Lone Tree City Council Agenda Tuesday, August 1, :30pm Study Session CANCELLED

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1 Lone Tree City Council Agenda Tuesday, August 1, 2017 Meeting Location: City Council Meeting Room, Lone Tree Civic Center, 8527 Lone Tree Parkway. Meeting Procedures: Note: There will not be a Study Session or Executive Session. The Regular Session will be convened at 7:00pm. Comments from the public are welcome during the Regular Session at these occasions: 1. Public Comment (brief comments on items not on the agenda or scheduled for public hearing or public input) 2. Public Hearings. To arrange accommodations in accordance with the Americans with Disabilities Act at public meetings, please contact the City Clerk at least 48 hours prior to the meeting. 4:30pm Study Session CANCELLED 7:00pm Regular Session Agenda 1. Opening of Regular Meeting/Pledge of Allegiance 2. Amendments to the Agenda and Adoption of the Agenda 3. Conflict of Interest Inquiry 4. Public Comment 5. Announcements 6. Consent Agenda a. Minutes of the July 18, 2017 Regular Meeting b. Claims for the Period of July 11-24, Administrative Matters a. Council Adopted Policy (CAP) 17-01, Flag Policy b. Lone Tree Link Omni Park IGA c. Resolution 17-15, REAPPOINTING AND APPOINTING MEMBERS TO THE LONE TREE YOUTH COMMISSION 8. Council Comments 9. Adjournment City of Lone Tree Upcoming Events more info available at & Arts in the Afternoon: Puccini s Gianni Schicchi, Wednesday, August 2 nd, 1:30 p.m., LTAC Main Stage. Tunes on the Terrace: Dove s Cry: A Tribute to Legends Lost, Friday, August 4 th, 8:00 p.m., LTAC Terrace Theater. Free Pool Day, Sunday, August 6 th, 10:00 a.m. 6:00 p.m., Cook Creek Pool. The Motones, Friday, August 11 th, 8:00 p.m., LTAC Main Stage. Summer Sounds at Sweetwater: The Band of Heathens, Saturday, August 12 th, 6:00 9:00 p.m., Sweetwater Park. 08/01/17 City Council Packet Page 1 of 23

2 MINUTES OF A REGULAR MEETING OF THE COUNCIL OF THE CITY OF LONE TREE HELD July 18, 2017 A regular meeting of the Council of the City of Lone Tree was held on Tuesday, July 18, 2017, at 7:00 p.m., at the Lone Tree City Council Chambers located at 8527 Lone Tree Parkway, Lone Tree, Colorado Attendance In attendance were: Jacqueline Millet, Mayor Susan Squyer, Mayor Pro Tem Cathie Brunnick, Council Member Jay Carpenter, Council Member Wynne Shaw, Council Member Also in attendance were: Steve Hebert, Deputy City Manager Kristin Baumgartner, Assistant City Manager/Finance Director Tobi Basile, Deputy City Clerk Jeff Holwell, Economic Development Director Chief Kirk Wilson, Lone Tree Police Department Kelly First, Community Development Director Gary White, City Attorney, White, Bear and Ankele, P.C. Kristin Schledorn, Assistant City Attorney, White, Bear and Ankele, P.C. John Cotten, Public Works Director, IMEG Corp. Call to Order Mayor Millet called the meeting to order at 6:00 p.m., and observed that a quorum was present. Executive Session Mayor Millet announced City Council intends to convene in Executive Session. Kristin Schledorn, Assistant City Attorney, stated the Executive Session is for a conference with the City Attorney for the purpose of receiving legal advice on specific legal questions under C.R.S. Section (4)(b) regarding a condition survey and for the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators, under C.R.S. Section (4)(e). City Council Minutes Page 1 of 7 July 18, /01/17 City Council Packet Page 2 of 23

3 Council Member Brunnick moved, Council Member Shaw seconded, for City Council to recess and convene in Executive Session for the reasons stated. The motion passed with a 5 to 0 vote. Council adjourned to an Executive Session at 6:01 p.m. The Executive Session was adjourned at 6:29 p.m. Mayor Millet reconvened the meeting in Regular Session at 7:00 p.m., following a short recess. Pledge of Allegiance Mayor Millet led those assembled in reciting the Pledge of Allegiance. Amendments to the Agenda Mayor Pro Tem Squyer moved, Council Member Carpenter seconded, to amend the agenda to add item 10e. Construction contract for overlay of Park Meadows Drive from Kimmer to Yosemite. The motion passed unanimously. Council Member Carpenter moved, Council Member Shaw seconded, to amend the agenda to add item 10f. Awarding a construction contract to Apex Pavement Solutions, if needed, as the second bidder on the Lone Tree Arts Center Improvements Contract. The motion passed unanimously. Conflict of Interest There was no conflict of interest. Public Comment There was no public comment. Announcements Nicole Trippler, Youth Commissioner, gave Council an update on the Youth Commission. Mayor Millet announced upcoming events. Consent Agenda Mayor Millet noted the following items on the Consent Agenda, which consisted of: City Council Minutes Page 2 of 7 July 18, /01/17 City Council Packet Page 3 of 23

