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2017-02-21 (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 Due to technical difficulties there is only audio available for the February 21, 2017 City Council Meeting. AGENDA City Council Regular Meeting Tuesday, February 21, 2017 ♦ 7:00 PM 1. Call to Order 2. Invocation 3. Pledge of Allegiance 4. Roll Call 5. Consideration of Minutes of Previous Session a. Minutes from the Regular City Council Meeting of February 6, 2017. City Council - 06 Feb 2017 - Minutes 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. b. Amy Sposato will address Council regarding Council dynamics. c. Coween Dickerson, an Englewood resident, will address Council regarding communication. 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 may be limited to 45 minutes, and if limited, shall be continued to General Discussion.) Council Response to Public Comment. 8. Communications, Proclamations, and Appointments a. Board and Commission Recognition Page 1 of 110 Englewood City Council Regular Agenda February 21, 2017 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. 9. Consent Agenda Items a. Approval of Ordinances on First Reading i. Council Bill 8 - IGA Amendment for Art Shuttle Cost Sharing IGA Amendment for Art Shuttle Cost Sharing Staff recommends Council adopt a Bill for an Ordinance authorizing the Third Amendment to the Intergovernmental Agreement between the City of Englewood and the Regional Transportation District (RTD) for cost sharing for operation of the Art Shuttle for 2017. Staff: Senior Planner Harold Stitt b. Approval of Ordinances on Second Reading. i. Council Bill 2 - Broadway and Acoma Lofts – Grant of Water Service Line Easement to the City of Englewood The Parks, Recreation and Library Department in conjunction with the Community Development Department recommend Council acceptance of a Water Service Line Easement by Ordinance to serve the City owned Paseo. Staff: Open Space Manager Dave Lee and Planner II Brook Bell ii. Council Bill 3 - Partners in Energy - Memorandum of Understanding Xcel Partners in Energy Staff recommends Council approve a Bill for an Ordinance to enter into a Memorandum of Understanding (MOU) between the City of Englewood and Xcel Energy. Staff: Strategy and Innovation Officer Mark Woulf iii. Council Bill 5 - IGA to Cosponsor the US Small Business Administration’s Emerging Leaders Program Staff recommends that Council approve a Bill for Ordinance as a cosponsor of the Small Business Administration’s (SBA) Emerging Leaders Program by waiving fees associated with the use of the Community Room. Englewood’s support for this event will allow the SBA to host this event at Englewood Civic Center. Staff: Economic Development Manager Darren Hollingsworth iv. Council Bill 7 - Intergovernmental Agreement – VALE Grant The Police Department is recommending that City Council adopt a Bill for an Ordinance on second reading authorizing the Police Department to apply for and accept funding in the amount of $23,940 from the 2017 VALE Grant. Staff: Victim Witness Services Coordinator Nancy Wenig c. Resolutions and Motions i. Biosolids Hauling Trailer Purchase Staff recommends Council approve, by resolution, the purchase of one, rear discharge, biosolids trailer from Transwest Trailers (Model OLB36-102NG-HSW "Advantage Series" Live Bottom Trailer) in the amount of $88,638.79. This trailer is identical to two units approved for purchase in 2016. Staff: Littleton/Englewood Wastewater Treatment Plant Director Dennis Stowe ii. Purchase of Two John Deere Fairway Mowers Staff recommends Council approve, by motion, the purchase of two (2) John Deere 7500A Precision Cut Fairway Mowers from Potestio Brothers Page 2 of 110 Englewood City Council Regular Agenda February 21, 2017 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. Equipment, Inc., for $103,245.48. This purchase is through the National Purchasing Partners (NPP) Lawn and Landscape Equipment award (PG5S). Staff: Fleet Manager Pat White 10. Public Hearing Items 11. Ordinances, Resolutions and Motions a. Approval of Ordinances on First Reading i. Council Bill 9 - Amendment of Title 5, Chapter 3 Retail Marijuana Retail Marijuana Staff recommends passage of the Ordinance. Pursuant to Article IV, Section 46, if a majority of the electors voting thereon shall vote in favor thereof, the same shall thereupon, without further publication, become an Ordinance of the City immediately. Staff: Acting City Clerk Stephanie Carlile b. Approval of Ordinances on Second Reading i. Council Bill 6 - Amending Title 1-10-3 Authority to Issue Subpoenas Staff recommends Council amend Title One, Chapter 10, Section 3 EMC to allow for an official conducting a Quasi-Judicial Hearing to issue and enforce subpoenas to testify. Staff: Acting City Attorney Dugan Comer c. Resolutions and Motions i. A Resolution Adopting the Englewood Forward 2016 Comprehensive Plan Staff recommends that Council approve a resolution adopting the Englewood Forward 2016 Comprehensive Plan. Staff: Community Development Director Brad Power ii. 2017 Budget Supplemental; realigning existing General Funds to reflect administrative personnel moves Staff recommends Council approve a resolution for a 2017 General Fund Budget Supplemental to realign existing funding to reflect separating the Human Resource Department Budget, realigning internal staffing and consolidating funding for legal services. No additional funds are being requested. Staff: Finance and Administrative Service Director Kathleen Rinkel iii. EMRF Real Estate Broker Representation EMRF Real Estate Broker Representation The EMRF Board recommends that City Council approve a resolution of support of a listing contract with NavPoint Real Estate Group to market the remaining available parcels on behalf of the EMRF Foundation. 12. General Discussion a. Mayor's Choice i. Executive Session - Discussion of a personnel matter with the City Manager pursuant to C.R.S. Section 24-6-402(4)(f)(I). Page 3 of 110 Englewood City Council Regular Agenda February 21, 2017 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. b. Council Members' Choice 13. City Manager’s Report a. Future Agenda Review Agenda - Tentative Study Session Topics 14. City Attorney’s Report 15. Adjournment Page 4 of 110 MINUTES City Council Regular Meeting Monday, February 6, 2017 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 Jefferson at 7:02 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 Joe Jefferson Mayor Pro Tem Rick Gillit Council Member Laurett Barrentine Council Member Amy Martinez Council Member Linda Olson Council Member Steve Yates A quorum was present. COUNCIL ABSENT: Council Member Rita Russell STAFF PRESENT: City Manager Keck Acting City Attorney Comer Assistant City Manager Robinson City Clerk Ellis Acting City Clerk Carlile Director Rinkel, Finance and Administrative Services Director Brocklander, Information Technology Open Space Manager Lee, Parks and Recreation Economic Development Manager Hollingsworth, Community Development Strategy and Innovation Officer Woulf, City Manager's Office Page 1 of 15 Draft Page 5 of 110 City Council Regular February 6, 2017 Planner II Bell, Community Development Victim Witness Services Coordinator Wenig, Police Department Commander Watson, Police Department 5 Consideration of Minutes of Previous Session a) Minutes from the Regular City Council Meeting of January 17, 2017. Moved by Council Member Rick Gillit Seconded by Council Member Steve Yates TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OFJANUARY 17, 2017. For Against Abstained Amy Martinez x Joe Jefferson x Linda Olson x Laurett Barrentine x Rick Gillit (Moved By) x Steve Yates (Seconded By) x 6 0 0 Motion CARRIED. 6 Recognition of Scheduled Public Comment a) Mark Swanson, an Englewood resident, was scheduled to address Council regarding Code Enforcement but was not present. b) Jason Sakry, an Englewood resident, addressed Council regarding decorum. c) Jeremey Letkomiller, an Englewood resident, addressed Council regarding the attempted removal of the Mayor. d) Cassandra Letkomiller, an Englewood resident, addressed Council regarding the attempted removal of the Mayor. e) Gavin Letkomiller, an Englewood resident, addressed Council regarding the attempted removal of the Mayor. f) Coween Dickerson, an Englewood resident, addressed Council regarding communications. g) Ida May Nicholl, an Englewood resident, addressed Council regarding the Englewood City Council. h) Kathleen Bailey, an Englewood resident, addressed Council regarding Page 2 of 15 Draft Page 6 of 110 City Council Regular February 6, 2017 the attempted removal of the Mayor. i) Elaine Hults, an Englewood resident, addressed Council regarding Council decorum. j) John Odenheimer, a Centennial resident, addressed Council regarding the sex offender residency ordinance. k) Doug Cohn, an Englewood resident, addressed Council regarding historic preservation. l) Susan Walker addressed Council regarding the sex offender residency restrictions. m) Bob Farris, an Englewood resident and business owner, addressed Council regarding miscellaneous separate issues. n) Steven Ward, an Englewood resident, addressed Council regarding Council's performance. 7 Recognition of Unscheduled Public Comment Council Response to Public Comment. a) Jan Hunsaker addressed Council regarding sex offender residency restrictions. b) Matt Triplett, an Englewood resident, addressed Council regarding pride in Englewood. c) Hugo Weinberger, an Englewood resident, addressed Council regarding Englewood advancement. d) Diana Brockhausen, an Englewood resident, addressed Council regarding Council Bill 4. e) Bob Ellstrom, an Englewood resident, addressed Council regarding Title 1. f) Roberta Ponis addressed Council regarding Ordinance 34. g) Brian Brockhausen, an Englewood resident, addressed Council regarding magic circles. h) Pat Harris addressed Council regarding Ordinance 34. i) Violet Pierce addressed Council regarding sex offender residency restrictions. j) Daniel Manion, an Englewood resident, addressed Council regarding the Council meeting on January 17th. k) Chiles Freidman, an Englewood resident, addressed Council regarding Page 3 of 15 Draft Page 7 of 110 City Council Regular February 6, 2017 immigrant rights. l) Kelli Reynolds with the State of Colorado Sex Offender Management office, addressed Council regarding sex offender residency restrictions. m) Nathan Beste and Jeremiah Wilson, Englewood business owners, introduced themselves and their business to Council. n) Carolyn Turner addressed Council regarding sex offender residency restrictions. o) Craig Ruff addressed Council regarding sex offender residency restrictions. The meeting recessed at 9:16 p.m. for a break. The meeting reconvened at 9:28 p.m. with all Council Members present. 8 Communications, Proclamations, and Appointments a) A Resolution appointing Richard Langdon to the Alliance for Commerce in Englewood Committee (ACE). RESOLUTION NO. 9, SERIES OF 2017 A RESOLUTION APPOINTING RICHARD LANGDON TO THE ALLIANCE FOR COMMERCE IN ENGLEWOOD COMMITTEE (ACE) FOR THE CITY OF ENGLEWOOD, COLORADO. b) A Resolution appointing Amy Gallegos as an alternate voting member to the Alliance for Commerce in Englewood Committee (ACE). RESOLUTION NO. 10, SERIES OF 2017 A RESOLUTION APPOINTING AMY GALLEGOS AS AN ALTERNATE TO THE ALLIANCE FOR COMMERCE IN ENGLEWOOD COMMITTEE (ACE) FOR THE CITY OF ENGLEWOOD, COLORADO. c) A Resolution appointing Robert Ellstrom to the Board of Adjustment and Appeals. RESOLUTION NO. 11, SERIES OF 2017 A RESOLUTION APPOINTING ROBERT ELLSTROM TO THE BOARD OF ADJUSTMENT AND APPEALS FOR THE CITY OF ENGLEWOOD, COLORADO. d) A Resolution appointing Coween Dickerson as an alternate voting member to the Board of Adjustment and Appeals. Page 4 of 15 Draft Page 8 of 110 City Council Regular February 6, 2017 A RESOLUTION APPOINTING COWEEN DICKERSON AS AN ALTERNATE VOTING MEMBER TO THE BOARD OF ADJUSTMENT AND APPEALS FOR THE CITY OF ENGLEWOOD, COLORADO. e) A Resolution appointing Jerry Walker as a non-voting alternate member to the Code Enforcement Advisory Committee. RESOLUTION NO. 12, SERIES OF 2017 A RESOLUTION APPOINTING JERRY WALKER AS A NON-VOTING ALTERNATE MEMBER TO THE CODE ENFORCEMENT ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD, COLORADO. f) A Resolution appointing Julie Bowden to the Code Enforcement Advisory Committee. RESOLUTION NO. 13, SERIES OF 2017 A RESOLUTION APPOINTING JULIE BOWDEN TO THE CODE ENFORCEMENT ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD, COLORADO. g) A Resolution appointing David Carroll the Cultural Arts Commission in Englewood Committee (CAC). RESOLUTION NO. 14, SERIES OF 2017 A RESOLUTION APPOINTING DAVID CARROLL TO THE CULTURAL ARTS COMMISSION IN ENGLEWOOD COMMITTEE (CAC) FOR THE CITY OF ENGLEWOOD, COLORADO. h) A Resolution appointing Cheryl Wink the Cultural Arts Commission in Englewood Committee (CAC). RESOLUTION NO. 15, SERIES OF 2017 A RESOLUTION APPOINTING CHERYL WINK TO THE CULTURAL ARTS COMMISSION IN ENGLEWOOD COMMITTEE (CAC) FOR THE CITY OF ENGLEWOOD, COLORADO. i) A Resolution appointing Rebecca Laurie-Betancourt as an alternate member to the Cultural Arts Commission. RESOLUTION NO. 16, SERIES OF 2017 A RESOLUTION APPOINTING REBECCA LAURIE-BETANCOURT AS AN ALTERNATE MEMBER TO THE CULTURAL ARTS COMMISSION Page 5 of 15 Draft Page 9 of 110 City Council Regular February 6, 2017 FOR THE CITY OF ENGLEWOOD, COLORADO. j) A Resolution appointing Fermin Avila to the Election Commission. RESOLUTION NO. 17, SERIES OF 2017 A RESOLUTION APPOINTING FERMIN AVILA TO THE ELECTION COMMISSION OF THE CITY OF ENGLEWOOD, COLORADO. k) A Resolution appointing Robert Watson to the Election Commission. RESOLUTION NO. 18, SERIES OF 2017 A RESOLUTION APPOINTING ROBERT WATSON TO THE ELECTION COMMISSION OF THE CITY OF ENGLEWOOD, COLORADO. l) A Resolution appointing Laurel Rhodes to Keep Englewood Beautiful Commission. RESOLUTION NO. 19, SERIES OF 2017 A RESOLUTION APPOINTING LAUREL RHODES TO KEEP ENGLEWOOD BEAUTIFUL COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. m) A Resolution appointing Nathan Pavelka to Keep Englewood Beautiful Commission. RESOLUTION NO. 20, SERIES OF 2017 A RESOLUTION APPOINTING NATHAN PAVELKA TO KEEP ENGLEWOOD BEAUTIFUL COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. n) A Resolution appointing Jennifer Heller to Keep Englewood Beautiful Commission. RESOLUTION NO. 21, SERIES OF 2017 A RESOLUTION APPOINTING JENNIFER HELLER TO KEEP ENGLEWOOD BEAUTIFUL COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. o) A Resolution appointing Meg Griffin to Keep Englewood Beautiful Commission. RESOLUTION NO. 22, SERIES OF 2017 Page 6 of 15 Draft Page 10 of 110 City Council Regular February 6, 2017 A RESOLUTION APPOINTING MEG GRIFFIN TO KEEP ENGLEWOOD BEAUTIFUL COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. p) A Resolution appointing Lauren Thome to Keep Englewood Beautiful Commission. RESOLUTION NO. 23, SERIES OF 2017 A RESOLUTION APPOINTING LAUREN THOME TO KEEP ENGLEWOOD BEAUTIFUL COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. q) A Resolution appointing Christine Adams to the Parks and Recreation Commission. RESOLUTION NO. 24, SERIES OF 2017 A RESOLUTION APPOINTING CHRISTINE ADAMS TO THE PARKS AND RECREATION COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. r) A Resolution appointing Kathy Christie to the Parks and Recreation Commission. RESOLUTION NO. 25, SERIES OF 2017 A RESOLUTION APPOINTING KATHY CHRISTIE TO THE PARKS AND RECREATION COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. s) A Resolution appointing Jeremy Letkomiller as an alternate member to the Planning and Zoning Commission. RESOLUTION NO. 26, SERIES OF 2017 A RESOLUTION APPOINTING JEREMY LETKOMILLER AS AN ALTERNATE MEMBER TO THE PLANNING AND ZONING COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. t) A Resolution appointing Michelle Austin to the Planning and Zoning Commission. RESOLUTION NO. 27, SERIES OF 2017 A RESOLUTION APPOINTING MICHELLE AUSTIN TO THE Page 7 of 15 Draft Page 11 of 110 City Council Regular February 6, 2017 PLANNING AND ZONING COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. u) A Resolution appointing Lily Siegel-Gardner to the Public Library Board. RESOLUTION NO. 28, SERIES OF 2017 A RESOLUTION APPOINTING LILY SIEGEL-GARDNER TO THE PUBLIC LIBRARY BOARD FOR THE CITY OF ENGLEWOOD, COLORADO. v) A Resolution appointing Kristin "Britt" Fuiks to the Urban Renewal Authority. RESOLUTION NO. 29, SERIES OF 2017 A RESOLUTION APPOINTING KRISTIN "BRITT" FUIKS TO THE URBAN RENEWAL AUTHORITY FOR THE CITY OF ENGLEWOOD. w) A Resolution appointing Bernie Costello to the Urban Renewal Authority. RESOLUTION NO. 30, SERIES OF 2017 A RESOLUTION APPOINTING BERNIE COSTELLO TO THE URBAN RENEWAL AUTHORITY FOR THE CITY OF ENGLEWOOD. x) A Resolution appointing Timothy Johnson to the Water and Sewer Board. RESOLUTION NO. 31, SERIES OF 2017 A RESOLUTION APPOINTING TIMOTHY JOHNSON TO THE WATER AND SEWER BOARD FOR THE CITY OF ENGLEWOOD, COLORADO. y) A Resolution re-appointing Michelle Mayer to the Public Library Board. RESOLUTION NO. 32, SERIES OF 2017 A RESOLUTION REAPPOINTING MICHELLE MAYER TO THE PUBLIC LIBRARY BOARD FOR THE CITY OF ENGLEWOOD, COLORADO. z) A Resolution re-appointing Daryl Kinton to the Planning and Zoning Commission. RESOLUTION NO. 33, SERIES OF 2017 Page 8 of 15 Draft Page 12 of 110 City Council Regular February 6, 2017 A RESOLUTION REAPPOINTING DARYL KINTON TO THE PLANNING AND ZONING COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. aa) A Resolution re-appointing Kathryn Sturtevant James to the Keep Englewood Beautiful Commission. RESOLUTION NO. 34, SERIES OF 2017 A RESOLUTION REAPPOINTING KATHRYN STURTEVANT JAMES TO THE KEEP ENGLEWOOD BEAUTIFUL COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. Moved by Council Member Rick Gillit Seconded by Council Member Amy Martinez Motion to approve Agenda Items 8 (a) - (aa). Moved by Council Member Steve Yates Seconded by Council Member Linda Olson Motion to remove Agenda Item 8 (d). For Against Abstained Amy Martinez x Joe Jefferson x Linda Olson (Seconded By) x Laurett Barrentine x Rick Gillit x Steve Yates (Moved By) x 5 1 0 Motion CARRIED. Moved by Council Member Steve Yates Seconded by Council Member Linda Olson Motion to approve Agenda Items 8 (a) - (c) and (e) - (aa). For Against Abstained Amy Martinez x Joe Jefferson x Linda Olson (Seconded By) x Laurett Barrentine x Page 9 of 15 Draft Page 13 of 110 City Council Regular February 6, 2017 Rick Gillit x Steve Yates (Moved By) x 5 0 1 Motion CARRIED. Moved by Council Member Steve Yates Seconded by Council Member Linda Olson Motion to approve Agenda Item 8 (d). A RESOLUTION APPOINTING COWEEN DICKERSON AS AN ALTERNATE VOTING MEMBER TO THE BOARD OF ADJUSTMENT AND APPEALS FOR THE CITY OF ENGLEWOOD, COLORADO. For Against Abstained Amy Martinez x Joe Jefferson x Linda Olson (Seconded By) x Laurett Barrentine x Rick Gillit x Steve Yates (Moved By) x 2 3 1 Motion DEFEATED. 9 Consent Agenda Items a) Approval of Ordinances on First Reading i) Council Bill 3 - Staff recommends that Council adopt a Bill for an Ordinance to enter into a Memorandum of Understanding (MOU) between the City of Englewood and Xcel Energy to support the Partners In Energy program. Staff: Strategy and Innovation Officer Mark Woulf COUNCIL BILL NO. 3, INTRODUCED BY COUNCIL MEMBER GILLIT A BILL FOR AN ORDINANCE AUTHORIZING A MEMORANDUM OF UNDERSTANDING FOR THE PARTNERS IN ENERGY PROGRAM BETWEEN XCEL ENERGY AND THE CITY OF ENGLEWOOD. ii) Council Bill 5 - Staff recommends that Council approve a Bill for Page 10 of 15 Draft Page 14 of 110 City Council Regular February 6, 2017 Ordinance as a cosponsor of the Small Business Administration’s (SBA) Emerging Leaders Program by waiving fees associated with the use of the Community Room. Englewood’s support for this event will allow the SBA to host this event at Englewood Civic Center. Staff: Economic Development Manager Darren Hollingsworth COUNCIL BILL NO. 5, INTRODUCED BY COUNCIL MEMBER GILLIT A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT TO COSPONSOR THE UNITED STATES SMALL BUSINESS ADMINISTRATION COLORADO EMERGING LEADERS PROGRAM BETWEEN THE U.S. SMALL BUSINESS ADMINISTRATION, THE GREATER ENGLEWOOD CHAMBER OF COMMERCE AND THE CITY OF ENGLEWOOD. iii) Council Bill 7 - The Police Department recommends that City Council adopt a Bill for an Ordinance authorizing the Police Department to apply for and accept funding in the amount of $23,940 from the 2017 VALE Grant. Staff: Victim Services Coordinator Nancy Wenig COUNCIL BILL NO. 7, INTRODUCED BY COUNCIL MEMBER GILLIT A BILL FOR AN ORDINANCE AUTHORIZING THE APPLICATION FOR AND ACCEPTANCE OF A VICTIM ASSISTANCE LAW ENFORCEMENT (VALE) GRANT FROM THE VICTIM ASSISTANCE LAW ENFORCEMENT BOARD OF THE 18TH JUDICIAL DISTRICT. iv) Council Bill 2- Staff recommends that Council approve a Bill for an Ordinance recommend Council accepting a Water Service Line Easement to serve the City owned Paseo. Staff: Open Space Manager Dave Lee and Planner II Brook Bell COUNCIL BILL NO. 2, INTRODUCED BY COUNCIL MEMBER GILLIT A BILL FOR AN ORDINANCE ACCEPTING A "WATER SERVICE LINE EASEMENT" FROM BROADWAY LOFTS, LLLP. TO PROVIDE WATER TO THE CITY OWNED PASEO LOCATED AT 3449 SOUTH BROADWAY. Page 11 of 15 Draft Page 15 of 110 City Council Regular February 6, 2017 b) Approval of Ordinances on Second Reading. i) Council Bill 1 - Staff recommends that Council approve a Bill for an Ordinance authorizing an Intergovernmental Agreement with Arapahoe County regarding acceptance of grant funding for the Northwest Greenbelt Trail Connection Project. Staff: Open Space Manager Dave Lee ORDINANCE NO. 3, SERIES OF 2016 (COUNCIL BILL NO. 1, INTRODUCED BY COUNCIL MEMBER GILLIT) AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL GRANT AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO AND THE BOARD OF COUNTY COMMISSIONERS OF ARAPAHOE, STATE OF COLORADO PERTAINING TO THE NORTHWEST GREENBELT TRAIL CONNECTION. c) Resolutions and Motions i) Staff recommends that Council approve, by motion, an agreement with Slate Communications for professional services related to communications. Staff: Assistant City Manager Murphy Robinson ii) Staff recommends Council approve, by motion, a Services Agreement with Sprint Solutions, Inc., for Mobility as a Service. Staff: Director of IT Margaret Brocklander Moved by Council Member Rick Gillit Seconded by Council Member Linda Olson Motion to approve Agenda Items 9 (a) (i) - (iv), (b) (i) and (c) (i) - (ii). For Against Abstained Amy Martinez x Joe Jefferson x Linda Olson (Seconded By) x Laurett Barrentine x Rick Gillit (Moved By) x Steve Yates x 6 0 0 Motion CARRIED. Page 12 of 15 Draft Page 16 of 110 City Council Regular February 6, 2017 10 Public Hearing Items No public hearing was scheduled before Council. 11 Ordinances, Resolutions and Motions a) Approval of Ordinances on First Reading i) Council Bill 4 – Staff recommends Council approve a Bill for an Ordinance amending the current ordinance requirement restricting convicted sex offenders to be Two Thousand Feet (2,000’) from any school, park or playground to One Thousand Feet (1,000’). Staff: Acting City Attorney Dugan Comer Moved by Council Member Rick Gillit Seconded by Council Member Steve Yates COUNCIL BILL NO. 4, INTRODUCED BY COUNCIL MEMBER GILLIT AN ORDINANCE AMENDING TITLE 7, CHAPTER 3, SECTION 3, SUBSECTION A, PARAGRAPH ii, SUBPARAGRAPH c, PROHIBITIONS, OF THE ENGLEWOOD MUNICIPAL CODE 2000 WHICH PERTAINS TO PROHIBITED RESIDENCY OF SEX OFFENDERS DISTANCE RESIDENCE REQUIREMENTS. For Against Abstained Amy Martinez x Joe Jefferson x Linda Olson x Laurett Barrentine x Rick Gillit (Moved By) x Steve Yates (Seconded By) x 5 1 0 Motion CARRIED. ii) Council Bill 6 - Staff recommends Council approve a Bill for an Ordinance amending Title One, Chapter 10, Section 3 EMC to allow for an official conducting a Quasi-Judicial Hearing to issue and enforce subpoenas to testify. Staff: Acting City Attorney Dugan Comer Moved by Council Member Rick Gillit Page 13 of 15 Draft Page 17 of 110 City Council Regular February 6, 2017 Seconded by Council Member Steve Yates COUNCIL BILL NO. 6, INTRODUCED BY COUNCIL MEMBER GILLIT A BILL FOR AN ORDINANCE AMENDING TITLE I, CHAPTER 10, SECTION 3, AUTHORITY TO ISSUE SUBPOENAS, OF THE ENGLEWOOD MUNICIPAL CODE 2000. For Against Abstained Amy Martinez x Joe Jefferson x Linda Olson x Laurett Barrentine x Rick Gillit (Moved By) x Steve Yates (Seconded By) x 5 1 0 Motion CARRIED. b) Approval of Ordinances on Second Reading There were no additional Ordinances on Second Reading. c) Resolutions and Motions There were no additional Resolutions or Motions. 12 General Discussion Council Member Yates made a motion to withdraw his motion made on January 17, 2017 and Council Member Martinez 2nd. [Clerks Note: The motion made on January 17, 2017 - With a majority "yes" vote, Council shall continue with current path of management. With a majority "no" vote, Council shall select a new Mayor and Mayor Pro Tem tonight.] a) Mayor's Choice b) Council Members' Choice i) If Council members want to attend the NLC Conference in Washington, D.C. from March 5-9, 2016, Council can approve a motion approving approximately $8,028 for three Councilors to Page 14 of 15 Draft Page 18 of 110 City Council Regular February 6, 2017 attend. Moved by Council Member Rick Gillit Seconded by Council Member Steve Yates Motion to approve four Council Members attendance to the NLC Conference in Washington D.C. on March 5-9 2017. Members attending will be Mayor Jefferson, Council Member Martinez, Council Member Gillit, and Council Member Olson. For Against Abstained Amy Martinez x Joe Jefferson x Linda Olson x Laurett Barrentine x Rick Gillit (Moved By) x Steve Yates (Seconded By) x 6 0 0 Motion CARRIED. 