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Home My WebLink About2024-07-17 (Regular) Meeting Minutes MINUTES City Council Regular Meeting Monday, June 17, 2024 1000 Englewood Parkway - 2nd Floor Council Chambers 6:00 PM 1 Study Session Topic a) Director of Finance Kevin Engels and Jim Hinkle, Managing Director of Hinkle and Company, PC., were present to discuss the 2023 Annual Comprehensive Financial Report and audit results. b) Arapahoe County Commissioner Carrie Warren Gulley was present to discuss Arapahoe County Funding. The meeting recessed at 6:55 p.m. for a break. The meeting reconvened at 7:03 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 7:03 p.m. 3 Pledge of Allegiance 4 Roll Call COUNCIL PRESENT: Mayor Othoniel Sierra Mayor Pro Tem Joe Anderson Council Member Steve Ward Council Member Chelsea Nunnenkamp Council Member Rita Russell Council Member Tena Prange Council Member Kim Wright COUNCIL ABSENT: None STAFF PRESENT: City Manager Lewis City Attorney Niles Senior Deputy City Clerk McKinnon Deputy City Manager Dodd Director of Utilities and South Platte Renew Van Ry Director of Finance Kevin Engels Director of Community Development Power Page 1 of 12 Docusign Envelope ID: 0FC68E84-9D8F-418B-B325-82E6ECAFC0A9 City Council Regular June 17, 2024 Director of Public Works Rachael Police Chief Watson Deputy Director of Business Solutions and Engineering Stone, Utilities Deputy Director of Engineering Hoos, Public Works Deputy Police Chief Fender, Police Department Capital Project Engineer II Keener, Public Works Capital Projects Engineer II Mahmood, Public Works Economic Development Manager Hollingsworth Department Administrator Fenton, Community Development Web & Digital Content Strategist Magnuson, Communications Department Marketing & Social Media Strategist Davis, Communication Department Administrative Assistant Prado, City Clerk's Office Intern Smith, City Clerk's Office Systems Administrator Munnell, Information Technology Audio Visual Engineer Hessling, Information Technology Officer Randdell, Police Department Officer Benkelman Police Department Officer Roberts, Police Department 5 Consideration of Minutes of Previous Session a) Minutes of the Regular City Council Meeting of June 3, 2024. Moved by Council Member Joe Anderson Seconded by Council Member Kim Wright APPROVAL OF THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF JUNE 3, 2024 AS AMENDED. For Against Abstained Chelsea Nunnenkamp x Rita Russell x Othoniel Sierra x Joe Anderson (Moved By) x Tena Prange x Kim Wright (Seconded By) x Steven Ward x 7 0 0 Motion CARRIED. 6 Appointments, Communications, Proclamations, and Recognition a) Recognition of the Communications Department for receiving two National Association of Government Communicators awards for excellence in communication. b) Resolution appointing members to various boards, commissions, and Page 2 of 12 Docusign Envelope ID: 0FC68E84-9D8F-418B-B325-82E6ECAFC0A9 City Council Regular June 17, 2024 committees Moved by Council Member Chelsea Nunnenkamp Seconded by Council Member Joe Anderson RESOLUTION NO.21 SERIES OF 2024 A RESOLUTION APPOINTING MEMBERS, CITY COUNCIL LIAISONS TO BOARDS, COMMISSIONS AND COMMITTEES FOR THE CITY OF ENGLEWOOD. For Against Abstained Chelsea Nunnenkamp (Moved By) x Rita Russell x Othoniel Sierra x Joe Anderson (Seconded By) x Tena Prange x Kim Wright x Steven Ward x 7 0 0 Motion CARRIED. 7 Recognition of Scheduled Public Comment a) Kathleen Bailey, an Englewood resident, addressed Council regarding need for actual 25-year rain event capacity infrastructure in the upstream half of the South Englewood Basin. b) PJ Kolnik, an Englewood resident, addressed Council regarding Title 16 Amendments and was not present. c) Jake Gilbert, an Englewood resident, addressed Council regarding native grasses and weeds. 