City of Englewood, Colorado City Council Regular Meetings, 7 Nov 2022

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From YouTube: City Council Regular - 07 Nov 2022

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Agenda HTML: https://englewoodgov.civicweb.net/filepro/documents/149427?handle=1444996B84E2436F9CEB6511767F199B
Agenda PDF: https://englewoodgov.civicweb.net/filepro/documents/149426?handle=C13DC8FAC4244C74AA1962025BD50767

1 Study Session Topic

Director of Finance Jackie Loh will be present to review the Monthly Financial Report. 6:00pm to 6:15pm Information Presentation: 10 minutes Discussion: 5 minutes

Director of Community Development Brad Power and Planning Manager Bryan Isham will be present to give an update on CodeNext technical provision within Title 16. 6:15pm to 7:05pm Information and Direct...

2 Call to Order

3 Pledge of Allegiance

4 Roll Call

5 Consideration of Minutes of Previous Session

a) Minutes of the Regular City Council Meeting of October 17, 2022.

6 Appointments, Communications, Proclamations, and Recognition

a) Recognition of Code Enforcement for National Awards.

7 Recognition of Scheduled Public Comment

Kelly McCloskey will address Council regarding Englewood Police, Victims Advocate.

PJ Kolnik will address Council regarding Code Next.

Marcia McGilley will address Council regarding IGA (economic development partnership) with the Aurora-South Metro Small Business Development Center.

8 Recognition of Unscheduled Public Comment

9 Consent Agenda Items

a) Approval of Ordinances on First Reading

CB 71 - Approval of 3-year IGA with the Aurora-South Metro Small Business Development Center

CB 68 - Repealing the Shoplifting and Price Switching Ordinances from Offenses Code

b) Approval of Ordinances on Second Reading.

i) CB 62 - Amending the Englewood Municipal Code regarding Definition of Pawnbroker

ii) CB 65 - Amending the Englewood Municipal Code regarding Trees and Shrubs.

iii) CB 66 - IGA for Pedestrian Improvements at the Malley Senior Recreation Center.

c) Resolutions and Motions

Resolution adopting the Economic Development Strategic Plan

10 Public Hearing Items

11 Ordinances, Resolutions and Motions

a) Approval of Ordinances on First Reading

CB 39 - Amending Englewood Municipal Code regarding animal impoundment.

CB 69 - Amending Englewood Municipal Code establishing standard provisions for City contracts

CB 67 - Amending Englewood Municipal Code to Increase the Waste Transfer Surcharge from $.50 per cubic yard to $.63 per cubic yard

b) Approval of Ordinances on Second Reading

c) Resolutions and Motions

2023 Fees and Rates Schedule

12 General Discussion

a) Mayor's Choice

Executive Session for personnel matters under C.R.S. Section 24-6-402(4)(f)(1) regarding review of the City Manager and City Attorney salaries.

b) Council Members' Choice

13 City Manager’s Report

14 Adjournment

Agenda HTML: https://englewoodgov.civicweb.net/filepro/documents/149427?handle=1444996B84E2436F9CEB6511767F199B
Agenda PDF: https://englewoodgov.civicweb.net/filepro/documents/149426?handle=C13DC8FAC4244C74AA1962025BD50767

A

Welcome are we ready to go? It's McKinnon I, don't see it on air we're good there we go uh good evening. Everyone welcome to tonight's city council, regular meeting for Monday November 7 2022. We have two agenda or two study session items for tonight. First up is Director of Finance Jackie Lowe here to present the monthly financial report, for is it October September yeah good evening, director Lowe.

B

Good evening, mayor and Council I'm going to review the September financial review.

B

The 2022 September General Farm financials by Revenue expenditure, the September financials, are also representing the quarter hand. Financial results.

B

Through September 2022, the city general fund receipts total 46.9 million Revenue, which is 82.8 percent of budgeted revenue or 4.7 million higher than the same time last year. The upbringing Revenue here today is tracking 11.2 percent higher than the same time. Last year, the property taxes the city has met is budgetary goal of approximately 5.2 million. The sales use tax, remittance total 29 million are 82.9 percent of physical budgeted Revenue, which is also 3.96, combined the marijuana million higher than the same time last year or 16.3 percent higher than 2021..

B

The next major line item is licensed and permit the license and permits revenue is 78600.

B

Then, in 2022, due to a one-time building permit that was issued in 2022, the revenue budget was increased by one point time: 1.2 million in budget supplemental number: two. We receive information from the community development at the end of September. We still have three projects under review that may be issued by the end of the year. So if we complete the review for these three major projects, we will receive additional 300 000. If not, the 300 000 will be recorded in 2023. That's a timing. Difference.

B

The next line items intergovernmental Revenue. This line item was decreased by approximately 201 000, because last year received a one-time large amount from the highway user tax, and this year we have not received that for American Rescue plan act, arpa funding we receive awarded 8.7 million and receive the entire 8.7 million this year. Half last year, half this year and Council previously has agreed to designate 404 thousand for different projects such as fifty thousand for committed for Workforce training. Thirty thousand for vaccines and 324 000 for homelessness and investment earnings are negative.

B

We have it law, unrealized again losses by 429 000. You can see this table in your packet list. The interest earned on realized against losses and net invest earnings from 2019 to September 2022. So you can see what does the 429 000 negative amount consist of.

B

Please note the total revenues exclude one-time large amount, such as the sale of a fire, training academy and health insurance savings. Most importantly, is 1.1 million for the football stadium refund or the sale of the proceeds. They're all excluded from this presentation.

B

This is sales U tax revenue, the top 11 Revenue sources by age categories you can see comparing to the same time. Last year we exceeded in each category.

B

This is not a way to present sales. You tax revenues from 2019-2022, you can see again. 2022 exceeds the same time in the past three years.

B

This is a cumulative change in sales use tasks collected. So this is not a sales use tax assessed, but cash collected you can see. In the past four years we have increased the collection by 8.1 million.

B

This is a year-to-date sales. You task collection by area you can see. There are three columns. Year-To-Day new businesses opened closed and the net uh area sevens contains the businesses open or closed that are outside the city, limits that include the market, facilitators, which are the remote sales sellers.

B

This is another way to show the year-to-date sales use tax collection by different areas. Then you can see the year-to-date refunds in September 2021. We have refunded taxes, approximately 167 000 at the same time, each this year's a hundred six thousand and let's take a look at operating expenditures.

B

We present operating expenditures by each department. Again, we subtract one-time large expenditures from this presentation. Most of the variances are due to salaries and also we subtract one-time cop Debt Service 1.4 million from the presentation, but we pay off the entire cop 2.8 million by June 2022.

B

This is another way to present expenditures by CAD major categories by Personnel, Commodities, contractual Services capital and debt Services. The Personnel line Compares same time last year increased by 1.6 million. There are three components: one is for all the employee groups. We had a salary adjustment, 3.5 percent as the beginning of this year. This number actually also includes some of the mid-year salary adjustments and promotions. Also, you may recall we signed agreements with the eea group and eppa group. We adjust these employees salary by 3.5 percent as early as August 1st.

B

So that's a reason for the major variances in the Personnel line items the contractual services. This category include items such as fire, Emergency, Services contract software maintenance, Insurance costs. The two departments have most contractual Services, variances, RIT and Public Works. Due to timing, you can see commodity expenditure. Category include items such as fuel chemicals, Building Supplies. They are all increased significantly due to inflations.

B

You can see operating Surplus at the end of September 2022, 4.8 million the same time last year, 2.8 million again this excludes one time. This is the slide to show the general fund transfer in and out. We transfer 134 000 for Capital Improvement and will also transfer 396 000 for capital projects and the edda's loan 150 percent 150 000.. This is a the phone composition. I want to spend a little more time to explain the details, actual balances at the end of September net, changing from balance, 4.5 million that include one-time revenues and expenditures.

B

Then, at the end of September, our total fund balance is it's 21.6 million of that 1.8 million restrict front table. I want to explain our fund balance can be restricted by funders or are committed by Council funders. Usually re restrict the funding for either by Purpose By time or by both like Tabor is a law. We have to Alex Reserve three percent revenue for emergency, but we have to pay back anything we withdraw within 12 months.

B

It's very like a consumer correct line of a credit for later committee, uh Council committed 95 000 from a long-term sale of a long-term assets. Then our arpa funding, Rick student for projects like I mentioned 404 000, reached for different purposes.

B

The federal registered the money for certain categories Council gave us directive to commit the funding for certain projects, so in the and we have to spend down the money by 2026. in the future. If the city needs to tap into arpa, we need to access the funding through budget supplemental budget process to transfer money from the fund balance to the revenue. But it's not the same case for a stadium, District refund the sale of Denver Bronco. You can see we, the fund is restricted the funding for youth activities program, but there's no time limitation.

B

So last year with allocated, 606 thousand dollars to fund 2023 budgets and Council has approved the use of funding through the budget approval process so 2026. When we need to access the money, we don't need a budget supplemental because that has already been included in the 2023 budget process. So even you can see there's so many detail in the phone composition, but the used approval process. The timing restriction are all different.

B

So at the end of September we still have unassigned fund balance. Approximately 8.2 million.

B

I want to give council member a economic update at the end of September. You probably all know the fatty increase the interest by 75 basis of points last month, so the current interest rate is between 3.75 percent to 4 percent. He will won't be surprised that the Fatima increased the interest rate Again by probably 50 basis points in December. So by the end of the year our interest rate may exceed four percent. So this is the current economic situation and also the tenure.

B

The Comfort webcast hosted by gfoa I learned a term I learned from other municipalities about their sales in sales, use, tax situation and I learned a term. It's called covid-19 surprise a lot of municipalities. They have increased sales use taxes. Some sectors hit hard like if the municipalities focus on tourism, Hospitality travel, their sales tax are impacted negatively, but some other sectors expect it to be impacted, but actually saw increases due to remote sales delivery Commodities.

B

So it's very interesting. A lot of municipalities see a sales tax increase through covet before I conclude the the presentation. I want to take a quick Poll for per Council request. A Current financial presentation excuse one-time Revenue expenditure for 2021 2022 to compare the operating results between two fiscal years. We can understand. We want to take out any extra ordinary activities to see where our operations land, but this will create some challenges because subtracting one-time transaction from a comparative financial report May skew the various analysis between actual budgets.

B

For example, cop we have two payment, 2.8 million, but if we subtract one time the actual initial 1.4 that will make our 2022 look better compared to the budget. So here's a solution for 2023 for you to consider what?

B

If we don't subtract one time from our standard financial report from the revenue expenditure and revenue expenditure line, which is a prepared one, one page reconciliation, for example: 2022 2021 September, our health insurance savings, Revenue line expenditure line will subtract all the one-time sales, including the sales from the stadium, also subtract, all the one time from pension contribution credits and a debt service at early payoff of cop. Then you can see Revenue expenditure. The net impact for 2022 is 208 000 for 2021. We don't. We didn't have as many one-time transaction.

B

Would this be better if we change the 2023 Financial presentation, so we don't have solve one problem but create another confusion when we compare the actual to budget? What do you consider to make this change for 2023.

A

Thank you, director, Lowe any comments from Council mayor Putin.

C

Yeah just to answer your question briefly, director I think the purpose of backing out those one-time things from my perspective was to understand how we're actually changing from year to year. So have we made a major expansion of ongoing expenses?

C

Have we seen a large organic expansion or contraction of Revenue when we push one-time expenditures and revenues into the stream where they fit from an accounting perspective from a policy perspective, it makes it difficult to follow the consequences of our actions year to year, and so that's why I I would prefer to see them taken out on a regular basis, even though that doesn't necessarily comply with the way an accountant would do it. It makes it easier for me to see the trends going forward.

B

Okay, thank you.

A

Thank you, mayor Pro, Tem, director, Lowe, I, guess, I have a question: where would you put those one-time revenues I'm looking at the chart of the operating revenues.

D

B

Mean this is yes,.

A

Where would those go.

B

um Health insurance saving will probably there is.

B

A current of fire Chinese miscellaneous line item health insurance savings, probably miscellaneous as well the football we would have recorded, probably under Parks and Rec. The death service is just a debt service line. So a lot of the currently miscellaneous or Dexter.

A

So you would add it into the existing buckets profit centers cost centers, whatever you want to call them correct, so the way that I was kind of thinking about it. If we go back to one of the very first slides that just shows the sales that use tax sales tax marijuana that kind of stuff that yeah, if we I, was wondering if you were going to have them down below total revenues, where you showed just one-time revenues below what we currently see now but you're saying no.

B

We could it just will be very busy like we have a three line.

A

Thank you, director, Lowe, uh remember, Noonan, Camp,.

E

E

Thank you and I appreciate you bringing it to us. I agree with the mayor, Pro tem, that, for us the longitudinal data is really helpful, so we can see year over year and I also understand that that's what you're trying to solve for in a different way.

E

Could we keep this general fund operating Revenue sheet the way it is, but then add an additional reconciliation sheet similar to what you have in the deck that just shows us what you've done here to pull out. This is what our totals are. This is what we actually have with the one-time revenue, and then this is what we have without it is that I know that's an extra step for you and I'm hesitant to create more work. Is that workable? That.

B

Was fine? We can just include that uh recommended a page, probably just Inc out of that page to the current presentation, because why not? Why another reason we make the recommendation is you can see the operating Surplus, the 4.8 million? This does not include one time this uh subtract one time, but when you see the composition of 4.5, that include one time, so you are comparing different things throughout the whole presentation. So that's another reason you always remember. Oh, this does not influence. uh Oh, this include one time which way will be easier.

A

Thank you, director, Lowe member Anderson,.

F

I actually, like your suggestion, um because I think as long as it's accompanied with an explanation, you know as long as we can understand why the variances are there, um I think that works really well. This is something that I've noticed at the Inglewood Housing Authority meetings is when they go over the financial reports.

F

He says this is out of line with the previous year or with budget, and it's because of this, and if we took that you know just as long as those big variances gets, get get get the explanation that that kind of satisfies then I think I would rather see all the money included and the comparison to the budget be more accurate. Personally,.

G

Thank you, member Anderson, remember Russell,.

H

Thank you um and question.

