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HomeMy WebLinkAbout2018-06-04 (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, June 4, 2018 ♦ 7:30 PM 1. Call to Order 2. Invocation 3. Pledge of Allegiance 4. Roll Call 5. Consideration of Minutes of Previous Session a. Consideration of Minutes of Previous Session City Council Regular - 21 May 2018 - Minutes - Pdf b. District 1 City Council Swearing In. i. The Mayor Pro Tem will ask the City Clerk to announce the status of the election. ii. City Council will make a determination of the election and qualifications of its membership. iii. The newly-elected City Council Member will be sworn in by the Honorable Associate Judge Vincent R Atencio. iv. Reception v. 8:00 p.m. - Members of City Council are seated (in temporary spaces) and the Mayor Pro Tem asks the City Clerk to call the roll of City Council Members. The Mayor Pro Tem will then declare whether a quorum is present. vi. The Mayor Pro Tem calls for nominations for Mayor. vii. The new Mayor assumes the Chair and calls for nominations for Mayor Pro Tem. viii. Permanent seating assignments are selected by seniority. ix. Recognition of families and/or guests of the newly-elected Member of City Council. 6. 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 Manager’s Office. Only those who meet the deadline can speak in this section. (This is an opportunity for the public to address City Council. There is an expectation that the presentation will be conducted in a respectful manner. Council may ask questions for clarification, but there will not be any dialogue. Please limit your presentation to five minutes.) a. Doug Cohn, an Englewood resident, will address Council regarding historic preservation. Page 1 of 80 Englewood City Council Regular Agenda June 4, 2018 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. 7. 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 conducted in a respectful manner. Council may ask questions for clarification, but there will not be any dialogue. Please limit your presentation to three minutes. Time for unscheduled public comment m ay be limited to 45 minutes, and if limited, shall be continued to General Discussion.) Council Response to Public Comment. 8. Communications, Proclamations, and Appointments 9. Consent Agenda Items a. Approval of Ordinances on First Reading b. Approval of Ordinances on Second Reading. i. CB 16 - Arapahoe County Collaborative Transportation Forum Agreement CB 16 - Arapahoe County Collaborative Transportation Forum Agreement - Pdf Staff recommends Council approve an Ordinance for an Intergovernmental Agreement to join the transportation forum. Staff: City Manager Eric Keck c. Resolutions and Motions 10. Public Hearing Items 11. Ordinances, Resolutions and Motions a. Approval of Ordinances on First Reading i. CB 15 - IGA with Arapahoe for CDBG and HOME Program CB 15 - Intergovernmental Cooperation Agreement between the City and Arapahoe County - Pdf Staff recommends Council approve a Bill for an Ordinance authorizing the execution of a three-year Intergovernmental Cooperation Agreement (IGA) between Arapahoe County and the City of Englewood relating to the conduct of Community Development Block Grant (CDBG) and Home Investment Partnership (HOME) programs for program grant years 2019 - 2021. Staff: Director of Community Development Brad Power b. Approval of Ordinances on Second Reading i. CB 12 - Retail Liquor Tasting Permit CB 12 - Retail Liquor Tasting Permit Ordinance - Pdf Staff is recommending Council approve an Ordinance establishing a Retail Liquor Tasting Permit in accordance with C.R.S. 12-47-301(10) and applicable provisions of the Englewood Municipal Code. Staff: Deputy City Clerk Jackie McKinnon Page 2 of 80 Englewood City Council Regular Agenda June 4, 2018 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. c. Resolutions and Motions i. Retail Liquor Tasting Permit Fee Retail Liquor Tasting Permit Fee 2018 - Pdf Staff is recommending Council approve a resolution establishing Retail Liquor Tasting Permit Fees in accordance with C.R.S. 12-47-301(10) and applicable provisions of the Englewood Municipal Code with an effective date of June 5, 2018. Staff: Deputy City Clerk Jackie McKinnon 12. General Discussion a. Mayor's Choice i. Executive Session for discussion of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators, under C.R.S. Section 24-6402(4)(e). b. Council Members' Choice 13. City Manager’s Report 14. City Attorney’s Report 15. Adjournment Page 3 of 80 MINUTES City Council Regular Meeting Monday, May 21, 2018 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 Pro Tem Russell at 7:09 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 Pro Tem Rita Russell Council Member Laurett Barrentine Council Member Amy Martinez Council Member Linda Olson Council Member Cheryl Wink COUNCIL ABSENT: Council Member Dave Cuesta STAFF PRESENT: City Manager Keck City Attorney McKenney Brown Assistant City Manager Woulf City Clerk Carlile Deputy City Clerk McKinnon Director Rinkel, Finance and Administrative Services Director Brennan, Utilities Director Power, Community Development Director Kuosman, South Platte Water Renewal Partners Deputy Director of Strategic Program Corning, South Platte Water Renewal Partners Chief Building Official Montanez, Community Development Deputy Director Business Administration/Communications Manager Doane, South Platte Water Renewal Partners Page 1 of 9 Draft Page 4 of 80 City Council Regular May 21, 2018 Facility Services and Maintenance Administrator Long, Public Works Technical Support Specialist II Munnell, Information Technology Engineering Manager Weller, Utilities Commander Fender, Police Department 5 Consideration of Minutes of Previous Session a) Minutes of the Regular City Council Meeting of May 7, 2018 Moved by Council Member Linda Olson Seconded by Council Member Cheryl Wink TO APPROVE THE MINUTES AS AMENDED OF THE REGULAR CITY COUNCIL MEETING OF MAY 7, 2018. For Against Abstained Amy Martinez x Linda Olson (Moved By) x Laurett Barrentine x Rita Russell x Cheryl Wink (Seconded By) x 5 0 0 Motion CARRIED. 6 Recognition of Scheduled Public Comment a) Matt Millen, an Englewood resident, addressed Council regarding ransomware attacks. b) Doug Cohn, an Englewood resident, addressed Council regarding historic preservation. 7 Recognition of Unscheduled Public Comment a) Jerry Walker, an Englewood resident, addressed Council regarding homelessness. b) Coween Dickerson, an Englewood resident, addressed Council regarding homelessness. c) JJ Margiotto, addressed Council regarding homelessness. d) Jill Schaffer, an Englewood resident, addressed Council regarding homelessness. e) Vilan Shen, an Englewood resident, addressed Council regarding Liquor Page 2 of 9 Draft Page 5 of 80 City Council Regular May 21, 2018 Tasting Permits. f) Paul Skiziwski, an Englewood resident, addressed Council regarding ADU's. Council Responded to Public Comment. 8 Communications, Proclamations, and Appointments a) Men's Health Month Moved by Council Member Linda Olson Seconded by Council Member Laurett Barrentine TO APPROVE A PROCLAMATION DECLARING THE MONTH OF JUNE, 2018 AS MEN’S HEALTH MONTH. For Against Abstained Amy Martinez x Linda Olson (Moved By) x Laurett Barrentine (Seconded By) x Rita Russell x Cheryl Wink x 5 0 0 Motion CARRIED. 9 Consent Agenda Items Moved by Council Member Linda Olson, seconded by Council Member Amy Martinez to approve Consent Agenda Items 9 (a)(i) 9 (b)(i-ii) and 9 (c)(i - vii). Council Member Laurett Barrentine removed Agenda Item 9 (b)(ii) from Consent Agenda. Mayor Pro Tem Rita Russell removed Agenda Items 9 (c)(ii) from Consent Agenda. a) Approval of Ordinances on First Reading i) Arapahoe County Collaborative Transportation Forum Agreement COUNCIL BILL NO. 16 SERIES OF 2018 INTRODUCED BY COUNCIL MEMBER OLSON A BILL FOR AN ORDINANCE APPROVING AND AUTHORIZING AN INTER-GOVERNMENTAL AGREEMENT BETWEEN ARAPAHOE COUNTY, THE CITIES OF AURORA, CENTENNIAL, CHERRY HILLS VILLAGE, ENGLEWOOD, GLENDALE, GREENWOOD VILLAGE, Page 3 of 9 Draft Page 6 of 80 City Council Regular May 21, 2018 LITTLETON, AND SHERIDAN, THE TOWNS OF BENNETT, BOWMAR, COLUMBINE VALLEY, DEER TRAIL, AND FOXFIELD, RELATING TO THE ARAPAHOE COUNTY COLLABORATIVE TRANSPORTATION FORUM. b) Approval of Ordinances on Second Reading. i) CB 13 - CDOT IGA for Dartmouth Bridge ORDINANCE NO. 8 (COUNCIL BILL NO. 13 INTRODUCED BY COUNCIL MEMBER MARTINEZ) AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE COLORADO DEPARTMENT OF TRANSPORTATION (CDOT) AND THE CITY OF ENGLEWOOD, COLORADO THAT PERTAINS TO REHABILITATION AND WIDENING OF THE DARTMOUTH AVENUE BRIDGE OVER THE SOUTH PLATTE RIVER. ii) CB 14 - Denver Water - Englewood IGA [Clerks note: This agenda item was pulled from Consent Agenda and considered independently.] Moved by Council Member Linda Olson Seconded by Council Member Amy Martinez ORDINANCE NO. 9 (COUNCIL BILL NO. 14 INTRODUCED BY COUNCIL MEMBER BARRENTINE) AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT FOR JOINT SERVICES BETWEEN THE CITY AND COUNTY OF DENVER BY AND THROUGH ITS BOARD OF WATER COMMISSIONERS AND THE CITY OF ENGLEWOOD. For Against Abstained Amy Martinez (Seconded By) x Linda Olson (Moved By) x Laurett Barrentine x Rita Russell x Cheryl Wink x 5 0 0 Motion CARRIED c) Resolutions and Motions i) SPWRP Emergency Repairs Anaerobic Digester Complex Page 4 of 9 Draft Page 7 of 80 City Council Regular May 21, 2018 Approval of the concluding emergency funds totaling $74,512.12 expended to remedy maintenance and repair issues related to Digester No. 3 identified in February 2018 at the South Platte Water Renewal Partners (SPWRP). ii) Carpet Replacement Civic Center 3rd Fl. Finance Area & Malley Center Offices [Clerks note: This agenda item was pulled from Consent Agenda and considered independently.] Moved by Council Member Linda Olson Seconded by Council Member Laurett Barrentine Approval of a contract with Colorado Carpet Center Inc. for new carpeting for the Finance Office area on the 3rd floor of the Civic Center and the Malley Center Administrative Offices in the amount of $ 27,049.05. For Against Abstained Amy Martinez x Linda Olson (Moved By) x Laurett Barrentine (Seconded By) x Rita Russell x Cheryl Wink x 5 0 0 Motion CARRIED. iii) Professional Services Agreement AEC-West Approval of a Professional Services Agreement with AEC-West (formerly C-West) Code Consultants for plan review and inspection services in the amount of $ 130,000 (not to exceed). iv) SPWRP Stratum Consulting Partners for EAM Approval ofa professional services contract with Stratum Consulting Partners for $30,000 for specialized coding and development, consulting, and training in support of the City’s Infor EAM (Enterprise Asset Management software) implementation for the South Platte Water Renewal Partners (SPWRP). v) SPWRP Labworks Support Contract 2018 Approval of a professional services contract with Labworks, LLC., for support services for Laboratory Information Management System (LIMS) in the amount of $24,075.00 and the approval of software Page 5 of 9 Draft Page 8 of 80 City Council Regular May 21, 2018 upgrade for $7,100 for a total of $31,175. vi) SPWRP Mountain States Imaging Approval of a professional services contract with Mountain States Imaging for document scanning and imaging in the amount of $45,000.00 to support the organization’s move to an electronic data, information, and records management (DRIM) system for the South Platte Water Renewal Partners (SPWRP). vii) SPWRP Upgrade and Replacement of Fire Alarm Panels and Detectors Approval of a contract with Johnson Controls (aka SimplexGrinnell) for the upgrade and replacement of fire alarm panels and detectors at the South Platte Water Renewal Partners facility in the amount of $95,200. Moved by Council Member Linda Olson Seconded by Council Member Amy Martinez Motion to approve Consent Agenda Items 9 (a)(i), (b)(i), 9 (c)(i) and 9(c)(iii-vii). For Against Abstained Amy Martinez (Seconded By) x Linda Olson (Moved By) x Laurett Barrentine x Rita Russell x Cheryl Wink x 5 0 0 Motion CARRIED. 10 Public Hearing Items No public hearing was scheduled before Council. 11 Ordinances, Resolutions and Motions a) Approval of Ordinances on First Reading i) CB 12 - Retail Liquor Tasting Permit Moved by Council Member Linda Olson Seconded by Council Member Cheryl Wink COUNCIL BILL NO. 12 INTRODUCED BY COUNCIL MEMBER OLSON A BILL FOR AN ORDINANCE AMENDING TITLE 5, CHAPTER 3A, Page 6 of 9 Draft Page 9 of 80 City Council Regular May 21, 2018 SECTION 9, OF THE ENGLEWOOD MUNICIPAL CODE 2000 PERTAINING TO SPECIAL EVENT AND ALCOHOL TASTING PERMITS, INCLUDING AUTHORIZATION OF ALCOHOL BEVERAGE TASTINGS, AND LICENSURE THEREOF, AND AMENDING TITLE 5, CHAPTER 3B, SECTION 8, REGARDING APPLICABLE FEES, ALL WITHIN THE CITY OF ENGLEWOOD, COLORADO. For Against Abstained Amy Martinez x Linda Olson (Moved By) x Laurett Barrentine x Rita Russell x Cheryl Wink (Seconded By) x 4 1 0 Motion CARRIED. ii) CB 15 - IGA with Arapahoe for CDBG and HOME Program Moved by Council Member Linda Olson Seconded by Council Member Cheryl Wink Motion to approve Council Bill No. 15. Discussion ensued. Council Member Linda Olson withdrew her motion to approve Council Bill No. 15. Moved by Council Member Linda Olson Seconded by Council Member Laurett Barrentine Motion to table Council Bill No. 15 until the June 4, 2018 Regular Council Meeting. For Against Abstained Amy Martinez x Linda Olson (Moved By) x Laurett Barrentine (Seconded By) x Rita Russell x Cheryl Wink x 4 1 0 Motion Item was tabled. b) Approval of Ordinances on Second Reading Page 7 of 9 Draft Page 10 of 80 City Council Regular May 21, 2018 There were no additional Ordinances on Second Reading. (See Agenda Item 9 (b) (i-ii).) c) Resolutions and Motions i) Englewood Recreation Center Flat Roofs & Skylight Replacements Moved by Council Member Linda Olson Seconded by Council Member Amy Martinez Motion to approve a contract with Garland/DBS for the amount of $399,536 to replace the specified flat roofs and the skylight over the "kiddie pool" at the Englewood Recreation Center. For Against Abstained Amy Martinez (Seconded By) x Linda Olson (Moved By) x Laurett Barrentine x Rita Russell x Cheryl Wink x 5 0 0 Motion CARRIED. ii) Resolution for a year-end supplemental appropriation to the 2017 Budget Moved by Council Member Linda Olson Seconded by Council Member Amy Martinez Motion to approve amended Resolution (amendment - strike through/remove "Total use of funds $235,000") RESOLUTION NO. 17 SERIES OF 2018 A RESOLUTION APPROVING A SUPPLEMENTAL APPROPRIATION TO THE 2017 BUDGET. For Against Abstained Amy Martinez (Seconded By) x Linda Olson (Moved By) x Laurett Barrentine x Rita Russell x Cheryl Wink x 5 0 0 Page 8 of 9 Draft Page 11 of 80 City Council Regular May 21, 2018 Motion CARRIED. 