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Home My WebLink About2023-09-11 (Regular) Meeting Minutes MINUTES City Council Regular Meeting Monday, September 11, 2023 1000 Englewood Parkway - 2nd Floor Council Chambers 6:00 PM 1 Study Session Topic a) Director of Parks, Recreation, Library and Golf Christina Underhill, and Deputy Director of Parks, Recreation, Library and Golf Brad Anderson were present to discuss the Englewood Parks and Recreation proposal for Broncos Funds use in the 2024 fiscal year. The meeting recessed at 6:37 p.m. for a break. The meeting reconvened at 7:00 p.m. with all Council Members present. 2 Call to Order The regular meeting of the Englewood City Council was called to order by Mayor Sierra at 7:00 p.m. 3 Pledge of Allegiance The Pledge of Allegiance was led by Mayor Sierra. 4 Roll Call COUNCIL PRESENT: Mayor Othoniel Sierra Mayor Pro Tem Steven Ward Council Member Joe Anderson Council Member Chelsea Nunnenkamp Council Member Rita Russell Council Member PJ Kolnik Council Member Jim Woodward COUNCIL ABSENT: None STAFF PRESENT: City Manager Lewis City Attorney Niles City Clerk Carlile Senior Deputy City Clerk McKinnon Records System and Program Manager Rogers Deputy City Manager Dodd Page 1 of 17 City Council Regular September 11, 2023 Director of Public Works Rachael Director of Parks, Recreation, Library, and Golf Underhill Director of Community Development Power Director of Information Technology Isenbart Director of Human Resources Weiske Director of Utilities and South Platte Renew Van Ry Chief of Police Watson Deputy Chief of Police Fender Deputy Director of Engineering Hoos, Public Works Deputy Director of Parks, Recreation, Library, and Golf Anderson Manager Engels, Finance Department Open Space Manager Torres, Parks and Recreation Chief Building Official Montanez Facility Manager Peavler, Public Works Open Space Manager Torres, Parks and Recreation Planning Manager Isham, Community Development Senior Planner Voboril Information Technology Manager Creager System Administrator Munnell, Information Technology Network Administrator Hunnicutt, Information Technology Officer Raddell, Police Department 5 Consideration of Minutes of Previous Session a) Minutes of the Regular City Council Meeting of September 5, 2023. Moved by Council Member Chelsea Nunnenkamp Seconded by Council Member Joe Anderson APPROVAL OF THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF SEPTEMBER 5, 2023 For Against Abstained Othoniel Sierra x Chelsea Nunnenkamp (Moved By) x Joe Anderson (Seconded By) x Steven Ward x Rita Russell x Jim Woodward x PJ Kolnik x 7 0 0 Motion CARRIED. 6 Appointments, Communications, Proclamations, and Recognition Page 2 of 17 City Council Regular September 11, 2023 a) A moment of silence was held in memory of the victims of the attack on September 11, 2001. b) Affordable Housing Task Force Appointments Motion by Member Anderson, seconded by Member Woodward to approve members to the Englewood Housing Task Force. Discussion ensued. Moved by Council Member Rita Russell Seconded by Council Member Othoniel Sierra Motion to amend by removing the Englewood homeowners Jake Gilbert and Samantha Hurst and replacing them with Rick Emmelhainz and Stephanie Brooks. For Against Abstained Othoniel Sierra (Seconded By) x Chelsea Nunnenkamp x Joe Anderson x Steven Ward x Rita Russell (Moved