8 Recognition of Unscheduled Public Comment a) Brenda Hubka, an Englewood resident, addressed Council regarding the splash pad and Miller Field. b) Charles Downing, an Englewood resident, addressed Council regarding an ethical technology ordinance. c) Rick Emmelhainz, an Englewood resident, addressed Council regarding the parks bond. d) Gary Kozack, an Englewood resident, addressed Council regarding the traffic meter on Oxford. e) Chris Duis, an Englewood resident, addressed Council regarding Englewood and thanked Police Chief Watson. Page 3 of 12 Docusign Envelope ID: 0FC68E84-9D8F-418B-B325-82E6ECAFC0A9 City Council Regular June 17, 2024 f) Regan Benson addressed Council regarding homelessness non-response. g) Cody Phelps, an Englewood resident, addressed Council regarding the parks bond. h) Kristin Beard, an Englewood resident, addressed Council regarding the parks pond i) Ida May Nicholl, an Englewood resident, addressed Council regarding the Historic Englewood Museum. j) Cathy Naughton, an Englewood resident, addressed Council regarding two initiatives. k) Michael Chisholm, an Englewood resident, addressed Council regarding the park bond. Council Member Wright responded to Public Comment. 9 Consent Agenda Items Council Member Wright removed Agenda Item from Consent Agenda. Council Member Russell removed Agenda Item 9(c)(iii) from Consent Agenda. Moved by Council Member Anderson seconded by Council Member Nunnenkamp to approve Consent Agenda Items 9(a)(i-ii), 9(b)(i), and 9(c)(i-ii and iv -v). [Clerks Note: This agenda item was removed from the Consent Agenda motion and considered independently.] a) Approval of Ordinances on First Reading i) CB-21 Amendment to the Intergovernmental Joint Cooperation Agreement and Home Investment Partnerships Consortium Agreement between Arapahoe County and City of Englewood for Grant Years 2025-2027 COUNCIL BILL NO. 21 INTRODUCED BY COUNCIL MEMBER WARD A BILL FOR AN ORDINANCE AUTHORIZING AN AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT BETWEEN ARAPAHOE COUNTY, COLORADO, SEVERAL CITIES WITHIN ARAPAHOE COUNTY, AND THE CITY OF ENGLEWOOD, COLORADO RELATING TO THE CONDUCT OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIP (HOME) PROGRAMS. ii) CB-22 Agreements with Evergreen-Mineral & Santa Fe, L.L.C. and the City of Littleton for City Ditch relocation and utility crossings Page 4 of 12 Docusign Envelope ID: 0FC68E84-9D8F-418B-B325-82E6ECAFC0A9 City Council Regular June 17, 2024 COUNCIL BILL NO. 22 INTRODUCED BY COUNCIL MEMBER WARD A BILL FOR AN ORDINANCE AUTHORIZING AGREEMENTS BETWEEN EVERGREEN-MINERAL & SANTA FE, L.L.C. AND THE CITY OF ENGLEWOOD AND INTERGOVERNMENTAL AGREEMENTS BETWEEN THE CITY OF ENGLEWOOD AND THE CITY OF LITTLETON FOR CITY DITCH RELOCATION AND UTILITY CROSSINGS. b) Approval of Ordinances on Second Reading. i) CB-18 Acceptance of an administrative grant in the amount of $18,423 for the South Metro Enterprise Zone ORDINANCE NO. 20 SERIES OF 2024 (COUNCIL BILL NO. 18 INTRODUCED BY COUNCIL MEMBER ANDERSON) AN ORDINANCE AUTHORIZING ACCEPTANCE OF A GRANT FROM THE STATE OF COLORADO, OFFICE OF ECONOMIC DEVELOPMENT AND INTERNATIONAL TRADE (OEDIT) TO FUND ADMINISTRATION ACTIVITIES FOR THE SOUTH METRO ENTERPRISE ZONE. c) Resolutions and Motions i) Award of a Contract to A-1 Chipseal for the 2024 Slurry Seal Approval of a contract with A-1 Chipseal in the amount of $631,646.60 for the 2024 Slurry Seal Project with an allowance for a 10% contingency in the amount of $63,164.66 to account for unknown circumstances that might be encountered on the project. ii) Award of a Contract to Elite Surface Infrastructure for the 2024 Mill and Overlay Approval of a contract with Elite Surface Infrastructure in the amount of $1,902,058.30 for the 2024 Mill and Overlay project with an allowance for a 10% contingency in the amount of $190,205.83 to account for unknown circumstances that might be encountered on the project. iii) Award of a Design Contract to Otak Inc. for the Englewood Rail Trail Project [Clerks Note: This agenda item was removed from the Consent Agenda motion and considered independently.] Moved by Council Member Tena Prange Seconded by Council Member Chelsea Nunnenkamp Approval; of a