HomeMy WebLinkAbout2022-11-07 (Regular) Meeting Agenda Packet
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1000 Englewood Pkwy - Council Chambers
Englewood, CO 80110
AGENDA
City Council Regular Meeting
Monday, November 7, 2022 ♦ 6:00 PM
Council Dinner will be available at 5:30 p.m.
To view the meeting, please follow this link to our YouTube live stream link:
https://www.youtube.com/watch?v=7iaNxm8-558
1. Study Session Topic
a. Director of Finance Jackie Loh will be present to review the Monthly Financial Report.
6:00pm to 6:15pm
Information
Presentation: 10 minutes
Discussion: 5 minutes
1a
b. Director of Community Development Brad Power and Planning Manager Bryan Isham
will be present to give an update on CodeNext technical provision within Title 16.
6:15pm to 7:05pm
Information and Direction
Presentation: 20 minutes
Discussion: 30 minutes
1b
2. Call to Order
3. Pledge of Allegiance
4. Roll Call
5. Consideration of Minutes of Previous Session
a. Minutes of the Regular City Council Meeting of October 17, 2022.
5a
6. Appointments, Communications, Proclamations, and Recognition
a. Recognition of Code Enforcement for National Awards.
7. Recognition of Scheduled Public Comment
The deadline to sign up to speak for Scheduled Public Comment is Wednesday by 5 p.m.,
prior to the meeting, through the City Clerk’s Office. This is an opportunity for the public to
address City Council. There is an expectation that the presentation will be conducted in a
respectful manner. Council may ask questions for clarification, but there will not be any
dialogue. Please limit your presentation to five minutes. Written materials for presentation to
Council may be submitted to the City Clerk.
Page 1 of 330
Englewood City Council Regular Agenda
November 7, 2022
Please note: If you have a disability and need auxiliary aids or services, please notify the City of Englewood
(303-762-2405) at least 48 hours in advance of when services are needed.
a. Marcia McGilley will address Council regarding IGA (economic development
partnership) with the Aurora-South Metro Small Business Development Center.
7a
b. Kelly McCloskey will address Council regarding Englewood Police, Victims Advocate.
c. PJ Kolnik will address Council regarding Code Next.
8. Recognition of Unscheduled Public Comment
If you would like to sign-up to speak virtually for public comment at the upcoming City
Council meeting on Monday, November 7th, please visit
https://englewoodco.zoom.us/webinar/register/WN_yaokSK_tTmm8YozhhfOLIg
to register or plan to attend the meeting in person at 1000 Englewood Pkwy, Englewood
CO 80110, Second Floor Council Chambers.
If registering to speak virtually, you will receive a unique and personalized invitation by email
to join the meeting. Every speaker who wants to register should sign-up with their own email
address. If you do not have an email address or if you have any questions regarding this
process, please reach out to the City Clerk's Office at CityClerk@englewoodco.gov or call 303-
762-2430.
Citizens may also submit written public comments to the City Clerk's Office at
CityClerk@englewoodco.gov until 12 p.m. Tuesday, November 8th.
This is an opportunity for the public to address City Council. There is an expectation that the
presentation will be conducted in a respectful manner. Council may ask questions for
clarification, but there will not be any dialogue. Please limit your presentation to 3 minutes.
Council Response to Public Comment.
9. Consent Agenda Items
a. Approval of Ordinances on First Reading
i. CB 68 - Repealing the Shoplifting and Price Switching Ordinances from
Offenses Code
9ai
Staff recommends City Council approve a Bill for an Ordinance Repeal of
Shoplifting and Price Switching Ordinances from Offenses Code. Staff:
Assistant City Attorney Sergio Renteria, City Attorney Tamara Niles
ii. CB 71 - Approval of 3-year IGA with the Aurora-South Metro Small Business
Development Center
9aii
Staff recommends City Council approve a Bill for an Ordinance for a 3-year
Intergovernmental Agreement (IGA) with the Aurora-South Metro Small
Business Development Center. Staff: Economic Development Manager
Darren Hollingsworth, Community Development Director Bard Power, and
Page 2 of 330
Englewood City Council Regular Agenda
November 7, 2022
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.
Executive Director of the Aurora-South Small Business Development
Center Marcia McGilley
b. Approval of Ordinances on Second Reading.
i. CB 62 - Amending the Englewood Municipal Code regarding Definition of
Pawnbroker
9bi
Staff recommends City Council approve an Ordinance amending Englewood
Municipal Code 5-15-1 regarding the definition of pawnbroker. Staff: City
Attorney Tamara Niles
ii. CB 65 - Amending the Englewood Municipal Code regarding Trees and
Shrubs.
9bii
Staff recommends City Council approve an Ordinance amending Title 11
Chapter 5 of Englewood Municipal Code regarding Trees and Shrubs. Staff:
City Attorney Tamara Niles
iii. CB 66 - IGA for Pedestrian Improvements at the Malley Senior Recreation
Center.
9biii
Staff recommends City Council approve an Ordinance to enter an
Intergovernmental Agreement with DRCOG in order to receive grant funds for
making sidewalk and crosswalk improvements near the Malley Senior
Recreation Center. Staff: Deputy Director of Public Works - Tim Hoos
c. Resolutions and Motions
i. Resolution adopting the Economic Development Strategic Plan
9ci
Staff recommends City Council approve a Resolution adopting the Economic
Development Strategic Plan. Staff: Economic Development Manager
Darren Hollingsworth and representatives from consultant team
10. Public Hearing Items
11. Ordinances, Resolutions and Motions
a. Approval of Ordinances on First Reading
i. CB 39 - Amending Englewood Municipal Code regarding animal impoundment.
11ai
Staff recommends City Council approve a Bill for an Ordinance Amending Title
7, Chapter 1A, Sections 7-1A-5, 7-1A-9 and 7-1A-16 Of Englewood Municipal
Code Regarding Animal Impoundment. Staff: City Attorney Tamara Niles
ii. CB 67 - Amending Englewood Municipal Code to Increase the Waste Transfer
Surcharge from $.50 per cubic yard to $.63 per cubic yard
11aii
Page 3 of 330
Englewood City Council Regular Agenda
November 7, 2022
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.
Staff recommends City Council approve a Bill for an Ordinance to increase the
Waste Transfer Surcharge from $.50 per cubic yard to $.63 per cubic yard
effective January 1, 2023. Staff: Finance Director Jackie Loh
iii. CB 69 - Amending Englewood Municipal Code establishing standard
provisions for City contracts
11aiii
Staff recommends City Council approve a Bill for an Ordinance creating
Englewood Municipal Code establishing standard provisions for City contracts.
Staff: City Attorney Tamara Niles
b. Approval of Ordinances on Second Reading
c. Resolutions and Motions
i. 2023 Fees and Rates Schedule
11ci
Staff recommends City Council approve a Resolution for 2023 Fees and Rates
Schedule. Staff: Director of Finance Jackie Loh
12. General Discussion
a. Mayor's Choice
i. Executive Session for personnel matters under C.R.S. Section 24-6-
402(4)(f)(1) regarding review of the City Manager and City Attorney salaries.
b. Council Members' Choice
13. City Manager’s Report
14. Adjournment
Page 4 of 330
STUDY SESSION
TO: Mayor and Council
FROM: Jackie Loh
DEPARTMENT: Finance
DATE: November 7, 2022
SUBJECT: September 2022 Monthly Financial Report
DESCRIPTION:
Finance Director Jackie Loh to review with City Council the September 2022 Financial Report
RECOMMENDATION:
Director of Finance, Jackie C. Loh, will review the 2022 September Financial Report.
PREVIOUS COUNCIL ACTION:
Staff provides financial updates to City Council each month. During the Study Session
discussion, the Director of Finance will review the 2022 September General Fund financials by
revenues and expenditures. Sales & Use Tax by areas are also included in the Appendix of the
attached presentation.
SUMMARY:
Through September 2022, the City of Englewood's General Fund operating receipts total
$46,933,000 this amount is 82.8% of budgeted revenues, or $4,733,000 higher than the same
period in 2021. Total operating revenue YTD is tracking 11.2% higher than the same period in
2021. Operating expenditures YTD are $42,091,000 or 70.9% of the budgeted expenditures.
The total operating expenditures YTD are $2,757,000, or 7.0%, higher than those in 2021.
Per Council request, one-time revenue and expenditures for 2022 and 2021 have been
removed from the operating slides as noted.
ANALYSIS:
Revenue highlights are below:
• Through September 2022, the city has received $8,763,000 in property taxes. Of that
total, $5,189,000 went to the General Fund, $385,000 to the EDDA, and the rest to debt
service for the Parks and Recreation and Police Building General Obligation (GO)
bonds.
• Sales & Use Tax remittances total $29,226,000 and are 82.9% of fiscal budgeted
revenue; Sales & Use Tax received is $3,674,000 higher than the same time last year.
Additionally, the Sales & Use Tax audits and voluntary disclosure collections amount to
$209,000.
• Marijuana Sales Tax accounts for $1,209,000 of the total Sales & Use Tax revenue YTD
and is ($256,000) lower than 2021.
Page 5 of 330
• Cigarette Tax was overpaid in 2021; therefore, the 2022 allocation from the state will be
withheld until the difference is reconciled.
• Licenses and Permits revenue is $786,000 higher in 2022 due to one large building
permit that was issued in 2022. The revenue budget was increase $1,200,000 by
budget supplemental #2. This revenue will offset additional review costs.
• Charges for Services revenue is $426,000 higher in 2022. This is primarily due to an
increase in the administrative fee that is charged to the city’s Water and Sewer funds.
• Intergovernmental Revenue is lower in 2022 by ($201,000). This is primarily due to a
one-time extra Highway User Tax that was received in 2021 in the amount of $110,000.
• American Rescue Plan Act (ARPA) - the city has been awarded $8,776,000 which will
be received in two allocations of $4,338,000 each. The second allocation was received
on September 5th, 2022.
The US Department of Treasury issued the final ARPA rule, in early April 2022. The final
rule contains a “Standard Allowance” which permits all cities with populations less
than 50,000 to use up to $10 million under the Lost Revenue Provision. For 2021, the
General Fund has recognized $404,000 of the ARPA funds; of which, $50,000 is committed
for Workforce Training, $30,000 for Vaccines, and $324,000 for Homelessness.
• Investment Earnings are negative ($429,000), due to a rapid rise in interest rates.
These negative returns are due to Unrealized Losses. The portfolio, predominantly
invested in bonds, is valued at market value each month, so earnings can fluctuate when
interest rates move in either direction. Below is the recent history of unrealized
gains/(losses):
Expenditures highlights are below:
• Across all departments, part of the variance is due to the 3.5% salary increase per the
Englewood Police Bargaining Association (EPBA) and Englewood Employee
Association (EEA) contracts and 3.5% for the rest of the staff.
• Debt service includes $2,812,000 for the COP payoff. Paying off the COP debt early
saved the city $30,000 in interest costs.
The YTD Operating Surplus (Excess Revenues over/(under) Expenditures) is $4,842,000,
compared to the Amended Budgeted Operating Deficit of ($2,648,000). There is a $134,000
transfer from the Public Improvement Fund for Debt Service and transfers out of ($396,000) for
capital projects and ($150,000) to the EDDA for the 2022 portion of the city’s loan. This
Operating Deficit excludes one-time items.
Page 6 of 330
The General Fund – Fund Balance Composition, slide #15, shows a YTD change in fund
balance of $4,596,000, including the Operating Surplus of $5,008,000 and a net transfer out of
($412,000). This surplus also includes one-time items.
COUNCIL ACTION REQUESTED:
Staff will review the current financial report with Council monthly and welcomes questions and
discussion.
FINANCIAL IMPLICATIONS:
Information included above.
CONNECTION TO STRATEGIC PLAN:
Governance: Assist the City to become fiscally accountable, effective and efficient.
Page 7 of 330
September 2022Monthly Financial Report
Jackie Loh, Director of Finance
Page 8 of 330
•Through September 2022, year-to-date revenues are 82.8% of the Fiscal Year 2022 budget.
•Through September 2021, year-to-date revenues were 75.3% of the total Fiscal Year 2021 revenues.
•Sales and Use Tax Revenue is higher in 2022 than at this time of the year in both 2021 and 2020.
•Operating revenues exclude one-time items as noted
General Fund Operating Revenues
Page 9 of 330
General Fund Operating Revenues
•Excludes $188,000 for sale of Fire Training Academy (2022)
•Excludes $138,000 for health insurance savings (2022)
•Excludes $251,000 for health insurance savings (2021)
•Excludes $1,119,000 for football stadium refund (2022)
2022 2021
Amended Budget Sep-22 % Budget Dec-21 Sep-21 % YTD $ Diff % Diff
Operating Revenues
Property Tax 5,171,000 5,189,000 100.3%4,644,000 4,621,000 99.5%568,000 0.0%
Specific Ownership Tax 530,000 361,000 68.1%524,000 349,000 66.6%12,000 0.0%
Sales & Use Taxes 33,779,000 28,017,000 82.9%32,362,000 24,087,000 74.4%3,930,000 16.3%
Sales Tax - Marijuana - 1,209,000 1,898,000 1,465,000 0.0%(256,000) -17.5%
Cigarette Tax 170,000 61,000 35.9%182,000 122,000 67.0%(61,000) -50.0%
Franchise Fees 3,665,000 2,647,000 72.2%3,826,000 2,611,000 68.2%36,000 1.4%
Hotel/Motel Tax 20,000 45,000 225.0%28,000 19,000 67.9%26,000 136.8%
Licenses & Permits 3,029,000 2,448,000 80.8%2,218,000 1,662,000 74.9%786,000 47.3%
Intergovernmental Revenue 1,208,000 770,000 63.7%2,088,000 971,000 46.5%(201,000) -20.7%
Charges for Services 3,401,000 2,190,000 64.4%2,638,000 1,764,000 66.9%426,000 24.1%
Parks and Recreation 2,619,000 2,199,000 84.0%2,308,000 2,139,000 92.7%60,000 2.8%
Fines & Forfeitures 531,000 294,000 55.4%516,000 416,000 80.6%(122,000) -29.3%
Investment Earnings 55,000 (429,000) -780.0%(73,000) (5,000) 6.8%(424,000) 8480.0%
EMRF Rents 1,700,000 1,348,000 79.3%1,762,000 1,306,000 74.1%42,000 3.2%
Miscellaneous 806,000 584,000 72.5%1,135,000 673,000 59.3%(89,000) -13.2%
Total Revenues 56,684,000 46,933,000 82.8%56,056,000 42,200,000 75.3%4,733,000 11.2%
2022 vs 2021
Page 10 of 330
Sales and Use Tax Revenues
Page 11 of 330
Sales and Use Tax Revenues
Page 12 of 330
2018-2022 Cumulative Change in Sales and Use Tax Collected
$8.1 million increase
since 2018
Page 13 of 330
City of Englewood Sales Tax Area Map
Page 14 of 330
YTD Sales & Use Tax Collections by Area
Busines
s Area
$ YTD
Variance
CY vs PY
% YTD
Variance
CY vs PY
YTD New
Businesses
YTD Closed
Businesses
YTD Net
New
(Closed)
Businesses Comments
Area 1 (37,321) -1.35%23 (33) (10)
Area 2 227,512 11.63%13 (20) (7)
Area 3 239,907 10.01%23 (30) (7)
Area 4 154,723 15.87%3 (4) (1)
Area 5 (157,942) -9.82%8 (15) (7)
Area 6 862,541 26.31%109 (101) 8
Area 7 1,055,310 11.15%462 (521) (59) Contains opened and closed businesses that are not within the city limits.
Area 8 126,420 10.63%- - -
Area 13 (4,756) -1.58%1 (1) -
Area 14 1,220,122 300.00%4 (5) (1) Marketplace Facilitators were added to this area in 2022.
Regular
Use 10,143 0.60%N/A N/A N/A
Use tax revenue fluctuates depending on the timing of when businesses
replace large ticket items such as operating machinery and equipment. If
items purchased outside of Englewood at a local tax rate less than 3.5%,
then the tax payer is liable for the difference between the local tax paid and
3.5% tax due.
Totals 3,696,659 14.36%646 (730) (84) Page 15 of 330
YTD Sales & Use Collections by Area 2018-2022
2021 2022 % Change $ Change
Total Sales & Use Tax Collected 25,748,383$ 29,445,043$ 14.4%3,696,659$
Refunds 167,444$ 108,410$ -35.3%(59,035)$
Unearned Sales Tax 2,050,000$ 2,050,000$ 0.0%-$ Page 16 of 330
•Through September 2022, year-to-date expenditures are 70.9% of the Fiscal Year 2022 budget.
•Through September 2021, year-to-date expenditures were 74.1% of the total Fiscal Year 2021 expenditures.
•To date, a net of $412,000 has been transferred out of the General Fund.
General Fund Operating Expenditures
Page 17 of 330
General Fund Operating Expenditures
•Excludes one-time pension contribution credits of $236,000 (2022)•Excludes one-time COP debt service of $1,418,000 which represents the 2023 final payment amount made in 2022.
2022 2021
Amended Budget Sep-22 % Budget Dec-21 Sep-21 % YTD $ Diff % Diff
Operating Expenditures
Legislation 322,000 172,000 53.4%285,000 162,000 56.8%10,000 6.2%
Administration 1,262,000 828,000 65.6%1,084,000 710,000 65.5%118,000 16.6%
City Attorney 1,092,000 676,000 61.9%923,000 618,000 67.0%58,000 9.4%
Court 1,516,000 839,000 55.3%1,133,000 804,000 71.0%35,000 4.4%
Human Resources 1,659,000 966,000 58.2%1,100,000 804,000 73.1%162,000 20.1%
Finance 2,035,000 1,354,000 66.5%1,548,000 1,095,000 70.7%259,000 23.7%
Information Technology 3,721,000 2,974,000 79.9%3,533,000 2,588,000 73.3%386,000 14.9%
Community Development 3,422,000 2,056,000 60.1%2,946,000 2,087,000 70.8%(31,000) -1.5%
Public Works 7,949,000 5,806,000 73.0%7,437,000 5,332,000 71.7%474,000 8.9%
Police 15,994,000 11,772,000 73.6%15,379,000 11,086,000 72.1%686,000 6.2%
Fire and Emergency Management 7,571,000 6,065,000 80.1%7,247,000 5,889,000 81.3%176,000 3.0%
Parks, Recreation and Library 8,693,000 6,345,000 73.0%7,848,000 5,915,000 75.4%430,000 7.3%
Communications 830,000 522,000 62.9%728,000 523,000 71.8%(1,000) -0.2%
Debt Service 3,034,000 1,527,000 50.3%1,569,000 1,506,000 96.0%21,000 1.4%
Contingency 232,000 189,000 81.5%294,000 215,000 73.1%(26,000) 0.0%
Total Expenditures 59,332,000 42,091,000 70.9%53,054,000 39,334,000 74.1%2,757,000 7.0%
2022 vs 2021
Page 18 of 330
General Fund Operating Expenditures by Category
•The Contractual Services Expenditure category includes items such as the fire and emergency services contract, software maintenance agreements and insurance costs.
•The Commodities Expenditure category includes items such as fuel, chemicals and building supplies.
•The General Fund Capital Expenditure category is primarily CERF vehicle replacement cost.
Operating Expenditures Amended Budget Sep-22 % Budget 12/31/2021-Actual Sep-21 % YTD $ Diff % Diff
Personnel 35,211,000 24,281,000 69.0%31,867,000 22,665,000 71.1%1,616,000 7.1%
Commodities 2,079,000 1,566,000 75.3%2,285,000 1,502,000 65.7%64,000 4.3%
Contractual Services 18,072,000 13,881,000 76.8%16,343,000 12,893,000 78.9%988,000 7.7%
Capital 936,000 835,000 89.2%919,000 768,000 83.6%67,000 8.7%
Debt Service 3,034,000 1,528,000 50.4%1,568,000 1,506,000 96.0%22,000 1.5%
Total Operating Expenditures 59,332,000 42,091,000 70.9%52,982,000 39,334,000 74.2%2,757,000 7.0%
2022 vs 202120222021
Page 19 of 330
General Fund Operating Surplus (Deficit)
•Through September 2022, year-to-date operating revenues exceeded operating expenditures by $4,842,000.
•Through September 2021, year-to-date operating revenues exceeded operating expenditures by $2,866,000.
2022 2021
Amended Budget Sep-22 % Budget 12/31/2021-Actual Sep-21 % YTD $ Diff % Diff
Total Operating Revenues 56,684,000 46,933,000 82.8%56,056,000 42,200,000 75.3%4,733,000 11.2%
Total Operating Expenditures 59,332,000 42,091,000 70.9%52,982,000 39,334,000 74.2%2,757,000 7.0%
Operating Surplus (Deficit)(2,648,000) 4,842,000 3,074,000 2,866,000
2022 vs 2021
Page 20 of 330
General Fund Transfers
2022 Transfers into the General Fund
From the Public Improvement Fund for debt service 134,000$
Total transfers into the General Fund 134,000
2022 Transfers out of the General Fund
To the Capital Projects Fund for capital projects 396,000
To EDDA for 2022 portion of the ($300,000) loan 150,000
Total transfers out of the General Fund 546,000$
Net General Fund Transfers (412,000)$ Page 21 of 330
General Fund-Fund Balance Composition
(in millions)General Fund –Fund Balance Comparison
2018 2019 2020 2021
Actual
Balances
Beginning total fund balance 14,130,000$ $ 20,418,000 $ 22,131,000 $ 24,936,000 $ 17,043,000
Net change in fund balance 6,288,000 1,713,000 2,805,000 (7,893,000) $ 4,596,000
Ending total fund balance 20,418,000 22,131,000 24,936,000 17,043,000 21,639,000
Designated fund balance
TABOR - Restricted (1,740,000) (1,730,000) (1,720,000) (1,800,000) (1,800,000)
LTAR - Committed (4,995,000) (4,995,000) (4,995,000) (95,000) (95,000)
ARPA funding - Restricted for specific projects - - - (404,000) (404,000)
Stadium District refund - Restricted for youth activities - - - - (1,119,000)
Unrestricted Reserve = 16.7% of total revenues (8,558,000) (8,614,000) (8,985,000) (9,258,000) (9,951,000)
Total designated fund balance (15,293,000) (15,339,000) (15,700,000) (11,557,000) (13,369,000)
Unassigned fund balance 5,125,000$ 6,792,000$ 9,236,000$ 5,486,000$ 8,270,000$
$1.7 $1.7 $1.7 $1.8 $1.8
$5.0 $5.0 $5.0
$0.4 $0.4
$8.6 $8.6 $9.0
$9.3 $10.0
$5.1 $6.8
$9.2
$5.5
$8.3
$0.0
$2.5
$5.0
$7.5
$10.0
$12.5
$15.0
$17.5
$20.0
$22.5
$25.0
2018 2019 2020 2021 2022 YTD Balance
TABOR - Restricted LTAR - Committed ARPA funding-Restricted Unrestricted Reserve = 16.7% of total revenues Unassigned fund balance
Page 22 of 330
•Per council request, the current financial presentation excludes one-time revenue and expenditures for 2021 and 2022 to compare operating results between two fiscal years.
However, subtracting the one-time transactions from the comparative financial
report may skew the variance analysis between the actuals and budgets;
therefore, the staff recommends the following reconciliation page to account for
the one-time transactions.
Quick Poll
Page 23 of 330
General Fund One-Time Adjustments
2022 2021
Revenues Sep-22 Sep-21
One-Time Adjustments
Health Insurance Savings (138,000)$ (251,000)$
Fire Training Academy Sale (188,000) -
Football Stadium Tax Refund (1,119,000) -
Total One-Time Revenue Adjustments (1,445,000) (251,000)
2022 2021
Expenditures Sep-22 Sep-21
One-Time Adjustments
Pension Contribution Credits (235,000)$ -$
Debt Service-Early Payoff of COP's (1,418,000) -
Total One-Time Expenditure Adjustments (1,653,000) -
Net one-time adjustments 208,000$ (251,000)$ Page 24 of 330
Appendix-Area Sales Tax Slides
Page 25 of 330
Area 1 Sales Tax
CityCenter (Formerly Cinderella City)
2,778,915 2,767,897
2,614,485
2,767,397 2,730,076
0
500,000
1,000,000
1,500,000
2,000,000
2,500,000
3,000,000
2018 2019 2020 2021 2022
Page 26 of 330
Area 2 Sales Tax
South of Yale, north & south side of Jefferson Ave/US 285 between Bannock and Sherman
1,675,153
1,786,873 1,834,573
1,956,513
2,184,025
0
500,000
1,000,000
1,500,000
2,000,000
2,500,000
2018 2019 2020 2021 2022
Page 27 of 330
Area 3 Sales Tax
S of Jefferson Ave/US 285 between Bannock & Sherman and north side of Belleview between Logan & Delaware
1,839,357 1,938,129
2,131,540
2,396,763
2,636,670
0
500,000
1,000,000
1,500,000
2,000,000
2,500,000
3,000,000
2018 2019 2020 2021 2022
Page 28 of 330
Area 4 Sales Tax
Broadway and Belleview (Between Fox and Sherman and south of Belleview and to the southern City Limits)
988,154
942,871
856,563
974,995
1,129,718
0
250,000
500,000
750,000
1,000,000
1,250,000
2018 2019 2020 2021 2022
Page 29 of 330
Area 5 Sales Tax
Area 5 -Federal and Belleview W of Santa Fe Drive
1,124,553
1,354,400
1,673,882
1,608,123
1,450,181
0
250,000
500,000
750,000
1,000,000
1,250,000
1,500,000
1,750,000
2018 2019 2020 2021 2022
Page 30 of 330
Area 6 Sales Tax
Area 6 -All other City locations
3,323,570 3,256,620
3,032,600
3,278,388
4,140,929
0
750,000
1,500,000
2,250,000
3,000,000
3,750,000
4,500,000
2018 2019 2020 2021 2022
Page 31 of 330
Area 7 Sales Tax
Area 7 -Outside City limits
7,247,026
8,111,182
8,604,230
9,460,761
10,516,071
0
2,000,000
4,000,000
6,000,000
8,000,000
10,000,000
12,000,000
2018 2019 2020 2021 2022
Page 32 of 330
Area 8 Sales Tax
Public Utilities
1,108,723 1,126,638
1,042,319
1,189,154
1,315,575
0
250,000
500,000
750,000
1,000,000
1,250,000
1,500,000
2018 2019 2020 2021 2022
Page 33 of 330
Area 13 Sales Tax
Area 13 -Hampden Avenue (US 285) and University Boulevard
327,380 336,752
314,769
301,321 296,565
0
50,000
100,000
150,000
200,000
250,000
300,000
350,000
2018 2019 2020 2021 2022
Page 34 of 330
Area 14 Sales Tax
Online Sales
Footnote: Most of the online sales collected are included in Area 7 slide.
In 2022 the Marketplace Facilitators were added to this reporting area.
153,286 108,216 89,290 111,656
1,331,778
0
250,000
500,000
750,000
1,000,000
1,250,000
1,500,000
2018 2019 2020 2021 2022
Page 35 of 330
Regular Use Tax
2,501,706
2,320,873
2,018,586
1,703,310 1,713,453
0
500,000
1,000,000
1,500,000
2,000,000
2,500,000
3,000,000
2018 2019 2020 2021 2022
Page 36 of 330
STUDY SESSION
TO: Mayor and Council
FROM: Bryan Isham
DEPARTMENT: Community Development
DATE: November 7, 2022
SUBJECT: CodeNext: Technical Provisions
DESCRIPTION:
CodeNext update on technical provisions within Title 16
RECOMMENDATION:
CodeNext project consultants Chris Brewster of Multi Studio and Matt Ashby of Ayers
Associates, project manager Bryan Isham, Planning Manager, and Brad Power, Director of
Community Development, will be present to update city council on CodeNext.
PREVIOUS COUNCIL ACTION:
March 22, 2021: Presentation of the final Unified Development Code (UDC) Assessment Report
and consensus to move forward with a request for proposals and establishment of a steering
committee for the development code redrafting process.
May 10, 2021: City council interviewed 14 residents for possible appointment to the steering
committee.
May 17, 2021: City council appointed five members from the community to the steering
committee, completing the steering committee formation.
July 19, 2021: Professional Services Agreement with Gould Evans (now known as Multi Studio)
approved by city council.
November 1, 2021: Quarterly update of the CodeNext project.
February 7, 2022: Ouarterly update of the CodeNext project with steering committee members
present.
April 18, 2022: Professional Services Agreement with Root Policy Research approved by city
council for Housing Needs Assessment.
May 9, 2022: Quarterly update of the CodeNext project.
August 22, 2022: Quarterly update of the CodeNext project.
Page 37 of 330
SUMMARY:
The CodeNext project team will provide an update to city council on the technical provisions of
Title 16, including discussions from the technical committee, key changes being proposed, and
the drafts of chapters one and two.
ANALYSIS:
This is the first scheduled review of the redrafted Title 16, addressing technical provisions of the
updated development code, which includes Chapter 1, General Provisions, and Chapter 2,
Procedures. Since the last quarterly update, the Technical Committee met to discuss issues
related to these chapters on July 29, and the steering committee reviewed and discussed the
“working drafts” of these chapters on October 4. Staff and the consultant team incorporated
direction and comments from these meetings into the initial drafts.
The information in this communication includes:
1. Development Code Framework, providing an “executive summary” overview of all of the
development code sections.
2. Section maps, comparing the drafts of Chapters 1, General Provisions and Chapter 2,
Procedures to the relevant sections of the current code, including some specifics on the
scope, nature, and rationale for changes (or where sections are not changing and simply
being reorganized or reformatted).
3. Draft chapters, initial draft of the specific code sections.
The project team will present these items to the city council for review and discussion. This is
the first in a series of study sessions that will ultimately cover all key issues and potential
updates to the Englewood Development Code.
COUNCIL ACTION REQUESTED:
The project team will respond to comments or questions from city council regarding the
technical provisions of the CodeNext process. Discussion and direction will be used by staff
and the consultant team to prepare a final draft and formal recommendation on the CodeNext
updates. Additional study sessions will provide reviews of mobility, access and public realm
design; sustainability and general community design; and housing and neighborhood design.
The project team will continue to provide quarterly updates at city council study sessions, as
well as monthly updates provided in the city manager's weekly report.
FINANCIAL IMPLICATIONS:
The CodeNext project is incorporated in the 2022 Community Development Department work
plan and budget.
CONNECTION TO STRATEGIC PLAN:
CodeNext addresses the following Strategic Plan Goals:
Community Wellbeing
Affordability
Community-Wide Identity
Governance
Page 38 of 330
Community Engagement
Infrastructure and Transportation
Multi-Modal Transportation
Economy
Commercial Corridor Vibrancy
CityCenter Redevelopment
Neighborhoods
Community Engagement
Neighborhood Aesthetics
Safety
Building and Public Safety
Sustainability
Built Environment and Infrastructure
Community Resilience
Economic Resilience
Energy
Natural Environment
Water Protection
OUTREACH/COMMUNICATIONS:
All project information and materials can be found on the CodeNext webpage on the Englewood
Engaged platform: engaged.englewoodco.gov/codenext
ATTACHMENTS:
1. Draft Chapter Outline and Section Map
2. Chapter 1 General
3. Chapter 2 Procedures
4. PowerPoint Presentation
Page 39 of 330
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ENGLEWOOD CO
DEVELOPMENT CODE FRAMEWORK
INITIAL DRAFT CHAPTER OUTLINE & SECTION MAP – 10/25/22
The framework includes two elements –
▪ Chapter Outline. An overview of the organization and general content of the development code,
based on internal “working drafts” that the project team and Technical Committee have been
discussing,
▪ Section Maps. A navigation tool and comparison of the current code to the initial drafts of each
chapter. The section maps will be prepared as each initial draft is introduced for preliminary
review. While the section maps are not comprehensive, they provide an overview of what is
changing and why, and can help guide reviewers to sections or changes of most interest to them.
Section maps and initial drafts will be delivered to the Steering Committee and City Council over the next
several weeks. The initial drafts are not yet a formal recommendation, but provide an opportunity to
become more familiar with the overall development code and general direction prior to the final draft.
In some cases, the initial drafts are not complete. This is due to three factors:
(1) concepts that are contingent on coordination with details in other chapters that are yet to be
determined by staff and the Technical Committee;
(2) strategies or options that need further direction prior to finalizing recommended actions; or
(3) “non-priority” sections where no substantive changes are anticipated, and the current code
sections will be incorporated as a final step to preparing the recommended draft.
Drafting notes may indicate sections where this occurs.
Discussion on the framework, section maps, and initial drafts will lead to a formal recommended draft
introduced in late fall or early winter.
Chapter Outline
Chapter 1: General
This chapter includes the legal foundations and technical requirements of the code, including purposes,
interpretation, jurisdiction, and authority.
Recommended changes deal primarily with improved wording, better organization, and reducing
redundant sections.
Chapter 2 Applications and Procedures
This chapter addresses the applicability, process, criteria, and effects for all development applications.
Recommended improvements include:
▪ Better correspondence between the summary table and text, eliminating redundant sections.
▪ Distinguish between development applications and general administrative, interpretation, and permit
review steps (the later not needing to be include in this Chapter);
▪ Use the “General – All Applications” section to control for most applications and not repeat sections
in multiple applications. The use of the summary table and simplified sections on each application is
used to identify unique aspects of a particular application. DRAFTPage 40 of 330
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The overall goal for this section would be to raise expectations for when and how decisions are made
when reviewing development proposals.
Chapter 3 Community & Subdivision Design
Subdivision regulations typically trigger when someone is dividing property or “subdividing.” Standards
typically address the following:
• coordinate development across different areas and between projects over time;
• promote civic design of streets, open spaces, block, and lot patterns;
• ensure that all lots and blocks are served by utilities, public services, and community facilities.
Since Englewood is largely built out and on an established grid of streets, the larger-scale subdivision
standards apply differently than they do in communities experiencing new growth.
Recommended improvements include:
▪ Emphasize the large-scale community design elements and move the technical or procedural
aspects of subdividing to the platting process in Chapter 2.
▪ Improve street design standards for more emphasis on multi-modal design, and better distinctions in
street design for different contexts.
▪ Refine open/civic space standards to become coordinating design elements (whether public,
common, or private), and identify different types of open spaces
▪ Clarify approach to required public improvements and utilities and ensure that proper capacity
analysis is done as new development occurs.
Chapter 4 Zone Districts & Uses
This chapter includes standards for the use of land and buildings in specific locations or districts;
organizes the community into distinct areas that correspond to long-range land use categories in the
comprehensive plan; and addresses compatibility through the scale, format, and types of permitted uses.
Recommended improvements include:
• Consolidating current Chapters 3 and 5, which each address some of the foundational elements of
the zone districts.
• Review the current use table for better distinctions between uses (based on either scale, format, or
type), and/or consolidate some uses in to general categories where there are no important
distinctions;
• Incorporate revised approach to Limited Use Permits and Temporary Use Permits (removing them
form a specific process in Chapter 2; relay on the site improvement plan process; and then
incorporate the use-specific standards, performance criteria, or conditions in this chapter0
Chapter 5 Residential Development & Design
This chapter includes standards for the design and construction of residential development, including lot
and building standards for a range of residential building types and design standards to allow buildings to
contribute to common characteristics of neighborhoods, such as streetscape and frontage design,
building design, and open space design
Recommended improvements include:
▪ Coordinating all development and design standards for residential development in one chapter;
▪ Strengthening the “building type” elements of the current code and shifting entirely to a building type
approach (standards keyed to each building type, and then different zone districts can enable a range
of compatible types). Based on public engagement and Steering Committee direction this includes
o Broadening the applicability of ADUs to all R-1 districts (currently just R-1-C) DRAFTPage 41 of 330
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June 10, 2022 3
o Allowing small lot detached houses in some districts to have another option of small-scale,
moderate density building types. (provisional in R-1 districts; permitted in R-2 districts)
o Improving options for small-scale, multi-unit building types in R-2 districts (this involves allowing
more units but maintaining or even reducing the allowable unit sizes.)
o Refining approaches to larger-scale apartment and mixed-use buildings in the MU-R-3 districts.
▪ Broadening the applicability of the design standards to all buildings, but simplifying the standards to
focus on three key elements:
o Frontage types – addressing building placement, lot access, and balancing car-oriented vs.
human-scale features (currently addressed in various lot coverage, garage or parking standards)
o Building design – addressing the scale, massing, and any other architectural features of buildings
that are important (currently addressed in the bulk plane standards)
o Open Space – coordinating the design of unbuilt portions of the site as both usable space and
creating good transitions to adjacent property. (Currently addressed by setback, lot coverage or
landscape standards)
Chapter 6 Nonresidential Development & Design
This chapter includes standards for the design and construction of nonresidential development, including
lot and building standards for nonresidential districts and design standards that focus on how projects
relate to their specific district, block, and site, such as streetscape and frontage design, building design,
and open space design.
Key recommendations in this chapter are similar to those in the residential chapter, but addressing the
scale, format and design issues for mixed-use or other nonresidential development. Like the residential
chapter, this involves organizing many of the topics already regulated in the code but addressing them in
a manner that allows more context-specific application for how sites and buildings relate to the block,
adjacent property, and the public streetscape.
Chapter 7 Access & Parking
This chapter includes standards to improve access for various modes of transportation, including
pedestrian, bicycle, and vehicles; balance potential competing interests associated with streetscape
design, access (curb-cuts and driveways, sidewalks, or other paths / trails), parking, and internal
circulation and mobility; and reduce negative impacts of these areas on streetscapes and adjacent
property.
Recommended improvements include:
▪ Break this topic into its own chapter for better organization and emphasis on design issues;
▪ Broaden the topics to coordinate more aspects of transportation and site design in context – including
pedestrian, bicycle, and transit access as appropriate;
▪ Increase and/or streamline flexibility for “right-sized parking” and allow more options by default or
through administrative adjustments, as apposed to the current process- and documentation-intensive
alternative parking plans.
▪ Promote many of the sustainable practices associated with parking design, including landscape
design and electric vehicle parking considerations.
Chapter 8 Landscape Design
This chapter includes standards for the design of unbuilt portions of sites, addressing living landscape
and aesthetics, functional and environmental benefits, and promote better relationships of projects to the
surroundings.
Recommended improvements include:
▪ Break this section into its own chapter for better organization and emphasis on design issues; DRAFTPage 42 of 330
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▪ Simplify and better organize requirements based on key functional components of sites –
streetscapes, frontages, building/foundation areas, parking, or other areas that need buffering or
screening.
▪ Emphasize important sustainability aspects regarding water use, stormwater performance, passive
heating/cooling, and coordination with any on-site renewable energy facilities.
Chapter 9 Signs
This chapter includes standards for any sign on property that is potentially visible from the right-of-way,
public areas, or adjacent sites,
Recommended improvements are intended to primarily be non-substantive and merely organizational to
allow easier interpretation and administration. These include:
▪ Break this section into its own chapter for better organization;
▪ Categorize signs into a few general sign types with basic standards for each type (size, quantity,
location)
▪ Allocate a sign allowance based on the scale of sites and buildings;
▪ Address specific design standards for some sign types.
Although no substantive changes are intended initially, in the course of simplifying and ensuring a
“content neutral” sign code, some changes in outcomes could occur.
Chapters 10 Floodplain;11 Telecommunications;, and 12 Historic Preservation
The changes in these chapters are non-substantive and are only organizational or to simplify and clarify
wording, or otherwise integrate existing sections into the new format.
Chapter 13 Definitions
The changes in this chapters will primarily correspond to changes in other chapters and will likely involve:
▪ Coordination with any changes or different approaches to the use table and the description of uses.
▪ Elimination of defined terms (purging) from either a “plain language” approach or by eliminating
conflicting or duplicating terms.
▪ Adding definitions for new “terms of art” in substantive changes in the code.
This chapter will be addressed last, when approaches and terminology are nearly final.
DRAFTPage 43 of 330
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Proposed Summary of Contents
Chapter 1: General Provisions
16-1-1 Title
16-1-2 Authority & Jurisdiction
16-1-3 Purposes
16-1-4 Applicability
16-1-5 Administration
16-1-6 Interpretation
16-1-7 Severability
16-1-8 Nonconformities
16-1-9 Enforcement
Chapter 2 Applications & Procedures
Table 2-1 Summary of Applications and Procedures
16-2-1 General – All Applications
16-2-2 Text Amendment
16-2-3 Map Amendment (Rezoning)
16-2-4 Specific Plan (Regulating Plan)
16-2-5 Planned Unit Development (PUD)
16-2-6 Site Improvement Plan
16-2-7 Major Subdivision Plat
16-2-8 Minor Subdivision Plat
16-2-9 Conditional Use Permit
16-2-10 Zoning Variance
16-2-11 Administrative Adjustment
16-2-12 Appeals
16-2-13 Vested Rights
Chapter 3 Community & Subdivision Design
16-3-1 Intent
16-3-2 Applicability
16-3-3 Street & Block Patterns
16-3-4 Street Design
16-3-5 Civic & Open Space Design
16-3-6 Required Improvements
Chapter 4 Zone Districts & Uses
16-4-1 Establishment of Districts
16-4-2 Allowed Uses / Use Table
16-4-3 Use-Specific Standards
16-4-4 Accessory Uses
16-4-5 District Performance Standards
Chapter 5 Residential Development & Design
16-5-1 Intent
16-5-2 Applicability
16-5-3 Development & Dimension Standards
16-5-4 Residential Design Standards
16-5-5 Attainable Housing Guidelines
16-6-6 Sustainable Sites & Building Guidelines
16-6-7 Neighborhood Protection Overlay
Chapter 6 Nonresidential Development & Design
16-6-1 Intent
16-6-2 Applicability
16-6-3 Development & Dimension Standards
16-6-4 Frontage Design
16-6-5 Building Design
16-6-6 Open Space Design
16-6-7 Sustainable Sites & Building Design
Chapter 7 Access & Parking
16-7-1 Intent
16-7-2 Applicability
16-7-3 Access & Circulation
16-7-4 Required Parking
16-7-5 Parking Design
16-7-6 Alternative Parking Plan
Chapter 8 Landscape Design
16-8-1 Intent
16-8-2 Applicability
16-8-3 Landscape Requirements
16-8-4 Plant Specifications
16-8-5 Fences & Walls
Chapter 9 Signs
16-9-1 Intent
16-9-2 Applicability
16-9-3 Exempt Signs
16-9-4 Sign Allowances
16-9-5 General Standards – All Signs
16-9-6 Standards for Specific Signs
16-9-7 Alternative Compliance
Chapter 10 Floodplain Regulations
Chapter 11 Telecommunications
Chapter 12 Historic Preservation
Chapter 13 Definition
16-13-1 Description of Uses
16-13-2 Definitions
DRAFTPage 44 of 330
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ENGLEWOOD DEVELOPMENT CODE: SECTION MAP
CHAPTER 1 – GENERAL
Proposed Section Current Code References Notes
16-1-1 Title Same 16-1-1 Simplified name and references
16-1-2 Authority & Jurisdiction
A. Authority
B. Home Rule
C. Jurisdiction
16-1-2 Authority
16-1-4.B Purpose and Intent; Intent to Supersede
General Colorado Law
16-1-5.A. Applicability and General Compliance;
General Applicability
Streamlined to only include general authority and jurisdiction elements of existing sections.
Other provisions were more specific to the effect of specific decisions or other application
requirements (i.e. building permits, street dedications) that are addressed in Chapter 2 or
general applicability in 16-1-4.A.
16-1-3 Purposes Same 16-1-4 (except B Intent to Supersede General
Colorado Law – moved to 16-1-2 Authority and
Jurisdiction section.
Updated to more directly reflect Comprehensive Plan and related city policies, and better
bridge between plans/policies and the specific topics and strategies in the development
code.
16-1-4 Applicability
A. General Applicability
B. Effective Date
C. Transition Provisions
16-1-5 Applicability and General Compliance (except A.
General Applicability)
16-1-7 Effective Date
No substantive changes; some provisions better addressed by Interpretation (16-1-6 – i.e.
“minimum standards”)
16-1-5 Administration
A. Staff (Director, CM, DRT)
B. Planning and Zoning
Commission
C. City Council
D. Board of Adjustments and
Appeals
E. Historic Preservation
Commission
F. Advisory Specific Plan
Design Review Committee
16-2-1 Administrative and Review Bodies
Relocated to separate general administration section (currently in procedures
Reorganized with no substantive changes:
• Added more on staff to establish Community Development Director (rather than
the City Manager) as the primary interpretation / enforcement official; reference
DRT
• Coordinate better with general Municipal Code sections establishing boards and
commissions that have non-development code capacities (HPC and PC)
• Added HPC to coordinate with their role under Development Code (pending
policy / discussion topic related to Chapter 12).
16-1-6 Interpretation
A. Rules of Construction
B. Conflicts
C. Computations of Time
D. Interpretation of Zoning Map
16-1-6 Relationship to other regulations
16-1-8.E Locating Boundaries of zone districts
16-1-9 Rules of Construction and Interpretation
Coordination of various sections throughout the code where similar things are repeated.
General approach is to state these rules once in this location, and not restate them
throughout the code.
Note: the remainder of 16-1-8 on the zoning map and exceptions will be incorporated into the
sections in Chapter 4, where the zoning districts (and official map) are established
16-1-7 Severability 16-1-10 Severability Broadened to consider other pre-emptive situations of other laws (review / confirmation with
City Attorney needed)
16-1-8 Non-conformities
A. Intent Chapter 9 Nonconformities Reorganized and simplified. DRAFTPage 45 of 330
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ENGLEWOOD DEVELOPMENT CODE: SECTION MAP
CHAPTER 1 – GENERAL
Proposed Section Current Code References Notes
B. Burden of Proof
C. Nonconforming Uses
D. Nonconforming Structures
E. Nonconforming Lots
F. Nonconforming Site
Conditions
G. Nonconforming Signs
H. Limited Expansions
19-9-1 General Provisions
16-9-2 Nonconforming Uses
16-9-3 Nonconforming Structure
16-9-4 Nonconforming Lots
16-9-5 Non-conforming Signs
Nonconforming lots recharacterized based on small lot enabling in residential areas (see
Procedures sections) - legally established lots will be allowed following a burden of proof on
the applicant, rather than requiring a process for approval by the PC.
Added H Limited Expansions - TC discussion issue on how to address investments in non-
conforming situations that could have a lessor impact that development conforming to
existing applicable standards; TC discussion issue whether there is required registration and
periodic review / re-registration. (also incorporates current 16-2-7.D.2.b. on expansions of
non-conforming setbacks, with some revisions)
16 -1 – 9 Enforcement
A. Enforcement
B. Enforcement Office
C. Stop Orders
D. Enforcement Process
Chapter 10 Enforcement & Penalties
16-10-1 Enforcement
16-10-2 Prohibited Acts
No substantive change. Coordinate with City Attorney / prosecutor on if these provisions are
up to date or need improvement
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ENGLEWOOD DEVELOPMENT CODE: SECTION MAP
CHAPTER 2 – APPLICATIONS & PROCEDURES
Proposed Section Current Code References Notes
Table 2-1 Summary of Applications &
Procedures
16-2-2 Summary Table of Administrative and Review
Roles
Streamline table to only development applications and review process; remove other general
interpretation procedures.
16-2-1 General – All Applications
A. Applications & Fees
B. Concurrent Applications
C. Pre-application Meeting
D. Neighborhood Meeting
E. Staff Review
F. Notice
G. Public Hearings
H. Action by Review Bodies
I. Appeals
J. Technical Studies
K. Permits
L. Successive Applications
16-2-3 Development Application Procedures
Plus incorporating and consolidating many other sections
in 16-2-4 through 16-2-20 that are repeated
unnecessarily in those sections.
Consolidate all duplicative or generally applicable application and procedure roles here and
activate specific ones for certain applications through the table and/or specific procedure
sections under each application
Eliminate repeating sections multiple times in subsequent sections through table and/or a
simple cross reference in the specific application sections.
No substantive changes – clarifying direction and eliminating conflicts / interpretation issues
with:
• Pre-application meeting
• Neighborhood Meeting
• Notice requirements
• Ability to require technical studies
16-2-2 Text Amendment
A. Applicability
B. Review Criteria
C. Review Procedures
D. Effect of Decision
16=2=6 Amendments to the Text of Title 16 (UDC) No substantive changes
Note: all application-specific sections follow a similar subsection hierarchy as specified in the
column on the left to capitalize as much as possible on the summary table and the General –
All Applications section, and not repeat the same or similar provisions in multiple sections
16-2-3 Map Amendment (Zone
Change)
A. Applicability
B. Review Criteria
C. Review Procedures
D. Effect of Decision
16-2-7 Official Zoning Map Amendments (Rezoning) No substantive changes, but reorganizing and simplifying some applicability and criteria.
… with same sub-sections as all procedure-specific sections; see 16-2-2
16-2-4 Specific Plan (Regulating
Plan)
16-2-20 Specific Plan Process, Requirements, and
Review
Based on current (new) section but coordinates with the typology and design standards
included in the update to the base district development and design standards. Includes
greater specificity on the types of plans needed to apply and adjust the regulated typologies
based on a specific area plan, and how that impacts base zoning districts (base districts /
standards as the default – specific plans only apply additions, subtractions, or noted
deviations from those otherwise applicable standards.
16-2-5 Planned Unit Development
(PUD)
16-2-8 Planned Unit Development (PUD) Rezoning
Process and Requirements
To be developed to coordinate among three other sections addressing flexibility and planned
zoning:
• Specific Plans (16-2-4 above), but PUD will be a smaller-scale, property owner initiated
version) DRAFTPage 47 of 330
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ENGLEWOOD DEVELOPMENT CODE: SECTION MAP
CHAPTER 2 – APPLICATIONS & PROCEDURES
Proposed Section Current Code References Notes
• Administrative Adjustments (16-2-11 below), but the PUD will be for deviations beyond
that and which need to be supported by broader development plans.
• Using updated base zoning districts and development / design standards as the starting
point (default standards) from which planned deviations.
In general, simplify and clarify criteria and applicability
16-2-6 Site Improvement Plan
A. Applicability
B. Review Criteria
C. Review Procedures
D. Effect of Decision
16-2-9 Site Improvement Plan Review Clarify applicability of site improvement plans (distinguish if different from internal
administrative review for general zoning compliance); review / confirm with staff.
Updated review criteria.
Coordinating with three other issues through same / similar application process – Limited
Use Permits, Temporary Use permits (in Chapter 4 use standards), and Administrative
Adjustments (16-2-10, and in substantive standards of various sections.)
16-2-6 Major Subdivision Plat
A. Applicability
B. Review Criteria
C. Review Procedures
D. Effect of Decision
16-2-10 Major Subdivisions Clarified and streamlined plats to reinforce that most plats do not use preliminary / final, but
build an option for some applications to do so.
Clarified review criteria / coordinated with Community Design & Subdivision Standards (Ch.
3) and other anticipated substantive design standards of other chapters.
16-2-8 Minor Subdivision Plat
A. Applicability
B. Review Criteria
C. Review Procedures
D. Effect of Decision
16-2-11 Minor Subdivisions and Administrative Land
Review Permits
Coordinate with substantive standard changes – particularly standards and review processes
associated with residential building types.
Review and monitor for ability to streamline and coordinate development options with
administrative and discretionary review processes; otherwise, no substantive changes to
process and criteria anticipated
16-2-9 Conditional Use Permits
A. Applicability
B. Review Criteria
C. Review Procedures
D. Effect of Decision
16-2-12 Conditional Use Permits Reorganized / clarified criteria with no substantive changes.
16-2-10 Zoning Variances
A. Applicability
B. Review Criteria
C. Review Procedures
D. Effect of Decision
16-2-16 Zoning Variances Reorganized / clarified criteria with no substantive changes
16-2-11 Administrative Adjustments
A. Applicability
B. Review Criteria
C. Review Procedures
D. Effect of Decision
16-2-17 Administrative Adjustments Expand the applicability to coordinate with other sections intended for administrative
flexibility; particularly anticipated design standards. DRAFTPage 48 of 330
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ENGLEWOOD DEVELOPMENT CODE: SECTION MAP
CHAPTER 2 – APPLICATIONS & PROCEDURES
Proposed Section Current Code References Notes
Refined review criteria to emphasize “equal or better” design, and put some limits on the
degree of discretion used in deviating from criteria. Consider of some adjustments
could/should be elevated to PC review at Director’s discretion.
Monitor closely with substantive sections, built in flexibility in standards, and the process and
criteria to consider alternatives. Look to coordinate the ideas of “administrative adjustments”
and “alternative compliance” within the standards.
16-2-12 Appeals
A. Applicability
B. Review Criteria
C. Review Procedures
D. Effect of Decision
16-2-18 Appeals Reorganized to match current code format – no substantive changes
16-2-13 Vested Rights
A. Applicability
B. Review Criteria
C. Review Procedures
D. Effect of Decision
16-2-19 Vested Rights Reorganized to match current code format – no substantive changes
n/a 16-2-4 Comprehensive Plan Amendments Recommend eliminating this from the development code. Non-development code issue that
is authorized under general home rule and/or state statutory provisions. (i.e. the plan exists
independent of and at a higher advisory level than the code).
n/a 16-2-5 Annexation Petitions Recommend eliminating from development code. Non-development code issue that is
typically controlled by policy and state statutes beyond development code; also, many not be
very applicable to Englewood, and in the event it ever is, state statute or home rule steps can
control.
n/a 16-2-13 Limited Use Permits Recommend eliminating as a specific application process. Chapter 4 will indicate “limited
uses” or uses that require extra conditions or review and performance criteria. However,
these can be coordinated with general Site Improvement Plan review and criteria.
n/a 16-2-14 Temporary Use permits Recommend eliminating as a specific application process. Similar to limited uses, Chapter 4
will indicate temporary uses, either in the nature of the use table, as accessory uses, or a
specific temporary use section. Review and approval can be coordinated with general site
improvement plan process...
n/a 16-2-15 Development Agreements Recommend removing as a development application; coordinate this as an option,
alternative to, or embellishment of the required improvements associated with a plat or site
improvement plan.
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16-1-1 TITLE
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Chapter 1 General
16-1-1 Title
16-1-2 Authority & Jurisdiction
16-1-3 Purposes
16-1-4 Applicability
16-1-5 Administration
16-1-6 Interpretation
16-1-7 Severability
16-1-8 Nonconformities
16-1-9 Enforcement
16-1-1 Title
This title shall be known as the Englewood Development Code. References to “this Title,” “the
development code,” “these regulations,” or similar references shall be considered a reference to the
Englewood Development Code.
16-1-2 Authority & Jurisdiction
A. Authority. This Title is adopted through the exercise of powers granted and acquired in the
Home Rule Charter adopted by the City of Englewood in 1958, as amended from time to time,
and in accordance with the powers granted to municipalities by the Constitution and Laws of the
State of Colorado, C.R.S. 29-20-101 et seq., (Local Government Land Use Control Enabling Act)
and C.R.S. 31-23-101 et. seq. (Planning and Zoning).
B Home Rule. The City of Englewood recognizes that zoning is ultimately a local and municipal
matter and intends that this Title supersedes any conflicting general law of the State of Colorado
within its jurisdiction.
C Jurisdiction. This Title applies to all structures, uses, and land within the corporate limits of the
City of Englewood.
16-1-3 Purposes
This Title is adopted to promote the public safety, health, and general welfare for the City of Englewood
and its citizens and businesses. Specifically, the regulations have the following purposes:
A. Implement the Comprehensive Plan, and other plans and programs authorized under the
guidance of the Comprehensive Plan.
B. Promote land uses, development patterns, and site and building design that support and
encourage economic and sustainable development.
C. Regulate uses within floodplains to mitigate hazards to the public and damage to property.
D. Promote development that preserves and enhances quality of life and protects environmental
resources of the City.
E. Facilitate the provision and proper location of infrastructure such as water, sewerage, drainage,
streets, transportation, and other public facilities, services, and utilities.
F. Promote planning and urban design that emphasizes distinct places and unique elements of
community character throughout Englewood, particularly the design of streets, open space, civic
space, and other public realm investments. DRAFTPage 50 of 330
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16-1-3 PURPOSES
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G. Divide the City into zones and districts that promote the character and development patterns of
distinct places identified in the Comprehensive Plan.
H. Regulate and restrict the development and use of buildings and land within each zoning district to
create a compatible scale, format, and intensity within districts, and appropriate transitions and
relationships between districts.
I. Provide a comprehensive, consistent, and efficient development review process.
16-1-4 Applicability
A. General Applicability. It shall be unlawful to conduct any development or use of land until all
specified development review processes have been followed, all applicable standards have been
fulfilled, and all required approvals, permits or other authorizations have been issued.
B. Effective Date. All standards in this code shall apply after the effective date established in the
ordinance adopting this code, and all subsequent amendments shall become effective in the
same manner, and may be subject to specific dates or applicability terms of the adoption
ordinances.
C Transition Provisions. Unless specifically stated otherwise in this code, the following rules shall
determine the transition from previous regulations to this code:
1. Applications. Any official application submitted prior to the effective date of the ordinance
adopting these standards, and determined a complete application by the Director, shall
be reviewed and processed according to the prior standards and procedures. An
application submitted prior to the effective date, but determined incomplete, shall be
resubmitted and processed according to the regulations in effect at the time of submittal
of a complete application.
2. Prior Approvals. All permits, site plans, or other approvals issued under an administrative
capacity prior to the effective date of this code shall remain effective for the duration
specified with that approval or under the prior code as it existed on the effective date. If
no date is specified, they shall remain valid for six months. Any changes or amendments
to a prior approval requested after the effective date of this code shall be subject to all
provisions of this code.
3. Continuation of Enforcement. Any violations of a previously valid regulation that
continues after adoption of this code may be enforced as provided by this code. The City
may, in its discretion enforce either the previous regulation or the standards of this Code.
16-1-5 Administration
A. Staff. The following city staff positions are responsible for administering specific aspects of this
code.
1. Community Development Director. The Community Development Director (Director) is
responsible for administration of the development code, and is the principal interpretation
and enforcement official of these regulations. The Director may consult with any other
department or relevant outside agencies to coordinate any plans, policies and programs
that impact the Comprehensive Plan. The Director shall specifically:
a. Prepare and provide development applications, forms, and submittal
requirements; DRAFTPage 51 of 330
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b. Oversee the application and review processes, and prepare presentations and
reports for review bodies;
c. Set the dates for meetings and hearings before the Commission, Board, and
Historic Preservation Commission;
d. Issue official interpretations and approve the use of other resources, guides, and
industry standards used in administering this code.
e. Make all final interpretations and any final administrative decision referred to the
Director under the procedures and standards of these regulations.
2. City Manager and Other Staff. The City Manager is the chief executive and
administrative officer for the City and may make any decision delegated to any city staff
member under this code. All other department heads and staff may serve in an advisory
role to the Director under this code, as designated by the City Manager.
3. Development Review Team. The City Manager or Director may assemble the
Development Review Team (DRT), for any applications that require referral, review, and
comment from any of the departments or agencies. In addition to the Director and City
Manager, the DRT generally includes the Public Works Director, Building Inspector, Fire
Department, and staff from any other relevant departments or their authorized
representatives.
B. Planning & Zoning Commission. The Planning & Zoning Commission (Commission) is the
appointed body of the City responsible for all long-range and comprehensive planning, as well as
review, recommendations and decisions on implementing the comprehensive plan. The
Commission is established according to Title 2, Chapter 5 of the Municipal Code. In addition to
all other general planning authority granted by statute, charter, municipal code, or bylaws, the
Commission shall have the specific review responsibilities and final administrative decisions
referred to it by these regulations, including:
1. General interpretation and application of the standards and criteria to development
proposals;
2. Serving as the principal fact-finding entity for applications that require a public hearing;
3. Advise the Council on all planning and design issues and make specific
recommendations on ordinance amendments, and rezonings;
4. Conduct periodic review of the cumulative impacts of development and public
investments under this code, and make recommendations for updates.
C. City Council. The City Council (Council) is the elected and governing body of the City
responsible for all legislative decisions that affect implementation of the comprehensive plan. In
addition to other general authority granted by law, the Council shall have the appeal authority and
final decision authority referred to it under these regulations, including.
1. Approve ordinance amendments;
2. Approve rezonings;
3. Accept dedications of land and public improvements;
4. Establish fees for development applications, public facilities, and other aspects of
development impacts.
D. Board of Adjustment and Appeals. The Board of Adjustment and Appeals (Board) is created
under the authority of C.R.S. 31-23-307. The Board is established pursuant to these regulations
according the following provisions.
1. Membership. The Council may appoint the Commission as the Board, or alternatively
may appoint a separate Board consisting of seven members and two alternate members
with the following criteria:
a. All members shall be residents of the City.
b. All members shall serve without compensation. DRAFTPage 52 of 330
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c. Each member shall be appointed for a four-year term. Terms shall be staggered
every two years, so that at least two members and one alternate position are up
for appointment every two years.
d. An alternate member shall serve in the absence of any regular member.
e. Any member may be removed by the Council for inefficiency, neglect of duty, or
malfeasance, upon written notice and after a public hearing.
f. Vacancies for unexpired terms shall be filled by an appointment of the Council,
giving preference to alternate members.
2. Officers. The Board shall elect a chairperson and vice chairperson from among its
members. The term of the chairperson and vice chairperson shall be for one year with
eligibility for reelection. Unless otherwise absent or disqualified, the Chairperson shall
preside over all meetings. In the absence or disqualification of the Chairperson, the Vice
Chairperson shall preside. In the absence or disqualification of both the Chairperson and
Vice Chairperson, the next longest-serving Board member shall preside.
3. Proceedings. The Board may adopt rules and bylaws necessary to conduct affairs and in
keeping with this Section and its authority under these regulations, and in the absence of
any rules or bylaws Robert’s Rules of Order shall govern.. Meetings shall be held at the
call of the Chair and at such other times as the Board may determine. The Chair may
administer oaths and compel the attendance of witnesses. All meetings shall be open to
the public.
4. Votes. The quorum for the Board shall be five members. Table 1-1 specifies the number
of votes required to approve any decision based on the number of Board members
present:
Table 1-1: Board Votes
Board Members Present Required Affirmative Votes
7 5
6 5
5 4
5. Appellate Power. The Board is empowered to hear and decide appeals. Specifically, the
Board is empowered to make the following decisions as specified in Chapter 2:
a. Hear and decide on appeals for denial of a building permit.
b. Hear and decide appeals when an error is alleged in any order or determination
made by the Director in the interpretation or enforcement of this code, or other
adopted uniform codes impacting the development standards and other permits.
c. Grant variances to the strict application of the standards in this code.
E. Historic Preservation Commission. The Historic Preservation Board is established by Title 2,
Chapter 18 of the Municipal Code, and shall be responsible for preservation of the historical and
architectural heritage of the City, as provided in that Article. In this role, the Historic Preservation
Commission advises the Council and Commission on matters related to preserving the cultural
resources and historic character of the City and may be consulted by the Commission or Council
during any process under this code that impacts these issues.
F. Advisory Specific Plan Design Review Committee.
1. The Council may appoint an ad hoc advisory Specific Plan Design Review Committee
consisting of one Council member and one Commission member and one Downtown
Development Authority Board member on a rotational per project basis and one or more DRAFTPage 53 of 330
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16-1-5 ADMINISTRATION
Initial Draft Title 16: Englewood Development Code
October 2022 1-5
architectural design professionals recommended by the Director to serve as an Advisory
Specific Plan Design Review Committee for Specific Plan site development plan review in
order to determine compliance with Specific Plan design standards and guidelines.
2. The Advisory Specific Plan Design Review Committee will review the applicant's Specific Plan
site development plans, including the applicant's Specific Plan design standards and
guidelines report. Based upon its review, the Advisory Specific Plan Design Review Committee
shall make recommendations to the City Manager or Director including, but not limited to,
recommendations concerning compliance with Specific Plan design standards and guidelines,
conditions of approval, or whether waiver of certain guidelines are justified.
3. The Specific Plan Design Committee is an informal advisory, and consultative body whose
determinations and recommendations are not binding upon the City Manager or Director.
16-1-6 Interpretation
A. Rules of Construction. The following rules shall apply to the application and interpretation of
these regulations, unless the context clearly indicates otherwise:
1. All words shall have the customary dictionary meaning, as determined by the Director or
other final decision-making authority, unless specifically defined in these regulations, and
be construed in a way that best meets the purposes, intent, and objectives stated in this
code.
2. In case of any difference of meaning or implication between the text and any heading,
drawing, table, or figure, the text shall control.
3. Lists of examples prefaced by “including the following,” “such as,” or other similar clauses
shall not be construed as exclusive or exhaustive, and shall not preclude an interpretation
that includes other similar and non-mentioned examples.
4 A reference to an administrative official shall refer to that official, or their official designee,
and all references to specific city officials may also include any other designee of the City
Administrator.
5. The present tense includes the future tense and the future tense includes the present
tense.
6. The singular includes the plural and the plural includes the singular.
7. The conjunctive “and” in a list means that all connect terms apply; the conjunctives “or”
and “and/or” mean the connected terms may apply singly or in any combination; and the
conjunctive “either...or” means the provisions apply singly but not in combinations.
8. When calculations to determine a requirement of something that cannot be divisible (i.e.
parking space, trees) results in fractions, it shall be rounded up to the nearest whole
number if the standard is expressed as a minimum requirement and rounded down to the
nearest whole number if the standard is expressed as a maximum allowance.
9. “Shall,” “will” or “must” is mandatory; “should” or “may” is permissive but recommended
as a way to best meet the standard or achieve the intent of the standard.
10. Any reference to other official local, state or federal government rules or regulations shall
include the current versions of those regulations, provided they remain binding on the
City, or where not binding, remain consistent with the purposes, intent, and objectives
included in these regulations.
11. References to a person shall include individuals, partnerships, agencies, corporations or
other legal entities and the owner, tenant, occupant, principal, partners, officers,
employees, agents and representatives of any legal entity.
B. Conflicts. This title does not repeal or in any way interfere with existing provisions of other valid
and applicable laws, except where specifically stated. All provisions of this code shall be
considered the minimum requirements to promote the public health, safety and welfare. In case
of a conflict between these regulations and any other adopted rule, regulation or code of the City, DRAFTPage 54 of 330
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or other applicable and valid law, the higher standard shall apply. In making a determination of
which standard is higher, the official may consider which is more specific; which is more
consistent with the Comprehensive Plan; which is more consistent with the purposes, intent and
objectives of these regulations; and which best promotes the public health, safety and welfare.
C. Computation of Time.. Periods defined by a number of days shall mean a number of
consecutive calendar days, including all weekend days, holidays, and other non-business/working
days. However, if the last day falls on a Saturday, Sunday, or legal holiday, the period extends to
the next day that is not a Saturday, Sunday, or legal holiday.
D. Interpretation of the Zoning Map. In determining the boundaries of zones shown on the map,
the following rules shall apply:
1. Unless otherwise indicated, the zone boundaries are the centerlines of streets, alleys,
parkways, or channelized waterways, or such lines extended. Where a district boundary
line is shown as adjoining a railroad right-of-way, the line shall coincide with the such
railroad right-of-way line.
2. If a district boundary line extends in the direction of the length of a block, the line shall
coincide with the centerline of the block.
3. If a district boundary line is shown as approximately following platted lot lines, the line
shall coincide with platted lot lines.
4. If a district boundary line divides a platted lot or crosses unsubdivided property, the line
shall be determined by dimensions shown upon the zoning map.
5. If a district boundary line is shown by a specific dimension, the specific dimension shall
control.
6. If a district boundary line is located with reference to a fixture or monument, the location
of the fixture or monument shall control.
7. If the street layout or stream course actually on the ground varies from the layout as
shown on the map, the Commission shall interpret the map according to the reasonable
intent of this Title.
8. In the event a dedicated street or alley shown on the map is vacated by ordinance, the
property shall be included within the zone of the adjoining property on either side of the
vacated street or alley. In the event the street or alley was a zone boundary between two
or more different zones, the new zone boundary shall be the former centerline of the
vacated street or alley.
16-1-7 Severability
A. If any court of competent and final jurisdiction declares any part of this development code to be
invalid, that ruling shall not affect any other provisions of this development code not specifically
included in that ruling.
B. If any court of competent and final jurisdiction declares that the application of this development
code to a particular property or structure is invalid, that ruling shall not affect the application of the
regulations to any other property or structure, or to development with different circumstances.
C. No provision of this code shall enable any circumstance that is unlawful under superseding
federal or state law. If any section, subsection, sentence, clause, phrase, or portion of this code
is now or in the future superseded or preempted by state or federal law, or found by a court of
competent jurisdiction to be unauthorized, such provision shall be interpreted and applied as
required by law.
D. The City Council of the City of Englewood hereby declares that it would have phrased this Title
and each article, section, subsection, sentence, clause or phrase, irrespective of the fact that any
one or more articles, sections, subsections, sentences, clauses and phrases be declared invalid. DRAFTPage 55 of 330
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16-1-8 NONCONFORMITIES
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16-1-8 Nonconformities
A. Intent. The general policy of the City is to allow uses, buildings and lots that were created legally
and in conformance with then-applicable requirements, but that do not conform to the current
applicable requirements of these regulations, to continue to be put to productive use. However, it
is the City’s intent to bring as many aspects of these nonconformities into compliance with current
regulations as is reasonably practical. The intent of this section is to balance the interests of
property owners in past investments, discourage investment that expands or reinforces non-
conforming situations, and promote investment consistent with the Comprehensive Plan and
these regulations.
B. Burden of Proof. The burden shall be on the applicant to establish that the nonconformity was
established lawfully and the entitlement to continuation of nonconforming situations or completion
of nonconforming projects according to this section. Owners of nonconformities may request a
“certificate of legal nonconforming status” by filing an application with the Director, and once
issued may record the certificate in the Arapahoe County Clerk and Recorder’s Office.
C. Nonconforming Uses. Uses that were legally initiated prior to the adoption or amendment of
this code, but which could not be continued under the current terms of this code, may continue to
exist subject to the following:
1. The use shall not be expanded beyond any specific area of the site or lot where it was
legally established, beyond any existing building or structure, or within any building or
structure where any structural changes expand the exterior footprint or building or
structure. The Director may consider an exception based on the following findings:
a. The enlargement of the structure or buildings is only to facilitate conforming uses
or activities, and does not otherwise allow, encourage or promote expansion or
increase impacts of the nonconforming use;
b. The enlargement of the structure or buildings shall not result in conversion of the
nonconforming use from a seasonal to a year-round operation or otherwise
expand the time of operations; and
c. The enlargement of the structure or buildings complies will all applicable
development standards.
2. Any use accessory to a principal nonconforming use shall not be permitted absent the
principal use, and continuation of accessory uses shall not avoid any abandonment
period for the nonconforming principal use. No additional accessory building or use not
present when the nonconforming use was established shall be permitted, unless they are
in conformance with existing standards for the zone district.
3. If active and continuous operations are not carried on during a period of 180 days, the
use shall not be reestablished and all subsequent uses shall be in conformance with the
provisions of this code.
a. Intent to resume active and continuous uses shall not count towards
reestablishing the use.
b. A nonconforming home occupation shall be considered abandoned if the
occupants of the dwelling who were conducting the use discontinue either their
occupancy of the dwelling or the non-conforming home occupation.
c. A change of operator or sale of use shall not be considered discontinued,
provided that neither the previous or current business or owner combined to
cease operation for 180 days or more.
4. No person shall move a nonconforming use within the same parcel or to another parcel
unless the relocation conforms to this code.
5. Any change of use shall be to a conforming use, and at this time the nonconforming use
shall be abandoned. The Director may consider and authorize a change to a lessor non-
conforming use considering the extent, intensity, or operations of the use, provided it DRAFTPage 56 of 330
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does not otherwise include investments that extend the period that the property is not
conforming to this code.
6. Any structure in which a non-conforming use is carried on that is damaged to the extent
of more than 60% of the current value, as determined by the method of valuation for
building permits, shall not be restored to support the non-conforming use.
7. Any new activity that triggers specific site design standards shall require full compliance
with that site design standard in order for the nonconforming use to continue, and the
presence of a non-conforming use shall not be used to justify not meeting other
applicable standards.
D. Nonconforming Structures. Structures other than signs that were legally constructed prior to
the adoption or amendment of this code, but which could not be constructed under the current
terms of this code, may continue to exist subject to the following:
1. Rehabilitation or expansion of the structure that increases the degree of nonconformity is
prohibited. Other rehabilitation or expansions may occur provided that they comply with
all other requirements of this code; are not detrimental to the purposes, intent and
objectives of the standards; and do not negatively impact development in conformance
with this code on adjacent property. In general, no repairs or alterations that exceed 60%
of the current value of the structure, as determined by the method of valuation for building
permits, shall be permitted.
2. If damaged by 60% or less of its total replacement cost, the structure may be restored to
its original condition if work obtains a permit within 90 days, work is commenced within
180 days, and work is completed prior to expiration of the permit.
3. If the structure is determined obsolete or substandard by virtue of any applicable code
beyond this Title, and the cost of improvement or restoration is 60% or more of the
current value, as determined by the method of valuation for building permits, then the
right to maintain the nonconformance shall terminate.
