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Home My WebLink About2019-10-07 (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, October 7, 2019 ♦ 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 September 16, 2019. City Council Regular - 16 Sep 2019 - Minutes - Pdf 6. Communications, Proclamations, Appointments and Recognition a. Todd Cottrell with DRCOG would like to recognize the City of Englewood for receiving 10.48 million dollars in federal transportation funding. b. Taiwan Friendship Day Proclamation Taiwan Friendship Day 2019 7. Recognition of Scheduled Public Comment The deadline to sign up to speak for Scheduled Public Comment is Wednesday, 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 Council. T here is an expectation that the presentation will be conducted in a respectful manner. Council may ask questions for clarification, but there will not be any dialogue. Please limit your presentation to five minutes. Written materials for presentation to Council may be submitted to the City Clerk as the speaker approaches the podium. A USB port is available for public presentation. a. Marcia McGilley, Executive Director of the Aurora-South Metro Small Business Development Center will address Council regarding the City’s partnership and contract renewal. b. Vicki Hoffman will address Council. c. Marcy Brown, an Englewood resident, will address Council. d. C. Ann Dickerson, an Englewood resident, will address Council. e. Pamela Beets, an Englewood resident, will address Council. f. Doug Cohn, an Englewood resident, will address Council regarding Englewood history. 8. Recognition of Unscheduled Public Comment 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 Page 1 of 137 Englewood City Council Regular Agenda October 7, 2019 Please note: If you have a disability and need auxiliary aids or se rvices, please notify the City of Englewood (303-762-2405) at least 48 hours in advance of when services are needed. conducted in a respectful manner. Council may ask qu estions 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 for 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. i. CB 36 - Encroachment License and Indemnification Agreement for 3145 S Sherman Street CB 36 -Pdf Staff recommends City Council approve, by Ordinance, for an Encroachment License and Indemnification Agreement to the property owners at 3145 S. Sherman Street. Staff: Public Works Director Maria D'Andrea ii. CB 40 - Code Enforcement Advisory Committee Enabling Legislation CB 40 - Pdf The City Council should review a draft Ordinance amending the Establishment of the Code Enforcement Advisory Committee, and should approve such ordinance if it provides the requested updates and clarifications to the Code Enforcement Advisory Committee enabling legislation. Staff: City Attorney Alison McKenney Brown c. Resolutions and Motions 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 amendments to the Unified Development Code, Title 16, relating to Short Term Rentals. Staff: Community Development Planning Manager Wade Burkholder and Planner II Eric Sampson 11. Ordinances, Resolutions and Motions a. Approval of Ordinances on First Reading i. CB 39 - IGA with Aurora-South Small Business Development Center CB 39 - Pdf Staff recommends that City Council approve A Bill for an Ordinance for an Intergovernmental Agreement with the Aurora-South Metro Small Business Development Center (SBDC) to provide training, business seminars, one-on-one Page 2 of 137 Englewood City Council Regular Agenda October 7, 2019 Please note: If you have a disability and need auxiliary aids or se rvices, please notify the City of Englewood (303-762-2405) at least 48 hours in advance of when services are needed. consulting, and offer the Leading Edge program in Englewood all to benefit Englewood's entrepreneurs and small business owners. Staff: Economic Development Manager Darren Hollingsworth ii. CB 43 - 2020 Budget Ordinance - Budget CB 43 - Pdf Staff recommends City Council approve the proposed Bill for an Ordinance adopting the 2020 Budget. Staff: Finance and Administrative Services Director Maria Sobota iii. CB 42 - 2020 Budget Ordinance - Budget Appropriations CB 42 - Pdf Staff recommends City Council approve the proposed Bill for an Ordinance adopting the 2020 Appropriation. Staff: Finance and Administrative Services Director Maria Sobota iv. CB 46 - 2020 Budget Ordinance - South Platte Water Renewal Partners (SPWRP) Budget CB 46 - Pdf Staff recommends City Council approve the proposed Bill for an Ordinance adopting the 2020 South Platte Water Renewal Partners (SPWRP) Budget. Staff: Finance and Administrative Services Director Maria Sobota v. CB 45 - 2020 Budget Ordinances - South Platte Water Renewal Partners (SPWRP) Appropriation CB 45 - Pdf Staff recommends City Council approve the proposed Bill for an Ordinance adopting the 2020 South Platte Water Renewal Partners (SPWRP) Appropriation. Staff: Finance and Administrative Services Director Maria Sobota vi. CB 44 - 2020 Budget Ordinances - Mill Levies CB 44 - Pdf Staff recommends City Council approve the proposed Bill for a Ordinance for the 2020 Mill Levies. Staff: Finance and Administrative Services Director Maria Sobota vii. CB 41 - An Ordinance pertaining to the Englewood Local Liquor and Marijuana Licensing Authority CB 41- Pdf Staff recommends City Council approve A Bill for an Ordinance regarding corrections and updates to municipal code references to the Englewood Local Liquor and Marijuana Licensing Authority. Staff: City Attorney Alison McKenney Brown b. Approval of Ordinances on Second Reading c. Resolutions and Motions 12. General Discussion a. Mayor's Choice Page 3 of 137 Englewood City Council Regular Agenda October 7, 2019 Please note: If you have a disability and need auxiliary aids or se rvices, please notify the City of Englewood (303-762-2405) at least 48 hours in advance of when services are needed. b. Council Members' Choice 13. City Manager’s Report 14. City Attorney’s Report 15. Adjournment Page 4 of 137 MINUTES City Council Regular Meeting Monday, September 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 7:10 p.m. 2 Invocation The invocation was given by Council Member Barrentine. 3 Pledge of Allegiance The Pledge of Allegiance was led by Council Member Barrentine. 4 Roll Call COUNCIL PRESENT: Mayor Linda Olson Mayor Pro Tem Rita Russell Council Member Othoniel Sierra Council Member Laurett Barrentine Council Member Dave Cuesta Council Member Amy Martinez 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 Power, Community Development Director Sobota, Finance and Administrative Services Director D'Andrea, Public Works Director Brocklander, Information Technology Director Van Ry, South Platte Water Renewal Partners Deputy Director King, Information Technology Page 1 of 10 Draft Page 5 of 137 City Council Regular September 16, 2019 Court Administrator/Director Wolfe, Municipal Court Acting Director Lee, Parks/Recreation and Library Planning Manager Burkholder, Community Development Revenue and Tax Audit Supervisor Driscoll, Finance and Administrative Services Budget Administrator Nolan, Finance and Administrative Services Planner II Sampson, Community Development Network Administrator Hunnicutt, Information Technology Technical Support Specialist II Munnell, Information Technology Commander Fender, Police Department Officer Douglas, Police Department 5 Consideration of Minutes of Previous Session a) Minutes of the Regular City Council Meeting of September 3, 2019. Moved by Council Member Rita Russell Seconded by Council Member Othoniel Sierra APPROVAL OF THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF SEPTEMBER 3, 2019 AS AMENDED. For Against Abstained Linda Olson x Rita Russell (Moved By) x Othoniel Sierra (Seconded By) x Laurett Barrentine x Dave Cuesta x Amy Martinez x Cheryl Wink x 7 0 0 Motion CARRIED. 6 Communications, Proclamations, Appointments and Recognition a) The Mayor recognized South Platte Water Renewal Partners for winning $50,000 in an Environmental Protection Agency (EPA) Water Quality Challenge. 7 Recognition of Scheduled Public Comment a) Judith Marienthal, an Englewood resident, addressed Council regarding single hauler trash options. b) Steve Ward, an Englewood resident, was scheduled to speak but spoke during the Public Hearing instead. Page 2 of 10 Draft Page 6 of 137 City Council Regular September 16, 2019 c) C. Ann Dickerson, an Englewood resident, addressed Council regarding budget. d) Tammy Williamson, an Englewood resident, addressed Council regarding Short Term Rentals (STRs). e) Marcy Brown, an Englewood resident, addressed Council regarding candidate forum, census and development in the City. 8 Recognition of Unscheduled Public Comment a) Andrea Manion, an Englewood resident, addressed Council regarding Universal Business License & Sales Tax. b) Doug Cohn, an Englewood resident, addressed Council regarding water history. c) Vicki Hoffman addressed Council regarding drainage. d) Janice Brown, an Englewood resident, addressed Council regarding Be a Tool. Council Member Wink Responded to Public Comment. 9 Consent Agenda Items Moved by Wink seconded by Council Member Sierra to approve Consent Agenda Items 9(a)(i) and 9(c)(i). a) Approval of Ordinances on First Reading i) CB 36 - Encroachment License and Indemnification Agreement for 3145 S Sherman Street COUNCIL BILL NO. 36, INTRODUCED BY COUNCIL MEMBER WINK A BILL FOR AN ORDINANCE APPROVING GRANT OF AN ENCROACHMENT LICENSE AND INDEMNITY AGREEMENT, FOR ENCROACHMENT UPON THE CITY DITCH AT 3145 S. SHERMAN STREET, ENGLEWOOD, COLORADO, TO ALL FOR THE CONSTRUCTION OF A PORTION OF A GARAGE. b) Approval of Ordinances on Second Reading. There were no additional Ordinances on Second Reading (See Agenda Items 11(b)(i-iii).) Page 3 of 10 Draft Page 7 of 137 City Council Regular September 16, 2019 c) Resolutions and Motions i) Network Equipment Purchase and Installation RESOLUTION NO. 62, SERIES OF 2019 A RESOLUTION AWARDING TO HIGH POINT NETWORKS, LLC A CONTRACT TO PURCHASE AND INSTALL COMPUTER NETWORK EQUIPMENT UNDER THE TERMS OF THE STATE OF COLORADO COOPERATIVE PURCHASING AGREEMENT Moved by Council Member Cheryl Wink Seconded by Council Member Othoniel Sierra Motion to approve Consent Agenda Items 9 (a)(i) and 9(c)(i). For Against Abstained Linda Olson x Rita Russell x Othoniel Sierra (Seconded By) x Laurett Barrentine x Dave Cuesta x Amy Martinez x Cheryl Wink (Moved By) x 7 0 0 Motion CARRIED. 10 Public Hearing Items a) Proposed 2020 Budget Public Hearing Moved by Council Member Rita Russell Seconded by Council Member Othoniel Sierra TO OPEN THE PUBLIC HEARING FOR THE PROPOSED 2020 Budget. For Against Abstained Linda Olson x Rita Russell (Moved By) x Othoniel Sierra (Seconded By) x Laurett Barrentine x Dave Cuesta x Amy Martinez x Cheryl Wink x 7 0 0 Page 4 of 10 Draft Page 8 of 137 City Council Regular September 16, 2019 Motion CARRIED. All testimony was given under oath. Finance and Administrative Services Director Sobota presented information regarding the Proposed 2020 Budget. 0 citizens spoke in favor of the Proposed 2020 Budget 6 citizens spoke in opposition of the Proposed 2020 Budget 1 citizen wrote a letter opposing the Proposed 2020 Budget Moved by Council Member Rita Russell Seconded by Council Member Othoniel Sierra TO CLOSE THE PUBLIC HEARING FOR THE PROPOSED 2020 BUDGET. For Against Abstained Linda Olson x Rita Russell (Moved By) x Othoniel Sierra (Seconded By) x Laurett Barrentine x Dave Cuesta x Amy Martinez x Cheryl Wink x 7 0 0 Motion CARRIED. The meeting recessed at 8:54 p.m. for a break. The meeting reconvened at 9:01 p.m. with all Council Members present. 11 Ordinances, Resolutions and Motions a) Approval of Ordinances on First Reading i) CB 40 - Code Enforcement Advisory Committee Enabling Legislation Moved by Council Member Rita Russell Seconded by Council Member Cheryl Wink COUNCIL BILL NO. 40, INTRODUCED BY COUNCIL MEMBER RUSSELL A BILL FOR AN ORDINANCE AMENDING TITLE 2, CHAPTER 10, SECTIONS 2-10-1, 2-10-2, 2-10-5, and 2-10-6 OF THE ENGLEWOOD MUNICIPAL CODE, 2000, IN ASSOCIATION WITH THE Page 5 of 10 Draft Page 9 of 137 City Council Regular September 16, 2019 ESTABLISHMENT OF THE CODE ENFORCEMENT ADVISORY COMMITTEE, ALL WITHIN THE CITY OF ENGLEWOOD, COLORADO. For Against Abstained Linda Olson x Rita Russell (Moved By) x Othoniel Sierra x Laurett Barrentine x Dave Cuesta x Amy Martinez x Cheryl Wink (Seconded By) x 7 0 0 Motion CARRIED. b) Approval of Ordinances on Second Reading i) CB 20 - CEAC Recommendation on Code Change for Snow/Ice Removal Moved by Council Member Rita Russell Seconded by Council Member Othoniel Sierra ORDINANCE NO. 39, SERIES OF 2019 (COUNCIL BILL NO. 20, INTRODUCED BY COUNCIL MEMBER RUSSELL) AN ORDINANCE AMENDING TITLE 11, CHAPTER 3, SECTION 2 OF THE ENGLEWOOD MUNICIPAL CODE 2000, IN REGARD TO REMOVAL OF SNOW AND ICE FROM SIDEWALKS THROUGHOUT THE CITY. For Against Abstained Dave Cuesta x Cheryl Wink x Linda Olson x Rita Russell (Moved By) x Othoniel Sierra (Seconded By) x Laurett Barrentine x Amy Martinez x 5 2 0 Motion CARRIED. ii) CB 25 - Universal Business License Requirement Moved by Council Member Rita Russell Seconded by Council Member Othoniel Sierra Page 6 of 10 Draft Page 10 of 137 City Council Regular September 16, 2019 ORDINANCE NO. 40, SERIES OF 2019 (COUNCIL BILL NO. 25, INTRODUCED BY COUNCIL MEMBER RUSSELL) AN ORDINANCE AMENDING TITLE 4, CHAPTER 4, SECTION 1, ADOPTING TITLE 4, CHAPTER 4, SECTIONS 1-1, 1-2, 1-3, 1-4, 1-5, 1- 6, RESCINDING TITLE 4, CHAPTER 4, SECTION 4-4, AMENDING TITLE 4, CHAPTER 4, SECTIONS 4-6, 4-7, AND 5-3 OF THE ENGLEWOOD MUNICIPAL CODE 2000, ALL PERTAINING TO SALES AND USE TAX LICENSING. For Against Abstained Linda Olson x Rita Russell (Moved By) x Othoniel Sierra (Seconded By) x Laurett Barrentine x Dave Cuesta x Amy Martinez x Cheryl Wink x 7 0 0 Motion CARRIED. iii) CB 38 - The Hive on Broadway Planned Unit Development Moved by Council Member Cheryl Wink Seconded by Council Member Othoniel Sierra ORDINANCE NO. 41, SERIES OF 2019 (COUNCIL BILL NO. 38, INTRODUCED BY COUNCIL MEMBER WINK) AN ORDINANCE APPROVING THE HIVE ON BROADWAY PLANNED UNIT DEVELOPMENT (PUD) DISTRICT PLAN AND SITE PLAN, LOCATED AT 200 WEST BELLEVIEW AVENUE, IN THE CITY OF ENGLEWOOD, COLORADO. For Against Abstained Linda Olson x Rita Russell x Othoniel Sierra (Seconded By) x Laurett Barrentine x Dave Cuesta x Amy Martinez x Cheryl Wink (Moved By) x 4 2 1 Motion CARRIED. Page 7 of 10 Draft Page 11 of 137 City Council Regular September 16, 2019 c) Resolutions and Motions i) Approval of Change Order with Presidio Networked Solutions Group for Police Headquarters Building Moved by Council Member Cheryl Wink Seconded by Council Member Amy Martinez Approval of Change Order No. 4, in the amount of $1,037.00, to repair a video camera in the Police Headquarters Building with Presidio Networked Solutions Group. For Against Abstained Linda Olson x Rita Russell x Othoniel Sierra x Laurett Barrentine x Dave Cuesta x Amy Martinez (Seconded By) x Cheryl Wink (Moved By) x 7 0 0 Motion CARRIED. ii) Water, Sewer, and Storm water Master Plan Project for the City of Englewood Moved by Council Member Amy Martinez Seconded by Council Member Cheryl Wink Approval of a professional services agreement with Hazen and Sawyer (Consultant or Hazen), in the amount of $391,684, for the Water, Sewer, and Storm water Master Plan Project. For Against Abstained Linda Olson x Rita Russell x Othoniel Sierra x Laurett Barrentine x Dave Cuesta x Amy Martinez (Moved By) x Cheryl Wink (Seconded By) x 7 0 0 Motion CARRIED. iii) Revised Council Policy Manual Page 8 of 10 Draft Page 12 of 137 City Council Regular September 16, 2019 Moved by Council Member Amy Martinez Seconded by Council Member Cheryl Wink Approval of the second draft of the revised City Council Policy Manual. For Against Abstained Linda Olson x Rita Russell x Othoniel Sierra x Laurett Barrentine x Dave Cuesta x Amy Martinez (Moved By) x Cheryl Wink (Seconded By) x 7 0 0 Motion CARRIED. iv) Handbook for Boards, Commissions and Committees Moved by Council Member Cheryl Wink Seconded by Council Member Amy Martinez Approval of the Handbook for Boards, Commissions, and Committees. For Against Abstained Linda Olson x Rita Russell x Othoniel Sierra x Laurett Barrentine x Dave Cuesta x Amy Martinez (Seconded By) x Cheryl Wink (Moved By) x 5 2 0 Motion CARRIED. 12 General Discussion a) Mayor's Choice b) Council Members' Choice i) Consideration of an Executive Session. Page 9 of 10 Draft Page 13 of 137 City Council Regular September 16, 2019 Council Member Barrentine expressed an interest in going into an Executive Session. Executive Session was not called. 13 City Manager’s Report 14 City Attorney’s Report 15 Adjournment MAYOR OLSON MOVED TO ADJOURN. The meeting adjourned at 10:40 p.m. City Clerk Page 10 of 10 Draft Page 14 of 137 P R O C L A M A T I O N Declaring October 10, 2019 as Taiwan Friendship (Double Tenth Day of the Republic of China) Day in the City of Englewood WHEREAS, the Republic of China (Taiwan) will be observing its 109th National Day on October 10, 2019, and WHEREAS, the State of Colorado and Taiwan have a long and mutually beneficial relationship, with Taiwan ranking as Colorado’s 6th largest import partner and the 12th largest export market in 2018, and WHEREAS, the bonds of true friendship and steadfast trade partnership between the City of Englewood and Taiwan have been strengthened, resulting in strong economic, social and cultural exchanges, and WHEREAS, the City of Englewood is looking forward to further promoting the relationship with Taiwan for mutual benefits, and WHEREAS, the City of Englewood is delightful to join in observing the annual tradition and extend congratulations to Taiwan during this celebration. NOW THEREFORE, I Linda Olson, Mayor of the City of Englewood, Colorado, hereby proclaim October 10, 2019, as Taiwan Friendship Day (Double Tenth Day of the Republic of China) in the City of Englewood and urge all citizens to recognize this observance. GIVEN under my hand and seal this 7th day of October, 2019. Linda Olson, Mayor Page 15 of 137 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Maria DAndrea DEPARTMENT: Public Works DATE: October 7, 2019 SUBJECT: CB 36 - Encroachment License and Indemnification Agreement for 3145 S Sherman Street DESCRIPTION: CB 36 - Encroachment License and Indemnification Agreement for 3145 S Sherman Street RECOMMENDATION: Staff recommends approving a bill for an Ordinance for an Encroachment License and Indemnification Agreement to the property owners at 3145 S. Sherman Street. PREVIOUS COUNCIL ACTION: N/A SUMMARY: The property owner for 3145 S Sherman Street submitted a request for a license to encroach approximately 5.20 feet (at the widest point) into the City Ditch in order to construct a detached garage on the property. The Water and Sewer Board approved the license at their July 9, 2019 meeting. The Board of Adjustments and Appeals approved a variance to allow an encroachment of the garage into the rear setback at their July 10, 2019 meeting. ANALYSIS: The City Ditch easement transects the parcel for 3145 S Sherman Street. This limits the amount of available land on the parcel where a garage could be constructed. The property owner has worked with staff to place the garage in a location that minimizes encroachment on the easement and also meets zoning criteria, except for the rear yard setback. A 6-foot rear yard setback is required in the R-2-B zone district. The garage would encroach 3 feet into this setback distance. A variance to allow encroachment into the rear yard setback was brought before the Board of Adjustments and Appeals on July 10, 2019. The variance was approved by the Board. The Encroachment License and Indemnification Agreement was considered by the Water and Sewer Board at their July 9, 2019 meeting. The Board recommended approval of the agreement as this section of the ditch drains through a pipe installed in 2016 and the encroachment should not affect operations and maintenance of the ditch by the city. FINANCIAL IMPLICATIONS: None Page 16 of 137 CONCLUSION: Staff recommends approving a bill for an Ordinance for an Encroachment License and Indemnification Agreement to the property owners at 3145 S. Sherman Street. ATTACHMENTS: Council Bill No. 36 Encroachment License and Indemnity Agreement Board of Adjustments Meeting Minutes Water and Sewer Board Meeting Minutes Page 17 of 137 1 BY AUTHORITY ORDINANCE NO. ____ COUNCIL BILL NO. 36 SERIES OF 2019 INTRODUCED BY COUNCIL MEMBER WINK AN ORDINANCE AUTHORIZING A GRANT OF AN ENCROACHMENT LICENSE AND INDEMNITY AGREEMENT, FOR ENCROACHMENT UPON THE CITY DITCH AT 3145 S. SHERMAN STREET, ENGLEWOOD, COLORADO, TO ALLOW FOR THE CONSTRUCTION OF A PORTION OF A GARAGE. WHEREAS, the property owners of 3145 S. Sherman Street, Englewood, Colorado, submitted a request to the City for a license to encroach upon the City Ditch easement in order to construct a portion of a new garage to serve that property; WHEREAS, The City Ditch easement transects the parcel for 3145 S Sherman Street, limiting the amount of available land on the parcel where a garage could be constructed. WHEREAS, The property owner has worked with the City’s staff to place the garage in a location that minimizes encroachment on the City’s easement and also meets zoning criteria, except for the rear yard setback; WHEREAS, on July 9, 2019, the Englewood Water and Sewer Board recommended approval of the Encroachment License and Indemnity Agreement; and WHERAS, on July 9, 2019, the Board of Adjustments and Appeals approved a variance to allow for an encroachment of the garage into the rear setback of the property. 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, Colorado hereby approves the Encroachment License and Indemnity Agreement, a copy of which is marked Exhibit 1 and is attached hereto. Section 2. The Director of Public Works is hereby authorized to sign the Encroachment License and Indemnity Agreement, and is directed to assure the filing of such Agreement as appropriate. Introduced, read in full, and passed on first reading on the 3rd day of September, 2019. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 5th day of September, 2019. Page 18 of 137 2 Published as a Bill for an Ordinance on the City’s official website beginning on the 4th day of September, 2019 for thirty (30) days. Read by Title and passed on final reading on the 7th day of October, 2019. Published by Title in the City’s official newspaper as Ordinance No. ___, Series of 2019, on the 10th day of October, 2019. Published by title on the City’s official website beginning on the 9th day of October, 2019 for thirty (30) days. This Ordinance shall take effect thirty (30) days after publication following final passage. 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 Ordinance passed on final reading and published by Title as Ordinance No. ___, Series of 2019. Stephanie Carlile Page 19 of 137 EXHIBIT 1 ENCROACHMENT LICENSE AND INDEMNITY AGREEMENT TPHS ENCROACHMEIDLTLICENSEAND INDEENITYAGREEMENT,made and entered into as of this ll "'day of C‘,2019,by and between the CITY OF ENGLEWOOD,a municipal corporation of the State of Colorado,("City"),and RYAN SHAW and ELIZABETH SHAW,including all heirs and assigns ("Licensees"). WITNESSETH:The Ci y,without any warranty of its title or interest whatsoever, hereby authorizes Licensees to encroach upon a parcel of land in the City’s easement for the City Ditch,an area of encroachment containing one hundred two (102)square feet, more or less,and more particularly described in “Attachment A,”attached hereto and incorporated herein. 