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Home My WebLink About2024-10-21 (Regular) Meeting Minutes MINUTES City Council Regular Meeting Monday, October 21, 2024 1000 Englewood Parkway - 2nd Floor Council Chambers 6:00 PM 1. Study Session Topic a) Broken Tee Golf Manager Shannon Buccio and Guest Presenters-Stuart Lindsay from Edgehill Golf Advisors and Rick Phelps from Phelps Golf Design were present to discuss the Golf Action Plan for Broken Tee Golf Course. The meeting recessed at 6:05 p.m. due to audio issues. The meeting reconvened at 6:17 p.m. with all seven 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 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 Finance Engels Director of Public Works Rachael Director of Utilities and South Platt Renew Van Ry Page 1 of 13 Docusign Envelope ID: 6C532432-F40A-405B-AF6D-48BFAC8C61AF City Council Regular October 21, 2024 Director of Parks, Recreation, Library and Golf Underhill Director of Information Technology Isenbart Director of Communications Harguth Director of Human Resources Weiske Judge Jefferson, Municipal Court Deputy Director of Business Solutions and Engineering Stone, Utilities Deputy Director of Engineering Hoos, Public Works Deputy Director of Operations an Maintenance Thornton, Public Works Division Chief Read, Police Department Court Administrator Julien, Municipal Court Budget Manager Nolan, Finance Neighborhood Engagement Program Manager Hinkfuss, Communications Planner II Charles, Community Development Program Manager Englund, Administration Department Administrator Fenton, Community Development Administrative Assistant Prado, City Clerk's Office Audio Visual Engineer Hessling, Information Technology Officer Caggiano, Police Department Officer Roberts, Police Department 5. Consideration of Minutes of Previous Session a) Minutes of the Regular City Council Meeting of October 7, 2024. Moved by Council Member Rita Russell Seconded by Council Member Tena Prange APPROVAL OF THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF OCTOBER 7, 2024. AS AMENDED. For Against Abstained Chelsea Nunnenkamp x Rita Russell (Moved By) x Othoniel Sierra x Joe Anderson x Tena Prange (Seconded By) x Kim Wright x Steven Ward x 7 0 0 Motion CARRIED. 6. Recognitions a) The 2024 Neighborhood Improvement Grant Recipients were recognized 7. Appointments, Communications and Proclamations Page 2 of 13 Docusign Envelope ID: 6C532432-F40A-405B-AF6D-48BFAC8C61AF City Council Regular October 21, 2024 There were no Appointments, Communications or Proclamations scheduled. 8. Recognition of Public Comment a) Andrew Forlines, an Englewood resident, addressed Council. b) Leslie Levine was scheduled to speak but wasn't present. c) Brenda Hubka, an Englewood resident, addressed Council. d) Kathleen Bailey, an Englewood resident, address Council. e) Elizabeth, an Ohio resident, addressed Council. The meeting recessed at 7:26 p.m. due to a disruption in Council Chambers. The meeting reconvened at 7:38 p.m. with seven Council Members present. f) Garry Kozacek, an Englewood resident, addressed Council. g) Ivan Erwin, an Englewood resident, addressed Council. h) Regan Benson, a Denver resident, addressed Council. Mayor Sierra responded to Public Comment. Moved by Council Member Joe Anderson Seconded by Council Member Chelsea Nunnenkamp MOTION TO TABLE ITEM 11(c)(i) TO THE NOVEMBER 4, 2024, REGULAR MEETING. 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 7 0 0 Motion CARRIED. 