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HomeMy WebLinkAbout2020-01-06 (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. 1000 Englewood Pkwy – Council Chambers Englewood, CO 80110 AGENDA City Council Regular Meeting Monday, January 6, 2020 ♦ 7:00 PM 1. Call to Order 2. Invocation 3. Pledge of Allegiance 4. Roll Call 5. Consideration of Minutes of Previous Session a. Minutes of the Regular City Council Meeting of December 16, 2019. City Council Regular - 16 Dec 2019 - Minutes - Pdf 6. Appointments, Communications, Proclamations, and Recognition a. Recognition of Investigator Mander. b. Keep Englewood Beautiful Committee will be present to give out awards for the Holiday Lighting Contest. 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. Only those who meet the deadline can speak in this section. This is an opportunity for the public to address City C ouncil. 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 presenta tion to Council may be submitted to the City Clerk as the speaker approaches the podium. A USB port is available for public presentation. a. Elaine Hults, an Englewood resident, will address Council. b. Jerry Walker, an Englewood resident, will address Council. c. Ida May Nicholl, an Englewood resident, will address Council regarding Museum of Outdoor Arts (MOA). d. Rick Miller will address Council regarding short term rentals. e. Sam French, an Englewood resident, will address Council. f. Marcy Brown, an Englewood resident, will address Council. g. Kathleen Bailey, an Englewood resident, will address Council. h. Doug Cohn, an Englewood resident, will address Council. 8. Recognition of Unscheduled Public Comment Page 1 of 178 Englewood City Council Regular Agenda January 6, 2020 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. Speakers must sign up for Unscheduled Public Comment at the beginning of the meeting. 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 three minutes. Time for unscheduled public comment may be limited to 45 minutes, and if limited, shall be continued to General Discussion. Written materials fo r presentation to Council may be submitted to the City Clerk as the speaker approaches the podium. A USB port is available for public presentation. Council Response to Public Comment. 9. Consent Agenda Items a. Approval of Ordinances on First Reading b. Approval of Ordinances on Second Reading. c. Resolutions and Motions i. Designation of the Official Posting Place for Legal Notices Pdf Staff recommends City Council approve, by Resolution, designating the City of Englewood official website as the official posting place for all legal notices of the City of Englewood for 2020. Staff: City Clerk Stephanie Carlile ii. Appointing hearing officers for 2020 Pdf Staff recommends City Council approve, by Resolution, the 2020 list of persons eligible for appointment as independent hearing officers for the City of Englewood. Staff: City Attorney Alison McKenney Brown iii. Professional Services Agreement with Kaplan Kirsch Rockwell LLP Pdf Staff recommends City Council approve, by Motion, the one-year option to extend for 2020 the Professional Services Agreement with Kaplan Kirsch Rockwell LLP to serve as Special Counsel in connection with various CityCenter redevelopment matters. Staff: Redevelopment Manager Dan Poremba iv. Vehicle Purchase: Traffic Engineering & Operations Division Vehicles Pdf SStaff recommends City Council approve, by Resolution, to purchase two (2) Dodge articulating bucket trucks, under the terms of the Sourcewell Contract #012418-ALT with Altec Industries, Inc., at a total cost of $257,116.00. Staff: Public Works Director Maria D'Andrea 10. Public Hearing Items a. Public Hearing - Short Term Rental Ordinance Pdf Staff recommends that pertaining to 16-2-6 Amendments to the Text of Title 16 (UDC, Unified Development Code), City Council review the recommendations of City Staff, the Planning and Zoning Commission, and hear testimony from the public on the proposed Page 2 of 178 Englewood City Council Regular Agenda January 6, 2020 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. amendments to the Unified Development Code, Title 16, relating to Short Term Rentals (STR's). Staff: Planning Manager Wade Burkholder and Planner II Erik Sampson 11. Ordinances, Resolutions and Motions a. Approval of Ordinances on First Reading i. CB 01 - Intergovernmental Agreement (IGA) between Arapahoe County and the City of Englewood, Colorado for Sharing the Cost of a Census Coordinator Position in Arapahoe County Pdf Staff recommends City Council approve a Bill for an Ordinance for an Intergovernmental Agreement between Arapahoe County and the City of Englewood for cost-sharing regarding the salary of a temporary Arapahoe County Census Coordinator position. Staff: Planner John Voboril b. Approval of Ordinances on Second Reading c. Resolutions and Motions i. Council Liaison Discussion Pdf City Council will have the opportunity to discuss the assignment of Council liaison positions for the upcoming year. 12. General Discussion a. Mayor's Choice b. Council Members' Choice 13. City Manager’s Report 14. City Attorney’s Report 15. Adjournment Page 3 of 178 MINUTES City Council Regular Meeting Monday, December 16, 2019 1000 Englewood Pkwy – Council Chambers 7:00 PM 1 Call to Order The regular meeting of the Englewood City Council was called to order by Mayor Olson at 7:01 p.m. 2 Invocation The invocation was given by Council Member Anderson. 3 Pledge of Allegiance The Pledge of Allegiance was led by Council Member Anderson. 4 Roll Call COUNCIL PRESENT: Mayor Linda Olson Mayor Pro Tem Othoniel Sierra Council Member Dave Cuesta Council Member Joe Anderson Council Member Rita Russell Council Member John Stone Council Member Cheryl Wink COUNCIL ABSENT: None STAFF PRESENT: City Manager Lewis City Attorney McKenney Brown Deputy City Manager Hargrove City Clerk Carlile Deputy City Clerk McKinnon Director D'Andrea, Public Works Director Sobota, Finance and Administrative Services Director Power, Community Development Redevelopment Manager Poremba, Community Development Fire Marshal Herblan, City Manager's Office Chief Building Official Montanez, Community Development Page 1 of 8 Draft Page 4 of 178 City Council Regular December 16, 2019 Planner Voboril, Community Develpment Technical Support Specialist II Munnell, Information Technology Officer Hume, Police Department 5 Consideration of Minutes of Previous Session a) Minutes of the Regular City Council Meeting of December 2, 2019. Moved by Council Member Cheryl Wink Seconded by Council Member Joe Anderson APPROVAL OF THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF DECEMBER 2, 2019. For Against Abstained Linda Olson x Othoniel Sierra x Joe Anderson (Seconded By) x Dave Cuesta x Rita Russell x Cheryl Wink (Moved By) x John Stone x 6 0 1 Motion CARRIED. 6 Appointments, Communications, Proclamations, and Recognition There were no Appointments, Communications, Proclamations, or Recognition's 7 Recognition of Scheduled Public Comment a) Jerry Walker, an Englewood resident, addressed Council regarding homelessness. b) Tammy Williamson, an Englewood resident, addressed Council regarding short conflict of interest. c) Ida May Nicholl, an Englewood resident, was scheduled to speak but was not present. d) Doug Cohn, an Englewood resident, addressed Council regarding Englewood history. 8 Recognition of Unscheduled Public Comment a) Lynn Ann Huizingh addressed Council regarding Severe Weather Shelter Network. Page 2 of 8 Draft Page 5 of 178 City Council Regular December 16, 2019 b) Melody Byrnes addressed Council regarding Severe Weather Shelter Network. c) Eileen Breslin, an Englewood resident, addressed Council regarding Severe Weather Shelter Network. d) Brianna Fort addressed Council regarding Severe Weather Shelter Network. e) Todd Lewis addressed Council regarding Severe Weather Shelter Network. f) Bonnie Dehart addressed Council regarding Severe Weather Shelter Network. g) Steve Persicheti addressed Council regarding Severe Weather Shelter Network. h) Trevor Hoffman addressed Council regarding marijuana sales tax. i) Tim Morgan, an Englewood resident, addressed Council regarding marijuana sales tax. j) Jack Traylor addressed Council regarding marijuana sales tax. k) Nathan Hoag, an Englewood resident, addressed Council regarding Severe Weather Shelter Network. l) Mike Sandger, an Englewood resident, addressed Council regarding Severe Weather Shelter Network. m) Charlotte Carr, an Englewood resident, addressed Council regarding Severe Weather Shelter Network. n) Doug South, an Englewood resident, addressed Council regarding zoning for ADU's. Council Member Russell Responded to Public Comment. 9 Consent Agenda Items a) Approval of Ordinances on First Reading There were no Ordinances on First Reading. b) Approval of Ordinances on Second Reading. There were no Ordinances on Second Reading. c) Resolutions and Motions There were no additional Resolutions or Motions (See Agenda Item 11 (c) (i- viii).) 10 Public Hearing Items Page 3 of 8 Draft Page 6 of 178 City Council Regular December 16, 2019 No public hearing was scheduled before Council. 11 Ordinances, Resolutions and Motions a) Approval of Ordinances on First Reading There were no Ordinances on First Reading. b) Approval of Ordinances on Second Reading There were no Ordinances on Second Reading. c) Resolutions and Motions i) A Request to Transfer Funds from the General Fund to the Public Improvement Fund for the 2020 Englewood Light Rail Corridor and Urban Center Next Step Study Grant Match Moved by Council Member Othoniel Sierra Seconded by Council Member Joe Anderson RESOLUTION NO. 70, SERIES OF 2019 A RESOLUTION TRANSFERRING FUNDS FROM THE GENERAL FUND TO THE PUBLIC IMPROVEMENT FUND FOR THE 2020 ENGLEWOOD LIGHT RAIL CORRIDOR AND URBAN CENTER NEXT STEP STUDY. For Against Abstained Linda Olson x Othoniel Sierra (Moved By) x Joe Anderson (Seconded By) x Dave Cuesta x Rita Russell x Cheryl Wink x John Stone x 7 0 0 Motion CARRIED. ii) Approval of 2020 Englewood Light Rail Corridor and Urban Center Next Step Study Professional Services Contract with Dig Studio Moved by Council Member Cheryl Wink Seconded by Council Member Othoniel Sierra Page 4 of 8 Draft Page 7 of 178 City Council Regular December 16, 2019 Approval to award the 2020 Englewood Light Rail Corridor and Urban Center Next Step study to Dig Studio in the amount of $41,545.00 in Englewood local match funds. For Against Abstained Linda Olson x Othoniel Sierra (Seconded By) x Joe Anderson x Dave Cuesta x Rita Russell x Cheryl Wink (Moved By) x John Stone x 7 0 0 Motion CARRIED. iii) Conditional Permit for Severe Weather Sheltering in Places of Religious Assembly Moved by Council Member Joe Anderson Seconded by Council Member John Stone Motion to approve Option #2 with the following amendments: • Allow up to 49 occupants. • To limit it to sleeping rooms or spaces with less then 10,000 square feet in aggregate that are not considered separate occupancy. RESOLUTION NO. 71, SERIES OF 2019 A RESOLUTION APPROVING AND ADOPTING A POLICY TO ALLOW FOR RELIGIOUS ASSEMBLIES TO APPLY FOR A CONDITIONAL PERMIT TO PROVIDE EMERGENCY TEMPORARY SHELTER DURING WINTER WEATHER RELATED EMERGENCIES BETWEEN DECEMBER, 2019 AND MAY, 2020. WITH AMENDMENTS. For Against Abstained Linda Olson x Othoniel Sierra x Joe Anderson (Moved By) x Dave Cuesta x Rita Russell x Cheryl Wink x John Stone (Seconded By) x 5 2 0 Page 5 of 8 Draft Page 8 of 178 City Council Regular December 16, 2019 Motion CARRIED. The meeting recessed at 9:47 p.m. for a break. The meeting reconvened at 9:57 p.m. with all Council Members present iv) Approval of Contract Amendment with Keesen Landscape Services for Snow & Ice Control Services Moved by Council Member Cheryl Wink Seconded by Council Member Joe Anderson Approval to increase the contract amount with Keesen Landscape Services, Inc. from $95,000 to $250,000 for the 2019-2020 snow season for Englewood Environmental Foundation area snow & ice control services. For Against Abstained Linda Olson x Othoniel Sierra x Joe Anderson (Seconded By) x Dave Cuesta x Rita Russell x Cheryl Wink (Moved By) x John Stone x 7 0 0 Motion CARRIED. v) Approval of Change Order with DLR Group Architects for Police Headquarters Building Project Moved by Council Member Cheryl Wink Seconded by Council Member Othoniel Sierra Approval of Change Order No. 5 with DLR Group Architects for the design of an exhaust system in the armory room of the Police Headquarters Building Project in the amount of $6,650.00. For Against Abstained Linda Olson x Othoniel Sierra (Seconded By) x Joe Anderson x Dave Cuesta x Rita Russell x Cheryl Wink (Moved By) x John Stone x 7 0 0 Page 6 of 8 Draft Page 9 of 178 City Council Regular December 16, 2019 Motion CARRIED. vi) Approval of Change Order with CBRE, Inc. for Police Headquarters Building Project Moved by Council Member Joe Anderson Seconded by Council Member Othoniel Sierra Approval for Change Order No. 2 with CBRE, Inc. for substantial completion and project closeout services related to the Police Headquarters Building Project in the amount of $23,721.00. For Against Abstained Linda Olson x Othoniel Sierra (Seconded By) x Joe Anderson (Moved By) x Dave Cuesta x Rita Russell x Cheryl Wink x John Stone x 7 0 0 Motion CARRIED. vii) Executive Session for a conference with the City Attorney for the purpose of receiving legal advice on contracts pursuant to C.R.S. Section 24-6- 402(4)(b) and to develop strategy for negotiations, and/or instructing negotiators, under C.R.S. Section 24-6-402(4)(e)(I); Moved by Council Member John Stone Seconded by Council Member Othoniel Sierra Motion to table item 11 (c)(vii) to the Regular City Council Meeting on January 20, 2020. For Against Abstained Linda Olson x Othoniel Sierra (Seconded By) x Joe Anderson x Dave Cuesta x Rita Russell x Cheryl Wink x John Stone (Moved By) x 7 0 0 Motion CARRIED. Page 7 of 8 Draft Page 10 of 178 City Council Regular December 16, 2019 viii) Museum of Outdoor Arts Contract Renewal Discussion Moved by Council Member Othoniel Sierra Seconded by Council Member John Stone Motion to table item 11(c)(viii) to the Regular City Council Meeting on January 20, 2020. For Against Abstained Linda Olson x Othoniel Sierra (Moved By) x Joe Anderson x Dave Cuesta x Rita Russell x Cheryl Wink x John Stone (Seconded By) x 7 0 0 Motion CARRIED. 12 General Discussion a) Mayor's Choice b) Council Members' Choice 13 City Manager’s Report a) Master Developer Recommendation for the City Property Portions of CityCenter Redevelopment Manager Dan Poremba was present to discuss the Master Developer recommendation for the City Property Portions of the City Center. 14 City Attorney’s Report 15 Adjournment MAYOR OLSON MOVED TO ADJOURN. The meeting adjourned at 10:53 p.m. City Clerk Page 8 of 8 Draft Page 11 of 178 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Stephanie Carlile DEPARTMENT: City Clerk's Office DATE: January 6, 2020 SUBJECT: Resolution - Designation of the Official Posting Place for Legal Notices DESCRIPTION: Resolution - Designation of the Official Posting Place for Legal Notices RECOMMENDATION: Staff recommends Council approve a Resolution designating the City of Englewood official website as the official posting place for all legal notices of the City of Englewood for 2020. PREVIOUS COUNCIL ACTION: On January 7, 2019 City Council designated the bulletin board on the north side of the second floor of the Englewood Civic Center as the official posting place for all legal notices of the City of Englewood for 2019. SUMMARY: New legislation amending Colorado Revised Statutes, § 24-6-402 (2)(c) became effective July 1, 2019. House Bill 19-1087 requires a local government to post notices of public meetings required by the state open meetings law on the local government's website. The notices are accessible to the public at no charge. The notices shall be searchable, if feasible, by type of meeting, date and time of meeting, and agenda contents. Colorado Revised Statutes, § 24-6-402(2)(c) also provides that the local public body shall be deemed to have given full and timely notice of a public meeting if the local public body posts the notice, with specific agenda information if available, no less than twenty-four hours prior to the holding of the meeting. The Open Meetings Law, State Statute § 24-6-402(2)(c) requires that the public place or places for posting legal notices shall be designated annually at the local public body’s first regular meeting of each calendar year. In addition to the City website, legal notices will be posted to the bulletin boards located at the Civic Center, all in conformance with C.R.S. § 24-6-402(2)(c). FINANCIAL IMPLICATIONS: None ATTACHMENTS: Page 12 of 178 Resolution HB 19-1087 Page 13 of 178 RESOLUTION NO. SERIES OF 2020 A RESOLUTION DESIGNATING THE OFFICIAL POSTING PLACE FOR ALL LEGAL NOTICES OF THE CITY OF ENGLEWOOD FOR 2020. WHEREAS, Colorado Revised Statutes, § 24-6-402(2)(c) provides that “A local public body shall be deemed to have given full and timely notice of a public meeting if the local public body posts the notice, with specific agenda information if available, no less than twenty four hours prior to the holding of the meeting on a public website of the local public body.” WHEREAS, C.R.S. § 24-6-402(2)(c) also provides that the public place or places for posting legal notices shall be designated annually at the local public body’s first regular meeting of each calendar year. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The official posting place for all legal notices of the City of Englewood for the year 2020, shall be the City of Englewood’s website, all in conformance with C.R.S. § 24-6-402(2)(c). Section 2. This Resolution does not in any way of itself create a requirement for notice. ADOPTED AND APPROVED this 6th day of January, 2020. ATTEST: Linda Olson, Mayor __________________________________ Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. , Series of 2020. ______________________________ Stephanie Carlile, City Clerk Page 14 of 178 HOUSE BILL 19-1087 BY REPRESENTATIVE(S) Soper and Hansen, Coleman, McKean, Snyder, Williams D., Bockenfeld, Gray, Jaquez Lewis, Kipp, Rich, Tipper, Titone, Weissman; also SENATOR(S) Woodward and Bridges, Gonzales, Hisey, Moreno, Todd. CONCERNING ONLINE NOTICE OF PUBLIC MEETINGS OF A LOCAL GOVERNMENTAL ENTITY. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, 24-6-402, amend (2)(c) as follows: 24-6-402. Meetings - open to public - legislative declaration - definitions. (2) (c) (I) Any meetings at which the adoption of any proposed policy, position, resolution, rule, regulation, or formal action occurs or at which a majority or quorum of the body is in attendance, or is expected to be in attendance, shall be held only after full and timely notice to the public. In addition to any other means of full and timely notice, a local public body shall be deemed to have given full and timely notice if the notice of the meeting is posted in a designated public place within the boundaries of the Capital letters or bold & italic numbers indicate new material added to existing law; dashes through words or numbers indicate deletions from existing law and such material is not part of the act. Page 15 of 178 local public body no less than twenty-four hours prior to the holding of the meeting. The public place or places for posting such notice shall be designated annually at the local public body's first regular meeting of each calendar year. The posting shall include specific agenda information where possible. (II) THE GENERAL ASSEMBLY HEREBY FINDS AND DECLARES THAT: (A) IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT LOCAL GOVERNMENTS TRANSITION FROM POSTING PHYSICAL NOTICES OF PUBLIC MEETINGS IN PHYSICAL LOCATIONS TO POSTING NOTICES ON A WEBSITE, SOCIAL MEDIA ACCOUNT, OR OTHER OFFICIAL ONLINE PRESENCE OF THE LOCAL GOVERNMENT TO THE GREATEST EXTENT PRACTICABLE; (B) IT IS THE INTENT OF THE GENERAL ASSEMBLY TO RELIEVE A LOCAL GOVERNMENT OF THE REQUIREMENT TO PHYSICALLY POST MEETING NOTICES, WITH CERTAIN EXCEPTIONS, IF THE LOCAL GOVERNMENT COMPLIES WITH THE REQUIREMENTS OF ONLINE POSTED NOTICES OF MEETINGS; (C) A NUMBER OF FACTORS MAY AFFECT THE ABILITY OF SOME LOCAL GOVERNMENTS TO EASILY ESTABLISH A WEBSITE, POST MEETING NOTICES ONLINE, AND OTHERWISE BENEFIT FROM HAVING AN ONLINE PRESENCE, INCLUDING THE AVAILABILITY OF BROADBAND OR RELIABLE BROADBAND, THE LACK OF CELLULAR TELEPHONE AND DATA SERVICES, AND FISCAL OR STAFFING CONSTRAINTS OF THE LOCAL GOVERNMENT; (D) LOCAL GOVERNMENTS ARE ENCOURAGED TO AVAIL THEMSELVES OF EXISTING FREE RESOURCES FOR CREATING A WEBSITE AND RECEIVING CONTENT MANAGEMENT ASSISTANCE FROM THE COLORADO STATEWIDE INTERNET PORTAL AUTHORITY AND STATEWIDE ASSOCIATIONS REPRESENTING LOCAL GOVERNMENTAL ENTITIES; AND (E) IT IS THE INTENT OF THE GENERAL ASSEMBLY TO CLOSELY MONITOR THE TRANSITION TO PROVIDING NOTICES OF PUBLIC MEETINGS ONLINE OVER THE NEXT TWO YEARS AND, IF SIGNIFICANT PROGRESS IS NOT MADE, TO BRING LEGISLATION MANDATING IN STATUTE THAT ALL NOTICES BE POSTED ONLINE EXCEPT IN VERY NARROW CIRCUMSTANCES THAT ARE BEYOND THE CONTROL OF A LOCAL GOVERNMENT. (III) ON AND AFTER JULY 1, 2019, A LOCAL PUBLIC BODY SHALL BE PAGE 2-HOUSE BILL 19-1087 Page 16 of 178 DEEMED TO HAVE GIVEN FULL AND TIMELY NOTICE OF A PUBLIC MEETING IF THE LOCAL PUBLIC BODY POSTS THE NOTICE, WITH SPECIFIC AGENDA INFORMATION IF AVAILABLE, NO LESS THAN TWENTY-FOUR HOURS PRIOR TO THE HOLDING OF THE MEETING ON A PUBLIC WEBSITE OF THE LOCAL PUBLIC BODY. THE NOTICE MUST BE ACCESSIBLE AT NO CHARGE TO THE PUBLIC. THE LOCAL PUBLIC BODY SHALL, TO THE EXTENT FEASIBLE, MAKE THE NOTICES SEARCHABLE BY TYPE OF MEETING, DATE OF MEETING, TIME OF MEETING, AGENDA CONTENTS, AND ANY OTHER CATEGORY DEEMED APPROPRIATE BY THE LOCAL PUBLIC BODY AND SHALL CONSIDER LINKING THE NOTICES TO ANY APPROPRIATE SOCIAL MEDIA ACCOUNTS OF THE LOCAL PUBLIC BODY. A LOCAL PUBLIC BODY THAT PROVIDES NOTICE ON A WEBSITE PURSUANT TO THIS SUBSECTION (2)(c)(III) SHALL PROVIDE THE ADDRESS OF THE WEBSITE TO THE DEPARTMENT OF LOCAL AFFAIRS FOR INCLUSION IN THE INVENTORY MAINTAINED PURSUANT TO SECTION 24-32-116. A LOCAL PUBLIC BODY THAT POSTS A NOTICE OF A PUBLIC MEETING ON A PUBLIC WEBSITE PURSUANT TO THIS SUBSECTION (2)(c)(III) MAY IN ITS DISCRETION ALSO POST A NOTICE BY ANY OTHER MEANS INCLUDING IN A DESIGNATED PUBLIC PLACE PURSUANT TO SUBSECTION (2)(c)(I) OF THIS SECTION; EXCEPT THAT NOTHING IN THIS SECTION SHALL BE CONSTRUED TO REQUIRE SUCH OTHER POSTING. A LOCAL PUBLIC BODY THAT POSTS NOTICES OF PUBLIC MEETINGS ON A PUBLIC WEBSITE PURSUANT TO THIS SUBSECTION (2)(c)(III) SHALL DESIGNATE A PUBLIC PLACE WITHIN THE BOUNDARIES OF THE LOCAL PUBLIC BODY AT WHICH IT MAY POST A NOTICE NO LESS THAN TWENTY-FOUR HOURS PRIOR TO A MEETING IF IT IS UNABLE TO POST A NOTICE ONLINE IN EXIGENT OR EMERGENCY CIRCUMSTANCES SUCH AS A POWER OUTAGE OR AN INTERRUPTION IN INTERNET SERVICE THAT PREVENTS THE PUBLIC FROM ACCESSING THE NOTICE ONLINE. (IV) FOR PURPOSES OF THIS SECTION, "LOCAL PUBLIC BODY" INCLUDES MUNICIPALITIES, COUNTIES, SCHOOL BOARDS, AND SPECIAL DISTRICTS. SECTION 2. In Colorado Revised Statutes, 32-1-903, amend (2) as follows: 32-1-903. Meetings. (2) Notice of time and place designated for all regular AND SPECIAL meetings shall be posted in at least thrcc pu auk, the-limits--of-the-specia-1-distriet,and, in addArun, vrre s notice si-raii-b-e-posteti-itrthe-o-ffree-erft-h-e-cotmtreferk-anci-rteorderirr the-county or counties in w hich the sptueial distrnti-s oca 11,1 11 PAGE 3-HOUSE BILL 19-1087 Page 17 of 178 postca ana snailc cnangea in tllc cvcnt i p utt or such regular meetings is changed PROVIDED IN ACCORDANCE WITH SECTION 24-6-402. Special meetings may be called by any director by informing the other directors of the date, time, and place of such special meeting, and the purpose for which it is called, and by posting PROVIDING notice as provided in this section at least seventy-two hours prior to said meeting IN ACCORDANCE WITH SECTION 24-6-402. All official business of the board shall be conducted only during said regular or special meetings at which a quorum is present, and all said meetings shall be open to the public. SECTION 3. Act subject to petition - effective date. This act takes effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly (August 2, 2019, if adjournment sine die is on May 3, 2019); except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless PAGE 4-HOUSE BILL 19-1087 Page 18 of 178 Leroy M. Garcia PRESIDENT OF THE SENATE 7 approved by the people at the general election to be held in November 2020 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor. /(C/C7j-e-Cro&A..,... KC Becker SPEAKER OF THE HOUSE OF REPRESENTATIVES le.444.Jcz,c;e6-w Marilyn Eddths CHIEF CLERK OF THE HOUSE OF REPRESENTATIVES JP/' ezx c.et_g& n)64A6-C-Ce Cindi L. Markwell SECRETARY OF THE SENATE APPROVED Api.L 25 r et c4--- t13 p .Nt (Date and Time) PAGE 5-HOUSE BILL 19-1087 Page 19 of 178 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Alison McKenney Brown DEPARTMENT: City Attorney's Office DATE: January 6, 2020 SUBJECT: Resolution appointing hearing officers for 2020 DESCRIPTION: Resolution appointing hearing officers for 2020 RECOMMENDATION: Staff recommends that the City Council approve by Resolution the 2020 list of persons eligible for appointment as independent hearing officers for the City of Englewood. PREVIOUS COUNCIL ACTION: On March 18, 2019 the City Council approved a Resolution regarding the 2019 list of persons eligible for appointment as independent hearing officers for the City of Englewood. SUMMARY: Various ordinances of the City require the appointment of independent hearing officers. The individuals selected for inclusion on this list are not employees or officials of the City of Englewood. They have each provided a resume showing an adequate knowledge about the statutory and case law associated with one or more areas of requiring appointment of an hearing officer. ANALYSIS: The following provisions of the City’s Charter and the City’s Code require the appointment of hearing City or Manager, City Council, officers the by hearing officers/independent City Attorney. By establishing a list of individuals who are qualified to provide this service to the City all parties who require a hearing officer know in advance who the possible hearing officers might be, and the appointing authorities know in advance which persons are available to provide these services. Englewood Charter: Section 138:3 Title 3, Chapter 2 Title 5, Chapter 1 Title 11, Chapter 1, Article A Title 15, Chapter 3 Title 15, Chapter 5 FINANCIAL IMPLICATIONS: Independent Hearing Officers are paid a standardized rate of which they were informed at the time they applied to be placed on the list. Page 20 of 178 ALTERNATIVES: No alternatives ATTACHMENTS: Resolution Page 21 of 178 1 RESOLUTION NO. SERIES OF 2020 A RESOLUTION SETTING THE 2020 LIST OF PERSONS ELIGIBLE FOR APPOINTMENT AS INDEPENDENT HEARING OFFICERS FOR THE CITY OF ENGLEWOOD. WHEREAS, Section 138:3 of the Englewood Home Rule Charter provides that the City Council shall appoint independent hearing officers to preside over matters of disciplinary and merit appeals; WHEREAS, Title 3, Chapter 2 of the Englewood Municipal Code provides that the City Council shall appoint independent hearing officers to preside over matters arising out of Employee Organizations; WHEREAS, Title 5, Chapter 1 provides that the City shall appoint an independent hearing officer to preside over administrative appeals associated with licensing; WHEREAS, Title 11, Chapter 1, Article A provides that the City Manager shall appoint a hearing officer to determine disposition of unclaimed impounded vehicles; WHEREAS, Title 15, Chapter 3 provides that the City Manager shall appoint a hearing officer to preside over administrative appeals associated with nuisance code violations; WHEREAS, Title 15, Chapter 5 provides that the City Attorney shall appoint a hearing officer to preside over administrative actions associated with vested rights and takings determinations; and WHEREAS, the passage of this Resolution establishes a list of qualified individuals eligible to serve as independent hearing officers when the services of an independent hearing officer are requested by the City Council, City Manager, or City Attorney for 2020. