The URL can be used to link to this page

Home My WebLink About2017-05-01 (Regular) Meeting Agenda Packet Please note: If you have a disability and need auxiliary aids or services, please notify the City of Englewood (303-762-2405) at least 48 hours in advance of when services are needed. 1000 Englewood Pkwy – Council Chambers Englewood, CO 80110 AGENDA City Council Regular Meeting Monday, May 1, 2017 ♦ 7:00 PM 1. Call to Order 2. Invocation 3. Pledge of Allegiance 4. Roll Call 5. Consideration of Minutes of Previous Session a. Minutes from the Regular City Council Meeting of April 17, 2017. City Council Regular - 17 Apr 2017 - Minutes - Pdf 6. Recognition of Scheduled Public Comment The deadline to sign up to speak for Scheduled Public Comment is Wednesday, prior to the meeting, through the City Manager’s Office. Only those who meet the deadline can speak in this section. (This is an opportunity for the public to address City Council. There is an expectation that the presentation will be conducted in a respectful manner. Council may ask questions for clarification, but there will not be any dialogue. Please limit your presentation to five minutes.) a. Recognition of the Englewood Police Citizens Academy Class 12 Graduates - Amanda Arnce - Robert Carver - Christie Cotter - Matt Fiveson - Carol Harr - Dennis Hughes - Christian Kraft - Stephen Mann - Shelley R Manzano - Lynette Moore - Caren Nixon - Regina Ochoa - Travis Reece - Michael Rittner - Darryl Rittner - Brian Simons - Frank Tsu - Brianna Verbeck - Marc Williams - Cathye Woody b. Doug Cohn, an Englewood resident, will address Council regarding historic preservation. c. Coween Dickerson, an Englewood resident, will address Council regarding Page 1 of 141 Englewood City Council Regular Agenda May 1, 2017 Please note: If you have a disability and need auxiliary aids or services, please notify the City of Englewood (303-762-2405) at least 48 hours in advance of when services are needed. communications. 7. Recognition of Unscheduled Public Comment Speakers must sign up for Unscheduled Public Comment at the beginning of the meeting. (This is an opportunity for the public to address City Council. There is an expectation that the presentation will be conducted in a respectful manner. Council may ask questions for clarification, but there will not be any dialogue. Please limit your presentation to three minutes. Time for unscheduled public comment may be limited to 45 minutes, and if limited, shall be continued to General Discussion.) Council Response to Public Comment. 8. Communications, Proclamations, and Appointments 9. Consent Agenda Items a. Approval of Ordinances on First Reading b. Approval of Ordinances on Second Reading. i. Historic Preservation Commission Ordinance Council Bill 10 - Historic Preservation Commission Ordinance - Pdf Staff recommends that City Council approve an Ordinance creating the Englewood Historic Preservation Commission. Staff: Senior Planner Harold Stitt ii. Budget Advisory Committee Term Extension Council Bill 11 - Budget Advisory Committee Term Extension - Pdf Staff recommends Council approve an Ordinance to change the term of the Budget Advisory Committee (BAC) from three years (which would sunset in May, 2017) to make the BAC a permanent committee, to add a provision to include two Council members as non-voting liaisons, and to include an option for the BAC to provide issue briefs in addition to their annual report. Staff: Finance and Administrative Services Director Kathleen Rinkel iii. M.O.U. State of Colorado and City of Englewood D.T.R.S. updates