4. Structures granted variances from the dimensional standards are not considered
nonconforming and are not subject to the limitations of this section, provided that the
structure and owner comply with any terms of the variance and the circumstances
surrounding the variance have not substantially changed.
E. Nonconforming Site Conditions. Any site condition associated with a conforming use or
structure (such as parking, landscape, open space or other non-building site characteristic) in
existence prior to these regulations, but which are not compliant with the standards of these
regulations, may continue to exist subject to the following:
1. Any change of use or expansion of use shall require compliance with the new site
standards up to the maximum extent possible, considering the level of investment
needed to support the new use and the extent of area being impacted by work to support
the new use.
2. Any site development activity on a portion of a site shall require compliance with the new
standards proportional to the area subject to the development activity. For example, a
site that is not compliant with the landscape standards must meet the landscape
standards prorated to the portion of the site where development activity occurs, but the
remainder of the site may remain nonconforming.
3. Any change of use, building or site design element that triggers a screening requirement
shall require 100% compliance with all screening standards applicable to the site.
4. Where any investment is greater than 60% of the current replacement value of the site or
can reasonably be interpreted as impacting more than 60% of any one component of the
site, the site or that component shall be brought into full compliance with these standards.
F. Nonconforming Lots. Any lots platted legally prior to the adoption or amendment of this code,
but which could not be platted under the current requirements of this code, may continue to exist
provided it complies with this sub-section. Any difficulties meeting these standards caused by the
nonconformance of the lot may be used as criteria in granting any relief to these standards. The DRAFTPage 57 of 330
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size and shape of any nonconforming lot shall not be altered in any way, except to increase the
conformity with these regulations
1. Two abutting nonconforming lots shall be considered an undivided single lot for the
purposes of accommodating a detached house or other permitted building type if the lots
are in single ownership and share a continuous frontage.
2. In any district that allows detached houses, a detached house and customary accessory
buildings may be erected on any nonconforming lot not eligible for a lot combination,
provided all standards other than lot dimensions standards are met.
3. In any district that does not allow detached houses, the nonconforming lot not eligible for
a lot combination may be used for the smallest-scale building type permitted in the district
by these regulations, provided all standards other than lot dimension standards are met.
G. Nonconforming Signs. Existing signs which do not conform to the specific provisions of these
regulations are designated as nonconforming signs. With the exception of signs designated as
landmark signs by the Historic Preservation Commission, nonconforming signs must be brought
into compliance with this code or must be removed when any of the following conditions exist:
1. When the property or premises upon which the sign is located is vacant for a period of at
least 60 days.
2. When a sign and/or sign structure is damaged or destroyed in a monetary amount which
exceeds 50% of its total replacement cost or becomes a hazard or potential hazard.
3. When there is a zone change initiated by the business or property owner.
4. When an existing structure upon which the sign is located is relocated, replaced, or
changed in size, location, height or setback.
5. When the sign is relocated, replaced, or changed in size, location, height or setback.
6. When the structure or size of the sign is altered in any way except towards compliance
with these regulations. This does not refer to change of copy or normal maintenance.
8. When improvements are being made to 40% percent or more of the facade of a building
on which a nonconforming sign is located.
H. Limited Expansions.. In association with any development application in Chapter 2, the City
may determine that any existing non-conforming use, site, or building may be continued with
protections beyond that provided by this Section, and expand limited by the following:
a. An existing residential building with non-conforming setbacks may be expanded to the
extent of the existing setback, provided it does not increase the extent of the non-
conformity by more than 50% of the current nonconformance.
b. An existing residential building may be extended beyond existing setbacks to match
prevailing conditions on adjacent lots or in the vicinity, provided the encroachment is no
more than 5 feet.
c. An existing residential building may be expanded to continue a non-conforming use,
provided that the existing building and proposed expansion is determined to have a
lessor impact than what is otherwise allowed in the district subject to current standards.
d, It is determined that the expansion preserves buildings and patterns that are consistent
with the intent of the zoning district and this Section.
e. It is determined to have no negative effects on the long-term development within the
district, and to abutting uses or potential uses.
f. The proposal meets all other criteria of the associated application, except for the
nonconformity.
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16-1-9 Enforcement
A. Enforcement. The provisions of this Title shall be administered and enforced by the Director.
Zoning enforcement personnel will have all legal powers necessary to enforce this Title.
B. Enforcement Officer. The Enforcement Officer shall be responsible for the enforcement of all
provisions contained in this Title and is authorized to undertake all investigations of violations of
this Title, to issue notices and orders, to issue summons and complaints for prosecution in the
Englewood Municipal Court, to bring any legal action in other courts of competent jurisdiction, and
to take other measures as are necessary for the enforcement of the provisions of this Title.
Summons and complaints issued by the Enforcement Officer may be served by the Enforcement
Officer, a Code Enforcement Officer, or a Law Enforcement Officer.
C. Stop Orders. Whenever the use of property or the construction of any building or structure is
contrary to the provisions of this Title, the Enforcement Officer may order the use of the property
or the construction to be stopped by serving notice in writing on any person, firm or corporation
engaged in using said property or in doing or causing such work to be done, or by posting such
notice in a conspicuous place on said property when no such person, firm or corporation can be
served in the aforesaid manner. No oversight or dereliction or error on the part of the City of any
employee of City shall legalize, authorize, or excuse the violation of any of the provisions of this
Title.
D. Enforcement Process.
1. Administrative Notice of Violation.
a. Issuance of Administrative Notice. The Enforcement Officer shall provide written
notice to the owner(s) of the premises upon which exists a known or suspected
violation of this Title. Such notice shall be served upon the owner(s) by posting
such notice on the property, by personally serving the notice to the owner(s), or
by sending the notice certified, return receipt requested via U.S. Mail, postage
prepaid, to the last known address of the owner(s).
b. Receipt of Notice. The notice shall be deemed received immediately if directly
communicated with the owner(s), or primary contact, through either personal
notification or telephone call. Notice shall be deemed received 72 hours after
posting the property, publication in a newspaper of general circulation, or by
certified mailing, return receipt requested via U.S. Postal Service, postage
prepaid.
c. Administrative Notice. The administrative notice shall include that information
deemed necessary by the Enforcement Officer, including: 1) common address or
legal description of the property upon which the violation is located, 2) citation to
any section of the Code of which a violation is alleged to exist, 3) description of
the violation(s) occurring upon the property, 4) an administrative order to correct
the violation within 10 days of the receipt of the administrative notice (unless
other provided within a specific section or Chapter of this Title), 5) notice of the
procedure to appeal an administrative notice of violation, and 6) notice that
failure to correct such violations may result in criminal prosecution, including the
possible maximum fines and penalties associated with conviction upon such
charges.
d. Compliance Inspection. Within five days following receipt of the administrative
notice, the property owner or primary contact shall contact the Enforcement
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in compliance with the Code. The Enforcement Officer is authorized to provide
one extension to the administrative notice of no more than five days following an
inspection of the property if the Enforcement Officer believes the property owner
made a good faith but unsuccessful effort to correct the violation(s), and such
violation(s) may be successfully remediated if provided an additional five days.
2. Summons and Complaint; Notice to Appeal; Right to Proceed; Fines and Costs.
a. If the owner or primary contact fails to schedule a time for the inspection within
10 days following service of the administrative notice (unless otherwise provided
within a specific section or Chapter of this Title), the Enforcement Officer may
seek a search warrant for the inspection of the premises under the provisions of
Section 1-7A-4 of the Englewood Municipal Code.
b. If the Enforcement Officer has not completed an inspection of the property and a
determination that the property is in compliance with the Code within 10 days
following receipt of the administrative notice, the Enforcement Officer is
authorized to issue to the owner a summons and complaint and notice to appear
in the Englewood Municipal Court to answer to charges of a violation of this
Chapter.
c. Should any owner(s) of such property contest the charge, the City shall not be
precluded from addressing the violations of this Chapter, or any other Title of the
Englewood Municipal Code which are applicable, through administrative or civil
action to bring the property into compliance with this Chapter or the Englewood
Municipal Code, or any other applicable law or regulation.
d. Any persons found guilty, or by the entering of a plea of guilty or nolo contender,
to any violation of this Title shall be subject to the provisions of the General
Penalty, EMC Section 1-4-1, and shall be ordered to remediate the violation and
bring the subject property into compliance with this Title.
e. Any person convicted of a violation of this Title shall be assessed the costs
incurred by the City in association with service of the administrative notice,
including publication and mailing fees, and service of the summons and
complaint, including process server fees, in association with the enforcement of
this Chapter.
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Chapter 2 Procedures
Table 2-1 Summary of Applications and Procedures
16-2-1 General – All Applications
16-2-2 Text Amendment
16-2-3 Map Amendment
16-2-4 Specific Plans (Regulating Plan)
16-2-5 Planned Unit Development (PUD Rezoning)
16-2-6 Site Improvement Plan
16-2-7 Major Subdivision Plat
16-2-8 Minor Subdivision Plat
16-2-9 Conditional Use Permit
16-2-10 Zoning Variance
16-2-11 Administrative Adjustment
16-2-12 Appeal
16-2-13 Vested Rights
Table 2-1 Summary of Applications & Procedures
Eligible
Applicants Pre-App.
Meeting
Neighbor
-hood
meeting
Notice Review Body
Owner PC CC Post Publish Mail Dir. PC CC BAA
Text Amendment (16-2-2) ◼ ◼ R R/PH D/PH
Map Amendment (Rezoning) (16-2-3) ◼ ◼ ◼ R R/PH D/PH
Specific Plans (Regulating Plan) (16-2-4) ◼ R R/PH D/PH
PUD Rezoning (16-2-5) ◼ ◼ ◼ R R/PH D/PH
Site Improvement Plan (16-2-6) ◼ D A
Major Subdivision Plat (16-2-7) ◼ R R/PH D/PH
Minor Subdivision Plat (16-2-8) ◼ D A
Conditional Use Permit (16-2-9) ◼ R D/PH A
Zoning Variance (16-2-10) ◼ R D/PH
Administrative Adjustment (16-2-11) ◼ D A
Appeal (Administrative Decision) (16-2-12) ◼ ◼ ◼ -- -- -- D/PH
= Required
◼ = Authorized
Dir. = Director or designee
PC = Planning & Zoning Commission
CC = City Council
BAA = Board of Adjustment & Appeals
R = Review and Recommending Authority
D = Decision Making Authority
A = Appeal of Decision
PH = Public Hearing Required
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16-2-1 General – All Applications
A. Applications & Fees
1. Forms. Applications required under this code shall be submitted to the Community
Development Department on forms supplied by the Department. The Director is
authorized to establish application forms and submittal requirements to ensure all
applications can be evaluated for conformance with this code. The Director may waive
any required information at the time of application if it is not applicable to the review
criteria due to the routine nature of the application or due to the context of the proposed
development.
2. Fees. Applications shall be accompanied by a non-refundable fee established by the City
Council’s Annual Fee Resolution. Fees shall not be required with applications initiated by
the staff on behalf of the Commission or Council.
3. Eligible Applicants. Table 2-1 indicates applicants eligible for each application, which
may include the following:
a. Owner. The record owner of property that is the subject of the application or an
agent authorized by written permission of the owner.
b. Planning and Zoning Commission. The Planning and Zoning Commission, acting
on its own initiative or through recommendations brought to it by city staff.
c. City Council. The City Council acting on its own initiative or through
recommendations brought to it by city staff.
B. Concurrent Applications. When a project requires approvals under more than one type of
application, the Director may determine that each application may run concurrently based on the
following:
1. The similarity of information required for each application, or ability of the applicant to
coordinate different information required for each application.
2. The similarity of notice, timing, procedures, meetings, and review bodies required for
each application.
3. The ability of the staff and review bodies to make effective decisions and evaluate
different review criteria when reviewing the applications concurrently.
In cases where the Director determines applications may run concurrently, the application shall
be processed through the highest review level of any joined application, and no decision shall be
considered final until the last of the related decisions has been made.
C. Pre-application Meeting. Pre-application meetings may be requested for any application and
shall be required as indicated in Table 2-1. A required pre-application meeting may be waived at
the Director’s discretion and upon the applicant’s request, for any application that is routine in
nature and where the topics below can be addressed by general correspondence. The applicant
shall provide sufficiently detailed plans and descriptions of the proposal to enable the applicant to
confer with the Director and other city staff on the general nature of the project, including:
1. How the proposed project meets the goals of the Comprehensive Plan, or other specific
plans or policies applicable to the area.
2. The applicant’s vision and understanding of the market for the proposed project.
3. How the project will contribute to the area and further the intent of the zoning district.
4. The proposed uses, general site layout, and conceptual or anticipated design of
buildings, including how the project relates to surrounding sites and public spaces.
5. Infrastructure capacity and impacts, including timing, phasing, or the need for any
improvements, technical studies, or outside agency review.
6. Development review processes and review criteria, and whether any special public
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7. Opportunities to improve designs or coordinate the preliminary concepts with other
private or public investments in the area.
D. Neighborhood Meeting. A neighborhood meeting shall be required as indicated in Table 2-1,
and the Director may require a neighborhood meeting for other projects that are complex, present
significant changes, or have potential for unanticipated impacts on property in the vicinity.
Neighborhood meetings shall meet the following:
1. Timing. The meeting shall be coordinated with other reviews and hearings to ensure that
adequate and current information on the nature, scope, and scale of the project is
available, and the public comments can be considered in the formal application.
2. Location. The applicant is responsible for coordinating the meeting location, and the
meeting shall be held at a public meeting facility within the City, such as a school, city
building, community recreation center, or other convenient and accessible meeting
center.
3. Notice. The applicant is responsible for notification of the neighborhood in the manner
and format prescribed by the City on the application forms. The notice may be
coordinated with any other official notice required by this code for the application. The
applicant shall receive confirmation of the time and location of the meeting from the
Director prior to scheduling and notice.
4. Content. The applicant is responsible for all content of the meeting, which at a minimum
shall include:
a. The general nature and scope of the proposed project;
b. A summary of the proposed land use, including planned or all potential future
uses under the request;
c. The most recent plans and submittals available for the project, depicting the
scale, location, and design of any buildings and the relation of all site
improvements to the streets and adjacent property; and
d. Identify and explain the subsequent formal review steps with the City, and note
that official and formal review by the City may result in changes from the initial
concepts.
5. Summary. The applicant shall prepare summary minutes of the meeting including
evidence of the notice, attendance, content, discussion summary, and outcomes of the
meeting. This information shall be included with or supplement the formal application.
E. Staff Review. Upon receipt of an application, the Director shall take the following steps:
1. Determination of Complete Application.
a. The City shall determine if an application is complete within 10 days of its filing.
b. An application shall be considered complete if it has all information required on
submittal forms, and any additional information added to the form or requested in
a pre-application meeting, and the application fee.
c. Complete applications shall be processed for formal review according to this
code.
d. If an application is determined incomplete, the Director shall notify the applicant
of the specific ways in which the application is deficient. No further processing of
the application shall occur until the deficiencies are corrected. If a deficient
application is not corrected within 30 days of the notice, the incomplete
application may be considered withdrawn.
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a. Specific applications may require review by the Design Review Team (DRT) as
established in Section 1.03.A.3, and the Director may determine that any
application can be reviewed by the DRT when it affects issues or facilities
significant to other departments and outside agencies.
b. The Director or DRT may require referral to any other agencies for review and
comment, based on the details of an application, including:
(1) Arapahoe County affected departments
(2) Colorado Department of Transportation
(3) Colorado Division of Wildlife
(4) Gas and electric utilities;
(5) Telecommunications and cable providers;
(6) Public safety agencies (police, fire, EMS, health);
(7) Respective school district(s) in which the subject property is located;
(8) Water and sewer utilities;
(9) Ditch companies;
(10) Special districts; and
(11) Other local, state, or federal government agencies.
c. Failure to receive comments from referral agencies may allow the Director to
delay the application. However, if the applicant demonstrates sufficient due
diligence in attaining comments, the Director may interpret the failure to comment
as consent to the application by the agency.
d. The applicant shall be responsible for coordinating all subsequent requirements
or comments, and for notifying any agency prior to final review of any changes
that may affect their comments on initial plans.
3. Staff Comments. The Director shall coordinate a staff review and may provide the
applicant the following information in writing:
a. Comments or recommended changes based on the results of any referral agency
comments, neighborhood meetings, or staff review.
b. Any supplemental information necessary to support the application or to address
comments or recommended changes.
c. If the applicant chooses not to address any particular comment or recommended
change, a written statement shall be included with the resubmittal that
demonstrates a good faith effort to address the issue and justify why the
comment was not addressed. The applicant may request to schedule the
application for official review based on this justification.
d. If the applicant fails to submit revisions or otherwise address any comments from
the Community Development Department in writing for more than 120 days, the
Director may determine the application withdrawn and the review terminated.
Any further action will require a new application and fees.
4. Scheduling. Applications that have completed DRT or staff review, and addressed any
comments or recommended changes, shall be scheduled for further review according to
these regulations. The city shall notify applicants in writing of the date, time, and place of
any scheduled meetings.
5. Staff Report. The Director shall prepare a staff report for applications that require review
and decisions by other review bodies. The report shall identify the appropriate policies,
plans, regulations, and review criteria, and identify relevant facts of the application. The
Director shall provide a copy of the report to the reviewing body and to the applicant in
association with the published agenda and packets.
F. Notice. Notice shall be provided for each application as indicated in Table 2-1, in accordance with
the following:
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1. Content. Except where modified for specific notice methods below, all notice shall include
the following:
a. The date, time, and place of the meeting;
b. General information on the application including the project location and type of
application;
c. The name of the applicant and others responsible for decisions on the design and
development.
d. Contact information where additional details may be found.
e. To assist in reaching any non-literate or non-English speaking populations, all
posted and mailed notices shall include a prominent question mark symbol
followed by the telephone number of the City.
2. Published. Where published notice is required, at least 10 days prior to the public
hearing or meeting, the Director shall publish the notice on the City’s official website or in
the newspaper designated by the Councill as the City’s official newspaper.
3. Posted. Where posted notice is required, notice shall be posted on the property or near
the proposed site, visible to surrounding properties and the general public from adjacent
public ways, according to the following:
a. The Director shall determine the number, type and specific location of signs
based on the context of the property, which typically includes one sign for each
street frontage.
b. The sign shall be at least 22” x 28”; at least 4’ above ground level; at least 1”
black letters, and designed to be legible from the adjoining street. The Director
may further specify sign size and color for particular application son the
application forms. .
c The applicant shall ensure that all signs are posted for at least 10 consecutive
days prior to the public hearing or meeting.
d. The applicant shall make a reasonable good faith effort to maintain posted notice
throughout the proceedings, and provide evidence or a statement of compliance
at the time of the public hearing or meeting
e. In the case of notice posted for an administrative decision, the sign shall be
posted for at least 10 consecutive days prior to a decision.
f. The applicant shall remove all signs within 7 days after conclusion of the
proceedings.
4. Mailed. Where mailed notice is required, the applicant shall mail to the following, at least
10 days prior to the hearing or review meeting:
a. All occupants and property owners within 1,000 feet shown by the records of
Arapahoe County Assessor’s office within 30 days of the required mailing date
b. Where mailed notice is not required, or where notice beyond these requirements
is determined necessary, the Director may require additional notice in the
following situations:
(1) Where large parcel sizes on the perimeter of the project result in
notification to only immediately adjacent owners;
(2) Where a large project is likely to have direct impacts beyond 1,000 feet;
or
(3) Other situations where the Director determines that additional notice may
be necessary due to the context or nature of the project causing potential
impacts beyond the required notice distance.
c. Where a neighborhood meeting is required, the notice may include both the
information on the neighborhood meeting and the public meeting.
d. The applicant shall provide a mailing list and certify that the letters were mailed
as required, prior to the meeting or hearing.
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5. Surface Development Notification. Where mailed notice is required by state statutes for
any project related to mineral estate owner identified on the county tax assessor’s records
or who has filed in the office of the county clerk and recorder a request for notification, the
applicant shall be responsible for notice. The applicant shall certify that notice has been
provided as required by this code and Colorado law prior to a public hearing, public
meeting, or administrative decision.
6. Additional Hearing or Meeting Dates. For any application where mailed or published
notice is required by this code or Colorado law, and the reviewing authority adjourns or
continues to the review to a certain date, time and location, no new notice shall be
required.
7. Failure of Notice. Any failure of published, posted, or mailed notice shall not invalidate any
subsequent process or decision; however, the Director or review body may elect to
postpone any review or decision until the notice requirement is fulfilled. In making this
decision, the Director or review body shall consider whether:
a. Good faith efforts were made to comply with notice, and the failure of notice was
beyond the applicant’s control;
b. Technical errors in the notice were made, but constructive and actual notice was
available to all interested parties; or
c. The failure of notice is not otherwise instrumental to the proceedings, criteria, or
record established for the decision.
G. Public Hearings. Where public hearings are required by Table 2-1, the following procedures
apply:
1. The hearing shall be conducted, and a record of the proceedings shall be preserved. If a
transcript is required, the person or entity requesting the transcript shall pay the cost of
the transcript. A written summary of the relevant testimony and evidence may be utilized
in place of a transcript where a transcript is not required.
2. The review body shall hear any relevant evidence or statement provided by the applicant
or its representative, and by city staff.
3. Any interested person or party may appear and be heard in person or by an authorized
agent.
3. The review body may request testimony or a written statement or report on the
application from any government official or agency, or any other person with information
pertinent to the application.
4. A public hearing for which proper notice was given may be continued to a later date
without again requiring notice provided in this section if the specific date, time and place
of the continued hearing is announced at the original hearing.
5. If the review body is a recommending body, a written summary of the meeting and the
recommendation shall be forwarded to the decision-making body.
6. A review body is authorized to establish meeting procedures and bylaws regarding
specific conduct and management of public hearings, within the parameters of these
regulations.
H. Action by Review Bodies. Review bodies shall take the actions indicated in Table ##. A review
body may take any action on the application consistent with notice given or criteria in this Article,
or recommend such action when the review body is a recommending body, including the
following:
1. Approve the application.
2. Approve the application, with conditions or modifications that make it more consistent
with the standards and approval criteria.
3. Deny the application, with specific reasons for the denial.
4. Continue the application to allow further analysis or collect additional information. The
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consent of the applicant. A review body shall not continue an application more than once
without consent of the applicant.
I. Appeals. Any final decision made under this code by an administrative official may be appealed
through an Administrative Appeal application according to 16-2-12 and Table 2-1. Appeals of
decisions on development applications may be made specified for each application in Table 2-1
and the sections for that application. Where no appeal is designated, the decision shall be final
and only appealed as authorized by law. The following shall apply to all appeals:
1. Appeals shall be filed with the Director within 30 days of the final decision.
2. Appeals shall identify the exact provisions in dispute and whether the decision is incorrect
due to one or more of the following:
a. It was against the express standards of this development code;
b. It was an unreasonable interpretation of the standards, application, or review
criteria;
c. It was erroneous, based on the record and facts reviewed by the decision-making
body; or
d. It was otherwise clearly contrary to law.
3. The following persons and entities shall have standing to appeal the action of the review
body:
a. the applicant, or property owner of the subject property;
b. the City Manager, on behalf of any public official, department, or public body;
c. any person who received mailed notice of an application and who testified or
entered a written statement at a public hearing; and
d. any other person who was aggrieved and materially affected by the decision, and
otherwise has a right to appeal by law.
4. The appellate body shall consider the application based on the established record, within
60 days of the date that the appeal was filed. It shall give deference to the previous
review body, but may take any action authorized by the decision-making body under this
code if it determines that a clear error was made. The procedure and required notice
shall be the same as required of the original application.
J. Technical Studies. The Director, on behalf of any public official, department, or agency, the
Commission, or the Councill, may require applicants to submit technical studies necessary to
evaluate the application. Technical review by outside entities with expertise or jurisdiction over
some aspects of the application may be required in place of, in addition to, or in association with
any studies. Examples include traffic studies, infrastructure capacity and impact analysis,
geologic or hydrologic studies, environmental impact assessments, noise studies, market studies,
or fiscal and economic impacts. The persons or firms preparing the studies shall be subject to
the approval of the Director. The costs of all studies shall be borne by the applicant. Any
application that is determined to require technical studies or review from outside entities may
require special schedules based on the reasonable time frames to conduct those studies or
additional reviews.
K. Permits. Upon final approval for each application as specified in this Chapter, applicants may
apply for all permits necessary to construct buildings, infrastructure, and site improvements.
Permits may require submittal and further review of plans and specifications necessary to show
full compliance with the standards of this code, other applicable City codes, or other agency
requirements or laws.
L. Successive Applications. When the review body takes final action to deny an application, the
same or a similar application shall not be refiled for one year from date of denial. The Director
may permit a refiling of the application sooner than one year when it is determined that significant
change in the context or requirements have occurred that may affect the outcome of the action on
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substantially different from a previously denied application, when considering the proposed use,
scale or intensity of development, and potential impacts on adjacent property.
16-2-2 Text Amendment
A. Applicability. Text amendments to these regulations may be initiated by the Council or the
Commission.
B. Review Criteria. A text amendment shall be reviewed according to the following criteria:
1. The amendment furthers the purposes of these regulations in Section 1.01.C., and the
intent or design objectives of any specific section.
2. The amendment is consistent with the Comprehensive Plan considering its long-range
affects and immediate impacts.
3. The amendment promotes the public safety, health, and general welfare of the
community in the City of Englewood.
4. The amendment improves the effectiveness and efficiency of administering the
Development Code.
C. Review Procedures. In addition to the general requirements in Table 2-1 and Section 16-2-1,
the following requirements are specific to text amendment applications:
1. Applications may be accompanied by a related Comprehensive Plan amendment or more
specific plan, provided the amendment or plan has been officially adopted.
2. The Councill may refer the amendment to any City department or agency, or return it to
Commission for further study or additional information at its next regular meeting. Failure
by the Commission to consider or revise its recommendation shall be considered a
resubmission of its original recommendation.
D. Effect of Decision. Amendments to the text of these regulations shall be approved by the
Council by an ordinance and be effective after the date specified in the ordinance. An amendment
to the text of this Title shall not lapse but shall remain in effect until superseded by a later or
inconsistent amendment.
16-2-3 Map Amendment (Rezoning)
A. Applicability. The map amendment (rezoning) process provides review of changes to the
boundary of zone districts that may be necessary to implement the Comprehensive Plan, to
account for changed conditions in the general area, or to reflect a change in policies with respect
to future development. Application for a change of zone may be filed by the property owner, the
Councill, or the Commission.
B. Review Criteria. Review, recommendations, and decisions for a proposed map amendment
shall be based on the following criteria.
1. The change furthers the purposes of these regulations in Section 1.01.C.
2 The proposal is consistent with the Comprehensive Plan or any other specific plan, policy
or guidance adopted pursuant to that plan.
3. The property is capable of meeting the intent of the proposed zone district. Specifically, it
shall meet the following thresholds for the base zoned district:
a. The property shall be a minimum of 37,500 square feet of land area and
contiguous to a compatible base district.
b. For purposed of this Section “compatible zoned districts are the same base
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c. The contiguity to a compatible district can be waived where the transition in
districts, land use, or development form and scale is consistent with and
implements the Comprehensive Plan.
d. The minimum threshold does not apply to PUD zoning, provided the PUD
request meets all procedures and requirements of 16-2-4.
4. The change is necessary for at least one of the following reasons:
a. There has been a material change in the character of the area or in the City
generally, such that the proposed rezoning is in the public interest.
b. The current zoning is in error; or
c. The property cannot be developed, or no reasonable use can be achieved under
the current zoning.
5. The uses and development enabled by the new zone will not have a significant negative
impact on surrounding property, and any anticipated impacts can be reasonably mitigated
by sound planning, design, and engineering practices.
C. Review Procedure. In addition to all applicable general procedures in Table 2-1 and Section 16-
2-1, the following specific procedures shall apply to map amendments:
1. Following a pre-application meeting, the applicant shall hold a neighborhood meeting.
The maximum time between a neighborhood meeting and a public hearing before the
Commission shall be 180 days. If a public hearing is not scheduled within 180 days, the
applicant shall be required to hold another neighborhood meeting.
2. Applications may be accompanied by any plat, site plan, master plan or other
development concepts necessary to review conformance with the Comprehensive Plan.
The Commission may recommend, and the Council may approve a rezoning based on
the condition that the plat or site improvement plans are approved according to this code
either prior to or within a certain time after Councill action.
3. The Council may refer the map amendment back to Commission for further study or
additional information at its next regular meeting. Failure by the Commission to consider
or revise its recommendation shall be considered a resubmission of its original
recommendation. No substantial amendment to a recommendation by the Commission
on a map amendment may be made unless it is referred back to the Commission for
comment.
4. The Commission may recommend, or Councill may approve, a lessor change than was
proposed in the notice, whether in extent of property or project area, or to a zoning district
that permits a lessor scale and intensity of uses or other development standards.
D. Effect of Decision.
1. A map amendment shall be effective by an ordinance approved by the Councill, and the
City Clerk shall record a copy of the ordinance with the Arapahoe County Clerk and
Recorder. The applicant shall pay all required recording fees.
2. The Director shall make the change on the official map by an actual change or other
record identifying the date, adopted ordinance, and associated property.
3. The approved map amendment remains in effect after the effective date of the ordinance,
unless changed by the Councill according to the procedures in these regulations.
16-2-4 Specific Plan (Regulating Plan)
A. Applicability. Specific plans create integrated plans and development codes for a defined
district, and pursuant to the purposes of this code embellish and replace the otherwise
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and site and building designs may be permitted based on more detailed planning and urban
design strategies. Specific plans are designed to improve the relationship of projects to the
context, and predictability to the design and development review, and expedite projects that
more clearly meet the intent and design objectives for development in the specific area.
Specific plans are a type of zoning map amendment and may be initiated by the Council or
Commission.
B. Specific Plan Content. A specific plan shall include the following general components, which
may be created in unison or in coordinated stages through a planning process:
1. Existing Conditions. Existing conditions provide and analysis of the current situation on
the property regarding all uses, structures, infrastructure, public spaces, and natural
features, and how the relationship of these features to each other and adjacent property
may change.
2. Concept Plan. A concept plan presents the vision for the project through maps,
conceptual illustrations, and narratives on the development goals and objectives. It shall
determine the general character, scale, intensity, and arrangement of development within
the district. The concept plan shall demonstrate transitions within the district,
relationships to adjacent areas, and include sufficient planning analysis and design
concepts to demonstrate that the need for and extent of any flexibility in the development
standards. The concept plan shall also indicate any phasing or other contingencies in the
build out of the specific plan.
3. Framework Plan. A development framework plan is a design plan for the public realm
and public improvements. It outlines the location, design characteristics, and functions of
all proposed streets, blocks, and open and civic spaces – whether public, common or
private, and the timing and phasing of any required public improvements. A development
framework plan that includes all of the elements for a plat in Section 16-2-7 may be
proposed as an official application for a plat.
4. Regulating Plan. A regulating plan becomes the zoning map for the specific project. It
shall be based on the most comparable base zoning district(s), but specifically identify
where standards differ from those that would otherwise be applicable through the zoning
district(s), including:
a. Permitted uses within each district, including refinement, additions, or
subtractions from the base district;
b. Building types and lot development standards;
c. Access and parking standards;
d. Landscape design standards, and coordination with the public, common, and
private spaces on the framework plan;
e. Architectural standards, guidelines, and supporting illustrations or any other
detailed plans that demonstrate how development projects will be executed
according to the concept plan;
f. Criteria or procedures for review of site improvement plans.
In the absence of any specific additions or modifications in the regulation plan the
generally applicable standards of this code will control.
C. Review Criteria. Review, recommendations, and decisions for specific plans shall be based on
the following criteria:
1. The plan furthers the policies of the Comprehensive Plan, through the application of
sound planning and design principles to a particular area.
2. The plan better implements purposes of this Code beyond what could be accomplished
under application of general zoning districts and development standards. DRAFTPage 70 of 330
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3. The plan is consistent with the intent statements of the applicable base zoning district(s),
and advances and implements elements of the Neighborhood Area Assessments in the
Comprehensive Plan.
4. The benefits from any flexibility in the proposed plan promote the general public health,
safety and welfare of the community and surrounding areas, and the adjustments to the
development standards are not strictly to benefit a applicant or a single project.
5. The regulating plan meets all of the review criteria and procedures for a zoning map
amendment in Section 16-2-2
D. Review Procedure. In addition to all applicable general procedures in Table 2-1 and Section 16-
2-1, the following specific procedures shall apply to specific plans:
1. The specific plan process is a type of zoning map amendment and shall follow the
procedures in section 16-2-3.
2. Depending on the extent of the district or the complexity of the planning and design
issues, the specific plan process may be broken into two or more steps to address
different components of the specific plan, or to reconcile general planning issues prior to
more detailed planning analysis or design work and the final decisions on the
entitlements associated with each component.
3. Any specific plan may establish preliminary and advisory review bodies for the district or
area, and otherwise create specific procedures for development according to the plan.
4. Prior to applying for permits for final development, any project included as part of a
specific shall first require approval of a site improvement plan, or a final plat if the
framework plan does not serve as a plat. In addition to the information and criteria
required for those applications, applications shall demonstrate that all applicable
standards, requirements, and conditions of the approved specific plan have been met.
5. Any site improvement plan that contains a major amendment to the specific plan shall
require approval in the same manner as the original specific plan. Major amendments
include:
a. Any major change to building locations, lot lines, rights-of-way, or easements that
affects the plan in a material way or presents impacts on adjacent property
different from that anticipated in the original plan.
b. Increases in building height where negotiation is not allowed or when an
application does not include income restricted housing units.
c. Increases in the residential density by more than 10%.
d. Introduction of new land uses or building types, not otherwise allowed in the base
zone district.
e. Other deviations that are not determined to meet the standards, be permitted by
changes to the site improvement plan criteria, or be permitted by administrative
adjustment.
E. Effect of Decision. Approval of a specific shall constitute acceptance of the overall planning
concepts and development parameters, and may constitute additional rights as specified below.
1. Concept Plan. Approval of the concept plan and associated existing conditions without
any other plans shall establish that the basic concepts are agreed to in principle as
conforming to the intent of the Comprehensive Plan and any other plans or policies
created under the guidance of that plan, and serve as a more specific representation of
the intent and policy objectives for the area.
2. Framework Plan. Approval of a framework plan indicates that the basic development
patterns and infrastructure concepts are agreed to in principle as conforming to the intent
of the Comprehensive Plan and any other plans or policies created under the guidance of
that plan. However, approval of a framework plan may have the same effect as approval DRAFTPage 71 of 330
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of a major subdivision plat as specified in Section 16-2-7, provided it includes or is
accompanied by information required for major subdivision plats.
3. Regulating Plan. Approval of the regulating plan, in association with the other
components of the specific plan, shall have the same effect as a zoning map amendment
in Section 16-2-3 Sites governed by an approved regulating plan shall be designated on
the Official Zoning Map with the letters of the proposed base zoning district with the prefix
“P” (planned). (For example, where a portion of the development plan uses the R-2-A,
MU-B-2 base zoning districts, the zoning of each area of an approved regulating plan
shall be PR-2-A and PMU-B-2 respectively.)
4. Final Development. Prior to applying for permits for final development, any project
included as part of a specific shall first require approval of a site improvement plan, or a
final plat if the framework plan does not serve as a plat. In addition to all other
information and criteria required for those applications, submittals under an approved
specific shall include all necessary information to demonstrate that all applicable
standards, requirements, and conditions of the specific plan have been met.
16-2-5 Planned Unit Development (PUD Rezoning)
[insert revised approach based on specific plan / PUD distinction, and staff discussion meeting notes of
9/29/22 – see filed]
16-2-6 Site Improvement Plan
A. Applicability. Site improvement plans ensure that development projects or other changes to
property meet the development and design standards of this code, and coordinate with other
applicable standards and permits. Site improvement plans may be initiated by the property
owner.
A site Improvement plan shall be required for any of the following:
1. Any new principal structure.
2 Any expansion or alteration of a principal structure that:
a. increases the floor area or footprint by more than 10%;
b. alters the exterior elevation, wall massing, or roof structure by more than 25%; or
c. decreases an existing setback by more than 20%.
3. Any accessory structure that is more than 120 square feet, more than 12 feet high, or
closer than 10 feet to a property line.
4. Any site development activity, such as landscape, grading, parking, or circulation that:
a. impacts more than 10% of the lot area or 1,000 square feet, whichever is less;
b. is more than $5,000.00 in value; or
c. alters the access, frontage area, or the relationship to the streetscape or public
areas.
5. Any change of use or new use that is accompanied by any exterior building or site
changes, whether required by this code or initiated at the option of the applicant.
6. Any application for a use designated as a “temporary use,” “limited use” in this code.
7. Any application that is requesting and administrative adjustment from the standards of
this code. DRAFTPage 72 of 330
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8. Any other changes to existing buildings or site that significantly alter the exterior
appearance or elements impacted by the applicable building and site design standards.
This excludes ordinary maintenance and repair of existing sites and buildings.
B. Review Criteria. In general, any site improvement plan in compliance with all applicable
standards of this code shall be approved. In determining compliance with the standards applied
to a particular site, the following criteria shall be considered:
1. Generally.
a. The plan meets all applicable development, design, and use-specific standards in
this code, or meets the criteria for any flexibility or discretionary approvals
specified in this code.
b. The plan does not substantially undermine any goals or objectives of the
Comprehensive Plan that are applicable to the area or specific project.
c. The plan does not present any other apparent risks to the public health, safety, or
welfare of the community.
2. Site Design and Engineering.
a. The plan provides safe access and internal circulation considering the site, the
block, and other surrounding connections, and appropriately balances vehicle,
bicycle, and pedestrian needs for the context.
b. The plan provides or has existing capacity for utilities and other required
improvements to serve the proposed development.
c. The plan provides adequate management of storm water runoff.
d. The plan provides proper grading considering prevailing grades and the
relationship to adjacent sites.
3. Landscape and Open Space Design.
a. The plan creates an attractive aesthetic environment and improves relationships
to the streetscape or other nearby public, civic, or common spaces.
b. The plan enhances the environmental and ecological functions of un-built
portions of the site and makes effective use and conservation of water resources.
c. The plan reduces the exposure and adverse impact of more intense site or
building elements on the streetscape and adjacent properties.
4. Building Design.
a. The location, orientation, scale, and massing of the building creates appropriate
relationships to the streetscape and to adjacent properties.
b. The selection and application of materials will promote proper maintenance and
quality appearances over time.
c. The building reinforces the character of the area and reflects a compatible
architectural relationship to adjacent buildings. Specifically, if there is any
consistency or commonality in the scale, proportion, forms and features, and
materials of buildings throughout the vicinity, they inform choices on the
proposed building.
5. Discretionary Approvals. Requests for a temporary use, limited use, or administrative
adjustment is clearly identified and meet the requirements and criteria for any associated
discretionary approval. [incorporate any LUP, TUP or AA criteria here… [as part of
limited use review, let director decide to bump it up for PC decision – 9/1/22 discussion]
C. Review Procedures. In addition to the general requirements in Table 2-1 and Section 16-2-1,
the following requirements apply to site improvement plan applications:
1. The site improvement plan shall be reviewed as part of the building permit or other
applicable permit process.
Commented [CB1]: Monitor - coordinate this criteria
with the flexibility included in the substantive standards
related to Uses (Ch 4), Residential Design (Ch 5),
Commercial Design (Ch 6), Parking and Access (Ch 7),
landscape / open space (Ch 8), or signs (Ch9)
Coordinate with "limited use permits / conditions;"
"temporary use permits;" and "administrative
adjustments." DRAFTPage 73 of 330
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2. An applicant may request a pre-application meeting according to section 16-2-1.C,
provided there is sufficient details for staff to provided constructive comments on the
application. The Director may deny multiple pre-application requests or condition the
review on submittal of a formal application and fee.
3. Site improvement plans may be associated with other applications that require review by
a different review body. The Director may condition approval of the site improvement
plan on the final approval of the associated application, and it shall either be affirmed or
denied by the review body according to the criteria of the associated application.
4. The Director may approve minor amendments to an approved site improvement plan
prior to issuance of a building permit, or other applicable permit. If permits have been
issued, a new application for permits shall be required in association with a request for a
minor amendment. Minor amendments may only modify the approved site improvement
plan as follows:
a. Increase floor area by less than 10%.
b. Increase the building footprint by less than 5%.
c. Increase the building height by less than 20% or 1-story, whichever is less.
d. Increase the impervious surface by less than 10%.
e. Change the design of the plan that does not substantially and negatively alter:
(1) pedestrian, bicycle, or vehicle access;
(2) relationships of constructed elements to adjacent property.
(3) landscape and open space designs; or
(4) the architectural appearance of buildings.
f. In all cases the change meets all applicable development standards for the site
and equally or better meets the criteria or conditions of the original approval.
Any other change shall require a new site improvement plan application in accordance
with this section.
5. Denial of a site improvement plan may be appealed by the applicant to the Commission
for any final decision issued by the Director, or to the Council for any Decision issued by
the Commission.
D. Effect of Decision.
1. Approval of a site improvement plan shall authorize the applicant to apply for a building
permit and other applicable permits.
2. Approval of a site improvement plan shall be valid for one year unless some other period
is stated on the approval or any other associated application. The Director may grant a
1-year extension provided no conditions, standards, or policies affecting the application
have changed. Any site improvement plan where permits are not issued prior to a lapse
shall require a new application.
3. All elements of an approved site improvement plan shall be considered requirements of
this code, and failure to maintain property in compliance with the plan may be enforced
as a violation of the provisions of this ordinance.
16-2-7 Major Subdivision Plat
A. Applicability. Major subdivision plats apply to all land divisions or other alterations of legal
boundaries of lots or tracts that require dedication of land for public rights of way or public areas,
or are ineligible for minor subdivision plat processes in Section 16-2-7. Major subdivision plats
require comprehensive review of plats to coordinate planning, design and engineering
requirements. Major subdivision plat applications may be initiated by the property owner.
B. Review Criteria. A plat shall be reviewed according to the following criteria:
1. The application is consistent with the Comprehensive Plan, particularly any physical
development patterns and design concepts of the plan. DRAFTPage 74 of 330
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2. The development and infrastructure are located to minimize impacts on geologic or flood
hazards, environmentally sensitive areas, or other natural features of the land.
3. The arrangement and proposed design of streets, blocks, and open spaces meet the
design standards and policies of the City, and are coordinated with existing or potential
development on adjacent property.
4. The proposed blocks and lots are capable of meeting all development and site design
standards under the applicable zoning district.
5. There is availability and capacity of all utilities, or the application includes construction
plans for facilities that meet the City’s technical specifications.
6. All required improvements, dedications, fees, financial guarantees, and maintenance
guarantees are provided.
7. Any phasing is clearly indicated and demonstrates a logical and coordinated approach to
development, and the timing, location, and construction of amenities is consistent
throughout phases.
8. Any impacts identified by specific studies or technical reports, including water, drainage,
and transportation impacts are mitigated with generally accepted and sound planning,
engineering, and urban design solutions that reflect long-term solutions and sound fiscal
investments.
9. The recommendations of professional staff or any other public entity authorized to review
the final plat.
10. Any other matters the Commission or Council deems important to the long-range plans
and design of the City.
C. Review Procedure. In addition to the general requirements in Table 2-1 and Section 16-2-1, the
requirements in this sub-section apply to plat applications:
1. At the pre-application meeting, and based on the size, scope, and impact of the
application, the Director shall determine how to coordinate the Neighborhood Meeting
and any additional notice of meetings or hearings necessary for the formal review.
2. Applications may be coordinated with any additional development reviews, such as
Zoning Map Amendments, PUD Rezoning, and Site Improvement Plans.
3. The applicant shall identify all improvements to be constructed, either according to the
required improvements listed this code or by a specific development agreement for the
project. The applicant shall submit final plans and specifications for these improvements,
and ensure construction of these improvements of financial guarantees as provided in
Section 16-3-6
4. The Commission shall hold a public hearing and issue findings and make a
recommendation to the Council in writing.
5. The Council shall hold a public hearing and consider the recommendations of the
Commission and City Staff. The Council shall issue a decision in writing and only
approve a final plat based on findings that it is consistent with these recommendations.
6. Due to the complexity, scale, or scope of a project, an applicant may elect or the Director
may require that the major subdivision plat be reviewed in a two-step process.
a. A preliminary plat with initial planning, development, and design details by be
reviewed by the Commission.
b. Approval by the Commission only authorizes the applicant to prepare a final plat,
and denial by the Commission may be appealed to the Council.
c. A final plat that is consistent with the approved preliminary plat shall be submitted
to the Council within 6 months.
d. A final plat that is consistent with an approved preliminary plat, and which
includes final planning, engineering, and design details, may then be reviewed
directly by the Council.
D. Effect of Decision. DRAFTPage 75 of 330
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1. The applicant shall submit the approved final plat and all other required documents and
certificates to the City for execution. An approval shall acknowledge acceptance of all
land dedications to the City reflected on the plat.
2. The applicant shall pay all fees and recording costs.
3. The City shall record the final plat and executed documents with the Arapahoe County
Clerk and Recorder.
4. The plat shall become effective after recording. Any approved final plat not recorded
within 60 days shall expire.
5. An approved and recorded plat may be modified through the same procedure used to
approve the final plat unless it qualifies as a minor subdivision.
16-2-8 Minor Subdivision Plat
A. Applicability. Minor subdivision plats allow routine adjustments and divisions of land that do not
require any public land dedications, do not significantly impact existing public facilities, or do not
present significant or long-range planning and design issues. Minor subdivision applications may
be initiated by the property owner.
Specifically minor subdivision plats apply to:
1. Plat Adjustments. Adjustment to existing platted lots such as the movement of lot lines or
the dedication or removal of easements.
2. Minor Subdivisions. The division of land into new lots, whether the land was previously
platted or unplatted.
3. Lot consolidation. The joining of lots or parcels into fewer lots, whether the land was
previously platted or unplatted.
4. Condominium Plats. The creation of separate ownership entities of building units or lots
within platted host lot.
5. Administrative Land Reviews. Any division or combination of previously platted parcels
or lots that is consistent with historically platted lines.
B. Review Criteria. An application may be approved by the Director if the Director determines that
all the following are met.
1. No significant increase in service requirements (utilities, schools, traffic control, streets,
etc.) or impact on the ability to maintain existing service levels will result.
2. The application does not alter any zoning district boundaries due to adjustments to any
lots.
3. All resulting lots meet the legal standards of the subdivision regulations and applicable
zoning districts.
4. The lot patterns, building orientation, access, and frontages are arranged and designed
to meet all applicable standards, or result in buildable lots capable of meeting the
standards.
5. No other significant issues exist with potential development enabled by the plat that could
impact planning policies, development regulations, or other city standards.
6. No right-of-way or other public dedication is required.
7. All applicable state or county requirements are met or will be satisfied through the review
and recording process.
C. Review Procedures. In addition to the general requirements in Table 2-1 and Section 16-2-1,
the requirements in this subsection apply to minor subdivision applications.
1. Minor subdivision applications may require different forms, information, and internal
procedures based on the specific application type in Subsection A.
2. The Director shall make the final decision on a minor subdivision plat within 45 days of
receipt of a complete application, except any application that requires referrals to outside DRAFTPage 76 of 330
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agencies, or that requires resubmittal by the applicant may be extended for up to 6
months.
3. If the Director determines at any point in the process that the application is not eligible for
a minor subdivision plat or is otherwise trying to evade the major subdivision plat
process, the Director may deny the application and require the applicant submit a new
application as a major subdivision plat.
4. A final decision by the Director may be appealed to the Commission.
D. Effect of Decision.
1. The applicant shall submit the approved minor subdivision plat and all other required
documents and certificates to the City for execution.
2. The applicant shall pay all fees and recording costs.
3. The City shall record the minor subdivision plat and executed documents with the
Arapahoe County Clerk and Recorder.
4. The minor subdivision plat shall become effective after recording. Any approved minor
subdivision plat not recorded within 60 days shall expire.
5. A recorded minor subdivision plat may be modified through the same procedure used for
the initial application.
16-2-9 Conditional Use Permit
A. Applicability. A conditional use permit provides flexibility for different uses within a zoning
district and allows the potential for additional uses subject to specific conditions. These uses are
not appropriate throughout the district, but due to the design and operational characteristics of
particular plan, or due to conditions in the specific location, the use may be considered
appropriate based on a case-specific review. Conditional use permits may be initiated by the
property owner for uses identified as conditional uses in the zone district by the Use Table in
Section 17-4-##.
B. Review Criteria. A conditional use permit shall be reviewed according to the following criteria:
1. All criteria for site improvement plan in Section 16-2-5. are met, including compliance with
development standards and design criteria of this code.
2. The application supports the intent of the proposed zoning district and is otherwise
determined to be consistent with the Comprehensive Plan.
3. Compatibility with the area and other allowed uses in terms of operating characteristics,
hours of operation, visible and audible impacts, traffic patterns and parking demands,
intensity of buildings and activity on the site, and other potential impacts on adjacent
property.
4. Whether a limited time period for the permit is reasonably necessary to either limit the
duration of the use, assess the use against changing conditions in the area, or ensure
periodic reporting and ongoing enforcement of the permit.
5. The long-range plans applicable to the site and surrounding area are not negatively
impacted considering the permanence of the proposed use, the permanence of or
potential for other uses in the area, and any changes in character occurring in the area.
6. The recommendations of professional staff or other technical reviews associated with the
application.
7 Whether any additional site- or use-specific conditions are necessary to ensure these
criteria are met.
C. Review Procedure. In addition to the general requirements in Table 2-1 and Section 16-2-1, the
following requirements are specific to conditional use permit applications.
1. Applications may be accompanied by site improvement plan where it is necessary to
review conformance with standards of this code and any performance criteria for the
particular uses. DRAFTPage 77 of 330
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2. Following the public hearing, the Commission shall make written findings on the
application and issue a decision in writing.
3. The decision of the Commission may be appealed to the Councill according to Table 2-1
and Section 16-2-1.I.
D. Effect of Decision.
1. The applicant shall pay all fees and recording costs.
2. The City shall record the conditional use permit and any associated plans and conditions
with the Arapahoe County Clerk and Recorder.
3. Approval and recording of a conditional use permit shall authorize the applicant to apply
for a building permit, development or construction permits, or other applicable business
licenses.
4. Approval of a conditional use permit shall be valid for one year, and the Commission may
grant a one-year extension. Any application not acted upon according to the approval
and conditions within this period shall be void. (This period requiring action on an
approved conditional use permit is distinct from a condition that limits the duration of the
permit.)
5. All approval conditions or associated plans shall be considered requirements of this code,
and failure to maintain property in compliance with the conditions or plan may be
enforced as a violation of the provisions of this ordinance
6. A conditional use permit may be revoked by the City through the same procedures
approving the permit, upon a finding that the conditions of approval have not been met, or
that the use has otherwise violated the provisions of this code.
7. Any conditional use found to not be in operation for a period of more than 6 consecutive
months shall be considered abandoned, and no conditional use may be reinitiated
without receiving an new permit according to these procedures.
16-2-10 Zoning Variance
A. Applicability. A variance is a process to provide relief from a strict interpretation of the zoning
and development standards of this code, which when applied to a particular property and in a
specific context would create practical difficulties or unnecessary hardship on all reasonable use
of the property. This application shall only apply to the design, dimension, and other site
development standards of this code and shall not be used to authorize a use that is prohibited by
the applicable zoning district. Variances may be initiated by the property owner.
B. Review Criteria. A variance shall be reviewed and approved only on the finding that all of the
following conditions are met:
1. Unique physical conditions exist, such as size, shape, location, topography or
surroundings, which are peculiar to the land or structure involved,
2. The condition creates a practical difficulty or unnecessary hardship where conformance
with the applicable standard would unreasonably deprive the applicant of privileges
enjoyed by other properties in the vicinity;
3. The variance is consistent with the intent of the zone district regulations to secure public
health, safety and welfare;
4. The variance will not permanently impair the use or development of adjacent conforming
properties or alter the essential character of the neighborhood; and
5. The variance is not based on a self-imposed difficulty or hardship.
C. Review Procedures. In addition to the general requirements in Table 2-1 and Section 16-2-1,
the following requirements are specific to variance applications:
1. A variance request shall not be associated with another application intended to grant
discretionary review and flexibility to the standards in question, such as a conditional use
permit, temporary use permit, or administrative adjustment. Further, the variance may DRAFTPage 78 of 330
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not be granted as an alternative to an unfavorable decision on those types of
applications.
2. Any action or decision of the Board of Adjustment and Appeals shall follow Section 16-1-
5.B regarding a quorum and votes.
3. In granting a variance, the Board may impose conditions and requirements that best
assure the criteria for approval are in place and maintained, and any violation of these
conditions shall be considered a violation of the ordinance.
4. The Board shall issue all decisions in writing within 35 days of the hearing, including the
grounds for its decision based on findings of fact regarding each criteria.
D. Effect of Decision.
1. The applicant shall pay all fees and recording costs.
2. The City shall record the variance and associated plans and documents with the
Arapahoe County Clerk and Recorder.
3. The variance shall become effective after recording, and the applicant shall be eligible to
submit all for building permits or other associated permits in conformance with the
approved variance.
4. A variance shall run with the land except that any decision not acted on within one year of
the decision by the Board shall expire..
5. Any person aggrieved by a final decision of the Board may appeal the decision to the
district court within 30 days of the Board’s vote on the final decision.
16-2-11 Administrative Adjustment
A. Applicability. The administrative adjustment process provides limited flexibility in the application
of design standards so that the best design solution may be applied to a particular context or site.
It ensures that projects meet the intent and design objectives of the standards of this code, but
allows for relief from strict application of the standards where an equal or better design solution is
possible. Administrative adjustments shall not undermine the requirements of this code, but
provide equivalent alternative designs or standards applied in a site-specific or creative way.
Administrative adjustment applications may be initiated by the property owner.
Specifically administrative adjustments shall be applicable for any of the following:
1. Minor modification of the development standards.
2. Alternatives to the design standards subject to the specific limits and criteria listed with
each standard.
3. Limited expansions of non-conforming situations according to Section 16-1-8.H.
4. Administrative adjustments shall not be used to permit enable a use that is not allowed in
the zoning district, nor be used to modify a standard that already qualifies for an
exception or modification under the terms of this code.
B. Review Criteria. The following criteria apply to any application that is proposing administrative
adjustment from the eligible standards.
1. Specific conditions of the site make compliance with the standard impractical or strict
application of the standard would clearly not advance the intent or design objective of the
standard.
2. The proposed alternative equally or better meets the intent or design objectives of the
standards.
3. The adjustment does not undermine any other standards or create additional negative
impacts on adjacent sites.
4. The adjustment is not strictly for the convenience of a specific project, but is justified
under any of the following broader community benefits:
a. Aesthetic considerations that permit better coordination of the lot and building
with the established character of the specific area; DRAFTPage 79 of 330
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b. Improved environmental performance;
c. Enhanced pedestrian or bicycle accommodations, or better civic space design;
d. Adaptive reuse of an existing building, additions to an existing building, or infill on
an existing lot that accommodates development comparable to that on adjacent
property;
e. Other innovative design or development techniques that better serves public
health and safety considerations.
5. The deviation is the minimum necessary to address the circumstance. Except where the
specific standards establish different limits or ranges for administrative adjustments, the
deviation from any standard is limited to:
a. Up to a 15% adjustment to the setback of any structure,
b. Up to a 10% deviation in height of any structure.
c. Up to a 15% deviation in the area for any site requirement, such as open space,
landscape, or buffers.
d. Up to a 5% deviation in any required lot dimension, or building area dimension
such as lot coverage, footprint limit, or square footage and scale of a particular
use.
e. Up to a 10% deviation to any quantitative requirement, such as parking or
landscape materials.
C. Review Procedures. In addition to the general requirements in Table 2-1and Section 16-2-1, the
following requirements are specific to administrative adjustment applications:
1. Applications shall be submitted with a site improvement plan with the specific standards
for which an administrative adjustment is proposed are clearly called out as a separate
issue and decision.
2. The applicant shall submit evidence of notice to abutting property owners, and other
evidence that they were made aware of the nature, scope, and extent of the request.
3. Administrative adjustments may be associated with another application that requires
approval of a different review body. The Director may condition approval of an
administrative adjustment on final approval of the associated application, and it shall
either affirmed or denied by the review body according to the criteria of the associated
application.
4. The Director may determine that any application meeting these eligibility criteria still
presents significant change or potential impacts on the area, or presents substantial
interpretation questions applying the development standards or review criteria, and refer
the application to the Commission for a final decision.
5. Denial of an alternative compliance request may be appealed by the applicant to the
Commission for any final decision issued by the Director, or to the Council for any
Decision issued by the Commission.
D. Effect of Decision.
1. Approval of an administrative adjustment shall be indicated by a written statement of the
Director or Commission, which shall be submitted with and clearly called out on any
subsequent submitted plans. It shall authorize deviation from the standards only to the
extent demonstrated on the approved plans.
2. The approval shall only be valid for one year from the written statement, or for the time
period of any associated or subsequent approved plans.
16-2-12 Appeal
A. Applicability. The appeal process is to determine if there was an error in a final decisions made
under this code. There are two types of appeals:
1. Applications. An appeal of a final decision on a development application in Table 2-1
which shall be made according to the appeal process specified for that application. DRAFTPage 80 of 330
2 PROCEDURES
16-2-12 APPEAL
Initial Draft Title 16: Englewood Development Code
October 2022 21
2. Administrative Decisions. An appeal of a final administrative decision made under the
authority of this code, which shall require the filing of an Administrative Appeal application
according to Table 2-1 and this Section.
All appeals shall follow the standards and criteria in Section 16-2-1.I.
B. Criteria. An appeal shall be reviewed according to the following criteria:
1. The appeal body shall grant the decision-making body’s decision a presumption of
correctness, placing the burden of persuasion of error on the appellant.
2. In deciding on an appeal, the review body shall have all powers of the official or review
body from whom the appeal is taken, and may take any action authorized by the
decision-making body under this code and according to the criteria of the original
application.
3. A decision to reverse or modify a prior decision shall be based only upon findings,
supported by the record, that the decision was in error.
4. The appeal body may remand the case back to the official or review body for further
proceedings based on its decision.
C. Review Procedures. In addition to the general requirements in Table 2-1 and Section 16-2-1,
the following requirements are specific to administrative appeal applications:
1. Notice of the administrative appeal shall be served upon the person whose decision is
being appealed by providing a copy of the appeal. The administrative official whose
decision is being appealed shall transmit all plans, applications and other files directly
impacting the decision to the appeal body within 30 days of filing.
2. An administrative appeal stays all proceedings in furtherance of the action appealed from
unless the official from whom the appeal is taken certifies to the appeal body that a stay
could cause imminent peril to life or property. In such case, proceedings shall not be
stayed other than by a restraining order which may be granted by the appeal body or by a
court of record on application, on notice to the officer from whom the appeal is taken and
on due cause shown
3. Appeals to the Board of Adjustment and Appeals shall follow Section 16-1-5.B regarding
a quorum and votes..
D. Effect of Decision. The decision by the appeal body shall have the same effect as a decision
made by the administrative official or review body, but shall be limited to the facts and
circumstances of that particular case. The Director may use decision on an appeal as a factor
when applying the standard appealed from to other similar circumstances. Any person aggrieved
by a final decision of the appeal body may appeal the decision to the district court within 30 days
of the final decision.
16-2-13 Vested Rights
A. Applicability. A vested property right establishes the right to undertake and complete
development according to a “site specific development plan” as defined by this code to meet the
requirements of C.R.S. Article 68 of Title 24. A "site-specific development plan" shall mean final
approval and the applicant's acceptance of conditions of any of the following types of
applications:
1. Final Major Subdivision Plat;
2. Conditional Use Permit; and
3. Site Improvement Plan.
B. Review Criteria. In addition to the review criteria for each application, an application for a vested
property right shall comply with the following criteria: DRAFTPage 81 of 330
2 PROCEDURES
16-2-13 VESTED RIGHT
Initial Draft Title 16: Englewood Development Code
October 2022 22
1. The site-specific development plan describes with reasonable certainty the type and
intensity of development and provides adequate information regarding all factors that
could affect the type and intensity of development.
2. The City's grant of vested rights is reasonable given the proposed development's benefits
to the surrounding properties, surrounding community, or to the City in general.
3. The applicant provides adequate assurances to the City that the development will go
forward as planned in return for the vesting of property rights allowed by Colorado law.
C. Specific Procedures. In addition to the general requirements in Table 2-1 and Section 16-2-1,
the following requirements are specific to vested right applications.
1. Notice & Hearings. The statutory notice and hearing requirements shall be satisfied as
follows:
a. Final Plats. For final plats the notice and public hearing to consider the plat
before the Commission provided the Commission shall indicate that a vested
right shall only be created upon approval of the required plat by the Council.
b. Conditional Use Permits. For conditional use permits the notice and public
hearing before the Commission to consider the conditional use pursuant.
c. Site Improvement Plans. For site improvement plans, which are approved by the
Director, a separate hearing before the Council following the Director’s decision.
The applicant shall request a vested right hearing within 30 days following the
approval of the site improvement plan, or the right to request such a hearing shall
be waived.
2. Plat or Plan Language. Each site-specific development plan shall contain the following
language: "Approval of this plan [or plat] creates a vested property right subject to all
conditions of approval pursuant to C.R.S. Section 24-68-103 et. seq., as amended. The
effective date of vesting is [insert date]."
3. Publication. Approval of a vested right shall be published in a newspaper of general
circulation within Englewood within 14 days of the Councill’s decision advising the public
of the site-specific development plan and approval of a vested right.
D. Effect of Decision.
1. Final approval of a site-specific development plan shall create a vested right to undertake
and complete development and use of real property pursuant to Colorado Statutes, but
only as to those terms and conditions contained in the approved site-specific
development plan.
2. The review and approval of a vested property right in a site-specific development plan
shall not prevent the City, in subsequent actions, from applying any of the following to the
subject property:
a. New ordinances, rules, regulations, and policies that do not conflict with those
rules, regulations, and policies in effect as of the site-specific development plan's
effective date of approval;
b. New ordinances, rules, regulations, and policies that are specifically anticipated
and provided for in the terms or conditions of the approved site- specific
development plan;
c. New ordinances, rules, regulations, and policies that are necessary for the
immediate preservation of the public health and safety, whether adopted while a
complete application is pending or after the decision; or
d. New ordinances, rules, regulations, and policies when the City finds that the site-
specific development plan is based on substantially inaccurate information
supplied by the applicant.
3. A vested property right shall remain vested for 3 years from the publication date of the
decision, unless a longer term is agreed to by the City in a Development Agreement. An
amendment to any site-specific development plan shall not extend the period of vested
rights, unless otherwise authorized by agreement approved by the City. DRAFTPage 82 of 330
2 PROCEDURES
16-2-13 VESTED RIGHT
Initial Draft Title 16: Englewood Development Code
October 2022 23
4, A landowner may waive a vested property right by separate agreement, which shall be
recorded in the office of Arapahoe County Clerk and Recorder. Unless otherwise agreed
to by the City, any landowner requesting annexation to the City shall waive in writing any
pre-existing vested property rights as a condition of such annexation.
DRAFTPage 83 of 330
City Council Work Session
November 7, 2022
Initial Draft /Status Update
Technical Provisions (Chapters 1 &2 )Page 84 of 330
Project Status
Page 85 of 330
What's
working and
what needs
improvement?
J u l y –S e p t e m b e r –b u i l d i n g t o i n i t i a l d r a f t
Technical
Provisions
•General
provisions and
procedures
•Notice &
Hearings
•Administrative
approvals
•Flexibility criteria
and processes
Housing &
Neighborhoods
•Range of options
refined to districts
•Practical &
technical issues
•Utilities, platting,
permits and
design, review
•Coordination with
DOLA grant study
Mobility, Access, &
Public Realm
Design
•Street design
•Coordination with
public works
engineering &
technical specs
•Access, parking,
and parking
design
•Interim strategies
Sustainability &
Community Design
•Building code
coordination
•EV parking
•Xeric landscape
•Site-scale
renewable
energy
•Mixed-use & non-
residential design
July 29 August 5 August 19 September 9
Technical & Steering Committee
October 4 October 4 November 8 October 18Steering Committee
Technical Committee
Page 86 of 330
Where We Are Going…
O t h e r C h a p t e r s & P r o v i s i o n s ( N o n -s u b s t a n t i v e / S u p p o r t i n g
C h a n g e s )
Technical
Provisions
Ch. 1 General
Provisions
Ch. 2 Procedures
Housing &
Neighborhoods
•Ch. 4 Zoning
Districts & Uses
•Ch. 5 Residential
Development &
Design
Standards
•Ch. 8 Landscape
Design
Mobility, Access, &
Public Realm
Design
•Ch. 3 Community
Design &
Subdivision
Standards
•Ch. 7 Access &
Parking
•Ch. 8 Landscape
Design
Sustainability &
Community Design
•Ch. 6
Nonresidential
Development &
Design
Standards
•Ch. 8 Landscape
Design
•Ch.10 Floodplain
Regulations
Review Drafts
November 7 November 14 December 5 November 21Council Work Sessions
Page 87 of 330
Draft Framework
Proposed Reorganization –Title 16
Ch. 1 –General Provisions
Ch. 2 –Applications & Procedures
Ch. 3 –Community Design & Subdivision Standards
Ch. 4 –Zone Districts & Uses
Ch. 5 –Residential Development & Design Standards
Ch. 6 –Nonresidential Development & Design Standards
Ch. 7 –Access & Parking
Ch. 8 –Landscape Design
Ch. 9 -Signs
Ch. 10 –Floodplain Regulations
Ch. 11 –Telecommunications
Ch. 12 –Historic Preservation
Ch. 13 –Definitions
Procedures
Housing & Neighborhood Design
Streets & Public Realm Design
Sustainability + General
Community Design
Page 88 of 330
Draft Framework
Proposed Reorganization –Title 16 Technical Committee Meetings
July –early September
Ch. 1 –General Provisions
Ch. 2 –Applications & Procedures
Ch. 3 –Community Design & Subdivision Standards
Ch. 4 –Zone Districts & Uses
Ch. 5 –Residential Development & Design Standards
Ch. 6 –Nonresidential Development & Design Standards
Ch. 7 –Access & Parking
Ch. 8 –Landscape Design
Ch. 9 -Signs
Ch. 10 –Floodplain Regulations
Ch. 11 –Telecommunications
Ch. 12 –Historic Preservation
Ch. 13 –Definitions
Procedures
Housing & Neighborhood Design
Streets & Public Realm Design
Sustainability + General
Community Design
July 29
October 4
Steering Committee Meetings
September -November
Page 89 of 330
Technical Committee
What's
working and
what needs
improvement?
Technical
Provisions
•Notice &
Hearings
•Administrative
approvals
•Flexibility criteria
and processes
Summary: Procedures & Technical Provisions -7/29 & 10/4
▪Clarify pre-application steps and provide more flexibility for staff
▪Remove administrative / operating policies and permitting issues
from code (focus on P&Z development reviews)
▪Distinguish types of review:
•Administrative (staff)
•Discretionary / Advisory (PC)
•Legislative / quasi-judicial (CC & BZA).
▪Improve decision-making criteria
•Align better with policies and intent
•Build expectations
Page 90 of 330
Procedures
Chapter 1
General Provisions
16-1-1 Title
16-1-2 Authority & Jurisdiction
16-1-3 Purposes
16-1-4 Applicability
16-1-5 Administration
16-1-6 Interpretation
16-1-7 Severability
16-1-8 Nonconformities
16-1-9 Enforcement
Key Changes
▪Reorganize / Simplify
•Coordinate several technical sections
•Clarify with “plain language” approach
•Roles & responsibility of administrative bodies (16-1-5)
▪Updated “Purpose” section to better reflect policies & recent
Planning initiatives (16-1-3)
•Purposes: broad, enabling,
•Intent: general, application-oriented
•Design objectives: specific, outcome-oriented
▪Emphasize and coordinate Interpretation elements (16-1-6)
▪Expanded nonconformity consideration
•Nonconforming lots –administrative approval (16-1-8.E
•Limited expansions (16-1-8.H)
•Process –certification vs. ad hoc (16-1-8.B)Page 91 of 330
Procedures
Chapter 2
Applications & Procedures
Table 2-1 Summary
16-2-1 General –All Applications
16-2-2 Text Amendment
16-2-3 Map Amendment (Rezoning)
16-2-4 Specific Plan (Regulating Plan)
16-2-5 Planned Zoning (PUD)
16-2-5 Site Improvement Plan
16-2-6 Major Subdivision Plat
16-2-7 Minor Subdivision Plat
16-2-8 Conditional Use Permit
16-2-9 Zoning Variance
16-2-10 Administrative Adjustment
16-2-11 Appeals
16-2-12 Vested Rights
Key Changes
▪Organization
•Single “general –all applications” section (16-2-1)
•Table applies elements of general procedures (Table 2-1)
•Common structure for all applications –Applicability, Criteria, Process,
Effect of Decision (multiple sections)
▪Eliminated / consolidated some administrative processes
•Limited review use; temporary use, unlisted use classification
•Nonconforming structure / nonconforming lots
▪Eliminated some inapplicable processes
•Annexation petitions
•Comprehensive plan amendments
▪Appeals Process
•Expanded administrative adjustment options (tbd)
•BAA non-application staff decisions (i.e.code interpretations)
•PC / CC administrative approval of development applications (i.e.site
improvement plan, minor subdivision, administrative adjustments)
▪Incorporated recent Specific Plan Process (tbd coordinating PUD updates
and improved administrative flexibility)Page 92 of 330
Page 93 of 330
Conventional Approach: A Collection of Regulations
Regulation Application
Purpose
Design Based Approach: A System of How We Build, and Why
Intent Design
Objective Standards Decision
Criteria Alternative
Context
Exception VariancePlan /
Policy
VariancePlan /
Policy
Flexibility + Certainty
Page 94 of 330
❑Intent + Design Objectives
(rationale / outcome)
❑Context
(refine applicability)
Standard
(objective / measurable)
❑Design Strategies & Techniques
(options )
❑Exceptions + Administrative Adjustments
(subjective / discretionary)
Flexibility + Certainty
Chapter 2 –Applications & Procedures
16-2-11 Administrative Adjustments
A. Applicability
B. Review Criteria
C. Review Procedure
D. Effect of Decision
Page 95 of 330
❑Intent + Design Objectives
(rationale / outcome)
❑Context
(refine applicability)
Standard
(objective / measurable)
❑Design Strategies & Techniques
(options)
❑Exceptions + Administrative Adjustments
(subjective / discretionary)
Design Standards
Chapter 6
Nonresidential Development & Design
16-6-4 Frontage Design
16-6-5 Building Design
16-6-6 Open Space
16-6-7 Sustainable Sites & Buildings
Chapter 7
Access & Parking
16-7-3 Access & Circulation
16-7-4 Required Parking
16-7-5 Parking Design
16-7-6 Alternative Parking Plan
Chapter 5
Residential Development & Design
16-5-4 Residential Design
16-6-5 Attainable Housing Guidelines
16-6-6 Sustainable Sites & Buildings
Chapter 8
Landscape Design
16-8-3 Landscape Requirements
16-8-4 Buffers & Screening
16-8-5 Plant Specifications
16-8-6 Fences & Walls
Chapter 3
Subdivision & Community Design
16-3-4 Street & Block Patterns
16-3-5 Street Design
16-6-6 Open & Civic Space Design
Page 96 of 330
Concept Plan: Area-specific land use,
urban design, and illustrative plans
(character, scale, intensity, transitions).
Specific Plan (16-2-4)
Development Code Elements
Street Types
Open & Civic Space Types
Design Standards
▪Frontage Design
▪Building Design
▪Open Space Design
▪Access &Circulation
▪Landscape
▪Signs
Specific Plan Elements
Framework Plan: Public realm design,
street types, open / civic space types,
required improvements, phasing (plat).
Regulating Plan: Block-scale building
types, uses, design, and noted deviations
(zoning).
Building Types
Page 97 of 330
Draft Schedule
City Council Work Sessions
Technical Provisions
Mobility, Access, & Public Realm Design
Housing & Neighborhood Design
Sustainability & General Community Design
11/7
11/21
12/5
Other Provisions12/5 or
tbd
Chapter 3 -Community Design & Subdivision Standards
Chapter 7 –Access & Parking
Chapter 6 –Nonresidential Development & Design Standards
Chapter 8 –Landscape Design
Chapter 10 –Floodplain Regulations
Chapter 9 –Signs
Chapter 11 –Telecommunications
Chapter 12 –Historic Preservation
Chapter 13 -Definitions
▪Executive Summary
▪Framework & Section Maps
▪Draft Code Sections
Review Tools & Options
Chapter 4 –Zone Districts & Uses
Chapter 5–Residential Development & Design Standards
Chapter 7 –Access & Parking (revisited)
Chapter 8 –Landscape Design (revisited)
Chapter 1 –General Provisions
Chapter 2 –Applications & Procedures
11/14
Page 98 of 330
Discussion
Page 99 of 330
Page 100 of 330
MINUTES
City Council Regular Meeting
Monday, October 17, 2022
1000 Englewood Parkway - 2nd Floor Council Chambers
7:00 PM
1 Study Session Topic
There were no items scheduled for the Study Session.
