HomeMy WebLinkAbout2021-09-27 (Special) Meeting Agenda Packet
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1000 Englewood Parkway - 2nd Floor
Community Room
Englewood, CO 80110
AGENDA
Hybrid City Council Special Meeting
Monday, September 27, 2021 ♦ 6:00 PM
Council dinner will be available at 5:30 p.m.
This City Council Special meeting will be a hybrid meeting. City Council, staff, and the public
are welcome to attend the meeting either in person or virtually.
To view the meeting, please follow this link to our YouTube live stream link:
https://www.youtube.com/watch?v=3q4xceBym6E
I. Call to Order
II. Pledge of Allegiance
III. Roll Call
IV. Recommendations for Code Enforcement Advisory Committee - Direction - 6:00 to 6:25 p.m.
a. Chair of Code Enforcement Advisory Julie Bowden along with Vice-Chair Green and
Member Dickerson will be present to discuss the Code Enforcement Advisory
Committee recommendations to change EMC 11-5.
Presentation: 10 minutes
Discussion: 15 minutes
IVa
V. Innovative Housing Strategy Planning Grant - Information and Direction - 6:25 to 7:05 p.m.
a. Director of Community Development Brad Power, Planning Manager Wade
Burkholder; and Senior Planner Brook Bell will be present to Discuss and receive
direction on an application for a DOLA Innovative Housing Strategy Grant
Presentation: 10 minutes
Discussion: 30 minutes
Va
VI. Monthly Financial Update - Information - 7:05 to 7:15 p.m.
a. Director of Finance Jackie Loh will be present to discuss with City Council the monthly
financial report.
Presentation: 5 minutes
Discussion: 5 minutes
VIa
Page 1 of 95
Englewood Hybrid City Council Special/Study Session Agenda
September 27, 2021
Please note: If you have a disability and need auxiliary aids or services, please notify the City of Englewood
(303-762-2405) at least 48 hours in advance of when services are needed.
VII. Break - 7:15 to 7:25 p.m.
VIII. ARPA Fund Discussion - Information and Direction - 7:25 to 8:20 p.m.
a. Assistant City Manager Tim Dodd and Director of Finance Jackie Loh will be present
to discuss a list of projects on which ARPA funds could be expended.
Presentation: 10 minutes
Discussion: 45 minutes
VIIIa
IX. Discussion of Public Consumption Areas - Information and Direction - 8:20 to 8:45 p.m.
a. City Attorney Tamara Niles will be present to discuss the Public Consumption areas
within the City of Englewood, previously authorized in response to Covid-19 effects on
commerce.
Presentation: 10 minutes
Discussion: 15 minutes
XIa
X. Reports from Board and Commission Council Liaisons
XI. Council Member’s Choice
a. Executive Session for a conference with the City attorney for the purpose of receiving
legal advice on specific legal questions under C.R.S. Section 24-6-402(4)(b);
XIa
XII. City Manager’s Choice
XIII. Adjournment
Page 2 of 95
STUDY SESSION
TO: Mayor and Council
FROM: Maureen Williss
DEPARTMENT: City Attorney's Office
DATE: September 27, 2021
SUBJECT: Recommendation for revisions to EMC 11-5 Tree and Shrubs
DESCRIPTION:
Julie Bowden, Chair of Code Enforcement Advisory
Committee will present recommendations to change EMC 11-5
RECOMMENDATION:
Code Enforcement Advisory Committee has submitted recommended changes to EMC 11-5
Tree and Shrub Code in a memorandum to City Council Liaison Rita Russell.
PREVIOUS COUNCIL ACTION:
None.
SUMMARY:
The Code Enforcement Advisory Committee met and discussed changes to EMC 11-5 on the
following dates:
February 18, 2021; March 17, 2021; April 21, 2021; June 16, 2021 and August 18, 2021. At
their June meeting the details of the recommendations were approved. August 18, 2021
meeting the memorandum to the Council Liaison was finalized.
ATTACHMENTS:
Powerpoint presentation
Letter to City Council Liaison Rita Russell
Page 3 of 95
1
MEMORANDUM
To: City Council Member Russell, Liaison to Code Enforcement Advisory Board
From: Code Enforcement Advisory Board
Date: August 18, 2021
Subject: Recommendations for revisions to EMC 11-5 Tree and Shrubs
We reviewed the existing code in detail both prior to and since we became aware of the
impending infestation of the Emerald Ash Borer (EAB), which will start affecting our tree
canopy sometime in the next couple of years.
We have incorporated input from Code Manager Lewis, Open Space Manager Dave Lee,
Englewood citizens, and other resources into our recommendations.
Included in this email is a high-level summary of the aspects of the code that we
considered and investigated for potential changes, a summary of the parts of the code
where we recommend considering changes, and a copy of the Tree City USA standards.
High-level summary of the things we considered as we determined what
recommendations to make regarding code changes:
● City authority to come onto private property or enter private property without
warrant to inspect trees - No change necessary.
● Make sure diseased and dying trees in public rights of way are addressed.
● License those who cut, prune, or remove trees - No change necessary.
● Encourage diverse trees be planted.
● Enforce use of arborist (when work not performed by homeowner).
● Provide written notice to affected property owners if disease is discovered.
● Issue ‘Emergency Notice’ for diseased tree.
● Issue ‘Written Warrant’ to residents who do not maintain ash trees.
● Update as necessary to satisfy the four standards for Tree City USA recognition.
● Englewood is currently listed but doesn’t currently satisfy all the requirements.
Questions:
Does the City require permits for the right of way?
What authority does the property owner have over rights of way?
Who has control and authority over the right of way?
Who authorizes the planting of trees and or plants in the right of way?
Summary of the areas where we recommend code changes:
11-5-2: Add/Modify definitions.
● Changes as appropriate (as related to other enacted changes).
Page 4 of 95
2
11-5-3: Establish (re-establish) appropriate authority definition to satisfy Tree City
USA requirements and protect public trees, encourage and assist property
owners in planting and maintaining trees.
● Tree City USA Standard 1 – Tree Board or Department.
● Add goal and purpose to clarify importance of tree canopy.
11-5-5: Protect trees in right of way.
● Clear up definitions to make it clearer what the rules are regarding ROW
responsibilities between city and citizens.
11-5-6: Update tree/shrub code part about dealing with preservation and removal
● Utilize already established title 15 nuisance process instead of separately defined
more complex process.
● Clear up and simplify citizen vs city responsibilities.
● This also touched on ROW .
11-5-8: Modify Prohibited Acts to make possible to manage what trees are
allowed and are allowed to be prohibited.
● Specify dead and/or dying trees are subject to removal as well as prohibited
trees.
● Consider adding that when a dangerous, dead, or dying tree is removed by
action of the City, that the City shall charge the responsible homeowner for the
cost. Responsibility for the tree can be established AFTER the removal of the
tree to prevent injury or death or property damage.
● Make it clear that enforcement staff has the duty to effect removal of dead and/or
dying trees, especially the "prohibited” ones, if property owners refuse or fail to
respond.
● Make sure to cover ALL ash trees.
● Update definition of “mature” trees to be appropriate.
● Update what trees are not allowed.
● Note that related changes may be necessary in:
Unified Development Code: Development Standards 16-6-7
● Consider ordinances which encourage property owners to take care of existing
desirable trees (not prohibited trees) and to plant with consideration of mature
size and not invasive to sewer lines.
● All Ash to list of Prohibited Species and Materials
We are focused on accomplishing the stated goals though, and not necessarily attached
to the specifics of the detailed recommendations. We recommend that the city attorney
review and edit the code as appropriate to accomplish the stated goals. We have many
notes regarding the current code that reflect our suggestions for how the code could
potentially be modified that we can share with the city attorney should they be helpful.
We hope the goals as stated are clear and welcome any questions, ideas, and other
recommendations for us to discuss and incorporate.
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3
Thank you for your consideration.
Sincerely,
Julie Bowden
Chair, CEAC
Page 6 of 95
Preparing for EAB Infestation
Code Enforcement Advisory Committee (CEAC)
September 27, 2012
Page 7 of 95
1.Review Municipal Code Change Process
2.A Reminder: The Emerald Ash Borer (EAB) Issue
3.CEAC Actions
4.CEAC Recommendations on Tree/Shrub Municipal Code
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CEAC Municipal Code Change Process
CEAC focus is on primarily Title 15, some of 6, 7, 11, 12
1.CEAC sends recommendation to City Council Liaison
2.City Council Liaison and CEAC present recommendation to City Council
3.If Council agrees, Council directs city attorney to work with CEAC to address recommendations and put into legal language
4.City attorney presents draft ordinance to Council for vote
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1. The EAB Issue
•EAB is considered the most destructive tree insect pest ever to be introduced into North America
•EAB attacks and kills both stressed and healthy ash trees
•There are more than 22,500 ash trees on private property in Englewood
•EAB has been confirmed in Boulder, Gunbarrel, Longmont, Lafayette, Lyons, Superior, Arvada, Broomfield, Westminster, Erie and unincorporated Larimer County
•EAB is expected to spread into Englewood within the next 3 to 5 years
•Ideally, ash trees need to be removed or treated before infestation occurs
Our tree canopy is at risk Page 10 of 95
2. CEAC Actions
•Understand EAB threat and steps to take to prevent, mitigate and respond to an infestation
-Met with staff to learn about EAB and existing tree/shrub Englewood Municipal Code (EMC)
-Researched neighboring cities on EAB strategies and municipal code –Denver, Boulder, Lafayette, Westminster, Longmont, Broomfield
-Reviewed resources on EAB –Colorado State Forest Service, CSU
•Conduct needs analysis for property owners and the City
•Work with Communications Department on educating the community and building resources
•Evaluate tree/shrub code
•In Progress -Identify City programs/resolutions to help property owners save mature, healthy ash trees or remove and replace ash trees
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Needs Analysis
Summary of the key considerations:
•Communication to ensure residents are aware and prepared
•City authority to enter private property to inspect trees (must have a court-ordered warrant)
•Provide written notice to affected property owners if disease is discovered
•Code Enforcement has the authority to effect removal of dead and/or dying trees, especially the "prohibited” ones, if property owners refuse or fail to respond
•Issue ‘Written Warrant’ to residents who do not maintain ash trees
•When a dangerous, dead, or dying tree is removed by action of the City, the City may charge the property owner for the cost
•License those who cut, prune, or remove trees and enforce use of an arborist
•Ensure diseased and dying trees in public rights-of-way are addressed
-Who has control and authority over the right of way? (City)
-What authority does the property owner have over rights of way? (maintain, trim, spray, remove, plant, prune and protect all plants located on public right of way adjacent to property)
-Does the City require permits for the right of way? (not for routine maintenance, contractors yes)
-Who authorizes the planting of trees and or plants in the right of way? (property owner)
•Encourage diverse trees be planted
Many of these are addressed with current code, however, there are several changes we
recommend to protect Englewood’s tree canopy and encourage property owners to plant and
maintain healthy treesPage 12 of 95
3. Recommended Changes to Code
1.Prohibit ash trees
2.Clarify and simplify tree preservation and removal procedures
3.Protect trees in right-of-way (ROW)
4.State Englewood’s commitment to tree canopy Page 13 of 95
1.Prohibit Ash trees
11 -5-8: Prohibited Acts, Conditions
•Add Ash trees to list of prohibited plantings
•Correct the definition of “mature” trees
16-6-7: Unified Development Code: Development Standards
•Add Ash trees to list of Prohibited Species and Materials
Page 14 of 95
2. Clarify/Simplify Tree Preservation and Removal Procedures
11 -5-6: Preservation and Removal Procedures
•City-ordered tree preservation and removal applies to prohibited trees as well as dead/dying
trees on public or private property
•Clarify property owner versus city responsibilities for preservation or removal, including ROW
The City also has the right to plant, prune, maintain and move trees in ROW to ensure public
safety.