By) x Jim Woodward x PJ Kolnik x 1 6 0 Motion DEFEATED. Moved by Council Member Othoniel Sierra Seconded by Council Member Chelsea Nunnenkamp Motion to amend by removing Mr. Wright from tonight's vote and reconsider him when the other renter applications come in. For Against Abstained Othoniel Sierra (Moved By) x Chelsea Nunnenkamp (Seconded By) x Joe Anderson x Steven Ward x Rita Russell x Jim Woodward x PJ Kolnik x 3 4 0 Page 3 of 17 City Council Regular September 11, 2023 Motion DEFEATED. Moved by Council Member Joe Anderson Seconded by Council Member Jim Woodward Motion to approve members to the Englewood Housing Task Force. For Against Abstained Othoniel Sierra x Chelsea Nunnenkamp x Joe Anderson (Moved By) x Steven Ward x Rita Russell x Jim Woodward (Seconded By) x PJ Kolnik x 7 0 0 Motion CARRIED. Affordable Housing Task Force Appointments Englewood Homeowners • Jake Gilbert • Samantha Hurst Englewood Renters • Kevin Wright Non-Profit/Educational • Diane Reinhard, Craig Hospital • Aaron Martinez, Urban Land Conservancy Trade/Industry Representative • Sherri Stinson Market-Rate Residential Developer • Hugo Weinberger, Situs Real Estate City Council Page 4 of 17 City Council Regular September 11, 2023 • Councilmember Nunnenkamp • Councilmember Anderson c) Workplace Development Month Proclamation was read into the record by Mayor Sierra. 7 Recognition of Scheduled Public Comment a) Lasheita Sayer, an Englewood resident, was scheduled to address Council regarding Short Term Rental Licensing and Processes but was not present. b) C. Ann Dickerson, an Englewood resident, addressed Council regarding housing and CodeNext. c) Tina Hayhurst, Executive Director of Movement 5280, addressed Council regarding her program for youth and young adults experiencing homelessness. d) Sheila Singer was scheduled to address Council and didn't speak. e) Kevin Wright, an Englewood resident, was scheduled to address Council and didn't speak. f) Cathy Naughton, an Englewood resident, addressed Council regarding the Recall. Moved by Council Member Joe Anderson Seconded by Council Member Othoniel Sierra Motion - point of privilege to allow response to public comment during public comment. For Against Abstained Othoniel Sierra (Seconded By) x Chelsea Nunnenkamp x Joe Anderson (Moved By) x Steven Ward x Rita Russell x Jim Woodward x PJ Kolnik x 4 3 0 Motion CARRIED. Council Member Anderson responded to Englewood resident Cathy Naughton's public comment. g) Bob Stephenson, an Englewood resident, addressed Council regarding CodeNext h) Doug Cohn, an Englewood resident, addressed Council regarding City history. Page 5 of 17 City Council Regular September 11, 2023 8 Recognition of Unscheduled Public Comment a) Niki Shoup, an Englewood resident, addressed Council regarding CodeNext. b) Rick Emmelhaniz, an Englewood resident, addressed Council regarding procedures. c) Ron Pickens, an Englewood resident, addressed Council regarding CodeNext. d) Jan Weipert, an Englewood resident, addressed Council regarding the housing task force vote, weeds, applause, zoning, and building changes. e) Gary Kozack, an Englewood resident, addressed Council regarding CodeNext. f) Ida May Nicholl, an Englewood resident, addressed Council regarding elected officials. g) Ivan Erwin, an Englewood resident, addressed Council regarding CodeNext. h) Pamela Beets, an Englewood resident, addressed Council regarding CodeNext. i) Aaron Reid, an Englewood resident, addressed Council regarding the sink hole. j) Matt Crabtree, an Englewood resident, addressed Council regarding CodeNext. k) Ellie Burbee, an Englewood resident, addressed Council regarding CodeNext. Mayor Sierra responded to Public Comment. The meeting recessed at 8:53 p.m. for a break. The meeting reconvened at 9:05 p.m. with all Council Members present. 