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HomeMy WebLinkAbout2021-11-15 (Regular) Meeting Agenda Packet 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. Council Chambers/Community Room 1000 Englewood Pkwy. Englewood, CO 80110 AGENDA City Council Regular Meeting Monday, November 15, 2021 ♦ 7:00 PM This meeting will begin in the Council Chambers at 7:00 p.m. The Council will move to the Community Room before agenda item 7 (Recognition of Scheduled Public Comment) and will remain in the Community Room for all remaining Council Business. This City Council Special/Regular 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=ZDGT9cn5YiU 1. Call to Order 2. Pledge of Allegiance 3. Roll Call 4. Study Session Topic 5. Consideration of Minutes of Previous Session a. Minutes of the Regular City Council Meeting of November 1, 2021. 5a 6. Appointments, Communications, Proclamations, and Recognition a. Introduction of Assistant City Attorney Victoria McDermott. b. City Council Recognition and Swearing-In. The Mayor will ask the City Clerk to announce the status of the election. City Council will make a determination of the election and qualifications of its membership. Comments and recognition of families and/or guests by the departing members of City Council. Farewell comments to departing members. Reception in Atrium. 8:00 p.m. - Return to Council Chambers Page 1 of 82 Englewood City Council Regular Agenda November 15, 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. The re-elected Municipal Judge Joe Jefferson will be sworn in by Associate Judge Jonathan Lucero. The newly-elected/re-elected City Council Members will be sworn in by the Honorable Judge Joe Jefferson. Members of City Council are seated (in temporary spaces) and the Mayor Pro Tem asks the City Clerk to call the roll of City Council Members. The Mayor Pro Tem will then declare whether a quorum is present. The Mayor Pro Tem calls for nominations for Mayor. The new Mayor assumes the Chair and calls for nominations for Mayor Pro Tem. Permanent seating assignments are selected by seniority. Recognition of families and/or guests of the newly-elected/re-elected Members of City Council. Welcoming comments to new members. Council will adjourn into the Community Room to conduct items of business on the agenda. 7. Recognition of Scheduled Public Comment The deadline to sign up to speak for Scheduled Public Comment is Wednesday by 5 p.m., prior to the meeting, through the City Clerk’s Office. This is an opportunity for the public to address City Council. There is 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. Written materials for presentation to Council may be submitted to the City Clerk. a. Ed Kahn, an Englewood resident, will address Council regarding easements. 8. Recognition of Unscheduled Public Comment If you would like to sign-up to speak for public comment at the upcoming City Council meeting on Monday, November 15th please visit https://englewoodco.zoom.us/webinar/register/WN_P8hqF6fZRsugyEMlg5LNPA and register, or plan to attend the meeting in person at 1000 Englewood Pkwy, Second Floor Community room. If registering to speak virtually, you will receive a unique and personalized invitation by email to join the meeting. Every speaker who wants to register should sign-up with their own email address. If you do not have an email address or if you have any questions regarding this process, please reach out to the City Clerk's Office at CityClerk@englewoodco.gov or call 303- 762-2430. Page 2 of 82 Englewood City Council Regular Agenda November 15, 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. Citizens may also submit written public comments to the City Clerk's Office at CityClerk@englewoodco.gov until 12 p.m.Tuesday, November 16th. This is an opportunity for the public to address City Council. There is 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 3 minutes. Council Response to Public Comment. 9. Consent Agenda Items a. Approval of Ordinances on First Reading i. CB 53 - After temporarily extending Covid-related public consumption areas, City Council requested presentation of an Ordinance to amend Municipal Code to permanently provide for authorized public areas for public consumption of alcohol CB 53 - 11ai b. Approval of Ordinances on Second Reading. c. Resolutions and Motions 10. Public Hearing Items 11. Ordinances, Resolutions and Motions a. Approval of Ordinances on First Reading i. CB 54 - Authorizing the sale of the Metro Fire Training Center 11aii Staff recommends City Council approve a Bill for an Ordinance authorizing the Metro Fire Training Center sale to South Metro Fire Rescue Protection District for the amount of $188,105.88. Staff: Director of Public Works Maria D'Andrea b. Approval of Ordinances on Second Reading c. Resolutions and Motions i. Memorandum of Understanding regarding advancement of funds for grant- funded improvements to the South Broadway paseos and crosswalk. 11ci Staff recommends City Council approve by motion a Memorandum of Understanding to advance funding to Englewood Downtown Development Authority for a Colorado Department of Transportation grant for proposed improvements to the City right of way in the amount of $149,325. Staff: Redevelopment Manager Dan Poremba and Englewood Downtown Development Authority Executive Director Hilarie Portell 12. General Discussion Page 3 of 82 Englewood City Council Regular Agenda November 15, 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. a. Mayor's Choice b. Council Members' Choice 13. City Manager’s Report 14. Adjournment Page 4 of 82 MINUTES Hybrid City Council Special/Regular Meeting Monday, November 1, 2021 1000 Englewood Parkway - 2nd Floor Community Room 6:00 PM 1 Call to Order The Special/Regular meeting of the Englewood City Council was called to order by Mayor Olson at 6:01 p.m. 2 Pledge of Allegiance The Pledge of Allegiance was led by Mayor Olson 3 Roll Call COUNCIL PRESENT: Mayor Linda Olson Mayor Pro Tem Othoniel Sierra Council Member Dave Cuesta Council Member Rita Russell Council Member Steven Ward Council Member Cheryl Wink COUNCIL ABSENT: Council Member Joe Anderson STAFF PRESENT: City Manager Lewis City Attorney Niles Assistant City Manager Dodd Assistant City Attorney Parker City Clerk Carlile Deputy City Clerk McKinnon Director of Finance Loh Director of Community Development Power Director of Public Works D'Andrea Director of Utilities and South Platte Renew Van Ry Director of Parks, Recreation, Library, and Golf Underhill Deputy Chief Fender, Police Department Deputy Director of Business Solutions Stone, Utilities Department Deputy Director of Operations & Maintenance Edelstein, Public Works Economic Development Manager Hollingsworth, Community Development Chief Building Official Montanez, Community Development Page 1 of 9 Draft Page 5 of 82 Hybrid City Council Special/Regular November 1, 2021 Senior Planner Bell, Community Development Facilities Project Manager Donakowski, Public Works Revenue and Tax Audit Supervisor Driscoll, Finance Operations Manager Creager, Information Technology Network Administrator Hunnicutt, Information Technology Officer Hume, Police Department 4 Study Session Topic a) Director of Community Development Brad Power, Planning Manager Wade Burkholder, and Project Manager Chris Brewster from Gould Evans were present to discuss an update on Title 16 Amendments and the work of the UDC Steering Committee. 5 Consideration of Minutes of Previous Session a) Minutes of the Regular City Council Meeting of October 18, 2021. Moved by Council Member Othoniel Sierra Seconded by Council Member Steven Ward APPROVAL OF THE MINUTES OF THE SPECIAL/REGULAR CITY COUNCIL MEETING OF OCTOBER 18, 2021 AS AMENDED. For Against Abstained Linda Olson x Othoniel Sierra (Moved By) x Dave Cuesta x Rita Russell x Steven Ward (Seconded By) x Cheryl Wink x 6 0 0 Motion CARRIED. 6 Appointments, Communications, Proclamations, and Recognition a) Kaitlin Parker was introduced as the new Assistant City Attorney 7 Recognition of Scheduled Public Comment a) Joseph DeSimone, an Englewood resident, addressed Council regarding zip codes and taxes. b) Steven Kelly, an Englewood resident, addressed Council regarding off-leash dog park data. 8 Recognition of Unscheduled Public Comment Page 2 of 9 Draft Page 6 of 82 Hybrid City Council Special/Regular November 1, 2021 a) Ed Kahn, an Englewood resident, addressed Council regarding easements and an update from last week. b) C.A. Dickerson, an Englewood resident, addressed Council regarding the park ordinance. Council Member Wink responded to Public Comment. 9 Consent Agenda Items Council Member Russell removed Agenda Items 9 (b)(i) and (c)(i-iii) from Consent Agenda. Moved by Mayor Pro Sierra, seconded by Council Member Wink to approve Consent Agenda Items 9(b)(ii-iv) and 9(c)(iv-vi). a) Approval of Ordinances on First Reading There were no Ordinances on First Reading. b) Approval of Ordinances on Second Reading. i) CB 49 - Establishing park rules and regulations regarding off-leash dog privileges. [Clerks note: This agenda item was removed from the Consent Agenda Motion and considered independently.] Moved by Council Member Othoniel Sierra Seconded by Council Member Cheryl Wink ORDINANCE NO. 54, SERIES OF 2021 (COUNCIL BILL NO. 49, INTRODUCED BY COUNCIL MEMBER SIERRA) AN ORDINANCE AMENDING TITLE 7, CHAPTER 1, ARTICLE A, SECTION 7-1A-3 OF ENGLEWOOD MUNICIPAL CODE AUTHORIZING OFF-LEASH DOG PRIVILEGES AT CERTAIN LOCATIONS DURING ESTABLISHED HOURS. For Against Abstained Linda Olson x Othoniel Sierra (Moved By) x Dave Cuesta x Rita Russell x Steven Ward x Cheryl Wink (Seconded By) x 5 1 0 Page 3 of 9 Draft Page 7 of 82 Hybrid City Council Special/Regular November 1, 2021 Motion CARRIED. ii) CB 50 - Proposed rate increase for the Stormwater Utility Fund ORDINANCE NO. 51 SERIES OF 2021 (COUNCIL BILL NO. 50, INTRODUCED BY COUNCIL MEMBER SIERRA) AN ORDINANCE ESTABLISHING STORM WATER UTILITY AND ENTERPRISE FUND USER FEES IN ACCORDANCE WITH TITLE 12, CHAPTER 5, SECTION 4, SUBSECTION E, OF THE ENGLEWOOD MUNICIPAL CODE 2000. iii) CB 51 - 2022 Sewer Utility Rates Ordinance ORDINANCE NO. 52, SERIES OF 2021 (COUNCIL BILL NO. 51, INTRODUCED BY COUNCIL MEMBER SIERRA) AN ORDINANCE AMENDING TITLE 12, CHAPTER 2, SECTION 3, SUBSECTION B, OF THE ENGLEWOOD MUNICIPAL CODE, AND ESTABLISHING WASTEWATER (SANITARY SEWER) RATES IN ACCORDANCE THEREWITH. iv) CB 52 - 2022 Sewer Utility Fees Ordinance ORDINANCE NO. 53, SERIES OF 2021 (COUNCIL BILL NO. 52, INTRODUCED BY COUNCIL MEMBER SIERRA) AN ORDINANCE AMENDING TITLE 12, CHAPTER 2, SECTION 8 OF THE ENGLEWOOD MUNICIPAL CODE 2000 REGARDING WASTEWATER (SANITARY SEWER) CONNECTION AND COLLECTION FEES. c) Resolutions and Motions i) Annual contract with AEC-West [Clerks note: This agenda item was removed from the Consent Agenda Motion and considered independently.] Moved by Council Member Linda Olson Seconded by Council Member Othoniel Sierra Approval of the annual contract with AEC-West for building plan review and inspection services in the amount of $130,000. For Against Abstained Linda Olson (Moved By) x Othoniel Sierra (Seconded By) x Page 4 of 9 Draft Page 8 of 82 Hybrid City Council Special/Regular November 1, 2021 Dave Cuesta x Rita Russell x Steven Ward x Cheryl Wink x 6 0 0 Motion CARRIED. ii) Contract extension between AllHealth Network and the City of Englewood [Clerks note: This