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HomeMy WebLinkAbout2023-02-27 (Special) Meeting Agenda Packet Please note: If you have a disability and need auxiliary aids or services, please notify the City of Englewood (303-762-2405) at least 48 hours in advance of when services are needed. Community Room 1000 Englewood Parkway Englewood, CO 80110 AGENDA City Council Special Meeting Monday, February 27, 2023 ♦ 6:00 PM Council Dinner will be available at 5:30 p.m. Please park on the second level as the first floor lobbies are both currently closed. To view the meeting, please follow this link to our YouTube live stream link: https://www.youtube.com/watch?v=3pHbqizMVFQ I. Call to Order II. Pledge of Allegiance III. Roll Call IV. Monthly Financial Report a. Director of Finance Jackie Loh will be present to discuss the January 2023 Monthly Financial Report. 6:05pm to 6:20pm Information Presentation: 10 minutes Discussion: 5 minutes iva V. 2023 Events a. Director of Parks, Recreation, Library and Golf Director Christina Underhill, and Events Supervisor Toni Arnoldy will be present to discuss 2023 Events. 6:20pm to 6:35pm Information Presentation: 5 minutes Discussion: 10 minutes va VI. Media Procedures and Communications- Police a. Division Chief David LeClair, and Director of Communications Chris Harguth will be present to discuss Media Procedures - Communications / Police. 6:35pm to 7:05pm Information Presentation: 15 minutes Discussion: 15 minutes via VII. Civic Center Security Enhancements Page 1 of 313 Englewood City Council Special Meeting Agenda February 27, 2023 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. Director of Parks, Recreation, Library and Golf Christina Underhill, and Deputy Director of Public Works Chris Edelstein will be present to discuss Security Enhancements of Civic Center. 7:05pm to 7:40pm Information and Direction Presentation: 10 minutes Discussion: 25 minutes viia VIII. Break - 10 minutes a. 7:40pm to 7:50pm IX. Unified Development Code Revisions a. Planning Manager Bryan Isham, Matt Ashby of Ayers Associates, Chris Brewster of Multi Studio, and members of the Englewood Historic Preservation Commission will be present to review and discuss remaining Unified Code Revisions. 7:50pm to 8:50pm Information and Direction Presentation: 15 minutes Discussion: 45 minutes ixa X. Bates Logan Park Enhancements a. Motion to approve a contract with Elite Industries to provide construction services to improve park amenities at Bates Logan in the amount of $703,339.36. xa Staff recommends City Council approve, by Motion, to approve a contract with Elite Industries to provide construction services to improve park amenities at Bates Logan in the amount of $703,339.36. Staff: Deputy Director of Parks, Recreation, Library and Golf Brad Anderson and Open Space Manager Adrian Torres XI. Golf Cart Purchase a. CB 12 - The City of Englewood Parks, Recreation, Library, and Golf is seeking approval for the procurement of 70 new Club Car golf cars in 2024 from Colorado Golf and Turf by entering into a 5 year lease agreement through 2028 for a total contract amount of $357,194. xia Staff recommends City Council approve a bill for an ordinance authorizing the procurement of 70 new Club Car golf cars from Colorado Golf and Turf for a total contract amount of $357,194. Staff: Golf Superintendent Jeremiah Stumpff and Golf Manager Shannon Buccio XII. Valve Replacement Project a. Award of a Contract for Services (CFS) with C&L Water Solutions, Inc., (C&L) for the 2023 Valve Replacement Project in the amount of $1,159,000, including approval to Page 2 of 313 Englewood City Council Special Meeting Agenda February 27, 2023 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. execute any change order(s) to expend a 20% staff-managed contingency of $231,800, for a total project authorization of $1,390,800. xiia Staff recommends City Council approve, by Motion, a Contract for Services with C&L Water Solutions for the 2023 Valve Replacement Project in the amount of $1,159,000, including approval to execute any change order(s) to expend a 20% staff-managed contingency amount of $231,800, for a total project authorization of $1,390,800. Staff: Englewood Utilities and South Platte Renew Director Pieter Van Ry XIII. Council Member’s Choice XIV. City Manager’s Choice XV. Adjournment Page 3 of 313 STUDY SESSION TO: Mayor and Council FROM: Jackie Loh DEPARTMENT: Finance DATE: February 27, 2023 SUBJECT: January 2023 Monthly Financial Report DESCRIPTION: January 2023 Monthly Financial Report RECOMMENDATION: Director of Finance, Jackie Loh, will review the 2023 January 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 2023 January General Fund financials by revenues and expenditures. Sales & Use Tax slides by area are also included in the Appendix of the attached presentation. SUMMARY: Through January 2023, the City of Englewood's General Fund revenues total $6,426,000 and this amount is 10.5% of budgeted revenues, or $187,000 higher than the same period in 2022. Total revenue YTD is tracking 3.0% higher than the same period in 2022. Expenditures YTD are $3,446,000 or 5.6% of the budgeted expenditures. Total expenditures YTD are $1,204,000 or 25.9%, lower than those in 2022. Per Council request, any one-time revenue and expenditures for 2023 and 2022 have been adjusted as noted. ANALYSIS: Revenue highlights are below: • Sales & Use Tax remittances total $5,198,000 and are 13.1% of fiscal budgeted revenue; Sales & Use Tax revenue is $453,000 higher than the same time last year. Additionally, the Sales & Use Tax audits and voluntary disclosure collections amount to $37,000. • Marijuana Sales Tax accounts for $125,000 of the total Sales & Use Tax revenue YTD and is ($24,000) lower than 2022. • American Rescue Plan Act (ARPA)-the city has been awarded $8,776,000, which was received in two allocations of $4,338,000 each. The second allocation was received on July 5, 2022. Page 4 of 313 The US Department of Treasury issued the final ARPA rule effective April 1, 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 2022, the General Fund still restricts $328,000 of the ARPA funds to be used for Homelessness projects. ARPA funds already spent from the General Fund include $50,000 spent for Workforce Training, $17,000 spent for the Vaccine Program, and $22,000 spent for Homelessness. • Licenses & Permits were higher in 2022 due to one large building permit in the amount of $96,000. • Intergovernmental Revenue was higher in 2022 due to the timing of the January State Highway User Tax receipt of $75,000. • Charges for Services are higher in 2023 due to the timing of contract reimbursements for the shuttle. • Investment Earnings are $183,000 higher than 2022. The 2022 losses were due to a rapid rise in interest rates which resulted in 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. • Miscellaneous Revenues were higher in 2022 due to the one-time items, as noted. Please note that the 2022 December YTD one-time revenues of $188,000 for the sale of Fire Training Academy, $138,000 for health insurance savings, and the Football stadium tax refund of $1,119,000 are subtracted. Expenditures highlights are below: • Across all departments, part of the variance is due to the 5% salary increase for all staff. • Expenditure variances for Police, Public Works, and PRGL are due to delays in internal billings for yearly vehicle maintenance and CERF charges. These charges will be recorded in February. • 2022 debt service included $2,812,000 for the COP payoff. Paying off the COP debt one year early saved the city $30,000 in interest costs. Please note that the 2022 December YTD one-time expenditures of $235,000 for pension contribution credits and $1,418,000 for debt service - the early payoff of COPs are subtracted. The YTD Operating Surplus (Excess Revenues over/(under) Expenditures) is $2,980,000, compared to the Adopted Budgeted Operating Deficit of $532,000. There is a $138,000 transfer from the Public Improvement Fund for Debt Service and transfers out of ($1,000,000) for capital projects. The General Fund – Fund Balance Composition, slide #14, shows a YTD change in fund balance of $2,118,000, which includes the total surplus of $2,980,000 and a net transfer out of ($862,000). This surplus includes one-time items. COUNCIL ACTION REQUESTED: Information and discussion only. FINANCIAL IMPLICATIONS: Page 5 of 313 Information included above. CONNECTION TO STRATEGIC PLAN: Governance: Assist the City to become fiscally accountable, effective and efficient. OUTREACH/COMMUNICATIONS: N/A ATTACHMENTS: 2023 January Financial Report Page 6 of 313 January 2023Monthly Financial Report By: Jackie Loh, Director of Finance Page 7 of 313 2General Fund Revenues •Through January 2023, year-to-date revenues are 10.5% of the Fiscal Year 2023 budget. •Through January 2022, year-to-date revenues were 9.9% of the total Fiscal Year 2022 revenues. •Sales and Use Tax Revenue is higher in 2023 than at this time of the year in both 2022 and 2021. •General Fund revenues exclude one-time items as noted Page 8 of 313 3General Fund Revenues •2022 excludes $188,000 for sale of Fire Training Academy •2022 excludes $138,000 for health insurance savings 2023 2022 Budget Jan-23 % Budget Dec-22 Jan-22 % YTD $ Diff % Diff Revenues Property Tax 5,171,000 - 0.0%5,237,000 - 0.0%- 0.0% Specific Ownership Tax 530,000 - 0.0%541,000 - 0.0%- 0.0% Sales & Use Taxes 38,665,000 5,073,000 13.1%36,793,000 4,620,000 12.6%453,000 9.8% Sales Tax - Marijuana - 125,000 1,898,000 149,000 (24,000) -16.1% Cigarette Tax 170,000 - 0.0%111,000 16,000 14.4%(16,000) -100.0% Franchise Fees 3,915,000 324,000 8.3%3,908,000 280,000 7.2%44,000 15.7% Hotel/Motel Tax 25,000 8,000 32.0%65,000 6,000 9.2%2,000 33.3% Licenses & Permits 1,379,000 176,000 12.8%3,132,000 273,000 8.7%(97,000) -35.5% Intergovernmental Revenue 1,220,000 1,000 0.1%1,246,000 79,000 6.3%(78,000) -98.7% Charges for Services 3,830,000 251,000 6.6%3,290,000 198,000 6.0%53,000 26.8% Parks and Recreation 3,124,000 81,000 2.6%2,477,000 73,000 2.9%8,000 11.0% Fines & Forfeitures 501,000 22,000 4.4%373,000 24,000 6.4%(2,000) -8.3% Investment Earnings 155,000 115,000 74.2%(247,000) (68,000) 27.5%183,000 -269.1% EMRF Rents 1,800,000 154,000 8.6%1,765,000 152,000 8.6%2,000 1.3% Miscellaneous 913,000 96,000 10.5%2,211,000 437,000 19.8%(341,000) -78.0% Total Revenues 61,398,000 6,426,000 10.5%62,800,000 6,239,000 9.9%187,000 3.0% One-time Revenues noted below - - (1,445,000) (326,000) Total Revenues less one-time items 61,398,000 6,426,000 10.5%61,355,000 5,913,000 9.6% 2023 vs 2022 Page 9 of 313 4Sales and Use Tax Revenues Page 10 of 313 5Sales and Use Tax Revenues Page 11 of 313 62019-2023 Cumulative Change in Sales and Use Tax Collections $8.9 million increase since 2019 Page 12 of 313 7YTD Sales and Use Tax Collections by Area Business 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 (8,620) 3.05%1 (6) (5) Area 2 (8,245) 1.78%1 (1) - Area 3 (8,211) 15.16%- (3) (3) Area 4 35,789 48.87%1 - 1 Area 5 (86,754) -8.85%1 - 1 Area 6 55,787 27.61%7 (14) (7) Area 7 225,899 21.36%74 (47) 27 Contains opened and closed businesses that are not within the city limits. Area 8 70,383 5.00%- - - Area 13 85,423 -14.56%- - - Area 14 369 300.00%- (1) (1) Marketplace Facilitators were added to this area in 2022. Regular Use 112,397 -45.11%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 474,218 13.27%85 (72) 13 Page 13 of 313 8YTD Sales and Use Tax Collections by Area 2019-2023 2022 2023 % Change $ Change Total Sales & Use Tax Collected 4,793,687$ 5,267,905$ 9.9%474,218$ Refunds 2,486$ -$ -100.0%(2,486)$ Unearned Sales Tax 2,100,000$ 2,100,000$ 0.0%-$ Page 14 of 313 9General Fund Expenditures •Through January 2023, year-to-date expenditures are 5.6% of the Fiscal Year 2023 budget. •Through January 2022, year-to-date expenditures were 8.1% of the total Fiscal Year 2022 expenditures. •To date, a net of ($862,000) has been transferred out of the General Fund. •General Fund expenditures exclude one-time items as noted.Page 15 of 313 10General Fund Expenditures •No one-time adjustments through January 2023 2022 Budget Jan-23 % Budget Dec-22 Jan-22 % YTD $ Diff % Diff Expenditures Legislation 296,000 50,000 16.9%300,000 40,000 13.3%10,000 25.0% Administration 1,414,000 50,000 3.5%1,229,000 47,000 3.8%3,000 6.4% City Attorney 1,175,000 45,000 3.8%1,001,000 44,000 4.4%1,000 2.3% Court 1,550,000 45,000 2.9%1,170,000 46,000 3.9%(1,000) -2.2% Human Resources 929,000 33,000 3.6%1,424,000 26,000 1.8%7,000 26.9% Finance 2,125,000 76,000 3.6%1,880,000 68,000 3.6%8,000 11.8% Information Technology 4,646,000 520,000 11.2%3,748,000 520,000 13.9%- 0.0% Community Development 3,062,000 80,000 2.6%3,085,000 172,000 5.6%(92,000) -53.5% Public Works 9,085,000 333,000 3.7%7,940,000 917,000 11.5%(584,000) -63.7% Police 17,737,000 678,000 3.8%15,922,000 983,000 6.2%(305,000) -31.0% Fire and Emergency Management 7,695,000 1,161,000 15.1%7,423,000 1,141,000 15.4%20,000 1.8% Parks, Recreation and Library 8,901,000 297,000 3.3%8,295,000 595,000 7.2%(298,000) -50.1% Communications 902,000 29,000 3.2%799,000 18,000 2.3%11,000 61.1% Debt Service 138,000 37,000 26.8%2,974,000 33,000 1.1%4,000 12.1% Contingency 2,275,000 12,000 0.5%229,000 - 0.0%12,000 0.0% Total Expenditures 61,930,000 3,446,000 5.6%57,419,000 4,650,000 8.1%(1,204,000) -25.9% One-time Expenditures noted below - - (1,653,000) - Total Expenditures less one-time items 61,930,000 3,446,000 5.6%55,766,000 4,650,000 8.3% 2023 vs 2022 Page 16 of 313 11General Fund 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. Expenditures Budget Jan-23 % Budget 12/31/2022-Actual Jan-22 % YTD $ Diff % Diff Personnel 37,007,000 1,470,000 4.0%33,460,000 1,441,000 4.3%29,000 2.0% Commodities 2,415,000 67,000 2.8%2,260,000 47,000 2.1%20,000 42.6% Contractual Services 21,314,000 1,865,000 8.8%17,744,000 2,400,000 13.5%(535,000) -22.3% Capital 1,056,000 8,000 0.8%983,000 729,000 74.2%(721,000) -98.9% Debt Service 138,000 36,000 26.1%2,972,000 33,000 1.1%3,000 9.1% Total Expenditures 61,930,000 3,446,000 5.6%57,419,000 4,650,000 8.1%(1,204,000) -25.9% One-time Expenditures - - (1,653,000) - Total Expenditures less one-time items 61,930,000 3,446,000 5.6%55,766,000 4,650,000 8.3% Operating Surplus (Deficit)(532,000) 2,980,000 5,589,000 1,263,000 2023 vs 202220232022 Page 17 of 313 12General Fund Operating Surplus (Deficit) •Through January 2023, year-to-date operating revenues exceeded operating expenditures by $2,980,000. •Through January 2022, year-to-date operating revenues exceeded operating expenditures by $1,263,000. 2023 2022 Revenues Budget Jan-23 % Budget 12/31/2022-Actual Jan-22 % YTD $ Diff % Diff Total Revenues 61,398,000 6,426,000 10.5%62,800,000 6,239,000 9.9%187,000 3.0% One-time Revenues - - (1,445,000) (326,000) Total Revenues less one-time items 61,398,000 6,426,000 10.5%61,355,000 5,913,000 9.6% Expenditures Budget Jan-23 % Budget 12/31/2022-Actual Jan-22 % YTD $ Diff % Diff Total Expenditures 61,930,000 3,446,000 5.6%57,419,000 4,650,000 8.1%(1,204,000) -25.9% One-time Expenditures - - (1,653,000) - Total Expenditures less one-time items 61,930,000 3,446,000 5.6%55,766,000 4,650,000 8.3% Operating Surplus (Deficit)(532,000) 2,980,000 5,589,000 1,263,000 2023 vs 2022 2023 vs 202220232022 Page 18 of 313 13General Fund Transfers 2023 Transfers into the General Fund From the Public Improvement Fund for debt service 138,000$ Total transfers into the General Fund 138,000 2023 Transfers out of the General Fund To the Public Improvement Fund for capital projects 1,000,000 Total transfers out of the General Fund 1,000,000$ Net General Fund Transfers (862,000)$ Page 19 of 313 14General Fund –Fund Balance Composition 2019 2020 2021 2022-unaudited 2023 YTD Beginning total fund balance $ 20,418,000 $ 22,131,000 $ 24,936,000 $ 17,043,000 $ 22,012,000 Net change in fund balance 1,713,000 2,805,000 (7,893,000) 4,969,000 2,118,000 Ending total fund balance 22,131,000 24,936,000 17,043,000 22,012,000 24,130,000 Designated fund balance TABOR - Restricted (1,730,000) (1,720,000) (1,800,000) (1,800,000) (1,800,000) LTAR - Committed (4,995,000) (4,995,000) (95,000) (95,000) (95,000) ARPA funding - Restricted for specific projects - - (404,000) (328,000) (328,000) Stadium District refund - Restricted for youth activities - - - (1,119,000) (1,119,000) Unrestricted Reserve = 16.7% of total revenues (8,614,000) (8,985,000) (9,258,000) (10,488,000) (10,253,000) Total designated fund balance (15,339,000) (15,700,000) (11,557,000) (13,830,000) (13,595,000) Unassigned fund balance 6,792,000$ 9,236,000$ 5,486,000$ 8,182,000$ 10,535,000$ $6.8 $9.2 $5.5 $8.2 $10.5 $8.6 $9.0 $9.3 $10.5 $10.3 $- $- $- $1.1 $1.1 $0.3 $0.3 $5.0 $5.0 $0.1 $1.7 $1.7 $1.8 $1.8 $1.8 $0.0 $2.5 $5.0 $7.5 $10.0 $12.5 $15.0 $17.5 $20.0 $22.5 $25.0 2019 2020 2021 2022-unaudited 2023 YTD Unassigned fund balance Unrestricted Reserve = 16.7% of total revenues Stadium District refund - Restricted for youth activities ARPA funding-Restricted LTAR - Committed TABOR - Restricted Page 20 of 313 15 Appendix -Area Sales Tax Slides Page 21 of 313 16 City of Englewood Sales Tax Area Map Page 22 of 313 17Area 1 Sales TaxCityCenter (Formerly Cinderella City) 373,776 377,908 348,173 358,807 350,187 0 100,000 200,000 300,000 400,000 500,000 2019 2020 2021 2022 2023 Page 23 of 313 18Area 2 Sales TaxSouth of Yale, north & south side of Jefferson Ave/US 285 between Bannock and Sherman 231,752 242,586 258,645 263,245 254,999 0 50,000 100,000 150,000 200,000 250,000 300,000 2019 2020 2021 2022 2023 Page 24 of 313 19Area 3 Sales Tax South of Jefferson Ave/US 285 between Bannock & Sherman -north side of Belleview between Logan & Delaware 252,194 272,146 328,161 377,921 369,710 0 100,000 200,000 300,000 400,000 500,000 2019 2020 2021 2022 2023 Page 25 of 313 20Area 4 Sales Tax Broadway and Belleview (Between Fox and Sherman and south of Belleview and to the southern City Limits) 115,272 131,342 75,929 113,036 148,825 0 50,000 100,000 150,000 200,000 250,000 2019 2020 2021 2022 2023 Page 26 of 313 21Area 5 Sales Tax Federal and Belleview west of Santa Fe Drive 182,461 217,864 227,027 206,941 120,187 0 50,000 100,000 150,000 200,000 250,000 2019 2020 2021 2022 2023 Page 27 of 313 22Area 6 Sales Tax All other City locations 443,027 401,658 398,597 508,637 564,424 0 150,000 300,000 450,000 600,000 750,000 2019 2020 2021 2022 2023 Page 28 of 313 23Area 7 Sales Tax Outside City limits 2,104,841 1,921,512 1,949,598 2,365,946 2,591,845 0 500,000 1,000,000 1,500,000 2,000,000 2,500,000 3,000,000 2019 2020 2021 2022 2023Page 29 of 313 24Area 8 Sales Tax Public Utilities 133,356 125,979 137,989 144,884 215,267 0 50,000 100,000 150,000 200,000 250,000 2019 2020 2021 2022 2023 Page 30 of 313 25Area 13 Sales Tax Hampden Avenue (US 285) and University Boulevard 51,941 51,361 50,451 43,105 128,529 0 50,000 100,000 150,000 200,000 2019 2020 2021 2022 2023 Page 31 of 313 26Area 14 Sales Tax Online Sales 18,579 23,253 29,639 176,270 176,639 0 50,000 100,000 150,000 200,000 2019 2020 2021 2022 2023 Page 32 of 313 27Regular Use Tax 460,650 313,403 427,971 234,894 347,292 0 100,000 200,000 300,000 400,000 500,000 2019 2020 2021 2022 2023 Page 33 of 313 STUDY SESSION TO: Mayor and Council FROM: Christina Underhill, Toni Arnoldy DEPARTMENT: Parks, Recreation & Library DATE: February 27, 2023 SUBJECT: 2023 Events Update DESCRIPTION: Event staff will present the 2023 events schedule. RECOMMENDATION: Staff recommends council supports, promotes and attends city events. PREVIOUS COUNCIL ACTION: In late 2022 City Council approved the 2023 Events Budget. SUMMARY: There are over 25 events planned for 2023. Some of the events include, Celebrate Englewood, Spring Fling, Fourth Of July, Sunset Concerts, Movie Nights, Block Party and Tree Lighting. Staff is anticipating a successful events season and hope to have over 50,000 visitors to Englewood events. ANALYSIS: In 2022, the City of Englewood offered 17 events. For 2023, 25 events are being offered to the Englewood community. With support of sponsors, volunteers and a variety of partnerships we expect the 2023 events season will be a success. Community partners have already increased for the 2023 event season. Significant sponsorships have been obtained with, FedEx, Pepsi, Swedish Hospital, Craig Hospital, Meadow Gold and EDDA. At this time all events are schedule and will be implemented on their respective dates. Should an event be canceled due to unforeseen circumstances, like a weather event, a communication plan has been established and will be executed by event and communications staff. COUNCIL ACTION REQUESTED: Staff recommends council supports and promotes city events. FINANCIAL IMPLICATIONS: The budget for 02-1309 is $90,000.00. The projected revenue in sponsor and vendor fees for 2023 is $50,000. To date $40,000 in sponsorship monies and in-kind has been solidified. CONNECTION TO STRATEGIC PLAN: Page 34 of 313 • Community Wellbeing - providing opportunities to enhance residents quality of life through participation in events. • Economy- Events bring people to Englewood to shop, eat and enjoy the City. Events help to foster relationships between residents, businesses and staff. • Neighborhoods- events provide opportunities for residents to connect with one another. • Safety- Englewood events provide a safe place for residents and visitors to enjoy all that Englewood has to offer. Event staff works closely with both Englewood Police Department and private security firms to create a safe environment for all. OUTREACH/COMMUNICATIONS: The following are ways events will be advertised and shared with the community: 1. Citywide Calendar for events 2. Posted signage throughout the community 3. Physical Flyers 4. Social Media 5. City Website 6. Magazine 7. Promote on Neptune radio in Recreation Centers and Pirates Cove throughout the year. ATTACHMENTS: 2023 Event Presentation Event List Sponsorship Packet Page 35 of 313 2023 Events Update February 27, 2023 Page 36 of 313 2023 Events Total Events Offered in 2022: 17 Events Offered in 2023: 25+ •Signature Events •4th of July •Block Party •Silent Disco •Holiday Bazaar •Celebrate Englewood •Homelessness Connect •The Englewood Markets •Summer SunSET Concerts •The Holiday Tree LightingPage 37 of 313 Event Attendance •2022: 40,000 Participants •2023: Predicating 50,000+ •Tracking events through Placer.ai Technology. •Ability to geofence event spaces •Tracks cell phone data (anonymous) •Ability to track back 7 years Page 38 of 313 •Expenditures: $90,000 for 2023 •Estimated Revenue: $50,000 •Vendor Fees: TBD •Sponsorships:$40,000 committed as of 2/27/23 2023 Event Budget Page 39 of 313 2023 Event Sponsorship •Sponsorship Opportunities Page 40 of 313 Event Marketing •Shared city-wide events calendar •Posted signage in the community •Promote on Neptune Radio •Social Media •Website •Magazine •Flyers Page 41 of 313 •Share events with friends and on your social media •Come to the events! •Volunteer •Host a booth •Brag about it! We need your help!Page 42 of 313 Questions/ Comments Events Page 43 of 313 2023 EVENTS 4/1/2023 SPRING FLING @ Belleview Park 10 a.m. - 2 p.m. A Day of Fun for the entire Family! At 11 a.m. take the kiddos to the Egg Hunt then stick around to visit the different booths and stations, start your spring garden, decorate flowerpots, eat at a delicious food truck while listening to great music. ▪ Egg Hunt ▪ Planting Station ▪ Spring Theme ▪ Live Music or DJ 04/22/2023 EARTH DAY CELEBRATION Time TBD @ Sanitas Brewing Company (Bellview & Broadway) Englewood will Celebrate Earth Day with music, food, and fun. Info about sustainability and how we can improve our earth. More info @ Englewooco.gov/events. 5/6/2023 CELEBRATE ENGLEWOOD “TOUCH A TRUCK” 10 a.m. - 2 p.m. @ Englewood Civic Center Get to know who is in those trucks you see all around the city. Meet other employees, find out about the department they work for and what their responsibilities to the city are). ▪ CITY/COMMUNITY BOOTHS ▪ ACTIVITIES • Sensory Sensitive hour • Touch a Truck (Police, Fire, City Trucks) • Meet and learn about other City Departments • Meet and learn about local businesses and services. • Meet your local Police Officers and more! 06/3/2023 ENGLEWOOD MARKET SUMMER SERIES JUNE Markets will be 10 a.m.-2 p.m. on the 1st Saturday of the month June, July & August. The Markets will at the Englewood Civic Center Circle each month. Each market will have local vendors and artists. 6/8/2023 VOLUNTEER APPRECIATION @ Pirates Cove Water Parks 6-8 p.m. Page 44 of 313 6/10/2023 KidStage & Movies in the Park Broken Tee Golf 6 p.m. 6/21/2023 Celebrate Golf location BTGC 5 p.m. 6/24/2023 KidStage & Movies in the Park location TBD 6 p.m. 07/1/2023 ENGLEWOOD MARKET SUMMER SERIES JULY Civic Center Circle Markets will be held 10 a.m.-2 p.m. on the 1st Saturday of the month June, July, and August at the Civic Center Circle 1000 Englewood Parkway. ▪ Each market will have: • Local vendors and artists. • Music 7/4/2023 4TH OF JULY FIREWORKS EVENT @ Cornerstone & Belleview Parks 5-10 p.m. Come enjoy an amazing firework display in one of the Englewood Parks. ▪ Food Trucks and Fireworks 4 Concerts SUNSET SUMMER CONCERT SERIES @ Civic Center Amphitheater 6-8 p.m. Come and have some fun in the sun while relaxing and listening to live music. Grab a bite to eat and beer to drink! 7/06/2023 BAND TBD 7/13/2023 BAND TBD 7/20/2023 BAND TBD 7/27/2023 BAND TBD 7/28,29 & 30/2023 Summer Drama @ Fisher Auditorium@ the Englewood Campus 7/28 & 7/29 @ 7pm, 7/30 @ 2pm. 8/05/2023 ENGLEWOOD MARKET SUMMER SERIES August Civic Center Circle Markets will be held 10 a.m.-2 p.m. on the 1st Saturday of the month June, July, and August at the Civic Center Circle 1000 Englewood Parkway. ▪ Each market will have: ▪ Local vendors and artists. ▪ Music 8/05/2023 KidStage & Movies in the Park Centennial Park TBD 6 p.m. 8/11/2023 SILENT DISCO @ @ Civic Center Amphitheater 6-10 p.m. Disco at Dusk Come dance the night away at the Englewood Silent Disco. This is an awesome event where you get to pick the type of music you want to dance to and listen as loud as you want! If you don’t feel like dancing then just grab a snack from a food truck, a beer from the beer garden (Sponsored by ) and watch everyone else show off their moves. This will be a fun night with food, beer, MC/DJ, Dancing and hanging out with friends. Page 45 of 313 8/26/2023 ENGLWOOD BLOCK PARTY @ 3400+ blk S Broadway 4-10 p.m. The Englewood Block Party will take place 4-10 p.m. The event will have live music, a different LOCAL band every hour, Vendors from local businesses, food, fun, beer, and drinks. Hope to see you there! Broadway will close at 12 p.m. 9/28/2023 HOMELESSNESS CONNECT @ Cushing Park 9 a.m. – 1 p.m. 10/21/2023 FALL FESTIVAL @ Englewood Civic Center & 2nd level Parking 10 a.m. - 6 p.m. Bring the family to enjoy a day of fun for all ages! • Market 10-2 p.m. Market will have local vendors and artists In Civic Center Circle. • Trunk or Treat 3-6 p.m. Trunk or Treating for youth aged 10 and under @ Civic Center Second Level Parking 11/4/2023 HOLIDAY BAZAAR/CRAFT FAIR @ Malley 9 a.m. – 4 p.m. Over 100 vendors will be on display. This is a great way to get a jump on your holiday shopping and support local vendors. There are handmade, handcrafted and more items to choose from. 11/17/2023 TURKEY FEST @ Englewood Civic Center Circle 12 - 6 p.m. Bring the family to enjoy the Turkey Fest. There will be music, crafts, games food and more for the entire family. There will be FREE turkey dinners and sides given out to those in need. To reserve yours contact Toni at tarnoldy@englewoodco.gov. 12/2/2023 HOLIDAY MARKET/Tree Lighting @ Civic Center Circle 2-6 p.m. Choose from wonderful handmade crafts, snacks, and art. Wrap-up your holiday shopping! Then enjoy the celebration of Lighting the Tree for the Holidays. ▪ Vendors ▪ Tree light by Special Guest at 5:30 p.m. ▪ Activities o Santa o Crafts ▪ Music o HS Choir/Band o DJ 12/8, 9, 15 & 16/2023 HOLIDAY Express @ Belleview Park Farm and Train 3:30-8:30 p.m. Page 46 of 313 2023 SPONSORSHIP PACKAGE Page 47 of 313 About the Packages Englewood is a growing, thriving community of approximately 30,000 people. Partnering with the city helps connect you with Englewood’s residents, visitors and other businesses. Increase visibility through partnership packages that offer event sponsorship and an opportunity to tap into Englewood’s momentum towards creating a metro area community unlike any other. With multiple tiers to choose from, we have the right package to fit your needs and better connect you to the Englewood community. About the Application The application includes a $100 fee for submission. A payment link will be sent to you that will include the application fee, commitment fee(s) and the sponsor fee. Once payment is received you will receive a payment receipt and additional information for the event(s) you are signed up for. Go to englewoodco.gov/sponsors to fill out the application. For more information, please contact: Toni Arnoldy tarnoldy@englewoodco.gov 303-762-2490 Page 48 of 313 Library Art Exhibit The Library hosts a rotating art exhibit highlighting the work of local and regional artists. All exhibits are free to the public and rotate every other month. Platinum $1,500 Gold $500 Silver $250 Bronze $100 Logo on City of Englewood event webpage and all event related print media City social media mention and/or tag on all event posts Booth space (all tents, table, chairs, banners, etc. provided by sponsor) Sponsorship Package Retractable banner with logo at event(s) Englewood Citizen Magazine post event thank you Shout-Out by the emcee at the exhibit reception An opportunity for Sponsor to appear briefly on stage at the event Number of Exhibit Receptions 5 4 2 1 Page 49 of 313 Spring Fest April 1, 2023 Englewood Market: Featuring local vendors and artisan goods from 10 a.m. to 2 p.m. Egg Hunt: Eggstremly Springy Festival: Come for an egg hunt at 11 a.m. and stay after to enjoy local vendors, crafts, games, food trucks, and more! Number of Attendees: 1,000 to 2,000 Platinum $5,000 Gold $2,500 Silver $1,000 Bronze $500 Logo on City of Englewood event webpage and all event related print media City social media mention and/or tag on all event posts Mentioned on community online calendars Booth space (all tents, table, chairs, banners, etc. provided by sponsor) Sponsorship Package Featured business story in magazine Exclusive vendor presence Retractable banner with logo at event(s) Englewood Citizen Magazine post event thank you Neptune Radio ad during the event Swag bag from the City of Englewood Signage with logo at event(s) Page 50 of 313 Englewood Markets From April to December join us monthly for Englewood Markets which feature local vendors and artisan goods from 10 a.m. to 2 p.m. The Summer Market Series is the first Saturday in June, July and August. The other markets are part of larger events: Spring Event, Fall Festival and the Tree Lighting. Number of Attendees: 500 to 1,500 attendees at the individual markets from June, July and August. There are larger crowds at the 3 markets at the larger seasonal events in April, October and December. Platinum $5,000 Gold $2,500 Silver $1,000 Bronze $500 Logo on City of Englewood event webpage and all event related print media City social media mention and/or tag on all event posts Mentioned on community online calendars Booth space (all tents, table, chairs, banners, etc. provided by sponsor) Sponsorship Package Featured business story in magazine Exclusive vendor presence Retractable banner with logo at event(s) Englewood Citizen Magazine post event thank you Neptune Radio ad during the event Swag bag from the City of Englewood Page 51 of 313 KidStage & Movies in the Park KidStage: Bring your lawn chairs and picnics and head to our Englewood parks for free performances! Park dates and locations: 6/10 at Broken Tee Golf Course, 6/24 at Duncan Park, and 8/5 Centennial Park. Movies in the Park: Enjoy three great summer nights with three free films under the stars! Bring lawn chairs and blankets and join your friends and neighbors. Movies will begin at dusk. Vendors and food will be at all events. Number of Attendees: 500 - 900 Attendees on 3 separate evenings Platinum $5,000 Gold $2,500 Silver $1,000 Bronze $500 Logo on City of Englewood event webpage and all event related print media City social media mention and/or tag on all event posts Mentioned on community online calendars Booth space (all tents, table, chairs, banners, etc. provided by sponsor) Sponsorship Package Featured business story in magazine Exclusive vendor presence Retractable banner with logo at event(s) Englewood Citizen Magazine post event thank you Shout-Out by the emcee at the event(s)/Neptune Radio An opportunity for Sponsor to appear briefly on stage at the event Page 52 of 313 4th of July Spectacular The Annual Fourth of July Event brings together friends and families from four areas – Englewood, Littleton, Sheridan and the South Suburban Recreation District. Celebrate with friends and family at Cornerstone and Belleview Park starting at 5 p.m. All activites will conclude when the fireworks begin. Enjoy kids activities, local business vendors and food trucks. Bring a picnic dinner and blankets to watch the fireworks from 5 to 10 p.m. Number of Attendees: 5,000 to 10,000 Platinum $5,000 Gold $2,500 Silver $1,000 Bronze $500 Logo on City of Englewood event webpage and all event related print media City social media mention and/or tag on all event posts Mentioned on community online calendars Booth space (all tents, table, chairs, banners, etc. provided by sponsor) Sponsorship Package Featured business story in magazine Exclusive vendor presence Retractable banner with logo at event(s) Englewood Citizen Magazine post event thank you Swag bag from the City of Englewood Page 53 of 313 SunSET Concert Series Every Thursday evening this July, the Englewood City Center amphitheater will be filled with hundreds of music lovers enjoying the sounds of summer. Number of Attendees: 500 to 900 Attendees on 4 separate evenings Platinum $5,000 Gold $2,500 Silver $1,000 Bronze $500 Logo on City of Englewood event webpage and all event related print media City social media mention and/or tag on all event posts Mentioned on community online calendars Booth space (all tents, table, chairs, banners, etc. provided by sponsor) Sponsorship Package Featured business story in magazine Exclusive vendor presence Retractable banner with logo at event(s) Englewood Citizen Magazine post event thank you Swag bag from the City of Englewood Shout-Out by the emcee at the event(s) An opportunity for Sponsor to appear briefly on stage at the event Page 54 of 313 Silent Disco August 11, 2023 At this event, you pick the type of music you want to dance and listen to as loud as you want on a set of provided headphones! If you don’t feel like dancing, you can grab a snack from the food vendors or a beer from the beer tent. This event happens between 6 to 10 p.m. Number of Attendees: 750 Platinum $5,000 Gold $2,500 Silver $1,000 Bronze $500 Logo on City of Englewood event webpage and all event related print media City social media mention and/or tag on all event posts Mentioned on community online calendars Booth space (all tents, table, chairs, banners, etc. provided by sponsor) Sponsorship Package Featured business story in magazine Exclusive vendor presence Retractable banner with logo at event(s) Englewood Citizen Magazine post event thank you Swag bag from the City of Englewood Shout-Out by the emcee at the event(s) An opportunity for Sponsor to appear briefly on stage at the event Page 55 of 313 Englewood Block Party August 26, 2023 We will close the 3400 block of South Broadway and fill it with people, food trucks, concerts, a beer garden, kid’s activities, local vendor booths, and much more. This event happens between 4 to 10 p.m. Number of Attendees: 5,000 to 10,000 Platinum $5,000 Gold $2,500 Silver $1,000 Bronze $500 Logo on City of Englewood event webpage and all event related print media City social media mention and/or tag on all event posts Mentioned on community online calendars Shout-Out by the emcee at the event An opportunity for Sponsor to appear briefly on stage at the event Booth space (all tents, table, chairs, banners, etc. provided by sponsor) Sponsorship Package Featured business story in magazine Exclusive vendor presence Retractable banner with logo at event(s) Logo on Block Party T-Shirts (if provided before July 31) Englewood Citizen Magazine post event thank you Swag bag from the City of Englewood Page 56 of 313 Homeless Connect September 28, 2023 Homeless Connect Event is an outreach event for those experiencing or at risk of becoming homeless. We provide resources, a connection with service providers and to those in need from 10 a.m. to 12 p.m. Number of Attendees: 1000+ Platinum $5,000 Gold $2,500 Silver $1,000 Bronze $500 Logo on City of Englewood event webpage and all event related print media City social media mention and/or tag on all event posts Mentioned on community online calendars Booth space (all tents, table, chairs, banners, etc. provided by sponsor) If you are a resource, there is no selling at the event. Sponsorship Package Featured business story in magazine Exclusive vendor presence Retractable banner with logo at event(s) Englewood Citizen Magazine post event thank you Shout-Out by the emcee at the event/Neptune Radio Swag bag from the City of Englewood Signage with logo at event(s) Page 57 of 313 Fall Festival October 21, 2023 Market 10 a.m. - 2 p.m.: Featuring local vendors and artisan goods. Trunk-or-Treat 3 - 6 p.m.: Vendors creatively decorate their trunks and children Trick or Treat. Number of Attendees: 1000+ Platinum $5,000 Gold $2,500 Silver $1,000 Bronze $500 Logo on City of Englewood event webpage and all event related print media City social media mention and/or tag on all event posts Mentioned on community online calendars Booth space (all tents, table, chairs, banners, etc. provided by sponsor) Sponsorship Package Featured business story in magazine Exclusive vendor presence Retractable banner with logo at event(s) Englewood Citizen Magazine post event thank you Shout-Out by the emcee at the event/Neptune Radio Swag bag from the City of Englewood Signage with logo at event(s) Page 58 of 313 Holiday Bazaar November 4, 2023 More than 100 artisans to choose from in your search for wonderful handmade crafts, fine art and and assortment of unique gifts. Invite your friends and neighbors along as you enjoy this annual Englewood tradition. This is a one stop shopping event! This event happens between 9 a.m. to 4 p.m. Number of Attendees: 2,500+ Platinum $5,000 Gold $2,500 Silver $1,000 Bronze $500 Logo on City of Englewood event webpage and all event related print media City social media mention and/or tag on all event posts Mentioned on community online calendars Booth space (all tents, table, chairs, banners, etc. provided by sponsor) Sponsorship Package Featured business story in magazine Exclusive vendor presence Retractable banner with logo at event Neptune Radio mention during th event Additional signage around the event Englewood Citizen Magazine post event thank you Page 59 of 313 Turkey Fest November 17, 2023 Join us for Turkey Fest from 12 to 6 p.m. There will be music, crafts, games food and  more for the entire family. There will be FREE turkey dinners and sides given out to those in need. Number of Attendees: 1000+ Platinum $5,000 Gold $2,500 Silver $1,000 Bronze $500 Logo on City of Englewood event webpage and all event related print media City social media mention and/or tag on all event posts Mentioned on community online calendars Booth space (all tents, table, chairs, banners, etc. provided by sponsor) Sponsorship Package Featured business story in magazine Exclusive vendor presence Retractable banner with logo at event(s) Englewood Citizen Magazine post event thank you Shout-Out by the emcee at the event/Neptune Radio Swag bag from the City of Englewood Signage with logo at event(s) Page 60 of 313 Tree Lighting December 2, 2023 Join us for the Englewood Market & Tree Lighting event at the City Center Circle! This event includes holiday shopping and an enchanting tree lighting to kick-off the holiday season! This event happens between 2 to 6 p.m. Number of Attendees: 1000+ Platinum $5,000 Gold $2,500 Silver $1,000 Bronze $500 Logo on City of Englewood event webpage and all event related print media City social media mention and/or tag on all event posts Mentioned on community online calendars Booth space (all tents, table, chairs, banners, etc. provided by sponsor) Sponsorship Package Featured business story in magazine Exclusive vendor presence Retractable banner with logo at event(s) Englewood Citizen Magazine post event thank you Swag bag from the City of Englewood Shout-Out by the emcee at the event(s) An opportunity for Sponsor to appear briefly on stage at the event Signage with logo at event(s) Page 61 of 313 Englewood Holiday Express Located at the Englewood Farm & Train Holiday, Englewood Holiday Express is an event to remember. Take a ride on the train to see the lights, visit Santa, complete a holiday craft and have some s’mores and hot cocoa by the fire! Dates: 12/8, 12/9, 12/15 & 12/16 from 3:30 to 8:30 p.m. Number of Attendees: 3,500 Attendees on 4 separate evenings Platinum $5,000 Gold $2,500 Silver $1,000 Bronze $500 Logo on City of Englewood event webpage and all event related print media City social media mention and/or tag on all event posts Mentioned on community online calendars Sponsorship Package Featured business story in magazine Exclusive vendor presence Signage with logo at event(s) Englewood Citizen Magazine post event thank you Shout-Out by the emcee at the event/Neptune Radio Page 62 of 313 Sponsors Only Events Small city events that are available for sponsorship only are typically community gatherings or celebrations that are organized by individual departments. Sponsorship of these events can provide businesses with the opportunity to connect with the community in a meaningful way. Examples of small city events that may be available for sponsorship include: - Active Aging Expo - Earth Day Celebration & River Clean-up - Ice Cream Social - Oktoberfest Luncheon - Senior Safety Symposium For a full list of sponsor only events please visit: englewoodco.gov/events Platinum $5,000 Gold $2,500 Silver $1,000 Bronze $500 Logo on City of Englewood event webpage and all event related print media City social media mention and/or tag on all event posts Mentioned on community online calendars Sponsorship Package Featured business story in magazine Exclusive vendor presence Retractable banner with logo at event(s) Englewood Citizen Magazine post event thank you Logo on Volunteer T-Shirt (If recieved prior to February 15) Shout-Out by the emcee at the event/Neptune Radio An opportunity for Sponsor to appear briefly on stage at the event (if applicable) Page 63 of 313 Page 64 of 313 STUDY SESSION TO: Mayor and Council FROM: Chris Harguth, David Leclair DEPARTMENT: Police DATE: February 27, 2023 SUBJECT: Media Procedures - Communications / Police DESCRIPTION: The media relations process as it relates to the release of information by the communications and Police departments RECOMMENDATION: This topic for information purposes only. PREVIOUS COUNCIL ACTION: None SUMMARY: The Communications and Police Departments are presenting an overview of media policies and how they are applied to the release of information. Each department has a stand alone policy that is based on their individual release parameters and requirements. Included are operational considerations with regards to controlled and/or restricted information at the Police level. Differences within the communications and Police policies are also highlighted based on statutory requirements, criminal investigations and mandated release instructions. ANALYSIS: N/A COUNCIL ACTION REQUESTED: None. This presentation is for informational purposes only. FINANCIAL IMPLICATIONS: No financial implications. CONNECTION TO STRATEGIC PLAN: This topic is connected to the strategic plan in governance pertaining the City of Englewood being open and transparent to the public. This topic also directly relates to public safety and is also in the realm of Police legitimacy. OUTREACH/COMMUNICATIONS: None Page 65 of 313 ATTACHMENTS: Media Policies / Presentation Page 66 of 313 Englewood Media Relations Presented By Communications Director Chris Harguth and Division Chief David LeClair Page 67 of 313 Media Policies •The city has two policies: 1.Communications Department 2.Englewood Police Department •Goal The City of Englewood (COE) seeks to work cooperatively with the media to disseminate information in an accurate, complete and timely manner.Page 68 of 313 Communications Media Policy •All media inquiries will be immediately referred to the Communications Department. •If needed, employees should provide timely, accurate and complete information available for the response. •When possible, we try to give the media the subject matter expert.Page 69 of 313 Communications Media Policy •When speaking with the media, COE employees may not interject personal points of view. •If posting to social media, do not identify as a COE employee when posting personal points of view regarding matters of general public concern.Page 70 of 313 Communications Media Policy •Proactive media contact on behalf of COE is processed through the Communications Department •Departments seeking publicity will coordinate with the Communications Department.Page 71 of 313 Englewood Police Department Media Policy •Any media request for information or access to a law enforcement situation shall be referred to the designated Police Department Public Information Officer. •All media releases are subject to additional considerations of release standards including CCJRA, CORA and HOUSE BILL 1250. •The ultimate authority and responsibility for the release of information to the media shall remain with the Chief of Police.Page 72 of 313 Englewood Police Department Media Policy •SCOPE OF INFORMATION SUBJECT TO RELEASE •The Department will cooperate with media requests for information. •Initial Release Criteria will include: date, time, location, case number, type of crime, extent of injury or loss. Unless the release of such information would endanger the safety of any individual or jeopardize the successful completion of any ongoing investigation. •Ongoing updates will be provided as available.Page 73 of 313 •CORA/FOIA •CCJRA (Colorado Criminal justice Records Act) •Police reform bill (Colorado House Bill 1250) Media Release Criteria Page 74 of 313 •Colorado Open Records Act •Public Access to existing records and documents. •Coordinated with the City Clerk’s Office •Request deadlines included CORA REQUEST Page 75 of 313 •Additional set of timelines and requirements when information requests triggers bill policies. •Mandatory Victim notification prior to information release. •Minimal edits or redactions allowed. •Separate timeline requirements. •Most requests fall under CORA/CCJRA, State Policy Violations/accusations only •Body worn cameras Colorado Police Reform Bill Page 76 of 313 •Open Cases •General rule, we will not comment on open investigations •Goal to maintain the integrity of the case •Jurisdiction •Will not comment on other jurisdiction cases •Multi -jurisdiction considerations and coordination •Federal Agency Interest and Cooperation •District Attorney •Point of contact on all filed cases •Court Actions •Orders by Judge, sealed cases, juvenile cases Additional Considerations Page 77 of 313 •Car Accident •Single Vehicle •DUI -Vehicular Homicide •DUI -Vehicular Homicide –Critical Incident Example Page 78 of 313 Questions Page 79 of 313 STUDY SESSION TO: Mayor and Council FROM: Chris Edelstein, Christina Underhill, Victor Rachael DEPARTMENT: Public Works DATE: February 27, 2023 SUBJECT: Security Enhancements of Civic Center DESCRIPTION: Security Enhancements of Civic Center RECOMMENDATION: Staff proposes five options relative to entrances, exits, and overall safety of the Civic Center as part of the opening of the Englewood Public Library ("library") and recommends that Council provide guidance as to which option, if any, staff should implement. Staff recommends Option 3. PREVIOUS COUNCIL ACTION: August 15, 2022, contract approval for armed and unarmed guards for Municipal Courts, EEF and the Civic Center. SUMMARY: In January of this year, the library and specific access points to the Civic Center were closed due to methamphetamine contamination, the remediation of which is being finalized. As part of the plans for the reopening of the library, staff is recommending modifications to entrances to the building and security as part of efforts to mitigate the possibility of future methamphetamine contamination. ANALYSIS: The public may access the Civic Center through one of three main access points, of which two provide access to the library: • Northern access off of the loop road (access to the library); • Southern access from the lower level of the parking garage (access to the library); and • Southern access from the upper level of the parking garage. Staff proposes five options for Council consideration relative to access and safety of the Civic Center: Page 80 of 313 Option Description Components Total Cost One Status Quo: Maintain current access points as is with no additional security • 24 hour coverage, seven days a week through the security contract with the Englewood Environmental Foundation (EEF); • One armed security guard and metal detector outside of the Englewood Municipal Court ("court"); and • One roaming unarmed security guard for the Civic Center $456,945 (included in existing budget) Two Maintain current access points, but increase security • Keep existing security elements outlined in option one; and • Add three unarmed security guards, one at each entrance to the Civic Center $763,557 (additional $306,612 over existing budgeted amount) Three (recommended) Modify access points and increase security with metal detectors • Keep existing security elements outlined in option one; • Add two unarmed security guards with two metal detectors at the north and south first floor lobbies; • Restrict access to the second floor entrance from the upper deck of the parking structure to employees only with badge access; • Restrict access to the north lobby for elevator access and stair access, without access to the library; and • Restrict access to the library to the first floor south lobby from the parking lot. $708,754 ($251,809 over existing budgeted amount) Four Modify access points, increase security with metal detectors, and open the second floor to public access • Keep existing security elements outlined in option three; and • Add one metal detector and one security guard at the second floor south entrance. $776,729 ($319,784 over existing budgeted amount) Five Maintain current access points as is, but add full time police coverage to the library • Keep existing security elements outlined in option one; and • Add 2.5 police officers to the Englewood Police Department budget to provide 7-day per week coverage at the library with alternating coverage split between two officers; funding for .5 officers $721,070 ($264,125 over existing budgeted amount) Page 81 of 313 would fund overtime to cover vacation time, sick leave, etc. COUNCIL ACTION REQUESTED: Staff proposes five options relative to entrances, exits, and overall safety of the Civic Center as part of the opening of the library and recommends that Council provide guidance as to which option, if any, staff should implement. FINANCIAL IMPLICATIONS: • Option 1: $456,945 (status quo and already in the budget) • Option 2: $763,557 ($306,612 increase over current budget) • Option 3: $708,754 ($251,809 over existing budgeted amount) • Option 4: $776,729 ($319,784 over existing budgeted amount) • Option 5: $721,070 ($264,125 over existing budgeted amount) CONNECTION TO STRATEGIC PLAN: • Safety- providing a safe environment through enhance security features such as detection devices, additional guards and check points. • Community Wellbeing- providing safe, clean spaces for all staff and patrons to enjoy, learn and connect. • Governance- increase accountability through providing safe spaces for all. OUTREACH/COMMUNICATIONS: Public Works; Parks, Recreation, Library, and Golf; Communications; Police; Community Development; and the City Manager’s Office met regularly while the library was closed to plan out communications to the community about the closure of the library and related testing. Several posts were made through social media, and staff members, specifically Parks, Recreation, Library and Golf Director Christina Underhill and Public Works Director Victor Rachael participated in several interviews with new outlets across the United States. News outlets across the world covered the closure of the library. Staff is finalizing a postcard (see attached) that will be sent to households in Englewood with information on remediation steps in the library, library services and programs, and information on the opening of the library. ATTACHMENTS: Postcard for Library re-opening Security Enhancements of Civic Center floor plan Presentation Page 82 of 313 What is being done to prevent it from happening now? While monitoring illicit behavior in private spaces can be challenging, a variety of significant security upgrades are currently being considered such as the following: • Monitoring bathroom access and vape detector alarms that will alert staff to drug activity • Increased funding for additional library staff for better patron experience • Expanded private security firm contract to conduct additional surveillance inside and outside the library • Reducing the number of public entrances to the Civic Center from three to two with security checks at both entrances January 6 January 11 January 30 – February 15 Based on methamphetamine contamination testing at Boulder’s main library, the City of Englewood proactively tested the restrooms and other surfaces in the Englewood Public Library and later the Civic Center lobbies and 2nd and 3rd floor restrooms. Test results revealed levels of contamination above the state threshold and the city decided to close the library, north Civic Center lobby and second floor restrooms at the Civic Center until a remediation plan was formulated and executed. State certified experts used a triple application of mild detergents to clean affected areas per State health requirements. Englewood Public Library isNow Open! What happened?Page 83 of 313 1000 Englewood Parkway Englewood, CO 80110 PRST STD U.S. Postage PAID Englewood, CO Permit #??? Library programming continues! We are pleased to announce these upcoming programs for a variety of ages: • The In-N-Out Burger Cover to Cover reading program begins! For the first time in Colorado, Englewood Public Library will offer this reading incentive program for kids ages 4-12. Registration starting March 4. • The Winter Reading Program has been extended! Readers ages 16 and up can continue to participate in the Winter Reading Program through March 31. • Children’s Story Time is back in the Story Room! Join the fun each weekday morning at 10:30 a.m. • Teen Hangouts are back! Tuesdays at 5 p.m., teens can hang out with friends and enjoy games, movies and more! • Children’s After School Program – Special programs for kids are back in the Story Room Thursdays at 4 p.m. • For more programs, visit englewoodco.gov/library Page 84 of 313 EXIT ONLY W/PANIC BARTO ELEVATORRELOCATEEMPLOYEECARD READERTO THIS SIDEEXIT ONLYW/PANIC BAREMPLOYEEENTRANCETO LIBRARY / ELEV. LOBBYEGRESS FROM 2ND FLOORBUSINESS HOURS ONLYPRIMARYNORTHERNENTRANCEEXIT ONLY W/PANIC BAREXIT ONLY W/PANIC BAR EMPLOYEEENTRANCE*CARD READERTO REMAIN.