HomeMy WebLinkAbout2023-10-02 (Regular) Meeting MinutesMINUTES
City Council Regular Meeting
Monday, October 2, 2023
1000 Englewood Parkway - 2nd Floor Council Chambers
6:00 PM
1 Study Session Topic
There were no study session items.
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
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- attended virtually
Council Member Jim Woodward
COUNCIL ABSENT: None
STAFF PRESENT:Director of Public Works/Acting City Manager Rachel
City Attorney Niles
City Clerk Carlile
Senior Deputy City Clerk McKinnon
Director of Parks, Recreation, Library, and Golf Christina Underhill
Director of Utilities and South Platte Renew Van Ry
Director of Finance Loh
Director of Human Resources Weiske
Director of Information Technology Isenbart
Deputy Director of Utilities and South Platte Renew Stone
Deputy Director of Engineering Hoos, Public Works
Deputy Director Anderson, Parks, Recreation, Library and Golf
Deputy Chief of Police Fender
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Division Chief Read, Police Department
Capital Project Engineer II Grafman, Public Works
Open Space Manager Torres, Parks and Recreation
Civil Engineer II Weaver, Public Works
Budget Administrator Nolan, Finance
Senior Planner Voboril, Community Development
System Administrator Munnell, Information Technology
Officer Hume, Police Department
5 Consideration of Minutes of Previous Session
a)Minutes of the Regular City Council Meeting of September 18, 2023.
Moved by Council Member Steven Ward
Seconded by Council Member Chelsea Nunnenkamp
APPROVAL OF THE MINUTES OF THE REGULAR CITY COUNCIL
MEETING OF SEPTEMBER 18, 2023
For Against Abstained
Othoniel Sierra x
Chelsea Nunnenkamp (Seconded
By)
x
Joe Anderson x
Steven Ward (Moved By)x
Rita Russell x
Jim Woodward x
PJ Kolnik x
7 0 0
Motion CARRIED.
b)Minutes of the Special City Council Meeting of September 25, 2023
Moved by Council Member Steven Ward
Seconded by Council Member Chelsea Nunnenkamp
APPROVAL OF THE MINUTES OF THE SPECIAL CITY COUNCIL MEETING
OF SEPTEMBER 25, 2023
For Against Abstained
Othoniel Sierra x
Chelsea Nunnenkamp (Seconded
By)
x
Joe Anderson x
Steven Ward (Moved By)x
Rita Russell x
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Jim Woodward x
PJ Kolnik x
7 0 0
Motion CARRIED.
6 Appointments, Communications, Proclamations, and Recognition
a)The Englewood Police Department was recognized for taking the One Mind
Campaign Pledge, sponsored by the International Association of Chiefs' of
Police.
b)The Englewood Police Department was recognized for receiving Accreditation
from the Colorado Association of Chiefs of Police.
c)A Proclamation declaring Conflict Resolution Month in the City of Englewood,
Colorado was read into the record and presented by Mayor Sierra.
d)A Proclamation declaring Code Enforcement Month in the City of Englewood,
Colorado was read into the record and presented by Mayor Sierra.
e)A Proclamation declaring Indigenous People's Day in the City of Englewood,
Colorado was read into the record and presented by Mayor Sierra.
f)A Proclamation declaring Breast Cancer Awareness Month in the City of
Englewood, Colorado was read into the record and presented by Mayor Sierra.
g)Affordable Housing Task Force Appointments
Englewood Residents – Renters
•Amber Reyes
•Sophia King
Affordable Housing Developer
•Kory Whitaker/Habitat for Humanity
Englewood Business Owners
•Joseph Phillips/Fellow Traveler
Moved by Council Member Joe Anderson
Seconded by Council Member Chelsea Nunnenkamp
Motion to amend Affordable Housing Task Force Appointments to include
Steven Yates as an Englewood Business Owner.
For Against Abstained
Othoniel Sierra x
Chelsea Nunnenkamp (Seconded
By)
x
Joe Anderson (Moved By)x
Steven Ward x
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Rita Russell x
Jim Woodward x
PJ Kolnik x
7 0 0
Motion CARRIED.
Moved by Council Member Chelsea Nunnenkamp
Seconded by Council Member Steven Ward
Motion to approve the Affordable Housing Task Force Appointments as
amended.
For Against Abstained
Othoniel Sierra x
Chelsea Nunnenkamp (Moved
By)
x
Joe Anderson x
Steven Ward (Seconded By)x
Rita Russell x
Jim Woodward x
PJ Kolnik x
7 0 0
Motion CARRIED.
