HomeMy WebLinkAbout2023-11-06 (Regular) Meeting Agenda PacketPlease note: If you have a disability and need auxiliary aids or services, please notify the City of Englewood (303-
762-2405) at least 48 hours in advance of when services are needed.
1000 Englewood Pkwy - Council Chambers
Englewood, CO 80110
AGENDA
City Council Regular Meeting
Monday, November 6, 2023 ♦ 6:00 PM
Council Dinner will be available at 5:30 p.m.
To view the meeting, please follow this link to our YouTube live stream link: YouTube
1.Study Session Topic
a.Director of Finance Jackie Loh will be present to review the Monthly Financial Report.
6:00 p.m. - 6:15:p.m.
Information
Presentation: 10 minutes
Discussion: 5 minutes
1a documents
b.Deputy City Manager Tim Dodd, Deputy Director of Parks Recreation, Library and Golf
Brad Anderson, Carson Bise, and Tishler Bise will be present to discuss Development
Impact Fees. 6:15 p.m. - 7:00 p.m.
Information and Direction
Presentation: 15 minutes
Discussion: 30 minutes
1b documents
2.Call to Order
3.Pledge of Allegiance
4.Roll Call
5.Consideration of Minutes of Previous Session
a.Minutes of the Regular City Council Meeting of October 16, 2023.
5a documents
6.Appointments, Communications, Proclamations, and Recognition
a.Recognition of the Finance Department for receiving the Government Finance Officers’
Association’s Distinguished Budget Presentation Award for the 2023 budget.
b.Recognition of the Finance Department for receiving a certificate of achievement for the
Annual Comprehensive Financial Report.
c.Diabetes Month Proclamation
6c documents
7.Recognition of Scheduled Public Comment
Page 1 of 155
Englewood City Council Regular Agenda
November 6, 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.
Public Comment will begin shortly after 7:00 p.m.
The deadline to sign up to speak for Scheduled Public Comment is Wednesday by 5 p.m., prior
to the meeting, through the City Clerk’s Office. This is an opportunity for the public to address
City Council. There is an expectation that the presentation will be conducted in a respectful
manner. Council may ask questions for clarification, but there will not be any dialogue. Please
limit your presentation to five minutes. Written materials for presentation to Council may be
submitted to the City Clerk.
a.Jennifer White, an Englewood resident, will address Council.
b.Stephanie Brooks, an Englewood resident, will address Council.
c.Mike Jones, an Englewood resident, will address Council.
d.C. Ann Dickerson, an Englewood resident, will address Council.
e.Sheila Singer, an Englewood resident, will address Council.
8.Recognition of Unscheduled Public Comment
If you would like to sign-up to speak virtually for public comment at the upcoming City
Council meeting on Monday, November 6th, please visit: Zoom to register or plan to
attend the meeting in person.
If registering to speak virtually, you will receive a unique and personalized invitation by email to
join the meeting. Every speaker who wants to register should sign-up with their own email
address. If you do not have an email address or if you have any questions regarding this
process, please reach out to the City Clerk's Office at CityClerk@englewoodco.gov or call 303-
762-2430.
Citizens may also submit written public comments to the City Clerk's Office at
CityClerk@englewoodco.gov until 12 p.m. Tuesday, November 7th.
This is an opportunity for the public to address City Council. There is an expectation that the
presentation will be conducted in a respectful manner. Council may ask questions for
clarification, but there will not be any dialogue. Please limit your presentation to 3 minutes.
Council Response to Public Comment.
9.Consent Agenda Items
a.Approval of Ordinances on First Reading
i.CB-47 Amending Englewood Municipal Code to establish clear authority for the
City's current fees for usage of City property, facilities and services
9ai documents
Staff recommends City Council approve a Bill for an Ordinance Amending
Englewood Municipal Code regarding Usage Fees. Staff: City Attorney Tamara
Niles
Page 2 of 155
Englewood City Council Regular Agenda
November 6, 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.
ii.CB-69 Amending Englewood Municipal Code to provide consistency in Council
fee- setting mechanisms
9aii documents
Staff recommends City Council approve a Bill for an Ordinance amending various
sections of municipal code to provide consistency in Council fee-setting
mechanismd. Staff: City Attorney Tamara Niles
b.Approval of Ordinances on Second Reading.
c.Resolutions and Motions
i.Amendment to the contract between the City and Historic Englewood
9ci documents
Staff recommends City Council approve, by Motion, Amendment to the Contract
between the City and Historic Englewood Staff: Deputy City Manager Tim
Dodd
10.Public Hearing Items
11.Ordinances, Resolutions and Motions
a.Approval of Ordinances on First Reading
b.Approval of Ordinances on Second Reading
c.Resolutions and Motions
i.City Council policy updates
11ci documents
Staff recommends City Council approve, by Motion, amendments to current City
Council Policies. Staff: City Attorney Tamara Niles
12.General Discussion
a.Mayor's Choice
b.Council Members' Choice
13.City Manager’s Report
14.Adjournment
Page 3 of 155
STUDY SESSION
TO:Mayor and Council
FROM:Jackie Loh
DEPARTMENT:Finance
DATE:November 6, 2023
SUBJECT:September 2023 Monthly Financial Report
DESCRIPTION:
Director of Finance Jackie Loh will be present to review the Monthly Financial Report
RECOMMENDATION:
The Monthly Financial Report is informational only and staff seeks input from City Council to
clarify or verify the information provided.
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 September 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 September 2023, the City of Englewood's General Fund revenues total $50,489,000
which is 78.5% of budgeted revenues, or $3,184,000 higher than the same period in 2022. Total
revenue YTD is tracking 6.7% higher than the same period in 2022. Expenditures YTD are
$45,843,000 or 70.7% of the budgeted expenditures. Total expenditures YTD are $3,284,000 or
7.7%, higher than those in 2022.
Per Council request, any one-time revenues and expenditures for 2023 and 2022 have been
adjusted as noted.
Please note that the budget column includes the new revenues from the sales & use tax
increases and corresponding additional expenditures from 2023 budget supplementals #1, #2
and #3.
ANALYSIS:
Revenue highlights are below:
Through September 2023, the city has received $8,674,000 in property taxes. Of that
total, $5,134,000 went to the General Fund, $818,000 to the EDDA, and the rest to debt
service for the Parks and Recreation and Police Building General Obligation (GO)
bonds.
Page 4 of 155
Sales & Use Tax remittances total $31,350,000 and are 72.8% of fiscal budgeted
revenue; Sales & Use Tax revenue is $2,124,000 higher than the same time last year.
Additionally, the Sales & Use Tax audits and voluntary disclosure collections amount to
$76,000.
Marijuana Sales Tax accounts for $1,054,000 of the total Sales & Use Tax revenue YTD
and is ($155,000) lower than 2022.
Licenses and Permits revenue is down ($592,000) compared to 2022 due to several
large building permits in 2022.
Charges for services are higher due to the new IT cost allocation of $369,000 for
software and licenses directly attributable to enterprise funds.
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
September 5th, 2022.
For 2022, the General Fund still restricts $360,000 of ARPA funds to be used for
homelessness related projects. ARPA funds already spent from the General Fund
include $33,000 for Workforce Training, $17,000 for the Vaccine program and $22,000 for
Homelessness. 2023 Budget Supplemental #1 authorized spending an additional $79,000 for
the Homelessness Action plan and related projects.
Investment Earnings are $895,000 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.
Please note that the 2022 December YTD one-time revenues of $188,000 for the sale of the
Fire Training Academy, and $138,000 for health insurance savings and $1,119,000 Football
Stadium tax refund are subtracted.
Expenditures highlights are below:
Across all departments, part of the variance is due to a 5% salary increase for all staff
and an additional 2% inflationary increase approved by Council in June 2023.
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.
Expenditure variances for Police, Public Works and PRLG are also partially due to an
increase in internal billings for the yearly vehicle maintenance and CERF charges. The
internal rates were temporarily lowered in 2021 and 2022 but have been returned to
normal in 2023.
Please note that the 2022 December YTD one-time expenditures of ($235,000) for pension
contribution credits and $1,418,000 for debt service to pay off the COP’s early have both been
subtracted from the operating figures.
The YTD Operating surplus (Excess Revenues over/(under) Expenditures) is $4,646,000,
compared to the Amended Budgeted Operating Deficit of ($540,000). There is a $138,000
transfer from the Public Improvement Fund for Debt Service and transfers out of ($1,000,000)
for capital projects and ($2,175,000) for the Dartmouth Bridge approved by Council as part of
Page 5 of 155
2023 budget supplemental #1 and ($60,000) transferred out for IT equipment for new
employees as part of the 2023 budget supplemental #3.
The General Fund – Fund Balance Composition, slide #10, shows a YTD change in total fund
balance of $1,549,000, which includes the total surplus of $4,646,000 and a net transfer out of
($3,097,000). This surplus includes all one-time items.
Englewood Environmental Foundation Dissolution
The Englewood Environmental Foundation (EEF) dissolution will impact the 2023 and 2024
financials. Following are the General Fund financial impacts that will be discussed and are
included in the PowerPoint for council's reference.
2023 Impacts
o EEF resigned as property manager for the Common Area Maintenance (CAM) on
August 2, 2023; however, not effective until November 2, 2023
o As of September 25, 2023, the lease agreement between the City and EEF was
terminated and titles to all EEF properties transferred to the City
o All other EEF assets and liabilities will also be transferred to the city’s balance
sheet and included in the city’s audited 2023 Annual Comprehensive Financial
Report
o Effective November 3, 2023, all CAM related expenditures and revenues will be
accounted for in the General Fund Public Works Department
o Public Works may require a 2023 budget supplemental to cover new CAM costs
from November 3, 2023 through December 31, 2023 (~April/May 2024)
2024 Impacts
o The 2024 CAM budget including both revenues and expenditures is being
formulated and will require a budget supplemental to increase the General Fund
Public Works Department budget
COUNCIL ACTION REQUESTED:
Information and discussion only.
FINANCIAL IMPLICATIONS:
Information included above.
CONNECTION TO STRATEGIC PLAN:
Governance: Assist the City to become fiscally accountable, effective and efficient.
ATTACHMENTS:
2023 September Financial Report
Page 6 of 155
September 2023 Monthly Financial Report
Presented By: Jackie Loh, Director of Finance
Page 7 of 155
General Fund Revenues
•Through September 2023, year-to-date revenues are 78.5% of the Fiscal
Year 2023 budget.
•Through September 2022, year-to-date revenues were 76.5% of the total
Fiscal Year 2022 revenues.
•Total Sales and Use Tax Revenue is $31,350,000 in 2023 compared to
$29,226,000 in 2022.
•General Fund revenues exclude one-time items as noted.Page 8 of 155
General Fund Revenues
•2023 – no one-time adjustments •2022 excludes $188,000 for sale of Fire Training Academy
•2022 excludes $138,000 for health insurance savings
•2022 excludes $1,119,000 for Stadium District refund
2023 2022
Revenues Budget Sep-23 % Budget Dec-22 Sep-22 % YTD $ Diff % Diff
Property Tax 5,171,000 5,134,000 99.3%5,237,000 5,189,000 99.1%(55,000) 0.0%
Specific Ownership Tax 530,000 360,000 67.9%541,000 361,000 66.7%(1,000) 0.0%
Sales & Use Taxes 41,601,000 30,296,000 72.8%38,772,000 28,017,000 72.3%2,279,000 8.1%
Sales Tax - Marijuana - 1,054,000 1,898,000 1,209,000 (155,000) -12.8%
Cigarette Tax 170,000 81,000 47.6%111,000 61,000 55.0%20,000 32.8%
Franchise Fees 3,915,000 2,864,000 73.2%3,920,000 2,727,000 69.6%137,000 5.0%
Hotel/Motel Tax 25,000 57,000 228.0%64,000 45,000 70.3%12,000 26.7%
Licenses & Permits 1,379,000 1,856,000 134.6%3,196,000 2,448,000 76.6%(592,000) -24.2%
Intergovernmental Revenue 1,220,000 788,000 64.6%1,259,000 770,000 61.2%18,000 2.3%
Charges for Services 3,830,000 2,695,000 70.4%3,290,000 2,411,000 73.3%284,000 11.8%
Parks and Recreation 3,124,000 2,329,000 74.6%2,420,000 2,199,000 90.9%130,000 5.9%
Fines & Forfeitures 501,000 270,000 53.9%373,000 294,000 78.8%(24,000) -8.2%
Investment Earnings 155,000 466,000 300.6%(247,000) (429,000) 173.7%895,000 208.6%
EMRF Rents 1,800,000 1,442,000 80.1%1,765,000 1,348,000 76.4%94,000 7.0%
Miscellaneous 913,000 797,000 87.3%2,159,000 2,100,000 97.3%(1,303,000) -62.0%
Total Revenues 64,334,000 50,489,000 78.5%64,758,000 48,750,000 75.3%1,739,000 3.6%
One-time Revenues noted below - - (1,445,000) (1,445,000) 1,445,000
Total Revenues less one-time items 64,334,000 50,489,000 78.5%63,313,000 47,305,000 74.7%3,184,000 6.7%
2023 vs 2022
Page 9 of 155
Sales and Use Tax Revenues
Other Sales and Use Tax Information 2022 2023 % Change $ Change
Refunds 204,000$ 210,315$ 3%6,315$
Unearned Sales Tax-reserved for refunds 2,100,000$ 2,100,000$ 0%-$ Page 10 of 155
General Fund Expenditures
•Through September 2023, year-to-date expenditures are 70.7% of the
Fiscal Year 2023 budget.
•Through September 2022, year-to-date expenditures were 75.5% of the
total Fiscal Year 2022 expenditures.
•Through September 2023, a net of ($3,097,000) has been transferred out
of the General Fund.
•General Fund expenditures exclude one-time items if noted.Page 11 of 155
General Fund Expenditures
•2023 – no one-time adjustments •2022 – excludes a one-time credit for pension forfeitures $235,000.
•2022 – excludes the one-time debt service payment to pay off the COP’s early ($1,418,000).
2023 2022
Expenditures Budget Sep-23 % Budget Dec-22 Sep-22 % YTD $ Diff % Diff
Legislation 296,000 155,000 52.4%276,000 172,000 62.3%(17,000) -9.9%
Administration 1,701,000 1,093,000 64.3%1,229,000 834,000 67.9%259,000 31.1%
City Attorney 1,191,000 745,000 62.6%1,002,000 681,000 68.0%64,000 9.4%
Court 1,572,000 986,000 62.7%1,171,000 847,000 72.3%139,000 16.4%
Human Resources 946,000 788,000 83.3%1,483,000 973,000 65.6%(185,000) -19.0%
Finance 2,162,000 1,417,000 65.5%1,883,000 1,368,000 72.7%49,000 3.6%
Information Technology 4,678,000 3,525,000 75.4%3,779,000 2,981,000 78.9%544,000 18.2%
Community Development 3,100,000 2,074,000 66.9%3,086,000 2,065,000 66.9%9,000 0.4%
Public Works 11,126,000 6,873,000 61.8%7,943,000 5,853,000 73.7%1,020,000 17.4%
Police 18,619,000 13,308,000 71.5%15,923,000 11,863,000 74.5%1,445,000 12.2%
Fire and Emergency Management 7,704,000 6,298,000 81.7%7,423,000 6,065,000 81.7%233,000 3.8%
Parks, Recreation and Library 9,208,000 7,414,000 80.5%8,303,000 6,384,000 76.9%1,030,000 16.1%
Communications 914,000 666,000 72.9%829,000 522,000 63.0%144,000 27.6%
Debt Service 138,000 108,000 78.3%2,974,000 2,945,000 99.0%(2,837,000) -96.3%
Contingency 1,519,000 393,000 25.9%228,000 189,000 82.9%204,000 0.0%
Total Expenditures 64,874,000 45,843,000 70.7%57,532,000 43,742,000 76.0%2,101,000 4.8%
One-time Expenditures noted below - - (1,183,000) (1,183,000) 1,183,000
Total Expenditures less one-time items 64,874,000 45,843,000 70.7%56,349,000 42,559,000 75.5%3,284,000 7.7%
2023 vs 2022
Page 12 of 155
General 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 costs.
Expenditures Budget Sep-23 % Budget 12/31/2022-Actual Sep-22 % YTD $ Diff % Diff
Personnel 38,534,000 27,612,000 71.7%33,532,000 24,516,000 73.1%3,096,000 12.6%
Commodities 2,415,000 1,672,000 69.2%2,262,000 1,566,000 69.2%106,000 6.8%
Contractual Services 20,774,000 15,393,000 74.1%17,777,000 13,881,000 78.1%1,512,000 10.9%
Capital 3,013,000 1,058,000 35.1%987,000 835,000 84.6%223,000 26.7%
Debt Service 138,000 108,000 78.3%2,974,000 2,944,000 99.0%(2,836,000) -96.3%
Total Expenditures 64,874,000 45,843,000 70.7%57,532,000 43,742,000 76.0%2,101,000 4.8%
One-time Expenditures - - (1,183,000) (1,183,000) 1,183,000
Total Expenditures less one-time items 64,874,000 45,843,000 70.7%56,349,000 42,559,000 75.5%3,284,000 7.7%
2023 vs 202220232022
Page 13 of 155
General Fund Operating Surplus (Deficit)
•Through September 2023, year-to-date operating revenues exceeded operating expenditures by $4,646,000.
•Through September 2022, year-to-date operating revenues exceeded operating expenditures by $4,746,000.
2023 2022
Revenues Budget Sep-23 % Budget 12/31/2022-Actual Sep-22 % YTD $ Diff % Diff
Total Revenues 64,334,000 50,489,000 78.5%64,758,000 48,750,000 75.3%1,739,000 3.6%
One-time Revenues - - (1,445,000) (1,445,000) 1,445,000
Total Revenues less one-time items 64,334,000 50,489,000 78.5%63,313,000 47,305,000 74.7%3,184,000 6.7%
Expenditures Budget Sep-23 % Budget 12/31/2022-Actual Sep-22 % YTD $ Diff % Diff
Total Expenditures 64,874,000 45,843,000 70.7%57,532,000 43,742,000 76.0%2,101,000 4.8%
One-time Expenditures - - (1,183,000) (1,183,000) 1,183,000
Total Expenditures less one-time items 64,874,000 45,843,000 70.7%56,349,000 42,559,000 75.5%3,284,000 7.7%
Operating Surplus (Deficit)(540,000) 4,646,000 6,964,000 4,746,000
2023 vs 2022
2023 vs 202220232022
Page 14 of 155
General 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 Dartmouth Bridge (2,175,000)
To the Capital Projects Fund for new employee IT costs (60,000)
To the Public Improvement Fund for other capital projects (1,000,000)
Total transfers out of the General Fund (3,235,000)$
Net General Fund Transfers (3,097,000)$ Page 15 of 155
General Fund – Fund Balance Composition
2019 2020 2021 2022
2023 YTD Actual
Balances
Beginning total fund balance $ 20,418,000 $ 22,131,000 $ 24,936,000 $ 17,043,000 $ 24,158,000
Net change in fund balance 1,713,000 2,805,000 (7,893,000) 7,115,000 1,549,000
Ending total fund balance 22,131,000 24,936,000 17,043,000 24,158,000 25,707,000
Designated fund balance
TABOR - Restricted (1,730,000) (1,720,000) (1,800,000) (2,100,000) (2,100,000)
LTAR - Committed (4,995,000) (4,995,000) (95,000) (95,000) (95,000)
ARPA funding - Restricted for specific projects - - (404,000) (360,000) (360,000)
Stadium District refund - Restricted for youth activities - - - (1,119,000) (502,000)
Unrestricted Reserve = 16.7% of total revenues (8,614,000) (8,985,000) (9,258,000) (10,840,000) (10,801,000)
Total designated fund balance (15,339,000) (15,700,000) (11,557,000) (14,514,000) (13,858,000)
Unassigned fund balance 6,792,000$ 9,236,000$ 5,486,000$ 9,644,000$ 11,849,000$
$6.8 $9.2
$5.5
$9.6 $11.8
$8.6
$9.0
$9.3
$10.8
$10.8
$1.1
$0.5 $0.4
$0.4
$5.0
$5.0
$0.1
$1.7
$1.7
$1.8
$2.1
$2.1
$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 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 16 of 155
Englewood Environmental Foundation Dissolution
•Englewood Environmental Foundation (EEF) dissolution and
impacts on the General Fund
•2023 Impacts
•EEF resigned as property manager for the Common Area Maintenance
(CAM) on August 2, 2023; however, not effective until November 2, 2023
•As of September 25, 2023, the lease agreement between the City and EEF
was terminated and titles to all EEF properties transferred to the City
•All other EEF assets and liabilities will also be transferred to the city’s
balance sheet and included in the city’s audited 2023 Annual
Comprehensive Financial Report
Page 17 of 155
Englewood Environmental Foundation Dissolution
•2023 Impacts continued
•Effective November 3, 2023, all CAM related expenditures and revenues
will be accounted for in the General Fund Public Works Department
•Public Works may require a 2023 budget supplemental to cover new CAM
costs from November 3, 2023 through December 31, 2023 (~April/May
2024)
•2024 Impacts
•The 2024 CAM budget including both revenues and expenditures is being
formulated and will require a budget supplemental to increase the General
Fund Public Works Department budget
Page 18 of 155
Appendix - Area Sales Tax Slides
Page 19 of 155
City of Englewood
Sales Tax Area Map
Page 20 of 155
YTD Sales and Use Tax Collections by Area 2019-2023
Page 21 of 155
Sales and Use Tax Revenues
Page 22 of 155
YTD 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 (58,976)$ -2.16%22 (18) 4
Area 2 (90,712) -4.15%13 (21) (8)
Area 3 262,090 9.94%31 (21) 10
Area 4 234,109 20.72%3 (3) -
Area 5 (221,765) -15.29%5 (4) 1
Area 6 356,712 8.61%83 (76) 7
Area 7 602,424 5.73%652 (621) 31 Contains opened and closed businesses that are not within the city limits.
Area 8 284,095 21.59%- - -
Area 13 241,403 81.40%3 (1) 2
Area 14 686,134 51.52%8 (3) 5 Marketplace Facilitators were added to this area in 2022.
Regular Use (99,053) -5.78%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 3.8%, then the tax payer is liable
for the difference between the local tax paid and 3.8% tax due.
Totals 2,196,460$ 7.46%820 (768) 52 Page 23 of 155
Area 1 Sales Tax
CityCenter (Formerly Cinderella City)
2,767,897
2,614,485
2,767,397 2,730,076 2,671,099
0
500,000
1,000,000
1,500,000
2,000,000
2,500,000
3,000,000
2019 2020 2021 2022 2023
Page 24 of 155
Area 2 Sales Tax
South of Yale, north & south side of Jefferson Ave/US 285 between Bannock and Sherman
1,786,873 1,834,573
1,956,513
2,184,025 2,093,314
0
500,000
1,000,000
1,500,000
2,000,000
2019 2020 2021 2022 2023
Page 25 of 155
Area 3 Sales Tax
South of Jefferson Ave/US 285 between Bannock & Sherman - north side of Belleview between Logan
& Delaware
1,938,129
2,131,540
2,396,763
2,636,670
2,898,760
0
500,000
1,000,000
1,500,000
2,000,000
2,500,000
3,000,000
2019 2020 2021 2022 2023
Page 26 of 155
Area 4 Sales Tax
Broadway and Belleview (Between Fox and Sherman and south of Belleview and to the southern City
Limits)
942,871
856,563
974,995
1,129,718
1,363,827
0
250,000
500,000
750,000
1,000,000
1,250,000
1,500,000
2019 2020 2021 2022 2023
Page 27 of 155
Area 5 Sales Tax
Federal and Belleview west of Santa Fe Drive
1,354,400
1,673,882 1,608,123
1,450,181
1,228,416
0
250,000
500,000
750,000
1,000,000
1,250,000
1,500,000
1,750,000
2019 2020 2021 2022 2023
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Area 6 Sales Tax
All other City locations
3,256,620
3,032,600
3,278,388
4,140,929
4,497,641
0
750,000
1,500,000
2,250,000
3,000,000
3,750,000
4,500,000
2019 2020 2021 2022 2023
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Area 7 Sales Tax
Outside City limits
8,111,182
8,604,230
9,460,761
10,516,071
11,118,495
0
2,000,000
4,000,000
6,000,000
8,000,000
10,000,000
12,000,000
2019 2020 2021 2022 2023
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Area 8 Sales Tax
Public Utilities
1,126,638
1,042,319
1,189,154
1,315,575
1,599,670
0
500,000
1,000,000
1,500,000
2019 2020 2021 2022 2023
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Area 13 Sales Tax
Hampden Avenue (US 285) and University Boulevard
336,752
314,769 301,321 296,565
537,967
0
100,000
200,000
300,000
400,000
500,000
600,000
2019 2020 2021 2022 2023
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Area 14 Sales Tax
Online Sales
108,216 89,290 111,656
1,331,778
2,017,912
0
500,000
1,000,000
1,500,000
2,000,000
2,500,000
2019 2020 2021 2022 2023
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Regular Use Tax
2,320,873
2,018,586
1,703,310 1,713,453
1,614,400
0
500,000
1,000,000
1,500,000
2,000,000
2,500,000
2019 2020 2021 2022 2023
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STUDY SESSION
TO:Mayor and Council
FROM:Tim Dodd
DEPARTMENT:City Manager's Office
DATE:November 6, 2023
SUBJECT:Development Impact Fees Study Session
DESCRIPTION:
Study Session on an analysis of the City's existing development impact fee structure and rates
and recommendations for modifications
RECOMMENDATION:
Staff requests that Council review recommendations made by the City's contracted consultant
and determine which development impact fees, if any, Council is interested considering for
adoption.
PREVIOUS COUNCIL ACTION:
Study Session- Development Impact Fee Study and Implementation (February 27, 2017)
Study Session- Impact Fees- Englewood's Current Regulations and Options for
Consideration (January 28, 2019)
SUMMARY:
Impact fees are collected from new construction at the time a building permit is issued and used
to construct system improvements needed to accommodate new development, and
development impact fees represent the proportionate share of capital facility needs caused by
future development. Impact fees are one component of a comprehensive funding strategy to
ensure provision of adequate public facilities and may only be used for capital improvements or
debt service for growth-related infrastructure. The City contracted with TishlerBise to conduct a
study and develop recommendations relative to the impact of development on capital facilities
and to calculate impact fees based on that analysis. TishlerBise developed, for Council review
and consideration, impact fees for park, police, and multimodal improvements.
ANALYSIS:
Enabling Legislation and Requirements
Impact fees are one-time payments imposed on new development that must be used solely to
fund growth-related capital projects. Based on Colorado Revised Statute Section 29-20-104.5,
impact fees must be legislatively adopted at a level no greater than necessary to defray impacts
generally applicable to a broad class of property. Local governments may waive impact fees on
the development of low and moderate income housing, but the legislation does not address
whether the local government is required to make up the difference caused by the waiving of
fees.
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Statutes of other states allow impact fee schedules to include administrative costs related to
impact fees and the preparation of capital improvement plans, but this is not specifically
authorized in the Colorado statute. The Colorado law requires that capital improvements must
have a useful life of at least five years and by law impact fees can only be used for capital
improvements, not operating or maintenance costs, and they may not be used to repair or
correct existing deficiencies in existing infrastructure.
In Colorado, impact fees must:
Be one-time payments for growth related infrastructure and must not be used for
operations, maintenance, or replacement;
Not be a tax, but a contractual arrangement to build growth-related infrastructure;
Meet growth-related infrastructure needs and provide infrastructure as growth occurs;
Represent the proportionate share of the capital costs for system improvements caused
by new development; and
Provide a benefit to fee payers related to geographic service areas and accounting and
expenditure controls.
Methodologies
Impact fees for capital improvements must be based on the same level of service provided to
existing development in the service area with three basic methodologies used to calculate
impact fees:
Cost Recovery (past improvements focuses on new development paying for its share of
the useful life and remaining capacity of facilities already built, or land already
purchased, from which new growth will benefit;
Incremental Expansion (concurrent improvement)- Incremental expansion methodology
documents current standards for each type of public facility, using both quantitative and
qualitative measures
Plan-Based (future improvements)- This methodology allocates costs for a specified set
of improvements to a specified amount of development, with improvements typically
identified in a long-range facility plan and development potential is identified by a land
use plan.