Make it clear that Code Enforcement has the duty to effect removal of dead/dying trees if
property owners refuse or fail to respond.
•Utilize the already established Title 15 nuisance abatement process instead of more complex
penalty process Page 15 of 95
3. Protect Trees in Right-of-way
11 -5-5: Property Owner's Responsibility for Public Right-of-Way
•Add/Update definitions to clarify ROW responsibilities between the city and property owners
-Private Property
-Public Property
-Right(s)-of-Way
-Trees
-Arborist
Page 16 of 95
4. State Englewood's Commitment to Tree Canopy
11 -5-1:
•Add goal and purpose to emphasize importance of tree canopy
•Establish authority for trees in Englewood; currently, Parks and Recreation Commission is
responsible for the care of trees on city-owned property
•Encourage property owners to plant and maintain diverse and desirable trees through
programs, assistance in purchasing, selecting, planting and maintaining trees in order to
expand the tree canopy
Page 17 of 95
Questions and/or Comments?
View of Corona St.Page 18 of 95
STUDY SESSION
TO: Mayor and Council
FROM: John Voboril, Wade Burkholder
DEPARTMENT: Community Development
DATE: September 27, 2021
SUBJECT: Innovative Housing Strategy Planning Grant
DESCRIPTION:
Discuss and receive direction on an application for a DOLA Innovative Housing Strategy Grant
RECOMMENDATION:
The Community Development Department seeks authorization from city council to apply for an
Innovative Housing Strategies Planning Grant from the Department of Local Affairs (DOLA) to
fund the completion of a comprehensive community housing needs assessment and
development of five, more or less, qualifying housing strategies as provided by the State of
Colorado in House Bill 1271 in coordination with the CodeNext project.
SUMMARY:
In late June, Governor Polis signed into law House Bill 21-1271 which established several
programs offering state assistance to local governments to promote the development of
innovative affordable housing strategies in a manner compatible with best local land use
practices. One of the programs is the Innovative Housing Strategies Planning Grant. Staff is
requesting city council direction to submit a planning grant application to assist with the
assessment of future housing policies in association with CodeNext, the comprehensive revision
of the city's development code.
ANALYSIS:
The new legislation that was signed into law (HB 21-1271) includes the following three
programs. Please note that the only program currently open for applications at this time is the
Innovative Housing Strategies Planning Grant through the Department of Local Affairs (DOLA).
1. Housing Development Incentives Grant Program. This program will provide grants to
local governments that adopt not less than three policy and regulatory tools from among
a menu of options that create incentives to promote the development of affordable
housing. A local government that adopts such tools is eligible for a grant from the
housing development incentives grant program as an incentive to develop one or more
affordable housing developments in their community that are livable, vibrant, and driven
by community benefits.
2. Innovative Housing Planning Grant Program (IHOP). This program will provide grants to
local governments that lack one or more of the policy and regulatory tools that provide
incentives to promote the development of affordable housing that forms the basis for a
grant under the housing development incentives grant program and that could benefit
Page 19 of 95
from additional funding to be able to create and make use of these policy and regulatory
tools. Money under the planning grant program will be available to a local government to
enable the government to retain a consultant or a related professional service to assess
the housing needs of its community or to make changes to its policies, programs,
development review processes, land use codes, and related rules to become an eligible
recipient of a grant under the housing development incentives grant program.
3. Housing Toolkit Program. This program creates the housing toolkit program within the
division of housing (DOH) within DOLA. The purpose of the housing toolkit program is to
award funding to qualified counties, and municipalities, and federally recognized tribes
within the state selected in a competitive process that commit to the adoption of best
land use practices with demonstrated success in the development of affordable housing.
Under the housing toolkit program, technical assistance will be provided by consultants
and related professionals to local governments that demonstrate an understanding of the
housing needs of their communities, take steps to engage their entire communities in
this process, make changes to their land use codes and related processes that provide
incentives and reduce barriers to the development of affordable housing, obtain and
support viable sites in their communities for the development of affordable housing, and
attract developers committed to making such investments in their communities.
The Community Development Department is preparing a two-part planning grant submittal as
part of the CodeNext project. The first part of the grant will be to conduct a comprehensive
housing needs assessment throughout the community which will focus on:
• compilation and evaluation of specific demographic data;
• economic characteristics and trends;
• current housing inventory and characteristics;
• government policies and incentives;
• evaluation of vacant and/or underutilized opportunity sites within the city;
• the adequacy and availability of selected community services; and
• collecting the input of area stakeholders and residents.
The assessment will provide analysis of the current housing inventory in the city and quantify
the number of housing units needed in the market by rentals vs. for-sale, price point, bedroom
type and market segment (e.g. families, seniors, disabled, young professionals, etc.).
Furthermore, recommendations on how to achieve certain housing goals and recommendations
on potential housing policy initiatives that would benefit the local housing market will be
generated. In instances where a community has available land that could be used to develop
new housing or the adaptive reuse of existing structures, site-specific analysis can also be
included as part of an overall housing needs assessment. An analysis will be conducted on
submarkets or select neighborhoods within Englewood.
The housing needs assessment will further be customized to meet the specific needs of
Englewood stakeholders once a scope of work is developed upon successful award of the
grant.
The benefits of a housing needs assessment are broad. A housing needs assessment may be
used by local governments to identify housing issues and solutions that can be used to make
strategic decisions related to the housing market and is often used as a basis for future housing
and policy decisions or to secure financing for various housing programs and projects.
Page 20 of 95
Assessments can also be used by social services organizations to understand housing issues
specific to their interests and allow them to focus on ways to meet the needs of certain special
needs populations (e.g. homeless, disabled, senior, etc.). These assessments are also used by
private developers and non-profit entities to identify areas of development potential so that they
can strategically develop the types of housing most needed in the community. The assessment
will also be developed to enable local leaders and residents of the community to provide
valuable insight as to the housing challenges they see in the market and help interested parties
understand where focus should be placed on addressing such challenges. A housing needs
assessment provides the information and tools for a variety of entities to make data-driven
decisions about the area’s housing needs.
The proposed Englewood Housing Needs Assessment will be utilized in recommending specific
changes to the Unified Development Code and will develop strategies for future applications for
grant funds related to affordable housing in Englewood.
The second portion of the grant submittal focuses on specific strategies the CodeNext project
team will explore further with the steering committee and citizens of Englewood and recommend
as part of the new Unified Development Code. House Bill 1271 established a list of 14 housing
strategies to consider for implementation; a minimum of three strategies must be included within
the grant application for further exploration. Implementation of three of these strategies is an
expected outcome of the grant and DOLA will be monitoring the progress made with each
grantee related to the strategies chosen.
The strategies outlined in Attachment 1 have been identified by the State of Colorado. Three of
the strategies are already provided for in current Englewood development codes (Box A), as
part of the grant application. Staff proposes consideration of the five strategies listed in Box B.
The remaining strategies (Box C) could be incorporated into the overall CodeNext project.
However, staff does not recommend pursuing these strategies as part of this specific grant
application.
City Council may direct staff to change the proposed strategies, eliminate certain strategies, add
a strategy, or move strategies from one category to another.
Each municipality may also propose innovative strategies of their own which are not listed as
part of the 14 established by the state. One such strategy that is already being included in
CodeNext is revising the definition of household to permit more than two unrelated persons and
their children living together in a dwelling. Due to the fact that this grant is tied closely to the
CodeNext project, the overall strategy of the grant could be implementation of measures that
would be appropriate for inclusion in the development code, mixed with more long-term policy
and regulatory discussions that would more directly affect the construction or preservation of
existing affordable housing units within the city.
CONCLUSION:
Staff is seeking city council direction on the submittal of this Innovative Housing Strategies
Planning Grant. If directed, staff will submit a resolution of support for the city's application to
DOLA for council's consideration at the October 4 meeting. In addition to support for submitting
the application, staff is seeking council endorsement of the five housing strategies to pursue as
part of this grant process.
Page 21 of 95
City council may direct staff to change the proposed strategies, eliminate certain strategies or
move strategies one category to another.
FINANCIAL IMPLICATIONS:
DOLA anticipates individual grant awards to range between $50,000 - $200,000. A minimum of
a 25% local match of the total project cost is required. Staff is preparing a grant request not to
exceed $160,000, equating to $120,000 from DOLA and a local match of $40,000. The city
match will be utilized from Fund 46 Housing Enterprise Fund which currently has a balance of
$1,088,000.
