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HomeMy WebLinkAbout2026 Ordinance No. 014ORDINANCE COUNCIL BILL NO. 10 NO. 14 INTRODUCED BY COUNCIL SERIES OF 2026 MEMBER PRANGE AN ORDINANCE REPEALING AND REPLACING TITLE 2, CHAPTERS 1 THROUGH 15, BOARDS AND COMMISSIONS, AND AMENDING MUNICIPAL CODE 5-3A-3 TO DESCRIBE ALL CITY BOARDS AND COMMISSIONS, ALIGN WITH CHARTER, REVISE FOR CLARITY AND EASE OF UNDERSTANDING, AND PROVIDE FOR CONSISTENCY AMONG BOARDS WHEREAS, large sections of the current Englewood Municipal Code (“EMC”) were drafted and adopted in 1985, and significantly unchanged since that time; and WHEREAS, in the last 40 years, Englewood City government and operations have evolved and improved with technology, legal changes, and operational best practices to meet the needs of the City; and WHEREAS, City Council directed the City Attorney’s Office to comprehensively review Englewood Municipal Code to correct typographical errors, remove obsolete dates, ensure it reflects current City practices and applicable law, make gender silent to reflect the makeup of today’s work force, and to propose revisions for clarity and ease of understanding; and WHEREAS, as part of this project, City staff identified necessary updates to municipal code Title 2, Boards and Commissions, to re-number and consolidate various code sections, move various provisions such as quorum, removal and appointments to apply to all boards under general policies rather than described for each individual board, implement consistency among various boards, include all boards in Title 2 in alphabetical order, and codify provisions in board appointment resolutions regarding appointments and alternates; and WHEREAS, City Council desires to amend Englewood Municipal Code to update these provisions. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. Repeal and Amendment of Title 2 Chapters 1-15. For consistency and to include all City boards, Title 2 Chapters 1 through 15 are hereby repealed in full. Section 2. Title 2 Chapter 1. Englewood Municipal Code shall be amended with a new Title 2 Chapter 1, reorganizing and inserting existing content previously contained within Municipal Code, Charter, Board bylaws or existing Board practice and adding new substantive provisions underlined as follows: TITLE 2 BOARDS AND COMMISSIONS Chapter 1 BOARD MEMBERSHIP, DUTIES Docusign Envelope ID: 6F885029-CFAA-4791-B96A-FC3F22022D59 2-1-1: Board of Adjustment and Appeals. A. Purpose. The Board of Adjustment and Appeals (“BOAA”) serves as a quasi-judicial body to resolve disputes and make decisions regarding the City’s land use regulations, including considering appeals of zoning and building codes, and authorizing variances. B. Membership. BOAA consists of seven members appointed to four-year terms. Members shall be qualified electors, residents of the City at least one (1) year immediately prior to the date of their appointment and shall hold no other office or position in the City Administration, boards, commissions, task forces or committees. C. Duties. BOAA shall perform all duties contained within Englewood Charter, this Code and other applicable law, including: 1. Hear and determine appeals from refusal of building permits; make special exceptions to the terms of the zoning regulations in harmony with their general purpose and intent; authorize variances from the strict application of regulations in such situations and subject to such limitations as may be set by ordinance. The findings and decisions of BOAA shall be final, subject only to judicial review. 2. Exercise its authority in accordance with State Statutes, except as otherwise provided in Englewood City Charter. 3. Have other powers and duties as assigned within specific sections of this Code and by other applicable law. D. Other Requirements. 1. The recording secretary shall be known as the Board administrator, who shall sign any documents or communications from BOAA, "by order of the Board of Adjustment and Appeals". 2. BOAA shall keep minutes of its proceedings, show the vote taken, keep records of its examinations and other official actions. 3. Every order, requirement, decision or determination of BOAA shall be filed in the office of the City Clerk. 2-1-2: Budget Advisory Committee. A. Purpose. The Budget Advisory Committee (“BAC”) considers the prioritization of how City tax dollars are spent by advising policymakers in their decision-making process in an open and transparent process on the development, implementation and evaluation of the annual City budget. B. Membership. BAC consists of five (5) members appointed to three-year terms. The City Council may also appoint up to two (2) of its members to serve as non-voting liaison(s) to the BAC. C. Duties. BAC shall: 1. Meet at least monthly unless there is no business before the BAC, in an open public meeting. 2. Meet with the City Manager at the start of each budget year and review projections of major revenue sources and expenditures. 3. Work with the City Manager and the Finance Director to establish budget guidelines for the coming year. 4. Receive a budget presentation from each City department. 