Ten Year Development Projections
Modeling completed by TishlerBise predicts that in ten years Englewood will realize a:
Population increase of 5,358
Housing unit crease of 5,358
Employment decrease of 420 jobs overall
Nonresidential floor area increase of 344,000 square feet
Police Impact Fees
Service area: Citywide
Methodologies: Consumption-based for vehicles and cost-recovery for station expansion
10-year demand: $66,000 in revenue for future police vehicles and $1.57 million in cost
recovery revenue for the police station
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Proposed fees:
Development Type
Persons Per Housing Unit
(Residential) or Average
Weekday Vehicle Trips
(Nonresidential)
Proposed Fees
Residential- Single Family 2.36 (persons per housing
unit)
$807 (up $747 from current
fee of $60)
Residential- Multi-Family 1.49 (persons per housing
unit)
$509 (up $449 from current
fee of $60)
Nonresidential- Industrial 2.38 (average weekday
vehicle trips)
$268 (up $46 from current
fee of $240)
Nonresidential- Commercial 12.21 (average weekday
vehicle trips)
$1,469 (up $1,229 from
current fee of $240)
Nonresidential- Office and
Other Services
5.42 (average weekday
vehicle trips)
$652 (up $412 from current
fee of $240)
Parks and Recreation Impact Fees
Service area: Citywide
Methodology: Consumption-based for park improvements without an assumed land
component
10-year demand: $2.5 million in revenue for future park improvements and amenities
Proposed fees:
Development Type Persons Per Housing Type Proposed Fees
Single Family 2.36 $1,110 (up $910 from the
current fee of $220)
Multi-Family 1.49 $701 (up $501 from the
current fee of $220)
Multi-Modal Transportation
Service area: Citywide
Methodologies: Plan-based for trails, complete streets, and pedestrian/ bike
improvements
10-year demand: $1.9 million in revenue for future multimodal improvements
Proposed fees:
Development Type Average Weekday Person
Trips Per Unit Proposed Fees
Residential- Single Family 11.65 $1,882
Residential- Multi-Family 5.61 $906
Nonresidential- Industrial 4.97 $803
Nonresidential- Commercial 25.56 $4,130
Nonresidential- Office &
Other Services 11.35 $1,834
The attached PowerPoint presentation includes proposed fees and cash flow for each of the
three proposed impact fee areas, as well as a chart comparing similar fees in other cities in the
Denver Metro Area.
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COUNCIL ACTION REQUESTED:
Staff requests that Council review recommendations made by the City's contracted consultant
and determine which development impact fees, if any, Council is interested considering for
adoption.
FINANCIAL IMPLICATIONS:
Funds collected through the assessment of development impact fees would be utilized for
capital-related projects caused by new development.
CONNECTION TO STRATEGIC PLAN:
Outcome Area: Governance
Goal: Revenue and Finances- Varied and sustainable approaches to revenue
OUTREACH/COMMUNICATIONS:
If approved by Council, development fee information would be posted on the City's website and
made available to members of the community and prospective developers who would be
impacted by the fees.
ATTACHMENTS:
Development Impact Fee Report
Presentation- Development Impact Fees
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Impact Fee Study
Prepared for:
Englewood, Colorado
October 10, 2023
4701 Sangamore Road
Suite S240
Bethesda, MD
301.320.6900
www.TischlerBise.com
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TABLE OF CONTENTS
Executive Summary ................................................................................................................ 1
Colorado Impact Fee Enabling Legislation ......................................................................................... 1
General Legal Framework ................................................................................................................. 2
Conceptual Impact Fee Calculation ................................................................................................... 3
Evaluation of Credits ........................................................................................................................ 4
General Methodologies .................................................................................................................... 4
Impact Fees ............................................................................................................................ 6
Proposed Impact Fee Methodologies ............................................................................................... 6
Proposed Development Impact Fees ................................................................................................ 6
Police ...................................................................................................................................... 8
Service Area ..................................................................................................................................... 8
Proportionate Share ......................................................................................................................... 8
Police Station Cost Recovery Component ......................................................................................... 9
Police Vehicles Incremental Expansion ............................................................................................. 9
Projected Demand for Police Vehicles ............................................................................................ 11
Proposed Police Impact Fees .......................................................................................................... 11
Projected Police Impact Fee Revenue ............................................................................................. 13
Park Improvements .............................................................................................................. 14
Service Area ................................................................................................................................... 14
Proportionate Share ....................................................................................................................... 14
Park Improvements Incremental Expansion Component ................................................................ 14
Projected Demand for Park Improvements .................................................................................... 16
Credits ........................................................................................................................................... 17
Proposed Park Improvement Impact Fees ...................................................................................... 17
Projected Park Improvement Impact Fee Revenue ......................................................................... 18
Multimodal Transportation Improvements ........................................................................... 19
Methodology ................................................................................................................................. 19
Service Area ................................................................................................................................... 19
Proportionate Share ....................................................................................................................... 19
Average Weekday Person Trips ...................................................................................................... 19
Person Trip Methodology .............................................................................................................................. 19
Residential Demand Units ............................................................................................................................. 20
Nonresidential Demand Units ....................................................................................................................... 20
Mode Share and Vehicle Occupancy ............................................................................................................. 21
Vehicle Trip Ends to Find Total Person Trip Ends ........................................................................................... 22
Trips Adjustment Factors ............................................................................................................................... 23
Residential Trip Adjustment ...................................................................................................................... 23
Nonresidential Trip Adjustment ................................................................................................................ 23
Person Trips by Mode .................................................................................................................................... 23
Average Weekday Person Trips ..................................................................................................................... 24
Level-of-Service Analysis ................................................................................................................ 25
Multimodal Transportation Improvements Plan ........................................................................................... 25
Credits ........................................................................................................................................... 26
Proposed Multimodal Transportation Impact Fees ......................................................................... 26
Projected Multimodal Transportation Impact Fee Revenue ............................................................ 27
Appendix A: Land Use Assumptions ...................................................................................... 28
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Summary of Growth Indicators ...................................................................................................... 29
Residential Development ............................................................................................................... 30
Recent Residential Construction ................................................................................................................... 30
Persons Per Housing Unit .............................................................................................................................. 31
Residential Estimates ..................................................................................................................................... 32
Residential Projections .................................................................................................................................. 32
Nonresidential Development ......................................................................................................... 33
Nonresidential Floor Area Ratios ................................................................................................................... 33
Nonresidential Estimates ............................................................................................................................... 34
Nonresidential Projections ............................................................................................................................ 34
Development Projections ............................................................................................................... 35
Appendix B: Land Use Definitions ......................................................................................... 36
Residential Development ............................................................................................................... 36
Nonresidential Development ......................................................................................................... 37
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EXECUTIVE SUMMARY
The City of Englewood retained TischlerBise to prepare this study to analyze the impacts of development
on capital facilities and calculate impact fees based on that analysis. Impact fees are collected from new
construction at the time a building permit is issued and used to construct system improvements needed
to accommodate new development. A development impact fee represents future development’s
proportionate share of capital facility needs.
Impact fees do have limitations and should not be regarded as the total solution for infrastructure funding.
Rather, they are one component of a comprehensive funding strategy to ensure provision of adequate
public facilities. Impact fees may only be used for capital improvements or debt service for growth-related
infrastructure. In contrast to general taxes, development impact fees may not be used for operations,
maintenance, replacement of infrastructure, or correcting existing deficiencies. This update of
Englewood’s impact fees includes infrastructure components in the following areas:
§ Park Improvements
§ Police
§ Multimodal Transportation Improvements
The purpose of this study is to demonstrate Englewood’s compliance with the Colorado Revised Statute
29-20-104.5. Consistent with the authorization, it is the intent of the City of Englewood to impose impact
fees to fund expenditures on capital facilities needed to serve new development. The proposed fees will
be legislatively adopted at a level no greater than necessary to defray impacts directly related to and
generally applicable to a broad class of property.
Colorado Impact Fee Enabling Legislation
Impact fees are one-time payments imposed on new development that must be used solely to fund
growth-related capital projects, typically called “system improvements”. An impact fee represents new
growth’s proportionate share of capital facility needs. In contrast to project-level improvements, impact
fees fund infrastructure that will benefit multiple development projects, or even the entire service area,
as long as there is a reasonable relationship between the new development and the need for the growth-
related infrastructure.
According to Colorado Revised Statute Section 29-20-104.5, impact fees must be legislatively adopted at
a level no greater than necessary to defray impacts generally applicable to a broad class of property. The
purpose of impact fees is to defray capital costs directly related to proposed development. The statutes
of other states allow impact fee schedules to include administrative costs related to impact fees and the
preparation of capital improvement plans, but this is not specifically authorized in Colorado’s statute.
Impact fees do have limitations and should not be regarded as the total solution for infrastructure funding.
Rather, they are one component of a comprehensive portfolio to ensure adequate provision of public
facilities. Because system improvements are larger and costlier, they may require bond financing and/or
funding from other revenue sources. To be funded by impact fees, Section 29-20-104.5 requires that the
capital improvements must have a useful life of at least five years. By law, impact fees can only be used
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for capital improvements, not operating or maintenance costs. Also, impact fees cannot be used to repair
or correct existing deficiencies in existing infrastructure.
General Legal Framework
Both state and federal courts have recognized the imposition of impact fees as a legitimate form of land
use regulation, provided the fees meet standards intended to protect against regulatory takings. Land use
regulations, development exactions, and impact fees are subject to the Fifth Amendment prohibition on
taking of private property for public use without just compensation. To comply with the Fifth Amendment,
development regulations must be shown to substantially advance a legitimate governmental interest. In
the case of impact fees, that interest is in the protection of public health, safety, and welfare by ensuring
development is not detrimental to the quality of essential public services. The means to this end are also
important, requiring both procedural and substantive due process. The process followed to receive
community input (i.e., stakeholder meetings, work sessions, and public hearings) provides opportunities
for comments and refinements to the impact fees.
There is little federal case law specifically dealing with impact fees, although other rulings on other types
of exactions (e.g., land dedication requirements) are relevant. In one of the most important exaction
cases, the U. S. Supreme Court found that a government agency imposing exactions on development must
demonstrate an “essential nexus” between the exaction and the interest being protected (see Nollan v.
California Coastal Commission, 1987). In a more recent case (Dolan v. Town of Tigard, OR, 1994), the Court
ruled that an exaction also must be “roughly proportional” to the burden created by development.
However, the Dolan decision appeared to set a higher standard of review for mandatory dedications of
land than for monetary exactions such as impact fees.
There are three reasonable relationship requirements for impact fees that are closely related to “rational
nexus”, or “reasonable relationship” requirements enunciated by a number of state courts. Although the
term “dual rational nexus” is often used to characterize the standard by which courts evaluate the validity
of impact fees under the U.S. Constitution, we prefer a more rigorous formulation that recognizes three
elements: “need,” “benefit,” and “proportionality.” The dual rational nexus test explicitly addresses only
the first two, although proportionality is reasonably implied, and was specifically mentioned by the U.S.
Supreme Court in the Dolan case. Individual elements of the nexus standard are discussed further in the
following paragraphs.
All new development in a community creates additional demands on some, or all, public facilities provided
by local government. If the capacity of facilities is not increased to satisfy that additional demand, the
quality or availability of public services for the entire community will deteriorate. Impact fees may be used
to recover the cost of development-related facilities, but only to the extent that the need for facilities is
a consequence of development that is subject to the fees. The Nollan decision reinforced the principle
that development exactions may be used only to mitigate conditions created by the developments upon
which they are imposed. That principle clearly applies to impact fees. In this study, the impact of
development on infrastructure needs is analyzed in terms of quantifiable relationships between various
types of development and the demand for specific capital facilities, based on applicable level-of-service
standards.
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The requirement that exactions be proportional to the impacts of development was clearly stated by the
U.S. Supreme Court in the Dolan case and is logically necessary to establish a proper nexus. Proportionality
is established through the procedures used to identify development-related facility costs, and in the
methods used to calculate impact fees for various types of facilities and categories of development. The
demand for capital facilities is measured in terms of relevant and measurable attributes of development
(e.g., a typical housing unit’s average weekday vehicle trips).
A sufficient benefit relationship requires that impact fee revenues be segregated from other funds and
expended only on the facilities for which the fees were charged. Impact fees must be expended in a timely
manner and the facilities funded by the fees must serve the development paying the fees. However,
nothing in the U.S. Constitution or the state enabling legislation requires that facilities funded with fee
revenues be available exclusively to development paying the fees. In other words, benefit may extend to
a general area including multiple real estate developments. Procedures for the earmarking and
expenditure of fee revenues are discussed near the end of this study. All of these procedural as well as
substantive issues are intended to ensure that new development benefits from the impact fees they are
required to pay. The authority and procedures to implement impact fees is separate from and
complementary to the authority to require improvements as part of subdivision or zoning review.
As documented in this report, the City of Englewood has complied with applicable legal precedents.
Impact fees are proportionate and reasonably related to the capital improvement demands of new
development. Specific costs have been identified using local data and current dollars. With input from city
staff, TischlerBise identified demand indicators for each type of infrastructure and calculated
proportionate share factors to allocate costs by type of development. This report documents the formulas
and input variables used to calculate the development impact fees for each type of public facility.
Development impact fee methodologies also identify the extent to which new development is entitled to
various types of credits to avoid potential double payment of growth-related capital costs.
Conceptual Impact Fee Calculation
In contrast to project-level improvements, impact fees fund growth-related infrastructure that will benefit
multiple development projects, or the entire service area (usually referred to as system improvements).
The first step is to determine an appropriate demand indicator for the particular type of infrastructure.
The demand indicator measures the number of service units for each unit of development. For example,
an appropriate indicator of the demand for parks is population growth and the increase in population can
be estimated from the average number of persons per housing unit. The second step in the development
impact fee formula is to determine infrastructure improvement units per service unit, typically called
level-of-service (LOS) standards. In keeping with the park example, a common LOS standard is improved
park acres per thousand people. The third step in the impact fee formula is the cost of various
infrastructure units. To complete the park example, this part of the formula would establish a cost per
acre for land acquisition and/or park improvements.
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Evaluation of Credits
Regardless of the methodology, a consideration of credits is integral to the development of a legally
defensible impact fee. There are two types of credits that should be addressed in impact fee studies and
ordinances. The first is a revenue credit due to possible double payment situations, which could occur
when other revenues may contribute to the capital costs of infrastructure covered by the impact fee. This
type of credit is integrated into the fee calculation, thus reducing the fee amount. The second is a site-
specific credit or developer reimbursement for dedication of land or construction of system
improvements. This type of credit is addressed in the administration and implementation of the impact
fee program. For ease of administration, TischlerBise normally recommends developer reimbursements
for system improvements.
General Methodologies
Impact fees for the capital improvements made necessary by new development must be based on the
same level of service (LOS) provided to existing development in the service area. There are three basic
methodologies used to calculate impact fees. They examine the past, present, and future status of
infrastructure. The objective of evaluating these different methodologies is to determine the best
measure of the demand created by new development for additional infrastructure capacity. Each
methodology has advantages and disadvantages in a particular situation and can be used simultaneously
for different cost components.
Reduced to its simplest terms, the process of calculating impact fees involves two main steps: (1)
determining the cost of development-related capital improvements and (2) allocating those costs
equitably to various types of development. In practice, though, the calculation of impact fees can become
quite complicated because of the many variables involved in defining the relationship between
development and the need for facilities within the designated service area. The following paragraphs
discuss basic methodologies for calculating impact fees and how those methodologies can be applied.
• Cost Recovery (past improvements) - The rationale for recoupment, often called cost recovery, is
that new development is paying for its share of the useful life and remaining capacity of facilities
already built, or land already purchased, from which new growth will benefit. This methodology is
often used for utility systems that must provide adequate capacity before new development can
take place.
• Incremental Expansion (concurrent improvements) - The incremental expansion methodology
documents current LOS standards for each type of public facility, using both quantitative and
qualitative measures. This approach assumes there are no existing infrastructure deficiencies or
surplus capacity in infrastructure. New development is only paying its proportionate share for
growth-related infrastructure. Revenue will be used to expand or provide additional facilities, as
needed, to accommodate new development. An incremental expansion cost method is best suited
for public facilities that will be expanded in regular increments to keep pace with development.
• Plan-Based (future improvements) - The plan-based methodology allocates costs for a specified
set of improvements to a specified amount of development. Improvements are typically identified
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in a long-range facility plan and development potential is identified by a land use plan. There are
two basic options for determining the cost per demand unit: (1) total cost of a public facility can
be divided by total demand units (average cost), or (2) the growth-share of the public facility cost
can be divided by the net increase in demand units over the planning timeframe (marginal cost).
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IMPACT FEES
Proposed Impact Fee Methodologies
Figure 1 summarizes the methods and cost components used for each infrastructure category in
Englewood’s impact fee study. After consideration of input during work sessions and public hearings, the
City may change the proposed impact fees by eliminating infrastructure types, cost components, and/or
specific capital improvements. If changes are made during the adoption process, TischlerBise will update
the fee study to be consistent with legislative decisions.
Figure 1: Proposed Development Impact Fee Service Areas, Methodologies, and Cost Components
Proposed Development Impact Fees
For residential development, proposed fees are assessed per dwelling unit, based on the type of unit.
Nonresidential impact fees will be assessed per 1,000 square feet of floor area, based on the type of
development. The proposed nonresidential development impact fee schedule is designed to provide a
reasonable determination for broad nonresidential development types – Industrial, Commercial, and
Office & Other Services – to simplify the administration of nonresidential fees. For unique development
types, Englewood may allow or require an independent fee determination.
Figure 2: Proposed Development Impact Fee Schedule
Infrastructure
Category
Service
Area
Cost
Recovery
Incremental
Expansion Plan-Based Cost
Allocation
Parks Citywide N/A Park Improvements N/A Population
Police Citywide Police Facilities Police Vehicles N/A Population, Nonres.
Vehicle Trips
Multimodal
Transportation Citywide N/A N/A Multimodal Transportation
Improvements Person Trips
Residential Development
Single Family $1,110 $807 $1,882 $3,798
Multi-Family $701 $509 $906 $2,116
Nonresidential Development
Industrial $0 $286 $803 $1,089
Commercial $0 $1,469 $4,130 $5,599
Office & Other Service $0 $652 $1,834 $2,486
Fees per 1,000 Square Feet
Fees Per Unit
TotalDevelopment Type
Development Type
Police Multimodal
Transportation
Police Multimodal
Transportation
Parks
Parks Total
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All costs in the impact fee calculations are given in current dollars with no assumed inflation rate.
Necessary cost adjustments can be made as part of the recommended annual evaluation and fee update.
One approach is to adjust for inflation in construction costs by means of an index like the one published
by Engineering News Record (ENR). This index can be applied against the calculated development impact
fees. If cost estimates change significantly, the fees should be recalculated.
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POLICE
The Police impact fees include components for Police station space and vehicles. The cost recovery
methodology is used for the station component. The incremental expansion methodology is used for the
vehicle component. The Police impact fee is calculated on a per capita basis for residential development
and a per vehicle trip basis for nonresidential development. The residential portion is derived from the
product of persons per housing unit (by type) multiplied by the net cost per person. The nonresidential
portion is derived from the product of vehicle trips generated per 1,000 square feet of nonresidential
space multiplied by the net cost per vehicle trip.
Service Area
TischlerBise recommends a single Citywide service area for the Police impact fees.
Proportionate Share
TischlerBise recommends functional population to allocate the cost of additional Police facilities to
residential and nonresidential development. Functional population accounts for people living and working
in a jurisdiction, but also considers commuting patterns and time spent at home and at nonresidential
locations. OnTheMap is a web-based mapping and reporting application that shows where workers are
employed and where they live. It describes geographic patterns of jobs by their employment locations
and residential locations as well as the connections between the two locations. OnTheMap was developed
through a unique partnership between the U.S. Census Bureau and its Local Employment Dynamics (LED)
partner states. Based on 2020 (the most current dataset) functional population data for Englewood, the
cost allocation for residential development is 64 percent and 36 percent for nonresidential development.
Figure P1: Functional Population
Residential Demand Person
Population 33,178 Hours/Day Hours
Residents Not Working 15,742 20 314,840
Employed Residents 17,436
Residents Employed in Englewood 1,262 14 17,668
Residents Employed outside Englewood 16,174 14 226,436
Residential Subtotal 558,944
Residential Share 64%
Nonresidential
Residents Not Working 15,742 4 62,968
Jobs Located in Englewood 24,502
Residents Employed in Englewood 1,262 10 12,620
Non-Resident Workers (Inflow Commuters)23,240 10 232,400
Nonresidential Subtotal 307,988
Nonresidential Share 36%
Total 866,932
Source: U.S. Census Bureau, OnTheMap 6.1.1 Application and LEHD Origin-Destination Employment Statistics.
Demand Units in 2020
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The residential police impact fees are calculated per housing unit. For nonresidential development
TischlerBise recommends using vehicle trips as the best demand indicator for Police facilities. Trip
generation rates are used for nonresidential development because vehicle trips are highest for
commercial/retail developments, such as shopping centers, and lowest for industrial development. Office
and institutional trip rates fall between the other two categories. This ranking of trip rates is consistent
with the relative demand for police services and facilities from nonresidential development. Other
possible nonresidential demand indicators, such as employment or floor area, will not accurately reflect
the demand for service. For example, if employees per thousand square feet were used as the demand
indicator, police impact fees would be too high for office and institutional development because offices
typically have more employees per 1,000 square feet than retail uses.
Police Station Cost Recovery Component
The City of Englewood constructed a new 50,269 square foot police station in 2017. The City debt-financed
the new station to provide capacity for new development in the City. The cost recovery portion of the
Police Facilities development fee will be used to cover new development’s share of Police station debt
service payments. Future debt service for the City’s Police facilities expansion, as shown in Figure P2, is
$20,520,000.
As shown in Figure P2, the total principal and interest on the City’s bond for the Police station totals
$20,520,000. When this cost is spread over the estimated increase in service units (population and vehicle
trips) at the end of the remaining bond term and is multiplied by the proportionate share factors discussed
above, the cost per person is $328.26 and the cost per nonresidential vehicle trip is $116.45.
Figure P2: Police Station Cost Recovery Component
Police Vehicles Incremental Expansion
Englewood will maintain current levels of service for future development by incrementally expanding its
existing fleet of 21 police vehicles. To allocate the proportionate share of demand to residential and
nonresidential development, this analysis uses functional population outlined above in Figure P1
Englewood’s existing level of service for residential development is 0.0004 units per person (21 units X 64
percent residential share / 33,041 persons). For nonresidential development, the existing LOS is 0.0001
units per vehicle trip (21 units X 36 percent nonresidential share / 65,496 vehicle trips).
Based information provided by the Englewood Police Department, the weighted average cost of the
existing fleet is $33,206 per vehicle – this includes the cost of the vehicle and any equipment needed to
Facility
Outstanding
Principal and
Interest
Year of Final
Debt Payment Type of Development Demand Unit Proportionate
Share
Service Unit
Increase to
2023-2036
Residential person 64%40,007
Nonresidential vehicle trip 36%63,433
Cost Analysis
$328.26
$116.45
Englewood Police Station $20,520,000 2036
Cost per Person:
Cost per Job:
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place the vehicle into service (i.e., decals, lights, radios, computers, etc.). For police vehicles, the cost is
$13.51 per person (0.0004 units per person X $33,206 per unit) and $3.83 per vehicle trip (0.0001 units
per vehicle trip X $33,206 per unit).
Figure P3: Existing Level of Service
Description Count Cost Per Unit Total Cost
2019 Chevrolet Traverse 4 $30,335 $121,340
2020 Chevrolet Tahoe 2 $45,897 $91,794
2009 Ford F150 1 $32,125 $32,125
1995 Ford E350 1 $41,806 $41,806
2019 Dodge Grand Caravan 1 $25,144 $25,144
2019 Chevorlet Impala 1 $17,802 $17,802
2019 Ford F550 1 $45,838 $45,838
2016 Ford Grand Caravan 1 $25,144 $25,144
2020 Dodge, Ford, and Jeep SUVs 4 $35,000 $140,000
2016 Ford Explorer 1 $35,000 $35,000
2015 Jeep Cherokee 1 $30,335 $30,335
Nissan Xterra 1 $30,335 $30,335
2016 Chevrolet Equinox 1 $30,335 $30,335
2022 Chevy Equinox 1 $30,335 $30,335
Total Vehicles 21
Total Cost $697,333
Cost per Vehicle $33,206
Total Vehicles 21
Residential Share 64%
2023 Population 33,041
Police Square Feet per Person 0.0004
Cost per Person $13.51
Nonresidential Share 36%
2023 Vehicle Trips 65,496
Square Feet per Vehicle Trip 0.0001
Cost per Vehicle Trip $3.83
Source: Englewood, Colorado
Cost Allocation Factors
Level-of-Service (LOS) Standards
Residential
Nonresidential
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Projected Demand for Police Vehicles
To estimate the 10-year growth needs for Police vehicles, the current level of service (0.0004 units per
person and 0.0001 units per nonresidential vehicle trip) is applied to the residential and nonresidential
growth projected for the City of Englewood. The City is projected to increase by 5,358 residents and there
is a projected decrease of 1,621 nonresidential vehicle trips over the next ten years (see Appendix A).
Listed in Figure P4, there is a projected need for 2 units of growth-related Police vehicles to accommodate
new development in the City at the present level of service. By applying the average cost per vehicle
($33,206), the total projected growth-related Police vehicles expenditure is approximately $66,164.
Figure P4: Projected Demand for Police Vehicles
Proposed Police Impact Fees
Infrastructure components and cost factors for Police impact fees are summarized in the upper portion of
Figure P5. For Police impact fees, the net capital cost is $341.77 per person and $120.28 per nonresidential
vehicle trip.
Police impact fees for residential development are assessed according to the number of persons per
housing unit. The single-family fee of $807 is calculated using the $341.77 cost per person multiplied by
demand units of 2.36 persons per housing unit.
Demand Unit Cost per Vehicle
0.0004 Units per Person
0.0001 Units per Vehicle Trip
Residential Nonresidential Total
2023 33,041 65,496 13.4 7.6 21.0
2024 33,577 65,420 13.7 7.6 21.2
2025 34,113 65,345 13.9 7.5 21.4
2026 34,648 65,273 14.1 7.5 21.6
2027 35,184 64,820 14.3 7.5 21.8
2028 35,720 64,656 14.5 7.5 22.0
2029 36,256 64,495 14.7 7.4 22.2
2030 36,792 64,337 15.0 7.4 22.4
2031 37,328 64,180 15.2 7.4 22.6
2032 37,864 64,026 15.4 7.4 22.8
2033 38,399 63,875 15.6 7.4 23.0
10-Yr Increase 5,358 (1,621)2.2 (0.2)2.0
$72,379 ($6,215)$66,164
Type of Infrastructure
Growth-Related Expenditures
Level of Service
Police Vehicles $33,206
Demand for Police Vehicles
Year Population Nonresidential
Vehicle Trips
Police Vehicles
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Nonresidential development impact fees are assessed according to the number of average weekday
vehicle trips per 1,000 square feet of floor area. The industrial fee of $286 per 1,000 square feet of floor
area is derived from a cost of $120.28 per vehicle trip, multiplied by demand units of 2.38 adjusted average
day vehicle trips per 1,000 square feet.
Figure P5: Proposed Police Impact Fees
Fee Component Cost per Person Cost per Trip
Police Facilities $328.26 $116.45
Police Vehicles $13.51 $3.83
Total $341.77 $120.28
Residential Development
Single Family 2.36 $807 $60 $747
Multi-Family 1.49 $509 $60 $449
Nonresidential Development
Industrial 2.38 $286 $240 $46
Commercial 12.21 $1,469 $240 $1,229
Office & Other Service 5.42 $652 $240 $412
1. See Land Use Assumptions
Proposed
Fees
Development Type Persons per Housing
Unit1
Proposed
Fees
Development Type Average Wkdy
Vehicle Trips1
Fees per 1,000 Square Feet
Current
Fee Difference
Fees per Unit
Current
Fee Difference
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Projected Police Impact Fee Revenue
Projected fee revenue shown below is based on the development projections, shown in Appendix A, and
the proposed Police impact fees shown in above in Figure P5. The revenue projection shown below is just
an approximation. If development occurs at a more rapid rate than projected, the demand for
infrastructure will increase and impact fee revenue will increase at a corresponding rate. If development
occurs at a slower rate than is projected, the demand for infrastructure will also decrease, along with
impact fee revenue. Projected impact fee revenue equals $1,696,473 and projected growth-related
expenditures equal $1,636,334.