In order for the grant to be more competitive with applications from other entities the city should
consider an overmatch. A 50% city match of $80,000 with a 50% DOLA grant award of
$80,000 for a project total equaling $160,000 could be viewed more favorably by the DOLA
review committee as it would indicate a higher level of commitment to the work being
conducted.
CONNECTION TO STRATEGIC PLAN:
This action furthers the Neighborhood goal of ensuring affordability and the Local Economy goal
of assessing the development codes bi-annually and modify as needed.
OUTREACH/COMMUNICATIONS:
Staff met with Lindsey Gorzalski Hocking of Innovative Housing Concepts to discuss this grant
opportunity and the strategies as presented by the State of Colorado. Ms. Gorzalski Hocking is
supportive of the proposed strategies as listed and fully supports submittal of this planning grant
to DOLA.
ATTACHMENTS:
Attachment 1: Innovative Housing Strategies established by the State
Attachment 2: 2021 HUD Income Limits
Attachment 3: HB 1271 DOLA Innovative Housing Strategies Planning Grant FAQs
Page 22 of 95
Innovative Housing Strategy Grant
A. Existing Strategies Identified by the State Enabled in Englewood Codes
1. Classification of a proposed affordable housing development as a use by right when it meets the
building density and design standards of a given zoning district.
2. Allowing planned unit developments with integrated affordable housing units.
3. Allowing the development of small square footage residential unit sizes.
B. Recommended Strategies to Pursue as Part of The Planning Grant
1. Authorizing accessory dwelling units as a use by right on parcels in single-family zoning districts that
meet the safety and infrastructure capacity considerations of local governments.
2. Establishment of a density bonus program to increase the construction of units that meet critical
housing needs in the local community.
3. Lessen minimum parking requirements for new affordable housing developments.
4. Use of vacant publicly owned real property within the local government for the development of
affordable housing.
5. Creation of an expedited development review process for acquiring or repurposing underutilized
commercial property that can be rezoned to include affordable housing units, including the
preservation of existing affordable housing units.
C. Other Strategies Identified by the State, Subject to City Council Direction
1. The creation of a land donation, land acquisition, or land banking program.
2. With respect to water utility charges, the creation of processes to promote the use of sub-metering of
utility charges for affordable housing projects and the creation of expertise in water utility matters
dedicated to affordable housing projects.
3. With respect to infrastructure, the creation of a dedicated funding source to subsidize infrastructure
costs and associated fees related to publicly owned water, sanitary sewer, storm sewers, and
roadways infrastructure.
4. Granting duplexes, triplexes, or other appropriate multi-family housing options as a use by right in
single-family residential zoning districts.
5. Creation of a program to subsidize or otherwise reduce local development review or fees including but
not limited to building permit fees, planning waivers and water and sewer tap fees, for affordable
housing development.
6. Creation of an expedited development review process for affordable housing aimed at households the
annual income of which is at or below 120% of the area median income of households of that size in
the county in which the housing is located.
Page 23 of 95
FY2021IncomeLimitsSummaryFY2021MedianFamilyFY2021IncomepersonsinFamnyIncumeIncomeVeryLow(50%)IncomeLimits($)36,70041,95047,20052,40055,50060,80055,00069,200ClickfarmomDelailDenver‘ExtremelyLawA-.."ma$104,300IncomeL|mIts($)*22,05025,20028,35031,45034,00036,50040,12044,550”"‘°“'°°"’co"SA.10,1.Low(80%)IncomeLimits(3%)55,95063,95071,95079,90086,30092,70099,100105,500ClickiorMamDelailNOTE:ArapahoeCountyispartoftheDenver-Aurora-Lakewood,C0MSA,soallinformationpresentedhereappliestoalloftheDenver-Aurora-Lakewood,C0MSA.Source:httgs://www.huduser.gov/Q0rtal/datasets/iI/i|2021/2021summamodnPage 24 of 95
HB21-1271 DOLA Innovative Housing Strategies:
Planning Grant Program Frequently Asked
Questions (FAQs)
Last updated August 4, 2021
Who is eligible to receive a Planning Grant Program award?
●Municipalities, counties, and city/counties are eligible to apply for and receive funds.
Housing authorities and other nonprofit organizations are not eligible on their own but
can partner with municipalities and counties.
What is the match requirement?
●A minimum of 25% local match of the total project cost is required. An applicant
experiencing financial hardship may request a reduced level of matching funds and must
consult with their DOLA Regional Manager before submitting their application about a
reduced match.
What is the award limit?
●Approximately $6,816,000 is available for awards.Individual Planning Grant Program
awards are expected to be approximately $50,000-$200,000.There is not a
predetermined award limit. Note: DOLA will fund and expects to see thoughtful
community and stakeholder engagement and communication process plans as part of
strategy development.
Can we commit or obligate the funds but spend them after June 30, 2024?
●No. All funds must be spent by June 30, 2024.
Could you clarify administrative costs?
●Awards cannot be used to cover administrative expenses (such as funding salaries for
existing staff).
Can local American Rescue Plan (ARP) funds be used as match?
●Recipients should check U.S. Treasury guidance on the DOLA website and consult their
own legal counsel. Please contact DOLA staff with any questions about matching funds.
Does intending to apply for an Incentives Grant make the Planning Grant application more
competitive?
●No. Communities not intending to apply to the Incentives Grant Program may still apply
to and be competitive for the Planning Grant Program.
Can the Planning Grant Program fund housing needs assessments?
●Yes but not on their own. Housing assessments and related studies are important tools to
help communities better understand their housing needs.They’re also an opportunity to
ensure strategies are developed to align with data and ensure equitable outcomes.
Page 25 of 95
HB21-1271 DOLA Innovative Housing Strategies:
Planning Grant Program Frequently Asked
Questions (FAQs)
However, housing needs assessments are not considered a qualifying strategy on their
own for a community to access the Incentives Grants;Planning Grant Program applicants
must bundle a housing needs assessment request with one or more qualifying strategies
listed in the statute.
Page 26 of 95
STUDY SESSION
TO: Mayor and Council
FROM: Jackie Loh
DEPARTMENT: Finance
DATE: September 27, 2021
SUBJECT: August Monthly Financial Report
DESCRIPTION:
August Monthly Financial Report
RECOMMENDATION:
Director of Finance, Jackie C. Loh, will review the 2021 August Financial Report.
PREVIOUS COUNCIL ACTION:
Staff provides financial updates to City Council each month. During the Study Session
discussion, the Director of Finance will review the 2021 August General Fund financials by
revenues and expenditures. Sales & Use Tax by areas are also included in the Appendix of the
attached presentation.
SUMMARY:
Through August 2021, the City of Englewood's General Fund receipts total $39,861,000 that are
75.9% of budgeted revenue. Total revenue YTD is tracking 11.7% higher than the same period
in 2020.
Revenue highlights are below:
• Sales & Use Tax remittances total $22,808,000 and are 66.1% of fiscal budgeted
revenue; Sales & Use Tax received is $1,719,000 higher than the same time last year.
Of the $1,719,000 variance, $300,000 is due to closing a liability account for a potential
incentive program. Additionally, the Sales & Use Tax audits and voluntary disclosure
collections amount to $575,000, which is not in the amended budget.
• Marijuana Sales Tax accounts for $1,303,000 of the total Sales & Use Tax revenue YTD
and is $94,000 higher than the prior year.
• Licenses & Permits Revenue totals $1,504,000, and is 125.6% of budgeted revenue.
Compared to last year, this positive variance is mainly due to two large development
plan review fees of $70,000 and $99,000.
• Parks, Recreation, Library & Golf (PRLG) YTD revenue of $2,039,000 is $1,184,000
above last year. The facilities were operating at reduced capacity during 2020 due to
COVID-19 but reopened at full capacity on May 16, 2021.
• ARPA grant funding of $1,560,000 has been recorded using the lost revenue provision
of the grant. The funds will be used for:
o Little Dry Creek Plaza Phase II-$1,000,000
o Rail-Trail-$310,000
Page 27 of 95
o Historic Preservation-$250,000
• Investment Earnings are negative, and $451,000, less than the same time last year, due
to a rise in interest rates. The portfolio, predominantly in bonds, is valued at market
value each month, so earnings can fluctuate when interest rates move in either direction.
• Englewood McLellan Reservoir Foundation (EMRF) leases contain periodic rate
increase terms. Rates have increased on several of the leases since January 2021.
• Misc. Revenues are up due to the health insurance savings of $547,000.
Expenditures YTD are $35,683,000 or 60.8% of the fiscal year budget. The total expenditures
YTD are $2,217,000 higher than those of 2020. The primary factors are:
• There is a timing issue in IT, Public Works, Police, and PRLG during the first few months
of the year as departments are paying one-time items like renewals and other fees.
Additionally, 2021 CERF charges of approximately $500,000 were billed at the start of
the year for all of 2021 versus being allocated monthly in 2020.
• Approximately $400,000 of optional leave was paid out in March.
• Community Development is $345,000 under the 2020 amount due to more COVID-19
related small business grants being paid in 2020.
• Communications Department is $100,000 higher than the same time last year due a
vacant position being filled in 2021.
The Operating Surplus (Excess Revenues over Expenditures) is $4,178,000, compared to the
original Budgeted Operating Deficit of $1,986,000 ($1.4M for COP debt payment included). The
$131,000 transfer from the Public Improvement Fund for Debt Services and $3,000,000 transfer
out for capital projects are included in the original Budgeted Operating Deficit.
After including the changes in Budget Supplementals #1, 2, 3, and 4, the amended Budgeted
Operating Deficit is $6,172,000 ($1.4M for COP debt payment and $2.8M for EEF outstanding
loan included).
The General Fund Transfers slide shows $165,000 transfers into the General Fund and
$10,960,000 transfers out of the General Fund, resulting in a net transfer of $10,795,000 out of
the General Fund.
The General Fund – Fund Balance Composition slide shows a YTD Deficit of $6,617,000,
including the Operating Surplus of $4,178,000 and a net transfer of $10,795,000 out of the
General Fund.
ANALYSIS:
Information included above.
CONCLUSION:
Staff will review the current financial report with Council monthly and welcomes questions and
discussion.
FINANCIAL IMPLICATIONS:
Information included above.