12 General Discussion a) Mayor's Choice i) Mayor Pro Tem Russell stated that she felt there was a portion of the Executive Session conducted on May 7, 2018 that occurred outside of the law. Discussion ensued. Moved by Council Member Rita Russell Seconded by Council Member Laurett Barrentine Motion to release a portion of the Executive Session held on May 7, 2018 that was discussed outside of the law. For Against Abstained Amy Martinez x Linda Olson x Laurett Barrentine (Seconded By) x Rita Russell (Moved By) x Cheryl Wink x 2 3 0 Motion Defeated b) Council Members' Choice 13 City Manager’s Report 14 City Attorney’s Report 15 Adjournment MAYOR PRO TEM RUSSELL MOVED TO ADJOURN. The meeting adjourned at 8:57 p.m. City Clerk Page 9 of 9 Draft Page 12 of 80 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Eric Keck DEPARTMENT: City Manager's Office DATE: June 4, 2018 SUBJECT: CB 16 - Arapahoe County Collaborative Transportation Forum Agreement DESCRIPTION: CB 16 - Arapahoe County Collaborative Transportation Forum Agreement RECOMMENDATION: Council shall review the attached Intergovernmental Agreement and determine whether or not to approve its form. The City's legal staff has reviewed the agreement and found it to be sufficient. Staff recommends approval of the Intergovernmental Agreement to join the transportation forum. PREVIOUS COUNCIL ACTION: Council Study Session 14 May 2018 SUMMARY: Every four years the State of Colorado Department of Transportation (CDOT) is required by federal regulations through the Federal Highway Administration (FHWA) to complete a statewide Transportation Improvement Plan. The process to complete these plans is required to be led by the regional Metropolitan Planning Organizations (MPO), in the Denver region this is the Denver Regional Council of Governments (DRCOG). The TIP creates a statewide priority project list that drives the allocation of federal transportation funds and grants that are allocated to each state. Most people see this as money for roads but there are large cutouts that occur in the allocation to the states to support non-road specific projects, for example transit, air quality, multi-modal, freight rail, and safety. The MPOs also assist in the designation of the project list for these areas but the project priorities are set in a different methodology. TIP funds can only be used for new capacity, congestion, safety, design/studies or environmentally important projects, the funds cannot be used for maintenance. DRCOG has initiated a new process for determining what projects should be included in the 2020-2023 TIP. The “dual model” process provides an opportunity to fund local priority projects in addition to regional priority projects. There will be focus on Metro Vision and the Regional Transportation Plan The process for the next four year TIP is underway currently to coincide with the federal funding year that begins in October 2019. In the process of preparing a TIP all MPOs must develop a set of project scoring criteria that cover a range of factors to develop a final project priority list that creates the most value and highest use of dollars. The scoring process is managed through the Technical Advisory Committee (TAC) and proceeds for final approval to the DRCOG Board. Historically, DRCOG has managed a process where all project submissions and scoring is complete in one large super regional pot. Beginning with the 2019 cycle DRCOG has adopted a new model that creates a regional pot of funds and then eight sub regional allocations, this model was used in Page 13 of 80 the Seattle Metro area for the last two TIP cycles. The funds are allocated 20% to regional and 80% sub regional. The sub regions are laid out by county. The City of Englewood is part of three sub regions: Arapahoe, Douglas, and Jefferson Counties. In the process the DRCOGTIP Policy Working Group is creating a set of master scoring criteria that all sub regions must use as baseline but can then be customized to meet local needs. For example, Arapahoe County has chosen to further subdivide the region into three areas; East, Central, West, as there are major differences in the transportation characteristics, needs and dynamics in each area. Regional projects require a 50% local match, while sub regional projects will require between 20 -30% match. It is required that each sub region develop an IGA or MOU between all partners to assure that there is agreement on how the process will occur, be scored, and what the primary core tenets are in decision making. Each region will have a “forum” that will include an executive committee of elected officials from each jurisdiction, as well as a TAC for the details of scoring and technical review. Englewood will need to participate in three IGAs. This item is the first of the three to come forward. Within Arapahoe County the Forum has hosted over a dozen meetings to date to move the process quickly and has received concurrence on the proposed IGA by the 14 jurisdictions in the sub region. The TIP process does not guarantee funds to any city or county, it produces a priority project list that accounts for many factors in creating the most effective funding allocation list. The TIP will have over 100 projects on the final program list but perhaps 20 will making the funding cut line. The TIP also provides a mechanism to prioritize projects if additional funding were to become available during the 4-year TIP cycle, for example in the case of Congress providing a boost in transportation funds through a transportation investment package. More information on the DRCOG TIP process can be found at: https://drcog.org/programs/transportationplanning/transportation-improvement- program/2020-2023-transportation Once the City approves the Intergovernmental Agreement (IGA) which is attached, the Council will need to appoint a member of the Council to the Arapahoe County Executive Committee or Arap CO Exec Committee who will work with the other members of the Committee to create a project funding list. This project funding list will be then be submitted to DRCOG for each TIP cycle. The Council will also need to appoint an alternate to the ArapCO Exec Committee who would serve when the main appointee cannot serve. Additionally, the City will need to appoint a staff member to the Arapahoe County Technical Committee. The Technical Committee is charged with the heavy lifting of review, evaluation, and scoring of project applications submitted for both regional and sub-regional projects. FINANCIAL IMPLICATIONS: There is no cost to participate in the forum. However, participation in the forum may lead to the opportunity to obtain funds for critical transportation projects that have a regional benefit as well a as benefit to the citizens of Englewood. ATTACHMENTS: Council Bill #16 Arapahoe County Collaborative Transportation Forum Agreement Page 14 of 80 1 BY AUTHORITY ORDINANCE NO. ____ COUNCIL BILL NO. 16 SERIES OF 2018 INTRODUCED BY COUNCIL MEMBER OLSON AN ORDINANCE APPROVING AND AUTHORIZING AN INTER-GOVERNMENTAL AGREEMENT BETWEEN ARAPAHOE COUNTY, THE CITIES OF AURORA, CENTENNIAL, CHERRY HILLS VILLAGE, ENGLEWOOD, GLENDALE, GREENWOOD VILLAGE, LITTLETON, AND SHERIDAN, THE TOWNS OF BENNETT, BOWMAR, COLUMBINE VALLEY, DEER TRAIL, AND FOXFIELD, RELATING TO THE ARAPAHOE COUNTY COLLABORATIVE TRANSPORTATION FORUM WHEREAS, the Denver Regional Council of Governments (“DRCOG”) allocates certain federal funds for transportation related projects eligible for federal funding through its Transportation Improvement Program (TIP”); WHEREAS, the federal funds include multi-modal facilities such as new roadways, widening of roadways, bridges, on and off-street bike and pedestrian facilities, interchanges, intersections, transit and bus service, studies, etc., (“Transportation Improvements”); WHEREAS, DRCOG is the Metropolitan Planning Organization (“MPO”) for the Denver Metropolitan Area, and has developed a Dual Model TIP process for the allocation of federal funds provided to DRCOG as the MPO, which consists of a Regional and Sub-Regional apportionment of federal funds as decided and approved by the DRCOG Board; WHEREAS, the DRCOG Board through the approval of the DRCOG TIP Policy and Criteria has established Sub-Regions within their boundary, which consists of each county as a Sub- Region for that county; WHEREAS, the DRCOG Board of Directors has authorized local governments within the Arapahoe County Sub-Region (“the Sub-Region”) to propose jointly to the DRCOG Board of Directors allocation of federal transportation funding for Transportation Improvements within Arapahoe County’s incorporated and unincorporated areas; WHEREAS, the Cities and Towns (“Agencies or Agency”) as signatories to the Intergovernmental Agreement desire to establish a forum of local Agency jurisdictions within the Arapahoe County Sub-Region in order to coordinate transportation planning and funding requests to the TIP among such participating Agencies; WHEREAS, the Forum is responsible for soliciting, selecting, recommending and submitting a list of Sub-Regional Transportation Improvement Projects (“Sub-Regional Projects”) to DRCOG; WHEREAS, communities within Arapahoe County will benefit from the collective planning efforts of the Agencies working together to implement a transportation system to ensure the efficient movement of people and goods; Page 15 of 80 2 WHEREAS, the Agencies wish to set forth their mutual understanding of how the Agencies will coordinate transportation planning efforts in Arapahoe County for purposes of submitting project funding requests to the Colorado Department of Transportation, Regional Transportation District, and the Denver Regional Council of Governments for consideration in the TIP and State Transportation Improvement Program, and to coordinate local agency funding partnerships on locally funded only projects; WHEREAS , the Agencies wish to set forth their mutual understanding of the manner in which the transportation planning efforts in Arapahoe County will be conducted and coordinated for the purpose of submitting Regional and Sub-Regional Project Funding requests to DRCOG for consideration, and also for identification, collaboration, and prioritization of transportation improvements during the off-TIP years; and WHEREAS, the passage of this Ordinance authorizes the execution of a two-year, with automatic renewals for successive two-year terms, Intergovernmental Agreement between Arapahoe County the Cities of Aurora, Centennial, Cherry Hills Village, Englewood, Glendale, Greenwood Village, Littleton and Sheridan, the Towns of Bennett, Bowmar, Columbine Valley, Deer Trail, and Foxfield relating to the Arapahoe County Collaborative Transportation Forum. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The attached “Intergovernmental Agreement between Arapahoe County, the Cities of Aurora, Centennial, Cherry Hills Village, Englewood, Glendale, Greenwood Village, Littleton, and Sheridan, the Towns of Bennett, Bowmar, Columbine Valley, Deer Trail, and Foxfield, relating to the Arapahoe County Collaborative Transportation Forum” attached hereto as Attachment A, is hereby accepted and approved by the Englewood City Council. Section 2. The Mayor and City Clerk are hereby authorized to sign and attest said Agreement for and on behalf of the City of Englewood, Colorado. Section 3. The City Manager shall be authorized to further extend and/or amend the Intergovernmental Agreement after the initial two year term Introduced, read in full, and passed on first reading on the 21st day of May, 2018. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 23rd day of May, 2018. Published as a Bill for an Ordinance on the City’s official website beginning on the 22nd day of May, 2018. Read by Title and passed on final reading on the 4th day of June, 2018. Published by Title in the City’s official newspaper as Ordinance No. ___, Series of 2018, on the 7th day of June, 2018. Published by title on the City’s official website beginning on the 6th day of June, 2018 for thirty (30) days. Page 16 of 80 3 This Ordinance shall take effect thirty (30) days after publication following final passage. , 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 2018. Stephanie Carlile Page 17 of 80 1 ArapCo Transportation Forum IGA vs9 FINAL 4-30-18 ARAPAHOE COUNTY COLLABORATIVE TRANSPORTATION FORUM AGREEMENT INTERGOVERNMENTAL AGREEMENT AMONG CITY OF AURORA TOWN OF BENNETT TOWN OF BOWMAR CITY OF CENTENNIAL CITY OF CHERRY HILLS VILLAGE TOWN OF COLUMBINE VALLEY TOWN OF DEER TRAIL CITY OF ENGLEWOOD TOWN OF FOXFIELD CITY OF GLENDALE CITY OF GREENWOOD VILLAGE CITY OF LITTLETON CITY OF SHERIDAN AND ARAPAHOE COUNTY THIS ARAPAHOE COUNTY COLLABORATIVE TRANSPORTATION FORUM AGREEMENT (the “Agreement”) is entered into effective as of the _____ day of ________, 2018 (the “Effective Date”), by and among the Cities of Aurora, Centennial, Cherry Hills Village, Englewood, Glendale, Greenwood Village, Littleton, and Sheridan, the Towns of Bennett, Bowmar, Columbine Valley, Deer Trail, and Foxfield, and Arapahoe County, all such parties being referred to collectively herein as the “Agencies” or individually, as an “Agency” WITNESSETH WHEREAS, the Agencies are all communities having governmental jurisdiction within their respective territorial boundaries within Arapahoe County, Colorado; and WHEREAS, as local government Agencies, all are authorized by the provisions of Colo. Const. art. XIV, § 18(2)(a) and C.R.S. §§ 29-1-201, et seq., to contract with one another to provide any function, service or facility lawfully authorized to each; and WHEREAS, the Denver Regional Council of Governments (“DRCOG”), through its Transportation Improvement Program (“TIP”), allocates certain federal funding for transportation- related projects eligible for federal funding, which include multi-modal facilities such as new roadways, widening of roadways, bridges, on and off-street bike and pedestrian facilities, interchanges, intersections, transit and bus service, studies, etc (“Transportation Improvements”) as the Metropolitan Planning Organization (“MPO”) for the Denver Metropolitan Area; and Attachment A Page 18 of 80 2 ArapCo Transportation Forum IGA vs9 FINAL 4-30-18 WHEREAS, DRCOG has developed a Dual Model TIP process for allocation of federal funds provided to DRCOG as the MPO, which consists of a Regional and Sub-Regional apportionment of federal funds as decided and approved by the DRCOG Board; and WHEREAS, the solicitation, evaluation, selection, and approval of Regional projects and distribution of the Regional portion of the MPO federal funds will be the sole responsibility of DRCOG and the DRCOG Board; and WHEREAS, the DRCOG Board has established that Regional Project applications shall only be accepted from the Colorado Department of Transportation (“CDOT”), Regional Transportation District (“RTD”), and the Sub-Regions within DRCOG’s boundary; and WHEREAS, the DRCOG Board through approval of the DRCOG TIP Policy and Criteria has established Sub-Regions within their boundary, which consists of each county as a Sub-Region for that county; and WHEREAS, the DRCOG Board of Directors has authorized local governments within Arapahoe County Sub-Region (“the “Sub-Region”) to propose jointly to the DRCOG Board of Directors allocation of federal transportation funding for Transportation Improvements within Arapahoe County’s incorporated and unincorporated areas (“Sub-Regional Funding”); and WHEREAS, the coordinated efforts of all the Agencies are necessary to implement the Sub-Regional Funding allocation process for the DRCOG TIP and to ensure adequate transportation infrastructure to meet the needs of Arapahoe County residents currently and in the future; and WHEREAS, the Agencies, as signatories