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2024-08-05 (Regular) Meeting Agenda Packet
Please note: If you have a disability and need auxiliary aids or services, please notify the City of Englewood (303- 762-2405) at least 48 hours in advance of when services are needed. 1000 Englewood Pkwy - Council Chambers Englewood, CO 80110 AGENDA City Council Regular Meeting Monday, August 5, 2024 ♦ 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. Budget Advisory Committee(BAC) Chair Peter Eckel, and members of BAC will be present to discuss the Budget Advisory Committee 2024 Annual Report. 6:00 p.m. - 7:00 p.m. Information and Direction Presentation: 30 minutes Discussion: 30 minutes 1a 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 July 22, 2024. 5a documents 6. Appointments, Communications, Proclamations, and Recognition 7. Recognition of Scheduled Public Comment 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. Kevin Wright, an Englewood resident, will address Council regarding ethics. b. Jan Weipert, 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 please visit: Zoom to Page 1 of 403 Englewood City Council Regular Agenda August 5, 2024 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. 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. the day after the meeting. This is an opportunity for the public to address City Council. There is an expectation that the presentation will be conducted in a respectful manner. Council may ask questions for clarification, but there will not be any dialogue. Please limit your presentation to 3 minutes. Council Response to Public Comment. 9. Consent Agenda Items a. Approval of Ordinances on First Reading i. CB-33 An eligible government entity agreement needs to be signed with the Colorado Statewide Internet Portal Authority (SIPA) in order to apply for a SIPA Grant 9ciii documents Staff: Lucia Magnuson, and IT staff b. Approval of Ordinances on Second Reading. i. CB-19 Assignment to City and County of Denver of the City of Englewood 2024 Private Activity Bond Allocation 9bi documents Staff: Director of Community Development Brad Power, Economic Development Manager Darren Hollingsworth, and Eric Hecox, Shea Properties ii. CB-21 Amendment to the Intergovernmental Joint Cooperation Agreement and Home Investment Partnerships Consortium Agreement between Arapahoe County and City of Englewood for Grant Years 2025-2027 9bii documents Staff: Department Administrator Nancy Fenton, and Arapahoe County Community Development Administrator Jeremy Fink iii. CB-27 Intergovernmental Agreement (IGA) with Arapahoe County for Emergency Management Services 9biii documents Staff: Deputy City Manager Tim Dodd iv. CB-28 City Ditch License Agreement with Corah Enterprises, L.L.C. for rights and obligations within the City Ditch Right-of-Way at 3650 South Cherokee Street and Page 2 of 403 Englewood City Council Regular Agenda August 5, 2024 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. Consent to Assignment of License Agreement to prospective purchasers. 9bvi documents Staff: Deputy Director of Business Solutions and Engineering Sarah Stone and outside legal counsel and customer. v. CB-29 Intergovernmental Agreement (IGA) with the City of Littleton for a shared green business program 9bv documents Staff: Deputy City Manager Tim Dodd, and Sustainability Program Manager Melissa Englund c. Resolutions and Motions i. Removal of a Code Enforcement Advisory Committee Regular Member for lack of attendance 9ci documents Staff: Deputy City Clerk Sara Harkness ii. Approval of the EEA collective bargaining agreement 9cii documents Director of Human Resources Shawn Weiske 10. Public Hearing Items 11. Ordinances, Resolutions and Motions a. Approval of Ordinances on First Reading b. Approval of Ordinances on Second Reading i. CB-20 Development Impact Fees 11bi documents Staff: Deputy City Manager Tim Dodd ii. CB-25 November ballot question removing the GO Bond voting restrictions in Charter, to allow voters to consider bond issues under TABOR 11bii documents Staff: City Attorney Tamara Niles iii. CB-26 A proposed November ballot question regarding ranked choice voting for Englewood's elected officials 11biii documents Staff: City Clerk Stephanie Carlile, and Assistant City Attorney Sergio Renteria iv. CB-30 Calling Special Election, Authorizing Agreement, and setting Parks Bond Ballot Question for November Election 11biv Staff: Director of Parks, Recreation, Library and Golf, Christina Underhill, and Deputy Director of Parks, Recreation, Library and Golf, Brad Anderson Page 3 of 403 Englewood City Council Regular Agenda August 5, 2024 Please note: If you have a disability and need auxiliary aids or services, please notify the City of Englewood (303- 762-2405) at least 48 hours in advance of when services are needed. c. Resolutions and Motions 12. General Discussion a. Mayor's Choice i. Executive Session for the purpose of discussing specialized details of security arrangements for future City Council meetings, as authorized by CRS § 24-6- 402(4)(d). b. Council Members' Choice 13. City Manager’s Report 14. Adjournment Page 4 of 403 STUDY SESSION TO: Mayor and Council FROM: Peter Eckel DEPARTMENT: Finance DATE: August 5, 2024 SUBJECT: Budget Advisory Committee 2024 Annual Report DESCRIPTION: Budget Advisory Committee 2024 Annual Report RECOMMENDATION: Chair Peter Eckel, Vice Chair James Horan and members of the Budget Advisory Committee (BAC) are present to review the 2024 Budget Advisory Committee Annual Report. During the discussion, the BAC welcomes comments, questions and further City Council direction for the 2025 Annual Report. SUMMARY: The Budget Advisory Committee was established in 2013 by Ordinance No. 16, Series 2013. Provided below are a few excerpts from the Englewood Municipal Code Title 2-Boards and Commission Chapter 14-Budget Advisory Committee highlighting the BAC's purpose and powers and duties. 2-14-1: - Purpose. The Budget Advisory Committee (BAC) is established by Council and the City Manager to advise the City on the development, implementation, and evaluation of the annual City Budget. Participation in Budget Advisory Committee is an opportunity not only to advise on the prioritization of how City tax dollars are spent, but also to advise policymakers in their decision-making process in an open and transparent process. 2-14-5: - Powers and Duties. The Budget Advisory Committee shall have the following powers and duties. E. The Budget Advisory Committee may submit annually to the City Manager, not less than ninety (90) days prior to the submission of the budget, a list of recommended capital improvements, arranged in order of preference, which in the opinion of the Committee, are necessary or desirable to be constructed during the forthcoming five-year period. F. Once the budgets have been reviewed and have incorporated requests for new programs and/or personnel authorized by the City Manager, the Budget Advisory Committee shall submit a written report of its findings and recommendations (BAC Report) at least annually. Page 5 of 403 G. In addition to those reports set forth in subsection F above, the Budget Advisory Committee may, as deemed necessary by the BAC, submit to the City Council a short report detailing specific issues reviewed by the BAC. Over the past year, the BAC has met with each of the city departments using a revised presentation format. Department budget presentations focused on how their programs and services impact the city's goals and how those goals linked to the city's following outcomes/results: Community Engagement - Vibrant, engaged and connected neighborhoods as part of the Englewood community Community Wellbeing - A city that provides satisfying opportunities for the vitality, enrichment, welfare, and happiness of the community Economy - A city that that retains and supporting existing businesses while attracting and promoting new business ventures Governance - A city government that serves the community by being efficient, effective, accountable, and adaptable Infrastructure - A city that proactively and in a cost-effective manner invests in, maintains, improves and plans to protect its infrastructure Safety - A city that protects and serves the community and its people with professionalism and responsiveness Sustainability - A city that stewards its resources for the benefit of current and future generations Transportation - A city that proactively and in a cost-effective manner invests in, maintains, improves and plans to protect its infrastructure The department presentations content contained the following sections: Outcome Overview Department Overview 2023 Funds Returned to Fund Balance 2023 Major Accomplishments Challenges Faced Top Three Capital Priorities The BAC also fulfilled its duty pertaining to capital projects view by submitting it's recommendation for capital projects to be included in the city's 2025 Capital Improvement Plan (CIP). In December 2022, City Council designated the BAC as the "Citizen Committee" to review the Police Department and the Public Works Department expenditures related to the 2023 0.3% dedicated Sales and Use Tax increase as authorized by the Englewood voters on November 8, 2022. This increase changed the Englewood local tax rate from 3.5% to 3.8%. Following is the ballot language for the 0.3% Sales and Use Tax increase: QuQuestion 1: SHALL CITY OF ENGLEWOOD TAXES BE INCREASED NOT MORE THAN $1,957,596 ANNUALLY BEGINNING JANUARY 1, 2023 AND BY SUCH AMOUNTS AS ARE RAISED ANNUALLY THEREAFTER BY AN ADDITIONAL SALES AND USE TAX OF 0.2 PERCENT (OR AN INCREASE OF APPROXIMATELY 1/5 OF ONE CENT PER DOLLAR SPENT, TO THE Page 6 of 403 CURRENT SALES AND USE TAX RATE OF 3½ CENTS PER DOLLAR SPENT), EXCLUDING THE SALE OF FOOD FOR DOMESTIC HOME CONSUMPTION, TO FUND: • REPAVING, REPAIRING, MAINTAINING, AND IMPROVING CITY STREETS AND ROADS WITH ALL SPENDING OF SUCH REVENUES REPORTED IN THE CITY’S ANNUAL INDEPENDENT AUDIT PUBLISHED ON THE CITY’S WEB SITE AND REVIEWED BY A CITIZEN COMMITTEE; AND SHALL THE RESULTING REVENUE AND INVESTMENT EARNINGS THEREON BE ALLOWED TO BE COLLECTED, RETAINED AND SPENT BY THE CITY NOTWITHSTANDING ANY LIMITATIONS OF ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION OR ANY OTHER LAW? Yes______ No_____ Question 2: SHALL CITY OF ENGLEWOOD TAXES BE INCREASED NOT MORE THAN $978,455 ANNUALLY BEGINNING JANUARY 1, 2023 AND BY SUCH AMOUNTS AS ARE RAISED ANNUALLY THEREAFTER BY AN ADDITIONAL SALES AND USE TAX OF 0.1 PERCENT (OR AN INCREASE OF APPROXIMATELY 1/10 OF ONE CENT PER DOLLAR SPENT, TO THE CURRENT SALES AND USE TAX RATE OF 3½ CENTS PER DOLLAR SPENT), EXCLUDING THE SALE OF FOOD FOR DOMESTIC HOME CONSUMPTION, TO FUND: • ALTERNATE POLICING SERVICES TO ADDRESS MATTERS INCLUDING HOMELESSNESS, MENTAL HEALTH, AND ADDICTION 3 WITH ALL SPENDING OF SUCH REVENUES REPORTED IN THE CITY’S ANNUAL INDEPENDENT AUDIT PUBLISHED ON THE CITY’S WEB SITE AND REVIEWED BY A CITIZEN COMMITTEE; AND SHALL THE RESULTING REVENUE AND INVESTMENT EARNINGS THEREON BE ALLOWED TO BE COLLECTED, RETAINED AND SPENT BY THE CITY NOTWITHSTANDING ANY LIMITATIONS OF ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION OR ANY OTHER LAW? Yes______ No_____ During the June meeting, the BAC Members reviewed the 2023 expenditures related to the dedicated 0.3% Sales and Use Tax increase with the Public Works Department and the Police Department. $1,957,596 - Public Works Department 2023 annual expenditure total related to the 0.2% Sales and Use Tax Increase $ 978,455 - Police Department 2023 annual expenditure total related to the 0.1% Sales and Use Tax Increase $2,936,051 - Total 2023 annual expenditure total related to the 0.3% Sales and Use Tax Increase COUNCIL ACTION REQUESTED: City Council is asked to provide feedback regarding the annual report and provide topics for the BAC to research for the 2025 annual report. FINANCIAL IMPLICATIONS: N/A CONNECTION TO STRATEGIC PLAN: Page 7 of 403 The Budget Advisory Committee Annual Report ties directly or indirectly to the following eight city outcomes/results: Community Engagement, Community Wellbeing, Economy, Governance, Infrastructure, Sustainability, Safety, and Transportation. ATTACHMENTS: 2024 BAC Annual Report Page 8 of 403 City of Englewood, Colorado Budget Advisory Committee 2024 Annual Report Submitted on July 29, 2024 Committee Members: Peter Eckel, Chair James Horan, Vice Chair Suzanne Dircksen Nevan Von Hortenau Mandel Bill Lesage Jay Knight Laura Cooper Page 9 of 403 Introduction The past year has seen significant changes for the Budget Advisory Committee (BAC). One member, Josh Newel, departed the Committee in autumn of 2023 and alternate member, Jay Knight, transitioned from alternate member to regular member status. He was succeeded in the alternate role by Nevan Mandel joining the Committee. Spring of 2024 marked the end of the tenure for longtime member (including former Chair and Vice-Chair), Suzanne Dirksen. She was succeeded by Nevan Mandel. The Committee is extremely grateful for Newel’s and Dirksen’s service as volunteers and members of the BAC and for the City of Englewood, and likewise welcomes Laura Cooper as the new alternate member to serve on the BAC. The committee elected Peter Eckel as Chair, and James Horan, in the role of Vice Chair for 2024- 2025. For a third year in a row, the BAC engaged in the capital improvement project (CIP) planning process, including Committee recommendations for 2024-2025 Capital Projects. The BAC was pleased to once again engage in this process this year for projects planned for the upcoming fiscal year. Due to the timing of City Council’s consideration and approval of capital improvement preceding the issuance of this report, the contents of this report will not reference the Committee’s recommendations directly, but may reference them as part of its overall budget priorities. Also of note, for the first time ever, the BAC reviewed the audited expenditures presented by the Public Works Department and Englewood Police Department in association with the sales and use tax measures approved by voters in 2022. In the interest of providing continuity with the Committee’s recommendations to City Council, last year’s report included a focus on the following: ● Funding: Debt and Alternatives - Including Municipal Bonds, Sales and Use Tax and/or Mill Levies ● Expanded and Improved Partnership with the BAC - Including Project Updates, Housing Affordability, Downtown Redevelopment, Energy Usage Audit, City Diversity, Equity and Inclusivity (DEI) Initiative, Future Bond Issuance and Use of Reserve Funds ● Employer of Choice This year’s report retains focus on some of these areas while also highlighting new areas of focus. The Committee encourages continued and sustained progress in areas identified last year while also focusing on these new areas. As will be outlined in this year’s report, the BAC focused on the following priority areas for the upcoming fiscal year: ● Reserve Policies ● Parks and Recreation Bond Proposal ● Sales and Use Tax ● Sales and Use Expenditure Review ● Traffic Planning ● Information Technology Network Page 10 of 403 In compiling this report, the BAC greatly appreciates the opportunity to have met over the past year with the following city departments: the City Manager; the City Attorney; Human Resources (HR); City Clerk; Municipal Courts; Utilities; Englewood Police; Information Technology (IT); Communications; Public Works; Parks, Recreation Library and Golf; Finance; and Community Development (including partnership with the Englewood Downtown Development Authority). Reserve Policies In August 2022, the Englewood City Council adopted an amended Reserve Policy and Investment Policy incorporating an unrestricted reserve range of 12.0 percent to 21.4 percent, which may be based on operating revenue or expenditures, depending on whichever is more predictable. These changes were informed by recommendations from this Committee, the Englewood City Staff, and the Government Finance Officers Association (G.F.O.A.). This new reserve policy gives Council the flexibility to adapt to the City’s needs by growing the size of the reserve during an economic upturn or spending funds to maintain continuity of operations and ensure consistent and high-quality public services even during an economic downturn. The unrestricted reserve cannot dip below 12.0 percent or grow beyond 21.4 percent without City Council re-amending the City’s Reserve Policy and Investment Policy. Prior to these changes, the City’s Reserve Policy and Investment Policy set the unrestricted reserve at 16.7 percent of either operating revenue or expenditures with no official mechanism to grow or shrink the reserve. Under this policy, any growth or expenditure of the reserve would result in a lack of policy compliance. 16.7 percent of revenue is approximately 2 months of the City’s operations and was influenced by a G.F.O.A. recommendation that general purpose governments maintain aggregate unrestricted fund balances in their general fund of no less than 2 months of regular general fund operating revenues or expenditures. While that the Reserve Policy and Investment Policy adopted in 2022 gives Council the ability to adjust the unrestricted reserve based upon the City’s economic state, since adopting the policy, little has been done to adjust the reserve rate and the unrestricted reserve remains at approximately 16.7 percent of operating revenue. Despite its potential as a tool to better adapt the reserve to the economic needs of the City and build reserves during times of relative economic security, the current policy has failed to adequately define when and how the reserve will be adjusted, and therefore has remained static. The Committee asks the City Council to consider the adoption of a policy that would adjust the unrestricted reserve by a set percentage based upon an established set of criteria. Additionally, the Committee requests the assistance of City staff and the Council to consider and propose what rate and criteria may be best suited to this purpose. If possible, the Committee requests consideration of a formula by which the rate may be automatically adjusted within the previously approved range, unless otherwise specified by council. One possible mechanism favored by the Committee is to annually consider revenue trajectories over the past three years with small updates that would occur unless otherwise pre-empted or adjusted by the Englewood City Council. Page 11 of 403 A few considerations that the Committee would like to emphasize in these considerations include: 1. Maintaining the current range of unrestricted reserve values (i.e. remaining between 12.0 percent and 21.4 percent) 2. The rates of adjustment used by other localities with ratcheting and sliding reserve mechanisms (i.e. considering the practices of other governments) 3. Relatively small adjustments allow for the maximum consistency of budget (i.e. adjusting by small percentage values) 4. Ensure that any automatic adjustments may be preempted by a vote of the Englewood City Council (i.e. ensuring that the City Council has the ability to deviate the actual adjustment from what would have otherwise occurred automatically) It is also the recommendation of the Committee and its members that revising the City’s Reserve Policy and Investment Policy to replace the provision to use “operating revenues or expenditures whichever is more predictable” with a single measure (either operational revenue or another measure like current month’s actual revenue) will provide greater clarity and consistency than the language provided in the current policy. Parks and Recreation Bond Proposal The Parks and Recreation GO Bond proposed totals up to $39.5 million in funding to enhance and improve the City’s park and recreation district. This includes 7 park renovations with improvements to Englewood Recreation Center Aquatics and Pirates Cove. The total cost of the complete project is substantial and would need voter-approved funding to be completed. In considering the bond proposal, the City has a few options to fund the proposal. These include funding the bond primarily through property taxes, issuing municipal bonds, mixed revenue sources including sales and use tax, reserve policy funding or place debt through private bank lending. All options provide benefits while also carrying drawbacks which was discussed in the 2023 Budget Advisory Committee report. For example, the existing recreation bonds were issued after voter approval in 2001 and were used for expansion of and improvements to the Englewood Recreation Center, the Malley Recreation Center and for construction of the Pirates Cove Aquatic Center. These bonds expired at the end of 2023 and leave the City in a solid position with no debt associated with the parks and recreation department. With this benefit, the City could move to not spend beyond the available capital for the department which may include additional funding from the Arapahoe County Grant for parks and recreation which Englewood benefitted from last year providing a new playground and accessible pathways at Bates/Logan Park. The Parks and Recreation citizen survey performed last year provided feedback on the bond proposal with several responses that show voter opinion around property tax levies to fund projects. The survey found that 70 percent of those surveyed were extremely likely to vote in a Page 12 of 403 local bond measure for the proposed improvements. However, many are concerned with the overall proposed amount, some commented about reducing and scaling back the total proposal and many indicated the impact on property taxes was already burdensome given the recent Colorado property tax reassessment and tax increases. The recent reassessment increased property values substantially following the rise in residential property values due to Covid impacts as many remained home and interest rates stayed low spurring high prices in the real estate market. The range for the 20-year GO Bond will cost residents between $116 per $500K in assessed value up to as much as $166 per $500K at $50 million in total funding. This compares to the prior bond where a home valued at $500K was taxed at $84 annually. This represents a minimum comparable tax increase for the same Parks and Recreation funding of at least 39 percent if the City was to only take out $35 million in GO Bond funding. The proposed $39 million GO Bond saddles residents with roughly $1,150 per resident with the potential for a maximum repayment cost of up to $68 million or over $2,000 per resident in total cost over the repayment term. Additionally, the funding comes at a time when interest rates are elevated, which discourages borrowing. The proposal, depending on its final total cost, will present voters with a substantial tax increase following the Colorado reassessments of 2023, which drove property taxes higher by an average of $444 per year in Arapahoe County. According to The Common Sense Institute, 1 in 3 homeowners in Arapahoe County received a property tax increase greater than 20 percent from the prior year. This property tax increase was mitigated by reductions in the mill levy. However, following these property tax assessment increases in 2023, voters rejected Proposition HH. Not only did property owners reject Proposition HH, but even further, the legislative provision of the property tax exemptions was poorly constructed and did not provide the necessary property tax relief. The City should consider the timing of the Parks and Recreation bond and related funding at a time when there is substantial taxpayer fatigue. It may be in the best interest of the City to consider alternatives by either delaying the project, reducing the total expense and/or using alternative sources of funding outside property tax increases. The City should seek ways to minimize the total cost of the proposal while still providing necessary upgrades to the parks and recreation district. Sales and Use Tax In January of 2023, the City of Englewood increased its sales and use tax from 3.5 percent to 3.8 percent, following a public referendum passing for the increase. This increase was the first time that the City of Englewood has increased non-cannabis related sales taxes in 34 years and the increase was separated into two dedicated funds. One section raised the City Sales and Use Tax by 0.2 percent to repave, repair, maintain, and improve City streets and roads. The other section raised the City Sales and Use Tax by 0.1 percent to fund alternate policing services to address matters including homelessness, mental health, and addiction. Page 13 of 403 It is important for residents of the City of Englewood to recognize that the Englewood sales tax is only a portion of the total sales taxes that they pay when making purchases within the City of Englewood. In addition to the City of Englewood Sales and Use tax, there are also State sales taxes, Arapahoe County sales taxes, and sales taxes for special districts like the Regional Transportation District and Scientific and Cultural Facilities District. Graphic 1A shows the relative portion of current and previous regional sales taxes assigned to different entities for sales made in Englewood. Some purchases are exempt from some of these taxes or are otherwise taxed differently such as groceries or those falling under lodging taxes, cannabis taxes, the Building Materials Use Tax, and others. Graphic 1A “Details of Current and Previous Sales and Use Taxes” The City of Englewood finds itself in a relatively unique position. In comparison to other nearby localities, a relatively large percent of the City’s funding comes from sales taxes. This situation is beneficial in that much of these sales taxes are paid by non-residents doing business in the City. These non-residents pay sales taxes that benefit residents and allow the City of Englewood to provide high-quality service to its citizens despite the City’s relatively small population. Many of the services provided by the City of Englewood are directly funded by sales tax dollars received from non-residents. The Committee recognizes that data has shown that in times of economic hardship, sales taxes are less reliable than other types of taxes and fees, such as property taxes, and may result in significant levels of variation in city revenues between years as economic factors influence the public’s purchasing decisions. The Committee asks for the Council and City of Englewood staff to consider these adverse impacts and the way that increases to the sales and use tax may influence the types and variety of people, businesses, and industries that exist within the community when considering between future Sales and Use tax increases and other types of fees and taxation such as property taxes. Page 14 of 403 Sales and Use Expenditure Review In 2022, citizens of Englewood voted on and approved two measures impacting the City’s Sales and Use Tax. One of these measures increased the City Sales and Use Tax by 0.2 percent to repave, repair, maintain, and improve City streets and roads. The other measure raised the City Sales and Use Tax by 0.1 percent to fund alternate policing services to address matters including homelessness, mental health, and addiction. The measures include language describing that expenses utilizing these funds would be reviewed by a citizen committee, which City Council designated to be this Committee. These taxes were officially implemented in 2023 and this year the Budget Advisory Committee reviewed the audited expenditures presented by the Public Works Department and Englewood Police Department. The funds raised by these tax measures are dedicated and must be used for the specific purposes approved by the voters. As part of the review process, the City of Englewood staff put together a document which showed all of the staff-proposed expenses that the two new dedicated Sales and Use tax measures were proposed to be used for. The Committee recognizes the effort that City of Englewood staff and City Council have put into utilizing these dedicated funds for the benefit of the public and explicit purposes approved in the referendum. The Committee asks for the talented staff of the City of Englewood to take steps, wherever possible, to define, specify, and differentiate these dedicated funds from others to specify that they have been used for the explicit purposes approved by the voters and for the City Council to encourage the same. The Committee believes that the additional clarity and communication around these funds and their documentation is critical to demonstrating to the public that the City of Englewood and their Council have been good and appropriate shepherds of public funds and tax payer dollars. Traffic Planning Urban city traffic planning involves multiple considerations including infrastructure development, public transportation systems, traffic management, and pedestrian and other road users’ safety. When budgeting for traffic planning, cities face several key concerns. These include infrastructure costs, road construction and maintenance such as maintaining roads, bridges, and tunnels which is costly and requires regular funding and additional capital for major repairs. The ongoing maintenance to existing roads and related infrastructure continues to burden the City while Englewood and surrounding cities continue to grow in population and in turn, increase demand on the City’s infrastructure. With the recent voter-approved sales and use tax increase, the City has apportioned funding to road maintenance which should allow the City to improve general roadway maintenance beyond prior years. With that, traffic planning and improvements to existing infrastructure should be beneficial. The City’s traffic planning should include the following: Page 15 of 403 1) Public Transportation, Road User Access, Safety and Accessibility: The City should continue to improve and develop related RTD infrastructure for use by the community for travel to and from downtown Denver through Englewood allowing for low cost options to our residents. This includes access to Oxford Station and City Center including safe pedestrian walkways and clear bike lanes that are not overly burdening street safety for cyclists and auto drivers as well including marked bikeways that do not create too much lane coverage or additional structures such as excess concrete curbing or posts/barriers between roadway and bike lanes. The development of bike lanes should avoid two direction lanes and not be placed between parked cars and the curb which leads to poor pedestrian and cycling/scooter safety for all road and bike lane users. There has been a documented increase in accidents in Denver due to complex road changes that were intended to improve safety for all road users but failed to do so at a substantial road improvement cost. Currently, Dartmouth is an example of effective bike lanes and allowance for through traffic while also providing lane markings for cyclists’ safety. This can be replicated on a lower cost basis. Also, potential roundabouts should consider cycling and pedestrian safety first where stoplights currently offer safe crossing for all road users and pedestrians. Finally, emergency equipment, such as large fire trucks, must be able to navigate any intersection with ease guaranteeing our community access to emergency response. Englewood should continue to focus on simple access upgrades for disability access which the City has done a good job of recognizing and providing where necessary. 2) Budgetary Concerns: The City should be careful to plan one-time traffic upgrades/updates that will be able to perform for the next 20-30 years. These plans should rely on solid traffic studies perhaps performed by the City instead of using third parties which provides a historical knowledge base of traffic patterns and reduces cost. The City should consider grants when possible that do not overly extend traffic mandates but assist in reducing total cost ,and improve budget measures. 3) Maintenance and Operations: Does the City’s upcoming traffic plans consider the long-term costs to maintain streets and related infrastructure? Do plans keep our roadways open and easy to repave? Is snow removal and road clearance simple and does it allow Public Works to effectively maintain road maintenance equipment at a minimal cost? Does road maintenance effectively consider traffic disruptions and how can the City minimize downtime for road repairs? All of these contribute to effective long-term management of roadway infrastructure and should be effective in reducing costs to maintain roadways for local and through traffic. 4) Prioritization and Phasing, Efficiency: The City should be patient and methodical in traffic planning measures considering population growth, community access and safety in neighborhoods including public access and traffic overflow among others. The City should break down projects into phases to effectively manage costs over time focusing to reduce excess and redundant spending. The City should continue to prioritize high-impact projects such as bridge repairs as on Dartmouth and Union to maintain a minimum standard of safety for major thoroughfares. By addressing these concerns and implementing strategic, conservative traffic planning solutions that have long-term viability, Englewood can continue to keep up with increasing Page 16 of 403 roadway and infrastructure demands. The City has a long history of smooth transportation between South Denver cities and Downtown Denver and should focus on the maintenance of major thoroughfares keeping smooth peak hour traffic patterns throughout the City. Information Technology Network The Committee recognizes and appreciates the efforts made by all Staff and in particular the Information Technology (IT) Department for keeping the City both operational and safe from an IT network perspective. The technology landscape is ever changing and always at risk of a cyber attack both at home and in the private and public sectors. The Committee is raising this topic up as part of the report not to state that the appropriate actions and decisions are not being made (from recent department reviews there do seem to be processes which addresses) but rather to reinforce the importance. The Committee asks that both Staff and Council continue to place importance on the following: 1) The IT Department is engaged and has the opportunity to assess new programs as they are initiated to ensure compatibility with the network and aligns with the the roadmap of future capabilities. For example, if new audio/video equipment is being prioritized from a funding perspective then IT needs to review. 2) Prioritize funding for programs, such as CPF-3 - Network Development IT. 3) Money is not unlimited and if Budget decisions must be made to deprioritize IT related infrastructure then work closely with IT to understand the impacts and risks of any items which may not be feasible to fund. When it comes to security it is vital to weigh risks of the impact to the City, Citizens, and Budget if a ransomware or other cyber threat did occur. Above and beyond the financial impacts, the City has personally identifiable information of it’s citizens and businesses. The risk and reward of investing in the network has multiple layers and the Committee asks that the City staff and Councilmembers continue to keep this in mind. (see appendix for beneficial information). The Committee urges the need to advance the City of Englewood’s capabilities and keep the City and its residents secure. Recognition The Budget Advisory Committee (BAC) acknowledges and appreciates the City Council and City Staff for the amount of effort and time to review their department plans for the year. The discussion provides transparency for only the Committee but all Citizens. ● The BAC would like to recognize and provide a sincere thank you to Suzanne Dirckson for serving 8 years on the Committee. Unfortunately, she has been termed out and attended her last meeting in June. Suzanne has played a key role in molding the BAC into what it is today and establishing processes. Suzanne is an active member of the Page 17 of 403 community, above and beyond the BAC. Her knowledge, experience and positive attitude will be missed. ● Thank you to Jennifer Nolan and the additional members from the Finance Department who have continued to evolve the Capital Improvement Project (CIP) evaluation process. The creation of the scoring tool could not have been an easy task and the BAC appreciated the time and effort spent. The Committee found it useful and felt it helped simplify the process. Jennifer is always helpful and works tirelessly to assist Committee members and answer questions. ● Thank you to Tyson Thornburg, who has both assisted the Finance team and assists with the technical operations of The Budget Advisory Meetings. Thank you to Kevin Engels who has been very kind and helpful in assisting the Committee's financial questions. ● Thank you to City Manager Lewis and Deputy City Manager Dodd, who work hard to support the City of Englewood, have attended numerous Budget Advisory Committee meetings, and have assisted in answering member questions and to facilitate requests for information and resources made by The Committee. ● Thank you to all of the department heads and staff representatives that have made themselves available to present to the BAC. These presentations make it possible for the Committee to ask questions and to be better informed. The Committee recognizes the amount of work that goes into these presentations. Conclusion The Committee commends City leadership and City Council for their ongoing diligence and prudence in managing the City budget with limited resources. Having continued insight into the capital improvement project planning process, along with the first ever voter-mandated review of the expenditures associated with the sales and use tax measures for street maintenance and alternatives to policing approved by voters in 2022, allowed the BAC to remain fully engaged in the budgeting process, and the Committee appreciates both the City Manager’s office and City Council for inviting the Committee to further advise in these capacities. The BAC appreciates the opportunity to offer advice and recommendations to the City Council and the Committee looks forward to presenting this report at the August 5, 2024 Meeting of the Englewood City Council. Respectfully submitted on behalf of the Budget Advisory Committee on July 23, 2024. Page 18 of 403 Appendix Parks Meeting Tuesday, March 26, 2024 | The City of Englewood - March 26, 2024) ● Reserve Policy and Investment Policy Approval language. (Resolution for the Reserve and Investment Policy | The City of Englewood - August 15, 2022) ● Guidance for Automatic Adjustments (Should We Rethink Reserves? | Government Finance Officers Association - May 2023) ● “GFOA recommends, at a minimum, that general-purpose governments, regardless of size, maintain unrestricted budgetary fund balance in their general fund of no less than two months of regular general fund operating revenues or regular general fund operating expenditures.” (Fund Balance Guidelines for the General Fund | Government Finance Officers Association - September 30, 2015) ● Variables Considered and Relationship to Unrestricted Net Position. (Measuring the Strength of Illinois’ Municipal Reserves | Shannon Sohl, Andy Blanke, and Norman Walzer - 2016) ● Comparison of different city’s revenue makeup. (City Fiscal Conditions 2023 | National League of Cities - October 19, 2023) Parks and Recreation Bond Proposal - supporting information: ● https://commonsenseinstituteco.org/property-taxes-on-the-rise-despite-state-and-local- relief/ Sales and Use Tax - supporting information: ● Graphic 1A Source. (Sales, Use and Other Business Licenses | City of Englewood - Unknown) ● Information of Sales and Use Tax regulation. (Minutes Budget Advisory Committee Meeting Tuesday, Tuesday, June 25, 2024 | The City of Englewood - June 25, 2024) ● FAQ - Business, Sales & Use Tax Licensing. (FAQ - Business, Sales & Use Tax Licensing | City of Englewood - Unknown) ● Sales and Use Tax Announcement (New Sales and Use Tax Rate Effective January 1, 2023 | City of Englewood - 23 November, 2022) ● 2024 City of Englewood Budget. (2024 Budget | City of Englewood - 2024) ● Year-to-year budget comparisons. (Multiple Year Comparison | City of Englewood - July 27, 2024 ● “Heavy reliance on sales and excise taxes makes tax systems more regressive.” (Who Pays? 7th Edition | Institute on Taxation and Economic Policy- January, 2024) ● “Over the last several years, states have increasingly authorized states to enact or increase “local-option” sales taxes; these local-option taxes usually have the same effect on families as a statewide sales tax. Since local sales taxes are rising in popularity, they are further contributing toward the trend toward more regressive state tax systems.” (The Rising Regressivity of State Taxes | Nicholas Johnson and Daniel Tenny - January 15, 2002) Page 19 of 403 ● “Sales taxes tend to be quite regressive. The reason is that low-income households tend to spend a larger share of their income on taxable items than high- income households.” (Progressive and Regressive Taxation in the United States: Who’s Really Paying (and Not Paying) their Fair Share? | Bian Roach - October, 2003) Sales and Use Expenditure Review - supporting information: ● Sales and Use Tax expenditure review overview and process information. (2023 Dedicated Sales & Use Tax Expenditure Review | The City of Englewood - June 25, 2024) ● “Your municipal budget should establish linkages to broad organizational goals.” (The Municipal Budget Preparation Process: 5 Things To Consider | Clear Point Strategy - July 8, 2024) ● “Property tax remains the primary source of tax revenue for local governments in most states.” “When revenue declines—as it tends to do during an economic downturn— certain limitations on local taxation can keep revenue from fully rebounding, leaving it at an artificially low level even as the economy grows.” (Local Tax Limitations Can Hamper Fiscal Stability of Cities and Counties | The Pew Charitable Trusts - July 8, 2021) Traffic Planning - supporting information: ● https://denvergazette.com/news/denver-neighbors-report-more-accidents-after-new- denver-bike-lanes-installed/article_601a6802-5288-11ee-9ca7-a75c69d7a552.html ● https://www.usu.edu/today/story/roundabouts-not-as-safe-for-cyclists-new-research-says IT Network - supporting information: ● “State and local governments face cyberthreats that are expanding at an alarming rate. Since last year, cyberattacks against local governments increased by 70 percent.” (Visibility Is Vital for Government IT Network Security | StateTech Magazine - Oct 18, 2022) ● “Maintaining an effective level of visibility across the entire IT network and endpoints is critical to promoting security and establishing a proactive stance against threats. Vulnerabilities cannot be dealt with without first identifying where they reside.” (Visibility Is Vital for Government IT Network Security | StateTech Magazine - Oct 18, 2022) ● “By aligning cybersecurity initiatives with the overall strategic goals of the organization, institutions can maximize the impact of cybersecurity efforts on their mission and vision.” (Strengthening cybersecurity in local government (diligent.com) - Oct 9, 2023) ● Another reason municipalities are seen as prime targets by hackers is, unlike private businesses, they are less prepared for an attack. Local governments typically have limited budgets for upgrading networks and security systems, often use outdated technology and may not have dedicated IT staff to implement organizational safeguards to protect against the ever-increasing risk of a cyberattack. (Cybersecurity Best Practices for Municipalities | New Hampshire Municipal Association (nhmunicipal.org) - July/August - 2019) ● “Because local governments maintain sensitive personally identifiable information, they have a fiduciary duty to safeguard that information. As large-scale data breaches Page 20 of 403 continue to make headlines, local governments must make cybersecurity a priority.” (Cybersecurity Best Practices for Municipalities | New Hampshire Municipal Association (nhmunicipal.org) - July/August - 2019) Page 21 of 403 MINUTES City Council Regular Meeting Monday, July 22, 2024 1000 Englewood Parkway - 2nd Floor Council Chambers 6:00 PM 1 Study Session Topic a) Public Works Director Victor Rachael and Deputy Director of Engineering Tim Hoos were present to discuss the US285/Broadway Interchange Reconstruction Project Status. b) Sustainability Program Manager Melissa Englund and the City's Energy Performance Contractor, Yearout Energy, were present to provide an update on the energy audit and provide further details into the financials of the project. The meeting recessed at 6:52 p.m. for a break. The meeting reconvened at 7:00 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 7:01 p.m. 3 Pledge of Allegiance The Pledge of Allegiance was led by Mayor Sierra. 4 Roll Call COUNCIL PRESENT: Mayor Othoniel Sierra Mayor Pro Tem Joe Anderson Council Member Steve Ward Council Member Chelsea Nunnenkamp Council Member Rita Russell Council Member Tena Prange Council Member Kim Wright COUNCIL ABSENT: None STAFF PRESENT: City Manager Lewis City Attorney Niles Senior Deputy City Clerk McKinnon Deputy City Clerk Harkness Page 1 of 15 Draft Page 22 of 403 City Council Regular July 22, 2024 Deputy City Manager Dodd Director of Public Works Rachael Director of Community Development Power Director of Parks, Recreation, Library, and Golf Underhill Deputy Director of Engineering Hoos, Public Works Deputy Director Anderson, Parks, recreation, Library and Golf Economic Development Manager Hollingsworth, Community Development Department Administrator Fenton, Community Development Sustainability Program Manager Englund, City Manager's Office Management Fellow Ramsey, City Manager's Office System Administrator Munnell, Information Technology AV Engineer Hessling, Information Technology Police Officer Caggiano Intern Higgins, City Attorney's Office Intern Smith, City Clerk's Office Intern Morris, City Manager's Office Intern Turner, Communications Intern Spidel, Community Development Planning Intern Van Winkel, Finance Intern Moss, Finance Intern Svichar, Human Resource Intern Lyon, Information Technology Intern Sameshima, Parks and Recreation Intern DeComa, Police Community Relations Intern Klein, Public Works Intern Strait, Utilities Engineering Intern Shaw, Utilities Engineering 5 Consideration of Minutes of Previous Session a) Minutes of the Regular City Council Meeting of July 15, 2024. Moved by Council Member Chelsea Nunnenkamp Seconded by Council Member Tena Prange APPROVAL OF THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF July 15, 2024 For Against Abstained Chelsea Nunnenkamp (Moved By) x Rita Russell x Othoniel Sierra x Joe Anderson x Tena Prange (Seconded By) x Kim Wright x Steven Ward x Page 2 of 15 Draft Page 23 of 403 City Council Regular July 22, 2024 7 0 0 Motion CARRIED. 6 Appointments, Communications, Proclamations, and Recognition a) Sustainability Program Manager Melissa Englund introduced Green Business Program Coordinator, Aidan Lawton to Council. b) Recognition of the 2024 City of Englewood Interns Jaxon Higgins - City Attorney's Office Sarah Smith- City Clerk's Office Will Morris- City Manager's Office Sara Turner- Communications Amanda Spidel - Community Development Planning Carson Van Winkel - Finance Cole Moss - Finance Nick Svichar - Human Resources Caden Lyon - Information Technology Samantha Sameshima - Parks and Recreation Ronald DeComa - Police Community Relations Audry Klein - Public Works Abi Strait- Utilities Engineering Samantha Shaw - Utilities Engineering 7 Recognition of Scheduled Public Comment a) Andrew Curtis Forlines, an Englewood resident, was scheduled to speak but was not present. b) Fernando Boschini, an Englewood resident, was scheduled to speak but was not present. 8 Recognition of Unscheduled Public Comment a) Pam Peek, an Englewood resident, addressed Council regarding homelessness. b) Regan Benson addressed Council regarding the Englewood Police Department. c) Matt Crabtree, an Englewood resident, addressed Council regarding two citizen initiatives. d) Jan Weipert, an Englewood resident, addressed Council regarding ranked choice voting. e) PJ Kolnik, an Englewood resident, addressed Council regarding ranked choice voting and Emerson Park. f) Max Castillo, an Englewood resident, addressed Council regarding Emerson Park. Page 3 of 15 Draft Page 24 of 403 City Council Regular July 22, 2024 g) Carolyn Derrington - Tate, an Englewood resident, addressed Council regarding Emerson Park. Mayor Sierra responded to Public Comment. 9 Consent Agenda Items Council Member Russell removed Agenda Item 9(a)(i) from Consent Agenda. a) Approval of Ordinances on First Reading i) CB-29 Intergovernmental Agreement (IGA) with the City of Littleton for a shared green business program [Clerks Note: This agenda item was removed from the Consent Agenda motion and considered independently.] Moved by Council Member Tena Prange Seconded by Council Member Joe Anderson COUNCIL BILL NO. 29 INTRODUCED BY COUNCIL MEMBER PRANGE A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITIES OF ENGLEWOOD, COLORADO AND LITTLETON, COLORADO FOR THE PROVISION OF A SHARED GREEN BUSINESS PROGRAM. For Against Abstained Chelsea Nunnenkamp x Rita Russell x Othoniel Sierra x Joe Anderson (Seconded By) x Tena Prange (Moved By) x Kim Wright x Steven Ward x 7 0 0 Motion CARRIED. b) Approval of Ordinances on Second Reading. There were no Ordinances on Second Reading. c) Resolutions and Motions Page 4 of 15 Draft Page 25 of 403 City Council Regular July 22, 2024 There were no additional Resolution of Motions. See agenda item 11(c)(i-iii) 10 Public Hearing Items There were no Public Hearings scheduled. 11 Ordinances, Resolutions and Motions a) Approval of Ordinances on First Reading i) CB-19 Assignment to City and County of Denver of the City of Englewood 2024 Private Activity Bond Allocation Moved by Council Member Steven Ward Seconded by Council Member Kim Wright COUNCIL BILL NO. 19 INTRODUCED BY COUNCIL MEMBER WARD A BILL FOR AN ORDINANCE APPROVING ASSIGNMENT TO THE CITY AND COUNTY OF DENVER, COLORADO OF THE CITY OF ENGLEWOOD, COLORADO’S $2,118,260 2024 PRIVATE ACTIVITY BOND VOLUME CAP ALLOCATION FROM THE STATE CEILING FOR PRIVATE ACTIVITY BONDS; AND AUTHORIZING THE EXECUTION AND DELIVERY OF AN ASSIGNMENT AND OTHER DOCUMENTS IN CONNECTION THEREWITH. For Against Abstained Chelsea Nunnenkamp x Rita Russell x Othoniel Sierra x Joe Anderson x Tena Prange x Kim Wright (Seconded By) x Steven Ward (Moved By) x 7 0 0 Motion CARRIED. The meeting recessed at 8:19 p.m. for a break. The meeting reconvened at 8:27 p.m. with all Council Members present. Moved by Council Member Othoniel Sierra Seconded by Council Member Rita Russell MOTION TO MOVE INTO EXECUTIVE SESSION FOR THE PURPOSE OF RECIEVING ADVICE FROM LEGAL COUNSEL ON SPECIFIC LEGAL QUESTIONS RELATED TO GO BOND ELECTION TIMING AND Page 5 of 15 Draft Page 26 of 403 City Council Regular July 22, 2024 AMENDEMENTS TO THE PROPOSED COUNCIL BILL, AS AUTHROIZED BY C.R.S § 24-6-402(4)(b). For Against Abstained Chelsea Nunnenkamp x Rita Russell (Seconded By) x Othoniel Sierra (Moved By) x Joe Anderson x Tena Prange x Kim Wright x Steven Ward x 7 0 0 Motion CARRIED. The meeting recessed at 8:28 p.m. to go into Executive Session. The meeting reconvened at 9:40 p.m. with all Council Members present. Mayor Sierra recited the following statement: For the record, if any person who participated in the executive session believes that any substantial discussion of any matters not included in the motion to go into the executive session occurred during the executive session, or that any improper action occurred during the executive session in violation of the Open Meetings Law, I would ask that you state your concerns for the record. None stated Moved by Council Member Othoniel Sierra Seconded by Council Member Kim Wright MOTION TO CLOSE THE EXECUTIVE SESSION For Against Abstained Chelsea Nunnenkamp x Rita Russell x Othoniel Sierra (Moved By) x Joe Anderson x Tena Prange x Kim Wright (Seconded By) x Steven Ward x 7 0 0 Motion CARRIED. ii) CB-30 Calling Special Election, Authorizing Agreement, and setting Parks Page 6 of 15 Draft Page 27 of 403 City Council Regular July 22, 2024 Bond Ballot Question for November Election Moved by Council member Nunnenkamp, Seconded by Council Member Prange to approve Council Bill No. 30 Discussion ensued Moved by Council Member Chelsea Nunnenkamp Seconded by Council Member Tena Prange Motion to amend by adding a splash pad at Miller Field in the amount of $750.000. For Against Abstained Chelsea Nunnenkamp (Moved By) x Rita Russell x Othoniel Sierra x Joe Anderson x Tena Prange (Seconded By) x Kim Wright x Steven Ward x 5 2 0 Motion CARRIED. Moved by Council Member Steven Ward Seconded by Council Member Kim Wright Motion to amend ballot language from "irrigation system upgrades to increase efficiency, reduce waste, and lower city costs" to "irrigation system updates to replace aging existing irrigation systems". For Against Abstained Chelsea Nunnenkamp x Rita Russell x Othoniel Sierra x Joe Anderson x Tena Prange x Kim Wright (Seconded By) x Steven Ward (Moved By) x 7 0 0 Motion CARRIED. Moved by Council Member Joe Anderson Page 7 of 15 Draft Page 28 of 403 City Council Regular July 22, 2024 Seconded by Council Member Rita Russell Motion to limit native grasses to 5%. For Against Abstained Chelsea Nunnenkamp x Rita Russell (Seconded By) x Othoniel Sierra x Joe Anderson (Moved By) x Tena Prange x Kim Wright x Steven Ward x 3 4 0 Motion DEFEATED. Moved by Council Member Joe Anderson Seconded by Council Member Chelsea Nunnenkamp Motion to include improvements to the main Emerson Park up to $600,000. For Against Abstained Chelsea Nunnenkamp (Seconded By) x Rita Russell x Othoniel Sierra x Joe Anderson (Moved By) x Tena Prange x Kim Wright x Steven Ward x 5 2 0 Motion CARRIED. Moved by Council Member Chelsea Nunnenkamp Seconded by Council Member Kim Wright Motion to approve ballot language option 2 with the condition to include project details in the Blue Book. For Against Abstained Chelsea Nunnenkamp (Moved By) x Rita Russell x Othoniel Sierra x Page 8 of 15 Draft Page 29 of 403 City Council Regular July 22, 2024 Joe Anderson x Tena Prange x Kim Wright (Seconded By) x Steven Ward x 7 0 0 Motion CARRIED. Moved by Council Member Joe Anderson Seconded by Council Member Chelsea Nunnenkamp Motion to amend by removing the language that would auto repeal the Ordinance in Section 2 of Council Bill No. 30. For Against Abstained Chelsea Nunnenkamp (Seconded By) x Rita Russell x Othoniel Sierra x Joe Anderson (Moved By) x Tena Prange x Kim Wright x Steven Ward x 5 2 0 Motion CARRIED. Moved by Council Member Joe Anderson Seconded by Council Member Chelsea Nunnenkamp Motion to reconsider by adding Section 2 back into the Ordinance including the auto repeal language. Motion WITHDRAWN Moved by Council Member Joe Anderson Seconded by Council Member Chelsea Nunnenkamp Motion to reconsider removing the second sentence of the second section to insert it back into the auto repeal language. For Against Abstained Chelsea Nunnenkamp (Seconded By) x Rita Russell x Othoniel Sierra x Page 9 of 15 Draft Page 30 of 403 City Council Regular July 22, 2024 Joe Anderson (Moved By) x Tena Prange x Kim Wright x Steven Ward x 7 0 0 Motion CARRIED. Moved by Council Member Tena Prange Seconded by Council Member Steven Ward Motion to amend to increase the total of the bond to $41.5 million with a maximum repayment of up to $72 million with an annual increase of City tax up to $4 million. Amend typo in appendix a option 2 to say "and in such manner and" instead of "and is such manner an" For Against Abstained Chelsea Nunnenkamp x Rita Russell x Othoniel Sierra x Joe Anderson x Tena Prange (Moved By) x Kim Wright x Steven Ward (Seconded By) x 7 0 0 Motion CARRIED. Moved by Council Member Chelsea Nunnenkamp Seconded by Council Member Tena Prange COUNCIL BILL NO. 30 INTRODUCED BY COUNCIL MEMBER SIERRA A BILL FOR AN ORDINANCE REGARDING THE NOVEMBER 2024 ELECTION: CALLING A SPECIAL MUNICIPAL ELECTION FOR NOVEMBER 5, 2024, TO COINCIDE WITH THE STATE GENERAL ELECTION; DECLARING THE CITY’S INTENT TO COORDINATE SUCH ELECTION WITH ARAPAHOE COUNTY AND AUTHORIZING AN AGREEMENT THEREFORE; SUBMITTING TO THE REGISTERED ELECTORS OF THE CITY A BALLOT MEASURE AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS FOR THE PURPOSE OF FINANCING PARK AND RECREATION CAPITAL IMPROVEMENTS; AND SETTING THE BALLOT TITLE THEREON AS AMENDED. Page 10 of 15 Draft Page 31 of 403 City Council Regular July 22, 2024 For Against Abstained Chelsea Nunnenkamp (Moved By) x Rita Russell x Othoniel Sierra x Joe Anderson x Tena Prange (Seconded By) x Kim Wright x Steven Ward x 5 2 0 Motion CARRIED. iii) CB-25 November ballot question removing the GO Bond voting restrictions in Charter, to allow voters to consider bond issues under TABOR Moved by Council Member Tena Prange Seconded by Council Member Rita Russell Motion to table 11aiii and 11aiv to date uncertain. For Against Abstained Chelsea Nunnenkamp x Rita Russell (Seconded By) x Othoniel Sierra x Joe Anderson x Tena Prange (Moved By) x Kim Wright x Steven Ward x 2 5 0 Motion DEFEATED. Moved by Council Member Anderson Seconded by Council Member Nunnenkamp to approve Council Bill No. 25 Discussion ensued. Moved by Council Member Joe Anderson Seconded by Council Member Tena Prange Motion to amend by eliminating the following whereas clauses: “WHEREAS, the City of Englewood has proposed a GO Bond ballot question for November 2024 to improve the City’s parks; and “ “WHEREAS, citizens are currently circulating petitions to put two Page 11 of 15 Draft Page 32 of 403 City Council Regular July 22, 2024 City of Englewood ballot questions on the November 2024 ballot; WHEREAS, if either petition has at least 1,110 valid signatures, none of the voters in the City of Englewood can exercise their voice by voting on the proposed GO Bond question to improve City parks, because the GO Bond question cannot be on the ballot under Section 14 of Englewood Home Rule Charter; and”. For Against Abstained Chelsea Nunnenkamp x Rita Russell x Othoniel Sierra x Joe Anderson (Moved By) x Tena Prange (Seconded By) x Kim Wright x Steven Ward x 7 0 0 Motion CARRIED. Moved by Council Member Joe Anderson Seconded by Council Member Chelsea Nunnenkamp COUNCIL BILL NO. 25 INTRODUCED BY COUNCIL MEMBER ANDERSON A BILL FOR AN ORDINANCE SUBMITTING TO THE REGISTERED ELECTORS OF THE CITY OF ENGLEWOOD A PROPOSED AMENDMENT TO THE CITY OF ENGLEWOOD HOME RULE CHARTER REGARDING GENERAL OBLIGATION BOND ELECTIONS; AND SETTING BALLOT TITLE THEREON. For Against Abstained Chelsea Nunnenkamp (Seconded By) x Rita Russell x Othoniel Sierra x Joe Anderson (Moved By) x Tena Prange x Kim Wright x Steven Ward x 7 0 0 Motion .CARRIED. iv) CB-26 A proposed November ballot question regarding ranked choice voting for Englewood's elected officials Page 12 of 15 Draft Page 33 of 403 City Council Regular July 22, 2024 Moved by Council Member Joe Anderson Seconded by Council Member Chelsea Nunnenkamp COUNCIL BILL NO. 26 INTRODUCED BY COUNCIL MEMBER ANDERSON A BILL FOR AN ORDINANCE SUBMITTING TO THE REGISTERED ELECTORS OF THE CITY OF ENGLEWOOD A PROPOSED AMENDMENT TO THE CITY OF ENGLEWOOD HOME RULE CHARTER REGARDING RANKED CHOICE VOTING; AND SETTING BALLOT TITLE THEREON. For Against Abstained Chelsea Nunnenkamp (Seconded By) x Rita Russell x Othoniel Sierra x Joe Anderson (Moved By) x Tena Prange x Kim Wright x Steven Ward x 4 3 0 Motion CARRIED. b) Approval of Ordinances on Second Reading There were no Ordinances on Second Reading. c) Resolutions and Motions i) Motion to authorize staff to apply for the State's Energy Efficiency and Conservation Block grant to go towards funding an additional sustainability staff person that would serve both Englewood and Sheridan. Moved by Council Member Kim Wright Seconded by Council Member Joe Anderson Approval for staff to submit an application to the State's Energy Efficiency and Conservation Block Grant. For Against Abstained Chelsea Nunnenkamp x Rita Russell x Othoniel Sierra x Page 13 of 15 Draft Page 34 of 403 City Council Regular July 22, 2024 Joe Anderson (Seconded By) x Tena Prange x Kim Wright (Moved By) x Steven Ward x 7 0 0 Motion CARRIED. ii) Motion to accept the strategic plan updates for quarter two, 2024, and to consider modifications to the plan Moved by Council Member Tena Prange Seconded by Council Member Steven Ward Motion to table to date uncertain. For Against Abstained Chelsea Nunnenkamp x Rita Russell x Othoniel Sierra x Joe Anderson x Tena Prange (Moved By) x Kim Wright x Steven Ward (Seconded By) x 6 1 0 Motion CARRIED. iii) Motion to approve the revisions to Council Policies regarding Public Comment and other matters Moved by Council Member Tena Prange Seconded by Council Member Steven Ward Motion to table to the August 19, 2024 regular meeting. For Against Abstained Chelsea Nunnenkamp x Rita Russell x Othoniel Sierra x Joe Anderson x Tena Prange (Moved By) x Kim Wright x Steven Ward (Seconded By) x 7 0 0 Page 14 of 15 Draft Page 35 of 403 City Council Regular July 22, 2024 Motion CARRIED. 