* PRIMARYSOUTHERNENTRANCE= RETRACTABLE BELT STANCHIONEXIT ONLY W/PANIC BAR EMPLOYEEENTRANCERETRACTABLE GATEAFTER BUSINESS HOURS ONLYTO GARAGE EXITTO GARAGE EXITTO ELEVATOR3'-1"M. DET.3'-1"M. DET.ELEV. SERVICETO 2ND AND3RD FLR= RETRACTABLE BELT STANCHIONELEVATORSERVICE TO 2NDFLOORTO ELEV. LOBBYTO EXITTO 2ND AND 3RD FLR OR EXITTO 2ND AND 3RD FLRFROM GARAGE PARKINGFROM 1ST FLR4'-1/4"NORTH SECURITY - METALDETECTOR W/DIVESTING TABLEOR SIMILARSOUTH SECURITY -METAL DETECTORW/DIVESTING TABLEOR SIMILARPage 85 of 313 SECURITY GUARDW/ WAND TOASSIST WITH ADAENTRANCE?2ND FLOOR EMPLOYEEENTRANCE ONLYALTERNATE ACCESSIBLEENTRANCE? RTD?TO 1ST FLOOR EXIT OR 3RD FLOORTO 1ST FLOOR EXIT OR 3RD FLOORTO 1ST FLOOR EXIT OR 3RD FLOORTO 1ST FLOOR EXIT OR 3RD FLOORTO 1 S T F L O O R E XI T TO 1ST FLOOR EXITTO COURT OR ELEVATORTO COURTTO COURTTO COURT*UP FROM 1STFLOOR SECURITYCHECKPOINT*TO FIRST FLOOREXIT*ALT. ADA ENT. TO COURT OR ELEV.ALT. ADA ENT. TO COURT OR ELEV. ALT. A D A E N T. T O C O U R T ALT. ADA ENT. TO 3RD / 1ST FLR ELEV.ELEVATORSERVICE TO 1STAND 3RD FLRELEVATORSERVICE TO1ST FLRTO COURTDOWN FROM 3RD FLR Page 86 of 313 Security Enhancement of the Civic Center Christina Underhill –Director of Parks, Recreation, Library and Golf Chris Edelstein –Deputy Director of Public Works City Council, Study Session February 27, 2023Page 87 of 313 Security Enhancement of the Civic Center •Controlled access to all entrances to the Civic Center •Including the use of metal detectors •Increased contract security presence within the building •Addition of environmental sensors in the restrooms on the 1st and 2nd floors Page 88 of 313 Security Enhancement of the Civic Center •Option 1 –status quo:contract approved by City Council on Monday, August 15, 2022.Both entrances to the library will remain open. •One (1) armed guard for Municipal Courts (41.25 hours/week) –$87,297 •One (1) unarmed guard for 24/7 coverage of EEF (168 hours/week) –$269,418 •One (1) unarmed guard for Civic Center (55 hours/week) –$100,230 •Total annual cost = $456,945 Page 89 of 313 Security Enhancement of the Civic Center •Option 2 –all three entrances will be covered by an unarmed guard with one “floating” unarmed guard to respond to issues and cover breaks for the entrance guards. Both entrances to the library will remain open. •One (1) armed guard for Municipal Courts (41.25 hours/week) –$87,297 •One (1) unarmed guard for 24/7 coverage of EEF (168 hours/week) –$269,418 •Four (4) unarmed guards for Civic Center (247 hours/week) –$406,842 •Total annual cost= $763,557 (additional $306,612 over existing budgeted amount) •Environmental monitoring equipment in restrooms, cost currently unknown.Page 90 of 313 Security Enhancement of the Civic Center •Option 3 –both 1st floor entrances will be covered by a metal detector and an unarmed guard with one “floating” unarmed guard to respond to issues and cover breaks for the entrance guards. The 2 nd floor garage entrance will be an employee only entrance. Entrance to the library will be from the south garage entrance only. •One (1) armed guard for Municipal Courts (41.25 hours/week) –$87,297 •One (1) unarmed guard for 24/7 coverage of EEF (168 hours/week) –$269,418 •Three (3) unarmed guards for Civic Center (207 hours/week) –$343,258 •Purchase of two (2) metal detectors (one time cost) –$8,781 •Total annual cost = $708,754 (additional $251,809 over existing budgeted amount) •Environmental monitoring equipment in restrooms, cost currently unknown.Page 91 of 313 Security Enhancement of the Civic Center •Option 4 –all three entrances will be covered by a metal detector and an unarmed guard with one “floating” unarmed guard to respond to issues and cover breaks for the entrance guards. The 2 nd floor garage entrance will be open to the public. Entrance to the library will be from the south garage entrance only. •One (1) armed guard for Municipal Courts (41.25 hours/week) –$87,297 •One (1) unarmed guard for 24/7 coverage of EEF (168 hours/week) –$269,418 •Four (4) unarmed guards for Civic Center (247 hours/week) –$406,842 •Purchase of three (3) metal detectors (one time cost) –$13,172 •Total annual cost = $776,729 (additional $319,784 over existing budgeted amount) •Environmental monitoring equipment in restrooms, cost currently unknown.Page 92 of 313 Security Enhancement of the Civic Center •Option 5 –no change to access points or current security contract, but add 2.5 police officers to Englewood PD specifically to provide 7 -day per week coverage inside •One (1) armed guard for Municipal Courts (41.25 hours/week) –$87,297 •One (1) unarmed guard for 24/7 coverage of EEF (168 hours/week) –$269,418 •One (1) unarmed guard for Civic Center (55 hours/week) –$100,230 •Two (2) additional Englewood Police Officers for seven -day per week coverage in the library + .5 officers to cover holiday, sick leave, etc. --$264,265 •Total annual cost = $721,070 Page 93 of 313 Security Enhancement of the Civic Center •Staff recommends Option 3 •North “Trolley” entrance Page 94 of 313 Security Enhancement of the Civic Center •Staff recommends Option 3 •South 1st floor garage entrance Page 95 of 313 Security Enhancement of the Civic Center •Questions?Page 96 of 313 STUDY SESSION TO: Mayor and Council FROM: Bryan Isham DEPARTMENT: Community Development DATE: February 27, 2023 SUBJECT: Review and discussion of remaining Unified Development Code revisions. DESCRIPTION: Review and discussion of remaining Unified Development Code revisions. 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: July 27, 2020: Joint session with city council and planning and zoning commission. August 10, 2020: Unified Development Code Steering Committee formed by city council. March 22, 2021: Presentation of the final Unified Development Code (UDC) Assessment Report and consensus to move forward with the 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 approved by city council. November 1, 2021: Quarterly update of the CodeNext project. February 7, 2022: Quarterly 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. Page 97 of 313 August 22, 2022: Quarterly update of the CodeNext project. November 7, 2022: CodeNext update of the draft technical provisions. November 14, 2022: CodeNext update of the mobility, access and public realm design and technical provisions. November 21, 2022: CodeNext update of the sustainability and community design provisions. November 28, 2022: CodeNext update of the housing and neighborhood design provisions. January 23, 2023: CodeNext update of zone districts and uses and housing typology follow-up items. SUMMARY: The CodeNext project team will provide an update to the city council on sign provisions, historic preservation provisions, the definitions of Title 16, including discussions from the steering committee and staff, key changes being proposed and a draft of chapters 9, 12, and 13. ANALYSIS: This is the sixth scheduled study session review of the redrafted Title 16, addressing signs, historic preservation, and the definitions of the updated development code, which includes Chapter 9, Signs; Chapter 12, Historic Preservation; and Chapter 13, Definitions. The steering committee met on January 12 to discuss issues related to chapters 9 and 13; the Historic Preservation Commission has met numerous times to discuss proposed changes for chapter 12; and staff has reviewed and discussed the “working drafts” of all three chapters. Staff and the consultant team incorporated direction and comments from these meetings into the initial draft. 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 Chapter 9, Signs; Chapter 12, Historic Preservation; and Chapter 13, Definitions to the relevant sections of the current code, including some specific references to the scope, nature, and rationale for changes (or where sections are not changing and simply being reorganized or reformatted). 3. Draft chapter, initial draft of the specific code sections. This is the sixth in a series of study sessions that will ultimately cover all key issues and potential updates to the Englewood Unified Development Code. COUNCIL ACTION REQUESTED: The project team will respond to comments and questions from city council regarding the sign provisions, historic preservation provisions, and definition 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. Page 98 of 313 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 2023 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 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 Additionally, a detailed outline of all public outreach to date is attached. ATTACHMENTS: Draft Chapter Outline and Section Maps Draft Chapter 9: Signs Page 99 of 313 Draft Chapter 12: Historic Preservation Draft Chapter 13: Definitions PowerPoint Presentation Page 100 of 313 DRAFTDEVELOPMENT CODE UPDATE DEVELOPMENT CODE FRAMEWORK June 10, 2022 1 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. Page 101 of 313 DRAFTDEVELOPMENT CODE UPDATE DEVELOPMENT CODE FRAMEWORK June 10, 2022 2 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) Page 102 of 313 DRAFTDEVELOPMENT CODE UPDATE DEVELOPMENT CODE FRAMEWORK 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; Page 103 of 313 DRAFTDEVELOPMENT CODE UPDATE DEVELOPMENT CODE FRAMEWORK June 10, 2022 4 ▪ 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. Page 104 of 313 DRAFTDEVELOPMENT CODE UPDATE DEVELOPMENT CODE FRAMEWORK June 10, 2022 5 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 Page 105 of 313 DEVELOPMENT CODE UPDATE INITIAL DRAFT SECTION MAPS November 2022 1 ENGLEWOOD DEVELOPMENT CODE: SECTION MAP CHAPTER 9, SIGNS Proposed Section Current Code References Notes 16-9-1 Intent 16-6-13.A.1. Signs, Administration, Purpose Expanded purpose statements to correspond with other community impact and civic design policies and goals of the comprehensive plan and other sections of the code update. 169-2 Applicability 16-6-13.A.2 Signs; Administration; Applicability 16-6-12.A.3 Signs; Administration; Sign Permits 16-6-13.A.4. Signs; Administration; Sign Permit Alterations 16-6-13.E.3. Rules of Sign Measurement and Computation 16-6-13.A.5 – 9 Signs; Administration (eliminated various redundant or unnecessary sections Simplified permitting provisions; defer to administrative delegation for forms and permitting in Chapter 2, Procedures. [See 16-2-1.A.1 and 16-2-1.K.] Simplified sections on sign measurements (particularly computations of sign face(Table 16-6- 13.2) Eliminated several ineffective sections, redundant sections, or sections that simply referenced other standards 16-9-3 Exempt Signs 16-6-13.B. Incidental Signs Allowed without a Permit Expanded on some sign types for greater distinctions between different types of routine signs; consolidated some similar types into single general categories; improved standards and criteria for limits on what is exempt; removed several content-specific sign standard in favor of content-neutral approach and general sign type approach Simplified temporary signs into a single temporary sign budget. [talbe 16-6-12.1 had 6 different types and allowances - some of them were overlapping and some were content based; in general the temporary sign allowance is comparable to what would be allowed under these prior standards, but errors on a more generous allowance for situations where having multiple temporary signs is reasonable and common. Noted that any signs beyond the exemption limits may be allowed through permits and within one of the permitted sign type allowances. 16-9-4 Sign Types & Allowances A. Residential Signs B. Nonresidential Signs 16-6-13.F.6.c Principal Signs Allowed by Zone districts Simplified the sign types into 4 primary allowances and then allow applicants to allocate that allowance within any sub-types or variations. [Note: see comments below on the elimination of significant portion of 16-6-13.F. that created overlaps, interpretation issues, and conflicts with the allowances established in this section.] The sign allowance is based on lot and/or building frontage – similar to current section – and should scale signs allowances appropriately to the context and the lot/building. This will result in sign allowances the same or comparable to the current allowances. 16-9-5 Standards for Specific Signs A. Ground Signs B. Building Signs C. Multi-story Building Signs 16-6-13.H.1. Signs, Sign Bonuses, Multi-tenant Signs 16-6-13. F.6.b Signs; Principal Signs; Permitted Principal Signs; Dynamic Displays Consolidated many different design and performance standards, applying to a wide range of overlapping or redundant sign types, into a few specific standard targeted at general sign types. Few substantive changes result from this simplified approach. Page 106 of 313 DEVELOPMENT CODE UPDATE INITIAL DRAFT SECTION MAPS November 2022 2 ENGLEWOOD DEVELOPMENT CODE: SECTION MAP CHAPTER 9, SIGNS Proposed Section Current Code References Notes D. Multi-tenant Buildings & Sites E. Drive-through Service Facilities F. Portable Pedestrian Signs G. Dynamic or Electronic Message Displays 16-6-13.H.3 Signs; Sign Bonuses; Multi-story Wall Signs 16-9-6 General Standards – All Signs A. Public Health, Safety, & Maintenance B. General Design C. Specific Designs Prohibited D. D, Illumination 16-6-13.E. Sign Specifications (sight triangles, illumination 16-6-13.F. (various sections Many random or redundant sections addressing performance or impacts of different types of signs were consolidated into some specific performance standards. Eliminated sections on “prohibiting” certain sign types. (Generally in codes it is a bad practice to list prohibited things since it must be interpreted with the assumption that the standards are complete, and the implication is that things not on the list are permitted.) Rather, these prohibited types were converted to performance standards that need to be met, or specific practices that cannot be done. Eliminated Sections 16-6-13.D. Signs in the public ROW Default to the general exemption of “Public Safety, Traffic Control or Public Information” signs from the standards of the code and therefore signs placed by authorized official entities may go in the right-of-way. Otherwise, an overall prohibition of any signs in the right of way is the best practice due to legal and policy reasons. A narrow exception / exemption is created in the code standards for building signs on street front building that may project over the ROW and temporary sidewalk/sandwich board signs on Pedestrian Street (subject to performance standards). Also eliminated the complicated permitting and license agreements in association with this general prohibition and limited exemption. Eliminated Section 16-6-13.F. Sign Types This set up a complicated system of potentially overlapping sign types that did not necessarily correspond with any regulations or sign allowances, creating interpretation issues and potential conflicts. The simplified approach to allowances in 16-9-4 accounts for all of these types in general categories. Any specific standards for a particular sign type is accounted for in 16-9-5 or 16-9-6. Eliminated Section 16-6-13.G. Accessory Signs This is another of the conflicting / overlapping sign types. These signs are accounted for in the new code either by: sign exemptions in 16-9-3 (i.e. 16-9-3.F. Incidental Signs), Temporary Sign allowances in 16-9-4, or a general sign allowance in 16-9-4 (i.e. Pedestrian Signs) Page 107 of 313 DEVELOPMENT CODE UPDATE INITIAL DRAFT SECTION MAPS December 2022 3 ENGLEWOOD DEVELOPMENT CODE: SECTION MAP CHAPTER 13 – DEFINITIONS Proposed Section Current Code References Notes 16-13-1 Description of Uses 16-11-1 Use Classifications (and the prepared terms in 16-11-2 Definitions of Words, Terms and Phrases) Eliminated current redundancy of having uses listed in the “description of use” section, and then repeating the same uses, similar uses, same definitions, or slightly different definitions in the definition section. Added interpretation guide at the start for how to interpret / distinguish when uses may meet more than one category or specific uses are not listed (adding flexibility and improving expectations of the code) Use descriptions corresponds with changes in the use table (generalizing some uses / consolidating specific uses; distinguishing and refining by scale, etc.) and many use categories and types elaborate on performance criteria, operational characteristics, or how the scale of uses is interpreted. Examples of typical uses are included with several general types. [See comments with section map for Section 16-4-2] 16-13-2 Definitions 16-11-2 Definitions of Words, Terms, and Phrases This section in the draft includes all of the remaining “non-use” definitions from the current code. Many are not used in the current code, or are only used in other definitions or descriptions of uses. Others are restatements of standards from other sections, that do not necessarily define or clarify the term or usage. As part of the final draft – when language and terminology of the substantive standards is more finalized, the list will be “merged and purged - and eliminate any terms not used in the final draft, remove definitions of terms with plain and simple meeting, remove definitions that do not define but simply restate a standard of the code, add definitions for new terms that require a specific meaning under this code.. Page 108 of 313 9 Signs 16-9-1 INTENT Working Draft Title 16: Englewood Development Code November 2022 9-1 Chapter 9 Signs 16-9-1 Intent 16-9-2 Applicability 16-9-3 Exempt Signs 16-9-4 Sign Types & Allowances 16-9-5 Standards for Specific Signs 16-9-6 General Standards – All Signs 16-9-1 Intent The intent of the sign standards is to: A.Create an attractive aesthetic environment in the city. B.Enhance the quality and civic design of the community through the visual priority of buildings, streetscapes, open spaces, landscapes, and other investments in the public realm. C.Ensure that signs preserve and contribute to the unique character of distinct places and districts. D.Promote safety of pedestrians, bicyclists, motorists, or other users of the public rights-of-way with proper location, construction, operation, and maintenance of signs. E.Provide effective identification and communication for businesses, institutions, and other community destinations without excessive competition for visual attention. F.Protect property values and investments by minimizing adverse effects of signs on adjacent property. G.Improve economic viability by assuring that the city is a visually pleasant place to visit, conduct business, and live. H Ensure that the constitutionally guaranteed right of free speech is protected through appropriate standards for signs as a way of public communication. 16-9-2 Applicability A.General Applicability. The standards in this Chapter shall apply to all signs except: 1.Legal non-conforming signs, subject to the provisions in Section 16-1-8.G. 2.Exempt signs as specified in Section 16-9-3. B.Permit Required. All signs shall require a permit to demonstrate compliance with this Chapter, issued based on an application signed by the property owner or the owner’s authorized agent, except the following signs: 1.Signs exempt from a sign permit, as specified in Section 16-9-3. 2 The change of copy or content, change of sign panels, or similar changes to an existing sign that conforms to these standards, provided there is no change in the size, sign structure, or other essential design characteristics of the sign. 3.Ordinary maintenance or repair of existing signs provided no structural changes are made. 4.Permits may be required for work associated with any sign that impacts other public safety codes, such as electrical, fire, or building codes. C.Sign Measurements. Sign dimensions shall be interpreted as follows: 1.General Area Calculation. All applicants for a sign permit shall provide the surface area of the sign in square feet, providing methods and measurements for the calculation.DRAFTPage 109 of 313 9 Signs 16-9-2 APPLICABILITY Working Draft Title 16: Englewood Development Code November 2022 9-2 Signs mounted on or displayed as a standard geometrical shape shall be measured by the standard mathematical formula for that shape. Signs mounted on or displayed as an irregular shape shall be measured by the smallest area of up to two standard geometrical shapes that can encompass the entire sign mounting. 2. Freestanding Signs. The area of the sign shall be computed by the entire area of the face of the structure, cabinet, or module encompassing the sign. Bases or supporting structures that include no message may be excluded from the sign area calculation. 3. Wall, Window or Other Building-mounted Signs. Any building mounted sign mounted on a background shall be measured by the area of the background. If mounted directly on the wall, the area shall be computed by means of the smallest single and continuous perimeter of up to two standard geometric shapes that enclose the outer limits of the writing, emblem, or other display. Gaps which are greater than two times the height of the sign area, when using the continuous perimeter above, may be subtracted from the calculation of the sign area, but it shall be interpreted as two signs. The area of the wall or window area for the purposes of determining the sign allowance shall be the total surface of the wall or window visible in an elevation view. 4. Decorative Elements. Embellishments such as pole covers, framing, decorative roofing and support structures shall not be included in the area of the measurement if they contain no writing, emblem, or other display. 5. Double-faced Signs. Where the sign faces of a double-faced sign are no more than three feet apart at any location, only one face will be measured in computing sign area. If the two faces of a double-faced sign are of unequal area, the area of the sign will be the area of the larger face. In all other cases, the areas of all faces of a multi-faced sign or the surface area of objects will be added together to compute the area of the sign. 6. Height. Sign height is measured from the existing lowest grade directly below the sign to the highest point on the sign or sign structure. If the existing lowest grade cannot be reasonably determined, height shall be measured from the nearest crown point of a public street. 7. Clearance. Sign clearance is measured from the highest point of the ground directly below the sign to the lowest point on the sign structure enclosing the sign face. 8. Three-dimensional Objects. Three-dimensional sign area is measured by the profile surface area that encloses the entire object on each side. This is calculated bye largest profile of the object, plus the profile at 90 degrees from the largest profile, times two. [insert graphic] DRAFTPage 110 of 313 9 Signs 16-9-2 APPLICABILITY Working Draft Title 16: Englewood Development Code November 2022 9-3 16-9-3 Exempt Signs The following signs are exempt from a sign permit provided the sign meets all other applicable requirements of this Chapter. Unless specifically noted, exempt signs do not count towards the sign allowance specified for the applicable zone district. A. Property Identification Signs. Signs clearly indicating the property address or building identification are encouraged to enhance the ability of public safety, emergency services personnel, and the general public to locate the property. Property identification signs shall be visible from the right-of-way and are subject to the following limitations: 1. Address Signs. Two per address up to 2 square feet each, only one of which may be ground mounted. Address signs on buildings shall be placed between 4 feet and 12 feet high on the building. Ground-mounted address signs shall be no more than 36 inches high. 2. Building Name Plate. Each building or site may have one name plate sign per street front, up to 20 square feet. Building name plate signs shall be associated with the permanence or significance of the building or site, rather than a particular tenant, and include designs such as engraved stone, bronze plates or similar ornamental detail integrated with the architecture of the building or the landscape of the site. Figure ## Sign Measurements The size of a sign is generally measured by the area it is mounted upon, or when mounted directly on walls or irregular shapes, the area of up to two standard geometric shapes that encompass the sign or the outer limits of the sign. [16-9-2.C.1 and 3.] [fix graphic scale and labels to fit space and better format/layout] Figure ## Double Faced signs Double faced signs generally count the area of only one side as the sign area; except where they are more than 3 feet apart at any one point, then each sign face counts to the area. 16-9-2.C.5. [fix graphic scale and labels to fit space and better format/layout] Figure ## Three-Dimensional Signs … [add graphic] DRAFTPage 111 of 313 9 Signs 16-9-3 EXEMPT SIGNS Working Draft Title 16: Englewood Development Code November 2022 9-4 B. Public Safety, Traffic Control or Public Information. Signs designed and located to control traffic movement and safety of vehicles and pedestrians according to uniform traffic control device standards, signs required by the City’s Building or Fire Code, or signs otherwise required to support any official action or legal obligation of a federal, state, or local government, may be designed and located to meet the public purposes or requirements of other codes. C. Flags. Flags shall be mounted to the building and below the building height or mounted on a permanent pole subject to the height limit of the zoning district and setback from the property line a distance equal to the actual height of the flag pole. 1. Residential Districts. Up to three non-commercial flags may be permitted per lot. Total flag area per property shall not exceed 80 square feet and no single flag may be more than 40 square feet. 2. Nonresidential Districts. Up to five non-commercial flags may be permitted per lot. Total flag area per property shall not exceed 200 square feet and not single flag may be more 100. 3. Permits. Any flags beyond these allowances shall only be allowed by a permit and count towards the sign allowance for the lot. D. Window Signs. Signs may be mounted to the interior of any first-floor windows in nonresidential districts, provided signs shall not exceed more than 25 percent of the area of all first floor windows, measured between 2 feet and 10 feet above the first floor elevation, and provided at least 50 percent of the window the sign is mounted on remains clear of any visual obstructions including the sign area. E. Temporary Signs. Temporary signs are exempt from the sign permit process, provided they are within the allowances in Sections 16-9-4 and 16-9-5. F. Incidental Signs. Incidental signs for nonresidential uses or multi-family complexes, which are intended to convey messages to guests, patrons, or other users of the lot, such as parking instructions, internal directions, building names or unit numbers, security warnings, or other similar minor accessory signs are limited to: 1. No more than 10 square feet total sign allowance per lot, or 40 square feet per acre, whichever is greater. 2. No single sign may be more than 6 square feet, or 12 square feet for lots more than 1 acre. 3. Signs shall be no more than 8 feet high if ground mounted or 12 feet high if mounted on a building; 4. Signs shall be setback at least 10 feet from all property lines; and 5. Grouping or arranging incidental signs to have the effect of a larger permitted sign or and increase visibility to the public (as opposed to guests, patrons or other users of the site) makes all signs in the grouping ineligible for this exemption. G. Construction Signs. Signs associated with a nonresidential or multi-family construction, or any construction project over 10 acres, and under a valid permit are limited to: 1. Up to 80 square feet total sign allowance per public street frontage; 2. No more than 3 signs per street frontage; 3. Signs shall be mounted on a trailer, building or fence, or if mounted on the ground it shall be limited to no more than 10 feet high; and 4. The signs shall only be posted for the duration of a valid permit associated with the project. These signs are in addition to any other temporary sign allowances in Sections 16-9-4 and 16-9-5 H. Interior Signs. Any sign that is not visible from the right-of-way, from any point along the perimeter of the property or from adjacent property, or from publicly accessible common spaces DRAFTPage 112 of 313 9 Signs 16-9-3 EXEMPT SIGNS Working Draft Title 16: Englewood Development Code November 2022 9-5 are exempt from permits and the standards of this Chapter, but may be subject to electrical, fire, or building codes or other construction specifications. I. Special Event Signs. Signs associated with a temporary special event may be approved through the permitting and approvals for the event. Signs shall generally follow the standards in this Section; however, the event approval process may authorize deviations that generally meet the intent of this Article, or based on the short term and special circumstances of the event. J. Scoreboards. Scoreboards accessory to athletic fields are exempt from the permits and standards provided they are approved as part of a site improvement plan for the facility and are oriented to convey messages only to patrons of the facility. K. Works of Art. Works of art, as defined under this code, including non-commercial art, painted images, and integral decorative or architectural features are exempt from the sign permits and standards, provided: 1. No language, symbols, or depictions that are known by or could reasonably be suspected by law enforcement to be associated with or representative of documented criminal street gangs, suspected or alleged criminal organizations, or suspected criminal activity is included or contained within the work of art. 2. Murals shall be located on building walls only and shall not contain an electronic display. Mural images may extend across doorways of buildings, but not be used to justify violating any other applicable site or building design standard. 16-9-4 Sign Types & Allowances A. Residential Signs. The following signs are permitted in the residential zone districts (R-1-A, R- 1-B, R-1-C, R-2-A, R-2-B, MU-R-3-A, MU-R-3-B, and MU-R-3-C), and for any residential building or use permitted in a nonresidential district. All Planned Unit Developments and Specific Plans containing a residential component shall follow these standards, unless specifically amended by the PUD or Regulating Plan. 1. Building & Ground Signs. The total allowable building and ground signs is based on the lot frontage, including front and street side lot lines. The total allowance may be allocated to multiple signs, subject to the limits for each sign type in Table 16-9-1. Table 16-9-1: Building & Ground Signs - Residential Total Allowance R-1 & R-2 MU-R-3 Only permitted principal nonresidential uses Only permitted principal nonresidential uses and large apartments < 100’ Frontage 1.5 s.f. / each 1’, but at least 80 s.f. 101’ – 250’ frontage 1.0 s.f. / each 1’ > 250’ Frontage 0.4 s.f / each 1’ Ground Signs Maximum Size 125 s.f. Quantity 1 per street frontage, and 2 per any frontage over 150’ Maximum Height 15’ Location 10’ setback from any lot line. See Section 16-9-5.A. Building Signs DRAFTPage 113 of 313 9 Signs 16-9-4 SIGN TYPES & ALLOWANCES Working Draft Title 16: Englewood Development Code November 2022 9-6 Table 16-9-1: Building & Ground Signs - Residential Maximum Size 125 s.f. Quantity 1 per street-facing building frontage Location Attached to the building. See Section 16-9-5.B. and 19-6-6.B. 2. Pedestrian Signs. Pedestrian signs are allowed based on the public entrances of the principal building, subject to the limits in Table 16-9-2 Table 16-9-2 Pedestrian Signs - Residential Total Allowance Only permitted principal nonresidential uses or multi-unit buildings (i.e. school, church, community center, apartments): Pedestrian Signs Maximum Size 12 s.f. Quantity 1 per each public building entrance Maximum Height 6’ if ground mounted 12’ if building mounted Location Mounted on a wall within 10’ of the entrance, or mounted on the ground within 20’ of the entrance feature. 3. Temporary Signs. The total allowable temporary signs is based on the lot frontage, including front and street side lot lines. The total allowance may be allocated to multiple signs, subject to the limits for each sign type in Table 16-9-3 and Section 16-9-5.D. Table 16-9-3: Temporary Signs - Residential Total Allowance 18 square feet total sign allowance, or 0.18 square feet for every 1’ of street frontage for lots over 100’ of frontage, up to a maximum of 48 square feet. Temporary Sign Quantity Total allowance may be allocated to multiple signs 120 day limit for period where more than 2 signs displayed Maximum Size 12 s.f per sign; 18 s.f per signor lots 100’ to 200’ of frontage; 24 s.f per sign for lots with over 200’ of frontage. Maximum Height 5’ if ground mounted 20’ or top of the wall, whichever is less if mounted on a building. Location On private property. See Section 16-9-5.D B. Nonresidential Signs. The following signs are permitted in nonresidential zone districts (M-, MU-B-, I- and I-). All Planned Unit Developments and Specific Plans containing a nonresidential component shall follow these standards, unless specifically amended through the PUD or Regulating Plan. DRAFTPage 114 of 313 9 Signs 16-9-4 SIGN TYPES & ALLOWANCES Working Draft Title 16: Englewood Development Code November 2022 9-7 1. Building or Ground Signs. The total allowable building and ground signs is based on the lot frontage, including front and street side lot lines. The total allowance may be allocated to multiple signs, subject to the limits for each sign type in Table 16-9-4. Table 16-9-4: Building & Ground Signs - Nonresidential Total Allowance M- Districts MU-B- and I- Districts < 100’ Frontage 1.5 s.f. / each 1’; but at least 100 s.f. 2.0 s.f. / each 1’; but at least 100 s.f. 101’ – 250’ frontage 1.0 s.f. / each 1’ 1.25 s.f / each 1’ > 250’ Frontage 0.4 s.f / each 1’ 0.6 s.f. / each 1’ Ground Sign Maximum Size 125 s.f. Quantity 1 per lot frontage, Plus up to 2 secondary ground signs on lots with more than 100’ of frontage. Secondary ground signs count toward the total sign allowance and are limited to no more than 10% of the total sign allowance for each accessory ground sign. Maximum Height 25’ Location Setback 15’ from curb or edge of street, and 3’ from a sidewalk, whichever is greater. Shall be located on private property in all cases. See Section 16-9-5.A. Building Sign Maximum Size 125 s.f Quantity 1 per street-facing building elevation Plus up to 3 secondary building signs. Secondary building signs count toward the total sign allowance and are limited to no more than 15% of the total sign allowance for each secondary building sign. Height No taller than the wall for flat roofs, or no taller than the roof deck or eave line for pitched roofs. See Section 16-9-5.B. Location Attached to the building. See Section 16-9-5.B. and 19-6-6.B. 2. Pedestrian Signs. Pedestrian signs are allowed based on the extent of building frontages and primary entrances of the principal building, subject to the limits in Table 16-9-5 Table 16-9-5 Pedestrian Signs - Residential Total Allowance Based on the extent of street-facing building frontage for all frontages designed according to Section 16-5-5. Frontage Signs Quantity 1 per 50 feet of building frontage, or 1 per storefront tenant, whichever is greater. Maximum Size 6 s.f. Location Mounted directly on the surface of the wall, awning or canopy, or if hanging below, at least 7’ 6” clear from the sidewalk below the sign. Building Entrance Sign Quantity 1 per primary business entrance. Maximum Size 8 s.f. DRAFTPage 115 of 313 9 Signs 16-9-4 SIGN TYPES & ALLOWANCES Working Draft Title 16: Englewood Development Code November 2022 9-8 Location Mounted flush to the wall, or if projecting may project up to 4’ off the wall but must be at least 7’6” clear form the sidewalk below the sign, and shall be within 10’ of the entrance. 3. Temporary Signs. The total allowable temporary signs is based on the lot frontage, including front and street side lot lines. The total allowance may be allocated to multiple signs, subject to the limits for each sign type in Table 16-9-6 and Section 16-9-5.D. Table 16-9-6: Temporary Signs - Nonresidential Total Allowance 25 square feet total sign allowance, or 0.25 square feet for every 1’ of street frontage for lots over 100’ of frontage, up to a maximum of 100 square feet. Temporary Sign Quantity Total allowance may be allocated to multiple signs 120 day limit for period where more than 2 signs displayed Maximum Size 16 s.f per sign; 32 s.f per signor lots 100’ to 200’ of frontage; 48 s.f per sign for lots with over 200’ of frontage. Maximum Height 15’ if ground mounted 30’ or top of the wall, whichever is less if mounted on a building. Location On private property. See Section 16-9-5.D 16-9-5 Standards for Specific Signs The standards in this section are supplemental standards, in addition to the general standards in Tables 16-9-1 through 16-9-6 and applicable to specific sign types. A. Ground Signs. Ground signs are subject to the following additional limitations: 1. Ground signs shall be located within a landscape area at least 3 feet in all directions from the base of the sign. 2. Ground signs shall be separated from any other ground sign on abutting property a by at least the height of the tallest sign. 3. Ground signs and bases shall be constructed with durable, quality materials that complement the building or is integrated into the landscape and other site elements in terms of material, colors, and ornamentation. 4. Ground signs shall be accompanied by a landscape plan that integrates the sign area into the overall site, softens the visibility of the structural elements, and improves the appearance of the sign and property from the streetscape. B. Building Signs. Buildings signs are subject to the following additional limitations: 1. Signs attached to a building may only extend above the highest portion of the wall plane of the façade it is mounted on up to 10 feet or 25% of the height of the sign area, whichever is less. No portion of a building wall may be built above the roofline, that serves no other structural or architectural purpose, other than to mount a sign or expand the sign area allowance. 2. Signs attached to a building shall not project more than 12 inches off the surface, except projecting signs meeting the following additional limitations: a. Projecting wall signs may extend from and be perpendicular to the wall up to 6 feet, but no closer than 5 feet to the back of the curb. b. Projecting signs shall be at least 8 feet above grade. Commented [CB1]: Confirm with staff - coordination with sign "bonus" for buildings setback 100'+ and difficulty of computing / applying that. DRAFTPage 116 of 313 9 Signs 16-9-5 STANDARDS FOR SPECIFIC SIGNS Working Draft Title 16: Englewood Development Code November 2022 9-9 b. Only one projecting sign is permitted per building c. Projecting signs shall be no larger than 50 square feet. C. Multi-story Building Signs. Buildings over 75 feet tall shall be permitted an additional building sign, that does not count to the total sign allowance and number, based on the following: 1. Signs shall be permitted for each façade, but the sign allowance shall not be transferable to any other sign, any other façade, or any other location on the wall. 2. Electronic message display signs shall not be permitted for these additional signs. 3. Signs shall be located at the top story of the building, or on the roof but below the highest access structural element of the building. Additional structural elements shall not be constructed to expand the location or total allowance are of the sign. 4. The permitted sign area shall be based on Table 16-9-7, Multi-Story Building Signs. Table 16-9-7: Multi-Story Building Signs Total Allowance Based on the height of the building and the horizontal building frontage at the elevation where the sign is placed 75’ – 100’ tall 5 s.f. / each 1’ of building frontage 101’ – 150’ tall 6 s.f. / each 1’ of building frontage > 150’ tall 7 s.f / each 1’ of building frontage D. Temporary Signs. Temporary signs are subject to the following additional limitations: 1. The total area allowance for temporary signs in Table 16-9-3 or 16-9-6 may be allocated to multiple, signs provided: a. No single sign exceeds the maximum area per sign. b. The limitation periods for multiple signs is not exceeded. c. Signs shall not be grouped or arranged to have the effect of a larger permitted sign or otherwise be coordinated as a single sign. 2. Temporary signs shall not be illuminated or painted with a light-reflecting paint. 3. Temporary signs shall be constructed of rigid material, designed to resist quick deterioration from the elements, and securely anchored to not pose a distraction or hazard. Non-rigid materials (such as banners) shall be secured by a support or frame to avoid distraction of flapping. 4. No temporary sign shall be displayed for more than 150 consecutive days, without 60 days intervening. Relocation of a temporary sign, or removal and replacement with a substantially similar sign does not expand the time period for the temporary sign. 5. The Director may require the removal of any temporary sign that pertains to an expired event, or may refrain from enforcement of the duration or time limits for any temporary sign related to an event that has been extended beyond the control of the owner. E. Multi-tenant Buildings and Sites. Any building or site with multiple tenants shall be subject to the following: 1. Only one ground sign shall be permitted to be shared by all tenants. Multi-tenant sites with more than 150 feet of frontage may have a second ground sign. Multi-tenant signs shall not count to the total sign allowance, provided all other signs are building or pedestrian signs. 2 Building signs may be apportioned to any tenant with a separate exterior entrance and apportioned to their percentage of the street-facing elevation. In the case where all tenants share a common entrance the building signs may be apportioned to no more than two signs per street-facing elevation. 3. A sign plan shall demonstrate coordination of all signs on the building, allow sufficient flexibility for the replacement of signs or new tenants without the need for a new sign DRAFTPage 117 of 313 9 Signs 16-9-5 STANDARDS FOR SPECIFIC SIGNS Working Draft Title 16: Englewood Development Code November 2022 9-10 plan, unless a completely new sign design concept is proposed for the entire building or site. F. Drive-Through Service Facilities. Drive through service facilities may have have two (2) signs along the drive-through lane, provided that each sign is limited to one (1) face and shall not 8 feet in height and 35 square feet in area. Signs shall be located according to the accessory use standards in Section 16-4-4.E. G. Portable Pedestrian Signs. Portable pedestrian signs (“A frame”, “sandwich board” or “T- frame”) may be placed in the public right-of-way, or areas of a site associated with service areas, for any permitted retail or service use provided: 1. No more than one sign per public building entrance. 2. The sign is limited to 8 square feet, and shall be no wider than 3 feet and not taller than 4 feet. 3. The sign is placed within 20 feet of the main entrance of the building or service area of a business, and at least 2 feet from any curb. 4. The sign is placed on or near a sidewalk, and otherwise associated with pedestrian routes to and from the business. 5. The sign shall maintain at least six feet clear passage for pedestrians on the sidewalk, and is otherwise not put in any location that creates visual obstructions or safety hazards for users of the right-of-way. H. Dynamic or Electronic Message Displays. Dynamic or electronic message displays may be incorporated into permitted signs are subject to the following additional limitations: 1. Only one display shall be permitted for each street frontage. 2. All other signs on the property shall conform to the standards of this Chapter. 3. Displays shall only be used for permitted non-residential uses, and shall be setback at least 100 feet from any residential use, except in the MU-B districts the display shall be setback 100 feet from any residentially zoned property. Portions of a sign use for dynamic or electronic display shall be further limited in the following districts: a. R-1 and R-2 districts – 10 square feet maximum. b. MU-R-3, M-1 and M-2 – 20 square feet maximum. c. MU-B and I- districts – area of general sign allowance. 4. Only static display is permitted with at least 10 seconds between changes in display and no more than 0.3 second for transitions. 5. Changes may occur only by solve, fade or instantaneous change. Scrolling, flashing, rolling, window shading or other similar effects, or any other flashing or appearance of movement is prohibited. 6. Displays shall be equipped with a sensor or other device that automatically determines the ambient illumination and programmed to dim according to ambient light conditions and keep the illumination to no more than 0.3 footcandles over ambient lighting conditions. a. Lighting shall be measured perpendicular to the sign at a distance dependent on the overall sign area. b. Unless standard industry practices dictate a different measure or method, the distance shall be the square root of 100 time the sign area. (i.e. a 50 square foot sign should be measure from 70.7 feet perpendicular to the sign.). 7. Applications for sign permits containing an electronic display shall include the manufacturer's specifications and cd/m2 rating. 8. Signs shall not include any business message that is not on the same lot or premises as the sign, and shall not direct attention to a business, produce or service sold or offered off premises. 9. Any sign that malfunctions causing flashing, motion, or other violations of this Chapter shall be turned off as soon as possible, but in not case longer than 24 hours. The sign shall not be turned on again until prepared to operate according to these standards. DRAFTPage 118 of 313 9 Signs 16-9-5 STANDARDS FOR SPECIFIC SIGNS Working Draft Title 16: Englewood Development Code November 2022 9-11 10. The City shall have the right to enter the property and view the programmed specifications of the sign to determine compliance with these provisions in accordance with the sign permit issued for the sign. 16-9-6 General Standards - All Signs A. Public Health, Safety, & Maintenance. 1. All signs shall be designed, constructed, located, and maintained in a manner that is compliant with all electrical, fire, and building codes, and any other industry standards for public safety of signs, so that the sign does not present any potential risk to public safety in the judgment of the Building Official or the Director. 2. No sign shall be designed or located in a way where it can imitate or be confused with an official government sign for traffic direction or any other public safety symbol. 3. Signs shall not obstruct visibility of pedestrians and vehicles with sight triangles. Monument signs over 3 feet high or pole signs with less than 8 feet clearance shall not be located in the following areas: [insert updated graphics from current code] a. At street intersections, a triangle measured 30 feet from the point of intersection along each intersection curb line, b. At street and alley intersections, a triangle measured 25 feet along the curb line from the center of the alley, and 25 feet deep on the centerline of the alley. c. The city traffic engineer may establish any other sight distance for these locations and for signs related to access points based on the sight distance provisions of Section 16-3-4.C.2. 4. Any sign projecting over a walkway, active area in front of a building, or other area where people may pass shall maintain at least 7.5 feet vertical clearance. 5. No sign, sign structure, or associated grounds shall present any dilapidated state or condition that may impact the relationship to or appearance from the public right-of-way or adjacent property. B. General Design. 1. Placement. The location of all permanent signs shall be incorporated into the architectural design of the building according to the following principles: a, Placement of signs should be considered part of the overall facade design and composition. b. Sign locations should align with major architectural features such as marquees, building name plates, storefront sign bands, cornices and parapets, entrance features, windows, canopies, and other similar architectural features. c. Signs shall not be placed where they obstruct any significant building design feature, including windows, architectural details, trim, and ornamentation. 2. Durability & Appearance. All permanent signs shall be designed to convey durability and a quality appearance according to the following principles: a. Materials, particularly for the frames, casings or bases of signs, should be chosen to complement the architecture of the building, and coordinate with other accent materials or architectural details of the building b. Simple 2- and 3-color contrasting colors schemes should be used between the color of the background, letters, and accents to ensure legibility and quality appearances. Fluorescent colors should be limited to accents and typically less than 10% of the sign area. c. Buildings and sites that have that have multiple building or ground signs should coordinate all signs using one or more consistent coordinating element, such as similar fonts, colors, sign scale or shapes, backgrounds, or casing and framing material. d. All signs and any surrounding grounds or landscape shall be maintained in good condition, free of any debris, weeds, disrepair, or other unsightly conditions. DRAFTPage 119 of 313 9 Signs 16-9-6 GENERAL STANDARDS - ALL SIGNS Working Draft Title 16: Englewood Development Code November 2022 9-12 C. Specific Designs Prohibited. 1. No sign shall be placed on any vehicle or trailer visible from the right-of-way, where the sign and the vehicle or trailer is located specifically to avoid the standards or criteria of this Chapter. 2. No sign shall be attached to any public utility pole or installed within the public right-of- way, except: a. Official government signs exempt from these standards according to Section 16- 9-3.B; b. Signs attached to and projecting from buildings and meeting all other standards of this Chapter; c. Portable pedestrian signs meeting the limited license and exception in Section 16-9-5.F; or d. Signs otherwise licensed by the city through special events or management of the design and use of the right-of-way, apart from the Development Code. 3. No sign shall include balloons, streamers, pennants, or other air activated elements and animated elements, whether animated by mechanical, electrical, or environmental means. a. This limitation shall not apply to pedestrian signs, provided any animated element shall apply to the overall pedestrian sign allowances. b. This provision shall not apply to prohibit flags, temporary signs, or electronic message displays meeting the standards of this Chapter, or to signs approved in association with a special event permit. 4. Any sign with a business message shall be located on the lot of the business activity and shall not direct attention to a business, produce or service sold or offered off premises, except signs for multi-tenant premises, which must be associated with the site and located in common areas controlled by the businesses or property owners’ associations. D. Illumination. 1. Any illumination shall be designed to eliminate glare or any other negative impacts on surrounding rights-of-way and property. In general, any direct source of light shall not be visible from the public street or adjacent property. 2 Light from an illuminated sign shall not spill onto adjacent properties. The light reading at any point within 10 feet from and adjacent private property shall be less than one foot- candle. 3. External light sources shall be directed and shielded to conceal the light source and illuminate only the surface of the sign. 5. External illumination of a signs 10 feet high or more shall only occur from the top down. 4. The maximum luminance of any sign shall be 750 candelas per meter squared (cd/m2). 5. No light source shall cause any glare, flashing, movement, or other distraction to traffic. 6. Exposed incandescent, neon, or tube lighting, or other integral illumination where the light source is the sign, shall be limited to window signs mounted to the inside of the building, or used only as an accent of less than 10% of the sign area. DRAFTPage 120 of 313 1 2/21/20236/28/20216/25/2021 S:\CITYATTY\GROUP\BOARD COMMISSIONS\HISTORIC PRESERVATION\HISTORIC PRESERVATION-REDLINE- 2023.02.21.DOCXQ:\USERS\ENGLEWOOD\ORD\HISTORIC PRESERVATION-O050521.DOCX 16-6-11: Historic Preservation. A. Purpose. This Section establishes standards for the designation of historic areas districts and landmarks for the educational, cultural, and economic benefit of Englewood citizens. Due to various pressures that may result in the destruction, impairment, or alteration of historic resources that reflect elements of Englewood's cultural and architectural heritage, it will beis the policy and responsibilityintent of this Section to: 1. Preserve and protect buildings, structure, sites and areas that are reminders of past eras, events, and person(s) important in local, state or national history; which provide significant examples of architectural styles of the past; are landmarks in the history of architecture; which are unique or irreplaceable assets to the City and its neighborhoods; which provide for this and future generations examples of the physical surroundings in which past generations lived; or which are archaeologically significant. ; 2. Develop and maintain the appropriate environment for such buildings, structures, sites, and areas, reflecting varied architectural styles and distinguished phases of Englewood's history. ; 3. Promote the public health, safety, and welfare by encouraging the protection and preservation of architecturally significant or historic structures or districts. B. Application. Any property owner wishing to have a building, structure, or district designated as architecturally or historically significant shall file an application with the City, on a form supplied by the City. resources; and C. 4. Stabilize and improve property values by conserving historic properties. B. Procedures for Designating Historic Structures, Sites,Original Designation of Landmarks and Districts for Preservation. . 1. Nominations. Applications for A a nomination for designation as an a historic structure, site,property/landmark ("Landmark") or historic properties/district ("District") may be made by the Commission or citizen filingby an application withindividual property owner. A nomination may be madefollowing: a. By tThe owner(s) of the property (collectively, "Owner"); b. By aA member of the Historic Preservation Commission, or. The fee charged; c. By aA member of the City Council; or. d. By a non-Owner of the property or properties to be designated, in which case the applicant must be a resident or Owner of property in the City, or have a place of business in the City. Where nominated by someone other than the Owner or less than all of the Owners in a district nominated for designation, the City or at least one member of the Commission DRAFTPage 121 of 313 2 2/21/20236/28/20216/25/2021 S:\CITYATTY\GROUP\BOARD COMMISSIONS\HISTORIC PRESERVATION\HISTORIC PRESERVATION-REDLINE- 2023.02.21.DOCXQ:\USERS\ENGLEWOOD\ORD\HISTORIC PRESERVATION-O050521.DOCX shall, within 30 days of receipt of a nomination, contact the Owner in writing, outlining the reasons for and effects of a Landmark or District designation. ed. All Landmark nominations shall be accompanied by a written consent to the nomination from the owner(s) or owners of the property. In the case of a District nomination, a simple majority of the owners of propertyproperty owners within the proposed District shall provide written consent to the nomination. No nomination shall be considered by the Commission unless such written consent is provided along with the application. i. Within 30 days of receipt of a District nomination, the City shall provide written notice to all properties within a District nominated for designation with a copy of the nomination application, the effects of the District designation, and a provision advising property owners of the hearing procedures outlined in this Chapter. 