hereto, desire to establish a forum of local Agency jurisdictions within the Arapahoe County Sub-Region (“Forum”) in order to coordinate transportation planning and funding requests to the TIP among such participating Agencies; and WHEREAS, Transportation Improvements that are eligible for funding may include such items as traffic signals, intelligent transportation systems (ITS), transportation demand management (TDM), etc. as part of that Transportation Improvement project and are considered “Elements” of the larger Transportation Improvement project, but such “Elements” shall not be submitted by the Forum to DRCOG for consideration for standalone project funding under this Agreement as each Agency is eligible to apply for such standalone “Elements” funding through the DRCOG TIP within the Traffic Signal System Improvement Program (TSSIP)/ITS and TDM Pools; and WHEREAS, pursuant to federal requirements, Agencies are eligible to submit project applications to the Forum for consideration of TIP funding if they meet the eligibility requirements for funding irrespective of whether the Agency has signed this Agreement; and WHEREAS, the Forum is responsible for selecting and submitting Regional Transportation Improvement project applications (“Regional Projects”) to DRCOG in conformity with the requirements and processes outlined in this Agreement for Arapahoe County Regional Funding with the undersigned Agencies agreeing not to submit individual projects to DRCOG directly; and Page 19 of 80 3 ArapCo Transportation Forum IGA vs9 FINAL 4-30-18 WHEREAS, the Forum is responsible for soliciting, selecting, recommending and submitting a list of Sub-Regional Transportation Improvement Projects (“Sub-Regional Projects”) to DRCOG in conformity with the requirements and processes outlined in this Agreement for Arapahoe County Sub-Regional Funding with the undersigned Agencies agreeing not to submit individual projects to DRCOG directly; and WHEREAS, Arapahoe County communities will benefit from the collective planning efforts of the Agencies working together to implement a transportation system to ensure the efficient movement of people and goods; and WHEREAS, the Agencies wish to set forth their mutual understanding of how the Agencies will coordinate transportation planning efforts in Arapahoe County for purposes of submitting project funding requests to the Colorado Department of Transportation ("CDOT”), Regional Transportation District (“RTD”), and the Denver Regional Council of Governments ("DRCOG") for consideration in the TIP and State Transportation Improvement Program (“STIP”) and to coordinate local agency funding partnerships on locally funded only projects, as appropriate; and WHEREAS, the Agencies wish to set forth their mutual understanding of the manner in which the transportation planning efforts in Arapahoe County will be conducted and coordinated for the purpose of submitting Regional and Sub-Regional Project Funding requests to DRCOG for consideration, and also for identification, collaboration, and prioritization of transportation improvements during the off-TIP cycle years. NOW, THEREFORE, THE AGENCIES HEREBY AGREE TO COOPERATE AS FOLLOWS: 1. Term. The term of the Agreement shall commence on the Effective Date and be for an initial term of two (2) years (“Initial Term”) from the Effective Date. Thereafter, this Agreement shall be automatically renewed for successive two-year (2) terms. However, after expiration of the Initial Term, any Agency may withdraw from the renewed Agreement by providing written notice of its intent to do so at least (30) days prior to the date of their withdrawal from this Agreement. The notice to withdraw shall be by formal action of the governing body of the Agency requesting withdrawal. The Agreement shall remain in effect as to all Agencies which have not withdrawn unless terminated by all of the Agencies. 2. Agency Option to Sign Agreement. If an Agency has not originally signed this Agreement, or withdraws from the Agreement pursuant to the provision in Section 1 above, such Agency may become a party to this Agreement by executing the Agreement. This opportunity to become a party to the Agreement will need to occur prior to the TIP Cycle Call for Projects applications. 3. Arapahoe County Executive Committee. There is created an Arapahoe County Executive Committee (“ArapCo Exec Committee”). Each Agency shall appoint a member of its governing body (“Appointee”) to serve on the ArapCo Exec Committee. It shall be the duty and purpose of the ArapCo Exec Committee to create the Sub-Regional Projects list to submit to DRCOG for Sub-Regional Funding, as well as the Regional Project application from the Arapahoe County Sub-Region. The lists will be created after input and recommendation from the ArapCo Tech Committee, in conformity with paragraphs 10-14 of this Agreement. Page 20 of 80 4 ArapCo Transportation Forum IGA vs9 FINAL 4-30-18 The ArapCo Exec Committee will cooperate and work diligently and in good faith among its members to create such agreed project funding lists for submission to DRCOG for each TIP cycle. The ArapCo Exec Committee shall ensure that both the Arapahoe County Transportation Forum Regional Project application submittals and Sub-Regional funding request list submitted to DRCOG comply with all grant requirements such as, but not limited to, DRCOG adopted TIP Policy and Criteria, ArapCo Exec. Committee Sub-Region adopted supplemental Policy and Criteria to DRCOG TIP Policy and Criteria, presence on the adopted fiscally constrained Regional Transportation Plan and Colorado Department of Transportation support for projects proposed on state highways, as well as support from RTD on eligible transit applications. 4. Establish an Alternate to the ArapCo Exec Committee. Each Agency shall also appoint an alternate to the ArapCo Exec Committee (“Alternate”) to be in attendance if the Appointee is unable to attend ArapCo Exec Committee meetings or to perform other duties. The Alternate shall have the authority to act in the full capacity of the Appointee. In instances where neither the Appointee nor Alternate can attend an ArapCo Exec Committee meeting, the Appointee may provide in writing to the Co-Chairs of the ArapCo Exec. Committee (see Paragraph 5) notification that another designated individual is authorized to act as a representative for the Agency and vote on its behalf at the specific meeting (“Designated Representative”). 5. Establish Co-Chair of ArapCo Exec Committee. The Appointee from Arapahoe County shall be a Co-Chair of the ArapCo Exec Committee (“ArapCo Co-Chair”). Following completion of appointments as required by Paragraphs 3 and 4, the ArapCo Exec Committee will meet and vote to elect the other Co-Chair of the ArapCo Exec Committee from the members at large (“At Large Co-Chair”). In the event an Agency from which the At Large Co-Chair is selected does not continue the appointment of such individual to the ArapCo Exec Committee, the ArapCo Exec Committee shall, at its next meeting, vote to select a new At-Large Co-Chair. The ArapCo Co-Chair and the At-Large Co-Chair (jointly, the “Co-Chairs”) will be responsible for establishing the agenda for the ArapCo Exec Committee meetings, chairing the meetings, establishing the meeting locations, establishing rules of procedure for ArapCo Exec Committee adoption, posting notice of meetings, distributing meeting minutes, and providing information for the meetings. 6. Decision Making of the ArapCo Exec Committee. Each Agency will have one vote on all decisions of the ArapCo Exec Committee. All decisions of the ArapCo Exec Committee shall be made by motion duly seconded and approved by a majority of the required quorum as set forth in paragraph 7, with each Agency member voting by either the Appointee, the Alternate or the Designated Representative of such Agency. Decisions requiring such action include, without limitation: a. The selection of project applications to be submitted to DRCOG for consideration as a Regional Project. b. The development of the Sub-Regional Project list to be submitted to the DRCOG Board for approval and inclusion in the TIP. c. The ArapCo Exec Committee will seek to collaborate on transportation needs, partnerships building, projects, and advocacy efforts in non-TIP related activities to help establish priorities and actions to pursue for Arapahoe County as whole. Page 21 of 80 5 ArapCo Transportation Forum IGA vs9 FINAL 4-30-18 7. Quorum of ArapCo Exec Committee. Quorums of the ArapCo Exec Committee will vary on the actions requiring votes as follows: a. For decisions on policy, procedures, and any decisions except as specified in Paragraph 7(b), a majority of the Agencies must be in attendance to constitute a quorum for the purpose of such vote. b. For decisions to determine the submittals of Regional Project applications and Sub- Regional Project list to the DRCOG Board for consideration for funding under the TIP, 2/3 of the Agencies must be in attendance to constitute a quorum for purpose of that vote. If there is not the requisite quorum at the time for which a vote shall have been called, the meeting may be adjourned from time to time by a majority of the Agencies present without notice, other than by announcement at the meeting, and continued until there is the requisite quorum for the relevant vote. 8. Meeting Times of ArapCo Exec Committee. During each year in which the TIP process and project selection will occur, the ArapCo Exec Committee will, at a minimum, meet monthly or as often as needed in order to develop and timely submit the coordinated project funding request list. In non-TIP Cycle years, the ArapCo Exec Committee will meet a minimum of twice a year in March and October or as set by the Co-Chairs of the ArapCo Exec Committee. 9. Notice. Notice of the ArapCo Exec Committee meetings will occur by posting of the Agenda at least 24 hours in advance of the meeting. The ArapCo Exec Committee annually shall establish a posting location in accordance with the Colorado Open Meetings Law. All ArapCo Exec Committee Meetings shall be conducted in accordance with Colorado Open Meetings Law and shall be open to the public. The ArapCo Exec Committee shall cause 7 days advance notice of every meeting to be sent by electronic mail to the email address of each Agency Appointee and Alternate as last known to the ArapCo Exec Committee. 10. Arapahoe County Technical Committee. There is also created the Arapahoe County Technical Committee (“ArapCo Tech Committee”). Each Agency will appoint a staff member from their Agency (“Tech Appointee”) to serve on the ArapCo Tech Committee. Each Agency shall also appoint an alternate (“Tech Alternate”) to the ArapCo Tech Committee to be in attendance if the Tech Appointee is unable to attend ArapCo Tech Committee meetings or other functions. The Tech Alternate shall have the authority to act in the full capacity of the Tech Appointee, but the Agency will only have one vote on the ArapCo Tech Committee. The ArapCo Tech Committee is responsible for the review, evaluation, and scoring of project applications submitted for both Regional and Sub-Regional Projects. The ArapCo Tech Committee will make recommendations to the ArapCo Exec Committee on the Regional Project application to be submitted to DRCOG and also for Sub-Regional funding selections. The ArapCo Tech Committee will utilize the DRCOG Project Evaluation and Ranking Criteria and/or Arapahoe County Transportation Forum Evaluation/Ranking Criteria as developed by the ArapCo Exec Committee to initially rank the projects submitted by eligible agencies for Sub-Regional Funding and funding through Regional process. This ranking will be presented to the ArapCo Exec Committee for their consideration and approval. Page 22 of 80 6 ArapCo Transportation Forum IGA vs9 FINAL 4-30-18 The Arapahoe County Tech Appointee will function as the Chair for the ArapCo Tech Committee, unless the ArapCo Exec Committee votes to appoint a different Chair of the ArapCo Tech Committee. The Chair is responsible for scheduling ArapCo Tech Committee meeting dates/times, setting the meeting agendas, running the meetings, distributing meeting materials and minutes for meetings, preparing documentation from the ArapCo Tech Committee to be forwarded to the ArapCo Exec Committee, and sharing ArapCo Exec Committee direction with the ArapCo Tech Committee. 11. Decision Making of the ArapCo Tech Committee. Each Agency represented on the ArapCo Tech Committee will have one vote when decisions on recommendations are needed. All decisions of the ArapCo Tech Committee shall be made by motion duly seconded and approved by a majority of the quorum in attendance at the meeting and as required by paragraph 12. In particular, this will include the development of the Sub-Regional Project and Regional Project lists to be recommended to the ArapCo Exec Committee for consideration of approval to forward to DRCOG for approval and inclusion in the TIP. The Technical Committee will also collaborate on transportation needs, partnerships building, projects, and advocacy efforts in non-TIP related activities to help establish priorities and actions to pursue for Arapahoe County as whole. 12. Quorum of ArapCo Tech Committee. In order to take action on matters before the ArapCo Tech Committee, a quorum must be present, which shall consist of a majority of the Agencies that have executed this Agreement. Tech Appointees that are in attendance of the meeting shall be entitled to vote as described in Section 11 above. If there is not a quorum at the time for which a vote shall have been called, the meeting may be adjourned from time to time by a majority of the Tech Appointees (or tech Alternates) present without notice, other than by announcement at the meeting, and continued until there is a quorum. 13. Other Agency Participation. DRCOG, CDOT, and RTD staff representatives shall be invited to attend ArapCo Exec Committee and ArapCo Tech Committee meetings, but these entities will not have any voting authority on either committee. Furthermore, Staff representatives from the Denver South Transportation Management Agency (“DSTMA”) shall also be invited to attend the ArapCo Tech Exec Committee in a non-voting capacity. 