13 City Manager’s Report a) City Manager Keck discussed upcoming Agenda and Study Session Items. 14 City Attorney’s Report Acting City Attorney Comer did not have any matters to bring before Council. 15 Adjournment MAYOR JEFFERSON MOVED TO ADJOURN. The meeting adjourned at 10:15 p.m. Acting City Clerk Page 15 of 15 Draft Page 19 of 110 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Harold Stitt DEPARTMENT: Community Development DATE: March 6, 2017 SUBJECT: IGA Amendment for Art Shuttle Cost Sharing DESCRIPTION: IGA Amendment for Art Shuttle Cost Sharing RECOMMENDATION: Staff recommends Council adopt an Ordinance authorizing the Third Amendment to the Intergovernmental Agreement between the City of Englewood and the Regional Transportation District (RTD) for cost sharing for operation of the Art Shuttle for 2017. PREVIOUS COUNCIL ACTION: Council approved an Intergovernmental Agreement (IGA) between the City and the Regional Transportation District (RTD) for funding of the Englewood Circulator Shuttle by Ordinance 50, Series of 2004, by Ordinance 66, Series of 2007, by Ordinance 10, Series of 2008, by Ordinance 8, Series of 2009, by Ordinance 4, Series of 2010, Ordinance 5, Series of 2011, by Ordinance 9, Series of 2012, by Ordinance 3, Series of 2013, by Ordinance 10, Series of 2014, by Ordinance 5, Series of 2015, and by Ordinance 12, Series of 2016. Council approved Council Bill 8 on first reading on February 21, 2017. Council approved by Motion, in August 2004, a contract for transit services with Laidlaw Transit Services and subsequently extended this contract by Resolution No. 87, Series of 2005, by Resolution No. 77, Series of 2006, by Motion on December 3, 2007, by Motion on March 3, 2008, by Motion on April 6, 2009. Council approved by Motion on December 21, 2009, a contract for transit services with MV Transportation, Inc., and subsequently extended this contract by Motion on February 22, 2011, by Motion on March 5, 2012, by Motion on February 4, 2013, by Motion on March 17, 2014, by Motion on February 2, 2015, and by Motion on March 14, 2016. ANALYSIS: In 2014, RTD added a provision to their standard Intergovernmental Agreement that provides for either party to amend the agreement (Paragraph 10H). For 2017 as in 2015 and 2016, this allows for a simple amendment to the IGA stipulating the new funding amounts since all other provisions of the IGA will not change. Under this third amendment, the shuttle will continue to provide the current level of service operating every 15 minutes, Monday through Friday, 6:30 AM to 6:30 PM. RTD will reimburse the City 100% of all net operating costs as set forth in Exhibit B of the IGA less estimated farebox revenue. Net operating expenses exclude Page 20 of 110 administrative costs, marketing and promotional materials cost. The total budget for 2017 shuttle operations as proposed by RTD is $376,440 composed of operating expenses of $336,804 and estimated fuel costs of $39,636. As with the prior agreements, the City will also provide fuel to reduce costs by eliminating state and federal gasoline taxes. The City will reimburse RTD an amount equal to the farebox revenue that would have been collected had the shuttle operated as a fare service rather than free service. The amount of the compensation was determined through a survey of riders conducted in October 2016. The survey results indicated the number of riders that did not have a bus pass or transfer and would be subject to the standard, reduced senior or student fare, which is the basis for the farebox revenue calculation. For calendar year 2017, total program cost is $376,440 of which the City’s portion or estimated farebox revenue amount is $65,084 and RTD’s portion is $311,356. FINANCIAL IMPLICATIONS: RTD will reimburse the City for all contract and fuel costs less the farebox revenue fare amount. For the contract period the estimated farebox revenue amount is $65,084 and is included in the approved 2017 Community Development Department budget. The IGA provides a significant portion of the financial resources necessary to continue the same level of service, operating Monday through Friday, 6:30 am to 6:30 pm at no cost to riders. ATTACHMENTS: Art Shuttle THIRD AMENDMENT For 2017 Monthly ridership 2010-2017 CB 8 IGA Art Shuttle Page 21 of 110 Page 1 of 3 THIRD AMENDMENT TO FUNDING AGREEMENT FOR RTD FUNDING OF LOCAL TRANSPORTATION SERVICES (ENGLEWOOD art SHUTTLE) This Third Amendment to FUNDING AGREEMENT FOR RTD FUNDING OF LOCAL TRANSPORTATION SERVICES (ENGLEWOOD art SHUTTLE) (“Third Amendment”) is hereby made by and between the Regional Transportation District (“RTD”) and CITY OF ENGLEWOOD (“LOCAL ENTITY”). RTD and LOCAL ENTITY also may be referred to herein as a “Party” or collectively as the “Parties.” RECITALS A. RTD and LOCAL ENTITY entered into an agreement entitled FUNDING AGREEMENT FOR RTD FUNDING OF LOCAL TRANSPORTATION SERVICES (ENGLEWOOD art SHUTTLE) dated April 4, 2014 (“Agreement”); B. Section 10.H of the Agreement provides that the Parties may amend the Agreement to account for changes in the RTD Funding by a written agreement; C. The Parties executed the First Amendment to the Agreement dated February 19, 2015, in order to provide the RTD Funding for 2015; and the Second Amendment dated April 13, 2016 in order to provide funding for 2016. D. In accordance with Section 10.H, RTD and LOCAL ENTITY now desire to amend the Agreement in order to provide the RTD Funding for 2017. Now, therefore, the Parties agree as follows: AGREEMENT 1. Except as otherwise stated herein, all initially capitalized terms shall have the same meaning as set forth in the Agreement. If there is any conflict between the terms of this Amendment and the Agreement, the terms of this Amendment shall control. As modified by this Amendment, the Agreement shall remain in full force and effect. 2. Exhibit B of the Agreement is stricken and replaced with the revised Exhibit B, which is attached hereto and incorporated by reference herein. 3. This Amendment shall become effective upon the last date executed by all Parties. Page 22 of 110 Page 2 of 3 IN WITNESS WHEREOF, the Parties have duly executed this Amendment to the Agreement. CITY OF ENGLEWOOD REGIONAL TRANSPORTATION DISTRICT By: __________________________ By: ________________________ Joe Jefferson David A. Genova Mayor General Manager & CEO Date: Date: ATTEST: By:_________________________ Loucrishia A. Ellis City Clerk APPROVED AS TO LEGAL FORM for RTD: By:_______________________ Lori L. Graham Associate General Counsel Page 23 of 110 Page 3 of 3 REVISED EXHIBIT B DESCRIPTION OF THE RTD FUNDING Expenses- January 2017 – December 2017 art operating hours expense-6096 hours @ $55.25 per hour $ 336,804 art fuel expenses $ 39,636 Total Expenses $ 376,440 Estimated Farebox Revenue- January 2017 – December 2017 Estimated Farebox Revenue* $ 65,084 * Because the City offers the art as a fare-free service, Estimated Farebox Revenue is based upon a survey performed in October 2016 by RTD that determined the average fare that would have been collected had the City charged RTD’s local fare for the art service, and using the Operating Parameters set out in Exhibit A. RTD Funding* $376,440 (Expenses) - $ 65,084 (Estimated Farebox Revenue) RTD Funding $311,356 *The RTD Funding is calculated as the Net Cost of operating the art service up to the amount set out above. Net Cost is calculated as Expenses (all operating costs for the art including fuel but not administrative costs) less Estimated Farebox Revenue. Page 24 of 110 Month Ridership Total Average Month Ridership Total Average January-10 12,131 12,131 12,131 January-14 14,803 14,803 14,803 February-10 12,654 24,785 12,393 February-14 13,952 28,755 14,378 March-10 14,672 39,457 13,152 March-14 14,494 43,249 14,416 April-10 14,253 53,710 13,428 April-14 15,239 58,488 14,622 May-10 13,047 66,757 13,351 May-14 13,811 72,299 14,460 June-10 14,717 81,474 13,579 June-14 14,245 86,544 14,424 July-10 13,876 95,350 13,621 July-14 15,379 101,923 14,560 August-10 15,804 111,154 13,894 August-14 14,467 116,390 14,549 September-10 15,616 126,770 14,086 September-14 15,070 131,460 14,607 October-10 14,852 141,622 14,162 October-14 15,149 146,609 14,661 November-10 14,043 155,665 14,151 November-14 12,111 158,720 14,429 December-10 15,390 171,055 14,255 December-14 13,629 172,349 14,362 Month Ridership Total Average Month Ridership Total Average January-11 14,863 14,863 14,863 January-15 12,722 12,722 12,722 February-11 14,325 29,188 14,594 February-15 12,961 25,683 12,842 March-11 16,934 46,122 15,374 March-15 14,454 40,137 13,379 April-11 16,081 62,203 15,551 April-15 14,264 54,401 13,600 May-11 15,547 77,750 15,550 May-15 12,878 67,279 13,456 June-11 16,832 94,582 15,764 June-15 14,369 81,648 13,608 July-11 15,277 109,859 15,694 July-15 14,014 95,662 13,666 August-11 17,461 127,320 15,915 August-15 13,653 109,315 13,664 September-11 16,223 143,543 15,949 September-15 14,220 123,535 13,726 October-11 15,660 159,203 15,920 October-15 14,378 137,913 13,791 November-11 15,494 174,697 15,882 November-15 12,841 150,754 13,705 December-11 15,010 189,707 15,809 December-15 12,706 163,460 13,622 Month Ridership Total Average Month Ridership Total Average January-12 14,892 14,892 14,892 January-16 12,728 12,728 12,728 February-12 15,379 30,271 15,136 February-16 13,686 26,414 13,207 March-12 16,637 46,908 15,636 March-16 14,519 40,933 13,644 April-12 15,575 62,483 15,621 April-16 13,636 54,569 13,642 May-12 16,576 79,059 15,812 May-16 13,228 67,797 13,559 June-12 16,324 95,383 15,897 June-16 13,990 81,787 13,631 July-12 15,782 111,165 15,881 July-16 12,369 94,156 13,451 August-12 17,802 128,967 16,121 August-16 14,398 108,554 13,569 September-12 14,345 143,312 15,924 September-16 13,143 121,697 13,522 October-12 17,322 160,634 16,063 October-16 12,965 134,662 13,466 November-12 15,384 176,018 16,002 November-16 13,104 147,766 13,433 December-12 14,208 190,226 15,852 December-16 13,190 160,956 13,413 Month Ridership Total Average Month Ridership Total Average January-13 15,337 15,337 15,337 January-17 12,991 12,991 12,991 February-13 14,354 29,691 14,846 February-17 March-13 17,024 46,715 15,572 March-17 April-13 15,202 61,917 15,479 April-17 May-13 15,564 77,481 15,496 May-17 June-13 13,905 91,386 15,231 June-17 July-13 14,914 106,300 15,186 July-17 August-13 16,308 122,608 15,326 August-17 September-13 14,523 137,131 15,237 September-17 October-13 16,012 153,143 15,314 October-17 November-13 13,827 166,970 15,179 November-17 December-13 14,180 181,150 15,096 December-17 2013 Ridership 2011Ridership 2012 Ridership 2010 Ridership art Shuttle Ridership Report 2015 Ridership 2014 Ridership 2016 Ridership 2017 Ridership Page 25 of 110 BY AUTHORITY ORDINANCE NO. COUNCIL BILL NO. 8 SERIES OF 2017 INTRODUCED BY COUNCIL MEMBER GILLIT AN ORDINANCE AUTHORIZING A THIRD AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT AMENDING THE “ART” SHUTTLE COST SHARING INTERGOVERNMENTAL AGREEMENT BETWEEN THE REGIONAL TRANSPORTATION DISTRICT AND THE CITY OF ENGLEWOOD. WHEREAS, Council has approved Intergovernmental Agreements (IGA) between the City and the Regional Transportation District (RTD) for funding of the Englewood Circulator Shuttle from 2004 through 2016; and WHEREAS, in 2014, RTD added a provision to their standard Intergovernmental Agreement that provides for either party to amend only the financial commitment under the agreement (Paragraph 10H), for 2015. This allows for a simple amendment to the IGA stipulating the new funding amounts since all other provisions of the IGA will not change, which the Englewood City Council authorized by the passage of Ordinance No. 5, Series of 2015; and WHEREAS, in 2014, RTD added a provision to their standard Intergovernmental Agreement that provides for either party to amend only the financial commitment under the agreement (Paragraph 10H), for 2015; and WHEREAS, the Englewood City Council authorized a Second Amendment to IGA entitled “Funding Agreement for RTD Funding of Local Transportation Services” (Englewood Art Shuttle) between the Regional Transportation District (RTD) and the City of Englewood, Colorado by the passage of Ordinance No. 12, Series of 2016; and WHEREAS, the passage of this ordinance allows for a simple Third Amendment to the IGA stipulating the new funding amounts since all other provisions of the IGA will not change; and WHEREAS, the City will reimburse RTD in an amount equal to the firebox revenue that would have been collected had the shuttle operated as a far service rather than that free service fares that would have been collected had the shuttle operated as a fare service rather than free service; and WHEREAS, for calendar year 2017, the estimated lost fare amount equals $65,084, which has been budgeted. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Page 26 of 110 Section 1. The City Council of the City of Englewood, Colorado hereby authorizes the Third amendment to the IGA entitled “Third Amendment to Funding Agreement for RTD Funding of Local Transportation Services (Englewood Art Shuttle)” between the Regional Transportation District (RTD) and the City of Englewood, Colorado, as attached hereto as Exhibit A. Section 2. The Mayor and City Clerk are authorized to execute and attest said Intergovernmental Agreement for and on behalf of the City of Englewood. Introduced, read in full, and passed on first reading on the 21st day of February, 2017. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 23rd day of February, 2017. Published as a Bill for an Ordinance on the City’s official website beginning on the 22nd day of February, 2017 for thirty (30) days. Read by Title and passed on final reading on the 6th day of March, 2017. Published by Title in the City’s official newspaper as Ordinance No. , Series of 2017, on the 9th day of March, 2017. Published by Title on the City’s official website beginning on the 8th day of March, 2017 for thirty (30) days. Joe Jefferson, Mayor ATTEST: Stephanie Carlile, Acting City Clerk I, Stephanie Carlile, Acting City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No. , Series of 2017. Stephanie Carlile Page 27 of 110 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Mark Woulf DEPARTMENT: City Manager's Office DATE: March 6, 2017 SUBJECT: Partners in Energy - Memorandum of Understanding DESCRIPTION: Partners in Energy - Memorandum of Understanding RECOMMENDATION: To adopt an ordinance to enter into a Memorandum of Understanding (MOU) between the City of Englewood and Xcel Energy. PREVIOUS COUNCIL ACTION: In 2015, the City Council approved the entrance of the City of Englewood into the Partners in Energy Program, an Xcel Energy community collaboration. On February 6, 2017, the City Council approved the Memorandum of Understanding at First Reading. On February 21, 2017, the City Council tabled the item to the March 6, 2017 Regular Council meeting to allow for a technical correction. SUMMARY: After entering into the Partners in Energy program in 2015, Xcel Energy, in partnership with Brendle Group, facilitated five community planning workshops to develop a draft Energy Action Plan for the City. Participants included city council members, city staff, local hospitals, schools, local businesses, the Chamber of Commerce and Colorado State University extension staff. The diverse planning team met from March to November of this year to brainstorm and strategize how to achieve energy efficiencies across important sectors. The result of the five community meetings is a draft energy plan that seeks to reduce energy consumption across the major sectors of our local economy. The plan proposes a few working committees to collaborate and facilitate progress in our community. The goal is to reduce energy consumption in residential, commercial, and municipal properties by 1% annually through 2030, reducing the energy cost burden on our residents. ANALYSIS: The Energy Action Plan establishes a blueprint for the City to follow in order to realize energy reduction. However, the City cannot make meaningful progress toward our energy reduction Page 28 of 110 goals without assistance from community partners. Xcel Energy, in partnership with Brendle Group, has generously offered support, both financial and staff time, in exchange for city participation and leadership to implement the Energy Action Plan. The formal partnership is essential to carry out the actions in the draft plan and will result in overall energy savings for our businesses and residents. The technical correction, made after the February 21, 2017 City Council meeting, revised the historical data to include missing data from the last month of analysis. After t he missing data was included, the 3-year trend lines were adjusted. The historical data, while impacting the trend lines for both natural gas and electrical usage for the 3-year time period, does not impact the target reduction goals for the Energy Action Plan. A more detailed memorandum explaining the data is attached. The term of the Memorandum of Understanding is from March 1, 2017 through July 31, 2018. FINANCIAL IMPLICATIONS: Xcel Energy will provide the City up to $4,900 to assist in the implementation of the Energy Action Plan. The City will provide staff support for implementation; staff time is built into current work plans, no new financial impact on the City. ATTACHMENTS: Partners in Energy_Englewood_data brief Implementation MOU - Final 3-6-17 FINAL DRAFT Englewood Energy Action Plan - Updated 3-6-17 CB3 Partners in Energy Page 29 of 110 TO: City of Englewood City Council FROM: Xcel Energy Partners in Energy DATE: February 27, 2017 SUBJECT: Englewood Baseline Energy Use Update At the beginning of the Xcel Energy Partners in Energy planning process, the Xcel Energy team works to develop a community profile that identifies the amount of energy a community purchases, by fuel source, from Xcel Energy; a breakout by segment (residential, commercial, industrial); and an overlay of energy use for each segment. A community is also provided compiled information on historic rebate program participation for customers in the community. Throughout this process, all energy data complies with Xcel Energy Colorado’s and the Public Utility Commission’s data privacy policies (i.e., all summary statistics must contain at least 15 entities and no single entity can be responsible for more than 15 percent of total energy use or they are removed from the data summary). Specifically, the City of Englewood provided Xcel Energy with a shapefile of its boundary that Xcel Energy used to pull customer premises and associated data over a 36-month baseline period (2013 through 2015). The Partners in Energy team processed, conducted quality control checks, and finally presented Englewood’s aggregated energy data and statistics to inform the planning process. No 15/15 violators were identified in Englewood. After an inquiry from the City of Englewood about the significant downward trend in energy use over the baseline period (9.3 percent reduction in total energy use from 2013 to 2015), the Partners in Energy team reviewed the original data and identified a single incomplete month of data - December 2015 - in the 36-month data set. The original data were pulled on December 22, 2015 and thus, any premise meters read after the 22nd were missing from the dataset. As a result, December 2015 had an artificially low premise count and associated usage for both electricity and natural gas. The team requested a new dataset for all customer premises within the previously defined shapefile boundary for Englewood, and the updated data were processed to update the baseline values in Englewood’s Energy Action Plan (EAP). An updated version of the Englewood EAP is included as an attachment to this memo. The following is a summary of the changes to the baseline energy use data: Increase in December 2015 premise count – 70 percent of the premise meters in December 2015 were read after December 22nd and therefore missing from the original dataset. Increase in total energy use in 2015 from 2.7 million MMBtu to 2.9 million MMBtu (7 percent increase). Electricity use increased from 330 million kWh to 340 million kWh (6 percent increase) and natural gas use increased from 16 million therms to 17 million therms (9 percent increase). Page 30 of 110 No impact on energy use breakdown by source or sector. A shift from a slight decrease (2.5 percent) in electricity consumption from 2013 to 2015 to a slight increase (2.9 percent). A reduction in the 2013 to 2015 downward trend in natural gas consumption from 17 percent to 9.7 percent. A reduction in the 2013 to 2015 downward trend in total energy use from 11 percent to 4.9 percent. Though this error in the original dataset affects the baseline energy use summary for Englewood, there are no additional revisions to the EAP proposed because of the approach taken for estimating the energy use forecast, goals, and strategies, as the strategies and resulting savings were built bottom-up based on what the planning team determined could be accomplished. This approach included consideration of a projected increase in population as well as the downward baseline trend in energy use for the community that resulted in a flat line business-as-usual (BAU) energy use forecast for the Englewood EAP. Though the downward baseline energy use trend is not as significant as originally expected, the calculations still produce a flat line BAU. Because 2015 is the defined baseline year for setting the flat line BAU forecast, and this forecast is used to define the 1 percent energy use reduction per year goal, there is a slight impact to the reduction potential of the strategies included in the EAP. However, given the layering of assumptions within this type of strategic planning analysis, the impact is lost within the rounding and ‘noise’ of the analysis model. Furthermore, even if the updated baseline data were used during the plan development process, the same goals and strategies would have been identified and included in the EAP. These target goals and strategies are similar to the efforts underway in other Partners in Energy communities around Colorado and were determined to be reasonable given existing City, County Extension, and Xcel Energy resources. For the reasons stated here, it is recommended that no revisions be made to the Englewood EAP beyond the updates to the energy use baseline results (these updates have already been made to the version of the EAP attached to this memo). Attachments: Updated EAP Page 31 of 110 XCEL ENERGY PARTNERS IN ENERGY ……………………………………………………………………………………………………………………………………………… Memorandum of Understanding Implementation Phase 1 Memorandum of Understanding Phase 2: Implementation Murphy Robinson III Assistant City Manager City of Englewood 1000 Englewood Parkway Englewood, CO 80110 The intent of this Memorandum of Understanding (MOU) is to recognize the achievement of the City of Englewood in developing a city-wide Energy Action Plan. Xcel Energy, through its Partners in Energy offering, has supported the development of this Energy Action Plan. This MOU will outline how the City of Englewood and Xcel Energy will continue to work together to support the community as it implements the plan. The term of this joint support, as defined in this document, will extend from March 1, 2017 until July 31, 2018. This is a voluntary agreement and not intended to be legally binding for either party. Through this planning process the community identified a broad goal for the Energy Action Plan to drive annual energy savings of one percent each year through 2030. The table below outlines the planned impacts through the term of this agreement. City of Englewood Energy Action Plan Goal Summary Focus Area Electricity Conservation Goal (in kWh) Natural Gas Conservation Goal (in therms) Municipal/Institutional 827,300 5,500 Commercial Sector 3,089,000 47,500 Housing 360,400 26,400 Total 4,276,700 79,400 Page 32 of 110 XCEL ENERGY PARTNERS IN ENERGY ……………………………………………………………………………………………………………………………………………… Memorandum of Understanding Implementation Phase 2 Xcel Energy will support the City of Englewood in achieving the goals of the energy action plan, by area of focus, in the following ways: Municipal/Institutional: o Support for the implementation of energy-efficiency upgrades to city facilities. Develop a case study and showcase collateral to be used on the web, in newsletters, magazines, etc., to position the city to lead through example. o Assist in the design and development of an employee challenge. Support development of the challenge collateral and the tracking and measurement of results. o Provide $500.00 to be used in delivery of the employee challenge. This can be used towards a kick-off or celebration event or used to fund prizes. It