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Home My WebLink About2024-09-16 (Regular) Meeting Minutes MINUTES City Council Regular Meeting Monday, September 16, 2024 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 The Pledge of Allegiance was led by Mayor Sierra. 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 City Clerk Carlile Deputy City Clerk Harkness Deputy City Manager Dodd Director of Parks, Recreation, Library and Golf Underhill Director of Community Development Power Director of Utilities and South Platte Renew Van Ry Director of Finance Engels Director of Public Works Rachael Deputy Director of Business Solutions and Engineering Stone, Page 1 of 11 Docusign Envelope ID: 0A39087A-29E8-42F3-8CDB-98F31F08206E City Council Regular September 16, 2024 Utilities Deputy Director of Parks and Recreation Anderson Deputy Police Chief Fender Budget Manager Nolan, Finance Environmental Compliance Manager Edelstein, Utilities Open Space Manager Torres, Parks and Recreation Economic Development Manager Hollingsworth, Community Development Marketing and Communications Project Manager Arnce, Communications Audio Visual Engineer Hessling, Information Technology System Administrator Munnell, Information Technology Police Officer Raddell 5 Consideration of Minutes of Previous Session a) Minutes of the Regular City Council Meeting of September 3, 2024. Moved by Council Member Chelsea Nunnenkamp Seconded by Council Member Tena Prange APPROVAL OF THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF SEPTEMBER 3, 2024. 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 7 0 0 Motion CARRIED. 6 Appointments, Communications, Proclamations, and Recognition a) Chief of Police Sam Watson was recognized for his contributions to the City of Englewood. 7 Recognition of Scheduled Public Comment a) Jenn Lambert, an Englewood resident, addressed Council. 8 Recognition of Unscheduled Public Comment a) Paul Genty, an Englewood resident, addressed Council. b) Ivan Erwin, an Englewood resident, addressed Council. Page 2 of 11 Docusign Envelope ID: 0A39087A-29E8-42F3-8CDB-98F31F08206E City Council Regular September 16, 2024 c) Peter Eckel, an Englewood resident, addressed Council. d) Amy Beck, a Denver resident, addressed Council. e) Rebecca Kramer, an Englewood resident, addressed Council. f) Jan Weipert, an Englewood resident, addressed Council. g) Chris Cordova, a Denver resident, addressed Council. Council Member Ward responded to Public Comment. 9 Consent Agenda Items Council Member Russell removed Agenda Item 9(c)(ii) from Consent Agenda. Moved by Council Member Anderson seconded by Council Member Nunnenkamp to approve Consent Agenda Item 9(a)(i), 9(b)(i-iv) and 9(c)(i)(iii). a) Approval of Ordinances on First Reading i) CB-37 Intergovernmental Agreement between the City of Englewood and Arapahoe County for the South Metro Enterprise Zone Subzone COUNCIL BILL NO. 37, INTRODUCED BY COUNCIL MEMBER ANDERSON A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND ARAPAHOE COUNTY FOR THE SOUTH METRO ENTERPRISE ZONE SUBZONE. b) Approval of Ordinances on Second Reading. i) CB-31 Intergovernmental Agreement with Arapahoe County accepting a grant for Phase 3 at Bates Logan Park. ORDINANCE NO. 35 SERIES OF 2024 (COUNCIL BILL NO. 31 INTRODUCED BY COUNCIL MEMBER ANDERSON) 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 2024 GRANT OF ARAPAHOE COUNTY OPEN SPACE PROGRAM FUNDS PROJECT NAME: BATES LOGAN PARK RENOVATION PHASE 3. ii) CB-32 Intergovernmental Agreement between the Arapahoe County Page 3 of 11 Docusign Envelope ID: 0A39087A-29E8-42F3-8CDB-98F31F08206E City Council Regular September 16, 2024 E911 Authority and the City of Englewood for the use of the 911 Authority backup communications center. ORDINANCE NO. 36 SERIES OF 2024 (COUNCIL BILL NO. 32 INTRODUCED BY COUNCIL MEMBER RUSSELL) AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND THE ARAPAHOE