professional services agreement with Otak Inc. to perform Page 5 of 12 Docusign Envelope ID: 0FC68E84-9D8F-418B-B325-82E6ECAFC0A9 City Council Regular June 17, 2024 30% design services for the Englewood Rail Trail Project. The estimated cost to design 30% plans is $488,716.00. There is a total budget of $500,000.00 allocated from the American Rescue Plan Act (ARPA) funding available under the Walk and Wheel implementation project within the Public Improvement Fund. For Against Abstained Chelsea Nunnenkamp (Seconded By) x Rita Russell x Othoniel Sierra x Joe Anderson x Tena Prange (Moved By) x Kim Wright x Steven Ward x 7 0 0 Motion CARRIED. iv) Contract for Services with Insituform Technologies, LLC for the City Ditch 60” Cured-in-Place Pipe Lining near S Windermere Street and W Belleview Avenue Approval of a contract for services with C&L for the City Ditch 60” CIPP Lining near S Windermere Street and W Belleview Avenue in the amount of $153,545, including approval to execute change order(s) to expend a 10% staff-managed contingency of $15,355, if needed, for a total project authorization of $168,900. v) Optimal Source Contract for Services with BC Interiors for Allen Water Treatment Plant Phase 1 Office Improvements Furniture Approval of a contract for services with BCI for the Allen WTP Phase 1 Office Improvement Furniture Project (Project) in the amount of $136,563, including approval to execute change order(s) to expend a 10% staff- managed contingency of $13,656 if needed, for a total Project authorization of $150,219. Moved by Council Member Steven Ward Seconded by Council Member Joe Anderson Motion to approve Consent Agenda Items 9(a)(i-ii), 9(b)(i), and 9(c)(i-ii and iv -v). For Against Abstained Chelsea Nunnenkamp x Rita Russell x Othoniel Sierra x Page 6 of 12 Docusign Envelope ID: 0FC68E84-9D8F-418B-B325-82E6ECAFC0A9 City Council Regular June 17, 2024 Joe Anderson (Seconded By) x Tena Prange x Kim Wright x Steven Ward (Moved By) x 7 0 0 Motion CARRIED. 10 Public Hearing Items There were no Public Hearings 11 Ordinances, Resolutions and Motions a) Approval of Ordinances on First Reading i) CB-20 Development Impact Fees Moved by Member Nunnenkamp, seconded by Member Prange to approve Development Impact Fees Discussion ensued. Moved by Council Member Joe Anderson Seconded by Council Member Chelsea Nunnenkamp Motion to remove the Police Facility Fee from the Police Impact Fee. For Against Abstained Chelsea Nunnenkamp (Seconded By) x Rita Russell x Othoniel Sierra x Joe Anderson (Moved By) x Tena Prange x Kim Wright x Steven Ward x 4 3 0 Motion CARRIED. Moved by Council Member Chelsea Nunnenkamp Seconded by Council Member Joe Anderson Motion to exclude Accessory Dwelling Units from the Impact fees. Page 7 of 12 Docusign Envelope ID: 0FC68E84-9D8F-418B-B325-82E6ECAFC0A9 City Council Regular June 17, 2024 For Against Abstained Chelsea Nunnenkamp (Moved By) x Rita Russell x Othoniel Sierra x Joe Anderson (Seconded By) x Tena Prange x Kim Wright x Steven Ward x 3 4 0 Motion DEFEATED. Moved by Council Member Joe Anderson Seconded by Council Member Steven Ward Motion to reduce the parks and multimodal fees by 30 percent, so that they are 70 percent of the proposed amount. For Against Abstained Chelsea Nunnenkamp x Rita Russell x Othoniel Sierra x Joe Anderson (Moved By) x Tena Prange x Kim Wright x Steven Ward (Seconded By) x 6 1 0 Motion CARRIED. Moved by Council Member Chelsea Nunnenkamp Seconded by Council Member Joe Anderson Motion to include "and Accessory Dwelling units" to Section 2-B-3 of Council Bill Number 20. City Council shall establish the amount of development impact fees to ensure a rational nexus and rough proportionality between the fee and the development type’s impacts, except the City Manager’s designee may waive or reduce fees for affordable housing projects and Accessory Dwelling Units. For Against Abstained Chelsea Nunnenkamp (Moved By) x Rita Russell x Page 8 of 12 Docusign Envelope ID: 0FC68E84-9D8F-418B-B325-82E6ECAFC0A9 City Council