12 General Discussion a) Mayor's Choice b) Council Members' Choice 13 City Manager’s Report 14 Adjournment MAYOR SIERRA MOVED TO ADJOURN. The meeting adjourned at 11:34 p.m. Senior Deputy City Clerk Page 15 of 15 Draft Page 36 of 403 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Lucia Magnuson DEPARTMENT: Communications, Information Technology DATE: August 5, 2024 SUBJECT: SIPA Eligible Government Entity Agreement DESCRIPTION: An eligible government entity agreement needs to be signed with the Colorado Statewide Internet Portal Authority (SIPA) in order to apply for a SIPA Grant. RECOMMENDATION: Staff recommends that council approves the ordinance for the eligible government entity agreement with SIPA. SUMMARY: An eligible government entity (EGE) Agreement is necessary to procure products and services or apply for a SIPA Grant. SIPA requires any Colorado government wanting to work with SIPA to have an EGE Agreement on file. Here are some examples of the projects eligible for SIPA grants: Digital Government Services (websites, payment systems, apps, forms) Implementation or Consulting Services Software Licenses Accessibility Enhancements Cybersecurity Measures Office Productivity Tools Community Engagement Solutions COUNCIL ACTION REQUESTED: Staff recommends that council approves the ordinance for the eligible government entity agreement with SIPA. FINANCIAL IMPLICATIONS: There is not fiscal impact associated with this action. ATTACHMENTS: 2024 SIPA EGE Template Sample - Accessibility Laws May 2024 CB #33 - IGA with Internet Portal Auth. SIPA Page 37 of 403 ELIGIBLE GOVERNMENTAL ENTITY AGREEMENT BETWEEN THE COLORADO STATEWIDE INTERNET PORTAL AUTHORITY AND ___________________________________________ PREAMBLE This Eligible Governmental Entity (EGE) Agreement (“Agreement”) is made and entered into as of the date of the last signature below (the “Effective Date”) by and between _______________________________________________(“EGE”) and the Colorado Statewide Internet Portal Authority (“SIPA”) established pursuant to §§ 24-37.7-101 et seq., C.R.S., with its office at 950 South Cherry Street, Suite 900, Denver, Colorado, 80246. SIPA and EGE wish to enter into a cooperative agreement under which services can be provided at the discretion of both Parties. BACKGROUND Pursuant to §§ 24-37.7-101 through 114, C.R.S., SIPA is created as a body corporate and political subdivision of the state to provide electronic information, products, and services to all state agencies, local governments, and members of the public, and, among other things, to give members of the public, state agencies, and local governments an alternative way to transact business. Pursuant to § 24-37.7- 104(1)(q), SIPA is authorized to enter into agreements and contracts for electronic information, products, and services and all state agencies and local governments (as defined within § 24-37.7-101) are authorized to enter into and do all things necessary to perform any such arrangements or contracts with SIPA, including this EGE Agreement. Neither Party is committing funds or required to perform services as part of this agreement. SIPA has entered into certain contracts with its suppliers to provide electronic information, products, and services which will be available to EGE pursuant to this EGE Agreement, which includes the statewide internet portal managed by the statewide internet portal integrator, as defined in § 24-37.7-101, C.R.S. (“Portal Integrator”). GENERAL TERMS SIPA will provide, through its suppliers, electronic information, products, and services to EGE pursuant to an Order under this Agreement (“Order”). An Order will be prepared for each electronic information, product, and service and mutually signed by SIPA and EGE. SIPA and EGE agree as follows: Page 38 of 403 2024 Statewide Internet Portal Authority Eligible Government Entity Agreement Page 2 of 7 1. EGE shall make available to SIPA electronic information maintained and owned by EGE as is necessary to complete the agreed-upon work as set forth in an Order under this Agreement. As mutually agreed upon in subsequent Orders under this Agreement, EGE will provide reasonable levels of support in placing online with SIPA certain EGE-owned electronic information, as mutually agreed by EGE and SIPA, with due regard to the workload and priorities of EGE and SIPA. 2. SIPA may, with the authorization of EGE, through the statewide internal portal, make public electronic information made available to it available to the general public, including EGE’s public electronic information. The Parties agree to use their best efforts to provide adequate and uninterrupted service under the terms of this Agreement. However, neither Party shall be liable for interruption of service when the same shall be due to circumstances beyond the reasonable control of either Party, its agents or employees, including but not limited to unanticipated equipment malfunction, periodic maintenance or update of the computer systems upon which such EGE electronic information resides, or interruption of service due to problems with the Colorado statewide area network or due to problems with any telecommunications provider. 3. SIPA and EGE may enter into an Order under this Agreement. Orders under this Agreement shall describe specific services and applications to be provided to EGE. EGE acknowledges that services and applications are usually offered by SIPA’s suppliers. Orders shall cover the purchase of electronic information, products, and services from SIPA through the use of EGE funds. All Orders involving EGE funds may be approved by the EGE official with authority to execute such agreement. Orders shall contain specific time or performance milestones for SIPA's supplier(s), timelines for completion of relevant Orders, including design specifications and other criteria relevant to the completion of applicable Orders, criteria, and procedures for acceptance by EGE and remedying incomplete or inaccurate work for each phase of relevant Orders. 4. SIPA shall be responsible for the operation of, and all costs and expenses associated with, establishing and maintaining electronic access to EGE electronic information, databases or other software applications, including (but without limitation) the cost of purchasing, developing, and maintaining programs used to interface with EGE software applications that provide access to EGE-owned electronic information, products, and services. EGE acknowledges SIPA may at its discretion use suppliers to perform certain obligations. EGE’s maximum financial obligation for establishing and maintaining electronic access to EGE databases or other software applications shall be limited to the amount(s) set forth and appropriated pursuant to each individual Order under this Agreement. 5. Each Party shall have the right to terminate this Agreement by giving the other Party 10 days’ written notice. Unless otherwise specified in such notice, this Agreement will terminate at the end of such 10-day period, and the liabilities of the Parties hereunder for further performance of the terms of this Page 39 of 403 2024 Statewide Internet Portal Authority Eligible Government Entity Agreement Page 3 of 7 Agreement shall thereupon cease, but the Parties shall not be released from any duty to perform up to the date of termination. Work authorized under an individual Order under this Agreement will be subject to the terms and conditions of that document. 6. None of the terms or conditions of this Agreement gives or allows any claim, benefit, or right of action by any third person not a party hereto. Nothing in this Agreement shall be deemed as any waiver of immunity or liability limits granted to SIPA or EGE by the Colorado Governmental Immunity Act or any similar statutory provision. 7. This Agreement (and related Orders) constitutes the entire agreement of the parties hereto and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement may be amended, modified, or changed, in whole or part, only by written agreement approved by each party. 8. Neither SIPA nor its suppliers have responsibility for the accuracy or completeness of the electronic information contained within EGE’s databases. SIPA and its suppliers shall be responsible only for the accurate and complete transmission of electronic information to and from such EGE databases, in accordance with the specifications of any EGE-owned software. For the purposes of the Colorado Open Records Act, EGE shall be the custodian of record. Neither SIPA nor its suppliers shall be deemed to be either the custodian of record or the custodian's agent. 9. This Agreement and any written amendments thereto may be executed in counterpart, each of which shall constitute an original and together, which shall constitute one and the same agreement. Delivery of an executed signature page of this Agreement will constitute effective and binding execution and delivery of this Agreement. 10.Confidential information for the purpose of this Agreement is information relating to SIPA’s or EGE’s research, development, trade secrets, business affairs, internal operations, management procedures, and information not disclosable to the public under the Colorado Open Records Act or some other law or privilege. Confidential information does not include information lawfully obtained through third parties, which is in the public domain, or which is developed independently without reference to a Party’s confidential information. Neither Party shall use or disclose, directly or indirectly, without prior written authorization, any confidential information of the other. SIPA shall use its reasonable best efforts to ensure that its suppliers protect EGE confidential information from unauthorized disclosure. Notwithstanding anything to the contrary herein, each Party acknowledges that given the subject matter of this Agreement, such Party shall not disclose confidential information of the other (whether in written or electronic form) to any third party, except as required by law or as necessary to carry out the specific purpose of this Agreement; provided, however, that if such disclosure is Page 40 of 403 2024 Statewide Internet Portal Authority Eligible Government Entity Agreement Page 4 of 7 necessary, any third party who receives such confidential information shall also be bound by the nondisclosure provisions of this Section 10. Upon termination of this Agreement, the Parties shall return or destroy (at the other Party’s request) all confidential information of the other and if such information is destroyed, each Party shall demonstrate evidence of such destruction to the other. 11.SIPA must approve all requests from EGE CUSTOMERS for Electronic Information, Products, and Services pursuant to an Order under this Agreement. MISCELLANEOUS PROVISIONS Independent Authority. SIPA shall perform its duties hereunder as an independent authority and not as an employee of EGE. Neither SIPA nor any agent or employee of SIPA shall be deemed to be an agent or employee of EGE. SIPA acknowledges that SIPA and its employees or agents are not entitled to EGE employment or unemployment benefits unless SIPA or a third party provides such benefits and that EGE does not pay for or otherwise provide such benefits. SIPA shall have no authorization, express or implied, to bind EGE to any agreements, liability, or understanding except as expressly authorized by EGE. SIPA and its agents shall provide and keep in force workers’ compensation (and provide proof of such insurance when requested by EGE) and unemployment compensation insurance in the amount required by law, and shall be solely responsible for the acts of SIPA, its employees and agents. Non-discrimination. SIPA agrees to comply with the letter and the spirit of all applicable state and federal laws respecting illegal discrimination and unfair employment practices. Choice of Law. The laws of the State of Colorado (except Colorado laws related to choice of law or conflict of law) and rules and regulations issued pursuant thereto shall be applied in the interpretation, execution, and enforcement of this Agreement. At all times during the performance of this Agreement, SIPA and EGE shall adhere to all applicable federal and state laws, rules, and regulations that have been or may hereafter be established. Any legal action related to this Agreement shall be brought in either a state or federal court within the City and County of Denver, Colorado. Access to Data. SIPA shall have no access to EGE’s data, including but not limited to PII and information protected by FERPA and HIPAA. All EGE data shall remain in possession of EGE. If a SIPA supplier may have access to PII, the SIPA supplier will be responsible for ensuring compliance with any regulations related to such access. PCI Compliance. If at any point during the term of this Agreement, EGE performs payment processing through SIPA and the Portal Integrator, EGE agrees to identify a single point of contact for the EGE and maintain up to date contact information. The single point of contact will: ● Assign security responsibility to a primary person; ● Ensure security policies are developed or adhere to state security policies and are practiced; Page 41 of 403 2024 Statewide Internet Portal Authority Eligible Government Entity Agreement Page 5 of 7 ● Maintain an Information Security Policy that addresses Information Security for employees and contractors; ● Annually respond to the Compliance Validation Assessment or appropriate self-assessment questionnaires (SAQ); ● Annually train employees on security awareness that includes but is not limited to credit card payment account handling procedures, device inspection, and how to report security incidents. An online training link will be provided to the point of contact by SIPA or the Portal Integrator annually; ● Maintain an Incident Response Plan; ● Notify SIPA and the Portal Integrator, as soon as possible, whenever a suspected Incident has occurred involving cardholder data or credit card reading devices; ● Maintain up-to-date contact information with the Portal Integrator; and ● Identify the payment flow for the payment solutions implemented within its organization. These requirements will be updated in writing by SIPA and the Portal Integrator if PCI security requirements change. The above responsibilities will apply to all EGE payment processing, regardless of the supplier providing the services. Any EGE contracting with a payment processor supplier that is not the Portal Integrator may be subject to additional responsibilities related to the completion of the annual SAQ. In that event, the EGE or the payment processing supplier is responsible for management of the SAQ process as relates to that portion of the application capturing payment card information. Website Accessibility. The Portal Integrator will comply with the requirements of state and federal accessibility rules and laws, including but not limited to those established in Colorado HB21-1110, Colorado SB23-244, 8 CCR 1501-11 (Rules Establishing Technology Accessibility Standards), and C.R.S. § 24-34-801 et seq. as relates to any website provided by SIPA to EGE to ensure that the platform on which the website is built and hosted is compliant. EGE agrees to comply with the requirements of state and federal accessibility rules and laws as relates to any website provided by SIPA to EGE to ensure that the content of any website provided by SIPA to EGE is compliant. Software Piracy Prohibition. No State or other public funds payable under this Agreement shall knowingly be used for the acquisition, operation, or maintenance of computer software in violation of United States copyright laws or applicable licensing restrictions. SIPA hereby certifies that, for the term of this Agreement and any extensions, SIPA has in place appropriate systems and controls to prevent such improper use of public funds. If EGE determines that SIPA is in violation of this paragraph, EGE may exercise any remedy available at law or equity or under this Agreement, including, without limitation, immediate termination of the Agreement and any remedy consistent with United States copyright laws or applicable licensing restrictions. Notices. All notices required or permitted under this Agreement shall be in writing and delivered personally, by facsimile, by email or by first class certified mail, return Page 42 of 403 2024 Statewide Internet Portal Authority Eligible Government Entity Agreement Page 6 of 7 receipt. If delivered personally, notice shall be deemed given when received. If delivered by facsimile or email, notice shall be deemed given upon full transmission of such notice and confirmation of receipt during regular business hours. If delivered by mail, notice shall be deemed given at the date and time indicated on the return receipt. Notices shall be delivered to: If to SIPA: Statewide Internet Portal Authority Attn: EGE Administrator 950 South Cherry Street, Suite 900 Denver, CO 80246 Phone: (720) 409-5634 sipa@cosipa.gov If to EGE: Attn: Street Address: City, State, Zip: Phone: Email: and/or Attn: Street Address: City, State, Zip: Phone: Email: and to other address or addresses as the parties may designate in writing. Third Party Beneficiary. EGE shall enjoy those rights of a third party as may be set forth expressly in any contract between SIPA and its suppliers under which SIPA provides electronic information, products, and services to EGE. Disputes. Any failure of either Party to perform in accordance with the terms of this Agreement shall constitute a breach of the Agreement. Any dispute concerning the performance of this Agreement which cannot be resolved at the operational level shall be referred to superior management and staff designated by each Party. Failing resolution at this level, EGE may ask the SIPA Board of Directors to address the dispute. If the dispute is not resolved after reference to the SIPA Board of Directors, the Parties may use whatever procedures may be available, including but not limited to termination of the Agreement. Page 43 of 403 2024 Statewide Internet Portal Authority Eligible Government Entity Agreement Page 7 of 7 This Agreement is entered into as of the day and year set forth above. Sign Ajay Bagal, Executive Director Statewide Internet Portal Authority Print Name___________________ Date Signed: Title __________ Entity_______________________ Date Signed:__________________ Page 44 of 403 1 ORDINANCE COUNCIL BILL NO. 33 NO. INTRODUCED BY COUNCIL SERIES OF 2024 MEMBER _________________ A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND THE COLORADO STATEWIDE INTERNET PORTAL AUTHORITY FOR THE ELIGIBLE GOVERNMENTAL ENTITY AGREEMENT BETWEEN THE COLORADO STATEWIDE INTERNET PORTAL AUTHORITY AND THE CITY OF ENGLEWOOD WHEREAS, Sections 24-37.7-102 to 24-37.7-114, C.R.S. created the Statewide Internet Portal Authority (SIPA); and WHEREAS, the Colorado Legislature created SIPA to grant access to technology, electronic information products, and services to state and local governments; and WHEREAS, SIPA negotiates partnerships and prices with private vendors for technology products and services; and WHEREAS, the City has the opportunity to participate in SIPA negotiated cooperative agreements; and WHEREAS, SIPA provides grant programs for local government entities; and WHEREAS, SIPA grant opportunities would enhance the digital services provided to the residents of the City by improving digital platforms and services by modernizing infrastructure; and WHEREAS, applying for SIPA grants could lead to significant cost savings for the City; and WHEREAS, SIPA requires eligible local governments to enter into a cooperative agreement to access SIPA resources and programs; and WHEREAS, the passage of this Ordinance will authorize the City of Englewood to enter into an Intergovernmental Agreement between the City of Englewood and the Colorado Statewide Internet Portal Authority; and WHEREAS, Article XIV, Section 18(2)(a) of the Constitution of the State of Colorado, and Part 2, Article 1, Title 29, C.R.S. encourages and authorizes intergovernmental agreements; and Page 45 of 403 2 WHEREAS, Sections 29-1-203 and 29-1-203.5, C.R.S. authorize governments to cooperate and contract with one another to provide any function, service, or facility lawfully authorized to each. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The City Council of the City of Englewood, Colorado hereby authorizes execution by the City of an Intergovernmental Agreement with the Colorado Statewide Internet Portal Authority for the Eligible Governmental Entity Agreement between the Colorado Statewide Internet Portal Authority and the City of Englewood, in the form substantially the same as that attached hereto. 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 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 Page 46 of 403 3 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. Page 47 of 403 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Brad Power, Darren Hollingsworth DEPARTMENT: Community Development DATE: August 5, 2024 SUBJECT: CB-19 Assignment to City and County of Denver of the City of Englewood 2024 Private Activity Bond Allocation DESCRIPTION: Assignment of Englewood's 2024 Private Activity Bond (PAB) allocation of $2,118,260 to the City and County of Denver to facilitate the conversion of an office building at 4340 South Monaco Street in Denver to affordable housing. Private Activity Bonds are tax-exempt bonds issued by states, local governments or housing authorities to facilitate investment in eligible activities by non-governmental borrowers. RECOMMENDATION: Staff recommends that city council adopt an ordinance to transfer the City of Englewood's 2024 Private Activity Bond (PAB) allocation of $2,118,260 to the City and County of Denver to facilitate the conversion of a vacant office building at 4340 South Monaco Street in Denver to affordable housing. PREVIOUS COUNCIL ACTION: In 2015, the council directed Englewood's PAB allocation to the Colorado Housing and Finance Authority, (CHFA). From 2016 through 2022 the allocation reverted to the statewide PAB balance. The council directed the allocation to CHFA in 2023. SUMMARY: The state of Colorado, local governments or housing authorities may issue PABs to facilitate private investment in projects that fulfill specific eligibility criteria, one of which is the construction or acquisition/rehabilitation of housing for low-to moderate-income people. Englewood receives an annual allocation from the statewide PAB balance, based on the city's population. Englewood's 2024 allocation is $2,118,260 from the statewide balance of approximately $735 million. Shea Properties of Denver has proposed the conversion of a vacant office building at 4340 South Monaco Street in Denver to affordable housing and is seeking PAB financing assistance. The City and County of Denver has dedicated a portion of its PAB allocation to the project and is coordinating requests for additional allocations from the City of Centennial and the City of Englewood. ANALYSIS: Private Activity Bonds are administered by the Division of Housing of the Colorado Department of Local Affairs (DOLA). Each year, the state receives a PAB volume cap from the Internal Revenue Service. Colorado law requires that 50% of the cap be reserved for statewide authorities (48% of the total cap is reserved for CHFA and 2% for the Colorado Agricultural Page 48 of 403 Development Authority). The remaining 50% of the cap is assigned to local governments and authorities based on their share of the Colorado population. Englewood's 2024 allocation is $2,118,260. Municipalities or authorities may issue tax-exempt PABs based on their allocation limits, but they have no obligation to repay investors. Investors purchase the bonds and receive payments and interest from the proceeds associated with the development of an eligible project. Eligible projects for PAB investment include: New construction or acquisition/rehabilitation of housing for low-to moderate-income people. Single family mortgage revenue bonds sold by local and state agencies for mortgages for low-and moderate-income people. Mortgage Credit Certificates (MCC) which is a bond allocation for qualified homebuyers. The CHFA ceased MCC's a few years ago. Manufacturing "small issue" industrial development bonds (not to exceed $10 million) for construction of manufacturing facilities that produce goods. Qualified redevelopment bonds for acquiring property in blighted areas, prepare land for redevelopment, and relocate occupants or structures on the acquired property. Exempt facility bonds for hazardous waste facilities, solid waste disposal facilities, water and sewer facilities and multifamily housing bonds. Qualified 501(c) (3) bonds for use by non-profit hospitals and private universities. Shea Properties has proposed the conversion of a vacant office building constructed in 2001 at 4340 South Monaco Street in Denver to 143 units of affordable housing at an average targeted income level of 60% of the area median income (AMI). Housing units would range from studios to four-bedroom residences. The City and County of Denver has requested allocations of PAB capacity to support the project from several governmental entities. To date, the City and County of Denver has allocated approximately $6 million of PAB capacity to the project and the City of Centennial has allocated approximately $6.7 million. Englewood's full 2024 PAB allocation has been requested to be added to the pooled bonding capacity in order to facilitate the project. A private entity has not approached city staff in 2024 with a proposal to utilize Englewood's 2024 PAB allocation for an eligible project within the city. Innovative Housing Concepts (Englewood Housing Authority) staff have also indicated that a project in 2024 is not likely to be presented to the authority and that dedicating the PAB allocation to the proposed project would be an appropriate option. If Englewood does not allocate the PAB capacity to a specific project or to another qualified entity by September 15, 2024, the balance will revert to the State of Colorado for allocation on a statewide basis. In recent years, Englewood's allocation has reverted to the state, or it has been specifically dedicated to CHFA. Englewood has not previously issued PABs or directed its PAB allocation to a specific eligible project. Should council choose to allocate Englewood's PAB capacity to the project, the City and County of Denver will be the entity that facilitates the PAB issuance and administration. Staff will conduct discussions with all of the public entities that contribute bond capacity to the project and with state representatives to explore an appropriate and proportionate distribution of affordable housing unit credits associated with Proposition 123. The state Department of Local Affairs is aware of this objective. Page 49 of 403 Although the project will not be within in the boundaries of the city, the project location near the intersection of Quincy Avenue and I-25 (4340 S Monaco Street), is approximately four miles from the center of Englewood. Shea Properties has pledged to work with the city and Innovative Housing Concepts to market the project to eligible persons in Englewood. The project would represent a regional cooperative effort to provide much needed affordable housing within the southern portion of the metro area. It would also be an innovative project that would convert an office building to affordable housing, a development concept that is often structurally and financially challenging and that is still emerging within the region. COUNCIL ACTION REQUESTED: Approval of an ordinance to direct the 2024 City of Englewood Private Activity Bond allocation in the amount of $2,118,260 to the City and County of Denver to facilitate the affordable housing development project proposed for 4340 South Monaco Street in Denver. FINANCIAL IMPLICATIONS: Private Activity Bond allocations are not cash, and no funds will be transferred. The transfer to Denver is limited to Englewood's 2024 PAB capacity. Should the city council not elect to allocate the capacity to facilitate the proposed project, the allocation may be directed to another qualified issuing entity by September 15, 2024 (e.g. CHFA), or the allocation will revert to the State of Colorado if no action is taken. CONNECTION TO STRATEGIC PLAN: Affordable Housing - Explore and implement opportunities to increase affordable housing opportunities in Englewood. Explore opportunities for funding affordable housing programs, including Proposition 123. ATTACHMENTS: Presentation CB#19 Assignment of Allocation Page 50 of 403 SHEA OFFICE CONVERSION TO AFFORDABLE HOUSING Pa g e 5 1 o f 4 0 3 WHAT WE’LL COVER Location Existing Property Project Overview Concept Plans Financials Our Request Pa g e 5 2 o f 4 0 3 Pa g e 5 3 o f 4 0 3 MARINA SQUARE A UNIQUE OPPORTUNITY FOR SOUTH DENVER Pa g e 5 4 o f 4 0 3 EXISTING PROPERTY Pa g e 5 5 o f 4 0 3 EXISTING DEVELOPED SITE Pa g e 5 6 o f 4 0 3 LOOKING EAST Pa g e 5 7 o f 4 0 3 LOOKING NORTHPa g e 5 8 o f 4 0 3 MOUNTAIN VIEWS Pa g e 5 9 o f 4 0 3 PROJECT OVERVIEW Pa g e 6 0 o f 4 0 3 PROJECT OVERVIEW CONSTRUCTED DATE 2001 EXISTING BUILDING TYPE 124,000 SF Office; 100% Vacant PARKING Surface and Garage Parking PROJECT TYPE Affordable Housing Adaptive Reuse UNIT COUNT 143 UNIT TYPES Studio –4 Bedroom AMENITIES Bike and Tenant Storage, Laundry, Fitness, Clubroom, Outdoor Grills FINANCING 4% LIHTC; 60% AMI TOD LOCATION Bus Station on Site, Less Than 1 Mile to Belleview Light Rail Station, Local Micro-mobility Pa g e 6 1 o f 4 0 3 PROJECT HIGHLIGHTS This Adaptive Reuse Serves Local, State, and Federal Goals Building Has Advantageous Attributes Project Will Serve the Denver South Region Shea Properties Experience Is in Developing and Managing Commercial Office Properties and Residential Communities Pa g e 6 2 o f 4 0 3 Q1 2024 Q2 Q3 Q4 Q1 2025 Q2 Q3 Q4 Q1 2026 Q2 Q3 Jan 2024 - Apr 2025 May 2026 - Oct 2026 Zoning and Cost Discovery Financing / Private Activity Bonds Construction Lease-Up Dec Execute PSA Dec End Due Diligence $6M HOST Feb Jun Deed Restriction $6.7M Centennial Apr Jan 2024 - Jun 2024 May 2025 – Apr 2026 Q4 $2.1M Englewood Jun $11.8M HOST/CHFA Nov Q4 2023 Close Acquisition Apr Close Financing Apr BUILDING ACQUISITION FINANCING Q1 2027 Q2 Seller Note Maturity Apr Perm Loan Conversion Apr 100% Occupied Oct PROJECT TIMELINE CHFA Application Aug Pa g e 6 3 o f 4 0 3 CONCEPT PLANS Pa g e 6 4 o f 4 0 3 1st FLOOR AMENITIES STUDIO 1 BEDROOM 2 BEDROOM ELEVATORS UTILITIES, CORRIDORS LOBBY, LEASING, MAIL Pa g e 6 5 o f 4 0 3 FLOORS 2 -4 AMENITIES STUDIO 1 BEDROOM 2 BEDROOM ELEVATORS UTILITIES, CORRIDORS 4 BEDROOM 3 BEDROOM Pa g e 6 6 o f 4 0 3 FINANCIALS Pa g e 6 7 o f 4 0 3 HOW 4% LIHTC FINANCING WORKS •PAB (PRIVATE ACTIVITY BONDS) Tax Exempt Bonds (Debt) Issued by State or Local Governments for Private Projects that Serve the Public Interest; Must Cover >50% of Project Cost •LIHTC (LOW INCOME HOUSING TAX CREDIT PROGRAM) Program that Provides Equity Financing for Affordable Housing LOCAL •Englewood Received $2.1M •If Not Used Within Jurisdiction or Assigned, Reverts to State STATE •Received $600M •½ to CHFA (Statewide Use) •½ to Local Jurisdictions Based on Population •Population-Based PAB Awards for Each State FEDERAL Pa g e 6 8 o f 4 0 3 PAB REQUIREMENT & CAPITAL STACK CAPTIAL STACK SERIES A BOND $24,210,000 FEDERAL TAX CREDIT EQUITY 21,643,000 STATE TAX CREDIT EQUITY 4,752,000 DEFERRED FEES 2,910,000 INTERIM INCOME 820,000 TOTAL SOURCES $54,355,000 PAB BREAKDOWN TOTAL COSTS $54,355,000 ELIGIBLE BASIS 53,200,000 x 50% =$26,600,000 TOTAL PAB REQUEST $26,600,000 Pa g e 6 9 o f 4 0 3 PAB FUNDING NEED: $26.6M AWARD SOURCE $6.0M DENVER 2024 (APPROVED FEB 2024) $6.7M CENTENNIAL (APPROVED MAY 2024) $2.1M ENGLEWOOD (TODAY’S REQUEST) $14.8M SUBTOTAL REMAINING SOURCE $11.8M DENVER 2025, CHFA, OTHERS $26.6M TOTALPa g e 7 0 o f 4 0 3 PROJECT ADVANTAGES Repurposes Unused Office Space 100% Affordable at Average 60% AMI Adds Affordable Residential to South Denver Shea is Well Positioned to Successfully Complete a Complex Adaptive Reuse Project Regional Success Story with Multi - Jurisdictional ContributionPa g e 7 1 o f 4 0 3 OUR REQUEST Assignment of Englewood’s Direct Allocation of PAB to this Regional Project THANK YOU FOR YOUR CONSIDERATION Pa g e 7 2 o f 4 0 3 Pa g e 7 3 o f 4 0 3 ASSIGNMENT THIS ASSIGNMENT (this “Assignment”), dated as of the ________, 2024, is by and between the CITY OF ENGLEWOOD, COLORADO (the “Assignor”), a Colorado home rule municipal corporation, and THE CITY AND COUNTY OF DENVER, COLORADO (the “Assignee”), a legally and regularly created, established, organized and existing home rule city, municipal corporation and political subdivision under the provisions of Article XX of the Constitution of the State of Colorado; W I T N E S S E T H : WHEREAS, the Assignor has been awarded $2,118,260 (the “2024 Allocation”) of private activity bond volume cap allocation for the State of Colorado (the “State”) and its issuing authorities (the “State Ceiling”) computed under Section 146(d) of the Internal Revenue Code of 1986, as amended (the “Code”), and under the Colorado Private Activity Bond Ceiling Allocation Act, Part 17 of Article 32 of Title 24, Colorado Revised Statutes, as amended (the “Allocation Act”), for use in the issuance of private activity bonds; and WHEREAS, subject to the terms and conditions set forth herein, the Assignor desires to assign to the Assignee, and the Assignee desires to accept all $2,118,260 of the Assignor’s 2024 Allocation, which the Assignor has committed and reserved for the issuance of such private activity bonds; and WHEREAS, the private activity bonds will be issued by the Assignee pursuant to Part 5 of Article 4 of Title 29, Colorado Revised Statutes, as amended (the “Act”), and the Supplemental Public Securities Act, Part 2 of Article 57 of Title 11, Colorado Revised Statutes, as amended (the “Supplemental Act”), and such bonds will be used only for a “project” as described under the Act and located at 4340 South Monaco Street, Denver, Colorado (the “Project”); and NOW THEREFORE, in exchange for the agreements set forth herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: Section 1. The Assignor hereby assigns and transfers to the Assignee all of the Assignor’s 2024 Allocation. The Assignee agrees to use all of the Assignor’s 2024 Allocation only for the Project. In addition, the Assignor hereby consents to the election by the Assignee, if the Assignee in its discretion so decides, to treat all of the Assignor’s 2024 Allocation as an allocation for a project with a carryforward purpose, thus avoiding reversion of such 2024 Allocation to the statewide balance under the Allocation Act. Section 2. The Assignor represents that it has received no monetary consideration for the assignment set forth above. Section 3. The Assignee hereby accepts the assignment of all of the Assignor’s 2024 Allocation from the State Ceiling described above, subject to the terms and conditions contained herein. Page 74 of 403 Section 4. This Assignment shall not constitute the debt or indebtedness or financial obligation of the Assignor within the meaning of the constitution or statutes of the State of Colorado, nor give rise to a pecuniary liability or charge against the general credit or taxing power of the Assignor. Section 5. To the extent permissible by law, the Assignee will indemnify, hold and defend the Assignor free and harmless from any loss, claim, damage, tax, penalty, liability, disbursement, litigation expense, attorney’s fees and expenses or court costs arising out of or in any way relating to the execution or performance of this Assignment, the financing of the Project, the acceptance of the assignment by the Assignee or any cause whatsoever pertaining to the assignment by the Assignor to the Assignee to finance the Project. Section 6. The Assignor and Assignee each agree that it will take such further action and adopt such further proceedings as may be required to implement the terms of this Agreement, including but not limited to the Assignee filing, an IRS Form 8328 “Carryforward Election of Unused Private Activity Bond Volume Cap” with respect to all of the Assignor’s 2024 Allocation. Section 7. This Assignment is effective upon execution and is irrevocable. Page 75 of 403 IN WITNESS WHEREOF, the Assignor and the Assignee have caused this instrument to be executed to be effective as of the date and year first written above. CITY OF ENGLEWOOD, COLORADO, as Assignor Othoniel Sierra, [SEAL] ATTEST: Approved as to Form: City Attorney’s Office Stephanie Carlile, City Clerk Sergio Renteria, Assistant City Attorney Page 76 of 403 (ASSIGNEE’S CONSENT SIGNATURE PAGE ADDED FOR REFERENCE PURPOSES ONLY EXECUTED PAGE WILL BE CREATED VIA ASSIGNEE’S E-SIGN PROCESS) ATTEST: CITY AND COUNTY OF DENVER By: MAYOR Clerk and Recorder, Ex-Officio Clerk of the City and County of Denver APPROVED AS TO FORM: Attorney for the City and County of Denver REGISTERED AND COUNTERSIGNED By: Manager of Finance By: City Attorney By: Auditor Page 77 of 403 1 ORDINANCE COUNCIL BILL NO. 19 NO. _____ INTRODUCED BY COUNCIL SERIES OF 2024 MEMBER WARD AN ORDINANCE APPROVING ASSIGNMENT TO THE CITY AND COUNTY OF DENVER, COLORADO OF THE CITY OF ENGLEWOOD, COLORADO’S $2,118,260 2024 PRIVATE ACTIVITY BOND VOLUME CAP ALLOCATION FROM THE STATE CEILING FOR PRIVATE ACTIVITY BONDS; AND AUTHORIZING THE EXECUTION AND DELIVERY OF AN ASSIGNMENT AND OTHER DOCUMENTS IN CONNECTION THEREWITH WHEREAS, the City of Englewood, Colorado (the "City") had been awarded on January 12, 2024, $2,118,260 (the "2024 Allocation") of the bond ceiling for the State of Colorado (the "State") and its issuing authorities pursuant to the Colorado Private Activity Bond Ceiling Allocation Act, constituting Part 17 of Article 32 of Title 24, Colorado Revised Statutes, as amended (the "Allocation Act"), for use in the issuance of private activity bonds; and WHEREAS, the Allocation Act provides for the assignment of bond allocations between "issuing authorities" (as defined in the Allocation Act) of the State; and WHEREAS, City and County of Denver, Colorado (the "Assignee") is authorized to issue housing revenue bonds constituting private activity bonds pursuant to its Charter and the County and Municipality Development Revenue Bond Act, constituting Article 3, Title 29, Colorado Revised Statutes, as amended (the "Act") and the Supplemental Public Securities Act, Part 2, Article 57, Title 11 of the Colorado Revised Stah1tes, as amended, (the "Supplemental Act"); and WHEREAS, the City desires to assign and transfer to the Assignee who has agreed to accept such assignment all of the City's 2024 Allocation, which the City and the Assignee will commit and reserve for the issuance of such private activity bonds; and WHEREAS, it is necessary to evidence such assignment and transfer and the acceptance thereof by the execution and delivery by the City of an Assignment (the "Assignment"), by and between the City and the Assignee; and WHEREAS, such agreements with governmental entities are required to be approved by Ordinance pursuant to Englewood Home Rule Charter Section 79; and WHEREAS, the Assignee proposes to issue its housing revenue bonds pursuant to the Act and the Supplemental Act, to finance a "project" as defined under the Act and located at 4340 South Monaco Street, Denver, Colorado (the "Project"). NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. In order to finance the Project, the City Council of the City of Englewood, Colorado hereby (i) assigns and transfers to the Assignee an amount equal to its 2024 Allocation and (ii) approves, authorizes and directs execution by the City of all documents necessary to effectuate this Assignment of Allocation in the form substantially the same as that attached hereto. A copy of the proposed Assignment is on file in the office of the City Clerk and is available for inspection by the public. Page 78 of 403 2 Section 2. General Provisions Applicable to this Ordinance The following general provisions and findings are applicable to the interpretation and application of this Ordinance: A. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or its application to other persons or circumstances. B. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. C. Effect of repeal or modification. The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. D. Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. This Safety Clause is not intended to affect a Citizen right to challenge this Ordinance through referendum pursuant to City of Englewood Charter 47. E. Publication. Publication of this Ordinance may be in the City’s official newspaper, the City’s official website, or both. Publication shall be effective upon the first publication by either authorized method. F. Actions Authorized to Effectuate this Ordinance. The Mayor is hereby authorized and directed to execute all documents necessary to effectuate the approval authorized by this Ordinance, and the City Clerk is hereby authorized and directed to attest to such execution by the Mayor where necessary. In the absence of the Mayor, the Mayor Pro Tem is hereby authorized to execute the above-referenced documents. The execution of any documents by said officials shall be conclusive evidence of the approval by the City of such documents in accordance with the terms thereof and this Ordinance. City staff is further authorized to take additional actions as may be necessary to implement the provisions of this Ordinance, and has authority to correct formatting and/or typographical errors. G. Enforcement. To the extent this ordinance establishes a required or prohibited action punishable by law, unless otherwise specifically provided in Englewood Page 79 of 403 3 Municipal Code or applicable law, violations shall be subject to the General Penalty provisions contained within EMC § 1-4-1. Introduced and passed on first reading on the 22nd day of July, 2024; and on second reading, in identical form to the first reading, on the ___ day of ____________, 2024. Othoniel Sierra, Mayor ATTEST: _________________________________ Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of an Ordinance, introduced and passed in identical form on first and second reading on the dates indicated above; and published two days after each passage on the City’s official website for at least thirty (30) days thereafter. The Ordinance shall become effective thirty (30) days after first publication on the City’s official website. Stephanie Carlile Page 80 of 403 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Nancy Fenton DEPARTMENT: Community Development DATE: August 5, 2024 SUBJECT: Ordinance for an Amendment to the Intergovernmental Joint Cooperation Agreement and Home Investment Partnerships (HOME) Consortium Agreement between Arapahoe County and City of Englewood DESCRIPTION: Ordinance approving an Intergovernmental Joint Cooperation Agreement and Home Investment Partnerships (HOME) Consortium Agreement between Arapahoe County and City of Englewood for Grant Years 2025-2027 RECOMMENDATION: Staff recommends city council approve an ordinance for an amendment to the three-year Intergovernmental Joint Cooperation Agreement and HOME Consortium Agreement with Arapahoe County for grant years 2025-2027. PREVIOUS COUNCIL ACTION: City council approved the following ordinances authorizing the city's participation in the Urban County Entitlement Program: Ordinance 37, Series of 1991 authorizing initial participation in the Urban County Entitlement Program for grant years 1992-1994; Ordinance 39, Series of 1994, which was extended by Amendments Nos. 1-3, for grant years 1995-2006; Ordinance 13, 2006 for grants years 2007-2009; Ordinance 22, Series 2009 for grant years 2010-2012; Ordinance 25, Series 2012 for grant years 2013-2015; Ordinance 19, Series 2015 for grant years 2016-2018; Ordinance 12, Series 2018 for grant years 2019-2021; and Ordinance 20, Series 2021 for grant years 2022-2024. SUMMARY: Arapahoe County is designated as an urban county which entitles the county to receive Community Development Block Grant (CDBG) and HOME funds directly from the U.S. Department of Housing and Urban Development (HUD). These programs provide funds to local communities for housing rehabilitation, public facilities and services, improved infrastructure, and improved economic opportunities for low- and moderate-income persons. Funds may also be used for activities that eliminate slums or blight, or for projects that meet urgent community needs. The City of Englewood has dedicated CDBG funding to operate the Energy Efficiency Page 81 of 403 Englewood (E3) program, which offers funds to income eligible homeowners to make energy efficiency related home improvements. ANALYSIS: Arapahoe County is in the process of requalifying as an urban county for the funding years 2025, 2026, and 2027. The county is required to inform each unit of general local government that the municipality has the right to elect to be included or excluded from the urban county designation. Municipalities that previously entered into an intergovernmental agreement (IGA) with Arapahoe County were recently notified that the IGA approved by city council in 2021 will be automatically renewed per paragraph 19 of the attached agreement, which was approved by Ordinance 20. Series 2021. The sole focus of the county's request is an amendment to the IGA to update the grant cycle from May 1 - April 30, to October 1 - September 30 to align with the federal fiscal year. In addition to Englewood, the cities of Centennial, Greenwood Village, Glendale, Littleton and Sheridan and the Town of Deer Trail participate in the three-year cooperation agreement with Arapahoe County. The CDBG and HOME funds are allocated by statutory formula to each urban county. This formula takes into account the age of the participating communities' housing stock, poverty levels and jurisdiction. Each local jurisdiction must apply annually for its share of funding. Since 1992, the City of Englewood has received over $5 million in combined CDBG and HOME funds from Arapahoe County to support local projects. The authorization of this amendment will allow the city to receive its share of the FY2025-2027 funds for the continuation of the E3 program. For fiscal years 2021-2023, the city assisted approximately 40 low- and moderate-income homeowners with energy grants utilizing CDBG funds. COUNCIL ACTION REQUESTED: Staff recommends city council approve an ordinance for an amendment to the three-year Intergovernmental Joint Cooperation Agreement and HOME Consortium Agreement with Arapahoe County for grant years 2025-2027. FINANCIAL IMPLICATIONS: There is no direct financial impact to the city. Community Development staff have managed this agreement in prior years and will continue to coordinate future approved funding and projects. One staff member's salary and benefits are partially offset by a portion of the awarded CDBG funds. Exact grant amounts available for the years covered in the amended agreement are subject to annual federal budget approval and are currently unknown. During the grant years 2021-2023, the city received an average of $150,000 in CDBG funds. The city submitted its FY2024 CDBG application on June 4, 2024 requesting $200,000. CONNECTION TO STRATEGIC PLAN: The E3 program, which is funded through Englewood's annual CDBG allocation addresses the following elements of the strategic plan: 1. Neighborhoods: Ensure affordability 2. Safety: Ensure well maintained residential and commercial properties throughout the city. Page 82 of 403 3. Sustainability: Promote homeowner and business conservation and sustainability efforts. Grant funds received through the IGA allow low- and moderate-income Englewood homeowners to stay in their homes and implement energy efficient upgrades, which reduces their overall housing costs. ATTACHMENTS: CB#21 Intergovernmental Joint Cooperation Agreement and Home Consortium Agreement Intergovernmental Joint Cooperation Agreement and HOME Consortium Agreement for grant years 2022-2024 Page 83 of 403 1 ORDINANCE NO. ____ COUNCIL BILL NO. 21 SERIES OF 2024 INTRODUCED BY COUNCIL MEMBER WARD AN ORDINANCE AUTHORIZING AN AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT BETWEEN ARAPAHOE COUNTY, COLORADO, SEVERAL CITIES WITHIN ARAPAHOE COUNTY, AND THE CITY OF ENGLEWOOD, COLORADO RELATING TO THE CONDUCT OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIP (HOME) PROGRAMS. WHEREAS, the City Council of the City of Englewood approved the execution of an Intergovernmental Agreement between the City of Englewood and Arapahoe County by passage of Ordinance No. 39, Series of 1994, covering the City’s participation in the Arapahoe County CDBG Entitlement Program as extended by Amendment No. 3, for funding years 2004 through 2006; and WHEREAS, the Englewood City Council passed Ordinance No. 13, Series of 2006 and that was modified by Amendment No. 1 dated February, 2007 relating to participation in the Urban County Entitlement Program for CDBG and HOME funds for 2007 through 2009; and WHEREAS, the Englewood City Council authorized continued participation from 2009 through 2024 through the passage of additional legislation as follows: Ordinance No. 38 Series of 2006, Ordinance No. 22 Series of 2009; Ordinance No. 25 Series of 2012, Ordinance No. 19 Series of 2015, Ordinance No. 12 Series of 2018, Ordinance No. 20 Series of 2021; and WHEREAS, the passage of this Ordinance authorizes the execution of an Amendment to the Intergovernmental Cooperation Agreement between Arapahoe County and Englewood relating to the conduct of Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME) programs for program grant years through September 30, 2025; and WHEREAS, the Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME) programs incorporate funds from the U.S. Department of Housing and Urban Development (HUD). NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The City Council of the City of Englewood, Colorado hereby authorizes execution of an Amendment to the Intergovernment Joint Cooperation Agreement and Home Consortium Agreement Between Arapahoe County, Colorado and the Cities of Centennial, Englewood, Greenwood Village, Glendale, Littleton and Sheridan, and the Page 84 of 403 2 Town of Deer Trail, Colorado Relating to the Conduct of the Community Development Block Grant Program and Home Investment Partnerships Program For Grant Years 2022 Through 2024. The Amendment shall be in substantially the same form as that attached hereto. The Intergovernmental Agreement, as amended, further contains automatic renewal provisions, and the City shall be authorized to execute any document or agreement necessary to effectuate said automatic renewal without additional, specific authorizing legislation by City Council. Section 2. The following general provisions and findings are applicable to the interpretation and application of this Ordinance: A. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or its application to other persons or circumstances. B. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. C. Effect of repeal or modification. The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. D. Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. This Safety Clause is not intended to affect a Citizen right to challenge this Ordinance through referendum pursuant to City of Englewood Charter 47. E. Publication. Publication of this Ordinance may be 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. Page 85 of 403 3 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, including to accept funds for and on behalf of the City of Englewood, Colorado. G. Enforcement. To the extent this ordinance establishes a required or prohibited action punishable by law, unless otherwise specifically provided in Englewood Municipal Code or applicable law, violations shall be subject to the General Penalty provisions contained within EMC § 1-4-1. Introduced and passed on first reading on the 17th day of June, 2024; and on second reading, in identical form to the first reading, on the ___ day of ____________, 2024. Othoniel Sierra, Mayor ATTEST: _________________________________ Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of an Ordinance, introduced and passed in identical form on first and second reading on the dates indicated above; and published two days after each passage on the City’s official website for at least thirty (30) days thereafter. The Ordinance shall become effective thirty (30) days after first publication on the City’s official website. Stephanie Carlile Page 86 of 403 1 INTERGOVERNMENTAL JOINT COOPERATION AGREEMENT AND HOME CONSORTIUM AGREEMENT BETWEEN ARAPAHOECOUNTY, COLORADO AND THE CITIES OF CENTENNIAL, ENGLEWOOD, GLENDALE, GREENWOOD VILLAGE, LITTLETON, SHERIDAN, AND THE TOWN OF DEER TRAIL, COLORADO RELATING TO THE CONDUCT OF COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND HOME INVESTMENT PARTNERSHIPS PROGRAM FOR FEDERAL FISCAL YEARS 2025 THROUGH 2027 THIS AGREEMENT is entered into and shall be effective as of October 1, 2024, by and between the Board of County Commissioners of Arapahoe County, Colorado (the "County"), a body corporate and politic of the State of Colorado, and the Cities of Centennial, Englewood, Glendale, Greenwood Village, Littleton, Sheridan, and the Town of Deer Trail (collectively the "Municipalities" and individually the “Municipality”), municipal corporations of the State of Colorado located in Arapahoe County. RECITALS A. In 1974 the U.S. Congress enacted the Housing and Community Development Act of 1974, as since amended (42 U.S.C. 5301 et seq.) ("HCDA"), permitting and providing for the participation of the United States government in a wide range of local housing and community development activities and programs under Title I of HCDA which activities and programs are administered by the U.S. Department of Housing and Urban Development ("HUD"); and the Home Investment Partnerships Program ("HOME") was enacted under Title II (42 U.S.C. 12701-12839) of the Cranston-Gonzalez National Affordable Housing Act ("NAHA") which activities and programs are administered by HUD; B. The primary objective of Title I of HCDA is the development of viable urban communities, by providing decent housing and a suitable living environment and expanding economic opportunities, principally for persons of low and moderate income, and the primary objective of the HOME program is to expand the supply of decent, safe, sanitary and affordable housing for low- and moderate-income Americans. These objectives are to be accomplished by the federal government providing financial assistance pursuant to HCDA and NAHA in the form of Community Development Block Grant ("CDBG") funds and HOME funds to the state and local governments to be used in the conduct and administration of housing and community development activities and projects as contemplated by the primary objectives of the CDBG and HOME Programs; Page 87 of 403 2 C. To implement the policies, objectives and other provision of HCDA and NAHA, HUD has issued rules and regulations governing the conduct of CDBG programs, published in 24 Code of Federal Regulations (CFR), Part 570, which regulations provide that a county may qualify as an "Urban County", as defined in Section 570.3 of the regulations, and thereby become eligible to receive entitlement grants from HUD for the conduct of CDBG and HOME Programs as an Urban County and also in 24 CFR, Part 92, governing the HOME program, which regulations provide that an Urban County may form a consortium with a metropolitan city within the county, as outlined in Section 92.101, and that a metropolitan city that qualifies for a separate entitlement grant may be included as a part of the Urban County and HOME consortium by entering into a cooperation and consortium agreement with the Urban County in accordance with the requirements of 24 CFR Parts 92 and 570 (the “Regulations”); D. The County has heretofore qualified under the Regulations as an "Urban County" and will receive CDBG and HOME funds from HUD by annual grant agreements, and the Municipalities located in the County will be included as a part of the County in its CDBG Programs and through the consortium will be able to participate in the HOME program; E. The City of Centennial is classified as a metropolitan city and qualifies for a separate entitlement grant that may be included as a part of the Urban County and HOME consortium by entering into a cooperation and consortium agreement with the Urban County in accordance with the requirements of the Regulations. The City of Centennial has been a part of the Urban County and HOME consortium for over ten years; F. In 1981, and again since then, HUD amended the Regulations, pursuant to amendments of HCDA, revising the qualification period for urban counties by providing that the qualifications by HUD of an Urban County and/or HOME consortium shall remain effective for three successive Federal fiscal years regardless of changes in its population during that period, except for failure of an Urban County to receive a grant during any year of that period, and also providing that during the three year period of qualification, no included city or other unit of general local government may withdraw or be removed from the Urban County or HOME consortium for HUD's grant computation purposes, but a non-participating city or other unit of general local government may be added to the Urban County during the second and third years of the three-year period; also, the HOME consortium may add members during the three year qualification period at the discretion of the lead entity through the execution of a consortium agreement; G. In 2024, the County now submit to HUD the required documentation to qualify as an Urban County, including the Consolidated Plan and the One Year Action Plan, pursuant to Section 570.307 of the regulations, so as to become eligible to receive annual CDBG and HOME funds for the next three Program Years from Grant Years 2025, 2026, and 2027 appropriations, and if the Municipalities approve and authorize this agreement, an executed copy thereof will be included in the documentation for this ensuing period of qualification and, if the County qualifies, the Municipalities will thereby be included as a part of the Urban County and HOME consortium and be eligible to participate in the County's CDBG and HOME Programs for the next three Program Years; H. The County recognizes and understands that it does not have independent legal authority to conduct community development and housing assistance activities within the boundaries of the Municipalities and therefore, its ability to conduct the CDBG and HOME Program in the Page 88 of 403 3 Municipalities is limited by the requirement that it must obtain permission from the Municipalities to perform activities therein, and accordingly, in order for the Municipalities to be considered a part of the Urban County and HOME consortium and be included in the County's annual request to HUD for CDBG and HOME funds, it is required by the Regulations that the Municipalities and the County enter into a cooperation agreement (the “CDBG Agreements”) whereby the Municipalities authorize the County to undertake or to assist in undertaking essential community renewal and lower-income housing assistance activities, as approved and authorized between the Parties in the CDBG Agreements, including the Consolidated Plan within the Municipalities as may be specified in the "Consolidated Plan" to be submitted to HUD annually by the County to receive its annual CDBG and HOME entitlement grant; I. Under general provisions of Colorado law governing contracting between governmental entities and by virtue of specific authority granted in Part 2 of Article I of Title 29, C.R.S., any two or more political subdivisions of the state may enter into agreements with one another for joint cooperative action and any one or more political subdivisions may contract with another or with a legal or administrative entity created pursuant to that act to perform any governmental service, activity or undertaking which each political subdivision entering into the contract is authorized by law to perform; and J. Accordingly, the Parties hereto have determined that it will be mutually beneficial and in the public interest of all Parties to enter into this intergovernmental agreement regarding the conduct of the County’s CDBG and HOME Programs. THEREFORE, in consideration of the premises and cooperative actions contemplated hereunder, the Parties agree as follows: 1. By entering into this intergovernmental joint cooperation agreement with the County, the Municipalities shall be included as a part of urban Arapahoe County's HOME consortium for qualification and grant calculation purposes upon the qualification by HUD of the County to receive CDBG and HOME Program entitlements as an Urban County and HOME consortium for the next three successive Program Years/Federal fiscal years: October 1, 2025 through September 30, 2026, October 1, 2026 through September 30, 2027, and October 1, 2027 through September 30, 2028. 2. As required by the Consolidated Plan final rule, 24 CFR part 91, the HOME consortium is on the same program year as the Urban County CDBG program, October 1 through September 30. As provided in Section 570.307 of the Regulations, the qualification of the County as an urban county shall remain effective for the next three successive Federal fiscal years, October 1, 2025 through September 30, 2026, October 1, 2026 through September 30, 2027, and October 1, 2027 through September 30, 2028, regardless of changes in its population during that period of time and the Parties agree that the Municipalities may not withdraw from nor be removed from inclusion in the Urban County for HUD's grant computation purposes during the period of qualification. As provided in Section 92.101 of the Regulations, the qualification of the County as a HOME consortium shall remain effective for three successive Federal fiscal years, regardless of changes in its population during that period of time and the Parties agree that the Municipalities may not withdraw from nor be removed from inclusion in the HOME consortium during the period of qualification. Page 89 of 403 4 3. A fully executed copy of this cooperation agreement, together with the approving resolutions of both the Municipalities and the County, shall be submitted to HUD by the County as part of its qualification documentation and the Municipalities do hereby give the County the authority to carry out CDBG and HOME Program activities and projects which will be funded from annual CDBG and HOME funds from grant years 2025, 2026, and 2027 appropriations and from any Program income generated from the expenditures of those funds. 4. The Municipalities and the County agree to, and shall cooperate in, the preparation of detailed CDBG and HOME Program activities and projects to be conducted or performed in the Municipalities during each of the three program years covered by the Agreement and these finalized activities and projects will be included in the County's Consolidated Plan and requests for funds for those program years. The Municipalities understand and agree, however, that the County shall have final responsibility for selecting the program activities and projects to be included in each annual grant request and project grant request and for filing the Consolidated Plan with HUD on an annual basis. 5. The Parties recognize and understand that the County, as a qualified HOME recipient and Urban County, will be the lead entity required to execute all grant agreements received from HUD pursuant to the County's annual request for CDBG and HOME Program funds and that as the lead entity it assumes overall responsibility for ensuring that the consortium's CDBG and HOME Program is carried out in compliance with the requirements of the CDBG and HOME program, including requirements concerning the Consolidated Plan. Further, the County, as lead entity, will to the extent required by HUD, be the responsible entity under such grant agreements for the overall administration and performance of the CDBG and HOME programs, including the projects and activities conducted within the Municipalities. Accordingly, the Municipalities agree that as to all projects and activities performed or conducted in the Municipalities under any HOME or CDBG grant agreement, which includes the Municipalities, that the County shall have the ultimate supervisory and administrative control. 6. The Municipalities shall cooperate fully with the County in all CDBG and HOME Program efforts planned and performed hereunder and does hereby allow and permit the County to undertake or assist in undertaking essential community development and housing assistance activities within the Municipalities as may be approved and authorized in the County's Agreements, including the Consolidated Plan. The Municipalities and the County also agree to cooperate to undertake, or assist in undertaking, essential community renewal and lower- income housing assistance activities, as approved and authorized between the parties in the CDBG and HOME Program Agreements, including the Consolidated Plan, as they may be planned and specified in the County's Consolidated Plan submitted annually to HUD for the three Program years specified herein and for such additional time as may be required for the expenditure of CDBG and HOME funds granted by the County for such activities. 7. The County, as the lead entity, is authorized to act in a representative capacity as the lead entity for all members of the consortium for the purposes of administering the HOME Program. The County will accept project recommendations for all HOME consortium members but reserves the right to make final funding decisions. No project within the boundaries of the Municipality will be considered for inclusion in the Consolidated Plan unless first approved by the Municipality. Page 90 of 403 5 8. The HOME funds may be accessed by the Municipalities in two ways; the Municipality may approve a project or activity, carried out be a third entity, as appropriate for the needs of the Municipality, and endorse the application, or the Municipality may originate a grant or loan request on its own behalf for an eligible project or activity. If a Municipality applies for HOME funds itself, then the provisions in Paragraph 9 apply. For example, if a Municipality opts to create an eligible homeowner rehabilitation program, the Municipality would be subject to the same requirements as a subrecipient, including a written agreement. If a Municipality approves or endorses a third-party application, then the Municipality's continuing participation in the project or activity is not required. 9. Pursuant to 24 CFR 570.501(b) and 24 CFR 92.504, the Municipalities are subject to the same requirements applicable to subrecipients, including the requirement of a written agreement as set forth in 24 CFR 570.503 and 24 CFR 92.504. 10. The Municipalities understand that pursuant to Section 570.503 and Section 92.504 of the Regulations, it will be necessary for the Municipalities to enter into separate project agreements or sub-grants in writing with the County with respect to the actual conduct of the projects and activities approved for performance in the Municipalities for the three HOME and CDBG Program years covered be the cooperation agreement and that the funds designated in the County's Consolidated Plan for those projects and activities will also be funded to the Municipalities under those separate project agreements or sub-grants. Subject to the provisions of Paragraph 5 above, the Municipalities will administer and control the performance of the projects and activities specified in those separate project agreements, and will be responsible for the expenditure of the funds allocated for each such project or activity and will conduct and perform the projects and activities in compliance with the Regulations and all other applicable federal laws and requirements relating to the CDBG and/or HOME Programs. The Municipalities also understand and agree that they shall also comply with the requirements of Section 570.503 prior to disbursing any CDBG funds to any subrecipient of the Municipality. 11. All HOME and/or CDBG Program funds that are approved by HUD for expenditure under the County's grant agreements for the three Program years covered by this Agreement, including those that are identified for projects and activities in the Municipalities, will be budgeted and allocated to the specific projects and activities described and listed in the County's Consolidated Plan and One Year Action Plan to the Consolidated Plan submitted annually to HUD and those allocated funds shall be used and expended only for the projects or activities to which the funds are identified. No project or activity nor the amount allocated therefore may be changed, modified, substituted or deleted by the Municipalities with respect to any project of activity without the prior written approval of the County and the approval of HUD when that approval is required by the regulations. 12. The County is prohibited from funding activities that do not comply with HUD's policies and regulations concerning fair housing. The Municipalities agree not to take any actions pursuant to funding they receive under this Agreement that would result in the County being in noncompliance with its Fair Housing Certification. The Municipalities acknowledge that noncompliance by the Municipalities may constitute noncompliance by the County, which may provide cause for funding sanctions or other remedial actions by HUD. Urban County funding shall not be used for activities in, or in support of, any locality that does not Page 91 of 403 6 affirmatively further fair housing within its own jurisdiction or that impedes the County's actions to comply with the County's Fair Housing Certification. Each consortium member agrees to affirmatively further fair housing within its own jurisdiction. 13. During the period of performance of this Agreement, as provided in Paragraph 19 below, the Municipalities shall: (a) Inform the County of any income generated by the expenditure of CDBG and/or HOME Program funds received by the Municipality; (b) Pay over to the County any Program Income received by the Municipality, or retain and use that Program Income subject to, and in accordance with, the requirements and provisions of the separate HOME or CDBG project agreements that will be entered into between the Municipality and the County for the actual conduct of the HOME and/or CDBG Programs; (c) Use any Program Income the Municipality is authorized by the County to retain only for eligible activities in accordance with all HOME and CDBG Program requirements as may then apply and as will be specifically provided for in the separate project agreements between the Municipality and the County; (d) Keep appropriate records regarding the receipt of, use of, or disposition of all Program Income and make reports therein to the County as will be required under the separate project agreements between the Municipality and the County, and (e) Pay over to the County any Program Income that may be on hand in the event of close-out or change in status of the Municipality of that may be received subsequent to the close-out or change in status as will be provided for in the separate project agreements mentioned above. 14. The separate project agreements or sub-grants that will be entered into between the County and the Municipalities for the conduct of the CDBG and HOME Programs, as mentioned and referred to elsewhere in this agreement, shall include provisions setting forth the standards which shall apply to any real property acquired or improved by the Municipalities, in whole or in part, using CDBG and HOME Program Funds. These standards will require the Municipalities to: (a) Notify the County in a timely manner of any modification or change in the use of that property from that which was planned at the time of acquisition or improvement and this notice requirement shall include any disposition of such property. (b) Reimburse the County in an amount equal to the current fair market value of property acquired or improved with CDBG or HOME funds (less any portion thereof attributable to expenditures of non-CDBG or HOME funds) that is sold or transferred for a use which does not qualify under the Regulations, and Page 92 of 403 7 (c) Pay over to the County any Program Income that is generated from the disposition or transfer of property either prior to, or subsequent to, any close- out, change of status or termination of this cooperation agreement that is applicable. 15. The Municipalities, by execution of this agreement understand and agree that they may not apply for grants under the small cities or the State CDBG Programs for appropriations for fiscal years during the period in which they are participating in the Urban County's CDBG Program; and may not participate in a HOME consortium except through the Urban County, regardless of whether the Urban County receives a HOME formula allocation. The Municipalities (excluding Centennial) may only receive formula-allocated funds under the HOME program from the Urban County. The Municipality may, however, apply for State HOME funds. The County further understands that it may not seek CDBG funding from the State’s CDBG program while participating in the Urban County’s CDBG Program. 16. The City of Centennial joins the Urban County as a metropolitan city and, as such, agrees to the following special considerations: (a) The grant amount shall be the sum of the amounts authorized for the individual metropolitan city and urban county. The urban county becomes the grant recipient. (b) A metropolitan city in a joint agreement with an urban county is treated the same way as any other unit of general local government that is part of the urban county for purposes of the CDBG program, but not for the HOME or ESG programs. If the metropolitan city does not qualify to receive a separate allocation of HOME funds, to be considered for HOME funding as part of the urban county, it may form a HOME consortium with the urban county. If the metropolitan city qualifies to receive a separate allocation of HOME funds, it may either form a HOME consortium with the county, or it may administer its HOME program on its own. The City of Centennial has chosen to form a HOME consortium with the County instead of administering its own HOME program. (c) A metropolitan city and an urban county that each receives an allocation under ESG and are located within a geographic area that is covered by a single Continuum of Care (CoC) may jointly request the Secretary of HUD to permit the urban county or metropolitan city, as agreed to by such county and city, to receive and administer their combined allocations under a single grant. 17. The County may, in accordance with the applicable requirements of 24 C.F.R. Part 570, collect an administrative fee for the performance of its duties administering the CDBG program, pursuant to this agreement. In no event shall the administrative fee exceed twenty percent (20%) of the overall annual Municipality’s CDBG allocation. The City of Centennial shall pay no more than eighteen percent (18%) as an administrative fee. In the event that the County's total actual administrative costs are less than 20% of the annual Municipality’s CDBG allocation or 18 % in the case of the City of Centennial, the County shall notify the Municipality of the amount of any unused administrative fee, and the Municipality shall Page 93 of 403 8 decide how to allocate or apply the unused administrative fees. The County may provide recommendations to the Municipality regarding the use of such unused administrative fees. 18. The County may, in accordance with the applicable requirements of 24 CFR Part 92, collect an administrative fee for the performance of its duties administering the HOME program, pursuant to this agreement. 19. The period of performance of this Agreement shall cover three HOME and CDBG Program years consisting of the County's 1st, 2nd, and 3rd Program years from this Agreement, beginning October 1, 2025, and ending September 30, 2028. The HOME and CDBG program years are the same, as is required. As stated herein, however, the Agreement is intended to cover activities to be carried out with annual CDBG and HOME funds from grant year 2025, 2026, and 2027 appropriations and shall be and remain in full force and effect for the three (3) year program period of Federal Fiscal Years 2025, 2026, and 2027, and until funds granted and program income received during the three (3) year program period are expended and the funded activities completed or the funds are returned to HUD. Neither the County nor the Municipalities may terminate, withdraw or be removed from the program during the three (3) year program period. During the three (3) Program years for which the County has qualified, the parties agree not to veto or otherwise obstruct the implementation of the approved Consolidated Plan during that three-year period and for such additional time as may be required for the expenditure of funds granted for that period. 20. The Agreement will renew automatically for participation in successive three-year Urban County qualification periods, unless a Municipality or the County provide written notice to the other party that it elects not to participate in a new qualification period. The terminating party shall send a copy of the notice of termination to the HUD field office by the date specified in HUD’s Urban County Qualification Notice. The County will notify the Municipality in writing of the Municipality’s right to make this election. A copy of the County’s notification must be sent to the HUD field office by the date specified in the Urban County Qualification Notice. The County must notify the other party in writing of the election of its right not to participate. A copy of the notification must be sent to both the other party and the HUD Region 8 field office by the party electing not to participate. Notices and responses must be sent according to the schedule specified in HUD's HOME consortia qualification notice and the Urban County qualification notice for the next qualification period. 21. The County and Municipalities agree to adopt amendment(s) to the Agreement as may be required by HUD to meet any new Urban County Qualification requirement(s) for subsequent qualification cycles, when applicable. Failure by the Parties to adopt any such amendment, and to submit such amendment to HUD, will void the automatic renewal of such qualification period. 22. The County and Municipalities will comply with all federal laws and regulations specified in HUD’s Urban County Notice. Pursuant to the provisions of 24 C.F.R. § 91.225 the County and the Municipalities shall take all actions necessary to comply with the Urban County's certification (under Section 104(b) of Title 1 of the Housing and Community Development Act of 1974, as amended) and the grant will be conducted and administered in conformity with: • Title VI of the Civil Rights Act of 1964 (and the implementing regulations at 24 CFR part 6) Page 94 of 403 9 • The Fair Housing Act (Title VIII of the Civil Rights Act of I968) and implementing regulations at 24 CFR part 100, and the duty to affirmatively further fair housing (AFFH); and • Section 109 of Title I of the Housing and Community Development Act of 1974, and the implementing regulations at 24 CFR part 6 which incorporates: o Section 504 of the Rehabilitation Act of 1973, and the implementing regulations at 24 CFR part 8 o Title II of the American with Disabilities Act, and the implementing regulations at 24 CFR part 146; and o Section 3 of the Housing and Urban Development Act of 1968 • Other applicable laws Use of Urban County funds for activities in, or in support of, any cooperating Municipality that does not affirmatively further fair housing within its own jurisdiction or that impedes the County's action to comply with the County's Fair Housing Certification shall be prohibited. Pursuant to 24 CFR 570.501(b), the Municipalities are subject to the same requirements applicable to subrecipients, including the requirement of a written agreement as described in 24 CFR 570.503. 23. Because the Municipalities will be included as part of the Urban County and HOME consortium for the three Program/Federal fiscal Years covered by this Cooperation Agreement, they will do all things that are appropriate and required of them to comply with the applicable provisions of the grant agreements received by the County from HUD in which the Municipalities are included, and with the provisions of HCDA and NAHA and all Rules and Regulations, guidelines, circulars, and other requisites promulgated by the various federal departments, agencies, administrations and commissions relating to the CDBG and HOME Programs. 24. The County and the cooperating unit of general local government agree to cooperate to undertake, or assist in undertaking, essential community renewal and lower-income housing assistance activities, as approved and authorized between the Parties in the CDBG Agreements, including the Consolidated Plan. Parties to this Agreement understand and agree that they may not sell, trade, or otherwise transfer all or any portion of CDBG funds to a Metropolitan City, Urban County, unit of general local government, or insular area that directly or indirectly receives CDBG funds in exchange for any funds, credits or non-Federal considerations, but must use such funds for activities eligible under Title I of the Housing and Community Development Act of I974, as amended. 25. Pursuant to the provisions of 24 C.F.R. § 91.225 the Municipalities have adopted and are enforcing the following policies: (a) Prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in nonviolent civil rights demonstrations, and; (b) Enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such nonviolent civil rights demonstration within its jurisdiction. Page 95 of 403 10 26. Any changes and modifications to this Agreement shall be made in writing and shall be executed by all Parties prior to the performance of any work or activity involved in the change and be approved by HUD, if necessary, to comply with the Regulations. 27. This Agreement may be executed in one or more counterparts and, if executed in more than one counterpart, the executed counterparts shall each be deemed to be an original, but all such counterparts shall together constitute one and the same instrument. 28. The signatories represent that they are authorized to execute this Agreement on behalf of their governmental entity. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be duly authorized and executed by each on the date specified as follows: BOARD OF COUNTY COMMISSIONERS OF ARAPAHOE COUNTY, COLORADO By: _________________________________________ Carrie Warren-Gully, Chair of the Board of County Commissioners Page 96 of 403 11 CITY OF CENTENNIAL, COLORADO By: __________________________________________ City of Centennial Approved as to Form: ____________________________ City Attorney Attest: ________________________________________ City Clerk or Deputy City Clerk Page 97 of 403 12 TOWN OF DEER TRAIL, COLORADO By: __________________________________________ Town of Deer Trail Approved as to Form: ____________________________ Town Attorney Attest: ________________________________________ Town Clerk or Deputy Town Clerk Page 98 of 403 13 CITY OF ENGLEWOOD, COLORADO By: __________________________________________ City of Englewood Approved as to Form: ____________________________ City Attorney Attest: ________________________________________ City Clerk or Deputy City Clerk Page 99 of 403 14 CITY OF GLENDALE, COLORADO By: __________________________________________ City of Glendale Approved as to Form: ____________________________ City Attorney Attest: ________________________________________ City Clerk or Deputy City Clerk Page 100 of 403 15 CITY OF GREENWOOD VILLAGE, COLORADO By: __________________________________________ City of Greenwood Village Approved as to Form: ____________________________ City Attorney Attest: ________________________________________ City Clerk or Deputy City Clerk Page 101 of 403 16 CITY OF LITTLETON, COLORADO By: __________________________________________ City of Littleton Approved as to Form: ____________________________ City Attorney Attest: ________________________________________ City Clerk or Deputy City Clerk Page 102 of 403 17 CITY OF SHERIDAN, COLORADO By: __________________________________________ City of Sheridan Approved as to Form: ____________________________ City Attorney Attest: ________________________________________ City Clerk or Deputy City Clerk Page 103 of 403 1 INTERGOVERNMENTAL JOINT COOPERATION AGREEMENT AND HOME CONSORTIUM AGREEMENT BETWEEN ARAPAHOE COUNTY, COLORADO AND THE CITIES OF CENTENNIAL, ENGLEWOOD, GREENWOOD VILLAGE, GLENDALE, LITTLETON AND SHERIDAN, AND THE TOWN OF DEER TRAIL, COLORADO RELATING TO THE CONDUCT OF THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND HOME INVESTMENT PARTNERSHIPS PROGRAM FOR GRANT YEARS 2022 THROUGH 2024 THIS AGREEMENT is entered into and shall be effective as of ________________, 2021, by and between Arapahoe County, Colorado (the “County”), a body corporate and politic of the State of Colorado, and the Cities of Centennial, Englewood, Greenwood Village, Glendale, Littleton, Sheridan, and the Town of Deer Trail (collectively the “Municipalities” and individually the “Municipality”), municipal corporations of the State of Colorado located in Arapahoe County. RECITALS A. In 1974 the U.S. Congress enacted the Housing and Community Development Act of 1974, as since amended (42 U.S.C. 5301 et seq.) (“HCDA”), permitting and providing for the participation of the United States government in a wide range of local housing and community development activities and programs under Title I of HCDA which activities and programs are administered by the U.S. Department of Housing and Urban Development (“HUD”); and the Home Investment Partnerships Program (“HOME”) was enacted under Title II (42 U.S.C. 12701-12839) of the Cranston- Gonzalez National Affordable Housing Act (“NAHA”) which activities and programs are administered by HUD; B. The primary objective of Title I of HCDA is the development of viable urban communities, by providing decent housing and a suitable living environment and expanding economic opportunities, principally for persons of low and moderate income, and the primary objective of the HOME program is to expand the supply of decent, safe, sanitary and affordable housing for low- and moderate-income Americans. These objectives are to be accomplished by the federal government providing financial assistance pursuant to HCDA and NAHA in the form of Community Development Block Grant (“CDBG”) funds and HOME funds to the state and local governments to be used in the conduct and administration of housing and DocuSign Envelope ID: 2A2C6C05-2866-4340-8449-F4DF28C03A87 Page 104 of 403 2 community development activities and projects as contemplated by the primary objectives of the CDBG and HOME Programs; To implement the policies, objectives and other provision of HCDA and NAHA, HUD has issued rules and regulations governing the conduct of CDBG and Home programs, published in the Code of Federal Regulations (CFR), at 24 CFR Part 570 (the “CDBG Regulations”), which regulations provide that a county may qualify as an “urban county”, as defined in Section 570.3 of the regulations, and thereby become eligible to receive entitlement grants from HUD for the conduct of CDBG Program as an urban county and also in 24 CFR Part 92 (the “HOME Regulations”), governing the HOME program, which regulations provide that an urban county may form a consortium with a metropolitan city within the county, as outlined in Section 92.101 (the CDBG Regulations and HOME Regulations are herein referred to collectively as the “Regulations”). C. The County seeks qualification under the Regulations as an “urban county” to receive CDBG, HOME, and ESG funds from HUD by annual grant agreements, and the Municipalities located in the County will be included as a part of the urban county in its CDBG Program and through the consortium will be able to participate in the HOME program; D. The City of Centennial is classified as a metropolitan city and qualifies for a separate entitlement grant that may be included as a part of the urban county and HOME consortium by entering into a cooperation and consortium agreement with the urban county in accordance with the requirements of the Regulations. The City of Centennial and the County submitted a Metropolitan City and Urban County Joint CDBG Agreement for HUD’s approval to include Centennial as part of the urban county. E. In 1981, and again since then, HUD amended the CDBG Regulations, pursuant to amendments of HCDA, revising the qualification period for urban counties by providing that the qualifications by HUD of an urban county and/or HOME consortium shall remain effective for three successive grant years regardless of changes in its population during that period, except for failure of an urban county to receive a grant during any year of that period, and also providing that during the three year period of qualification, no included city or other unit of general local government may withdraw or be removed from the urban county or HOME consortium for HUD’s grant computation purposes, and no city or other unit of general local government covering an additional area may be added to the urban county during that three-year qualification period except in the case where a city or other unit loses its designation as a metropolitan city; however, the HOME consortium may add members during the three-year qualification period at the discretion of the lead entity through the execution of a consortium agreement; F. In 2021, the County now submits to HUD the required documentation, including the Consolidated Plan and the One Year Action Plan, pursuant to 24 CFR 570.307, so as DocuSign Envelope ID: 2A2C6C05-2866-4340-8449-F4DF28C03A87 Page 105 of 403 3 to become eligible to receive annual CDBG and HOME funds for the next three Federal Fiscal Years: 2022, 2023, and 2024; and if the Municipalities approve and authorize this agreement, an executed copy thereof will be included in the documentation for this ensuing qualification period and, if the County qualifies, the Municipalities will thereby be included as a part of the urban county and HOME consortium and be eligible to participate in the County’s CDBG, HOME and ESG Programs for the next three Federal Fiscal Years; G. The County recognizes and understands that it does not have independent legal authority to conduct community development and housing assistance activities within the boundaries of the Municipalities and therefore, its ability to conduct the CDBG and HOME Programs in the Municipalities is limited by the requirement that it must obtain permission from the Municipalities to perform activities therein, and accordingly, in order for the Municipalities to be considered a part of the urban county and HOME consortium and be included in the County’s annual request to HUD for CDBG and HOME funds, it is required by the Regulations that the Municipalities and the County enter into a cooperation agreement whereby the Municipalities authorize the County to undertake or to assist in undertaking essential community development and housing assistance activities within the Municipalities as may be specified in the “Consolidated Plan” to be submitted to HUD annually by the County to receive its annual CDBG and HOME entitlement grants; H. Under general provisions of Colorado law governing contracting between governmental entities and by virtue of specific authority granted in Part 2 of Article I of Title 29, C.R.S., any two or more political subdivisions of the state may enter into agreements with one another for joint cooperative action and any one or more political subdivisions may contract with another or with a legal or administrative entity created pursuant to that act to perform any governmental service, activity or undertaking which each political subdivision entering into the contract is authorized by law to perform, and I. Accordingly, the parties hereto have determined that it will be mutually beneficial and in the public interest of the parties to enter into this intergovernmental agreement regarding the conduct of the County’s CDBG and HOME Programs, THEREFORE, in consideration of the premises and cooperative actions contemplated hereunder, the parties agree as follows: 1. By entering into this intergovernmental joint cooperation agreement with the County, the Municipalities shall be included as a part of Arapahoe County’s urban county and HOME consortium for qualification and grant calculation purposes upon the qualification by HUD of the County to receive CDBG, and HOME funds as an urban county and HOME consortium for the next three-year qualification cycle of Federal fiscal years 2022, 2023 and 2024. DocuSign Envelope ID: 2A2C6C05-2866-4340-8449-F4DF28C03A87 Page 106 of 403 4 2. The urban county and consortium’s qualification shall continue for the three successive Federal fiscal years (FFY) 2022, 2023, and 2024 (the “qualification period”). (a) The term of this Agreement covers the three successive federal fiscal years for which the urban county and consortium is qualified to receive HOME and CDBG funding, FY 2022, 2023, and 2024. It will, at a minimum, remain in effect until the CDBG and HOME funds and program income received (with respect to activities carried out during the three-year qualification period, and any successive qualification periods under agreements that provide for automatic renewals) are expended and the funded activities completed, and the County and participating unit of general local government cannot terminate or withdraw from the Agreement while it remains in effect. (b) The County and the Municipalities shall have the same Program Years, beginning on May 1 and ending on April 30 of each year. This Agreement will cover activities to be carried out with annual CDBG and HOME funds for the next three Program Years: May 1, 2022 through April 30, 2023, May 1, 2023 through April 30, 2024, and May 1, 2024 through April 30, 2025. 3. A fully executed copy of this Agreement, together with the authorizing resolutions of the Municipalities and the County, shall be submitted to HUD by the County as part of its qualification documentation and the Municipalities do hereby give the County the authority to carry out CDBG and HOME Program activities and projects which will be funded from annual CDBG and HOME funds for the next three successive Program Years ’(May 1, 2022 through April 30, 2023, May 1, 2023 through April 30, 2024, and May 1, 2024 through April 30, 2025) appropriations and from any Program income generated from the expenditures of those funds. 4. The Municipalities and the County agree to, and shall cooperate in, the preparation of detailed CDBG and HOME Program activities and projects to be conducted or performed in the Municipalities during each of the three program years covered by the Agreement and these finalized activities and projects will be included in the County’s Consolidated Plan and requests for funds for those program years. The Municipalities understand and agrees, however, that the County shall have final responsibility for selecting the program activities and projects to be included in each annual grant request and project grant request and for filing the Consolidated Plan with HUD on an annual basis. 5. The parties recognize and understand that the County, as a qualified HOME recipient and urban county, will be the lead entity required to execute all grant agreements received from HUD pursuant to the County’s annual request for CDBG and HOME Program funds and that as the lead entity it assumes overall responsibility for ensuring that the urban county and consortium’s CDBG and HOME Program is carried out in compliance with the requirements of the CDBG and HOME programs, DocuSign Envelope ID: 2A2C6C05-2866-4340-8449-F4DF28C03A87 Page 107 of 403 5 including requirements concerning the Consolidated Plan. Further, the County, as lead entity, will to the extent required by HUD, be the responsible entity under such grant agreements for the overall administration and performance of the CDBG and HOME programs, including the projects and activities conducted within the Municipalities. Accordingly, the Municipalities agree that as to all projects and activities performed or conducted in the Municipalities under any HOME or CDBG grant agreement, which includes the Municipalities, that the County shall have the ultimate supervisory and administrative control. 6. The Municipalities shall cooperate fully with the County in all CDBG and HOME Program efforts planned and performed hereunder and does hereby allow and permit the County to undertake or assist in undertaking essential community development and housing assistance activities within the Municipalities as may be approved and authorized in the County’s agreements, including the Consolidated Plan. The Municipalities and the County also agree to cooperate to undertake, or assist in undertaking, community renewal and lower-income housing assistance activities for the CDBG and HOME Programs, as they may be planned and specified in the County’s Consolidated Plan submitted annually to HUD for the three Program years specified herein and for such additional time as may be required for the expenditure of CDBG and HOME funds granted by the County for such activities. 7. The County, as the lead entity, is authorized to act in a representative capacity as the lead entity for all members of the consortium for the purposes of administering the HOME Program. The County will accept project recommendations from all HOME consortium members, but reserves the right to make final funding decisions. No project within the boundaries of a Municipality will be considered for inclusion in the Consolidated Plan unless first approved by the Municipality. 8. The Municipalities may only receive a formula allocation under the HOME program as part of the urban county; this does not preclude the urban county or a UGLG participating with the urban county from applying for HOME funds through the state PJ. The HOME funds may be accessed by the Municipalities in two ways: (1) the Municipality may approve a project or activity, carried out be a third entity, as appropriate for the needs of the Municipality, and endorse the application to the County, or; (2) the Municipality may originate a grant or loan request on its own behalf to the County or the State for an eligible project or activity. If the Municipality applies for HOME funds from the County or the State itself, then the provisions in paragraph 9 apply. For example, if the Municipality opts to create an eligible homeowner’s rehabilitation program, the Municipality would be subject to the same requirements as a subrecipient, including a written agreement. If the Municipality approves or endorses a third-party application, then the Municipality’s continuing participation in the project or activity is not required. 9. Pursuant to 24 CFR 570.501(b) and 24 CRF 92.504, the Municipalities are subject to the same requirements applicable to subrecipients, including the requirement of a written agreement as set forth in 24 CFR 570.503 and 24 CRF 92.504. DocuSign Envelope ID: 2A2C6C05-2866-4340-8449-F4DF28C03A87 Page 108 of 403 6 10. The Municipalities understand that, pursuant to Section 570.503 and Section 92.504 of the Regulations, it will be necessary for the Municipalities to enter into separate project agreements or sub-grants in writing with the County with respect to the actual conduct of the projects and activities approved for performance in the Municipalities for the three HOME and CDBG Program years covered be the cooperation agreement and that the funds designated in the County’s Consolidated Plan for those projects and activities will also be funded to the Municipalities under those separate project agreements or sub-grants. Subject to the provisions of Paragraph 5 above, each Municipality will administer and control the performance of the projects and activities specified in those separate project agreements and will be responsible for the expenditure of the funds allocated for each such project or activity and will conduct and perform the projects and activities in compliance with the Regulations and all other applicable federal laws and requirements relating to the CDBG and/or HOME Programs. The Municipalities also understand and agree that they shall also comply with the requirements of Section 570.503 prior to disbursing any CDBG funds to a subrecipient of the Municipalities. 11. All HOME and/or CDBG Program funds that are approved by HUD for expenditure under the County’s grant agreements for the three Program years covered by this Agreement, including those that are identified for projects and activities in the Municipalities, will be budgeted and allocated to the specific projects and activities described and listed in the County’s Consolidated Plan and One Year Action Plan to the Consolidated Plan submitted annually to HUD and those allocated funds shall be used and expended only for the projects or activities to which the funds are identified. No project or activity nor the amount allocated therefore may be changed, modified, substituted or deleted by a Municipality with respect to any project of activity without the prior written approval of the County and the approval of HUD when that approval is required by the regulations. 12. The County and the Municipalities shall take all actions necessary to assure compliance with the urban county’s certification under Section 104(b) of Title 1 of the Housing and Community Development Act of 1974, as amended. The grant will be administered in conformity with Title VI of the Civil Rights Act of 1964, and the implementing regulations at 24 CFR part 1 and the Fair Housing Act, and the implementing regulations at 24 CFR part 100, and will affirmatively further fair housing. See 24 CFR § 91.225(a) and 5.105(a). The parties further must comply with Section 109 of Title I of the Housing and Community Development Act of 1974 and the implementing regulations at 24 CFR part 6, which incorporates Section 504 of the Rehabilitation Act of 1973, and the implementing regulations at 28 CFR part 35, the Age Discrimination Act of 1975, and the implementing regulations at 24 CFR part 146, and Section 3 of the Housing and Urban Development Act of 1968, as well as all other applicable laws. Use of urban county funds for activities in, or in support of, any cooperating Municipality that does not affirmatively further fair housing within its own jurisdiction or that impedes the County’s action to comply with the County’s fair housing certification shall be prohibited. Pursuant to 24 CFR 570.501(b), the DocuSign Envelope ID: 2A2C6C05-2866-4340-8449-F4DF28C03A87 Page 109 of 403 7 Municipalities are subject to the same requirements applicable to subrecipients, including the requirement of a written agreement as described in 24 CFR 570.503.The Municipalities will do all things that are appropriate and required to comply with the applicable provisions of the grant agreements received by the County from HUD in which the Municipalities are included, and with the provisions of HCDA and NAHA and all Rules and Regulations, guidelines, circulars, and other requisites promulgated by the various federal departments, agencies, administrations and commissions relating to the CDBG and HOME Programs. In addition, the parties hereto understand and agree that noncompliance by a Municipality may constitute noncompliance by the County, which may provide cause for funding sanctions or other remedial actions by HUD. Urban county funding shall not be used for activities in, or in support of, any locality that does not affirmatively further fair housing within its own jurisdiction or that impedes the County’s actions to comply with the County’s Fair Housing Certification. 13. During the period of performance of this Agreement, as provided in Paragraph 2 above, the Municipalities shall: (a) Inform the County of any income generated by the expenditure of CDBG and/or HOME Program funds received by the Municipality; (b) Pay over to the County any Program Income received by the Municipality, or retain and use that Program Income subject to, and in accordance with, the requirements and provisions of the separate HOME or CDBG project agreements that will be entered into between the Municipality and the County for the actual conduct of the HOME and/or CDBG Programs; (c) Use any Program Income the Municipality is authorized by the County to retain only for eligible activities in accordance with all HOME and CDBG Program requirements as may then apply and as will be specifically provided for in the separate project agreements between the Municipality and the County; (d) Keep appropriate records regarding the receipt of, use of, or disposition of all Program Income and make reports therein to the County as will be required under the separate project agreements between the Municipality and the County, and (e) Pay over to the County any Program Income that may be on hand in the event of close-out or change in status of the Municipality or that may be received subsequent to the close-out or change in status as will be provided for in the separate project agreements mentioned above. 14. The separate project agreements or sub-grants that will be entered into between the County and the Municipalities for the conduct of the CDBG and HOME Programs, as mentioned and referred to elsewhere in this agreement, shall include provisions DocuSign Envelope ID: 2A2C6C05-2866-4340-8449-F4DF28C03A87 Page 110 of 403 8 setting forth the standards which shall apply to any real property acquired or improved by the Municipalities, in whole or in part, using CDBG and HOME Program Funds. These standards will require the Municipalities to: (a) Notify the County in a timely manner of any modification or change in the use of that property from that which was planned at the time of acquisition or improvement and this notice requirement shall include any disposition of such property. (b) Reimburse the County in an amount equal to the current fair market value of property acquired or improved with CDBG or HOME funds (less any portion thereof attributable to expenditures of non-CDBG or HOME funds) that is sold or transferred for a use which does not qualify under the Regulations, and (c) Pay over to the County any Program Income that is generated from the disposition or transfer of property either prior to, or subsequent to, any close-out, change of status or termination of this cooperation agreement that is applicable. 15. The Municipalities, by execution of this agreement understand that they may not apply for grants from appropriations under the State CDBG Programs for fiscal years during the period in which they are participating in the urban county’s CDBG Program; they may receive a formula allocation under the HOME program only through the urban county and may not participate in a HOME consortium except through the urban county, regardless of whether the urban county receives a HOME formula allocation; and they may receive a formula allocation under the ESG program only through the urban county. 16. The City of Centennial joins the urban county as a metropolitan city and, as such, agree to the following special considerations: (a) The grant amount authorized shall be the sum of the amounts authorized for the individual metropolitan city and urban county. The urban county becomes the grant recipient. (b) A metropolitan city in a joint agreement with the urban county is treated the same as any other unit of general local government that is part of the urban county for purposes of the CDBG program, but not for the HOME or ESG programs. If the metropolitan city does not qualify to receive a separate allocation of HOME funds, to be considered for HOME funding as part of the urban county, it may form a HOME consortium with the urban county. If the metropolitan city qualifies to receive a separate allocation of HOME funds, it may either form a HOME consortium with the county, or it may administer its HOME program on its own. The City of Centennial has chosen to DocuSign Envelope ID: 2A2C6C05-2866-4340-8449-F4DF28C03A87 Page 111 of 403 9 form a HOME consortium with the County instead of administering its own HOME program. (c) A metropolitan city and an urban county that each receive an allocation under ESG and are located within a geographic area that is covered by a single Continuum of Care (CoC) may jointly request the Secretary of HUD to permit the urban county or metropolitan city, as agreed to by such county and city, to receive and administer their combined allocations under a single grant. 17. The County may, in accordance with the applicable requirements of 24 C.F.R. Part 570, collect an administrative fee for the performance of its duties administering the CDBG program, pursuant to this agreement. In no event shall the administrative fee exceed twenty percent (20%) of the overall annual Municipality’s CDBG allocation. In the event that the County’s total actual administrative costs are less than 20% of the annual Municipality’s CDBG allocation, the County shall notify the Municipality of the amount of any unused administrative fee, and the Municipality shall decide how to allocate or apply the unused administrative fees. The County may provide recommendations to the Municipality regarding the use of such unused administrative fees. 18. The County may, in accordance with the applicable requirements of 24 CFR Part 92, collect an administrative fee for the performance of its duties administering the HOME program, pursuant to this agreement. 19. The Agreement will be automatically renewed for participation for successive three- (3) year qualification periods, unless a Municipality provides written notice to the County that it elects not to participate in a new qualification period. The County must notify the other party in writing of the election of its right not to participate. A copy of the notification must be sent to both the other party and the HUD Region 8 Field Office by the party electing not to participate. Notices and responses must be sent according to the schedule specified in HUD’s HOME consortia qualification notice and the urban county qualification notice for the next qualification period. The lead entity is authorized to amend this Agreement to add new members or to incorporate automatic renewal provisions or for other reasons approved by HUD on behalf of the entire consortium, unless otherwise specified in this Agreement. Each party is required to adopt any amendment to the agreement incorporating changes necessary to meet the requirements for cooperation agreements set forth in the HOME consortia qualification notice and the urban county qualification notice applicable for a subsequent three-year HOME consortia and urban county qualification period, and to submit such amendment to HUD. Failure to comply will void the automatic renewal for such qualification period. DocuSign Envelope ID: 2A2C6C05-2866-4340-8449-F4DF28C03A87 Page 112 of 403 10 20. The County and the cooperating unit of general local government agree to cooperate to undertake, or assist in undertaking, community renewal and lower-income housing assistance activities and the grantee or unit of general local government that directly or indirectly receives CDBG or HOME funds may not sell, trade, or otherwise transfer all or any such portion of such funds to another metropolitan city, urban county, unit of general local government, or Indian tribe, or insular area that directly or indirectly receives CDBG funds in exchange for any other funds, credits or non- Federal considerations, but must use such funds for activities eligible under Title I of the Housing and Community Development Act of 1974, as amended. 