COUNTY 911 AUTHORITY FOR USE OF THE ARAPAHOE COUNTY 911 AUTHORITY BACKUP COMMUNICATIONS CENTER. iii) CB-38 Intergovernmental Agreement Between the City of Englewood and Englewood Downtown Development Authority for a Memorandum of Understanding Regarding Shared Digital Accessibility Resources ORDINANCE NO. 37 SERIES OF 2024 (COUNCIL BILL NO. 38 INTRODUCED BY COUNCIL MEMBER ANDERSON) AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND ENGLEWOOD DOWNTOWN DEVELOPMENT AUTHORITY FOR A MEMORANDUM OF UNDERSTANDING REGARDING SHARED DIGITAL ACCESSIBILITY RESOURCES. iv) CB-40 Amendment to the Intergovernmental Joint Cooperation Agreement and HOME Consortium Agreement between Arapahoe County and various cities related to Community Development Block Grant and Home Investment Partnerships (HOME) Program for Fiscal Years 2025-2027. ORDINANCE NO. 38 SERIES OF 2024 (COUNCIL BILL NO. 40 INTRODUCED BY COUNCIL MEMBER NUNNENKAMP) AN ORDINANCE REPEALING ORDINANCE NO. 23 SERIES OF 2024, AND 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. c) Resolutions and Motions i) Motion to approve settlement agreement with American Striping, Harvey Construction, Inc. Page 4 of 11 Docusign Envelope ID: 0A39087A-29E8-42F3-8CDB-98F31F08206E City Council Regular September 16, 2024 Approval of the settlement agreement with American Striping, Harvey Construction, Inc. ii) Motion- On-Call Contract for Services (CFS) renewal with Insituform Technologies, LLC dba C & L Water Solutions (C&L) for as-needed repairs and/or replacements on the City of Englewood’s (City) water pipelines. [Clerks Note: This agenda item was removed from the Consent Agenda motion and considered independently.] Moved by Council Member Joe Anderson Seconded by Council Member Tena Prange Approval of the On-Call Contract for Services (CFS) renewal with Insituform Technologies, LLC dba C & L Water Solutions (C&L) for as- needed repairs and/or replacements on the City of Englewood’s (City) water pipelines. For Against Abstained Chelsea Nunnenkamp x Rita Russell x Othoniel Sierra x Joe Anderson (Moved By) x Tena Prange (Seconded By) x Kim Wright x Steven Ward x 6 1 0 Motion CARRIED iii) Electrical, Instrumentation and Controls (EI&C) contract renewals. Approval of the Electrical, Instrumentation and Controls (EI&C) contract renewals. Moved by Council Member Joe Anderson Seconded by Council Member Chelsea Nunnenkamp Motion to approve Consent Agenda Items 9(a)(i), 9(b)(i-iv), and 9(c)(i)(iii). For Against Abstained Chelsea Nunnenkamp (Seconded By) x Rita Russell x Othoniel Sierra x Joe Anderson (Moved By) x Page 5 of 11 Docusign Envelope ID: 0A39087A-29E8-42F3-8CDB-98F31F08206E City Council Regular September 16, 2024 Tena Prange x Kim Wright x Steven Ward x 7 0 0 Motion CARRIED 10 Public Hearing Items a) Public Hearing on the 2025 Budget Moved by Council Member Steven Ward Seconded by Council Member Kim Wright MOTION TO OPEN THE PUBLIC HEARING FOR THE PROPOSED 2025 BUDGET PUBLIC HEARING 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 7 0 0 Motion CARRIED. All testimony was given under oath. Budget Administrator Nolan presented information regarding the proposed 2025 budget. 1 citizen spoke neither in favor nor opposed to the 2025 budget. 0 citizens spoke in favor of the proposed 2025 budget. 0 citizens spoke in opposition to the proposed 2025 budget. Moved by Council Member Joe Anderson Seconded by Council Member Chelsea Nunnenkamp MOTION TO CLOSE THE PUBLIC HEARING FOR THE PROPOSED 2025 BUDGET PUBLIC HEARING For Against Abstained Page 6 of 11 Docusign Envelope ID: 0A39087A-29E8-42F3-8CDB-98F31F08206E City Council Regular September 16, 2024 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 7 0 0 Motion CARRIED. 