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Home My WebLink About2024-12-02 (Regular) Meeting Agenda PacketPlease note: If you have a disability and need auxiliary aids or services, please notify the City of Englewood (303- 762-2405) at least 48 hours in advance of when services are needed. 1000 Englewood Pkwy - Council Chambers Englewood, CO 80110 AGENDA City Council Regular Meeting Monday, December 2, 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. Director of Finance Kevin Engels will present the October 2024 General Fund Monthly Financial Report 1a documents b. Director of Community Development Brad Power and Chief Building Official Karen Montanez will be present to provide information on building codes and homeowners serving as their own contractor on residential projects. 1b documents 2. Call to Order 3. Pledge of Allegiance 4. Roll Call 5. Consideration of Minutes of Previous Session a. Minutes of the Regular City Council Meeting of November 18, 2024. 5a documents b. Minutes of the Special City Council Meeting of November 25, 2024. 5b documents 6. Recognitions a. Recognition of the Top 13 Finalists for the 2025 Student Art Calendar 7. Appointments, Communications and Proclamations 8. Recognition of Public Comment Public Comment will begin shortly after 7:00 pm, this is an opportunity to address City Council. There is an expectation that the presentation will be conducted in a respectful manner. Council may ask questions for clarification, but there will not be any dialogue. Please limit your presentation to three minutes. Englewood residents must provide your address or cross streets. Non-Englewood residents must provide the name of your city. If you have addressed Council in the last 90 days you will Page 1 of 278 Englewood City Council Regular Agenda December 2, 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. be moved to the bottom of the list. Written materials may be submitted to the City Clerk in advance or at the meeting. Audio/visual materials must be submitted to the City Clerk by 5pm on the Thursday prior to the meeting. Public Comment will be limited to 90 minutes total. If you'd like to speak virtually please reach out to the City Clerk's office for a link, the deadline is the Wednesday prior to the meeting by 5pm. You may also sign up in person immediately prior to the start of the Regular Meeting. Citizens may also submit written public comments to the City Clerk's Office until 12 p.m. the day after the meeting. If you have any questions please reach out to the City Clerk's Office at CityClerk@englewoodco.gov or call 303-762-2430. Council Response to Public Comment. 9. Consent Agenda Items a. Approval of Ordinances on First Reading i.CB-61 2025 Mill Levy Ordinance for the General Obligation Parks and Recreation Bond. 9ai documents Staff: Director of Parks, Recreation, Library and Golf Christina Underhill, Director of Finance Kevin Engels b. Approval of Ordinances on Second Reading. i. CB-57 Special Event Regulations 9bi documents Staff: Management Fellow Elizabeth Ramsey c. Resolutions and Motions i. Resolution - Reappoint Municipal Court Judge Sprecace 9ci documents Staff: Court Administrator Kennetha Julien ii. Resolution - Reappoint Municipal Court Judge Charlton 9cii documents Staff: Court Administrator Kennetha Julien iii. Resolution - Increase Associate Judges Salary 9ciii documents Staff: Court Administrator Kennetha Julien iv. Resolution - Presiding Judge Salary Increase 9civ documents Staff: Court Administrator Kennetha Julien v. Motion - Golf Action Plan for Broken Tee Golf Course 9cv documents Staff: Broken Tee Golf Manager Shannon Buccio Page 2 of 278 Englewood City Council Regular Agenda December 2, 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. 10. Public Hearing Items 11. Ordinances, Resolutions and Motions a. Approval of Ordinances on First Reading i. CB-62 Amended Intergovernmental Agreement with Arapahoe County for a Tri- Cities Homelessness Coordinator 11ai documents Staff: Deputy City Manager Tim Dodd ii. CB-64 Ordinance amending Municipal Code regarding Natural Medicines 11aii documents Staff: City Attorney Tamara Niles b. Approval of Ordinances on Second Reading i. CB-58 Food Vendor Licensing Regulations 11bi documents Staff: Management Fellow Elizabeth Ramsey c. Resolutions and Motions 12. General Discussion a. Mayor's Choice b. Council Members' Choice 13. City Manager’s Report 14. Adjournment Page 3 of 278 STUDY SESSION TO:Mayor and Council FROM:Kevin Engels DEPARTMENT:Finance DATE:December 2, 2024 SUBJECT:October 2024 General Fund Monthly Financial Report DESCRIPTION: Director of Finance will be present to review the Monthly Financial Report RECOMMENDATION: Staff recommends that Council review the information provided in the monthly financial report and provide feedback. PREVIOUS COUNCIL ACTION: Staff provides monthly financial updates to City Council. During the Study Session discussion, the Director of Finance will review the October 2024 General Fund financial report that highlights revenues and expenditures. Sales & Use Tax by area slides are also included in the Appendix of the attached presentation. SUMMARY: Through October 2024, the City of Englewood's General Fund revenues total $59,403,000 which is 83.5% of 2024 budgeted revenues. Year-to-date (YTD) revenues are $3,070,000 or 5.4% higher than the same period in 2023. Expenditures YTD are $57,863,000 or 80.1% of the 2024 expenditure budget. Total expenditures YTD are $5,599,000 or 10.7% higher than 2023. Any one-time revenues and expenditures have been adjusted as noted. ANALYSIS: Revenue highlights: Through October 2024, the city has received $12,000,000 in property taxes.Of that total, $6,303,000 went to the General Fund, $3,471,000 to the EDDA, and the rest to debt service for the Police Building General Obligation (GO) bonds.In May 2024 the city received $298,000 “back-fill” from the State to compensate the City for State level legislation that reduced property tax collections by that amount.Additional legislation has also been passed that may result in additional restrictions on assessed values and potential “back-fill” payments in 2025 (reference Council Request 0766 for additional details). Sales & Use Tax remittances total $35,674,000 and are 77.1% of the fiscal year’s budgeted revenue; Sales & Use Tax revenue is $94,000 higher than the same time last year. Additionally, the 2024 Sales & Use Tax audits and voluntary disclosure collections amount to $1,770,000. Page 4 of 278 Marijuana Sales Tax accounts for $965,000 of the total Sales & Use Tax revenue YTD and is ($190,000) lower than 2023. Charges for services are $1,555,000 higher than the previous year primarily due to the collections for the operation of City Center Property Management. American Rescue Plan Act (ARPA)-the city has been awarded $8,776,000 which was received in two allocations of $4,338,000 each. o For 2024, the General Fund still restricts $55,000 of ARPA funds to be used for homelessness related projects in 2025. Expenditure highlights: Across all departments, part of the variance is due to a 5% salary increase for staff. The City Manager spending is $346,000 higher than the previous year due to the addition of the Sustainability Division in 2024. Public Works expenditures are $1,659,000 higher than the previous year due primarily to the operation of City Center Property Management.These costs are offset by revenues in the Charges for Services category. The YTD Operating surplus (Operating Revenues over/(under) Operating Expenditures) is $1,540,000, compared to the Amended Budgeted operating deficit of ($1,095,000). Net transfers total ($4,469,000) and include a $142,000 transfer in from the Public Improvement Fund for debt service and transfers out of ($4,542,000) to the Public Improvement Fund for capital projects and ($69,000) for costs associated with the purchase of new vehicles for Public Works and Parks, Recreation, Library and Golf. The General Fund – Fund Balance Composition, shows a YTD change in total fund balance of ($2,929,000), which includes the total operating surplus of $1,540,000 and the net transfer out of ($4,469,000). Since 2019 City Council has allocated over $22 million from the General Fund for capital improvement projects. COUNCIL ACTION REQUESTED: Staff will review the monthly financial report with Council and welcomes questions and discussion. FINANCIAL IMPLICATIONS: There is no financial impact associated with this action. CONNECTION TO STRATEGIC PLAN: Governance: Assist the City to become fiscally accountable, transparent, effective and efficient. OUTREACH/COMMUNICATIONS: Monthly financial reports are posted on the City’s website for public viewing. ATTACHMENTS: October 2024 General Fund Monthly Financial Report Page 5 of 278 Page 6 of 278 Page 7 of 278 Page 8 of 278 Page 9 of 278 Page 10 of 278 Page 11 of 278 Page 12 of 278 Page 13 of 278 Page 14 of 278 Page 15 of 278 Page 16 of 278 Page 17 of 278 Page 18 of 278 Page 19 of 278 Page 20 of 278 Page 21 of 278 Page 22 of 278 Page 23 of 278 Page 24 of 278 Page 25 of 278 Page 26 of 278 Page 27 of 278 Page 28 of 278 Page 29 of 278 Page 30 of 278 Page 31 of 278 STUDY SESSION TO:Mayor and Council FROM:Brad Power, Karen Montanez DEPARTMENT:Community Development DATE:December 2, 2024 SUBJECT: Homeowners Serving as General Contractors for Residential Construction DESCRIPTION: Information on building codes and homeowners serving as their own contractor on residential projects RECOMMENDATION: Staff recommends retaining the current version of City of Englewood Municipal Code Title 7, Chapter 5, Contractor Licensing. PREVIOUS COUNCIL ACTION: Members of council requested information on city requirements for homeowners acting as general contractors. SUMMARY: City council was made aware of the city's requirements for homeowner permits and contractor licensing during public comment at the September 16, 2024 council meeting. A council request was made and following the provision of additional details from staff, council requested a study session to discuss city requirements for contractors. ANALYSIS: City of Englewood Municipal Code, Title 5, Chapter 7 establishes the city's requirements for contractor licensing. In December, 2011, Title 5, Chapter 7 was amended from the previously adopted code established in 1985. Section 5-7-2 provided an exception for contractor licensing to include "any homeowners desiring to build, construct, alter, repair, add to or demolish a Group R-3 or Group U occupancy or any accessory building, thereto, which is owned by, and is the primary residence of the homeowners; is not income or rental property, and the homeowner(s) are doing the work themselves. Prior to this change the municipal code did not restrict the ability for a homeowner to build, remodel, repair a property other than the homeowner was required to do such work themselves. The building division proposed the existing amendment at the time because of an increase in people buying a home or property, applying for a homeowner's permit performing work and immediately selling or renting the property. There were no limitations on how many properties an owner had in Englewood, if they lived in any of the homes or if they lived in Englewood. Page 32 of 278 Under Englewood's current code, a homeowner/property owner who does not meet the requirements for exemption may become a licensed contractor by passing the general contractor test administered through the International Code Council, registering with the city and paying the license fee of $150. There are no further requirements to obtain a general contractors license. Many jurisdictions in the metro area have restrictions similar to Englewood. Others allow homeowner permits for new builds with restrictions, while a few others have few or no restrictions. There are advantages and disadvantages to a homeowner working as the contractor. Advantages may include reduced costs, flexibility and decision making control. Disadvantages may include increased costs, burnout, and lack of construction experience and skills. Staff has found that homeowner-led projects tend to take longer due to a lack of experience and time constraints. In some cases, homeowners may underestimate the scope of work required or face unforeseen challenges that exceed their skills or resources, leading to stalled projects. Homeowners may ultimately face the prospect of hiring a general contractor, which may lead to increased costs and delays if the project has not restarted or previously completed work requires adjustment. COUNCIL ACTION REQUESTED: Staff requests direction from council on possible revisions to the current requirements and restrictions of homeowner permits. FINANCIAL IMPLICATIONS: There are no financial implications to the City of Englewood associated with amendments of this portion of the municipal code. Contractor licensing and inspections of residential construction activity are incorporated into Community Development Department's annual budget and work program. OUTREACH/COMMUNICATIONS: Community outreach has not been undertaken. ATTACHMENTS: Staff Presentation Page 33 of 278 Page 34 of 278 Page 35 of 278 Page 36 of 278 Page 37 of 278 Page 38 of 278 Page 39 of 278 Page 40 of 278 Page 41 of 278 Page 42 of 278 MINUTES City Council Regular Meeting Monday, November 18, 2024 1000 Englewood Parkway - 2nd Floor Council Chambers 6:00 PM 1 Study Session Topic a) Deputy City Manager Tim Dodd, Management Fellow Liz Ramsey, Director of Communications Chris Harguth, and Polco COO Sonya Wytinck were present to provide an overview of the results from the 2024 annual Community Satisfaction Survey. b) Deputy City Manager Tim Dodd was present to review the proposed 2025 Proclamations. The meeting recessed at 7:04 p.m. for a break. The meeting reconvened at 7:11 p.m. with all seven Council Members present. Member Nunnenkamp attended virtually. 2 Call to Order The regular meeting of the Englewood City Council was called to order by Mayor Sierra at 7:11 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 - attended virtually Council Member Rita Russell Council Member Tena Prange Council Member Kim Wright COUNCIL ABSENT: None STAFF PRESENT:City Manager Lewis City Attorney Niles City Clerk Carlile Page 1 of 13 Page 43 of 278 City Council Regular November 18, 2024 Senior Deputy City Clerk McKinnon Deputy City Manager Dodd Police Chief Jackson Director of Utilities and South Platte Renew Van Ry Director of Finance Engels Director of Public Works Rachael Director of Communications Harguth Director of Community Development Power Director of Parks, Recreation, Library and Golf Underhill Deputy Director of Engineering Hoos, Public Works Engineering Supervisor Stephens, Public Works Engineering Manager Roman, Public Works Deputy Police Chief Fender Deputy Director Business Solutions & Engineering Stone, Utilities Planning Manager Isham, Community Development Budget Manager Nolan, Finance Management Fellow Ramsey, City Manager's Office Senior Planner Bell, Community Development Senior Planner Voboril, Community Development Planner II Charles, Community Development Planner II Sampson, Community Development Department Administrator Fenton, Community Development Audio Visual Engineer Hessling, Information Technology System Administrator Munnell, Information Technology Officer Allen, Police Department Officer Hewitt, Police Department 5 Consideration of Minutes of Previous Session a) Minutes of the Regular City Council Meeting of November 4, 2024. Moved by Council Member Kim Wright Seconded by Council Member Tena Prange APPROVAL OF THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF NOVEMBER 4, 2024. For Against Abstained Chelsea Nunnenkamp x Rita Russell x Othoniel Sierra x Joe Anderson x Tena Prange (Seconded By)x Kim Wright (Moved By)x Steven Ward x 7 0 0 Page 2 of 13 City Council Regular Page 44 of 278 City Council Regular November 18, 2024 Motion CARRIED. 6 Recognitions a) City of Englewood was recognized for receiving the Denver Regional Council of Governments and State American Planning Association Awards for CodeNext. 7 Appointments, Communications and Proclamations a) City Manager Shawn Lewis introduced the new Chief of Police, Dave Jackson. 