5. At its option, submit annually to the City Manager, not less than ninety (90) days prior Docusign Envelope ID: 6F885029-CFAA-4791-B96A-FC3F22022D59 to the submission of the budget, a list of recommended capital improvements, arranged in order of preference, which in the opinion of the Committee, are necessary or desirable to be constructed during the forthcoming five-year period. 6. Submit an annual written report of findings and recommendations after the budgets have been reviewed and incorporated requests for new programs and/or personnel authorized by the City Manager. 7. At its option, submit to City Council a short report detailing specific issues reviewed by the Committee. 8. Upon request by City Council, monitor expenditures for citizen-authorized tax-funded public improvements to ensure budget and authorization compliance. 2-1-3: Code Compliance Advisory Committee. A. Purpose. The Code Compliance Advisory Committee (“CCAC”) reviews the activities, services and regulatory processes by the Code Compliance division of Community Development Department, and recommends to City Council updates and modifications to those services and processes. B. Membership. CCAC consists of seven (7) citizen-at-large members appointed to two-year terms. One (1) member of City Council shall serve as a non-voting Council liaison. C. Duties. CCAC shall: 1. Comprehensively review this Code regulating domesticated animal welfare and control, non-domesticated animal control, environmental pollution, graffiti, noise, outdoor storage, snow and ice removal, trash and litter, grass and weeds, trees and shrubs, and wood burning, plus other Code sections requested by City Council regarding the health, safety and welfare of the community, and recommend additions, deletions and revisions. 2. Review the processes, procedures and administrative functions of the Code Compliance division of the Community Development Department and recommend improvements. 3. Seek input from members of the community regarding enforcement priorities of the Code Compliance division to utilize the resources provided in a manner that meets the needs of the community. 4. Develop community education efforts to inform the community about code enforcement initiatives and regulations. 5. Act as a conduit of communication between the City Council, Manager and the community, and gather and assess information necessary to make sound recommendations to City Council for code compliance service delivery. 6. Provide written reports and/or recommendations to City Council regarding the responsibilities set forth above through the City Council liaison, as needed. 7. Make written recommendations to all stakeholders as needed, no less than annually. 2-1-4: Cultural Arts Commission. A. Purpose. The Cultural Arts Commission (“CAC”) provides ongoing systematic planning for the development of cultural arts activities within the City and implements an Arts Plan for the City of Englewood. B. Membership. CAC consists of seven members appointed to three-year terms who actively create art or who have served on arts organization boards, either advising or governing, Docusign Envelope ID: 6F885029-CFAA-4791-B96A-FC3F22022D59 or who are involved in arts education or arts administration, including representatives of businesses or other organizations with an interest in promoting the arts. C. Duties. CAC shall: 1. Set priorities for the implementation of the Arts Plan, including an annual review of the plan. 2. Plan and coordinate the implementation of the Arts Plan in cooperation with the community. 3. Promote access and support for a variety of cultural arts programs to all populations and sections of the City. 4. Initiate, sponsor, or conduct, in cooperation with other public or private organizations, programs to further the development and public awareness of, and interest in, the cultural arts including, but not limited to, the goals and objectives of the Arts Plan. 5. Apply for gifts, grants, funds, contributions and bequests in furtherance of its purposes from individuals and public and private entities, agencies, foundations, trusts, corporations and other organizations or institutions. 6. The commission shall submit to City Council, no less than annually, a summary of activities and a progress report in addition to any other matters of concern to City Council. 7 . Such other powers and duties as are appropriate in carrying out the purposes of this Section and as set forth in reports or recommendations adopted by City Council. 2-1-5: Downtown Development Authority. A. Purpose. The Englewood Downtown Development Authority (“EDDA”) is a quasi- governmental entity that provides both organization and financing for downtown revitalization efforts, including place enhancements, marketing and promotion, economic development, and public improvements that focus on the city center’s vitality and attractiveness pursuant to C.R.S. § 31-25-801 et seq. B. Membership. The EDDA board consists of seven members appointed to four-year terms. A majority of members shall reside or own property in the EDDA district; and one board member shall be a member of City Council. C. Duties. The powers and duties of the EDDA are established by Colorado statute, C.R.S. §§ 31-25-807 et seq. 2-1-6: Election Commission. A. Purpose. The Election Commission reviews, recommends, establishes, and provides City election-related services, rules and procedures to ensure fair, clear and consistent process. B. Membership. The Election Commission consists of the City Clerk and four qualified electors of the City who are not City officials, employees or candidates for City elective office appointed to four-year terms. No more than two members of the commission shall be from any one Council district of the City. C. Duties. The Election Commission shall: 1. Establish precincts and appoint election judges and clerks for each precinct. 