1.The City of Englewood,Colorado hereby grants to Licensees a license to encroach into the easement for the City Ditch,as described within Attachment A.Licensees have requested sucl1 license to accommodate the construction of a portion of a four hundred forty (440)square foot,two car garage. The Licensees are granted a11 exclusive encroachment to the parcel described within Attachment A,subj ect to the provisions of this Encroachment License and Indemnity Agreement.In addition,Licensees are granted the following specific rights subject to all provisions contained in this Encroachment License and Indemnity Agreement; to wit: a.The construction of a new two car garage and/or its foundation located in and upon Lots 37 and 38,Block 3,ROSE ADDITION TO ENGLEWOOD, Colorado,also known by street address:3145 South Sherman Street, Englewood,Colorado,(“Garage Structure”). b.The right to maintain a11drepair the new Garage Structure and/or its foundation, within the boundaries of Lots 37 and 38,Block 3,ROSE ADDITION TO ENGLEWOOD,also known as 3145 South Sherman Street,Englewood, Colorado,as defined and described within “Attachment A.” c.The right to any lawful use of the Garage Structure,including conformance with applicable zoning regulations. In granting this Encroachment License and Indemnity Agreement,the City reserves the right to make full use of the property encroached upon,as described within Attachment A,as may be necessary or convenient in the operation of the City Ditch, and the City retains all right to operate,maintain,install,repair,remove or relocate any of the City’s facilities located within the City Ditch or City Ditch Easement at any time and in such a manner as it deems necessary or convenient.The garage Page 20 of 137 10. structure should not be maintained in a manner that interferes with the City’s use or operation of the City Ditch or City Ditch Easement,at any time hereafter.Licensees shall,upon request by the City,and at Licensees sole expense,immediately relocate, rearrange or remove the garage structure so as not to interfere with any City use,and also agrees to remove the garage structure of Licensees’when necessary or convenient for the City,its successors and assigns. Subject to the provisions contained in Paragraphs 1,2 and 3,the City shall have the right to maintain,install,repair,remove or relocate the City Ditch or any other of its facilities or installations within the City’s Easement,at any time and in such manner as the City deems necessary or convenient.The City reserves the exclusive right to control all easements and installations. The Licensees shall have the right to maintain and improve the Encroachment Property including,but not limited to,planting and trimming grass and/or bushes, fertilization and irrigation,and removal of trash and brush.Licensees are not licensed to construct any permanent structure(s or encroach upon the Encroachment Property) in any manner not licensed u11derthis Encroachment Agreement. The rights and privileges granted in this License shall be subject to prior agreements, licenses and/or grants,recorded or unrecorded,and it shall be the Licensees sole responsibility to determine the existence of said agreements,licenses or grants or con?icting uses or installations. Access to the parcel by City personnel must be maintained by Licensees for inspection a11dmaintenance. Upon abandonment of any right or privilege herein granted,including the destruction or removal of the structure specifically authorized herein,the right of Licensees to that extent shall terminate,but their obligation to indemnify and save harmless the City,its officers and employees,shall not terminate in any event.This Encroachment License and Indemnity Agreement shall in no way be interpreted to permit the garage structure to be removed and thereafter replaced by Licensees.Any replacement structure will require a new Encroachment License and Indemnity Agreement. The rights granted Licensees hereunder may not be assigned without the written consent of the City. The aforesaid Licensees and their heirs and assigns understand and agree that: a.This permission is revocable at will and without cause by the City of Englewood without hearing and without notice other than Notice of Revocation. b.The Licensees shall remove said structure(s)from the public Easement within thirty (30)days after receiving Notice of Revocation by personal service or three days following mailing by certified mail. Page 21 of 137 That Licensees are estopped to deny the right of the City to revoke the Encroachment License and Indemnity Agreement or to deny the property rights of City. That Licensees agree to reimburse and indemnify the City for all necessary expenses of whatever nature that may be incurred in revoking this License, removing the structure placed in the City Ditch Easement,or any other expense as a result of granting this Encroachment License and Indemnity Agreement. That Licensees shall maintain insurance coverage sufficient to satisfy any liability arising as a result of this Encroachment License and Indemnity Agreement,and the City shall be held harmless from any and all liabilities arising from any action associated with the construction or use of the Garage Structure. This Agreement shall inure to the benefit of and be binding upon the heirs, executors,administrators,assigns,and successors of the respective parties. IN WITNESS WHEREOF,this instrument has been executed as of the day and year first above written. APPROV s*D4 CITY OF ENGLEWOOD PUBLIC UTILITIES DEPARTMENT Maria D’Andrea,Interim Director Public Utilities Department LICENSEE(S): RYAN SHAW ELI TH SHAW Page 22 of 137 ATTACHMENT A ENCROACHMENT LICENSE AND INDEMNITY AGREEMENT Legal Description A license for encroachment onto the City Ditch easement to support a section of a garage structure to be constructed at 3145 South Sherman Street,legally described as Lots 37 and 38,Block 3,ROSE ADDITION TO ENGLEWOOD,County of Arapahoe,State of Colorado. The area of encroachment onto the City Ditch easement is particularly described as follows: Commencing at the NW corner of said Lot 38,thence N 90°O0’00"E, along the north line of said Lot,19.20’to a point on the west line of the City Ditch easement;thence S 2°58’37"W,along said west line 5.01 ’to the Point of Beginning at the north wall of a garage;thence N 90°00’0O" E,along said noith wall,4.06’to the NE corner thereof;thence S 0°00’O0" E,along said garage wall,22.00’to the SE corner thereof;thence N 90°00’O0"W,along said garage wall,5.20’to a point on the west line of said Ditch easement;thence N 2°58’36"E,along said west line,22.03’to the Point of Beginning,containing 102 Square Feet (0.002 Acres). Description prepared by: Lawrence G.Chambers,PLS Colorado Registration No.16099 Page 23 of 137 MINUTES Board of Adjustment and Appeals Meeting Wednesday, July 10, 2019 MEMBERS PRESENT: Aaron Rieger Angela Schmitz Tom Finn Andy Taylor Randal Friesen Kristin Schledorn MEMBERS ABSENT: Robert Ellstrom STAFF PRESENT: Will Charles, Planner I Brook Bell, Senior Planner Dugan Comer, Deputy City Attorney 1. Call to Order The regular meeting of the Englewood Board of Adjustment and Appeals was called to order at 7:00 pm in the Englewood City Council Chambers, Chair Finn presiding. Chair Finn stated there were six members present; therefore, five affirmative votes are required to grant a variance or appeal. Chair Finn stated that the Board of Adjustment and Appeals is empowered to grant or deny variances by Part III, Section 60 of the Englewood City Charter. Variances granted by the Board are subject to a 30-day appeal period. Variances are effective at the end of the appeal period. Building permits must be obtained and construction begun within 180 days of the variance's effective date. Chair Finn set forth parameters for the hearing. 2. Public Hearing: Case VAR2019-009 Applicant: Ryan Shaw Property: 3145 S. Sherman St. Chair Finn opened the public hearing stating he had proof of posting and publication for the first case. He introduced the case stating the applicant is requesting a variance to encroach 3-feet into the required 6-foot rear setback in the R-2-B zone district, to construct a detached garage. This is a variance to Table 16-6-1.2 of the Englewood Municipal Code. Will Charles, Planner I was sworn in. Mr. Charles gave an overview of the DraftDraftDraftDraft Page 24 of 137 Board of Adjustment and Appeals July 10, 2019 variance request. Mr. Charles answered additional questions asked by the Board. Ryan Shaw, applicant, was sworn in. Mr. Shaw gave an overview of the variance request. Mr. Shaw answered additionally questions asked by the Board. The Board opened up the floor to any persons present to speak. Vicki Hoffman, 4630 S. Bannock St., spoke regarding the variance request. Marcy Brown, 2980 S. Sherman St., spoke regarding the variance request. There were no other persons present to testify for or against the variance. The Board discussed the variance request and the criteria. With no further discussion the secretary polled the member's votes. Moved by Member Kristin Schledorn Seconded by Member Andy Taylor THAT CASE VAR2019-009 BE GRANTED A VARIANCE TO ENCROACH 3- FEET INTO THE REQUIRED 6-FOOT REAR SETBACK IN THE R-2-B ZONE DISTRICT TO CONSTRUCT A DETACHED GARAGE. For Against Abstained Andy Taylor (Seconded By) x Angela Schmitz x Tom Finn x Randal Friesen x Aaron Rieger x Kristin Schledorn (Moved By) x 6 0 0 Motion CARRIED. Case VAR2019-010 Applicant: Cadence Development, LLC Property: 3701 S. Broadway Chair Finn introduced the next case stating he had proof of posting and publication for the case. He introduced the case stating the applicant is requesting a variance to reduce the required minimum number of vehicle stacking spaces for an automobile service station from two spaces per pump to one space per pump. This is a variance to Table 16-6-4.4. of the Englewood Page 25 of 137 Board of Adjustment and Appeals July 10, 2019 Municipal Code. Brook Bell, Senior Planner was sworn in. Mr. Bell gave an overview of the variance request. Mr. Bell answered additional questions asked by the Board. Kay Stallworthy, co-applicant and developer, was sworn in. Ms. Stallworthy gave an overview of the variance request. Ms. Stallworthy answered additionally questions asked by the Board. The Board opened up the floor to any persons present to speak. There were no persons present to testify for or against the variance. Mr. Bell answered additional questions asked by the Board. The Board discussed the variance request and the criteria. With no further discussion the secretary polled the member's votes. Moved by Member Randal Friesen Seconded by Member Angela Schmitz THAT CASE VAR2019-010 BE GRANTED A VARIANCE TO REDUCE THE REQUIRED NUMBER OF VEHICLE SPACES FOR AN AUTOMOBILE SERVICE STATION FROM TWO SPACES PER PUMP TO ONE SPACE PER PUMP. For Against Abstained Andy Taylor x Angela Schmitz (Seconded By) x Tom Finn x Randal Friesen (Moved By) x Aaron Rieger x Kristin Schledorn x 0 6 0 Motion DEFEATED. 3. Approval of Minutes MOTION TO APPROVE THE JUNE 12, 2019 MINUTES AS WRITTEN Moved by Member Andy Taylor Seconded by Member Aaron Rieger Page 26 of 137 Board of Adjustment and Appeals July 10, 2019 For Against Abstained Andy Taylor (Moved By) x Angela Schmitz x Tom Finn x Randal Friesen x Aaron Rieger (Seconded By) x Kristin Schledorn x 6 0 0 Motion CARRIED. 4. Approval of Findings of Fact MOTION TO APPROVE THE FINDINGS OF FACT FOR CASE #VAR2019- 004 Moved by Member Andy Taylor Seconded by Member Randal Friesen For Against Abstained Andy Taylor (Moved By) x Angela Schmitz x Tom Finn x Randal Friesen (Seconded By) x Aaron Rieger x Kristin Schledorn x 6 0 0 Motion CARRIED. 5. Election of Officers MOTION FOR TOM FINN TO CONTINUE SERVING AS CHAIR Moved by Member Angela Schmitz Seconded by Member Randal Friesen For Against Abstained Andy Taylor x Angela Schmitz (Moved By) x Tom Finn x Randal Friesen (Seconded By) x Aaron Rieger x Kristin Schledorn x 6 0 0 Page 27 of 137 Board of Adjustment and Appeals July 10, 2019 Motion CARRIED. MOTION FOR RANDAL FRIESEN TO CONTINUE SERVING AS VICE CHAIR Moved by Member Angela Schmitz Seconded by Member Andy Taylor For Against Abstained Andy Taylor (Seconded By) x Angela Schmitz (Moved By) x Tom Finn x Randal Friesen x Aaron Rieger x Kristin Schledorn x 6 0 0 Motion CARRIED. 6. Staff's Choice 7. Attorney's Choice 8. Board Member's Choice 9. Adjourn The meeting was adjourned at 8:05 PM. Shelly Worek, Staff Liaison Page 28 of 137 MINUTES (DRAFT) Water and Sewer Board Meeting Tuesday, July 9, 2019 MEMBERS PRESENT: Clyde Wiggins Don Roth John Moore Caitlin Mercier Laurett Barrentine Linda Olson MEMBERS ABSENT: Chuck Habenicht Tim Johnson Andrew Mullen Cheryl Wink STAFF PRESENT: Tom Brennan, Director of Utilities GUEST: Ryan Shaw 1. Call to Order a. The meeting was called to order in the Community Development Conference Room at 5:04 pm. 2. Approval of Minutes a. Minutes of May 14, 2019 Moved by Member Don Roth Seconded by Member Caitlin Mercier Motion to approve Minutes - May 14, 2019. For Against Abstained Clyde Wiggins x Don Roth (Moved By) x John Moore x Caitlin Mercier (Seconded By) x Laurett Barrentine x Linda Olson x 6 0 0 Motion CARRIED. Page 29 of 137 Water and Sewer Board July 9, 2019 3. Public Forum 4. New Business a. 3145 S Sherman Street - City Ditch Encroachment and Indemnification License Moved by Member Caitlin Mercier Seconded by Member Don Roth Motion to approve a City Ditch Encroachment and Indemnification License for 3145 S. Sherman Street. For Against Abstained Clyde Wiggins x Don Roth (Seconded By) x John Moore x Caitlin Mercier (Moved By) x Laurett Barrentine x Linda Olson x 6 0 0 Motion CARRIED. 5. Old Business 6. Staff's Choice 7. Adjournment a. The meeting adjourned at 5:25 pm. Lorraine Olguin, Staff Liaison Page 30 of 137 STUDY SESSION TO: Mayor and Council FROM: Alison McKenney Brown DEPARTMENT: City Attorney's Office DATE: October 7, 2019 SUBJECT: CB 40 - Code Enforcement Advisory Committee Enabling Legislation DESCRIPTION: CB 40 - Code Enforcement Advisory Committee Enabling Legislation RECOMMENDATION: The City Council should review a draft Ordinance amending the Establishment of the Code Enforcement Advisory Committee, and should approve such ordinance if it provides the requested updates and clarifications to the Code Enforcement Advisory Committee enabling legislation. PREVIOUS COUNCIL ACTION: The City Council placed the CEAC on a short hiatus to allow for review of the Committee's enabling legislation on February 4, 2019. On February 19, 2019 staff presented Council with the recommendations for proposed updates to the CEAC enabling legislation and requested Council feedback and suggestions. On March 18th, the City Council began the process of reviewing the proposed updates to the CEAC’s legienabling by determined Council City the slation. time to Due constraints, consensus that each member of council should independently review the proposed draft code update and provide questions or concerns directly to the City Manager within one week. Future review of the proposed updates would focus around any questions or concerns provided. On March 25th, the City Council, at its study session, continued the review of the proposed updates to the CEAC's enabling legislation. During the discussion, City Council was asked to provide comments and to provide those comments directly to the City Attorney's Office or the City Manager in order that staff could address any comments at the April 1st study session. Council referred the proposals to the Committee for their comments and further review. On July 1, three representatives of the CEAC (Julie Bowden, Coween Dickerson, and Jerry Walker) presented the CEAC's requested updates to the CEAC enabling legislation. On August 26th, a consensus of the membership of the City Council directed that an Ordinance updating the enabling legislation for the Code Enforcement Advisory Committee be brought forward to a regular meeting of the City Council. Council member Sierra suggested that the Committee's proposed language for Section 2-10-5 be incorporated in lieu of the language suggested by City staff. Page 31 of 137 On September 9th, Council members Sierra and Russell requested the scope of the duties of the CEAC, as set forth within 2-10-1 and 2-10-5(A), mirror the scope of the enforcement responsibilities for the Code Enforcement Unit of the Police Department. SUMMARY: On August 26th, a consensus of City Council directed that an Ordinance be drafted generally conforming to staff’s suggested updates, and incorporating in the CEAC’s suggested updates to Section 2-10-5. On September 9th, Council members Sierra and Russell requested the scope of the duties of the CEAC, as set forth within 2-10-1 and 2-10-5(A), mirror the scope of the enforcement responsibilities for the Code Enforcement Unit of the Police Department. The draft ordinance presented to the City Council provides the following proposed updates which incorporates the CEAC's suggestions for 2-10-5 (B), (C), and (D), the requested updates requested by Council members Sierra and Russell, and the balance of the updates proposed by staff: 2-10-1 • Clarifies the CEAC’s role is advisory to the City Council. • Clarifies the CEAC’s role is to review the activities, services and regulatory processes vested in the Code Enforcement Unit of the Police Department, and to provide recommendations to the City Council for updates to those activities, services and regulatory processes. 2-10-2 • Clarifies the role(s) of the staff liaison and the police department technical advisor. • Clarifies the City Manager’s authority to assign appropriate staff to the committee, recognizing the City’s budget and staffing limitations. • Reduces the number of City Council liaisons from two to one, to allow for other members of City Council to attend meetings of the CEAC without triggering an open meeting of the City Council. 2-10-5 (subsection A) (this section is updated in conformance with the 9/9/19 request of Council members Sierra and Russell to clearly link the authority of CEAC to the enforcement areas of the Code Enforcement Unit of the police department) • Removes the language limiting the CEAC to Chapter 15 review, and specifically lists those areas of the EMC assigned to the Code Enforcement Unit of the police department. (subsection B) (this section utilizes the language provided by the CEAC) • Updates the reference to the Code Enforcement Unit of the police department. (subsection C) Page 32 of 137 (this section utilizes the language provided by the CEAC, with the addition of language encouraging education efforts.) • Clarifies the CEAC’s role in seeking input from the members of the community regarding code enforcement priorities. • Clarifies the CEAC’s role in educating the community regarding code enforcement initiatives and regulations. (Subsection D) (this section utilizes the language provided by the CEAC, with the addition of a line that CEAC originally incorporated in subsection C regarding communication with the City Council. The goal of moving this line from C to D is to reference the communications between the Committee and the Council in the same paragraph) • Establishes the CEAC’s annual meeting with the City Council to review proposed updates to the Code and/or enforcement priorities. • Establishes the responsibility to provide written reports and/or recommendations for code updates or enforcement priorities to the City Council. 2-10-6 • Clarifies the limitations upon the CEAC’s authority by adding a new subsection C incorporating the language from Charter Section 30. ANALYSIS: A legal analysis with notes of the CEAC enabling legislation is attached, including comments from members of the City Council. The comments from the CEAC committee members are also included under each section. FINANCIAL IMPLICATIONS: N/A ALTERNATIVES: 1. Council may approve the proposed draft ordinance updating the CEAC enabling legislation (Code) as presented. 2. Council may amend the proposed draft ordinance updating the CEAC enabling legislation (Code), and pass the ordinance as amended. 3. Council may choose not to modify the CEAC enabling legislation (Code). ATTACHMENTS: 1. Council Bill #40 - Draft Ordinance amending Title 2, Chapter 10, of the EMC, in association with the establishment of the CEAC. 2. CEAC overview with notes Page 33 of 137 1 BY AUTHORITY ORDINANCE NO. ____ COUNCIL BILL NO. 40 SERIES OF 2019 INTRODUCED BY COUNCIL MEMBER RUSSELL AN ORDINANCE AMENDING TITLE 2, CHAPTER 10, SECTIONS 2-10-1, 2-10-2, 2-10-5, and 2-10-6 OF THE ENGLEWOOD MUNICIPAL CODE, 2000, IN ASSOCIATION WITH THE ESTABLISHMENT OF THE CODE ENFORCEMENT ADVISORY COMMITTEE, ALL WITHIN THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, Section 30 of the Home Rule Charter of the City of Englewood, Colorado, empowers the City Council to delegate by ordinance such functions, powers or authority conferred upon the City Council to Boards and Commissions as are within its discretion; and WHEREAS, The City Council last reviewed and updated the enabling legislation for the Code Enforcement Advisory Committee (CEAC) through Ordinance 2000-9, such ordinance having reduced the number of members of the CEAC and eliminated the provision providing for automatic termination of the CEAC. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: The Englewood Municipal Code shall be amended as described below. Section 1. Amendment of Title 2, Chapter 10, Section 1. Title 2, Chapter 10, Section 1 of the Englewood Municipal Code shall be amended as follows: 2-10-1: Purpose. The Code Enforcement Advisory Committee is established as an department advisory committee to the City Council, focused on to regularly review the activities, and services, of code enforcement and regulatory processes established within those sections of the Englewood Municipal Code enforced by the Code Enforcement Unit Neighborhood Services section of the Police Department., and to provide recommendations to the City Council for updates and modifications to those services and regulatory processes. Section 2. Amendment of Title 2, Chapter 10, Section 2. Title 2, Chapter 10, Section 2 of the Englewood Municipal Code shall be amended as follows: 2-10-2: Composition and Membership. Page 34 of 137 2 On and after January 1, 2020, the Committee will be comprised of seven members appointed by City Council, who shall be citizens-at-large. and three ex-officio staff members appointed by the City Manager The City Manager shall appoint one member of city staff to serve as the staff liaison, and one member of the police department staff to provide technical information regarding the regulatory processes subject to review by the Committee. At the Manager’s discretion a single individual may provide both services to the Committee. and two Council liaison members One member of the City Council shall serve as a council liaison to the Committee. Section 3. Amendment of Title 2, Chapter 10, Section 5. Title 2, Chapter 10, Section 5 of the Englewood Municipal Code shall be amended as follows: 2-10-5: Powers and Duties. The Code Enforcement Advisory Committee shall have the following powers and duties: A. Conduct a comprehensive review of Municipal ordinances those sections of the Englewood Municipal Code regulating domesticated animal welfare and control, non-domesticated animal control, environmental pollution, graffiti, noise, outdoor storage, snow and ice removal, trash and litter, grass and weeds, trees and shrubs, and wood burning. The City Council may, at their discretion, direct the Committee to review other Chapters of the Englewood Municipal Code intended to prevent or abate situations that are deemed detrimental to the health, safety and welfare of the community as provided primarily in Title 15 of this Code. The Committee shall make recommendations to the City Council for the addition, deletion and revision of ordinances these provisions of the Englewood Municipal Code. B. Review the processes, procedures and administrative functions of the Code Enforcement Unit of the Englewood Police Department Neighborhood Services Division. Make recommendations to the City Manager, or his/her designee, for improvements. C. Establish enforcement priorities for City staff to follow to assure protection of the community utilizing the resources provided. Seek input from members of the community regarding enforcement priorities of the Code Enforcement Unit to utilize the resources provided in a manner that meets the needs of the community. Make recommendations to the City Manager, or his/her designee, for adjustments to City staff and other resources based on the needs of the community. Develop community education efforts to inform the community about code enforcement initiatives and regulations. D. Act as a conduit of communication between the City Council, Manager, and the community, and gather and assess the information necessary to make sound recommendations to the City Council for service delivery. Provide written reports and/or recommendations to the City Council regarding the responsibilities set forth in A, B, and C above through the City Council liaison as needed. Make annual written recommendations to all stakeholders, as needed, but no less than annually. Section 4. Amendment of Title 2, Chapter 10, Section 6. Title 2, Chapter 10, Section 6 of the Englewood Municipal Code shall be amended as follows: Page 35 of 137 3 2-10-6: - Appointment of Officers and Adoption of General Rules. A. The Committee shall organize, adopt administrative rules and procedures and elect from its members such officers as it shall deem necessary to accomplish its purposes. Officers of the Committee shall be elected for one-year terms. No officer shall serve in the same capacity for more than two consecutive terms. B. The Chairperson may appoint such standing or special subcommittees from the membership of the Committee as the Committee shall determine necessary or useful in carrying out its purposes and powers. The purpose, term and members of each subcommittee shall be determined by the chairperson. C. The responsibilities of the Committee shall not extend to directing or interfering with the work of any officer or employee under the City Manager, either publicly or privately. Section 5. 