8 Recognition of Public Comment a) Chris Tenorio, a Denver resident, addressed City Council. b) Kevin Wright, an Englewood resident, addressed City Council. c) Amy Beck, an Denver resident, addressed City Council. Council Member Prange responded to public comment. The meeting recessed at 7:32 p.m. for a break. The meeting reconvened at 7:39 p.m. with all seven Council Members present. Member Nunnenkamp attended virtually. 9 Consent Agenda Items Council Member Wright removed Agenda Item 9(b)(ii) from Consent Agenda. Moved by Anderson seconded by Council Member Prange to approve Consent Agenda Items 9(a)(i) and 9(b)(i). a) Approval of Ordinances on First Reading i) CB-60 Santa Fe Park Easements and Agreements – McLellan Reservoir Drain Line COUNCIL BILL NO. 60, INTRODUCED BY COUNCIL MEMBER ANDERSON A BILL FOR AN ORDINANCE AUTHORIZING AGREEMENTS AND EASEMENTS WITH SOUTHWEST METROPOLITAN WATER AND SANITATION DISTRICT, TOLL SOUTHWEST LLC, PUBLIC SERVICE COMPANY OF COLORADO AND TB ANGELINE LLC FOR UTILITY CROSSINGS OF THE MCLELLAN RESERVOIR DRAIN LINE. b) Approval of Ordinances on Second Reading. i) CB-51 Intergovernmental Agreement between the United States Page 3 of 13 City Council Regular Page 45 of 278 City Council Regular November 18, 2024 Marshal's Service and the City of Englewood ORDINANCE NO. 56 SERIES OF 2024 (COUNCIL BILL NO. 51 INTRODUCED BY COUNCIL MEMBER WARD) AN ORDINANCE AUTHORIZING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF ENGLEWOOD AND THE UNITED STATES MARSHALS SERVICE FOR THE UNITED STATES MARSHALS SERVICE FUGITIVE TASK FORCE FOR NON- FEDERAL AGENCIES. ii) CB-57 Special Event Regulations [Clerks Note: This agenda item was removed from the Consent Agenda motion and considered independently.] Moved by Council Member Joe Anderson Seconded by Council Member Chelsea Nunnenkamp Motion to approve Council Bill No. 27. Moved by Council Member Tena Prange Seconded by Council Member Kim Wright Motion to amend Council Bill No. 57 by removing "A license shall not be issued for the same community special event more than three (3) times in any calendar year." For Against Abstained Chelsea Nunnenkamp x Rita Russell x Othoniel Sierra x Joe Anderson x Tena Prange (Moved By)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 approve Council Bill No. 57 as amended. Item will need to come back for second reading due to amendment. For Against Abstained Page 4 of 13 City Council Regular Page 46 of 278 City Council Regular November 18, 2024 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. Moved by Council Member Joe Anderson Seconded by Council Member Tena Prange Motion to approve Consent Agenda Items 9(a)(i) and 9(b)(i). 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. c) Resolutions and Motions There were no additional Resolution or Motions (See Agenda Items 11(c)(i-iv).) 10 Public Hearing Items There were no public hearings scheduled. 11 Ordinances, Resolutions and Motions a) Approval of Ordinances on First Reading There were no additional Ordinances on First Reading (See Agenda Items 9(a)(i).) b) Approval of Ordinances on Second Reading Page 5 of 13 City Council Regular Page 47 of 278 City Council Regular November 18, 2024 i) CB-23 Creation of a Hookah business license Moved by Council Member Joe Anderson Seconded by Council Member Chelsea Nunnenkamp Motion to approve Council Bill No. 23 For Against Abstained Chelsea Nunnenkamp (Seconded By) Rita Russell Othoniel Sierra Joe Anderson (Moved By) Tena Prange Kim Wright Steven Ward 0 0 0 Moved by Council Member Tena Prange Seconded by Council Member Chelsea Nunnenkamp AN ORDINANCE AMENDING ENGLEWOOD MUNICIPAL CODE, CREATING A HOOKAH TOBACCO RETAILER BUSINESS LICENSE. For Against Abstained Chelsea Nunnenkamp (Seconded By) x Rita Russell x Othoniel Sierra x Joe Anderson x Tena Prange (Moved By)x Kim Wright x Steven Ward x 3 4 0 Motion DEFEATED. ii) CB-58 Food Vendor Licensing Regulations Moved by Council Member Joe Anderson Seconded by Council Member Chelsea Nunnenkamp Motion to approve Council Bill No. 58 Moved by Council Member Rita Russell Seconded by Council Member Kim Wright Page 6 of 13 City Council Regular Page 48 of 278 City Council Regular November 18, 2024 Motion to amend Council Bill No. 58 by amending the liability insurance requirement from $500,000.00 to $1,000,000. For Against Abstained Chelsea Nunnenkamp x Rita Russell (Moved By)x Othoniel Sierra x Joe Anderson x Tena Prange x Kim Wright (Seconded By)x Steven Ward x 4 3 0 Motion CARRIED. Moved by Council Member Joe Anderson Seconded by Council Member Chelsea Nunnenkamp Motion to approve Council Bill No. 58 as amended. Item will need to come back for second reading due to amendment. 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 6 1 0 Motion CARRIED. iii) CB-59 Home Occupations and Natural Medicines Moved by Council Member Joe Anderson Seconded by Council Member Chelsea Nunnenkamp ORDINANCE NO. 57 SERIES OF 2024 (COUNCIL BILL NO. 59 INTRODUCED BY COUNCIL MEMBER NUNNENKAMP) AN ORDINANCE AMENDING TITLE 16 OF THE ENGLEWOOD UNIFIED DEVELOPMENT CODE PERTAINING TO HOME OCCUPATIONS TABLE 2-1: SUMMARY OF APPLICATIONS AND PROCEDURES, SECTION 16-2-15 SPECIAL EXCEPTIONS FOR HOME Page 7 of 13 City Council Regular Page 49 of 278 City Council Regular November 18, 2024 OCCUPATIONS, TABLE 4-2 PERMITTED USES, SECTION 16-4-3.B.9 MEDICAL MARIJUANA, SECTION 16-4-4.C HOME OCCUPATION, SECTION 16-13-1.C.6 MARIJUANA USES, SECTION 16-13-2 DEFINED TERMS AND TO ADD NATURAL MEDICINE IN TITLE 16 OF THE ENGLEWOOD MUNICIPAL CODE. 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. c) Resolutions and Motions i) Resolution- Update of the 2025 Rate and Fee Schedule Moved by Council Member Joe Anderson Seconded by Council Member Steven Ward Motion to approve the 2025 Rate and Fee Schedule Moved by Council Member Joe Anderson Seconded by Council Member Steven Ward Motion to amend the Resolution by removing the Hookah business license fee. For Against Abstained Chelsea Nunnenkamp x Rita Russell x Othoniel Sierra x Joe Anderson (Moved By)x Tena Prange x Kim Wright x Steven Ward (Seconded By)x 7 0 0 Motion CARRIED. Page 8 of 13 City Council Regular Page 50 of 278 City Council Regular November 18, 2024 Moved by Council Member Joe Anderson Seconded by Council Member Steven Ward RESOLUTION NO. 31 SERIES OF 2024 A RESOLUTION ADOPTING THE 2025 FEE AND UTILITY RATE SCHEDULE FOR THE CITY OF ENGLEWOOD, COLORADO. AS AMENDED For Against Abstained Chelsea Nunnenkamp x Rita Russell x Othoniel Sierra x Joe Anderson (Moved By)x Tena Prange x Kim Wright x Steven Ward (Seconded By)x 7 0 0 Motion CARRIED. ii) Resolution- 2024 Budget Supplemental #3 Moved by Council Member Chelsea Nunnenkamp Seconded by Council Member Tena Prange RESOLUTION NO. 32 SERIES OF 2024 A BUDGET SUPPLEMENTAL RESOLUTION TO AMEND APPROPRIATIONS WITHIN THE 2024 BUDGET OF THE CITY OF ENGLEWOOD. 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 7 0 0 Motion CARRIED. iii) Motion- Contract Award Recommendation for Old Hampden Utilities Improvement Project Page 9 of 13 City Council Regular Page 51 of 278 City Council Regular November 18, 2024 Moved by Council Member Joe Anderson Seconded by Council Member Chelsea Nunnenkamp Approval of a budget supplemental to transfer the $1,233,333 of ARPA funds assigned to this project in the Sewer Enterprise Fund to the Water Enterprise Fund. 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. The meeting recessed at 8:53 p.m. for a break. The meeting reconvened at 9:00 p.m. with all Council Members present. Member Nunnenkamp attended virtually. iv) Motion- Quarter 2 and Quarter 3 Strategic Plan Updates 2024 Moved by Council Member Chelsea Nunnenkamp Seconded by Council Member Tena Prange Approval of Quarter 2 and Quarter 3 Strategic Plan Updates 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 7 0 0 Motion CARRIED. 12 General Discussion Page 10 of 13 City Council Regular Page 52 of 278 City Council Regular November 18, 2024 a) Mayor's Choice i) Executive Session to discuss the sale or transfer of the Ground Lease on City-owned property surrounding the Civic Center, pursuant to CRS 24-6- 402(4)(a). Moved by Council Member Othoniel Sierra Seconded by Council Member Joe Anderson MOTION TO MOVE INTO EXECUTIVE SESSION TO DISCUSS THE SALE OR TRANSFER OF THE GROUND LEASE ON CITY-OWNED PROPERTY SURROUNDING THE CIVIC CENTER, PURSUANT TO CRS 24-6-402(4)(A). For Against Abstained Chelsea Nunnenkamp x Rita Russell x Othoniel Sierra (Moved By)x Joe Anderson (Seconded By)x Tena Prange x Kim Wright x Steven Ward x 7 0 0 Motion CARRIED. The meeting recessed at 9:09 p.m. to go into Executive Session. The meeting reconvened at 10:27 p.m. with all Council Members present. Member Nunnenkamp attended virtually. 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 Steven Ward MOTION TO CLOSE THE EXECUTIVE SESSION For Against Abstained Rita Russell x Page 11 of 13 City Council Regular Page 53 of 278 City Council Regular November 18, 2024 Othoniel Sierra (Moved By)x Joe Anderson x Tena Prange x Kim Wright x Steven Ward (Seconded By)x 6 0 0 Motion CARRIED. Moved by Council Member Othoniel Sierra Seconded by Council Member Kim Wright MOTION TO MOVE INTO EXECUTIVE SESSION TO DISCUSS A PERSONNEL MATTER REGARDING THE CITY MANAGER AND PARKS BOND SIGNAGE, PURSUANT TO CRS 24-6-402(4)(F)(I). For Against Abstained Rita Russell x Othoniel Sierra (Moved By)x Joe Anderson x Tena Prange x Kim Wright (Seconded By)x Steven Ward x 6 0 0 Motion CARRIED. The meeting recessed at 10:31 p.m. to go into Executive Session. The meeting reconvened at 10:53 p.m. with six 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 Page 12 of 13 City Council Regular Page 54 of 278 City Council Regular November 18, 2024 Rita Russell x Othoniel Sierra (Moved By)x Joe Anderson x Tena Prange x Kim Wright (Seconded By)x Steven Ward x 6 0 0 Motion CARRIED. b) Council Members' Choice 13 City Manager’s Report 14 Adjournment MAYOR SIERRA MOVED TO ADJOURN. The meeting adjourned at 10:59 p.m. City Clerk Page 13 of 13 City Council Regular Page 55 of 278 MINUTES City Council Special Meeting Monday, November 25, 2024 1000 Englewood Pkwy – Council Chambers 6:00 PM 1 Call to Order The special meeting of the Englewood City Council was called to order by Mayor Sierra at 6:00 p.m. 2 Pledge of Allegiance The Pledge of Allegiance was led by Mayor Sierra. 3 Roll Call COUNCIL PRESENT:Mayor Othoniel Sierra Council Member Chelsea Nunnenkamp Council Member Tena Prange Council Member Rita Russell Council Member Steven Ward Council Member Kim Wright COUNCIL ABSENT: None STAFF PRESENT:Deputy City Manager Dodd City Attorney Niles Deputy City Clerk Harkness Director of Public Works Racheal Director of Community Development Power Chief Redevelopment Officer, Poremba, Community Development Traffic Engineering Manager Maxwell, Public Works Audio Visual Engineer Hessling, Information Technology System Administrator Munnell, Information Technology Police Chief Jackson Deputy Police Chief Fender Police Sergeant Mander 4 Vision Zero Update a) Director of Public Works Victor Rachael, and Traffic Engineering Manager Adam Maxwell were present to provide a Vision Zero update. 5 Natural Medicine Businesses Page 1 of 3 Page 56 of 278 City Council Special Meeting November 25, 2024 a) City Attorney Tamara Niles was present to provide an update on natural medicine businesses and potential City regulations. 6 Break - 10 minutes The meeting recessed at 8:03 p.m. for a break. The meeting reconvened at 8:10 p.m. with 6 Council Members present. 7 Resolutions a) Resolution authorizing the transfer of the ground lease on the former Weingarten property to New Englewood, LLC. Moved by Council Member Steven Ward Seconded by Council Member Chelsea Nunnenkamp RESOLUTION NO. 33 SERIES OF 2024 A RESOLUTION AUTHORIZING AN ASSIGNMENT OF THE AUGUST 4, 2000 CITY CENTER GROUND LEASE TO NEW ENGLEWOOD, LLC For Against Abstained Rita Russell x Tena Prange x Steven Ward (Moved By)x Othoniel Sierra x Chelsea Nunnenkamp (Seconded By) x Kim Wright x 6 0 0 Motion CARRIED. 8 Reports from Board and Commission Council Liaisons 9 Council Member’s Choice 10 City Manager’s Choice 11 Adjournment MAYOR SIERRA MOVED TO ADJOURN. The meeting adjourned at 8:30 p.m Deputy City Clerk Page 2 of 3 City Council Special Meeting Page 57 of 278 City Council Special Meeting November 25, 2024 Page 3 of 3 City Council Special Meeting Page 58 of 278 COUNCIL COMMUNICATION TO:Mayor and Council FROM:Christina Underhill, Kevin Engels DEPARTMENT:Finance, Parks, Recreation & Library DATE:December 2, 2024 SUBJECT: 2025 Mill Levy Ordinance: Parks and Recreation General Obligation Bond DESCRIPTION: Approval of the mill levy ordinance for the General Obligation (GO) Parks and Recreation Bond. The Arapahoe County deadline for certifying the 2025 mill levy is December 15th. RECOMMENDATION: Staff recommends that Council approve an ordinance setting the 2025 property tax mill levy to pay the 2025 debt service for the new Parks and Recreation General Obligation Bond (GO). 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. August 5, 2024, second reading for the ordinance. SUMMARY: On November 5, 2024 the voters of Englewood passed Ballot Issue No. 2C authorizing the City to issue $41,500,000 in General Obligation Bonds for the purpose of improving, repairing, Page 59 of 278 equipping and upgrading the City’s parks and recreation facilities and areas (collectively “Parks Improvements”). The election was certified on November 27, 2024. The Arapahoe County election results can be found here or (https://results.enr.clarityelections.com/CO/Arapahoe/122600/web.345435/#/detail/73) Ballot Issue No. 2C sets the maximum amount that can be borrowed at $41,500,000, the total 20 year maximum repayment period cost for both principal and interest at $72,000,000 and the annual debt service payment maximum at $4,000,000. In order to collect the property taxes sufficient to pay the 2025 estimated $4,000,000 debt service payments, the City needs to certify a mill levy with Arapahoe County by December 15, 2024. ANALYSIS: Arapahoe County provides the City with an estimated total assessed property valuation in August of each year. The 2024 estimated total City property valuation provided by the county is $1,058,057,041. The City uses this valuation to set the annual property tax mill levies. The City currently certifies two separate mill levy amounts each year. The 2024 mill levies that are to be collected in 2025 and that have been approved in the 2025 budget are: 5.880 mills for General Fund operations 2.122 mills to pay the debt service on the Englewood Police Headquarters Building General Obligation Bonds approved by Englewood Citizens on November 8, 2016 This ordinance will set a new, additional mill levy to pay the estimated $4,000,000 for 2025 debt service on the new Parks and Recreation General Obligation Bonds to be issued in 2025. Based on the assessed property valuation, the new mill levy will be set at 3.781. For comparison purposes, a homeowner with a home valued at $500,000 will pay the following estimated City of Englewood property taxes in 2025: Purpose Mill levy Amount General Fund Operations mill levy 5.880 $197 Police Headquarters bond mill levy 2.122 $71 Parks and Recreation bond mill levy 3.781 $127 Total estimated 2025 City of Englewood property taxes $395 2025 Englewood Parks and Recreation GO Bond Projects with Funding Cost RECREATION CENTER: $7,705,000 Total Building expansion $ 1,000,000.00 Construction costs $ 1,975,000.00 Locker Room Renovation $ 3,000,000.00 Surf Simulator $ - Page 60 of 278 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: $6,300,000 Lounge Pool/ Deep Water 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 : $6,945,000 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 $ 6,945,000.00 BELLEVIEW : $9,025,000 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 Page 61 of 278 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: $700,000 Nature Playground $ 250,000.00 ADA Pathways and Bridge $ 400,000.00 Landscape improvements $ 50,000.00 $ 700,000.00 Clarkson Amherst: $400,000 Nature playground $ 300,000.00 Community Garden $ 100,000.00 $ 400,000.00 Cushing: $600,000 Dog Park $ 100,000.00 Playground $ 450,000.00 Landscape improvements $ 50,000.00 $ 600,000.00 Emerson: $600,000 Playground $ 250,000.00 Picnic shelter $ 100,000.00 Landscaping $ 250,000.00 $ 600,000.00 Rotolo: $755,000 Restroom $ 450,000.00 Landscaping $ 305,000.00 $ 755,000.00 Northwest Greenbelt: $ 940,000 Restroom $ 400,000.00 Picnic Shelter $ 175,000.00 Page 62 of 278 Landscape improvements $ 200,000.00 Pathways $ 165,000.00 $ 940,000.00 Park Irrigation: $3,000,000 $ 3,000,000.00 $ 3,000,000.00 Permits and Project Manager $2,907,000 $ 500,000.00 $ 500,000.00 Total For Projects $ 41,500,000 COUNCIL ACTION REQUESTED: Staff recommends that Council approve an ordinance setting the 2025 property tax mill levy to pay the debt service for the new Parks and Recreation General Obligation Bonds to be issued in 2025. FINANCIAL IMPLICATIONS: The city will collect estimated additional property taxes of $4,000,000 dedicated for the payment of debt service for the new Parks and Recreation General Obligation Bonds. CONNECTION TO STRATEGIC PLAN: Governance: Assist the City to become fiscally accountable, transparent, effective and efficient. 