Figure P6: Projected Police Impact Fee Revenue
Growth Share Existing Share Total
Police Facilities $1,570,169 $14,214,446 $15,784,615
Police Vehicles $66,164 $0 $66,164
Total $1,636,334 $14,214,446 $15,850,780
Single Family
Detached
Single Family
Attached Multi-Family Industrial Commercial Office & Other
$807 $807 $509 $286 $1,469 $652
per unit per unit per unit per KSF per KSF per KSF
Hsg Unit Hsg Unit Hsg Unit KSF KSF KSF
Base 2022 8,830 1,257 6,198 8,100 2,900 2,000
Year 1 2023 8,826 1,296 6,502 8,100 2,886 2,019
Year 2 2024 8,822 1,336 6,805 8,100 2,871 2,037
Year 3 2025 8,818 1,375 7,109 8,100 2,857 2,056
Year 4 2026 8,815 1,414 7,413 7,939 2,842 2,075
Year 5 2027 8,811 1,453 7,716 7,900 2,828 2,095
Year 6 2028 8,807 1,492 8,020 7,860 2,814 2,114
Year 7 2029 8,803 1,531 8,324 7,821 2,800 2,134
Year 8 2030 8,799 1,571 8,627 7,782 2,786 2,154
Year 9 2031 8,795 1,610 8,931 7,743 2,772 2,174
Year 10 2032 8,792 1,649 9,235 7,704 2,758 2,194
(38)392 3,037 (396)(142)194
$0 $23,500 $1,546,372 $0 $0 $126,385
$1,696,257
Projected Revenue
10-Year Increase
Year
Projected Fee Revenue
Fee Component
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PARK IMPROVEMENTS
The Park Improvements impact fee is based on the incremental expansion methodology. The impact fee
methodology assumes the City will construct additional recreation improvements through the
development of existing park land to serve future growth to maintain current levels of service
incrementally over time. The purchase of future park land is not included in the impact fee calculation.
Service Area
TischlerBise recommends a single Citywide service area for the Park Improvement impact fees.
Proportionate Share
Impact fees should not exceed a proportionate share of the capital cost needed to provide capital facilities
to the development. The Park Improvements impact fees allocate 100 percent of the cost of capital
facilities to residential development.
Park Improvements Incremental Expansion Component
Although the City of Englewood has over 430 acres of parks and open space, the focus of the impact fee
calculation is developing improvements on existing parks. The impact fee does not include a land purchase
component. Figure PI1 contains an inventory of City parks and the improvements at each.
Figure PI: Inventory of City Parks and Improvements
Figure PI2 indicates the City’s 77 park improvements have a total estimated replacement cost of
$15,534,610. When compared to the number of park improvements, this results in a weighted average
cost of $201,748 per improvement.
This analysis allocates 100 percent of park improvement demand to residential development. The existing
level of service for residential development is 0.0023 improvements per person (77 existing improvements
Description Acres
Baseball/Softball
Field
Basketball
Court
Multi-Use
Field
Off Leash Dog
Area Pavillion
Pickleball
Court Playground Restrooms Skatepark
Tennis
Courts
Slackline
Poles
Baker Park 0.9 1.0 1.0 1.0
Barde Park 3.7
Bates Logan 6.8 1.0 1.0 1.0 1.0 1.0
Belleview Park 36.1 1.0 1.0 4.0 2.0 3.0 4.0
Centennial Park 37.3 1.0 1.0 1.0 2.0 1.0 1.0
Clarkson Park 0.8
Cushing Park 11.2 1.0 1.0 2.0 1.0 1.0 1.0
Depot property (Community Garden)0.9
Duncan Park 3.8 1.0 1.0 1.0 1.0 1.0 1.0
Emerson Park 1.3
Englewood Canine Corral 1.5
Golf Course 253.0 1.0 1.0
Jason Park 8.1 1.0 1.0 1.0 1.0 1.0
Little Dry Creek 14.2
Malley Center 2.1
Miller Field 5.7 2.0 2.0
Natches Frontage Rd.0.5 1.0
Northwest Greenbelt 10.8 1.0
Pirates Cove 5.4
Plaza area 3.5
Police/Fire 2.0
Recreation Center 3.6
Rockies Field 8.0 2.0 1.0 1.0
Romans Park 4.6 1.0 1.0 2.0 1.0 3.0 1.0
Rotolo Park 3.3 1.0 1.0 1.0
Sinclair courts 0.7 1.0 2.0
Sinclair field 4.1 1.0 1.0
Southwest Greenbelt 5.5
Total 439.2 8.0 7.0 10.0 0.0 16.0 3.0 12.0 12.0 1.0 7.0 1.0
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X 100 percent residential share / 33,041 persons). The analysis uses an average cost of $201,748 per
improvement. The park improvement cost is $470.16 per person (0.0023 improvements per person X
$201,748 per improvement).
Figure PI2: Park Improvements Level of Service and Cost Allocation
Description Improvements Unit Cost Replacement Cost
Baseball/Softball Field 8 $340,613 $2,724,902
Basketball Court 7 $113,280 $792,960
Multi-Use Field 10 $115,000 $1,150,000
Pavillion 16 $31,000 $496,000
Pickleball Court 3 $105,565 $316,696
Playground 12 $200,000 $2,400,000
Restrooms 12 $534,404 $6,412,852
Skatepark 1 $156,500 $156,500
Tennis Courts 7 $152,100 $1,064,700
Slackline Poles 1 $20,000 $20,000
Total 77 $201,748 $15,534,610
Cost per Improvement $201,748
Existing Improvements 77
Residential Share 100%
2023 Population 33,041
Improvements per Person 0.0023
Cost per Person $470.16
Source: Englewood, Colorado
Level-of-Service (LOS) Standards
Residential
Cost Allocation Factors
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Projected Demand for Park Improvements
To estimate the 10-year growth needs for park improvements, the current level of service (0.0023
improvements per person) is applied to the residential growth projected for the City of Englewood. The
City is projected to increase by 5,358 residents over the next ten years (see Appendix A). Listed in Figure
PI3, there is projected need for 12.5 park improvements (5,358 additional persons X 0.0023 improvements
per person) to accommodate new development in the City at the present level of service. By applying the
average cost per improvement ($201,748), the total projected growth-related improvement need is
approximately $2.5 million.
Figure PI3: Projected Demand for Park Improvements
Demand Unit Cost per Unit
0.0023 Improvements per Person $201,748
2023 33,041 77.0
2024 33,577 78.2
2025 34,113 79.5
2026 34,648 80.7
2027 35,184 82.0
2028 35,720 83.2
2029 36,256 84.5
2030 36,792 85.7
2031 37,328 87.0
2032 37,864 88.2
2033 38,399 89.5
10-Yr Increase 5,358 12.5
$2,519,372
Population Improvements
Demand for Park Improvements
Growth-Related Expenditures
Year
Type of Infrastructure Level of Service
Park Improvements
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Credits
As the City has no outstanding debt on its park facilities, a credit for future principal payments is not
included. If elected officials make a legislative policy decision to fully fund growth-related costs from
impact fees, there will be no potential double-payment from other revenue sources.
Proposed Park Improvement Impact Fees
Infrastructure components and cost factors for the Park Improvements impact fees are summarized in the
upper portion of Figure PI4. The capital cost per person is $470.16.
Park Improvement impact fees for residential development are assessed according to the number of
persons per housing unit. The single-family fee of $1,110 is calculated using a cost of $470.16 per person
multiplied by a demand unit of 2.36 persons per housing unit.
Figure PI4: Proposed Park Improvement Impact Fees
Fee Component Cost per Person
Park Improvements $470.16
Total $470.16
Residential Development
Single Family 2.36 $1,110 $200 $910
Multi-Family 1.49 $701 $200 $501
1. See Land Use Assumptions
Fees per Unit
Development Type Persons per
Housing Unit1
Proposed
Fees
Current
Fee Difference
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Projected Park Improvement Impact Fee Revenue
Projected fee revenue shown below is based on the development projections, shown in Appendix A, and
the proposed Park Improvement impact fees shown above in Figure PI4. The revenue projection shown
below is just an approximation. If development occurs at a more rapid rate than projected, the demand
for infrastructure will increase and impact fee revenue will increase at a corresponding rate. If
development occurs at a slower rate than is projected, the demand for infrastructure will also decrease,
along with impact fee revenue. Projected impact fee revenue equals $2,561,906 and projected growth-
related expenditures equal $2,519,372.
Figure PI5: Projected Park Improvement Impact Fee Revenue
Growth Share Existing Share Total
Park Improvements $2,519,372 $0 $2,519,372
Total $2,519,372 $0 $2,519,372
Single Family
Detached
Single Family
Attached Multi-Family
$1,110 $1,110 $701
per unit per unit per unit
Hsg Unit Hsg Unit Hsg Unit
Base 2023 8,830 1,257 6,198
Year 1 2024 8,826 1,296 6,502
Year 2 2025 8,822 1,336 6,805
Year 3 2026 8,818 1,375 7,109
Year 4 2027 8,815 1,414 7,413
Year 5 2028 8,811 1,453 7,716
Year 6 2029 8,807 1,492 8,020
Year 7 2030 8,803 1,531 8,324
Year 8 2031 8,799 1,571 8,627
Year 9 2032 8,795 1,610 8,931
Year 10 2033 8,792 1,649 9,235
(38)392 3,037
$0 $434,588 $2,127,318
$2,561,906Projected Fee Revenue
Year
Fee Component
10-Year Increase
Projected Revenue
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MULTIMODAL TRANSPORTATION IMPROVEMENTS
Methodology
The Multimodal Transportation impact fees include components for multimodal and complete street
improvements. The plan-based methodology is used.
Service Area
Englewood plans to provide a uniform level of service and equal access to its transportation network
within the city limits; therefore, the Multimodal Transportation impact fees will be assessed in a citywide
service area.
Proportionate Share
Impact fees should not exceed a proportionate share of the capital cost needed to provide capital facilities
to the development. The Multimodal Transportation impact fees will proportionately allocate the cost of
capital facilities to residential and nonresidential development. The proportionate share of costs
attributable to development will be allocated to average weekday person trips and then converted to an
appropriate amount by land use.
Average Weekday Person Trips
Englewood will use average weekday person trips (AWPT) for Multimodal Transportation impact fees.
Components used to determine average weekday person trips include trip generation rates and
adjustments for pass-by trips.
PERSON TRIP METHODOLOGY
According to the Institute of Transportation Engineers (ITE), there are several elements necessary to
calculate person trips. The following equation is provided in the ITE’s Trip Generation Handbook (2017):
Person trips = [(vehicle occupancy) x (vehicle trips)] + transit trips + walk trips + bike trips
To create a more streamlined approach, this study uses “non-motorized trips” as the sum of walk and bike
trips. The Trip Generation Handbook outlines the general approach to calculating person trips:
§ Estimate vehicle trip ends generated by development type. This study uses the vehicle trip rates
found in ITE’s Trip Generation Manual (2017).
§ Determine mode share and vehicle occupancy. Trip survey data from the National Household
Transportation Survey (2017) is used to calculate needed factors.
§ Convert vehicle trips to person trips. This conversion calculates the total person trips by
combining the vehicle trip mode share and vehicle occupancy.
§ Calculate the estimated person trips by mode. The mode share split is applied to the total person
trip rate to calculate the specific person trip rate for vehicle, transit, and non-motorized trips per
land use.
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RESIDENTIAL DEMAND UNITS
For residential development, TischlerBise uses data published in Trip Generation, Institute of
Transportation Engineers, 11th Edition (2021). According to this data, single-family units generate 9.43
average weekday vehicle trip ends per unit, and multi-family units generate 4.54 average weekday vehicle
trip ends per unit.
NONRESIDENTIAL DEMAND UNITS
For nonresidential development, TischlerBise uses data published in Trip Generation, Institute of
Transportation Engineers, 11th Edition (2021). The prototype for industrial development is Manufacturing
(ITE 140) which generates 4.75 average weekday vehicle trip ends per 1,000 square feet of floor area. For
office & other services development, the proxy is General Office (ITE 710); it generates 10.84 average
weekday vehicle trip ends per 1,000 square feet of floor area. The prototype for commercial development
is Shopping Center (ITE 820) which generates 37.01 average weekday vehicle trips per 1,000 square feet
of floor area.
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MODE SHARE AND VEHICLE OCCUPANCY
Data from the National Household Travel Survey (NHTS) is used to approximate the percentage split of
total person trips by transportation mode in Englewood. NHTS has been conducting stratified, random
surveys for nearly 50 years with the aim to understand the modes and purposes of travel in the US. For
this study, the most recent survey, 2017, is refined to create a database of survey responses that is both
from similar cities to Englewood and statistically significant. Initially, the national database of responses
is refined by location and population, the results are limited to areas in the Mountain region (AZ, CO, ID,
MT, NM, NV, UT, WY) in a metropolitan statistical area of more than 1 million residents, without heavy
rail. The database is further filtered to only include responses from urban areas. Lastly, only responses for
trips on weekdays are included. As a result, there are 6,416 NHTS responses in the database that are used
to approximate the mode splits and vehicle occupancy.
Data from NHTS indicate the purpose of a trip which allows for the mode share and vehicle occupancy to
be calculated separately for residential and nonresidential land uses. It is assumed that trips for residential
and nonresidential purposes have different characteristics, so by calculating separately the analysis results
in more accurate trip factors. There are 3,403 survey responses that are attributed to residential land uses
and 2,838 responses attributed to nonresidential land uses. Both databases are well within a 95 percent
confidence level with a confidence interval (margin of error) of less than three.1
The transportation mode split for residential purpose trips is listed in Figure M1. Of the 3,403 total trips,
87 percent are by vehicle, 2 percent transit, and 11 percent non-motorized. Additionally, the vehicle trips
involved 4,974 passengers, resulting in an average vehicle occupancy of 1.68 passengers per vehicle trip.
Figure M1: Residential Purpose Person Trips by Mode
1 A confidence level expresses the certainty that the true mean of the population falls within the confidence interval, the margin
of error of the results.
Mode Trips %
Vehicle 2,965 87.0%
Transit 50 2.0%
Non-Motorized 388 11.0%
Total 3,403 100.0%
Note: Percentages have been rounded
Source: National Household Travel
Survey, 2017; TischlerBise analysis.
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The transportation mode split for nonresidential purpose trips is listed in Figure M2. Of the 2,838 total
trips, 86 percent are by vehicle, 2 percent transit, and 8 percent non-motorized. Additionally, during the
vehicle trips there were 4,406 passengers, resulting in an average vehicle occupancy of 1.80 passengers
per vehicle trip.
Figure M2: Nonresidential Purpose Person Trips by Mode
VEHICLE TRIP ENDS TO FIND TOTAL PERSON TRIP ENDS
The total person trip end rate for each land use can be calculated using the vehicle trip end rate, vehicle
occupancy rate, and vehicle mode share. The following formula to calculate vehicle trip ends is provided
in the ITE’s Trip Generation Handbook (2017):
Vehicle trip ends = [(person trip ends x (vehicle mode share)]/(vehicle occupancy)
This is rearranged to calculate total person trips:
Person trip ends = [(vehicle trip ends) x (vehicle occupancy)]/(vehicle mode share)
By inputting the vehicle trip rate, vehicle occupancy, and vehicle mode share factors found in prior
sections, the daily person trip rate for each land use is found. For example, the daily vehicle trip rate for a
single-family housing unit is 9.43, the vehicle occupancy is 1.68, and the vehicle mode share is 87 percent.
By inputting these factors into the formula, a daily person trip end rate of 18.21 is calculated ([9.43 vehicle
trips x 1.68 occupancy rate] / [87 percent vehicle mode share] = 18.21). Figure M3 lists the calculated daily
person trip end rate for each land use.
Figure M3: Average Weekday Person Trip Ends by Land Use
Mode Trips %
Vehicle 2,454 86.0%
Transit 47 2.0%
Non-Motorized 337 12.0%
Total 2,838 100.0%
Note: Percentages have been rounded
Source: National Household Travel
Survey, 2017; TischlerBise analysis.
Single Family 9.43 1.68 87.0%18.21
Multi-Family 4.54 1.68 87.0%8.77
Industrial 4.75 1.80 86.0%9.94
Commercial 37.01 1.80 86.0%77.46
Office & Other Services 10.84 1.80 86.0%22.69
Development Type
Avg Weekday
Vehicle Trip
Ends1
Vehicle
Occupancy
Rate2
Vehicle Mode
Share2
Avg Weekday
Person Trip
Ends
Residential (per housing unit)
Nonresidential (per 1,000 square feet)
Source: Trip Generation, Institute of Transportation Engineers, 11th Edition (2021); National Household
Travel Survey data, 2017; TischlerBise analysis
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TRIPS ADJUSTMENT FACTORS
A person trip end is the out-bound or in-bound portion of a trip. As a result, so as not to double count
trips, a standard 50 percent adjustment is applied to trip ends to calculate a person trip. For example, the
out-bound trip from a person’s home to work is attributed to the housing unit and the trip from work back
home is attributed to the employer.
RESIDENTIAL TRIP ADJUSTMENT
Residential development has a trip adjustment factor of 64 percent to account for commuters leaving
Englewood for work. According to the 2009 National Household Travel Survey (see Table 30) weekday
work trips are typically 31 percent of production trips (i.e., all out-bound trips, which are 50 percent of all
trip ends). As shown in Appendix A, the U.S. Census Bureau’s OnTheMap web application indicates 93
percent of resident workers traveled outside of Englewood for work in 2020. In combination, these factors
(0.31 x 0.50 x 0.93 = 0.14) support the additional 14 percent allocation of trips to residential development.
NONRESIDENTIAL TRIP ADJUSTMENT
For commercial and institutional development, the trip adjustment factor is less than 50 percent since
these types of development attract vehicles as they pass by on arterial and collector roads. For example,
when someone stops at a convenience store on the way home from work, the convenience store is not
the primary destination. For an average shopping center, ITE data indicate 34 percent of the vehicles that
enter are passing by on their way to another primary destination. The remaining 66 percent of attraction
trips have the commercial site as their primary destination. Since attraction trips are half of all trips, the
trip adjustment factor is 66 percent multiplied by 50 percent – approximately 33 percent of trip ends.
PERSON TRIPS BY MODE
In Figure M4, the trip adjustment factor and mode share are applied to the person trip end rate of each
land use to calculate person trips. For example, a single-family housing unit has a trip adjustment factor
is 64 percent and the vehicle mode share is 87 percent, resulting in a daily person trip rate of 10.14 for
the vehicle mode (11.64 person trip ends X 0.64 trip adjustment factor X 0.87 vehicle mode share = 10.14
person trips for the vehicle mode).
Figure M4: Person Trips by Mode
Average Weekday Person Trips per Unit
Single Family 18.21 64%11.65 10.14 0.23 1.28
Multi-Family 8.77 64%5.61 4.88 0.11 0.62
Industrial 9.94 50%4.97 4.32 0.10 0.55
Commercial 77.46 33%25.56 22.24 0.51 2.81
Office & Other Services 22.69 50%11.35 9.87 0.23 1.25
Vehicle Transit Non-
Motorized
Residential (per housing unit)
Nonresidential (per 1,000 square feet)
Avg
Weekday
Person Trips
Development Type
Avg Weekday
Person Trip
Ends
Trip
Adjustment
Factor1
Source: Trip Generation, Institute of Transportation Engineers, 11th Edition (2021); National Household Travel Survey data, 2017;
TischlerBise analysis
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AVERAGE WEEKDAY PERSON TRIPS
Shown in Figure M5 are the demand indicators related to average weekday person trips (AWPT) generated
per housing unit for residential development and per 1,000 square feet of floor area for nonresidential
development. To calculate average weekday person trips, multiply average weekday person trip ends by
the trip rate adjustment factor. For example, the industrial demand unit of 4.97 average weekday person
trips per 1,000 square feet of floor area is the product of 9.94 average weekday person trip ends per 1,000
square feet of floor area multiplied by a trip rate adjustment factor of 50 percent. Figure M6 includes
projected person trips for the 10-year study period.
Figure M5: Average Weekday Person Trips (AWPT) by Development Type
Figure M6: Person Trip Projections
Single Family 18.21 64%11.65
Multi-Family 8.77 64%5.61
Industrial 9.94 50%4.97
Commercial 77.46 33%25.56
Office & Other Services 22.69 50%11.35
Avg
Weekday
Person Trips
Residential (per housing unit)
Nonresidential (per 1,000 square feet)
Source: Trip Generation, Institute of Transportation Engineers, 11th Edition (2021);
National Household Travel Survey data, 2017; TischlerBise analysis
Development Type
Avg Weekday
Person Trip
Ends
Trip
Adjustment
Factor1
2023 2024 2025 2026 2027 2028 2033
Base 1 2 3 4 5 10
Single Family Detached Units 8,830 8,826 8,822 8,818 8,815 8,811 8,792 (38)
Single Family Attached Units 1,257 1,296 1,336 1,375 1,414 1,453 1,649 392
Multi-Family Units 6,198 6,502 6,805 7,109 7,413 7,716 9,235 3,037
Industrial KSF 8,100 8,100 8,100 8,100 7,939 7,900 7,704 (396)
Commercial KSF 2,900 2,886 2,871 2,857 2,842 2,828 2,758 (142)
Office & Other Service KSF 2,000 2,019 2,037 2,056 2,075 2,095 2,194 194
Single Family Trips 102,907 102,863 102,818 102,773 102,729 102,684 102,461 (447)
Single Family Trips 14,653 15,109 15,566 16,022 16,479 16,935 19,218 4,565
Multi-Family Trips 34,788 36,493 38,197 39,901 41,606 43,310 51,832 17,044
Residential Trips 152,349 154,465 156,581 158,697 160,813 162,930 173,511 21,162
Industrial Trips 40,257 40,257 40,257 40,257 39,458 39,261 38,289 (1,968)
Commercial Trips 74,129 73,759 73,390 73,023 72,658 72,294 70,505 (3,624)
Office & Other Service Trips 22,690 22,901 23,114 23,329 23,545 23,764 24,889 2,199
Nonresidential Trips 137,076 136,916 136,761 136,608 135,661 135,319 133,683 (3,393)
Total Person Trips 289,425 291,381 293,342 295,306 296,474 298,249 307,194 17,769
Englewood, Colorado 10-Year
Increase
DevelopmentAvg Weekday Person TripsPage 66 of 155
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Level-of-Service Analysis
MULTIMODAL TRANSPORTATION IMPROVEMENTS PLAN
Englewood staff recommends the growth-related improvements listed in Figure M7 to serve development
over the next 10 years. The total cost of planned multimodal transportation improvements is $48,190,000.
Figure M7: Planned Multimodal Transportation Improvements
The City’s planned multimodal improvements over the next five years totals $48,190,000. Because there
is no transportation modeling to determine what portion of each planned improvement is growth-related,
the cost of these improvements is spread over total projected person trips in 2028, for cost per person
trip of $161.58 ($48,190,000/298,249). This approach ensures that new and existing growth is treated
equally.
Figure M8: Cost Allocation
Project Total Cost
E Dartmouth Traffic Calming $200,000
Oxford Avenue Pedestrian Bridge Match $500,000
Broadway Mid-Block Crossing at Gothic $700,000
CityCenter Englewood Station/S. Santa Fe Dr. Ped/Bike Bridge $5,300,000
Belleview Ave, Fox St to Broadway $1,500,000
Broadway Reconstruction Evaluation $100,000
Broadway, Yale to Hampden $15,200,000
CityCenter Englewood Station Platform Shelter $40,000
Clarkson Bike Blvd, Hampden to Dartmouth $500,000
Dartmouth Rail Trail Bridge $4,000,000
Hampden Rail Trail Pedestrian Bridge $4,250,000
Logan, Tufts to Oxford $2,800,000
Rail Trail Segment 1 Bridge (Big Dry Creek - Oxford Station)$2,000,000
Rail Trail Segment 2 (Oxford Station - S. Platte River Trail)$3,900,000
Rail Trail Segment 3 (S. Platte River Trail - W. Bates Ave.)$3,850,000
Southwest Greenbelt Trail (S. Cherokee St. - S. Windermere St.)$3,350,000
Total $48,190,000
Source: City of Englewood
5 Year Cost $48,190,000
÷ 2028 Person Trips 298,249
Cost per Person Trip $161.58
Cost Factors
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Credits
As the City has no outstanding debt on its multimodal improvements, a credit for future principal
payments is not included. If elected officials make a legislative policy decision to fully fund growth-related
multimodal improvements from impact fees, there will be no potential double-payment from other
revenue sources.
Proposed Multimodal Transportation Impact Fees
Infrastructure components and cost factors for Multimodal Transportation impact fees are summarized
in the upper portion of Figure M9. The cost for multimodal improvements is $161.58 per person trip.
Multimodal Transportation impact fees for residential development are assessed according to the number
of person trips generated per household. The single-family fee of $1,882 is calculated using a cost of
$161.58 per trip multiplied by 11.65 person trips per single-family unit.
Multimodal Transportation impact fees for nonresidential development are assessed according to the
number of person trips generated per 1,000 square feet of floor area. The industrial fee of $803 per 1,000
square feet is calculated using a cost of $161.58 per trip multiplied by 4.97 person trips per 1,000 square
feet of industrial development.
Figure M9: Proposed Multimodal Transportation Impact Fees
Fee Component Cost per Person Trip
Multi-Modal Improvements $161.58
Total $161.58
Residential Development
Avg Wkdy Person Trips
per Unit1
Single Family 11.65 $1,882
Multi-Family 5.61 $906
Nonresidential Development
Avg Wkdy Person Trips
per 1,000 Sq Ft1
Industrial 4.97 $803
Commercial 25.56 $4,130
Office & Other Services 11.35 $1,834
1. See Land Use Assumptions
Development Type Proposed
Fees
Fees per Unit
Fees per 1,000 Square Feet
Development Type Proposed
Fees
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Projected Multimodal Transportation Impact Fee Revenue
Projected fee revenue shown below is based on the development projections in Appendix A and the
maximum justifiable Multimodal Transportation impact fees shown on the previous page. The revenue
projection shown below is just an approximation. Over the next 10 years, projected impact fee revenue
equals $1,881,757 and projected expenditures equal $48,190,000. Existing development’s share of
multimodal infrastructure costs must be funded with non-impact fee revenues.
Figure M10: Projected Maximum Justifiable Multimodal Transportation Impact Fee Revenue
Growth Share Existing Share Total
Street Improvements $1,917,828 $46,272,172 $48,190,000
Total $1,917,828 $46,272,172 $48,190,000
Single Family
Detached
Single Family
Attached Multi-Family Industrial Commercial Office & Other
$1,882 $1,882 $906 $803 $4,130 $1,834
per unit per unit per unit per KSF per KSF per KSF
Hsg Unit Hsg Unit Hsg Unit KSF KSF KSF
Base 2023 8,830 1,257 6,198 8,100 2,900 2,000
Year 1 2024 8,826 1,296 6,502 8,100 2,886 2,019
Year 2 2025 8,822 1,336 6,805 8,100 2,871 2,037
Year 3 2026 8,818 1,375 7,109 8,100 2,857 2,056
Year 4 2027 8,815 1,414 7,413 7,939 2,842 2,075
Year 5 2028 8,811 1,453 7,716 7,900 2,828 2,095
(19)196 1,518 (200)(72)95
$0 $368,558 $1,375,610 $0 $0 $173,660
Projected Fee Revenue $1,917,828
Existing Development Share $46,272,172
Total Expenditures $48,190,000
5-Year Increase
Projected Revenue
Year
Fee Component
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APPENDIX A: LAND USE ASSUMPTIONS
The City of Englewood retained TischlerBise to prepare this study to analyze the impacts of development
on the city’s capital facilities and to calculate development impact fees based on that analysis. The
population, housing unit, and job projections contained in this document provide the foundation for the
development impact fee study. To evaluate the demand for growth-related infrastructure from various
types of development, TischlerBise prepared documentation on jobs and floor area by type of
nonresidential development, and demand indicators by type of housing unit. These metrics are the service
units and demand indicators used in the development impact fee study.
Development impact fees are based on the need for growth-related improvements, and they must be
proportionate by type of land use. The demographic data and development projections are used to
demonstrate proportionality and anticipate the need for future infrastructure. Development impact fee
studies typically look out five to ten years, with the expectation that fees will be updated every three to
five years. The estimates and projections of residential and nonresidential development in this Land Use
Assumptions document are for areas within the boundaries of Englewood, Colorado. The map below
illustrates the areas within the Englewood Development Impact Fee Service Area.