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The City Council of the City of Englewood, Colorado, hereby approves the following persons for appointment as independent hearing officers to serve at the request of the City Council, City Manager, or City Attorney, on a random and rotating basis, in accordance with the specific expertise required: Kristin Nordeck Brown Randall W. Sampson M. Patrick Wilson Martin McCullough Claybourne Murray Douglas Marcus A. McAskin Kendra L. Carberry William Tuthill Writer Mott Patrick J. McDivitt Page 22 of 178 2 ADOPTED AND APPROVED this 6th day of January, 2020. Linda Olson, Mayor ATTEST: Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk, for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. , Series of 2020. Stephanie Carlile, City Clerk Page 23 of 178 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Dan Poremba DEPARTMENT: Community Development DATE: January 6, 2020 SUBJECT: Professional Services Agreement with Kaplan Kirsch Rockwell LLP DESCRIPTION: Professional Services Agreement with Kaplan Kirsch Rockwell LLP RECOMMENDATION: In accordance with a recommendation from the Board of the Englewood Environmental Foundation (EEF), approved by motion at the December 6, 2019 Board Meeting, Community Development staff recommends that the City Council approve the one-year option to extend for 2020 the Professional Services Agreement with Kaplan Kirsch Rockwell LLP to serve as Special Counsel in connection with various CityCenter redevelopment matters. PREVIOUS COUNCIL ACTION: On February 19, 2019, City Council approved by motion the 2019 Professional Services Agreement with Kaplan Kirsch Rockwell. The 2019 contract included a one-year renewal at the discretion of the City Council, with advisement from the EEF Board. SUMMARY: In order to protect the City's and EEF’s various interests, Community Development and the City Attorney recommended, during the January 7, 2019 Council Study Session that the City and EEF retain Special Counsel. The selection of Kaplan Kirsch Rockwell followed a competitive procurement process, including the issuance of a Legal Services RFQ dated January 10, 2019 (RFQ-19-003). The Kaplan Kirsch Rockwell response to the original RFQ is attached. The Special Counsel’s role is to advise the City Council and to provide support to a project team comprised of City staff members, EEF representatives, and outside consultants concerning the critical legal decisions and tasks connected with the potential redevelopment of portions of Englewood CityCenter. Special Counsel will continue to work directly with the project team under the direction of the Chief Redevelopment Officer. ANALYSIS: In 2020, the services to be performed by Special Counsel include the following: a. Advise and assist the City and EEF on ground lease matters, including related communications and amendment negotiations with the original bondholder group, now represented by LNR Partners (special servicer), and with prospective buyers of the property previously developed and operated by Weingarten Realty, Page 24 of 178 b. Evaluation of City Charter provisions pertaining to City and EEF real property transactions, including a possible buyout of the subject ground lease, c. In connection with the City’s anticipated selection of a master developer for the redevelopment of the City and EEF owned and controlled property at City Center, assist with the negotiation and drafting of three related agreements: (a) Exclusive Negotiating Agreement, (b) Predevelopment Agreement, and (c) Development Agreement, and other ancillary agreements as may be required, d. Advise and assist the City and EEF on related matters involving possible special district and public finance strategies, e. Advise and assist the City and EEF on matters pertaining to evaluating the possible unwinding of EEF, including a possible outline of an unwinding process and preparation of the necessary documents. FINANCIAL IMPLICATIONS: During the February 1, 2019 EEF Board meeting, the EEF Board approved the payment of 2019 Special Counsel legal fees from EEF’s Central Cash-Unrestricted Balance account. The contract maximum for 2019 was $90,000, of which it is expected the total 2019 expenditure will be approximately $80,000. Based on discussions with the Finance Department, it is recommended that the 2020 Special Counsel legal fees again be funded from EEF’s Central Cash-Unrestricted Balance account. It is also recommended that, as approved by EEF on December 6, 2019 and based on the expanded scope of anticipated legal services, the 2020 contract maximum be increased to $150,000. CONCLUSION: Based on the recommendation of the EEF Board, Staff recommends that City Council approve the Professional Services Agreement with Kaplan Kirsch Rockwell LLP through December 31, 2020. ATTACHMENTS: Contract Summary Approval December 6, 2019 EEF Minutes PSA 19-86 Kaplan Kirsch Rockwell for 2020 legal services 2019 Professional Services Agreement with Kaplan Kirsch Rockwell Kaplan Kirsch Rockwell's response, dated January 31, 2019, to the City of Englewood RFQ, dated January 10, 2019 Page 25 of 178 Contract Approval Summary March 2019 Update Page | 1 Contact Identification Information (to be completed by the City Clerk) ID number: Authorizing Resolution/Ordinance: Recording Information: City Contact Information Staff Contact Person: Dan Poremba Phone: 303.762.2366 Title: Chief Redevelopment Officer Email: dporemba@englewoodco.gov Vendor Contact Information Vendor Name: Kaplan Kirsch & Rockwell LLP Vendor Contact: Sarah Rockwell Vendor Address: 1675 Broadway, Suite 2300 Vendor Phone: 303.825.7000 City: Denver Vendor Email: srockwell@kaplankirsch.com State: CO Zip Code: 80202 Contract Type Contract Type:Professional Services Description of ‘Other’ Contract Type: Description of Contract Work/Services: Attachments: ☒Contract -- ☐Original ☒Copy ☐Addendum(s) ☐Exhibit(s) ☐Certificate of Insurance Summary of Terms: Start Date: January 6, 2020 End Date: December 31, 2020 Total Years of Term: 1 Total Amount of Contract for term (or estimated amount if based on item pricing): Not to Exceed $150,000 If Amended: Original Amount $ Amendment Amount $ Total as Amended: $ Renewal options available: Payment terms (please describe terms or attach schedule if based on deliverables): Consultant will be paid within 30 days of receipt of invoice for work completed. Attachments: ☐Copy of original Contract if this is an Amendment ☐Copies of related Contracts/Conveyances/Documents Consultant will work under the overall direction of the Project Team in association with any other consultants involved with the Project Team, and in a day-to-day supporting role to the Chief Redevelopment Officer of the City. Consultant will be expected to work closely and collaboratively with the City of Englewood City Attorney’s Office, Attorneys for the Englewood Environmental Foundation (EEF), and the EEF Board of Directors. Page 26 of 178 Contract Approval Summary March 2019 Update Page | 2 Source of Funds (Insert Excel Document Image): Attachment (For Capital Items Only / Expense Line Item Detail is Located in Open Gov): ☐Prior Month-End Project Status and Fund Balance Report Process for Choosing Vendor (Check Box): ☐Bid: ☐ Bid Evaluation Summary attached ☐ Bid Response of Proposed Awardee ☐RFP: ☐ RFP Evaluation Summary Attached ☐ RFP Response of Proposed Awardee ☐Quotes: Copy of Quotes attached ☐Optimal Source: Provide Detailed Explanation: ☐ Sole Source (Use as much space as necessary for detailed explanation): ☐ Qualification Based Selection / Best Value* (Continue on Next Page) *Note: Qualifications Based Selection / Best Value Justification detailed explanation may include the following information, but is not limited to: 1.) Product and provider reliability 2.) Product and project understanding 3.) Product availability / Low risk solution 4.) Ability to connect to with current City of Englewood IT systems 5.) Familiarization with the City of Englewood CAPITAL ONLY A B C 1 = A‐B‐C Capital Operating Year Tyler / New World  Project # / Task# Fund Division Object Line Item Description Budget Spent to  Date Contract  Amount Budget  Remaining 85 8501 54201 EEF Funds ‐$              150,000.00$   ‐$                 ‐$                   ‐$                   ‐$                   Total by Fund and Current Year ‐$                 ‐$              150,000.00$   ‐$                         ‐$                 ‐$               ‐$                 ‐$                         ‐$                 ‐$               ‐$                 ‐$                   ‐$                 ‐$               ‐$                 ‐$                   Grand Total ‐$                 ‐$              150,000.00$   ‐$                   NOTES (if needed): For Operating Expense Line Item Detail, please review information provided in OpenGov. For Capital items, please review Attachment ‐ Prior  Month Project Status and Fund Balance Report  CAPITAL & OPERATING EXPENSE Page 27 of 178 MINUTES Englewood Environmental Foundation Meeting Friday, December 6, 2019 1000 Englewood Pkwy – Public Works Conf Rm 2:30 PM PRESENT:Dorothy Hargrove Maria Sobota Maria DAndrea ABSENT: STAFF PRESENT: 1.Call to Order a.Maria D'Andrea called the meeting to order at 2:32 pm. 2.Approval of Minutes a.November 15, 2019 Moved by Member Dorothy Hargrove Seconded by Member Maria Sobota TO APPROVE THE MINUTES OF NOVEMBER 15, 2019 AS WRITTEN. Motion CARRIED. 3.New Business a.Keesen Snow & Ice Control Contract Moved by Member Dorothy Hargrove Seconded by Member Maria Sobota TO APPROVE KEESEN SNOW & ICE CONTROL CONTRACT. Motion CARRIED. b.2020 Legal Services Contract Moved by Member Maria DAndrea Seconded by Member Dorothy Hargrove RECOMMENDING COUNCIL'S APPROVAL OF EXTENDING THE KAPLAN KIRSCH ROCKWELL CONTRACT THROUGH YEAR-END 2020. Page 28 of 178 Englewood Environmental Foundation December 6, 2019 Motion CARRIED. c.Guild Lease Moved by Member Dorothy Hargrove Seconded by Member Maria Sobota TO APPROVE GUILD LEASE. Motion CARRIED. d.MOA Lease Agreement Moved by Member Dorothy Hargrove Seconded by Member Maria Sobota TO APPROVE MOA LEASE AGREEMENT. Motion CARRIED. 4.Old Business 5.Adjournment a.The meeting adjourned at 2:54 pm. Page 29 of 178 $2 lewood PROCUREMENT DIVISION PROFESSIONAL SERVICES AGREEMENT Contract Number PSA/19-86 (not to exceed $150,000) This Professional Services Agreement (the “Agreement”)is made as of this day of 20_,(the "Effective Date")by and between Kaplan Kirsch &Rockwell LLP,a Colorado corporation ("Consu|tant”),and The City of Englewood,Colorado,a municipal corporation organized under the laws of the State of Colorado (“City’). City desires that Consultant,from time to time,provide certain consulting services,systems integration services,data conversion services,training services,and/or related services as described herein,and Consultant desires to perform such services on behalf of City on the terms and conditions set forth herein. In consideration of the foregoing and the terms hereinafter set forth and other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged,the parties hereto, intending to be legally bound,agree as follows: 1.De?nitions.The terms set forth below shall be defined as follows: (a)“lnte||ectua|Property Rights” shall mean any and all (by whatever name or term known or designated)tangible and intangible and now known or hereafter existing (1)rights associate with works of authorship throughout the universe,including but not limited to copyrights,moral rights,and mask- works,(2)trademark and trade name rights and similar rights,(3)trade secret rights,(4) patents,designs,algorithms and other industrial property rights,(5)all other intellectual and industrial property rights (of every kind and nature throughout the universe and however designated)(including logos, "rental"rights and rights to remuneration), whether arising by operation of law,contract, license,or otherwise,and (6)all registrations, initial applications,renewals,extensions, continuations,divisions or reissues hereof now or hereafter in force (including any rights in any of the foregoing). (b)"Work Product”shall mean all patents,patent applications,inventions, designs,mask works,processes, methodologies,copyrights and copyrightable works,trade secrets including confidential information,data,designs,manuals,training materials and documentation,formulas, knowledge of manufacturing processes, methods,prices,financial and accounting data, products and product specifications and al lotherIntellectualPropertyRightscreated, developed or prepared,documented and/or delivered by Consultant,pursuant to the provision of the Services. 2.Statements of Work.During the term hereof and subject to the terms and conditions contained herein,Consultant agrees to provide,on an as requested basis,the consulting services,systems integration services,data conversion services,training services,and related services (the "Services”) as further described in Attachment A (the "Statement of Work”)for City,and in such additional Statements of Work as may be executed by each of the parties hereto from time to time pursuant to this Agreement.Each Statement of Work shall specify the scope o fwork,specifications,basis of compensation 1000 Englewood Parkway,Englewood,Colorado 80110-2373 (303)762-2300 www.eng|ewoodgov.org PSA #19-86 Page 30 of 178 Page 31 of 178 Page 32 of 178 Page 33 of 178 Page 34 of 178 Page 35 of 178 Page 36 of 178 Page 37 of 178 Page 38 of 178 Page 39 of 178 Page 40 of 178 5 (SIo‘ug"“"°’ IN WITNESS WHEREOF,the parties to this Agreement have caused it to be executed by their authorized officers as of the day and year first above written.This Agreement may be executed in counterparts,each of which shall be deemed an original,but all of which together shall constitute one and the same instrument. CITY OF ENGLEWOOD,COLORADO By:Date (Department Director) By:Date (City manager) By:Date: (Mayor) ATTEST: City Clerk Name) City,_ By: (Print Name) Title: Date: 1000 Englewood Parkway,Englewood,Colorado 80110-2373 (303)762-2300 wvvw.eng|ewoodgov.org am \V$Vg\'; H073 I mm 0.0 z>2o‘2— Pm?m ZIO w«,0 ( Boo Page 41 of 178 dgoremba@eng|ewoodco.gov srockwell@kap|ankirsch.com SCHEDULE A OUTLINE OF STATEMENT OF WORK GENERAL Statement of Work for Professional Services Agreement between the City of Englewood, Community Development Department (City)and Kaplan Kirsch Rockwell LLP (Consultant), 1675 Broadway,Suite 2300,Denver,Colorado 80202 effective immediately upon execution by the parties and will continue through December 31,2020,the one-year extension year. NAMES,PHONE NUMBERS AND EMAILS OF PROJECT COORDINATORS Community Development: Dan Poremba,Chief Redevelopment Officer 303.762.2366 Kaplan Kirsch &Rockwell LLP: Sarah Rockwell,Partner (303)825-7000 SUMMARY OF PURPOSE FOR STATEMENT OF WORK Consultant will work under the overall direction of the Project Team in association with any other consultants involved with the Project Team,and in a day-to-day supporting role to the Chief Redevelopment Officer of the City.Consultant will be expected to work closely and collaboratively with the City of Englewood City Attorney’s Office,Attorneys for the Englewood Environmental Foundation (EEF),and the EEF Board of Directors. EQUIPMENT AND PROGRAMMING TO BE PROVIDED BY CITY (IF ANY) N/A OTHER CONSULTANT RESOURCES No additional consultants shall be engaged without prior written approval by the City.Should the need arise for additional services,Consultant will coordinate any concurrent work of other consultants engaged directly by the City. DESCRIPTION OF WORK PRODUCT AND DELIVERABLES The Consultant shall perform the legal services outlined below: a.Advise and assist the City and EEF on ground lease matters,including related communications and amendment negotiations with the original bondholder group, 1000 Englewood Parkway,Englewood,Colorado 80110-2373 (303)762-2300 www.eng|ewoodgov.org Page 42 of 178 Page 43 of 178 Page 44 of 178 RSC Ha (Print Name) IN WITNESS WHEREOF,pursuant and in accordance with the Professional Services Agreement between the parties hereto dated of Work as of this day of CITY OF ENGLEWOOD,COLORADO By: (Signature) (Print Name) Title:City Manager Date: KAPLAN Kl ROCKWELL LLP (Signature) Title:Partner Date: ,2019,the parties have executed this Statement 2019. 1000 Englewood Parkway,Englewood,Colorado 80110-2373 (303)762-2300 www.englewoodgov.org PSA #19-86 \7/K0 (pl 1 Page 45 of 178 Page 46 of 178 Page 47 of 178 Page 48 of 178 Page 49 of 178 Page 50 of 178 Page 51 of 178 Page 52 of 178 Page 53 of 178 Page 54 of 178 Page 55 of 178 Page 56 of 178 Page 57 of 178 Page 58 of 178 Page 59 of 178 Page 60 of 178 3 Page 61 of 178 January 30, 2019 VIA HAND DELIVERY City of Englewood Office of the Purchasing Division 1000 Englewood Parkway Englewood, CO 80110-1407 Re: Response to Request for Qualifications 19-003 for Legal Services Dear Office of Purchasing Division: Kaplan Kirsch & Rockwell LLP is pleased to submit this proposal in response to the City of Englewood’s Request for Qualifications for Legal Services (RFQ-19-003) regarding the Englewood CityCenter Redevelopment Project. Our firm has established a reputation as one of the foremost strategic advisors on redevelopment, infrastructure, and public-private projects in Colorado and elsewhere. We provide strategic advice and counsel on all elements and for all phases of project development, real estate, governance, planning, financing, and implementation. We assist clients from the earliest stage of project conception through construction and operation, including the negotiation of complex governance and development agreements, real estate and entitlement matters, infrastructure and project finance agreements, and negotiation of all transaction documents. The RFP seeks comprehensive legal services to advise the City Council and provide support to a project team on the legal decisions and tasks connected with the anticipated redevelopment of portions of the Englewood CityCenter transit-oriented development project. Our team has the extensive experience needed to provide these legal services, including experience with ground leasing and other real estate matters, negotiating and drafting master development agreements, designing P3 transaction structures, developing project contracts and performance standards, and implementing competitive procurements to deliver value for public sponsors of public-private partnerships. Our team also brings the relevant real estate, land use, and other local expertise to ensure the ultimate transaction structure and approach incorporates appropriate considerations to reflect the nature of the Project and relevant City considerations. We have organized our response to address the items listed in the qualifications statement on page 4 of the RFQ, as well as to provide the additional information referred to on page 6 of the RFQ. Of course, if you require additional information about our firm or our experience, we are hap py to provide that information. Page 62 of 178 Office of Purchasing Division January 30, 2019 Page 2 We would be honored to represent the City on this exciting project and have assembled a team of attorneys with the right depth and diversity of expertise to provide the services required. We would be happy to further discuss how our real estate, project development, and infrastructure and experience—as well as our “project first” approach to delivery and implementation—can position this project for success. Finally, pursuant to page 7, letter G of the RFQ, we confirm that the standard form of Professional Services Agreement attached as Exhibit C to the RFQ is acceptable. Thank you in advance for considering our response. We look forward to speaking with you soon. Sincerely, Sarah M. Rockwell Enclosure Page 63 of 178 Table of Contents Kaplan Kirsch & Rockwell LLP Response to Request for Qualifications 19-003 – Legal Services i General Firm Information ........................................................................................................... 1 A. Our Practice ...................................................................................................................... 2 Ground Leases ........................................................................................................ 2 Master Developer Agreements ............................................................................... 3 Public-Private Partnerships for Vertical Development ........................................... 4 Public Finance ......................................................................................................... 5 Infrastructure Development .................................................................................... 5 B. Relevant Experience in Public-Private Partnerships, Development, or Other Agreements in the Context of Large-Scale Transit Oriented Development ................ 6 Denver Union Station ............................................................................................. 6 Alameda Station ...................................................................................................... 7 Federal Center Station............................................................................................. 7 City and County of Denver/61st Avenue Station .................................................... 7 Olde Town Arvada Station ..................................................................................... 7 Atlanta Beltline, Inc. ............................................................................................... 7 C. Proposed Team .................................................................................................................. 7 D. Availability and Responsiveness ...................................................................................... 9 E. Fees ..................................................................................................................................... 9 F. References ........................................................................................................................ 11 Resumes .......................................................................................................... See Tab “Resumes” Marketing Materials ................................................................. See Tab “Marketing Materials” Page 64 of 178 Kaplan Kirsch & Rockwell LLP Response to Request for Qualifications 19-003 – Legal Services 1 GENERAL FIRM INFORMATION Founded in 2003, Kaplan Kirsch & Rockwell is a national law firm devoted to project development. We solve problems that involve infrastructure, real estate, land use, construction, environmental, and other related areas of law. The Firm represents local governments, individuals, corporate clients, and organizations in complex projects, including unique public-private partnerships. We have 30 attorneys in the Firm. The Firm’s offices in Denver, Boston, New York, Washington, DC, enable us to represent clients on matters throughout the country, and the breadth of the Firm’s practice typically includes active representations in more than half the states at any one time. We are a boutique firm focused exclusively on projects. The majority of our attorneys have public sector experience and have chosen to work at our firm because they are passionate about the work we do. Turnover at our firm is rare. The team you see in our proposal is the team you will get because we only pursue the work that genuinely interests us and the projects that we want to be a part of. Our firm maintains one of the nation’s most active and dynamic infrastructure project practices. We pride ourselves in developing and implementing unique public-private partnership structures tailored to the needs of individual projects. We have the breadth and depth of experience to inform our project approach and help the City meet its goals. Of relevance to the City of Englewood, we have deep expertise in the following areas: Real Estate, Land Use, and Zoning Our attorneys have extensive experience with real estate development, land use entitlements, and infrastructure projects, many of which involve the public sector and result in various forms of public-private partnerships. We have extensive experience in drafting and negotiating the whole host of agreements associated with real estate transactions, including ground lease agreements, purchase and sale agreements, easements, leases and licenses, and other real estate documents. We also have particular expertise in crafting and negotiating project agreements associated with large master planned projects. Finally, we regularly counsel clients on all aspects of land use entitlements. P3 and Project Delivery Complex infrastructure and development projects increasingly rely upon a mix of private funding and public funds from federal, state, regional, and local resources. As governments at all levels recognize the need to improve and repair all types of real property, transportation, and utility infrastructure, as well as engage in major development projects, they also have come to require expertise not only in the funding of such undertakings but also the process for getting the projects completed. Kaplan Kirsch & Rockwell has that expertise. Page 65 of 178 Kaplan Kirsch & Rockwell LLP Response to Request for Qualifications 19-003 – Legal Services 2 Government and Public Policy Environmental, land use, urban redevelopment, infrastructure, and transportation projects often involve multiple jurisdictions and different levels of government. Increasingly, these matters incorporate public financing mechanisms that range from tax increment financing to federal loans. Such projects, however, can also generate the greatest source of legal and public disputes among governmental entities. Our firm has developed a national practice in representing governmental entities in solving the kinds of disputes that arise when governments are called upon to regulate, approve, and often oppose substantial public projects, development endeavors, or transportation infrastructure. We have considerable experience in negotiating intergovernmental agreements that resolve complex, difficult issues among governments. We also have extensive experience in addressing public sector issues such as governance structures for project delivery, open records, contracting, and advocacy. Environmental Law Environmental and conservation law is the core of our practice at Kaplan Kirsch & Rockwell. We have a wide range of experience assisting clients with environmental cleanup, compliance, permitting, enforcement, and defense under the “alphabet soup” of environmental statutes addressing pollution and chemical exposure, including the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), the Resource Conservation and Recovery Act (RCRA), the Toxic Substances Control Act (TSCA), the Emergency Planning and Community Right-to-Know Act (EPCRA), and the Clean Air and Clean Water Acts. A. OUR PRACTICE Kaplan Kirsch & Rockwell has extensive experience in each of the areas listed in A of the Qualifications Statement. Our experience is described below for each of the relevant areas. GROUND LEASES. Kaplan Kirsch & Rockwell’s real estate practice includes the preparation, negotiation, and review of ground leases on a regular basis. We have prepared a variety of short and longer-term ground leases for private developers, airport clients, local governments, and educational institutions. A few examples include: a. University of Colorado. We are representing the University of Colorado on the structuring, procurement, negotiation, and documentation for the development of a hotel and conference center on the CU Boulder campus. As part of this representation, we will be drafting and negotiating a 70-year ground lease with the project developer, which calls for the developer to finance, design, construct, operate, and maintain the hotel and conference center, subject to a negotiated revenue share payable to the University. The ground lease will include a sublease back to the University, structured as a capital lease and financed by the developer, for the University’s use of separate structured parking within the project. Page 66 of 178 Kaplan Kirsch & Rockwell LLP Response to Request for Qualifications 19-003 – Legal Services 3 b. Englewood CityCenter. While at his prior law firm, Isaacson Rosenbaum, Bill Silberstein represented Weingarten Miller Englewood Joint Venture—the developer of the Englewood CityCenter retail shopping area—in negotiating the long-term ground lease from Englewood Environmental Foundation, Inc., the leasing of the retail space, obtaining both construction and permanent financing based on the ground lease, and the creation of condominium retail space in the adjoining apartment building. c. Lowry Town Center. While at a previous law firm, Bill Silberstein represented the developer of the Lowry Town Center, a retail shopping center at Lowry based on a long-term ground lease from the Lowry Redevelopment Authority. This engagement included obtaining financing for the ground lease and subleasing portions of the shopping center to retail tenants on long term ground leases. d. Fitzsimons. On behalf of Forest City Fitzsimons, we worked with the Fitzsimons Redevelopment Authority to draft and negotiate a long-term ground lease for Forest City for development at Fitzsimons. MASTER DEVELOPER AGREEMENTS. Kaplan Kirsch & Rockwell has drafted and negotiated numerous master developer agreements, representing both private and public sector entities. Key examples include: a. Denver Union Station. Our firm represented the Union Station Neighborhood Company (Continuum and East West Partners), the master developer of the Denver Union Station site. As part of this work, we drafted and negotiated the primary Master Developer agreement between Union Station Neighborhood Company and the Denver Union Station Project Authority. Our work for Union Station Neighborhood Company also included assisting with the structuring of the financing of the transit station Denver Union Station site including structuring the overall transaction with RTD and then on public financing (TIFIA and RRIF, Downtown Development District), zoning, land use, and governance issues associated with this project. b. Stapleton Redevelopment. Our firm represented Forest City Stapleton in drafting and negotiating the Master Redevelopment Agreement between Forest City and the Stapleton Development Corporation. We have represented Forest City at Stapleton since Forest City was selected as the master developer and over the years, have drafted and negotiated numerous other project related agreements. Page 67 of 178 Kaplan Kirsch & Rockwell LLP Response to Request for Qualifications 19-003 – Legal Services 4 c. 61st and Peña Station. We represented the City and County of Denver on a public- private partnership for the development of the on-airport Peña Boulevard rail station as a transit-oriented development project that also includes development of private off-airport land. Our involvement included issues related to real estate, public and private finance, land use, federal airport regulation, and other regulatory issues. As part of this work, we prepared the master agreement between the City and County of Denver – Department of Aviation and Rail Stop LLC (the owner of the private property surrounding the 61st and Peña station