9. Consent Agenda Items Council Member Russell removed Agenda Item 9(a)(i) from Consent Agenda. Moved by Council Member Ward seconded by Council Member Nunnenkamp to Page 3 of 13 Docusign Envelope ID: 6C532432-F40A-405B-AF6D-48BFAC8C61AF City Council Regular October 21, 2024 approve Consent Agenda Items 9(b)(i-vii) and 9(c)(i-ii). a. Approval of Ordinances on First Reading i) CB-42 Intergovernmental Agreement between the City of Englewood and Arapahoe County regarding the Englewood Activity Book. [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 Kim Wright COUNCIL BILL NO. 42, INTRODUCED BY COUNCIL MEMBER RUSSELL A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND ARAPAHOE COUNTY, COLORADO FOR THE ENGLEWOOD ACTIVITY BOOK. For Against Abstained Chelsea Nunnenkamp x Rita Russell (Moved By) x Othoniel Sierra x Joe Anderson x Tena Prange x Kim Wright (Seconded By) x Steven Ward x 7 0 0 Motion CARRIED. b. Approval of Ordinances on Second Reading i) CB-41 Intergovernmental Agreement for the installation of a rain gauge at Duncan Park ORDINANCE NO. 41 SERIES OF 2024 (COUNCIL BILL NO. 41 INTRODUCED BY COUNCIL MEMBER ANDERSON) AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND THE URBAN DRAINAGE AND FLOOD CONTROL DISTRICT D/B/A MILE HIGH FLOOD DISTRICT FOR AN AGREEMENT REGARDING ENGLEWOOD RAIN GAUGE. Page 4 of 13 Docusign Envelope ID: 6C532432-F40A-405B-AF6D-48BFAC8C61AF City Council Regular October 21, 2024 ii) CB-43 2025 Budget Ordinance (City of Englewood 2025 Budget) ORDINANCE NO. 42 SERIES OF 2024 (COUNCIL BILL NO. 43 INTRODUCED BY COUNCIL MEMBER ANDERSON) AN ORDINANCE ADOPTING THE BUDGET FOR THE CITY OF ENGLEWOOD, COLORADO, FOR FISCAL YEAR 2025. iii) CB-44 2025 Budget Ordinance (City of Englewood 2025 Appropriation) ORDINANCE NO. 43 SERIES OF 2024 (COUNCIL BILL NO. 44 INTRODUCED BY COUNCIL MEMBER ANDERSON) AN ORDINANCE APPROPRIATING MONIES FOR ALL MUNICIPAL PURPOSES IN THE CITY OF ENGLEWOOD, COLORADO, FOR FISCAL YEAR BEGINNING JANUARY 1, 2025, AND ENDING DECEMBER 31, 2025, CONSTITUTING WHAT IS TERMED THE ANNUAL APPROPRIATION BILL FOR FISCAL YEAR 2025. iv) CB-47 2025 Budget Ordinance (City of Englewood 2025 Property Tax Mill Levies) ORDINANCE NO. 44 SERIES OF 2024 (COUNCIL BILL NO. 47 INTRODUCED BY COUNCIL MEMBER RUSSELL) 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. v) CB-45 2025 Budget Ordinance (South Platte Renew 2025 Budget) ORDINANCE NO. 45 SERIES OF 2024 (COUNCIL BILL NO. 45 INTRODUCED BY COUNCIL MEMBER ANDERSON) AN ORDINANCE ADOPTING THE BUDGET FOR THE SOUTH PLATTE RENEW FOR FISCAL YEAR 2025. vi) CB-46 2025 Budget Ordinance (South Platte Renew 2025 Appropriation) ORDINANCE NO. 46 SERIES OF 2024 (COUNCIL BILL NO. 46 INTRODUCED BY COUNCIL MEMBER ANDERSON) AN ORDINANCE APPROPRIATING MONIES FOR THE SOUTH PLATTE RENEW PURPOSES IN THE FISCAL YEAR BEGINNING JANUARY 1, 2025, AND ENDING DECEMBER 31, 2025, CONSTITUTING WHAT IS TERMED THE ANNUAL APPROPRIATION BILL FOR FISCAL YEAR 2025. vii) CB-48 Charge Ahead Colorado Intergovernmental Agreement Page 5 of 13 Docusign Envelope ID: 6C532432-F40A-405B-AF6D-48BFAC8C61AF City Council Regular October 21, 2024 ORDINANCE NO. 47 SERIES OF 2024 (COUNCIL BILL NO. 48 INTRODUCED BY COUNCIL MEMBER PRANGE) AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND THE STATE OF COLORADO ENERGY OFFICE FOR THE CHARGE AHEAD COLORADO GRANT. c. Resolutions and Motions i) Motion- Public Building Electrification grant Approval of the Public Building Electrification Grant. ii) Motion- Award of a Contract for Construction for the Allen Water Treatment Plant Electrical Site Improvements Project Approval of a Contract for Construction for the Allen Water Treatment Plant Electrical Site Improvements Project. Moved by Council Member Steven Ward Seconded by Council Member Chelsea Nunnenkamp Motion to approve Consent Agenda Items 9(b)(i-vii) and 9(c)(i-ii). For Against Abstained Chelsea Nunnenkamp (Seconded By) x Rita Russell x Othoniel Sierra x Joe Anderson x Tena Prange x Kim Wright x Steven Ward (Moved By) x 7 0 0 Motion CARRIED. 