H

For the mayor, Pro tem, um so in taking out the one-time expenses, are we trying to track how much we actually can afford to pay for, instead of when it's, when the one-time things come in we're funding things from that I, don't know that I explained it real well, but do you understand what I'm trying to ask yeah.

C

I get it from my perspective. It's it's more of a. It makes it a lot easier to track operationally what the trends are. uh You know the revenue we get from sales and use taxes, ongoing Revenue, uh that's easy to track property tax same thing, but like the stadium money, it could confuse things. Arpa money could confuse things if it's recorded in with the general fund. It looks like we made 10 million dollars less this year than we did last year because of the way the arpa revenue came in or the timing of it.

C

So, uh from my perspective, it's a lot easier to analyze, Trends and to see how government is growing, how revenue is growing or Contracting on an ongoing basis. If we exclude those one-time, Revenue sources, it becomes confusing when we're combining the streams, because it's it's much more difficult to track the the stream over time.

H

Okay, thank you so I I do agree with that, but I, um but I also know that we have to reconcile everything too.

B

Oh, that's why we wonder if that will be a little bit easier? That's why we had an internal conversation. What's the definition of one time, for example, the 1.2 million plan review fees at a one time. No in our definition, because that's our Core Business, we we charge, um we charge the plan review, permit fees and these are as a result of our non-core services or actual ordinary activities. But it might, we may not have a lot of one time those extraordinary activities just like 2021, but I just want to bring this to your consideration.

B

You don't want to fix one you're confusing other area, but this is an internal report for Council make decision. So we record everything according to a gap, but the presentation we can change for you to make effective decisions.

H

um I appreciate that and I also appreciate the definitions of what a one-time thing is, uh because you know that fits in with what the mayor Pro tem said too, when when we have more um use tax reports because there's more projects, that's part of things that we need. That's not a one-time thing just like you said so. I appreciate that remember. Woodward.

G

I

You um I'm in agreement with Joe, mainly I, think that I would like to see this Edition to the to it. If, if we're making those changes,.

D

I

If I wouldn't object to go in the way the mayor Pro tem wants to do it too I feel confident that we could do it either way.

A

Thank you. Thank you, remember, Woodward, not sure if we provided Clarity there um director, but I I kind of side with mayor brutam and member Noonan, Camp I, guess in a sense um but I understand where member Anderson is coming from as well, because if any member of the public were to try to go through there and line up those numbers once they get through the general fund, like you, like you mentioned that those two slides they wouldn't be able to reconcile that so I, but I, but I'm using this data.

A

The same way that mayor portime is using it so I would prefer to maybe add it as a as a separate graph within the presentation itself.

G

B

B

Like this subtract, each line item from each page, one time large transaction from each line item, but we still can include this one page reconciliation. So we can double check the numbers okay, so we will not make these changes for 2022 by starting January 2023. We will change at a one's life into our presentation.

A

Anything else director low, no right here anything else for oh go ahead. Mayor pretend.

C

Do you have one question and this may be a council request and it's related to the area, five sales tax numbers? uh If you can go to that slide area, five is in District Four, uh and this is the federal and Bellevue area. uh This result is a little concerning to me. I just did some napkin math on the revenue loss in area. Five and I was looking at the the bar graph. That shows that's specific to area five uh director, though I think it's maybe prior.

J

C

C

Yes, uh yeah here uh this decline in sales tax revenue. If, if my math is correct at a three and a half percent sales taxes, a loss of something along the lines of 4.5 million dollars in transactions in in that specific area, uh it shows the business loss uh chart shows that we lost a net of seven businesses. But uh 15 businesses closed uh with eight new ones, opening I'm wondering if we can get some more data on uh exactly what is occurring in area.

C

Five I'd I'd potentially like to visit that area myself and find out. If there's something of concern going on um that, we can address to try either try to stimulate the growth in that area or perhaps fix a problem that has caused the loss of those businesses. In that.

D

K

L

Director Lowe I've got that registered and we'll have Economic Development work on that.

B

A

You any other questions from Council CNN director load. Thank you very much for that presentation. Up next we're talking code next chapters, one and two specifically, we have um director of Community Development, Brad power and planning manager, uh Brian Isom, here to speak to code next good evening, Mr Isom, good.

M

Evening, mayor and Council um we're here to present the first of four study sessions on code. Next, um our consultant has broken it up into four different topics. Today's topic is the general Provisions or the technical Provisions, which consist of chapter one General Provisions in chapter two procedures, our staff and our consultant have been meeting with our UTC steering committee as well as our technical advisory committee.

M

That's made up of Staff members that routinely used the development code um over the last few weeks and months and we've started to get to actual draft language of the code which we've got presented to you all tonight. So I will send it over to Chris Brewster our consultant with multi-studios, and let him go through his presentation and then we'll be able to answer any questions for you.

N

Thank you Brian good evening, mayor and Council. um Thank you for having me um last time we talked was August. We gave you uh an update of where we were going and we were getting ready to to engage our technical committee and the steering committee as Brian just mentioned. um I guess before I get started. I have a question, should I be running the presentation for Mayan Brian, or is it going to come up on screen there? We go okay, great! Thank you.

N

um The next slide shows our overall schedule, and so we are proceeding at a a fairly rapid Pace, as you can see, we're we're coming down to the end there in in November, where we're talking about recommended drafts and getting to a final draft, and so our plan is to hit that Target where, by end of December based on feedback, we should we, as the consultant team, should have a good idea of where that final draft needs to Land Based on your issues and concerns.

N

um That being said, we are prepared to slow down as much as we need that will only get us to a code. We think is ready for adoption and from that point we will try to map out an adoption path or strategy for you all to meet your comfort level with some of the ideas or, if there's things that are concerns, we will take a look back at some of those topics and and revisit them.

N

I think we've talked about a strategy where some things might need further discussion even than that, and they wouldn't go forward for adoption at this point. But this is just the beginning of introducing those ideas to you so over the next couple of months we can learn where those those issues and points are so um in our mind, we're proceeding ahead of schedule, but there's still a lot of work and discussion to be done, and we understand that and we're prepared to get you all the information you need uh next slide please.

N

uh So this is where we left off in August of uh or yeah August 22nd with you all at the last work session, we were, we were in the process of engaging uh the Committees on these four topic areas that are sort of groupings of the code and Main topics that we've we got from the public engagement um over the spring and early summer months, and the next slide shows what that means for, for you all. So that starts to map out to the chapters of the development code.

N

Under our framework that that Brian mentioned chapters one and two tonight, you can see the other chapters coming at subsequent meetings. One of the things about this slide. It doesn't necessarily follow a linear way of the way we address them with the committee, because the December 5th topic, for you all- is housing and neighborhood design and one of the reasons we're flip-flopping those from from the way the Committees address them is.

N

um We are beginning to coordinate a lot of those recommendations with the housing study that root policy is, is doing with you all that you even having work sessions on as well and we've been meeting with root and their team periodically to begin to coordinate chapter five on the housing and we're actually prepared to talk to our our steering committee tomorrow night on on a lot of those topics. So that's why that topic is flip-flopping and not coming linearly for you all uh next slide, please.

N

This is a view of the the overall framework we landed on early on in the project when we were first figuring out how the code next project should reorganize your current development standards and there's really not that much. That's changing in terms of the overall structure of the code, there's a few things that we think are better organized in different places. But this was the structure we landed on fairly early in the process, and the next slide shows how that ties with some of these.

N

These four main topics so again tonight is chapters one and two to be honest, with the a fairly boring and routine things, but also very important. So we want to make sure we get your any any questions you may have on on these. These topics, as essentially this is the operating system of the code.

N

It's going to make all the other things work and we hope work better for you all as decision making tool, but these were again talked with the steering committee and Technical Committee in in July and August, and what's in your pocket, is the the response to some of those comments. Next slide.

N

So coming out of the the steering committee and Technical committee discussions, we had a few key themes that we wanted to address or were in the process of addressing with that draft. The first was mainly from from the staff and Technical committee level. Is we needed to try to clarify a lot of the pre-application procedures?

N

There were a lot of things in the the code that were codified, that didn't need to be, and there were things that were um putting in in Step post decision processes that we're trying almost to do too much things that we're staff normally did routinely and the code would how to have a very long, complicated section.

N

um Many many of the committee members thought well, that's not necessary to codify some of those things. So um cleaning up a lot of those administrative procedures was a lot of the the response we got from the technical committee.

N

um Overall, we wanted to um there's there's things in the code that were um not necessary annexation um amending the comprehensive plan. We view it as you. You have those uh procedures and Authority by Statute, so it didn't make sense to codify those in the development code also, some of them like annexation, you're not going to encounter very often so for your community. It's not necessarily A, really important part of the development process, and so to the extent you do ever encounter it you, you always have to follow statutory procedures anyway.

N

So the thought was to remove that and make the procedures truly development applications and not some of these larger planning and policy issues in the development code.

N

The other thing we wanted to do was distinguish better with how decisions were made so a little more clarity on which applications were administrative, going just to staff or staff and Planning Commission review and which ones Elevate all the way up to you all as the legislative group. So hopefully, some of the tables clarify that you have a current Table in your code that I'm going to talk to in a moment and I'll, explain the differences between that um and then overall just aligning things with the the recent policy decisions of your plan.

N

So that was a lot of the charge coming out of both committees for these technical Provisions uh next slide uh so for chapter, one um I should back up also a minute. We one of the things we are trying to do is to provide um people reviewing the code, including uh Planning, Commission and Council um as much information as they want and as little as they need. So one of the documents we've provided is the section map it's a little bit of a inside. Look at some of our internal notes.

N

So some of the comments are written and, and maybe a little bit of shorthand. But what we're trying to do is to lead you to from um the sections of the new code where those same or similar Provisions could have been found in the current code and what changes we've made so um that section map is, is the intermediate level of information.

N

If you want to dive further, one of my recommendations would be to to peruse that and and see, if there's any issues that are really important to you or any of the comments that raise questions or concerns that can help. You look a little bit further, but we understand that that that tool doesn't necessarily answer all your questions. We use it mainly as a check on ourselves to make sure we're not losing things from your current code that are important and also to point to when we are adding things into the code that are different.

N

We want to make sure that's very clear as well. So um all of these drafts will be coming to you in in that format, a an overall summary, the section maps are sort of the bridge of the internal notes and then, if you do choose to review the the entire code and and go through it, we want you to be able to do that as well.

N

um So with that some of the key changes in in one again, this is um a fairly Technical and administrative chapter. It's it's all of the legal prerequisites and- and things like that that are in the code, so there wasn't very many big changes other than trying to organize and clarify some language.

N

um We did um update the purpose sections to be more relevant to the to the Inglewood forward comprehensive plan that was done in 2016 and some of the other sub plans for that um some some minor changes there, um but with that we are very much trying to set up a hierarchy of guiding language in this code. One of the things we hear on every code project and we certainly heard it from stakeholders- and this one was: we want flexibility.

N

We want to be able to to not be so rigid in our development code that we can't entertain uh interesting things, new things, things that don't meet the letter of the law or things that are not anticipated. So flexibility in the code is one thing we always hear our way of doing. That is.

N

We want to be very clear of what some of the standards are trying to achieve, so we're doing that with a hierarchy of this guiding language, the purposes being broad city-wide policies tie into your comprehensive plan intent when we get to other sections. Chapters at zoning districts will have an intent. What are we trying to achieve in this zoning? District landscape standards will have an intent. What are we trying to achieve with landscape standards and then, when we get down to the actual substantive standards themselves, we'll have design objectives? What what's the?

N

What are the outcomes or physical results that we want? So we can continually gauge whether the code is working against those and then, if there is an appeal or some type of relief or some flexibility, that those elements do guide the decisions and I'll speak for a little bit a little bit later in in this presentation. To emphasize that point again, uh one of the other, the bigger changes I, do want to point out that that does land in chapter one is the non-conforming section.

N

um Three main changes there. One of the things you have in your current code is that all non-conforming Lots need to go to the Planning Commission to be uh certified before they can be built um I. We we talk with staff on on some of the different reasons for that and what we, as the consultant team, are landing on is, is that's, probably not necessary.

N

um Essentially, what we're saying is that if a lot was legally created and doesn't conform to the zoning ordinance, that means a change happens somewhere down the line, and so there, by by law and by practicality, they're, always you're always eligible to build on those types of properties, and so our thought is.

N

We don't need to send someone through a process to get that approved um that that, if they are able to demonstrate on you know, they have the burden of proof of showing that that lot was legally created and then that lock can be used subject to all the the other development standards. So it might have some constraints on it if it's not meeting the standards for whatever reason, but there wouldn't necessarily be a process to um approve that lot, since it's already been legally created from what we learned when discussions with staff.

N

Is that stemmed from some of the the concerns on building on the existing, smaller lots and so since, under the housing issues that will be coming before you in December we're recommending going back to allowing some of the smaller Lots anyway? Some of those lots may not necessarily be non-conforming anymore, and so it made sense to at least treat that, as you would any other non-conforming situation and not require a process.

N

uh Another change that we are recommending and this one comes out of um some of the input in the public engagement and some of the discussions with the steering committee was the idea of offering some limited expansions of of non-conforming situations.

N

um You already had two in your current code right now, and so those are captured in that in that section, and the section map identifies those and those were for expanding existing buildings that didn't conform to setbacks. You had a limited expansion where you can build a certain distance along that already established setback line, or you can do that to conform with other setback patterns in in the area.

N

So that's in your code right now, so the third one we suggested adding was to allow limited expansions of non-conforming buildings if there, if what they could otherwise build under the district standards, could possibly be of a lesser impact. So this is a situation where we are aware of some multi-unit buildings that are legally non-conforming, that are rather small and neighborhood friendly and and could use some reinvestment. But to do that then they're, a non-conforming building a lot they're not able to expand, because your code is suggesting to that.

N

You should get rid of those over time, um based on the idea of allowing some limited expansions and based on the idea that there's some flexibility in this code, one of the the things that was discussed was well. If that expansion is a lesser impact than what would otherwise be built according to the code, why wouldn't we let it continue if it can be something? That's that's of a lesser impact, so um that particular section. If you're concerned about that issue, you can you can pay attention to that.