2. Recommend election rules and regulations to be considered for adoption by City Council ordinance. 3. Establish rules and regulations to implement Englewood Charter 34, Recall. Docusign Envelope ID: 6F885029-CFAA-4791-B96A-FC3F22022D59 4. Assist the City Clerk in the canvassing of returns of all municipal elections conducted by the City. 5. Direct and supervise employee organization elections under Title 3 Chapter 2, including furnish tally of ballots regarding challenge of person participating in employee organization election, pursuant to EMC § 3-2-10. 6. Establish procedure to be followed where municipal election procedure is in doubt. 7. Perform other activities and duties required by Englewood Charter or applicable law. 2-1-7: Englewood Housing Authority. A. Purpose. The Housing Authority of the City of Englewood (“Englewood Housing Authority” or “EHA”) helps promote decent, safe, affordable housing in Englewood by increasing housing opportunities for low and moderate income households. EHA is responsible for many projects aimed at upgrading and preserving the City's existing housing stock. B. Membership. The EHA board consists of five regular Commissioners and one alternate Commissioner, appointed for five-year terms. Board members must reside within the City, be 18 years of age or older, and—as long as EHA has HUD public housing—one member must reside in public housing unless no such resident is willing or able to serve. While not required, Commissioners with experience in the following areas are preferred: legal, real estate, banking/finance, business. City Council also will appoint a City Council member to serve as a non-voting liaison to EHA. C. Duties. The powers and duties of EHA are established by Colorado statute, C.R.S. §§ 29- 4-206 and 29-4-209 et seq. EHA also shall perform other activities and duties assigned or authorized by Englewood Charter, Municipal Code or other applicable law. 2-1-8: Historic Preservation Commission. A. Purpose. The Historic Preservation Commission is a quasi-judicial board focusing on preserving the aesthetic, historical, architectural, and geographic heritage of the City. B. Membership. The Commission consists of seven (7) members appointed to four-year terms. Preference for appointments shall be given to at least two (2) members recommended by the Englewood Historic Preservation Society or similar community organizations. C. Duties. The Historic Preservation Commission shall 1. Promote and encourage voluntary participation in designating, preserving, protecting, enhancing and perpetuating those structures, sites and districts which reflect outstanding elements of the City's cultural, artistic, social, economic, political, architectural, history and other heritage. 2. Foster civic pride in the beauty and accomplishments of the past. 3. Promote and encourage the use of outstanding historical or architectural structures, sites and districts for the education, and welfare of the people of the City. 4. Promote and encourage voluntary participation in the continued private ownership and utilization of such buildings and other structures now so owned and used, to the extent that the objectives listed above can be attained under such a policy. 5. Promote and advise City Council on Historic Preservation. 6. Perform other duties as assigned by City Council, Charter, ordinance and this Code, Docusign Envelope ID: 6F885029-CFAA-4791-B96A-FC3F22022D59 including those in Title 16 Chapter 12, Historic Preservation. 2-1-9: Malley Center Trust Fund Board. The purpose, membership and duties of the Malley Center Trust Fund Board are described in EMC § 4-3-9. 2-1-10: Parks and Recreation Commission. A. Purpose. The Parks and Recreation Commission advises City Council on and provides recommendations regarding all matters pertaining to recreation within the City. B. Membership. The Parks and Recreation Commission consists of nine persons appointed to four-year terms. Two members shall be under the age of eighteen (18) years when appointed, and instead shall serve one-year terms. B. Duties. The Parks and Recreation Commission shall: 1. Act as a sounding board of the community and gather and assess the facts and data necessary to make sound recommendations to the City Council in providing recreation services. The commission, with the approval of City Council, may form committees made up of commission members as well as citizens as needed to research programs that call for extensive time and discussion. These committees will be advisory only to the Parks and Recreation Commission. 3. Review the annual parks and recreation budget as submitted from the Department of Parks and Recreation to the City Manager and make recommendations to City Council if the commission deems necessary. 4. Meet monthly or as necessary. 