Council Bill 27 - Digital Trunked Radio System Upgrade M.O.U. - Pdf Staff recommends Council approve an Ordinance approving this Memorandum of Understanding between the State of Colorado, Governor's Office of Information Technology and the City of Englewood regarding upgrades to the public safety statewide digital trunked radio system software. Staff: Commander Sam Watson c. Resolutions and Motions i. Council Travel to CML City Council CML Travel - Pdf City Council requests, by motion, the ability to have five members travel to Breckenridge, Colorado for the 95th Annual CML Conference. The purpose of this conference is professional development related to the duties as elected municipal officials. Staff: City Manager Eric Keck Page 2 of 141 Englewood City Council Regular Agenda May 1, 2017 Please note: If you have a disability and need auxiliary aids or services, please notify the City of Englewood (303-762-2405) at least 48 hours in advance of when services are needed. 10. Public Hearing Items a. Sign Code Amendments to the Unified Development Code (UDC) Public Hearing. Council Bill 14 - Sign Code Amendments to the Unified Development Code (UDC). - Pdf Community Development recommends that City Council consider testimony during Public Hearing on an Ordinance authorizing amendments to UDC Title 16, Chapter 6, Section 13: Signs; Title 16, Chapter 11, Section 2: Definition of Words, Terms, and Phrases; and Title 15, Chapter 16, Section 3: Signs - (Garage Sales). Staff: Planner II Brook Bell 11. Ordinances, Resolutions and Motions a. Approval of Ordinances on First Reading i. Grant of City Ditch Easement at 3650 South Broadway Council Bill 31 - 3650 South Broadway Easement - Pdf Staff recommends City Council approve a Bill for Ordinance approving the Grant of City Ditch Easement to the City of Englewood from Cherry Hills Apartments, LLC. Staff: Utilities Director Tom Brennan b. Approval of Ordinances on Second Reading i. General Obligation Bond for Englewood Police Headquarters Building Council Bill 30 - General Obligation Bond for Englewood Police Headquarters Building - Pdf Staff recommends that Council approve an Ordinance to establish parameters authorizing the sale of General Obligation Bonds (GOB) for the Englewood Police Headquarters Building. Staff: Finance and Administrative Services Director Kathleen Rinkel c. Resolutions and Motions 12. General Discussion a. Mayor's Choice i. Executive Session - A conference with the City Attorney for the purpose of receiving legal advice on specific legal questions and proceedings pursuant to C.R.S. Section 24-6-402(4)(b). b. Council Members' Choice 13. City Manager’s Report 14. City Attorney’s Report 15. Adjournment Page 3 of 141 MINUTES City Council Regular Meeting Monday, April 17, 2017 1000 Englewood Pkwy – Council Chambers 7:00 PM 1 Call to Order The regular meeting of the Englewood City Council was called to order by Mayor Jefferson at 7:08 p.m. 2 Invocation The invocation was given by Council Member Russell. 3 Pledge of Allegiance The Pledge of Allegiance was led by Council Member Russell. 