7 Recognition of Scheduled Public Comment
a)C. Ann Dickerson, an Englewood resident, addressed Council regarding City
Council and CodeNext.
b)Martin Vorum, an Englewood resident, addressed Council regarding CodeNext
and communication.
c)Jan Weipert, an Englewood resident, addressed Council regarding invocation,
election cost, CodeNext, and migrants.
d)Sheila Singer, an Englewood resident, addressed Council regarding City
Council and CodeNext.
e)Elaine Hults, an Englewood resident, was scheduled to address Council but
was not present.
f)Pamela Beets, an Englewood resident, addressed Council regarding the
impact of decisions by City Council.
g)Ida May Nicholl, an Englewood resident, addressed Council regarding
Englewood schools and neighborhoods.
8 Recognition of Unscheduled Public Comment
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a)Stephanie Brooks, an Englewood resident, addressed Council regarding the
candidate open house at the Guild.
b)Kathleen Bailey, an Englewood resident, addressed Council regarding
CodeNext and municipal laws.
c)Michael Chisholm, an Englewood resident, addressed Council regarding the
Library.
d)Rick Emmelhainz, an Englewood resident, addressed Council regarding
appreciation for the Council and homelessness in Englewood.
e)Cathy Naughton, an Englewood resident, addressed Council regarding
CodeNext.
f)James Jordan, an Englewood resident, addressed Council regarding moving a
bus stop.
g)Stephen Strawbridge, an Englewood resident, addressed Council and gave
thanks to City Council members for their work.
h)Charles Wooldridge, an Englewood resident, addressed Council regarding
change in Englewood.
Council Member Nunnenkamp responded to Public Comment.
The meeting recessed at 8:31 p.m. for a break.
The meeting reconvened at 8:44 p.m. with all Council Members present,
Member Kolnik was virtual.
9 Consent Agenda Items
Council Member Russell removed Agenda Item 9(b)(iv) from Consent Agenda.
Moved by Council Member Ward seconded by Council Member Nunnenkamp to
approve Consent Agenda Item 9(a)(i), 9(b)(i-iii and v-xiv), and 9(c)(i-iii).
a)Approval of Ordinances on First Reading
i)CB-66 Xcel Energy requests permission to rebuild the Natural Gas
Regulator station at Bates Logan Park.
COUNCIL BILL NO. 66, INTRODUCED BY COUNCIL MEMBER
WARD
A BILL FOR AN ORDINANCE AUTHORIZING A TEMPORARY
CONSTRUCTION EASEMENT, UTILITY EASEMENT, AND SIDE
LETTER WITH THE PUBLIC SERVICE COMPANY OF COLORADO.
b)Approval of Ordinances on Second Reading.
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i)CB-41 Intergovernmental Agreement with Arapahoe County accepting
a grant for Bates Logan Park
ORDINANCE NO. 47 SERIES OF 2023 (COUNCIL BILL NO. 41,
INTRODUCED BY COUNCIL MEMBER WARD)
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL
AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND THE
BOARD OF COUNTY COMMISSIONERS 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-48 Amending Englewood Municipal Code to reflect new state name
for art gallery permit, update state law references.
ORDINANCE NO. 48 SERIES OF 2023 (COUNCIL BILL NO. 48,
INTRODUCED BY COUNCIL MEMBER NUNNENKAMP)
AN ORDINANCE AMENDING TITLE 5 CHAPTER 3 OF THE
ENGLEWOOD MUNICIPAL CODE TO UPDATE PERMIT NAME
UNDER STATE LAW, AND UPDATE REFERENCES TO THE
COLORADO REVISED STATUTES.
iii)CB-50 Amending Englewood Municipal Code to reflect new state
definition of serious bodily injury
ORDINANCE NO. 49 SERIES OF 2023 (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.
iv)CB-51 Intergovernmental Agreement between the City of Englewood and
Arapahoe County for the Arapahoe Countywide Transit and Micro Mobility
Study
[Clerks Note: This agenda item was removed from the Consent
Agenda motion and considered independently.]
Moved by Council Member Jim Woodward
Seconded by Council Member Joe Anderson
ORDINANCE NO. 60 SERIES OF 2023 (COUNCIL BILL NO. 51,
INTRODUCED BY COUNCIL MEMBER WARD)
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL
AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO,
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AND THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY
OF ARAPAHOE, STATE OF COLORADO, CONCERNING THE
COUNTYWIDE TRANSIT AND MICROMOBILITY STUDY.