21. Pursuant to the provisions of 24 C.F.R. § 507 and/or 24 C.F.R. § 91.225 the Municipalities have adopted and are enforcing the following policies: (a) Prohibiting the use of excessive force by law enforcement agencies within their jurisdictions against any individuals engaged in nonviolent civil rights demonstrations, and; (b) Enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such nonviolent civil rights demonstration within their jurisdictions. 22. Any changes and modifications to this Agreement shall be made in writing and shall be executed by the parties prior to the performance of any work or activity involved in the change and be approved by HUD, if necessary, to comply with the Regulations. [Signature Pages to Follow] DocuSign Envelope ID: 2A2C6C05-2866-4340-8449-F4DF28C03A87 Page 113 of 403 11 IN WITNESS WHEREOF, the parties hereto have caused this agreement to be duly authorized and executed by each on the date specified as follows: ARAPAHOE COUNTY, COLORADO By: _____________________________ Nancy Jackson, Chair of the Board of County Commissioners ATTEST: By: ______________________________ Clerk to the Board of County Commissioners CITY OF ENGLEWOOD, COLORADO By: _______________________________ Linda Olson, Mayor ATTEST: ________________________________ City Clerk or Deputy City Clerk Approved as to form ___________________________ City Attorney DocuSign Envelope ID: 2A2C6C05-2866-4340-8449-F4DF28C03A87 Page 114 of 403 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Tim Dodd DEPARTMENT: City Manager's Office DATE: August 5, 2024 SUBJECT: Intergovernmental Agreement (IGA) with Arapahoe County for Emergency Management Services DESCRIPTION: Intergovernmental Agreement (IGA) with Arapahoe County for Emergency Management Services RECOMMENDATION: Staff recommends that Council consider approval of an ordinance to implement an updated intergovernmental agreement (IGA) between the City of Englewood ("the City") and Arapahoe County ("the County") for emergency management services. PREVIOUS COUNCIL ACTION: Emergency Management Program Update (April 3, 2023) Emergency Management Program Update (February 14, 2022) Approval of Council Bill #35 to approve an IGA with Arapahoe County for the provision of emergency management services (August 19, 2019 and September 3, 2019) Proposed Intergovernmental Agreement (IGA) with Arapahoe County for the provision of emergency management services (June 24, 2019) SUMMARY: In 2019, the City entered into an agreement with the County's Office of Emergency Management (OEM) for the provision of a full-service emergency management program. Over the term of the agreement, the City and County worked together to respond to emergencies, develop emergency plans, prepare for emergencies, and implement training programs and protocols. Under the agreement, the City received the services of OEM, as well as a full-time emergency management coordinator employed by the County and paid for by the City. After the incumbent left the position this winter, the City and County analyzed the existing program, and determined that, given the work to put protocols and processes in place, a technical assistance model would provide the City with the services and assistance it needs to continue to develop an emergency management program. ANALYSIS: Agreement History Part of the office of the elected Arapahoe County Sheriff, the Arapahoe County Office of Emergency Management works with County departments, local governments, volunteer organizations, and the private sector to develop disaster preparedness plans and provide Page 115 of 403 training and exercise activities. OEM writes and maintains several plans in preparation for emergency events, including the Hazard Mitigation Plan, Emergency Operations Plan, and Community Wildfire Protection Plan. In 2019, the City entered into an IGA with the County for the provision of emergency management services. Under the terms of this contract, Arapahoe County provides the City with: Service as the Office of Emergency Management for the City of Englewood, providing specific products and expertise; Development and implementation of emergency management plans for the City of Englewood such as the Continuity of Operations Plan; Designation of one qualified, full-time employee to act as the primary liaison between the City of Englewood and Arapahoe County; Coordination and provision training for City of Englewood employees; Provision of hands-on support as requested during emergencies; and Provision of regular monthly reports, and provision of a comprehensive after action report and improvement plan regarding any emergency response. Achievements Since 2019 Since the formal partnership began in 2019, the County and City partnered to develop and implement an emergency management program for the City. Emergency event assistance- The County assisted the City with two emergency events, the COVID-19 pandemic (2020-2021) and an E. Coli incident (2021). Planning- Development and maintenance of an Emergency Operations Plan, Crisis Communications Plan, and Hazard mitigation plan. Training- The County assisted the City in developing and implementing an emergency management training program which included participation in a regional training on cyber security; specialized training for emergency operations center managers; two table top exercises; finalization of a crisis communications manual; development of a document and training library; small group trainings to build knowledge of the different sections of an emergency operations center; and FEMA training courses for City employees. External communication- The County worked with the City to implement a campaign to increase the number of people in the community registered for ArapAlerts, a message alert system for emergency notifications. Amended Agreement The amended agreement focuses on a technical assistance model, through with the City will be responsible for maintenance of plans and specific actions related to emergency response and preparation, with assistance from the County. Component County Responsibilities City Responsibilities Plan Development Review and provide feedback to the City, including up to four hours of edits for each plan, on the Continuity of Operations Plan (COOP); Emergency Operations Plan (EOP); Programmatic Responsibility for the maintenance and development of the four specified plans. Page 116 of 403 Capability Assessment; and Hazard Mitigation Plan Point of Contact and Technical Assistance Designation of a Point of Contact to liaise with the Point of Contact designated by the City to provide technical assistance and coordinate monthly check in meetings Designation of a Point of Contact to liaise with the Point of Contact designated by the County Training Provide one tabletop exercise and assistance to the City in implementing a second tabletop exercise Participation in a tabletop exercise coordinated by the County, and responsible for coordinating and conducting one table top exercise with County support Emergency Activations The County shall provide hands-on support in the event that the City's City Manager activates the Emergency Operations Center, an emergency has been declared, and the CIty's City Manager requests assistance from the City. Serves as the Office of Emergency Management for the City. The City shall reach out to the County to request assistance for an emergency operations center activation After Action Reports The County will provide the City with technical assistance in revising and completing after action reports for all declared emergencies The City shall be responsible for completing reports for each emergency incident utilizing a template and assistance provided by the County In addition the responsibilities outlined above, the County will provide the City with learning sessions and seminars on a variety of topics that are open to other municipalities. Examples include quarterly emergency financial management sessions and the annual snow planning event. COUNCIL ACTION REQUESTED: Staff recommends that Council consider approval of an ordinance amending the existing IGA between the City and County for emergency management services to move from a full-service model to a technical assistance one. FINANCIAL IMPLICATIONS: Signed in 2019, the IGA lasts through the end of 2024. Initial payments from the City to Arapahoe County were made in 2019, pro-rated for the remainder of the year. Each year since, Arapahoe County provides the City with a written request and explanation for cost adjustments for the upcoming fiscal year no later than July 15th of each year. Under the terms of the IGA, the City agreed to pay the salary ($105,000 inclusive of benefits plus a percentage increase of not more than five percent annually as approved by the County's Office of Emergency Management in accordance with its personnel and compensation policies and procedures) of one qualified, full-time employee, and equipment ($8,000 annually plus an annual percentage increase of not more than three percent per year) for equipment. Page 117 of 403 Under the proposed terms in the updated agreement, the City will pay the County $60,000 annually, resulting in a significant savings to the City from the original agreement. In addition to the $60,000, if the City requests support for an emergency event, the City shall pay the County $2,000 for the first operational period, not to exceed 12 hours of the event, and $1,500 for each subsequent full operational period, with a do-not-exceed amount per event of $8,000 or 36 hours, whichever is greater. CONNECTION TO STRATEGIC PLAN: Outcome Area: Safety Goal: Responding to Emergencies OUTREACH/COMMUNICATIONS: Over the past year and a half, the City and the County partnered on increasing the number of community members registered for the ArapAlerts program, which provides registrants with up to date information on emergencies. Additionally, the City and County partnered to develop an emergency communications plan and to share information on ArapAlerts through events and programs such as Elevate Englewood and Celebrate Englewood. ATTACHMENTS: Emergency Management IGA (Existing) Emergency Management IGA (Proposed) Presentation- Emergency Management IGA CB #27- IGA Arap County, Emergency Management Page 118 of 403 1 INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND ARAPAHOE COUNTY FOR THE PROVISION OF EMERGENCY MANAGEMENT SERVICES TO THE CITY OF ENGLEWOOD BY THE ARAPAHOE COUNTY OFFICE OF EMERGENCY MANAGEMENT This Agreement is made and entered into this ____ day of _____________, 2019, by and between the CITY OF ENGLEWOOD and the BOARD OF COUNTY COMMISSIONERS OF ARAPAHOE COUNTY, STATE OF COLORADO, on behalf of the Arapahoe County Sheriff’s Office (collectively “ARAPAHOE COUNTY”), and provides as follows: WHEREAS, Article XIV, Section 18(2)(a) of the Constitution of the State of Colorado, and Part 2, Article 1, Title 29, C.R.S., encourages and authorizes intergovernmental agreements; WHEREAS, Sections 29-1-203 and 29-1-203.5, C.R.S. authorize governments to cooperate and contract with one another to provide any function, service, or facility lawfully authorized to each; WHEREAS, the City of Englewood, a municipal corporation and home rule city, desires to engage Arapahoe County in assisting the City with the development and implementation of an Emergency Operations Plan, and by providing Emergency Management services; and WHEREAS, the Arapahoe County Office of Emergency Management, which is part of the Arapahoe County Sheriff’s Office (“ACSO”) has demonstrated the ability to provide emergency management services of the highest professional standards to the citizens of Arapahoe County. NOW THEREFORE, in consideration of the terms and conditions set forth herein the parties agree as follows: AGREEMENT I. PURPOSE 1. The City of Englewood (“COE”) desires to engage the Arapahoe County Office of Emergency Management (“Arapahoe County OEM”) for the purposes of developing all-hazards and emergency management plans, implementation and training that will be approved and/or adopted by the COE. In addition, the COE desires to contract with the Arapahoe County OEM for ongoing emergency coordination in the event the COE requests emergency assistance pursuant to the plans and procedures adopted by the COE. 2. The Parties acknowledge that the intent of this Agreement is not to shift liability to Arapahoe County for assisting the COE in fulfilling its statutory all-hazards and emergency response responsibilities. The Parties also acknowledge and agree that while Arapahoe County will use its best efforts in preparing any planning documents and/or training provided pursuant to this Agreement, Arapahoe County nevertheless does not warranty any of the services or documents Page 119 of 403 2 provided pursuant to this Agreement and disclaims any liability concerning the sufficiency of such documents, plans and/or training, which are subject to the COE’s approval and/or adoption. The Parties further acknowledge that with respect to ongoing emergency coordination, Arapahoe County OEM shall be considered an agent of the COE and shall be acting pursuant to authority delegated to the Arapahoe County OEM, either directly or as delegated to the Arapahoe County OEM pursuant to such all-hazards and/or emergency plans as may be adopted by the COE in its sole discretion. II. ARAPAHOE COUNTY DUTIES 1. Arapahoe County OEM will serve as the Office of Emergency Management for the COE, delivering City specific products and expertise in the areas of all-hazards plans development, City Emergency Operations Center (“EOC”) training, improvement plan implementation, and facilitate disaster cost recovery. 2. Oversee and direct the OEM for the City of Englewood, update and present an Emergency Operations Plan (“EOP”) for authorization and acceptance by the City Manager. 3. Designate one (1) qualified, full time employee to act as the primary liaison between the City of Englewood and Arapahoe County OEM. This liaison shall be an employee of the ACSO, subject to all appropriate personnel policies and procedures of the ACSO. 4. Coordinate development and implementation of a Continuity of Operations Plan. 5. Coordinate and provide training for City of Englewood personnel on the adopted Emergency Operations Plan and required and relevant National Incident Management Systems (“NIMS”) courses. 6. Provide hands-on support in the event that the Englewood City Manager requests emergency assistance as will be defined in the EOP. 7. Provide disaster information for dissemination to internal and external stakeholders during an emergency event where the EOP is activated. 8. Coordinate and interface with appropriate local contact and regional, state, and federal agencies. 9. Provide regular monthly reports, written or in-person for the first year, covering the development and implementation of goals and objectives. Reports will be quarterly thereafter. 10. Provide a comprehensive after action report and improvement plan regarding any emergency response. Page 120 of 403 3 III. CITY OF ENGLEWOOD DUTIES 1. Provide a single point of contact – to work with the Arapahoe County OEM, which will be the City Manager, or his/her designee. The single point of contact must be of sufficient authority to direct participation of city staff in the event of training and/or EOP activations. 2. Coordinate regular meetings between City personnel and the Arapahoe County OEM, ensuring open and regular communications. 3. Actively participate at required levels in planning, training and activations as required by the City Manager in consultation with the Arapahoe County OEM. 4. Authorize the City Manager to adopt and implement agreed upon plans, but at a minimum, the Emergency Operations Plan, Continuity of Operations Plan, and Hazard Mitigation Plan. 5. Provide space, equipment and administrative support for an emergency operations center during a declared emergency event, at an appropriate COE facility. 6. Provide funding necessary to cover associated costs as outlined in Schedule A, attached hereto. Notwithstanding the fact that costs are based on a full-time employee position, the intent of this Agreement is that COE shall receive the benefit of the entire Arapahoe County OEM to provide services called for under this Agreement and any employee funded under this Agreement shall be an employee of the ACSO. 7. Provide and maintain a suitable vehicle for use by the OEM liaison. The City of Englewood will provide and maintain Automobile liability insurance at the current amounts of $5,000,000 (fine million dollars) each occurrence with a $5,000,000 (five million dollars) umbrella policy. 8. Make all payments for the services within thirty (30) days of the receipt of an invoice from the County. IV. MISCELLANEOUS PROVISIONS 1. Term and Termination. This Agreement shall have an initial term of one year, with five optional one year renewals, subject to approval by each Party and appropriations. This Agreement may be terminated by either Party at any time, with or without cause upon a Party providing no less than 180 days written notice to the other Party and upon fulfillment of any existing financial obligation. 2. Non-Appropriation. All financial obligations of a Party under this Agreement are subject to the annual appropriations of funds by its governing body. No provision of this Agreement will be construed or interpreted: (a) to directly or indirectly obligate a Party to make any payment in any fiscal year in excess of amounts appropriated by such Party for such fiscal year; or (b) as creating a debt or multiple fiscal year direct or indirect debt or other financial obligation whatsoever of a Party within the meaning of Article X, Section 20 of the Colorado Constitution or any other constitutional or statutory limitation or provision. Page 121 of 403 4 3. Notices. Any notice, demand or request required by or relating to this Agreement shall be given by personal delivery, e-mail, facsimile, or sent by registered or certified mail, postage prepaid, to each Party at the address set forth herein. CITY OF ENGLEWOOD ARAPAHOE COUNTY 1000 Englewood Parkway 5334 South Prince Street Englewood, CO 80110 Littleton, Colorado 80120-1136 Attn: City Manager Attn: Arapahoe County Attorney and (send to both) Arapahoe County Sheriff’s Office Office of Emergency Management 13101 E. Broncos Parkway Centennial, Colorado 80112 Attn: Emergency Manager 4. No Third Party Beneficiaries. Nothing in this Agreement shall be deemed to create any third party beneficiary or beneficiaries, or create a right or cause of action for the enforcement of its terms, in any entity or person not a Party to this Agreement. 5. Amendments. No change, amendment, or waiver of any of the terms or provisions of this Agreement shall be valid or binding unless the same has been approved in writing by the governing bodies of both Parties. 6. No Assignment. This Agreement may not be assigned by either Party. 7. Severability. In the event that any of the terms, covenants or conditions of this Agreement, or their application, shall be held invalid as to any person, corporation, or circumstances by any court having competent jurisdiction, the remainder of this Agreement, and the application in effect of its terms, covenants, or conditions to such persons, corporations or circumstances shall not be affected thereby. 8 Governmental Immunity. This Agreement is not intended, and shall not be construed as a waiver of the limitations on damages or any of the privileges, immunities, or defenses provided to, or enjoyed by the Parties, their employees and volunteers, under federal or state constitutional, statutory or common law, including but not limited to the Colorado Governmental Immunity Act, Section 24-10-101, C.R.S., et seq., as may be amended. 9. Governing Law, Jurisdiction, and Venue. Colorado law governs this Agreement. Jurisdiction and venue shall lie exclusively in the District Court for Arapahoe County. 10. Indemnification: To the extent authorized by law, and without waiving the provisions of the CGIA, the COE shall indemnify, save and hold harmless Arapahoe County against any and all claims, damages, liability and court awards including costs, expenses and attorney fees incurred as a result of any act or omission by the City, or its employees, agents, subcontractors, assignees Page 122 of 403 5 pursuant to the terms of this contract. The City is a “public entity” within the meaning of the Colorado Governmental Immunity Act, § 24-10-101 et seq., and nothing in this Agreement shall be deemed a waiver by the either Party of any provision of that Act. In executing this Agreement, Arapahoe County does not assume liability or responsibility for, or in any way release the COE from any liability or responsibility which arises in whole or in part from the City’s exercise of its independent judgment and authority as it relates to the adoption or approval of specific emergency plans or determinations regarding the authorization of resources during an emergency response, including liability that arises based on the existence or effect of COE ordinances, policies, rules or regulations. If any cause, claim, suit, action or administrative proceeding is commenced in which the enforceability and/or validity of any such COE ordinance, policy, rule or regulation is at issue, the COE shall defend the same at its sole expense and, if judgment is entered or damages are awarded against the COE, Arapahoe County, or both, the COE shall satisfy the same, including all chargeable costs and reasonable attorney’s fees. 11. Insurance. Required Policies. The COE is a member of the Colorado Intergovernmental Risk Sharing Agency, also known as, “CIRSA”, with a current deductible of $150,000 (one hundred fifty thousand dollars), and the City shall maintain the following insurance coverage, with CIRSA at its own expense: Commercial General Liability insurance with minimum combined single limit of $ 10,000,000 (ten million dollars) each occurrence and $ 10,000,000 (ten million dollars) aggregate, covering all operations by or on behalf of each entity against claims for bodily injury, including death, personal injury, and property damage liability, and; Commercial Automobile Liability insurance with minimum combined single limits for bodily injury and property damage of not less than 5,000,000 (five million dollars) each occurrence for City owned vehicles. ARAPAHOE COUNTY shall insure vehicles owned by the COUNTY, and the COE shall insure vehicles owned by the COE, all as set forth in Section III, Paragraph 7 of this Agreement. Arapahoe County shall make provisions for workers’ compensation insurance, social security employment insurance and unemployment compensation for its employees performing services under this Agreement as required by any law of the State of Colorado or the federal government and shall upon written request exhibit evidence to the CITY. The COE and the COUNTY are each responsible for the required and necessary workers’ compensation coverage on their respective employees. Additional Insureds. All policies referenced in this Section shall be primary insurance with respect to the actions of the insured Party. The COE’s policies shall include Arapahoe County as an additional insured for damage or injury arising out of the premises or operations of the Party that is the named insured under the Policy. The named insured’s policy shall provide primary Page 123 of 403 6 insurance for the additionally insured Party to the extent and in the manner provided in the applicable policy Certificates. The COE shall provide Arapahoe County with Certificates of Insurance for the coverages required under this Section at least thirty (30) days prior to the beginning of the term of this Agreement and notice at least thirty (30) days prior to any expiration of coverage. The Certificate will confirm that the carrier(s) will provide the Certificate holder with thirty (30) days written notice prior to the effective date of any cancellation, non-renewal or any other material change. 12. Waiver of Breach. A Party’s waiver of another Party’s breach of any term or provision of this Agreement will not operate or be construed as a waiver of any subsequent breach by any Party. 13. Execution. This Agreement may be executed in several counterparts, and by facsimile, or electronic pdf, each of which shall be an original, and all of which together will constitute one and the same instrument. IN WITNESS WHEREOF, the Parties have caused to be executed this Intergovernmental Agreement regarding the Provision of Emergency Management Services by Arapahoe County, and the Arapahoe County Office of Emergency Management for the City of Englewood. CITY OF ENGLEWOOD COUNTY OF ARAPAHOE Name: Linda Olson Name: Title: Mayor Title: Date: Date: ATTEST: ATTEST: Stephanie Carlile, City Clerk [REMAINDER OF PAGE INTENTIONALLY BLANK] Page 124 of 403 7 SCHEDULE A – COSTS & EXPENSES 1.) Salary: One qualified, full time employee at the following rate of compensation: Year 1 Salary: $105,000.00 inclusive of benefits. Years 2-5 Salary: $105,000.00 plus a percentage increase of not more than five (5) percent annually as approved by the OEM in accordance with its personnel and compensation policies and procedures. 2.) Equipment Fee: Year 1: $8,000.00 Years 2-5: $8,000.00 plus an annual percentage increase of not more than three (3) percent per year. The initial payment from the City to the OEM shall be payable sixty (60) days after the final approval of the IGA, pro-rated for the remainder of 2019. In subsequent years, the OEM shall provide to the City a written request and explanation for cost adjustments for the upcoming fiscal year no later than July 15th of each year, so that the City may appropriately budget for any increase in costs and expenses. The total annual payment for each subsequent year shall be provided to Arapahoe County no later than April 1st of each year. Page 125 of 403 1 INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND ARAPAHOE COUNTY FOR THE PROVISION OF EMERGENCY MANAGEMENT CONSULTING SERVICES TO THE CITY OF ENGLEWOOD BY THE ARAPAHOE COUNTY OFFICE OF EMERGENCY MANAGEMENT This Agreement is made and entered into this day of , 2024, by and between the CITY OF ENGLEWOOD and the BOARD OF COUNTY COMMISSIONERS OF ARAPAHOE COUNTY, STATE OF COLORADO, on behalf of the Arapahoe County Sheriff’s Office (collectively “ARAPAHOE COUNTY”), and provides as follows: WHEREAS, Article XIV, Section 18(2)(a) of the Constitution of the State of Colorado, and Part 2, Article 1, Title 29, C.R.S., encourages and authorizes intergovernmental agreements; and WHEREAS, Sections 29-1-203 and 29-1-203.5, C.R.S. authorize governments to cooperate and contract with one another to provide any function, service, or facility lawfully authorized to each; and WHEREAS, the City of Englewood, a municipal corporation and home rule city, desires to engage Arapahoe County in assisting the City of Englewood with the development and implementation of an Emergency Operations Plan and in providing Emergency Management consulting services; and WHEREAS, the Arapahoe County Office of Emergency Management, which is part of the Arapahoe County Sheriff’s Office (“ACSO”) has demonstrated the ability to provide emergency management services of the highest professional standards to the citizens of Arapahoe County; and WHEREAS, ACSO and the City of Englewood desire to work together to meet the evolved needs of the City of Englewood through a strong partnership between the two Parties. NOW THEREFORE, in consideration of the terms and conditions set forth herein the parties agree as follows: AGREEMENT I. PURPOSE 1. The City of Englewood (“COE”) desires to engage the Arapahoe County Office of Emergency Management (“Arapahoe County OEM”) for the purposes of developing all -hazards and emergency management plans, implementation, and training that will be approved and/or adopted by the COE. In addition, the COE desires to contract with the Arapahoe County OEM for ongoing emergency coordination in the event the COE requests emergency assistance pursuant to the plans and procedures adopted by the COE. The Parties acknowledge that the intent of this Agreement is not to shift liability to Arapahoe County Page 126 of 403 2 for assisting the COE in fulfilling its statutory all-hazards and emergency response responsibilities. The Parties acknowledge and agree that while Arapahoe County will use its best efforts in preparing any planning documents and/or training provided pursuant to this Agreement, Arapahoe County nevertheless does not warranty any of the services or document provided pursuant to this Agreement, and the Parties acknowledge and agree Arapahoe County shall not assume, and expressly disclaims, any liability concerning the sufficiency of such documents, plans and/or training, which are ultimately subject to the COE’s review, approval, and adoption. II. ARAPAHOE COUNTY DUTIES Assistance to the COE’s Office of Emergency Management - The COE will be the official Office of Emergency Management for the City of Englewood. Arapahoe County shall provide the COE’s Office of Emergency Management with technical and/or advisory assistance. 1. Plan Development- Arapahoe County will review and provide feedback to the COE regarding the COE’s emergency management plan and applicable state and federal requirements, and will make recommendations on optional improvements to the COE’s work in developing and updating plans and providing feedback. Arapahoe County will review and provide comments to the COE on the following plans: • Continuity of Operations Plan (COOP) • Emergency Operations Plan (EOP) • Programmatic Capability Assessment • Hazard Mitigation Plan Arapahoe County will provide: • Reminders to the COE, through Arapahoe County’s Point of Contact and through monthly technical assistance meetings, when plans are due for updating and implementation • Process recommendations, through an email and comments in a working document, providing proposed changes to specific plans for the COE’s consideration • Review draft plans written by the COE upon request • Edits and updates will follow the schedule listed in the respective plans • Arapahoe County shall spend no more than a total of four hours editing each plan 2. Point of Contact- Arapahoe County shall designate an employee as the primary liaison between Arapahoe County and the COE. The Point of Contact shall: • Coordinate monthly technical assistance meetings between the COE and Arapahoe County along with the COE’s designated Point of Contact • Provide the COE with the name and contact information for a backup Point of Contact when the Point of Contact is unavailable due to vacation, illness, or is otherwise indisposed • Contact the COE’s Point of Contact with any questions or concerns relative to the implementation of this Agreement • Provide the COE’s Point of Contact with all deliverables required of Arapahoe County through this Agreement 3. Training- Provide one tabletop exercise and assistance to the COE in implementing a second tabletop exercise. For the tabletop exercise organized by Arapahoe County, Arapahoe Page 127 of 403 3 County shall: • Hold an initial planning meeting, not to exceed one hour, with the COE to plan out the concept for the exercise • Develop and implement a scenario for the tabletop exercise • Provide the COE with a list of roles for which the COE will need to supply personnel • Develop any materials necessary for a successful tabletop exercise • Provide staff to facilitate the tabletop exercise with COE staff shadowing the facilitator For the tabletop exercise organized by the COE, Arapahoe County shall: • Participate in the initial planning meeting, not to exceed one hour, with the COE to discuss ideas for the concept of the exercise • Provide up to three suggestions for scenarios to the COE and assist the COE with selecting a scenario • Provide up to two members of Arapahoe County staff to advise and provide assistance to the COE during the tabletop exercise so as to meet expected outcomes as listed in the exercise plan 4. Technical Assistance- Arapahoe County will provide the COE with a one-hour technical assistance meeting each month. Arapahoe County’s Director of Emergency Management (or designee) shall attend the meeting, along with any other Arapahoe County staff the Director of Emergency Management deems necessary to provide adequate technical assistance to the COE. Meetings may cover any topic contained in this Agreement and shall not result in the assignment of any duties to Arapahoe County that are not provided for in this Agreement. 5. Support During Emergencies Arapahoe County shall provide hands-on support in the event that the COE’s City Manager activates the Emergency Operations Center, an emergency has been declared, and the COE’s City Manager requests OEM assistance. 6. Access to Regional Emergency Management Support Programs- Throughout the year, Arapahoe County will provide learning sessions and seminars on a variety of topics. Any general sessions developed by Arapahoe County that are open to other municipalities shall be open to the COE, with Arapahoe County having the responsibility of sharing calendar invitations through Microsoft Outlook to the COE’s Point of Contact. Examples include quarterly emergency management finance sessions and the annual snow planning event. 7. After Action Reports- Arapahoe County will provide the COE with technical assistance in revising and completing after action reports for all declared emergencies. This shall include: • Providing the COE with a template for an After Action Report • Providing the COE with suggestions on information that should be included in the After Action Reports • Reviewing the After-Action Reports and providing the COE with comments and proposed revisions for a time period of not to exceed five hours per After Action Report Page 128 of 403 4 III. CITY OF ENGLEWOOD DUTIES 1. Office of Emergency Management- The COE shall serve as the Office of Emergency Management for the City of Englewood. 2. Plan Development- The COE shall have ultimate responsibility for maintaining and developing the following plans: • Continuity of Operations Plan (COOP) • Emergency Operations Plan (EOP) • Programmatic Capability Assessment • Hazard Mitigation Plan 3. Point of Contact- The City Manager shall designate the COE’s Point of Contact. The COE’s point of contact shall: • Coordinate monthly technical assistance meetings between the COE and Arapahoe County, along with Arapahoe County’s designated Point of Contact • Provide Arapahoe County with the name and contact information for a backup Point of Contact when the Point of Contact is unavailable due to vacation, illness, or is otherwise indisposed • Contact Arapahoe County’s Point of Contact with any questions or concerns relative to the implementation of this Agreement • Provide Arapahoe County’s Point of Contact with all deliverables required of Arapahoe County through this agreement 4. Exercises- The COE will be responsible for participating in one tabletop exercise coordinated by Arapahoe County and will be responsible for coordinating and conducting one tabletop exercise supported by Arapahoe County. 5. Technical Assistance- The COE will participate in a one-hour technical assistance meeting each month, coordinated by Arapahoe County. The COE’s Point of Contact, or designee, will participate in all technical assistance meetings and will invite other COE employees as appropriate. The COE shall not assign any deliverables to Arapahoe County that are not included in this Agreement. 6. Support During Emergencies- The City Manager, through the COE’s Point of Contact or designee, shall reach out to Arapahoe County’s Point of Contact to request assistance for an emergency operation center activation. 7. After Action Reports- The COE shall be responsible for completing After Action Reports for each emergency incident utilizing a template and assistance provided by Arapahoe County. 8. Payment- The COE shall pay Arapahoe County $60,000 annually for the services provided by Arapahoe County under the terms of this Agreement. Each year, a payment of $30,000 shall be made by January 1, and a second payment of $30,000 shall be made by July 1. In addition to the foregoing, the COE shall pay Arapahoe County for any emergency operations assistance provided by Arapahoe County upon request by the COE for support for an emergency event within 30 days of receiving an invoice from Arapahoe County. If the COE requests support for an Page 129 of 403 5 emergency event, the COE shall pay Arapahoe County $2,000 for the first operational period, not to exceed 12 hours of the event, and $1,500 for each subsequent full operational period, with a do- not-exceed amount per event of $8,000 or 36 hours, whichever is greater. Arapahoe County staff will be assigned to the emergency event at the sole discretion of the Arapahoe County Director of Emergency Management or designee based on the needs of the COE and Arapahoe County. IV. GLOSSARY 1. Office of Emergency Management- Officially designated entity responsible for coordinating emergency events. 2. Emergency Operations Center (EOC)- A one-time operation called by the City Manager or designee to address a one-time emergency incident following emergency management best practices. 3. Emergency Operations Plan- As defined in the Colorado Revised Statutes. 4. Hazard Mitigation Plan- A county authored plan, which cities and special districts may adopt, which maps a variety of hazards and threats and is approved at the local, county, state, and federal levels of government. The HMP also allows for adopters to include mitigation actions in the plan, updating those actions annually, reduce the impact of disasters. 5. Continuity of Operations (COOP) Plan- A document containing a plan for mission-critical functions to continue to be performed during an emergency. 6. After Action Report- A report generated after the completion of an emergency event which provides a synopsis of the emergency, the response to the emergency, and suggestions for improvements and modified approaches. 7. Programmatic Capability Review- An assessment process to determine capabilities and gaps within the COE’s emergency management program based on direction from COE leadership for levels of capability to build and/or sustain. V. MISCELLANEOUS PROVISIONS 1. Term and Termination. This Agreement shall have an initial term of one year, with five optional one year renewals, subject to written approval by each Party and appropriations. This Agreement may be terminated by either Party at any time, with or without cause upon a Party providing no less than 30 days written notice to the other Party and upon fulfillment of any existing financial obligation. 2. Non-Appropriation. All financial obligations of a Party under this Agreement are subject to the annual appropriations of funds by its governing body. No provision of this Agreement will be construed or interpreted: (a) to directly or indirectly obligate a Party to make any payment in any fiscal year in excess of amounts appropriated by such Party for such fiscal year; or (b) as creating a debt or multiple fiscal year direct or indirect debt or other financial obligation Page 130 of 403 6 whatsoever of a Party within the meaning of Article X, Section 20 of the Colorado Constitution or any other constitutional or statutory limitation or provision. 3. Notices. Any notice, demand or request required by or relating to this Agreement shall be given by personal delivery, e-mail, facsimile, or sent by registered or certified mail, postage prepaid, to each Party at the address set forth herein. CITY OF ENGLEWOOD ARAPAHOE COUNTY 1000 Englewood Parkway 5334 South Prince Street Englewood, CO 80110 Littleton, Colorado 80120-1136 Attn: City Manager Attn: Arapahoe County Attorney and (send to both) Arapahoe County Sheriff’s Office Office of Emergency Management 13101 E. Broncos Parkway Centennial, Colorado 80112 Attn: Emergency Manager 4. No Third Party Beneficiaries. Nothing in this Agreement shall be deemed to create any third party beneficiary or beneficiaries, or create a right or cause of action for the enforcement of its terms, in any entity or person not a Party to this Agreement. 5. Amendments. No change, amendment, or waiver of any of the terms or provisions of this Agreement shall be valid or binding unless the same has been approved in writing by the governing bodies of both Parties. 6. No Assignment. This Agreement may not be assigned by either Party. 7. Severability. In the event that any of the terms, covenants or conditions of this Agreement, or their application, shall be held invalid as to any person, corporation, or circumstances by any court having competent jurisdiction, the remainder of this Agreement, and the application in effect of its terms, covenants, or conditions to such persons, corporations or circumstances shall not be affected thereby. 8 Governmental Immunity. This Agreement is not intended, and shall not be construed as a waiver of the limitations on damages or any of the privileges, immunities, or defenses provided to, or enjoyed by the Parties, their employees, and volunteers, under federal or state constitutional, statutory or common law, including but not limited to the Colorado Governmental Immunity Act, Section 24-10-101, C.R.S., et seq., as may be amended. 9. Governing Law, Jurisdiction, and Venue. Colorado law governs this Agreement. Jurisdiction and venue shall lie exclusively in the District Court for Arapahoe County. 10. Indemnification. To the extent authorized by law, and without waiving the provisions of the CGIA, the COE shall indemnify, save and hold harmless Arapahoe County against any and all claims, damages, liability and court awards including costs, expenses and attorney fees incurred as Page 131 of 403 7 a result of any act or omission by the COE, or its employees, agents, subcontractors, assignees pursuance to the terms of this contract. The COE is a “public entity” within the meaning of the Colorado Governmental Immunity Act, § 24-10-101 et seq., and nothing in this Agreement shall be deemed a waiver by either Party of any provision of that Act. In executing this Agreement, Arapahoe County does not assume liability or responsibility for, or in any way release the COE from any liability or responsibility which arises in whole or in part from the COE’s exercise of its independent judgment and authority as it relates to the adoption or approval of specific emergency plans or determinations regarding the authorization of resources during an emergency response, including liability that arises based on the existence or effect of COE ordinances, policies, rules or regulations. If any cause, claim, suit, action or administrative proceeding is commenced in which the enforceability and/or validity of any such COE ordinance, policy, rule or regulation is at issue, the COE shall defend the same at its sole expense and, if judgment is entered or damages are awarded against the COE, Arapahoe County, or both, the COE shall satisfy the same, including all chargeable costs and reasonable attorney’s fees. 11. Insurance. Required Policies. The COE is a member of the Colorado Intergovernmental Risk Sharing Agency, also known as, “CIRSA”, with a current deductible of $150,000 (one hundred fifty thousand dollars), and the COE shall maintain the following insurance coverage, with CIRSA at its own expense: Commercial General Liability insurance with minimum combined single limit of $ 10,000,000 (ten million dollars) each occurrence and $ 10,000,000 (ten million dollars) aggregate, covering all operations by or on behalf of each entity against claims for bodily injury, including death, personal injury, and property damage liability, and; Commercial Automobile Liability insurance with minimum combined single limits for bodily injury and property damage of not less than 5,000,000 (five million dollars) each occurrence for COE-owned vehicles. Arapahoe County shall make provisions for workers’ compensation insurance, social security employment insurance and unemployment compensation for its employees performing services under this Agreement as required by any law of the State of Colorado or the federal government and shall upon written request exhibit evidence to the COE. The COE and Arapahoe County are each responsible for the required and necessary workers’ compensation coverage on their respective employees. Additional Insureds. All policies referenced in this Section shall be primary insurance with respect to the actions of the insured Party. The COE’s policies shall include Arapahoe County as an additional insured for damage or injury arising out of the premises or operations of the Party that is the named insured under the Policy. The named insured’s policy shall provide primary Page 132 of 403 8 insurance for the additionally insured Party to the extent and in the manner provided in the applicable policy. Certificates. The COE shall provide Arapahoe County with Certificates of Insurance for the coverages required under this Section at least thirty (30) days prior to the beginning of the term of this Agreement and notice at least thirty (30) days prior to any expiration of coverage. The Certificate will confirm that the carrier(s) will provide the Certificate holder with thirty (30) days written notice prior to the effective date of any cancellation, non-renewal, or any other material change. 12. Waiver of Breach. A Party’s waiver of another Party’s breach of any term or provision of this Agreement will not operate or be construed as a waiver of any subsequent breach by any Party. 13. Complete Agreement. This Agreement embodies the entire agreement of the Parties. There are no promises, terms, conditions, or obligations other than those contained herein; and this writing supersedes all previous communications, representations, or agreements, either verbal or written between the Parties. 14. Execution. This Agreement may be executed in several counterparts, and by facsimile, or electronic pdf, each of which shall be an original, and all of which together will constitute one and the same instrument. IN WITNESS WHEREOF, the Parties have caused to be executed this Intergovernmental Agreement regarding the Provision of Emergency Management Consulting Services by Arapahoe County, and the Arapahoe County Office of Emergency Management for the City of Englewood. CITY OF ENGLEWOOD COUNTY OF ARAPAHOE Name: Name: Title: Mayor Title: Date: Date: ATTEST: Stephanie Carlile, City Clerk [REMAINDER OF PAGE INTENTIONALLY BLANK] Page 133 of 403 9 Page 134 of 403 Emergency Management IGA Pa g e 1 3 5 o f 4 0 3 Agreement History •The City and County originally entered into an agreement in 2019 for the provision of emergency management services •Under the terms of the agreement, the County provided direct emergency services to the City including a full-time emergency management coordinator Pa g e 1 3 6 o f 4 0 3 Achievements to Date •Emergency event assistance (COVID-19 and E. Coli incident) •Planning- Development and maintenance of the Emergency Operations Plan, Crisis Communications Plan, and Hazard Mitigation Plan •Training- Regional training on cyber security; specialized training for emergency operations center managers; two table top exercises; development of a document and training library; small group trainings; and coordination of access to FEMA training courses for City employees •External communication- Campaign to increase participation in the ArapAlerts emergency alerts system Pa g e 1 3 7 o f 4 0 3 Purpose for New Proposal •Since 2019, the City and County worked together to develop and implement processes and procedures for emergency management including the development of plans and implementation of training protocols •Given achievements during this period, both parties believe that a technical assistance program will provide the City with the support needed to continue to develop an emergency management program •Under the new agreement, the County will provide technical assistance and support the City with the implementation and maintenance of an emergency management program. Pa g e 1 3 8 o f 4 0 3 Components of the Updated IGA •Plan development •Point of contact and technical assistance •Training •Emergency activations •After action reports Pa g e 1 3 9 o f 4 0 3 Questions Pa g e 1 4 0 o f 4 0 3 1 ORDINANCE COUNCIL BILL NO. 27 NO. _____________ INTRODUCED BY COUNCIL SERIES OF 2024 MEMBER PRANGE AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND ARAPAHOE COUNTY FOR THE PROVISION OF EMERGENCY MANAGEMENT CONSULTING SERVICES TO THE CITY ENGLEWOOD BY THE ARAPAHOE COUNTY OFFICE OF EMERGENCY MANAGEMENT WHEREAS, on September 3, 2019, the City of Englewood approved Ordinance No. 37 Series of 2019, authorizing an Intergovernmental Agreement with Arapahoe County for the provision of emergency management services to the City of Englewood by the Arapahoe County Office of Emergency Management; and WHEREAS, under the 2019 Agreement the Arapahoe County Office of Emergency Management provided the City of Englewood with direct emergency management services; and WHEREAS, Arapahoe County and the City of Englewood desire to modify the prior arrangement by entering into a new Agreement whereby Arapahoe County will provide the City of Englewood with technical assistance and consulting for emergency management services; and WHEREAS, under the new Agreement the City will be the Office of Emergency Management for the City of Englewood and shall receive assistance from Arapahoe County; and WHEREAS, the passage of this Ordinance will authorize the City of Englewood to enter into an Intergovernmental Agreement with Arapahoe County for technical assistance with emergency management services; and WHEREAS, Article XIV, Section 18(2)(a) of the Constitution of the State of Colorado, and Part 2, Article 1, Title 29, C.R.S. encourages and authorizes intergovernmental agreements; and WHEREAS, Sections 29-1-203 and 29-1-203.5, C.R.S. authorize governments to cooperate and contract with one another to provide any function, service, or facility lawfully authorized to each. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Page 141 of 403 2 Section 1. The City Council of the City of Englewood, Colorado hereby authorizes execution by the City of an Intergovernmental Agreement with Arapahoe County for the Provision of Emergency Management Consulting Services to the City of Englewood by the Arapahoe County Office of Emergency Management, in the form substantially the same as that attached hereto. 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 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. Page 142 of 403 3 F. Actions Authorized to Effectuate this Ordinance. The Mayor is hereby authorized and directed to execute all documents necessary to effectuate the approval authorized by this Ordinance, and the City Clerk is hereby authorized and directed to attest to such execution by the Mayor where necessary. In the absence of the Mayor, the Mayor Pro Tem is hereby authorized to execute the above-referenced documents. The execution of any documents by said officials shall be conclusive evidence of the approval by the City of such documents in accordance with the terms thereof and this Ordinance. City staff is further authorized to take additional actions as may be necessary to implement the provisions of this Ordinance. G. Enforcement. To the extent this ordinance establishes a required or prohibited action punishable by law, unless otherwise specifically provided in Englewood Municipal Code or applicable law, violations shall be subject to the General Penalty provisions contained within EMC § 1-4-1. Introduced and passed on first reading on the 15th day of July, 2024; and on second reading, in identical form to the first reading, on the ___ day of ____________, 2024. Othoniel Sierra, Mayor ATTEST: _________________________________ Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of an Ordinance, introduced and passed in identical form on first and second reading on the dates indicated above; and published two days after each passage on the City’s official website for at least thirty (30) days thereafter. The Ordinance shall become effective thirty (30) days after first publication on the City’s official website. Stephanie Carlile Page 143 of 403 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Sarah Stone DEPARTMENT: Utilities DATE: August 5, 2024 SUBJECT: Englewood Property Owner – Request for City Ditch License Agreement and Consent to Assignment of License Agreement DESCRIPTION: Ordinance to approve City Ditch License Agreement with Corah Enterprises, L.L.C. (Corah) for rights and obligations within the City Ditch Right-of-Way at 3650 South Cherokee Street and Consent to Assignment of License Agreement to prospective purchasers. RECOMMENDATION: Utilities staff is seeking City Council approval by Ordinance of a City Ditch License Agreement and a Consent to Assignment of License Agreement with Corah. These agreements document the City of Englewood’s (City) and Corah’s rights and obligations concerning the property use and operations within the City Ditch Right-of-Way at 3650 S Cherokee Street. The Water and Sewer Board recommended Council approve the two agreements with Corah at its July 9, 2024 meeting. PREVIOUS COUNCIL ACTION: None. SUMMARY: Corah has an apartment building and parking lot at 3650 S Cherokee St, where a piped portion of the City Ditch overlaps the property. The City Ditch is critical raw water infrastructure that conveys water to the Allen Water Treatment Plant and other water users. Corah intends to sell its property, and prospective buyers encountered a title discrepancy related to the parcel ownership in which the parking lot and City Ditch are both located. Some records indicate City ownership, while other records show Corah owning the parcel with the City holding a Right-of-Way and easement for the City Ditch. Additional agreements grant Corah the right to pipe the City Ditch through the property and encroach upon the easement. The area in question is shown in Figure 1. Page 144 of 403 Figure 1: City Ditch and Parking Lot at 3650 S Cherokee St. ANALYSIS: Upon review by the City Attorney’s office and Utilities staff, it was determined that the City does not own property in this area, instead the City holds an easement and Right-of-Way for City Ditch. In order to resolve the title discrepancy, the City Attorney’s Office and Englewood Utilities Water Rights Attorneys drafted a City Ditch License Agreement and a Consent to Assignment of License Agreement for 3650 S Cherokee St. Additionally, these agreements protect the City’s current and future interests to the City Ditch on this property. Staff recommends Water and Sewer Board support City Council’s approval of the following agreements: 1. City Ditch License Agreement: The proposed agreement documents the City’s and property owner’s rights and obligations concerning the property use and operations within the City Ditch Right of Way. The City shall retain the right to operate, maintain, or relocate the City Ditch. Corah will continue to have the right to maintain the parking lot, including snow removal, repairs, and management of landscaping. No additional use or construction over the City Ditch Right-of-Way is permitted without permission from the City. Any assignment of the Agreement requires written consent by the City. 2. Consent to Assignment of License Agreement: This agreement will allow Corah to sell the property with the rights of the proposed City Ditch License Agreement to prospective buyers. In addition, it ensures the City can consent to such assignment. Page 145 of 403 The property owner will attend the City Council meeting on July 15, 2024, and be available to answer any questions from Council. City staff will present information on this item. While the property owner will not be presenting, a presentation prepared by the property owner is included in the Council packet. COUNCIL ACTION REQUESTED: Approval by Ordinance of a City Ditch License Agreement and Consent to Assignment of License Agreement with Corah Enterprises, L.L.C to document the City of Englewood’s and Corah Enterprises, L.L.C’s rights and obligations concerning the property use and operations within the City Ditch Right-of-Way at 3650 South Cherokee Street. FINANCIAL IMPLICATIONS: None. CONNECTION TO STRATEGIC PLAN: Infrastructure: Proactively and in a cost-effective manner invests, maintains, improves and plans to protect water infrastructure Economy: Ensure a pro-business climate Governance: A city government that serves the community by being efficient, effective, accountable and adaptable ATTACHMENTS: CAS / City Ditch License Agreement CAS / Consent to Assignment of License Agreement Deed Right of Way 1957 License to Bury Ditch 1973.11 Encroachment Agreement with Site Plan 1973.11 License to Bury East Portion of Ditch apprx. 