14. Sub-Region Procedures and Criteria for Possible TIP Project Selection. The Agencies agree to submit all DRCOG funding requests for Regional and Sub-regional Projects through the Forum established under this Agreement. DRCOG has established its independent overall criteria regarding project eligibility and evaluation of submitted projects. The ArapCo Exec Committee may choose to establish additional policy and criteria consistent with applicable Federal law and regulation. The procedure for the requesting applications for Regional and Sub-Region projects applications will be established by the ArapCo Exec Committee. With regard to Regional Projects submitted to DRCOG by the Forum, the ArapCo Exec Committee will: a. Receive project applications from eligible applicants. b. Evaluate applications using applicable criteria. c. Prioritize the projects. d. Determine local funding matching funding and by which agency(ies). Page 23 of 80 7 ArapCo Transportation Forum IGA vs9 FINAL 4-30-18 e. Collaborate and develop partnerships with other applicable agencies and/or Sub- regions if deemed appropriate. f. Meet to discuss the applications and make recommendations. g. Make submittal of projects to DRCOG for consideration of Regional Funding. With regard to Sub-regional Projects submitted to DRCOG by the Forum, the ArapCo Exec Committee will: a. Receive project applications from eligible applicants. b. Evaluate applications using applicable criteria. c. Prioritize the projects. d. Determine local funding matching funding and by which agency(ies). e. Collaborate and develop partnerships with other applicable agencies and/or Sub- regions if deemed appropriate. f. Meet to discuss the applications and make recommendations. g. Make submittal of a recommended portfolio of Sub-regional projects to the DRCOG Board for approval and inclusion into the TIP using Arapahoe County Sub-regional Federal Funding. In addition to the above and occurring in off-TIP Cycle years, the Forum may: a) Determine the amount and type of support the Forum will provide on various types of projects b) Collaborate on and advocate for various type of transportation projects. c) Determine whether the Forum wants to prioritize and focus on a set of prioritized regional projects for the Sub-Region. d) Pursue other types of funding with other agencies. Notwithstanding anything herein to the contrary, Agencies may apply to DRCOG directly for TIP Pool funds within the TSSIP/ITS and TDM Pools for standalone “Element” projects, including but not limited to, traffic signals, intelligent transportation systems and transportation demand management, without submitting such requests to the Forum. 15. Project Requests for Regional Funding. Any municipality and Arapahoe County may submit projects for consideration by the ArapCo Exec Committee for a Regional Funding application to DRCOG. These projects shall be of regional significance that meet the Regional eligibility, policy, and criteria established and adopted by the DRCOG Board. Each Agency submitting an application shall pre-screen every proposed project submitted to the ArapCo Exec Committee to reasonably confirm that each proposed project conforms to the DRCOG grant requirements and that any grant matching funds are reasonably anticipated to be available. As necessary, coordination shall occur with CDOT, RTD, and/or other Sub-Regions on various projects. This Agreement is not intended to preclude project proposals from cities and towns or other eligible entities that are located within Arapahoe County but are not among the Agencies. Such cities’, towns’, and other entities’ project application submittals shall be considered by the ArapCo Exec Committee on an equal basis with project requests from the Agencies. 16. Project Requests for Sub-Regional Funding. Any municipality and Arapahoe County may submit projects for consideration by the ArapCo Exec Committee for Sub-Regional Funding. Projects may include road, bridge, transit, bike and pedestrian projects. Each agency shall pre- Page 24 of 80 8 ArapCo Transportation Forum IGA vs9 FINAL 4-30-18 screen every proposed project submitted to the ArapCo Exec Committee to reasonably confirm that each proposed project conforms to the DRCOG grant requirements and that any grant matching funds are reasonably anticipated to be available. This Agreement is not intended to preclude project proposals from cities and towns and other eligible entities that are located within Arapahoe County but are not among the Agencies. Such cities’, towns’, and other entities’ project application submittals shall be considered by the ArapCo Exec Committee on an equal basis with project requests from the Agencies. 17. Planning Timeline. The submittal, review and prioritization of transportation projects will coincide with the bi-annual DRCOG TIP planning process timeline and the CDOT/Transportation Commission planning timeline. 18. General Provisions. a. Integrated Agreement; Amendment. This Agreement contains the entire agreement of the Agencies relating to the subject matter hereof and, except as provided herein, may not be modified or amended except by written agreement of all the Agencies. b. Binding Effect; No Third Party Beneficiaries. This Agreement shall be binding upon, and shall inure to the benefit of, the Agencies and their respective successors and assigns. It is expressly understood and agreed that the enforcement of terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the Agencies and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person or entity not included in this Agreement. It is the express intention of this Agreement that any entity other than the Agencies, including any entity that receives services or benefits as a result of this Agreement, shall be an incidental beneficiary only. c. Government Immunity. No portion of this Agreement shall be deemed to constitute a waiver of any immunities the Agencies or their officers or employees may possess, nor shall any portion of this Agreement be deemed to have created a duty of care which did not previously exist with respect to any person or entity not a party to this Agreement. d. Severability. In the event a court of competent jurisdiction holds any provision of this Agreement invalid or unenforceable, such holding shall not invalidate or render unenforceable any other provision of this Agreement. e. Counterparts; Electronic Disposition. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original and all such counterparts taken together shall be deemed to constitute one and the same instrument. The Agencies acknowledge and agree that the original of this Agreement, including the signature page, may be scanned and stored in a computer database or similar device, and that any printout or other output readable by sight, the reproduction of which is shown to accurately reproduce the original of this Agreement, may be used for any purpose as if it were the original, including proof of the content of the original writing. By signing this Agreement, each Agency acknowledges and represents to the others that all procedures necessary to validly contract and execute this Agreement have been performed, and Page 25 of 80 9 ArapCo Transportation Forum IGA vs9 FINAL 4-30-18 that the person signing on behalf of each Agency has been duly authorized by such Agency to do so. ARAPAHOE COUNTY BOARD OF COUNTY COMMISSIONERS ____________________________________ _____________________________ Chairman Date ATTEST: ____________________________________ County Clerk Page 26 of 80 10 ArapCo Transportation Forum IGA vs9 FINAL 4-30-18 CITY OF AURORA ____________________________________ _____________________________ ( ), Mayor Date ATTEST: APPROVED AS TO FORM: ____________________________________ _____________________________ City Clerk City Attorney’s Office Page 27 of 80 11 ArapCo Transportation Forum IGA vs9 FINAL 4-30-18 CITY OF CENTENNIAL ____________________________________ _____________________________ ( ), Mayor Date ATTEST: APPROVED AS TO FORM: ____________________________________ _____________________________ City Clerk City Attorney’s Office Page 28 of 80 12 ArapCo Transportation Forum IGA vs9 FINAL 4-30-18 CITY OF CHERRY HILLS VILLAGE ____________________________________ _____________________________ ( ), Mayor Date ATTEST: APPROVED AS TO FORM: ____________________________________ _____________________________ City Clerk City Attorney’s Office Page 29 of 80 13 ArapCo Transportation Forum IGA vs9 FINAL 4-30-18 CITY OF ENGLEWOOD ____________________________________ _____________________________ ( ), Mayor Date ATTEST: APPROVED AS TO FORM: ____________________________________ _____________________________ City Clerk City Attorney’s Office Page 30 of 80 14 ArapCo Transportation Forum IGA vs9 FINAL 4-30-18 CITY OF GLENDALE ____________________________________ _____________________________ ( ), Mayor Date ATTEST: APPROVED AS TO FORM: ____________________________________ _____________________________ City Clerk City Attorney’s Office Page 31 of 80 15 ArapCo Transportation Forum IGA vs9 FINAL 4-30-18 CITY OF GREENWOOD VILLAGE ____________________________________ _____________________________ ( ), Mayor Date ATTEST: APPROVED AS TO FORM: ____________________________________ _____________________________ City Clerk City Attorney’s Office Page 32 of 80 16 ArapCo Transportation Forum IGA vs9 FINAL 4-30-18 CITY OF LITTLETON ____________________________________ _____________________________ ( ), Mayor Date ATTEST: APPROVED AS TO FORM: ____________________________________ _____________________________ City Clerk City Attorney’s Office Page 33 of 80 17 ArapCo Transportation Forum IGA vs9 FINAL 4-30-18 CITY OF SHERIDAN ____________________________________ _____________________________ ( ), Mayor Date ATTEST: APPROVED AS TO FORM: ____________________________________ _____________________________ City Clerk City Attorney’s Office Page 34 of 80 18 ArapCo Transportation Forum IGA vs9 FINAL 4-30-18 TOWN OF BENNETT ____________________________________ _____________________________ ( ), Mayor Date ATTEST: APPROVED AS TO FORM: ____________________________________ _____________________________ Town Clerk Town Attorney’s Office Page 35 of 80 19 ArapCo Transportation Forum IGA vs9 FINAL 4-30-18 TOWN OF BOWMAR ____________________________________ _____________________________ ( ), Mayor Date ATTEST: APPROVED AS TO FORM: ____________________________________ _____________________________ Town Clerk Town Attorney’s Office Page 36 of 80 20 ArapCo Transportation Forum IGA vs9 FINAL 4-30-18 TOWN OF COLUMBINE VALLEY ____________________________________ _____________________________ ( ), Mayor Date ATTEST: APPROVED AS TO FORM: ____________________________________ _____________________________ Town Clerk Town Attorney’s Office Page 37 of 80 21 ArapCo Transportation Forum IGA vs9 FINAL 4-30-18 TOWN OF DEER TRAIL ____________________________________ _____________________________ ( ), Mayor Date ATTEST: APPROVED AS TO FORM: ____________________________________ _____________________________ Town Clerk Town Attorney’s Office Page 38 of 80 22 ArapCo Transportation Forum IGA vs9 FINAL 4-30-18 TOWN OF FOXFIELD ____________________________________ _____________________________ ( ), Mayor Date ATTEST: APPROVED AS TO FORM: ____________________________________ _____________________________ Town Clerk Town Attorney’s Office Page 39 of 80 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Brad Power DEPARTMENT: Community Development DATE: June 4, 2018 SUBJECT: CB 15 - IGA with Arapahoe for CDBG and HOME Program DESCRIPTION: CB 15 - IGA with Arapahoe for CDBG and HOME Program RECOMMENDATION: Staff recommends Council approve a Bill for an Ordinance authorizing the execution of a three- year Intergovernmental Cooperation Agreement (IGA) between Arapahoe County and the City of Englewood relating to the conduct of Community Development Block Grant (CDBG) and Home Investment Partnership (HOME) programs for program grant years 2019 - 2021. PREVIOUS COUNCIL ACTION: City Council passed Ordinance No. 37, Series of 1991, authorizing initial participation in the Urban County Entitlement Program for the Community Development Block Grant (CDBG) program for federal fiscal years 1992- 1994. Council also passed Ordinance No 39, Series 1994, which was extended by Amendments Nos. 1-3 relating to participation in the Urban County Entitlement Program for CDBG and HOME funds for federal fiscal years 1995-2006. Council also approved Ordinance No. 13, Series of 2006, authorizing participation in CDBG and HOME Investment Partnership programs for program grant years 2007-2009, Ordinance No. 22, Series of 2009 for program grant years 2010 - 2012, Ordinance 25, Series of 2012 for program grant years 2013- 2015, and Ordinance 19, Series of 2015 for program grant years 2016 - 2018. On May 21, 2018 City Council tabled Council Bill 15 to the June 4, 2018 Council meeting. SUMMARY: Arapahoe County is designated as an Urban County, which entitles the County to receive Community Development Block Grant (CDBG) and HOME funds provided directly by the U.S. Department of Housing and Urban Development (HUD). These programs provide grants to improve local communities by providing decent housing, improved infrastructure, public facilities and services, and improved economic opportunities for low and moderate income persons. Funds may also be used for activities that eliminate slums or blight, or for projects that meet urgent community needs. ANALYSIS: Arapahoe County is in the process of requalifying as an Urban County for the funding years 2019, 2020, and 2021. The County is required to inform each unit of general local government that it has the right to elect to be included or excluded from the Urban County. Local governments that previously entered into an IGA with Arapahoe County are being notified that the agreement will not automatically be renewed. A new IGA must be authorized to participate Page 40 of 80 for program grant years 2019 - 2021. In addition to Englewood, the cities of Centennial, Sheridan, Littleton, Deer Trail, Greenwood Village and Glendale participate in the three-year cooperation agreement with Arapahoe County. CDBG and HOME funds are allocated by statutory formula to each Urban County. This formula takes into account the age of the participating communities' housing stock, poverty levels, and affordability of housing. The Urban County then allocates the CDBG funds to each participating jurisdiction. The local jurisdiction still must apply annually for its share of funding. Any HOME funds awarded to Arapahoe County are not automatically shared by the participating jurisdictions. The City is eligible, however, to apply separately for HOME funds through Arapahoe County as well as the State of Colorado. Since 1992, the City of Englewood has received over $4.26 million in combined CDBG and HOME funds from Arapahoe County to supports its local projects. The authorization of this IGA will allow the City to receive its share of the FY2019 - 2021 CDBG funds as well as to provide the opportunity to apply for HOME funds through Arapahoe County. The funds will allow for the continuation of the Energy Efficient Englewood project and support for the House of Hope. For FY2015 - 2018, the City of Englewood has been able to assist approximately 40 homeowners with energy grants utilizing CDBG awarded funds. On March 26, 2018, the City received a preliminary award notice from Arapahoe County announcing Englewood's 2018 CDBG application was approved in the amount of $115,000, contingent on the County receiving sufficient funding from HUD, which will potentially allow the City to award an additional 13 energy grants to Englewood income-qualified homeowners. There are currently 20 homeowners on the waiting list for energy grants. At the May 21, 2018 City Council meeting, prior to this item being tabled to the June 4, 2018 City Council meeting, there were questions relating to the potential impact of this agreement in terms of reporting and compliance standards associated with the Fair Housing Act. A memorandum from Arapahoe County regarding the impacts of the Affirmatively Furthering Fair Housing (AFFH) Rule is attached. Arapahoe County staff also provided the attached statistical information regarding the impact of CDBG and