Figure A1: Development Impact Fee Service Area Map
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Summary of Growth Indicators
Key development projections for the Englewood development impact fee study include housing units and
nonresidential floor area. TischlerBise estimates population and housing units using data provided by
Englewood staff and U.S. Census data. For nonresidential development, the base year employment
estimate is based on nonresidential floor area data provided by City staff. To project future employment
by industry sector, the analysis uses the Denver Regional Council of Governments Small-Area Household
and Employment Forecasts 2020. To estimate non-residential floor area, TischlerBise applies square feet
per employee factors published by the Institute of Transportation Engineers (ITE) to the DRCOG
employment projections. The projections contained in this document provide the foundation for the
Development Impact Fee Study.
These projections are used to estimate development impact fee revenue and to indicate the anticipated
need for growth-related infrastructure. The goal is to have reasonable projections without being overly
concerned with precision. Because development impact fee methods are designed to reduce sensitivity
to development projections in the determination of the proportionate-share fee amounts, if actual
development is slower than projected, fee revenue will decline, but so will the need for growth-related
infrastructure. In contrast, if development is faster than anticipated, Englewood will receive more fee
revenue, but will also need to accelerate infrastructure improvements to keep pace with the actual rate
of development.
During the next 10 years, TischlerBise projects an average annual increase of 348 housing units per year.
During the same time period, TischlerBise projects an average increase of 126,000 square feet of
nonresidential floor area per year.
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Residential Development
Current estimates and future projections of residential development are detailed in this section including
population and housing units by type.
RECENT RESIDENTIAL CONSTRUCTION
Development impact fees require an analysis of current levels of service. For residential development,
current levels of service are determined using estimates of population and housing units. Shown below,
Figure A2 indicates the estimated number of housing units added by decade according to data obtained
from the U.S. Census Bureau. From 2010 to 2020, Englewood’s housing inventory increased by an average
of 156 units per year.
Figure A2: Housing Units by Decade
Census 2010 Housing Units 15,478
Census 2020 Housing Units 17,045
New Housing Units 2010 to 2020 1,567
Englewood added an average of
156 housing units per year from
2010 to 2020.
0
2,000
4,000
6,000
8,000
10,000
12,000
Before 1970 1970s 1980s 1990s 2000s
Housing Units Added by Decade
in Englewood
Source: U.S. Census Bureau, Census 2010 Summary File 1,Census 2020 Summary File 1,2017-2021 5-Year
American Community Survey (for 2010s and earlier,adjusted to yield total units in 2020).
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PERSONS PER HOUSING UNIT
According to the U.S. Census Bureau, a household is a housing unit occupied by year-round residents.
Development impact fees often use per capita standards and persons per housing unit (PPHU) or persons
per household (PPH) to derive proportionate share fee amounts. When PPHU is used in the fee
calculations, infrastructure standards are derived using year-round population. When PPH is used in the
fee calculations, the development impact fee methodology assumes a higher percentage of housing units
will be occupied, thus requiring seasonal or peak population to be used when deriving infrastructure
standards. TischlerBise recommends that Englewood impose development impact fees for residential
development according to the number of persons per housing unit.
Occupancy calculations require data on population and the types of units by structure. The 2010 census
did not obtain detailed information using a “long-form” questionnaire. Instead, the U.S. Census Bureau
switched to a continuous monthly mailing of surveys, known as the American Community Survey (ACS),
which has limitations due to sample-size constraints. For example, data on detached housing units are
now combined with attached single units (commonly known as townhouses, which share a common
sidewall, but are constructed on an individual parcel of land). For development impact fees in Englewood,
detached stick-built units, attached units, and mobile home units are included in the “Single-Family”
category. The second residential category includes duplexes and all other structures with two or more
units on an individual parcel of land. This is referred to as “Multi-Family” category. (Note: housing unit
estimates from ACS will not equal decennial census counts of units. These data are used only to derive
the custom PPHU factors for each type of unit).
Figure A3 below shows the ACS 2021 5-Year Estimates for Englewood. Single-family units averaged 2.36
persons per housing unit (22,649 persons / 9,601 housing units) and multi-family units had an average of
1.49 persons per housing unit (10,452 persons / 7,006 housing units). In total, housing units in Englewood
averaged 1.99 persons per housing unit.
Figure A3: Persons per Housing Unit by Type of Housing
Single-Family Units1 22,649 9,281 2.44 9,601 2.36 57.8%3.30%
Multi-Family Units2 10,452 6,292 1.66 7,006 1.49 42.2%10.20%
Total 33,101 15,573 2.13 16,607 1.99 100.0%6.20%
Source: U.S. Census Bureau, 2017-2021 American Community Survey 5-Year Estimates
1. Includes detached, attached (i.e. townhouses).
2. Includes dwellings in structures with two or more units, and mobile home units.
Housing
Mix
Vacancy
RateHousing Type Persons Households Persons per
Household
Housing
Units
Persons per
Housing Unit
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RESIDENTIAL ESTIMATES
This analysis projects housing units based on data provided by Englewood staff, and U.S. census data. The
2023 base year multi-family housing estimate of 6,198 units is based on data provided by City staff. The
2023 base year single family detached housing estimate of 8,830 and single family attached housing
estimate of 1,257 are derived from 2020 census data and recent building permit data provided by City
staff. The base year population estimate is derived by using the occupancy factors shown in Figure A3
and applying them to the single and multi-family housing unit estimates. The 2023 population estimate is
33,106 persons.
RESIDENTIAL PROJECTIONS
TischlerBise projects future residential development beyond the 2023 base year using future anticipated
housing development data provided by City of Englewood staff. This data includes projected housing
growth and demolitions. Over the next 10 years, this results in an increase of 392 single family attached
units, 3,037 multi-family units, and a decrease in 38 single family units. To project future population, the
analysis converts housing units to population using the occupancy factors shown in Figure A3. For this
study, it is assumed that the housing unit size will remain constant. TischlerBise projects a 10-year increase
of 3,390 housing units and 5,358 persons.
Figure A4: Residential Development Projections
2023 2024 2025 2026 2027 2028 2033
Base Year 1 2 3 4 5 10
Population 33,041 33,577 34,113 34,648 35,184 35,720 38,399 5,358
Housing Units
Single Family Detached 8,830 8,826 8,822 8,818 8,815 8,811 8,792 (38)
Single Family Attached 1,257 1,296 1,336 1,375 1,414 1,453 1,649 392
Multi-Family 6,198 6,502 6,805 7,109 7,413 7,716 9,235 3,037
Total 16,285 16,624 16,963 17,302 17,641 17,980 19,675 3,390
Note: Projections take into account projected demolitions of housing units as growth occurs
10-Year
ChangeEnglewood, CO
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Nonresidential Development
Current estimates and future projections of nonresidential development are detailed in this section
including jobs and nonresidential floor area.
NONRESIDENTIAL FLOOR AREA RATIOS
TischlerBise uses 2021 Institute of Transportation Engineers (ITE) data to estimate employment. As shown
in Figure A5, the prototype for industrial development is Light Industrial (ITE 110) with an average of 637
square feet per employee. Commercial development uses Shopping Center (ITE 820) with 471 square feet
per employee. Office & other services uses General Office (ITE 710) with an average of 307 square feet
per employee.
Figure A5: Institute of Transportation Engineers, Employee and Building Area Ratios
ITE Demand Avg Wkdy Trip Ends Avg Wkdy Trip Ends Employees Per Square Feet
Code Unit Per Demand Unit1 Per Employee1 Demand Unit Per Employee
110 Light Industrial 1,000 Sq Ft 4.87 3.10 1.57 637
130 Industrial Park 1,000 Sq Ft 3.37 2.91 1.16 864
140 Manufacturing 1,000 Sq Ft 4.75 2.51 1.89 528
150 Warehousing 1,000 Sq Ft 1.71 5.05 0.34 2,953
254 Assisted Living bed 2.60 4.24 0.61 na
310 Hotel room 7.99 14.34 0.56 na
565 Day Care student 4.09 21.38 0.19 na
610 Hospital 1,000 Sq Ft 10.77 3.77 2.86 350
620 Nursing Home bed 3.06 3.31 0.92 na
710 General Office (avg size)1,000 Sq Ft 10.84 3.33 3.26 307
720 Medical-Dental Office 1,000 Sq Ft 36.00 8.71 4.13 242
730 Government Office 1,000 Sq Ft 22.59 7.45 3.03 330
750 Office Park 1,000 Sq Ft 11.07 3.54 3.13 320
820 Shopping Center (avg size)1,000 Sq Ft 37.01 17.42 2.12 471
1. Trip Generation, Institute of Transportation Engineers, 11th Edition (2021).
Land Use Group
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NONRESIDENTIAL ESTIMATES
Based on estimates provided by City staff, there is 13,000,000 square feet of nonresidential space in
Englewood in 2023. Applying the square feet per employee factors shown in Figure A5 to the 2023
nonresidential floor area estimates results in a 2023 employment estimate of 28,013 jobs.
Figure A6: Estimated Employment and Nonresidential Floor Area (2023)
NONRESIDENTIAL PROJECTIONS
To project employment, TischlerBise uses projections published in the Denver Regional Council of
Governments’ Small-Area Household and Employment Forecasts 2020 and information provided by city
staff. According to Englewood staff, as development occurs the city is expected to see a decrease in
nonresidential development. Employment was then converted to floor area using square feet per
employment factors from ITE. The 10-year projections include a decrease of approximately 344,000
square feet of nonresidential development and a loss of 420 jobs.
Figure A7: Nonresidential Development Projections
2023 Percent of Square Feet 2023 Jobs per
Estimated Jobs1 Total Jobs per Job2 Floor Area3 1,000 Sq. Ft.2
Industrial 15,341 55%528 8,100,000 1.89
Commercial 6,161 22%471 2,900,000 2.12
Office & Other Service 6,511 23%307 2,000,000 3.26
Total 28,013 100%13,000,000 2.15
1. TischlerBise calculation (2023 Nonresidential square feet / square feet per job).
2. Trip Generation, Institute of Transportation Engineers, 11th Edition (2022).
3. Data proivded by City staff.
Nonresidential
Category
2023 2024 2025 2026 2027 2028 2033
Base Year 1 2 3 4 5 10
Employment
Industrial 15,341 15,264 15,188 15,112 15,036 14,961 14,591 (750)
Commercial 6,161 6,130 6,100 6,069 6,039 6,009 5,860 (301)
Office & Other Services 6,511 6,571 6,632 6,694 6,756 6,819 7,142 631
Total 28,013 27,966 27,920 27,875 27,831 27,789 27,593 (420)
Nonresidential Sq Ft (x1,000)
Industrial 8,100 8,100 8,100 8,100 7,939 7,900 7,704 (396)
Commercial 2,900 2,886 2,871 2,857 2,842 2,828 2,758 (142)
Office & Other Services 2,000 2,019 2,037 2,056 2,075 2,095 2,194 194
Total 13,000 13,004 13,008 13,013 12,857 12,822 12,656 (344)
Englewood, CO 10-Year
Increase
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Development Projections
Provided below are summaries of development projections used in the Development Impact Fee Study. Development projections are used to
illustrate a possible future pace of demand for service units and cash flows resulting from revenues and expenditures associated with those
demands.
Figure A8: Development Projections Summary
2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033
Base Year 1 2 3 4 5 6 7 8 9 10
Population 33,041 33,577 34,113 34,648 35,184 35,720 36,256 36,792 37,328 37,864 38,399 5358
Housing Units
Single Family Detached 8,830 8,826 8,822 8,818 8,815 8,811 8,807 8,803 8,799 8,795 8,792 (38)
Single Family Attached 1,257 1,296 1,336 1,375 1,414 1,453 1,492 1,531 1,571 1,610 1,649 392
Multi-Family 6,198 6,502 6,805 7,109 7,413 7,716 8,020 8,324 8,627 8,931 9,235 3037
Total Housing Units 16,285 16,624 16,963 17,302 17,641 17,980 18,319 18,658 18,997 19,336 19,675 3390
Employment
Industrial 15,341 15,264 15,188 15,112 15,036 14,961 14,886 14,812 14,738 14,664 14,591 (750)
Commercial 6,161 6,130 6,100 6,069 6,039 6,009 5,979 5,949 5,919 5,889 5,860 (301)
Office & Other Service 6,511 6,571 6,632 6,694 6,756 6,819 6,882 6,946 7,011 7,076 7,142 631
Total Employment 28,013 27,966 27,920 27,875 27,831 27,789 27,747 27,707 27,668 27,630 27,593 (420)
Nonres. Floor Area (x1,000)
Industrial 8,100 8,100 8,100 8,100 7,939 7,900 7,860 7,821 7,782 7,743 7,704 (396)
Commercial 2,900 2,886 2,871 2,857 2,842 2,828 2,814 2,800 2,786 2,772 2,758 (142)
Office & Other Service 2,000 2,019 2,037 2,056 2,075 2,095 2,114 2,134 2,154 2,174 2,194 194
Total Nonres. Floor Area 13,000 13,004 13,008 13,013 12,857 12,822 12,788 12,755 12,721 12,688 12,656 (344)
10-Year
IncreaseEnglewood, CO
Base 1 2 3 4 5 6 7 8 9 10 10-Year
2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 Increase
Industrial KSF 8,100 8,100 8,100 8,100 7,939 7,900 7,860 7,821 7,782 7,743 7,704 (396)
Commercial KSF 2,900 2,886 2,871 2,857 2,842 2,828 2,814 2,800 2,786 2,772 2,758 (142)
Office & Other Services KSF 2,000 2,019 2,037 2,056 2,075 2,095 2,114 2,134 2,154 2,174 2,194 194
Industrial Trips 19,238 19,238 19,238 19,238 18,856 18,761 18,668 18,574 18,481 18,389 18,297 (941)
Commercial Trips 35,419 35,241 35,065 34,890 34,715 34,542 34,369 34,197 34,026 33,856 33,687 (1,732)
Office & Other Services Trips 10,840 10,941 11,042 11,145 11,249 11,353 11,459 11,565 11,673 11,781 11,891 1,051
Nonresidential Trips 65,496 65,420 65,345 65,273 64,820 64,656 64,495 64,337 64,180 64,026 63,875 (1,621)
Englewood, Colorado
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APPENDIX B: LAND USE DEFINITIONS
Residential Development
As discussed below, residential development categories are based on data from the U.S. Census Bureau’s
American Community Survey. Englewood will collect development impact fees from all new residential
units. One-time development impact fees are determined by site capacity (i.e., number of residential
units).
Single-Family:
1. Single-family detached is a one-unit structure detached from any other house, that is, with open
space on all four sides. Such structures are considered detached even if they have an adjoining
shed or garage. A one-family house that contains a business is considered detached as long as the
building has open space on all four sides.
2. Single-family attached (townhouse) is a one-unit structure that has one or more walls extending
from ground to roof separating it from adjoining structures. In row houses (sometimes called
townhouses), double houses, or houses attached to nonresidential structures, each house is a
separate, attached structure if the dividing or common wall goes from ground to roof.
Multi-Family:
1. 2+ units (duplexes and apartments) are units in structures containing two or more housing units,
further categorized as units in structures with “2, 3 or 4, 5 to 9, 10 to 19, 20 to 49, and 50 or more
apartments.”
2. Boat, RV, Van, Etc. includes any living quarters occupied as a housing unit that does not fit the
other categories (e.g., houseboats, railroad cars, campers, and vans). Recreational vehicles, boats,
vans, railroad cars, and the like are included only if they are occupied as a current place of
residence.
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Nonresidential Development
The proposed general nonresidential development categories (defined below) can be used for all new
construction within Englewood. Nonresidential development categories represent general groups of land
uses that share similar average weekday vehicle trip generation rates and employment densities (i.e., jobs
per thousand square feet of floor area).
Commercial: Establishments primarily selling merchandise, eating/drinking places, and entertainment
uses. By way of example, Commercial includes shopping centers, supermarkets, pharmacies, restaurants,
bars, nightclubs, automobile dealerships, movie theaters, and hotels.
Industrial: Establishments primarily engaged in the production, transportation, or storage of goods. By
way of example, Industrial includes manufacturing plants, distribution warehouses, trucking companies,
utility substations, power generation facilities, and telecommunications buildings.
Office: Establishments providing management, administrative, professional, or business services. By way
of example, Office includes banks, business offices, medical offices, and veterinarian clinics.
Page 79 of 155
City of Englewood
Development Impact Fees
Presentation to City Council
November 6, 2023
Page 80 of 155
2
TischlerBise Experience
40-year consulting
practice serving local
governments nationwide
•Impact fees / infrastructure
financing strategies
•Fiscal / economic impact
analyses
•Capital improvement
planning
•Infrastructure finance /
revenue enhancement
•Real estate and market
feasibility
Adams
County
Arapahoe
County Aurora Boulder
Castle Pines Castle Rock Centennial Colorado
Springs
Durango Eaton Erie Evans
Fort Collins Garfield
County
Grand
Junction Greeley
Johnstown La Plata
County Lafayette Lake Dillon
Fire Dist.
Larimer
County Lone Tree Littleton Longmont
Louisville Loveland Mead Mesa County
Montezuma
County Parker Pitkin
County Pueblo
Steamboat
Springs Thornton Vail Westminster
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3
Impact Fee Requirements
•One-time payment for growth-related infrastructure
•Not for operations, maintenance, or replacement
•Not a tax, but a contractual arrangement to build
growth-related infrastructure
•Must meet growth-related infrastructure needs
•Provide infrastructure as growth occurs
•System-level improvements, not project-level improvements
•Represent new development’s proportionate share of
capital cost for system improvements
•Demographic analysis and development projections
•Infrastructure needs and cost analysis
•Fee payers must receive a benefit
•Geographic service areas
•Accounting and expenditure controls
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4
Impact Fees in Colorado
•Governed by Senate Bill 15
•October 2001
•Improvement or facility that:
•Is directly related to any service that a local government is
authorized to provide;
•Has a useful life of five years or longer
•Specific accounting requirements
•Allows a local government to waive an impact fee
on the development of low/moderate income
housing
•Does not address whether the local government is required to
“make up” the difference
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5
10-Year Development Projections
•Population increase of 5,358
•Housing unit increase of 3,390
•Employment decrease of 420
•Industrial: (750 jobs)
•Retail: (301 jobs)
•Office/Services: 9631 jobs)
•Institutional: 51 jobs
•Nonresidential floor area increase of 344,000
•Industrial: (396,000 sq ft)
•Retail: (142,000 sq ft)
•Office/Services: (194,000 sq ft)Page 84 of 155
6
Police
•Service Area
•Citywide
•Methodology
•Consumption-based (Police vehicles)
•Cost-recovery (Police station expansion)
•10-Year Demand
•$66,000 in revenue for future Police vehicles
•$1.57 million in cost recovery revenue for the Police Station
Page 85 of 155
7
Proposed Police Fees
Fee Component Cost per Person Cost per Trip
Police Facilities $328.26 $116.45
Police Vehicles $13.51 $3.83
Total $341.77 $120.28
Residential Development
Single Family 2.36 $807 $60 $747
Multi-Family 1.49 $509 $60 $449
Nonresidential Development
Industrial 2.38 $286 $240 $46
Commercial 12.21 $1,469 $240 $1,229
Office & Other Service 5.42 $652 $240 $412
1. See Land Use Assumptions
Proposed
Fees
Development Type Persons per Housing
Unit1
Proposed
Fees
Development Type Average Wkdy
Vehicle Trips1
Fees per 1,000 Square Feet
Current
Fee Difference
Fees per Unit
Current
Fee Difference
Page 86 of 155
8
Police Cash Flow
Growth Share Existing Share Total
Police Facilities $1,570,169 $14,214,446 $15,784,615
Police Vehicles $66,164 $0 $66,164
Total $1,636,334 $14,214,446 $15,850,780
Single Family
Detached
Single Family
Attached Multi-Family Industrial Commercial Office & Other
$807 $807 $509 $286 $1,469 $652
per unit per unit per unit per KSF per KSF per KSF
Hsg Unit Hsg Unit Hsg Unit KSF KSF KSF
Base 2022 8,830 1,257 6,198 8,100 2,900 2,000
Year 1 2023 8,826 1,296 6,502 8,100 2,886 2,019
Year 2 2024 8,822 1,336 6,805 8,100 2,871 2,037
Year 3 2025 8,818 1,375 7,109 8,100 2,857 2,056
Year 4 2026 8,815 1,414 7,413 7,939 2,842 2,075
Year 5 2027 8,811 1,453 7,716 7,900 2,828 2,095
Year 6 2028 8,807 1,492 8,020 7,860 2,814 2,114
Year 7 2029 8,803 1,531 8,324 7,821 2,800 2,134
Year 8 2030 8,799 1,571 8,627 7,782 2,786 2,154
Year 9 2031 8,795 1,610 8,931 7,743 2,772 2,174
Year 10 2032 8,792 1,649 9,235 7,704 2,758 2,194
(38)392 3,037 (396)(142)194
$0 $23,500 $1,546,372 $0 $0 $126,385
$1,696,257
Projected Revenue
10-Year Increase
Year
Projected Fee Revenue
Fee Component
Page 87 of 155
9
Parks and Recreation
•Service Area
•Citywide
•Methodology
•Consumption-based (park improvements)
•No land component assumed
•10-Year Demand
•$2.5 million in revenue for future park improvements/amenities
Page 88 of 155
10
Proposed Parks and Recreation Fees
Fee Component Cost per Person
Park Improvements $470.16
Total $470.16
Residential Development
Single Family 2.36 $1,110 $200 $910
Multi-Family 1.49 $701 $200 $501
1. See Land Use Assumptions
Fees per Unit
Development Type Persons per
Housing Unit1
Proposed
Fees
Current
Fee Difference
Page 89 of 155
11
Parks and Recreation Cash Flow
Growth Share Existing Share Total
Park Improvements $2,519,372 $0 $2,519,372
Total $2,519,372 $0 $2,519,372
Single Family
Detached
Single Family
Attached Multi-Family
$1,110 $1,110 $701
per unit per unit per unit
Hsg Unit Hsg Unit Hsg Unit
Base 2023 8,830 1,257 6,198
Year 1 2024 8,826 1,296 6,502
Year 2 2025 8,822 1,336 6,805
Year 3 2026 8,818 1,375 7,109
Year 4 2027 8,815 1,414 7,413
Year 5 2028 8,811 1,453 7,716
Year 6 2029 8,807 1,492 8,020
Year 7 2030 8,803 1,531 8,324
Year 8 2031 8,799 1,571 8,627
Year 9 2032 8,795 1,610 8,931
Year 10 2033 8,792 1,649 9,235
(38)392 3,037
$0 $434,588 $2,127,318
$2,561,906Projected Fee Revenue
Year
Fee Component
10-Year Increase
Projected Revenue
Page 90 of 155
12
Multimodal Transportation
•Service Area
•Citywide
•Methodology
•Trails (plan-based)
•Complete streets (plan-based)
•Pedestrian/bike improvements (Plan-based)
•10-Year Demand
•$1.9 million in revenue for future multimodal improvements
Page 91 of 155
13
5-Year Improvement Plan
Since we do not have traffic modelling to determine how much
of each project is growth-related, costs are allocated to the 2028
demand base so that all development is treated equally.
Project Total Cost
E Dartmouth Traffic Calming $200,000
Oxford Avenue Pedestrian Bridge Match $500,000
Broadway Mid-Block Crossing at Gothic $700,000
CityCenter Englewood Station/S. Santa Fe Dr. Ped/Bike Bridge $5,300,000
Belleview Ave, Fox St to Broadway $1,500,000
Broadway Reconstruction Evaluation $100,000
Broadway, Yale to Hampden $15,200,000
CityCenter Englewood Station Platform Shelter $40,000
Clarkson Bike Blvd, Hampden to Dartmouth $500,000
Dartmouth Rail Trail Bridge $4,000,000
Hampden Rail Trail Pedestrian Bridge $4,250,000
Logan, Tufts to Oxford $2,800,000
Rail Trail Segment 1 Bridge (Big Dry Creek - Oxford Station)$2,000,000
Rail Trail Segment 2 (Oxford Station - S. Platte River Trail)$3,900,000
Rail Trail Segment 3 (S. Platte River Trail - W. Bates Ave.)$3,850,000
Southwest Greenbelt Trail (S. Cherokee St. - S. Windermere St.)$3,350,000
Total $48,190,000
Source: City of Englewood
Page 92 of 155
14
Proposed Transportation Fees
Fee Component Cost per Person Trip
Multi-Modal Improvements $161.58
Total $161.58
Residential Development
Avg Wkdy Person Trips
per Unit1
Single Family 11.65 $1,882
Multi-Family 5.61 $906
Nonresidential Development
Avg Wkdy Person Trips
per 1,000 Sq Ft1
Industrial 4.97 $803
Commercial 25.56 $4,130
Office & Other Services 11.35 $1,834
1. See Land Use Assumptions
Development Type Proposed
Fees
Fees per Unit
Fees per 1,000 Square Feet
Development Type Proposed
Fees
Page 93 of 155
15
Growth Share Existing Share Total
Street Improvements $1,917,828 $46,272,172 $48,190,000
Total $1,917,828 $46,272,172 $48,190,000
Single Family
Detached
Single Family
Attached Multi-Family Industrial Commercial Office & Other
$1,882 $1,882 $906 $803 $4,130 $1,834
per unit per unit per unit per KSF per KSF per KSF
Hsg Unit Hsg Unit Hsg Unit KSF KSF KSF
Base 2023 8,830 1,257 6,198 8,100 2,900 2,000
Year 1 2024 8,826 1,296 6,502 8,100 2,886 2,019
Year 2 2025 8,822 1,336 6,805 8,100 2,871 2,037
Year 3 2026 8,818 1,375 7,109 8,100 2,857 2,056
Year 4 2027 8,815 1,414 7,413 7,939 2,842 2,075
Year 5 2028 8,811 1,453 7,716 7,900 2,828 2,095
(19)196 1,518 (200)(72)95
$0 $368,558 $1,375,610 $0 $0 $173,660
Projected Fee Revenue $1,917,828
Existing Development Share $46,272,172
Total Expenditures $48,190,000
5-Year Increase
Projected Revenue
Year
Fee Component
Transportation Cash Flow
Page 94 of 155
16
Fee Comparison
Single-Family
Public
Facilities/General
Gov't
Fire Police Parks Transportation Library Other
Total
(Non-
Utility)
Commerce City1 $0 $0 $0 $7,502 $4,842 $0 $0 $12,344
Aurora $1,371 $1,076 $1,184 $4,896 $749 $328 $0 $9,604
Lafayette2 $0 $0 $0 $1,350 $0 $0 $7,650 $9,000
Litteton3 $1,925 $0 $371 $0 $2,241 $686 $1,965 $7,188
Englewood (Proposed)$0 $0 $807 $1,110 $1,882 $0 $0 $3,798
Wheat Ridge $0 $0 $0 $2,497 $0 $0 $0 $2,497
Westminster $0 $0 $0 $2,127 $0 $0 $0 $2,127
Arvada $0 $0 $0 $2,004 $0 $0 $0 $2,004
Englewood (Current)$0 $0 $60 $200 $0 $0 $0 $260
1. Transportation fee shown is 'Northern Range'
2. Other includes Public Art and Service Expansion
3. Other includes Multimodal and Museum
Page 95 of 155
MINUTES
City Council Regular Meeting
Monday, October 16, 2023
1000 Englewood Parkway - 2nd Floor Council Chambers
6:00 PM
1 Study Session Topic
a)Director of Utilities and South Platte Renew, Pieter Van Ry, and Deputy
Director of Utilities - Business Services and Engineering, Sarah Stone were
present to discuss Big Dry Creek Update.
The meeting recessed at 6:49 p.m. for a break.
The meeting reconvened at 7:03 p.m. with all Council Members present.
2 Call to Order
The regular meeting of the Englewood City Council was called to order by Mayor
Sierra at 7:03 p.m.