2. Application. Applications shall be sufficient to cover the costs of publication, notice, recording costs, administrative costs, and other charges incurred in the course of processing the application.submitted to the CommissionCity on a form providedapproved by the Commission. The application fee shall be established by ordinance and maintained in the City's Rate and Fee Schedule.established and thereafter amended by resolution of the City Council. 3. Public Hearing a. Within 45 days after an application is determined complete or within a time frame agreed upon by the applicant and the City, a public hearing shall be held by the Commission. i. The Commission shall provide notice of the date, time, and location of the public hearing to the applicant, the owner or owners of record, the owners of adjacent properties and, if known, to other persons having a legal or equitable interest in the properties or district nominated for designation at least 10 days prior to the hearing. ii. A legal notice indicating the nature of the hearing, the property involved, and the time, date, and place of the scheduled public hearing, shall be published in the City’s publication of record at least 10 days prior to the hearing. iii. The notice shall be posted at the property’s physical location at least 10 days prior to the hearing. b. A hearing may be continued. If the hearing is continued, the time, date, and place of the continuation shall be established and announced to those present when the current session is to be adjourned. In no case can a hearing be continued for more than 30 days without the applicant’s express consent. c. Reasonable opportunity shall be provided for all interested parties to express their opinions regarding the proposed designation. 2. 3. 4. Historic Preservation Commission Review. a. Upon receipt of an application for nomination and designation as an historic Landmark or District, the Commission shall hold a public hearing to: a. The Commission shall schedule a public hearing on the application no more than thirty (30) days after the submission of the application. DRAFTPage 122 of 313 3 2/21/20236/28/20216/25/2021 S:\CITYATTY\GROUP\BOARD COMMISSIONS\HISTORIC PRESERVATION\HISTORIC PRESERVATION-REDLINE- 2023.02.21.DOCXQ:\USERS\ENGLEWOOD\ORD\HISTORIC PRESERVATION-O050521.DOCX b. a.b. The Commission shall review the application and evidence submitted at the public hearing for conformance with the established criteria for designation under Section E and with the purposes of thethis Section. .. c. b.c. The Commission shall recommend: approval, modification, and ; approval with conditions; or denial of the application. c.d. The Commission shall set forth in writing its findings of fact which constitute the basis of its recommendation. d.e. The Commission may recommend conditional approval upon the execution of certain easements, covenantscontinue the nomination process if the Commission finds that additional information is necessary to make a decision recommendation. If the hearing is continued, the time, date, and place of the continuation shall be established and announced to those present when the current session is to be adjourned. In no case can a hearing be continued for more than 30 days without the express consent of the applicant. f. The Commission shall forward its decisionrecommendation to the City Council for final review. 4. City Council Proceedings. a. Within 30 days after receipt of the Commission's recommendation, the City Council shall hold a public hearing on the application to consider adopting by ordinance those properties qualifying for designation. b. The City Council shall review the application for conformance with this ordinance. c. The City Council shall, by ordinance, approve, approve with conditions, or licenses. deny the application and shall issue written findings based on the Commission's recommendations. City Council shall adopt an Ordinance following the approval of an application designating a Landmark or District. d. The final determination will be made by Council. 3. Limitation on Resubmissiond. The City shall provide a copy of the decision of the City Council's final action to the Applicant and ReconsiderationOwner(s). e. The City Council's decision shall be final, subject only to judicial review in the Arapahoe County District Court. 4. Recording of Proposed Designation. Whenever the Commission Within 30 days of the effective date of an ordinance designating a Landmark or District, the City Clerk shall record the ordinance with the County Clerk and Recorder of Arapahoe County. 5. Records. The City shall maintain a current record of all Landmarks and Districts and pending designations. DRAFTPage 123 of 313 4 2/21/20236/28/20216/25/2021 S:\CITYATTY\GROUP\BOARD COMMISSIONS\HISTORIC PRESERVATION\HISTORIC PRESERVATION-REDLINE- 2023.02.21.DOCXQ:\USERS\ENGLEWOOD\ORD\HISTORIC PRESERVATION-O050521.DOCX 6. Resubmission. If the City Council denies a proposed designationan application, no person shall submit an application that isfor the same or substantially the same property for at least one (1) year from the effective date of the final action on the denied application. , unless the denial was based on a request for additional information. D. C. Amendment of Designation. A Landmark or District may be amended to add features or properties to such Landmark or District under the procedures prescribed abovein this Chapter. D. Revocation of Designation. 1. If a Landmark or District has been altered to a degree that it no longer retains its historic integrity, the Owner may apply to the Commission for a revocation of the designation or the Commission shall recommend revocation of the designation to the City Council in the absence of the Owner's application to do so. The revocation application shall be reviewed under the same procedures described abovein this Chapter. 2. Upon the Commission's recommendation to revoke a designation, the Commission shall promptly notify the Owners of the Landmark or District, and the City shall cause to be prepared an resolutionOrdinance including the legal description of the affected Landmark or District stating notice of the revocation, and schedule the resolutionOrdinance for City Council review. Upon adoption by the City Council, the resolutionOrdinance shall be recorded. The final determination will be made by Council, based on the recommendation of the Commission. E. Criteria. 1. All Buildings, Structures, or Districts. Properties. The Commission shall useapply the following criteria shall apply to determine whether a building, structure, or district has architectural or historic significance: a. Only buildings or structures which have been in existence for at least fifty (50) years, or districts in which the majority of structures have been in existence for at least fifty (50) years may be property should be designated; in addition: such building, structure or district must also meet one of the following criteria: as a Landmark: (1) A building, structure or a majority of structures within a district which has some connection to a. Whether the property is associated with events or personsthat are significant toin the history of the City of Englewood, Arapahoe County, the State of Colorado, or the United States; or (2) A building, structure or a group of structures within a district which embodies distinguishing characteristics of an architectural type inherently valuable for a study of a period, style, method of construction, or of indigenous materials or craftsmanship; or DRAFTPage 124 of 313 5 2/21/20236/28/20216/25/2021 S:\CITYATTY\GROUP\BOARD COMMISSIONS\HISTORIC PRESERVATION\HISTORIC PRESERVATION-REDLINE- 2023.02.21.DOCXQ:\USERS\ENGLEWOOD\ORD\HISTORIC PRESERVATION-O050521.DOCX (3) A building, structure or a group of structures within a district which exemplifies or reflects the broad cultural, political, economic or social history of the City of Englewood, Arapahoe County, the State of Colorado, or the United States; or. (4) Those buildings, structures or districts within the City that are listed in the National Register of Historic Places shall be construed as having local historic designation, and subject to the same provisions as any local historic building, structure or district. b. Whether the property is associated with persons significant in the history of Englewood. c. Whether the property has distinctive characteristics of a type, method of construction, architectural style, or period, or represents the work of a master builder or architect. d. Whether the property has yielded, or is likely to yield, important archaeological discoveries in prehistory or history. e. Whether the property is a visual feature or has visual features identifying an area or neighborhood or consists of structures historically and geographically associated with an area. f. The age of the property. Properties to be considered for Landmark designation are typically at least 50 years old. However, exceptions can be made for younger properties that have demonstrated historic significance when the above criteria are applied. g. The physical integrity of the property, including: location; design; setting; materials; workmanship; and association. h. Any property listed as a City or Arapahoe County Landmark or listed on the State or National Register of Historic Places. shall be deemed to qualify for local designation under this Title. 2. Districts. The Commission shall use the following additional criteria to shall apply to determine whether a district has architectural or historic significance: a. Significance is determined by applying the criteria of subsection 1, of this Section to the pattern(s) and unifying element(s). b. Nominations will not be approved unless Whether the application contains written approval from the owners of at least two-thirds ( 2/3 )50% of the properties within the districtproposed District boundaries. c. Propertiesb. Whether the District includes properties that do not contribute to the significance of the historic district may be included within the boundaries so long asDistrict, but the noncontributing elements do not noticeably detract from the district'sDistrict's sense of time, place, and historical development. Noncontributing, DRAFTPage 125 of 313 6 2/21/20236/28/20216/25/2021 S:\CITYATTY\GROUP\BOARD COMMISSIONS\HISTORIC PRESERVATION\HISTORIC PRESERVATION-REDLINE- 2023.02.21.DOCXQ:\USERS\ENGLEWOOD\ORD\HISTORIC PRESERVATION-O050521.DOCX evaluating the noncontributing elements will be evaluated for their magnitude of impact by considering their size, scale, design, location, and/or information potential. d. c. Whether the District boundaries will beare defined by visual changes, historical documentation of different associations or patterns of development, or evidence of changes in site type or site density as established through testing or survey. d. Any district designated as a Historic District by Englewood, Arapahoe County, or by the State or National Register of Historic Places shall be deemed to meet the City's minimum standards for designation. However, the City Council's actions as provided in 16-6-11(B)(4) will also consider the written and oral testimony of owners of the affected properties located within the District. . e. When districts are designated, applicable design guidelines and other appropriate restrictions may be included as part of the designation. f. The district could be exempt from the age standard if the other significant criteria are found exceptionally important. F. Alterations, Relocation, or Demolition of Landmarks and Districts. 1. Requirements. a. Before performing any construction, alteration, relocation or demolition involving the exterior of any Landmark or property within a District, the Owner must first submit the proposed work to the Commission and request a Certificate of Appropriateness. b. The City shall review any building or demolition permit application received to determine whether the property is a Landmark or located in a District and if so, whether a Certificate of Appropriateness has been issued and whether the proposed work conforms thereto. If so, the City shall process it without further action. If no Certificate of Appropriateness has been issued or if the City determines that the permit application does not conform to such, the City shall not issue a permit until a Certificate of Appropriateness has been issued and the permit application conforms thereto. 2. Application. a. An application for a Certificate of Appropriateness shall be submitted by the Owner to the City on a form providedapproved by the Commission. The application shall include relevant information, including without limitation: a description of the type of work proposed and its effect or impact upon the Landmark or District, and plans and specifications showing the proposed exterior appearance, with finishes, materials, samples of materials, and architectural design and detail. b. If the City determines the application is complete, the City shall promptly refer the application to the Commission. If the City determines the application is incomplete, the Applicant shall be advised of the reasons in writing within 30 days of submittal. DRAFTPage 126 of 313 7 2/21/20236/28/20216/25/2021 S:\CITYATTY\GROUP\BOARD COMMISSIONS\HISTORIC PRESERVATION\HISTORIC PRESERVATION-REDLINE- 2023.02.21.DOCXQ:\USERS\ENGLEWOOD\ORD\HISTORIC PRESERVATION-O050521.DOCX 3. Hearing. Within 45 days after an application is determined complete by the City, or within a time frame agreed upon by the Applicant and the City, the Commission shall hold a public hearing on the application. Such notice and hearing shall be conducted in conformance with the procedures set forth in Section 16-6-11-B3. 4. Review Criteria. a. The proposed alteration shall comply with any Design Guidelines adopted by the City and the Secretary of the Interior's Standards for the Treatment of Historic Properties. b. For Non-Contributing Properties within a District, the proposed alteration shall be: compatible with the property's current design, materials, features, size, scale and proportion, and massing; or compatible with the District's design, materials, features, size, scale and proportion, and massing. c. Infill Construction within Districts shall be differentiated from the Landmark, but shall be compatible with the historic materials, features, size, scale and proportion, and massing to protect the integrity of the District and its environment. 5. Commission Review. a. The Commission shall: approve the application,; approve the application with conditions;, or deny the application. b. The Commission shall set forth in writing its findings of fact which constitute the basis of its recommendation. If the Commission denies the application, the Commission shall notify the Applicant in writing. Such denial shall state the reasons for the denial and the procedures for appeal to the City Council. c. If the Commission approves or approves the application with conditions, the Commission shall issue a Certificate of Appropriateness. If approved with conditions, such conditions shall be stated in writing in the Certificate of Appropriateness. d. If an application for a Certificate of Appropriateness is denied, no person may submit a subsequent application for the same Alteration or Construction within one year from the date of the final action upon the earlier application. 6. Appeal of Denial of Certificate of Appropriateness. a. If a Certificate of Appropriateness is denied by the Commission, the Applicant may appeal the denial to the City Council by filing a written notice with the City Clerk within 15 days after receipt of the Commission's denial. b. Within 45 days after an appeal is received by the City Clerk, or within a time frame agreed upon by the Applicant and the City, a public hearing shall be held by the City Council. The public hearing shall conform to the procedures as set forth in 16-6- 11(B)(4).16-6-11-B3. DRAFTPage 127 of 313 8 2/21/20236/28/20216/25/2021 S:\CITYATTY\GROUP\BOARD COMMISSIONS\HISTORIC PRESERVATION\HISTORIC PRESERVATION-REDLINE- 2023.02.21.DOCXQ:\USERS\ENGLEWOOD\ORD\HISTORIC PRESERVATION-O050521.DOCX c. The City Council shall consider the notice of appeal, the Commission's reasons for denial of the application, the comments related thereto made during the Commission hearing, and any evidence (including new evidence) it deems relevant to the application. d. The decision of the City Council shall be final. G. Exemptions. 1. General. a. If an application for a Certificate of Appropriateness is denied, the Owner may request an exemption pursuant to this Section. b. The application shall be submitted to the City for consideration on a form provided by the Commission. The Applicant shall have the burden of proof to establish hardship. c. If the City determines the application is complete, the City shall promptly refer the application to the Commission. If the City determines the application is incomplete, the Applicant shall be advised of the reasons in writing within 30 days of submittal. d. Certificate of Appropriateness exemptions are granted only to the specific Owner and are not transferable. 2. Criteria for Economic Hardship Exemption. The following criteria shall be considered: a. The structural soundness of any buildings or structures on the Property and their potential for rehabilitation. b. The economic feasibility of rehabilitation or reuse of the existing property in the case of a proposed demolition. c. For investment or income-producing properties, the ability to obtain a reasonable rate of return on the property in its present condition, or in a rehabilitated condition pursuant to the requirements of this ordinance. d. For non-income producing properties consisting of owner-occupied single-family dwellings or non-income producing institutional properties not solely operating for profit, the ability to maintain or to convert the property to a reasonable residential or institutional use in its present condition or in a rehabilitated condition or the ability to transfer the property for a reasonable rate of return. e. The consideration for economic hardship shall not include any of the following: i. Willful or negligent acts by the Owner; ii. Purchase of the property for substantially more than its market value; DRAFTPage 128 of 313 9 2/21/20236/28/20216/25/2021 S:\CITYATTY\GROUP\BOARD COMMISSIONS\HISTORIC PRESERVATION\HISTORIC PRESERVATION-REDLINE- 2023.02.21.DOCXQ:\USERS\ENGLEWOOD\ORD\HISTORIC PRESERVATION-O050521.DOCX iii. Failure to perform normal maintenance and repairs; iv. Failure to diligently solicit and retain tenants; v. Failure to prescribe a rental amount which is reasonable; or vi. Failure to provide normal tenant improvements. 32. Safety/AccessbilityAccessibility Hardship. An Owner requesting an exemption based on a safety/accessibility hardship must show that the application of the criteria creates a situation that is substantially inadequate to meet the Applicant's needs because of specific safety or accessibility issues. 43. Decision. a. If the Commission deems the criteria of this Section are met, the Commission shall issue an order of exemption. b. If the Commission deems the criteria of this Section are not met, the Commission shall deny the exemption request, stating the reasons for the denial and the procedures for appeal to the City Council. 45. Appeal of Denial of Exemption. a. If an exemption is denied by the Commission, the Applicant may appeal the denial to the City Council by filing a written notice of appeal within 15 days of the date of the Commission's denial. b. The City Council shall hold a public hearing to consider the appeal, and consider any evidence (including new evidence) it deems relevant to the application. c. The City Council shall apply the criteria in this Section in making its decision. d. The decision of the City Council shall be final. DRAFTPage 129 of 313 1 2/21/2023 C:\USERS\NFENTON\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\63O7YZ8M\HISTORIC PRESERVATION-CLEAN COPY-2023.02.21.DOCX 16-6-11: Historic Preservation. A. Purpose. This Section establishes standards for the designation of historic districts and landmarks for the educational, cultural, and economic benefit of Englewood citizens. Due to various pressures that may result in the destruction, impairment, or alteration of historic resources that reflect elements of Englewood's cultural and architectural heritage, it is the intent of this Section to: 1. Preserve and protect buildings, structure, sites and areas that are reminders of past eras, events, and person(s) important in local, state or national history; which provide significant examples of architectural styles of the past; which are unique or irreplaceable assets to the City and its neighborhoods; which provide for this and future generations examples of the physical surroundings in which past generations lived; or which are archaeologically significant; 2. Develop and maintain the appropriate environment for such buildings, structures, sites, and areas, reflecting varied architectural styles and distinguished phases of Englewood's history; 3. Promote public health, safety, and welfare by encouraging the protection and preservation of historically significant resources; and 4. Stabilize and improve property values by conserving historic properties. B. Procedures for Original Designation of Landmarks and Districts. 1. Nominations. Applications for a nomination for designation as a historic property/landmark ("Landmark") or historic properties/district ("District") may be made by the following: a. The owner(s) of the property (collectively, "Owner"); b. A member of the Historic Preservation Commission, or; c. A member of the City Council. d. All Landmark nominations shall be accompanied by written consent to the nomination from the owner(s) of the property. In the case of a District nomination, a simple majority of property owners within the proposed District shall provide written consent to the nomination. No nomination shall be considered by the Commission unless such written consent is provided along with the application. i. Within 30 days of receipt of a District nomination, the City shall provide written notice to all properties within a District nominated for designation with a copy of the nomination application, the effects of the District designation, and a provision advising property owners of the hearing procedures outlined in this Chapter. DRAFTPage 130 of 313 2 2/21/2023 C:\USERS\NFENTON\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\63O7YZ8M\HISTORIC PRESERVATION-CLEAN COPY-2023.02.21.DOCX 2. Application. Applications shall be submitted to the City on a form approved by the Commission. The application fee shall be established by ordinance and maintained in the City's Rate and Fee Schedule.. 3. Public Hearing a. Within 45 days after an application is determined complete or within a time frame agreed upon by the applicant and the City, a public hearing shall be held by the Commission. i. The Commission shall provide notice of the date, time, and location of the public hearing to the applicant, the owner or owners of record, the owners of adjacent properties and, if known, to other persons having a legal or equitable interest in the properties or district nominated for designation at least 10 days prior to the hearing. ii. A legal notice indicating the nature of the hearing, the property involved, and the time, date, and place of the scheduled public hearing, shall be published in the City’s publication of record at least 10 days prior to the hearing. iii. The notice shall be posted at the property’s physical location at least 10 days prior to the hearing. b. A hearing may be continued. If the hearing is continued, the time, date, and place of the continuation shall be established and announced to those present when the current session is to be adjourned. In no case can a hearing be continued for more than 30 days without the applicant’s express consent. c. Reasonable opportunity shall be provided for all interested parties to express their opinions regarding the proposed designation. 4. Historic Preservation Commission Review. a. The Commission shall review the application and evidence submitted at the public hearing for conformance with the established criteria for designation under Section E and with the purposes of this Section. b. The Commission shall recommend approval, approval with conditions, or denial of the application. c. The Commission shall set forth in writing its findings of fact which constitute the basis of its recommendation. d. The Commission may continue the nomination process if the Commission finds that additional information is necessary to make a recommendation. If the hearing is continued, the time, date, and place of the continuation shall be established and announced to those present DRAFTPage 131 of 313 3 2/21/2023 C:\USERS\NFENTON\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\63O7YZ8M\HISTORIC PRESERVATION-CLEAN COPY-2023.02.21.DOCX when the current session is to be adjourned. In no case can a hearing be continued for more than 30 days without the express consent of the applicant. e The Commission shall forward its recommendation to the City Council for final review. 5. City Council Proceedings. a. Within 30 days after receipt of the Commission's recommendation, the City Council shall hold a public hearing on the application to consider adopting by ordinance those properties qualifying for designation. b. The City Council shall review the application for conformance with this ordinance. c. The City Council shall approve, approve with conditions or deny the application and shall issue written findings based on the Commission's recommendations. City Council shall adopt an Ordinance following the approval of an application designating a Landmark or District. d. The City shall provide a copy of the decision of the City Council's final action to the Applicant and Owner(s). e. The City Council's decision shall be final, subject only to judicial review in the Arapahoe County District Court. 6. Recording of Designation. Within 30 days of the effective date of an ordinance designating a Landmark or District, the City Clerk shall record the ordinance with the County Clerk and Recorder of Arapahoe County. 7. Records. The City shall maintain a current record of all Landmarks and Districts and pending designations. 8. Resubmission. If the City Council denies an application, no person shall submit an application for the same property for at least one year from the effective date of the final action on the denied application, unless the denial was based on a request for additional information. C. Amendment of Designation. A Landmark or District may be amended to add features or properties to such Landmark or District under the procedures prescribed in this Chapter. D. Revocation of Designation. 1. If a Landmark or District has been altered to a degree that it no longer retains its historic integrity, the Owner may apply to the Commission for a revocation of the designation or the Commission shall recommend revocation of the designation to the City Council in the absence of the Owner's application to do so. The revocation application shall be reviewed under the same procedures described in this Chapter. 2. Upon the Commission's recommendation to revoke a designation, the Commission shall promptly notify the Owners of the Landmark or District, and the City shall cause to be DRAFTPage 132 of 313 4 2/21/2023 C:\USERS\NFENTON\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\63O7YZ8M\HISTORIC PRESERVATION-CLEAN COPY-2023.02.21.DOCX prepared an Ordinance including the legal description of the affected Landmark or District stating notice of the revocation, and schedule the Ordinance for City Council review. Upon adoption by the City Council, the Ordinance shall be recorded. The final determination will be made by Council, based on the recommendation of the Commission. E. Criteria. 1. Properties. The following criteria shall apply to determine whether a property should be designated as a Landmark: a. Whether the property is associated with events that are significant in the history of the City, Arapahoe County, the State of Colorado, or the United States. b. Whether the property is associated with persons significant in the history of Englewood. c. Whether the property has distinctive characteristics of a type, method of construction, architectural style, or period, or represents the work of a master builder or architect. d. Whether the property has yielded, or is likely to yield, important archaeological discoveries in prehistory or history. e. Whether the property is a visual feature or has visual features identifying an area or neighborhood or consists of structures historically and geographically associated with an area. f. The age of the property. Properties to be considered for Landmark designation are typically at least 50 years old. However, exceptions can be made for younger properties that have demonstrated historic significance when the above criteria are applied. g. The physical integrity of the property, including: location; design; setting; materials; workmanship; and association. h. Any property listed as a City or Arapahoe County Landmark or listed on the State or National Register of Historic Places. 2. Districts. The following additional criteria shall apply to determine whether a district has architectural or historic significance: a. Whether the District includes properties that do not contribute to the significance of the District, but the noncontributing elements do not noticeably detract from the District's sense of time, place, and historical development, evaluating the noncontributing elements for their magnitude of impact by considering their size, scale, design, location, and information potential. b. Whether the District boundaries are defined by visual changes, historical documentation of different associations or patterns of development, or evidence of changes in site type or site density as established through testing or survey. DRAFTPage 133 of 313 5 2/21/2023 C:\USERS\NFENTON\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\63O7YZ8M\HISTORIC PRESERVATION-CLEAN COPY-2023.02.21.DOCX c. Any district designated as a Historic District by Englewood, Arapahoe County, or by the State or National Register of Historic Places. F. Alterations, Relocation, or Demolition of Landmarks and Districts. 1. Requirements. a. Before performing any construction, alteration, relocation or demolition involving the exterior of any Landmark or property within a District, the Owner must first submit the proposed work to the Commission and request a Certificate of Appropriateness b. The City shall review any building or demolition permit application received to determine whether the property is a Landmark or located in a District and if so, whether a Certificate of Appropriateness has been issued and whether the proposed work conforms thereto. If so, the City shall process it without further action. If no Certificate of Appropriateness has been issued or if the City determines that the permit application does not conform to such, the City shall not issue a permit until a Certificate of Appropriateness has been issued and the permit application conforms thereto. 2. Application. a. An application for a Certificate of Appropriateness shall be submitted by the Owner to the City on a form approved by the Commission. The application shall include relevant information, including without limitation: a description of the type of work proposed and its effect or impact upon the Landmark or District, and plans and specifications showing the proposed exterior appearance, with finishes, materials, samples of materials, and architectural design and detail. b. If the City determines the application is complete, the City shall promptly refer the application to the Commission. If the City determines the application is incomplete, the Applicant shall be advised of the reasons in writing within 30 days of submittal. 3. Hearing. Within 45 days after an application is determined complete by the City, or within a time frame agreed upon by the Applicant and the City, the Commission shall hold a public hearing on the application. Such notice and hearing shall be conducted in conformance with the procedures set forth in Section 16-6-11-B3. 4. Review Criteria. a. The proposed alteration shall comply with any Design Guidelines adopted by the City and the Secretary of the Interior's Standards for the Treatment of Historic Properties. b. For Non-Contributing Properties within a District, the proposed alteration shall be: compatible with the property's current design, materials, features, size, scale and proportion, and massing; or compatible with the District's design, materials, features, size, scale and proportion, and massing. DRAFTPage 134 of 313 6 2/21/2023 C:\USERS\NFENTON\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\63O7YZ8M\HISTORIC PRESERVATION-CLEAN COPY-2023.02.21.DOCX c. Infill Construction within Districts shall be differentiated from the Landmark, but shall be compatible with the historic materials, features, size, scale and proportion, and massing to protect the integrity of the District and its environment. 5. Commission Review. a. The Commission shall approve the application, approve the application with conditions, or deny the application. b. The Commission shall set forth in writing its findings of fact which constitute the basis of its recommendation. If the Commission denies the application, the Commission shall notify the Applicant in writing. Such denial shall state the reasons for the denial and the procedures for appeal to the City Council. c. If the Commission approves or approves the application with conditions, the Commission shall issue a Certificate of Appropriateness. If approved with conditions, such conditions shall be stated in writing in the Certificate of Appropriateness. d. If an application for a Certificate of Appropriateness is denied, no person may submit a subsequent application for the same Alteration or Construction within one year from the date of the final action upon the earlier application. 6. Appeal of Denial of Certificate of Appropriateness. a. If a Certificate of Appropriateness is denied by the Commission, the Applicant may appeal the denial to the City Council by filing a written notice with the City Clerk within 15 days after receipt of the Commission's denial. b. Within 45 days after an appeal is received by the City Clerk, or within a time frame agreed upon by the Applicant and the City, a public hearing shall be held by the City Council. The public hearing shall conform to the procedures as set forth in 16-6-11-B3. c. The City Council shall consider the notice of appeal, the Commission's reasons for denial of the application, the comments related thereto made during the Commission hearing, and any evidence (including new evidence) it deems relevant to the application. d. The decision of the City Council shall be final. G. Exemptions. 1. General. a. If an application for a Certificate of Appropriateness is denied, the Owner may request an exemption pursuant to this Section. b. The application shall be submitted to the City for consideration on a form provided by the Commission. The Applicant shall have the burden of proof to establish hardship. DRAFTPage 135 of 313 7 2/21/2023 C:\USERS\NFENTON\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\63O7YZ8M\HISTORIC PRESERVATION-CLEAN COPY-2023.02.21.DOCX c. If the City determines the application is complete, the City shall promptly refer the application to the Commission. If the City determines the application is incomplete, the Applicant shall be advised of the reasons in writing within 30 days of submittal. d. Certificate of Appropriateness exemptions are granted only to the specific Owner and are not transferable. 2. Criteria for Economic Hardship Exemption. The following criteria shall be considered: a. The structural soundness of any buildings or structures on the Property and their potential for rehabilitation. b. The economic feasibility of rehabilitation or reuse of the existing property in the case of a proposed demolition. c. For investment or income-producing properties, the ability to obtain a reasonable rate of return on the property in its present condition, or in a rehabilitated condition pursuant to the requirements of this ordinance. d. For non-income producing properties consisting of owner-occupied single-family dwellings or non-income producing institutional properties not solely operating for profit, the ability to maintain or to convert the property to a reasonable residential or institutional use in its present condition or in a rehabilitated condition or the ability to transfer the property for a reasonable rate of return. e. The consideration for economic hardship shall not include any of the following: i. Willful or negligent acts by the Owner; ii. Purchase of the property for substantially more than its market value; iii. Failure to perform normal maintenance and repairs; iv. Failure to diligently solicit and retain tenants; v. Failure to prescribe a rental amount which is reasonable; or vi. Failure to provide normal tenant improvements. 3. Safety/Accessibility Hardship. An Owner requesting an exemption based on a safety/accessibility hardship must show that the application of the criteria creates a situation that is substantially inadequate to meet the Applicant's needs because of specific safety or accessibility issues. 4. Decision. DRAFTPage 136 of 313 8 2/21/2023 C:\USERS\NFENTON\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\63O7YZ8M\HISTORIC PRESERVATION-CLEAN COPY-2023.02.21.DOCX a. If the Commission deems the criteria of this Section are met, the Commission shall issue an order of exemption. b. If the Commission deems the criteria of this Section are not met, the Commission shall deny the exemption request, stating the reasons for the denial and the procedures for appeal to the City Council. 5. Appeal of Denial of Exemption. a. If an exemption is denied by the Commission, the Applicant may appeal the denial to the City Council by filing a written notice of appeal within 15 days of the date of the Commission's denial. b. The City Council shall hold a public hearing to consider the appeal, and consider any evidence (including new evidence) it deems relevant to the application. c. The City Council shall apply the criteria in this Section in making its decision. d. The decision of the City Council shall be final. DRAFTPage 137 of 313 13 Definitions 16-3-1 DESCRIPTION OF USES Working Draft Title 16: Englewood Development Code December 2022 13-1 Chapter 13 Definitions 16-13-1 Description of Uses 16-13-2 Defined Terms 16-13-1 Description of Uses This section provides descriptions of uses of land and buildings associated with Table 16-4-2 Allowed Uses. It is organized by categories and types of uses. Categories are general groupings of uses with similar characteristics, and types based on common physical or operational characteristics, with some types including more specific types based on the scale or typical format. Where a proposed use is not generally listed or appears to meet the description of more than one use type, the Director shall make an interpretation on the most equivalent described use category and/or type, considering: 1. The similarity of the use in terms of scale, impact, and operations to other described uses; 2. The typical building format and site design associated with the use from existing examples; and 3. The potential contribution of the use, in its typical format and design, to the intent of the zoning district, and the ability to complement and be compatible with other permitted uses. Any uses that may not be interpreted as equivalent to a use in Table 164-2 is not anticipated by these regulations and may only be allowed by an amendment to the development code. A. Residential Uses 1. Household Living. Residential occupancy of a dwelling unit by a household, with tenancy arranged on a monthly or longer basis. Household living occurs in a variety of types based on the scale and format of buildings and arrangement of dwelling units.  One-unit Dwelling. A residential building designed for one primary dwelling unit. One- unit dwellings include variations based on the lot size.  Multi-unit Dwelling. A residential building designed for two or more principal dwelling units. Multi-unit dwellings include variations based on the building type and scale, including duplexes, multi-unit houses, row houses, or apartments.  Live / Work Dwelling. A combination of residential commercial activity located in a dwelling unit or sharing the same building as a dwelling sharing a common wall or with direct access between the residential and commercial elements, and where each is intended as a principal use.  Manufactured or Small Format Home Communities. A parcel of land planned and designed for multiple home sites for the placement of manufactured, mobile or other small homes, and used for the principal dwelling of households for long-term residency. These communities include internal common areas, circulation systems and accessory uses and facilities to support the community. Dwellings may either be located on home sites designated within a larger project or on single lots owned through appropriate condominium procedures or platted under certain conditions. 2. Group Living. Residential occupancy of a structure by a group of people that do not meet the definition of a household, with tenancy arranged on a monthly or longer basis. Group Commented [CB1]: May switch back to Chapter 12 if Telecommunications removed from development code and relocated to municipal code DRAFTPage 138 of 313 13 Definitions 16-3-1 DESCRIPTION OF USES Working Draft Title 16: Englewood Development Code December 2022 13-2 living structures typically have a common eating area for residents, and they may receive some level of care, training, or services associated with their residency. Group living occurs in a variety of types based on the scale and format of buildings, arrangement of dwelling units, and the degree or intensity of associated services.  Group Home- Small. The use of a residential building as a single primary dwelling which provides permanent residence, supervision, and other services for up to 8 unrelated persons with intellectual and developmental disabilities, behavioral or mental health disorders, who are over the age of 65 years old and need of special care due to physical conditions or infirmities. The group home includes up to 2 residential caregivers, and shall be licensed by, operated by, or owned by a governmental agency or non-profit qualified to provide care and supervision. Group homes shall not include interim care treatment or rehabilitation facilities, or other housing facilities serving as an alternative to incarceration.  Residential Care – Limited. A residential building or grouping or residential buildings where multiple dwellings are used as the permanent residence of individuals that require a limited level of assistance, medical care, therapy, or supervisions for daily living activities, or where shared social and recreational activities provide a common amenity for residents. Support services are accessory to the residential use and character of the buildings and area, and do not require 24-hour staffing, other than security. Typical examples include assisted living, co-housing, group homes larger than 8 individuals or that otherwise do not meet the criteria for Group Home - Small, and retirement communities.  Residential Care - General. A residential or institutional building, or group of buildings, designed to provide a primary or interim residence and health care for persons who require care on a fill-time basis. Meals, medical support, rehabilitative services, social and recreational activities are provided on site with facilities and professional staff. Typical examples include nursing homes, long-term care facility, treatment centers, continuing care facility, congregate care communities, or hospices.  Residential Care - Institutional. A residential or institutional building, or group of buildings, designed and operated to provide interim or temporary housing, twenty- four-hour care, and supervision for residents who are at risk or in need of special support services. Typical examples include halfway house, rehabilitative residence, protective housing, or shelters.  Boarding House – Limited (2 – 4 rooms). An owner-occupied one-unit dwelling with 2 to 4 guest rooms in addition the resident household, where non-household members may share the residency on a monthly or longer basis.  Boarding House – General (5+ rooms). A large residential building occupied by the owner or a resident manager, with 5 or more guest rooms where non-household members may share residency on a monthly or longer basis. The owner / resident manager and/or service staff may provide housekeeping or meals as an accessory service to the dwelling. Typical examples include larger co-housing complexes, larger boarding house, dormitories, and fraternity or sorority houses. B. Public / Institutional Uses – 1. Assembly. An institutional or civic use designed to serve the community for regular or periodic events, including worship, civic, social, recreation, or entertainment, and accessory uses associated with organized activities, including child care, concession DRAFTPage 139 of 313 13 Definitions 16-3-1 DESCRIPTION OF USES Working Draft Title 16: Englewood Development Code December 2022 13-3 services, education, and recreation events. They can be available to the public at large, by voluntary affiliation, or for private organizations limited by membership.  Assembly – Neighborhood (< 300 capacity and < 1 acre lot). A place of public assembly designed and located to serve immediately adjacent uses and nearby neighborhoods, or be accessory to other uses and typically designed for less than 300 people. All buildings and facilities are located on a lot of less than 1 acre. Examples include a small neighborhood association clubhouse or recreation center, common meeting rooms or meeting hall, or small religious facilities.  Assembly – Community (300-600 occupants or 1 to 5 acres). Places of public assembly designed and located to serve community or civic needs of a broad vicinity and typically designed for 300 – 600 people. All buildings and facilities fit on a lot or are arranged in a small campus of between 1 and 5 acres. Examples include a community/recreation center, small event hall or large religious facility.  Assembly – Hall / Auditorium (600+ occupants or 5+ acres). Places of public assembly designed and located to serve community or civic needs of the city or region and typically designed for more than 600 people. Buildings and facilities require large lots or campuses that are difficult to integrate into the surrounding block structure, are disruptive to connected development patterns, and require special siting and civic design considerations. Examples include an auditorium, large event hall, major worship hall or campus, or convention and conference center. 2. Civic & Institutional Buildings. The use of land and buildings to serve public or community interest through government or non-profit agencies through cultural, social, or education offerings, or for the administration operations of organizations providing these services.  Government and City. Facilities for the operation or services of local, State, or Federal government, except that when located in residential areas they are directly related to serving the needs of the immediate area and require proximity to the service area. Examples include post offices, emergency response facilities (police, fire, and medical), transportation services, and administrative or operational offices and structures associated with a public service  Library, public. A public facility for the use, but not sale, of literary, musical, artistic, or reference.  Museum, cultural. A building having public significance by reason of its architecture or former use or occupancy; or serving as a repository for a collection of nature, scientific, or literary curiosities, or objects of interest, or works of art, and accessory sales related to the subject matter or activities on the site (i.e. museum gift shop small scale sit-down restaurants or cafes.  School. Building or group of buildings designed to provide structured, seasonal or year-round education opportunities for the community. Schools are typically integrated into the surrounding context and development pattern as a civic amenity (whether single buildings or a campus), based on the scale of the facilities. Typical examples include elementary or secondary public or private schools, colleges and universities, or other special purpose or specific-need schools that have a course of study and education environment similar to that of public schools. DRAFTPage 140 of 313 13 Definitions 16-3-1 DESCRIPTION OF USES Working Draft Title 16: Englewood Development Code December 2022 13-4 3. Park and Open Space. Any parcel or area of land or water unimproved with any residential, commercial, or industrial uses and dedicated or reserved for public and/or private use and enjoyment, or public lands managed by a public entity for the conservation or stewardship of resources. Specific uses and purposes include agricultural, recreational, education, cultural, scenic or environmental purposes, and the land is characterized by open or natural landscape features.  Athletic Field. Land, often requiring equipment, owned by a unit of government and designed for outdoor games and sports such as lacrosse, baseball, football, and soccer.  Community garden. A private or public facility for cultivation of fruits, flowers, vegetables, or ornamental plants by more than one person or household.  Park, Trail or Civic Space. A public, common, or private open areas designed and used for both active or passive recreation. (See Section 16-3-2 for specific designs and types.) 4. Telecommunications. Facilities designed to transmit analog or digital voice or communications information between or among points using electromagnetic signals via antennas, microwave dishes, and similar structures. Supporting equipment includes buildings, shelters, cabinets, towers, electrical equipment, parking areas, and other accessory development. Specific types of facilities include:  Alternative Tower Structure. Any man-made trees, clock towers, bell steeples, light poles, water towers, and similar alternative design mounting structures that camouflage or conceal the presence of antennas or towers.  Antenna. Any transmitting and/or receiving device used in communications that radiates or captures electromagnetic waves, digital signals, analog signals, radio frequencies, wireless telecommunications signals, or other communications signals. "Antenna" includes whip antenna, microwave antenna, and sectorized panel antenna.  Tower Structure. Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guy towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers, alternative tower structures, and the like. 5. Utility. A service use owned by a governmental entity or any entity defined as a public utility for any purpose by the state public utilities commission, and used in connection with the distribution, collection, or transmission of energy, water, sanitary sewerage, communication, or municipal services on a local level. All utilities may be further limited by site design and landscape standards of this code, or more specifically regulated and permitted by licensing agencies, franchise agreements, or specific conditions and design requirements of any easement authorizing the location of facilities. For the purposes of the development code, utility facilities are further classified as follows.  Minor Utility Facility. Small-scale facilities that provide utilities necessary to support development either within a specific sub-area of the city or the immediate vicinity of the facility. This use typically involves the construction or installation of only minor structures. Employees typically are not located at the site. Examples include electric transformer stations; gas regulator stations; telephone exchange buildings; well, water, and sewer pumping stations, power lines; storm drainage facilities; pump stations and hydrants; switching boxes; and other structures to serve adjacent DRAFTPage 141 of 313 13 Definitions 16-3-1 DESCRIPTION OF USES Working Draft Title 16: Englewood Development Code December 2022 13-5 properties. A minor utility facility may be either a principal or accessory use of land, but does not include accessory facilities serving the customary needs of uses, buildings, and land in the zoning district through required improvements in easements, rights-of-way, or private service lines  Major Utility Facility. Large-scale facilities typically serving utilities to the region, the entire city, or a significant sub-area of the city, which normally entails the construction of new buildings or structures, and that often have employees at the site. Major utility facilities have potential major impacts on an area or city by virtue of their appearance, noise, size, traffic generation, externalities, or other operational characteristics. Examples include water works, reservoirs, power or heating plants, energy/power transmission lines, power generating plants, and sewage or wastewater treatment plant. C. Commercial Uses 1. Adult Use . Principal or accessor uses for sale, rental, display or other offering of live entertainment, dancing or material which is distinguished or characterized by its emphasis on depicting, exhibiting, describing or relating to "specified sexual activities" or "specified anatomical areas" as the primary attraction to the premises. Types of adult uses include:  Adult Arcade. An establishment where, for any form of consideration, one or more motion picture projectors, slide projectors or similar machines, for viewing by 5 or fewer persons each, are used to show films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by an emphasis upon the depiction or description of "specified sexual activities" or "specified anatomical areas".  Adult Bookstore. A place where books, magazines, motion pictures, videos, prints, photographs, periodicals, recordings, novelties and devices, or any of these things, which have as their primary or dominant theme, matter depicting, illustrating, describing or relating to specified sexual activities, are sold, rented or offered for sale to adults.  Adult Cabaret. A nightclub, bar, restaurant, or similar establishment which regularly features live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities," or films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by an emphasis upon the depiction or description of "specified sexual activities" or "specified anatomical areas".  Adult Dancing Establishment. A business that features dancers displaying or exposing "specified anatomical areas".  Adult Entertainment or Service Facility. An adult bookstore, adult motion picture booth, adult motion picture theater, adult dancing establishment, adult cabaret, or adult arcade.  