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 Page 63 of 278 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. 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 July 24, 2024- Neighborhood Nights A variety of methods have been and will continue to be utilized to market the 2024 GO Bond initiative and projects. 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: Council Bill/Ordinance 2025 GO Bond mill levy presentation Page 64 of 278 ORDINANCE NO. ____ COUNCIL BILL NO. 61 SERIES OF 2024 INTRODUCED BY COUNCIL MEMBER ______________________ A BILL FOR AN ORDINANCE ESTABLISHING THE 2024 GENERAL OBLIGATION BOND MILL LEVY COLLECTED IN 2025 FOR PARKS IMPROVEMENTS WITHIN THE CITY OF ENGLEWOOD. WHEREAS, Article X, Section 20 of the Colorado Constitution, commonly known as TABOR restricts the City from raising mill levies without a vote of the citizens; and WHEREAS, on November 5, 2024 the citizens of Englewood passed Ballot Issue No. 2C for a General Obligation Bond; and WHEREAS, passage of Ballot Issue No. 2C authorized the City to issue $41.5 million in General Obligation Bonds for the purpose of improving, repairing, equipping and upgrading the City’s parks and recreation facilities and areas (collectively “Parks Improvements”); and WHEREAS, the mill levy enacted by this Ordinance is an incremental addition to mills to be levied and certified for the year 2024; and WHEREAS, based upon the assessed valuation for the City of Englewood, as certified by Arapahoe County Assessor, the estimated new assessed value of all properties in Englewood for 2024 is $1,058,057,041; and WHEREAS, the 2024 Mill to be collected in 2025 for the General Obligation Bond Debt Service for the Parks Improvements is 3.781 mills; and WHEREAS, the amount budgeted for the General Obligation Bond payment in 2025 will be $4,000,000.00. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. That there be and hereby is levied for the year of 2024, due and payable as required by statute in the year 2025, an incremental tax of 3.781 mills on the dollar for the General Obligation Bond Debt Service Fund of the City of Englewood, Colorado. That the levy hereinabove set forth shall be levied upon each dollar of the assessed valuation of all taxable property within the corporate limits of the City of Englewood, Colorado, and the said levy shall be certified by law. Section 2. General Provisions Page 65 of 278 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. 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. C. 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. D. 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 66 of 278 Page 67 of 278 Page 68 of 278 Page 69 of 278 Page 70 of 278 Page 71 of 278 COUNCIL COMMUNICATION TO:Mayor and Council FROM:Elizabeth Ramsey DEPARTMENT:City Manager's Office DATE:December 2, 2024 SUBJECT:Special Event Regulations DESCRIPTION: Ordinance to amend special event regulations in Title 5 RECOMMENDATION: Staff recommends that Council consider for approval an ordinance amending Englewood Municipal Code ("EMC") Section 5-20-1 for the purposes of modifying the name and definition of a special event. PREVIOUS COUNCIL ACTION: Council adopts the Economic Development Strategic Plan (November 7, 2022) Council approves modifications to the Strategic Plan, adding the project "Amend event and food truck permitting process" (March 13, 2023) Council approves modifications to the Strategic Plan, adding an expected delivery date of quarter 3 to the project "Amend event and food truck permitting process" (April 15, 2024) Council considers staff recommendations for code changes during a Study Session and provided feedback and direction (August 19, 2024) SUMMARY: Amending the event and food truck permitting process was identified as a short-range action item in the Economic Development Strategic Plan to address feedback from business owners and community members. It was later added to the Strategic Plan and assigned an expected delivery date of quarter three. A working group was assembled in April, 2024 with representatives from the City Manager's Office, PRLG, Community Development, City Clerk's Office, Finance, Public Works, Fire Marshal, and Information Technology. The primary goal of this group was to conduct a review of both event permitting and food vendor licensing processes. After a thorough review of best practices from other cities and internal needs, staff identified internal process improvements that could be made and developed recommendations to update Englewood Municipal Code, which were presented to Council on August 19, 2024 in a Study Session. Based on feedback and direction from Council during the Study Session, staff is proposing two main changes to the existing special event regulations for Council consideration: 1. Amend EMC 5-20-1 to change the name from “Special Events” to “Community Events” Page 72 of 278 2. Amend the definition of a special event to be a temporary event that meets one or more of the following criteria: a. Open to the public with an estimated attendance of more than 50 people, that substantially deviates from the current land use; b. Requires a full or partial closure for public streets or sidewalks, or that impacts the normal flow of pedestrian or vehicular traffic/controls; c. Held on, or will impact, City-owned property, including right-of-way; or d. Includes two or more vendors, or an exterior temporary structure subject to Englewood Fire Marshal regulations ANALYSIS: Background: Upon review of the event permitting process, two primary challenges were identified in EMC alongside needs for administrative process updates. In code, there is duplication of the term “special event,” and the definition of a special event as written in EMC 5-20-1 was found to be a source of confusion for community members and staff. After the August 19, 2024 Study Session, staff incorporated Council feedback to further simplify recommendations and drafted the attached ordinance with updated recommendations for Council consideration. Recommendation #1: Amend EMC 5-20-1 to change the name from “Special Events” to “Community Events” Background: Currently, there is a special event permit and a special event license referenced in code. The City Clerk is the Local Licensing Authority that issues special events permits pursuant to C.R.S. Title 44 Article 5, which are special events that will serve alcohol. The other exists in EMC 5-20-1, which regulates all other “special events” in the City. Rationale: Duplication of the term “special event” has been a source of confusion and frustration for community members who are trying to determine which license or permit is appropriate for their event. By renaming the special events in EMC 5-20-1 to “community events,” it would distinguish the two and provide clarity for community members. Recommendation #2: Amend the definition of a special event to be a temporary event that meets one or more of the following criteria: Open to the public with an estimated attendance of more than 50 people, that substantially deviates from the current land use; Requires a full or partial closure for public streets or sidewalks, or that impacts the normal flow of pedestrian or vehicular traffic/controls; Held on, or will impact, City-owned property, including right-of-way; or Includes two or more vendors, or an exterior temporary structure subject to Englewood Fire Marshal regulations Background: A special event is currently defined as “An activity or occurrence open to the public for which an admission fee may or may not be charged that does not occur on a regular basis.” (EMC 5-20-1). Due to the vague definition, over the years departments have adapted their own processes for permitting events that may not fall within this definition. Community members often seek clarity for if they need a special event permit, and due to the numerous processes become confused and frustrated by the different answers they receive. Page 73 of 278 Rationale: These criteria provide clear guidance for community members to evaluate their event to determine whether a license is needed, using tangible checkpoints of estimated attendance, location, and vendor presence. By combining elements of other City permits and processes into one singular definition, it will allow community members to make a “one-stop-shop" when determining if a license is needed. This is also expected to increase the consistency of processing among staff and reduce delays, miscommunications, and frustrations for community members. COUNCIL ACTION REQUESTED: Staff recommends that Council consider for approval an ordinance amending Englewood Municipal Code ("EMC") Section 5-20-1 for the purposes of modifying the name and definition of a special event FINANCIAL IMPLICATIONS: There are no anticipated financial implications CONNECTION TO STRATEGIC PLAN: Outcome Area: Economy Goal: Business Climate Key Project: “Amend event and food truck permitting processes” OUTREACH/COMMUNICATIONS: If passed, the definition and guidance will be communicated to the community through a website update, social media posts, and additional outreach techniques. ATTACHMENTS: CB #57 Ordinance - Amend Title 5 Chapter 20 5-20-1 Special Events v 2 Presentation - Special Event Code Update Recommendations Page 74 of 278 1 ORDINANCE COUNCIL BILL NO. 57 NO. INTRODUCED BY COUNCIL SERIES OF 2024 MEMBER ANDERSON AN ORDINANCE AMENDING ENGLEWOOD MUNICIPAL CODE TITLE 5 CHAPTER 20, SPECIAL EVENTS, TO CLARIFY REQUIREMENTS FOR REQUIRED EVENT LICENSES WITHIN THE CITY OF ENGLEWOOD WHEREAS, current Englewood Municipal Code requires a Special Events license for certain events within the City; and WHEREAS, confusion has resulted among event sponsors due to (a) the definition of an event requiring a license, and (b) the City has multiple licenses/permits designated for “Special Events”; and WHEREAS, the City desires to amend Title 5, Chapter 20, Special Events, to clarify requirements and eliminate such confusion, so that citizens may more easily apply and interpret Municipal Code requirements. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. Amendment of Englewood Municipal Code Title 5, Chapter 20, Special Events, of Englewood Municipal Code is hereby amended to read as follows (deleted provisions struck through; new provisions underlined): Chapter 20 - SPECIAL COMMUNITY EVENTS 5-20-1: - License RequiredDefinitions. A. A City Community Events license is required for any temporary activity that meets one or more of the following criteria: For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein: Special Event: An activity or occurrence open to the public for which an admission fee may or may not be charged that does not occur on a regular basis. 1. Open to the public with an estimated attendance of more than 50 people, that substantially deviates from the current land use; 2. Requires a full or partial closure for public streets or sidewalks, or that impacts the normal flow of pedestrian or vehicular traffic/controls; 3. Held on, or will impact, City-owned property, including right-of-way; or Page 75 of 278 2 4. Includes two or more vendors, or an exterior temporary structure subject to Englewood Fire Marshal regulations. B. Exception. No Community Events license shall be required for City-hosted events, or if another provision of Municipal Code authorizes all of the proposed temporary activity(ies) under a different City-issued license or permit. C. Term of Community Events License. 5-20-2: - License Required. It shall be unlawful to hold a special event without first obtaining a license except for the following: A. Functions and activities of governmental, religious and charitable organizations. 5-20-3: - Application for License. The application for a special events license shall be made in accordance with the provisions of Title 5, Chapter 1. 5-20-4: - Term of Special Events License. The lLicense shall expire upon completion of the event or seven (7) consecutive days which ever is shorter. A license shall not be issued for the same special event more than three (3) times in any calendar year. Each communityspecial event may run from one (1) to seven (7) consecutive days with at least five (5) days between events. (Ord. 97-22; Ord. 99-17) 5-20-25: - Special Events License Requirements. A. The license holder shall have Comprehensive General Liability Insurance with a minimum combined single limit of liability for bodily injury and property damage of one million dollars ($1,000,000.00) per occurrence and in the aggregate. B. The license holder shall provide a clean-up deposit in an amount acceptable to the City. The clean-up deposit will be returned in full or in part after inspection of premises. The license holder shall clean the site within twenty-four (24) hours after the special event is completed. C. A sales tax deposit shall be required for all licensees who do not hold a current City sales tax license required under Title 4 Chapter 4. D. All individual vendors participating in the communityspecial event must obtain the appropriate City license. DE. The license application must include: 1. wWritten approval for use of the event site, if not owned or leased by the applicant. Page 76 of 278 3 2. The applicant’s agreement to reimburse the City for all costs to repair or replace City property damaged, and to defend, indemnify and hold the City harmless from any claims, in connection with or arising out of the event. 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 Page 77 of 278 4 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 discovered during codification. 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 18th day of November, 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 78 of 278 Page 79 of 278 Page 80 of 278 Page 81 of 278 Page 82 of 278 Page 83 of 278 Page 84 of 278 Page 85 of 278 Page 86 of 278 Page 87 of 278 Page 88 of 278 Page 89 of 278 COUNCIL COMMUNICATION TO:Mayor and Council FROM:Kennetha Julien DEPARTMENT:Municipal Court DATE:December 2, 2024 SUBJECT:Reappoint Associate Municipal Court Judge Sprecace DESCRIPTION: Reappoint Municipal Court Judge Sprecace RECOMMENDATION: Article IX, Part II, Section 68, of the Englewood Home Rule Charter, “Council may appoint one or more associate judges, who shall sit at such times and upon such causes as shall be determined by the presiding municipal judge.” The Court recommends Judge David A. Sprecace be reappointed as Associate Municipal Judge. Judge Sprecace was most recently reappointed in 2021 for a four year term. SUMMARY: Judge Sprecace has served as Associate Municipal Judge since 2004. Judge Sprecace is one of our Judges that covers when needed. His term expires in January 2025 and City Council needs to reappoint him so that he may conduct business of the bench. COUNCIL ACTION REQUESTED: Reappoint Judge Sprecace as Associate Municipal Judge for a four year term commencing January 2025 expiring January 2029. FINANCIAL IMPLICATIONS: The funding sources for this resolution are budgeted in the 2025 budget from the General Fund for the Municipal Court. Page 90 of 278 1 RESOLUTION NO. SERIES OF 2024 A RESOLUTION APPOINTING DAVID A. SPRECACE AS AN ASSOCIATE MUNICIPAL JUDGE FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, pursuant to Article IX, Part II, Section 68, of the Englewood Home Rule Charter, "Council may appoint one or more associate judges, who shall sit at such times and upon such causes as shall be determined by the presiding municipal judge;" and WHEREAS, Englewood Municipal Court Associate Judges are appointed for four-year staggered terms; and WHEREAS, David A. Sprecace was appointed as Associate Municipal Judge by Resolution No. 5 Series of 2021 for a four-year term, expiring January 21, 2025; and WHEREAS, Presiding Municipal Court Judge Joe Jefferson requests City Council re-appoint David A. Sprecace to a four-year term as Associate Judge for the City of Englewood Municipal Court. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. David A. Sprecace shall be and hereby is appointed as Associate Municipal Judge in and for the City of Englewood, Colorado, for a term commencing January 20, 2025 and expiring January 19, 2029. ADOPTED AND APPROVED this 2nd day of December, 2024. Othoniel Sierra, Mayor ATTEST: __________________________________ Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. , Series of 2024. ______________________________ Stephanie Carlile Page 91 of 278 COUNCIL COMMUNICATION TO:Mayor and Council FROM:Kennetha Julien DEPARTMENT:Municipal Court DATE:December 2, 2024 SUBJECT:Reappoint Associate Municipal Court Judge Charlton DESCRIPTION: Reappoint Municipal Court Judge Charlton RECOMMENDATION: Article IX, Part II, Section 68, of the Englewood Home Rule Charter, “Council may appoint one or more associate judges, who shall sit at such times and upon such causes as shall be determined by the presiding municipal judge.” The Court recommends Judge Klaralee Charlton be reappointed as Associate Municipal Judge. Judge Charlton was previously appointed in 2020 for a four year term. SUMMARY: Judge Charlton has served as Associate Municipal Judge since 2020. Judge Charlton is one of our Judges that regularly covers our Sunday in custody hearings. Her term has expired and City Council needs to reappoint her so that she may conduct business of the bench. COUNCIL ACTION REQUESTED: Reappoint Judge Charlton as Associate Municipal Judge for a four year term commencing December 2, 2024 expiring December 31, 2028. FINANCIAL IMPLICATIONS: The funding sources for this resolution are budgeted in the 2025 budget from the General Fund for the Municipal Court. Page 92 of 278 1 RESOLUTION NO. SERIES OF 2024 A RESOLUTION APPOINTING KLARALEE R. CHARLTON AS AN ASSOCIATE MUNICIPAL JUDGE FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, pursuant to Article IX, Part II, Section 68, of the Englewood Home Rule Charter, "Council may appoint one or more associate judges, who shall sit at such times and upon such causes as shall be determined by the presiding municipal judge;" and WHEREAS, Englewood Municipal Court Associate Judges are appointed for four-year staggered terms; and WHEREAS, Klaralee R. Charlton was appointed as Associate Municipal Judge by Resolution No. 23 Series of 2020 for a four-year term, expiring August 16, 2024; and WHEREAS, Presiding Municipal Court Judge Joe Jefferson requests City Council re-appoint Klaralee R. Charlton to a four-year term as Associate Judge for the City of Englewood Municipal Court. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. Klaralee R. Charlton shall be and hereby is appointed as Associate Municipal Judge in and for the City of Englewood, Colorado, for a term commencing December 02, 2024 and expiring December 01, 2028. ADOPTED AND APPROVED this 2nd day of December, 2024. Othoniel Sierra, Mayor ATTEST: __________________________________ Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. , Series of 2024. ______________________________ Stephanie Carlile Page 93 of 278 COUNCIL COMMUNICATION TO:Mayor and Council FROM:Kennetha Julien DEPARTMENT:Municipal Court DATE:December 2, 2024 SUBJECT:Resolution to Increase Associate Judges Salary DESCRIPTION: Increase Associate Judges Salary RECOMMENDATION: Associate Municipal Court Judge salaries should be increased from $80 per hour to $100 per hour. PREVIOUS COUNCIL ACTION: The Associate Municipal Court Judge salaries were set at $80 per hour by resolution November 21, 2022. SUMMARY: Effective July 1, 2024, the Colorado Supreme Court updated Chief Justice Directive 04-04 setting an hourly rate of $100 per hour for court appointed attorneys handling misdemeanor, traffic and petty offenses for adults and juveniles. The associate judges currently receive $80 per hour when they sit as judge in our court. COUNCIL ACTION REQUESTED: Increase Associate Municipal Judge salaries to $100 per hour. FINANCIAL IMPLICATIONS: The funding sources for this resolution are budgeted in the 2025 budget from the General Fund for the Municipal Court. Page 94 of 278 1 RESOLUTION NO. SERIES OF 2024 A RESOLUTION TO INCREASE THE HOURLY RATE OF COMPENSATION FOR ASSOCIATE MUNICIPAL JUDGES. WHEREAS, pursuant to Article IX, Part II, Section 68, of the Englewood Home Rule Charter, "The associate judge’s salary shall be determined by Council;" and WHEREAS, Council previously passed Resolution No. 38 Serious of 2022 establishing the compensation for Municipal Court Associate Judges at $80.00 per hour; and WHEREAS, the Englewood Municipal Court requests City Council establish compensation for Municipal Court Associate Judges to match the rate of Court- Appointed Defense Counsel; and WHEREAS, the hourly rate of compensation for Court-Appointed Defense Counsel is set using the rate of compensation for attorney’s that contract with the State Office of Alternate Defense Counsel. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. Effective January 1, 2025, Englewood Municipal Court Associate Judges shall be compensated at the rate of $100.00 per hour (or an increase of $20.00 per hour), to match the rate paid to the City’s Court-Appointed Defense Counsel. ADOPTED AND APPROVED this 2nd day of December, 2024. Othoniel Sierra, Mayor ATTEST: __________________________________ Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. , Series of 2024. ______________________________ Stephanie Carlile Page 95 of 278 COUNCIL COMMUNICATION TO:Mayor and Council FROM:Kennetha Julien DEPARTMENT:Municipal Court DATE:December 2, 2024 SUBJECT:Presiding Judge Salary Increase DESCRIPTION: Presiding Judge Salary Increase RECOMMENDATION: The annual salary for the Presiding Municipal Court Judge should be increased by at least two percent (2%) to match the minimum given to all employees in 2025. The Presiding Judge was granted minimal increases over the past couple years. The City of Englewood conducted a Class and Compensation Study, which did not include elected officials, and salaries increased in many instances an additional 5-10+% in 2023 and 2024.Council should review the salary survey provided by HR, which establishes market rate for a full time presiding municipal judge in the metro area in 2024, and consider increasing the salary of the Presiding Judge closer to market rate in 2024. Although we know that most of the comparable positions will receive an additional unknown increase in 2025. We believe the information provided is enough to consider a larger increase in 2025. The increase approved by City Council should commence the first pay period of January 2025. PREVIOUS COUNCIL ACTION: On June 3, 2024, Council approved a five percent (5%) increase in salary for the Presiding Municipal Court Judge for 2024 to be paid retroactively to January 1, 2024. SUMMARY: Although both City Charter and Ordinances are silent on the specifics of setting the Presiding Judge’s salary, pursuant to City Council Policy Manual, City Council is responsible for establishing the salary for the Presiding Municipal Court Judge annually, prior to the end of each calendar year, after reviewing an annual salary survey of other full-time presiding municipal judges in the metro area. ANALYSIS: Human Resources surveyed the following nine cities in preparation for this resolution: Arvada, Boulder, Broomfield, Fort Collis, Greeley, Lakewood, Longmont, Thornton, and Westminster. After review of the previous survey results that were prepared for the last Council action on this in June, the Court conducted an independent inquiry after finding some inaccuracies and an underreported salary, likely due to lack of response and the timing of the survey. The Court was then able to find current, self-reported data from May of 2024 for Arvada, Boulder, Broomfield, Page 96 of 278 Fort Collins, Greeley, Lakewood, Longmont, Loveland, Thornton, and Westminster through contacts with the Colorado Municipal Judges Association but has not yet confirmed the data with each Judge independently. However, we believe the data that was shared with the Court to be accurate and much of that information was again confirmed in the data contained within the newest HR survey. In the most recent survey by HR that provides more information than ever before, we believe the Greeley salary to be inaccurate based on our data, so we recommend that we simply remove that one. Based on information received earlier this year, the Presiding Greeley Municipal Judge had a salary of $184,838 with unknown increases for 2024 or 2025. Finally, we asked HR to provide similar format for data reporting for our Presiding Judge and the “Leaves” section seems inaccurate as they are inapplicable to the elected position. Therefore, we removed that information as well. COUNCIL ACTION REQUESTED: The annual salary for the Presiding Municipal Court Judge for 2024, $178,455, should be increased to closer to market rate or no less than by at least two percent (2%), commencing with the first pay period of January 2025 and shall be retroactive to that date, if decided after January 1, 2025. Two percent is an increase of $3,569.10 and every additional percent is an increase of $1,784.55 annually. FINANCIAL IMPLICATIONS: The Presiding Judge salary with an increase is included in the Council approved 2025 Municipal Court budget for personnel that Council approved. Any additional market rate increase would be absorbed by the approved budget for 2025. CONNECTION TO STRATEGIC PLAN: The elected Presiding Municipal Court Judge is a direct relation to the safety portion of the strategic plan. ATTACHMENTS: 2024 Judge Salary Survey provided by HR Page 97 of 278 Page 98 of 278 Page 99 of 278 RESOLUTION NO. ____ SERIES OF 2024 A RESOLUTION ESTABLISHING THE ANNUAL SALARY FOR THE MUNICIPAL COURT JUDGE OF THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, Article IX, Part II, of the Englewood Home Rule Charter places responsibility for establishing the salary for the Municipal Court Judge with the City Council; and WHEREAS, on the 3rd day of June, 2024, City Council adopted Resolution No. 20, establishing $178,455 as the Municipal Court Judge’s 2024 annual salary for the 2024 calendar year; and WHEREAS, City Council approved the 2025 City of Englewood budget, which included a 2 percent increase in City employee salaries; and WHEREAS, in order to increase the salary of the Municipal Court Judge, City Council must specifically authorize the salary increase. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The annual base salary for the Municipal Court Judge shall be increased by _____ percent, to $____________ commencing with the first pay period of January, 2025. ADOPTED AND APPROVED this ________ day of _______________, 2024. _______________________________ Othoniel Sierra, Mayor ATTEST: __________________________________ Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. ____, Series of 2024. ______________________________ Stephanie Carlile Page 100 of 278 COUNCIL COMMUNICATION TO:Mayor and Council FROM:Jeremiah Stumpff, Shannon Buccio DEPARTMENT:Parks, Recreation & Library DATE:December 2, 2024 SUBJECT:Golf Action Plan for Broken Tee Golf Course DESCRIPTION: Golf Action Plan for Broken Tee Golf Course RECOMMENDATION: Staff recommends that the Council approve the Broken Tee Golf Course Action Plan ("Action Plan"), designed to support a program that provides a quality golf experience at affordable prices which supports the long-term financial sustainability of the Broken Tee Golf Course ("Broken Tee"). PREVIOUS COUNCIL ACTION: None SUMMARY: Broken Tee opened as a golf course in the early 1970s, starting with a nine hole golf course. The clubhouse was built in 1977, it became an 18 hole course in 1983, and a par three course opened in 1995. Over the last several years, as funding allowed, improvements were made including the redevelopment of the front nine holes and par three course, driving range, and practice areas between 2006 and 2008. In 2022, a full irrigation system replacement occurred on the back nine holes in 2022. Over the past year, Broken Tee worked with two different consultants to develop an Action Plan that would recommend course and clubhouse investments, as well as a review of pricing models and structures, to provide a quality golf experience at affordable pricing. The Action Plan includes an assessment of how the pricing model at Broken Tee matches to other courses in the Denver Metro Area, as well as needed capital improvements, both for indoor facilities as well as holes on the golf course. Additionally, if the Action Plan is approved, staff plans to launch an initiative to share information on enhancements with users and the public to provide information on the quality, affordable experience offered at Broken Tee. ANALYSIS: Page 101 of 278 Golf in the Region and Nationwide Golf participation and rounds demand grew approximately 16% since 2020, after a decline of about the same amount between 2002 and 2019. In the Denver Metro Region, several municipal golf facilities exist, including those that are privately owned. Broken Tee is classified as a "Public Value" golf course in the mid-priced segment within the Denver Market Area (DMA), and functions on par with other Public Value golf courses in a thirty minute driving range from Denver. History of Broken Tee In the 1970s, Englewood Golf Course was established with 9 holes on the west side of the Platte River, and the clubhouse was completed in 1977. The course expanded to 18 holes in 1983, and a Par 3 9-hole course was introduced in 1994. In 2008, the facility was renamed Broken Tee Golf Course after significant upgrades, including a redeveloped Front 9, a new Par 3 course, and a driving range and practice area. By 2022, $1.8 million had been saved to replace the irrigation system on the Back 9. While these enhancements took years to complete, Broken Tee is now experiencing an unprecedented era of growth and opportunity. While the golf facility experienced success before COVID-19, the industry faced stagnation, resulting in insufficient net revenue for substantial improvements. However, what Broken Tee and the golf industry are witnessing in the post-COVID landscape is truly exciting! Golf has evolved into a fun, social recreational sport for everyone, attracting a new wave of enthusiastic golfers who are discovering the joys of the game. Over the past years, Broken Tee has seen an increase in revenue each year: Year Revenue 2021 $2,218,924 2022 $2,814,598 2023 $3,082,806 2024 (through September, 2024) $3,249,770 Broken Tee Financial Performance Based on current projections, Broken Tee is projected to generate consistent earnings before interest, taxes, depreciation, and amortization (EBITDA) cash flows in excess of $500,000 starting in 2025 for the next five years. This projection is based on modest rate increases which will be designed to ensure that revenue goals can be met while being competitive with other similarly situated public value courses in the Denver Metro Area. Positive factors expected to impact the finances of Broken Tee include: Strong Denver Metro Area market dynamics; Strong performance at Broken Tee over the last few years; Expectation that enhancements to the course and facilities could increase use; and Unlikely emergence of new competitors. Action Plan Objectives Broken Tee Golf Course aims to capitalize on the current favorable conditions in the golf industry and our positive revenue flow to implement essential updates and improvements. Objectives of the Action Plan include: 1. Facility and course improvements-Address critical updates to enhance the overall experience for our guests. Page 102 of 278 2. Project prioritization-Identify and rank projects based on their importance and available financial resources. 