can’t be used for alcohol and can’t be used to purchase or fund services or technology already rebated or discounted through Xcel Energy demand side management (DSM) programs. o Support funded by Xcel Energy for this focus area is not to exceed 85 hours. These hours will include those provided through our Partners in Energy team from the Brendle Group and does not include support provided by Xcel Energy internal staff. Commercial Sector: o Support the development and delivery of a campaign for energy efficient lighting targeting the medical facilities and campuses within the City of Englewood. Develop materials and collateral to support the campaign. Coordinate marketing efforts with Xcel Energy staff and their implementation vendors to leverage co-branding. o Assist in the development and implementation of a sustainable business program to promote awareness of sustainable business practices and recognize leaders. Support the design of the program structure, assist in developing outreach materials and program collateral necessary for delivery, and develop a system for tracking participant activity and reporting goal attainment. o Provide $750 to reimburse co-branded print expenses or advertising associated with the promotion of the lighting campaign or the sustainable business program. Provide an additional $750 to reimburse expenses associated with a recognition event or awards for the sustainability program. Marketing materials and collateral that is funded needs to be pre-approved by Xcel Energy and the purchase of any alcohol will not be reimbursed. o Support funded by Xcel Energy for this focus area is not to exceed 150 hours. These hours will include those provided through our Partners in Energy team from the Brendle Group and does not include support provided by Xcel Energy internal staff. Page 33 of 110 XCEL ENERGY PARTNERS IN ENERGY ……………………………………………………………………………………………………………………………………………… Memorandum of Understanding Implementation Phase 3 Housing: o Support the development of up to three marketing fliers or collateral pieces to promote energy efficiency to Englewood specific audiences regarding energy efficiency or possible program participation. o Coordinate the delivery of residential education workshop promotion and delivery in conjunction with the City of Littleton’s offering. o Help facilitate the integration of energy efficiency into the school curriculum through collaboration with Arapahoe County Extension Office efforts and use of Xcel Energy School Kits. Promote kits to local schools as appropriate. o Provide $900 to reimburse printing or production cost of fliers, posters, or signage. o Support funded by Xcel Energy for this focus area is not to exceed 45 hours. These hours will include those provided through our Partners in Energy team from the Brendle Group and does not include support provided by Xcel Energy internal staff. Additional Support: o Support for a community wide launch of the Energy Action Plan. This can include marketing communications support for development of flyers of press release development, assistance in developing targeted launch events for the residential and business market, and coordinating support from Xcel Energy program specialists. Provide up to $2,000 to be used for advertising, printing, food, venue or recognition awards. Funding provided can’t be used to purchase alcohol or fund any technologies or services currently rebated under the existing Xcel Energy Demand Side Management programs. o Quarterly tracking and reporting on Xcel Energy program participation by the businesses and residents in the City of Englewood. Reporting will include participant counts and energy reduction. o Continued support for the strategy teams. This will include facilitation of team calls as appropriate, task tracking and reporting, and coordination with Xcel Energy program staff. o Support funded by Xcel Energy for this work is not to exceed 75 hours. These hours will include those provided through our Partners in Energy team from the Brendle Group and does not include support provided by Xcel Energy internal staff. Page 34 of 110 XCEL ENERGY PARTNERS IN ENERGY ……………………………………………………………………………………………………………………………………………… Memorandum of Understanding Implementation Phase 4 The City of Englewood commits to supporting the Energy Action Plan to the best of its ability in the following ways: Drive the achievement of the conservation impacts and renewable energy choices outlined in the City of Englewood Energy Action Plan. o Achieve an incremental 4,276,700 kWh electricity conservation and 79,400 therms natural gas, by August 30, 2018. Municipal/Institutional: o Implement efficiency upgrades in city facilities. Continue the process of implementing projects identified for upgrades and identify new opportunities to save energy. Share the results with the community to position the City of Englewood as a leader in energy conservation. Apply for rebates and assistance from Xcel Energy to supp ort the energy efficiency upgrades. o Support a culture of resource conservation through developing an Energy Team for the city and an employee engagement campaign, including an energy challenge. Recruit an Energy Team made up of city staff to identify city objectives, roles, and employee challenge framework based on the successful Brighton model. Provide leadership on the design and development of the employee challenge materials. Identify and develop recognition channels and rewards. Track participation and results. Goals will include informing 100% of city staff and engaging 20% to actively participate in the challenge. o Commercial Sector: Conduct a campaign to encourage medical related building stock in Englewood to implement lighting upgrades. Work with Xcel Energy to identify the segment customers and identify the most effective channel(s) to reach and influence decision makers for lighting equipment. Leverage direct contact with medical sector personnel in recruiting their support for the Englewood Energy Action Plan. Page 35 of 110 XCEL ENERGY PARTNERS IN ENERGY ……………………………………………………………………………………………………………………………………………… Memorandum of Understanding Implementation Phase 5 Develop a sustainable business program for Englewood businesses. Coordinate with Chamber of Commerce to develop a program framework and coordinate initial outreach. Provide direction and input in the development of outreach materials. Recruit businesses within Englewood. Support and coordinate recognition of qualifying businesses through events and public communication venues. o Housing: Support an outreach campaign that includes delivering education on energy conservation and solar energy through City channels and community-based events. Provide direction and support for marketing collateral development and outreach. Incorporate content on conservation opportunities into city publications. Co-host with the City of Littleton, and the Arapahoe County Extension Office, up to three workshops for residents of Englewood and Littleton with content delivered through Arapahoe County Extension Office and supported by Xcel Energy program staff. These efforts will include providing public venues for the workshops and conducting outreach to potential participants using existing City channels. Support Arapahoe County Extension Office energy conservation programming for elementary schools by leveraging outreach channels to encourage school participation and by publicly recognizing schools for their energy reduction efforts. Provide Xcel Energy an opportunity to review marketing materials to assure accuracy when they incorporate the Xcel Energy and Partners in Energy logos or reference Xcel Energy or any of its products or services. Share the collateral, Energy Action Plan document, supporting work documents, and implementation results from the City of Englewood with the public. The experience, successes, and lessons learned from this community will inform others looking at similar or expanded initiatives. Page 36 of 110 XCEL ENERGY PARTNERS IN ENERGY ……………………………………………………………………………………………………………………………………………… Memorandum of Understanding Implementation Phase 6 All communications pertaining to this agreement shall be directed to Murphy Robinson on behalf of the City of Englewood and Tami Gunderzik on behalf of Xcel Energy. Xcel Energy is excited about this opportunity to support the City of Englewood in advancing its goals around energy. The resources outlined above and provided through Partners in Energy are provided as a part of our commitment to the communities we serve and Xcel Energy’s support of energy efficiency and renewable energy as important resources to meet your future energy needs. For the City of Englewood: ______________________________________ Date: ________________________________ For Xcel Energy: _____________________________________ Date: ________________________________ Page 37 of 110 An Energy Action Plan for Englewood, Colorado DRAFT: 2/23/2017 Page 38 of 110 ENGLEWOOD ENERGY ACTION PLAN i Table of Contents Acknowledgements........................................................................................................................................ iii Executive Summary ...................................................................................................................................... iv Introduction .................................................................................................................................................... 1 Xcel Energy Partners in Energy ................................................................................................................ 1 Who Are We? ................................................................................................................................................ 3 Demographics ........................................................................................................................................... 3 Housing ..................................................................................................................................................... 4 Business and Economy ............................................................................................................................. 5 Commitment to Sustainability .................................................................................................................... 6 The Case for a Community Energy Action Plan ........................................................................................ 6 Where Are We Now? ..................................................................................................................................... 7 Baseline Energy Analysis .......................................................................................................................... 7 Community Efficiency Program Participation........................................................................................... 10 Other Energy Initiatives and Sustainability Practices .............................................................................. 11 Local Outreach and Communication Channels ....................................................................................... 13 Where Do We Want To Go? ........................................................................................................................ 14 Our Energy Vision ................................................................................................................................... 14 Focus Areas ............................................................................................................................................ 14 Focus Area 3: Housing ................................................................................................................................ 20 Goals ....................................................................................................................................................... 20 How Are We Going To Get There? .............................................................................................................. 22 Municipal/ Institutional ............................................................................................................................. 23 Commercial Sector .................................................................................................................................. 25 Housing ................................................................................................................................................... 29 How Are We Going to Stay On Course? ...................................................................................................... 31 Operational Actions and Tracking ........................................................................................................... 31 Communication and Reporting ................................................................................................................ 31 Changing Course: Corrective Action ....................................................................................................... 32 Recognition for Achieving Goals ............................................................................................................. 33 Beyond the Plan Horizon ......................................................................................................................... 33 Appendix: Implementation Memorandum of Understanding ........................................................................ 33 Page 39 of 110 ENGLEWOOD ENERGY ACTION PLAN ii Table of Figures Figure 1. Partners in Energy Process for Success ...................................................................................... 23 Figure 2. Resources from Xcel Energy for Implementation ........................................................................... 2 Figure 3. City of Englewood South Metro Suburb Map .................................................................................. 3 Figure 4. City of Englewood Demographics ................................................................................................... 4 Figure 5. Original Year of Construction for Englewood’s Housing Stock ....................................................... 5 Figure 6. Englewood Employment Base ........................................................................................................ 6 Figure 7. City of Englewood Electricity Use in 2015 ...................................................................................... 7 Figure 8. City of Englewood Natural Gas Consumption in 2015 .................................................................... 8 Figure 9. Year-to-Year Natural Gas Consumption Trends ............................................................................. 9 Figure 10. Year-to-Year Electricity Consumption Trends ............................................................................... 9 Figure 11. Dollars Spent on Total Energy in 2015 ....................................................................................... 10 Figure 12. 3-Year Average Residential Program Participation Counts ........................................................ 11 Figure 13. 3-Year Average Commercial Program Participation Counts ....................................................... 11 Figure 14. City of Englewood Citizen Newsletter ........................................................................................ 13 Figure 15. Energy Vision Cloud ................................................................................................................... 14 Figure 16. City of Englewood Municipal Energy Use ................................................................................... 15 Figure 17. Types of Medical Establishments ............................................................................................... 16 Figure 18. Historical Commercial/ Industrial Electricity Savings across Englewood .................................... 17 Figure 19. Historical Commercial/ Industrial Natural Gas Savings across Englewood ................................ 17 Figure 20. Historical Commercial/ Industrial Program Participants across Englewood ................................ 18 Figure 21. Active Commercial Zones Focus Area 3: Housing...................................................................... 19 Figure 22. Englewood's Energy Growth Forecast Based on Historic Total Energy Use and Populat ion Trends ......................................................................................................................................................... 21 Figure 23. Englewood's Energy Action Plan Goal ....................................................................................... 21 Figure 24. Total Energy Savings by Focus Area............................................ Error! Bookmark not defined. Figure 25. Electricity Savings by Focus Area ................................................ Error! Bookmark not defined. Figure 26. Natural Gas Savings by Focus Area ............................................. Error! Bookmark not defined. Figure 27. Implementation Process ............................................................................................................. 31 Figure 28. Implementation Leaders ............................................................................................................. 32 Page 40 of 110 ENGLEWOOD ENERGY ACTION PLAN iii Acknowledgements Thanks to the following organizations and individuals for participating in developing this Energy Action Plan. Englewood’s Energy Action Planning Team The planning team was formed from a varied group of Englewood residents, businesses, elected and appointed officials, and City staff committed to working on energy efficiency in the community. Citizen Group Brett Kotal, Keep Englewood Beautiful Chad Michels, Alliance for Commerce Business and Organizational Representatives Ariel Ramos, Englewood School District David Henderson, Englewood School District Jim Hamit, Englewood Housing Authority Randy Penn, Greater Englewood Chamber of Commerce Scott Noyes, EMJD Corporation Sean Dressel, Swedish Medical Center Clifford Weinburger, Englewood Building Owner and Developer Jeff Walker, RTD Board of Directors – District D Tim Aston, CSU Extension Arapahoe County City Staff Members Alison Carney, City of Englewood Program Support Amy Martinez, City of Englewood City Council Darren Hollingsworth, City of Englewood Dave Chapman, City of Englewood Water Greg Farmer, City of Englewood Waste Water Treatment Plant Dan Long, City of Englewood Facilities Murphy Robinson, City Manager’s Office Mark Woulf, City Manager’s Office Intern Xcel Energy Representatives Tami Gunderzik, Partners in Energy Program Manager Michelle Beaudoin, Xcel Energy Account Manager Tom Henley, Xcel Energy Area Manager, Community and Local Government Affairs Susan Blythe, Brendle Group Facilitator Becky Fedak, Brendle Group Facilitator Page 41 of 110 iv CITY OF ENGLEWOOD ENERGY ACTION PLAN Executive Summary Our Vision: The City of Englewood will demonstrate forward-thinking and sustainable energy leadership in leveraging collaborative partnerships that achieve an affordable, adaptive, and renewable energy future. Our Goals: The City’s overarching goal is to reduce total energy use 1 percent annually through 2030, which could compound to reducing total energy use by 12 percent over the 2015 baseline by that time. How Will We Get There? Municipal/ Institutional Commercial Sector Housing Strategies: 1. Implement efficiency upgrades in City facilities, organize a City energy committee, implement an energy awareness and engagement campaign, and publicly share success with the community. Strategies: 2. Develop a lighting efficiency campaign targeting the medical sector. 3. Develop a sustainable business program that educates, supports, and recognizes businesses that work to improve their efficiency by joining them together as an identifiable peer group within the community. The program will include a framework that raises awareness, encourages action, and offers tangible and intangible benefits from participating. Strategy: 4. Build awareness of Xcel Energy and other programs for residential customers through a targeted, multi-pronged outreach campaign that includes connecting with residents through City channels and at community events and providing tailored information for children in Englewood’s schools. Page 42 of 110 ENGLEWOOD ENERGY ACTION PLAN v Playbook for Achieving Our Goals xcelenergy.com | © 2015 Xcel Energy Inc. | Xcel Energy is a registered trademark of Xcel Energy Inc.| Public Service Company of Colorado, an Xcel Energy Company. 15-12-104 | 12/15 Ongoing – Tracking Track implementation of strategies over time Have regular check-ins to stay on course and adjust as needed Continue to identify new outreach channels Solicit community feedback Publicly share successes Reward high performance Immediate Actions (January 2017 – Aug 2017) Convene strategy teams and City committee members Identify resources available to fully implement strategies Coordinate with City engagement and communication efforts Build employee challenge framework Coordinate on lighting efficiency approach Coordinate on residential outreach approach Develop outreach materials and case studies Identify key business sectors and develop frameworks for business program Longer-term Actions (Aug 2017 – Aug 2018) Host and attend first wave of events Implement efficiency upgrades in City facilities Roll out employee energy challenge Develop recognition models Execute on lighting campaign Offer Developer’s Packet for new construction Engage schools Develop a solar outreach campaign Develop and deliver post employee challenge survey Develop and deliver business survey Identify next wave of efficiency messaging for commercial targets Page 43 of 110 ENGLEWOOD ENERGY ACTION PLAN 1 Introduction The purpose of this plan is to outline tangible steps for the City of Englewood to move the community towards its energy goals, by increasing energy efficiency investments and participation across the community. In January of 2016, Assistant City Manager, Murphy Robinson signed a Memorandum of Understanding (MOU) with Xcel Energy, on behalf of Englewood’s City Council, to participate in Partners in Energy (see Appendix). From March to November 2016, a 19-member planning team participated in a series of workshops to develop the contents of the Energy Action Plan alongside representatives from Xcel Energy, Englewood’s electricity and natural gas provider. The team was comprised of Englewood residents, members of the business community, City staff, and representatives from the Chamber of Commerce, Englewood Housing Authority, Englewood School District, and Swedish Medical Center. The planning team reviewed utility data for their community, prioritized areas of focus for Englewood, and developed this Energy Action Plan. The group would like to carry out this plan to help the community work toward short- to mid-term energy goals, with the short-term focused on an 18-month initial implementation period (January 2017 to September 2018) and the mid-term looking out to the end of 2030. This plan includes detailed action planning for meeting the identified short-term energy goals. The process was facilitated through Xcel Energy’s Partners in Energy offering for communities and convened by the City of Englewood. The following plan provides an overview of the Englewood community, the community’s baseline energy use, documentation of the Partners in Energy planning process, a summary of priority focus areas identified by the Energy Action Team for implementation, and the near-term actions and strategies required to keep the implementation of this plan on track toward achieving its goals. Xcel Energy Partners in Energy Xcel Energy is the electric and gas utility serving the City of Englewood. In the summer of 2014, Xcel Energy launched Partners in Energy to support communities, such as City of Englewood, in developing and implementing energy action plans that supplement existing sustainability plans, strategies, and tools. The content of this plan is derived from a series of planning workshops held in the community with a planning team committed to representing local energy priorities and implementing plan strategies (Figure 1). Partners in Energy will work with City of Englewood to coordinate support for implementing the plan and will develop a Memorandum of Understanding that outlines specific support Xcel Energy will provide to help the City of Englewood deploy its strategies and achieve its goals (Figure 2). Page 44 of 110 ENGLEWOOD ENERGY ACTION PLAN 2 Project Management Communication Assistance and Resources Tracking and Measurement Celebration and Recognition of Successes Figure 2. Resources from Xcel Energy for Implementation Figure 1. Partners in Energy Process for Success Page 45 of 110 ENGLEWOOD ENERGY ACTION PLAN 3 Who Are We? Englewood is a suburban community located in the greater Denver metropolitan area and encompasses approximately 6.6 square miles within Arapahoe County. Figure 3 is a map of the City of Englewood municipal boundary in relation to the