4 Minutes of the June 20, 2017 Regular Meeting Claims for the period of June 13-July 10, 2017 Treasurer s Report for May 2017 Council Member Shaw, Mayor Pro Tem Shaw seconded, to approve the Consent Agenda. The motion passed with a 5 to 0 vote. Community Development RESOLUTION 17-14, APPROVING THE ADOPTION OF LANDSCAPE DESIGN GUIDELINES FOR PUBLIC RIGHTS-OF-WAY (PROJECT #RG17-26) Jennifer Drybread, Planning Manager, introduced the item. Council Member Carpenter moved, Mayor Pro Tem Squyer seconded, to approve Resolution 17-14, APPROVING THE ADOPTION OF LANDSCAPE DESIGN GUIDELINES FOR PUBLIC RIGHTS-OF-WAY (PROJECT #RG17-26). The motion passed with a 5 to 0 vote. Approval of Site Improvement Plan (SIP) for new South Suburban Parks and Recreation Park In Lone Tree s Entertainment District Project #SP17-10 Jennifer Drybread, Planning Manager, introduced the item. Brett Collins, South Suburban Parks and Recreation District, spoke about the project. Council Member Shaw moved, Council Member Brunnick seconded, to approve the Site Improvement Plan (SIP) #SP17-10 subject to the following conditions: 1. The encroachment by the proposed irrigation line over Southgate Water and Sanitations District s water line be de-conflicted; and 2. Final approval by the City of Lone Tree Public Works Department for technical requirements. The motion passed with a 5 to 0 vote. Administrative Matters The City Council convened the Local Liquor Licensing Authority, New License Division Public Hearing: Hotel and Restaurant Liquor License Application for Sierra Grill, LLC d/b/a Sierra Grill (10680 Cabela Drive) Mayor Millet opened the public hearing at 7:30 p.m. Tobi Basile, Deputy City Clerk, noted the Authority was in receipt of a packet of information which contained copies of: the license application, individual history City Council Minutes Page 3 of 7 July 18, /01/17 City Council Packet Page 4 of 23

5 records, amended red-lined drawing of the premises and petition summary. She noted that staff has reviewed all the documents including the Articles of Organization, LLC Agreement, Certificate of Good Standing, business license, affidavit of posting, affidavit of publication and petitions. She directed the information be made a part of the record. She also noted the information and documents have been reviewed and found to be in accordance with and in conformity with the City of Lone Tree Liquor and Fermented Malt Beverage Regulations and were accepted into evidence by the Authority. Ms. Basile introduced Joel Judd, Applicant s Attorney, William Brinkerhoff, Applicant, Mark Brinkerhoff, Applicant, and Jerry Wheeler, petition circulator. William Brinkerhoff spoke on behalf of the application. There was no public comment. The public hearing was closed at 7:41 p.m. Following a brief discussion by the Authority, Member Brunnick moved, Member Carpenter seconded, to approve the New Hotel and Restaurant Liquor License for Sierra Grill, LLC d/b/a Sierra Grill located at Cabela Drive, conditional upon the applicant obtaining necessary building permits and approvals. The motion passed with a 5 to 0 vote. Public Hearing: Additional Liquor Licensed Drug Store Liquor License Application for Costco Wholesale Corporation d/b/a Costco Wholesale (10680 Cabela Drive) Mayor Millet opened the public hearing at 7:46 p.m. Tobi Basile, Deputy City Clerk, noted the Authority was in receipt of a packet of information which contained copies of: the license application, red-lined drawing of the premises and petition summary. She noted that staff has reviewed all the documents including the Special Warranty Deed, Articles of Incorporation, Certificate of Good Standing, business license, affidavit of posting, affidavit of publication and petitions. She directed the information be made a part of the record. She also noted the information and documents have been reviewed and found to be in accordance with and in conformity with the City of Lone Tree Liquor and Fermented Malt Beverage Regulations and were accepted into evidence by the Authority. Ms. Basile introduced Brian Proffitt, Applicant s Attorney, Chris Reynolds, General Manager, and representatives from Meadow Liquors and Chateau Liquors. Chris Reynolds spoke on behalf of the application. There was no public comment. City Council Minutes Page 4 of 7 July 18, /01/17 City Council Packet Page 5 of 23

6 The public hearing was closed at 8:12 p.m. Following a brief discussion by the Authority, Member Shaw moved, Mayor Pro Tem Squyer seconded, to approve the Additional Liquor-Licensed Drug Store Liquor License for Costco Wholesale Corporation d/b/a Costco Wholesale #468 located at 8686 Park Meadows Drive, conditional upon: (a) transfer of ownership, change of location, and license merger and conversion of SY Inc. d/b/a Meadow Liquors and BWS Sales, LLC d/b/a Chateau Liquors; (b) submission of the completed Wholesaler Affidavit of Compliance for both Meadow Liquors and Chateau Liquors; and (c) approval of the application for an Additional Liquor- Licensed Drug Store License by the State Licensing Authority. The motion passed with a 5 to 0 vote. Public Hearing: Ordinance 17-10, AN ORDINANCE PROHIBITING THE FILING OR MAKING OF FALSE STATEMENTS TO THE MUNICIPAL COURT (Second Reading) Mayor Millet opened the public hearing at 8:17 p.m. Kristin Schledorn, Assistant City Attorney, introduced the item. There was no public comment. The public hearing was closed at 8:18 p.m. Council Member Carpenter moved, Council Member Brunnick seconded, to approve Ordinance 17-10, AN ORDINANCE PROHIBITING THE FILING OR MAKING OF FALSE STATEMENTS TO THE MUNICIPAL COURT on Second Reading. The motion passed with a 5 to 0 vote. CBC Interview Committees Appointed Tobi Basile, Deputy City Clerk, introduced the item. Ms. Basile stated the following Council Members have agreed to serve on the following committees until May 31, 2018: City Council Minutes Page 5 of 7 July 18, /01/17 City Council Packet Page 6 of 23