9 Consent Agenda Items Council Member Russell removed Agenda Items 9(c)(i-ii) from Consent Agenda. Moved by Council Member Woodward seconded by Council Member Nunnenkamp to approve Consent Agenda Item 9(a)(i-iii) and 9(b)(i-v). a) Approval of Ordinances on First Reading i) CB-41 Intergovernmental Agreement with Arapahoe County accepting a grant for Bates Logan Park COUNCIL BILL NO. 41, INTRODUCED BY COUNCIL MEMBER WARD A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND THE BOARD OF COUNTY COMMISSIONERS Page 6 of 17 City Council Regular September 11, 2023 OF THE COUNTY OF ARAPAHOE, STATE OF COLORADO FOR AN INTERGOVERNMENTAL AGREEMENT REGARDING 2023 GRANT OF ARAPAHOE COUNTY OPEN SPACE PROGRAM FUNDS PROJECT NAME: BATES LOGAN PARK RENOVATION PHASE 2. ii) CB-50 Amending Englewood Municipal Code to reflect new state definition of serious bodily injury COUNCIL BILL NO. 50, INTRODUCED BY COUNCIL MEMBER WARD AN ORDINANCE AMENDING TITLE 7 CHAPTER SECTIONS 7-1A-1, 76A-3, AND 7-6D-13 OF ENGLEWOOD MUNICIPAL CODE TO MODIFY THE DEFINITION OF SERIOUS BODILY INJURY. iii) CB-51 Intergovernmental Agreement between the City of Englewood and Arapahoe County for the Arapahoe Countywide Transit and Micro Mobility Study COUNCIL BILL NO. 51, INTRODUCED BY COUNCIL MEMBER WARD A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF ARAPAHOE, STATE OF COLORADO, CONCERNING THE COUNTYWIDE TRANSIT AND MICROMOBILITY STUDY. b) Approval of Ordinances on Second Reading. i) CB 04 - Repeal Englewood Municipal Code Title 12 Chapter 6 Cable TV Customer Standards ORDINANCE NO. 40, SERIES OF 2023 (COUNCIL BILL NO. 04, INTRODUCED BY COUNCIL MEMBER NUNNENKAMP) AN ORDINANCE AMENDING TITLE 12, CHAPTER 6 OF ENGLEWOOD MUNICIPAL CODE REGARDING CABLE TV CUSTOMER STANDARDS. ii) CB-39 2023 National Electric Code Adoption ORDINANCE NO. 41, SERIES OF 2023 (COUNCIL BILL NO. 39, INTRODUCED BY COUNCIL MEMBER NUNNENKAMP) AN ORDINANCE CONCERNING THE AMENDMENT OF TITLE 8, CHAPTER 2 ARTICLE D OF THE ENGLEWOOD MUNICIPAL CODE, Page 7 of 17 City Council Regular September 11, 2023 IN CONNECTION WITH THE ADOPTION OF THE 2023 NATIONAL ELECTRIC CODE WITHIN THE CITY OF ENGLEWOOD, ARAPAHOE COUNTY, COLORADO. iii) CB-40 Memorandum of Understanding between the Englewood Police Department and Arapahoe County Human Services, Child Protection Services ORDINANCE NO. 42, SERIES OF 2023 (COUNCIL BILL NO. 40, INTRODUCED BY COUNCIL MEMBER WOODWARD) AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND ARAPAHOE COUNTY DEPARTMENT OF HUMAN SERVICES CHILD PROTECTION SERVICES FOR A MEMORANDUM OF UNDERSTANDING 2023-2027 COOPERATIVE AGREEMENT. iv) CB-42 Comcast Cable TV Franchise Agreement. ORDINANCE NO. 43, SERIES OF 2023 (COUNCIL BILL NO. 42, INTRODUCED BY COUNCIL MEMBER RUSSELL) AN ORDINANCE APPROVING A NONEXCLUSIVE, REVOCABLE CABLE FRANCHISE RENEWAL AGREEMENT BETWEEN COMCAST OF COLORADO IX, LLC, AND THE CITY OF ENGLEWOOD, COLORADO. v) CB-45 Amending Englewood