2-1-11: Planning and Zoning Commission. A. Purpose. The Planning and Zoning Commission (“P&Z”) reviews development plans for Englewood, providing regulatory guidelines and making recommendations and decisions regarding planning and zoning issues. B. Membership. Planning and Zoning Commission is a quasi-judicial board consisting of nine citizen-at-large members appointed to four-year terms. The City Manager shall appoint an administrative officer to be an ex officio, nonvoting member of the commission. Members shall be qualified electors, residents of the City at least one year immediately prior to the date of their appointment, and shall hold no paid office or position in the City administration. C. Duties. The powers and duties of P&Z are established by Colorado statute, C.R.S. Title 31 Article 23 Parts 2 and 3. P&Z also shall perform other activities and duties assigned or authorized by Englewood Charter, Municipal Code or other applicable law, including: 1. Prepare and submit to City Council for its approval a master plan, and current modifications thereof, for the physical development of the City. 2. Review and make recommendations to City Council on major subdivision plats under EMC § 16-2-7. 3. At last 90 days prior to submission of the proposed annual City budget, submit to the City Manager a list of recommended capital improvements, arranged in order of preference, which in the opinion of the Commission are necessary or desirable to be constructed during the forthcoming five-year period. 4. Prepare and recommend to City Council a comprehensive zoning ordinance or propose amendments or revisions thereto, with such provisions as P&Z deems necessary or desirable for the promotion of the health, safety, morals, and general welfare of the inhabitants of the City. Docusign Envelope ID: 6F885029-CFAA-4791-B96A-FC3F22022D59 5. Hear applications for amendments, modifications or revisions of zoning ordinances, and make non-binding recommendations to City Council. 6. Conduct public hearings as it deems necessary. 2-1-12: Public Library Board. A. Purpose. The Englewood Public Library board reviews plans and policies regarding the operation of the Library, and provides oversight and recommendations regarding same. B. Membership. The Public Library Board consists of nine citizen-at-large members appointed to four-year terms. The City Manager shall appoint a member of the library staff to be an ex officio nonvoting member of the board. C. Duties. The Public Library Board shall: 1. Prepare and submit to City Council a master plan for the development and maintenance of a modern library system. 2. Recommend to the City Manager an annual capital expenditure budget for library purposes, and to assist the librarian in estimating anticipated revenues and the sums necessary to maintain and operate the library during the ensuing year. 3. Cooperate with any public or private agency in obtaining space, facilities, property or library services, subject to the approval of the City Council. 4. Recommend to City Council the adoption of rules and regulations for the use of the library as the board may deem expedient. 5. Recommend to the City Manager proper supervision, care and custody of all property of the library, including rooms or buildings constructed, leased or set apart therefor. 6. Advise the City Manager, when requested, in the selection of a Library Director and such other library employees as may be deemed necessary. 7. Advise the Library Director in the administration of gifts granted to and accepted by the City Council for library purposes. 8. Assess the needs of the community and based thereon, to make recommendations to the City Manager and City Council pertaining to general public policies relating to the operation of the library. 9. Subject to City Council approval, cooperate with any public or private agency in obtaining space, or for any other purpose. 10. Convene at least monthly for the transaction of business. A record of each meeting shall be maintained by the City Clerk for public inspection. 11. At the close of each year, report to City Council on the condition of its funding during the year, the sums of money expended, and the purposes of the expenditures; the number of books and periodicals on hand, the number added during the year, the number retired, the number loaned out, and such other statistics and information and such suggestions as the board may deem of public interest. A copy of the report shall be filed with the State Librarian. 2-1-13: Retirement Pension Plan Board. A. Purpose. The Englewood Retirement Pension Plan Board (“ERPP”) provides oversight and direction, liaises with beneficiaries, and serves as plan/fund Boards of Trustees, for the following City retirement and pension plans: the City of Englewood Nonemergency Employees Retirement Plan (“NERP”), under Title 3, Chapter 4; Police Officers Pension Fund, under Title Docusign Envelope ID: 6F885029-CFAA-4791-B96A-FC3F22022D59 3, Chapter 5; Firefighters and Volunteer Firefighters Pension Funds, under Title 3, Chapter 6; and Supplemental Disability Fund for both Police and Fire under Title 3, Chapters 5 and 6. B. Membership. ERPP shall be composed of at least seven voting members, appointed for 4-year terms. Membership shall consist of: one member of City Council; three qualified electors of the City; at least one, but no more than two, members of the NERP plan; at least one, but no more than two, beneficiaries of the Firefighters Pension Fund; and at least one, but no more than two, beneficiaries of the Police Officers Pension Fund. The City Finance Director shall be an ex- officio, non-voting member of ERPP. C. Duties. ERPP board members shall: 1. Take and subscribe an oath accepting the obligations imposed upon them by the provisions of each benefits/retirement/pension plan (“Plan”), and agreeing to faithfully perform the duties of such office. 