N

The section that's noted there in the draft and then in response to that, we put some additional criteria on those limited expansions of non-conformities um in general. um The last one related to that is. The current um current process requires you to register non-conformings or certify them, um so we're recommending that that not be the case. Most cases it's more on a ad hoc or as encountered basis. It's not um sort of that use it or lose.

N

It situation that anytime, an applicant realizes that their lot or building is non-conforming for some reason um and and they can prove that it was legally created before it became non-conforming. They should be entitled to these, rather than forcing them to have to certify before a certain time before they were allowed to use that oh I I.

N

Please stop me at any time, but I guess I will continue through chapter two as well again, it's it's not a very long presentation and then um see if there's any comments or questions from you unless unless anyone stops me in the interim, so um the next slide has some of the highlights of chapter two.

N

So um here one of the the biggest change is trying to reorganize and simplify a lot of your procedures. It's pretty evident and it's and it's actually quite normal- that over time, different things get added and the procedures begin to come a little um disjointed and and there's things that are in there and duplicate. There's things that apply to all procedures that are repeated over and over and the code becomes less user friendly, so believe it or not.

N

um The current procedure or the draft procedures that in your packet are attempt to be a little more user friendly. One of the ways of doing that is to take all of the things that are common to all procedures or or all the things that any one procedure could possibly have. Pre-Application steps notice requirements. What type of meeting?

N

How are decisions made to put that all in one section so that you don't have to repeat it over and over for each each procedure and then use the procedures table to activate which elements of that procedure apply to which specific application so an easy way to think of that? Are the notice requirements? You have text and regulations for whether it's published notice, mailed notice or posted notice and those repeat for every application, so we put them in there once and then on the in the table and in the application procedures themselves.

N

We explain whether each application requires posted notice or mailed notice. So that's one overarching organizational change that we're trying to to implement. You had that to some extent, but it was just coming over time. You could see it was becoming less and less clear.

N

um The second bigger change was um to now for each of the different applications. We wanted those to follow a fairly common pattern, so you'll see in each of those that there's there most of them follow the same four subsections applicability. When does the application apply?

N

What types of activity makes this particular application um applicable, which, when do I, have to submit an application under that, so things like um you know, if you're planning property, if you're changing boundaries, you're going to have to plot, if you're changing easements, there will be some type of plotting document. If you're building a new building, we need a a site, Improvement plan. If you're changing your use, you may or may not need a zone change application, and so those um the applicability statements are are the first thing. The second is the criteria.

N

How will that decision be viewed, so each each of them has an anywhere from four or five to seven or eight things that are trying to set the expectation for both the applicants and for you all, as decision makers of what types of topics you should be looking at, whether this application meets the standards or not, then some specific procedures unique to that application and then, lastly, the effective decision once the decision is rendered, am I able to go right to permits. Do I have another step.

N

What's my appeal process, if I don't like the application result, so those all the applications that follow that, but they might that each of the individual sections might be unique to each application.

N

One of the other related to that one of the other changes we did do is there, as I mentioned in the overall input from the technical committee and steering committee.

N

There were a lot of things in there that were more administrative, um so you had several different permit applications, all of which were just staff review applications and they were in the code, and so we tried to consolidate those wherever we could so that there weren't um just a a large number of things that were more routine and but didn't necessarily trigger a public process that were more getting your application to permit, and so we think we've streamlined those to make the code a little bit user friendly, but they don't necessarily that doesn't mean they're, not there they're.

N

You know you still need to go, get a building permit or you still need to go, get a grading permit, depending on how much activity your application is, is creating. After the approval.

N

A

Brewster real.

N

A

um We're gonna try to start this uh meeting at about seven o'clock. Can you wrap up the next few bullets.

N

I sure can yeah and what um we'll just jump to the next slide and I'll I'll cover those in in the next two or three slides, because I'm gonna hit on um the really not much has changed from this table other than the consolidation I mentioned it's a little bit simpler than the table you have in the current code. I want to highlight three particular ones um for you to take a look at if you're concerned. The first is um the the plotting major subdivision and minor subdivision.

N

It's currently listed in there as preliminary final plat and then there's some recording um and talking with staff. You very rarely go. You're plotting issues as a built-out community are fairly routine. So when you're doing a major subdivision plan, those are usually combined anyway, so we've gone ahead and Consolidated those and then gave the applicant the option to break out into a preliminary and final if they wanted to. But the code is set up to think of that as one particular application and then on the minor subdivisions.

N

Those are things that are more administratively approved, we've grouped them under all under one heading, so it might be a lot consolidation, a lot line adjustment, things that are meeting the code, but are just more Technical and cleanup of lots, and so those are in one process as well.

N

uh The next one to highlight on this slide is um the the specific plan I'm going to talk about that in in a couple more slides, that's a new procedure that was added in and it gained some new relevance to US, based on some of the substantive standards that are going to be coming in at septical. Amazing I'll explain that on the next slide, when I get to it and then the last one is the administrative adjustments. That's the one!

N

That's it's in your code right now, but that is the one where we plan to be routing all of the the flexibility elements that we talked about early on through that process, and so we have some some specific criteria and conditions for that that we think can improve the code and make it a good decision making tool so the next slide.

N

This is a kind of a conceptual diagram that we used early on in the process and I think with you all as well on on how we try to get to um a code. That's flexible, but also adds certainty, and we think this is an especially important when we're starting to talk about design standards. Some of those things that um are a little harder to pin down for for the perfect standard. So we still try to do that.

N

So the standard is there in the middle and the red, but all of those intent statements and things we um I talked about lead up to how that standard applies, and then that gives you a better decision making criteria on the back end. So it's not just as black and white, but we think the code can operate in those Shades of Gray and still be a good decision making tool and still meet all the legal prerequisites so next slide.

N

uh So this is an example of that in the administrative adjustment section, so every one of the standards there that's in the middle ought to have intent statements and design objectives going in it tells you what you're trying to achieve it may have some context criteria. The steering committees talked a lot about different standards for different contexts, so it may have some different statements on where and what situations the standard applies. And then you apply the standard.

N

If you're not getting the result you want an applicant could be able to say well um I'm going to look. The standards also have some design strategies following that to give them options, so you may have one or two different ways to meet the standard and then, lastly, there's the the opportunity for exceptions or administrative adjustments and those would all again Circle back to the intent statements, so that kind of repetitive decision-making process tracks through all of the applications next slide.

N

So this is these. This is just a quick overview of things that are to come. This is a a bit of a teaser, so in the, although the administrative adjustment section is in the procedure section that you have before you, these are all the sections that are capitalizing on that and could have options or opportunity for flexibility um through the actual review processes next slide and then, lastly, the specific plan um I mentioned this is a recent Amendment.

N

It was done mainly for your downtown area and um for an ability to do a specific code based on a plan.

N

um We were reviewing that section similar to the way we do puds, and one of the questions that came up um on on the right side of the screen are a lot of the substance standards that are coming in different in the in the chapters that are coming in the coming weeks.

N

For you all, and we again, we have options and types and things to apply, and one of the questions we've got was well what why couldn't we just go in and set this some of these standards for a particular area, and the answer is fantastic. You you can, and you should and that's the process you had already been setting up in your specific plan process.

N

um So doing a development code based on a a detailed Enviro involved. Planning exercise is a great thing. We just don't want those codes to be completely separate from this code, so we would expect those to start.

N

They can start using some of the the design strategies and types we are building into the substance standards of the code and they can adjust them based on these specific plans, and so that's one of the things that we think is a is an easy and natural fit for something that's already in the code and we think we're improving on, and this will somewhat relate to your PUD process, because essentially, what the Pud process is is a smaller planned version of that.

N

So there is a placeholder in the procedure section now, because we're kind of waiting to see where all of the other things land before we Circle back to a manager, PUD process. So that'll conclude my my quick overview and hopefully I've left enough time for questions or enough, as you want.

A

Mr Brewster. Thank you very much for the presentation. Any questions from Council member Anderson.

F

Thank you mayor, um so on the non-conformities and Mr Brewster I was happy to hear that you were trying to you know trying to make that a little simpler or easier to maintain those non-conformities.

F

But as I was reading the reading the language in the draft here under the intent section, it says it's a city's intent to bring as many aspects of these non-conformities into compliance with current regulation as reasonably practical, maybe not as strongly against it as it was before. But you know, then, in in section D, Rehabilitation or expansion of the structure that increases the degree of non-conformities is prohibited.

F

There's in the root policy research presentation, they talked about the importance of preserving, affordable housing and I'm. Thinking about you know and walking around neighborhoods I see you know these fourplexes duplexes triplexes that have been there for many many years and I want to to have the attitude that we want to roll out the red carpet for these um these. This existing um uh already existing, affordable, Market, affordable housing- that's been there for years and years and years and go even further than allowing it and saying we want.

F

You know we want more of this, or we want to.

F

I would like to see you know non-conforming multi-unit things that are in in R1 treated with the same freedoms that a a duplex would have in R2, for example, and I, don't know how to how to get there in the code or, if there's you know, maybe it's not in the non-conformity section in another section, but to treat these existing non-conformities that are actual affordable housing as something we want to actively preserve and not just um not just try to bring them into it, but but still allow them to exist, but but take a really positive approach towards them.

O

F

There a way to do that in the code, or is this something you know Council has an appetite for I, don't know.

N

Yeah um I'll give my quick answer there is um I would like to learn more about the extent of those, because I think we we thought we were headed in that direction and I think a lot of the things that we thought were non-conforming or those building types you're mentioning um if they weren't.

N

You mentioned the R1 District so no to there, but if they're they're in existing areas that are already single family, there's a good possibility that we're allowing more of them, because you have a lot of areas that are um single-family homes, but are already zoned for those two three and four buildings, so we're trying to get more of those into the districts to begin with, but maybe not necessarily R1. The one example we did become aware of was in an R1 where a duplex wasn't allowed so we're trying to allow those.

N

um The second answer is: we could become more lenient on I. Think the criteria might work for that, because what we're trying to say is those buildings are often very small scale and neighborhood friendly, and what someone's likely to build back, even if it conforms is, is not going to be that as much um so we're trying to that criteria that we added in for that duplex may work for some of those other non-conforming situations.

N

um The third thing, I would say is: if, if we need to add a criteria, that's specifically towards um not necessarily just keeping the scale and character of the building, but keeping a contributing, affordable, housing type. That might be something else that we could add into that criteria. To get you to the the level of flexibility that that that is, the appetite and consensus of the council.

F

I I do I think there are a lot of these in in R1 areas. I, don't know how you'd go about counting them up, but I walk. You know, walk around in the city. A lot and I did I just saw one the other day. That was, it was definitely an R1 I think r1c and it was a uh a quad Flex. It was a brick building with two up two down and it was just a cool old building that you know I would love to see.

F

I would I would hate it if a developer came in and tore that thing down and built a a monster single family home. You know and that's happening- that's happened in places, so um that's specifically what I'm talking about is. How do we preserve, and even you know um not, you know not particularly encourage new ones but allow for the continuation and modification expansion of those that are already existing foreign.

A

Thank you, member Anderson uh member Russell. Thank.

H

You I would like to address um the issue of non-conforming lots also from a different perspective. um I think that we need to be careful when I first got on Council about seven years ago.

H

um I, don't know 250 single Lots just came on the market and they were building two-story 1600 square foot houses on a single lot that impeded the sun and the setbacks were very small. I just want to make sure that we are protecting the solar spot in neighborhoods and has the committee addressed that also.

N

um Yes, not specifically on non-conforming Lots, um we are looking at it on the smaller Lots, so um like as I mentioned, any non-conforming lot is still going to meet all of the development standards, so they'll have to meet setbacks on the bulk plane standards and all of those um and to the extent their non-conforming lot created constraints in in meeting that they're going to have to go through the variance process under the code.

N

So that would be my first thing to um to to make sure that we, um if we have misunderstood the extent of non-conforming lots, we can take a look back at it, but we think we have your concern addressed through that and then the committee is also looking at um what different things to do with the bulk plane. In fact, that's one of our topics tomorrow, um things that we can make sure that um the height limits and the massing of the buildings and lots is done in a way.

N

That's balancing sort of the the the existing the issues right, um I think right now, what's going on, people are just maxing out whatever's in that bulk plane and we're looking at ways to say how can we accomplish both get a reasonable building massing and footprint and preserve more light and solar access for portions of the lot?

N

We don't have the we haven't even presented our concept to the committee yet, but we will tomorrow night and so that'll be coming before you as well, but to your your broader question is any of those non-conforming lots are going to need to meet those standards regardless the generally applicable standards.

H

Okay and so non-conforming lots, are they different than just small Lots or single Lots.

N

It it will depend um on what's making them non-conforming, but typically they are just smaller Lots they're, a lot that doesn't meet either a width or a size standard.

N

um But if they're going to be developed, they still need to meet all the setbacks. So essentially what they would have is a reduced buildable area because of their legal non-conforming status. So they would. They would have to be as far back from the property line as any other lot would, unless that non-conforming situation caused them to be constrained to the point where they go. Ask for a variance, but then they're in our thought was they're in a develop a discretionary development process at that point.

N

But if they could otherwise meet the standards, maybe they don't need to register and get approval.

H

All right, thank you very much for that member.

G

E

Camp, thank you.

E

Thank you. Existing non-conforming, affordable units that we have in the city preserved and protected I would also like to see that and then my next question is: can you give us some context? Where does this modifications modernization of our code, Place, Inglewood, regionally, when we compare ourselves to our regional neighbors, um how uh user friendly, as you said, is our code for perhaps interests that want to build affordable housing? How do we relate to our neighbors.

N

uh That's a little bit tough for me to answer other than um we do feel like. We do a pretty good job of making codes um more user friendly and understandable, and we get pretty good feedback. A lot of your neighbors are doing the same exercise and have been so I think everyone's kind of in the same boat of trying to upgrade and improve the codes for usability and modern issues.

N

So it just depends on whether the communities had the time and resources to do that and I I know a lot of your your neighbors have or are to the second part of how user friendly it is for affordability, um I think that part's coming when we get to chapter five with you on December 5th, we're still coordinating with root, and we do think we have some pretty interesting and exciting ideas from the developer stakeholders and from our committee that um we'll be able to present to you.