agenda item was removed from the Consent Agenda Motion and considered independently.] Moved by Council Member Linda Olson Seconded by Council Member Othoniel Sierra Approval of an annual contract extension with All Health Network for mental health co-responder and case manager coverage in the amount of $262,707.00. For Against Abstained Linda Olson (Moved By) x Othoniel Sierra (Seconded By) x Dave Cuesta x Rita Russell x Steven Ward x Cheryl Wink x 6 0 0 Motion CARRIED. iii) Removal of Englewood Housing Authority Alternate Member [Clerks note: This agenda item was removed from the Consent Agenda Motion and considered independently.] Moved by Council Member Linda Olson Seconded by Council Member Othoniel Sierra Approval to remove Englewood Housing Authority Alternate Member Ogonosky from the committee due to lack of attendance. For Against Abstained Linda Olson (Moved By) x Othoniel Sierra (Seconded By) x Dave Cuesta x Rita Russell x Page 5 of 9 Draft Page 9 of 82 Hybrid City Council Special/Regular November 1, 2021 Steven Ward x Cheryl Wink x 6 0 0 Motion CARRIED. iv) Change Order with TK Elevator for RTD Elevator Modernization Approval of a change order with TK Elevator for RTD Elevator modernization in the amount of $60,004. v) Update on the City of Englewood 2020-2022 Strategic Plan progress, as well as accepting recommended revisions to the plan. Approval of the Quarter 3 2021 Strategic Plan Performance Report (Dashboard) and accept modifications to the Strategic Plan recommended by staff. vi) Resolution for the 2022 Fee and Rate Schedule RESOLUTION NO. 38, SERIES OF 2021 A RESOLUTION ADOPTING THE 2022 FEE AND UTILITY RATE SCHEDULE FOR THE CITY OF ENGLEWOOD, COLORADO. Moved by Council Member Othoniel Sierra Seconded by Council Member Cheryl Wink Approval of Consent Agenda Items 9(b)(ii-iv) and 9(c)(iv-vi). For Against Abstained Linda Olson x Othoniel Sierra (Moved By) x Dave Cuesta x Rita Russell x Steven Ward x Cheryl Wink (Seconded By) x 6 0 0 Motion CARRIED. 10 Public Hearing Items No public hearing was scheduled before Council. 11 Ordinances, Resolutions and Motions a) Approval of Ordinances on First Reading Page 6 of 9 Draft Page 10 of 82 Hybrid City Council Special/Regular November 1, 2021 There were no Ordinances on First Reading. b) Approval of Ordinances on Second Reading There were no additional Ordinances on Second Reading (See Agenda Items 9(c)(i-iv). c) Resolutions and Motions i) Memorandum of Understanding regarding the Settlement of Opioid Litigation Moved by Council Member Othoniel Sierra Seconded by Council Member Steven Ward RESOLUTION NO. 39, SERIES OF 2021 A RESOLUTION AUTHORIZING THE CITY OF ENGLEWOOD, COLORADO TO ACCEPT SETTLEMENT IN OPIOID LITIGATION BY AUTHORIZING EXECUTION OF DOCUMENTS MEMORIALIZING SAME. For Against Abstained Linda Olson x Othoniel Sierra (Moved By) x Dave Cuesta x Rita Russell x Steven Ward (Seconded By) x Cheryl Wink x 6 0 0 Motion CARRIED. ii) Economic Partnership Agreement between the City of Englewood and Englewood Chamber of Commerce Moved by Council Member Othoniel Sierra Seconded by Council Member Linda Olson RESOLUTION NO. 40, SERIES OF 2021 A RESOLUTION AUTHORIZING AN ECONOMIC PARTNERSHIP AGREEMENT WITH THE GREATER ENGLEWOOD CHAMBER OF COMMERCE. For Against Abstained Page 7 of 9 Draft Page 11 of 82 Hybrid City Council Special/Regular November 1, 2021 Linda Olson (Seconded By) x Othoniel Sierra (Moved By) x Dave Cuesta x Rita Russell x Steven Ward x Cheryl Wink x 5 1 0 Motion .CARRIED. iii) Contract for Custodial Services in City Facilities Moved by Council Member Cheryl Wink Seconded by Council Member Othoniel Sierra Approval of a contract with Regal Facility Management to provide custodial services in city facilities in the amount of $448,788.00. For Against Abstained Linda Olson x Othoniel Sierra (Seconded By) x Dave Cuesta x Rita Russell x Steven Ward x Cheryl Wink (Moved By) x 5 1 0 Motion CARRIED. 12 General Discussion a) Mayor's Choice b) Council Members' Choice i) City Council discussed a proposed Historic Preservation Ordinance. This will be discussed further at a future Study Session. 13 City Manager’s Report 14 City Attorney’s Report 15 Adjournment Roll call was taken to adjourn the meeting - Six Ayes. The meeting adjourned at 8:13 p.m. Page 8 of 9 Draft Page 12 of 82 Hybrid City Council Special/Regular November 1, 2021 City Clerk Page 9 of 9 Draft Page 13 of 82 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Tamara Niles DEPARTMENT: City Attorney's Office DATE: December 13, 2021 SUBJECT: CB 53 - Ordinance Amending Municipal Code regarding Authorized Public Consumption Areas DESCRIPTION: CB 53 - After temporarily extending Covid-related public consumption areas, City Council requested presentation of an Ordinance to amend Municipal Code to permanently provide for authorized public areas for public consumption of alcohol RECOMMENDATION: City Council should adopt an ordinance amending its currently-authorized public consumption areas, to comply with now-applicable state law that prohibits alcohol consumption on public rights of way (such as streets, alleys, and sidewalks). If City Council desires to continue authorized open public consumption, we recommend it be continued only at the City paseos at this time, as it is a clearly-defined area, the parameters of public consumption can be identified through signage, and the paseos are located near Englewood Grand, which is the only City business currently licensed for takeout cocktails. This area is described as Option A in Council Bill 53. (Option B in CB 53 provides for the current open consumption area excluding the Duck Pond and rights of way; Option C in CB 53 provides for the current open consumption area excluding rights of way.) PREVIOUS COUNCIL ACTION: On March 10, 2020 Jared Polis, the Governor of the State of Colorado, declared a statewide emergency in response to coronavirus (COVID-19); and on March 18, 2020 the City Council of the City of Englewood in response to coronavirus (COVID-19) passed Ordinance No. 10, Series of 2020 declaring a public health emergency as authorized by Englewood Municipal Charter §41. That ordinance granted to the City Manager full power and authority to take certain actions and issue certain orders to protect the public health, safety, and welfare in the face of the coronavirus (COVID-19) and thereafter, the City Manager issued two emergency orders authorizing expanded outdoor consumption of alcohol to allow patrons of alcohol-related businesses to continue to frequent those businesses but still socially distance. On the 19th day of July, 2021, City Council adopted Ordinance No. 30, Series of 2021, repealing Emergency Ordinance No. 10, Series of 2020, but continuing authorization for expanded outdoor consumption. After a study session presentation on this issue, City Council directed staff to prepare an Ordinance permanently implementing expanded public consumption areas but removing public rights of way as required by now-applicable state law (which was stayed during Covid under a Governor emergency order). Upon consideration of the proposed ordinance on November 15, City Council tabled this matter and directed staff to contact business owners within the proposed public consumption areas to gauge public support for continued public consumption. Englewood Downtown Development Page 14 of 82 Authority and the City Communications department created and submitted a survey for business owners, and the results of that survey were not yet received by the time of agenda publication. This information will be presented during the meeting. SUMMARY: Pursuant to direction of Council at prior meetings, the proposed Ordinance amends Englewood Municipal Code Section 5-5C-3 to permanently provide for an exception to the City's prohibition on public possession of open containers of intoxicating liquor by authorizing possession within a defined area of downtown Englewood. The proposed Ordinance presents several options for continued public consumption areas, and it also proposes set hours for open public consumption of noon to 1 a.m. ANALYSIS: As presented, the Ordinance codifies the City's extension of authorized public consumption of alcohol in a defined section of downtown Englewood, but not on public rights of way to reflect state law's prohibition of alcohol consumption on public rights of ways. The potential defined areas, shown on the attached map, include the City Duck Pond/Little Dry Creek Plaza, which recently has been the site of a significant number of criminal incidents but is preparing to undergo significant changes through a redevelopment construction project. This project is still in the design phase, and we anticipate it will be approximately 12 months before completion. The Ordinance also makes slight revisions to style and format of the affected section of EMC. There is some concern regarding notification to the public, to ensure they do not inadvertently violate the law by consuming alcohol in public rights of way. In order to respond to this concern, City Council could consider designating only the City paseos for public consumption and providing signage to that effect in the paseos. (The paseos also are preparing to undergo improvement, through a $150,000 Colorado Department of Transportation (CDOT) grant recently awarded to the Englewood Downtown Development Authority (EDDA)). CONCLUSION: City Council should adopt an Ordinance regarding authorized public consumption, to ensure the City-authorized areas do not conflict with state law prohibiting alcohol consumption on public rights of way. Where, or if, City Council chooses to continue permanent authorization of public consumption is a policy decision for Council. FINANCIAL IMPLICATIONS: No financial implications to City government. CONNECTION TO STRATEGIC PLAN: Safety, Local Economy OUTREACH/COMMUNICATIONS: The City Attorney met with the owner of Englewood Grand to discuss this matter, as Englewood Grand is the only business currently licensed in the City for take-out cocktails. EDDA and the City Communications department contacted other alcohol-licensed businesses within the area previously authorized for open public consumption. ATTACHMENTS: Page 15 of 82 Council Bill #53 Powerpoint previously presented at Study Session Updated public consumption map Council Request regarding police activity at Duck Pond/Little Dry Creek Plaza Page 16 of 82 1 BY AUTHORITY ORDINANCE NO. ____ COUNCIL BILL NO. 53 SERIES OF 2021 INTRODUCED BY COUNCIL MEMBER _________________ A BILL FOR AN ORDINANCE AMENDING TITLE 5, CHAPTER 3, SECTION 5-3C-3 OF ENGLEWOOD MUNICIPAL CODE AND REPEALING PROVISIONS OF ORDINANCE NO. 30 SERIES OF 2021 REGARDING POSSESSION OF OPEN CONTAINERS OF INTOXICATING LIQUOR IN PUBLIC WITHIN THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, on March 10, 2020 Jared Polis, the Governor of the State of Colorado, declared a statewide emergency in response to coronavirus (COVID-19); and WHEREAS, on March 18, 2020 the City Council of the City of Englewood in response to coronavirus (COVID-19) passed Ordinance No. 10, Series of 2020 declaring a public health emergency as authorized by Englewood Municipal Charter §41; and WHEREAS, Ordinance No. 10, Series 2020 granted to the City Manager full power and authority to take certain actions and issue certain orders to protect the public health, safety, and welfare in the face of the coronavirus (COVID-19); and WHEREAS, the City Manager issued two emergency orders authorizing expanded outdoor consumption of alcohol to allow patrons of alcohol-related businesses to continue to frequent those businesses but still socially distance; and WHEREAS, on the 19th day of July, 2021, City Council adopted Ordinance No. 30, Series of 2021, repealing Emergency Ordinance No. 10, Series of 2020, but continuing authorization for expanded outdoor consumption; and WHEREAS, continued authorization for expanded outdoor consumption of intoxicating liquor supports the patronage of businesses permitted for takeout alcoholic drinks located near the expanded areas; and WHEREAS, in order to permanently expand and authorize continued outdoor consumption of intoxicating liquor, the City must amend Englewood Municipal Code Section 5- 3C-3. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. Amendment of Englewood Municipal Code Title 5, Chapter 3, Section 5-3C-3 of Englewood Municipal Code is hereby amended to read as follows (new provisions in italics, deleted provisions struck through): 5-3C-3: - Unlawful to Possess Open Container of Intoxicating Liquor in Public. Page 17 of 82 2 A. It shall be unlawful for any person to have in their his possession or under their his control in any public place any intoxicating liquor in any container of any kind or description which is not sealed or on which the seal is broken, notwithstanding any provision of C.R.S. § 44-3-423 to the contrary, a licensee described in subsection 2 may permit a customer of the licensee to reseal and remove from the licensed premises one (1) opened container of partially consumed vinous liquor purchased on the premises so long as the originally sealed container did not contain more than seven hundred fifty (750) milliliters of vinous liquor. 1. The provisions of this section shall apply to a licensee: (a) That is duly licensed as a manufacturer's licensee under Colorado Revised Statutes § 44-3-402, a limited winery licensee under § 44-3-403, a beer and wine licensee under C.R.S. § 44-3-411, a hotel and restaurant licensee under C.R.S. § 44-3-413, a tavern licensee under C.R.S. § 44-3-414, a brew pub licensee under C.R.S. § 44-3-417, or a vintner's restaurant licensee under C.R.S. § 44-3-422; and (b) That has meals, as defined in C.R.S. § 44-3-103(31), available for consumption on the licensed premises. 2. Exceptions. (a) A licensee described in subsection (A)(1) may permit a customer of the licensee to reseal and remove from the licensed premises one (1) opened container of partially consumed vinous liquor purchased on the premises so long as the originally sealed container did not contain more than seven hundred fifty (750) milliliters of vinous liquor. (b) The Englewood Liquor Licensing Authority may grant a special events permit or festival permit under the procedures set forth in the liquor code. (c) The prohibition contained within section A shall not apply during the hours of noon to 1 a.m. in the area within the City of Englewood as follows: OPTION A (CITY PASEOS ONLY): The City paseos located on the East and West sides of S. Broadway within the 3400 Block, legally described as: Lot 37 & Court 14.6 Ft Wide Blk 1 Enwood Add and Beg 50 Ft E & 275.2 Ft N Of S 1/4 Cor Sec 34-4-68 Th E 125 Ft Th N 57.5 Ft Th W 125 Ft Ths 57.5 Ft To Beg Except S 18.9 Ft Sec 34-4-68 less and except any public rights of way. Page 18 of 82 3 OPTION B (CURRENT OPEN PUBLIC CONSUMPTION AREAS IN 3200 AND 3400 BLOCKS OF S BROADWAY, EXCLUDING RIGHTS OF WAY AND DUCK POND): The West side of the 3200 block of S. Broadway, beginning at the intersection of W. Eastman and S. Acoma, then East on W. Eastman to S. Broadway, then South on S. Broadway to W. Floyd, then West on W. Floyd to S. Acoma, then North on S. Acoma to point of beginning, less and except any public rights of way And The West side of the 3400 block of S. Broadway, described as the East 80 feet of Lots 25-26, and Lots 27-43, Block 1, Enwood Addition less and except any public rights of way; and the East side of the 3400 block of S. Broadway, beginning at the intersection of S. Broadway and E. Girard, then East on E. Girard to the alleyway, then South on the alleyway to W. Hampden, then West on W. Hampden to S. Broadway, then North on S. Broadway to point of beginning, less and except any public rights of way. OPTION C (CURRENT OPEN PUBLIC CONSUMPTION AREA, EXCLUDING RIGHTS OF WAY BUT INCLUDING DUCK POND): Beginning at the intersection of West Eastman Avenue and South Broadway, then South on South Broadway to East Girard Avenue, then East on East Girard Avenue to the South Lincoln Street Alley, then South along the South Lincoln Street Alley to East Hampden Avenue, then West to South Broadway, then South on South Broadway to the on-ramp from South Broadway to Westbound Highway 285, then Northwest along Westbound Highway 285 to a point of intersection along a line extending from W. Hampden Avenue to the seating area on the West side of the Little Dry Creek Plaza Pond, then East along said line to the South Acoma Street alley, then North along the South Acoma Street alley to East Girard Avenue, then East to South Broadway, then North along South Broadway to South Floyd Avenue, then West on South Floyd Avenue to South Acoma Street, then North on South Acoma Street to West Eastman Avenue, then East on West Eastman Avenue to the point of beginning less and except any public rights of way. B. It shall be unlawful for any person to have in their his possession or under their his control any intoxicating liquor in any container of any kind or description which is not sealed or on which the seal is broken, in any vehicle in those areas accessible to the driver and passengers of said vehicle when such vehicle is in a public place. This subsection shall apply to possession of intoxicating liquor in a Page 19 of 82 4 vehicle, in areas of the vehicle accessible to the driver or passengers, when such vehicle is in a public place. C. Exemptions: The Englewood Liquor Licensing Authority may grant a special events permit under the procedures set forth in the liquor code. D. Concerning alcoholic beverages in motor vehicles: 1. Except as otherwise permitted in subsection (C)(2) Paragraph 3, a person while in the passenger area of a motor vehicle that is on a public highway of this State or the right-of-way of a public highway of this State may not knowingly: (a) Drink an alcoholic beverage; or (b) Have in his or her possession an open alcoholic beverage container. 2. The provisions of this subsection (CD) shall not apply to: (a) Passengers, other than the driver or a front seat passenger, located in the passenger area of a motor vehicle designed, maintained or used primarily for the transportation of persons for compensation; (b) The possession by a passenger, other than the driver or front seat passenger, of an open alcoholic beverage container in the living quarters of a house coach, house trailer, motor home, as defined in C.R.S. § 42-1-102(57), or trailer coach, as defined in C.R.S. § 42-1-102(106)(a); (c) The possession of an open alcoholic beverage container in the area behind the last upright seat of a motor vehicle that is not equipped with a trunk; or (d) The possession of an open alcoholic beverage container in an area not normally occupied by the driver or a passenger in a motor vehicle that is not equipped with a trunk. 3. A person who violates the provisions of this subsection (CD) commits a traffic violation and shall be punished pursuant to the Englewood Municipal Code. DE. Definitions. For purposes of this section: Alcoholic Beverage: Means a beverage as defined in 23 CFR 1270.3(a). Container: Includes, but is not limited to, any decanter, bottle, can, jar, thermos bottle or jug. Page 20 of 82 5 Motor Vehicle: Means a vehicle driven or drawn by mechanical power and manufactured primarily for use on public highways but does not include a vehicle operated exclusively on a rail or rails. Open Alcoholic Beverage Container: Means a bottle, can or other receptacle that contains any amount of alcoholic beverage and: (a) That is open or has a broken seal; or (b) The contents of which are partially removed. Passenger Area: Means the area designed to seat the driver and passengers while a motor vehicle is in operation and any area that is readily accessible to the driver or a passenger while in his or her seating position, including, but not limited to, the glove compartment. Public Place: Property either owned or controlled by a governmental entity, and shall include any place open to the general public, either free or by payment of an entrance fee, any sidewalk, street, alley, parking lot, park, poolroom, field house, stadium or ball park. Seal: Includes the regular and original tax seal applied by order of the United States government over the cap of each and every container of intoxicating beverages. Section 2. Repeal Section 3(D) of Ordinance No. 30, Series of 2021, which temporarily extended certain Public Consumption Areas within the City, is hereby repealed. Any temporary extensions authorizing a stay on the application of EMC 5-3C-3 to any area shall be null and void as of the effective date of this Ordinance. Section 3. General Provisions Applicable to this Ordinance The following general provisions and findings are applicable to the interpretation and application of this Ordinance: A. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or its application to other persons or circumstances. B. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. C. Effect of repeal or modification. The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change Page 21 of 82 6 in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. D. Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. This Safety Clause is not intended to affect a Citizen right to challenge this Ordinance through referendum pursuant to City of Englewood Charter 47. Introduced, read in full, and passed on first reading on the 13th day of December, 2021. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 16th day of December, 2021. Published as a Bill for an Ordinance on the City’s official website beginning on the 15th day of December, 2021 for thirty (30) days. Othoniel Sierra, Mayor ATTEST: Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Bill for an Ordinance introduced, read in full, and passed on first reading on the 15th day of November, 2021. Stephanie Carlile Page 22 of 82 Public Consumption Areas Tamara Niles City Attorney Page 23 of 82 •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 24 of 82 •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 25 of 82 •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 26 of 82 •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 27 of 82 •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 28 of 82 Page 29 of 82 Page 30 of 82 •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 31 of 82 •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 32 of 82 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 33 of 82 QUESTIONS?Page 34 of 82 Request No.: CRT - 0353 COUNCIL REQUEST MEMO TO: Mayor and Council REQUESTOR: Mayor Linda Olson FROM: Tamara Niles DEPARTMENT: City Attorney's Office DATE: September 29, 2021 SUBJECT: Please provide public safety/law enforcement concerns regarding the potential for allowing open alcohol consumption at the City Duck Pond/Dry Creek Plaza, including a description of law enforcement calls to that area. RESPONSE: We consulted with Englewood Police Department to determine if they have concerns with authorizing open consumption at the City Duck Pond/Dry Creek Plaza. In the last 12 months, EPD has logged 280 contacts at City Duck Pond/Dry Creek Plaza. Of those, 14 were alcohol- related; 11 were drug-related; and 5 were major crimes (including two deaths). The remaining logged incidents include dangerous animal, assault, disturbances, domestic abuse, noise complaint, welfare checks, suspicious incidents/persons, theft, threats, trespass, and resulting extra patrols. EPD believes the City will continue to experience a high number of issues if open consumption areas extend into this area, and EPD is not supportive of this proposition. To gauge whether continued expansion of open public consumption at City Duck Pond/Dry Creek Plaza encourages patronage of local businesses selling takeout cocktails, we also consulted with the owner of such a business within walking distance of the City Duck Pond/Dry Creek Plaza. The owner indicated that patrons utilize the nearby paseo, but does not believe any customers purchasing takeout cocktails consume them at Duck Pond/Dry Creek Plaza. The owner also was not supportive of open public consumption in this area at this time, and expressed public safety concerns. The business owner believes that should City Duck Pond/Dry Creek Plaza be re-energized, such as undergoing a redevelopment to increase retail/commercial activity that encourages families and responsible adults to frequent the area, these public safety concerns may be alleviated as the likelihood of crime will be reduced. We also consulted with EPD regarding continued expansion of public consumption areas in other areas. EPD believes that as long as open containers/consumption are in areas that are contiguous to the restaurants and establishments permitted to sell takeout cocktails, it appears any resulting issues would be negligible and this is unlikely to pose a public safety hazard. Page 35 of 82 Regardless, if the purpose of expanded public consumption areas is to encourage patronage of downtown businesses that sell takeout cocktails, City Council may wish to consider establishing hours for outdoor public consumption that align with the hours of operation of restaurants and bars within the City. This is a sampling of business hours for restaurants and bars within Englewood’s downtown Broadway corridor (per an internet search performed on 10-7-21, hours vary based on the day): One Barrel American Bistro and Wine Bar, 10 a.m. to 10 p.m.; Englewood Grand, 4 p.m. to 2 a.m.; The Tabletop Tap, 12 p.m. to 12 a.m.; Mick Mullen’s Irish Bar, 2 p.m. to 2 a.m.; Brewability Lab, 12 p.m. to 10 p.m. Open consumption is prohibited by state law in public rights of way. See C.R.S. 44-3- 901(1)(i)(VII). Rights of way generally are areas reserved for public travel, such as streets, alleys, and sidewalks. City Council may expand open consumption of alcohol in areas other than rights of way by adopting an ordinance amending EMC 5-3C-3(A) to authorize consumption in designated public areas. Page 36 of 82 $.23?m" E Eastman Ave ~av\°9“Ave mm33<3< m_w3mn_<<m< ummEOU<W W Eastman Ave W Floyd Ave mmmaaonxmumwm::onx_ m9m3_$m mw$_o.o;um W F[°ydAve mn E Girard Ave umcmE$.._mm m_.__..no_:ma E Hampden Ave um>m>>vmo_mm mnrmqoxmmmu mm3mn_<<m< umw$_o.w;u.w I.:'Englewood Page 37 of 82 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Maria D'Andrea DEPARTMENT: Public Works DATE: November 15, 2021 SUBJECT: CB 54 - Sale of Metro Fire Training Center DESCRIPTION: CB 54 - Approve an ordinance authorizing the sale of the Metro Fire Training Center to South Metro Fire Rescue Protection District. RECOMMENDATION: Staff recommends City Council approve a Bill for an Ordinance authorizing the sale of the Metro Fire Training Center. PREVIOUS COUNCIL ACTION: • August 9, 2021: The City Council discussed the results of staff's further investigation of payments related to the Fire Training Center. Staff performed additional research, based on Council direction, and will update Council on the proposed sale of the city's interests to South Metro Fire. (civicweb.net) • May 3, 2021: The City Council discussed this item at a Study Session and directed staff to investigate whether any payments had been made (other than those previously identified) related to the Fire Training Center. • March 15, 2021: The City Council discussed this item at a Study Session and directed staff to meet with South Metro Fire to obtain additional information on the basis of the proposed purchase price. SUMMARY: The city received a request from South Metro Fire Rescue to purchase the city's portion of the Metropolitan Fire Training Center, located at 2301 W. Chenango Avenue. The City Council has discussed the potential sale at three Study Session meetings. This item will authorize the sale of the city's share of the facility for $188,105.88. ANALYSIS: The Metropolitan Fire Training Center (MFTC) is a 3.32 acre site devoted to fire training. It contains a two-story office/classroom/garage building, training tower, and training structures. The site is used for the burning of different types of materials for training purposes. An appraisal of the site was conducted in April 2008. The current ownership is as shown in the following table: Page 38 of 82 Entity Ownership Percentage City of Englewood 25% South Metro Fire Rescue 75% South Metro recently purchased West Metro Fire Protection District's 25% share in the MFTC bringing their total ownership to seventy-five percent (75%). South Metro would purchase the city's 25% share with the following terms for the purchase: • A purchase price of $188,105.88, based upon a 2015 appraisal obtained by South Metro; • Each party would remain liable for its share of future environmental liability associated with the release of hazardous substances at the Center prior to the closing date. If fault cannot be apportioned, then each party would bear a one-quarter (1/4) share of the costs and damages associated with the release. This means that Littleton, Littleton Fire Protection, West Metro, South Metro, and the City of Englewood would share in the costs and damages. Conveyance of property does not relieve a party for past hazardous substance releases per federal laws, such as the Comprehensive Environmental Response, Compensation, Liability Act, (CERCLA). • No earnest money deposit would be required by the city; • South Metro would purchase a title insurance policy at its expense; and • Each party would pay its own closing costs or, South Metro would pay the closing costs if a title company facilitates the closing. Englewood has not contributed to maintenance costs for the site nor for items such as on-going utilities, environmental expenses, and site maintenance since 2015. Staff confirmed this by researching past payments made to the Center. Instead of getting a new appraisal and calculating operating expenses from 2016-2021 (which would be higher than 2009-2014) in order to determine Englewood’s buyout, South Metro is proposing to offer the same purchase price to Englewood as that offered to West Metro. Also, South Metro has entered into an agreement with Denver Fire, dated June 24, 2021, for the use of the Center without charge to Denver, for a minimum of 25 days per year. CONCLUSION: The purchase offer from West Metro to the city is the same that was offered to West Metro Fire and is based on a reasonable analysis to arrive at a proposed purchase price. FINANCIAL IMPLICATIONS: The 2015 appraised value of the property was $1,015,000. A one-fourth interest in the property would equate to $253,750. Englewood has not paid anything towards maintenance of the property since 2015. South Metro has utilized estimated costs from 2009-2014 as a basis for the maintenance costs owed by the various entities and has reduced the offer amount accordingly, as shown in the table below. The purchase offer is the same amount that South Metro Fire offered in their purchase of the West Metro Fire portion of the site. While negotiations between the two parties had stopped for a couple years, when it was determined that South Metro would merge with Littleton, South Metro Fire honored the proposed purchase price of approximately $196,000 to West Metro but Page 39 of 82 also factored in 1/4 of $33,000 in environmental assessment costs, which ultimately changed the buyout to $188,105.00. South Metro has used the same methodology to arrive at their purchase offer for the Englewood portion: Proposed Purchase Offer 1/4 interest = $1,015,000 / 4 $253,750.00 Less 1/4 site expenses (see attached) 2009-2014 = $229,463.50 / 4 ($57,365.88) Less 1/4 additional environmental expenses 2015-2020 = $33,113.00 / 4 ($8,278.25) Proposed Purchase Offer $188,105.88 CONNECTION TO STRATEGIC PLAN: Governance - A city government that is accountable, effective and efficient ATTACHMENTS: Council Bill #54 Contract to Buy and Sell Real Estate and Quit Claim Deed Presentation Page 40 of 82 1 BY AUTHORITY ORDINANCE NO. ____ COUNCIL BILL NO. 54 SERIES OF 2021 INTRODUCED BY COUNCIL MEMBER ________________ A BILL FOR AN ORDINANCE AUTHORIZING THE SALE OF THE METRO FIRE TRAINING CENTER TO SOUTH METRO FIRE RESCUE PROTECTION DISTRICT WHEREAS, the Metro Fire Training Center ("MFTC") was established in 1975 by a joint agreement between the Littleton Fire Protection District and the Cities of Englewood and Littleton; WHEREAS, in 1979 Castlewood Fire Protection District the predecessor to South Metro Fire Rescue Protection District ("SMFR") joined in the operation and use of the MFTC; WHEREAS, in 1981 Bancroft Fire Protection District which later formed the West Metro Fire Protection District joined in the operation and use of the MFTC; WHEREAS, the MFTC is a 4-acre parcel located in the City of Englewood and used for fire training activities by the four members as set forth in the 1981 agreement; WHEREAS, under the 1981 agreement the parties shared in the financial responsibility of the operation and maintenance of the facility; WHEREAS, since the 1981 agreement, the original parties have either merged into a larger fire protection district, or in the case of the City of Englewood entered into an IGA for fire protection services with the City of Denver; WHEREAS, due to these mergers and agreements for fire protection services, the original participants under the 1981 agreement, West Metro Fire Protection District, City of Littleton and Littleton Fire Protection District and the City of Englewood no longer use the MFTC for fire training purposes; WHEREAS, SMFR has proposed to purchase the shares of West Metro Fire Protection District and City of Englewood in the amount of $188,105.88 each, WHEREAS, the Littleton Fire Protection District and City of Littleton shares were transferred at the time of the merger between the two departments and SMFR; and Page 41 of 82 2 WHEREAS, SMFR and the Denver Fire Department have entered into a User Agreement wherein, DFD will be allowed to use the MFTC for fire training purposes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The City Council of the City of Englewood, Colorado hereby authorizes the City Manager to sign a Contract to Buy and Sell Real Estate to the South Metro Fire Rescue Fire Protection District in the amount of $188,105.88, attached hereto as Exhibit A. Section 2. The City Council of the City of Englewood, Colorado hereby authorizes the Mayor to sign the Quit Claim Deed for the sale of the Metro Fire Training Center property to South Metro Fire Rescue Protection District, attached hereto as Exhibit B. Section 3. The City Council of the City of Englewood, Colorado hereby authorizes the City Manager, City Clerk, and other City staff to take all other necessary actions to effectuate the transfer of ownership of property authorized herein. Introduced, read in full, and passed on first reading on the 15th day of November, 2021. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 18th day of November, 2021. Published as a Bill for an Ordinance on the City’s official website beginning on the 17th day of November, 2021 for thirty (30) days. ATTEST: Linda Olson, Mayor Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Bill for an Ordinance introduced, read in full, and passed on first reading on the 15th day of November, 2021. Stephanie Carlile Page 42 of 82 {00724996.DOCX / 2 } CONTRACT TO BUY AND SELL REAL ESTATE THIS CONTRACT TO BUY AND SELL REAL ESTATE (“Contract”) is made effective as of the latest date on which it is signed by the parties hereto (the “Effective Date”), by and between South Metro Fire Rescue Fire Protection District, a quasi- municipal corporation and political subdivision of the State of Colorado, as the “Buyer,” and the City of Englewood, Colorado, a home rule municipal corporation of the State of Colorado, as the “Seller.” Buyer and Seller are sometimes referred to herein individually as a “Party” and collectively as the “Parties.” RECITALS A. Seller owns an undivided one-quarter (1/4) interest in the Property (as defined in Section 1); and B. The remaining three-quarter (3/4) interest in the Property is owned by Buyer; and C. Buyer desires to acquire Seller’s interest in the Property; and D. Seller desires to convey its interest in the Property to Buyer, on the terms and conditions set forth herein. E. Buyer and the City and County of Denver on behalf of the Denver Fire Department have entered into a separate User Agreement allowing the Denver Fire Department to utilize the property for fire training purposes, attached hereto as Exhibit C. AGREEMENT NOW, THEREFORE, in consideration of the covenants, conditions and agreements contained herein, the Parties agree as follows: 1. Property. Subject to the terms and conditions hereinafter set forth, Buyer agrees to purchase, and Seller agrees to sell, all of Seller’s undivided interest in the real property described in Exhibit A, attached hereto and incorporated herein, together with all interests, rights, benefits, easements, improvements and attached fixtures appurtenant thereto, rights-of-way and all interest of Seller in vacated streets and alleys adjacent or appurtenant to the Property, if any (collectively, the “Property”). 2. Purchase Price. (a) The “Purchase Price” for Seller’s interest in the Property shall be $188,105.88. (b) Buyer shall not make an earnest money deposit. Page 43 of 82 {00724996.DOCX / 2 } (c) The Purchase Price, plus closing costs (as designated in Section 10), shall be paid at Closing (as defined in Section 9) in the form of electronic funds transfer, certified check, savings and loan teller’s check or cashier’s check. 3. Environmental Liability. With respect to any discharge, disposal, leak, spill, or other release of any Hazardous Substances on, at, or from the Property that initially occurred prior to the Closing date, a Party that is determined to have caused the discharge, disposal, leak, spill, or other release shall be liable for its share of the resulting costs and damages, including, without limitation, any costs of responding to, investigating, remediating, managing, or monitoring the Hazardous Substance contamination; any fines or penalties; and any damages claimed by third-parties. If fault for the discharge, disposal, leak, spill, or other release of any Hazardous Substances that initially occurred prior to the Closing date cannot be apportioned between the Parties based on fault, each Party shall bear a one-quarter (1/4) share of the costs and damages. “Hazardous Substances” shall mean any “hazardous substance” as defined by the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. § 9601, et seq.); petroleum, including crude oil or any fraction thereof; natural gas, natural gas liquids, liquified natural gas or synthetic gas; asbestos and asbestos containing materials; PCBs; lead based paint; and any other substances or materials that, due to their toxicity, mutagenicity or carcinogenicity, are subject to federal, state or local statutes, regulations, codes, ordinances, orders, advisories or other laws regarding their release, disposal or acceptable level of human or environmental exposure. 4. Title Insurance. At Buyer’s expense, Buyer may order a current commitment for an owner’s title insurance policy (“Title Commitment”) from a title company selected by Buyer. If the status of the title to the Property is unacceptable to Buyer in its reasonable discretion, Buyer may, by written notice to Seller at least three (3) business days prior to the Closing, terminate this Contract and the Parties shall be released from all further obligations hereunder. At Buyer’s expense, Buyer may purchase an owner’s title insurance policy to be issued after Closing. 5. Disclosure of Latent Defects; Seller’s Information. Within ten (10) days after the Effective Date, Seller shall (a) disclose to Buyer, in writing, any latent defects pertaining to or affecting the Property actually known by Seller; and (b) without additional cost to Buyer, deliver to Buyer copies of any appraisals, abstracts, surveys, engineering studies, studies, test results, permits, licenses, easements, maps, plats, leases, records, reports and data pertaining to or affecting the Property that are in Seller’s possession or under Seller’s control (collectively, the “Seller’s Information”); provided, however, that Buyer already has in its possession, and Seller is not obligated to provide, copies of the following documents: (a) Appraisal Report prepared by Robert Harman, SRA, Metropolitan Appraisers, Inc. dated October 21, 2015; Page 44 of 82 {00724996.DOCX / 2 } (b) Phase I Environmental Site Assessment prepared by Environmental Quality Management dated November 7, 2018 (Project No. EN17112); (c) Subsurface Investigation Report prepared by Environmental Quality Management dated January 14, 2019 (Project No. EQ14270); and (d) Additional Subsurface Investigation Report prepared by Environmental Quality Management dated March 6, 2019 (Project No. EQ14270-2). 6. Inspection. (a) Buyer and its agents or representatives shall be authorized to enter upon the Property to inspect and evaluate the Property, the governmental limitations applicable to the Property, the Seller’s Information, and any other aspects or characteristics of the Property (the “Inspection”). If any portion of the Inspection is unacceptable to Buyer in its reasonable discretion, Buyer may, by written notice to Seller at least three (3) business days prior to the Closing, terminate this Contract and the Parties shall be released from all further obligations hereunder. (b) Buyer is responsible for payment for all inspections, tests, surveys, engineering reports, or other reports performed at Buyer’s request (collectively, the “Work”) and agrees to return the Property to its original condition at its sole cost. 7. Removal of Personal Property. If Seller has any personal property located on the Property, Seller shall remove such property at its expense prior to Closing. In the event that any of Seller’s personal property remains on the Property after Closing, it shall become the property of Buyer and Seller shall have no remaining rights or obligations with respect to such personal property. 8. Conveyance. Seller shall convey its interest in the Property to Buyer by a Quitclaim Deed substantially in the form attached hereto as Exhibit B. 9. Closing. The closing of the transaction described herein (the “Closing”) shall occur no later than thirty (30) days following Buyer’s receipt of the Title Commitment. 10. Closing Costs, Documents and Services. The Parties shall pay their respective closing costs and all other items required to be paid at Closing except as otherwise provided herein. The Parties shall sign and complete all customary or required documents at or before Closing. If the Closing is facilitated by a title company, the fee for real estate closing services shall be paid at Closing by Buyer. 11. Prorations. All water and sewer charges and any similar items which are customarily prorated in Arapahoe County, Colorado shall be prorated to the date of Closing and paid equally by the Parties. Said prorations shall be a final settlement. Page 45 of 82 {00724996.DOCX / 2 } 12. Possession. Possession of the Property shall be delivered to Buyer at the Closing. 13. Seller’s Representations. Seller represents and warrants to Buyer that, except as otherwise disclosed in the Seller’s Information, as of the Effective Date and the date of Closing, the following statements are and will be true: (a) Seller is duly authorized and empowered to execute and deliver this Contract and the execution and delivery thereof will not cause or constitute any breach of or default under any law, contract or other agreement. (b) Seller is in strict compliance with Section 5 of this Contract. (c) Seller shall not encumber the Property in any manner or fashion following the execution of this Contract, without the prior written consent of Buyer. 14. Buyer’s Representations. Buyer represents and warrants to Seller that as of the Effective Date and the date of Closing, Buyer is duly authorized and empowered to execute and deliver this Contract and the execution and delivery thereof will not cause or constitute any breach of or default under any law, contract or other agreement. 15. Applicable Law. This Contract is made and shall be construed and interpreted in accordance with the law of the State of Colorado. 16. Notices. Any notice required or permitted to be delivered hereunder shall be in writing and shall be deemed to be given and delivered when deposited with the United States Postal Service, postage pre-paid, registered or certified mail, return receipt requested, addressed to the Party intended at the address stated below, or to such other addresses as may hereinafter be furnished in writing. Buyer: South Metro Fire Rescue Fire Protection District Attn: Chief 9195 E. Mineral Ave. Centennial, CO 80112 Seller: City of Englewood Attn: City Manager 1000 Englewood Pkwy. Englewood, CO 80110 17. Complete Contract. This Contract expresses the entire agreement of Seller and Buyer. There are no other understandings, oral or written, which in any manner alter or enlarge its terms, except as expressly provided herein. Page 46 of 82 {00724996.DOCX / 2 } 18. Survival. All representations, warranties, indemnities, and covenants made herein shall survive the termination of this Contract prior to Closing or, alternatively, the Closing and the conveyance of title hereunder and shall remain enforceable after either of such events. In addition, Section 3 of this Agreement shall survive the Closing and the conveyance of title hereunder and shall remain enforceable thereafter. 