2. All actions, decisions and determinations of the Board shall be recorded in the minutes and, unless inconsistent with the provisions of a Plan, shall be binding and conclusive upon all interested parties. 3. Interpret vague or ambiguous provisions of a Plan to provide guidance to staff in implementation or to address or resolve issues that may arise. 4. Perform other activities and duties assigned or authorized by Englewood Charter, Municipal Code or other applicable law, or Plan documents. 2-1-14: Sustainability Commission. A. Purpose. The Sustainability Commission is a team of volunteers dedicated to improving the quality of life for all Englewood citizens. It promotes community participation and environmentally responsible behavior through partnerships with citizens, schools, businesses, and government agencies. B. Membership. The Sustainability Commission consists of nine (9) persons appointed to two-year terms. C. Duties. The Sustainability Commission shall: 1. Advise City Council in all matters pertaining to sustainability issues facing the City. 2. Act as a sounding board of the community and gather and assess the facts and data necessary to make sound recommendations to City Council related to sustainability. 3. As needed, form advisory committees made up of commission members and/or citizens to research programs that call for extensive time and discussion. 3. At a minimum meet quarterly. 4. Partner with City staff to develop and implement programs and services that increase citizen commitment to and responsibility in issues relating to sustainability. 2-1-15: Transportation Advisory Committee. A. Purpose. The Transportation Advisory Committee focuses on transportation issues in the City of Englewood. The Committee seeks to promote close cooperation between the City Council, other City boards and commissions, City departments, individuals, businesses, institutions and agencies concerned with transportation related activities to the end that all such groups within the City needs to be considered and coordinated in order to secure the greatest public welfare. In all deliberations, the Committee shall try to recognize the relationship between transportation and economics, energy, safety, land use, neighborhood integrity, environmental quality and emergency response times; and shall consider transportation access to Docusign Envelope ID: 6F885029-CFAA-4791-B96A-FC3F22022D59 health care, employment, education, housing, business and commerce and recreational facilities. B. Membership. The Committee consists of a minimum of five (5) but no more than seven (7) members appointed by City Council, and three (3) ex-officio staff members appointed by the City Manager serving overlapping terms of four (4) years. C. Duties. The Transportation Advisory Committee shall: 1. Act as a conduit of communication between the City and the community, and gather and assess the information necessary to make sound and consistent recommendations to the City for transportation studies, mitigation strategies and transportation improvements. 2. Review, monitor and suggest recommendations for City transportation matters including, but not limited to: streets and highways, bus and rail service, provision for the needs of the mobility impaired, bicycle and pedestrian traffic; transportation system management and residential permit parking within the City. 3. Make recommendations regarding the allocation of funds for capital expenditures related to roadway and transportation improvements. 4. Review, monitor and recommend changes to municipal ordinances intended to prevent or abate situations that are deemed detrimental to the health, safety and welfare of the community as provided primarily in Title 11 of the Municipal Code. The Committee shall make recommendations to the City Council for the addition, deletion and revision of ordinances. 5. Review, monitor and recommend changes to the City Transportation Element of the Comprehensive Plan, the City Transportation Action Plan and the Traffic Calming Policies and Procedures Manual. 6. Review and suggest recommendations for placement and enforcement of warning, regulatory and guide signs on City streets. 7. Perform such other duties as may be referred to the Transportation Advisory Committee by the City Council. 