3. Timeline development-Create a structured timeline for project completion over the next 5-7 years. 4. This action plan is a strategic approach to ensure Broken Tee Golf Course remains competitive and appealing, positioning us for continued success in the evolving golf landscape. Identified Funding Needs Facility projects include: Project Description Expected Cost Clubhouse exterior Replace siding, windows, and gutters Estimated to be between $323,000 to $400,000 Roof Replace flat roof area and add metal roof coating Estimated at $131,000 Exterior wall insulation This item may need to be replaced if damaged Estimated at $19,874 Drain lines Replace cast iron pipes under clubhouse Estimated at $25,152 Golf course needs include: Project Description Expected Cost Pump station repairs Front nine (pump and motors, control panel and filtration system), and back nine (control panel only) $300,000 Drainage Rebuild catch basins, additional drainage needed especially on the west side of the river $200,000 Water quality improvements Pond aeration, bank stabilization, water treatment, and goose deterrents $400,000 Accessibility Practice facility improvements and additional teeing areas for all skill levels $2,400,000 Upkeep and expected standards of golf course conditions Golf cart path repair, tree re=planting, bunker renovation, irrigation, head replacement, and tee leveling $5,600,000 Proposed Rate Structures The development of future rate structures would include: Page 103 of 278 Market analysis; Assessment of current fees and state of golf in the region; Progress of Action Plan; Patron satisfaction; and Agronomic results. Additional ideas to generate revenue include: Advertisement sponsors; Hosting of more special events and tournaments; Revision of fee structures with food and beverage vendor for revenue sharing; Driving range tee expansion; Heated bays or simulators for winter use; Memorial tree program; Pay to use putting course and practice area; and New golf management point of sale system. COUNCIL ACTION REQUESTED: Staff recommends that the Council approve the Broken Tee Golf Action Plan, designed to support a program that provides a quality golf experience at affordable prices, supporting the long-term financial sustainability of the Broken Tee Golf Course. FINANCIAL IMPLICATIONS: Though Broken Tee Golf Course is a city facility, it operates as an enterprise fund, making it essential to closely monitor the budget while prioritizing projects to enhance our patrons' golfing experience. The Finance Department estimates a fund balance of $700,000 at the end of 2024. The golf team aims to focus on two major projects for 2025: the Front 9 pump station and the clubhouse exterior, with a combined cost estimate of $781,000. To avoid depleting the fund, options include proceeding with the pump station early in 2025 and delaying the clubhouse project to Fall 2025 or seeking a short-term loan to complete it in Spring 2025. Completing the clubhouse in Spring would provide visible improvements for patrons, especially with fee increases planned for 2025. CONNECTION TO STRATEGIC PLAN: Community Wellbeing: Broken Tee Golf Course will continue to provide a unique recreational opportunity for the community through enhanced improvements to the clubhouse, both golf courses, and the practice area. We are committed to ensuring affordability and access for all community members. Sustainability: Maintaining turf quality on the east side holes, which were constructed on a former dump site, has been a persistent challenge. These holes are the first encountered by our patrons, and visible improvements would greatly enhance their overall playing experience. Upgrading the outdated pump station on the Front 9 will improve water quality and turf health, as well as increase water efficiency. Our Agronomics Team has identified several irrigation heads and drain lines that require replacement, and they have already replaced over 100 heads in 2024. This offseason, the team will begin replacing sunken drain basins and lines to address bare and over-watered areas on the course. These in-house initiatives will significantly enhance turf quality and water efficiency. Page 104 of 278 OUTREACH/COMMUNICATIONS: The goal of our communication strategy is to keep all stakeholders informed about the progress of each project while ensuring transparency throughout the execution process. Broken Tee will collaborate closely with Communications Director Harguth to deliver steady and consistent updates using a variety of communication tools, including the Englewood Engaged website, Broken Tee's website, email notifications, social media, newsletters, and on-site signage and posters. ATTACHMENTS: Golf Action Plan PowerPoint Presentation Pellucid/Edgehill Golf Advisor Site Visit/Executive Summary Report Phelps Design Master Plan Page 105 of 278 Page 106 of 278 Page 107 of 278 Page 108 of 278 Page 109 of 278 Page 110 of 278 Page 111 of 278 Page 112 of 278 Page 113 of 278 Page 114 of 278 Page 115 of 278 Page 116 of 278 Page 117 of 278 Rounds Page 118 of 278 EBITDA Page 119 of 278 Page 120 of 278 Page 121 of 278 Page 122 of 278 Page 123 of 278 Page 124 of 278 Page 125 of 278 Page 126 of 278 Page 127 of 278 Page 128 of 278 Page 129 of 278 Page 130 of 278 Page 131 of 278 Page 132 of 278 Page 133 of 278 Page 134 of 278 Page 135 of 278 Page 136 of 278 Page 137 of 278 Page 138 of 278 Page 139 of 278 Page 140 of 278 Page 141 of 278 Page 142 of 278 Page 143 of 278 Page 144 of 278 Page 145 of 278 Page 146 of 278 Page 147 of 278 Page 148 of 278 Page 149 of 278 Page 150 of 278 Page 151 of 278 Page 152 of 278 Page 153 of 278 Page 154 of 278 Page 155 of 278 Page 156 of 278 Page 157 of 278 Page 158 of 278 Page 159 of 278 Page 160 of 278 Page 161 of 278 Page 162 of 278 Page 163 of 278 Page 164 of 278 Page 165 of 278 Page 166 of 278 Page 167 of 278 Page 168 of 278 Page 169 of 278 Page 170 of 278 Page 171 of 278 Page 172 of 278 Page 173 of 278 Page 174 of 278 Page 175 of 278 Page 176 of 278 Page 177 of 278 Page 178 of 278 Page 179 of 278 Page 180 of 278 Page 181 of 278 Page 182 of 278 Page 183 of 278 Page 184 of 278 Page 185 of 278 Page 186 of 278 Page 187 of 278 Page 188 of 278 Page 189 of 278 Page 190 of 278 Page 191 of 278 Page 192 of 278 Page 193 of 278 Page 194 of 278 Page 195 of 278 Page 196 of 278 Page 197 of 278 Page 198 of 278 Page 199 of 278 Page 200 of 278 Page 201 of 278 Page 202 of 278 Page 203 of 278 Page 204 of 278 Page 205 of 278 Page 206 of 278 Page 207 of 278 Page 208 of 278 Page 209 of 278 COUNCIL COMMUNICATION TO:Mayor and Council FROM:Tim Dodd DEPARTMENT:City Manager's Office DATE:December 2, 2024 SUBJECT: Approval of Amended Intergovernmental Agreement (IGA) with Arapahoe County for a Tri-Cities Homelessness Coordinator DESCRIPTION: Approval of Amended Intergovernmental Agreement (IGA) with Arapahoe County for a Tri-Cities Homelessness Coordinator RECOMMENDATION: Staff recommends that Council consider approval, by motion, of the attached amendment to the attached Intergovernmental Agreement (IGA) between the Cities of Englewood, Littleton, and Sheridan and Arapahoe County to continue the Tri-Cities Homelessness Coordinator position and related Tri-Cities Homelessness Action Plan ("Action Plan") projects. PREVIOUS COUNCIL ACTION: Tri-Cities joint Council meeting (November 21, 2024) Study Session overview of the City's efforts relative to homelessness as part of the Tri- Cities Homeless Policy Committee (September 9, 2024) Study Session update on the progress of the Action Plan (July 24, 2023) Council Bill 10- Second Reading- Approval of an ordinance amending the scope of an intergovernmental agreement with Arapahoe County and the Cities of Littleton and Sheridan for implementation of the Tri-Cities Homelessness Plan of Action (March 20, 2023) Council Bill 10- First Reading- Approve a bill for an ordinance amending the scope of an intergovernmental agreement with Arapahoe County and the Cities of Littleton and Sheridan for implementation of the Tri-Cities Homelessness Plan of Action (February 21, 2023) Council Bill 9- Second Reading- Approval of an ordinance authorizing an Intergovernmental Agreement for the Provision of Homelessness Coordinator Services (March 7, 2022) Council Bill 9- First Reading- Approval of a bill for an ordinance authorizing an Intergovernmental Agreement for the Provision of Homelessness Coordinator Services (February 22, 2022) Tri-Cities Homelessness Plan of Action approval (September 7, 2021) Discussion of the draft Tri-Cities Homelessness Plan of Action (July 12, 2021) Update regarding the Tri-Cities Homelessness Study (July 13, 2020) Council Bill 22- First Reading- Approval of an ordinance authorizing an IGA with the Cities of Littleton, Sheridan, and Arapahoe County for the purpose of developing a Tri- Cities Homelessness Plan of Action (June 21, 2021) Page 210 of 278 Proposed Tri-Cities IGA for Homelessness Assessment (Jun 17, 2019) SUMMARY: In 2021, Councils from the Cities of Englewood, Littleton, and Sheridan adopted, by motion, the Action Plan. The document included recommendations and action steps (projects organized into four themes: (1) Governance; (2) Single Adult System; (3) Workforce Development; and (4) Family System. Intended as three-year implementation plan, the Action Plan is set to expire on December 31, 2024. As part of the governance theme, the hiring of a Tri-Cities Homelessness Coordinator ("Coordinator") assisted the cities by providing project capacity; liaising with the County and other governmental and external entities; troubleshooting and coordinating the completion of projects; and tracking data towards performance metrics. Of the 30 action steps included in the original plan, 17 have been completed and most of the others are in progress. Staff recommends that Council consider of approval of this IGA to provide funding to continue the Coordinator position and to complete projects included in the original Action Plan. Following up from the joint Tri-Cities Council meeting on Thursday, November 21, 2024, an updated Action Plan will be brought forward to the three City Councils in January, 2025 for consideration of approval. ANALYSIS: Action Plan Overview For the last three and a half years, the Cities of Englewood, Littleton, and Sheridan collaborated on issues related to regional homelessness through the Tri-Cities Homelessness Policy Committee ("Tri-Cities"). In the summer of 2020, Tri-Cities contracted with the University of Denver (DU) to conduct studies to better understand the root causes of chronic (individual) and family homelessness in the region. After reviewing these studies, the City Councils of the Cities of Englewood, Littleton, and Sheridan met together on January 28, 2021 and gave support to contracting with a consultant to develop a Tri-Cities Homelessness Plan of Action ("the Plan"). Finalized in the summer of 2021 and adopted by all three City Councils, the Plan includes several projects and initiatives organized around four themes: Governance; Single Adult System; Family System; and Workforce Development. Accomplishments to Date Since the establishment of the Action Plan in 2021, the Coordinator worked to manage or assist in the completion of 17 of the 30 action steps included in the Action Plan, as well as to begin working on most of the remaining 13 projects. Major projects in the Action Plan completed over the course of the last three years include: Building a strong governance structure through the implementation of the Coordinator role, a lived experience advisory board, and increasing staff capacity to address challenges (Governance); Formalized a data-driven approach through the increased use of the homelessness management information system (HMIS); increased referrals to the OneHome Coordinated Entry system, and developed a system of tracking and reporting on plan implementation and outcome achievement (Governance); Page 211 of 278 Created a community education and engagement strategy including the launch of a centralized Tri-Cities webpage and welcome home community engagement program (Governance); Streamlined access to homeless services for single adults within the region through the establishment of a navigation center (Single Adult System); Provided street-based services including the launch of a coordinated outreach team and continued support of local meal and food distribution programs (Single Adult System) Created partnerships with existing workforce programs including Bridge House and CrossPurpose (Workforce Development); and Streamlined access to homelessness services and prevention for families through engaging local school districts as partners (Family System). Benefits of a Coordinator Benefits of a Coordinator include: Capacity for the three cities to work on homelessness-related projects, as all three cities lack staff positions dedicated to homelessness coordinator; Efficient and effective tracking of all projects and data towards all performance metrics in the Action Plan; Troubleshooting challenges with program and project implementation; Understanding the needs of nonprofit organizations and identifying how they can best partner with the cities; and Serving as a liaison with Arapahoe County, the State of Colorado, and other external agencies to ensure that the cities are up to date on trends and funding opportunities. While the Coordinator, nor the Tri-Cities Policy Committee, provide direct services, the Coordinator plays a key role in connecting nonprofit service providers, understanding their needs, and working to build partnerships between nonprofit service providers and municipal governments. IGA Overview The IGA continues the Coordinator position, with funding approval each year, through the end of 2027. In addition to funding for this position at a cost of $120,000 per year (including benefits and related costs), the IGA includes $185,000 in funding to complete projects in the Action Plan. The total cost, including an additional $62,500 from the City of Littleton, is $487,000, with the City of Englewood, if approved, paying a total of $170,000. Under the terms of the IGA, Arapahoe County will provide the Coordinator with: General oversight; Employment; Materials and workspace, including a computer, County email address, and cell phone; and Funding for projects reviewed and approved by the Board of County Commissioners. The Cities agree to provide funding for the Coordinator position and projects, and ensure that the Action Plan is up to date through the Coordinator's period of employment. Reporting will include: Tri-Cities- on a monthly basis, the Coordinator will file a short report and present it to the monthly meeting of the Tri-Cities Homelessness Policy Committee; Program Administration- On a monthly basis, the Coordinator will meet with the Tri-Cities designated management to discuss progress and plans; Reporting- The Coordinator will, on a quarterly basis, update performance data towards metrics in the Action Plan on teh Tri-Cities website; Page 212 of 278 Councils and Board of County Commissioners- On an annual basis, the Coordinator will file a report and present it to scheduled meetings of each of the three City Councils as well as the Arapahoe County Board of County Commissioners; and Annual Report- On an annual basis, the coordinator will develop an annual report which will contain details on the status of each project and data towards each metric. Action Steps (Projects) The work of the Coordinator will focus on coordinating and overseeing the implementation of projects included in the Tri-Cities Action Plan. While the final version of the Action Plan extension will go before the three Councils in early 2025 for approval, the draft plan includes six projects which require funding, which would come from American Rescue Plan Act (ARPA) funds: Action Plan Theme Action Step Cost Single Adult Theme Create an online platform to request homeless services $10,000 Single Adult Theme Pilot a safe parking program $25,000 Single Adult Theme Strengthen outreach to landlords $25,000 Single Adult Theme Sponsor a permanent supportive housing feasibility analysis $50,000 Family System Theme Designate a lead service provider $50,000 Family System Theme Develop a peer-based