site), related to development and infrastructure funding for this approximately 60 acres of property surrounding the transit station. PUBLIC-PRIVATE PARTNERSHIPS FOR VERTICAL DEVELOPMENT. Almost every master developer agreement that we have prepared involves some sort of partnership between the public and private sectors to promote vertical development. In addition to the master developer agreements described above, a few additional examples of our work in this area include: a. National Western Center Redevelopment. Our firm represents the City and County of Denver on all aspects of the structuring and procurement of the expansion and redevelopment of the National Western Stock Show into a new, 270-acre, state- of-the art multipurpose campus. The project is being procured through the City’s new Performance Based Infrastructure (PBI/P3) Office and will utilize a design- build-finance-operate-maintain (DBFOM) model for the redevelopment of the 60+ acre “Triangle” parcel, which will include a new 10,000 seat arena, exposition hall, renovation of the 1909 historic stadium arena into a public market space, and structured parking assets. Value capture from the remainder of the site, consisting of approximately 20 acres of private real estate development, will generate revenue to offset the cost of the public assets. b. Alameda Station. We represented D4 Urban in drafting and negotiating its agreements with the Regional Transportation District (RTD) related to the purchase by D4 of the Alameda Station site and D4’s construction of the transit station and related multifamily development projects. As part of this representation, we also negotiated urban renewal agreements; prepared and negotiated construction contracts, including the owner’s representative, architect, and construction manager (CM) at-risk agreements; and assisted in equity and lender due diligence issues. c. Broadway Station – City of Denver. Our firm represents the owners of the former Gates Rubber Company site at I-25 and Broadway in Denver, which is being transformed into a new mixed-use community. We have advised the client on comprehensive planning, zoning and entitlements, environmental issues, and real estate issues. We also have negotiated the agreements with the Denver Urban Renewal Authority and the City and County of Denver to facilitate tax increment financing for the project. Page 68 of 178 Kaplan Kirsch & Rockwell LLP Response to Request for Qualifications 19-003 – Legal Services 5 PUBLIC FINANCE. The projects that Kaplan Kirsch & Rockwell has worked on often involve a public finance component. Working with separate bond counsel, we have represented numerous public and private sector clients on the structuring and coordinating of the public finance elements of their projects. Our attorneys are fluent in a variety of financing tools, including TIF, metropolitan districts, PIF, GID and private activity bonds, and opportunity zones. Examples include: a. Stapleton. Our long-term representation of Forest City Stapleton has included serving as developer counsel in negotiating the various agreements with the City of Denver, the metro districts, and the Denver Urban Renewal Authority associated with Stapleton’s extensive infrastructure projects, including agreements associated with the issuance of bonds by the metro districts and DURA. b. Broadway Station – City of Denver. As mentioned above, we represented the owners of the former Gates Rubber company site on drafting and negotiating the primary agreements with the Denver Urban Renewal Authority, the City and County of Denver, and the Broadway Station metropolitan district related to tax increment financing for the project. c. Denver Union Station. As part of our representation of the Union Station Neighborhood Company, firm attorneys assisted in structuring the overall transaction and the public financing related to the redevelopment of the Station. This project included approximately $500 million of public infrastructure to establish Denver Union Station as the multi-modal transit hub for the greater Denver region and involved more than $500 million of private development. The public infrastructure included TIFIA and RRIF loans, as well as a significant tax increment component to repay the federal loans. INFRASTRUCTURE DEVELOPMENT. Large master planned projects always require an understanding of how project infrastructure will be financed, constructed, operated, and maintained. Each of the projects listed above involved an infrastructure component. Examples of our work in this area include: a. Broadway Station – City of Denver. As part of this representation, summarized above, we worked with our client, client consultants, metro district counsel, and the City of Denver to prepare an infrastructure master plan for the project. That plan informed the public finance components of the tax increment finance package, as the public finance will be used to fund infrastructure construction. Page 69 of 178 Kaplan Kirsch & Rockwell LLP Response to Request for Qualifications 19-003 – Legal Services 6 b. Central 70 Reconstruction Project. While not a real estate development project, our firm recently represented CDOT in the DBFOM P3 delivery of the technically complex, $2.3 billion reconstruction of the 11-mile segment of Interstate 70 through central Denver, which involves lowering a section of the highway below grade and constructing a 4-acre park over a portion of that lowered section. We assisted CDOT in developing a modified procurement process that encouraged bidder feedback— including a customized process for site condition due diligence requests—that has since been adopted by other projects and emphasized maximum competitive tension to drive overall value to the project. As the largest single transportation project ever undertaken by CDOT, Central 70 also required consideration of numerous other legal issues, including complex issues related to project finance under TABOR, risk allocation between the public and private sectors, development of performance specifications, and project handback. c. Stapleton Redevelopment. The Stapleton project has included construction of approximately $650 million worth of trunk and intract infrastructure funded through a combination of tax increment financing and metro district mill levies. We worked with Forest City on the infrastructure master plan for 3,000 acres of development over a 25-year period. The infrastructure finance package included funding for four new Denver Public Schools, regional open space, neighborhood open space, and roads and utilities. We represented Forest City in negotiating the various agreements with the City of Denver, the metro district, and the Denver Urban Renewal Authority associated with these infrastructure projects, including agreements associated with the issuance of bonds by the metro districts and DURA. B. RELEVANT EXPERIENCE RELATING TO PUBLIC-PRIVATE PARTNERSHIPS, DEVELOPMENT, OR SIMILAR AGREEMENTS IN THE CONTEXT OF LARGE-SCALE TRANSIT-ORIENTED DEVELOPMENT Kaplan Kirsch & Rockwell has had the privilege of working on five of the metro area’s largest transit-oriented development projects, on behalf of both private and public sector entities. These include the following: DENVER UNION STATION. As mentioned above, we represented the master developer selected to redevelop the Denver Union Station site. This project included approximately $500 million of public infrastructure to establish Denver Union Station as the multi-modal transit hub for the greater Denver region and involved more than $500 million of private development. We have advised the master developer on land use and zoning, governance, development agreements, and public financing issues associated with this project. Page 70 of 178 Kaplan Kirsch & Rockwell LLP Response to Request for Qualifications 19-003 – Legal Services 7 ALAMEDA STATION. As described above, we represented D4 Urban on the Alameda Station Project. As part of this representation, our attorneys advised the client and negotiated the land transaction with RTD; negotiated agreements with the City of Denver and the Denver Urban Renewal Authority; advised the client on land use and entitlement issues; prepared and negotiated construction contracts; prepared numerous easements, licenses, and other land related agreements; and assisted in equity and lender due diligence issues. FEDERAL CENTER STATION. We represented the City of Lakewood in negotiations with the federal government regarding acquisition of the Federal Center Station. This work includes negotiating appropriate agreements for site acquisition, addressing environmental issues, advising on land development, and other matters. For various reasons, the City decided not to acquire the site. CITY AND COUNTY OF DENVER/61ST AVENUE STATION. We represented the City and County of Denver – Department of Aviation on a public-private partnership for the development of the Peña Station rail station as a transit-oriented development. Our involvement included issues related to real estate, public and private finance, land use, federal airport regulation, and other regulatory issues. The Denver City Council approved the key agreements associated with the $50 million infrastructure financing package in May 2015. The financing closed and construction commenced in June 2015. OLDE TOWN ARVADA STATION. We represented the master developer of the Olde Town Arvada Station area on drafting and negotiating the Disposition and Development Agreement between the master developer and the Arvada Urban Renewal Authority, as well as ancillary agreements. An example of our experience with transit-oriented development projects outside of Denver includes the following: ATLANTA BELTLINE, INC. We represent the Atlanta Beltine, Inc., the entity responsible for executing a comprehensive economic revitalization plan in central Atlanta. The Atlanta BeltLine is a 22-mile circumference loop of transit, recreational trail, and park development that includes multi-modal transportation links to and among the neighborhoods lining the corridor. The project incorporates coordinated zoning incentives, a tax increment finance district, brownfields remediation, a city-sponsored residential mortgage program to encourage the purchase of homes near the Atlanta BeltLine, and more than 5,000 units of affordable housing being financed through an affordable housing trust fund. C. PROPOSED TEAM While all of the Firm’s attorneys would be available on an as-needed basis to assist the City, we anticipate a core team of four partners and two associates to address the scope of services listed in A through E of page 4 of the RFQ. Sarah Rockwell would serve as the principal contact; she would oversee all substantive work and would be responsible for ensuring cost-effective and timely counsel. Page 71 of 178 Kaplan Kirsch & Rockwell LLP Response to Request for Qualifications 19-003 – Legal Services 8 In this section, we provide brief descriptions of the relevant experience of the team members identified below. Full biographies of each team member are appended to this proposal. Each of these attorneys has experience in municipal law and federal, State of Colorado, and City laws and regulations as each may relate to the Project. Sarah M. Rockwell. Sarah would serve as coordinating partner and principal contact to the City. She would advise on all of the services listed in A through E on page 4 of the RFQ. She has extensive experience in project development, real estate, land use, and public-private partnership negotiations and has direct experience representing clients on a variety of issues related to land use, real property transactions, intergovernmental agreements, and transactions involving private sector entities. Sarah advised on the redevelopments of Denver Union Station, Broadway Station, Alameda Station, and the DIA/61st Avenue Station project. Of note, Sarah served on the ULI technical advisory panel (TAP) for the Englewood CityCenter project in October 2016 and is very familiar with the Englewood CityCenter area and its issues. Stephen H. Kaplan. Steve would provide strategic advice on all of the services listed in A through E on page 4 of the RFQ. As the former Denver City Attorney, Steve has extensive experience representing local governments and understands the sensitivities of carrying out projects that involve a public sector component. Steve also has extensive experience in projects involving public finance. He was a key player in the structuring of the public finance package and governance arrangement for the Union Station project, is working the City of Denver on the National Western Stock Show governance and P3 procurement, and has advised the Denver Convention Center Hotel Authority since it was created. Bill Silberstein. Bill’s practice focuses on all aspects of real estate transactions. Most recently, Bill has been serving as Forest City’s primary real estate counsel on the residential and commercial transactions at Stapleton. While at his previous firm, Bill represented Miller Weingarten on drafting and negotiating the long-term ground lease from Englewood Environmental Foundation, Inc., the leasing of the retail space, obtaining both construction and permanent financing based on the ground lease, and the creation of condominium retail space in the adjoining apartment building. Bill would take the lead role in advising and assisting the City on ground lease matters including related communications and amendment negotiations with C-III and its prospective buyers. Brent E. Butzin. Brent’s practice focuses on the structuring, financing, and delivery of complex projects involving multiple parties through public-private partnerships. Brent would take the primary role in drafting the anticipated Unsolicited Response Policy and Ordinance pertaining to the City Property and would assist in review of the anticipated Developer Request for Qualifications/Responses package and solicitation process. Brent’s previous work has involved vertical/social infrastructure, transportation, and value capture projects. Brent formerly served as General Counsel to the High Performance Transportation Enterprise, the arm of the Colorado Department of Transportation formed to pursue innovative public-private partnerships, including the recent Central 70 project. Brent is also a licensed Professional Engineer. He is currently advising the City of Denver on its vertical infrastructure public-private partnership for the National Western Center, as well as the University of Colorado on its hotel and conference center public- private partnership. Page 72 of 178 Kaplan Kirsch & Rockwell LLP Response to Request for Qualifications 19-003 – Legal Services 9 Hanna R. Gustafsson. Hanna’s practice focuses on land use and real estate development. Hanna would assist on all aspects of the tasks listed in A through E on page 4, as appropriate. Heather J. Haney. Heather’s practice focuses on real estate development and project agreements. Heather would assist in ground lease matters and other real estate components of the project. D. AVAILABILITY AND RESPONSIVENESS Kaplan Kirsch & Rockwell is comprised primarily of partners, who have decades of experience in projects on fast schedules with changing requirements. We understand the need for responsiveness and quick turnaround to meet our clients’ needs. We also are available to attend meetings on short notice, as needed. It also is helpful that Sarah Rockwell, Brent Butzin, and Hanna Gustafsson live within a 10-minute drive from the City of Englewood. One recent example illustrates how we successfully respond to and address client needs. The City of Philadelphia sought our counsel regarding a new issue that the Mayor had requested for a briefing the following day. Beginning on a Sunday evening, firm attorneys researched the key issues, provided informal counsel via telephone and, by mid-day Monday, supplied talking points for the briefing. We precisely produced the work product needed and tailored to the circumstances within 18 hours. That experience is typical of our legal services and our work ethic. Ultimately, our indicator of success—for both individual tasks and for our representation more generally—is that our clients receive competent, sophisticated, thorough, and thoughtful legal advice in a timely and cost-effective manner. E. FEES Because most of the Firm’s clients are public entities, we are acutely sensitive to ensuring that our rates are competitive and can withstand intense public scrutiny. The Firm generally charges clients for our services on an hourly basis, based upon the seniority of the attorney. Our 2019 hourly rates range from $350 to $795, but we generally offer a reduction from those rates for our public sector clients. The Firm is prepared to offer the City a substantial discount on hourly rates, as reflected in the following table: Attorney Published 2019 Hourly Rates Discounted City Rate for 2019 Sarah M. Rockwell 690 465 Stephen H. Kaplan 690 465 Bill Silberstein 590 465 Brent E. Butzin 620 465 Hanna R. Gustafsson 380 350 Heather J. Haney 435 395 Page 73 of 178 Kaplan Kirsch & Rockwell LLP Response to Request for Qualifications 19-003 – Legal Services 10 We understand that no increase in the fees or costs shall be allowed during the engagement. We are willing to hold our fees to the schedule above until the end of 2020 and ask for a consideration of a modest rate increase thereafter. Page 6 of the RFQ, letter E requests that we estimate the fees and expenses for the services broken down by the tasks listed on Page 4. At this stage, given the limited information provided about the services listed in A, C, D, and E or the required or the tasks underlying those services, it would be difficult to provide meaningful estimates for those services listed in of the fees and expenses for the services. However, we are very familiar with the need for public entities to have meaningful estimates for the costs of outside legal services and are happy to provide more detailed estimates once we have a more detailed understanding of the services that will be required. With regard to B, evaluation of City Charter limitations pertaining to City and EEF real property transactions, we estimate that that evaluation, including review of the City Charter, discussions with City staff, and a written memorandum would cost between $3,000 and $6,000. The RFQ asks how documents will be scanned and reviewed. Since majority of the Firm’s clients are public entities, we are thoughtful in ensuring that our work is efficient and cost-effective. The Firm closely monitors and limits direct expenses. We do not charge for normal in -office printing or scanning of routine documents. We also do not charge for normal in-office long distance telephone charges (except conference calls, which are charged at actual cost). Out-of-pocket costs such as travel, outside copying, and printing services are charged at our actual cost without mark- up or administrative charges. We do not charge for administrative or secretarial work, word processing, time accounting, or office supplies. We are familiar with and will comply with local requirements on reimbursable expenses and understand the need to ensure that expenses be appropriate to the representation of a public entity. Page 74 of 178 Kaplan Kirsch & Rockwell LLP Response to Request for Qualifications 19-003 – Legal Services 11 F. REFERENCES We offer the following references below and are willing to provide additional references upon request: City of Denver (National Western Project) Jennifer Welborn Assistant City Attorney City Attorney’s Office City and County of Denver Tel: 720.913.3252 jennifer.welborn@denvergov.org D4 Urban (Alameda Station Project) Chris Waggett CEO D4 Urban LLC 595 South Broadway, Suite 200, Denver, CO 80209 Tel: 303.551.9599 cwaggett@d4urban.com University of Colorado Boulder (Hotel and Convention Center Project) Derek Silva Executive Director, Real Estate Services University of Colorado 1540 30th Street, RL2, Rm 105, Boulder, CO 80309 Tel: 303.492.6883 Derek.Silva@Colorado.EDU City of Denver (61st and Peña TOD Project) Kirsten Crawford Legislative Counsel City Attorney’s Office City and County of Denver Tel: 720.865.8759 Kirsten.crawford@denvergov.org Page 75 of 178 RESUMES Page 76 of 178 Kaplan Kirsch & Rockwell LLP Response to Request for Qualifications 19-003 – Legal Services Sarah M. Rockwell Sarah Rockwell’s practice emphasizes land use, real estate, and public and private sector negotiations. Sarah has practiced in both Colorado and California, representing both public and private sector clients in land use, real estate, entitlement, and municipal law issues associated with small- and large-scale development projects, including transit-oriented development projects, airports and residential, industrial, and commercial development projects. Sarah currently advises clients on real estate and land use issues associated with transit-oriented development projects. She has prepared, negotiated, and implemented agreements related to a variety of public/private sector development projects. Sarah also has advised several airport clients on land use compatibility issues associated with land adjacent to the airports and counseled both public and private entities on the preparation of habitat conservation plans under the federal Endangered Species Act and other endangered species issues. Additionally, she has served as an expert witness in arbitration and court proceedings involving land use and zoning issues. Representative Experience Broadway Station (former Gates Site) Redevelopment, Denver, Colorado Advise owner of the former Gates site in Denver, Colorado regarding land use, entitlement, zoning, and public finance issues associated with new mixed use community at I-25 and Broadway Peña Station, City and County of Denver, Colorado Represent the City and County of Denver on a public-private partnership in connection with the Peña Station area transit- oriented development project, including negotiations with adjacent landowners, agreements related to $50 million infrastructure financing, and real estate issues Alameda Station, Denver, Colorado Represent developer of the Alameda Station transit-oriented development project in negotiating, drafting, and finalizing agreements with the Regional Transportation District and other parties associated with the purchase of property from RTD and development of a new transit plaza and associated private development Federal Center Station Neighborhood, Lakewood, Colorado Represent the City of Lakewood related to discussions with the General Services Administration regarding property acquisition and development issues Senior Care Facilities Advise development of senior care facilities on real estate and entitlement issues associated with development of senior care projects Partner Denver Office 303.825.7000 srockwell@kaplankirsch.com Areas of Practice Intergovernmental Agreements Land Use and Zoning Multi-Modal Transportation Facilities Planning and Development Project Development Public Meetings, Open Records, and Participation in the Public Process Public-Private Partnerships Real Estate Development and Transactions Transit-Oriented Development Endangered Species Education J.D., Boston University, 1985 Master’s in City Planning, Massachusetts Institute of Technology, 1985 B.A., Stanford University, 1980 Bar Admissions Colorado California Page 77 of 178 Kaplan Kirsch & Rockwell LLP Response to Request for Qualifications 19-003 – Legal Services The Orchard Town Center, Westminster, Colorado Represented the developer of the Orchard Town Center in preparing master development agreement, entitlement documents, and other agreements with the City associated with the Orchard Town Center development The Meadows, Castle Rock, Colorado Advise owner of The Meadows project regarding habitat conservation planning issues associated with project Professional and Civic Activities / Awards - Downtown Denver Partnership Management Group (2009–Present) - Denver Civic Ventures (2006–Present); current Vice Chair - Best Lawyers® Summer Business Edition for Land Use & Zoning Law (2018) - Member, Colorado ULI Executive Committee (2017) - Colorado Women's Chamber of Commerce, Top 25 Most Powerful Women in Denver (2017) - Best Lawyers in America® for Land Use & Zoning Law (2007–2019) - Super Lawyers® for Land Use & Zoning Law; Real Estate Law (2006, 2008–2018) - Chambers USA, Real Estate: Zoning/Land Use – Band 1 (2005–2018) - Best Lawyers® Land Use & Zoning “Lawyer of the Year” award for Denver (2011, 2018) - 5280’s Top Lawyer for Government Relations/Contracts/Lobbying Law (2015, 2019) - Board of Directors, Winter Park Recreational Association (October 2012–September 2017; President, October 2016–September 2017) - ULI Community Development Product Council (2014–2015) - Regional Advisory Board, Rocky Mountain Land Use Institute (2004–Present) - Board of Directors, Lowry Redevelopment Authority (Chair, August 2012–August 2013; Member, 1997–August 2013) - Chair, Downtown Denver Partnership Housing Policy Task Force (2010, 2014) - Member of Expert Roundtable on Affordable Housing and Transit organized by the U.S. Department of Housing and Urban Development (HUD) and the U.S. Department of Transportation (DOT) (2010) - City and County of Denver Infrastructure Priorities Task Force/City Facilities Subcommittee (2006) - Former Board Member, Colorado Preservation, Inc. (2005–2008) - Former Board Member, Mile High Montessori Early Learning Centers (1995–2005) - Colorado ULI Technical Advisory Panels (University Hill, Boulder; Oak Street Station, Lakewood; 10th and Sheridan, Lakewood; Englewood CityCenter) Publications Denver Green Roofs Initiative 11.10.17 Sharing the Wealth from Airport Expansions April 1998 Page 78 of 178 Kaplan Kirsch & Rockwell LLP Response to Request for Qualifications 19-003 – Legal Services News 5280 Magazine Releases Top Lawyer Rankings, Firm Attorneys Included 5280 Magazine 01.02.19 Five Partners Named as Best Lawyers® for 2019, Two Selected as "Lawyers of the Year" Best Lawyers® 2019 08.15.18 Developer, City Have Big Plans for Former Gates Rubber Factory on South Broadway in Denver Denver7 06.07.18 Firm Client to Develop Over 40,000SF for Volkswagen Dealership 11.06.17 Denver City Tax Support to the Tune of $90 million Could Aid Gates Redevelopment at I-25 & Broadway The Denver Post 10.02.17 Sarah Rockwell Kicks Off New Dinner Program for ULI Colorado 09.12.17 Firm Client Helps with Building Ranch Community for Disabled The Littleton Independent 09.08.17 National Western Center Framework Agreement Headed for Final Approval 08.31.17 Sarah Rockwell Named as Denver’s “Land Use & Zoning Lawyer of the Year” by The Best Lawyers in America® for Second Time 08.16.17 The Best Lawyers in America® Announces Lawyer Rankings, Firm Attorneys Included Best Lawyers® 2018 08.15.17 Chambers USA Announces Legal Rankings, Firm Attorneys Included Chambers USA 2017 06.07.17 Colorado Women’s Chamber of Commerce lists Sarah Rockwell in Top 25 Most Powerful Women in Denver for 2017 01.13.17 The Best Lawyers in America® Announces Lawyer Rankings, Firm Attorneys Included 08.15.16 Chambers USA Announces Legal Rankings, Several Firm Attorneys Selected for Inclusion Chambers USA 2016 06.14.16 City of Lakewood Considers Acquisition of Acres of Land in Unusual Land-for-Construction Exchange The Denver Post and 9News October 2015 Firm Client Officially Closes Financing and Begins Construction on TOD Project 06.12.15 Chambers USA Releases Legal Rankings, Firm Partners Included Chambers USA 2015 06.08.15 Page 79 of 178 Kaplan Kirsch & Rockwell LLP Response to Request for Qualifications 19-003 – Legal Services Firm Attorneys Assist in Purchase Agreement for Familiar Site Law Week Colorado and The Denver Post Fall 2014 Chambers USA Announces Legal Rankings, Several Firm Attorneys Included Chambers USA 2014 06.09.14 Chambers USA Announces Legal Rankings, Three Partners Selected for Inclusion Chambers USA 2013 06.07.13 Attorneys Kaplan, Kirsch, Rockwell, and Potter Recognized as Super Lawyers for 2013 Super Lawyers 03.05.13 Chambers USA Announces Legal Rankings, Attorneys Included for 8th Consecutive Year Chambers USA 2012 06.11.12 U.S. DOT Awards RTD $280 Million Loan for EAGLE P3 Commuter Rail Project 12.02.11 Chambers USA Announces Legal Rankings, Two Founding Partners Included Again Chambers USA 2011 06.09.11 Sarah Rockwell and Lori Potter Named 2011 Colorado “Super Lawyers” and “Top 25 Women Lawyers in Colorado” Colorado Super Lawyers 2011 Sarah Rockwell Named as Denver’s “Land Use & Zoning Lawyer of the Year” by The Best Lawyers in America® 10.26.10 Chambers USA Announces Legal Rankings, Two Founding Partners Included Chambers USA 2010 06.10.10 Sarah Rockwell and Lori Potter Named 2010 Colorado “Super Lawyers” and “Top 25 Women Lawyers in Colorado” Colorado Super Lawyers 2010 Presentations Top 10 Things a Lawyer Wants to Tell a New Construction Project Manager 11.07.18 Sarah Rockwell, Polly Jessen Guest Lecture on Construction Project Management 02.15.18 Crafting Development Agreements that are Win Wins for Municipalities and Developers 01.04.18 Development Agreements Between Municipalities and Private Parties 12.19.17 Crafting Development Agreements that are Win Wins for Municipalities and Developers 01.04.17 Page 80 of 178 Kaplan Kirsch & Rockwell LLP Response to Request for Qualifications 19-003 – Legal Services Development Agreements: Special Considerations for Public Entities 07.27.16 Planned Unit Developments: The Ups and Downs of Custom Zoning 12.11.14 Certainty in Uncertain Economic Times: Do Plans Make Sense Anymore? 