4 Roll Call COUNCIL PRESENT: Mayor Joe Jefferson Mayor Pro Tem Rick Gillit Council Member Laurett Barrentine Council Member Amy Martinez Council Member Linda Olson Council Member Rita Russell Council Member Steve Yates A quorum was present. COUNCIL ABSENT: None STAFF PRESENT: City Manager Keck City Attorney McKenney Brown Assistant City Manager Robinson City Clerk Ellis Acting City Clerk Carlile Director Rinkel, Finance and Administrative Services Director Henderson, Public Works Director Kuosman, Littleton/Englewood Wastewater Treatment Plant Director Power, Community Development Director Brennan, Utilities Page 1 of 18 Draft Page 4 of 141 City Council Regular April 17, 2017 Industrial Pretreatment Administrator Bridges, Littleton/Englewood Wastewater Treatment Plant Business Services Administrator Goodburn, Littleton/Englewood Wastewater Treatment Plant Project Engineer IV Woo, Littleton/Englewood Wastewater Treatment Plant Recreation Services Manager Sack, Parks and Recreation Facility Services and Maintenance Manager Long, Public Works Right of Way Services Manager Nimmo, Public Works Senior Planner Stitt, Community Development Planner II Bell, Community Development Planner I Kirk, Community Development Economic Development Manager Hollingsworth, Community Development Fleet Manager Edwards, Public Works Communications Manager Carney, City Manager's Office Parks Technician McClure, Parks, Recreation and Library Commander W atson, Police Department Technical Support Specialist Munnell, Information Technology 5 Consideration of Minutes of Previous Session a) Minutes from the Regular City Council Meeting of April 3, 2017. Moved by Council Member Rick Gillit Seconded by Council Member Linda Olson TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF APRIL 3, 2017. For Against Abstained Amy Martinez x Joe Jefferson x Linda Olson (Seconded By) x Laurett Barrentine x Rita Russell x Rick Gillit (Moved By) x Steve Yates x 7 0 0 Motion CARRIED. 6 Recognition of Scheduled Public Comment a) City Council recognized the Englewood nominees for the 2017 Arapahoe County Mayors and Commissioners Youth Awards: Page 2 of 18 Draft Page 5 of 141 City Council Regular April 17, 2017 - Julia Bechtel, Colorado's Finest High School of Choice - Skylar Cole, Colorado's Finest High School of Choice - Jennifer Olson, Colorado's Finest High School of Choice - Audrey "Beck" Waltrip, Colorado's Finest High School of Choice - Mikayla Welch, Colorado's Finest High School of Choice - Regina Evans, Englewood High School - Mykayla King, Englewood High School - Matthew Mendez, Englewood High School - Kai Bjorn Finstad, Englewood Leadership Academy - Emerlie Wages-Zoerb, Englewood Middle School b) Scott Gilbert, an Englewood resident, addressed Council regarding Civic Center security. c) Ida Mae Nicholl, an Englewood resident, addressed Council regarding Mr. Rotollo (Rotollo Park). d) Coween Dickerson, an Englewood resident, addressed Council regarding code enforcement practices. e) Art Emison addressed Council regarding W. Adriatic Place road and utilities. 7 Recognition of Unscheduled Public Comment a) Pam Chadbourne, a Littleton resident, addressed Council regarding Council Bill No. 25. b) Joyce Condon, an Englewood resident, addressed Council regarding the budget for the Malley Center. c) Don Christensen, an Englewood resident, addressed Council regarding the budget for the Malley Center. d) Richard Hos, an Englewood business owner, addressed Council regarding homeless issues. e) Tim Morgen, a representative for an Englewood business, addressed Council and introduced BGood Medical Marijuana Dispensary at 11 W. Hampden Ave. f) Susie Christensen, an Englewood resident, addressed Council regarding excursions and Malley Center activities. g) Dave Cheadle, an Englewood business owner, addressed Council regarding a non-profit for the homeless. h) Joe Anderson, an Englewood resident, addressed Council regarding his support for the new non-profit for the homeless. Page 3 of 18 Draft Page 6 of 141 City Council Regular April 17, 2017 Council Responded to Public Comment. 