7 CBC Arts Commission Audit Committee Board of Adjustment & Board of Appeals Citizens Recreation Advisory Committee Planning Commission Youth Commission 2016/2017 Interview Committee Mayor Pro Tem Squyer & Council Member Brunnick Council Member Carpenter & Council Member Shaw Mayor Pro Tem Squyer & Council Member Shaw Council Member Brunnick & Council Member Carpenter Mayor Pro Tem Squyer & Council Member Carpenter Council Member Carpenter & Council Member Shaw Mayor Pro Tem Squyer moved, Council Member Shaw seconded, to appoint the committees as stated by Ms. Basile to serve until May 31, The motion passed with a 5 to 0 vote. Construction contract for overlay of Park Meadows Drive from Kimmer to Yosemite John Cotten, Public Works Director, introduced the item. Mayor Pro Tem Squyer moved, Council Member Carpenter seconded, to approve the City Manager to award the contract to the lowest responsible bidder for the construction contract for overlay of Park Meadows Drive from Kimmer to Yosemite in the not to exceed amount of the remaining overlay budget which is currently estimated at approximately $219,000. The motion passed with a 5 to 0 vote. Construction contract for Apex Pavement Solutions for the Lone Tree Arts Center Parking Lot Improvements John Cotten, Public Works Director, introduced the item. Council Member Carpenter moved, Council Member Shaw seconded, to approve the City Manager to award a construction contract with Apex Pavement Solutions, if needed, as the second bidder in the Lone Tree Arts Center Parking Lot Improvements contract, Bid Schedule 1, in an additional amount not to exceed $8,000. The motion passed with a 5 to 0 vote. Steve Hebert, Deputy City Manager, informed the City Council of the death of Arts Center Employee, Richard Spomer. Mayor Millet expressed sympathies of the Council. Adjournment City Council Minutes Page 6 of 7 July 18, /01/17 City Council Packet Page 7 of 23

8 There being no further business, Mayor Millet adjourned the meeting at 8:38 p.m. Respectfully submitted, Tobi Basile, Deputy City Clerk City Council Minutes Page 7 of 7 July 18, /01/17 City Council Packet Page 8 of 23

9 CITY OF LONE TREE STAFF REPORT TO: FROM: FOR: Mayor Millet and City Council Steve Hebert, Deputy City Manager August 1, 2017 City Council Meeting DATE: July 27, 2017 SUBJECT: CAP Proposed Council Adopted Policy on Flag Management at City-Owned Facilities Summary The purpose of this policy is to standardize the procedures for the display of the United States, State of Colorado and City of Lone Tree flags at city facilities, in city meeting rooms and at city events. Cost There is no cost to the City. Suggested Motion or Recommended Action I move to approve Council Adopted Policy regarding flag management at city-owned facilities. Background The City of Lone Tree flies the flags of the United States, State of Colorado and City of Lone Tree at the Municipal Office Building at 9220 Kimmer Drive and at the Civic Center at 8527 Lone Tree Parkway. The purpose of the proposed policy is to ensure the proper display and respect for the flags. The practice of proper flag etiquette builds upon the trust and respect our citizens expect. The policy includes by reference as Exhibit A, the United States Code Title 4 Chapter 1. In addition, the policy identifies: 1. Specific dates and times to fly the U.S. flag at half-staff 2. Communication and staff responsibilities upon receiving presidential or gubernatorial orders to lower the flag, with the primary responsibility in the City Manager s Office. 3. Responsibilities for the care and maintenance of flags and equipment. The draft policy is attached. 1 08/01/17 City Council Packet Page 9 of 23