2 Call to Order
The regular meeting of the Englewood City Council was called to order by Mayor
Sierra at 7:01 p.m.
3 Pledge of Allegiance
Mayor Sierra led the Pledge of Allegiance.
4 Roll Call
COUNCIL PRESENT: Mayor Othoniel Sierra
Mayor Pro Tem Steven Ward
Council Member Joe Anderson
Council Member Chelsea Nunnenkamp
Council Member Rita Russell
Council Member Jim Woodward
COUNCIL ABSENT: Council Member Cheryl Wink
STAFF PRESENT: City Manager Lewis
City Attorney Niles
Senior Deputy City Clerk McKinnon
Deputy City Clerk Harkness
Assistant City Manager Dodd
Director of Parks, Recreation and Library Underhill
Director of Finance Loh
Director of Community Development Power
Planning Manager Isham, Community Development
Deputy Director of Engineering Hoos, Public Works
Deputy Director O&M Edelstein, Public Works
Page 1 of 11
Draft
Page 101 of 330
City Council Regular
October 17, 2022
Director of Utilities and South Platte Renew Van Ry
Deputy Director of Business Solutions and Engineering Stone, Utilities
Senior Capital Project Specialist Goblirsch, Public Works
Capital Project Engineer II Warren, Public Works
Department Administrator Fenton, Community Development
Network Administrator Hunnicutt, Information Technology
System Administrator Munnell, Information Technology
Officer Mander Police Department
5 Consideration of Minutes of Previous Session
a) Minutes of the Regular City Council Meeting of October 3, 2022.
Moved by Council Member Rita Russell
Seconded by Council Member Steven Ward
APPROVAL OF THE MINUTES OF THE REGULAR CITY COUNCIL
MEETING OF OCTOBER 3, 2022.
For Against Abstained
Othoniel Sierra x
Chelsea Nunnenkamp x
Joe Anderson x
Steven Ward (Seconded By) x
Rita Russell (Moved By) x
Jim Woodward x
6 0 0
Motion CARRIED.
b) Minutes of the Special City Council Meeting of October 10, 2022
Moved by Council Member Chelsea Nunnenkamp
Seconded by Council Member Joe Anderson
APPROVAL OF THE MINUTES OF THE REGULAR CITY COUNCIL
MEETING OF OCTOBER 10 2022.
For Against Abstained
Othoniel Sierra x
Chelsea Nunnenkamp (Moved
By)
x
Joe Anderson (Seconded By) x
Steven Ward x
Rita Russell x
Jim Woodward x
6 0 0
Page 2 of 11
Draft
Page 102 of 330
City Council Regular
October 17, 2022
Motion CARRIED.
6 Appointments, Communications, Proclamations, and Recognition
a) The Museum of Outdoor Arts was recognized for its years of service and
partnership with the City of Englewood.
b) Graduates from the Citizens Planning School were recognized.
• David McDevitt
• Michael Vinson
• Laura Herrera
• Eric Herbert
• Brian Verbeck
• Rebecca Kramer
• Danna Liebert
• Leslie Welch
• Michael Chisholm
• Connie Ferenbaugh
• Marcia Marshal
• Robin Dickinson
• Susan McRae
• Carson Green
• Taha Zaffar
• Robert Heller
• Jack Donahue
• Joseph Trujillo
• Nicole Flounders
7 Recognition of Scheduled Public Comment
a) Pamela Beets, an Englewood resident, addressed Council regarding housing
and development.
8 Recognition of Unscheduled Public Comment
a) Ann Kendall, an Englewood resident, addressed Council regarding the water
plan.
b) Mary Secor, an Englewood resident, addressed Council regarding the water
plan.
c) Georgia Arribae, an Englewood resident, addressed Council regarding the
water plan.
d) Danna Liebert, an Englewood resident, addressed Council regarding the water
plan.
Page 3 of 11
Draft
Page 103 of 330
City Council Regular
October 17, 2022
e) Lisa Shea, an Englewood resident, addressed Council regarding the water
plan.
Mayor Sierra responded to Public Comment.
9 Consent Agenda Items
Council Member Russell removed Agenda Item 9(a)(i) and 9(c)(i) from the Consent
Agenda.
Council Member Woodward removed Agenda Item 9(a)(iii) from the Consent Agenda.
Moved by Council Member Nunnenkamp seconded by Council Member Anderson to
approve Consent Agenda Items 9(a)(ii and iv), 9(b)(i-vii), and 9(c)(ii-iv).
a) Approval of Ordinances on First Reading
i) CB 61 - Amending the Englewood Municipal Code to Mirror Provisions of
Colorado's Vote Without Fear Act
[Clerks Note: This agenda item was removed from the Consent
Agenda Motion and considered independently.]
Moved by Council Member Jim Woodward
Seconded by Council Member Chelsea Nunnenkamp
For Against Abstained
Chelsea Nunnenkamp (Seconded
By)
x
Jim Woodward (Moved By) x
Othoniel Sierra x
Joe Anderson x
Steven Ward x
Rita Russell x
3 3 0
Motion DEFEATED.
ii) CB 62 - Amending the Englewood Municipal Code regarding Definition
of Pawnbroker.
COUNCIL BILL NO. 62, INTRODUCED BY COUNCIL MEMBER
NUNNENKAMP
A BILL FOR AN ORDINANCE AMENDING TITLE 5, CHAPTER 15,
SECTION 5-15-1 OF ENGLEWOOD MUNICIPAL CODE REGARDING
THE DEFINITION OF PAWNBROKER.
Page 4 of 11
Draft
Page 104 of 330
City Council Regular
October 17, 2022
iii) CB 65 - Amending the Englewood Municipal Code regarding Trees and
Shrubs.
[Clerks Note: This agenda item was removed from the Consent
Agenda Motion and considered independently.]
Moved by Council Member Joe Anderson
Seconded by Council Member Chelsea Nunnenkamp
Discussion ensued.
Moved by Council Member Jim Woodward
Seconded by Council Member Joe Anderson
Motion to amend Council Bill Number 65,15-1-2, Definitions, DDD by
adding "material and tangible" between "carry and property" so it reads
"designed to carry material, tangible property "
For Against Abstained
Othoniel Sierra x
Chelsea Nunnenkamp x
Joe Anderson (Seconded By) x
Steven Ward x
Rita Russell x
Jim Woodward (Moved By) x
6 0 0
Motion CARRIED.
Moved by Council Member Joe Anderson
Seconded by Council Member Chelsea Nunnenkamp
COUNCIL BILL NO. 65, INTRODUCED BY COUNCIL MEMBER
ANDERSON
A BILL FOR AN ORDINANCE AMENDING ENGLEWOOD MUNICIPAL
CODE TITLE 11 CHAPTER 5 AND EMC § 15-1-2, REGARDING TREES
TO ADOPT MODEL CODE TO ENSURE PROTECTION OF CITY
TREES AND MOVE CORRECTION OF TREE VIOLATIONS TO
NUISANCE ABATEMENT CODES.
For Against Abstained
Othoniel Sierra x
Chelsea Nunnenkamp (Seconded
By)
x
Joe Anderson (Moved By) x
Steven Ward x
Page 5 of 11
Draft
Page 105 of 330
City Council Regular
October 17, 2022
Rita Russell x
Jim Woodward x
6 0 0
Motion CARRIED.
iv) CB 66 - IGA for Pedestrian Improvements at the Malley Senior
Recreation Center.
COUNCIL BILL NO. 66, INTRODUCED BY COUNCIL MEMBER
NUNNENKAMP
A BILL FOR AN ORDINANCE APPROVING AN
INTERGOVERNMENTAL AGREEMENT (IGA) BETWEEN THE
DENVER REGIONAL COUNCIL OF GOVERNMENTS AND THE CITY
OF ENGLEWOOD, COLORADO FOR MALLEY SENIOR CENTER
SIDEWALK IMPROVEMENTS.
b) Approval of Ordinances on Second Reading
i) CB 54 - 2023 City of Englewood Budget
ORDINANCE NO. 50, SERIES OF 2022 (COUNCIL BILL NO. 54,
INTRODUCED BY COUNCIL MEMBER NUNNENKAMP)
AN ORDINANCE ADOPTING THE BUDGET FOR THE CITY OF
ENGLEWOOD, COLORADO, FOR FISCAL YEAR 2023.
ii) CB 55 - 2023 City of Englewood Budget Appropriation
ORDINANCE NO. 51, SERIES OF 2022 (COUNCIL BILL NO. 55,
INTRODUCED BY COUNCIL MEMBER ANDERSON)
AN ORDINANCE APPROPRIATING MONIES FOR ALL MUNICIPAL
PURPOSES IN THE CITY OF ENGLEWOOD, COLORADO, FOR
FISCAL YEAR BEGINNING JANUARY 1, 2023, AND ENDING
DECEMBER 31, 2023, CONSTITUTING WHAT IS TERMED THE
ANNUAL APPROPRIATION BILL FOR FISCAL YEAR 2023.
iii) CB 56 - 2023 City of Englewood Property Tax Mill Levies
ORDINANCE NO. 52, SERIES OF 2022 (COUNCIL BILL NO. 56,
INTRODUCED BY COUNCIL MEMBER WOODWARD)
AN ORDINANCE FIXING THE TAX LEVY IN MILLS UPON EACH
DOLLAR OF THE ASSESSED VALUATION OF ALL TAXABLE
PROPERTY WITHIN THE CITY OF ENGLEWOOD, COLORADO.
iv) CB 57 - 2023 South Platte Renew (SPR) Budget
Page 6 of 11
Draft
Page 106 of 330
City Council Regular
October 17, 2022
ORDINANCE NO. 53, SERIES OF 2022 (COUNCIL BILL NO. 57,
INTRODUCED BY COUNCIL MEMBER ANDERSON)
AN ORDINANCE ADOPTING THE BUDGET FOR THE SOUTH
PLATTE RENEW FOR FISCAL YEAR 2023.
v) CB 58 - 2023 South Platte Renew (SPR) Budget Appropriation
ORDINANCE NO. 54, SERIES OF 2022 (COUNCIL BILL NO. 58,
INTRODUCED BY COUNCIL MEMBER ANDERSON)
AN ORDINANCE APPROPRIATING MONIES FOR THE SOUTH
PLATTE RENEW PURPOSES IN THE FISCAL YEAR BEGINNING
JANUARY 1, 2023, AND ENDING DECEMBER 31, 2023,
CONSTITUTING WHAT IS TERMED THE ANNUAL APPROPRIATION
BILL FOR FISCAL YEAR 2023.
vi) CB 59 - IGA with the City of Cherry Hills Village for Vehicle
Maintenance and Repair
ORDINANCE NO. 55, SERIES OF 2022 (COUNCIL BILL NO. 59,
INTRODUCED BY COUNCIL MEMBER NUNNENKAMP)
AN ORDINANCE APPROVING AN INTERGOVERNMENTAL
AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO,
AND THE CITY OF CHERRY HILLS VILLAGE, COLORADO,
WHEREBY THE CITY OF ENGLEWOOD WILL PROVIDE THE CITY
OF CHERRY HILLS VILLAGE WITH VEHICLE MAINTENANCE.
vii) CB 60 - IGA Regarding VSPC and Ballot Drop Box
ORDINANCE NO. 56, SERIES OF 2022 (COUNCIL BILL NO. 60,
INTRODUCED BY COUNCIL MEMBER NUNNENKAMP)
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL
AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND
ARAPAHOE COUNTY BOARD OF COMMISSIONERS REGARDING
PLACEMENT OF A VOTER SERVICE AND POLLING CENTER AND
BALLOT BOX.
c) Resolutions and Motions
i) Change Order with Stanley Consultants for On-call Engineering Services
[Clerks Note: This agenda item was removed from the Consent
Agenda Motion and considered independently.]
Moved by Council Member Rita Russell
Seconded by Council Member Joe Anderson
Page 7 of 11
Draft
Page 107 of 330
City Council Regular
October 17, 2022
Approval of a Change Order with Stanley Consultants for On-call
Engineering Services in the amount of $48,318.00.
For Against Abstained
Othoniel Sierra x
Chelsea Nunnenkamp x
Joe Anderson (Seconded By) x
Steven Ward x
Rita Russell (Moved By) x
Jim Woodward x
6 0 0
Motion CARRIED.
ii) Amendment to City Attorney Employment Agreement
RESOLUTION NO. 33, SERIES OF 2022
A RESOLUTION APPROVING AMENDMENT NUMBER ONE TO THE
CITY ATTORNEY EMPLOYMENT CONTRACT.
iii) Renew Contract with Regal Facility Management for Custodial
Services.
Approval of Contract Renewal with Regal Facility Management for
Custodial Services in the amount of $340,780.
iv) Short Term Security - Additional Funding
Approval of additional funding in the amount of $20,000, to pay for short-
term security to provide service until the end of the contract term, on
October 15, 2022.
Moved by Council Member Chelsea Nunnenkamp
Seconded by Council Member Joe Anderson
Motion to approve Consent Agenda items 9(a)(ii and iv), 9(b)(i-vii), and
9(c)(ii-iv).
For Against Abstained
Othoniel Sierra x
Chelsea Nunnenkamp (Moved
By)
x
Joe Anderson (Seconded By) x
Steven Ward x
Rita Russell x
Jim Woodward x
6 0 0
Page 8 of 11
Draft
Page 108 of 330
City Council Regular
October 17, 2022
Motion CARRIED.
10 Public Hearing Items
No public hearing was scheduled before Council
11 Ordinances, Resolutions and Motions
a) Approval of Ordinances on First Reading
There were no additional Ordinances on First Reading. (See Agenda Item
9(a)(i-iv).
b) Approval of Ordinances on Second Reading
There were no additional Ordinances on Second Reading. (See Agenda Item
9(b)(i-vii).
c) Resolutions and Motions
i) Englewood Downtown Development Authority 2023 Budget
Moved by Council Member Jim Woodward
Seconded by Council Member Chelsea Nunnenkamp
Approval of the Englewood Downtown Development Authority 2023
Budget.
For Against Abstained
Othoniel Sierra x
Chelsea Nunnenkamp (Seconded
By)
x
Joe Anderson x
Steven Ward x
Rita Russell x
Jim Woodward (Moved By) x
6 0 0
Motion CARRIED.
ii) Professional Services Agreement with Jacobs Engineering Group, Inc for
City Ditch Piping Project Phase I
Moved by Council Member Chelsea Nunnenkamp
Seconded by Council Member Jim Woodward
Page 9 of 11
Draft
Page 109 of 330
City Council Regular
October 17, 2022
Approval to Award a Professional Services Agreement with Jacobs to
support Phase I project development activities for the City Ditch Piping
Project in the amount of $441,257, including approval to execute any
change order(s) to expend a 20% staff-managed contingency in the
amount of $88,252, for a total project authorization of $529,509.
For Against Abstained
Othoniel Sierra x
Chelsea Nunnenkamp (Moved
By)
x
Joe Anderson x
Steven Ward x
Rita Russell x
Jim Woodward (Seconded By) x
6 0 0
Motion CARRIED.
iii) Contract Amendment to Provide Additional Funding for CrossPurpose.
Moved by Council Member Joe Anderson
Seconded by Council Member Jim Woodward
Approval of a contract amendment to provide $87,737 in additional,
approved American Rescue Plan Act (ARPA) funding to CrossPurpose
for capital costs associated with the build-out of a career training program
located at 3855 South Broadway in Englewood.
For Against Abstained
Othoniel Sierra x
Chelsea Nunnenkamp x
Joe Anderson (Moved By) x
Steven Ward x
Rita Russell x
Jim Woodward (Seconded By) x
6 0 0
Motion CARRIED.
iv) Resolution of Support in Favor of Sales Tax Ballot Issues
Moved by Council Member Jim Woodward
Seconded by Council Member Chelsea Nunnenkamp
RESOLUTION NO. 34, SERIES OF 2022
A RESOLUTION URGING THE REGISTERED ELECTORS OF THE
CITY TO VOTE IN FAVOR OF BALLOT ISSUE NO. 2B AND BALLOT
Page 10 of 11
Draft
Page 110 of 330
City Council Regular
October 17, 2022
ISSUE NO. 2C AT THE NOVEMBER 2022 GENERAL ELECTION, TO
INCREASE THE CITY'S SALES AND USE TAX BY .2 PERCENT AND .1
PERCENT RESPECTIVELY, WHICH IF BOTH MEASURES PASSED,
FROM 3.5 PERCENT TO 3.8 PERCENT.
For Against Abstained
Othoniel Sierra x
Chelsea Nunnenkamp (Seconded
By)
x
Joe Anderson x
Steven Ward x
Rita Russell x
Jim Woodward (Moved By) x
6 0 0
Motion CARRIED.
12 General Discussion
a) Mayor's Choice
b) Council Members' Choice
13 City Manager’s Report
14 Adjournment
MAYOR SIERRA MOVED TO ADJOURN. The meeting adjourned at 8:48 p.m.
Senior Deputy City Clerk
Page 11 of 11
Draft
Page 111 of 330
Marcia McGilley, Executive Director Aurora-South Metro SBDC 15151 E Alameda Parkway, Suite 2300 Aurora, CO 80012 Direct: 303.326.8694 Mobile: 303.944.8838 mmcgille@auroragov.org www.Aurora-SouthMetroSBDC.com
1
Aurora-South Metro SBDC
2020 – 2021 Annual Economic Update
City of Englewood
IGA Activities for 2023, 2024 and 2025:
- Quarterly events, workshops and/or seminars
- One-on-one Consulting (8 hrs. monthly, as needed)
- Executive Director to assist Economic Development group by
attending meetings/events, serve on committees/boards,
updating information needed for citizens to excel in business
ownership and attend strategy meetings, as needed.
- Participate fully in the Englewood Economic Development
Strategic Plan
- Monthly Touch Base calls with Economic Development Manager
to update on programs, activities and confidential client needs.
- Small Business Survey
- Provide Annual Update to City Council regarding goals and
economic impact of programs
- Provide marketing and promotion materials to promote
programs
- Serve on the Arapahoe County Small Business Recovery Task
Force
- Collaborate with the Englewood Chamber of Commerce and the
Englewood Downtown Development Authority regarding
marketing efforts and activities.
Funding Request:
o Summit Level Sponsorship: $20,000 annually
o Three-year commitment: 2023, 2024 and 2025
Our Mission is to help existing and new businesses grow and prosper in the Aurora-
South Metro area (Arapahoe, Douglas and South Jefferson counties).
Our Vision is to be the premier, trusted choice of Colorado businesses for consulting,
training and resources.
Page 112 of 330
Marcia McGilley, Executive Director Aurora-South Metro SBDC 15151 E Alameda Parkway, Suite 2300 Aurora, CO 80012 Direct: 303.326.8694 Mobile: 303.944.8838 mmcgille@auroragov.org www.Aurora-SouthMetroSBDC.com
2
Customer Service: We maximize the economic potential of entrepreneurs and our
clients give our consultants/trainers a 97% satisfaction rate.
Nationally Accredited Program by the Association of America’s Small Business
Development Centers
Citizen requests for SBDC services doubled (or tripled) in volume
during 2020-21 due to the pandemic.
2020 - 2021 SBDC Service Volume:
1:1 Consulting Sessions: 4,297 (Pre-COVID: 1,500)
1:1 Clients: 1,370 (Pre-COVID: 500)
Webinars: 125 (Pre-COVID: 65)
Webinar Attendees: 1,767 (Pre-COVID: 850)
Client Resource Referrals: 5,000+ (Pre-COVID: 2,500)
2020 - 2021 Client Economic Impact
Jobs Created: 154 (SBA Goal: 83)
Jobs Retained: 238 (SBA Goal: 95)
Capital Formation: $8.1M (SBA Goal: $3.8M)
Sales Increase: $17.3M (SBA Goal: $3.1M)
Government Contracts: $8M (SBA Goal: $1.3M)
2020 - 2021 SBDC Englewood Service Volume:
1:1 Consulting Sessions: 900
1:1 Citizens Assisted: 264
Hours of Consulting: 410
2020 - 2021 Client Englewood Economic Impact
Jobs Created: 35
Jobs Retained: 63
Capital Formation: $548,927
Sales Increase: $556,889
Govt Contracts; $30,000
Existing vs Start-Up Business data:
65% Existing and 35% Start-Up Businesses assisted
Page 113 of 330
Marcia McGilley, Executive Director Aurora-South Metro SBDC 15151 E Alameda Parkway, Suite 2300 Aurora, CO 80012 Direct: 303.326.8694 Mobile: 303.944.8838 mmcgille@auroragov.org www.Aurora-SouthMetroSBDC.com
3
SBDC Clients: Small Business Owner
Ethnicity
(Self-identified upon
registration)
Arapahoe
County General
2019 2020 5 Years Population
Asian 5.7 6.9 6.9 5.93
Black/African
American 26.9 25 23.9 10.5
Native American 3.3 2.9 3.7 0
White 59.5 54.1 59.8 59.6
Hawaiian/Pacific
Islander 0.3 1 0.7 0
Hispanic 14.9 17.6 15.5 12.4
Other/Hispanic n/a n/a n/a 4.45
No Race Response 8.1 15.3 8.7 n/a
2020 - 2021 Partnership Events and Strategies:
Annual Business & Lenders Resource Fair – Virtual with the Greater Englewood
Chamber of Commerce
LEADING EDGETM Strategic Planning Series – Colorado’s premiere business planning
course, held six times per year
Home-based Childcare Business Planning program (English and Spanish) –
curriculum developed in 2020, 4 courses offered in 2021 and 4 courses in 2022
Englewood Economic Development Strategic Planning Process – Director actively
participating in all strategic planning meetings, RFP committee participation,
assisted with finding clients for focus groups, etc.
Greater Englewood Chamber of Commerce partnership
Promote Pandemic City Scholarship Grant program to SBDC clients
Page 114 of 330
Marcia McGilley, Executive Director Aurora-South Metro SBDC 15151 E Alameda Parkway, Suite 2300 Aurora, CO 80012 Direct: 303.326.8694 Mobile: 303.944.8838 mmcgille@auroragov.org www.Aurora-SouthMetroSBDC.com
4
Promote City Initiation/Acceleration Grants program to SBDC clients
Social media/blog shares and posts
Web presence on SBDC site
Connections with the Small Business Administration (SBA) regarding the Emerging
Leaders program; Mi Casa Resource Center regarding Spanish Language resources;
Manufacturer’s Edge; CDFI Lenders; etc.
Strategic Partnerships/Programs developed during COVID:
- Colorado Legal Relief Program (free legal advice for COVID related
issues not in litigation):
https://www.coloradocovidrelief.org/
- A/D Works! Collaboration and promotion on all Arapahoe Cares Relief
programs and Business Conferences (online)
- Increased collaboration and promotion on all relief programs including
Cares Act, Arapahoe Cares, ARPA, Arapahoe County and all municipal
programs
- IRS webinar for small businesses
- Spanish language – Accounting program, business planning, start-up
series, Business Conversations and Community Wealth Building
(developing financials for year-end)
Ongoing Strategic Partnerships/Programs:
- Start-Up Essentials: Launching, Marketing, Cash Flow & Biz Plan
- Fired Up: I Want to Start a Business!
- Connect2DOT (transportation program)
- Leading Edge (business/pivot planning course)
- TechSource (SBIR/STTR assistance for tech companies)
- Minority Business Office (certification programs/consulting)
- Business Librarians assist clients with business market research
(Arapahoe County Libraries)
Page 115 of 330
Marcia McGilley, Executive Director Aurora-South Metro SBDC 15151 E Alameda Parkway, Suite 2300 Aurora, CO 80012 Direct: 303.326.8694 Mobile: 303.944.8838 mmcgille@auroragov.org www.Aurora-SouthMetroSBDC.com
5
Event Collaboration:
- Colorado Advancing Procurement Expo 2021 – two virtual events (April
and October)
- 15th Annual Veterans Small Business Conference – virtual 10/12/22 and
in-person 9/18/23
Leadership and COVID Disaster Relief:
A. Aurora-South Metro SBDC Certified Disaster Relief Experts – full staff is fully
certified to assist in SBA Certified Disaster incidences
- SBA Federal – EIDL, EIDL Advance and PPP Programs, ARPA
- State, County and Municipal programs including ARPA
- Energize Colorado – Gap Fund and Climber Fund
- Alternative Funding Sources located on OEDIT site
B. Expanded services to Spanish language (consulting and webinars) through
outreach, collaboration, programming, hand-outs, business planning mobile
app, and added two bi-lingual staff members.
C. Assistance to the Municipalities and Chambers:
- Assistance with Federal EIDL and PPP programs for citizens, ARPA
- Individual municipality webinars offered, as requested for citizens
D. Executive Director serves as disaster expert on the following:
- Arapahoe County Recovery Task Force
- Available via personal phone to all economic development partners to
assist with citizen questions
E. Expanded SBDC Team from 3 to 6 FTE’s at the host office and added 6 PT
contractors. Plans to expand human capital in 2023 adding 1 FT FTE and 1
Contract Consultant for the south metro area.
F. Serves on the Colorado SBDC Network’s Committees: TechSource,
Alternative Sources of Funding, Minority Statewide Services, Early Childcare
Development Committee, Spanish Language Committee, Statewide Strategic
Planning Committee and Accreditation Committee (chair)
G. Serves on the national ASBDC National Veteran’s Outreach Interest Group
Page 116 of 330
COUNCIL COMMUNICATION
TO: Mayor and Council
FROM: Tamara Niles
DEPARTMENT: City Attorney's Office
DATE: November 7, 2022
SUBJECT:
CB 68 - Approve a bill for an ordinance repealing the Shoplifting
and Price Switching Ordinances from Offenses Code
DESCRIPTION:
CB 68 - Approve a bill for an ordinance repealing the Shoplifting and Price Switching
Ordinances from Offenses Code
RECOMMENDATION:
Staff recommends that Council amend Title 7, Chapter 6, Article F of Englewood Municipal
Code to remove Shoplifting and Price Switching sections, as those offenses are now contained
within the defintion of theft elsewhere in Municipal Code.
PREVIOUS COUNCIL ACTION:
Ordinance No. 36, Series of 2022 adopted on final reading, August 15, 2022: amending various
sections of public offense code, including theft definition.
SUMMARY:
Ordinance No. 36, Series of 2022 amended EMC § 7-6F-4 expanding its application to various
Theft related offenses thus eliminating the need for separate sections of Shoplifting and Price
Switching. The proposed council bill repeals those two separate sections.
The amendment of Petty Theft in EMC § 7-6F-4 to Theft, and inclusion of additional language to
mirror state law expands its application to various theft-related offenses. EMC § 7-6F-4, as
amended, and other existing law as it relates to the ability to detain offenders for investigation,
eliminates the need for separate Municipal Code sections of Shoplifting and Price Switching in
EMC §§ 7-6F-3 and 7-6F-5.
ANALYSIS:
COUNCIL ACTION REQUESTED:
Repeal of Municipal Code sections for Shoplifting and Price Switching in EMC §§ 7-6F-3 and 7-
6F-5.
FINANCIAL IMPLICATIONS:
There is no fiscal impact associated with this action.
Page 117 of 330
CONNECTION TO STRATEGIC PLAN:
Simplifies the code making governance more efficient, and also makes implementation of the
offense code more effective and clearer.
ATTACHMENTS:
Council Bill #68
Page 118 of 330
1
BY AUTHORITY
ORDINANCE NO. ____ COUNCIL BILL NO. 68
SERIES OF 2022 INTRODUCED BY COUNCIL
MEMBER _________________
A BILL FOR
AN ORDINANCE AMENDING TITLE 7, CHAPTER 6 ARTICLE F, OF
ENGLEWOOD MUNICIPAL CODE REGARDING SHOPLIFTING AND
PRICE SWITCHING
WHEREAS, Englewood Municipal Code Title 7, Chapter 6, Article F, provides for
offenses relating to property; and
WHEREAS, Ordinance No. 36, Series of 2022 amended various sections of the public
offense code, including EMC § 7-6F-4; and
WHEREAS, amendment of Petty Theft in EMC § 7-6F-4 to Theft, and inclusion of
additional language to mirror state law expands its application to various theft-related offenses;
and
WHEREAS, EMC § 7-6F-4, as amended, and other existing law as it relates to the ability
to detain offenders for investigation, eliminates the need for separate Municipal Code sections of
Shoplifting and Price Switching in EMC §§ 7-6F-3 and 7-6F-5, and those sections may be
repealed.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. Repeal of Shoplifting Offense from Englewood Municipal Code
Title 7, Chapter 6, Article F, Section 3 of Englewood Municipal Code, Shoplifting, is hereby
repealed in full.
7-6F-3: Reserved - Shoplifting.
A. Offense Stated. It shall be unlawful for any person to willfully obtain unpurchased goods,
wares or merchandise owned or held by and offered or displayed for sale by any store or other
mercantile establishment with an intent to avoid payment, which goods, wares or merchandise
have a total value of less than five hundred dollars ($500.00).
The fact of obtaining unpurchased goods with an intent to avoid payment may be shown by
concealment of the goods on one's person or otherwise, whether on or off the premises or by
some other conduct of a person which evidences such intent to avoid payment.
Page 119 of 330
2
B. Right to Detain and Question. If any person conceals upon his person or otherwise carries
away any unpurchased good, wares or merchandise held or owned by any store or mercantile
establishment, the merchant or any employee thereof or any peace officer, acting in good faith
and upon probable cause based upon reasonable grounds therefor, may detain and question
such person, in a reasonable manner, for the purpose of ascertaining whether the person is
guilty of shoplifting. It is unlawful for any person to intentionally, knowingly, or recklessly
interfere with or obstruct any store or mercantile establishment employee attempting to detain
or detaining any person so suspected of shoplifting.
Section 2. Repeal of Price Switching Offense from Englewood Municipal Code
Title 7, Chapter 6, Article F, Section 5 of Englewood Municipal Code, Price Switching, is hereby
repealed in full (new provision in italics; repealed section cross-through).
7-6F-5: Reserved- Price Switching.
It shall be unlawful for any person to willfully alter, remove or switch the indicated price of
any unpurchased goods, wares or merchandise owned or held by and offered or displayed for
sale by any store or other mercantile establishment, with the intent to defraud such store or
mercantile establishment; provided, however, that this section shall not apply to goods, wares
or merchandise of a value of five hundred dollars ($500.00) or more.
Section 3. General Provisions Applicable to this Ordinance
The following general provisions and findings are applicable to the interpretation and application
of this Ordinance:
A. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the application
thereof to any person or circumstances shall for any reason be adjudged by a court of competent
jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this
Ordinance or its application to other persons or circumstances.
B. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or
conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such
inconsistency or conflict.
C. Effect of repeal or modification. The repeal or modification of any provision of the Code
of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change
in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have
been incurred under such provision, and each provision shall be treated and held as still remaining
in force for the purposes of sustaining any and all proper actions, suits, proceedings, and
prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose
of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in
such actions, suits, proceedings, or prosecutions.
D. Safety Clauses. The City Council hereby finds, determines, and declares that this
Ordinance is promulgated under the general police power of the City of Englewood, that it is
Page 120 of 330
3
promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and welfare.
The City Council further determines that the Ordinance bears a rational relation to the proper
legislative object sought to be obtained. This Safety Clause is not intended to affect a Citizen right
to challenge this Ordinance through referendum pursuant to City of Englewood Charter 47.
E. Publication. Publication of this Ordinance may be in the City’s official newspaper, the
City’s official website, or both. Publication shall be effective upon the first publication by either
authorized method.
F. Actions Authorized to Effectuate this Ordinance. The Mayor is hereby authorized and
directed to execute all documents necessary to effectuate the approval authorized by this
Ordinance, and the City Clerk is hereby authorized and directed to attest to such execution by the
Mayor where necessary. In the absence of the Mayor, the Mayor Pro Tem is hereby authorized to
execute the above-referenced documents. The execution of any documents by said officials shall
be conclusive evidence of the approval by the City of such documents in accordance with the terms
thereof and this Ordinance. City staff is further authorized to take additional actions as may be
necessary to implement the provisions of this Ordinance.
Introduced, read in full, and passed on first reading on the 7th day of November, 2022.
Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 10th
day of November, 2022.
Published as a Bill for an Ordinance on the City’s official website beginning on the 9th
day of November, 2022 for thirty (30) days.
Othoniel Sierra, Mayor
ATTEST:
Stephanie Carlile, City Clerk
I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the
above and foregoing is a true copy of the Bill for an Ordinance introduced, read in full, and passed
on first reading on the 7th day of November, 2022.
Stephanie Carlile
Page 121 of 330
COUNCIL COMMUNICATION
TO: Mayor and Council
FROM: Darren Hollingsworth
DEPARTMENT: Community Development
DATE: November 7, 2022
SUBJECT:
CB 71 - Approve a bill for an ordinance authorizing a 3-year
Intergovernmental Agreement (IGA) with the Aurora-South Metro
Small Business Development Center
DESCRIPTION:
CB 71 - Approval of 3-year IGA with the Aurora-South Metro Small Business Development
Center
RECOMMENDATION:
Staff recommends approval of a three-year Intergovernmental Agreement (IGA) with the Aurora-
South Metro Small Business Development Center.
PREVIOUS COUNCIL ACTION:
On November 7, 2016, city council approved Council Bill 41 authorizing an intergovernmental
agreement with the Aurora-Small Business Development Center that created the first three-year
partnership to support Englewood's entrepreneurs and small business owners through the end
of 2019. Subsequently, Council Bill 39, Series 2019 was approved to reauthorize Englewood’s
partnership with the Aurora-South Metro Small Business Development Center through 2022.
SUMMARY:
The SBDC provides technical assistance and advanced small business services at the local
level by offering training, seminars, one-on-one consulting, and localized workshops and
training for Englewood entrepreneurs. The programs and services offered by the SBDC are
interconnected with Englewood’s economic development initiatives and are integral to
Englewood’s economic development program. Grant recipients for the city’s business initiation
grant and business acceleration grant must participate in the SBDC’s business planning
workshops or training to be eligible for funding assistance.
ANALYSIS:
For the past six years, the City of Englewood has successfully partnered with the Aurora-South
Metro Small Business Development Center to perform key services for businesses in
Englewood. The existing agreement will expire at the end of 2022. The draft ordinance would
approve extending the city's partnership with the SBDC for an additional three years.
The Executive Director of the SBDC provides annual updates to city council about the economic
impacts of the program in Englewood. This new partnership agreement will provide for
enhanced local services, including conducting an annual survey of Englewood businesses that
participate in the SBDC program. The SBDC will also provide in-person technical assistance at
Page 122 of 330
Englewood Civic Center or virtually, based on demand, for up to eight hours monthly. Finally,
the SBDC will also provide specialized small business lender training for banks and financial
institutions that provide SBA loans. Approval of the IGA will implement a recommendation in
Englewood’s draft strategic economic development plan.
COUNCIL ACTION REQUESTED:
Staff recommends that city council approve on First Reading an Intergovernmental Agreement
with the Aurora-South Metro Small Business Development Center (SBDC) to provide training,
business seminars, one-on-one consulting, and specialized small business programs in
Englewood all to benefit Englewood's entrepreneurs and small business owners.
FINANCIAL IMPLICATIONS:
The city provides the use of city facilities to SBDC to host workshops and consulting services at
low or no cost to Englewood entrepreneurs. Providing the use of these facilities is a non-cash
contribution to the SBDC. Additionally, as a sponsor of the SBDC, the City of Englewood will
provide an annual contribution of $20,000 for a three-year sponsorship period to support the
program and provide training, business seminars, one-on-one consulting, and specialized small
business programming for Englewood. The partnership period is 2023, 2024, and 2025 and may
be terminated pursuant to the agreement if annual funding is not allocated for this program. The
funding for the three-year annual contribution to SBDC will come from the Economic
Development Program GL Code: 02-0801-57301. The 2023 budget for the Economic
Development Program line-item is $130,000.
CONNECTION TO STRATEGIC PLAN:
In the furtherance of the goal of enhancing economic vitality and supporting entrepreneurs in
Englewood, contracting with the Aurora-South Metro Small Business Development Center
enhances Englewood's economic development offerings to small businesses by providing
technical assistance and specialized training to entrepreneurs.
ATTACHMENTS:
Bill for Ordinance #71
IGA with SBDC
Page 123 of 330
1
BY AUTHORITY
ORDINANCE NO. ____ COUNCIL BILL NO. 71
SERIES OF 2022 INTRODUCED BY COUNCIL
MEMBER ________________
A BILL FOR
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL
AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND
AURORA-SOUTH METRO SMALL BUSINESS DEVELOPMENT
CENTER TO PERFORM SMALL BUSINESS SEMINARS, ONE-ON-ONE
CONSULTING, AND WORKSHOPS IN THE CITY OF ENGLEWOOD.
WHEREAS, in the furtherance of enhancing economic vitality and supporting
entrepreneurs, the City of Englewood desires to contract with Aurora-South Small Business
Development Center (SBDC) to perform a variety of activities that will enhance training
opportunities for entrepreneurs and small business owners; and
WHEREAS, Englewood previously entered into a three-year sponsorship agreement
with the SBDC to provide technical assistance and advanced small business services at the local
level under Ordinance No. 44, Series of 2019, and the SBDC performed under the agreement to
the satisfaction of City staff; and
WHEREAS, the programs and services offered by the SBDC are interconnected with
Englewood’s economic development initiatives and continue to be integral to Englewood’s
economic development program; and
WHEREAS, the SBDC will conduct an annual Small Business Survey of Englewood
businesses (zip codes 80110 and 80113) to assess small business needs in order to meet those
needs through SBDC services or referring to needed resources; and
WHEREAS, the SBDC will provide training, business seminars, one-on-one consulting,
and workshops in Englewood, and/or remotely, as requested; and
WHEREAS, grant recipients for the City’s business initiation grant and business
acceleration grant must participate in the SBDC’s business planning workshops or training to be
eligible for funding assistance; and
WHEREAS, the City will host these events in municipal facilities at no cost to the Aurora-
South Small Business Development Center (SBDC), which is a non-cash contribution; and
WHEREAS, as a sponsor of the SBDC, the City of Englewood will provide an annual
contribution of $20,000 for a three-year sponsorship period to support the program and the SBDC
will provide training, business seminars, one-on-one consulting, conduct an annual survey to assess
small business needs, and offer workshops in Englewood and/or remotely, as requested.
Page 124 of 330
2
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, THAT:
Section 1. The City Council of the City of Englewood, Colorado hereby authorizes the
Intergovernmental Agreement (IGA) between the Aurora-South Metro Small Business Development
Center (SBDC) and the City of Englewood, as attached hereto as Exhibit A.
Section 2. The following general provisions and findings are applicable to the
interpretation and application of this Ordinance:
A. Severability. If any clause, sentence, paragraph, or part of this Ordinance
or the application thereof to any person or circumstances shall for any reason be adjudged
by a court of competent jurisdiction invalid, such judgment shall not affect, impair or
invalidate the remainder of this Ordinance or its application to other persons or
circumstances.
B. Inconsistent Ordinances. All other Ordinances or portions thereof
inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed
to the extent of such inconsistency or conflict.
C. Effect of repeal or modification. The repeal or modification of any
provision of the Code of the City of Englewood by this Ordinance shall not release,
extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability,
either civil or criminal, which shall have been incurred under such provision, and each
provision shall be treated and held as still remaining in force for the purposes of
sustaining any and all proper actions, suits, proceedings, and prosecutions for the
enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining
any judgment, decree, or order which can or may be rendered, entered, or made in such
actions, suits, proceedings, or prosecutions.
D. Safety Clauses. The City Council hereby finds, determines, and declares
that this Ordinance is promulgated under the general police power of the City of
Englewood, that it is promulgated for the health, safety, and welfare of the public, and
that this Ordinance is necessary for the preservation of health and safety and for the
protection of public convenience and welfare. The City Council further determines that
the Ordinance bears a rational relation to the proper legislative object sought to be
obtained. This Safety Clause is not intended to affect a Citizen right to challenge this
Ordinance through referendum pursuant to City of Englewood Charter 47.
E. Publication. Publication of this Ordinance may be in the City’s official
newspaper, the City’s official website, or both. Publication shall be effective upon the
first publication by either authorized method.
F. Actions Authorized to Effectuate this Ordinance. The Mayor is hereby
authorized and directed to execute all documents necessary to effectuate the approval
authorized by this Ordinance, and the City Clerk is hereby authorized and directed to
attest to such execution by the Mayor where necessary. In the absence of the Mayor, the
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3
Mayor Pro Tem is hereby authorized to execute the above-referenced documents. The
execution of any documents by said officials shall be conclusive evidence of the approval
by the City of such documents in accordance with the terms thereof and this Ordinance.
City staff is further authorized to take additional actions as may be necessary to
implement the provisions of this Ordinance.
G. Enforcement. To the extent this ordinance establishes a required or
prohibited action punishable by law, unless otherwise specifically provided in Englewood
Municipal Code or applicable law, violations shall be subject to the General Penalty
provisions contained within EMC § 1-4-1.
Introduced, read in full, and passed on first reading on the 7th day of November,
2022.
Published by Title as a Bill for an Ordinance in the City’s official newspaper on
the 10th day of November, 2022.
Published as a Bill for an Ordinance on the City’s official website beginning on
the 9th day of November, 2022. for thirty (30) days.
Othoniel Sierra, Mayor
ATTEST:
Stephanie Carlile, City Clerk
I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that
the above and foregoing is a true copy of the Bill for an Ordinance introduced, read in
full, and passed on first reading on the 7th day of November, 2022.
Stephanie Carlile
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1
INTERGOVERNMENTAL AGREEMENT
THIS AGREEMENT is made this ______ day of __________, 2022, by and between the
Aurora-South Metro Small Business Development Center (SBDC) and the City of
Englewood, Colorado, a municipal corporation.
WHEREAS, in furtherance of enhancing economic vitality and supporting
entrepreneurs, the City of Englewood, Colorado desires to contract with Aurora-South
Small Business Development Center to perform small business consultations, technical
assistance, training, and workshops at Englewood Civic Center and/or remotely, as
requested; and
WHEREAS, the services provided by the Aurora-South Small Business Development
Center are integral to Englewood's economic development program; and
WHEREAS, participants in the grant initiatives offered by the City of Englewood are
required to participate in the workshops, training, or consulting as offered by the Aurora-
South Small Business Development Center; and
WHEREAS, the parties desire to enter into an agreement by describing the
relationship between the Aurora-South Metro Small Business Development Center and
the City of Englewood regarding services that the Aurora-South Metro Small Business
Development Center will perform for the City; and
NOW, THEREFORE, in consideration of the covenants and promises contained
herein, the sufficiency of which is acknowledged by the parties, the parties agree as
follows:
1. Aurora-South Metro Small Business Development Center will provide quarterly
events, workshops or seminars based on local priorities (examples include: Small
Business Startup Workshops, Small Business Resource and Lenders Expo, SBA
Lenders Training, Succession Planning, Small Business Saturday support,
industry/sector focused workshops such as the Annual Manufacturing Day event,
Englewood Creates event, or Starting Your Retail Food Establishment workshop).
2. Aurora-South Metro Small Business Development Center will provide free and
confidential, individualized, one-on-one Consulting/Technical Assistance (in-
person at Englewood Civic Center or virtually, based on demand, up to 8 hours
monthly). Consultants/Trainers will inform Englewood citizens of Englewood
access to capital/grant programs.
3. Aurora-South Metro Small Business Development Center will provide E xecutive
Director Leadership in the following ways: Director will attend meetings, sit on
committee/boards for economic development, and attend events and strategy
meetings on an as needed basis.
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2
4. Monthly “Touch Base” calls/meetings will be held with the Englewood Economic
Development Manager and the SBDC Executive Director for the following
reasons:
a. SBDC Executive Director will update on programs, activities and
confidential client needs;
b. SBDC Executive Director will provide connectivity to the Colorado SBDC
Network office, Office of Economic Development and International Trade,
and other statewide SBDC Centers to keep Englewood appraised of
programs statewide; and
c. Englewood Economic Development Manager will provide SBDC with
grant recipient information monthly and a list of new businesses in
Englewood quarterly.
5. Conduct an annual Small Business Survey of Englewood businesses (zip
codes 80110 and 80113) to assess small business needs to meet those needs
through SBDC services or refer to needed resources. Report findings annually.
6. The Executive Director of the Aurora-South Metro Small Business Development Center
will provide an annual update to the Englewood City Council regarding the goals and
economic impacts of the program in Englewood and findings from the annual survey.
7. Aurora-South Metro Small Business Development Center will provide Marketing and
Promotion, Press Announcements for new sponsorship, Website presence on both
the City of Englewood and Aurora-South Metro Small Business Website (links to each
other's website), a monthly e-newsletter presence with one Featured Story annually,
and Social Media Presence (stories, social media posts and events information).
8. Economic Development Manager and the Executive Director will sit on the
Arapahoe County Small Business Task Force and collaborate on issues that arise
on the calls.
9. The Aurora-South Metro SBDC will coordinate with the Englewood Chamber of
Commerce and the Englewood Downtown Development Authority to establish and
integrate marketing efforts and activities, where appropriate.
10. The City of Englewood will have a Summit Level Sponsorship, which is appropriate
for corporate, governmental (city and county level), educational and financial
institutions at an investment of $20,000 annually. Reassessment of sponsorship
amount will be discussed June 1 annually to determine if increased funding is
needed. Any agreed upon changes will be presented in writing and subject to
annual budget appropriations.
11. The City of Englewood agrees to a three (3) year commitment for the years 2023,
2024 and 2025 to sponsor the services provided to the City from the Aurora-South
Metro SBDC. A three (3) year commitment is required as SBA budgets and capacity
building plans cover this time frame.
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The parties understand and acknowledge that each party is subject to Article X, § 20
of the Colorado Constitution ("Tabor"). The parties do not intend to violate the terms
and requirements of TABOR by the execution of this Agreement. It is understood and
agreed that this Agreement does not create a multi-fiscal year direct or indirect debt or
obligation within the meaning of TABOR and, notwithstanding anything in this
Agreement to the contrary, all payment obligations of the City are expressly dependent
and conditioned upon the continuing availability of funds beyond the term of the City's
current fiscal period ending upon the next succeeding December 31. Financial
obligations of the City payable after the current fiscal year are contingent upon funds
for that purpose being appropriated, budgeted, and otherwise made available in
accordance with the rules, regulations, and resolutions of the City and applicable law.
Upon the failure to appropriate such funds, this Agreement shall be deemed terminated.
12. Upon receipt of an invoice from the Aurora-South Metro Small Business Development
Center, the City of Englewood agrees to pay their sponsorship funding based on the
schedule below.
Due Date: $20,000 on January 15th annually
Total Annual Sponsorship Level: $20,000
Three-year sponsorship period: 2023, 2024 and 2025.
13. Termination. This Agreement may be terminated by either party with a 30-day written
notice, in which case the Aurora-South Metro Small Business Development Center will
provide to the City a final billing for time and materials or other related expenses within
30 days of the termination date of this Agreement.
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IN WITNESS WHEREOF, the Aurora-South Metro Small Business Development Center
and the City of Englewood, Colorado have executed this Agreement as of the day, month and
year first above written.
CITY OF ENGLEWOOD
By
Othoniel Sierra, Mayor
ATTEST: By
Stephanie Carlile, City Clerk
AURORA-SOUTH METRO SMALL
BUSINESS DEVELOPMENT CENTER
y Marcia McGilley
SBDC Executive Director
ATTEST:
By
Frankie Anderson
Page 130 of 330
COUNCIL COMMUNICATION
TO: Mayor and Council
FROM: Tamara Niles
DEPARTMENT: City Attorney's Office
DATE: November 7, 2022
SUBJECT:
CB 62 - Amending the Englewood Municipal Code 5-15-1
regarding definition of pawnbroker
DESCRIPTION:
CB 62 - Ordinance amending EMC 5-15-1 regarding definition of pawnbroker, to reflect changes
in caselaw and to mirror statutory revision of CRS § 29-11.9-101 as made by HB22-1324
RECOMMENDATION:
Approve Ordinance amending EMC 5-15-1 regarding definition of pawnbroker
SUMMARY:
On May 26, 2022, Colorado Governor Jared Polis signed into law HB22-1324, amending the
definition of pawnbroker in CRS § 29-11.9-101 to comply with caselaw interpretations. To comply
with caselaw interpretations and mirror state law, Englewood Municipal Code Section 5-15-1,
which provides for a definition of pawnbroker, must be revised as well.
In addition, the proposed ordinance revises wording (without changing substantive content) and
formatting for consistency with the rest of Englewood Municipal Code.
COUNCIL ACTION REQUESTED:
Approve the ordinance
FINANCIAL IMPLICATIONS:
None Anticipated
ATTACHMENTS:
Council Bill #62
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BY AUTHORITY
ORDINANCE NO. ___ COUNCIL BILL NO. 62
SERIES OF 2022 INTRODUCED BY COUNCIL
MEMBER NUNNENKAMP
AN ORDINANCE AMENDING TITLE 5, CHAPTER 15, SECTION 5-15-1
OF ENGLEWOOD MUNICIPAL CODE REGARDING THE DEFINITION
OF PAWNBROKER.
WHEREAS, on May 26, 2022, Colorado Governor Jared Polis signed into law HB22-
1324, amending the definition of pawnbroker in CRS § 29-11.9-101 to comply with caselaw
interpretations; and
WHEREAS, to comply with caselaw interpretations and mirror state law, Englewood
Municipal Code must be revised accordingly.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. Amendment of Englewood Municipal Code
Title 5, Chapter 15, Section 5-15-1 of Englewood Municipal Code is hereby amended to read as
follows (new provisions bold/italics, deleted provisions struck through):
5-15-1: Definitions.
As used in this Chaptersection, the following terms shall be defined as follows have the
meanings indicated:
A. Contract for Purchase: A contract entered into between a pawnbroker and a customer
pursuant to which money is advanced to the customer by the pawnbroker on the delivery of
tangible personal property by the customer to the pawnbroker on the condition that the customer,
for a fixed price and within a fixed period of time, to be no less than thirty (30) days, has the
option to cancel said contract.
B. Fixed Price: The amount agreed upon to cancel a contract for purchase during the option
period. Said fixed price shall not exceed:
(1) Oone-fifth (⅕) of the original purchase price for each month, plus the original
purchase price.
C. Fixed Time: That period of time, to be no less than thirty (30) days, as set forth in a
contract for purchase, for an option to cancel said contract.
D. Local Law Enforcement Agency: Any marshal's office, police department, or sheriff's
office with jurisdiction in the locality in which the customer enters into a contract for purchase or
a purchase transaction.
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E. Local Licensing Authority: Means the governing body of a municipality or city and
county in any incorporated area of the state.
F. Option: Means the fixed time and the fixed price agreed upon by the customer and the
pawnbroker in which a contract for purchase may be but does not have to be rescinded by the
customer.
G. Pawnbroker: A person who, in the course of their business, is (1) regularly engaged in
the business of making contracts for purchase, (2) both regularly engaged in the business of
making or purchase transactions and also regularly or occasionally makes contracts for
purchasein the course of business. A pawnbroker is not a This section shall not apply to
secondhand dealers unless except where applicable law specifically states otherwiseadopted by
another section.
H. Person: Any individual, firm, partnership, association, corporation, company,
organization, group or entity of any kind.
I. Purchase Transaction: Means tThe purchase by a pawnbroker in the course of their
his/her business of tangible personal property for resale, other than newly manufactured tangible
personal property which has not previously been sold at retail, when such purchase does not
constitute a contract for purchase.
J. Secondhand Goods: Includes aAny tangible personal property not sold as new and
normally having been used by one (1) or more intermediaries, including tools and electronic
devices. Secondhand goodsproperty does not include items that were sold as new and returned by
the customer for exchange or refund, or . Secondhand property includes but is not limited to
tools and electronic devices. Also, secondhand property does not include reconditioned property
purchased from a wholesaler.
K. Secondhand Dealer: A person engaged in the business of buying and selling or reselling
secondhand goods.
L. Tangible Personal Property: All personal property, other than a choses in action,
securities, or printed evidences of indebtedness, which property is deposited with or otherwise
actually delivered tointo the possession of a pawnbroker in the course of theirhis/her business in
connection with a contract for purchase or purchase transaction.
Section 2. General Provisions Applicable to this Ordinance
The following general provisions and findings are applicable to the interpretation and application
of this Ordinance:
A. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the application
thereof to any person or circumstances shall for any reason be adjudged by a court of competent
jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this
Ordinance or its application to other persons or circumstances.
B. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or
conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such
inconsistency or conflict.
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C. Effect of repeal or modification. The repeal or modification of any provision of the Code
of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change
in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have
been incurred under such provision, and each provision shall be treated and held as still remaining
in force for the purposes of sustaining any and all proper actions, suits, proceedings, and
prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose
of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in
such actions, suits, proceedings, or prosecutions.
D. Safety Clauses. The City Council hereby finds, determines, and declares that this
Ordinance is promulgated under the general police power of the City of Englewood, that it is
promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and welfare.
The City Council further determines that the Ordinance bears a rational relation to the proper
legislative object sought to be obtained. This Safety Clause is not intended to affect a Citizen right
to challenge this Ordinance through referendum pursuant to City of Englewood Charter 47.
E. Publication. Publication of this Ordinance may be in the City’s official newspaper, the
City’s official website, or both. Publication shall be effective upon the first publication by either
authorized method.
F. Actions Authorized to Effectuate this Ordinance. The Mayor is hereby authorized and
directed to execute all documents necessary to effectuate the approval authorized by this
Ordinance, and the City Clerk is hereby authorized and directed to attest to such execution by the
Mayor where necessary. In the absence of the Mayor, the Mayor Pro Tem is hereby authorized to
execute the above-referenced documents. The execution of any documents by said officials shall
be conclusive evidence of the approval by the City of such documents in accordance with the terms
thereof and this Ordinance. City staff is further authorized to take additional actions as may be
necessary to implement the provisions of this Ordinance.
G. Enforcement. To the extent this ordinance establishes a required or prohibited action
punishable by law, unless otherwise specifically provided in Englewood Municipal Code or
applicable law, violations shall be subject to the General Penalty provisions contained within
EMC § 1-4-1.
Introduced, read in full, and passed on first reading on the 17th day of October, 2022.
Published by Title as a Bill for an Ordinance in the City’s official newspaper the 20th day
of October, 2022.
Published as a Bill for an Ordinance on the City’s official website beginning on the 19th
day of October, 2022 for thirty (30) days.
Read by Title and passed on final reading on the 7th day of November, 2022.
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Published by Title in the City’s official newspaper as Ordinance No. ___, Series of 2022,
on the 10th day of November, 2022.
Published by title on the City’s official website beginning on the 9th day of November,
2022 for thirty (30) days.
This Ordinance shall take effect thirty (30) days after publication following final passage.
Othoniel Sierra, Mayor
ATTEST:
Stephanie Carlile, City Clerk
I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the
above and foregoing is a true copy of the Ordinance passed on final reading and published by
Title as Ordinance No. ___, Series of 2022.
Stephanie Carlile
Page 135 of 330
COUNCIL COMMUNICATION
TO: Mayor and Council
FROM: Tamara Niles
DEPARTMENT: City Attorney's Office
DATE: November 7, 2022
SUBJECT:
CB 65 - Amending Title 11 Chapter 5 of Englewood Municipal
Code regarding Trees and Shrubs
DESCRIPTION:
CB 65 - The Englewood Code Enforcement Advisory Committee requested an ordinance
amending municipal code on trees and shrubs. The proposed council bill incorporates Tree City
USA standards, and provides provisions requested by CEAC.
RECOMMENDATION:
Approve an ordinance amending City codes regarding trees and shrubs
SUMMARY:
The City Code Enforcement Advisory Committee analyzed the City's tree and shrub regulations,
and provided a list of areas needing revision to ensure the protection of the City's tree stock.
The City Attorney's Office reviewed the CEAC analysis and form tree ordinances published by
Tree City USA, and discussed potential code revisions with the City arborist Dave Lee.
Using a Tree City USA form ordinance, the City Attorney's Office drafted a proposed ordinance
amending municipal code and worked with Dave Lee to revise and finalize it. The City Attorney
attended the CEAC meeting on April 19, 2022 to discuss the proposal. After receiving
comments and proposed revisions from CEAC, the City Attorney's office revised the proposed
ordinance further, and the CEAC chairman notified the City Attorney on October 4, 2022 that the
proposed ordinance was approved by CEAC and recommended for adoption by City Council.
The proposed ordinance:
Amends Municipal Code Title 5 Chapter 11, Trees and Shrubs;
Authorizes City staff to create an approved tree list for public property and a list of prohibited
trees within the City that "contribute to infectious disease or pest infestation of other
Trees; threaten the health of other Trees; or threaten public health, safety, or welfare
within the City.";
Establishes that the Parks and Rec Commission also shall act as a City tree advisory board for
purposes of Tree City USA designations;
Incorporates by reference established tree planting and care standards;
Adds a new prohibited act of "topping" trees on public property, or "cutting back limbs to stubs
within a Tree’s crown to such a degree so as to remove the normal canopy and thereby
disfigure the Tree, except that Trees severely damaged by storms or other natural causes";
Provides clarity in wording and consistency in form; and
Page 136 of 330
Eliminates the separate nuisance tree abatement process, and moves it to the nuisance code to
follow established city-wide procedures for nuisances.
COUNCIL ACTION REQUESTED:
Adopt proposed Council Bill
FINANCIAL IMPLICATIONS:
None anticipated
ATTACHMENTS:
Council Bill #65
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BY AUTHORITY
ORDINANCE NO. ____ COUNCIL BILL NO. 65
SERIES OF 2022 INTRODUCED BY COUNCIL
MEMBER ANDERSON
AN ORDINANCE AMENDING ENGLEWOOD MUNICIPAL CODE
TITLE 11 CHAPTER 5 AND EMC § 15-1-2, REGARDING TREES TO
ADOPT MODEL CODE TO ENSURE PROTECTION OF CITY TREES
AND MOVE CORRECTION OF TREE VIOLATIONS TO NUISANCE
ABATEMENT CODES.
WHEREAS, trees can reduce the erosion of topsoil by wind and water, cut heating and
cooling costs, moderate the temperature, clean the air, produce oxygen, provide habitat for
wildlife, prevent flooding, beautify neighborhoods, and enhance business areas; and
WHEREAS, trees are vital to both public mental and physical health; and
WHEREAS, trees in the City of Englewood increase property values, enhance the
economic vitality of business areas, and beautify the community; and
WHEREAS, the City of Englewood, Colorado has been recognized for 37 consecutive
years as a Tree City USA by The National Arbor Day Foundation and desires to maximize its
tree-planting efforts; and
WHEREAS, the Code Enforcement Advisory Committee (“CEAC”) studied Englewood
Municipal Code (“EMC”) Title 11, Chapter 5 regarding Trees and Shrubs, and made several
recommendations for revision to ensure compliance with Tree City USA standards and to
provide additional protection against an anticipated ash tree infestation; and
WHEREAS, Tree City USA’s model tree ordinance serves as a basis to meet the goals
and objectives of the City and CEAC in maintaining a healthy tree population and it enables the
City to qualify for tree-related grants from various organizations; and
WHEREAS, this model tree ordinance, as revised below to meet the needs of the City of
Englewood, amends the current EMC Title 11, Chapter 5 to ensure a vibrant tree population within
the City; and
WHEREAS, to ensure consistency in City processes and procedures, responding to and
abating nuisance tree issues shall be moved to Englewood Municipal Code regarding nuisances,
as the Code amendments contained herein provide.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, THAT:
Section 1. Title 11 Chapter 5 of Englewood Municipal Code is hereby amended as follows (new
provisions in italics, deleted provisions struck through):
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Chapter 5 - TREES AND SHRUBS
11-5-1: Short Title
11-5-12: Definitions.
As used herein, the terms below shall be defined as follows:For the purposes of this Chapter, the
following terms, phrases, words and their derivations shall have the meanings given herein.
When not inconsistent with the text, words used in the present tense include the future, words in
the plural number include the singular number and words in the singular number include the
plural number. The word "shall" is always mandatory and not merely directory.
A. City: The City of Englewood, Colorado.
B. Damage: Any injury to or destruction of a Tree, including but not limited to: uprooting;
removal; severance of all or part of the root system or main trunk; storage of material on or
compaction of surrounding soil; a substantial change in the natural grade above a root system
or around a trunk; surrounding the Tree with impervious paving materials; or any trauma
caused by accident or collision.
Local Government: A county, city, city and county, incorporated town, school district,
special improvement district, water district, sanitation district, fire protection district, police
protection district, metropolitan district, irrigation district, drainage, public corporation or any
other kind of public district or political subdivision of the State organized pursuant to law.
C. Person: Any person, firm, partnership, association, corporation, company or organization
of any kind.
D. Plant: Any organism within the Kingdom Plantae, including trees, vines, shrubs, hedges,
landscape or lawn.
E. Public Property: all parks and open spaces, exterior areas, grounds and rights-of-way
owned or maintained by the City.
F. Public Tree: any Tree on Public Property.
G. Street Tree, Tree or Plant: Any tree, vine, shrub, hedge or lawn. Any of a kingdom
(plante) possessing cellulose cell walls is a tree or shrub in a public place except where
otherwise indicated A perennial woody plant usually having a main dominant trunk and
branches forming a distinct elevated crown with a mature height greater than 5 meters (16 feet).
11-5-23: Reserved Authority and Responsibility for Public Property.
A. Delegation of authority and responsibility. The Director of Parks, Recreation, Library and
Golf’s designee (hereafter the “Director”), shall have authority to plant, maintain and remove
Trees and Plants growing on Public Property, including removal of Trees encroaching upon
electrical, telephone, gas, or any municipal water or sewer line, or any nuisance under EMC § 15-
1-2.
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B. The Director shall adopt a list of approved Tree species for Public Property, and a list of
prohibited nuisance Tree species within the City that: contribute to infectious disease or pest
infestation of other Trees; threaten the health of other Trees; or threaten public health, safety, or
welfare within the City.
C. Interference. No Person shall hinder, prevent, delay, or interfere with the Director or the
City’s agents while enforcing this Chapter.
11-5-34: Reserved Tree Advisory Board.
A. The City of Englewood Parks & Recreation Commission shall act as a Tree Advisory Board
(hereafter the “Board”).
B. Duties. The Board shall act in an advisory capacity to the Director and shall:
1. Coordinate and promote Arbor Day activities;
2. Review and update a five-year plan to plant and maintain Trees on Public Property;
3. Support public awareness and education programs relating to Trees;
4. Review City department concerns relating to Tree care;
5. Submit an annual report of its activities to City Council;
6. Assist with the annual application to renew the Tree City USA designation;
7. Recommend to the Director a list of preferred Tree species to plant on Public
Property, and a list of prohibited nuisance species within the City; and
8. Other duties that may be assigned by City Council.
11-5-45: Property Owner's Responsibility for Public Right of Way.
It shall be the responsibility at the cost of the owner, tenant, and any other Person in
possession or control and agent of any property adjacent to any public sidewalk, street, avenue,
highway or alley to maintain, trim, spray, remove, plant, and prune and protect all Trees and
Pplants located upon such public right of way to ensure compliance with Englewood Municipal
Code.
11-5-56: Preservation and Removal Procedures Tree Planting and Care Standards.
When the City shall find it necessary to order the trimming, spraying, preservation or
removal of trees or plants upon public or private property, as authorized in this Chapter, a written
order to correct the condition shall be served upon the owner, operator, occupant, other person
responsible or upon the property where the condition exists.
A. Method of Service. The order required herein shall be served in one of the following
ways in order of preference:
1. By making personal delivery of the order to the person responsible;
2. By leaving the order with some person of suitable age and discretion upon the
premises.
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3. By affixing a copy of the order to the door at the entrance to the premises in
violation;
4. By mailing a copy of the order to the last known address of the owner of the
premises by registered or certified mail, return receipt requested;
5. By publishing a copy of the order in a local paper once a week for three (3)
successive weeks.
B. Time for Compliance. The order required herein shall set forth a time limit for
compliance of not less than twenty four (24) hours and not more than forty five (45)
days, as the City deems appropriate.
C. Appeal from Order. Any person to whom an order hereunder is directed may appeal, in
writing, to the City within seventy two (72) hours of the service of such an order.
Emergency notices, as set out in subsection F, are excluded from this procedure. The
appeal shall contain the appellant's name and address, the decision being appealed and
a brief explanation of why the appellant should not be required to comply with the
order appealed. The City Manager or designee promptly shall meet informally with the
appellant to exchange necessary information and shall issue a decision in writing to the
appellant at his address stated in the appeal. Unless the order is revoked or modified, it
shall remain in full force and be obeyed by the person to whom directed.
D. Failure to Comply. When the person to whom the order is directed shall fail to comply
within the specified time, the City shall remedy the condition or contract with others
for such purpose and charge the cost, plus fifteen percent (15%) for administrative
fees, to the person to whom the order is directed. The person remedying a condition
under a contract made hereunder shall be authorized to enter premises for that purpose.
Failure to comply also constitutes a Municipal ordinance violation, for which the
violator may be cited and summoned into Municipal Court and, if convicted, punished
according to Chapter 4, Title 1 of this Code.
E. Special Assessment. If the cost of complying with a City order to trim, spray, preserve,
remove trees or take other appropriate action is not paid within thirty (30) days after
receipt of a statement therefor from the City, such cost, plus twenty five percent (25%)
of such cost, shall be levied against the responsible property owner or property upon
which said condition exists, as a special assessment. The levying of such assessment
shall not affect the liability of the person to whom the order is directed to fine and
imprisonment as herein provided. Such special assessment shall be certified by the EX
OFFICIO TREASURER OF THE City to the Treasurer of the County of Arapahoe,
State of Colorado, and shall thereupon become and be a lien upon such property, shall
be included in the next tax bill rendered to the owner or owners thereof unless paid
before, and shall be collected in the same manner as other ad valorem taxes against
such property are collected.
F. Emergency Notice. In the event the City finds a condition involving a tree, shrub or
other plant which constitutes an immediate threat to life, limb or property, the City
shall have authority to immediately have caused correction or remedy to such
condition at the owners' or agents' expense without administrative fee. If the costs are
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not paid by owner within thirty (30) days of notice of costs, the City shall initiate
procedure for a special assessment as authorized under subsection E of this Section.
A. Standards. Planting, maintenance, and construction activities regarding Trees
shall comply with the American National Standards Institute A-300 Standards for Tree Care
Operations, International Society of Arboriculture’s Tree Care Best Management Practices and
Managing Trees During Construction, and applicable utility clearance industry standards, all of
which are incorporated by reference as if fully set forth herein.
B. Planting locations. No Tree may be planted within the visibility triangle of a street
intersection or within 10 feet of a fire hydrant.
C. Trees near overhead transmission lines. Only Trees approved by an overhead
transmission/distribution line’s owner, licensee, or franchise holder may be planted under or
within 15 lateral feet of any overhead utility wire.
11-5-67: Removal Under Special Improvement Districts.
In the event the removal of any Plant or Tree is necessitated by a City paving or sidewalk
district, the expense of such removal will be borne by the City, not subject to recovery from the
owner or agent of the property unless such Plant or Tree was planted or placed with written
permit from the City after the effective date of this Chapter.
11-5-78: Prohibited Acts, Conditions.
A. Public Danger. The City shall have the authority to designate unlawful trees or plants and to
order the removal of existing trees or plants, where their existence is injurious to the health
and safety of citizens or property.
B. .
Abuse or Mutilation of Trees. Unless authorized by the City or property owner, it shall be unlawful
for any Person to no person shall perform any of the following on any public property within the
City or on any other private property not belonging to that person:
1. Damage or cause the Damage of a Tree or Plant, cut, carve, transplant or remove any
tree or shrub or injure the bark thereof;.
2. Pick the flowers or seeds of any Tree or Plant;.
3. Attach any rope, wire, sign or other contrivance to any Tree or Plant;.
4. Dig in or otherwise disturb grass areas, or in any other way injure or impair the natural
beauty or usefulness of any Public Propertyarea;. or
5. Top any Public Tree by cutting back limbs to stubs within a Tree’s crown to such a
degree so as to remove the normal canopy and thereby disfigure the Tree, except that Trees
severely damaged by storms or other natural causes, where best pruning practices are
impractical, may be exempted from this prohibition by the Director.
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D. Interference with City. No person shall in any way interfere or cause any person to interfere
with the City in or about the performance of duties as defined in this Chapter.
Section 2. Section 15-1-2 of Englewood Municipal Code regarding Nuisance is hereby amended
as follows, to authorize abatement of tree nuisances as defined by newly-created subsection (Z)(60
below, through the City’s pre-existing nuisance abatement (new provisions in italics and
underlined, deleted provisions struck through):
15-1-2: Definitions.
For the purpose of the application of the provisions of this Title, the following definitions shall
apply:
A. Abatement of a Nuisance: The removal, stoppage, prostration, repair, or destruction of
anything which causes a nuisance, or constitutes a nuisance, whether by breaking or pulling it
down, or otherwise destroying, effacing, or removing it.
B. Alley: A public way less in size than a street, which is not designed for general travel,
which is used primarily as a means of access to the rear of residences and business
establishments, and which affords a secondary means of access to property.
C. Building: A structure, including utilities enclosed with a roof and within exterior walls
built, erected and framed of component structural parts, designed for the housing, shelter,
enclosure and support of individuals, animals or property of any kind.
D. Building Official or Chief Building Official: Where these terms are used in this Title or
any Code in this Title, they shall mean the person designated by the City Manager, or his/her
representative with the title of Building Official or Chief Building Official.
E. Carport: As defined in EMC § 16-11-2(B).
F. City: The City of Englewood, Arapahoe County, Colorado vested with the authority and
responsibility for the enactment and enforcement of this Chapter, acting by and through its City
Council under the Home Rule Charter, statutes and ordinances of said City of Englewood.
G. City Manager: Chief administrative officer of the City of Englewood.
H. Dwelling: Any building to be used for living or sleeping by human occupants. Temporary
housing, as hereinafter defined shall not be regarded as a dwelling.
I. Dwelling Unit: One or more rooms located within a dwelling, which are occupied or
which are intended or designed to be occupied by one family with facilities for living, sleeping,
cooking and eating.
J. Elements: Wind, rain, snow, hail, sleet, or surface run-off water.
K. Emergency: An existing condition actually arising from unforeseen contingencies which
immediately endangers public property, health, peace or safety.
L. Extermination: The control and elimination of insects, rodents, vermin or other pests by
eliminating their harborage places; by removing or making inaccessible materials that may serve
as their food; or by poisoning, spraying, fumigating, trapping or similar means.
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M. Front Yard: See "Yard, Front" as defined in EMC § 16-11-2(B).
N. Garage, Private: A building, or part thereof, attached or detached and accessory to the
main building, providing for the storage of motor vehicles, and in which no business is
conducted.
O. Garbage: Animal and vegetable wastes resulting from the handling, preparation, cooking
or serving of food.
P. Graffiti: The defacing of public or private property by means of painting, drawing,
writing, etching, or carving with paint, spray paint, ink, knife or any similar method without
written permission of the owner/property owner.
Q. Habitable Room: Any enclosed floor space meeting the requirements of this Title for
sleeping, living, cooking or dining purposes, excluding such spaces as closets, pantries, bath or
toilet room, service rooms, connecting corridors, laundries, unfinished attics, foyers, storage
spaces, utility rooms and similar nonhabitable space.
R. Hard Surface: A surface as defined in EMC § 16-11-2(B).
S. Infestation: The presence within or around a dwelling of insects, rodents, vermin or other
pests of such kind, or in such numbers as to cause a hazard to health.
T. Inoperable Motor Vehicle: Any motor vehicle that:
1. is incapable of moving in a lawful manner under its own power; or
2. lacks a current license plate; or
3. is wrecked, damaged, dismantled or incompletely assembled.
U. Junk: Scrap iron, scrap tin, scrap brass, scrap copper, scrap lead or scrap zinc and all
other scrap metals and their alloys, and bones, rags, used cloth, used rubber, used rope, used
tinfoil, used bottles, old or used machinery, used tools, used appliances, used fixtures, used
utensils, used lumber, used boxes or crates, used pipe or pipe fittings, used automobile or
airplane tires, and other manufactured goods that are so worn, deteriorated or obsolete as to make
unusable in their existing condition, but are subject to being dismantled.
V. Junk Yard: A place where junk, waste, discarded, or salvaged materials are bought, sold,
exchanged, stored, baled, packed, disassembled, or handled, including automobile wrecking
yards, house wrecking and structural steel materials and equipment, but not including the
purchase or storage of used furniture and household equipment, used cars in operable condition,
used or salvaged materials as part of manufacturing operations.
W. Litter: Garbage, refuse, and rubbish, as defined herein, and all other waste material
which, if thrown or deposited as herein prohibited, tends to create a danger to public health,
safety and welfare.
X. Motor Home or Motor Coach: Any wheeled vehicle which is a single, self-contained
unit, with motive power, which is designed and generally and commonly used for occupancy by
persons for residential purposes, in either temporary or permanent locations, and which may
occasionally be driven over the public highways as a motor vehicle.
