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Home My WebLink About2023-11-20 (Regular) Meeting Minutes MINUTES City Council Regular Meeting Monday, November 20, 2023 1000 Englewood Parkway - 2nd Floor Council Chambers 6:00 PM 1 Study Session Topic a) Deputy City Manager, Tim Dodd was present to discuss Contract Approval Thresholds. The meeting recessed at 6:39 p.m. for a break. The meeting reconvened at 7:00 p.m. with six Council Members present, Member Anderson was absent and Member Nunnenkamp was virtual. 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 Chelsea Nunnenkamp Council Member Rita Russell Council Member PJ Kolnik Council Member Jim Woodward COUNCIL ABSENT: Council Member Joe Anderson STAFF PRESENT: City Manager Lewis City Attorney Niles Senior Deputy City Clerk McKinnon Deputy City Clerk Harkness Deputy City Manager Dodd Director of Utilities and South Platte Renew Van Ry Director of Parks, Recreation, Library, and Golf Underhill Director of Finance Loh Page 1 of 11 DocuSign Envelope ID: 35224144-D25D-49CF-B933-4F9704B5D51E City Council Regular November 20, 2023 Director of Public Works Rachael Director of Community Development Power Utilities Deputy Director - Business Solutions and Engineering Stone Environmental Compliance Manager Edelstein, Utilities Economic Development Manager Hollingsworth City Architect Goblirsch, Public Works Librarian Powers, Library Librarian Gardner, Library Systems Administrator Munnell, Information Technology Audio Visual Engineer Hessling, Information Technology Police Officer Roberts Police Officer Raddell 5 Consideration of Minutes of Previous Session a) Minutes of the Regular City Council Meeting of November 6, 2023 Moved by Council Member Steven Ward Seconded by Council Member Jim Woodward APPROVAL OF THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF NOVEMBER 6, 2023 For Against Abstained Chelsea Nunnenkamp x Steven Ward (Moved By) x Rita Russell x Jim Woodward (Seconded By) x PJ Kolnik x Othoniel Sierra x 6 0 0 Motion CARRIED. b) Minutes of the Special City Council Meeting on November 13, 2023 Moved by Council Member Steven Ward Seconded by Council Member Jim Woodward APPROVAL OF THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF NOVEMBER 13, 2023 For Against Abstained Chelsea Nunnenkamp x Steven Ward (Moved By) x Page 2 of 11 DocuSign Envelope ID: 35224144-D25D-49CF-B933-4F9704B5D51E City Council Regular November 20, 2023 Rita Russell x Jim Woodward (Seconded By) x PJ Kolnik x Othoniel Sierra x 6 0 0 Motion CARRIED. 6 Appointments, Communications, Proclamations, and Recognition a) Craig Hospital was recognized for being selected as a 2023 Forbes Small Employer of the Year. b) Kimberly Powers was recognized for receiving an achievement award from the Colorado Libraries for early literacy. c) A Proclamation declaring Small Business Saturday in the City of Englewood, Colorado was read into the record and presented by Mayor Sierra. 7 Recognition of Scheduled Public Comment Motion to suspend remote public comment for the night. For Against Abstained Chelsea Nunnenkamp x Steven Ward (Moved By) x Rita Russell x Jim Woodward x PJ Kolnik x Othoniel Sierra (Seconded By) x 5 1 0 CARRIED. a) Regan Benson addressed Council regarding misallocation/abuse of City resources. b) Nathan Hoag, an Englewood resident, addressed Council regarding the Englewood Holiday Store. 8 Recognition of Unscheduled Public Comment a) C. Ann Dickerson, an Englewood resident, addressed Council regarding water bill. Council Member Ward responded to Public Comment. Page 3 of 11 DocuSign Envelope ID: 35224144-D25D-49CF-B933-4F9704B5D51E City Council Regular November 20, 2023 9 Consent Agenda Items Council Member Russell removed Agenda Item 9(b)(ii-iii) and 9(c)(iv) from Consent Agenda. Moved by Council Member Woodward seconded by Council Member Kolnik to approve Consent Agenda Item 9(b)(i), 9(c)(i-iii) a) Approval of Ordinances on First Reading There were no Ordinances on First reading. b) Approval of Ordinances on Second Reading. i) CB-46 Two Intergovernmental Agreements with the Colorado Department of Public Health and Environment for an expanded sampling and an infrastructure pilot project for Per- and polyfluoroalkyl substances. ORDINANCE NO. 65 SERIES OF 2023 (COUNCIL BILL NO. 46 INTORDUCED BY COUNCIL MEMBER NUNNENKAMP) AN ORDINANCE AUTHORIZING TWO INTERGOVERNMENTAL