Municipal Code Regarding the City Clerk Department ORDINANCE NO. 44, SERIES OF 2023 (COUNCIL BILL NO. 45, INTRODUCED BY COUNCIL MEMBER RUSSELL) AN ORDINANCE AMENDING ENGLEWOOD MUNICIPAL CODE REGARDING CITY DEPARTMENTS, BY ADDING CITY CLERK DEPARTMENT, REVISING FINANCE DEPARTMENT, AND UPDATING FIRE DEPARTMENT DESCRIPTIONS. Moved by Council Member Jim Woodward Seconded by Council Member Chelsea Nunnenkamp Motion to approve consent agenda items 9(a)(i-iii) and 9(b)(i-v). For Against Abstained Othoniel Sierra x Chelsea Nunnenkamp (Seconded By) x Joe Anderson x Steven Ward x Rita Russell x Page 8 of 17 City Council Regular September 11, 2023 Jim Woodward (Moved By) x PJ Kolnik x 7 0 0 Motion CARRIED. c) Resolutions and Motions i) Resolution appointing City Hearing officers [Clerks Note: This agenda item was removed from the Consent Agenda motion and considered independently.] Moved by Council Member Rita Russell Seconded by Council Member Jim Woodward RESOLUTION NO. 21 SERIES OF 2023 A RESOLUTION DESIGNATING INDEPENDENT HEARING OFFICERS FOR THE CITY OF ENGLEWOOD. For Against Abstained Othoniel Sierra x Chelsea Nunnenkamp x Joe Anderson x Steven Ward x Rita Russell (Moved By) x Jim Woodward (Seconded By) x PJ Kolnik x 7 0 0 Motion CARRIED. ii) Approval of 2023-2024 security services renewal contract for Civic Center & Englewood Environmental Foundation (EEF) [Clerks Note: This agenda item was removed from the Consent Agenda motion and considered independently.] Moved by Council Member Rita Russell Seconded by Council Member PJ Kolnik Approval of the Civic Center & EEF Security Services. For Against Abstained Othoniel Sierra x Chelsea Nunnenkamp x Page 9 of 17 City Council Regular September 11, 2023 Joe Anderson x Steven Ward x Rita Russell (Moved By) x Jim Woodward x PJ Kolnik (Seconded By) x 7 0 0 Motion CARRIED. 10 Public Hearing Items a) Proposed 2024 Budget Public Hearing Moved by Council Member Jim Woodward Seconded by Council Member Chelsea Nunnenkamp MOTION TO OPEN THE PUBLIC HEARING FOR THE PROPOSED 2024 BUDGET PUBLIC HEARING For Against Abstained Othoniel Sierra x Chelsea Nunnenkamp (Seconded By) x Joe Anderson x Steven Ward x Rita Russell x Jim Woodward (Moved By) x PJ Kolnik x 7 0 0 Motion CARRIED. All testimony was given under oath. Budget Administrator Nolan presented information regarding the proposed 2024 budget. 0 citizens spoke in favor of the proposed 2024 budget. 0 citizens spoke in opposition to the proposed 2024 budget. Moved by Council Member Jim Woodward Seconded by Council Member Chelsea Nunnenkamp MOTION TO CLOSE THE PUBLIC HEARING FOR THE PROPOSED 2024 BUDGET PUBLIC HEARING For Against Abstained Page 10 of 17 City Council Regular September 11, 2023 Othoniel Sierra x Chelsea Nunnenkamp (Seconded By) x Joe Anderson x Steven Ward x Rita Russell x Jim Woodward (Moved By) x PJ Kolnik x 7 0 0 Motion CARRIED. 