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. Title 1, Chapter 4, “General Penalty” provisions 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 16th day of September, 2019. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 19th day of September, 2019. Published as a Bill for an Ordinance on the City’s official website beginning on the 18th day of September, 2019 for thirty (30) days. Page 36 of 137 4 Read by Title and passed on final reading on the 7th day of October, 2019. Published by Title in the City’s official newspaper as Ordinance No. ___, Series of 2019, on the 10th day of October, 2019. Published by title on the City’s official website beginning on the 9th day of October, 2019 for thirty (30) days. This Ordinance shall take effect thirty (30) days after publication following final passage. 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 Ordinance passed on final reading and published by Title as Ordinance No. ___, Series of 2019. Stephanie Carlile Page 37 of 137 10 Chapter 10 - CODE ENFORCEMENT ADVISORY COMMITTEE 2-10-1: - Purpose. The Code Enforcement Advisory Committee is established as a department advisory committee focused on the activities and services of code enforcement and regulatory processes of the Neighborhood Services section of the Police Department. (Code 1985, § 2-10-1; Ord. 08-5, § 3) Proposed Update. 2-10-1 : - Purpose. The Code Enforcement Advisory Committee is established as a department advisory committee focused on the activities and services of code enforcement and regulatory processes of the Neighborhood Services section of the Police Department. to regularly review those regulatory processes provided within Chapter 15 of the Englewood Municipal Code, as established by the City Council and carried out by the Code Enforcement Division of the Englewood Police Department, and provide recommendations to the City Council for updates and modifications to those regulatory processes. 2-10-1: NOTES: 1) The Code Enforcement Advisory Committee is established as a department advisory committee a.Per Charter §30 the City Council may only delegate to boards and commissions those powers that it is given under charter. b.Per Charter §32 the City Council is specifically denied the authority to deal with the administrative service. c.Per Charter §32 no committee of the City Council may direct or interfere with the work of any employee under the City Manager, either publicly or privately. 2) focused on the activities and services of code enforcement a.This statement is vague, and open to interpretation. 3) and regulatory processes of the Neighborhood Services section of the Police Department a.Regulatory processes is vague b.There is no longer a Neighborhood Services section of the Police Department. Page 38 of 137 10 Proposed by Committee: The Code Enforcement Advisory Committee is established as a department advisory committee focused on the activities and services of code enforcement and to collaborate with Code Enforcement Division of the Englewood Police Department to achieve the stated goals of voluntary compliance and fair and unbiased enforcement. 2-10-2 : - Composition and Membership. The Committee will be comprised of seven members appointed by City Council, and three ex- officio staff members appointed by the City Manager and two Council liaison members. (Code 1985, § 2-10-2; Ord. 00-9) Proposed Update. 2-10-2 : Composition and Membership. On and after January 1, 2020, the Committee will be comprised of seven members appointed by City Council, who shall be citizens-at-large. and three ex-officio staff members appointed by the City Manager The City Manager shall appoint one member of city staff to serve as the staff liaison, and one member of the police department staff to provide technical information regarding the regulatory processes subject to review by the Committee. At the Manager’s discretion a single individual may provide both services to the Committee. and two Council liaison members One member of the City Council shall serve as a council liaison to the Committee. 2-10-2: NOTES: 1)It appears from this provision that the intention was to create a board with twelve members, but only seven of those members were voting members. 2)Staff appointed to serve on this committee have never understood their intended purpose. 3)There is no indication why this committee needs two non-voting city council members. a.Two non-voting city council members means that no other member of council may appear to hear discussion on any particular matter unless they notify the City Manager in advance to avoid a violation of Open Meetings Law. b.A single liaison can fulfill a liaison’s role: to make a report regarding applicable city council information and carry information back to city council regarding matters of which city council should be made aware. Page 39 of 137 10 Proposed by Committee: The Committee will be comprised of seven members appointed by City Council, who shall be citizens-at-large. The City Manager shall appoint one member of city staff to serve as the recording secretary, and one member of the police department staff to provide technical information regarding the regulatory processes subject to review by the Committee. At the Manager’s discretion a single individual may provide both services to the Committee. One member of the City Council may serve as a council liaison to the Committee. 2-10-3: - Terms of Members. Members will be appointed to overlapping terms of two years. The City Council shall make appointments to fill vacancies for unexpired terms. (Code 1985, § 2-10-3) Proposed Update. None. Proposed by Committee: No change 2-10-4: - Compensation. A.The members of the Committee shall serve without compensation. B.Reasonable expenses directly related to performing the duties of the Committee shall be allowed. (Code 1985, § 2-10-4) Proposed Update. None Proposed by Committee: No change 2-10-3 : - Powers and Duties. The Code Enforcement Advisory Committee shall have the following powers and duties: A.Conduct a comprehensive review of Municipal ordinances intended to prevent or abate situations that are deemed detrimental to the health, safety and welfare of the community as provided primarily in Title 15 of this Code. The Committee shall make recommendations to the City Council for the addition, deletion and revision of ordinances. (Code 1985, § 2-10-5) 2-10-5(A) NOTES: This provision vaguely suggests the scope of the CEAC’s authority. It should be clarified. Page 40 of 137 10 Proposed Update. A.Conduct a comprehensive review of Municipal ordinances Chapters 2, 6, 7, 8, 9, 10, 11, 12, 13, 14, and 15 of Title 15 of the Englewood Municipal Code. The City Council may, at their discretion, direct the Committee to review other Chapters of the Code intended to prevent or abate situations that are deemed detrimental to the health, safety and welfare of the community as provided primarily in Title 15 of this Code. The Committee shall make recommendations to the City Council for the addition, deletion and revision of ordinances. Proposed by Committee: No change 2-10-5: Powers and Duties. The Code Enforcement Advisory Committee shall have the following powers and duties: B.Review the processes, procedures and administrative functions of the Neighborhood Services Division. Make recommendations to the City Manager or his/her designee for improvements. (Code 1985, § 2-10-5) Proposed Update. B.Review the processes, procedures and administrative functions of the Neighborhood Services Division Code Enforcement when directed by the City Manager. Make recommendations to the City Manager, or his/her designee, for improvements. Proposed by Committee: B. Review the processes, procedures and administrative functions of the Code Enforcement Division when directed by the City Manager. Make recommendations to the City Manager, or his/her designee, for improvements. 2-10-5: Powers and Duties. The Code Enforcement Advisory Committee shall have the following powers and duties: C.Establish enforcement priorities for City staff to follow to assure protection of the community utilizing the resources provided. Make recommendations to the City Manager or his/her designee for adjustments to City staff and other resources 2-10-5(B) NOTES: This provision should be updated, and the relationship to the City Manager clarified. Page 41 of 137 10 based on the needs of the community. (Code 1985, § 2-10-5) Proposed Update. C.Seek input from members of the community regarding Establish enforcement priorities for City staff those Chapters of the Code intended to prevent or abate situations that are deemed detrimental to the health, safety and welfare of the community to follow to assure protection of the community so as to utilize utilizing the resources provided in a manner that meets the current needs of the community. Make annual written recommendation reports to the City Manager, or his/her designee, for adjustments to City staff and other resources based on the needs of the community enforcement priorities. Proposed by Committee: C. Seek input from members of the community regarding enforcement priorities for those Chapters of the Code intended to prevent or abate situations that are deemed detrimental to the health, safety and welfare of the community to so as to utilize the resources provided in a manner that meets the current needs of the community. Make annual written recommendation to all stakeholders, or his/her designee for enforcement priorities. as needed but no less than annually. 2-10-5 : Powers and Duties. The Code Enforcement Advisory Committee shall have the following powers and duties: D.Act as a conduit of communication between the City and the community, and gather and assess the information necessary to make sound recommendations to the City for service delivery. (Code 1985, § 2-10-5) 2-10-5(C) NOTES: This provision should be updated, and the relationship to the community clarified. The provision needs to make it clear that members of the CEAC do not serve in a code enforcement role, and should not be directly contacted in lieu of contacting the code enforcement department. 2-10-5(D): - NOTES: This provision should be updated, and the relationship to the City Council clarified. Page 42 of 137 10 Proposed Update. D. Act as a conduit of communication between the City Council, City Manager, and the community, and gather and assess the information necessary to make sound recommendations to the City Council for service delivery. Provide written reports and/or recommendations to the City Council regarding the responsibilities set forth in A, B, and C above through the assigned City Council liaison as needed. Annually meet with the City Council to receive direction from the City Council on those Chapters of the Code intended to prevent or abate situations that are deemed detrimental to the health, safety and welfare of the community which the City Council would like the Committee to focus. Proposed by Committee: D. Act as a conduit of communication between the City Council, City Manager, and the community, and gather and assess the information necessary to make sound recommendations to the City Council for service delivery. Provide written reports and/or recommendations to the City Council regarding the responsibilities set forth in A, B, and C above through the assigned City Council liaison as needed. Annually meet with the City Council to receive direction from the City Council on those Chapters of the Code intended to prevent or abate situations that are deemed detrimental to the health, safety and welfare of the community upon which the City Council would like the Committee to focus. 2-10-6 : - Appointment of Officers and Adoption of Rules. A.The Committee shall organize, adopt administrative rules and procedures and elect from its members such officers as it shall deem necessary to accomplish its purposes. Officers of the Committee shall be elected for one-year terms. No officer shall serve in the same capacity for more than two consecutive terms. B.The chairperson may appoint such standing or special subcommittees from the membership of the Committee as the Committee shall determine necessary or useful in carrying out its purposes and powers. The purpose, term and members of each subcommittee shall be determined by the chairperson. (Code 1985, § 2-10-6) 2-10-6 NOTES: This provision should be updated, and the relationship to the City Manager and the City’s personnel clarified. Page 43 of 137 10 Proposed Update. Appointment of Officers and Adoption of General Rules. A.The Committee shall organize, adopt administrative rules and procedures and elect from its members such officers as it shall deem necessary to accomplish its purposes. Officers of the Committee shall be elected for one-year terms. No officer shall serve in the same capacity for more than two consecutive terms. B.The chairperson may appoint such standing or special subcommittees from the membership of the Committee as the Committee shall determine necessary or useful in carrying out its purposes and powers. The purpose, term and members of each subcommittee shall be determined by the chairperson. C.The Members of the Committee shall interact with code enforcement personnel solely and directly through the City Manager, and the Committee shall neither dictate the employment status, nor direct or interfere with the work of any officer or employee under the City Manager, either publicly or privately. Proposed by Committee: No change 2-10-7 : - Reserved. Editor's note— Ord. No. 00-9, § 2, adopted March 6, 2000, repealed Section 2-10-7 in its entirety. Former Section 2-10-7 pertained to a sunset provision and derived from the Code of 1985, § 2-10-7. Page 44 of 137 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Erik Sampson, Wade Burkholder DEPARTMENT: Community Development DATE: October 7, 2019 SUBJECT: Public Hearing - Short Term Rental Ordinance DESCRIPTION: Public Hearing - 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 as follows: • Chapter 5, Use Regulations/Table of Allowed Uses in relation to Short Term Rentals o Add STRs as a visitor accommodation in residential and mixed-use zone districts; • Chapter 5, Section 6, Subsection 6: Add STR regulations including Purpose, Eligibility, Application Procedures and Permitting Requirements, Operating Standards, Revocation of STR Permits, Enforcement, and Definitions; • Chapter 6, Minimum Off-Street Vehicle Parking Ratios (Table 16-6-4.1): Add parking requirements for STRs; and • Chapter 11, Definitions: Include all definitions established by the STR Ordinance. Following such hearing, the Council may approve, deny, or modify the proposed amendment. PREVIOUS COUNCIL ACTION: City Council held two Study Sessions to discuss Short Term Rentals (STR). The first was held July 15, 2019 where staff presented the draft regulations and provided information on the Planning and Zoning Commission public hearing. The second was held August 26, 2019 when staff presented information regarding the enforcement of STRs and discussed the potential of hiring a third-party monitoring and compliance company. Page 45 of 137 SUMMARY: 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 • 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. 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 provid e 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 Page 46 of 137 hotels, there are no regulations which apply to STRs. Short term rentals are not currently allowed in Englewood, however, at any given time of year there are a number of Englewood properties listed on short term rental websites. The draft regulations to permit STRs to operate within the City, while limiting potential neighborhood impacts, are attached. 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: R1A, R1B, R1C, R2A, R2B, MUR3A, MUR3B, MUR3C, MUB1, MUB2. The proposed regulations would allow for STRs in all of those districts. Certain updates to language within the existing Chapter 16 would be necessary to avoid conflict between these proposed regulations and existing portions of the Englewood Code, including sections 16-11- 1(D)(3)(c); 16-11-1(D)(1)(d); 16-11-1(F)(18) and 16-11-2. If an STR Ordinance is adopted, staff recommends current STR operators be given a grace period in which to become compliant with the new Ordinance. No existing STR operation would be exempted from complying with these regulations. All STRs lawfully established within the City of Englewood would be required to become compliant with these regulations through the established process. The Ordinance would also grant the City authority to revoke STR permits when properties are not in compliance with the approved and adopted regulations. Finally, it should be noted that a Short Term Rental Ordinance would provide the City with the means to monitor the number of lawfully established STRs. Allowed Zone Districts STRs would be allowed in the following Residential, Multi-Use, and Medical zone districts: • R-1-A, R-1-B, R-1-C: Single Unit Residential • R-2-A, R-2-B: Low to Mid Density Single and Multi -Dwelling Unit Residential • MU-R-3-A, MU-R-3-B,MU-R-3-C: Mixed Use Low to Medium Density Residential and Limited Office • M-1, M-2: Mixed Use Medical, Office, High Density Residential, 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; Page 47 of 137 • 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, 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: • A residence used as a STR shall be the primary residence of the legal owner; • Accessory Dwelling Units (ADUs) may be used as an STR. However, only the residence OR the ADU may be granted a STR permit; both structures may not be permitted concurrently; • STRs shall not exceed two adults per bedroom and may not exceed a maximum of eight occupants; • STRs 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 STRs 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: Page 48 of 137 • 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 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 Page 49 of 137 The City will be entering into a contract shortly with LodgingRevs to monitor and provide staff assistance with enforcement of Short Term Rentals. 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. Obj. Live-1.1: Allow for housing that meets the needs of all income groups, including appropriate type and location of housing. Obj. 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. Obj. Work-2.2: Create and maintain workforce housing meeting the needs of both employers and employees. ANALYSIS: The City's Zoning Code 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 are operating lawfully. Amendments to the text of Title 16 are appropriate when "[e]vents, 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 "[w]henever 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 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 Page 50 of 137 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: Short Term Rental Ordinance Affidavit and Checklist Draft Colorado STR Community Comparison Page 51 of 137 1 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. 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; Page 52 of 137 2 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: 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. Page 53 of 137 3 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. 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 supervise 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 Page 54 of 137 4 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 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 Page 55 of 137 5 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; 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. 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 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. Page 56 of 137 6 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. 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 Title 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 of the provisions of this Title. 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. Page 57 of 137 7 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, condominium, accessory dwelling unit (“ADU”) or similar dwelling. The term Short Term Rental also includes and applies to “vacation rentals”. Page 58 of 137 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 59 of 137 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 60 of 137 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 April2019 Page 61 of 137 Page 62 of 137 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 2019 Page 63 of 137 "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 01Wd9;)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 64 of 137 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Darren Hollingsworth DEPARTMENT: Community Development DATE: October 7, 2019 SUBJECT: CB 39 - IGA with Aurora-South Small Business Development Center DESCRIPTION: CB 39 - IGA with Aurora-South Small Business Development Center RECOMMENDATION: Staff recommends that City Council approve on First Reading an Intergovermental Agreement with the Aurora-South Metro Small Business Development Center (SBDC) to provide training, business seminars, one-on-one consulting, and offer the Leading Edge program in Englewood all to benefit Englewood's entrepreneurs and small business owners. In the furtherance of the goal of enhancing economic vitality and supporting entrepreneurs in Englewood, contracting with the Aurora-South Metro Small Business Development Center has enhanced Englewood's for assistance technical training access and opportunities to entrepreneurs and small business owners. PREVIOUS COUNCIL ACTION: On November 7, 2016, City Council approved Council Bill 41 authorizing an Intergovernmental Agreement with the Aurora-Small Business Development Center that created a three-year partnership to support Englewood's entrepreneurs and small business owners through the end of 2019. SUMMARY: The SBDC provides technical assistance and advanced small business services at the local level by offering training, seminars, one-on-one consulting, and offering the Leading Edge Program in Englewood. The programs and services offered by the SBDC are interconnecte d with Englewood’s economic development initiatives and are integral to Englewood’s economic development program. Grant recipients for the City’s business initiation grant and business acceleration grant must participate in the SBDC’s business planning wo rkshops or training to be eligible for funding assistance. The Executive Director of the SBDC provides annual updates to City Council about the economic impacts of the program in Englewood. ANALYSIS: For the past three years, the City of Englewood has successfully partnered with the Aurora - South Metro Small Business Development Center to perform key services for businesses in Page 65 of 137 Englewood. The existing agreement will expire at the end of 2019. The draft ordinance would approve extending the City's partnership with the SBDC for an additional three years. FINANCIAL IMPLICATIONS: The City will host SBDC events in municipal facilities at no cost to the Aurora -South Small Metro Business Development Center. Providing such facilities is a non-cash contribution to the SBDC. Additionally, as a sponsor of the SBDC, the City of Englewood will provide an annual contribution of $20,000 for a three-year sponsorship period to support the program and provide training, business seminars, one-on-one consulting, and offer the Leading Edge Program in Englewood. The partnership period is 2020, 2021, and 2022 and may be terminated pursuant to the agreement if funding is not allocated for this program. ATTACHMENTS: Council Bill 39 Intergovernmental Agreement Page 66 of 137 1 BY AUTHORITY ORDINANCE NO. ____ COUNCIL BILL NO. 39 SERIES OF 2019 INTRODUCED BY COUNCIL MEMBER ________________ A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND AURORA-SOUTH METRO SMALL BUSINESS DEVELOPMENT CENTER TO PERFORM SMALL BUSINESS SEMINARS, ONE-ON-ONE CONSULTING, AND OFFER THE LEADING EDGE PROGRAM IN THE CITY OF ENGLEWOOD. WHEREAS, in the furtherance of enhancing economic vitality and supporting entrepreneurs, the City of Englewood desires to contract with Aurora-South Small Business Development Center (SBDC) to perform a variety of activities that will enhance training opportunities for entrepreneurs and small business owners; WHEREAS, Englewood previously entered into a three-year sponsorship agreement with the SBDC to provide technical assistance and advanced small business services at the local level. The programs and services offered by the SBDC are interconnected with Englewood’s economic development initiatives and integral to Englewood’s economic development program; WHEREAS, the SBDC will provide training, business seminars, one-on-one consulting, and offer the Leading Edge Program in Englewood; WHEREAS, grant recipients for the City’s business initiation grant and business acceleration grant must participate in the SBDC’s business planning workshops or training to be eligible for funding assistance; WHEREAS, the City will host these events in municipal facilities at no cost to the Aurora- South Small Business Development Center (SBDC), which is a non-cash contribution; and WHEREAS, as a sponsor of the SBDC, the City of Englewood will provide an annual contribution of $ 20,000 for a three-year sponsorship period to support the program and provide training, business seminars, one-on-one consulting, and offer the Leading Edge Program in Englewood. 