70.5 ft with Site Plan Property Owner Presentation PowerPoint Presentation Council Bill to approve agreements Page 146 of 403 Contract Number City Contact Information: Staff Contact Person Phone Title Email Summary of Terms: Original Contract Amount Start Date 2024 Amendment Amount End Date Amended Contract Amount Total Term in Years Vendor Contact Information: Name Contact Address Phone Email City State Zip Code Contract Type: Please select from the drop down list Description of Contract Work/Services Procurement Justification of Contract Work/Services Payment or Revenue terms (please describe terms or attached schedule if based on deliverables) N/A The proposed agreement documents the City’s and property owner’s rights and obligations concerning the property use and operations within the City Ditch Right of Way. The City shall retain the right to operate, maintain, or relocate the City Ditch. Corah will continue to have the right to maintain the parking lot, including snow removal, repairs, and management of landscaping. No additional use or construction over the City Ditch Right-of-Way is permitted without permission from the City. Any assignment of the Agreement requires written consent by the City. Upon review by the City Attorney’s office and Utilities staff, it was determined that the City does not own property in this area, instead the City holds an easement and Right-of-Way for City Ditch. In order to resolve the title discrepancy, the City Attorney’s Office and Englewood Utilities Water Rights Attorneys drafted a City Ditch License Agreement and a Consent to Assignment of License Agreement for 3650 S Cherokee St. Additionally, these agreements protect the City’s current and future interests to the City Ditch on this property. CITY DITCH LICENSE AGREEMENT $ - $ - $ - 303-762-2331Victoria McDermott VMcdermott@englewoodco.govDeputy City Attorney Renewal options available N/A City of Englewood, Colorado CONTRACT APPROVAL SUMMARY Corah Enterprises, L.L.C. License Agreement Page 147 of 403 CONTRACT APPROVAL SUMMARY Source of Funds: Revenue CAPITAL ONLY A B C 1=A-B-C Capital Tyler New World Spent To Contract Budget Operating Year Project # / Task #Fund Division Account Line Item Description Contract Title Budget Date Amount Remaining C -$ -$ -$ -$ C -$ -$ -$ -$ O -$ -$ -$ -$ O -$ -$ -$ -$ O -$ -$ -$ -$ Total Current Year -$ -$ -$ -$ C -$ -$ -$ -$ C -$ -$ -$ -$ O -$ -$ -$ -$ O -$ -$ -$ -$ O -$ -$ -$ -$ Total - Year Two -$ -$ -$ -$ GRAND TOTAL -$ -$ -$ -$ Process for Choosing Contractor: Solicitation Name and Number Attachment (For Capital Items Only / Expense Line Item Detail is Located in OpenGov): All Other Attachments: General Ledger Account String N/A NOTES/COMMENTS (if needed): N/A For Operating Line Item Detail, please review information provided in Tyler New World For Capital Items, please review Prior Month's Project Status and Fund Balance Report Solicitation:Evaluation Summary/Bid Tabulation Attached Proposal/Bid Attached Prior Month-End Project Status and Fund Balance Report Evaluation Summary/Bid Tabulation AttachedEvaluation Summary/Bid Tabulation AttachedEvaluation Summary/Bid Tabulation AttachedContract Copy of Original Contract if this is an Amendment Copies of Related Contracts/Conveyances/Documents Addendum(s) Exhibit(s) Certificate of Insurance Page 148 of 403 Upon re rdmg return it» Cll)ul’lznglcnaod l(in Anumeyk Ul'l'lce Auu VlC|0rlit MchrmotL Deputy my Attorney mooLuglcnond Parkway l'nglenoud.to am It) E?'?lewoodPROCUREMENTDIVISION CITY DITCH LICENSE AGREEMENT THIS LICENSE AGREEMENT (“Agreement").made and entered into as 01‘ the day (Jilluly.2024.by and between the CITY OF ENGLEWOOD.a municipal corporation of Colorado.hereinafter rel'erred to as "Englewood"or "City."and CORAH ENTERPRISESL.L.C..a Colorado limited liability company,hereinafter referred to as “Licensee.“ WHEREAS.pursuant to that certain Right of Way granted by Peter Magnes on or about May It).I875 and recorded in Book 76 at Page 186.the City of Englewood.as successor in interest to the Platte Water Company.owns a Rigltt-of-Way for the City Ditch,a carrier ditcht a portion of such Right»ot1Way is located as described in Exhibit A.attached hereto and incorporated by reference as Exhibit A (herein “City Right of Way");and WHEREAS.Licensee owns that certain real property adjacent to the City Right ol‘Way as depicted on Exhibit B with an address of 3650 South Cherokee Street. Englewood.Colorado 80]10 (herein the "Corah Parcel“);and WHEREAS,Licensee‘s predecessor in interest.Harold J.Corah and Charlotte A. Corah over time have been parties to several agreements pertaining to the ground upon which the City Right of Way applies including but not limited to:(i)a License Agreement dated February 1.[957:(ii)a License Agreement dated November 26.|973 and (iii)an Encroachment Agreement dated November 26,I973 (herein the “Prior Agreements").The Prior Agreements granted among other things the right to bury the City Ditch and to encroach upon the City Right of Way and easement for the purposes of installing.accessing.and using an asphalt or concrete parking lot.and related purposes for the bene?t of the Corah Parcel (herein “Licensee‘s Use"),as more fully described in the Prior Agreements;and WHEREAS.Englewood and Licensee for good and valuable consideration.the receipt of which is acknowledged by the parties.enter into this Agreement to clarify the Page 149 of 403 parties‘rights and obligations with respect to the use and operations within the City Right of Way. NOW,THEREFORE.THE CITY AND LICENSEE AGREE AS FOLLOWS: l. l\’ The City holds a property interest in the City Right of Way in trust [or public use. and the City maintains the authority to regulate how and when the City Right of Way may be used by members of the public.and public or private entities pursuant to the above referenced deed.Subject to the terms of this Agreement.the City hereby grants Licensee a nonexclusive license to the Licensed Area depicted on Exhibit A ("Licensed Area")on and over the City Right of Way Area for Licensee‘s Use. In granting this License.the City reserves the right to make full use of the City Right of Way as may be necessary or convenient in the operation of the City Ditch,and the City retains all rights to operate.maintain.installt repair.remover or relocate any oFits underground facilities located within the City Right of Way at any time and in such a manner as it deems necessary or convenient.In the event Licensee installs any improvements other than as associated with the Licensee‘s Use after the date ofthis Agreement which materially and adversely interfere with the City‘s use or operation of the City Ditch or the City Right of Way.Licensee shall.upon request by the City and at Licensee‘s sole expense.immediately relocate.rearrange or remove its installation so as not to interfere with any such City use and to remove said installation of Licensee when necessary or convenient for the City,its successors.or assigns. The City shall have the right to maintain.install.repair.remove.or relocate the (‘in Ditch or any other of its facilities or installations within the City Right of Way at any time and in such manner as the City deems necessary or convenient. The City reserves the exclusive right to control all easements and installations. The rights and privileges granted in this License shall be subject to prior agreements.licenses and/or grants.recorded or unrecorded and it shall be the Licensee‘s sole responsibility to determine the existence ofsaid documents. The Licensee shall have the right to maintain the City Right of Way Area. including but not limited to,snow removal.parking lot repairs and lighting. planting and trimming grass and/or bushes.fertilization and irrigation.and removal ol‘trash and brush. Access to the City Right 01‘Way by City personnel must be maintained by Licensee for inspection and maintenance. N4 Page 150 of 403 7. it). No use or additional construction.other than the existing parking lot.shall be allowed over the City Right of Way Without express written permission From the City. Upon abandonment ot‘any right or privilege herein granted.the right ol‘Licensee to that extent shall terminate.but its obligation to indemnify and save harmless the City.its of?cers.and employees shall not terminate in any event. This License is assignable upon the written notice to.and consent by the City. which consent shall not be unreasonably withheld.conditioned.or delayed.iii Licensee is then in compliance v\ith all the terms and conditions of this License. the rights granted to the Licensee by this License may be assigned to a person or entity who purch es the Corah Parcel.provided the Licensee's Use does not change.Upon City's consent of the assignment all this License.Licensee shall be released ot‘all responsibility under the provisions of this License and the approved assignee shall assume all obligations thereunder. All notices.which shall or may be given pursuant to this Agreement and shall be et‘t‘tive on receipt.shall be in writing and transmitted thro gh both email and US Mail.postage prepaid as follows.Either party may update the notice addresses and parties by written noti?cation to the other: CITY OF ENGLEWOOD: City of Englenood 7 Utilities Department Email:uti|ities@eng|e\~oodco.gov l000 Englewood Parkway Englenood.Colorado SOI I0-2373 With copies to: Englcwood City Attorney‘s Of?ce cao@eng|e\voodco.gov [000 Englewood Parkway Englewood.Colorado 80|l0-2373 LICENSEE: Curah Enterprises.LLC Attn.David Corah PO,Box lZS Kiowa.CO 80|I7 Email:Davcoraht?gmaiLeom Page 151 of 403 ll. with a copy to: Corah Enterprises.LLC Attn.Dan Corah 2565 Heatherbrook Lane Germantown,TN 38138 Email:dancorah@hotmailrcom Licensee shall comply with all applicable laws and ordinances and all rules. regulations and requirements ol’any environmental standards and conditions applicable to the City Right ol‘Way.Il‘.as a result ot'thc Licensee‘s occupancy of the premises and its operation hereunder,any such law.ordinance.rule or regulation is violated.Licensee shall protect.save harmless.defend and indemnify the City from and against any penalties,?nest costs and expenses including legal fees and court costs incurred by the City.caused by.resulting from or connected with such violation or violations.and this License shall terminate immediately. .This License is made under and conformable to the provisions of Section 123-2 of Englewood Municipal Code (“EMC”).which provides for conditions of Licenses pertaining to City Ditch.and 4-l-3-4 of EMC.which provides standard contract provisions for all contractual agreements with the City.[nsolar as applicable the provisions of EMC Sections [2-3-2 and 44-3-4 are incorporated herein and made a part hereof by this reference and shall supersede any apparently con?icting provision otherwise contained in this Agreement. [rmumudm-0/'[)(tge intentionally left titan/c] Page 152 of 403 IN WITNESS WHEREOF this instrument has been executed by the parties as of the day and year ?rst above written by the signatures of their authorized representatives below. CITY OF ENGLEWOOD,COLORADO By Mayor Othoniel Sierra ATTEST: City Clerk m Page 153 of 403 LICENS LI CORAII FA ‘I‘RI’RISI‘S.INL‘C‘.a Colorado limited liabiliucumpam 1 SIAM-,0}(WINK/HM)) )ss, COUNTY 015 ARAPAI I01:)i i '1 his Imlrumem “11.x nuknmxlcdgcd before me lhxx I;F }ol‘J u l 20:».b}QM ‘ ‘p [C 3.member uH'nmh lama-pr BRENDA J VAHNERanawPubhc Slaie 0|Cololaao Nulavy \Dl 20‘24026756 ‘l,LC,:\(Mm'udo Commlsslo?Ex ire:0472772028 Nomi)Public M)L'mnmiMimu npil‘cvw?tl:O'Q:§Qg$ Page 154 of 403 Exhibi‘A City Right «Way PARCEL EXHIBIT LOCATEDmum sec 3‘Haw,am PM ,ch or ENGLEWODD comm or Mum <0:sun:or commuo ‘ mvs ‘‘ ‘sKERRns ‘MC“ ‘‘WWW.»_m”‘, 1 ‘1 "”"G ;mm 1Marathon‘PAHruan .‘‘ ‘5mm ‘mm ‘”alarm”‘“mm , ‘3310ch “m"r '‘va’wal'E ‘ ‘‘Na‘H‘EE'E 27 “' user ‘ ‘‘uza-u-are ‘ ‘"mu. ‘"mm” m-25-or: MS???) 323‘13-SW! 75 73‘ En"Iva-EM’ 20 m‘ ‘‘ mal‘n‘ym:"”" h wH\\F g x ‘\swwu-w Eu2V 2431‘we,“ anmnmv HEKGWS «tuna 525,291“,mum ‘ uwaow?v " 25.0w F :m smmws M07115 V7 m bmmwtym (1W munLEGENDmumumumwmsuwv m min am.m:c <a?.:Ncsznun,vAwnc n myWvout»(SEE ND‘L m)“mm;nr w;u AW)w o v :owmrs-ou~u Mowuw AS MOVED gm)"CH mm QARC oummv su ,,7 runs:cuwwm mm mm ="my”mm mm ‘r M;mm mm m; »A;row mm mm” .mm N m ”my ‘Edn?dnIll: um ”mum: ‘5000 LAWRENCEsr srzm um av DATE DENVER,co 50205 \.30375537759 ,,”“5 ,5/23/27“ A-l Page 155 of 403 LEGAL DESCRIPTION LEGAL DESCRTRTIOV. A PARCEL or LAN)[OCATED mum sEcToN 3,ToszmP 5 SOUWMRANGE 65 WEST or mt 6m PM town:or ARAPAHoLSTATE OF COLORADO,MORE FARTTCULARLV DESCRIBEDAS FOLLOW . aEmNNING AT THE NORTHWEST CORNER OF [OT T,5mm 1‘ HAmuoN AND KILLIES BROADWAY HEIBHIS,BEING A RECOVERED T”VAC sTAupEn ms 9239.rwu wnzucz m: NORTHEAST CORVER 0F .0T 6,BLOCK 3‘ENGLEWOODHETGHTS aEARs N59'oam"E As SanN nEREo YHENCESl‘lv'SC'W.A uTsTANcE or 4B 54'To THE TRUEPJ‘N' 0F amNN No,mmcr VHF FonomNG Tmmrm (u)COURSES, 1)N54‘30'18"W,QSDD‘ 2)st‘ze'n’t‘225V 3)N43‘09'39"‘25.57' 4)NAQ‘ZS'OI ,25.55’ 5)NAT-owe ,Tma‘ 6)Nza'Ts'Ja‘E,naz' 7)N05‘H'56"E.o 55' a)NII‘UU'0/"E.2m“ 9)sc 'n s'w.15 97' 10';5261535 w.25 73' n)sAI-os'as'w,23 m’ ”1549'e‘oww.77 oo' 13‘,343'09'39"w 733V :4)szs'zs'az'w ”173‘ID THE now or ammwwc, PARCEL CONTAINS smaJe SQUARE FEET OR 0072 ACRES MORE OR LESS w:unDERSTmm,A mmmso we suRvaon m we mus ormemo,no «mm mm Tm Ms amen wAs s-mezn av ME AND Ts mur Am ACCURATE m m:at or m xwmmu: ADAMc swson comm w s )3744 JOE NUMBER Edgndn ill: Ia mun.“ 3000 LAWRENCE ST STEJH DRAMBY DATE. DENVER,CO 50205 303766577540 "CS Ema/2} Page 156 of 403 Exhibit B Corah Parcel LOTS I THROUGH 4,INCLUSIVE BLOCK 3.HAMILTON AND KILLIE'S BROADWAY HEIGHTS‘AND LOT 8‘BLOCK 3.ENGLEWOOD HEIGHTS. TOGETHER WITH THAT PART OF LOTS l-3.BLOCK 4.SKERRITT'S ADDITION 2ND FILING‘DESIGNATED AS BEGINNING AT THE SW CORNER OF LOT l. THENCE NORTHEAST 72‘34 FEET.THENCE NORTH 5.25 FEET,THENCE SOUTHWEST 74.5I FEET,THENCE SOUTH |.00 FOOT TO THE POINT OF BEGINNING.COUNTY OF ARAPAHOE.STATE OF COLORADO. B-l Page 157 of 403 Contract Number City Contact Information: Staff Contact Person Phone Title Email Summary of Terms: Original Contract Amount Start Date 2024 Amendment Amount End Date Amended Contract Amount Total Term in Years Vendor Contact Information: Name Contact Address Phone Email City State Zip Code Contract Type: Please select from the drop down list Description of Contract Work/Services Procurement Justification of Contract Work/Services City of Englewood, Colorado CONTRACT APPROVAL SUMMARY Corah Enterprises, L.L.C. Consent to Assignment of License Agreement ASSIGNMENT AND ASSUMPTION OF CITY DITCH LICENSE AGREEMENT $ - $ - $ - 303-762-2331Victoria McDermott VMcdermott@englewoodco.govDeputy City Attorney Renewal options available N/A This agreement will allow Corah to sell the property with the rights of the proposed City Ditch License Agreement to prospective buyers. In addition, it ensures the City can consent to such assignment. Upon review by the City Attorney’s office and Utilities staff, it was determined that the City does not own property in this area, instead the City holds an easement and Right-of-Way for City Ditch. In order to resolve the title discrepancy, the City Attorney’s Office and Englewood Utilities Water Rights Attorneys drafted a City Ditch License Agreement and a Consent to Assignment of License Agreement for 3650 S Cherokee St. Additionally, these agreements protect the City’s current and future interests to the City Ditch on this property. Payment or Revenue terms (please describe terms or attached schedule if based on deliverables) N/A Page 158 of 403 CONTRACT APPROVAL SUMMARY Source of Funds: Revenue CAPITAL ONLY A B C 1=A-B-C Capital Tyler New World Spent To Contract Budget Operating Year Project # / Task #Fund Division Account Line Item Description Contract Title Budget Date Amount Remaining C -$ -$ -$ -$ C -$ -$ -$ -$ O -$ -$ -$ -$ O -$ -$ -$ -$ O -$ -$ -$ -$ Total Current Year -$ -$ -$ -$ C -$ -$ -$ -$ C -$ -$ -$ -$ O -$ -$ -$ -$ O -$ -$ -$ -$ O -$ -$ -$ -$ Total - Year Two -$ -$ -$ -$ GRAND TOTAL -$ -$ -$ -$ Process for Choosing Contractor: Solicitation Name and Number Attachment (For Capital Items Only / Expense Line Item Detail is Located in OpenGov): All Other Attachments: N/A NOTES/COMMENTS (if needed): N/A For Operating Line Item Detail, please review information provided in Tyler New World For Capital Items, please review Prior Month's Project Status and Fund Balance Report General Ledger Account String Solicitation:Evaluation Summary/Bid Tabulation Attached Proposal/Bid Attached Prior Month-End Project Status and Fund Balance Report Evaluation Summary/Bid Tabulation AttachedEvaluation Summary/Bid Tabulation AttachedEvaluation Summary/Bid Tabulation AttachedContract Copy of Original Contract if this is an Amendment Copies of Related Contracts/Conveyances/Documents Addendum(s) Exhibit(s) Certificate of Insurance Page 159 of 403 WHEN RECORDED MAIL THIS DOCUMENT TO: Otten, Johnson, Robinson, Neff & Ragonetti P.C. 950 Seventeenth Street, Suite 1600 Denver, Colorado 80202 Attention: Matthew S. Bender SPACE ABOVE THIS LINE FOR RECORDER’S USE ASSIGNMENT AND ASSUMPTION OF CITY DITCH LICENSE AGREEMENT THIS ASSIGNMENT AND ASSUMPTION OF CITY DITCH LICENSE AGREEMENT (this “Assignment”) is made and given as of the ____ day of July, 2024 (the “Effective Date”) by the CORAH ENTERPRISES, L.L.C., a Colorado limited liability company (“Assignor”), to 3650 S CHEROKEE, LLC, a Colorado limited liability company (“Assignee”), and is consented to below by the CITY OF ENGLEWOOD, a municipal corporation of Colorado (“Englewood”). For Ten and No/100 Dollars ($10.00) and other good and valuable consideration, the receipt, adequacy, and sufficiency of which are hereby acknowledged, Assignor does hereby sell, assign, transfer, and set over unto Assignee, all of the right, title, and interest of Assignor, as lessor, in, to, and under that certain City Ditch License Agreement entered into as of [____________ ___, 2024] by and between Englewood, as licensor, and Assignor, as licensee, recorded in the real property records of Arapahoe County, Colorado at reception no. [__________] (the “City Ditch License”). Assignee does hereby accept the foregoing Assignment subject to the terms hereof, and hereby assumes the obligations of Assignor under the City Ditch License accruing after the date hereof. This Assignment may be executed in several counterparts and all counterparts so executed shall constitute one Assignment, binding on all the parties hereto and thereto, notwithstanding that all the parties are not signatories to the same counterpart. [Signature pages follow] Page 160 of 403 Signature Page IN WITNESS WHEREOF, Assignor and Assignee have executed and delivered this Assignment effective as of the day and year first above written. ASSIGNOR: CORAH ENTERPRISES, L.L.C., a Colorado limited liability company By: Name: Title: STATE OF COLORADO ) ) ss. __________ COUNTY OF __________ ) The foregoing instrument was acknowledged before me this ____ day of July, 2024, by ______________, as ________________ of the Corah Enterprises, L.L.C., a Colorado limited liability company, on behalf of such entity. Witness my hand and official seal. My commission expires: . Notary Public [Signatures continue on the following page] Page 161 of 403 Signature Page ASSIGNEE: 3650 S CHEROKEE, LLC, a Colorado limited liability company By: Name: Diana Talty Title: Authorized Signatory STATE OF COLORADO ) ) ss. CITY AND COUNTY OF DENVER ) The foregoing instrument was acknowledged before me this ____ day of July, 2024, by Diana Talty, as Authorized Signatory of the 3650 S Cherokee, LLC, a Colorado limited liability company, on behalf of such entity. Witness my hand and official seal. My commission expires: . Notary Public [Consent of the City of Englewood follows] Page 162 of 403 Consent of the City of Englewood CONSENT OF THE CITY OF ENGLEWOOD ATTACHED TO ASSIGNMENT AND ASSUMPTION OF CITY DITCH LICENSE AGREEMENT The CITY OF ENGLEWOOD, a municipal corporation of Colorado (“Englewood”), is a party to that certain City Ditch License Agreement entered into as of ________, 2024 by and between Englewood, as licensor, and CORAH ENTERPRISES, L.L.C., a Colorado limited liability company (“Seller”), as licensee, recorded in the real property records of Arapahoe County, Colorado at reception no. __________ (the “City Ditch License”). Englewood understands that the rights and responsibilities of Seller under the City Ditch License are being assigned in connection with a sale of the “Corah Parcel” (as defined in the City Ditch License) to 3650 S CHEROKEE, LLC, a Colorado limited liability company (“Buyer”) (collectively, such transaction, the “Sale”). The use of the Corah Parcel is not changing in connection with the Sale. Englewood desires to, and by its signature below hereby does, consent, for all purposes, to the Sale and the assignment of the rights and obligations under the City Ditch License from Seller to Buyer in accordance with the terms set forth in the Assignment and Assumption of City Ditch License Agreement to which this Consent of the City of Englewood is attached. Upon the closing of the Sale, Seller shall be released of all responsibility under the provisions of this City Ditch License and Buyer shall assume all obligations thereunder. In connection with the Sale, Englewood hereby agrees and confirms to Buyer that: (i) the City Ditch License is valid and in existence as executed and has not been amended, modified or changed; and (ii) to the best of Englewood’s knowledge, no default by Seller or Englewood currently exists under the City Ditch License, and no sums are due from Seller under the City Ditch License. From and after the Closing, notice under the City Ditch License shall be sent to Buyer at the following address: 3650 S Cherokee, LLC, 2243 Curtis Street, Denver, Colorado 80205, Attn: Terrance Doyle. Englewood is executing and delivering this Consent of the City of Englewood for the benefit of Buyer and its lender(s), together with their respective successors and assigns. [Signature page follows] Page 163 of 403 Consent of the City of Englewood IN WITNESS WHEREOF, Englewood has executed and delivered this Consent of the City of Englewood effective as of the day and year first above written. CITY OF ENGLEWOOD, COLORADO By ________________________________ Mayor Othoniel Sierra ATTEST: _______________________________________ City Clerk Page 164 of 403 I;.,_:2:,.L‘:~no ‘I), Mum Wu..w .e l ,‘y-a.“i‘“may.2,» ,g'. f,.E? ‘3, Page 165 of 403 I;.,_:2:,.L‘:~no ‘I), Mum Wu..w .e l ,‘y-a.“i‘“may.2,» ,g'. f,.E? ‘3, Page 166 of 403 ?aw,gyg?ipi ISSXEx?gaiut .13):. ’I >4“n)~lv".rl.t,..-.w.m...m BBQ-1'I"1"!-Ah?” .....MM..«.WA~.~‘0......“wsvxsymgy, Page 167 of 403 mhdmOHon m0. LLaHEN paw).m?mmd gwphmnom .mMSOmmazgp>u9 .mquHHSCHmnom MMmm50%andoHpSwammmoDqummommCQOHqmmsghmmm?”mpnmwmmpgmwpmommHoamNmmgpwmgpmacsHHH?Sow ‘..m:noammoowmam“Hmmgpoiow mmmmap.50>opmoHrpmmpmsphdwmomyEmum:MH mayHo«mgmg»now.ramme>XPHhmadonummmmw“owmhoaoo. gowHQ>pwumaymoumapc“ma?a ImamHmmm.m?HvmmcngmmHHMpmcHopcowumN. pLMHm0pmHpowzzmopommwmmgprmMmCOHmm wmeLmnp%n50%avmmp?mnmmmEmOHuwmpwo mmHmc?mwnomo?.Ummo?o?mmv?wmmeHmn ovmaOHom ammyummmxopmgu amnoo \m0Hram.mmddmm 52.5553%ii;A5559mEEK Kmu<z<2§x<kaUmmK13;"pummel 0D<KOJOU—KM>ZMD Emoamxlmu;£3,552mmagma Emem?3;.6353,1« 25$},5,mmoos2033. 35qu Donxom.0.1 :Nw.m«of:uzoxm UZEJSW>._.Z:OUnz<>..._u muwcommmmF—EOO59—h;.._.O“9.00m zu>zua.3C238azt>:u Emam$15.62 23.55:x353 i356n‘ ,5June:zomnsx mmmzo?mizou Page 168 of 403 LI C E N S E (I [: 5 TH I S Ll WE 3E , Gr a n t e d as of th e ls t da y of Fe br u a r y , 19 5 7 ? by th e CI T Y AN D CO U N T Y OE DE N V E R , a mu n i c i p a l co r p o r a — ti o n of th e St a t e of Co l o r a d o , ac t i n g by an d th r o u g h it s BO A R D OF WA T E n CO M M l S S I O N E E S , he r e i n a f t e r so m e t i m e s ca l l e d (1 . - ”B o a r d , ” to nf . E. ‘. CO R A E , a re s i d e n t of Ar a p a h o e Co u n t y , Co l o r a d o , he r e i n a f t e r so m e t i m e s ca l l e d ”L i c e n s e e , ” WI T N E S S E “ E : l. in co n s i d e r a t i o n of th e pe r f o r m a n c e by th e Li c e n s e e of th e pr o m i s e s he r e i n co n t a i n e d , su b j e c t to th e li m i t a t i o n s he r e i n co n t a i n e d , th e Bo a r d au t h o r i z e s th e Li c e n s e e to in s t a l l in th e r ig h t — —o f — —w a y of th e Ci t y Di t c h fo r th e us e of th e Bo a r d , a 36 - i n c h (i n s i d e di a m e t e r ) co n c r e t e pi p e in th a t po r t i o n of th e ri g h t — o f - w a y of sa i d Di t c h in En g l e w o o d , Co l o r a d o , de s c r i — be d as fo l l o w s ; Co m m e n c i n g at a po i n t on th e ea s t pr o p e r t y li n e of So u t h Ch e r o k e e tr e e t th e n c e ea s t e r l y a di s t a n c e of 72 . 34 fe e t mo r e or le s s , as th e sa m e ex i s t s al o n g th e so u t h bo u n d a r y li n e of Lo t s 1, 2 an d th e we s t te n (1 0 fe e t of Lo t 3, Bl o c K a, Sh e r r i t t ‘ s Ad d i t i o n to . En g l e w o o d Se c o n d Fi l i n g . Q: *5 (D(I ) (DH<: (DU)C+D" (D fu l l ri g h t to ma k e wh a t e v e r us e of th e pr o n e r t y in V O i v e d as ma y he ne c e s s a r y or pr o p e r in th e op e r a t i o n of th e sy s st e m an d pl a n t un d e r th e co n t r o l of th e Bo a r d . 2. Th e Li c e n s e e ag r e e s th a t al l wo r k do n e by vi r t u e of th e au t h b r i t y he r e i n gr a n t e d sh a l l be do n e in ac c o r d a n c e wi t h O nO. ti c e s sa t i s f a c t o r y to th e Ch i e f En g i n e e r of th e Bo a r d 3 an d *5PS n su c h a ma n n e r as no t to in t e r f e r e wi t h th e Bo a r d ‘ s us e of p. d{3 ' <D93O“O4(i )Q; (Dm(DHi. . . ) O“ (DDJ '6 *5O’1 3 (D*3 (‘ 2 <493 (/ 2OJ5HhiH}_ J 53 3 (7 + . [, 4S{3 “ Page 169 of 403 Amd?aoaaowmwmmasoCOHp?umemommmg?m?mmvzpmvmhommpcammmw:?pomMHZDOO:?4we.Cmpp?psm>onmumn?wgwm%um?mwvmapmommmmpaommmcmmgwaspgmazhpmn?m?sahmommmmgmmmzHHz2H.mwm IQQOHHwomamgmgdouo?udomxmHmauowhawHomp?mmmomzmap~30 usu?smg?p?hxEHmdouQ?mmunmsdhwmd?m?spmoQO?pSomNmUCN GQ?pmo?prwhmp?mpuu?quooHawgmmmm?mo?qm3»>3@mwmmhm mammm?mmmmaw>wmmmanwemamwemogmwmmoomm?e.m .p?hmwcsunw?hhdwwemmdmapLopCm?zkwmQ?waspmomn?xm? mgpMo#30mdmsoamMomamHMmCOHVUmwemwm?monomCOHuom .mmmmamvnm??m?oHamEoym"Emmpwenommwemmmhoanamwgw mmmowmwoms»6cm.Hw>dmmmozpc?ouugm%p?owgp«vhmommsp mmmHEpmg¢>wmdamzw?damva?o»mmmummmmmcwo?qmma.m .mm?w???omwmw? pompopmopw90©Cmsshasm??noHm>oamhmama»hmmmGOHmmouo mammamwpowmanw?awnwonHamnmupmomasp?awHmuadwpmg wwaampmg?ma?amg»wepmmwcmu??su?zwmnphumucm?myomu? uwHHSn5cmmom?mnopomamno:Hamgmmamdmo?qmxa.m .sop?ohpwomgpMo>m3-wo-psw?amapmca?a mmmhwm62mmmmmmdwweuQM?umapw>mnmma?wHamumH?mgm@hmom wnp?nd.pnm?mmhmmmwnpanmmuw?hndch?a?h?mCw@mEmmo mpwonH?mnmgop?mapwomayRomzm3-wo-wgh?pmge.; .wpmom mapmonmmm?wdmum?nomswopmagpumwm?wmmHm?pmwm?SuHSmam pmumxaw??ma?aasphm>0uan“mmMmmmmmdmowqmge.m Page 170 of 403 newma>?eHmwmq ANmmmuEsauwmcmo?amomowpmsm?pzoov Page 171 of 403 :3825.8$323:we89.033233cm?w?sm852m.pncsomawn?mmson:aoaonocwHamnm:O?pozpuwnoom?mmmaAmwOun?KQOMohusuwqm?mwma?npmcQO?pczppwcoomopgaswuzweaoom_yu:30owMO?pm.vmne.w."ownmmwpqu o .pzm?pwpmQO?mm?anmac?mmmopumawmMPmo:O?pmumm?wqoonH.m.pnwsw>opma?amacm e [gonopoqww?mm:?su?smn?pozppmnoomowmoahsnmaypom.owwpw;ppomaom¥pawn u nonmpomamwhhwnmmaampn?“pawnnmwvm>?mmpzmspmampma?xopmmamomunmpm ? v aomn?homwvmponmnwmpwnpcoammwmvmpp09:“mamcom:gomoponw0ppnm?pcu m QO?meEhmmmaymuonzo0ppumpm«mpmhmnwwovcam.09mmwnmmhpwo.H“monHommmmmthmh?amzpsem?p?acm?nmpnoog?mpm nmpcmmgooES329%Hangsm5mono?mmmw?mnoo5.mmom?mmma.Ez«oumhwscwgomppmmc?prwmaynowwpow a m Imhmcwwnpawemmmmu?mmowcoapm?mg:?pcmgw>opga?@?mmmoEO?poooHma m a I?xonnmmmg;“auawwhmewcom:mm?xpomyoupawsmmmmn?HHM¢mawmummcw w m g m «unwanmmmomwomhwgmgphowpmwmm>wwmpcwxw>Hupms?xopmmmwewonmpmwc w pnmammmmv?mmovawwasGoa:ws?gomOAonmmomsop?mwcwgwmpwnzom<mmmm3Gum”soawmno?enm?ph?:m.mn?c?mpgwmsmawa g “ampodkpmnoomanhawsows;:?sp?z.uomnwzwwpodcgp:gomn©mnym?zawpwu m _o>Hwzpnu3ph?wmewMOMQQmhw??wp:pompcwEwmwwammazehp?om¢mmmm2.masmwwmnooswamsw.mxOOHm“mpeg."PHB0p“wonHowmmvm??pomw c .owmpoaoomomgmwm.oozmamu<moApcdoohcoozwamnmmomp?omsun?np?;wmpmo o a mp?mwpPmspmowHQE?m0mma”wheqsopnmmmpmmaywpmmpwczom¢mmwma"mmwmmzaH3«n:hu? o : hmpMmQ?mhmgvsoapmhomnooHmQMOHcsEowmpoaoos“aoow?uowmmowEHomapmu m n=wpmzzo=thMmc?mpoxvmHmsw?>?un?gmpoo.<appeahmgomumgmpoo.ha?oxamcwmapmncamanAmum?"pmzsm>ozmoAmeagomwaspwww?Ham‘smmo«mHmeMod95%.50.66mob/Hm Page 172 of 403 ,0.:rr 11 1:0,,Fin‘br‘r Wu”?of r‘nSH‘which, or thermftrr.02::cc:Emu-fare 'ye,or othctw irrig him: Ditch anu (Mme-rs um‘ce m holr‘:city Mr.New from any ‘LFF or costs which wif‘ht Er inc 'by U by as 2 rezm M of a ’'r or 'rt?l‘f‘r“- rno:l ‘mar:LI rvrtm ‘".‘COD ' 112501“, Attnft: City ,,. STATE OF GOLD A SS GOULTY OF 1am m) The above and forexoin:Acmewnt was acknowledsed Fcfcre me this ,19 by _as Mayor, and as City Clerk of Lhe City of L'mlCWOod,Colorado,n municipal corporation. W com‘nission sxpircs: (szahL) STATE OF COLOMBO ) comm OF AMP, ‘ The above and foregoing Agreemvnt was acknowledned before me this day of,,19 by- Dune1*(s ) My convniScion rxp‘res- (S 1:L) Page 173 of 403 _......OHH...“2&11..,.MNQ‘.M?,...q?“11.43;.,,.......Mu.1.,...,..v_:.,..:3de421%«n.:3....w.343,06.inkiiknu .,x.FuihmwtwTkauztuzutdéw_KQNQ+kq§$?$3$?4$¢?_,_\\.kal?xkI3....§\k\1$«a.{as;:..2,/m??HA?mwwmmww/:2..krm)?y..nMvJ.I:10“m.v.91m3&17v...a$133...".w5...._.a»:4..3.5..aT1;?ed.\,M..U?awxlm.qm.n:3.?w.1.....£¢:.2/I....\11.11.x}\1,5,.113.733511...;xi\T...n\«33mié .1:--SwYAWAQ‘F'I‘V.{\.....1..Kynn?lh11111V,Ix....§\:..1::1ll..11...:hi;1.4QCom../..w4.. /7 F5 " ta , ‘5 1 “ : 3- 7 — 1 ‘3 ,.Ham.8hcx..11+1._. :. ...:,.:$.aitiu.E.»..anm,iE.3.3.42 Page 174 of 403 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Page 177 of 403 IREt0K‘NQ5L4>t§QOU\SWQaka2:3..F:winkxt33.,c.~m\\ - U 3.2is.mandozmE3:235“.3233 _,_.7 t...”wsnruxx«2.53% , :E1w:,néu>nsx321,3WK\w22%.x..<at.om»;Wm0&0, . V..kto...300......«teamVEmBoZ J w?wSi?withTVu?vamamZ , .AWWBW‘vmym$.52«37%\uaiwlQluwmum3uvvio.I,0%?»W30?.k?Inu:I‘VRK.numb($13.35L.<“Emmi.£3‘02. '0 3 35 ? {u 33 H . ) 3- 4 : v6 "5 / ! 1m } ! %aw n / 9 H 4: mg ; I 5. 1 0 7 5‘ 3 ,a f 1 . AB m P p o a g rs )m z y *" " — ‘ ?M W / V7a;3m.r:w+AP..m5\\We8\\\ _ 31 W Kmun\Fu.? W 4.x:fell/3m . r:Sim“?H40.$5.0m.oavu:.7533w.ut?atrt.IQ3w.33zswankah0mm.Q35.3m). -E F i L ,_ Page 178 of 403 Ditch R.O.W. License Request 3650 S. Cherokee Continued Use for Parking -since 1973 (51 years) Pa g e 1 7 9 o f 4 0 3 1957 -West Portion Installed (Looking Northeast from Current Cherokee St.) Pa g e 1 8 0 o f 4 0 3 Pipe Installed in Two Segments •1957 (Light Blue) Corah Family then owned 3644 S. Cherokee •1973 (Yellow) after Corah Family acquired 3650 S. Cherokee Pa g e 1 8 1 o f 4 0 3 R.O.W. Location -Current Survey Pa g e 1 8 2 o f 4 0 3 Questions? Pa g e 1 8 3 o f 4 0 3 City Ditch License Agreement and Consent to Assignment Presented By Utilities Deputy Director –Business Solutions and Engineering, Sarah Stone Pa g e 1 8 4 o f 4 0 3 Background •City Ditch near 3650 S Cherokee St •Title discrepancy – ownership of parcel •City Attorney determined City has an easement/Right-of-Way Pa g e 1 8 5 o f 4 0 3 City Ditch License Agreement •City rights for City Ditch •Property owner rights for parking lot •City Ditch Right-of-Way protection •City consent for assignment Pa g e 1 8 6 o f 4 0 3 Consent to Assignment of License Agreement •Ability to sell the property •Retain rights of the proposed City Ditch License Agreement Water and Sewer Board recommended City Council approval during its July 9, 2024 meeting.Pa g e 1 8 7 o f 4 0 3 Questions? Pa g e 1 8 8 o f 4 0 3 Thank you Pa g e 1 8 9 o f 4 0 3 -1- BY AUTHORITY ORDINANCE NO. COUNCIL BILL NO. 28 SERIES OF 2024 INTRODUCED BY COUNCIL MEMBER WRIGHT AN ORDINANCE AUTHORIZING A CITY DITCH LICENSE AGREEMENT BETWEEN CORAH ENTERPRISES, L.L.C AND THE CITY OF ENGLEWOOD, COLORADO, AND AUTHORIZING A CONSENT TO THE ASSIGNMENT OF THE LICENSE AGREEMENT. WHEREAS, Corah Enterprises, L.L.C owns property located at property at 3650 S. Cherokee Street, Englewood, Colorado, which is adjacent to the City of Englewood’s City Ditch Right of Way and Easement for City Ditch, a carrier ditch; and WHEREAS, the predecessors in interest to Corah Enterprises, L.L.C, Harold J. Corah and Charlotte A. Corah, have been parties to several agreements pertaining to the ground upon which the City Right of Way applies, including but not limited to: (i) a License Agreement dated February 1, 1957; (ii) a License Agreement dated November 26, 1973 and (iii) an Encroachment Agreement dated November 26, 1973, which have granted, among other things, the right to bury the City Ditch and to encroach upon the City Right of Way and easement for the purposes of installing, accessing, and using an asphalt or concrete parking lot; and WHEREAS, Corah Enterprises, L.L.C is in the process of selling its property and has requested a License Agreement with the City to permit the continued use of the parking lot area and to allow for a consent to an assignment of such License Agreement to the prospective purchases of its property; and WHEREAS, following a thorough review by the staff of the City’s Utilities Department, it has been determined that the proposed agreements will not result in any adverse operational impacts on City Ditch; and WHEREAS, the Englewood Water and Sewer Board reviewed and recommended City Council approval of the City Ditch License Agreement and Consent to Assignment at their July 9, 2024 meeting. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The Grant of this “City Ditch License Agreement” to Corah Enterprises, L.L.C, by the City of Englewood, Colorado, in the form substantially the same as that attached hereto as Exhibit A, is hereby accepted and approved by the Englewood City Council. Section 2. The “Consent of the City of Englewood Attached to Assignment and Assumption of City Ditch License Agreement” to 3650 S Cherokee, LLC, by the City of Page 190 of 403 -2- Englewood, Colorado, in the form substantially the same as that attached hereto as Exhibit B, is hereby accepted and approved by the Englewood City Council. Section 3. The following general provisions and findings apply 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 remaining in force to sustain any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as to sustain 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 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 a referendum under the City of Englewood Charter 47. E. Publication. Publication of this Ordinance may be in the City’s official newspaper, the City’s official website, or both. Publication shall be effective upon the first publication by either authorized method. F. Actions Authorized to Effectuate this Ordinance. The Mayor is hereby authorized and directed to execute all documents necessary to effectuate the approval authorized by this Ordinance, and the City Clerk is hereby authorized and directed to attest to such execution by the Mayor where necessary. In the absence of the Mayor, the Mayor Pro Tem is hereby authorized to execute the above-referenced documents. The execution of any documents by said officials shall be conclusive evidence of the approval by the City of such documents per the terms thereof and this Ordinance. City staff is further authorized to take additional actions as necessary to implement this Ordinance's provisions. Page 191 of 403 -3- G. Enforcement. To the extent this ordinance establishes a required or prohibited action punishable by law, unless otherwise specifically provided in Englewood Municipal Code or applicable law, violations shall be subject to the General Penalty provisions contained within EMC § 1-4-1. Introduced and passed on first reading on the 15th day of July, 2024; and on second reading, in identical form to the first reading, on the ___ day of ____________, 2024. Othoniel Sierra, Mayor ATTEST: _________________________________ Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of an Ordinance, introduced and passed in identical form on first and second reading on the dates indicated above; and published two days after each passage on the City’s official website for at least thirty (30) days thereafter. The Ordinance shall become effective thirty (30) days after first publication on the City’s official website. Stephanie Carlile Page 192 of 403 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Melissa Englund, Tim Dodd DEPARTMENT: City Manager's Office DATE: August 5, 2024 SUBJECT: CB-29 Intergovernmental Agreement (IGA) with the City of Littleton for a Shared Green Business Program DESCRIPTION: Ordinance for an IGA with the City of Littleton for a shared green business program RECOMMENDATION: Staff recommends that Council consider approval of an intergovernmental agreement (IGA) with the City of Littleton, CO for a shared green business program. PREVIOUS COUNCIL ACTION: CB-06 Second Reading of an Ordinance amending an Intergovernmental Agreement (IGA) between the Cities of Englewood and Sheridan for Sustainability Services (May 20, 2024) CB 05- Approval of an ordinance authorizing an Intergovernmental Agreement with the City of Sheridan for sustainability services (February 6, 2023) Approval of the 2023 Annual Budget, including a full-time Sustainability Coordinator (contingent on receiving 1/5 of the funding for the position from the City of Sheridan) (October 17, 2022 SUMMARY: In 2024, as part of the larger sustainability program, the City began implementing a green business program to provide technical assistance programs to local businesses in complying with State of Colorado requirements and meeting sustainability goals of businesses. This program connects to the State of Colorado's Green Business Network ICGBN), a voluntary network run by the Colorado Department of Public Health and Environment (CDPHE). In the spring of 2024, using funding from plastic bag fees, the City hired a part-time Green Business Coordinator ("Coordinator") to implement a green program in the City. Later that spring, Council approved an intergovernmental agreement (IGA) to share the Coordinator with the City of Sheridan, as part of an existing IGA for shared sustainability services. The City of Littleton expressed interest in sharing the Coordinator position with the City of Englewood. ANALYSIS: Green Business Program The program is designed to support, encourage, and recognize organizations that focus on operational sustainability. It supports municipalities and other organizations in increasing the efficiency and sustainability of businesses through assessing opportunities for growth, Page 193 of 403 recognizing successes, and providing connections to other businesses across the state. The CGBN focuses on a two pronged approach: Technical assistance; and Recognition of organizations for best practices that lead to resource reduction. In the spring of 2024, utilizing funds from plastic bag program fees, the City launched a recruitment and hired a part-time Green Business Coordinator. Per a component of the Sustainability Services IGA with the City of Sheridan, a portion of their time is currently dedicated to assisting the City of Sheridan in developing a green business program. Responsibilities of the Coordinator include but are not limited to: Maintenance of green building program standards; Liaising with the State of Colorado's Green Business Network and ensuring best practices and state programs and initiatives are shared with local stakeholders; Service as a subject matter expert for local businesses seeking advice and guidance on the establishment and development of sustainability related programs; Partnering with local businesses on Green Business Network certification; Liaising with local organizations that support business and economic development efforts including the City of Englewood Community Development Department; Greater Englewood Chamber of Commerce; and Englewood Downtown Development Authority; Creation of annual reports on the impacts of the green business program; and Promotion of the green business program. Responsibilities of the City of Littleton Payment- Littleton agrees to pay Englewood a fixed sum of not to exceed $119,000 under the terms of the agreement. Littleton will pay $17,128 for four months of service in 2024, and $51,386 in 2025 and again in 2026. If approved by Littleton, Englewood may request up to 5% in 2026 and in 2026 to pay a portion of possible salary and benefits adjustments approved for Englewood employees. Location and Time- Littleton will determine the location of the work of the Englewood Green Business Coordinator, and times that would work best for Littleton, so long as the requested hours do not negatively impact the ability of the Green Business Coordinator to perform adequate services for Englewood. Direction- Littleton shall identify a Littleton employee to provide direction and oversight to the Green Business Coordinator, while performing duties for Littleton. The Englewood Sustainability Program Coordinator shall serve as the supervisor for the Green Business Coordinator, but Littleton shall provide direction specific to projects and initiatives performed for Littleton as identified in Article II, Section 2 of this agreement; and Littleton, represented by their Deputy City Manager, will communicate with Englewood, represented by the Sustainability Program Manager, on a monthly basis to discuss any questions or concerns about the services being provided under this Agreement, as well as being available on an as-needed basis for any issues that may arise. Responsibilities of the City of Englewood Green Business Coordinator- Englewood agrees to employ, per City policies and Human Resources structures and benefits, a Green Business Coordinator. Under the agreement, Englewood agrees that 50% of their time, or approximately 20 hours per week, will be dedicated to developing and implementing a green business program for Littleton. Page 194 of 403 Program Management- The Englewood Green Business Coordinator will provide support and leadership to Littleton in establishing and maintaining a green business program for Littleton, based on the State of Colorado's Green Business program, best practices in the industry, and established goals of Littleton. Coordinator will at all times perform duties for Littleton designed to implement and manage a green business program which may include but are not specifically limited to (1) coordinating the implementation, management, tracking, and coordination of green-business related goals established by Littleton; (2) seeking out technical assistance and grants; (3) keeping up to date on green business best practices and program offerings; (4) presenting, as requested by Littleton, to groups and boards such as the Littleton City Council, boards and commissions, and nonprofit and business-related organizations; (5); developing and tracking data towards performance metrics designed to measure the efficiency and effectiveness of the program; (6)establishing and supporting existing mechanisms, through the State of Colorado Green Business Network, to recognize and award organizations for exemplary practices; (7) serving as the point person for businesses located in Littleton who seek to support organizations in Littleton by increasing the sustainability of their operations through assessing opportunities for growth, recognizing success, and providing connections to like minded businesses; (8) assisting businesses with receiving technical assistance provided to businesses by the State of Colorado Green Business Network; and (9) partnering with Littleton's Economic Development Department, and other departments, to ensure green business program efforts align with other Littleton efforts to engage with local businesses located in Littleton. Communication- Englewood, represented by the Englewood Sustainability Program Manager, will meet with Littleton, presented by the Littleton Deputy City Manager, to discuss any questions or challenges about the services being provided under the terms of this agreement, as well as being available on an as needed bases for any issues that may arise. COUNCIL ACTION REQUESTED: Staff requests that Council consider approval of an ordinance establishing an IGA with the City of Littleton for purposes of a shared green business program. FINANCIAL IMPLICATIONS: Under the terms of the agreement, the City of Littleton will provide the City of Englewood with $17,128 in 2024 and $51,386 in 2025 and 2026, subject to annual appropriation. Beginning in 2025, the amount paid to the City of Englewood may increase due to employment and benefits costs. Any increase in payment shall not exceed 5% and shall require the written approval of both cities. CONNECTION TO STRATEGIC PLAN: Outcome: Sustainability Goal: Sustainable Businesses and Green Workforce- A community that promotes sustainable business practices and the advancement of the green workforce Key Projects: Implement green business program including outreach, education, energy assessments, waste assessments and policy navigation to encourage sustainable practices in the business community Provide assistance, through grants and technical assistance, to local businesses in meeting state mandates such as the ban on single-use plastic bags and polystyrene Page 195 of 403 containers to mitigate potential negative impacts of state mandates on Englewood's business community. Performance Metric: Number of businesses enrolled in the green business program OUTREACH/COMMUNICATIONS: A key component of the green business program, for all engaged municipalities, is to provide information to and engage with the local business community. Partnering with communications and economic development divisions/departments in each city, the Green Business Coordinator will actively meet with local businesses to provide them with information on green business ideas and programs well as technical assistance for state and other grant funding opportunities. The Coordinator will also be responsible, in conjunction with each city, for developing and tracking data towards metrics to assess the effectiveness and efficiency of green business programs providing support to local businesses. ATTACHMENTS: Presentation- Shared Green Business Program IGA- Littleton-Englewood Green Business Coordinator Page 196 of 403 Shared Green Business Program Pa g e 1 9 7 o f 4 0 3 Englewood Green Business Program Goals: •Support businesses in meeting State requirements (i.e. plastic bag ban) •Support businesses who want to focus on sustainable practices Pa g e 1 9 8 o f 4 0 3 Englewood Green Business Program •Hiring of a part-time Green Business Coordinator (Spring, 2024) •Sharing of the Green Business Coordinator with the City of Sheridan, as part of an amended Intergovernmental Agreement (IGA) for shared sustainability services (Spring, 2024) Pa g e 1 9 9 o f 4 0 3 Colorado Green Business Network Voluntary program that encourages, supports, and rewards organizations that move towards true, operational sustainability Goal: Support organizations at any level of implementation in increasing the efficiency and sustainability of their operation through assessing opportunities for growth, recognizing success, and providing connections Two pronged approach: 1.Technical assistance 2.Recognizing organizations for practices that lead to resource reduction Pa g e 2 0 0 o f 4 0 3 Green Business Coordinator •Maintenance of program standards •Liaising with the State of Colorado •Service as a subject matter expert for local businesses •Partnering with local businesses on Green Business Network certification •Liaising with organizations that support businesses and economic development, such as downtown development authorities and chambers of commerce •Creation of annual reports on the impact of the program •Promotion of the program Pa g e 2 0 1 o f 4 0 3 Strategic Plan Connection •Outcome area: Sustainability •Goal: Sustainable Business and Green Workforce •Project one: Implement green business program including outreach, energy assessments, waste assessments, and policy navigation •Project two: Provide assistance to local businesses in meeting state mandates, such as the ban on single-use plastic bags Pa g e 2 0 2 o f 4 0 3 Agreement Terms City of Littleton City of Englewood •Funding- $17,128 in 2024 and $51,386 each in 2025 and 2026, contingent on annual appropriations •Workspace and times for the coordinator •Direction on projects and initiatives •Communication with Englewood on questions and challenges •Employment and oversight of the Green Business Coordinator •Management of the green business program •Communication with Littleton on questions and challenges Pa g e 2 0 3 o f 4 0 3 Questions? Pa g e 2 0 4 o f 4 0 3 INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITIES OF ENGLEWOOD, COLORADO AND LITTLETON, COLORADO FOR THE PROVISION OF A SHARED GREEN BUSINESS PROGRAM This Intergovernmental Agreement (“Agreement”) is made and entered into this ____ day of _______________, 2024, (the “Effective Date”) by and between the City of Littleton, a Colorado home rule municipality of the State of Colorado (“Littleton”), and the City of Englewood, a home rule municipality of the State of Colorado (“Englewood”) and collectively referred to as the (“the Cities”). RECITALS WHEREAS, Article XIV, Section 18(2)(a) of the Constitution of the State of Colorado, and Part 2, Article 1, Title 29, C.R.S., encourages and authorizes intergovernmental agreements; and WHEREAS, Sections 28-1-203 and 29-1-203.5, C.R.S., authorize governments to cooperate and contract with one another to provide any function, service, or facility lawfully authorized to each; and WHEREAS, the Cities have a partnership in shared programs through intergovernmental agreements, such as the shared Tri-Cities Homelessness Policy Committee; and WHEREAS, the City of Englewood, developed a sustainability program, which included: the development of a Sustainability Plan; hiring a Sustainability Coordinator; and launched several sustainability-related programs including a Green Business Program; and WHEREAS, the City of Englewood has a history of intergovernmental cooperation regarding the sustainability program, entering into an agreement with the City of Sheridan in 2023; and WHEREAS, the City of Littleton established the Environmental Stewardship Committee as an advisory committee to provide input to the Littleton City Council and staff on natural environment stewardship priorities for the community; and WHEREAS, the City of Littleton has expressed an interest in partnering with the City of Englewood on sustainability-related initiatives. AGREEMENT NOW THEREFORE, in consideration of the mutual covenants and agreements herein, and for other good and valuable consideration, the sufficiency and receipt of which is hereby acknowledged, the Parties hereby agree as follows: The recitals set forth above are incorporated into this Agreement and shall be deemed to be terms and provisions of this Agreement, to the same extent as if fully set forth in this section. Page 205 of 403 Article I: Duties of the City of Littleton 1. Payment - a. Littleton agrees to pay Englewood a fixed sum for each year of this Agreement, based on the following Schedule of Payments: SCHEDULE OF PAYMENTS Year First Payment Second Payment 2024 $17,128 by September 30, 2024 2025 $25,693 by January 31, 2025 $25,693 by July 31, 2025 2026 $25,693 by January 31, 2026 $25,693 by July 31, 2026 b. Beginning in 2025 the amount paid to Englewood may be increased. Any increase in payment shall not exceed 5%, and shall require the written approval of both Cities. 2. Set Off - In addition to any other rights Littleton has under this Agreement to indemnification or recoupment, Englewood agrees that Littleton is entitled to set off any amounts it may owe Englewood under this Agreement against such claims for indemnity or recoupment. 3. Location and Times - Littleton will determine the location and times of the work of the Englewood Green Business Coordinator, The Cities agree that the location and times of Littleton shall not negatively impact the ability of the Green Business Coordinator to perform adequate services for Englewood. 4. Direction - Littleton shall identify an employee to provide direction and oversight to the Green Business Coordinator, while performing duties for Littleton. The Englewood Sustainability Program Coordinator shall serve as the supervisor for the Green Business Coordinator, but Littleton shall provide direction specific to projects and initiatives performed for Littleton as identified in Article II, Section 2 of this Agreement. 5. Communication - Littleton, represented by the Deputy City Manager, will communicate with Englewood, represented by the Sustainability Program Manager, on a monthly basis to discuss any questions or concerns about the services being provided under this Agreement, as well as being available on an as needed basis for any issues that may arise under this Agreement. Page 206 of 403 Article II: Duties of the City of Englewood 1. Green Business Coordinator - a. Englewood agrees to employ, per Englewood policies and procedures a Green Business Coordinator. b. The Green Business Coordinator shall be provided with employment benefits through Englewood. c. Under this Agreement, Englewood agrees that 50% of the Coordinator’s time, or approximately 20 hours per week, will be dedicated to developing and implementing a green business program exclusively for Littleton. The Green Business Coordinator will at all times remain an employee of Englewood, under direct supervision of the Englewood Sustainability Coordinator. 2. Green Business Program Management- The Green Business Coordinator will provide support and leadership to Littleton in establishing and maintaining a green business program for Littleton, based on the State of Colorado’s Green Business Program, best practices in the industry, and established goals of Littleton. The Green Business Coordinator will at all times perform duties for Littleton designed to implement and manage a green business program which may include but are not specifically limited to: • Coordinating the implementation, management, tracking, and coordination of green business-related goals established by Littleton; • Seeking technical assistance and grants from outside entities, such as the State of Colorado, to further enhance the ability of Littleton to develop and implement a green business program; • Keeping up-to-date on green business best practices, program offerings from the State of Colorado, and other governmental and non-governmental entities; • Presenting, as requested by Littleton, to groups, boards, commissions, committees, chambers of commerce, downtown development authorities, Littleton City Council, groups of business leaders, and representatives on topics related to the green business program; • As requested by Littleton, develop and track data towards performance metrics designed to measure the efficiency and effectiveness of the green business program, as well as long-term green business outcomes; • Through the State of Colorado Green Business Network, establish and support existing mechanisms to recognize and award organizations for exemplary practices that lead to resource reduction; • Serve as the point person for businesses located in Littleton who seek to support organizations in Littleton to increase the sustainability of their operation through assessing opportunities for growth, recognizing success, and providing connections to like-minded businesses; • Assisting businesses located in Littleton with receiving technical assistance provided by the State of Colorado Green Business Network; and Page 207 of 403 • Partnering with the Littleton Economic Development Department, and other Littleton departments, to ensure green business program efforts align with other efforts to engage with local businesses located in Littleton. Article III: Terms of Agreement 1. Timeline - Englewood shall begin providing green business program services to Littleton upon direction to proceed from the Englewood Sustainability Program Manager and the Littleton Deputy City Manager. 2. Term - a. The initial term of this Agreement is from the Effective Date until December 31, 2024. Unless otherwise terminated as provided herein the Agreement shall automatically renew for two (2) successive additional one (1) year terms ending December 31, 2026. b. This Agreement may be extended upon mutual agreement of the Parties in writing. 3. No Multi-Year Fiscal Obligation- All financial obligations of the Cities under this Agreement are subject to the annual appropriations of funds by their own governing body. 4. Termination- This Agreement may be terminated by either Party at any time, with or without cause upon a Party providing no less than thirty (30) days of written notice to the other Party. Should Littleton terminate the Agreement, it shall compensate Englewood for all services provided until the day of termination. The City Councils of the Cities shall have the authority to immediately terminate this Agreement upon finding that the public interest requires such termination. Article IV: Notice Any notice, demand, or request required by or relating to this Agreement shall be given by personal delivery, by facsimile, or sent by registered or certified mail, postage prepaid, to each Party at the addresses set forth herein. CITY OF ENGLEWOOD: CITY OF LITTLETON: City of Englewood City of Littleton 1000 Englewood Parkway 2255 West Berry Avenue Englewood, CO 80110 Littleton, CO Attn: Tim Dodd Attn: Mike Gent Phone: (303)-762-2317 Phone: (303)-795-3720 Email: tdodd@englewoodco.gov Email: mgent@littletongov.org Page 208 of 403 Article V: Miscellaneous Provisions 1. Governmental Immunity - This Agreement is not intended and shall not be construed as a waiver of the limitations on damages or any of the privileges, immunities, or defenses provided to, or enjoyed by the Cities, their employees and volunteers, under federal or state constitutional, statutory or common law, including but not limited to the Colorado Governmental Immunity Act, Section 24-10-10 I, C.R.S., et seq., as may be amended. 2. No Third-Party Beneficiaries - Nothing in this Agreement shall be deemed to create any third-party beneficiary or beneficiaries or create a right or cause of action for the enforcement of its terms, in any entity or person not a Party to this Agreement. 3. Amendments - No change, amendment, or waiver of any of the terms or provisions of this Agreement shall be valid or binding unless the same has been approved in writing by both Cities. 4. No Assignment. This Agreement may not be assigned by either Party. 5. Severability. In the event that any of the terms, covenants or conditions of this Agreement, or their application, shall be held invalid as to any person, corporation, or circumstances by any court having competent jurisdiction, the remainder of this Agreement, and the application in effect of its terms, covenants, or conditions to such persons, corporations, or circumstances shall not be affected thereby. 6. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. Venue will be proper in Arapahoe County, Colorado. 7. Complete Agreement. This Agreement embodies the entire agreement of the Cities. There are no promises, terms, conditions, or obligations other than those contained herein; and this writing supersedes all previous communications, representations, or agreements, either verbal or written between the parties. 