N

um It's it's a really really tough Challenge, and we want to make sure that the code isn't the barrier. But we also want to make sure that um any development that happened reflects the the scale and character that Inglewood desires and I think we're getting pretty close to that. That's more of a substantive issue than a user-friendly issue, but um more to come.

A

G

C

Just one quick comment in regards to the section one changes uh I noticed here in paragraph D, which is uh page 52 of the packet, the board of adjustment and appeals is codified in this section of code I'm a little concerned uh doing it. This way there are some specific prescribed procedures for the board of adjustment and appeals, but the Authority for the board of adjustments and appeals is actually in the city's Charter uh Charter paragraph 59 and 60 create the board of adjustment of appeals and paragraph 60 prescribes powers and duties of that board.

C

Additionally, we have a section of the Englewood Municipal Code, which is dedicated to our boards and commissions, and that location, if we are changing the authority, makeup or uh prescriptions for the behavior of the board of adjustment and appeals, seems like a better location to make those changes. I don't want to put code here about a board and there about a board and everywhere about a board.

C

uh I'd, like our residents and citizens, be able to find information on this board in the same place where they go to find information on all the other boards and commissions of the city.

N

Yeah, that's um thank you for that point. We'll definitely clarify that with the city attorney. One of the reasons um we put them in there is uh totally understand your point.

N

The the board, though, is one of the unique for it's the only one that it only exists by virtue of your development code so that time, that's why you often see some of their more establishment things in the development code, whereas you don't for the other boards and commissions, because they have other duties or roles outside of the development code, but there your point that it's already established there we'll go back and look at that and get what the City attorney and make sure it's as simple and as cleared up as possible on that.

N

C

I'm thinking I do want to clarify that board is established in our chart, not just in our development Club, but actually in the city's Charter. It was created.

N

Right and but they only their only reason for existence is to give to to operate under the development code. But yes, I understand.

G

Remember Russell thank.

H

You and I just wanted to agree with with him I when I was reading, that section, I I had the question where that came from, because I do think. Even if it's going to be in here I think it has to agree totally with what the charter says and not conflict in any way. So thank you.

O

A

Any other uh member Anderson go ahead. Thank.

F

You mayor um just a couple more comments on chapter two going through the the table you have at the beginning and then the different sections on the different processes that an application applicant would have to go through.

F

I didn't see, it spelled out clearly like, for example, a text Amendment on how that process would work, and it's quite it seemed to me quite clear in the old code of how, if there was a text amendment that it would go through, PNC come back to council I, don't know if that's kind of implied or if I missed it in in some of the I, know, you're trying to clarify and consolidate, but I didn't actually see the process anywhere.

F

I, don't know if I missed it or if it's is it is it in there somewhere or.

N

um It should be in there in um in in us I'm opening my draft now so I get the right subsection um yeah. So the text amendment should be sixteen two two. um So there's this there's a procedure subsection. It might be much smaller than you're used to seeing the reason for that is because we we put all of the things that applications go through. In other words, um when it gets to Planning Commission, what can they do?

N

um That's the same with every application. So that's in the general procedure, so there is a little bit of um we've lost a little bit of the user friendliness of I want to find everything I want about this one issue right here, first and in favor of overall organization and so which one's right or wrong I'm, not necessarily sure, but we can go back and take a look at that. But I would look just direct you to 1622 and then comparing that to the table in the general procedure and see.

N

If that answers your question and if.

F

I, don't think it did. I mean I went through the general section and I didn't quite see. I did the process didn't jump out at me? I'm not.

C

F

It's not in there saying it didn't I feel like that is important enough. That, in that same process, I know applies to many different things, so it seems like something that should jump out. Maybe if you point me, you know in the general section then I'll understand it a little better um but and then the other thing in chapter two that I, you know, I wanna kind of express my opinion on is I see the Pud um has not.

F

The Pud uh process has not been completed yet, but you do have some the reason site, Improvement or the sorry the um what am I thinking the specific plan area any of these rezonings and then there's a Max, a minimum size of 3000 37 500 square feet for in for these rezonings I.

F

Don't know if that, how big the Pod, maybe PD, is smaller than that, but I I would like to see something that makes, makes it possible for smaller developers to do smaller projects using these processes or an alternative process to you know to where we can. We can enable more kind of neighborhood by neighborhood rezonings. That would that would allow for some of that more small-scale development as well and I. Don't really see a space for that in here. Currently.

N

Yeah, that's a great Point um one. It's the Pud would be where we're doing that. One of the things we're working on is um oftentimes. Puds have minimum requirements um because they're supposed to be based on a bigger plan or a bigger idea.

N

um So we're trying to wait to see with all of the flexibility through the site, Improvement plan. um How much of how much are we going to now need to be resorting on to puds and does that number need to be dialed down so that it can do what you're suggesting or have we already accomplished? What you're suggesting through the other procedures, in which case we could dial up the Pud to be more of that in between between your larger specific plans and a typical zoning District, so we're we're trying to strike that balance.

F

And this I guess this would be another way to deal with the non non-conformities as as a possibility. I, don't see why if a big developer can come in and do do a large development and get you know, go through the rezoning process, why can't we make it easy for a um a non-conforming lot to come in and just rezone that lot for um for for duplex and write it into the code that if you know you can come and rezone your lot?

F

If it's already has a a non-conformity that allows for multi-families and just rezone it and then they get? You know I know we like to think of zoning spanning large areas, but we don't apply that same standard when it comes to PUD, so we're in, in my view, we're kind of favoring large developers rather than somebody who just wants to maintain the um affordable housing they already have so I'll leave it at that, because I know we're getting past time. Thank.

A

You man, it is an important topic, so I don't mind giving you more time. If there's any other items that you want to cover. Oh yeah.

F

I think I could go on for another 45 minutes and I, probably shouldn't we'll.

A

Wait till next week then thank you um so remember: Russell go ahead.

H

Can I just um in this? This comment deals with puds, also because I know in the past. One thing: I think that we should be careful of in allowing puds is blockbusting, because you could have an R1 area that has no duplexes at all um and I I. Think we've talked about this in the past that um I think Littleton.

H

You have to have three or four acres before you can even talk about a planned unit, development, um so I just think we need to be careful in protecting neighborhoods and not blockbusting, where um somebody that's lived there for a long time would lose their property or um anyway, I. Think we just need to be careful of that. Thank you, mayor Pro,.

A

C

I just wanted to suggest mayor for next week's agenda. Perhaps we revisit the topics that we talked about tonight, since we clearly have some unfinished business before we move on to the next.

A

Thank you, mayor putam, member Anderson. Oh.

F

Well, I forgot to turn up, but I do want to make one more comment: I think I'm thinking through looking ahead at these next, the topics coming up and I, don't know if we can. You know like the housing and um one I feel I feel like we're. Gonna need more time than than we gave. We were able to give to it tonight for some of those later topics, so just have that on your radar as you're planning the agendas.

A

Thank you, member Anderson. Anyone else, if not Mr Brewster I, do want to going back to the original comment about non-conformity: I Echo, member Anderson and and uh member Noonan Camp uh when they spoke in favor of it I think it's purposely vague in the uh draft um I think you said that you wanted to provide a little bit more um well I, I I.

A

Think it's we'll probably discuss this next week as well, but I just want to make sure that we cover that non-conformity topic because I do think it's an important one, but with that Mr Brewster Mr Isom. Thank you very much for the presentation tonight. Mr Isom. Is there anything else you want to say before nope all right, that'll work, Mr, Brewster, we'll, probably see you next week.

G

A

Thank you all right, uh sorry for the leakness in that conversation, but now I call this meeting to order. If you're able to do so, please rise for the Pledge of Allegiance.

A

Pledge allegiance to the flag of the United States of America to the Republic for which it stands under God, indivisible.

A

City clerk, if you're able to do so or could you take a roll call? Sorry.

P

I'm gonna try um member Anderson president.

F

P

Noonan Camp present member Russell president mayor Pro, tem Ward, president remember wink, remember Woodward present, mayor Sierra.

A

P

Sixth president, one absent the absent one being member wink.

A

Thank you, member wink did. Let me know that she was going to be out tonight. uh Moving on to considerations the minutes from the meeting on October 17th. Any changes remember.

G

H

um I noticed on page 10, 11 c 3 and 11c I might have done that wrong. 11C4 I think hang on just a second I'll go to page 10, sure, um yes, um 11 c 3 and 11c4 on 11c3 I voted. No, um that was the contract for cross purposes and then 11c4 was the resolution in of support in favor of sales, tax ballot initiatives, I believe I know. I voted. No I also believe that mayor Pro tem Ward voted no on that.

A

Thank you, member Russell, any other changes to that Tech city clerk. Did you get those changes.

P

A

Okay, any other changes to the text. If not, can I get a motion to approve I.

H

Move to approve uh the draft minutes from October 17 2022.

A

Thank you, member Russell could I get a second second. Thank you, member noonicamp, please vote.

P

Member Anderson aye member Noonan, Camp aye, remember Russell I, mayor Pro, tem, Ward, aye member Woodward.

O

P

Mayor Sierra aye at the record, show six eyes.

A

Thank you city clerk. Moving on to item six, we have recognition of code enforcement for national awards, I believe we have Deputy Chief Bender up tonight. Well,.

L

He's making his way up mayor may I.

A

Yes, uh city manager go ahead.

L

And hopefully, I don't still um Deputy Chiefs Thunder, um but just want to express on behalf of the entire city staff, um our uh the our pride yes pride in the co-division for their two Awards um that Vance will get into. um We have just been um over the moon about the American Association of Code Enforcement.

L

um Really, these are the. This is the cream of the crop throughout the country. It's a National Organization. There are only seven Awards I believe that are given each year and Inglewood came home with the golden two and so I'm, just so proud of the work that they do and led by supervisor Lewis and turn it over to Vance.

Q

Thanks, sir mayor members cancel uh thank you for having us tonight. uh First off I just want to tell you how incredibly proud I am to be standing here, representing Chief Watson in the police department tonight, uh and uh appreciating our code enforcement team.

Q

um Dave Lewis was in Atlanta for the uh American Association of Code Enforcement conference last month and was there as they received the award for the Department of the Year award for the entire nation uh for our code enforcement team. uh These team members uh worked incredibly hard and have done uh just an amazing job for our community.

Q

um It goes hand in hand with the other award that we received this year, which was uh David Lewis, received the Excellence and Leadership award for the entire nation as well and I think that under Dave's leadership, our code team has just been incredibly uh just he's increased our legitimacy, he's increased uh professionalism and, uh and has just done an amazing job as the forward-facing uh face for our code enforcement team and I just wanted to uh to say that that's what makes us stand out.

Q

It's just very unique at the way that we have our code enforcement division in the police department and the way that they work with the other City departments and I. Think it's just amazing. So thank you very much.

Q

David, would you like to say a couple of words.

R

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Lewis codes, division manager, so this was a peer driven, a word process and we were evaluated over the last five years. uh The accomplishments that we've made here in the code enforcement Division and I really want to attribute that primarily to the way that we manage relationships and Partnerships.

R

um Just like many of us. We have significant others and it takes a significant amount of negotiation. Communication, ongoing adjustments uh in our relationships, and we have over 30 000 residents that we have to maintain uh relationships with, along with Partnerships, with a variety of different uh City organizations where the forward-facing part of Code Enforcement. But code enforcement goes. As you all know, you've seen the code next goes to Community Development.

R

It goes to our city, attorney's office, our city, manager's office, the Fire Marshal's Office, um licensing, the city clerk's office, and to all of you um and the processes and the advancements that we've made enhancements to our training enhancements to our officer safety. Our ability to be more proactive in the work that we do, we're we've gone from being in our low 20s in proactive work in the last five years to over 69 of our calls for service are proactive officer.

R

Initiated calls we've added great technology that allows us to stay in the field, and we have a great team of professionals who are are dedicated to this work. As you all know, code enforcement can be very difficult.

R

Enforcement in general is not met with always the kindest, uh the kindest uh words and at times can be conflicting, but I think we manage that with a lot of Education long-term goals and I think that this team has made a significant increase into the quality of life here in Inglewood. So I really wanted to thank you and all of our Community Partners.

R

One thing that did stand out when we did receive these Awards is the community support the president of the American Association of Code Enforcement said this was the first time that they received overwhelming letters of support from Community organizations and from citizens to include former and current code enforcement advisory committee members. Our partners at the shelter our partners with Tri-County Health, seem to be Arapahoe County health park, ranger Association, the American associate the Colorado Association of Animal Welfare, as well as the original nominating body.

R

We did the final presentation, but the Colorado Association of Code Enforcement recommended us to represent the state in this recognition, so I'm tremendously proud of the work that we've done and I really look forward to where we go here in the next five years. So thank you for your support.

R

L

We would like to take a photo if everyone can come up front and we'll have the mayor and deputy chief if you can join them.

A

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Manager, Lewis I'll, say a few words as well. This isn't the first time that you or your team have come in front of us. There always seems to be some type of recognition or the fact that you are spreading your knowledge across other municipalities, for you know your expertise, um so I want to also thank you and for for making Englewood proud, because there's a lot of work that you guys are doing here in the city that you guys are being recognized for and obviously I'm very proud to see.

A

You guys get this award as well at the national level. So thank you, I'm, not sure if there's anyone else on Council that like to say anything but thank you very much manager Lewis and to the entire code enforcement team. Thank you.

A

All right, we'll now move on to agenda item seven, which is recognition to schedule public comment. The deadline to sign up to speak for scheduled public comment is Wednesday by 5 PM prior to the meeting through the city clerk's office. This is an opportunity for the public to address city council, there's an expectation that the presentation will be conducted in a respectful manner. Council may ask questions for clarification, but there will not be any dialogue. Please limit your presentation to five minutes and written materials for presentation to council may be submitted to the city clerk.

A

We do have three speakers tonight. Do we have uh Marcia mcgilly here from the Aurora South Metro Small Business Development Center? She is online. She is online Miss mcgilly uh see if you're able to come.

J

A

There you are miss mcgilly. You have five minutes. If you're able to state your name and your address or cross streets.

J

Will do my name is Marsha mcgilly and my where I am seated now the cross streets will be Dayton or the office I'm. Sorry, no.

A

You're: okay: go ahead: Miss mcgilly.