Adult Motion Picture Booth. An enclosed area within an adult motion picture theater designed or used for the viewing by one or two persons of motion pictures which have as their primary or dominant theme, matters depicting, illustrating or relating to "specified sexual activities". DRAFTPage 142 of 313 13 Definitions 16-3-1 DESCRIPTION OF USES Working Draft Title 16: Englewood Development Code December 2022 13-6  Adult Motion Picture Theater. An enclosed building, or a portion or part of an enclosed building, or an open-air theater designed to permit viewing by patrons seated in automobiles, used for presenting on a regular basis, film material which has as its primary or dominant theme, matters depicting, illustrating or relating to "specified sexual activities" for observation by adult patrons thereof, and includes any hotel or motel, boarding house, rooming house, or other lodging for transient customers. 2. Animal Care / Sales. Commercial service and retail uses that provide the sale, care, or boarding for domesticated animals that is further refined by the scale and intensity of the operations, as follows:  Animal Care - Limited (< 2K, no boarding). A small office or shop providing animal care or sales. The use involves less than 2,000 square feet of commercial area, and all activities occur indoors (except routine daily pet care), Examples include a veterinary office, small pet store, or small pet grooming or training,  Animal Care – Small (2K – 10K or limited boardings). An office or store providing animal care or sales, and where any overnight boarding is limited to that necessary for medical care or observation. The use involves less than 10,000 square feet of commercial space and limited outdoor activity areas necessary to accommodate the care animals. Examples include a veterinary clinic, large pet store, or large pet grooming or training.  Animal Care – General (>10K or boarding). A large office or store providing animal care or sales, or any use offering routine daily care for animals, whether less than 24 hours or overnight boarding. The use involves more than 10,000 square feet of commercial space, or all scales of daily animal care with indoor or outdoor space where multiple animals are cared for on a daily basis. Examples include a large pet store, large grooming or training facility, animal hospital, or any animal day care, kennel, or boarding service.  Animal Shelter. A facility used to house or contain stray, homeless, abandoned, or unwanted animals that may be owned, operated, or maintained by a for-profit or non- profit enterprise. 3. Entertainment & Recreation. Commercial service uses engaged in the business of providing daily or regularly scheduled activities for entertainment, leisure, training and instruction, or recreation, offered to the to the public at large, through individual membership, or through group arrangements. This use type is further refined by the scale, format and intensity as follows:  Entertainment & Recreation – Indoor / Limited (< 10K). An indoor entertainment and recreation use that involves a building less than 10,000 square feet. Examples include a small bowling alley, billiard hall, a small theater, or dance or yoga studio.  Entertainment & Recreation - Indoor / General (10K - 20K). An indoor entertainment and recreation use that involves a building that is between 10,000 and 20,000 square feet or more. Examples include a small sports and recreation center, larger arcade or game center, or a moderate sized theater complex,  Entertainment & Recreation - Indoor / Large (20K+ ). An indoor entertainment and use that involves a building that is 20,000 square feet or more. Examples include a large bowling alley, a sports and recreation center, a large theater or theater complex, or skating rink DRAFTPage 143 of 313 13 Definitions 16-3-1 DESCRIPTION OF USES Working Draft Title 16: Englewood Development Code December 2022 13-7  Recreation/Entertainment – Outdoor, Any outdoor entertainment and recreation use, where a commercial business offers the grounds use of patrons. Examples include racquet club, miniature golf, driving range, golf course, batting cages, sports and athletic complex, or band shell or amphitheater. 4. Food & Beverage Service. A specific service and retail use engaged in the business of serving prepared food and/or beverages to the public for immediate consumption. The serving of alcoholic beverages is accessory to this use but may be further regulated by business and liquor licenses. Whether the use includes drive-through facilities is regulated by the accessory use provisions and site design standards for the district and street. Food & Beverage Service are further refined by scale, format and intensity based on the following:  Restaurant – Limited (< 2K). A small-scale restaurant under 2,000 square feet of commercial area, located in a small or mixed-use building or sometimes associated with other uses, such as a cafe, lunch counter, walk-up window or similar small retail sales food outlet.  Restaurant – General (2K +). A moderate- or large-scale restaurant with 2,000 square feet or more of commercial area, and typically includes separate kitchen dining facility, a accessory bar and entertainment areas and accessory craft manufacturing or packaged retail sales of food and beverages.  Restaurant – Take-out / Delivery Only. A restaurant without patron seating or a dining area, and where any on-site consumption is primarily geared to walk-up or drive-up business, or where the service is geared only to carry-out or delivery of food and beverages to be consumed off-site.  Brew Pub. A retail establishment that manufactures not more than 74,000 gallons / 2,400 barrels of malt liquor or fermented malt beverages on its licensed premises, each calendar year.  Caterer. A service consisting of preparation and delivery of food and beverages for off-site consumption, without provision for on-site pickup or consumption. 5. Lodging. Commercial uses providing accommodations for temporary overnight occupancy on a less than monthly basis, and accessory uses associated with typical guest services such as food service, recreation or similar accommodations to support overnight-guests. Lodging is refined to the following scales based on building type, format, and intensity of use:  Bed and Breakfast (up to 5 rooms). A small residential building used for commercial short-term lodging with shared living space between the operator as the primary occupant and the patrons. The use includes no more than 5 bedrooms or 8 guests, and where meals may be offered to for overnight guests for compensation.  Hotel. A commercial building containing guest rooms used for commercial short-term lodging, and where no provision is made for cooking in any guest room.  Hotel, Extended Stay. A specific type of visitor accommodation use. A commercial building containing guest rooms used for commercial short-term lodging, in which access to guest rooms is primarily through lobbies, courts or halls, and where provisions may be made for cooking in guest rooms. DRAFTPage 144 of 313 13 Definitions 16-3-1 DESCRIPTION OF USES Working Draft Title 16: Englewood Development Code December 2022 13-8 6. Marijuana Uses. Uses involved in the production, distribution, prescription, or sale of cannabis for treatment of medical conditions as defined in the Colorado Constitution Article XVIII, Section 14.  Medical Marijuana Center. A person licensed pursuant to Article 11-104 of Title 44 C.R.S. to operate a business as described in Article 11 of Title 44 C.R.S. that sells Medical Marijuana to registered patients or Primary Care-Givers as defined in Section 14 of Article XVIII of the State Constitution, but is not a Primary Care-Giver.  Medical Marijuana Optional Premises Cultivation. A person licensed pursuant to Article 11 of Title 44 C.R.S. to operate a business as described in Article 11 of Title 44 C.R.S.  Medical Marijuana Infused Products Manufacturer. A person licensed pursuant to Article 11 of title 44 C.R.S. to operate a business as described in Article 11 of Title 44 C.R.S. 7. Medical Service. Commercial services uses providing medical, dental, or physical health or wellness care to the public. This use type is further categorized by the following formats:  Medical Service – Limited (< 10K). A medical care use offering routine outpatient services, that occupies less than 10,000 square feet of diagnostic or treatment area, includes no surgical or in-patient facilities, and operates in normal business hours. Examples include a small doctor or dentist office, eye-care center, or urgent care center that is accessory to a larger retail or pharmacy use.  Medical Service– General (10K – 30K). A medical care use offering routine outpatient services, or provides diagnostic testing, laboratory services, and limited custom fabrication of medical supplies. The use occupies between 10,000 and 30,000 square feet for research, diagnostic, or treatment areas, includes no inpatient facilities, and operates in normal business hours. Examples include a larger doctor or dentist group practice, small clinic or analytical lab, or small outpatient urgent care or surgical center.  Medical Care – Large (> 30K). A medical care use offering a full range of services, that occupies more than 30,000 square feet for diagnostic or treatment areas, and may include emergency care, surgical services, or other inpatient treatment. The use may include accessory retail, food service, pharmacy or wellness/fitness uses,. Examples include hospital, large clinic or analytical labs, regional medical campus or centers. 8. Office. Commercial uses focused on employment and engaged in the administrative, technical, or management aspects of business or professional services that typically do not have frequent or unscheduled on premise interaction with the public or clients. Examples include accountants, lawyers, architects, engineers, insurance, or other professional or administrative services. Office uses are further refined by the scale and format of buildings based on the following:  Office – Limited(< 10K or < 33% of mixed-use projects). An office use less than 10,000 square feet of commercial area, within a small building or occupying a portion of a mixed-use building or site with a floor area of all non-residential uses is less than 33% of other uses in the building or on the site. DRAFTPage 145 of 313 13 Definitions 16-3-1 DESCRIPTION OF USES Working Draft Title 16: Englewood Development Code December 2022 13-9  Office – General (10K – 30K). An office use between 10,001 and 30,000 square feet of commercial area, typically within one moderate-sized building.  Office – Large. (> 30K). An office use with more than 30,000 square feet, typically within one large building or involving more than one building in a campus pattern. 9. Personal Service. Commercial uses engaged in the business of providing personal or instructional services to the public that may include frequent or unscheduled interaction with clients or customers on-premises. Examples include a barbershop or beauty saloon, travel agency, fitness services, tailor, repair of household goods, print shop, delivery outlets, bank, or personal financial services. Personal service uses are further refined by scale, intensity and format based on the following:  Personal Service – Limited (< 2K or < 33% of mixed-use projects). An personal service use less than 2,000 square feet of commercial area, within a small building or occupying a portion of a mixed-use building or site where all nonresidential uses have floor area less than 33% of other uses in the building or on the site.  Personal Service– Small (2K – 10K). A personal service use between 2,001 and 10,000 square feet of commercial area, located in a small building.  Personal Service – General (10K – 20K). An office use between 10,001 and 20,000 square feet of commercial area, typically within one moderate-sized building or part of a large mixed-use building.  Personal Service – Large (> 20K). A service use more than 20,000 square feet, typically in a large-freestanding building or part of a large mixed-use project 10. Personal Service – Other. Personal service uses that either due to typical formats or due to the nature or scale of the operation, warrant locations or design considerations different than general personal service uses. Use types include:  Crematorium. A service establishment containing properly installed, certified apparatus intended for, or used for, the act of cremation.  Mortuary. A building used for the preparation of the deceased for burial and the display of the deceased, and ceremonies connected therewith before burial or cremation.  Tattoo & Body Piercing. Any corporation, company, partnership, or individual that offers or performs tattooing or body piercing for any fee, charge, or remuneration of any kind. For the purposes of this Title, this does not include establishments performing ear piercing as an incidental service to the permitted principal use.  Temporary Employment Business. Any person, firm, partnership, association or corporation that maintains a central location where day laborers assemble and are dispatched to work for a third-party user.  Check cashing Facility. An establishment that for compensation engages in the business of cashing checks, warrants, drafts, money orders, or other commercial paper serving the same purpose. This classification does not include a state or Federally chartered bank, savings association, credit union, or industrial loan company. Further, this classification does not include establishments selling consumer goods, including consumables, where the cashing of checks or money orders is incidental to the main purpose of the business. DRAFTPage 146 of 313 13 Definitions 16-3-1 DESCRIPTION OF USES Working Draft Title 16: Englewood Development Code December 2022 13-10  Studio (Radio / TV Recording, Film). A facility for broadcasting live or pre-recorded programs by radio and/or television; and/or recording on records, tapes, videotapes, or other suitable recording media. Such facility may perform activities necessary for recording programming and receiving of radio and/or television signals. Such facility shall not engage in production of consumer products.  Dependent Care. A principal commercial use that provides care, protection, and supervision for children or adults on a regular basis away from their primary residence for less than 24 hours per day, excluding schools, in home care,service operated accessory to an employment use, or other principal use. 11. Retail. Commercial uses primarily engaged in the sale, lease, or rental of products to the general public with frequent interaction of patrons or consumers on premises. Retail uses are further refined by scale, intensity and format based on the following types:  Retail – Limited (< 2K or 33% of mixed-use buildings / projects). A small-scale retail use with under 2,000 square feet of commercial area, or a building where all nonresidential uses have floor area less than 33% of other uses in the building or on the site.  Retail – Small (2K - 10K). A retail use with at least 2,000 but less than 10,000 square feet of commercial area, typically located in a small building or a multi-tenant, mixed-use building.  Retail – General (10K - 20K). A moderate-scale retail use at least 10,000 but less than 20,000 square feet of commercial area, typically located in a moderate free- standing building or a large multi-tenant or mixed-use building.  Retail – Large (> 20K). A large-scale retail use with at least 20,000 square feet of commercial area. in a large-freestanding or part of a part of a large mixed-use project. 12. Retail – Grocery Store. A specific retail use selling food, produce, and household products for general household consumption, including a significant portion of inventory in fresh produce, baked goods, meats, or seafood. Accessory sales of prepared food for on-stie consumption is limited to no more than 20% of the transactions. These uses often serve as a key anchor for neighborhood and community centers which justifies slightly larger scale than other general retail uses, provided they can still fit into the block structure, development pattern, and public-realm framework of the are. To accommodate this, Retail Grocery Store is further refined by scale and format as follows:  Grocery – Market (< 20K). A small grocery offering limited selection of products or specialty foods or produce in a small-scale format under 20,000 square feet. Examples include a corner store, butcher shop, produce market, or urban-format groceries.  Grocery – Small (20K – 50K). A mid-sized grocery offering a range of food and household products, and limited accessory services in a mid-sized building format, at least 20,000 square feet but less than 50,000 square feet. Examples include a neighborhood market or traditional-scale full-service grocery stores.  Grocery – General (> 50K). A large grocery store offering a wide range of food and household products and associated accessory services in a large-scale format. Examples include a large-format grocery or supermarket, or a similar function housed within a larger warehouse retail store. DRAFTPage 147 of 313 13 Definitions 16-3-1 DESCRIPTION OF USES Working Draft Title 16: Englewood Development Code December 2022 13-11 13. Retail & Sales- Other. Retail and sales uses that warrant location or design considerations different than general retail and sales uses either due to typical formats or due to the nature or scale of the operation. Use types include:  Retail – Outdoor & Equipment Sales. A specific retail use where the primary business is associated with merchandise that typically must be displayed outside and on a year-round basis. Examples include a garden center, a lumber yard, or a small machine or equipment sales.  Auction House. Any establishment in which is carried on the business of auctioning articles for sale by public outcry and where such items offered for auction are sold immediately to the highest bidder.  Internet Sales Location. A specific type of retail sales and service use. A retail establishment acting as a sales broker that accepts new or used goods for sale on an internet auction site. The establishment may be open to the general public for viewing and sale of items. Storage is limited to those items accepted for sale.  Pawnbroker. An establishment regularly engaged in the business of making contracts for purchase or purchase transactions in the course of business.  Greenhouse / Nursery. An establishment where flowers, shrubs, vegetables, trees, and other horticultural and floricultural products are grown both in open and enclosed buildings for either retail sale or wholesale distribution. 15. Vehicle & Equipment Uses. Commercial uses that include the sale, rental, or maintenance of motor vehicles or similar large-scale equipment which have a scale or format oriented to the vehicles and large equipment, typically including large parking areas, and outdoor storage or circulation of vehicles and equipment. Use types include:  Automobile Gas & Service Station. . A commercial use designed to supply motor vehicles with gasoline or other fuel source, oils, greases, and other minor replacement parts, or engaged in the limited repair, maintenance, inspection, or diagnostic of passenger vehicles, excluding body work or salvage restoration.  Automobile Mechanic, Repair – Limited. A commercial use engaged in the repair and maintenance of automobiles, motorcycles, trucks, trailers, or similar vehicles, not including body or fender work.  Automobile Mechanic, Repair - Body Shop. A commercial use designed for service, repair, and restoration of vehicles, including major repairs and body work.  Automobile Pawn Broker. A person regularly engaged in the business of making contracts for automobile purchase or automobile purchase transactions in the course of business.  Automobile, RV, Boat, or Equipment Sales / Rental. A commercial use designed for the display, sale, leasing, or rental of new or used motor vehicles, recreational vehicles, boats, or similar large equipment. Any repair or service work is accessory to the sale, leasing or rental of operable vehicles and equipment.  Car Wash and Automobile Detailing. A commercial service use that washes, cleans, or refurbishes motor vehicles, whether through self-service, mechanical service, or DRAFTPage 148 of 313 13 Definitions 16-3-1 DESCRIPTION OF USES Working Draft Title 16: Englewood Development Code December 2022 13-12 personal service, and whether as a principal use or an accessory use to another commercial use.  Commercial / Public Parking (Surface or Structure). A commercial use using any building, structure, or area of land primarily for the temporary storage or parking of vehicles. D. Manufacturing / Industrial Uses 1. Wholesale – Sales & Distribution. An establishment primarily engaged in the sale or distribution of goods and materials in large quantity to retailers or other businesses for resale to individual or business customers, or the sale, storage, and delivery of large items directly to customers from distribution centers. 2. Industrial Services. A business engaged in service to other businesses and industries, or engaged in services to the general public but where industrial equipment or processes are necessary for service, or where services are dispatched from a central location for storage of vehicles, equipment, or merchandise. Examples include plumbing, exterminators, HVAC repair, utility contractors, janitorial services, commercial laundry services, or other similar business.  Contractors Office or Fleet Services. A small, centralized location for industrial service uses, where administrative offices, dispatch services, and limited on-site storage of equipment and fleet vehicles can occur during non-business hours.  Industrial Services – Light. A small-scale or low-impact industrial service use with limited outdoor storage needs, where surface parking, vehicle storage, and general storage needs are similar to other industrial or commercial uses, and where areas dedicated to storage of equipment and vehicles during non-business hours can occur indoors, or in well-screened areas.  Industrial Services – General (10 – 25 vehicle fleet). An industrial service use where outdoor storage or warehouse storage is necessary, or with a vehicle fleet is between 11 and 25 vehicles,  Industrial Services – Heavy. A large-scale industrial service use which may produce a higher degree of adverse impacts (e.g. noise, glare, dust, odor, or vibrations), or which may need substantial outdoor storage, large warehouses, or significant parking and storage for vehicles or equipment.  Vehicle / Fleet Maintenance Facility. An industrial service use that provides mechanical and repair services to commercial vehicles, large equipment, or other similar services, whether the service is offered to other business with large vehicles and equipment or whether it is accessory to the business maintaining its own fleet and equipment. 3. Manufacturing. A use engaged processing, fabrication, packaging, or assembly of goods, from raw materials or partially competed secondary materials. Products may be finished or semi-finished, and are typically stored and shipped to other areas for distribution to businesses, consumers or retail outlets, although limited accessory sales, display, or customer service areas may be provided.  Manufacturing – Limited / Artisan. A small-scale manufacturing use producing primarily finished products with limited need for storage of materials or finished products. The use produces no negative byproducts such as smoke, odor, dust or DRAFTPage 149 of 313 13 Definitions 16-3-1 DESCRIPTION OF USES Working Draft Title 16: Englewood Development Code December 2022 13-13 noise discernable from outside of the building, and deliveries and distribution are made by general consumer delivery services requiring no special large truck access. Products or services are often made available to the public on premises generating customer activity. Examples include artists’ studios, small bakery, or small wood or metal shops.  Brewery, Distillery, or Winery. Any establishment, licensed by the appropriate State and Federal authorities, where malt liquors, fermented malt beverages, spiritous liquors, and vinous liquors are manufactured, or as this definition may be modified by C.R.S. 12-47-103. This definition excludes brew pubs as defined by this code and Vintner's Restaurant licensed pursuant to 12-47-420 C.R.S., which generally applies to licensed restaurants that manufacture less than 250,000 gallons of ine on premises annually.  Manufacturing – Light. A manufacturing use that produces little or no byproducts such as smoke, odor, dust, or noise discernable from beyond the property; limited outside storage may be necessary, and distribution and delivery or distribution needs require occasional large truck access. Examples include research labs or facilities, small equipment or commodity assembly, non-retail laundry services, commercial bakery, or food and beverage processing.  Manufacturing – Heavy. An industrial use manufacturing from previously prepared materials or some raw materials into other materials or finished products. The activities may produce byproducts such as noise, dust, smoke, or odor, but are mitigated to limit impacts beyond the property boundary. Outside storage and activities may be necessary, and distribution and delivery needs involve frequent or large truck access. Examples include large-scale manufacturing or fabrication plants, large equipment assembly, metal fabrication plants, chemical laboratories or other similar high-intensity manufacturing or distribution operations. 4. Warehousing / Storage. An industrial or commercial use involved in the temporary keeping of goods and products for interim or long-term periods or for distribution to other businesses and industries, including any logistic services related to this business such as labeling, bulk packaging, inventory control, or light assembling. This use may support their own business, be offered as a service to other businesses in the chain of production, or provide a service to the public at-large for storage of personal or household items.  Fuel Storage. Storage of fuels as a principal use of land in above ground or below ground storage containers designed for wholesale distribution or mass consumption.  Indoor Storage. A warehousing / storage use where all activities occur indoors except for the limited loading and unloading of inventory at discrete loading docks. Examples include indoor self-storage, warehouses and distribution centers, and long- term garages  Outdoor Storage. A warehousing / storage use access to storage areas or actual storage of materials may occur outdoors. Examples include boat or RV storage, towing service storage yard, or similar industrial supply storage yards. 5. Waste / Salvage. A use that receives solid or liquid wastes for disposal on site, or for storage and processing for further distribution of disposed items. Specific use types include: DRAFTPage 150 of 313 13 Definitions 16-3-1 DESCRIPTION OF USES Working Draft Title 16: Englewood Development Code December 2022 13-14  Automobile Wrecking / Salvage Yard. A business engaged in wrecking and dismantling, storage, sale, or dumping of dismantled, obsolete, or wrecked vehicles.  Commercial Incinerator. An engineered apparatus used to burn waste substances and in which all the combustion factors, temperature, retention time, turbulence and combustion air, can be controlled.  Hazardous Waste Handling. A facility where the principal use is to collect, store, or processes waste that is ignitable (combustible or flammable), corrosive, reactive (explosive), or toxic and requires special handling to avoid illness or injury to persons or damage to property or the environment, or any other manufacturing or industrial use where the process or byproducts could produce these hazards and otherwise needs to be contained and treated to protect the general public health and safety.  Recycling Operation, Enclosed or Unenclosed. A facility that collects, stores, process and distributed waste materials that can be treaded and returned to a condition in which they may again be used for production or consumption. Recycling operations may be “enclosed” where all activities other than remote and discrete loading areas are indoors, or they may be unenclosed, where a portion of the collection, storage, or processing occurs outside.  Sanitary Service. Any property used for permanent disposal by abandonment, discarding, dumping, reduction, burial, incineration, or any other means and for whatever purpose, of garbage, trash, refuse, waste material of any kind, junk, discarded machinery, or vehicles or parts thereof.  Waste Transfer Station. A facility or structure where trash is collected, including appropriate structures and mechanical equipment for the collection, compaction, and/or loading of trash. 16-13-2 Defined Terms All terms used in this code shall have their plain and commonly accepted meaning, based upon the context of their use in the code. The following terms shall have the meaning given below, and may be more specifically described, limited, or qualified within the standards of this code. Some Chapters may have specific definitions where the terms have a particular or technical meaning specific to the interpretation of that chapter. [This is a list of remaining “non-use” definitions from the current code. Many are not used in the current code, or are only used in other definitions or descriptions of uses. Others are restatements of standards from other sections, that do not necessarily define or clarify the term or usage. Merge and purge this list, and eliminate any terms not used in the final draft. Plus update with new terms from final draft that need a definition.] Abandonment: The relinquishment of property or a cessation of the use of the property with the intention neither of transferring rights to the property to another person(s) nor of resuming the use of the property or the use. Abut and/or Adjoin: To physically touch or border upon or to share a common property line. Acceleration Lane: An added roadway lane that permits integration and merging of slower moving vehicles into the main vehicular stream. Access: A way or means of approach to provide physical entrance to a property. DRAFTPage 151 of 313 13 Definitions 16-3-1 DESCRIPTION OF USES Working Draft Title 16: Englewood Development Code December 2022 13-15 Access Road, Manufactured Home Park: That area privately owned and maintained and set aside within a manufactured home park for an interior road system, providing principal means of ingress to individual manufactured home spaces and egress to a street. Accessory Structure: A detached, subordinate structure, the use of which is clearly incidental and related to that of the principal structure or use of the land, and which is located on the same lot as that of the principal structure or use. Accessory Use: A subordinate use, clearly incidental and related to the principal structure, building or use of land, and, unless otherwise allowed by this Title, located on the same lot as that of the principal structure, building, or use. Adjacent/Adjoining Lot or Land: A lot or parcel of land that shares all or part of a common lot line with another lot or parcel of land. Adjacent Property: Property that has a common boundary line with, or that is separated from a parcel proposed for development by public right-of-way. Adverse Impact or Effect: Any of the following: (A) A condition that creates, imposes, aggravates, or leads to inadequate, impractical, unsafe, or unhealthy conditions on a site proposed for development or on off-site property or facilities. (B) A condition that creates, imposes, or leads to a nuisance on a site proposed for development or on off-site property or facilities. (C) A condition that creates, imposes, aggravates, or leads to a negative aesthetic condition on a site proposed for development or on off-site property or facilities. For example, a proposed building that blocks a scenic view corridor or a commercial building whose height and mass is out of scale and proportion with adjacent residential buildings. Alley: A public way less in size than a street, not designed for general travel, which is used primarily as a means of access to the rear of residences and business establishments, abutting upon it, and which affords a secondary means of access. Alteration, Structural: An alteration of a building or structure which alteration affects some portion of the building or structure in a vital and substantial manner and changes its characteristic appearance; the term denotes change or substitution in a substantial particular. Amendment: Any addition, deletion, or revision of the text of this Title or any addition, deletion, or revision of the Official Zoning Map adopted after public hearings. Annexation: The incorporation of a land area into the City of Englewood with a resulting change in the city boundaries. Annual: A plant that completes its lifecycle in one (1) growing season. Appeal: A request for review by a higher authority of the final decision made by the decision-making body on an application for development. Appeal, Administrative: An appeal where it is alleged by the appellant that there is error in any order, requirement, decision, or refusal made by an administrative official or agency based on, or made in the application of, the standards or enforcement of this Title in a specific situation, with limited necessity for reference to general goals and policies of this Title or the Comprehensive Plan. DRAFTPage 152 of 313 13 Definitions 16-3-1 DESCRIPTION OF USES Working Draft Title 16: Englewood Development Code December 2022 13-16 Applicant: Unless otherwise specified, an owner or other person with a legal property interest, including heirs, successors, and assigns, or an owner's authorized agent, who has filed an application for subdivision or development. Arcade: A continuous area open to a street or plaza, and which is accessible to the public. Any portion of an arcade occupied by building columns, landscaping, statuary, or pools, shall be considered to be a part of an arcade for the purpose of computing required landscaping. The term "arcade" shall not include off- street loading areas, driveways, off-street parking areas, or pedestrian ways accessory thereto. Area: The term "area" is synonymous with the word "tract," which is a piece of land capable of being described with such precision that its location may be established and boundaries definitely ascertained. Assessed Valuation: The value at which property is appraised for tax purposes. Authorized Service Vehicle: Such highway or traffic maintenance vehicles as are publicly owned and operated on a highway by or for a governmental agency, the function of which requires the use of service vehicle warning lights as prescribed by State law, and such other vehicles having a public service function, including, but not limited to, public utility vehicles and tow trucks, as determined by the state department of highways. Some vehicles may be designated as both an authorized emergency vehicle and an authorized service vehicle. Automobile: Any motor vehicle. Awning: A shelter supported entirely from the exterior wall of a building and of a type that can be retracted, folded, or collapsed against the face of the supporting building. Banner: An accessory sign made of cloth, canvas, plastic, fabric, or flexible material of any kind with only such material for backing. National flags, state or municipal flags, shall not be considered banners. Basement: An area below the first floor, having part, but no more than one-half (½) of its height above grade, and with a floor to ceiling height of not less than seven feet (7'). This term shall not include "garden level." Basement (for floodplain purposes): See Section 16-4-11 EMC: Floodplain Definitions. Beer: An alcoholic beverage made by brewing and fermentation from cereals, usually malted barley, and flavored with hops and the like for a slightly bitter taste. Beer shall not contain greater than six percent (6%) alcohol by volume, otherwise it shall be classified as a "spirituous liquor." Or, as this definition may be modified in C.R.S. 12-47-103. Berm: A mound of earth, or the act of pushing earth into a mound, usually for the purpose of shielding or buffering uses, or to control the direction of water flow. Bicycle Lane: A portion of a street right-of-way designated for the use of bicycle traffic. Bicycle Path: A paved or otherwise surfaced off-street lane designated for bicycle traffic. Bikeway: A pathway, which may be paved and separated from streets and sidewalks, designed to be used by bikers. Block: A tract of land bounded by platted streets, public parks, cemeteries, railroad rights-of-way, shore lines, or corporate boundaries of the city. Block Face: A lot or lots fronting on one (1) side of a block. The "same" block face includes only those lots fronting on the same side of the block as the subject property. The "facing block face" includes those lots DRAFTPage 153 of 313 13 Definitions 16-3-1 DESCRIPTION OF USES Working Draft Title 16: Englewood Development Code December 2022 13-17 located on a different block from the subject property/lot, but located directly across the street from and fronting the same street as the subject property/lot and bounded by the same intersecting streets as the subject property's block. Board: The Board of Adjustment and Appeals of the City of Englewood. Boarder: An individual, other than a member of the household occupying the dwelling unit or a part thereof, who, for a consideration, is furnished sleeping accommodations and may be furnished meals or other services as part of the consideration. Boundary Line: Every separation, natural or artificial, which marks the confines or line of division of two (2) contiguous parcels of land. Brightness: For the purpose of sign illumination, brightness is the visual sensation related to the intensity of light emanating from the face of a sign. Buffering: Methods such as extra deep lots, increased setbacks, landscaping, fencing, or berming to separate properties or uses that may have potential adverse impacts upon one another. Building: Any structure having a roof supported by columns or walls for the housing or enclosure of persons, animals, or chattels. When any portion thereof is completely separated from every other portion thereof by a division wall without openings, then each such portion shall be deemed to be a separate building. Building, Detached: A building having no party wall in common with another building. Building Envelope: The three-dimensional space within which a structure is permitted to be built on a lot and which is defined by maximum height regulations, yard setbacks, and sky exposure (bulk) plane regulations. Building Frontage: The horizontal linear dimension of a building facade, or portion occupied by a use that faces a public street. A corner use shall be permitted to use the secondary facade to determine total "building frontage." Building, Principal: A building in which is conducted the principal use of the lot on which it is situated. Building Site: See definition of "Lot." Bulk: The size of buildings or other structures and their relationships to each other and to open areas and lot lines, and therefore includes: (a) the size of buildings or other structures, and (b) the area of the lot upon which a residential building is located, and the number of dwelling units or rooms within such building in relation to the area of the lot, and (c) the shape of buildings or other structures, and (d) the location of exterior walls of buildings or other structures in relation to lot lines, to other walls of the same building, to legally required windows, or to other buildings or other structures, and (e) all open areas relating to buildings or other structures and their relationship thereto. Caliper: The inch diameter of the trunk of a tree measured four feet (4') above grade. Canopy: A roof-like structure supported by the building and a minimum of one (1) stanchion. Carport: A one-story structure entirely open on one (1) or more sides used for vehicle parking or storage. Cellar: That portion of building below the first floor joists, at least half of whose clear ceiling height is below the main level of the adjacent ground; which portion of a building shall not be used for habitation. DRAFTPage 154 of 313 13 Definitions 16-3-1 DESCRIPTION OF USES Working Draft Title 16: Englewood Development Code December 2022 13-18 Centerline: The centerline of a street or alley that has been fully dedicated to its required width. Where all of the required width of public right-of-way exists in an offset or angular manner or has not been dedicated, the City Engineer shall determine the alignment of the centerline. Change of Use: Any use that substantially differs from the previous use of a building or land. Channel: A natural or artificial watercourse of perceptible extent, with definite bed and banks to confine and conduct continuously or periodically flowing water. Channel flow thus is that water which is flowing within the limits of the defined channel. City: The City of Englewood, Colorado. Collector Street System: A system of one (1) or more collector street(s) that allows traffic to be distributed to at least two (2) arterial streets. Colocation: The placement of antennas or other telecommunications facilities by two (2) or more telecommunications providers in the same location or on the same tower or alternative tower structure. Commercial Vehicle: Any vehicle designed, maintained or used primarily for the transportation of property. Commission: The Planning and Zoning Commission of the City of Englewood, Colorado. Common (Party) Wall: See definition of "Party Wall." Compatibility: The characteristics of different uses or activities or designs that allow them to be located near or adjacent to each other in harmony. Some elements affecting compatibility include height, scale, mass, and bulk of structures. Other characteristics include pedestrian or vehicular traffic, circulation, access, and parking impacts. Other important characteristics that affect compatibility are landscaping, lighting, noise, odor, building materials, and building architecture. Compatibility does not mean "the same as." Rather, compatibility refers to the sensitivity of development proposals in maintaining the character of existing development. Complete Application: An application form required by this Title, and all accompanying fees, submittal documents, and exhibits, including all items or exhibits specified by the City Manager or designee during a pre-application conference. An application shall be considered "complete" only upon certification by the City Manager or designee, pursuant to Section 16-2-3.E, EMC. Comprehensive Plan: The City Comprehensive Plan developed by the Commission and adopted by the Council for the physical development of the City, which includes any unit or part of such plan separately adopted and any amendment to such plan or parts thereof. Conditional Use: A use permitted in a particular zone district only upon showing that such use in a specified location, will comply with all conditions and standards for the location or operation of such use as specified in this Title and authorized by the Commission. Contiguous: Lot or Land is contiguous when at least one (1) boundary line of one (1) lot/parcel of land touches a boundary line or lines of another lot/parcel of land. 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 that customer, for a fixed price and within a fixed period of time, not to exceed ninety (90) days, has the option to cancel the contract and recover from the pawnbroker the tangible personal property. DRAFTPage 155 of 313 13 Definitions 16-3-1 DESCRIPTION OF USES Working Draft Title 16: Englewood Development Code December 2022 13-19 Council: The City Council of the City of Englewood, Colorado. Cul-de-sac: A short street having one (1) end open to traffic and being terminated at the other end by a vehicular turnaround. Decibel: A unit of sound pressure level. Deciduous: Plants that drop their leaves before becoming dormant in winter. Decision-Making Body: The entity or body (typically the Council, Commission, Board, City Manager or designee, or other Administrative Staff) authorized to approve or deny a land development application or permit required under this Title. Density: The number of families, persons, or dwelling units per acre of land. (A) Gross Density: The number of families, persons, or dwelling units per gross acre of land. Gross acreage is the total land area, including public rights-of-way. (B) Net Density: The average number of families, persons, or dwelling units per net acre of land. Net acreage is the total land area less land area devoted to public rights-of-way. Denver Metropolitan Area: The area defined within the Denver Regional Council of Governments (DRCOG), Metropolitan Planning Organization (MPO) Boundary. Detached Structure: A structure having no party wall in common with another structure. Developer: The legal or beneficial owner or owners of a lot or of any land included in a proposed development, including the holder of an option or contract to purchase, or other persons having enforceable proprietary interests in such land. Development: Any man-made change to improved or unimproved real estate, including the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any structure; any mining, excavation, landfill, or land disturbance; and any use or extension of the use of land. Development Agreement: Contracts between a developer and the City of Englewood in connection with any discretionary development approval, including without limitation rezoning, subdivision, or PUD approval. Development Agreements may include provisions clarifying the phasing of construction, the timing, location and financing of infrastructure, reimbursement for oversized infrastructure, vesting of property rights for periods beyond the three (3) year statutory term, assurances that adequate public facilities (including roads, water, sewer, fire protection and emergency medical services) will be available as they are needed to serve the development, and mitigation of anticipated impacts of the development on the general public. Development (for floodplain purposes): See Section 16-4-16 EMC: Floodplain Definitions. Development Review Team (DRT): An ad hoc review body that conducts pre-application meetings as needed consisting of representatives from City departments as requested by the applicant or required by the City Manager or designee. The DRT provides responses to the proposed application and comments are forwarded to the applicant for consideration in a final application. Director: Director of the Department of Community Development. Distance of Sign Projection: The distance from the exterior wall surface of the building, or from the furthest point on a mansard roof, to the display face of a wall sign. Divide or Division: Any act which would have the effect, either legally or practicably, of causing a separation of a single tract or parcel of realty into two (2) or more tracts, parcels, lots, or sites. DRAFTPage 156 of 313 13 Definitions 16-3-1 DESCRIPTION OF USES Working Draft Title 16: Englewood Development Code December 2022 13-20 Drainage: (A) Surface water runoff. (B) The removal of surface water or ground water from land by drains, grading, or other means which include runoff controls to minimize erosion and sedimentation during and after construction or development; the means for preventing or alleviating flooding. Drip Line: A vertical line extending from the outermost branches of a tree to the ground. Driveway: An improved and maintained way providing vehicular access from the public street to a parking area, garage or carport, or to other uses. Driveway, Hollywood: A driveway that includes within its width portions or strips of unpaved ground that are typically landscaped. (See Figure 16-11(1)). Dwelling: Any building or portion of building that is used as the residence of one (1) or more households, but not including visitor accommodations, clubs, hospitals, tents, or similar uses providing transient or temporary accommodation. Dwelling Unit: One (1) or more rooms and a single kitchen and at least one (1) bathroom, designed, occupied, or intended for occupancy as separate quarters for the exclusive use of a single household, for household living purposes (i.e., living, cooking, and sanitary purposes), located in a dwelling. Dynamic Displays: A generic term for non-traditional signage encompassing signs with moving parts, LED displays, moving images, and electronic messages. Earth Removal: The removal or extraction of any stone, sand, gravel, loam, topsoil, or other earth or earth product from a lot or parcel of land, except where such removal is for the purpose of grading a lot upon which a building is to be erected, a roadway to be built, or a platting thereof to be made. Easement: A grant of one (1) or more of the property rights by the property owner to and/or for the use of the public, a corporation or another person or entity. Eaves: The projecting lower edges of a roof overhanging the wall of a building. Education Institution: A specific type of school use. Facilities include elementary or secondary public or private schools, parochial schools irrespective of denomination and having a course of study substantially equivalent to that of a public school, private schools having a course of study substantially equivalent to that of a public school, colleges and universities, professional schools, business or trade schools, and special schools for the blind and/or physically disabled. Exception: business or trade schools are classified under commercial uses as a distinct type of school use. See definition of "School." Egress: An exit. Embankment: An elevated man-made or natural deposit of soil, rock, or other materials. Emergency Temporary Shelter: A structure or portion of a structure providing temporary housing for persons in need of shelter due to limited financial resources (including people who are homeless), weather-related emergencies, or other emergencies. Occupancy is permitted on a twenty-four (24) hour basis. Accessory services that also may be provided at the facility include food, counseling, transportation services, and services to support the personal care of the residents of the facility including medical care, dental care, and hygiene. Encroachment: Any obstruction in a delineated floodway, right-of-way, or adjacent land. DRAFTPage 157 of 313 13 Definitions 16-3-1 DESCRIPTION OF USES Working Draft Title 16: Englewood Development Code December 2022 13-21 Enlargement, or to Enlarge: An "enlargement" is an addition to the floor area of an existing building, an increase in the size of any other structure, or an increase in that portion of a tract of land occupied by an existing use. To "enlarge" is to make an enlargement. Environmental Assessment: An evaluation of the environmental condition of property consisting of the following three (3) phases: (A) "Phase I Assessment" shall, at a minimum, consist of physical examinations and review of historical ownership of the property and adjacent property, as stated in the American Society for Testing and Materials (ASTM) Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process, designation E 1527-00 (as amended), and culminate in a written report of findings, including a recommendation on whether a Phase II assessment is necessary. (B) "Phase II Assessment" shall, at a minimum, consist of a physical examination of the property, and adjacent property if feasible, including an examination of any facilities, processes, and practices thereon; such physical examination shall include any tests and samplings of soil, water, air, vegetation, facilities or any improvements as required by the City as a result of information provided in the Phase I assessment to determine the presence or absence of hazardous substances on the property. A Phase II assessment shall comply with the American Society for Testing and Materials (ASTM) Standard Practice for Environmental Site Assessments: Phase II Environmental Site Assessment Process, designation E 1903-97 (as amended). This phase shall culminate in a written report of findings on any testing and sampling results as well as a recommendation on whether any remediation is necessary, and, if so, a description thereof. The reporting shall be subject to compliance with Federal, State, and local regulations or requirements. (C) "Phase III Assessment" shall, at a minimum, consist of remediation of hazardous substances on the property as recommended by a Phase II assessment, subject to compliance with Federal, State, and local regulations or requirements. Erosion: The detachment and movement of soil or rock fragments, or the wearing away of the land surface by water, wind, ice, and gravity. Evaluation: A process to measure the success of an activity and how closely the results meet the anticipated outcome defined as part of the initial phase of the activity. Evergreen: A plant with foliage that persists and remains green year round. Excavation: Removal or recovery by any means whatsoever of soil, rock, minerals, mineral substances or organic substances other than vegetation, from water or land on or beneath the surface thereof, or beneath the land surface, whether exposed or submerged. Existing Grade or Elevation: The vertical location of the ground surface prior to excavating or filling. Existing Use: The use of a lot or structure at the time of the enactment of this Title. Extension: An increase in the amount of existing floor area used for an existing use within an existing building. To "extend" is to make an extension. Exterior Wall: The most exterior part of a wall; any wall that defines the exterior boundaries of a building or structure. FAA: The Federal Aviation Administration. Fabrication: Stamping, cutting, or otherwise shaping processed materials into useful objects. Facade: The exterior wall of a building exposed to public view or that wall viewed by persons not within the building. DRAFTPage 158 of 313 13 Definitions 16-3-1 DESCRIPTION OF USES Working Draft Title 16: Englewood Development Code December 2022 13-22 Factory-Built Home: A dwelling unit that is constructed and assembled at a factory and transported to the building's site and placed on a pre-built foundation. FCC: The Federal Communications Commission. Fence: An artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land. Fill: Sand, gravel, earth, or other materials of any composition whatsoever placed or deposited by artificial means. Final Approval or Decision: The last official action of the decision-making body, taken on a development plan which has been given preliminary approval, after all conditions and requirements have been met, and the required improvements have been installed or guarantees properly posted for their installation, or approval conditioned upon the posting of such guarantees. Finish Elevation: The proposed elevation of the land surface of a site after completion of all site preparation work. See definition of "Grade, Finished." Fire Lane: That portion of a street right-of-way or a paved or otherwise surfaced off-street lane designated to assure access by emergency vehicles. Fixed Price: As relates to pawnbrokers and secondhand dealer uses, the amount agreed upon to cancel a contract for purchase during the option period. Said fixed price shall not exceed: (A) One-tenth ( ⅒) of the original price for each month, plus the original purchase price, on amounts of fifty dollars ($50.00) or over; or (B) One-fifth (⅕) of the original purchase price for each month, plus the original purchase price, on amounts under fifty dollars ($50.00). Fixed Time: As relates to pawnbrokers and secondhand dealer uses, that period of time, not to exceed ninety (90) days, as set forth in a contract for purchase, within which the