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Y. Noxious Matter: Material which is capable of causing injury to living organisms by
chemical reaction or is capable of causing detrimental effects upon the physical or economic
well-being of individuals.
Z. Nuisance: A condition which injures or endangers the public health, safety or welfare
which includes, but is not limited to, the following:
1A. The conducting or maintaining of any business, occupation, operation, or activity
prohibited by any Title of this Code; or
2B. The continuous or repeated conducting or maintaining of any business, occupation
operation, activity, building, land, or premises in violation of this Title; or
3C. Any fence, wall, shed, deck, house, garage, building, structure, or any part of the
aforesaid; or any tree, pole, smokestack; or any excavation, hole, pit, basement, cellar,
sidewalk subspace, or any object stored on or in said premises; or any lot, land, yard,
premises or location in its entirety, or in any part thereof, by reason of the condition in
which the same is found or permitted to be or remain, shall or may endanger the health,
safety, life, limb or property, or cause any hurt, harm, inconvenience, discomfort,
damage or injury to any one or more individuals in the City, in any one of the
following particulars:
a1. By reason of being a menace, threat and/or hazard to the general health and safety
of the community.
b2. By reason of being a fire hazard.
c3. By reason of being unsafe for occupancy, or use on, in, upon, about or around the
aforesaid property.
d 4. By reason of deterioration or decay becomes rodent infested, or which becomes a
place frequented by trespassers and transients seeking a temporary hideout or
shelter.
e5. By reason of lack of sufficient or adequate maintenance of the property, and/or
being vacant, any or which depreciates the enjoyment and use of the property in
the immediate vicinity to such an extent that it is harmful to the community in
which such property is situated or such condition exists.
4D. Any unlawful pollution or contamination of any surface or subsurface waters in this
City, or of the air, or any water, substance, or material intended for human
consumption in the City; or
5E. Any activity, operation, or condition which, after being ordered abated, corrected, or
discontinued by a lawful order of an agency or officer of the City, continues to be
conducted or continues to exist in violation of any of the following:
a1. Any title of this Municipal Code.
b2. Any regulation enacted pursuant to this Municipal Code.
c3. Any statute of the State of Colorado.
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d 4. Any regulation of the State of Colorado.
6. Any Tree as defined by EMC § 11-5-1(G), or limb thereof, that has an infectious
disease or insect; is dead or dying; obstructs the view of traffic signs or the free passage
of pedestrians or vehicles; threatens public health, safety, or welfare; or designated by
the City of Englewood as a nuisance tree species pursuant to EMC § 11-5-2(B).
AA. Occupant: See Responsible Party.
BB. Off Road Vehicle (ORV): Includes, but is not limited to, an all-terrain vehicle (ATV),
mini-bike, dirt bike, hovercraft, dune buggy, go-cart, boat, personal watercraft, race car or other
vehicles that are not street legal in the State of Colorado, experimental vehicle, aircraft, and
trailers for any of the foregoing even if properly licensed. For purposes of this definition, one (1)
or more "ORV's" stored on a trailer shall be considered as one (1) ORV.
CC. Organic: Referring to or derived from living organisms.
DD. Owner: See Responsible Party.
EE. Person: Any individual, firm, corporation, association or partnership.
FF. Potable Water: Water which, without further treatment, is suitable for drinking, culinary
and domestic purposes.
GG. Premises: A lot, parcel, tract or plot of land, together with the buildings, structures
thereon.
HH. Premises, Private: Any dwelling, house, building or other structure, designed or used,
either wholly or in part, for private residential purposes, whether inhabited or temporarily or
continuously uninhabited or vacant, and shall include any yard, grounds, walk, driveway, porch,
steps, vestibule or mailbox belonging or appurtenant to such dwelling, house, building or other
structure, and private land on which no building exists. Private premises include business
property.
II. Property: Land and, generally, whatever is erected, growing upon or affixed to land.
JJ. Property, Business: Real property on which is located a building. Property that is zoned
or used for commercial use which is used principally for the sale or lease of merchandise, goods,
or services, or interest in land which is generally recognized as being zoned for a retail or
wholesale business.
KK. Public Place: Any and all streets, sidewalks, boulevards, alleys or other public ways and
any and all public parks, squares, grounds and buildings owned or maintained by the City or
other governmental agency provided for the benefit of the general public.
MM. Putrescible: Capable of being decomposed by microorganisms with sufficient rapidity to
cause a nuisance from odors or gases.
NN. Recreational Vehicle: A vehicular-type portable structure without permanent foundation.
Vehicle which can be towed, hauled or driven and primarily designed as temporary living
accommodation for recreational, camping and travel use and including, but not limited to, travel
trailers, truck campers, camping trailers and self-propelled motor homes.
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OO. Recyclable Material: Any material or group of materials which is generated as a by-
product, which can be collected and reused or reprocessed into reusable material.
PP. Refuse: All putrescible or nonputrescible waste, including garbage, rubbish, ashes, street
cleanings, dead animals, offal, droppings, abandoned appliances, and vehicle parts.
QQ. Responsible Party: Person, as defined herein, who is an occupant of or has actual
possession of; or is the owner, either alone, jointly or severally with others of any real or
personal property, or agent of the owner. For purposes of this definition ownership shall include
any person, as defined herein, who:
1A. Has a legal or equitable interest in real or personal property, with or without
accompanying actual possession thereof; or
2B. Acts as the agent of a person having a legal or equitable interest in real or personal
property; or
3C. Is the general representative or fiduciary of an estate through which a legal or equitable
interest in a real or personal property is administered; or
4D. The record owner whether person, firm or corporation, or any agent or representative
of the record owner.
RR. Rubbish: Nonputrescible waste consisting of both combustible and noncombustible
wastes, such as paper, wrappings, leaves, branches, wood, waste building materials, glass,
bedding, crockery, household furnishings and similar materials.
SS. Scrap Motor Vehicles: Motor vehicles not capable of being operated on public streets
under the laws of the State of Colorado.
TT. Screened: Visually obscured by screening as defined in EMC § 16-11-2(B).
UU. Special Mobile Equipment: Means and consists of vehicles, self-propelled or otherwise,
designed primarily for operation or use on or off the streets and highways and only incidentally
used or moved upon such streets or highways. This definition shall include by way of example,
but not by way of limitation, snowplows, road construction or maintenance equipment, ditch
digging or excavating apparatus, well drilling or boring equipment, fire-fighting equipment,
vehicles designed to transport equipment and vehicles used in connection with or for the repair
and maintenance of construction or maintenance equipment temporarily or permanently mounted
on such vehicles; provided, that such equipment is transported from yard to job, job to job, or job
to yard and equipment primarily designed for hoisting, lifting, moving, loading or digging
operations. The foregoing definition is partial and shall not include other vehicles of unusual
design, size or shape that are designed primarily for purposes other than transporting
merchandise or passengers.
VV. Storage/Motor Vehicle: To leave, park, stand, or halt a vehicle or motor vehicle in a
certain place for a period of seventy-two (72) hours or longer.
WW. Street: Any public thoroughfare for the free passage of persons, trade or commerce, and
which affords a principal means of access to property abutting along its length. This term does
not include private roads.
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XX. Temporary Housing: Any tent, trailer, coach or other structure used for human shelter,
which is designed to be transportable, and which is not attached to the ground, to another
structure, or to any utilities in a licensed trailer park.
YY. Trailer: A Trailer or Utility Trailer as defined in the 1995 Model Traffic Code duly
adopted and currently in effect in the City, as adopted.
ZZ. Trailer, Small: For the purpose of Title 15, Englewood Municipal Code only, a small
trailer is any wheeled vehicle, without motive power and having an empty weight of two
thousand (2,000) pounds or less, which is designed to be drawn by a motor vehicle and to carry
its cargo load wholly upon its own structure and which is generally and commonly used to carry
and transport property over the public highways.
AAA. Trash: Discarded materials including, but not limited to household wastes, furniture,
construction supplies and materials, garden, lawn and landscaping supplies and wastes, scrap
wood, metal, or other materials, clothing and bedding. The terms waste and trash are
interchangeable for purposes of this Ordinance.
BBB. Trash Container: A container of metal, wood or plastic with a top or cover that can be
securely fashioned on the container to prevent the contents from being carried or scattered by the
elements or animals. Paper or plastic bags are not permitted trash containers except for grass
clippings and leaves, if properly secured.
CCC. Trash Hauler: Any person, partnership, or corporation transporting trash for disposal for
any fee or other compensation in the City of Englewood.
DDD. Truck: Any motor vehicle equipped with a body designed to carry property and which is
generally and commonly used to carry and transport property over the public highways.
EEE. Usable Open Space: On-site space that is absent of any building or structure. Open space
could contain, but is not limited to the following: sidewalks, trellises, swings, arbors, swimming
pools, tennis courts, and landscaping. Surface parking is not to be considered as usable open
space.
FFF. Vehicle: Means any device which is capable of moving itself, or of being moved, from
place to place upon wheels or endless tracks; such term, for the purpose of this Title, shall not
include any farm tractor or any implement of husbandry designed primarily or exclusively for
use and used in agricultural operation or any device moved by muscular power. This definition
also means any self-propelled vehicle, which is designed primarily for travel on the public
highways and which is generally and commonly used to transport persons and property over the
public highways.
GGG. Vehicle, Motor: Any self-propelled vehicle that is designed primarily for travel on the
public highways and which is generally and commonly used to transport persons and property
over the public highways.
HHH. Waste: The terms "waste" and "trash" have the same meaning and are interchangeable for
purposes of this Ordinance. (See also Trash)
III. Weed: Weeds, grass, brush or other rank or noxious vegetation that has grown to maturity
or is in excess of six inches (6″) in height.
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JJJ. Yard: An existing or required open space, other than a court, on the same lot with a
principal building or structure, open, unoccupied and unobstructed from the ground to the sky,
except as otherwise provided herein.
KKK. Yard, Front: A yard extending across the full width of the lot between the front lot line
and the nearest line or point for buildings as required by setback requirements.
LLL. Yard, Rear: A yard extending across the full width of the lot between the rear lot line and
the nearest line or point of the principal building.
MMM. Yard, Side: A yard between the side line of the lot and the nearest line of the building and
extending from the front yard to the rear yard, or in the absence of either of such yards, to the
front or rear lot line, as may be.
Section 3. The following general provisions and findings are applicable to the interpretation and
application of this Ordinance:
A. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the application
thereof to any person or circumstances shall for any reason be adjudged by a court of competent
jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this
Ordinance or its application to other persons or circumstances.
B. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or
conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such
inconsistency or conflict.
C. Effect of repeal or modification. The repeal or modification of any provision of the Code
of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change
in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have
been incurred under such provision, and each provision shall be treated and held as still remaining
in force for the purposes of sustaining any and all proper actions, suits, proceedings, and
prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose
of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in
such actions, suits, proceedings, or prosecutions.
D. Safety Clauses. The City Council hereby finds, determines, and declares that this
Ordinance is promulgated under the general police power of the City of Englewood, that it is
promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and welfare.
The City Council further determines that the Ordinance bears a rational relation to the proper
legislative object sought to be obtained. This Safety Clause is not intended to affect a Citizen right
to challenge this Ordinance through referendum pursuant to City of Englewood Charter 47.
E. Publication. Publication of this Ordinance may be in the City’s official newspaper, the
City’s official website, or both. Publication shall be effective upon the first publication by either
authorized method.
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F. Actions Authorized to Effectuate this Ordinance. The Mayor is hereby authorized and
directed to execute all documents necessary to effectuate the approval authorized by this
Ordinance, and the City Clerk is hereby authorized and directed to attest to such execution by the
Mayor where necessary. In the absence of the Mayor, the Mayor Pro Tem is hereby authorized to
execute the above-referenced documents. The execution of any documents by said officials shall
be conclusive evidence of the approval by the City of such documents in accordance with the terms
thereof and this Ordinance. City staff is further authorized to take additional actions as may be
necessary to implement the provisions of this Ordinance.
G. Enforcement. To the extent this ordinance establishes a required or prohibited action
punishable by law, unless otherwise specifically provided in Englewood Municipal Code or
applicable law, violations shall be subject to the General Penalty provisions contained within
EMC § 1-4-1.
Introduced, read in full, and passed on first reading on the 17th day of October, 2022.
Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 20th
day of October, 2022.
Published as a Bill for an Ordinance on the City’s official website beginning on the 19th
day of October, 2022 for thirty (30) days.
Read by Title and passed on final reading on the 7th day of November, 2022.
Published by Title in the City’s official newspaper as Ordinance No. ___, Series of 2022,
on the 10th day of November, 2022.
Published by title on the City’s official website beginning on the 9th day of November,
2022 for thirty (30) days.
This Ordinance shall take effect thirty (30) days after publication following final passage.
Othoniel Sierra, Mayor
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ATTEST:
Stephanie Carlile, City Clerk
I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the
above and foregoing is a true copy of the Ordinance passed on final reading and published by Title
as Ordinance No. ___, Series of 2022.
Stephanie Carlile
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COUNCIL COMMUNICATION
TO: Mayor and Council
FROM: Tim Hoos
DEPARTMENT: Public Works
DATE: November 7, 2022
SUBJECT:
CB 66 - Approve an Ordinance regarding Malley Senior
Recreation Center Pedestrian Improvements
DESCRIPTION:
CB 66 - Council approval is requested to enter into an Intergovernmental Agreement with
Denver Regional Council of Governments (DRCOG) in order to receive grant funds for making
sidewalk and crosswalk improvements near the Malley Senior Recreation Center.
RECOMMENDATION:
Staff recommends City Council approve an Ordinance for an Intergovernmental Agreement
between the City and DRCOG for the Malley Senior Recreation Center Pedestrian
Improvements
SUMMARY:
Staff applied for funding from the Federal Transit Administration (FTA) Section 5310 Enhanced
Mobility of Seniors and Individuals with Disabilities Program through the Denver Regional
Council of Governments (DRCOG) in January of 2022. This funding source is focused on
improving mobility for adults aged 60 and older, individuals with disabilities, and other
vulnerable populations.
This project will reconstruct the sidewalk along the east side of Lincoln Street from Old
Hampden Avenue to East Floyd Avenue, the sidewalk in front of the Malley Center parking lot
on the west side of Lincoln Avenue and the sidewalk on both sides of Girard Avenue from
Lincoln Street to Sherman Street. The project will also include restriping the crosswalks,
reconstructing the curb ramps, adding marking paint and delineator post bulb-outs and install
Rectangular Rapid Flashing Beacons (RRFB) at the crosswalks at the Lincoln Street and Girard
Avenue intersection.
ANALYSIS:
These proposed improvements will create greater walkability for vulnerable populations in the
area. The project area fronts two senior living apartment buildings, the Malley Senior
Recreation Center and two bus stops. The bus stops serve RTD bus routes as well as the
Englewood Trolley.
The existing sidewalk has numerous areas of ADA non-compliance, most notably across
driveway accesses and at curb ramps. This project would eliminate non-compliant cross-
slopes, remove trip hazards, help calm traffic near the Lincoln & Girard intersection, and provide
a beacon-protected pedestrian crossing of Girard Ave. These improvements will help make the
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Malley Center, the nearby senior living apartment buildings, and the RTD bus stops more
accessible for elderly and disabled populations.
COUNCIL ACTION REQUESTED:
Staff recommends City Council approve an Ordinance to enter into an Intergovernmental
Agreement with DRCOG for the Malley Senior Recreation Center Pedestrian Improvements.
FINANCIAL IMPLICATIONS:
The total project cost is estimated to be $275,000, with about $50,000 anticipated in design
support and $225,000 in construction costs.
Funding Source Funding
DRCOG/FTA 5310 Funds $220,000.00
City of Englewood $55,000.00
Total Funding $275,000.00
Item Cost
Design Support Cost $50,000.00
Construction Cost $225,000.00
Total Cost $275,000.00
Funding for the City share of this project ($55,000) has been identified in the Public
Improvement Fund project number 30-1001-003- Transportation System Upgrade which has a
current balance of $193,272.62.
CONNECTION TO STRATEGIC PLAN:
Transportation Infrastructure: Invest in protecting transportation infrastructure in an
innovative, sustainable, and cost-effective manner
- Upgrade a minimum of 40 pedestrian ramps per year to work towards compliance with
the ADA guidelines
This project will replace the non-compliant curb ramps at Lincoln & Girard and at the mid-block
crossing on Lincoln St near the Malley Center.
Multi-modal Transportation: Ensure access and increased opportunities for multi-modal
transportation
This project will create walkable routes between multiple senior living facilities, public transit,
and the Malley Senior Recreation Center.
Transportation Safety: Ensure the safety of all while traveling in Englewood
- Identify and implement initial/quick strike initiatives to improve safety/awareness
This project will impose traffic calming through the installation of curb bulb-outs and rectangular
rapid flashing beacons.
OUTREACH/COMMUNICATIONS:
During the design phase, staff will notify and engage with the Malley Center staff and
management staff at the Simon Center Senior Apartment building and the Orchard Place
apartment building. Shortly before construction notification will be sent to to residents in the
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area. Coordination and notification will occur during construction as driveways are
reconstructed.
ATTACHMENTS:
Council Bill #66
IGA between DRCOG and City of Englewood for Malley Senior Recreation Center Pedestrian
Improvements
Presentation - IGA with DRCOG for Malley Senior Recreation Center Pedestrian Improvements
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1
BY AUTHORITY
ORDINANCE NO. ____ COUNCIL BILL NO. 66
SERIES OF 2022 INTRODUCED BY COUNCIL
MEMBER NUNNENKAMP
AN ORDINANCE APPROVING AN INTERGOVERNMENTAL
AGREEMENT (IGA) BETWEEN THE DENVER REGIONAL COUNCIL
OF GOVERNMENTS AND THE CITY OF ENGLEWOOD, COLORADO
FOR MALLEY SENIOR CENTER SIDEWALK IMPROVEMENTS
WHEREAS, the approval of this Intergovernmental Agreement with Denver Regional
Council of Governments (“DRCOG”) will provide grant funds for making sidewalk and crosswalk
improvements near the Malley Senior Recreation Center; and
WHEREAS, DRCOG is a designated recipient of Federal Transit Administration (“FTA”)
funds for the Denver-Aurora Urbanized Area (“UZA”) under Section 5310 Enhanced Mobility of
Seniors and Individuals with Disabilities, which aims to improve mobility for seniors and
individuals with disabilities by removing barriers to transportation service and expanding
transportation mobility options; and
WHEREAS, staff of the Public Works Department of the City of Englewood (“City”)
applied to DRCOG for Section 5310 funds for sidewalk and crosswalk improvements near the
Malley Senior Recreation Center to improve mobility for adults aged 60 and older, individuals
with disabilities, and other vulnerable populations in the City; and
WHEREAS, DRCOG is willing to make Section 5310 funds available to the City for the
proposed project, which includes reconstructing the sidewalk near the Malley Senior Recreation
Center; and
WHEREAS, the estimated cost of the project is $275,000.00, with $50,000 anticipated in
design support and $225,000 in construction costs; and
WHEREAS, the cost to the City is $55,000.00 in project matching funds, and funding for
the City share of this project has been allocated in the Public Improvement Fund, and
WHEREAS, the passage of this Ordinance will permit the City of Englewood utilize
DRCOG funding for the project, authorize the appropriation of matching funds in the amount of
$55,000.00, and approve the Intergovernmental Agreement between the City and DRCOG for
making sidewalk and crosswalk improvements near the Malley Senior Recreation Center.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. The City Council of Englewood, Colorado, hereby accepts and approves the
Intergovernmental Agreement between the Denver Regional Council of Governments (DRCOG)
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2
and the City of Englewood, Colorado for Malley Senior Center Sidewalk Improvements, a copy
of which is attached hereto as Exhibit A.
Section 2. The following general provisions and findings are applicable to the interpretation
and application of this Ordinance:
A. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the application
thereof to any person or circumstances shall for any reason be adjudged by a court of competent
jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this
Ordinance or its application to other persons or circumstances.
B. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or
conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such
inconsistency or conflict.
C. Effect of repeal or modification. The repeal or modification of any provision of the Code
of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change
in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have
been incurred under such provision, and each provision shall be treated and held as still remaining
in force for the purposes of sustaining any and all proper actions, suits, proceedings, and
prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose
of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in
such actions, suits, proceedings, or prosecutions.
D. Safety Clauses. The City Council hereby finds, determines, and declares that this
Ordinance is promulgated under the general police power of the City of Englewood, that it is
promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and welfare.
The City Council further determines that the Ordinance bears a rational relation to the proper
legislative object sought to be obtained. This Safety Clause is not intended to affect a Citizen right
to challenge this Ordinance through referendum pursuant to City of Englewood Charter 47.
E. Publication. Publication of this Ordinance may be in the City’s official newspaper, the
City’s official website, or both. Publication shall be effective upon the first publication by either
authorized method.
F. Actions Authorized to Effectuate this Ordinance. The Mayor is hereby authorized and
directed to execute all documents necessary to effectuate the approval authorized by this
Ordinance, and the City Clerk is hereby authorized and directed to attest to such execution by the
Mayor where necessary. The Mayor is further authorized to accept funds administered through
the DRCOG for and on behalf of the City of Englewood, Colorado. In the absence of the Mayor,
the Mayor Pro Tem is hereby authorized to execute the above-referenced documents and accept
said funds. The execution of any documents by said officials shall be conclusive evidence of the
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approval by the City of such documents in accordance with the terms thereof and this Ordinance.
City staff is further authorized to take additional actions as may be necessary to implement the
provisions of this Ordinance.
Introduced, read in full, and passed on first reading on the 17th day of October, 2022.
Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 20th
day of October, 2022.
Published as a Bill for an Ordinance on the City’s official website beginning on the 19th
day of October, 2022. for thirty (30) days.
Read by Title and passed on final reading on the 7th day of November, 2022.
Published by Title in the City’s official newspaper as Ordinance No. ___, Series of 2022, on the
10th day of November, 2022.
Published by title on the City’s official website beginning on the 9th day of November, 2022 for
thirty (30) days.
This Ordinance shall take effect thirty (30) days after publication following final passage.
Othoniel Sierra, Mayor
ATTEST:
Stephanie Carlile, City Clerk
I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the above and
foregoing is a true copy of the Ordinance passed on final reading and published by Title as Ordinance No.
___, Series of 2022.
Stephanie Carlile
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CONTRACT BY AND BETWEEN THE
DENVER REGIONAL COUNCIL OF GOVERNMENTS
1001 17th Street, Suite 700
Denver, Colorado 80202
(“DRCOG”)
and
CITY OF ENGLEWOOD
1000 Englewood Parkway
Englewood, Colorado 80110
(“CONTRACTOR”)
for
Malley Senior Center Sidewalk Improvements
Project Number 412022 Contract Number EX22017
RECITALS:
A. DRCOG is a designated recipient of Federal Transit Administration (FTA) funds
under Section 5310 Enhanced Mobility of Seniors and Individuals with Disabilities, which aims to
improve mobility for seniors and individuals with disabilities by removing barriers to transportation
service and expanding transportation mobility options.
B. Contractor has submitted a proposal requesting Section 5310 funds to perform the
tasks and activities described in Exhibit A.
C. DRCOG is willing to make Section 5310 funds available to Contractor in
accordance with the terms and conditions of this Contract.
NOW THEREFORE, the parties hereto mutually agree as follows:
1.0 SCOPE OF WORK
1.1 Performance of Work. Contractor agrees to perform for DRCOG all of the tasks and
activities set forth in Exhibit A attached hereto and incorporated herein by reference (hereinafter the
“Work”).
1.2 Assurances. In addition to all other obligations contained herein, Contractor
agrees: (a) to accurately proceed with diligence and promptness and to perform the Work in
accordance with the highest professional workmanship and service standards in the field to the
satisfaction of DRCOG; (b) to produce Work that is free from any material errors or omissions;
and (c) to comply, at its own expense, with the provisions of all state, local and federal laws,
regulations, ordinances, requirements and codes which are applicable to the performance of the
Work hereunder or to Contractor as an employer.
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2.0 APPLICATION OF FEDERAL REQUIREMENTS
2.1 FTA Master Agreement. Contractor understands and agrees that its receipt of
Section 5310 funds is contingent and conditioned on its compliance with the terms and
conditions of the federal award as set forth in the FTA Master Agreement, as amended from
time to time. The terms and conditions of the FTA Master Agreement are hereby incorporated
herein and made a part hereof for all purposes as if fully set out. Any conflict between this
agreement and the FTA Master Agreement shall be resolved in favor of the FTA Master
Agreement. Any violation of a Federal requirement by the Contractor can result in an
enforcement action undertaken by FTA and termination of this Contract by DRCOG and/or FTA.
The current version of the FTA Master Agreement is available at:
https://www.transit.dot.gov/funding/grantee-resources/sample-fta-agreements/fta-grant-
agreements
2.2 Compliance. Contractor shall at all times during the term of this Contract strictly
adhere to, and comply with, all applicable federal and state laws and their implementing
regulations, as they currently exist and may hereafter be amended, which are incorporated herein
by this reference as terms and conditions of this Contract. Contractor shall also require
compliance with these statutes and regulations in subcontracts. Without limiting the foregoing,
Contractor shall comply with all applicable laws set forth in Exhibit B, attached hereto and
incorporated herein by reference.
2.3 Funding Contingency. Contractor understands and agrees that should the FTA
disapprove this Contract or refuse or fail to make the grant to DRCOG as contemplated by this
Contract, then this Contract shall be void and shall not be binding on any parties hereto. DRCOG
is not responsible for providing any funding to substitute for the federal funds in the event the
grant is withdrawn or not provided for any reason.
3.0 TIME OF PERFORMANCE
The term of this Agreement shall commence upon execution and shall end August 31, 2023. No
work shall commence and no reimbursable costs shall be incurred prior to the execution of this
Agreement, as reflected by the execution date herein.
4.0 PAYMENT TERMS
4.1 Maximum Amount. The total cost of the Agreement shall not exceed Two
Hundred and Twenty Thousand Dollars ($220,000.00). The foregoing amounts of compensation
shall be inclusive of all costs of whatsoever nature associated with the Contractor ’s efforts,
including but not limited to salaries, benefits, overhead, administration, profits, and expenses.
4.2 Local Match. Contractor is responsible for providing local matching funds in the
amount of Fifty-Five Thousand Dollars ($55,000.00).
4.3 Allowable Costs. Contractor shall only be reimbursed for costs incurred for the
performance of this Contract which are determined by DRCOG to be allowable, allocable, and
reasonable in accordance with the following cost principles:
(a) Be in conformance with the Scope of Work, the approved budget and all
other terms of this Agreement;
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(b) Be necessary to accomplish the Work;
(c) Be reasonable for the goods or services purchased;
(d) Be the actual net costs to the Contractor;
(e) Be incurred for Work performed after the effective date of this Contract;
(f) Be satisfactorily documented;
(g) Be eligible for federal participation under federal laws, regulations or
directives;
(h) Be consistent with federally approved accounting principles and
procedures, including requirements for indirect costs, in compliance,
consistent with U.S. Department of Transportation regulations, “Uniform
Administrative Requirements, Cost Principles, and Audit Requirements for
Federal Awards,” 2 CFR Part 1201, which incorporates by reference U.S.
OMB regulatory guidance, “Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards,” 2 CFR Part 200;
and
(i) Be in compliance with the Master Agreement and any amendments thereto.
4.4 Erroneous Payments. Incorrect payments to the Contractor due to omission, error,
fraud, or defalcation shall be recovered from the Contractor by deduction from subsequent
payments under this Contract or other contracts between DRCOG and Contractor, to the extent
permitted by federal and state law, or shall be reimbursement by Contractor to DRCOG upon
demand.
5.0 INSURANCE AND INDEMNIFICATION
5.1 Coverage Amounts. Contractor shall procure and maintain, and shall cause each
subcontractor of Contractor to procure and maintain the minimum insurance coverages listed
below. All coverages shall be continuously maintained to cover all liability, claims, demands, and
other obligations assumed by Contractor pursuant to this Contract. In the case of any claims-
made policy, the necessary retroactive dates and extended reporting periods shall be procured
by Contractor to maintain such continuous coverage.
(a) Workers’ Compensation in statutory limits.
(b) Employer's Liability Insurance: $100,000/each accident, $500,000/ disease
- policy limit, and $100,000/disease - each employee.
(c) Commercial General Liability Insurance: $1,000,000/Occurrence.
(d) Automobile Liability or Hired & Non-Owned Vehicle Liability Insurance:
$1,000,000/each accident.
5.2 Additional Insured. DRCOG, its officers and employees shall be named as additional
insured for the Contractor's General and Automobile Liability policy under sections Certificate
Holder and Description of Operations. In addition, the term of the Contract and the Contract
number must be outlined under the Description of Operations.
5.3 Coverage Requirements. All coverages shall be continuously maintained from the
date of commencement of services hereunder, and in the case of any claims-made policy, the
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necessary retroactive dates and extended reporting periods shall be procured by Contractor so
as to maintain such continuous coverage. Contractor shall not be relieved of any liability, claims,
demands, or other obligations assumed pursuant to this Contract by reason of its failure to procure
or maintain insurance, or by reason of its failure to procure or maintain insurance in sufficient
amounts, durations, or types. All insurance policies required hereunder shall include clauses
stating that each carrier shall waive all rights of recovery, under subrogation or otherwise, against
DRCOG, its officers, agents, employees and volunteers.
5.4 Cancellation. The insurance shall include provisions preventing cancellation without
30 days prior notice to DRCOG by certified mail.
5.5 Certificates of Insurance. Contractor shall provide certificates showing adequate
insurance coverage as required by this Section to DRCOG with the signed Contract. No later
than 15 days prior to the expiration date of any such coverage, Contractor shall deliver to DRCOG
certificates of insurance evidencing renewals thereof. Upon request by DRCOG at any other time
during the term of this Contract, Contractor shall within 10 days of such request supply to DRCOG
evidence satisfactory to DRCOG of compliance with the provisions of this Section. Contractor
shall provide certificates for its subcontractors immediately upon request by DRCOG.
5.6 Indemnification.. Each Party agrees to be responsible for its own actions or
omissions, and those of its officers, agents, and employees in the performance or failure to
perform work under this Agreement. Contractor shall include language in any subcontract
associated with this Agreement stating that the subcontractor agrees to indemnify, save and hold
harmless DRCOG for negligent acts or omissions of the subcontractor, its employees, agents,
subcontracts, and assignees. Nothing herein shall be construed or interpreted as a waiver,
express or implied, of any of the immunities, rights, benefits, protection, or other provisions for
the parties, of the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq.
6.0 RECORDS; INSPECTION AND AUDIT
6.1 Records. Contractor shall maintain a complete file of all records, documents,
communications, and other written materials which pertain to the Work, and shall maintain such
records for a period of three (3) years after the date of termination of this Contract or final payment
hereunder, whichever is later, or for such further period as may be necessary to resolve any
matters which may be pending.
6.2 Audit by DRCOG. DRCOG reserves the right to audit the Contractor’s books and
records for a period of three years after the expiration or termination of this Contract in order to
validate the allowability of amounts paid under this Contract. Any amounts not allowed under
Federal rules shall be reimbursed by the Contractor or offset against current obligations due by
DRCOG to the Contractor as permitted, to the extent permitted by federal law, at DRCOG’s
election. In the event this Contract is terminated, final payment to the Contractor may be withheld
at the discretion of DRCOG until completion of a final audit.
6.3 Inspection. During the Contract term, the retention period and as long thereafter as the
records are maintained, at any time during normal business hours, Contractor shall make
available to DRCOG or its authorized representatives, any books, documents, papers or other
records of the Contractor with respect to all matters covered by this Contract in order to make
audit, examination, excerpts, and transcripts. Failure to make records available for inspection
within 72 hours of notice shall be deemed a violation of the Contract. Contractor agrees to permit,
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and to require its subcontractors, to permit DRCOG to have access to the sites of performance of
the Work and to make site visits as needed to ensure compliance with applicable federal
regulations and this Contract.
6.4 Contractor Audit. Contractor shall ensure that an annual independent audit is conduct-
ed of the Contractor’s financial records in accordance with the requirements of the Single Audit
Act Amendments of 1996, 31 U.S.C. § 7501, et seq., and applicable U.S. DOT “Single Audit”
requirements of 2 CFR Part 1201, which incorporate by reference 2 CFR Part 200. Contractor
shall, upon request, make a copy of the audit available for review by DRCOG. Should an audit
or other financial review disallow any reimbursed costs, the disallowed funds shall be returned to
DRCOG or, in DRCOG’s discretion and to the extent permitted by federal and state law and
regulations, offset against current or future payments to Contractor. Failure to fulfill these audit
obligations is a breach of this Contract and will subject Contractor to all remedies available herein
and at law.
7.0 DEBARMENT, SUSPENSION
By signing this Contractor, the Contractor represents that its organization and its principals and
employees are not suspended or debarred from receiving federal funds and there are no pending
proceedings for suspension or debarment. Further, Contractor represents that it is not listed on
the government-wide exclusions in the System for Award Management (SAM), in accordance with
the OMB guidelines at 2 C.F.R. 180 that implement Executive Orders 12549 (31 U.S.C. § 6101
note, 51 Fed. Reg. 6370,) and 12689 (31 U.S.C. § 6101 note, 54 Fed. Reg. 34131), “Debarment
and Suspension. Contractor agrees to include, a similar provision in each lower tier subcontract,
ensuring that each lower tier subcontractor (i) complies with federal debarment and suspension
requirements; and (ii) reviews the SAM at https://www.sam.gov, if necessary to comply with U.S.
DOT regulations, 2 CFR Part 1200.
8.0 TERMINATION; BREACH
8.1 Termination for Cause. If the Contractor fails to meet performance measures set by
DRCOG, fails to fulfill in a timely and proper manner its obligations under this Contract, or violates
any of the covenants, agreements, or stipulations of this Contract, DRCOG shall have the right to
terminate this Contract by giving written notice to the Contractor of such termination, the reasons
for such termination, and specifying the effective date thereof, at least 5 days before the effective
date of such termination, unless a shorter time is set forth herein for any failure to fulfill
Contractor’s obligations.
8.2 Termination Due to Loss of Funding. Contractor understands and agrees that it is to be
paid, reimbursed, or otherwise compensated with funds provided to DRCOG under a federal grant
and that all its rights, demands, and claims to compensation arising under this Contract are
contingent upon receipt of such funds by DRCOG. In the event that such funds or any part thereof
are not received by DRCOG, DRCOG may immediately terminate this Contract without liability,
including costs for termination.
8.3 Termination for the Convenience of DRCOG. DRCOG may terminate this Contract at
any time by giving written notice to the Contractor of such termination, which shall be effective
upon receipt of the written notice. If the Contract is terminated by DRCOG as provided herein,
the Contractor shall be entitled to receive compensation for Work performed prior to the effective
date of such termination, subject to such services being completed to the satisfaction of DRCOG.
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8.4 Liability. Contractor shall not be relieved of liability to DRCOG for damages sustained
by DRCOG due to any breach of the Contract by the Contractor, and DRCOG may withhold any
payments to the Contractor for the purpose of setoff until such time as the exact amount of
damages due DRCOG from the Contractor is determined.
8.5 Remedies. If the Contractor violates or breaches terms of this Contract, DRCOG, at its
discretion, may institute such administrative, contractual or legal remedies available to DRCOG
as may be appropriate. DRCOG may take one or more of the following actions, as appropriate in
the circumstances:
1. Temporarily withhold payments pending correction of deficiency by the Contractor.
2. Disallow all or part of the cost of the activity or action not in compliance.
3. Wholly or partly suspend or terminate the Contract, including suspending the Contract
and services provided under the Contract pending any audit or other investigation.
4. Withhold further Contracts with Contractor.
5. Take any other remedies that may be legally available.
8.6 Corrective Action. If the Contractor fails to fully expend the contracted funds in a timely
manner or fails to conform to the terms and conditions of this Contract, then DRCOG may, in its
sole discretion and in addition to any other remedies it may have, require that a corrective action
plan be prepared by a date specified by DRCOG and suspend payments under the Contract until
Contractor prepares a corrective action plan satisfactory to DRCOG. Further, DRCOG shall have
the right, upon issuance of notice to the Contractor and without necessity of an amendment, to
retain and reallocate any of the funds remaining under this Contract in the event of any termination
or any failure of the Contractor to provide the Work in accordance with this Contract or a corrective
action plan. Nothing in this subsection shall require that DRCOG accept a corrective action plan
in lieu of exercising its rights to terminate this Contract.
8.7 Project Material. In the event of termination, all finished or unfinished documents, data,
studies, surveys, drawings, maps, models, photographs, and reports or other material prepared
by the Contractor under this Contract shall, at the option of DRCOG, become its property, and the
Contractor shall be entitled to receive just and equitable compensation for any satisfactory work
completed on such documents and other materials.
8.8 The Parties understand and acknowledge that Contractor is subject to Article X, § 20
of the Colorado Constitution ("TABOR"). Neither party intends to violate the terms and
requirements of TABOR by the execution of this Contract. It is understood and agreed that this
Contract does not create a multi-fiscal year direct or indirect debt or obligation within the meaning
of TABOR and, therefore, notwithstanding anything in this Contract to the contrary, all payment
obligations of the Contractor are expressly dependent and conditioned upon the continuing
availability of funds for the Contractor beyond the term of the Contractor’s current fiscal period
ending upon the next succeeding December 31. Financial obligations of the Contractor payable
after the current fiscal year are contingent upon funds for that purpose being appropriated,
budgeted, and otherwise made available in accordance with the rules, regulations, and
resolutions of the individual paying party and other applicable law. Upon the failure to appropriate
such funds, this Contract shall be terminated.
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9.0 MISCELLANEOUS TERMS
9.1 Subcontractors. Contractor may utilize subcontractors to assist with non-specialized
services as necessary to complete the Work provided that it first submits any proposed
subcontractor and the description of their services to DRCOG for its written approval. DRCOG
will not work directly with the subcontractors. The terms and conditions of this Contract shall flow
down to all tiers of subcontractors. Contractor is responsible for ensuring its subcontractors
adhere to the terms of conditions of this Contract.
9.2 Independent Contractor. Contractor shall perform its duties hereunder as an
independent contractor and not as an employee. Neither Contractor nor any agent or employee
of Contractor shall be deemed to be an agent or employee of DRCOG. Contractor shall not have
authorization, express or implied, to bind DRCOG to any agreement, liability or understanding,
except as expressly set forth herein. Contractor and its employees and agents are not entitled
to unemployment insurance or workers compensation benefits through DRCOG and
DRCOG shall not pay for or otherwise provide such coverage for Contractor or any of its
agents or employees. Contractor shall pay when due all applicable employment taxes and
income taxes and local head taxes incurred pursuant to this Contract. Contractor shall (i)
provide and keep in force workers' compensation and unemployment compensation
insurance in the amounts required by law, (ii) provide proof thereof when requested by
DRCOG, and (iii) be solely responsible for its acts and those of its employees and agents.
9.3 Safeguarding Personally Identifiable Information. If Contractor will or may receive
personally identifiable information (PII) under this Contract, Contractor shall comply with the
obligations of a “Third-Party Service Provider” as defined in C.R.S. § 24-73-103(1)(i), including
but not limited to: (a) implementation and maintenance of reasonable security procedures and
practices that are appropriate to the nature of the PII disclosed to Contractor and reasonably
designed to help protect PII from unauthorized access, use, modification, disclosure, or
destruction; and (b) complying with the statutory duty to notify and cooperate with DRCOG in the
event of a security breach that compromises personal information in the most expedient time and
without unreasonable delay. For purpose of this Contract, “PII” shall be as defined in C.R.S. § 24-
73-103(1)(g).
9.4 Litigation Reporting. If Contractor is served with a pleading or other document in
connection with an action before a court or other administrative decision making body, and such
pleading or document relates to this Contract or may affect Contractor’s ability to perform its
obligations under this Contract, Contractor shall, within 5 days after being served, notify DRCOG
of such action and deliver copies of such pleading or document to DRCOG.
9.5 No Third Party Beneficiaries. It is expressly understood and agreed that enforcement
of the terms and conditions of this Contract, and all rights of action relating to such enforcement,
shall be strictly reserved to DRCOG and Contractor, and nothing contained in this Contract shall
give or allow any such claim or right of action by any other third party on such Agreement.
9.6 Assignment. This Contract shall not be assigned by Contractor without the prior
written consent of DRCOG.
9.7 Choice of Law, Venue, Jurisdiction. Colorado law, and rules and regulations issued
pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this
Contract. Any provision included or incorporated herein by reference which conflicts with said
laws, rules, and regulations shall be null and void. All suits or actions related to this Contract shall
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be filed and proceedings held in the State of Colorado and exclusive venue shall be in the City
and County of Denver.
9.8 Employing Workers Without Authorization. Exhibit C, the “DRCOG Contractor
Services Contract Addendum-Prohibition Against Employing Workers Without Authorization”, is
attached hereto and incorporated herein by reference. If the amount of this Agreement is more
than $3,000, Contractor must also comply with the E-Verify Federal Contractor Rule as further
explained in Exhibit D, attached hereto and incorporated herein by reference, which requires the
Contactor to use the E-Ve rify program to verify the employment eligibility of all employees
assigned to the Agreement and all new hires. If Contractor uses one or more subcontractors to
provide services under the Agreement, Contractor shall include the language set forth in Exhibit
D in any subcontract that is: (1) for commercial or noncommercial services or construction; (2)
has a value of more than $3,000; and (3) includes work performed in the United States.
9.9 CORA Disclosure. To the extent not prohibited by federal or state law, this Contract
and the Work are subject to public release through the Colorado Open Records Act, CRS § 24-
72-200.1, et seq., as may be updated from time to time.
9.10 Exhibits. The parties agree that this Contract is also subject to the provisions set forth
in Exhibits A, B, C and D, attached hereto and incorporated herein by reference.
9.11 Authority. The undersigned signatories of Contractor represent that they have been
duly authorized to execute this Contract and have full power and authority to bind Contractor to
the terms and conditions hereof, and certify that their signatures below, whether handwritten,
electronic, or digital or submitted by facsimile or electronic mail are their own. Contractor further
understands and agrees that no further certification authority or third-party verification is
necessary to validate any signature hereto and that the lack of such certification or verification
will not in any way affect the enforceability of the Contract.
IN WITNESS WHEREOF, the parties hereto have executed this Contract on the ________
day of __________________________, 20___.
DENVER REGIONAL COUNCIL
OF GOVERNMENTS
CITY OF ENGLEWOOD
By: By: ________________________________
Douglas W. Rex
Executive Director
ATTEST: ATTEST:
By: By: ________________________________
Jenny Dock
Division Director, Administration and Finance
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EXHIBIT A: SCOPE OF WORK AND CONDITIONS
Denver Regional Council of Governments (DRCOG)
Title of
Project
Malley Senior Center Sidewalk Improvements
Recipient City of Englewood DUNS # 075750133
Contact
Name
Jake Warren Phone # 303-762-2517
Address 1000 Englewood
Parkway
Englewood, CO 80110
Email: jwarren@englewoodco.gov
Total Project Budget
Funding Source Amount
Contracted Funds $220,000.00
Cash Match $55,000.00
In-kind Match $0.00
Program Income $0.00
Agency Overview
The City of Englewood is a local municipality in the state of Colorado.
Service: Capital project – Sidewalk Improvements
A. Service Description
• The city will make significant sidewalk, crosswalk, and curb ramp improvements near the
Malley Senior Recreation Center (MSRC) located at 3380 S. Lincoln St. This project will
replace the existing sidewalk near the MSRC to remove trip hazards, replace deteriorated
sidewalk, and bring all the sidewalk into compliance with federal ADA guidelines.
• The city will replace 1,925 linear feet of sidewalk including the sidewalk along the east
side of S Lincoln Street between E Hampden Avenue and E Floyd Avenue. The
Sidewalk/drive-way access to the parking lots on the west wide of Lincoln to the west of
the MSRC. The sidewalk on both sides of the E Girard Avenue between S Lincoln Street
and S Sherman Street. (Attachment A: MSRC Sidewalk Replacement Map)
• The city will replace 5 curb ramps in accordance with current ADA standards. And repaint
5 crosswalks in the area. Crosswalks repaints will include curb extensions/”Paint & Post”
curb bulb outs at crosswalks where Rectangular Rapid-Flashing Beacons will be placed.
• In accordance with the Pedestrian Traffic Control Plan (Attachment B):
o The city will maintain access to all adjacent properties during construction,
including access for individuals with disabilities.
o The city may close parking lanes adjacent to proposed work
o The city shall not encroach on travel lanes
o Where multiple driveways access a property, contractor shall maintain full access
to at least one driveway
o Where only one driveway exists, the city shall construct in two phases to
maintain access.
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o The city will coordinate with RTD to relocate bus stops during construction; the
city will provide information signage about relocation
• In accordance with the Communication Plan (Attachment C) the city shall communicate
with businesses and residents about impacts in the area prior to beginning construction.
• Work on this project cannot begin until approval of the NEPA Categorical Exclusion is
provided by the Federal Transit Administration.
B. Service Budget
Award
Funding Source Project
#
CFDA
#
Amount
Contracted Funds 412022 20.513 $220,000.00
Cash Match $55,000.00
In-kind Match $0.00
Program Income $0.00
Federal Award Information
Federal Awarding Agency Federal Transit Administration
FAIN CO-2022-022-00
Federal Award Date 08/17/2022
Indirect Rate Charged to
Grant
0%
Expenses
Personnel $0.00
Travel $0.00
Equipment $0.00
Contractual Services $275,000.00
Consultant Design Fee for PS&E; Construction Contracting
Staff Training/Education $0.00
Supplies $0.00
Indirect $0.00
Other Expenses $0.00
Total $275,000.00
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C. Projected Units and Clients/Milestones
Milestone Est Date of
Completion Description
Design Phase 12/20/2022 City will design project and execute
communications plan
Construction
Phase 1 06/03/2023 Demo, Frame, Pour/cure sidewalk
Construction
Phase 2 06/25/2023 Demo, Frame, Pour/cure sidewalk
Construction
Phase 3 07/11/2023 Demo, Frame, Pour/cure sidewalk
Construction
Phase 4 07/29/2023 Demo, Frame, Pour/cure sidewalk
Construction
Phase 5 08/05/2023 Demo, Frame, Pour/cure sidewalk
Project
Complete 08/31/2023 Time allotted for cleanup
Performance Standards
1. Performance will be reviewed throughout the grant agreement. Contractor will need to
report to the DRCOG Project Manager whenever one or more of the following occurs.
a. Budget changes in excess of 10% of the total budget or project schedule changes.
b. Project outcomes were not met.
c. Identification of problem areas and how the problems will be solved.
d. Expected impacts and the efforts to recover from delays.
2. Contractor will need to submit to DRCOG quarterly progress reports. These reports will be
submitted through DRCOG’s Contracts and Reimbursement System due on the 15th of the
following months: April, July, October, and January. If the 15th of the month falls on a weekend
or holiday, reports will be due the business day before.
3. Requests for reimbursement for project costs will be paid to Contractor upon presentation
of invoice(s) to DRCOG for eligible costs incurred after the date of execution of this Grant
through and within the limits of this Grant. Invoice(s) must be submitted to DRCOG monthly
on the 15th of the month following the month expenses were incurred. For example, for
expenses incurred in January, invoice(s) should be submitted by February 15. If the 15th falls
on a weekend or holiday, the reimbursement request will be due the business day before.
Failure to submit the reimbursement request on time may delay payment until the following
month.
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EXHIBIT B
TERMS AND CONDITIONS FOR SECTION 5310 FUNDING
The provisions of this Exhibit are required because this Contract is funded in whole or in part by the United
States Department of Transportation (USDOT), Federal Transit Administration (FTA). The requirements in
this Exhibit are in addition to and, unless inconsistent and irreconcilable, do not supplant requirements
found elsewhere in this Contract. If any requirement of this Exhibit is inconsistent with a provision found
elsewhere in this Contract and is irreconcilable with such provision, the requirement in this Exhibit shall
prevail.
ARTICLE 1 - ETHICS, POLITICAL ACTIVITY, DISQUALIFICATION, AND CRIMINAL ACTIVITY
(a) Standards of Conduct. Contractor agrees that it will establish and maintain written Standards
of Conduct covering conflicts of interest that:
(1) Apply to the following individuals who have a present or potential financial interest, or
other significant interest, such as a present or potential employment interest in the selection, award,
or administration of a third party contract or subcontract: (i) Contractor ’s officers, employees, board
members, or agents engaged in the selection, award, or administration of any subcontract; (ii) The
immediate family members or partners of those listed above; and (iii) An entity or organization that
employs or is about to employ any person that has a relationship with any of the individuals listed
above.
(2) Prohibit those individuals listed above from: (i) Engaging in any activities involving the
Contractor’s present or potential subcontractors at any tier, including selection, award, or
administration of a subcontract in which the individual has a present or potential financial or other
significant interest; and (ii) Accepting a gratuity, favor, or anything of monetary value from a present
or potential subcontractor, unless the gift is unsolicited and has an insubstantial financial or nominal
intrinsic value; and
(3) Establish penalties, sanctions, or other disciplinary actions for violations, as permitted
by state or local law or regulations, that apply to those individuals listed above.
(b) Lobbying Restrictions. Contractor agrees that it will not use federal assistance to influence any
officer or employee of a federal agency, member of Congress or an employee of a member of Congress,
or officer or employee of Congress on matters that involve the Contract, including any extension or
modification, according to the following:
(1) Laws, Regulations, Requirements, and Guidance. This includes: (i) The Byrd Anti-
Lobbying Amendment, 31 U.S.C. § 1352, as amended; (ii) U.S. DOT regulations, “New Restrictions
on Lobbying,” 49 CFR Part 20, to the extent consistent with 31 U.S.C. § 1352, as amended; and
(iii) Other applicable federal laws, regulations, requirements, and guidance prohibiting the use of
federal assistance for any activity concerning legislation or appropriations designed to influence
the U.S. Congress or a state legislature; and
(2) Exception. If permitted by applicable federal law, regulations, requirements, or
guidance, such lobbying activities described above may be undertaken through the Contractor’s
proper official channels.
(c) Trafficking in Persons.
(1) Legal Authorities. Contractor agrees to comply with federal requirements and
guidance, including: (i) Section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as
amended, 22 U.S.C. § 7104(g); and (ii) The terms of this section 4(f), which have been derived
from U.S. OMB regulatory guidance, “Award Term for Trafficking in Persons,” 2 CFR Part 175, per
U.S. OMB’s direction
(2) Provisions Applicable to Contractor. Contractor agrees to, and assures that it will: (i)
Provide Information. Inform FTA immediately of any information it receives from any source alleging
a violation of the prohibitions listed in in this Section; and (ii) Include the following provision in any
subagreement it enters into with a private entity as defined above: “XXX agrees that it and its
employees that participate in the Contract, may not: engage in severe forms of trafficking in persons
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during the period of time that the Contract is in effect, procure a commercial sex act during the
period of time that the Contract is in effect, or use forced labor in the performance of the Contract
or subagreements thereunder.”
(d) Federal Tax Liability and Recent Felony Convictions.
(1) Transactions Prohibited. (i) Contractor hereby agrees and certifies that it: (A) Does not
have any unpaid Federal tax liability that has been assessed, for which all judicial and
administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely
manner pursuant to an agreement with the authority responsible for collecting the tax liability; and
(B) Was not convicted of a felony criminal violation under any Federal law within the preceding 24
months.
(2) Flow-Down. Contractor shall flow this requirement down to participants at all lower tiers,
without regard to the value of any subagreement.
(e) Debarment and Suspension. Contractor agrees to the following:
(1) It will comply with the following requirements of 2 CFR Part 180, subpart C, as adopted
and supplemented by U.S. DOT regulations at 2 CFR Part 1200.
(2) It will not enter into any “covered transaction” (as that phrase is defined at 2 CFR §§
180.220 and 1200.220) with any subcontractor that is, or whose principal is, suspended, debarred,
or otherwise excluded from participating in covered transactions, except as authorized by— (i) U.S.
DOT regulations, “Nonprocurement Suspension and Debarment,” 2 CFR Part 1200; (ii) U.S. OMB
regulatory guidance, “Guidelines to Agencies on Governmentwide Debarment and Suspension
(Nonprocurement),” 2 CFR Part 180; and (iii) Other applicable federal laws, regulations, or
requirements regarding participation with debarred or suspended contractors.
(3) It will review the U.S. GSA “System for Award Management – Lists of Parties Excluded
from Federal Procurement and Nonprocurement Programs,” if required by U.S. DOT regulations,
2 CFR Part 1200.
(4) It will ensure that its subcontracts contain provisions necessary to flow down these
suspension and debarment provisions to all lower tier covered transactions.
(5) Contractor must not enter into a subcontract with any party listed on the
governmentwide exclusions in the System for Award Management (SAM), in accordance with the
OMB guidelines at 2 C.F.R. 180 that implement Executive Orders 12549 (31 U.S.C. § 6101 note,
51 Fed. Reg. 6370,) and 12689 (31 U.S.C. § 6101 note, 54 Fed. Reg. 34131), “Debarment and
Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise
excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority
other than Executive Order 12549. As such, Contractor shall: (i) comply with federal debarment
and suspension requirements; and (ii) reviews the SAM at https://www.sam.gov, if necessary to
comply with U.S. DOT regulations, 2 CFR Part 1200.
ARTICLE 2 - PAYMENT, AUDITS AND RECORDS
(a) Access to Records. Contractor agrees that it will and will require each of its subcontractors to
provide: (1) The U.S. Secretary of Transportation and the Comptroller General of the United States, the
state, or their duly authorized representatives, access to all third party contract records (at any tier) as
required under 49 U.S.C. § 5325(g); and (2) Sufficient access to all third party contract records (at any tier)
as needed for compliance with applicable federal laws, regulations, and requirements or to assure proper
management of the grant as determined by FTA.
(b) Access to the Sites of Performance. Contractor agrees to permit, and to require its
subcontractors, to permit FTA to have access to the sites of performance of the Work, the Contractor and
to make site visits as needed in compliance with applicable federal regulations.
(c) Completion, Audit, Settlement, and Closeout.
(1) Completion. Within ninety (90) calendar days after completion or termination of the
Work (or an earlier date as agreed upon by DRCOG and Contractor, the Contractor agrees to
submit to DRCOG: (i) Its final Federal Financial Report, either electronically or on Federal Financial
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Report Standard Form 425 (SF-425); (ii) A certification of expenses incurred that implement the
Contract; and (iii) The necessary audit reports of its Contract.
ARTICLE 3 - CIVIL RIGHTS
(a) Civil Rights Requirements Contractor agrees that it must comply with applicable federal civil
rights laws, regulations, and requirements, and follow applicable federal guidance.
(b) Nondiscrimination in Federal Public Transportation Programs. Contractor agrees to, and
assures that it and each subcontractor will:
(1) Prohibit discrimination based on race, color, religion, national origin, sex (including
gender identity), disability, or age.
(2) Prohibit the: (i) Exclusion from participation in employment or a business opportunity
for reasons identified in 49 U.S.C. § 5332; (ii) Denial of program benefits in employment or a
business opportunity identified in 49 U.S.C. § 5332; or (iii) Discrimination identified in 49 U.S.C. §
5332, including discrimination in employment or a business opportunity identified in 49 U.S.C. §
5332.
(3) Follow: (i) The most recent edition of FTA Circular 4702.1, “Title VI Requirements and
Guidelines for Federal Transit Administration Recipients,” to the extent consistent with applicable
federal laws, regulations, requirements, and guidance; but (ii) FTA does not require an Indian Tribe
to comply with FTA program specific guidelines for Title VI when administering its Underlying
Agreement supported with federal assistance under the Tribal Transit Program.
(c) Nondiscrimination – Title VI of the Civil Rights Act. The Contractor agrees to, and assures that
each subcontractor will:
(1) Prohibit discrimination based on race, color, or national origin,
(2) Comply with: (i) Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d,
et seq.; (ii) U.S. DOT regulations, “Nondiscrimination in Federally-Assisted Programs of the
Department of Transportation – Effectuation of Title VI of the Civil Rights Act of 1964,” 49 CFR Part
21; and (iii) Federal transit law, specifically 49 U.S.C. § 5332; and
(3) Follow: (i) The most recent edition of FTA Circular 4702.1, “Title VI Requirements and
Guidelines for Federal Transit Administration Recipients,” to the extent consistent with applicable
federal laws, regulations, requirements, and guidance; (ii) U.S. DOJ, “Guidelines for the
enforcement of Title VI, Civil Rights Act of 1964,” 28 C.F.R. § 50.3; and (iii) All other applicable
federal guidance that may be issued.
(d) Equal Employment Opportunity.
(1) Federal Requirements and Guidance. The Contractor agrees to, and assures that each
subcontractor will, prohibit discrimination based on race, color, religion, sex, sexual orientation,
gender identity, or national origin, and: (i) Comply with Title VII of the Civil Rights Act of 1964, as
amended, 42 U.S.C. § 2000e, et seq.; (ii) Facilitate compliance with Executive Order No. 11246,
“Equal Employment Opportunity” September 24, 1965 (42 U.S.C. § 2000e note), as amended by
any later Executive Order that amends or supersedes it in part and is applicable to federal
assistance programs; (iii) Comply with federal transit law, specifically 49 U.S.C. § 5332, as provided
in section 12 of this Master Agreement; (iv) FTA Circular 4704.1 “Equal Employment Opportunity
(EEO) Requirements and Guidelines for Federal Transit Administration Recipients;” and (v) Follow
other federal guidance pertaining to EEO laws, regulations, and requirements, and prohibitions
against discrimination on the basis of disability.
(2) Specifics. Contractor agrees to, and assures that each subcontractor will: (i) Affirmative
Action. If required to do so by U.S. DOT regulations (49 CFR Part 21) or U.S. Department of Labor
regulations (41 C.F.R. chapter 60), take affirmative action that includes, but is not limited to: (A)
Recruitment advertising, recruitment, and employment; (B) Rates of pay and other forms of
compensation; (C) Selection for training, including apprenticeship, and upgrading; and (D)
Transfers, demotions, layoffs, and terminations; but (ii) Recognize that Title VII of the Civil Rights
Act of 1964, as amended, exempts Indian Tribes under the definition of “Employer;” and
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(3) Equal Employment Opportunity Requirements for Construction Activities. Comply, when
undertaking “construction” as recognized by the U.S. Department of Labor (U.S. DOL), with: (i) U.S.
DOL regulations, “Office of Federal Contract Compliance Programs, Equal Employment
Opportunity, Department of Labor,” 41 C.F.R. chapter 60; and (ii) Executive Order No. 11246, “Equal
Employment Opportunity in Federal Employment,” September 24, 1965, 42 U.S.C. § 2000e note
(30 Fed. Reg. 12319, 12935), as amended by any later Executive Order that amends or supersedes
it, referenced in 42 U.S.C. § 2000e note.
(e) Disadvantaged Business Enterprise. Contractor will facilitate, participation by small business
concerns owned and controlled by socially and economically disadvantaged individuals, also referred to as
“Disadvantaged Business Enterprises” (DBEs) as follows:
(1) Contractor agrees and agrees to obtain the agreement of each of its subcontractors to
include the following assurance in every subcontract it signs: (A) Contractor and each subcontractor
must not discriminate based on race, color, national origin, or sex in the award and performance of
any FTA or U.S. DOT-assisted subcontract, as applicable, and the administration of its DBE
program or the requirements of 49 CFR Part 26; (B) Contractor and each subcontractor must take
all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award
and administration of U.S. DOT-assisted subcontracts; (C) Failure by Contractor or any
subcontractor to carry out the requirements of this subparagraph is a material breach of this
Contract or any subcontract, as applicable; and (D) The following remedies, or such other remedy
as DRCOG deems appropriate, include, but are not limited to, withholding monthly progress
payments, assessing sanctions, liquidated damages, and/or disqualifying the Contractor or
subcontractor from future bidding as non-responsible
(f) Nondiscrimination on the Basis of Sex. Contractor agrees to comply with federal prohibitions
against discrimination based on sex, including: (1) Title IX of the Education Amendments of 1972, as
amended, 20 U.S.C. § 1681, et seq.; (2) U.S. DOT regulations, “Nondiscrimination on the Basis of Sex in
Education Programs or Activities Receiving Federal Financial Assistance,” 49 CFR Part 25; and (3) Federal
transit law, specifically 49 U.S.C. § 5332.
(g) Nondiscrimination on the Basis of Age. Contractor agrees to comply with federal prohibitions
against discrimination based on age, including: (1) The Age Discrimination in Employment Act, 29 U.S.C.
§§ 621 – 634, which prohibits discrimination based on age; (2) U.S. Equal Employment Opportunity
Commission (U.S. EEOC) regulations, “Age Discrimination in Employment Act,” 29 CFR Part 1625; (3) The
Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6101, et seq., which prohibits discrimination
against individuals based on age in the administration of Programs, Projects, and related activities receiving
federal assistance; (4) U.S. Health and Human Services regulations, “Nondiscrimination on the Basis of
Age in Programs or Activities Receiving Federal Financial Assistance,” 45 CFR Part 90; and (5) Federal
transit law, specifically 49 U.S.C. § 5332.
(h) Nondiscrimination on the Basis of Disability. Contractor agrees to comply with the following
federal prohibitions against discrimination based on disability:
(1) Federal laws, including: (i) Section 504 of the Rehabilitation Act of 1973, as amended,
29 U.S.C. § 794, which prohibits discrimination based on disability in the administration of federally
assisted Programs, Projects, or activities; (ii) The Americans with Disabilities Act of 1990 (ADA), as
amended, 42 U.S.C. § 12101, et seq., which requires that accessible facilities and services be
made available to individuals with disabilities: (A) For FTA Recipients generally, Titles I, II, and III
of the ADA apply; but (B) For Indian Tribes, Titles II and III of the ADA apply, but Title I of the ADA
does not apply because it exempts Indian Tribes from the definition of “employer;” (iii) The
Architectural Barriers Act of 1968, as amended, 42 U.S.C. § 4151, et seq., which requires that
buildings and public accommodations be accessible to individuals with disabilities; (iv) Federal
transit law, specifically 49 U.S.C. § 5332, which now includes disability as a prohibited basis for
discrimination; and (v) Other applicable federal laws, regulations, and requirements pertaining to
access for seniors or individuals with disabilities.
(2) Federal regulations and guidance, including: (i) U.S. DOT regulations, “Transportation
Services for Individuals with Disabilities (ADA),” 49 CFR Part 37; (ii) U.S. DOT regulations,
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“Nondiscrimination on the Basis of Disability in Programs and Activities Receiving or Benefiting
from Federal Financial Assistance,” 49 CFR Part 27; (iii) Joint U.S. Architectural and Transportation
Barriers Compliance Board (U.S. ATBCB) and U.S. DOT regulations, “Americans With Disabilities
(ADA) Accessibility Specifications for Transportation Vehicles,” 36 CFR Part 1192 and 49 CFR Part
38; (iv) U.S. DOT regulations, “Transportation for Individuals with Disabilities: Passenger Vessels,”
49 CFR Part 39; (v) U.S. DOJ regulations, “Nondiscrimination on the Basis of Disability in State
and Local Government Services,” 28 CFR Part 35; (vi) U.S. DOJ regulations, “Nondiscrimination
on the Basis of Disability by Public Accommodations and in Commercial Facilities,” 28 CFR Part
36; (vii) U.S. EEOC, “Regulations to Implement the Equal Employment Provisions of the Americans
with Disabilities Act,” 29 CFR Part 1630; (viii) U.S. Federal Communications Commission
regulations, “Telecommunications Relay Services and Related Customer Premises Equipment for
Persons with Disabilities,” 47 CFR Part 64, subpart F; 58 (ix) U.S. ATBCB regulations, “Electronic
and Information Technology Accessibility Standards,” 36 CFR Part 1194; (x) FTA regulations,
“Transportation for Elderly and Handicapped Persons,” 49 CFR Part 609; (xi) FTA Circular 4710.1,
“Americans with Disabilities Act: Guidance;” and (xii) Other applicable federal civil rights and
nondiscrimination regulations and guidance.
ARTICLE 4 - EMPLOYEE PROTECTIONS
(a) Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 3701 – 3708). For contracts in
excess of $100,000 that involve the employment of mechanics or laborers, Contractor shall comply with 40
U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under
40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic
and laborer based on a standard work week of 40 hours. Work in excess of the standard work week is
permissible provided that the worker is compensated at a rate of not less than one and a half times the
basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40
U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required
to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These
requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the
open market, or contracts for transportation or transmission of intelligence.
(b) Awards Involving Construction. The Contractor agrees to comply and assures that each
subcontractor with all federal laws, regulations, and requirements providing protections for construction
employees involved in each project or related activities with federal assistance, including the:
(1) Prevailing Wage Requirements of: (i) Federal transit laws, specifically 49 U.S.C. §
5333(a), (FTA’s “Davis Bacon Related Act”); (ii) The Davis-Bacon Act, 40 U.S.C. §§ 3141 – 3144,
3146, and 3147; and (iii) U.S. DOL regulations, “Labor Standards Provisions Applicable to
Contracts Covering Federally Financed and Assisted Construction (also Labor Standards
Provisions Applicable to Nonconstruction Contracts Subject to the Contract Work Hours and Safety
Standards Act),” 29 CFR Part 5.
(2) Wage and Hour Requirements of: (i) Section 102 of the Contract Work Hours and Safety
Standards Act, as amended, 40 U.S.C. § 3702, and other relevant parts of that Act, 40 U.S.C. §
3701, et seq.; and (ii) U.S. DOL regulations, “Labor Standards Provisions Applicable to Contracts
Covering Federally Financed and Assisted Construction (also Labor Standards Provisions
Applicable to Nonconstruction Contracts Subject to the Contract Work Hours and Safety Standards
Act),” 29 CFR Part 5.
(3) “Anti-Kickback” Prohibitions of: (i) Section 1 of the Copeland “Anti-Kickback” Act, as
amended, 18 U.S.C. § 874; (ii) Section 2 of the Copeland “Anti-Kickback” Act, as amended, 40
U.S.C. § 3145; and (iii) U.S. DOL regulations, “Contractors and Subcontractors on Public Building
or Public Work Financed in Whole or in Part by Loans or Grants from the United States,” 29 CFR
Part 3. 81
(4) Construction Site Safety of: (i) Section 107 of the Contract Work Hours and Safety
Standards Act, as amended, 40 U.S.C. § 3704, and other relevant parts of that Act, 40 U.S.C. §
3701, et seq.; and (ii) U.S. DOL regulations, “Recording and Reporting Occupational Injuries and
Illnesses,” 29 CFR Part 1904; “Occupational Safety and Health Standards,” 29 CFR Part 1910; and
“Safety and Health Regulations for Construction,” 29 CFR Part 1926.
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(c) Awards Not Involving Construction. The Contractor agrees to comply and assures that each
subcontractor will comply with all federal laws, regulations, and requirements providing wage and hour
protections for nonconstruction employees, including Section 102 of the Contract Work Hours and Safety
Standards Act, as amended, 40 U.S.C. § 3702, and other relevant parts of that Act, 40 U.S.C. § 3701, et
seq., and U.S. DOL regulations, “Labor Standards Provisions Applicable to Contracts Covering Federally
Financed and Assisted Construction (also Labor Standards Provisions Applicable to Nonconstruction
Contracts Subject to the Contract Work Hours and Safety Standards Act),” 29 CFR Part 5.
(d) Awards Involving Commerce. The Contractor agrees to comply and assures that each
subcontractor will comply with the Fair Labor Standards Act (FLSA), 29 U.S.C. § 201, et seq. to the extent
that the FLSA applies to employees performing work with federal assistance provided through the Contract
involving commerce, and as the Federal Government otherwise determines applicable.
(e) Public Transportation Employee Protective Arrangements. As a condition of award of federal
assistance appropriated or made available for FTA programs involving public transportation operations, the
Contractor agrees to comply and assures that each subcontractor will comply with the following employee
protective arrangements of 49 U.S.C. § 5333(b):
(1) Special Arrangements for Underlying Agreements for Federal Assistance Authorized
under 49 U.S.C. § 5310. The Contractor agrees, and assures that any subcontractor providing
public transportation operations will agree, that although pursuant to 49 U.S.C. § 5310, and former
49 U.S.C. §§ 5310 or 5317, FTA has determined that it was not “necessary or appropriate” to apply
the conditions of 49 U.S.C. § 5333(b) to any Contractor participating in the program to provide
public transportation for seniors (elderly individuals) and individuals with disabilities, FTA reserves
the right to make case-by-case determinations of the applicability of 49 U.S.C. § 5333(b) for all
transfers of funding authorized under title 23, United States Code (flex funds), and make other
exceptions as it deems appropriate.
ARTICLE 5 - ENVIRONMENTAL PROTECTIONS
(a) General. The Contractor agrees to, and assures that its subcontractors will, comply with all
applicable environmental and resource use laws, regulations, and requirements, and follow applicable
guidance, now in effect or that may become effective in the future, including state and local laws,
ordinances, regulations, and requirements and follow applicable guidance.
(b) National Environmental Policy Act. The Contractor agrees to, and assures that its
subcontractors will:
(1) Comply and facilitate compliance with federal laws, regulations, and requirements,
including, but not limited to: (i) Federal transit laws, such as 49 U.S.C. § 5323(c)(2), and 23 U.S.C.
§ 139; (ii) The National Environmental Policy Act of 1969 (NEPA), as amended, 42 U.S.C. §§ 4321,
et seq., as limited by 42 U.S.C. § 5159, and CEQ’s implementing regulations 40 CFR Part 1500 –
1508; (iii) Joint FHWA and FTA regulations, “Environmental Impact and Related Procedures,” 23
CFR Part 771 and 49 CFR Part 622; (iv) Executive Order No. 11514, as amended, “Protection and
Enhancement of Environmental Quality,” March 5, 1970, 42 U.S.C. § 4321 note (35 Fed. Reg.
4247); and (v) Other federal environmental protection laws, regulations, and requirements
applicable to DRCOG or the Grant.
(2) Follow the federal guidance identified herein to the extent that the guidance is
consistent with applicable authorizing legislation: (i) Joint FHWA and FTA final guidance, “Interim
Guidance on MAP-21 Section 1319, Accelerated Decision making in Environmental Reviews,”
January 14, 2013; (ii) Joint FHWA and FTA final guidance, “SAFETEA-LU Environmental Review
Process (Public Law 109-59),” 71 Fed. Reg. 66576, November 15, 2006; and (iii) Other federal
environmental guidance applicable to the DRCOG or the Grant.
(c) Environmental Justice. The Contractor agrees to, and assures that its subcontractors will,
promote environmental justice by following:
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(1) Executive Order No. 12898, “Federal Actions to Address Environmental Justice in
Minority Populations and Low-Income Populations,” February 11, 1994, 42 U.S.C. § 4321 note, (59
Fed. Reg. 7629, 3 C.F.R. 1994 Comp., p. 859) as well as facilitating compliance with that Executive
Order;
(2) U.S. DOT Order 5610.2(a), “Department of Transportation Updated Environmental
Justice Order,” 77 Fed. Reg. 27534, May 10, 2012; and
(3) The most recent edition of FTA Circular 4703.1, “Environmental Justice Policy Guidance
for Federal Transit Administration Recipients,” August 15, 2012, to the extent consistent with
applicable federal laws, regulations, requirements, and guidance.
(d) Other Environmental Federal Laws. The Contractor agrees to comply or facilitate compliance,
and assures that its subcontractors will comply or facilitate compliance, with all applicable federal laws,
regulations, and requirements, and will follow applicable guidance, including, but not limited to, the Clean
Air Act, Clean Water Act, Wild and Scenic Rivers Act of 1968, Coastal Zone Management Act of 1972, the
Endangered Species Act of 1973, Magnuson Stevens Fishery Conservation and Management Act,
Resource Conservation and Recovery Act, Comprehensive Environmental Response, Compensation, and
Liability Act, Executive Order No. 11990 relating to “Protection of Wetlands,” and Executive Order No.
11988, as amended, “Floodplain Management.”
(e) Use of Certain Public Lands. The Contractor agrees to comply, and assures that its
subcontractors will comply, with U.S. DOT laws, specifically 49 U.S.C. § 303 (often referred to as “section
4(f)”), and joint FHWA and FTA regulations, “Parks, Recreation Areas, Wildlife and Waterfowl Refuges, and
Historic Sites,” 23 CFR Part 774, and referenced in 49 CFR Part 622.
(f) Clean Air Act (42 U.S.C. §§ 7401 – 7671q.) and the Federal Water Pollution Control Act (33
U.S.C. §§ 1251 – 1388), as amended. For contracts in excess of $150,000, Contractor shall comply with
all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. §§ 7401 –
7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. §§ 1251 – 1388). Violations
must be reported to the Federal awarding agency and the Regional Office of the Environmental
Protection Agency (EPA).
(g) Solid Wastes. Contractor must comply with section 6002 of the Solid Waste Disposal Act, as
amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include
procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR
Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining
a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of
the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste
management services in a manner that maximizes energy and resource recovery; and establishing an
affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.
ARTICLE 6 - PROCUREMENT, PROPERTY AND EQUIPMENT STANDARDS
(a) Procurement. All procurement transactions for supplies, equipment and services shall be
conducted in a manner to provide, to the maximum extent practicable, open and free competition as
provided in 49 U.S.C. § 5325(a) and as determined by FTA.