CONNECTION TO STRATEGIC PLAN:
Governance: Assist the City to become fiscally accountable, effective and efficient.
Page 28 of 95
OUTREACH/COMMUNICATIONS:
N/A
Page 29 of 95
August 2021Monthly Financial Report
by Jackie Loh
Page 30 of 95
•66.7% of fiscal year complete; $39,861,000 in revenue received YTD –75.9% of budgeted revenue
•2021 YTD revenues are 4.7% above the 5 year YTD average
General Fund Revenues
2021 2020
Amended Budget Aug-21 % Budget Dec-20 Aug-20 % YTD $ Diff % Diff
Revenues
Property Tax 4,624,000 4,587,000 99.2%4,606,000 4,523,000 98.2%64,000 0.0%
Specific Ownership Tax 450,000 307,000 68.2%528,000 302,000 57.2%5,000 0.0%
Sales & Use Taxes 32,528,000 21,505,000 66.1%29,921,000 19,786,000 66.1%1,719,000 8.7%
Sales Tax - Marijuana - 1,303,000 1,928,000 1,209,000 0.0%94,000 7.8%
Cigarette Tax 170,000 102,000 60.0%169,000 109,000 64.5%(7,000) -6.4%
Franchise Fees 3,594,000 2,294,000 63.8%3,602,000 2,288,000 63.5%6,000 0.3%
Hotel/Motel Tax 25,000 17,000 68.0%20,000 15,000 75.0%2,000 13.3%
Licenses & Permits 1,197,000 1,504,000 125.6%1,649,000 1,128,000 68.4%376,000 33.3%
Intergovernmental Revenue 1,144,000 2,308,000 201.7%4,040,000 1,425,000 35.3%883,000 62.0%
Charges for Services 2,963,000 1,514,000 51.1%2,810,000 1,496,000 53.2%18,000 1.2%
Parks and Recreation 2,336,000 2,039,000 87.3%998,000 855,000 85.7%1,184,000 138.5%
Fines & Forfeitures 659,000 368,000 55.8%883,000 652,000 73.8%(284,000) -43.6%
Investment Earnings 455,000 (6,000) -1.3%454,000 445,000 98.0%(451,000) -101.3%
EMRF Rents 1,700,000 1,158,000 68.1%1,699,000 1,117,000 65.7%41,000 3.7%
Miscellaneous 691,000 861,000 124.6%497,000 343,000 69.0%518,000 151.0%
Total Revenues 52,536,000 39,861,000 75.9%53,804,000 35,693,000 66.3%4,168,000 11.7%
2021 vs 2020
Page 31 of 95
Sales and Use Tax Revenues
Top Ten Business Categories
Page 32 of 95
Sales and Use Tax Revenues2019 –2021 Monthly Comparison
Page 33 of 95
2017-2021 Cumulative Change in Sales and Use Tax Collected
$6.4 million increase
since 2017
Page 34 of 95
General Fund Expenditures
•66.7% of the fiscal year is complete; YTD Expenditures of $35,683,000 –60.8% of budgeted expenditures
2021 2020
Amended Budget Aug-21 % Budget Dec-20 Aug-20 % YTD $ Diff % Diff
Expenditures
Legislation 332,000 153,000 46.1%298,000 216,000 72.5%63,000 29.2%
Administration 1,239,000 630,000 50.8%1,111,000 700,000 63.0%70,000 10.0%
City Attorney 981,000 562,000 57.3%833,000 546,000 65.5%(16,000) -2.9%
Court 1,321,000 719,000 54.4%1,048,000 674,000 64.3%(45,000) -6.7%
Human Resources 1,166,000 727,000 62.3%948,000 600,000 63.3%(127,000) -21.2%
Finance 1,821,000 991,000 54.4%1,557,000 1,017,000 65.3%26,000 2.6%
Information Technology 3,973,000 2,397,000 60.3%3,524,000 2,150,000 61.0%(247,000) -11.5%
Community Development 3,369,000 1,882,000 55.9%3,620,000 2,227,000 61.5%345,000 15.5%
Public Works 7,745,000 4,848,000 62.6%7,341,000 4,290,000 58.4%(558,000) -13.0%
Police 15,431,000 10,024,000 65.0%14,453,000 9,357,000 64.7%(667,000) -7.1%
Fire and Emergency Management 7,364,000 5,300,000 72.0%6,851,000 5,092,000 74.3%(208,000) -4.1%
Parks, Recreation and Library 8,491,000 5,284,000 62.2%6,778,000 4,475,000 66.0%(809,000) -18.1%
Communications 765,000 475,000 62.1%862,000 375,000 43.5%(100,000) -26.7%
Debt Service 4,375,000 1,510,000 34.5%1,566,000 1,496,000 95.5%(14,000) -0.9%
Contingency 335,000 181,000 54.0%336,000 251,000 74.7%70,000 0.0%
Total Expenditures 58,708,000 35,683,000 60.8%51,126,000 33,466,000 65.5%(2,217,000) -6.6%
2021 vs 2020
Page 35 of 95
General Fund Transfers
2021 General Fund Transfers
Transfers into the General Fund
From the Public Improvement Fund for debt service 131,000$
From the Risk Management Fund for the transfer of .25 FTE costs 34,000
Total transfers into the General Fund 165,000
Transfers out of the General Fund
To the Public Improvement Fund for capital projects 9,825,000
To the Capital Projects Fund for capital projects 985,000
To the Water Fund for the utility bill Customer Assistance Program 50,000
To the Capital Equipment Replacement Fund for additional vehicle purchases 100,000
Total transfers out of the General Fund 10,960,000$ Page 36 of 95
General Fund-Fund Balance Composition(in millions)
2017 2018 2019 2020
2021 YTD
Surplus/
(Deficit)
2021 YTD
Actual
Balances
TABOR - Restricted 1,580,000 1,740,000 1,730,000 1,720,000 - 1,720,000
LTAR - Committed 3,385,000 4,995,000 4,995,000 4,995,000 - 95,000
Unassigned Fund Balance 9,166,000 13,683,000 15,406,000 18,221,000 (6,617,000) 16,504,000
Total Fund Balance 14,131,000$ 20,418,000$ 22,131,000$ 24,936,000$ (6,617,000)$ 18,319,000$
Reserve = Unassigned + LTAR +12,551,000$ 18,678,000$ 20,401,000$ 23,216,000$ 16,599,000$
Reserve Policy = 16.7% of total revenues ---7,806,000$ 8,422,000$ 8,599,000$ 9,007,000$ 8,959,000$
Reserve available above policy 4,745,000$ 10,256,000$ 11,802,000$ 14,209,000$ 7,640,000$
% of Total Revenues 10.1%20.3%22.9%26.3%14.2%
$0.0
$2.5
$5.0
$7.5
$10.0
$12.5
$15.0
$17.5
$20.0
$22.5
$25.0
$27.5
2017 2018 2019 2020 2021 YTD Balance
TABOR - Restricted LTAR - Committed Unassigned Fund Balance Reserve Policy = 16.7% of total revenues
Page 37 of 95
YTD Sales & Use Collections by Area
2020 2021 % Change $ Change
Total Sales & Use Tax Collected 21,582,185$ 23,053,219$ 6.8%1,471,033$
Refunds 85,811$ 155,518$ -53.9%69,707$
Unearned Sales Tax 2,050,000$ 2,050,000$ 0.0%-$ Page 38 of 95
3 Year Avg YTD Sales Tax Collected by Area
Area 13 $284,822
Area 14 $94,205Page 39 of 95
Area Sales Tax Slides
Appendix
Page 40 of 95
City of Englewood Sales Tax Area Map
Page 41 of 95
YTD Sales & Use Tax Collections by Area
Busines
s Area
$ YTD
Variance
CY vs PY
% YTD
Variance
CY vs PY
YTD New
Businesses
YTD Closed
Businesses
YTD Net
New
(Closed)
Businesses Comments
Area 1 150,112 6.48%17 (25) (8)
Area 2 174,209 11.10%19 (20) (1)
Area 3 318,251 17.49%22 (27) (5)
Area 4 61,189 7.67%3 (1) 2
Area 5 (35,375) -2.39%6 (12) (6)
Area 6 193,209 7.18%78 (80) (2)
Area 7 755,805 9.63%382 (365) 17
Area 8 131,777 14.34%- - -
Area 13 (4,676) -1.70%1 (1) -
Area 14 23,491 200.00%- - -
Regular
Use (296,960) -16.62%N/A N/A N/A
Use tax revenue fluctuates depending on the timing of when businesses
replace large ticket items such as operating machinery and equipment. If
items purchased outside of Englewood at a local tax rate less than 3.5%,
then the tax payer is liable for the difference between the local tax paid and
3.5% tax due.