J

Okay, um thank you mayor and city council for your time. This evening. Again my name is Marcia. Mcgilly and I. Am the executive director of the Aurora South Metro Small Business Development Center annually I come to you with the highlights of our strategic partnership and later in the meeting tonight, you will be considering our next IGA for ongoing relationship.

J

um We've had a very successful and productive strategic partnership in place since 2016.. Besides our free and confidential one-on-one Consulting, our business education webinars and our resource referrals, we've added some new services for the next IGA period in the next three years. We um would like to do and I'm going to hit the highlights. The all of it is in the report that was um submitted to Council in your Council report, we'll add a lender's form for the bankers uh with the SBA, the bankers.

J

The local Bankers have asked for the small business administration to come and do a lending panel and giving them instruction on how to work with the SBA on those loans. There are quite a few new lenders that want to have as questions answered. We will arrange that with the chamber as well, um we'll hold it uh we'll conduct an annual survey of business owners in Inglewood proper and bring back some great small business uh information and data to you we will I can I will continue to meet with the economic development team monthly.

J

We discuss some participating businesses and sbdc services their needs and how our Consulting and training uh assist those that are starting businesses, as well as those wanting to grow their businesses to the next level.

J

um We do assist the Inglewood Grant participants on the initiation and acceleration grants that we will continue to do that and we uh intend to partner more closely with the Inglewood Chamber of Commerce and the Inglewood Downtown Development Authority regarding marketing the efforts that they're doing and the activities that we might develop or do together.

J

I wanted to share just a few uh economic impact highlights from the 2021 our pandemic two-year period. I wanted to let you know that we had two to three times the number of citizens come to us for services during that period. So the number of citizens we assisted in that two-year period was 264.. The Consulting session hours were 900 hours, that's a lot of hours in a two-year period.

J

um Just so you know a couple other uh two other numbers, the jobs created during that time were 35 and the jobs retained during that pandemic period were 63.. The rest of the economic impact uh details are in the packet that I sent to you and I'm finished with my remarks and if there are any questions, I'm happy to address them at this time. Thank you. Thank.

A

You very much miss mcgilly. Any questions from Council see now miss mcgilly. Thank you very much for your time tonight.

J

Thank you mayor.

A

Moving on to Miss Kelly McCloskey here to address Council regarding Englewood police victims advocate.

A

Good evening, Miss McCloskey, if you could just state your name and your address or cross streets, good.

K

Evening, my name is Kelly, McCloskey cross streets are eladi and Radcliffe.

A

Go ahead, Ms McCloskey.

K

Thanks for letting me speak here tonight, as many of you know, on September 28th, our community lost a beautiful soul, my name my neighbor Darlene grass was murdered. She was she wasn't just my neighbor. She was a close dear friend of my families. We considered her a family member to us, I moved into Inglewood in 1998, and we were blessed to have Darlene grass as a neighbor I want to thank the Inglewood Police Department for their quick response.

K

They were at the scene within minutes.

K

These officers put their lives on the line that night I witnessed that we all witnessed that this man was heavily armed and I truly believed. They saved a lot of my neighbors and myself. That night.

K

Thanks to their quick response, they captured, or they arrested this man very quickly. He has awaiting trial.

K

I would also like to thank our victims, advocate Nancy wing, wingen, I'm, not sure on that hope, I didn't butcher it, but the compassion she showed everyone that night and the days and the weeks to follow hasn't gone unnoticed by our neighborhood.

K

Thank you again. Inglewood Police Department for risking your lives to protect our community. God bless you all and thank you guys for letting me speak tonight.

A

Miss McCloskey. Thank you very much for your Awards tonight. Any comments from Council or any questions from Council.

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You describe the types of services that your you or your neighbors received from the victims advocate Department.

K

Victims advocate Department well, first of all, she was there all night, consoling everyone that was affected by the murder.

K

um She followed up with uh giving us her business card telling us anybody that needed any type of counseling and which my neighbor's daughter was the only person child that she had, but she gave her business card out to all of us and told us if any of us needed any kind of counseling from the traumatic experience that we had that um just to get a hold of her.

K

um She called her Darlene's daughter. She followed up with me and several residents and asked how we were doing. This was like weeks afterwards and just followed up with us to just see how we were doing so. We were just thankful that we were able to and gave us the resources and said if anybody needed any type of counseling that that was available to them.

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Remember Russell.

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I just would like to make a comment. I just thank you for coming forward. I know that it was really difficult and um I. Just thank you for the positive remarks about the police department and the victim's advocate uh associate, so thank you and you and the neighbors are all going to be in our prayers. Thank you. So much thank.

K

A

Miss McCloskey, thank you very much for your words tonight. Thank you up next is PJ kolnick here to address Council regarding code next and actually uh just a comment. Member Anderson will be giving a response. Development comment tonight, Mr kolnick good evening. If you could just state your name and your address or cross streets.

S

Okay, uh I'm PJ, my cross streets, PJ kolnik, my cross streets are uh Ogden and Amherst, so uh yeah I'm with Inglewood, can we are the citizens for affordable neighborhoods? The F doesn't count. um Englewood can is a group that uh we started back in February and we've actually been growing a lot. There's a lot of people that have been really interested in the ideas that we've been putting together.

S

We've really been able to draw from a lot of different people across Englewood to kind of get their opinions, and so we put together some ideas just some things that we'd like the council to consider as they're going through the code next process.

S

um You know the real motivators for just us doing. This is, um and even personally having moved to Inglewood originally from Montana and, being you know, new and young in my career uh home prices are really high. Rents really high I've been a renter and I'm. Now a homeowner in Englewood, so I've experienced both and um you know, even when I was renting, uh you know it was. It was really helpful to be able to find a way to you know, pull up my resources with other roommates and you know find affordable options.

S

So as someone that was young and new in my career, I was just looking for the most affordable way to just get started with life and I. Think there's a lot of people that are like me and whether they're my age or they look like me. I still think, there's a lot of people out there that are just trying to find affordable ways to live in Inglewood, because it's a great community, so we're just trying to figure out ways and strategies that people can access community in this town in in open ways.

S

So we just had some suggestions that we just wanted the council to consider as they're, going through the code next process and the code next team, um I'll just name them real, quick but uh the first ones we're just we're, really hoping that the council can really consider expanding the middle housing options. So we talked a little bit about it, duplexes and triplexes in more areas than they are currently um even even going.

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So far as to allow them- and maybe some of those R1 districts where there's just more flexibility and some of that kind of growth and development can happen a little bit more organically across the whole of Englewood and just let it be more incremental change, maybe even considering all Corner Lots be duplex or trial, Triplex and even just ways to do it. Maybe even try plexus or even quad plexes near Commercial areas. So really just thinking creatively. How do we make things more dense?

S

How do we make more people be able to live in some of these areas? The other one and kind of closely tied to these middle housing options is fixing the Adu ordinance. We had been able to talk briefly just about some of like what we call them and what a few people in the Adu kind of sphere called the poison pills of just keeping adus from being developed. Now I know they're.

S

They are legal here in Englewood, but there's just a few ways that the council can consider and then code next can consider just making them more prevalent and that would just be um getting rid of the owner occupancy to build them.

S

um You know you know getting rid of the off street parking requirement so that you don't have to have parking on the lot um allowing for more structural forms. Not just maybe maybe you could do it in your basement. Maybe you could do it attached to your home as a renovation. You wouldn't have to have it just as a detached structure and just increasing the size limit. My wife and his first apartment was a 600 square foot place.

S

It was really tight. We would recommend just increasing it a bit so that we could have maybe even grown and stayed in that uh Place longer, um so maybe even going up to as high as 1200.

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um So I'll finish up here, real quick. We also just recommend changing the occupancy requirement right now. Englewood is just two adults and their children, but just allowing for more ways that uh unrelated people can live together.

S

Pull their resources have access to the same housing that some of us get to use and we talked a little bit about it: expanding that mixed use and the buy right multi-family just allowing for a little bit more flexibility and even more places that can uh go past the Pud process, so just that buy right and that mixed use zoning. So those are just some suggestions and they're just ways that we're hoping Englewood can just kind of embrace a really Market driven concept and make this place affordable. So.

A

Mr kolnick. Thank you very much for your comments tonight. Any questions from council member noonenkamp.

E

Here tonight, I'm glad that you're enjoying your experience in Inglewood. My question is: can you tell us more about Inglewood? Can this is the first time I'm hearing about the citizen group? Can you tell us more about the founding the membership, what you what you do and how people can learn about you, yeah.

S

So uh England can we started actually back in uh I think it was February. Is it February or March um when we found out the kind of the code next thing was going to be going on and so started just uh two of us, my my neighbor Stephen and I, and then we were able to just reach out to the networks within Englewood and it's just kind of grown organically.

S

Since then um we don't really have a official website or anything but um yeah we're just a you know, kind of a Grassroots neighborhoods that are Word of Mouth, saying yeah. This is important to me too. So um it's young people, old people like everyone, so that's.

E

Great I appreciate you investing your time and your talent, the quality of life in England, absolutely Mr.

A

Kolnik I just have one question: you talked about upzoning certain areas, you're not talking about doing up zoning across all of England, but just spot zoning I guess in a sense, because you did mention Corner Lots. Is that basically, are you yeah, I, guess I'm, just wondering like how much zoning or up zoning would you be considering within the city of ingwood.

S

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um If we're looking at opportunities to build duplexes and triplexes, and especially for Market driven perspective, let's kind of let the market decide where an Englewood is going to be uh where people want to live and and drive that process.

G

S

I wouldn't say we have to um I I would say, give it as much flexibility as you can so yeah. If it's Corner Lots, let it be any quarter lot in Inglewood. um If it's uh you know places especially that have alleys, those will naturally develop duplexes and triplexes better than some areas. So um I would just say more is better.

A

Thank you, Mr kolnick. Anyone else from Council see not Mr kolnik. Thank you for your time tonight. Yep. Thank you that now concludes schedule. Public comment we're moving on to on scheduled public comments. Same rules apply if you're limited to three minutes.

A

um First Speaker up as Nathan Hoag here to speak about The ingwood, Christmas Store,.

A

I'm gonna have to restart that timer for you, Mr Hoag. If you could just state your name and your address or cross.

T

Streets yeah, yes, happily, uh my name is Nathan howack I live at 3198, South, Bannock Street. Thank you all for the opportunity to come to speak to you. Thank you for continuing to host public comments. It's really important that we get a chance to tell you about. What's going on in the community, um I want to begin by just saying thank you across the board for all the work that you do.

T

I know that uh your positions and jobs are oftentimes, thankless and especially in a public comment scenario, um sometimes not tonight, but sometimes can be. It could be rather challenging and I'm sure discouraging so I want to encourage you all and say thank you for all the work that you do. It means a ton to the community and I know that often times it goes unnoticed. So I want to say thanks for that. Mainly what I'm here to tell you about is the Inglewood Christmas tour, which is is in its 10th year.

T

It started as the bishop Christmas store 10 years ago, and it was started by a church, not the one that I lead a different one outside of the community. That was coming in to help kids at Bishop, Elementary School get jackets and gifts, and things like that that they needed for Christmas it's expanded.

T

Since then, we've now included several other schools throughout the Inglewood area, Bishop Clayton, Maddox, finest and any of the students who work with the mckinney-vento Family Resource Center here in Inglewood we're going to serve 250 families this year and if you're familiar with our church. You know that it's pretty small and it takes the entire Community to pull this off.

T

So, essentially, what we do is we collect gifts that are valued at 25, a piece we transform Bishop Elementary School into like a winter wonderland families who sign up in advance can come and shop for those gifts and buy two gifts per child that they register for um they buy those gifts that are valued to 25, a piece for five dollars, a piece and they're able to wrap the gifts there there's free child care, while they're shopping, there's food while they're there for them and their kids there's a free outerwear store, so they can for free without making any purchase at all, grab jackets and uh pants and all kinds of different items of outerwear, and then we give them a bag of groceries on their way out.

T

So you can find out more information at inglewoodchristmasterstore.com. That's where you can find out where to donate gifts. You can register to volunteer. You can find out any information there and I do have these cards with a QR code on the back I, don't know if I'm allowed to like distribute material or anything, but I do have them so I can give them to you. Okay, great perfect: uh that's all.

A

Mr Hoag. Thank you very much for your time tonight. Any questions from Council uh member noonkamp.

E

Thank you for being here.

E

Englewood staff participate in The, Christmas Store every year, which I love. um Can you share with us this year? What you think the most critical need in Inglewood is for the store and anything else that you're experiencing yes,.

T

Thank you um right now. The the main thing that we need is to uh collect gifts, so the donation of gifts is the thing that we need primarily for the store. Although we do need more volunteers and we do need some more funding to pull off the store. The thing that we're lacking the most right now are those gifts, valued at 25, a piece, that's the main thing right now, yeah.

A

Anything else, member Woodward.

I

My question is on those gifts: is that mainly clothes you're? Looking for or toys for elementary school kids, it's.

T

It's uh for uh any any child zero to 18., so parents who register through their school can shop for any of their kids, regardless of their kids ages and ideally yeah. Some clothes would be fine, but we're we I. We love to collect um toys and that kind of thing for the kids to to enjoy.

I

Okay, thank you. Yeah.

A

Anyone else from Council Mr Hayek. Thank you very much for your time tonight. Thank you up. Next is Dan Jacobson here to talk about non-conforming.

A

Good evening, Mr Jacobson, if.

U

You could just state.

A

Your name address or cross street.

U

My name is Dan Dan Jacobson I own, the two family home at 656 and 660 East Yale in Englewood, um really I'm, not sure that I need to repeat everything. That's being said and I've written to several of you um about my personal issue, with the with a duplex, that's uh 1048 feet uh on a 9148 square foot lot, the setbacks are: are huge 18 feet on each on the East-West sides, a piece and 62 feet to the rear um we just and so.

U

In hearing the last speaker talk, um he lived in a 600 square, foot, uh apartment or home. uh These are less. This is uh 525 square feet. Apiece.

U

um We just want the ability to if, if it's torn down just build another duplex, which is what it's always been, we're not asking to uh build a fourplex or an eight Plex or whatever um it would be infinitely more family friendly, easier to work. Currently out of 2137 r1a Lots in Englewood, there are six two to three unit parcels or structures in r1b. There's one two to three: if my building was built in uh 1935, um it's uh it's a piece of work, but it's rented all the time.