(b) Use of Real Property, Equipment, and Supplies.
(1) Federal Interest. Contractor agrees that the Federal Government retains a federal
interest in all real property, equipment, and supplies acquired or improved for use in connection
with the Work (Project property) until, and to the extent that, the Federal Government removes its
federal interest.
(2) FTA Requirements and Guidance for Use of Project Property. Contractor agrees that:
(i) Satisfactory Continuing Control. It will maintain continuing control of the use of its Project
property as satisfactory to FTA, which is defined as the legal assurance that Project property will
remain available to be used for its originally authorized purpose throughout its useful life or until
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disposition. (ii) Appropriate Use. It will use its Project property for appropriate purposes (including
joint development purposes as well as uses that provide program income to support public
transportation) for the duration of the useful life of its Project property, which may extend beyond
the duration of the Contract, and consistent with other requirements FTA may impose. (iii) Delay or
Failure to Use Project Property. The Federal Government may require it to return the entire amount
of federal assistance spent on its Project property if, during the useful life of its Project property, it
has unreasonably delayed using its Project property, or failed to use its Project property. (iv)
Notification. It will notify DRCOG and FTA immediately when it uses any of its Project property in a
manner substantially different from the representations in its Scope of Work or other documents
submitted in support of the Contract, or the requirements of the Contract, or it withdraws any of its
Project property from appropriate use. (v) FTA Guidance. It will consult FTA guidance through its
circulars or other written documents for ways in which FTA property requirements should be
implemented. FTA guidance will apply unless FTA determines otherwise in writing.
(3) General Federal Requirements. Contractor agrees to comply with the applicable U.S.
DOT property management provisions as provided in applicable U.S. DOT regulations. Contractor
also agrees to follow FTA’s reimbursement provisions pertaining to premature dispositions of
certain equipment, as provided in the Master Agreement and FTA guidance.
(4) Maintenance. As provided in federal laws, regulations, requirements, and guidance, the
Contractor agrees to maintain its Project property in good operating order, and comply with FTA
regulations, “Transit Asset Management” and “National Transit Database,” 49 CFR Parts 625 and
630.
(5) Property Records. Contractor agrees to keep satisfactory records of its use of its Project
property, and, upon request, it will provide FTA the necessary information required to assure
compliance with the Master Agreement.
(6) Incidental Use. (i) Contractor agrees that any incidental use of Project property will not
exceed what is permitted under applicable federal requirements and federal guidance. (ii) As
provided in 49 U.S.C. § 5323(p), it may permit nontransit public entities and private entities to have
incidental use of its federally assisted alternative fueling facilities and equipment, only if: (a) The
incidental use does not interfere with public transportation operations or violate the provisions of
the Contract; (b) It fully recaptures all the costs related to the incidental use from any nontransit
public entity or private entity that uses the alternative fueling facilities or equipment; (c) It uses
revenues it receives from the incidental use in excess of costs for planning, capital, and operating
expenses that are incurred in providing public transportation; and (d) Private entities pay all
applicable excise taxes on fuel.
(7) Encumbrance of Project Property. Absent the express consent of the Federal
Government in writing, Contractor agrees to preserve the federal interest in its Project property,
and to maintain satisfactory continuing control of its Project property as follows: (i) Written
Transactions. Contractor agrees that it will not execute any documents that would either adversely
affect the federal interest in or impair its continuing control of the use of its Project property
including, but not limited to, lease, transfer of title, lien, pledge, mortgage, encumbrance, third party
contract, subagreement, grant anticipation note, alienation, innovative finance arrangements, such
as a cross-border or leveraged lease, or other types of innovative financing arrangements, or any
restriction, constraint, or commitment that may apply to the Project property. Upon request, the
Contractor will provide a copy of any document described above to FTA. (ii) Oral Transactions.
Contractor agrees it will not obligate itself in any way through an oral statement to any third party
with respect to its Project property that would either adversely affect the federal interest in or impair
its continuing control of the use of its Project property. (iii) Other Actions. Contractor agrees that it
will not take any other action that would either adversely affect the federal interest in or impair its
continuing control of the use of its Project property.
(8) Useful Life of Project Property. Contractor agrees that: (i) Determining the Useful Life.
FTA may establish the useful life of Project property; (ii) Required Use. It will use its Project property
continuously and appropriately throughout the useful life of that property; (iii) Expired Useful Life.
When the useful life of its Project property has expired, it will comply with FTA’s disposition
requirements; and (iv) Premature Withdrawal. The Federal Government retains a federal interest
in the fair market value of Project property or remaining useful life in Project property calculated
based on straight line depreciation (including Project equipment acquired by a state). Therefore, if
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the Contractor withdraws that property from public transportation use prematurely, it will notify FTA
immediately when any of its Project property is prematurely withdrawn from appropriate use,
whether by planned withdrawal, misuse, or casualty loss. (a) Amount of Federal Interest. The
federal interest in the Contractor ’s or any of its subcontractors’ Project property will be determined
based on the ratio of the federal assistance provided for that property to the actual cost of that
property. (b) Financial Commitments to the Federal Government. Except as otherwise approved in
writing by the Federal Government, the Contractor agrees that if its Project property is prematurely
withdrawn from appropriate use: (A) It will return an amount equal to the remaining federal interest
in the withdrawn property to the Federal Government; or (B) With FTA approval, it will invest an
amount equal to the remaining federal interest in the withdrawn property in other transit property
eligible for federal assistance provided through the Underlying Agreement.
ARTICLE 7 - CHARTER SERVICE, MOTOR CARRIER SAFETY
(a) Prohibitions. The Contractor agrees that neither it nor any subcontractor will engage in charter
service, except as permitted under federal transit laws, specifically 49 U.S.C. § 5323(d), (g), and (r), FTA
regulations, “Charter Service,” 49 CFR Part 604, any other federal Charter Service regulations, federal
requirements, or federal guidance.
(b) Exceptions. Apart from exceptions to the Charter Service restrictions in FTA’s Charter Service
regulations, FTA has established the following additional exceptions to those restrictions:
(1) FTA’s Charter Service restrictions do not apply to equipment or facilities supported with
the federal assistance appropriated or made available for 49 U.S.C. § 5310 to support a New
Freedom-type Project or related activities that would have been eligible for federal assistance under
repealed 49 U.S.C. § 5317 in effect in Fiscal Year 2012 or a previous fiscal year, provided the
Contractor uses that federal assistance for FTA program purposes only.
(c) Violations. If Contractor or any subcontractor engages in a pattern of violations of FTA’s Charter
Service regulations, FTA may require corrective measures and remedies, including withholding an amount
of federal assistance as provided in FTA’s Charter Service regulations, 49 CFR Part 604, appendix D, or
barring it or a subcontractor from receiving federal assistance provided in 49 U.S.C. chapter 53, 23 U.S.C.
§ 133, or 23 U.S.C. § 142.
(d) Financial Responsibility. The Contractor agrees to comply and assures that its subcontractor
will comply with the economic and insurance registration requirements of the:
(1) U.S. Federal Motor Carrier Safety Administration (U.S. FMCSA) regulations, “Minimum
Levels of Financial Responsibility for Motor Carriers,” 49 CFR Part 387, if it is engaged in operations
requiring compliance with 49 CFR Part 387, it is engaged in interstate commerce, and it is not
within a defined commercial zone; and
(2) The provisions of 49 U.S.C. § 31138(e)(4), which supersede inconsistent provisions of
49 CFR Part 387, and reduce the amount of insurance the Contractor must obtain to the highest
amount required by any state in which the public transportation provider operates, if it operates
within a public transportation service area located in more than one state, and receives federal
assistance under 49 U.S.C. §§ 5307, 5310, and 5311.
(e) U.S. FMCSA Requirements. The Contractor agrees to comply and assures that its
subcontractors will comply with: (1) The safety requirements of U.S. FMCSA regulations, “Federal Motor
Carrier Safety Regulations,” 49 CFR Parts 390 – 397, to the extent applicable; and (2) The driver’s license
requirements of U.S. FMCSA regulations, “Commercial Driver’s License Standards, Requirements, and
Penalties,” 49 CFR Part 383, 90 and “State Compliance with Commercial Driver's License,” 49 CFR Part
384, to the extent applicable, with the substance abuse requirements and guidance of U.S. FMCSA’s
regulations, “Controlled Substances and Alcohol Use and Testing,” 49 CFR Part 382, and implementing
federal guidance, to the extent applicable.
(f) Alcohol Misuse and Prohibited Drug Use.
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(1) Requirements. The Contractor agrees to comply and assures that its subcontractors
will comply with: (i) Federal transit laws, specifically 49 U.S.C. § 5331; (ii) FTA regulations,
“Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations,” 49 CFR Part 655;
and (iii) Applicable provisions of U.S. DOT regulations, “Procedures for Transportation Workplace
Drug and Alcohol Testing Programs,” 49 CFR Part 40.
(2) Remedies for Non-Compliance. If FTA determines that the Contractor or subcontractor
receiving federal assistance under 49 U.S.C. chapter 53 is not in compliance with 49 CFR Part 655,
the Federal Transit Administrator may bar that Contractor or subcontractor from receiving all or a
portion of the federal transit assistance for public transportation it would otherwise receive.
ARTICLE 8 - DISPUTES, BREACHES, DEFAULTS, AND LITIGATION
(a) FTA Interest. FTA has a vested interest in the settlement of any violation of federal law,
regulation, or requirement, or any disagreement involving the Contract including, but not limited to, a default,
breach, major dispute, or litigation, and FTA reserves the right to concur in any settlement or compromise.
(b) Notification to FTA; Flow Down Requirement. If a current or prospective legal matter that may
affect the Federal Government emerges, the Contractor must promptly notify the FTA Chief Counsel and
FTA Regional Counsel for the Region in which the Contractor is located. The Contractor must include a
similar notification requirement in its subcontracts and must require each subcontractor to include an
equivalent provision in its subcontracts at every tier, for any agreement that is a “covered transaction”
according to 2 C.F.R. §§ 180.220 and 1200.220.
(1) The types of legal matters that require notification include, but are not limited to, a major
dispute, breach, default, litigation, or naming the Federal Government as a party to litigation or a
legal disagreement in any forum for any reason.
(2) Matters that may affect the Federal Government include, but are not limited to, the
Federal Government’s interests in the Grant or the Contract, or the Federal Government’s
administration or enforcement of federal laws, regulations, and requirements.
ARTICLE 9 – MISCELLANEOUS
(a) Rights to Inventions Made Under a Contract or Agreement. If the Contract involves the
performance of experimental, developmental, or research work and the Contractor wishes to enter into a
contract with a small business firm or nonprofit organization regarding the substitution of parties,
assignment or performance of experimental, developmental, or research work under that “funding
agreement,” the Contractor must comply with the requirements of 37 CFR Part 401, “Rights to Inventions
Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and
Cooperative Agreements,” and any implementing regulations issued by the awarding agency.
(b) Architectural Engineering and Related Services. If the Contract involves architectural
engineering or related services, the Contractor agrees to comply and assures that each of its subcontractors
will comply with 49 U.S.C. § 5325(b).
(c) Veterans Preference. As provided in 49 U.S.C. § 5325(k), to the extent practicable, the
Contractor: (1) Will give a hiring preference to veterans, as defined in 5 U.S.C. § 2108, who have the skills
and abilities required to perform construction work required under a third party contract in connection with
a Capital Project supported with federal assistance appropriated or made available for 49 U.S.C. chapter
53; and (2) Will not require an employer to give a preference to any veteran over any equally qualified
applicant who is a member of any racial or ethnic minority, female, an individual with a disability, or a former
employee.
(d) Patent Rights. Contractor agrees that: (1) Its rights and responsibilities in any federally
assisted invention, improvement, or discovery will be determined as provided in applicable federal laws,
regulations, requirements, and guidance, including any waiver thereof; and (2) Unless the Federal
Government determines otherwise in writing, irrespective of its status or the status of the Contractor as a
large business, small business, state government, state instrumentality, local government, Indian tribe,
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nonprofit organization, institution of higher education, or individual, the Contractor will transmit the Federal
Government’s patent rights to FTA, as specified in 35 U.S.C. § 200, et seq., and U.S. Department of
Commerce regulations, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms
Under Government Grants, Contracts and Cooperative Agreements,” 37 CFR Part 401.
(e) Rights in Data and Copyrights.
(1) Definition of “Subject Data.” As used in this section, “subject data” means recorded
information, whether or not copyrighted, that is delivered or specified to be delivered as required
by the Contract. Examples of subject data include, but are not limited to computer software,
standards, specifications, engineering drawings and associated lists, process sheets, manuals,
technical reports, catalog item identifications, and related information, but do not include financial
reports, cost analyses, or other similar information used for performance or administration of the
Underlying Agreement.
(2) General Federal Restrictions. The following restrictions apply to all subject data first
produced in the performance of the Contract: (i) Prohibitions. Contractor may not publish or
reproduce any subject data, in whole, in part, or in any manner or form, or permit others to do so.
(ii) Exceptions. The prohibitions do not apply to publications or reproductions for Contractor ’s own
internal use, an institution of higher learning, the portion of subject data that the Federal
Government has previously released or approved for release to the public, or the portion of data
that has the Federal Government’s prior written consent for release.
(3) Federal Rights in Data and Copyrights. Contractor agrees that: (i) General. It must
provide a license to its subject data to the Federal Government that is royalty-free, non-exclusive,
and irrevocable. The Federal Government’s license must permit the Federal Government to
reproduce, publish, or otherwise use the subject data or permit other entities or individuals to use
the subject data provided those actions are taken for Federal Government purposes; and (ii) U.S.
DOT Public Access Plan – Copyright License. Contractor grants to U.S. DOT a worldwide, non-
exclusive, non-transferable, paid-up, royalty-free copyright license, including all rights under
copyright, to any and all Publications and Digital Data Sets as such terms are defined in the U.S.
DOT Public Access plan, resulting from scientific research funded either fully or partially by this
funding agreement. Contractor herein acknowledges that the above copyright license grant is first
in time to any and all other grants of a copyright license to such Publications and/or Digital Data
Sets, and that U.S. DOT shall have priority over any other claim of exclusive copyright to the same.
(f) Special Provision for Promoting Covid-19 Safety; Compliance with CDC Mask Order. (1) The
Contractor agrees that it will comply, and will require all subcontractors to comply with the Centers for
Disease Control and Prevention (“CDC”) Order of January 29, 2021, titled Requirement for Persons to Wear
Masks While on Conveyances and at Transportation Hubs (“CDC Mask Order”). One of the objectives of
the CDC Mask Order is “[m]aintaining a safe and operating transportation system.” Contractor agrees that
it will comply, and will require all subcontractors to comply, with the CDC Mask Order. (2) Enforcement for
non-compliance. The Contractor agrees that FTA may take enforcement action for non-compliance with the
CDC Mask Order, including: (i) Enforcement actions authorized by 49 U.S.C. § 5329(g); (ii) Referring the
Contractor to the CDC or other Federal authority for enforcement action; (iii) Enforcement actions
authorized by 2 CFR §§ 200.339 – .340; and (iv) Any other enforcement action authorized by Federal law
or regulation.
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EXHIBIT C
DRCOG Contractor Services Contract Addendum
Prohibition Against Employing Workers Without Authorization
Prohibition Against Employing Workers Without Authorization. Contractor shall not knowingly
employ or contract with a worker without authorization to perform work under this contract.
Contractor shall not enter into a contract with a subcontractor that fails to certify to the Contractor
that the subcontractor shall not knowingly employ or contract with a worker without authorization
to perform work under this contract.
Contractor will participate in either the E-verify program or the Department program, as defined
in C.R.S. § § 8-17.5-101(3.3) and 8-17.5-101(3.7), respectively, in order to confirm the
employment eligibility of all employees who are newly hired for employment to perform work under
the public contract for services. Contractor is prohibited from using the E-verify program or the
Department program procedures to undertake pre-employment screening of job applicants while
this contract is being performed.
If Contractor obtains actual knowledge that a subcontractor performing work under this contract
for services knowingly employs or contracts with a worker without authorization, Contractor shall:
Notify the subcontractor and DRCOG within three days that the Contractor has actual knowledge
that the subcontractor is employing or contracting with a worker without authorization; and
Terminate the subcontract with the subcontractor if within three days of receiving the notice
required pursuant to this paragraph the subcontractor does not stop employing or contracting with
the worker without authorization; except that the Contractor shall not terminate the contract with
the subcontractor if during such three days the subcontractor provides information to establish
that the subcontractor has not knowingly employed or contracted with a worker without
authorization.
Contractor shall comply with any reasonable request by the Department of Labor and
Employment made in the course of an investigation that the Department is undertaking pursuant
to the authority established in C.R.S. Section 8-17.5-102(5).
If Contractor violates a provision of this Agreement required pursuant to C.R.S. Section 8-17.5-
102, DRCOG may terminate the contract for breach of contract. If the contract is so terminated,
the Contractor shall be liable for actual and consequential damages to DRCOG.
This Exhibit does not apply to the following types of contracts: (1) intergovernmental agreements;
(2) agreements for information technology services or products and services; or (3) agreements
relating to the offer, issuance, or sale of securities; (4) agreements for investment advisory
services or fund management services; (5) any grant, award, or contract funded by any federal
or private entity for any research or sponsored project activity of an institution of higher education
or an affiliate of an institution of higher education that is funded from moneys that are restricted
by the entity under the grant, award, or contract, pursuant to C.R.S. § 8-17.5-101(6)(b).
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Pre-Contract Certification in Compliance with C.R.S. Section 8-17.5-102(1)
The undersigned hereby certifies as follows:
That at the time of providing this certification, the undersigned does not knowingly employ or
contract with a worker without authorization; and that the undersigned will participate in the E-
Verify program or the Department program, as defined in C.R.S. § § 8-17.5-101(3.3) and 8-17.5-
101(3.7), respectively, in order to confirm the employment eligibility of all employees who are
newly hired for employment to perform under the public contract for services.
Contractor:
__________________________
By_________________________
Title:_______________________
___________________________
Date
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EXHIBIT D
E-VERIFY FEDERAL CONTRACTOR RULE
EMPLOYMENT ELIGIBILITY VERIFICATION
(a) Definitions. As used in this clause—
Commercially available off-the-shelf (COTS) item—
(1) Means any item of supply that is—
(i) A commercial item (as defined in paragraph (1) of the definition at 2.101);
(ii) Sold in substantial quantities in the commercial marketplace; and
(iii) Offered to the Government, without modification, in the same form in which it is sold in
the commercial marketplace; and
(2) Does not include bulk cargo, as defined in section 3 of the Shipping Act of 1984 (46 U.S.C.
App. 1702), such as agricultural products and petroleum products. Per 46 CFR 525.1(c)(2),
“bulk cargo” means cargo that is loaded and carried in bulk onboard ship without mark or count,
in a loose unpackaged form, having homogenous characteristics. Bulk cargo loaded into
intermodal equipment, except LASH or Seabee barges, is subject to mark and count and,
therefore, ceases to be bulk cargo.
Employee assigned to the contract means an employee who was hired after November 6, 1986,
who is directly performing work, in the United States, under a contract that is required to include the clause
prescribed at 22.1803. An employee is not considered to be directly performing work under a contract if the
employee—
(1) Normally performs support work, such as indirect or overhead functions; and
(2) Does not perform any substantial duties applicable to the contract.
Subcontract means any contract, as defined in 2.101, entered into by a subcontractor to furnish
supplies or services for performance of a prime contract or a subcontract. It includes but is not limited to
purchase orders, and changes and modifications to purchase orders.
Subcontractor means any supplier, distributor, vendor, or firm that furnishes supplies or services to
or for a prime Contractor or another subcontractor.
United States, as defined in 8 U.S.C. 1101(a)(38), means the 50 States, the District of Columbia,
Puerto Rico, Guam, and the U.S. Virgin Islands.
(b) Enrollment and verification requirements.
(1) If the Contractor is not enrolled as a Federal Contractor in E-Verify at time of contract award,
the Contractor shall—
(i) Enroll. Enroll as a Federal Contractor in the E-Verify program within 30 calendar days
of contract award;
(ii) Verify all new employees. Within 90 calendar days of enrollment in the E-Verify
program, begin to use E-Verify to initiate verification of employment eligibility of all new hires of the
Contractor, who are working in the United States, whether or not assigned to the contract, within 3
business days after the date of hire (but see paragraph (b)(3) of this section); and
(iii) Verify employees assigned to the contract. For each employee assigned to the contract,
initiate verification within 90 calendar days after date of enrollment or within 30 calendar days of
the employee’s assignment to the contract, whichever date is later (but see paragraph (b)(4) of this
section).
(2) If the Contractor is enrolled as a Federal Contractor in E-Verify at time of contract award, the
Contractor shall use E-Verify to initiate verification of employment eligibility of—
(i) All new employees.
(A) Enrolled 90 calendar days or more. The Contractor shall initiate verification of
all new hires of the Contractor, who are working in the United States, whether or not
assigned to the contract, within 3 business days after the date of hire (but see paragraph
(b)(3) of this section); or
(B) Enrolled less than 90 calendar days. Within 90 calendar days after enrollment
as a Federal Contractor in E-Verify, the Contractor shall initiate verification of all new hires
of the Contractor, who are working in the United States, whether or not assigned to the
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contract, within 3 business days after the date of hire (but see paragraph (b)(3) of this
section); or
(ii) Employees assigned to the contract. For each employee assigned to the contract, the
Contractor shall initiate verification within 90 calendar days after date of contract award or within
30 days after assignment to the contract, whichever date is later (but see paragraph (b)(4) of this
section).
(3) If the Contractor is an institution of higher education (as defined at 20 U.S.C. 1001(a)); a State
or local government or the government of a Federally recognized Indian tribe; or a surety performing under
a takeover agreement entered into with a Federal agency pursuant to a performance bond, the Contractor
may choose to verify only employees assigned to the contract, whether existing employees or new hires.
The Contractor shall follow the applicable verification requirements at (b)(1) or (b)(2), respectively, except
that any requirement for verification of new employees applies only to new employees assigned to the
contract.
(4) Option to verify employment eligibility of all employees. The Contractor may elect to verify all
existing employees hired after November 6, 1986, rather than just those employees assigned to the
contract. The Contractor shall initiate verification for each existing employee working in the United States
who was hired after November 6, 1986, within 180 calendar days of—
(i) Enrollment in the E-Verify program; or
(ii) Notification to E-Verify Operations of the Contractor’s decision to exercise this option,
using the contact information provided in the E-Verify program Memorandum of Understanding
(MOU).
(5) The Contractor shall comply, for the period of performance of this contract, with the requirements
of the E-Verify program MOU.
(i) The Department of Homeland Security (DHS) or the Social Security Administration
(SSA) may terminate the Contractor’s MOU and deny access to the E-Verify system in accordance
with the terms of the MOU. In such case, the Contractor will be referred to a suspension or
debarment official.
(ii) During the period between termination of the MOU and a decision by the suspension
or debarment official whether to suspend or debar, the Contractor is excused from its obligations
under paragraph (b) of this clause. If the suspension or debarment official determines not to
suspend or debar the Contractor, then the Contractor must reenroll in E-Verify.
(c) Web site. Information on registration for and use of the E-Verify program can be obtained via the
Internet at the Department of Homeland Security Web site: http://www.dhs.gov/E-Verify.
(d) Individuals previously verified. The Contractor is not required by this clause to perform additional
employment verification using E-Verify for any employee—
(1) Whose employment eligibility was previously verified by the Contractor through the E-Verify
program;
(2) Who has been granted and holds an active U.S. Government security clearance for access to
confidential, secret, or top secret information in accordance with the National Industrial Security Program
Operating Manual; or
(3) Who has undergone a completed background investigation and been issued credentials
pursuant to Homeland Security Presidential Directive (HSPD)-12, Policy for a Common Identification
Standard for Federal Employees and Contractors.
(e) Subcontracts. The Contractor shall include the requirements of this clause, including this paragraph (e)
(appropriately modified for identification of the parties), in each subcontract that—
(1) Is for—(i) Commercial or noncommercial services (except for commercial services that are part
of the purchase of a COTS item (or an item that would be a COTS item, but for minor modifications),
performed by the COTS provider, and are normally provided for that COTS item); or (ii) Construction;
(2) Has a value of more than $3,000; and
(3) Includes work performed in the United States.
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ATTACHMENT A
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ATTACHMENT B
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ATTACHMENT C
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ATTACHMENT AProposed Improvements - 5 curb ramp replacements - 5 crosswalk re-paints - 4-8 Flashing Beacon Posts - 1925 LF of SidewalkDocuSign Envelope ID: 84B72348-A20F-4BEE-9AC5-365CB2A44BCDPage 187 of 330
Conceptual Pedestrian Traffic Control Plan - General Notes Malley Senior Recreation Center Pedestrian Improvements · Contractor shall maintain access to all adjacent properties · Contractor may close parking lanes adjacent to proposed work · Contractor shall not encroach on travel lanes · Where multiple driveways access a property, contractor shall maintain full access to at least one driveway · Where only one driveway exists (rear MSRC Parking lot, rear driveway for 125 Hampden Ave), contractor shall construct in two phases to maintain access · Will coordinate with RTD to relocate bus stops during construction; contractor to provide info sign about relocation o Will recommend to RTD that Girard Ave stop be shifted one block west o Will recommend to RTF that Lincoln St stop be shifted one block east to S Sherman SATTACHMENT BDocuSign Envelope ID: 84B72348-A20F-4BEE-9AC5-365CB2A44BCDPage 188 of 330
Conceptual Pedestrian Traffic Control Plan - Phase 1 Malley Senior Recreation Center Pedestrian Improvements o t Malley Senior Recreation Center Work Zone Girard Ave Pedestrian Detour Lincoln St Pedestrian Detour RTD Bus Stops Page 189 of 330
Conceptual Pedestrian Traffic Control Plan - Phase 2 Malley Senior Recreation Center Pedestrian Improvements o o Work Zone Girard Ave Pedestrian Detour Lincoln St Pedestrian Detour Proposed Temporary RTD Bus Stops Page 190 of 330
Conceptual Pedestrian Traffic Control Plan - Phase 3 Malley Senior Recreation Center Pedestrian Improvements Work Zone Girard Ave Pedestrian Detour Lincoln St Pedestrian Detour RTD Bus Stops Page 191 of 330
Conceptual Pedestrian Traffic Control Plan - Phase 4 Malley Senior Recreation Center Pedestrian Improvements Work Zone Girard Ave Pedestrian Detour Lincoln St Pedestrian Detour RTD Bus Stops Page 192 of 330
1000 Englewood Parkway, Englewood, Colorado 80110; (303)762-2500
www.englewoodco.gov
Communications Plan
Malley Senior Recreation Center Pedestrian Improvements
The city is experienced with engaging with public to inform and solicit feedback and infrastructure
projects. The Public Works Department regularly collaborates with the city’s Communications
Department to utilize multiple tools for public outreach efforts. Below is a summary of the tools the city
will use to inform the public of the Malley Senior Recreation Center (MSCR) Pedestrian Improvements.
Since this project will not change the nature of how the public uses the public Right-of-Way, these
efforts will focus on notification of the project and do not include gathering feedback on the design.
Public Outreach Efforts
Englewood Engaged Webpage
The city’s project manager will coordinate with the city’s communication department to develop an
Englewood Engaged Project Webpage. Englewood Engaged is a public engagement platform the city has
been successfully using for multiple projects for about two years. The platform provides a hub for the
city’s major projects and programs, and is continuing to become more well-know and popular with
residents. The webpage will provide- at a minimum- to any interested party an overview of the project,
the project limits, the project schedule, and the contact information of the city’s project manager. The
webpage will be developed early in the design phase and will updated when any changes to the scope of
the project may occur.
ATTACHMENT CDocuSign Envelope ID: 84B72348-A20F-4BEE-9AC5-365CB2A44BCD
Page 193 of 330
1000 Englewood Parkway, Englewood, Colorado 80110; (303)762-2500
www.englewoodco.gov
Postcard
Shortly prior to construction, the city will send postcards to residents of the area near the project. The
postcard will notify the residents of the upcoming construction, summarize the construction impacts,
and direct interested residents to the Englewood Engaged webpage. An example of a similar postcard
previously sent out by the city can be seen below.
Social Media Post
Shortly prior to construction, the city will send create a social media post to notify citizens of the
upcoming construction, inform them of what to expect during construction, and inform them of the
project goals.
RTD Coordination
The city will coordinate with RTD during the design phase of the project and look to leverage their
existing rider notification procedures and tools to inform riders that regularly use the on-site bus stops.
The city will inform RTD of any changes in scope or schedule so RTD can plan their service and rider
notification accordingly.
MSCR Coordination
The city’s project manager will make direct contact with Parks, Recreation, Library & Golf Department
leadership as well as the day-to-day management at the MSCR. The project manager will provide
DocuSign Envelope ID: 84B72348-A20F-4BEE-9AC5-365CB2A44BCD
Page 194 of 330
1000 Englewood Parkway, Englewood, Colorado 80110; (303)762-2500
www.englewoodco.gov
information on the project goals, project schedule, and the construction impacts to the area. The
project manager will work with the MSCR management to avoid impacting any large events held at the
MSCR.
DocuSign Envelope ID: 84B72348-A20F-4BEE-9AC5-365CB2A44BCD
Page 195 of 330
IGA for Malley Senior Recreation Center
Pedestrian Improvements
October 17, 2022
Tim Hoos –Deputy Director of Public Works –Engineering and Asset Management
Page 196 of 330
Project Purpose
•Improve sidewalk and crosswalks near
the Malley Senior Recreation Center
Page 197 of 330
Project Location
Page 198 of 330
Intergovernmental Agreement
Federal Transit Administration (FTA) 5310 Funds
Federal funds distributed through DRCOG
Page 199 of 330
Financial Implications
Funding Source Funding Amount
City Share $ 55,000.00
DRCOG/FTA Grant $ 220,000.00
Total $ 275,000.00
Project Expense Cost
Design Support $ 50,000.00
Construction Cost $ 225,000.00
Total $ 275,000.00 Page 200 of 330
Schedule
Design is scheduled to be completed in February 2023
Construction is scheduled to be completed in August 2023
Page 201 of 330
Summary
Staff recommends City Council approve the Intergovernmental Agreement with
DRCOG for the Malley Senior Recreation Center Pedestrian Improvements
Page 202 of 330
COUNCIL COMMUNICATION
TO: Mayor and Council
FROM: Darren Hollingsworth
DEPARTMENT: Community Development
DATE: November 7, 2022
SUBJECT: Resolution adopting the Economic Development Strategic Plan
DESCRIPTION:
Resolution adopting the Economic Development Strategic Plan
RECOMMENDATION:
Staff recommends approval of a resolution adopting the Englewood Economic Development
Strategic Plan.
PREVIOUS COUNCIL ACTION:
The consulting team from Economic and Planning Systems, Inc. (EPS) presented an overview
of the strategic planning process and received council feedback at the May 9, 2022 city council
study session. The draft strategic plan was presented to city council at the October 10, 2022
study session with support from council to move forward with a resolution to adopt the plan.
SUMMARY:
The Community Development Department retained EPS to prepare an Economic Development
Strategic Plan for the city. The purpose of the plan is to identify and articulate economic
development policies and to guide the allocation of economic development resources over the
next five to ten years. It also recommends roles for the city and its economic development
partner organizations to implement the recommended strategies.
ANALYSIS:
The plan defines the role of the city in economic development in broad terms, incorporating
traditional functions such as business development, retention and recruitment, and marketing,
along with place-based economic development, which is focused on the importance of the
quality of place. This approach emphasizes that the quality of the city as a place to live and
work is key to business attraction and retention.
The plan includes a summary of current economic conditions and trends; a review of
Englewood's existing economic development plans and programs; and an analysis of strengths,
weaknesses and opportunities.
The strategies in the plan outline recommended economic development initiatives and actions
to be implemented by the city and its economic development partners. Since the initial review
by council on October 10, 2022, the plan has been updated to include the following: 1) Action
Plan Metrics for the city and the key economic partners. 2) Recommendations for retail and
Page 203 of 330
commercial tenanting strategies to address vacant spaces. 3) Strengthening the Diversity
Equity and Inclusion (DEI) section of the Economic Development Strategic Plan.
COUNCIL ACTION REQUESTED:
Staff recommends approval of a resolution adopting the Englewood Strategic Economic
Development Plan.
FINANCIAL IMPLICATIONS:
The strategic plan does not specifically propose any immediate programs or services that are
not already funded in the Community Development Department budget. Longer term programs
and staffing levels identified in the plan would be addressed through future budget
appropriations, subject to council authorization.
CONNECTION TO STRATEGIC PLAN:
The Economic Development Strategic Plan is consistent with the economy portion of the City of
Englewood Strategic Plan, and it identifies specific opportunities to implement these strategies.
ATTACHMENTS:
Resolution
Economic Development Strategic Plan
Page 204 of 330
1
RESOLUTION NO. ____
SERIES OF 2022
A RESOLUTION ADOPTING THE ECONOMIC DEVELOPMENT
STRATEGIC PLAN
WHEREAS, the City of Englewood (the “City”) has retained Economic and Planning
Systems to prepare a comprehensive Economic Development Strategic Plan (the “Plan”) to serve
as a ten-year guide to position the City on a continued path of a resilient, sustainable and vibrate
economy that allows people of all backgrounds and incomes to live, work, visit and thrive in the
City; and
WHEREAS, strategic planning is a disciplined effort to produce fundamental decisions
and actions that shape and guide what an organization is, what it does and why it performs the
services and/or programs it does; and
WHEREAS, there are numerous benefits to strategic planning, including: organizations
can increase effectiveness and efficiency, improve understanding through better learning, make
better decisions, enhance organizational capabilities, improve communications and public
relations as well as increase political support; and
WHEREAS, in connection with direction provided by City Council, City staff and
Economic and Planning Systems have prepared the Plan to define the role of the City in economic
development; and
WHEREAS, the Plan includes recommended economic development initiatives and
actions to be implemented by the City and its economic development partners in order to position
the City on a continued path of a resilient, sustainable and vibrate economy that allows people of
all backgrounds and incomes to live, work, visit and thrive in the City; and
WHEREAS, the Plan is consistent with the economy goals section of the City of
Englewood Strategic Plan and identifies specific opportunities to implement these strategies; and
WHEREAS, the City Council has reviewed the proposed Plan including the strategic goals
and strategic initiatives, as outlined in the attached documents.
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 approves the
adoption of the “Economic Development Strategic Plan,” attached hereto.
Section 2. The Mayor, Mayor Pro Tem (in the Mayor’s absence), and/or City staff are
hereby granted the authority to take all actions necessary to implement the provisions of Section 1
above.
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2
ADOPTED AND APPROVED this 7th day of November, 2022.
Othoniel Sierra, Mayor
ATTEST:
Stephanie Carlile, City Clerk
I, Stephanie Carlile, City Clerk for the City of Englewood, Colorado, hereby certify the
above is a true copy of Resolution No. ____, Series of 2022.
Stephanie Carlile
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Final Report
Economic Development Strategic
Plan
Prepared for:
City of Englewood, Colorado
Prepared by:
Economic & Planning Systems, Inc.
EPS #213174
October 27, 2022
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Table of Contents
Introduction ................................................................................... 1
Purpose ............................................................................................. 1
What is Economic Development? ........................................................... 1
The Englewood Context ....................................................................... 2
Plan Organization ................................................................................ 2
Englewood City Profile ..................................................................... 3
Demographics and Housing .................................................................. 3
Englewood Economy............................................................................ 5
Englewood Commercial Real Estate ....................................................... 8
Comparison Communities................................................................... 11
Economic Development Structure ................................................... 17
Englewood Economic Development ...................................................... 18
Economic Development Programs ........................................................ 21
Peer City Economic Organizations ........................................................ 25
Strengths/Weaknesses/Opportunities .............................................. 31
Public Input and Outreach .................................................................. 31
Strengths and Weaknesses................................................................. 32
Opportunities ................................................................................... 34
Strategies and Actions ................................................................... 37
Vision Statement .............................................................................. 37
Strategies and Actions ....................................................................... 37
Action Plan................................................................................... 53
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List of Tables
Table 1. Population and Housing Units, 2010-2021 ................................................ 3
Table 2. Housing Tenure Trends, 2010-2021 ......................................................... 3
Table 3. Housing Units by Type, 2010-2021 .......................................................... 4
Table 4. Household Demographics, 2010-2021 ...................................................... 4
Table 5. Englewood Age Distribution, 2010-2021 ................................................... 5
Table 6. Wage and Salary Jobs by Industry, 2010-2019 ......................................... 6
Table 7. Commercial Real Estate Metrics, 2021 ..................................................... 9
Table 8. Commercial Real Estate Inventory Trends, 2010-2021 ............................. 10
Table 9. Comparison Community Size, 2021 ....................................................... 11
Table 10. Population Trend Comparison, 2010-2021 .............................................. 11
Table 11. Household Income and Housing Price Comparison ................................... 12
Table 12. Demography Trend Comparison, 2010-2021 ........................................... 14
Table 13. Job Growth Comparison, 2010-2019 ...................................................... 15
Table 14. Three Largest Industries by Community, 2019 ........................................ 15
Table 15. Commercial Real Estate Comparison, 2021 ............................................. 16
Table 16. Regional and Other Partner Organizations .............................................. 24
Table 17. Peer City Economic Development Programs ............................................ 26
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List of Figures
Figure 1. Change in Jobs by Major Industry Group, 2010-2019 ................................. 6
Figure 2. Number of Business by Size, Englewood (80110 and 80113 Zip Codes) ........ 7
Figure 3. Housing Tenure Comparison, 2021 ........................................................ 12
Figure 4. Housing by Type Comparison, 2021 ....................................................... 13
Figure 5. Population by Age Comparison, 2021 ..................................................... 13
Figure 6. Englewood Community Development Organization Chart .......................... 18
Figure 7. Englewood DDA Boundary .................................................................... 20
Figure 8. Economic Development Organizational Structure ..................................... 47
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213174_Final Englewood EDS 10-27-22 1
Introduction
Purpose
This Economic Development Strategic Plan was prepared for the City of Englewood
to guide the City’s economic development programs, policies, and allocation of
resources for the next 5 to 10 years. It also recommends roles for the City and its
economic partner organizations to implement the recommended strategies.
What is Economic Development?
Economic development uses policies, strategies, and actions to grow and sustain
an economy. Economic development builds personal wealth, supports businesses,
and strengthens a local government’s tax base needed to fund services and
community infrastructure. There is no single right approach to economic
development. Communities use the approach best suited to their needs and their
economic context, and many use elements of several approaches. The three main
economic development approaches are summarized below.
• Recruitment and marketing – Business recruitment and marketing is what
many people associate with economic development. This approach allocates
resources to marketing a place to prospective firms and often competing with
other places to recruit them. It requires a large budget for incentives
programs, travel, and event and conference attendance.
• Business support and retention – This approach prioritizes supporting and
growing local businesses. The emphasis is on growing from within the
community’s assets rather than attracting businesses from outside.
• Place-based economic development – Place-based economic development
is a broad approach that recognizes the importance of community
infrastructure in creating an environment that attracts businesses:
neighborhoods, housing, schools, clean and safe streets, transportation, and
physical infrastructure.
Many communities use elements of all three approaches based on their needs and
current opportunities. This Plan recommends a balance of all three approaches,
with the most emphasis on local business support, infill and redevelopment, and
place-based economic development.
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Economic Development Strategic Plan
2
The Englewood Context
Englewood is a first ring suburb adjacent to the City and County of Denver on its
northern border. Englewood, like its neighbors, is largely built out with few large
vacant development sites. Englewood has a mix of pre- and post-World War II
development ranging from compact single family neighborhoods to low density
automobile-oriented commercial corridors including South Broadway and
Hampden Avenue.
Englewood’s development pattern is important to consider in this Economic
Development Strategic Plan. Communities with more “greenfield” sites and
capacity to grow are often more active in recruiting and incentivizing major
employers and retailers. In contrast, communities with fewer large development
opportunities shift their approach to business support and retention.
Redevelopment also becomes important in the absence of large greenfield
development sites. Redevelopment sites offer opportunities to shift the existing
development pattern and economy to support its growth and evolution.
A theme that was repeated in the public outreach for this Plan was Englewood’s
small-city character with nearby big city amenities. Businesses noted that
Englewood is small enough where a small business can have a positive impact on
the community, and business owners and employees can feel like they are part of
the community. At the same time, the City is big enough and centrally located,
making it a desirable place to run a business because of the access to customers.
Plan Organization
This economic development strategic plan is divided into six chapters including
this Introduction.
1. Introduction
2. City Profile – A summary of demographic and economic trends in
Englewood and a set of comparison communities.
3. Current Economic Development Structure – Describes the
organizations involved in economic development in Englewood.
4. Strengths/Weaknesses/Opportunities – Summarizes public and
business input that informs the recommended strategies and actions.
5. Strategies and Actions – Provides recommended strategies and actions
for the City and its partners.
6. Action Plan – Lists a set of action items prioritized into short range (0-2
years), medium range (3-5 years), and long range (6-10+ years) time
periods. Lead and partner organizations are also suggested for each action.
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213174_Final Englewood EDS 10-27-22 3
Englewood City Profile
This chapter provides an overview of economic and demographic conditions in
Englewood, presented in three major sections: demographics and housing,
economy, and commercial real estate. The data includes statistics from 2010
through 2021 for an evaluation of current conditions and long-term trends.
Demographics and Housing
In 2021, Englewood had 33,784 residents and 17,175 housing units as shown in
Table 1. Since 2010, Englewood added about 3,300 people or 302 per year at an
annual rate of 0.9 percent. The City added just over 1,500 housing units during
the same time period at a pace of approximately 140 per year, which was also a
0.9 percent annual growth rate.
Table 1. Population and Housing Units, 2010-2021
The demographic characteristics of the population are changing gradually due to
an increase in renter households. In 2010, the housing stock was almost equally
divided among renters and owners. Since 2010, the City grew by approximately
1,300 renter households and 530 owner households changing the distribution of
housing tenure to 46.8 owners and 53.2 percent renters, as shown in Table 2.
Table 2. Housing Tenure Trends, 2010-2021
Englewood 2010 2021 Total Ann. #Ann. %
Population 30,460 33,784 3,324 302 0.9%
Housing Units 15,609 17,175 1,566 142 0.9%
Source: U.S. Census; ESRI Business Analyst; Economic & Planning Systems
Z:\Shared\Projects\DEN\213174-Englewood Economic Development Strategy\Models\[E&D (version 1).xlsx]T-Sum
2010-2021
Housing Tenure Trends 2010 2021 Total Annual Ann. %
Housing Units
Owner Occupied 7,065 7,597 532 48 0.7%
Renter Occupied 7,310 8,651 1,341 122 1.5%
Total Occupied Units 14,375 16,248 1,873 170 1.1%
Percent of Total
Owner Occupied 49.1%46.8%-2.4%- -
Renter Occupied 50.9%53.2%2.4%- -
Total 100%100%- - -
Source: U.S. Census; ESRI Business Analyst; Economic & Planning Systems
Z:\Shared\Projects\DEN\213174-Englewood Economic Development Strategy\Models\[E&D.xlsx]T-Tenure (3)
2010-2021
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Economic Development Strategic Plan
4
More diverse types of housing are being built in Englewood than in the past. In
2010, 60 percent of the housing stock was single family detached homes, 35
percent was multifamily and about 5.4 percent were in single family attached
units (townhomes) and mobile homes, as shown in Table 3. New housing units
from 2010 through 2021 were comprised of 59 percent single family detached, 35
percent multifamily, and 6.5 percent attached single family (townhomes and
mobile homes). This construction pattern reflects the infill environment of the city
where land values are increasing, and higher densities are needed to make
housing development feasible.
Table 3. Housing Units by Type, 2010-2021
In 2010, the median household income in Englewood was $42,416, the median
home value was $213,800, and the average household size was 2.07 as shown in
Table 4. From 2010 through 2021 household income increased by 3.4 percent
annually to $61,589. During this period, median home value grew by over two-
fold, increasing from $213,800 to $435,852. Housing became more expensive
compared to household income during this time. The percentage of income
devoted to mortgage payments increased from 21 percent in 2010 to 30 percent
in 2021. Note that these income figures are demographic statistics and differ from
program qualifying incomes published by HUD and the Colorado Housing Finance
Authority (CHFA).
Table 4. Household Demographics, 2010-2021
Housing by Type 2010 % Total 2021 %Total Total Annual Ann. %
Single Family Residence 9,383 60.1%10,088 58.7%705 64 0.7%
Attached (2-4 Units)675 4.3%913 5.3%238 22 2.8%
Multifamily 5,403 34.6%5,971 34.8%568 52 0.9%
Mobile Homes 148 0.9%203 1.2%55 5 2.9%
Source: U.S. Census; Economic & Planning Systems
Z:\Shared\Projects\DEN\213174-Englewood Economic Development Strategy\Data\T-Htype
2010-2021
``
Household Statistics 2010 2021 Total Annual Ann. %
Median Household Income $42,416 $61,589 $19,173 $1,743 3.4%
Median Home Value $213,800 $435,852 $222,052 $20,187 6.7%
Household Size 2.07 2.08 ------
Percent of Income for Mortgage 21%30%------
Source: U.S. Census; ESRI Business Analyst; Economic & Planning Systems
Z:\Shared\Projects\DEN\213174-Englewood Economic Development Strategy\Models\[E&D (version 1).xlsx]T-HH (2)
2010-2021
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5
Englewood’s population is aging slightly, with an increase in the median from 37.2
to 39.1 from 2010 through 2021 as shown in Table 5. The population in most age
groups under 55 decreased while the population over 55 increased.
Table 5. Englewood Age Distribution, 2010-2021
Englewood Economy
Available job data lags the demographic data presented above by two years. In
2019, Englewood had approximately 24,980 wage and salary jobs (not including
sole proprietors), as shown in Table 6 and Figure 1. From 2010 through 2019,
2,900 jobs were added in the City at an annual rate of 1.4 percent.
Retail, Leisure, and Hospitality sectors had the largest amount of growth, adding
1,176 jobs. This is an industry often comprised of small businesses. Construction
was the next largest growth sector, adding just under 1,000 jobs. Wholesale
Trade, Transportation, and Utilities added 677 jobs and Education and Health
Services added just over 600 jobs but remained the largest sector by far.
Professional and Business Services was the only industry with major losses
between 2010 and 2019, shrinking by almost 600 jobs related to the relocation of
First Data Corporation from Englewood to the Meridian Business Park on County
Line Road in Douglas County.
Age Range 2010 2021 Change
Median Age 37.2 39.1 1.9
0-4 6.4%5.4%-1.0%
5-9 4.7%5.2%0.5%
10-14 4.4%4.8%0.4%
15-24 12.5%10.8%-1.7%
25-34 18.8%17.2%-1.6%
35-44 13.8%14.8%1.0%
45-54 15.6%12.4%-3.2%
55-64 11.3%13.1%1.8%
65-74 5.5%8.9%3.4%
75-84 4.1%4.5%0.4%
85+ 2.8%2.8%0.0%
Source: ESRI, Economic & Planning Systems
Z:\Shared\Projects\DEN\213174-Englewood Economic Development Strategy\Models\[E&D .xlsx]T-Age2
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6
Table 6. Wage and Salary Jobs by Industry, 2010-2019
Figure 1. Change in Jobs by Major Industry Group, 2010-2019
Jobs by Industry 2010 2019 Total Ann. #Ann. %
Education and Health Services 6,704 7,308 604 67 1.0%
Retail, Leisure, and Hospitality 3,308 4,484 1,176 131 3.4%
Professional and Business Services 4,301 3,729 -572 -64 -1.6%
Construction 2,359 3,358 999 111 4.0%
Wholesale Trade, Transportation, and Utilities 1,840 2,517 677 75 3.5%
Manufacturing 2,306 2,344 38 4 0.2%
Financial Activities 967 1,149 182 20 1.9%
Information 118 80 -38 -4 -4.2%
Natural Resources and Mining 94 9 -85 -9 -22.9%
Government 49 2 -47 -5 -29.9%
Total Jobs*22,046 24,980 2,934 326 1.4%
*Work Area metrics
Source: U.S. Census; ESRI Business Analyst; Economic & Planning Systems
Z:\Shared\Projects\DEN\213174-Englewood Economic Development Strategy\Models\[E&D.xlsx]T-JobsOcc
2010-2019
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7
Most business in Englewood are small. As shown in Figure 2, 86 percent of
businesses are under 20 employees. These data reinforce the recommendations
that the economic development focus should be on business support and
retention, and fostering business startups.
Figure 2. Number of Business by Size, Englewood (80110 and 80113 Zip Codes)
52.8%
18.3%14.8%9.0%2.9%2.0%0.2%
0
200
400
600
800
1,000
1,200
1,400
Less than 5
employees
5 to 9
employees
10 to 19
employees
20 to 49
employees
50 to 99
employees
100 to 249
employees
250 to 499
employees
Number of Firms by Size, Zip Codes 80110 and 80113, Englewood,
2021
Source: US Census;Economic & Planning Systems
[link to source]
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Economic Development Strategic Plan
8
Englewood Commercial Real Estate
Industrial property makes up the largest amount of nonresidential development
by building area in Englewood with 7.8 million square feet, which is more than
twice the space of all other categories as shown in Table 7. Within the industrial
category, warehouse space accounts for most of the total square footage in
Englewood, with 5.3 million square feet. Industrial rents are approximately
$11.00 per square foot with tenants paying all operating expenses in most cases.
The supply of space is tight as exhibited by the 3.7 percent vacancy rate.
Englewood’s industrial space dates largely from the 1950s through 1970s and has
many buildings that are becoming functionally obsolete by modern standards.
Despite their advancing age, these buildings have a role as they are lower cost
than new space and still can meet the needs of small firms. Englewood is not
competitive with the types of large high ceiling new warehousing facilities being
built in east Denver and Aurora, nor is it recommended that Englewood pursue
these types of businesses. Industrial properties with low value and low
employment density (few employees on a large site) are increasingly under
pressure for redevelopment to housing. As discussed in the recommended
strategies, the City should identify where industrial space should be preserved
and develop business retention strategies for those areas.
Retail is the next largest category of space with approximately 3.1 million square
feet. Freestanding retail buildings make up the largest amount of space with
749,392 square feet, mostly comprised of big- and mid-box stores in the
CityCenter and Hampden Avenue areas. Storefront space makes up 570,235
square feet in smaller buildings, and there are approximately 170,100 square feet
of restaurant space. Retail vacancies are higher, averaging 12.2 percent,
influenced by the vacancies primarily along Englewood Parkway and to a lesser
extent the vacancies along Broadway south of Hampden. Retail rents average
$23.40 per square foot.
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Table 7. Commercial Real Estate Metrics, 2021
Office space comprises approximately 2.1 million square feet of the nonresidential
retail estate inventory. Within the office space sector, medical office accounts for
39 percent of the inventory or almost 800,000 square feet. There are another
45,000 square feet of office live/work and loft/creative office space in the
inventory. The average vacancy rate is 12.3 percent for all office space and rents
average $21.05 per square foot. Loft/creative space has higher vacancies, at 33.3
percent but represents a small amount of space.
Average Sqft.
Englewood Total Sqft.Building Size Per Capita Vacancy Rate Average Rent
Industrial 7,753,133 16,254 229 3.7%$11.12
Manufacturing 1,662,537 26,815 49 5.6%$11.02
Warehouse 5,258,112 13,910 156 3.5%$11.04
Other 832,484 22,500 25 2.7%$12.10
Retail 3,091,411 8,222 92 8.6%$23.54
Restaurant 170,091 10,005 5 12.2%$23.40
Storefront 570,235 5,879 17 7.4%$22.26
Freestanding 749,392 9,029 22 11.2%$24.06
Other 1,601,693 8,948 47 7.8%$24.05
Office 2,031,759 14,723 60 12.3%$21.05
Medical 795,587 24,862 24 14.9%$25.99
Loft/Creative Space 29,670 9,890 0.9 33.3%$21.11
Office Live/Work Unit 14,650 2,093 0.4 14.3%$18.70
Other 1,191,852 12,415 35 10.7%$19.60
Source: Costar, Economic & Planning Systems
Z:\Shared\Projects\DEN\213174-Englewood Economic Development Strategy\Models\[E&D (version 1).xlsx]T-RE2
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Most of the growth in nonresidential space over the last decade has been in retail,
as shown in Table 8. From 2010 through 2021, retail space grew by 134,000
square feet while office space grew by only 42,000 square feet. The amount of
industrial space declined as properties were redeveloped into transit-oriented
development (TOD) housing near Oxford Station.
Table 8. Commercial Real Estate Inventory Trends, 2010-2021
Description 2010 2015 2021 Total Ann. #
Industrial 9,193,466 9,179,062 9,120,763 -72,703 -6,609
Manufacturing 1,723,810 1,723,810 1,682,541 -41,269 -3,752
Warehouse 6,513,220 6,497,516 6,473,986 -39,234 -3,567
Retail 3,061,133 3,136,523 3,195,559 134,426 12,221
Restaurant 1,310,540 1,308,283 1,310,604 64 6
Storefront 1,458,202 1,454,172 1,454,172 -4,030 -366
Freestanding 1,873,872 1,884,316 1,900,681 26,809 2,437
Office 1,952,873 1,899,895 1,994,854 41,981 3,816
Medical 689,216 676,886 771,485 82,269 7,479
Source: Costar, Economic & Planning Systems
Z:\Shared\Projects\DEN\213174-Englewood Economic Development Strategy\Data\CoStar\[Englewood Office Historical.xlsx]Sheet12
2010-2021
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Comparison Communities
This section provides demographic and economic data to compare Englewood to
five other suburban cities in Metro Denver: Arvada, Golden, Littleton, Northglenn,
and Wheat Ridge listed in Table 9. Golden, Northglenn, and Wheat Ridge are
similarly sized while Littleton is adjacent to Englewood to the south. Each are
mature communities with little remaining vacant land.
Table 9. Comparison Community Size, 2021
Demographics
Each community is growing slowly as they are mature landlocked areas, with
annual growth rates under 1.0 percent except for Arvada as shown in Table 10.
Arvada has growth areas on its west side but is also adding residential density to
the Old Towne Arvada area in redevelopment projects. Englewood and Golden had
the highest growth rates, except for Arvada, at 0.9 percent per year. Englewood
and Littleton are however growing at about the same pace.
Table 10. Population Trend Comparison, 2010-2021
Total Housing
City Units
Englewood 30,460 17,175
Arvada 124,956 50,983
Golden 20,775 8,275
Littleton 46,673 21,847
Northglenn 36,822 14,489
Wheat Ridge 31,895 15,425
Source: U.S. Census; ESRI Business Analyst; Economic & Planning Systems
Z:\Shared\Projects\DEN\213174-Englewood Economic Development Strategy\Models\[E&D (version 1).xlsx]T-Div
Total
Population
City 2010 2021 Total Ann. #Ann. %
Englewood 30,460 33,784 3,324 302 0.9%
Arvada 107,649 124,956 17,307 1,573 1.4%
Golden 18,903 20,775 1,872 170 0.9%
Littleton 42,560 46,673 4,113 374 0.8%
Northglenn 35,597 36,822 1,225 111 0.3%
Wheat Ridge 29,852 31,895 2,043 186 0.6%
Source: U.S. Census; ESRI Business Analyst; Economic & Planning Systems
Z:\Shared\Projects\DEN\213174-Englewood Economic Development Strategy\Models\[E&D (version 1).xlsx]T-Pop
2010-2021
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As of August 2022, the median single family home price in Englewood was
$617,500, as shown in Table 11. Home prices are similar in Englewood, Arvada,
Littleton, all of which are in the low to mid $600,000 range. The median price in
Wheat Ridge is just over $700,000 and highest in Golden at $900,000. Each of
these communities are located west of I-25 and in Jefferson County, except for
Englewood which is in Arapahoe County. Northglenn has the lowest home prices,
with a median of $489,980.
Table 11. Household Income and Housing Price Comparison
Englewood has the highest percentage of renter households, at 53 percent, while
Arvada has the lowest percentage at 29 percent as shown in Figure 3. Wheat
Ridge is most similar to Englewood in housing tenure with approximately 50
percent renters and 50 percent owners. Golden and Northglenn are also similar to
each other with about 45 percent renters and 55 percent owners although Golden
is influenced by the student population at Colorado School of Mines.
Figure 3. Housing Tenure Comparison, 2021
Figure 4 below shows the distribution of housing types in each community in the
following categories: single family detached Homes, single family attached homes
(duplexes and townhomes), multifamily (apartments, condos), and other (mobile
homes and other types).
Income and Housing Prices Englewood Arvada Golden Littleton Northglenn Wheat Ridge
Median Household Income $61,589 $93,607 $73,290 $84,602 $68,039 $62,742
Household Size 2.08 2.50 2.25 2.23 2.76 2.16
Median Sale Price (Aug. 2022)$617,500 $649,900 $900,000 $687,000 $489,950 $705,000
Home Price : Income Ratio 10.0 6.9 12.3 8.1 7.2 11.2
Source: Denver Metro Assoc. of Realtors; ESRI Business Analyst; Economic & Planning Systems
Z:\Shared\Projects\DEN\213174-Englewood Economic Development Strategy\Models\[E&D (version 1).xlsx]T-HH
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
Englewood Arvada Golden Littleton Northglenn Wheat Ridge
Housing Tenure, 2021
Owner Occupied Renter Occupied
Source: Economic & Planning Systems
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The housing stock mix in each community is similar, with Englewood, Golden,
Littleton, Northglenn and Wheat Ridge having approximately 60 to 65 percent
single family detached homes and 35 to 40 percent single family attached and
multifamily, and other unit types including mobile homes. Arvada stands out as
having the least diverse housing stock, with nearly 80 percent single family
detached as shown in Figure 4. Having a diverse mix of housing is important in
providing opportunities for people at different wage and income levels needed to
fill local jobs.
Figure 4. Housing by Type Comparison, 2021
Having an available labor force is important to filling jobs. Englewood and Northglenn
have the highest percentage of their population in the core working ages of 25 to
44 years, at just over 30 percent as shown in Figure 5. The 45- to 64-year-old
age group comprises approximately 25 percent of the population in each area as
well. Englewood is aging however, as the median age increased from 37.2 to 39.1.
Figure 5. Population by Age Comparison, 2021
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
Englewood Arvada Golden Littleton Northglenn Wheat Ridge
Share of Housing Types, 2021
Single Family Attached (2-4)Multifamily Other
Source: Economic & Planning Systems
[link to source]
0.0%
5.0%
10.0%
15.0%
20.0%
25.0%
30.0%
35.0%
Englewood Arvada Golden Littleton Northglenn Wheat Ridge
Population by Age, 2021
Children (0-14)Teen/Young Adult (15-24)Early/Mid Career (25-44)
Mid/Late Career (45-64)Seniors (65+)
Source: Economic & Planning Systems
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Englewood has the most diverse population of the communities west of I-25 and
in the south and west Metro Denver area. In Englewood, the non-white population
and Hispanic and Latino population makes up 30 percent of the population as
shown in Table 12. Northglenn is the most diverse with 55 percent white non-
Hispanic and 45 percent all other races. Each community has become more
diverse since 2010. In Englewood, the non-white population grew by 5 percent.
These data inform the need for policies on increasing business opportunities for
the non-white population.
Table 12. Demography Trend Comparison, 2010-2021
Economy
Each community experienced job growth from 2010 through 2019. Englewood and
Littleton are the most similar, with a 13.0 percent increase in jobs since 2010 as
shown in Table 13. Littleton has a larger economy than Englewood, with 31,700
jobs compared to 24,980. The communities that experienced the most job growth
were Arvada, Golden, and Northglenn with approximately 20 to 30 percent
increases in jobs. These three communities had more available land during this
time period to support attracting larger employers and new retail development.
The slower growth in built out communities highlights the importance of infill and
redevelopment to grow the economy.
City 2010 2021 % Change
Englewood
White Non-Hispanic 75%70%-5%
All Other Races and Ethnicities 25%30%5%
Arvada
White Non-Hispanic 89%80%-9%
All Other Races and Ethnicities 11%20%9%
Golden
White Non-Hispanic 84%82%-2%
All Other Races and Ethnicities 16%18%2%
Littleton
White Non-Hispanic 82%79%-3%
All Other Races and Ethnicities 18%21%3%
Northglenn
White Non-Hispanic 61%55%-6%
All Other Races and Ethnicities 39%45%6%
Wheat Ridge
White Non-Hispanic 74%71%-3%
All Other Races and Ethnicities 26%29%3%
Source: U.S. Census; ESRI Business Analyst; Economic & Planning Systems
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2010-2021
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Table 13. Job Growth Comparison, 2010-2019
Healthcare is a large economic base industry in the suburban communities in
Metro Denver, following a trend of hospitals moving out of central urban cores to
follow their patient bases and to expand their facilities. Healthcare is among the
three largest industries in five of the six communities, as shown in Table 14.
Retail trade is also among the three largest industries, which is common as jobs
in suburban areas are often concentrated in retail and personal services and less
concentrated in manufacturing and professional and business services which
locate in major employment nodes (e.g., South I-25) and central business
districts (e.g., Downtown Denver). Construction/ building trades is the second
largest sector in Englewood, and the third largest in Arvada and Wheat Ridge.
Golden is the only community in which manufacturing is among the top three
industries, due to the presence of Coors brewing, which is classified as
manufacturing, and other small precision manufacturing firms.
Table 14. Three Largest Industries by Community, 2019
Description Englewood Arvada Golden Littleton Northglenn Wheat Ridge
Total Jobs 2019 24,980 30,856 21,133 31,712 13,456 18,696
Job Growth 13.3%33.4%22.2%12.7%19.8%12.6%
Population Growth 10.6%14.4%11.0%9.5%4.7%6.4%
Source: U.S. Census; ESRI Business Analyst; Economic & Planning Systems
Z:\Shared\Projects\DEN\213174-Englewood Economic Development Strategy\Models\[E&D (version 1).xlsx]T-JobComp
Healthcare 6,582 26.3%Retail Trade 5,313 17.2%Manufacturing 3,918 18.5%
Construction 3,358 13.4%Accom. & Food Svcs 4,060 13.2%Public Admin.3,644 17.2%
Retail Trade 2,781 11.1%Construction 3,505 11.4%Healthcare 1,935 9.2%
Total Jobs 24,980 100.0%Total Jobs 30,856 100.0%Total Jobs 21,133 100.0%
Healthcare 4,363 13.8%Retail Trade 1,947 14.5%Healthcare 5,693 30.5%
Retail Trade 4,280 13.5%Food & Service 1,625 12.1%Retail Trade 2,362 12.6%
Finance & Ins.4,027 12.7%Healthcare 1167 8.7%Construction 2,153 11.5%
Total Jobs 31,712 100.0%Total Jobs 13,456 100.0%Total Jobs 18,696 100.0%
Source: LEHD On The Map; Economic & Planning Systems
Z:\Shared\Projects\DEN\213174-Englewood Economic Development Strategy\Data\[213174 Largest Industry Table.xlsx]T-Ind
Northglenn Wheat Ridge
Englewood Arvada Golden
Littleton
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Commercial Real Estate
This section contains commercial real estate statistics for Englewood and its
comparison cities to compare the size and performance of the major real estate
types.
Each community has relatively small office markets, with 1.7 million to 3.5 million
square feet of space, except Northglenn which has only 625,000 square feet as
shown in Table 15. Englewood has the highest office vacancy rate at 13.0
percent, compared to under 10.0 percent in the other areas except Northglenn.
Englewood and Arvada have the largest retail markets, with 3.1 million and 3.45
million square feet, respectively. Littleton’s retail market is only slightly smaller
with 2.8 million square feet. As one of the largest retail markets, Englewood’s
overall vacancy rate is healthy at under 10.0 percent. Vacant space however is
not distributed evenly across Englewood. The newer space in CityCenter has high
vacancies, and there are also areas of vacancy on South Broadway south of
Hampden. Englewood Marketplace on Hampden Avenue and Englewood Plaza on
Englewood Parkway are high visibility shopping centers with above average
vacancy rates.
Englewood, Golden, and Arvada have the largest industrial markets with 7.8
million square feet in Englewood, 8.3 million in Golden, and 5.0 million in Arvada.
Golden has the lowest vacancy rate at 0.3 percent, followed by Englewood at 3.7
percent indicating that industrial space is in high demand.
Table 15. Commercial Real Estate Comparison, 2021
2021 Real Estate Metrics Englewood Arvada Golden Littleton Northglenn Wheat Ridge
Office
Total Sf.2,031,759 1,762,053 2,238,216 3,469,895 624,829 1,730,484
Average Vacancy Rate 13.0%7.6%4.9%9.1%11.1%7.8%
Retail
Total Sf.3,091,411 3,450,556 955,085 2,806,935 722,121 1,317,815
Sf. Per Capita 92 28 46 60 20 41
Average Vacancy Rate 8.8%10.7%8.1%10.3%14.5%7.4%
Industrial
Total Sf.7,753,133 5,036,831 8,317,131 1,951,267 1,168,721 2,827,148
Average Vacancy Rate 3.7%7.9%0.3%9.3%4.3%4.9%
Flex
Total Sqft.593,060 1,116,803 1,798,737 2,269,818 85,977 696,216
Average Vacancy Rate 6.2%3.3%7.5%3.6%0.0%6.3%
Source: Costar, Economic & Planning Systems
Z:\Shared\Projects\DEN\213174-Englewood Economic Development Strategy\Models\[E&D & RE.xlsx]T-RE
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Economic Development Structure
This chapter describes the organizational structure and partnerships providing
economic development in the City of Englewood, as well as the programs and
services provided by each organization. Other peer city economic development
programs and structures are also described to compare and contrast the range of
approaches used.
In most markets, a city partners with other public and private organizations in
order to promote economic development opportunities. The core areas of
economic development generally include:
• Business retention and expansion;
• New business development;
• Business recruitment and marketing;
• Providing economic and market data; and
• Workforce development.
Economic development is a partnership between the public and private sectors.
There is no one right or best organizational structure. The roles and
responsibilities of the economic development partners should reflect the
capabilities and strengths of the economic development partners in each market.
The major players generally include:
• City
• Chamber of Commerce
• Economic development corporation and/or other partners
• Other districts and authorities
• Regional economic development entities marketing the larger region.
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Englewood Economic Development
Englewood’s economic development programs are led by the City and supported
by a core group of local economic development organizations: the Greater
Englewood Chamber of Commerce and the Englewood Downtown Development
Authority as described below.
City of Englewood
Within the City, economic development functions are managed by the Economic
Development Division of the Community Development Department. Community
Development also includes the Redevelopment, Planning, Building, and Housing
Divisions as shown in Figure 6.
Economic Development
Economic Development is comprised of one full time Economic Development
Manager and an economic development coordination and administrative position.
Economic Development’s main functions are:
• Acting as a liaison between businesses and other City departments and a
resource to assist with City and other programs.
• Reaching out to businesses and property owners to assist with business
retention as needed.
• Supporting business attraction and business retention functions, largely
through the City’s business grant and incentives programs, and making
businesses aware of programs.
• Connecting interested businesses to support resources (training, grants, loan
programs).
• Convening and facilitating the City’s relationships with 12 economic
stakeholders and regional economic partners.
Figure 6. Englewood Community Development Organization Chart
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Redevelopment
Redevelopment is a division within the Community Development Department. It is
staffed by the Chief Redevelopment Officer who focuses on implementing the
City’s redevelopment priorities including identified catalyst sites, the most
prominent and imminent of which is the proposed CityCenter redevelopment
project. The City’s selected development team, led by SKB Development and
Tryba Architects, envisions a 24-acre redevelopment including approximately 1.3
million square feet of mixed-used development in six new buildings and one
redeveloped building, civic uses, new streets, green spaces and public gathering
areas, structured parking, and 150 on-street parking spaces.
Redevelopment is also facilitating joint planning meetings between Swedish Medical
Center and Craig Hospital. Both facilities have current building and campus
expansion projects under construction, and future plans for continued growth.
Englewood Downtown Development Authority
The Englewood Downtown Development Authority (EDDA) is a special district
approved by district property owners in November 2020. The EDDA’s mission is to
act as a champion for Downtown Englewood, and to implement the Englewood
Downtown Plan through economic development, placemaking, marketing,
mobility, parking, urban design and maintenance activities. The district
encompasses a large area of the central business district and is comprised of
three distinct subareas as described below and shown in Figure 7.
• CityCenter – The CityCenter area opened in 2000 on the site of the former
Cinderella City Mall and is focused on transit oriented development adjacent to
the RTD light rail station. The CityCenter subarea includes the Englewood Civic
Center, Walmart, the ArtWalk apartments, additional commercial and retail
development along Englewood Parkway, and the Englewood Marketplace and
Englewood Plaza shopping centers.
• South Broadway – The South Broadway district includes the historic
downtown core along Broadway from Old Hampden to Eastman Avenue, and
adjacent commercial development in the downtown core district
approximately two blocks to the east and west.
• Wellness District – This district is a regional health and wellness hub
anchored by the City’s two large medical institutions, Swedish Medical Center,
and Craig Hospital that is surrounded by numerous restaurants, medical
office, and mixed density residential developments.
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Figure 7. Englewood DDA Boundary
The EDDA is funded through sales and property tax increment financing (TIF)
generated by increases in assessed value within the district. The EDDA works
closely with the City and other community partners to implement Downtown
projects and programs. In 2021, the district's voters approved a $70 million debt
authorization, which will enable the EDDA to finance projects in the area over the
course of its 30-year lifespan. The EDDA expects to provide a significant
investment in the CityCenter redevelopment, in addition to other public
investments in the South Broadway and Wellness Districts.
Greater Englewood Chamber of Commerce
The Chamber of Commerce is a private member-based organization established in
1984 to promote business interests in the community, and to encourage
networking and best practice sharing. The Chamber is a trusted voice of
businesses and partner with the City and EDDA. It has two part-time staff and an
annual budget of $80,000. About 20 percent of the budget is derived from
memberships and most of the remainder from events including a service
agreement with the City to host four annual events, which are open to all
Englewood businesses regardless of membership status.
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Aurora South Metro Small Business Development Center
The Aurora South Metro SBDC is the local SBDC for the south Denver metro area
including the City of Englewood. SBDCs provide confidential business counseling
and low- or no-cost training to people interested in starting a business or
improving their existing business. The Aurora South Metro SBDC can also help
businesses connect with lenders for SBA loans ($125,000 to $5.0 million) and
smaller microfinance loans up to $50,000. SBDCs are part of a national program
run by the US Small Business Administration (SBA), funded with federal and state
matching funds plus funding from local partners.
The City of Englewood has a contract with the Aurora South Metro SBDC to
provide business planning, counseling, and other support services to individuals
and companies wanting to start and open a business in the city. Individuals and
companies seeking a Business Initiation Grant or Business Acceleration Grant are
required to prepare a business plan that the SBDC assists in completing.
Economic Development Programs
Englewood Economic Development administers five grant and incentive programs
and provides other business support services described in this section.
Grants and Incentives
Tier 1 Programs
Tier 1 programs are the highest priority and most frequently used, followed by the
Tier 2 and Tier 3 programs.
• Business Initiation Grant (BIG) – The BIG program provides up to $5,000
for startup costs to qualified small businesses. The money must be spent on
permanent capital improvements so that the investment stays in Englewood.
The City budgets approximately $50,000 to $75,000 annually for this program.
• Business Acceleration Grant (BAG) – The BAG program provides grants up
to $10,000 for capital investments for small business expansion costs. The
City generally awards about 12 to 15 BIG and BAG grants per year.
• Small Business Training Grant – This a grant that businesses can use to
offset the cost of training classes. The maximum grant is $500 and will cover
the cost of registration for classes and training offered through Aurora South
Metro SBDC and other qualified providers.
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Tier 2 Programs
• Primary Employer Incentive – This is a City tax or building fee rebate of up
to $25,000 via staff approval intended to incentivize primary employers to
locate in the city. A primary employer is a company or firm that derives most
of its sales/income from outside the local region. Rebates can be offered on
construction use tax and permit fees. Incentives that exceed $25,000 require
the approval of the Englewood City Council.
• South Metro Enterprise Zone – Englewood’s economic development staff
manages the South Metro Enterprise Zone that provides businesses with State
of Colorado tax credits for a variety of investments, including job creation,
capital equipment purchases, health insurance, job training, and vacant
building rehabilitation.
Direct Business Support Services (Tier 3)
The direct business support services provided by the City are summarized below.
• Commercial/Industrial Site Selection – Assists new or prospective
businesses to identify space in existing buildings or land for new buildings
within Englewood. Maintains relationships with property owners and brokers to
monitor market conditions and property status.
• Business Training/Workshops – Refers businesses to the Aurora South
Metro or US SBDC for training resources. Also collaborates with the Aurora
South Metro SBDC to host local training events.
• Quarterly Real Estate Reports – Prepares a quarterly snapshot of real
estate market conditions and trends in Englewood with metro Denver
comparisons.
• Custom Data Reports – Upon request, provides reports to businesses on
population growth, consumer spending, traffic counts, and other site selection
factors.