Totals 1,471,033 6.82%528 (531) (3) Page 42 of 95
Area 1 Sales Tax
CityCenter (Formerly Cinderella City)
2,389,552 2,436,577 2,460,969
2,316,921
2,467,033
0
250,000
500,000
750,000
1,000,000
1,250,000
1,500,000
1,750,000
2,000,000
2,250,000
2,500,000
2017 2018 2019 2020 2021Page 43 of 95
Area 2 Sales Tax
South of Yale, north & south side of Jefferson Ave/US 285 between Bannock and Sherman
1,400,108
1,502,904
1,590,200 1,569,673
1,743,882
0
250,000
500,000
750,000
1,000,000
1,250,000
1,500,000
1,750,000
2017 2018 2019 2020 2021
Page 44 of 95
Area 3 Sales Tax
S of Jefferson Ave/US 285 between Bannock & Sherman and north side of Belleview between Logan & Delaware
1,270,865
1,640,614 1,700,067
1,819,644
2,137,895
0
250,000
500,000
750,000
1,000,000
1,250,000
1,500,000
1,750,000
2,000,000
2,250,000
2017 2018 2019 2020 2021
Page 45 of 95
Area 4 Sales Tax
Broadway and Belleview (Between Fox and Sherman and south of Belleview and to the southern City Limits)
1,070,840
858,012 820,668 797,741
858,930
0
200,000
400,000
600,000
800,000
1,000,000
1,200,000
1,400,000
2017 2018 2019 2020 2021
Page 46 of 95
Area 5 Sales Tax
Area 5 -Federal and Belleview W of Santa Fe Drive
645,799
999,154
1,195,465
1,478,047 1,442,672
0
200,000
400,000
600,000
800,000
1,000,000
1,200,000
1,400,000
1,600,000
2017 2018 2019 2020 2021
Page 47 of 95
Area 6 Sales Tax
Area 6 -All other City locations
2,456,010
2,976,432 2,897,780
2,689,683
2,882,892
0
250,000
500,000
750,000
1,000,000
1,250,000
1,500,000
1,750,000
2,000,000
2,250,000
2,500,000
2,750,000
3,000,000
2017 2018 2019 2020 2021
Page 48 of 95
Area 7 Sales Tax
Area 7 -Outside City limits
6,298,592
6,699,964
7,491,890
7,848,382
8,604,187
0
1,000,000
2,000,000
3,000,000
4,000,000
5,000,000
6,000,000
7,000,000
8,000,000
9,000,000
2017 2018 2019 2020 2021
Page 49 of 95
Area 8 Sales Tax
Public Utilities
2,456,010
2,976,432 2,897,780
2,689,683
2,882,892
0
250,000
500,000
750,000
1,000,000
1,250,000
1,500,000
1,750,000
2,000,000
2,250,000
2,500,000
2,750,000
3,000,000
2017 2018 2019 2020 2021
Page 50 of 95
Area 13 Sales Tax
Area 13 -Hampden Avenue (US 285) and University Boulevard
265,157
292,619
307,547
275,797 271,121
0
50,000
100,000
150,000
200,000
250,000
300,000
350,000
2017 2018 2019 2020 2021
Page 51 of 95
Area 14 Sales Tax
Online Sales
0
142,206
98,372
80,376
103,867
0
20,000
40,000
60,000
80,000
100,000
120,000
140,000
2017 2018 2019 2020 2021
Page 52 of 95
Regular Use Tax
2,356,125 2,318,104
2,153,808
1,787,130
1,490,170
0
250,000
500,000
750,000
1,000,000
1,250,000
1,500,000
1,750,000
2,000,000
2,250,000
2,500,000
2017 2018 2019 2020 2021Page 53 of 95
COUNCIL COMMUNICATION
TO: Mayor and Council
FROM: Tim Dodd
DEPARTMENT: City Manager's Office
DATE: September 27, 2021
SUBJECT: Proposed ARPA Spending
DESCRIPTION:
List of projects on which ARPA funds could be expended
RECOMMENDATION:
Staff recommends that Council review and provide input on the revised list of proposed projects
PREVIOUS COUNCIL ACTION:
June 21, 2021- City Council certified application of ARPA funding through the Colorado
Department of Local Affairs
July 12, 2021- City Council held study session to conduct an initial review of possible use of
ARPA funds
SUMMARY:
Signed by the President in March, 2021, the American Rescue Plan Act of 2021 included $350
billion to fund the Coronavirus State and Local Fiscal Recovery Funds. On May 10, 2021, the
U.S. Department of Treasury announced the launch of this program and provided guidelines for
the use of funds. The guidance provides discretion to local governments on the use of funds.
The City of Englewood will, in total, receive $8,776,379.39 in direct funding in two equal
tranches, one that was received this summer and one that will be received in the summer of
2022. This memo provides Council with an update list of possible projects that could be funded
using ARPA monies. The initial list, presented to Council on July 12th, was updated based on
feedback from members of the community and through additional discussions among staff and
with Council members. Currently, the City is working off of Interim Guidance promulgated by
the U.S. Department of Treasury with final guidance expected later this fall.
ANALYSIS:
In developing a draft list of ARPA projects, staff reviewed existing project lists and projects in
the Englewood strategic plan, while also soliciting input from department directors and Council
through 1:1 meetings. After the initial study session on this topic on July 12, 2021, staff then
posted project ideas on the Bang the Table platform on the City's website to obtain suggestions
rom the community. Additional staff discussions and meetings were held, and based on
feedback staff made the following changes to the initial list:
• Eliminated funding for grant matches- Staff believes that if state grants are pursued,
funds can be utilized from the contingency fund through supplemental budgets to
provide necessary matching funds
Page 54 of 95
• Added funding for CrossPurpose- CrossPurpose has operated in Denver as a nonprofit
for 13 years and is in the process of opening a location in Englewood. The nonprofit
provides career training in 13 sectors for people experiencing poverty. Funding will be
utilized to purchase capital elements for a build out of their new location in Englewood
(Anderson, Olson requesting)
• Changed economic development focus from job fairs to a a bonus program to assist
local businesses in hiring employees
• Added $150,000 for bike and pedestrian improvements (Sierra, Anderson requesting)
• Decreased vaccine incentive program from $50,000 to $30,000 to right size based on
projected demand
• Decreased funding for Bridge House Ready to Work from $1,000,000 to $850,000
CONCLUSION:
Interim ARPA funding guidelines from the U.S. Treasury Department, the City's Strategic Plan
and stated priorities of the Englewood City Council have been used to compile the list of
projects, but the ultimate spending plan is the prerogative of City Council within ARPA guidance.
Implementation and project tracking of the final list of projects will include establishment of
performance metrics, project milestones, and goals to ensure the effectiveness and efficiency of
project implementation.
FINANCIAL IMPLICATIONS:
The City of Englewood received half of its total allotment of over $8.7 million, and will receive
the remainder in the summer of 2022. The City of Englewood Finance Deparmtent will ensure
that proper receipt, disbursement, and accounting of received funds.
CONNECTION TO STRATEGIC PLAN:
Several of the proposed spending items track back to goals and projects in the City of
Englewood 2020-2022 Strategic Plan:
• Infrastructure
• Transportation
• Local Economy
• Sustainability
OUTREACH/COMMUNICATIONS:
The City of Englewood utilized the Bang the Table platform to engage the community. There
were a total of 720 visits to the page, including 299 individuals who expressed their opinions on
projects.
These visitors ranked project categories from a 1-10 score, 1 being the highest priority and 10
being the lowest. The ten categories ranked as follows:
1. Water (2.72 average ranking)
2. Sewer (5 average rating)
3. Storrmwater (5.36 average rating)
4. Streets (5.39 average rating)
5. Homelessness: Prevention & Assistance (5.78 average rating)
6. Sidewalks and trails (6.20 average rating)
7. COVID-19: Helping Businesses Recover (6.39 average ranking)
8. COVID-10: Assisting Affected Families and Individuals (7.02 average ranking)
9. COVID-19 Premium Pay for Essential Workers (7.60 average ranking)
10. COVID-19 Prevention and Vaccines (8.02 average ranking)
Page 55 of 95
11. Bike Lanes (8.37 average ranking)
12. COVID-19: Replacement of Lost Revenue (8.64 average ranking)
21 users wrote unique comments on a variety of topics including:
• Support for funding for particular projects such as: Pay for essential workers; recovery
for small business; burrying power lines; prioritization of urban design elements
(walkability, gathering spaces); water/sewer projects; focus on infrastructure; alley
parking; potholes; repaving Dartmouth from Santa Fe to Zuni; charging stations for
electric vehicles
• Opposition to particular projects such as: Job training and vaccine incentives
• Support for the CIty engaging the community in the process;
• Interest in posting on other platforms;
• Support for waiting to expend funds; and
• Concern that the list of ideas did not match the survey.