03.13.14 Land Use Ethics 03.08.13 Affordable Housing and Transit-Oriented Development 03.04.11 Special Use Reviews 12.01.05 Structuring Multi-Phased Development Projects 05.13.04 A Practical Guide to Successful Land Use Approvals Developer/Citizen Negotiation and Agreements Airports: Balancing Economic Development and Community Interest The ESA and Regulatory Takings Page 81 of 178 Kaplan Kirsch & Rockwell LLP Response to Request for Qualifications 19-003 – Legal Services Stephen H. Kaplan Throughout his professional career, Steve Kaplan has participated in the negotiation of complicated public-private partnerships from several different perspectives: as a client, as counsel to a municipality, and as a representative of the United States government. Steve specifically focuses on public-private partnerships in the redevelopment of publicly owned property and the structuring of such redevelopment projects involving public financing for infrastructure. He also is actively working on major transit-oriented development projects and with airports interested in airport-related commercial development, both on- and off- airport. Steve was the General Counsel of the United States Department of Transportation from 1993 through 1995, with responsibility for advising and representing the Department and its various agencies, including—among others—the Federal Aviation Administration, the Federal Transit Administration, and the Federal Highway Administration. Steve also served for seven years as the City Attorney of Denver, Colorado. He was actively involved in negotiations which led to the development of Denver International Airport, the Colorado Convention Center, and the governance structure and financing for Denver’s Major League Baseball stadium. Representative Experience Redevelopment of the Former Gates Rubber Company Site, Denver, Colorado Represent master developer in environmental due diligence, negotiation of environmental insurance coverage, voluntary cleanup plans, professional service and construction contracting, and infrastructure funding agreements Convention Center Hotel, Denver, Colorado Represented the Denver Convention Center Hotel Authority to finance, build, and operate the 1,100 room Hyatt Convention Center Hotel Central I-70 / Colorado Department of Transportation, Denver, Colorado Represent the Colorado Department of Transportation in the procurement of an availability payment P3 project for the Central 70 project Regional Transportation District (RTD), Denver, Colorado Represented RTD in structuring, negotiating and implementing a $2 billion public-private partnership for two corridors of FasTracks, a light rail and commuter rail program (the first public -private transit/rail program successfully undertaken in the United States); part of the legal team representing RTD on the EAGLE P3 project for the East Corridor commuter rail line to DIA, the Gold Line and the Maintenance Facility; negotiated with two railroads for the acquisition of corridor right-of-way Partner Denver Office 303.825.7000 C 303.885.4042 skaplan@kaplankirsch.com Areas of Practice Government & Public Policy Multi-Modal Transportation Facilities Real Estate, Land Use, and Zoning Education J.D., Harvard Law School, 1973 A.B., cum laude, Harvard College, 1969 Bar Admissions Colorado Oklahoma Resources P3 Airport Projects: An Introduction for Airport Lawyers (Second Edition) P3 Airport Projects: An Introduction for Airport Lawyers Page 82 of 178 Kaplan Kirsch & Rockwell LLP Response to Request for Qualifications 19-003 – Legal Services Airport, Transit, Highway Projects Served as strategic advisor and counsel to several private and public entities on transportation and infrastructure matters. Projects include transit-oriented development, highway matters, and representing airports on matters ranging from airport revenue diversion, privatization issues, and P3 terminal projects and commercial development both on and off-airport Professional and Civic Activities / Awards – Board of Directors and former President, Colorado I Have a Dream Foundation – Best Lawyers® Land Use & Zoning “Lawyer of the Year” award for Denver (2017, 2019) – Member, Transportation and Mobility Committee – Denver GO Bonds (2017) – 5280’s Top Lawyer for Government Relations/Contracts/Lobbying Law (2015–2017, 2019) – Best Lawyers in America® for Land Use & Zoning Law (2007–2014, 2017–2019) – Super Lawyers® for Land Use/Zoning Law; Real Estate Law; Transportation/Maritime Law (2006– 2018) – Co-Chair, Denver Zoning Code Task Force (2006–2011) – Chambers USA, Real Estate: Zoning/Land Use – Band 1 (2005–2018) – Denver Public Schools Citizens’ Bond Committee (2003) – Vice Chair, National Civil Aviation Review Commission (Mineta Commission) (1997) – Airports Council International Award for Outstanding Leadership (1996) – FAA Award for Extraordinary Achievement (1995) – Board of Directors, Children’s Museum – Board Member, Denver Zoo – Denver Union Station Project Authority Board – Member, Mayor's Development Advisory Group – Former Member, SafeHouse Denver Publications Evaluating P3 Airport Projects: An Introduction for Airport Lawyers (Second Edition) July 2018 Evaluating Airport P3 Projects: An Introduction for Airport Lawyers May 2017 Reference Guide: Entities that Construct, Fund and Operate Selected Public Facilities and Projects in the Denver Metropolitan Area November 2014 Managing the Risks of Environmental Contamination in Redevelopment Projects December 2013 News 5280 Magazine Releases Top Lawyer Rankings, Firm Attorneys Included 5280 Magazine 01.02.19 Page 83 of 178 Kaplan Kirsch & Rockwell LLP Response to Request for Qualifications 19-003 – Legal Services Five Partners Named as Best Lawyers® for 2019, Two Selected as "Lawyers of the Year" Best Lawyers® 2019 08.15.18 Developer, City Have Big Plans for Former Gates Rubber Factory on South Broadway in Denver Denver7 06.07.18 National News Coverage of Privately Funded Terminal in Suburban Seattle 04.24.18 Central 70 Project Reaches Commercial Close 12.04.17 Denver City Tax Support to the Tune of $90 million Could Aid Gates Redevelopment at I-25 & Broadway The Denver Post 10.02.17 National Western Center Framework Agreement Headed for Final Approval 08.31.17 The Best Lawyers in America® Announces Lawyer Rankings, Firm Attorneys Included Best Lawyers® 2018 08.15.17 Chambers USA Announces Legal Rankings, Firm Attorneys Included Chambers USA 2017 06.07.17 Kaplan Kirsch & Rockwell Announces Publication of Airport P3 Paper May 2017 The Best Lawyers in America® Announces Lawyer Rankings, Firm Attorneys Included 08.15.16 Chambers USA Announces Legal Rankings, Several Firm Attorneys Selected for Inclusion Chambers USA 2016 06.14.16 City of Lakewood Considers Acquisition of Acres of Land in Unusual Land-for-Construction Exchange The Denver Post and 9News October 2015 Firm Client Officially Closes Financing and Begins Construction on TOD Project 06.12.15 Chambers USA Releases Legal Rankings, Firm Partners Included Chambers USA 2015 06.08.15 Kaplan Kirsch & Rockwell Announces Publication of Reference Guide November 2014 Firm Attorneys Assist in Purchase Agreement for Familiar Site Law Week Colorado and The Denver Post Fall 2014 Chambers USA Announces Legal Rankings, Several Firm Attorneys Included Chambers USA 2014 06.09.14 Chambers USA Announces Legal Rankings, Three Partners Selected for Inclusion Chambers USA 2013 06.07.13 Page 84 of 178 Kaplan Kirsch & Rockwell LLP Response to Request for Qualifications 19-003 – Legal Services Attorneys Kaplan, Kirsch, Rockwell, and Potter Recognized as Super Lawyers for 2013 Super Lawyers 03.05.13 Chambers USA Announces Legal Rankings, Attorneys Included for 8th Consecutive Year Chambers USA 2012 06.11.12 U.S. DOT Awards RTD $280 Million Loan for EAGLE P3 Commuter Rail Project 12.02.11 Steve Kaplan Named as Denver’s “Land Use & Zoning Lawyer of the Year” Best Lawyers 10.04.11 Chambers USA Announces Legal Rankings, Two Founding Partners Included Again Chambers USA 2011 06.09.11 Chambers USA Announces Legal Rankings, Two Founding Partners Included Chambers USA 2010 06.10.10 LAND USE: Putting The Pieces Together Law Week Colorado 11.23.09 Presentations Structuring Multi-Phased Development Projects 04.22.05 Structuring Multi-Phased Development Projects 05.13.04 The Brownfields Revolving Loan Fund Experiences 2002 Page 85 of 178 Kaplan Kirsch & Rockwell LLP Response to Request for Qualifications 19-003 – Legal Services Bill Silberstein Bill Silberstein represents clients in a wide variety of real estate developments, purchases, sales, leasing, and financing transactions for ski resorts, office buildings, hotel properties, retail shopping centers, ranches, and rural recreational properties throughout the Rocky Mountain states. He has served as developers’ counsel for many brownfield developments and transit- oriented developments. In his 30 years of experience, Bill has also built a land conservation practice that has a national reputation for excellence. He has represented landowners and conservation organizations in hundreds of conservation easement transactions and in more than 30 IRS audits of conservation easements. Bill helped the Forbes family create a conservation easement for its ranch in the San Luis Valley. More than 80,000 acres were included in the easement, the largest in Colorado at that time. The breadth of his practice allows Bill to assist property owners who are pursuing either development or preservation objectives. He helps clients achieve an appropriate balance between development and conservation that is sensitive to economic development in the region and quality of life that is so important to the regional economy. Representative Experience Peña Station, Denver, Colorado Represented the City and County of Denver on a public-private partnership in connection with the Peña Station area transit- oriented development (TOD) project, including negotiations with adjacent landowners, agreements related to $50 million infrastructure financing, and real estate issues Redevelopment of the Former Gates Rubber Company Site, Denver, Colorado Represented master developer in purchase contract negotiations, acquisition due diligence, acquisition, and development Englewood CityCenter, Colorado Represented the developer of the retail component of this transit- oriented development and adaptive reuse that includes apartments, condominiums, the municipal office building, and light rail station East Fork Ranch, Pagosa Springs, Colorado Represented the owner in a multi-year, multiple phase land conservation project resulting in the sale of several conservation easements and the preservation of a significant National Forest in- holding previously permitted for a ski area and golf course Forbes Trinchera Ranch, near La Veta Pass, Colorado Represented the Forbes family in the creation of an 80,000-acre conservation easement, the largest in Colorado Partner Denver Office 303.825.7000 bsilberstein@kaplankirsch.com Areas of Practice Brownfields Conservation Easements Land Use and Zoning Military Base Closure and Redevelopment Project Development Real Estate Development and Transactions Real Estate, Land Use, and Zoning Litigation Education J.D., University of Colorado Law School, 1980 B.A., University of Colorado Boulder, 1975 Bar Admissions Colorado Page 86 of 178 Kaplan Kirsch & Rockwell LLP Response to Request for Qualifications 19-003 – Legal Services Lincoln Station, Douglas County, Colorado Represented the developer of this transit-oriented development that includes office buildings, light rail station, and shared transit parking Navajo Headwaters Ranch, near San Juan Mountains, Colorado Represented the private landowners in a multiple phase land conservation project, including both gift and bargain-sale conservation easements, federal and state incentives, reciprocal use agreements , and corporate and debt related issues, leading to the preservation of this magnificent landscape along the Navajo River Pine Cliff Ranch, Douglas County, Colorado Represented Colorado Open Lands in a multiple year transaction, accepting a conveyance from the historic ranching family and sale to a conservation buyer with a conservation easement in place Professional and Civic Activities / Awards - Colorado Open Space Alliance Blue Grama Award for Outstanding Achievement by an Individual (2016) - Land Trust Alliance (Conservation Defense Committee 2011–Present; Conservation Defense Council 2011–Present) - Dean, Advanced Legal Topics in Land Conservation Law Symposia (2009–Present) - Super Lawyers® for Environmental Law; Real Estate Law (2006 –2009, 2011–2012) - Pro bono Counsel, Colorado Coalition of Land Trusts (1992–Present) Publications Conservation Law Alert – Conservation Legislation Victory for CO 06.05.18 Conservation Law Alert – Changes to Conservation Easement Tax Credits and Incentives 07.08.16 Brownfields Law Alert – Colorado Brownfields Tax Credits, Asbestos-in-Soil Updates 01.12.15 Conservation Law Alert – Tax Updates and Conservation Easement Amendments January 2014 Managing the Risks of Environmental Contamination in Redevelopment Projects December 2013 Conservation Easement Update 01.10.13 Landlords, Tenants and LEED® . . . What a Long, Strange Trip It’s Been 2011 Conservation Easements: Preserving Your Land for Future Generations 2010 Developing a LEED® Certified Workspace: 10 Lessons Learned 2010 Renewable Energy and Energy Efficiency Incentive Programs 2010 Easement Audits in Colorado: What Can We Learn from Them? Summer 2007 Page 87 of 178 Kaplan Kirsch & Rockwell LLP Response to Request for Qualifications 19-003 – Legal Services Open Space Chapter 16 Environmental Regulation of Colorado Real Property, Stephen A. Bain, ed., Bradford Publishing 2007 Land Trust Ethics Winter 2004 News Developer, City Have Big Plans for Former Gates Rubber Factory on South Broadway in Denver Denver7 06.07.18 Kaplan Kirsch & Rockwell Represents New Owner of Lincoln Park Superfund Site 03.11.18 National Western Center Framework Agreement Headed for Final Approval 08.31.17 Recent Op-ed Focuses on Importance of Conservation Tax Credit Program The Denver Post 02.02.17 Bill Silberstein Receives Award for Outstanding Achievement for Protecting Open Space 09.12.16 Firm Attorneys Assist with the Acquisition and Preservation of Property in Southern Colorado Fox21 News 07.12.15 Firm Client Announces Success with Additional Phase of Conservation Easement 05.26.15 Major Working Ranch Conservation Easement Protects Vital Sage Grouse Habitat in NW Colorado Colorado Cattlemen’s Agricultural Land Trust 01.14.15 Firm Attorneys Assist in Purchase Agreement for Familiar Site Law Week Colorado and The Denver Post Fall 2014 Review of Conservation Credit Better Aligned With Colorado Agency Expertise and Cap on Colorado Income Tax Credits Tax Management Inc., a Subsidiary of the Bureau of National Affairs, Inc. 06.21.13 Bill Silberstein Quoted in Tax Management Inc. 06.21.13 U.S. DOT Awards RTD $280 Million Loan for EAGLE P3 Commuter Rail Project 12.02.11 Presentations Tax Issues in Conservation Easements; Decades of Experience in 90 Minutes 10.12.18 Advanced Appraisals Essentials 02.06.18 Colorado Tax Credit Update 03.23.17 Page 88 of 178 Kaplan Kirsch & Rockwell LLP Response to Request for Qualifications 19-003 – Legal Services Putting Humpty Dumpty Together Again: A Case Study of Fixing Orphan Conservation Easements 03.22.17 How to Get a Colorado Tax Credit 03.15.16 Amendment Essentials 03.02.16 25 Years of Land Conservation: Looking Backward and Forward 03.01.16 Appraisal Essentials 02.11.16 Incorporating the Value of Ecosystem Services in Legal Decision-Making 02.04.16 Conservation Easements: Basics and New Developments in 2015 11.12.15 Incorporating the Value of Ecosystem Services in Legal Decision-Making 06.12.15 Risk Assessment and Problem Solving for Conservation Easement Modifications 09.18.14 Amending Conservation Easements – The 2014 Approach 03.17.14 Drafting for Perpetuity and Principled Conservation Easement Modification 02.06.14 What Tax Court Decisions Mean for Conservation Easement Transactions March 2013 Tax Treatment of Conservation Easements: Navigating the Changes 11.16.12 Understanding the IRS Conservation Easement Audit Guide 10.02.12 Drafting to Avoid Deduction Challenges June 2012 Translating Tax Court and IRS Decisions to Conservation Practice March 2012 Mitigating Oil and Gas Impacts on Urban and Rural Landscapes 2012 IRS, Tax Court and Difficult Tax Questions 02.07.11 Internal Revenue Service: A Discussion on Recent Case Law: Recent Court Decisions on Conservation Easements 2011 Tales of the Battle with the Internal Revenue Service 2010 Page 89 of 178 Kaplan Kirsch & Rockwell LLP Response to Request for Qualifications 19-003 – Legal Services Brent E. Butzin Brent Butzin’s practice focuses on the structuring, financing, and delivery of complex projects involving multiple parties. He has experience advising public agencies and project developers in connection with the procurement, construction, financing, and operations and maintenance of a variety of infrastructure and development projects. His past work has involved transportation, real estate, joint development, and value capture projects. Brent’s expertise includes advising on the use of public-private partnerships (P3 / PPP) and related alternative project delivery methods, including design-build contracting. Brent served as general counsel to the High Performance Transportation Enterprise (HPTE), a government-owned business and division of the Colorado Department of Transportation (CDOT) and the office responsible for pursuing public-private partnerships and other innovative means of project finance and delivery. As general counsel, Brent provided legal advice on a broad array of matters, including project procurement and delivery, public-private partnership structuring, intergovernmental agreements, real property transactions, project financings, and ongoing administration. Previously, he advised commercial and residential developers and citizen groups on the organization and structuring of taxing districts, improvement districts, and other special purpose entities to support public infrastructure development. From 2008 to 2010, Brent worked as a City Management Advisor for the U.S. State Department based in Iraq, where he served as a senior advisor to mayors and district councils on the delivery of infrastructure projects and the development of local governa nce capacity. Brent is also a licensed Professional Engineer. Representative Experience Current P3 Representation Central 70 Project, Denver, Colorado Represented CDOT, HPTE, and the Colorado Bridge Enterprise on the procurement of a $1.2 billion availability payment DBFOM P3 for the reconstruction of I-70 through Denver, acting as the primary commercial and legal contact for the authorities. Currently representing CDOT on construction period P3 contract administration issues and claims negotiations. Partner Denver Office 303.825.7000 bbutzin@kaplankirsch.com Areas of Practice Construction Intergovernmental Agreements Land Use and Zoning P3 and Project Delivery Project Development Public Financing Structures for Infrastructure Public Procurement Rail, Transit, Highways, and Infrastructure Real Estate Development and Transactions Education J.D., University of Denver Sturm College of Law, 2008 M.S., University of Colorado, 2005 B.EnvD. and B.S., University of Colorado, 2003 Bar and Court Admissions Colorado U.S. District Court for the District of Colorado Page 90 of 178 Kaplan Kirsch & Rockwell LLP Response to Request for Qualifications 19-003 – Legal Services National Western Center “Triangle” Project, City and County of Denver Represent the City of Denver’s Performance Based Infrastructure (PBI) (P3) Office and the Office of the National Western Center on the structuring and procurement of the 62-acre “Triangle” DBFOM P3 project, which will include the construction of a 10,000 seat arena, an expo hall, renovation of a historic 1909 building into a public market and community center, and significant structured parking assets. The project is likely to be structured as a hybrid availability payment and market rate real estate development revenue-risk P3. The “Triangle” is part of the City’s larger expansion and redevelopment of the National Western Stock Show into a new, 270-acre, state-of-the art multipurpose campus. O’Hare Express System, City of Chicago and Chicago Infrastructure Trust Currently representing the City of Chicago and the Chicago Infrastructure Trust on the O’Hare Express System Project to bring express transportation service between Downtown Chicago and O’Hare International Airport. The P3 project scope contemplates that the private partner, The Boring Company, will design, construct, finance, operate, and maintain the project with no City funding provided. Southern Nevada Supplemental Airport, Clark County, Nevada Currently advising Clark County on the structuring and development of the Southern Nevada Supplemental Airport project proposed to be located in the Ivanpah Valley, south of Las Vegas. Northwest Water Treatment Facility, City of Wichita Currently advising the City of Wichita on the procurement of a new water treatment facility through a design-build-operate-maintain project delivery structure, including the negotiation of an EPA WIFIA loan to finance the project. Campus Hotel and Convention Center Project, University of Colorado Boulde r Advising the Regents of the University of Colorado on the development of an on campus hotel and conference center through a public-private partnership, including transaction structuring, negotiations with private partners, and development of transaction documentation. Other Current and Recent Representations Mount Vernon Viaduct Reconstruction, San Bernardino County Transportation Authority Currently representing SBCTA on the procurement to replace the aging Mount Vernon Viaduct, which spans the largest intermodal rail yard in California’s Inland Empire. The technically challenging project will incorporate P3 risk allocation provisions and other contracting best practices into California design - build contracting. We are advising on the development of this customized document, as well as the overall approach to procurement to ensure technical and financial competition. Colorado Department of Transportation Headquarters Facilities, Colorado Advised CDOT on the financing, acquisition, and entitlement of property from the Metropolitan Football Stadium District for the construction of a new state headquarters building, including negotiation of a shared use parking agreement with the Denver Broncos. Advised on the disposition of the existing state and regional headquarters properties to the City and County of Denver for a proposed mixed-use affordable housing development. C-470 Express Lanes Project, Douglas County, Colorado Represented CDOT and HPTE on the design-build procurement and financing for the 11.2 mile, $325 million C-470 Express Lanes project, including the issuance of $157 million in senior toll revenue bonds and a $104 million TIFIA loan U.S. 36 Managed Lanes Concession Project, Boulder, Colorado Represented HPTE on matters related to the ongoing administration of the U.S. 36 Managed Lanes P3 toll revenue concession Page 91 of 178 Kaplan Kirsch & Rockwell LLP Response to Request for Qualifications 19-003 – Legal Services I-70 Mountain Express Lane Project, Clear Creek County, Colorado Represented HPTE on matters related to the development and financing of a peak-period-only, shoulder- running, tolled managed lane on the congested I-70 mountain corridor I-25 North Express Lanes, Colorado Represented CDOT and HPTE on matters related to the planning, financing, and construction of new managed lanes on several segments on I-25 along Colorado’s Front Range, including from U.S. 36 to the E-470 beltway, and from Johnstown to Fort Collins Other Real Estate Development Representation - Represented a private developer on the financing and construction of pub lic infrastructure to support a 166-acre, 900,000-square-foot retail and mixed-use residential project - Represented a private developer on the financing and development of public infrastructure to facilitate the redevelopment of a 77-acre former oil facility into a mixed-use project, including 250,000 square feet of commercial space and up to 900 residential units - Represented a private developer on the infill redevelopment of a former mall sire, including the organization of a special taxing district to finance public infrastructure Professional and Civic Activities / Awards - Founding Member, Denver YIMBY (2017–Present) - Colorado and Denver Bar Association, Government Counsel Section (2013–Present) - Community Forester, The Park People, Denver Digs Trees Program (2012–Present) - Lecturer, UC Denver College of Architecture and Planning (2011) - Rocky Mountain Land Use Institute Award for Excellence in Land Use Law (2008) Publications Evaluating P3 Airport Projects: An Introduction for Airport Lawyers (Second Edition) July 2018 The Effects of Transportation Regulation on the Transborder Metropolitan Areas of the U.S.-Mexico Border Region: NAFTA and the Mexican Truck Plan – Where Do We Go From Here? 2007 News Counsel Brent Butzin Interviewed on Colorado Transportation Project Funding Inframation News 06.04.18 Federal District Court Denies Injunctions, Dismisses Core Claims Against Central 70 Project 04.04.18 Presentations Diversifying the P3 Project Team 07.20.18 Public-Private Partnerships 03.29.18 Page 92 of 178 Kaplan Kirsch & Rockwell LLP Response to Request for Qualifications 19-003 – Legal Services Managing P3 Contracts: Contract Disputes on the Ground September 2017 The Effects of Failed/Bankrupt Subdivisions and How Special Districts Can Help September 2013 Page 93 of 178 Kaplan Kirsch & Rockwell LLP Response to Request for Qualifications 19-003 – Legal Services Hanna R. Gustafsson Hanna Gustafsson’s practice focuses on land use, real estate, and contaminated property redevelopment. Hanna advises and represents clients on land use, entitlement, and regulatory matters associated with projects ranging in size from a single building to multi-block developments, including mixed-use, commercial, and industrial projects. Hanna was previously an attorney with a large international law firm in New York, where she represented private and nonprofit sector clients in land use entitlem ent processes, in air rights transactions, and with municipal law issues. Prior to law school, Hanna was an Urban Fellow with the New York City Department of Transportation, where she worked on initiatives to create public plazas in areas with limited access to green space. Representative Experience – Served as lead land use associate in connection with a planned 2.4-million-square-foot project including over 2,000 units of market-rate and affordable housing, commercial uses, and public recreational space – Represented client developer in negotiations with a state entity regarding the redevelopment of an underutilized waterfront property for commercial use – Advised client developer on land use matters related to mixed-use waterfront development comprising multiple phases of development and a total of over 5,000 residential units spread across 22 acres of land – Represented client in the purchase of government-owned property and air rights to facilitate new commercial construction – Prepared applications and represented clients before municipal agencies for various land use approvals, including rezonings, special permits, and variances – Represented clients in the redevelopment of privately owned public plazas Professional and Civic Activities - Member, New York City Bar Association, Housing and Urban Development Committee (2013–2015) - Member, Urban Green Council, Building Resiliency Task Force (2013) - Student Director, Ludwig Center for Community and Economic Development, Yale Law School (2010–2012) Associate Denver Office 303.825.7000 hgustafsson@kaplankirsch.com Areas of Practice Environmental Due Diligence Land Use and Zoning Real Estate Development and Transactions Site Cleanup and Compliance Education J.D., Yale Law School, 2012 B.A., magna cum laude, Yale University, 2007 Bar Admissions Colorado New York Page 94 of 178 Kaplan Kirsch & Rockwell LLP Response to Request for Qualifications 19-003 – Legal Services Publications “Developing the Sustainable City: Curitiba, Brazil, as a Case Study” Co-Authored with Elizabeth Kelly June 2016 The Active Design Guidelines: Promoting Physical Activity and Health in Design Contributor 2010 News Kaplan Kirsch & Rockwell Represents New Owner of Lincoln Park Superfund Site 03.11.18 Page 95 of 178 Kaplan Kirsch & Rockwell LLP Response to Request for Qualifications 19-003 – Legal Services Heather J. Haney Heather Haney’s practice focuses on land use, real estate, and public and private financing. She represents developers and investors in all phases of the acquisition, development, and financing of renewable energy projects, including wind, biomass, and solar facilities. She practices in Colorado and California and advises clients on real estate, land use, finance, and regulatory compliance. Heather was previously an attorney with a large international law firm, serving both as an associate and as the firm's Clean Technology Program Manager, providing market analysis and strategic advice with respect to renewable energy, corporate sustainability, energy efficiency, smart grid, clean transportation, water, and energy storage. Prior to law school, Heather was an environmental consultant in San Diego, where she represented both public and private entities in the preparation of environmental impact reports, habit conservation plans, and other technical documents in accordance with related federal and state environmental laws and regulations. Representative Experience Alameda Station, Denver, Colorado Represent developer of the Alameda Station TOD project in negotiating, drafting, and finalizing agreements with the Regional Transportation District and other parties associated