19. Not Construed Against Drafter. The Parties have each had a full opportunity to negotiate the terms of this Contract, and no Party intends that this Contract be construed for or against another Party because of that Party’s role in drafting this Contract. 20. Counterparts, Electronic Signatures and Electronic Records. This Contract may be executed in two counterparts, each of which shall be an original, but all of which, together, shall constitute one and the same instrument. The Parties consent to the use of electronic signatures and agree that the transaction may be conducted electronically pursuant to the Uniform Electronic Transactions Act, § 24-71.3-101, et seq., C.R.S. The Contract and any other documents requiring a signature may be signed electronically by either Party. The Parties agree not to deny the legal effect or enforceability of the Contract, solely because it is in electronic form or because an electronic record was used in its formation. The Parties agree not to object to the admissibility of the Contract in the form of an electronic record, a paper copy of an electronic document, or a paper copy of a document bearing an electronic signature on the grounds that it is an electronic record or an electronic signature or that it is not in its original form or is not an original. [Signature Pages Follow] Page 47 of 82 {00724996.DOCX / 2 } IN WITNESS WHEREOF, the Parties have signed this Contract on the dates set forth below. BUYER: South Metro Fire Rescue Fire Protection District, a quasi-municipal corporation and political subdivision of the State of Colorado By: Name: Title: Date: SELLER: City of Englewood, Colorado, a home rule municipal corporation of the State of Colorado By: Name: Title: Date: Page 48 of 82 {00724996.DOCX / 2 } EXHIBIT A DESCRIPTION OF THE PROPERTY The following real property located in Arapahoe County, Colorado: Page 49 of 82 {00724996.DOCX / 2 } EXHIBIT B FORM OF DEED QUITCLAIM DEED THIS DEED is made this ___ day of _______________, 20__, by the City of Englewood, Colorado, a home rule municipal corporation of the State of Colorado, hereinafter referred to as “Grantor,” to South Metro Fire Rescue Fire Protection District, a quasi-municipal corporation and political subdivision of the State of Colorado, whose address is 9195 E. Mineral Ave, Centennial, CO 80112, hereinafter referred to as “Grantee.” WITNESSETH, that the Grantor, for and in consideration of the sum of $188,105.88, the receipt and sufficiency of which is hereby acknowledged, has remised, released, sold and quitclaimed, and by these presents does remise, release, sell and quitclaim unto the Grantee, its successors and assigns, forever, all the right, title, interest, claim and demand which the Grantor has in and to the real property, together with improvements, if any, situate, lying and being in the County of Arapahoe and State of Colorado, described in Exhibit A attached hereto and incorporated herein by this reference. TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the Grantor, either in law or equity, to the only proper use, benefit and behoof of the Grantee and its successors and assigns forever. [Signature Page Follows] Page 50 of 82 {00724996.DOCX / 2 } IN WITNESS WHEREOF, the Grantor has executed this Deed on the date set forth above. GRANTOR City of Englewood, Colorado, a home rule municipal corporation of the State of Colorado By: Name: Title: Attest: City Clerk STATE OF COLORADO ) ) ss. COUNTY OF ARAPAHOE ) The foregoing instrument was acknowledged before me this ___ day of _______________, 20__, by __________________ as __________________ and ________________ as City Clerk of the City of Englewood, Colorado, a home rule municipal corporation of the State of Colorado. Witness my hand and official seal. My commission expires: Notary Public Page 51 of 82 {00724996.DOCX / 2 } EXHIBIT A TO QUITCLAIM DEED [Insert Legal Description of the Property] Page 52 of 82 {00724996.DOCX / 2 } EXHIBIT C Page 53 of 82 DocuSign Envelope ID:6EF03ECD-5F9D-47E6-8766-4E524B346803 TROY S.JACKSON TRAINING FACILITY USER AGREEMENT RECITALS AGREEMENT {00725554.DOCX /4 } NOW,THEREFORE,in consideration of the mutual promises contained herein, the sufficiency of which is hereby acknowledged,the Parties agree as follows: WHEREAS,South Metro desires to allow Denver to use the Facility,subject to the terms and conditions set forth herein. WHEREAS,Denver desires to use the Facility for firefighter training from time to time;and WHEREAS,South Metro owns and operates the Troy S.Jackson Training Facility located at 2301 W.Chenango Ave.,Littleton,Colorado (the “Facility”);and WHEREAS,the Facility is used for firefighter training and includes an indoor classroom,a stair tower,a shipping container bum facility,a pump testing facility,and a live bum building that is currently out of service but may be available for limited uses; and (a)Denver will notify South Metro’s Training Bureau in writing prior to November 1st of each year of Denver’s desired training dates and times for the following calendar year.South Metro will notify Denver in writing prior to December 1st of each year of whether the Facility is available on the requested dates and times. 1 .USE OF THE FACILITY.Denver may use the Facility a minimum of twenty-five (25)days per calendar year for firefighter training on mutually agreeable dates and times,as provided herein. This USER AGREEMENT (“Agreement”)is entered into this^/day of ,2021,by and between the CITY AND COUNTY OF DENVER,a Colorado home rule municipality (“Denver”),for and on behalf of the Denver Fire Department,whose address is,745 West Colfax Avenue,Denver,Colorado 80204,and SOUTH METRO FIRE RESCUE FIRE PROTECTION DISTRICT,a quasi-municipal corporation and political subdivision of the State of Colorado (“South Metro”),whose address is 9195 E.Mineral Ave.,Centennial,CO 80112.Denver and South Metro are sometimes referred to herein individually as a “Party”and collectively as the “Parties.” Page 54 of 82 DocuSign Envelope ID:6EF03ECD-5F9D-47E6-8766-4E524B346803 2. TERM AND TERMINATION.4. LIABILITY;RELEASE.5. {00725554.DOCX/4 }2 FEE.Denver may use the Facility free of charge,except as provided in Paragraph 3 below. (b)On or before November 1st of each year during the term of this Agreement,either Party may terminate this Agreement for any reason or no reason upon written notice to the other Party.The effective date of the termination will be December 3 1st of the following year. (a)To the extent authorized by law,each Party shall be responsible for any and all claims,damages,liability and court awards,including costs,expenses,and attorneys’fees,incurred as a result of any act or omission by such Party,or its officers, employees,and agents in connection with the subject matter of this Agreement. (b)The Parties are relying on,and do not waive or intend to waive by any provision of this Agreement,the monetary limitations or any other rights, immunities,defenses and protections provided by the Colorado Governmental Immunity Act,§24-10-101,et seq.,C.R.S.(“CGIA”)or otherwise available to a Party or its officers or employees. (b)Denver may request additional dates and times to use the Facility at any time during the term of this Agreement.All such requests shall be submitted in advance to South Metro’s Training Bureau and are subject to availability of the Facility. (a)The term of this Agreement shall commence upon mutual execution by the Parties and shall continue until terminated as provided herein. 3.EQUIPMENT AND SUPPLIES.Denver,at its cost,shall provide all equipment and supplies related to its use of the Facility.If South Metro provides any equipment and/or supplies to Denver,Denver shall reimburse South Metro for the costs related thereto. 6.INSURANCE.Denver represents and agrees that it has and shall maintain State minimum workers’compensation insurance coverage for its employees,if any. Denver shall also maintain broad form general liability,property damage,and automotive liability insurance in the minimum amount of three hundred and eighty-seven thousand dollars ($387,000)for bodily injury,death,or damage to property of any person and one million and ninety-three thousand dollars ($1,093,000)for bodily injury,death,or damage to property of more than one person,or the maximum amount that may be recovered under the CGIA,whichever is higher.All insurance policies (except workers’ Page 55 of 82 DocuSign Envelope ID:6EF03ECD-5F9D-47E6-8766-4E524B346803 8. {00725554.DOCX /4 }3 COMPLIANCE WITH LAWS.The Parties are obligated to comply with all laws applicable to this Agreement. compensation)shall include South Metro and its elected officials and employees as additional insureds.Upon request,Denver shall provide South Metro with documentation evidencing such coverages. 14.ANNUAL APPROPRIATION.The Parties’obligations hereunder are subject to the annual appropriation of funds necessary for the performance thereof,which appropriations shall be made in the sole discretion of the respective Party’s governing body. 10.REMEDIES.In the event a Party declares a default by the other Party, such defaulting Party shall be allowed a period of ten (10)days within which to cure said default.In the event the default remains uncorrected,the Party declaring default may elect to (a)terminate the Agreement and seek damages;or (b)avail itself of any other remedy at law or equity.If the non-defaulting Party commences legal or equitable actions against the defaulting Party,the defaulting Party shall be liable to the non defaulting Party for the non-defaulting Party’s reasonable attorneys’fees and costs incurred because of the default.Under no circumstances shall either Party be liable to the other Party for special,punitive,indirect or consequential damages arising out of or in connection with this Agreement. 12.LAW;VENUE.The laws of the State of Colorado shall govern the construction,interpretation,execution and enforcement of this Agreement.Venue for any dispute between the Parties arising out of or relating to this Agreement shall be in Arapahoe County District Court in the State of Colorado. 1 1 .BINDING EFFECT.This writing constitutes the entire agreement between the Parties and shall be binding upon the Parties,their officers,employees,agents and assigns and shall inure to the benefit of the respective survivors,heirs,personal representatives,successors and assigns of the Parties. 13.SEVERABILITY.In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction,such holding shall not invalidate or render unenforceable any other provision of this Agreement. 7.RELATIONSHIP OF THE PARTIES.Each Party shall be an independent entity,and no Party or such Party’s agents,officers and employees shall be deemed to be an agent or employee of the other Party. 