11 Ordinances, Resolutions and Motions a) Approval of Ordinances on First Reading i) CB-52 First Reading for Case 2020-09, Unified Development Code Moved by Member Anderson seconded by Member Kolnik to approve Council Bill # 52. Moved by Council Member PJ Kolnik Seconded by Council Member Joe Anderson Motion to amend Council Bill No. 52 to remove owner occupancy requirements for ADUs by striking item § 16-4-4.B.10. For Against Abstained Othoniel Sierra x Chelsea Nunnenkamp x Joe Anderson (Seconded By) x Steven Ward x Rita Russell x Jim Woodward x PJ Kolnik (Moved By) x 3 4 0 Motion DEFEATED. Lengthy discussion ensued. Moved by Council Member Othoniel Sierra Seconded by Council Member Joe Anderson Motion to amend Council Bill No. 52 to remove owner occupancy requirements for ADUs by striking item § 16-4-4.B.10. Page 11 of 17 City Council Regular September 11, 2023 For Against Abstained Othoniel Sierra (Moved By) x Chelsea Nunnenkamp x Joe Anderson (Seconded By) x Steven Ward x Rita Russell x Jim Woodward x PJ Kolnik x 4 3 0 Motion CARRIED. Moved by Council Member Othoniel Sierra Seconded by Council Member Chelsea Nunnenkamp Motion to amend Council Bill No. 52 to revise the definition of Household in § 16-13-2 to read: "A household includes one or more persons related by blood, marriage, adoption, civil union or committed partnership, or legal guardianship, including foster children, living together in a dwelling unit; or up to 4 adults of any relationship and their minor children or legal dependents living in a dwelling unit." For Against Abstained Othoniel Sierra (Moved By) x Chelsea Nunnenkamp (Seconded By) x Joe Anderson x Steven Ward x Rita Russell x Jim Woodward x PJ Kolnik x 6 1 0 Motion CARRIED. Moved by Council Member Othoniel Sierra Seconded by Council Member Steven Ward Motion to amend Council Bill No. 52, to revise references to The Planning and Zoning Commission to the Board of Adjustment and Appeals for Administrative Adjustments in § 16-2-11 and in any related tables. Page 12 of 17 City Council Regular September 11, 2023 For Against Abstained Othoniel Sierra (Moved By) x Chelsea Nunnenkamp x Joe Anderson x Steven Ward (Seconded By) x Rita Russell x Jim Woodward x PJ Kolnik x 7 0 0 Motion CARRIED. Moved by Council Member Joe Anderson Seconded by Council Member PJ Kolnik Motion to amend Council Bill No. 52 to revise § 16-4-4.B.3 to read: 3. Detached houses in the R-2-B and MU-R-3 districts may have multiple accessory dwelling units as indicated in Table 5-2. The total floor area of the accessory dwelling unit shall be limited to no more than: a. 800 square feet, if in a detached building or attached to the principal building; or b. Equal to the building footprint if internal to the principal building. For Against Abstained Othoniel Sierra x Chelsea Nunnenkamp x Joe Anderson (Moved By) x Steven Ward x Rita Russell x Jim Woodward x PJ Kolnik (Seconded By) x 4 3 0 Motion CARRIED. Moved by Council Member Othoniel Sierra Seconded by Council Member PJ Kolnik Motion to amend Council Bill No. 52 - Staff recommendations regarding Short Term Rentals Page 13 of 17 City Council Regular September 11, 2023 A. Update Short Term Rental regulations to add an allowance for STR’s into the land-use table to clear an inconsistency brought forward from existing Title 16. Add “A” to Short Term Rental use for M-2 District in Table 4-2: Permitted Uses. Revise § 16-4-4.E.2 – Add M-2 district to list of zoning districts that allow for Short Term Rentals 2.Zoning Districts. On and after April 1, 2020, STRs are allowed in the following zone districts: R-1-A, R-1-B, R-1-C, R-2-A, R-2-B, M-1, M-2, M- O-2, MU-R-3-A, MU-R-3-B, MU-R-3-C, MU-B-1, and MU-B-2. For Against Abstained Othoniel Sierra (Moved By) x Chelsea Nunnenkamp x Joe Anderson x Steven Ward x Rita Russell x Jim Woodward x PJ Kolnik (Seconded By) x 7 0 0 Motion