8 Communications, Proclamations, and Appointments a) Arbor Day Moved by Council Member Linda Olson Seconded by Council Member Amy Martinez TO APPROVE A PROCLAMATION TO RECOGNIZE ARBOR DAY ON APRIL 21, 2017. For Against Abstained Amy Martinez (Seconded By) x Joe Jefferson x Linda Olson (Moved By) x Laurett Barrentine x Rita Russell x Rick Gillit x Steve Yates x 7 0 0 Motion CARRIED. City of Englewood Parks Technician Jake McClure accepted the Proclamation. Motion MOTION CARRIED. Moved by Council Member Rick Gillit Seconded by Council Member Steve Yates Motion to move Agenda Item 12 (a) (i) Executive Session forward. For Against Abstained Amy Martinez x Joe Jefferson x Linda Olson x Laurett Barrentine x Rita Russell x Rick Gillit (Moved By) x Steve Yates (Seconded By) x 6 1 0 Page 4 of 18 Draft Page 7 of 141 City Council Regular April 17, 2017 Motion CARRIED. Moved by Council Member Rick Gillit Seconded by Council Member Steve Yates TO MOVE INTO EXECUTIVE SESSION WITH THE CITY ATTORNEY FOR THE PURPOSE OF RECEIVING LEGAL ADVICE ON SPECIFIC LEGAL QUESTIONS AND PROCEEDINGS PURSUANT TO C.R.S. SECTION 24-6-402(4)(b). For Against Abstained Amy Martinez x Joe Jefferson x Linda Olson x Laurett Barrentine x Rita Russell x Rick Gillit (Moved By) x Steve Yates (Seconded By) x 7 0 0 Motion CARRIED. The meeting recessed at 8:18 p.m. to go into Executive Session. The meeting reconvened at 8:52 p.m. with all Council Members present. Moved by Council Member Rick Gillit Seconded by Council Member Amy Martinez TO CLOSE THE EXECUTIVE SESSION. For Against Abstained Amy Martinez (Seconded By) x Joe Jefferson x Linda Olson x Laurett Barrentine x Rita Russell x Rick Gillit (Moved By) x Steve Yates x 7 0 0 Motion CARRIED. Page 5 of 18 Draft Page 8 of 141 City Council Regular April 17, 2017 9 Consent Agenda Items Moved by Council Member Rick Gillit, seconded by Council Member Linda Olson to approve Consent Agenda Items 9 (a) (i - ii) 9 (b) (i - xv)and 9 (c) (i - iii). Council Member Rita Russell removed Agenda Items 9 (a) (i) and 9 (c) (i - iii) from Consent Agenda. Council Member Laurett Barrentine removed Agenda Item 9 (b) (xiii) from Consent Agenda. a) Approval of Ordinances on First Reading i) Budget Advisory Committee Term Extension Moved by Council Member Rick Gillit Seconded by Council Member Steve Yates [Clerks note: This agenda item was removed from the Consent Agenda Motion and considered independently.] MOTION TO APPROVE COUNCIL BILL NO. 11 Moved by Council Member Rita Russell Seconded by Council Member Laurett Barrentine Motion to amend Council Bill No. 11 by removing section G from 2-14-5: Powers and Duties. For Against Abstained Laurett Barrentine (Seconded By) x Rita Russell (Moved By) x Amy Martinez x Joe Jefferson x Linda Olson x Rick Gillit x Steve Yates x 2 5 0 Motion DEFEATED. Page 6 of 18 Draft Page 9 of 141 City Council Regular April 17, 2017 Moved by Council Member Rick Gillit Seconded by Council Member Steve Yates COUNCIL BILL NO. 11 INTRODUCED BY COUNCIL MEMBER GILLIT A BILL FOR AN ORDINANCE AMENDING TITLE 2, CHAPTER 14, OF THE ENGLEWOOD MUNICIPAL CODE 2000 PERTAINING TO THE BUDGET ADVISORY COMMITTEE. For Against Abstained Amy Martinez x Joe Jefferson x Linda Olson x Laurett Barrentine x Rita Russell x Rick Gillit (Moved By) x Steve Yates (Seconded By) x 5 2 0 Motion CARRIED. ii) M.O.U. State of Colorado and City of Englewood D.T.R.S. updates COUNCIL BILL NO. 27 INTRODUCED BY COUNCIL MEMBER GILLIT A BILL FOR AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE COLORADO GOVERNOR’S OFFICE OF INFORMATION TECHNOLOGY AND THE CITY OF