2-1-16: Urban Renewal Authority. A. Purpose. The Urban Renewal Authority of the City of Englewood, Colorado (“URA”) provides assistance for redevelopment projects in Englewood. The URA is an independent board, but works closely with the City on major redevelopment efforts. B. Membership. The URA consists of thirteen (13) commissioners serving overlapping terms of five (5) years, ten of which are appointed by City Council, one by the Arapahoe County Board of Commissioners, one by Englewood Public School District Board of Education, and one a board member of a special taxing district within the URA area and selected by all special taxing districts within the URA area. C. Duties. The powers and duties of the URA are established by Colorado statute, C.R.S. Title 31 Article 25 Part 1. URA also shall perform other activities and duties assigned or authorized by Englewood Charter, Municipal Code or other applicable law. 2-1-17: Water and Sewer Board. A. Purpose. The Water and Sewer Board is a quasi-judicial board providing guidance and oversees the water, stormwater and sewer enterprise funds and related activities. B. Membership. The Water and Sewer Board consists of the Mayor, two Council Members selected by the City Council and six members appointed from qualified electors, serving terms of Docusign Envelope ID: 6F885029-CFAA-4791-B96A-FC3F22022D59 six years, except that the Mayor and Council Members shall serve during their tenure as such. The City Manager shall appoint a representative from City administration to serve as an ex officio, nonvoting member. C. Duties. The Water and Sewer Board shall exercise such authority, and it shall have such powers and duties as are vested in it by the City Charter, and such other and further powers as may be delegated by ordinance or resolution, including: 1. Planning for the continued adequacy of the domestic water supply and system and sanitary sewer systems as indicated by the projected needs of the City. 2. In cooperation with the City Manager, submit annually to City Council a capital expenditure budget; such budget may provide for a contingency fund never to exceed two percent (2%) of the gross receipts of the domestic water and sanitary sewer systems for the previous year. Expenditures from said fund shall be upon authorization of the Water and Sewer Board. 3. Protect the domestic water, water rights, and water supply of the City from injury and pollution. 4. Exercise power over the stream or source from which such water is taken and with the approval of City Council, initiate in the name of the City of Englewood and carry on all litigation necessary for the prevention of stream pollution of any and every type. 5. Administer and oversee the stormwater utility and enterprise fund, including make recommendations regarding rules, policies and fees. 6. Determine the necessity for the purchase and acquisition of water rights for municipal supply and rights-of-way and lands in connection therewith. Section 3. Title 2 Chapter 2. Englewood Municipal Code shall be amended with a new Title 2 Chapter 2, reorganizing and inserting existing content previously contained within Municipal Code, Charter, Board bylaws or existing Board practice and adding new substantive provisions underlined as follows: TITLE 2 BOARDS AND COMMISSIONS Chapter 2: GENERAL POLICIES 2-2-1: Term Limits for Boards and Commissions. In order to broaden the opportunities for public service and guard against excessive concentrations of power, no appointed voting member of any Board or Commission in the City of Englewood shall hold any elected public office unless specifically designated by the Englewood City Charter. In the event an existing member of any Board or Commission is elected to public office, that member shall be required to resign their position. Each member of a Board or Commission will have the opportunity to serve up to three (3) terms per Board or Commission, when a term expires that member will have the opportunity to be reappointed to that same Board or Commission after a four-year (4) period. 2-2-2: Non-Voting Alternate Members and Youth Members. A. City Council may appoint non-voting alternate members and youth members to any board, commission or committee established by this Title. Appointment of alternate and youth members may be within the same Resolution appointing regular members to such boards, commissions or committees, or may be by separate Resolution or regular motion. Docusign Envelope ID: 6F885029-CFAA-4791-B96A-FC3F22022D59 11 B. Alternate members are permitted to vote when serving in the place of a regular member not in attendance at such meeting. C. City Council may choose not to fill or to continue any alternate or youth positions not provided for within the specific enabling legislation of a board, commission or committee. D. Any board may appoint a Council-appointed alternate member to fill an unexpired term of a voting vacant member position, after providing to the City Clerk notice of its intent to do so. Otherwise, City Council shall make appointments to fill vacancies for unexpired terms. 2-2-3: Quorum. Unless specifically provided otherwise by Englewood Charter or municipal code, a simple majority of then-appointed members of each board, commission or committee shall constitute a quorum for conducting business. In the absence of a quorum, present members may adjourn until a quorum is obtained. 