8. Execution by Counterparts. This Agreement may be executed in multiple counterparts, each of which will be deemed an original, but all of which will constitute one agreement. IN WITNESS THEREOF, the Cities have executed this Intergovernmental Agreement for the purposes of a shared green business program as of the day and year written above. CITY OF ENGLEWOOD CITY OF LITTLETON Page 209 of 403 By: ______________________________ By: ______________________________ Mayor Othoniel Sierra Mayor Kyle Schlachter ATTEST: ATTEST: By: ______________________________ By: ______________________________ City Clerk Stephanie Carlile City Clerk Colleen Norton APPROVED AS TO FORM: __________________________________ Reid Betzing, City Attorney Page 210 of 403 1 ORDINANCE COUNCIL BILL NO. 29 NO. _____________ INTRODUCED BY COUNCIL SERIES OF 2024 MEMBER PRANGE AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITIES OF ENGLEWOOD, COLORADO AND LITTLETON, COLORADO FOR THE PROVISION OF A SHARED GREEN BUSINESS PROGRAM WHEREAS, in 2020 the City of Englewood began the process of developing a comprehensive sustainability program which included the development of a sustainability plan; and WHEREAS, in 2021 the City of Englewood created the Englewood Sustainability Commission to provide community member input on sustainability programs and initiatives; and WHEREAS, in 2022 the City of Englewood hired a Sustainability Coordinator to oversee the implementation of sustainability programs and initiatives; and WHEREAS, the Sustainability Coordinator launched several sustainability programs including the Green Business Program; and WHEREAS, the City of Littleton established an Environmental Stewardship Committee to provide input on natural environment stewardship priorities for the community; and WHEREAS, the City of Littleton expressed interest to the City of Englewood in partnering on sustainability related programs; and WHEREAS, the City of Englewood’s Green Business Program could be scaled to fit the needs of the City of Littleton; and WHEREAS, sharing a Green Business Program would achieve economies of scale for both cities; and WHEREAS, Article XIV, Section 18(2)(a) of the Constitution of the State of Colorado, and Part 2, Article 1, Title 29, C.R.S. encourages and authorizes intergovernmental agreements; and WHEREAS, Sections 29-1-203 and 29-1-203.5, C.R.S. authorize governments to cooperate and contract with one another to provide any function, service, or facility lawfully authorized to each. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Page 211 of 403 2 Section 1. The City Council of the City of Englewood, Colorado hereby authorizes execution by the City of an Intergovernmental Agreement with the City of Littleton for the Provision of a Shared Green Business Program, in the form substantially the same as that attached hereto. 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 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 Page 212 of 403 3 this Ordinance, and the City Clerk is hereby authorized and directed to attest to such execution by the Mayor where necessary. In the absence of the Mayor, the Mayor Pro Tem is hereby authorized to execute the above-referenced documents. The execution of any documents by said officials shall be conclusive evidence of the approval by the City of such documents in accordance with the terms thereof and this Ordinance. City staff is further authorized to take additional actions as may be necessary to implement the provisions of this Ordinance. G. Enforcement. To the extent this ordinance establishes a required or prohibited action punishable by law, unless otherwise specifically provided in Englewood Municipal Code or applicable law, violations shall be subject to the General Penalty provisions contained within EMC § 1-4-1. Introduced and passed on first reading on the 22nd day of July, 2024; and on second reading, in identical form to the first reading, on the ___ day of ____________, 2024. Othoniel Sierra, Mayor ATTEST: _________________________________ Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of an Ordinance, introduced and passed in identical form on first and second reading on the dates indicated above; and published two days after each passage on the City’s official website for at least thirty (30) days thereafter. The Ordinance shall become effective thirty (30) days after first publication on the City’s official website. Stephanie Carlile Page 213 of 403 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Sara Harkness DEPARTMENT: City Clerk's Office DATE: August 5, 2024 SUBJECT: Removal of a Code Enforcement Advisory Committee Regular Member DESCRIPTION: Removal of a Code Enforcement Advisory Committee Regular Member for lack of attendance RECOMMENDATION: The Code Enforcement Advisory Committee respectfully requests the City Council remove, by Motion, Member Vinson from the committee due to lack of attendance at our scheduled CEAC meetings. SUMMARY: ATTENDANCE POLICY Attendance is reviewed based upon a twelve (12) month term (annual term) of service. The first year of the term of service begins on the first day of the first month of which the appointment occurred (first day of annual term) and concludes on the last day of the twelfth month following the first day of the annual term. All board, commission, and committee members shall be deemed to have regular attendance if they attend at least seventy-five percent (75%) of all meetings within each twelve (12) month term of service. No differentiation is made between excused or unexcused absences of members. Members who miss more than 60% of the meetings during any annual term may be removed upon recommendation of the Chair of the board, commission or committee, and action of the City Council. Members seeking reappointment, or appointment to another board, commission, or committee must have regular attendance verified. Verification shall be attested to by the Chair of such board, commission, or committee. REMOVAL OF MEMBERS Except as otherwise limited by applicable law or ordinance, the City Council may, by majority vote during a regular meeting, remove any of the appointed members of a City board, commission, or committee in accordance with Charter §53. CONCLUSION: The regular position with be filled by the alternate member. COUNCIL ACTION REQUESTED: Page 214 of 403 The Code Enforcement Advisory Committee respectfully requests the City Council remove, by Motion, Member Vinson from the committee due to lack of attendance at our scheduled CEAC meetings. FINANCIAL IMPLICATIONS: NA Page 215 of 403 To: City Council Subj: Removal of Michael Vinson from CEAC While I wish I we had an alternative, as Michael is well liked and brings a fresh set of eyes and ideas to CEAC, we are requesting his removal from CEAC. Upon a motion from a board member on 7/17/2024 CEAC voted to remove Michael Vinson due to attendance. In the last 7 months he has missed 6 meetings while not always making notifications. CEAC is requesting City Council to remove Michael Vinson as a CEAC member so we are able to appoint someone who is able to attend on a more regular basis. CEAC also voted to appoint Linda Hart from an Alternate to a full member upon your approval. Thank you, Robert Watson Chair CEAC Page 216 of 403 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Shawn Weiske DEPARTMENT: Human Resources DATE: August 5, 2024 SUBJECT: Staff recommends City Council approve by motion the ratified collective bargaining agreement between the City and the Englewood Employees Association (EEA). DESCRIPTION: Approval of the EEA collective bargaining agreement RECOMMENDATION: Approval of the ratified tentative agreements for successor Collective Bargaining Agreements between the City and the Englewood Employees Association (EEA). SUMMARY: Under the terms within the Englewood Home Rule Charter Article XV, Englewood Employee Relations and Career Service Systems Act, the City is required to collectively bargain with its certified employee organizations. The City currently has recognized two organizations: The EEA and the Englewood Police Benefit Association (EPBA). The current Collective Bargaining Agreements (CBA) for both organizations expire on December 31, 2024. Negotiations with EEA commenced in April 2024, with a tentative agreement being reached on May 2, 2024. The City was represented by Human Resources Director Shawn Weiske, Finance Director Kevin Engels, Deputy City Attorney Victoria McDermott, Senior Human Resources Business Partner Alexa Hahn-Dunn, Management Fellow Elizabeth Ramsey, Utilities Deputy Director Josh Roach, Streets and Maintenance Manager Phil Neal, and Human Resources Operations Manager Katie Fowler (collectively, the Bargaining Team). City Manager Shawn Lewis, Deputy City Manager Tim Dodd, and City Attorney Tamara Niles were kept apprised of the City’s bargaining positions and the Bargaining Team's recommendations as negotiations moved toward an agreement. City staff and the EEA formally met on three (3) occasions over approximately three (3) weeks. Additional negotiations were conducted via email and phone to finalize a tentative agreement. All parties negotiated in good faith and believe the terms for the proposed CBAs address the unique economic and societal challenges we are currently facing while ensuring long-term financial sustainability. The goal of the Collective Bargaining process for the City was to further pursue the City’s goal of becoming an “employer of choice” by ensuring market Page 217 of 403 competitiveness, while simultaneously seeking operational efficiencies, clarifying contract language, and maintaining fiscal sustainability. The City Bargaining Team believes they accomplished this goal. Both the EEA and City staff deem the negotiations a success and are collectively recommending adoption of the proposed successor CBA. ANALYSIS: With respect to the specific CBA Articles that were changed as subjects of negotiation: Article 1: Introduction Updated definitions section Included verbiage clarifying CBA supersedes City policy when a conflict occurs Article 2: Duration of Contract Change "Conclusion Date": December 31, 2026 Change dates in “Contract” to January 1, 2025 and December 31, 2026 (2 year agreement) Change "Effective Date" to January 1, 2025 Inclusion of "Evergreen Clause" to ensure continuation of CBA, except compensation, in event negotiations are stalled Article 3: Recognition Clarification to be compliant with City Charter regarding recognition of probationary employees' inclusion in bargaining unit Article 7: Overtime Clarification that use of leave accruals will not contribute to overtime Article 8: Acting Pay Acting pay will now be calculated consistent with the class and comp system, paying employees based on their respective career achievements and qualifications for the acting role rather than a flat standard rate Article 9: Compensation In 2025, all EEA employees shall receive a 2.0% salary increase In 2026, all EEA employees shall receive a 1.5% salary increase In 2026, re-opener to establish a Pay-for-Performance program in which employees may receive up to 2.5% in additional performance pay. Re-opener for CPI changes in excess of 1% beyond what the City provided in a COLA to discuss any additional compensation with no obligation on either side. Employees at the top of the pay range will receive a lump sum payment in lieu of a compounding salary increase. Article 10: Differential Pay Clarification of current language, but no substantive changes Article 11: Paid Time Off (PTO) Employees will accrue PTO based on their relevant years of experience rather than a standard accrual schedule Page 218 of 403 Increased PTO accruals by 20 hours per year New employees with the City will be provided the first 40 hours of PTO accruals up front, then will begin accruing once the new employee would have otherwise reach 40 hours in accruals. Article 12: Sick Leave/Salary Continuation Clarification to ensure compliance with Colorado law for reinstated employees who left City employment but are reinstated within 6 months of separation Fitness for duty may be required before returning to work Article 13: Workers Compensation Clarification that no overtime will be paid for attendance at doctor appointments After 180 days of modified duty or absence, City may separate employment Article 16: Jury Duty Employees called for jury duty will be paid for entire day rather than needing to return to work for balance of shift Article 19: Tuition Reimbursement For non-department sponsored training, employees may use 40 hours of PTO to attend a class or program and receive the 40 hours back upon satisfactory completion of the class or program The training or classes must benefit the City of Englewood Article 30: Standby Pay Requirements to respond to a call within 20 minutes of being contacted to return to work, and must be able to report to work within 2 hours of being contacted Article 34: Seniority and Shift Schedules Establish a new, consistent, methodology for shift bidding for workgroups that utilize shift bidding; does not apply if the workgroup does not use a shift bidding process. If the City Council were not to agree to this ratified Collective Bargaining Agreement between the City and the EEA, the City and EEA would be forced into binding arbitration. COUNCIL ACTION REQUESTED: Staff recommends City Council approve by motion the agreement between the City and the Englewood Employees Association. FINANCIAL IMPLICATIONS: The new CBA provides: a 2% general salary increase in 2025, and a 1.5% general salary increase in 2026 re-opener to develop a Pay-for Performance program in 2026, with employees eligible of up to 2.5% in performance pay increased PTO accrual rates by 20 hours in each accrual tier capped pay increases at the top of the pay range, eliminating compounding effect for employees at the top of the range Page 219 of 403 eliminated flat rate for Acting Pay, instead paying employees based on individual qualifications ATTACHMENTS: Proposed 2025-2026 EEA Collective Bargaining Agreement Page 220 of 403 COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO and THE ENGLEWOOD EMPLOYEES ASSOCIATION January 1, 2025 – December 31, 2026 Page 221 of 403 i TABLE OF CONTENTS PAGE ARTICLE I INTRODUCTION & DEFINITIONS 1 ARTICLE 2 DURATION OF CONTRACT 3 ARTICLE 3 RECOGNITION 4 ARTICLE 4 EMPLOYEE RIGHTS 4 ARTICLE 5 HOURS OF WORK 5 ARTICLE 6 FLEX WORK 6 ARTICLE 7 OVERTIME WORK, OVERTIME PAY & COMPENSATORY TIME OFF 6 ARTICLE 8 ACTING PAY 7 ARTICLE 9 COMPENSATION 7 ARTICLE 10 DIFFERENTIAL PAY 9 ARTICLE 11 PAID TIME OFF 9 ARTICLE 12 SICK LEAVE AND SALARY CONTINUATION 11 ARTICLE 13 WORKERS COMPENSATION 14 ARTICLE 14 MILITARY LEAVE 15 ARTICLE 15 FUNERAL LEAVE 16 ARTICLE 16 JURY DUTY AND WITNESS SERVICE 16 ARTICLE 17 HOLIDAYS, HOLIDAY PAY & ENHANCED HOLIDAY PAY 16 ARTICLE 18 UNIFORM ALLOWANCE 18 ARTICLE 19 TUITION REIMBURSEMENT/DEGREE ACHIEVEMENT RECOGNITION 18 Page 222 of 403 ii ARTICLE 20 LIFE INSURANCE 19 ARTICLE 21 INSURANCE 19 ARTICLE 22 RETIREE HEALTH INSURANCE ASSISTANCE 20 ARTICLE 23 PENSION/RETIREMENT PLANS 20 ARTICLE 24 LAYOFF 20 ARTICLE 25 LEAVE OF ABSENCE (WITHOUT PAY) 21 ARTICLE 26 GRIEVANCE PROCEDURE 22 ARTICLE 27 CORRECTIVE COUNSELING 25 ARTICLE 28 EEA DUES DEDUCTION 25 ARTICLE 29 ASSOCIATION ACTIVITIES 26 ARTICLE 30 STANDBY PAY 27 ARTICLE 31 CALL BACK PAY 27 ARTICLE 32 LABOR MANAGEMENT COMMITTEE 28 ARTICLE 33 EXCLUSIVENESS OF CONTRACT 28 ARTICLE 34 SENIORITY AND SHIFT BIDDING 29 Page 223 of 403 1 ARTICLE 1. INTRODUCTION & DEFINITIONS I. INTRODUCTION This Contract, entered into by the City of Englewood, Colorado, and the Englewood Employees Association, has as its purpose the promotion of harmonious relations between the City and its Employees, a fair and peaceful procedure for the resolution of differences, and the establishment of rates of pay, hours of work, and other conditions of employment as set out in the City Charter. Except where limited by express provisions elsewhere in this Contract, nothing in this Contract shall be construed to restrict, limit, or impair the rights, powers, and authority of the City as granted to it under the laws of the State of Colorado, the Charter, and the Municipal Code. Those rights, powers, and authority include, but are not limited to, the following: A. To determine the overall mission of the City as a unit of government. B. To maintain and improve the efficiency and effectiveness of City operations. C. To determine the services to be rendered, the operations to be performed, the technology to be utilized, or the matters to be budgeted. D. To determine the overall methods, processes, means, job classifications, or personnel by which City operations are to be conducted. E. To direct, supervise, hire, promote, transfer, assign, schedule, retain, or lay- off Employees. F. To suspend, discipline, discharge, or demote for just cause, all full-time, permanent, classified Employees. G. To relieve Employees from duties because of lack of work or funds, or under conditions where the City determines continued work would be inefficient or non- productive. H. To take whatever other actions may be necessary to carry out the wishes of the public not otherwise specified herein or limited by this Contract. I. To take any and all actions to carry out the mission of the City in cases of emergency. Page 224 of 403 2 Nothing contained herein shall preclude the City from conferring with its Employees for purposes of developing policies to effectuate or implement any of the above-enumerated rights. The City retains the right to change any past practice, so long as that change is not in violation of this Contract. In the event the City desires to amend or delete a past practice, the City will provide reasonable, advance, written notice of the intended change to the EEA. The Association shall have the right to grieve any change in practice that violates this Contract. This contract, as negotiated, will supersede any conflicting Administrative Policy II. DEFINITIONS For purposes of this Contract: A. Administrative Policy Manual means the Administrative Policy Manual of the City of Englewood, Colorado, as updated September 2020, and as thereafter revised from time to time. B. Charter means the Home Rule Charter of the City of Englewood, Colorado. C City means the City of Englewood, Colorado. D. Conclusion Date means December 31, 2026 E Contract means the Collective Bargaining Agreement between the City of Englewood, Colorado and the Englewood Employees Association for the period commencing on January 1, 2025 and concluding on December 31, 2026 F. Day means calendar day unless otherwise stated herein. G. EEA means the Englewood Employees Association in its capacity as the exclusive bargaining representative of the Employees covered by this Contract. H. Effective Date means January 1, 2025 I Employee means a full-time, classified employee of the City covered by the Contract. J. Immediate Family Member means an Employee's spouse or domestic partner, or the children, step-children, foster children, grandchildren, parents, Page 225 of 403 3 grandparents, siblings, or aunt or uncle of the employee or the employee’s spouse or domestic partner. For purposes related to use of salary continuation and sick leave, the term “immediate family member” will be defined consistent with the Healthy Families and Workplaces Act (“HFWA”), C.R.S. § 8-13.3-401 et seq. K. Municipal Code means the Englewood Municipal Code 2000, as amended from time to time. L. Parties means, collectively, the City and the EEA. M. Prior Contract means the Collective Bargaining Agreement between the City of Englewood, Colorado and the Englewood Employees Association for the period commencing on January 1, 2023 and concluding on December 31, 2024 ARTICLE 2. DURATION OF CONTRACT This Contract will take effect on the Effective Date, and shall continue in force through and including the Conclusion Date. A. Nothing in Article 2 (A), above, shall limit, prohibit, or in any way effect the operation of Article 12 of this Contract, in which the City agrees to make certain payments related to accrued, but unused, PTO. The Parties acknowledge and agree that those provisions of Article 12 shall survive the termination of this Contract. B. This Contract, or any part of it, may be terminated or renegotiated at any time by mutual consent of the Parties. C. If any article or section of this Contract should be held invalid by operation of law, or by any Court of competent jurisdiction, or if compliance with or enforcement of any article or section should be restrained by such Court, the remainder of this Contract shall not be affected thereby and this Contract shall remain in full force and effect, and the Parties shall promptly meet and negotiate for the purpose of attempting to arrive at a mutually satisfactory replacement for such article or section. D. The Parties understand that the provisions of this Contract shall in no way displace or modify present or future statutory or case law of the State of Colorado. E. The Parties acknowledge that during negotiations which resulted in this Contract, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter appropriate for Contract negotiations and that the understandings and agreements arrived at by the Parties after this exercise of that right and opportunity are set forth in the Contract. Page 226 of 403 4 F. In the event that both the City and EEA are unable to come to an agreement within the prescribed negotiation timelines as outlined in the City Charter, this contract will continue in full force, except Article 9 (Compensation), until such time the City and EEA come to a mutual agreement on a successor contract or until December 31, 2027, whichever comes first. ARTICLE 3. RECOGNITION The City recognizes the EEA as the sole organization certified pursuant to the provisions of the Charter as the exclusive representative for the Employees within the following bargaining unit: Included: Per City Charter, Section 137:2, Probationary Employees, as defined in the City Administrative Policy, are not subject to the protections of the Career Service System. The following Articles shall not apply to Probationary Employees until such time that the Probationary Employee successfully completes Probation: - Article 4: Employee Rights - Article 24: Layoff - Article 25: Grievance Procedure - Article 27: Corrective Action - Article 28: EEA Dues Deduction - Article 29: Association Activities - Article 32: Labor Management Committee Meetings - Article 33: Exclusiveness of Contract Excluded Employees: All Supervisory, Managerial, Confidential, and Contractual Employees, each as defined by the Charter; all part-time, temporary, and seasonal employees; all employees hired through the use of Federal, State, or other outside funding sources for special projects or programs, and all others who may be determined to be excluded prior to or during the term of this Contract as provided under the Charter. ARTICLE 4. EMPLOYEE RIGHTS An Employee, who is not excluded per Article 3 (Recognition) of this Contract, shall have the right: A. To form, join, support, or participate in, or to refrain from forming, joining, supporting, or participating in, the EEA or its lawful activities, and to bargain collectively through the EEA. B. To be accompanied by an EEA representative during any meeting that may lead to discipline. Page 227 of 403 5 C. The City is obligated to advise an Employee reasonably in advance that a meeting may lead to discipline. Unless a situation poses immediate threat to the orderliness to the workplace, “reasonably in advance” shall mean (3) days. D. The EEA has no right to attend such meetings unless an Employee requests that an EEA representative be present. E. No Employee shall be interfered with, restrained, coerced, or discriminated against because of the exercise of these rights and the right of an Employee to discuss employment concerns with the City shall not be infringed upon. ARTICLE 5. HOURS OF WORK All departments, functions, and activities shall observe office and working hours necessary for the efficient transaction of their respective services. A. All Employees shall regularly work at least forty (40) hours per week with the exception of those employees working a Flex-Work schedule as set forth in Article 6. The work week shall consist of five (5) eight-hour shifts, or other work schedules as determined by the department director and agreed upon with the employee per the City’s "Modified Workweek Schedules" policy set forth in the Administrative Policy Manual. All Employees shall be scheduled to work a regular work schedule and each shift shall have a regular starting and quitting time. Should the work schedule be changed, affected Employees will be notified 72 hours in advance, except in the case of an emergency as determined by the department director. “Emergencies” are unforeseen, unscheduled events or circumstances beyond the control of the City, including but not limited to extreme weather, acts of nature, extraordinary circumstances due to human intervention, or unforeseen needs to maintain minimum staffing levels, that call for or demands immediate action. B. Employees shall be entitled to two (2) paid rest periods not to exceed fifteen (15) minutes, or one thirty (30) minute rest period, for each shift worked. Rest periods shall be under the control of the supervisor or department director. C. When possible, Employees who work beyond their regular quitting time into an overtime situation will be eligible for a fifteen (15) minute rest period before they begin the overtime work. When possible, additional rest periods will be granted under the control of the supervisor or department director similar to rest periods granted under paragraph B, above. D. When necessary, Employees shall be granted a fifteen (15) minute personal clean-up period prior to the end of each shift. The clean-up period shall be under the control of the supervisor or department director. Page 228 of 403 6 , E. All Employees will be granted an unpaid lunch period during each shift. As a normal occurrence, this lunch break will commence between the beginning of the third hour and the beginning of the sixth hour of the shift. An Employee and supervisor may agree to waive this time limit due to work related or personal issues or modified schedule. F. See Administrative Policy Manual, Policy 2.3 (Overtime, Compensatory Time, Administrative Time) and Policy 2.4 (Meal and Rest Breaks) for further clarification. ARTICLE 6. FLEX-WORK A. A supervisor and Employee may agree that it is appropriate for the employee to work 9/80 schedule in writing. This schedule shall be adopted for a period of no less than two (2) pay periods. B. For those non-exempt employees who have agreed to a 9/80 schedule shall receive overtime pay of compensatory time off at time and one-half (1 ½) based on a forty (40) hour work week as understood under the FLSA. The 9/80 work week begins on the employee's eight (8) hour day, exactly four (4) hours after the scheduled start time and ends exactly three (3) hours and 59 minutes after the scheduled start time on the same day the following week. C. Non-exempt employees shall receive overtime pay or compensation time off at time and one-half (1 ½) for all hours worked in excess of 40 hours in their respective FLSA scheduled week. D. Employees electing to participate in a 9/80 schedule must follow the City’s established approval procedure as stated in the Administrative Policy Manual. ARTICLE 7. OVERTIME WORK, OVERTIME PAY & COMPENSATORY TIME OFF A. For all Employees, except as specified below, duties performed at the City’s direction during hours that exceed the Employee’s scheduled work hours shall constitute Overtime Work. B. FLSA non-exempt Employees shall be compensated for Overtime Work at the rate of: 1. one and one-half (1.5) times the Employee’s regular rate of pay for each hour, or fraction of an hour, the Employee devoted to Overtime Work (“Overtime Page 229 of 403 7 Pay”); or 2. At the discretion of the employee in place of cash overtime pay, Compensatory Time Off, computed at the rate of one and one-half (1.5) times the number of hours, or fraction of an hour the Employee devoted to Overtime Work. C. Compensatory Time Off and other forms of paid leave do not constitute Overtime Work. D. An Employee may accumulate a maximum of forty-eight (48) hours of Compensatory Time Off at any given time. An Employee who has reached this maximum accumulation must receive cash overtime payments for any additional Overtime Work. E. An Employee’s use and, within the maximum set forth above, accumulation, of Compensatory Time Off is at the discretion of the Employee’s department director. E. The City retains the right to assign Overtime Work to any Employee qualified to perform the work. F. Paid Time Off, Sick Leave, Compensatory Time Off, or any other paid time off shall not cause overtime. Overtime shall only be paid for hours actually worked in excess of the employee’s scheduled shift. ARTICLE 8. ACTING PAY All persons appointed to an acting assignment, at the sole discretion of the Director, will be compensated consistent with the Classification and Compensation System, taking the Employee’s career achievements into consideration when evaluating their Acting Pay rate, except Employees in South Platte Renew and Utilities who shall have their Acting Pay determined by the department. The Employee becomes eligible for Acting Pay upon working in the acting assignment for eighty (80) consecutive working hours. Such pay will be retroactive to the first day the Employee assumes the responsibility of the acting assignment. Each instance a Director appoints an acting assignment, the assignment is subject to the eighty (80) consecutive hour requirement before the Employee becomes eligible for Acting Pay. Acting Pay is contingent upon the employee accepting the acting assignment, which is completely voluntary by the employee. Employees shall not be disciplined for refusing to accept an acting assignment. ARTICLE 9. COMPENSATION A. A. On December 30, 2024, each employee shall receive a General Salary Increase (GSI) in the amount of 2% of that employee’s 2024 base salary as reflected in City Payroll on December 29, 2024. Page 230 of 403 8 B. On December 29, 2025, each employee shall receive a General Salary Increase (GSI) in the amount of 1.5% of that employee’s 2025 base salary as reflected in City Payroll on December 28, 2025.Starting in 2024, and continuing during the term of this Agreement, the City will develop a comprehensive Pay-for Performance program. The City will develop this program in two phases, with new evaluation processes developed for 2025 followed by a Pay-for Performance system in 2026. Pay for Performance awards shall be in the form of supplemental pay, not added to the employee’s base wage. Pay awarded as Pay-for Performance pay shall be maintained year over year and each award will add to previous awards up to a maximum cap, to be determined via re-opener negotiations prior to implementation. Employees may earn up to a two and a half (2.5%) percent Pay for Performance Award. C. The EEA will be allowed to participate in the development of the Pay-for Performance system, with one EEA representative appointed to the City’s Steering Committee. The EEA representative will have the role of EEA liaison, to ensure that the City’s Pay for Performance system will be acceptable to the EEA upon full development. D. At the discretion of the City, and consistent with the City’s Administrative Policy Manual, the City may offer retention and/or recruitment bonuses, subject to budget availability and business necessity. The recruitment and retention bonus program may be suspended at any time at the sole discretion of the City. All aspects of the bonus program shall not be subject to the grievance procedures outlined in this collective bargaining agreement, except claims of discriminatory practices. E. An employee’s placement within the salary range of a classification shall be determined by the City’s Classification and Compensation System. This applies to all EEA positions outside of the South Platte Renew and Utilities departments. F. The City shall conduct a market review annually to support its efforts to maintain external market competitiveness. The City shall notify EEA if it plans to adjust its pay structure as a result of a market review. As set forth in City Charter, classification is non-negotiable subject of bargaining. If the City should fail to conduct an annual market review by December 31st of each year of this contract, such failure shall cause a re-opener to discuss compensation. This provision does not apply to the South Platte Renew and Utilities departments. This provision shall become null and void in the event the City transitions away from a market-based compensation system. G. In the event that the Denver Metro Consumer Price Index changes over the twelve-month period from July of the prior year to June of the current year one percent (1%) higher or lower than the City’s GSI scheduled to be paid near the beginning of the upcoming fiscal year, such event shall cause a re-opener to discuss compensation. This provision shall become null and void in the event the City transitions away from a market-based compensation system. The City and EEA shall review the Denver Metro Consumer Price Index changes by October Page 231 of 403 9 31st of each calendar year of this contract to determine whether the Consumer Price Index is expected to exceed or lag the City’s upcoming GSI by one percent (1%) or more. In the event the re-opener is triggered, negotiations shall conclude within four (4) weeks of re-opening, but shall not exceed December 15th of the contract year. H. Employees shall receive General Salary Increases (GSIs) up to the maximum of their pay range. Once employees reach the maximum of their pay range, the balance of the GSI shall be paid in the form of a one-time lump sum as a percentage of their base and variable earnings the following contract year within the first three (3) full pay periods of the new fiscal year. For example, an employee already at or above the maximum of their pay range as of December 29, 2024 who earns $80,000 in base and variable pay in calendar year 2025 shall be provided a lump sum equal to $1,600 plus 2% of any ancillary pays (2% of their 2025 earnings). ARTICLE 10. DIFFERENTIAL PAY A. In addition to their regular rate of pay, Employees who work outside of the normal business hours shall receive payment of an additional amount per hour for working those hours (“Differential Pay”) as follows: 1. Evening Hours (5:00pm – 9:00pm): $1.50 per hour 2. Overnight Hours/Early Morning Hours (9:00pm – 5:59am): $2.00 per hour B. Employees who are not regularly assigned to shifts, but occasionally perform work outside their scheduled hours will receive the outlined Differential Pay. C. Differential Pay shall not be included in an Employee's regular rate of pay for purposes of calculating Overtime Pay in accordance with Article 7. ARTICLE 11. PAID TIME OFF (PTO) As of January 1, 2025, Employees will accrue PTO as follows during each pay period of the Contract term: Page 232 of 403 10 A. Employees shall accrue PTO at the accrual rate commensurate with the employee’s relevant years of experience for their job as determined by the City’s Classification and Compensation System. Employees in South Platte Renew and Utilities shall have their relevant years of experience determined by their respective departments. B. Employees will accrue PTO as follows during each pay period of the Contract term: Years of Experience Maximum PTO accrual per year PTO accruals per pay period Maximum Annual PTO Carry Over 0 – 4.99 years 108 hours 4.1538 140 hours 5 – 9.99 years 148 hours 5.6923 180 hours 10-19.99 years 188 hours 7.2307 220 hours 20+ years 208 hours 8.0 260 hours New employees shall be provided with the first forty (40) hours of PTO accruals in a lump sum upon hire. The new employee will not earn any PTO accruals until such time that the employee otherwise would have accrued forty (40) hours of PTO. Upon meeting the threshold in which the employee would have otherwise earned forty (40) hours of PTO, the employee shall then begin to accrue PTO at the applicable rate. C. In each year of this Contract, Employees will be permitted options regarding the PTO they accrue, but do not use, that exceeds the Maximum Annual PTO Carry Over identified above (the “Excess PTO”). Those options are as follows: 1. The Employee may accept payment, in cash, equal to the value of her or his Excess PTO; or 2. The Employee may defer the value of her or his Excess PTO into the City’s Section 457 Retirement Savings Plan (the “Plan”), up to the limit permitted by the Internal Revenue Code. By way of example, for Calendar Year 2024, that limit is $23,000 for Employees under age 50, and $30,500 for Employees 50 and older. 3. An Employee will have the opportunity to use both of the above- described options, in combination, up to the maximum levels permitted by applicable law. 4. Each Employee will advise the City of the Employee’s allocation of her or his Excess PTO, between payment in cash and deferral into the Plan, not later than Page 233 of 403 11 January 31 of each Contract Year. Should an Employee fail to advise the City of the Employee’s allocation, the Employee shall receive a payment in cash. The City shall provide final totals to employees of Excess PTO no later than the end of the second full pay period of the calendar year of that PTO Excess time frame. 5. By way of example, the City will provide final numbers to each employee by the end of the second full pay period of the calendar year for that employees Excess PTO for 2025. Each Employee will advise the Human Resources Department by January 31, 2025 how to allocate their Excess PTO for 2024 between a cash payment and deferral into the Plan. 6. For each Contract Year, the City will make cash payments to Employees in accordance with Section (E) (1) above, or deferrals into the Plan in accordance with Section (E) (2) above, on or before March 15 of the following Contract Year. 7. Excess PTO accrued during 2026 will be subject to this Section. 8. Employees shall not be allowed to go into a negative PTO balance. ARTICLE 12. SICK LEAVE & SALARY CONTINUATION I. Sick Leave A. Each Employee shall receive ninety-six (96) hours of Sick Leave on January 1 of each Contract year. B. Sick Leave shall be scheduled and administered by the Employee’s Supervisor. C. An Employee who regularly works scheduled shifts shall notify her or his Supervisor at least one (1) hour prior to her or his scheduled reporting time of the need to be absent due to illness or injury. D. Unused Sick Leave does not accrue, and is not paid out at separation. Up to ninety-six (96) hours can be carried over with a cap of 192 hours. Once an Employee reaches 192 Sick Leave Hours in their Sick Leave Bank, the employee shall stop receiving Sick leave until the employee is under 192 Hours. E. Sick Leave is based on Employees’ work schedules and must be taken in increments of not less than one (1) hour. I. Consistent with the HFWA, CRS 8-13.3-407, paid sick leave taken by an employee Page 234 of 403 12 under the HFWA shall not count as an absence that may lead to or result in disciplinary action against an employee. J. An Employee who requires more than four (4) consecutive days of Sick Leave beyond the initial first four (4) days of Sick Leave used in a calendar year may be requested to provide reasonable documentation to the Employee’s Department Director a health care provider’s written verification that the Employee is injured or ill. “Reasonable documentation” is understood by the parties to be consistent with C.R.S.§ 8-13.3.401 et seq. C.R.S. and the associated interpretive regulations. G. Sick Leave shall be available for use consistent with the HFWA, C.R.S. § 8-13.3 401 et seq. and the associated interpretive regulations. H. Employees who leave employment and are reinstated within six (6) months shall have any Sick Leave balance at the time of separation reinstated upon rehire. I. Pregnancy 1. Sick Leave under this Article 13 shall be available to an Employee for the purpose of addressing any medical issue related to the Employee’s pregnancy. 2. Likewise, Sick Leave under this Article 13 shall be available to an Employee for the purpose of addressing any medical issue related to the Employee’s spouse’s pregnancy. II. Salary Continuation A. Each Employee covered by this Contract will become eligible for up to 480 hours of continued full salary should the Employee, or an Immediate Family Member of an Employee, become seriously ill or disabled pr Baby Bonding. Employees covered by Colorado’s Family Medical Leave Insurance program (“FAMLI”), including under C.R.S. § 8-13.3-514, are ineligible. 1. The Employee shall be entitled to continued payment of her or his full salary in accordance with this Article in the event that the Employee or an Immediate family Member of an Employee as defined under the HFWA becomes seriously ill or disabled as a consequence of circumstances not related to City employment. A serious illness shall include a complication of the Employee’s pregnancy. B. In order to access Salary Continuation, the Employee must have been absent from work for a period of not less than eighty consecutive (80) work hours immediately preceding the Salary Continuation Period (the “Elimination Period”). By way Page 235 of 403 13 of example, an Employee who regularly works ten-hour shifts must be absent from work due to an illness or injury, or due to an Immediate Family Member’s illness or injury, for four (4) consecutive work days in order to become eligible for Salary Continuation. C. An Employee must use available Sick Leave during the Elimination Period. Should the Employee lack Sick Leave to cover the Elimination Period, she or he may use any combination of available PTO, Compensatory Time Off, Holiday Leave, or Donated Leave, or, if no other paid leave is available, may take Leave of Absence Without Pay, in order to satisfy the Elimination Period. D. The Employee’s request to access salary continuation must be accompanied by appropriate medical documentation, issued by a healthcare provider, of a serious illness or disability necessitating the need for leave. III. Intermittent Leave A. An Employee who has been diagnosed with a “Serious Health Condition,” as that term is defined at 5 U.S.C. § 6381 (the Family and Medical Leave Act), may access the Salary Continuation program for up to thirty 160 hours of Intermittent Leave to address that condition under the following circumstances: 1. The Employee’s treating healthcare provider has recommended Intermittent Leave for the Employee. 2. The Employee has exhausted not less than eighty (80) hours of Sick Leave, or a combination of any available leave, during the Contract year as a consequence of the Serious Health Condition. B. An Employee who satisfies the criteria described above may access up to 160 hours of Salary Continuation on an intermittent basis through the end of the Contract year. C. Intermittent Leave will be available exclusively for an Employee to address her or his own Serious Health Condition. It does not extend to Immediate Family Members. D. By way of example, an Employee is diagnosed with PTSD as a consequence of active duty military service. The Employee’s treating neurologist and psychiatrist recommend that the Employee be permitted to take one day off from work when she experiences a significant panic attack, which typically occur with little warning and resolve within 24 hours. In July, the Employee has used 80 hours of Sick Leave to address this condition. She provides the City her treating healthcare providers’ statements that she is expected to continue experiencing panic attacks and will benefit from continuing access to Intermittent Leave. She may then access the Salary Page 236 of 403 14 Continuation program on an intermittent basis for up to 160 hours of leave to address her chronic, Serious Health Condition through the end of the Contract Year. E. An employee out on Intermittent Salary Continuation leave may be subject to a fitness for duty exam or other medical clearance prior to returning to work. IV. Sick Leave Option Nothing in this Agreement shall alter the terms of the Sick Leave Option set forth in Article 12 of the Prior Contract, which applies exclusively to Sick Leave accrued by permanent Employees prior to January 1, 1980. ARTICLE 13. WORKERS' COMPENSATION For any on-the-job injury, which causes an Employee to be absent from work as a result of such injury, the City shall pay to such Employee her or his full wages from the first day of her or his absence from work up to and including the 90th calendar day of such absence, less whatever sums the Employee receives as disability benefits under the Workers' Compensation program. If the Employee is not able to return to full/light/modified duty after the first 90 days the employee may opt to supplement the worker’s compensation payments of 66 2/3 of wages with the employee’s own leave accruals for the next 90 days. The total usage of PTO, Comp Time, or Holiday Leave in these circumstances, plus any worker’s compensation benefits, shall not total more than the employee’s regular hours worked for the applicable pay period. The Employee’s election to supplement their workers’ compensation payments of 66 2/3 wages with accrued leave is strictly voluntary and not required by the City. The City requires any Employee on workers' compensation to submit to an examination(s) by City-appointed physician(s) at the City's expense or under the provision of the Workers' Compensation program. If an employee is able to return to full duty within 180 days (6 months) with approved clearance from the attending Doctor no additional action would be required, as long as the employee is deemed able to perform all the essential functions of their job, with or without a reasonable accommodation, such employee shall be reinstated to full duty. If the injury or illness results in an absence of over 180 days and the employee is not able to return to work in any capacity, the City may submit the employee to a fitness for duty exam (at the City’s expense) to determine whether the City is able to continue employment with the employee. If an employee is not able to return to full duty within six (6) months of commencement of modified duty, a fitness for duty exam may be requested at the City’s expense. If the employee is deemed able to perform all the essential functions of their job, with or without a reasonable accommodation, such employee shall be reinstated to full duty. However, if Page 237 of 403 15 the employee is unable to return to full duty, with or without accommodation, as determined by the fitness for duty results, the employee will be separated from employment. Nothing in this section affects the obligation of the City to engage in a good faith, interactive process to consider reasonable accommodations for any employee with a temporary or permanent disability that is protected under Federal or State law, including the Americans with Disabilities Act (ADA) or Pregnant Workers Fairness Act (PWFA). The City may file Family Medical Leave Act (FMLA) paperwork on behalf of an employee if the City believes it is in the best interest of the employee to do so. Employees shall be compensated at their regular hourly rate of pay for any and all medical appointments associated with an Active Open Worker’s Compensation claim; claims in which the employee has reached Maximum Medical Improvement (MMI) or are otherwise subject to a medical maintenance plan with no Active Open Worker’s Compensation claim will not be compensable unless the employee uses their own leave balances. All workers' compensation injuries shall be reported to the Employee's supervisor before the Employee leaves her or his department of employment on the day of the injury, or, if immediate reporting is not feasible, within 24 hours of the injury occurring. ARTICLE 14. MILITARY LEAVE The authority for this policy is derived from the provisions of the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), and C.R.S. §§ 28-3-601 through 28-3-607. A. The City is obligated to grant Military Leave without loss of pay for absences not exceeding fifteen (15) days in any calendar year. Fifteen (15) days equates to fifteen 8-hour days, or 120 hours. The City cannot require an Employee to use PTO, Compensatory Time Off, or Holiday Leave for such purposes. The Employee may, however, request use of PTO, Compensatory Time Off, Holiday Leave, or a Leave of Absence Without Pay for absences exceeding those covered by the fifteen (15) day Military Leave allowance. B. Military Leave will not result in the loss of any benefit of employment that would have normally accrued if the Employee had not been absent for military service. C. Employees are responsible for providing their department directors copies of all military orders that will result in a leave of absence for active military duty. Employees are also required to notify their supervisors at the earliest possible date upon learning of scheduled military duty. D. Employees who fail to return to work in accordance with the provisions of USERRA and C.R.S. §§ 28-3-601 through Section 28-3-607 are subject to disciplinary Page 238 of 403 16 action up to and including termination. E. Employees must remit to the City any pay received from the military for the period of time the Employee is on paid Military Leave. This remittance shall occur immediately upon receipt of the military pay. In instances that the military pay is greater than the Employee's City pay, the Employee may elect to forego City paid Military Leave and may retain her or his military pay. F. The City will make a reasonable effort to adjust work schedules and assignments to accommodate Employees fulfilling military obligations. ARTICLE 15. FUNERAL LEAVE Employees are eligible for up to forty (40) hours (per event) of Funeral Leave. Funeral leave applies with respect to the death of an Employee’s Immediate Family Member as defined in Article 1 (non-sick leave use). Supervisors may ask for reasonable documentation to verify the need for leave (e.g., copy of funeral program, death certificate, invoice for funeral services, etc.) after two such events in the previous rolling 12-month period. ARTICLE 16. JURY DUTY AND WITNESS SERVICE A. Leave will be granted to an Employee called for jury duty or to appear as a witness in her or his official capacity in obedience to a subpoena or other direction by legal authority (including a Grand Jury summons). The Employee will receive her or his regular salary for jury duty served. Any jury pay will be reimbursed to the City. The Employee may retain any reimbursements for mileage and parking. Employees on jury duty or called as a witness in their official, City capacity will be expected to work as much of their regularly scheduled workday as their jury duty schedule or appearance in court permits. B. When an Employee is subpoenaed as a witness in private litigation -- not in her or his official capacity, but as an individual -- the Employee must use available leave to cover the time she or he will be absent from work. All available paid leave must be exhausted before the time absent can be taken as a Leave of Absence Without Pay. C. Employees will not receive Overtime Pay or earn Compensatory Time Off for time served as a juror or a witness. ARTICLE 17. HOLIDAYS, HOLIDAY PAY & ENHANCED HOLIDAY PAY: A. The following days shall be Holidays recognized by the City: Page 239 of 403 17 1. New Year's Day: January 1. 2. Martin Luther King Day: the third Monday in January. 3. Memorial Day: the last Monday in May. 4. Juneteenth: June 19. 5. Independence Day: July 4. 6. Labor Day: the first Monday in September. 7. Veteran's Day: November 11. 8. Thanksgiving Day: the fourth Thursday in November. 9. Fourth Friday of November following Thanksgiving Day. 10. Christmas Eve: December 24. 11. Christmas Day: December 25. 12. New Year's Eve Day: December 31. B. On January 1 of each calendar year, each employee shall receive one Cultural Recognition Day to use at the employee’s discretion, subject to supervisory approval, equal to eight (8) hours or the number of hours the employee normally works in a day if the employee’s schedule is necessary to meet business objectives consistent with subsection E of this Article. C. Any Employee who is absent from work, without approved, paid or sick leave, on either the work day immediately before or immediately after a Holiday shall not receive Holiday Pay for that Holiday. D. Holidays include the 24-hour period commencing at 12:00 a.m. Mountain Time and concluding at 11:59 p.m. Mountain Time on the Holiday. E. Each Employee who is not scheduled to work on a Holiday will be paid an amount equal to 8 hours of Holiday Pay for the Holiday, calculated using the Employee’s regular rate of pay, Employees who are regularly required to work an alternative schedule to meet business operation (e.g., 9/80 schedule, 4/10 schedule, etc.) resulting in more than eight (8) hours in a day shall receive the equivalent number of holiday hours commensurate with their regularly scheduled hours of work. However, if an employee Page 240 of 403 18 voluntarily elects to work an alternative schedule resulting in more than eight (8) hours in a day, the employee shall only receive eight (8) hours of holiday pay. For example, a City division requires all staff to work a 4/10 schedule to accommodate business operations. Employees required to work a 4/10 schedule shall receive 10 hours of holiday pay on a City designated holiday. Alternatively, an employee who works in a division that works a standard 5/8/ shift, but the employee voluntarily elects to work a 4/10 schedule, the employee shall be granted eight (8) hours of holiday pay. F. Each Employee scheduled to work on a Holiday, who actually works during the Holiday as scheduled, may choose: 1. To receive payment equal to two-and-one-half times the Employee’s regular rate of pay (“Enhanced Holiday Pay”) for each hour the Employee actually works on the Holiday; or 2. To receive Overtime Pay, as described in Article 7, for each hour, or portion thereof, the Employee actually works during the Holiday, and 8 hours of Holiday Leave, which the Employee may take at a later date, as approved by the Employee’s supervisor. An Employee may not accumulate more than 40 hours of Holiday Leave at any one time. Accumulated, but unused, Holiday Leave will not be paid out to an Employee upon separation from City employment. ARTICLE18. UNIFORM ALLOWANCE A. When the City determines (1) that immediate visual identification of a City Employee through appearance in a City approved uniform is appropriate, or (2) that a uniform is necessary in order for an Employee to fulfill specific job duties, the City will provide the Employee an allowance with which to purchase authorized uniform items. The allowance will be in an amount determined by the Employee’s Department Director, as set forth in the Department budget, and shall be sufficient to cover the reasonable cost associated with the required uniform, except that any allowance for work shoes shall be set at a minimum of $200.00. B. The City will cover the costs of routine uniform cleaning and replacement, as determined to be necessary by Department Directors. C. Employees will wear their City uniforms only while on duty, or in connection with approved activities directly related to their City employment. ARTICLE 19. TUITION REIMBURSEMENT/DEGREE ACHIEVEMENT RECOGNITION See Administrative Policy Manual, Policy 9.1 (Tuition Reimbursement/Degree Achievement Recognition)To be eligible for tuition reimbursement the degree or achievement must be relevant to the work of the City of Englewood. Employees approved Page 241 of 403 19 to attend training and/or education under this Article shall be allowed to utilize Paid Time Off (PTO) if the employee needs to attend courses during the workday. Upon successful completion of the course, certificate, or educational session, an employee who used PTO to attend the training sessions shall be reimbursed the PTO hours, up to a maximum of forty (40) hours), in each calendar year. The City reserves the right to request proof of the workday attendance and successful completion of the training. Such reimbursement of any used PTO under this Article is subject to adequate proof (as determined by the City) necessitating the need to leave work to attend the training course. Approval of the PTO to attend training is subject to Department approval consistent with the regular time off request process for the employee’s work group. ARTICLE 20. LIFE INSURANCE The City will provide access to term life insurance for each Employee in the amount of one time her or his annual salary. Upon separation from employment, the Employee may convert the life insurance per the life insurance plan conversion agreement in place at the time of her or his separation from employment. ARTICLE 21. INSURANCE A. MEDICAL 1. The City will pay ninety percent (90%) of the premium cost for "Employee-Only" coverage; eighty five percent (85%) of the premium cost for "Employee- Plus-One" coverage; and eighty percent (80%) of "Family" coverage for the medical insurance plan designated as the basic City plan. Employees will pay 10%, 15%, or 20% of the premium cost, depending on the level of coverage they select. 2. If the City offers any optional medical insurance plan(s), the Employee will pay the difference between the City's contribution described above and the premium cost of the optional plan, if any, the Employee selects. 