U

I do anything I want for those tenants and I keep them a long time. This is a way to enhance affordability.

U

To to let people live in Englewood at a somewhat more affordable price, rather than putting up a structure that I've got a picture of here, which would be legal, which is over 3000 feet and valued. At the last time, I checked about 1.4 million dollars. That's it um uh 2799 South South Washington.

U

um If it's, if there's any way to be able to restructure the building and others like mine, that would be great.

A

Thank you, Mr Jacobson, any comments from council member Russell. Thank.

H

You so have you been working with the building department at all in the city.

U

Call down there I've met with uh Eric Sampson a couple times uh and when I spoke to someone in City Planning I I asked Point Blank.

U

Have you ever seen a request for a variance uh in a non-conforming structure and and to to redo it be granted, and the answer was no uh and I asked her how long she'd worked for the city and it was it was years um I had spoken to Brooke Bell uh a couple of times very helpful, uh but it just it. You know it's just not a thing that that's done to Grant those variances I I can keep the same. Keep it a single story, so the same height, the same setbacks.

U

I know you were concerned about that previously in a previous comment, um and it's a very well well-founded one. But again something like that, which would be legal for me to build just seems so out of character with the neighborhood as this one kind of is uh so well.

H

Thank you for that answer. I'm sure that there'll be a response to thank.

A

You thank you. Thank you, member Russell, anyone else from Council Mr Jacobson. Thank you for your time tonight. Thank.

U

A

um Up next is Gary and Gary I'm, not sure of your last name here but you're here to speak about new apartments, I believe.

A

Sorry I can didn't want to take a chance on the last name.

O

Zach Gary Kozak 1260, West, Oxford, Avenue, I'm, probably one of the longest standing residence in Englewood. It was homesteaded in 1856., so I've been here even before my plot of land was even part of ingwood I'm here to talk about just briefly: I wasn't involved with the city council, because I was a city council member during the Santa Fe Corridor development, and we fought very hard because Oxford was the only connector and at that point in time when they finally opened it.

O

The highway department had granted a 10 foot high fence for our residents, because we were already meeting the noise barrier, the highest limitations, to put up with the noise barrier.

O

Now that hasn't happened because the highway department went away and the city council changed. I didn't push the issue, but now that we've got a new plan, development we've already put in two apartment houses, there's a third one being built right. Now, there's two more proposed to go even further south of that two buildings, and now we've got the one to take up the Sam's Automotive lot. That goes from one end to the other.

O

I just want to present this real, quick because I know I'm going to come back again is we need a new traffic study because the old traffic study that they're using in their proposal was before these other two had opened up, and we have a third one just about ready to open with over 400 units, and this planned one is going to be several hundred more going in there. The streets will not take it.

O

We need a traffic study, we need an air quality study and we need an air uh noise quality study and then I already know that we're getting federal grants to do a new sewer transform station down there uh at Oxford in Windermere. Actually it's right on, because the sewer lines go right into Santa, Fe, Drive and then the pump station is there. We've already spent the city of England had to go in and do some repairs there and I'm out of almost out of time.

O

So it's something that the city council needs to look at. Yes, it's going to be going in front of PNC and I will be there to the planning and zoning to do some. Other presentations but I'm asking you as a city, council member and as a former city council member, that those qualities, air quality, sound quality and traffic, really needs to be considered the little Islands out there. We get a person driving over them at least once a month.

O

I lost the historic fence because a gal drove through our offensive excess of 60 miles an hour and to repair that fence. We want it in court, but she disappeared and at 68 000 to bring it back to Historic standards, and we can't find her so I've left them the temporary fence up there until we get something else resolved. That's my problem, I'll deal with that as far as I hated to see a historic site destroying like that, but we really have to look at and consider what I'm asking the city. Okay! Thank you guys.

O

A

You Mr Kozak any questions from Council CNN Mr Kozak. Thank you very much for your time. Thank you. God bless and then now concludes public comments. I'll give member Anderson a second to compose his words and you can be when you're ready.

F

Thank you mayor. Thank you, everyone for coming out and speaking tonight and um I'll speak to to some of you specifically Miss McCloskey Kelly. Thank you so much for coming out tonight, um just to advocate for the police department, I'm. So sorry for what you and your neighbors have gone through. I know it's um certainly a traumatic experience and a big loss for you, so um I just wish you the blessing and peace of God during this time and for all your neighbors as well, um it's difficult! So thank you again.

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uh To miss mcgilly from Aurora South Metro, Business, Development Center. Thank you so much for the ongoing partnership that you've had with the city, the Small Business Development Center. It's been a great partnership for Inglewood and and appreciate everything that you've been a part of to serve the economic development in the city and the continued partnership in the future and I always appreciate the updates um uh Mr kolnik.

F

Thank you for coming out to share your ideas and just exciting to see this ingwood can group coming up with some great suggestions: I love all the ideas and absolutely want to see them incorporated into our code next project, especially with the missing middle housing and the adus, is a really a really great approach to take a market, market-based approach to affordable housing, Mr Jacobson on the development side as well. You heard our I think you were here for our discussion on non-conforming non-conformities tonight as well.

F

So hopefully you see us moving into Direction, and you know I think the current code is is pretty antagonistic to what you want to do. I would love to see that changed. As I said um during that discussion tonight and hope to come up with a way to to see, properties like yours have a lot more options for um for rebuilding and and expanding on the same on the same lot as well.

F

I think that's really important to maintain those and allow them to be rebuilt when they need to as well Mr Hoag thanks for coming out and talking about the Inglewood Christmas store. It's been a great thing for Inglewood. Is he here over behind the poll or something?

F

Oh, he took it okay, but uh um it's been a such a blessing to have that in Eagle, the last 10 years and I'm glad to hear that it's continuing to grow, to expand other schools and I know that's going to be um going to be a tremendous blessing to our city as well, and uh then finally, Mr Kozak. Thank you for coming out to speak.

F

I hesitate to speak too much to a development, that's currently in the process, but it's something that we will will certainly be coming before Council and we'll be taking those things into consideration. So that's all thank.

A

You mayor, thank you, member Anderson, anyone else from Council and what that that concludes public comment. uh We're now moving on to gen item nine. But do we want to take a short break before we get to the rest of the agenda? Let's take a 10 minute break and reconvene right around 803.

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Through your film sources,.

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What's happening.

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Yeah you're now.

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Very members of council, we are back yeah. You better hear that no.

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What's up, he needs his mic on. Oh.

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No, no, it is we're good.

A

All right: everyone, we are back we're now. Moving on to agenda item nine consent, agenda items, I didn't see anything being pulled tonight. Anyone nope all right um with that can I get a motion to approve 981-982-9b 1 through 3 and 9c1 so moved. Thank you mayor protector can I get a second.

A

Thank you. Member noonenkamp.

P

Can we please vote, remember Anderson aye member Noonan, Camp aye member Russell, aye mayor Pro, tem Ward.

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Member Woodward.

D

P

Mayor Sierra, aye world record show six eyes.

A

Thank you. No public hearing tonight we're moving on to 11 A1 uh Council Bill 39 amending Englewood municipal code regarding animal impelliment. We have assistant City attorney, uh Vicki McDermott.

H

Actually can can I ask a question. Sure I talked to the City attorney in the meeting last week with Sean and she had scheduled it or got put on the schedule for the 21st, because she wanted to be here and I brought up the fact that it had been tabled to a date, certain and so I asked. If we could table it again until the 21st.

A

Thank you, member Russell. Do you want to make that motion I, guess well,.

H

Why don't you ask, um go ahead, Miss, McDermott.

W

H

Would okay I I'd like to move that we table Council Bill 39 to November 21st.

A

Thank you, member Russell could I get a second.

A

Thank you, member Anderson, any comments from Council member noonicamp.

E

Sorry, just so I could have Clarity. Is this a request from the city attorney that we need to table this because I know we have members of Code Enforcement here I'd like to do it tonight? If you can help me understand why I mean would need to.

H

um Actually, it was on the agenda for the 21st, because the City attorney wanted to be here and I said we tabled it to a date certain which was tonight and I said. So if we put it back on, she said, do you want it on tonight? I said if we could table it again, and she said yes, you can table it again.

E

That's helpful, thank you, but do we need to table it? Do we have the information we need to go ahead and address it tonight? Is there a reason why we would need to wait for the City attorney.

H

um I think there are some reasons that we need to wait for the City attorney because she's familiar with all of it and has been working on it.

H

I mean you all can do what you want to do. You can vote. However, you want to do that. It's fine.

A

H

A

Russell anything else from Council.

A

Seeing none can we please vote.

P

Remember Anderson.

A

Aye member.

P

Nunenkamp member Russell I remember mayor Pro, tem Ward.

C

P

Remember Woodward aye, mayor Sierra, aye. Let the record show five eyes: one, nay, the one Navy member Nina camp.

A

Thank you. Moving on to 1182 Council Bill 67 amending Englewood municipal code to increase the waste Transfer surcharge from 50 cents per cubic yard to 63 cents. We have Finance director Jackie Lowe here on this item.

A

Hello, director, Lowe.

B

Yeah good evening, mayor council staff is asking Council to approve a bill for a ordinance to increase the waste Transfer surcharge from 50 cents per cubic yard to 63 cents per cubic yard, effective January, 1st 2023..

B

We list the previous Council action in 1987. The ways to transfer surcharge was established at 20 cents per cubic yard. In 2012, the ways to transfer surcharge was revised from 20 cents per cubic yard to 50 Cent, which is a hundred fifty percent increase so for 2023 we're planning to increase the surcharge from 50 cents per cubic yard to 63 cents, which is 26 increase.

B

We did a analysis based on the CPI published by the Bureau of Labor Statistics for the past 10 years, so the average increase in the past 10 years. The CPI adjustments, probably 2.8 percent over the 10 years period, is probably 30.9 percent. So, after considering the CPI and our historical Trend, we decided to increase the percentage by 26 percent from 2020 2012 to 2023..

B

Council has any questions about our justification and our calculations. Thank.

A

You director, Lowe member Woodward, start us off.

I

Yeah mine is started in January of 2012. and now we're looking at starting it in January of 2023. So that's 11 years, not 10 years and in just doing the numbers in doing a simple future value out of that, it would bring it to 65 cents, which doesn't seem like much except it's 33, 33.33.

I

000 per year, additional.

B

Yeah, if we increase the percentage by 26, bring the rate from 50 Cent to 63 cents will get additional 217 000 for 2023. correct.

I

And if it was 65, it'd be two hundred and fifty thousand dollars, probably.

B

I didn't do the math, but I trust your calculation yeah.

I

So I I'm just recommending that we pick up that other year and say 65 cents and I would make the motion to revise that to 65..

A

Thank you, member Woodward, just let's wait on that. We got a couple more uh Congressman Council, but member Anderson and then member Russell.

F

I had two questions did: did we do any comparative analysis to what other communities charge for tipping fee.

B

I do not know if other communities have have the waste transfer station. Okay, we could look into that.

F

You know that would be I would be curious to know that for future, and also this seems like something that could be a a part of the rate and fee schedule and do do more regularly just to keep up with with.

B

That yeah excellent question. Currently the code requires ordinance to increase the waste Transfer surcharge and storm water utility rate, so city attorney's office, look into how.

F

To be consistent, yeah, okay, thank you and and I'm fine with the 63 for now.

G

Thank you, member Anderson member Russell. Thank.

H

You so I I have a question on this, because this is a little bit concerning um when I first heard that the fees went up. I um I thought that's fine, but it appears to me as though this is to individuals that are taking trash to the transfer station and not the trash trucks.

H

I mean it says in the bill, whereas the city, waste Transfer surcharge poses a fee on each cubic yard or portion thereof by each person disposing of trash at a waste Transfer Facility to offset the impact of heavy vehicles and other traffic using waste transfer station on the city, streets and bridges.

H

None of the none of the whereases address trash companies.

A

B

Yeah council member Russell were you reading. Where are you.

H

Reading I was reading in the bill.

H

um This is Council, Bill, 67 and I mean this there's only four, whereas is the second one, whereas the city of ingwood last increased its waste Transfer surcharge on January, 1st 2012 pursuant to ordinance number 56 series of 2011 and whereas the cost of Street and Bridge repairs and replacement have increased significantly since 2012, and whereas the city is required to increase its waste Transfer surcharge to ensure it has sufficient funds to repair and maintain its streets necessitated by heavy vehicles and traffic. Using the waste transfer station, then down under 4-7-3.

H

It's still talking about an individual person, not the trash company. What are they charging the trash comp company for dumping trucks at the transfer station.

B

I need to verify if, if the per cubic is based on individual trash or the truck, my thinking is trucks, but I need to verify I.

H

Really would like that verified before we vote on this, because, if we're increasing the fee to individual people that use the transfer station but not the trend, the trash trucks, then I think we're missing out on a lot of Revenue that we could have from that.

L

Mayor I can address that.

A

Go ahead, city manager, Lewis thank.

L

You for the question, remember Russell. This absolutely pertains to trash haulers that are using the Waste Management Facility, so it could be Waste, Management trucks, it could be other trucks, but the vast majority of the revenue that we receive from this is from trash haulers that are using the landfill located in Inglewood and director. Lowe is correct.

L

These are pretty limited stations throughout the state and in in looking at some of the, we can get a comparison if you, but we are pretty low, and you know even we looked at the rate that was charged back in 2012 and adjusted for inflation and 63 cents. 65 cents isn't keeping up with inflation um compared to what it was when that fee was adopted in 2012.. So we're we're confident that you know we're if anything below Market on this but the. But the revenue from this fee does come from the trash haulers.

H

Okay, but can we make reference to that in the in the bill.

L

I think we can definitely amend that I'm in the, whereas is I, think it was assumed and implied, because that is the the source of the fee.

H

Well and and I I thought it was implied too, but it's I do not see it anywhere in the ordinance.

A

Thank you, member Russell. Anything else.

H

um So what has Waste Management been notified of this increase in the surcharge? Yes, when were they notified.

B

We notify them. Probably two months ago we had a conversation with them.