For Against Abstained
Othoniel Sierra x
Chelsea Nunnenkamp x
Joe Anderson (Seconded By)x
Steven Ward x
Rita Russell x
Jim Woodward (Moved By)x
PJ Kolnik x
7 0 0
Motion CARRIED.
v)CB-54 Intergovernmental Agreement between the City of Englewood
and the Douglas County Sheriff regarding the use of an armored critical
incident vehicle
ORDINANCE NO. 50 SERIES OF 2023 (COUNCIL BILL NO. 54,
INTRODUCED BY COUNCIL MEMBER WOODWARD)
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL
AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND THE
DOUGLAS COUNTY SHERIFF’S OFFICE FOR A MEMORANDUM OF
UNDERSTANDING REGARDING USE OF THE ROOK ARMORED
CRITICAL INCIDENT VEHICLE.
vi)CB-55 Memorandum of Understanding with Englewood Downtown
Development Authority to Authorize Acceptance of EDDA funds for City
Community Improvement Projects
ORDINANCE NO. 51 SERIES OF 2023 (COUNCIL BILL NO. 55,
INTRODUCED BY COUNCIL MEMBER NUNNENKAMP)
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL
AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND
ENGLEWOOD DOWNTOWN DEVELOPMENT AUTHORITY FOR A
MEMORANDUM OF UNDERSTANDING REGARDING JOINT
FUNDING OF COMMUNITY PROJECTS.
vii)CB-57 Amendment to Water Infrastructure Financing and Innovation
Act Water Loan
ORDINANCE NO. 52 SERIES OF 2023 (COUNCIL BILL NO. 57,
INTRODUCED BY COUNCIL MEMBER WOODWARD)
AN ORDINANCE OF THE CITY OF ENGLEWOOD, ACTING BY AND
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THROUGH ITS SEWER UTILITY ENTERPRISE, APPROVING AN
AMENDMENT TO THE WIFIA LOAN AGREEMENT WITH THE
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY FOR
THE PURPOSE OF FINANCING WATER CAPITAL IMPROVEMENTS
AS PART OF THE CITY’S ONE WATER MODERNIZATION
PROGRAM – WATER UTILITY SYSTEM PROJECT.
viii)CB-58 City Ditch Crossing Agreements with Littleton
ORDINANCE NO. 53 SERIES OF 2023 (COUNCIL BILL NO. 58,
INTRODUCED BY COUNCIL MEMBER NUNNENKAMP)
AN ORDINANCE AUTHORIZING A LICENSE - CITY DITCH
CROSSING AGREEMENT AND A TEMPORARY CONSTRUCTION
EASEMENT BETWEEN THE CITY OF LITTLETON AND THE CITY
OF ENGLEWOOD, COLORADO.
ix)CB-59 Agreements and Temporary Construction Easement for
McBroom Ditch Crossing
ORDINANCE NO. 54 SERIES OF 2023 (COUNCIL BILL NO. 59,
INTRODUCED BY COUNCIL MEMBER NUNNENKAMP)
AN ORDINANCE AUTHORIZING A SERIES OF AGREEMENTS
NECESSARY FOR A PLANNED DEVELOPMENT LOCATED AT 3570
SOUTH FEDERAL BOULEVARD IN THE CITY OF SHERIDAN,
INCLUDING THE MCBROOM DITCH TEMPORARY CONSTRUCTION
EASEMENT WITH BONSAI APARTMENTS LLLP, AN AMENDMENT
TO THE INTERGOVERNMENTAL WASTEWATER CONNECTOR’S
AGREEMENT BETWEEN THE SHERIDAN SANITATION DISTRICT
NO. AND THE CITY OF ENGLEWOOD, COLORADO, AND
CONSENTING TO A SEWER CONNECTION AGREEMENT TO
ACCOMMODATE THE DEVELOPMENT.
x)CB-61 2024 Budget Ordinances Second Reading (1 of 5)
ORDINANCE NO. 55 SERIES OF 2023 (COUNCIL BILL NO. 61,
INTRODUCED BY COUNCIL MEMBER ANDERSON)
AN ORDINANCE ADOPTING THE BUDGET FOR THE CITY OF
ENGLEWOOD, COLORADO, FOR FISCAL YEAR 2024.