3 Pledge of Allegiance
4 Roll Call
COUNCIL PRESENT:Mayor Othoniel Sierra
Mayor Pro Tem Steven Ward
Council Member Joe Anderson
Council Member Chelsea Nunnenkamp
Council Member Rita Russell
Council Member PJ Kolnik
Council Member Jim Woodward
COUNCIL ABSENT: None
STAFF PRESENT:City Manager Lewis
City Attorney Niles
Deputy City Clerk Harkness
Deputy City Manager Dodd
Director of Public Works, Rachael
Director of Community Development Power
Director of Utilities and South Platte Renew Van Ry
Deputy Director of Engineering Hoos, Public Works
Deputy Director – Business Solutions and Engineering Stone, Utilities
Page 1 of 9
Draft
Page 96 of 155
City Council Regular
October 16, 2023
Open Space Manager Torres, Parks and Recreation
Capital Project Engineer Naji, Public Works
Civil Engineer II Weaver, Public Works
Engineering Supervisor Marquez, Utilities
Records System and Program Manager Rogers
System Administrator Munnell, Information Technology
Senior Tech Support Analyst, Vinson, Information Technology
Deputy Chief of Police Fender
Officer Raddell, Police Department
5 Consideration of Minutes of Previous Session
a)Minutes of the Regular City Council Meeting of October 2, 2023.
Moved by Council Member Steven Ward
Seconded by Council Member Joe Anderson
APPROVAL OF THE MINUTES OF THE REGULAR CITY COUNCIL
MEETING OF OCTOBER 2, 2023
For Against Abstained
Othoniel Sierra x
Chelsea Nunnenkamp x
Joe Anderson (Seconded By)x
Steven Ward (Moved By)x
Rita Russell x
Jim Woodward x
PJ Kolnik x
7 0 0
Motion CARRIED.
6 Appointments, Communications, Proclamations, and Recognition
a)South Platte Renew was recognized for receiving five awards in 2023
7 Recognition of Scheduled Public Comment
a)C Ann Dickerson, an Englewood resident, addressed Council regarding
affordable housing, infrastructure and mismanagement.
b)Jan Weipert, an Englewood resident, addressed Council regarding CodeNext,
the special election, and crime.
c)Sheila Singer, an Englewood resident, was not present.
d)Kim Wright, an Englewood resident, addressed Council regarding
communication and the upcoming election.
8 Recognition of Unscheduled Public Comment
Page 2 of 9
Draft
Page 97 of 155
City Council Regular
October 16, 2023
There were no speakers signed up for Unscheduled Public Comment.
Council Member Kolnik responded to Public Comment.
9 Consent Agenda Items
Council Member Russell removed Agenda Items 9ci from Consent Agenda.
Moved by Council Member Nunnenkamp seconded by Council Member Anderson to
approve Consent Agenda Item 9(a)(i), 9(b)(i), and 9(c)(ii-iii).
a)Approval of Ordinances on First Reading
i)CB-46 Two Intergovernmental Agreements with the Colorado Department
of Public Health and Environment for an expanded sampling and an
infrastructure pilot project for Per- and polyfluoroalkyl substances.
Moved by Council Member Chelsea Nunnenkamp
Seconded by Council Member Joe Anderson
COUNCIL BILL NO. 46, INTRODUCED BY COUNCIL MEMBER
NUNNENKAMP
A BILL FOR AN ORDINANCE AUTHORIZING TWO
INTERGOVERNMENTAL AGREEMENTS BETWEEN THE CITY OF
ENGLEWOOD AND THE STATE OF COLORADO DEPARTMENT OF
PUBLIC HEALTH AND ENVIRONMENT FOR PERFLUOROALKYL AND
POLYFLUOROALKYL SUBSTANCES GRANT FUNDS.
For Against Abstained
Othoniel Sierra x
Chelsea Nunnenkamp (Moved
By)
x
Joe Anderson (Seconded By)x
Steven Ward x
Rita Russell x
Jim Woodward x
PJ Kolnik x
7 0 0
Motion CARRIED.
b)Approval of Ordinances on Second Reading.
i)CB-66 Public Service Company (Xcel Energy) is requesting permission to
rebuild the natural gas regulator station at Bates Logan Park.
Page 3 of 9
Draft
Page 98 of 155
City Council Regular
October 16, 2023
Moved by Council Member Chelsea Nunnenkamp
Seconded by Council Member Joe Anderson
ORDINANCE NO. 63 SERIES OF 2023 (COUNCIL BILL NO. 66,
INTRODUCED BY COUNCIL MEMBER WARD)
AN ORDINANCE AUTHORIZING A TEMPORARY CONSTRUCTION
EASEMENT, UTILITY EASEMENT, AND SIDE LETTER WITH THE
PUBLIC SERVICE COMPANY OF COLORADO.
For Against Abstained
Othoniel Sierra x
Chelsea Nunnenkamp (Moved
By)
x
Joe Anderson (Seconded By)x
Steven Ward x
Rita Russell x
Jim Woodward x
PJ Kolnik x
7 0 0
Motion CARRIED.
c)Resolutions and Motions
i)Resolution to Support the City's Filed Proposition 123 Commitment
[Clerks Note: This agenda item was removed from the Consent Agenda
motion and considered independently.]
Moved by Council Member Rita Russell
Motion to table Proposition 123 to the Monday October 23, 2023 Study
Session.
Motion DIED
Moved by Council Member Chelsea Nunnenkamp
Seconded by Council Member Jim Woodward
RESOLUTION NO. 27, SERIES OF 2023
A RESOLUTION IN SUPPORT OF THE CITY COMMITMENT TO THE
STATE OF COLORADO, DIVISION OF HOUSING, TO INCREASE THE
CITY’S SUPPLY OF AFFORDABLE HOUSING TO BE ELIGIBLE FOR
Page 4 of 9
Draft
Page 99 of 155
City Council Regular
October 16, 2023
FUTURE PROPOSITION 123 FUNDS.
For Against Abstained
Othoniel Sierra x
Chelsea Nunnenkamp (Moved
By)
x
Joe Anderson x
Steven Ward x
Rita Russell x
Jim Woodward (Seconded By)x
PJ Kolnik x
6 1 0
Motion CARRIED.
ii)Removal of a Code Enforcement Advisory Committee Alternate Member
Moved by Council Member Chelsea Nunnenkamp
Seconded by Council Member Joe Anderson
Approval to remove of a Code Enforcement Advisory Committee
Alternate Member
For Against Abstained
Othoniel Sierra x
Chelsea Nunnenkamp (Moved
By)
x
Joe Anderson (Seconded By)x
Steven Ward x
Rita Russell x
Jim Woodward x
PJ Kolnik x
7 0 0
Motion CARRIED.
iii)Change order with Berg Hill Greenleaf Ruscitti, LLP to provide outside
legal representation for water rights support in the amount of $50,000, for
a total authorization of $500,000.
Moved by Council Member Chelsea Nunnenkamp
Seconded by Council Member Joe Anderson
Approval of a Change Order No. 1 with Berg Hill Greenleaf Ruscitti, LLP
for Outside Legal Representation.
For Against Abstained
Page 5 of 9
Draft
Page 100 of 155
City Council Regular
October 16, 2023
Othoniel Sierra x
Chelsea Nunnenkamp (Moved
By)
x
Joe Anderson (Seconded By)x
Steven Ward x
Rita Russell x
Jim Woodward x
PJ Kolnik x
7 0 0
Motion CARRIED.
Motion to approve Consent Agenda Items 9(a)(i), 9(b)(i) and 9(c)(i-iii).
Motion CARRIED.
10 Public Hearing Items
No public hearing was scheduled before Council.
11 Ordinances, Resolutions and Motions
a)Approval of Ordinances on First Reading
There were no additional Ordinances on First Reading (See Agenda Items
9(a)(i-).)
b)Approval of Ordinances on Second Reading
i)CB-67 Proposed rate increase for the Stormwater Utility Fund
Moved by Council Member Chelsea Nunnenkamp
Seconded by Council Member PJ Kolnik
ORDINANCE NO. 64 SERIES OF 2023 (COUNCIL BILL NO. 67,
INTRODUCED BY COUNCIL MEMBER ANDERSON)
AN ORDINANCE ESTABLISHING STORMWATER UTILITY AND
ENTERPRISE FUND USER FEES IN ACCORDANCE WITH TITLE 12,
CHAPTER 5, SECTION 4, SUBSECTION E, OF THE ENGLEWOOD
MUNICIPAL CODE 2000.
For Against Abstained
Othoniel Sierra x
Chelsea Nunnenkamp (Moved
By)
x
Joe Anderson x
Page 6 of 9
Draft
Page 101 of 155
City Council Regular
October 16, 2023
Steven Ward x
Rita Russell x
Jim Woodward x
PJ Kolnik (Seconded By)x
6 1 0
Motion CARRIED.
c)Resolutions and Motions
i)Greatland Concrete & Landscaping Sidewalk and Ramp Gap
Construction project contract
Moved by Council Member Jim Woodward
Seconded by Council Member Joe Anderson
Approval of a contract for construction to Greatland Concrete &
Landscaping for Sidewalk and Ramp Gap Construction project.
For Against Abstained
Othoniel Sierra x
Chelsea Nunnenkamp x
Joe Anderson (Seconded By)x
Steven Ward x
Rita Russell x
Jim Woodward (Moved By)x
PJ Kolnik x
7 0 0
Motion CARRIED.
ii)Construction Manager / General Contractor agreement with PCL
Construction, Inc. for the Allen Water Treatment Plant Space
Improvements Project.
Moved by Council Member Chelsea Nunnenkamp
Seconded by Council Member PJ Kolnik
Approval of the Construction Manager/General Contractor Agreement for
the Utilities Space Improvements Project.
For Against Abstained
Othoniel Sierra x
Chelsea Nunnenkamp (Moved
By)
x
Joe Anderson x
Steven Ward x
Page 7 of 9
Draft
Page 102 of 155
City Council Regular
October 16, 2023
Rita Russell x
Jim Woodward x
PJ Kolnik (Seconded By)x
7 0 0
Motion CARRIED.
iii)UMaster Services Agreement renewal with Paymentus Corporation for
gateway processing services in the estimated amount of $180,000.
Moved by Council Member Steven Ward
Seconded by Council Member Rita Russell
Approval of the Optimal Source Master Services Agreement Renewal for
Gateway Processing Services in the estimated amount of $180,000.
For Against Abstained
Othoniel Sierra x
Chelsea Nunnenkamp x
Joe Anderson x
Steven Ward (Moved By)x
Rita Russell (Seconded By)x
Jim Woodward x
PJ Kolnik x
7 0 0
Motion CARRIED.
iv)2023 City of Englewood Strategic Plan - Quarter 3
Moved by Council Member Chelsea Nunnenkamp
Seconded by Council Member Jim Woodward
Approval of the Quarter Three 2023 Strategic Plan Update.
For Against Abstained
Othoniel Sierra x
Chelsea Nunnenkamp (Moved
By)
x
Joe Anderson x
Steven Ward x
Rita Russell x
Jim Woodward (Seconded By)x
PJ Kolnik x
7 0 0
Motion CARRIED.
Page 8 of 9
Draft
Page 103 of 155
City Council Regular
October 16, 2023
12 General Discussion
a)Mayor's Choice
b)Council Members' Choice
13 City Manager’s Report
14 Adjournment
MAYOR SIERRA MOVED TO ADJOURN. The meeting adjourned at 8:55 p.m.
Deputy City Clerk
Page 9 of 9
Draft
Page 104 of 155
P R O C L A M A T I O N
WHEREAS, the Centers for Disease Control and Prevention estimate more than
37 million adults and children in the United States live with diabetes and an estimated
96 million adults have prediabetes; and
WHEREAS diabetes impacts all social, economic, and ethnic backgrounds;
WHEREAS, uncontrolled diabetes puts people at risk for serious complications
including cardiovascular disease, blindness, kidney disease and dialysis, and nerve
damage and amputation; and
WHEREAS the American Diabetes Association estimates that the total cost of
diabetes in the United States as $174 billion annually with additional costs for
gestational diabetes, pre-diabetes, and undiagnosed diabetes adding another $44
billion annually in costs; and
WHEREAS improving awareness about diabetes, including its prevention,
detection, and treatment can greatly improve the lives of all citizens while improving the
lives of those affected by diabetes; and
WHEREAS, learning how to self-manage this condition through diabetes self-
management education is a cornerstone of treatment; and
WHEREAS, best practice guidelines to treat diabetes include but are not limited
to insulin, oral medication, diet, physical activity, and daily self-management routines;
and
NOW, THEREFOR, BE IT PROCLAIMED THAT, I Othoniel Sierra, Mayor of the City of
Englewood, Colorado (“the City”) and the City Council, hereby proclaim:
National Diabetes Month for the November, 2023 in the City of Englewood and
encourage all members of the community to recognize the impact of diabetes, the
challenges faced by those experiencing diabetes, and the importance of early
detection
GIVEN under my hand and seal this ___ day of November, 2023
___________________________
Othoniel Sierra, Mayor
Page 105 of 155
COUNCIL COMMUNICATION
TO:Mayor and Council
FROM:Tamara Niles
DEPARTMENT:City Attorney's Office
DATE:November 6, 2023
SUBJECT:
Amendment to Englewood Municipal Code providing clear
authority for City Council to establish fees to reimburse the City for
facility usage, requested services to individuals
DESCRIPTION:
Amending Englewood Municipal Code to establish clear authority for the City's current fees for
usage of City property, facilities and services.
RECOMMENDATION:
Consider ordinance clearly authorizing City Council to set usage fees for city parks, facilities
SUMMARY:
The City Attorney's office discovered that the City's fee schedule was not comprehensive and
contained what appeared to be several errors and omissions. Over the course of almost 12
months, the City Attorney's Office completed a beginning-to-end review of the City's fee and
rate schedule, to ensure the fee schedule contains all fees and rates charged by the City;
everything in the fee schedule is authorized by Municipal Code; the fee schedule specifically
refers to the authorizing legislation; and all fees specifically provided in Municipal Code are
accurately stated in the fee schedule.
With the assistance of multiple CAO staff members, most predominantly Justin Merhar, the City
Attorney's Office legal summer intern, the CAO recommended significant revisions to the fee
schedule, which was adopted by City Council on October 6, 2023; and identified the need for
three clean-up ordinances to resolve identified issues. The first is to remove various legislative
mechanisms to adopt the City's rates and fees, so that the City can establish the annual fees
and rates in a single action item (rather than by both ordinance and resolution). The second is
to provide clear authority for City fees for individual reservations of City-owned facilities. The
third is to amend some sales tax fees to align with the approved fee schedule, but this will be
addressed and resolved in a Sales Tax Code overhaul ordinance, which is overseen and
directed by outside counsel with specialized experience in sales tax regulations.
This action item is the second recommended ordinance, to amend municipal code to provide a
clear mechanism and authority for City Council to establish user fees for City facilities and
services, to reimburse the City for costs of providing services requested by individuals.
COUNCIL ACTION REQUESTED:
Consider approving clean-up ordinance, providing clear authority for fees already charged and
set by City Council
Page 106 of 155
FINANCIAL IMPLICATIONS:
None anticipated. These fees are in the fee schedule, and have been historically charged by
the City.
ATTACHMENTS:
CB #47 - Municipal Code Amendment to authorize parks fees
Page 107 of 155
ORDINANCE NO. ____ COUNCIL BILL NO. 47
SERIES OF 2023 INTRODUCED BY COUNCIL
MEMBER _________________
A BILL FOR
AN ORDINANCE AMENDING ENGLEWOOD MUNICIPAL CODE
TO ESTABLISH CLEAR AUTHORITY FOR CITY’S CURRENT
FEES FOR USAGE OF CITY PROPERTY, FACILITIES,
SERVICES.
WHEREAS, the City of Englewood charges fees for private usage and/or benefit of City
facilities and services; and
WHEREAS, these fees reimburse the City for the costs of facility and service usage by
individuals; and
WHEREAS, City Council desires to amend Englewood Municipal Code to provide clear
authority for charging said fees, that are contained within the City fee and rate schedule.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. Amendment of Title 11 Chapter 4 Section 11-4-2 of Englewood
Municipal Code
Title 11 Chapter 4 Section 11-4-2 to Englewood Municipal Code is hereby amended to read as
follows (added provisions are underlined):
Sec. 11-4-2: - Authority to Govern.
A. In order to have the parks and recreation facilities of this City used to the fullest extent
consistent with an orderly use, there is hereby delegated to Tthe City Manager’s, or his designee,
may the authority to adopt and promulgate such rules and regulations, governing behavior and
conduct of persons within City-owned structures, parks, and recreation facilities, or any part
thereof, the parks and recreation facilities as he deems necessary. Notice of such rules and
regulations shall be provided as appropriate, including posting on signs and/or posting on the City's
website, and/or as otherwise deemed applicable, including.
B. Without in any manner limiting the foregoing authority, the City may designate the days and
hours during which they are the golf course, ball fields, shelter houses, playgrounds,
beach/shoreline, or any other open area owned and used by the City devoted to or designated for
active or passive recreation shall be open to the public and may designate at any time any Section
or part of any park, recreation facility or any other open area owned and used by the City devoted
to or designated for active or passive recreation to be closed to the public for any interval of time,
either temporarily or at regular and stated intervals and post signs to such effect.
Page 108 of 155
BC. The following shall apply to all City-owned structures, parks, and recreation facilities In
addition to any rules or regulations adopted pursuant to subsection a. above, the following general
rules and regulations are hereby made applicable to the golf course, ball fields, shelter houses,
playgrounds, beach/shoreline, or any other open area owned and used by the City devoted to or
designated for active or passive recreation:
1. Destruction, removal or defacement of property is prohibited.
2. Use of parks, trails or open spaces is limited to the hours of 6:00 a.m. to 11:00 p.m.
3. All dogs shall remain on leash unless within a designated and posted off-leash area,
during the hours such off-leash area is designated and posted for off-leash use. Attaching
a leash to a dog but failing to secure the leash to a responsible person or within a responsible
person's hand does not comply with this provision.
4. All persons exercising a pet animal, including dogs, shall be responsible for immediately
collecting and removing its waste, and for keeping such animal(s) under direct control at
all times.
5. Any animal brought onto a City-owned or controlled property must be properly licensed
and vaccinated.
C. The City Council shall set fees for the usage or rental of City-owned structures, parks, and
recreation facilities, or any part thereof; and any other fees necessary to reimburse the City for the
costs of providing a service or benefit to, or as requested by, an individual, or as otherwise
authorized by this Title.
Section 2. General Provisions
The following general provisions and findings are applicable to the interpretation and
application of this Ordinance:
A. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the
application thereof to any person or circumstances shall for any reason be adjudged by a
court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate
the remainder of this Ordinance or its application to other persons or circumstances.
B. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or
conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of
such inconsistency or conflict.
C. Effect of repeal or modification. The repeal or modification of any provision of the
Code of the City of Englewood by this Ordinance shall not release, extinguish, alter,
modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or
criminal, which shall have been incurred under such provision, and each provision shall be
treated and held as still remaining in force for the purposes of sustaining any and all proper
actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture,
or liability, as well as for the purpose of sustaining any judgment, decree, or order which
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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 by reference or in full 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. Manuals, Municipal Code,
contracts, and other documents approved by reference in any Council Bill may be
published by reference or in full on the City’s official website; such documents shall be
available at the City Clerk’s office and in the City Council meeting agenda packet when
the legislation was adopted.
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.
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COUNCIL COMMUNICATION
TO:Mayor and Council
FROM:Tamara Niles
DEPARTMENT:City Attorney's Office
DATE:November 6, 2023
SUBJECT:
Amending Englewood Municipal Code to provide consistency in
Council fee-setting mechanisms
DESCRIPTION:
Various sections of municipal code provide for varying mechanisms for City Council to establish
City fees. In practice, City Council adopts the annual fee schedule by resolution, but generally
authorizes and sets fees for the first time by ordinance. This ordinance amends municipal code
to provide consistency in the method by which City Council adopts its fees, so that it clearly may
do so by a single annual legislative act.
RECOMMENDATION:
Adopt ordinance amending municipal code to remove specific legislative mechanisms for setting
authorized city fees, and removing various specific fees from municipal code given the fees are
within the City Council annually-adopted fee schedule
SUMMARY:
The City Attorney's office discovered that the City's fee schedule was not comprehensive and
contained what appeared to be several errors and omissions. Over the course of almost 12
months, the City Attorney's Office completed a beginning-to-end review of the City's fee and
rate schedule, to ensure the fee schedule contains all fees and rates charged by the City;
everything in the fee schedule is authorized by Municipal Code; the fee schedule specifically
refers to the authorizing legislation; and all fees specifically provided in Municipal Code are
accurately stated in the fee schedule.
With the assistance of multiple CAO staff members, most predominantly Justin Merhar, the City
Attorney's Office legal summer intern, the CAO recommended significant revisions to the fee
schedule, which was adopted by City Council on October 6, 2023; and identified the need for
three clean-up ordinances to resolve identified issues. The first is to remove various legislative
mechanisms to adopt the City's rates and fees, so that the City can establish the annual fees
and rates in a single action item (rather than by both ordinance and resolution). The second is
to provide clear authority for City fees for individual reservations of City-owned facilities. The
third is to amend some sales tax fees to align with the approved fee schedule, but this will be
addressed and resolved in a Sales Tax Code overhaul ordinance, which is overseen and
directed by outside counsel with specialized experience in sales tax regulations.
This action item is the first recommended ordinance, to eliminate specific legislative
requirements to adopt fees charged by the City.
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Municipal code is inconsistent in the requisite legislative mechanism required to set rates and
fees that are authorized by Code: some provisions state only that the fee is set by City Council;
some state it is set by City Council resolution; and some state it is set by City Council ordinance.
By removing varied and inconsistent required adoption mechanisms, City Council may adopt the
annual fee and rate schedule by a single legislative act.
The sections proposed for amendment are as follows:
EMC § 4-4-1-3(A) (sales and use tax fee; removal of resolution adoption mechanism)
EMC § 5-1-6(A) (business license fees; removal of resolution adoption mechanism)
EMC § 5-3B-5 (alcohol license fees; removal of resolution adoption mechanism)
EMC § 5-3D-16 (medical marijuana license fees; removal of resolution adoption mechanism)
EMC § 5-3E-12 (marijuana retail fees; removal of resolution adoption mechanism and maximum fee of
$1,000)
EMC § 5-3F-3 (retail marijuana cultivation fees; removal of resolution adoption mechanism)
EMC § 5-7-10 (contractor licensing; removal of resolution adoption mechanism)
EMC § 8-5-2 (structure moving permit; removal of $50 and $25 permit fees)
EMC § 8-6-1 (demolition permit; removal of $50 and $200 permit fees)
EMC § 12-1D-1 (water rates; removal of resolution adoption mechanism)
EMC § 12-5-4(A), (D) (storm water drainage service charges; removal of ordinance adoption
mechanism)
EMC § 12-8-6 (concrete utility fee; removal of resolution adoption mechanism)
Except as specifically referenced above, no other provisions of Englewood Municipal Code,
including fee/rate amounts or required legislative fee, rate, or cost adoption mechanisms, are
amended by this proposed council bill.
COUNCIL ACTION REQUESTED:
Consider ordinance amending municipal code
FINANCIAL IMPLICATIONS:
None anticipated: this legislation does not add or remove fees; instead, it clearly authorizes the
City's current practice of adopting the annual fee schedule by City Council
ATTACHMENTS:
CB #69 - Fee Schedule Amendments JM
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ORDINANCE NO. ____ COUNCIL BILL NO. 69
SERIES OF 2023 INTRODUCED BY COUNCIL
MEMBER _________________
A BILL FOR
AN ORDINANCE AMENDING SECTIONS OF ENGLEWOOD
MUNICIPAL CODE TO ELIMINATE SPECIFIC FEES AND
INCONSISTENT FEE ADOPTION MECHANISMS, SO FEES AND
RATES MAY BE ADOPTED IN A SINGLE LEGISLATIVE ACT
WHEN ADOPTING THE ANNUAL CITY FEE AND RATE
SCHEDULE.
WHEREAS, the Englewood Municipal Code (“EMC”) authorizes the City Council
to set fees for permits, licenses, and services within the City, which the City Council
updates the City’s fee schedule annually; and
WHEREAS, the City Council recognizes the importance of enacting fees which
accurately reflect the cost of administering various programs; and
WHEREAS, the City Council has the authority to set fees by ordinance, resolution,
and motion and desires that authority to be clarified in code to ensure the Council’s ability
to properly set fees in a consistent manner; and
WHEREAS, the City Attorney’s Office has reviewed the fee schedule and the
EMC to ensure correctness and clarity between the fee schedule and the EMC; and
WHEREAS, City Council desires to amend various EMC sections to eliminate
conflicting and varying fee-setting mechanisms, and to remove specific amounts from
municipal code so that those may be set and amended as required within the annual fee
schedule review and adoption.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. Removal of specific adoption legislative mechanisms, fee amounts from
Englewood Municipal Code
In order to ensure City Council may annually establish and adopt the City’s fees, costs
and rates in a single legislative act, City Council hereby removes certain specific fees,
costs, and rates, and required adoption mechanisms for said fees, costs, and rates, by
amending the following sections of Englewood Municipal Code as follows:
EMC § 4-4-1-3(A) (sales and use tax fee; removal of resolution adoption mechanism)
EMC § 5-1-6(A) (business license fees; removal of resolution adoption mechanism)
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EMC § 5-3B-5 (alcohol license fees; removal of resolution adoption mechanism)
EMC § 5-3D-16 (medical marijuana license fees; removal of resolution adoption
mechanism)
EMC § 5-3E-12 (marijuana retail fees; removal of resolution adoption mechanism and
maximum fee of $1,000)
EMC § 5-3F-3 (retail marijuana cultivation fees; removal of resolution adoption
mechanism)
EMC § 5-7-10 (contractor licensing; removal of resolution adoption mechanism)
EMC § 8-5-2 (structure moving permit; removal of $50 and $25 permit fees)
EMC § 8-6-1 (demolition permit; removal of $50 and $200 permit fees)
EMC § 12-1D-1 (water rates; removal of resolution adoption mechanism)
EMC § 12-5-4(A), (D) (storm water drainage service charges; removal of ordinance
adoption mechanism)
EMC § 12-8-6 (concrete utility fee; removal of resolution adoption mechanism)
By removing varied and inconsistent required adoption mechanisms, City Council may
adopt the annual fee and rate schedule by a single Ordinance, if rates are increased that
require ordinance adoption by Municipal Code; or by Resolution or Motion, if ordinance-
established fees are unchanged. Except as specifically referenced above, no other
provisions of Englewood Municipal Code, including fee/rate amounts or required
legislative fee, rate, or cost adoption mechanisms, are amended by this Section.
Section 2. General Provisions
The following general provisions and findings are applicable to the interpretation and
application of this Ordinance:
A. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the
application thereof to any person or circumstances shall for any reason be adjudged by a
court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate
the remainder of this Ordinance or its application to other persons or circumstances.
B. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or
conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of
such inconsistency or conflict.
C. Effect of repeal or modification. The repeal or modification of any provision of the
Code of the City of Englewood by this Ordinance shall not release, extinguish, alter,
modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or
Page 114 of 155
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 by reference or in full 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. Manuals, Municipal Code,
contracts, and other documents approved by reference in any Council Bill may be
published by reference or in full on the City’s official website; such documents shall be
available at the City Clerk’s office and in the City Council meeting agenda packet when
the legislation was adopted.
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.
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COUNCIL COMMUNICATION
TO:Mayor and Council
FROM:Tim Dodd
DEPARTMENT:City Manager's Office
DATE:November 6, 2023
SUBJECT:
Amendment to the Contract between the City and Historic
Englewood
DESCRIPTION:
Approval of an amendment to the contract between the City and Historic Englewood
RECOMMENDATION:
Staff recommends that Council consider approval, by motion, a modification to the existing
agreement between the City and Historic Englewood to provide for additional time to prepare for
opening the agreed upon museum, as well as a mechanism to provide agreed upon grant
funding.
PREVIOUS COUNCIL ACTION:
Approval of contract with Historic Englewood for use of a portion of the Englewood Civic
Center (July 24, 2023)
Study Sessions- Representatives of Historic Englewood and Englewood Arts presented
information on their proposed use of space in the Englewood Civic Center (June 26,
2023)
Approval of contract with Historic Englewood for use of a portion of the Englewood Civic
Center (June 5, 2023)- Postponed
SUMMARY:
This summer, Council approved a contract with Historic Englewood, a nonprofit in the City of
Englewood dedicated to preserving its history. The agreement provided Historic Englewood
with the use of storage and exhibit space on the second floor of the Englewood Civic Center
and in return Historic Englewood would run a museum in the space that would be open, at least
one day per week, for the Englewood community. Additionally, Historic Englewood would
provide four programs each year, in the space or another location, that would be open to
members of the community. Historic Englewood requests an amendment to the agreement to
provide additional time before the opening of the museum, as well as a mechanism to provide
the $50,000 one-time grant from the City to Historic Englewood.