Home funding in Arapahoe County and Englewood. In addition, a member of the Arapahoe County Housing & Community Development Services Division will attend the June 4, 2018 to answer any additional questions that the City Council may have about the CDBG and HOME programs and procedures. FINANCIAL IMPLICATIONS: There is no direct financial impact. Current Community Development staff has managed this agreement in prior years and will do so for any future approved funding and projects. Staff salaries and benefits are part of the City's in-kind contribution toward those projects. The City will generally utilize a portion of the awarded CDBG and HOME funds to partially offset the staff salaries and benefits Exact grant amounts available for the years covered by this joint agreement are subject to annual federal budget approval and are thus unknown. During the previous three year agreement cycle the City received an average of $115,000 in CDBG grant funds per year. ATTACHMENTS: Council Bill #15 Contract Approval Summary Intergovernmental Joint Cooperation Agreement Page 41 of 80 May 23, 2018 Memo from Jeremy Fink May 22, 2018 Memo from Liana Escott Page 42 of 80 1 BY AUTHORITY ORDINANCE NO. ____ COUNCIL BILL NO. 15 SERIES OF 2018 INTRODUCED BY COUNCIL MEMBER AN ORDINANCE APPROVING AND AUTHORIZING A THREE YEAR INTER- GOVERNMENTAL COOPERATION AGREEMENT BETWEEN ARAPAHOE COUNTY, COLORADO AND THE CITY OF ENGLEWOOD, COLORADO RELATING TO THE CONDUCT OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIP (HOME) PROGRAMS FOR PROGRAM GRANT YEARS 2019 THROUGH 2021. WHEREAS, the City Council of the City of Englewood approved the execution of an Intergovernmental Agreement between the City of Englewood and Arapahoe County by passage of Ordinance No. 39, Series of 1994, covering the City’s participation in the Arapahoe County CDBG Entitlement Program as extended by Amendment No. 3, for funding years 2004 through 2006; WHEREAS, the Englewood City Council passed Ordinance No. 13, Series of 2006 and that was modified by Amendment No. 1 dated February , 2007 relating to participation in the Urban County Entitlement Program for CDBG and HOME funds for 2007 through 2009; WHEREAS, the Englewood City Council passed Ordinance No. 38, Series of 2006 authorizing Amendment No. 1 to the Urban County Entitlement Program for CDBG and HOME funds for 2007 through 2009; WHEREAS, the Englewood City Council passed Ordinance No. 22, Series of 2009 authorizing participation in the Urban County Entitlement Program for CDBG and HOME funds for 2010 through 2012; WHEREAS, the Englewood City Council passed Ordinance No. 25, Series of 2012 authorizing participation in the Urban County Entitlement Program for CDBG and HOME Funds for 2013 through 2015; WHEREAS, the Englewood City Council passed Ordinance No. 19, Series 2015 authorizing participation in the Urban County Entitlement Program for CDBG and HOME Funds for 2015 thorough 2018; WHEREAS, the passage of this Ordinance authorizes the execution of a three-year Intergovernmental Cooperation Agreement between Arapahoe County and Englewood relating to the conduct of Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME) programs for program grant years 2019 through 2021; and Page 43 of 80 2 WHEREAS, the Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME) programs incorporate funds from the U.S. Department of Housing and Urban Development (HUD). NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The attached “Intergovernmental Joint Cooperation Agreement and HOME Consortium Agreement Between Arapahoe County, Colorado and the City of Englewood, Colorado Relating To The Conduct Of Community Development Block Grant (CDBG) And Home Investment Partnerships (HOME) Program and HOME Investment Partnerships Program for program grant years 2019 through 2021” attached hereto as Exhibit A, is hereby accepted and approved by the Englewood City Council. Section 2. The Mayor and City Clerk are hereby authorized to sign and attest said Agreement for and on behalf of the City of Englewood, Colorado. Section 3. The City Manager shall be authorized to further extend and/or amend the Intergovernmental Cooperation Agreement for the program grant years 2019 through 2021. Introduced, read in full, and passed on first reading on the 4th day of June, 2018. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 7th day of June, 2018. Published as a Bill for an Ordinance on the City’s official website beginning on the 6th day of June, 2018. , 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 4th day of June, 2018. Stephanie Carlile Page 44 of 80 Contract Approval Summary V10/25/2017 Page | 1 Contact Identification Information (to be completed by the City Clerk) ID number: Authorizing Resolution/Ordinance: Recording Information: City Contact Information Staff Contact Person: Brad Power Phone: 303.762.2346 Title: Director of Community Development Email: bpower@englewoodco.gov Vendor Contact Information Vendor Name: Arapahoe County Housing and Community Development Division Vendor Contact: Lianna Escott Vendor Address: 1600 W Littleton Blvd., Suite 300 Vendor Phone: 303.738.8066 City: Littleton Vendor Email: lescott@arapahoegov.com State: CO Zip Code: 80120 Contract Type Contract Type :Intergovernmental Agreement Description of ‘Other’ Contract Type: Description of Contract Work/Services: Attachments: ☐Contract -- ☐Original ☒Copy ☐Addendum(s) ☐Exhibit(s) ☐Certificate of Insurance Summary of Terms: Start Date: May 1, 2019 End Date: April 30, 2022 Total Years of Term: 3 Total Amount of Contract for term (or estimated amount if based on item pricing): NA If Amended: Original Amount $ Amendment Amount $ Total as Amended: $ Renewal options available: Payment terms (please describe terms or attach schedule if based on deliverables): Attachments: ☐Copy of original Contract if this is an amendment ☐Copies of related Contracts/Conveyances/Documents The authorization of the IGA between Arapahoe County and the City of Englewood allows the City to apply for FY 2019 – 2021 Community Development Block Grant (CDBG) and HOME funds to continue the Energy Efficiency Englewood project and staffing support for House of Hope. Page 45 of 80 Contract Approval Summary V10/25/2017 Page | 2 Source of funds: Budgeted Funds: $ N/A Line Item Description: Line Item Total Funding: $ Portion of Line Item spent to date: $ Funding Source: Fund: Division Code: Note (if needed): Program: Attachments: ☐Copy of budget page from current budget book if contract value $25,000 or over or requires Council approval. Process for Choosing Vendor: ☐Bid: ☐ Bid Evaluation Summary attached ☐ Bid Response of proposed awardee ☐RFP: ☐ RFP Evaluation Summary attached ☐ RFP Response of proposed awardee ☐Quotes: Copy of Quotes attached ☐Sole Source: Explain Need below ☐Other: Please describe Page 46 of 80 1 INTERGOVERNMENTAL JOINT COOPERATION AGREEMENT AND HOME CONSORTIUM AGREEMENT BETWEEN ARAPAHOE COUNTY, COLORADO AND CITY OF ENGLEWOOD, COLORADO RELATING TO THE CONDUCT OF COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND HOME INVESTMENT PARTNERSHIPS PROGRAM FOR GRANT YEARS 2019 THROUGH 2021 THIS AGREEMENT is entered into and shall be effective as of , 2018, by and between Arapahoe County, Colorado (the “County”), a body corporate and politic of the State of Colorado, and the City of Englewood (the “City”), a municipal corporation of the State of Colorado located in Arapahoe County. RECITALS A. In 1974 the U.S. Congress enacted the Housing and Community Development Act of 1974, as since amended (42 U.S.C. 5301 et seq.) (“HCDA”), permitting and providing for the participation of the United States government in a wide range of local housing and community development activities and programs under Title I of HCDA which activities and programs are administered by the U.S. Department of Housing and Urban Development (“HUD”); and the Home Investment Partnerships Program (“HOME”) was enacted under Title II (42 U.S.C. 12701-12839) of the Cranston-Gonzalez National Affordable Housing Act (“NAHA”) which activities and programs are administered by HUD; B. The primary objective of Title I of HCDA is the development of viable urban communities, by providing decent housing and a suitable living environment and expanding economic opportunities, principally for persons of low and moderate income, and the primary objective of the HOME program is to expand the supply of decent, safe, sanitary and affordable housing for low and moderate income Americans. These objectives are to be accomplished by the federal government providing financial assistance pursuant to HCDA and NAHA in the form of Community Development Block Grant (“CDBG”) funds and HOME funds to the state and local governments to be used in the conduct and administration of housing and community development activities and projects as contemplated by the primary objectives of the CDBG and HOME Programs; C. To implement the policies, objectives and other provision of HCDA and NAHA, HUD has issued rules and regulations governing the conduct of CDBG programs, published in 24 Code of Federal Regulations (CFR), Part 570 (the “Regulations”), which regulations provide that a county may qualify as an “urban county”, as defined in Section 570.3 of the regulations, and thereby become eligible to receive entitlement grants from HUD for the conduct of CDBG and HOME Programs as an urban county and also in 24 CFR, Part 92, governing the HOME program, which regulations provide that an urban county may form a consortium with a metropolitan city within the county, as outlined in Section 92.101, and that a metropolitan city that qualifies for a separate entitlement grant may be included as a part of the urban county and HOME consortium by entering into a cooperation and consortium agreement with the urban county in accordance with the requirements of the Regulations; D. The County has heretofore qualified under the Regulations as an “urban county” and will receive CDBG and HOME funds from HUD by annual grant agreements, and the City of Englewood located in the County will receive a separate community development entitlement grant and will be included as a part of the County in its CDBG Programs and through the consortium will be able to participate in the HOME program; Page 47 of 80 2 E. In 1981, and again since then, HUD amended the Regulations, pursuant to amendments of HCDA, revising the qualification period for urban counties by providing that the qualifications by HUD of an urban county and/or HOME consortium shall remain effective for three successive grant years regardless of changes in its population during that period, except for failure of an urban county to receive a grant during any year of that period, and also providing that during the three year period of qualification, no included city or other unit of general local government may withdraw or be removed from the urban county or HOME consortium for HUD’s grant computation purposes, and no city or other unit of general local government covering an additional area may be added to the urban county during that three-year period except in the case where a city or other unit loses its designation as a metropolitan city; however, the HOME consortium may add members during the three year qualification period at the discretion of the lead entity through the execution of a consortium agreement; F. In 2018, the County is submitting to HUD the required documentation to qualify as an urban county, including the Consolidated Plan and the One Year Action Plan, pursuant to Section 570.307 of the regulations, so as to become eligible to receive annual CDBG and HOME funds for the next three Program Years from Grant Years 2019, 2020, and 2021 appropriations, and if the City approves and authorizes this agreement, an executed copy thereof will be included in the documentation for this ensuing period of qualification and, if the County qualifies, the City will thereby be included as a part of the urban county and HOME consortium and be eligible to participate in the County’s CDBG and HOME Programs for the next three Program Years; G. The County recognizes and understands that it does not have independent legal authority to conduct community development and housing assistance activities within the boundaries of the City and therefore, its ability to conduct the CDBG and HOME Program in the City is limited by the requirement that it must obtain permission from the City to perform activities therein, and accordingly, in order for the City to be considered a part of the urban county and HOME consortium and be included in the County’s annual request to HUD for CDBG and HOME funds, it is required by the Regulations that the City and the County enter into a cooperation agreement whereby the City authorizes the County to undertake or to assist in undertaking essential community development and housing assistance activities within the City as may be specified in the “Consolidated Plan” to be submitted to HUD annually by the County to receive its annual CDBG and HOME entitlement grant; H. Under general provisions of Colorado law governing contracting between governmental entities and by virtue of specific authority granted in Part 2 of Article I of Title 29, C.R.S., any two or more political subdivisions of the state may enter into agreements with one another for joint cooperative action and any one or more political subdivisions may contract with another or with a legal or administrative entity created pursuant to that act to perform any governmental service, activity or undertaking which each political subdivision entering into the contract is authorized by law to perform, and I. Accordingly, the parties hereto have determined that it will be mutually beneficial and in the public interest of both parties to enter into this intergovernmental agreement regarding the conduct of the County’s CDBG and HOME Programs, THEREFORE, in consideration of the premises and cooperative actions contemplated hereunder, the parties agree as follows: 1. By entering into this intergovernmental joint cooperation agreement with the County, the City shall be included as a part of urban Arapahoe County’s HOME consortium for qualification and grant calculation purposes upon the qualification by HUD of the County to receive CDBG and HOME Program entitlements as an urban county and HOME consortium for the next three successive Program Years, May 1, 2019 through April 30, 2022. 2. As required by the Consolidated Plan final rule, 24 CRF part 91, the HOME consortium is on the same program year as the urban county CDBG program, May 1 through April 30. As provided in Section Page 48 of 80 3 570.307 of the Regulations, the qualification of the County as an urban county shall remain effective for the next three successive grant years, May 1, 2019 through April 30, 2022, regardless of changes in its population during that period of time and the parties agree that the City may not withdraw from nor be removed from inclusion in the urban county for HUD’s grant computation purposes during the period of qualification. As provided in Section 92.101 of the Regulations, the qualification of the County as a HOME consortium shall remain effective for three successive grant years, regardless of changes in its population during that period of time and the Parties agree that the City may not withdraw from nor be removed from inclusion in the HOME consortium during the period of qualification. 