AGREEMENTS BETWEEN THE CITY OF ENGLEWOOD AND THE STATE OF COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT FOR PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES GRANT FUNDS ii) CB-47 Amending Englewood Municipal Code to establish clear authority for the City's current fees for usage of City property, facilities and services. [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 ORDINANCE NO. 66 SERIES OF 2023 (COUNCIL BILL NO. 47 INTORDUCED BY COUNCIL MEMBER RUSSELL) AN ORDINANCE AMENDING ENGLEWOOD MUNICIPAL CODE TO ESTABLISH CLEAR AUTHORITY FOR CITY’S CURRENT FEES FOR USAGE OF CITY PROPERTY, FACILITIES, SERVICES. For Against Abstained Chelsea Nunnenkamp x Page 4 of 11 DocuSign Envelope ID: 35224144-D25D-49CF-B933-4F9704B5D51E City Council Regular November 20, 2023 Steven Ward x Rita Russell (Moved By) x Jim Woodward (Seconded By) x PJ Kolnik x Othoniel Sierra x 6 0 0 Motion CARRIED. iii) CB-69 Amending Englewood Municipal Code to provide consistency in Council fee- setting mechanisms [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 Steven Ward ORDINANCE NO. 67 SERIES OF 2023 (COUNCIL BILL NO. 69 INTORDUCED BY COUNCIL MEMBER RUSSELL) AN ORDINANCE AMENDING SECTIONS OF ENGLEWOOD MUNICIPAL CODE TO ELIMINATE SPECIFIC FEES AND INCONSISTENT FEE ADOPTION MECHANISMS, SO FEES AND RATES MAY BE ADOPTED IN A SINGLE LEGISLATIVE ACT WHEN ADOPTING THE ANNUAL CITY FEE AND RATE SCHEDULE. For Against Abstained Chelsea Nunnenkamp x Steven Ward (Seconded By) x Rita Russell (Moved By) x Jim Woodward x PJ Kolnik x Othoniel Sierra x 6 0 0 Motion CARRIED. c) Resolutions and Motions i) 2024 Allen Water Treatment Plant Bulk Chemical Purchases RESOLUTION NO. 28, SERIES OF 2023 A RESOLUTION AWARDING OPTIMAL SOURCE CONTRACTS TO DPC INDUSTRIES, INC. AND CHEMTRADE CHEMICALS US LLC FOR THE PURCHASE OF SODIUM HYPOCHLORITE, SODIUM Page 5 of 11 DocuSign Envelope ID: 35224144-D25D-49CF-B933-4F9704B5D51E City Council Regular November 20, 2023 HYDROXIDE, AND ALUMINUM SULFATE DURING THE 2024 CALENDAR YEAR ii) Professional Services Agreement and a Cost Reimbursement Agreement for the McLellan Reservoir drain line relocation design Approval of a contract with PSA with Hazen and Sawyer (Hazen) for engineering design of the McLellan Reservoir drain line relocation in the amount of $139,020, including approval to execute change order(s) to expend a 10% staff-managed contingency of $13,902, for a total project authorization of $152,922. iii) Optimal Source Professional Services Agreements for Per- and Polyfluoroalkyl Substances Sampling and Infrastructure Pilot Projects Approval of a contract for two optimal source PSAs with Stantec Consulting Services, Inc. (Stantec) for the Sampling of PFAS from the South Platte River Watershed in the amount of $73,160 and for the PFAS Infrastructure Project in the amount of $353,064 for a total authorization of $426,224. iv) Four Professional Services Agreement renewals with Carollo Engineers, Inc., Hazen and Sawyer, HDR, Inc., and Jacobs Engineering Group, Inc. for on-call engineering services [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 Approval of a contract for f four PSA renewals for on-call engineering services with Carollo, Hazen, HDR, and Jacobs up to an amount of $200,000 per renewal agreement. For Against Abstained Chelsea Nunnenkamp x Steven Ward x Rita Russell (Moved By) x Jim Woodward (Seconded By) x PJ Kolnik x Othoniel Sierra x 6 0 0 Motion CARRIED. Moved by Council Member Jim Woodward Seconded by Council Member PJ Kolnik Page 6 of 11 DocuSign Envelope ID: 35224144-D25D-49CF-B933-4F9704B5D51E City Council Regular November 20, 2023 Motion to approve Consent Agenda Items 9(b)(i), 9(c)(i-iii) For Against Abstained Chelsea Nunnenkamp x Steven Ward x Rita Russell x Jim Woodward (Moved By) x PJ Kolnik (Seconded By) x Othoniel Sierra x 6 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 There were no Ordinances on First reading b) Approval of Ordinances on Second Reading There were no additional Ordinances on Second reading (see 9(b)(i-iii). c) Resolutions and Motions i) Contract Renewal for Landscaping / Ground Maintenance Service with Arrowhead Landscape Services The meeting recessed at 7:51 p.m. for a break. The meeting reconvened at 8:00 p.m. with six Council Members present, Member Anderson was absent and Member Nunnenkamp was virtual. Moved by Council