with the purchase of property from RTD and development of a new transit plaza and associated private development Central I-70 / Colorado Department of Transportation, Denver, Colorado Represent the Colorado Department of Transportation in the procurement of an availability payment P3 project for the Central 70 project Convention Center Hotel, Denver, Colorado Represent the Denver Convention Center Hotel Authority to finance, build, and operate the 1,100 room Hyatt Convention Center Hotel Peña Station, City and County of Denver, Colorado Represent the City and County of Denver on a public-private partnership in connection with the Peña Station area transit- oriented development (TOD) project, including negotiations with adjacent landowners, agreements related to $50 million infrastructure financing, and real estate issues Associate Denver Office 303.825.7000 hhaney@kaplankirsch.com Areas of Practice Conservation Easements Land Use and Zoning Project Acquisition and Divestiture Project Development Public Financing Structures for Infrastructure Public-Private Partnerships Real Estate Development and Transactions Transit-Oriented Development Education J.D., University of California - Berkeley, 2011 MES, summa cum laude, University of Pennsylvania, 2002 B.A., summa cum laude, University of Pennsylvania, 2001 Bar Admissions Colorado California Page 96 of 178 Kaplan Kirsch & Rockwell LLP Response to Request for Qualifications 19-003 – Legal Services Navajo Headwaters Ranch, near San Juan Mountains, Colorado Represented the private landowners in a multiple phase land conservation project, including both gift and bargain-sale conservation easements, federal and state incentives, reciprocal use agreements, and corporate and debt related issues, leading to the preservation of this magnificent landscape along the Navajo River Professional and Civic Activities / Awards - Super Lawyers® "Rising Star" for Real Estate Law (2018) - Board of Directors, Colorado Rugby (2015) - Co-Chair - Cleantech and Climate Change Committee, ABA Section of Science & Technology (2012–2015) - University of California, Berkeley Law, Cleantech Law Certificate and an Environmental Law Certificate (2011) - Executive Editor for the California Law Review and External Relations Editor, Berkeley Technology Law Journal (2009–2011) - Recipient, National Science Foundation Research Grant (2000) - University of Pennsylvania, Philomathean Society, Master of the Halls (oldest literary society in the United States) (1999–2001) Publications Conservation Law Alert – Conservation Legislation Victory for CO 06.05.18 Conservation Law Alert – Changes to Conservation Easement Tax Credits and Incentives 07.08.16 New Corporate Forms: One Viable Solution to Advancing Environmental Sustainability Spring 2012 Implementing SB 375: Promises and Pitfalls June 2010 News Central 70 Project Reaches Commercial Close 12.04.17 Kaplan Kirsch & Rockwell Welcomes New Associates Heather Haney, Nate Hunt, and Nick Clabbers Summer 2015 Presentations Tax Issues in Conservation Easements; Decades of Experience in 90 Minutes 10.12.18 Flexible Purpose Corporations: The Future of Sustainable Capitalism April 2011 Page 97 of 178 MARKETING MATERIALS Page 98 of 178 Page 99 of 178 Page 100 of 178 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Maria DAndrea DEPARTMENT: Public Works DATE: January 6, 2020 SUBJECT: Vehicle Purchase: Traffic Engineering & Operations Division Vehicles DESCRIPTION: Vehicle Purchase: Traffic Engineering & Operations Division Vehicles RECOMMENDATION: Staff recommends approving a resolution to purchase two (2) Dodge articulating bucket trucks, under the terms of the Sourcewell Contract #012418-ALT with Altec Industries, Inc., at a total cost of $257,116.00. SUMMARY: Staff is proposing to utilize the Sourcewell contract #012418-ALT with Altec Industries, Inc. to purchase two (2) Dodge articulating bucket trucks to replace two (2) existing bucket trucks used by the Public Works Department Traffic Division. The Sourcewell contract went into effect on March 14, 2018 and is valid until March 14, 2022. The contract allows for the purchase of vehicles by member government agencies. The city's Procurement Policy allows for the use of collaborative purchasing agreements. Each unit costs $128,558.00 for a total cost of $257,116.00. $1,456,234.00 is available in the Capital Equipment Replacement Fund (CERF) to replace these vehicles. ANALYSIS: The City accounts for the replacement of capital equipment and vehicles in its Capital Equipment Replacement Fund (CERF). Equipment replacement is based on its average useful life. The 2019 & 2020 budgets include funding for the planned replacement of various vehicles including these two in the Public Works Department. The Sourcewell contract went into effect on March 14, 2018 and is valid until March 14, 2022. The contract allows for the purchase of vehicles by member government agencies. The city's Procurement Policy allows for the use of collaborative purchasing agreements. FINANCIAL IMPLICATIONS: The table below shows the budgeted costs, by vehicle, along with the respective actual cost. CERF budgeted costs are estimated so there is typically some overages as well as some savings for individual vehicles. Also, interest accrues and is available for variations between budgeted and actual costs. The current CERF fund balance is $3,269,487. Page 101 of 178 Unit # Vehicle to be Replaced Purchase Year Expected Life of Vehicle Planned Replacement Year Budgeted Replacement Cost Actual Replacement Cost Budget Less Cost 3059 2009 GMC C4500 2009 10 yrs. 2019 $111,368.46 $128,558.00 ($17,189.54) 3060 2009 GMC C4500 2009 10 yrs. 2020 $111,368.46 $128,558.00 ($17,189.54) Total $257,116.00 $222,736.92 ($34,379.08) $7,100.00 of the additional cost is associated with an upgrade to a 4 x 4 chassis in each vehicle ($3,550 apiece). This cost since it is an upgrade and not accounted for in the CERF accrual, will be paid for by the Traffic Division. The remainder ($34,379.08 less $7,100.00) of $27,279.08 will be paid for by excess funds in the CERF account. ALTERNATIVES: The alternative is to solicit bids from vendors for the purchase of these vehicles. CONCLUSION: Staff recommends purchasing two Dodge articulating bucket trucks utilizing the Sourcewell contract with Altec Industries, Inc. at a total cost of $257,116.00. ATTACHMENTS: Resolution Contract Approval Summary Vehcle Quote Sourcewell Contract & attachments Page 102 of 178 1/2 RESOLUTION NO. _____ SERIES OF 2020 A RESOLUTION AWARDING A CONTRACT FOR THE PURCHASE OF TWO DODGE BUCKET TRUCKS FROM ALTEC INDUSTRIES, INC. UNDER THE TERMS OF THE SOURCEWELL/NJPA COOPERATIVE PURCHASING AGREEMENT WHEREAS, Section 4-1-3-1(C) of the Englewood Municipal Code 2000 allows for the purchase of commodities, supplies and equipment under any general bid or purchase contract of the United States Government, State of Colorado or other governmental jurisdiction at the prices, terms and conditions contained therein, when, in the opinion of the City Manager, the prices available to the City through such agreement are deemed to be the lowest and best price available to the City; WHEREAS, the City of Englewood Public Works Department requires the replacement of two bucket trucks, scheduled for replacement in 2020, and has determined that the replacement of these vehicles will best meet the needs of the Public Works, Traffic Division; WHEREAS, the City, as a municipality, has the opportunity to take advantage of the pricing offered under the Sourcewell/NJPA Cooperative Purchase Agreement #012418-ATL, which allows local jurisdictions to take advantage of the pricing structure negotiated through the cooperative bidding process; WHEREAS, the funds for this purchase would come from the Public Works 2019 Capital Equipment Replacement Fund (CERF), 62-1001-61402, in the amount of $257,116.00; and WHEREAS, the cost of each of the bucket truck under the Cooperative Agreement is $128,280.00 each. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The Englewood City Council hereby authorizes the purchase of two Dodge Bucket Trucks, from Altec Industries, Inc. in lieu of the internal competitive bid process, by using the Sourcewell/NJPA Cooperative Purchase Agreement #012418-ATL for a purchase in the total amount of $257,116, as set forth in the Altec Industries, Inc. quote, attached hereto. ADOPTED AND APPROVED this 6th day of January, 2020. Linda Olson, Mayor ATTEST: __________________________________ Stephanie Carlile, City Clerk Page 103 of 178 2/2 I, Stephanie Carlile, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. _____, Series of 2020. ______________________________ Stephanie Carlile, City Clerk Page 104 of 178 Contract Approval Summary V10/25/2017 Page | 1 Contact Identification Information (to be completed by the City Clerk) ID number: Authorizing Resolution/Ordinance: Recording Information: City Contact Information Staff Contact Person: Steve Ortega Phone: 303-762-2535 Title: Maintenance & Operations Manager Email: sortega@englewoodco.gov Vendor Contact Information Vendor Name: Altec Industries, Inc. Vendor Contact: Brooklyn Russell Vendor Address: 641 Telluride Street Vendor Phone: (270) 505-1691 City: Aurora Vendor Email: Brooklynrussell@altec.com State: Colorado Zip Code: 80011 Contract Type Contract Type:Intergovernmental Agreement Description of ‘Other’ Contract Type: Description of Contract Work/Services: Attachments: ☒Contract -- ☐Original ☒Copy ☐Addendum(s) ☐Exhibit(s) ☐Certificate of Insurance Summary of Terms: Start Date: November 2019 End Date: January 2020 Total Years of Term: 1 Total Amount of Contract for term (or estimated amount if based on item pricing): $257,116.00 If Amended: Original Amount $ Amendment Amount $ Total as Amended: $ Renewal options available: Payment terms (please describe terms or attach schedule if based on deliverables): Payment upon delivery of vehicles Attachments: ☐Copy of original Contract if this is an amendment ☒Copies of related Contracts/Conveyances/Documents Purchase and delivery of two (2) Dodge 4x4 bucket trucks using Sourcewell Contract #012418-ALT Page 105 of 178 Contract Approval Summary V10/25/2017 Page | 2 Source of funds (Insert Excel Document Image): Attachment (For Capital Items Only / Expense Line Item Detail is Located in Open Gov): ☐Prior Month-End Project Status and Fund Balance Report Process for Choosing Vendor: ☐Bid: ☐ Bid Evaluation Summary attached ☐ Bid Response of proposed awardee ☐RFP: ☐ RFP Evaluation Summary attached ☐ RFP Response of proposed awardee ☐Quotes: Copy of Quotes attached ☐Sole Source: Explain Need below ☒Other: Please describe CAPITAL ONLY A B C 1 = A-B-C Capital Operating Year Tyler / New World Project # / Task#Fund Division Object Line Item Description Budget Spent to Date Contract Amount Budget Remaining -$ -$ C 2019 62 1001 61402 Vehicles CERF 1,499,609.04$ 612,485.73$ 125,008.00$ 762,115.31$ O 02 1004 61401 Vehicles -$ -$ 3,550.00$ (3,550.00)$ -$ Total by Fund - 2019 1,499,609.04$ 612,485.73$ 128,558.00$ 758,565.31$ C 2020 62 1001 61402 Vehicles CERF 2,200,987.00$ -$ 125,008.00$ 2,075,979.00$ 02 1004 61401 Vehicles -$ -$ 3,550.00$ (3,550.00)$ Total by Fund - 2019 & 2020 2,200,987.00$ -$ 128,558.00$ 2,072,429.00$ Grand Total 3,700,596.04$ 612,485.73$ 257,116.00$ 2,830,994.31$ NOTES (if needed): For Operating Expense Line Item Detail, please review information provided in OpenGov. For Capital items, please review Attachment - Prior Month Project Status and Fund Balance Report CAPITAL & OPERATING EXPENSE City is a member of SourceWell/NJPA. Quotes were obtained through the Sourcewell selected vendor, Altec Inustries. Page 106 of 178 Opportunity Number:127078 Quotation Number:566306 Sourcewell Contract #:012418-ALT Date:10/29/2019 REFERENCE ALTEC MODEL Articulating Telescopic Aerial Device (Insulated)$102,639 (A.) 1 AT37G-US40 40' Boom Height (AT40-G) MUST quote ISO boom option $2,192 2 AT37G-ISO ISO boom - MUST QUOTE for 40' boom height (n/a on base model)$3,858 3 4 (A1.) 1 PSWI PURE SINE WAVE INVERTER.2000 Watts Continuous. GFCI Outlet $2,551 2 CH Cone Holder, Fold Over Post Style $277 3 SPOT3 FOUR (4) POINT STROBE SYSTEM (LED)$561 4 RL COMPARTMENT LIGHTS in Body Compartments - Rope LED $888 5 SPOT6 Remote Spot Light, LED, Permanent Mount, With Programmable Wireless Remote $709 6 SPOT6 Remote Spot Light, LED, Permanent Mount, With Programmable Wireless Remote $709 7 VCAM Backup Camera System $835 8 SOURCEWELL OPTIONS TOTAL:$115,219 (B.) 1 UNIT Custom two-man platform, cover, liner ILO Stock Platform $6,259 2 UNIT & HYDRAULIC ACC 3 BODY 4 BODY & CHASSIS ACC Rear cable steps and grab handles $964 5 ELECTRICAL 6 FINISHING 7 CHASSIS 2020 Dodge 5500 Crew Cab ILO Stock Chassis $3,838 8 OTHER OPEN MARKET OPTIONS TOTAL:$11,061 SUB-TOTAL FOR UNIT/BODY/CHASSIS:$126,280 Delivery to Customer:$2,278 TOTAL FOR UNIT/BODY/CHASSIS:$128,558 (C.) 1 CHASSIS 2020 Dodge 4x4 ILO 4x2 $3,550 2 3 4 Altec Industries, Inc. SOURCEWELL OPTIONS ON CONTRACT (Unit) SOURCEWELL OPTIONS ON CONTRACT (General) OPEN MARKET ITEMS (Customer Requested) ADDITIONAL ITEMS (items are not included in total above) AT37G Quoted for: City of Englewood Customer Contact: Phone: / Email: **Pricing valid for 45 days** NOTES PAINT COLOR: White to match chassis, unless otherwise specified Quoted by: Brooklyn Russell Altec Account Manager: Ryan Reider Phone: (270) 505-1691 / Email: brooklyn.russell@altec.com BUILD LOCATION: Elizabethtown, KY WARRANTY: Standard Altec Warranty for Aerials and Derricks - One (1) year parts warranty One (1) year labor warranty Ninety (90) days warranty for travel charges (Mobile Service) Limited Lifetime Structural Warranty. Chassis to include standard warranty, per the manufacturer. TRADE-IN: Equipment trades must be received in operational condition (as initial inspection) and DOT compliant at the time of pick-up. Failure to comply with these requirements, may result in customer bill-back repairs. CHASSIS: Per Altec Commercial Standard DELIVERY: No later than __360-390___ days ARO, FOB Customer Location TERMS: Net 30 days BEST VALUE: Altec boasts the following "Best Value" features: Altec ISO Grip Controls for Extra Protection, Only Lifetime Warranty on Structural Components in Industry, Largest Service Network in Industry (Domestic and Overseas), Altec SENTRY Web/CD Based Training, Dedicated/Direct Gov't Sales Manager, In-Service Training with Every Order. TO ORDER: To order, please contact the Altec Account Manager listed above. AT40G Sourcewell 566306.xlsx Page 107 of 178 FORM E CONTRACTACCEPTANCEAND AWARD (Top portion of this form will be completed by NJPA it the vendor is awarded a contract.The vendor should complete the vendor authorized signatures as part of the RFP response) NJPA Contract #1 O124l8—ALT Proposer's full legal name:Altec Industries,Inc. Based on NJPA's evaluation at your proposal,you have been awarded a contract.As an awarded vendor.you agree to provide the products and services contained in your proposal and to meet all of the terms and conditions set forth in this RFP,in any amendments to this RFP,and in any exceptions that are accepted by NJPA. The effective date of the Contract will be March l4,2018 and will expire on March 14,2022 (no later than the later of four years from the expiration date of the currently awarded contract or four years from the date that the NJPA Chief Procurement Officer awards the Contract)‘This Contract may be extended for ca fifth year at NJPA's discretion. NJPA Authorixed Signatures: Jeremy Schwartz .l>r—RA.'l\/ECON ‘Lg (N-’:.ivtTPi:ll~il'r—DOR ii’Pl'Dl l 3 sloNAt_m2l=__,\ NJT A ‘iii?\iC>t\Qt C,. AND i’ROC'Ul<EI\At:i\‘i/ Chad Coauette mr-A EXECU'llVEDlRECTOl</CEO SIGNATURE ll~lAMtVRINTLL)OK It |’tL'~] Awarded on March 12.2018 NJPA Contract #012418-ALT Vendor Authorized Signatures: The Vendor hereby accepts this Contract award,including all accepted exceptions and amendments. Vendor Name Altec Industries.Inc Contract SpecialistAuthorizedSignatory‘:Title %V__V"~‘£/Riley Browne Hi_!“1tIE[i 5l(,'-N~’~Ti lF‘I (l»l/xi-/ii,i‘i.llJT[D C R TYTKED]\’tt‘JLi.f‘l:?‘A Executed on _March 12 _,20$NJPA Contract it 012418-ALT Page 108 of 178 Page 109 of 178 Page 110 of 178 FORME CONTRACTACCEPTANCEAND AWARD (Top portion of this form will be completed by NJPA it the vendor is awarded a contract.The vendor should complete the vendor authorized signatures as part at the RFPresponse.) NJPA Contract #:Ol 2418-ALT Proposer's full legal name:Altec lndustries.lnc. Based on NJPA’s evaluation of your proposal,you have been awarded a contract.As an awarded vendor,you agree to provide the products and services contained in your proposal and to meet all at the termsand conditions set torth in this RFP,in any amendments to this RFP,and in any exceptions that are accepted by NJPA. The effective date of the Contract will be March l4.20l8 and willexpire on March 14.2022 (no later than the later of four years from the expiration date of the currently awarded contract or four years from the date that the NJPA Chief Procurement Officer awards the Contract).This Contract may be extended for a fifth year at NJPA‘s discretion. NJ PA AuthorizedSignatures: Jeremy Schwartz (l~l.Iz.lv\t'-l?.*ll~liH.)<:::>r~2it‘P2*1:3; Chad Coauette mt¥*/rs.mrvr;Dreecrowceo Sl(.T§;l‘«».l;~.TLJl%?tTl {image l"‘i€llul”il:lf)<:..>is2li'l*’L*l1f_.il Awarded on March l2.20l8 NJPA Contract #Ol24l8-ALT -.n..-—~—..—...-...a.....-.—-....--u- Vendor AuthorizedSignatures: The Vendor hereby accepts this Contract award,including all accepted exceptions and amendments. Altec Industries.IncVendorName W Authorized Slgnatory's Title C°”t’a°t Specie“ Riley Browne mm "v‘t:l*».ll;r~<i’T.'_ji‘ei-rim?ll :~;a<.;~N Ml rrrr (N A Mr mi 41tit»<.:»r2"l‘r'l‘=‘t:or Executed on ________lyl_§_[_c__h___1_Z___,,20.1§.NJPA Contract #or24l8~ALT Page 111 of 178 Form F PROPOSER ASSURANCE OF COMPLIANCE Proposal Affidavit Signature Page PROPOSER’S AFFIDAVIT The undersigned,authorized representativeof the entity submitting the foregoing proposal (the “Proposer"’),swears that the following statements are true to the best of his or her knowledge. 1.The Proposer is submitting its proposal under its true and correct name,the Proposer has been properly originated and legally exists in good standing in its state of residence,the Proposer possesses,or will possess before delivering any products and related services,all applicable licenses necessary for such delivery to NJ PA members agencies.The undersigned affirms that he or she is authorizedto act on behalf of,and to legally bind the Proposer to the terms in this Contract. The Proposer,or any person representingthe Proposer,has not directly or indirectly entered into any agreement or arrangement with any other vendor or supplier,any official or employee of NJPA,or any person,firm,or corporation under contract with NJ PA,in an effort to influence the pricing,terms,or conditions relating to this RFP in any way that adversely affects the free and open competition for a Contract award under this RFP. The Proposer has examined and understandsthe terms,conditions,scope,contract opportunity,speci?cations request,and other documents in this solicitation and affirms that any and all exceptions have been noted in writing and have been included with the Proposer’s RFP response. The Proposer will,if awarded a Contract,provide to NJPA Members the /products and services in accordance with the terms,conditions,and scope of this RFP,with the Proposer-offered speci?cations,and with the other documents in this solicitation. The Proposer agrees to deliver products and services through valid contracts,purchase orders,or means that are acceptable to NJ PA Members.Unless otherwise agreed to,the Proposer must provide only new and first-quality products and related services to NJ PA Members under an awarded Contract. The Proposer will comply with all applicableprovisions of federal,state,and local laws,regulations,rules,and orders. The Proposer understands that NJPA will reject RFP proposals that are marked “confidential”(or “nonpublic,” etc.),either substantially or in their entirety.Under Minnesota Statute §l3.59l,Subd.4,all proposals are considered nonpublic data until the evaluation is complete and a Contract is awarded.At that point,proposals generally become public data.Minnesota Statute §l3.37 permits only certain narrowly de?ned data to be considereda “trade secret,”and thus nonpublic data under Minnesota’s Data Practices Act. The Proposer understandsthat it is the Proposer’s duty to protect information that it considersnonpublic, and it agrees to defend and indemnify NJ PA for reasonablemeasures that NJ PA takes to uphold such a data designation. [The rest of this page has been left intentionally blank.Signature page below] 39 Page 112 of 178 By signing below,Proposer is acknowledging that he or she has read,understands,and agrees to comply with the terms and conditionsspeci?ed above. Attoc Industries,lnc. Company Name:_%%& Address:210 InvemessCenterDrive City/State/Zip:3‘""‘"9'“"‘’“L ’352‘? Telephone Number:2°5'99"-"33 E-mail Address:mey'bmwne@§"°c'°°m T Authorized Signature: Notarized Subscribedand sworn to before me this I U‘/Kday of §6v~...,20 [-7 Notary Public in and for the County of s S . State of £(ct My commissionexpires:,“"l\~\3 Signature: %I 1 45AA’wt 54.1 *~«)NOTARYPUBUC 1 ’\STATEor ALABAMA‘A ,1 ??g ‘V ~M‘.347” 40 Page 113 of 178 Page 114 of 178 Page 115 of 178 Page 116 of 178 Page 117 of 178 Page 118 of 178 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Erik Sampson, Wade Burkholder DEPARTMENT: Community Development DATE: January 6, 2020 SUBJECT: CB 47 - Short Term Rental Ordinance DESCRIPTION: CB 47 - Short Term Rental Ordinance RECOMMENDATION: Staff recommends that pertaining to 16-2-6 Amendments to the Text of Title 16 (UDC, Unified Development Code), City Council review the recommendations of City Staff, the Planning and Zoning Commission, and hear testimony from the public on the proposed amendments to the Unified Development Code, Title 16, relating to Short Term Rentals (STR's) as follows: • Chapter 5, Section 1 (C) Use Regulations/Table of Allowed Uses in relation to Short Term Rentals o Add STR's as a visitor accommodation in residential and mixed-use zone districts; • Chapter 5, Section 6: Add STR regulations including Purpose, Eligibility, Application Procedures and Permitting Requirements, Operating Standards, Revocation of STR Permits, Enforcement, and Definitions. Immediately following the public hearing, City Council should begin discussion to approve, deny, or modify the proposed amendments and direct staff to bring forth an ordinance for First Reading on January 21st, 2020. PREVIOUS COUNCIL ACTION: City Council held two Study Sessions to discuss Short Term Rentals (STR). The first was held July 15, 2019 when staff presented the draft regulations and provided information on the Planning and Zoning Commission public hearing. w2019 second August held was The 26, regarding the information staff presented hen enforcement of STRs and discussed the potential of hiring a third-party monitoring and compliance company. City Council held a public hearing on Short Term Rentals on October 7, 2019 to receive public testimony. Subsequently, City Council held a first reading on October 21, 2019. At that meeting, City Council tabled the matter until such time as the Planning and Zoning Commission could review enforcement provisions, consider removal of the provision permitting short term Page 119 of 178 rentals in accessory dwelling units and to remove possible conflicts with other provisions of Title 16. SUMMARY: BACKGROUND AND ANALYSIS Short Term Rentals (STRs) are dwelling units, or a portion thereof, which are rented to guests nightly, weekly, or for a duration of less than 30 consecutive days. Over the past few years, it has become a popular practice nationwide for individuals to rent out rooms, condos, or entire houses for short durations to visitors and vacationers. STRs are common in areas where hotels are expensive or other quality lodging options do not exist. In response to this increasing popularity homeof -STR created have Front Range cities throughout many sharing, the ordinances as a way to better regulate the time, place, and manner of such uses and to provide a potential city to impacts adverse and means address effectively more to nuisances neighborhoods. The availability and popularity of STRs in Englewood have been on the rise in recent years, especially with the advent of home-sharing websites such as AirBnB, Turnkey, HomeAway, and several others. Due to the increasing popularity of STRs, the use and operation of residential dwelling units as lodging for temporary stays (especially within neighborhoods zoned for low- intensity residential uses) can potentially create impacts not anticipated by the City’s current zoning regulations. While the current Unified Development Code (UDC) regulates visitor accommodation uses such as bed and breakfast establishments, hotels, and extended stay hotels, there are no regulations which apply to STRs in residentially zoned districts. The recommended regulations to permit STRs to operate within the City, while establishing health and safety regulations aimed at limiting potential neighborhood impacts, are attached in Council Bill #47. It should be noted that under the current Englewood Municipal Code, STRs are defined as visitor accommodations and are not permitted in the following zone districts: R-1-A, R-1-B, R-1-C, R-2-A, R-2-B, MU-R-3-A, MU-R-3-B, MU-R-3-C, MU-B-1, MU-B-2. The proposed regulations would allow for STRs in all of those districts. Please note that currently, various visitor accommodation uses are permitted within the M-1, M-2, M-O-2, MU-B-2, and I-1 zone districts. Visitor accommodation uses are uses which permit stays of less than 30 days in duration. Finally, it should be noted that a Short Term Rental Ordinance would provide the City with the means to monitor and collect lodging taxes on lawfully established STR's. PLANNING AND ZONING COMMISSION On June 4, 2019, the Planning and Zoning Commission recommended, by a vote of 7-1, to forward the proposed language amendments to City Council with a favorable recommendation and the following Findings of Fact: • That Case No. 2017-03 was brought before the Planning & Zoning Commission at a Public Hearing by the City of Englewood Community Development Department on June 4, 2019; and Page 120 of 178 • At the June 4, 2019 Public Hearing, the Planning & Zoning Commission voted 7–1 to forward a favorable recommendation for adoption of the draft STR regulations to City Council; and • That notice of the Public Hearing was published in the Englewood Herald on May 22, 2019 and was posted on the City’s website May 22, 2019 through June 4, 2019; and • That the participants in the September 20, 2018 STR Open House and the April 2, 2019 STR Forum were notified of the Public Hearing directly by email; and • That the Planning and Zoning Commission held 14 study sessions on STR regulations since May of 2017, and an STR Open House was held on September 20, 2018, from which 21 surveys were collected and analyzed; and • That the proposed STR regulatory text amendments establish permitting and operating requirements for Short Term Rentals and identify the R-1-A, R-1-B, R-1-C, R-2-A, R-2-B, MU-R-3-A, MU-R-3-B, MU-R-3-C, M-1, M-2, MU-B-1, MU-B-2 zone districts as suitable for the operation of Short Term Rentals; and • That the proposed STR regulatory text amendments conform to the vision, goals, and objectives outlined in Englewood Forward: The 2016 Englewood Comprehensive Plan. On December 3, 2019 the Planning and Zoning Commission held a public hearing to discuss Short Term Rentals; more specifically the items City Council asked to have reviewed. By a vote of 7-0 the Commission voted to recommend the following language amendments to Council Bill 47: A. That the previously identified and practicing short term rentals be grandfathered, as has been the long term practice of the City. B. That Staff's recommendations be adopted, to include that a bed and breakfast use be synonymous with a short term rental. C. That Accessory Dwelling Units be permitted to be used as short term rentals. D. That the revised short term rental text amendments include the enforcement section agreed to by Community Development and the City Attorney's office and reviewed by the Planning and Zoning Commission. E. That City Council instruct Staff to send a letter of apology to everyone who received a cease and desist Notice of Violation (NOV) letter. The Findings of Fact from this Planning and Zoning Commission meeting are attached. A summary of the information found in Council Bill 47 is as follows: Allowed Zone Districts STRs would be allowed in the following Residential, Multi-Use, and Medical zone districts: Page 121 of 178 • R-1-A, R-1-B, R-1-C: Single Unit Residential • R-2-A, R-2-B: Low/Mid Density Single & Multi-Dwelling Residential • MU-R-3-A, MU-R-3-B,MU-R-3-C: Mixed Use Low/Medium Density Residential/Limited Office • M-1, M-2: Mixed Use Medical/Office/High Density Res./ Limited Retail STR Permit Requirements All STR permit applicants would be required to provide the following information to the City and meet the following requirements prior to being issued a STR Permit: • Application and Fee; • Proof of ownership (a signed and notarized affidavit); • Signed and notarized acknowledgement of property compliance with all City Codes and Ordinances, safety checklist, and an acknowledgement that the City has the right of inspection at any reasonable time; • Waiver of liability and indemnification of the City; • Certificate of insurance; • A scale floor plan of the STR, including all levels; • A scale plan for the property showing all parking areas; • Primary owner/manager contact information, including phone numbers and addresses (both physical and email); and • A valid State of Colorado