Denver metro area suburbs.1 It is bisected by US 285 (Hamden Avenue), which runs East-West through the community. In general, the community’s commercial corridors are flanked by residential neighborhoods, and there are plentiful parks and recreation opportunities in the area. Like many cities along the Front Range of Colorado, Englewood can trace its beginnings to the gold rush of the 1850s. The City was established in 1903 on land that was originally homesteaded by an Irish immigrant named Tom Skerritt. Over the subsequent decades, the Denver region grew, and along with it the City of Englewood. Demographics Englewood has a growing population – the 2014 population was approximately 32,500 – and the city has experienced approximately 2 percent annual growth since 2010. This is consistent with Denver Metro area trends where the average population growth rate is approximately 1.5 percent per year since 2010. While the overall population is growing, it appears household sizes in Englewood remain steady. In 2010, there were an estimated 2.1 persons per household, and in 2014 the estimate was 2.0 persons per 1 “Denver Area Suburb Map.” City of Englewood, Colorado. http://www.englewoodgov.org/our-community/maps-and- directions/denver-area-suburb-map Figure 3. City of Englewood South Metro Suburb Map Page 46 of 110 ENGLEWOOD ENERGY ACTION PLAN 4 household. The median age of Englewood residents is 37, which is the same as the average for the Denver Metro area. Interestingly, Englewood is experiencing a unique demographic trend for the Denver Metro area with a declining population aged between 34 and 44. However, Englewood has the highest percentage of Millennials in the Denver Metro area (19 percent), and an above average percentage of Baby Boomers, which make up 13 percent of the community’s population. In terms of energy, those people between 34 and 44 (in the Generation X range with growing families) are likely the highest ene rgy users because of their growing families. The decline in this range could have an impact on energy trends over time. Englewood is also becoming less diverse – approximately 17 percent of residents were of Hispanic or Latino origin in 2014. This a 4.6 percent decrease from 2010. Approximately 12 percent speak Spanish. For energy planning purposes, the language needs of the community are important for outreach and education efforts. Figure 4 displays the racial composition of Englewood. Figure 4. City of Englewood Demographics Housing There are approximately 15,200 housing units in Englewood, 50 percent of which are single-family detached or attached structures. Approximately 49 percent of homes are owner-occupied. The housing stock in Englewood is considered mature, with only 10 percent of all units having been built since 1990. In fact, 43 percent of all homes were built prior to 1940. Many of these older homes are large , with 57 percent of homes having five rooms or more. The combination of age and size presents a significant opportunity for potential energy efficiency improvements and savings. Furthermore, Englewood’s housing vacancy rate is 6.6 percent, meaning that the housing inventory is healthy for home buyers. This provides further evidence that energy efficiency updates for the older housing stock could be well supported. Figure 5 shows the relative age of Englewood’s housing stock. White 84.9% Black or African American 3.3% American Indian and Alaska Native 1.8% Asian 2.7% Other 7.3% 2014 American Community Survey 5-Year Estimates Page 47 of 110 ENGLEWOOD ENERGY ACTION PLAN 5 Figure 5. Original Year of Construction for Englewood’s Housing Stock Large multi-family apartments (20 or more units) comprise a significant portion of Englewood’s housing stock (24 percent). The affordability of housing and utilities for renter households are of concern - approximately 50 percent of renter households spend 30 percent or more of their monthly income on housing and utility costs. Energy efficiency improvements in these aging apartment areas could likely support revitalization and reinvestment efforts, as well as provide savings for cost -burdened residents. Business and Economy There are approximately 2,000 businesses that employ about 21,250 workers. Interestingly, E nglewood has more jobs than resident workers. Unemployment, as of 2014, was approximately 9 percent and the median household income was $42,000. Major industries in Englewood include health care; manufacturing; retail; and professional, scientific, and technical services. Figure 6 illustrates the major business types within Englewood. Built 1939 or earlier 13% Built 1940 to 1949 11% Built 1950 to 1959 29% Built 1960 to 1969 12% Built 1970 to 1979 14% Built 1980 ot 1989 11% Built 1990 to 1999 7% Built 2000 to 2009 3% Built 2010 or later 0% 2014 American Community Survey 5-Year Estimates Page 48 of 110 ENGLEWOOD ENERGY ACTION PLAN 6 Figure 6. Englewood Employment Base The City of Englewood has a Business and Employment Strategic Plan that identifies five comprehensive plan goals and objectives for the community: 1. Provide an economically viable environment that builds and maintains a diverse base of businesses. 2. Build, attract, and retain a quality workforce. 3. Promote economic growth by building on Englewood’s strong sense of community image, identity, and quality of life. 4. Recognize the importance of infrastructure and municipal services to ensure the economic viability of Englewood’s business community. 5. Recognize the unique characteristics and associated opportunities for enhancing the value of Englewood’s commercial, industrial, and mixed-use districts. Many of these goals relate to energy action planning in Englewood in that reducing the utility cost burden through energy efficiency strategies helps new and existing businesses thrive. Commitment to Sustainability Englewood’s participation in Partners in Energy was preceded by several years of sustainability work. The City is focused on initiatives aimed at increasing energy efficiency, supporting renewable energy, conserving resources, reducing waste, and increasing fuel savings for City operations in addition to promoting programs the help residents lead more environmentally friendly lifestyles. It will be essential to coordinate the Energy Action Plan so that it fits well with existing community efforts. For more information about Englewood’s green initiatives, visit the City’s website. The Case for a Community Energy Action Plan While the City of Englewood is home to a number of existing energy-related programs and initiatives, these initiatives have not historically been coordinated or tied to any overarching plan or goals. This community Energy Action Plan will serve as a guidepost for collective activities and a road map for collaborative Private Sector Services 25% Medical 22% Construction 12% Manufacturing 11% Retail 9% Food & Entertainment 6% All Other 8% Government 7% 2015 Englewood Community Profile Page 49 of 110 ENGLEWOOD ENERGY ACTION PLAN 7 initiatives that leverage available resources in a concerted and targeted fashion for results that are impactful, visible, and measurable in the community. The evolution of this plan and the resulting implementation efforts will enable businesses, residents, and the City itself to save energy and cost and inspire greater participation and pride. Where Are We Now? Baseline Energy Analysis An early step in the Partners in Energy planning process was to review current energy use in Englewood . The Xcel Energy team calculated and presented energy statistics from 2013 to 2015 .2 Comparing these data helped the planning group understand how and where energy is used in the city. Electricity and natural gas data supplied by Xcel Energy show that Englewood has approximately 17,548 residential, commercial, and industrial accounts that consumed approximately 345 million kWh of electricity and 17.2 million therms of natural gas in 2015. Approximately 14,943 residential accounts consumed 96 million kWh (28 percent) of electricity and 6.9 million therms (40 percent) of natural gas while 2,605 commercial and industrial accounts consumed 249 million kWh (72 percent) of electricity and 10.3 million therms (60 percent) of natural gas in 2015. Figures 7 and 8 show Englewood’s electricity and natural gas use, respectively, in 2015. Figure 7. City of Englewood Electricity Use in 2015 2 All energy data presented through this process was developed for planning purposes and may contain variations from data obtained through other sources. All energy and program data presented here comply with Xcel Energy’s Colorado data privacy policies (all summary statistics must contain at least 15 entities, and no single entity can be responsible for more than 15 percent of the total or they will be removed from the summary). Page 50 of 110 ENGLEWOOD ENERGY ACTION PLAN 8 Figure 8. City of Englewood Natural Gas Consumption in 2015 Over the 3-year period from 2013 to 2015 for which data was available, Englewood experienced a decreasing trend for total energy use across both residential and commercial/industrial sectors. The residential sector experienced a decrease of 8.5 percent on average over the 3-year period, despite approximately 1 to 2 percent annual population growth. The commercial/industrial sector decreased 2 percent on average over the 3-year period. Over the 3-year period natural gas use decreased 9.7 percent across both sectors – 12 percent in the residential sector and 8.0 percent in the commercial/ industrial sector. Figure 9 displays the natural gas consumption year-to-year trends. Comparatively, electricity use increased 2.9 percent across both sectors over the same period corresponding to a less than one percent decrease in the residential sector offset by a 4.2 percent increase in the commercial/ industrial sector. Figure 10 displays the electricity consumption year-to-year trends. Page 51 of 110 ENGLEWOOD ENERGY ACTION PLAN 9 Figure 9. Year-to-Year Natural Gas Consumption Trends Figure 10. Year-to-Year Electricity Consumption Trends Considering community total energy costs, on average, residential premises spent $910 annually while commercial/industrial premises spent $10,300 annually. This corresponds to monthly energy costs of $76 and $860 for a residential and commercial/industrial premise, respectively. Electricity usage comprises the majority of the average annual energy cost per premise for both residential and commercial/industrial Page 52 of 110 ENGLEWOOD ENERGY ACTION PLAN 10 customers. In total, Englewood residents and businesses spent $40.3 million on energy utilities in 2015. For comparison, the City of Englewood’s Operating Fund was $44.6 million in 2015. Figure 11 shows the average dollars spent on energy per sector in 2015. Figure 11. Dollars Spent on Total Energy in 2015 Community Efficiency Program Participation Baseline data gathered to help in developing this Energy Action Plan include historic Xcel Energy demand side management (DSM) rebate program participation counts specifically for Englewood. These data (shown in Figures 12 and 13) provide a snapshot of what types of programs both residential and commercial/industrial customers are using, to what degree, and likely channels of information. They also show opportunities for greater participation in the available DSM programs and need for increased education and awareness. $9.83 $22.5 $3.79 $4.18 $0 $5 $10 $15 $20 $25 $30 Residential Commercial and IndustrialMillionsDollars Spend on Energy in 2015 Electricity Natural Gas Page 53 of 110 ENGLEWOOD ENERGY ACTION PLAN 11 Figure 12. 3-Year Average Residential Program Participation Counts Figure 13. 3-Year Average Commercial Program Participation Counts Other Energy Initiatives and Sustainability Practices The city has been proactive in addressing its own facilities and energy and resource consumption, with a variety of projects completed in the last few years. It also has participated in renewable energy opportunities, where possible, and supports a volunteer citizen board dedicated to promoting community participation and environmentally responsible behavior. Other organizations in the community have been making progress on the efficiency front as well, from the school district to the medical district. Table 1 includes many of these activities and offers a sense of investment in efficiency and sustainability . Page 54 of 110 ENGLEWOOD ENERGY ACTION PLAN 12 Table 1. Existing Energy and Sustainability Initiatives in Englewood. Energy and Sustainability Initiatives Municipal Initiatives Purchased 42 solar photovoltaic (PV) panels through the community solar operative Colorado Energy Collective and Xcel Energy to power the pumping station off Union Avenue, which yielded 24 percent payback in the first year Installed solar PV panels on four city facilities: o Englewood Civic Center o Malley Senior Recreation Center o Englewood Service Center o Police/Fire Complex Littleton/ Englewood Wastewater Treatment Plant leading conservation and process efficiency efforts including: o Lighting projects o Replacing three 150 HP drives with VFD’s o Exploring biogas and solar installation projects In 2012, participated in an energy audit with Ameresco and implemented multiple energy saving initiatives on city buildings Installed energy efficient lighting in all facilities and traffic signals Launched energy conservation program in partnership with the Colorado Energy Office (CEO) for weatherization measures, heating and electrical improvements, and water conservation measures Implemented single stream recycling program at all City facilities in 2009 made possible by Keep America Beautiful grant funding Implemented water conservation measures using technology and non-potable water for irrigation at facilities Initiated recycling and diversion efforts for construction/demolition waste and hard to recycle items (i.e., traffic signs, street signs, water meters, fleet supplies etc.) Offers the Energy Efficiency Englewood grant program to help low - and moderate-income homeowners update their homes to be more energy efficient Participates in regional, state, and federal environmental safety measures to meet air quality and emissions standards Partnered with Xcel Energy to upgrade the Civic Center to evaporative cooling Keep Englewood Beautiful (KEB) A volunteer citizen board dedicated to promoting community participation and environmentally responsible behavior through partnerships Offers cleanup coupons, household hazardous waste and electronics drop-off events, paint recycling, and other resources for residents throughout the year Arapahoe County With grant funding provided by the Colorado Energy Office, provides household weatherization for low-income residents in Englewood and the rest of the county Englewood School District Englewood Campus (middle school and high school) meets LEED certification Page 55 of 110 ENGLEWOOD ENERGY ACTION PLAN 13 o Lighting occupancy sensors, timers, and shutoffs o Building automation and demand control ventilation Swedish Medical Center Transitioned to LED lighting and net metering in all facilities Upgraded to chillers and chiller systems Local Outreach and Communication Channels Engaging the community is critical to reaching Energy Action Plan goals. Below are some of the ways that residents and businesses currently receive information about existing programs, events, and initiatives in Englewood. These and other communication channels will be helpful during implementation efforts. Local Outreach Channels Publications Englewood Citizen Newsletter (http://www.englewoodgov.org/our- community/news-and-events/citizen-newsletter) Englewood City Council Weekly Newsletter New City of Englewood Magazine (will replace newsletter) Other Media City of Englewood website (http://www.englewoodgov.org/home) Arapahoe County website (http://www.co.arapahoe.co.us/) City of Englewood Facebook Page Nextdoor Events Annual Leaf and Tire Drop Off (November) Keep Englewood Beautiful Holiday Lighting event (December) Community Spaces Englewood Civic Center Englewood Recreation Center City Center Englewood Amphitheater Figure 14. City of Englewood Citizen Newsletter Page 56 of 110 ENGLEWOOD ENERGY ACTION PLAN 14 Where Do We Want To Go? Our Energy Vision Englewood’s energy vision statement is an expression of the community’s shared energy intentions. During the first workshop, attendees were asked to complete an exercise to share their energy vision for Englewood. The planning team brainstormed a list of words, graphically displayed below in Figure 15. From these efforts, the planning team developed the following vision to inform the planning and implementation process. Focus Areas Three focus areas were identified as priorities for Englewood around which meaningful goals and action strategies were developed. The rationale behind the focus areas was built on the basis of utility data analytics, potential for energy savings, ease of implementation, and contribution to Englewood’s priorities and values. Focus Area 1: Municipal/ Institutional The City of Englewood recognizes that it has an opportunity and obligation to operate as efficiently as possible, to lead by example, and to share outcomes with the community it serves. In addition, given the combined energy use of municipal facilities and the The City of Englewood will demonstrate forward-thinking and sustainable energy leadership in leveraging collaborative partnerships that achieve an affordable, adaptive, and renewable energy future. Figure 15. Energy Vision Cloud Page 57 of 110 ENGLEWOOD ENERGY ACTION PLAN 15 Wastewater Treatment Plant it jointly operates with Littleton, this focus area accounts for about 8 percent of electricity use (26 million kWh) and 1 percent of natural gas use (84,000 therms), or about 3 to 4 percent of total community energy use. With centralized planning, authority, and commitment, the C ity can have a significant impact. Figure 16 shows a breakout of estimated municipal energy use for the City (the figure is based on an incomplete list of City facilities, but is illustrative to show where the greatest areas of energy use fall). Figure 16. City of Englewood Municipal Energy Use Focus Area 2: Commercial Sector The commercial sector is quite varied in Englewood both in business type and geographic location and also accounts for more than half of total community energy use. To help narrow the commercial scope, the planning team opted to start first with business types for which it has existing channels and relationships through the planning team and previous economic development activity that can be replicated to othe r business types over time. Recognizing the prominence of the medical economy in Englewood and the nature of many medical facilities that operate 24 hours every day, the sector was identified as a high potential target within the larger and more diverse commercial market. The planning team determined that focusing efforts on the needs of a particular business sector/type would benefit the sector itself as well raise awareness of its employee base. Figure 17 displays the different types of establishments included in the medical sector in Englewood.3 3 NAICS Page 58 of 110 ENGLEWOOD ENERGY ACTION PLAN 16 In addition, efforts also may be rolled out to specific corridors of greatest potential based on historical efficiency program participation as well as identified high-potential savings opportunities. The darkest elements in Figures 18 and 19 illustrate the areas with the highest energy savings from program participation. Considering the commercial/industrial sector, the northwest section of Englewood, in particular, has both high energy savings and program participation. This area is generally characterized by general and light industrial businesses. Figure 20 shows areas with the greatest number of program participants. Figure 21 shows areas of active commercial activity in Englewood and where there may be gaps in participation. Medical Establish- ment Types Hospitals Clinics Doctors/ Dentists’ Offices Physical/ Occupational Therapy Offices Rehab Facilities Laboratories/ Testing Facilities Figure 17. Types of Medical Establishments Page 59 of 110 ENGLEWOOD ENERGY ACTION PLAN 17 Figure 19. Historical Commercial/ Industrial Natural Gas Savings across Englewood Figure 18. Historical Commercial/ Industrial Electricity Savings across Englewood Page 60 of 110 ENGLEWOOD ENERGY ACTION PLAN 18 Figure 20. Historical Commercial/ Industrial Program Participants across Englewood Page 61 of 110 ENGLEWOOD ENERGY ACTION PLAN 19 Figure 21. Active Commercial Zones Page 62 of 110 ENGLEWOOD ENERGY ACTION PLAN 20 Focus Area 3: Housing The residential sector accounts for 35 percent of total baseline energy consumption in Englewood, the housing market is older (more than half of homes built before 1970 – refer to Figure 5) and many people who work in Englewood actually live outside of the City. However, the need to reach residential customers is still critical to community energy savings. As with other communities, the challenge to increasing energy savings in the residential market is raising awareness about existing programs and communicating about those programs in a way that overcomes barriers to take advantage of these programs. Education through trusted channels with clear and easy steps for participating were identifi ed by the planning team as key to reaching this important sector. Goals The planning team was rooted in realistic expectations and setting achievable goals for the best chance of success. And, while an overarching goal is important to the community, it was developed on the basis of bottom-up targets for strategies within each focus area with the idea that making progress, sharing good outcomes, and carrying forward momentum are the best approach for longer term community support. One of the primary benefits of the planning process was to examine the potential impacts of various strategies envisioned by the community for each focus area. On the basis of these strategy impacts, the overall energy-related goal for the City of Englewood is to reduce total energy use 1.0 percent annually through 2030. This community reduction goal was developed by assuming continued average historical participation in existing Xcel Energy programs as well as increased participation related to the strategies identified in this plan for each focus area. The focus area annual reduction goals are as follows: Municipal/ Institutional – 3.5 percent of municipal energy use Key Commercial Sectors – 1.5 percent of commercial energy use (not including municipal use) Housing – 0.5 percent of residential energy use Achieving this goal has the potential to reduce Englewood’s annual carbon footprint by 3,093 MTCO2e, approximately equivalent to the carbon emitted from 650 passenger vehicles driven per year.4 Figure 22 shows Englewood’s 2.4 percent annual downward trend in historical total energy consumption (light solid) from 2013 to 2015 compared with projected growth in total energy informed by the city’s 1.8 percent forecasted annual population growth rate (dark solid). When taking the average of these two factors, the result is a relatively flat line business-as-usual (BAU) growth assumption; therefore, a zero growth BAU assumption was made for Englewood’s energy and goals forecasting (shown in Figure 22). 