customer may exercise an option to cancel the contract for purchase. Flag: Any fabric, or similar material containing distinctive colors, patterns, or designs, attachable at one (1) edge to a staff or cord, and used as a symbol of a government or political subdivision thereof. All other such devices shall be considered banners. Floor Area: The sum of the areas of the several floors of the structure, as measured by the exterior faces of the walls, including fully enclosed porches and the like as measured by the exterior limits thereof, but excluding: (A) Garage space which is in the basement of a building or, in the case of garage space accessory to a dwelling, is at grade; (B) Basement and cellar areas devoted exclusively to uses accessory to the operation of the structure; and (C) Areas elsewhere in the structure devoted to housing mechanical equipment customarily located in the basement or cellar such as heating and air conditioning equipment, plumbing, electrical equipment, laundry facilities, and storage facilities. Floor Area Ratio: The total floor area on a lot divided by the land area of that lot. Frame: A complete, static display message on an electronic message display. Frame Hold Time: The time interval a static frame must remain on the display before transitioning to another frame. DRAFTPage 159 of 313 13 Definitions 16-3-1 DESCRIPTION OF USES Working Draft Title 16: Englewood Development Code December 2022 13-23 Frontage: All of the property fronting on one side of an intersecting or intercepting street, or between a street and right-of-way, end of dead-end street, waterway, or City boundary measured along the street line. (An intercepting street shall determine only the boundary of the frontage on the side of the street that it intercepts.) Front Lot Coverage: See definition of "Lot Coverage, Front." Garage: An accessory building or portion of a principal building that is intended or used primarily for the storage of motor vehicles, and which is enclosed in such a manner that the stored or parked motor vehicle is contained entirely within the building. Garage, Attached: A structure intended for the storage of motor vehicles with a party wall in common with a habitable space/room, as defined herein, within the principal structure. Said common party wall shall be a minimum of four (4) linear feet in length. When a detached garage is later permitted to be attached to a principal structure, the party wall and principal structure dimensional, setback and bulk plane requirements shall apply. Garage, Detached: Any garage which does not meet the definition of attached garage in this Title. Garage, Front-Loaded: A private residential garage that is accessed from a street other than an alley and that has garage doors parallel to the access street. Garage, Private: A garage that is not operated for gain and in which no business is conducted. Garage, Side-Loaded: A private residential garage that is accessed from a street other than an alley and that has garage doors perpendicular to the access street. Garden Level: An area below the first floor, having at least one-half (½) of its height above grade. Glare: The effect produced by brightness sufficient to cause annoyance, discomfort, or loss in visual performance and visibility. Grade: The degree of rise or descent of a sloping surface. Grade, Building: In cases where all walls of the principal building are more than five feet (5') from the nearest street line, the mean elevation of the ground adjoining the building on all sides; and in all other cases, the mean elevation of the nearest sidewalk. Grade, Finished: The final elevation of the ground surface after development. Ground Cover: Grasses or other plants grown to keep soil from being blown or washed away. Ground Floor Area: The floor area of the ground floor of a building. Ground-Mounts: The typical ground-mounted satellite has the antenna mounted on a pole that is at least three feet (3') deep in the ground, encased in concrete at least eight inches (8") in diameter. The cable to the receiver is buried in the ground between the antenna and the structure. Guest or Visitor Off-Street Parking: An off-street parking space provided for temporary use of guests of, or visitors to, occupants or tenants of the building, whether for social, business, or professional reasons. Guideline: An advisory regulation, where compliance is not mandatory but is strongly encouraged. The City may require justification for an applicant's variance from a guideline, but noncompliance will not subject an applicant or a development to the enforcement and penalty provisions of this Title. Guidelines are indicated by use of the terms "may" or "should." DRAFTPage 160 of 313 13 Definitions 16-3-1 DESCRIPTION OF USES Working Draft Title 16: Englewood Development Code December 2022 13-24 Habitable Space/Room: Space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility space, and similar areas, are not considered habitable space. Height: Building or structure height is the vertical distance of a building or structure, as measured from the average elevation of the finished grade at the corners of the building or structure base, to the highest point of the building or structure. When referring to a tower or other similar structure, height is measured from the average ground level to the highest point on the tower or other structure, even if said highest point is an antenna. When referring to a fence or wall, height is the distance of the vertical surface measured from finished grade to the top of the vertical surface. Highway: See definition of "Street." Historic Building: A building or structure designated by Council, that is worthy of rehabilitation, restoration, and preservation because of its cultural, architectural and/or historical significance to the City. Historic District: A geographically definable area that possesses a significant concentration, linkage, or continuity of sites, buildings, structures, or objects united by past events or aesthetically by plan or physical development. Historic Preservation. The protection, rehabilitation, and restoration of districts, sites, buildings, structures, and artifacts significant in Englewood or Colorado history, architecture, or culture. Historic Structure (for floodplain purposes): See Section 16-4-16 EMC: Floodplain Definitions. Household: A household includes one (1) or more persons related by blood, marriage, adoption, or legal guardianship, including foster children, together in a dwelling unit; or two (2) unrelated persons and their children living together in a dwelling unit. Illegal Use: Any use, whether of a building or other structure, or of a tract of land, in which a violation of any provision of this Title has been committed or shall exist. Impermeable: Not permitting the passage of water. Impervious Material: A surface that has been compacted or covered with a layer of materials so that it is highly resistant to infiltration by water. Impervious materials include, but are not limited to, surfaces such as compacted sand, limerock, or clay; asphalt, concrete, driveways, retaining walls, stairwells, stairways, walkways, decks and patios at grade level, and other similar structures. Ingress: Access or entry. Kiosk: A freestanding structure upon which temporary information and/or posters, notices and announcements are posted. Kitchen: An area within a dwelling unit equipped with such electrical or gas hook-up that would also enable the installation of a range, oven or like appliance, including microwaves, for the preparation of food and also containing either or both a refrigerator and sink. Land Use: A description of how land is occupied or utilized. Landscaping: To improve the appearance of an area of land, a lot, or parcel of land by the decorative arrangement of grass, shrubs, and trees (and/or altering land contours). Landscaping may include, but shall not be limited to: turf, grasses, flower beds, shrubs, trees, rock, bark, wood chips, ornamental objects such as fountains, statuary and ornamental objects and pedestrian walkways designed to produce an aesthetically pleasing effect. Commented [CB2]: Discuss with staff on tracking / enforcement; typical in the region is +3 or +4; related to "group home" use and "SRO" addition. DRAFTPage 161 of 313 13 Definitions 16-3-1 DESCRIPTION OF USES Working Draft Title 16: Englewood Development Code December 2022 13-25 Levee: A man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding. Levee System: A flood protection system that consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices. Living Plant Materials or Plant: (A) A young tree, shrub, or herb; (B) A slip, cutting, or sapling; or (C) Any of a group of living organisms that typically do not exhibit voluntary motion or possess sensory or nervous organs. Loading Space: An off-street space or berth on the same site with a building, or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts upon a street, alley, or other appropriate means of access. Local Law Enforcement Agency: Any marshal's office, police agency, or sheriff's office within jurisdiction in the locality in which the customer enters into a contract for purchase or a purchase transaction related to a pawnbroker or secondhand dealer land use. Lot: A designated parcel, tract, or area of land established by plat, subdivision, or as otherwise permitted by law, to be used, developed, or built upon as a unit. Lot Area: The area of a horizontal plane bounded by the front, side, and rear lot lines. Lot, Building: Land occupied or to be occupied by a building and its accessory buildings, or by a dwelling group and its accessory buildings, together with such open spaces as are required under the provisions of this Title, having not less than the minimum area and width required by this Title for a lot in the district in which such land is situated, and having its principal frontage on a street or on such other means of access as may be determined in accordance with the provisions of the law to be adequate as a condition of the issuance of a building permit for a building on such land. Lot, Corner: A lot at the junction of and abutting upon two (2) or more intersecting streets, having an interior angle of intersection of not more than one hundred thirty-five degrees (135°). Lot Coverage: The percentage of total lot area which, when viewed directly from above, would be covered by a structure or structures, or any part thereof, excluding projecting roof eaves. It is calculated by dividing the square footage of structure cover by the square footage of the lot. Unless specifically exempted by Section 16-6-1 EMC, above, the term "structure" includes private walkways, driveways, and other paved surface areas used or intended for parking vehicles (e.g., parking pads). Lot Coverage, Front: The portion of the front setback or front yard area, whichever is larger, of a residential lot covered by (a) an impervious material, and/or (b) any structure or portion thereof permitted to encroach into the front setback area. Front lot coverage is expressed as a percentage. Lot Depth: The mean horizontal distance between the front and rear lot lines, measured in the general direction of the side lot lines. Lot, Interior: A lot other than a corner lot. Lot Line, Front: The line separating the lot from the street. DRAFTPage 162 of 313 13 Definitions 16-3-1 DESCRIPTION OF USES Working Draft Title 16: Englewood Development Code December 2022 13-26 Lot Line, Rear: The line which most nearly qualifies as the line most distant and opposite from the front lot line; where the line is irregularly shaped, a line perpendicular to the mean direction of the side lot lines, and at least ten feet (10') in length within the lot. Lot Line, Side: Any lot line other than a front lot line or a rear lot line. Lot Lines: The lines bounding a lot. Lot, Minimum Area of: The smallest lot area established by this Title on which a use or structure may be located in a particular zone district. Lot of Record: A lot that is part of an approved plat, the map of which has been recorded in the office of the Arapahoe County Clerk and Recorder. Lot, Reverse Frontage: A through lot that is not accessible from one of the parallel or nonintersecting streets upon which it fronts. Lot, Reverse Corner: A corner lot having its side street line substantially a continuation of the front lot line of the first lot to its rear. Lot, Small: A legal lot of record existing on the effective date of this Title where the lot width or lot area is less than the minimum standard for a one-unit dwelling in the zone district in which the lot is located. Lot, Through: A lot, other than a corner lot, having frontage on more than one (1) street. Lot Width: The distance between the side lot lines, measured along the setback line as established by this Title, or if no setback line is established, the distance between the side lot lines measured along the street line. Major Architectural Detail: Distinguishable design features of the facade of the building such as windows, doors, balconies, columns, or patterns or designs formed at the time of construction by the building material. Major Street: The street controlled by a stop or yield sign. Manager or City Manager: The Englewood City Manager or designee. Mansard Roof: An architectural feature that is a steep roof structure that is a portion of a roof structure or is attached to the face of the wall of a building. Manufactured Home: Any one-unit dwelling that: (1) Is a factory-built home; and (2) is at least twenty-four feet (24') in width and thirty-six feet (36') in length; and (3) is installed on an engineered permanent foundation; and (4) has a pitched roof; and (5) is certified under the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq., as amended (commonly referred to as the "HUD Code"); and (6) meets or exceeds, on an equivalent performance engineering basis, as defined by C.R.S. 31-23-301(5)(a)II et seq., as amended standards established by the Uniform Building Code, as amended and adopted by the City. Manufactured Home (for floodplain purposes): See Section 16-4-16 EMC: Floodplain Definitions. Manufactured Home, Double-Wide or Triple-Wide: A manufactured home consisting respectively of two (2) or three (3) sections combined horizontally at the site to form a single dwelling, while still retaining the individual chassis for possible future movement. DRAFTPage 163 of 313 13 Definitions 16-3-1 DESCRIPTION OF USES Working Draft Title 16: Englewood Development Code December 2022 13-27 Manufactured Home, Expandable: A manufactured home with one (1) or more room sections that fold, collapse, or telescope into the principal unit when being transported and which can be expanded at the site to provide additional living area. Manufactured Home Space: A plot of ground within a manufactured home park, designed for the accommodation of one (1) manufactured home. Manufactured Home Stand: That part of an individual manufactured home space that has been planned and improved for the placement of the manufactured home and additions or attachments thereto. [Marijuana note] Marquee: A permanent roof-like structure attached to and supported by the building on which it is located. Master Street Plan: Part of the City Comprehensive Plan showing location and classification of principal traffic ways. Maximum Extent Feasible: No feasible and prudent alternative exists, and that all possible efforts to comply with the regulation or minimize potential harm or adverse impacts have been undertaken. Economic considerations may be taken into account but shall not be the overriding factor in determining "maximum extent feasible." Maximum Extent Practicable: Under the circumstances, reasonable efforts have been undertaken to comply with the regulation or requirement, that the costs of compliance clearly outweigh the potential benefits to the public or would unreasonably burden the proposed project, and reasonable steps have been undertaken to minimize any potential harm or adverse impacts resulting from the noncompliance. Mean: The average of a number of figures computed by adding all of the figures and dividing by the number of figures. Micro-cell: Means a low power telecommunications facility used to provide increased capacity in high telecommunication demand areas, often to improve coverage in areas of weak coverage. Microcells communicate with the primary facility in a coverage area via fiber optic cable, microwave, or land line. Microwave Antenna: A dish-like antenna used to link communication sites together by wireless transmission of voice or data. Minor Street: The street not controlled by a stop or yield sign. Minor Subdivision: Subject to the provisions of Chapter 16-8 EMC, "Subdivision Design, Improvements, and Dedication Standards," a "Minor Subdivision" includes all of the following actions, provided no such actions require the dedication of land for streets or public areas: (A) Unplatted land is to be platted, divided, or combined with any other land whether platted or unplatted. (B) A single platted lot is to be divided into two (2) or more lots. (C) A parcel previously platted into lots is to be divided into two (2) or more new lots inconsistent with the historical platted lines. (D) Adjustment of boundary line(s) between previously platted parcels inconsistent with historical platted lines. (E) The creation of condominiums, town home communities, and other forms of airspace ownership or air-right subdivisions, as described and defined in C.R.S. 38-33-101, et seq., as amended. See definition of "Subdivision." Mixed-Use Development: The development of a tract of land or building or structure with two (2) or more different principal uses, such as, but not limited to, residential, office, manufacturing, retail, public or entertainment, in a compact urban form. In a mixed-use development, the different types of land uses are Commented [CB3]: There are currently 8 or 9 specific retail marijuana uses / definitions that are not in the use table and are not in the code; confirm if this is a result of the changing laws in this regard or if there is some other inconsistency I the current code that can be easily cleaned up. DRAFTPage 164 of 313 13 Definitions 16-3-1 DESCRIPTION OF USES Working Draft Title 16: Englewood Development Code December 2022 13-28 in close proximity, planned as a unified complementary whole, and functionally integrated to the use of vehicular and pedestrian access and parking areas. Monopole: A structure composed of a single spire used to support telecommunications equipment. Motor Vehicle: 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, but the term does not include motorized bicycles as defined in The Model Traffic Code for Colorado Municipalities as adopted. For purposes of the offenses described in C.R.S. as adopted for farm tractors operated on streets and highways, "motor vehicle" includes a farm tractor that is not otherwise classified as a motor vehicle. Mulch: Nonliving organic and synthetic materials customarily used in landscape design to retard erosion and retain moisture. Multi-Phase or Phased Development: A development project that is constructed in stages, each stage being capable of existing independently of the others. New Construction: Structures for which the "start of construction" commenced on or after the effective date of this Title. New Construction (for floodplain purposes): See Section 16-4-16 EMC: Floodplain Definitions. Noise: Any sound which is unwanted or which causes or tends to cause an adverse psychological or physiological effect on human beings. Nonconforming Building or Structure: Unless otherwise exempt by Chapter 16-9 EMC, a structure or building, the size, dimensions, or location of which was lawful prior to the adoption, revision, or amendment to this Title, but which fails by reason of such adoption, revision, or amendment, to conform to the present requirements of the zone district in which such structure or building is located. Nonconforming Lot: A lot, the area, dimensions, or location of which was lawful prior to the adoption, revision, or amendment of this Title, but which fails by reason of such adoption, revision, or amendment to conform to the present requirements. Nonconforming Use: A use or activity which was lawful prior to the adoption, revision, or amendment to this Title, but which fails, by reason of such adoption, revision, or amendment, to conform to the present requirements of the zone district in which such use is located. Nonconformity: Generally, a nonconforming use, sign, lot, structure, or building. 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. Obstruction: Any dam, wall, embankment, levee, dike, pile, abutment, soil material, bridge, conduit, culvert, building, wire, fence, refuse, fill, structure or other matter in, along, across or projecting into any channel, watercourse, or flood plain which may impede, retard, or change the direction of the flow of water, either in itself or by catching debris carried by such water, or that is placed where the flow of water might carry the same downstream. Occupancy: The purpose for which a building is used or intended to be used. "Change of occupancy" is not intended to include change of tenants or proprietors unless the new use of the building would classify it in a different occupancy group. DRAFTPage 165 of 313 13 Definitions 16-3-1 DESCRIPTION OF USES Working Draft Title 16: Englewood Development Code December 2022 13-29 Occupancy Permit: A required permit allowing occupancy of a building or structure after it has been determined that all of the requirements of applicable ordinances have been met. Odorous Matter: Any material that produces an offensive or objectionable olfactory response in a human being. Official Map: A legally adopted map that shows the location and width of proposed streets, public facilities, and public areas, and drainage rights-of-way. Official Zoning Map: A map of the City that depicts the various zone districts in the City, adopted by the Council, and incorporated by reference as a part of this Title. Off-Street Parking Space: A storage area for a motor vehicle that is directly accessible to an access aisle, street, or alley, and which is not located on a dedicated street right-of-way. On-Street Parking Space: A temporary storage area for a motor vehicle that is located on a dedicated street right-of-way. 100-Year Flood: A flood of such magnitude as may reasonably be expected to be equaled or exceeded on an average of once every one hundred (100) years; the term also means that level of flooding having a one percent (1%) probability of occurrence in any year. Open: As relates to fences, walls, and visual barriers, a vertical surface with fifty percent (50%) or more open space. Open Space, Common: Land within or related to a development, not individually owned or dedicated for public use, which is designed and intended for the common use or enjoyment of the residents of the development and may include such complementary structures and improvements as are necessary and appropriate. Common open space shall not include driveways, sidewalks, and parking areas. Open Space Depth: As applicable to manufactured home parks, the minimum open space distance on the lot (except as otherwise specifically provided) perpendicular to the wall of the dwelling unit at any point, or to any addition to the dwelling unit which is enclosed for more than fifty percent (50%) of its perimeter or for more than ten percent (10%) of the portion of its perimeter opposite any Class A, B, or C exposure of the dwelling unit. Open Space, Unobstructed: Land not covered by buildings or structures. Open Space, Usable: On-site land area, contained within lot lines or within common open space, which is absent of any building or structure. Usable open space could contain, but is not limited to the following: private yards, walkways, trellises, swings, arbors, swimming pools, tennis courts, and landscaping. Surface parking areas or driveways are not usable open space. Option: The fixed time and the fixed price agreed upon by the customer and a pawnbroker in which a contract for purchase may be, but does not have to be, rescinded by the customer. Organic: Referring to or derived from living organisms. Outdoor Commercial Advertising Device: A visible contrivance or structure in any shape or form, the purpose of which is to advertise any product or service, campaign, event, etc. Outdoor Display Area: An outdoor, unroofed area where merchandise or vehicles are displayed for more than twenty-four (24) hours. Overhang: DRAFTPage 166 of 313 13 Definitions 16-3-1 DESCRIPTION OF USES Working Draft Title 16: Englewood Development Code December 2022 13-30 (A) The part of a roof or wall that extends beyond the facade of a lower wall. (B) The portion of a vehicle extending beyond the wheel stops or curb. Overlay Zones: A set of zoning requirements that is described in this Title, is mapped, and is imposed in addition to those of the underlying district. Developments within the overlay zone must conform to the requirements of both zones or the more restrictive of the two (2). Owner: An individual, firm, association, syndicate, partnership, or corporation having sufficient proprietary interest to seek development of land. Parapet Wall: That part of any wall that extends entirely above the roof line. Park: A specific type of parks and open space use. A noncommercial, nonprofit facility or land owned by the City, the State of Colorado, or another unit of government that is used or intended to be used for recreation, education, or cultural use, including both active or passive recreation. This use type includes public golf courses. See definition of "Parks and Open Space." Parking Area: A portion of a lot, tract, or parcel that is used, or is intended to be used, for the off-street parking of motor vehicles. A driveway may or may not serve as a parking area, subject to compliance with this Title's standards. A parking area (e.g., a surface parking lot) may be a principal use of land, or may be accessory to a principal use of land. Parking Area, Surface (Operable Vehicles): A specific type of vehicle and equipment use. An area, other than a street or alley, designed or used primarily for the temporary parking of vehicles. See definition of "Vehicle and Equipment." Parking Facility, Structure (Operable Vehicles): A specific type of vehicle and equipment use. A structure designed or used primarily for the temporary parking of vehicles. See definition of "Vehicle and Equipment." Parking Garage: See definition of "Garage." Parking (To Park): The standing of a vehicle, whether occupied or not, otherwise than very briefly for the purpose of and while actually engaged in loading or unloading property or passengers. Parking Pad: Areas surfaced with impervious material that are located between the front building wall of a dwelling and the adjoining street, and which are typically used to park operable vehicles off the street. A "parking pad" does not include a driveway. Parking Space: A surfaced area, enclosed or unenclosed, sufficient in size to store one (1) automobile, together with a driveway connecting the parking space with a street, road or alley and permitting ingress and egress of that automobile without the necessity of moving any other automobile. Parking Strip: City-owned property that lies between the front lot line and the traveled surface of the street, usually designated by the curb. Park Permit: A written instrument issued by the City Manager or designee authorizing the construction or extension of a manufactured home park under this Title and the regulations that may be promulgated hereunder. Particulates: Finely divided solid or liquid particles in the air or in an emission, including dust, smoke, fumes, mist, spray and fog. Party (Common) Wall: A common or shared structural separation between abutting dwelling, business, or industrial units or buildings, which may be centered on one (1) building lot or between abutting dwelling, DRAFTPage 167 of 313 13 Definitions 16-3-1 DESCRIPTION OF USES Working Draft Title 16: Englewood Development Code December 2022 13-31 business or industrial units or buildings on either side of a lot line, the main purpose of which is to act as a support for the building and as a positive fire separation between the contiguous dwelling units or buildings. Path: A cleared way for pedestrians and/or bicycles that may or may not be paved. Patio, Manufactured Home: A paved area adjacent to the manufactured home parking space, and accessible from the main entrance to the parked manufactured home. Perennial: A plant that regrows from the same root stock year after year. Performance Standard: A criterion established to control noise, odor, smoke, toxic or noxious matter, vibration, fire, and explosive hazards and glare or heat generated by or inherent in uses of land or buildings. Permanent Addition, manufactured home: Any structural extension from any portion of a manufactured home, not including temporary canvas awnings. Person: An individual, firm, co-partnership, joint venture, association, corporation, estate, trust, business trust, receiver, syndicate, or other group or combination acting as a unit. Pervious Surface: Any material that permits full or partial absorption of storm water into previously unimproved land. Planned Unit Development: An area of a minimum contiguous size, as specified by ordinance, developed according to a plan as a single entity and containing one (1) or more structures with appurtenant common areas. Plaza: An open space that may be improved and landscaped; usually surrounded by streets or buildings. Police Department: The Police Department for the City of Englewood. Pollutant: Any introduced gas, liquid, and/or solid that makes a resource unfit for a specific purpose. Pollution: The presence of matter or energy whose nature, location, or quantity produces undesired environmental effects. Porch: A roofed open area, which may be glazed or screened, usually attached to or part of and with direct access to or from, a building. Pre-Existing Towers and Antennas: Any tower, antenna, or telecommunications facility for which a permit has been properly issued by the City prior to the effective date of Chapter 16-7 EMC, (Telecommunications). Premises: A lot, parcel, or plot of land, together with the buildings and structures thereon. Principal Structure or Building: The main or primary structure or building in which the principal use of a property is conducted or operated. Processing: A course or method of operation, effecting a change in form, contour, chemical composition, physical appearance or otherwise by artificial or natural means. Public Building: Any building held, used, or controlled exclusively for public purposes by any department or branch of government, State, County, or Municipality, without reference to the ownership of the building or of the realty upon which it is situated. DRAFTPage 168 of 313 13 Definitions 16-3-1 DESCRIPTION OF USES Working Draft Title 16: Englewood Development Code December 2022 13-32 Public Hearing: A meeting announced and advertised in advance and open to the public, with the public given an opportunity to talk and participate. Public Notice: The advertisement of a public hearing in a newspaper designated by City Council as the City's official newspaper, or on the City's official website or the posting of the property, or the mailing of written notice, indicating the time, place and nature of a public hearing. Public Sidewalk Sale: Community event or celebration allowing the use of public sidewalks by Englewood merchants in front of their business as authorized by the City Manager or designee. Purchase Transaction: The purchase by a pawnbroker in the course of business or tangible personal property for resale, other than newly manufactured tangible personal property that has not previously been sold at retail, when such purchase does not constitute a contract for purchase. Quarry: A place where rock, ore, stone and similar materials are excavated for sale or for off-tract use. Railroad Right-of-Way: A strip of land with tracks and auxiliary facilities for track operation, but not including freight depots or stations, loading platforms, train sheds, warehouses, car or locomotive shops, or car yards. Rear Yard: An open space, including driveways and parking areas, unoccupied other than by permitted accessory buildings or uses, extending from the rear building line of a principal building to the rear lot line, between the side building lines, projected to the rear lot line. Recreational Vehicle: A vehicular-type, portable structure without permanent foundation, 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. Recreational Vehicle (for floodplain purposes): See Section 16-4-16 EMC: Floodplain Definitions. Recyclable Material: Reusable materials including, but not limited to, metals, glass, plastic, wood, and paper that are intended for remanufacturing or reconstitution. Recyclable materials do not include junk, rubbish, refuse, or hazardous waste. Redevelopment: Development of a site where fifty percent (50%) or more of the existing structure(s) is retained and incorporated into the new structure. Remediate or Remediation: Action or measures taken, or to be taken, by the City or the property owner, whether directly by the owner or by the City, or through a contractor or agent of the owner or of the City, which purpose is to lessen, clean-up, remove, ameliorate, dispose of, vitiate, or mitigate any hazardous substances existing on the property to such standards, specifications, or requirements as may be established or required by the Environmental Protection Agency, the Colorado Department of Health, any authorized local agency, or the City. Residence: A home, abode, or place where an individual is actually living at a specific point in time. Residential Development: New residential development, redevelopment of an existing dwelling, or substantial expansions or alterations to an existing dwelling. Restoration: The replication or reconstruction of a building's original architectural features. Retaining Wall: A structure constructed to hold back or support an earthen bank. DRAFTPage 169 of 313 13 Definitions 16-3-1 DESCRIPTION OF USES Working Draft Title 16: Englewood Development Code December 2022 13-33 Reuse: A use for an existing building or parcel of land other than for which it was originally intended. Reverberation: The persistence of sound in an enclosed or confined space after the sound source has stopped. Reverse Frontage: See definition of "Lot, reverse frontage." Right-of-Way: The right of one person, or several persons, or of the community at large to pass over the land of another. Riprap: A facing of masonry or the like for protecting an embankment. Riprap shall consist of field stone or rough unhewn quarry stone as nearly rectangular as is practicable. Broken concrete masonry or concrete pavement may be used if approved by the Director of Engineering Services. The stone shall have a specific gravity of at least 2.25 and shall be resistant to the action of air and water. Flaking or fragmental rock will not be permitted. Stones shall have a minimum thickness of three inches (3") and a minimum volume of one (1) cubic foot and at least fifty percent (50%) by weight shall have a volume of two (2) cubic feet or more. The riprap shall be placed to conform to the specifications of the Director of Engineering Services. Road Tractor: Any motor vehicle designed and used for drawing other vehicles and not so constructed as to carry any load thereon either independently or any part of the weight of a vehicle or load so drawn. Roadway: That portion of a street right-of-way designated for vehicular traffic; where curbs are in place, the portion between curbs. Roof: The outside top covering of a building. Roof and/or Building-Mounted Telecommunications Facilities: Telecommunications facilities supported entirely by a building other than a building accessory to a telecommunications facility. Roofline: A horizontal line intersecting the highest point of a roof. In the case of a flat roof, the uppermost line of the roof of the building; in the case of an extended facade or parapet, the uppermost height of said facade or parapet. Roof, Shed: A roof with one (1) slope. Root Barrier System: A physical or chemical barrier that prohibits or discourages lateral root growth under sidewalks and other hardscape areas. RTD Maintenance Facility: A specific type of transportation facility use. A facility used for maintenance of Regional Transportation District (RTD) vehicles and equipment. See definition of "Transportation Facility." Rubbish: A general term for solid waste, excluding food waste and ashes, taken from residences, commercial, or industrial establishments and institutions. Run With the Land: A covenant or restriction to the use of land that is binding on the present and all future owners of the property. Sanitary Service: A specific type of waste/salvage use. Any property used for permanent disposal by abandonment, discarding, dumping, reduction, burial, incineration, or any other means and for whatever purpose, of garbage, trash, refuse, waste material of any kind, junk, discarded machinery, vehicles or parts thereof. See definition of "Waste/Salvage." Satellite Dish Antenna: The satellite receive-only earth station antenna consists of: (1) dish antenna which receives communication from satellites in orbit; (2) a low-noise amplifier (1na) at the focal point of the DRAFTPage 170 of 313 13 Definitions 16-3-1 DESCRIPTION OF USES Working Draft Title 16: Englewood Development Code December 2022 13-34 receiving component; and (3) a coaxial cable to carry the signal to the satellite receiver, which transforms the low-frequency signal to a television signal. Satellite Receiver: The satellite receiver resembles a stereo receiver or amplifier with an array of knobs and controls. It is usually located near the TV set and allows tuning of any of the channels coming from the satellite. Another control rotates the dish to select which satellite at which to aim the antenna. Screening: A method of visually shielding or obscuring one (1) abutting or nearby structure or use from another by fencing, walls, berms, or densely planted vegetation. Sectorized Panel Antenna: An array of antennas generally rectangular in shape that are used to transmit and receive telecommunications signals. Semi-Trailer: Any wheeled vehicle, without motive power, which is designed to be used in conjunction with a truck tractor so that some part of its own weight and that of its cargo load rests upon or is carried by such truck tractor, and which is generally and commonly used to carry and transport property over the public highways. Setback: The distance required by this Title to be established between a lot line and closest projection of a building or structure (including driveways and parking areas as required by this Title), measured along a line at right angles to the lot line. Setbacks shall be unobstructed from the ground to the sky except as otherwise specifically allowed in Chapter 16-6 EMC. Setback, Front: A setback that extends across the full width of a lot or site, the depth of which is the distance between the front lot or property line and the furthermost projection of a building or structure along a line at right angles to the front lot line, excluding allowable projections set forth in Chapter 16-6 EMC. Setback, Rear: A setback that extends across the full width of a lot or site, the depth of which is the distance between the rear lot line and the furthermost projection of a building or structure along a line at right angles to the rear lot line, excluding allowable projections set forth in Chapter 16-6 EMC. Setback, Side: A setback on that portion of a lot that is not adjacent to a private or public street. It extends from the rear line of the required front setback, or the front property line of the site where no front setback is required, to the front line of the required rear setback, or the rear property line of the site where no rear setback is required, the width of which is the distance between the side lot or property line and a line parallel thereto on the site. Setback Line: That line that is the required minimum distance from the street right-of-way line or any other lot line that establishes the area within which the principal structure must be erected or placed. Shrub: A self-supporting woody perennial plant of low or medium height characterized by multiple stems and branches continuous from the base, usually not more than ten feet (10') in height at maturity. Sidewalk: That portion of a street right-of-way, paved or otherwise surfaced, intended for pedestrian use only. Sight Triangle: A triangular-shaped portion of land established at street intersections in which nothing is erected, placed, planted, or allowed to grow in such a manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection. Sign: Any object or graphic representation used to advertise, identify, inform, provide direction or attract attention to any idea, person, institution, organization, business, product, service, event or location, by any means including but not limited to: words, letters, graphics, motion, illumination or projected image. DRAFTPage 171 of 313 13 Definitions 16-3-1 DESCRIPTION OF USES Working Draft Title 16: Englewood Development Code December 2022 13-35 Sign, 3-D Object: For the purpose of Section 16-6-13: Signs, 3-D (three-dimensional) objects and devices shall include any sign with length, width, and height dimensions other than principal building and ground signs as defined by this Title. Sign, Accessory and Devices: Any sign permitted without need for a Sign Permit constructed of cloth, canvas, fabric, vinyl banner material, plywood, or other light-weight material and generally intended for display for a short period of time. Accessory signs include but are not limited to banners, 3-D objects, inflatables, wind-driven, sandwich board, human, and similar signs. Wind-driven pennants, streamers, fringes, and balloons allowed as incidental signs under Section 16-6-13(B)(23) shall not be considered accessory signs. Sign, Animated: Any sign or part of a sign that changes physical position by any movement or rotation or that gives the visual impression of such movement. Wind-driven, changeable copy, electronic message displays, and flashing signs shall not be considered animated signs. Sign Area: The entire face of a sign including the surface and any framing, trim or molding, but not including the supporting structure. Sign, Awning: A sign attached or applied to an outdoor awning. Sign, Bus Bench or Shelter: A sign located on benches or shelters placed in the public right-of-way or on private property adjacent to the public right-of-way at a bus stop pursuant to a written agreement with the City which sets forth the regulations for size, placement, design, and materials used in the construction of said signs, benches, and shelters. Sign, Canopy: A sign attached or applied to a canopy. Sign, Drive-Thru: A sign along a drive-through lane. Sign, Electronic Message Display (EMD): A sign that utilizes computer-generated messages or some other electronic means of changing copy. These signs include displays using incandescent lamps, LEDs, LCDs, or a flipper matrix. Sign Face: The display surface made available by the sign structure. Sign, Flashing: Any sign having lights or illumination that blinks, flickers, or varies in intensity at any time when in use. Sign, Ground: Any sign supported by poles, uprights, braces, footers, or foundation extending from the ground but not attached to any part of a building. Sign, Human: An accessory sign which is worn (including costumes), held or attached to a human. Human signs do not include T-shirts, hats, or other similar clothing. Sign, Illuminated: A sign lighted by or exposed to artificial lighting either by lights on or, within the sign, or directed toward the sign. Sign, Mansard Roof: A sign attached to the side of a mansard roof. Sign, Marquee: Any sign attached to or made a part of a permanent roof-like structure supported by a building and projecting over public property. Sign, Monument: A ground sign supported by and integrated with a solid base of footers, or foundation, as opposed to being mounted to poles, posts or other supports. DRAFTPage 172 of 313 13 Definitions 16-3-1 DESCRIPTION OF USES Working Draft Title 16: Englewood Development Code December 2022 13-36 Sign, Multi-Tenant: A sign that serves as a common or collective sign for two (2) or more uses on the same premises. Sign, Nonconforming: Any sign lawful when erected but which, on the effective date of this Title or amendment to, does not conform to the limitations established by this Title. Sign, Pedestal: A portable accessory sign supported by a stand or base. Sign, Pole: A ground sign affixed, attached, or erected on a freestanding pole, posts, or other support that is not itself an integral part of or attached to a building or structure. Sign, Portable: Any accessory sign designed to be easily moved that is not permanently affixed to a building, structure, or embedded in the ground. Sign, Principal: A sign attached to a building, structure, or the ground in some manner that requires a sign permit from the City and is made of durable materials approved by the City. Sign, Projecting: Any sign, other than a wall sign or marquee sign, generally affixed at right angles to a building or wall in such a manner that its leading edge extends more than eighteen inches (18") beyond the surface of such building or wall. Sign, Roof: A sign erected upon and extending above the roofline or parapet of the building or structure. Sign, Sandwich Board: A movable accessory sign constructed in such a manner as to form an "A" or a tent-like shape, hinged or not hinged at the top; each angular face held at an appropriate distance by a supporting member. Sign, Snipe: An off-premises sign that is tacked, nailed, posted, pasted, glued, or otherwise attached to trees, poles, stakes, fences or other objects. Sign, Special Event: A sign placed by individuals conducting events including but not limited to picnics, carnivals, bazaars, game nights, art fairs, and craft shows, or similar activities. Sign, Suspended: A sign suspended from the underside of a horizontal plane of a structure. Sign, Type 1 Temporary Site: An incidental sign posted not more than forty-five (45) calendar days prior to an election involving candidates or issues for the federal, state, or local district in which the property is located. Sign, Type 3 Temporary Site: A temporary sign erected on properties with an active building permit issued by the City of Englewood. Sign, Type 5 Temporary Site Signs: Signs, in the nature of decorations, clearly incidental to and customarily and commonly associated with any holiday. Sign, Wall: A sign attached to, painted on, or erected against a wall of a building, the face (display surface) of which is parallel to the facade of the building and which extends no more than eighteen inches (18") from the wall. Sign, Wind: Any sign set in motion by wind or breeze, such as banners, flags, pennants or other objects or material. Flags of nations, states, or municipalities shall not be classified as wind signs. Sign, Window: A sign posted, applied or affixed in or on a window which sign can be seen through the window from the exterior of the structure but excludes merchandise in a display window. DRAFTPage 173 of 313 13 Definitions 16-3-1 DESCRIPTION OF USES Working Draft Title 16: Englewood Development Code December 2022 13-37 Sign With Backing: Any sign that is displayed upon, against, or through any material or color surface or backing that forms an integral part of such display and differentiates the total display from the background against which it is placed. Sign Without Backing: Any word, letter, emblem, insignia, figure or similar character or group thereof, that is neither backed by, incorporated in or otherwise made part of any other display. Signable Area: That area of a building facade up to the roofline or top of the wall that is free of windows and doors or major architectural detail. Single Ownership: Ownership by one (1) or more persons in any form of ownership of a lot or lots partially or entirely in the same ownership. Site Improvement Plan: The development plan for one (1) or more lots on which is shown the existing and proposed conditions of the lot including: topography, vegetation, drainage, flood plains, open spaces, walkways, means of ingress and egress, utility services, landscaping, buildings, structures, and signs, lighting, and screening devices, and any other information that reasonably may be required in order that an informed decision can be made by the approving authority. Site-Specific Development Plan: Any of the following applications as defined in this Title, if designated by the applicant as a site-specific development plan for the establishment of vested property rights according to C.R.S. 24-68: (A) Final subdivision plat; (B) Conditional use permits; and (C) Site Improvement Plans (including site plans for PUDs). The site-specific development plan shall describe with reasonable certainty the type and intensity of use proposed for a specific parcel or parcels of property. Small Animal: Dogs, cats, rodents, birds, reptiles, fish, and any other species of domestic animal that is sold or retained as a household pet, but does not include skunks, nonhuman primates, and other species of wild (typically not domesticated), exotic, or carnivorous animals that may be further restricted in the Englewood Municipal Code. Solid: As relates to the development of fences, walls, and visual barriers, "solid" means a vertical surface with less than fifty percent (50%) open space. Special Event (Carnival/Circus, Fair, Bazaar): A temporary commercial or festive activity or promotion at a specific location, which takes place typically no more than once per year including, but not limited to, carnivals, bazaars, circuses, and festivals. 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, firefighting equipment and 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. Specialized Sign Area: An area of the City where special types or amounts of signage are permitted, encouraged, or required through an action of Council. Specialized sign areas include the South Broadway sign area. DRAFTPage 174 of 313 13 Definitions 16-3-1 DESCRIPTION OF USES Working Draft Title 16: Englewood Development Code December 2022 13-38 Specified Anatomical Areas: As used herein, shall mean and include any of the following: (A) Less than completely and opaquely covered human genitals, pubic region, buttocks, anus or female breasts below a point immediately above the top of the areolae; or (B) Human male genitals in a discernibly turgid state, even if completely and opaquely covered. Specified Sexual Activities: As used herein, shall mean and include any of the following: (A) Human genitals in a state of sexual stimulation or arousal; (B) Acts of human adamitism, analingus, bestiality, cunnilingus, coprophilia, fellation, flagellation, frottage, masochism, masturbation, sadism, sadomasochism, sexual intercourse, sodomy or urolagnia; and (C) Fondling or other erotic touching of human genitals, pubic region, buttock, or female breast. Stand or Standing: The halting of a vehicle, whether occupied or not, other than momentarily for the purpose of and while actually engaged in receiving or discharging passengers. Standard: A mandatory regulation. Noncompliance with a standard may be grounds for denial of a proposal for development, and may subject an applicant or a development to the enforcement and penalty provisions of this Title. Mandatory standards are indicated by use of the terms "shall" and "must." Start of Construction: Includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement was within one hundred eighty (180) days of the permit date. The actual start means the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. Station Area Standards and Guidelines: Refers to the specific document containing detailed development and design standards and guidelines applicable to development in the subject station area and adopted by the City of Englewood, as amended from time to time. Storage: Safekeeping of goods in a warehouse or other place of depository. Storm Water Detention: Any storm drainage technique that retards or detains runoff, such as a detention or retention basin, parking lot storage, rooftop storage, porous pavement, dry wells or any combination thereof. Story: That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between the floor and the ceiling next above it and including those basements used for the principal use. Street: Any public right-of-way for the free passage of persons, trade and commerce, and which affords a principal means of access to property abutting along its length. This term does not include private roads. Streets are classified as follows: (A) Freeway: Provides for expeditious movement of large volumes of through traffic and generally not intended to provide land-access service except by use of grade separation that may be combined with parallel frontage roads. (B) Arterial: Provides for "through" traffic movement connecting major land use elements within the City, and connecting the City and adjacent communities with one another. Direct access is ordinarily provided to abutting property; however, consideration must be given to the control of entrances, exits, and curb use in order that the traffic movement can be relatively unimpeded throughout the City. DRAFTPage 175 of 313 13 Definitions 16-3-1 DESCRIPTION OF USES Working Draft Title 16: Englewood Development Code December 2022 13-39 (C) Minor and major collector street: Provides for traffic movement between arterials and local streets with direct access to abutting property. (D) Residential collector street: A minor collector street that provides access to the interior of a residential subdivision or development from the perimeter streets. (E) Local Street: Provides for direct access to abutting land, and for local traffic movement primarily in residential areas. Street Frontage: The linear distance along a property line adjacent to a public or private street. Street Furniture: Any man-made, aboveground items that are usually found in street rights-of-way, including benches, kiosks, plants, canopies, shelters, lights and phone booths. Structurally Altered: The making of a substantial change in the construction, identity, and use of the present building. Structure: Anything constructed or erected that requires location upon or under the ground or attached to something having location upon or under the ground. Structure (for floodplain purposes): See Section 16-4-16 EMC, Floodplain Definitions. Structure, Permanent: A structure that is built of such materials and in such a way that it would commonly be expected to last and remain useful for a period of time. Structure, Temporary: A structure that is built of such materials and in such a way that it would commonly be expected to have a relatively short life, or is built for a purpose that would commonly be expected to be relatively short, or any structure intended for nonpermanent use or occupancy. Subdivider: Any person or other entity, or any agent thereof, dividing or proposing to divide realty. Subdivision: Any division of land, lot, tract, or parcel into two (2) or more lots, parcels, plats, sites, or other division of land for the purpose of sale, lease, offer or development, whether immediate or future. The term "Subdivision" also includes the creation of condominiums, town home communities, and other forms of airspace ownership or air-right subdivisions, as described and defined in C.R.S. 38-33-101, et seq., as amended. Substantial Damage (for floodplain purposes): See Section 16-4-16 EMC: Floodplain Definitions. Substantial Expansion or Alteration (of a Residential Dwelling): For purposes of the residential design standards in Chapter 16-6 EMC, any construction, reconstruction, or improvement of a principal residential structure that is equal to or greater than twenty-five percent (25%) of the principal structure's total gross floor area existing prior to the expansion or alteration. Substantial Improvement: Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure either: (A) Before the improvement or repair is started; or (B) If the structure has been damaged and is being restored, before the damage occurred. For the purpose of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either: (A) Any project for improvement of a structure to comply with existing State or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions; or (B) Any alteration of a structure listed on the National Register of Historic Places or a State inventory of historic places. DRAFTPage 176 of 313 13 Definitions 16-3-1 DESCRIPTION OF USES Working Draft Title 16: Englewood Development Code December 2022 13-40 Substantial Improvement (for floodplain purposes): See Section 16-4-16 EMC: Floodplain Definitions. Surface Water: Water on the earth's surface exposed to the atmosphere as rivers, lakes, or streams. Swimming Pool: Any structure, portable or permanent, containing a body of water twelve inches (12") or more in depth, intended for recreational purposes, including a wading pool; but not including an ornamental reflecting pool or fish pond or similar type of pool not to be used for swimming or wading. Tangible Personal Property: All personal property other than choses in action, securities, or printed evidences of indebtedness, which property is deposited with or otherwise actually delivered into the possession of a pawnbroker in the course of business in connection with a contract for purchase or purchase transaction. Telecommunication Facility: A use category composed of facilities that transmit analog or digital voice or communications information between or among points using electromagnetic signals via antennas, microwave dishes, and similar structures. Supporting equipment includes buildings, shelters, cabinets, towers, electrical equipment, parking areas, and other accessory development. Telecommunications Provider: Includes every person or entity that provides telecommunications service utilizing telecommunications facilities. Telecommunications Service: The providing or offering for rent, sale or lease, or in exchange for other value received, of the transmittal of voice, data, image, graphic and video programming information between or among points by wire, cable, fiber optics laser, microwave, radio, satellite or similar facilities, with or without the benefit of any closed transmission medium. Tent/Canopy: A temporary structure or enclosure, the roof of which and/or one-half (½) or more of the sides are constructed of silk, cotton, canvas, fabric, or a similar pliable material. Topography: The configuration of a surface area showing relative elevations. Tower Structure: A specific type of telecommunication facility use. Any structure that is designed and constructed primarily for the purpose of supporting one (1) or more antennas, including self-supporting lattice towers, guy towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers, alternative tower structures, and the like. See definition of "Telecommunication Facility." Tower Structure, Alternative: A specific type of telecommunication facility use. Any man-made trees, clock towers, bell steeples, light poles, water towers and similar alternative design mounting structures that camouflage or conceal the presence of antennas or towers. See definition of "Telecommunication Facility." Trail: A tract of land designated and used by the public for walking, hiking, biking, and/or horseback riding, including a facility for the parking of motor vehicles that provides safe access to the trail (trail head). Trailer: Any wheeled vehicle, without motive power having an empty weight of more than two thousand (2,000) pounds, 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. Transition Duration: The time interval it takes a display to change from one static frame to another. Transition Method: A visual effect used to transition from one frame to another. Transition methods include, but are not limited to dissolve, fade, scroll and travel. DRAFTPage 177 of 313 13 Definitions 16-3-1 DESCRIPTION OF USES Working Draft Title 16: Englewood Development Code December 2022 13-41 Tree: Large, self-supporting woody perennial plant that normally grows to a mature height of at least fifteen feet (15'), usually with one (1) main stem or trunk and many branches. May be deciduous or evergreen. 