Sales Tax License and City of Englewood Sales and Use Tax License, and an Englewood Lodging License. If an STR permit is approved, it would be valid for one year and subject to renewal on an annual basis. STR Operating Standards Once an operating permit is obtained, all STRs must adhere to specific operating requirements set forth in the STR Ordinance. These include: Page 122 of 178 • A residence used as a STR shall be the primary residence of the legal owner; • STR's shall not exceed two adults per bedroom and may not exceed a maximum of eight occupants; • STR's shall not be rented to more than one party under separate contracts; • Anyone who operates a STR shall be required to obtain an Englewood Lodging License and Englewood Sales and Use Tax License pursuant to Title 5, Chapter 30, of the EMC; • All STR's will be required to comply with all life safety, noise, and property maintenance requirements set forth in the approved Ordinance; and • STR’s would be required to provide one parking space per bedroom. STRs lacking a paved parking space in a driveway, garage, or carport would be limited to two on -street parking spaces which would not be allowed to be reserved for STR guests. Posting of Information within STRs The owner(s)/operator(s) shall post the following information inside the STR in a conspicuous location for any renters/lessees: • A copy of the regulations and requirements regarding Short Term Rental Operating Permits; • The name, address, and telephone numbers of the primary contact person, management company, or owner of the STR that can be reached on a twenty-four hour basis; • The maximum number of persons allowed to occupy the STR; • The maximum number of vehicles allowed to park on, or in front of, the STR property; • Information regarding trash/garbage storage and removal, recycling storage and removal, including the days and location of pick-up. Clearly defined garbage and recycling areas shall be provided; • The property address, including house number, street name and city; • A list of non-emergency numbers, including the non-emergency number of the police department; and • The location of all fire extinguishers and exits, including egress windows. Revocation of STR Permits Page 123 of 178 The proposed Ordinance will also grant the City the ability to revoke STR permits for properties found to be non-compliant with the STR Ordinance or in violation of other EMC regulations. STR permits may be revoked after three sustained violations of the following: • Violation of any term or condition of the operating permit, or for any violation of any provision set forth in this Chapter; • Violation of any provision of the Englewood Municipal Code, City Ordinance, or state law relating to the maintenance of the permitted property operating as an STR, or a failure to remain in compliance with all city or state sales tax regulations; • The existence of any condition, or performance of any act, which the City determines constitutes a nuisance or causes a condition endangering the health, safety and welfare of any individual(s), or damage to the STR dwelling unit identified by the operating permit, including damage caused by fire, flood, wind, or other natural disaster. STR Permits will also be terminated upon the sale of the property or if the property is transferred to another owner (STR permits are non-transferrable). STR permits will expire if the operator fails to obtain a renewal of the operating permit before its annual renewal date. If a permit has been revoked, there is a mandatory 18-month waiting period before a new STR Permit application may be submitted to the Community Development Department. Enforcement The City has entered into a contract with LodgingRevs to monitor and provide staff assistance with enforcement of Short Term Rentals and is actively sending notices of violation informing residents of the violation. Additionally, the City Attorney's Office and Community Development staff have developed specific enforcement language and procedures related specifically to short term rentals. The Planning and Zoning Commission has reviewed and recommends adoption of the language as presented below. The language is as follows and will be reflected within Council Bill 47 at First Reading should City Council direct its inclusion: F. Enforcement 1. Enforcement Officer. An Enforcement Officer shall be responsible for the enforcement of all provisions contained in this Chapter and is hereby authorized to undertake all investigations of violations of this Chapter, to issue notices and orders, to issue summons and complaints for prosecution in the Englewood Municipal Court, to bring any legal action in other courts of competent jurisdiction, and to take other measures as are necessary for the enforcement of the provisions of this Chapter, all in Conformance with Chapter 10 of this Title. If any conflicts exist between this section and Chapter 10 of this Title, the provisions of this section shall govern. 2. Right of Access/Inspection. Pursuant to terms of the Operating Permit, the Enforcement Officer has the right of access and entry upon any property operating as a STR with a valid STR operating permit, at any reasonable time, and upon reasonable suspicion, to make inquiry and inspection to determine if health or safety violations exist upon the property and in violation of any title of the Englewood Municipal Code. Page 124 of 178 The Enforcement Officer shall provide notice of the inspection to the owner(s) of the STR property. Such notice may be personally served upon the owner(s), or by posting the notice on the STR property, by mailing the notice to the owner(s) at their last known address, via U.S. Mail, postage prepaid, or by publication in a newspaper of general circulation. The Notice to Inspect shall be deemed served when personally served, posted upon the property, or upon three days from the date of mailing. The notice of inspection shall include the date and time that the notice was served, posted, or mailed, the date and time of the proposed inspection, a request that the owners(s) be present for the inspection, the name and contact information of the Enforcement Officer, and a specific statement as to each suspected violation. 3. Notice of Violation. a. Written notice shall be provided to the owner(s) of the STR premises operating pursuant to the STR Operating Permit, upon which exists a known or suspected violation of this Chapter. Such notice shall be served upon the owner(s) by posting such notice on the permitted STR property, by personally serving the notice to the owner(s), or by sending the notice certified, return receipt requested via US Mail, postage prepaid, to the last known address of the owner(s) b. The notice shall be deemed received immediately if directly communicated with the owner(s), or primary contact, through either personal notification or telephone call. Notice shall be deemed received seventy-two (72) hours after posting the property, publication in a newspaper of general circulation, or by certified mailing, return receipt requested, via US Postal Service, postage prepaid. c. All notices sent shall include the following information: i. The common address or legal description of the property upon which the STR is located; ii. A specific notice that the owner(s) of the property are in violation of any provision of the Englewood Municipal Code or this Chapter; iii. An administrative order directing the owner(s), or primary contact, of the property to correct the condition within five (5) days of the date of receipt of said notice, such compliance date to be clearly stated upon the face of the notice; iv. Notice that the administrative order may be appealed by complying with the procedures in Title 1, Chapter 10 of the Englewood Municipal Code; v. Notice that failure to comply with the administrative order shall result in the immediate revocation of the STR Operating Permit; vi. Notice that such violations may be subject to criminal prosecution, pursuant to Title 1, Chapter 4 of the Englewood Municipal Code 2000, in addition to any administrative action or order. d. Compliance Inspection. Within five (5) days following receipt of the administrative notice, the property owner or primary contact shall contact the Enforcement Officer seeking inspection of the property and a determination that the property is in compliance with the Code. The Page 125 of 178 Enforcement Officer is authorized to provide one (1) extension to the administrative notice of no more than five (5) days following an inspection of the property if the Enforcement Officer believes the property owner made a good faith but unsuccessful effort to correct the violations, and such violations may be successfully remediated if provided an additional five (5) days. 4. Summons and Complaint; Notice to Appear; Right to Proceed; Fines and Costs. a. If the owner or primary contact fails to schedule a time for the inspection within five (5) business days following service of an administrative notice, the Enforcement Officer may seek a search warrant for the inspection of the premises under the provisions of 1 -2A-4 of the Englewood Municipal Code. b. If the Enforcement Officer has made a determination that the property is not in compliance or the property owner has failed to request an inspection, the Enforcement Officer is authorized to issue to the owner(s) of the STR property a Summons and Complaint and notice to appear in the Englewood Municipal Court to answer to charges of a violation of this Chapter. c. Should any owner(s) of such property contest the charge, the City shall not be precluded from addressing the violations of this Chapter, or any other Title of the Englewood Municipal Code which are applicable to the STR, through administrative or civil action to bring the STR property into compliance with this Chapter or the Englewood Municipal Code, or any other applicable law or regulation. d. Any person found guilty, or by the entering of a plea of guilty or nolo contender, to any violation of this Chapter, or any other violation of the Englewood Municipal Code in association with an STR, shall be subject to the provisions of the General Penalty, E.M.C. 1-4-4, and shall be ordered to bring the property and/or violation into compliance before re-letting the property to any short term renters. e. Any person convicted of a violation of this Chapter or applicable Titles of the Englewood Municipal Code may be assessed a fine, court costs, and the costs associated with the services of the Notice and/or Summons and Complaint incurred by the City in association with the enforcement of this Chapter. 5. Revocation/Termination/Surrender of Operating Permit. a. Surrender. Operating Permits shall be deemed surrendered upon delivery to the City of written notice by the property owner(s), or representative, that a dwelling or property will no longer be used as a Short Term Rental. b. Termination. A termination of the Operating Permit occurs when the ownership of the property has been sold, assigned, or otherwise transferred to a new owner(s), or the current STR permit holder has failed to obtain a renewal of the operating permit on or before its annual renewal date. c. Revocation. Any STR Operating Permit may be revoked for cause or suspended by the Director of Community Development, or his/her designee, after written notice to the owner(s) for the following violations: Page 126 of 178 i. Violation of any term or condition of the operating permit, or for any violation of any provision set forth in this Chapter; ii. Violation of any provision of the Englewood Municipal Code, City Ordinance, or State law relating to the maintenance of the permitted property operating as an STR, or a failure to remain in compliance with all City or State sales tax regulations; iii. The existence of any condition, or performance of any act, which the City determines constitutes nuisance or causes a condition endangering the health, safety and welfare of any individuals(s), or damage to the STR dwelling unit identified by the operating permit, including damage caused by fire, flood, wind, or other natural disaster; and/or iv. After a third sustained violation of this Short Term Rental code, the Englewood Municipal Code, or applicable State or Federal law or regulation, has been administratively verified, the Director of Community Development, or his/her designee, shall revoke the STR operating permit for said violation. d. Denial/Temporary Denial. The Director of Community Development, or his/her designee, may deny or withhold the approval of a renewal of an annual operating permit if the property is in violation of any applicable title or chapter of the Englewood Municipal Code. e. Term of Revocation. The owner(s) of a STR operating permit that has been revoked for a violation shall not apply for another STR operating permit for a period of eighteen (18) months for any property. 6. Appeals. Any appeal of an administrative decision made by the Director of Community Development, or his/her designee, shall be subject to the process outlined in Title 1, Chapter 10 of the Englewood Municipal Code. Bed and Breakfast Uses - In order to address potential conflict between bed and breakfast uses and short term rentals, the Planning and Zoning Commission has recommended that the two uses be synonymous with one another. The two uses are nearly identical in terms of land use and it is recommended the same licensing provisions apply to both uses. Therefore, Council Bill 47 at First Reading would include changes to the definition of a Bed and Breakfast as well as a change to Section 16-5-1 Table of Allowed Uses changing the zone district permissions of Bed and Breakfast to match that of Short Term Rentals should City Council direct those changes be made. The current definition of Bed and Breakfast states; "A specific type of visitor accommodation use. A commercial establishment operated in an owner-occupied, one-unit dwelling unit, or portion thereof (including an accessory building), that provides short-term visitor lodging (generally stays of thirty (30) days or less), with or without the service of a morning meal only, and where the operator lives on the premises. No more than six (6) guests may be accommodated at any one time. See definition of "Visitor Accommodation". " The recommended definition of Bed and Breakfast states; "A Short Term Rental and specific type of visitor accommodation use. The nightly or weekly rental of a residential dwelling unit, or portion thereof (including an accessory building), ancillary to a primary living use, with or without the service of a morning meal and where the operator lives on premises, excluding hotels and Page 127 of 178 motels for less than thirty (30) days, including but not limited to, a single family dwelling, duplex, townhome, condominium, or similar dwelling. No more than eight (8) guests may be accommodated at any one time. Bed and Breakfast uses must comply with the regulations stated by EMC 16-5-6." Furthermore, note that the current definition of Bed and Breakfast and the recommend definition would permit said uses in an accessory building to include accessory dwelling units (ADU's). Currently there are no business licenses for a bed and breakfast use within Englewood. Conformance with Englewood Forward Goals and Objectives The STR code amendment is in conformance with the goals and objectives found in Englewood Forward: The 2016 Englewood Comprehensive Plan: Some of the specific objectives in the Comprehensive Plan include: Goal Live-1: Promote a balanced mix of housing opportunities serving the needs of current and future Englewood citizens. Objective Live-1.1: Allow for housing that meets the needs of all income groups, including appropriate type and location of housing. Objective Live-1.2: Allow for housing investments that improve the housing mix and serve different life cycle stages and groups with special needs in appropriate locations, including both smaller and larger unit sizes and a wider range of housing types, including single-family, duplex, townhome, condominium, multi-family, and accessory dwelling units. Goal Work-2: Build, attract, and retain a quality workforce. Objective Work-2.2: Create and maintain workforce housing meeting the needs of both employers and employees. ANALYSIS: The City's Unified Development Code (UDC) was adopted prior to the advent of short term rentals. While those provisions of the code detailing visitor accommodation can be understood to prohibit the existence of STRs within some zoning districts within the City, there are no regulations detailing health, safety and welfare standards for those STRs which may be operating lawfully. Amendments to the text of Title 16 are appropriate when "events, trends, or facts evident after adoption of the text of this Title have changed the character or condition of the community so as to make the proposed amendment inconsistent with the Comprehensive Plan, and the amendment is necessary to promote the public health, safety, or welfare of the community." EMC 16-2-6(F)(2). Additionally, EMC 16-2-6 provides that "whenever the public necessity, convenience, health, safety, general welfare, or appropriate zoning practice justifies an amendment to any section of this Title, and after the amendment has been submitted at a public hearing for consideration and Page 128 of 178 recommendation by the Commission, the Council may, after a public hearing on the proposed text amendment, change the text of this Title." FINANCIAL IMPLICATIONS: If approved, the Short Term Rental process would establish a permitting/registration system which city staff recommends being set at $150 per registration annually. Additionally, the operation of a short term rental would require the owner to obtain a State Sales Tax License, an Englewood Sales and Use Tax License, and Englewood Lodging License and would also require the collection and remittance of sales, use and lodging tax to the City. At this price point, the permit/registration fee would cover the City's financial cost of the third-party enforcement agency assisting with monitoring and enforcement activities. Additionally, each registered STR will collect both the sales and lodging tax rates on each rental sale transaction in the amount of 5.5% (lodging tax at 2% and sales tax at 3.5%). The registered STR is responsible for remitting use tax in the amount of 3.5% on purchases for the STR where the local sales tax paid is less than 3.5%. ATTACHMENTS: Council Bill #47 Planning and Zoning Commission Findings of Fact Planning and Zoning Commission Public Hearing Staff Report Affidavit and Checklist Draft Colorado STR Community Comparison Page 129 of 178 1 BY AUTHORITY ORDINANCE NO. ____ COUNCIL BILL NO. 47 SERIES OF 2019 INTRODUCED BY COUNCIL MEMBER _______________ AN ORDINANCE AMENDING TITLE 16, CHAPTER 5, SECTION 6 OF THE ENGLEWOOD MUNICIPAL CODE 2000, REGARDING ESTABLISHMENT OF A SHORT TERM RENTAL CODE, ALL WITHIN THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the City of Englewood (“Englewood” or “City”) is a homerule municipality organized under Article XX of the Colorado Constitution and with the authority of the Englewood Home Rule Charter; WHEREAS, Title 16 of the Englewood Municipal Code, Unified Development Code, sets forth the City’s zoning regulations and permitting requirements for the use of real property within Englewood; WHEREAS, the City Council desires to adopt a permit application process and fee for short- term rental properties to protect the health, safety and welfare of all properties and persons residing within the City; and WHEREAS, the Englewood City Council finds and declares that the amendments to the Englewood Municipal Code regarding short-term rentals as set forth herein are proper in light of the reasonable needs and desires of the City and in the promotion of the public health, safety, and welfare of the City’s residents and visitors. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. Amendment of Title 16, Chapter 11, Section 2(B). 16-5-6: Short Term Rentals. A. This Section shall be known and may be cited as the "Short Term Rental Code of the City of Englewood.” A Short Term Rental (STR) is an owner occupied residential dwelling unit that provides nightly or weekly rental of all or some portion of such dwelling unit, all in accordance with this Short Term Rental Code, and all other applicable laws and regulations. (See definitional section below). B. Zoning Districts. STR’s are allowed in the following zone districts: R-1-A, R-1-B, R-1-C, R-2-A, R-2-B, M-1, M-2, MU-R-3-A, MU-R-3-B, MU-R-3C, MU-B-1 and MU-B-2. C. Short Term Rental Application Procedures. All persons desiring to operate a STR shall complete the following application procedures. Page 130 of 178 2 1. Application Submittal Requirements. A completed application, including all appropriate documentation, must be submitted to the City of Englewood Community Development Department by the applicant. The application shall include the following documents: a. A completed Short Term Rental Registration form as provided by the Community Development Department. i. Application and Fee; ii. Proof of Ownership of the subject property by way of a signed and notarized “Proof of Residency and Ownership affidavit”; iii. Signed and notarized acknowledgement of property compliance with all City codes and ordinances, safety checklist, acknowledgement that the City has the right of inspection at any time and at any reasonable time; iv. Waiver of liability and indemnification of the City; v. Certificate of Insurance; vi. A scale floorplan of the STR, including all levels; vii. A scale plan for the property showing all parking areas; viii. Primary owner/manager contact information, including phone numbers, addresses, and email addresses; ix. A valid City of Englewood Lodging Sales Tax Certificate within 30 days from the approval of the application; x. A valid State of Colorado Sales Tax License; xi. A copy of the required Posting Notice as required in Section E of this Chapter; xii. All other documentation referred to within this Chapter. 2. City Review. Community Development Department staff will review the completed application and associated documentation as required by this Chapter within 30 days of receipt. Following the review and determination that the application is complete in all respects, the application and associated documentation shall be referred to all applicable City departments for review regarding conformance with all health and life safety regulations adopted by the City of Englewood. Within 60 days following the filing of the application, and at the conclusion of the City review, the applicant will be provided with a written determination regarding the STR operating permit. D. Standards for Short Term Rentals. All STR’s shall be subject to the following conditions: Page 131 of 178 3 1. STR Operating Permits. All STR’s must have a valid and current Operating Permit. a. Operating Permits shall be issued by the Community Development Department in accordance with this Chapter. b. The Operating Permit shall be signed by the owner(s) of the real property used as an STR, and be conspicuously posted within the STR. c. An Operating Permit shall be effective for twelve months, and shall go into effect upon the date of issuance, unless surrendered, suspended or revoked for cause. d. Operating Permits are not transferrable between owners or properties. 2. STR Operating Requirements. a. The STR shall be the legal responsibility of the legal owner(s) as set forth on the Application and Permit. b. A residence used as an STR shall be the primary residence of the legal owner(s). c. For parcels containing ADU’s the primary resident may obtain a STR permit for the main residence OR the ADU; both structures may not be permitted concurrently. d. An STR shall not exceed two (2) adults per bedroom. e. The maximum occupancy of an STR shall be eight (8) persons. f. No STR shall be located in any recreational vehicle, travel trailer, or temporary structure. g. No STR shall be rented to more than one party under separate contracts. h. During any rental period, the STR shall not be used for any other purpose (e.g. home-based business, temporary event, etc.) by the renter or owner other than for lodging purposes. i. An apartment complex comprised of rental units may not be utilized as an STR. 3. Regulatory Compliance. All STR’s shall meet the standards of all building, electrical, plumbing and fire codes adopted or amended by the City of Englewood. 4. Fees. Fees associated with the issuance of the Operating Permit and any other requirements of this Chapter, shall be established by action of the Englewood City Council, and set forth within the City’s Fee and Rate Schedule. Page 132 of 178 4 5. Lodging License. Any person who owns and operates an STR shall obtain a City of Englewood STR Lodging License, pursuant to Title 5, Chapter 30, as amended, of the Englewood Municipal Code 2000. 6. Taxes. Owners and operators of STR’s shall be subject to, and responsible for, all sales and lodging taxes as set forth under Title 4-4-4-1, Lodging Services of the Englewood Municipal Code. The requirements of EMC 4-4-4-1 are hereby deemed to incorporate and be applicable to all STR’s. Failure to collect and remit all applicable sales and lodging taxes at the City, State or Federal level is grounds for revocation of the Operating Permit. 7. Primary Local Contact. Each STR owner or operator shall designate a primary contact person. Such person shall be available on a twenty-four (24) hour basis, seven days per week, and be able to respond to any concerns from renters or City enforcement personnel. The Primary Contact may be the property owner(s) or another person employed by, authorized by, or engaged by the owner(s) to manage, rent or supervised the STR. The Primary Contact shall be able to respond to any concerns that may arise during any rental period of the STR, including the ability to access the STR in a timely manner. Contact information for the Primary Contact shall be provided as part of the application and permit approval process. If the Primary Contact is not the owner(s), the Primary Contact shall be a named individual and the following information shall be provided: cell and/or home phone number, mailing address, email address, and business address and business phone, if applicable. Any change(s) to the Primary Contact information shall be provided, in writing, to the Community Development Department, within ten (10) days of such change(s). 8. Life Safety. All STR’s shall contain the following: a minimum of one operable fire extinguisher per floor, operable carbon monoxide detectors in all rooms used for sleeping purposes, and operable smoke detectors on each floor of the STR. An STR with living or sleeping areas within a basement area shall be equipped with egress windows and other exit systems. 9. Noise. No person shall make, cause, permit or suffer any unreasonable noise from any STR that is audible beyond the property lines of the STR or in excess of the sound pressure limits set forth in 6-2-8 of this Code. 10. Property Maintenance. The STR property shall be properly maintained and free of loose, uncollected trash, garbage, and litter. The owner(s) or management company shall comply with all property codes of the City of Englewood. 11. Parking. All STR’s shall provide one parking space per bedroom. STR’s lacking a paved parking space in a driveway, garage, or carport shall be limited to two (2) on-street parking spaces located in front of the STR. These on-street locations shall Page 133 of 178 5 remain public and may not be reserved by the use of any signage. Any advertisements or listing of the STR shall provide the number of parking spaces available for use by the renter. 12. Signs. A permitted STR dwelling is permitted one (1) exterior sign, up to a maximum of one (1) square foot in area. The sign shall not be illuminated nor contain any animation. 13. Owner(s) Responsibility for Compliance. Compliance with the terms and conditions set forth in this Chapter shall be the responsibility of the legal owner(s) of the STR, as set forth on the application and Proof of Residency and Ownership Affidavit, and are non-delegable. Any violations of any term or condition of this Chapter are strictly the responsibility of the owner(s), and any summons and complaint served for any violation shall be served upon the owner(s) of the STR. 14. Limitation of Liability. The City of Englewood assumes no responsibility for the operation of the permitted STR property. The owner(s) shall sign a waiver and release of liability, acknowledging and agreeing to indemnify and hold harmless the City of Englewood from any and all negligent acts which may occur from the renting or operation of the STR. Such indemnification shall include defending the City from any claims arising from the use of the property as an STR. The Owner(s) shall further warrant and agree to compensate the City of Englewood for any expenses incurred in any defense of any lawsuit or other action associated with the renting or operation of the STR, and which is brought against the City. 15. Operating Permit Renewal. All STR permits shall be renewed through the Community Development Department on an annual basis. All renewals shall include an updated compliance and safety check report, and any updates to the information required under 16-5-6(C) (1) (A) (i-xii) along with the payment of all renewal and permit fees. E. Posting of Information. The owner(s)/operator(s) shall post the following information inside the STR in a conspicuous location for any renters/lessees: 1. A copy of the regulations and requirements regarding Short Term Rental Operating Permits; 2. The name, address, and telephone numbers of the primary contact person, management company, or owner of the STR that can be reached on a twenty-four hour basis; 3. The maximum number of persons allowed to occupy the STR; 4. The maximum number of vehicles allowed to park on, or in front of, the STR property; Page 134 of 178 6 5. Information regarding trash/garbage storage and removal, recycling storage and removal, including the days and location of pick-up. Clearly defined garbage and recycling areas shall be provided; 6. The property address, including house number, street name and city; 7. A list of non-emergency numbers, including the non-emergency number of the police department; 8. The location of all fire extinguishers and exits, including egress windows. F. Revocation/Termination/Surrender of Operating Permit. 