ANALYSIS:
Timeline Extension
The original agreement required Historic Englewood to open the museum to the public on
February 9th, 2023, six months after the effective date of the agreement on August 9, 2023.
Due to the timeline to obtain required insurance, Historic Englewood requested that the City
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consider modification of the agreement to require Historic Englewood to substantially complete
the build out of the space by March, 2024 and open the museum to the public for at least one
day per week by April 1, 2024.
Funding
In the original agreement, the City agreed to provide Historic Englewood with a one-time grant
in the amount of $50,000. The amendment provides additional details relative to the funds. The
City agrees to:
Provide Historic Englewood within 20 days of the receipt and approval by the City of
Historic Englewood's proposed plan for the space.
Provide Historic Englewood with a form to register with the City to receive grant funds;
and
Provide Historic Englewood with
Historic Englewood agrees to:
Complete a form provided by the City, registering the organization with the City in order
to receive funds;
Utilize funds for (1) improvements to the premise and space; (2) indoor and outdoor
signage; (3) grant writing; (4) consulting; (5) archiving; (6) presentation equipment and
displays; (7) web development; and (8) other startup costs approved by the City that
facilitate development of the museum;
Provide the City with an initial proposal for the use of any portion of the grant funds for
any purpose other than as expressly detailed in the proposed plan submitted to and
approved by the City;
Be solely responsible for payment of any subcontractors and for procurement of all
equipment, materials, and other resources necessary for performance of the proposed
plan;
Maintain an accounting system and accurate and complete accounting records for the
use of grant funds. All expenses incurred must be supported by receipts and invoices
and made available to the City upon request;
Retain all original records pertinent to the use of the grant funds, and shall make all
records available to the City upon request; and
File periodic reports with the City on the expenditure of grant funds. Reports shall
provide details about what the funds have been used for and will include receipts for
purchases, contracts with vendors, and photos of capital improvements and initiatives
funded by the grant funds. Reports must be submitted six months after the execution of
the amendment; one year after the execution of the amendment; and within three
months of the expenditure of the grant funds.
COUNCIL ACTION REQUESTED:
Staff recommends that Council consider approval, by motion, a modification to the existing
agreement between the City and Historic Englewood to provide for additional time to prepare for
opening the agreed upon museum, as well as a mechanism to provide agreed upon funding.
FINANCIAL IMPLICATIONS:
The contract amendment will provide Historic Englewood with a one-time, $50,000 grant.
CONNECTION TO STRATEGIC PLAN:
Outcome Area: Community Wellbeing
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Goal: Placemaking- A collaborative approach to planning, designing, and creative use of public
spaces
OUTREACH/COMMUNICATIONS:
Under the terms of the agreement, Historic Englewood agrees to open the space for the public
to interact with their collections for at least one day a week, and to offer at least four events per
year for Englewood residents which may be in the space.
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CIVIC CENTER SECOND FLOOR LEASE TO
ENGLEWOOD HISTORIC PRESERVATION SOCIETY DBA HISTORIC
ENGLEWOOD
THIS USE AGREEMENT (the “Agreement''), made and entered into this day of
, 2023, (the “Effective Date”) by and between the the City of Englewood, a Colorado
Municipal Corporation (hereafter referred to as "City") and the Englewood Historic Preservation
Society, a Colorado not-for-profit corporation, doing business as Historic Englewood (hereafter
referred to as Historic Englewood).
RECITALS
WHEREAS, The City developed on a portion of the second floor of the Englewood Civic Center
building a cultural arts space (hereafter referred to as "the Space") to be used as a museum for the
community; and
WHEREAS, Historic Englewood is an Internal Revenue Code 501 (c) 3 organization engaged in
developing and presenting cultural programs for Englewood and the surrounding communities;
and
WHEREAS, It is the City's desire to maximize the use of the Space, thereby attracting increased
numbers of visitors to Englewood and the Civic Center; and
WHEREAS, The City desires to enter into this Agreement with Historic Englewood and assist
Historic Englewood in the conduct of its activities and operations in the Space and to clarify the
rights and duties granted by the City and accepted by Historic Englewood; and
WHEREAS, The City Council of the City of Englewood has resolved to enter into this Agreement
in accordance with the following terms.
NOW THEREFORE, in consideration of the foregoing recitals and the mutual covenants
and agreements herein, and for other good and valuable consideration, the sufficiency and receipt
of which is hereby acknowledged, the parties do hereby agree as follows:
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ARTICLE I
TERM
1.1 Premises. The City does hereby permit the non-exclusive right to Historic Englewood to
use a portion of the Space (“Premises” and “Common Areas” herein) located on the second floor
of the Civic Center as shown on the drawing attached hereto, located at 1000 Englewood Parkway,
Englewood Colorado as shown on Exhibit A attached hereto and incorporated herein.
1.1.2 Term of Use. The Initial Term of Use, which is the subject of this Agreement, shall
commence upon the first day of August 2023, and shall expire on the final day of December 2023.
Following the Initial Term of Use this Agreement will automatically renew for successive twelve
month terms until the termination of the Agreement.
1.1.3 Timing for Use. Historic Englewood agrees to substantially complete the build out of the
space in six months from the execution date of this Agreement and be open to the public for at
least one day per week after six months.
1.2 Utilities. The City shall be responsible, at no cost to Historic Englewood, for the cost of
utilities, such as heating, cooling, and electricity for the Space.
ARTICLE II
FEES & GRANT
2.1 In recognition of Historic Englewood’s work to create a local history museum in the Space,
the City will provide the Space to Historic Englewood at no cost and will contribute a grant not to
exceed $50,000 for improvements to the Premises and Space, indoor and outdoor signage, grant
writing, consulting, archiving, presentation equipment and displays, web development, and other
startup costs that facilitate development of the museum.
ARTICLE III
MAINTENANCE
3.1 Maintenance. The City, at its own expense, shall provide routine (non -event related)
maintenance and cleaning of the Space, per current City standards for the Civic Center. The repair of
faulty electrical wiring, not the result of misuse by Historic Englewood, shall be included in routine
maintenance. Also included in routine maintenance shall be the replacement of burned out light
bulbs. The City shall, subject to appropriation, make repairs to the Premises and Space, when
deemed necessary.
3.1.2 Use Commitment. Following construction of exhibition setup, Historic Englewood shall
commit to open the Premises and Space to the public one day per week and produce a minimum
of four historic lectures or other programs for the residents of Englewood. Historic lectures may
be held at other locations outside of the Space.
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3.2 Food and Beverage Service. Subject to the availability of food and beverage service
facilities in the Space, Historic Englewood shall be granted permission to serve food and beverages
to its patrons during its events. Historic Englewood shall be responsible for obtaining any required
health department permits and City and State sales tax licenses required for the sale of food and
beverages. Excluding a refrigerator for museum use, the addition of any temporary or permanent
food and beverage service facilities shall be subject to advance approval by the City.
3.2.1 Beverages Containing Alcohol or Liquor. Subject to the the provisions of section 3.2 of
this Agreement Historic Englewood shall be responsible for obtaining any required City and State
permits and sales tax licenses required for the sale of beverages containing alcohol or liquor.
3.2.1 Civic Center Entrances. The City agrees to keep all Civic Center public entrance doors open
during the regular business hours of the Civic Center and such times of Historic Englewood use of the
Space. Historic Englewood shall be responsible for notifying the City of event dates and times, or
any cancellations or changes in event dates and times, at least 48 hours in advance of any event.
ARTICLE IV
INSURANCE AND INDEMNITY
4.1 Historic Englewood Liability Insurance. Historic Englewood shall, during the Term of this
Agreement, keep in full force and effect a policy of commercial general public liability insurance
with personal injury and property damage limits in an amount of not less than $1,000,000 per
occurrence and $2,000,000 aggregate. The policy shall name the City as additional insured.
4.2 Historic Englewood Property Insurance. Historic Englewood agrees that it shall keep its
furniture, fixtures, artifacts, equipment, and all items it is obliged to maintain and repair under this
Agreement insured against loss or damage by fire and all risk endorsements. It is understood and
agreed that Historic Englewood assumes all risk of damage to its own property arising from any
cause whatsoever, including, but without limitation, loss by theft or otherwise.
4.3 Historic Englewood Indemnity. Historic Englewood shall indemnify and hold harmless
the City harmless from and against any and all losses, claims and damages arising from Historic
Englewood’s use of the Premises and Space, or the conduct of its business or from any act or
omission or activity, work or thing done, permitted or suffered by Historic Englewood in the Space,
and shall further indemnify and hold the City harmless from and against any and all claims arising
from any breach or default in the performance of any obligation of Historic Englewood to be
performed under the terms of this Agreement, or arising from any act or negligence of Historic
Englewood or any of its agents, contractors or employees, and from and against all costs, attorneys'
fees, expenses and liabilities incurred in connection therewith. The City shall not be liable for injury
or damage, which may be sustained by the person, goods, wares, artifacts or property of Historic
Englewood, its employees, invitees or customers.
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ARTICLE V
DEFAULT
5.1 Default by Historic Englewood. Subject to the notice and cure rights set forth below, the
City may terminate this Agreement upon default by Historic Englewood under this Agreement
notice of default determination, which shall state the designated date of the default, shall be in
writing, delivered by certified U. S. Mail, Return Receipt Requested, at least thirty (30) days prior
to the designated date for default determination of this Agreement. Historic Englewood shall have
ten (10) business days from receipt of a default determination notice to correct or commence such
correction if such correction cannot be reasonably corrected within such ten (10) days. If so
corrected, or commenced and corrected, within a reasonable time then this Agreement shall not
terminate. Upon termination for default, Historic Englewood shall reimburse any and all charges
due to the City for which it is entitled under this Agreement.
5.3 Termination. The City may, without cause and without penalty, terminate this Agreement
with 60-days prior notice to Historic Englewood of the City’s desire to occupy the Space or vacate
the space as needed to facilitate the redevelopment of the building and associated City Center area.
In the event that the building in which the Space is located is sold or vacated prior to the termination
of this Agreement, or any subsequent renewal period, the parties hereby acknowledge that this
Agreement and the parties' duties under this Agreement shall terminate.
5.4 Notification of Termination. In the event that the Civic Center is redeveloped, or the City
requires Historic Englewood to vacate the Premises prior to the termination of this Agreement, or
any subsequent renewal, the City shall provide Historic Englewood with written notice at least 60
days prior to the required vacating.
ARTICLE VI
MISCELLANEOUS
6.1 Time of Essence. Time is of the essence.
6.2 Assignment. Historic Englewood shall not assign this Agreement or any interest herein,
without the prior written consent of the City, in its sole and subjective discretion.
6.3 Severability. The validity of a provision of this Agreement, as determined by a court of
competent jurisdiction, shall in no way effect the validity of any other provision hereof.
6.4 Entire Agreement. This Agreement, along with any exhibits or attachments hereto,
constitutes the entire agreement between the parties relative to the Space and Programming, and
there are no oral agreements or representations between the parties with respect to the subject
matter thereof. This Agreement supersedes and cancels all prior agreements and understandings
with respect to the subject matter thereof. The Agreement may be modified only in writing, signed
by both parties in interest at the time of modification.
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6.5 Third- Party Beneficiary. Nothing herein shall be construed as giving rise to any rights or
benefits to any third party. Historic Englewood and the City expressly disclaim any intent to create
any third-party beneficiary status or rights in any person or entity not a party to this Agreement.
6.6 Binding Effect: Choice of Law. Subject to any provision hereof restricting assigning
by Historic Englewood, this Agreement shall bind the parties, their successors, and assigns. The
laws of the State of Colorado shall govern this Agreement.
6.7 Authority. Each individual signing this Agreement on behalf of the respective parties
represents and warrants that he/she is duly authorized to sign and deliver this Agreement on behalf
of such party and that this Agreement is binding upon each party in accordance with its terms.
6.8 Notices. All notices, coordination, and other communication required or permitted
by this Agreement shall be made to the following persons:
City of Englewood Englewood Historic Preservation Society
City Manager Board of Directors
1000 Englewood Parkway P.O Box 11234
Englewood, CO 80110 Englewood, CO 80151
cmo@englewoodco.gov contact@historicenglewood.org
6.9 Nondiscrimination. Historic Englewood shall make its services and programs available to
all persons, regardless of race, color, age, creed, national origin, sex, or disability; and, through
exhibits and programming, will work to represent and highlight the diversity of cultures that have
shaped Englewood and historic Arapahoe County including Native Americans, Asian immigrants,
Hispanic immigrants to name a few.
6.10 Incorporation by Reference. This Agreement is made under and conformable to the
provisions of Englewood Municipal Code (EMC) § 4-1-3-4, which provides standard contract
provisions for all contractual agreements with the City. Insofar as applicable, the provisions of
EMC § 4-1-3-4 are incorporated by reference.
6.11 The Parties to this Agreement recognize that EEF will dissolve during the term of this
Agreement, and the City of Englewood will acquire ownership of the leased Premises and Space,
the City of Englewood will automatically become the sole lessor and any obligations of EEF
hereunder shall be automatically terminated.
6.12 Rental Records and Event Schedules. Historic Englewood shall create and maintain rental
records and event schedules for each rental or event at the Space. The rental records shall detail
rental rates, purpose of rental, policy regarding rental discounts, and names of in dividuals or
groups renting the Space. The Historic Englewood rental records or event schedules shall be made
available to the Public and the City and shall be provided upon the request of the Public or the
City.
6.13 Security. Historic Englewood shall insure that the doors to the Space are closed and secure
when the Space is not in use and afterhours.
6.14 Conference Room. Historic Englewood will be permitted the use of the conference room
located in the Space two times per month for their board meetings. Historic Englewood’s use of
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the conference room shall not conflict with E-Arts or City use of the room and Historic Englewood
will provide at least forty-eight hour notice to E-Arts and the City of their intent to use the
conference room.
IN WITNESS WHEREOF, the parties hereto have affixed their signatures to the Agreement the
day and year above written.
CITY OF ENGLEWOOD
By:
City Manager
HISTORIC ENGLEWOOD
By:
President
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AMENDMENT NUMBER 1
TO CIVIC CENTER SECOND FLOOR
LEASE TO ENGLEWOOD HISTORIC
PRESERVATION SOCIETY DBA
HISTORIC ENGLEWOOD
THIS AMENDMENT NUMBER 1 to the Civic Center Second Floor Lease To Englewood Historic
Preservation Society DBA Historic Englewood, made and entered into on this ________ day of ________________,
2023, (the “Effective Date”) by and between the City of Englewood, a Colorado Municipal Corporation (hereafter
referred to as the “City”) and the Englewood Historic Preservation Society, a Colorado not-for-profit corporation,
doing business as Historic Englewood (hereafter referred to as Historic Englewood)., and collectively referred to as
the “Parties”.
WHEREAS, On August 9, 2023, the City entered into a Lease Agreement with Historic Englewood for a
museum on the second floor of the Civic Center; and
WHEREAS, the Agreement provided that Historic Englewood was to have substantially completed the
project and been open to the public within six months of the signing of the contact; and
WHEREAS, Historic Englewood has advised the City that they will not be able to comply with the agreed
to time frame due to issues procuring insurance coverage and other issues; and
WHEREAS, the City desires to detail with particularity the conditions and oversight of the Grant that is to
be awarded to Historic Englewood in the Agreement; and
WHEREAS, The Parties desire to enter into this Amendment Number 1.
NOW, THEREFORE, the City and Historic Englewood hereby enter into this Amendment Number 1 as
follows:
1. AMENDMENT TERMS
This Amendment is entered into to modify Article I section 1.1.3 and Article II of the original Agreement.
2. MODIFICATIONS AND AMENDMENTS
A. Section 1.1.3 Timing for Use. The section is modified as follows:
Historic Englewood agrees to substantially complete the build out of the space by March of 2024 and be
open to the public for at least one day per week by April 1, 2024.
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B. Article 2, Fees and Grant. This section is modified by adding section 2.2 to the Agreement:
I. General Obligations of the Parties
a. The City agrees to provide Historic Englewood with a Grant in the amount of $50,000.00.
b. The Grant Funds will be provided within 20 days of the receipt and approval by the City of Historic
Englewood’s proposed plan for the Space.
c. Historic Englewood agrees to complete a form provided by the City registering the organization with the
City in order to receive Grant Funds.
d. Historic Englewood agrees that Grant Funds shall only be used for the following purposes:
• Improvements to the premise and space;
• Indoor and outdoor signage;
• Grant writing;
• Consulting;
• Archiving;
• Presentation equipment and displays;
• Web development; and
• Other startup costs approved by the City that facilitate development of the museum.
e. Historic Englewood agrees to provide the City with an initial proposal for the use of the Grant Funds. The
initial proposal shall include plans for the space, cost estimates for each use of Grant Funds, time frames for
implementation of improvements, and any other proposed use of the Grant Funds.
f. Historic Englewood may not use any portion of the Grants Funds for any purpose other than as expressly
detailed in the proposed plan submitted and approved by the City.
g. Historic Englewood shall be solely responsible for payment of any subcontractors, and for procurement of
all equipment, materials, and other resources necessary for performance of the proposed plan.
II. Compliance and Monitoring
a. Historic Englewood shall maintain an accounting system and accurate and complete accounting records for
the use of Grant Funds. All expenses incurred must be supported by receipts and invoices and made available
to the City upon request.
b. Historic Englewood shall retain all original records pertinent to the use of the Grant Funds, and shall
make all records available to the City upon request.
c. Historic Englewood shall file periodic reports with the City on the expenditure of Grant Funds. The Reports
shall provide details about what the Grant Funds have been used for, and will include receipts for purchases,
contracts with vendors, and photos of capital improvements and initiatives funded by the Grant Funds.
d. The City will provide Historic Englewood with a template form to use for these reports, which must be
filed:
• Six months after the execution of this Amendment;
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• One year after the execution of the Amendment; and
• Within three months of the expenditure of the entirety of the grant funds.
3. INCORPORATION BY REFERENCE OF AGREEMENT, ANY PRIOR AMENDMENTS
Except as specifically modified herein, all other terms and conditions of the Lease Agreement and any prior
amendments thereto are incorporated by reference as if fully set forth herein, and shall continue in full force and
effect until the expiration of the term or termination of the Lease Agreement.
CITY OF ENGLEWOOD, COLORADO
By: __________________________________ Date: ________________________________
HISTORIC ENGLEWOOD
By: __________________________________
(Signature)
________________________
(Print Name)
Title: ___________________________
Date: ____________________________
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COUNCIL COMMUNICATION
TO:Mayor and Council
FROM:Tamara Niles
DEPARTMENT:City Attorney's Office
DATE:November 6, 2023
SUBJECT:Motion to approve amendments to Council policies
DESCRIPTION:
City Council annually refers and considers updates to its City Council policies. This agenda
item will approve updates.
RECOMMENDATION:
Consider proposed revisions to council policies
PREVIOUS COUNCIL ACTION:
City Council considered proposed amendments in a study session on August 7, 2023
SUMMARY:
City Council annually reviews its council policies, and considers amendments. City Attorney
Tamara Niles presented proposed revisions on August 7, and received City Council direction
and inquiries regarding the proposed amendments.
The proposed policies removes proposed limitations on public comment use of City A/V
equipment. City Council discussed prohibiting insertion of unsecured flash drives to the City
network, but the City Attorney's office is continuuing its study and does not recommend moving
forward with that provision at this time.
The following policies proposed on August 7 were amended pursuant to City Council
direction/comment as follows:
Pursuant to comment by Council Member Russell, the proposed policies were further amended
so that costs of constituent mailings are paid out of City Council discretionary funds, rather than
the general City council postage/mailing budget line item.
Pursuant to comment by Mayor Pro Tem Ward, and supported by other council members, policy
was revised to remove "if repeated" and thus clarifying that repeated conduct is not required to
warrant removal from a public meeting.
Pursuant to comment by Mayor Pro Tem Ward, with other council members both in favor and
against, provisions regarding annual evaluations of the City Manager and City Attorney was
revised to reflect that City Council may (but is not required to) schedule more evaluations than a
single annual evaluation
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Pursuant to comment by Mayor Sierra, a provision was added to provide that the timeclock to
speak during public comment of a City Council meeting starts when the speaker reaches the
podium.
The proposed policies also include:
Council bill publications: amends publication requirements to confirm to current practice to save
city money and staff time to eliminate duplicate publications. Also allows documents approved
by reference to be either posted online, but requires them to be within the city council meeting
packet and available at the city clerks office.
Provides that hardcopies of presentation materials may be distributed to Council at meeting, or
in advance by City Clerk.
Expands in-person meeting requirements to City boards; but recognizes that a body may hold
electronic meetings by majority vote when no action will be taken (such as study sessions).
Inserts that appointments to boards/commissions may be by resolution (which is general
practice for formal city boards), and not just motion.
Clarifies that no person may address Council or otherwise interrupt a meeting unless
recognized by the Mayor.
To ensure compliance with content regulation restrictions, removes provision that remarks can
only be addressed to City Council as a body.
Clarifies procedure for Council responses to public comment questions (during CM choice or as
the designated CM responder).
Establishes a grant application approval policy as follows:
City staff has a long and successful history of applying for, and obtaining, grant awards to fund City
operations and special projects. Applying for a grant, and then refusing to accept a grant award however,
may impair the City’s ability to obtain similar grant awards in the future. Therefore, City Council
considers and evaluates the following grant applications prior to submission: an application that binds the
City to take future action/spend its own funds if the grant is awarded; grants in excess of $100,000; grants
likely to be contentious or controversial within the community or among City Council members; if the
failure to accept a grant award would likely negatively affect the success of a future grant application;
grants that require City Council approval prior to application; or any other application requested for prior
review and approval by City staff.
Increases Council discretionary funds to $1,000 per year, from $600 per year.
COUNCIL ACTION REQUESTED:
Motion to approve City Council policy amendments
FINANCIAL IMPLICATIONS:
None anticipated
OUTREACH/COMMUNICATIONS:
The City Attorney's office consulted with staff and council members regarding proposed
revisions
ATTACHMENTS:
Proposed redlines to policies
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City of Englewood
City Council Policies
2022‐
22023
CITY OF ENGLEWOOD | 1000 Englewood Pkwy, Englewood, CO 80110
Approved 5‐16‐2022INSERT DATE
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City of Englewood/Council Policy and Procedures Page 1 | 25
TABLE OF CONTENTS Page #
I. Establishment of City Council Policies 4
Establishment 4
Amendment 4
Suspension of Rules 4
II. Officers and Employees 4
Presiding Officer 4
Mayor 4
Mayor Pro Tem 5
Temporary Chairperson 5
Officers and Employees to Attend City Council Meetings 5
City Manager 5
City Attorney 5
City Clerk 5
Department Directors/Employees 5
III. Meetings 6
Order of Business 6
Meetings – Open to the public 6
Distribution of Agenda and Agenda Packet 7
Minutes of the Meeting 7
Roll Call 7
Quorum 7
Summary of Minutes 7
Consent Agenda 8
Ordinances, Resolutions, Motions 8
Preliminary Matters 8
Ordinances 8
Emergency Ordinances 9
Resolutions 9
Motions 9
Addressing City Council 9
Verbal Communications 9
Scheduled Public Comment 10
Unscheduled Public Comment 10
Written Communication 10
Off-agenda Topics 10
Manner of Addressing Council/Time Limit 10
Public Hearing 11
Voting 11
IV. Policy Regarding Rules of Decorum 11
General 11
Seating Arrangement 11
Personal Privilege 12
Excusal during Meeting 12
Obtaining the Floor/Recognition by Chairperson 12
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City of Englewood/Council Policy and Procedures Page 2 | 25
Interruptions 12
Dissents and Protests 12
Study Session Policy 12
Provide Material in Advance 12
City Council and Citizen Requests 13
City Council Communications 13
Direction by Consensus 13
Garrett Rule 13
Woodward Rule 13
Public Meeting Policy 13
Agenda Materials 13
Burns Rule 13
Consent Agenda Protocols 13
Debate Decorum 13
Be Gracious and Respectful at all Times 13
Remain Silent 13
Interpersonal Behavior 14
Be Attentive 14
Take Time to Negotiate 14
Personality Conflicts 14
Use of Electronic Devices 14
V. Discretionary Funds 14
Allocation 14
Limitation on out-of-state travel 14
Publications/Printed Materials 14
Membership Dues 14
Meals 14
Computer Supplies/Technology 14
City Issued Credit Cards and Receipts 15
Reimbursements 15
Fair Campaign Practices Act 15
Charitable Contributions 15
Constituency Communication 15
Blackout Period 16
Postage Costs– Mass Mailings 16
Holiday Greetings prohibited 16
Pre-stamped envelopes 16
VI. Travel 16
Approval 16
Documentation 16
Fiscal Responsibility 16
Reconciliation of Prior Travel 16
Monitoring Policy 16
Publication of Expenditures 16
Out-of-State Travel 16
Expense Repayment 16
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City of Englewood/Council Policy and Procedures Page 3 | 25
VII. Communications Policy 17
Private E-mail Service 17
Official Custodian 17
CORA Statement 17
E-mail Communications 17
Retention Policies Applicable to E-mail Communications 18
E-mail Management Policy 18
VIII. City Council Vacancies 18
Resignation of a City Council Seat 18
Vacancies 18
Vacancy created by Mayor 19
Date of mandatory vacation of office 19
Procedure for selecting a successor 19
Term of Successor 19
Multiple Vacancies 19
IX. Electronic Participation 19
Purpose 19
Statement of Policy 20
Procedures 20
Quorum 20
Chairperson 20
Executive Session 20
X. Personnel 21
Annual Evaluation of City Officers 21
Annual Wage Adjustment 21
Timeline/Procedure 21
Meeting with City Officer 21
Municipal Court Judge/Municipal Court Budgetary Issues 21
XI. Agenda Setting 21
Mayor/City Manager meeting 21
City Manager: Authority to set agenda items 21
City Council Members: Authority to set agenda items 22
Proclamations 22
XII. Admonition and Censure of Council Members 23
Policy of Legal Compliance 23
Authorized Actions of City Council 23
Public Censure 24
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City of Englewood/Council Policy and Procedures Page 4 | 25
I. ESTABLISHMENT OF CITY COUNCIL POLICY AND PROCEDURE
A. Establishment. The City Council shall adopt a Policy Manual. Adoption of Council policy shall
be by Motion in public session and shall thereafter be included in a Council Policy Manual.
B. Amendment. These rules may be amended or new rules adopted by majority vote of all members of
the City Council. It is preferred that any such amendment(s) shall be submitted in writing at the
preceding regular meeting and shall be placed on the agenda of the City Council. Any change to
Council Policy shall be accomplished in the same fashion as a new policy.
C. Suspension of Rules. Any provision of these rules not governed by the City Charter or City Code may
be temporarily suspended, amended, or changed at any meeting of the City Council by a majority vote
of all members of the City Council. The vote on any such suspension shall be taken by ayes and nays
and entered in the record.
Resolution No. 48, Series of 1990
II. OFFICERS AND EMPLOYEES
A. The Presiding Officer.
1. Mayor.
a. Charter § 24. After each general municipal election, the City Council shall elect from their
own number a Mayor who will be the presiding officer entitled to vote. The Mayor shall
have no veto power and shall serve at the will of the City Council. The Mayor shall be
recognized as head of the City Government for all ceremonial purposes and shall execute
and authenticate legal instruments requiring their signature as such official.
b. Term. A Mayor shall serve for two years unless removed by action of a majority of the
City Council.
c. Election Procedure. The presiding officer of the City Council shall be the Mayor who shall
be elected by majority vote of the members of the City Council. Generally, such election
shall take place at the second meeting in November after each general municipal election,
or following an action to remove the Mayor, or after a Mayor should resign from such
position, or as needed.
d. Duties and Authority.
1) Rules of Procedure and Decorum. The presiding officer shall preserve strict order
and decorum at all regular and special meetings of the City Council. The presiding
officer shall conduct the meetings in conformance with the adopted Rules of
Procedure.