9.DEFAULT.Each and every term and condition hereof shall be deemed to be a material element of this Agreement.In the event a Party should fail or refuse to perform according to the terms of this Agreement,such Party may be declared in default. Page 56 of 82 DocuSign Envelope ID:6EF03ECD-5F9D-47E6-8766-4E524B346803 {00725554.DOCX/4 }4 16.COUNTERPARTS,ELECTRONIC SIGNATURES AND ELECTRONIC RECORDS.This Agreement may be executed in two counterparts,each of which shall be an original,but all of which,together,shall constitute one and the same instrument. The Parties consent to the use of electronic signatures and agree that the transaction may be conducted electronically pursuant to the Uniform Electronic Transactions Act,§24- 71.3-101,et seq.,C.R.S.The Agreement and any other documents requiring a signature may be signed electronically by either Party.The Parties agree not to deny the legal effect or enforceability of the Agreement,solely because it is in electronic form or because an electronic record was used in its formation.The Parties agree not to object to the admissibility of the Agreement in the form of an electronic record,a paper copy of an electronic document,or a paper copy of a document bearing an electronic signature on the grounds that it is an electronic record or an electronic signature or that it is not in its original form or is not an original. 19.AMENDMENTS .This Agreement may be amended,modified,or changed, in whole or in part,only by written agreement executed by the Parties in the same manner as this Agreement. 1 7.NO THIRD-PARTY BENEFICIARIES.The Parties to this Agreement do not intend to benefit any person not a party to this Agreement.No person or entity,other than the Parties to this Agreement,shall have any right,legal or equitable,to enforce any provision of this Agreement. 15.NOTICES.All notices which are required or which may be given under this Agreement shall be effective when mailed via registered or certified mail,postage prepaid and sent to the address first set forth above in the beginning of this Agreement. 1 8 .HEADINGS FOR CONVENIENCE.Headings and titles contained herein are intended for the convenience and reference of the Parties only and are not intended to combine,limit,or describe the scope or intent of any provision of this Agreement. 20.AS SIGNMENT.No Party shall assign its rights or delegate its duties hereunder without the prior written consent of the other Party. Page 57 of 82 DocuSign Envelope ID:6EF03ECD-5F9D-47E6-8766-4E524B346803 SEAL CITY AND COUNTY OF DENVER: DocuSigned by:ATTEST:By: z j n t n*Mr * APPROVED AS TO FORM:REGISTERED AND COUNTERSIGNED: Attorney for the City and County of Denver By:By: Contract Control Number: Contractor Name: clerk and Recorder/Public Trustee Paul Lopez FIRES-202 15 8825-00 SOUTH METRO FIRE RESCUE chief Financial officer Brendan J Hanlon —DocuSigned by:z DocuSigned by: X .4 4 tn t . Assistant city Attorney Jason Moore IN WITNESS WHEREOF,the parties have set their hands and affixed their seals at Denver,Colorado as of:6/24/2021 ,DocuSigned by: gy z MASS fti 107888 1 00 Deputy Auditor Valerie walling i—— Mayor Michael B.Hancock Page 58 of 82 DocuSign Envelope ID:6EF03ECD-5F9D-47E6-8766-4E524B346803 By: Title: ATTEST:[if required] By: Title: Contract Control Number: Contractor Name: FIRES-202 158825-00 SOUTH METRO FIRE RESCUE (please print) Name:' (please print) Rfr.iCheP (please print) Name: (please print) Page 59 of 82 Sale of Metropolitan Fire Training Center to South Metro Fire Rescue November 15, 2021 Page 60 of 82 How we design roads, sidewalks and other amenities plays a key role in determining safety for the end user Metropolitan Fire Training Center Page 61 of 82 Metropolitan Fire Training Center –Current Ownership Entity Ownership Percentage City of Englewood 25% South Metro Fire Rescue 75%Page 62 of 82 Proposed Purchase Offer Site Value ($1,015,000 / 4)$253,570.00 Less 2009-2014 expenses ($229,463.50 / 4)($57,365.88) Less environmental expenses, 2015-2020 ($33,113.00 / 4) ($8,278.25) Purchase Offer $188,105.88 Staff confirmed that no payments have been made from the city, other than those previously identified Page 63 of 82 Recommendation Staff recommends City Council approve a Bill for an Ordinance authorizing the sale of the Metro Fire Training Center to South Metro Fire Rescue.Page 64 of 82 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Dan Poremba DEPARTMENT: Community Development DATE: November 15, 2021 SUBJECT: Motion to approve a Memorandum of Understanding (MOU) regarding advancement of funds for grant-funded improvements to the South Broadway paseos and crosswalk. DESCRIPTION: Motion to approve a Memorandum of Understanding (MOU) regarding advancement of funds for grant-funded improvements to the South Broadway paseos and crosswalk. RECOMMENDATION: The Englewood Downtown Development Authority (EDDA) and city staff recommend city council approve a Memorandum of Understanding (MOU) between the EDDA and the City of Englewood to advance funding to the EDDA for a Colorado Department of Transportation grant for proposed improvements to the city right-of-way in the amount of $149,325. PREVIOUS COUNCIL ACTION: City council considered and approved the following items: • Intergovernmental Agreement between the EDDA and the City of Englewood, approved by ordinance on July 19, 2021, • 2021 EDDA Debt Authorization Ballot Measure, approved by ordinance on July 19, 2021), and • The Downtown Plan of Development, approved by ordinance on September 20, 2021. SUMMARY: The proposed MOU will facilitate the expenditure of state-approved grant funding for the improvement of the downtown paseos and mid-block pedestrian crossing. ANALYSIS: During the 2020 Downtown Matters planning process, consultants conducted field work with stakeholders in each downtown sub area. South Broadway stakeholders raised many concerns about the operations and maintenance of the paseos and crosswalk. These issues included poor lighting, nuisance activity at night, dog waste, litter, lack of bicycle amenities, and numerous crashes at the crosswalk. Customers reported feeling unsafe in the east paseo and in the crosswalk. Improvements to this area were subsequently recommended in the Englewood Downtown Plan. When the EDDA was formed in early 2021, the operational plan included a goal to seek economic recovery grant funding to undertake one or more projects. In March, the Colorado Page 65 of 82 Department of Transportation (CDOT) launched the Main Street Revitalization Program, funded by the 2021 Colorado COVID-19 Recovery Plan. The program offered grants of up to $150,000 to eligible downtown districts for smaller projects that increased safety, multimodal amenities, public health and access to main street businesses. In April, the EDDA reconvened a stakeholder group comprised of adjacent business owners, a nearby employer, a representative from Craig Hospital and representatives from the city Public Works and Community Development departments to create a conceptual plan and budget that met CDOT grant criteria. The grant proposal was submitted in late May; the project was approved by the CDOT grant committee and awarded the full funding request of $149,325. The project plans and budget are described in the attached documents. Below are a few highlights: East Paseo: Enhanced lighting, low maintenance landscape and bike racks will make the east paseo safer and more inviting. The existing structure will be repainted in a shade consistent with the color palette in the city’s new placemaking and wayfinding plan. Crosswalk: New paint and bollard lighting at each end of the crosswalk, as well as adjustments to the current signal face, will help calm traffic, creating a safer environment for all users, and will make it safer and more comfortable for people of all ages and abilities to cross the street. West Paseo: Overhead string lights, low-maintenance landscape and refreshed public art depicting local history will make the paseos more inviting and conducive to outdoor dining and group events. New bicycle parking and a wheelchair/scooter charging station will make it easier and more accessible to enjoy the paseos and area businesses. CONCLUSION: The EDDA and city staff recommend that council approve the proposed MOU to facilitate the proposed improvements, which will enhance the downtown experience for residents, businesses and visitors. FINANCIAL IMPLICATIONS: The CDOT Revitalizing Main Street grant is paid on a reimbursement basis. Because the EDDA’s tax increment revenue does not start until early 2022, it needs an advance of funds in the amount of the grant to implement the project. Advance funds would come from the city’s general fund. Project costs would be incurred and reimbursed by CDOT in three phases. The EDDA has pledged $10,000 in staff time and public information as a local match, along with $4,932 from the Public Works Department from funds appropriated in 2020 for downtown crosswalk enhancements. The EDDA would bid out the project in late 2021 according to city procurement procedures and implement it in late winter and spring of 2022. The EDDA provided supplementary maintenance for the paseos this fall and would continue to do so after the improvements are installed. CONNECTION TO STRATEGIC PLAN: The proposed paseo and crosswalk improvements will address the following strategic plan goals: • Ensure commercial areas, like neighborhoods have unique character and pedestrian amenities for employees and visitors. Page 66 of 82 • Hold commercial vacancy along South Broadway to a minimum by supporting redevelopment of aging properties and supporting new business development in the area. • Improve the pedestrian experience along highly traveled corridors. • Ensure walkability and an improved pedestrian experience. • Improve pedestrian safety. • Improve walkability for seniors and the disabled. OUTREACH/COMMUNICATIONS: Downtown stakeholders were included in the development of the Downtown Plan, which was approved by the city council in September of 2021. Stakeholders were reconvened to review the concepts associated with improving the paseos and crosswalk. ATTACHMENTS: PowerPoint Presentation Renderings and Budget EDDA Resolution and Memorandum of Understanding Page 67 of 82 11/3/2021 xvxv 1 Englewood City Council Englewood Downtown  Development Authority  Memorandum of Understanding  November 15, 2021 Englewood Downtown Plan: South  Broadway Subarea The traditional main street for Englewood, South  Broadway offers a range of local businesses, older  buildings with character and opportunities to shop,  dine and socialize. Downtown Plan Considerations •Leverage/strengthen authentic, historic character   •Fill vacant storefronts •Attract office uses to vacant spaces •Marketing messaging: “traditional main street” •Enhance paseos, alleys for outdoor dining •285 gateway feature •Parking signage/wayfinding/management •High quality, small‐scale development w ground floor  uses •Zoning to limit building heights and main street  character Page 68 of 82 11/3/2021 xvxv 2 Paseo  Improvements‐‐West 2 Paseo  Improvements‐‐West 3 Page 69 of 82 11/3/2021 xvxv 3 Paseo  Improvements‐‐East 4 Paseo  Improvements‐‐East 5 Page 70 of 82 11/3/2021 xvxv 4 Paseo  Improvements‐‐Budget 6 Page 71 of 82 REFRESHED PLANTING WITH FENCE BARRIER PRIMARY CIRCULATION ENHANCED CROSSING NEW BIKE PARKING AND CONCRETE PAVING ENHANCED PERGOLAS NEW OVERHEAD LIGHTING SOUTH BROADWAYBUSINESS PARKING LOT ENHANCED PAVING RESTAURANT PATIOSRESIDENTIALPARKING LOT NEW TREE NEW LIGHTED BOLLARDS Englewood Downtown Development Authority CDOT Revitalizing Main Streets PEDESTRIAN SAFETY / PASEO ENHANCEMENTS PASEO WEST NEW OVERHEAD LIGHTING ENHANCED CROSSING BIKE PARKING ENHANCED PAVING NEW DECORATIVE PLANTERS REFRESHED PLANTING Page 72 of 82 Englewood Downtown Development Authority CDOT Revitalizing Main Streets PEDESTRIAN SAFETY / PASEO ENHANCEMENTS CURRENT VIEW PROPOSED