ATTACHMENTS:
ARPA Community Feedback
ARPA Funds Suggestions PowerPoint
ARPA Funding List
Page 56 of 95
ARPA Funds Discussion
Shawn Lewis, City Manager
Tim Dodd, Assistant City Manager
Jackie Loh, Director of Finance
Page 57 of 95
•Posted on Bang the Table platform
•720 total visitors
•299 engaged (posted and/or registered opinion) visitors
•21 unique comments
Community Engagement
Page 58 of 95
•Water
•Sewer
•Stormwater
•Streets
•Homelessness
•Sidewalks &Trails
•COVID-19: Helping Businesses Recover
•COVID-19:Assisting Affected Families and Individuals
•COVID-19: Premium Pay for Essential Workers
•COVID-19 Prevention &Vaccines
•Bike Lanes
•COVID-19:Replacement of Lost Revenue
Community Engagement Priority Rankings Page 59 of 95
•Eliminated funding for grant matches
•Added funding for CrossPurpose: Career Guidance
•Changed economic development focus from job fairs to
bonus program
•Added $150,000 for bike and pedestrian improvements
•Decreased vaccine incentive program from $50,000 to
$30,000
•Decreased funding for Bridge House Ready to Work from
$1,000,000 to $850,000
Modifications Made to Original List
Page 60 of 95
Funding Strategic Plan Priorities
•Transportation
-Sidewalk and ramp gap
construction
•Infrastructure
•Transportation
•Sustainability
•Local Economy
•Safety (Homelessness)
•COVID-19 Recovery Page 61 of 95
ARPA Funding Suggestions
CATEGORY PROJECT PROJECT IDEA SOURCE AMOUNT
Infrastructure Water, waste water, and
stormwater infrastructure Council--Strategic Plan $4,200,000
Sustainability Energy efficiency sustainability
pilot project Council--Strategic Plan $200,000
Local Economy Local Business Staff
Recruitment Bonus Program
Chamber of Commerce,
Community Development $50,000
COVID-19 Vaccine navigation and
incentive program
Member Anderson--vouchers
to local residents to shop local;
Members Olson and Sierra--
promote and increase
vaccination rates
$30,000
Transportation Street improvements Staff $1,000,000
Transportation Sidwalk and ramp gap
construction
Council--Council meeting
discussion $250,000 Page 62 of 95
ARPA Funding Suggestions
CATEGORY PROJECT PROJECT IDEA SOURCE AMOUNT
Homelessness CrossPurpose: Career
Guidance Council Member Anderson $346,379
Homelessness Bridge House/ Ready to Work
(Englewood portion)
Mayor Olson; Council--
anticipated acceptance of Tri-
Cities Homelessness Action
Plan in July and 1:1s with
Council and City Manager
$850,000
Homelessness
Homelessness Action Plan
implementation (Englewood
portion)
Mayor Olson; Council--
anticipated acceptance of Tri-
Cities Homelessness Action
Plan in July
$350,000
Infrastructure Little Dry Creek Plaza Staff; Council 1:1s with City
Manager $1,000,000
Infrastructure Walk and Wheel Projects Staff; Council 1:1s with City
Manager $500,000
TOTAL $8,776,379 Page 63 of 95
Questions? Page 64 of 95
Project Report
24 March 2021 - 20 September 2021
Englewood Engaged
American Rescue Plan Act (ARPA)
Highlights
TOTAL
VISITS
720
MAX VISITORS PER
DAY
183
NEW
REGISTRATI
ONS
1
ENGAGED
VISITORS
299
INFORMED
VISITORS
406
AWARE
VISITORS
610
Aware Participants 610
Aware Actions Performed Participants
Visited a Project or Tool Page 610
Informed Participants 406
Informed Actions Performed Participants
Viewed a video 0
Viewed a photo 0
Downloaded a document 0
Visited the Key Dates page 0
Visited an FAQ list Page 0
Visited Instagram Page 0
Visited Multiple Project Pages 93
Contributed to a tool (engaged)299
Engaged Participants 299
Engaged Actions Performed
Registered Unverified Anonymous
Contributed on Forums 0 0 0
Participated in Surveys 8 9 273
Contributed to Newsfeeds 0 0 0
Participated in Quick Polls 0 0 0
Posted on Guestbooks 4 16 0
Contributed to Stories 0 0 0
Asked Questions 0 0 0
Placed Pins on Places 0 0 0
Contributed to Ideas 0 0 0
Visitors Summary
Pageviews Visitors
1 Aug '21 1 Sep '21
250
500
750
Page 65 of 95
Tool Type
Engagement Tool Name Tool Status Visitors
Registered Unverified Anonymous
Contributors
Guest Book Comments & Feedback Published 50 4 16 0
Survey Tool How would you spend the money?Archived 381 8 9 273
Englewood Engaged : Summary Report for 24 March 2021 to 20 September 2021
ENGAGEMENT TOOLS SUMMARY
0
FORUM TOPICS
1
SURVEYS
0
NEWS FEEDS
0
QUICK POLLS
1
GUEST BOOKS
0
STORIES
0
Q&A S
0
PLACES
Page 2 of 7 Page 66 of 95
Visitors 50 Contributors 20 CONTRIBUTIONS 21
10 August 21
Anne_Elizabeth15
AGREES
0
DISAGREES
0
REPLIES
0
10 August 21
EngleRes
AGREES
0
DISAGREES
0
REPLIES
0
10 August 21
Emily
AGREES
0
DISAGREES
0
REPLIES
0
10 August 21
Justin Starnes
AGREES
0
DISAGREES
0
REPLIES
0
10 August 21
Autumn
AGREES
0
DISAGREES
0
REPLIES
0
Englewood Engaged : Summary Report for 24 March 2021 to 20 September 2021
GUEST BOOK
Comments & Feedback
I did not see pay for essential workers explicitly addressed in this plan. This is one fac
et that I feel must be addressed in our community that will additionally help with econo
mic recovery and assisting families that may have been hard hit through the
pandemic. I agree that infrastructure should be a top priority as this is a major issue in
our community.
I appreciate that Englewood is working with residents to prioritize spending.
Innovative! Keep it up.
Recovery for small businesses in Englewood and increased income for the
employees. As a retired couple, we have found it more difficult to figure out how to ma
nage basics like food, healthcare, medicine, and finding safe and secure assistance w
ith small things. We do not have savings and have our basic income. When inquiring
about resources it is difficult to actually get access. The proposals are all necessary.
Thanks for allowing the community to share input.
Hi! I think, if possible, using the funds toward burying power lines would not only creat
e a safer city (less downed lines or power outages, especially during winter/spring sto
rms), but also make it so much nicer aesthetically which would increase property valu
es for everyone (see Fort Collins as a great example!) This would be my #1 priority.
Please post this survey On ND for further reach! Thank you
Page 3 of 7 Page 67 of 95
11 August 21
sbularzik
AGREES
0
DISAGREES
0
REPLIES
0
11 August 21
Pam Genova
AGREES
0
DISAGREES
0
REPLIES
0
11 August 21
Not_David_But_David
AGREES
0
DISAGREES
0
REPLIES
0
12 August 21
Ben Ollett
AGREES
0
DISAGREES
0
REPLIES
0
13 August 21
leonardc21
AGREES
0
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0
REPLIES
0
16 August 21
Claire
AGREES
0
DISAGREES
0
REPLIES
0
Englewood Engaged : Summary Report for 24 March 2021 to 20 September 2021
GUEST BOOK
Comments & Feedback
Hello! People live in Englewood because they want a small city life, NOT a suburban
one. Please prioritize urban community aspects like walkability, bikeability, local busin
ess, and safe community gathering spaces. Everyone moving here and contributing to
your tax base cares about these things above all else.
Last summer the owner of a small business in Englewood (where I worked) gave my j
ob to a retired person who works for free and I was forced into retirement. The past t
wo exponentially high tax increases coupled with the jump in water prices and
associated water projects are an equally large burden to the residents, particularly the
residents on fixed incomes. Ideally I would like the entire water/sewer project paid for
with federal dollars thereby removing the burden from the citizens. Covid has created
a cascade of problems and everyday day folks are being squeezed to a near breaking
point. Financial aid in any form can not be discussed enough. I would also like Code
Enforcement to be reinstated to it's original and fullest purpose. Beyond that, I don't
know.
Please do not invest in job training. Study after study shows that isn't effective. Instea
d of giving money to individuals or businesses, offer work opportunities to those who n
eed it most. And don't pay for people to vaccinate; it's a slap in the face to those who
already have. and an insult to the world's population begging for a vaccine. Make thin
gs like water bills dependent on usage; cut the fixed part of the bill to zero and raise th
e rate on those using the most. And, frankly, no one should have non-essential
employees. Everyone is essential.
Hi, I think that all of the 'infrastructure' items should rank at the top of the list. They will
bring the most long-term benefit to Englewood. From water/sewer, to bike lanes and si
dewalks - Englewood has a lot of work that needs to be done. The sooner we can ma
ke Englewood a vibrant, walkable, bikeable community, the better it will be for local bu
sinesses and future local businesses. I also support any and all traffic calming
measures! The ARPA money seems like a great way to get a headstart on the
timeline for infrastructure projects. Thanks, Ben
I grew up and still live in Englewood (56 years) The Water is horrible, Not just to drink
but on appliances too. I have Hot water heat and have to replace valve zones EVERY
YEAR! It is expensive! Dishwashers and Clothes Washers last MAYBE 4 years. Hot
Water heaters don't have a chance. I filter my water before I will give it to my pets and
Double filter it before I would EVER think about drinking it... and Englewood just want
s to throw Money at it. Crime is so bad compared to any time I remember. The Engle
wood Fire Department doesn't exist, the schools historically lag behind others in the M
etro area and yet my taxes continue to go up. Englewood is Rapidly becomming a pla
ce that is too dangerous and expensive to live in.
The list of ideas does not match the survey. Please also elaborate on what each of th
ese ideas includes in that cost.
Page 4 of 7 Page 68 of 95
16 August 21
Julie
AGREES
0
DISAGREES
0
REPLIES
0
17 August 21
Kmbrown29
AGREES
0
DISAGREES
0
REPLIES
0
17 August 21
Deron
AGREES
0
DISAGREES
0
REPLIES
0
17 August 21
Deron
AGREES
0
DISAGREES
0
REPLIES
0
17 August 21
JoeyN
AGREES
0
DISAGREES
0
REPLIES
0
17 August 21
Chon
AGREES
0
DISAGREES
0
REPLIES
0
23 August 21
na
AGREES
0
DISAGREES
0
REPLIES
0
Englewood Engaged : Summary Report for 24 March 2021 to 20 September 2021
GUEST BOOK
Comments & Feedback
Other items to consider: burying power lines and paving alleys.
Fix the pothole for making a right turn off of 285 north onto S Logan Street. It gets
patched a lot and as soon as it rains/snow melt it reappears.
All of Dartmouth from Santa Fe to Zuni both ways needs quality to repave with some
much-needed repairs to the bridge over the Platte River. What I fear most of all is,
this money being misappropriated and, unwisely spent.
Use the money wisely. Don't act like kids in a candy store, with twenty dollars in their
pockets...
You want to add all of these new apartment buildings all over the city which means ad
ding more cars to our streets then you better focus on the infrastructure! Don’t waste
money on “incentives “ for the vaccine! Do something to help our homeless! I know so
me are homeless by choice but the ones that aren’t there by choice, something can c
ertainly be done to help them get back on their feet and get in a job and living quarters
.
I think the most beneficial thing for Englewood and Colorado would be to push for all n
ew buildings to be required to have solar and to assist all residents interested in altern
ative renewable sources of energy in getting them. This would lower or eliminate their
energy bill expense as well as lower the petroleum dependancy aligning with a more
environmentally friendly as well as more enabling or community to be more self suffici
ent. I also think it would be great to push for the legalization of hemp production in En
glewood and in the rest of Colorado as that would revolutionize the oil industry here a
nd stimulate the local economy as well as being more environmentally friendly. It's be
a win win for everyone and we gotta move past the outdated idea of throwing money
at problems. Sometimes it's about working smarter not harder.
Hello, my family has seen that none of the Englewood Facilities offer charging
stations for electric type vehicles. This grant may be the best opportunity to start worki
ng towards green energy and sustainability. With government mandates and the
rollout of the reduction in fossil fuels to include vehicles being sold only in electric mod
els NOW is the time to invest.