4 Greenhouse Gas Equivalencies Calculator (https://www.epa.gov/energy/greenhouse-gas-equivalencies-calculator). Page 63 of 110 ENGLEWOOD ENERGY ACTION PLAN 21 Figure 22. Englewood's Energy Growth Forecast Based on Historic Total Energy Use and Population Trends Figure 23 illustrates Englewood’s community reduction goal compared to the BAU forecast, as well as Xcel Energy’s statewide annual reduction goals for Colorado over the same period (1.5 percent for electricity and 1.0 percent for natural gas). The BAU line (dark solid) indicates the level of total energy use expected if no actions are taken. The Xcel Energy goal line (dashed-dot) indicates the utility’s own efficiency goals for the state. The Englewood goal line (light dashed) indicates the expected outcomes from the strategies in this plan. As shown in the figure, Englewood’s goal of 1.0 percent total energy reduction per year through 2030 is on track with Xcel Energy’s goals for Colorado. Figure 23. Englewood's Energy Action Plan Goal Page 64 of 110 ENGLEWOOD ENERGY ACTION PLAN 22 How Are We Going To Get There? Strategies are specific actions that Englewood and its partners plan to take to achieve the goals and targets stated in this plan. Englewood’s Energy Action Planning team developed energy strategies by examining energy data, brainstorming, and prioritizing possible actions, considering existing programs and opportunities, and assessing the potential impacts compared to the identified goals. Each strategy identified has its own action plan that identifies a responsible leader and team members, outlines implementation steps and a timeline, identifies partners and resources, and assigns metrics for tracking progress. While Xcel Energy is committed to providing resources to support 18 months of implementation, the full implementation of many of the strategies is dependent upon the level of resources and commitments made by Englewood and its implementation partners . By providing staffing support and/or additional incentives to encourage participation, whether in the form of additional rebates or process efficiencies, many of the strategies could have amplified impacts if they are supported both by Xcel Energy and the City of Englewood. Combined with continued historical participation rates, the strategies detailed on the following pages could provide year one (2017) energy savings of approximately 4.28 million kWh (1.2 percent of total 2015 baseline electricity consumed), and 79,400 therms (0.5 percent of total 2015 baseline natural gas consumed), equating to total energy savings of 22,500 MMBtu. Figure 24 shows the contribution from each focus area to the total energy savings. For comparison, Figures 25 and 26 below show the contributions by focus area for electricity and natural gas, respectively. Figure 24. Total Energy Savings by Focus Area Page 65 of 110 ENGLEWOOD ENERGY ACTION PLAN 23 Figure 25. Electricity Savings by Focus Area Figure 26. Natural Gas Savings by Focus Area Projected first year energy cost savings for Englewood residents and businesses will be nearly $1.3 million. The net cost to implement these strategies (which includes implementation costs incurred by all participating residents and businesses minus utility incentives) is approximately $3.4 million in the first year, with a breakeven point of 2020 assuming ongoing implementation. Moving forward, these savings will continue to increase, especially if the momentum from the first year of implementation of this plan is sustained. These strategies will help Englewood start down the path toward sustainable energy savings, but it should be noted that continuous improvements to energy efficiency and program participation, introduction of additional renewable energy sources, and adoption of other energy strategies over time will be necessary. Municipal/ Institutional The City of Englewood is keen to show leadership in energy efficiency and renewable energy using its own facilities as examples of how to manage utility costs and invest in meaningful ways that save tax-payer dollars while improving building performance. The city has been proactive in identifying opportunities to improve efficiency and take advantage of financial resources through Xcel Energy to make thes e improvements more cost effective. The city wants to continue in its quest for improvement, showcase successes to raise awareness and inspire more broad actions in the community, and raise awareness of city staff to take advantage of additional savings th at will result from behavior change. This staff awareness will have effects beyond city facilities as employees will take what they learn home and out into the community. Strategy 1: City Showcase Description To lead by example, the city will continue to implement efficiency upgrades in its facilities, organize an energy committee, and implement an energy awareness and engagement campaign that highlights progress to date, encourages new energy-saving projects, demonstrates how to get involved in reducing energy use, and shares conservation results with city staff and the community. 2017 Targets Three to four percent annual municipal energy savings in city facilities Formation of a city staff energy committee Page 66 of 110 ENGLEWOOD ENERGY ACTION PLAN 24 Development and delivery of an employee engagement challenge Seven new lighting projects, one Custom Efficiency project, one Process Efficiency project Signage/information at all major city facilities sharing energy conservation tips and savings Implementation Steps 1. Create messaging for staff that encourages willing leaders and good cross-pollination of participants for energy committee (open forum to get members) 2. Convene committee and determine committee objectives 3. Develop framework for building/department challenge (including awards) that runs 2 to 6 months and can be repeated to keep employees engaged over time 4. Develop communications materials for the challenge that align with the Community Action Plan (signage, conservation tips, challenge results dashboard, etc.) 5. Roll out challenge and track results bi-annually; develop bi-annual employee survey to track participation and awareness 6. Implement planned lighting, process, and custom projects across facilities 7. Continue to identify potential projects and optimization opportunities 8. Develop case studies or promotional pieces illustrating high-profile City projects that save energy or produce energy 9. Work in concert with Community Action Plan activities to share promotional pieces and challenge information and results Responsible Parties Mark Woulf, City Energy Committee Organizer Darren Hollingsworth, Englewood Economic Development liaison Dan Long, City Facilities liaison Greg Farmer, Wastewater Treatment Plan liaison Murphy Robinson, City Manager’s Office liaison Alison Carney, City Communications Manager Xcel Energy Partners in Energy team and program staff Timeline January 2017: Solicit and convene a city energy committee First quarter 2017: Develop committee objectives, responsibilities, and plan for sustained participation and recognition First quarter 2017: Identify high-profile examples of city projects that can be shared to inspire further actions Second quarter 2017: Develop first city project case study and share with city staff Second quarter 2017: Build out details of building challenge framework Third quarter 2017: Set a schedule for reporting challenge results, and identify a forum for sharing results to spur competition Third quarter 2017: Roll-out building energy challenge First quarter 2018: Develop a post-challenge employee survey to gauge results Funding City of Englewood Page 67 of 110 ENGLEWOOD ENERGY ACTION PLAN 25 Xcel Energy programs Outreach Channels City of Englewood internal email distribution City of Englewood website City of Englewood magazine (to share city activities with the broader community) Measurement Employee participants in challenge Employee survey results City of Englewood utility data Xcel Energy program participation data Commercial Sector Commercial activity in Englewood accounted for 65 percent of total energy use in 2015, with 72 percent of electricity use and 60 percent of natural gas use. Looking beyond municipal operations, there is significant opportunity for improved efficiency in the commercial sector through targeted channels and strategies to raise awareness. Rather than trying to tackle all the variability of commercial customers, which could dilute efforts and outcomes, the planning team determined that focusing on a few distinct commercial sectors with the greatest opportunity for savings was the best approach and then broadening this effort in subsequent years. Englewood’s planning team identified a number of important sectors and areas for commercial activity that would benefit from increased attention and resources for energy efficiency. For example, the team identified medical establishments (22 percent of the local employment base – see Figure 17) as a key component of the local economy and a priority sector for education, awareness, and increased energy efficiency efforts. This target sector is a good place to begin given bonus Xcel Energy incentives available for lighting projects through December 2017. In addition, the team identified two commercial geographic areas of priority that are indicated in the map shown in Figure 21– South Broadway Commercial Corridor and South Santa Fe Light Industrial Area. In order to reach these businesses, the team plans to leverage existing Xcel Energy programs and develop a business program to inform and recognize efficiency efforts in the business community. These efforts are estimated to produce 1.5 percent commercial energy reduction on an annual basis. Strategy 2: Lighting Leading the Way Description To support Englewood’s commercial sector with efficiency opportunities and encouragement that will specifically help medical businesses save money and improve their bottom lines, the city and its partners will reach out to decision makers in the medical industry (including property management companies) with education about Xcel Energy’s bonus lighting rebates for medical facilities through December 2017 as an introduction to other programs. 2017 Targets Page 68 of 110 ENGLEWOOD ENERGY ACTION PLAN 26 Key customer engagement, including property management companies that own many medical facilities (start with lighting and keep engaged for other opportunities) Ten Lighting Efficiency projects Twenty-five Small Business Lighting projects Implementation Steps 1. Work with Xcel Energy to determine details of building ownership to inform outreach to key medical businesses and property owners 2. Identify key accounts and facilities contacts 3. Coordinate with Xcel Energy lighting program staff to develop targeted materials, outreach, and strategy for medical corridors 4. Identify trusted channels for outreach in the medical field (Colorado Medical Society, Colorado Hospital Association 5. Identify liaisons within Building Owners and Managers Association (BOMA) to help deliver messaging 6. Reach out to property managers in Englewood (Landlord-Tenant Energy Partnership) 7. Work with Xcel Energy to reach out to trades/contractors in Englewood to make them aware of the bonus rebates 8. Continue to leverage communication channels for projects beyond lighting and keep businesses engaged through sustainable business program (see next strategy) Responsible Parties Darren Hollingsworth, Englewood Economic Development liaison Sean Dressel, Swedish Medical Center liaison Building Owners and Managers Association liaison CBRE Property Manager for medical office buildings liaison Xcel Energy Partners in Energy team Xcel Energy Lighting Efficiency and Small Business Lighting program staff Xcel Energy liaison to CBRE Xcel Energy trade channel liaison Timeline January 2017: Solicit strategy team members and convene group First quarter 2017: Identify and refine potential key customer list (business and building owners) and collaborate with Xcel Energy key accounts representatives for direct outreach Second quarter 2017: Work with Xcel Energy Lighting Efficiency program staff to develop return on investment messaging for key medical facilities (targeting local as well as corporate decision makers) and property management companies Second-third quarter 2017: Conduct audits and initiate projects Fourth quarter 2017: Measure participation and identify next wave of efficiency messaging for the sector Funding Medical facilities Xcel Energy rebates Page 69 of 110 ENGLEWOOD ENERGY ACTION PLAN 27 Outreach Channels Direct contact with key accounts Key associations Xcel Energy contractor network Measurement Xcel Energy program participation data Developed case studies While the medical sector is a priority, there are other key commercial sectors that influence Englewood’s energy consumption and could benefit from increased awareness and optimized operations. To address this broader business audience, the city envisions developing a sustainable business recognition forum to educate, support, and recognize high-performing and engaged businesses in the community and promote energy efficiency. Strategy 3: Sustainable Business Forum Description Develop a sustainable business program that educates, supports, and recognizes businesses that work to improve their efficiency by joining them together as an identifiable peer group within the community. The program will include a framework that raises awareness, encourages action, and offers tangible and intangible benefits from participating, both for existing and new businesses. 2017 Targets An ongoing sustainable business program where businesses can report projects and progress and be rewarded with public recognition, rebate dollars, and increased public support A city channel of efficiency and rebate information for developers involved in new construction Increased participation in commercial rebate programs. Example programs and representative participation rates to help Englewood achieve its energy targets could include the following (above historic average participation): o Commercial Refrigeration: 3 o Compressed Air Efficiency: 3 o Cooling Efficiency: 10 o Custom Efficiency: 3 o Heating Efficiency: 6 o Small Business Lighting: 34 o Lighting Efficiency: 12 o New Construction: 1 o Recommissioning: 1 o Motor & Drive Efficiency: 6 o Business Energy Analysis: 2 Implementation Steps 1. Identify strategy team members and convene team Page 70 of 110 ENGLEWOOD ENERGY ACTION PLAN 28 2. Identify business sectors or geographic areas in which to begin that either are high -visibility corridors or are underserved by other offerings 3. Work with Chamber of Commerce to develop the program framework o Forum ownership (city or Chamber of Commerce) o Eligibility requirements for businesses/institutions o Annual application and review process and schedule/cycle o Levels of performance (for continued engagement) o Benefits (public recognition; branded window clings, stickers, and logos for websites and marketing materials; hosting opportunities; educational workshops, etc.) o Menu of potential eligible projects and activities o Web page for members (instructions for participation, application, recognition of businesses, opportunities for learning and other resources) 4. Develop work flow and outreach with city Communications and Community Action Plan strategies 5. Engage with the school district as it begins to design and develop the five new schools that were funded by the recent bond approval (design with efficiency in mind, leverage Xcel Energy New Construction resources, be part of the business program) 6. Build a Developer’s Packet (also available online like Business Resource Guide) to be given to developers at city Development Review Team meetings that offers Xcel Energy new construction programs, information about the potential for renewable energy, other resources, and the benefits and process to become part of the sustainable business program 7. Collaborate with the city Building Department to incorporate the Developer’s Packet in its processes 8. Research businesses and develop an initial outreach list, including facilities managers, for first- year applicants 9. Research channels/organizations to recruit participants and work with Xcel Energy and the city to determine if additional incentives could be added for sector participants 10. Develop survey for program participants to gauge interest and increased awareness in programs Responsible Parties Darren Hollingsworth, Englewood Economic Development liaison Randy Penn, Greater Englewood Chamber of Commerce Mark Woulf, City of Englewood liaison Englewood Building Department liaison Xcel Energy Partners in Energy team Xcel Energy key accounts representatives Timeline January 2017: Identify strategy team and convene First quarter 2017: Identify pilot sectors and develop list of potential businesses Frist quarter 2017: Engage the school district to ensure efficient design and use of Xcel Energy New Construction and Design Assistance resources Second quarter 2017: Work with Chamber of Commerce team member to design program framework, outreach approach, selection criteria and process, and recognition mechanisms for business program Page 71 of 110 ENGLEWOOD ENERGY ACTION PLAN 29 Third quarter 2017: Build Developer’s Packet and coordinate with City Building Department to present during Development Review Team meetings Third quarter 2017: Begin outreach for applications Fourth quarter 2017: Review applications and identify eligible businesses First quarter 2018: Recognize businesses (ongoing on web page and in City channels) First quarter 2018: Develop and deliver business survey on attitudes and value of program Ongoing: program maintenance and annual updates to Developer’s Packet Funding City Economic Development: staff time for research and outreach Chamber of Commerce Xcel Energy Partners in Energy staff support Outreach Channels Greater Englewood Chamber of Commerce Englewood Alliance for Commerce Colorado Advanced Manufacturing Alliance Colorado Association for Manufacturing and Technology Measurement Number of business program applicants and awards Xcel Energy program participation data Business participant survey results Housing The housing stock in Englewood is largely single-family homes that are older and likely in need of efficiency upgrades. The planning team identified education and awareness as keys to this market, with an eye toward consolidating information about available programs and resources and engaging accessible channels to sharing these resources. In addition, the vity intends to collaborate where possible with Littleton, an adjacent Partners in Energy community, on education and outreach efforts. Strategy 4: Residential Awareness Description Build awareness of Xcel Energy and other programs for residential customers by crafting a targeted, multi-pronged outreach campaign that includes connecting with residents through City channels and at community events and providing tailored information for children in Englewood’s schools. 2017 Targets Annual energy savings of 0.5 percent of residential energy use Increased new participation in Xcel Energy programs by 25 percent above historical average participation Increased Xcel Energy Home Energy Squad participation to 220 homes (above historic average participation) Page 72 of 110 ENGLEWOOD ENERGY ACTION PLAN 30 Integrated key messages from this Energy Action Plan into CSU Extension’s School Education Program Distribution of Xcel Energy School Kits to 180 students (3 elementary schools) Increased participation in Arapahoe County Weatherization program by 40 homes in Englewood (20 percent increase over 2016, pending Arapahoe County resource availability) Integrated outreach to residential customers at community events with a target of 2,000 contacts and LED bulbs distributed Implementation Steps 1. Convene strategy team and define outreach tactics 2. Coordinate with City of Littleton awareness efforts and events, including a joint energy workshop series beginning in December 2016 3. Develop appropriate and targeted rebate program information for key opportunities: workshops, in-person events, media outlets, school forums 4. Promote and leverage popularity of Englewood Cubed (Energy Efficiency Englewood) to get homeowners involved in audits and other efficiency activities using the existing waiting list and research possibility of expanding the program for greater impact 5. Develop success case study of Englewood Cubed past participant(s) to encourage community - wide participation in available programs 6. Coordinate with Arapahoe County Extension efforts to deliver “Energy in the Classroom” curriculum and identify participating teachers and schools for Xcel Energy School Kits (kits make their way home to support residential efficiency improvements) 7. Organize calendar of events and determine staffing needs 8. Coordinate with Xcel Energy to support event advertisement and staffing 9. Develop channel pieces for distribution (City, schools, local events) 10. Coordinate with Community Action Plan activities and channels to spread the word to residents (magazine, news release, in-person events) Responsible Parties Tim Aston, CSU Extension, team lead Nancy Fenton, City of Englewood liaison Xcel Energy Partners in Energy team and program vendors (Home Energy Squad) Jeremy Lott, Keep Englewood Beautiful liaison Steve Elliott, Arapahoe County Weatherization Division Manager, County liaison Ariel Ramos, Englewood School District liaison Timeline December 2016: Convene strategy team and collaborate on workshop series with Littleton January 2017: Develop Energy Action Plan press release in coordination with City First quarter 2017: Coordinate resources and develop materials First quarter 2017: Establish work plan and targets for City communications efforts (magazine, web site, etc.) Second quarter 2017: Identify sponsor at each elementary school for education program in coordination with current Arapahoe County Extension activities Throughout 2017: Attend local events with materials Third quarter 2017: Roll out school education program Page 73 of 110 ENGLEWOOD ENERGY ACTION PLAN 31 Third quarter 2017: Develop a solar (community garden and rooftop) outreach campaign in collaboration with City of Littleton Fourth quarter 2017- first quarter 2018: Roll out solar outreach campaign Funding Residences: Improvement costs Event Materials: City of Englewood, Xcel Energy, Arapahoe County Extension Outreach Channels City of Englewood website City of Englewood magazine School district classrooms, newsletter(s), and events City of Englewood events calendar Arapahoe County social media sites and bulletins Metrics Xcel Energy program participation data Number of workshop participants Number of students engaged Number of contacts made at events How Are We Going to Stay On Course? Operational Actions and Tracking The planning team will continue to meet every 6 months through the spring of 2018 to share progress, make course adjustments, and offer recognition and support. In addition, each strategy will have sub-teams that will meet regularly to flesh out the details of implementation and carry through on identified actions. A representative from each of the strategy teams will be present at the 6-month planning team meetings to share progress, successes, and challenges. In between meetings, the planning team may stay up-to-date on implementation efforts using a shared site for resources, messaging, polling, and a group calendar. Xcel Energy will provide a tracking mechanism into which progress from each strategy team will be maintained on a regular basis. This tracking will also include Xcel Energy results related to DSM program participation, which will be provided bi-annually. Communication and Reporting Because the City of Englewood considers this effort to be highly visible and important in its mission to the community, the Energy Action Plan will be included in a new communications strategy currently being STRATEGIES IMPLEMENTATION MEASUREMENT & REPORTING Figure 27. Implementation Process Page 74 of 110 ENGLEWOOD ENERGY ACTION PLAN 32 developed for the City that will update City branding, channels, and messaging. It is anticipated that updates, progress, and successes will be shared via the City website, social media outlets, periodic press releases, and the new City magazine. Changing Course: Corrective Action Even though this Energy Action Plan is designed for greatest impact over the next 18 months, the residual effect and momentum gained by showcasing efficiency, raising awareness, and leveraging resources will be cyclical and will have long-term positive implications. In addition, the nature of implementation requires staging, flexibility, and course adjustments when necessary to be successful and experience sustained progress. To accommodate the fluid nature of action and implementation and learn from experience early in the process, the regularly scheduled strategy team meetings as well as the planning team meetings will be a forum for agreeing on course adjustments or new approaches necessary to hit plan targets. Any adjustments will be documented and shared with the broader group and community as they occur. The continued support and insight of the planning team is crucial for this plan’s success. Individual members will be involved in advising and supporting individual strategies as well as engaging those beyond the planning team to get strategies off the ground (see Figure 27 for team leadership). Their level of effort will include 6-month planning team meetings and participation on strategy teams for which they have volunteered. If a planning team member is not able to commit to continued participation, he or she will appoint an alternate to fill the role. City of Englewood Planning Team Murphy Robinson Municipal/Institutional Team Mark Woulf Commercial Team Darren Hollingsworth Housing Team Tim Aston Partners in Energy Team Xcel Energy & Brendle Group VISION/POLICY & GOALS Figure 28. Implementation LeadersVISION/ POLICY & GOALS Figure 29. Implementation Leaders Page 75 of 110 ENGLEWOOD ENERGY ACTION PLAN 33 Recognition for Achieving Goals Each of the strategies outlined in this plan has its own methods for measuring and recognizing success; however, it will be important to let the wider community know how things are progressing and also to recognize the collaborative efforts of those involved in hitting the plan targets. At critical milestones, the City of Englewood and Xcel Energy will publish updates on progress, share successes, and congratulate participants and partners through the City’s website. Beyond the Plan Horizon Englewood may want to consider an update to this Energy Action Plan once the Partners in Energy implementation period draws to a close to set new goals for subsequent years. One option would be to include future energy goals in any future updates to the City’s Comprehensive Master Plan, Area Plans, and/or Economic Development Strategy. This recursive planning approach incorporates all the lessons learned, new technologies, new programs, changing resources, and evolving priorities for the community. Appendix: Implementation Memorandum of Understanding To be added. Page 76 of 110 ORDINANCE NO. BY AUTHORITY COUNCIL BILL NO. 3 SERIES OF 2017 INTRODUCED BY COUNCIL MEMBER BILL FOR AN ORDINANCE AUTHORIZING A MEMORANDUM OF UNDERSTANDING FOR THE PARTNERS IN ENERGY PROGRAM BETWEEN XCEL ENERGY AND THE CITY OF ENGLEWOOD. WHEREAS, in 2015 the Englewood City Council approved the acceptance of the City of Englewood into the Partners in Energy Program, an Xcel Energy community collaboration; and WHEREAS, after entering into the Partners in Energy Program in 2015, Xcel in partnership with the Brendle Group, facilitated 5 community planning workshops to develop a draft Energy Action Plan for the City; and WHEREAS, the result of the five community meetings was a draft plan that seeks to reduce energy consumption across the major sectors of our local economy; and WHEREAS, the plan proposes a few working committees to collaborate and facilitate progress in Englewood with a goal of reducing energy consumption in residential, commercial, and municipal properties by 1% annually through 2030, reducing the energy cost burden of Englewood residents and businesses; and WHEREAS, the MOU outlines how the City of Englewood and Xcel Energy will continue together to support and implement the Energy Action Plan from February 20, 2017 until July 31, 2018; WHEREAS, the passage of the proposed ordinance authorizes entering into a Memorandum of Understanding (MOU) to recognize the achievement of the City of Englewood in developing and implementing a city-wide Energy Action Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The Xcel Energy Partners in Energy Memorandum of Understanding Implementation Phase, attached hereto as Exhibit A, is hereby accepted and approved by the Englewood City Council. Section 2. The Mayor is hereby authorized to sign said Partners in Energy Memorandum of Understanding Implementation Phase for and on behalf of the City of Englewood. Introduced, read in full, and passed on first reading on the 6th day of February, 2017. Page 77 of 110 Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 9th day of February, 2017. Published as a Bill for an Ordinance on the City’s official website beginning on the 8th day of February, 2017 for thirty (30) days. Tabled on second reading on February 21, 2017 due to changes to the Memorandum of Understanding. Introduced, read in full, and passed on first reading on the 6th day of March, 2017. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 9th day of March, 2017. Published as a Bill for an Ordinance on the City’s official website beginning on the 8th day of March, 2017 for thirty (30) days. Joe Jefferson, Mayor ATTEST: Stephanie Carlile, Acting City Clerk I, Stephanie Carlile Acting, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Bill for Ordinance introduced, read in full, and passed on first reading on the 6th day of March, 2017. Stephanie Carlile Page 78 of 110 2 Page 79 of 110 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Stephanie Carlile DEPARTMENT: City Clerk's Office DATE: March 6, 2017 SUBJECT: Amendment of Title 5, Chapter 3 Retail Marijuana DESCRIPTION: Amendment of Title 5, Chapter 3 Retail Marijuana RECOMMENDATION: Staff recommends passage of the Ordinance. Pursuant to Article IV, Section 46, if a majority of the electors voting thereon shall vote in favor thereof, the same shall thereupon, without further publication, become an Ordinance of the City immediately. PREVIOUS COUNCIL ACTION: On August 10, 2016, an initiative Petition was filed with the Englewood City Clerk's office to allow for the sale of retail marijuana; and pursuant to the Englewood Home Rule Charter, the Petition was submitted to the voters, who passed the initiative at the General Election held on November 8, 2016. FINANCIAL IMPLICATIONS: Licensing and application fees paid to the City. Sales tax paid to the City. ALTERNATIVES: No other alternatives have been identified. ATTACHMENTS: Ordinance Title 5 Retail Marijuana Page 80 of 110 1 BY AUTHORITY ORDINANCE NO. ____ COUNCIL BILL NO. 9 SERIES OF 2017 INTRODUCED BY COUNCIL MEMBER MARTINEZ AN ORDINANCE AMENDING TITLE 5, CHAPTER 3, WITH THE ADDITION OF A NEW SECTION E, ENTITLED RETAIL MARIJUANA; AND TITLE 2, CHAPTER 6, PERTAINING TO THE LOCAL LIQUOR AND MEDICAL MARIJUANA LICENSING AUTHORITY; AND AMENDING TITLE 7, CHAPTER 6D, SECTION 12, SUBSECTION 2, (B) AND (C) (1) (a) RECREATIONAL MARIJUANA OF THE ENGLEWOOD MUNICIPAL CODE 2000. WHEREAS, on August 10, 2016 an Initiative Petition was filed with the Englewood City Clerks Office; and WHEREAS, the Englewood Home Rule Charter, Article VI, Section 46, provides that City Council shall submit same to a vote at the next General Election; and WHEREAS, On November 8, 2016, the electors passed the proposed Ballot Question, with the election results being certified on November 22, 2016 by Arapahoe County. 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 hereby approves amending Title 5, Chapter 3, of the Englewood Municipal Code 2000, by adding a new Section E, entitled Retail Marijuana, , which shall read as follows: 5-3E: RETAIL MARIJUANA. 5-3E-1: Purpose. A. The Englewood City Council hereby declares that this Chapter shall be deemed an exercise of the police powers of the City for the protection of the economic and social welfare and the health, peace, and morals of the people of The City. B. The City further declares that it is unlawful to cultivate, manufacture, distribute, or sell Retail Marijuana, except in compliance with the terms, conditions, limitations, and restrictions set forth in this Chapter and Section 16 of Article XVIII of the State Constitution and Article 43.4 of Title 12, C.R.S., the Colorado Retail Marijuana Code. Page 81 of 110 2 5-3E-2: Powers and Duties of the Local Licensing Authority. A. The Local Licensing Authority shall grant or refuse local Licenses for the distribution and sale of Retail Marijuana as provided by law; suspend, fine, restrict, or revoke such Licenses upon a violation of this Chapter or a rule promulgated pursuant to this Chapter; and may impose any penalty authorized by the Chapter or any rule promulgated pursuant to this Chapter, the Local Licensing Authority may take action with respect to a License pursuant to this Title, and in accordance with the procedures established pursuant to this Chapter and in Title 5. B. The Local Licensing Authority shall promulgate such rules and make such special rulings and findings as necessary for the proper regulation and control of the distribution and sale of Retail Marijuana and for the enforcement of this Chapter. C. The Local Licensing Authority hereby adopts the minimum licensing requirements of Article 43.4 of Title 12 C.R.S. to apply to the issuance of a Retail Marijuana Store License. D. On and after January 1, 2017, the Local Licensing Authority shall begin receiving and processing applications under this Chapter. The Local Licensing Authority is authorized to administratively approve any License application under this Chapter so long as the conditions set forth in the Chapter are met and the applicant has paid the operating fee and any other fees required by this Chapter. E. Prior to January 1, 2019, the Local Licensing authority may receive and process applications for a Retail Marijuana Store pursuant to Section 5-3E-4 of this Chapter only if the applicant is a Medical Marijuana Center duly licensed as of June 1, 2016 under 5- 3D-1 et. seq. of the Englewood Municipal Code 2000. 5-3E-3: Definitions. Any word or term used that is defined in any of the following provisions shall have the same meaning that is ascribed to such word or term as used in the following provisions: Article XVIII, Section 16(2) of the Colorado Constitution; the Colorado Retail Marijuana Code, C.R.S. §12-43.4-101, et seq.; Article XVIII, Section 14(1)(b-j) of the Colorado Constitution; or the Colorado Medical Marijuana Code, C.R.S. §12-43.3.101, et seq.. Colorado Medical Marijuana Code: Article 43.3 of Title 12 of the Colorado Revised Statutes, as amended, and any regulations promulgated thereto. Colorado Retail Marijuana Code: Article 43.4 of Title 12 of the Colorado Revised Statues, as amended, and any regulations promulgated thereto. Direct Measurement: A straight line from the nearest property line of the school or campus to the nearest portion of the building used for retail marijuana. Good Cause: For purposes of refusing or denying a License renewal, reinstatement, or initial License issuance means: 1. The Licensee or applicant has violated, does not meet, or has failed to comply with any of the terms, conditions, or provisions of Article 43.4 of Title Page 82 of 110 3 12 C.R.S., and rules promulgated pursuant to the CRMC, or any supplemental local law, rules, or regulations; 2. The Licensee or applicant has failed to comply with any special terms or conditions that were placed on its License pursuant to an order of the State of Local Licensing Authority; 3. The Licensed Premises have been operated in a manner that adversely affects the public health, welfare or the safety of the immediate neighborhood in which the establishment is located. Evidence to support such a finding may include: a. A continuing pattern of offenses against the public peace, as defined in Title 7 of this Code. b. A continuing pattern of criminal conduct under state or local law directly related to or arising from the Licensed Premise. License: A license or registration granted pursuant to this Chapter. Licensed Premises: The premises specified in an application for a License under this Chapter, which are owned or in possession of the Licensee and within which the Licensee is authorized to distribute, or sell Retail Marijuana in accordance with the provisions of the Colorado Retail Marijuana Code. Licensee: A person licensed or registered pursuant to the Colorado Retail Marijuana Code and this Chapter. Local Licensing Authority: The Englewood Local Liquor and Marijuana Licensing Authority. Local Licensing Official: The Director of Finance and Administrative Services or designee. Location: A particular parcel of land that may be identified by an address or other descriptive means. Multi-Tenant Building: A building that is or can be occupied by more than one tenant. Person: A natural person, partnership, association, company, corporation, limited liability company, or organization, or a manager, agent, owner, director, servant, officer, or employee thereof. Premises: A distinct and definite location, which may include a building, a part of a building, a room, or any other definite contiguous area. School: A public or private preschool or a public or private elementary, middle, junior high, or high school, college or principal campus of a college. State Licensing Authority. The Authority created for the purpose of regulating and controlling the licensing of the cultivation, manufacture, distribution, and sale of Medical and Retail Marijuana in the State, pursuant to Articles 43.3 and 43.4 of Title 12 C.R.S. Page 83 of 110 4 5-3E-4: Applications – Licenses. A. Eligibility for License. A Medical Marijuana Center who is duly licensed under Chapter 3D of the Code and the Colorado Medical Marijuana Code as of June 1, 2016 shall be permitted to convert to a Retail Marijuana Store or co-locate a Retail Marijuana Store with its Medical Marijuana Center by complying with the requirements of Title 5, Chapter 3D of the Englewood Municipal Code for a renewal of a marijuana license and by submitting an application as provided in Subsection 5-3E-4(C). B. An applicant for a Retail Marijuana Store License under this Section 5-3E-4 may either: 1) surrender its existing Medical Marijuana Center License upon receipt of a Retail Marijuana Store License, thereby entirely converting an existing Medical Marijuana Center to a Retail Marijuana Store; or 2) retain its existing Medical Marijuana Center License while co-locating a Retail Marijuana Store at the same location as permitted by 12-43.3-104 of the Colorado Retail Marijuana Code. C. Application Forms. An application for a License shall be filed with the Local Licensing Authority on forms provided by the State and Local Licensing Authority. The application shall contain such information as the State and Local Licensing Authority may require. Each application shall be verified by the oath or affirmation of the persons prescribed by the State and Local Licensing Authority. Upon receipt of notice from the State Licensing Authority of the application for a license under 12-43.4-301 of the Colorado Retail Marijuana Code, the Local Licensing Authority shall determine whether the applicant qualifies for a License under this Chapter 5- 3E. The Local Licensing Authority shall notify the State and the Applicant in writing of its determination as to whether the applicant qualifies for a License as a Retail Marijuana Store no later than forty-five (45) days from the date the application was originally received by the Local Licensing Authority. D. Other Requirements. An applicant shall file, at the time of application for a License, plans and specifications for the interior of the building. 5-3E-5: Denial of Application. A. The Local Licensing Authority shall deny a Local License if the premises on which the applicant proposes to conduct its business do not meet the requirements of this Title or for Good Cause. B. If the Local Licensing Authority denies a Local License, the Applicant shall be entitled to a hearing pursuant to this Title. The Local Licensing Authority shall provide written notice of the grounds for denial of the Local License to the applicant. C. If an application is denied, the Licensing Authority shall set forth in writing the grounds for denial. 5-3E-6: Persons Prohibited as Licensees. The Local Licensing Authority hereby adopts the provisions and restrictions set forth in 12-43.4-306 of the Colorado Retail Marijuana Code. Page 84 of 110 5 5-3E-7: Restrictions for Applications for Retail Marijuana Store Licenses. A. The Local Licensing Authority shall not receive or act upon an application for the issuance of a State or Local License pursuant to this Title: 1. Until it is established that the applicant is, or will be entitled to possession of the premises for which application is made under a lease, rental agreement, or other arrangement for possession of the premises or by virtue of ownership of the premises; 2. Where the location is an area where the Sale of Retail Marijuana as contemplated is not permitted under the applicable zoning laws; a. If the building in which Retail Marijuana is to be sold is located within: (i) two thousand (2,000) feet of a School, an alcohol or drug treatment facility, or a licensed child care facility, (ii) within two thousand five hundred (2,500) feet of a licensed Retail Marijuana Store or Medical Marijuana Business existing at the time of application; or (iii) within one hundred (100) feet of any residential dwelling unit in the City. The provisions of this Section shall not apply to a Retail Marijuana converted from or co-located with a Medical Marijuana Center under common ownership as permitted under Section 5-3E-4, or to any facility that has been previously licensed as a Medical Marijuana Business under the Code. The provisions of this Section shall not affect the renewal or re— issuance of a License once granted or apply to Licensed Premises located or to be located on land owned by a municipality; nor shall the provisions of this Section apply to existing Licensed Premises on land owned by the State, or apply to a License in effect and actively doing business before said principal campus was constructed. b. In addition to the requirements of C.R.S. §12-43.4-301, the Local Licensing Authority shall consider the evidence and make a specific finding of fact as to whether the building in which the Retail Marijuana is to be sold is located within any distance restrictions established by, or pursuant to, this Paragraph 2. c. The distances referred to in this Title are to be computed by direct measurement from the nearest property line of the land used for a School, licensed childcare facility, residential dwelling unit, or existing Retail Marijuana Store or Medical Marijuana Business to the nearest portion of the Retail Marijuana Store, using a route of direct pedestrian access. d. The City Council may at its discretion decrease, but not increase, the distances referred to in 5-3E-7(A)(2)(a). 5-3E-8: Transfer of Ownership. A. A state or Local License granted under the provisions of this Title shall not be transferable except as provided in this Section, but this Section shall not prevent a change of location as provided in C.R.S. §12-43.4-309. Page 85 of 110 6 B. For a transfer of ownership, a License Holder shall apply to the State and Local Licensing Authorities on forms prepared and furnished by the State Licensing Authority. In determining whether to permit a Transfer of Ownership, the Local Licensing Authority shall consider only the requirements of this Title, any rules promulgated by the State or Local Licensing Authority, and any other local restrictions. 5-3E-9: Review and Approval of License. The Local Licensing Authority adopts the provisions and restrictions set forth in C.R.S. §12-43.4-309 and Title 5, Chapter 1 of the Code. 5-3E-10: Licensing Renewal. A. A License shall apply for the renewal of an existing License to the Local Licensing Authority not less than forty-five (45) days prior to the date of expiration. A Local Licensing Authority shall not accept an application for renewal of a License after the date of expiration, except as provided in Subsection (B) of this Section. The State Licensing Authority may extend the expiration date of the License and accept a Late Application for Renewal of a License provided that the applicant has filed a timely renewal application with the Local Licensing Authority. All renewals filed with the Local Licensing Authority and subsequently approved by the Local Licensing Authority shall next be processed by the State Licensing Authority. The Local Licensing Authority, in its discretion, subject to the requirements of this Title and based upon reasonable grounds, may waive the forty-five (45) day time requirement set forth in this Title. The Local Licensing Authority may hold a hearing on the application for renewal only if: the Licensee has had written, verifiable complaints filed against it by the State or Local Licensing Authority; and has a history of violations as evidenced by a written determination by the State or Local Licensing Authority; or there are formal allegations against the Licensee that would constitute Good Cause. The Local Licensing Authority shall not hold a renewal hearing provided for by this Title for a Retail Marijuana Store until it has posted a notice on the Licensed Retail Marijuana Store premises in the manner described in C.R.S. §12-43.4-302 for a period not less than ten (10) days and provide notice to the Applicant at least ten (10) days prior to the hearing. The Local Licensing Authority may refuse to renew any License for good cause only after a hearing, subject to Judicial Review. B. 1. Notwithstanding the provisions of subsection (A) of this Section, a Licensee whose License had been expired for not more than ninety (90) days may file a late renewal application upon the payment of a nonrefundable late application fee of five hundred dollars ($500.00) to the Local Licensing Authority. A Licensee who files a late renewal application and pays the requisite fees may continue to operate until both the State and Local Licensing Authorities have taken final action to approve or deny the Licensee’s Late Renewal Application. 2. The Local Licensing Authority will not accept a Late Renewal Application more than ninety (90) days after the expiration of a License. If a former Licensee files a renewal application after ninety (90) days from date of expiration, the application will be treated as a new license application. A Page 86 of 110 7 former Licensee whose License has been expired for more than ninety (90) days shall not cultivate, manufacture, distribute, or sell any Retail Marijuana until all required Licenses have been obtained. 3. Notwithstanding the amount specified for the Late Application Fee, the State and Local Licensing Authority by rule or as otherwise provided by law may, in its discretion, reduce the amount of the fee. 5-3E-11: Inactive Licenses. The State or Local Licensing Authority, in its discretion, may revoke or elect not to renew any License if it determines that the Licensed Premises have been inactive, without Good Cause, for at least one (1) year. 5-3E-12: Fees. Every Retail Marijuana Store shall pay an operating fee at the time of its initial application for a license and a renewal fee at the time of each application for License renewal. This fee is imposed to offset the cost of administering this License. The initial application fee and renewal fee shall be determined by the City Council and set by Resolution, but in no event shall either fee exceed one thousand dollars ($1,000.00). 5-3E-13: Hours of Operation. A Retail Marijuana Store may engage in the sale of marijuana or marijuana products between the hours of 8:00 a.m. and 8:00 p.m. daily; provided, however, that the City Council may at its discretion extend, but not further limit, such hours of operation. 5-3E-14: Disciplinary Actions: Suspension – Revocation – Fines. A. In addition to any other sanctions prescribed by the State Licensing Authority, the Local Licensing Authority has the power, on its own motion or on complaint, after investigation and opportunity for a public hearing at which the Licensee shall be afforded an opportunity to be heard; to suspend or revoke a License issued by the Local Licensing Authority for a violation by the Licensee or by any of the agents or employees of the Licensee of the provisions of this Title, or any other terms, conditions, or provisions of the license issued by the State or Local Licensing Authority. The Local Licensing Authority has the power to administer oaths and issue subpoenas to require the presence of persons and the production of papers, books, and records necessary to the determination of a Hearing. B. The Local Licensing Authority shall provide notice of suspension, revocation, fine, or other sanction, as well as the required Notice of the Hearing pursuant to this Title, by mailing the same in writing to the Licensee at the address contained in the License. A suspension shall not be for a longer period than six (6) months. If a License is suspended or revoked, a portion of the fees paid therefore shall not be returned to the Licensee. C. 1. The Local Licensing Authority may, in its sole discretion, issue a fine in lieu of, or in addition to, a suspension. When determining whether to impose a fine in lieu of a suspension, the Local Licensing Authority make findings that: Page 87 of 110 8 a. The public welfare and morals would not be impaired by permitting the Licensee to operate during the period set for suspension and that the payment of the fine will achieve the desired disciplinary purposes; b. The books and records of the Licensee are kept in such a manner that the loss of sales that the Licensee would have suffered had a suspension gone into effect can be determined with reasonable accuracy; and c. The Licensee has not had his or her License suspended or revoked, nor had any suspension stayed by payment of a fine, during the two (2) years immediately preceding the date of the Motion or Complaint that resulted in a final decision to suspend the License. 2. The fine accepted shall be: (a) not less than five hundred dollars ($500.00) nor more than five thousand dollars ($5,000.00) for license infractions of a minor nature that do not directly impact the public health, safety, or welfare which shall include but are not limited to failure to display badges, unauthorized minor modifications of premises of a minor nature, minor clerical errors in inventory tracking procedures; and (b) not less than one thousand dollars ($1,000.00) nor more than thirty thousand dollars ($30,000.00) for violations that have an immediate impact on the public health, safety, or welfare, including, but not limited to, a violation of C.R.S. §12-43.4 – 901(4)(e). 3. Payment of a fine shall be in the form of cash or in the form of a certified check or cashier’s check made payable to the Local Licensing Authority, whichever is appropriate. D. Upon payment of the fine, the local Licensing Authority shall enter its further order permanently staying the imposition of the suspension. If the fine is paid to a Local Licensing Authority, the governing body of the Authority shall cause the moneys to be paid into the General fund of the local Licensing Authority. E. If the Local Licensing Authority does not make the findings required in this Section and does not order the suspension shall go into effect on the operative date finally set by the Local Licensing Authority. F. Each Local Licensing Authority shall report all actions taken to impose fines, suspensions, and revocations to the State Licensing Authority in a manner required by the State Licensing Authority. 