10 CITY COUNCIL ADOPTED POLICY CITY OF LONE TREE SUBJECT: FLAGS AT CITY-OWNED FACILITIES CAP#: ISSUE DATE EFFECTIVE DATE August 1, 2017 August 1, 2017 INTENT The purpose of this policy is to standardize the procedures for the display of the American, Colorado and City of Lone Tree flags at city-owned facilities, including on flag poles and within meeting rooms. POLICY City Council intends to standardize the procedures to properly display and show respect for the flags of the United States, State of Colorado and City of Lone Tree. The use of proper flag etiquette ensures and builds upon the trust and respect our citizens expect. All flags shall be displayed in conformance with the U.S. Flag Code (United States Code Title 4 Chapter 1). A copy of the code is attached as Exhibit A. This policy shall apply to the flags flown at the Municipal Office at 9220 Kimmer Drive, the Civic Center at 8527 Lone Tree Parkway, as well as any future city-owned and maintained flag poles. In addition, this policy shall apply to the display of flags in meeting rooms and at city events. PROCEDURES AND RESPONSIBILTIES SPECIFIC TO THE CITY OF LONE TREE In addition to the guidelines in the aforementioned code, the city will display the exterior flags twentyfour hours a day if properly illuminated during the hours of darkness. It shall be the duties of the Facilities Manager to assure proper illumination. The U.S. flag is to be flown at half-staff in mourning for designated, principal government leaders and upon presidential or gubernatorial order. In addition, the flag will be flown at half-staff on the following days: 1. Peace Officers Memorial Day, May 15th, unless that day is also Armed Forces Day. (sunrise to sunset) 2. Memorial Day, last Monday in May (sunrise to noon) 3. Patriot Day, September 11th (sunrise to sunset) 4. National Firefighters Memorial Day, October (typically a Sunday during Fire Prevention Week, which is around Oct Pearl Harbor Remembrance Day, December 7th (sunrise to sunset) 08/01/17 City Council Packet Page 10 of 23

11 I. Communication upon receiving presidential or gubernatorial order 1. Upon receipt of an executive order from the President of the United States or the Governor of the State of Colorado, the City Manager s office will notify the Facilities Manager and the Commanders of the Police Department. 2. The notification should include date, time, reason and duration of flag status change. 3. The Commander on duty will ensure the order is carried out by assigning personnel to the tasks. The following is the list of assignees to complete the order. a. Facilities Manager, if on duty b. Patrol staff on duty c. Investigation staff on duty, if necessary d. Other support staff, if necessary 4. Staff will notify the Commander upon completion of the task who will notify the City Manager s office. II. Care and maintenance of flags and equipment 1. It shall be the responsibility of the Facilities Manager to ensure the flags are properly cared for; cleaned, mended, replaced and retired. Jacqueline A. Millet Mayor Attest: Jennifer Pettinger City Clerk 08/01/17 City Council Packet Page 11 of 23

12 Exhibit A United States Code Title 4 Chapter 1 the Flag 1. Flag; stripes and stars on The flag of the United States shall be thirteen horizontal stripes, alternate red and white; and the union of the flag shall be forty-eight stars, white in a blue field (Note: Since adoption of the code, stars have been added for Alaska and Hawaii.) 2. Same; additional stars On the admission of a new State into the Union one star shall be added to the union of the flag; and such addition shall take effect on the fourth day of July then next succeeding such admission. 3. Use of flag for advertising purposes; mutilation of flag Any person who, within the District of Columbia, in any manner, for exhibition or display, shall place or cause to be placed any word, figure, mark, picture, design, drawing, or any advertisement of any nature upon any flag, standard, colors, or ensign of the United States of America; or shall expose or cause to be exposed to public view any such flag, standard, colors, or ensign upon which shall have been printed, painted, or otherwise placed, or to which shall be attached, appended, affixed, or annexed any word, figure, mark, picture, design, or drawing, or any advertisement of any nature; or who, within the District of Columbia, shall manufacture, sell, expose for sale, or to public view, or give away or have in possession for sale, or to be given away or for use for any purpose, any article or substance being an article of merchandise, or a receptacle for merchandise or article or thing for carrying or transporting merchandise, upon which shall have been printed, painted, attached, or otherwise placed a representation of any such flag, standard, colors, or ensign, to advertise, call attention to, decorate, mark, or distinguish the article or substance on which so placed shall be deemed guilty of a misdemeanor and shall be punished by a fine not exceeding $100 or by imprisonment for not more than thirty days, or both, in the discretion of the court. The words "flag, standard, colors, or ensign", as used herein, shall include any flag, standard, colors, ensign, or any picture or representation of either, or of any part or parts of either, made of any substance or represented on any substance, of any size evidently purporting to be either of said flag, standard, colors, or ensign of the United States of America or a picture or a representation of either, upon which shall be shown the colors, the stars and the stripes, in any number of either thereof, or of any part or parts of either, by which the average person seeing the same without deliberation may believe the same to represent the flag, colors, standard, or ensign of the United States of America. 4. Pledge of allegiance to the flag; manner of delivery The Pledge of Allegiance to the Flag: "I pledge allegiance to the Flag of the United States of America, and to the Republic for which it stands, one Nation under God, indivisible, with liberty and justice for all.", should be rendered by standing at attention facing the flag with the right hand over the heart. When not in uniform men should remove any non-religious headdress with their right hand and hold it at the left shoulder, the hand being over the heart. Persons in uniform should remain silent, face the flag, and render the military salute. 08/01/17 City Council Packet Page 12 of 23