VIEW PASEO WEST Page 73 of 82 REFRESHED PLANTING PRIMARY CIRCULATION ENHANCED CROSSING NEW BIKE PARKING AND CONCRETE PAVING ENHANCED PERGOLAS REPLACE LIGHTING IN PERGOLAS NEW TREES NEW LIGHTED BOLLARDSSOUTH BROADWAYMUNICIPAL PARKING LOT RELOCATED LIGHTS FROM WEST PASEO (5)NEW LIGHTED BOLLARDS REPLACE LIGHTING IN PERGOLAS Englewood Downtown Development Authority CDOT Revitalizing Main Streets PEDESTRIAN SAFETY / PASEO ENHANCEMENTS PASEO EAST NEW LIGHTING ENHANCED CROSSING ENHANCED PERGOLAS REFRESHED PLANTINGBIKE PARKING Page 74 of 82 Englewood Downtown Development Authority CDOT Revitalizing Main Streets PEDESTRIAN SAFETY / PASEO ENHANCEMENTS CURRENT VIEW PROPOSED VIEW PASEO EAST Page 75 of 82 PASEO WEST IMPROVEMENTS City of Englewood Estimate of Probable Costs ITEM UNIT UNIT COST QTY TOTAL COST Removal of Light Each 350.00$              5 1,750.00$                   Clear & Grub SF 0.75$                  300 225.00$                      Topsoil (12" depth) CY 52.00$                40 2,080.00$                   Fir Fiber Mulch SF 2.00$                  300 600.00$                      Deciduous Tree (2.5" caliper) Each 850.00$              1 850.00$                      Shrubs (5 gal) and Perennial (1 gal) plantings Each 30.00$                100 3,000.00$                   Concrete Paving SF 10.00$                600 6,000.00$                   Concrete Pavement Sandblast and Stain SF 5.00$                  1300 6,500.00$                   Refurbished Trellis Elements (Paint) Each 2,000.00$          1 2,000.00$                   Bike Parking Each 800.00$              8 6,400.00$                   Wiring (Overhead lighting) L S 1,500.00$          1 1,500.00$                   Overhead String Lighting L S 10,000.00$        1 10,000.00$                 Trash receptacle Each 2,000.00$          1 2,000.00$                   Automated Irrigation System Repair SF 2.25$                  400 900.00$                      Construction Survey & Survey Monumentation L S 8,000.00$          1 8,000.00$                   Subtotal 51,805.00$                 Mobilization (20%) L S 10,361.00$        1 10,361.00$                 Design (12%) L S 6,216.60$          1 6,216.60$                   TOTAL 68,382.60$                 PASEO EAST IMPROVEMENTS City of Englewood Estimate of Probable Costs ITEM UNIT UNIT COST QTY TOTAL COST Removal of Light Each 350.00$              2 700.00$                      Topsoil (12" depth) CY 52.00$                35 1,820.00$                   Fir Fiber Mulch SF 2.00$                  400 800.00$                      Deciduous Tree (2.5" caliper) Each 850.00$              4 3,400.00$                   Shrubs (5 gal) and Perennial (1 gal) plantings Each 30.00$                300 9,000.00$                   Concrete Paving SF 10.00$                280 2,800.00$                   Refurbished Trellis Elements (Paint) Each 1,000.00$          2 2,000.00$                   Refurbished Trellis Lighting L S 1,000.00$          2 2,000.00$                   Bike Parking Each 800.00$              8 6,400.00$                   Wiring (Accent lighting) L S 1,500.00$          1 1,500.00$                   Replace Lighting (Relocated from Paseo West) Each 1,200.00$          5 6,000.00$                   Lighted bollards Each 1,500.00$          2 3,000.00$                   Trash receptacle Each 2,000.00$          1 2,000.00$                   Automated Irrigation System Repair SF 2.25$                  400 900.00$                      Construction Survey & Survey Monumentation L S 8,000.00$          1 8,000.00$                   Subtotal 50,320.00$                 Mobilization (20%) L S 10,064.00$        1 10,064.00$                 Design (12%) L S 6,038.40$          1 6,038.40$                   TOTAL 66,422.40$                 BROADWAY CROSSWALK ENHANCEMENTS City of Englewood Estimate of Probable Costs ITEM UNIT UNIT COST QTY TOTAL COST Crosswalk enhancements Each 5,000.00$          1 5,000.00$                   Lighted bollards Each 1,500.00$          4 6,000.00$                   Subtotal 11,000.00$                 Mobilization (20%) L S 2,200.00$          1 2,200.00$                   Design (12%) L S 1,320.00$          1 1,320.00$                   TOTAL 14,520.00$                 GRAND TOTAL 149,325.00$              Page 76 of 82 PASEO WEST IMPROVEMENTS City of Englewood Estimate of Probable Costs ITEM UNIT UNIT COST QTY TOTAL COST Removal of Light Each 350.00$ 5 1,750.00$ Clear & Grub SF 0.75$ 300 225.00$ Topsoil (12" depth)CY 52.00$ 40 2,080.00$ Fir Fiber Mulch SF 2.00$ 300 600.00$ Deciduous Tree (2.5" caliper)Each 850.00$ 1 850.00$ Shrubs (5 gal) and Perennial (1 gal) plantings Each 30.00$ 100 3,000.00$ Concrete Paving SF 10.00$ 600 6,000.00$ Concrete Pavement Sandblast and Stain SF 5.00$ 1300 6,500.00$ Refurbished Trellis Elements (Paint)Each 2,000.00$ 1 2,000.00$ Bike Parking Each 800.00$ 8 6,400.00$ Wiring (Overhead lighting)L S 1,500.00$ 1 1,500.00$ Overhead String Lighting L S 10,000.00$ 1 10,000.00$ Trash receptacle Each 2,000.00$ 1 2,000.00$ Automated Irrigation System Repair SF 2.25$ 400 900.00$ Construction Survey & Survey Monumentation L S 8,000.00$ 1 8,000.00$ Subtotal 51,805.00$ Mobilization (20%)L S 10,361.00$ 1 10,361.00$ Design (12%)L S 6,216.60$ 1 6,216.60$ TOTAL 68,382.60$ PASEO EAST IMPROVEMENTS City of Englewood Estimate of Probable Costs ITEM UNIT UNIT COST QTY TOTAL COST Removal of Light Each 350.00$ 2 700.00$ Topsoil (12" depth)CY 52.00$ 35 1,820.00$ Fir Fiber Mulch SF 2.00$ 400 800.00$ Deciduous Tree (2.5" caliper)Each 850.00$ 4 3,400.00$ Shrubs (5 gal) and Perennial (1 gal) plantings Each 30.00$ 300 9,000.00$ Concrete Paving SF 10.00$ 280 2,800.00$ Refurbished Trellis Elements (Paint)Each 1,000.00$ 2 2,000.00$ Refurbished Trellis Lighting L S 1,000.00$ 2 2,000.00$ Bike Parking Each 800.00$ 8 6,400.00$ Wiring (Accent lighting)L S 1,500.00$ 1 1,500.00$ Replace Lighting (Relocated from Paseo West)Each 1,200.00$ 5 6,000.00$ Lighted bollards Each 1,500.00$ 2 3,000.00$ Trash receptacle Each 2,000.00$ 1 2,000.00$ Automated Irrigation System Repair SF 2.25$ 400 900.00$ Construction Survey & Survey Monumentation L S 8,000.00$ 1 8,000.00$ Page 77 of 82 Subtotal 50,320.00$ Mobilization (20%)L S 10,064.00$ 1 10,064.00$ Design (12%)L S 6,038.40$ 1 6,038.40$ TOTAL 66,422.40$ BROADWAY CROSSWALK ENHANCEMENTS City of Englewood Estimate of Probable Costs ITEM UNIT UNIT COST QTY TOTAL COST Crosswalk enhancements Each 5,000.00$ 1 5,000.00$ Lighted bollards Each 1,500.00$ 4 6,000.00$ Subtotal 11,000.00$ Mobilization (20%)L S 2,200.00$ 1 2,200.00$ Design (12%)L S 1,320.00$ 1 1,320.00$ TOTAL 14,520.00$ GRAND TOTAL 149,325.00$ Page 78 of 82 Page 79 of 82 EXHIBIT A MEMORANDUM OF UNDERSTANDING REGARDING EDDA IMPROVEMENTS, ADVANCE OF GRANT FUNDS This Memorandum of Understanding Regarding Approval of Improvements, Advance of Grant Funds (this "MOU"), is entered into as of the 27 day of October, 2021, by and among the City of Englewood, Colorado (the "City"), and Englewood Downtown Development Authority (the “EDDA”), together referred to herein as the Parties. RECITALS WHEREAS, the voters of the City of Englewood approved the creation of EDDA on November 3, 2020; and WHEREAS, the City approved an Intergovernment Cooperation Agreement (“IGA”) on July 19, 2021, in which EDDA agreed to propose projects for City evaluation and consideration and to explore funding and partnerships related to downtown projects, including streetscape, mobility and pedestrian safety improvements; and WHEREAS, pursuant to these duties under the IGA, EDDA applied for and received a grant from Colorado Department of Transportation (“CDOT”) in the amount of $149,325 to improve the crosswalk and two paseos on South Broadway within the Downtown District in the City of Englewood (“Project”); and WHEREAS, pursuant to the grant which requires 10 percent City matching funds, EDDA is required to advance the $149,325 grant amount for the Project and then CDOT will reimburse EDDA for the expenditures upon Project completion; and WHEREAS, EDDA lacks the funding to advance $149,325 for the Project, and therefore has requested the City advance the funding to EDDA, and EDDA will reimburse the City for the project expenditures once reimbursement is received by CDOT; and WHEREAS, the Parties desire to enter into this MOU to formally approve the EDDA CDOT grant-funded Project and memorialize this funding and reimbursement mechanism for implementation of the Project. NOW THEREFORE, in consideration of the premises and the mutual promises, covenants and considerations contained herein, the sufficiency of which are acknowledged and confessed, the Parties agree as follows: Page 80 of 82 AGREEMENT OF THE PARTIES 1. Project Approval. The City hereby approves and authorizes the CDOT grant-funded crosswalk/paseo improvement Project, to make the improvements to City crosswalk/paseos on South Broadway, as shown in the attached Exhibit A. 2. Project Manager. EDDA shall appoint a Project Manager to oversee the project and ensure the improvements are properly constructed according to any applicable plans and specifications, including but not necessarily limited to, the following: ensuring compliance with all provisions of the CDOT grant funding the project; utilizing the City’s Procurement Division for all procurement contracts and purchasing transactions and adhering to all of the City’s purchasing rules and regulations, pursuant to the IGA; consultation and coordination with the City’s Public Works Department; and taking all other actions necessary to complete the project and obtain the awarded grant funds. 3. Funding Mechanism. The City shall pay $4,932.00 as part of CDOT-required 10 percent match of the grant funds (budgeted by the City for downtown crosswalk enhancements) and EDDA shall provide the remainder of the required match in staff time and public information. The City shall advance City funds in the total amount not to exceed $149,325 to fund the CDOT grant- funded paseo improvement project. To advance the funds, the EDDA Project Manager shall provide invoices for work to City Community Development staff, who shall enter invoices for the project into the City financial system (Tyler New World) for payment requests so that the City directly pays invoices for the work. EDDA shall reimburse the City for the $149,325 advanced funds upon receipt of the grant funds from CDOT. In order to ensure timely reimbursement, EDDA shall periodically submit grant reimbursement requests to CDOT upon payment of invoices by the City, and the City shall be timely reimbursed for advances upon receipt of CDOT grant funds. 4. Miscellaneous. This Agreement will be governed by the IGA and the laws of the State of Colorado. The undersigned signatories who signed in a representative capacity on behalf of any person or entity represent and warrant that they are authorized and directed by the said person or entity for which they execute this Agreement to so execute this Agreement on behalf of such person or entity. This Agreement may be signed in any number of counterparts (including by way of electronic transmission), each of which (when executed and delivered) shall constitute an original instrument, but all of which together shall constitute one and the same instrument, respectively. WHEREFORE, the Parties have executed this MOU as of the date first set forth above. Page 81 of 82 Page 82 of 82