support model $25,000 Time Period The time period of the agreement will run for two years, beginning on January 1, 2025 and ending on December 31, 2027. The agreement can be renewed for additional one-year periods by written agreement of the parties after the initial term expires. COUNCIL ACTION REQUESTED: Staff recommends that Council consider approval, by motion, of the attached amendment to the attached Intergovernmental Agreement (IGA) between the Cities of Englewood, Littleton, and Sheridan and Arapahoe County to continue the Tri-Cities Homelessness Coordinator position and related Tri-Cities Homelessness Action Plan ("Action Plan") projects. FINANCIAL IMPLICATIONS: Per a recommendation of members of Council, staff worked with the Cities of Littleton and Sheridan to modify the funding structure to better represent the size of each of the three cities. The IGA amendment modifies the funding structure so that the City of Littleton will now pay 50% of the total, the City of Englewood will pay 40%, and the City of Sheridan will pay 10%. Funds for all of these projects, as well as the salary and benefits for the Coordinator, will come from American Rescue Plan Act (ARPA) funding. Funder Coordinator Coordinator Projects Total Cost Per Page 213 of 278 Year #1 Year #2 (If approved) Funder City of Littleton- 50%$60,000 $60,000 $92,500 $275,000* City of Englewood- 40% $48,000 $48,000 $74,000 $170,000 City of Sheridan- 10%$12,000 $12,000 $18,500 $42,500 Total $120,000 $120,000 $185,000 $487,500 *The City of Littleton agreed to pay an additional $65,000 towards the completion of the IGA. CONNECTION TO STRATEGIC PLAN: Outcome area: Community Wellbeing Goal: Homelessness Services and Mitigation Plug in Plan: Determine whether the Tri-Cities Homelessness Plan of Action should be extended past the three year period. OUTREACH/COMMUNICATIONS: In developing the Tri-Cities Homelessness Action Plan, over 50 stakeholders, including nonprofit service providers and government officials, were interviewed. Upon completion, the Action Plan was presented to various stakeholder groups such as the Greater Englewood Chamber of Commerce and the Englewood Rotary Club. The cities also worked together to develop a Tri-Cities Homelessness Policy Committee website which includes dashboards with performance data towards identified metrics, as well as ways that the community can help with the efforts of Tri-Cities and assist people experiencing homelessness. ATTACHMENTS: CB #62 IGA Amended Tri-Cities Homelessness Coordinator SR IGA Amendment- Tri-Cities Homelessness Coordinator Presentation- Tri-Cities Coordinator IGA Amendment Page 214 of 278 1 ORDINANCE COUNCIL BILL NO. 62 NO. _____________ INTRODUCED BY COUNCIL SERIES OF 2024 MEMBER _________________ A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITIES OF SHERIDAN, ENGLEWOOD, LITTLETON, AND THE COUNTY OF ARAPAHOE COLORADO FOR THE DEVELOPMENT OF A TRI- CITIES HOMELESSNESS COORDINATOR POSITION WHEREAS, in 2019 the Cities of Sheridan, Englewood, Littleton, and Arapahoe County engaged the University of Denver Graduate School of Social Work to perform an initial assessment to analyze persons experiencing homelessness; and WHEREAS, in 2021 at the conclusion of the initial assessment the Englewood City Council authorized an Intergovernmental Agreement with the Cities of Sheridan, Littleton, and Arapahoe County for the the purpose of developing a Tri-Cities Homelessness Plan of Action engaging Florence Aliese Advancement Network, LLC to develop the plan; and WHEREAS, the Tri-Cities Homelessness Plan of Action developed by Florence Aliese Advancement Network, LLC identified stakeholder roles and responsibilities; and WHEREAS, in 2022 the Englewood City Council authorized an Intergovernmental Agreement with the Cities of Sheridan, Littleton, and Arapahoe County for the development of a Tri-Cities Homelessness Coordinator position; and WHEREAS, in 2023 the Englewood City Council authorized an Amended Intergovernmental Agreement with the Cities of Sheridan, Littleton, and Arapahoe County for the development of a Tri-Cities Homelessness Coordinator position amending the scope of the agreement; and WHEREAS, the Parties have updated the Tri-Cities Homeless Plan of Action to reflect work completed by the Tri-Cities Homeless Coordinator over the last two year period and to reflect the focus of work for the upcoming two year period; and WHEREAS, in order to continue with the Tri-Cities Homeless Plan of Action the City of Englewood must enter into an Intergovernmental Agreement to fund the Tri- Cities Homelessness Coordinator position; 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 215 of 278 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 Cities of Sheridan, Littleton, and Arapahoe County Colorado for the Development of a Tri-Cities Homelessness Coordinator Position, 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 Page 216 of 278 3 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. Page 217 of 278 Page 218 of 278 Page 219 of 278 Page 220 of 278 Page 221 of 278 Page 222 of 278 Page 223 of 278 Page 224 of 278 Page 225 of 278 Page 226 of 278 Page 227 of 278 Page 228 of 278 Page 229 of 278 Page 230 of 278 Page 231 of 278 1 INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITIES OF SHERIDAN, ENGLEWOOD, LITTLETON AND THE COUNTY OF ARAPAHOE, COLORADO FOR THE DEVELOPMENT OF A TRI-CITIES HOMELESSNESS COORDINATOR POSITION ____ day of _______________, 2024 by and between the City of Sheridan, Colorado a home rule municipality in the State of Colorado located at 4101 S. Federal Boulevard, Sheridan, Colorado, 80110, the City of Englewood, a home rule municipality of the State of Colorado located at 1000 Englewood Parkway, Englewood, Colorado 80110, the City of Littleton, a home rule municipality of the State of Colorado located at 2255 W. Berry Avenue, Littleton, Colorado the State of Colorado located at 5334 South Prince Street, Littleton, Colorado, 80120 (hereinafter red to as the 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 and County are all experiencing an increase of homelessness in their communities; and WHEREAS, in 2019 the Cities along with the County, engaged the University of Denver Graduate School of Social Work to perform an initial assessment which interviewed and analyzed data from both single persons and families experiencing homelessness; and WHEREAS, with the conclusion of the initial assessment, the Parties engaged Florence Aliese Advancement Network, LLC, to develop an incremental operational action plan organized into priority areas, such as family homelessness and governance, with recommendation for action- steps based on national and regional best practices; and WHEREAS, a written Tri-Action Plan Florence Aliese Advancement Network, LLC identified stakeholder roles and responsibilities and identified current and/or potential future funding opportunities including strategic steps based on regional and national best-practices and local culture, to create a solid foundation for a coordinated response system; and WHEREAS, the cities have updated and rewritten the Tri-Cities Homeless Plan of Action -Cities Homeless Coordinator over the last two year period and to reflect the focus of work for the upcoming two year period; and WHEREAS, the Action Plan was adopted by the Cities and calls for the establishment of a Tri- Coordinator Page 232 of 278 2 in a manner to ensure connection to homelessness work and goals established by the County and regional best practices. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained in this Agreement, 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. I. Roles of the Parties A. The County agrees to: 1. Provide oversight of the Coordinator through the Community Resources Department, Community Development, Housing, and Homeless Services (CDHHS) Division, who will provide day to day oversight of the Coordinator. 2. Provide employment to Coordinator. a. Provide employment to the Coordinator. b. Provide payments to Coordinator. c. Provide appropriate County benefits to the Coordinator. 3. Provide materials and a workspace for the Coordinator. a. Provide a workspace, in close proximity to that of the County CDHHS team, for the Coordinator. b. Provide a computer, County email address, and cell phone for the Coordinator. 4. Provide funding only for projects reviewed and approved by the Board of County Commissioners. The County is not committing any funding based on the workplan without further approval as required by this paragraph. B. The Cities agree to: 1. Provide funding for the Coordinator. a. With an estimated annual cost of $120,000, including benefits and materials and the County delivery of services, the City of Englewood agrees to pay $48,000 per year for the term of the agreement, the City of Littleton agrees to pay $60,000 per year for the term of the agreement, and the City of Sheridan agrees to pay $12,000 per year for the term of the agreement. b. With an estimated annual cost of $185,000, the Cities agree to provide the County with funding to execute projects including in the Action Plan: Action Plan Theme Project Approximate Cost Single Adult Theme Create an online platform to request homelessness services $10,000 Single Adult Theme Pilot a safe parking program $25,000 Single Adult Theme Strengthen outreach to landlords $25,000 Page 233 of 278 3 Single Adult Theme Sponsor a permanent supportive housing feasibility analysis $50,000 Family System Theme Designate a lead service provider $50,000 Family System Theme Peer-based support model $25,000 Based on the agreed upon funding split, of the total project cost of $185,000, the City of Littleton will provide $92,500, the City of Englewood will provide $74,000, and the City of Sheridan will provide $18,500. The County will bill the cities twice each fiscal year, on January 1, 2025; July 1, 2025; January 1, 2026; and July 1, 2026 based on an agreed upon implementation schedule for the projects included in this Agreement. All activities or projects outlined in Tri- Cities action plan must comply with the County's procurement policies, local government procurement regulations, and applicable state and federal laws. This compliance includes following any competitive bidding requirements, conflict of interest policies, and environmental guidelines. c. The Cities have developed and revised the Action Plan that will drive the work of the Coordinator. The Cities will ensure the Action Plan is up to date through the period of employment, and with approval of the County, will fund the Action Plan using a similar cost share as that described for the coordinator costs, with the City of Littleton contributing $62,500 in addition to its proportional share during this agreement period to accelerate and expand the impact of these efforts. C. The Cities and the County agree to jointly: 1. Hire a Tri-Cities Homelessness Coordinator. The County will post the position and refer candidates to the Cities and will coordinate interviewing with the Cities. 2. The Cities will recommend a candidate for the Tri-Cities Homelessness Coordinator to the County. 3. The Cities and the County will review the annual performance of the Coordinator, through the counties established performance review timeline and process. II. Reporting 1. Tri-Cities Homelessness Policy Committee: a. On a monthly basis, the Coordinator will file a short report and present it to the monthly meeting of the Tri-Cities Homelessness Policy Committee. b. The monthly reports to the Tri-Cities Homelessness Policy Committee should provide a summation of key milestones achieved and deliverables met, as well as any major challenges encountered. c. The report should be filed three days before the meeting and shall be sent to the Page 234 of 278 4 2. CDHHS and Tri-Cities Management: a. On a regular and as needed basis, the Arapahoe County CDHHS Division leadership will meet with the Tri-Cities designated management to discuss progress and plans. 3. Councils and Board of County Commissioners: a. On a quarterly basis, the Coordinator will enter performance metrics identified through the Action Plan into the electronic dashboard for tracking on each project. b. On an annual basis, the Coordinator will develop and file an annual report and present it to scheduled meetings of each of the three City Councils as well as the Arapahoe County Board of County Commissioners. c. The report to the Councils and Commissioners should be a detailed progress update, including a status update on each deliverable and data towards metrics included in each plan. d. The date of the report and filing deadlines should be coordinated with the City III. Time Period The time period of this Agreement shall run for two years, beginning on January 1, 2025, and ending on December 31, 2027. This Agreement can be renewed for additional one-year periods by written agreement of the Parties after the initial term expires. IV. Notices 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 SHERIDAN: CITY OF ENGLEWOOD: City of Sheridan City of Englewood 4101 S. Federal Boulevard 1000 Englewood Parkway Sheridan, CO 80110 Englewood, CO 80110 Attn: Devin Granberry Attn: J. Shawn Lewis Telephone: (303)762-2200 Telephone: (303)762-2310 Facsimile: (303)438-3398 Facsimile: (303)762-2310 E-mail: dgranberry@ci.sheridan.co.us E-mail: slewis@englewoodco.gov CITY OF LITTLETON: ARAPAHOE COUNTY City of Littleton Arapahoe County 2255 W. Berry Avenue 5334 South Prince Street Littleton, CO 80120 Littleton, CO 80120-1136 Attn: Jim Becklenberg Attn: Katherine Smith Telephone: (303)795-3720 Telephone: (303)738-8040 Facsimile: (303)795-3818 Facsimile: (303)738-8099 E-mail: jbecklenberg@littletongov.org E-mail: ksmith@arapahoegov.com Page 235 of 278 5 V. Additional Terms A. No Third-Party Beneficiaries. Nothing in this Agreement shall be deemed to create any third-party benefits 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. B. Amendments. This Agreement shall be amended only by a written document approved by the governing bodies of all of the Parties; provided, however, that such agreement will not affect other outstanding financial obligations of the Parties unless provisions for full payment of such obligations, by escrow, or otherwise, has been made pursuant to such obligations. C. Non-Appropriation. This Agreement shall not be construed to create a multiple fiscal- year direct or indirect debt or other financial obligation of the Parties within the meaning of Article X, Section 20 of the Colorado Constitution. Pursuant to C.R.S. § 29-1-110, as amended, the financial obligations of the Parties as set forth herein after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and s. D. Termination for Non-Appropriation. Notwithstanding any above-stated notice requirement, this Agreement is automatically terminated on January 1st of the first fiscal year for which funds are not appropriated. A Party shall give the other Parties written notice of such non-appropriation. Such withdrawal shall not impose a penalty against the Parties in the event of a failure to appropriate sufficient funds E. No Assignment. This Agreement may not be assigned by any Party. F. 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 of any court having competent jurisdiction, the remainder of this Agreement, and the application and effect of its terms, covenants, or conditions to such persons, corporations, or circumstances shall not be affected thereby. G. 