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. Use: Any purpose for which a building or other structure or a tract of land may be designed, arranged, intended, maintained, or occupied; or, any activity, occupation, business, or operation carried on, or intended to be carried on, in a building or other structure or on a tract of land. Variance: A grant of relief from the requirements of this Title that permits construction in a manner that would otherwise be prohibited by this Title. Vegetative Protection: Stabilization of erosive or sediment producing areas by covering the soil with permanent or short-term seeding, mulching or sodding. Vehicle: Any device which is capable of moving itself, or being moved, from place to place upon wheels or endless tracks; but such term shall not mean or include any farm tractor or any implement of husbandry designed primarily or exclusively for use and used in agricultural operations, or any device moved by muscular power, or moved exclusively over stationary rails or tracks, or designed to move primarily through the air. Vehicle, Motor: A self-propelled device used for transportation of people or goods over land surfaces and licensed as a motor vehicle. Vested Property Right: The right to undertake and complete the type and intensity of development and use of property under the terms and conditions of an approved site-specific development plan for a period of three (3) years from the date of approval. Vested property rights may include the number and type of units or the type and amount of square footage of development described on an approved site-specific development plan, but shall not include any aspect of the site-specific development plan that does not directly affect the type or intensity of use, such as but not limited to signage, landscaping, streets, utilities, parking, or drainage. Violation: Generally, the failure of a land use, building, structure, or other development to be fully compliant with this Title's requirements. Violation (for floodplain purposes): See Section 16-4-16 EMC: Floodplain Definitions. Visible Sight Triangle: See definition of "Sight Triangle." Visual Barrier: A solid (opaque) vertical surface other than a fence or wall, such as an evergreen hedge or other landscaping that for at least three (3) months of a year has foliage that creates a solid surface. Wall: (A) The vertical exterior surface of a building. (B) Vertical interior surfaces that divide a building's space into rooms. Wall Mural: A picture painted on any exterior wall of a principal building, including but not limited to: non- commercial art, painted images, or the restoration of a previously existing wall painting. Whip Antenna: An antenna that is cylindrical in shape. Whip antennas can be directional or omnidirectional and vary in size depending upon the frequency and gain for which they are designed. DRAFTPage 178 of 313 13 Definitions 16-3-1 DESCRIPTION OF USES Working Draft Title 16: Englewood Development Code December 2022 13-42 Window Area: The area of all windows on the first floor of a building that face or are visible from one (1) public right-of-way. Work of Art: All forms of original creations of visual art, including but not limited to: (1) sculpture, in any material or combination of materials, whether in the round, bas-relief, high relief, mobile, fountain, kinetic, or electronic; or (2) painting, whether portable or permanently fixed, as in the case of murals; or (3) mosaics; or (4) photographs; or (5) crafts made from clay, fiber and textiles, wood, glass, metal, plastics, or any other material, or any combination thereof; or (6) calligraphy; or (7) mixed media composed of any combination of forms or media; or (8) unique architectural stylings or embellishments, including architectural crafts; or (9) environmental landscaping; or (10) restoration or renovation of existing works of art of historical significance. Xeriscape: Landscape methods that conserve water through the use of drought-tolerant plants and planting techniques. Yard: An existing open space, other than a court, on the same lot with a principal building or structure, that is open, and unoccupied by buildings. A "yard," in contrast to a "setback," is the open space on a lot that is established by the actual placement of a principal building and accessory structures; in some cases, the resulting yard may be greater in area than a required minimum setback. Yard, Front: A yard extending across the full width of the lot between the front lot line and the nearest line or point of the principal building. 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. Yard, Required: See definition of "Setback." 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. Zone District: An area within which certain uses of land and buildings are permitted and certain others are prohibited, yards and other open spaces are required, lot areas, building height limits and other requirements are established, all of the foregoing being identical to all of the properties within the zone district. DRAFTPage 179 of 313 City Council Work Session February 27, 2023 Signs (Chapter 9) Telecommunications (Chapter 11) Historic Preservation (Chapter 12) Definitions (Chapter 13)Page 180 of 313 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 Page 181 of 313 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  General Updates  Page 182 of 313 Procedures Chapter 9 Signs 16-9-1 Intent 16-9-2 Applicability 16-9-3 Exempt Signs 16-9-4 Sign Types & Allowances 16-9-5 Standards for Specific Signs 16-9-6 General Standards – All Signs Key Changes Reorganize / clarify current standards with no significant substantive changes Generalize some standards for content neutrality Simplified permitting – defer to staff administered applications and forms Expand and generalize exempt signs (no permit, but limits and standards apply) •Accommodate routine occurrences •Simplify temporary signs (“content neutral”) Group permitted sign allowance in 4 basic types •Ground signs •Building signs •Pedestrian signs •Temporary signs Retain but refine the current allowance based on lot and/or building frontage.Page 183 of 313 Key Changes Currently being revised through separate process Non-substantive formatting and organization changes to current telecommunications provisions (Chapter 7, 16-7-1 through 16-7-13) Procedures Chapter 11 Telecommunications 16-11-1 TBD Chapter 12 Historic Preservation 16-12-1 TBD Historic Preservation standards drafted and proposed as part of a separate parallel effort. Relocate current HP provisions in single section (16-5-3; 16- 6-11), with staff and committee recommended amendments Formalize roles and responsibilities of HPC Page 184 of 313 Procedures Chapter 13 Definitions 16-13-1 Description of Uses 16-13-2 Defined Terms Key Changes Separation “use descriptions” from defined terms •Coordinate with new approach in sue table •Add flexibility for interpretation – similar uses and/or uses not in table Definitions will be coordinated with final draft: •Eliminate definitions of terms no longer used or definitions that are restatements of standards •Purge definitions that use “plain and ordinary meaning” •Define new terms where necessary Page 185 of 313 Discussion Page 186 of 313 Request No.: CRT - 0543 COUNCIL REQUEST MEMO TO: Mayor and Council REQUESTOR: Mayor Sierra FROM: Nancy Fenton DEPARTMENT: Community Development DATE: February 13, 2023 SUBJECT: Can Council be provided with a summary of community engagement activities related to CodeNext since the project began in 2020? RESPONSE: Attached is a detailed timeline of community outreach for the CodeNext project, including social media posts. Additional public outreach is planned for Spring 2023, prior to the submission of the redrafted code for consideration for adoption by city council. Page 187 of 313 CodeNext Public Outreach 2020 July 27, 2020 Joint Session with City Council and Planning and Zoning Commission August 10, 2020 Steering Committee formed by city council August 20, 2020 Steering Committee meeting Fall 2020 Article in Englewood Citizen September 1, 2020 Project page launched on city website September 2, 2020 Telephone Town Hall Introductory Questionnaire released Results are included in UDC Assessment Report September 3, 2020 Yard Signs w/QR Code; Posters with QR Code and Park Event Dates Specific locations are listed in the UDC Assessment Report September 9, 2020 Video of Mayor promoting park events September 13, 2020 Public Event at Duncan Park September 15, 2020 Focus Groups: Businesses, Residents, Developers, Staff September 16, 2020 Focus Groups: Businesses, Residents, Developers Historic Preservation Commission September 17, 2020 Focus Groups: Residents, Public Event at Jason Park UDC Steering Committee Meeting Promoted at City Movie Night September 25, 2020 Quick Poll on Accessory Dwelling Units Results are included in the UDC Assessment Report September 26, 2020 Public Event at Bates Logan Park September 29, 2020 Public Event at Baker Park October 1, 2020 Public Event at Centennial Park October 6, 2020 Planning and Zoning Commission Meeting October 8, 2020 Transportation Advisory Committee Meeting Page 188 of 313 October 14, 2020 Alliance for Commerce in Englewood Meeting Board of Adjustment and Appeals Meeting October 23, 2020 Quick Poll on Attainable Housing Results are included in the UDC Assessment Report October 29, 2020 Steering Committee Meeting November 2, 2020 Quick Poll on Parking Results are included in the UDC Assessment Report November 19, 2020 Steering Committee Meeting November 30, 2020 Mailing to all Englewood addresses “Join the Conservation” December 1, 2020 Launched 9 informational planning videos December 2, 2020 Open House 2021 Social media outreach for 2021/2022. See attached. Updates in Community Development monthly newsletter. https://www.englewoodco.gov/government/city- departments/community-development/newsletter May 25, 2021 Steering Committee Meeting June 14, 2021 Launched Englewood Engaged project page July 19, 2021 City council approved contract with Gould Evans (Multi-Studio) August 3, 2021 Steering Committee Meeting August 17, 2021 Steering Committee Meeting September 8, 2021 Steering Committee Meeting September 21, 2021 Steering Committee Meeting October 5, 2021 Steering Committee Meeting October 19, 2021 Steering Committee Meeting November 2021 Survey – Walkability and Street Design November 1, 2021 City Council Study Session Page 189 of 313 November 2, 2021 Steering Committee Meeting November 16, 2021 Steering Committee Meeting November 21, 2021 City Council Study Session December 7, 2021 Steering Committee Meeting 2022 January 8, 2022 Started advertising for February 17 community town hall January 19, 2022 Steering Committee Meeting February 7, 2022 City Council Study Session February 17, 2022 Community Town Hall February 21, 2022 Article in Littleton Independent March 2022 Educational Videos and Articles posted on project page and social media March 10, 2022 Video announcing April 14, 2022 Community Workshop March 22, 2022 Steering Committee Meeting April 14, 2022 Community Workshop April – May, 2022 Community Survey Deeper Dive Informational Materials promoted April 27, 2022 Update to EDDA Board May 9, 2022 City Council Study Session May 17, 2022 Steering Committee Meeting May 18, 2022 Update to Historic Preservation Commission June 21, 2022 Steering Committee Meeting July 19, 2022 Steering Committee Meeting August 16, 2022 Steering Committee Meeting August 22, 2022 City Council Study Session September 12, 2022 City Council Study Session Page 190 of 313 September 20, 2022 Steering Committee Meeting October 4, 2022 Steering Committee Meeting October 18, 2022 Steering Committee Meeting October 19, 2022 Update to Historic Preservation Commission November 7, 2022 City Council Study Session November 8, 2022 Steering Committee Meeting November 14, 2022 City Council Study Session November 16, 2022 Update to Historic Preservation Commission November 21, 2022 City Council Study Session November 28, 2022 City Council Study Session December 5, 2022 City Council Study Session December 6, 2022 Steering Committee Meeting December 21, 2022 Working Session with Historic Preservation Commission/staff/consultant 2023 January 12, 2023 Steering Committee Meeting January 23, 2023 City Council Study Session February 21, 2023 City Council Study Session February 22, 2023 Steering Committee Meeting Page 191 of 313 CodeNext January 1, 2021 - December 31, 2022 Page 192 of 313 Post insights City of Englewood, CO - Gove rnme nt Sorted by Reactions March 21, 2022 06:10pm Post Clicks 359 23 478 445 82.85% Spend — April 18, 2022 07:06pm Post Clicks 118 17 1,706 1,632 8.21% Spend — June 20, 2022 04:09pm Post Clicks 134 13 1,334 1,254 11.54% Spend — May 23, 2022 04:03pm Post Clicks 203 12 1,912 1,818 11.66% Spend — April 4, 2022 06:45pm Post Clicks 37 8 1,371 1,316 3.50% Spend — Showing 30 posts ltered by codenext On April 14, city staff and the Englewood Unied Development Code project team will conduct a community workshop to gather ideas from members of the Englewood community about how the future development of the city should be shaped through our development regulations. The effort to Reactions Impressions Reach Eng. Rate CodeNext, the new unied development code, will include rules and regulations that will guide the development of Englewood for years to come. One of the topics covered will be neighborhood character. The below points could be made to shape the future of the city. Street and streetscape Reactions Impressions Reach Eng. Rate CodeNext, the new unied development code, will include rules and regulations that will guide the development of Englewood for years to come. One of the topics covered will be neighborhood character. Quality design can be incorporated into the development code by focusing on a few Reactions Impressions Reach Eng. Rate CodeNext, the new unied development code, will include rules and regulations that will guide the development of Englewood for years to come. One of the topics covered will be housing options. Housing can contribute to Englewood becoming a lifelong community for residents, providing Reactions Impressions Reach Eng. Rate CodeNext, the new unied development code, will include rules and regulations that will guide the development of Englewood for years to come. One of the topics covered will be housing. The below points could be made to shape the future of the city. Housing Options Apartments & Mixed Use Reactions Impressions Reach Eng. Rate Page 193 of 313 April 11, 2022 07:54pm Post Clicks 11 7 824 798 2.18% Spend — June 6, 2022 05:24pm Post Clicks 6 6 757 721 1.59% Spend — May 9, 2022 06:00pm Post Clicks 56 5 1,038 1,001 5.97% Spend — November 18, 2021 04:51pm Post Clicks 8 5 638 607 2.04% Spend — October 29, 2021 05:32pm Post Clicks 19 4 840 798 2.74% Spend — June 15, 2021 07:16pm Post Clicks 18 4 665 631 3.31% Spend — CodeNext, the new unied development code, will include rules and regulations that will guide the development of Englewood for years to come. One of the topics covered will be street design. The below points could be made to shape the future of the city. Improved access for people with Reactions Impressions Reach Eng. Rate CodeNext, the new unied development code UDC , will include rules and regulations that will guide the development of Englewood for years to come. One of the topics covered will be street design in regards to walkability. The below issues are being considered as the city re-writes the UDC. Reactions Impressions Reach Eng. Rate CodeNext, the new unied development code, will include rules and regulations that will guide the development of Englewood for years to come. One of the topics covered will be parking. Parking can provide a positive impact in a community through attention to its design, performance and Reactions Impressions Reach Eng. Rate CodeNext: Unied Development Code Are you passionate about Englewood architecture Parking Street design Now is your time to shine! The City of Englewood is updating its development regulations, known as the Unied Development Code UDC . The UDC regulates such things as zoning, Reactions Impressions Reach Eng. Rate We want to hear from you on ideas and designs to increase Englewood’s walkability! Englew ood Forward Comprehensive Plan encourages land use patterns and urban designs that reduce dependency on automobiles and strengthens pedestrian and bicycle connectivity in new Reactions Impressions Reach Eng. Rate Announcing CodeNext There is a new project on the Englewood Engaged platform! CodeNext represents the update of Englewood’s comprehensive framework of development regulations, or Unied Development Code UDC , to ensure quality development for all generations. Reactions Impressions Reach Eng. Rate Page 194 of 313 December 17, 2021 04:23pm Post Clicks 47 4 1,033 977 5.13% Spend — June 30, 2021 04:54pm Post Clicks 41 4 777 709 5.92% Spend — September 30, 2022 05:00pm Post Clicks 5 3 352 335 2.27% Spend — November 7, 2022 02:59pm Post Clicks 11 3 297 279 5.05% Spend — October 26, 2021 01:49pm Post Clicks 12 3 686 642 2.19% Spend — May 9, 2022 04:47pm Post Clicks 24 3 413 378 6.78% Spend — CodeNext: Unied Development Code Are you passionate about Englewood architecture Parking Street design Now is your time to shine! The City of Englewood is updating its development regulations, known as the Unied Development Code UDC . The UDC regulates such things as zoning, Reactions Impressions Reach Eng. Rate CodeNext: Unied Development Code UDC CodeNext represents the update of Englewood’s comprehensive framework of development regulations, or Unied Development Code, to ensure quality development for all generations. Watch the video to learn more! Explore CodeNext at: Reactions Impressions Reach Eng. Rate On September 12, Root Policy Research presented an update on the city’s Housing Needs Assessment to city council. This assessment will ultimately help inuence the city’s approach to affordable housing in the update of the Unied Development Code, also known as the CodeNext Reactions Impressions Reach Eng. Rate Tonight, November 7, city council will hold a regular meeting at 6 p.m. Items on the Agenda: Update on CodeNext Amending the Englewood Municipal Code Regarding Trees and Shrubs Adopting the Economic Development Strategic Plan Amending Englewood Municipal Code to Reactions Impressions Reach Eng. Rate Have you heard about CodeNext, the city's update to its development regulations, known as the Unied Development Code UDC The UDC regulates such things as zoning, what can be built in various zone districts, building setbacks, height, parking, landscaping, and much more. A 15-member Reactions Impressions Reach Eng. Rate Tonight, city council will hold a study session at 6 p.m. Tonight city council will discuss: Update on Economic Development Strategy An update on CodeNext, the city’s Unied Development Code The Organized Garbage & Recycling Collection Initiative View the complete agenda and watch the Reactions Impressions Reach Eng. Rate Page 195 of 313 February 18, 2022 05:21pm Post Clicks 5 2 482 444 1.45% Spend — March 25, 2022 04:55pm Post Clicks 3 2 484 451 1.03% Spend — December 13, 2021 06:33pm Post Clicks 21 2 690 654 3.33% Spend — November 14, 2022 02:47pm Post Clicks 3 1 350 337 1.14% Spend — February 17, 2022 03:54pm Post Clicks 5 1 525 502 1.33% Spend — February 14, 2022 06:30pm Post Clicks 3 1 478 453 0.84% Spend — On Thursday, February 17, the city held a public meeting and received important public feedback designed to guide Englewood’s growth and create a framework to help improve our quality of life by updating our land use and development code. To view the CodeNext meeting, please visit: Reactions Impressions Reach Eng. Rate Upcoming Community Workshop On April 14, city staff and the E... Upcoming Community Workshop On April 14, city staff and the Englewood Unied Development Code project team will conduct a community workshop to gather ideas from members of the Englew ood community about how the future development of the city should be shaped through our Reactions Impressions Reach Eng. Rate The numbers are in, the technology is here, the benets are clear -- and the move is on. Business persons are taking up a new eco-sensitive way of doing business: They're staying home! Home occupations are permitted in all areas of Englewood as a secondary use to the main residence and Reactions Impressions Reach Eng. Rate Tonight, November 14, city council will hold a study session at 6 p.m. City council will discuss: Alternatives for Wastewater Infrastructure Ownership Utilities Customer Assistance Program Update CodeNext: Mobility, Access and Public Realm Design Provisions View the complete agenda Reactions Impressions Reach Eng. Rate Englewood has an exciting vision for the future, developed through the recent comprehensive plan update. Join the city in updating our land use and development code, CodeNext, tonight, Thursday, February 17 from 6 – 7:30 p.m. in the 2nd oor community room at the Civic Center. You can also Reactions Impressions Reach Eng. Rate Englewood has an exciting vision for the future, developed through the recent comprehensive plan update. Join the city in updating our land use and development code, CodeNext, on Thursday, February 17 from 6 – 7:30 p.m. in the 2nd oor community room at the Civic Center. You can also Reactions Impressions Reach Eng. Rate Page 196 of 313 February 9, 2022 08:00pm Post Clicks 1 1 458 434 0.44% Spend — February 4, 2022 08:00pm Post Clicks 0 1 554 526 0.18% Spend — November 21, 2022 03:34pm Post Clicks 1 0 231 225 0.43% Spend — November 28, 2022 02:32pm Post Clicks 3 0 317 310 0.95% Spend — June 21, 2021 02:00pm Post Clicks 11 0 723 683 1.52% Spend — December 23, 2021 09:00pm Post Clicks 0 0 0 0 0% Spend — Join the city in updating our land use and development code, CodeNext, on Thursday, February 17 from 6 – 7:30 p.m. in the 2nd oor community room at the Civic Center. The meeting will highlight ways to get involved in the conversation, and the city’s next steps in the process. You can also attend Reactions Impressions Reach Eng. Rate Englewood has an exiting vision for the future, developed through the recent comprehensive plan update. Join the city in updating our land use and development code, CodeNext, on Thursday, February 17 from 6 – 7:30 p.m. in the 2nd oor community room at the Civic Center. You can also Reactions Impressions Reach Eng. Rate Tonight, November 21, city council will hold a regular meeting at 6 p.m. Items on the Agenda: CodeNext Update Regarding Sustainability Proclamation Recognizing Small Business Saturday Increase the Waste Transfer Surcharge Amendments to the Englewood Municipal Code View the Reactions Impressions Reach Eng. Rate Tonight, November 28, city council will hold a study session at 6 p.m. City council will discuss: City Charter Review Project October 2022 Monthly Financial Report Housing Assessment Study Update CodeNext: Housing and Neighborhoods View the complete agenda at Reactions Impressions Reach Eng. Rate Check Out Englewood Engaged Englewood Engaged is our community engagement platform that gives you the opportunity to follow along with the projects and topics that you are most interested in. Here are the current projects or topics you can follow: CodeNext: Unied Reactions Impressions Reach Eng. Rate Sign-Up for Updates on CodeNext Are you passionate about Englewood architecture Parking Street design The City of Englewood is updating its development regulations, known as the Unied Development Code UDC . The UDC regulates such things as zoning, what can be built in various zone Reactions Impressions Reach Eng. Rate Page 197 of 313 August 22, 2022 02:14pm Post Clicks 2 0 198 185 1.01% Spend — Tonight, August 22, city council will hold a study session at 6 p.m. Items on the Agenda: Monthly Financial Report City Charter Review Project CodeNext Project Update View the complete agenda at https://bit.ly/3T1YIV4. Watch the meeting live on YouTube at https://bit.ly/3zWVQQt. Reactions Impressions Reach Eng. Rate Tweet insights NewsEnglewoodCO Sorted by Likes February 17, 2022 03:34pm 0 0 2 461 0.90% December 13, 2021 06:33pm 2 0 1 194 1.50% April 18, 2022 07:13pm 0 0 1 258 0.80% April 11, 2022 07:56pm 0 0 1 295 0.70% Showing 18 posts ltered by codenext Englewood has an exciting vision for the future, developed throu... Englew ood has an exciting vision for the future, developed through the recent comprehensive plan update. Join the city in updating our land use and development code, CodeNext, tonight, February 17, from 6 – 7:30 p.m. in the 2nd oor community room at the Civic Center. 1/2 Clicks Retweets Likes Impressions Eng. Rate One objective of CodeNext is to incorporate more exibility wit... One objective of CodeNext is to incorporate more exibility within the home occupation use to address various types of at-home work situations. To learn more and provide us your thoughts please visit: https://t.co/u1jqO2s6eC https://t.co/MctSu97QIq Clicks Retweets Likes Impressions Eng. Rate CodeNext, the new unied development code, will include rules a... CodeNext, the new unied development code, will include rules and regulations that will guide the development of Englewood for years to come. One of the topics covered will be neighborhood character. The below points could be made to shape the future of the city. https://t.co/bIACBj0Yng Clicks Retweets Likes Impressions Eng. Rate CodeNext, the new unied development code, will include rules a... CodeNext, the new unied development code, will include rules and regulations that will guide the development of Englewood for years to come. One of the topics covered will be street design. The below points could be made to shape the future of the city. Improved access for Clicks Retweets Likes Impressions Eng. Rate Page 198 of 313 June 20, 2022 04:12pm 0 1 1 251 1.20% February 14, 2022 06:30pm 0 0 1 139 0.70% June 6, 2022 05:26pm 1 0 0 171 0.60% May 23, 2022 04:04pm 0 0 0 308 0.60% May 9, 2022 05:22pm 0 0 0 178 0.60% May 9, 2022 04:45pm 2 0 0 122 1.60% CodeNext, the new unied development code, will include rules a... CodeNext, the new unied development code, will include rules and regulations that will guide the development of Englewood for years to come. One of the topics covered will be neighborhood character. Quality design can be incorporated into the development code by focusing on a Clicks Retweets Likes Impressions Eng. Rate Join the city in updating our land use and developme nt code, Cod... Join the city in updating our land use and development code, CodeNext, on 2/17 from 6–7:30 pm at the Civic Center. The meeting will highlight ways to get involved in the conversation, and the city’s next steps in the process. You can also attend virtually https://t.co/KuTrbud5Hb Clicks Retweets Likes Impressions Eng. Rate CodeNext, the new unied development code UDC , will include ru... CodeNext, the new unied development code UDC , will include rules and regulations that will guide the development of Englewood for years to come. One of the topics covered will be street design in regards to walkability. Learn more at: https://t.co/xI5VB7R8Zr https://t.co/2KvgJbvCgA Clicks Retweets Likes Impressions Eng. Rate CodeNext, the new unied development code, will include rules a... CodeNext, the new unied development code, will include rules and regulations that will guide the development of Englewood for years to come. One of the topics covered will be housing options. Housing can contribute to Englewood becoming a lifelong community for residents, Clicks Retweets Likes Impressions Eng. Rate CodeNext, the new unied development code, will include rules a... CodeNext, the new unied development code, will include rules and regulations that will guide the development of Englewood for years to come. One of the topics covered will be parking. Parking can provide a positive impact in a community through attention to its design, https://t.co/y2Gnscp74H Clicks Retweets Likes Impressions Eng. Rate Tonight, city council will hold a study se ssion at 6 p.m. Updat... Tonight, city council will hold a study session at 6 p.m. Update on Economic Development Strategy An update on CodeNext, the city’s Unied Development Code Organized Garbage & Recycling Collection Initiative View the agenda and watch the meeting at https://t.co/VM56LycowE Clicks Retweets Likes Impressions Eng. Rate Page 199 of 313 June 15, 2021 07:18pm 4 0 0 231 2.20% June 30, 2021 04:56pm 0 0 0 206 0% October 26, 2021 02:19pm 0 0 0 307 1% November 18, 2021 04:52pm 2 0 0 141 1.40% February 18, 2022 05:21pm 0 0 0 298 0.70% February 10, 2022 08:00pm 1 0 0 108 0.90% There is a new project on Englewood Engaged! CodeNext represents... There is a new project on Englewood Engaged! CodeNext represents the update of Englewood’s comprehensive framework of development regulations, or Unied Development Code UDC , to ensure quality development for all generations. Explore CodeNext at: https://t.co/p3zMmMLEM1 Clicks Retweets Likes Impressions Eng. Rate CodeNext represents the update of Englewood’s comprehensive fram... CodeNext represents the update of Englewood’s comprehensive framework of development regulations, or UDC, to ensure quality development for all generations. Watch the video to learn more at: https://t.co/pR6A7DTJoV Explore CodeNext at: https://t.co/p3zMmMLEM1 Clicks Retweets Likes Impressions Eng. Rate Have you heard about CodeNext, the city's update to its developm... Have you heard about CodeNext, the city's update to its development regulations, known as the Unied Development Code UDC The UDC regulates such things as zoning, what can be built in various zone districts, building setbacks, height, parking, landscaping, and much more. Clicks Retweets Likes Impressions Eng. Rate CodeNext: Unied Development Code Are you passionate about Engl... CodeNext: Unied Development Code Are you passionate about Englewood architecture Parking Street design Now is your time to shine! Visit https://t.co/u1jqO2JH6a where you can watch a video, ask a question, or provide us with your comments. https://t.co/buaOqV0kpW Clicks Retweets Likes Impressions Eng. Rate On Thursday, February 17, the city held a public meeting and re c... On Thursday, February 17, the city held a public meeting and received important public feedback designed to guide Englewood’s growth and create a framework to help improve our quality of life by updating our land use and development code. To view the CodeNext meeting, please 1/2 Clicks Retweets Likes Impressions Eng. Rate Join the city in updating our land use and developme nt code, Cod... Join the city in updating our land use and development code, CodeNext, on 2/17 from 6–7:30 pm at the Civic Center. The meeting will highlight ways to get involved in the conversation, and the city’s next steps in the process. You can also attend virtually: https://t.co/KuTrbud5Hb Clicks Retweets Likes Impressions Eng. Rate Page 200 of 313 April 4, 2022 07:35pm 0 0 0 202 1% February 4, 2022 08:00pm 2 0 0 136 1.50% CodeNext, the new unied development code, will include rules a... CodeNext, the new unied development code, will include rules and regulations that will guide the development of Englewood for years to come. One of the topics covered will be housing. The below points could be made to shape the future of the city. Housing Options https://t.co/k5eDOQtnvT Clicks Retweets Likes Impressions Eng. Rate Englewood has an exiting vision for the future, developed throug... Englew ood has an exiting vision for the future, developed through the recent comprehensive plan update. Join the city in updating our land use & development code, CodeNext, on February 17 from 6 – 7:30 p.m. in the 2nd oor at the Civic Center or virtually https://t.co/KuTrbud5Hb Clicks Retweets Likes Impressions Eng. Rate Page 201 of 313 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Adrian Torres, Brad Anderson DEPARTMENT: Parks, Recreation & Library DATE: February 27, 2023 SUBJECT: Bates/Logan Enhancements DESCRIPTION: Motion to approve a contract with Elite Industries to provide construction services to improve park amenity at Bates Logan in the amount of $703,339.36. RECOMMENDATION: Staff recommends that Council approve, by motion, a contract with Elite Industries to provide construction services to improve park amenities at Bates Logan Park. PREVIOUS COUNCIL ACTION: Council previously approved the following: Resolution No. 11, Series of 2022 (March 21, 2022) Seeking Council approval to submit a grant to Arapahoe County Open Spaces in the amount of $500,000 for replacement of the Bates Logan Park picnic shelter, restrooms, and plaza area. Bill for an Ordinance, 1st reading (September 6, 2022) CB 47 - Approve a bill for an ordinance authorizing an IGA with Arapahoe County accepting the grant from ACOS for Bates Logan Park Improvements. Bill for an Ordinance, 2nd reading (September 19, 2022) CB 47 - Approve a bill for an ordinance authorizing an IGA with Arapahoe County accepting the grant from ACOS for Bates Logan Park Improvements. SUMMARY: The City of Englewood Parks, Recreation, Library, and Golf Department applied for a grant through Arapahoe County Open Space for $500,000 for Bates Logan Amenity Improvements and was awarded the full amount on July 26, 2022. The contract with Elite Industries will complete the installation of a new ADA accessible restroom, picnic pavilion, demo the existing shelter, and relocate the potable water line. COUNCIL ACTION REQUESTED: Parks staff recommends that Council approve, by motion, a contract with Elite Industries in the amount of $703,339 to provide construction services at Bates Logan Park. Page 202 of 313 FINANCIAL IMPLICATIONS: Funding for the project in the amount of $703,339.36 has been budgeted for in the 2023 Open Space Fund. Matching funds for the project are included in the 2023 Open Space Fund under Grant Matching Funds in the amount of $239,815. CONNECTION TO STRATEGIC PLAN: Safety – Protecting our citizens, infrastructure, and environment by providing a safe and accessible park. Infrastructure – Updating, improving, and investing in City’s infrastructure. Governance - Accountable, effective, and efficient with the funding that is provided for these improvements. ATTACHMENTS: Schedule -A- Statement-Bates.Logan Contract Approval Summary Bates.Logan.2023 CRC-12-10_Redacted 21-052_Bates Logan_Plaza Englargement Page 203 of 313 SCHEDULE A OUTLINE OF STATEMENT OF WORK 1. GENERAL Elite Industries, Inc 535 South Gilbert Street Castle Rock, CO 80104 2. NAMES, PHONE NUMBERS AND EMAILS OF PROJECT COORDINATORS Brad Bensko, President, brad@eliteindustriesinc.com 970-980-5581 Adrian Torres, Open Space Manager, atorres@englewoodco.gov 303-762-2538 3. SUMMARY OF PURPOSE FOR STATEMENT OF WORK Elite Industries agrees to construct the Bates-Logan Park Enhancements and other improvements as detailed in the drawings and specifications per RFP-22-048 and bid alternates. 4. EQUIPMENT AND PROGRAMMING TO BE PROVIDED BY CITY (IF ANY) Elite Industries will provide all equipment necessary for the Park Improvements to include, but not limited to: • Mini Excavator 26 (2) • Toro Dingo’s (2) • Bobcat Skid Steers • Dump Truck • Misc. Hand tools 5. OTHER CONSULTANT RESOURCES Subcontractors as identified by Elite Industries: • Tarin Construction – Installation of all concrete 6. DESCRIPTION OF WORK PRODUCT AND DELIVERABLES The primary components of the project include constructing a new pavilion and a new restroom to replace outdated structures. These new structures will be constructed close together to improve movement between the pavilion, restrooms, and park amenities. As part of the project the restrooms, pavilion and parking area will include ADA upgrades increasing accessibility. Proposed site improvement includes 5 picnic tables, 2 trash receptables, 2 bike racks, and a drinking fountain. Please see 100% construction drawing and technical specifications for more details. Page 204 of 313 The City of Englewood reserves the right to include any or all bid alternates. At this time, the City anticipates the following alternates: • Alternate ‘A’: Plaza focal point between Shelter and Restroom ($21,932.50) • Alternate ‘C’: Demo existing shelter ($24,455.00) • Alternate ‘D’: Intercept water service and install new route to restroom ($22,165.00) 7. SPECIAL TERMS, IF ANY None 8. MODE OF PAYMENT By check upon receiving invoice. 9. PAYMENT SCHEDULE Contractor will be paid monthly pending percentage of completed work. 10. SCHEDULE AND PERFORMANCE MILESTONES Based on Bates/Logan Park o Phase 1 Amenity Improvements  Site Demolition  Site Improvements: • Concrete • Bike Rack • Trash Receptacle • Barbeque Grill • Picnic Tables  Site Improvements: Restroom – final connection to utilities and site prep  Site Improvements: Picnic Shelter  Landscape & Irrigation Repairs/Improvements  Utilities o Bid Alternate ‘A’ – Plaza Focal Point between Shelter and Restroom o Bid Alternate ‘C’ – Demo existing shelter o Bid Alternate ‘D’ – Intercept water service and install new route to restroom 11. ACCEPTANCE AND TESTING PROCEDURES City staff will approve all construction and provide punch list items as needed. 12. LOCATION OF WORK FACILITIES All work will be completed by Elite Industries at Bates Logan Park: 2938 S Logan Street, Englewood, CO 80113 Page 205 of 313 IN WITNESS WHEREOF, pursuant and in accordance with the Professional Services Agreement between the parties hereto dated _______________, 20__, the parties have executed this Statement of Work as of this ______ day of ________________, 20__. CITY OF ENGLEWOOD, COLORADO By: (Signature) ____________ _____________________ (Print Name) Title: ___________________ Date: _______________________________ ELITE INDUSTRIES Consultant Name By: (Signature) _________________________________ (Print Name) Title: Date: _______________________________ Page 206 of 313 Contract Number City Contact Information: Staff Contact Person Phone Title Email Summary of Terms: Original Contract Amount Start Date 1/1/2022 Amendment Amount End Date 12/31/2022 Amended Contract Amount Total Term in Years 1.00 Vendor Contact Information: Name Contact Addres Phone Email Castle Rock CO City State Zip Code Contract Type: Please select from the drop down list Description of Contract Work/Services Procurement Justification of Contract Work/Services Payment or Revenue terms (please describe terms or attached schedule if based on deliverables) 303-722-0700 ben@eliteindustriesinc.com Ben Bensko The primary components of the project include constructing a new pavilion and a new restroom to replace the outdated structures. These new structures will be constructed close together to improve movement between the pavilion, restrooms, and park amenities. As part of the project the restrooms, pavilion and parking area will include ADA upgrades increasing accessibility. Proposed site improvement includes 5 picnic tables, 2 trash receptables, 2 bike racks, and a drinking fountain. Please see 100% construction drawing and technical specifications for more details. The City of Englewood reserves the right to include any or all bid alternates. At this time, the City anticipates the following alternates: Alternate ‘A’: Plaza focal point between Shelter and Restroom ($21,932.50), Alternate ‘C’: Demo existing shelter ($24,455.00), Alternate ‘D’: Intercept water service and install new route to restroom ($22,165.00) RFP-22-048 Bates/Logan Enhancements was issued. We had two contractors submit proposals for the project and Elite Industries, Inc. was the lowest proposal. 80104 $ 703,339 $ - $ 703,339 303-762-2538Adrian Torres atorres@englewoodco.govOpen Space Manager Renewal options available CONTRACT APPROVAL SUMMARY Elite Industries, Inc. 535 S Gilbert St CFC-Contract for Construction Page 207 of 313 CONTRACT APPROVAL SUMMARY Source of Funds: Revenue CAPITAL ONLY A B C 1=A-B-C Capital Tyler New World Spent To Contract Budget Operating Year Project # / Task #Fund Division Account Line Item Description Contract Title Budget Date Amount Remaining C 2023 10-1300-506-01 500,000$ -$ 500,000$ -$ C 2023 10-1300-506-02 239,815$ -$ 203,339$ 36,476$ O -$ -$ -$ -$ O -$ -$ -$ -$ O -$ -$ -$ -$ Total Current Year 739,815$ -$ 703,339$ 36,476$ C -$ -$ -$ -$ C -$ -$ -$ -$ O -$ -$ -$ -$ O -$ -$ -$ -$ O -$ -$ -$ -$ Total - Year Two -$ -$ -$ -$ GRAND TOTAL 739,815$ -$ 703,339$ 36,476$ Process for Choosing Contractor: Solicitation Name and Number Attachment (For Capital Items Only / Expense Line Item Detail is Located in OpenGov): All Other Attachments: Bates/Logan Grant General Ledger Account String Bates/Logan Matching Funds RFP-22-048 Bates/Logan Enhancements NOTES/COMMENTS (if needed): For Operating Line Item Detail, please review information provided in Tyler New World For Capital Items, please review Prior Month's Project Status and Fund Balance Report Solicitation:Evaluation Summary/Bid Tabulation Attached Proposal/Bid Attached Prior Month-End Project Status and Fund Balance Report Evaluation Summary/Bid Tabulation AttachedEvaluation Summary/Bid Tabulation AttachedEvaluation Summary/Bid Tabulation AttachedContract Copy of Original Contract if this is an Amendment Copies of Related Contracts/Conveyances/Documents Addendum(s) Exhibit(s) Certificate of Insurance Page 208 of 313 ___________________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 1 CFC# 23-10 CONTRACT # CFC-23-10 BATES LOGAN PARK AMENITY IMPROVEMENTS Not to exceed $703,339.36 THIS CONTRACT is, made and entered into this ____ day of ______ 20__, by and between the City of Englewood, a municipal corporation of the State of Colorado hereinafter referred to as the “City”, and Elite Industries whose address is 535 S Gilbert St, Castle Rock, CO 80104 hereinafter referred to as (“Contractor”). (THIS CONTRACT IS NOT VALID UNTIL APPROVED, SIGNED, AND DATED ABOVE BY THE CITY.) Commencing on the ____ day of ______, 20__, and continuing for at least ten (10) days thereafter the City advertised that sealed bids and proposals would be received for furnishing all labor, tools, supplies, equipment, materials and everything necessary and required for the following project: PROJECT: Bates Logan Park Amenity Improvements The primary components of the project include constructing a new pavilion and a new restroom to replace outdated structures. These new structures will be constructed close together to improve movement between the pavilion, restrooms, and park amenities. As part of the project the restrooms, pavilion and parking area will include ADA upgrades increasing accessibility. Proposed site improvement includes 5 picnic tables, 2 trash receptables, 2 bike racks, and a drinking fountain. Please see 100% construction drawing and technical specifications for more details. The City of Englewood reserves the right to include any or all bid alternates. At this time, the City anticipates the following alternates: •Alternate ‘A’: Plaza focal point between Shelter and Restroom •Alternate ‘C’: Demo existing shelter •Alternate ‘D’: Intercept water service and install new route to restroom Per RFP-22-048 WHEREAS, proposals pursuant to said advertisement have been received by the City and have been certified by the Director of Parks, Recreation, Library and Golf and forwarded to the Mayor and City Council with a recommendation that a contract for work be awarded to the above named Contractor who was the lowest reliable and responsible bidder therefore; and WHEREAS, pursuant to said recommendation, the City Council has approved the Contract, and the Contract has been awarded to the above named Contractor, and said Contractor is now willing and able to perform all of the work in accordance with the advertisement, and attached bid and proposal. NOW THEREFORE, in consideration of the compensation to be paid and the work to be performed under this contract, the parties mutually agree as follows: Page 209 of 313 ___________________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 2 CFC# 23-10 A. Contract Documents: It is agreed by the parties hereto that the following list of instruments, drawings and documents which are attached or incorporated by reference constitute and shall be incorporated into the ensuing terms and conditions and shall make up the Contract Documents: i. Winning Bid and documents supporting the award of the Bid. ii. Spread sheet of all Bids received and amounts bid for the above project. iii. All Exhibits, Schedules, Attachments and Statements of Work necessary to outline the scope and time line of the project. iv. Certificate of Insurance v. Plans: Revision #2 - Construction Plan Set, Dated: 08-10-2022. Technical Specs, Dated: 08-10- 2022. All additional documents shall be clearly marked and delineated as an Exhibit. Invitation to Bid and Supporting Documents Contract (this instrument) including: Exhibits, Schedules, Attachments and Statements of Work All Bid Response Documents Certificate of Insurance B. Scope of Work: The Contractor agrees to and shall furnish all labor, tools, supplies, equipment, materials and everything necessary for and required to perform and complete all the work described, drawn, set forth, shown, and as set forth in the Attachment A – Statement of Work, and made a part of this Contract. C. Terms of Performance: The Contractor agrees to undertake the performance of the work under this Contract within ten (10) days from being notified to commence work by the Director of Parks, Recreation, Library and Golf. D. Initial Term of Contract: The initial term of this contract shall be for one year. The term of this contract shall begin upon the date that both parties have signed the contract with the work to be completed upon the date set forth in the Attachment A - Statement of Work attached hereto, but at no time shall the contract be longer than a one year period. Elite Industries Inc, reserves the right to track weather days, shipping delays and if the parties desire to extend the contract if mutually agreed upon if required. In the event that the parties desire to extend the contract beyond the one year period, written notice shall be given to the City no later than thirty (30) days prior to the end of the contract by the Contractor. If the City agrees to the request for renewal, the parties shall then enter into an amendment extending this Contract, including an amended Attachment A – Statement of Work, if necessary. Any renewal of this contract is subject to approval by the Englewood City Council. E. Indemnification: The City cannot and by this Contract does not agree to indemnify, hold harmless, exonerate or assume the defense of the Contractor or any other person or entity, for any purpose. The Contractor shall defend, indemnify and save harmless the City, its officers, agents and employees from any and all claims, demands, suits, actions or proceedings of any kind or nature including Worker’s Compensation claims, in any way resulting from or arising out of this Agreement/Contract: provided, however, that the Contractor need not indemnify or save harmless the City, its officers, agents and Page 210 of 313 ___________________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 3 CFC# 23-10 employees from damages resulting from the sole negligence of the City’s officers, agents and employees. F. Contractor's and Subcontractor's Insurance. The Contractor shall not commence work under this contract until he has obtained the insurance required under this paragraph and satisfactory proof of such insurance has been submitted to City. Except for worker’s compensation insurance, the policy shall not be amended or modified and the coverage amounts shall not be reduced without the City’s prior written consent. The City shall be named as an additional insured and be furnished thirty (30) days written notice prior to cancellation. The Contractor shall not allow any subcontractor, employee or agent to commence work on this contract or any subcontract until this insurance has been obtained. i) Insurance Types and Amounts. The City requires the following minimum amounts of insurance coverage: Commercial General Liability in the amount of $3,000,000 per occurrence; Professional Liability Errors and Omissions in the amount of $1,000,000 per occurrence; and Employee Dishonesty and Computer Fraud in the amount of $1,000,000 per occurrence. The above amounts may be amended upward or downward depending on the overall cost of the services provided, the type of project for which this contract has been awarded, and only with the approval of the City. G. Termination of Award for Convenience: The City may terminate the award at any time by giving written notice to the Contractor of such termination and specifying the effective date of such termination, at least thirty (30) days before the effective date of such termination. In that event all finished or unfinished service, reports, material (s) prepared or furnished by the Contractor after the award shall, at the option of the City, become the City’s property. If the award is terminated by the City as provided herein, the Contractor will be paid for the materials and services provided up to the termination date, less payments of compensation previously made. If the award is terminated due to the fault of the Contractor the clause relating to termination of the award for cause, below in subsection H, shall apply. H. Termination of Award for Cause: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner its obligations or if the Contractor shall violate any of the covenants, agreements or stipulations of the award or any of the terms and conditions contained in this Contract, the City shall have the right to terminate the award by giving written notice, no less than thirty (30) days, to the Contractor of such termination and specifying the effective date of termination. In that event, all furnished or unfinished services, at the option of the City, become its property, and the Contractor shall be entitled to receive compensation for any satisfactory actual work completed, documents prepared and completed, or materials furnished. Notwithstanding the above, the Contractor shall not be relieved of the liability to the City for damages sustained by the City by virtue of a breach of the Contract by the Contractor and the City may withhold any payments to the Contractor for the purpose of set off until such time as the exact amount of damages due the City from the Contractor is determined. I. Terms of Payment: The City agrees to pay the Contractor for the performance of all the work required under this contract, and the Contractor agrees to accept as his full and only compensation therefore, such sum or sums of money as may be proper in accordance with the price or prices set forth in the Contractor’s proposal attached and made a part hereof, the total cost thereof being Seven-hundred and three thousand three-hundred thirty-nine dollars and 36 cents. ($703,339.36). A 5% retainage of the awarded project amount will be withheld until final inspection and acceptance by the Project Manager. Page 211 of 313 ___________________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 4 CFC# 23-10 J. Appropriation of Funds: At present, $739,815.00 has been appropriated for the project. Notwithstanding anything else contained in this Agreement to the contrary, 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/Contract 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. The City shall immediately notify the Contractor or its assignee of such occurrence in the event of such termination. K. Liquidated Damages: The City and Contractor recognize that time is of the essence in this Agreement because of the public interest in health and safety, and that the City will suffer financial loss, and inconvenience, if the Work is not complete within the time specified in the bid documents and Attachment A – Statement of Work, plus any extensions thereof that have been agreed to by the Parties. The Parties also recognize the delays, expense and difficulties involved in proving, in a legal proceeding, the actual loss suffered by the City if the Work is not completed on time. Accordingly, instead of requiring any such proof, the City and Contractor agree that as liquidated damages for delay, but not as a penalty, Contractor shall pay the City $500.00 for each day that expires after the time specified for substantial completion until the Work is complete, and $500.00 for each day that expires after the time specified for final completion of the Work. L. Assignment: Contractor shall not, at any time, assign any interest in this Agreement or the other Contract Documents to any person or entity without the prior written consent of the City specifically including, but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law). Any attempted assignment which is not in compliance with the terms hereof shall be null and void. Unless specifically stated to the contrary in any written consent to an Assignment, no Assignment will release or discharge the Assignor from any duty or responsibility under the Contract Documents. M. Contract Binding: It is agreed that this Contract shall be binding on and inure to the benefit of the parties hereto, their heirs, executors, administrators, assigns, and successors. N. State Statute: If this project is for a public works project or public project, as defined in Section 8-49-102(2) C.R.S. the contractor shall comply with 8-17-101 C.R.S. which requires the contractor to use at least eighty percent (80%) Colorado labor for any public works project financed in a whole or in part by State, counties, school districts, or municipal monies. O. Contractors Guarantee: The Contractor shall guarantee that work and associated incidentals shall remain in good order and repair for a period of two (2) years from all causes arising from defective workmanship and materials, and to make all repairs arising from said causes during such period without further compensation. The determination of the necessity for the repair or replacement of said project, and associated incidentals or any portion thereof, shall rest entirely with the Director of Parks, Recreation, Library and Golf whose decision upon the matter shall be final and obligatory upon the Contractor. Elite Industries Inc, cannot provide a warranty for Acts of God, Vandalism, Pet/Rodents/Pest control, Maintenance practices and unreasonable park use by the general public. Page 212 of 313 ___________________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 5 CFC# 23-10 P. Governing Law: This Contract shall be governed by, construed and enforced under the laws of the State of Colorado, excluding statutes related to conflict of laws between different jurisdictions. Q. Disclosure of Confidential Information: The City as an arm of the state is subject to the Colorado Open Records Act, C.R.S. 24-72-201 et. seq. In the event that a Disclosing Party receives an Open Records request, the Disclosing Party shall notify the other party to this Contract. R. Attorney Fees: In the event that either party to this Contract shall commence any action against the other party arising out of or in connection with this Contract, or contesting the validity of the Contract or any provision of this Contract, the prevailing party shall be entitled to recover from the other party reasonable attorney’s fees and related costs, fees and expenses incurred by the prevailing party in connection with such action or proceeding. S. Compliance with the Immigration Reform And Control Act Of 1986. Contractor certifies that Contractor has complied with the United States Immigration Reform and Control Act of 1986. All persons employed by Contractor for the performance of this Contract have completed and signed Form I-9 verifying their identities and authorization for employment. T. Incorporation by Reference. This Contract is made under and conformable to the provisions of Section 4-1-3-4 of Englewood Municipal Code, which provides standard contract provisions for all contractual agreements with the City. Insofar as applicable, the provisions of EMC Section 4-1-3-4 are incorporated herein and made a part hereof by this reference and shall supersede any apparently conflicting provision otherwise contained in this Contract. (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) Page 213 of 313 Page 214 of 313 ___________________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 7 CFC# 23-10 ATTACHMENT A STATEMENT OF WORK 1. GENERAL Elite Industries, Inc 535 South Gilbert Street Castle Rock, CO 80104 2. NAMES, PHONE NUMBERS AND EMAILS OF PROJECT COORDINATORS Brad Bensko, President, brad@eliteindustriesinc.com 970-980-5581 Adrian Torres, Open Space Manager, atorres@englewoodco.gov 303-762-2538 3. SUMMARY OF PURPOSE FOR STATEMENT OF WORK Elite Industries agrees to construct the Bates-Logan Park Enhancements and other improvements as detailed in the drawings and specifications per RFP-22-048 and bid alternates. 