Other Resources
The City also promotes and refers businesses to other programs and resources.
• Colorado Brownfields Revolving Loan Fund – This is a loan program
available to finance the cleanup and remediation of contaminated Brownfield
properties.
• Economic Partners– Represents Englewood with and refers businesses to
other resources with the City’s economic partners.
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Regional and Other Economic Partners
In addition to the EDDA, the Chamber and the SBDC, there are nine other
economic partners that the City works with and uses for specific resources, listed
in Table 16. The most direct partnership is with Arapahoe/Douglas Works! (A/D
Works!). The City and A/D Works! partner to host job fairs, and to connect
employers with training and apprenticeship program funding.
It is important for the City to be involved with other economic development
organizations (EDOs) such as the South Metro Denver Chamber of Commerce, the
Denver South Economic Development Partnership, and the Metro Denver EDC.
Engagement with these groups helps keep the City current on emerging trends and
opportunities in the area. The City and representatives of each of these groups
provide mutual outreach and updates about potential business opportunities.
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Table 16. Regional and Other Partner Organizations
Organization Type Role Structure
Mi Casa Resource Center Small business
support
• Business support
• Small business training
• Focus on women from disadvantaged backgrounds
• Nonprofit organization
Manufacturers Edge Small business
support
(manufacturing)
• Business support
• Technical and best practices support for small and
medium sized manufacturers
• Local branch of Hollings
Manufacturing Extension Partnership
(MEP) through the National Institute
of Standards and Technology (NIST)
A/D Works! Workforce
development
• Workforce development/training
• Job and employee search
• Federal job programs
• Labor market data
• Local branch of statewide Workforce
Development Centers funded by
State Dept. of Labor and Federal
Gov’t.
Arapahoe Community College Workforce
development
• Associates and bachelor’s degree, and certificate
programs
• Apprenticeships
• Board includes private industry representatives to
align courses with market demand
• Nonprofit community college
South Metro Denver Chamber
of Commerce
Regional EDO • Marketing, recruitment, business retention
• Legislative advocacy
• Networking
• Membership organization
• South Metro area: Englewood and
Hampden Ave. to Castle Pines
including Arapahoe and Douglas
County governments
Denver South Economic
Development Partnership
Regional EDO • Marketing and recruitment for South I-25 and
South Metro Denver
• Administer South I-25 Transportation Management
Area and SPIMED metropolitan district
infrastructure funding
• Private membership organization
engaged in regional economic
development and transportation
planning
Metro Denver Economic
Development Corporation
Regional EDO • Marketing and recruitment for Metro Denver region
• 70 county, city, and economic development group
members
• Economic data, market research
• Legislative advocacy
• Nonprofit funded by member
governments and EDOs
Colorado Office of Economic
Development and International
Trade (including Minority
Business Office)
Regional/State
EDO
• Promote State of Colorado and targeted industries
• Administer statewide grant and incentive programs
• Administers Enterprise Zone at State level
• State agency
US Small Business
Administration
Federal agency • Loan programs (SBA 7 and 504)
• Microfinance loans (under $50,000) through local
lending partners (CDFIs)
• Supports local SBDCs
• Federal agency Page 234 of 330
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Peer City Economic Organizations
Cities in Colorado and elsewhere follow different organizational structures to
provide economic development services. The approaches used in seven peer cities
are summarized in Table 17 and profiled below with a focus on identifying
successful programs and services that may be applicable to Englewood’s program.
Littleton
Littleton has an Economic Development Department that leads local economic
development efforts. The department focuses on opportunities to enhance the
City’s tax base and diversify revenue sources that are compatible with its small-
town character by focusing on attracting and retaining businesses and drawing
visitors for shopping, entertainment, arts, and culture. Its major programs include
business retention and attraction; a database of available commercial properties;
an economic development plan; and economic analysis and research. The
department has reorganized in response to the approval of its Envision Littleton,
the new 20-year comprehensive plan. The City is also placing greater reliance on
fiscal sustainability in its economic development initiatives and has developed a
fiscal and financial model for evaluating projects and investments. It is also
encouraging the formation and implementation of a DDA in downtown.
The City has four full time economic development staff including a director, two
economic development specialists, and a business operations manager. The
department’s annual budget is approximately $500,000, with about one-half
devoted to salaries and approximately $100,000 available for incentives.
Littleton partners with other economic development agencies and community
organizations including the Littleton Business Chamber of Commerce, Denver
South Economic Development Partnership, South Metro Denver Chamber of
Commerce, and A/D Works!.
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Table 17. Peer City Economic Development Programs
City Economic Development Lead Key Partners Staff Budget Core Functions
Englewood City Community Development • EDDA
• Aurora South Denver SBDC
• Englewood Chamber of Commerce
1.5 $160,000
not incl.
personnel
• Business retention and expansion
• New business development
• Business recruitment and marketing
• Providing economic and market data; and
• Workforce development
Littleton City Economic Development Department • Littleton Business Chamber of Commerce
• Denver South EDC
• South Metro Denver Chamber
• Arapahoe/Douglas WORKS
4.0 $500,000 • Business retention and attraction
• Commercial property database
• Economic development plan
• Economic data and analysis
Golden City (Economic Development Division) • DDA
• Golden URA
• Jeffco EDC
1.5 $350,000 • Small business assistance
• Primary employer attraction
Loveland City Economic Development Department • Innosphere tech incubator
• Warehouse Business Accelerator
4 $3.5M • Business creation and expansion
• Primary employer recruitment
• Visitor and tourism marketing
• Economic incentives
Louisville City Economic Development Department • Downtown Business Association
• Louisville Chamber of Commerce
• Boulder SBDC
2 $383,000 • Balance of business retention and
attraction
• New development needs to have positive
fiscal balance
Centennial City Manager's Office - Economic
Development Team
• Denver South EDC
• South Metro Denver Chamber of Commerce
• Metro Denver EDC
• Aurora South Metro SBDC
• Arapahoe/Douglas WORKS
4 $1.0M • Works with local businesses
• Recruits employers to the city
• Manages redevelopment
Castle Rock Economic Development Council (EDC) • Town
• Castle Rock DDA
4 $1.0M • Attracting and retaining employers
• Property and building database
• Economic and demographic statistics
• Economic incentives, gap financing
Arvada Arvada Economic Development Association • City
• Arvada Urban Renewal Authority
• Olde Town BID
4 +/-
$700,000
• Business retention and expansion
• Annual business survey
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Golden
The City of Golden has a City-led economic development program through its
Community and Economic Development Department. The department was
organized in 2012 in order to integrate the City’s land use, community and
neighborhood planning, economic development and vitality, and sustainability
programs. The divisions in the department specialize in working with community
interests to achieve community goals in Golden Vision 2030, the City’s
comprehensive plan and primary guiding vision for its future development.
The Economic Development Division administers and implements small business
assistance programs and primary employment attraction and retention efforts,
under the direction of the Golden Economic Development Commission. The
Commission has an 8-member board appointed by the city council. The division
has 1.5 staff and an annual budget of approximately $350,000.
Golden’s Economic Development Department partners with the Jefferson County
Economic Development Corporation (Jeffco EDC) on regional economic
development initiatives. Jeffco EDC focuses on the recruitment of primary
industries to the County and its incorporated cities.
On the local level, the Golden Urban Renewal Authority (GURA) addresses place-
based improvements and redevelopment activities in three urban renewal areas.
Within the downtown area, the Golden Downtown Development Authority (GDDA)
supports the economic and community vitality of the downtown area funded by
sales and property tax TIF, as well as a 5.0 mill downtown property tax. It
provides the following programs: holiday lighting, streetscape improvements;
grants for small businesses, arts and culture, and special events; and TIF
financing incentives to eligible redevelopment projects.
Loveland
Loveland’s economic development programs are under direction of the City’s
Economic Development Department. The department’s mission is “to grow
employment and business opportunities to sustain the economic health of
Loveland and the northern Colorado region.” The economic development team
includes a director, two business development specialists, and an administrative
assistant. The City’s visitor services, visitor center, and tourism marketing are
also contained in the department and include four additional staff. The total
department budget is approximately $3.1 million, which includes about $1.0
million in salaries and $1.0 million in economic incentives.
Economic development services include programs and support for starting a
business, expanding a business, and moving a business to Loveland. The
department also provides a database on available properties, economic data,
business support services, and strategic plans and incentives policy. The City
partners with other regional economic development organizations including
Innosphere, a nonprofit regional energy technology incubator in Fort Collins, and
Warehouse Business Accelerator, a nonprofit that partners with advanced
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manufacturing firms that are going through the growing pains and strategic
changes that come with scaling up. Loveland also has a DDA that is very active in
supporting Downtown development.
Louisville
Louisville’s economic development efforts are under the direction of the City’s
Economic Vitality Department. The City’s overall economic development goal is to
promote a thriving business climate that provides job opportunities, facilitates
reinvestment, and produces reliable revenue to support City services.
Louisville takes a balanced approach to economic development between business
retention and business attraction. It has a relatively diverse economic base with a
mix of regional and community-oriented retail, professional office, and industrial
and technology industries. Similar to Englewood, the City has key retail and
industrial properties slated for redevelopment, including the vacant Sam’s Club
and Kohls, and the 200-acre former Storage Tech campus. The City is very
concerned about the fiscal impacts of growth and has taken a measured approach
to development proposals, turning down projects that do not demonstrate a
positive fiscal balance. It produces an Economic Vitality Strategic Plan and
evaluates the strategic actions and program initiatives against economic
prosperity key indicators or KPIs.
The Economic Vitality Department has a $384,000 budget in 2022 with two full
time staff, an increase of one over the previous year. The budget is largely
personnel with a small allocation of about $75,000 for services. Like other cities,
it provides links to economic development partners, which locally include the
Downtown Business Association, and Louisville Chamber of Commerce, and on a
regional scale the Boulder SBDC, OEDIT, and Metro Denver EDC.
Centennial
The Centennial economic development team is housed within the City Manager’s
office. Despite that lower outward profile, there are four full-time staff including a
director, senior economic developer, redevelopment specialist, and economic
development specialist, The economic development team has a budget of $1.0
million in 2022, which is nearly double $551,000 the previous year. About half of
the budget is consumed by personnel costs with a large pool of resources
dedicated to sales tax incentives and construction use tax incentives.
The relatively succinct website states that the City “works with local businesses
and regional partners to establish and maintain a vibrant and diverse local
economy.” It includes a four-minute video highlighting a number of the City’s
major employers and their technological innovations, large workforce, and major
redevelopment efforts. Its economic development partners include Denver South
EDC, South Metro Denver Chamber of Commerce, Metro Denver EDC, Aurora
South Metro SBDC, and A/D Works!.
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Castle Rock
The Castle Rock economic development program is led by the Castle Rock Economic
Development Council (CEDC) which is a nonprofit 401-C-4 corporation. The
CEDC’s primary roles are supporting existing businesses; attracting and retaining
employers; compiling a comprehensive property and building database; and
maintaining economic and demographic statistics on the town and larger region.
The CEDC works closely with the Castle Rock Downtown Development Authority
(DDA), which focuses on the CBD providing support to existing businesses,
maintaining and funding downtown improvements, managing downtown events,
and providing TIF as gap financing for infill and redevelopment projects.
The Town maintains an Economic Development Fund with an annual budget of
approximately $1.3 million. The primary revenue source is construction use tax
that generates a fluctuating revenue stream. The Town pays about $200,000 to
the EDC for economic development services and uses its remaining fund for
existing and future economic development incentive agreements.
Arvada
Similar to Castle Rock, Arvada economic development activities are led by a
nonprofit EDC, the Arvada Economic Development Association (AEDA). The
membership organization, which is supported by private support as well as a
financial contribution from the City, undertakes the following roles:
• Supports existing businesses
• Conducts an annual business survey
• Directs business recruitment efforts
• Provides financial incentives and grants
• Assists with site and building data and property searches
• Maintains an economic database
AEDA partners with several other economic development partners including Jeffco
EDC on regional economic development marketing, and more locally with the
Arvada Urban Renewal Authority (AURA) and Olde Town Business Improvement
District (BID) on local place-based initiatives.
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Conclusions
There is a great deal of commonality of economic development structures across
the region. Englewood is providing a similar set of programs and services,
although at a more modest level of staffing and funding that largely reflects the
size of the city and the fact that it is largely built out. It also provides a similar
suite of core services including supporting existing businesses, business
development, marketing, and maintaining economic and property databases.
Notable differences among the cities reviewed include the following:
• The level of financial investment in economic development generally reflects
the size of the city, and in particular the amount of undeveloped land available
for development.
• The various city’s economic development efforts are also a reflection of their
overall position on growth. Loveland, Centennial, Castle Rock, and Arvada
have more proactive efforts at business recruitment and have substantial
budgets for incentives. By contrast, Golden, Littleton, and Louisville are more
locally focused.
• In most of cities profiled, the city was the lead economic development entity,
either as its own department or as a section of division of a larger function
(e.g., community development or city manager’s office).
• Redevelopment activities play a strong role in the economic development
efforts in the places reviewed, either directly by the city or in partnership with
an urban renewal authority or downtown development authority.
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Strengths/Weaknesses/Opportunities
This section of the Plan summarizes the public and stakeholder input received that
help shape the recommended strategies.
Public Input and Outreach
The public input process consisted of several outreach efforts including one-on-
one interviews with economic development partners and other key stakeholders;
targeted business focus groups and workshops; and a web-based community
survey of residents and businesses.
Economic Partner Interviews – Interviews were conducted with the City’s key
economic development partners including key City staff, the EDDA, the Englewood
Chamber of Commerce, and Aurora South Metro SBDC. These interviews covered
the roles and responsibilities of each entity, the process and structure for
interaction and partnership, and identification of City strengths, weaknesses, and
opportunities. A key consideration is that the EDDA was newly established in 2021
and its relationships to the other economic development partners are still being
formalized.
Focus Groups and Workshops – The consultant team conducted two focus
groups with existing Englewood businesses, a workshop with Greater Englewood
Chamber of Commerce members, and a work session with City Council. These
sessions reviewed the purpose of the strategic plan, key issues, City economic
strengths, weaknesses, and opportunities for the future.
Other Stakeholder Interviews – Interviews were also conducted with key
employers, property owners, developers, and realtors active in the Englewood
market. These interviews focused on an assessment of their current and recent
interactions with the City’s economic development programs and initiatives and
identification of future opportunities.
Community Survey – The City posted a community survey on Englewood
Engaged to gain input to the Economic Development Strategic Plan. The survey
received 125 views and 45 completed surveys by Englewood residents and
businesses.
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Strengths and Weaknesses
The City’s economic strengths and weaknesses were compiled from the economic
and demographic analysis, comparative analysis of peer communities, and the
public and stakeholder engagement process. Based on this analysis, opportunities
for economic growth and program development are then identified.
Strengths
The most frequently mentioned theme was that after years of stagnation, the City
is growing again. The surge in new residential construction, including both
apartments and for-sale townhomes and houses, are adding new population and
household spending potential. Directly or indirectly related is the growth of new
businesses in the Downtown area along South Broadway and along Old Hampden
in the Wellness District.
The community survey responses were generally positive about this new housing
growth (with a few exceptions) and were overwhelmingly positive about the
growth of new restaurants, bars, coffee houses, brewpubs, and independent
boutique stores in the Downtown area. Many also noted that they would like the
area to become more like the successful neighborhood business districts in central
Denver like Old South Pearl, Old South Gaylord, and 38th and Tennyson.
The business community and stakeholders noted that Englewood’s strengths
included its central location with good transportation access, including Santa Fe,
Hampden/US-285, and RTD’s Light Rail D Line accessing Downtown Denver. They
also mentioned that although located close to the center city, Englewood
maintained its small-city character with easy access to business, community, and
governmental services.
Businesses that had interactions with the Economic Development office or its
partners generally had a positive experience, with many specifically mentioning the
City’s proactive Covid response and business support funding as especially helpful.
City services including police, fire, code inspection, utilities, and community
development received generally high marks as well. City staff were described as
accessible, helpful, and professional, and less bureaucratic than Denver.
In addition to the growing cluster of independent restaurants and specialty stores,
many recognized the importance of the two large medical institutions, Swedish
Medical Center and Craig Hospital in the Wellness District, as major contributors
to the City’s economic base.
A number of those interviewed in the real estate community mentioned the City’s
relatively affordable retail, office, and industrial space as a strength and a
marketing advantage over the City and County of Denver. Specifically, main
street retail spaces were available for rents in the low to mid-teen dollars per
square foot compared to the mid $20s per square foot in Denver. However, it was
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noted, that as more buildings are renovated, these rents are increasing. The
City’s largest office buildings, including Chase, Wells Fargo, and 750 West
Hampden, are all older and provide space for small businesses at rates much
more affordable than in Downtown Denver or the I-25 corridor.
The City’s older inventory of small and medium sized industrial buildings are also
affordable to new and emerging businesses, but it was also noted that the total
inventory was shrinking as some outmoded space was being redeveloped as
apartments.
The creation of the EDDA provides a new financing and placemaking entity to
assist in revitalizing the Downtown District, along with enhanced marketing and
maintenance programs.
Weaknesses and Challenges
The older retail, office, and industrial inventory can also be characterized as a
weakness, at least to the extent of a lack of available new or renovated higher
quality spaces. It was noted the City can potentially address this deficiency by
including new office space in the CityCenter redevelopment and encouraging
redevelopment of older sites in the CityCenter area and elsewhere in the city.
The most frequently mentioned weaknesses or challenges focused on the
condition of commercial space and infrastructure in two areas: the Broadway
corridor south of Hampden, and Englewood Parkway west of Broadway.
• South Broadway – The Broadway corridor south of Hampden transitions to a
post-World War II development pattern that is fragmented and auto
dominated with buildings set back from South Broadway with parking in front.
Although there are a notable number of new businesses, the area lacks a
critical mass and is still dominated by auto related uses, pawn shops, and
older motels. The area’s infrastructure is also deteriorated with poor quality
sidewalks, street crossings and landscaping leading to a perception of an
unsafe pedestrian environment.
• Englewood Parkway – The commercial shopping centers built in the latter
half of the 20th century west of Broadway including the increasingly vacant
retail space at CityCenter and the Englewood Plaza and Englewood
Marketplace shopping centers, contains older outmoded space with high
vacancies and excessive amounts of unused parking. The proposed CityCenter
redevelopment will be a major and important step toward revitalization, but it
will take several years to be implemented.
• South Broadway North of Floyd Ave. — Approximately north of Floyd
Avenue, South Broadway does not have the same level of streetscape
amenities, lighting, street trees and pedestrian safety facilities that the
historic 3400 block offers. However, new entertainment and food and
beverage uses are clustering on these blocks and should be supported with
these public amenities.
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Several businesses noted that although the City sponsored a number of
Downtown events, it is difficult for private event sponsors to secure required City
approvals for events. It is also reportedly difficult for businesses to bring a food
truck in to serve an outdoor performance or other event.
As noted above, the City received relatively high marks for its portfolio of
business support programs and grants through its partnerships with the SBDC
and the Chamber from those who were aware of their availability. However,
several new startups mentioned they were not aware of the grants available.
Opportunities
This section summarizes the key issues and opportunities to be addressed in the
Strategic Plan. To a large degree, the identified opportunities build on the City’s
strengths and address the identified weaknesses. These opportunities are grouped
into two categories, business support services and resources, and reinvestment
and placemaking.
Business Support Services and Resources
The business support services and resources are the core functions provided to
existing businesses and entrepreneurs engaged in establishing or growing
businesses. Based primarily on the public input, several opportunities for new or
expanded services were identified.
• The process for City permits for private events and for food trucks can be
streamlined and improved.
• The availability of business grants can be better promoted to aspiring
entrepreneurs interested in starting a business.
• The eligible use of BIG and BAG grant funds could be expanded to include
energy efficiency and fire suppression costs.
• The Economic Development Division can work with the EDDA and other
partners to support a new business incubator and/or artists facility in the
CityCenter area.
• The Economic Development website can be optimized to make it more visible,
rather than being nested within Community Development. It already contains
the key information needed by prospective businesses.
• The City may consider adding new economic development partners including
the Colorado Housing and Finance Authority (CHFA) to address the increasing
need for more affordable housing and agencies such as the Colorado
Enterprise Fund for small and minority-owned business lending.
• Another economic development opportunity would be to support Englewood
businesses that promote the brand of the City. Economic Development could
provide incentive grants to businesses that incorporate the City’s branding
programs into their own brand and/or advertising.
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•Targeted business retention efforts are needed to retain industrial businesses
that do not have a plan for succession when their owners retire.
•The Economic Development web page access can be improved to be reached
directly from a web browser inquiry rather than nested within the City’s
general website.
•The Economic Development web page could include a more informative list of
steps and contacts for individuals interested in starting a business as well as
companies interested in moving to Englewood.
Reinvestment and Placemaking
Many of the new opportunities are in the categories of reinvestment and
placemaking, including redevelopment, public improvements and public space
enhancements that improve the quality of Englewood as a place live, work, visit
and locate a business.
•The highest priority is the CityCenter redevelopment. The City is pursuing a
public-private partnership with the SKB/Tryba Architects team. CityCenter will
be a transformational project, with an economic impact estimated at $430 to
$660 million over 30 years (ArLand Land Use Economics, 2022).
•The City is also implementing a complete streets rebuild of Old Hampden from
Broadway through the Wellness District. This project will make the corridor
safer, more accessible and multimodal, and will further improve the potential
for redevelopment of adjacent land and buildings. A similar project is
recommended to be implemented on Broadway south of Hampden/US-285. In
both cases, the Public Works Department would be the lead agency for the City.
•The Wellness District is expected to grow substantially. There are approximately
1,600 residential units in the development pipeline, and over 200,000 square
feet of medical and medical office space either planned or under construction.
•The EDDA is also investing in the enhancement of existing, and creation of,
new public spaces and multimodal connections in the Downtown district,
including a full reconstruction of Old Hampden Avenue as a complete street.
For the above reinvestment and placemaking projects, Economic Development’s
role should be focused on helping existing businesses address the impacts on
operations during the construction period as well as assisting property owners
with marketing to attract new businesses to the revitalized corridors.
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Strategies and Actions
This chapter provides the recommended strategies and actions to support the
economic success of the City. It begins with an overarching vision statement
followed by supporting strategies and actions.
Vision Statement
Englewood is a community of connected neighborhoods and commercial areas
with a vibrant mix of businesses, and diverse business owners and workers. The
focus of Englewood’s economic development efforts is on retaining and supporting
existing businesses, but the City will also recruit larger businesses through
strategic opportunities.
Strategies and Actions
The Strategies and Actions identify the priority areas where the City should direct
its resources and staff time. They are organized into six major categories:
•Business Growth, Attraction, and Retention
•Business Support and Funding
•Placemaking and Land Use Policy
•Workforce Development
•Organization
•Diversity, Equity, and Inclusion (DEI) Strategies
Business Growth, Attraction, and Retention
Englewood has a growing and innovative food and beverage cluster that can serve
as an anchor and customer draw that can benefit other nearby businesses.
Englewood also has a unique mix of local independent retailers that would benefit
from more exposure.
In the post-pandemic environment, Englewood also has the potential to capture
more business that has traditionally gravitated to Downtown Denver by attracting
consumers on nights and weekends as more people are working from home.
1.Develop a marketing campaign to promote Englewood businesses and
Downtown to people in nearby communities.
A small investment in marketing could create more exposure for
Englewood businesses.
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2.Explore the feasibility and acceptance of cross marketing products and
services within Englewood businesses (selling each other’s products for
mutual benefit).
Work with the Chamber to explore business-to-business collaboration to
cross market complementary products among Englewood’s independent
retailers.
3.Support more private-led events that will draw people to Englewood to
visit businesses.
Businesses are interested in leading more events but have identified the
City’s permitting process as a constraint. The City should work with
businesses and the Chamber to identify the issues and propose
appropriate code and ordinance changes. The EDDA can dedicate funds to
support events produced by other parties in the Downtown district.
1.Support the networking events led by the Chamber; identify ways to reach
more sole proprietors and professionals working from their homes or small
offices in Englewood.
A growing number of people are starting businesses out of their homes in
Englewood, particularly professional sole proprietors according to
observations in the public outreach. Networking will help them identify
opportunities to collaborate and grow within Englewood, perhaps to a
brick-and-mortar location in a commercial district.
2.Support building coworking and other low-cost offices for sole proprietors
and small professional and creative firms in Englewood.
The initial coworking space projects in Englewood have been successful,
suggesting a good market for this product. Vacant commercial space along
Englewood Parkway may be suited to conversion to small office and
coworking space prior to the planned redevelopment of the area.
3.Support development of a new small business incubator in the CityCenter
area.
A business incubator can help small businesses and sole proprietors move
from concept into a growth phase. Unless run by a private or nonprofit
entity, a lead agency will need to be identified to fund and operate the
facility. The City currently does not have the capacity to operate a
business incubator.
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1. Look for ways to meet more hospital supply chain and service needs, as
well as clinical office, auxiliary services, and space for educational
programs in Englewood.
The hospitals can have an even larger economic impact on Englewood if
more supplies and services are sourced locally. The City can act as a
convener and meet periodically with hospital leaders and procurement
managers to determine if there are gaps that can be filled locally. In
addition, the City could connect hospital space needs for auxiliary services,
clinics, and educational programs with property owners.
Connecting minority-owned businesses with the hospitals’ procurement
and diversity, equity, and inclusion (DEI) offices can create new business
opportunities for small businesses and increase the local economic impact
of the City’s medical industry.
2. More branded “flag” hotels are needed in Englewood to capture hospital
patient family and visitor stays.
Hospital leaders and other stakeholders cited the lack of hotel space as
limiting the economic impact of the hospitals in Englewood. Attracting
hotels will also help support the local restaurants and retailers because
they are good places to promote local businesses through the front desk
and printed and digital marketing materials. Englewood also needs
meeting and conference spaces of a range of sizes to host community
events and professional and business gatherings.
3. Promote career fairs within Englewood Public Schools and Arapahoe
Community College (ACC) to build awareness of career paths with the
medical anchors and other local industries.
Health care workers and workers in other growing industries are in high
demand and there are numerous pathways that do not require advanced
degrees that can be promoted to people starting their careers. Partnerships
with local high schools and the community college can help build a pipeline
of skilled employees and inform students on local career options.
4. Conduct regular outreach to hospital leaders.
Staying in regular contact will help maintain a strong relationship with the
City and EDDA and anticipate any challenges where the City and/or EDDA
can assist. The Redevelopment division and other City departments already
engage with the hospitals regularly on expansion planning and construction.
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1.Ensure that considerations are made for larger primary employers in
major redevelopment sites and plans.
Englewood’s strongest real estate market segment is currently residential
development, and this momentum may motivate developers to focus on
residential development rather than employment-focused buildings. It will
be important to reserve portions of large redevelopment projects to
accommodate primary economic base jobs to support and sustain
economic diversity. Within CityCenter and the Downtown district, sites for
offices, medical uses, and R&D space should be identified.
2.Identify industrial areas and businesses for focused business retention
outreach.
A large portion of Englewood has industrial employment. Industrial jobs
can pay more than retail and food and beverage jobs, and the buildings
and business personal property can be an important part of the tax base.
Many business owners are reaching retirement age. Succession planning
can help the business continue under ownership by interested employees.
3.Develop a policy that provides guidance on industrial areas or land use
types that are suitable for redevelopment and that should be preserved.
Industrial areas on the east side of the Santa Fe corridor are experiencing
market pressure to redevelop into housing. Industrial development that
has high employment and high taxable value has the largest economic
contribution to the City. Industrial areas with low density land uses such
as outdoor storage and salvage yards have less of an economic
contribution and therefore more suitable for redevelopment. A future
update of the Englewood Forward Comprehensive Plan should analyze the
appropriate mix of industrial and residential development in this area.
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Business Support and Funding
Several major infrastructure projects are planned in Englewood that could cause
business disruption. Reconstruction of Old Hampden is anticipated in 2023. The
South Broadway bridge over US-285/Hampden Avenue is also planned to be
replaced. A corridor study of South Broadway is underway to examine ways to
improve traffic and transit operations, safety, and placemaking.
1. Establish the Economic Development division as a liaison between affected
businesses, Public Works, and construction contractors.
The Economic Development division can help represent businesses to
ensure that operational impacts are minimized.
The City’s BIG and BAG grant programs are popular and have a meaningful
impact on small businesses trying to fund startup or expansion costs. Some
adjustments to the current programs are proposed to increase their appeal and to
try to serve underrepresented people.
1. Continue the current grant and incentive programs and consider some
proposed modifications.
Add fire suppression and energy efficiency improvements as eligible
expenses. Add eligibility criteria for nonprofit organizations (including arts
and entertainment groups). Funds would still be limited to permanent
capital improvements, not operational costs.
2. Work with the Aurora South Metro SBDC to host an annual lender forum to
increase lender education and awareness of state and federal loan programs.
Stakeholder input suggested that more education is needed in the local
lending market on federal state loan programs for small businesses, and
the process of applying. Economic Development and the Chamber should
host an annual lender forum to increase knowledge of programs and how
to use them. The SBDC can bring in experts from the US SBA to educate
lenders on the loan products available and application process and
subsequent follow-up activities.
3. Work with the Aurora South Metro SBDC to increase deployment of micro
enterprise loans in Englewood, especially to minority-owned businesses.
The SBA 504 and 7(A) loan programs have a minimum loan amount of
$125,000. This is too large for very small businesses and people without
sufficient credit history or assets to use as collateral. Microlending can provide
much smaller loans, starting as low as $500. The purpose of these programs
is to assist with startup costs and to help entrepreneurs build credit.
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The SBDC is working with state and federal partners to implement new
loan programs targeted at traditionally underserved businesses and
people. There are also several organizations in Metro Denver that provide
microlending services including Colorado Enterprise Fund and Rocky
Mountain Micro Finance Institute that the City can contact. However, the
City may need to contribute funding to the organization to be eligible for
its services.
4. Increase access to small business lending in traditionally underserved
populations through increased outreach and promotion of available
programs.
Persons who identify as other than white make up approximately 30
percent of the population in Englewood, but they are underrepresented in
the current economic development programs and organizations. The City
should work with existing and new partners to broaden the exposure of
available programs to underserved populations. Identifying and
establishing relationships with local and regional minority business
advocacy groups, as well as larger established organizations will be
necessary. The Organization section of this Plan contains additional
recommendations on this topic.
5. Provide grants to businesses that incorporate “Englewood” as part of their
branding and/or advertising.
The City can leverage private sector efforts to promote Englewood
businesses by partnering with them and contributing to marketing costs.
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Placemaking and Land Use Policy
Cities with high quality infrastructure and public facilities, and a safe and
attractive public realm, are the most successful at attracting and retaining
business and entrepreneurial investment.
1.Improve the aesthetics and safety of the City’s arterial road corridors.
South Broadway south of Hampden Avenue is perceived by businesses and
residents to be disconnected from rest of Englewood. It has a lower
density and automobile centric development pattern, as Hamden Avenue
is the approximate boundary between pre- and post-war development in
the city. This area has not received a proportional amount of investment
and planning to improve the quality of the street and pedestrian
environment.
The City is implementing a complete streets rebuild of Old Hampden from
Broadway through the Wellness District. This project will make the corridor
safer, more accessible and multimodal, and will further improve the
potential for redevelopment of adjacent land and buildings. A similar
project is recommended to be implemented on Broadway south of
Hampden/US-285. In both cases, Public Works would be the lead agency
for the City.
2.Address gaps in the transportation system so that people with all abilities
can access businesses and services.
Similar to many cities in Metro Denver, Englewood has good public transit
service. However, the transit system is designed largely to move people at
the regional level. Additional work is needed to make the “last mile”
connection from the transit station or hub to a final destination, including
an assessment of future options for the Englewood Trolley service.
People with all ability levels use Englewood’s transportation system.
Transportation needs to be defined broadly to account for the needs of all
users, not just people in automobiles. Specific focus is needed on safety
and accessibility improvements in the Wellness District and between
CityCenter Station and the Wellness District.
3.Improve public perceptions of safety in Downtown and other commercial
areas of Englewood and create better outcomes for vulnerable populations.
Businesses and the public are reacting to a perceived decline in safety
related to the presence of people experiencing homelessness, drug
addiction, and physical and mental health issues. The City is implementing
the Tri-City Homeless Action Plan in partnership with Arapahoe County, All
Health Network, Allied Universal Security and the EDDA. Programs include
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co-responding of police with service providers, outreach services to people
in need, enhanced maintenance, Crime Prevention through Environmental
Design and private security in the CityCenter area.
During the public outreach process, businesses noted the positive impacts that
growth in housing and the expansion of Swedish and Craig Hospitals have had on
business. These observations confirm the economic principles that a growing
population increases the local spending available to local businesses. Englewood
has limited opportunities to grow on undeveloped land. Therefore, support for
redevelopment will allow its economy to grow and evolve with changing markets.
1. Support infill housing and mixed-use redevelopment of outdated low-
density retail and commercial space, primarily on the South Broadway and
Old Hampden Avenue corridors and surrounding light rail stations.
As commercial and industrial property declines in economic and tax
productivity relative to other potential uses, redevelopment with higher
intensity employment and sale-generating uses, and residential
development should be supported. The spending potential and resulting
sales tax revenues generated by new residents’ spending can often be
higher than tax revenues from economically declining low-density land uses.
Vacant commercial space detracts from an area’s energy and creates the
perception of weak economic and business conditions.
1. Maintain contact with key property owners and brokers to anticipate major
vacancies and to support tenant recruiting or repurposing of the space.
The City and EDDA can support property owners and brokers in finding
tenants and helping to address any zoning or building code issues for
changing uses or re-tenanting spaces. Maintaining relationships with key
property owners and managers will enable vacancies to be anticipated and
advanced planning for alternative uses.
2. Explore alternatives for filling vacant space along Englewood Parkway and
in CityCenter.
This area has experienced persistent vacancies in the ground floor mixed
use space. This condition will likely worsen prior to the planned CityCenter
redevelopment. The City and EDDA can consider an interim strategy to
incubate arts, history, and business incubator organizations. A partnership
with the property owner will be required.
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3.Explore a program similar to “Pop Up Denver” for activating vacant
commercial space.
Denver Economic Development & Opportunity (DEDO) and Downtown
Denver Partnership are launching a program that will allow startup
retailers to occupy otherwise vacant space at reduced rent. Businesses
selected in the competitive process will also receive $20,000 in startup
grant funds. The program is funded by the City’s ARPA grants.
4.Support elements of tactical urbanism for activating areas of Englewood.
Tactical urbanism is using lower cost temporary changes to the built
environment to improve them. Street/alley art, “guerilla gardening,”
temporary bike lanes, food trucks, and pop-up retail are all elements of
tactical urbanism. When there is more pedestrian and street level activity
it creates a positive feedback loop that brings more people (customers) to
business districts. Tactical urbanism is a faster and less expensive way to
encourage more street activity than traditional “hard infrastructure”
improvements. If these strategies are used, communication needs to be
clear that they may be temporary.
5.Explore strategic and regulatory approaches to attracting and retaining
retail/commercial tenants and discouraging vacant space.
CityCenter and other mixed-use projects will need support in tenanting
new ground floor and other mixed use and nonresidential space. The City,
its partners, and the CityCenter developer could collaborate on a retail
strategy that identifies targeted business types and financial and
regulatory incentives to support tenant attraction. The strategy should be
targeted and curated around Englewood’s strengths and the unique local
and regional businesses and new concepts, not a traditional retail gap
analysis. The strategy can also examine dis-incentives for leaving space
vacant through regulatory fees or taxes or other measures.
1.Support the efforts of the City and EDDA to complete the CityCenter
Development and Englewood Downtown Plan.
The completion of CityCenter redevelopment and implementation of the
Downtown Plan will be transformational. Support for these efforts by the
City and EDDA should be a high priority.
2.Proactively work with property owners interested in reinvesting in and
de/redeveloping their property to address entitlement or infrastructure
impediments.
The City has identified 11 catalyst sites (not including CityCenter) that
have development and redevelopment potential into more economically
productive uses. The City should maintain contact with these property
owners to support redevelopment planning.
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46
Workforce Development
Many businesses, especially retail, restaurant, and healthcare businesses face an
ongoing labor shortage problem. These jobs can be highly competitive with
neighboring communities because most communities have employers that offer
these types of jobs. Although this is a complex and multifaceted national issue,
expanding affordable and attainable housing in Englewood could help more
workers live in Englewood closer to their jobs.
1. Expand the supply of affordable and workforce housing by promoting
development sites for affordable housing projects and partnering with and
incentivizing market rate developers to include affordable units in their
projects.
Increasing the supply of affordable and workforce housing will help more
employees live closer to their jobs and will help Englewood businesses be
more competitive in attracting and retaining workers. Homeownership
programs are also needed to help younger and middle-income workers
build wealth and stay in the community over time. The City is conducting a
housing needs assessment and strategy that will provide more guidance
on this issue.
1. Act as a liaison between businesses, local schools, ACC, and A/D Works! to
monitor demand and supply of specialized skill workers.
ACC and A/D Works! already have processes and advisory boards in place
to monitor skill supply and demand. The City can be part of these
conversations to stay in tune with emerging needs and trends, and bring a
local, Englewood business perspective.
2. Support developing apprenticeship programs through economic partners
including A/D Works! and conduct employer outreach and education to
facilitate program adoption.
A/D Works! offers funding to employers for qualified apprenticeship
employees including veterans, college students, people with disabilities,
and low-income people. A business workshop on apprenticeships could
increase program adoption.
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Organization
The current economic development structure is meeting the needs of the City. The
strategies in this document recommend minor changes to existing programs, as
well as a series of new initiatives. This section describes the recommended structure
and roles for the three local partners: City of Englewood, Greater Englewood
Chamber of Commerce, and the Englewood Downtown Development Authority.
The recommended roles outlined below generally follow the structure that is
established and are intended to clarify and confirm roles. The recommendations
are based on the expertise and capacity of each organization.
Figure 8. Economic Development Organizational Structure
Economic Development Division
Five core functions are recommended for the Economic Development Division.
1.The Economic Development Division’s core function is as a convener of
and liaison between businesses and other EDOs with the City. This is
achieved through participation in local and regional organizations, and by
maintaining relationships in the community with key businesses leaders,
property owners, and other stakeholders.
2.The Economic Development Division is the first point of contact for
businesses seeking resources or persons who are interested in starting a
business.
3.The Economic Development Division performs targeted business retention
and expansion (BRE). These activities are done on an as-needed basis for
specific challenges or opportunities. Englewood is not large enough to
justify the dedicated staff time and potential need for an additional
position devoted to BRE activities. The Economic Development Division is
informed of these opportunities through its participation with other EDOs,
contacts in the community, and when directly requested from businesses
and/or property owners.
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48
4.The Economic Development Division administers the grant and incentive
programs with support from other Community Development staff and the
Finance Department.
5.With support from other departments, the Economic Development Division
provides a regularly updated Business Resource Guide, Real Estate Market
Reports, and Economic and Demographic Community Profile Data, and
specialized data analysis upon request.
SPECIFIC STRATEGIES
While the City works with several regional partners on business assistance, some
communities have staff resources to provide these services in-house. The City
could consider adding a staff position in the future to support additional BRE and
business counseling roles if additional funding is available and in response to the
ongoing expansion of the business community.
1.Consider the need for an additional staff person to support BRE work,
business counseling, and assistance with loan and grant programs.
Adding a staff person at some point in the future would require a budget
increase. This should be weighed against potentially using a budget
increase to expand grant programs targeted to minority owned businesses.
Stakeholder input indicated that the Economic Development Division is well
known among existing businesses. However, new businesses may be less aware
of the services and resources that are available. A website optimization would
help improve the division’s visibility and bring it up to a standard comparable to
the peer City programs reviewed.
1.Optimize the City’s Englewood Invests website so it has a unique website
address and is easily found through search engines. Make additional
changes to reflect current best practices in website design.
In each of the cities profiled, an internet browser search of the City name
plus Economic Development brought up the web page of the appropriate
lead department, division or nonprofit entity. In Englewood’s case, although
this web page exists, it is nested within the Community Development
Department and takes several clicks to reach the intended site.
The content on the current website is of good quality and relevant. It
should be maintained regularly to stay current. Content such as the
Resource Guide should be in downloadable PDFs, rather than the
embedded format currently used. The website should contain information
on starting a business, and links to key partner organizations and other
resources. The City could also work with the Chamber on social media
posts and other marketing items.
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Redevelopment Division
1. The priority for the City’s Redevelopment Division is to implement the
CityCenter redevelopment in partnership with SKB/Tryba, the master
developer, and the EDDA.
2. The Redevelopment Division also supports redevelopment activities on
other catalyst sites.
3. Continue to support hospital campus expansion planning.
Englewood Downtown Development Authority
The EDDA was formed to act as a champion for Downtown Englewood and to
implement the Englewood Downtown Plan through economic development,
placemaking, marketing, mobility/parking, urban design, and maintenance
activities. The EDDA receives tax increment financing within its boundary and
therefore has a direct role in placemaking and infrastructure investments, and
“clean and safe” operations (security, trash removal). The EDDA will work closely
with the City and the Chamber in accomplishing six key roles outlined below.
1. Implement the Englewood Downtown Plan
2. Continue to partner with Redevelopment and SKB/Tryba to complete the
CityCenter redevelopment.
3. Invest in public improvements, place enhancements, multimodal
connectivity, and other placemaking projects within the EDDA.
4. Manage “clean and safe” programs in Downtown.
5. Promote and experiment with tactical urbanism strategies and other
programs within the Downtown district with close collaboration with
property owners and the Community Development Department (planning
and code compliance).
6. Collaborate with the Chamber and City on Englewood and Downtown-
specific marketing and events.
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50
Greater Englewood Chamber of Commerce
The Chamber brings together and communicates with Englewood businesses. Its
strengths are organizing and promoting events, marketing Englewood businesses,
and being a voice of businesses to the City and EDDA. The Chamber should work
closely and communicate regularly with the Economic Development Division. Six
main roles for the Chamber are outlined below.
1.Continue the Chamber’s current independent business programming
including the Idea Lab 101 series, Thought Co-Op, networking, and
training and information events.
2.Represent the business community on policy issues and initiatives that
affect them.
3.Communicate any BRE issues or opportunities to the Economic
Development Division and collaborate on developing responses.
4.Refer existing and prospective businesses and entrepreneurs to the
Economic Development Division and/or economic partners when
assistance is needed.
5.Continue to conduct community events under agreement with the City,
and collaborate with the EDDA on Downtown area events.
6.Contract with the City for other specialized services as needed, such as an
Englewood marketing campaign.
Economic Partner Organizations
Englewood is a partner and values the other regional economic development
organizations and service providers in the region.
1.Maintain relationships with other EDOs in the South Metro and greater
Metro Denver area.
It is important for the City to be part of regional conversations to stay
relevant and ready for new opportunities.
2.Maintain the list of other economic partners and resources and prioritize
involvement based on the City’s needs and the services provided.
While each partner organization is important, the City does not have the
resources to have the same level of involvement with each organization.
The City should consider reframing the list of partners to a list of resources
and tailor its engagement or support based on need and priorities.
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DEI Strategies
Economic development (and government) should serve, value, and benefit people
from all backgrounds and identities. Demographic data estimates that
approximately 30 percent of the population of Englewood is comprised of people
identifying as non-white, Hispanic or Latino, and just over half of the population
are female. However, only 12.5 percent of businesses are classified as minority
owned by the Census Annual Business Survey. About 11 percent of the population
also has some type of physical or cognitive disability. This section identifies some
targeted strategies and actions related to modifying existing programs and
addressing diversity, equity, and inclusion goals.
Small business ownership is an important path to wealth building that should be
accessible to everyone. The City should commit resources to expand programs
and increase representation of historically underserved people and businesses.
1. Work with partner organizations to identify business leaders and
entrepreneurs with more diverse backgrounds and identities who are
interested in greater involvement in economic development.
The City, Chamber, and EDDA can work together to broaden
representation and participation in economic development leadership and
program participation.
2. Develop an outreach strategy to first identify and then determine how to
engage with organizations representing a more diverse community of
economic development stakeholders.
There are numerous chambers of commerce and other organizations
representing BIPOC (Black, Indigenous, and people of color), disabled,
veteran, women, and LGBTQ people. The City and its partners should
develop a strategy to engage with key groups with interest in Englewood
and alignment with its small business and health care industry clusters.
Through this engagement, the City and its partners should strive to gain
more diverse representation on boards. New partners may also be able to
help the City promote its grant programs, and programs from other
agencies, to people who have not had as much access and awareness of
existing resources.
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Action Plan
The Action Plan shown below is intended to inform the City’s and Partner’s work
programs over the next few years. The Action Plan is divided into three sections:
•Short Range – Actions suggested to be completed over the next two years.
These are generally low cost but high priority items requiring mostly staff time
and no other significant costs.
•Medium Range – Also important, these actions require more lead time and
coordination than Short Range actions. They may also require some
contractor or consultant expenses. Medium Range actions are proposed over
the three to five year time period.
•Long Range – These are more complex and costly items, including major
capital improvement projects. These actions are suggested over a 5 to 10
year or longer period but could be done sooner if the opportunity exists and
funding is available.
No specific order of priority is given within the time ranges of actions to give the
City and its partners the flexibility to address them based on resources and
specific opportunities.
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Economic Development Strategic Plan
54
Short Range (0-2 Years)
Action Notes Strategy Area Lead Organization Resources
Optimize the City Economic Development
Website.
• Update format to reflect current best practices.
• Create unique address and home page.
• Business
Support
Lead: City of Englewood Staff or contractor
time
Designate a City stakeholder
representative in the South Broadway
Corridor Study.
• A transportation corridor study is starting from
approximately Mississippi Ave. to Highlands Ranch
on South Broadway.
• Project will recommend transportation, safety, and
placemaking improvements.
• Placemaking Lead: City of Englewood Staff time
Amend grant programs to allow more
eligible costs.
• Get input from businesses on where funding would
be most helpful.
• Add fire protection, energy efficiency, grease traps,
and others TBD as eligible costs.
• Business
Support
Lead: City of Englewood
Support: Greater Englewood Chamber
Staff time
Amend event and food truck permitting. • Address feedback from businesses that events and
food trucks are difficult to permit.
• Business
Support
Lead: City of Englewood
Support: Greater Englewood Chamber
Staff time
Host an annual lender forum on small
business and microlending.
• Increase local lender awareness of programs and
requirements.
• Expand use of microlending to help new
entrepreneurs build credit; programs would target
historically underrepresented people.
• Business
Support
Lead: City of Englewood
Support: Aurora-South Metro SBDC
Staff time
Develop an outreach strategy to increase
representation in Economic Development
Organizations (EDOs) and participation in
economic development programs from
historically underrepresented people.
• Identify new partners to engage who represent
more diverse and underrepresented people and
businesses including BIPOC, LGBTQ, women,
veterans, and people with disabilities.
• Promote grant and loan programs across these
groups to build awareness and access.
• Diversity,
Equity, and
Inclusion
Lead: City of Englewood
Support: Aurora-South Metro SBDC,
Greater Englewood Chamber, EDDA,
Mi Casa, and new partners to be
identified
Staff and partner
time
Develop a strategy to address safety
perceptions in commercial districts.
• Newly formed EDDA is developing “clean and safe”
programs.
• Use existing partners to help people experiencing
homelessness access resources.
• Placemaking
• Business
Support
Lead: EDDA (downtown) and City of
Englewood (downtown and other areas
of the community)
Staff and partner
time
Select a new development partner for
CityCenter.
• Reengage stakeholders for input on project
objectives.
• Begin developer selection process.
• Placemaking Lead: City of Englewood Redevelopment
and EDDA
Staff and possibly
consultant/legal
time
Define a process for the City and Greater
Englewood Chamber to provide input on
EDDA projects funded with TIF.
• Major investments should have input from
stakeholders.
• Area of continued collaboration between the three
core partners.
• Placemaking
• Organization
Lead: EDDA
Support: City and Greater Englewood
Chamber
Staff time
Create a process or communication chain
to respond to site selection inquiries and
other economic development leads.
• Ensure that leads have a person assigned for follow
up.
• Continued collaboration.
• Business
Support
Lead: City of Englewood
Support: EDDA, Greater Englewood
Chamber; real estate brokerages
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Medium Range (3-5 Years)
Action Notes Strategy Area Lead Organization Resources
Work with Craig and Swedish Hospitals on
local procurement.
•Increase economic impact of hospitals by sourcing
more services or supplies locally.
•Target businesses owned by historically
underrepresented people through hospital
procurement and DEI offices.
•Business
Support
•DEI
Lead: City of Englewood
Support: Greater Englewood Chamber
Staff time
Evaluate feasibility and demand for a
business incubator and/or skills
development center.
•Different models and industries can be explored.
•A food & beverage (e.g., Comal in Globeville) or
professional/technical incubator/collective like
Industry could be explored.
•Business
Support
•DEI
Lead: City of Englewood
Support: EDDA
Staff time,
consultant or
contractor to
further evaluate
Develop a policy on balancing
redevelopment and preservation of
industrial land uses.
•Create a more specific policy on what types of
industrial land uses should be preserved.
•Address in future Comprehensive Plan update.
•Focus on job density and tax revenue generation.
•Economic
Diversity
Lead: City of Englewood Staff time
Create an improvement plan for Broadway
south of Hampden Ave.
•Improve safety and aesthetics.
•Use the upcoming S. Broadway Corridor Study as a
starting point.
•Placemaking Lead: City of Englewood and EDDA May identify
major
infrastructure/plac
emaking and
safety projects.
Identify and implement a manageable
number of tactical urbanism projects.
•Expand food trucks and pop-up retail.
•Look for aesthetic and activity/event projects to
activate underutilized areas.
•Use tactical urbanism to mitigate impacts of
infrastructure and redevelopment projects.
•Get input from EDDA board on interest in funding
projects .
•Placemaking Lead: City of Englewood
Support: EDDA and Greater Englewood
Chamber
Staff time and
some minor
capital
expenditures
Create a retail/commercial tenanting and
retention strategy.
•Support tenanting of CityCenter mixed use space.
•A customized strategy is needed that focuses on
local/regional businesses rather than a formulaic
retail gap analysis.
•Evaluate regulatory approaches to disincentivize
vacant commercial space.
•Placemaking Lead: City of Englewood
Support: EDDA, Chamber, CityCenter
Developer
Staff, partner,
and consultant
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Economic Development Strategic Plan
56
Long Range (6-10 Years +)
Action Notes Strategy Area Lead Organization Resources
Evaluate the need for an additional
economic development staff person.
•More resources to support business retention and
expansion programs, and other functions as
needed.
•If funding is available, determine if there is enough
business activity to justify another position.
•Business
Support
Lead: City of Englewood Budget for
additional staff
position
Monitor list of partners and prioritize City’s
involvement.
•City engages with at least 11 economic partners.
•Review list of partners and roles periodically to
determine most effective allocation of time/
resources.
•Broaden partners to include representation from
historically underrepresented people.
•Organization Lead: City of Englewood Staff time
Shift focus from CityCenter to other
catalytic redevelopment sites.
•Assuming CityCenter is on a sustainable path to
completion.
•Leverage catalytic impact of CityCenter to advance
other redevelopment projects.
•Placemaking
•Economic
Diversity
Lead: City of Englewood
Support: EDDA
TBD based on
projects
Continually look for opportunities to
implement placemaking projects as funding
allows.
•Major capital project needs include: Old Hampden
reconstruction; S. Broadway/US-285 Bridge;
Englewood Parkway safety/multimodal
improvements; and Oxford Station Bridge.
•Placemaking Lead: City of Englewood
Support: EDDA (Downtown
placemaking)
Capital projects
funding Page 266 of 330
COUNCIL COMMUNICATION
TO: Mayor and Council
FROM: Tamara Niles
DEPARTMENT: City Attorney's Office
DATE: November 7, 2022
SUBJECT:
CB 39 - Approve a bill for an Ordinance Amending Title 7, Chapter
1A, Sections 7-1A-5, 7-1A-9 and 7-1A-16 Of Englewood Municipal
Code Regarding Animal Impoundment.
DESCRIPTION:
CB 39 - City staff requested an ordinance amending Sections 7-1A-5, 7-1A-9 and 7-1A-16 to
resolve ambiguity in prior language, to mirror state law provisions for animal impoundment, and
to provide a single, consistent section of Municipal Code regarding animal impoundment.
RECOMMENDATION:
Approve a bill for an ordinance amending EMC Sections 7-1A-5, 7-1A-9 and 7-1A-16 to resolve
ambiguity in prior language, to mirror state law provisions for animal impoundment to ensure
compliance, and to provide a single municipal code section for animal impoundment. Should
City Council have any questions regarding this council bill, staff requests it be tabled until
November 21, 2022--the City Attorney worked with staff to draft the council bill, and will be
available to answer all questions at that time.
PREVIOUS COUNCIL ACTION:
City Council previously requested this be tabled to November 7, 2022 to allow time for the Code
Enforcement Advisory Committee to review the proposed ordinance and provide comment. The
Code Enforcement Advisory Committee met on October 26, 2022, reviewed the proposal, and
approved it for Council consideration.
SUMMARY:
Englewood Police Department Code Enforcement division requested this revision to Englewood
Municipal Code regarding animal impoundment.
The proposed bill for an ordinance amends Englewood Municipal Code on animal
impoundments for clarity and brevity, mirrors state law on animal impoundment time frames and
procedures, and implements amendments to accomplish the following: removes requirement
that payment of fines be made to Municipal Court for an owner to get an animal back, which
would prohibit retrieving an animal after business hours on Friday until court opens on Monday
(thus increasing the shelter costs and delaying reuniting the owner and animal even though the
shelter is open 7 days per week); shortens the time frame to claim an animal to mirror state law
to 5 days when the shelter is open instead of 6 days; provides a framework for an impound
hearing; provides a framework to pre-pay care costs when an animal is held pending disposition
of criminal charges, mirroring state law; authorizes a veterinarian to euthanize terminal animals
without court order, to mirror state law; clarifies when impound fees and costs are and are not
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payable by the defendant; and removes impound provisions from two additional sections of
municipal code to provide a single, consistent section that governs all animal impoundments.
Municipal Court Administrator Kennetha Julien requested the opportunity to review and provide
comment on the proposed draft ordinance regarding animal impound. A draft version of the
ordinance was provided to her on August 25, 2022, with comments requested within a week.
She provided comments at end of day on Friday, September 2, 2022, and requested her
comments be provided to City Council when considering this proposed ordinance. The City
Attorney provided those comments to Englewood Police Department Code Enforcement division
and the City Prosecutor for review and response the next business day. Below are the five
comments received by Julien, immediately followed in italics by staff's response and direction
regarding the proposed ordinance:
1) Potential confusion between the term “Impound Fee” (city) of $254.58 per animal that exists
in current code to cover flat rate of securing animal and transporting to HSSPV and the new
proposed “Impound Cost” (shelter or daily Boarding Rate plus other expenses like rabies or vet
care) so we suggest a new term if imposing a new cost like “shelter fee”. After forwarding this
concern to the requesting department, the proposed term "shelter fee" was inserted to replace
the prior term "impound cost".
2) Does the proposed language contemplate release prior to or only after payment of specific
costs? Does this contemplate they pay to HSSPV or to the Court? Maybe this should be
detailed given that many will not be able to pay, including the forfeiture of ownership if unpaid
for some specified time if contemplating no release prior to payment in full? If to be collected by
the Court, what are the costs contemplated to be imposed and how will that be memorialized
and updated? The proposed ordinance provides for the payment of shelter fees to the shelter.
The City Attorney requested clarification from Code Enforcement regarding this process, given it
is currently in effect and followed: when a person appears at the shelter to pay the shelter's
incurred fees for food, shelter, and care and thereby recover an impounded animal, the shelter
contacts Code Enforcement to determine if a citation is appropriate. If Code Enforcement has
issued a citation, it appears at the shelter and serves the citation to the person when they
retrieve their animal. The Court is not otherwise involved in this process, unless (a) the owner
requests a hearing with the Court , or (b) the owner appears in court on a citation. If a citation,
the Court follows its established process for all citations: arraignment, plea, imposing fines,
court costs, and if appropriate, the impoundment fee set by City Council.
3) We have concerns regarding proper equal protections and due process for what is proposed
as an extrajudicial and not specifically legislated in muni code process for the release of some
animals to their identified owner but not all, and the claim and ultimate forfeiture of property
rights on an action initiated by a municipal summons and complaint. After the dog is gone, the
Court has no remedy and limited ability to verify the actions of the government are appropriate
under the law so the defendant’s only potential recourse may be civil litigation? The City
Attorney's office consulted with the department that requested this code revision, to determine if
they request further revision in response to this concern. They did not request further revisions
for the following reasons: Current Municipal Code, EMC Section 7-1A-5(B), already allows the
shelter to release animals without a judicial order if impounded for certain reasons, such as
running at large. As currently written though, EMC Section 7-1A-5(B) requires payment of "fines
and fees" at municipal court to get their animal back, but this can extend the time an animal is
impounded and thus, extend the accrual of shelter fees. The proposed revisions benefit the
owner, because they can recover possession of their animal at nights and on the weekends
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when the court is closed by paying only the costs of care directly to the shelter, thus expediting
the return, reducing the amount of costs incurred by the shelter and required to be reimbursed
by the owner, and allowing the owner to delay paying court costs and fines if a court citation has
been issued. For dangerous dogs, rabies, or cruelty/neglect cases, the proposed revisions
require the owner to make a claim for the animal within five days, otherwise the shelter may
adopt out the animal. This is current state law, CRS Section 35-80-106.3, which states "any pet
animal held by or in the custody of a licensed animal shelter ... and not reclaimed by the owner
shall be held by the animal shelter for a minimum of five days ... before it may become available
for adoption." If the owner makes a claim for the animal within five days, the Court must then
schedule a hearing to determine whether the animal should be returned to the owner or
continue to be held by the shelter. CRS Section 35-80-106.3 further immunizes the shelter from
liability for adopting out an animal after five days, if the owner does not make a claim of
ownership. Finally, CRS Section 18-9-202.5 also provide provisions for disposition of animals
by a shelter for neglect, cruelty and dangerous dogs, and require the owner to request a hearing
or pre-pay all costs of care to avoid adopting out by the shelter (except that the statute requires
requesting a hearing or payment within 10 days, and the proposed ordinance changes that from
the current Municipal Code's 6 days to 5 days for consistency with CRS Section 35-80-106.3).
Because the proposed ordinance provisions mirror established state law (and also would apply
to provide immunity for the shelter's actions), the potential of a successful civil action to
challenge the ordinance on this basis is low.
4) We have concern about fundamental fairness of forfeiting a pet for conviction under the Care
and Maintenance portions of Cruelty/Neglect as these can be minor offences like hot car for a
few minutes. Maybe consider those as separate offences or clarify if no judicial discretion on
that conviction? This section basically makes owning a dog and being homeless difficult and we
think the Council should reconsider the appropriate policy on that and release considerations
back into those conditions. The proposed ordinance as written provided an avenue to alleviate
this concern. It authorizes the Court to order a pre-trial release of the animal back to the owner
“upon a finding that neither the animal nor the public is endangered by the release”. If an
animal was temporarily left in a car on a single occasion, the judge could conclude neither the
animal nor the public faces danger if the owner receives custody, and order the return of the
animal.
5) The recent issues you are raising are due to how the city wants to handle dog impounds and
forfeitures on homeless defendants and their inability to pay costs and that is pretty clear on day
1. We think more detailed legislation on these issues would be helpful regarding the mandatory
payment and forfeiture or if judicial discretion on these issues is more appropriate given the
unique circumstances of each defendant and animal in each case. The City Attorney's office
consulted with the department that requested this code revision, to determine if they request
further revision in response to this concern. The required payment provisions are also required
by state law, specifically CRS Section 18-9-202.5, without reference to ability to pay--so the
proposed ordinance mirrors established state law on this issue. In addition, if the animal owner
does not pay for the costs of the animal's care, either the non-profit shelter has to raise funds to
feed, care, and house the animal, or City taxpayers are required to pay it. Therefore, the originating
department did not support a revision to the proposed ordinance.
COUNCIL ACTION REQUESTED:
Approve a bill for an ordinance amending EMC 7-1A-5 7-1A-9 and 7-1A-16 to resolve ambiguity
in prior language, and to mirror state law provisions for animal impoundment. If City Council has
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questions for legal, staff requests the matter be tabled to November 21 agenda to allow the City
Attorney to answer any questions in person, given she worked closely with Code Enforcement
and the City Prosecutor to draft the council bill.
FINANCIAL IMPLICATIONS:
None anticipated.
ATTACHMENTS:
Council Bill #39
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BY AUTHORITY
ORDINANCE NO. ____ COUNCIL BILL NO. 39
SERIES OF 2022 INTRODUCED BY COUNCIL
MEMBER _________________
A BILL FOR
AN ORDINANCE AMENDING TITLE 7, CHAPTER 1A, SECTIONS 7-1A-
5, 7-1A-9, AND 7-1A-16 OF ENGLEWOOD MUNICIPAL CODE
REGARDING ANIMAL IMPOUNDMENT.
WHEREAS, Englewood Municipal Code establishes procedures and costs for animal
impoundment and release in Sections § 7-1A-5, 7-1A-9 and 7-1A-16; and
WHEREAS, Englewood Police Department’s Code Enforcement Department requests
revision to ensure statutory consistency and compliance, specifically with CRS § 18-9-202 et seq.
and CRS § 35-80-106.3 et seq., and to consolidate various and inconsistent impound provisions
into a single code section; and
WHEREAS, in a continuing effort to update Municipal Code sections for clarity and
brevity, and to comport with best practices, in addition to amendments to mirror state impound
laws and payment of required impound costs, Municipal Code amendments contained herein
establish expedited procedures whereby animal owners may recover possession to reduce the
amount of shelter cost accruals; and
WHEREAS, the City contracts with Humane Society of the South Platte Valley, Inc. (the
“shelter”) to house impounded animals; and
WHEREAS, the shelter—a non-profit organization—occasionally incurs significant costs
housing animals pending extended disposition of cases in Englewood Municipal Court, and the
Municipal Code revisions herein are intended to ensure the shelter is reimbursed for those costs;
and
WHEREAS, under the City’s contract with the shelter, the City is required to pay an
owner’s shelter costs if they fail to do so; and
WHEREAS, the proposed municipal code provisions provide clarity to ensure shelter
costs are paid by the owner when an animal was impounded upon probable cause, rather than
requiring payment of those costs by taxpayer funds; and
WHEREAS, on the 27th day of October, 2022, the City of Englewood Code Enforcement
Advisory Committee reviewed and approved this proposed Council Bill.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. Amendment of Englewood Municipal Code
Title 7, Chapter 1A, Section 7-1A-5 of Englewood Municipal Code is hereby amended to read as
follows (new provisions bold/italics, deleted provisions struck through):
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7-1A-5: Impoundment of Animals; Notice, Disposition.
A. Any domesticated animal found running at large, subjected to cruelty or neglect (EMC §
7 1A-9), that are dangerous (EMC § 7-1A-16), suspected of rabies infection (EMC § 7-
1A-11), caused injury to any person or domestic animal, or animal kept in violation of
this Code may be taken by the City and impounded in a City-designated animal shelter
designated by the City.
B. Except for domesticated animals subjected to cruelty or neglect (EMC 7-1A-9), or that
are dangerous or caused injury to any person or domestic animal (EMC 7-1A-16), or
suspected of rabies infection (EMC 7-1A-11), any impounded domesticated animal may
be claimed by and released to its owner by the shelter upon production of proof of
ownership and rabies vaccination, and payment in full to the shelter of the shelter’s daily
costs associated with the animal’s impoundment, care and provision (collectively
“shelter costs”).payment of fines and fees at the Violations Bureau.
C. Impounded domesticated animals voluntarily surrendered by the owner or not claimed by
the owner within fivesix (56) business days in which the shelter is open to the public or
may be disposed of by the City in any suitable manner. may become available for
adoption or subject to other disposition at the shelter’s discretion.
D. Evidence of current rabies vaccination is required prior to release of impounded dogs or
cats.
E. When a domesticated animal is found running at large and If ownership of an such
animal is known to City personnel, the City may return the animal to its owner in lieu of
impoundmentsuch animal need not be impounded, but such personnel may cite and return
the animal to the owner. If not returned to its owner,
F. Immediately upon impounding a domesticated animal, the City shall make a reasonable
effort to notify the owner of impoundment and how to recover custody.such animal and
inform such owner of the conditions whereby the owner may retain custody of such
animal.
G. Impoundment fees for domesticated animal(s) shall be set by City Council Resolution.
E. If an owner makes a claim of ownership within five days but is not entitled to a release of
the animal under sub-section B, notice of the claim shall be forwarded to Englewood
Municipal Court for an expedited hearing.
1. If the owner fails to appear at the hearing, regardless of filing a claim of ownership,
the animal shall be subject to immediate disposition as provided in sub-section C without
further notice to the defendant or owner.
2. If the owner appears at the hearing, the court shall determine:
a. Whether there was sufficient probable cause for the underlying charge
leading to impoundment; and
b. Whether the animal should be released to the owner’s custody.
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3. If probable cause is found at the hearing:
a. And the court orders the animal may be released to the owner, the owner
shall pay to the shelter within five days all incurred shelter costs before the
animal is released to the owner, or if not paid, the shelter may adopt or take other
disposition action without further notice to the owner or defendant.
b. If impounded for cruelty or neglect, dangerous animal, or rabies, the
Court may order the animal released to the owner only upon a finding that
neither the animal nor the public is endangered by the release; alternatively, the
Court may order the shelter continue to hold the animal pending disposition of
charges, as long as the owner or defendant pre-pays to the Court 30 days’ of
shelter costs at the hearing, and at subsequent 30-day intervals until final
disposition of charges. Failure to pay such shelter costs when due will result in
the shelter adopting out or taking other disposition action without further notice
to the owner or defendant.
4. If probable cause is not found at the hearing, the court may order the animal be
immediately released to the owner or defendant. If not claimed by the owner or
defendant within five days, the shelter may adopt or take other disposition action without
further notice to the owner or defendant.
F. If a licensed veterinarian determines an impounded animal is experiencing extreme
pain or suffering or is severely injured, disabled, or diseased past recovery, the animal may be
euthanized without a court order.
G. Regardless of any other provision herein, the Court shall order the defendant to pay all
shelter costs incurred while the shelter was required to impound an animal under this code,
unless the court finds the impoundment lacked probable cause in a hearing under sub-section E.
H. Upon a finding or plea of guilty or no contest:
1. the ownership rights to an animal shall be permanently severed if impounded for
EMC § 7-1A-9(A);
2. the ownership rights to an animal shall be permanently severed for other sub-
sections of EMC § 7-1A-9, EMC § 7-1A-16, or EMC § 7-1A-11, unless the Court specifically
finds that neither the animal nor the public is endangered by releasing the animal to the
defendant;
3. the Court shall assess the City impoundment fee, fines, and court costs against the
defendant; and
4. the Court further may consider destruction of the animal pursuant to EMC § 7-
1A-17.
Section 2. Amendment of Englewood Municipal Code
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Title 7, Chapter 1A, Section 7-1A-9 of Englewood Municipal Code is hereby amended to read as
follows (new provisions bold/italics, deleted provisions struck through):
7-1A-9: Cruelty to or Neglect of Domesticated Animals.
A. No person shall It shall be unlawful for any person to kill, maim, disfigure, torture, torment,
neglect, beat, burn or scald with any substance a domesticated animal, or cause a
domesticated animal to endure unreasonable or unjustifiable pain, suffering or injury.
B. No person shall It shall be unlawful for any person to antagonize, intimidate, threaten, abuse
or verbally harass any domesticated animal.
C. Care and Maintenance. No person It shall be unlawful for any person keeping or harboring
any domesticated animal shallto fail or refuse to provide such domesticated animal with
proper food, drink, shade and shelter. Proper food, drink, shade and shelter shall require
that:
1. Each domesticated animal shall receive an adequate daily supply of clean, fresh food
suitable for its physical condition and age sufficient to maintain a healthy level of
nutrition.
2. Each domesticated animal shall, at all times, have an adequate and accessible supply
of clean, fresh, potable water and such water shall be provided either free-flowing or
in a clean, stable receptacle.
3. Each domesticated animal housed outdoors or tethered outdoors shall have
convenient access to appropriate weather and temperature resistant shelter
throughout the year. Any shelter shall be structurally sound, clean, adequately sized,
and maintained in good repair to protect the domesticated animal from injury and
from the elements.
4. The living area for the domesticated animal shall have adequate drainage such that
domesticated animal shall be free to walk, sit, stretch or lie down on a dry surface.
5. If a domesticated animal is housed outdoors, in addition to a shelter, it shall be
provided with an enclosure to minimize risk of injury and to provide sufficient space
to enable freedom of movement and exercise.
6. A domesticated animal may not be placed or confined, or allowed to be placed or
confined or allowed to remain in an unattended vehicle without sufficient ventilation
or under conditions or for such period of time as may be expected to endanger the
health or well-being of [the] domesticated animal due to heat, lack of water or such
other circumstances as may be expected to cause suffering, injury or death. A Code
Enforcement Officer or Police Officer who finds a domesticated animal in a vehicle
in violation of this Section may enter the vehicle by using the amount of force
reasonably necessary to remove the domesticated animal.
D. The City may take and impound any domesticated animal found to be subjected to
prohibited treatment described in this Section. If the owner has not submitted a request to
reclaim the domesticated animal within six (6) business days, the City may dispose of the
domesticated animal in any suitable manner. If a claim is made by the Municipal Court for
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5
the domesticated animal, the domesticated animal shall be held by the City or by a shelter
designated by the City until the Municipal Court enters an order finding either:
1. Charges under this Section cannot be proven beyond a reasonable doubt, or
2. The Municipal Court finds that care and maintenance issues under Paragraphs B and
C above have been satisfactorily remedied. The domesticated animal may be released
upon payment of any fines, fees and shelter costs. A domesticated animal impounded
under the provisions of Paragraph A of this Section shall not be returned to its owner,
but may be disposed of in any suitable manner at the discretion of the City.
Section 3. Amendment of Englewood Municipal Code
Title 7, Chapter 1, Article A, Section 7-1A-16 of Englewood Municipal Code is hereby amended
to read as follows (new provisions in italics, deleted provisions struck through):
7-1A-16: - “Dangerous” Animals Prohibited.
A. No person shall It shall be unlawful for any person to own or harbor a "Dangerous"
animal, except as provided in Subsection F belowH of this Section.
B. An owner of a domesticated animal that has been adjudicated as having committed acts
that would be deemed "dangerous" as set forth in this Chapter in any other jurisdiction shall
register said animal with the City as a "dangerous animal."
C. The owner of any domesticated animal shall be responsible for any damage committed by
that domesticated animal against any property, real or personal, live or inanimate, or any person
or domesticated animal.
D. It is an affirmative defense to the charge of "At-Risk" or "Dangerous" animal that the
person or animal that was attacked by the "Dangerous" animal was:
1. Other than in self-defense or defense of others, attacking the animal or engaging in
conduct reasonably calculated to provoke the animal to attack or bite; or
2. Unlawfully engaging in entry into or upon the premises or containment within which the
animal was lawfully kept; or
3. Unlawfully engaging in entry into or in or upon a vehicle in which the animal was
confined; or
4. Harassing the animal; or
5. Assaulting another person; or
6. Attempting to stop a fight between the animal and any other animal; or
7. Attempting to aid the animal when it was injured; or
8. Attempting to capture the animal in the absence of the owner; or
9. A veterinary health care worker, dog groomer, humane agency staff person, professional
dog handler, trainer, Code Enforcement or Police Officer or other professional acting in the
performance of his or her respective duties.
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E. Exemption. Employees or agents of the City or any local, state or federal governmental
entity, using animals within the course of their duties or employment shall be exempt from the
provisions of Paragraphs A, B and C above.
F. Impoundment. Any animal which has caused injury to any person or domestic animal or
which has committed any behavior defined as "Dangerous" herein, may be seized and
impounded as provided for in this Chapter.
G. Impoundment Hearing. Any animal impounded pursuant to this Chapter may be held for
a hearing before the Municipal Court to determine the disposition of such animal. Domesticated
animal(s) not claimed by their owners before the expiration of six (6) business days may be
disposed of at the discretion of the City. The City shall notify, when ascertainable, the owner of
the animal in writing of the date, time, place and purpose of the hearing. The Court may conduct
such hearing at the earliest date available to the Court. If, on the date of the hearing, the duly
notified owner does not appear, the Court may proceed with the hearing. The hearing may take
place regardless of any pending municipal charge pertaining to the animal.
The Court may order the animal to remain impounded at the owner's expense until final
disposition of any pending municipal charges. The owner shall bear all costs of impounding the
animal regardless of the results of any municipal charges. If the Court determines that it is not
appropriate to order the animal impounded the Court may order the animal returned to the owner
and to be kept under such circumstances as will ensure the safety of persons, property or other
animals.
FH. Conditions for Keeping an Animal Classified as "Dangerous."