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, Colorado hereby authorizes the Intergovernmental Agreement (IGA) between the Aurora-South Metro Small Business Development Center (SBDC) and the City of Englewood, as attached hereto as Exhibit A. Page 67 of 137 2 Section 2. The Mayor and City Clerk are authorized to execute and attest said Intergovernmental Agreement for and on behalf of the City of Englewood. Introduced, read in full, and passed on first reading on the 7th day of October, 2019. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 10th day of October, 2019. Published as a Bill for an Ordinance on the City’s official website beginning on the 9th day of October, 2019 for thirty (30) days. 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 Ordinance introduced, read in full, and passed on first reading on the 7th day of October, 2019 Stephanie Carlile Page 68 of 137 1 INTERGOVERNMENTAL AGREEMENT THIS AGREEMENT is made this ______ day of __________, 2019, by and between the Aurora- South Metro Small Business Development Center (SBDC) and the City of Englewood, Colorado, a municipal corporation. WHEREAS, in furtherance of enhancing economic vitality and supporting entrepreneurs, the City of Englewood, Colorado desires to contract with Aurora-South Small Business Development Center to perform small business consultations, technical assistance, training, and workshops at Englewood Civic Center; and WHEREAS, the services provided by the Aurora-South Small Business Development Center are integral to Englewood's economic development program; and WHEREAS, participants in the grant initiatives offered by the City of Englewood are required to participate in the workshops, training, or consulting as offered by the Aurora- South Small Business Development Center; and WHEREAS, the parties desire to enter into an agreement by describing the relationship between the Aurora-South Metro Small Business Development Center and the City of Englewood regarding services that the Aurora-South Metro Small Business Development Center will perform for the City; and NOW, THEREFORE, in consideration of the covenants and promises contained herein, the sufficiency of which is acknowledged by the parties, the parties agree as follows: 1. Aurora-South Metro Small Business Development Center will provide 8 to 10 workshops, seminars, or events annually (based on local priorities). Examples include: Small Business Startup Workshops, Small Business Resource and Lenders Expo, Small Business Saturday support, industry/sector focused workshops such as the Annual Manufacturing Day event, Englewood Creates event, or Starting Your Retail Food Establishment workshop. 2. Aurora-South Metro Small Business Development Center will provide free and confidential, individualized, one-on-one Consulting/Technical Assistance (based on demand). 3. Aurora-South Metro Small Business Development Center will provide the Leading Edge Strategic Planning Series in Englewood every other year. 4. Aurora-South Metro Small Business Development Center will provide Executive Director Leadership; a Director will attend meetings, sit on committee/boards for economic development, and attend events and strategy meetings on an as needed basis. Page 69 of 137 2 5. The Executive Director of the Aurora-South Metro Small Business Development Center will provide an annual update to the Englewood City Council regarding the economic impacts of the Program in Englewood. 6. Aurora-South Metro Small Business Development Center will provide Marketing and Promotion, Press Announcements for new sponsorship, Website presence on both the City of Englewood and Aurora-South Metro Small Business Website (links to each other's website), a monthly e-newsletter presence with one Featured Story annually, a Social Media Presence (stories and events information), a Flyer and Brochure presence, seat on the Denver South Business Resource Partnership, coordination with the Englewood Chamber of Commerce - Integration in marketing efforts, and the City of Englewood marketing tactics. 7. The City of Englewood will have a Summit Level Sponsorship, which is appropriate for corporate, governmental (city and county level), educational and financial institutions at a cost of $20,000 annually. 8. The City of Englewood agrees to a three (3) year commitment for the years 2020, 2021 and 2022 to sponsor the services provided to the City from the Aurora-South Metro SBDC. A three (3} year commitment is required as SBA budgets and capacity building plans cover this time frame. The parties understand and acknowledge that each party is subject to Article X, § 20 of the Colorado Constitution ("Tabor"). The parties do not intend to violate the terms and requirements of TABOR by the execution of this Agreement. It is understood and agreed that this Agreement does not create a multi-fiscal year direct or indirect debt or obligation within the meaning of TABOR and, notwithstanding anything in this Agreement to the contrary, all payment obligations of the City are expressly dependent and conditioned upon the continuing availability of funds beyond the term of the City's current fiscal period ending upon the next succeeding December 31. Financial obligations of the City payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available in accordance with the rules, regulations, and resolutions of the City and applicable law. Upon the failure to appropriate such funds, this Agreement shall be deemed terminated. 9. Upon receipt of an invoice from the Aurora-South Metro Small Business Development Center, the City of Englewood agrees to pay their sponsorship funding based on the schedule below. Due Date: $10,000 on January 15th annually $10,000 on August 20th annually. Total Annual Sponsorship Level: $20,000 Three-year sponsorship period: 2020, 2021 and 2022. 10. Termination. This Agreement may be terminated by either party with a 30-day written notice, in which case the Aurora-South Metro Small Business Development Center will provide to the City a final billing for time and materials or other related expenses within 30 days of the termination date of this Agreement. Page 70 of 137 IN WITNESS WHEREOF,the Aurora-South Metro Small Business Development Center and the City of Englewood,Colorado have executed this Agreement as of the day,month and year first above written. CITY OF ENGLEWOOD By Linda Olson,Mayor ATTEST: By Stephanie Carlile,City Clerk AURORA-SOUTH METRO SMALL BUSINESS DEVELOPMENT CENTER By J Marcia McGil|ey SBDC Executive Director V’ ATTEST: B Leslie Epperson Administrative Specialist Page 71 of 137 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Maria Sobota DEPARTMENT: Finance & Administrative Services DATE: October 7, 2019 SUBJECT: CB 43 - 2020 Budget Ordinance - Budget DESCRIPTION: CB 43 - 2020 Budget Ordinance - Budget RECOMMENDATION: Staff recommends City Council approve the proposed bills for the following ordinances: • 2020 City of Englewood Budget PREVIOUS COUNCIL ACTION: City Council has been provided the following opportunities at Study Sessions, Workshops, and a Public Hearing held at a Regular Meeting to review the preliminary 2020 operating and capital budgets and to provide input to Staff: • September 23, 2019 - Proposed 2020 Budget Workshop to Finalize Changes • September 16, 2019 - Public Hearing • September 9, 2019 - All Other Funds Discussion • August 12, 2019 - General Fund Department Requests • August 5, 2019 - Budget Priorities Discussion • May 11, 2019 - Proposed Department Operations / Capital Requests • April 22, 2019 - Preliminary Capital Requests • April 8, 2019 - Community Vision Workshop • March 25, 2019 - Revenue and Expenditure Forecasts and Assumptions • February 19, 2019 - 2020 Budget Preview SUMMARY: The Charter of the City of Englewood requires the City Council to adopt the next year's Budget and Appropriation Ordinances no later than thirty days prior to the first day of the next fiscal year to ensure there is legal authority to expend funds. (Article X, Part I, Section 90) The City of Englewood 2020 Budget was developed over the past several months with significant collaboration between the City Council, and City staff. This year's budget process leveraged our collective capacity to deliver quality city services, enhance public safety, and reinvigorated our existing city infrastructure. Despite our fiscal challenges, this budget maintains our commitments through 2020. However, continued long-term planning and prioritization with the City Council and community is necessary to ensure sustainability into the future. ANALYSIS: Page 72 of 137 The City of Englewood 2020 Budget is a balanced budget, as required by City Charter and Resolution No. 51, Series 2016. This means that across all funds, the City's Revenues in addition to the beginning Fund Balance meet or exceed the City's Expenditures. The estimated ending Governmental Fund Balances for 2020 is $23,183,765. The estimated ending Proprietary Funds Available Balances for 2020 is $21,807,466. The City's Funds are detailed in the attached Table 1 - 2020 Consolidated Budget Summary Sources and Uses by Fund. FINANCIAL IMPLICATIONS: Please review the attached Table 1 - 2020 Consolidated Budget Summary Sources and Uses by Fund. ALTERNATIVES: Per the Englewood City Charter (Article X, Part I, Section 90), Council shall adopt a bill for the Budget and a bill for the Appropriation no less than thirty days prior to the first day of the next fiscal year. CONCLUSION: Staff supports this 2019 Budget and is looking forward to Council direction in addressing future budgets. ATTACHMENTS: Council Bill #42 - 2020 Appropriation Council Bill #43 - 2020 Budget Council Bill #44 - 2020 Mill Levy Council Bill #45 - 2020 SPWRP Appropriation Council Bill #46 - 2020 SPWRP Budget Table 1 - 2020 Consolidated Budget Summary Sources and Uses by Fund Mill Levy Example of a $400k and $100k Residence Page 73 of 137 City of Englewood, Colorado 2020 Consolidated Budget Summary Sources and Uses By Fund Governmental Fund Types Estimated Beginning Balance Sources of Funds Uses of Funds Estimated Ending Balance Reserves Estimated Ending Balance Net of Reserves General Fund 19,240,667 53,089,689 53,089,689 19,240,667 6,734,869 12,505,798 Special Revenue Funds Conservation Trust Fund 290,066 315,000 318,000 287,066 - 287,066 Donors Fund 652,209 74,085 488,060 238,234 - 238,234 Malley Center Trust Fund 203,947 3,000 35,000 171,947 - 171,947 Parks & Recreation Trust Fund 460,383 2,500 20,000 442,883 - 442,883 Open Space Fund 793,799 1,305,000 860,150 1,238,649 - 1,238,649 Total Special Revenue Funds 2,400,404 1,699,585 1,721,210 2,378,779 - 2,378,779 Debt Service Fund General Obligation Bond Fund 61,782 1,117,000 1,116,800 61,982 - 61,982 Police HQ GO Bond 1,024,030 1,702,500 2,218,513 508,017 - 508,017 Total Debt Service Fund 1,085,812 2,819,500 3,335,313 569,999 - 569,999 Capital Projects Funds Public Improvement Fund 3,354,873 3,865,000 6,868,709 351,164 - 351,164 Capital Projects Fund 1,063,456 705,000 1,284,700 483,756 - 483,756 Police HQ Construction Fund 2,275,000 65,000 2,180,600 159,400 - 159,400 Total Capital Projects Funds 6,693,329 4,635,000 10,334,009 994,320 - 994,320 Total Governmental Funds 29,420,212 62,243,774 68,480,221 23,183,765 6,734,869 16,448,896 Proprietary Fund Types Estimated Beginning Balance Sources of Funds Uses of Funds Estimated Ending Balance Reserves Estimated Ending Balance Net of Reserves Enterprise Funds Water Fund 15,285,422 8,790,323 12,095,507 11,980,238 - 11,980,238 Sewer Fund 4,381,437 19,044,963 22,422,835 1,003,565 - 1,003,565 Stormwater Drainage Fund 530,178 682,514 963,969 248,723 - 248,723 Golf Course Fund 1,365,524 2,312,800 2,278,064 1,400,260 - 1,400,260 Concrete Utility Fund 820,486 872,600 996,622 696,464 - 696,464 Housing Rehabilitation Fund 670,376 142,200 397,800 414,776 - 414,776 Total Enterprise Funds 23,053,423 31,845,400 39,154,797 15,744,026 - 15,744,026 Internal Service Funds Central Services Fund - - - - - - ServiCenter Fund 2,516,902 2,253,513 2,279,204 2,491,211 - 2,491,211 Capital Equipment Replacement Fund 2,724,598 844,962 2,222,987 1,346,573 - 1,346,573 Risk Management Fund 1,333,604 1,500,852 1,469,704 1,364,752 - 1,364,752 Employee Benefits Fund 485,483 7,043,208 6,667,787 860,904 - 860,904 Total Internal Service Funds 7,060,587 11,642,535 12,639,682 6,063,440 - 6,063,440 Total Proprietary Funds 30,114,010 43,487,935 51,794,479 21,807,466 - 21,807,466 Total All Funds 59,534,222 105,731,709 120,274,700 44,991,231 6,734,869 38,256,362 Page 74 of 137 City of Englewood, Colorado - Property Tax Calculation 2019 Mill Levy 2019 Mill Levy Payable in 2020 Payable in 2020 Market Value A 400,000$ 100,000$ Assessment Ratio B 7.15% 7.15% Assessed Value C = A * B 28,600$ 7,150$ General Operations Mill Levy D 5.880 5.880 Mill Levy Per Dollar E 0.001$ 0.001$ Taxes Paid for General Fund Operations F = C * D * E 168.17$ 42.04$ Market Value A 400,000$ 100,000$ Assessment Ratio B 7.15% 7.15% Assessed Value C = A * B 28,600$ 7,150$ General Operations Mill Levy D 1.401 1.401 Mill Levy Per Dollar E 0.001$ 0.001$ Taxes Paid for General Obligation Bonds-Recreation F = C * D * E 40.07$ 10.02$ Market Value A 400,000$ 100,000$ Assessment Ratio B 7.15% 7.15% Assessed Value C = A * B 28,600$ 7,150$ General Operations Mill Levy D 2.157 2.157 Mill Levy Per Dollar E 0.001$ 0.001$ Taxes Paid for General Obligation Bonds-Police Headquarters F = C * D * E 61.69$ 15.42$ Market Value A 400,000$ 100,000$ Assessment Ratio B 7.15% 7.15% Assessed Value C = A * B 28,600$ 7,150$ General Operations Mill Levy D 9.438 9.438 Mill Levy Per Dollar E 0.001$ 0.001$ Total Property Taxes Paid to City of Englewood F = C * D * E 269.93$ 67.48$ Page 75 of 137 1/8 BY AUTHORITY ORDINANCE NO. ____ COUNCIL BILL NO. 43 SERIES OF 2019 INTRODUCED BY COUNCIL MEMBER A BILL FOR AN ORDINANCE ADOPTING THE BUDGET OF THE CITY OF ENGLEWOOD, COLORADO, FOR FISCAL YEAR 2020. WHEREAS, pursuant to the provisions of Part I, Article X, of the Charter of the City of Englewood, Colorado, a budget for fiscal year 2020 was duly submitted by the City Manager to the City Council on September 9, 2019; and WHEREAS, a public hearing on said budget was held by the City Council within three weeks after its submission at the meeting of the City Council on September 16, 2019. Regular notice of the time and place of said hearing was published within seven days after submission of the budget in the manner provided in the Charter for the publication of an ordinance; and WHEREAS, the City Council of the City of Englewood has studied and discussed the budget on numerous occasions; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. That the budget of the City of Englewood, Colorado, for fiscal year 2020, as submitted by the City Manager, duly considered by the City Council and with changes made by the City Manager to reflect Council discussion after public hearing, is adopted as the budget for the City of Englewood for the fiscal year 2020. [remainder of page intentionally left blank] Page 76 of 137 2/8 Section 2. GENERAL FUND 2020 BUDGET Total Fund Balance, January 1, 2020 19,240,667$ REVENUES Sales/Use Tax 32,649,281$ Property and Specific Ownership Tax 5,129,000$ Franchise/Occupation/Cigarette/Hotel Tax 3,675,000$ Licenses/Permits 1,461,943$ Intergovernmental Revenue 1,234,353$ Charges for Services 3,008,811$ Cultural & Recreation 2,714,142$ Fines & Forfeitures 707,100$ Interest 304,946$ Contribution from Component Units 1,643,000$ Other 435,099$ Total Revenues 52,962,675$ Other Financing Sources 127,014$ Total Sources of Funds 53,089,689$ EXPENDITURES Legislation 334,808$ City Manager's Office 8,457,201$ City Attorney's Office 959,114$ Municipal Court 1,262,559$ Humman Resources 1,476,657$ Finance and Administrative Services 1,568,044$ Information Technology 3,439,345$ Community Development 2,842,103$ Public Works 7,169,062$ Police 14,646,315$ Parks, Recration and Library Services 8,245,605$ Communications 694,073$ Contingencies 428,691$ Debt Service 1,566,112$ Total Expenditures 53,089,689$ Other Financing Uses -$ Total Uses of Funds 53,089,689$ Total Fund Balance, December 31, 2020 19,240,667$ Page 77 of 137 3/8 Section 3. SPECIAL REVENUE FUNDS Conservation Trust Fund Fund Balance, January 1, 2020 290,066$ Revenues 315,000$ Expenditures 318,000$ Fund Balance, December 1, 2020 287,066$ Donors Fund Fund Balance, January 1, 2020 652,209$ Revenues 74,085$ Expenditures 488,060$ Fund Balance, December 1, 2020 238,234$ Parks and Recreation Trust Fund Fund Balance, January 1, 2020 460,383$ Revenues 2,500$ Expenditures 20,000$ Fund Balance, December 1, 2020 442,883$ Malley Center Trust Fund Fund Balance, January 1, 2020 203,947$ Revenues 3,000$ Expenditures 35,000$ Fund Balance, December 1, 2020 171,947$ Open Space Fund Fund Balance, January 1, 2020 793,799$ Revenues 1,305,000$ Expenditures 860,150$ Fund Balance, December 1, 2020 1,238,649$ Page 78 of 137 4/8 Section 4. DEBT SERVICE FUNDS Recreation General Obligation Bonds Fund Balance, January 1, 2020 61,782$ Revenues 1,117,000$ Expenditures 1,116,800$ Fund Balance, December 1, 2020 61,982$ Police HQ General Obligation Bonds Fund Balance, January 1, 2020 1,024,030$ Revenues 1,702,500$ Expenditures 2,218,513$ Fund Balance, December 1, 2020 508,017$ Page 79 of 137 5/8 Section 5. CAPITAL PROJECT FUNDS Public Improvement Fund Fund Balance, January 1, 2020 3,354,873$ Revenues 3,865,000$ Expenditures 6,041,695$ Transfers Out 827,014$ Fund Balance, December 1, 2020 351,164$ Capital Projects Fund Fund Balance, January 1, 2020 1,063,456$ Revenues 5,000$ Expenditures 1,284,700$ Transfer In 700,000$ Fund Balance, December 1, 2020 483,756$ Police HQ Construction Fund Fund Balance, January 1, 2020 2,275,000$ Revenues 65,000$ Expenditures 2,180,600$ Fund Balance, December 1, 2020 159,400$ Page 80 of 137 6/8 Section 6. ENTERPRISE FUNDS Water Fund Fund Balance, January 1, 2020 15,285,422$ Revenues 8,790,323$ Expenditures 12,095,507$ Fund Balance, December 1, 2020 11,980,238$ Sewer Fund Fund Balance, January 1, 2020 4,381,437$ Revenues 19,044,963$ Expenditures 22,422,835$ Fund Balance, December 1, 2020 1,003,565$ Storm Drainage Fund Fund Balance, January 1, 2020 530,178$ Revenues 682,514$ Expenditures 963,969$ Fund Balance, December 1, 2020 248,723$ Golf Course Fund Fund Balance, January 1, 2020 1,365,524$ Revenues 2,312,800$ Expenditures 2,278,064$ Fund Balance, December 1, 2020 1,400,260$ Concrete Utility Fund Fund Balance, January 1, 2020 820,486$ Revenues 872,600$ Expenditures 996,622$ Fund Balance, December 1, 2020 696,464$ Housing Rehabilitation Fund Fund Balance, January 1, 2020 670,376$ Revenues 142,200$ Expenditures 397,800$ Fund Balance, December 1, 2020 414,776$ Page 81 of 137 7/8 Section 7. INTERNAL SERVICE FUNDS Servicenter Fund Fund Balance, January 1, 2020 2,516,902$ Revenues 2,253,513$ Expenditures 2,279,204$ Fund Balance, December 1, 2020 2,491,211$ Capital Equipment Replacement Fund Fund Balance, January 1, 2020 2,724,598$ Revenues 844,962$ Expenditures 2,222,987$ Fund Balance, December 1, 2020 1,346,573$ Risk Management Fund Fund Balance, January 1, 2020 1,333,604$ Revenues 1,500,852$ Expenditures 1,469,704$ Fund Balance, December 1, 2020 1,364,752$ Employee Benefits Fund Fund Balance, January 1, 2020 485,483$ Revenues 7,043,208$ Expenditures 6,667,787$ Fund Balance, December 1, 2020 860,904$ Page 82 of 137 8/8 Section 8. That the said budget shall be a public record in the office of the City Clerk and shall be open to public inspection. Sufficient copies thereof shall be made available for the use of the City Council and the public, the number of copies to be determined by the City Manager. Introduced, read in full, and passed on first reading on the 7th day of October, 2019. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 10th day of October, 2020. Published as a Bill for an Ordinance on the City’s official website beginning on the 9th day of October, 2019 for thirty (30) days. 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 Ordinance introduced, read in full, and passed on first reading on the 7th day of October, 2019. Stephanie Carlile Page 83 of 137 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Maria Sobota DEPARTMENT: Finance & Administrative Services DATE: October 7, 2019 SUBJECT: CB 42 - 2020 Budget Ordinance - Budget Appropriations DESCRIPTION: CB 42 - 2020 Budget Ordinance - Budget Appropriations RECOMMENDATION: Staff recommends City Council approve the proposed bills for the following ordinances: • 2020 City of Englewood Budget Appropriations PREVIOUS COUNCIL ACTION: City Council has been provided the following opportunities at Study Sessions, Workshops, and a Public Hearing held at a Regular Meeting to review the preliminary 2020 operating and capital budgets and to provide input to Staff: • September 23, 2019 - Proposed 2020 Budget Workshop to Finalize Changes • September 16, 2019 - Public Hearing • September 9, 2019 - All Other Funds Discussion • August 12, 2019 - General Fund Department Requests • August 5, 2019 - Budget Priorities Discussion • May 11, 2019 - Proposed Department Operations / Capital Requests • April 22, 2019 - Preliminary Capital Requests • April 8, 2019 - Community Vision Workshop • March 25, 2019 - Revenue and Expenditure Forecasts and Assumptions • February 19, 2019 - 2020 Budget Preview SUMMARY: The Charter of the City of Englewood requires the City Council to adopt the next year's Budget and Appropriation Ordinances no later than thirty days prior to the first day of the next fiscal year to ensure there is legal authority to expend funds. (Article X, Part I, Section 90) The City of Englewood 2020 Budget was developed over the past several months with significant collaboration between the City Council, and City staff. This year's budget process leveraged our collective capacity to deliver quality city services, enhance public safety, and reinvigorated our existing city infrastructure. Despite our fiscal challenges, this budget maintains our commitments through 2020. However, continued long-term planning and prioritization with the City Council and community is necessary to ensure sustainability into the future. ANALYSIS: Page 84 of 137 The City of Englewood 2020 Budget is a balanced budget, as required by City Charter and Resolution No. 51, Series 2016. This means that across all funds, the City's Revenues in addition to the beginning Fund Balance meet or exceed the City's Expenditures. The estimated ending Governmental Fund Balances for 2020 is $23,183,765. The estimated ending Proprietary Funds Available Balances for 2020 is $21,807,466. The City's Funds are detailed in the attached Table 1 - 2020 Consolidated Budget Summary Sources and Uses by Fund. FINANCIAL IMPLICATIONS: Please review the attached Table 1 - 2020 Consolidated Budget Summary Sources and Uses by Fund. ALTERNATIVES: Per the Englewood City Charter (Article X, Part I, Section 90), Council shall adopt a bill for the Budget and a bill for the Appropriation no less than thirty days prior to the first day of the next fiscal year. CONCLUSION: Staff supports this 2019 Budget and is looking forward to Council direction in addressing future budgets. ATTACHMENTS: Council Bill #42 - 2020 Appropriation Council Bill #43 - 2020 Budget Council Bill #44 - 2020 Mill Levy Council Bill #45 - 2020 SPWRP Appropriation Council Bill #46 - 2020 SPWRP Budget Table 1 - 2020 Consolidated Budget Summary Sources and Uses by Fund Mill Levy Example of a $400k and $100k Residence Page 85 of 137 1 BY AUTHORITY ORDINANCE NO. ____ COUNCIL BILL NO. 42 SERIES OF 2019 INTRODUCED BY COUNCIL MEMBER A BILL FOR AN ORDINANCE APPROPRIATING MONIES FOR ALL MUNICIPAL PURPOSES IN THE CITY OF ENGLEWOOD, COLORADO, FOR FISCAL YEAR BEGINNING JANUARY 1, 2020, AND ENDING DECEMBER 31, 2020, CONSTITUTING WHAT IS TERMED THE ANNUAL APPROPRIATION BILL FOR FISCAL YEAR 2020. WHEREAS, a public hearing on the Proposed 2020 Budget was held September 16, 2019; and WHEREAS, the operating budgets and Multiple Year Capital Plan for all City departments and funds were reviewed at budget workshops held on August 5, August 12, August 19 and September 9; and WHEREAS, the Charter of the City of Englewood requires the City Council to adopt bills for ordinances adopting the Budget and Appropriation Ordinance no later than thirty days prior to the first day of the next fiscal year. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. That there be and there hereby is appropriated from the revenue derived from taxation in the City of Englewood, Colorado, from collection of license fees and from all other sources of revenue including available fund balances during the year beginning January 1, 2020, and ending December 31, 2020, the amounts hereinafter set forth for the object and purpose specified and set opposite thereto, specifically as follows: [remainder of page intentionally left blank] Page 86 of 137 2 GENERAL FUND GENERAL OBLIGATION BOND FUND-RECREATION Legislation 334,808$ City Manager's Office 8,457,201$ City Attorney's Office 959,114$ Municipal Court 1,262,559$ Humman Resources 1,476,657$ Finance and Administrative Services 1,568,044$ Information Technology 3,439,345$ Community Development 2,842,103$ Public Works 7,169,062$ Police 14,646,315$ Parks, Recration and Library Services 8,245,605$ Communications 694,073$ Contingencies 428,691$ Debt Service 1,439,098$ Debt Service 127,014$ Other Financing Uses -$ Total General Fund 53,089,689$ CONSERVATION TRUST FUND WATER FUND Total Conservation Trust Fund 318,000$ DONORS FUND SEWER FUND Total Donors Fund 488,060$ PARKS AND RECREATION TRUST FUND STORM DRAINAGE FUND Total Parks and RecreationTrust Fund 20,000$ MALLEY CENTER TRUST FUND GOLF COURSE FUND Total Malley Center Trust Fund 35,000$ OPEN SPACE FUND CONCRETE UTILITY FUND Total Open Space Fund 860,150$ Page 87 of 137 3 GENERAL OBLIGATION BOND FUND-RECREATION SERVICENTER FUND Total General Obligation Bond Fund 1,116,800$ GENERAL OBLIGATION BOND FUND-POLICE HEADQUARTERS CAPITAL EQUIPMENT REPLACEMENT FUND Total General Obligation Bond Fund 2,218,513$ PUBLICE IMPROVEMENT FUND RISK MANAGEMENT FUND Total Public Improvement Fund 6,868,709$ CAPITAL PROJECTS FUND EMPLOYEE BENEFITS FUND Total Capital Projects Fund 1,284,700$ POLICE HQ CONSTRUCTION FUND Total Police HQ Construction Fund 2,180,600$ WATER FUND Total Water Fund 12,095,507$ SEWER FUND Total Sewer Fund 22,422,835$ STORM DRAINAGE FUND Total Storm Drainage Fund 963,969$ GOLF COURSE FUND Total Golf Course Fund 2,278,064$ CONCRETE UTILITY FUND Total concrete Utility Fund 996,622$ HOUSING REHABILITATION FUND Total Housing Rehabilitation Fund 397,800$ Page 88 of 137 4 Section 2. The foregoing appropriations shall be considered to be appropriations to groups within a program or department within the fund indicated but shall not be construed to be appropriated to line items within any groups, even though such line items may be set forth as the adopted budget for the fiscal year 2020. Section 3. All monies in the hands of the Director of Finance and Administrative Services, or to come into the Director's hands for the fiscal year 2019, may be applied on the outstanding claims now due or to become due in the said fiscal year of 2020. Section 4. All unappropriated monies that may come into the hands of the Director of Finance and Administrative Services during the year 2019, may be so distributed among the respective funds herein as the City Council may deem best under such control as is provided by law. Section 5. During or at the close of the fiscal year of 2019, any surplus money in any of the respective funds, after all claims for 2019 against the same have been paid, may be distributed to any other fund or funds at the discretion of the City Council. Introduced, read in full, and passed on first reading on the 7th day of October, 2019. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 10th day of October, 2020. Published as a Bill for an Ordinance on the City’s official website beginning on the 9th day of October, 2019 for thirty (30) days. Linda Olson, Mayor ATTEST: Stephanie Carlile, City Clerk SERVICENTER FUND Total Servicenter Fund 2,279,204$ CAPITAL EQUIPMENT REPLACEMENT FUND Total capital Equipment Replacement Fund 2,222,987$ RISK MANAGEMENT FUND Total Risk Management Fund 1,469,704$ EMPLOYEE BENEFITS FUND Total Employee Benefits Fund 6,667,787$ Page 89 of 137 5 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 Ordinance introduced, read in full, and passed on first reading on the 7th day of October, 2019. Stephanie Carlile Page 90 of 137 City of Englewood, Colorado 2020 Consolidated Budget Summary Sources and Uses By Fund Governmental Fund Types Estimated Beginning Balance Sources of Funds Uses of Funds Estimated Ending Balance Reserves Estimated Ending Balance Net of Reserves General Fund 19,240,667 53,089,689 53,089,689 19,240,667 6,734,869 12,505,798 Special Revenue Funds Conservation Trust Fund 290,066 315,000 318,000 287,066 - 287,066 Donors Fund 652,209 74,085 488,060 238,234 - 238,234 Malley Center Trust Fund 203,947 3,000 35,000 171,947 - 171,947 Parks & Recreation Trust Fund 460,383 2,500 20,000 442,883 - 442,883 Open Space Fund 793,799 1,305,000 860,150 1,238,649 - 1,238,649 Total Special Revenue Funds 2,400,404 1,699,585 1,721,210 2,378,779 - 2,378,779 Debt Service Fund General Obligation Bond Fund 61,782 1,117,000 1,116,800 61,982 - 61,982 Police HQ GO Bond 1,024,030 1,702,500 2,218,513 508,017 - 508,017 Total Debt Service Fund 1,085,812 2,819,500 3,335,313 569,999 - 569,999 Capital Projects Funds Public Improvement Fund 3,354,873 3,865,000 6,868,709 351,164 - 351,164 Capital Projects Fund 1,063,456 705,000 1,284,700 483,756 - 483,756 Police HQ Construction Fund 2,275,000 65,000 2,180,600 159,400 - 159,400 Total Capital Projects Funds 6,693,329 4,635,000 10,334,009 994,320 - 994,320 Total Governmental Funds 29,420,212 62,243,774 68,480,221 23,183,765 6,734,869 16,448,896 Proprietary Fund Types Estimated Beginning Balance Sources of Funds Uses of Funds Estimated Ending Balance Reserves Estimated Ending Balance Net of Reserves Enterprise Funds Water Fund 15,285,422 8,790,323 12,095,507 11,980,238 - 11,980,238 Sewer Fund 4,381,437 19,044,963 22,422,835 1,003,565 - 1,003,565 Stormwater Drainage Fund 530,178 682,514 963,969 248,723 - 248,723 Golf Course Fund 1,365,524 2,312,800 2,278,064 1,400,260 - 1,400,260 Concrete Utility Fund 820,486 872,600 996,622 696,464 - 696,464 Housing Rehabilitation Fund 670,376 142,200 397,800 414,776 - 414,776 Total Enterprise Funds 23,053,423 31,845,400 39,154,797 15,744,026 - 15,744,026 Internal Service Funds Central Services Fund - - - - - - ServiCenter Fund 2,516,902 2,253,513 2,279,204 2,491,211 - 2,491,211 Capital Equipment Replacement Fund 2,724,598 844,962 2,222,987 1,346,573 - 1,346,573 Risk Management Fund 1,333,604 1,500,852 1,469,704 1,364,752 - 1,364,752 Employee Benefits Fund 485,483 7,043,208 6,667,787 860,904 - 860,904 Total Internal Service Funds 7,060,587 11,642,535 12,639,682 6,063,440 - 6,063,440 Total Proprietary Funds 30,114,010 43,487,935 51,794,479 21,807,466 - 21,807,466 Total All Funds 59,534,222 105,731,709 120,274,700 44,991,231 6,734,869 38,256,362 Page 91 of 137 City of Englewood, Colorado - Property Tax Calculation 2019 Mill Levy 2019 Mill Levy Payable in 2020 Payable in 2020 Market Value A 400,000$ 100,000$ Assessment Ratio B 7.15% 7.15% Assessed Value C = A * B 28,600$ 7,150$ General Operations Mill Levy D 5.880 5.880 Mill Levy Per Dollar E 0.001$ 0.001$ Taxes Paid for General Fund Operations F = C * D * E 168.17$ 42.04$ Market Value A 400,000$ 100,000$ Assessment Ratio B 7.15% 7.15% Assessed Value C = A * B 28,600$ 7,150$ General Operations Mill Levy D 1.401 1.401 Mill Levy Per Dollar E 0.001$ 0.001$ Taxes Paid for General Obligation Bonds-Recreation F = C * D * E 40.07$ 10.02$ Market Value A 400,000$ 100,000$ Assessment Ratio B 7.15% 7.15% Assessed Value C = A * B 28,600$ 7,150$ General Operations Mill Levy D 2.157 2.157 Mill Levy Per Dollar E 0.001$ 0.001$ Taxes Paid for General Obligation Bonds-Police Headquarters F = C * D * E 61.69$ 15.42$ Market Value A 400,000$ 100,000$ Assessment Ratio B 7.15% 7.15% Assessed Value C = A * B 28,600$ 7,150$ General Operations Mill Levy D 9.438 9.438 Mill Levy Per Dollar E 0.001$ 0.001$ Total Property Taxes Paid to City of Englewood F = C * D * E 269.93$ 67.48$ Page 92 of 137 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Maria Sobota DEPARTMENT: Finance & Administrative Services DATE: October 7, 2019 SUBJECT: CB 46 - 2020 Budget Ordinance - SPWRP Budget DESCRIPTION: CB 46 - 2020 Budget Ordinance - SPWRP Budget RECOMMENDATION: Staff recommends City Council approve the proposed bills for the following ordinances: • 2020 SPWRP Budget PREVIOUS COUNCIL ACTION: City Council has been provided the following opportunities at Study Sessions, Workshops, and a Public Hearing held at a Regular Meeting to review the preliminary 2020 operating and capital budgets and to provide input to Staff: • September 23, 2019 - Proposed 2020 Budget Workshop to Finalize Changes • September 16, 2019 - Public Hearing • September 9, 2019 - All Other Funds Discussion • August 12, 2019 - General Fund Department Requests • August 5, 2019 - Budget Priorities Discussion • May 11, 2019 - Proposed Department Operations / Capital Requests • April 22, 2019 - Preliminary Capital Requests • April 8, 2019 - Community Vision Workshop • March 25, 2019 - Revenue and Expenditure Forecasts and Assumptions • February 19, 2019 - 2020 Budget Preview SUMMARY: The Charter of the City of Englewood requires the City Council to adopt the next year's Budget and Appropriation Ordinances no later than thirty days prior to the first day of the next fiscal year to ensure there is legal authority to expend funds. (Article X, Part I, Section 90) The City of Englewood 2020 Budget was developed over the past several months with significant collaboration between the City Council, and City staff. This year's budget process leveraged our collective capacity to deliver quality city services, enhance public safety, and reinvigorated our existing city infrastructure. Despite our fiscal challenges, this budget maintains our commitments through 2020. However, continued long-term planning and prioritization with the City Council and community is necessary to ensure sustainability into the future. ANALYSIS: Page 93 of 137 The City of Englewood 2020 Budget is a balanced budget, as required by City Charter and Resolution No. 51, Series 2016. This means that across all funds, the City's Revenues in addition to the beginning Fund Balance meet or exceed the City's Expenditures. The estimated ending Governmental Fund Balances for 2020 is $23,183,765. The estimated ending Proprietary Funds Available Balances for 2020 is $21,807,466. The City's Funds are detailed in the attached Table 1 - 2020 Consolidated Budget Summary Sources and Uses by Fund. FINANCIAL IMPLICATIONS: Please review the attached Table 1 - 2020 Consolidated Budget Summary Sources and Uses by Fund. ALTERNATIVES: Per the Englewood City Charter (Article X, Part I, Section 90), Council shall adopt a bill for the Budget and a bill for the Appropriation no less than thirty days prior to the first day of the next fiscal year. CONCLUSION: Staff supports this 2019 Budget and is looking forward to Council direction in addressing future budgets. ATTACHMENTS: Council Bill #42 - 2020 Appropriation Council Bill #43 - 2020 Budget Council Bill #44 - 2020 Mill Levy Council Bill #45 - 2020 SPWRP Appropriation Council Bill #46 - 2020 SPWRP Budget Table 1 - 2020 Consolidated Budget Summary Sources and Uses by Fund Mill Levy Example of a $400k and $100k Residence Page 94 of 137 1 BY AUTHORITY ORDINANCE NO. ____ COUNCIL BILL NO. 46 SERIES OF 2019 INTRODUCED BY COUNCIL MEMBER A BILL FOR AN ORDINANCE ADOPTING THE BUDGET FOR THE SOUTH PLATTE WATER RENEWAL PARTNERS FOR FISCAL YEAR 2020. WHEREAS, a public hearing on said budget was held by the City Council within three weeks after its submission on September 9, 2019. The hearing was held at the meeting of City Council on September 16, 2019, regular notice of the time and place of said hearing having been published within seven days after the submission of the budget in the manner provided in the Charter for the publication of an ordinance; WHEREAS, pursuant to the provisions of an agreement between the City of Littleton, Colorado, and the City of Englewood, Colorado, a budget for fiscal year 2020 was provided to the South Platte Water Renewal Partners Supervisory Committee at their meeting; held on August 29, 2019; WHEREAS, the City Council of the City of Englewood, as the administering authority for the South Platte Water Renewal Partners, has studied the budget on numerous occasions; and WHEREAS, it is the intent of the City Council of the City of Englewood to adopt the 2020 budget for the South Platte Water Renewal Partners as now submitted. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. That the budget of the South Platte Water Renewal Partners for fiscal year 2020, as submitted by the South Platte Water Renewal Partners Supervisory Committee and duly considered by the City Council after public hearing, is hereby adopted as the budget for the South Platte Water Renewal Partners for the fiscal year 2020, as follows: South Platte Water Renewal Partners Fund Balance – January 1, 2020 $ 115,674 Revenues $ 28,669,307 Expenditures $ 28,669,307 Fund Balance – December 31, 2020 $ 115,674 Section 2. That the said budget as accepted shall be a public record in the Office of the City Clerk and shall be open to public inspection. Sufficient copies thereof shall be made available for the use of the City Council and the public, the number of copies to be determined by the City Manager. Page 95 of 137 2 Introduced, read in full, and passed on first reading on the 7th day of October, 2019. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 10th day of October, 2020. Published as a Bill for an Ordinance on the City’s official website beginning on the 9th day of October, 2019 for thirty (30) days. 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 Ordinance introduced, read in full, and passed on first reading on the 7th day of October, 2019. Stephanie Carlile Page 96 of 137 City of Englewood, Colorado 2020 Consolidated Budget Summary Sources and Uses By Fund Governmental Fund Types Estimated Beginning Balance Sources of Funds Uses of Funds Estimated Ending Balance Reserves Estimated Ending Balance Net of Reserves General Fund 19,240,667 53,089,689 53,089,689 19,240,667 6,734,869 12,505,798 Special Revenue Funds Conservation Trust Fund 290,066 315,000 318,000 287,066 - 287,066 Donors Fund 652,209 74,085 488,060 238,234 - 238,234 Malley Center Trust Fund 203,947 3,000 35,000 171,947 - 171,947 Parks & Recreation Trust Fund 460,383 2,500 20,000 442,883 - 442,883 Open Space Fund 793,799 1,305,000 860,150 1,238,649 - 1,238,649 Total Special Revenue Funds 2,400,404 1,699,585 1,721,210 2,378,779 - 2,378,779 Debt Service Fund General Obligation Bond Fund 61,782 1,117,000 1,116,800 61,982 - 61,982 Police HQ GO Bond 1,024,030 1,702,500 2,218,513 508,017 - 508,017 Total Debt Service Fund 1,085,812 2,819,500 3,335,313 569,999 - 569,999 Capital Projects Funds Public Improvement Fund 3,354,873 3,865,000 6,868,709 351,164 - 351,164 Capital Projects Fund 1,063,456 705,000 1,284,700 483,756 - 483,756 Police HQ Construction Fund 2,275,000 65,000 2,180,600 159,400 - 159,400 Total Capital Projects Funds 6,693,329 4,635,000 10,334,009 994,320 - 994,320 Total Governmental Funds 29,420,212 62,243,774 68,480,221 23,183,765 6,734,869 16,448,896 Proprietary Fund Types Estimated Beginning Balance Sources of Funds Uses of Funds Estimated Ending Balance Reserves Estimated Ending Balance Net of Reserves Enterprise Funds Water Fund 15,285,422 8,790,323 12,095,507 11,980,238 - 11,980,238 Sewer Fund 4,381,437 19,044,963 22,422,835 1,003,565 - 1,003,565 Stormwater Drainage Fund 530,178 682,514 963,969 248,723 - 248,723 Golf Course Fund 1,365,524 2,312,800 2,278,064 1,400,260 - 1,400,260 Concrete Utility Fund 820,486 872,600 996,622 696,464 - 696,464 Housing Rehabilitation Fund 670,376 142,200 397,800 414,776 - 414,776 Total Enterprise Funds 23,053,423 31,845,400 39,154,797 15,744,026 - 15,744,026 Internal Service Funds Central Services Fund - - - - - - ServiCenter Fund 2,516,902 2,253,513 2,279,204 2,491,211 - 2,491,211 Capital Equipment Replacement Fund 2,724,598 844,962 2,222,987 1,346,573 - 1,346,573 Risk Management Fund 1,333,604 1,500,852 1,469,704 1,364,752 - 1,364,752 Employee Benefits Fund 485,483 7,043,208 6,667,787 860,904 - 860,904 Total Internal Service Funds 7,060,587 11,642,535 12,639,682 6,063,440 - 6,063,440 Total Proprietary Funds 30,114,010 43,487,935 51,794,479 21,807,466 - 21,807,466 Total All Funds 59,534,222 105,731,709 120,274,700 44,991,231 6,734,869 38,256,362 Page 97 of 137 City of Englewood, Colorado - Property Tax Calculation 2019 Mill Levy 2019 Mill Levy Payable in 2020 Payable in 2020 Market Value A 400,000$ 100,000$ Assessment Ratio B 7.15% 7.15% Assessed Value C = A * B 28,600$ 7,150$ General Operations Mill Levy D 5.880 5.880 Mill Levy Per Dollar E 0.001$ 0.001$ Taxes Paid for General Fund Operations F = C * D * E 168.17$ 42.04$ Market Value A 400,000$ 100,000$ Assessment Ratio B 7.15% 7.15% Assessed Value C = A * B 28,600$ 7,150$ General Operations Mill Levy D 1.401 1.401 Mill Levy Per Dollar E 0.001$ 0.001$ Taxes Paid for General Obligation Bonds-Recreation F = C * D * E 40.07$ 10.02$ Market Value A 400,000$ 100,000$ Assessment Ratio B 7.15% 7.15% Assessed Value C = A * B 28,600$ 7,150$ General Operations Mill Levy D 2.157 2.157 Mill Levy Per Dollar E 0.001$ 0.001$ Taxes Paid for General Obligation Bonds-Police Headquarters F = C * D * E 61.69$ 15.42$ Market Value A 400,000$ 100,000$ Assessment Ratio B 7.15% 7.15% Assessed Value C = A * B 28,600$ 7,150$ General Operations Mill Levy D 9.438 9.438 Mill Levy Per Dollar E 0.001$ 0.001$ Total Property Taxes Paid to City of Englewood F = C * D * E 269.93$ 67.48$ Page 98 of 137 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Maria Sobota DEPARTMENT: Finance & Administrative Services DATE: October 7, 2019 SUBJECT: CB 45 - 2020 Budget Ordinances - SPWRP Appropriation DESCRIPTION: CB 45 - 2020 Budget Ordinances - SPWRP Appropriation RECOMMENDATION: Staff recommends City Council approve the proposed bills for the following ordinances: • 2020 SPWRP Appropriation PREVIOUS COUNCIL ACTION: City Council has been provided the following opportunities at Study Sessions, Workshops, and a Public Hearing held at a Regular Meeting to review the preliminary 2020 operating and capital budgets and to provide input to Staff: • September 23, 2019 - Proposed 2020 Budget Workshop to Finalize Changes • September 16, 2019 - Public Hearing • September 9, 2019 - All Other Funds Discussion • August 12, 2019 - General Fund Department Requests • August 5, 2019 - Budget Priorities Discussion • May 11, 2019 - Proposed Department Operations / Capital Requests • April 22, 2019 - Preliminary Capital Requests • April 8, 2019 - Community Vision Workshop • March 25, 2019 - Revenue and Expenditure Forecasts and Assumptions • February 19, 2019 - 2020 Budget Preview SUMMARY: The Charter of the City of Englewood requires the City Council to adopt the next year's Budget and Appropriation Ordinances no later than thirty days prior to the first day of the next fiscal year to ensure there is legal authority to expend funds. (Article X, Part I, Section 90) The City of Englewood 2020 Budget was developed over the past several months with significant collaboration between the City Council, and City staff. This year's budget process leveraged our collective capacity to deliver quality city services, enhance public safety, and reinvigorated our existing city infrastructure. Despite our fiscal challenges, this budget maintains our commitments through 2020. However, continued long-term planning and prioritization with the City Council and community is necessary to ensure sustainability into the future. ANALYSIS: Page 99 of 137 The City of Englewood 2020 Budget is a balanced budget, as required by City Charter and Resolution No. 51, Series 2016. This means that across all funds, the City's Revenues in addition to the beginning Fund Balance meet or exceed the City's Expenditures. The estimated ending Governmental Fund Balances for 2020 is $23,183,765. The estimated ending Proprietary Funds Available Balances for 2020 is $21,807,466. The City's Funds are detailed in the attached Table 1 - 2020 Consolidated Budget Summary Sources and Uses by Fund. FINANCIAL IMPLICATIONS: Please review the attached Table 1 - 2020 Consolidated Budget Summary Sources and Uses by Fund. ALTERNATIVES: Per the Englewood City Charter (Article X, Part I, Section 90), Council shall adopt a bill for the Budget and a bill for the Appropriation no less than thirty days prior to the first day of the next fiscal year. CONCLUSION: Staff supports this 2019 Budget and is looking forward to Council direction in addressing future budgets. ATTACHMENTS: Council Bill #42 - 2020 Appropriation Council Bill #43 - 2020 Budget Council Bill #44 - 2020 Mill Levy Council Bill #45 - 2020 SPWRP Appropriation Council Bill #46 - 2020 SPWRP Budget Table 1 - 2020 Consolidated Budget Summary Sources and Uses by Fund Mill Levy Example of a $400k and $100k Residence Page 100 of 137 1 BY AUTHORITY ORDINANCE NO. ____ COUNCIL BILL NO. 45 SERIES OF 2019 INTRODUCED BY COUNCIL MEMBER A BILL FOR AN ORDINANCE APPROPRIATING MONIES FOR THE SOUTH PLATTE WATER RENEWAL PARTNERS PURPOSES IN THE FISCAL YEAR BEGINNING JANUARY 1, 2020, AND ENDING DECEMBER 31, 2020, CONSTITUTING WHAT IS TERMED THE ANNUAL APPROPRIATION BILL FOR FISCAL YEAR 2020. WHEREAS, the Cities of Englewood and Littleton entered into a contract to build, maintain, and operate a joint Wastewater Treatment Plant facility; WHEREAS, the operations, including budget matters, of this joint facility are overseen by the Supervisory Committee; WHEREAS, the City of Englewood operates the South Platte Water Renewal Partners’ facility under the control of the Supervisory Committee; WHEREAS, the South Platte Water Renewal Partners has its own fund for operations and maintenance; and WHEREAS, the Supervisory Committee was provided the following as the 2020 appropriations at their meeting held on August 29, 2019. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. That pursuant to the South Platte Water Renewal Partners agreement, there be and hereby is appropriated from the revenue derived from operation of the South Platte Water Renewal Partners in the City of Englewood, Colorado, and from all other sources of revenue in the South Platte Water Renewal Partners Fund including available fund balance during the year beginning January 1, 2020, and ending December 31, 2020, the amounts hereinafter set forth for the object and purpose specified as follows: Total South Platte Water Renewal Partners Fund $ 28,669,307 Page 101 of 137 2 Introduced, read in full, and passed on first reading on the 7th day of October, 2019. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 10th day of October, 2020. Published as a Bill for an Ordinance on the City’s official website beginning on the 9th day of October, 2019 for thirty (30) days. 