10. Public Hearing Items a) Public Hearing - Revision of Home Occupation and Natural Medicines Regulations in Title 16, Unified Development Code Moved by Council Member Othoniel Sierra Seconded by Council Member Joe Anderson MOTION TO OPEN THE PUBLIC HEARING FOR THE REVISION OF HOME OCCUPATION AND NATURAL MEDICINES REGULATION IN TITLE 16, Page 6 of 13 Docusign Envelope ID: 6C532432-F40A-405B-AF6D-48BFAC8C61AF City Council Regular October 21, 2024 UNIFIED DEVELOPMENT CODE. For Against Abstained Chelsea Nunnenkamp x Rita Russell x Othoniel Sierra (Moved By) x Joe Anderson (Seconded By) x Tena Prange x Kim Wright x Steven Ward x 7 0 0 Motion CARRIED. All testimony was given under oath. Planning Manager Bryan Isham, and Planner II Will Charles presented information regarding the proposed revision of Home Occupation and Natural Medicines Regulations in Title 16, Unified Development Code. 0 citizens spoke in favor of the proposed revision of Home Occupation and Natural Medicines Regulations in Title 16, Unified Development Code. 1 citizen spoke in opposition to the proposed revision of Home Occupation and Natural Medicines Regulations in Title 16, Unified Development Code. Moved by Council Member Othoniel Sierra Seconded by Council Member Chelsea Nunnenkamp MOTION TO CLOSE THE PUBLIC HEARING FOR THE REVISION OF HOME OCCUPATION AND NATURAL MEDICINES REGULATION IN TITLE 16, UNIFIED DEVELOPMENT CODE. For Against Abstained Chelsea Nunnenkamp (Seconded By) x Rita Russell x Othoniel Sierra (Moved By) x Joe Anderson x Tena Prange x Kim Wright x Steven Ward x 7 0 0 Motion CARRIED. Page 7 of 13 Docusign Envelope ID: 6C532432-F40A-405B-AF6D-48BFAC8C61AF City Council Regular October 21, 2024 The meeting recessed at 9:07 p.m. for a break. The meeting reconvened at 9:12 p.m. with all seven Council Members present. 11. Ordinances, Resolutions and Motions a. Approval of Ordinances on First Reading i) CB-49 Dry Gulch Intergovernmental Agreement Second Amendment Moved by Council Member Joe Anderson Seconded by Council Member Tena Prange COUNCIL BILL NO. 49, INTRODUCED BY COUNCIL MEMBER ANDERSON A BILL FOR AN ORDINANCE APPROVING A SECOND AMENDMENT TO AN INTERGOVERNMENTAL AGREEMENT (IGA) REGARDING THE FINAL DESIGN, RIGHT-OF-WAY ACQUISITION, AND CONSTRUCTION OF DRAINAGE AND FLOOD CONTROL IMPROVEMENTS FOR DRY GULCH FROM YALE AVENUE TO UNIVERSITY BOULEVARD BETWEEN THE URBAN DRAINAGE AND FLOOD CONTROL DISTRICT AND THE CITY OF ENGLEWOOD. 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 7 0 0 Motion CARRIED. ii) CB-50 Proposed rate increase for the Stormwater Utility Fund Moved by Council Member Joe Anderson Seconded by Council Member Chelsea Nunnenkamp COUNCIL BILL NO. 50, 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. Page 8 of 13 Docusign Envelope ID: 6C532432-F40A-405B-AF6D-48BFAC8C61AF City Council Regular October 21, 2024 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 5 2 0 Motion CARRIED. iii) CB-52 South Englewood Basin Intergovernmental Agreement Third Amendment. Moved by Council Member Tena Prange Seconded by Council Member Chelsea Nunnenkamp COUNCIL BILL NO. 52, INTRODUCED BY COUNCIL MEMBER PRANGE A BILL FOR ORDINANCE APPROVING A THIRD AMENDMENT TO AN INTERGOVERNMENTAL AGREEMENT (IGA) REGARDING FINAL DESIGN, RIGHT-OF-WAY ACQUISITION, AND CONSTRUCTION OF DRAINAGE AND FLOOD CONTROL IMPROVEMENTS FOR SOUTH ENGLEWOOD BASIN BETWEEN THE URBAN DRAINAGE AND FLOOD CONTROL DISTRICT AND THE CITY OF ENGLEWOOD. 