3. A fully executed copy of this cooperation agreement, together with the approving resolutions of both the City and the County, shall be submitted to HUD by the County as part of its qualification documentation and the City does hereby give the County the authority to carry out CDBG and HOME Program activities and projects which will be funded from annual CDBG and HOME funds from grant years 2019, 2020, and 2021 appropriations and from any Program income generated from the expenditures of those funds. 4. The City and the County agree to, and shall cooperate in, the preparation of detailed CDBG and HOME Program activities and projects to be conducted or performed in the City during each of the three program years covered by the Agreement and these finalized activities and projects will be included in the County’s Consolidated Plan and requests for funds for those program years. The city understands and agrees, however, that the County shall have final responsibility for selecting the program activities and projects to be included in each annual grant request and project grant request and for filing the Consolidated Plan with HUD on an annual basis. 5. The parties recognize and understand that the County, as a qualified HOME recipient and urban county, will be the lead entity required to execute all grant agreements received from HUD pursuant to the County’s annual request for CDBG and HOME Program funds and that as the lead entity it assumes overall responsibility for ensuring that the consortium’s CDBG and HOME Program is carried out in compliance with the requirements of the CDBG and HOME program, including requirements concerning the Consolidated Plan. Further, the County, as lead entity, will to the extent required by HUD, be the responsible entity under such grant agreements for the overall administration and performance of the CDBG and HOME programs, including the projects and activities conducted within the City. Accordingly, the City agrees that as to all projects and activities performed or conducted in the City under any HOME or CDBG grant agreement, which includes the City, that the County shall have the ultimate supervisory and administrative control. 6. The City shall cooperate fully with the County in all CDBG and HOME Program efforts planned and performed hereunder and does hereby allow and permit the County to undertake or assist in undertaking essential community development and housing assistance activities within the City as may be approved and authorized in the County’s agreements, including the Consolidated Plan. The City and the County also agree to cooperate to undertake, or assist in undertaking, community development housing assistance activities for the CDBG and HOME Program, as they may be planned and specified in the County’s Consolidated Plan submitted annually to HUD for the three Program years specified herein and for such additional time as may be required for the expenditure of CDBG and HOME funds granted by the County for such activities. 7. The County, as the lead entity, is authorized to act in a representative capacity as the lead entity for all members of the consortium for the purposes of administering the HOME Program. The County will accept project recommendations from all HOME consortium members, but reserves the right to make final funding decisions. No project within the boundaries of the City of Englewood will be considered for inclusion in the Consolidated Plan unless first approved by the City of Englewood. 8. The HOME funds may be accessed by the City in two ways; the City may approve a project or activity, carried out be a third entity, as appropriate for the needs of the City, and endorse the application, or; Page 49 of 80 4 the City may originate a grant or loan request on its own behalf for an eligible project or activity. If the City applies for HOME funds itself, then the provisions in paragraph 9 apply. For example, if the City opts to create an eligible homeowners rehabilitation program, the City would be subject to the same requirements as a subrecipient, including a written agreement. If the City approves or endorses a third party application, then the City’s continuing participation in the project or activity is not required. 9. Pursuant to 24 CFR 570.501(b) and 24 CRF 92.504, the City is subject to the same requirements applicable to subrecipients, including the requirement of a written agreement as set forth in 24 CFR 570.503 and 24 CRF 92.504. 10. The City understands that pursuant to Section 570.503 and Section 92.504 of the Regulations, it will be necessary for the City to enter into separate project agreements or sub-grants in writing with the County with respect to the actual conduct of the projects and activities approved for performance in the City for the three HOME and CDBG Program years covered be the cooperation agreement and that the funds designated in the County’s Consolidated Plan for those projects and activities will also be funded to the City under those separate project agreements or sub-grants. Subject to the provisions of Paragraph 5 above, the City will administer and control the performance of the projects and activities specified in those separate project agreements, and will be responsible for the expenditure of the funds allocated for each such project or activity and will conduct and perform the projects and activities in compliance with the Regulations and all other applicable federal laws and requirements relating to the CDBG and/or HOME Programs. The City also understands and agrees that it shall also comply with the requirements of Section 570.503 prior to disbursing any CDBG funds to a subrecipient of the City. 11. All HOME and/or CDBG Program funds that are approved by HUD for expenditure under the County’s grant agreements for the three Program years covered by this Agreement, including those that are identified for projects and activities in the City, will be budgeted and allocated to the specific projects and activities described and listed in the County’s Consolidated Plan and One Year Action Plan to the Consolidated Plan submitted annually to HUD and those allocated funds shall be used and expended only for the projects or activities to which the funds are identified. No project or activity nor the amount allocated therefore may be changed, modified, substituted or deleted by the City with respect to any project of activity without the prior written approval of the County and the approval of HUD when that approval is required by the regulations. 12. Because the City will be included as part of the urban county and HOME consortium for the three Program Years covered by this Cooperation Agreement, it will do all things that are appropriate and required of it to comply with the applicable provisions of the grant agreements received by the County from HUD in which the City is included, and with the provisions of HCDA and NAHA and all Rules and Regulations, guidelines, circulars, and other requisites promulgated by the various federal departments, agencies, administrations and commissions relating to the CDBG and HOME Programs. In addition, the City and the County shall each take all actions necessary to assure compliance with the certification required of the County by Section 104(b) of Title I of HCDA including the National Environmental Policy Act of 1969, Title VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, the Fair Housing Act, Section 109 of Title I of HCDA and other laws applicable to the conduct of the HOME and CDBG Programs. In addition, the parties hereto understand and agree that the County may not provide any HOME or CDBG funding for activities in, or in support of, the City if the City does not affirmatively further fair housing within its jurisdiction or impedes the County’s actions to comply with its fair housing certification. 13. During the period of performance of this Agreement, as provided in Paragraph 18 below, the City shall: (a) Inform the County of any income generated by the expenditure of CDBG and/or HOME Program funds received by the City; (b) Pay over to the County any Program Income received by the City, or retain and use that Program Income subject to, and in accordance with, the requirements and Page 50 of 80 5 provisions of the separate HOME or CDBG project agreements that will be entered into between the City and the County for the actual conduct of the HOME and/or CDBG Programs; (c) Use any Program Income the City is authorized by the County to retain only for eligible activities in accordance with all HOME and CDBG Program requirements as may then apply and as will be specifically provided for in the separate project agreements between the City and the County; (d) Keep appropriate records regarding the receipt of, use of, or disposition of all Program Income and make reports therein to the County as will be required under the separate project agreements between the City and the County, and (e) Pay over to the County any Program Income that may be on hand in the event of close-out or change in status of the City of that may be received subsequent to the close-out or change in status as will be provided for in the separate project agreements mentioned above. 14. The separate project agreements or sub-grants that will be entered into between the County and the City for the conduct of the CDBG and HOME Programs, as mentioned and referred to elsewhere in this agreement, shall include provisions setting forth the standards which shall apply to any real property acquired or improved by the City, in whole or in part, using CDBG and HOME Program Funds. These standards will require the City to: (a) Notify the County in a timely manner of any modification or change in the use of that property from that which was planned at the time of acquisition or improvement and this notice requirement shall include any disposition of such property. (b) Reimburse the County in an amount equal to the current fair market value of property acquired or improved with CDBG or HOME funds (less any portion thereof attributable to expenditures of non-CDBG or HOME funds) that is sold or transferred for a use which does not qualify under the Regulations, and (c) Pay over to the County any Program Income that is generated from the disposition or transfer of property either prior to, or subsequent to, any close-out, change of status or termination of this cooperation agreement that is applicable. 15. The City, by execution of this agreement understands that it may not apply for grants under the small cities or state CDBG Programs for appropriations for fiscal years during the period in which it is participation in the urban county’s CDBG Program; and may not participate in a HOME consortium except through the urban county, regardless of whether the urban county receives a HOME formula allocation. The City may, however, apply for State and other Cities HOME funds. 16. The County may, in accordance with the applicable requirements of 24 C.F.R. Part 570, collect an administrative fee for the performance of its duties administering the CDBG program, pursuant to this agreement. In no event shall the administrative fee exceed twenty percent (20%) of the overall annual City CDBG allocation. In the event that the County’s total actual administrative costs are less than 20% of the annual City CDBG allocation, the County shall notify the City of the amount of any unused administrative fee, and the City shall decide how to allocate or apply the unused administrative fees. The County may provide recommendations to the City regarding the use of such unused administrative fees. 17. The County may, in accordance with the applicable requirements of 24 CFR Part 92, collect an administrative fee for the performance of its duties administering the HOME program, pursuant to this agreement. Page 51 of 80 6 18. The period of performance of this Agreement shall cover three HOME and CDBG Program years consisting of the County’s 1st, 2nd, and 3rd Program years from this Agreement, beginning May 1, 2019 and ending April 30, 2022. The HOME and CDBG program years are the same, as is required. As stated herein, however, the Agreement is intended to cover activities to be carried out with annual CDBG and HOME funds from grant year 2019, 2020, and 2021 appropriations and shall be and remain in full force and effect until all projects and activities approved and authorized to be performed and funded for those grant years have been completed and any program income earned has been remitted to the County or used by the City in accordance with the criteria described in paragraph 13. 19. The Agreement will be automatically renewed for participation for successive three-(3) year qualification periods, unless a party provides written notice to the other party that it elects not to participate in a new qualification period. The County must notify the other party in writing of the election of its right not to participate. A copy of the notification must be sent to both the other party and the HUD Region 8 field office by the party electing not to participate. Notices and responses must be sent according to the schedule specified in HUD’s HOME consortia qualification notice and the urban county qualification notice for the next qualification period. Each party is required to adopt any amendment to the agreement incorporating changes necessary to meet the requirements for cooperation agreements set forth in the HOME consortia qualification notice and the urban county qualification notice applicable for a subsequent three-year HOME consortia and urban county qualification period, and to submit such amendment to HUD. Failure to comply will void the automatic renewal for such qualification period. 20. Pursuant to the provisions of 24 C.F.R. § 507 and/or 24 C.F.R. § 91.225 the County and the City shall take all actions necessary to assure compliance with the Urban County’s Certification under Section 104(d) of Title 1 of the Housing and Community Development Act of 1974, as amended, regarding the National Environmental Policy Act of 1969, The Uniform Relocation Act, The American with Disabilities Act of 1990, Title VI of the Civil Rights Act of 1964, the Fair Housing Act, affirmatively furthering Fair Housing, Title VIII of the Civil Rights Act of 1968, Executive Order 11988, Section 109 of title I of the Housing and Community Development Act of 1974 (which incorporates Section 504 of the Rehabilitation Act of 1973 and the Age Discrimination Act of 1975), and other applicable laws. Use of Urban County funds for activities in, or in support of, any cooperating City that does not affirmatively further fair housing within its own jurisdiction or that impedes the County’s action to comply with the County’s Fair Housing Certification shall be prohibited. Pursuant to 24 CFR 570.501(b), City is subject to the same requirements applicable to subrecipients, including the requirement of a written agreement as described in 24 CFR 570.503. 