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 Ordinance introduced, read in full, and passed on first reading on the 7th day of October, 2019. Stephanie Carlile Page 102 of 137 City of Englewood, Colorado 2020 Consolidated Budget Summary Sources and Uses By Fund Governmental Fund Types Estimated Beginning Balance Sources of Funds Uses of Funds Estimated Ending Balance Reserves Estimated Ending Balance Net of Reserves General Fund 19,240,667 53,089,689 53,089,689 19,240,667 6,734,869 12,505,798 Special Revenue Funds Conservation Trust Fund 290,066 315,000 318,000 287,066 - 287,066 Donors Fund 652,209 74,085 488,060 238,234 - 238,234 Malley Center Trust Fund 203,947 3,000 35,000 171,947 - 171,947 Parks & Recreation Trust Fund 460,383 2,500 20,000 442,883 - 442,883 Open Space Fund 793,799 1,305,000 860,150 1,238,649 - 1,238,649 Total Special Revenue Funds 2,400,404 1,699,585 1,721,210 2,378,779 - 2,378,779 Debt Service Fund General Obligation Bond Fund 61,782 1,117,000 1,116,800 61,982 - 61,982 Police HQ GO Bond 1,024,030 1,702,500 2,218,513 508,017 - 508,017 Total Debt Service Fund 1,085,812 2,819,500 3,335,313 569,999 - 569,999 Capital Projects Funds Public Improvement Fund 3,354,873 3,865,000 6,868,709 351,164 - 351,164 Capital Projects Fund 1,063,456 705,000 1,284,700 483,756 - 483,756 Police HQ Construction Fund 2,275,000 65,000 2,180,600 159,400 - 159,400 Total Capital Projects Funds 6,693,329 4,635,000 10,334,009 994,320 - 994,320 Total Governmental Funds 29,420,212 62,243,774 68,480,221 23,183,765 6,734,869 16,448,896 Proprietary Fund Types Estimated Beginning Balance Sources of Funds Uses of Funds Estimated Ending Balance Reserves Estimated Ending Balance Net of Reserves Enterprise Funds Water Fund 15,285,422 8,790,323 12,095,507 11,980,238 - 11,980,238 Sewer Fund 4,381,437 19,044,963 22,422,835 1,003,565 - 1,003,565 Stormwater Drainage Fund 530,178 682,514 963,969 248,723 - 248,723 Golf Course Fund 1,365,524 2,312,800 2,278,064 1,400,260 - 1,400,260 Concrete Utility Fund 820,486 872,600 996,622 696,464 - 696,464 Housing Rehabilitation Fund 670,376 142,200 397,800 414,776 - 414,776 Total Enterprise Funds 23,053,423 31,845,400 39,154,797 15,744,026 - 15,744,026 Internal Service Funds Central Services Fund - - - - - - ServiCenter Fund 2,516,902 2,253,513 2,279,204 2,491,211 - 2,491,211 Capital Equipment Replacement Fund 2,724,598 844,962 2,222,987 1,346,573 - 1,346,573 Risk Management Fund 1,333,604 1,500,852 1,469,704 1,364,752 - 1,364,752 Employee Benefits Fund 485,483 7,043,208 6,667,787 860,904 - 860,904 Total Internal Service Funds 7,060,587 11,642,535 12,639,682 6,063,440 - 6,063,440 Total Proprietary Funds 30,114,010 43,487,935 51,794,479 21,807,466 - 21,807,466 Total All Funds 59,534,222 105,731,709 120,274,700 44,991,231 6,734,869 38,256,362 Page 103 of 137 City of Englewood, Colorado - Property Tax Calculation 2019 Mill Levy 2019 Mill Levy Payable in 2020 Payable in 2020 Market Value A 400,000$ 100,000$ Assessment Ratio B 7.15% 7.15% Assessed Value C = A * B 28,600$ 7,150$ General Operations Mill Levy D 5.880 5.880 Mill Levy Per Dollar E 0.001$ 0.001$ Taxes Paid for General Fund Operations F = C * D * E 168.17$ 42.04$ Market Value A 400,000$ 100,000$ Assessment Ratio B 7.15% 7.15% Assessed Value C = A * B 28,600$ 7,150$ General Operations Mill Levy D 1.401 1.401 Mill Levy Per Dollar E 0.001$ 0.001$ Taxes Paid for General Obligation Bonds-Recreation F = C * D * E 40.07$ 10.02$ Market Value A 400,000$ 100,000$ Assessment Ratio B 7.15% 7.15% Assessed Value C = A * B 28,600$ 7,150$ General Operations Mill Levy D 2.157 2.157 Mill Levy Per Dollar E 0.001$ 0.001$ Taxes Paid for General Obligation Bonds-Police Headquarters F = C * D * E 61.69$ 15.42$ Market Value A 400,000$ 100,000$ Assessment Ratio B 7.15% 7.15% Assessed Value C = A * B 28,600$ 7,150$ General Operations Mill Levy D 9.438 9.438 Mill Levy Per Dollar E 0.001$ 0.001$ Total Property Taxes Paid to City of Englewood F = C * D * E 269.93$ 67.48$ Page 104 of 137 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Maria Sobota DEPARTMENT: Finance & Administrative Services DATE: October 7, 2019 SUBJECT: CB 44 - 2020 Budget Ordinances - Mill Levies DESCRIPTION: CB 44 - 2020 Budget Ordinances - Mill Levies RECOMMENDATION: Staff recommends City Council approve the proposed bills for the following ordinances: • 2020 Mill Levies (3) for the General Fund Operations (1) and the General Obligation Bonds Debt Service (2) PREVIOUS COUNCIL ACTION: City Council has been provided the following opportunities at Study Sessions, Workshops, and a Public Hearing held at a Regular Meeting to review the preliminary 2020 operating and capital budgets and to provide input to Staff: • September 23, 2019 - Proposed 2020 Budget Workshop to Finalize Changes • September 16, 2019 - Public Hearing • September 9, 2019 - All Other Funds Discussion • August 12, 2019 - General Fund Department Requests • August 5, 2019 - Budget Priorities Discussion • May 11, 2019 - Proposed Department Operations / Capital Requests • April 22, 2019 - Preliminary Capital Requests • April 8, 2019 - Community Vision Workshop • March 25, 2019 - Revenue and Expenditure Forecasts and Assumptions • February 19, 2019 - 2020 Budget Preview SUMMARY: The Charter of the City of Englewood requires the City Council to adopt the next year's Budget and Appropriation Ordinances no later than thirty days prior to the first day of the next fiscal year to ensure there is legal authority to expend funds. (Article X, Part I, Section 90) The City of Englewood 2020 Budget was developed over the past several months with significant collaboration between the City Council, and City staff. This year's budget process leveraged our collective capacity to deliver quality city services, enhance public safety, and reinvigorated our existing city infrastructure. Despite our fiscal challenges, this budget maintains our commitments through 2020. However, continued long-term planning and prioritization with the City Council and community is necessary to ensure sustainability into the future. ANALYSIS: Page 105 of 137 The City of Englewood 2020 Budget is a balanced budget, as required by City Charter and Resolution No. 51, Series 2016. This means that across all funds, the City's Revenues in addition to the beginning Fund Balance meet or exceed the City's Expenditures. The estimated ending Governmental Fund Balances for 2020 is $23,183,765. The estimated ending Proprietary Funds Available Balances for 2020 is $21,807,466. The City's Funds are detailed in the attached Table 1 - 2020 Consolidated Budget Summary Sources and Uses by Fund. FINANCIAL IMPLICATIONS: Please review the attached Table 1 - 2020 Consolidated Budget Summary Sources and Uses by Fund. ALTERNATIVES: Per the Englewood City Charter (Article X, Part I, Section 90), Council shall adopt a bill for the Budget and a bill for the Appropriation no less than thirty days prior to the first day of the next fiscal year. CONCLUSION: Staff supports this 2019 Budget and is looking forward to Council direction in addressing future budgets. ATTACHMENTS: Council Bill #42 - 2020 Appropriation Council Bill #43 - 2020 Budget Council Bill #44 - 2020 Mill Levy Council Bill #45 - 2020 SPWRP Appropriation Council Bill #46 - 2020 SPWRP Budget Table 1 - 2020 Consolidated Budget Summary Sources and Uses by Fund Mill Levy Example of a $400k and $100k Residence Page 106 of 137 1 BY AUTHORITY ORDINANCE NO. ____ COUNCIL BILL NO. 44 SERIES OF 2019 INTRODUCED BY COUNCIL MEMBER A BILL FOR AN ORDINANCE FIXING THE TAX LEVY IN MILLS UPON EACH DOLLAR OF THE ASSESSED VALUATION OF ALL TAXABLE PROPERTY WITHIN THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, it is the duty of the City Council of the City of Englewood, Colorado, under the Englewood Home Rule Charter and Colorado Revised Statutes, to make the annual property levy for City purposes; and WHEREAS, the City Council has duly considered the estimated valuation of all the taxable property within the City and the needs of the City and of each of said levies and has determined that the levies as hereinafter set forth, are proper and wise; and WHEREAS, the following levies are permitted under Article X, Section 20 of the Colorado Constitution without a vote by the citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. That there be and hereby is levied for the year of 2019, due and payable as required by statute in the year 2020, a tax of 5.880 mills on the dollar for the General Fund of the Cit y of Englewood, Colorado, 1.401 mills on the dollar for the Recreation General Obligation Bond Debt Service Fund and 2.157 mills on the dollar for the Englewood Police Headquarters General Obligation Bond Debt Service Fund of the City of Englewood, Colorado. That the levy hereinabove set forth shall be levied upon each dollar of the assessed valuation of all taxable property within the corporate limits of the City of Englewood, Colorado, and the said levy shall be certified by law. Introduced, read in full, and passed on first reading on the 7th day of October, 2019. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 10th day of October, 2020. Published as a Bill for an Ordinance on the City’s official website beginning on the 9th day of October, 2019 for thirty (30) days. Linda Olson, Mayor Page 107 of 137 2 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 Ordinance introduced, read in full, and passed on first reading on the 7th day of October, 2019. Stephanie Carlile Page 108 of 137 City of Englewood, Colorado 2020 Consolidated Budget Summary Sources and Uses By Fund Governmental Fund Types Estimated Beginning Balance Sources of Funds Uses of Funds Estimated Ending Balance Reserves Estimated Ending Balance Net of Reserves General Fund 19,240,667 53,089,689 53,089,689 19,240,667 6,734,869 12,505,798 Special Revenue Funds Conservation Trust Fund 290,066 315,000 318,000 287,066 - 287,066 Donors Fund 652,209 74,085 488,060 238,234 - 238,234 Malley Center Trust Fund 203,947 3,000 35,000 171,947 - 171,947 Parks & Recreation Trust Fund 460,383 2,500 20,000 442,883 - 442,883 Open Space Fund 793,799 1,305,000 860,150 1,238,649 - 1,238,649 Total Special Revenue Funds 2,400,404 1,699,585 1,721,210 2,378,779 - 2,378,779 Debt Service Fund General Obligation Bond Fund 61,782 1,117,000 1,116,800 61,982 - 61,982 Police HQ GO Bond 1,024,030 1,702,500 2,218,513 508,017 - 508,017 Total Debt Service Fund 1,085,812 2,819,500 3,335,313 569,999 - 569,999 Capital Projects Funds Public Improvement Fund 3,354,873 3,865,000 6,868,709 351,164 - 351,164 Capital Projects Fund 1,063,456 705,000 1,284,700 483,756 - 483,756 Police HQ Construction Fund 2,275,000 65,000 2,180,600 159,400 - 159,400 Total Capital Projects Funds 6,693,329 4,635,000 10,334,009 994,320 - 994,320 Total Governmental Funds 29,420,212 62,243,774 68,480,221 23,183,765 6,734,869 16,448,896 Proprietary Fund Types Estimated Beginning Balance Sources of Funds Uses of Funds Estimated Ending Balance Reserves Estimated Ending Balance Net of Reserves Enterprise Funds Water Fund 15,285,422 8,790,323 12,095,507 11,980,238 - 11,980,238 Sewer Fund 4,381,437 19,044,963 22,422,835 1,003,565 - 1,003,565 Stormwater Drainage Fund 530,178 682,514 963,969 248,723 - 248,723 Golf Course Fund 1,365,524 2,312,800 2,278,064 1,400,260 - 1,400,260 Concrete Utility Fund 820,486 872,600 996,622 696,464 - 696,464 Housing Rehabilitation Fund 670,376 142,200 397,800 414,776 - 414,776 Total Enterprise Funds 23,053,423 31,845,400 39,154,797 15,744,026 - 15,744,026 Internal Service Funds Central Services Fund - - - - - - ServiCenter Fund 2,516,902 2,253,513 2,279,204 2,491,211 - 2,491,211 Capital Equipment Replacement Fund 2,724,598 844,962 2,222,987 1,346,573 - 1,346,573 Risk Management Fund 1,333,604 1,500,852 1,469,704 1,364,752 - 1,364,752 Employee Benefits Fund 485,483 7,043,208 6,667,787 860,904 - 860,904 Total Internal Service Funds 7,060,587 11,642,535 12,639,682 6,063,440 - 6,063,440 Total Proprietary Funds 30,114,010 43,487,935 51,794,479 21,807,466 - 21,807,466 Total All Funds 59,534,222 105,731,709 120,274,700 44,991,231 6,734,869 38,256,362 Page 109 of 137 City of Englewood, Colorado - Property Tax Calculation 2019 Mill Levy 2019 Mill Levy Payable in 2020 Payable in 2020 Market Value A 400,000$ 100,000$ Assessment Ratio B 7.15% 7.15% Assessed Value C = A * B 28,600$ 7,150$ General Operations Mill Levy D 5.880 5.880 Mill Levy Per Dollar E 0.001$ 0.001$ Taxes Paid for General Fund Operations F = C * D * E 168.17$ 42.04$ Market Value A 400,000$ 100,000$ Assessment Ratio B 7.15% 7.15% Assessed Value C = A * B 28,600$ 7,150$ General Operations Mill Levy D 1.401 1.401 Mill Levy Per Dollar E 0.001$ 0.001$ Taxes Paid for General Obligation Bonds-Recreation F = C * D * E 40.07$ 10.02$ Market Value A 400,000$ 100,000$ Assessment Ratio B 7.15% 7.15% Assessed Value C = A * B 28,600$ 7,150$ General Operations Mill Levy D 2.157 2.157 Mill Levy Per Dollar E 0.001$ 0.001$ Taxes Paid for General Obligation Bonds-Police Headquarters F = C * D * E 61.69$ 15.42$ Market Value A 400,000$ 100,000$ Assessment Ratio B 7.15% 7.15% Assessed Value C = A * B 28,600$ 7,150$ General Operations Mill Levy D 9.438 9.438 Mill Levy Per Dollar E 0.001$ 0.001$ Total Property Taxes Paid to City of Englewood F = C * D * E 269.93$ 67.48$ Page 110 of 137 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Alison McKenney Brown DEPARTMENT: City Attorney's Office DATE: October 7, 2019 SUBJECT: CB 41 - An Ordinance pertaining to the Englewood Local Liquor and Marijuana Licensing Authority DESCRIPTION: CB 41 - An Ordinance pertaining to the Englewood Local Liquor and Marijuana Licensing Authority RECOMMENDATION: Staff recommends Council approve the attached Bill for an Ordinance #41 regarding corrections and updates to municipal code references to the Englewood Local Liquor and Marijuana Licensing Authority. PREVIOUS COUNCIL ACTION: On November 6, 2017, the City Council passed Ordinance 65, Series of 2017, updating those provisions of the Englewood Municipal Code regarding the Englewood Loc al Liquor and Marijuana Licensing Authority. On December 6, 2018, the City Council passed Ordinance 36, Series of 2018, updating those provisions of the Englewood Municipal Code that referenced citations to the Colorado Revised Statutes in association with marijuana licensing. On January 7, 2019, the City Council passed Ordinance 4, Series 2018/2019, providing for retail cultivation of marijuana, including a reference to the authority of the Englewood Local Liquor and Marijuana Licensing Authority. On August 19, 2019, the City Council passed Ordinance 36, Series of 2019, pertaining to Special Event, Alcohol Tasting, and Arts License Permits, necessitating updates to references to the Local Liquor and Marijuana Licensing Authority. SUMMARY: Due to the numerous updates to the various provisions of the Englewood Municipal Code regarding marijuana and alcohol throughout 2018 and 2019, some of the updates approved in Ordinance 65, Series of 2017 were not incorporated into later ordinances (scrivener's error), and references to the Local Liquor and Marijuana Licensing Authority required updates. ANALYSIS: Council Bill #41 incorporates the necessary updates, and makes the corrections, for the Englewood Municipal Code. Page 111 of 137 CONCLUSION: This ordinance will update the code as required. ATTACHMENTS: Council Bill #41 Ordinance 65, Series of 2017. Page 112 of 137 1 BY AUTHORITY ORDINANCE NO. __ COUNCIL BILL NO. 41 SERIES OF 2019 INTRODUCED BY COUNCIL MEMBER __________________ A BILL FOR AN ORDINANCE AMENDING TITLE 2, SECTION 2-6-1, AND TITLE 5, SECTIONS 5-3-1, 5-3A-3, 5-3D-2, 5-3D-3, 5-3E-2 AND 5-3E-3 OF THE ENGLEWOOD MUNICIPAL CODE 2000 ALL PERTAINING TO THE ENGLEWOOD LOCAL LIQUOR AND MARIJUANA LICENSING AUTHORITY. WHEREAS, the City of Englewood passed Ordinance 65, Series of 2017, on November 6, 2017, clarifying the duties and authority of the Englewood Local Liquor and Marijuana Licensing Authority; WHEREAS, the City of Englewood passed Ordinance 36, Series of 2019, on August 19, 2019, pertaining to Special Event, Alcohol Tasting, and Arts License Permits, necessitating updates to references to the Local Liquor and Marijuana Licensing Authority; WHEREAS, provisions clarifying the duties and authority of the hearing officer were inadvertently substituted with the previous provisions when those same sections of the Code were updated to reflect statutory revisions through approval of Ordinance 36, Series of 2018, and Ordinance 4, Series of 2019; and WHEREAS, it is appropriate to update the Englewood Municipal Code to bring conformity to the Code as written and correct the scrivener’s error. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The City Council of the City of Englewood, Colorado hereby authorizes amending Title 2 of the Englewood Municipal Code 2000 as follows: Amending Title 2, Section 2-6-1 of the Englewood Municipal Code Chapter 6 – ENGLEWOOD LOCAL LIQUOR, MEDICAL MARIJUANA, AND RETAIL MARIJUANA LICENSING AUTHORITY 2-6-1: Licensing Authority Established. A. There is hereby established a Local Licensing Authority, which shall have and is vested with the authority to grant or refuse licenses for the sale at retail of malt, vinous or spirituous liquors and fermented malt beverages, as provided by law, to suspend or revoke such licenses for Page 113 of 137 2 cause in the manner provided by law. Such authority shall have all the powers of the Local Licensing Authority as set forth in Articles 3, 4, and 5, of Title 44, C.R.S. 2018. See Title 5, Chapter 3, Article A of this Municipal Code for the organization, powers, functions and duties of the Local Licensing Authority. A. Englewood Local Liquor and Marijuana Licensing Authority. 1. Establishment. There is hereby established an Englewood Local Liquor and Marijuana Licensing Authority (“Local Licensing Authority” or “Authority”), which is vested with the authority to grant or deny permits and licenses, to conduct investigations as are required by law, and to suspend or revoke such licenses for cause in the manner provided by law. Such Authority shall have all the powers of the Local Licensing Authority, as set forth in Articles 3, 4, and 5, of Title 44, C.R.S. 2018, and as otherwise granted to it in Title 5, Chapter 3, Article A. 2. Hearing Officer. The Local Licensing Authority shall consist of a sole Hearing Officer who shall be selected following a standard Request for Qualifications process, and in conformance with the Purchasing Policies & Procedures of the City, and shall serve at the pleasure of the City Council. The Hearing Officer shall be annually appointed/reappointed by the City Council by resolution and may be removed with or without cause by a majority vote of the City Council. The City Council shall establish compensation for the Hearing Officer. The City Council may, in its discretion, appoint an alternate Hearing Officer who may serve when the appointed Hearing Officer is unavailable or has a conflict with a pending matter. The term "Hearing Officer" shall be synonymous with "Local Licensing Authority" as used throughout this section 3. Qualifications of Hearing Officer. The Hearing Officer shall be an individual licensed to practice law in the State of Colorado, with sufficient knowledge and expertise to apply and enforce the Colorado Beer Code (C.R.S. 12-46-101, et seq.), Colorado Liquor Code (C.R.S. 12-47-101, et seq.), Special Events Code (C.R.S. 12-48-101, et seq.), Medical Marijuana Code (C.R.S. 12-43.3-101, et seq.), Retail Marijuana Code (C.R.S. 12-12-101, et seq.), and the equivalent sections of the Englewood Municipal Code regulating the licensing of liquor or marijuana establishments in the City of Englewood, Colorado. The Hearing Officer shall not hold any other City of Englewood office, appointment or position. The Hearing Officer shall not have any financial interest in the operation of any business located or operating in the City of Englewood holding a license pursuant to any of the Codes listed within this paragraph. 4. Rules of procedure; conduct of hearings. In conformance with applicable statutes and the Englewood Municipal Code, the Hearing Officer serving as the Local Licensing Authority shall have the power to decide matters brought before it following a public hearing. Public hearings shall be held in accordance with the procedural rules and regulations for hearings as set forth in Title 1, Chapter 10, and/or as adopted by the Local Licensing Authority. The Authority may also adopt rules of procedure and regulations concerning the application and renewal processes. All hearings before the Local Licensing Authority shall be public. 5. Meetings. The Local Licensing Authority shall hold a regular meeting once each calendar month, unless there is no business to conduct. The Local Licensing Authority may call Page 114 of 137 3 special meetings after consultation with the City Clerk or the City Clerk's designee. Notification of the public of such special meetings shall be completed in the same manner as the regular meetings of the Authority. The purpose of meetings shall be to conduct public hearings regarding licensure in conformance with applicable provisions of the Englewood Municipal Code. 6. Subpoena power and violations. The Local Licensing Authority shall have the power to administer oaths and issue subpoenas to require the presence of persons and the production of documents, data compilations and other evidence at any hearing before the authority. A subpoena shall be served in the same manner as a subpoena issued by the municipal court of the City, in accordance with 1-10-3 of the EMC. It shall be unlawful for any person to fail to comply with any subpoena or order to produce documents, data compilations or other evidence issued by the authority. The municipal court shall enforce the subpoenas of the Authority and, upon good cause shown, shall enter orders compelling witnesses to attend and testify or produce documents, data compilations or other evidence, and shall impose penalties or punishment for contempt in case of failure to comply with such orders. 7. Investigators. Such person or persons as the City Manager shall designate shall serve as investigators or perform investigative duties on behalf of the Local Licensing Authority. B. There is hereby established a Local Licensing Authority to issue only the following Medical and Retail Marijuana Licenses upon payment of a fee and compliance with all Local Licensing requirements to be determined by the Local Licensing Authority as set forth in Article 43.3 11 and 12 12 of Title 44 44 C.R.S.: 1. A Medical Marijuana Center License; 2. A Medical Marijuana Optional Premises Cultivation Operation License; 3. A Medical Marijuana—Infused Products Manufacturer License; 4. A Retail Marijuana Store License; 5. A Retail Marijuana Cultivation Facility License. B. The Local Licensing Authority is vested with the authority to grant or deny licenses for the sale at retail of malt, vinous or spirituous liquors and fermented malt beverages, as provided by law, and to suspend or revoke such licenses for cause in the manner provided by law. Such authority shall have all the powers of the Local Licensing Authority as set forth in Articles 3, 4, and 5 of Title 44, C.R.S. C. The Local Licensing Authority is vested with the authority to issue only the following Medical and Retail Marijuana Licenses upon payment of a fee and compliance with all Local Licensing requirements to be determined by the Local Licensing Authority as set forth in Article 11 and 12 of Title 44, C.R.S.: 1. A Medical Marijuana Center License; 2. A Medical Marijuana Optional Premises Cultivation Operation License; Page 115 of 137 4 3. A Medical Marijuana-Infused Products Manufacturer License; 4. A Retail Marijuana Store License. 5. A Retail Marijuana Cultivation Facility License. Section 2. The City Council of the City of Englewood, Colorado hereby authorizes amending Title 5 of the Englewood Municipal Code 2000 as follows: Amending Title 5, Section 5-3-1 of the Englewood Municipal Code 5-3-1: Definitions. As used in this chapter, the following words and phrases shall have the following meanings: Beer: See Fermented Malt Beverages, herein. Director: The Director of Finance. Official designated to issue a license following approval by the Local Licensing Authority. Fermented Malt Beverages: Beer and any other beverages obtained by the fermentation of any infusion or decoction of barley, malt, hops or any similar product, or any combination thereof, in water containing not less than one-half (½) of one percent (1%) alcohol by volume as prescribed by C.R.S., §§ 44-3-103(18) and 44-4-103. Intoxicating Liquor: Liberally construed to include intoxicating liquors of every kind and character which now are in use or which in the future may come into use as a beverage, no matter by what name they may be known or called, and no matter how small the percentage of alcohol they may contain and no matter what other ingredients may be used in them. Malt liquors: Includes beer and shall be construed to mean any beverage obtained by the alcoholic fermentation of any infusion or decoction of barley, malt, hops or any other similar products or any combination thereof, in water containing not less than one-half (½) of one percent (1%) alcohol by volume, all in conformance with C.R.S. § 44-3-103(30). Medicinal Liquors: Any liquor sold by a duly licensed pharmacist or drug store solely on bona fide doctor's prescription. Medicinal Spirituous Liquors: Any alcohol beverage excepting beer and wine that has been aged in wood for four (4) years and bonded by the United States Government and is at least one hundred (100) proof. Operator: A person licensed by law to sell malt, vinous or spirituous liquors, other than medicinal liquors, for beverage purposes at retail and who is engaged at any time during the calendar year in such operation within the City. Spirituous Liquors: Any alcoholic beverage obtained by distillation, mixed with water and other substances in solution, and includes among other things brandy, rum, whiskey, gin, powdered alcohol, and every liquid or solid, patented or not, containing at least one-half (½) of one percent (1%) alcohol by volume and which is fit for use for beverage purposes. Any liquid or solid containing beer or wine in combination with any other liquor, except as defined, including malt Page 116 of 137 5 liquors and vinous liquors, and shall not be construed to be fermented malt or malt or vinous liquors, but shall be construed to be spirituous liquor. Vinous Liquors: Includes wine and fortified wines that contain not less than one-half (½) of one percent (1%) alcohol by volume but not exceeding twenty-one percent (21%) of alcohol by volume and shall be construed to mean alcoholic beverages obtained by the fermentation of the natural sugar contents of fruits or other agricultural product containing sugar. Amending Title 5, Section 5-3A-3 of the Englewood Municipal Code 5-3A-3: Englewood Local Liquor and Marijuana Licensing Authority. A. Vesting of Authority. The Englewood Local Liquor and Marijuana Licensing Authority ("Local Licensing Authority" or "Authority"), is vested with the authority to grant or refuse permits and licenses for the sale at retail of malt, vinous or spirituous liquors and fermented malt beverages, to conduct investigations as are required by law, and to suspend or revoke such licenses for cause in the manner provided by law. Such Authority shall have all the powers of the Local Licensing Authority, as set forth in Articles 3, 4, and 5, of Title 44, C.R.S. 2018. B. Delegation of authority to City Clerk. The City Clerk is authorized to act as the Local Licensing Authority for the following Colorado Liquor Code and Colorado Beer Code licensing functions: 1. Processing and issuance of special events permits pursuant to Article 5 of Title 44, C.R.S. 2018, provided that there are no parties filing a written objection to said permit. 