11 Ordinances, Resolutions and Motions a) Approval of Ordinances on First Reading i) CB-17 Amendment to Municipal Code regarding maximum penalties to align with state law Moved by Council Member Kim Wright Seconded by Council Member Rita Russell MOTION TO TABLE TO OCTOBER 7, 2024 For Against Abstained Chelsea Nunnenkamp x Rita Russell (Seconded By) x Othoniel Sierra x Joe Anderson x Tena Prange x Kim Wright (Moved By) x Steven Ward x 2 5 0 Motion DEFEATED. Moved by Council Member Chelsea Nunnenkamp Seconded by Council Member Joe Anderson COUNCIL BILL NO. 17 INTRODUCED BY COUNCIL MEMBER NUNNENKAMP A BILL FOR AN ORDINANCE AMENDING ENGLEWOOD MUNICIPAL CODE 1-4-1, MAXIMUM PENALTIES. For Against Abstained Page 7 of 11 Docusign Envelope ID: 0A39087A-29E8-42F3-8CDB-98F31F08206E City Council Regular September 16, 2024 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 5 2 0 Motion CARRIED. ii) CB-23 Creation of a Hookah business license Moved by Council Member Kim Wright Seconded by Council Member Rita Russell MOTION TO TABLE TO DATE UNCERTAIN For Against Abstained Chelsea Nunnenkamp x Rita Russell (Seconded By) x Othoniel Sierra x Joe Anderson x Tena Prange x Kim Wright (Moved By) x Steven Ward x 3 4 0 Motion DEFEATED. Moved by Council Member Chelsea Nunnenkamp Seconded by Council Member Tena Prange COUNCIL BILL NO. 23 INTRODUCED BY COUNCIL MEMBER NUNNENKAMP A BILL FOR AN ORDINANCE AMENDING ENGLEWOOD MUNICIPAL CODE, CREATING A HOOKAH TOBACCO RETAILER BUSINESS LICENSE. For Against Abstained Chelsea Nunnenkamp (Moved By) x Rita Russell x Othoniel Sierra x Page 8 of 11 Docusign Envelope ID: 0A39087A-29E8-42F3-8CDB-98F31F08206E City Council Regular September 16, 2024 Joe Anderson x Tena Prange (Seconded By) x Kim Wright x Steven Ward x 4 3 0 Motion CARRIED. iii) CB-39 Amending Municipal Code adopting 2023 Bob's Rules of Order Moved by Council Member Tena Prange Seconded by Council Member Rita Russell MOTION TO AMEND TO ALLOW THE INLCUSION OF RULE 1.5, MOTION BEFORE DISCUSSION For Against Abstained Chelsea Nunnenkamp x Rita Russell (Seconded By) x Othoniel Sierra x Joe Anderson x Tena Prange (Moved By) x Kim Wright x Steven Ward x 5 2 0 Motion CARRIED. Moved by Council Member Steven Ward Seconded by Council Member Chelsea Nunnenkamp COUNCIL BILL NO. 39 INTRODUCED BY COUNCIL MEMBER WARD A BILL FOR AN ORDINANCE AMENDING ENGLEWOOD MUNICIPAL CODE BY ADOPTING BY REFERENCE 2023 BOB’S RULES OF ORDER AND AMENDMENTS THERETO, TO ESTABLISH PROCEDURAL RULES FOR CITY COUNCIL MEETINGS AS AMENDED. For Against Abstained Chelsea Nunnenkamp (Seconded By) x Rita Russell x Othoniel Sierra x Joe Anderson x Tena Prange x Page 9 of 11 Docusign Envelope ID: 0A39087A-29E8-42F3-8CDB-98F31F08206E City Council Regular September 16, 2024 Kim Wright x Steven Ward (Moved By) x 7 0 0 Motion CARRIED. b) Approval of Ordinances on Second Reading There were no additional Ordinances on Second Reading. See agenda items 9(b)(i-iv) c) Resolutions and Motions i) Resolution- Utilities staff is seeking City Council approval to join class action settlements against Tyco Fire Products LP et al. (Tyco) and BASF Corporation (BASF) regarding Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS). Moved by Council Member Joe Anderson Seconded by Council Member Rita Russell RESOLUTION NO. 26 SERIES OF 2024 A RESOLUTION AUTHORIZING THE CITY OF ENGLEWOOD, COLORADO TO OPT INTO THE SETTLEMENT AGREEMENTS WITH 3 BASF CORPORATION AND TYCO FIRE PRODUCTS LP IN RE: AQUEOUS FILM-FORMING FOAMS PRODUCTS LIABILITY LITIGATION, MDL NO. 2873 (MULTI-DISTRICT CLASS ACTION PFAS LITIGATION). For Against Abstained Chelsea Nunnenkamp x Rita Russell (Seconded By) x Othoniel Sierra x Joe Anderson (Moved By) x Tena Prange x Kim Wright x Steven Ward x 7 0 0 Motion CARRIED. 12 General Discussion a) Mayor's Choice Page 10 of 11 Docusign Envelope ID: 0A39087A-29E8-42F3-8CDB-98F31F08206E City Council Regular September 16, 2024 b) Council Members' Choice 13 City Manager’s Report 14 Adjournment MAYOR SIERRA MOVED TO ADJOURN. The meeting adjourned at 9:49 p.m. City Clerk Page 11 of 11 Docusign Envelope ID: 0A39087A-29E8-42F3-8CDB-98F31F08206E