Page 5 of 7 Page 69 of 95
26 August 21
Scott
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0
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0
REPLIES
0
30 August 21
Robert
AGREES
0
DISAGREES
0
REPLIES
0
07 September 21
A Concerned Citizen
AGREES
0
DISAGREES
0
REPLIES
0
Englewood Engaged : Summary Report for 24 March 2021 to 20 September 2021
GUEST BOOK
Comments & Feedback
Does this money have to be spent immediately? I think that it is irresponsible to spend
just because it was given to you. If you can make a case for throwing it at the homele
ss then surely you can make a case for paying down some debt thus freeing up mone
y to do other things including helping the homeless, but try to find a new way to help t
hose who actually want help. Billions have been spent in the metro area and the probl
em is worse now than it was 10 years ago,the economy has been booming we can’t b
lame COVID , we can’t blame a lack of jobs, and we can’t blame the economy. We ca
n only blame ourselves for making it too easy to fly a “GOOD BLESS” sign on every c
orner and collect cash to support their habit while receiving free food housing and clot
hing. I know this sounds like a rant but everything I’ve seen tried has failed miserably
and cost the taxpayers billions and only made it easier for the homeless to remain ho
meless. Look into a program like Step Denver that uses no government money and tu
rns out formerly homeless people able to function in society and live a productive life
but they demand SOBRIETY AND HARD WORK. without that we are enabling instea
d of helping
What the city should work on is getting all alleys paved with concrete. The tar paving i
s a joke. Grating is not working either. Also put more money and teeth into code enfor
cement too many weed infested yards. Also there are too many dead trees on private
property
Thank you for the opportunity to provide feedback on the proposal. I would urge the c
ommittee to support endeavors which benefit all, or as many residents as possible AN
D which do not encroach upon the individual's right to make choices about their health
. Health is a personal responsibility, not a governmental one. Please prioritize our wat
er. Water is an essential need for everyone.
Page 6 of 7 Page 70 of 95
Visitors 381 Contributors 290 CONTRIBUTIONS 298
Englewood Engaged : Summary Report for 24 March 2021 to 20 September 2021
ENGAGEMENT TOOL: SURVEY TOOL
How would you spend the money?
Reorder the following spending categories from most important to least important.
OPTIONS AVG. RANK
Water 2.72
Sewer 5.00
Stormwater 5.36
Streets 5.39
HOMELESSNESS: Prevention & Assistance 5.78
Sidewalks & Trails 6.20
COVID-19: Helping Businesses Recover 6.39
COVID-19: Assisting Affected Families & Individuals 7.02
COVID-19: Premium Pay for Essential Workers 7.60
COVID-19: Prevention & Vaccines 8.02
Bike Lanes 8.37
COVID-19: Replacement of Lost Revenue 8.64
Page 7 of 7
Optional question (296 response(s), 2 skipped)
Question type: Ranking Question
Page 71 of 95
CATEGORY PROJECT DESCRIPTION
Infrastructure
Water, waste water, and
stormwater infrastructure
Funding for various projects related
to water (specifically the replacement
of lead water lines), waste water, and
stormwater
Sustainability
Energy efficiency
sustainability pilot project
Seed money to implement an energy
efficiency project, such as LED lines
in the downtown area of increased
use of renewable energy in city
facilities.
Local Economy
Local Business Staff
Recruitment Bonus
Program
Based on input from the Chamber of
Commerce and the need for
assistance in recruiting employees
for local businesses, this funding will
allow for the creation of a bonus
program to assist local businesses in
recruiting employees
COVID-19
Vaccine navigation and
incentive program
Providing $50 of "Englebucks" to
Englewood residents who comlpete
their COVID-19 vaccinations through
the clinic at the Malley Recreation
Center after August 1, 2021.
Englebucks could be utilized at
participating businesses in the City of
Infrastructure Street improvements
Various improvements to streets
across the City, including patching
and repaving
Transportation
Sidwalk and ramp gap
construction
Funding to continue to minimize the
number of sidewalk and ramp gaps
ALL
Matching funds for state
grants
The State of Colorado is provviding
16 grant programs for cities and
towns. Many include matching
requirements, which will be drawn
from these funds.
Homelessness
Bridge House/ Ready to
Work (Englewood portion)
As part of the work of the Tri-Cities
Homelessness Committee, the Cities
of Englewood, Littleton, and
Sheridan worked with Bridge House,
a Boulder-based nonprofit, to explore
the establishment
ARPA FUNDING SUGGESTIONS
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Homelessness
Homelessness Action
Plan implementation
(Englewood portion)
The Tri-Cities Homelessness
Committee hired a consultant to
develop a plan of action, currently
pending before each of the three City
Councils. This funding will provide
for Englewood's share of the
implementation of the plan, which
includes a variety of communication
strategies, projects, and initiatives.
Local Economy
CrossPurpose: Career
Guidance
Funds will be utilized in the capital
build out of a new work space for
CrossPurpose: Career Purpose.
This nonprofit provides career
readiness, job training, and
certification in 13 different focus
areas
Infrastructure Little Dry Creek Plaza
Completion of improvements to Little
Dry Creek Plaza
Infrastructure Walk and Wheel Projects
Completion of Segment 2 of the Rail
Trail.
Page 73 of 95
ORIGINAL
AMOUNT MODIFICATIONS UPDATED AMOUNT
$4,200,000 $4,200,000
$200,000 $200,000
$50,000
Changed from "Workforce
training, recruitment, and job
fair"$50,000
$50,000 $30,000
$1,000,000 $1,000,000
$250,000 $250,000
$326,379
Eliminated. Any matching
funds needed for state
grants can be accessed
through contingency funds
in a supplpemental budget $0
$1,000,000
Funding reduced to allow for
funding for the
CrossPurpose: Career
Guidance program $850,000
ARPA FUNDING SUGGESTIONS
Page 74 of 95
$350,000 $350,000
$346,379
$1,000,000 $1,000,000
$350,000
Modified from "Rail Trail
Segment 2" to include
additional Walk and Wheel
Projects $500,000
TOTAL:$8,776,379
Page 75 of 95
STUDY SESSION
TO: Mayor and Council
FROM: Tamara Niles
DEPARTMENT: City Attorney's Office
DATE: September 27, 2021
SUBJECT:
Discussion of Public Consumption areas within the City of
Englewood, previously authorized in response to Covid-19 effects
on commerce
DESCRIPTION:
The City of Englewood previously authorized the temporary public consumption of alcohol on
certain designated parcels within the City. This requires further study and direction from the City
Council, to determine if these public consumption areas should be extended.
RECOMMENDATION:
Staff recommends City Council consider whether to repeal the City's public consumption areas.
PREVIOUS COUNCIL ACTION:
On March 18, 2020, Englewood City Council adopted Emergency Ordinance No. 10, Series
2020, granting City Manager Authority to issue emergency orders in light of Covid. Then on
June 5, 2020 Governor Polis issued Executive Order No. D 2020 093, temporarily suspending
C.R.S. 44-3-901(1)(i)(D)(VII), prohibiting the public consumption of alcohol on any public right-
of-way that has been authorized by a municipality. On June 12, 2020 and June 26, 2020, the
City Manager issued two emergency orders intended to directly combat the financial effects of
Covid-19 on bars and restaurants within two specific geographic areas of the City authorizing
the consumption of to-go cocktails in designated public outdoor areas.
On July 19, 2021, City Council adopted Ordinance 30, Series of 2021, repealing the 2020
Emergency Ordinance but extending stay on enforcement of Englewood Municipal Code 5-3C-
3(A)(prohibiting public consumption) in two designated areas within the City. Shortly thereafter,
on August 6, 2021, Governor Polis signed Executive Order D 2021 125, rescinding state-wide
Executive Orders, including the suspension on enforcement of C.R.S. 44-3-901(1)(i)(VII), which
prohibits consumption of alcohol in a public right of way.
SUMMARY:
The City's public consumption areas, authorized in response to Covid restrictions, are no longer
legally sound. Therefore, City Council should consider revoking those authorized areas, and
instead, alcohol licensees should utilize one of the other state-authorized avenues that allow for
legal outdoor consumption of alcohol.
ANALYSIS:
With the repeal of Governor Polis’s Executive Order D 2020 011 and its amendments, those
consuming alcohol in public right of way of the Englewood designated public consumption areas
may be under the mistaken belief that their actions comply with law. While they would not be
Page 76 of 95
charged in Municipal Court due to the stay on City enforcement of its own ordinance prohibiting
public consumption, they could be subject to prosecution in District Court for a violation of state
law, C.R.S. 44-3-901(1)(i)(VII).
City Council has two options:
1. Adopt a Resolution repealing the public consumption areas; or
2. Amend the public consumption areas to remove all public right of way as authorized public
consumption areas.
The majority of public consumption areas include public right of way, including Broadway,
Hampden Avenue. Therefore, it appears amendment of maps to remove public right of way is
not feasible.
Public Consumption Areas were created to encourage patronage of alcohol-related businesses
within the City . If public consumption areas are repealed, those businesses may utilize the
following legally-sound options for expanded outdoor areas for consumption by customers:
To-Go/Delivery Cocktails: State Permit required (no City permit at this time).
Expanded Outdoor Seating: Must Formally Modify Premises for Alcohol Consumption with State
and City by October 31, 2021; City permit required to utilize private parking spaces required by
UDC and for City right-of-way.
Communal Dining Areas: Two or more businesses may share an area to include on-premises
consumption, within 1,000 feet of permanent licensed premises (not required to be contiguous);
Must Formally Modify Premises for Alcohol Consumption; City permit required to utilize private
parking spaces required by UDC and for City right-of-way; Must have Security and Control Plan
approved by State/City.
Festivals in Public Spaces: Senate Bill 21-082 authorizes licensees (including restaurants and
bars) to sell and serve alcohol at festivals in public spaces up to 9 times in a 12-month period, if
authorized and permitted by State and City.
Entertainment District: City Council adopts Ordinance creating an Entertainment District with a
Common Consumption Area operated by a Promotional Association (complex requirements for
creation and operation).
CONCLUSION:
Because amendment of public consumption maps to remove public right of way is not feasible,
we recommend the City repeal the provisions of Ordinance No. 30, Series of 2021, authorizing
the continued stay on enforcement of EMC 5-3C-3(A) (Unlawful to Possess Open Container of
Intoxicating Liquor in Public) on certain designated public consumption areas within the City. If
Council agrees that public consumption areas should be repealed, the City Attorney’s office will
draft a proposed Resolution for consideration by City Council.