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) CB-53 Amending Englewood Municipal Code to refine customer–side interior inspections under the Lead Reduction Program Moved by Council Member Rita Russell Seconded by Council Member Steven Ward Page 9 of 13 Docusign Envelope ID: 6C532432-F40A-405B-AF6D-48BFAC8C61AF City Council Regular October 21, 2024 COUNCIL BILL NO. 53, INTRODUCED BY COUNCIL MEMBER RUSSELL A BILL FOR AN ORDINANCE AMENDING ENGLEWOOD MUNICIPAL CODE SECTION 12-1A-11 REGARDING ACCESS TO PREMISES FOR LEAD SERVICE LINE REPLACEMENT AND WATER METER INSTALLATION. For Against Abstained Chelsea Nunnenkamp x Rita Russell (Moved By) x Othoniel Sierra x Joe Anderson x Tena Prange x Kim Wright x Steven Ward (Seconded By) x 7 0 0 Motion CARRIED. v) CB-54 Amending Englewood Municipal Code to allow water and sewer service lines to cross adjacent properties Moved by Council Member Joe Anderson Seconded by Council Member Chelsea Nunnenkamp COUNCIL BILL NO. 54, INTRODUCED BY COUNCIL MEMBER ANDERSON A BILL FOR AN ORDINANCE AMENDING ENGLEWOOD MUNICIPAL CODE SECTIONS 12-1B-9 AND 12-2-4 TO ALLOW FOR SERVICE CONNECTIONS TO CROSS ADJOINING PROPERTIES TO ENSURE WATER AND SEWER SERVICE TO NEW SUBDIVISIONS PERMITTED FOLLOWING THE ADOPTION OF CODE NEXT. 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 5 2 0 Motion CARRIED. Page 10 of 13 Docusign Envelope ID: 6C532432-F40A-405B-AF6D-48BFAC8C61AF City Council Regular October 21, 2024 vi) CB-55 Amending Englewood Municipal Code to refine the ownership of the water service line Moved by Council Member Rita Russell Seconded by Council Member Chelsea Nunnenkamp COUNCIL BILL NO. 55, INTRODUCED BY COUNCIL MEMBER RUSSELL A BILL FOR AN ORDINANCE AMENDING ENGLEWOOD MUNICIPAL CODE SECTIONS 12-1-1-, 12-1-4, 12-1B-7, and 12-1B-8 TO ELIMINATE THE REQUIREMENT FOR CURB STOPS FOR RESIDENTIAL CUSTOMERS WHERE A WATER METER WITH A SHUT-OFF VALVE IS INSTALLED. For Against Abstained Chelsea Nunnenkamp (Seconded By) x Rita Russell (Moved By) x Othoniel Sierra x Joe Anderson x Tena Prange x Kim Wright x Steven Ward x 7 0 0 Motion CARRIED. vii) CB-56 Amending City's right of way code, adopting fees and penalties Moved by Council Member Steven Ward Seconded by Council Member Tena Prange COUNCIL BILL NO. 56, INTRODUCED BY COUNCIL MEMBER WARD A BILL FOR AN ORDINANCE AMENDING ENGLEWOOD MUNICIPAL CODE TITLE 11, CHAPTER 7, CITY RIGHT-OF-WAY, AND ESTABLISHING FEES AND PENALTIES REGARDING USE OF THE CITY’S RIGHT-OF-WAY. For Against Abstained Chelsea Nunnenkamp x Rita Russell x Othoniel Sierra x Joe Anderson x Tena Prange (Seconded By) x Kim Wright x Page 11 of 13 Docusign Envelope ID: 6C532432-F40A-405B-AF6D-48BFAC8C61AF City Council Regular October 21, 2024 Steven Ward (Moved By) x 7 0 0 Motion CARRIED. b. Approval of Ordinances on Second 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 Council Bill No. 17 until 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 7 0 0 Motion CARRIED. ii) CB-23 Creation of a Hookah business license Moved by Council Member Chelsea Nunnenkamp Seconded by Council Member Kim Wright Motion to table Council Bill No. 23 until November 4, 2024, Regular Meeting. For Against Abstained Chelsea Nunnenkamp (Moved By) x Rita Russell x Othoniel Sierra x Joe Anderson x Tena Prange x Kim Wright (Seconded By) x Steven Ward x 7 0 0 Page 12 of 13 Docusign Envelope ID: 6C532432-F40A-405B-AF6D-48BFAC8C61AF City Council Regular October 21, 2024 Motion CARRIED. c. Resolutions and Motions i) Resolution - Standard Authorization for Future PFAS Settlements 11(c)(i) WAS TABLED TO THE NOVEMBER 4, 2024, REGULAR MEETING. 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 10:59 p.m Senior Deputy City Clerk Page 13 of 13 Docusign Envelope ID: 6C532432-F40A-405B-AF6D-48BFAC8C61AF