13 5. Display and use of flag by civilians; codification of rules and customs; definition The following codification of existing rules and customs pertaining to the display and use of the flag of the United States of America be, and it is hereby, established for the use of such civilians or civilian groups or organizations as may not be required to conform with regulations promulgated by one or more executive departments of the Government of the United States. The flag of the United States for the purpose of this chapter shall be defined according to title 4, United States Code, Chapter 1, Section 1 and Section 2 and Executive Order issued pursuant thereto. 6. Time and occasions for display a. It is the universal custom to display the flag only from sunrise to sunset on buildings and on stationary flagstaffs in the open. However, when a patriotic effect is desired, the flag may be displayed twenty-four hours a day if properly illuminated during the hours of darkness. b. The flag should be hoisted briskly and lowered ceremoniously. c. The flag should not be displayed on days when the weather is inclement, except when an all-weather flag is displayed. d. The flag should be displayed on all days, especially on o New Year's Day, January 1 o Inauguration Day, January 20 o Martin Luther King Jr.'s birthday, third Monday in January o Lincoln's Birthday, February 12 o Washington's Birthday, third Monday in February o Easter Sunday (variable) o Mother's Day, second Sunday in May o Armed Forces Day, third Saturday in May o Memorial Day (half-staff until noon), the last Monday in May o Flag Day, June 14 o Father's Day, third Sunday in June o Independence Day, July 4 o Labor Day, first Monday in September o Constitution Day, September 17 o Columbus Day, second Monday in October o Navy Day, October 27 o Veterans Day, November 11 o Thanksgiving Day, fourth Thursday in November o Christmas Day, December 25 o and such other days as may be proclaimed by the President of the United States o the birthdays of States (date of admission) o and on State holidays. 7. Position and manner of display The flag, when carried in a procession with another flag or flags, should be either on the marching right; that is, the flag's own right, or, if there is a line of other flags, in front of the center of that line. 08/01/17 City Council Packet Page 13 of 23

14 a. The flag should not be displayed on a float in a parade except from a staff, or as provided in subsection (i) of this section. b. The flag should not be draped over the hood, top, sides, or back of a vehicle or of a railroad train or a boat. When the flag is displayed on a motorcar, the staff shall be fixed firmly to the chassis or clamped to the right fender. c. No other flag or pennant should be placed above or, if on the same level, to the right of the flag of the United States of America, except during church services conducted by naval chaplains at sea, when the church pennant may be flown above the flag during church services for the personnel of the Navy. No person shall display the flag of the United Nations or any other national or international flag equal, above, or in a position of superior prominence or honor to, or in place of, the flag of the United States at any place within the United States or any Territory or possession thereof: Provided, That nothing in this section shall make unlawful the continuance of the practice heretofore followed of displaying the flag of the United Nations in a position of superior prominence or honor, and other national flags in positions of equal prominence or honor, with that of the flag of the United States at the headquarters of the United Nations. d. The flag of the United States of America, when it is displayed with another flag against a wall from crossed staffs, should be on the right, the flag's own right, and its staff should be in front of the staff of the other flag. e. The flag of the United States of America should be at the center and at the highest point of the group when a number of flags of States or localities or pennants of societies are grouped and displayed from staffs. f. When flags of States, cities, or localities, or pennants of societies are flown on the same halyard with the flag of the United States, the latter should always be at the peak. When the flags are flown from adjacent staffs, the flag of the United States should be hoisted first and lowered last. No such flag or pennant may be placed above the flag of the United States or to the United States flag's right. g. When flags of two or more nations are displayed, they are to be flown from separate staffs of the same height. The flags should be of approximately equal size. International usage forbids the display of the flag of one nation above that of another nation in time of peace. h. When the flag of the United States is displayed from a staff projecting horizontally or at an angle from the window sill, balcony, or front of a building, the union of the flag should be placed at the peak of the staff unless the flag is at half-staff. When the flag is suspended over a sidewalk from a rope extending from a house to a pole at the edge of the sidewalk, the flag should be hoisted out, union first, from the building. i. When displayed either horizontally or vertically against a wall, the union should be uppermost and to the flag's own right, that is, to the observer's left. When displayed in a window, the flag should be displayed in the same way, with the union or blue field to the left of the observer in the street. j. When the flag is displayed over the middle of the street, it should be suspended vertically with the union to the north in an east and west street or to the east in a north and south street. k. When used on a speaker's platform, the flag, if displayed flat, should be displayed above and behind the speaker. When displayed from a staff in a church or public auditorium, the flag of the United States of America should hold the position of superior prominence, in advance of the audience, and in the position of honor at the clergyman's or speaker's right as he faces the audience. Any other flag so displayed should be placed on the left of the clergyman or speaker or to the right of the audience. l. The flag should form a distinctive feature of the ceremony of unveiling a statue or monument, but it should never be used as the covering for the statue or monument. 08/01/17 City Council Packet Page 14 of 23