FINANCIAL IMPLICATIONS:
None
CONNECTION TO STRATEGIC PLAN:
Page 77 of 95
This matter affects Safety and Local Economy
OUTREACH/COMMUNICATIONS:
None. If City Council repeals authorized public consumption areas, the City will notify alcohol
licensees and provide to them information regarding the legal alternatives.
ATTACHMENTS:
Powerpoint
Page 78 of 95
Public Consumption Areas
Tamara Niles
City Attorney
Page 79 of 95
•March 18, 2020, Englewood City Council adopted Emergency Ordinance No. 10, Series 2020, granting City Manager Authority to issue emergency orders in light of Covid.
•June 5, 2020 Governor Polis issued Executive Order No. D 2020 093, temporarily suspending C.R.S. 44-3-901(1)(i)(D)(VII), prohibiting the public consumption of alcohol on any public right-of-way that has been authorized by a municipality.
•June 12, 2020 and June 26, 2020, the City Manager issued two emergency orders intended to directly combat the financial effects of Covid-19 on bars and restaurants within two specific geographic areas of the City authorizing the consumption of to-go cocktails in designated public outdoor areas.
Background
Page 80 of 95
•July 19, 2021, City Council adopted Ordinance 30, Series of 2021, repealing the 2020 Emergency Ordinance but extending stay on enforcement of Englewood Municipal Code 5-3C-3(A)(prohibiting public consumption) in two designated areas within the City.
•But on July 8, 2021, Governor Polis signed Executive Order D 2021 122, rescinding multiple state-wide Executive Orders, including 2020 011 and its amendments. Executive Order 2020 011, was amended by D 2020 029, D 2020 052, D 2020 084, D 2020 093, D 2020 118, D 2020 147, D 2020 173, D 2020 201, D 2020 229, D 2020 257, D 2020 283,D 2021 018, D 2021 044, D 2021 067, D 2021 086, and D 2021 100.
Background (continued)Page 81 of 95
•D 2020 093 allowed for the suspension on enforcement of C.R.S. 44-3-901(1)(i)(VII), which prohibits consumption of alcohol in a public right of way.
•By repealing 2020 011 “and its amendments”, those consuming alcohol in public right of way of the Englewood designated public consumption areas may be under the mistaken belief that their actions comply with law.
•While they would not be charged in Municipal Court due to the stay on City enforcement of its own ordinance prohibiting public consumption, they could be subject to prosecution in District Court for a violation of state law, C.R.S. 44-3-901(1)(i)(VII).
Public Consumption Now Unlawful
Page 82 of 95
•City Council has two options:
•1. Adopt a Resolution repealing the public consumption areas; or
•2. Amend the public consumption areas to remove all public right of way as authorized public consumption areas.
Options
Page 83 of 95
•The maps designating public consumption areas follow
•As shown, the majority of public consumption areas are public right of way, including Broadway, Hampden Avenue
•It appears amendment of maps to remove public right of way is not feasible
Public Consumption Areas
Page 84 of 95
Page 85 of 95
Page 86 of 95
•Because amendment of public consumption maps to remove public right of way is not feasible, we recommend the City repeal the provisions of Ordinance No. 30, Series of 2021, authorizing the continued stay on enforcement of EMC 5-3C-3(A) (Unlawful to Possess Open Container of Intoxicating Liquor in Public) on certain designated public consumption areas within the City.
Recommendation: Repeal
Page 87 of 95
•Public Consumption Areas were approved to encourage patronage of alcohol-related businesses within the City
•If public consumption areas are repealed, those businesses may utilize the following legally-sound options for expanded outdoor areas for consumption by customers:
1.To -Go/Delivery Cocktails: State Permit required (no City permit at this time)
2.Expanded Outdoor Seating: Must Formally Modify Premises for Alcohol Consumption with State and City by October 31, 2021; City permit required to utilizeprivate parking spaces required by UDC and for City right-of-way
3.Communal Dining Areas: Two or more businesses may share an area to include on-premises consumption, within 1,000 feet of permanent licensed premises (not required to be contiguous); Must Formally Modify Premises for Alcohol Consumption; City permit required to utilize private parking spaces required by UDC and for City right-of-way; Must have Security and Control Plan approved by State/City
4.Festivals in Public Spaces:Senate Bill 21-082 authorizes licensees (including restaurants and bars) to sell and serve alcohol at festivals in public spaces up to 9 times in a 12-month period, if authorized and permitted by State and City.
5.Entertainment District: City Council adopts Ordinance creating an Entertainment District with a Common Consumption Area operated by a Promotional Association (complex requirements for creation and operation)
Other Outdoor Consumption Options
Page 88 of 95
If Council agrees that public consumption areas should be repealed, City Attorney’s office will draft a proposed Resolution for consideration by City Council.
Moving Forward
Page 89 of 95
QUESTIONS?Page 90 of 95
EXECUTIVE SESSION MOTION FORM
(Note: 2/3 quorum present must vote yes to pass any motion to go into executive session; and an
executive session may only occur at a regular or special meeting of the body.)
If 7 members are present 5 members must vote yes
If 6 members are present 4 members must vote yes If
5 members are present 4 members must vote yes
I MOVE TO GO INTO CONSECUTIVE EXECUTIVE SESSIONS TONIGHT:
____1____ For a conference with the City attorney for the purpose of receiving legal advice on specific legal
questions under C.R.S. Section 24-6-402(4)(b);
Present at the executive session are the following persons:
Mayor Linda Olson
Mayor Pro Othoniel Sierra
Council Member Rita Russell
Council Member Joe Anderson
Council Member Dave Cuesta
Council Member Steven Ward
Council Member Cheryl Wink
City Manager Shawn Lewis
City Attorney Tamara Niles
Director of Utilities and South Platte Renew Pieter Van Ry
Special Council Peter Nicholes
May I have a second? VOTE We will now exit this meeting and reconvene in the Pike’s Peak room on
the 3rd floor.
Page 91 of 95
ANNOUNCEMENT 1
BEFORE EXECUTIVE SESSION COMMENCES
ANNOUNCEMENT TO BE MADE BY PRESIDING OFFICER AT THE BEGINNING OF THE
EXECUTIVE SESSION (MAKE SURE THE TAPE RECORDER IS TURNED ON; DO NOT IT OFF
DURING THE EXECUTIVE SESSION UNLESS SO ADVISED BY THE CITY ATTORNEY)
TURN ON RECORDING
When all are present Ask: City Attorney Tamara Niles, can you please begin the recording of this Exec.
Session?
Today’s date is September 27, 2021, and the time is ______________________.
For the record, I am Mayor Linda Olson. As required by the Open Meetings Law, this executive session is being
electronically recorded
Also present at this executive session are the following persons:
Mayor Pro Othoniel Sierra
Council Member Rita Russell
Council Member Joe Anderson
Council Member Dave Cuesta
Council Member Steven Ward
Council Member Cheryl Wink
City Manager Shawn Lewis
City Attorney Tamara Niles
Director of Utilities and South Platte Renew Pieter Van Ry
Special Council Peter Nicholes
This is an executive session for the following purpose:
For a conference with the City attorney for the purpose of receiving legal advice on specific legal questions
under C.R.S. Section 24-6-402(4)(b);
If at any point in the executive session any participant believes that the discussion is going outside the proper
scope of the executive session, please interrupt the discussion and make an objection
Page 92 of 95
ANNOUNCEMENT 2
ATTORNEY CLIENT PRIVILEGED INFORMATION
ANNOUNCEMENTS TO BE MADE AT THE BEGINNING OF EXECUTIVE SESSION FOR LEGAL
ADVICE, OR FOR THE DISCUSSION OF LEGAL ADVICE DURING AN EXECUTIVE
SESSION WHOSE STATED PURPOSE IS A SUBJECT OTHER THAN LEGAL ADVICE
By City Attorney:
As City Attorney, it is my opinion that the discussion of the matter announced in the motion to go into executive
session constitutes a privileged attorney-client communication. I am therefore recommending that no further
record be kept of this executive session, unless or until the privileged communication is concluded.
By Presiding Officer:
The City Attorney has recommended that no further record be kept of this executive session. The time is
now__________ and I am turning off the tape recorder
(turn off tape recorder at this time)
(If the attorney-client communication has finished, but the executive session continues, TURN THE TAPE
RECORDER BACK ON)
By Presiding Officer:
The time is now ________________and I have turned the tape recorder back on because the privileged attorney-
client communication is concluded.
(AT THE END OF THE EXECUTIVE SESSION, MAKE SURE ANNOUNCEMENT NO. 2 IS MADE
BEFORE TURNING OFF THE TAPE RECORDER)
Page 93 of 95
ANNOUNCEMENT 3
CONCLUDING AN EXECUTIVE SESSION
ANNOUNCEMENT TO BE MADE BY THE PRESIDING OFFICER BEFORE CONCLUDING THE
EXECUTIVE SESSION (WHILE THE TAPE RECORDER IS RECORDING).
I hereby attest that this recording reflects the actual contents of the discussion at the executive session and has
been made in lieu of any written minutes to satisfy the recording requirements of the Open Meetings Law.
The tape will be retained by the City for a 90-day period.
The time now is _______________, and this executive session is concluded. The Governing Body will now
return to the open meeting
(turn off recording and return to open meeting)
Page 94 of 95
ANNOUNCEMENT 4
RETURN TO OPEN MEETING
STATEMENT TO BE MADE BY THE PRESIDING OFFICER UPON RETURNING TO THE OPEN
MEETING
The time is now ____________________and the executive session has been concluded.
Present at the executive session are the following persons:
Mayor Linda Olson
Mayor Pro Othoniel Sierra
Council Member Rita Russell
Council Member Joe Anderson
Council Member Dave Cuesta
Council Member Steven Ward
Council Member Cheryl Wink
City Manager Shawn Lewis
City Attorney Tamara Niles
Director of Utilities and South Platte Renew Pieter Van Ry
Special Council Peter Nicholes
I move to close the executive session; may I have a second? VOTE
For the record, if any person who participated in the executive session believes that any substantial discussion
of any matters not included in the motion to go into the executive session occurred during the executive session,
or that any improper action occurred during the executive session in violation of the Open Meetings Law, I would
ask that you state your concerns for the record
Seeing none, the next agenda item is: (13 b. 1. Council Members Choice)
Page 95 of 95