2) Duties. The Mayor shall call every meeting of the City Council to order. The
Mayor shall, in conformance with the adopted Rules of Procedure, state every
question coming before the City Council, announce the decision of the City
Council on all subjects, and decide all questions of order, subject to the adopted
Rules of Procedure.
3) Appointments by the Mayor. Except when otherwise provided by State law,
nominations to boards/commissions/committees shall be by general consensus of
the body. An action to approve and accept such nomination by regular motion or
resolution shall be placed on the agenda for the next regular meeting and approved
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City of Englewood/Council Policy and Procedures Page 5 | 25
by majority vote of the body present. The effective date of such appointment shall
be as provided by law, or as determined by action of the City Council.
4) Voting. The Mayor shall vote on all questions, their name being called last in roll-
call votes.
5) Communications. The Mayor shall supply copies of all mailings/communications
sent on behalf of the City or City Council to the City Council for informational
purposes and comment prior to mailing or publicizing such
mailings/communications. The City Manager or Mayor or City Council may
designate staff to compose or prepare letters sent on behalf of the City over the
mayor's signature.
2. Mayor Pro Tem.
a. Election. The Mayor Pro Tem shall be elected by the members of the City Council at the
second meeting in November after each general municipal election, or as needed.
b. Authority. The Mayor Pro Tem shall serve as Mayor during the absence or disability of the
Mayor and, in case of a vacancy in the office of the Mayor, pending a selection of a new
Mayor.
c. Duties. While serving in the capacity of Mayor, the Mayor Pro Tem shall have all powers
of the Mayor, including signing all ordinances and contracts approved at any meeting over
which the Mayor Pro Tem did preside.
3. Temporary Chairperson. In the absence of the Mayor and Mayor Pro Tem, the City Clerk or Deputy
City Clerk shall call the City Council to order, whereupon a temporary chairperson shall be elected
by the members of the City Council. Such temporary chairperson shall serve as presiding officer
of the City Council until the arrival of the Mayor or the Mayor Pro Tem, at which time the
temporary chairperson shall relinquish the chair upon the conclusion of the business immediately
before the City Council. When necessary, the temporary chairperson shall serve until the election
of a new Mayor and Mayor Pro Tem.
B. Officers and Employees to Attend City Council Meetings.
1. City Manager. The City Manager, or the Manager’s designated representative, shall attend all
meetings of the City Council posted in accordance with the Colorado Open Meetings Law, unless
excused by the City Council. The Manager shall carry out all duties as set forth by Charter, and
within the established job description. The Manager may make recommendations to the City
Council upon any matter requiring action of the City Council, and may take part in discussions on
all matters concerning the welfare of the City.
2. City Attorney. The City Attorney, or the Attorney’s designated representative, shall attend all
meetings of the City Council posted in accordance with the Colorado Open Meetings Law, except
the City Attorney may be excused by the City Council from study sessions where no official
business of the City is anticipated to occur, including meetings with elected State or Federal
representatives, interviews for volunteer positions, and similar meetings. The City Attorney is the
legal representative of the City, and advises the City Council and City Officials in matters related
to their official duties and powers.
3. City Clerk. The City Clerk is the clerk of the City Council. The City Clerk, or the Clerk’s designee,
shall attend all meetings of the City Council, unless excused by the City Council. The City Clerk
shall be responsible for providing agenda packets to members of the City Council, provide draft
minutes to the members of the City Council the Thursday before such minutes are to be approved,
assisting the Mayor with monitoring parliamentary matters, taking and announcing the vote upon
all actions of the City Council, keeping the minutes of the meeting, and such other and further
duties in the meeting as may be ordered by the Mayor, City Manager or City Council.
4. Department Directors/Employees. Department directors, city officers, or any employee of the City,
when requested by the City Manager, shall attend any regular or special meeting, or study session,
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City of Englewood/Council Policy and Procedures Page 6 | 25
and confer with the City Council on matters relating to the business of the City. In conformance
with Charter §32, officers and employees reporting to the City Manager shall not interact with the
presiding officer, unless the presiding officer or the City Manager specifically authorizes direct
interaction.
III. MEETINGS
A. Order of Business. The agenda of the City Council shall be as follows except where otherwise decided
by a majority vote of City Council members present at said meeting:
1. Call to order.
2. Pledge of Allegiance.
3. Roll Call.
4. Consideration of minutes of previous session.
5. Recognition of Scheduled Public Comment.
6. Recognition of Unscheduled-Public Comment
7. Communications Proclamations and Appointments.
8. Consent Agenda items.
9. Public Hearing items.
10. Ordinances, Resolutions and Motions.
11. General Discussion: (the order of the following at discretion of Mayor)
a. Mayor’s Choice.
b. Council Member's Choice.
12. City Manager's report.
13. City Attorney's report (if requested by City Attorney).
14. Adjournment
B. Meetings - open to public. All meetings of a quorum or three or more members of any local public
body, whichever is fewer, at which any public business is discussed, or at which any formal action may
be taken are declared to be public meetings open to the public.
1. "Meeting" means any kind of gathering, convened to discuss public business, in person, by
telephone, electronically, or by other means of communication. See C.R.S. 24-6-402.
2. "Local public body" means any board, committee, commission, authority, or other advisory, policy-
making, rule-making, or formally constituted body of any political subdivision of the state and any
public or private entity to which a political subdivision, or an official thereof, has delegated a
governmental decision-making function but does not include persons on the administrative staff of
the local public body.
3. Regular Meeting. Regular meetings of the City Council shall be held in the City Hall on the
first and third Mondays of each month at the time designed by City Council, or at such other
time and day as the City Council may, from time to time, designate; provided, however, that
when the day fixed for any regular meeting falls upon a day designated by the City Council or
law as a local, legal, or national holiday, such meeting shall be held at the same hour on the
next succeeding day not a holiday.
4. Special meetings. Special meetings of the City Council may be called in the manner and at the
time provided for by Bob’s Rules of Order, the rules of procedure of the City Council.
a. Authority to Convene. The Mayor shall call special meetings of the City Council
whenever in the Mayor’s opinion the public business may require it, or at the express
written request of any three (3) members of the City Council.
b. Notice. Whenever a special meeting shall be called, a summons or a notice in writing
signed by the Mayor or City Manager shall be served upon each member of the City
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Council, either in person, or by both telephone and e-mail, or by notice left at their
place of residence, stating the date and hour of the meeting and the purpose for which
such meeting is called, and no business shall be transacted except such as is stated in
the notice. Members of the City Council may notify the City Clerk of their preferred
method of notice. Notice of a special City Council meeting may be announced by the
Mayor at any regular City Council meeting and when so announced, a written notice
shall not be required. Notice of a special City Council meeting, whether written or oral,
shall be served upon each Council Member at least twenty-four (24) hours before the
special meeting is to be held; except that if, after diligent effort is made to give notice
of any such meeting to all members of the City Council, notice of the same cannot be
given due to an inability to locate any member, a majority of the City Council may
waive notice of a special City Council meeting in writing or by affirmative vote at the
special meeting and such waiver shall be specifically noted in the minutes of the
meeting. Notice may be waived by the entire membership of the City Council in any
case.
5. Executive Session. The City Council may call an executive session in conformance with C.R.S.
24-6-402.
C. Distribution of Agenda and Agenda Packets. On the Thursday preceding a regular City Council
meeting, or at such other day as the City Manager shall determine, the City Manager will make available
to each Council Member an agenda showing the order of business and indicating the public hearings to
be anticipated as a result of previous action of the City Council, planning or other commissions. Also
listed will be ordinances for first or second reading, petitions previously presented to the Clerk’s office
and a list of the reports of special committees, the City Manager or City Attorney. The City Clerk shall
make agenda packets available to members of the City Council in electronic format by 5:00 p.m. on the
Thursday prior to any scheduled meeting of the City Council. Upon request by any Council Member,
printed materials will be made available at the same time, or as soon thereafter as practicable.
1. Rita Rule – All Council Members shall receive the same information at the same time in the Council
Packet.
D. Minutes of the Meeting. Minutes of the meeting shall be action minutes. In conformance with the
adopted Rules of Procedure, the Clerk may be directed by the Mayor to enter a synopsis in the minutes
of the discussion on any question coming regularly before the City Council. A City Council Member
may request, through the presiding officer, the privilege of having an abstract of their statement on any
subject under consideration by the City Council entered in the minutes.
E. Roll Call. Before proceeding with the business of the City Council, the City Clerk, or their deputy,
shall call the roll of the members, and the names of those present shall be entered in the minutes. The
time at which any member joins or leaves a meeting after it has convened shall also be noted within the
minutes.
F. Quorum. Pursuant to City Charter, five (5) members of the City Council shall constitute a quorum at
any regular or special meeting of the City Council. In the absence of a quorum, the presiding officer
may, or at the instance of any three (3) members present, shall, compel the attendance of absent
members.
G. Summary of Minutes. At each meeting it shall be asked by the presiding officer if there are objections
or are corrections to be made to the summary of minutes of the preceding meeting as published. If there
are no objections, the summary of minutes shall be approved.
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H. Consent Agenda. The consent agenda is a tool used to streamline City Council meeting procedures
by collecting and grouping routine, noncontroversial topics into a single agenda item that can be
discussed and passed with a single motion and vote.
I. Ordinances, Resolution, and Motions. The City Council shall act only by ordinance, resolution or
motion. All legislative enactments must be in the form of ordinances, all other procedures may be in
the form of resolutions or motions. All ordinances and resolutions shall be confined to one subject,
except in case of repealing ordinances, and the ordinances making appropriations shall be confined
to the subject of appropriations.
1. Preliminary Matters.
a. Sponsorship. All ordinances and resolutions shall be introduced to the City Council in
printed or written form, either electronically or hard copy.
b. Attorney Review. All proposed ordinances shall be reviewed by the City Attorney’s
Office and bear the certification of the City Attorney that such document is in correct
form.
c. City Manager. The City Manager shall attach to each proposed ordinance a brief digest
of the provision thereof and where it is proposed to amend an existing ordinance (if
applicable). Said digest shall indicate the change sought to be made and shall also show
the name of the department or party at whose request the proposed ordinance was
prepared.
2. Ordinances. Ordinances are used primarily for legislative actions. In addition, by City Charter,
certain agreements and certain budgetary matters must be approved by ordinance.
a. First reading. At first reading a proposed ordinance is referred to as a “Council Bill.” At
second and subsequent readings it is referred to as a “bill for an ordinance.”
b. Introduction. A Council Bill may be introduced at any regular meeting, or by petition of
the people as provided by the City Charter.
c. Sponsor. If a Council Member has requested a Council Bill for an ordinance that person’s
name should appear on the ordinance as the sponsor of the Council Bill.
d. Action. At the first reading, the Council Bill will have a previously assigned Council Bill
number on the document. After a Council Bill is presented to the City Council, it becomes
an official document which must be acted upon through approval, failure to approve,
tabling, etc.
e. Amendment. After introduction and prior to voting upon approval of the Council Bill,
the Council Bill may be amended by majority vote of the City Council. A motion must
be made to amend the ordinance with the specifics of the amendment identified and stated
in the motion.
f. Voting. Every ordinance shall require an affirmative vote of the majority of all members
of the City Council for approval, even when all members of the City Council are not present
at such meeting.
g. Motion Form. Ordinances are always dealt with in the positive, therefore the action is
always a “motion to approve." The motion is never made to disapprove.
h. Publication. Upon approval, the Council Bill as adopted , including all amendments, shall
be published in full on the City’s official website, and staff may publish by title at other
locations, including only in the City’s legal newspaper. Manuals, Municipal Code,
contracts, and other documents approved by reference in any Council Bill may be
published in full on the City’s official website; such documents shall be available at the
City Clerk’s office and in the City Council meeting agenda packet when the Council Bill
was adopted.
i. Public Hearing. The City Council may set a day and hour at which the City Council, or
a committee of the City Council, shall hold an administrative public hearing thereon.
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1) Kells Rule - Second reading of an ordinance shall not be heard on the same
evening as a public hearing.
j. Bill for Ordinance. A bill for an ordinance shall be presented for approval at one
additional meeting of the City Council, which meeting must be held no earlier than seven
days after publication of the Council Bill.
k. Second Consideration. Publication dates and notice requirements may dictate that a bill for
an ordinance not come back at the next meeting of City Council.
l. Second Reading Procedure. Generally, the bill for an ordinance is presented for second
reading under the Consent Agenda. All items previously approved may be approved in a
batch, or they may be removed from the Consent Agenda. Ordinances approved under the
Consent Agenda are automatically assigned a number by the City Attorney’s Office and/or
City Clerk and are not individually read by title.
m. Consent Agenda Removal. Removal from the consent agenda does not require a motion or
vote. Those items removed are considered, individually, after all other consent agenda
items have been approved. The procedure for acting upon items removed from the consent
agenda should be to deal with the items in the same order as they appear on the agenda,
each to be debated and voted upon separately.
n. Voting After Consent Agenda Removal. Any bill for an ordinance removed from the
consent agenda is procedurally acted upon in the same manner as the initial approval
procedure.
o. Amendment on Second Reading. The City Council may amend a bill for an ordinance.
Approving an amended bill for an ordinance requires the amended bill be treated the
same as a Council Bill, requiring re-publication and an additional consideration by the
City Council as a bill for an ordinance.
p. Approval Twice. Each ordinance of the City must be presented to the City Council and
approved in the same form twice, regardless of the number of times a bill for ordinance
is amended.
q. Second Publication. After the second action to approve, an ordinance shall again be
published, by reference or in full at the discretion of the City Council, and such
publication shall be made by publishing on the City’s official website or by publication in
the newspaper designated by the City Council as the City’s official newspaper, or both.
Manuals, Municipal Code, contracts, and other documents approved by reference in any
Council Bill may be published in full on the City’s official website; such documents shall be
available at the City Clerk’s office and in the City Council meeting agenda packet when the
ordinance was adopted.
r. Summary Publication. Any publication by reference shall contain a summary of the
subject matter of the ordinance and a notice that copies of the ordinance are available at
the office of the City Clerk.
s. Referendum. The referendum period shall apply to all ordinances passed by the City
Council, except ordinances making the tax levy, the annual appropriation ordinance, or
the ordering of improvements initiated by petition and to be paid for in whole or part by
special assessments.
t. Effective Date. Except in cases of a filed referendum, all ordinances shall take effect
thirty days after publication following final passage.
3. Emergency Ordinances. Emergency ordinances necessary for the immediate preservation of public
property, health, peace or safety, must be approved in accordance with City Charter § 41.
4. Resolutions. Resolutions are used for formal approval of non-legislative measures. A resolution
is passed upon approval by a majority of the quorum present at the meeting.
5. Motions. Motions are the most common form of official action by the City Council. Motions shall
be carried out in conformance with Bob’s Rules of Order as adopted by the City Council and in
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conformance with Charter § 27. Unless otherwise dictated by applicable law or procedure, a motion
is passed upon approval by a majority of the quorum present at the meeting.
J. Addressing the City Council.
1. Verbal Communications. Formal verbal communications to the City Council as a body are allowed
only at those times provided in the Agenda of a regular meeting, including public comment and
public hearings. Interested parties may address the City Council by verbal communications on any
matter concerning the City’s business. Speakers should not expect an immediate response. Issues
raised may be referred to City staff for follow-up and reported back to the City Council.
a. Scheduled Public Comment. Any private individual who desires to appear before the City
Council on any matter other than the subject of a public hearing on the same agenda may
be scheduled to appear by advising the City Manager (or their designee) of such request
not later than 5:00 p.m. the Wednesday preceding the next regular meeting. Future
meetings may not be scheduled in advance. Scheduled public speakers shall be given up
to five minutes to present to the City Council.
b. Unscheduled Public Comment. Any person who did not make a request to address the
City Council as a scheduled speaker the week prior to such regular meeting who desires to
address the City Council on any matter other than the subject of a public hearing on the
same agenda as an unscheduled speaker shall first secure the permission of the presiding
officer to do so. Unscheduled speakers shall be limited to three minutes.
Note: The time available for unscheduled public comment may be limited to assure the
matters included in the agenda, upon which the public has been notified action is to be
considered, are completed. If unscheduled public comment time is limited, the time
available for unscheduled public comment shall be allotted in accordance with the order in
which individuals signed the list requesting to be an unscheduled speaker.
c. The timeclock allocated to speak shall start when the speaker reaches the podium.
c.d. No speaker may yield their allotted time to another speaker, or speak more than once during a
meeting’s public comment.
2. Written Communications. Interested parties may address the City Council by written
communication upon matters for consideration by sending such written communication to the City
Clerk (or their designee) for inclusion in the agenda packet not later than 5:00 p.m. the Wednesday
preceding the next regular meeting.
3. Off-agenda Topics. In conformance with Open Meetings Law, City Council members shall not
respond to community comments upon topics not noted in the agenda. During that portion of the
agenda called “Council Member’s Choice” any member of the City Council may 1) request staff
research such matter and provide such research to the City Council in the form of a “Council
Request,” 2) make a motion to bring any unscheduled matter introduced during public comment to
a future study session for study, or 3) make a motion to bring any unscheduled matter to a regular
meeting for a defined action. Following approval of the motion by a majority vote, the matter shall
be scheduled for a future meeting.
4. Manner of Addressing the City Council /Time Limit.
a. No person may address City Council or otherwise interrupt a meeting unless and until
recognized by the presiding officer.
a.b. Each person addressing the City Council shall give their name. Each speaker shall also
provide information identifying themselves as either a guest of the City, resident of the
City, business owner, or non-resident landlord. This information may be provided through
the speaker’s residential address, the major intersection nearest the speaker’s residential
address, the name of the speaker’s business, the City Council district where the speaker
resides, or the name of a city other than Englewood where the speaker resides.
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b. All remarks shall be addressed to the City Council as a body and not to any member
thereof. Remarks intended for a single member of the body should be conveyed directly
to that member through personal communication.
c. If a member of the City Council asks clarifying questions of the speaker, no person other
than the City Council member and the speaker shall be permitted to enter into the
discussion, either directly or through invitation of a member of the City Council, without
the permission of the presiding officer.
c.d. Presenters may provide City Council Mmembers with hardcopies of presentation materials,
handouts, or other written materials by providing such materials to the City Clerk in
advance of the meeting or just before they address City Council.
d.e. No question shall be asked of a City Council Member as an individual except through the
presiding officer. While City Council has no obligation to respond to questions asked
during public comment, a Council Member may respond by making a request to staff
during Council Member’s choice as described above, as the designated responding Council
Member after the close of all public comment, or if recognized and authorized by the
presiding officer.
e.f. While the First Amendment rights of all speakers are recognized and respected, and the
City does not regulate any content of public comment, all speakers shall respect the public
nature of the forum, and the purpose of the forum to conduct the business of the City, by
conveying their message to the City Council in language that avoids profanity and
expletives.
f.g. No speaker shall use fighting words or commit any acts that violate the law, such as making
or conveying threats of violence or harm, committing disorderly conduct, or attempting to
influence a public servant in violation of CRS § 18-8-306.
g.h. In order to ensure that all City Council meetings are conducted democratically and
effectively, and so that City Council and all members of the public have a full, fair, and
equal opportunity to be heard, no person shall boo, clap, yell, speak off-mic, or speak in
response to or during a speaker’s comments without being recognized by the presiding
officer.
h.i. The presiding officer shall advise any speaker of a violation of these rules; any person
interrupting a meeting may be given a verbal warning where practicable, and may be
removed from the meeting and/or prosecuted for violations of law without further warning.
K. Public Hearings.
1. Speakers. All persons desiring to be heard on a particular issue at a public hearing before the City
Council shall sign up in advance of the public hearing. They shall provide their names, addresses,
and indicate whether they are speaking for or against an issue, or are neutral. Each person on the
list will be called to the podium (or recognized virtually), and before speaking will attest/swear to
the truthfulness of the testimony presented. Speakers at public hearings are limited to the
presentation of testimony, or other evidence, upon the pending matter, and may not question others
in the room, call others to testify, or cede their time to other speakers.
2. Time Limits. The standard time limit allotted to each speaker shall be three (3) minutes, but the
presiding officer, with approval of a majority of the City Council, may modify the length of time
to be allotted to all speakers heard upon any subject.
3. Rebuttal. Following the presentations of all speakers, the petitioner, if any, will be given time for
rebuttal. Following the rebuttal of the petitioner, the presiding officer will declare the hearing
closed. After the public hearing is closed the matter is remanded to the City Council for
consideration.
4. City Council Requests. If any City Council Member wishes more information from any individual
who spoke at the hearing, they may direct questions only through the presiding officer, to the
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individual and the response solicited from the speaker by the presiding officer will be limited to the
answer of the question as stated.
5. Quasi-Judicial Hearings. Quasi-judicial hearings shall be conducted in strict conformance with the
standards set forth within the Englewood Municipal Code provisions authorizing such quasi-
judicial hearing, and E.M.C. 1-10-2-7. All other public hearings are administrative in nature and
shall be conducted in conformance with Title 1, Chapter 10 of the Englewood Municipal Code.
After opening a quasi-judicial public hearing, the presiding officer shall state into the record,
“Council members use electronic devices to access the materials relevant to the public hearing
before us. Except for the sole purpose of obtaining attorney advice to ensure legal compliance, is a
violation of this Council’s policy for these devices to be used for texting, e-mailing, internet
research, or other communications during quasi-judicial public hearings.”
L. Voting.
1. Calling the Vote. After conclusion of discussion upon a matter, or after a matter has been “called”,
the presiding officer shall call for a vote. Votes shall be indicated verbally or through operation of
voting lights or other electronic system that individually records the vote of each Council Member.
Votes shall be “Aye” or “Nay”. The City Clerk, or designee, shall read into the permanent record
the "Aye” and "Nay” votes, and shall indicate whether a measure has passed or failed.
2. Abstention. Abstentions shall be in conformance with Bob’s Rules of Order, as may be modified
by ordinance from time to time.
IV. RULES OF DECORUM
A. General. While the City Council is in session, the members must preserve order and decorum. A
member shall neither, by conversation or otherwise, delay nor interrupt the proceedings, nor the peace
of the City Council, nor disturb any member while speaking, nor refuse to obey the orders of the City
Council or its presiding officer.
1. Seating Arrangement. City Council members shall occupy their respective assigned seats in the
City Council Chamber, or any forum at which the City Council shall convene as a body.
Assignments will be made by the presiding officer. Any two or more members may exchange
seats by joining in a written notice to the presiding officer to that effect. Such notice should be
received by the presiding officer a minimum of twenty-four hours prior to the scheduled meeting.
The seat exchange shall remain in effect until the presiding officer receives appropriate written
notice of a further seat exchange. In recognition of the need to make internet viewing of City
meetings more standardized for the public, the presiding officer may request consensus approval
of a request for seat exchange if more than one seat exchange is requested by any one member
during a calendar year.
2. Personal Privilege. The right of a member to address the City Council on a question of personal
privilege shall be limited to cases in which their integrity, character, or motives are assailed,
questioned, or impugned.
3. Excusal During Meeting. No member may leave the City Council Chamber while in regular session
without permission from the presiding officer. If the presiding officer leaves the City Council
Chamber during a regular session the Mayor Pro Tem shall assume the role of presiding officer
until the Mayor’s return.
4. Obtaining the Floor/Recognition by Chairperson. Every member desiring to speak shall address
the chairperson and, upon recognition by the presiding officer, shall confine themselves to the
question under debate. The member shall hold the floor without interruption until the member
cedes the floor back to the presiding officer. The member shall cede the floor to the presiding
officer immediately upon direction of the presiding officer in conformance with Bob’s Rules of
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Order. A member who fails to abide by the directive of the presiding officer shall be deemed to
have ceded the floor, and the presiding officer may recognize another speaker.
5. Interruptions. A member once recognized shall not be interrupted when speaking except in
conformance with Bob’s Rules of Order. If a member, while speaking, is called to order for a
violation of these rules, they shall cease speaking until the question of order is determined. The
member may resume speaking upon the direction of the presiding officer. Other than to make a
privileged motion, no member of the City Council shall interrupt another member of the City
Council while such member holds the floor. If a member of the City Council is interrupted
inappropriately while such member holds the floor, the member shall request that the presiding
officer enforce the rules of decorum.
6. Dissents and Protests. Any member shall have the right to express dissent from, or protest against,
any ordinance or resolution of the City Council and may have the reason therefore entered in the
minutes. Such dissent or protest must be in respectful language and presented to the City Council
not later than the next regular meeting following the date of passage of the ordinance or resolution
in question.
B. Study Session Policy.
1. Provide Material in Advance. Material on new information must be received before study session
to allow discussion in an educated fashion. No information presented without backup material can
be presented. No decision will be made until all members have had an opportunity to review the
information.
2. Council and Citizen Requests. Requests for information from City Council members or written
response to a citizen’s concern must go through the City Manager's Office. Requests for
information made by a City Council member to staff should result in information provided to all of
members of the City Council.
3. Council Communications. During Council communications, City Council members may request a
status update as to a matter previously acted upon by the City Council. City Council members also
may request a matter be placed back upon a future agenda as a result of new information becoming
available. To place such a matter on a future agenda, the City Council must assent by consensus to
proceed.
4. Direction by Consensus. During a study session, consent by consensus may be used by the City
Council to clarify direction to the City Manager or City Attorney, or to establish procedural matters,
such as placing matters upon future agendas. Additionally, efforts to arrive at a consensus position
for the purpose of developing subsequent legislative action shall be permitted. Agreeing by
consensus to place a matter upon a future agenda, or guide the actions of City staff in crafting future
legislation, does not bind any member of the body to vote in favor of such measure when it is
brought before the body for formal action. A consensus agreement is merely a procedural step for
allowing the body to formally consider a matter.
5. Garrett Rule- A matter is not to be considered at a study session and at the formal City Council
meeting on the same evening. This is to allow the City Council time to consider all information
presented at the study session and to contemplate that information.
6. Woodward Rule- To allow full consideration of matters coming from boards and commissions,
matters will not be presented at a study session until the minutes have been approved and
submitted to the City Council.
C. Public Meeting Policy.
1. Agenda Materials.
a. Burns Rule – Information shall not be handed out at the meeting but rather shall be
distributed through the City Council Packet.
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b. Presentation of last-minute information should be avoided whenever possible. New
information related to an emergency situation should be made available to the City Council
but may be disregarded by the City Council upon a majority vote.
c. The City Manager or the City Clerk shall provide all information associated with any issue
upon the agenda to the City Council in an equal and timely fashion.
2. Consent Agenda Protocols. Members should notify the City Council through the City Manager (or
their designee) prior to a public session when they plan to remove an item from the consent agenda.
Members should contact the City Manager (or their designee) prior to the meeting whenever
possible regarding questions upon matters placed on a consent agenda on first reading. The City
Manager will forward all notices of intent to pull a matter from the consent agenda, and responses
to requests for information concerning consent agenda items, to all City Council members by 3:00
p.m. on the day of a meeting.
3. Debate Decorum. Debate occurs between and among City Council members, but should be limited
to making a point or stating a position. Redundancy, grandstanding, and personal attacks will be
addressed by the chairperson as being out of order or inappropriate. The City Council may appoint
a “Sergeant at Arms” to provide a friendly reminder of exceeding a reasonable time limit.
4. Be Gracious and Respectful at all Times. It is the responsibility of each City Council member to
display common courtesies at all times. Respect differences of opinions and perspectives. For
example: avoid interruptions, avoid personalizing the issue, avoid grandstanding, avoid
argumentative behavior including repetitive restatements of a position, and avoid filibustering.
5. Remain Silent. Do not speak without being recognized by the chairperson.
6. Interpersonal Behavior. Focus on the issue, not on the member presenting the issue. Treat each
other and each person coming before the City Council with respect.
7. Be attentive. Listen and understand before judging and making a commitment. Give a speaker your
entire attention. Shuffling papers, looking at phones, finding reasons to never make eye contact
with the speaker telegraphs to the speaker and all members of the audience that you have already
decided the matter and are disinterested in new information.
8. Take time to negotiate. As a seven-member board, things work best through consensus or
compromise. Work together as a team on issues as they relate to what’s best for the City as a whole.
9. Personality Conflicts. Personal problems or concerns with individual City Council members
should be discussed directly with that individual outside of an open meeting, and not aired in a
public forum.
10. Use of Electronic Devices during Public Meetings. City Council members use electronic devices
to access the materials relevant to the public meeting. It is a violation of the City Council’s policy
for these devices to be used for texting, e-mailing, or other communications during public meetings,
except communications with the City Attorney and/or the City Attorney’s designee regarding
matters that arise during the meeting to ensure legal compliance. Communications received during
open meetings may be subject to the Colorado Open Records Act.