15 m. The flag, when flown at half-staff, should be first hoisted to the peak for an instant and then lowered to the half-staff position. The flag should be again raised to the peak before it is lowered for the day. On Memorial Day the flag should be displayed at half-staff until noon only, then raised to the top of the staff. By order of the President, the flag shall be flown at half-staff upon the death of principal figures of the United States Government and the Governor of a State, territory, or possession, as a mark of respect to their memory. In the event of the death of other officials or foreign dignitaries, the flag is to be displayed at half-staff according to Presidential instructions or orders, or in accordance with recognized customs or practices not inconsistent with law. In the event of the death of a present or former official of the government of any State, territory, or possession of the United States, or the death of a member of the Armed Forces from any State, territory, or possession who dies while serving on active duty, the Governor of that State, territory, or possession may proclaim that the National flag shall be flown at half-staff, and the same authority is provided to the Mayor of the District of Columbia with respect to present or former officials of the District of Columbia and members of the Armed Forces from the District of Columbia. The flag shall be flown at half-staff 30 days from the death of the President or a former President; 10 days from the day of death of the Vice President, the Chief Justice or a retired Chief Justice of the United States, or the Speaker of the House of Representatives; from the day of death until interment of an Associate Justice of the Supreme Court, a Secretary of an executive or military department, a former Vice President, or the Governor of a State, territory, or possession; and on the day of death and the following day for a Member of Congress. The flag shall be flown at half-staff on Peace Officers Memorial Day, unless that day is also Armed Forces Day. As used in this subsection 1. the term "half-staff" means the position of the flag when it is one-half the distance between the top and bottom of the staff; 2. the term "executive or military department" means any agency listed under sections 101 and 102 of title 5, United States Code; and 3. the term "Member of Congress" means a Senator, a Representative, a Delegate, or the Resident Commissioner from Puerto Rico. n. When the flag is used to cover a casket, it should be so placed that the union is at the head and over the left shoulder. The flag should not be lowered into the grave or allowed to touch the ground. o. When the flag is suspended across a corridor or lobby in a building with only one main entrance, it should be suspended vertically with the union of the flag to the observer's left upon entering. If the building has more than one main entrance, the flag should be suspended vertically near the center of the corridor or lobby with the union to the north, when entrances are to the east and west or to the east when entrances are to the north and south. If there are entrances in more than two directions, the union should be to the east. 8. Respect for flag No disrespect should be shown to the flag of the United States of America; the flag should not be dipped to any person or thing. Regimental colors, State flags, and organization or institutional flags are to be dipped as a mark of honor. a. The flag should never be displayed with the union down, except as a signal of dire distress in instances of extreme danger to life or property. b. The flag should never touch anything beneath it, such as the ground, the floor, water, or merchandise. 08/01/17 City Council Packet Page 15 of 23

16 c. The flag should never be carried flat or horizontally, but always aloft and free. d. The flag should never be used as wearing apparel, bedding, or drapery. It should never be festooned, drawn back, nor up, in folds, but always allowed to fall free. Bunting of blue, white, and red, always arranged with the blue above, the white in the middle, and the red below, should be used for covering a speaker's desk, draping the front of the platform, and for decoration in general. e. The flag should never be fastened, displayed, used, or stored in such a manner as to permit it to be easily torn, soiled, or damaged in any way. f. The flag should never be used as a covering for a ceiling. g. The flag should never have placed upon it, nor on any part of it, nor attached to it any mark, insignia, letter, word, figure, design, picture, or drawing of any nature. h. The flag should never be used as a receptacle for receiving, holding, carrying, or delivering anything. i. The flag should never be used for advertising purposes in any manner whatsoever. It should not be embroidered on such articles as cushions or handkerchiefs and the like, printed or otherwise impressed on paper napkins or boxes or anything that is designed for temporary use and discard. Advertising signs should not be fastened to a staff or halyard from which the flag is flown. j. No part of the flag should ever be used as a costume or athletic uniform. However, a flag patch may be affixed to the uniform of military personnel, firemen, policemen, and members of patriotic organizations. The flag represents a living country and is itself considered a living thing. Therefore, the lapel flag pin being a replica, should be worn on the left lapel near the heart. k. The flag, when it is in such condition that it is no longer a fitting emblem for display, should be destroyed in a dignified way, preferably by burning 9. Conduct during hoisting, lowering or passing of flag During the ceremony of hoisting or lowering the flag or when the flag is passing in a parade or in review, all persons present in uniform should render the military salute. Members of the Armed Forces and veterans who are present but not in uniform may render the military salute. All other persons present should face the flag and stand at attention with their right hand over the heart, or if applicable, remove their headdress with their right hand and hold it at the left shoulder, the hand being over the heart. Citizens of other countries present should stand at attention. All such conduct toward the flag in a moving column should be rendered at the moment the flag passes. 10. Modification of rules and customs by President Any rule or custom pertaining to the display of the flag of the United States of America, set forth herein, may be altered, modified, or repealed, or additional rules with respect thereto may be prescribed, by the Commander in Chief of the Armed Forces of the United States, whenever he deems it to be appropriate or desirable; and any such alteration or additional rule shall be set forth in a proclamation 08/01/17 City Council Packet Page 16 of 23