2. Annual Colorado Liquor Code and Colorado Beer Code license renewals, provided that the licensee has not violated any provisions of the Colorado Liquor or Beer Codes and associated regulations during the preceding year. 3. Changes in shareholders, officers, directors or trade names of a licensee, or registration and/or changes in on-site manager, provided that any investigation conducted by the City does not reveal information that may reasonably form the basis of a determination that the applicant is not qualified to hold the respective license. 4. The issuance of temporary permits pursuant to and in compliance with the provisions of C.R.S. § 44-3-302, and C.R.S. § 44-3-303. A temporary permit fee shall be charged in conjunction with the issuance of each temporary permit. 5. Request to change, alter or modify the premises as set forth in E.M.C. 5-3A-8. 6. Tasting pPermits issued in accordance with C.R.S. § 44-3-301(10) and applicable provisions of the Englewood Municipal Code, including E.M.C. 5-3A-9. 7. Transfer of ownership. The City Clerk may refer any licensing decision authorized under this section to the Local Licensing Authority if, in the Clerk's discretion, the matter should be presented to the Local Licensing Authority. C. Duties of the City Clerk. The City Clerk shall receive all applications for licenses, and shall issue all licenses granted by the Authority, upon receipt of such license fees and taxes as are Page 117 of 137 6 required by law and this Code. The City Clerk shall serve as the official secretary of the Local Licensing Authority and shall designate a person or persons to provide the necessary secretarial and reporting services for the Local Licensing Authority. The City Clerk or designee shall attend the meetings of the Local Licensing Authority. All public notice shall be made by publication on the City's official website, or in a newspaper designated by City Council as the City's official newspaper. All signs required to be posted by the Colorado Liquor Code, shall be made by the City Clerk. Amending Title 5, Section 5-3D-2 of the Englewood Municipal Code 5-3D-2: - Powers and Duties of the Local Licensing Authority. A. Vesting of Authority. The Local Licensing Authority, as established in E.M.C. 2-6-1, shall grant or deny local licenses for the cultivation, manufacture, distribution, and sale of Medical Marijuana as provided by law; suspend, fine, restrict, or revoke such licenses upon a violation of this Title, or a rule promulgated pursuant to this Title; and may impose any penalty authorized by this Title or any rule promulgated pursuant to this Title. The Local Licensing Authority may take action with respect to a registration or a license pursuant to this Title, and in accordance with the procedures established pursuant to this Title. B. Rules and Determinations. The Local Licensing Authority shall promulgate such rules and make such special rulings and findings as necessary for the proper regulation and control of the cultivation, manufacture, distribution, and sale of Medical Marijuana and for the enforcement of this Chapter. C. Compliance with C.R.S. 12-43.344-11. The Local Licensing Authority hereby adopts shall comply with and conform to the minimum licensing requirements of Article 11 of Title 44 C.R.S. when issuing a License. D. Additional licensing standards. In addition to all other standards applicable to the issuance of licenses under this Code, the Local Licensing Authority hereby adopts shall comply with and conform to the following additional standards for the issuance of Medical Marijuana Center, Medical Marijuana Optional Premises Cultivation Operation, or Medical Marijuana-Infused Products Manufacturer Licenses consistent with the intent of Article 11 of Title 44 C.R.S. and this Code, including as follows: 1. Distance restrictions between premises in or out of City limits for which Local Licenses are issued; shall be as follows: (a) If the building in which Medical Marijuana is to be cultivated, manufactured or sold is located within two thousand feet (2,000') of a school, an alcohol or drug treatment facility, or the principal campus of a college, university, seminary, or a residential child care facility or within two thousand five hundred feet (2,500') of an existing licensed Medical Marijuana Center, Medical Marijuana-Infused Products Manufacturer or Medical Marijuana Optional Premises Cultivation Operation. The provisions of this Section shall not affect the renewal or re-issuance of a license once granted or apply to licensed premises located or to be located on land owned by a municipality; nor shall the provisions of the Section apply to existing licensed Page 118 of 137 7 premises on land owned by the State, or apply to a license in effect and actively doing business before said principal campus was constructed. (b) The distances referred to in this Title are to be computed by direct measurement from the nearest property line of the land used for a school or campus to the nearest portion of the building in which Medical Marijuana is to be sold, cultivated or infused, using a route of direct pedestrian access. (c) After April 20, 2015, Medical Marijuana Licensed Premises shall be limited to the following locations but shall otherwise be exempt from the distance limitations of this Chapter: • 4695 South Windermere Street, Units A & B • 4332 South Broadway • 11 West Hampden Avenue, Suite 102 • 5005 South Federal Boulevard 2. Reasonable restrictions on the size of an applicant's Licensed Premises shall be as follows: (a) All Medical Marijuana Optional Premises Cultivation Operations shall not exceed five thousand (5,000) square feet. (b) Restrictions on the size of licensed Medical Marijuana premises shall be reasonable based upon the specific location, site, and premises. 3. Any other requirements necessary to ensure the control of the premises and the ease of enforcement of the terms and conditions of the License, including the following: (a) Any cultivation or manufacture of Medical Marijuana within a Multi-Tenant building shall have a heating, ventilation and air conditioning system separate from the rest of the building. Amending Title 5, Section 5-3D-3 of the Englewood Municipal Code. 5-3D-3: Definitions. Any word or term used that is defined in Article XVIII, Section 14 (1)(f) of the Colorado Constitution; in § 25-1.5-101 et seq. C.R.S. or in the Colorado Medical Marijuana Code, § 44-11- 101 et seq. C.R.S. shall have the same meaning that is ascribed to such word or term in those Constitutional provisions or C.R.S. sections unless the definition is amended by this section. Direct Measurement: means a straight line from the nearest property line of the school or campus to the nearest portion of the building used for medical marijuana. Good Cause: for purposes of refusing or denying a license renewal, reinstatement, or initial license issuance means: Page 119 of 137 8 1. The licensee or applicant has violated, does not meet, or has failed to comply with any of the terms, conditions, or provisions of Article 11 of Title 44 C.R.S., and rules promulgated pursuant to this Title, or any supplemental local law, rules, or regulations; 2. The licensee or applicant has failed to comply with any special terms or conditions that were placed on its license pursuant to an order of the State or Local Licensing Authority; 3. The licensed premises have been operated in a manner that adversely affects the public health, welfare or the safety of the immediate neighborhood in which the establishment is located. Evidence to support such a finding may include: a. A continuing pattern of offenses against the public peace, as defined in Title 7 of this Code. b. A continuing pattern of drug-related criminal conduct within the premises or in the immediate area. c. A continuing pattern of criminal conduct directly related to or arising from the facility. 4. The licensed premises will impair the use or development of adjacent conforming properties or alter the essential character of the neighborhood. Hearing Officer: means the individual who has been identified as the Englewood Local Liquor and Marijuana Licensing Authority and given the authority to grant, deny or revoke a liquor or marijuana license. Hearing Officer carries the same definition as that in 2-6-1(A)(2) of the Englewood Municipal Code. License: means to grant a license or registration pursuant to this Title. Licensed Premises: means the premises specified in an application for a license under this Title, which are owned or in possession of the licensee and within which the licensee is authorized to cultivate, manufacture, distribute, or sell Medical Marijuana in accordance with the provisions of Article 11 of Title 44 C.R.S. Licensee: means a person licensed or registered pursuant to Article 11 of Title 44 C.R.S. and this Title. Local Licensing Authority: means the Englewood Local Liquor and Medical Marijuana Licensing Authority as established in E.M.C. 2-6-1. Local Licensing Official: means the Director of Finance and Administrative Services or designee, Official designated to issue a license following approval by the Local Licensing Authority. Location: means a particular parcel of land that may be identified by an address or other descriptive means. Medical Marijuana: means Marijuana that is grown and/or sold pursuant to the provisions of § 106 of Article 1.5 of Title 44 C.R.S.; Article 11 of Title 44 C.R.S. and for a purpose authorized by Section 14 of Article XVIII of the State Constitution. Medical Marijuana Center: means a person licensed pursuant to Article 11 of Title 44 C.R.S. to operate a business as described in Article 11 of Title 44 C.R.S. that sells Medical Marijuana to Page 120 of 137 9 registered patients or Primary Care-Givers as defined in Section 14 of Article XVIII of the State Constitution, but is not a Primary Care-Giver. Medical Marijuana-Infused Product: means a product infused with Medical Marijuana that is intended for use or consumption other than by smoking, including, but not limited to, edible products, ointments, and tinctures. These products, when manufactured or sold by a licensed Medical Marijuana Center or a Medical Marijuana-Infused Product Manufacturer, shall not be considered a food or drug for the purposes of the "Colorado Food and Drug Act", Part 4 of Article 5 of Title 25, C.R.S. Medical Marijuana-Infused Product Manufacturer: A person licensed pursuant to Article 11 of Title 44 C.R.S. to operate a business as described in Article 11 of Title 44 C.R.S. Medical Marijuana Optional Premises Cultivation Operation: means the premises specified in an application for a Medical Marijuana Center License with related growing facilities in Colorado for which the Licensee is authorized to grow and cultivate Marijuana for a purpose authorized by Section 14 of Article XVIII of the State Constitution. Multi-Tenant Building: A building that is or can be occupied by more than one tenant. Patient: a person who meets the definition of patient under Article XVIII, Section 14 (1)(d) of the Colorado Constitution and applicable law or regulation. Person: means a natural person, partnership, association, company, corporation, limited liability company, or organization, or a manager, agent, owner, director, servant, officer, or employee thereof. Premises: means a distinct and definite location, which may include a building, a part of a building, a room, or any other definite contiguous area. Primary Care-Giver: In addition to the definitions set forth in Section 14(1) (f) of Article XVIII of the State Constitution, as used in Article 11 of Title 44 C.R.S., unless the context otherwise requires, "Primary Care-Giver" means a natural person, or as may be more fully defined in any applicable Federal or State law or regulation. School: means a public or private preschool or a public or private elementary, middle, junior high, or high school, college or campus of a college. Smoking: means the burning of a lighted cigarette, cigar, pipe, or any other matter or substance that contains tobacco or Medical Marijuana as defined by Article 11 of Title 44 C.R.S. State Licensing Authority: means the Authority created for the purpose of regulating and controlling the Licensing of the cultivation, manufacture, distribution, and sale of Medical Marijuana in this State, pursuant to Article 11 of Title 44 C.R.S. Amending Title 5, Section 5-3E-2 of the Englewood Municipal Code. 5-3E-2: Powers and Duties of the Local Licensing Authority. A. The Local Licensing Authority as established in E.M.C. 2-6-1 shall grant or deny local Licenses for the distribution and sale of Retail Marijuana as provided by law; suspend, fine, restrict, or revoke such Licenses upon a violation of this Chapter or a rule promulgated pursuant Page 121 of 137 10 to this Chapter; and may impose any penalty authorized by this Chapter or any rule promulgated pursuant to this Chapter, the Local Licensing Authority may take action with respect to a License pursuant to this Title, and all in accordance with the authority and procedures established pursuant to this Chapter and in Title E.M.C. 2-6-1. B. The Local Licensing Authority shall promulgate such rules and make such special rulings and findings as necessary for the proper regulation and control of the distribution and sale of Retail Marijuana and for the enforcement of this Chapter. C. The Local Licensing Authority hereby adopts shall comply with the minimum licensing requirements of Article 12 of Title 44 C.R.S. to apply to in association with the issuance of a Retail Marijuana Store License. D. On and after January 1, 2017, the Local Licensing Authority shall begin receiving and processing applications under this Chapter. The Local Licensing Authority is authorized to administratively approve any License application under this Chapter so long as the conditions set forth in the Chapter are met and the applicant has paid the operating fee and any other fees required by this Chapter. E. Prior to January 1, 2019, the Local Licensing authority may receive and process applications for a Retail Marijuana Store pursuant to Section 5-3E-4 of this Chapter only if the applicant is a Medical Marijuana Center duly licensed as of June 1, 2016 under 5-3D-1 et. seq. of the Englewood Municipal Code 2000. Amending Title 5, Section 5-3E-3 of the Englewood Municipal Code. 5-3E-3: Definitions. Any word or term used that is defined in any of the following provisions shall have the same meaning that is ascribed to such word or term as used in the following provisions: Article XVIII, Section 16(2) of the Colorado Constitution; the Colorado Retail Marijuana Code, C.R.S. § 44-12- 101, et seq.; Article XVIII, Section 14(1)(b-j) of the Colorado Constitution; or the Colorado Medical Marijuana Code, C.R.S. § 44-11-101, et seq. Colorado Medical Marijuana Code: Article 11 of Title 44 of the Colorado Revised Statutes, as amended, and any regulations promulgated thereto. Colorado Retail Marijuana Code: Article 12 of Title 44 of the Colorado Revised Statues, as amended, and any regulations promulgated thereto. Direct Measurement: A straight line from the nearest property line of the school or campus to the nearest portion of the building used for Retail Marijuana. Good Cause: For purposes of refusing or denying a License renewal, reinstatement, or initial License issuance means: 1. The Licensee or applicant has violated, does not meet, or has failed to comply with any of the terms, conditions, or provisions of Article 12 of Title 44 C.R.S., and rules promulgated pursuant to the CRMC, or any supplemental local law, rules, or regulations; Page 122 of 137 11 2. The Licensee or applicant has failed to comply with any special terms or conditions that were placed on its License pursuant to an order of the State of Local Licensing Authority; 3. The Licensed Premises have been operated in a manner that adversely affects the public health, welfare or the safety of the immediate neighborhood in which the establishment is located. Evidence to support such a finding may include: a. A continuing pattern of offenses against the public peace, as defined in Title 7 of this Code. b. A continuing pattern of criminal conduct under state or local law directly related to or arising from the Licensed Premises. License: A license or registration granted pursuant to this chapter. Licensed Premises: The premises specified in an application for a License under this chapter, which are owned or in possession of the Licensee and within which the Licensee is authorized to distribute, or sell Retail Marijuana in accordance with the provisions of the Colorado Retail Marijuana Code. Licensee: A person licensed or registered pursuant to the Colorado Retail Marijuana Code and this chapter. Local Licensing Authority: The Englewood Local Liquor and Marijuana Licensing Authority. Local Licensing Official: The Director of Finance and Administrative Services or designee. Official designated to issue a license following approval by the Local Licensing Authority. Location: A particular parcel of land that may be identified by an address or other descriptive means. Multi-Tenant Building: A building that is or can be occupied by more than one (1) tenant. Person: A natural person, partnership, association, company, corporation, limited liability company, or organization, or a manager, agent, owner, director, servant, officer, or employee thereof. Premises: A distinct and definite location, which may include a building, a part of a building, a room, or any other definite contiguous area. School: A public or private preschool or a public or private elementary, middle, junior high, or high school, college or principal campus of a college. State Licensing Authority: The Authority created for the purpose of regulating and controlling the licensing of the cultivation, manufacture, distribution, and sale of Medical and Retail Marijuana in the State, pursuant to Article 12 of Title 44 C.R.S. 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 within specific Titles, Chapters, or Sections of the Englewood Municipal Code, such Title 1, Page 123 of 137 12 Chapter 2 including provisions regarding severability, inconsistent ordinances or code provisions, effect of repeal or modification, and legislation not affected by repeal. Enforcement. E.M.C. Title 1, Chapter 4, “General Penalty” provisions 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 7th day of October, 2019. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 10th day of October, 2019. Published as a Bill for an Ordinance on the City’s official website beginning on the 9th day of October, 2019. 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 7th day of October, 2019. Stephanie Carlile Page 124 of 137 13 Page 125 of 137 1 BY AUTHORITY ORDINANCE NO. 65 COUNCIL BILL NO. 67 SERIES OF 2017 INTRODUCED BY COUNCIL MEMBER GILLIT AN ORDINANCE AMENDING TITLE 2, CHAPTER 6, SECTION 1, AND TITLE 5, SECTIONS 5-3A-2, 5-3A-3, 5-3D-2, 5-3D-3, AND 5-3E-2 OF THE ENGLEWOOD MUNICIPAL CODE 2000 ALL PERTAINING TO THE ENGLEWOOD LOCAL LIQUOR AND MARIJUANA LICENSING AUTHORITY. WHEREAS, Amendment to the Colorado Constitution and subsequent legislation resulted in the City of Englewood approving a method for licensure of Medical Marijuana under the City’s previously established local licensing authority; WHEREAS, Approval by the electors of the City of Englewood of the licensure of Retail Marijuana resulted in the City of Englewood approving a method for licensure of Retail Marijuana under the City’s previously established local licensing authority; WHEREAS, Licensure of all types of Alcoholic Beverage, Medical Marijuana, and Retail Marijuana has, over time, become vested in the City’s local licensing authority; WHEREAS, It has become necessary to establish consistency in terminology across all sections of the Englewood Municipal Code utilizing the local licensing authority, and to designate such authority as the Englewood Liquor and Marijuana Licensing Authority; and WHEREAS, The complexity of application of State rules and regulations associated with alcoholic beverage licensing and marijuana licensing necessitates changing the Local Liquor and Marijuana Licensing Authority to a position held by a Hearing Officer. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The City Council of the City of Englewood, Colorado hereby authorizes amending Title 2 of the Englewood Municipal Code 2000 as follows: Page 126 of 137 2 Amending Title 2, Section 2-6-1 of the Englewood Municipal Code Chapter 6 – ENGLEWOOD LOCAL LIQUOR, MEDICAL MARIJUANA, AND RETAIL MARIJUANA LICENSING AUTHORITY 2-6-1: Licensing Authority Established. A. There is hereby established a Local Licensing Authority, which shall have and is vested with the authority to grant or refuse licenses for the sale at retail of malt, vinous or spirituous liquors and fermented malt beverages, as provided by law, to suspend or revoke such licenses for cause in the manner provided by law. Such authority shall have all the powers of the Local Licensing Authority as set forth in Articles 46, 47 and 48 of Title 12, C.R.S. 1973. See Title 5, Chapter 3, Article A of this Municipal Code for the organization, powers, functions and duties of the Local Licensing Authority. A. Englewood Local Liquor and Marijuana Licensing Authority. 1. Establishment. There is hereby established an Englewood Local Liquor and Marijuana Licensing Authority (“Local Licensing Authority” or “Authority”), which is vested with the authority to grant or refuse permits and licenses, to conduct investigations as are required by law, and to suspend or revoke such licenses for cause in the manner provided by law. Such Authority shall have all the powers of the Local Licensing Authority, as set forth in Articles 43.3, 43.4, 46, 47 and 48 of Title 12, C.R.S., and as otherwise granted to it in this Title 5. 2. Hearing Officer. The Local Licensing Authority shall consist of a sole Hearing Officer who shall be selected following a standard rfq process, and in conformance with the Purchasing Policies & Procedures of the City, and shall serve at the pleasure of the City Council. The Hearing Officer shall be annually appointed/reappointed by the City Council by resolution and may be removed with or without cause by a majority vote of the City Council. The City Council shall establish compensation for the Hearing Officer. The City Council may, in its discretion, appoint an alternate Hearing Officer who may serve when the appointed Hearing Officer is unavailable or has a conflict with a pending matter. The term "Hearing Officer" shall be synonymous with "Local Licensing Authority" as used throughout this section 3. Qualifications of Hearing Officer. The Hearing Officer shall be an individual licensed to practice law in the State of Colorado, with sufficient knowledge and expertise to apply and enforce the Colorado Beer Code (C.R.S. 12-46-101, et seq.), Colorado Liquor Code (C.R.S. 12-47-101, et seq.), Special Events Code (C.R.S. 12-48-101, et seq.), Medical Marijuana Code (C.R.S. 12-43.3-101, et seq.), Retail Marijuana Code (C.R.S. 12-43.4-101, et seq.), and the equivalent sections of the Englewood Municipal Code regulating the licensing of liquor or marijuana establishments in the City of Englewood, Colorado. The Hearing Officer shall not hold any other City of Englewood office, appointment or position. The Hearing Officer shall not have any financial interest in the operation of any business located or operating in the City of Englewood holding a license pursuant to any of the Codes listed within this paragraph. Page 127 of 137 3 4. Rules of procedure; conduct of hearings. In conformance with applicable statutes and the Englewood Municipal Code, the Hearing Officer serving as the Local Licensing Authority shall have the power to decide matters brought before it following a public hearing. Public hearings shall be held in in accordance with the procedural rules and regulations for hearings as set forth in Title 1, Chapter 10, and/or as adopted by the Local Licensing Authority. The Authority may also adopt rules of procedure and regulations concerning the application and renewal processes. All hearings before the Local Licensing Authority shall be public. 