1. The owner of the classified animal shall comply with all of the following conditions:
a. The owner of the "Dangerous" animal shall pay a permit fee to be set by City Council
Resolution. Said permit shall not be issued until inspection and approval of the Escape-Proof
Enclosure.
b. Only one (1) "Dangerous" animal may be permitted, per residence.
c. The owner of the "Dangerous" animal shall keep current the permit for such "Dangerous"
animal through annual renewal. Such permit is not transferable or renewable except by the
holder of the permit or by a member of the immediate family of such permitee. A "Dangerous"
animal permit tag will be issued to the owner at the time of issuance of the permit. Such permit
tag shall be attached to the "Dangerous" animal by means of a collar or harness which must be
worn by the animal at all times. It should be clearly visible, and shall not be attached to any
"Dangerous" animal other than the "Dangerous" animal for which the permit was issued.
d. The owner of a "Dangerous" animal must be at least eighteen (18) years of age.
e. The Court may require proof of liability coverage which will cover any damage or injury
caused by a "Dangerous" animal.
f. The owner of a "Dangerous" animal shall, at the owner's own expense, have the
"Dangerous" animal spayed or neutered and shall present to the City Manager or designee
documentary proof from a licensed veterinarian that this sterilization has been performed.
g. The owner of a "Dangerous" animal shall, at the owner's own expense, within ten (10)
business days, have a microchip containing an identification number implanted into the
"Dangerous" animal. The City Manager or designee shall maintain a file containing the
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7
registration numbers and shall coordinate that list with the State. The owner shall notify the City
Manager or designee of any change of address within fifteen (15) working days.
h. The owner must confine the "Dangerous" animal in a building or enclosure designed to
be escape-proof and, whenever the animal is outside of the building or enclosure, keep the
animal under the owner's control by use of a leash. The owner shall post a conspicuous warning
sign on the building or enclosure notifying others that a "Dangerous" animal is housed in the
building or enclosure. In addition, if the conviction is for a second or subsequent offense, the
"Dangerous" animal shall also be muzzled whenever it is outside of the building or enclosure.
i. The owner shall immediately notify the City Manager or designee in the event that the
"Dangerous" animal is loose, stolen, at large, unconfined, has mauled, bitten, attacked,
threatened, or in any way menaced another domesticated animal or human. The owner shall also
notify the City Manager or designee in the event the "Dangerous" animal is sold, disposed of, or
has died.
j. Failure to comply with any of these conditions may result in the impoundment of the
animal, subject to disposition pursuant to EMC § 7-1A-16(F)., Section F, EMC
GI. Declassification. A declassification fee in an amount to be set by City Council Resolution
will be assessed when the classification period begins. Declassification shall occur pursuant to
this Chapter. The following conditions must be met:
1. Animals that have been classified as "At-Risk" for one (1) year without further violation,
and two (2) years without further violation for any animal classified as "Dangerous", since the
most recent citation by such animal, and
2. Written certification of satisfactory completion of approved obedience training, AKC
"Canine Good Citizen" program or equivalent for the classified animal, with the owner, and
3. Any additional condition ordered by the City Manager or his designee or the Municipal
Court.
HJ. Euthanization. Upon a classification of "Dangerous" animal, the Court, in addition to the
requirements set forth in this Chapter and the penalties set forth in the Code, may hold a hearing
to determine if the animal should be euthanized, and, if so, the animal shall be euthanized under
the supervision of a veterinarian.
IK. Authority for Immediate Destruction. After making reasonable attempts to control an
animal, if a Code Enforcement Officer or Police Officer determines that the animal presents a
danger to any person or domestic animal, it shall be lawful for the officer to destroy the animal
without notice to the animal owner.
Section 4. General Provisions Applicable to this Ordinance
The following general provisions and findings are applicable to the interpretation and application
of this Ordinance:
A. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the application
thereof to any person or circumstances shall for any reason be adjudged by a court of competent
jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this
Ordinance or its application to other persons or circumstances.
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8
B. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or
conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such
inconsistency or conflict.
C. Effect of repeal or modification. The repeal or modification of any provision of the Code
of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change
in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have
been incurred under such provision, and each provision shall be treated and held as still remaining
in force for the purposes of sustaining any and all proper actions, suits, proceedings, and
prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose
of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in
such actions, suits, proceedings, or prosecutions.
D. Safety Clauses. The City Council hereby finds, determines, and declares that this
Ordinance is promulgated under the general police power of the City of Englewood, that it is
promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and welfare.
The City Council further determines that the Ordinance bears a rational relation to the proper
legislative object sought to be obtained. This Safety Clause is not intended to affect a Citizen right
to challenge this Ordinance through referendum pursuant to City of Englewood Charter 47.
E. Publication. Publication of this Ordinance may be in the City’s official newspaper, the
City’s official website, or both. Publication shall be effective upon the first publication by either
authorized method.
F. Actions Authorized to Effectuate this Ordinance. The Mayor is hereby authorized and
directed to execute all documents necessary to effectuate the approval authorized by this
Ordinance, and the City Clerk is hereby authorized and directed to attest to such execution by the
Mayor where necessary. In the absence of the Mayor, the Mayor Pro Tem is hereby authorized to
execute the above-referenced documents. The execution of any documents by said officials shall
be conclusive evidence of the approval by the City of such documents in accordance with the terms
thereof and this Ordinance. City staff is further authorized to take additional actions as may be
necessary to implement the provisions of this Ordinance.
G. Enforcement. To the extent this ordinance establishes a required or prohibited action
punishable by law, unless otherwise specifically provided in Englewood Municipal Code or
applicable law, violations shall be subject to the General Penalty provisions contained within
EMC § 1-4-1.
Introduced, read in full, and passed on first reading on the _____ day of November, 2022.
Published by Title as a Bill for an Ordinance in the City’s official newspaper on the ___day
of November, 2022.
Published as a Bill for an Ordinance on the City’s official website beginning on the ___
day of November, 2022 for thirty (30) days.
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9
Othoniel Sierra, Mayor
ATTEST:
Stephanie Carlile, City Clerk
I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the above
and foregoing is a true copy of the Bill for an Ordinance introduced, read in full, and passed on
first reading on the 7th day of November, 2022.
Stephanie Carlile
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COUNCIL COMMUNICATION
TO: Mayor and Council
FROM: Jackie Loh
DEPARTMENT: Finance
DATE: November 7, 2022
SUBJECT:
CB 67 - Approve a bill for an ordinance to increase the Waste
Transfer Surcharge from $.50 per cubic yard to $.63 per cubic
yard effective January 1, 2023
DESCRIPTION:
CB 67 - Approve a bill for an ordinance to increase the Waste Transfer Surcharge from $.50 per
cubic yard to $.63 per cubic yard effective January 1, 2023
RECOMMENDATION:
Staff requests that City Council consider and approve the attached bill for an ordinance
amending 4-7-3 (Surcharge Imposed) of the Englewood Municipal Code to increase the Waste
Transfer Surcharge from $.50 per cubic yard to $.63 per cubic yard.
PREVIOUS COUNCIL ACTION:
• In 1987 the Waste Transfer Surcharge was established at $.20 per cubic yard
• In 2012, the Waste Transfer Surcharge was revised from $.20 per cubic yard to $.50 per
cubic yard
SUMMARY:
In 1987, the City of Englewood imposed a surcharge of $.20 per cubic yard of waste to offset
the impact of heavy vehicles and other traffic using the waste transfer station on the City of
Englewood's streets and bridges.
This fee was last revised in 2012 (from $.20 per cubic yard to $.50 per cubic yard); however, the
cost of street and bridge repair and replacement continues to increase.
ANALYSIS:
The Consumer Price Index (CPI) has increased annually on average 2.8% over the past ten
years or approximately 30.9% for the ten-year period. The proposed fee increase of $.13 per
cubic yard or approximately 26% percent will generate approximately $217,000 which will be
used to offset the ongoing cost of street and bridge repair maintenance.
Effective
Year Measurement Fee $ Change % Change
1987 Cubic Yard $.20
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2012 Cubic Yard $.50 $.30 150%
2023 Cubic Yard $.63 $.13 26%
COUNCIL ACTION REQUESTED:
Staff requests that City Council consider and approve the attached bill for an ordinance
amending section 4-7-3 (Surcharge Imposed) of the Englewood Municipal Code. The ordinance
will increase the Waste Transfer Surcharge from $.50 per cubic yard to $.63 per cubic yard and
is effective January 1, 2023.
FINANCIAL IMPLICATIONS:
Effective January 1, 2023 is a proposed fee increase to the Waste Transfer Surcharge. The
proposed $.13 per cubic yard increase will generate approximately $217,000 and will change
the current fee from $.50 per cubic yard to $.63 per cubic yard.
CONNECTION TO STRATEGIC PLAN:
This resolution for the city's comprehensive 2023 Fee and Rate Schedule is linked to the
following Englewood Community outcome: Governance: A city government that is
accountable, effective, and efficient
OUTREACH/COMMUNICATIONS:
Staff has informed Waste Management, the owner of the Englewood waste transfer station of
this proposed change.
ATTACHMENTS:
CB 67 - An Ordinance to amend section 4-7-3 (Surcharge Imposed) of the Englewood Municipal
Code
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1
BY AUTHORITY
ORDINANCE NO. ____ COUNCIL BILL NO. 67
SERIES OF 2022 INTRODUCED BY COUNCIL
MEMBER _________________
A BILL FOR
AN ORDINANCE AMENDING TITLE 4, CHAPTER 7, SECTION 4-7-3 OF
ENGLEWOOD MUNICIPAL CODE REGARDING WASTE TRANSFER
SURCHARGE
WHEREAS, the City Waste Transfer Surcharge imposes a fee on each cubic yard or portion
thereof by each person disposing of trash at a waste transfer facility to offset the impact of heavy
vehicles and other traffic using the waste transfer station on the City’s streets and bridge; and
WHEREAS, the City of Englewood last increased its waste transfer surcharge on January
1, 2012, pursuant to Ordinance No. 56, Series of 2011; and
WHEREAS, the cost of street and bridge repairs and replacement have increased
significantly since 2012; and
WHEREAS, the City is required to increase its Waste Transfer Surcharge to ensure it has
sufficient funds to repair and maintain its streets necessitated by heavy vehicles and traffic using
the waste transfer station.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. Amendment of Englewood Municipal Code
Title 4, Chapter 7, Section 4-7-3 of Englewood Municipal Code, is hereby amended as follows
(new provisions in italics, deletions struck through):
4-7-3: - Surcharge Imposed.
On and after the effective date hereof, there is hereby levied and shall be paid and collected a
surcharge of fifty cents ($0.50) on each cubic yard or portion thereof by In addition to all other
taxes, surcharges, and fees imposed by law, each person disposing of trash at a waste transfer
facility (including any person upon each person disposing of trash by the person’s his own
vehicle at theirhis own facility, whether for a charge or not), shall pay to the City of Englewood a
Waste Transfer Surcharge in an amount set by City Council. Said surcharge is in addition to all
other taxes, surcharges and fees imposed by law.
Section 2. Waste Transfer Surcharge Rate
Effective January 1, 2023, the City of Englewood Waste Transfer Surcharge shall be sixty-three
cents ($0.63) on each cubic yard or portion thereof of trash disposed. The amount of this
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Surcharge shall be included in the City’s Comprehensive Schedule of Fee and Rates, and paid to
the City of Englewood.
Section 3. General Provisions Applicable to this Ordinance
The following general provisions and findings are applicable to the interpretation and application
of this Ordinance:
A. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the application
thereof to any person or circumstances shall for any reason be adjudged by a court of competent
jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this
Ordinance or its application to other persons or circumstances.
B. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or
conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such
inconsistency or conflict.
C. Effect of repeal or modification. The repeal or modification of any provision of the Code
of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change
in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have
been incurred under such provision, and each provision shall be treated and held as still remaining
in force for the purposes of sustaining any and all proper actions, suits, proceedings, and
prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose
of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in
such actions, suits, proceedings, or prosecutions.
D. Safety Clauses. The City Council hereby finds, determines, and declares that this
Ordinance is promulgated under the general police power of the City of Englewood, that it is
promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and welfare.
The City Council further determines that the Ordinance bears a rational relation to the proper
legislative object sought to be obtained. This Safety Clause is not intended to affect a Citizen right
to challenge this Ordinance through referendum pursuant to City of Englewood Charter 47.
E. Publication. Publication of this Ordinance may be in the City’s official newspaper, the
City’s official website, or both. Publication shall be effective upon the first publication by either
authorized method.
F. Actions Authorized to Effectuate this Ordinance. The Mayor is hereby authorized and
directed to execute all documents necessary to effectuate the approval authorized by this
Ordinance, and the City Clerk is hereby authorized and directed to attest to such execution by the
Mayor where necessary. In the absence of the Mayor, the Mayor Pro Tem is hereby authorized to
execute the above-referenced documents. The execution of any documents by said officials shall
be conclusive evidence of the approval by the City of such documents in accordance with the terms
thereof and this Ordinance. City staff is further authorized to take additional actions as may be
necessary to implement the provisions of this Ordinance.
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Introduced, read in full, and passed on first reading on the 7th day of November, 2022.
Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 10th
day of November, 2022.
Published as a Bill for an Ordinance on the City’s official website beginning on the 9th
day of November, 2022 for thirty (30) days.
Othoniel Sierra, Mayor
ATTEST:
Stephanie Carlile, City Clerk
I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the
above and foregoing is a true copy of the Bill for an Ordinance introduced, read in full, and passed
on first reading on the 7th day of November, 2022.
Stephanie Carlile
Page 284 of 330
COUNCIL COMMUNICATION
TO: Mayor and Council
FROM: Tamara Niles
DEPARTMENT: City Attorney's Office
DATE: November 7, 2022
SUBJECT:
CB 69 - Approve a bill for an ordinance creating Englewood
Municipal Code establishing standard provisions for City contracts
DESCRIPTION:
CB 69 - The City Attorney's Office independently negotiates each contract, often advocating for
the same provisions each time. The proposed ordinance establishes these provisions as part of
Municipal Code, that can be incorporated by reference in contracts rather than requiring an
independent negotiation
RECOMMENDATION:
Approve an ordinance adding Englewood Municipal Code section 4-1-3-4 to establish municipal
contracting processes.
PREVIOUS COUNCIL ACTION:
None.
SUMMARY:
Staff recommends Council approve a Bill for an Ordinance amending Englewood Municipal
Code to establish municipal contracting processes. The City Attorney's Office independently
negotiates each contract, often advocating for the same provisions in accordance with best
practices for municipal contracting. Some of the provisions that require negotiation are terms
that Courts have held apply to municipal entities or that are required for inclusion under the
Colorado Constitution or statute. However, City vendors often challenge inclusion of the
provisions. This leads to an extended negotiation requiring significant vendor education and
negotiation by City staff. City staff determined the adoption of guidelines and standard contract
provisions for all contractual agreements with the City will provide for efficient procurement
standards, mitigate risk for the City, reduce the length of contracts and purchase orders, and
reduce staff time spent in negotiating contractual terms that are otherwise required by law and
generally non-negotiable.
ANALYSIS:
The proposed Ordinance amends Title 4, Chapter 1, Section 3-4 to include provisions for
required contract requirements and provisions as well as to identify prohibited contractual
provisions. As set forth in the Ordinance, the following contract provisions will be incorporated
into each contract to which the City is a party, unless the provision is specifically waived by the
City:
• Taxpayer Bill of Rights (TABOR). This provision is included to address contract
obligations that cover more than one fiscal period or that includes an option to renew in
Page 285 of 330
order to express that the intent of the agreement is not to create a multiple-year financial
obligation that would require voter-approval under TABOR.
• Taxes. This provision makes clear the City is exempt from certain tax obligations and will
not be responsible for any taxes for which is it exempt.
• Assignment. This provision includes the procedure for an authorized assignment of a
party’s obligation under an agreement with the City.
• Contract Binding. This provision requires any successor in interest of a party to honor
the agreement with the City.
• Force Majeure. This provision provides for circumstances under which the parties will
be excused from performing their obligations under a contract.
• Independent Contractor. This provision explains the relationship between the City and
the contracting party, i.e. an independent contractor, as opposed to an employee.
• Cannot Bind City. This provision provides that the contracting party does not have
authority to act for or bind the City.
• Third Party Beneficiaries. This provision provides that non-contractual parties have no
rights to enforce the contract's terms.
• No Oral Modification. This provision provides that any amendment to the agreement
must be in writing to be enforceable.
• Choice of Law. This provision provides that the contract will be interpreted under
Colorado law, should there be any disputes regarding the contract, jurisdiction and
venue shall be in the District Court sitting in and for the County of Arapahoe, State of
Colorado.
• Compliances. This provision requires the contracting party to comply with all applicable
state, federal and local law, rules and regulations, technical standards or specifications
issued by the City.
• Response to request for solicitations. This provision incorporates into any agreement
the contracting party’s response to a City solicitation.
• Indemnification. This provision requires to the fullest extent permitted by law that the
contracting party indemnify and hold harmless the City from any and all losses, damages
or expenses of any kind arising out of any and all claims, demands, or causes of action
initiated against the City and arising out of the agreement.
Additionally, the proposed Ordinance will amend Municipal Code to prohibit the inclusion of
provisions that expose the City to increased contractual risk and potential liability, including:
• Any attempted reallocation of risk contrary to common law or statute;
• Any attempt to require the City to indemnify or hold harmless another person or entity,
except as otherwise required by law; and
• Any attempt to require binding arbitration or any other binding extra-judicial dispute
resolution process.
COUNCIL ACTION REQUESTED:
Approve an ordinance adding Englewood Municipal Code section, 4-1-3-4 to establish municipal
contracting processes.
FINANCIAL IMPLICATIONS:
No financial impact to the City is contemplated.
ATTACHMENTS:
Council Bill #69
Page 286 of 330
1
BY AUTHORITY
ORDINANCE NO. ____ COUNCIL BILL NO. 69
SERIES OF 2022 INTRODUCED BY COUNCIL
MEMBER _________________
A BILL FOR
AN ORDINANCE AMENDING ENGLEWOOD MUNICIPAL CODE TO
ESTABLISH MUNICIPAL CONTRACTING PROCESSES
WHEREAS, the City of Englewood, Colorado, (the “City”), is a home rule municipality,
organized and existing under Article XX, Section 6 of the Colorado Constitution; and
WHEREAS, pursuant to Article XX, Section 6 of the Colorado Constitution, the right to
enact, administer and enforce policies for procurement and contracting processes is within the
constitutional grant of power to the City and is necessary to conduct the affairs and render the
services performed by the City; and
WHEREAS, applicable laws require inclusion of certain provisions in City contracts, but
City vendors often challenge inclusion of the provisions which require significant vendor
education and negotiation by City staff; and
WHEREAS, City staff determined the adoption of guidelines and standard contract
provisions for all contractual agreements with the City will provide for efficient procurement
standards, mitigate risk for the City, reduce the length of contracts and purchase orders, and reduce
staff time spent in negotiating contractual terms that are otherwise required by law and generally
non-negotiable; and
WHEREAS, the City finds and determines that it is in the best interest of the City to
amend Englewood Municipal Code to add Title 4, Chapter 1, Section 3-4 accordingly.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO:
Section 1. Amendment of Title 4, Chapter 1, Section 3-4. Title 4, Chapter 1, Section
4-1-3-4 shall be added to Englewood Municipal Code to read as follows (new provisions in italics):
4-1-3-4: Contract Requirements and Provisions.
A. No Liability Without Appropriation. Neither City Council, nor the Mayor, nor any
administrative officer or employee of the City shall have authority to make any contract involving
the expenditure of public money, or impose upon the City any liability to pay money, unless and
until a definite amount of money shall have been appropriated for the liquidation of all pecuniary
liability of the City under such contract or in consequence thereof to mature during the period
covered by the appropriation. Such contract shall be ab initio null and void as to the City for any
other or further liability, provided, first, that nothing herein contained shall prevent the Council
from providing for payment of any expense, the necessity of which is caused by any casualty,
accident, or unforeseen contingency arising after the passage of the annual appropriation
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2
ordinance; and, second, that the provisions of this section shall not apply to or limit the authority
conferred in relation to bonded indebtedness, nor for monies to be collected by special assessments
for local improvements.
B. Contracting Parties. The City shall not make any contract with any person who is in
default to the City.
C. Required Contractual Provisions. Unless specifically waived or amended by written
agreement with reference to the subsection below, or in the City’s solicitation, or included as
alternate provisions to the solicitation, every contract, purchase order, or other agreement
purporting to bind the City of Englewood (collectively “Contract”) shall be subject to and include
the following provisions, whether or not specifically incorporated by reference in the Contract:
1. Taxpayer Bill of Rights (TABOR). This Contract is expressly made subject to the
limitations of the Colorado Constitution. Nothing herein shall constitute, nor be deemed
to constitute, the creation of a debt or multiyear fiscal obligation or an obligation of future
appropriations by the City Council of Englewood contrary to Article X, Section 20 of the
Colorado Constitution (“TABOR”), or any other constitutional, statutory, charter, or
municipal code debt limitation. Notwithstanding any other provision of this Contract, all
payment obligations of the City are expressly dependent and conditioned upon the
continuing availability of funds beyond the term of City's current fiscal period ending upon
the next succeeding December 31. Financial obligations of the City payable after the
current fiscal year are contingent upon funds for the Contract being specifically
appropriated, budgeted, and otherwise made available in accordance with the rules,
regulations, and resolutions of the City and applicable law. Upon the failure to specifically
budget and appropriate funds for the Contract, this Contract shall be deemed terminated
automatically at the end of the current fiscal year without recourse to the City.
2. Taxes. City is exempt from any taxes levied on real or personal property or on the
sale or use as a consumer in its capacity as a governmental entity. Taxes of which the City
is exempt shall not be included in the contract price or subsequent charges for additional
services, and shall not be chargeable to or paid by the City.
3. Assignment. An attempt to assign any interest in this Contract or any Contract
documents, including to moneys due or that may become due, without prior written consent
by the City shall be null and void at the City’s sole discretion, unless otherwise authorized
by law. Unless specifically authorized by the City’s written consent to assignment, no
assignment releases or discharges the Assignor from any duty or responsibility under this
Contract or any Contract documents.
4. Contract Binding. This Contract shall be binding on and inure to the benefit of the
parties hereto, their heirs, executors, administrators, assigns and successors.
5. Force Majeure. The parties to this Contract shall be excused from performance
hereunder during the time and to the extent that they are prevented from obtaining,
delivering, or performing by an act of God, fire, strike, loss, shortage of transportation
Page 288 of 330
3
facilities, lock-out, or the commandeering of materials, products, plants or facilities by the
government when satisfactory evidence thereof is presented to the other party(ies),
provided that it is satisfactorily established that the non-performance is not due to the fault
or neglect of the party not performing.
6. Independent Contractor. Unless specifically stated otherwise, vendors, entities,
individuals, and others contracting with the City (hereafter “Contracting Parties”) are at
all times acting and performing as an independent contractor, and the City shall neither
have nor exercise any control or direction over the manner and means by which the
contracting party performs their obligations under this Contract, except as stated within
the Contract terms. Contracting Parties expressly understand and agree:
a. They are an independent contractor responsible for knowing how to
perform all work or tasks necessary to complete the contractual scope of work;
b. Their employees, agents, servants, or other personnel are not City
employees;
c. They are solely responsible for payment of salaries, wages, payroll taxes,
unemployment benefits or any other form of compensation or benefit to Contracting Parties
or any of their employees, agents, servants or other personnel performing services or work
under this Contract, whether it is of a direct or indirect nature; and
d. Neither Contracting Parties nor their employees, agents, servants or other
personnel shall be entitled to any City payroll, insurance, unemployment, worker's
compensation, retirement or any other benefits whatsoever in excess of the stated amount
payable to the Contracting Parties within this Contract.
7. Cannot Bind City. Contracting Parties do not have actual or apparent authority to
act for or bind the City in any respect whatsoever, or to incur any debts or liabilities in the
name of or on behalf of the City.
8. Third Party Beneficiaries. This Contract is entered into solely for the benefit of the
parties hereto and shall not confer any rights upon any person or entity not a party to this
Contract.
9. No Oral Modification. Any waiver, amendment, modification, consent or
acquiescence with respect to this Contract or any provision of this Contract or with respect
to any failure to perform in accordance therewith shall be set forth in writing and duly
executed by or on behalf of the party to be bound thereby.
10. Choice of Law. This Contract is subject to and shall be interpreted under the law
of the State of Colorado, and the Charter, Municipal Code, Ordinances, Rules and
Regulations of the City of Englewood, Colorado, a Colorado Home Rule City. Court
jurisdiction and venue shall be exclusively in the District Court sitting in and for the County
of Arapahoe, State of Colorado.
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4
11. Compliances. The contracting party shall comply with all applicable state, federal
and local law, rules and regulations, technical standards or specifications issued by the
City. The contracting party must qualify for and obtain any required licenses prior to
commencement of work. Each and every provision of law and clause required by law to
be inserted into this Contract shall be read and enforced as though it were included as part
of the Contract whether or not expressly stated or incorporated by reference.
12. Response to solicitation. For all Contracts following a City solicitation such as an
invitation for bids or request for proposals, the solicitation, Contracting Party response,
bid, and other related documents are incorporated by reference in this Contract as if fully
set forth herein and shall be a binding obligation upon the Contracting Party, unless
specifically amended or stated otherwise in the Contract.
13. Indemnification. To the fullest extent permitted by law, Contracting Parties agree
to indemnify and hold the City harmless from any and all losses, damages or expenses of
any kind arising out of any and all claims, demands, or causes of action initiated against
the City and arising out of the Contracting Party’s scope of work, action, or inaction under
this Contract.
D. Prohibited Contractual Provisions. Unless specifically waived or amended by written
agreement with reference to the subsection below, or in the City’s solicitation, or included as
alternate provisions to the solicitation, any of the following provisions within a Contract
purporting to bind the City shall be null and void:
1. Any diminishment of the common law or statutory standard of care, limitation of
liability, or other attempt to reduce responsibility for mistake, error, or negligence of any
type on the part of the Contracting Party, its contractors, or any other party working on
behalf of the Contracting Party;
2. Attempts to limit liability for breach of contract or negligent performance to the
amount of the payment to the Contracting Party by the City;
3. Attempt to claim ownership of intellectual property created during the performance
of the contract with the City;
4. Provision for damages for breach by owner contrary to common law or statute
including, but not limited to, any attempt to provide for attorney fees as part of recoverable
damages;
5. Any other attempted reallocation of risk contrary to common law or statute;
6. Any attempt to eliminate the City's ability to collect consequential, exemplary or
punitive damages, or any other measure of damages permitted by law, in an action against
the Contracting Party or others arising out of breach of contract or performance of work
thereunder;
7. Any attempt to require the City to indemnify or hold harmless another person or
entity, except as otherwise required by law; and
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5
8. Any attempt to require binding arbitration or any other binding extra-judicial
dispute resolution process.
E. Conflict between Code and Contract. To the extent a provision of any Contract entered
into by or on behalf of the City conflicts with any provision of this Section, the provision contained
within this Section shall prevail and the conflicting provision in the Contract shall be null and void
and unenforceable as to the City.
Section 2. The following general provisions and findings are applicable to the
interpretation and application of this Ordinance:
A. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the application
thereof to any person or circumstances shall for any reason be adjudged by a court of competent
jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this
Ordinance or its application to other persons or circumstances.
B. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or
conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such
inconsistency or conflict.
C. Effect of repeal or modification. The repeal or modification of any provision of the Code
of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change
in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have
been incurred under such provision, and each provision shall be treated and held as still remaining
in force for the purposes of sustaining any and all proper actions, suits, proceedings, and
prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose
of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in
such actions, suits, proceedings, or prosecutions.
D. Safety Clauses. The City Council hereby finds, determines, and declares that this
Ordinance is promulgated under the general police power of the City of Englewood, that it is
promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and welfare.
The City Council further determines that the Ordinance bears a rational relation to the proper
legislative object sought to be obtained. This Safety Clause is not intended to affect a Citizen right
to challenge this Ordinance through referendum pursuant to City of Englewood Charter 47.
E. Publication. Publication of this Ordinance may be in the City’s official newspaper, the
City’s official website, or both. Publication shall be effective upon the first publication by either
authorized method.
F. Actions Authorized to Effectuate this Ordinance. The Mayor is hereby authorized and
directed to execute all documents necessary to effectuate the approval authorized by this
Ordinance, and the City Clerk is hereby authorized and directed to attest to such execution by the
Mayor where necessary. In the absence of the Mayor, the Mayor Pro Tem is hereby authorized to
execute the above-referenced documents. The execution of any documents by said officials shall
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6
be conclusive evidence of the approval by the City of such documents in accordance with the terms
thereof and this Ordinance. City staff is further authorized to take additional actions as may be
necessary to implement the provisions of this Ordinance.
G. Enforcement. To the extent this ordinance establishes a required or prohibited action
punishable by law, unless otherwise specifically provided in Englewood Municipal Code or
applicable law, violations shall be subject to the General Penalty provisions contained within
EMC § 1-4-1.
Introduced, read in full, and passed on first reading on the 7th day of November, 2022.
Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 10th
day of November, 2022.
Published as a Bill for an Ordinance on the City’s official website beginning on the 9th day
of November, 2022 for thirty (30) days.
Othoniel Sierra, Mayor
ATTEST:
Stephanie Carlile, City Clerk
I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the
above and foregoing is a true copy of the Bill for an Ordinance introduced, read in full, and passed
on first reading on the 7th day of November, 2022.
Stephanie Carlile
Page 292 of 330
Ordinance establishing standard provisions for City contracts
Victoria McDermott
Deputy City Attorney
Page 293 of 330
•The City Attorney's Office independently negotiates each contract to which the City is a party.
•Certain provisions require vendor education and extended negotiation.
Taxpayer Bill of Rights (TABOR)
City indemnification
Choice of law and venue provision
•The proposed ordinance establishes these contract provisions as part of Municipal Code, improving efficiency in the negotiation and drafting process.
Background
Page 294 of 330
Required provisions:
•Taxpayer Bill of Rights (TABOR)•No Oral Modification.
•Taxes •Choice of Law
•Assignment •Compliances
•Contract Binding •Force Majeure
•Independent Contractor •Cannot Bind City.
•Third Party Beneficiaries. • Indemnification
•Response to solicitation
Summary Page 295 of 330
Prohibited contractual provisions:
• Any attempted reallocation of risk contrary to common law or statute;
• Any attempt to require the City to indemnify or hold harmless another person or entity, except as otherwise required by law; and
• Any attempt to require binding arbitration or any other binding extra-judicial dispute resolution process.
Summary Page 296 of 330
•Improve efficiency
•Reduce liability
•Reduce length of contracts and terms and conditions
“Vendor recognizes and agrees that all provisions applicable to this agreement under law are hereby incorporated by reference as if fully set forth herein, including but not limited to, Englewood Municipal Code 4-1-3-4. To the extent any provision of this agreement and such law are in conflict, the parties recognize and agree that the provisions of applicable law shall prevail.”
Impact to Contracting Practice
Page 297 of 330
Consider an Ordinance amending Englewood Municipal Code to include section 4-1-3-4 establishing municipal contracting processes.
Recommendation Page 298 of 330
QUESTIONS?Page 299 of 330
COUNCIL COMMUNICATION
TO: Mayor and Council
FROM: Jackie Loh
DEPARTMENT: Finance
DATE: November 7, 2022
SUBJECT: 2023 Fees and Rates Schedule
DESCRIPTION:
2023 Fees and Rates Schedule
RECOMMENDATION:
Staff recommends City Council to approve the comprehensive 2023 Fee and Rate Schedule
Resolution. This 2023 schedule will be posted to the city's website and is accessible at the
following link:
https://www.englewoodco.gov/government/city-departments/new-finance
PREVIOUS COUNCIL ACTION:
Since 2018, City Council has annually reviewed and considered for approval by resolution the
city's comprehensive fees and rates schedule. Prior to this process, the listing of rates and fees
were kept within the various departments rather than a single repository. Also, as rates and/or
fees needed to be updated, each department would request City Council to consider each change
at different times throughout the year. The current process is more efficient by providing an
annual resolution to communicate changes to the rates and fees as well as provide a
comprehensive listing of city rates and fees.
Rate and fee changes that are set by Ordinance will continue to be established by that process.
In addition to staff addressing changes to specific fees and rates during the 2023 budgeting
process, the following council actions were taken:
• June 27, 2022 - City Council approved on second reading Ordinance No. 30, Series
2022 authorizing the Stormwater Utility fee increases effective January 1, 2023
• November 7, 2022 - Tonight City Council will consider approving a bill for an ordinance
to amend section 4-7-3 (Surcharge Imposed) of the Englewood Municipal Code to
increase the Waste Transfer Surcharge from $.50 per cubic yard to $.63 per cubic yard
effective January 1, 2023
SUMMARY:
The comprehensive 2023 Schedule of Service, License and Permit Fees and Utility Rates (please
see attachment #A) is provided by the Finance Department enabling City Council and the
Englewood community to easily view fees and rates for services provided by the city.
Page 300 of 330
Following are the major changes incorporated into the 2023 Fee and Rate Schedule, effective
January 1, 2023 (please refer to attachment B for a listing of fees and rates changed):
General Fund
• Administration Department - increase the City Clerk's Office Marijuana Application and
Licensing Fees
• Finance Department increase to the Waste Transfer Surcharge from $.50 to $.63 per cubic
yard - Council Bill #67 presented tonight for an ordinance to amend section 4-7-3
(Surcharge Imposed) of the Englewood Municipal Code to increase the Waste Transfer
Surcharge.
• Parks, Recreation, Library and Golf Department increase to the Pirates Cove Daily
Admission Fee, Kids Connection Camp, Excursions, Events, Set-Up Rental Fees and
General Fitness Classes Fees
Golf Course Fund
• Various increases on the Englewood Broken Tee Green, Cart Rental and Driving Range
Fees
Water Fund
Consistent with the long-term financial planning conducted in 2020, the following rate increases
are recommended:
• 4.5% Water Rate increase to fund the on-going operation, maintenance and capital
improvements of the Water Utility
• 3.25% Water Connection/Tap Permit Fees increase to fund the on-going capital
improvements associated with new development
• Monthly increase to the Capital Investment Fee (CIF) by meter size. The monthly CIF is
charged based on meter size, and is scheduled to increase every other year as
recommended in the 2020 Water and Sewer Rates and Fess Study
• Development Plan Review Fees (New) - Annual revenue generated from these
proposed fees will vary depending on the number and complexity of development
reviews assigned to the Utilities Department each year. Implementation of these
proposed fees ensures the costs associated with development or redevelopment are
paid by developers and are not subsidized by the utility ratepayers.
Proposed Fee Description Proposed Amount
Internal Engineer Labor $135 per hour
Reimbursement of Third-Party Engineer
Labor Range between $100 per hour-$175 per hour
Utilities Technician Labor $46 per hour
Fire Hydrant Flow Test $225 per test
Sewer Fund
Consistent with the long-term financial planning conducted in 2020, the following rate increases
are recommended:
• 4.5% Sewer Rate increase to fund the on-going operation, maintenance and capital
improvements of the Sewer Utility.
• 3.25% Sewer Connection/Tap Permit Fees and Surcharge increases was approved to
fund new development.
• Development Plan Review Fees (New) - Annual revenue generated from these
proposed fees will vary depending on the number and complexity of development
reviews assigned to the Utilities Department each year. Implementation of these
Page 301 of 330
proposed fees ensures the costs associated with development or redevelopment are
paid by developers and are not subsidized by the utility ratepayers.
Proposed Fee Description Proposed Amount
Internal Engineer Labor $135 per hour
Reimbursement of Third-Party Engineer
Labor Range between $100 per hour-$175 per hour
Utilities Technician Labor $46 per hour
Stormwater Drainage Fund
• Ordinance No. 30, Series 2022 - Approved June 27, 2022
o A $14 per quarter (from $43.74 to $57.74) residential bill increase and $.0482 per
square foot (previously $.0365) of impervious surface charge for commercial
properties was approved to finance the on-going operation, maintenance and
capital improvements of the Stormwater Utility. The residential invoices billed
monthly will increase by approximately $4.67.
ANALYSIS:
The comprehensive 2023 Schedule of Service, License and Permit Fees and Utility Rates (please
see attachment #A) is provided by the Finance Department enabling City Council and the
Englewood community to easily view fees and rates for services provided by the city.
Following are the major changes incorporated into the 2023 Fee and Rate Schedule, effective
January 1, 2023 (please refer to attachment B for a listing of fees and rates changed):
Fees and rates are reviewed during the annual budgeting process to ensure that costs are being
appropriately allocated for the services the City provides.
The 2023 Budget includes the following revenue estimates from the new rate increases:
General Fund
• Administration Department - $6K in additional revenue is estimated from the increase to
the City Clerk's Office Marijuana Application and Licensing Fees
• Finance Department - $217K in additional revenue is estimated from the increase to the
Waste Transfer Surcharge Fee from $.50 to $.63 per cubic yard
• Parks, Recreation, Library and Golf Department
o $90K in additional revenue is estimated from the increase to the Pirates Cove Daily
Admission Fee
o $17K in additional revenue is estimated from increases to Kids Connection Camp,
Excursions, Events, Set-Up Rental Fees and General Fitness Classes Fees
Enterprise Funds
• Golf Course Fund - $78K in additional revenue from an increase to the Golf Course
Green, Cart Rental and Driving Range Fees, (Parks, Recreation, Library and Golf
Department)
• Water Fund (Utilities Department)
o $216K in additional revenue is estimated from the 4.5% increase to the water rates
o $26K in additional revenue is estimated from the 3.25% connection/tap permit fees
o $160K in additional revenue is estimated from the Capital Investment Fee, $1.00
per month
Page 302 of 330
o Annual Revenue from the new Development Plan Review Fees will vary based on
number and development project complexity
• Sewer Fund (Utilities Department)
o $933K in additional revenue is estimated from the 4.5% increase to the sewer rates
o $12K in additional revenue is estimated from the 3.25% connection/tap permit fees
o Annual Revenue from the new Development Plan Review Fees will vary based on
number and development project complexity
• Stormwater Drainage Fund (Public Works Department)
o $1M in additional revenue is estimated from the $14 quarterly ($4.67 monthly)
residential bill increase and $.0117 increase per square footage of impervious
surface commercial bill increase to the stormwater utility rate on residential and
commercial properties.
COUNCIL ACTION REQUESTED:
Staff is requesting City Council's approval of the attached comprehensive 2023 Schedule of
Service, License and Permit Fees and Utility Rates (attachment A).
FINANCIAL IMPLICATIONS:
Please refer to the analysis section above.
CONNECTION TO STRATEGIC PLAN:
This resolution for the city's comprehensive 2023 Fee and Rate Schedule is linked to the
following Englewood Community outcome: Governance: A city government that is
accountable, effective, and efficient
ATTACHMENTS:
Resolution
B - 2023 Schedule of Service, License and Permit Fees and Utility Rates - Updates Only
A - 2023 Schedule of Service, License and Permit Fees and Utility Rates
Page 303 of 330
1
RESOLUTION NO.
SERIES OF 2022
A RESOLUTION ADOPTING THE 2023 FEE AND UTILITY RATE
SCHEDULE FOR THE CITY OF ENGLEWOOD, COLORADO.
WHEREAS, Englewood Municipal Code requires many service, license and permit
fees to be set by Resolution of the City Council;
WHEREAS, the City Council desires to incorporate all Service, License and Permit
Fees and Utility Rates established by the City Council through ordinance, resolution or
motion into a single Fee and Rate Schedule to provide an opportunity for the City Council
to annually review, update and approve all Fees and Rates of the City of Englewood; and
WHEREAS, by and through this Resolution those fees and rates established by
resolution are hereby adopted, and those Service, License and Permit Fees and Utility Rates
established by ordinance, resolution, motion, or otherwise are hereby incorporated to create
a single document within which all Fees and Rates of the City are included.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD, COLORADO, THAT:
SECTION 1. ADOPTION.
The 2023 Schedule of Service, License and Permit Fees and Utility Rates (Schedule),
attached hereto and incorporated by reference as if fully set forth herein, is hereby adopted
and approved for use within the corporate limits of the City of Englewood, Colorado. The
services, license, permit, rate, utility, and other fees contained within the Schedule shall be
effective as of January 1, 2023.
SECTION 2. PUBLIC RECORD.
This schedule shall be open to inspection and available to the public at all reasonable hours.
SECTION 3. INCORPORATION OF ADOPTED FEES.
All Service, License and Permit Fees previously adopted by Ordinance, Resolution or
regular motion of the Governing Body of the City of Englewood, not currently incorporated
into the Schedule, and not in conflict with, amended or repealed by action of approval of
the Schedule, shall be incorporated into the Schedule whether specifically directed to be
incorporated or not.
Page 304 of 330
2
SECTION 4. REPEAL.
All Service, License and Permit Fees, or portions thereof, inconsistent or conflicting with
the Schedule attached hereto, which were set by Resolution or regular motion, are hereby
repealed to the extent of such inconsistency or conflict. Any Rates or Fees mandated to be
set by Ordinance are not affected by this Repealer Clause.
ADOPTED AND APPROVED this 7th day of November, 2022.
Othoniel Sierra, Mayor
Attest:
Stephanie Carlile, City Clerk
I, Stephanie Carlile, City Clerk for the City of Englewood, Colorado, hereby certify
the above is a true copy of Resolution No. ____, Series of 2022.
__________________________
Stephanie Carlile
Page 305 of 330
Attachment B - 2023 New Fees and/or RatesCity of Englewood, Colorado
Schedule of Service, License and Permit Fees and Utility Rates - Changes in 2023
Effective January 1, 2023 unless otherwise stated
Department Type Description Description Details Fees and Rates Effective
1/1/2023
Proposed Increase to Fee
or Rate
Effective 1/1/2023
Current Rate
Administration Licensing Fees Manager Change $30.00 ($45.00)$75.00
Administration Licensing Fees New Liqour License $1,000.00 ($500.00)$1,500.00
Administration Licensing Fees Liquor Transfer of Ownership $750.00 ($750.00)$1,500.00
Administration Licensing Fees Marijuana Renewal License $1,500.00 $500.00 $1,000.00
Administration Licensing Fees Marijuana Renewal Application $1,500.00 $500.00 $1,000.00
Administration LIcensing Fees Marijuana New License $1,500.00 $500.00 $1,000.00
Administration Licensing Fees Marijuana New Application $1,500.00 $500.00 $1,000.00
Administration Licensing Fees Marijuana Transfer License $1,500.00 $500.00 $1,000.00
Administration Licensing Fees Marijuana Transfer Application $1,500.00 $500.00 $1,000.00
Administration Open Records Request Copy Charges - Black/White - per page
fee
Total copy charges under
$5.00 will be waived
$0.25 $0.15 $0.10
Police Reports Body and dash camera BWC footage $25 minimum first hour $25 per hour after initial Same
Police Code Enforcement Re-Inspection fee $55.00 $55.00 New Fee
Parks, Recreation,
Library and Golf
Golf Course Fees Green Fees Varies $3-$46 $1.00-$5.00 Varies between $3-$42/ round
Parks, Recreation,
Library and Golf
Pirates Cove Fees Admission Fee Varies $10-$18 $1.00 Varies between $9-$17
Parks, Recreation,
Library and Golf
Pirates Cove Fees Learn to Swim Classes Varies $15.50-$48.50 $0.50 Varies between $15-$48
Parks, Recreation,
Library and Golf
Park Fees Field Rental Fee Varies $10-$55/ hour $5.00/ hour Varies between $5-$50/hour
Parks, Recreation,
Library and Golf
Park Fees Picnic Rental Fee Varies $100-$460/ half-full day $10.00/ half day $20.00/
full day
Varies between $90-$440
Parks, Recreation,
Library and Golf
Golf Course Fees Cart fees-riding and push Varies $6-$42 $2-$4 Varies between $4-$38
Parks, Recreation,
Library and Golf
Golf Course Fees Rental Set Fees Varies $20-$40 $10-20 Varies $10-$20
Community
Development
Land Subdivision and Development Administrative Subdivision $600.00 $100.00 $500.00
Community
Development
Other Fees Re-Inspection Fee $75.00 per hour $22.00 per hour $55.00 per hour
Community
Development
Land Subdivision and Development Minor Subdivision $800.00 $100.00 $700.00
Community
Development
Other Fees Issuance of temporary Certificate of
Occupancy
$200.00 $50.00 $150.00
Community
Development
Written Requests Address Assignment Request $100.00 $50.00 $50.00 Page 306 of 330
Attachment B - 2023 New Fees and/or RatesCity of Englewood, Colorado
Schedule of Service, License and Permit Fees and Utility Rates - Changes in 2023
Effective January 1, 2023 unless otherwise stated
Department Type Description Description Details Fees and Rates Effective
1/1/2023
Proposed Increase to Fee
or Rate
Effective 1/1/2023
Current Rate
Community
Development
Written Requests Change of Address Request $100.00 $50.00 $50.00
Community
Development
Written Requests Written Zoning Verification $150.00 $50.00 $100.00
Community
Development
Zoning Variance and
Adjustments and Appeals Applications
Administrative Adjustment $250.00 $100.00 $150.00
Community
Development
Use Permits Short-Term Rental Permit $400.00 $100.00 $300.00
Community
Development
Zoning Variance and
Adjustments and Appeals Applications
Short-Term Rental Waiver $250.00 $0.00 $250.00
South Platte Renew Unit charge for additional suspended
solids (SS)
$0.11 per pound $.01 per pound $0.10 per pound
Finance Surcharge Fee Waste Transfer Surcharge Per cubic yard $0.63 $0.13 $0.50
Public Works Storm Water Charge - Commercial Storm Water Charge Per square foot of
impervious surface for
commercial and residential
properties
$0.0482 $0.0117 $0.0365
Public Works Storm Water Charge - Residential Storm Water Charge $19.25 per month
($57.74 per quarter for SF
residential)
$4.67 per month
($14.00 per quarter)
$14.58 per month
($43.74 per quarter for SF)
residential
Utilities In City District Sewer - Monthly 1" meter - Flat $67.41 $2.90 $64.51
Utilities In City District Sewer - Monthly 1" meter - Minimum $61.25 $2.64 $58.61
Utilities In City District Sewer - Monthly 1.5" meter - Flat $134.74 $5.80 $128.94
Utilities In City District Sewer - Monthly 1.5" meter - Minimum $122.2100 $5.26 $116.9500
Utilities In City District Sewer - Monthly 10" meter - Flat $3,068.77 $132.15 $2,936.62
Utilities In City District Sewer - Monthly 10" meter - Minimum $2,789.97 $120.14 $2,669.83
Utilities In City District Sewer - Monthly 2" meter - Flat $215.97 $9.30 $206.67
Utilities In City District Sewer - Monthly 2" meter - Minimum $195.87 $8.43 $187.44
Utilities In City District Sewer - Monthly 3" meter - Flat $431.05 $18.56 $412.49
Utilities In City District Sewer - Monthly 3" meter - Minimum $390.92 $16.83 $374.09
Utilities In City District Sewer - Monthly 3/4" meter - Flat $40.63 $1.75 $38.88
Utilities In City District Sewer - Monthly 3/4" meter - Minimum $36.97 $1.59 $35.38
Utilities In City District Sewer - Monthly 4" meter - Flat $673.74 $29.01 $644.73
Utilities In City District Sewer - Monthly 4" meter - Minimum $610.80 $26.30 $584.50
Utilities In City District Sewer - Monthly 5/8" meter - Flat $26.80 $1.15 $25.65
Utilities In City District Sewer - Monthly 5/8" meter - Minimum $24.56 $1.06 $23.50
Utilities In City District Sewer - Monthly 6" meter - Flat $1,347.44 $58.02 $1,289.42
Utilities In City District Sewer - Monthly 6" meter - Minimum $1,221.59 $52.60 $1,168.99
Utilities In City District Sewer - Monthly 8" meter - Flat $2,134.74 $91.93 $2,042.81
Utilities In City District Sewer - Monthly 8" meter - Minimum $1,940.82 $83.58 $1,857.24
Utilities In City District Sewer - Monthly Mobile Unit - Flat $7.40 $0.32 $7.08
Utilities In City District Sewer - Monthly Mobile Unit - Minimum $6.90 $0.30 $6.60 Page 307 of 330
Attachment B - 2023 New Fees and/or RatesCity of Englewood, Colorado
Schedule of Service, License and Permit Fees and Utility Rates - Changes in 2023
Effective January 1, 2023 unless otherwise stated
Department Type Description Description Details Fees and Rates Effective
1/1/2023
Proposed Increase to Fee
or Rate
Effective 1/1/2023
Current Rate
Utilities In City District Sewer - Monthly Multi-Fam Unit - Flat $12.03 $0.52 $11.51
Utilities In City District Sewer - Monthly Multi-Fam Unit - Minimum $11.04 $0.48 $10.56
Utilities In City District Sewer - Monthly Single-Family Dwell - Flat $19.42 $0.84 $18.58
Utilities In City District Sewer - Monthly Single-Family Dwell - Minimum $17.66 $0.76 $16.90
Utilities In City Sewer - Monthly 1" meter - Flat $87.10 $3.75 $83.35
Utilities In City Sewer - Monthly 1" meter - Minimum $79.58 $3.43 $76.15
Utilities In City Sewer - Monthly 1.5" meter - Flat $174.18 $7.50 $166.68
Utilities In City Sewer - Monthly 1.5" meter - Minimum $158.79 $6.84 $151.95
Utilities In City Sewer - Monthly 10" meter - Flat $3,978.95 $171.34 $3,807.61
Utilities In City Sewer - Monthly 10" meter - Minimum $3,624.85 $156.09 $3,468.76
Utilities In City Sewer - Monthly 2" meter - Flat $279.18 $12.02 $267.16
Utilities In City Sewer - Monthly 2" meter - Minimum $254.49 $10.96 $243.53
Utilities In City Sewer - Monthly 3" meter - Flat $557.24 $24.00 $533.24
Utilities In City Sewer - Monthly 3" meter - Minimum $507.90 $21.87 $486.03
Utilities In City Sewer - Monthly 3/4" meter - Flat $52.53 $2.26 $50.27
Utilities In City Sewer - Monthly 3/4" meter - Minimum $48.03 $2.07 $45.96
Utilities In City Sewer - Monthly 4" meter - Flat $870.98 $37.51 $833.47
Utilities In City Sewer - Monthly 4" meter - Minimum $793.57 $34.17 $759.40
Utilities In City Sewer - Monthly 5/8" meter - Flat $34.59 $1.49 $33.10
Utilities In City Sewer - Monthly 5/8" meter - Minimum $31.90 $1.37 $30.53
Utilities In City Sewer - Monthly 6" meter - Flat $1,742.00 $75.01 $1,666.99
Utilities In City Sewer - Monthly 6" meter - Minimum $1,587.15 $68.35 $1,518.80
Utilities In City Sewer - Monthly 8" meter - Flat $2,767.95 $119.19 $2,648.76
Utilities In City Sewer - Monthly 8" meter - Minimum $2,521.60 $108.59 $2,413.01
Utilities In City Sewer - Monthly Mobile Unit - Flat $9.57 $0.41 $9.16
Utilities In City Sewer - Monthly Mobile Unit - Minimum $8.97 $0.39 $8.58
Utilities In City Sewer - Monthly Multi-Fam Unit - Flat $15.55 $0.67 $14.88
Utilities In City Sewer - Monthly Multi-Fam Unit - Minimum $14.34 $0.62 $13.72
Utilities In City Sewer - Monthly Single-Family Dwell - Flat $25.11 $1.08 $24.03
Utilities In City Sewer - Monthly Single-Family Dwell - Minimum $22.94 $0.99 $21.95
Utilities District Sewer Billed Monthly
Outside City Rates
1" meter - Flat $101.61 $4.38 $97.23
Utilities District Sewer Billed Monthly
Outside City Rates
1.5" meter - Flat $203.22 $8.75 $194.47
Utilities District Sewer Billed Monthly
Outside City Rates
10" meter - Flat $4,640.55 $199.83 $4,440.72
Utilities District Sewer Billed Monthly
Outside City Rates
2" meter - Flat $325.63 $14.02 $311.61
Utilities District Sewer Billed Monthly
Outside City Rates
3" meter - Flat $649.79 $27.98 $621.81
Utilities District Sewer Billed Monthly
Outside City Rates
3/4" meter - Flat $61.27 $2.64 $58.63
Utilities District Sewer Billed Monthly
Outside City Rates
4" meter - Flat $1,015.77 $43.74 $972.03
Utilities District Sewer Billed Monthly
Outside City Rates
5/8" meter - Flat $40.37 $1.74 $38.63 Page 308 of 330
Attachment B - 2023 New Fees and/or RatesCity of Englewood, Colorado
Schedule of Service, License and Permit Fees and Utility Rates - Changes in 2023
Effective January 1, 2023 unless otherwise stated
Department Type Description Description Details Fees and Rates Effective
1/1/2023
Proposed Increase to Fee
or Rate
Effective 1/1/2023
Current Rate
Utilities District Sewer Billed Monthly
Outside City Rates
6" meter - Flat $2,031.57 $87.48 $1,944.09
Utilities District Sewer Billed Monthly
Outside City Rates
8" meter - Flat $3,228.18 $139.01 $3,089.17
Utilities District Sewer Billed Monthly
Outside City Rates
Mobile Unit - Flat $11.17 $0.48 $10.69
Utilities District Sewer Billed Monthly
Outside City Rates
Multi-Fam Unit - Flat $18.14 $0.78 $17.36
Utilities District Sewer Billed Monthly
Outside City Rates
Single-Family Dwell - Flat $29.23 $1.26 $27.97
Utilities District Sewer Billed Monthly
Outside City Rates
1" meter - Minimum $93.03 $4.01 $89.02
Utilities District Sewer Billed Monthly
Outside City Rates
1.5" meter - Minimum $185.63 $7.99 $177.64
Utilities District Sewer Billed Monthly
Outside City Rates
10" meter - Minimum $4,237.80 $182.49 $4,055.31
Utilities District Sewer Billed Monthly
Outside City Rates
2" meter - Minimum $297.52 $12.81 $284.71
Utilities District Sewer Billed Monthly
Outside City Rates
3" meter - Minimum $593.79 $25.57 $568.22
Utilities District Sewer Billed Monthly
Outside City Rates
3/4" meter - Minimum $56.15 $2.42 $53.73
Utilities District Sewer Billed Monthly
Outside City Rates
4" meter - Minimum $927.76 $39.95 $887.81
Utilities District Sewer Billed Monthly
Outside City Rates
5/8" meter - Minimum $37.30 $1.61 $35.69
Utilities District Sewer Billed Monthly
Outside City Rates
6" meter - Minimum $1,855.53 $79.90 $1,775.63
Utilities District Sewer Billed Monthly
Outside City Rates
8" meter - Minimum $2,947.99 $126.95 $2,821.04
Utilities District Sewer Billed Monthly
Outside City Rates
Mobile Unit - Minimum $10.48 $0.45 $10.03
Utilities District Sewer Billed Monthly
Outside City Rates
Multi-Fam Unit - Minimum $16.76 $0.72 $16.04
Utilities District Sewer Billed Monthly
Outside City Rates
Single-Family Dwell - Minimum $26.81 $1.15 $25.66
Utilities Sewer Treatment Connection Fee-Inside
City
1" meter $3,481.59 $109.59 $3,372.00
Utilities Sewer Treatment Connection Fee-Inside
City
1.5" meter $6,943.56 $218.56 $6,725.00
Utilities Sewer Treatment Connection Fee-Inside
City
10" meter $160,069.51 $5,038.51 $155,031.00
Utilities Sewer Treatment Connection Fee-Inside
City
2" meter $11,157.20 $351.20 $10,806.00
Utilities Sewer Treatment Connection Fee-Inside
City
3" meter $22,267.93 $700.93 $21,567.00 Page 309 of 330
Attachment B - 2023 New Fees and/or RatesCity of Englewood, Colorado
Schedule of Service, License and Permit Fees and Utility Rates - Changes in 2023
Effective January 1, 2023 unless otherwise stated
Department Type Description Description Details Fees and Rates Effective
1/1/2023
Proposed Increase to Fee
or Rate
Effective 1/1/2023
Current Rate
Utilities Sewer Treatment Connection Fee-Inside
City
3/4" meter or less $2,087.72 $65.72 $2,022.00
Utilities Sewer Treatment Connection Fee-Inside
City
4" meter $34,813.84 $1,095.84 $33,718.00
Utilities Sewer Treatment Connection Fee-Inside
City
6" meter $83,515.83 $2,628.83 $80,887.00
Utilities Sewer Treatment Connection Fee-Inside
City
8" meter $111,354.09 $3,505.09 $107,849.00
Utilities Sewer Treatment Connection Fee-Inside
City
Multi-Family and Mobile Home Base charge $1,566.30 $49.30 $1,517.00
Utilities Sewer Treatment Connection Fee-Inside
City
Multi-Family and Mobile Home First 12 Units (each)$342.79 $10.79 $332.00
Utilities Sewer Treatment Connection Fee-Inside
City
Multi-Family and Mobile Home Next 22 Unites (each)$277.74 $8.74 $269.00
Utilities Sewer Treatment Connection Fee-Inside
City
Multi-Family and Mobile Home Units Over 34 (each)$157.97 $4.97 $153.00
Utilities Sewer Treatment Connection Fee-
Outside City
1" meter $3,481.59 $109.59 $3,372.00
Utilities Sewer Treatment Connection Fee-
Outside City
1.5" meter $6,943.56 $218.56 $6,725.00
Utilities Sewer Treatment Connection Fee-
Outside City
10" meter $160,069.51 $5,038.51 $155,031.00
Utilities Sewer Treatment Connection Fee-
Outside City
2" meter $11,157.20 $351.20 $10,806.00
Utilities Sewer Treatment Connection Fee-
Outside City
3" meter $22,267.93 $700.93 $21,567.00
Utilities Sewer Treatment Connection Fee-
Outside City
3/4" meter or less $2,087.72 $65.72 $2,022.00
Utilities Sewer Treatment Connection Fee-
Outside City
4" meter $34,813.84 $1,095.84 $33,718.00
Utilities Sewer Treatment Connection Fee-
Outside City
6" meter $83,515.83 $2,628.83 $80,887.00
Utilities Sewer Treatment Connection Fee-
Outside City
8" meter $111,354.09 $3,505.09 $107,849.00
Utilities Sewer Treatment Connection Fee-
Outside City
Multi-Family and Mobile Home Base Charge $1,566.30 $49.30 $1,517.00
Utilities Sewer Treatment Connection Fee-
Outside City
Multi-Family and Mobile Home First 12 Units (each)$342.79 $10.79 $332.00
Utilities Sewer Treatment Connection Fee-
Outside City
Multi-Family and Mobile Home Next 22 Unites (each)$277.74 $8.74 $269.00
Utilities Sewer Treatment Connection Fee-
Outside City
Multi-Family and Mobile Home Units Over 34 (each)$157.97 $4.97 $153.00
Utilities Sewer Collection Surcharge Fee 1" meter $709.33 $22.33 $687.00
Utilities Sewer Collection Surcharge Fee 1.5" meter $1,414.53 $44.53 $1,370.00
Utilities Sewer Collection Surcharge Fee 2" meter $2,272.53 $71.53 $2,201.00
Utilities Sewer Collection Surcharge Fee 3" meter $4,534.74 $142.74 $4,392.00
Utilities Sewer Collection Surcharge Fee 3/4" meter or less $425.39 $13.39 $412.00 Page 310 of 330
Attachment B - 2023 New Fees and/or RatesCity of Englewood, Colorado
Schedule of Service, License and Permit Fees and Utility Rates - Changes in 2023
Effective January 1, 2023 unless otherwise stated
Department Type Description Description Details Fees and Rates Effective
1/1/2023
Proposed Increase to Fee
or Rate
Effective 1/1/2023
Current Rate
Utilities Sewer Collection Surcharge Fee 4" meter $7,090.18 $223.18 $6,867.00
Utilities Sewer Collection Surcharge Fee 6" meter $17,008.37 $535.37 $16,473.00
Utilities Sewer Collection Surcharge Fee Multi-Family and Mobile Home Base Charge $319.04 $10.04 $309.00
Utilities Sewer Collection Surcharge Fee Multi-Family and Mobile Home First 12 Units (each)$71.24 $2.24 $69.00
Utilities Sewer Collection Surcharge Fee Multi-Family and Mobile Home Next 22 Unites (each)$54.72 $1.72 $53.00
Utilities Sewer Collection Surcharge Fee Multi-Family and Mobile Home Units Over 34 (each)$34.07 $1.07 $33.00
Utilities Sewer Treatment and Collection Charge
Total - Inside City
Total - Inside Rate per 1000 gallons $3.58 $0.15 $3.43
Utilities Sewer Treatment Charge - Inside City Rate per 1000 gallons $2.76 $0.12 $2.64
Utilities Sewer Collection Charge - Inside City Rate per 1000 gallons $0.83 $0.04 $0.79
Utilities Sewer Treatment Charge-Outside City Rate per 1000 gallons $4.19 $0.18 $4.01
Utilities Labor Engineer $135.00 / Hour $50 / Hour $85.00 / Hour
Utilities Outside City District Sewer - Annual 1" meter - Flat $1,219.26 $52.50 $1,166.76
Utilities Outside City District Sewer - Annual 1" meter - Minimum $1,116.31 $48.07 $1,068.24
Utilities Outside City District Sewer - Annual 1.5" meter - Flat $2,438.65 $105.01 $2,333.64
Utilities Outside City District Sewer - Annual 1.5" meter - Minimum $2,227.61 $95.93 $2,131.68
Utilities Outside City District Sewer - Annual 10" meter - Flat $55,686.63 $2,397.99 $53,288.64
Utilities Outside City District Sewer - Annual 10" meter - Minimum $50,853.59 $2,189.87 $48,663.72
Utilities Outside City District Sewer - Annual 2" meter - Flat $3,907.59 $168.27 $3,739.32
Utilities Outside City District Sewer - Annual 2" meter - Minimum $3,570.26 $153.74 $3,416.52
Utilities Outside City District Sewer - Annual 3" meter - Flat $7,797.50 $335.78 $7,461.72
Utilities Outside City District Sewer - Annual 3" meter - Minimum $7,125.48 $306.84 $6,818.64
Utilities Outside City District Sewer - Annual 3/4" meter - Flat $735.22 $31.66 $703.56 Page 311 of 330
Attachment B - 2023 New Fees and/or RatesCity of Englewood, Colorado
Schedule of Service, License and Permit Fees and Utility Rates - Changes in 2023
Effective January 1, 2023 unless otherwise stated
Department Type Description Description Details Fees and Rates Effective
1/1/2023
Proposed Increase to Fee
or Rate
Effective 1/1/2023
Current Rate
Utilities Outside City District Sewer - Annual 3/4" meter - Minimum $673.77 $29.01 $644.76
Utilities Outside City District Sewer - Annual 4" meter - Flat $12,189.26 $524.90 $11,664.36
Utilities Outside City District Sewer - Annual 4" meter - Minimum $11,133.14 $479.42 $10,653.72
Utilities Outside City District Sewer - Annual 5/8" meter - Flat $484.42 $20.86 $463.56
Utilities Outside City District Sewer - Annual 5/8" meter - Minimum $447.55 $19.27 $428.28
Utilities Outside City District Sewer - Annual 6" meter - Flat $24,378.89 $1,049.81 $23,329.08
Utilities Outside City District Sewer - Annual 6" meter - Minimum $22,266.40 $958.84 $21,307.56
Utilities Outside City District Sewer - Annual 8" meter - Flat $38,738.19 $1,668.15 $37,070.04
Utilities Outside City District Sewer - Annual 8" meter - Minimum $35,375.84 $1,523.36 $33,852.48
Utilities Outside City District Sewer - Annual Mobile Unit - Flat $134.05 $5.77 $128.28
Utilities Outside City District Sewer - Annual Mobile Unit - Minimum $125.78 $5.42 $120.36
Utilities Outside City District Sewer - Annual Multi-Fam Unit - Flat $217.69 $9.37 $208.32
Utilities Outside City District Sewer - Annual Multi-Fam Unit - Minimum $201.14 $8.66 $192.48
Utilities Outside City District Sewer - Annual Single-Family Dwell - Flat $350.74 $15.10 $335.64
Utilities Outside City District Sewer - Annual Single-Family Dwell - Minimum $321.78 $13.86 $307.92
Utilities Outside City District Sewer - Monthly 1" meter - Flat $101.61 $4.38 $97.23
Utilities Outside City District Sewer - Monthly 1" meter - Minimum $93.03 $4.01 $89.02
Utilities Outside City District Sewer - Monthly 1.5" meter - Flat $203.22 $8.75 $194.47
Utilities Outside City District Sewer - Monthly 1.5" meter - Minimum $185.63 $7.99 $177.64
Utilities Outside City District Sewer - Monthly 10" meter - Flat $4,640.55 $199.83 $4,440.72
Utilities Outside City District Sewer - Monthly 10" meter - Minimum $4,237.80 $182.49 $4,055.31
Utilities Outside City District Sewer - Monthly 2" meter - Flat $325.63 $14.02 $311.61
Utilities Outside City District Sewer - Monthly 2" meter - Minimum $297.52 $12.81 $284.71 Page 312 of 330
Attachment B - 2023 New Fees and/or RatesCity of Englewood, Colorado
Schedule of Service, License and Permit Fees and Utility Rates - Changes in 2023
Effective January 1, 2023 unless otherwise stated
Department Type Description Description Details Fees and Rates Effective
1/1/2023
Proposed Increase to Fee
or Rate
Effective 1/1/2023
Current Rate
Utilities Outside City District Sewer - Monthly 3" meter - Flat $649.79 $27.98 $621.81
Utilities Outside City District Sewer - Monthly 3" meter - Minimum $593.79 $25.57 $568.22
Utilities Outside City District Sewer - Monthly 3/4" meter - Flat $61.32 $2.64 $58.68
Utilities Outside City District Sewer - Monthly 3/4" meter - Minimum $56.15 $2.42 $53.73
Utilities Outside City District Sewer - Monthly 4" meter - Flat $1,015.77 $43.74 $972.03
Utilities Outside City District Sewer - Monthly 4" meter - Minimum $927.76 $39.95 $887.81
Utilities Outside City District Sewer - Monthly 5/8" meter - Flat $40.37 $1.74 $38.63
Utilities Outside City District Sewer - Monthly 5/8" meter - Minimum $37.30 $1.61 $35.69
Utilities Outside City District Sewer - Monthly 6" meter - Flat $2,031.57 $87.48 $1,944.09
Utilities Outside City District Sewer - Monthly 6" meter - Minimum $1,855.53 $79.90 $1,775.63
Utilities Outside City District Sewer - Monthly 8" meter - Flat $3,228.18 $139.01 $3,089.17
Utilities Outside City District Sewer - Monthly 8" meter - Minimum $2,947.99 $126.95 $2,821.04
Utilities Outside City District Sewer - Monthly Mobile Unit - Flat $11.17 $0.48 $10.69
Utilities Outside City District Sewer - Monthly Mobile Unit - Minimum $10.48 $0.45 $10.03
Utilities Outside City District Sewer - Monthly Multi-Fam Unit - Flat $18.14 $0.78 $17.36
Utilities Outside City District Sewer - Monthly Multi-Fam Unit - Minimum $16.76 $0.72 $16.04
Utilities Outside City District Sewer - Monthly Single-Family Dwell - Flat $29.23 $1.26 $27.97
Utilities Outside City District Sewer - Monthly Single-Family Dwell - Minimum $26.81 $1.15 $25.66 Page 313 of 330
Attachment B - 2023 New Fees and/or RatesCity of Englewood, Colorado
Schedule of Service, License and Permit Fees and Utility Rates - Changes in 2023
Effective January 1, 2023 unless otherwise stated
Department Type Description Description Details Fees and Rates Effective
1/1/2023
Proposed Increase to Fee
or Rate
Effective 1/1/2023
Current Rate
Utilities Service Request Plan Review/Inspection Actual Costs incurred by
the Department for
Development Review,
reviews prior to an issuance
of a permit associated with
zoning, PUDs, Major and
Minor Subdivision permits,
Conditional Use Permits, all
other permits required
under Englewood
Municipal Code Title 16,
and associated tasks. The
Department will invoice all
costs exceeding the deposit
and will reimburse any
remaining funds upon
completion of the project.
Plan Review/Inspection fee
shall be waived for single-
family, owner-occupied.
Hourly Rate of Labor Costs,
including Engineer, Technician,
or Consultant.
Minimum Deposit Required:
$1000.00 for 4 Residential Units
or less
$5000.00 for over 4 Residential
Units, Commercial and
Industrial Developments
Minimum deposit of
$1000.00 or $5000.00
(dependent on
development size) from
$220.00 minimum fee.
$220.00 minmum plus hourly
rate
Utilities Service Request Fire Hydrant Flow Test Inspection The Department will
deduct these fees against
the required deposit for
Plan Review/Inspection, if
applicable.
The Department will
invoice all costs exceeding
the deposit, if applicable,
and will reimburse any
remaining funds.
If the deposit is not
required, the Department
will assess these fees
separately.