CARRIED. Moved by Council Member Othoniel Sierra Seconded by Council Member PJ Kolnik Motion to amend Council Bill No. 52 to update the Marijuana Use category to provide references to recreational marijuana. For Against Abstained Othoniel Sierra (Moved By) x Chelsea Nunnenkamp x Joe Anderson x Steven Ward x Rita Russell x Jim Woodward x PJ Kolnik (Seconded By) x 7 0 0 Motion CARRIED. Moved by Council Member Othoniel Sierra Seconded by Council Member PJ Kolnik Page 14 of 17 City Council Regular September 11, 2023 Motion to amend Council Bill No. 52 to revise § 16-13-1.C.13 Retail and Sales – Other to add the use descriptions for Consignment Store – Large and Consignment Store – Small to the Retail and Sales – Other, category. For Against Abstained Othoniel Sierra (Moved By) x Chelsea Nunnenkamp x Joe Anderson x Steven Ward x Rita Russell x Jim Woodward x PJ Kolnik (Seconded By) x 7 0 0 Motion CARRIED. Moved by Council Member Joe Anderson Seconded by Council Member PJ Kolnik COUNCIL BILL NO. 52, INTRODUCED BY COUNCIL MEMBER ANDERSON A BILL FOR AN ORDINANCE AUTHORIZING THE REPEAL AND REPLACEMENT OF TITLE 16 OF THE ENGLEWOOD MUNICIPAL CODE 2000 AS AMENDED. For Against Abstained Othoniel Sierra x Chelsea Nunnenkamp x Joe Anderson (Moved By) x Steven Ward x Rita Russell x Jim Woodward x PJ Kolnik (Seconded By) x 4 3 0 Motion CARRIED. Moved by Council Member Othoniel Sierra Seconded by Council Member Steven Ward Motion to move agenda item 11(b)(i) up for consideration (time sensitive) and to table the rest of the agenda items to the Regular Meeting on September 18. Page 15 of 17 City Council Regular September 11, 2023 For Against Abstained Othoniel Sierra (Moved By) x Chelsea Nunnenkamp x Joe Anderson x Steven Ward (Seconded By) x Rita Russell x Jim Woodward x PJ Kolnik x 7 0 0 Motion CARRIED. ii) CB-53 Council Bill designating City Manager's contracting authority in the event City Council lacks a quorum This agenda item was tabled until September 18. b) Approval of Ordinances on Second Reading i) CB-44 Approval of an IGA with the Cities of Littleton and Sheridan for the development of a Tri-Cities Homelessness Plan of Action Moved by Council Member Chelsea Nunnenkamp Seconded by Council Member Joe Anderson ORDINANCE NO. 45, SERIES OF 2023 (COUNCIL BILL NO. 44, INTRODUCED BY COUNCIL MEMBER ANDERSON) AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY AND LITTLETON AND SHERIDAN FOR A TRI-CITIES HOMELESS NAVIGATION CENTER. For Against Abstained Othoniel Sierra x Chelsea Nunnenkamp (Moved By) x Joe Anderson (Seconded By) x Steven Ward x Rita Russell x Jim Woodward x PJ Kolnik x 5 2 0 Motion CARRIED. Page 16 of 17 City Council Regular September 11, 2023 c) Resolutions and Motions i) Overview of the 2023 Quarter Two Strategic Plan Updates This agenda item was tabled to September 18. 12 General Discussion a) Mayor's Choice i) City Council Discussed the proposed Library Card Sign up Proclamation. This agenda item was tabled until September 18. ii) City Council Discussed proposed Conflict Resolution Month Proclamation. This agenda item was tabled until September 18. b) Council Members' Choice 13 City Manager’s Report a) City Council Discussed the Liaisons for the Youth Advisory Board. This agenda item was tabled until September 18. 14 Adjournment MAYOR SIERRA MOVED TO ADJOURN. The meeting adjourned at 12:41 a.m. City Clerk Page 17 of 17