5-3E-15: Inspection of Books and Records – Inspection Procedures. A. Each Licensee shall keep a complete set of all records necessary to show fully the business transactions of the Licensee, all of which shall be open at all times during business hours for the inspection and examination by the Local Licensing Authority or its duly authorized representatives. The Local Licensing Authority may require any Licensee to furnish such information as it considers necessary for the proper administration of this Title and my require an audit to be made of the books of account and records on such occasions as it may consider necessary by an auditor to be selected by the Local Licensing Authority who shall likewise have Page 88 of 110 9 access to all books and records of the Licensee, and the expense thereof shall be paid by the Licensee. B. The Licensed Premises, including any places of storage where Retail Marijuana is stored, sold or dispensed shall be subject to inspection by the Local Licensing Authorities and their investigators, during all business hours and other times of apparent activity, for the purpose of inspection or investigation. For examination of any inventory or books and records required to be kept by the Licensees, access shall be required during business hours. Where any part of the Licensed Premises consists of a locked area, upon demand to the Licensee, such area shall be made available for inspection without delay, and, upon request by authorized representatives of the State or Local Licensing Authority, the Licensee shall open the area for inspection. C. Each Licensee shall retain all books and records necessary to show fully the business transactions of the Licensee for a period of the current tax year and the three (3) immediately prior tax years. Section 2. The City Council of the City of Englewood hereby approves amending Title 2, Chapter 6, of the Englewood Municipal Code 2000, entitled Local Liquor and Medical Marijuana Licensing Authority, which shall read as follows: 2-6: Local Liquor, and Medical Marijuana, and Retail Marijuana Licensing Authority. 2-6-1: Licensing Authority Established. A. There is hereby established a Local Licensing Authority, which shall have and is vested with the authority to grant or refuse licenses for the sale at retail of malt, vinous or spirituous liquors and fermented malt beverages, as provided by law, to suspend or revoke such licenses for cause in the manner provided by law. Such authority shall have all the powers of the Local Licensing Authority as set forth in Articles 46, 47 and 48 of Title 12, C.R.S. 1973. See Title 5, Chapter 3, Article A of this Municipal Code for the organization, powers, functions and duties of the local Licensing Authority. B. There is hereby established a Local Licensing Authority to issue only the following Medical and Retail Marijuana Licenses upon payment of a fee and compliance with all Local Licensing requirements to be determined by the Local Licensing Authority as set forth in Article 43.3 and 43.4 of Title 12 C.R.S.: 1. A Medical Marijuana Center License; 2. A Medical Marijuana Optional Premises Cultivation Operation License; 3. A Medical Marijuana-Infused Products Manufacturer License. 4. A Retail Marijuana Store License. Page 89 of 110 10 Section 3. The City Council of the City of Englewood hereby approves the amending Title 7, Chapter 6D, Section 12 Subsection 2, (B) and (C) (1) (a) off the Englewood Municipal Code 2000 entitled Recreational Marijuana, which shall read as follows: 7-6D-12-2: - Recreational Marijuana. A. Purpose and Intent. The purpose of this subsection is to prohibit certain business uses related to Recreational Marijuana in the City. The City Council makes the following findings regarding its intent: 1. Pursuant to the provisions of Article XX, Section 6, of the Colorado Constitution, and as further authorized by State Statutes, including, but not limited to C.R.S. § 31-15-401, the City has broad authority to exercise its police powers to promote and protect the health, safety, and welfare of the community and its residents. These police powers include the power to regulate the nature and type of businesses allowed within such community. 2. Article XVIII, Section 16 of the Colorado Constitution specifically authorizes a municipality to "enact ordinances or regulations...governing the time, place, manner and number of recreational marijuana establishment operations." 3. Article XVIII, Section 16 of the Colorado Constitution specifically authorizes a municipality to prohibit the operation of recreational marijuana establishments: recreational marijuana cultivation facilities, recreational marijuana product manufacturing facilities, recreational marijuana testing facilities and recreational retail marijuana stores. B. Definitions. Recreational Marihuana or Marijuana: Shall mean all parts of the plant of the genus cannabis whether growing or not, the seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or its resin, including marijuana concentrate. "Marijuana" or "Marihuana" does not include industrial hemp, nor does it include fiber produced from the stalks, oil, or cake made from the seeds of the plant, sterilized seed of the plant which is incapable of germination, or the weight of any other ingredient combined with marihuana to prepare topical or oral administrations, food, drink or other product. Recreational Marijuana does not include Medical Marijuana as defined in Article XVIII, Section 14, of the Colorado Constitution, under the Colorado Medical Marijuana Code, 12-43.3-101 et seq. C.R.S., and Title 5, Section 3D, of the Englewood Municipal Code; and Recreational Marijuana Cultivation Facility: Shall mean and include any real property used for or upon which there is any type of structure or any such facility that includes or is associated with cultivating, preparing, or packaging Recreational Marijuana. Recreational Marijuana Establishment: Shall mean and include a Recreational Marijuana Cultivation Facility, a Recreational Marijuana Testing Facility, or a Recreational Marijuana Product Manufacturing Facility. or a Recreational Retail Marijuana Store. Page 90 of 110 11 Recreational Marijuana Product Manufacturing Facility: Shall mean and include any real property used for or upon which there is any type of structure, or any such facility that includes or is associated with manufacturing, preparing, or packaging Recreational Marijuana. Recreational Marijuana Testing Facility: Shall mean and include any real property used for or upon which there is any type of structure, or any such facility that includes or is associated with analyzing and certifying the safety and potency of medical Recreational Marijuana. Recreational Marijuana Products: Shall mean concentrated Recreational Marijuana products that are comprised of Recreational Marijuana and other ingredients and are intended for use or consumption, such as, but not limited to, edible products, ointments, and tinctures. Recreational Retail Marijuana Store: Shall mean and include any real property used for or upon which there is any type of structure, or any such facility that includes or is associated with the sale of Recreational Marijuana to consumers. C. Prohibition: 1. Recreational Marijuana Establishments are prohibited. a. This prohibition shall not apply to Medical Marijuana Centers, Medical Marijuana Primary Care-Givers, Medical Marijuana Infused Product Manufacturers, Medical Marijuana Optional Premises Cultivation Operations that are licensed in accordance with Article XVIII, Section 14, of the Colorado Constitution, the Colorado Medical Marijuana Code, and Title 5-3D EMC, or Retail Marijuana Stores. Section 4. 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. Section 5. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or it application to other persons or circumstances. Section 6. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 7. Effect of repeal or modification. The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of Page 91 of 110 12 sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. Section 8. Penalty. The Penalty Provision of Section 1-4-1 EMC shall apply to each and every violation of this Ordinance. Introduced, read in full, and passed on first reading on the 21st day of February, 2017. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 23rd day of February, 2017. Published as a Bill for an Ordinance on the City’s official website beginning on the 22nd day of February, 2017 for thirty (30) days. Read by Title and passed on final reading on the 6th day of March, 2017. Published by Title in the City’s official newspaper as Ordinance No. , Series 2017, on the 9th day of March, 2017. Published by Title on the City’s official website beginning on the 8th day of March, 2017 for thirty (30) days. This Ordinance shall take effect thirty (30) days after publication following final passage. Joe Jefferson, Mayor ATTEST: Stephanie Carlile, Acting City Clerk I, Stephanie Carlile, Acting City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by Title as Ordinance No. , Series of 2017. Stephanie Carlile Page 92 of 110 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Tom Brennan DEPARTMENT: Utilities DATE: March 6, 2017 SUBJECT: EMRF Real Estate Broker Representation DESCRIPTION: EMRF Real Estate Broker Representation RECOMMENDATION: The EMRF Board recommends that City Council approve a resolution of support of a listing contract with NavPoint Real Estate Group to market the remaining available parcels on behalf of the EMRF Foundation. PREVIOUS COUNCIL ACTION: Ordinance 41, Series of 1999, established the creation of the Englewood Reservoir Foundation EMRF, a non-profit corporation, charged with overseeing the development of property, to enhance and diversify the City's long-term revenues and to protect the water supply in and around McLellan Reservoir. SUMMARY: Since inception of the EMRF, EMRF has entered into long-term leases of five parcels of McLellan property for the benefit of the City of Englewood. In September of 2016 the current board members presented to City Council a propo sal to retain a commercial real estate broker to represent the interests of the City in active marketing the remaining available parcels. The EMRF Board advertised a Request For Proposal in December of 2016 and received eight proposals. Upon completion of evaluating and interviewing the respondents the board selected NavPoint Real Estate Group to retain their services to market and negotiate lease terms on the remaining available parcels. ANALYSIS: The compensation to the brokerage firm is as follows: NavPoint Real Estate Group will charge a 3% fee on the total net lease consideration for years 1-5 and 1.5% years 6-10 for the lease term for a direct deal, and 5% for years 1 -5 and 3% for years 6-10 with a cooperating broker involved. For active transaction of which there are currently three Letters of Intent, the commissions shall be reduced to 85% of the total commissions due to the Listing Agent. Page 93 of 110 The following is an example of what the financial specifics would be of a lease. Terms: 6 acre parcel at $8.00/square foot with a rate of return on 4.5% and a 2% annual increase. The total income received over 20 lease term would be $3,972,678.00 generating an average annually income of $198,633.90. Total cost of broker fees would be $39,583.00 without a co-op broker or $70,668.00 with a co-op broker. FINANCIAL IMPLICATIONS: The listing contract has no initial financial impact. However, future leases resulting from the proposed listing contract will bring significant revenues. ATTACHMENTS: NavPoint Listing Agreement Exhibit A EMRF Broker Proposals Fee Summaries Resolution Page 94 of 110 n P O I n I-_NavPoint Real Estate Group Ian Elfner “E”“TA”°'*°”"l=n;720.376.6805 Fax:720-240-0762 \D(1)\IG\U1J>uJI\Jv—- he printed portions of this form,except differentiated additions,have been approved by the Colorado 10 Real Estate Commission.(LC57-8-13)(Mandatory 1—1¢D_ THIS IS A BINDING CONTRACT.THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE 14 PARTIES SHOULD CONSULT LEGAL AND TAX OR OTHER COUNSEL BEFORE SIGNING. 15 Compensation charged by brokerage firms is not set by law.Such charges are established by each real is estate brokerage firm. 20 DIFFERENT BROKERAGE RELATIONSHIPSARE AVAILABLE WHICH INCLUDE LANDLORD AGENCY, 2 1 TENANT AGENCY,SELLER AGENCY,BUYER AGENCY OR TRANSACTION-BROKERAGE. 24 EXCLUSIVE RIGHT-T0-LEASELISTING CONTRACT 25 E LANDLORD AGENCY TRANSACTION-BROKERAGE 2 9 Date:1/20/201 7 31 1.AGREEMENT.Landlord and Brokerage Firm enter into this exclusive,irrevocable contract (Landlord Listing Contract)and agree to its provisions.Broker,on behalf of Brokerage Firm,agrees to provide brokerage 34 services to Landlord.Landlord agrees to pay Brokerage Firm as set forth in this Landlord Listing Contract. 2.BROKER AND BROKERAGE FIRM. 37 E 2.1.Multiple-Person Firm.If this box is checked,the individual designated by Brokerage Firm to serve as 39 the broker of Landlord and to perform the services for Landlord required by this Landlord Listing Contract is 40 called Broker.If more than one individual is so designated,then references in this Landlord Listing Contract to 41 Broker include all persons so designated,including substitute or additional brokers.The brokerage relationship exists only with Broker and does not extend to the employing broker,Brokerage Firm or to any other brokers 44 employed or engaged by Brokerage Firm who are not so designated. 45 2.2.One-Person Firm.If this box is checked,Broker is a real estate brokerage firm with only one licensed natural person.References in this Landlord Listing Contract to Broker or Brokerage Firm mean both the 48 licensed natural person and brokerage firm who serve as the broker of Landlord and perform the services for 49 Landlord required by this Landlord Listing Contract. 52 3.DEFINED TERMS. 53 3.1.Landlord:Englewood McLeIIan Reservoir Foundation 56 3.2.Brokerage Firm:NavPoint Real Estate Group 59 3.3.Broker:Ian Elfner,Matt Call,Heather Taylor 3.4.Premises:The Premises is the following legally described real estate in the County 53 of Douglas,Colorado: 54 LOT 1 HIGHLANDSRANCH 155 2.702 AM/L and LOT 3 HIGHLANDS RANCH 153 4.898 AM/L 66 and LOT 1A HIGHLANDSRANCH 153 2ND AMD 6.179 AM/L and LOT4 HIGHLANDSRANCH 67 157 10.20 AM/L and LOT 3 HIGHLANDSRANCH 157 4.61 AM/L 53 See Attached Exhibit A LC57-8-13.EXCLUSIVE RIGHT-TO-LEASELISTING CONTRACT Page 1 of 9 2/9/2017 8:57:36 AM Landlord Initials Page 95 of 110 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 LC57-8-I3. known as No.Lucent &C-470,Highlands Ranch,CO 80129,together with the interests,easements, rights,benefits,improvements and attached fixtures appurtenant thereto,and all interest of owner of the Premises (Owner)in vacated streets and alleys adjacent thereto,if applicable,except as herein excluded. 3.5.Lease;Sale. 3.5.1.Lease of the Premises or Lease means any agreement between the Landlord and a tenant to create a tenancy or leasehold interest in the Premises. 3.5.2.If this box is checked,Landlord represents to Broker that Landlord has the right and authority from Owner,authorizes Broker to negotiate the sale of the Premises.Sale of the Premises or Sale means the voluntary transfer or exchange of any interest in the Premises or the voluntary creation of the obligation to convey any interest in the Premises,including a contract or lease.it also includes an agreement to transfer any ownership interest in an entity which owns the Premises. 3.6.Listing Period.The Listing Period of this Landlord Listing Contract begins on 2/22/2017,and continues through the earlier of (1)completion of the Lease of the Premises or (2)11/22/2017,and any written extensions (Listing Period).Broker must continue to assist in the completion of any Lease or Sale for which compensation is payable to Brokerage Firm under §7 of this Landlord Listing Contract. 3.7.Applicability of Terms.A check or similar mark in a box means that such provision is applicable.The abbreviation “N/A”or the word “Deleted”means not applicable.The abbreviation “MEC"(mutual execution of this contract)means the date upon which both parties have signed this Landlord Listing Contract.For purposes of this agreement,Landlord includes sublandlord and tenant includes subtenant. 3.8.Day;Computation of Period of Days,Deadline. 3.8.1.Day.As used in this Landlord Listing Contract,the tenn “day"means the entire day ending at 11:59 p.m.,United States Mountain Time (Standard or Daylight Savings as applicable). 3.8.2.Computation of Period of Days,Deadline.In computing a period of days,when the ending date is not specified,the ?rst day is excluded and the last day is included,e.g.,three days after MEC.If any deadline falls on a Saturday,Sunday or federal or Colorado state holiday (Holiday),such deadline Ewill Will Not be extended to the next day that is not a Saturday,Sunday or Holiday.Should neither box be checked,the deadline will not be extended. 4.BROKERAGE RELATIONSHIP. 4.1.If the Landlord Agency box at the top of page 1 is checked,Broker represents Landlord as Land|ord’s limited agent (Landlord's Agent).If the Transaction-Brokerage box at the top of page 1 is checked, Broker acts as a Transaction-Broker. 4.2.In-Company Transaction -Different Brokers.When Landlord and tenant in a transaction are working with different brokers,those brokers continue to conduct themselves consistent with the brokerage relationships they have established.Landlord acknowledges that Brokerage Firm is allowed to offer and pay compensation to brokers within Brokerage Firm working with a tenant. 4.3.In-Company Transaction —One Broker.If Landlord and tenant are both working with the same broker,Broker must function as: 4.3.1.Landlord's Agent.if the Landlord Agency box at the top of page 1 is checked,the parties agree the following applies: 4.3.1.1.Landlord Agency Only.Unless the box in §4.3.1.2 (Landlord Agency Unless Brokerage Relationship with Both)is checked,Broker represents Landlord as Landlord’s Agent and must treat the tenant as a customer.A customer is a party to a transaction with whom Broker has no brokerage relationslg.Broker must disclose to such customer Broker's relationship with Landlord. 4.3.1.2.Landlord Agency Unless Brokerage Relationship with Both.if this box is checked, Broker represents Landlord as Landlord's Agent and must treat the tenant as a customer,unless Broker currently has or enters into an agency or Transaction-Brokerage relationship with the tenant,in which case Broker must act as a Transaction-Broker. 4.3.2.Transaction-Broker.if the Transaction-Brokerage box at the top of page 1 is checked,or in the event neither box is checked,Broker must work with Landlord as a Transaction-Broker.A Transaction- Broker must perform the duties described in §5 and facilitate lease transactions without being an advocate or agent for either party.If Landlord and tenant are working with the same broker,Broker must continue to function as a Transaction-Broker. EXCLUSIVE RIGHT-TO—LEASELISTING CONTRACT Page 2 of 9 2/9/2017 8:57:36 AM Landlord Initials Page 96 of 110 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 LC57—8-I 3. 5.BROKERAGE DUTIES.Brokerage Firm,acting through Broker,as eithera Transaction—Brokerora Landlord’s Agent,must perform the following Uniform Duties when working with Landlord: 5.1.Broker must exercise reasonable skill and care for Landlord,including,but not limited to the following: 5.1.1.Performing the terms of any written or oral agreement with Landlord; 5.1.2.Presenting all offers to and from Landlord in a timely manner regardless of whether the Premises is subject to a lease or letter of intent to lease; 5.1.3.Disclosing to Landlord adverse material facts actually known by Broker; 5.1.4.Advising Landlord regarding the transaction and advising Landlord to obtain expert advice as to material matters about which Broker knows but the specifics of which are beyond the expertise of Broker; 5.1.5.Accounting in a timely manner for all money and property received;and 5.1.6.Keeping Landlord fully informed regarding the transaction. Broker must not disclose the following information without the informed consent of Landlord: 5.2.1.That Landlord is willing to accept less than the asking lease rate for the Premises; 5.2.2.What the motivating factors are for Landlord to lease the Premises; 5.2.3.That Landlord will agree to Lease terms other than those offered; 5.2.4.Any material information about Landlord unless disclosure is required by law or failure to disclose such information would constitute fraud or dishonest dealing;or 5.2.5.Any facts or suspicions regarding circumstances that could psychologically impact or stigmatize the Premises. 5.3.Landlord consents to Broker's disclosure of Landlord's con?dential information to the supervising broker or designee for the purpose of proper supervision,provided such supervising broker or designee does not further disclose such information without consent of Landlord,or use such information to the detriment of Landlord. 5.4.Brokerage Firm may have agreements with other landlords to market and lease their premises. Broker may show alternative premises not owned by Landlord to other prospective tenants and list competing premises for lease. 5.5.Broker is not obligated to seek additional offers to Lease the Premises while the Premises is subject to a lease. 5.6.Broker has no duty to conduct an independent inspection of the Premises for the bene?t of a tenant and has no duty to independently verify the accuracy or completeness of statements made by Landlord or independent inspectors.Broker has no duty to conduct an independent investigation of a tenant's ?nancial condition or to verify the accuracy or completeness of any statement made by a tenant. 5.7.Landlord understands that Landlord is not liable for Broker's acts or omissions that have not been approved,directed,or rati?ed b Landlord. 5.8.When asked,Broker ill Will Not disclose to prospective tenants and cooperating brokers the existence of offers on the Premises and whether the offers were obtained by Broker,a broker within Brokerage Firm or by another broker. 5.2. 6.ADDITIONAL DUTIES OF LANDLORD’SAGENT.If the Landlord Agency box at the top of page 1 is checked,Broker is Land|ord’s Agent,with the following additional duties: 6.1.Promoting the interests of Landlord with the utmost good faith,loyalty and fidelity; 6.2.Seeking lease rates and terms that are set forth in this Landlord Listing Contract;and 6.3.Counseling Landlord as to any material bene?ts or risks of a transaction that are actually known by Broker. 7.COMPENSATION TO BROKERAGE FIRM;COMPENSATION TO COOPERATIVE BROKER.Landlord agrees that any Brokerage Firm compensation that is conditioned upon the Lease of the Premises will be earned by Brokerage Firm as set forth herein without any discount or allowance for any efforts made by Landlord or by any other person in connection with the Lease of the Premises. 7.1.Amount.In consideration of the services to be performed by Broker,Landlord agrees to pay Brokerage Firm as follows:' EXCLUSIVE RIGHT-TO—LEASELISTING CONTRACT Page 3 of 9 2/9/2017 8:57:36 AM Landlord Initials Page 97 of 110 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264- 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 LC57-8-13. 7.1.1.Lease Commission.(1)n/a%of the gross rent under the Lease,or (2)See Additional Provisions,in U.S.dollars. — 7.1.2.Sales Commission.If the box in §3.5.2 is checked,Brokerage Firm will paid a fee equal to (1) n/a%of the gross purchase price or (2)n/a,in U.S.dollars,payable upon delivery of deed. — 7.1.3 Other Compensation. — n/a — 7.2.Cooperative Broker Compensation.Brokerage Firm offers compensation to outside brokerage firms,whose brokers are acting as: E Tenant Agents:TBD %of the gross rent under the Lease or ,in U.S.dollars. E Transaction-Brokers:TBD %of the gross rent under the Lease or,in U.S.dollars. 7.3.When Earned.Such comFis._sionis earned upon the occurrence of any of the following: 7.3.1.Any Lease of the Premises within the Listing Period by Landlord,by Broker or by any other person; 7.3.2.Brokerfinding a tenant who is ready,willing and able to complete the Lease or Sale as specified in this Landlord Listing Contract;or 7.3.3.Any Lease (or Sale if §3.5.2 is checked)of the Premises within 120 calendar days after the Listing Period expires (Holdover Period)(1 )to anyone with whom Broker negotiateTand(2)whose name was submitted,in writing,to Landlord by Broker during the Listing Period (Submitted Prospect).Provided,however, Landlord E?ill Will Not owe the commission to Brokerage Firm under this §7.3.3 it a commission is earned by another licensed real estate brokerage ?rm acting pursuant to an exclusive agreement entered into during the Holdover Period and a Lease or Sale to a Submitted Prospect is consummated.If no box is checked in this §7.3.3,then Landlord does not owe the commission to Brokerage Firm. 7.4.When Applicable and Payable.The commission obligation applies to a Lease made during the Listing Period or any written extension of such original or extended term.The commission described in §7.1.1 is payable upon mutual execution of the Lease or possession,whichever occurs first,or See Additional Provisions,as contemplated by §7.3.1 or §7.3.3,or upon fulfillment of §7.3.2 where either the offer made by such tenant is not accepted by Landlord cg b e fusal or neglect of Landlord to consummate the Lease as agreed upon.Q/‘L 1:1”? 