1. Surrender. Operating Permits shall be deemed surrendered upon delivery to the City of written notice by the property owner(s), or representative, that a dwelling or property will no longer be used as Short Term Rental. 2. Termination. A termination of the Operating Permit occurs when the ownership of the property has been sold, assigned, or otherwise transferred to a new owner(s), or the current STR permit holder has failed to obtain a renewal of the operating permit on or before its annual renewal date. 3. Revocation. Any STR Operating Permit may be revoked for cause or suspended by the Director of Community Development, or his/her designee, after written notice to the owner(s) for the following violations: a. Violation of any term or condition of the operating permit, or for any violation of any provision set forth in this Chapter. b. Violation of any provision of the Englewood Municipal Code, City Ordinance, or State law relating to the maintenance of the permitted property operating as an STR, or a failure to remain in compliance with all City or State sales tax regulations. c. The existence of any condition, or performance of any act, which the City determines constitutes nuisance or causes a condition endangering the health, safety and welfare of any individual(s), or damage to the STR dwelling unit identified by the operating permit, including damage caused by fire, flood, wind, or other natural disaster. d. After a third sustained violation of this Short Term Rental code, the Englewood Municipal Code, or applicable State or Federal law or regulation, has been administratively verified, the Director of Community Development, or his/her designee, shall revoke the STR operating permit for said violation. 4. The Director of Community Development, or his/her designee, may deny or withhold the approval of a renewal of an annual operating permit if the property is in violation of any applicable title or chapter of the Englewood Municipal Code. Page 135 of 178 7 5. The owner(s) of an STR operating permit that has been revoked for a violation shall not apply for another STR operating permit for a period of eighteen (18) months for any property. G. Enforcement and Appeals. 1. Enforcement: Enforcement of this Code shall be in accordance with Chapter 10 of the Unified Development Code of the City of Englewood, 1) by or at the direction of the Department of Code Enforcement upon information provided by any City department or 2) through the Community Development Department. Additionally, the City Council may contract with an outside entity to provide enforcement of some or all provisions of this Code. Any conflicts between this Short Term Rental Code and Chapter 10 of the Unified Development Code shall be resolved in accordance with this Short Term Rental Code. 2. Appeals. Any appeal of an administrative decision made by the Director of Community Development, or his/her designee, shall be subject to the process outlined in Title 1, Chapter 10 of the Englewood Municipal Code. H. Definitions. The following definitions are applicable to this section: Applicant: The owner(s) of the real property for which a short term rental permit is sought. If a property has multiple owners, including joint ownership by spouses, all persons with an ownership interest must sign the application permit. ADU: An Accessory Dwelling Unit. Lot: A designated parcel, tract, or area of land established by plat, subdivision, or as otherwise permitted by law, to be used, developed, or built upon as a unit. If two, or more lots designated by plat, are combined to be built upon as a unit, the combined lots shall be understood to be a single lot for purposes of this Short Term Rental Code. Owner: The person(s) or entity listed on the title to the property as found on an Arapahoe County Deed of Record. Such persons are also the persons who sign the “Proof of Residency” affidavit. Permittee: The owner of the dwelling unit that has a valid STR operating permit. Primary Residence: Means a residence which is the usual place of return for housing as documented by at least two of the following documents: motor vehicle registration, Colorado driver’s licensed or Colorado identification card, voter registration, property tax notices, or utility bill. A person can only have one primary residence. Renter or Lessee: The party contracting to rent the STR for a term less than thirty (30) days. Short Term Rental (STR): The nightly or weekly rental of a residential dwelling unit, or portion thereof, ancillary to a primary living use, excluding hotels, motels, bed and breakfasts, for less than thirty (30) days, including but not limited to, a single family dwelling, duplex, townhome, Page 136 of 178 8 condominium, or similar dwelling. The term Short Term Rental also includes and applies to “vacation rentals”. Section 2. Amendment of Title 16, Chapter 5, Section 1(C). Title 16, Chapter 5, Section 1(C) of the Englewood Municipal Code shall be amended as follows: §16-5-1: - Table of Allowed Uses. C. Table of Allowed Uses. TABLE 16-5-1.1: TABLE OF ALLOWED USES P = PERMITTED USE C = CONDITIONAL USE A = ACCESSORY USE T= TEMPORARY USE L= LIMITED USE C-A = ACCESSORY USE APPROVED CONDITIONALLY L-A = ACCESSORY USE APPROVED WITH LIMITED USE PROCEDURE Use Category Use Type Residential Non-Residential Addition al Regulati ons R 1 A R 1 B R 1 C R 2 A R 2 B MU R 3 A MU R 3 B MU R 3 C M 1 M 2 — M O 2 M U B 1 M U B 2 T S A I 1 I 2 RESIDENTIAL USES Group Living Group living facility, large/special C C C C C P P 16-5- 2.A.1 Group living facility, small P P P P P P P P P P P P P 16-5- 2.A.1 Small treatment center C C C C C P P 16-5- 2.A.1 Household Living Live/work dwelling P P P P L L 16-5- 2.A.2 Manufactured home park P 16-5- 2.A.3 Multi-unit dwelling P P P P P P P P P P 16-5- 2.A.4 Page 137 of 178 9 16-6- 1.C.4 One-unit dwelling P P P P P P P P P P 16-5- 2.A.5 16-5- 2.A.6 One-unit dwelling on a small lot P P P P P P P P P P 16-5- 2.A.6 Boarding or rooming house C C C C C C C 16-5- 2.A.7 PUBLIC/INSTITUTIONAL USES Animal Shelter Not-for-profit animal shelter P P Emergency Temporary Shelter Housing shelter, food shelter C C Government and City All other buildings and facilities not specified under the public/institution al uses category P P P P P P P P P P P P P P P Library Public P P P P P Museum/Cultural All uses P P P P P P P Park and Open Space Athletic field C C C C C C C C C P P Community garden C C C C C C C C C C C Park P P P P P P P P P P P P P P P Page 138 of 178 10 Religious Assembly Religious institutions and associated accessory uses P P P P P P P P P P L L L L L School Education institution P P P P P P P P P P P P C Telecommunication Facility (See Chapter 16-7, "Telecommunication s," for applicable use-related guidelines and standards) Alternative tower structure P P P P P P P P P P P P P P P Antenna(micro wave antenna, sectorized panel antenna, whip antenna) P P P P P P P P P P P P P P P Tower structure C C C C C C C C C C C C C P P Transportation Facility RTD maintenance facility P P Transit center P Utility Facility(not including Telecommunication Facility) Major utility facility P P 16-5- 2.B.1 Minor utility facility (as a principal use of land) C C C C C C C C C C C C C C C COMMERCIAL USES Adult Use All types as defined in Chapter 16-11 P P 16-5- 2.C.1 Agricultural Use Greenhouse/ nursery, raising of plants, flowers, or nursery stock P P 16-5- 2.C.2 Page 139 of 178 11 Animal Sales and Service Animal shelter P P Kennel/day care L P P Pet store (live animal sale) P P P P P P Small animal veterinary hospital or clinic L L P C P P Assembly Assembly hall or auditorium, hall rental for meetings or social occasions P P P C P P Membership organization (excluding adult use) P P P C P P Dependent Care Dependent care center (less than 24-hour care,any age) C C C C C P P P P P P P C 16-5- 2.C.7 Entertainment/Amus ement: Indoor Amusement establishment C C C C C C Hookah lounge P P P P P Physical fitness center/spa P P P P P P Theater and performance/co ncert venue, not including adult entertainment P P P P P Page 140 of 178 12 Entertainment/ Amusement: Outdoor General outdoor recreation C C C Financial Institution Check cashing facility P P P P Financial institution, with drive-through service L P P Financial institution, without drive- through service P P P P P P Food and Beverage Service Brew Pub P P P P P P Caterer P P P P Restaurant, bar, tavern with or without outdoor operations P P P P P P Restaurant, with drive- through service L P P Sales Room (associated with Brewery, Distillery or Winery) C C C C C Take out and delivery only P P P Medical/Scientific Service Clinic P P P P P P P P P Hospital P P P P P P Page 141 of 178 13 Laboratory (dental, medical or optical) P P P P P P P P P P Medical Marijuana Medical marijuana center P P P P P 16-5- 2.C.13 16-5- 4.C.1.f Medical marijuana optional premises cultivation operation A A A P P 16-5- 2.C.13 16-5- 4.C.1.f Medical marijuana infused products manufacturer A A A P P 16-5- 2.C.13 16-5- 4.C.1.f Office Office, type 1 (general) P P P P P P P P P Office, type 2 (limited) P P P P P P P P P P 16-5- 2.C.8 Retail Sales and Service (Personal Service) Crematorium C Dry cleaner, drop-off site only P P P P P P Instructional service P P P P P Massage therapy P P P P P P P P Mortuary P P Personal care P P P P P P Page 142 of 178 14 Service: photography studio and photo lab, upholstery, printer, locksmith, tailor P P P P P P Tattoo and body-piercing establishment P P Temporary employment business C C 16-5- 2.C.11 Retail Sales and Service (Repair and Rental) Equipment rental L P P Repair shop (not including auto) P P P P P P Retail Sales and Service (Sales) Antique store P P P P P P Art gallery P P P P P P Auction house P P P Buy-back, second-hand, thrift, consignment stores, large P P P P Buy-back, second-hand, thrift, consignment stores, small P P P P P Convenience store P P P P P Page 143 of 178 15 Grocery/special ty food store P P P P P P Internet sales location P P P P Liquor store P P P P P P Pawnbroker P P 16-5- 2.C.10 Retail sales, general merchandise P P P P/ C P P For TSA, P if ≤ 20,000 sq. ft., C if > 20,000 sq. ft. of gross leasable floor area School Trade or business school P P P C P P 16-5- 2.C.12 Studio Radio/television broadcasting studio, recording/film studio P P P P Vehicle and Equipment Automobile pawnbroker P P P 16-5- 2.C.10 Automotive sales, rental L P P 16-5- 2.C.3 Automotive service and repair, including body or fender work P P 16-5- 2.C.4 Automotive service and repair, not L P P 16-5- 2.C.4 Page 144 of 178 16 including body or fender work Automotive service station (gasoline facility) L P P 16-5- 2.C.5 Car wash, auto detailing L L L 16-5- 2.C.6 16-5- 2.C.4 Commercial storage of operable vehicles P P 16-5- 2.C.3 Fuel dispensing L P P Parking facility, structure (operable vehicles), principal use C C C C L L C P P 16-5- 2.C.3 16-5- 2.C.9 Parking area, surface (operable vehicles), principal use C C C C L L C P P 16-5- 2.C.9 16-5- 2.C.3 Recreational vehicles and boats, sales or rental L P P Visitor Accommodation Bed and breakfast P P P Hotel P P P P P Hotel, extended stay P P P Page 145 of 178 17 Short Term Rental P P P P P P P P P P P P 16-5-6 Wholesale Sales and distribution P P MANUFACTURING/INDUSTRIAL USES Industrial Service Industrial service, light C P P 16-5- 2.D.3 (TSA only) Industrial service, heavy P Manufacturing, Including Processing, Fabrication, or Assembly Brewery C C C P P 16-5- 2.C.14 Distillery C C C P P 16-5- 2.C.14 Winery C C C P P 16-5- 2.C.14 Manufacturing, light C P P 16-5- 2.D.4 (TSA only) Manufacturing, heavy P Warehouse/Storage Fuel storage (principal use) L Mini-storage facility P P Moving and storage P P Outdoor storage P P 16-6-7.G Page 146 of 178 18 Storage yard for vehicles, equipment, material, and/or supplies P P 16-5- 2.D.6 Warehousing and/or storage P P Waste/Salvage Automobile wrecking/ salvage yard C P 16-5- 2.D.1 Commercial incinerator C Hazardous waste handling C C 16-5- 2.D.2 Recycling operation, all processing occurs within enclosed structure P P 16-5- 2.D.5 Recycling operation, some or all processing occurs outside an enclosed structure C C 16-5- 2.D.5 Sanitary service C Waste transfer station (not including hazardous waste) C C ACCESSORY USES - See Section 16-5-4 for additional regulations Page 147 of 178 19 Household Living (Accessory to Principal One-Unit Detached Dwelling Uses Only) Accessory Dwelling Unit A A A A A* Home Care Accessory Uses (Accessory to Principal One-Unit Dwelling Uses Only) Adult dependent care C - A A A A A A A A A A Family child care home C - A A A A A A A A A A Infant/toddler home C - A A A A A A A A A A Large child care home L - A L - A L - A L - A Other Accessory Uses Caretaker's quarter A A A A A A Dormitory A A A Home occupation A A A A A A A A A A 16-5- 4.C.1 Minor utility facility (as accessory use of land) L - A L - A L - A L - A L - A L-A L-A L-A L - A L- A L - A L - A L- A L - A L - A 16-5- 2.B.1 Parking area (surface) A A A A A A A A A A A 16-5- 4.C.2 Parking garage (structure) A A A Satellite dish antenna A A A A A A A A A A A A A A A 16-5- 4.C.3 Page 148 of 178 20 Service units or facility A A A A A 16-5- 4.C.4 Swimming pool A A A A A A A A A A A A A A A 16-5- 4.C.5 Wholesale sales and distribution A A A A 16-5- 4.C.6 TEMPORARY USES - See Section 16-5-5 for additional regulations Car wash T T T T T T T T T T T T T T T Expansion or replacement of existing facilities T T T T T T T T T T T T T T Farmers market T T T T T T Food vendor carts T T T T T T T Mobile storage (with or without building permit) T T T T T T T T T T T T T T T Real estate sales or leasing office (also model homes) T T T T T T T T T T T T T T T Outdoor sales (e.g., tent sales, parking lot sales, seasonal sales, windshield repair, sales from retail vendor carts, etc.) T T T T T T Page 149 of 178 21 Special event (e.g., carnival, bazaar, fair) T T T T T T T T T T T T T T T Tents, canopies T T T T T T T T T T T T T T T USES NOT MENTIONED See 16-5-1.B for procedures and criteria for approving unlisted uses, including unlisted accessory and temporary uses. Section 3. Notice of general provisions and findings applicable to interpretation and application of this Ordinance: Applicability of Title 1, Chapter 2, Saving Clause. The provisions of E.M.C. Title 1, Chapter 2, Saving Clause apply to interpretation and application of this Ordinance, unless otherwise set forth above, including, but not limited to, the provisions regarding severability, inconsistent ordinances or code provisions, effect of repeal or modification, and legislation not affected by repeal. Enforcement. E.M.C. §16-10-2 provides that any violation of Title 16 shall be subject to the penalties provided for within E.M.C. Title 1, Chapter 4, “General Penalty” provision(s). E.M.C. §1-4, subsections 1-7, mandate that except as otherwise provided within specific Titles, Chapters, or Sections of the Englewood Municipal Code, the violation of any provisions of the Code, or of any secondary code adopted therein, shall be punished by a fine not exceeding two thousand six hundred and fifty dollars ($2,650.00) or imprisonment for a term not exceeding three hundred sixty (360) days or by both such fine and imprisonment. 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. Introduced, read in full, and passed on first reading on the 21st day of October, 2019. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 24th day of October, 2019. Published as a Bill for an Ordinance on the City’s official website beginning on the 23rd day of October, 2019 for thirty (30) days. Page 150 of 178 22 Linda Olsen, Mayor ATTEST: _________________________________ Stephanie Carlile, City Clerk I, Stephanie Carlile, Acting City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 21st day of October, 2019. Stephanie Carlile Page 151 of 178 CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION IN THE MATTER OF CASE #2017-03, FINDINGS OF FACT,CONCLUSIONS AND RECOMMENDATIONS RELATING TO THE UNIFIED DEVELOPMENT CODE TITLE 16-5-6 SHORT TERM RENTALS, TITLE 16-5-1:TABLE OF ALLOWED USES, AND 16-11-2:DEFINITION OF WORDS,TERMS AND PHRASES FINDINGS OF FACT AND CONCLUSIONS OF THE CITY PLANNING AND ZONING COMMISSION INITIATED BY: Community Development Department City of Englewood 1000 Englewood Parkway Englewood,CO 80110 \r&a\r~—v&re-«sax/sasasax/\.r~_¢~a Commission Members Present:Kinton,Freemire,Browne,Fuller,Adams,Austin,Townley Commission Members Absent:Moershel This matter was heard before the City Planning and Zoning Commission on Tuesday,December 3,2019 in the City Council Chambers of the Englewood Civic Center. Testimony was received from staff and the public.The Commission received notice of public hearing,the staff report,four emails from the public,and a copy of the proposed amendments to the Unified Development Code Title 16-5-6 Short Term Rentals,Title 16-5-1:Table of Allowed Uses,and 16-11-2:Definition of Words,Terms,and Phrases which were incorporated into and made a part ofthe record of the public hearing. After considering the statements of the staff and reviewing the pertinent documents,the members ofthe City Planning and Zoning Commission made the following Findings and Conclusions. FINDINGS OF FACT 1.THAT study sessions were conducted by the Planning and Zoning Commission on: o May 16,2017,0 April 3,2018, o September 6,2017,0 May 8,2018, a September 19,2017,o July 17,2018, -January 17,2018,0 August 21,2018, o February 21,2018,0 September 18,2018, Page 152 of 178 10. 11. 12. 13. 14. 15. 0 October 2,2018,o o December 4,2018,o -January 8,2019, February 20,2019,and May 7,2019 THAT a Community Open House was held on September 20,2018,and a Community Forum was held on April 2,2019. THAT the Planning and Zoning Commission held public hearings on June 4,2019 and December 3,2019 regarding short term rental regulations. THAT notice of the Planning and Zoning Commission public hearings were published in the Englewood Herald on May 15,2019 and November 21,2019.Further,notice of the public hearings were on the City of Englewood website from May 23,2019 through June 4,2019 and November 13,2019 through December 3,2019.The public hearings were also posted on social media. THAT the Englewood City Council held study sessions on short term rentals on October 16,2017,April 1,2019,July 15,2019 and August 26,2019. THAT the Englewood City Council held a public hearing on October 7,2019 to receive public testimony,followed by a first reading on October 21,2019. THAT notice of the Englewood City Council public hearing was published in the Englewood Herald on September 26,2019.The notice was also posted on the City of Englewood website from September 18,2019 through October 21,2019.Further,the public hearings were posted on social media. THAT at the October 21,2019 first reading,City Council voted 5-2 to table the short term regulations for the amount of time necessary for Planning and Zoning Commission to review and remove ADU’s from the regulations and to create an enforcement plan. THAT the staff report and four emails were made a part of the record. THAT the revised short term rental text amendments establish permitting and operating requirements for short term rentals and identifies the R—1—A,R-1-B,R-1-C,R-2—A,R—2-B, MU—R-3—A,MU-R-3—B,MU-R-3-C,M-1,M-2,MU-B-1,MU-B-2 zone districts as suitable for the operation of short term rentals. THAT short term rentals serve the current citizenry,their investment,and their property as provided for within the Comprehensive Plan,specifically Objective Live —1.2. THAT short term rentals provide affordable housing and allows for alternative housing within the city;meeting Comprehensive Plan Objective Live —1.2. THAT short term rentals were not being discussed when the Accessory Dwelling Unit (ADU)Ordinance was studied and voted upon;therefore,there is nothing within the ADU Ordinance permitting or prohibiting short term rentals. THAT apartments are not included as an option for short term rentals due to the concern of removing too many units from the long term rental market which can skew affordability. THAT accessory dwelling units are good for short term rentals due to the property owner being on site. Page 153 of 178 16.THAT prohibiting short term rentals in accessory dwelling units creates more affordability issues. 17.THAT a shortage of hotels exists in the City of Englewood;therefore,visitors must stay in neighboring jurisdictions and support that community's tax base,ratherthan staying those funds staying in Englewood. 18.THAT short term rentals are a great opportunity to spur economic development and support local businesses. 19.THAT short term rentals provide an opportunity to maintain Englewood’s housing stock, meeting Live Objective 2.1 and Live Objective 4.5 of the Comprehensive Plan. 20.THAT short term rentals support Work Objectives 1.3,2.3,and 3.3 of the Comprehensive Plan by creating more opportunities for housing within Englewood and opportunities for citizens to use their property to supplement their income. 21.THAT the short term rental text amendments include an enforcement section,which was agreed to by the Community Development Department and the City Attorney's office,and which was reviewed by the Planning and Zoning Commission. CONCLUSIONS 1.THAT the proposed short term rental text amendments conform to the vision,goals,and objectives outlined in Englewood Fon/vard:The 2016 Englewood Comprehensive Plan 2.THAT the proposed short term rental text amendments be forwarded to City Council with a favorable recommendation for adoption with the following amendments and conditions: c That the previously identified and practicing short term rentals be grandfathered,as has been the long term practice of the city; 0 That staff’s recommendations be adopted,to include that a bed and breakfast be synonymous with a short term rental; c That city council instruct staff to send a letter of apology to everyone who received a cease and desist letter;and -That accessory dwelling units be permitted to be used as short term rentals. DECISION THEREFORE,it is the decision ofthe City Planning and Zoning Commission that Case #2017-03 amendments to the Unified Development Code Title 16-5-6 Short Term Rentals,Title 16-5-1: Table of Allowed Uses,and 16-11-2:Definition of Words,Terms,and Phrases should be referred to the City Council with a favorable recommendation. Page 154 of 178 This decision was reached upon a vote on a motion made at the meeting of the City Planning and Zoning Commission on December 3,2019,by Freemire,seconded by Austin,which motion states: AYES: NAYS: ABSTAIN: ABSENT: Motion carried. TO FORWARD THE SHORT TERM RENTAL TEXT AMENDMENTS TO CITY COUNCIL WITH A FAVORABLE RECOMMENDATION,WITH THE FOLLOWING AMENDMENTS AND CONDITIONS: .THAT THE PREVIOUSLY IDENTIFIED AND PRACTICING SHORT TERM RENTALS BE GRANDFATHERED,AS HAS BEEN THE LONG TERM PRACTICE OF THE CITY; THAT STAFF’S RECOMMENDATIONS BE ADOPTED,TO INCLUDE THAT A BED AND BREAKFAST BE SYNONYMOUS WITH A SHORT TERM RENTAL; THAT CITY COUNCIL INSTRUCT STAFF TO SEND A LETTER OF APOLOGY I TO EVERYONE WHO RECEIVED A CEASE AND DESIST LETTER;AND .THAT ACCESSORY DWELLING UNITS BE PERMITTED TO BE USED AS SHORT TERM RENTALS. Kinton,Freemire,Browne,Fuller,Adams,Austin,Townley None None Moershel These Findings and Conclusions are effective as of the meeting on December 3,2019. BY ORDER OF THE CITY PLANNING &ZONING COMMISSION ,,1,V -CaIeTownley,Chair Page 155 of 178 ____________________________________________________________________________ TO: Englewood Planning & Zoning Commission THRU: Brad Power, Community Development Director Wade Burkholder, Community Development Planning Manager FROM: Erik Sampson, Planner II DATE: December 3, 2019 SUBJECT: Case 2017-03: Public Hearing regarding a proposed Short Term Rental (STR) Ordinance and Amendments to Title 16, Unified Development Code PUBLIC HEARING NOTICE Notice of the public hearing was published in the Englewood Herald and on the City’s website on November 21, 2019. Additionally, notice of the public hearing was posted on Next Door and other City social media accounts. REQUEST The Community Development Department requests that the Planning & Zoning Commission review, take public testimony, and forward to City Council a recommendation for the adoption of the proposed amendments to the Unified Development Code, Title 16, relating to Short Term Rentals as follows: Chapter 5, Use Regulations/Table of Allowed Uses relation to Short Term Rentals; o Add STRs as a visitor accommodation in residential and mixed-use zone districts; Chapter 5, Subsection 6: Add STR regulations including Purpose, Eligibility, Application Procedures and Permitting Requirements, Operating Standards, Enforcement, Revocation of STR Permits, and Definitions; Chapter 11, Definitions: Include all definitions established by the STR Ordinance. Additionally, modifications to the Englewood Municipal Code will need to occur to address tax licensing regulations set forth in Title 4 and lodging licensing set forth in Title 5. BACKGROUND On June 4, 2019, the Englewood Planning & Zoning Commission held a public hearing regarding a proposed draft of Short-Term Rental regulations. The Commission forwarded a favorable recommendation of the Ordinance to City Council for adoption. City Council held a public hearing on October 7, 2019, followed by a First Reading of the Ordinance on October 21, 2019. During the First Reading, City Council voted to remand the STR regulations back to the Page 156 of 178 Page 2 of 2 Planning & Zoning Commission to remove the language allowing STR’s in Accessory Dwelling Units (ADUs) and to amend and clarify the language regarding the Enforcement of STRs. CHANGES TO THE ORDINANCE The revised STR ordinance includes additional language regarding the enforcement of STRs and removed the language which allowed STR’s in ADU’s. The new enforcement language establishes procedures for notices of violation, compliance inspections, and appeals (see Section F in the attached draft). All other language regarding Application Procedures, Submittal Requirements, Operating Standards, and Revocation of Permits from the initial draft remain unchanged. RECOMMENDATION Staff recommends to the Planning and Zoning Commission the following findings and motions, pending deliberations by the Commission regarding Case No. 2017-03, Short Term Rental (STR) Regulatory Amendments to Title 16, Unified Development Code: That Case No. 2017-03 was brought before the City Council at a Public Hearing by the City of Englewood Community Development Department; and That City Council remanded the Short Term Rental regulations back to the Planning & Zoning Commission to address the inclusion of ADU’s as STR’s and to revise the Enforcement language of the Ordinance; and That Case No. 2017-03 was brought before the Planning and Zoning Commission at a Public Hearing by the City of Englewood Community Development Department; and That notice of the Public Hearing was published in the Englewood Herald on November 21, 2019 and was posted on the City’s website November 21, 2019 through December 3, 2019; and That the proposed STR regulatory text amendments establish permitting and operating requirements for Short Term Rentals and identifies the R-1-A, R-1-B, R-1-C, R-2-A, R-2- B, MU-R-3-A, MU-R-3-B, MU-R-3-C, M-1, M-2, MU-B-1, MU-B-2 zone districts as suitable for the operation of Short Term Rentals; and That the revised STR regulatory text amendments be forwarded to City Council with a favorable recommendation for adoption. Attachments: - Short Term Rental Draft Regulations CC: Brad Power Wade Burkholder Dugan Comer Page 157 of 178 City of Englewood Short Term Rental (STR) Affidavit This form must be signed by the property owner. I _____________________________ attest that I have read and understand all provisions of this affidavit. I further understand, under penalty of perjury, that my STR meets all Unified Development Code requirements and contains all items and safety measures as listed in the attached checklist. I further understand that any violation of the Englewood Municipal Code (EMC) or any violation of the STR ordinance may result in the revocation of my STR licenses and permit, and/or a summons to Municipal Court. Name (print): __________________________ Name (signed): ________________________ State of Colorado County of Arapahoe The foregoing instrument was acknowledged before me on this ___ day of ________________, 20___ by ________________________. ___________________________ _____________________________ (Notary Official signature) (My commission expires) Page 158 of 178 Please review and initial each statement. ____ I understand that any Short Term Rental (STR) Permit issued, based upon false information or misrepresentation will be null and void and subject to penalty as provided by law. ____ The STR will be located in a dwelling unit that is the primary residence of the property owner. ____ I understand that the dwelling or rooms serving as a short term rental must have a smoke detector, carbon monoxide detector, fire extinguisher, and an exit. ____ I understand that my STR may not be rented more than 30 consecutive days. ____ I understand that my STR may not be rented to more than one party under separate contracts. ____ I understand that my short-term rental may be used for dwelling, sleeping, or lodging purposes, but may not be rented for any other commercial purpose, including temporary events or gatherings. ____ I understand I must provide the following information to STR guests and have printed materials posted on-site for guests which includes the following information: a) A copy of the regulations and requirements regarding Short Term Rental Operating Permits; b) The name, address, and telephone numbers of the primary contact person, management company, or owner of the STR that can be reached on a twenty-four hour basis; c) The maximum number of persons allowed to occupy the STR; d) The maximum number of vehicles allowed to park on, or in front of, the STR property; e) Information regarding trash/garbage storage and removal, recycling storage and removal, including the days and location of pick-up. Clearly defined garbage and recycling areas shall be provided. f) The property address, including house number, street name and city; g) A list of non-emergency numbers, including the non-emergency number of the police department; h) The location of all fire extinguishers and exits, including egress windows. ____ I understand that I am required to maintain a current Englewood Lodging License, State of Colorado and City of Englewood Sales Tax Licenses. ____ I understand that the STR Permits are granted with the expectation that their use will not impact the neighbors or the character of the community. I agree to use my best efforts to assure that all renters of my property will not disrupt the neighborhood and I understand that the STR will be required to comply with all life safety, noise, and property maintenance requirements set forth in the STR ordinance and Englewood Municipal Code. ____ I acknowledge and grant the City of Englewood the right of inspection at any reasonable time. _________________________________ ________________ Signature of Applicant/Owner Date Page 159 of 178 2.1 IM I1 mt Theyabide by the same parking enforcementas any other residential propertyin the zone they reside in. No,unless they have a short-term rental license alreadyand do not allowit to expire (no grace period). Arvada Aurora Boulder notin Yes Yes N/A 546 Business l.icense/ Lodger's Tax + $26 renewal $105 STR license (4 years)+ $25 Business License tee (one—time) N/A 8%Lodgei’s Tax and applicable state tax depending on county 7.5% Accommodat ionTax N/A Wherever residential uses are allowed, including ADU's Any residential zone;ADU's maynot have a STR licensegoing forward unless they have a short-terrn rental license alreadyand do not allow it to expire (no grace period). NIA Primaryresident occupied (long—lenn renters ok with pennissionof landlord);hosts do not have to be present Mustbe the owner's principalresidence (residingin more than hallthe year). ADUrules only applyto those that had them establishedand licensedon or prior to January 03. 