H

Okay, um the reason I asked when waste management was notified of this is is that it was after that, then, that Waste Management started sending out notification to the citizens that they were no longer going to do alley. Pickup, um I I, just wonder if there's a correlation with that, and that probably should be a council request.

L

I can't answer that mirror on the spot if you'd like it was definitely before residents, including myself, received that notification.

H

Okay, um I I appreciate that so, okay, that's all I, have for now. Thank you.

A

Thank you, member uh mayor, brutem and.

C

Then member Anderson just a question for the city attorney's office regarding the use of the term person. Isn't that kind of a quirk of law? Often the person is just used to generally describe any entity whether it be a corporation or you know business or what have you.

W

um Sometimes yes, but in this instance, uh the code under Section 4-7-2 does just Define person and in in this context, and it's defined as any individual, firm co-partnership, joint venture or Corporation Society, Club association, joint stock company estate or trust receiver, trustee assignee, lessee or any person acting in a fiduciary or representative capacity, but they're appointed by court or otherwise, or any other group or combination acting as a unit, including the United States of America state of Colorado and any political subdivision thereof, and the plural, as well as the singular number.

W

So in this instance, it would include an individual.

C

Okay, because we've already captured that the definitions of the existing code, the presence of the term person in the whereas clause, doesn't necessarily have the effect that member Russell is indicating. It doesn't cause the confusion that she's indicating is present here.

W

um Because we do also have a definition within the code section that we're seeking to amend per person um I, we would rely on that as opposed to the, whereas Clause okay. Thank you.

A

Remember, Anderson that.

F

Add that actually answered my question as well, so Russell.

G

H

Ahead, thank you if, if that is in the definition, is that in the paperwork that we got today.

W

The code isn't being amended, it's section 473, which immediately follows.

H

Okay, um I don't have an issue if that applies to this, but I just wanted to make sure I, because the bottom line is yes, I do believe, individuals that are using the transfer station citizens should have to pay the they're not going to be paying the tonnage that that voiced trucks are so um all right that satisfies me. I. Think so. Is this a is this a resolution or a this? Is an ordinance correct.

B

Coordinates is.

H

This first reading, so can we get that added information on second reading? Please thank you.

B

The second information is for.

H

The definition definition of person.

A

Any other questions from Council I do have go ahead. Mayor Pro, Tem.

C

My question slash concern about this is the question of whether or not the fee that we are establishing accomplishes the task that we are setting out to accomplish.

C

So the fee that we're establishing is 63 cents per cubic yard and I, don't know if you've driven Union recently but I have and I would not describe it as a pleasant experience, and we talked about that in our Capital planning.

C

uh You know this this most recent cycle, and and so ideally, we are able to pave Union at a level of quality that allows for it to accept the trash truck traffic that it receives without getting beaten up, and you know driven down into the condition that it's in now and and not just Union but the rest of our streets as well. So I guess that gets to the Crux of my question, which is this 13 cents increase, giving us an extra roughly quarter million dollars a year in Revenue.

C

Does that adequately address the place that we're at today, from the last 10 20 30 years of of waste moving to and from the union transfer station.

B

Without studying the impact, we cannot answer that a question, but what do we have fun from the financial aspect? It's just based on the CPI from the Baseline. We definitely could do more analysis, but I also want to bring to council. We pull out the waste Transfer charge. We have received this year because there's a fire on the way Station transfer station in June. We just want to see if there's a reduction of the revenue. In fact, we did not see a major reduction.

B

We sold a little bit decrease- probably twenty thousand dollars in the month of August. So this is another additional information for Council to consider with a current there operation.

B

What would be the the charge? In addition to considering the impact.

A

Thank you, director, Lowe city manager, Lewis thank.

L

You mayor I, think the the line of question that mayor Pro, Tim Ward um has is a is a really good um starting point for a discussion of where should our fees be directed to, and certainly Council has the?

L

um It is your prerogative if you would like to direct revenue from a fee into a specific purpose or fund. We can do that. You know I, think the correlation is there. Remember Russell, you know read that in the the, whereas is that we definitely tie this fee to the need to maintain our streets and alleys um and so I think, if that's the prerogative Council, we can do that if I could also address the the average trash truck holds about 30 000 pounds, that's 28 cubic yards when compacted.

L

So if every homeowner is depositing 50 pounds of trash, which I think would be quite a lot in their 96 gallon container, that's three cents per container when it's used so so I think you know, I I would find it hard to believe there would be a correlation between a very minimal increase in this fee and any fees that will be assessed as customers or you know that they would discontinue some additional service.

A

Thank you, city manager, Lewis, any other questions from Council.

A

Member Woodward go ahead.

I

Can we easily go back and check our records and see what the cubic yardage was back in 2011.

I

and compare because I know from what we heard when we were doing looking at the trash hauling for the city? Was a gentleman came up here from I, believe Republic and said? Yes, we utilized the waste transfer station and all the other companies do also and they're picking up, not just Inglewood but all over the place so 2011 it 2011.

I

We could just back into it by using that 50 cents and no get a good idea of how many cubic yards are are were then and then what it is now by what we're receiving based on the lower number.

B

So you want to see the increase from 2011 to 2022 the increase in cubic yards.

I

Correct: okay,.

B

Then determine the rate we're going to set.

I

Correct because if it I'm guessing that it was a whole lot less then, because there isn't the density that there is now.

A

Thank you, member Woodward, anything else. That's it.

G

C

Yeah, it's a member Woodward's point. If the data is available, I'd actually consider seeing it all the way back to the 1980s, um because I I think that's one of the issues I'm having trouble wrapping my head around right now is there's been a significant increase in density and the traffic trucks that are occupying our roads now are the trash trucks rather that are occupying our roads. Now are different in a significant way from the ones that existed in the 80s.

C

You know, 33 000 pounds of trash is a lot different than you know, half that and does not have a disparate impact on the roads, which is what this is intended to provide for and if it does, the fee should be similarly altered um to to account for that.

C

um So on the long term, in the short term, I don't have much of an issue approving this, but in the long term, I would like to see some more data on on that going back to the 80s to see. If we can see if we're accomplishing what we think we're accomplishing.

A

Thank you, mayor, Pro tem. Anyone else.

A

Remember Anderson got.

G

Anything else no C9.

A

Can I get a motion to approve 11 A2, so moved? Thank you, mayor proton could I get a second second. Thank you, member Anderson, any comments. Member.

I

Woodward yeah I would like to increase that from 63 cents to 65 cents cubic yard.

A

So you'd like to make a motion to amend, make.

I

A motion to a man. Thank you. Thank.

A

You, member Woodward, can I get a second I'll. Second, thank you, mayor, Pro Tem. Any comments. Remember Anderson, I'm,.

F

Not um I haven't seen the data to justify that I. Don't think the the CPI really captures all the complexity of the question here, but nevertheless I kind of want to stick with 63 personally, so I'm, not supportive of this amendment. This produces about I.

F

Think if I did my calculations right, the total fee is over a million dollars a year which that's that's a substantial amount amount of money for um for road maintenance since we're looking at spending 3 million a year overall, you know if a third of that is theoretically coming from this, then I feel like they're they're, paying their fair share um at 63 cents.

A

Thank you, member Anderson. Anyone else, uh I'll I'll voice in I also will be a no. You know I'm not opposed to raising this rate in the future, but as of right now, I'd like to see a little bit more data before I move forward with the 65. So uh mayor, Pro, Tem.

C

It's fine, remember, Woodward's logic, compelling uh We've based the calculation to 63 cents on a 10-year calculation, but we're in year 11.. So what is the difference? There.

A

uh Member Anderson.

F

If you run this, the the CPI calculation, starting back in whatever the first year it was, it comes up to like 52 cents, so I, don't you know you can run the numbers a number of different ways but um I, don't you know I think that 65 is or 63 is in line with where it should be based on the original, if we're running it from the original date.

G

H

Russell um I think for right now, um I'd like to stay right where we are because I think there's other ramifications that may be tied together. It'll all come back to the citizens and so I think we should be a little bit careful right now. So I'll.

A

Vote no on the amendment. Thank you. Member Russell, mayor.

C

Pro tem I just want to make sure before I make a decision on this proposed amendment that I understand the math. Remember interesting, can you can you elaborate a little bit more on on how member Woodward's calculation doesn't correlate to what he says it does I think.

F

C

Think member Woodward's.

F

Does if you're just looking at 2012 and 2022, but if you run it from a CPI, you know I just pulled up CPI inflation calculator and ran it from 20 cents in 1987 and came up to 52 cents for 2022..

F

um So you know it's a different approach to get to a different number and one of them comes up lower than 63 and one of them comes. You know this comes up higher, so I don't know. Okay,.

C

So for you it's a compromise of sorts sure.

C

uh Thank you. That's helpful.

G

I

C

I

I'm looking at what it says here: 2.8 percent per year- so if you take 2.8 percent and then add 2.8 percent to every single one year to get the future value of that you're going to come up to I believe 65 cents on 11 years.

I

So that's that's the way I got there.

A

Thank you member. What word anyone else CNN. Can we please vote.

P

Remember: Anderson, nay, remember Noonan, Camp, nah, remember Russell, nay, mayor Pro, tem, Ward, hey, remember, Woodward, hi, mayor Sierra,.

G

P

Let the record show five Nays five Nays one. Yes, it does defeated.

G

A

You uh now we're going back to the original motion. um Any comments see none can.

C

We please sorry a little slow on the update tonight. uh I think this is a good start. um That's how I'll put it. uh I would like to see this topic overall come forward for a study session, where we can really dig in deep on whether or not this bee serves the needs of the city and if there are unintended consequences that come with raising the fee, as member Russell alluded to somewhat uh recently, um but I'm comfortable with this tonight as a as what I would call a good start, foreign.

A

H

Thank you um and and I will support this tonight and um I'm just um and I've already been told, there'll be more verbiage in the next um next time. So thank you.

J

A

See no one else. Can we please vote.

P

Remember Anderson aye, remember Noonan Camp aye, remember Russell aye, mayor Pro, tem, Ward, I, remember, Woodward, hi, mayor Sierra, aye with record show six eyes. Thank.

A

You moving on to 11c. Thank you. Oh thank you, director, Lowe, sorry, moving on to 11c3 council bill or sorry 1183 Council, Bill, 69. uh I'm, ending the Englewood Municipal Code uh established the standard Provisions for City contracts. We have assistant City attorney McDermott here to discuss the changes.

W

Hi, thank you so much mayor, Sierra, mayor, protem, Ward and council members, um so I'm here to address Council Bill 69. So what this would do, um it would amend and Englewood Municipal Code section 4-1-3-4 to establish a municipal Contracting process.

W

um Essentially, the city attorney's office independently negotiates each contract to which the city is a party and certain Provisions require vendor education and some extended negotiation such as compliance with the taxpayer Bill of Rights, which would is something we need to do and we have multi-year contracts or where there's a potential for an option to renew so that we're complying with Tabor allowing for uh termination in the event of non-appropriation of funds in the next fiscal year of that contract life cycle.

W

Also on the city, indemnification, a lot of vendors, insist on indemnification, Provisions or the city is essentially obligated to third parties, which is something that we push back against and argue that allowed for under Colorado law. That's something that requires a lot of education and also a certain choice of law provisions and vending Provisions that are outside of Colorado. So with this ordinance would do. It would establish these certain of these contact Provisions to be part of Municipal Code and also to prohibit certain other Provisions up from being within our our contracts.

W

So for the required Provisions I mentioned a number of them already compliance with the taxpayer Bill of Rights for allowing for termination in the event of non-appropriation Clauses in our contracts that make clear that the city's tax exempt from certain property sales and use taxes, a procedure regarding assignment of the contract, um that the contract is binding on successors and interests, an independent contractor provision which defines the relationship between the parties between the city and the vendor, or contractor making clear that they're, not an employee that also third-party beneficiaries, that any contractual agreement would not be enforceable on any third parties that, additionally, that should, if the contract is in response to a city, solicitation, the vendor or contractor's response to that solicitation, would be incorporated by reference into the terms of the city contract.

W

Also that any modifications of the contracts would require a writing Additionally. The provisions would require a choice of law, provision being Colorado and also venue being in Arapahoe County. A section regarding compliances making clear that the vendor or contractor would be required to comply with state federal law.

W

Of course, Majora provision that allows for termination in the event of events that are outside of the control of different parties of the contract that the contractor or vendor cannot find the city and then an indemnification provision that would require the contractor or vendor to be done by the city to the fullest extent required by law. Additionally, this ordinance would have certain categories of Clauses that would be prohibited within our city contracts, such as any attempt to reallocate risk.

W

That's contrary to the common law or statute, such as like limitations on Damages that could be recovered in the event of a breach also than any attempt to require the city to indemnify or hold harmless. Another party would not would be void and then, additionally, any attempt to require binding arbitration or any kind of dispute resolution. That's outside of a court process would not be um what would be struck as void.

W

So overall, we believe that this would lead to a more efficient process of negotiating contracts. It would reduce uh City liability and exposure to certain kind of claims arising out of contractual agreements. It would also reduce the length of our contracts in terms and conditions by having us be able to reference the code and incorporating that by reference into our contracts. So with that, um we would ask that you consider adopting this ordinance to amend Englewood Municipal, Code, section, 4-1-3-4 and I am happy to answer any questions. Thank.

A

You Miss McDermott for that overview, uh member Russell. Thank you so.

H

Currently, in the contracts that we have, are they standard contracts that we have now.

W

So the city does have standardized contracts, but oftentimes we um will be required to negotiate off of vendor contracts in their forms, which is where we get into this extended back and forth in our current standardized City contracts. We do include these Provisions that we are seeking to include a municipal code.

H

Okay, so this would shorten the contracts. I mean it's not just going to make it easier um for staff to negotiate it's going to make it.

W

It would it would streamline our current documenting.

H

Process, okay, all right! Thank you very much. I appreciate.

W

It you're very welcome.

H

G

C

I I have a question in regards to section one: paragraph e, H and I think the thing that I'm having trouble wrapping my head around is you know, there's a certain.

C

The purpose of a contract is to come to agreement between parties on you know, what's to be what services to be provided for, how much and when and etc, etc, and uh paragraph e specifies that any contract entered into a buyer on behalf of the city that conflicts with any provisions of the ordinance uh the ordinance prevails, and this seems to take away some of the flexibility or even all, of the flexibility of the Contracting process, where we could have a vendor approach us and say we have this product that we know you want.