17 CITY OF LONE TREE STAFF REPORT TO: FROM: Mayor and City Council Jeff Holwell, Economic Development Director DATE: July 25, 2017 FOR: SUBJECT: August 1, 2017 City Council Meeting OmniPark Metropolitan District IGA for Renewal of Lone Tree Link Summary The attached IGA serves as a renewal of the OmniPark Metropolitan District s support of the Lone Tree Link public-private partnership for a fourth service year. It was approved by the OmniPark Metro District Board and is now presented to City Council for final approval. The terms of the Link service are similar to previous years. OmniPark Metro District will contribute $100,000 to the City in exchange for twelve months (September 17, September 16, 2018) of Lone Tree Link shuttle service. In the upcoming year OmniPark will have two shuttle stops one at Park Meadows Drive and one at Park Meadows Drive to boost ridership and serve additional primary employers within the business community. With the recommitment of OmniPark Metro District, the five Lone Tree Link partners include the City of Lone Tree, OmniPark, Charles Schwab, Sky Ridge Medical Center, and the Southeast Public Improvement Metropolitan District (SPIMD). Additionally, the City will budget for the Lone Tree Link in FY Lone Tree Link In its second service year, the Lone Tree Link achieved 80,819 boardings and carries on average over 300 riders per day in all weather conditions. From January 2017 through May 2017, the Lone Tree Link carried 34,449 riders, on track to match the 2016 ridership numbers. Cost There is no cost to the City for acceptance of this IGA. Suggested Motion I move to approve the IGA with the OmniPark Metropolitan District. 08/01/17 City Council Packet Page 17 of 23

18 THIRD AMENDMENT TO EXTEND THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF LONE TREE AND OMNIPARK METROPOLITAN DISTRICT REGARDING PARTICIPATION IN THE CITY OF LONE TREE CIRCULATOR SHUTTLE BUS SERVICE This Third Amendment to Extend the Intergovernmental Agreement (the Third Amendment ), is entered into this day of, 2017, by and between the City of Lone Tree, Colorado (the City ), a State of Colorado home rule municipality, whose address is 9220 Kimmer Drive, Suite 100, Lone Tree, CO 80124, and OmniPark Metropolitan District (the District ), whose address is OmniPark Metropolitan District c/o CliftonLarsonAllen LLP, 8390 East Crescent Parkway, Suite 500, Greenwood Village, CO (each individually the "Party" and collectively the "Parties"). RECITALS WHEREAS, the City and the District previously entered into an Intergovernmental Agreement (the Original IGA ) on June 16, 2014, whereby the City and the District formed a public-private partnership (the Partnership ) with other institutions, businesses and organizations along the Park Meadows Drive corridor to provide a circulator shuttle bus service; and WHEREAS, the City and the District extended the IGA for by entering into a First Amendment to Extend the Intergovernmental Agreement on May 18, 2015 (the First Amendment ) and extended the IGA for by entering into a Second Amendment to Extend the Intergovernmental Agreement on January 16, 2017 (the Second Amendment and together with the Original IGA and the First Amendment, the IGA ); and WHEREAS, a payment of $100, was made by the District for the third year of operations of the shuttle service, which, combined with the payments by the City and the other members of the Partnership, allowed for the continued operation of the Lone Tree Link, a reliable, high quality shuttle bus service; and WHEREAS, the Parties agreed, pursuant to the terms of the Second Amendment, that the Partnership shall evaluate the shuttle service program and the shuttle service provider in spring and summer of 2017, before a decision on, or implementation of, service; and WHEREAS, the IGA automatically terminates on September 16, 2017, if the Parties do not mutually agree in writing to extend it; and WHEREAS, by this Third Amendment, the Parties wish to continue the Lone Tree Link circulator shuttle bus service and the provisions of the IGA for an additional one year period. 08/01/17 City Council Packet Page 18 of 23

19 NOW, THEREFORE, in consideration of the mutual undertakings set forth in this Third Amendment, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: AGREEMENT 1. The foregoing recitals are hereby acknowledged by the Parties and are incorporated into this Third Amendment. 2. This Third Amendment shall commence upon execution by both Parties. 3. The City and the District agree to continue participation in the public-private Partnership to provide circulator shuttle bus service as set forth herein and in the IGA. The members of the Partnership are the City, Charles Schwab & Co, Inc., HCA HealthONE LLC d/b/a/ Sky Ridge Medical Center and District. 4. Subject to the provisions of the IGA and this Third Amendment, the District agrees to contribute $100, to the City within 30 days of the date of this Third Amendment, to fund its share of the shuttle bus service contract renewal for one additional year, which shall commence on September 17, 2017, and continue through September 16, 2018, (the Renewal Year ). This payment shall ensure two shuttle stops at a mutually agreed upon area at or as near as possible to District s property for twelve months. All Partnership members shall receive the same service for the same payment, with the exception of Charles Schwab which shall pay an additional fee for enhanced morning service to its campus. 5. The City shall contribute up to and no more than $250, toward the shuttle service for ; but in no case shall it contribute less than the District. 6. The City agrees to renew its contract for the Lone Tree Link, in the City s name, for twelve (12) additional months, commencing September 17, 2017 through September 16, 2018, with an option to renew annually. 7. The Parties agree the City may not renew its contract for shuttle services if it does not receive funding from all members of the Partnership. Upon a failure by a member of the Partnership to make its payment, the Partnership shall be consulted before a contract is renewed. If the City does not receive the requested payments from all members of the Partnership in addition to the City s payment, the City, in consultation with the remaining members of the Partnership, may terminate this Third Amendment not renew the contract for shuttle services. However, in such an event, the City shall promptly refund to District all amounts paid under this Third Amendment. 8. The City has planned for 5 stops overall along the route, which are the RTD Lincoln Light Rail Station, Sky Ridge Medical Center, the Charles Schwab campus and two stops in the OmniPark Metropolitan District (one at Park Meadows Drive and one at Park Meadows Drive). All members of the Partnership shall receive the same level of service for the same payment, with the exception of Charles Schwab which shall contribute an additional fee for enhanced morning service to its campus. This morning service is two dedicated shuttle busses 08/01/17 City Council Packet Page 19 of 23