Regular June 17, 2024 Othoniel Sierra x Joe Anderson (Seconded By) x Tena Prange x Kim Wright x Steven Ward x 3 4 0 Motion DEFEATED. Moved by Council Member Steven Ward Seconded by Council Member Rita Russell Motion to strike the clause in 4-9-1-B-3 that begins with except the City Manager as designee may waive or reduce fees for affordable housing project. Substitute with except upon Planning and Zoning Commission recommendations and City Council approval fees may be waived for affordable housing projects. For Against Abstained Chelsea Nunnenkamp x Rita Russell (Seconded By) x Othoniel Sierra x Joe Anderson x Tena Prange x Kim Wright x Steven Ward (Moved By) x 3 4 0 Motion DEFEATED. Moved by Council Member Steven Ward Seconded by Council Member Rita Russell Motion to strike the clause in 4-9-1-B-3 that begins with except the City Manager as designee may waive or reduce fees for affordable housing projects. For Against Abstained Chelsea Nunnenkamp x Rita Russell (Seconded By) x Othoniel Sierra x Joe Anderson x Tena Prange x Kim Wright x Steven Ward (Moved By) x Page 9 of 12 Docusign Envelope ID: 0FC68E84-9D8F-418B-B325-82E6ECAFC0A9 City Council Regular June 17, 2024 3 4 0 Motion DEFEATED. Moved by Council Member Chelsea Nunnenkamp Seconded by Council Member Tena Prange COUNCIL BILL NO. 20 INTRODUCED BY COUNCIL MEMBER NUNNENKAMP A BILL FOR AN ORDINANCE AMENDING ENGLEWOOD MUNICIPAL CODE TO CREATE TITLE 4 CHAPTER 9 CONCERNING DEVELOPMENT IMPACT FEES AS AMENDED. For Against Abstained Chelsea Nunnenkamp (Moved By) x Rita Russell x Othoniel Sierra x Joe Anderson x Tena Prange (Seconded By) x Kim Wright x Steven Ward x 5 2 0 Motion CARRIED. The meeting recessed at 9:05 p.m. for a break. The meeting reconvened at 9:12 p.m. with all Council Members present. b) Approval of Ordinances on Second Reading There were no additional Ordinances on Second Reading. See agenda item 9(b)(i) c) Resolutions and Motions i) Resolution to waive building fees for non-profits serving people experiencing homelessness Moved by Council Member Joe Anderson Seconded by Council Member Chelsea Nunnenkamp A RESOLUTION AMENDING THE 2024 SCHEDULE OF PERMIT, LICENSE, AND PERMIT FEES AND UTILITY RATES FOR THE CITY OF ENGLEWOOD, COLORADO, BY PROVIDING FOR ZERO-COST BUILDING PERMIT FEES FOR NON-PROFIT ORGANIZATIONS Page 10 of 12 Docusign Envelope ID: 0FC68E84-9D8F-418B-B325-82E6ECAFC0A9 City Council Regular June 17, 2024 PROVIDING HOMELESSNESS SERVICES. For Against Abstained Chelsea Nunnenkamp (Seconded By) x Rita Russell x Othoniel Sierra x Joe Anderson (Moved By) x Tena Prange x Kim Wright x Steven Ward x 3 4 0 Motion DEFEATED. 12 General Discussion a) Mayor's Choice i) Executive Session for the purpose of discussing specialized details of security arrangements or investigations. § 24-6-402(4)(d), C.R.S. Moved by Council Member Steven Ward Seconded by Council Member Kim Wright MOTION TO MOVE INTO EXECUTIVE SESSION TO DISCUSS SPECIALIZED DETAILS OF SECURITY ARRANGEMENTS OR INVESTIGATIONS. § 24-6-402(4)(D), C.R.S. For Against Abstained Chelsea Nunnenkamp x Rita Russell x Othoniel Sierra x Joe Anderson x Tena Prange x Kim Wright (Seconded By) x Steven Ward (Moved By) x 6 1 0 Motion CARRIED. The meeting recessed at 9:51 p.m. to go into Executive Session. The meeting reconvened at 10:15 p.m. with all Council Members present. Mayor Sierra recited the following statement: For the record, if any person Page 11 of 12 Docusign Envelope ID: 0FC68E84-9D8F-418B-B325-82E6ECAFC0A9 City Council Regular June 17, 2024 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 Kim Wright MOTION TO CLOSE THE EXECUTIVE SESSION For Against Abstained Chelsea Nunnenkamp x Rita Russell x Othoniel Sierra (Moved By) x Joe Anderson x Tena Prange x Kim Wright (Seconded By) x Steven Ward x 7 0 0 Motion CARRIED. b) Council Members' Choice 13 City Manager’s Report 14 Adjournment MAYOR SIERRA MOVED TO ADJOURN. The meeting adjourned at 10:22 p.m. Senior Deputy City Clerk Page 12 of 12 Docusign Envelope ID: 0FC68E84-9D8F-418B-B325-82E6ECAFC0A9