ENGLEWOOD, COLORADO. b) Approval of Ordinances on Second Reading. i) South Metro Enterprise Zone – Administrative Grant P.O. #POGG1 2017-634 ORDINANCE NO. 12 (COUNCIL BILL NO. 12 INTRODUCED BY COUNCIL MEMBER GILLIT) AN ORDINANCE AUTHORIZING ACCEPTANCE OF A GRANT FROM THE STATE OF COLORADO, ECONOMIC DEVELOPMENT AND INTERNATIONAL TRADE (OEDIT) TO FUND ADMINISTRATION ACTIVITIES FOR THE SOUTH METRO ENTERPRISE ZONE. ii) IGA with Douglas County to obtain sex offender tracking software Page 7 of 18 Draft Page 10 of 141 City Council Regular April 17, 2017 SOTAR ORDINANCE NO. 13 (COUNCIL BILL NO. 13 INTRODUCED BY COUNCIL MEMBER GILLIT) AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF DOUGLAS AND THE CITY OF ENGLEWOOD/ENGLEWOOD POLICE DEPARTMENT. iii) Bow Mar Water and Sanitation District Addendum to Wastewater Connector's Agreement ORDINANCE NO. 14 (COUNCIL BILL NO. 15 INTRODUCED BY COUNCIL MEMBER GILLIT) AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL ADDENDUM TO WASTEWATER CONNECTOR’S AGREEMENT FOR DISTRICTS BETWEEN BOW MAR WATER AND SANITATION DISTRICT AND THE CITY OF ENGLEWOOD, COLORADO. iv) Cherry Hills Heights Water and Sanitation District Addendum to Wastewater Connector's Agreement ORDINANCE NO. 15 (COUNCIL BILL NO. 16 INTRODUCED BY COUNCIL MEMBER GILLIT) AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL ADDENDUM TO WASTEWATER CONNECTOR’S AGREEMENT FOR DISTRICTS BETWEEN CHERRY HILLS HEIGHTS WATER AND SANITATION DISTRICT AND THE CITY OF ENGLEWOOD, COLORADO. v) Cherry Hills Village Sanitation District Addendum to Wastewater Connector's Agreement ORDINANCE NO. 16 (COUNCIL BILL NO. 17 INTRODUCED BY COUNCIL MEMBER GILLIT) AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL ADDENDUM TO WASTEWATER CONNECTOR’S AGREEMENT FOR DISTRICTS BETWEEN CHERRY HILLS VILLAGE SANITATION DISTRICT AND THE CITY OF ENGLEWOOD, COLORADO. vi) Columbine Water and Sanitation District Addendum to Wastewater Connector's Agreement ORDINANCE NO. 17 (COUNCIL BILL NO. 18 INTRODUCED BY COUNCIL MEMBER GILLIT) Page 8 of 18 Draft Page 11 of 141 City Council Regular April 17, 2017 AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL ADDENDUM TO WASTEWATER CONNECTOR’S AGREEMENT FOR DISTRICTS BETWEEN COLUMBINE WATER AND SANITATION DISTRICT AND THE CITY OF ENGLEWOOD, COLORADO. vii) Country Homes Metropolitan District Addendum to Wastewater Connector's Agreement ORDINANCE NO. 18 (COUNCIL BILL NO. 19 INTRODUCED BY COUNCIL MEMBER GILLIT) AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL ADDENDUM TO WASTEWATER CONNECTOR’S AGREEMENT FOR DISTRICTS BETWEEN COUNTRY HOMES METROPOLITAN DISTRICT AND THE CITY OF ENGLEWOOD, COLORADO. viii) City of Sheridan Addendum to Wastewater Connector's Agreement ORDINANCE NO. 19 (COUNCIL BILL NO. 20 INTRODUCED BY COUNCIL MEMBER GILLIT) AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL ADDENDUM TO WASTEWATER CONNECTOR’S AGREEMENT FOR DISTRICTS BETWEEN THE CITY OF SHERIDAN AND THE CITY OF ENGLEWOOD, COLORADO. ix) South Arapahoe Sanitation District Addendum to Wastewater Connector's Agreement ORDINANCE NO. 20 (COUNCIL BILL NO. 21 INTRODUCED BY COUNCIL MEMBER GILLIT) AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL ADDENDUM TO WASTEWATER CONNECTOR’S AGREEMENT FOR DISTRICTS BETWEEN SOUTH ARAPAHOE SANITATION DISTRICT AND THE CITY OF ENGLEWOOD, COLORADO. x) Southgate Sanitation District Addendum to Wastewater Connector's Agreement ORDINANCE NO. 21 (COUNCIL BILL NO. 22 INTRODUCED BY COUNCIL MEMBER GILLIT) AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL ADDENDUM TO WASTEWATER CONNECTOR’S AGREEMENT FOR DISTRICTS