5. Meetings. The Local Licensing Authority shall hold a regular meeting once each calendar month, unless there is no business to conduct. The Local Licensing Authority may call special meetings after consultation with the City Clerk or the City Clerk's designee. Notification of the public of such special meetings shall be completed in the same manner as the regular meetings of the Authority. The purpose of meetings shall be to conduct public hearings regarding licensure in conformance with applicable provisions of the Englewood Municipal Code. 6. Subpoena power and violations. The Local Licensing Authority shall have the power to administer oaths and issue subpoenas to require the presence of persons and the production of documents, data compilations and other evidence at any hearing before the authority. A subpoena shall be served in the same manner as a subpoena issued by the municipal court of the City, in accordance with 1-10-3 of the EMC. It shall be unlawful for any person to fail to comply with any subpoena or order to produce documents, data compilations or other evidence issued by the authority. The municipal court shall enforce the subpoenas of the Authority and, upon good cause shown, shall enter orders compelling witnesses to attend and testify or produce documents, data compilations or other evidence, and shall impose penalties or punishment for contempt in case of failure to comply with such orders. 7. Investigators. Such person or persons as the City Manager shall designate shall serve as investigators or perform investigative duties on behalf of the Local Licensing Authority. B. There is hereby established a Local Licensing Authority to issue only the following Medical Marijuana Licenses upon payment of a fee and compliance with all Local Licensing requirements to be determined by the Local Licensing Authority as set forth in Article 43.3 of Title 12 C.R.S.: 1. A Medical Marijuana Center License; 2. A Medical Marijuana Optional Premises Cultivation Operation License; 3. A Medical Marijuana-Infused Products Manufacturer License. B. The Local Licensing Authority is vested with the authority to grant or refuse licenses for the sale at retail of malt, vinous or spirituous liquors and fermented malt beverages, as provided by law, and to suspend or revoke such licenses for cause in the manner provided by law. Such authority shall have all the powers of the Local Licensing Authority as set forth in Articles 46, 47 and 48 of Title 12, C.R.S. Page 128 of 137 4 C. The Local Licensing Authority is vested with the authority to issue only the following Medical and Retail Marijuana Licenses upon payment of a fee and compliance with all Local Licensing requirements to be determined by the Local Licensing Authority as set forth in Article 43.3 and 43.4 of Title 12 C.R.S.: 1. A Medical Marijuana Center License; 2. A Medical Marijuana Optional Premises Cultivation Operation License; 3. A Medical Marijuana-Infused Products Manufacturer License; 4. A Retail Marijuana Store License. Section 2. The City Council of the City of Englewood, Colorado hereby authorizes amending Title 5 of the Englewood Municipal Code 2000 as follows: Amending Title 5, Section 5-3A-2 of the Englewood Municipal Code 5-3A-2: Definitions. Certain terms and expressions used herein shall have the following meanings. All other words and phrases used in this article shall have the meanings attached by the Colorado Statutes regulating the sale of liquor and fermented malt beverages, or if not otherwise defined by law, are used in their common, ordinary and accepted sense and meaning. Applicant: A. If aAn individual, that person making an application for a license under this Code; B. If a partnership, All partners of a partnership which is making application for a license under this Code; or C. If a corporation, Any officer, director, manager or any stockholder therein of a corporation making application for a license under this Code. Authority or Local Licensing Authority: The local licensing authority of the City Englewood Local Liquor and Marijuana Licensing Authority. Investigator: The licensing investigator as set forth in Section 5-3A-3G of this article Section 2-6-1(A)(7) of the Englewood Municipal Code. Manager: That person or those persons who manage, direct, supervise, oversee and administer the acts, transactions and acts of servants or the establishments governed by this Article. Amending Title 5, Section 5-3A-3 of the Englewood Municipal Code 5-3A-3: Englewood Local Liquor and Marijuana Licensing Authority Established. A. Establishment. Vesting of Authority. There is hereby established an Englewood Local Liquor and Marijuana Licensing Authority (“Local Licensing Authority” or “Authority”), which is vested with the authority to grant or refuse permits and licenses for the sale at retail of malt, Page 129 of 137 5 vinous or spirituous liquors and fermented malt beverages, to conduct investigations as are required by law, and to suspend or revoke such licenses for cause in the manner provided by law. Such Authority shall have all the powers of the Local Licensing Authority, as set forth in Articles 46, 47 and 48 of Title 12, C.R.S. 1973. B. Said authority shall consist of five (5) qualified electors of the City who shall be appointed by the City Council. Of those initially appointed, two (2) shall be for a term of three (3) years, two (2) for a term of two (2) years, and one (1) for a one year term. Thereafter, appointments hall be for a three-year term. No person shall serve as a member of the Local Licensing Authority who shall have any interest in the operation of a liquor establishment or in one serving fermented malt beverages or who has a member of his or her immediate family who has such an interest. C. Any member of the Licensing Authority may be removed with or without cause by five (5) concurring votes of the City Council. Any vacancy occurring on the Licensing Authority shall be filled for the unexpired term by the City Council. D. The authority shall annually elect a chairman from its number who shall preside over all hearings and proceedings of the authority. The chairman may designate a member of the authority to assume his duties in his absence. A quorum shall consist of three (3) members, and a decision of a majority of the members of the authority shall control. Any absent member may join in a decision of the authority after he has considered the evidence adduced in any hearings conducted during his absence. All decisions are final, subject only to appeal to a court of competent jurisdiction. E. Members of the authority shall serve without compensation, but shall be reimbursed for any necessary expenditures incurred in the performance of their duties. F. The City Clerk shall receive all applications for licenses, and shall issue all licenses granted by the authority, upon receipt of such license fees and taxes as are required by law and this Code. The City Clerk shall serve as the official secretary of the authority and shall designate a person or persons to provide the necessary secretarial and report services for the authority. The City Clerk or designee shall attend the meetings of the authority. All public notice shall be made by publication on the City’s official website, or in a newspaper designated by City Council as the City’s official newspaper and by the posting of signs, as required by the Colorado Liquor Code, shall be made by the City Clerk. G. Such person or persons as the City Manager shall designate shall serve as investigators or perform investigative duties on behalf of the Local Licensing Authority. B. Delegation of authority to City Clerk. The City Clerk is authorized to act as the Local Licensing Authority for the following Colorado Liquor Code and Colorado Beer Code licensing functions: 1. Processing and issuance of special events permits pursuant to Article 48 of Title 12, C.R.S., provided that there are no parties filing a written objection to said permit. Page 130 of 137 6 2. Annual Colorado Liquor Code and Colorado Beer Code license renewals, provided that the licensee has not violated any provisions of the Colorado Liquor or Beer Codes and associated regulations during the preceding year. 3. Changes in shareholders, officers, directors or trade names of a licensee, or registration and/or changes in on-site manager, provided that any investigation conducted by the City does not reveal information that may reasonably form the basis of a determination that the applicant is not qualified to hold the respective license. 4. The issuance of temporary permits pursuant to and in compliance with the provisions of C.R.S. 12-47-302, and C.R.S. 12-47-303. A temporary permit fee shall be charged in conjunction with the issuance of each temporary permit. 5. Request to Change, Alter or Modify the Premises as set forth in E.M.C. 5-3A- 8. 6. Tasting permits issued in accordance with C.R.S. 12-47-301(10) and applicable provisions of the Englewood Municipal Code. 7. Transfer of ownership. The City Clerk may refer any licensing decision authorized under this section to the Local Licensing Authority if, in the Clerk's discretion, the matter should be presented to the Local Licensing Authority. C. Duties of the City Clerk. The City Clerk shall receive all applications for licenses, and shall issue all licenses granted by the Authority, upon receipt of such license fees and taxes as are required by law and this Code. The City Clerk shall serve as the official secretary of the Local Licensing Authority and shall designate a person or persons to provide the necessary secretarial and reporting services for the Local Licensing Authority. The City Clerk or designee shall attend the meetings of the Local Licensing Authority. All public notice shall be made by publication on the City's official website, or in a newspaper designated by City Council as the City's official newspaper. All signs required to be posted by the Colorado Liquor Code, shall be made by the City Clerk. Amending Title 5, Section 5-3D-2 of the Englewood Municipal Code 5-3D-2: - Powers and Duties of the Local Licensing Authority. A. Vesting of Authority. The Local Licensing Authority, as established in E.M.C. 2-6-1, shall grant or refuse local licenses for the cultivation, manufacture, distribution, and sale of Medical Marijuana as provided by law; suspend, fine, restrict, or revoke such licenses upon a violation of this Title, or a rule promulgated pursuant to this Title; and may impose any penalty authorized by this Title or any rule promulgated pursuant to this Title. The Local Licensing Authority may take action with respect to a registration or a license pursuant to this Title, and in accordance with the procedures established pursuant to this Title. B. Rules and Determinations. The Local Licensing Authority shall promulgate such rules and make such special rulings and findings as necessary for the proper regulation and control of Page 131 of 137 7 the cultivation, manufacture, distribution, and sale of Medical Marijuana and for the enforcement of this Chapter. C. Compliance with C.R.S. 12-43.3. The Local Licensing Authority hereby adopts shall comply with and conform to the minimum licensing requirements of Article 43.3 of Title 12 C.R.S. when issuing a License. D. Additional licensing standards. In addition to all other standards applicable to the issuance of licenses under this Code, the Local Licensing Authority hereby adopts shall comply with and conform to the following additional standards for the issuance of Medical Marijuana Center, Medical Marijuana Optional Premises Cultivation Operation, or Medical Marijuana-Infused Products Manufacturer Licenses consistent with the intent of Article 43.3 of Title 12 C.R.S. and this Code, including as follows: 1. Distance restrictions between premises in or out of City limits for which Local Licenses are issued; shall be as follows: (a) If the building in which Medical Marijuana is to be cultivated, manufactured or sold is located within two thousand feet (2,000') of a school, an alcohol or drug treatment facility, or the principal campus of a college, university, seminary, or a residential child care facility or within two thousand five hundred feet (2,500') of an existing licensed Medical Marijuana Center, Medical Marijuana-Infused Products Manufacturer or Medical Marijuana Optional Premises Cultivation Operation. The provisions of this Section shall not affect the renewal or re-issuance of a license once granted or apply to licensed premises located or to be located on land owned by a municipality; nor shall the provisions of the Section apply to existing licensed premises on land owned by the State, or apply to a license in effect and actively doing business before said principal campus was constructed. (b) The distances referred to in this Title are to be computed by direct measurement from the nearest property line of the land used for a school or campus to the nearest portion of the building in which Medical Marijuana is to be sold, cultivated or infused, using a route of direct pedestrian access. (c) After April 20, 2015, Medical Marijuana Licensed Premises shall be limited to the following locations but shall otherwise be exempt from the distance limitations of this Chapter: • 4695 South Windermere Street, Units A & B • 4332 South Broadway • 11 West Hampden Avenue, Suite 102 • 5005 South Federal Boulevard 2. Reasonable restrictions on the size of an applicant's Licensed Premises shall be as follows: (a) All Medical Marijuana Optional Premises Cultivation Operations shall not exceed five thousand (5,000) square feet. Page 132 of 137 8 (b) Restrictions on the size of licensed Medical Marijuana premises shall be reasonable based upon the specific location, site, and premises. 3. Any other requirements necessary to ensure the control of the premises and the ease of enforcement of the terms and conditions of the License, including the following: (a) Any cultivation or manufacture of Medical Marijuana within a Multi-Tenant building shall have a heating, ventilation and air conditioning system separate from the rest of the building. Amending Title 5, Section 5-3D-3 of the Englewood Municipal Code 5-3D-3: Definitions. Any word or term used that is defined in Article XVIII, Section 14 (1)(f) of the Colorado Constitution; in § 25-1.5-101 et seq. C.R.S. or in the Colorado Medical Marijuana Code, § 12- 43.3-101 et seq. C.R.S. shall have the same meaning that is ascribed to such word or term in those Constitutional provisions or C.R.S. sections unless the definition is amended by this section. Direct Measurement: means a straight line from the nearest property line of the school or campus to the nearest portion of the building used for medical marijuana. Good Cause: for purposes of refusing or denying a license renewal, reinstatement, or initial license issuance means: 1. The licensee or applicant has violated, does not meet, or has failed to comply with any of the terms, conditions, or provisions of Article 43.3 of Title 12 C.R.S., and rules promulgated pursuant to this Title, or any supplemental local law, rules, or regulations; 2. The licensee or applicant has failed to comply with any special terms or conditions that were placed on its license pursuant to an order of the State or Local Licensing Authority; 3. The licensed premises have been operated in a manner that adversely affects the public health, welfare or the safety of the immediate neighborhood in which the establishment is located. Evidence to support such a finding may include: a. A continuing pattern of offenses against the public peace, as defined in Title 7 of this Code. b. A continuing pattern of drug-related criminal conduct within the premises or in the immediate area. c. A continuing pattern of criminal conduct directly related to or arising from the facility. 4. The licensed premises will impair the use or development of adjacent conforming properties or alter the essential character of the neighborhood. Hearing Officer: means the individual who has been identified as the Englewood Local Liquor and Marijuana Licensing Authority and given the authority to grant, deny or revoke a liquor or marijuana license. Hearing Officer carries the same definition as that in 2-6-1(A)(2) of the Englewood Municipal Code. License: means to grant a license or registration pursuant to this Title. Page 133 of 137 9 Licensed Premises: means the premises specified in an application for a license under this Title, which are owned or in possession of the licensee and within which the licensee is authorized to cultivate, manufacture, distribute, or sell Medical Marijuana in accordance with the provisions of Article 43.3 of Title 12 C.R.S. Licensee: means a person licensed or registered pursuant to Article 43.3 of Title 12 C.R.S. and this Title. Local Licensing Authority: means the Englewood Local Liquor and Medical Marijuana Licensing Authority as established in E.M.C. 2-6-1. Local Licensing Official: means the Director of Finance and Administrative Services or designee, official designated to issue a license following approval by the Local Licensing Authority. Location: means a particular parcel of land that may be identified by an address or other descriptive means. Medical Marijuana: means Marijuana that is grown and/or sold pursuant to the provisions of § 106 of Article 1.5 of Title 12 C.R.S.; Article 43.3 of Title 12 C.R.S. and for a purpose authorized by Section 14 of Article XVIII of the State Constitution. Medical Marijuana Center: means a person licensed pursuant to Article 43.3 of Title 12 C.R.S. to operate a business as described in Article 43.3 of Title 12 C.R.S. that sells Medical Marijuana to registered patients or Primary Care-Givers as defined in Section 14 of Article XVIII of the State Constitution, but is not a Primary Care-Giver. Medical Marijuana-Infused Product: means a product infused with Medical Marijuana that is intended for use or consumption other than by smoking, including, but not limited to, edible products, ointments, and tinctures. These products, when manufactured or sold by a licensed Medical Marijuana Center or a Medical Marijuana-Infused Product Manufacturer, shall not be considered a food or drug for the purposes of the "Colorado Food and Drug Act", Part 4 of Article 5 of Title 25, C.R.S. Medical Marijuana-Infused Product Manufacturer: A person licensed pursuant to Article 43.3 of Title 12 C.R.S. to operate a business as described in Article 43.3 of Title 12 C.R.S. Medical Marijuana Optional Premises Cultivation Operation: means the premises specified in an application for a Medical Marijuana Center License with related growing facilities in Colorado for which the Licensee is authorized to grow and cultivate Marijuana for a purpose authorized by Section 14 of Article XVIII of the State Constitution. Multi-Tenant Building: A building that is or can be occupied by more than one tenant. Patient: a person who meets the definition of patient under Article XVIII, Section 14 (1)(d) of the Colorado Constitution and applicable law or regulation. Person: means a natural person, partnership, association, company, corporation, limited liability company, or organization, or a manager, agent, owner, director, servant, officer, or employee thereof. Premises: means a distinct and definite location, which may include a building, a part of a building, a room, or any other definite contiguous area. Page 134 of 137 10 Primary Care-Giver: In addition to the definitions set forth in Section 14(1) (f) of Article XVIII of the State Constitution, as used in Article 43.3 of Title 12 C.R.S., unless the context otherwise requires, "Primary Care-Giver" means a natural person, or as may be more fully defined in any applicable Federal or State law or regulation. School: means a public or private preschool or a public or private elementary, middle, junior high, or high school, college or campus of a college. Smoking: means the burning of a lighted cigarette, cigar, pipe, or any other matter or substance that contains tobacco or Medical Marijuana as defined by Article 43.3 of Title 12 C.R.S. State Licensing Authority: means the Authority created for the purpose of regulating and controlling the Licensing of the cultivation, manufacture, distribution, and sale of Medical Marijuana in this State, pursuant to Article 43.3 of Title 12 C.R.S. Amending Title 5, Section 5-3E-2 of the Englewood Municipal Code 5-3E-2: Powers and Duties of the Local Licensing Authority. A. The Local Licensing Authority as established in E.M.C. 2-6-1 shall grant or refuse local Licenses for the distribution and sale of Retail Marijuana as provided by law; suspend, fine, restrict, or revoke such Licenses upon a violation of this Chapter or a rule promulgated pursuant to this Chapter; and may impose any penalty authorized by this Chapter or any rule promulgated pursuant to this Chapter, the Local Licensing Authority may take action with respect to a License pursuant to this Title, and all in accordance with the authority and procedures established pursuant to this Chapter and in Title E.M.C. 2-6-1. B. The Local Licensing Authority shall promulgate such rules and make such special rulings and findings as necessary for the proper regulation and control of the distribution and sale of Retail Marijuana and for the enforcement of this Chapter. C. The Local Licensing Authority hereby adopts shall comply with the minimum licensing requirements of Article 43.4 of Title 12 C.R.S. to apply to in association with the issuance of a Retail Marijuana Store License. D. On and after January 1, 2017, the Local Licensing Authority shall begin receiving and processing applications under this Chapter. The Local Licensing Authority is authorized to administratively approve any License application under this Chapter so long as the conditions set forth in the Chapter are met and the applicant has paid the operating fee and any other fees required by this Chapter. E. Prior to January 1, 2019, the Local Licensing authority may receive and process applications for a Retail Marijuana Store pursuant to Section 5-3E-4 of this Chapter only if the applicant is a Medical Marijuana Center duly licensed as of June 1, 2016 under 5-3D-1 et. seq. of the Englewood Municipal Code 2000. Section 3. Effective Date. This ordinance shall be published in conformance with the Englewood City Charter and shall take effect and be in force on and after January 1, 2018. All ordinances or Page 135 of 137 11 provisions of the Englewood Municipal Code modified by this ordinance shall remain in effect until superseded on the effective date of this Ordinance on January 1, 2018. Section 4. The following general provisions shall apply to interpretation and application of this Ordinance: A. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or it application to other persons or circumstances. B. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. C. Effect of repeal or modification. The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. D. Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Introduced, read in full, and passed on first reading on the 16th day of October, 2017. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 19th day of October, 2017. Published as a Bill for an Ordinance on the City’s official website beginning on the 18th day of October, 2017 for thirty (30) days. Read by Title and passed on final reading on the 6th day of November, 2017. Published by Title in the City’s official newspaper as Ordinance No. 65, Series of 2017, on the 9th day of November, 2017. Published by title on the City’s official website beginning on the 8th day of November, 2017 for thirty (30) days. Page 136 of 137 12 This Ordinance shall take effect thirty (30) days after publication following final passage. Joe Jefferson, Mayor ATTEST: Stephanie Carlile, Acting 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 the Ordinance passed on final reading and published by Title as Ordinance No. 65, Series of 2017. Stephanie Carlile Page 137 of 137