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. H. Governing Law, Jurisdiction, and Venue. Colorado law governs this Agreement. Jurisdiction and venue shall lie exclusively in the District Court for Arapahoe County. I. of this Agreement will not operate or be construed as a waiver of any subsequent breach by any Party. J. Execution. This Agreement may be executed in several counterparts, and by facsimile, or electronic pdf, each of which will be an original, and all of which together will constitute one and the same instrument. IN WITNESS THEREOF, the Parties have caused to be executed this Intergovernmental Agreement regarding the Tri-Cities Homelessness Coordinator. Page 236 of 278 6 CITY OF SHERIDAN ARAPAHOE COUNTY ___________________________ ___________________________ Name: Name: Title: Title: Date:_______________________ Date:_______________________ ATTEST: ATTEST: ___________________________ ___________________________ APPROVED AS TO FORM: ___________________________ CITY OF ENGLEWOOD CITY OF LITTLETON ___________________________ ___________________________ Name: Name: Title: Title: Date:______________________ Date:_______________________ ATTEST: ATTEST: ___________________________ ___________________________ APPROVED AS TO FORM: APPROVED AS TO FORM: ___________________________ ___________________________ Page 237 of 278 7 Page 238 of 278 COUNCIL COMMUNICATION TO:Mayor and Council FROM:Tamara Niles DEPARTMENT:City Attorney's Office DATE:December 2, 2024 SUBJECT: Ordinance regulating Natural Medicines by creating operational regulations for Natural Medicine businesses and Natural Medicine personal cultivation license DESCRIPTION: Ordinance amending Municipal Code regarding Natural Medicines RECOMMENDATION: Consider adoption of ordinance amending Englewood Municipal Code regarding Natural Medicines PREVIOUS COUNCIL ACTION: Presentations to City Council on October 7, October 21, November 25, 2024 City Council ordinance regarding land use November 4, 2024 (first reading), November 18, 2024 (second reading) SUMMARY: In November 2022, the people of Colorado approved the citizen initiative known as “Proposition 122,” which together with Senate Bill 23-290 decriminalized the personal possession, growing, sharing, and use of psychedelic mushrooms and related substances (the “Substances”), by persons aged 21 or over (collectively referred to as the “Initiative”). The subsequent statute refers to the Substances as “natural medicine.” The Initiative allows: (1) the supervised use of natural medicine at licensed facilities called natural healing centers; and (2) the operation of businesses involved in the cultivation, manufacture, and testing of the natural medicine called “natural medicine businesses.” The Initiative prohibits local governments from prohibiting natural healing centers and natural medicine businesses. However, the Initiative authorizes local governments to enact ordinances to govern the time, place, and manner of the operation of these businesses, as well as the location of these businesses. After multiple presentations to City Council, discussion, and direction to staff, the proposed ordinance regulates time, place and manner of natural medicine businesses as follows: No locations within one thousand five hundred (1,500) feet of a property used for any of the following: childcare center, preschool, elementary, middle, junior or high school, a residential childcare facility, another Natural Medicine Business, and/or a Residential Dwelling Unit. Page 239 of 278 Hours of Operation between the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday. Exception: Neither a Natural Medicine Healing Center nor a Facilitator shall release a Participant that is under the influence of Natural Medicine to the slightest degree that the person is less able than the person ordinarily would have been, either mentally or physically or both, to exercise clear judgment, sufficient physical control, or due care in the safe operation of a vehicle, unless the Participant certifies they will not operate a vehicle for 24 hours and is released to the care of an unimpaired third party. A Natural Medicine Healing Center and Facilitator may continue to provide Participant care and monitoring after 5:00 p.m., until the Participant may be released. All doorways, windows and other exterior openings accessible by the public shall be screened to prevent a view into any interior space in which Natural Medicine or Natural Medicine Services may be observed. Except for authorized transportation, Natural Medicine Businesses shall only operate within indoor, secured spaces. Primary entrances, parking lots and exterior walkways shall be clearly illuminated with downward facing security lights to provide after-dark visibility. All storage shall be located within a permanent building and may not be located within a trailer, tent, motor vehicle or other temporary structure. Odors, smoke, heat, glare, light or sound from Natural Medicine products shall be confined to the premises and not detectable beyond the property boundaries. In addition, during its study session discussion on November 26, 2024, City Council expressed concern regarding personal cultivation of Natural Medicines, and its desire to issue a City license for that activity to ensure protection of the public and those under the age of 21. Therefore, this ordinance proposes a personal cultivation license with the following parameters, to comply with CRS 18-18-434: The licensee may cultivate Natural Medicine in an area that does not cumulatively exceed twelve feet wide by twelve feet long, or 144 square feet in total, in one or more cultivation areas on a single parcel of Private Property. The licensee may only cultivate Natural Medicine in an enclosed, locked and secured area that is not visible to the public. No one under the age of 21 may access any cultivation area. A licensee must be a minimum of 21 years of age. Any odor related to the cultivation of Natural Medicine shall be confined to the Private Property and not detectable beyond the property boundaries. A licensee shall not sell, or receive any Remuneration, donation, or other benefit in exchange for sharing, giving or providing, Natural Medicine to another. To the extent this Title refers to operation of a business or sales, those provisions are inapplicable. Page 240 of 278 Before a license is issued hereunder, the City shall inspect the premises to ensure compliance with applicable City codes and subsection (B) above. A license shall not issue, and cultivation shall be prohibited, until the premises is in compliance. A fine or civil penalty imposed for any violation of this section shall not exceed $1,000 per violation. Non-refundable Initial Application Fee: $250 Initial License/License Renewal Fee: $500 COUNCIL ACTION REQUESTED: Consider adoption of ordinance amending Englewood Municipal Code regarding Natural Medicines FINANCIAL IMPLICATIONS: Increased revenue for license application fee and license fee, offset by increased staff time in issuing license and inspecting property OUTREACH/COMMUNICATIONS: Discussion with Community Development staff regarding land use regulations; participation in DORA roundtables; discussions with multiple Colorado city attorneys regarding various regulatory approaches by other cities ATTACHMENTS: Council Bill Powerpoint Page 241 of 278 1 ORDINANCE COUNCIL BILL NO. 64 NO. _____________ INTRODUCED BY COUNCIL SERIES OF 2024 MEMBER _________________ A BILL FOR AN ORDINANCE AMENDING ENGLEWOOD MUNICIPAL CODE ESTABLISHING REGULATIONS FOR NATURAL MEDICINE BUSINESSES, PERONAL CULTIVATION WHEREAS, in 2022 the voters of the State of Colorado approved by citizen initiative Proposition 122 the Colorado Natural Medicine Health Act decriminalizing psilocybin and psilocin substances and allowing for State of Colorado licensed and regulated natural medicine businesses where psilocybin and psilocin substances can be consumed under the supervision of a facilitator; and WHEREAS, in 2023 the Governor signed Senate Bill 23-290 which created a regulatory structure for the operation and implementation of natural medicine businesses codified as the Natural Medicine Act C.R.S § 44-50-101 through 44-50-904; and WHEREAS, in 2024 the State of Colorado promulgated rules and regulations regarding the licensing requirements for the use, cultivation, services, and manufacture of psilocybin and psilocin substances under the Natural Medicine Health Act; and WHEREAS, the City of Englewood is prohibited from banning natural medicine businesses that are licensed by the State of Colorado within the City; and WHEREAS, the City of Englewood may regulate natural medicines with restrictions on the time, place, and manner of operations; and WHEREAS, it is in the best interests of the City of Englewood to regulate the time, place, and manner of natural medicines to provide safeguards intended to protect natural medicine users, surrounding property owners, and the public. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. Declaration. The City of Englewood finds and declares that the Colorado Natural Medicine Code C.R.S. § 44-50-101 through 44-50-904 specifically authorizes the City to enact an ordinance to regulate the time, place, and manner of natural medicine businesses licensed pursuant to the rules and regulations promulgated by the State of Colorado. The City of Englewood further finds and declares that while C.R.S. § 18-18- 434(9) prohibits the City from adopting "any ordinance, rule, or resolution imposing any greater criminal or civil penalty than provided by this section or that is otherwise in conflict with this section”, no state authority prohibits the City from imposing licensing and regulations on personal cultivation of natural medicine, and therefore the City of Englewood shall exercise its home rule authority to regulate such activities. Page 242 of 278 2 Section 2. Amendment of Title 5. Title 5, Chapter 3G to the Englewood Municipal Code is hereby created to read as follows (new provisions underlined): Chapter 3G – NATURAL MEDICINE BUSINESSES 5-3G-1: - Regulations applicable to Natural Medicine Businesses. A. Prohibited Locations. No Natural Medicine Business shall be located (1) outside of a district where the use is permitted pursuant to Table 4-2, Permitted Uses, Title 16 of this Code; and (2) within one thousand five hundred (1,500) feet of a property used for any of the following: childcare center, preschool, elementary, middle, junior or high school, a residential childcare facility, another Natural Medicine Business, and/or a Residential Dwelling Unit. Distances shall be computed by direct measurement from the nearest property line of a land use described above to the nearest portion of the building in which a Natural Medicine Business is located, using a route of direct pedestrian access. B. Hours of Operation. Natural Medicine Businesses shall only operate between the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday. 1. Exception. Neither a Natural Medicine Healing Center nor a Facilitator shall release a Participant that is under the influence of Natural Medicine to the slightest degree that the person is less able than the person ordinarily would have been, either mentally or physically or both, to exercise clear judgment, sufficient physical control, or due care in the safe operation of a vehicle, unless the Participant certifies they will not operate a vehicle for 24 hours and is released to the care of an unimpaired third party. A Natural Medicine Healing Center and Facilitator may continue to provide Participant care and monitoring after 5:00 p.m., until the Participant may be released. C. Business Operations. All Natural Medicine Businesses shall comply with the following business operation regulations: 1. All doorways, windows and other exterior openings accessible by the public shall be screened to prevent a view into any interior space in which Natural Medicine or Natural Medicine Services may be observed. 2. Except for authorized transportation, Natural Medicine Businesses shall only operate within indoor, secured spaces. 3. Primary entrances, parking lots and exterior walkways shall be clearly illuminated with downward facing security lights to provide after-dark visibility. 4. All storage shall be located within a permanent building and may not be located within a trailer, tent, motor vehicle or other temporary structure. 5. Odors, smoke, heat, glare, light or sound from Natural Medicine products shall be confined to the premises and not detectable beyond the property boundaries. Page 243 of 278 3 D. Definitions provided in C.R.S. § 44-50-103 and elsewhere within Englewood Municipal Code are incorporated by reference as if fully set forth herein. E. Exception to City license requirement. EMC § 5-1-2 does not apply to Natural Medicine Businesses, as long as licenses are solely issued by the State of Colorado. Section 3. Amendment of Title 5. Title 5, Chapter 33 to the Englewood Municipal Code is hereby created to read as follows (new provisions underlined): Chapter 33 –NATURAL MEDICINE, PERSONAL USE 5-33-1: Personal Cultivation of Natural Medicine License. A. License Required. It shall be unlawful for any person to cultivate Natural Medicine for Personal Use in the City of Englewood without first obtaining a City license issued in accordance with this Title, and paying the license fee established by City Council. B. Conditions and Restrictions of License. 1. The licensee may cultivate Natural Medicine in an area that does not cumulatively exceed twelve feet wide by twelve feet long, or 144 square feet in total, in one or more cultivation areas on a single parcel of Private Property. 2. The licensee may only cultivate Natural Medicine in an enclosed, locked and secured area that is not visible to the public. 3. No one under the age of 21 may access any cultivation area. 4. A licensee must be a minimum of 21 years of age. 5. Any odor related to the cultivation of Natural Medicine shall be confined to the Private Property and not detectable beyond the property boundaries. 6. A licensee shall not sell, or receive any Remuneration, donation, or other benefit in exchange for sharing, giving or providing, Natural Medicine to another. To the extent this Title refers to operation of a business or sales, those provisions are inapplicable. C. Before a license is issued hereunder, the City shall inspect the premises to ensure compliance with applicable City codes and subsection (B) above. A license shall not issue, and cultivation shall be prohibited, until the premises is in compliance. D. Definitions. Definitions provided in C.R.S. § 18-18-434 and elsewhere within Englewood Municipal Code are incorporated by reference as if fully set forth herein. Page 244 of 278 4 E. A fine or civil penalty imposed for any violation of this section shall not exceed $1,000 per violation. Section 4. License Fee Amount Established The license fee 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: Non-refundable Initial Application Fee: $250 Initial License/License Renewal Fee: $500 City Council may revise these initial fees by any official action, including by motion, resolution, or ordinance. Section 5. 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 245 of 278 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 but to the extent applicable, shall not exceed the civil or criminal penalty provided in CRS § § 18-18-434. Page 246 of 278 Page 247 of 278 Page 248 of 278 Page 249 of 278 Page 250 of 278 Page 251 of 278 Page 252 of 278 Page 253 of 278 Page 254 of 278 Page 255 of 278 COUNCIL COMMUNICATION TO:Mayor and Council FROM:Elizabeth Ramsey DEPARTMENT:City Manager's Office DATE:December 2, 2024 SUBJECT:Food Vendor Licensing Regulations DESCRIPTION: Ordinance to amend food vendor licensing in Title 5 RECOMMENDATION: Staff recommends that Council consider for approval an ordinance amending Englewood Municipal Code ("EMC") Section 5-4-1 for the purposes of modifying mobile food vendor licensing requirements. PREVIOUS COUNCIL ACTION: Council adopts the Economic Development Strategic Plan (November 7, 2022) Council approves modifications to the Strategic Plan, adding the project "Amend event and food truck permitting process" (March 13, 2023) Council approves modifications to the Strategic Plan, adding an expected delivery date of quarter 3 to the project "Amend event and food truck permitting process" (April 15, 2024) Council considers staff recommendations for potential code changes during a Study Session, and provides feedback and direction (August 19, 2024) SUMMARY: Amending the event and food truck permitting process was identified as a short-range action item in the Economic Development Strategic Plan to address feedback from business owners and community members. It was later added to the Strategic Plan and assigned an expected delivery date of quarter three. A working group was assembled in April, 2024 with representatives from the City Manager's Office, PRLG, Community Development, City Clerk's Office, Finance, Public Works, Fire Marshal, and Information Technology. The primary goal of this group was to conduct a review of both event permitting and food vendor licensing processes. After a thorough review of best practices from other cities and internal needs, staff identified internal process improvements that could be made and developed recommendations to update Englewood Municipal Code, which were presented to Council on August 19, 2024 in a Study Session. Based on feedback and direction from Council, staff is proposing four changes to the existing requirements for a food vendor license for Council consideration: Page 256 of 278 1. Amend EMC to require a food vendor license for any food vendor conducting business in the City of Englewood. 