BETWEEN SOUTHGATE SANITATION DISTRICT AND THE CITY OF ENGLEWOOD, COLORADO. Page 9 of 18 Draft Page 12 of 141 City Council Regular April 17, 2017 xi) Valley Sanitation District Addendum to Wastewater Connector's Agreement ORDINANCE NO. 22 (COUNCIL BILL NO. 23 INTRODUCED BY COUNCIL MEMBER GILLIT) AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL ADDENDUM TO WASTEWATER CONNECTOR’S AGREEMENT FOR DISTRICTS BETWEEN VALLEY SANITATION DISTRICT AND THE CITY OF ENGLEWOOD, COLORADO. xii) South Englewood Sanitation District Addendum to Wastewater Connector's Agreement ORDINANCE NO. 23 (COUNCIL BILL NO. 24 INTRODUCED BY COUNCIL MEMBER GILLIT) AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL ADDENDUM TO WASTEWATER CONNECTOR’S AGREEMENT FOR DISTRICTS BETWEEN SOUTH ENGLEWOOD SANITATION DISTRICT AND THE CITY OF ENGLEWOOD, COLORADO. xiii) Fire Lane Access Easement at 2100 West Littleton Boulevard [Clerks note: This agenda item was removed from the Consent Agenda Motion and considered independently.] Moved by Council Member Rick Gillit Seconded by Council Member Steve Yates ORDINANCE NO. 26 (COUNCIL BILL NO. 25 INTRODUCED BY COUNCIL MEMBER GILLIT) AN ORDINANCE AUTHORIZING A GRANT OF FIRE LANE ACCESS EASEMENT AT 2100 WEST LITTLETON BOULEVARD, LITTLETON, COLORADO FOR THE PURPOSE OF CONSTRUCTION OF A FIRE ACCESS ROAD OVER THE CITY DITCH RIGHT-OF-WAY. For Against Abstained Amy Martinez x Joe Jefferson x Linda Olson x Laurett Barrentine x Rita Russell x Rick Gillit (Moved By) x Steve Yates (Seconded By) x Page 10 of 18 Draft Page 13 of 141 City Council Regular April 17, 2017 5 2 0 Motion CARRIED. xiv) City of Cherry Hills Village Sanitation District Addendum to Wastewater Connector's Agreement ORDINANCE NO. 24 (COUNCIL BILL NO. 28 SERIES OF 2017 INTRODUCED BY COUNCIL MEMBER GILLIT) AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL ADDENDUM TO WASTEWATER CONNECTOR’S AGREEMENT FOR DISTRICTS BETWEEN THE CITY OF CHERRY HILLS VILLAGE AND THE CITY OF ENGLEWOOD, COLORADO. xv) Amended Wastewater Transmission Agreement for County Line Landfill ORDINANCE NO. 25 (COUNCIL BILL NO. 29 INTRODUCED BY COUNCIL MEMBER GILLIT ) AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT FOR A WASTEWATER CONNECTOR AND TRANSMISSION AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF ARAPAHOE, THE CITY OF ENGLEWOOD, SOUTH ARAPAHOE SANITATION DISTRICT, AND WASTE MANAGEMENT OF COLORADO. c) Resolutions and Motions i) Purchase of a 2017 Chevrolet Silverado Truck Moved by Council Member Rick Gillit Seconded by Council Member Steve Yates [Clerks note: This agenda item was removed from the Consent Agenda Motion and considered independently.] MOTION APPROVING A CONTRACT WITH JOHN ELWAY CHEVROLET, FOR A 2017 3/4 TON CHEVROLET SILVERADO 4X2, USING STATE AWARD #201700000114 IN THE AMOUNT OF $26,382.00. For Against Abstained Amy Martinez x Joe Jefferson x Linda Olson x Page 11 of 18 Draft Page 14 of 141 City Council Regular April 17, 2017 Laurett Barrentine x Rita Russell x Rick Gillit (Moved By) x Steve Yates (Seconded By) x 7 0 0 Motion CARRIED. ii) Award 2017 Concrete Utility Project Moved by Council Member Linda Olson Seconded by Council Member Rick Gillit [Clerks note: This agenda item was removed from the Consent Agenda Motion and considered independently.] MOTION APPROVING AN EXTENSION OF THE 2016 CONSTRUCTION CONTRACT WITH CUSTOM CONCRETE CUTTING INC., FOR CONCRETE UTILITY 2017, IN THE AMOUNT OF $407,394.93 . For Against Abstained Amy Martinez x Joe Jefferson x Linda Olson (Moved By) x Laurett Barrentine x Rita Russell x Rick Gillit (Seconded By) x Steve Yates x 7 