Member Jim Woodward Seconded by Council Member Steven Ward Approval of a renewal contract #3 for Arrowhead Landscaping in the not- to-exceed amount of $250,000. For Against Abstained Chelsea Nunnenkamp x Steven Ward (Seconded By) x Rita Russell x Page 7 of 11 DocuSign Envelope ID: 35224144-D25D-49CF-B933-4F9704B5D51E City Council Regular November 20, 2023 Jim Woodward (Moved By) x PJ Kolnik x Othoniel Sierra x 6 0 0 Motion CARRIED. ii) Contract Renewal for Snow & Ice Removal Services with Keesen Landscape Management, Inc. Moved by Council Member Jim Woodward Seconded by Council Member Steven Ward Approval of a contract renewal with Keesen Landscape Management, Inc. for the not-to-exceed amount of $550,000. For Against Abstained Chelsea Nunnenkamp x Steven Ward (Seconded By) x Rita Russell x Jim Woodward (Moved By) x PJ Kolnik x Othoniel Sierra x 6 0 0 Motion CARRIED. iii) 2023 Budget Supplemental #4 Moved by Council Member Jim Woodward Seconded by Council Member Steven Ward RESOLUTION NO. 29, SERIES OF 2023 A BUDGET SUPPLEMENTAL RESOLUTION TO AMEND APPROPRIATIONS WITHIN THE 2023 BUDGET OF THE CITY OF ENGLEWOOD For Against Abstained Chelsea Nunnenkamp x Steven Ward (Seconded By) x Rita Russell x Jim Woodward (Moved By) x PJ Kolnik x Othoniel Sierra x 6 0 0 Page 8 of 11 DocuSign Envelope ID: 35224144-D25D-49CF-B933-4F9704B5D51E City Council Regular November 20, 2023 Motion CARRIED. iv) PFAS Settlement Moved by Council Member Jim Woodward Seconded by Council Member PJ Kolnik RESOLUTION NO. 30, SERIES OF 2023 A RESOLUTION AUTHORIZING THE CITY OF ENGLEWOOD, COLORADO TO OPT INTO THE SETTLEMENT AGREEMENTS WITH 3M COMPANY AND THE CHEMOURS COMPANY, THE CHEMOURS COMPANY FC, LLC, DUPONT DE NEMOURS, INC., CORTEVA, INC., AND E.I. DUPONT DE NEMOURS AND COMPANY N/K/A EIDP, INC. IN RE: AQUEOUS FILM-FORMING FOAMS PRODUCTS LIABILITY LITIGATION, MDL NO. 2873 (MULTI-DISTRICT CLASS ACTION PFAS LITIGATION). For Against Abstained Chelsea Nunnenkamp x Steven Ward x Rita Russell x Jim Woodward (Moved By) x PJ Kolnik (Seconded By) x Othoniel Sierra x 6 0 0 Motion CARRIED. v) Executive Session pursuant to C.R.S. § 24-6-402(4)(f)(I) for personnel matters, to discuss the compensation, classification, and contract of City Manager Shawn Lewis, and City Attorney Tamara Niles. Moved by Council Member Othoniel Sierra Seconded by Council Member Steven Ward MOTION TO MOVE INTO AN EXECUTIVE SESSION PURSUANT TO C.R.S. § 24-6-402(4)(F)(I) FOR PERSONNEL MATTERS, TO DISCUSS THE COMPENSATION, CLASSIFICATION AND CONTRACT OF CITY MANAGER SHAWN LEWIS, AND CITY ATTORNEY TAMARA NILES. For Against Abstained Chelsea Nunnenkamp x Steven Ward (Seconded By) x Rita Russell x Jim Woodward x Page 9 of 11 DocuSign Envelope ID: 35224144-D25D-49CF-B933-4F9704B5D51E City Council Regular November 20, 2023 PJ Kolnik x Othoniel Sierra (Moved By) x 5 0 1 Motion CARRIED. Mayor Sierra recited the following statement: For the record, if any person who participated in the executive session believes that any substantial discussion of any matters not included in the motion to go into the executive session occurred during the executive session, or that any improper action occurred during the executive session in violation of the Open Meetings Law, I would ask that you state your concerns for the record. None stated. Moved by Council Member Othoniel Sierra Seconded by Council Member Steven Ward MOTION TO CLOSE THE EXECUTIVE SESSION For Against Abstained Chelsea Nunnenkamp x Steven Ward (Seconded By) x Rita Russell x Jim Woodward x PJ Kolnik x Othoniel Sierra (Moved By) x 5 0 1 Motion CARRIED. City Council tabled the vote on the annual salary Resolution for the City Manager and City Attorney until after Council Members report. Moved by Council Member Jim Woodward Seconded by Council Member Rita Russell RESOLUTION NO. 31, SERIES OF 2023 A RESOLUTION ESTABLISHING THE ANNUAL SALARY FOR THE CITY MANAGER AND CITY ATTORNEY OF THE CITY OF ENGLEWOOD, COLORADO. AS AMENDED For Against Abstained Chelsea Nunnenkamp x Steven Ward x Page 10 of 11 DocuSign Envelope ID: 35224144-D25D-49CF-B933-4F9704B5D51E City Council Regular November 20, 2023 Rita Russell (Seconded By) x Jim Woodward (Moved By) x PJ Kolnik x Othoniel Sierra x 6 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 10:09 p.m. Senior Deputy City Clerk Page 11 of 11 DocuSign Envelope ID: 35224144-D25D-49CF-B933-4F9704B5D51E