2. Amend EMC to accept any current fire inspection from a participating member of the Fire Marshal Association of Colorado (“FMAC”). 3. Amend EMC to accept a current health inspection completed by a state-regulated health department. 4. Amend EMC to reduce the amount of certificate of insurance required to $500,000 5. Authorize waiving the fee for licensing food vendors if they submit a complete application and appropriate retail food license The attached ordinance represents these changes, including the feedback and direction provided by Council in the Study Session on August 19, 2024. ANALYSIS: Background Englewood Municipal Code 5-4-2 and International Fire Code 105.5.96 outline the primary requirements for obtaining a City of Englewood food vendor license. These requirements include the following: Arapahoe County Health Department (formerly Tri-Cities Health Department) approval City of Englewood or City of Denver fire inspection City of Englewood sales and use tax license Certificate of insurance Written approval for use of the site At the Study Session on August 19, 2024, Council provided feedback and direction on the recommended changes. This included research into the certificate of insurance amounts, potential of accepting Denver food licenses, engagement with community members and small businesses, increasing flexibility of the standards where possible, and removal or reduction of fees. This direction was incorporated into the rationale for the recommended revisions in the attached ordinance. Additionally, a survey was sent to food vendors that possessed a City of Englewood food vendor license in 2024 to further engage those who went through the process this year. The response rate was not high enough to use generalizations of the data, but notable highlights include challenge of the cost of the City’s license and suggestions for new outreach techniques to better connect with mobile food vendors moving forward. Each of these recommended changes has the intended impact of increasing accessibility of obtaining a food vendor license for small businesses, increasing flexibility to reduce administrative burden on businesses, and increasing compliance throughout the City of Englewood while maintaining public health and safety standards. Recommendation #1: Amend EMC to require a food vendor license for any food vendor conducting business in the City of Englewood Background: Currently, a food vendor license is required only for vendors operating "on any street, sidewalk, alley, or other public place including parks." This means that food vendors are able to operate on private property without having to provide evidence of a health inspection or other requirements crucial to maintaining public health and safety. It has also led to confusion Page 257 of 278 and frustration among vendors regarding when a City license is needed, particularly for private gatherings or when businesses host food trucks in their parking lots. Rationale: Limiting the requirement for a food vendor license to specific areas of the city has resulted in compliance issues, including mobile food vendors operating without a City sales and use tax license. This inconsistency poses potential health and safety risks if inspections, such as fire or health checks, are not documented. By requiring a license for all vendors, regardless of location, the City can ensure uniform compliance and uphold public health and safety standards consistently. Recommendation #2: Amend EMC to accept any current fire inspection from a participating member of FMAC Background: Currently, a fire inspection is required from the City of Englewood or City of Denver. This is a source of frustration for mobile food vendors that have completed a fire inspection elsewhere, making it duplicative in time and costs. Rationale: This recommendation allows food vendors to submit a valid fire inspection from any FMAC member community, which would expand flexibility for vendors. All FMAC members follow the same standards for food vendor fire inspections and as of September 2024, more than 50 communities in Colorado participate. Many mobile food vendors will have already undergone this inspection process while getting licensed in other cities, making this an efficient solution. This change reduces the administrative burden on small businesses while still ensuring that public safety standards are met. Recommendation #3: Amend EMC to accept a current health inspection completed by a state-regulated health department. Background: Currently, EMC requires a food vendor to have an Arapahoe County Department of Public Health Inspection. Health inspections from Arapahoe County cost between $270 - $385, plus additional fees for the initial plan review. Rationale: Mayor Pro Tem Anderson inquired about the ability to accept City and County of Denver licenses. All state-regulated public health agencies perform the same inspection and issue a uniform retail food license. The City and County of Denver, which does not have a state- regulated public health authority, does not follow this process. Allowing mobile food vendors to submit a current health inspection from any state-regulated jurisdiction would help small businesses avoid paying for duplicate inspections. This change would reduce costs and administrative work for vendors, increasing their flexibility while still ensuring food safety. By expanding accepted health inspections to state-regulated agencies, the City aligns with Arapahoe County’s regulations and creates a consistent process for food vendors. No examples of Colorado municipalities that accept health inspections from the City and County of Denver were found. Recommendation #4: Amend EMC to reduce the amount of certificate of insurance required to $500,000 Page 258 of 278 Background: Currently, Englewood requires food vendors to provide a certificate of insurance for $1,000,000. During the Study Session, Member Wright requested that staff research the insurance requirements of other cities to help inform a potential revision. The City of Dacono’s requirement of $500,000 was identified as the lowest standard among the cities reviewed. This amount was used as the basis for revising the original recommendation, which suggested a $250,000 threshold. Rationale: Reducing the required certificate of insurance to $500,000 makes it easier for food vendors to do business in Englewood without the need to increase their standard insurance coverage. This adjustment lowers the financial burden on small businesses while still maintaining an appropriate level of protection. Recommendation #5: Authorize the waiver of licensing fees for complete applications and appropriate retail food license. Background: The cost of a license is currently $125 and has been noted as a challenge for mobile food vendors in their interactions with staff. Most mobile food vendors are already licensed in another jurisdiction, making this fee duplicative for them. Rationale: Mayor Sierra and Member Russell expressed support at the August 19 Study Session for reducing or removing the fee associated with a City of Englewood Food Vendor License to minimize the financial burden on small businesses. The attached ordinance contains a provision to waive the cost of the City food vendor license with a complete application. COUNCIL ACTION REQUESTED: Staff recommends that Council consider for approval an ordinance amending EMC Section 5-4- 1 for the purposes of modifying mobile food vendor licensing requirements. FINANCIAL IMPLICATIONS: In 2024, the revenue from licensing twenty food vendors was approximately $2,500. If Council chooses to waive this fee, it will result in a loss of this revenue in future years. CONNECTION TO STRATEGIC PLAN: Outcome Area: Economy Goal: Business Climate Key Project: “Amend event and food truck permitting processes” OUTREACH/COMMUNICATIONS: Current license holders were contacted with a survey to provide feedback on the current requirements. If passed, the updated requirements will be communicated to mobile food vendors through a website update and social media posts. ATTACHMENTS: CB # 58 Ordinance - Amend EMC Title 5 Chapter 4 5-4-1 food vendor license TLN Presentation - Food Vendor Licensing Recommendations Page 259 of 278 ORDINANCE NO. ____ COUNCIL BILL NO. 58 SERIES OF 2024 INTRODUCED BY COUNCIL MEMBER SIERRA AN ORDINANCE AMENDING ENGLEWOOD MUNICIPAL CODE REGARDING FOOD VENDOR LICENSE, TO REQUIRE LICENSE FOR ALL FOOD VENDORS, REDUCE INSURANCE REQUIREMENTS, AND WAIVE LICENSE FEE FOR VENDORS LICENSED BY ARAPAHOE COUNTY. WHEREAS, the Englewood Municipal Code (“EMC”) Title 5 Chapter 4 requires food vendors to obtain a City of Englewood license when selling food products within the City; and WHEREAS, Arapahoe County, Colorado also licenses various mobile food vendors, including food trucks, to ensure food safety and compliance with Colorado law; and WHEREAS, in order to ensure food safety and encourage business within the City, Englewood Municipal Code requires amendment below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. Amendment of EMC Title 5, Chapter 4 Englewood Municipal Code shall be revised to read as follows (deleted provisions struck through; new provision underlined): Chapter 4 FOOD VENDORSDEALERS 5-4-1: Definitions. In addition to the definitions listed in E.M.C. Section 5-1-1, and for the purpose of this Code in all matters relating to the licensing of food vendors, the following terms, phrases, words, and the derivations shall have the meanings herein: Food Products: Food products prepared and processed for immediate consumption. Food products shall not apply to grocery stores and similar establishments where food is not prepared or sold routinely for immediate consumption. Food Vendor: A licensed vendor of food products. Ice Cream Sales: The sale of ice, ices, ice cream, frozen custard, ice milk, frozen yogurt, and sherbet, prepared, processed and sold for immediate consumption. Park: Park means any property dedicated for such purpose and shall also include the walkways and fountain area of the Englewood Plaza and walkways and bike paths of Little Dry Creek Floodplain and sidewalks adjacent to parks. The South Suburban Recreational District parks located in the municipal boundaries of Englewood shall be considered a park. Page 260 of 278 Sidewalk or Sidewalk Area: That portion of a publicly maintained or declared to be a public street or highway by any law of this State or any Englewood ordinance between the curb lines or the lateral lines of a roadway and the adjacent property lines intended for use by pedestrians. Street: The entire width between the boundary lines of every way publicly maintained, when any part thereof is open to the use of the public for purposes of vehicular travel or the entire width of every way declared to be a public street or highway by any law of this State or any ordinance of this City. Vehicle: Every device in, upon or by which any person or property is or may be transported or drawn, irrespective of the source from which the power to propel said vehicle may come and irrespective of the number of wheels of said vehicle. 5-4-2: Food Vendor License Required. A. It shall be unlawful for a food vendor to engage in the business of selling, taking orders, or offering to sell or take orders from or upon public property, parks, or the public right-of-way, or to a person on public property, parks, or the public right-of-way for food products prepared and processed for immediate consumption in the City of Englewood selling, offering for sale, peddling or distributing food or ice cream products from vehicles or stands on any street, sidewalk, alley, or other public place including parks, without a valid prior to obtaining a City food vendor license. B. Requirements of License. 1. Applications for a City food vendor license shall include, if applicable: 5-4-3: Application for License. A. The application for a Food Vendor License shall be made in accordance with the provisions of Title 5, Chapter 1. B. In addition, the applicant shall be required to provide the following: a. Written approval for use of site and site map, unless a City-organized event or on public property where the use is allowed without express permission;, if applicable. b. Applicable Health Department Tri-County health approval; and, Tri-County health approval; and, if applicable. c. Sales tax deposit for all licensees who do not hold a A current City sales and use tax license, unless otherwise exempt by applicable law. 5-4-4: Special Conditions and Restrictions of License. In addition to licensing conditions set forth in Chapter 1 of this Title, the following special provisions shall apply: A2. Insurance Required: License holders are required to must maintain the following levels of insurance, and produce proof of insurance upon request by the City: a.1. All motor vehicles used in the operation of the licensed business shall be insured under the laws of the State of Colorado. Page 261 of 278 b2. Comprehensive general liability insurance with a minimum combined single limit of liability for bodily injury and property damage of one million dollars ($1,000,000.00) per occurrence and in the aggregate. Failure to maintain such insurance or to show such evidence on request shall be cause for immediate revocation of the license. 3B. Audible Advertising Ice Cream Sales: Ice cream vendors using vehicles on city streets must obtain a Food Vendor License and shall comply with the following additional requirements: 1. Hours of operation are permitted between nine o'clock (9:00) a.m. and sunset. 2. Any audible advertising such as music, chimes, verbal announcements or other sound from vehicles on City streets must be turned off while the vehicle is at rest, and may only be operated between the hours of nine o’clock (9:00) a.m. and sunset. 4C. Health and Safety Codes: License holders must are required to operate in accordance comply with all City fire and safety regulations, and applicable municipal and State Health Regulations as administered by the State of Colorado, Arapahoe County, Colorado, or other applicable state-regulated Tri-County Health health department Department. License holders must maintain proof of passing a current fire inspection from City of Englewood, City and County of Denver, or appropriate authority of a participating community in the Fire Marshal Association of Colorado (FMAC). 5D. Location: License holders may vend only in those areas specifically set forth in the license. C. Exemptions. The following shall not require a City food vendor license: 1. Grocery and similar retail stores where food is not prepared or sold routinely for immediate consumption; and 2. Regularly-established permanent business locations for preparation and consumption of food products, such as restaurants. D. The City shall waive the food vendor license fee for complete applications accompanied by the applicant’s valid food retail license authorizing them to operate within Arapahoe County. 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. Page 262 of 278 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 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 18th day of November, 2024; and on second reading, in identical form to the first reading, on the ___ day of ____________, 2024. Page 263 of 278 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 264 of 278 Page 265 of 278 Page 266 of 278 Page 267 of 278 Page 268 of 278 Page 269 of 278 Page 270 of 278 Page 271 of 278 Page 272 of 278 Page 273 of 278 Page 274 of 278 Page 275 of 278 Page 276 of 278 Page 277 of 278 Page 278 of 278