xi)CB-62 2024 Budget Ordinances Second Reading (2 of 5)
ORDINANCE NO. 56 SERIES OF 2023 (COUNCIL BILL NO. 62,
INTRODUCED BY COUNCIL MEMBER WOODWARD)
AN ORDINANCE APPROPRIATING MONIES FOR ALL MUNICIPAL
PURPOSES IN THE CITY OF ENGLEWOOD, COLORADO, FOR
FISCAL YEAR BEGINNING JANUARY 1, 2024, AND ENDING
DECEMBER 31, 2024, CONSTITUTING WHAT IS TERMED THE
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ANNUAL APPROPRIATION BILL FOR FISCAL YEAR 2024.
xii)CB-63 2024 Budget Ordinances Second Reading (3 of 5)
ORDINANCE NO. 57 SERIES OF 2023 (COUNCIL BILL NO. 63,
INTRODUCED BY COUNCIL MEMBER NUNNENKAMP)
AN ORDINANCE FIXING THE TAX LEVY IN MILLS UPON EACH
DOLLAR OF THE ASSESSED VALUATION OF ALL TAXABLE
PROPERTY WITHIN THE CITY OF ENGLEWOOD, COLORADO.
xiii)CB-65 2024 Budget Ordinances Second Reading (4 of 5)
ORDINANCE NO. 58 SERIES OF 2023 (COUNCIL BILL NO. 65,
INTRODUCED BY COUNCIL MEMBER WOODWARD)
AN ORDINANCE ADOPTING THE BUDGET FOR THE SOUTH
PLATTE RENEW FOR FISCAL YEAR 2024.
xiv)CB-64 2024 Budget Ordinances Second Reading (5 of 5)
ORDINANCE NO. 59 SERIES OF 2023 (COUNCIL BILL NO. 64,
INTRODUCED BY COUNCIL MEMBER ANDERSON)
AN ORDINANCE APPROPRIATING MONIES FOR THE SOUTH
PLATTE RENEW PURPOSES IN THE FISCAL YEAR BEGINNING
JANUARY 1, 2024, AND ENDING DECEMBER 31, 2024,
CONSTITUTING WHAT IS TERMED THE ANNUAL APPROPRIATION
BILL FOR FISCAL YEAR 2024.
c)Resolutions and Motions
i)Contract to purchase a new electric train from Chance Rides LLC
RESOLUTION NO. 23, SERIES OF 2023
A RESOLUTION AUTHORIZING THE EXECUTION OF A CONTRACT
WITH CHANCE RIDES TO PURCHASE AN ELECTRIC-POWERED
TRAIN FOR BELLEVIEW PARK.
ii)Withdrawing appointment of Associate Municipal Judge Jonathan
Lucero
RESOLUTION NO. 24, SERIES OF 2023
A RESOLUTION WITHDRAWING THE APPOINTMENT OF
JONATHAN MARC LUCERO AS ASSOCIATE MUNICIPAL COURT
JUDGE, AS DESIGNATED IN RESOLUTION NO. 23, SERIES OF
2020.
iii)Agreement between City of Englewood and Kaiser Foundation Health
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Plan of Colorado
RESOLUTION NO. 25, SERIES OF 2023
A RESOLUTION ACCEPTING A LETTER AGREEMENT WITH KAISER
FOUNDATION HEALTH PLAN OF COLORADO EFFECTIVE FOR THE
CONTRACT YEARS BEGINNING JANUARY 1, 2024.
Moved by Council Member Steven Ward
Seconded by Council Member Chelsea Nunnenkamp
Motion to approve Consent Agenda Items 9(a)(i), 9(b)(i-iii and v-xiv) and
9(c)(i-iii).
For Against Abstained
Othoniel Sierra x
Chelsea Nunnenkamp (Seconded
By)
x
Joe Anderson x
Steven Ward (Moved By)x
Rita Russell x
Jim Woodward x
PJ Kolnik x
7 0 0
Motion CARRIED.
10 Public Hearing Items
No public hearing was scheduled before Council.
11 Ordinances, Resolutions and Motions
a)Approval of Ordinances on First Reading
i)CB-67 Proposed rate increase for the Stormwater Utility Fund
Moved by Council Member Joe Anderson
Seconded by Council Member Chelsea Nunnenkamp
COUNCIL BILL NO. 67, INTRODUCED BY COUNCIL MEMBER
ANDERSON
A BILL FOR AN ORDINANCE ESTABLISHING STORMWATER UTILITY
AND ENTERPRISE FUND USER FEES IN ACCORDANCE WITH TITLE
12, CHAPTER 5, SECTION 4, SUBSECTION E, OF THE ENGLEWOOD
MUNICIPAL CODE 2000.