2-2-4: Procedures Applicable to all Boards. A. Removal. Unless specifically provided otherwise by Englewood Charter or other applicable law, all members of boards, commissions, task forces, and committees (collectively “board”) serve at the pleasure of City Council, and may be removed upon majority vote. Removal also may be appropriate for excessive absenteeism, as provided in the board’s bylaws, or violation of applicable laws or City policies including defamation, harassment of City staff. B. Term expiration. Despite the expiration of any term, members shall continue to serve until their successor is appointed. D. Compensation. All members shall serve without compensation, but a member may be reimbursed for reasonable authorized expenses incurred in connection with their duties for the board. E. Sub-committees. The chairperson may appoint such standing or special subcommittees from the membership as the board shall determine necessary or useful in carrying out its purposes and powers. The purpose, term and members of each subcommittee shall be determined by the chairperson. F. Officers. 1. Each board shall elect a chairperson and vice chairperson from its citizens-at- large membership. Unless otherwise provided in this Title, the board’s bylaws, or upon termination of the board appointment, except for Charter-created quasi-judicial boards, these officers shall serve two-year terms or until a successor is elected and no officer shall serve more than two (2) consecutive terms in a single position. Each board may elect from its members additional officers as it shall deem necessary to accomplish its purposes. 2. The chairperson and vice chairperson may participate in all discussions of the board and vote on all questions. The chairperson shall be the presiding officer and shall have such other and further duties as may be designated by the rules and regulations of the board. When the chairperson is absent, the vice chairperson shall serve as the presiding officer. G. By-laws, Rules. Every board may organize and adopt administrative rules, procedures, and by-laws that are not otherwise in conflict with Englewood Charter, municipal code, or Docusign Envelope ID: 6F885029-CFAA-4791-B96A-FC3F22022D59 12 applicable law. H. Appointments. Unless otherwise required by law or Englewood Charter, all board and commission members shall be appointed by City Council and have such powers and perform such duties as are required by Charter, ordinance or other applicable law. Initial appointments by City Council shall specify the term of office of each individual in order to achieve overlapping tenure. I. Supporting staff. The City Manager shall ensure the provision of administrative services and technical expertise to support board functions. A staff liaison shall be a subject matter expert to provide guidance and support, and answer questions by members. A board administrator shall provide administrative services, to schedule and post meetings, issue the agenda, record meetings, write minutes, and keep records. The same person may fill both roles for a board. J. Reports. Boards and commissions shall make a report to City Council, upon its request. K. Quasi-Judicial Boards. Except as specifically authorized by Englewood Charter, Municipal Code, or other applicable law, no person shall be appointed to serve on more than one City quasi-judicial board and no Council Member shall serve as a liaison to a quasi-judicial board whose decisions may be appealed to City Council. L. Duties. The list of duties for each board and commission described in Title 2 Chapter 1 is not exclusive; City Council may assign additional duties to any board. M. Governing Policies, Regulations. The following shall apply to and govern City boards and commissions, and their members: rules of procedure adopted by EMC § 1-5-2-8; City Council Policies Manual; the Handbook for Members of Boards Commissions and Committees; Title 1 Chapter 11 Code of Ethics; Title 10 Chapter 10 Hearings; and any other applicable law or policies adopted by City Council. N. Multiple Board Appointments. Should City Council receive a sufficient number of qualified applicants to fill open positions, City Council will give appointment priority to those that are not appointed to serve on another City Board. Section 4. Amendment of Englewood Municipal Code § 5-3A-3. Englewood Municipal Code 5-3A-3 and EMC § 2-6-1 regarding the Local Liquor and Marijuana Licensing Authority were largely duplicative, and to eliminate the duplication and recognize this is no longer a board, provisions regarding the Authority were removed from Title 2 Boards and Commissions, and instead, EMC § 5-3A-3 is amended as follows (new provisions and those previously located in EMC § 2-6-1 underlined; deleted provisions struck through): 5-3A-3 Englewood Local Liquor and Marijuana Licensing Authority. A. Vesting of Authority. The Englewood Local Liquor and Marijuana Licensing Authority ("Local Licensing Authority" or "Authority"), is vested with the authority to grant or refuse, and suspend or revoke, permits and licenses regarding for the sale at retail of malt, vinous or spirituous liquors and fermented malt beverages and medical and retail marijuana under this Title, to conduct investigations as are required by law, and to suspend or revoke such licenses for cause in the manner provided by law. Such Authority shall have all the powers of the Local Licensing Authority, as set forth in C.R.S. Title 44 Articles 3, 4, and 5, as amended and as otherwise granted to it by Colorado statute and in this Chapter 3, and in Chapters 3D, 3E and 3F. Docusign Envelope ID: 6F885029-CFAA-4791-B96A-FC3F22022D59 13 B. Hearing Officer. Except as to authority delegated to the City Clerk below, the Local Licensing Authority shall consist of a sole Hearing Officer designated by City Council, who shall not hold any other City of Englewood office, appointment or position nor have any financial interest in the operation of any business located or operating in the City of Englewood holding a liquor or marijuana license. The term "Hearing Officer" shall be synonymous with "Local Licensing Authority" as used throughout this Section. 