[Resolution No. 44, Series of 1991
V. CITY COUNCIL DISCRETIONARY FUNDS POLICY
A. Allocation. Discretionary funds in the sum of $6001000.00 shall be allocated for each City Council
Member per annum. Those funds not used in any calendar year shall revert to the general fund.
B. Limitation on Out of State Travel. It is the intention of the City Council that discretionary funds be
used in the metropolitan area surrounding the City of Englewood. Because the City funds one out-of-
state conference per year for City Council members (see below), discretionary funds shall not be used
for additional out-of-state expenses unless approved by the City Council. An application for use of
discretionary funds for an out-of-state trip may be applied for after the fact, but if the City Council
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disapproves of the expenditure the City Council Member must return discretionary funds used during
the trip.
C. Publications. Discretionary funds may be used for the purchase of books, publications, newspapers,
or materials directly related to the responsibilities of the City Council. Materials purchased with
discretionary funds are not personal property, and shall be made available to other City Council
members on request. Materials (tapes, publications, etc.) obtained at a conference or purchased with
discretionary funds shall be made available to all City Council members and City staff on request.
D. Membership Dues. Individual memberships to an organization (service clubs, etc.) may be paid from
discretionary funds, provided the City Council member states the City-related purpose for the
membership.
E. Meals. Discretionary funds may be used for meals that are directly related to the responsibilities of the
City Council. Expenditures for alcoholic beverages shall only be as part of a meal as opposed to separate
expenditure. Where it is necessary as a part of the establishment’s policy to have separate tickets for
food and beverage purchases, compliance shall be satisfied so long as noted on the receipts by the City
Council Member.
F. Computer Supplies/Technology. Discretionary funds may be used to purchase a tablet computer,
laptop computer, printer ink, or other technical equipment to be used for City business. The computer
equipment provided to each City Council Member for use at City Council meetings, and regular
member business, shall be a standard expense of the City and not associated with City discretionary
funds. Upon leaving the City Council, members shall have the right to purchase the personal computer
equipment they utilized as City Council Member. Other technology expenses, including cellular
telephone reimbursement, are permitted. All cellular telephone numbers paid for with City funds shall
be made available to the public.
G. City Issued Credit Cards and Receipts. All expenditures made by City Council members should be
by P-card. Receipts for expenditures shall be submitted to the City Manager’s Office within one week
of incurring such expenditure. The City Manager’s Office will upload the receipts into the Purchasing
Card system. Expenditures without a correlating receipt will not be paid.
H. Reimbursements. Occasionally an expenditure may not be made through P-card. For example, cash
purchase of parking at a parking meter, or purchase at places that do not accept the card. Requests for
reimbursement require a receipt submitted within one week of the expenditure, and completion of an
expenditure form. Such expenditure form shall be uploaded into the City’s online finance reporting
system.
I. Fair Campaign Practices Act. Discretionary funds shall not be used in a manner that would violate
the Fair Campaign Practices Act or any other law.
J. Charitable Contributions. Discretionary Funds shall not be used for individual charitable
contributions as such contributions are made by the City Council as a body.
K. Constituency Communications. A member may utilize discretionary funds to communicate with
constituents, including but not limited to: mail, e-mail, faxes, newspaper inserts, posters, flyers,
banners, signs, telephone conference calls, videoconferencing, automated telephone calls, audio and
video messaging, advertisements, public service announcements and handouts, and “coffee” with a
constituent(s). If using discretionary funds, these communications should seek to improve citizen
outreach and engagement, by soliciting input, encouraging citizen participation, and generally
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providing accurate information regarding issues, events, legislation, and policies of the City of
Englewood. Use of discretionary funds must comply with the Fair Campaign Practices Act, including
its limitations on expenditure of public funds regarding ballot questions.
City Council mMember mailings/communications in direct response to mail/communications from
constituents and other stakeholders may beto requested from the City Manager’s Office one week in
advance of when the response is expected, with postage and printing provided from the City Council’s
postage and printing budget line items rather thanrequesting member’s discretionary funds.
K.L. Blackout Period. No discretionary funds shall be used in association with constituency
communications in the ninety (90) days prior to any election date upon which individuals are running
for a seat upon the City Council.
L.M. Postage Costs for Mass Mailings. City Council members may use their discretionary
funds to pay the postage associated with a mass mailing. A mass mailing is an unsolicited mailing
initiated by a member to their constituency totaling 25 or more pieces of substantially identical content,
whether such mail pieces are deposited to USPS as single pieces or in bulk, or at the same time (single
drop) or different times (cumulative) over the course of a single budget year. The term "mass mailing"
and "mass communication" do not apply to mailings/communications in direct response to
mail/communications from persons to whom the matter is transmitted, i.e., a solicited response.
1. Submission to City Manager. A copy of the document to be mass mailed must be submitted to the
City Manager (or their designee) for inclusion in the City Council packet for informational purposes
at least two weeks prior to the date of intended mailing. At such City Council meeting prior to the
mailing, the City Council may by majority vote direct the City Manager to deny use of discretionary
funds to pay the costs of the proposed mailing if such mailing is in violation of any law. Any City
Council Member commenting on such mailing at a public meeting will do so in strict compliance
with the Rules of Decorum provided in Section IV of this policy manual.
2. Mail Statement. Any mail distributed using discretionary funds will contain be clearly marked
"Mass Mail Statement", and shall include the following statement: "This mailing was prepared,
published, and mailed at taxpayer expense." The statement must appear on page one of a document
or on the address side of the envelope or mailing panel/label; must be prominently displayed; and
not be printed in smaller than a 7-point typeface.
M.N. Holiday Greetings. Discretionary funds shall not be used to send any card expressing
holiday greetings from a member, although, in an otherwise official mailing, a member may make
an incidental holiday greeting. For example, in the salutation or signature in an official mailing, the
member could say “happy holidays” or some other appropriate brief greeting. Holiday colors and
illustrations and are not considered incidental. No birthday, anniversary, wedding, birth, retirement, or
condolence messages may be sent by an individual member using discretionary funds.
N.O. Pre-stamped Envelopes. Members are not permitted to send a stamped envelope paid for
by discretionary funds to a constituent, including as part of a request to return anything from a
constituent to such member.
VI. TRAVEL POLICY
A. Approval. Each City Council Member shall formally request approval of all City-related travel thirty
(30) days prior to attendance. If a City Council Member fails to request approval by this deadline, the
member may request late approval by the City Council; any travel not approved will be at the personal
expense of the member.
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B. Documentation. The formal request shall include a summary explaining the nature of their
participation, how it will benefit or affect the City, and anticipated costs. The member shall provide
documentation and receipts to the City Manager reconciling expenditures within thirty (30) days after
their return from an event.
C. Fiscal Responsibility. Members shall make a diligent effort to be fiscally prudent in their expenditures
by purchasing lowest available air fare, securing economy hotel accommodations, and implementing
other cost saving measures whenever possible.
D. Reconciliation of Prior Travel. City Council Members will not be allowed to travel for the City until
their previous travel expenses have been reconciled.
E. Monitoring Policy. The City Council shall continually monitor travel expenditures throughout the
year.
F. Out of State Travel. A City Council Member may attend only one (1) out-of-state conference per year
at the City’s expense, unless approved by a super-majority vote of five (5) City Council members.
G. Repayment of Expenses to City. Any City Council Member who cannot travel after expenses have
already been paid may be asked to repay all or a portion of these expenses. Repayment may be withheld
from such member’s salary, if directed by a super-majority vote of the City Council.
Resolution No. 48, Series of 2014 was amended to reflect changes in Council Travel Policy publications.
VII. COMMUNICATIONS POLICY
A. Private E-mail Service. Members of the City Council are strongly discouraged from using
private e-mail services to conduct City business. Private e-mail services utilized to conduct the
business of the City shall be subject to Colorado Open Records Act. The City will not make
public on its website(s) the private e-mail address of any member of the City Council.
B. Official Custodian. The City Clerk’s Office is the official custodian of records held by the City
and may request copies of e-mails sent or received through private e-mail accounts in association
with the business of the City. In accordance with C.R.S. 24-72-202(2), "official custodian"
means and includes any officer or employee of . . . any local government-financed entity, who
is responsible for the maintenance, care, and keeping of public records, regardless of whether
the records are in their actual personal custody and control.
C. CORA Statement. All City Council members shall include a statement at the bottom of all
outgoing e-mail messages in the following form, unless otherwise required by CORA or
applicable law:
Under the Colorado Open Records Act (CORA) all e-mails to and from
City Council are subject to public disclosure, with limited exceptions. To
promote transparency, e-mails are available for review upon request. E-
mails which contain “private” in the subject line of the e-mail will not be
automatically available to the public, however, the City of Englewood
can't guarantee that e-mail to or from Council marked “private” will
remain private under CORA.
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D. E-mail Communications.
1. E-mail deliberation between three or more elected officials concerning public business
and/or pending legislation are declared to be a public meeting under the Colorado Open
Meetings Law and are prohibited.
a. Chain communications are prohibited, i.e. deliberative communication between an
elected official and another member of the body, upon the same matter as was
previously communicated upon in a deliberative manner with a different member of
the City Council.
b. City Council members shall not “reply all” to any communication received by such
City Council member that was also sent to two or more other members of the City
Council.
c. City Council members shall not copy and paste a communication received from
another City Council member regarding a matter of City business and distribute such
communication to another member(s) of the City Council.
2. The following e-mail communications from or to an elected official or officials are
permitted:
a. Communication or deliberation from or to the City Manager, the City Attorney, or
community members.
b. Deliberation between fewer than three elected officials in which other elected
officials are not copied and which are not forwarded to other elected officials.
c. Communication between elected officials that does not include deliberation related
to pending legislation or other public business.
d. “Deliberation” means the discussion and/or exchange of viewpoints and opinions
on a subject. It specifically does not include the distribution, but not discussion, of
information.
E. Retention Policies Applicable to E-mail Communications.
1. E-mail communications of elected officials may be considered public records under the
Colorado Open Records Act. The City’s Records Retention Schedule applies to e-mail
communications in the same manner as other records.
2. Certain types of correspondence are expressly not a public record, including that which is a
“work product,” as well as correspondence that is “without a demonstrable connection to the
exercise of functions required or authorized by law or administrative rule and does not
involve the receipt or expenditure of public funds”. Examples include drafts and worksheets,
desk notes, copies of materials circulated for informational “read-only” purposes, and other
records with preliminary or short-term informational value. These e-mails should be deleted
as soon as they are read and are no longer useful.
3. Correspondence of elected officials designated as a public record fall into one of two
categories:
a. Enduring Long-Term Value: Documentation or correspondence with enduring and
long-term administrative, policy, legal, fiscal, historical or research value; records
that relate to policy issues and actions or activities in which an important precedent
is set; records of historic events relating to the municipality or the community; and
other similar records and documentation. The retention period for these records is
permanent.
b. Routine Value: Operating documentation that is routine and contains no significant
administrative, legal, fiscal, historical, information or statistical value. Includes
routine communications sent and received, communications containing duplicates
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of information that is filed elsewhere, routine requests for information, transmittal
documents, etc. The retention period for these records is two years.
F. E-mail Management Policy. In order to ensure that the e-mails of elected officials are properly
managed, the following e-mail management policy should be followed:
1. All e-mails sent to or from an elected officials’ e-mail account will be automatically
archived.
2. Archived e-mails will be managed according to the City’s retention policy by the City Clerk.
3. Original e-mails in the elected officials’ e-mail accounts may be saved or deleted as the
elected official finds most useful.
VIII. COUNCIL VACANCIES
A. Resignation of a City Council Seat. An individual may choose to resign a seat on the Englewood City
Council. As the Englewood City Charter does not establish procedures for resignation of a City Council
seat, resignations shall be addressed by the remaining members of the City Council and staff in
accordance with this policy.
B. Vacancies. Certain situations mandate vacating a City Council seat. City Charter § 23 prohibits
members of the City Council from dual office holding. City Charter § 28 provides that an elective
office shall become vacant whenever any officer becomes incapacitated, or if a City Council Member
shall remove from or become a non-resident of the district from which elected during the term of their
office.
C. Vacancy created by Mayor. If the City Council Member serving as Mayor resigns from the City
Council or creates a vacancy by reason of becoming a non-resident of the district from which elected,
a vacancy in the City Council position is created and a separate vacancy is created in the Office of
Mayor. The remaining City Council members shall elect a new Mayor at any time from the point that
the vacancy occurs in conformance with the Englewood City Charter. The City Council may wait until
the new City Council Member is installed before electing a new Mayor. If that should occur, then the
Mayor Pro Tem will fulfill the functions of the Mayor until a new Mayor is elected.
D. Date of mandatory vacation of office. A seat must be vacated at the same time as the cause for the
vacancy occurs. For example, if a City Council Member is elected to another office, merely qualifying
to take the second office does not constitute a vacation of the first office. Vacancy in the first office
occurs only upon actual assumption of the duties of second office or resignation from the first office.
E. Procedure for Selecting a Successor.
1. In case of a vacancy, the remaining City Council members shall choose, by majority vote and within
thirty days after such vacancy occurs, a duly qualified person to fill such vacancy.
2. At the direction of a majority of the City Council, the City Manager shall advertise the vacancy and
make available an application for City Council Member appointment. Such application shall be
made available on-line, or may be requested at the Office of the City Clerk. Copies may be mailed
to interested applicants if such applicant provides a stamped and self-addressed envelope to the
City Clerk.
3. The City Council shall call a special meeting to interview all candidates no less than one week
before the regular City Council meeting where the appointment is scheduled to occur. The
interviews shall be open to the public but the public shall not participate in the interview process.
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The interviews shall be recorded, archived, and retained in the same manner as other City Council
special meetings. There shall be no ver batim minutes taken of the interviews.
4. If the City Council does not fill the vacancy by appointment within thirty (30) days after the
vacancy occurs as required by the City Charter, it shall order an election, subject to the municipal
election code, as soon as practicable to fill the vacancy until the term of office of a successor elected
at the next regular election has commenced. See C.R.S. 31-4-108.
F. Term of Successor. The successor shall serve until their successor is elected for the remainder of the
term at the next ensuing general municipal election and such individual has been duly qualified.
G. Multiple vacancies. If three or more vacancies exist in the City Council simultaneously, such
vacancies shall be filled for the respective unexpired terms at a special election.
IX. ELECTRONIC PARTICIPATION
A. Purpose. The purpose of this City Council Policy is to specify the circumstances under which a
member of the City Council, any member of a City board, commission or committee (collectively
“board”),, City staff, and the public may participate in regular and special meetings, quasi-judicial
proceedings, and executive sessions by telephone, online conferencing methods, video conferencing,
or other electronic means (“electronic participation”). With advancements in communication and
videoconference equipment and capabilities, electronic meeting participation has become wide-spread
within many local governments. However, electronic participation has inherent limitations because
electronic participation is subject to internet bandwidth limitations, technological difficulties, and may
preclude an elected or appointed member City Council Member from viewing documentary
information presented during meetings, from fully evaluating a speaker's non-verbal language in
assessing veracity or credibility, and from observing nonverbal explanations (e.g., pointing at graphs
and charts) during a speaker's presentation or testimony. In addition, electronic participation during
executive sessions prevents the City from ensuring compliance with state law regarding confidentiality
of matters discussed. The City Council finds that these limitations inherent in electronic participation
may produce inefficiencies in meetings, increase the expense of meetings, and may undermine the
decision-making process.
B. Statement of Policy. Members of the City Council, appointed member of a board, City staff, and the
public may electronically participate in meetings of the City Council or City board only in accordance
with this Policy. Electronic participation shall be made available and shall be limited as follows:
1. Electronic participation at regular meetings is intended to be an infrequent or occasional
substitution for physical attendance by members of the City Council, members of a board, the City
Manager, the City Attorney, City board staff liaisons, and the City Clerk. Electronic participation
encourages participation in City government by citizens, and therefore members of the public and
City staff members (except those specifically described above, whose in-person attendance is
preferred) may electronically participate in all City Council meetings open to the public.
2. The preferred method of electronic participation is through videoconference with the camera on
but microphone muted, except when the participant is actually speaking. This allows the
participant to hear, speak, and see presentations during the meeting.
3. Electronic participation must permit clear, uninterrupted, and two-way communication. The City
Council or a City board may discontinue the use of electronic participation by one or more
participants during a meeting where the participation results in delays or interference in the meeting
process; e.g., where the connection is repeatedly lost, the quality of the connection is unduly noisy,
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or the participant is unable to hear speakers using a normal speaking voice amplified to a level
suitable for the meeting audience in attendance.
3.4. Despite the foregoing, a majority of voting members may designate meetings where no action will
be taken (such as study sessions) to be held electronically rather than in person.
C. Procedures. To arrange to participate electronically, a participant shall:
1. Complete the City on-line form for electronic participation or contact the City Clerk or City staff
liaison to arrange for electronic participation and receive electronic participation directions, which
may include call-in instructions, a link to participate by videoconference, or otherwise. All City
Council members or City board members shall endeavor to advise the City Clerk or staff liaison of
their intent to participate electronically, along with the reason for the in-person absence, at the
earliest possible time and not less than three (3) business days prior to the requested participation.
2. Log in and/or call in at the designated time, pursuant to directions received from the City Clerk or
City staff liaison.
D. Quorum. Electronic participation shall constitute actual attendance for purposes of establishing a
quorum or for any other purpose, even during quasi-judicial proceedings. Despite the foregoing, a
majority of an appointed board or at least four members of the City Council must be physically present
and in-person at every City Council meeting where action will be taken, unless the presiding
chairperson Mayor (or Mayor Pro Tem in the Mayor’s absence) calls an electronic participation
meeting at which a majority of a quorum of City Council or the board present declares an in-person
meeting by at least four Council Members is not feasible due to emergency (such as a public health
crisis, weather, natural disaster, or other similar circumstance) (hereafter an “approved fully-electronic
meeting”).
E. Chairperson. The chairperson of all City Council meetings shall be a person physically present at the
meeting where action will be taken, except at a meeting called to consider whether to approve a fully-
electronic meeting and at an approved fully-electronic meeting.
F. Executive Session. No one may electronically participate in executive session, except at an approved
fully-electronic meeting. Any City Council or board member that was unable to attend an executive
session may review the audio recording at the City Clerk’s Office, within 90 days of the executive
session. If executive session is held during an approved fully-electronic meeting, to ensure the
confidentiality of matters presented, each City Council or board Member electronically participating
shall verbally confirm that no third party is in the member’s presence, such that they could see and/or
hear the contents of the executive session.
X. PERSONNEL
A. Annual Evaluation of City Officers. The City Council shall evaluate the performance of the
City Manager and City Attorney at least annually, or as otherwise required by contract. The annual
(and any additional) performance evaluation shall provide the City officer with information to
allow such officer to act in conformance with the goals and expectations of the City Council.
1. Annual Wage Adjustment. The City Manager and City Attorney shall receive an annual wage
adjustment as set by formal action of the City Council.
2. Timeline/Procedure. The job performance of the City Manager and City Attorney, officers of
the City, are typically evaluated annually in accordance with the terms of their employment
contracts. The City Council will participate in a review of each officer and will be afforded the
opportunity to provide comments and feedback on performance and process. The Human
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Resources Director may assist the City Council as requested. If the information is compiled
in written format, the applicable officer will be given a copy of the written review and will
meet in executive session with the City Council to go over the review, discuss any points of
concern and develop performance measures/job directives for the subsequent year.
2.3. Additional evaluations. City Council may schedule additional evaluations or performance
reviews of the City Manager and/or City Attorney to, among other things, provide guidance
and feedback on performance, goals, and projects.
3.4. Meeting with City Officers. At least one time per year, the City Council will meet with the
City Attorney in executive session for attorney client privilege. The City Attorney shall
present an annual report of activities and legal services rendered by the City Attorney’s office
and any outside legal counsel.
B. Municipal Court Judge/ Municipal Court Budgetary Review. The Municipal Court Judge of
the City of Englewood, as an elected official, shall meet annually with the City Council to discuss
budgetary matters for the municipal court. The Municipal Court Judge, in coordination with the
City Manager and the Human Resources Department, shall conduct an annual salary survey of
similar highest-ranking judge of courts of comparable operations located within the Denver
metropolitan area. The Municipal Court Judge shall provide the list of comparables to the City
Manager and Human Resources for completion of the survey. The City Council shall annually
determine the appropriate compensation for the Municipal Court Judge by resolution after
consideration of the annual survey but prior to the end of the calendar year. The Municipal Court
Judge shall be invited to participate in any such discussions which shall take place in open session.
XI. AGENDA SETTING
A. Mayor/Manager Meeting. The Mayor and Mayor Pro Tem shall meet with the City Manager
weekly, or as often as shall be necessary, to set the agenda for regular meetings, special meetings,
and study sessions.
B. City Manager: Authority to Set Agenda Items. The City Manager through the course of
managing city business and under direction of the City Council puts forth agenda items that ensure
the efficient and uninterrupted services that residents expect and depend upon.
C. City Council Members: Authority to Set Agenda Items. City Council members may submit
requests for agenda items during their Council Communication at the end of any regular meeting
or study session of the body. If a consensus of members agree that such matter should be placed
upon an upcoming agenda, the matter will be scheduled for an appropriate City Council meeting
within thirty days of the date of the request or within a reasonable time thereafter, if thirty days is
not practicable for complex matters. If the body does not reach consensus to place such matter on
an upcoming agenda, the requesting member may either choose not to pursue such request or may
submit a written request to the City Clerk. The written request shall provide at a minimum a
description of the request, the goal or objective that the request aims to fulfill, and a self-
assessment as to the urgency of the matter. The City Clerk shall provide such request to the City
Manager who will provide such request to the Mayor and Mayor Pro Tem to schedule such matter
accordingly.
D. Proclamations.
1. Requesting a Proclamation. Proclamations may be requested by: City Council members;
individual community members; community organizations; City staff; and/or
regional/national organizations.
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2. Pre-Approved Proclamations. At or prior to the beginning of each calendar year, City
Council will hold a study session to review proposed proclamations for the current year and
will, based on past proclamations, by consensus create a list of priority proclamations City
Council anticipates will be approved in the coming year. These pre-approved proclamations
will be on the designated meeting agenda, and unless at least four City Council members
voice an objection when the proclamation is presented, the proclamation will be read into
the record without additional City Council action.
3. Process to Request Other Proclamations. For proclamations other than pre-approved
proclamations, eligible parties may submit a proclamation request through an electronic
proclamation request form. For those without access to a computer/the internet, requests
may be submitted in writing to the City Clerk’s Office. Requests must include: contact
name; address; city, state, and zip code; phone number; e-mail address; proclamation title;
name of individual who will present the proclamation; date to be printed on the
proclamation; and proclamation text, including whereas statements and therefore statements.
i. Proclamation Timeframe. Proclamation requests should be submitted at
least three weeks before the start of the day/week/month being recognized.
Every attempt will be made to ensure that proclamations are issued just
before or at the very beginning of the time period being recognized.
ii. Reasons for a Proclamation. Proclamations should be utilized to
meaningfully celebrate persons, groups, and events with specific intended
actions. They may be requested for the following reasons: recognition of a
local event; to honor persons or groups who impact the City of Englewood;
regionally, state-wide, or nationally recognized events or activities with
local interest; to bring public attention to an issue or opportunity important
for the community overall; and/or to declare a policy stance as a City.
iii. Proclamation Review Process. The review process will include:
1. Proclamation requests pursuant to this policy may be made
throughout the year;
2. Requests will be received and reviewed by the City Clerk’s Office
to ensure (through a checklist) that all requirements of this policy
are met;
3. If policy requirements are met, the draft proclamation will be sent
to the City Council for feedback and concerns to be expressed
during Council Members’ Choice the week before inclusion on the
City Council Agenda; and
4. If there is no consensus when discussed during Council Members’
Choice, the proposed proclamation will not move forward. If there
is a consensus, the proclamation will be placed on the next agenda
of the City Council regular meeting, and treated as a pre-approved
proclamation for purposes of reading into the record pursuant to the
provisions above.
XII. ADMONITION AND CENSURE OF COUNCIL MEMBERS
A. Policy of Legal Compliance. City Council members shall abide by federal and state law, City
ordinances, and City policies, including Colorado Constitution Article XXIX Ethics in
Government, C.R.S. § 24-18-109 Rules of conduct for local government officials and employees,
and Englewood Municipal Code Title 1, Chapter 11 Code of Ethics. Violations of such law or
policy undermine the public trust, and the effectiveness of City Council as a whole. Depending
on the circumstances of alleged violations of law or policy, the Council may initiate an
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investigation of allegations prior to the filing of a request for any of the actions described in this
policy. Nothing in this policy, however, shall preclude individual Council Members from making
public statements regarding such alleged conduct or taking other actions authorized by law.
This policy is not intended to replace, delay or otherwise impede any concurrent investigation
from any other body or agency. Therefore, at any point during any of the processes described in
this policy, the Council (or any member thereof) may refer the matter for investigation to the
Englewood Police Department, Arapahoe County District Attorney, the Colorado Independent
Ethics Commission, and/or other appropriate agency. Such a referral does not impact any action
the Council may undertake under this policy.
B. Authorized Actions by City Council. While City Council has broad discretion in deciding
actions it may choose to take in response to violations of law or policy, this policy provides
definitions and procedures related to two types of action: admonition and censure. This policy
does not limit or otherwise affect any other potential City Council action.
1. Admonition. An admonition is typically directed to all members of City Council,
reminding them that a particular action or type of behavior is in violation of law or City
policy or is otherwise inappropriate for a member of City Council, and that, if it occurs or is
found to have occurred, could make a member subject to censure or other further action. An
admonition may or may not be issued in response to a particular alleged action or actions.
An admonition may be issued by City Council prior to any findings of fact regarding
allegations, and because it is a warning or reminder, would not necessary require an
investigation or separate hearing to determine whether the allegation is true. An admonition
also may criticize a specific Council Member’s conduct. The right to criticize is protected
by the First Amendment, and therefore an admonition may be made individually by a
Council Member during Council Member’s Choice, or formally issued by City Council if
approved by motion as a scheduled agenda item.
While an admonition generally is verbal and memorialized only in the minutes of a meeting,
an admonition may be in writing and included in the meeting record.
2. Public Censure. Censure, specifically authorized by EMC 1-11-9(B), is an official
reprimand or condemnation made by City Council in response to specified conduct by one
of its own members. Censure is disciplinary in nature, and requires the formal adoption of a
Resolution setting forth the Council Member’s alleged violations of law and/or policies. A
Resolution of Censure may require a Member to recuse themselves from a vote in which
they are found to have a personal/private conflict of interest.
Censure may require an investigation and/or public hearing pursuant EMC 1-10-2-7 prior to
issuance, and must protect the due process rights of the Council Member. In order to protect
Council Members from unfounded allegations and/or defamatory claims/actions, upon
direction of four or more Council Members, allegations may be investigated administratively
to determine probable cause prior to inclusion on a Council agenda.
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If a formal censure action is placed on a Council agenda, the City Clerk shall provide notice
of the action to the subject Council Member. The notice shall describe the specific
allegation(s) upon which the proposed censure is based. Upon request by the subject Council
Member, City Council shall schedule a quasi-judicial hearing to receive evidence and weigh
testimony prior to consideration of a Resolution of Censure. The subject Council Member
has a conflict of interest, and therefore can only participate as the subject of the quasi-judicial
hearing and proposed Resolution, and not as a fact-finding Council Member in the hearing,
deliberation, or Resolution issuance.
Censure carries no fine or suspension of the rights of the Council Member as an elected
official but a censure is a punitive action that serves as a public notice of wrongdoing.
XIII. GRANT APPLICATIONS POLICY
City staff has a long and successful history of applying for, and obtaining, grant awards to fund City
operations and special projects. Applying for a grant, and then refusing to accept a grant award
however, may impair the City’s ability to obtain similar grant awards in the future. Therefore, City
Council considers and evaluates the following grant applications prior to submission: an application
that binds the City to take future action/spend its own funds if the grant is awarded; grants in excess
of $100,000; grants likely to be contentious or controversial within the community or among City
Council members; if the failure to accept a grant award would likely negatively affect the success of
a future grant application; grants that require City Council approval prior to application; or any other
application requested for prior review and approval by City staff.
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