4. EQUIPMENT AND PROGRAMMING TO BE PROVIDED BY CITY (IF ANY) Elite Industries will provide all equipment necessary for the Park Improvements to include, but not limited to: • Mini Excavator 26 (2) • Toro Dingo’s (2) • Bobcat Skid Steers • Dump Truck • Misc. Hand tools 5. OTHER CONSULTANT RESOURCES Subcontractors as identified by Elite Industries: • Tarin Construction – Installation of all concrete 6. DESCRIPTION OF WORK PRODUCT AND DELIVERABLES The primary components of the project include constructing a new pavilion and a new restroom to replace outdated structures. These new structures will be constructed close together to improve movement between the pavilion, restrooms, and park amenities. As part of the project the restrooms, pavilion and parking area will include ADA upgrades increasing accessibility. Proposed site improvement includes 5 picnic tables, 2 trash receptables, 2 bike racks, and a drinking fountain. Please see 100% construction drawing and technical specifications for more details. Page 215 of 313 ___________________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 8 CFC# 23-10 The City of Englewood reserves the right to include any or all bid alternates. At this time, the City anticipates the following alternates: • Alternate ‘A’: Plaza focal point between Shelter and Restroom ($21,932.50) • Alternate ‘C’: Demo existing shelter ($24,455.00) • Alternate ‘D’: Intercept water service and install new route to restroom ($22,165.00) The City reserves the right to negotiate other alternates and future Phases of Bates Logan Park Amenity Improvements with Elite Industries as needed. 7. SPECIAL TERMS, IF ANY None 8. MODE OF PAYMENT By check upon receiving invoice. 9. PAYMENT SCHEDULE Contractor will be paid monthly pending percentage of completed work. 10. SCHEDULE AND PERFORMANCE MILESTONES Based on Bates/Logan Park o Phase 1 Amenity Improvements  Site Demolition  Site Improvements: • Concrete • Bike Rack • Trash Receptacle • Barbeque Grill • Picnic Tables  Site Improvements: Restroom – final connection to utilities and site prep  Site Improvements: Picnic Shelter  Landscape & Irrigation Repairs/Improvements  Utilities o Bid Alternate ‘A’ – Plaza Focal Point between Shelter and Restroom o Bid Alternate ‘C’ – Demo existing shelter o Bid Alternate ‘D’ – Intercept water service and install new route to restroom 11. ACCEPTANCE AND TESTING PROCEDURES City staff will approve all construction and provide punch list items as needed. 12. LOCATION OF WORK FACILITIES All work will be completed by Elite Industries at Bates Logan Park: 2938 S Logan Street, Englewood, CO 80113 Page 216 of 313 Page 217 of 313 ___________________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 10 CFC# 23-10 ATTACHMENT B CONTRACTOR’S PROPOSAL Page 218 of 313 Page 219 of 313 Page 220 of 313 Page 221 of 313 Page 222 of 313 Page 223 of 313 Page 224 of 313 Page 225 of 313 Page 226 of 313 Page 227 of 313 Page 228 of 313 Page 229 of 313 Page 230 of 313 #Description Unit Price Unit Qnty Cost General Requirements 1 Mobilization & General Conditions (Held to 15% of Const. cost)$29,895.00 LS 1 $29,895.00 2 Temporary Construction Fence $5.45 LF 485 $2,643.25 3 Construction Access/Staging Fencing and Security $5,000.00 LS 1 $5,000.00 4 Tree Retention & Protection $3.50 LF 466 $1,631.00 Total:$39,169.25 Site Demolition 1 R & D Restroom Structure $23,000.00 EA 1 $23,000.00 2 R & D Drinking fountain $350.00 EA 1 $350.00 3 R & D Concrete flatwork $4.50 SF 1,272 $5,724.00 4 R & D Electrical Elements (Elec Demo)$3,000.00 LS 1 $3,000.00 Total:$32,074.00 Earthwork 1 Clear and Grubbing - Mechanical (Outside TPZ)$1.25 SF 4,403 $5,503.75 2 Clear and Grubbing - Hand (Within TPZ)$2.50 SF 372 $930.00 3 Earth Moving (on-site)$65.00 CY 18 $1,170.00 4 Earth Moving (Import)$105.00 CY 10 $1,050.00 5 Engineered sub-grade and gravel base at restroom $185.00 SY 16 $2,960.00 Total:$11,613.75 Concrete 1 C.I.P. Concrete Footing (Shelter)$1100.00 EA 6 $6,600.00 Total:$6,600.00 Electrical 1 Service Entrance in Restroom $7,500.00 LS 1 $7,500.00 2 Electrical Distribution (Copper)$17,500.00 LS 1 $17,500.00 Total:$25,000.00 Site Improvements 1 Concrete Walks & Flatwork (6")$16.00 SF 1,785 $28,560.00 2 Concrete Walks & Flatwork (4")$14.00 SF 1,111 $15,554.00 3 Bike rack $525.00 EA 2 $1,050.00 4 Trash Receptacle $2,890.00 SF 2 $5,780.00 5 Barbeque Grill $1390.00 EA 2 $2,780.00 6 Picnic Table A (Standard)$5,248.00 EA 1 $5,248.00 7 Picnic Table B (Accessible)$4,615.00 EA 4 $18,460.00 Total:$77,432.00 Site Improvements - Restroom 1 CTX Dakota Restroom Shelter (11x26)$135,268.00 LS 1 $135,268.00 2 Restroom acc. (Fixtures, SS Hand Dryers/Anti-Graffiti)$27,750.00 EA 1 $27,750.00 3 Sealed plans, etc.$3,500.00 EA 1 $3,500.00 4 Freight $21,650.00 SF 1 $21,650.00 5 Final connection to utilities & site prep.$3,500.00 EA 1 $3,500.00 6 G.C. markup - 20%$38,334.00 EA 1 $38,334.00 Total:$230,002.00 #Description Unit Price Unit Qnty Cost Site Improvements - Picnic Shelter 1 Picnic Shelter $48,053.00 LS 1 $48,053.00 2 Freight $6,945.00 LS 1 $6,945.00 3 Installation $19,363.05 LS 1 $19,363.05 4 G.C. markup - 20%$14,872.00 LS 1 $14,872.00 Total:$89,233.05 Landscape & Irrigation Repairs/Improvements 1 Turf replacement $1.50 SF 3,060 $4,590.00 2 Relocated/New Turf Rotor Head $250.00 EA 5 $1,250.00 3 Irrigation Lateral Line 12.50 LF 130 $1,625.00 4 Irrigation Sleeve 15.00 LF 50 $750.00 5 Irrigation controller re-install and wiring $750.00 LS 1 $750.00 Total:$8,965.00 Utilities 1 Utility extension (water line)$32.50 LF 140 $4,550.00 2 Utility extension (sanitary sewer line)$65.00 LF 50 $3,250.00 3 Utility cleanouts $550.00 EA 2 $1,100.00 Total:$8,900.00 $528,989.05 $105,797.81 $634,786.86 Project: Bates/Logan Park - Phase 1 Amenity Improvements Location: Englewood, Colorado Client: City of Englewood Date: 11/1/2022 Project: Bates/Logan Park - Phase 1 Amenity Improvements Base Bid Overall Total: Location: Englewood, Colorado Client: City of Englewood Date: August 10, 2022 Total: 20% Contingency: *Pricing includes 3 ½% Sales and Use Tax, and a ¼% Arapahoe County Open Space Tax, on materials Page 231 of 313 §\\§ \ A E NLA‘*2;EMENT \Q0 NCERT Page 232 of 313 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Jeremiah Stumpff DEPARTMENT: Parks, Recreation & Library DATE: February 27, 2023 SUBJECT: CB 12 - Approve a bill for an ordinance to approve the purchase of 70 new golf carts. DESCRIPTION: CB 12 - The City of Englewood Parks, recreation, Library, and golf is looking for a motion to approve the procurement of 70 new Club Car golf cars in 2024 from Colorado Golf and Turf by entering into a 5 year lease agreement through 2028 for a total contract amount of $357,194 RECOMMENDATION: Staff recommends City Council approve a bill for an ordinance authorizing the procurement of 70 new Electric Club Car golf cars from Colorado Golf and Turf by entering into a 5 year lease to purchase for a total contract amount of $357,194. PREVIOUS COUNCIL ACTION: N/A SUMMARY: The City of Englewood Parks, Recreation, Library, and Golf is looking to approve the procurement of 70 new Electric Club Car golf cars in 2024 from Colorado Golf and Turf by entering into a 5 year lease to purchase agreement through 2028 for a total contract amount of $357,194. ANALYSIS: Staff have thoroughly analyzed the options available for the purchase of a new fleet of electric golf carts: Purchasing fleet in 2024 options (Total Cost - $335,460) • Financing over 5 years (Total Cost w/ Interest - $357,194) Interest paid – $21,734 o $150,000 down payment in 2024 o 6 seasonal monthly payments of $6907 totaling $41,439/year • Financing over 4 years (Total Cost w/ Interest - $352,176) Interest paid – $16,716 o $150,000 down payment in 2024 o 6 seasonal monthly payments of $10,954 totaling $50,544/year • Financing over 3 years (Total Cost w/ Interest - $347,172) Interest paid – $11,712 o $150,000 down payment in 2024 o 6 seasonal monthly payments of $10,954 totaling $65,724/year 2024,2025,2026 • Financing over 2 years (Total Cost w/ Interest - $342,288) Interest paid – $6,828 o $150,000 down payment in 2024 o 6 seasonal monthly payments of $16,024 totaling $96,144/year 2024,2025 Page 233 of 313 • Purchasing fleet over 2 years (Total Cost - $359,533) • Purchasing fleet over 3 years (Total Cost - $458,557) The most cost-effective route is to purchase the carts up front, however, due to uncertainty in revenue/profit at Broken Tee the upfront full cost is not the best option. Financing over 5 years spreads out the cost and allows for Broken Tee to provide a new fleet of carts. COUNCIL ACTION REQUESTED: Golf staff recommends that Council approve a bill for an ordinance authorizing a contract with Colorado Golf and Turf to procure 70 new Electric Club Car golf cars in 2024 by entering into a 5 year lease to purchase agreement through 2028 for a total contract amount of $357,194. FINANCIAL IMPLICATIONS: Due to production shortages Broken Tee Golf Course did not receive new golf carts in 2022 and 2023, this provided the $150,000 funding (Golf Fund: 43-1307-61301) that will be used upon the start of the lease to purchase in 2024. Funding for the project in the amounts as follows: 2024: 43-2021-005 43-1307-61301 $191,439 2025: 43-2021-005 43-1307-61301 $41,439 2026: 43-2021-005 43-1307-61301 $41,439 2027: 43-2021-005 43-1307-61301 $41,439 2028: 43-2021-005 43-1307-61301 $41,439 It is recommended that the existing EZ-GO and Yamaha Electric cars be traded in for a value of $108,000 which if subtracted from the total cost of $443,460.22 equals the total contract amount of $357,194. The trade-in value will also be used for a $0 rental of 36 golf cars in 2023 and 2024 until the new fleet is produced. Thus making Colorado Golf and Turf the optimal source for the City of Englewood to sell city owned golf carts. CONNECTION TO STRATEGIC PLAN: Safety – Protecting our citizens, infrastructure, and environment by providing a safe and accessible park. Sustainability - A city that stewards its resources for the benefits of current and future generations. Governance - Accountable, effective, and efficient with the funding that is provided for these improvements. Infrastructure & Transportations - A city that proactively and in a cost-effective manner invests in, maintains, improves, and plans to protect its infrastructure. ATTACHMENTS: Council Bill #12 Page 234 of 313 1/4 BY AUTHORITY ORDINANCE NO. __ COUNCIL BILL NO. 12 SERIES OF 2023 INTRODUCED BY COUNCIL MEMBER _________________ A BILL FOR AN ORDINANCE APPROVING A LEASE TO PURCHASE AGREEMENT FOR SEVENTY CLUB CARS FROM CLUB CAR LLC UNDER THE TERMS OF THE MASTER CONTRACT FOR PRODUCTS AND SERVICES CONTRACT NUMBER EV267-01 HOSTED BY THE CITY OF KANSAS CITY, MISSOURI, DATED NOVEMBER 19, 2019 WHEREAS, the City of Englewood is authorized under the laws of the State of Colorado to lease or purchase personal property for use by the City; and WHEREAS, Article X, Part IV, Section 117 of Englewood City Charter authorizes the disposal of City equipment in a manner most advantageous to the City; and WHEREAS, Section 4-1-3-1(C) of the Englewood Municipal Code 2000 allows for the acquisition of commodities, supplies, and equipment under any general bid or purchase contract of the United States Government, State of Colorado or other governmental jurisdiction at the prices, terms, and conditions contained therein, when, in the opinion of the City Manager, the costs available to the City through such agreement are deemed to be the lowest and best price available to the City; and WHEREAS, OMNIA Partners (parent company of National IPA) is a shared service and supply chain optimization company dedicated to the government that partners with various public agencies in soliciting cooperative contracts; and WHEREAS, Kansas City, Missouri, issued on behalf of itself, other government agencies, non-profits, and all members of OMNIA Partners Request for Proposal (RFP) No. EV2671 for utility, transportation, and golf vehicle plus related accessories, equipment, parts, and services, and as a result of the solicitation, awarded Contract No. EV267-01 to Club Car LLC; and WHEREAS, OMNIA Partners has contract No. EV267-01 is available through its cooperative purchasing organization to all of its public agency members; and WHEREAS, the City of Englewood Parks, Recreation, Library and Golf Department (the “Department”) requires 70 Club Cars to replace its aging fleet for Broken Tee Golf Course; and Page 235 of 313 2/4 WHEREAS, the City can utilize the terms of Contract No. EV267-01 with Club Car LLC; and WHEREAS, under the terms of Contract No. EV267-01, Colorado Golf and Turf, a dealer of Club Car LLC, has agreed to a lease to own the City 70 golf Club Cars under a five-year payment installment plan (the “Agreement”); and WHEREAS, under the Agreement, the City will trade in its aging fleet vehicles to lower costs for the lease acquisition; and WHEREAS, the Department has determined that the trade-in of the aging fleet vehicles is the most efficient, effective, and best value for the City; and WHEREAS, under the Agreement, the cost to the City to lease to purchase the golf cart vehicles includes a down payment of $150,000 and monthly seasonal installment payments of $6,906.47 through 2028 for a total amount of $357,194.00; and WHEREAS, the Agreement terminates and the City’s obligations thereunder are extinguished if the City fails to appropriate money for the ensuing fiscal year for the payment of the amounts due in such fiscal year; and WHEREAS, the Department requests that the Englewood City Council approve, enter into, and deliver, as applicable, to effectuate the proposed lease to purchase financing of the golf Club Cars. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. Under C.R.S. § 31-15-801, the Englewood City Council hereby approves the acquisition by the City of the equipment such acquisition to be financed by the City pursuant to and in accordance with the terms of the Agreement, attached hereto as Exhibit 1. Section 2. The Mayor and City Clerk are hereby authorized to sign and attest to the Agreement attached as Exhibit 1 for and on behalf of the City Council of the City of Englewood, Colorado. 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. Page 236 of 313 3/4 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 27th day of February, 2023. Page 237 of 313 4/4 Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 2nd day of March, 2023. Published as a Bill for an Ordinance on the City’s official website beginning on the 1st day of March, 2023. 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 27th day of March, 2023. Stephanie Carlile Page 238 of 313 Contract Number City Contact Information: Staff Contact Person Phone Title Email Summary of Terms: Original Contract Amount Start Date 3/7/2023 Amendment Amount End Date 9/30/2028 Amended Contract Amount Total Term in Years 5.58 Vendor Contact Information: Name Contac Addre Phone Email Littleton CO City State Zip Code Contract Type: Please select from the drop down list Description of Contract Work/Services Procurement Justification of Contract Work/Services CONTRACT APPROVAL SUMMARY Drew Hunter 11757 S. Wadsworth Blvd. Lease $ 357,194 $ - $ 357,194 303-783-6863Jeremiah Stumpff jstumpff@englewoodco.govGolf Superintendent Renewal options available In january of 2023 The City Of Englewood/Broken Tee golf Course will trade in 36 used EZGO electric golf cars, for a value of $36,000 to be use towards the 2024 fleet purchase. In return Colorado Golf and Turf will provide the use of 36 2017 or newer Club Car Precedent electric golf cars (with 2022 batteries) for used until the new fleet (70 cars) arrives in 2024. No payments would be due to Colorado Golf & Turf during the 2023 calendar year. In early 2024 Colorado Golf & Turf will deliver 70 new 2024 Club Car Tempo Electric golf cars. Upon delivery The City of Englewood/Broken Tee Golf Course will trade in 36 used yamaha electric golf cars, for a value of $72,000 to be used towards the 2024 fleet purchase. Colorado Golf & Turf will also take back the 36 Club Cars that were borrowed for 2023 at this time. Broken tee anticipates recieving 70 new golf cars before the end of the 2024 calendar year. Due to unforseen circumstances the carts can still be received in 2025. Omnia Partners Contract #EV2671-01 80125 Payment or Revenue terms (please describe terms or attached schedule if based on deliverables) 970-390-7517 drew@cologolfandturf.com $150,000 down payment ($50,000 saved from 2022 and $100,000 saved from 2023) will be made on April 1, 2024 upon Broken Tee Golf Course receiving 70 new 2024 Club Car golf cars. A lease will begin with six seasonal monthly payments per year of $6,906.47 in the months of April through September. These payments will be made in the years of 2024 through 2028. At the end of the lease Broken Tee will own the equipment. See attached schedule A for detailed payment terms. Page 239 of 313 CONTRACT APPROVAL SUMMARY Source of Funds: Revenue CAPITAL ONLY A B C 1=A-B-C Capital Tyler New World Spent To Contract Budget Operating Year Project # / Task #Fund Division Account Line Item Description Contract Title Budget Date Amount Remaining C -$ -$ -$ -$ C -$ -$ -$ -$ O -$ -$ -$ -$ O -$ -$ -$ -$ O -$ -$ -$ -$ Total Current Year -$ -$ -$ -$ C 2024 43-2021-005 43 1307 61301 2024 Broken Tee Golf Car Fleet 191,439$ -$ 191,439$ -$ C 2025 43-2021-005 43 1307 61301 2024 Broken Tee Golf Car Fleet 41,439$ -$ 41,439$ -$ C 2026 43-2021-005 43 1307 61301 2024 Broken Tee Golf Car Fleet 41,439$ -$ 41,439$ -$ C 2027 43-2021-005 43 1307 61301 2024 Broken Tee Golf Car Fleet 41,439$ -$ 41,439$ -$ C 2028 43-2021-005 43 1307 61301 2024 Broken Tee Golf Car Fleet 41,439$ -$ 41,439$ -$ Total - For 5 Years 357,195$ -$ 357,195$ -$ GRAND TOTAL 357,195$ -$ 357,195$ -$ Process for Choosing Contractor: Solicitation Name and Number Attachment (For Capital Items Only / Expense Line Item Detail is Located in OpenGov): All Other Attachments: NOTES/COMMENTS (if needed): For Operating Line Item Detail, please review information provided in Tyler New World For Capital Items, please review Prior Month's Project Status and Fund Balance Report Operating Machinery and Equipment Operating Machinery and Equipment Operating Machinery and Equipment Operating Machinery and Equipment Operating Machinery and Equipment General Ledger Account String Solicitation:Evaluation Summary/Bid Tabulation Attached Proposal/Bid Attached Prior Month-End Project Status and Fund Balance Report Evaluation Summary/Bid Tabulation AttachedEvaluation Summary/Bid Tabulation AttachedEvaluation Summary/Bid Tabulation AttachedContract Copy of Original Contract if this is an Amendment Copies of Related Contracts/Conveyances/Documents Addendum(s) Exhibit(s) Certificate of Insurance Page 240 of 313 MASTER CONTRACT FOR PRODUCTS AND SERVICES Page 1 of 24 (REV. 10-05-18) STANDARD CITY CONTRACT MASTER CONTRACT FOR PRODUCTS AND SERVICES - THE CITY OF KANSAS CITY, MISSOURI CONTRACT NO.: EV2671-01 TITLE/DESCRIPTION: Utility, Transportation and Golf Vehicles plus Related Accessories, Equipment, Parts and Services THIS Contract is between KANSAS CITY, MISSOURI, a constitutionally chartered municipal corporation (“CITY”), and Club Car LLC (“CONTRACTOR”). Sec. 1. The Contract. The Contract between the CITY and CONTRACTOR consists of the following Contract Documents: (a) this Contract; (b) CONTRACTOR’s Proposal dated July 24, 2019 that is incorporated into this Contract by reference; (c) CITY’s RFP No. EV2671 that is incorporated into this Contract by reference; (d) any and all Attachments and Exhibits attached to the Contract. All documents listed in this Section 1 shall be collectively referred to as the “Contract Documents” and are incorporated into this Contract. CITY and CONTRACTOR agree that the terms “Agreement” and “Contract” and “Contract Documents” are used interchangeably in this Contract and the terms “Agreement” and “Contract” and “Contract Documents” each include all “Contract Documents.” Attachment A: Scope of Work Attachment B: Pricing Sec. 2. Initial Term of Contract and Additional Periods. (a) Initial Term. The initial term of this Contract shall begin on January 1, 2020 and shall end on December 31, 2026. The Manager of Procurement Services is authorized to enter into an amendment of this Contract with CONTRACTOR to extend the term of this Contract and time of performance for this Contract. (b) Renewal Terms. At any time prior to the expiration of the initial term or any subsequent term, the CITY, in its sole discretion, may renew this Contract for up to four (4) additional one (1) year terms. (c) Transition Term. Notwithstanding the expiration of the initial term or any subsequent term or all options to renew, CONTRACTOR and CITY shall continue performance under this Contract until the CITY has a new contract in place with either CONTRACTOR or another provider or until the CITY terminates the Contract, but in no event more than six months from the date of expiration or termination. DocuSign Envelope ID: 2DDBBD0B-BC9E-4A96-8AD6-8DF9D0A51F45 11/19/2019 Page 241 of 313 MASTER CONTRACT FOR PRODUCTS AND SERVICES Page 2 of 24 (REV. 10-05-18) Sec. 3. Compensation. CONTRACTOR shall timely provide all vehicles, equipment, accessories, repairs, parts, and services for the CITY in accordance with the Contract and the CITY shall pay CONTRACTOR the lowest Price set forth the Contract for all vehicles, equipment, accessories, repairs, parts, and services. CITY will order all vehicles, equipment, accessories, repairs, parts, and services, on an as needed basis. CITY shall order all vehicles, equipment, accessories, repairs, parts, and services to be provided by CONTRACTOR under this Contract by means of a Purchase Order issued by the CITY's Manager of Procurement Services for which funds have been certified and encumbered by the City's Director of Finance. CITY shall not have any financial obligations to CONTRACTOR under this Contract until the CITY issues a Purchas e Order to CONTRACTOR. CONTRACTOR shall not provide any vehicles, equipment, accessories, repairs, parts, and services in excess of the dollar amount contained in any Purchase Order and CONTRACTOR shall not be entitled to any payment in excess of the dollar amount of the Purchase Orders from CITY without CITY’s prior written authorization. Sec. 4. Effective Date of Contract. (a) Notwithstanding Section 2 of this Contract, neither party has any obligation under this Contract until the Manager of Procurement Services issues a Purchase Order which shall be signed by the City’s Director of Finance certifying there is a balance, otherwise unencumbered, to the credit of the appropriation to which the expenditure is to be charged, and a cash balance, otherwise unencumbered, in the treasury, to the credit of the fund from which payment will be made, each sufficient to meet the obligation incurred in the Purchase Order. (b) The date of the first Purchase Order issued by the CITY is the effective date of this Contract. (c) The date of the first Purchase Order issued by the CITY after the CITY renews this Contract shall be the effective date of the renewal term or transition term. Sec. 5. Invoices. (a) CONTRACTOR shall submit to CITY a request for payment (hereinafter “Invoice”) for vehicles, accessories, equipment, repairs, parts and services performed in sufficient detail for the CITY to determine that the amount CONTRACTOR is requesting is in fact due and payable. (b) CITY shall not pay any Invoice from CONTRACTOR unless CONTRACTOR is in compliance with, and not in breach or default of, all terms, covenants and conditions of this Contract. If damages are sustained by CITY as a result of breach or default by CONTRACTOR, CITY may withhold payment(s) to CONTRACTOR for the purpose of set off until such time as the exact amount of damages due to CITY from CONTRACTOR may be determined. DocuSign Envelope ID: 2DDBBD0B-BC9E-4A96-8AD6-8DF9D0A51F45 Page 242 of 313 MASTER CONTRACT FOR PRODUCTS AND SERVICES Page 3 of 24 (REV. 10-05-18) (c) CITY shall not process CONTRACTOR’s Invoice unless CONTRACTOR’s Invoice is in proper form, correctly computed, and is approved by CITY as payable under the terms of this Contract. (d) CITY is not liable for any obligation incurred by CONTRACTOR except as approved under the provisions of this Contract. (e) If CONTRACTOR is required to meet MBE/WBE goals for this Contract, CONTRACTOR shall not submit an Invoice to the City unless CONTRACTOR’s Invoice is accompanied by a copy of the most recent 00485.01 M/WBE Monthly Utilization Report submitted by CONTRACTOR to the City’s Human Relations Department. CONTRACTOR shall remain current on CONTRACTOR’s filing of 00485.01 M/WBE Monthly Utilization Reports. CITY shall not pay CONTRACTOR’s Invoice unless CONTRACTOR is current on CONTRACT OR’s filing of 00485.01 M/WBE Monthly Utilization Reports. Sec. 6. Representations and Warranties of CONTRACTOR. CONTRACTOR hereby represents and warrants to the CITY the following: (a) CONTRACTOR is in good standing under the laws of the state of Misso uri and each state in which it does business, except any such state where the failure to be in good standing would not have a material adverse effect on CONTRACTOR’s ability to perform this Contract in accordance with its terms. (b) The execution, delivery and performance by CONTRACTOR of this Contract have been duly authorized by all necessary corporate action and do not and will not (i) require any consent or approval of CONTRACTOR's board of directors; (ii) require any authorization, consent or approval by, or registration, declaration or filing with, or notice to, any governmental department, commission, board, bureau, agency or instrumentality, or any third party, except such authorization, consent, approval, registration, declaration, filing or notice as has been obtained prior to the date hereof; (iii) violate any provision of any law, rule or regulation or of any order, writ, injunction or decree presently in effect having applicability to CONTRACTOR or its articles or by-laws; and (iv) result in a breach of or constitute a default under any material agreement, lease or instrument to which CONTRACTOR is a party or by which it or its properties may be bound or affected. (c) CONTRACTOR shall not enter into any contract for the services to CITY that purports to grant a security interest or right of repossession to any person or entity respecting the services, or any portions thereof or chattels placed thereon. (d) There is no litigation, proceeding or other investigation pending or, to the knowledge of CONTRACTOR, threatened against CONTRACTOR which would prevent consummation of the transaction contemplated by this Contract or would have a materially adverse effect on CONTRACTOR. DocuSign Envelope ID: 2DDBBD0B-BC9E-4A96-8AD6-8DF9D0A51F45 Page 243 of 313 MASTER CONTRACT FOR PRODUCTS AND SERVICES Page 4 of 24 (REV. 10-05-18) Sec. 7. Survival of the Representations, Warranties and Covenants. All representations, warranties and covenants expressed herein shall survive the execution of this Contract for the benefit of the parties hereto. Sec. 8. Governing Law. This Contract shall be construed and governed in accordance with the laws of the State of Missouri without giving effect to Missouri’s choice of law provisions. The CITY and CONTRACTOR: (1) submit to the jurisdiction of the state and federal courts located in Jackson County, Missouri; (2) waive any and all objections to jurisdiction and venue; and (3) will not raise forum non conveniens as an objection to the location of any litigation. Sec. 9. Termination for Convenience. CITY may, at any time upon fifteen (15) days written notice to CONTRACTOR specifying the effective date of termination, terminate this Contract, in whole or in part. Sec. 10. Default and Remedies. (a) If CONTRACTOR shall be in default or breach of any provision of this Contract, CITY may terminate this Contract, suspend CITY’s performance, withhold payment or invoke any other legal or equitable remedy after giving CONTRACTOR ten (10) days written notice and opportunity to cure such default or breach. (b) If CITY shall be in default or breach of any provision of this Contract, CONTRACTOR may terminate this contract or suspend CONTRACTOR’s performance after giving CITY ten (10) days written notice and opportunity to cure such default or breach. Sec. 11. Waiver. Waiver by CITY of any term, covenant, or condition hereof shall not operate as a waiver of any subsequent breach of the same or of any other term, covenant or condition. No term, covenant, or condition of this Contract can be waived except by written consent of CITY, and forbearance or indulgence by CITY in any regard whatsoever shall not constitute a waiver of same to be performed by CONTRACTOR to which the same may apply and, until complete performance by CONTRACTOR of the term, covenant or condition, CITY shall be entitled to invoke any remedy available to it under this Contract or by law despite any such forbearance or indulgence. Sec. 12. Acceptance. No payment made under this Contract shall be proof of satisfactory performance of the Contract, either wholly or in part, and no payment shall be construed as acceptance of deficient or unsatisfactory services. Sec. 13. Records. (a) For purposes of this Section: 1. “CITY” shall mean the City Auditor, the City’s Internal Auditor, the City’s Director of Human Relations, the City Manager, the City department administering this Contract and their delegates and agents. 2. “Record” shall mean any document, book, paper, photograph, map, sound recordings or other material, regardless of physical form or characteristics, made or received in connection with this Contract and all Contract amendments and renewals. DocuSign Envelope ID: 2DDBBD0B-BC9E-4A96-8AD6-8DF9D0A51F45 Page 244 of 313 MASTER CONTRACT FOR PRODUCTS AND SERVICES Page 5 of 24 (REV. 10-05-18) (b) CONTRACTOR shall maintain and retain all Records for a term of five (5) years that shall begin after the expiration or termination of this Contract and all Contract amendments. CITY shall have a right to examine or audit all Records, and CONTRACTOR shall provide access to CITY of all Records upon ten (10) days written notice from the CITY. (c) The books, documents and records of CONTRACTOR in connection with this Contract shall be made available to the City Auditor, the City’s Internal Auditor, the City’s Director of Human Relations and the City department administering this Contract within ten (10) days after the written request is made. Sec. 14. Affirmative Action. If this Contract exceeds $300,000.00 and Contractor employs fifty (50) or more people, Contractor shall comply with City’s Affirmative Action requirements in accordance with the provisions of Chapter 3 of City’s Code, the rules and regulations relating to those sections, and any additions or amendments thereto; in executing any Contract subject to said provisions, Contractor warrants that it has an affirmative action program in place and will maintain the affirmative action program in place for the duration of the Contract. Contractor shall not discriminate against any employee or applicant for employment because of race, color, sex, religion, national origin or ancestry, disability, sexual orientation, gender identity or age in a manner prohibited by Chapter 3 of City’s Code. Contractor shall: (a) Submit, in print or electronic format, a copy of Contractor’s current certificate of compliance to the City’s Human Relations Department (HRD) prior to receiving the first payment under the Contract, unless a copy has already been submitted to HRD at any point within the previous two (2) calendar years. If, and only if, Contractor does not possess a current certification of compliance, Contractor shall submit, in print or electronic format, a copy of its affirmative action program to HRD prior to receiving the first payment under the Contract, unless a copy has already been submitted to HRD at any point within the previous two (2) calendar years. (b) Require any Subcontractor awarded a subcontract exceeding $300,000.00 to affirm that Subcontractor has an affirmative action program in place and will maintain the affirmative action program in place for the duration of the subcontract. (c) Obtain from any Subcontractor awarded a subcontract exceeding $300,000.00 a copy of the Subcontractor’s current certificate of compliance and tender a copy of the same, in print or electronic format, to HRD within thirty (30) days from the date the subcontract is executed. If, and only if, Subcontractor does not possess a current certificate of compliance, Contractor shall obtain a copy of the Subcontractor’s affirmative action program and tender a copy of the same, in print or electronic format, to HRD within thirty (30) days from the date the subcontract is executed. City has the right to take action as directed by City’s Human Relations Department to enforce this provision. If Contractor fails, refuses or neglects to comply with the provisions of Chapter 3 of City’s Code, then such failure shall be deemed a total breach of this Contract and this Contract may be terminated, canceled or suspended, in whole or in part, and Contractor may be declared ineligible for any further contracts funded by City for a period of one (1) year. This is a material term of this Contract. Sec. 15. Tax Compliance. If the CITY’s payments to CONTRACTOR exceed $160,000.00 for the period of May 1st through April 30th, CONTRACTOR shall provide proof of compliance with the CITY’s tax ordinances administered by the CITY’s Commissioner of Revenue as a precondition to the CITY making the first payment under this Contract. CONTRACTOR also shall submit to the CITY proof of compliance with the CITY’s tax ordinances administered by the CITY’s Commissioner of Revenue as a condition precedent to the CITY making final payment under the Contract. DocuSign Envelope ID: 2DDBBD0B-BC9E-4A96-8AD6-8DF9D0A51F45 Page 245 of 313 MASTER CONTRACT FOR PRODUCTS AND SERVICES Page 6 of 24 (REV. 10-05-18) Sec. 16. Buy American Preference. It is the policy of the CITY that any manufactured goods or commodities used or supplied in the performance of any CITY Contract or any subcontract thereto shall be manufactured or produced in the United States whenever possible. Sec. 17. Notices. All notices to be given hereunder shall be in writing and may be given, served or made by depositing the same in the United States mail addressed to the party to be notified, postpaid and registered or certified with return receipt requested or by delivering the same in person to such person. Notice deposited in the mail in accordance with the provisions hereof shall be effective unless otherwise stated in such notice or in this Contract from and after the second day next following the date postmarked on the en velope containing such notice. Notice given in any other manner shall be effective only if and when received by the party to be notified. All notices shall be sent to the following addresses: If to the CITY: City of Kansas City, Missouri Procurement Services Division 414 East 12th Street, 1st Floor, Room 102 W Kansas City, Missouri 64106 Attention: Cedric Rowan, C.P.M., Manager Telephone: (816) 513-0814 Facsimile: (816) 513-1066 With copies to: Cecilia Abbott, Esq. City Attorney Law Department of Kansas City, Missouri 414 East 12th Street, 23rd Floor Kansas City, Missouri 64106 Telephone: (816) 513-3127 If to the CONTRACTOR: Club Car 4125 Washington road Evans, GA 30809 RENTAL@CLUBCAR.COM Sec. 18. General Indemnification. (a) For purposes of this Section only, the following terms shall have the meanings listed: 1. Claims means all claims, damages, liability, losses, costs and expenses, court costs and reasonable attorneys' fees, including attorneys’ fees incurred by the CITY in the enforcement of this indemnity obligation. 2. CONTRACTOR's Agents means CONTRACTOR's officers, employees, subcontractors, successors, assigns, invitees, and other agents. 3. CITY means CITY, its Agencies, its agents, officials, officers and employees. DocuSign Envelope ID: 2DDBBD0B-BC9E-4A96-8AD6-8DF9D0A51F45 Page 246 of 313 MASTER CONTRACT FOR PRODUCTS AND SERVICES Page 7 of 24 (REV. 10-05-18) (b) CONTRACTOR's obligations under this Section with respect to indemnification for acts or omissions, including negligence, of CITY, shall be limited to the coverage and limits of insurance that CONTRACTOR is required to procure and maintain under this Contract. CONTRACTOR affirms that it has had the opportunity to recover all costs of the insurance requirements imposed by this Contract in its contract price. (c) CONTRACTOR shall defend, indemnify and hold harmless CITY from and against all third party claims to the extent caused by acts or omissions by CONTRACTOR. CONTRACTOR is not obligated under this Section to indemnify CITY for the sole negligence of CITY. (d) In no event shall the language in this Section constitute or be construed as a waiver or limitation of the CITY’s rights or defenses with regard to sovereign immunity, governmental immunity, or other official immunities and protections as provided by the federal and state constitutions or by law. Sec. 19. Indemnification for Professional Negligence. If this contract is for professional services, CONTRACTOR shall indemnify, and hold harmless CITY and any of its agencies, officials, officers, or employees from and against all third claims, damages, liability, losses, costs, and expenses, including reasonable attorneys’ fees, to the extent caused by any negligent acts or omissions in connection with this Contract, caused by CONTRACTOR, its employees, agents, subcontractors, or caused by others for whom CONTRACTOR is liable, in the performance of professional services under this Contract. CONTRACTOR is not obligated under this Section to indemnify CITY for the negligent acts of CITY or any of its agencies, officials, officers, or employees. Sec. 20. Insurance. (a) CONTRACTOR shall procure and maintain in effect throughout the term of this Contract insurance policies with coverage not less than the types and amounts specified in this Section. CONTRACTOR must have: 1. Commercial General Liability Insurance Policy: with limits of $1,000,000 per occurrence and $2,000,000 aggregate, written on an “occurrence” basis. The policy shall be written or endorsed to include the following provisions: a. Severability of Interests Coverage applying to Additional Insureds b. Contractual Liability c. Per Project Aggregate Liability Limit or, where not available, the aggregate limit shall be $2,000,000. d. No Contractual Liability Limitation Endorsement e. Additional Insured Endorsement, ISO form CG20 10, current edition, or its equivalent. 2. Workers’ Compensation Insurance and Employers Liability Policies as required by Missouri law. 3. Commercial Automobile Liability Insurance Policy: with a limit of $1,000,000 per occurrence, covering owned, hired, and non-owned automobiles. The Policy shall provide coverage on an “any auto” basis and on an “occurrence” basis. This insurance DocuSign Envelope ID: 2DDBBD0B-BC9E-4A96-8AD6-8DF9D0A51F45 Page 247 of 313 MASTER CONTRACT FOR PRODUCTS AND SERVICES Page 8 of 24 (REV. 10-05-18) policy will be written on a Commercial Business Auto form, or acceptable equivalent, and will protect against claims arising out of the operation of motor vehicles, as to acts done in connection with the Contract, by CONTRACTOR. 4. If this Contract is for professional services, CONTRACTOR shall obtain Professional Liability Insurance with limits per claim and annual aggregate of $1,000,000. (b) All insurance policies required in this Section shall provide that the policy will not be canceled until after the Insurer provides the CITY ten (10) days written notice of cancellation in the event that the cancellation is for CONTRACTOR’s nonpayment of premiums and thirty (30) days written notice of cancellation to CITY for all other reasons of cancellation. (c) The Commercial General and Automobile Liability Insurance Policies specified above shall provide that CITY and its agencies, agents, officials, officers, and employees, while a cting within the scope of their authority, will be named as additional insureds for the services performed under this Contract. CONTRACTOR shall provide to CITY at execution of this Contract a certificate of insurance showing all required endorsements and additional insureds. (d) All insurance policies must be provided by Insurance Companies that have an A.M. Best’s rating of “A-V” or better, and are licensed or approved by the State of Missouri to provide insurance in Missouri. (e) Regardless of any approval by CITY, CONTRACTOR shall maintain the required insurance coverage in force at all times during the term of this Contract. CONTRACTOR’s failure to maintain the required insurance coverage will not relieve CONTRACTOR of its contractual obligation to indemnify the CITY pursuant to this Section of this Contract. In the event CONTRACTOR fails to maintain the required insurance coverage in effect, CITY may declare CONTRACTOR in default. (f) In no event shall the language in this Section constitute or be construed as a waiver or limitation of the CITY’s rights or defenses with regard to sovereign immunity, governmental immunity, or other official immunities and protections as provided by the federal and state constitutions or by law. Sec. 21. Interpretation of the Contract. (a) CITY selected CONTRACTOR through a negotiated procurement process rather than an Invitation for Bids (IFB) solicitation. Unlike the IFB, this process allows the CITY and CONTRACTOR to discuss and negotiate a contract at arm’s length prior to entering a final contract that is acceptable to both the CITY and the CONTRACTOR. After negotiation and discussion, CONTRACTOR and CITY have incorporated multiple documents into this Agreement and the meaning of some of the words used in the Agreement may be uncertain, incomplete or duplicative and the Agreement may promise something at one place and take that promise away at another. In sum, the Agreement may contain words and provisions that are susceptible of more than one meaning so that reasonable persons of average intelligence may fairly and honestly differ in their construction of the words and provisions. It is the intent of the CITY and the CONTRACTOR that the CITY’s taxpayers receive the benefit or advantage in the construction and interpretation of this Agreement, regardless of the normal DocuSign Envelope ID: 2DDBBD0B-BC9E-4A96-8AD6-8DF9D0A51F45 Page 248 of 313 MASTER CONTRACT FOR PRODUCTS AND SERVICES Page 9 of 24 (REV. 10-05-18) judicial rules of contract construction even if the construction and interpretation of the Agreement will cost the CONTRACTOR more money and time. CITY and CONTRACTOR agree that CITY’s Manager of Procurement Services shall resolve all disagreements as to the meaning of this Agreement or any ambiguity in this Agreement, in favor of the CITY and its taxpayers even if it will cost the CONTRACTOR more money and time. The decision of CITY’s Manager of Procurement shall be final and conclusive if the Manager of Procurement Services acted in good faith. (b) CONTRACTOR acknowledges and agrees that the CITY has provided CONTRACTOR with an opportunity to have CONTRACTOR’s attorney review and advise CONTRACTOR on the Agreement and any potential ambiguities or areas of disagreement and the potential adverse legal consequences of CONTRACTOR agreeing to this Section as well as the entire Agreement. CONTRACTOR certifies that CONTRACTOR has provided the CITY written notice of all ambiguities, conflicts, errors or discrepancies that it has discovered in the Agreement and the written resolution thereof by the CITY as embodied in this final Agreement is acceptable to CONTRACTOR. (c) CONTRACTOR certifies that CONTRACTOR has either (1) waived its right to have CONTRACTOR’s attorney review this Section and Agreement; or (2) CONTRACTOR has consulted with an attorney on this Section and Agreement. (d) CONTRACTOR knowingly and voluntarily agrees to this Section and the entire Agreement. CONTRACTOR certifies that this contract was not procured by fraud, duress or undue influence. Sec. 22. Contract Execution. This Contract may be executed in one or more counterparts, each of which will be deemed an original copy of this Contract and all of which, when taken together, will be deemed to constitute one and the same Contract. This Contract shall be effective upon the execution of counterparts by both parties, notwithstanding that both parties may not sign the same counterpart. The parties' signatures transmitted by facsimile or by other electronic means shall be proof of the execution of this Contract and shall be acceptable in a court of law. Sec. 23. Guaranteed Lowest Pricing. CONTRACTOR certifies that this Contract contains CONTRACTOR’s lowest and best pricing for all services supplied by CONTRACTOR to any government, governmental entity, political subdivision, city, state, school district or any other public entity in the United States as of the date of this Contract. Sec. 24. Assignability and Subcontracting. (a) Assignability. Contractor shall not assign or transfer any part or all of Contractor’s obligation or interest in this Contract without prior written approval of City. If Contractor shall assign or transfer any of its obligations or interests under this Contract without the City’s prior written approval, it shall constitute a material breach of this Contract. This provision shall not prohibit contractor from subcontracting as otherwise provided for herein. (b) Subcontracting. Contractor shall not subcontract any part or all of Contractor’s obligations or interests in this Contract unless the subcontractor has been identified in a format required by City. If Contractor shall subcontract any part of Contractor’s obligations or interests under this DocuSign Envelope ID: 2DDBBD0B-BC9E-4A96-8AD6-8DF9D0A51F45 Page 249 of 313 MASTER CONTRACT FOR PRODUCTS AND SERVICES Page 10 of 24 (REV. 10-05-18) Contract without having identified the subcontractor, it shall constitute a material breach of this Contract. The utilization of subcontractors shall not relieve Contractor of any of its responsibilities under the Contract, and Contractor shall remain responsible to City for the negligent acts, errors, omissions or neglect of any subcontractor and of such subcontractor’s officers, agents and employees. City shall have the right to reject, at any point during the term of this Contract, any subcontractor identified by Contractor, and to require that any subcontractor cease working under this Contract. City’s right shall be exercisable in its sole and subjective discretion. City shall not be obligated to pay or be liable for payment of any monies which may be due to any subcontractor. Contractor shall include in any subcontract a requirement that the subcontractor comply with all requirements of this Contract in performing Contractor’s services hereunder. Sec. 25. Professional Services – Conflict of Interest Certification. If this Contract is for professional services other than for medical doctors or appraisers, CONTRACTOR certifies that CONTRACTOR is not an expert witness for any party in litigation against the CITY at the time of the issuance of this Contract. Sec. 26. Intellectual Property Rights. CONTRACTOR agrees, on its behalf and on behalf of its employees and agents, that it will promptly communicate and disclose to CITY all computer programs, documentation, software and other copyrightable works (“copyrightable works”) conceived, reduced to practice or made by CONTRACTOR or its agents, whether solely or jointly with others, during the term of this Contract resulting from or related to any work CONTRACTOR or its agents may do on behalf of CITY or at its request. All inventions and copyrightable works that CONTRACTOR is obligated to disclose shall be and remain entirely the property of CITY. It is agreed that all inventions and copyrightable works are works made for hire and shall be the exclusive property of CITY. CONTRACTOR hereby assigns to CITY any rights it may have in such copyrightable works. CONTRACTOR shall cooperate with CITY in obtaining any copyrights or patents. Sec. 27. Minority and Women’s Business Enterprises. RESERVED. Sec. 28. Employee Eligibility Verification. CONTRACTOR shall execute and submit an affidavit, in a form prescribed by the CITY, affirming that CONTRACTOR does not knowingly employ any person in connection with the contracted services who does not have the legal right or authorization under federal law to work in the United States as defined in 8 U.S.C. §1324a(h)(3). CONTRACTOR shall attach to the affidavit documentation sufficient to establish CONTRACTOR’s enrollment and participation in an electronic verification of work program operated by the United States Department of Homeland Security to verify information of newly hired employees, under the Immigration and Reform and Control Act of 1986. CONTRACTOR may obtain additional information about E-Verify and enroll at https://e- verify.uscis.gov/enroll/StartPage.aspx?JS=YES. For those CONTRACTORs enrolled in E-Verify, the first and last pages of the E-Verify Memorandum of Understanding that CONTRACTOR will obtain upon successfully enrolling in the program shall constitute sufficient documentation for purposes of complying with this section. CONTRACTOR shall submit the affidavit and attachments to the CITY prior to execution of the contract, or at any point during the term of the contract if requested by the CITY. Sec. 29. Emergencies. (a) Disaster means any large scale event such as an act of terrorism, fire, wind, flood, earthquake or other natural or man-made calamity which results in, or has the potential to result in a significant loss of life or property. DocuSign Envelope ID: 2DDBBD0B-BC9E-4A96-8AD6-8DF9D0A51F45 Page 250 of 313 MASTER CONTRACT FOR PRODUCTS AND SERVICES Page 11 of 24 (REV. 10-05-18) (b) During and after a disaster, CONTRACTOR shall provide special services to the CITY including CONTRACTOR shall open CONTRACTOR’s facilities even on nights and weekends as necessary to meet the needs of the City during a disaster. (c) CONTRACTOR shall not charge CITY any fee for opening facilities during an emergency or for extending CONTRACTOR’s hours of operation during a disaster. CITY shall pay CONTRACTOR the agreed upon contract prices for all purchases made by CITY during the disaster and CONTRACTOR shall not charge CITY any additional