7.5 ExtensionsIRenewalsIE ansion.Br er Will ill Not be paid a fee in the event: Tenant exercises an option to xtend or KRenewunder the lease Tenant expands into additional space within the building or complex where the Premises is located If Brokerage Firm is to be paid a fee for such extension,renewal or expansion,such fee is in the amount of n/a,and is due and payable upon the Exercise by tenant of such right to extend or renew the Lease or u—pcintheexercise by tenant to expand the Premises,Upon the Commencement of any such extended, renewed or expansion term of the Lease,or E. 8.LIMITATIONON THIRD-PARTY COMPENSATION.Neither Broker nor the Brokerage Firm,except as set forth in §7,will accept compensation from any other person or entity in connection with the Premises without the written consent of Landlord.Additionally,neither Broker nor Brokerage Firm is permitted assess or receive mark-ups or other compensation for services performed by any third party or af?liated business entity unless Landlord signs a separate written consent for such services. 9.OTHER BROKERS’ASSISTANCE,MULTIPLELISTING SERVICES AND MARKETING.Landlord has been advised by Broker of the advantages and disadvantages of various marketing methods,including advertising and the use of multiple listing services (MLS)and various methods of making the Premises accessible by other brokerage firms (e.g.,using lock boxes,by-appointment-only showings,etc.),and whether some methods may limit the ability of another broker to show the Premises.After having been so advised, Landlord has chosen the following: 9.1.MLSIlnformation Exchange. 9.1.1.The Premises Ewill will Not be submitted to one or more MLS and Ewill will Not be submitted to one or more property informationexchanges.If submitted,Landlord authorizes Broker to provide timely notice of any status change to such MLS and information exchanges.Upon consummation of a transaction,Landlord authorizes Broker to provide lease infonnation to such MLS and informationexchanges. EXCLUSIVE RIGHT-T0-LEASELISTING CONTRACT Page 4 of9 2/9/2017 8:57:36 AM Landlord Initials Page 98 of 110 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 LC57-8-13. 9.1.2.Landlord authorizes the use of electronic and all other marketing methods except: n/a. ‘$7.3.Landlord further authorizes use of the data by MLS and property information exchanges,if any. 9.1.4.The Premises Address Ewiii Will Not be displayed on the Internet. 9.1.5.The Premises Listing Ewiii Will Not be displayed on the Internet. 9.2.Property Access.Access to the Premises may be by:E Manual Lock Box Electronic Lock Box E Via Appointment with Ian Elfner,Heather Taylor or Matt Call Other instructions:n/a 9.3.Broker Marketing.The following specific marketing tasks will be performed by Broker: Advertise on Xceligent,Loopnet,Co-Star.Broker eblasts.Canvassing.Target marketing as mutually agreed to by Listing Agent and Seller. 10.LANDLORD'S OBLIGATIONS TO BROKER;DISCLOSURESAND CONSENT. 10.1.Negotiations and Communication.Landlord agrees to conduct all negotiations for the Lease of the Premises only through Broker,and to refer to Broker all communications received in any form from real estate brokers,prospective tenants,buyers,or any other source during the Listing Period of this Landlord Listing Contract. 10.2.Advertising.Landlord agrees that any advertising of the Premises by Landlord (e.g.,Internet, print and signage)must first be approved by Broker. 10.3.No Existing Listing Agreement.Landlord represents that Landlord party to any listing agreement with any other broker to Lease the Premises. 10.4.Ownership of Materials and Consent.Landlord represents that all materials (including all photographs,renderings,images or other creative items)supplied to Broker by or on behalf of Landlord are owned by Landlord,except as Landlord has disclosed in writing to Broker.Landlord is authorized to and grants to Broker,Brokerage Firm and any MLS (that Broker submits the Premises to)a nonexclusive irrevocable, royalty-free license to use such material for marketing of the Premises,reporting as required and the publishing,display and reproduction of such material,compilation and data.This license survives the termination of this Landlord Listing Contract. 10.5.Required Information to County Assessor.Landlord consents that Broker may supply certain information to the county assessor if the Premises is residential and is furnished. Is Is Not currently a 11.RENTAL RATE AND TERMS.The following Rental Rate and Terms are acceptable to Landlord: 11.1.Rental Rate.U.S.$As mutually agreed to by Landlord &Tenant _:.j_j.._j._j_ 11.2.Minimum Amount of Security Deposit.U.S.$TBD. 11.3.Other Terms: n/a 12.DEPOSITS.Brokerage Firm is authorized to accept security deposits received by Broker pursuant to a proposed Lease.Brokerage Firm is authorized to deliver the security deposit to the Premises manager,if any, upon the execution of the Lease. 13.INCLUSIONSAND EXCLUSIONS. 13.1.Inclusions. 13.1.1.The Lease includes the following items (Inclusions): n/a The Inclusions will be leased by Landlord to tenant,all in their present condition. 13.1.2.Parking and Storage Facilities.The following parking facilities:n/a,and the following storage facilities:n/a.- 13.2.Exclusi_or_is.The following are excluded (Exclusions): n/a EXCLUSIVE RIGHT-TO-LEASE LISTING CONTRACT Page 5 of 9 2/9/2017 8:57:36 AM Landlord Initials Page 99 of 110 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 400 401 402 403 404 405 406 407 408 409 410 411 412 413 414 415 416 417 418 419 420 LC57-8»l 3. 14.TITLE AND ENCUMBRANCES.Landlord represents to Broker that Landlord has the right and authority to enter into a Lease of the Premises.Landlord must deliver to Broker true copies of all relevant title materials, leases,improvement location certi?cates and surveys in Landlord's possession and must disclose to Broker all easements,liens and other encumbrances,if any,on the Premises,of which Landlord has knowledge. 15.POSSESSION.Possession of the Premises will be delivered to tenant as follows:n/a 16.MATERIALDEFECTS,DISCLOSURESAND INSPECTION. 16.1.Broker’s Obligations.Colorado law requires a broker to disclose to any prospective tenant all adverse material facts actually known by such broker including but not limited to adverse material facts pertaining to the title to the Premises and the physical condition of the Premises,any material defects in the Premises,and any environmental hazards affecting the Premises which are required by law to be disclosed. These types of disclosures may include such matters as structural defects,soil conditions,violations of health, zoning or building laws,and nonconforming uses and zoning variances.Landlord agrees that any tenant may have the Premises and Inclusions inspected and authorizes Broker to disclose any facts actually known by Broker about the Premises. 16.2.Landlord's Obligations. 16.2.1.Landlord’s Premises Disclosure Form.Disclosure of known material latent (not obvious) defects is required by law.Landlord EAgrees Does Not Agree to provide a written disclosure of adverse matters regarding the Premises completed to Landlord’s current,actual knowledge. 16.2.2.Lead-Based Paint.Unless exempt,if the improvements on the Premises include one or more residential dwellings for which a building permit was issued prior to January 1,1978,a completed Lead-Based Paint Disclosure (Rental)form must be signed by Landlord and the real estate licensees,and given to any potential tenant in a timely manner. 16.2.3.Carbon Monoxide Alarms.Note:If the improvements on the Premises have a fuel-?red heater or appliance,a ?replace,or an attached garage and one or more rooms lawfully used for sleeping purposes (Bedroom),Landlord understands that Colorado law requires that Landlord assure the Premises has an operational carbon monoxide alarm installed within fifteen feet of the entrance to each Bedroom or in a location as required by the applicable building code,prior to offering the Premises for lease or sale. 16.2.4.Condition of Premises.The Premises will be delivered in the condition existing as of the date of the lease or sales contract,ordinary wear and tear excepted,unless Landlord,at Landlord's sole option,agrees in writing to any repairs or other work to be performed by Landlord. 17.RIGHT OF PARTIES TO CANCEL. 17.1.Right of Landlord to Cancel.In the event Broker defaults under this Landlord Listing Contract, Landlord has the right to cancel this Landlord Listing Contract,including all rights of Brokerage Firm to any compensation if the Landlord Agency box is checked.Examples of a Broker default include,but are not limited to (1)abandonment of Landlord,(2)failure to ful?ll all material obligations of Broker,and (3)failure to ful?ll all material Uniform Duties (§5)or,if the Landlord Agency box at the top of page 1 is checked,the failure to ful?ll all material Additional Duties Of Landlord's Agent (§6).Any rights of Landlord that accrued priorto cancellation will survive such cancellation. 17.2.Right of Broker to Cancel.Brokerage Firm may cancel this Landlord Listing Contract upon written notice to Landlord that title is not satisfactory to Brokerage Firm.Although Broker has no obligation to investigate or inspect the Premises,and no duty to verify statements made,Brokerage Firm has the right to cancel this Landlord Listing Contract if any of the following are unsatisfactory (1)the physical condition of the Premises or Inclusions,(2)any proposed or existing transportation project,road,street or highway,(3)any other activity,odor or noise (whether on or off the Premises)and its effect or expected effect on the Premises or its occupants,or (4)any facts or suspicions regarding circumstances that could psychologically impact or stigmatize the Premises.Additionally,Brokerage Firm has the right to cancel this Landlord Listing Contract if Landlord or occupant of the Premises fails to reasonably cooperate with Broker or Landlord defaults under this Landlord Listing Contract.Any rights of Brokerage Firm that accrued prior to cancellation will survive such cancellation. EXCLUSIVE RIGHT—T0-LEASELISTING CONTRACT Page 6 of 9 2/9/2017 8:57:36 AM Landlord Initials Page 100 of 110 421 422 423 424 425 426 427 428 429 430 431 432 433 434 435 436 437 438 439 440 441 442 443 444 445 446 447 448 449 450 451 452 453 454 455 456 457 458 459 460 461 462 463 464 465 466 467 468 469 470 471 472 473 474 475 476 477 478 479 480 481 482 483 484 485 486 487 488 489 490 LC57-8-13. 18.COST OF SERVICES AND REIMBURSEMENT.Unless otherwise agreed upon in writing,Brokerage Firm must bear all expenses incurred by Brokerage Firm,if any,to market the Premises and to compensate cooperating brokerage ?rms,if any.Neither Broker nor Brokerage Firm will obtain or order any other products or services unless Landlord agrees in writing to pay for them promptly when due (examples:space planning, drawings,surveys,radon tests,title reports,engineering studies,property inspections).Unless othenlvise agreed,neither Broker nor Brokerage Firm is obligated to advance funds for Landlord.Landlord must reimburse Brokerage Firm for payments made by Brokerage Firm for such products or services authorized by Landlord. 19.DISCLOSURE OF SETTLEMENT COSTS.Landlord acknowledges that costs,quality,and extent of service vary between different settlement service providers (e.g.,attorneys,lenders,inspectors and title companies). 20.MAINTENANCE OF THE PREMISES.Neither Broker nor Brokerage Firm is responsible for maintenance of the Premises nor are they liable for damage of any kind occurring to the Premises,unless such damage is caused by their negligence or intentional misconduct. 21.NONDISCRIMINATION.The parties agree not to discriminate unlawfully against any prospective tenant because of the race,creed,color,sex,sexual orientation,marital status,familial status,physical or mental disability,handicap,religion,national origin or ancestry of such person. 22.RECOMMENDATIONOF LEGAL AND TAX COUNSEL.By signing this document,Landlord acknowledges that Broker has advised that this document has important legal consequences and has recommended consultation with legal and tax or other counsel before signing this Landlord Listing Contract. 23.MEDIATION.If a dispute arises relating to this Landlord Listing Contract,prior to or after possession of the Premises,and is not resolved,the parties must first proceed in good faith to submit the matter to mediation. Mediation is a process in which the parties meet with an impartial person who helps to resolve the dispute informally and con?dentially.Mediators cannot impose binding decisions.The parties to the dispute must agree,in writing,before any settlement is binding.The parties willjointly appoint an acceptable mediator and will share equally in the cost of such mediation.The mediation,unless othenlvise agreed,will terminate in the event the entire dispute is not resolved within 30 calendar days of the date written notice requesting mediation is delivered by one party to the other party's last known address. 24.ATTORNEY FEES.in the event of any arbitration or litigation relating to this Landlord Listing Contract, the arbitrator or court must award to the prevailing party all reasonable costs and expenses,including attorney and legal fees. 25.ADDITIONAL PROVISIONS.(The following additional provisions have not been approved by the Colorado Real Estate Commission.) Section 3.6 continued Following the initial 9 month listing term either party shall have the right to terminate by providing 30 day prior written notice. Section 7.5 Notwithstanding anything to the contrary contained within this section Brokerage Firm shall not be paid for a lease extension or lease renewal. LEASE NavPoint Real Estate Group will charge a 3%fee on the total net lease consideration for years 1-5 and 1.5%years 6-10 for the lease term upon the successful execution ofa lease and waiver of all contingencies as applicable within the lease,OR 5%for 1-5 and 3%for 6-10 with a cooperating broker involved.50%of said fee will be due upon mutual execution of the lease EXCLUSIVE RIGHT-TO-LEASELISTING CONTRACT Page 7 of 9 2/9/2017 8:57:36 AM Landlord Initials Page 101 of 110 491 492 493 494 495 496 497 498 499 S00 501 502 503 504 505 506 507 508 S09 S10 511 512 513 514 515 516 517 S18 519 520 521 522 LC57-8-13. agreement and waiver of all contingencies and 50%will be due upon tenant occupancy and Tenant paying either A)Rent or B)Construction Rent,as required within the lease agreement. -For active transactions as of 1/20/2017 St.Charles Town Company,LLC;John Elway Auto Dealership represented by Legend Partners,and a Hotel represented by DePauI Real Estate Advisers lease commissions shall be reduced to 85%of the total commissions due to the Listing Agent. Brokerage Finn and Landlord agree to utilize the ERMF (Englewood McLellan Reservoir Foundation)Letter of Intent form for any and all Letter of Intent negotiations. It is acknowledged and agreed that the Premises subject to this Listing Contract are available only on a lease basis,and in no event are any of the parcels available for sale. 26.ATTACHMENTS.The following are a part of this Landlord Listing Contract: n/a 27.NO OTHER PARTY OR INTENDEDBENEFICIARIES.Nothing in this Landlord Listing Contract is deemed to inure to the bene?t of any person other than Landlord,Broker and Brokerage Firm. 28.NOTICE,DELIVERYAND CHOICE OF LAW. 28.1.Physical Delivery.All notices must be in writing,except as provided in §28.2.Any document, including a signed document or notice,delivered to the other party to this Landlord Listing Contract,is effective upon physical receipt.Delivery to Landlord is effective when physically received by Landlord,any signator on behalf of Landlord,any named individual of Landlord or representative of Landlord. 28.2.Electronic Delivery.As an alternative to physical delivery,any document,including a signed document or written notice,ma be delivered in electronic form only by the following indicated methods: Facsimile E-mail EInternet.If no box is checked,this §28.2 is not applicable and §28.1 governs notice and delivery.Documents with original signatures will be provided upon request of any party. 28.3.Choice of Law.This Landlord Listing Contract and all disputes arising hereunder are governed by and construed in accordance with the laws of the State of Colorado that would be applicable to Colorado residents who sign a contract in this state for property located in Colorado. 29.MODIFICATIONOF THIS LANDLORD LISTING CONTRACT.No subsequent modi?cation of any of the terms of this Landlord Listing Contract is valid,binding upon the parties,or enforceable unless made in writing and signed by the parties. 30.COUNTERPARTS.This Landlord Listing Contract may be executed by each of the parties,separately, and when so executed by all the parties,such copies taken together are deemed to be a full and complete contract between the parties. 31.ENTIRE AGREEMENT.This agreement constitutes the entire contract between the parties,and any prior agreements,whether oral or written,have been merged and integrated into this Landlord Listing Contract. 32.COPY OF CONTRACT.Landlord acknowledges receipt of a copy of this Landlord Listing Contract signed by Broker,including all attachments. Brokerage Firm authorizes Broker to execute this Landlord Listing Contract on behalf of Brokerage Firm. -I EXCLUSIVE RIGHT-TO-LEASELISTING CONTRACT Page 8 of 9 2/9/2017 8:57:36 AM Landlord Initials Page 102 of 110 Landlord:Englewood McLeIlan Reservoir Foundation By:Tom Brennan Address:1000 Englewood Pkwy Englewood CO 80110 Phone:Fax: Email: Date;1/20/2017 Broker:Ian Elfner Brokerage Firm.s Name‘oint Real Estate Group Address:3740 }oro La Ph:720.376 6805 .720 49-/ Broker:Matt Call Brokerage Firms Name:NavPoint Real Estate Group Address:3740 Dacoro Lane,Suite 200 Castle Rock CO 80109 Ph:720-420-7530 Fax:720-240-0762 Email:matt.caII@1avpointre.com Broker:Heather T Ior Brokerage Firms Name:NavPoint Real Estate Group Address:3740 Dacoro Lane,Suite 200 Castle Rock CO 80109 Ph:720-420-7530 Fax:720.240.0762 Email:heather.tayIor@navpointre.com LC57-8-13 EXCLUSIVE RIGHT-TO-LEASE LISTING CONTRACT CTM econtracts —@2016 CTM Software Corp. LC57-8-13.EXCLUSIVE RIGHT-TO-LEASE LISTING CONTRACT Page 9 of9 2/9/2017 8:57:36 AM Landlord Initials Page 103 of 110 Page 104 of 110 EMRF Broker Proposals :: Fee Schedules Ruschmeyer Corporation 3.5% of Gross Rent of 20 Year Term (5% Co-Op Broker) Paid Annually at 6/18/30 Months after Close Same Terms for Sale $5-20k for Expenses Such as Appraisals Coldwell Banker Commercial/CBC Advisors Retail Lease: 5% of First 10 Years Net Value (6% Co-Op Broker) Ground Lease: 5% First 10 Years Net Value (6% Co-Op Broker) Office Lease: $1.00/sf ($1.50/sf Co-Op Broker) Land Sale: 5% Purchase Price (6% Co-Op Broker) CBRE 4% Gross Lease Amount (6% Co-Op Broker) Same Terms for Sale Tenant Purchase: 1% of Sales Price Within First 10 Years (2% Co-Op Broker). No Fee After Year 20 Navpoint Real Estate Group 3% Net Lease Value Years 1-5 (5% Co-Op Broker). 1.5% Years 6-10 (3% Co-Op Broker) 50% Due at Lease Agreement 50% at Tenant Occupancy Sale Term is 3% (5% Cop-Op Broker) Cresa 6% of Total Net Lease (Assumes Co-Op Broker) Sale Term is 4% (6% Co-Op Broker) DePaul Real Estate Advisors 5% Gross Lease Value (8% Co-Op Broker) Legend Partners 6% Net Lease Value Years 1-15 (Assumes Co-Op Broker). 3% Years 16-20 Sale Term is 6% (Assumes Co-Op Broker?) KW Commercial 4% Total Base Rent for Term (5% Co-Op Broker) Same Terms for Sale $100/Hour for non-contract meetings, coordinating public improvements, etc. BP/EMRF Broker Proposals Fee Summaries Page 105 of 110 RESOLUTION NO. SERIES OF 2017 A RESOLUTION SUPPORTING A LISTING CONTRACT WITH NAVPOINT REAL ESTATE GROUP TO MARKET THE REMAINING AVAILABLE PARCELS ON BEHALF OF THE ENGLEWOOD MCLELLAN RESERVOIR FOUNDATION WHEREAS, Ordinance 41, Series of 1999 established the creation of the Englewood McLellan Reservoir Foundation (EMRF) to oversee the development of property, to enhance and diversify the City’s long-term revenues, and to protect the water supply in and around McLellan Reservoir; and WHEREAS, the Englewood McLellan Reservoir Foundation has entered into long- term leases on five parcels of McLellan property; and WHEREAS, the EMRF Board advertised and received eight Request for Proposals to market the remaining available parcels. Upon completion of evaluating the Proposals and interviewing respondents, the Board selected NavPoint Real Estate Group. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The City Council of the City of Englewood, Colorado hereby supports a listing contract with NavPoint Real Estate Group to market the remaining available parcels on behalf of the Englewood McLellan Reservoir Foundation. ADOPTED AND APPROVED this 6th day of March, 2017. ATTEST: Joe Jefferson, Mayor Stephanie Carlile, Acting City Clerk I, Stephanie Carlile, Acting City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. , Series of 2017. Stephanie Carlile, Acting City Clerk Page 106 of 110 2/16/2017 TENTATIVE STUDY SESSIONS TOPICS FOR ENGLEWOOD CITY COUNCIL February 21 Study Session City Center Englewood and ULI February 21 Regular Meeting (Materials due 31 Jan. 17) February 27 Study Session Expense Reduction Analyst Project Update Slate Communications Update South Broadway Improvements Discussion Discussion on Impact Fee Study and Implementation Budgeting for Community Goals Review PIO Update Council Policy and Procedure Review March 6 Study Session Discussion of Adopting 2015 International Codes Strategic Plan Update March 6 Regular Meeting (Materials due 14 Feb. 17) March 13 Study Session Cancelled due to NLC March 20 Study Session Review and Selection of Citizen of the Year Nominations March 20 Regular Meeting (Materials due 28 Feb. 17) March 27 Study Session Slate Communications Update Englewood Housing Authority Board Update Budget Advisory Committee Update Board and Commission Policy Discussion Follow up on Closure of Englewood Ironworks Urban Renewal Area Budgeting for Community Goals Review PIO Update April 3 Regular Meeting (Materials due 14 Mar. 17) April 10 Study Session Transportation Advisory Committee Board Update Water and Sewer Board Update LEWWTP Bennett Property Sale Proposal Council Policy and Procedures Page 107 of 110 2/16/2017 Budgeting for Community Goals Review April 17 Regular Meeting (Materials due 28 Mar. 17) April 24 Study Session Slate Communications Update Alliance for Commerce in Englewood Board Update Budgeting for Community Goals Review Council Policy and Procedures PIO Update May 1 Regular Meeting (Materials due 11 Apr. 17) May 8 Study Session Code Enforcement Advisory Committee Board Update Council Policy and Procedures Budgeting for Community Goals Review May 15 Regular Meeting (Materials due 25 Apr. 17) May 22 Study Session Slate Communications Update Council Policy and Procedures Budgeting for Community Goals Review PIO Update May 29 Memorial Day – Tues No planned meeting – 5th week Jun 5 Regular Meeting (Materials due 16 May 17) Jun 12 Study Session Cultural Arts Commission Board Update Budgeting for Community Goals Review Jun 19 Regular (Materials due 30 May 17) Jun 26 Study Session Budgeting for Community Goals Review PIO Update Jul 3 Regular (Materials due 13 Jun. 17) Jul 10 Study Session Parks and Recreation Commission Board Update Budgeting for Community Goals Review Jul 17 Regular (Materials due 27 Jun. 17) Jul 24 Study Session Budgeting for Community Goals Review Page 108 of 110 2/16/2017 Jul 31 No planned meeting – 5th Monday Aug 7 Regular Meeting (Materials due 18 Jul. 17) Aug 14 Study Session Budgeting for Community Goals Review Aug 21 Regular Meeting (Materials due 30 Jul. 17) Aug 28 Study Session Budgeting for Community Goals Review Sept 5 Regular Meeting Sept 11 Study Session Budgeting for Community Goals Review Sept 18 Regular Meeting Sept 25 Study Session Budgeting for Community Goals Review Oct 2 Regular Meeting Oct 9 Study Session Budgeting for Community Goals Review Oct 16 Regular Meeting Oct 23 Study Session Budgeting for Community Goals Review Oct 30 No planned meeting – 5th Monday Nov 6 Regular Meeting Nov 13 Study Session Budgeting for Community Goals Review Nov 20 Regular Meeting Nov 27 Study Session Budgeting for Community Goals Review Dec 4 Regular Meeting Dec 11 Study Session Budgeting for Community Goals Review Page 109 of 110 2/16/2017 Dec 18 Regular Meeting Christmas Holidays FUTURE STUDY SESSION TOPICS Joint Meeting with Englewood School District Board & Commission Presentations Discharge Permit for LEWWTP CHFA Presentation Joint Meeting with Littleton and Englewood on Bi City plant (non-meeting night event) Boards and Commissions Board and Commission Interviews (January and June) Alliance for Commerce in Englewood Committee Board of Adjustment and Appeals Budget Advisory Committee Code Enforcement Advisory Board (May) Cultural Arts Commission Election Commission Englewood Housing Authority (February) Keep Englewood Beautiful Commission (May) Liquor Licensing Authority Fire Pension, Police Pension and Retirement Board Parks and Recreation Commission Planning and Zoning Commission (February) Public Library Board (June) Transportation Advisory Committee Urban Renewal Authority Water and Sewer Board Page 110 of 110