3. The City and EEA agree to re-open negotiations regarding Article 22, Section A no later than September 30, 2022. Specifically, the City and EEA agree to discuss the contribution rates, if any, toward the Health Savings Account. If no agreement is reached, then the parties agree to maintain the status quo. B. DENTAL With respect to any dental insurance plan the City offers to Employees, the City will pay for each Employee: 1. Ninety percent (90%) of the premium cost for Employee coverage; Page 242 of 403 20 2. Eighty five percent (85%) of the premium cost for Employee-Plus- One coverage; and 3. Eighty percent (80%) of the premium cost for Family coverage. Employees will pay either ten percent (10%), fifteen percent (15%), or twenty percent (20%) of the premium cost for dental insurance, depending on the level of coverage they select. Any dispute concerning the interpretation or application of benefits provided under the health or dental plans shall be subject to the plan appeal process. It is expressly understood that this Article is a non-grievable item under this Contract. C. The EEA will provide information and shall be able to attend meetings as a non-voting member and provide input to any committee involved in making decision regarding plan selection or health care benefit design; however, while the EEA can provide its input, it shall not have the authority to bind the City to any specific benefit plan or level of benefit offerings. ARTICLE 22. RETIREE HEALTH INSURANCE ASSISTANCE Retirees will be guaranteed conversion privileges to the Health Insurance Conversion Plan available through the City. For those who retired prior to December 31, 1996, the City will pay $50 per month. For those who retired after January 1, 1997, the City will pay $75 per month. For those who retired on or after January 1, 2010, the City will pay $100 per month. For purposes of this Article, "retiree” shall be defined as all Employees who separate from the City at age 55 or older and have completed at least 15 years of continuous, permanent, full-time service immediately preceding the date of separation. Employees hired after January 1, 2023 shall not be eligible for this benefit. See Administrative Policy Manual, Policy 9.2 (Retiree Health Assistance). ARTICLE 23. PENSION/RETIREMENT PLANS The pension plan description for Employees covered by this Contract is set forth in Title Ill, Chapter 4 of the Municipal Code. Additionally, the plan description for the Nonemergency Employees Retirement Plan is available for inspection in the Department of Finance and Administrative Services. ARTICLE 24. LAYOFF A. Whenever there is lack of work, lack of funds, or under conditions where it is determined that continued work would be inefficient or nonproductive, requiring reductions Page 243 of 403 21 in the number of Employees, the appointing authority shall designate the department and positions in which the layoff is to be made. In identifying individual Employees to be laid off, the appointing authority shall consider the relative ability of all Employees within the position classification, taking into account the Employee's documented performance history, and then seniority with the City. B. Employees laid off shall be put on a recall list for one year following their layoff. Employees recalled from layoff into the same job classification shall be recalled in inverse order of layoff. If they are recalled into a different position, those recalled must have the demonstrated ability and qualifications to perform the available work as determined by the City. No new Employees shall be hired into positions covered by this Contract until all Employees on layoff status desiring to return to work have been recalled. C. Employees identified for layoff shall have the right to displace an Employee in any position classification which the Employee formerly held in the department, taking into account both the Employees' documented performance history, demonstrated ability and then seniority with the City. The Employee ultimately displaced shall then be the person laid off unless that Employee in turn has effective displacing rights under the provisions of this Article. D. No later than twenty-one (21) calendar days prior to the effective date such a layoff, the city shall provide the Union a Statement of the reasons necessitating the layoffs. Upon request of the Union, the City agrees to meet and confer to discuss the reasons for the layoff, and to consider any Union-proposed alternatives or methods to mitigate or avoid the layoff. The parties agree that the meet and confer process shall not delay the layoffs beyond the twenty-one (21) day period, unless the parties agree to extend the period by mutual agreement. ARTICLE 25. LEAVE OF ABSENCE WITHOUT PAY A. After twelve months of continuous service and upon approval of the department director, in concurrence with the Human Resources Director, Employees may be granted a Leave of Absence Without Pay of up to one year for compelling personal reasons not related to Family and Medical Leave reasons. B. All accrued, paid leave must be exhausted before the beginning of the Leave of Absence Without Pay. Employees on such Leave do not accrue PTO or Sick Leave, and do not have access to Salary Continuation under Article 13. Employees on Leave of Absence Without Pay are not eligible to accrue or use Holiday, Jury & Witness, Military, or Funeral Leave. When an Employee is on a Leave of Absence Without Pay, she or he will remain in the City health and dental insurance plans, provided the full premium is paid by the Employee. C. The Employee may retain the benefit accrual rate they were eligible for at Page 244 of 403 22 the beginning of the Leave of Absence Without Pay, provided the Employee returns to work with the City on the agreed upon date. Upon return, the Employee's hire date will be adjusted if the Leave has exceeded thirty (30) calendar days. D. An Employee who engages in other employment, including self- employment, while on Leave of Absence Without Pay, will be terminated effective as of the last day worked, unless prior written approval has been obtained from the Human Resources Department. E. Employees on a Leave of Absence Without Pay, who fail to report for work by the first day after the expiration date of that Leave, or fail to obtain a properly approved extension of that Leave, will be terminated from their employment with the City as of the last day actually worked. ARTICLE 26. GRIEVANCE PROCEDURE A grievance is a misinterpretation, misapplication, or violation of one or more provisions of this Contract alleged by one or more Employees. An Individual Grievance is a grievance asserted by a single Employee. A General Grievance is a grievance asserted by two or more Employees. A General Grievance may only be filed by the Association within the time frame specified in Step 4 (B) of this Article. “Work Day" means calendar days exclusive of Saturdays, Sundays, and City Holidays. Step 1 – Discussion of Individual Grievance with Supervisor An Employee must commence an Individual Grievance by orally and informally advising her or his immediate supervisor of the grounds for the Grievance within five (5) Work Days of the date upon which the events that gave rise to the Grievance allegedly occurred, or the date upon which the Employee first became aware of those alleged events. The Employee’s immediate supervisor shall then have up to five (5) Work Days to orally and informally respond to the Employee’s Individual Grievance. Step 2 – Submission of Written Individual Grievance to Supervisor If Step 1 does not result in resolution of the Individual Grievance to the Employee’s satisfaction, then the Employee may, within five (5) Work Days following the Employee’s receipt of her or his immediate supervisor’s response, submit a written statement describing the grounds for the Grievance, the relevant Article or Articles of this Contract, and the Employee’s proposed resolution of the Grievance, to the supervisor. The Employee’s immediate supervisor shall then have up to five (5) Work Days within which Page 245 of 403 23 to respond to the Employee’s Individual Grievance in writing. Step 3 – Submission of Written Individual Grievance to Department Director If the immediate supervisor’s written response submitted to the Employee in accordance with Step 2 does not resolve the Employee’s Individual Grievance to the Employee’s satisfaction, the Employee may, within five (5) Work Days of receiving that response, submit a written statement describing the grounds for the Grievance, the relevant Article or Articles of this Contract, and the Employee’s proposed resolution of the Grievance, to the Employee’s Department Director. The Employee’s Department Director shall then have up to five (5) Work Days within which to respond to the Employee’s Individual Grievance in writing. Step 4 – Written Grievance Submitted to Human Resources Director A. In the case of an Individual Grievance, if the Department Director’s written response submitted to the Employee in accordance with Step 3 does not resolve the Employee’s Individual Grievance to the Employee’s satisfaction, the Employee may, within five (5) Work Days of receiving that response, submit a written statement describing the grounds for the Grievance, the relevant Article or Articles of this Contract, and the Employee’s proposed resolution of the Grievance, to the Human Resource Director. Within ten (10) Work Days of receiving the Employee’s written Statement, the HR Director, or her or his designated hearing officer, shall meet with the Employee and EEA Representative to review the Grievance and relevant information the Employee desires to present. Within ten (10) Work Days of that meeting, the HR Director, or the designated hearing officer, will issue a written response to the Employee’s Individual Grievance. B. In the case of a General Grievance, the Association may initiate that Grievance by submitting a written statement describing the grounds for the General Grievance, the relevant Article or Articles of this Contract, and the Association’s proposed resolution of the Grievance, to the HR Director. The HR Director, or her or his designated hearing officer, shall then, within ten (10) Work Days of receiving the Grievance, meet with up to three (3) Association Representatives to review the Grievance and relevant information the Association desires to present. Within ten (10) Work Days of that meeting, the HR Director, or the designated hearing officer, will issue a written response to the Association’s General Grievance. Step 5 – Arbitration A. If the HR Director, or the designated hearing officer’s, response issued in accordance with Step 4 does not resolve the Individual Grievance or the General Grievance, then the Employee, in the case of an Individual Grievance, or the Association, in the case of a General Grievance, may, within fifteen (15) Work Days following receipt Page 246 of 403 24 of the HR Director, or the designated Hearing Officer’s, response, request the Grievance be submitted to arbitration. B. The City and the Employee, in the case of an Individual Grievance, or the Association, in the case of a General Grievance, will attempt, in good faith, to choose a mutually agreeable arbitrator. If, within fifteen (15) Work Days of the request for arbitration, the Association and the City cannot mutually agree on an arbitrator the Parties will file a joint request with the American Arbitration Association for designation of a panel of seven (7) proposed arbitrators. If the Parties cannot agree on one of the proposed arbitrators, they shall then select the arbitrator by alternative striking of names from the panel, with the first strike made by the Employee or the Association. The final name left on the panel shall be the arbitrator. C. If neither Party requests a hearing, the Parties shall submit written position statements to the arbitrator within 30 calendar days of the arbitrator’s acceptance of appointment. The arbitrator shall then issue a written determination within 30 calendar days of receiving the Parties’ written position statements. D. If one, or both, of the Parties requests a hearing: 1. the Parties shall set an initial conference with the arbitrator within 10 calendar days of the arbitrator’s acceptance of appointment; 2. the Parties and the arbitrator shall schedule the hearing to commence not more than 45 calendar days following the initial conference; and 3. the arbitrator shall issue a written determination not more than 45 days following the conclusion of the hearing. E. Each Party shall be responsible for compensation to its own representatives and witnesses. The fees of the arbitrator shall be borne equally by the Association and the City. Authority of Arbitrator A. The arbitrator shall have no power to add to, subtract from, or change the terms of this Contract. B. The written decision of the arbitrator shall be final and binding upon the Parties. C. The arbitrator shall limit her or his decision strictly to the grievance submitted and properly processed through the grievance procedure outlined. Page 247 of 403 25 D. Failure by an Employee or the EEA to comply with any time limitation shall constitute a settlement of the grievance. E. Should the City not respond within the prescribed time, the grievance will automatically proceed to the next step. At the Employee's, or, in the case of a General Grievance, the Association’s, option, the City may be allowed additional time to respond. Grievances may be investigated and processed by the Employee or designated Employee representative during working hours, within reasonable time limits, without loss of pay, provided notice is given and the workload permits. FINALIZING / CLOSING A GRIEVANCE via MOU settlement: Upon a mutual resolution of a grievance where the parties are in agreement that an Memorandum of Understanding (MOU) is appropriate the HR Director or designee will create an MOU within fifteen (15) days of an agreement of arbitration for consideration/review by the EEA. Upon approval of the MOU both the parties will sign the MOU. Copies of the signed MOU will be provided to the EEA as well as being attached to the current contract on file and placed on the Employee Portal of the Website along with the current contract. These deadlines may be extended if agreed upon in writing by the parties. ARTICLE 27. CORRECTIVE COUNSELING A. Whenever a supervisor deems it appropriate to address deficiencies in an employee’s performance or conduct, the supervisor shall provide an Employee direction regarding the particular conduct or of the Employee’s performance of particular job duties (“Corrective Counseling”). The supervisor’s Corrective Counseling may be verbal or written and shall be formulated so as to facilitate the Employee’s improvement. Corrective Counseling shall not be punitive and shall not constitute discipline. B. An Employee who reasonably believes that a particular Corrective Counseling meeting will result in discipline may request that the meeting be suspended and that notice be provided in accordance with associated Article 4 Employee Rights. C. Actions taken by the City in accordance with this Article shall not be grievable and shall not constitute discipline. ARTICLE 28. EEA DUES DEDUCTION A. The City agrees to deduct EEA dues each pay period from the pay of those Employees who individually request In writing that such deductions be made, subject to the garnishment laws of the State of Colorado. The amounts to be deducted shall be Page 248 of 403 26 certified to the Human Resources Department by the EEA Treasurer, and the aggregate deductions of all Employees shall be remitted together with an itemized statement to the Treasurer by the 15th of the succeeding month, after such deductions are made. The authorization shall be revocable during the term of the Contract, upon written notice by the Employee to the Human Resources Department. B. If no wages are paid to an Employee authorizing such deductions in any given pay period, deduction for that pay period(s) will be made from any wages which may be paid to him/her in the succeeding pay period(s). It is expressly understood that the City assumes no liability, and shall not be liable, for the collection or payment to the EEA of any dues during any time that an Employee is not actually working for the City and actually on the payroll of the City. In the event of error on the check-off list, the City will not be responsible to make adjustments until notified by the EEA Treasurer. C. The EEA shall indemnify and hold the City harmless against any and all claims, suits, orders, or judgments brought or issued against the City as a result of any action taken or not taken by the City under the provisions of this Article. D. Changes in the dues amount to be deducted shall be limited to two (2) changes each year, provided a thirty (30) day written notice is provided to the Human Resources Department. E. Should the change in the deduction method require a computer programming change, the EEA shall be responsible for the cost of such change or changes, at $30 per hour with a four (4) hour maximum. Payment from the EEA shall be made to the City Finance and Administrative Services Director within ten (10) days of receipt of billing. ARTICLE 29. ASSOCIATION ACTIVITIES A. The City agrees that, during working hours, on the City premises, and without loss of pay, EEA member Employees may: 1. Attend two (2) EEA membership meetings annually. a. The City, however, retains the right to maintain appropriate staffing levels as determined by the department director and will not be required to pay Overtime Pay or award Compensatory Time Off necessitated by attendance at the meeting. Employees may be called back from such meetings to address emergencies. b. Additional membership meetings may be called to address issues of general interest. If these additional meetings are held during Employees' work shifts, the City retains the right to either approve or disapprove attendance on City time (i.e., during times other than Employees' lunch and break periods). Page 249 of 403 27 c. Notice of such meetings, specifying whether the meeting is biannual or general interest, will be provided to directors, managers and supervisors two weeks in advance, unless it is mutually agreed to waive this provision 2. Post EEA notices on City designated bulletin boards; 3. Solicit EEA memberships during Employee's non-work time. B. Additionally, the Association may call monthly meetings of its board, to be held during the board members’ lunch periods. One (1) weeks' notice will be given to supervisors if the meetings are expected to exceed the lunch periods. C. Board members may also be allowed to represent Employees on grievances and will be allowed to represent Employees at labor management committee meetings and in contract negotiations. During negotiations, EEA negotiation team members may meet during work hours to discuss issues with appropriate notice given to directors, managers and supervisors. The EEA team shall not exceed eight (8) Employees. ARTICLE 30. STANDBY PAY Standby pay is defined as compensation for Employees who must be immediately available to respond while off duty. All Employees assigned standby duty shall be compensated at a rate of two (2) hours per day of the Employee’s regular rate of pay. While on Stand-By Pay, employees are expected to be ready and able to report to work as soon as possible, but no later than within two (2) hours of being notified to report to work (i.e., remain sober, local, and ready to work).In the event an employee receiving Stand-By Pay is called into work, within twenty (20) minutes of being called or receiving communication, such employee shall confirm that they will be responding as expected. Should the employee miss the first communication, such an employee shall respond within twenty (20) minutes confirming they will report to work. In the event such an employee fails to respond to the communication or fails to respond within twenty minutes of receiving the communication, such employee shall not receive Stand-by Pay and may be subject to disciplinary action. Standby pay shall not be substituted with Compensatory Time Off. ARTICLE 31. CALL BACK PAY A. Any time an Employee on off-duty status (including stand-by duty) is called back to work, he/she shall be credited with a minimum of two (2) hours’ pay at the rate of one and one-half (1-and-1/2) times his/her regular hourly rate. Page 250 of 403 28 B. A “call back: occurs when an employee is required to perform actual work, whether physically on site or via computer, phone, email, or other electronic/remote method that requires an employee to engage in some form or work. C. Examples: a. Not subject to call back pay: • An ancillary phone call or e-mail resulting in a insignificant impact on the employee is not considered a “call back” to work. An employee who answers a phone call or e-mail regarding the location of a misplaced file or merely transcribing work to be performed during normal business hours would not be considered a “call back” to work. b. Subject to call back pay: • A Traffic employee on call, who responds to an alert of any inoperable traffic light must troubleshoot the issue remotely from home is “called back to work” even if the issue only took five (5) minutes to resolve. D. With the approval of the Department Director and, subject to departmental guidelines, the Employee may choose to substitute Compensatory Time Off for Call Back Pay. ARTICLE 32. LABOR MANAGEMENT COMMITTEE A Labor-Management Committee consisting of four (4) Employees appointed by the EEA and four (4) employees appointed by the City shall meet on a quarterly basis unless the EEA and the City, due to the existence of regular communications outside of Labor management meetings mutually agree on all alternative approach. The Committee will only deal with group issues that are not dealt with through other existing committees or grievance procedures. The EEA will send its agenda items to the Human Resources Director at least one (1) week prior to the date of the quarterly meeting. City policy changes will be presented at quarterly Committee meetings. Emergency policy changes will be immediately forwarded to the EEA for distribution. ARTICLE 33. EXCLUSIVENESS OF CONTRACT The City and the EEA agree that the terms and conditions herein contained constitute the Page 251 of 403 29 entire Contract between the Parties. The City and the EEA agree that all negotiable items have been discussed during the negotiations leading to this Contract and, therefore, agree that negotiations will not be reopened on any item during the term of this Contract, except by mutual agreement of the Parties. Article 34 – Seniority & Shift Schedules The below only applies to those work groups who bid as a part of their schedule planning and have incorporated a bidding process as a regular practice. Nothing in this Article shall compel the City to utilize a bidding process. Additionally, nothing in this Article shall infringe upon the City’s exclusive right under the Charter and this Agreement to direct, supervise, hire, promote, transfer, assign, schedule, retain or lay- off employees. A. The City shall consider work group seniority as a factor in establishing or changing shift schedules or bidding for shift assignments, when it is necessary to set times or schedules where earned vacation may be taken, or when employees are needed to fill emergency standby /on call lists. B. Definitions 1. Work group seniority shall first be determined by classification /rank. 2. Work group seniority within the same classification / rank is determined by length of service in the work group. 3. City-wide seniority shall begin on the day the individual begins work as a regular employee. City-wide seniority shall accrue regardless of department and shall accrue without interruption. 4. Employees who transfer into different work groups forfeit their work group seniority, providing their departure is for greater than six (6) months. Should an employee return to a work group in less than six (6) months, she/he will retain any seniority accrued prior to having left but will not be given credit for the period of time worked outside the work group. 5. Seniority will not be accrued during any unpaid leave of greater than ninety (90) days; however, for a member on approved unpaid FMLA / HFWA leave City wide and work group seniority will accrue just as if the employee were on paid sick leave. 6. If a vacancy occurs in an established shift bid the next in seniority has first right to the open shift. If the vacancy is not filled by the next in seniority it will be filled by a new hire who does not currently have a bid shift. Page 252 of 403 30 7. Shift bidding may occur quarterly, bi-annual or annually based on work group needs determined by the work group manager / supervisor. 8. Department Director in emergency situations has the right to change bid shift schedule with no less than seven (7) days’ notice, when practicable. New emergency shifts shall not exceed sixty (60) days. Once the emergency is over, the shift bid will continue to the original schedule. If the emergency schedule will exceed sixty (60) days a new schedule will be developed and bid by employees in accordance with this section and implemented as a new regular schedule to commence after the sixty (60) days. The City of Englewood, through its authorized representative whose signature appears below, accepts the terms and conditions of this Collective Bargaining Agreement for the period January 1, 2025 through December 31, 2026. THE CITY OF ENGLEWOOD, COLORADO By: Signature Date Printed Name Title The Englewood Employees Association, through its authorized representative whose signature appears below, accepts the terms and conditions of this Collective Bargaining Agreement for the period January 1, 2025 through December 31, 2026. ENGLEWOOD EMPLOYEES ASSOCIATION By: Signature Date Printed Name Title Page 253 of 403 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Tim Dodd DEPARTMENT: City Manager's Office DATE: August 5, 2024 SUBJECT: Ordinance to set new development impact fees DESCRIPTION: Ordinance to set updated development impact fees RECOMMENDATION: Staff recommends that Council consider approval of an ordinance to set development impact fees. 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) Study Session- Impact Fees (November 6, 2023)- Scheduled Study Session- Impact Fees (January 8, 2024) Study Session- Impact Fees (April 22, 2024) 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. Staff developed the attached ordinance for Council review based on feedback and direction received by Council at the Study Session discussion on April 22, 2024. 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 Page 254 of 403 whether the local government is required to make up the difference caused by the waiving of fees. 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 Population Projections & New Development 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: City wide Methodologies: Consumption-based for vehicles and cost-recovery for station expansion10-year demand: $66,000 in revenue for future police vehicles and $1.57 million in cost recovery revenue for the police station Page 255 of 403 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: City wide Methodology: Consumption-based for park improvements without an assumed land component10-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: City wide Methodologies: Plan-based for trails, complete streets, and pedestrian/ bike improvements10-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 ORDINANCE FEE SUMMARIES Based on the above analysis, staff developed an ordinance with the proposed fees: Page 256 of 403 Residential Development Development Type Parks and Recreation Police Multi-Modal Transportation Total Single Family $1,110 $807 $1,882 $3,798 Multi-Family $701 $509 $906 $2,116 Non-Residential Development Development Type Parks and Recreation Police Multi-Modal Transportation Total Industrial $0 $286 $803 $1,089 Commercial $0 $1,469 $4,130 $5,599 Office/ Services $0 $652 $1,834 $2,486 Per the ordinance, Council may revise initial fees by an official action, including by motion, resolution, or ordinance. COUNCIL ACTION REQUESTED: Staff recommends approval of an ordinance to set development impact fees. 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 part of the City's development review information available to the public. ATTACHMENTS: CB #20- Authorizing development impact fees EMC 4-9-1 Development Impact Fee Presentation (Study Session) Development Impact Fee Report Presentation- Development Impact Fees (Ordinance) Page 257 of 403 1 ORDINANCE COUNCIL BILL NO. 20 NO. _____________ INTRODUCED BY COUNCIL SERIES OF 2024 MEMBER NUNNENKAMP AN ORDINANCE AMENDING ENGLEWOOD MUNICIPAL CODE TO CREATE TITLE 4 CHAPTER 9 CONCERNING DEVELOPMENT IMPACT FEES WHEREAS, development impact fees are a one-time payment imposed on developments that must be used solely to fund growth-related capital projects affected by the increased demand on City facilities and services; and WHEREAS, C.R.S. § 29-20-104.5 authorizes the collecting of development impact fees for new capital facilities needed to serve new development; and WHEREAS, C.R.S. § 29-20-104.5 provides that development impact fees must be legislatively adopted generally applicable to a broad class of property and no greater than necessary to defray impacts on capital facilities caused by development; and WHEREAS, the City commissioned TischlerBise to conduct a comprehensive study of development impact fees and to determine the appropriate fees needed to fund capital expenditures within the City; and WHEREAS, TischlerBise issued an Impact Fee Study report dated October 10, 2023, which set forth reasonable methodologies and analyses for determining the amount of the development impact fees that should be imposed (hereafter “the TischlerBise study”, which is incorporated by reference as if fully set forth herein); and WHEREAS, the TischlerBise study identified the need to increase the development impact fees that the City currently charges; and WHEREAS, proposed and projected development within the City necessitates increased capacity for the City’s Police, Parks and Recreation, and other public services; and WHEREAS, there is both a rational nexus and rough proportionality between development impact fees established by this Ordinance and the impacts created by new development within the City, as established by the TischlerBise study and as presented to City Council on November 6, 2023, December 11, 2023, January 8, 2024, and April 22, 2024, the materials and video presentations from which are incorporated by reference; and WHEREAS, it is in the best interests of the City to establish the amount of development impact fees on new developments and redevelopment of existing development for the expansion of public services, to ensure that new development and redevelopment bears the cost of required service expansion attributable to it. Page 258 of 403 2 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. Declaration of policy. It is hereby declared to be the policy of the City of Englewood that development impact fees shall be required wherever new development or redevelopment causes a need for the capital expansion of public services. It is the purpose of this Ordinance to require the payment of development impact fees whenever new developments are constructed or existing developments are converted to a more intensive use, to compensate the City for services necessitated by the development. Municipal Code provisions created herein shall be interpreted and applied pursuant to this declaration of policy. Section 2. Amendment of Title 4. Title 4, Chapter 9, Section 1 to the Englewood Municipal Code is hereby created to read as follows (new provisions underlined): CHAPTER 9 – DEVELOPMENT IMPACT FEES 4-9-1 Development Impact Fees. A. No building permit shall be issued for a Single Family, Multi-Family, Industrial, Commercial, or Office/Services Development or Redevelopment for new construction, additions to an existing non-residential Development, an increased number of Dwelling Unit(s), or Change of Use from one development type to another prior to payment of the following development impact fees to fund capital improvements identified in the City’s capital improvement plan: 1. Police services; 2. Parks and recreation services; and 3. Multimodal transportation improvements. B. Regulations. 1. No certificate of occupancy shall be issued until all development impact fees are paid. 2. No credit or refund shall be given for paid development impact fees. 3. City Council shall establish the amount of development impact fees to ensure a rational nexus and rough proportionality between the fee and the development type’s impacts, except the City Manager’s designee may waive or reduce fees for affordable housing projects. C. Definitions. Page 259 of 403 3 1. Commercial: Establishments primarily selling merchandise, eating/drinking places, and entertainment uses, including shopping centers, supermarkets, pharmacies, restaurants, bars, nightclubs, automobile dealerships, movie theaters, and hotels. 2. Industrial: Establishments primarily engaged in the production, transportation, or storage of goods, including manufacturing plants, distribution warehouses, trucking companies, utility substations, power generation facilities, and telecommunications buildings. 3. Multi-Family: A structure or Development containing two or more Dwelling Units, including duplexes, apartments. 4. Office/Services: Establishments providing management, administrative, professional, or business services, including banks, business offices, medical offices, and veterinarian clinics. 5. Single-Family: A single Dwelling Unit either detached from any other Dwelling Unit with open space on all sides, or attached to another Dwelling Unit(s) with one or more dividing or common walls extending from ground to roof separating it from adjoining structures, including a townhouse, row house. 6. Other terms shall have the same meaning as defined elsewhere in this Code, including in Title 16 Unified Development Code. D. Administration. 1. The entire City may be considered to be a single service area for purposes of calculating, collecting, and expenditure of development impact fees. 2. Development impact fees shall be used only to expand, improve, or construct capital improvements, facilities, or equipment with an expected service life of five (5) years or longer. Such fees shall not fund routine maintenance or replacement of existing equipment or facilities, or personnel. 3. The City shall maintain a development impact fee account for each category of fee imposed, to separately track funds into and out of each account. 4. The City Manager’s designee may adopt regulations to interpret or implement this section. Section 3. Fee Amount Established The development impact fees created by this Ordinance shall be included in the City of Englewood Comprehensive Schedule of Fees and Rates and shall initially be set as follows: Residential Development Fees per Unit Development Type Parks and Police Multimodal Total Page 260 of 403 4 Recreation Transportation Single Family $777 $31.88 $1317.40 $2126.28 Multi-Family $490.70 $20.12 $634.20 $1145.02 Nonresidential Development Fees per 1,000 Square Feet Development Type Parks Police Multimodal Transportation Total Industrial $0 $9.11 $562.10 $571.21 Commercial $0 $46.76 $2891 $2937.76 Office/Services $0 $20.92 $1283.80 $1304.72 City Council may revise these initial fees by any official action, including by motion, resolution, or ordinance. Section 4. 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 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. Page 261 of 403 5 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. Introduced and passed on first reading on the 17th day of June, 2024; and on second reading, in identical form to the first reading, on the ___ day of ____________, 2024. Othoniel Sierra, Mayor ATTEST: _________________________________ Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of an Ordinance, introduced and passed in identical form on first and second reading on the dates indicated above; and published two days after each passage on the City’s official website for at least thirty (30) days thereafter. The Ordinance shall become effective thirty (30) days after first publication on the City’s official website. Stephanie Carlile Page 262 of 403 City of Edmond Development Impact Fees Presentation to City Council April 22, 2024 Pa g e 2 6 3 o f 4 0 3 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 Pa g e 2 6 4 o f 4 0 3 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 Pa g e 2 6 5 o f 4 0 3 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 Pa g e 2 6 6 o f 4 0 3 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) Pa g e 2 6 7 o f 4 0 3 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 Pa g e 2 6 8 o f 4 0 3 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 Pa g e 2 6 9 o f 4 0 3 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 Pa g e 2 7 0 o f 4 0 3 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 Pa g e 2 7 1 o f 4 0 3 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 Pa g e 2 7 2 o f 4 0 3 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 Pa g e 2 7 3 o f 4 0 3 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 Pa g e 2 7 4 o f 4 0 3 13 5-Year Improvement Plan Since we don’t have traffic modelling to assignment 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 Pa g e 2 7 5 o f 4 0 3 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 Pa g e 2 7 6 o f 4 0 3 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 Pa g e 2 7 7 o f 4 0 3 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 Pa g e 2 7 8 o f 4 0 3 Impact Fee Study Prepared for: Englewood, Colorado October 10, 2023 4701 Sangamore Road Suite S240 Bethesda, MD 301.320.6900 www.TischlerBise.com Page 279 of 403 Development Impact Fee Study Englewood, Colorado [PAGE INTENTIONALLY LEFT BLANK] Page 280 of 403 Development Impact Fee Study Englewood, Colorado i 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 Page 281 of 403 Development Impact Fee Study Englewood, Colorado ii 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 Page 282 of 403 Development Impact Fee Study Englewood, Colorado 1 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 Page 283 of 403 Development Impact Fee Study Englewood, Colorado 2 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. Page 284 of 403 Development Impact Fee Study Englewood, Colorado 3 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. Page 285 of 403 Development Impact Fee Study Englewood, Colorado 4 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 Page 286 of 403 Development Impact Fee Study Englewood, Colorado 5 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). Page 287 of 403 Development Impact Fee Study Englewood, Colorado 6 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 Page 288 of 403 Development Impact Fee Study Englewood, Colorado 7 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. Page 289 of 403 Development Impact Fee Study Englewood, Colorado 8 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 Page 290 of 403 Development Impact Fee Study Englewood, Colorado 9 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: Page 291 of 403 Development Impact Fee Study Englewood, Colorado 10 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 Page 292 of 403 Development Impact Fee Study Englewood, Colorado 11 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 Page 293 of 403 Development Impact Fee Study Englewood, Colorado 12 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 Page 294 of 403 Development Impact Fee Study Englewood, Colorado 13 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 Page 295 of 403 Development Impact Fee Study Englewood, Colorado 14 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 Page 296 of 403 Development Impact Fee Study Englewood, Colorado 15 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 Page 297 of 403 Development Impact Fee Study Englewood, Colorado 16 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 Page 298 of 403 Development Impact Fee Study Englewood, Colorado 17 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 Page 299 of 403 Development Impact Fee Study Englewood, Colorado 18 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 Page 300 of 403 Development Impact Fee Study Englewood, Colorado 19 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. Page 301 of 403 Development Impact Fee Study Englewood, Colorado 20 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. Page 302 of 403 Development Impact Fee Study Englewood, Colorado 21 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. Page 303 of 403 Development Impact Fee Study Englewood, Colorado 22 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 Page 304 of 403 Development Impact Fee Study Englewood, Colorado 23 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 Page 305 of 403 Development Impact Fee Study Englewood, Colorado 24 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 De v e l o p m e n t Av g W e e k d a y P e r s o n T r i p s Page 306 of 403 Development Impact Fee Study Englewood, Colorado 25 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 Page 307 of 403 Development Impact Fee Study Englewood, Colorado 26 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 Page 308 of 403 Development Impact Fee Study Englewood, Colorado 27 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 Page 309 of 403 Development Impact Fee Study Englewood, Colorado 28 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 Page 310 of 403 Development Impact Fee Study Englewood, Colorado 29 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. Page 311 of 403 Development Impact Fee Study Englewood, Colorado 30 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). Page 312 of 403 Development Impact Fee Study Englewood, Colorado 31 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 Page 313 of 403 Development Impact Fee Study Englewood, Colorado 32 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 Page 314 of 403 Development Impact Fee Study Englewood, Colorado 33 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 Page 315 of 403 Development Impact Fee Study Englewood, Colorado 34 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 Page 316 of 403 Development Impact Fee Study Englewood, Colorado 35 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 Pa g e 3 1 7 o f 4 0 3 Development Impact Fee Study Englewood, Colorado 36 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. Page 318 of 403 Development Impact Fee Study Englewood, Colorado 37 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 319 of 403 Development Impact Fees Tim Dodd, Deputy City Manager Brad Anderson, Deputy Director of Parks, Recreation, Library and Golf Pa g e 3 2 0 o f 4 0 3 Enabling Legislation and Requirements •One-time payments imposed on new development that must be used only 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 a 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 Pa g e 3 2 1 o f 4 0 3 Impact Fee Requirements 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 •Provide a benefit to fee payers related to geographic service areas and accounting and expenditure controlsPa g e 3 2 2 o f 4 0 3 Ordinance Proposed Fees Residential Development Development Type Parks and Recreation Police Multi-Modal Transportation Total Single Family $1,110 $807 $1,882 $3,795 Multi-Family $701 $509 $906 $2,116 Development Type Parks and Recreation Police Multi-Modal Transportation Total Industrial $0 $286 $803 $1,089 Commercial $0 $1,469 $4,130 $5,599 Office/ Services $0 $625 $1,834 $2,486 Non-Residential Development Pa g e 3 2 3 o f 4 0 3 Questions? Pa g e 3 2 4 o f 4 0 3 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Tamara Niles DEPARTMENT: City Attorney's Office DATE: August 5, 2024 SUBJECT: CB-25 An ordinance submitting a November ballot question removing the GO Bond voting restrictions in Charter, to allow voters to consider bond issues under TABOR DESCRIPTION: Charter and TABOR read together limits GO Bond ballot questions to a degree that a citizen- initiated charter amendment can inadvertently prohibit voters from also considering a ballot question to raise funds to improve City parks. This ballot question eliminates the conflict between TABOR and Charter, to ensure citizens can vote on bond issues. RECOMMENDATION: Consider a Council Bill requested by Mayor Pro Tem Anderson setting a charter amendment ballot question SUMMARY: Section 14 of the Englewood Home Rule Charter requires General Obligation Bond (hereafter “GO Bond”) elections to be held as a special election, separate and apart from all other elections and limited to the only question on the ballot. Approximately 30 years after this provision was adopted, the Taxpayer Bill of Rights (TABOR) was adopted in Colorado Constitution Article X, Section 20 that only allows such Englewood GO Bond elections to be held during state general elections or on the first Tuesday in November of odd-numbered years. To comply with both City of Englewood Home Rule Charter and TABOR, the citizens of the City of Englewood can only consider and vote on GO Bond issues (1) in November of even-numbered years to coincide with state general elections to comply with TABOR, and (2) only if no other City of Englewood questions are on the ballot to comply with Charter. For several years, City of Englewood staff has studied the potential for a GO Bond ballot question to repair and improve the City’s aging infrastructure. City Council is considering an Ordinance setting a ballot question for November 2024, to allow Englewood citizens to determine whether this bond should be issued to improve the City’s parks. Citizens are currently circulating two petitions to put two City of Englewood ballot questions on the November 2024 ballot: these questions are unrelated to City parks or bonds. If either petition has at least 1,110 valid signatures, then that question(s) will be on the November 2024 ballot, and the GO Bond cannot be on the ballot. This means that 1,110 signatures can eliminate the ability of Englewood voters to exercise their voice and consider a proposed GO Bond question to improve City parks, because the GO Bond question cannot be on a ballot with any other ballot question under Section 14 of Englewood Home Rule Charter. Page 325 of 403 TABOR—intended to give voters expanded rights over their own taxation—in conjunction with Section 14 of Englewood Home Rule Charter, when read together, may actually eliminate Englewood voters’ ability to consider GO Bond taxation decisions. Because TABOR now governs and protects citizens’ rights to make their taxation decisions, Section 14 of Englewood Home Rule Charter’s limitations on GO Bond elections is obsolete and should be removed to ensure citizens the ability to vote and consider taxation issues regarding GO Bonds. In an attempt to restore and guarantee a citizens’ voting right, Mayor Pro Tem Anderson requested the City Attorney’s Office prepare an ordinance that if the GO Bond question cannot be on the November 2024 ballot, then an alternative ballot question would remove Charter 14 and 104’s restrictions on General Obligation ballot question timing. If passed, the City could place GO Bond ballot questions whenever allowed under TABOR—in November—whether or not there are other City questions on the ballot. The ballot question as proposed in the ordinance is: Question: To correct a conflict between Englewood Home Rule Charter and the Colorado Constitution and thereby ensure citizens have the right to consider and vote on General Obligation (“GO”) Bonds within the City of Englewood, shall Sections 14 and 104 of the Englewood Home Rule Charter be amended to allow citizens to vote on GO Bond ballot questions whenever authorized by the Taxpayer Bill of Rights (TABOR), Colo. Const. Art. X, § 20? If presented to the voters and approved, Charter would be amended as follows: Section 14(3), Englewood Home Rule Charter: Subject, Limited. Elections held under provisions of Section 6,and Section 77 and Section 104 of this Charter shall be held separate and apart from all other elections and shall be limited to submission of only one proposition in any one election. Section 104, Englewood Home Rule Charter: Indebtedness and obligations of the City shall be incurred and limited as provided in Article XI of the Constitution of the State of Colorado applicable to towns and cities except as otherwise provided in this Charter. Council shall have power to issue general obligation bonds of the City for any public capital purpose, upon majority vote of the registered electors of the City voting thereon when authorized under Article X Section 20 of the Constitution of the State of Coloradoat a special election; provided, however, that water extension and water improvement bonds may be issued without an election upon determination to that effect by Council. The total outstanding general obligation indebtedness of the City, other than for water bonds, shall not at any time exceed three percent (3%) of the actual valuation of the taxable property within the City as shown by the last preceding assessment for tax purposes. Water bonds shall mature and be payable as provided by the ordinance authorizing the issuance of said bonds. COUNCIL ACTION REQUESTED: Consider a Council Bill requested by Mayor Pro Tem Anderson setting a charter amendment ballot question Page 326 of 403 FINANCIAL IMPLICATIONS: None anticipated ATTACHMENTS: Council Bill Powerpoint Page 327 of 403 Proposed Charter Amendment GO Bond election timing Presented By Tamara Niles, City Attorney Pa g e 3 2 8 o f 4 0 3 Background •Section 14 Englewood Home Rule Charter GO Bond •special election •separate and apart from other elections •limited to the only question on the ballot •TABOR,30 years later •Limits to state general election or the first Tuesday in November of odd-numbered years •To reconcile: •in November of even-numbered years to coincide with state general elections to comply with TABOR,and •only if no other City of Englewood questions are on the ballot to comply with Charter. Pa g e 3 2 9 o f 4 0 3 Background (cont’d) •City considers GO Bond for parks improvements •Potential for November 2024 ballot •If not,next eligible election is November 2026 •Citizen initiatives •Two petitions currently circulating for Charter amendments for November 2024 ballot •If either have at least 1,110 valid signatures,then citizens cannot consider GO bond to improve parks •Petitions due August 5 Pa g e 3 3 0 o f 4 0 3 Proposed Ordinance •IF a GO bond question is approved for November 2024 but cannot be on the ballot due to the citizen-initiated petitions, then an additional question to amend charter restrictions on GO bond elections •Eliminates conflict between Charter and Colorado Constitution that unintentionally limits/eliminates voters’ ability to consider GO Bonds •Instead,authorizes GO bond elections when allowed under TABOR (November elections) as proposed: Question:To correct a conflict between Englewood Home Rule Charter and the Colorado Constitution and thereby ensure citizens have the right to consider and vote on General Obligation (“GO”) Bonds within the City of Englewood, shall Sections 14 and 104 of the Englewood Home Rule Charter be amended to allow citizens to vote on GO Bond ballot questions whenever authorized by the Taxpayer Bill of Rights (TABOR), Colo. Const. Art. X, §20? Pa g e 3 3 1 o f 4 0 3 Questions? Pa g e 3 3 2 o f 4 0 3 1 ORDINANCE NO. _____ COUNCIL BILL NO. 25 SERIES OF 2024 INTRODUCED BY COUNCIL MEMBER ANDERSON AN ORDINANCE SUBMITTING TO THE REGISTERED ELECTORS OF THE CITY OF ENGLEWOOD A PROPOSED AMENDMENT TO THE CITY OF ENGLEWOOD HOME RULE CHARTER REGARDING GENERAL OBLIGATION BOND ELECTIONS; AND SETTING BALLOT TITLE THEREON WHEREAS, pursuant to Sections 8 and 14 of the City of Englewood Home Rule Charter (the “Charter”), proposed amendments to the Charter may be submitted to the electors by City Council on its own initiative at regular or special municipal elections in accordance with Article XX of the Colorado Constitution; and WHEREAS, Article XX, Section 5, of the Colorado Constitution recognizes the city council may, on its own initiative, submit any charter amendment at any general or special state or municipal election held not less than 30 days after the effective date of the ordinance or resolution submitting such question to the voters; and WHEREAS, pursuant to § 31-2-210(1)(b), C.R.S., proceedings to amend a home rule charter may be initiated by an ordinance adopted by the governing body submitting the proposed amendments to a vote of the registered electors of the municipality and such ordinance shall also adopt ballot titles for the proposed amendments; and WHEREAS, Section 14 of the Englewood Home Rule Charter requires General Obligation Bond (hereafter “GO Bond”) elections to be held as a special election, separate and apart from all other elections and limited to the only question on the ballot; and WHEREAS, approximately 30 years later, the Taxpayer Bill of Rights (TABOR) was adopted in Colorado Constitution Article X, Section 20 that only allows such Englewood GO Bond elections to be held during state general elections or on the first Tuesday in November of odd-numbered years; and WHEREAS, to comply with both City of Englewood Home Rule Charter and TABOR, the citizens of the City of Englewood can only consider and vote on GO Bond issues (1) in November of even-numbered years to coincide with state general elections, and (2) only if no other City of Englewood questions are on the ballot; and WHEREAS, TABOR—intended to give voters expanded rights over their own taxation—in conjunction with Section 14 of Englewood Home Rule Charter, when read together, may actually unintentionally eliminate Englewood voters’ ability to consider GO Bond taxation decisions; and Page 333 of 403 2 WHEREAS, because TABOR now governs and protects citizens’ rights to make their taxation decisions, Section 14 of Englewood Home Rule Charter’s limitations on GO Bond elections is obsolete and should be removed to ensure citizens the ability to vote on GO Bond issues. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. Should the issuance of a City of Englewood General Obligation bond not be on the City of Englewood November 5, 2024 election ballot, the following ballot question regarding a proposed amendment to the Charter shall be submitted to the registered electors of the City at the election held on Tuesday, November 5, 2024: Ballot Question No. ___ Charter Amendment Related to Restrictions on General Obligation Bond Elections To correct a conflict between Englewood Home Rule Charter and the Colorado Constitution and thereby ensure citizens have the right to consider and vote on General Obligation (“GO”) Bonds within the City of Englewood, shall Sections 14 and 104 of the Englewood Home Rule Charter be amended to allow citizens to consider and vote on GO Bond ballot questions whenever authorized by the Taxpayer Bill of Rights (TABOR), Colo. Const. Art. X, § 20? For the Measure ____ Against the Measure ____ Section 2. If the ballot question contained in Section 1 above is on the November 5, 2024 election ballot and approved by the Englewood voters, the Englewood Home Rule Charter would be amended as follows (new provisions underlined; deleted provisions struck through): Section 14(3), Englewood Home Rule Charter: Subject, Limited. Elections held under provisions of Section 6, and Section 77 and Section 104 of this Charter shall be held separate and apart from all other elections and shall be limited to submission of only one proposition in any one election. Section 104, Englewood Home Rule Charter: Indebtedness and obligations of the City shall be incurred and limited as provided in Article XI of the Constitution of the State of Colorado applicable to towns and cities except as otherwise provided in this Charter. Council shall have power to issue general obligation bonds of the City for any public capital purpose, upon majority vote of the registered electors of the City voting thereon when authorized under Article X Section 20 of the Constitution of the State of Colorado at a special election; provided, however, that water extension and water improvement bonds may be issued without an election upon determination to that effect by Council. The total outstanding general obligation indebtedness of the City, other than for water bonds, shall not at any time exceed three percent (3%) of the actual valuation of the taxable property within the City as shown by the last preceding assessment for tax Page 334 of 403 3 purposes. Water bonds shall mature and be payable as provided by the ordinance authorizing the issuance of said bonds. Section 3. The following general provisions and findings are applicable to the interpretation and application of this Ordinance: A. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or its application to other persons or circumstances. B. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. C. Effect of repeal or modification. The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. D. Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. This Safety Clause is not intended to affect a Citizen right to challenge this Ordinance through referendum pursuant to City of Englewood Charter 47. E. Publication. Publication of this Ordinance may be in the City’s official newspaper, the City’s official website, or both. Publication shall be effective upon the first publication by either authorized method. 