21. The County and the cooperating unit of general local government agree to cooperate to undertake, or assist in undertaking, community renewal and lower-income housing assistance activities and the grantee or unit of general local government that directly or indirectly receives CDBG or HOME funds may not sell, trade, or otherwise transfer all or any such portion of such funds to another metropolitan city, urban county, unit of general local government, or Indian tribe, or insular area that directly or indirectly receives CDBG funds in exchange for any other funds, credits or non-Federal considerations, but must use such funds for activities eligible under Title I of the Housing and Community Development Act of 1974, as amended. . 22. Pursuant to the provisions of 24 C.F.R. § 507 and/or 24 C.F.R. § 91.225 the City has adopted and is enforcing the following policies: (a) Prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in nonviolent civil rights demonstrations, and; Page 52 of 80 7 (b) Enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such nonviolent civil rights demonstration within its jurisdiction. 23. Any changes and modifications to this Agreement shall be made in writing and shall be executed by both parties prior to the performance of any work or activity involved in the change and be approved by HUD, if necessary, to comply with the Regulations. 23. (a) This Agreement shall be and remain in force and effect for the period of performance specified in Paragraph 18 hereof and, when the County has been qualified by HUD as a HOME consortium and urban county, neither the County nor the City may terminate this agreement or withdraw therefrom during that period of performance. (b) During the three Program Years for which the County has qualified, the parties agree not to veto or otherwise obstruct the implementation of the approved Consolidated Plan during that three year period and for such additional time as may be required for the expenditure of funds granted for that period. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be duly authorized and executed by each on the date specified as follows: ARAPAHOE COUNTY, COLORADO By: _____________________________ Jeff Baker, Chair of the Board of County Commissioners ATTEST: By: ______________________________ Clerk to the Board of County Commissioners CITY OF ENGLEWOOD, COLORADO By: _______________________________ Rita Russell, Mayor of the City of Englewood Reviewed: ________________________ City Attorney’s Office ATTEST: By: ________________________________ City Clerk or Deputy City Clerk Page 53 of 80 MEMO              May 23, 2018  To:      Nancy Fenton, Executive Assistant Community Development  From:    Liana J. Escott & Jeremy Fink, Community Development Administrators for  Arapahoe County.     RE:    The Impacts of the Affirmatively Furthering Fair Housing (AFFH) Rule on  Arapahoe County     Distinction between AFFH & AFH:  The Affirmatively Furthering Fair Housing (AFFH) Rule was published by HUD on July 16, 2015.  AFFH is  a legal requirement that federal agencies and federal grantees further the purposes of the Fair Housing  Act.  This obligation to affirmatively further fair housing has been in the Fair Housing Act since 1968.      With regard to Arapahoe County, the AFFH Rule published on July 16, 2015 requires that Arapahoe  County conduct an Assessment of Fair Housing (AFH) to assist with the requirement to meet the  obligation to affirmatively further fair housing.  The AFH is simply an assessment tool and streamlined  process to analyze the local fair housing landscape and set fair housing priorities and goals that assist  with community development planning.      Changes:   The AFFH rule published on July 16, 2015 requires Entitlement Communities (such as Arapahoe County)  to prepare and submit for approval an AFH.  In doing so, the AFH essentially replaces the Analysis of  Impediments to Fair Housing Choice (AI) that is a component of the Consolidated Plan.      Historically, Entitlement Communities are required to prepare an AI that identifies barriers to Fair  Housing as part of the Consolidated Plan requirements.  As a component of the Consolidated Plan, the  AI was not required to be independently approved by HUD or the Department of Fair Housing and Equal  Opportunity (FHEO).      The requirement to switch from the AI to the AFH now requires HUD/FHEO to approve Entitlement  Communities AFH plans, as opposed to having the AI incorporated into the Consolidated Plan.    Result of AFFH Rule and AFH Requirement:  Arapahoe County had plans to partner with South Metro Housing Options (formerly the Littleton  Housing Authority) and Innovative Housing Concepts (formerly the Englewood Housing Authority) to  complete the AFH.       Initially the plan would have been submitted by 2019.  However, the current administration published a  notice in the Federal Register on January 5, 2018 suspending the obligation under the AFFH rule to  submit the AFH until after October 31, 2020, and in most cases after 2025.        Page 54 of 80 Had the Arapahoe County and Public Housing Authority partnership been required to submit the AFH  Plan, the agencies would have worked together to identify priorities and goals based on our knowledge  of the region.  However, as previously mentioned, AFH submission requirements have been suspended  until after October 31, 2020.    Although a moot point, the AFH would not impact local zoning or planning processes; The AFH was/is an  assessment tool and report.  The AFH report,  whether required or suspended, would not negate the  requirement to affirmatively further fair housing, as the AFFH has been a law since 1968.  The legal  obligation to affirmatively further fair housing continues for all, regardless.       Whether or not a municipality, such as Englewood participates in the Urban County and HOME  consortium, discriminatory zoning policies remain illegal.  The AFH requirement (now suspended) did  not add any extra burden to the Urban County consortium.        If the AFH plan is revisited in the future, it will not be during the current Urban County and Home  Consortium time period.  If, and when, the AFH is revisited or reinstated, members will be provided an  opportunity to review the changes and plan accordingly.    Page 55 of 80 MEMO              May 22, 2018  To:  Nancy Fenton, Executive Assistant Community Development  From:  Liana J. Escott, Community Development Administrator    RE:  CDBG and HOME Impact on the City of Englewood    Through the Community Development Block Grant (CDBG) and Home funds that Arapahoe  County receives, there are multiple programs available to residents of the City of Englewood, in  addition to the Annual CDBG set‐aside made available to the City.      Community Resources Rental Assistance Program:  Since January 1, 2018, nine Englewood  households (31 individuals) have received $8,536 in emergency rental assistance directly  through the County. This is more than any other community in Arapahoe County, and  accounted for 33% of the funds spent County‐wide since January 1, 2018.      Integrated Family Community Services also provides Emergency Rental Assistance and for the  2017 CDBG Fiscal Year served 19 households in Englewood.   This accounts for 61% of the total  households served through the Emergency Rental Assistance Program.      Upcoming FY 2018 CDBG Projected Services to Englewood Residents, the estimated value for  these services, for only Englewood Residents is $296,000:   Agency/Service  Projected Englewood  Residents  Arapahoe County  Residents  (Excluding Aurora)  % Englewood  Residents  Arapahoe  County/Weatherization  3  10  30%  Englewood Housing  Authority/ADA  Improvements  104  0  100%  Doctor’s Care/Medical  Access  39  260  15%  Family Promise of  Greater  Denver/Homeless  Services  3  6  50%  Family Tree/Homeless  Services  40  70  57%  TLC Meals on  Wheels/Home Meal  Delivery Services  198 people (28,700  meals)  573  35%  Page 56 of 80 Project Angel  Heart/Home Meal  Delivery Services  87 people (11,175  medically tailored  meals)  170  51%  Brother’s Housing  Rehab  3 Households  15  20%         Agreeing to be a part of the Urban County and HOME Consortium with Arapahoe County simply  allows HUD to use the demographics of Englewood to calculate the CDBG and HOME annual  allocations.  Englewood has historically opted to administer an annual allocation of $135,000 in  CDBG funds to fund the Energy Efficiency Englewood (E3) program and help to staff Family  Tree’s House of Hope Shelter.      As you can see in the chart above, Englewood residents receive a substantial amount of  services through the County CDBG allocations.  If Englewood opts to not join the Urban County  and HOME consortium, future funding will be reduced, resulting in fewer service availability to  County residents as a whole, which would significantly impact Englewood residents.      The signing of the Intergovernmental Agreement is the method by which HUD is allowed to use  the demographics of the City of Englewood.  There is no administrative burden or further  requirement on Englewood.     Page 57 of 80 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Jackie McKinnon DEPARTMENT: City Clerk's Office DATE: June 4, 2018 SUBJECT: CB 12 - Retail Liquor Tasting Permit DESCRIPTION: CB 12 - Retail Liquor Tasting Permit RECOMMENDATION: Staff is recommending Council approve an Ordinance establishing a Retail Liquor Tasting Permit in accordance with C.R.S. 12-47-301(10) and applicable provisions of the Englewood Municipal Code. PREVIOUS COUNCIL ACTION: On May 7, 2018 a review of the proposed Tasting Permit was discussed at the Study Session. ANALYSIS: The City Clerk's office has received many inquires from local retail liquor store owners requesting to have tastings at their liquor store. An alcohol beverage Tastings Permit allows a retail liquor store to conduct sample tastings of alcohol beverages within their own establishments. The City Clerk's office has researched surrounding cities policies and ordinances when considering the Tasting Permit. FINANCIAL IMPLICATIONS: A licensing and application fee will be charged for a Tasting Permit. Staff is recommending a $100.00 fee. The cost recovery is 100%. The estimated revenue from the fees based on 15 licensed Liquor Stores in Englewood would generate approximately $1500.00 per year. A Resolution will come forward June 4, 2018 with the proposed fees. CONCLUSION: Staff is recommending approval of the Retail Liquor Store Tasting Ordinance in accordance with C.R.S. 12-47-301(10) and applicable provisions of the Englewood Municipal Code for 2018 (effective February 6, 2018). ATTACHMENTS: Council Bill #12 State Statue 12-47-301 Kent Cellars Letter Off Broadway Wine and Spirits Letter Alcohol Beverage Tasting General Information Page 58 of 80 Proposed Rate Change Information Study Session Memo Page 59 of 80 1 BY AUTHORITY ORDINANCE NO. _____ COUNCIL BILL NO. 12 SERIES OF 2018 INTRODUCED BY COUNCIL MEMBER OLSON AN ORDINANCE AMENDING TITLE 5, CHAPTER 3A, SECTION 9, OF THE ENGLEWOOD MUNICIPAL CODE 2000 PERTAINING TO SPECIAL EVENT AND ALCOHOL TASTING PERMITS, INCLUDING AUTHORIZATION OF ALCOHOL BEVERAGE TASTINGS, AND LICENSURE THEREOF, AND AMENDING TITLE 5, CHAPTER 3B, SECTION 8, REGARDING APPLICABLE FEES, ALL WITHIN THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Colorado General Assembly, through C.R.S. 12-47-301(10), allows licensees of retail liquor stores or liquor-licensed drugstores to conduct alcohol beverage tastings on the premises; and WHEREAS, the Colorado General Assembly, through C.R.S. 12-47-301(10), allows the City Council to authorize by ordinance alcohol beverage tastings within the City in conformance with that statute. 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 5, Chapter 3A, Section 9 of the Englewood Municipal Code 2000 as follows: 5-3A-9: Special Event and Alcohol Tasting Permits for Consumption of Beverages containing Alcohol or Liquor. A. Special Event Permits for the consumption of beverages containing alcohol or liquor are hereby authorized within the City in accordance with C.R.S.12-48-101, et seq. 1. The authority may grant to an applicant a special event permit in accordance with the Colorado Liquor Code and subject to the limitations as set forth in C.R.S.12-48-101 , et seq. as the same may be amended from time to time. 2. A special event permit under this Section is a permit for the sale, by the drink only, of fermented malt beverages, as defined in C.R.S. 12-46-103, or the sale, by the drink only, of malt, spirituous, or vinous liquors, as defined in C.R.S. 12-47-103, to organizations and political candidates qualifying under C.R.S. 12-48-102, subject to the applicable provisions of and limitations imposed by State law. Page 60 of 80 2 B. Alcohol Tastings for the sampling of beverages containing alcohol or liquor are hereby authorized within the City in accordance with.C.R.S. 12-47-301(10). 1. The authority may grant to a holder of a City of Englewood retail liquor license or liquor-licensed drug-store (licensee) an Alcohol Beverage Tastings Permit in accordance with the provisions of this Chapter and subject to the limitations as set forth in C.R.S. 12-47-301(10), as the same may be amended from time to time. 2. Terms applicable to tasting events for beverages containing alcohol or liquor as set forth in C.R.S. 12-47-301(10) include, but are not limited to: a. Tasting of a beverage containing alcohol or liquor is the sampling of malt, vinous, or spirituous liquors that may occur on the premises of a retail liquor store or liquor-licensed drugstore by patrons 21 years of age older pursuant to the terms of a permit authorized in accordance with the provisions of C.R.S. 12-47-301(10). b. The size of an individual alcohol sample provided at a tasting shall not exceed one ounce of malt or vinous liquor or one-half of one ounce of spirituous liquor. c. Tastings shall not exceed a total of five hours in duration per day, which need not be consecutive. d. Tastings shall be conducted only during the operating hours in which the licensee on whose premises the tastings occur is permitted to sell beverages containing alcohol or liquor and in no case earlier than 11 a.m. or later than 7 p.m. e. The licensee shall not serve more than four individual samples to a patron during a tasting. f. Samples of beverages containing alcohol or liquor shall be in open containers and shall be provided to a patron free of charge. Section 2. The City Council of the City of Englewood, Colorado hereby authorizes amending Title 5, Chapter 3B, Section 8 of the Englewood Municipal Code 2000 as follows: 5-3B-8: Special Events and Alcohol Tasting Permit Fees shall be set by City Council Resolution and shall be in addition to any fees imposed by the State. Section 3. General provisions applicable to interpretation and application of this Ordinance: Applicability of Title 1, Chapter 2, Saving Clause. The provisions of Title 1, Chapter 2, Saving Clause apply to interpretation and application of this Ordinance, unless otherwise set forth in Section 1 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. The provisions of Title 1, Chapter 42, General Penalty mandate that except as otherwise provided within specific Titles, Chapters, or Sections of the Englewood Municipal Page 61 of 80 3 Code, the violation of any provisions of the Code or of any secondary code adopted therein shall be punished by a fine not exceeding two thousand six hundred and fifty dollars ($2,650.00) or imprisonment for a term not exceeding three hundred sixty (360) days or by both such fine and imprisonment. Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Introduced, read in full, and passed on first reading on the 21st day of May, 2018. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 23rd day of May, 2018. Published as a Bill for an Ordinance on the City’s official website beginning on the 22nd day of May, 2018. Read by Title and passed on final reading on the 4th day of June, 2018. Published by Title in the City’s official newspaper as Ordinance No. ___, Series of 2018, on the 7th day of June, 2018. Published by title on the City’s official website beginning on the 6th day of June, 2018 for thirty (30) days. This Ordinance shall take effect thirty (30) days after publication following final passage. , Mayor ATTEST: Stephanie Carlile, City Clerk Page 62 of 80 4 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 2018. Stephanie Carlile Page 63 of 80 Page 64 of 80 I� •:• The licensee shall promptly remove all open and unconsumed alcohol beverage samples from the licensed premises or shall destroy the samples immediately following the completion of the Alcohol Beverage Tasting. •!• Alcohol samples shall be in open containers and shall be provided to a patron free of charge. •:• No manufacturer of spirituous or vinous liquors shall induce a licensee through free goods or financial or in-kind assistance to favor the manufacturer's products being sampled at a tasting. The licensee shall bear the financial and all other responsibility for a tasting. •!• A retail liquor store or liquor licensee conducting a tasting shall be subject to the same revocation, suspension, and enforcement provisions as otherwise apply to the licensee. '1 ..J Page 65 of 80 Page 66 of 80 C.R.S. 12-47-301 (10) (a) The provisions of this subsection (10) shall only apply within a county, city and county, or municipality if the governing body of the county, city and county, or municipality adopts an ordinance or resolution authorizing tastings pursuant to this subsection (10). The ordinance or resolution may provide for stricter limits than this subsection (10) on the number of tastings per year per licensee, the days on which tastings may occur, or the number of hours each tasting may last. • (b) A retail liquor store or liquor-licensed drugstore licensee who wishes to conduct tastings may submit an application or application renewal to the local licensing authority. The local licensing authority may reject the application if the applicant fails to establish that he or she is able to conduct tastings without violating the provisions of this section or creating a public safety risk to the neighborhood. A local licensing authority may establish its own application procedure and may charge a reasonable application fee. • (c) Tastings are subject to the following limitations: o (I) Tastings shall be conducted only by a person who has completed a server training program that meets the standards established by the liquor enforcement division in the department of revenue and who is either a retail liquor store licensee or a liquor-licensed drugstore licensee, or an employee of a licensee, and only on a licensee's licensed premises. o (II) The alcohol beverage used in tastings must be purchased through a licensed wholesaler, licensed brew pub, licensed distillery pub, or winery licensed pursuant to section 12-47-403 at a cost that is not less than the laid-in cost of the alcohol beverage. o (III) The size of an individual alcohol sample shall not exceed one ounce of malt or vinous liquor or one- half of one ounce of spirituous liquor. o (IV) Tastings shall not exceed a total of five hours in duration per day, which need not be consecutive. o (V) Tastings shall be conducted only during the operating hours in which the licensee on whose premises the tastings occur is permitted to sell alcohol beverages, and in no case earlier than 11 a.m. or later than 7 p.m. o (VI) The licensee shall prohibit patrons from leaving the licensed premises with an unconsumed sample. o (VII) The licensee shall promptly remove all open and unconsumed alcohol beverage samples from the licensed premises or shall destroy the samples immediately following the completion of the tasting. o (VIII) The licensee shall not serve a person who is under twenty-one years of age or who is visibly intoxicated. o (IX) The licensee shall not serve more than four individual samples to a patron during a tasting. o (X) Alcohol samples shall be in open containers and shall be provided to a patron free of charge. o (XI) Tastings may occur on no more than four of the six days from a Monday to the following Saturday, not to exceed one hundred four days per year. o (XII) No manufacturer of spirituous or vinous liquors shall induce a licensee through free goods or financial or in-kind assistance to favor the manufacturer's products being sampled at a tasting. The licensee shall bear the financial and all other responsibility for a tasting. • (d) A violation of a limitation specified in this subsection (10) or of section 12-47-801 by a retail liquor store or liquor-licensed drugstore licensee, whether by his or her employees, agents, or otherwise, shall be the responsibility of the retail liquor store or liquor-licensed drugstore licensee who is conducting the tasting. • (e) A retail liquor store or liquor-licensed drugstore licensee conducting a tasting shall be subject to the same revocation, suspension, and enforcement provisions as otherwise apply to the licensee. • (f) Nothing in this subsection (10) shall affect the ability of a Colorado winery licensed pursuant to section 12- 47-402 or 12-47-403 to conduct a tasting pursuant to the authority of section 12-47-402 (2) or 12-47-403 (2)(e). Page 67 of 80 Dear Counsel, Hello! My name is Gene Martinez. I am the General Manager here at Kent Cellars Fine Wine & Spirits. When I took over the store in March of 2014 one of the things on my to do list was to establish public tastings for our wonderful and loyal customers! I was disappointed to find out that our liquor license did not allow us to do so. Since then I've been in close contact with the city clerks office (Jackie) trying to see what we can do to allow us to do so. In the last year or so it was sounding like finally this was something that the city was going to jump on board with. I understand that there may be some concerns about having under age or transients possibly taking advantage of our public tastings. However, I assure you that we would abide by the guidelines and laws that go along with our liquor license by educating my entire staff through TIPS training. I have worked in retail stores in the past that have been able to do public tastings. Incredible Wine and Spirits in Centennial and The Boulder Wine Merchant in Boulder. Both of these businesses abide by the regulations and laws under their liquor licenses. We are a very small store and a big concern that we have is having larger chain stores (grocery stores) being able to start selling full strength beer in 2019. Competing with them on pricing will be very difficult. Being able to do public tastings will benefit us by being able to interact more with our customers, educating customers on local beer, wine and spirit producers, creating a communal environment, increasing sales, and leveling out any loss that may occur to larger stores beating us out on pricing. I hope that the City of Englewood will see the positives in allowing businesses to conduct in store public tastings and that we do understand the consequences of going outside of the laws and regulations of our liquor license. If you have any concerns or questions, I encourage you to please reach out to me. Sincerely, Gene Martinez General Manager Kent Cellars Fine Wine & Spirits Kentcellars@gmail.com 303.789.7426 Page 68 of 80 04/23/2018 To Whom It May Concern: We request that the City Council please consider approving tasting permits in Englewood. We have been operating in the City of Englewood since 2011. Since then, we have grown our business by offering a wider and higher-end selection. We believe that allowing us to taste our customers on 2 specified days a week would provide a great service to our shoppers, as well as allow us to increase our sales. Currently, we are at a disadvantage to our competitors in neighboring cities that have tasting permits. Allowing us to host tastings would increase sales for us and increase sales tax revenue for the city. In the last couple years, we have seen our customers become more discerning. They would enjoy having a small 4 oz sample of a new product to taste before purchasing. Tastings will be geared towards customers with an interest in finer wines and spirits. As such, our intention is to taste only higher end products to our discerning customers on a very controlled basis. We understand that there is a liability involved with having open liquor containers and would take this added responsibility very seriously. During our past 7 years operating, we believe that we have proven to be a responsible and professional establishment. We ask that the Council support our business and help set us up for added success. Please do not hesitate to contact us with any specific questions. Sincerely, Imtiaz Malik & Gilda Zaragoza Page 69 of 80 Page 70 of 80 Page 71 of 80 Page 72 of 80 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Jackie McKinnon DEPARTMENT: City Clerk's Office DATE: June 4, 2018 SUBJECT: Retail Liquor Tasting Permit Fee DESCRIPTION: Retail Liquor Tasting Permit Fee RECOMMENDATION: Staff is recommending Council approve a resolution establishing Retail Liquor Tasting Permit Fees in accordance with C.R.S. 12-47-301(10) and applicable provisions of the Englewood Municipal Code with an effective date of June 5, 2018. PREVIOUS COUNCIL ACTION: On May 7, 2018 a review of the proposed Tasting Permit was discussed at the Study Session. On May 14, 2018 a Bill for an Ordinance establishing a Liquor Tasting Permit passed on first reading. Council Bill No. 12 will be brought forward for final passage on June 4, 2018. On January 16, 2018 Council passed a resolution to accept 2018 fees for the City to be effective February 15, 2018. The Tasting Permit Fee was not included in the Proposed 2018 Fee and Rate Changes due to the fact the we were still researching surrounding City fees and procedures. SUMMARY: If Council passes the Ordinance, a fee needs to be established for this service which will cover administrative fees for processing and compliance of the Tasting Permit. ANALYSIS: See attached rate sheet. FINANCIAL IMPLICATIONS: Cost Recovery 100% Estimated Revenue from the fee charge: Fee per Permit $100.00 -15 Licensed Liquor Stores = $1500.00. CONCLUSION: Page 73 of 80 Staff is recommending approval of the Retail Liquor Store Tasting Fee in accordance with C.R.S. 12-47-301(10) and applicable provisions of the Englewood Municipal Code for 2018 (effective May 7, 2018). ATTACHMENTS: Resolution Alcohol Beverage Tasting General Information Tastings Permit Application Rate Information Sheet Page 74 of 80 1 RESOLUTION NO. ____ SERIES OF 2018 A RESOLUTION ESTABLISHING A RETAIL LIQUOR TASTING PERMIT FEE FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, Englewood Municipal Code requires most Permit fees to be set by Resolution; WHEREAS, the City Council of the City of Englewood regularly reviews, updates and approves the Permit Fees of the City of Englewood, Colorado; WHEREAS, the City Council desires to incorporate a Retail Liquor Tasting Permit fee established by Resolution which may be reviewed and/or updated on an annual or as needed basis. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: SECTION 1. ADOPTION. The 2018 Retail Liquor Tasting Permit Application and Fee is hereby approved for use within the corporate limits of the City of Englewood, Colorado as set forth herein. SECTION 2. INCORPORATION AS ATTACHMENT A. One (1) copy of the Liquor Tasting Permit Fee Application and Fee is attached hereto and incorporated herein. SECTION 3. PUBLIC RECORD. This Liquor Tasting Permit Fee Application shall be open to inspection and available to the public at all reasonable hours. ADOPTED AND APPROVED this 4th Day of June, 2018. Rita Russell, Mayor Pro Tem ATTEST: __________________________________ Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. _____, Series of 2018. ______________________________ Stephanie Carlile, City Clerk Page 75 of 80 ALCOHOL BEVERAGE TASTING GENERAL INFORMATION City of Englewood Retail Liquor Stores At all times, including during tastings, state statutes and local ordinances governing Retail Liquor Stores apply. The reader is strongly advised to read and become familiar with the requirements and restrictions contained in Section 12-47-301(10), C.R.S  An Alcohol Beverage Tastings Permit is valid only for the period of the existing liquor license.  An Alcohol Beverage Tastings Permit application must be submitted to the City at least 30 days prior to the first event. To avoid delay in the approval of the yearly permit, applicants must provide complete information as requested on the application form.  The licensee may amend an approved tastings schedule by delivering to the Office of the City Clerk a Notice of Amendment at least 48 hours prior to the unscheduled event.  Only persons who have completed state-approved server training may conduct or participate in tastings events. Certificates of Training must be filed with the City Clerk prior to the event.  A valid Alcohol Beverage Tastings Permit must be posted prominently on the licensed premises during all tasting events.  The alcohol used in a tasting shall be purchased through a licensed wholesaler, licensed brewpub, or licensed winery.  The size of the individual samples shall not exceed one ounce of malt or vinous liquor or one-half ounce of spirituous liquor. The licensee shall not serve more than four individual samples to a patron during a Tasting.  Tastings shall not exceed a total of five hours in duration per day, which hours need not be consecutive, and shall be conducted only during the operation hours in which the licensee on whose premises the tastings occur is permitted to sell alcoholic beverages, and in no case earlier than 11 a.m. or later than 7 p.m.  Tastings may occur on no more than four of the six days from a Monday to the following Saturday, not to exceed one hundred four days per year.  The licensee shall prohibit patrons from leaving the licensed premises with an unconsumed alcohol sample. Page 76 of 80  The licensee shall promptly remove all open and unconsumed alcohol beverage samples from the licensed premises or shall destroy the samples immediately following the completion of the Alcohol Beverage Tasting.  Alcohol samples shall be in open containers and shall be provided to a patron free of charge.  No manufacturer of spirituous or vinous liquors shall induce a licensee through free goods or financial or in-kind assistance to favor the manufacturer’s products being sampled at a tasting. The licensee shall bear the financial and all other responsibility for a tasting. 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