C

But this provision of the city code, which is required for all of your contracts, is not okay with us and we don't have a way absent, passing an ordinance to change that particular provision of city code to deal with that vendor.

W

I appreciate the question and thank you for it. I left my copy of the ornaments at my desk, but um we also have a provision in there that specifies that if we have specifically uh included this in response to solicitation or otherwise thank you very much city manager, Lewis or otherwise, um specifically agreed to go against uh or or modify the con, the um our requirements by agreement that we would um be able to to do so so I'm, sorry I'm, just going to E.

W

Yeah, as drafted an earlier section of um of the ordinance, it was intended to be clear that if we were yes, if we put this in this solicitation, that we would be agreeing to to terms outside of the of the ordinance.

W

Does that help answer your question I'm trying to find it as well I, just I know it's in there. I just have to go to find it.

C

A c C12 responses to solicitation.

W

Well, that was to incorporate them by reference.

W

I'm sorry on section D, unless we've specifically waived or amended by written agreement with reference to the subsection below or if we've included it in a city solicitation, um then these prohibited these other um one through eight would be prohibited terms. So we can, by contract, specifically agree to a contractual provision that we are otherwise working to prohibit.

A

Any further comment on that mayor pretend I, know you're reading through the language now so.

C

Yeah not being an attorney being a Layman. It's it's difficult for me to challenge the attorney's interpretation of section D. It's just the The Way section e reads: it reads so absolute!

C

uh So maybe it's just by reference to section d.

C

You know it says the provision contained within this section shall Prevail and the conflicting provision in the contract shall be null and void and unenforceable as to the city. That's pretty strong language and pretty direct.

W

I agree that that is strong language and is direct, but because our the should this uh pass with what the code would then also say, is that unless you've specifically waived or amended by a written agreement with reference and subsection so.

D

W

Like a procedure within the code itself to take us out of that subsection e language, okay,.

C

That that answers the question to sufficiently for me thank.

W

You, okay and thank you for the question, I think it's very important to clarify that.

A

Thank you, mayor, Pro tem. Anyone else see now can I get a motion to approve 1183 I'll move 1183. Thank you, member Woodward could I get a second.

A

Thank you, member Anderson, any comments.

A

Seeing now can we please vote.

P

Remember Anderson aye, remember noonicamp.

E

P

Member Russell aye mayor Pro, tem Ward.

O

P

Member Woodward aye mayor Sierra aye, the record, show six eyes. Thank.

A

You uh moving on to 11c1 the fees and rate schedules. We have Director of Finance Jackie Lowe, talking fees.

B

Good evening, mayor council, again I'm asking Council to approve the comprehensive 2023 fee and array schedule resolution we discussed earlier that currently there are two rays are required by approved by Ordinance. One is storm water utility fee. The other is a waste Transfer surcharge. So in your pocket you will see two attachments attachment. One is comprehensive rate and fee schedule and attachment. 2 is just showing the adjustment and also I gave you a hard copy before the beginning of the meeting, because we need to update the fees and rate for code enforcement.

B

There are four different rates that need to be included, updated in the attachment, A and A B.

B

So also in your packet, you will see the total the change, how the impact on the general fund and water fund and Sewer fund, so we're asking you to approve this comprehensive list by resolution and all the directors who have the responsibility for budgeting revenues are present tonight. So we welcome your comments and questions.

A

Thank you, director, Lowe, any questions from Council uh member nunenkamp.

E

For me to ask this, one is under Community Development I noticed that our short-term rental permit fee is increasing from 300 to 400, which is a pretty big increase.

E

um Can you just speak to why that increases being suggested? Yeah.

B

Do we have any representative from Community Development?

B

So no, we cannot speak into that answer. That question I.

E

Can ask another one while we're waiting.

E

E

um I just one other question: uh this is small, but the Pirates Co fees I see that we're raising admission fees and I think we also raised them last summer.

E

um Does this apply only to daily admission rates and for residents and non-residents, or does it also apply to annual um classes season passes.

V

Christine Underhill, director of parks, recreation, library and golf and for Pirates Cove, it's admission fees that we are raising, so anything under emissions will go up slightly to help cover some of the raising costs for labor charges and overall maintenance of that. So it looks like the current rate. We are. It varies between nine and Seventeen dollars, so that would be our daily fees coming in and we're only going up a dollar. So it's not a huge increase and it's not for the passes. It's just for a daily rate.

E

And it will apply to Residence in non-residents.

D

E

Okay, that's helpful and then just the other question, but that's all thank you.

A

Any other questions, member Russell.

H

Thank you. um I have a couple of questions, so this is on attachment. B I think it's probably on the first page, um the first one is Code Enforcement re-inspection fee, and this is a new fee so who is charged and what is that for the reinspection fee.

R

Re-Inspection fees are intended for those properties that we have to visit multiple times to gain compliance. The first two inspections that are included in code would be at no charge. Excuse me, but we are running into properties where we're needing to do. We had a case that we had to do 18 inspections, and so this is also to help offset the expenses of the code enforcement inspections when we're having to do multiple.

H

So when, when you do 18 inspections, doesn't that end up becoming a nuisance, then.

R

um It's part of the court process um as a case moves forward. We try the court and us try to allow for voluntary compliance, but every time we go back out, it is normally deemed already a nuisance as part of that process. Okay,.

H

I appreciate that and and I can totally understand that if they don't clean it up right away, they should have to pay for that. Thank.

R

H

All right, thank you, um then I just I have a couple more questions so on the next one is the golf course fees the green fees. It says the current rate varies between three and forty two dollars per round. Then they, it says the fee increase is one to five dollars and then the fees and rates effective, January 1st of 2023 varies from three to forty six dollars. Why. Didn't it go like from 4 to 47 dollars.

V

That's a great question: um it probably should and we'll make that correction. Okay,.

H

V

Look into that I, don't um that may just be a entry entry correct in that statement.

H

Okay, thank you and then I have another one. This is uh this. Is Community Development, um it's down on that same page, it's other fees, re-inspection fee, and it says the current is 55 dollars per hour. The proposed increase is 22 dollars per hour and then it says the fee and rate effective January 1st is 75 dollars per hour. I think it should be 77 dollars per hour or twenty dollars per hour. Is the projected increase?

H

It's about the fourth one from the bottom.

B

You're looking at attachment, B.

H

Attachment B on the first page under Community Development other.

B

H

Other? Yes, other fees, no wait! A second other fees, yes, re-inspection fee, correct, increase.

B

By twenty two dollars right.

H

Okay, I think that's all I have now yeah.

A

Any other questions from council member uh sorry, city manager, Lewis go ahead. Thank.

L

You mayor and to member Noonan Kim's question um and I apologize. We do have a Community Development rep, that is monitoring but recovering from covet, so I'll answer for them. um We uh have really seen at least a 50 increase in staff time taken on compliance, and certainly we have more airbnbs or short-term rentals, I should say, but proportionately we are spending much more time in 2022 have um than we did in 2021.

L

Ensuring compliance I think there was a Reliance on our vendor, who does our some of our processing of the program to do some of that compliance, and that has proven to not be effective in obtaining compliance. So we can guarantee at least a 50 increase in staff time from previous years, and and so really probably, this is still low in terms of how much cost recovery we're actually doing with these permits.

A

Mayor Pro, Tem.

C

I'd like to go back to the code enforcement reinspection fee for a moment, so I'm trying to get my head around the process there and I know it was described. But uh let's just assume for the sake of argument that I get my annual congratulations. You have weeds in the alley you never going to notice on my door from code enforcement and I is that inspection, one or so I have seven days to take care of those alley.

C

Weeds and then code enforcement comes back around and that's inspection two, but if I don't clear those weeds, then I get the posting notice, which says you get 30 days or you have to go to court. Isn't that our current process.

R

So we've actually streamlined the weed process to be more compliant. So you'll get the friendly reminder of we're out giving you the notice. You have seven days we go back out, then you have 14 days so we're looking at about 21 days. If we go back out on the third inspection and you're not compliant we're actually sending weed for abatement. So we've been invading weeds. This Summer Okay.

C

So, let's assume that it's a case, that's not subject to abatement. Yes, administrative abatement. I, don't know, can you can you provide me a quick example of something.

R

Let's go ahead and take like um a couch on someone's, fro, okay front lawn.

C

Yeah, okay, that's a good example, um so inspection one is the they drive by and they see it. They give me the friendly reminder: you can't have furniture on your front yard, uh then seven days, inspection, two and then 14 days, 14.

G

C

Notice, and that would be inspection three at that.

R

Point so then you would go into inspection three. If inspection three you're found to be in compliance, then there would be no fee, but we would have to move that forward for an additional inspection after that to make sure that you're compliant. So we have to verify at that 14-day period, whether or not you're compliant.

C

So you're going to issue a summons if I'm not.

R

So that will be part of the process and then we would be ordered by the judge to do follow-up. We have to be the eyes of the Court as well um to monitor process as it moves forward. Okay,.

C

And I guess: that's sort of the Crux of my question. Right is.

C

There's already going to be some penalty for non-compliance, presumably in the Municipal Court and now we're prescribing another presumed penalty. That is again presumably at the discretion of the municipal judge, whether or not it gets charged because he does have authority to waive fines, so I'm I'm, I, guess I'm having trouble wrapping my head around the actual purpose of the is: is this supposed to be additional Punishment No.

R

It's it's cost recovery for the staff time that is needed to go out and continue to do the re-inspections um as as part of this process, and just to remind you we're at 97 compliance rate with that 21 day period, so we're looking at the properties that are the worst offenders. It's not just a couch we're talking about loads of trash outdoor storage abandoned vehicles. So it's it's really just an added measure. As we follow the process through most of those significant nuisances, we don't Abate we're not able to do so.

R

We're really trying to to recover the costs that it that a staff person would need to go out there inspect document, and then we would have to go back out to make sure that there's Rec, that there is compliance at some point.

C

Okay- and this would be something then as I understand it, because a lot of those people money is one of the issues it's not always, but it can be. This would just be something that we would add to the lean when we foreclose on the case in court, essentially.

R

C

All right, I think I understand um right that that's helpful. Thank you.

A

Any other questions from council member noonkamp.

E

Actually, uh with liquor licensing, can you speak to those changes? Why we're reducing the fees? What is the per specific line item? It's the top three rows of the first page of attachment B. It's.

B

A Administration yes,.

P

I will have there should not be any reduced reduction of fees. Oh city managers at this manager change fee that was 75. Now it's 30. and that's which fee are you speaking of I'm.

E

Looking at new liquor license current rate 50 dollars new rate, one thousand.

P

Yeah, um the liquor fees are established by state and every year because they have to balance their budget, they go, they fluctuate right now, that's what the fee is. It could go up January 1st, but we won't know yet.

A

Any other questions see now can I get a motion to approve 11c1.

E

I moved to approve 11 C1 thank.

A

You, member noonicam, could I get a second I'll. Second it thank you, member Woodward, any further comments. Seeing none can we please vote.

P

Member Anderson aye member nunenkamp aye member Russell aye mayor Pro, tem, Ward aye member Woodward, aye mayor Sierra aye, with the record, show six eyes. Thank.

A

You director Lowe on the uh discussions tonight moving on to Mayor's Choice. We do have an executive session tonight for personal matters under CRS, section 24 6402 for F1, regarding review of the city manager and City attorney salaries.

A

uh Let me get my paperwork here. So I moved to go into executive sessions tonight for personal matters under CRS, section 24 6402 for F1, regarding review of the city manager and city attorney's salaries present at the executive session of the following persons: Mayor Nathaniel, Sierra, mayor Pro, tem, Stephen, ward, council members, Rita Russo, Joe, Anderson, Chelsea, noonkamp and Jim Woodward, as well as Director of Human Resources Sean. Weiske may I have a second second.

A

Thank you mayor, Pro tank. Can we please vote member.

P

Anderson aye member Noonan, Camp aye member Russell, aye mayor Pro, tem, Ward, aye member Woodward, aye mayor Sierra, aye. Let the record show six eyes. Thank.

A

You everyone. We will now exit this meeting and recommet in the Pikes Peak room on the third floor.

A

A

Yeah, how are you doing buddy, yeah, okay,.

L

L

Wednesday Thursdays.

L

L

Sean, are you going to meet with us? No I'm not allowed uh-huh.

V

V

I

I

All of us have.

D

D

Doesn't matter.

D

L

L

O

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D

D

D

D

D

D

You must have because.

D

D

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A

All right all right, we're back everyone, The Time, Is, Now, 10, 21 and the executive session has been concluded. President at the executive sessions were the following persons: mayoral Daniel Sierra, mayor Pro, Town, Stephen, ward, council member Rita, Russell Joe Anderson, Chelsea noonkamp and Jim Woodward and Director of Human Resources Sean, weiske I, moved to close the executive session may I have a second thank you mayor protection. Can we please vote.

P

Mayor Anderson- oh my goodness, remember: Anderson aye member noonicamp, aye member Russell, aye mayor Pro, tem, Ward, aye member Woodward, aye, mayor Sierra, aye, six eyes. Are you a mayor.

A

For the record, if, if any person who participated in the executive session believes that any substantial discussion of any matter is 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 of violation of the open meetings law I would ask that you state your concerns for the record all right. Everyone uh for me's choice, I, don't have anything else for tonight, so open it up to Council Members Choice, mayor Pro, tem.

C

Just one item I wanted to mention the Holiday Market that took place at Mali on Saturday I went this year first time ever. That thing is huge and it's really awesome. So uh congratulations to our City events team for pulling off yet another good one and uh finding a place for me to spend my weekly or bi-weekly council salary.

A

Thank you, mayor, Pro tem. Anyone else see nine city manager, support.

L

Thank you mayor just a reminder that the city offices will be closed for Veterans Day on Friday, also I'll be going back to Texas on Thursday and uh acting city manager will be Tim, Dodd and I'll be returning Sunday night, so hope everyone has a safe and enjoyable Veterans Day. Thank.

A

You city manager, Lewis and with that this meeting is now adjourned. Everyone we'll see you guys next week.