20 from 6:00 a.m. to 7:30 a.m. on weekdays, running continuously from the RTD Lincoln Light Rail Station to the Charles Schwab campus. 9. Shuttle service shall run weekdays from 6:00 a.m. until approximately 7:00 p.m., exclusive of holidays. Holidays are considered to be the following: Thanksgiving Christmas New Year s Day Martin Luther King, Jr. Day President s Day Memorial Day Independence Day Labor Day Other days without service may be negotiated with the Partnership. 10. The Parties agree that the Partnership shall evaluate the shuttle service program and the shuttle service provider in spring and summer of 2018, before a decision on, or implementation of, service. Each member of the Partnership shall have the option to terminate its participation for convenience at the end of the Renewal Year. As such, this Third Amendment shall automatically terminate September 16, 2018, if the Parties do not mutually agree in writing to extend it. No provision of this Third Amendment shall survive termination unless expressly set forth herein. 11. All provisions of the IGA not inconsistent with this Third Amendment shall remain in full force and effect, unless mutually agreed upon in writing. 12. This Third Amendment may be executed in any number of counterparts, each of which shall be considered an original for all purposes, and all of which, when taken together, shall constitute one and the same agreement. IN WITNESS WHEREOF, the City of Lone Tree and the OmniPark Metropolitan District have caused this Third Amendment to be signed and executed as of this date. Agreed to and Accepted: CITY OF LONE TREE, COLORADO Jacqueline A. Millet, Mayor 08/01/17 City Council Packet Page 20 of 23

21 ATTEST: Jennifer Pettinger, CMC, City Clerk Seal OMNIPARK METROPOLITAN DISTRICT President ATTEST: Secretary 08/01/17 City Council Packet Page 21 of 23

22 CITY OF LONE TREE STAFF REPORT TO: FROM: Mayor Millet and City Council Tobi Basile, Deputy City Clerk DATE: July 25, 2017 FOR: SUBJECT: August 1, 2017 City Council Agenda Reappointment and Appointments to the Lone Tree Youth Commission Background & Summary The Lone Tree Youth Commission consists of seven members of the community that are currently in, or entering, eighth through twelfth grade. The Youth Commission provides the opportunity to learn about local government while becoming active and engaged in the community. The Youth Commission will have three vacancies with the term expirations of Kate Schaffer, Matthew Zimmerman, and Noelle Harff on August 31, Noelle Harff is currently serving a partial term and is eligible for reappointment. On July 24, 2017, Council Member Carpenter and Council Member Shaw interviewed four applicants for the two remaining openings on the Youth Commission. After deliberation, Council Member Carpenter and Council Member Shaw recommend the appointment of Ava Taylor and Vasudev Patel to the Lone Tree Youth Commission. Cost There is no direct cost. Suggested Motion I move to Approve Resolution 17-15, approving the reappointment and appointment of members to the Lone Tree Youth Commission 08/01/17 City Council Packet Page 22 of 23

23 CITY OF LONE TREE RESOLUTION NO A RESOLUTION REAPPOINTING/APPOINTING MEMBERS TO THE YOUTH COMMISSION FOR THE CITY OF LONE TREE WHEREAS, by Resolution 09-02, the City Council created the Youth Commission (the Commission) which advises the City on matters pertaining to youth and youth interest in the City of Lone Tree; and WHEREAS, by Resolution 09-02, the Commission is comprised of not more than seven and not less than five resident members, all of whom are residents of Lone Tree and currently enrolled in 8 th through 12 th grade; and WHEREAS, there will be three vacancies on the Youth Commission beginning on September 1, 2017; and WHEREAS, a member who currently occupies that expiring term wishes to be reappointed at the expiration of their term, qualifies for that seat and is a member in good standing; and WHEREAS, the City Council desires to appoint two members to the vacancy, such appointment to be effective on the date of expiration of the previous term NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LONE TREE, COLORADO: 1. That Noelle Harff is hereby reappointed to the Youth Commission for a two (2) year term beginning on September 1, 2017 and expiring on August 31, That Ava Taylor is hereby appointed to the Youth Commission for a two (2) year term beginning on September 1, 2017 and expiring on August 31, That Vasudev Patel is hereby appointed to the Youth Commission for a two (2) year term beginning on September 1, 2017 and expiring on August 31, APPROVED AND ADOPTED THIS 1 st DAY OF AUGUST CITY OF LONE TREE ATTEST: Jacqueline A. Millet, Mayor Jennifer Pettinger, CMC, City Clerk (S E A L) 08/01/17 City Council Packet Page 23 of 23