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. Page 335 of 403 4 Introduced and passed on first reading on the 22nd day of July, 2024; and on second reading, in identical form to the first reading, on the ___ day of ____________, 2024. Othoniel Sierra, Mayor ATTEST: _________________________________ Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of an Ordinance, introduced and passed in identical form on first and second reading on the dates indicated above; and published two days after each passage on the City’s official website for at least thirty (30) days thereafter. The Ordinance shall become effective thirty (30) days after first publication on the City’s official website. Stephanie Carlile Page 336 of 403 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Sergio Renteria, Stephanie Carlile DEPARTMENT: City Attorney's Office, City Clerk's Office DATE: August 5, 2024 SUBJECT: CB-26 An ordinance submitting a November ballot question regarding ranked choice voting for Englewood's elected officials DESCRIPTION: The proposed ballot question would institute ranked-choice voting for Englewood elected officials, to eliminate need for a runoff election should no candidate receive a majority of votes RECOMMENDATION: Consider a Council Bill requested by Mayor Pro Tem Anderson setting a charter amendment ballot question SUMMARY: Two citizen-initiative petitions are currently circulating within the City of Englewood, one of which calls for the direct election of the Englewood Mayor. (Currently, the Mayor is elected as a Council Member and appointed by the Council.) If either petition is sufficient to place a ballot question on the November ballot, then the City's proposed General Obligation bond for parks improvements cannot be on the ballot pursuant to Englewood Home Rule Charter Sections 14 and 104. If that occurs, the City Attorney's Office was asked to draft a council bill submitting an additional question to Englewood voters to implement ranked-choice voting. Aranked-choice voting system is also known as an instant runoff system, as it eliminates the need for the City to hold an expensive runoff election when no candidate received a majority of votes. In elections with three or more candidates for the same office, ranked-choice voting allows voters to rank candidates for each elective municipal office by preference on their ballots, and if a candidate receives a majority of first-preference votes, they are the winner, but if no candidate wins a majority of first-preference votes, the candidate with the fewest first-preference votes is eliminated and those votes are awarded to the second-ranked choice candidate. Colorado law provides for the procedure used by cities adopting a ranked-choice voting system in 8 Colo. Code Regs. § 1505-1:26, and if Englewood voters approved ranked-choice voting for Englewood elective municipal offices in the November 2024 election, the City of Englewood would follow the ranked-choice voting system established by 8 Colo. Code Regs. § 1505-1:26 starting in the November 2025 election. The ballot question as proposed in the ordinance is: Shall Article II, Section 16 of the Englewood Home Rule Charter be amended to provide ranked choice (instant runoff) voting for every elective municipal office with three or more candidates? Page 337 of 403 If presented to the voters and approved, Charter would be amended as follows: 16: Ranked Choice Voting. If three or more candidates have qualified for the ballot for any elective municipal office, then the election shall be conducted by ranked choice (instant runoff) voting. ANALYSIS: At the July 22 Regular City Council meeting, Council directed staff to get more information regarding rank choice voting. City Clerk Stephanie Carlile contacted Arapahoe County Director of Elections Bill Mast to get input as most City of Englewood elections are coordinated with Arapahoe County. Director Mast indicated that the City of Englewood would be the first jurisdiction to implement rank choice voting in Arapahoe County if the proposed charter amendment was passed by voters in November. Arapahoe County has the technology and capacity to implement RCV (rank choice voting) but there would likely be additional fees that could potentially be passed on to the City including software licensing ($12,500+) and potential programming fees (up to $20,000). The City would also be required to partner with Arapahoe County on an education/community outreach campaign ($10,000-$15,000) to explain what it is, why it is being implemented, and how that impacts or affects voters. When possible, the County does not pass on additional fees to coordinating jurisdictions but that is not something that he could guarantee at this time. As always, cost estimates would be provided in advance with the Intergovernmental Agreement. Other jurisdictions that have adopted rank choice voting (RCV): Boulder had a citizens initiative approve RCV in 2020 for Mayor position only, first election with RCV in 2023. Additional expenses to implement were over $125,000. City of Boulder reported it was very successful, however, a very heavy lift and a lot of time was needed to plan, prepare, educate, and execute. Boulder City Clerk's and County Clerk's offices were thankful they had 3 years to prepare. https://bouldercolorado.gov/guide/ranked-choice-voting-guide Fort Collins voted in favor of RCV in 2022 but it will not take effect until November of 2025. Telluride voted in favor of RCV through a citizens initiative which required RCV for 12 years. The town of Telluride did not continue RCV in 2023 once the citizens initiative requirements were expired. City and County of Broomfield voted in favor of RCV in 2021,there has not been an election using RCV to date. We were not able to obtain additional information. https://broomfield.org/4015/Ranked-Choice-Voting City of Aspen no longer participates in RCV, we were not able to obtain additional information. Town of Carbondale approved RCV but to date has never had an election with RCV. Town of Basalt's municipal election in 2020 was the first time the town implemented instant runoff voting (IRV) since it's adoption into the charter in 2002 https://www.basalt.net/DocumentCenter/View/4071/Ranked-Choice-and-IRV-Mailer--- April-2020 we were unable to get additional information. COUNCIL ACTION REQUESTED: Consider a Council Bill requested by Mayor Pro Tem Anderson setting a charter amendment ballot question FINANCIAL IMPLICATIONS: Page 338 of 403 Potential fees for rank choice voting which may or may not be covered by Arapahoe County: -Required Education/Community Outreach through Arapahoe County $10,000 - $15,000 - Additional licensing fees $12,500+ - Additional programming fees up to $20,000 ATTACHMENTS: Council Bill 26 Powerpoint Page 339 of 403 Proposed Charter Amendment Ranked Choice Voting Presented By Tamara Niles, City Attorney Pa g e 3 4 0 o f 4 0 3 Background •City considers GO Bond for parks improvements •Potential for November 2024 ballot •If not,next eligible election is November 2026 •Citizen initiatives •Two petitions currently circulating for Charter amendments for November 2024 ballot •If either have at least 1,110 valid signatures,then citizens cannot consider GO bond to improve parks •Petitions due August 5 •One Citizen initiative proposes the direct election of Mayor •Potential for large number of candidates,none with a majority vote Pa g e 3 4 1 o f 4 0 3 Background •Ranked-choice voting system, or instant runoff system, applies to: •Elections with three or more candidates for the same office •Voters rank candidates for each office by preference •If no candidate receives majority of first-preference votes, candidate with fewest first-preference votes is eliminated and those votes are awarded to the voter’s second-ranked choice candidate Pa g e 3 4 2 o f 4 0 3 Proposed Ordinance •IF a GO bond question is not on the ballot due to the citizen-initiated petitions, then an additional question to amend charter to insert ranked choice voting under 8 Colo. Code Regs. §1505-1:26 •Question:Shall Section 16 of the Englewood Home Rule Charter be amended to provide ranked choice (instant runoff) voting for every elective municipal office with three or more candidates? Pa g e 3 4 3 o f 4 0 3 Questions? Pa g e 3 4 4 o f 4 0 3 Background •In 2021 the State passed House Bill 21-1071 •Allowing a municipality to refer elections using instant runoff voting to be conducted as part of the coordinated election •Required the Secretary of State to promulgate rules for instant runoff voting Pa g e 3 4 5 o f 4 0 3 C.R.S. •C.R.S. 1-7-116: allows a municipal election using instant runoff voting to be conducted as part of a coordinated election •C.R.S. 1-7-118: written notice to the County Clerk conducting the election at least one hundred days before the election, and pay reasonable costs associated with the use of instant runoff voting •C.R.S. 1-7-1003: In an election conducted using a ranked voting method, an explanation of ranked voting and instructions for electors in the form approved by the secretary of state by rule shall be posted at each polling location and included with each mail ballot, and voter education campaign shall be conducted Pa g e 3 4 6 o f 4 0 3 Colorado Secretary of State Issued Rules •Election Rules 8 CCR 1501-1 •Rule 26 •26.1 A local government may only conduct a ranked voting election if there are three or more candidates who have qualified for the ballot for that contest, or when there is a combination of at least two candidates who have qualified for the ballot for that contest plus at least one qualified write-in candidate •26.2 A local government conducting a ranked voting election that is coordinating with the county clerk must give notice to the county clerk no later than 100 days before the election. If the county’s voting system is not capable of conducting a ranked voting election, the county clerk is not required to coordinate. Pa g e 3 4 7 o f 4 0 3 Colorado Secretary of State Issued Rules •26.3. The designated election official of a jurisdiction that will conduct an election using a ranked voting method must provide voter instructions. •26.3.1. The voter instructions must include, at a minimum: A brief explanation of ranked voting; Instructions on how to properly mark a ballot; A description of how ballots will be counted; An example of a properly marked paper ballot; For instructions that will be posted at a polling location, an example of how to properly vote an in-person ballot; and contact information for the designated election official of the election. •26.3.2 In a coordinated election, the county clerk must include the instructions in the county’s election plan. Pa g e 3 4 8 o f 4 0 3 Colorado Secretary of State Issued Rules •26.5 Tabulation of instant run off elections Over 50 percent no further rounds No candidate over 50 percent additional rounds Tie in votes to be determined by lot •26.7.1 An overvote invalidates the overvoted rankings and all lower rankings marked for that contest on the ballot. •26.7.3 A candidate who receives a duplicate ranking on a single ballot is credited with the highest ranking marked by the voter. All other rankings for that candidate must be ignored. •26.8 Reporting results of a ranked voting election Pa g e 3 4 9 o f 4 0 3 Arapahoe County Input •If approved, the City of Englewood would be the first jurisdiction in Arapahoe County to conduct elections with Rank Choice Voting •Arapahoe County has the technology in place for Rank Choice Voting •Potential costs associated with Rank Choice Voting: •Software licensing fees (2 years ago licensing fees were $12,500) •Programming fees (not to exceed $20,000) •Robust Community Outreach/Education ($10,000 - $15,000) •Cost estimates would be provided in advance Pa g e 3 5 0 o f 4 0 3 Towns/Cities with Rank Choice Voting •City of Boulder – 1st election with RCV in 2023 •City of Fort Collins – 1st election with RCV will not be until 2025 •Town of Telluride – RCV through a citizen initiative for 12 years, no longer conducting RCV •City and County of Broomfield – RCV approved in 2021, no elections using RCV to date •City of Aspen no longer participates in RCV •Town of Carbondale – approved RCV, no elections using RCV to date •Town of Basalt – approved in 2002, 1 st election with RCV in 2020 Pa g e 3 5 1 o f 4 0 3 Questions? Pa g e 3 5 2 o f 4 0 3 1 ORDINANCE NO. _____ COUNCIL BILL NO. 26 SERIES OF 2024 INTRODUCED BY COUNCIL MEMBER ANDERSON AN ORDINANCE SUBMITTING TO THE REGISTERED ELECTORS OF THE CITY OF ENGLEWOOD A PROPOSED AMENDMENT TO THE CITY OF ENGLEWOOD HOME RULE CHARTER REGARDING RANKED CHOICE VOTING; AND SETTING BALLOT TITLE THEREON WHEREAS, pursuant to Sections 8 and 14 of the City of Englewood Home Rule Charter (the “Charter”), proposed amendments to the Charter may be submitted to the electors by City Council on its own initiative at regular or special municipal elections in accordance with Article XX of the Colorado Constitution; and WHEREAS, Article XX, Section 5, of the Colorado Constitution recognizes the city council may, on its own initiative, submit any charter amendment at any general or special state or municipal election held not less than 30 days after the effective date of the ordinance or resolution submitting such question to the voters; and WHEREAS, pursuant to § 31-2-210(1)(b), C.R.S., proceedings to amend a home rule charter may be initiated by an ordinance adopted by the governing body submitting the proposed amendments to a vote of the registered electors of the municipality and such ordinance shall also adopt ballot titles for the proposed amendments; and WHEREAS, in elections with three or more candidates for the same office, ranked- choice voting allows voters to rank candidates for each elective municipal office by preference on their ballots, and if a candidate receives a majority of first-preference votes, they are the winner, but if no candidate wins a majority of first-preference votes, the candidate with the fewest first-preference votes is eliminated and those votes are awarded to the second-ranked choice candidate; and WHEREAS, Colorado law provides for the procedure used by cities adopting a ranked- choice voting system in 8 Colo. Code Regs. § 1505-1:26; and WHEREAS, if Englewood voters approved ranked-choice voting for Englewood elective municipal offices in the November 2024 election, the City of Englewood would follow the ranked-choice voting system established by 8 Colo. Code Regs. § 1505-1:26 starting in the November 2025 election. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. Should the issuance of a City of Englewood General Obligation bond not be on the City of Englewood November 5, 2024 election ballot, the following ballot question regarding a proposed amendment to the Charter shall be submitted to the registered electors of the City at the election held on Tuesday, November 5, 2024: Page 353 of 403 2 Ballot Question No. ___ Charter Amendment Implementing Ranked Choice Voting for Elected Municipal Office Shall Section 16 of the Englewood Home Rule Charter be amended to provide ranked choice (instant runoff) voting for every elective municipal office with three or more candidates? For the Measure ____ Against the Measure ____ Section 2. If the ballot question contained in Section 1 above is on the November 5, 2024 election ballot and approved by the Englewood voters, the Englewood Home Rule Charter will be amended as follows (new provisions underlined; deleted provisions struck through): 16: Ranked Choice Voting. If three or more candidates have qualified for the ballot for any elective municipal office, then the election shall be conducted by ranked choice (instant runoff) voting. Section 3. The following general provisions and findings are applicable to the interpretation and application of this Ordinance: A. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or its application to other persons or circumstances. B. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. C. Effect of repeal or modification. The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. D. Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. This Safety Clause is not intended to affect a Citizen right to challenge this Ordinance through referendum pursuant to City of Englewood Charter 47. Page 354 of 403 3 E. Publication. Publication of this Ordinance may be in the City’s official newspaper, the City’s official website, or both. Publication shall be effective upon the first publication by either authorized method. F. Actions Authorized to Effectuate this Ordinance. The Mayor is hereby authorized and directed to execute all documents necessary to effectuate the approval authorized by this Ordinance, and the City Clerk is hereby authorized and directed to attest to such execution by the Mayor where necessary. In the absence of the Mayor, the Mayor Pro Tem is hereby authorized to execute the above-referenced documents. The execution of any documents by said officials shall be conclusive evidence of the approval by the City of such documents in accordance with the terms thereof and this Ordinance. City staff is further authorized to take additional actions as may be necessary to implement the provisions of this Ordinance. Introduced and passed on first reading on the 22nd day of July, 2024; and on second reading, in identical form to the first reading, on the ___ day of ____________, 2024. Othoniel Sierra, Mayor ATTEST: _________________________________ Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of an Ordinance, introduced and passed in identical form on first and second reading on the dates indicated above; and published two days after each passage on the City’s official website for at least thirty (30) days thereafter. The Ordinance shall become effective thirty (30) days after first publication on the City’s official website. Stephanie Carlile Page 355 of 403 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Brad Anderson, Christina Underhill DEPARTMENT: Parks, Recreation & Library DATE: August 5, 2024 SUBJECT: CB-30 November Election: Calling Special Election, Authorizing Agreement, and setting Parks Bond Ballot Question for November Election DESCRIPTION: An ordinance calling a special election, authorizing an agreement to run the coordinated election, and placing a Parks General Obligation Bond on the November 2024 ballot RECOMMENDATION: Staff recommends that Council consider approving an ordinance calling a special election to coincide with the State general election in November; authorizing an agreement with Arapahoe County to run the coordinated election; and placing a Parks and Recreation General Obligation Bond question on the November 2024 ballot. PREVIOUS COUNCIL ACTION: Past bond issues include a bond in 2001 for $5,810,00 and one in 2002 for $6,990,00. Both issues were refinanced in 2010 and financed through property taxes. The ordinance stated that the bond funds would be expended on improved Malley and Recreation Centers, the Aquatic Center (Pirates Cove) construction, and Park improvements. The bonds were paid off on December 1, 2023. The Parks and Recreation Bond proposal was initially presented at the Council Study Session on April 24, 2023. Magellan Strategies presented Parks and Recreation Bond Measure survey findings at the Council Study Session on June 20, 2023. The Parks and Recreation Bond proposal was presented with an update on projects at the March 4, 2024, Council Study Session. Parks and Recreation staff presented City Council with the need for the bond with direction requested for the projects and GO Bond dollar amount on June 3, 2024 On June 10, 2024, council members were requested to complete a survey to determine what potential projects could be included in the 2024 GO Parks and Recreation Bond. June 24, 2024, council members received the results of the council survey and provided direction on what projects to move forward with. July 15, 2024, study session with council to review the option for adding a community pool into the bond projects. Council determined not to move forward with the pool as part of the 2024 GO Bond. July 22, 2024, first reading for the ordinance. Page 356 of 403 SUMMARY: Staff will provide council with the ordinance and GO Bond Ballot question. ANALYSIS: BALLOT QUESTION SHALL THE CITY OF ENGLEWOOD DEBT BE INCREASED UP TO $ 41.5 MILLION, WITH A MAXIMUM REPAYMENT COST OF UP TO $72 MILLION, AND SHALL CITY TAXES BE INCREASED UP TO $4 MILLION ANNUALLY FOR THE PURPOSE OF IMPROVING, REPAIRING, EQUIPPING AND UPGRADING THE CITY’S PARKS AND RECREATION FACILITIES AND AREAS TO INCLUDE, BASED ON AVAILABLE FUNDS: - IMPROVEMENTS TO BARDE PARK, BELLEVIEW PARK, CLARKSONAMHERST PARK, CUSHING PARK, MILLER FIELD, NORTHWEST GREENBELT, ROTOLO PARK, EMERSON PARK, ENGLEWOOD RECREATION CENTER, AND PIRATES COVE, INCLUDING NEW RECREATIONAL FACILITIES, IRRIGATION UPDATES TO REPLACE AGING EXISTING IRRIGATION SYSTEMS, BY THE ISSUANCE AND PAYMENT OF GENERAL OBLIGATION BONDS, WHICH SHALL MATURE, BE SUBJECT TO REDEMPTION, WITH OR WITHOUT PREMIUM, AND BE ISSUED, DATED AND SOLD AT SUCH TIME OR TIMES, AT SUCH PRICES (AT, ABOVE OR BELOW PAR) AND IN SUCH MANNER AND CONTAINING SUCH TERMS, NOT INCONSISTENT HEREWITH, AS THE CITY COUNCIL MAY DETERMINE; AND SHALL AD VALOREM PROPERTY TAXES BE LEVIED WITHOUT LIMIT AS TO THE MILL RATE TO GENERATE AMOUNTS, NOT TO EXCEED THE ABOVE AMOUNTS, SUFFICIENT IN EACH YEAR TO TIMELY PAY THE PRINCIPAL OF AND INTEREST ON THE BONDS? _____ YES/FOR _____ NO/AGAINST PARKS & REC MASTER PLAN GUIDANCE & COST ESTIMATES In 2022 and 2023, the 2017 Parks and Recreation Master Plan was updated by consultant, Logan Simpson, and staff to identify the capital needs of the various parks. Along with the Park and Recreation Master Plan, consulting firm, Councilman Hunsaker, was commissioned to study the aquatic areas at the Englewood Recreation Center and Pirates Cove. Councilman Hunsaker used data from the 2017 Parks and Recreation Master Plan and current trends in aquatics to develop the capital needs for the Englewood Recreation Center aquatics area and Pirates Cove. The Parks & Rec Masterplan Projects included: 10 parks Barde Park Belleview Park + Farm area Centennial Bike Park Page 357 of 403 Clarkson-Amherst Park Cushing Park Emerson Park Miller Park Northwest Greenbelt Rotolo Park Southwest Greenbelt 2 Facilities Pirates Cove Englewood Recreation Center COUNCIL SURVEY A survey regarding all of the projects listed for the potential bond proposal was distributed to members of City Council on Monday, June 10th, with a request to complete it by the end of the day on Thursday, June 13th. The survey was designed to give direction to staff by helping to narrow down the project list and identify the projects council may be interested in moving forward with and the dollar amount that would be needed. The council members were asked to rank each project from 1-5 and if they would like the specific project to move forward as part of the GO Bond quest. The following chart "2024 Englewood Parks and Recreation GO Bond Projects with Cost" demonstrates the projects council determined to move forward with during the June 24, 2024 meeting. The projects eliminated at the June 24th meeting were as follows: Centennial Bike Park Emerson Park Southwest Greenbelt Pirates Cove Matt Racer Slides Englewood Recreation Center Surf Simulator At the July 15 Council Study Session a discussion regarding adding a community pool to Miller Field was had and council decided to postpone adding the pool to the bond. 2024 Englewood Parks and Recreation GO Bond Projects with Cost - July 24, 2024 RECREATION CENTER Total Building expansion $ 2,000,000.00 Construction costs $ 1,975,000.00 Locker Room Renovation $ 2,000,000.00 Surf Simulator $ - Pickleball Courts $ 400,000.00 Pavilion $ 250,000.00 Landscaping $ 75,000.00 Pool Deck Improvements $ 450,000.00 Spa/ Hot Tub $ 350,000.00 Pool Renovations $ 205,000.00 $ 7,705,000.00 PIRATES COVE Matt Racer Slide -- Lounge Pool $ 950,000.00 Page 358 of 403 Pavilions $ 650,000.00 Tube Slides $ 1,750,000.00 Construction costs $ 2,950,000.00 $ 6,300,000.00 MILLER FIELD Splash pad $ 750,000.00 Playground $ 950,000.00 Pathways $ 750,000.00 Landscaping $ 950,000.00 Irrigation $ 1,000,000.00 Pavilion $ 900,000.00 Restroom $ 650,000.00 Ball field lighting $ 775,000.00 Pedestrian Lighting $ 220,000.00 $ 7,000,000.00 BELLEVIEW Farm improvements $ 5,000,000.00 Train Depot $ 200,000.00 Landscaping $ 650,000.00 Ball Field Lights $ 700,000.00 ADA access $ 375,000.00 Pathways $ 250,000.00 Large Pavilion $ 300,000.00 Restroom $ 275,000.00 Parking lot improvements / lighting $ 600,000.00 Irrigation $ 500,000.00 Pedestrian Lighting $ 175,000.00 $ 9,025,000.00 NEIGHBORHOOD PARKS Barde Nature Playground $ 250,000.00 ADA Pathways and Bridge $ 400,000.00 Landscape improvements $ 50,000.00 $ 700,000.00 Clarkson Amherst Nature playground $ 300,000.00 Pump track $ - Community Garden $ 100,000.00 $ 400,000.00 Cushing Dog Park $ 100,000.00 Playground $ 450,000.00 Landscape improvements $ 50,000.00 $ 600,000.00 Emerson $ 600,000.00 $ 600,000.00 Rotolo Restroom $ 450,000.00 Landscaping $ 305,000.00 $ 755,000.00 Page 359 of 403 Northwest Greenbelt Restroom $ 400,000.00 Picnic Shelter $ 175,000.00 Landscape improvements $ 200,000.00 Pathways $ 165,000.00 $ 940,000.00 Park Irrigation $ 3,000,000.00 $ 3,000,000.00 Centennial Bike Park $ - Low water Plants $ 500,000.00 $ 500,000.00 Total For Parks $ 23,020,000.00 Permits and Project Manager $ 2,907,000.00 Total $ 41,500,000.00 ORIGINAL STAFF PROPOSAL MARCH 24 and JUNE 3 COST WITH PROJECTS: General Obligation Bond Options with projects identified. $35 Million ERC ($4.5 mil): Locker rooms, pickleball, pool decking, pavilion Pirates Cove ($6 mil): Pavilions and matt racer Miller ($6.5 mil) Belleview ($7 mil) Barde, Clarkson-Amherst, Emerson, Rotolo, Southwest Greenbelt, Northwest Greenbelt, Cushing ($4.6 mil) Centennial Bike Park ($2.4 mil) Irrigation ($2.5 mil) Permits and Project Manager ($1 mil) $40 Million ERC ($7.42 mil): Locker Rooms, pickleball, pool decking, pavilion, landscaping, spa (hot tub) Pirates Cove ($7.5 mil): Pavilions and lounge pool, one new slide element Miller ($7 mil) Belleview ($7.5 mil) Barde, Clarkson-Amherst, Emerson, Rotolo, Southwest Greenbelt, Northwest Greenbelt, Cushing ($4.7 mil) Centennial Bike Park ($2.4 mil) Irrigation ($2.5 mil) Permits and Project Manager ($1.4mil) $45 Million ERC: ($10.4) Locker Rooms, pickleball, pool decking, pavilion, landscaping, spa, surf simulator Pirates Cove ($9.09 mil): Pavilions, lounge pool, 2 new slide elements Miller ($7.04 mil) Belleview ($8 mil) Page 360 of 403 Barde, Clarkson-Amherst, Emerson, Rotolo, Southwest Greenbelt, Northwest Greenbelt, Cushing ($4.8 mil) Centennial Bike Park ($2.4 mil) Irrigation ($3 mil) Permits and Project Manager ($1.5 mil) $50 Million ERC: ($10.5 mil) Locker Rooms, pickleball, pool decking, pavilion, landscaping, spa, surf simulator Pirates Cove ($9.09 mil): Pavilions, lounge pool, 2 new slide elements Miller ($7.04 mil) Belleview ($9 mil) Barde, Clarkson-Amherst, Emerson, Rotolo, Southwest Greenbelt, Northwest Greenbelt, Cushing ($5 mil) Centennial Bike Park ($2.4 mil) Irrigation ($3 mil) Permits and Project Manager ($2.9 mil) An outline of what projects would be completed is included in the attachments: "Project to be completed per bond $ option" PARKS & REC BOND SURVEY 2023 Magellan Strategies completed a survey of the City of Englewood voters in May of 2023 to determine if there is support for projects associated with a potential $50 million Parks and Recreation Bond. The survey covered ten park renovations, a new train, renovations to the Belleview Farm, additions to the aquatics side of the Englewood Recreation Center, and new amenities for Pirates Cove. The survey results are to assist with determining the feasibility of placing a ballot measure on the November ballot to include all the proposed projects, a select few, or not move forward with the bond. An online survey of 1,036 Englewood registered voters was conducted. The online survey took place over a two-week period from May 22 – June 5, 2023. The survey has a margin of error of +/- 2.98% at the 95 percent confidence interval. The survey data is weighted to be representative of voter turnout demographics for an odd-year election for the City of Englewood. On average, 53% of residents indicated their willingness to vote in favor of such a bond, and 35% indicated they plan to vote no. Five categories of projects shown below scored over 60% support—project support varied by category. When asked about their willingness to vote for various projects, respondents indicated the following: 75% New Irrigation System for Parks 67% Smaller Park Improvements Combined 66% Belleview Park Improvements (No Farm) 66% Miller Park Improvements 63% Belleview Park Farm Area Improvements 55% Little Dry Creek Plaza Improvements Page 361 of 403 49% Pirates Cove Water Park Improvements 46% Englewood Recreation Center Improvements When asked to rank projects 1-8, with 1 being the highest, respondents ranked the projects as follows: 1. New Irrigation System for Parks 2. Smaller Park Improvements Combined 3-4. (tied response) Belleview Park Improvements and Englewood Rec Center Improvements 5. Pirates Cove Improvements 6. Belleview Park Farm Improvements 7. Little Dry Creek Plaza Improvements 8. Miller Park Improvements Note: Projects removed from the 2024 bond proposal include the Belleview Electric Train at $500,000 (funded in 2023 through the Conservation Trust Fund and Broncos sale funds in 2024) and the Little Dry Creek Plaza renovation at $4.0 million. Staff will continue to work with the Englewood Downtown District Authority for future improvements to the plaza. RECOMMENDATION FROM PARKS & REC COMMISSION At the February 8, 2024, Parks and Recreation Commission meeting, the Commission voted and recommended moving forward with the 2024 Parks and Recreation GO Bond (attached). COUNCIL ACTION REQUESTED: Staff recommends that Council consider approving an ordinance to place a General Obligation Bond question on the November 2024 ballot. FINANCIAL IMPLICATIONS: The Finance Department has identified a bond capacity of $50 million. The cost breakdown is as follows: Parks Enhancements: $23,020,000 Pirates Cove Enhancements: $6,300,000 Englewood Recreation Center: $7,705,000 Construction Use Tax + Permitting + Project Manager: $2,907,000 Total bond amount : $41,500,000.00 COST TO HOMEOWNERS $50 million Bond: 4.6- mills increase would cost an Englewood homeowner an estimated: $33.04 annually ($2.75/ month) for every $100,000 of the home's value $166.88 annually ($13.76/ month) for a home valued at $500,000 Options for a $45 million bond, $40 million bond, $35 million bond are included in page thirteen of the PowerPoint, and include modification of some park projects and facilities projects as demonstrated on page eleven of the PowerPoint. Page 362 of 403 $45 million Bond: 4.5- mills increase would cost an Englewood homeowner an estimated: $30.04 annually ($2.50/ month) for every $100,000 of the home's value $150.20 annually ($12.51/ month) for a home valued at $500,000 $40 million Bond: 4- mills increase would cost an Englewood homeowner an estimated: $26.70 annually ($2.22/ month) for every $100,000 of the home's value $133.50 annually ($11.13/ month) for a home valued at $500,000 $35 million Bond: 3.5- mills increase would cost an Englewood homeowner an estimated: $23.36 annually ($1.94/ month) for every $100,000 of the home's value $116.80 annually ($9.73/ month) for a home valued at $500,000 Note: 2001/2022 Parks and Recreation Bond (sunset in December 2023) was costing residents $16.80 annually per $100,000 or $84 annually for a home valued at $500,000 CONNECTION TO STRATEGIC PLAN: Safety - Protecting our citizens, infrastructure and environment by providing safe parks and recreation facilities. Infrastructure - Updating, improving and investing in city's infrastructure. Sustainability - Identifying areas for native plantings to reduce turf areas and reduce water consumption. OUTREACH/COMMUNICATIONS: August 11, 2022- Parks and Recreation Commission: Little Dry Creek Plaza Design November 2022-August 2023 Master Plan Update with Consultant November 10, 2022- Parks and Recreation Commission: Aquatics update- Proposed renovation to PC and ERC – Bond projects January 12, 2023- 2023 Parks and Recreation Commission: Goals shared for PRLG, including the bond April 13, 2023- Parks and Recreation Commission: Bond projects presentation April 24, 2023- City Council Presentation: recommended bond projects May - June : Magellan Bond Survey Released June 8, 2023-Parks and Recreation Commission: Update on the Magellan Survey- quorum not met, no recording June 20, 2023- City Council- Magellan Survey Results July 13, 2023- Meeting at Baker Park- Short update: no formal presentation on bond. August 10, 2023- Advised the commission the bond would be postponed until November 2024 November 9, 2023- Parks and Recreation Commission: 2023 End of Year review - including bond January 11, 2023- Parks and Recreation Commission: Update on proposed bond projects February 8, 2024- Parks and Recreation Commission: New commissioners update on bond projects April 11, 2024- Parks and Recreation Commission: Short update to the commission on the bond projects March 4, 2024- City Council: Presentation on the bond projects May 9, 2024- Parks and Recreation Commission: Presentation on Parks and Recreation needs related to the bond projects. June 3, 2024- City Council: Presentation on bond projects seeking direction for projects and bond dollar amount. Page 363 of 403 June 10-13, 2024 City Council: A survey was sent to members of City Council to determine what bond projects each council member was interested in moving forward or not as part of the bond. June 24, 2024 City Council: Study session to finalize projects and overall cost needed. July 15, 2024 City Council: Study session to review the details of adding a community pool at Miller Field July 22, 2024 City Council: First Reading - Ordinance to place GO Bond on ballot Special Event Bond Outreach June 1, 2023- Neighborhood Nights June 15, 2023- Neighborhood Nights July 6, 2023- Summer Concert July 12, 2023- Neighborhood Nights July 26, 2023- Neighborhood Nights August 26, 2023- Block Party October 21, 2023- Trunk or Treat May 11, 2024- Celebrate Englewood April 24, 2024- Neighborhood Leaders Meeting May 11, 2024- Celebrate Englewood May 30, 2024- Neighborhood Nights June 6, 2024- Neighborhood Nights June 8, 2024- Summer Market June 13, 2024- Neighborhood Nights June 15, 2024- Neighbor Outreach July 10, 2024- Neighborhood Nights A variety of methods have been utilized to market the potential 2024 GO Bond initiative. Online: Webpage highlighting the projects, FAQs, short-form videos, social media campaign, emailed newsletters. Print: Citizen magazine story, handouts for outreach events, utility bill insert, postcards Community: Sandwich boards at recreation centers, in-person events, Neighborhood nights, Englewood Ambassadors booths, and community message boards. ATTACHMENTS: Parks and Recreation Bond Presentation August 5, 2024- Second Reading CB #30 - Englewood 2024 Ballot Measure Ordinance GO Bond Page 364 of 403 2024 Parks and Recreation General Obligation Bond Christina Underhill – Director of Parks, Recreation, Library and Golf Brad Anderson- Deputy Director of Parks and Recreation Adrian Torres- Open Space Manager Pa g e 3 6 5 o f 4 0 3 Parks and Recreation GO Bond Overview •$41.5 Million •2 Facilities (Pirates Cove and Englewood Recreation Center) •8 Parks (Miller, Belleview, Barde, Clarkson Amherst, Cushing, Emerson, Rotolo, Northwest Greenbelt) •Includes: Irrigation, Drought Tolerant Plants, Permits and Project Manager •First Reading: Ballot Language -July 22, 2024 •Second Reading: Ballot Language- August 5, 2024 This is for information and direction Pa g e 3 6 6 o f 4 0 3 Parks Projects $23,020,000 •Barde Park $700,000 •Belleview Park + Farm area $9,025,000 •Centennial Park – Bike Park $2,400,000 •Clarkson-Amherst Park $400,000 •Cushing Park $600,000 •Emerson Park $600,000 •Miller Park $7,000,000 •Northwest Greenbelt $940,000 •Rotolo Park $755,000 •Southwest Greenbelt $359,226 •Irrigation $3,000,000 Pa g e 3 6 7 o f 4 0 3 Recreation Facilities Projects $14,005,000 •Englewood Recreation Center $7,705,000 •Aquatic Improvements •Surf simulator unit •Replace slide •Deck improvements •Hot Tub/Spa •Locker Room Renovation •Outdoor Pickleball Courts •Pavilion •Landscape improvements •Pirates Cove $6,300,000 •Remove large competitive pool •Replace competitive pool with: •Multi- passenger innertube waterslide •Lagoon pool with open recreation area for water sports (basketball, volleyball and waterfall feature) •Add 4-lane mat racer slide Pa g e 3 6 8 o f 4 0 3 Budget Overview Parks Enhancements: $23,020,000 Pirates Cove Enhancements: $6,300,000 Englewood Recreation Center: $7,705,000 Construction Use Tax + Permitting+ Project Manager : $2,907,000 Total amount for bond: $41,500,000 Pa g e 3 6 9 o f 4 0 3 Ballot Language SHALL THE CITY OF ENGLEWOOD DEBT BE INCREASED UP TO $ 41.5 MILLION, WITH A MAXIMUM REPAYMENT COST OF UP TO $72 MILLION, AND SHALL CITY TAXES BE INCREASED UP TO $4 MILLION ANNUALLY FOR THE PURPOSE OF IMPROVING, REPAIRING, EQUIPPING AND UPGRADING THE CITY’S PARKS AND RECREATION FACILITIES AND AREAS TO INCLUDE, BASED ON AVAILABLE FUNDS: - IMPROVEMENTS TO BARDE PARK, BELLEVIEW PARK, CLARKSON AMHERST PARK, CUSHING PARK, MILLER FIELD, NORTHWEST GREENBELT, ROTOLO PARK, EMERSON PARK, ENGLEWOOD RECREATION CENTER, AND PIRATES COVE, INCLUDING NEW RECREATIONAL FACILITIES, IRRIGATION UPDATES TO REPLACE AGING EXISTING IRRIGATION SYSTEMS, BY THE ISSUANCE AND PAYMENT OF GENERAL OBLIGATION BONDS, WHICH SHALL MATURE, BE SUBJECT TO REDEMPTION, WITH OR WITHOUT PREMIUM, AND BE ISSUED, DATED AND SOLD AT SUCH TIME OR TIMES, AT SUCH PRICES (AT, ABOVE OR BELOW PAR) AND IN SUCH MANNER AND CONTAINING SUCH TERMS, NOT INCONSISTENT HEREWITH, AS THE CITY COUNCIL MAY DETERMINE; AND SHALL AD VALOREM PROPERTY TAXES BE LEVIED WITHOUT LIMIT AS TO THE MILL RATE TO GENERATE AMOUNTS, NOT TO EXCEED THE ABOVE AMOUNTS, SUFFICIENT IN EACH YEAR TO TIMELY PAY THE PRINCIPAL OF AND INTEREST ON THE BONDS? Pa g e 3 7 0 o f 4 0 3 Ballot Language Dates •The City of Englewood can have only one ballot question on the November ballot. Election Date/ Deadlines: July 22- First reading of the Ordinance/ IGA August 5- Second reading of the Ordinance/ IGA August 27- Last day to submit signed IGA to County September 6- Certify Ballot September 20 by noon- Last day to accept pro/con statements Pa g e 3 7 1 o f 4 0 3 Questions? Pa g e 3 7 2 o f 4 0 3 20 Yr. G.O. Bond Options- Cost to Residents •$35 million GO Bond $23.36/ $100K $ 116.80/ $500K ($9.73) •$40 million GO Bond $26.70/ $100K $ 133.50/ $500K ($11.13) •$45 million GO Bond $30.04/ $100K $ 150.20/ $500K ($12.52) •$50 million GO Bond $33.04/ $100K $166.88/ $500K ($13.91) •6% interest rate today •Interest rate anticipated to decrease in January 2025. •2001-2002 Bond Costs (Sunset in 2023) $13.6 million •Home value per $100,000 = $16.80 annually or $1.40/ month •Home value at $500,000= $84 annually or $7.00/ month Pa g e 3 7 3 o f 4 0 3 Mill Levy Comparisons Taxing Entities [2] Littleton [1][3] Greenwood Village [1][3] Cherry Hills Village [1][3] Centennial [1][3] Sheridan [1][3] Englewood [1][3] General Operating 2.000 2.932 14.722 5.010 5.974 5.880 Debt Service 0.000 0.000 0.000 0.000 13.175 2.182 City Total Direct Mill Levies 2.000 2.932 14.722 5.010 19.149 8.062 Overlapping Mill Levies (apply depending on property address) County-Arapahoe 11.206 11.206 11.206 11.206 11.206 11.206 Developmental Disability 1.000 1.000 1.000 1.000 1.000 1.000 Urban Drainage and Flood 1.000 1.000 1.000 1.000 1.000 1.000 Englewood School District 0.000 0.000 0.000 0.000 0.000 49.075 Littleton School District #6 62.847 62.847 0.000 0.000 0.000 0.000 Sheridan School District #2 0.000 0.000 0.000 0.000 40.272 0.000 Cherry Creek School District #5 0.000 0.000 47.567 47.567 0.000 0.000 South Suburban Park & Recreation District 8.320 0.000 0.000 8.320 8.320 0.000 South Metropolitan Fire Rescue District 9.250 9.250 9.250 9.250 0.000 0.000 Cherry Hills Fire Bonds Only 0.000 0.000 0.500 0.000 0.000 0.000 Arapahoe Library District 0.000 5.413 5.413 5.413 5.413 0.000 Total Direct and Overlapping Mill Levies 95.623 93.648 90.658 88.766 86.360 70.343 RANKING (1=Highest Mill Levy; 6=Lowest Mill Levy)1 2 3 4 5 6 Pa g e 3 7 4 o f 4 0 3 Proposed Bond Projects Improvements 2020-2024 Pa g e 3 7 5 o f 4 0 3 Parks and Recreation Bond Timeline •August 11, 2022- Parks and Recreation Commission: Little Dry Creek Plaza Design •November 2022-August 2023 Master Plan Update with Consultant •November 10, 2022- Parks and Recreation Commission: Aquatics update- Proposed renovation to PC and ERC – Bond projects •January 12, 2023- 2023 Parks and Recreation Commission: Goals shared for PRLG, including the bond •April 13, 2023- Parks and Recreation Commission: Bond projects presentation •April 24, 2023- City Council Presentation: recommended bond projects •May - June: Magellan Bond Survey Released •June 8, 2023-Parks and Recreation Commission: Update on the Magellan Survey- Not recorded due to lack of quorum •June 20, 2023- City Council- Magellan Survey Results •July 13, 2023- Meeting at Baker Park- Short update: no formal presentation on bond. •August 10, 2023- Advised the commission that the bond would be postponed until November 2024 •November 9, 2023- Parks and Recreation Commission: 2023 End of Year review - including bond •January 11, 2023- Parks and Recreation Commission: Update on proposed bond projects •February 8, 2024- Parks and Recreation Commission: New commissioners update on bond projects •April 11, 2024- Parks and Recreation Commission: Short update to the commission on the bond projects •March 4, 2024- City Council: Presentation on the bond projects •May 9, 2024- Parks and Recreation Commission: Presentation on Parks and Recreation needs related to the bond projects. •June 3, 2024- City Council: Presentation on the bond and discussion to move to the ballot. •June 24, 2024-City Council: Study Session on project ranking per survey •July 15, 2024- City Council: Study Session on adding a community pool at Miller Field. Special Event Outreach June 1, 2023- Neighborhood Nights June 15, 2023- Neighborhood Nights July 6, 2023- Summer Concert July 12, 2023- Neighborhood Nights July 20, 2023 – Summer Concert July 26, 2023- Neighborhood Nights August 26, 2023- Block Party October 21, 2023- Trunk or Treat April 24, 2024- Neighborhood Leaders May 11, 2024- Celebrate Englewood May 30, 2024- Neighborhood Nights June 6, 2024- Neighborhood Nights June 13, 2024- Neighborhood Nights June 15, 2024- Neighbor Outreach June 27, 2024- Neighborhood Nights July 10, 2024- Neighborhood Nights Pa g e 3 7 6 o f 4 0 3 Benefits- Themes •Sustainability- Improve water management, reduction of turf, native landscaping •Improving Neighborhoods: increasing amenities and activating parks located in parks •Efficiency – decreased maintenance (over time) with less turf and updated equipment •ADA improvements- Access for all •Revenue Generation – Farm, Train, Pavilions Rentals, Pirates Cove, Englewood Recreation Center (Pickleball and Surf Simulator) •Activation of areas- less used spaces •Attract Teens/Teen Programming Pa g e 3 7 7 o f 4 0 3 20-Year Parks and Recreation Renovation Need Barde Park 701,169.00$ Barde Park Irrigation 450,000.00$ Baker Playground 775,000.00$ Bates Logan Playground 1,500,000.00$ Belleview Irrigation System Phase 1 1,250,000.00$ Belleview Irrigation System Phase 2 1,250,000.00$ Belleview Park (minus irrigation) 7,032,677.00$ Belleview Park Playground 2,000,000.00$ Centennial Bike Park 2,400,000.00$ Centennial Playground 875,000.00$ Centennial Parking Lot Paving 150,000.00$ Centennial Irrigation System 1,000,000.00$ Clarkson - Amherst 709,966.00$ Cushing Irrigation System 1,000,000.00$ Cushing Basketball Court 200,000.00$ Cushing Off Leash/ Playground 559,878.00$ Englewood Parkway Irrigation/ Landscaping 1,550,000.00$ Emerson Park Irrigation 250,000.00$ Emerson Park Renovation 966,392.00$ Englewood Recreation Center(ERC) Irrigation 275,000.00$ ERC Improvements (elevator, track improvements) 5,000,000.00$ ERC Renovation (aquatics, pickleball courts, locker rooms) 10,455,000.00$ ERC Landscaping 200,000.00$ Depot Park Irrigation 250,000.00$ Duncan Playground 750,000.00$ Duncan Irrigation 475,000.00$ Jason Playground 850,000.00$ Jason Loop Path 125,000.00$ Jason Irrigation System 900,000.00$ Little Dry Creek Irrigation 875,000.00$ Malley Irrigation 350,000.00$ Malley - Locker room, Courtyards 4,500,000.00$ Malley Landscaping 200,000.00$ Miller Irrigation System 900,000.00$ Miller Field Park Renovation (minus irrigation) 6,148,483.00$ Northwest Greenbelts Renovation 943,607.00$ Northwest Greenbelt Irrigation 1,000,000.00$ Northwest Greenbelts Playground 750,000.00$ Pirates Cove Renovation 9,090,030.00$ Pirates Cove Irrigation 300,000.00$ Replace all asphalt trails in system with concrete 350,000.00$ River Run Playground 555,000.00$ Rockies Ballfield Renovations 4,000,000.00$ Romans Playground 975,000.00$ Romans Irrigation 750,000.00$ Rotolo Playground 625,000.00$ Rotolo Irrigation 375,000.00$ Rotolo Renovation 754,634.00$ Southwest Greenbelt 359,226.00$ Total Cost $77,341,836 Pa g e 3 7 8 o f 4 0 3 Parks Grant Projected Schedule Project Grant date: IGA Date: RFP Date: Cushing Park Spring of 2025 Fall 2025 Winter 2025 Rotolo Spring of 2026 Fall 2026 Winter 2026 Emerson Spring of 2027 Fall 2027 Winter 2027 Centennial Bike Park Phase 1 Spring of 2028 Fall 2028 Winter 2028 Centennial Bike Park Phase 2 Spring of 2029 Fall 2029 Winter 2029 Belleview Playground Phase 1 Spring of 2030 Fall 2030 Winter 2030 Belleview Playground Phase 2 Spring of 2031 Fall 2031 Winter 2031 Rockies Ballfield Renovations Phase 1 Spring of 2032 Fall 2032 Winter 2032 Rockies Ballfield Renovations Phase 2 Spring of 2033 Fall 2033 Winter 2033 Rockies Ballfield Renovations Phase 3 Spring of 2034 Fall 2034 Winter 2034 Jason Irrigation System Spring of 2035 Fall 2035 Winter 2035 Belleview Irrigation System Phase 1 Spring of 2036 Fall 2036 Winter 2036 Belleview Irrigation System Phase 2 Spring of 2037 Fall 2037 Winter 2037 Cushing Irrigaiton System Spring of 2038 Fall 2038 Winter 2038 Centennial Irrigation System Spring of 2039 Fall 2039 Winter 2039 Miller Irrigation System Spring of 2040 Fall 2040 Winter 2040 Northwest Greenbelts Spring of 2041 Fall 2041 Winter 2041 Barde Spring of 2042 Fall 2042 Winter 2042 Clarkson - Amherst Spring of 2043 Fall 2043 Winter 2043 Southwest Greenbelt Spring of 2044 Fall of 2044 Winter 2044 Estimated Total Project Cost: $19.7 mil Grant Total: $11.2 mil City Matching: $8.5 mil Pa g e 3 7 9 o f 4 0 3 Project Selection 1. Access and Safety (ADA) 2. Sustainability (Irrigation, Turf Modification) 3. Revenue (Pirates Cove, Recreation Center, Farm and Train, Pavilions) 4. Activation of spaces (Miller Field, smaller parks) Pa g e 3 8 0 o f 4 0 3 Park Projects- Barde Park Cost: $701,169 Pa g e 3 8 1 o f 4 0 3 Park Projects – Clarkson- Amherst Park Cost: $709,966 Pa g e 3 8 2 o f 4 0 3 Cushing Park- Off Leash Area / Playground 1. Fully Fenced 2. Wood Chip Surfacing 3. Additional Amenities a) Boulders b) Benches c) Dog Bag Dispensers d) Trash Cans 4. Solar Lighting (2) Cost: $600,000 Replace 20+ year old playground! Pa g e 3 8 3 o f 4 0 3 Park Projects-Emerson Park Cost: $966,392 Pa g e 3 8 4 o f 4 0 3 Park Projects- Miller Field/Park Cost: $7,048,483 Pa g e 3 8 5 o f 4 0 3 Park Projects- Miller Field/Parks Pa g e 3 8 6 o f 4 0 3 Park Projects- Miller Field/Park Pa g e 3 8 7 o f 4 0 3 Parks Projects- Northwest Greenbelt Cost: $943,607 Pa g e 3 8 8 o f 4 0 3 Parks Project- NW Greenbelt Pa g e 3 8 9 o f 4 0 3 Parks Projects- Rotolo Cost: $755,420 Pa g e 3 9 0 o f 4 0 3 Parks Projects- Southwest Greenbelt Cost: $359,226 Pa g e 3 9 1 o f 4 0 3 Park Projects- Belleview Park Cost: $9,032,677 Pa g e 3 9 2 o f 4 0 3 Park Projects- Belleview Park: Farm and Train Pa g e 3 9 3 o f 4 0 3 Park Projects- Belleview Park: Farm and Train Pa g e 3 9 4 o f 4 0 3 Englewood Recreation Center Cost Estimate $10,455,000 •Surf Simulator •Pickleball Court •Updated locker rooms •Improved Landscaping •Spa •New pool decking Pa g e 3 9 5 o f 4 0 3 Pirates Cove Cost: $6,300,000 •Lounge/Play Pool •Removal of large pool •Replace with slides Pa g e 3 9 6 o f 4 0 3 RECREATION CENTER Total Building expansion 2,000,000.00$ Construction costs 1,975,000.00$ Locker Room Renovation 2,000,000.00$ Surf Simulator -$ Pickleball Courts 400,000.00$ Pavilion 250,000.00$ Landscaping 75,000.00$ Pool Deck Improvements 450,000.00$ Spa/ Hot Tub 350,000.00$ Pool Renovations 205,000.00$ 7,705,000.00$ PIRATES COVE Matt Racer Slide Lounge Pool 950,000.00$ Pavilions 650,000.00$ Tube Slides 1,750,000.00$ Construction costs 2,950,000.00$ 6,300,000.00$ MILLER FIELD Splash pad Playground 950,000.00$ Pathways 750,000.00$ Landscaping 950,000.00$ Irrigation 1,000,000.00$ Pavilion 900,000.00$ Restroom 650,000.00$ Ball field lighting 775,000.00$ Pedestrian Lighting 220,000.00$ 6,195,000.00$ BELLEVIEW Farm improvements 5,000,000.00$ Train Depot 200,000.00$ Landscaping 650,000.00$ Ball Field Lights 700,000.00$ ADA access 375,000.00$ Pathways 250,000.00$ Large Pavilion 300,000.00$ Restroom 275,000.00$ Parking lot improvements / lighting 600,000.00$ Irrigation 500,000.00$ Pedestrian Lighting 175,000.00$ 9,025,000.00$ NEIGHBORHOOD PARKS Barde Nature Playground 250,000.00$ ADA Pathways and Bridge 400,000.00$ Landscape improvements 50,000.00$ 700,000.00$ 2024 Englewood Parks and Recreation GO Bond Projects with Cost Page 397 of 403 Clarkson Amherst Nature playground 300,000.00$ Pump track -$ Community Garden 100,000.00$ 400,000.00$ Cushing Dog Park 100,000.00$ Playground 450,000.00$ Landscape improvements 50,000.00$ 600,000.00$ Rotolo Restroom 450,000.00$ Landscaping 305,000.00$ 755,000.00$ Northwest Greenbelt Restroom 400,000.00$ Picnic Shelter 175,000.00$ Landscape improvements 200,000.00$ Pathways 165,000.00$ 940,000.00$ Park Irrigation 3,000,000.00$ 3,000,000.00$ Low water Plants 500,000.00$ 500,000.00$ Total For Parks 22,115,000.00$ Permits and Project Manager 2,907,000.00$ Total 39,027,000.00$ Page 398 of 403 4886-3740-6662.1 1 ORDINANCE NO. ___ COUNCIL BILL NO. 30 SERIES OF 2024 INTRODUCED BY COUNCIL MEMBER NUNNENKAMP AN ORDINANCE REGARDING THE NOVEMBER 2024 ELECTION: CALLING A SPECIAL MUNICIPAL ELECTION FOR NOVEMBER 5, 2024, TO COINCIDE WITH THE STATE GENERAL ELECTION; DECLARING THE CITY’S INTENT TO COORDINATE SUCH ELECTION WITH ARAPAHOE COUNTY AND AUTHORIZING AN AGREEMENT THEREFORE; SUBMITTING TO THE REGISTERED ELECTORS OF THE CITY A BALLOT MEASURE AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS FOR THE PURPOSE OF FINANCING PARK AND RECREATION CAPITAL IMPROVEMENTS; AND SETTING THE BALLOT TITLE THEREON WHEREAS, pursuant to the Uniform Election Code of 1992 (Articles 1 to 13 of Title 1, C.R.S.) as amended, governmental entities are encouraged to cooperate and consolidate elections in order to reduce taxpayer expenses; and WHEREAS, the City of Englewood (“the City”) has participated with Arapahoe County in conducting coordinated elections since 1993; and WHEREAS, Arapahoe County and the City of Englewood have determined that it is in the best interest of the taxpayers and the electors to conduct a Coordinated Election on November 5, 2024; and WHEREAS, this bill for an ordinance submits to the registered voters of the City a ballot measure regarding the issuance of debt for the purpose of financing park and recreation improvements; and WHEREAS, Article X, Section 20 of the Colorado Constitution requires that the City have voter approval prior to issuance of any multiple-fiscal year direct or indirect debt and Section 104 of the Englewood Home Rule Charter provides that the Englewood City Council (the “City Council”) shall have power to issue general obligation bonds of the City for any public capital purpose upon majority vote of the registered electors of the City voting thereon; and WHEREAS, City staff and the City Council agree that the issuance of debt for the purpose of financing park and recreation improvements is necessary and that a ballot measure should be submitted for a vote of the registered electors of the City; and Page 399 of 403 4886-3740-6662.1 2 WHEREAS, Title 1, Chapter 8, Section 8 of the Englewood Municipal Code provides (i) that any City registered elector desiring to protest a proposed ballot title and/or submission clause for any initiated or referred measure may file a written protest in the office of the City Clerk, (ii) that any notice of protest shall be filed no later than 5:00 p.m. on the Friday immediately preceding the date upon which the City Council will consider the ordinance, on final reading, setting the ballot title and/or submission clause and (iii) that any notice of protest shall set forth with particularity the grounds of the protest; and WHEREAS, the issuance of the proposed debt is included in the City’s debt ceiling computation and will not, at any time, exceed three percent of the actual valuation of the taxable property within the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The City of Englewood hereby calls a special municipal election for November 5, 2024 to coincide with the State of Colorado General Election, coordinated with Arapahoe County. The City of Englewood is hereby authorized to execute an Intergovernmental Agreement for Coordinated Election with Arapahoe County to operate the coordinated election and any City ballot questions therein. Section 2. Pursuant to the provisions of law the City Council hereby submits for a vote of the City’s registered electors at the coordinated Municipal Election held on November 5, 2024 the following ballot issue set forth in Appendix A hereto. Appendix A is hereby incorporated into this Ordinance as if set forth in full herein (the “Ballot Issue”). Should another question be required by law to be set for said election, and as a result Englewood Home Rule Charter Sections 14 and 104 prohibit the Ballot Issue from consideration at said election, this Section 2 shall be automatically repealed as a matter of law. Section 3. For purposes of Section 1-11-203.5, C.R.S., this Ordinance shall serve to set the ballot title and/or submission clause. Any petition to contest the form or content of the ballot title may be filed with the District Court and a copy served on the City Clerk within five days after the title of the ballot question is set by the City Council on final reading of this Ordinance. Section 4. If a majority of the votes cast on the Ballot Issue shall be in favor of the Ballot Issue, the City Council shall be authorized to proceed with the necessary action to issue bonds and/or levy taxes in accordance with the approved Ballot Issue. Any authority to issue bonds and levy ad valorem property taxes, if conferred by the results of the election, shall be deemed and considered a continuing authority to issue bonds and levy the taxes so authorized at any one time, or from time to time, and neither the partial exercise of the authority so conferred, nor any lapse of time, shall be considered as exhausting or limiting the full authority so conferred. Page 400 of 403 4886-3740-6662.1 3 Section 5. 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) Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City, 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 further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. (d) Publication. Publication of this Ordinance may be in the City’s official newspaper, the City’s official website, or both. Publication shall be effective upon the first publication by either authorized method. (e) Actions Authorized. The City Clerk and other appropriate City officials are hereby authorized and directed to proceed with any action necessary or appropriate to effectuate the provisions of this Ordinance and comply with the Uniform Election Code, Article X, Section 20 of the Colorado Constitution and other applicable laws and election rules. The ballots cast at such election shall be canvassed and the result ascertained, determined, and certified as required by law. Introduced and passed on first reading on the 22nd day of July, 2024; and on second reading, in identical form to the first reading, on the ___ day of ____________, 2024. Othoniel Sierra, Mayor ATTEST: _________________________________ Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of an Ordinance, introduced and passed in identical form on first and second reading on the dates indicated above; and published Page 401 of 403 4886-3740-6662.1 4 two days after each passage on the City’s official website for at least thirty (30) days thereafter. The Ordinance shall become effective thirty (30) days after first publication on the City’s official website. Stephanie Carlile Page 402 of 403 4886-3740-6662.1 5 Appendix A Ballot Issue # _____ SHALL THE CITY OF ENGLEWOOD DEBT BE INCREASED UP TO $ 41.5 MILLION, WITH A MAXIMUM REPAYMENT COST OF UP TO $72 MILLION, AND SHALL CITY TAXES BE INCREASED UP TO $4 MILLION ANNUALLY FOR THE PURPOSE OF IMPROVING, REPAIRING, EQUIPPING AND UPGRADING THE CITY’S PARKS AND RECREATION FACILITIES AND AREAS TO INCLUDE, BASED ON AVAILABLE FUNDS: - IMPROVEMENTS TO BARDE PARK, BELLEVIEW PARK, CLARKSON- AMHERST PARK, CUSHING PARK, MILLER FIELD, NORTHWEST GREENBELT, ROTOLO PARK, EMERSON PARK, ENGLEWOOD RECREATION CENTER, AND PIRATES COVE, INCLUDING NEW RECREATIONAL FACILITIES, IRRIGATION UPDATES TO REPLACE AGING EXISTING IRRIGATION SYSTEMS, BY THE ISSUANCE AND PAYMENT OF GENERAL OBLIGATION BONDS, WHICH SHALL MATURE, BE SUBJECT TO REDEMPTION, WITH OR WITHOUT PREMIUM, AND BE ISSUED, DATED AND SOLD AT SUCH TIME OR TIMES, AT SUCH PRICES (AT, ABOVE OR BELOW PAR) AND IN SUCH MANNER AND CONTAINING SUCH TERMS, NOT INCONSISTENT HEREWITH, AS THE CITY COUNCIL MAY DETERMINE; AND SHALL AD VALOREM PROPERTY TAXES BE LEVIED WITHOUT LIMIT AS TO THE MILL RATE TO GENERATE AMOUNTS, NOT TO EXCEED THE ABOVE AMOUNTS, SUFFICIENT IN EACH YEAR TO TIMELY PAY THE PRINCIPAL OF AND INTEREST ON THE BONDS? _____ YES/FOR _____ NO/AGAINST Page 403 of 403