1. Rules of procedure; conduct of hearings. In conformance with applicable statutes and the Englewood Municipal Code, the Hearing Officer serving as the Local Licensing Authority shall have the power to decide matters brought before it following a public hearing, or to waive the public hearing on undisputed issues or matters. Public hearings shall be held in accordance with the procedural rules and regulations for hearings as set forth in Title 1, Chapter 10, and/or as adopted by the Local Licensing Authority. The Authority may also adopt rules of procedure and regulations concerning the application and renewal processes. All hearings before the Local Licensing Authority shall be public. C. Delegation of authority to City Clerk. The City Clerk is authorized to act as the Local Licensing Authority and to adopt regulations and procedures for the following Colorado Liquor Code and Colorado Beer Code licensing functions: 1. Processing and issuance of special events permits pursuant to C.R.S. Title 44 Article 5, as amended, provided that there are no parties filing a written objection to said permit. 2. Annual Colorado Liquor Code and Colorado Beer Code license renewals, provided that the licensee has not violated any provisions of the Colorado Liquor or Beer Codes and associated regulations during the preceding year. 3. Changes in shareholders, officers, directors or trade names of a licensee, or registration and/or changes in on-site manager, provided that any investigation conducted by the City does not reveal information that may reasonably form the basis of a determination that the applicant is not qualified to hold the respective license. 4. The issuance of temporary permits pursuant to and in compliance with the provisions of C.R.S. § 44-3-302, and C.R.S. § 44-3-303. A temporary permit fee shall be charged in conjunction with the issuance of each temporary permit. 5. Request to change, alter or modify the premises as set forth in E.M.C. § 5-3A- 8. 6. Permits issued in accordance with applicable provisions of the Englewood Municipal Code, including § 5-3A-9. 7. Transfer of ownership. 8. Any other functions delegated to the City Clerk under any other provision of this Title. The City Clerk may refer any licensing decision authorized under this section to the Local Licensing Authority if, in the Clerk's discretion, the matter should be presented to the Local Licensing Authority. DC. Duties of the City Clerk. The City Clerk shall receive all applications for licenses, and shall issue all licenses granted by the Authority, upon receipt of such license fees and taxes as are required by law and this Code. The City Clerk’s designee shall serve as the City supporting staff under EMC § 2-2-4(I) official secretary of the Local Licensing Authority and shall designate a person or persons to provide the necessary secretarial and reporting services for the Local Docusign Envelope ID: 6F885029-CFAA-4791-B96A-FC3F22022D59 14 Licensing Authority. The City Clerk’s or designee shall attend the meetings of the Local Licensing Authority. All public notices shall be made by publication on the City's official website, or in a newspaper designated by City Council as the City's official newspaper. The City Clerk’s designee shall ensure aAll signs are posted as required to be posted by the Colorado Liquor Code, shall be made by the City Clerk. Section 5. General Provisions Applicable to this Ordinance The following general provisions and findings are applicable to the interpretation and application of this Ordinance: A. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or its application to other persons or circumstances. B. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. C. Effect of repeal or modification. The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. D. Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. This Safety Clause is not intended to affect a Citizen right to challenge this Ordinance through referendum pursuant to City of Englewood Charter 47. E. Publication. Publication of this Ordinance may be in the City’s official newspaper, the City’s official website, or both. Publication shall be effective upon the first publication by either authorized method. F. Actions Authorized to Effectuate this Ordinance. The Mayor is hereby authorized and directed to execute all documents necessary to effectuate the approval authorized by this Ordinance, and the City Clerk is hereby authorized and directed to attest to such execution by the Mayor where necessary. In the absence of the Mayor, the Mayor Pro Tem is hereby authorized to execute the above-referenced documents. The execution of any documents by said officials shall Docusign Envelope ID: 6F885029-CFAA-4791-B96A-FC3F22022D59 15 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 17th day of February, 2026; and on second reading, in identical form to the first reading, on the 2nd day of March, 2026. 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 Docusign Envelope ID: 6F885029-CFAA-4791-B96A-FC3F22022D59