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For Against Abstained
Othoniel Sierra x
Chelsea Nunnenkamp (Seconded
By)
x
Joe Anderson (Moved By)x
Steven Ward x
Rita Russell x
Jim Woodward x
PJ Kolnik x
6 1 0
Motion CARRIED.
b)Approval of Ordinances on Second Reading
i)CB-32 Ban of live cat and dog sales at retail
Moved by Council Member Jim Woodward
Seconded by Council Member Chelsea Nunnenkamp
ORDINANCE NO. 61 SERIES OF 2023 (COUNCIL BILL NO. 32,
INTRODUCED BY COUNCIL MEMBER WOODWARD)
AN ORDINANCE CREATING TITLE 7 CHAPTER 1C SECTION 7-1C-7
OF ENGLEWOOD MUNICIPAL CODE PROHIBITING RETAIL SALE OF
DOGS AND CATS.
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
5 2 0
Motion CARRIED.
ii)CB-53 Council Bill designating City Manager's contracting authority in the
event City Council lacks a quorum
Moved by Council Member Jim Woodward
Seconded by Council Member Joe Anderson
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ORDINANCE NO. 62 SERIES OF 2023 (COUNCIL BILL NO. 53,
INTRODUCED BY COUNCIL MEMBER WOODWARD)
AN ORDINANCE AUTHORIZING CITY MANAGER TO ENTER INTO
NECESSARY CITY CONTRACTS IN ABSENCE OF CITY COUNCIL
QUORUM.
For Against Abstained
Othoniel Sierra x
Chelsea Nunnenkamp x
Joe Anderson (Seconded By)x
Steven Ward x
Rita Russell x
Jim Woodward (Moved By)x
PJ Kolnik x
5 2 0
Motion CARRIED.
c)Resolutions and Motions
i)Insituform Technologies contract for the South Englewood Flood
Reduction Site A project.
Moved by Council Member Joe Anderson
Seconded by Council Member Steven Ward
Approval of a contract with Insituform Technologies for the South
Englewood Flood Reduction Site A in the amount of $3,484,022.00 with
an allowance for a 10% contingency in the amount of $348,402.20 to
account for unknown circumstances that might be encountered on the
project. This 10% contingency will only be utilized, if necessary, to
account for items not already in the plans.
For Against Abstained
Othoniel Sierra x
Chelsea Nunnenkamp x
Joe Anderson (Moved By)x
Steven Ward (Seconded By)x
Rita Russell x
Jim Woodward x
PJ Kolnik x
7 0 0
Motion CARRIED.
ii)American Civil Constructors contract for the South Englewood Flood
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Reduction Site B project.
Moved by Council Member Joe Anderson
Seconded by Council Member Jim Woodward
Approval of a contract to American Civil Constructors for Construction of
South Englewood Flood Reduction Site B Project in the amount of
$18,255,337.66 with an allowance for a 10% contingency in the amount
of $1,825,533.76 to account for unknown circumstances that might be
encountered on the project. This 10% contingency will only be utilized, if
necessary, to account for items not already in the plans.
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.
iii)2024 City of Englewood Fee and Rate Schedule
Moved by Council Member Jim Woodward
Seconded by Council Member Joe Anderson
RESOLUTION NO. 26 SERIES OF 2023
A RESOLUTION ADOPTING THE 2024 FEE AND UTILITY RATE
SCHEDULE FOR THE CITY OF ENGLEWOOD, COLORADO.
For Against Abstained
Othoniel Sierra x
Chelsea Nunnenkamp x
Joe Anderson (Seconded By)x
Steven Ward x
Rita Russell x
Jim Woodward (Moved By)x
PJ Kolnik x
7 0 0
Motion CARRIED.
iv)Englewood Downtown Development Authority (EDDA) Proposed 2024
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Budget
Moved by Council Member Jim Woodward
Seconded by Council Member Chelsea Nunnenkamp
Approval of the Englewood Downtown Development Authority Proposed
2024 Budget.
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.
12 General Discussion
a)Mayor's Choice
b)Council Members' Choice
13 City Manager’s Report
14 Adjournment
MAYOR SIERRA MOVED TO ADJOURN. The meeting adjourned at 9:45 p.m
City Clerk
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