2019) N/A Carbon monoxidedetector required;smokedetector ‘advised’and requiredin some unitsby buildingcode Smokeand carbon monoxide detectorsmust meet Cityand NationalFireAlarmand Signaling Code requirements.Subject to occupancy limits(3-4 unrelated dependingon zoning) N/A N/A Business license numbermust be postedon alllistings;no extemalsigns No RentalListing MUST INCLUDE Maximum Unrelated Occupancy and Rental License number.May not be listed untilrental licenseis completeand issued. N/ A No ns,Colorado Springs and Manitou SpringsCodes ucatmna ateria rom e Listing Requirement 5 (Air B n B VRBO etc.) Parking ADU’s Requireme regulated Jurisdiction Allow: yes or g odel Fire CodeWhere April2019Page 160 of 178 Page 161 of 178 Short Term Rental Codes in the Metro Area +Fort Collins,Colorado Springs and Manitou Springs Based on PrimarySTR:Self-certilicationof health and License pm ca”,-ns yes 3150STR LocalSales zoning.Not oocupiedby owner safely standards requiredbefore numbermust 1 Off-street license.and Lodging allowedin forat least 9 months approval be ‘ncludedin space per every annual l3X-l-°°kl"9 most of the year,and alladvertising.2 rooms renewal °l El l‘5Vl"9 low-density includesduplexesor airbnbhas still $100 neighborhoo carriagehouses if notprovideda ds.locatedon the same ?eld forthis so Non-Primary propertyas primary 'not onlyallowed Non-PrimarySTR currently in zones that dwellingunits not happening. allow occupiedbyowner hotel/motels.more restricted(any Onlyowners zone that allows may get non-primaryalso ll°9"5e5-allowsprimary) As T°“'l5l TouristHome:AGolden"|'°uri5[N/A N/A Homes; ‘ buildingcomaining N/A N/A N/A Yes l'l°"‘°5'v C°"““5l°'3l ?ve or fewerguest "°STR‘z°"e5v R'3 roomsdesignedtoa:nefa"(SUP).R'2 5 be used on agamedlR-1 0""lal°'temporarybasis streets Ownersmust Awessory F.- Greenwood notin N/A submlt buildingsin T°"§"‘NIA Village code Lodging,3,,.,5;d.,,,ga1 requirements:Must N/A NIA NIA ‘Danyfor mes may gieetdelimtionof stays less be used to "lllyla °'few“ than 30 days house “"'°"“°“P°°P'°°' (transactions temporary 8 9l°"p °l l’e°l’l° exempt from guests;relatedby _ tax _Sec vague if bloodlmarnagelado 4-B-40(4))these n be P“°"l Matters Institut....April 2019Page 162 of 178 "M13[D 3103 was 411IIBJDJIIIJDIAMIGMDJ3?uunusampm:sjmuay uuu um];uo ua/ssas s,JauuD[d nalv nlxaw n [0 sjsnq amsnM pun unlssanuom qamw B51712!1aaqM [D 1013uuujpawpdn uaaq suq S[0[l3JD?l suu. sampmxs wguapgsax5,5“: 311150%ZP933“%€£'0l 1ouRaw5313 ')(E_]_ (we 1 01 Wd9;)smou "2 uea?Jad s?ep Bugdweg yagnb‘suone:oo|tu.Ie|e/Jausgn?unxa tz may )2 pagdnooo pue ?ug6po1 ‘o;ugmemos‘Repdmpgd aq Jsnux1913141 swpue 1;‘-JUMOll19P!S:1 usen‘sapgua/\xew ‘sxuednaao sapgsauJaumo sun XE]sayesas "Dunes"9 ‘$195293;2 xew ‘a|noJ uouenaenazlmmaonou Kuadoxdamssa|un Au:-JdoJdLUOJ]‘saguadoxd ‘mg‘q 5._ 'suone|n6aJ d Z p Jaqumu uuuad P915013+511100151114995101331P9111913111011K9111 119111593111 511!5P°|][LL|J3dasn pays;/ca:nouue wnav"'°°'s’"’°°’”°“memosusnw 9Luluumwaneaplxouow Homes sumo:Ienpwpu!5}:lJ.S19'-|l°11E AuoJame |euompuoo ?u;aq s1ueMQVH ‘9d 939d‘1»‘JoouJed Jausgn?uuxamy ;ydaoxa 'auoN LUOJ},oog<52 was 0053 -saA 0)PBPPSP -9900 VIN V/N V/N VIN VIN VIN VIN 11!1°11 11°19I1J!'I VIN V/N V/N VIN VIN V/N V/N °N P00/ 4911131 133115K9!l°d.J°q115!3N S]U9l1l3JInb9J D009 9 511!9E.+(110.1l90!lddE Aauednoaoou moo:I,ppe Jed una?manoaJSMSS/JSJEMpue :auoqda|a|em mg as;Mama: Lsn|d aaeds uouaa1oJda1g;o;oo1d apgnwdos|e alqeuaaal aq xsnw 5'-1!'-101 11101 10359A133115.30;1snu1)Jausgn?uuxamg ‘Jomayap sjaumo ,(uadmd 19313110 H13 093 59A 11951311 3!‘apnxouowuuq1eo Joxaayap exams s?uyds nozguew pue opexoyog ’suguo3 4»any un sapog uua 1_ a1n1nsu|Atuunluumg Bl?U101]|ElJ3]Ew |EUOI‘JEJI'||)Page 163 of 178 COUNCIL COMMUNICATION TO: Mayor and Council FROM: John Voboril DEPARTMENT: Community Development DATE: January 6, 2020 SUBJECT: CB 01 - Intergovernmental Agreement (IGA) between Arapahoe County and the City of Englewood, Colorado for Sharing the Cost of a Census Coordinator Position in Arapahoe County DESCRIPTION: CB 01 - Intergovernmental Agreement (IGA) between Arapahoe County and the City of Englewood, Colorado for Sharing the Cost of a Census Coordinator Position in Arapahoe County RECOMMENDATION: Staff recommends approval of an Ordinance on first reading entering the City of Englewood into an IGA with Arapahoe County for cost sharing regarding the salary of a temporary Arapahoe County Census Coordinator position. PREVIOUS COUNCIL ACTION: City Council approved a motion to create the Census 2020: Englewood Complete Count Committee for the purpose of the coordination of broad community outreach activities designed to deliver a complete count of all persons residing within the City of Englewood as of April 1, 2020. SUMMARY: Arapahoe County staff reached out to Arapahoe County municipalities with a proposal to jointly fund a temporary Census Coordinator position to assist both the County and each municipality with Census 2020 outreach efforts to achieve a complete count of all persons residing within both the County and each municipality as of April 1, 2020. Each municipality was asked to contribute between $500 and $15,000, depending on the size of the municipality. A $5,000 request has been made of the City of Englewood, the same amount asked of Englewood neighboring cities (Littleton, Sheridan, and Cherry Hills Village). ANALYSIS: The Arapahoe County Census Coordinator position major duties will include the following: • Develop a plan for a coordinated county approach to Census 2020; • Coordinate with Arapahoe County’s census team (internal staff), organize a Complete Count Committee (stakeholders), and support the work of its subcommittees; Page 164 of 178 • Coordinate timelines, agendas, and complete meeting minutes for internal or public meetings and events; • Coordinate efforts with the U.S. Census Bureau and assist the Bureau with identification of hard-to-count neighborhoods/populations that will require special efforts to achieve a complete count; • Coordinate with regional, state and federal agencies, community-based organizations, city agencies, and volunteers performing census outreach efforts; • Create and deliver presentations to Board of County Commissioners, elected officials, staff, stakeholder groups, and partner agencies; • Assist communications staff with developing marketing and outreach plans, hosting meetings and events, and drafting content for use in traditional and online communication venues; and • Draft and submit grant applications as appropriate to secure funding for outreach and coordination activities. In addition to serving as the County staff liaison and organizer for the Census 2020: Arapahoe Complete Count Committee, the Census Coordinator position will also be available to potentially assist municipalities in ways that include, but are not limited to, the following services: • Identifying and targeting hard to county communities; • Working closely with the U.S. Census Bureau to utilize tools and resources; • Attend already-established community events throughout the County hosted by municipalities, nonprofit organizations, faith-based groups, and business partners, by staffing information booths and presenting information; • Work with trusted nonprofit organizational partners with hard to count populations; • Sponsor and attend public forums and events to provide information and direct outreach; • Partner and provide more intensive outreach to households with limited English, homeless populations, institutions, and individuals with limited/inability to access internet/computers; • Use GIS/mapping team to assist with canvassing efforts and other partner needs; and • Secure grants for countywide outreach efforts. FINANCIAL IMPLICATIONS: The Ordinance approving the IGA with Arapahoe County authorizes the City to contribute $5,000 toward the shared salary cost of $80,000 for a temporary Arapahoe County Census Coordinator position. The City will pay its portion of the shared salary cost out of a recently secured grant from the Colorado Department of Local Affairs (DOLA) issued to support local municipalities with their Census-related activities. Page 165 of 178 ATTACHMENTS: Council Bill #01 IGA between Arapahoe County and the City of Englewood, Colorado for Sharing the Cost of a Census Coordinator Position in Arapahoe County Page 166 of 178 1 BY AUTHORITY ORDINANCE NO. ____ COUNCIL BILL NO. 01 SERIES OF 2020 INTRODUCED BY COUNCIL MEMBER _______________ A BILL FOR AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN ARAPAHOE COUNTY, COLORADO AND THE CITY OF ENGLEWOOD, COLORADO, FOR SHARING THE COST OF A CENSUS COORDINATOR POSITION IN ARAPAHOE COUNTY. WHEREAS, pursuant to Colorado Constitution, Article XIV, Section 18(2)(a), and Section 29-1-203, C.R.S. the Parties may cooperate or contract with each other to provide any function or facility lawfully authorized to each, including the sharing of costs; WHEREAS, the intergovernmental agreement (IGA) is being entered into by the Parties to share the cost of a temporary Census Coordinator for the 2020 Census; WHEREAS, Englewood, along with the cities of Littleton, Sheridan, and Cherry Hills Village have been asked to contribute $5,000 toward the position; WHEREAS, the Census Coordinator will assist the County and cities in their respective efforts to achieve a complete count of all persons residing both in the County and municipalities by April 1, 2020; and WHEREAS, the City’s portion will be paid from a grant from the Colorado Department of Local Affairs. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The City Council of the City of Englewood hereby authorizes the Intergovernmental Agreement for Sharing the Cost of a Census Coordinator Position in Arapahoe County between the City of Englewood and Arapahoe County as attached hereto as “Exhibit A”. Section 2. The Mayor is authorized to sign said Agreement for and on behalf of the City of Englewood. Introduced, read in full, and passed on first reading on the 6th day of January, 2020. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 9th day of January, 2020. Published as a Bill for an Ordinance on the City’s official website beginning on the 8th day of January, 2020 for thirty (30) days. Page 167 of 178 2 Linda Olson, 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 6th day of January, 2020. Stephanie Carlile Page 168 of 178 Page 1 of 7 INTERGOVERNMENTAL AGREEMENT BETWEEN ARAPAHOE COUNTY, COLORADO AND THE CITY OF ENGLEWOOD, COLORADO FOR SHARING THE COST OF A CENSUS COORDINATOR POSITION IN ARAPAHOE COUNTY This Intergovernmental Agreement (the “Agreement”) is entered into and effective as of this ___ day of ____________, 2020, by and between the Board of County Commissioners, County of Arapahoe, located at 5334 Street Prince Street, Littleton, Colorado 80120 (hereinafter referred to as the “County”) and the City of Englewood, a home rule municipality of the State of Colorado located at 1000 Englewood Parkway, Englewood, Colorado 80110, (hereinafter referred to as the “Municipality”). The County and Municipality may be collectively referred to herein as the “Parties.” WHEREAS, pursuant to Colo. Const. art. XIV, § 18, and § 29-1-203, C.R.S., as amended, the Parties are authorized to cooperate and contract with one another to provide any function, service, or facility lawfully authorized to each; and WHEREAS, the Parties intend to enter this Agreement to address the cost associated with a temporary Census Coordinator position (the “Coordinator Position”) with Arapahoe County; and WHEREAS, the Parties, along with other municipalities by separate agreement, intend to assist the County in funding the Coordinator Position as set forth herein; and WHEREAS, the total salary of the Coordinator Position is estimated to be Eighty Thousand Dollars ($80,000); and WHEREAS, the Parties intend that the contributions set forth herein be committed to pay the cost of the Coordinator Position; and WHEREAS, in the event the Coordinator Position cost is less than the estimated cost, the Parties agree that the excess funds will be refunded to the Municipality and other municipalities based upon the proportionate share of their contributions. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the Parties hereby agree as follows: 1. SCOPE OF THE AGREEMENT. The Parties will perform their obligations under this Agreement according to the terms herein and the Scope of Work, attached hereto and fully incorporated herein as Exhibit A. 2. TERM OF THE AGREEMENT. The Term of this Agreement shall be for the duration of the Coordinator Position, ending on October 31, 2020, unless otherwise extended by the Parties by written amendment to this Agreement. 3. ALLOCATION OF COSTS. The Municipality agrees to pay funds directly to the County in the amount of Five Thousand Dollars and No Cents ($5,000.00) no later than March 15, 2020. Page 169 of 178 Page 2 of 7 4. ANNUAL APPROPRIATIONS. Pursuant to C.R.S. § 29-1-110, as amended, the financial obligations of the Parties as set forth herein after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise available. Each Party’s financial obligations under this Agreement are contingent upon its legislative body’s annual appropriation of funds to discharge the obligations set forth in this Agreement. The Parties shall give written notice of such non-appropriation to the other Parties. 5. INDEPENDENT CONTRACTOR. In providing services under this Agreement, the County acts as an independent contractor and not as an employee of the Municipality. The County shall be solely and entirely responsible for its acts, and the acts of its employees, agents, servants, and subcontractors during the term and performance of this Agreement. No employee, agent, servant, or subcontractor of the County shall be deemed to be an employee, agent, or servant of the Municipality because of the performance of any services or work under this Agreement. The County, at its sole expense, shall procure and maintain workers’ compensation insurance and unemployment compensation insurance as required under Colorado law. Pursuant to the Workers’ Compensation Act, § 8-40-202(2)(b)(IV), C.R.S., as amended, the County understands that it and its employees and servants are not entitled to workers’ compensation benefits from the Municipality. The County further understands that it is solely obligated for the payment of federal and state income tax on any moneys earned pursuant to this Agreement. 6. LIABILITY. Each Party assumes responsibility for the actions and/or omissions of its agents and its employees in the performance or failure to perform under this Agreement. 7. NONDISCRIMINATION. The Parties shall not discriminate against any employee or qualified applicant for employment because of disability, race, creed, color, sex, sexual orientation, religion, age, national origin, or ancestry. The Parties agree to post in conspicuous places, available to employees and applicants for employment, notices provided by the local public agency setting forth the provisions of this nondiscrimination clause. 8. INSURANCE AND GOVERNMENTAL IMMUNITY. During the term of this Agreement, the Parties agree to maintain insurance in all forms and types as required by law through either commercial policies or self-insurance. Nothing in this Agreement shall be construed as a waiver by any party of any provisions of the Colorado Governmental Immunity Act, §§ 24- 10-101, et seq., C.R.S., as amended. 9. TERMINATION. Any Party may terminate its participation in this Agreement upon the provision of written notice to the other Parties at least 30 days prior to the effective date of the termination. 10. MUTUAL UNDERSTANDINGS. A. Jurisdiction and Venue. The laws of the State of Colorado shall govern as to the interpretation, validity, and effect of this Agreement. The Parties agree that jurisdiction Page 170 of 178 Page 3 of 7 and venue for any disputes arising under this Agreement shall be Arapahoe County, Colorado. B. Record Retention. The Parties shall maintain records and documentation of the services provided under this Agreement, including fiscal records, and shall retain the records for a period of three (3) years from the date this Agreement is terminated, unless otherwise provided or required by law. Said records and documents shall be subject at all reasonable times to inspection, review, or audit by the Parties. C. Assignability. Neither this Agreement, nor any rights hereunder, in whole or in part, shall be assignable or otherwise transferable by any Party without the prior written consent of the other Parties. D. Waiver. Waiver of strict performance or the breach of any provision of this Agreement shall not be deemed a waiver, nor shall it prejudice the waiving party’s right to require strict performance of the same provision, or any other provision in the future. E. Force Majeure. No Party shall be liable for any delay or failure to perform its obligations hereunder to the extent that such delay or failure is caused by a force or event beyond the control of such party including, without limitation, war, embargoes, strikes, governmental restrictions, riots, fires, floods, earthquakes, or other acts of God. F. Notice. Any notices given under this Agreement are deemed to have been received and to be effective: (1) three (3) days after the same shall have been mailed by certified mail, return receipt requested; (2) immediately upon hand delivery; or (3) immediately upon receipt of confirmation that a facsimile was received. For the purposes of this Agreement, any and all notices shall be addressed to the contacts listed below: For the County: Arapahoe County Attorney 5334 South Prince Street Littleton, Colorado 80120-1136 and (send to both) Arapahoe County Attorney 5334 South Prince Street Littleton, Colorado 80120-1136 Attn: Ron Carl   Page 171 of 178 Page 4 of 7 For the Municipality: City Manager City of Englewood 1000 Englewood Parkway Englewood, Colorado 80110 and (send to both) City Attorney City of Englewood 1000 Englewood Parkway Englewood, Colorado 80110 G. Paragraph Headings. Paragraph headings are inserted for the convenience of reference only. H. Third-Party Beneficiaries. It is expressly understood and agreed that the enforcement of this Agreement and all rights of action relating thereto shall be strictly reserved for the sole and exclusive benefit of the Parties. Nothing contained in this Agreement shall give or allow any claim or right of action whatsoever by any other third person. I. Severability. If any provision of this Agreement is determined to be unenforceable or invalid for any reason, the remainder of this Agreement shall remain in effect, unless otherwise terminated in accordance with the terms contained herein. J. Integration of Understanding. This Agreement contains the entire understanding of the Parties hereto and neither it, nor the rights and obligations hereunder, may be changed, modified, or waived except by an instrument in writing that is signed by the Parties hereto. K. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed to be an original and all of which taken together shall constitute one and the same agreement. L. Authorization. Each Party represents and warrants that it has the power and ability to enter this Agreement, to grant the rights granted herein, and to perform the duties and obligations herein described. Page 172 of 178 Page 5 of 7 IN WITNESS WHEREOF, the Parties, intending to be legally bound, have caused their proper and duly authorized officer or representative to execute and deliver this Agreement as of the day and year first above written. S E A L ATTEST: Clerk to the Board BOARD OF COUNTY COMMISSIONERS ARAPAHOE COUNTY, COLORADO By: Chair, Board of County Commissioners (Or representative authorized by resolution) Date: _________________ CITY OF ENGLEWOOD _________________________________ Linda Olson, Mayor Date: __________________ ATTEST: APPROVED AS TO FORM: ___________________________ _________________________________ Stephanie Carlile, City Clerk Alison McKenney Brown, City Attorney Page 173 of 178 Page 6 of 7 EXHIBIT A SCOPE OF WORK CENSUS COORDINATOR POSITION The Arapahoe County Board of County Commissioners agreed to hire a census liaison, which is an 18-month project designated position to obtain the most accurate and complete population count. This individual will serve as the primary contact and coordinator for Arapahoe County’s efforts related to the 2020 Census. This position will manage the day-to-day planning, coordination and execution of census activities, including engagement and outreach. In addition to leading Arapahoe County’s Complete Count Committee, the census liaison will work with municipal and organizational partners to:  Develop a plan for a coordinated county approach to Census 2020;  Coordinates with Arapahoe County’s census team (internal staff), organizes a Complete Count Committee (stakeholders), and supports the work of its subcommittees;  Coordinate timelines, agendas, and complete meeting minutes for internal or public meetings and events;  Coordinates efforts with the U.S. Census Bureau and assists the Bureau with identification of hard-to-count neighborhoods/populations that will require special efforts to achieve a complete count;  Coordinates with regional, state and federal agencies, community-based organizations, city agencies, and volunteers performing census outreach efforts;  Creates and delivers presentations to Board of County Commissioners, elected officials, staff, stakeholder groups, and partner agencies;  Assists communications staff with developing marketing and outreach plans, hosting meetings and events, and drafting content for use in traditional and online communication venues; and  Draft and submit grant applications as appropriate to secure funding for outreach and coordination activities. Based on several staff conversations, municipal partners understand the value of the census, but resources are limited. To maximize our collective resources while obtaining the most accurate and complete population count, Arapahoe County is seeking some financial support from its municipal partners for this position. Opportunities in which the census Coordinator Position and County could support municipalities include, but not limited to the following services:  Identifying and targeting hard to county communities;  Working closely with the U.S. Census Bureau to utilize tools and resources;  Attend already-established community events throughout the County hosted by municipalities, nonprofit organizations, faith-based groups, and business partners, by staffing information booths and presenting information;  Work with trusted nonprofit organizational partners with hard to count populations;  Sponsor and attend public forums and events to provide information and direct outreach; Page 174 of 178 Page 7 of 7  Partner and provide more intensive outreach to households with limited English, homeless populations, institutions, and individuals with limited/inability to access internet/computers;  Use GIS/mapping team to assist with canvassing efforts and other partner needs; and  Secure grants for countywide outreach efforts. The support Arapahoe County would like to receive from our municipal partners includes, but is not limited to:  Involvement/engagement with the Complete County Committee or subcommittee as appropriate;  Providing/confirming information on known community events or partner agencies;  Pass a proclamation in support of the 2020 Census and the County Complete Count Committee;  Sharing census information through established municipal channels; and  Entering into an intergovernmental agreement to help fund the census liaison position and outreach efforts. The County also will seek available state grant funds to augment outreach and engagement efforts. Page 175 of 178 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Stephanie Carlile DEPARTMENT: DATE: January 6, 2020 SUBJECT: Council Liaison Discussion DESCRIPTION: Council Liaison Discussion RECOMMENDATION: City Council will have the opportunity to discuss the assignment of Council liaison positions for the upcoming year. PREVIOUS COUNCIL ACTION: City Council liaison assignments are discussed after each municipal election. SUMMARY: The accompanying spreadsheet enunciates the various liaison assignments for boards, commissions and community groups on which Council members have historically served. There are several assignments that are required for the Mayor to fill. These particular assignments are enunciated on the spreadsheet and include the Firefighter Pension Board, Police and Fire Supplementary Disability, Police Officers Pension Board, DRCOG Board, and the Water and Sewer Board. There are two appointments that are required for Council to make. These particular assignments are enunciated on the spreadsheet and include Urban Renewal Authority and Transportation Advisory Committee. These liaison assignments are open for Council discussion and agreement. ATTACHMENTS: 1. Council Liaison List - December 2019 Page 176 of 178 BOARDS & COMMISSIONS MEETSPAST LIAISON To FillAlliance for Commerce in Englewood 2nd Thursday at 11:30 a.m. Russell Arapahoe Cty Collaborative Transportation Forum NA OlsonRussellBoard of Adjustment and AppealsNo liaison. No liaison. Quasi‐judicial.Budget Advisory 4th Tuesday at 5:15 p.m. RussellWink        CML Policy Committee Various times throughout the year WinkCode Enforcement Advisory Ad hoc basis determinted by Council or Chair Russell     SierraCultural Arts 1st Wednesday at 5:45 p.m. MartinezDRCOG 1st Wednesday at 4:00 p.m. Olson     Olson (Mayor Mandatory)3rd Wednesday at 6:30 p.m.  Wink                 (alternate)Englewood Housing Authority 1st Wednesday at 4:00 p.m. BarrentineFirefighters Pension Board 2nd Thursday of Feb., May, Aug. & Nov. at 4:00 p.m. Olson                 Olson  (Mayor mandatory)Historic Preservation Commission 3rd Wednesday at 6:30 p.m. CuestaKeep Englewood Beautiful 2nd Tuesday at 6:30 p.m. MartinezMalley Center Trust Fund 4x/year, as needed Russell      NonEmergency Employees Retirement 2nd Tuesday of Feb., May, Aug. & Nov. at 4:00 p.m. Russell Page 177 of 178 Parks & Recreation 2nd Thursday at 5:30 p.m. SierraPlanning & Zoning No Liaison. No Liaison. Quasi‐judicial. Police & Fire Supplemental Disability As necessary Olson                 Olson  (Mayor mandatory)Police Officers Pension Board 2nd Thursday of Feb., May, Aug. & Nov. at 2:30 p.m. Olson                 Olson  (Mayor mandatory)Public Library Board 2nd Tuesday at 7:00 p.m. CuestaTransportation Advisory 2nd Thursday in March, May, Sept., Nov. at 6:30 p.m. Martinez  (appointment needed)Urban Renewal Authority 2nd Wednesday at 6:30 p.m. Barrentine (appointment needed)Water & Sewer 2nd Tuesday at 5:00 p.m. Olson                 Olson  (Mayor mandatory)Wink         BarrentineCity/School Committee Quarterly MartinezBarrentine Hospital Liaisons Quarterly OlsonBarrentinePage 178 of 178