$225.00 $135.00 $90.00
Utilities Water - Inside Metered Rates 1" meter Admin $4.19 $0.18 $4.01
Utilities Water - Inside Metered Rates 1" meter Min
Usage included in minimum
bill (gallons)-7,000
$27.43 $1.18 $26.25 Page 314 of 330
Attachment B - 2023 New Fees and/or RatesCity of Englewood, Colorado
Schedule of Service, License and Permit Fees and Utility Rates - Changes in 2023
Effective January 1, 2023 unless otherwise stated
Department Type Description Description Details Fees and Rates Effective
1/1/2023
Proposed Increase to Fee
or Rate
Effective 1/1/2023
Current Rate
Utilities Water - Inside Metered Rates 1.5" meter Admin $5.15 $0.22 $4.93
Utilities Water - Inside Metered Rates 1.5" meter Min
Usage included in minimum
bill (gallons)-15,000
$56.12 $2.42 $53.70
Utilities Water - Inside Metered Rates 10" meter Admin $109.53 $4.72 $104.81
Utilities Water - Inside Metered Rates 10" meter Min
Usage included in minimum
bill (gallons)-150,000
$561.17 $24.17 $537.00
Utilities Water - Inside Metered Rates 2" meter Admin $8.38 $0.36 $8.02
Utilities Water - Inside Metered Rates 2" meter Min
Usage included in minimum
bill (gallons)-24,000
$89.79 $3.87 $85.92
Utilities Water - Inside Metered Rates 3" meter Admin $32.22 $1.39 $30.83
Utilities Water - Inside Metered Rates 3" meter Min
Usage included in minimum
bill (gallons)-45,000
$168.35 $7.25 $161.10
Utilities Water - Inside Metered Rates 3/4" meter Admin $3.22 $0.14 $3.08
Utilities Water - Inside Metered Rates 4" meter Admin $40.92 $1.76 $39.16
Utilities Water - Inside Metered Rates 4" meter Min
Usage included in minimum
bill (gallons)-75,000
$280.58 $12.08 $268.50
Utilities Water - Inside Metered Rates 5/8" meter Admin $3.22 $0.14 $3.08
Utilities Water - Inside Metered Rates 6" meter Admin $61.54 $2.65 $58.89
Utilities Water - Inside Metered Rates 6" meter Min
Usage included in minimum
bill (gallons)-150,000
$561.17 $24.17 $537.00
Utilities Water - Inside Metered Rates Monthly Usage Rate per 1000
gallons
First 400,000 $3.74 $0.16 $3.58
Utilities Water - Inside Metered Rates Monthly Usage Rate per 1000
gallons
Over 400,000 $2.32 $0.10 $2.22
Utilities Water - Outside Metered Rates 1" meter Admin $5.86 $0.25 $5.61
Utilities Water - Outside Metered Rates 1" meter Min
Usage included in minimum
bill (gallons)-7,333
$38.39 $1.65 $36.74
Utilities Water - Outside Metered Rates 1.5" meter Admin $7.22 $0.31 $6.91
Utilities Water - Outside Metered Rates 1.5" meter Min
Usage included in minimum
bill (gallons)-15,000
$78.53 $3.38 $75.15
Utilities Water - Outside Metered Rates 10" meter Admin $153.34 $6.60 $146.74 Page 315 of 330
Attachment B - 2023 New Fees and/or RatesCity of Englewood, Colorado
Schedule of Service, License and Permit Fees and Utility Rates - Changes in 2023
Effective January 1, 2023 unless otherwise stated
Department Type Description Description Details Fees and Rates Effective
1/1/2023
Proposed Increase to Fee
or Rate
Effective 1/1/2023
Current Rate
Utilities Water - Outside Metered Rates 10" meter Min
Usage included in minimum
bill (gallons)-150,000
$785.32 $33.82 $751.50
Utilities Water - Outside Metered Rates 2" meter Admin $11.72 $0.50 $11.22
Utilities Water - Outside Metered Rates 2" meter Min
Usage included in minimum
bill (gallons)-24,000
$125.65 $5.41 $120.24
Utilities Water - Outside Metered Rates 3" meter Admin $45.10 $1.94 $43.16
Utilities Water - Outside Metered Rates 3" meter Min
Usage included in minimum
bill (gallons)-45,000
$235.60 $10.15 $225.45
Utilities Water - Outside Metered Rates 3/4" meter Admin $4.51 $0.19 $4.32
Utilities Water - Outside Metered Rates 4" meter Admin $57.28 $2.47 $54.81
Utilities Water - Outside Metered Rates 4" meter Min
Usage included in minimum
bill (gallons)-75,000
$392.66 $16.91 $375.75
Utilities Water - Outside Metered Rates 5/8" meter Admin $4.51 $0.19 $4.32
Utilities Water - Outside Metered Rates 6" meter Admin $86.15 $3.71 $82.44
Utilities Water - Outside Metered Rates 6" meter Min
Usage included in minimum
bill (gallons)-150,000
$785.32 $33.82 $751.50
Utilities Water - Outside Metered Rates Monthly Usage Rate per 1000 gallons First 400,000 $5.24 $0.23 $5.01
Utilities Water - Outside Metered Rates Monthly Usage Rate per 1000
gallons
Over 400,000 $3.24 $0.14 $3.10
Utilities Capital Improvement Monthly Fee -
Inside
1" meter $26.68 $1.68 $25.00
Utilities Capital Improvement Monthly Fee -
Outside
1" meter $36.68 $1.68 $35.00
Utilities Capital Improvement Monthly Fee -
Inside
1.5" meter $53.21 $3.31 $49.90
Utilities Capital Improvement Monthly Fee -
Outside
1.5" meter $73.17 $3.27 $69.90
Utilities Capital Improvement Monthly Fee -
Inside
10" meter $2,240.00 $140.00 $2,100.00
Utilities Capital Improvement Monthly Fee -
Outside
10" meter $3,080.00 $140.00 $2,940.00
Utilities Capital Improvement Monthly Fee -
Inside
2" meter $85.50 $5.30 $80.20
Utilities Capital Improvement Monthly Fee -
Outside
2" meter $117.57 $5.27 $112.30 Page 316 of 330
Attachment B - 2023 New Fees and/or RatesCity of Englewood, Colorado
Schedule of Service, License and Permit Fees and Utility Rates - Changes in 2023
Effective January 1, 2023 unless otherwise stated
Department Type Description Description Details Fees and Rates Effective
1/1/2023
Proposed Increase to Fee
or Rate
Effective 1/1/2023
Current Rate
Utilities Capital Improvement Monthly Fee -
Inside
3" meter $170.64 $10.64 $160.00
Utilities Capital Improvement Monthly Fee -
Outside
3" meter $234.63 $10.63 $224.00
Utilities Capital Improvement Monthly Fee -
Inside
3/4" meter $16.00 $1.00 $15.00
Utilities Capital Improvement Monthly Fee -
Outside
3/4" meter $22.00 $1.00 $21.00
Utilities Capital Improvement Monthly Fee -
Inside
4" meter $266.79 $16.69 $250.10
Utilities Capital Improvement Monthly Fee -
Outside
4" meter $366.83 $16.73 $350.10
Utilities Capital Improvement Monthly Fee -
Inside
5/8" meter $16.00 $1.00 $15.00
Utilities Capital Improvement Monthly Fee -
Outside
5/8" meter $22.00 $1.00 $21.00
Utilities Capital Improvement Monthly Fee -
Inside
6" meter $640.00 $40.00 $600.00
Utilities Capital Improvement Monthly Fee -
Outside
6" meter $880.00 $40.00 $840.00
Utilities Capital Improvement Monthly Fee -
Inside
Flat $16.00 $1.00 $15.00
Utilities Capital Improvement Monthly Fee -
Outside
Flat $22.00 $1.00 $21.00
Utilities Water Connection Fee-Inside City 1" meter $33,551.09 $1,056.09 $32,495.00
Utilities Water Connection Fee-Inside City 1.5" meter $66,918.39 $2,106.39 $64,812.00
Utilities Water Connection Fee-Inside City 2" meter $107,530.75 $3,384.75 $104,146.00
Utilities Water Connection Fee-Inside City 3" meter $214,601.00 $6,755.00 $207,846.00
Utilities Water Connection Fee-Inside City 3/4" meter $20,121.36 $633.36 $19,488.00
Utilities Water Connection Fee-Inside City 4" meter $335,516.04 $10,561.04 $324,955.00
Utilities Water Connection Fee-Inside City 6" meter $804,868.86 $25,334.86 $779,534.00
Utilities Water Connection Fee-Inside City Multi-Family and Mobile Home Base Charge $12,091.61 $380.61 $11,711.00
Utilities Water Connection Fee-Inside City Multi-Family and Mobile Home First 12 Units (each)$2,677.27 $84.27 $2,593.00
Utilities Water Connection Fee-Inside City Multi-Family and Mobile Home Next 22 Unites (each)$2,077.39 $65.39 $2,012.00
Utilities Water Connection Fee-Inside City Multi-Family and Mobile Home Units Over 34 (each)$1,268.94 $39.94 $1,229.00
Utilities Water Connection Fee-Inside City Commercial/Mixed Use First 125 Units (each)$383.06 $12.06 $371.00
Utilities Water Connection Fee-Inside City Commercial/Mixed Use Next 250 Unites (each)$162.10 $5.10 $157.00
Utilities Water Connection Fee-Inside City Commercial/Mixed Use Units Over 375 (each)$119.77 $3.77 $116.00
Utilities Water Connection Fee-Outside City 1" meter $46,971.52 $1,478.52 $45,493.00
Utilities Water Connection Fee-Outside City 1.5" meter $93,686.99 $2,948.99 $90,738.00
Utilities Water Connection Fee-Outside City 2" meter $150,543.66 $4,738.66 $145,805.00
Utilities Water Connection Fee-Outside City 3" meter $300,442.01 $9,457.01 $290,985.00
Utilities Water Connection Fee-Outside City 3/4" meter $28,170.73 $886.73 $27,284.00
Utilities Water Connection Fee-Outside City 4" meter $469,721.42 $14,785.42 $454,936.00
Utilities Water Connection Fee-Outside City 6" meter $1,126,816.81 $35,468.81 $1,091,348.00
Utilities Water Connection Fee-Outside City Multi-Family and Mobile Home Base Charge $16,927.84 $532.84 $16,395.00
Utilities Water Connection Fee-Outside City Multi-Family and Mobile Home First 12 Units (each)$3,747.98 $117.98 $3,630.00 Page 317 of 330
Attachment B - 2023 New Fees and/or RatesCity of Englewood, Colorado
Schedule of Service, License and Permit Fees and Utility Rates - Changes in 2023
Effective January 1, 2023 unless otherwise stated
Department Type Description Description Details Fees and Rates Effective
1/1/2023
Proposed Increase to Fee
or Rate
Effective 1/1/2023
Current Rate
Utilities Water Connection Fee-Outside City Multi-Family and Mobile Home Next 22 Unites (each)$2,908.55 $91.55 $2,817.00
Utilities Water Connection Fee-Outside City Multi-Family and Mobile Home Units Over 34 (each)$1,776.93 $55.93 $1,721.00
Utilities Water Connection Fee-Outside City Commercial/Mixed Use First 125 Units (each)$535.87 $16.87 $519.00
Utilities Water Connection Fee-Outside City Commercial/Mixed Use Next 250 Unites (each)$227.15 $7.15 $220.00
Utilities Water Connection Fee-Outside City Commercial/Mixed Use Units Over 375 (each)$182.75 $5.75 $177.00
Utilities Labor Technician (Added)$46.00 / Hour not previously charged $0.00
Utilities Labor Consultant (Added)$100.00 to $175.00 / Hour not previously charged $0.00 Page 318 of 330
Attachment B - 2023 New Fees and/or RatesCity of Englewood, Colorado
Schedule of Service, License and Permit Fees and Utility Rates - Changes in 2023
Effective January 1, 2023 unless otherwise stated
Department Type Description Description Details Fees and Rates Effective
1/1/2023
Proposed Increase to Fee
or Rate
Effective 1/1/2023
Current Rate
Utilities Water - Temporary Hydrant Usage Construction Water (Added - but on
the website already)
New Comments: Water use
is charged at the Inside City
Monthly Metered Usage
Rate and shall be billed
separately after the final
meter usage is read. The
minimum charge for water
use from a hydrant is based
on 10,000 gallons at the
Inside City Monthly
Metered Usage Rate.
(website:
https://www.englewoodco.
gov/government/city-
departments/utilities/contr
actors/fire-hydrant-use-
regulations)
$3.74 $0.24 $3.50 Page 319 of 330
Attachment A
2023 Schedule of Service, License and Permit Fees and Utility Rates
City of Englewood, Colorado
2023 Schedule of Service, License and Permit Fees and Utility Rates
Effective January 1, 2023 unless otherwise stated
Department Type Description Description Details Fees and Rates
Effective 1/1/2023
Proposed Fee or Rate
Increase Effective 1/1/2023
Prior Fees and Rate
Administration Licensing Fees Beer and Wine Application $100.00 $0.00 $100.00
Administration Licensing Fees Beer and Wine License $48.75 $0.00 $48.75
Administration Licensing Fees Beer and Wine Occupational Tax $450.00 $0.00 $450.00
Administration Licensing Fees Fermented Malt Beverage License $3.75 $0.00 $3.75
Administration Licensing Fees Fermented Malt Beverage Occupational Tax $300.00 $0.00 $300.00
Administration Licensing Fees Fermented Malt Beverage On-Pemises
Renewal Application
$100.00 $0.00 $100.00
Administration Licensing Fees Fermented Malt Beverage Off-Premises
Renewal Application
$100.00 $0.00 $100.00
Administration Licensing Fees Fermented Malt Beverage Renewal License
Fee
$3.75 $0.00 $3.75
Administration Licensing Fees Fermented Malt Beverage On- Premises
Renewal Occupational Tax
$450.00 $0.00 $450.00
Administration Licensing Fees Club Renewal Application $100.00 $0.00 $100.00
Administration Licensing Fees Club Renewal License $41.25 $0.00 $41.25
Administration Licensing Fees Club Renewal Occupational Tax $450.00 $0.00 $450.00
Administration Licensing Fees Hotel/Restaurant Renewal
Application
$100.00 $0.00 $100.00
Administration Licensing Fees Hotel/Restaurant Renewal License $75.00 $0.00 $75.00
Administration Licensing Fees Hotel/Restaurant Renewal
Occupational Tax
$650.00 $0.00 $650.00
Administration Licensing Fees Retail Liquor Store Renewal
License
$22.50 $0.00 $22.50
Administration Licensing Fees Retail Liquor Store Renewal
Occupational Tax
$300.00 $0.00 $300.00
Administration Licensing Fees Retail Liquor Store Renewal
Application
$100.00 $0.00 $100.00
Administration Licensing Fees Tavern Renewal Application $100.00 $0.00 $100.00
Administration Licensing Fees Tavern Renewal License $75.00 $0.00 $75.00
Administration Licensing Fees Tavern Renewal
Occupational Tax
$650.00 $0.00 $650.00
Administration Licensing Fees Art Permit $100.00 $0.00 $100.00
Administration Licensing Fees Tasting Permit $100.00 $0.00 $100.00
Administration Licensing Fees Special Event Permit $100.00 $0.00 $100.00
Administration Licensing Fees Manager Change $30.00 ($45.00)$75.00
Administration Licensing Fees New Liqour License $1,000.00 ($500.00)$1,500.00
Administration Licensing Fees Liquor Transfer of Ownership $750.00 ($750.00)$1,500.00
Administration Licensing Fees Marijuana Renewal License $1,500.00 $500.00 $1,000.00
Administration Licensing Fees Marijuana Renewal Application $1,500.00 $500.00 $1,000.00
Administration LIcensing Fees Marijuana New License $1,500.00 $500.00 $1,000.00
Administration Licensing Fees Marijuana New Application $1,500.00 $500.00 $1,000.00
Administration Licensing Fees Marijuana Transfer License $1,500.00 $500.00 $1,000.00
Administration Licensing Fees Marijuana Transfer Application $1,500.00 $500.00 $1,000.00
Administration Licensing Fees Change of Location $750.00 $0.00 $750.00
Administration Open Records Request Colorado Open Records Act (CORA)$30.00 $0.00 $30.00
Administration Open Records Request USB (each)$5.00 $0.00 $5.00
Administration Open Records Request Copy Charges - Black/White - per page fee Total copy charges under $5.00 will be
waived
$0.25 $0.15 $0.10
Administration Open Records Request Copy Charges - Color $.35 per page (total copy
charges under $5.00 will be waived)
$.35 per page (total copy
charges under $5.00 will be waived)
Administration Festival Liquor Permit $150.00 $0.00 $150.00
Community Development Building Permit Fees $1,000,001 and up $6,205.54 for the first
$1,000,000 plus
$3.49 for each additional
$1,000 or fraction thereof.
$6,205.54 for the first
$1,000,000 plus
$3.49 for each additional
$1,000 or fraction thereof.
Community Development Building Permit Fees $1.00 to $500 $26.00 $0.00 $26.00
Community Development Building Permit Fees $100,001 to $500,000 $1,157.00 for the first
$100,000 plus $6.20 for each additional
$1,000, or fraction thereof, to and including
$500,000.
$1,157.00 for the first
$100,000 plus $6.20 for each additional
$1,000, or fraction thereof, to and including
$500,000.
Community Development Building Permit Fees $2,000.01 to $25,000 $76.62 for the first $2,000 plus $15.49 for
each additional $1,000 or fraction thereof,
to and including $25,000.
$76.62 for the first $2,000 plus $15.49 for
each additional $1,000 or fraction thereof,
to and including $25,000.
Community Development Building Permit Fees $25,000.01 to $50,000 $432.88 for the first
$25,000 plus $11.17 for each additional
$1,000 or fraction thereof, to and including
$50,000.
$432.88 for the first
$25,000 plus $11.17 for each additional
$1,000 or fraction thereof, to and including
$50,000.Page 320 of 330
Attachment A
2023 Schedule of Service, License and Permit Fees and Utility Rates
City of Englewood, Colorado
2023 Schedule of Service, License and Permit Fees and Utility Rates
Effective January 1, 2023 unless otherwise stated
Department Type Description Description Details Fees and Rates
Effective 1/1/2023
Proposed Fee or Rate
Increase Effective 1/1/2023
Prior Fees and Rate
Community Development Building Permit Fees $50,001 to $100,000 $712.25 for the first
$50,000 plus $7.74 for each additional
$1,000, or fraction thereof, to and including
$100,000.
$712.25 for the first
$50,000 plus $7.74 for each additional
$1,000, or fraction thereof, to and including
$100,000.
Community Development Building Permit Fees $500,001 to $1,000,000 $3,577.83 for the first
$500,000 plus $5.25 for each additional
$1,000, or fraction thereof, to and including
$1,000,000.
$3,577.83 for the first
$500,000 plus $5.25 for each additional
$1,000, or fraction thereof, to and including
$1,000,000.
Community Development Building Permit Fees $501 to $2,000 $26 for the first $500 plus $3.37 for each
additional $100 or fraction thereof, to and
including
$2,000.
$26 for the first $500 plus $3.37 for each
additional $100 or fraction thereof, to and
including
$2,000.
Community Development Land Subdivision and Development Administrative Subdivision $600.00 $100.00 $500.00
Community Development Land Subdivision and Development Annexation $1,050.00 $0.00 $1,050.00
Community Development Land Subdivision and Development Major Subdivision $1,050.00 $0.00 $1,050.00
Community Development Land Subdivision and Development Minor Subdivision $800.00 $100.00 $700.00
Community Development Land Subdivision and Development Property Combination $150.00 $0.00 $150.00
Community Development Land Subdivision and Development Vacation of Easement $400.00 $0.00 $400.00
Community Development Land Subdivision and Development Vacation of Right of Way $600.00 $0.00 $600.00
Community Development Miscellaneous Valuations Asphalt Roofing $220 per square $220 per square
Community Development Miscellaneous Valuations Wood Fencing $27.50 per linear foot $27.50 per linear foot
Community Development Other Fees Inspections outside of normal business hours
(minimum charge - 2 hours)
$55 per hour $55 per hour
Community Development Other Fees Inspections for which no fee is specifically
indicated (minimum charge - one-half hour)
$55 per hour $55 per hour
Community Development Other Fees Additional Plan Review Fees
required by changes, additions, or revisions
$55 per hour $55 per hour
Community Development Other Fees Arapahoe County Open Space Tax .25% on one-half the total valuation .25% on one-half the total valuation
Community Development Other Fees Exemption to Plan Review Fee Exception the 65% Plan Review shall be waived for
single-family, owner-occupied dwellings
the 65% Plan Review shall be waived for
single-family, owner-occupied dwellings
Community Development Other Fees Issuance of temporary Certificate of
Occupancy
$200.00 $50.00 $150.00
Community Development Other Fees Park Fee-in-Lieu of Public Land Dedication $460 per one-unit dwelling
or $385 per multi-unit dwelling
$460 per one-unit dwelling
or $385 per multi-unit dwelling
Community Development Other Fees Plan Review Fee 65% of building permit fee 65% of building permit fee
Community Development Other Fees Re-Inspection Fee $75.00 per hour $20.00 per hour $55.00 per hour
Community Development Other Fees Use Tax 3.5% on one-half the total valuation 3.5% on one-half the total valuation
Community Development Use Permits Accessory Dwelling Units $550.00 $0.00 $550.00
Community Development Use Permits Adaptive Re-use of Historic Structure $500.00 $0.00 $500.00
Community Development Use Permits Conditional Use Annual Inspection $25.00 $0.00 $25.00
Community Development Use Permits Conditional Use Permit $600.00 $0.00 $600.00
Community Development Use Permits Historic Designation Application $200.00 $0.00 $200.00
Community Development Use Permits Landscape Fee-in-Lieu $4.00 per sq. ft. of required landscaped
area
$4.00 per sq. ft. of required landscaped
area
Community Development Use Permits Limited Use Permit $150.00 $0.00 $150.00
Community Development Use Permits Temporary Use Permit $150.00 $0.00 $150.00
Community Development Written Requests Address Assignment Request $100.00 $50.00 $50.00
Community Development Written Requests Change of Address Request $100.00 $50.00 $50.00
Community Development Written Requests Group Living Facility Registration $50.00 $0.00 $50.00
Community Development Written Requests Nonconforming Use Registration $150.00 $0.00 $150.00
Community Development Written Requests Written Zoning Verification $150.00 $50.00 $100.00
Community Development Zoning Variance and
Adjustments and Appeals Applications
Administrative Adjustment $250.00 $100.00 $150.00
Community Development Zoning Variance and
Adjustments and Appeals Applications
Appeal $250.00 $0.00 $250.00
Community Development Zoning Variance and
Adjustments and Appeals Applications
Variance $250.00 $0.00 $250.00
Community Development Zoning/Rezoning Applications Amendment to an Approved PUD or TSA
Expansion or PD
$1,200.00 $0.00 $1,200.00
Community Development Zoning/Rezoning Applications Base District Rezone $1,050.00 $0.00 $1,050.00
Community Development Zoning/Rezoning Applications Planned Unit Development $2,000.00 $0.00 $2,000.00
Community Development Zoning/Rezoning Applications Transit Station Area $2,000.00 $0.00 $2,000.00
Community Development Use Permits Short-Term Rental Permit $400.00 $100.00 $300.00
Community Development Zoning Variance and Adjustments and Appeals Applications Short-Term Rental Waiver $250.00 $0.00 $250.00
Finance License Fee Adult Entertainment Establishment Annual $2,000.00 $0.00 $2,000.00
Finance License Fee Amusement/Public Dances Annual $60.00 $0.00 $60.00
Finance License Fee Amusement/Public Dances Annual per machine, lane and/or table $25.00 $0.00 $25.00
Finance License Fee Arborist Annual $60.00 $0.00 $60.00 Page 321 of 330
Attachment A
2023 Schedule of Service, License and Permit Fees and Utility Rates
City of Englewood, Colorado
2023 Schedule of Service, License and Permit Fees and Utility Rates
Effective January 1, 2023 unless otherwise stated
Department Type Description Description Details Fees and Rates
Effective 1/1/2023
Proposed Fee or Rate
Increase Effective 1/1/2023
Prior Fees and Rate
Finance License Fee Auctioneer Itinerant: Annual $75.00 $25.00 $50.00
Finance License Fee Auctioneer Resident: Annual $25.00 $0.00 $25.00
Finance License Fee Auto Salvage/Recycling Yards Annual $100.00 $0.00 $100.00
Finance Application Feee Background Check Fee Dependent on License Requirement $50.00 $0.00 $50.00
Finance Tax Basic Local Exchange Ownership Per phone line including VOIP $0.55 $0.00 $0.55
Finance License Fee Body Piercing Establishment Annual $150.00 $50.00 $100.00
Finance License Fee Breeders Annual $50.00 $0.00 $50.00
Finance License Fee Canine & Feline Initial Fee $50.00 $0.00 $50.00
Finance License Fee Christmas Tree Dealers Annual $25.00 $0.00 $25.00
Finance License Fee Direct Sellers Annual $75.00 $0.00 $75.00
Finance License Fee Direct Sellers Special Event Fee $5.00 $0.00 $5.00
Finance Penalty Fee Estimated Assessment Penalty Fee Estimated Assessment Notice Penalty Fee for
not filing return by due date
$75.00 $0.00 $75.00
Finance Application Fee Finger Printing Fee Dependent on License Requirement $50.00 $0.00 $50.00
Finance License Fee Food Vendors Annual $75.00 $0.00 $75.00
Finance License Fee Food Vendors Special Event Fee $10.00 $0.00 $10.00
Finance License Fee Guard/Attack Dog Annual $100.00 $0.00 $100.00
Finance Application Fee Hotel/Motel - Application Fee (one-time fee)101-200 units $250.00 $0.00 $250.00
Finance Application Fee Hotel/Motel - Application Fee (one-time fee)26-50 units $150.00 $0.00 $150.00
Finance Application Fee Hotel/Motel/STR - Application Fee (one-time
fee)
1-25 Units $100.00 $0.00 $100.00
Finance Application Fee Hotel/Motel - Application Fee (one-time fee)51-100 units $200.00 $0.00 $200.00
Finance Application Fee Hotel/Motel - Application Fee (one-time fee)over 200 units $300.00 $0.00 $300.00
Finance Inspection Fee Hotel/Motel - Inspection Fees First Re-Inspection $50.00 $0.00 $50.00
Finance Inspection Fee Hotel/Motel - Inspection Fees Fourth and each subsequent Re- Inspection $400.00 $0.00 $400.00
Finance Inspection Fee Hotel/Motel - Inspection Fees Initial Inspection $0.00 - No Charge $0.00 $0.00 - No Charge
Finance Inspection Fee Hotel/Motel - Inspection Fees Second Re-Inspection $100.00 $0.00 $100.00
Finance Inspection Fee Hotel/Motel - Inspection Fees Third Re-Inspection $200.00 $0.00 $200.00
Finance License Fee Hotel/Motel - License Fee (annual)101-200 units $175.00 $0.00 $175.00
Finance License Fee Hotel/Motel - License Fee (annual)26-50 units $125.00 $0.00 $125.00
Finance License Fee Hotel/Motel/STR - License Fee (annual)1-25 Units $100.00 $0.00 $100.00
Finance License Fee Hotel/Motel - License Fee (annual)51-100 units $150.00 $0.00 $150.00
Finance License Fee Hotel/Motel - License Fee (annual)over 200 units $200.00 $0.00 $200.00
Finance License Fee Kennel Annual $250.00 $0.00 $250.00
Finance Tax Lodgers Tax Lodgers Tax 2.00%$0.00 2.00%
Finance Application Fee Misc. Business License Application Fee $25.00 $10.00 $15.00
Finance Processing Fee Paper Filing Fee Per remittance and/or license
application requiring in-office processing
$25.00 $0.00 $25.00
Finance Transaction Fee Pawn or Purchaser of
Valuable Articles Transaction Fee
$0.30 $0.00 $0.30
Finance License Fee Pawnbroker/Auto Pawn Annual $1,250.00 $0.00 $1,250.00
Finance Application Fee Pawnbroker/Auto Pawn Initial Fee $2,500.00 $0.00 $2,500.00
Finance License Fee Pet Store Annual $250.00 $0.00 $250.00
Finance License Fee Purchaser of Valuable Articles Annual $250.00 $0.00 $250.00
Finance License Fee Reflexology Annual $100.00 $0.00 $100.00
Finance Retail Marijuana Sales Tax Rate in addition to the current 3.5%
Local Sales Tax Rate
Effective Dates and Rates
1/2/2018-First Year Total Rate is 7.0%;
1/2/2019-Total Rate is 8.5%;
1/2/2020-Total Rate is 10.0%;
10.00%$0.00 10.00%
Finance Processing Fee Returned Check Fee For each bank returned item $30.00 $0.00 $30.00
Finance License Fee Sales Tax License Application Fee Bi-Annual renewal $25.00 $0.00 $25.00
Finance Tax Sales Tax Rate Sales Tax 3.50%$0.00 3.50%
Finance License Fee Special Events Per Event $40.00 $0.00 $40.00
Finance License Fee Tattoo Establishments Annual $100.00 $0.00 $100.00
Finance License Fee Telecommunications Facility: Annual $50.00 $0.00 $50.00
Finance Application Fee Telecommunications Facility: Initial Fee $100.00 $0.00 $100.00
Finance License Fee Telecommunications Tower: Annual $50.00 $0.00 $50.00
Finance Application Fee Telecommunications Tower: Initial Fee $200.00 $0.00 $200.00
Finance License Fee Temporary Employment Services Annual $100.00 $0.00 $100.00
Finance License Fee Trash Hauling Annual Per Truck $100.00 $25.00 $75.00
Finance Tax Use Tax Rate Use Tax 3.50%$0.00 3.50%
Finance Surcharge Fee Waste Transfer Surcharge Per cubic yard $0.63 $0.13 $0.50 Page 322 of 330
Attachment A
2023 Schedule of Service, License and Permit Fees and Utility Rates
City of Englewood, Colorado
2023 Schedule of Service, License and Permit Fees and Utility Rates
Effective January 1, 2023 unless otherwise stated
Department Type Description Description Details Fees and Rates
Effective 1/1/2023
Proposed Fee or Rate
Increase Effective 1/1/2023
Prior Fees and Rate
Parks, Recreation, Library and Golf Penalty Overdue Fine Daily Rate Per item, per day rate $0.20 $0.00 $0.20
Parks, Recreation, Library and Golf Permits and Shelters Park Permits and Shelters Please refer to the following City of
Englewood link for current fees:
http://www.englewoodco.gov/governmen
t/city-departments/parks-and-
recreation/parks/pavilion-rentals-and-park-
permits
Please refer to the following City of
Englewood link for current fees:
http://www.englewoodco.gov/governmen
t/city-departments/parks-and-
recreation/parks/pavilion-rentals-and-park-
permits
Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Please refer to the Recreation Guide for
Current Fee Schedule
Please refer to the Recreation Guide for
Current Fee Schedule
Parks, Recreation, Library and Golf Classes and Programs Golf Program and Course Fees Please refer to the Recreation Guide for
Current Fee Schedule
Please refer to the Recreation Guide for
Current Fee Schedule
Police Code Enforcement Animal Impound Fee $254.58 $254.58
Police Code Enforcement Dangerous Dog Permit Fee $54.00 $54.00
Police Code Enforcement Bee Permit Fee $54.00 $54.00
Police Code Enforcement Zoological Permit Fee $54.00 $54.00
Police Code Enforcement RV Transit Permit Fee $25.00 $25.00
Police Reports Call for Service Reports Per location (address) per year $5.00 $5.00
Police Reports Police Reports $5.00 per report for search, retrieval and
first 5 pages ;
$.25 for each additional page over 5;
Additional $10
fee for certified copies
$5.00 per report for search, retrieval and
first 5 pages ;
$.25 for each additional page over 5;
Additional $10
fee for certified copies
Police Clearance Letters Per letter $10.00 $10.00
Police Evidence Photos (CD)Per CD copied $25.00 $25.00
Police Recording Copies (Dispatch and
Camera Tapes)
Per hour (1 hour minimum)$25.00 $25.00
Police Research Fee Per hour (1 hour minimum)$25.00 $25.00
Police Sex Offender Registration Initial Registration $75.00 $75.00
Police Sex Offender Registration Re-registration per quarter $25.00 $25.00
Police Code Enforcement Re-Inspection fee $55.00 $55.00
Police Reports Body and Dash Cameras BWC footage $25 minimum for the first hour and $25
each hour after
$25 minimum for the first hour and $25
each hour after
Did not exist prior to 2022
Police - Fire Marshal's Office Assessment Environmental Site Assessment Per address fee $100.00 $0.00 $100.00
Police - Fire Marshal's Office Inspection Re-Inspection Fee Initial Fee
(Initial Fee increased by $100 for each
additional re-inspection)
$150.00 $150.00
Police - Fire Marshal's Office Permits Commercial Kitchen Hood Systems $150.00 $150.00
Police - Fire Marshal's Office Permits Fire Sprinkler System - - to 50,000
sq. ft.
$200 + $.025/sq. ft.$200 + $.025/sq. ft.
Police - Fire Marshal's Office Permits Fire Sprinkler System - over
50,000 sq. ft.
$1,450 + $.020/sq. ft. over
50,000 sq. ft.
$1,450 + $.020/sq. ft. over
50,000 sq. ft.
Police - Fire Marshal's Office Permits Miscellaneous Permits $150.00 $150.00
Police - Fire Marshal's Office Permits New Construction Building Plan - 0
to 10,000 sq. ft.
$600.00 $600.00
Police - Fire Marshal's Office Permits New Construction Building Plan -
Over 10,000 sq. ft.
$600 + - $.035/sq. ft. over
10,000 sq. ft.
$600 + - $.035/sq. ft. over
10,000 sq. ft.
Police - Fire Marshal's Office Permits New Construction Building Plan -
Over 50,000 sq. ft.
$2,000 + $.030/sq. ft. over
10,000 sq. ft.
$2,000 + $.030/sq. ft. over
10,000 sq. ft.
Police - Fire Marshal's Office Permits Other Plan Review - (Operational
Permits)
$100/$150 annually with
Inspection
$100/$150 annually with
Inspection
Police - Fire Marshal's Office Permits Parking Structures 1/3 of New Construction Fee 1/3 of New Construction Fee
Police - Fire Marshal's Office Permits Permit Application Fee/All Permits $150.00 $150.00
Police - Fire Marshal's Office Permits Re-Issue of Permit/Plan Review
Comments
$25.00 $25.00
Police - Fire Marshal's Office Permits Tenant Finish/Remodel/Additions -
0 to 10,000 sq. ft.
$250 + $.035/sq. ft.$250 + $.035/sq. ft.
Police - Fire Marshal's Office Permits Tenant Finish/Remodel/Additions -
over 10,000 sq. ft.
$600 + - $.030/sq. ft. over
10,000 sq. ft.
$600 + - $.030/sq. ft. over
10,000 sq. ft.
Police - Fire Marshal's Office Permits Tenant Finish/Remodel/Additions -
over 50,000 sq. ft.
$1,800 + $.025/sq. ft. over
50,000 sq. ft.
$1,800 + $.025/sq. ft. over
50,000 sq. ft.
Police - Fire Marshal's Office Permits Work without a Permit Double the Permit Fee Double the Permit Fee
Police - Fire Marshal's Office Plans Hazardous Materials Inventory
Plan (HMIP)
$200 - Two Year Permit $200 - Two Year Permit
Police - Fire Marshal's Office Hourly Rate, Review/Inspections $80.00 $80.00
Public Works Labor Administrative Per Hour $38.00 $38.00
Public Works Labor Engineers Per Hour $63.00 $63.00
Public Works Labor Inspectors Per Hour $52.00 $52.00
Public Works Labor Inspectors - weekend and overtime rate Per Hour; 1.5 times regular rate $78.00 $78.00
Public Works Occupancy Permits Block Party $25.00 fee; City will not provide barricades $25.00 fee; City will not provide barricadesPage 323 of 330
Attachment A
2023 Schedule of Service, License and Permit Fees and Utility Rates
City of Englewood, Colorado
2023 Schedule of Service, License and Permit Fees and Utility Rates
Effective January 1, 2023 unless otherwise stated
Department Type Description Description Details Fees and Rates
Effective 1/1/2023
Proposed Fee or Rate
Increase Effective 1/1/2023
Prior Fees and Rate
Public Works Occupancy Permits Occupancy - Dumpster/ POD (resident)$25 for first month plus
$190 per each following month or portion
thereof
$25 for first month plus
$190 per each following month or portion
thereof
Public Works Occupancy Permits Oversize/Overweight Vehicle Charge is equal to cost of state permit ($30-
$200)
Charge is equal to cost of state permit ($30-
$200)
Public Works Permit/Service Asphalt Patch Fee $15.00/sq. ft.$15.00/sq. ft.
Public Works Permit/Service Excavation Permit Fee $195 minimum plus hourly rate $195 minimum plus hourly rate
Public Works Permit/Service Gravel Alley Cut Fee $2.00 per square foot $2.00 per square foot
Public Works Permit/Service Penalty Double the calculated permit fee Double the calculated permit fee
Public Works Permit/Service Re-inspection Fee $75.00 $75.00
Public Works Permits Concrete Permit $195 minimum plus hourly rate $195 minimum plus hourly rate
Public Works Permits Occupancy - Contractor $190 per month $190 per month
Public Works Permits Drainage Plan $157.50 plus hourly rate $157.50 plus hourly rate
Public Works Permits Grading, Sediment and Erosion
Control; Stormwater Management Plan
$157.50 plus hourly rate $157.50 plus hourly rate
Public Works Permits Gravel Alley Repair $2.00 per square foot $2.00 per square foot
Public Works Rental Rental of meeting room space Call facility to determine rental rates Call facility to determine rental rates
Public Works Written Requests Encroachment Agreement - Administrative $230.00 $230.00
Public Works Written Requests Encroachment Agreement - City Council $500.00 $500.00
Public Works Written Requests Flood Plain Development Permit $400 plus cost for consultant review $400 plus cost for consultant review
Public Works Concrete Rate Concrete Utility Charge Quarterly Bills: $0.160 per square foot x
Net Square
Footage/4
Quarterly Bills: $0.16 per square foot x Net
Square
Footage/4
Public Works Concrete Rate Concrete Utility Charge Annual Bills: $0.160 per
square foot x Net Square Footage
Annual Bills: $0.16 per
square foot x Net Square Footage
Public Works Storm Water Charge - Commercial Storm Water Charge Per square foot of impervious surface for
commercial and residential properties
$0.0482 $0.0117 $0.0365
Public Works Storm Water Charge - Residential Storm Water Charge $19.25 per month
($57.74 per quarter for SF
residential)
$4.67 per month
($14.00 per quarter)
$14.58 per month
($43.74 per quarter for SF)
residential
South Platte Renew Other Charges Publication of Significant Non- Compliance
(SNC)
EPA Pretreatment Requirement as per Code
of regulations 40. CFR.403
The Pretreatment Division bills the facilities
for the cost of publishing their SNC status
in the Denver Post.
SNC Publican Fee is based on current
newspaper publicaion cost
The Pretreatment Division bills the facilities
for the cost of publishing their SNC status
in the Denver Post.
South Platte Renew Other Charges Reimbursement of sampling Industry reimbursement cost of sampling
activites plus 20% adminstrative cost
The Industrial Pretreatment Division
charges permitted industries for the cost of
sampling associated with their Industrial
Wastewater Permits.
The Industrial Pretreatment Division
charges permitted industries for the cost of
sampling associated with their Industrial
Wastewater Permits.
South Platte Renew Re-inspection fee (proposed in municipal code revisions as
[12-2-3 (D)(4)]
Industrial Users identified for inclusion into
an applicable Sector Control Program may be
charged for the costs incurred by the City for
re-inspections due to failure to correct non-
compliances or violations identified during a
sector control inspection.
Reinspection fee usually not issued due to
Industrial user correcting non-compliance
within required timeframe
A fee of $100 may be assessed for each
inspection required until completion of
violation remedy.
A fee of $100 may be assessed for each
inspection required until completion of
violation remedy.
South Platte Renew Sanitation district inspection charge (proposed in municipal
code revisions as [12-2-3(D)(5)]
Sanitation Districts may be charged for the
cost incurred by the City for inspecting
Industrial Users included in or added to,
based on inspection results, the City’s Fats,
Oils, and Grease (FOG) or Petroleum Oil,
Grease and Sand (POGS) Sector Control
Program.
The City may charge $50 per inspection for
facilities contributing wastewater to the
POTW from locations outside the City
boundary.
The City may charge $50 per inspection for
facilities contributing wastewater to the
POTW from locations outside the City
boundary.
South Platte Renew Surcharge for BOD, COD,
and TSS in excess of normal domestic strength [12-2-3
(D) (2)]
Unit charge for additional oxygen demand
(AOD)
Surcharge based on volume of flow and
dischare wastestrength
$0.02 per pound $0.02 per pound
South Platte Renew Trucked and Hauled Septage Waste hauler permit fee [12-2-4 (I) Septic
Waste Fees and Charges]
$100 (Permits currently issued every three
years)
$100 (permits are issued every three years)
South Platte Renew Unit charge for additional suspended solids
(SS)
$0.11 per pound $0.10 per pound
South Platte Renew Waste hauler discharge fee [12-2-4 (I) Septic
Waste Fees and Charges]
$0.09 per gallon $0.09 per gallon
Utilities In City District Sewer - Monthly 1" meter - Flat $67.41 $2.90 $64.51
Utilities In City District Sewer - Monthly 1" meter - Minimum $61.25 $2.64 $58.61
Utilities In City District Sewer - Monthly 1.5" meter - Flat $134.74 $5.80 $128.94
Utilities In City District Sewer - Monthly 1.5" meter - Minimum $122.21 $5.26 $116.95
Utilities In City District Sewer - Monthly 10" meter - Flat $3,068.77 $132.15 $2,936.62
Utilities In City District Sewer - Monthly 10" meter - Minimum $2,789.97 $120.14 $2,669.83
Utilities In City District Sewer - Monthly 2" meter - Flat $215.97 $9.30 $206.67
Utilities In City District Sewer - Monthly 2" meter - Minimum $195.87 $8.43 $187.44 Page 324 of 330
Attachment A
2023 Schedule of Service, License and Permit Fees and Utility Rates
City of Englewood, Colorado
2023 Schedule of Service, License and Permit Fees and Utility Rates
Effective January 1, 2023 unless otherwise stated
Department Type Description Description Details Fees and Rates
Effective 1/1/2023
Proposed Fee or Rate
Increase Effective 1/1/2023
Prior Fees and Rate
Utilities In City District Sewer - Monthly 3" meter - Flat $431.05 $18.56 $412.49
Utilities In City District Sewer - Monthly 3" meter - Minimum $390.92 $16.83 $374.09
Utilities In City District Sewer - Monthly 3/4" meter - Flat $40.63 $1.75 $38.88
Utilities In City District Sewer - Monthly 3/4" meter - Minimum $36.97 $1.59 $35.38
Utilities In City District Sewer - Monthly 4" meter - Flat $673.74 $29.01 $644.73
Utilities In City District Sewer - Monthly 4" meter - Minimum $610.80 $26.30 $584.50
Utilities In City District Sewer - Monthly 5/8" meter - Flat $26.80 $1.15 $25.65
Utilities In City District Sewer - Monthly 5/8" meter - Minimum $24.56 $1.06 $23.50
Utilities In City District Sewer - Monthly 6" meter - Flat $1,347.44 $58.02 $1,289.42
Utilities In City District Sewer - Monthly 6" meter - Minimum $1,221.59 $52.60 $1,168.99
Utilities In City District Sewer - Monthly 8" meter - Flat $2,134.74 $91.93 $2,042.81
Utilities In City District Sewer - Monthly 8" meter - Minimum $1,940.82 $83.58 $1,857.24
Utilities In City District Sewer - Monthly Mobile Unit - Flat $7.40 $0.32 $7.08
Utilities In City District Sewer - Monthly Mobile Unit - Minimum $6.90 $0.30 $6.60
Utilities In City District Sewer - Monthly Multi-Fam Unit - Flat $12.03 $0.52 $11.51
Utilities In City District Sewer - Monthly Multi-Fam Unit - Minimum $11.04 $0.48 $10.56
Utilities In City District Sewer - Monthly Single-Family Dwell - Flat $19.42 $0.84 $18.58
Utilities In City District Sewer - Monthly Single-Family Dwell - Minimum $17.66 $0.76 $16.90
Utilities In City Sewer - Monthly 1" meter - Flat $87.10 $3.75 $83.35
Utilities In City Sewer - Monthly 1" meter - Minimum $79.58 $3.43 $76.15
Utilities In City Sewer - Monthly 1.5" meter - Flat $174.18 $7.50 $166.68
Utilities In City Sewer - Monthly 1.5" meter - Minimum $158.79 $6.84 $151.95
Utilities In City Sewer - Monthly 10" meter - Flat $3,978.95 $171.34 $3,807.61
Utilities In City Sewer - Monthly 10" meter - Minimum $3,624.85 $156.09 $3,468.76
Utilities In City Sewer - Monthly 2" meter - Flat $279.18 $12.02 $267.16
Utilities In City Sewer - Monthly 2" meter - Minimum $254.49 $10.96 $243.53
Utilities In City Sewer - Monthly 3" meter - Flat $557.24 $24.00 $533.24
Utilities In City Sewer - Monthly 3" meter - Minimum $507.90 $21.87 $486.03
Utilities In City Sewer - Monthly 3/4" meter - Flat $52.53 $2.26 $50.27
Utilities In City Sewer - Monthly 3/4" meter - Minimum $48.03 $2.07 $45.96
Utilities In City Sewer - Monthly 4" meter - Flat $870.98 $37.51 $833.47
Utilities In City Sewer - Monthly 4" meter - Minimum $793.57 $34.17 $759.40
Utilities In City Sewer - Monthly 5/8" meter - Flat $34.59 $1.49 $33.10
Utilities In City Sewer - Monthly 5/8" meter - Minimum $31.90 $1.37 $30.53
Utilities In City Sewer - Monthly 6" meter - Flat $1,742.00 $75.01 $1,666.99
Utilities In City Sewer - Monthly 6" meter - Minimum $1,587.15 $68.35 $1,518.80
Utilities In City Sewer - Monthly 8" meter - Flat $2,767.95 $119.19 $2,648.76
Utilities In City Sewer - Monthly 8" meter - Minimum $2,521.60 $108.59 $2,413.01
Utilities In City Sewer - Monthly Mobile Unit - Flat $9.57 $0.41 $9.16
Utilities In City Sewer - Monthly Mobile Unit - Minimum $8.97 $0.39 $8.58
Utilities In City Sewer - Monthly Multi-Fam Unit - Flat $15.55 $0.67 $14.88
Utilities In City Sewer - Monthly Multi-Fam Unit - Minimum $14.34 $0.62 $13.72
Utilities In City Sewer - Monthly Single-Family Dwell - Flat $25.11 $1.08 $24.03
Utilities In City Sewer - Monthly Single-Family Dwell - Minimum $22.94 $0.99 $21.95
Utilities District Sewer Billed Monthly
Outside City Rates
1" meter - Flat $101.61 $4.38 $97.23
Utilities District Sewer Billed Monthly
Outside City Rates
1.5" meter - Flat $203.22 $8.75 $194.47
Utilities District Sewer Billed Monthly
Outside City Rates
10" meter - Flat $4,640.55 $199.83 $4,440.72
Utilities District Sewer Billed Monthly
Outside City Rates
2" meter - Flat $325.63 $14.02 $311.61
Utilities District Sewer Billed Monthly
Outside City Rates
3" meter - Flat $649.79 $27.98 $621.81
Utilities District Sewer Billed Monthly
Outside City Rates
3/4" meter - Flat $61.27 $2.64 $58.63
Utilities District Sewer Billed Monthly
Outside City Rates
4" meter - Flat $1,015.77 $43.74 $972.03
Utilities District Sewer Billed Monthly
Outside City Rates
5/8" meter - Flat $40.37 $1.74 $38.63
Utilities District Sewer Billed Monthly
Outside City Rates
6" meter - Flat $2,031.57 $87.48 $1,944.09
Utilities District Sewer Billed Monthly
Outside City Rates
8" meter - Flat $3,228.18 $139.01 $3,089.17
Utilities District Sewer Billed Monthly
Outside City Rates
Mobile Unit - Flat $11.17 $0.48 $10.69
Utilities District Sewer Billed Monthly
Outside City Rates
Multi-Fam Unit - Flat $18.14 $0.78 $17.36
Utilities District Sewer Billed Monthly
Outside City Rates
Single-Family Dwell - Flat $29.23 $1.26 $27.97
Utilities District Sewer Billed Monthly
Outside City Rates
1" meter - Minimum $93.03 $4.01 $89.02 Page 325 of 330
Attachment A
2023 Schedule of Service, License and Permit Fees and Utility Rates
City of Englewood, Colorado
2023 Schedule of Service, License and Permit Fees and Utility Rates
Effective January 1, 2023 unless otherwise stated
Department Type Description Description Details Fees and Rates
Effective 1/1/2023
Proposed Fee or Rate
Increase Effective 1/1/2023
Prior Fees and Rate
Utilities District Sewer Billed Monthly
Outside City Rates
1.5" meter - Minimum $185.63 $7.99 $177.64
Utilities District Sewer Billed Monthly
Outside City Rates
10" meter - Minimum $4,237.80 $182.49 $4,055.31
Utilities District Sewer Billed Monthly
Outside City Rates
2" meter - Minimum $297.52 $12.81 $284.71
Utilities District Sewer Billed Monthly
Outside City Rates
3" meter - Minimum $593.79 $25.57 $568.22
Utilities District Sewer Billed Monthly
Outside City Rates
3/4" meter - Minimum $56.15 $2.42 $53.73
Utilities District Sewer Billed Monthly
Outside City Rates
4" meter - Minimum $927.76 $39.95 $887.81
Utilities District Sewer Billed Monthly
Outside City Rates
5/8" meter - Minimum $37.30 $1.61 $35.69
Utilities District Sewer Billed Monthly
Outside City Rates
6" meter - Minimum $1,855.53 $79.90 $1,775.63
Utilities District Sewer Billed Monthly
Outside City Rates
8" meter - Minimum $2,947.99 $126.95 $2,821.04
Utilities District Sewer Billed Monthly
Outside City Rates
Mobile Unit - Minimum $10.48 $0.45 $10.03
Utilities District Sewer Billed Monthly
Outside City Rates
Multi-Fam Unit - Minimum $16.76 $0.72 $16.04
Utilities District Sewer Billed Monthly
Outside City Rates
Single-Family Dwell - Minimum $26.81 $1.15 $25.66
Utilities Sewer Treatment Connection Fee-Inside City 1" meter $3,481.59 $109.59 $3,372.00
Utilities Sewer Treatment Connection Fee-Inside City 1.5" meter $6,943.56 $218.56 $6,725.00
Utilities Sewer Treatment Connection Fee-Inside City 10" meter $160,069.51 $5,038.51 $155,031.00
Utilities Sewer Treatment Connection Fee-Inside City 2" meter $11,157.20 $351.20 $10,806.00
Utilities Sewer Treatment Connection Fee-Inside City 3" meter $22,267.93 $700.93 $21,567.00
Utilities Sewer Treatment Connection Fee-Inside City 3/4" meter or less $2,087.72 $65.72 $2,022.00
Utilities Sewer Treatment Connection Fee-Inside City 4" meter $34,813.84 $1,095.84 $33,718.00
Utilities Sewer Treatment Connection Fee-Inside City 6" meter $83,515.83 $2,628.83 $80,887.00
Utilities Sewer Treatment Connection Fee-Inside City 8" meter $111,354.09 $3,505.09 $107,849.00
Utilities Sewer Treatment Connection Fee-Inside City Multi-Family and Mobile Home Base charge $1,566.30 $49.30 $1,517.00
Utilities Sewer Treatment Connection Fee-Inside City Multi-Family and Mobile Home First 12 Units (each)$342.79 $10.79 $332.00
Utilities Sewer Treatment Connection Fee-Inside City Multi-Family and Mobile Home Next 22 Unites (each)$277.74 $8.74 $269.00
Utilities Sewer Treatment Connection Fee-Inside City Multi-Family and Mobile Home Units Over 34 (each)$157.97 $4.97 $153.00
Utilities Sewer Treatment Connection Fee-Outside City 1" meter $3,481.59 $109.59 $3,372.00
Utilities Sewer Treatment Connection Fee-Outside City 1.5" meter $6,943.56 $218.56 $6,725.00
Utilities Sewer Treatment Connection Fee-Outside City 10" meter $160,069.51 $5,038.51 $155,031.00
Utilities Sewer Treatment Connection Fee-Outside City 2" meter $11,157.20 $351.20 $10,806.00
Utilities Sewer Treatment Connection Fee-Outside City 3" meter $22,267.93 $700.93 $21,567.00
Utilities Sewer Treatment Connection Fee-Outside City 3/4" meter or less $2,087.72 $65.72 $2,022.00
Utilities Sewer Treatment Connection Fee-Outside City 4" meter $34,813.84 $1,095.84 $33,718.00
Utilities Sewer Treatment Connection Fee-Outside City 6" meter $83,515.83 $2,628.83 $80,887.00
Utilities Sewer Treatment Connection Fee-Outside City 8" meter $111,354.09 $3,505.09 $107,849.00
Utilities Sewer Treatment Connection Fee-Outside City Multi-Family and Mobile Home Base Charge $1,566.30 $49.30 $1,517.00
Utilities Sewer Treatment Connection Fee-Outside City Multi-Family and Mobile Home First 12 Units (each)$342.79 $10.79 $332.00
Utilities Sewer Treatment Connection Fee-Outside City Multi-Family and Mobile Home Next 22 Unites (each)$277.74 $8.74 $269.00
Utilities Sewer Treatment Connection Fee-Outside City Multi-Family and Mobile Home Units Over 34 (each)$157.97 $4.97 $153.00
Utilities Sewer Collection Surcharge Fee 1" meter $709.33 $22.33 $687.00
Utilities Sewer Collection Surcharge Fee 1.5" meter $1,414.53 $44.53 $1,370.00
Utilities Sewer Collection Surcharge Fee 2" meter $2,272.53 $71.53 $2,201.00
Utilities Sewer Collection Surcharge Fee 3" meter $4,534.74 $142.74 $4,392.00
Utilities Sewer Collection Surcharge Fee 3/4" meter or less $425.39 $13.39 $412.00
Utilities Sewer Collection Surcharge Fee 4" meter $7,090.18 $223.18 $6,867.00
Utilities Sewer Collection Surcharge Fee 6" meter $17,008.37 $535.37 $16,473.00
Utilities Sewer Collection Surcharge Fee Multi-Family and Mobile Home Base Charge $319.04 $10.04 $309.00
Utilities Sewer Collection Surcharge Fee Multi-Family and Mobile Home First 12 Units (each)$71.24 $2.24 $69.00
Utilities Sewer Collection Surcharge Fee Multi-Family and Mobile Home Next 22 Unites (each)$54.72 $1.72 $53.00
Utilities Sewer Collection Surcharge Fee Multi-Family and Mobile Home Units Over 34 (each)$34.07 $1.07 $33.00
Utilities Sewer Treatment and Collection Charge Total - Inside City Total - Inside Rate per 1000 gallons $3.58 $0.15 $3.4300
Utilities Sewer Treatment Charge - Inside City Rate per 1000 gallons $2.76 $0.12 $2.6400
Utilities Sewer Collection Charge - Inside City Rate per 1000 gallons $0.83 $0.04 $0.7900
Utilities Sewer Treatment Charge-Outside City Rate per 1000 gallons $4.19 $0.18 $4.01
Utilities Interceptor Basin Agreement (IBA) - Annual Interceptor Basin Agreement (IBA) Charge Annual Bills: Winter volume x $.22059 x 6 =
IBA Charge;
$18.00 minimum
Annual Bills: Winter volume x $.22059 x 6 =
IBA Charge;
$18.00 minimum
Utilities Interceptor Basin Agreement (IBA) - Monthly Interceptor Basin Agreement (IBA) Charge Monthly Bills: Winter volume x $.22059 =
IBA Charge;
$4.50 minimum
Monthly Bills: Winter volume x $.22059 =
IBA Charge;
$4.50 minimum
Utilities Labor Administrative $38.00 / Hour $38.00 / HourPage 326 of 330
Attachment A
2023 Schedule of Service, License and Permit Fees and Utility Rates
City of Englewood, Colorado
2023 Schedule of Service, License and Permit Fees and Utility Rates
Effective January 1, 2023 unless otherwise stated
Department Type Description Description Details Fees and Rates
Effective 1/1/2023
Proposed Fee or Rate
Increase Effective 1/1/2023
Prior Fees and Rate
Utilities Labor Inspector $55.00 / Hour $55.00 / Hour
Utilities Labor Development Plan Review Fee Engineer $135.00 / Hour $50.00 / Hour $85.00 / Hour
Utilities Labor Development Plan Review Fee Technician (Added)$46.00 / Hour not previously charged $0.00
Utilities Labor Development Plan Review Fee Consultant (Added)$100.00 / Hour to $175.00 / Hour not previously charged $0.00
Utilities Outside City District Sewer - Annual 1" meter - Flat $1,219.26 $52.50 $1,166.76
Utilities Outside City District Sewer - Annual 1" meter - Minimum $1,116.31 $48.07 $1,068.24
Utilities Outside City District Sewer - Annual 1.5" meter - Flat $2,438.65 $105.01 $2,333.64
Utilities Outside City District Sewer - Annual 1.5" meter - Minimum $2,227.61 $95.93 $2,131.68
Utilities Outside City District Sewer - Annual 10" meter - Flat $55,686.63 $2,397.99 $53,288.64
Utilities Outside City District Sewer - Annual 10" meter - Minimum $50,853.59 $2,189.87 $48,663.72
Utilities Outside City District Sewer - Annual 2" meter - Flat $3,907.59 $168.27 $3,739.32
Utilities Outside City District Sewer - Annual 2" meter - Minimum $3,570.26 $153.74 $3,416.52
Utilities Outside City District Sewer - Annual 3" meter - Flat $7,797.50 $335.78 $7,461.72
Utilities Outside City District Sewer - Annual 3" meter - Minimum $7,125.48 $306.84 $6,818.64
Utilities Outside City District Sewer - Annual 3/4" meter - Flat $735.22 $31.66 $703.56
Utilities Outside City District Sewer - Annual 3/4" meter - Minimum $673.77 $29.01 $644.76
Utilities Outside City District Sewer - Annual 4" meter - Flat $12,189.26 $524.90 $11,664.36
Utilities Outside City District Sewer - Annual 4" meter - Minimum $11,133.14 $479.42 $10,653.72
Utilities Outside City District Sewer - Annual 5/8" meter - Flat $484.42 $20.86 $463.56
Utilities Outside City District Sewer - Annual 5/8" meter - Minimum $447.55 $19.27 $428.28
Utilities Outside City District Sewer - Annual 6" meter - Flat $24,378.89 $1,049.81 $23,329.08
Utilities Outside City District Sewer - Annual 6" meter - Minimum $22,266.40 $958.84 $21,307.56
Utilities Outside City District Sewer - Annual 8" meter - Flat $38,738.19 $1,668.15 $37,070.04
Utilities Outside City District Sewer - Annual 8" meter - Minimum $35,375.84 $1,523.36 $33,852.48
Utilities Outside City District Sewer - Annual Mobile Unit - Flat $134.05 $5.77 $128.28
Utilities Outside City District Sewer - Annual Mobile Unit - Minimum $125.78 $5.42 $120.36
Utilities Outside City District Sewer - Annual Multi-Fam Unit - Flat $217.69 $9.37 $208.32
Utilities Outside City District Sewer - Annual Multi-Fam Unit - Minimum $201.14 $8.66 $192.48
Utilities Outside City District Sewer - Annual Single-Family Dwell - Flat $350.74 $15.10 $335.64
Utilities Outside City District Sewer - Annual Single-Family Dwell - Minimum $321.78 $13.86 $307.92
Utilities Outside City District Sewer - Monthly 1" meter - Flat $101.61 $4.38 $97.23
Utilities Outside City District Sewer - Monthly 1" meter - Minimum $93.03 $4.01 $89.02
Utilities Outside City District Sewer - Monthly 1.5" meter - Flat $203.22 $8.75 $194.47
Utilities Outside City District Sewer - Monthly 1.5" meter - Minimum $185.63 $7.99 $177.64
Utilities Outside City District Sewer - Monthly 10" meter - Flat $4,640.55 $199.83 $4,440.72
Utilities Outside City District Sewer - Monthly 10" meter - Minimum $4,237.80 $182.49 $4,055.31
Utilities Outside City District Sewer - Monthly 2" meter - Flat $325.63 $14.02 $311.61
Utilities Outside City District Sewer - Monthly 2" meter - Minimum $297.52 $12.81 $284.71
Utilities Outside City District Sewer - Monthly 3" meter - Flat $649.79 $27.98 $621.81
Utilities Outside City District Sewer - Monthly 3" meter - Minimum $593.79 $25.57 $568.22
Utilities Outside City District Sewer - Monthly 3/4" meter - Flat $61.32 $2.64 $58.68
Utilities Outside City District Sewer - Monthly 3/4" meter - Minimum $56.15 $2.42 $53.73
Utilities Outside City District Sewer - Monthly 4" meter - Flat $1,015.77 $43.74 $972.03
Utilities Outside City District Sewer - Monthly 4" meter - Minimum $927.76 $39.95 $887.81
Utilities Outside City District Sewer - Monthly 5/8" meter - Flat $40.37 $1.74 $38.63
Utilities Outside City District Sewer - Monthly 5/8" meter - Minimum $37.30 $1.61 $35.69
Utilities Outside City District Sewer - Monthly 6" meter - Flat $2,031.57 $87.48 $1,944.09
Utilities Outside City District Sewer - Monthly 6" meter - Minimum $1,855.53 $79.90 $1,775.63
Utilities Outside City District Sewer - Monthly 8" meter - Flat $3,228.18 $139.01 $3,089.17
Utilities Outside City District Sewer - Monthly 8" meter - Minimum $2,947.99 $126.95 $2,821.04
Utilities Outside City District Sewer - Monthly Mobile Unit - Flat $11.17 $0.48 $10.69
Utilities Outside City District Sewer - Monthly Mobile Unit - Minimum $10.48 $0.45 $10.03
Utilities Outside City District Sewer - Monthly Multi-Fam Unit - Flat $18.14 $0.78 $17.36 Page 327 of 330
Attachment A
2023 Schedule of Service, License and Permit Fees and Utility Rates
City of Englewood, Colorado
2023 Schedule of Service, License and Permit Fees and Utility Rates
Effective January 1, 2023 unless otherwise stated
Department Type Description Description Details Fees and Rates
Effective 1/1/2023
Proposed Fee or Rate
Increase Effective 1/1/2023
Prior Fees and Rate
Utilities Outside City District Sewer - Monthly Multi-Fam Unit - Minimum $16.76 $0.72 $16.04
Utilities Outside City District Sewer - Monthly Single-Family Dwell - Flat $29.23 $1.26 $27.97
Utilities Outside City District Sewer - Monthly Single-Family Dwell - Minimum $26.81 $1.15 $25.66
Utilities Penalty Unauthorized Use of Water $500.00 $0.00 $500.00
Utilities Penalty Delinquent Bills/Late Fees - Inside City One-time charge per bill - 2.5% of
outstanding bill balance
One-time charge per bill - 2.5% of
outstanding bill balance
Utilities Penalty Delinquent Bills/Late Fees - Outside City One-time charge per bill - 25% of
outstanding sewer treatment charge
balance
One-time charge per bill - 25% of
outstanding sewer treatment charge
balance
Utilities Permit/Service Tap Permit/Inspection $52.00 $0.00 $52.00
Utilities Permit/Service Fire Hydrant Permit/Inspection $45.00 $0.00 $45.00
Utilities Permit/Service Re-inspection $45.00 $0.00 $45.00
Utilities Service Request New Account Setup $20.00 $0.00 $20.00
Utilities Service Request Title Status - Status Only $10.00 $0.00 $10.00
Utilities Service Request Title Status - Account Transfer $15.00 $0.00 $15.00
Utilities Service Request Title Status - Cancel Transfer $20.00 $0.00 $20.00
Utilities Service Request Red Tags (administered by mailing)$5 (door hanging)$5 (door hanging)
Utilities Service Request Turn off (nonpayment)$15.00 $0.00 $15.00
Utilities Service Request Liens $20.00 $0.00 $20.00
Utilities Service Request Plan Review/Inspection Actual Costs incurred by the Department for
Development Review, reviews prior to an
issuance of a permit associated with zoning,
PUDs, Major and Minor Subdivision permits,
Conditional Use Permits, all other permits
required under Englewood Municipal Code
Title 16, and associated tasks. The
Department will invoice all costs exceeding
the deposit and will reimburse any
remaining funds upon completion of the
project.
Plan Review/Inspection fee shall be waived
for single-family, owner-occupied.
Hourly Rate of Labor Costs, including
Engineer, Technician, or Consultant.
Minimum Deposit Required:
$1000.00 for 4 Residential Units or less
$5000.00 for over 4 Residential Units,
Commercial and Industrial Developments
$220.00 minmum plus hourly rate
Utilities Service Request Fire Hydrant Flow Test Inspection The Department will deduct these fees
against the required deposit for Plan
Review/Inspection, if applicable.
The Department will invoice all costs
exceeding the deposit, if applicable, and will
reimburse any remaining funds.
If the deposit is not required, the
Department will assess these fees
separately.
$225.00 $135.00 $90.00
Utilities Water - Inside Metered Rates 1" meter Admin $4.19 $0.18 $4.01
Utilities Water - Inside Metered Rates 1" meter Min
Usage included in minimum bill (gallons)-
7,000
$27.43 $1.18 $26.25
Utilities Water - Inside Metered Rates 1.5" meter Admin $5.15 $0.22 $4.93
Utilities Water - Inside Metered Rates 1.5" meter Min
Usage included in minimum bill (gallons)-
15,000
$56.12 $2.42 $53.70
Utilities Water - Inside Metered Rates 10" meter Admin $109.53 $4.72 $104.81
Utilities Water - Inside Metered Rates 10" meter Min
Usage included in minimum bill (gallons)-
150,000
$561.17 $24.17 $537.00
Utilities Water - Inside Metered Rates 2" meter Admin $8.38 $0.36 $8.02
Utilities Water - Inside Metered Rates 2" meter Min
Usage included in minimum bill (gallons)-
24,000
$89.79 $3.87 $85.92
Utilities Water - Inside Metered Rates 3" meter Admin $32.22 $1.39 $30.83
Utilities Water - Inside Metered Rates 3" meter Min
Usage included in minimum bill (gallons)-
45,000
$168.35 $7.25 $161.10
Utilities Water - Inside Metered Rates 3/4" meter Admin $3.22 $0.14 $3.08
Utilities Water - Inside Metered Rates 3/4" meter Min
Usage included in minimum bill (gallons)-
None
$0.00 $0.00 $0.00
Utilities Water - Inside Metered Rates 4" meter Admin $40.92 $1.76 $39.16
Utilities Water - Inside Metered Rates 4" meter Min
Usage included in minimum bill (gallons)-
75,000
$280.58 $12.08 $268.50
Utilities Water - Inside Metered Rates 5/8" meter Admin $3.22 $0.14 $3.08 Page 328 of 330
Attachment A
2023 Schedule of Service, License and Permit Fees and Utility Rates
City of Englewood, Colorado
2023 Schedule of Service, License and Permit Fees and Utility Rates
Effective January 1, 2023 unless otherwise stated
Department Type Description Description Details Fees and Rates
Effective 1/1/2023
Proposed Fee or Rate
Increase Effective 1/1/2023
Prior Fees and Rate
Utilities Water - Inside Metered Rates 5/8" meter Min
Usage included in minimum bill (gallons)-
None
$0.00 $0.00 $0.00
Utilities Water - Inside Metered Rates 6" meter Admin $61.54 $2.65 $58.89
Utilities Water - Inside Metered Rates 6" meter Min
Usage included in minimum bill (gallons)-
150,000
$561.17 $24.17 $537.00
Utilities Water - Inside Metered Rates Monthly Usage Rate per 1000
gallons
First 400,000 $3.74 $0.16 $3.58
Utilities Water - Inside Metered Rates Monthly Usage Rate per 1000
gallons
Over 400,000 $2.32 $0.10 $2.22
Utilities Water - Outside Metered Rates 1" meter Admin $5.86 $0.25 $5.61
Utilities Water - Outside Metered Rates 1" meter Min
Usage included in minimum bill (gallons)-
7,333
$38.39 $1.65 $36.74
Utilities Water - Outside Metered Rates 1.5" meter Admin $7.22 $0.31 $6.91
Utilities Water - Outside Metered Rates 1.5" meter Min
Usage included in minimum bill (gallons)-
15,000
$78.53 $3.38 $75.15
Utilities Water - Outside Metered Rates 10" meter Admin $153.34 $6.60 $146.74
Utilities Water - Outside Metered Rates 10" meter Min
Usage included in minimum bill (gallons)-
150,000
$785.32 $33.82 $751.50
Utilities Water - Outside Metered Rates 2" meter Admin $11.72 $0.50 $11.22
Utilities Water - Outside Metered Rates 2" meter Min
Usage included in minimum bill (gallons)-
24,000
$125.65 $5.41 $120.24
Utilities Water - Outside Metered Rates 3" meter Admin $45.10 $1.94 $43.16
Utilities Water - Outside Metered Rates 3" meter Min
Usage included in minimum bill (gallons)-
45,000
$235.60 $10.15 $225.45
Utilities Water - Outside Metered Rates 3/4" meter Admin $4.51 $0.19 $4.32
Utilities Water - Outside Metered Rates 3/4" meter Min
Usage included in minimum bill (gallons)-
None
$0.00 $0.00 $0.00
Utilities Water - Outside Metered Rates 4" meter Admin $57.28 $2.47 $54.81
Utilities Water - Outside Metered Rates 4" meter Min
Usage included in minimum bill (gallons)-
75,000
$392.66 $16.91 $375.75
Utilities Water - Outside Metered Rates 5/8" meter Admin $4.51 $0.19 $4.32
Utilities Water - Outside Metered Rates 5/8" meter Min
Usage included in minimum bill (gallons)-
None
$0.00 $0.00 $0.00
Utilities Water - Outside Metered Rates 6" meter Admin $86.15 $3.71 $82.44
Utilities Water - Outside Metered Rates 6" meter Min
Usage included in minimum bill (gallons)-
150,000
$785.32 $33.82 $751.50
Utilities Water - Outside Metered Rates Monthly Usage Rate per 1000 gallons First 400,000 $5.24 $0.23 $5.01
Utilities Water - Outside Metered Rates Monthly Usage Rate per 1000
gallons
Over 400,000 $3.24 $0.14 $3.10
Utilities Capital Improvement Monthly Fee - Inside 1" meter $26.68 $1.68 $25.00
Utilities Capital Improvement Monthly Fee - Outside 1" meter $36.68 $1.68 $35.00
Utilities Capital Improvement Monthly Fee - Inside 1.5" meter $53.21 $3.31 $49.90
Utilities Capital Improvement Monthly Fee - Outside 1.5" meter $73.17 $3.27 $69.90
Utilities Capital Improvement Monthly Fee - Inside 10" meter $2,240.00 $140.00 $2,100.00
Utilities Capital Improvement Monthly Fee - Outside 10" meter $3,080.00 $140.00 $2,940.00
Utilities Capital Improvement Monthly Fee - Inside 2" meter $85.50 $5.30 $80.20
Utilities Capital Improvement Monthly Fee - Outside 2" meter $117.57 $5.27 $112.30
Utilities Capital Improvement Monthly Fee - Inside 3" meter $170.64 $10.64 $160.00
Utilities Capital Improvement Monthly Fee - Outside 3" meter $234.63 $10.63 $224.00
Utilities Capital Improvement Monthly Fee - Inside 3/4" meter $16.00 $1.00 $15.00
Utilities Capital Improvement Monthly Fee - Outside 3/4" meter $22.00 $1.00 $21.00
Utilities Capital Improvement Monthly Fee - Inside 4" meter $266.79 $16.69 $250.10
Utilities Capital Improvement Monthly Fee - Outside 4" meter $366.83 $16.73 $350.10
Utilities Capital Improvement Monthly Fee - Inside 5/8" meter $16.00 $1.00 $15.00
Utilities Capital Improvement Monthly Fee - Outside 5/8" meter $22.00 $1.00 $21.00
Utilities Capital Improvement Monthly Fee - Inside 6" meter $640.00 $40.00 $600.00
Utilities Capital Improvement Monthly Fee - Outside 6" meter $880.00 $40.00 $840.00
Utilities Capital Improvement Monthly Fee - Inside Flat $16.00 $1.00 $15.00
Utilities Capital Improvement Monthly Fee - Outside Flat $22.00 $1.00 $21.00
Utilities Water Connection Fee-Inside City 1" meter $33,551.09 $1,056.09 $32,495.00
Utilities Water Connection Fee-Inside City 1.5" meter $66,918.39 $2,106.39 $64,812.00
Utilities Water Connection Fee-Inside City 2" meter $107,530.75 $3,384.75 $104,146.00 Page 329 of 330
Attachment A
2023 Schedule of Service, License and Permit Fees and Utility Rates
City of Englewood, Colorado
2023 Schedule of Service, License and Permit Fees and Utility Rates
Effective January 1, 2023 unless otherwise stated
Department Type Description Description Details Fees and Rates
Effective 1/1/2023
Proposed Fee or Rate
Increase Effective 1/1/2023
Prior Fees and Rate
Utilities Water Connection Fee-Inside City 3" meter $214,601.00 $6,755.00 $207,846.00
Utilities Water Connection Fee-Inside City 3/4" meter $20,121.36 $633.36 $19,488.00
Utilities Water Connection Fee-Inside City 4" meter $335,516.04 $10,561.04 $324,955.00
Utilities Water Connection Fee-Inside City 6" meter $804,868.86 $25,334.86 $779,534.00
Utilities Water Connection Fee-Inside City Multi-Family and Mobile Home Base Charge $12,091.61 $380.61 $11,711.00
Utilities Water Connection Fee-Inside City Multi-Family and Mobile Home First 12 Units (each)$2,677.27 $84.27 $2,593.00
Utilities Water Connection Fee-Inside City Multi-Family and Mobile Home Next 22 Unites (each)$2,077.39 $65.39 $2,012.00
Utilities Water Connection Fee-Inside City Multi-Family and Mobile Home Units Over 34 (each)$1,268.94 $39.94 $1,229.00
Utilities Water Connection Fee-Inside City Commercial/Mixed Use First 125 Units (each)$383.06 $12.06 $371.00
Utilities Water Connection Fee-Inside City Commercial/Mixed Use Next 250 Unites (each)$162.10 $5.10 $157.00
Utilities Water Connection Fee-Inside City Commercial/Mixed Use Units Over 375 (each)$119.77 $3.77 $116.00
Utilities Water Connection Fee-Outside City 1" meter $46,971.52 $1,478.52 $45,493.00
Utilities Water Connection Fee-Outside City 1.5" meter $93,686.99 $2,948.99 $90,738.00
Utilities Water Connection Fee-Outside City 2" meter $150,543.66 $4,738.66 $145,805.00
Utilities Water Connection Fee-Outside City 3" meter $300,442.01 $9,457.01 $290,985.00
Utilities Water Connection Fee-Outside City 3/4" meter $28,170.73 $886.73 $27,284.00
Utilities Water Connection Fee-Outside City 4" meter $469,721.42 $14,785.42 $454,936.00
Utilities Water Connection Fee-Outside City 6" meter $1,126,816.81 $35,468.81 $1,091,348.00
Utilities Water Connection Fee-Outside City Multi-Family and Mobile Home Base Charge $16,927.84 $532.84 $16,395.00
Utilities Water Connection Fee-Outside City Multi-Family and Mobile Home First 12 Units (each)$3,747.98 $117.98 $3,630.00
Utilities Water Connection Fee-Outside City Multi-Family and Mobile Home Next 22 Unites (each)$2,908.55 $91.55 $2,817.00
Utilities Water Connection Fee-Outside City Multi-Family and Mobile Home Units Over 34 (each)$1,776.93 $55.93 $1,721.00
Utilities Water Connection Fee-Outside City Commercial/Mixed Use First 125 Units (each)$535.87 $16.87 $519.00
Utilities Water Connection Fee-Outside City Commercial/Mixed Use Next 250 Unites (each)$227.15 $7.15 $220.00
Utilities Water Connection Fee-Outside City Commercial/Mixed Use Units Over 375 (each)$182.75 $5.75 $177.00
Utilities Water - Temporary Hydrant Usage Construction Water (Added - but on the
website already)
New Comments: Water use is charged at the
Inside City Monthly Metered Usage Rate and
shall be billed separately after the final
meter usage is read. The minimum charge
for water use from a hydrant is based on
10,000 gallons at the Inside City Monthly
Metered Usage Rate. (website:
https://www.englewoodco.gov/government
/city-departments/utilities/contractors/fire-
hydrant-use-regulations)
$3.74 $0.24 $3.50 Page 330 of 330