mark-up, fee or cost for any purchases made by CITY during a disaster. (d) CONTRACTOR shall quickly mobilize CONTRACTOR’s internal and external resources to assist CITY when a disaster unfolds. (e) Extended hours and personnel. During disasters, CONTRACTOR’s facilities shall stay open 24 hours if requested by the CITY. CONTRACTOR shall utilize additional CONTRACTOR personnel to take CITY orders if necessary. CONTRACTOR’s Call Center shall accept phone orders 24 hours a day. (f) CONTRACTOR shall have contingency plans with CONTRACTOR’s suppliers or dealers and distributors to provide additional supplies and equipment quickly to CITY as needed. (g) CONTRACTOR shall cooperate with CITY to properly document any and all expenses incurred by CITY with CONTRACTOR and CONTRACTOR shall assist CITY in meeting any and all documentation requirements of the Federal Emergency Management Agency (FEMA). Sec. 30. Trade-In. If the solicitation requests a price or value for one or more pieces of equipment to be traded in as part of the purchase of new equipment, the CITY retains the option to purchase the new equipment at the full price or to reduce the price of the new equipment by the amount of the trade-in offered. The CITY is not obligated to accept the trade-in offer and may withdraw equipment offered for trade-in at any time up to award. Sec. 31. Time of Delivery. Delivery is required to be made in accordance with the schedule shown in the solicitation and purchase order. Sec. 32. F.O.B. Destination. Unless otherwise directed in the solicitation and purchase order, all deliveries shall be F.O.B. Destination and all freight charges shall be included in the total price. Supplie s shall be delivered to the destination consignee’s warehouse unloading platform, or receiving dock, at the expense of the CONTRACTOR. The CITY shall not be liable for any delivery, storage, demurrage, accessorial, or other charges involved prior to the actual delivery (or “constructive placement” as defined in carrier tariffs) of the supplies to the destination, unless such charges are caused by an act or order of the CITY acting in its contractual capacity. If rail carrier is used, supplies will be deli vered to the specified unloading platform of the consignee. If motor carrier (including “piggy-back”) is used, supplies will be delivered to truck tailgate at the unloading platform of the consignee. If the CONTRACTOR uses rail carrier or freight forwarde r for less than carload shipments, he shall assure that the carrier will furnish tailgate delivery if transfer to truck is required to complete delivery to consignee. One of the following statements usually will appear on the purchase order, although others may be used. (a) F.O.B. Destination, Freight Prepaid by Seller. The seller pays and bears all freight charges. DocuSign Envelope ID: 2DDBBD0B-BC9E-4A96-8AD6-8DF9D0A51F45 Page 251 of 313 MASTER CONTRACT FOR PRODUCTS AND SERVICES Page 12 of 24 (REV. 10-05-18) (b) F.O.B. Destination, Freight Prepaid and Charged Back on Invoice. The seller pays the freight and charges the CITY by adding it to the invoice. (c) F.O.B. Destination, Freight Collect. The CITY pays and bears the freight charges. (d) F.O.B. Destination, Freight Collect and Allowed on Invoice. The CITY pays the freight charges and deducts the amount from the seller’s invoice. Sec. 33. Quality. Unless otherwise required by terms of the solicitation, all goods, supplies, and materials furnished shall be new, in current production, and the best of their kind. When applicable, parts and maintenance shall be reasonably available. New equipment that is obsolete or technically outdated is not acceptable. Remanufactured or reconditioned items are not considered new. Items shall be properly packaged, packed, labeled, and identified in accordance with commercial standards acceptable to the trade and as required by ICC and other federal and state regulations. Packing slips will accompany the shipment. Sec. 34. Price. Prices quoted are to be firm and final. All prices quoted shall be net and shall reflect any available discount except for discounts for timely payment. All prices are to be F.O.B. designated delivery point. All shipping, packing, and drayage charges are the responsibility of the supplier. C.O.D. shipments will not be accepted unless otherwise agreed to by the City. Sec. 35. Brand Name or Equal. Whenever the name of the manufacturer or the supplier is mentioned on the face hereof and the words “or equal” do not follow, it shall be deemed that the words “or equal” shall follow such designations unless the face hereof specifies “no substitutions”. The CITY may assume that items submitted are equal or it may request samples and proof thereof and unless approved before shipment, reserves right to return at the CONTRACTOR’S expense all items that are not acceptable as equals, said items to be replaced by the CONTRACTOR with satisfactory items at the original submitted price. Sec. 36. Commercial Warranty. The CONTRACTOR agrees that the supplies or services furnished under this contract shall be covered by the most favorable commercial warranties the CONTRACTOR gives to any customer for such supplies or services and that the rights and remedies provided herein are in addition to and do not limit any rights afforded to the CITY by any other clause of this contract. Sec. 37. Discounts. A. Prompt payment discounts offered for payment within less than twenty (20) calendar days will not be considered in evaluating proposals for award, unless otherwise specified in the solicitation. However, offered discounts of less than twenty (20) days will be taken if payment is made within the discount period, even though not considered in the evaluation of proposals. B. In connection with any discount offered, time will be computed from date of delivery of the supplies to the carrier when acceptance is at the point of origin, or from date of delivery at destination when delivery and acceptance is at destination, or from the date the correct invoice or voucher is received in the office specified by the CITY, if the latter is later than the date of delivery. Payment is deemed to be made for the purpose of earning the discount on the date of mailing of the CITY check. DocuSign Envelope ID: 2DDBBD0B-BC9E-4A96-8AD6-8DF9D0A51F45 Page 252 of 313 MASTER CONTRACT FOR PRODUCTS AND SERVICES Page 13 of 24 (REV. 10-05-18) C. Any discount offered other than for prompt payment should be included in the net price quoted and not included in separate terms. In the event this is not done, the CITY reserves the right to accept the discount offered and adjust prices accordingly on the purchase order. Sec. 38. Sellers Invoice. Invoices shall be prepared and submitted in duplicate to address shown on the purchase order. Separate invoices are required for each purchase order. Invoices shall contain the following information: purchase order number, item number, description of supplies or services, sizes, unit of measure, quantity, unit price, and extended totals. Sec. 39. Inspection and Acceptance. Inspection and acceptance will be at destination unless specified otherwise, and will be made by the CITY department shown in the shipping address or other duly authorized representative of the CITY. Until delivery and acceptance, and after any rejection, risk of loss will be on the CONTRACTOR unless loss results from negligence of the CITY. CONTRACTOR will be notified of rejected shipments. Unless agreed otherwise, items will be returned freight collect. Sec. 40. Loss and Damaged Shipments. Risk of loss or damage to items prior to the time of their receipt and acceptance by the CITY is upon the CONTRACTOR. The CITY has no obligation to accept damaged shipments and reserves the right to return at CONTRACTOR’s expense damaged merchandise even though the damage was not apparent or discovered until after receipt of the items. Sec. 41. Late Shipments. Supplier or CONTRACTOR is responsible to notify the CITY department receiving the items and the Senior Buyer of any late or delayed shipments. The CITY reserves the right to cancel all or any part of an order if the shipment is not made as promised. Sec. 42. Tax Exemption - Federal and State. A. The CITY is exempt from Federal Excise and Transportation taxes on purchases under Chapter 32, Internal Revenue Code. The federal tax registration number issued by the St. Louis District Director on November 11, 1974 is No. 43740340K. B. The CITY is exempt from payment of Missouri Sales and Use Tax in Accordance with Section 39(10) Article 3, of the Missouri Constitution and Sections 144.040 and 144.615 RSMo 1969 and supplement thereto. A copy of the exemption from Missouri Sales and Use Tax is available upon request. Sec. 43. Annual Appropriation of Funds. A. Multi-year term supply and service contracts and leases and the exercise of options to renew term contracts are subject to annual appropriation of funds by the City Council. Payments made under term contracts and leases are considered items of current expense. Purchase orders are funded when issued, therefore are current expense items and are not subject to any subsequent appropriation of funds. B. In the event sufficient funds are not appropriated for the payment of lease payments or anticipated term contract payments required to be paid in the next occurring lease or contract term and if no funds are legally available from other sources, the lease or contract may be terminated at the end of the original term or renewal term and the CITY shall not be obligated to make further payments beyond the then current original or renewal term. The CITY will DocuSign Envelope ID: 2DDBBD0B-BC9E-4A96-8AD6-8DF9D0A51F45 Page 253 of 313 MASTER CONTRACT FOR PRODUCTS AND SERVICES Page 14 of 24 (REV. 10-05-18) provide notice of its inability to continue the lease or contract at such time as the Manager of Procurement Services is aware of the nonappropriation of funds; however, failure to notify does not renew the term of lease or contract. If a lease is cancelled, the events of default will occur as described in the lease and/or the section titled TERMINATION FOR DEFAULT. The CITY has no monetary obligations in event of termination or reduction of a term contract since such contracts represent estimated quantities and are not funded as a contract, but only to the extent of purchase orders issued. DocuSign Envelope ID: 2DDBBD0B-BC9E-4A96-8AD6-8DF9D0A51F45 Page 254 of 313 Page 255 of 313 MASTER CONTRACT FOR PRODUCTS AND SERVICES Page 16 of 24 (REV. 10-05-18) Attachment A: Scope of Work The City of Kansas City, Missouri, as the Principal Procurement Agency, defined in Attachment A, has partnered with OMNIA Partners to make the resultant contract (also known as the “Master Agreement” in materials distributed by OMNIA Partners) from this solicitation available to other public agencies nationally, including state and local governmental entities, public and private primary, secondary and higher education entities, non-profit entities, and agencies for the public benefit (“Public Agencies”), through OMNIA Partners’ cooperative purchasing program. The City of Kansas City, Missouri is acting as the contracting agency for any other Public Agency that elects to utilize the resulting Master Agreement. Use of the Master Agreement by any Public Agency is preceded by their registration with OMNIA Partners (a “Participating Public Agency”). Attachment A contains additional information about OMNIA Partners and the cooperative purchasing agreement. OMNIA Partners is the largest and most experienced purchasing organization for public and private sector procurement. Through the economies of scale created by OMNIA Partners public sector subsidiaries, National IPA and U.S. Communities, our participants now have access to more competitively solicited and publicly awarded cooperative agreements. The lead agency contracting process continues to be the foundation on which we are founded. OMNIA Partners is proud to offer more value and resources to state and local government, higher education, K-12 education and non-profits. OMNIA Partners provides shared services and supply chain optimization to government, education and the private sector. As a channel partner with Vizient (formally, Novation), OMNIA Partners leverages over $100 billion in annual supply spend to command the best prices for products and services. With corporate, pricing and sales commitments from the Supplier, OMNIA Partners provides marketing and administrative support for the Supplier that directly promotes the Supplier’s products and services to Participating Public Agencies though multiple channels, each designed to promote specific products and services to Public Agencies on a national basis. Public Agencies benefit from pricing based on aggregate spend and the convenience of a contract that has already been advertised and publicly competed. The Supplier benefits from a contract that allows Participating Public Agencies to directly purchase goods and services without the Supplier’s need to respond to additional competitive solicitations. As such, the Supplier must be able to accommodate a nationwide demand for services and to fulfill obligations as a nationwide Supplier and respond to the OMNIA Partners documents (Attachment A). The City of Kansas City, Missouri anticipates spending approximately $300,000 over the full potential Master Agreement term for Utility, Transportation and Golf Vehicles plus Related Accessories, Equipment, Parts and Services. While no minimum volume is guaranteed to the Supplier, the estimated annual volume of Utility, Transportation and Golf Vehicles plus Related Accessories, Equipment, Parts and Services purchased under the Master Agreement through OMNIA Partners Public Sector is approximately fifty ($50) million. This projection is based on the current annual volumes among the City of Kansas City, Missouri, other Participating Public Agencies anticipated to utilize the resulting Master Agreement to be made available to them through OMNIA Partners, and volume growth into other Public Agencies through a coordinated marketing approach between the Supplier and OMNIA Partners. 1. GENERAL DEFINITION OF PRODUCTS AND/OR SERVICES Proposers are to propose the broadest possible selection of UTILITY, TRANSPORTATION AND GOLF VEHICLES AND RELATED ACCESSORIES, EQUIPMENT, PARTS AND SERVICES they offer. The intent of this solicitation is to provide Participating Public Agencies with products and services to meet their various needs. Therefore, the Proposers should have demonstrated experience in providing the Products and Services as defined in the RFP, including but not limited to: DocuSign Envelope ID: 2DDBBD0B-BC9E-4A96-8AD6-8DF9D0A51F45 Page 256 of 313 MASTER CONTRACT FOR PRODUCTS AND SERVICES Page 17 of 24 (REV. 10-05-18) a. Utility Vehicles - A complete and comprehensive selection of gas, diesel and/or electric utility vehicles that range from light-duty to heavy-duty offered by Proposer. b. Transportation Vehicles - A complete and comprehensive selection of gas, diesel and/or electric transportation vehicles to accommodate varying quantities of passengers, including but not limited to, vehicles that can transport from 2 to 8 passengers and any additional larger group options offered by Proposer. c. Golf Vehicles - A complete and comprehensive selection of gas, diesel and/or electric golf vehicles, including but not limited to, golf carts, turf utility vehicles, mobile merchandising vehicles and any other golf vehicles available from Proposer. d. Low-Speed Vehicles (LSV) - A complete and comprehensive selection of gas, diesel and/or electric low-speed vehicles which meet street legal requirements offered by Proposer. e. Accessories and Equipment - A complete offering of accessories and equipment, including but not limited to, trailer hitch and trailer hitch balls, front and rear guards, canopies, cab enclosures, reflectors, mirror kits, strobe lights, decals, modular bed accessories and any other accessories and equipment offered by Proposer. f. Parts - A complete offering of Original Equipment Manufacturer (OEM) repair and maintenance parts offered by Proposer. g. Related Products and Services - Any related products as well as services such as training (on-site and remote), warranty service, technical services, repair services and any other services offered by Proposer. ALL PRODUCTS OFFERED MUST BE NEW, UNUSED, OF THE LATEST DESIGN AND TECHNOLOGY UNLESS OTHERWISE SPECIFIED. 2. REGULATORY REQUIREMENTS AND STANDARDS All products must be manufactured in compliance with all standards including warning labels and safety devices, guard and equipment required to meet the safety standards recognized by industry safety,councils or organizations to establish safety standards such as Outdoor Power Equipment Institute(OEPI), Society of Automotive Engineers (SAE International), American Society of Agricultural and Biological Engineers (ASABE), American National Standards Institute (ANSI), Occupational Safety andHealth Administration (OSHA), Underwriters Laboratories, Inc. (UL), Environmental Protection Agency(EPA), etc. If a product proposed requires a Material Safety Data Sheet (MSDS) it must accompany each shipment. 3. SHIPPING Proposers must include a defined shipping program with its response. If shipping is charged separately, only the actual cost of the freight may be added to an invoice. Shipping charges calculated as a percentage of the product price cannot be used. a. Unless specifically stated otherwise in the "Shipping Program" included in Proposer's response, all prices quoted must be F.O.B. destination with freight prepaid by the Proposer. Shipping terms will be Prepaid and Add F.O.B. Destination from our Club Car Dealer (selling agent). For clarification proposes, shipping terms to our Club Car Dealer (selling agent) are F.O.B. Augusta, GA. Refer to Freight Rates schedule for state specific rate pricing attached in RFP360 files – “2020 DocuSign Envelope ID: 2DDBBD0B-BC9E-4A96-8AD6-8DF9D0A51F45 Page 257 of 313 MASTER CONTRACT FOR PRODUCTS AND SERVICES Page 18 of 24 (REV. 10-05-18) Club Car Freight Rates - OMNIA.pdf”. Rates will be based on the most current published rates that Ryder/Club Car Transportation establishes on a yearly basis. Dealers also charge for Prep, Set-up & Delivery. Vehicles are shipped from the manufacturing facility in Evans, GA to the local Club Car Authorized Dealer (selling agent) requiring final assembly by the Authorized Dealer (selling agent). What the local Club Car Authorized Dealer (selling agent) will charge will be determined by complexity of final assembly and distance between their location and customer. Club Car will implement the following prepping/PDI fee’s for the basic vehicle configurations. For Fleet Golf Cars: o $50 prepping fee o $150 prepping fee for the Café Express For Carryall 411 – Truckster Vehicle: o $600 prepping fee For all remaining Commercial Utility Vehicles (2wd & 4x4), Transportation, Low Speed Vehicles: $450 prepping fee for basic vehicles to include canopy top & windshield installation $800 prepping fee for vehicles with the standard basic cab assembly $400 prepping fee for vehicles with the standard van box to be added in addition to the standard fees listed above if combined with a cab or canopy top/windshield. Vehicles that have a higher level of complexity for final assembly charges will be completely determined by the local Club Car Authorized Dealer (selling agent). The Dealers (selling agents) are all independent businesses. Club Car cannot dictate to them what to charge beyond the base charge to install canopy tops, windshields, basic cabs and basic van boxes. b. Additional costs for expedited deliveries may be added. 4. DELIVERY Equipment will be delivered to various locations for each Participating Public Agency. All deliveries shall be made Monday through Friday from 8:00 am to 4:00 pm local time unless otherwise requested. Proposer is required to provide a minimum of 24 hours' notice prior to delivery with the anticipated time of delivery and quantity to be delivered. Upon delivery, Proposer will provide the following documentation to each Participating Public Agency: a. Manufacturer Statement of Origin (MSO); b. All applicable warranty documents; c. All applicable manuals per paragraph 5; and d. Delivery ticket with appropriate corresponding purchase order number. All Club Car vehicles are shipped from the manufacturing facility in Evans, GA to the local Club Car Authorized Dealer (selling agent) via Club Car Transportation for assembly and then require final delivery to the purchasing Public Entity by the Authorized Dealer (selling agent). The following Dealer delivery fees are to be included in every quote and are on a per vehicle basis: Distance from Dealer to Final Destination Fee Schedule 0-25 round trip miles $75 26-50 round trip miles $100 51-75 round trip miles $125 76-100 round trip miles $150 101 < miles $2/mile round trip 5. VEHICLE INSPECTION Proposer shall work with the Participating Public Agency to arrange for inspection. Each vehicle delivered shall be subject to a complete inspection by the Participating Public Agency prior to acceptance. Inspection criteria shall include, but not be limited to, conformity to the specifications, DocuSign Envelope ID: 2DDBBD0B-BC9E-4A96-8AD6-8DF9D0A51F45 Page 258 of 313 MASTER CONTRACT FOR PRODUCTS AND SERVICES Page 19 of 24 (REV. 10-05-18) mechanical integrity, quality, workmanship and materials. If delivered equipment is returned to the Proposer prior to acceptance for any reason, all corrections shall be made without any inconvenience to the Participating Public Agency. 6. MANUALS Proposer shall furnish the following manuals during delivery of vehicles and sshall provide one (1) hard copy of each as well as one (1) electronic copy on thumb drive or CD. a. Operator's manual b. Parts manual c. Service and repair manual d. Overhaul manual e. Cross reference guide from manufacturer's parts numbers to supplier's parts numbers 7. TRAINING Proposer shall provide training to operators and technicians of the Participating Public Agency at no additional cost. At a minimum, such training shall include operator training on all machine functions as well as operator preventive maintenance. 8. WARRANTY Proposer shall provide all applicable warranties as a part of this RFP response and describe its ability in business days to provide any required warranty service to a Participating Public Agency. Proposer shall also note any extended warranties available and including pricing in Price section of Proposer's response. Club Car’s Authorized Dealer Network and Club Car’s Factory Direct Service Technicians provide both parts and routine vehicle services as well as warranty support services across all areas of North America. All warranty repair request will be provided within five days of the request with the exception of a parts availability issue. All out of stock parts will be prioritized from our corporate headquarters and updates will be communicated along the way. Parts, Preventive Maintenance or routine service request will be scheduled at the time of notification. Factory Direct and Club Car’s Dealer Network offers service packages that can be purchased at any time during the lease or ownership of the vehicle. While warranty failures occur on occasion without notice most failures can be addressed beforehand via proper preventive maintenance. To maximize vehicle uptime Club Car suggest a trained service provider be staffed by the OMNIA purchaser or the purchaser enter into contract with one of the above mentioned authorized service providers. Club Car does not currently offer extended warranties for any of the products for which are being offered in this agreement; Utility, Transportation and Golf Vehicles plus 9. EQUIPMENT RECALLS In the event of any recall notice, technical service bulletin, or other important notification affecting equipment purchased from this contract, a notice shall be sent to appropriate personnel at each participating Public Agency in a timely manner. Proposer shall describe its process for notification of equipment recalls and timing of such notification. See attached “QSP-0138 Product Safety Recall - Retrofit - Warning Campaign Process (1).pdf” in RFP360 DocuSign Envelope ID: 2DDBBD0B-BC9E-4A96-8AD6-8DF9D0A51F45 Page 259 of 313 MASTER CONTRACT FOR PRODUCTS AND SERVICES Page 20 of 24 (REV. 10-05-18) 10. PARTS AND SERVICE The Proposer shall maintain factory authorized parts and appropriate service facility or facilities for routine service and warranty service. Proposer shall detail its ability in business days to provide parts and describe its process for timely delivery of any out of stock parts. Club Car maintains a parts inventory of approximately $12M at its Appling, Georgia location and has a 95% fill rate. Club Car Authorized Dealers also stock parts locally. Club Car’s Authorized Dealer Network and Club Car’s Factory Direct Service Technicians provide both parts and routine vehicle services across all areas of North America. Parts will be provided within 5 days of the request with the exception of a parts availability issue. All out of stock parts will be prioritized from our corporate headquarters and updates will be communicated along the way. 11. SUBSTITUTION OF SPECIFIED ITEMS Whenever the Contract Documents refer to any specific article, device, equipment, product, material, fixture, specified patent or proprietary name, patented process, forms, method or type of construction, by name, make, trade name, or catalog number ("specified item"), such refere nce shall be deemed to be followed by the words, "or approved equal", unless it is indicated that no substitutions will be considered. Any Proposer who has submitted a Proposal prior to the deadline may submit data to the City to substantiate a request to provide an "or approved equal" item when completing Sample Specification Pricing in Attachment No. 1 provided in the Contract Documents. DocuSign Envelope ID: 2DDBBD0B-BC9E-4A96-8AD6-8DF9D0A51F45 Page 260 of 313 2024 Broken Tee Golf Cart Fleet Broken Tee Golf Course 2101 W Oxford Ave Englewood, CO 80110 Page 261 of 313 Executive Summary Broken Tee Golf Course is a City of Englewood Parks, Recreation, Library and Golf facility consisting of 27 golf holes and a large driving range and practice facility. 70,000 golf course rounds in 2022 Due to supply chain issues the past cart agreement wasn’t fulfilled. We were expected to receive 36 new electric golf cars and received 0 Currently using 36 2016 -2018 EZ-GO Carts and 36 2019 –2021 Yamaha golf cars Out of warranty Batteries not lasting a full round Steering, suspension, brakes are worn beyond repair a major safety issue for our patrons. Parts not available, experienced 18 month lead times to repair existing golf car fleet. Page 262 of 313 Goals & Scope Scope: Replace aging golf car fleet Streamline and simplify maintenance and repairs by having all the same year and model of carts and on the same warranty period. Provide a safe and quality vehicle for patrons to enjoy the Englewood recreation facilities 5-year lease to purchase to reduce yearly cart costs with an average life expectancy of 7 years. Goals: Broken Tee Golf Course strives to be a great value and provide an excellent experience for all patrons. Safety –Provide a safe experience for all patrons and the Englewood community Sustainability –Electric golf cars Page 263 of 313 Budget & Costs Omnia Partner Contract #EV2671-01 – Guarantees best available pricing, quality, and service The total cost of the contract with Colorado Golf and Turf is $357,195 $108,000 trade in value for existing cars is included in the total cost of the contract. Colorado Golf and Turf would also provide Broken Tee Golf Course with 36 2020 Electric Club Cars for use in 2023 and 2024 until the new fleet arrives in spring. Reducing repair costs dramatically and patron satisfaction immediately. It was determined a 5-year lease was the most cost-effective method of procurement due to an extensive cost-analysis.Page 264 of 313 Cost-Analysis Options 1.Purchasing fleet (70 Cars) in 2024 (Total Cost -$335,460) 1.Not budgeted 2.Financing over 5 years (Total Cost w/ Interest -$357,194) 1.Most cost-effective option 3.Purchasing fleet over 2 years (Total Cost -$359,533) 1.More expensive and mismatch fleet 4.Purchasing fleet over 3 years (Total Cost -$458,557) 1.More expensive and mismatch fleet The cost increases are due to the cost of rental carts to fill in the gaps and expected price increases each year. Maintenance of older carts fleet isn’t included in the pricing so it will potentially cost us more the longer we wait.Page 265 of 313 2024 Broken Tee Golf Car Fleet Current conditions Page 266 of 313 2024 Club Car Tempo Lead-Acid Electric Golf Cars Page 267 of 313 Why Club Car? •4 year Battery and parts warranty. •Authorized technicians from Colorado Golf and Turf will check fleet once a week and make repairs and warranty claims. •Colorado Golf and Turf is required to keep $20 million in parts inventory per contract with Club Car. •Each cart comes with Dual sand bottles, Ball/club cleaner, and Caddymaster Cooler. •Exceptional quality, durability, and aesthetics for increased safety and patron satisfaction.Page 268 of 313 City of Englewood 2024 Broken Tee Golf Cart Fleet Questions?Page 269 of 313 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Pieter Van Ry DEPARTMENT: Utilities DATE: February 27, 2023 SUBJECT: Contract for Services with C&L Water Solutions for 2023 Valve Replacement Project DESCRIPTION: Award of a Contract for Services (CFS) with C&L Water Solutions, Inc., (C&L) for the 2023 Valve Replacement Project in the amount of $1,159,000, including approval to execute any change order(s) to expend a 20% staff-managed contingency of $231,800, for a total project authorization of $1,390,800. RECOMMENDATION: Utilities staff recommends City Council approve, by Motion, a CFS with C&L for the 2023 Valve Replacement Project in the amount of $1,159,000, including approval to execute any change order(s) to expend a 20% staff-managed contingency of $231,800, for a total project authorization of $1,390,800. The Water and Sewer Board recommended Council approve the CFS with C&L during its February 14, 2023 meeting. PREVIOUS COUNCIL ACTION: • October 3, 2022 – Award of three $200,000 CFSs for On-Call Emergency Water Line Repairs with: Global Underground Corp., Brannan Construction Company and C&L • June 27, 2022 – Approval of a $40,000 Change Order on the CFS-22-07 On-Call Emergency Water Line Repairs Contract with C&L SUMMARY: In 2020, Utilities completed a comprehensive Master Plan of the water system, which identified a need for a Valve Exercise and Maintenance Program to periodically inspect, operate and maintain the City of Englewood’s (City) valves. The Master Plan also identified the need for a Valve Replacement Program to address failing and aging infrastructure and the replacement of inoperable valves identified during the Valve Exercise and Maintenance Program. The City owns and operates 166 miles of water mains, including 2,765 valves. The valves are critical assets that help isolate sections of the distribution system for repairs or replacement. The Utilities Department has had 183 water main breaks occur in the distribution system over the last five (5) years. Each water main break takes on average, ten (10) hours to complete. One of the contributing factors to the significant time needed to complete main breaks is the inability to isolate the line due to failing valves. When a main break happens, the water must be shut down in the area using the nearest valve. Due to an increase in failing valves, additional effort has been required to locate additional valves further upstream to isolate the system. Page 270 of 313 The 2023 Valve Replacement Program includes identified 57 valves in need of replacement. These valves have previously been identified as broken or inoperable, located as shown in Figure 1. Valve sizes included in this project range from 4-inch to 16-inch and are the highest priority for replacement to ensure sections of the distribution can be isolated. As per the 2020 Master Plan recommendations, staff has also created an annual Valve Exercise and Maintenance Program to commence in 2023 that will identify additional high-priority valves that will need to be replaced in future years. Figure 1: 2023 Valve Replacement Map Page 271 of 313 ANALYSIS: The 2023 Valve Replacement and the Valve Exercise and Maintenance Projects were competitively solicited in December 2022 through a Request for Proposal (RFP). Both RFPs were advertised on the Rocky Mountain E-Purchasing System (BidNet). Three (3) contractors submitted proposals and the base price for valve replacement, as well as the fees for emergency repairs are summarized in Table 1. Table 1: Summary of Proposing Contractors, Base Price, and Emergency Repair Fees Contractor Name Base Price Hourly Rate 5-Man Crew for Repairs/Emergencies Hourly Rate Equipment for Repairs/Emergencies % Profit for Time and Materials C&L Water Solutions $1,159,000.00 $463.75 $335.15 10% Blackeagle Energy Services $1,016,221.00 $420.00 $205.00 10% American West Construction $1,282,000.00 $505.00 $295.00 10% The selection committee of five (5) Utilities Operations and Maintenance staff evaluated and ranked the proposals based on the contractor's project understanding and management approach, project team experience and technical capability, price proposal, and overall proposal quality and responsiveness. Utilities staff selected C&L for 2023 Valve Replacement Program, as C&L provides the best value in their ability to respond to unexpected emergencies, previous work history in the water industry, and experienced project team. The 2022 RFP included the option for both parties to renew the one-year contract for up to an additional four (4) years. COUNCIL ACTION REQUESTED: Motion to approve a Contract for Services with C&L Water Solutions, Inc., for the 2023 Valve Replacement Program in the amount of $1,159,000, including approval to execute any change order(s) to expend a 20% staff-managed contingency of $231,800, for a total project authorization of $1,390,800. FINANCIAL IMPLICATIONS: Funding for this contract is included in the 2023 Utilities budget. A 20% contingency is requested due to an increased likelihood of unexpected infrastructure failure as the aging valves are replaced. The contingency will be managed by Utilities staff, and only used for problems that may be discovered during construction, such as corrosion down the water line, asphalt failure, or conflicts with underground utilities that had not been previously identified. Source of Funds Line-Item Description 2023 Line-Item Budget YTD Line-Item Expensed Purchase Amount 40–1609–61262 Water Fund, Engineering, Water Distribution System $8,150,000 $0 $1,159,000 Page 272 of 313 PROCUREMENT INFORMATION Account Number: 40–1609–61262 Project Number: 40 30012: Util. Valve Replacemt. Task Number: 003: Util. VR Constr. CONNECTION TO STRATEGIC PLAN: Infrastructure: • Ensure protection of the City's water infrastructure Sustainability: • Maintaining infrastructure Safety: • Ensure safe drinking water is delivered to customers ATTACHMENTS: Contract Approval Summary (CAS) CFS-23-13 / Schedule A / C&L Water Solutions Pricing/Proposal PowerPoint Presentation Page 273 of 313 Contract Number City Contact Information: Staff Contact Person Phone Title Email Summary of Terms: Original Contract Amount Start Date 2/22/2023 Amendment Amount End Date 2/22/2024 Amended Contract Amount Total Term in Years 1.00 Vendor Contact Information: Name Contact Address Phone Email Littleton CO City State Zip Code Contract Type: Please select from the drop down list Descripiton of Contract Work/Services CONTRACT APPROVAL SUMMARY C&L Water Solutions 12249 Mead Way CFS-Contract for Services CFS-23-13 2023 Valve Replacement Project $ 1,159,000 $ - $ 1,159,000 M: 303-961-1511Ryan Ratcliff rratcliff@englewoodco.govUtilities Distribution and Collections Renewal options available one-year contract term, with the option for four (4), one-year renewals The work involves the replacement of fifty-seven (57) valves within Englewood’s potable water service area. Valve sizes included in this project range from 4-inch to 16-inch. Pipe material connections to the valves include polyvinyl chloride (PVC), ductile iron (DIP), steel, and cast iron (CI). Valves have been separated into three major areas within Englewood, including ten (10) valves North/West of South Santa Fe Drive, forty-one (41) valves East of South Santa Fe Drive between Yale Avenue and Belleview Avenue, and six (6) valves South/West of South Santa Fe Drive. Additional work pertaining to this Project includes, but is not limited to, asphalt patching, concrete restoration, landscape restoration, traffic control, and on-call services. All work will be primarily located within the City of Englewood, Colorado. Reference RFP-22-052 80125 Payment or Revenue terms (please describe terms or attached schedule if based on deliverables) O: 720-980-6501 clarson@clwsi.com Christopher Larson Monthly Invoice Submittals – Contractor shall submit monthly invoices detailing costs incurred in conjunction with the project. Each invoice shall cover a period of one calendar month (or a four (4) week period) and shall be submitted to the City within six (6) weeks after the end of each billing cycle. Electronic invoices shall be submitted to UtilitiesAP@EnglewoodCO.gov and the Englewood Utilities Project Manager. City will pay Consultant on a monthly basis within 30 days of receipt of invoices. All payments to Consultant are contingent on Consultant’s satisfying the Deliverables/Milestones set forth in the Payment Schedule. Page 274 of 313 CONTRACT APPROVAL SUMMARY Procurement Justification of Contract Work/Services Page 275 of 313 CONTRACT APPROVAL SUMMARY Source of Funds: Revenue CAPITAL ONLY A B C 1=A-B-C Capital Tyler New World Spent To Contract Budget Operating Year Project # / Task #Fund Division Account Line Item Description Budget Date Amount Remaining C 2023 40 30012: Util. Valve Replacemt. 003: Util. VR Constr. 40 1609 61262 8,150,000$ -$ 1,159,000$ 6,991,000$ C 2023 Contingency amount (if needed) 40 1609 61262 -$ 231,800$ (231,800)$ O -$ -$ -$ -$ O -$ -$ -$ -$ O -$ -$ -$ -$ Total Current Year 8,150,000$ -$ 1,390,800$ 6,759,200$ C -$ -$ -$ -$ C -$ -$ -$ -$ O -$ -$ -$ -$ O -$ -$ -$ -$ O -$ -$ -$ -$ Total - Year Two -$ -$ -$ -$ GRAND TOTAL 8,150,000$ -$ 1,390,800$ 6,759,200$ Process for Choosing Contractor: Solicitation Name and Number Attachment (For Capital Items Only / Expense Line Item Detail is Located in OpenGov): All Other Attachments: RFP-22-052 NOTES/COMMENTS (if needed): For Operating Line Item Detail, please review information provided in Tyler New World For Capital Items, please review Prior Month's Project Status and Fund Balance Report Water Fund, Engineering, Water Distribution System Water Fund, Engineering, Water Distribution System General Ledger Account String Solicitation:Evaluation Summary/Bid Tabulation Attached Response of Proposed Awardee Prior Month-End Project Status and Fund Balance Report Evaluation Summary/Bid Tabulation AttachedEvaluation Summary/Bid Tabulation AttachedEvaluation Summary/Bid Tabulation AttachedContract Copy of Original Contract if this is an Amendment Copies of Related Contracts/Conveyances/Documents Addendum(s) Exhibit(s) Certificate of Insurance Page 276 of 313 Page 277 of 313 Page 278 of 313 Page 279 of 313 Page 280 of 313 Page 281 of 313 Page 282 of 313 Page 283 of 313 Page 284 of 313 Page 285 of 313 Page 286 of 313 Page 287 of 313 Page 288 of 313 Page 289 of 313 Page 290 of 313 2 Contents 2. Experience and Technical Capabilities .............................................................................................. 4 3. Project Understanding, Approach, and Anticipated Schedule .................................................. 6 4. Fee and Rate Schedule .............................................................................................................................. 6 APPENDICES ........................................................................................................................................................ 7 Closing Statement: LOVE, LIVE, LEAD .................................................................................................... 9 Page 291 of 313 3 City of Englewood December 6, 2022 Finance Department 1000 Englewood Parkway Englewood, CO 80110 RE: RFP- 22-052 Valve Replacement Project Dear Proposal Review Committee, Based in Littleton, CO, C&L Water Solutions, Inc. opened its doors in 1979, and has become well known as a heavy civil utility contractor providing 24/7/365 service for water, sewer and storm sewer installation, repair and rehabilitation services for cities and municipalities throughout Colorado and most of Utah. Currently, we are an on-call service provider for contracts like this RFP for more than 40 water, sanitation districts, cities, and other government agencies. We feel we are an excellent fit for the scope of work and contractor the city is looking for. C&L has the technical and long-term experience to produce a solid understanding of the scope of work involved. We have been specifically performing this type of work for more than 43 years. Our capabilities include: 1. On-call emergency response (24/7/365) for water and sewer: we carry 4 fully equipped crews to respond to emergencies of any size with a fleet of our own equipment, shoring, inventory of standard repair parts and pipe as well as bypass pumps and pipe. 2. Open Cut Services for water, sewer, and storm: we are fully capable to handle any water and sewer mainline installation or replacement. 3. Repair crews for maintenance, inspection and repair of water and sewer appurtenances such as the valves described in this RFP. 4. Level 1-4 certified water operators on-staff. This is what separates us from our competition, we are uniquely adapted to this type of work. We are also positioned to provide multiple services under one roof to drive value up and costs down. Thank you for this great opportunity and we look forward to hopefully working with you in the future! Very Sincerely, Chris Larson, COO Page 292 of 313 Page 293 of 313 5 Subcontractor Personnel Warning Lites – Julie Grant Traffic Control TCS and Traffic Control Plans Flashfill Services – Doug Hernandez Flashfill Backfill, Backfill and C- Cap Metro Pavers – Mike Sasina Asphalt and Concrete All Aspects for surface restore Safety EMR and OSHA Citations 2019 - 1.01 OSHA Citations – 0 citations in last 3 years 2020 - 0.72 2021 - 0.66 Owner References with Proposed Staff Reference 1 – City of Thornton Valve Replacement Program Owner’s Name City of Thornton 2020/21 Description of Work Over 200 Valve cut-ins throughout various areas of the City, including complex and dangerous intersections. C&L Staff Tim Cain; Superintendent, Christopher Jones, PM, Danny Braning; PM, Pat Riggs; Foreman. Owner Reference City Project Manager: Kristin Schwartz -720-977- 6208, Kristin.Schwartz@thorntonco.gov City Utility Maintenance Supervisor: Steve Crow - 720-977-6553, Steve.Crow@thorntonco.gov Reference 2 – Southgate W&S O&M Repair List Owner’s Name Southgate W&S 2000 to Present Description of Work Emergency response, appurtenance repair and replacements C&L Staff Christopher Jones, PM; Pat Riggs, Foreman; Tim Rush, Foreman; Kenny Borst, Foreman Owner Reference Richard Welch – 303-779-0261 rwelch@southgatedistricts.org Reference 3 – Bear Creek Water and Sanitation District Owner’s Name Bear Creek W&S District 1984 - Present Description of Work Emergency On-call, Locating Service, Operations and Maintenance, Repairs and Replacements for water and sewer. C&L Staff Christopher Jones, PM; Pat Riggs, Foreman; Tim Rush, Foreman; Kenny Borst, Foreman Owner Reference Jan Walker, District Manager – 303-986-3442 janwalker@bearcreekwater.org Page 294 of 313 6 Two-Five Years of Similar Projects Due to space allowed, the following clients have been clients of C&Ls for greater than 5 years. Special Districts: We have performed emergency, repair and replacement services for all of the following under an annual contract basis: Bear Creek W&S, Southwest Metro/Platte Canyon/Bowmar W&S, Stone Gate W&S, Southgate W&S, Roxborough W&S, Bancroft Clover W&S, Sheridan W&S, Centennial W&S, Willows Water District, Cottonwood W&S, Country Homes W&S, Sedalia, Thunderbird W&S, Northern Douglas County W&S, Inverness W&S and many others. Cities (~2 years or more): City of Thornton, City of Northglenn, City of Englewood, City of Littleton, Town of Castle Rock, City of Fort Collins, and City of Longmont. 3. Project Understanding, Approach, and Anticipated Schedule Being on-call for Englewood, C&L understands the water system and that there are more water breaks during the winter months versus the warmer months. C&L will approach this project starting in late February only working on valves in local side streets with basic water shutdowns and will plan on installing valves five days a week as the weather allows. As the weather starts to warm C&L will start on the valves in the collector and arterial roadways during the daytime. Additionally, C&L will not be installing valves in the busier roadways on Fridays. Lastly, C&L will complete the valves with the larger shutdowns and some in the busier roadways that have been requested as night work. The C&L crew will have the following day off after these valves are installed and C&L will still not work in these areas on Fridays so there will only be two valves a week installed in these areas. C&L will also have a repair crew available in the morning while the mains are being isolated in case of a water break. C&L will have a licensed water worker/project manager onsite during the isolation/cutting in the valve and recharging of the mains, to include any testing as needed. This onsite manager will also notify Englewood’s customers for water outages, run for parts for the crew if needed, answer questions that the public might have and work closely with the city as needed. C&L will load spoil directly into tandem dump trucks and will not put soil onto the ground to keep the sites clean and eliminate any erosion control issues, Flash fill will be scheduled daily to backfill all excavations. C&L will have their asphalt/Concrete subcontractor scheduled each Friday to keep up on restore of the sites that have been completed. If there are valves added or eliminated the senior project manager will keep track of all changes, so we keep the city on budget. The senior project manager will also submit progress payments monthly and update a 4-week schedule monthly. 4. Fee and Rate Schedule Due to RFP four-page limitation; closing statements, rate schedule (Attachment C), and schedule are included in the appendices. Page 295 of 313 7 APPENDICES Closing Statements Fee and Rate Schedule Schedule Page 296 of 313 Page 297 of 313 Page 298 of 313 Valve ID Address/Intersection Valve Size (inch) Depth from road surface to valve nut (inch) Night Work Required Description of Issue Type of Work Involved Lump Sum 3-2-4-26 Broadway/Lehigh 12 39 Yes Rounded nut-Does not operate multiple buisnesses night work $28,665.00 10-2-1-21 Broadway/Radcliff 12 60 Yes Won't turn multiple buisnesses night work $28,665.00 35-2-2-38 Clarkson/Yale 12 27 No Doesn't close 6 valves affects residential day work $22,916.00 10-3-3-9 Huron/Belleview 12 37 Yes Won't turn (850 Lbs)Night work connected to 24" apartments $29,086.00 3-1-2-17 Kenyon/Grant 12 31 Possible Packing leaks tied on to the 36" affects large apartment complex (night work or day depending on complex needs)$23 052.00 10-4-4-34 Logan/Belleview 12 40 Yes Won't turn (800 Lbs)Requires zone 2 feed to be shut down 12x24 night work $34,500.00 10-4-4-45 Logan/Chenango 12 31 Yes Rounded nut doesn't work affects school/church potential night work 7 valve minimum 6 block area $29,480.00 33-2-3-31 Tejon/Bates 12 39 Yes Nuts rounded 6 valves affects multiple warehouses night work recommended $24,897.00 3-2-4-24 Bannock/Mansfield 8 39 No Offset box 4 valves day work intersection shows potential tapping valve $15 905.00 17-2-2-26 belleview/linden 8 34 No Leaks bad 10 valves day work residential $22,473.00 3-4-2-25 Broadway/Oxford 8 40 Yes Packing leaks night work buisnesses affected 4 valves $35,696.00 3-1-3-12 Grant/Lehigh 8 68 No Offset box day work requires 36" shut down $17,173.00 28-2-3-14 Zuni/Illiff 8 29 No Rounded nut day work residential housing affected 5 valves $15,868.00 28-3-3-14 Zuni/Vassar 8 34 No Rounded nut day work 5 valves hillside valve shows rounded $16,500.00 34-3-4-27 Acoma/Englewood Pkwy 6 53 No Rounded nut 3 valves works in with acoma/hampden shutdown reccomend doing both at the same time. 20" needs to be shut down (possible 12 " valve)$19,281.00 34-3-4-28 Acoma/Hampden 6 52 Yes Only get 6 turns, Possibly closes 2 valves 3 buissnesses 1 apartment building night work $18,559.00 17-2-2-25 belleview/linden 6 42 No Rounded nut 10 valves day work residential $19 553.00 3-1-3-20 Broadway/Mansfield 6 30 Possible Won't shut down 8 valves including 12 inch in broadway which affects multiple buisnesses including 7/11 night work? shares shutdown with lincoln and mansfield 2 valves $22,462.00 3-4-3-4 Broadway/Princeton 6 42 No Won't turn 2 valves 2 buisnesses affected would require coordination $17,582.00 10-2-4-15 Broadway/Tufts 6 33 No Packing leaks done with the additional valves to be added on tufts and pearl or logan. 25 valves day work 26 if there is a 4" and 8 " at pennsylvania $18,210.00 10-1-3-16 Broadway/Tufts 6 36 No Broken, spins both directions done with the additional valves to be added on tufts and pearl or logan. 25 valves day work 26 if there is a 4" and 8 " at pennsylvania $18,210.00 3-2-1-46 Cherokee/US285 6 35 No Broken open 5 valves kills 12" water main multiple restaraunts $21,800.00 35-2-3-24 Clarkson/Dartmouth 6 60 No Rounded nut 7 valves residential busy street day work possible $20 660.00 35-3-1-24 Dartmouth/Humbolt 6 40 No Broken closed day work affects multiple residential homes 5 valves $21,657.00 35-3-1-25 Dartmouth/Lafayette 6 34 No Rounded nut 8 valves residential some what busy street day work possible $17,785.00 33-2-3-20 Dartmouth/Umatilla 6 41 No Leaks bad 3 valves industrial area could possible do during the day with coordination with buisnesses $17,233.00 35-4-1-35 Dartmouth/University 6 46 Yes Doesn't close 3 valves 1 school rest residential busy intersection recommend night work $27,000.00 8-4-2-10 Decatur/Chenango 6 55 No Broken closed 5 valves residential day time requires 14 shut off $16,730.00 3-2-1-48 Delaware/US285 6 45 No Rounded nut 5 valves kills 12" water main multiple restaraunts $22,427.00 3-2-3-1 Elati/Lehigh (Hyd. Valve)6 24 No Doesn't operate, packing leaks 4 valves 1 house affected $14,217.00 8-2-4-9 Federal/Pimlico 6 42 No Packing leaks 3 valves requires shut down of 10 inch good amount of residential affected day work $14,500.00 Page 299 of 313 8-1-3-8 Federal/Union 6 41 Yes Packing leaks 3 valves 2 large blocks of residential in federal night work $28,047.00 34-3-2-23 Fox/Floyd 6 36 No Rounded nut 6 valves residential looks close to retaining wall day work $23,500.00 3-1-3-16 Grant/Mansfield 6 47 No Broken unknown position 6 valves residential day time inter connect with 36 $14,217.00 8-2-4-11 Irving/Union 6 43 No Packing leaks 4 valves residential area day time $14 426.00 3-1-2-3 Jefferson/Grant 6 42 No Hydrant iso valve hydrant valve connected to 36" could potentially be connected to new 8" water main rather than 36"$17,892.00 4-1-4-6 Kalamath/Lehigh 6 31 No Rounded nut 8 valves affects post office could be day work?$21,893.00 3-1-2-18 Lincoln/Kenyon 6 39 No Packing leaks 6 valves some residential not much affected interconnect valve at kenyon and grant affects this shut down should be done first $15 963.00 3-1-3-19 Lincoln/Mansfield 6 44 Possible Broken open 8 valves including 12 inch in broadway which affects multiple buisnesses including 7/11 night work? shares shutdown with lincoln and mansfield inserta valve and broadway mansfield 3-1-3-20 $22 040.00 inserta-valve Lincoln/Mansfield 6 48 Possible Broken closed (Insert-A-Valve) 8 valves including 12 inch in broadway which affects multiple buisnesses including 7/11 night work? shares shutdown with lincoln and mansfield 3-1-3-19 and broadway mansfield 3-1-3-20 $22,038.00 34-1-1-8 Logan/Yale 6 33 No Rounded nut 5 valve residential day work $26,232.00 install valve Pearl/Tufts 6 No Install valve WEST done with the additional valves to be added on tufts and pearl or logan. 25 valves day work 26 if there is a 4" and 8 " at pennsylvania $15,755.00 install valve Pearl/Tufts 6 No Install valve EAST done with the additional valves to be added on tufts and pearl or logan. 25 valves day work 26 if there is a 4" and 8 " at pennsylvania $15 713.00 10-1-4-9 Pearl/Tufts 6 48 No Packing leaks done with the additional valves to be added on tufts and pearl or logan. 25 valves day work 26 if there is a 4" and 8 " at pennsylvania $15,824.00 10-4-4-42 Pennsylvania/Grand 6 45 No Packing leaks 3 valves daycare tapped onto main. could be day work with proper coordination $15 336.00 34-1-2-18 Sherman/Yale 6 28 Yes Hold down nut gone 5 valves 1 restaraunt some what busy street potential night work $27,935.00 33-2-4-4 Shoshone/Cornell 6 34 No Leaks bad needs replaced 2 valves multiple buisnesses would need to coordinate shut down with them $15,051.00 28-3-1-9 Tejon/Baker 6 28 No Offset box 7 valves industrial/residential busy street would require coordination with buisnesses $24,613.00 28-2-4-10 Tejon/Illiff (North)6 51 No Rounded nut 9 valves if 28-2-3-14 is fixed first would reduce it to 7 valves. residential some what busy street. $15 497.00 33-2-3-33 Umatilla/Bates 6 35 No Broken stem 3 valves industrial area could possible do during the day with coordination with buisnesses $15,016.00 33-2-3-35 Vallejo/Bates 6 15 No Broken closed 4 valves industrial area could possible do during the day with coordination with buisnesses $17,885.00 28-3-2-5 Zuni/Harvard 6 40 No Rounded nut (closed position?)4 valves residential area day time $20 578.00 install valve Elati/Oxford north 4 No Install valve NORTH 4 valves residential day time $20,104.00 install valve Elati/Oxford south 4 No Install valve SOUTH 4 valves residential day time $19,127.00 3-2-3-5 Fox/Lehigh 4 45 No Packing leaks 6 valves residential day time $13,579.00 3-1-1-12 Pearl/285 4 31 No Rounded nut 4 valves 3 apartment buildings affected coordination required with them $14 244.00 9-1-3-5 Tufts/Mariposa 4 55 No Broken 6 valves some commercial affected day time $13,753.00 Total Price:$1,159,000.00 Additional Costs Unit Bid Price Hourly Rate - Labor for repairs/emergencies $463.75 Hourly Rate - Equipment for repairs/emergencies $335.15 % Profit for time and materials 10%Page 300 of 313 Page 301 of 313 Page 302 of 313 Page 303 of 313 Page 304 of 313 Page 305 of 313 Page 306 of 313 Page 307 of 313 Page 308 of 313 2023 Valve Replacement Program City Council, Regular Session Pieter Van Ry, Englewood Utilities and South Platte Renew Director February 21, 2023 Page 309 of 313 Valve Replacement Overview •Recommended in 2020 Master Plan •Developed Valve Exercise and Maintenance Program •2023 Project to replace 57 inoperable valves Page 310 of 313 Selection Process Contractor Name Base Price Hourly Rate –5-Man Crew for Repairs/Emergencies Hourly Rate – Equipment for Repairs/Emergencies % Profit for Time and Materials C&L Water Solutions $1,159,000.00 $463.75 $335.15 10% Blackeagle Energy Services $1,016,221.00 $420.00 $205.00 10% American West Construction $1,282,000.00 $505.00 $295.00 10% Three (3) Contractors responded to December 2022 RFP Selected C&L Water Solutions •Determined best value •Relevant and strong project experience •Excellent project approach and understanding •Previous experience with project team Page 311 of 313 Questions?Page 312 of 313 Thank you Page 313 of 313