0 0 Motion CARRIED. iii) Malley Recreation Center weight room floor replacement Moved by Council Member Rick Gillit Seconded by Council Member Steve Yates [Clerks note: This agenda item was removed from the Consent Agenda Motion and considered independently.] MOTION APPROVING A CONTRACT WITH CONSOLIDATED BUILDING SERVICES, L.L.C., FOR FLOOR REPLACEMENT IN THE WEIGHT ROOM AT THE MALLEY RECREATION CENTER, Page 12 of 18 Draft Page 15 of 141 City Council Regular April 17, 2017 IN THE AMOUNT OF $35,443.00. For Against Abstained Amy Martinez x Joe Jefferson x Linda Olson x Laurett Barrentine x Rita Russell x Rick Gillit (Moved By) x Steve Yates (Seconded By) x 7 0 0 Motion CARRIED. 10 Public Hearing Items No public hearing was scheduled before Council. 11 Ordinances, Resolutions and Motions a) Approval of Ordinances on First Reading i) Historic Preservation Commission Ordinance Moved by Council Member Rick Gillit Seconded by Council Member Linda Olson COUNCIL BILL NO. 10 INTRODUCED BY COUNCIL MEMBER GILLIT A BILL FOR AN ORDINANCE AMENDING TITLE 2, OF THE ENGLEWOOD MUNICIPAL CODE 2000 BY THE ADDITION OF A NEW CHAPTER 15, ESTABLISHING THE ENGLEWOOD HISTORIC PRESERVATION COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. For Against Abstained Amy Martinez x Joe Jefferson x Linda Olson (Seconded By) x Laurett Barrentine x Rita Russell x Rick Gillit (Moved By) x Page 13 of 18 Draft Page 16 of 141 City Council Regular April 17, 2017 Steve Yates x 7 0 0 Motion CARRIED. ii) Sign Code Amendments to the Unified Development Code (UDC). Moved by Council Member Rick Gillit Seconded by Council Member Steve Yates MOTION TO APPROVE COUNCIL BILL NO. 14 AND SET A PUBLIC HEARING FOR MAY 1, 2017 AT THE REGULAR COUNCIL MEETING. COUNCIL BILL NO. 14 INTRODUCED BY COUNCIL MEMBER GILLIT A BILL FOR AN ORDINANCE AMENDING TITLE 16, CHAPTER 6, SECTION 13: SIGNS; TITLE 16, CHAPTER 11, SECTION 2: DEFINITION OF WORDS, TERMS, AND PHRASES; AND TITLE 15, CHAPTER 16, SECTION 3: SIGNS OF THE ENGLEWOOD MUNICIPAL CODE 2000. For Against Abstained Amy Martinez x Joe Jefferson x Linda Olson x Laurett Barrentine x Rita Russell x Rick Gillit (Moved By) x Steve Yates (Seconded By) x 6 1 0 Motion CARRIED. iii) General Obligation Bond for Englewood Police Headquarters Building Moved by Council Member Rick Gillit Seconded by Council Member Steve Yates COUNCIL BILL NO. 30 INTRODUCED BY COUNCIL MEMBER GILLIT A BILL FOR AN ORDINANCE OF THE CITY OF ENGLEWOOD AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS APPROVED BY THE CITY’S VOTERS ON NOVEMBER 8, 2016, TO FINANCE CAPITAL IMPROVEMENTS AND AUTHORIZING THE LEVY OF PROPERTY TAXES TO PAY SUCH BONDS; PROVIDING THE Page 14 of 18 Draft Page 17 of 141 City Council Regular April 17, 2017 FORM OF THE BONDS AND OTHER DETAILS IN CONNECTION THEREWITH; AND APPROVING DOCUMENTS RELATING TO THE BONDS. For Against Abstained Amy Martinez x Joe Jefferson x Linda Olson x Laurett Barrentine x Rita Russell x Rick Gillit (Moved By) x Steve Yates (Seconded By) x 5 2 0 Motion CARRIED. b) Approval of Ordinances on Second Reading There were no additional items submitted for approval on second reading. c) Resolutions and Motions i) L/E WWTP Interceptor Repairs and Rehabilitation 2017 Project Moved by Council Member Rick Gillit Seconded by Council Member Steve Yates MOTION APPROVING A CONTRACT WITH AUI, INC., FOR INTERCEPTOR REPAIRS AND REHABILITATION, IN THE AMOUNT OF $1,196,700. For Against Abstained Amy Martinez x Joe Jefferson x Linda Olson x Laurett Barrentine x Rita Russell x Rick Gillit (Moved By) x Steve Yates (Seconded By) x 5 2 0 Motion CARRIED. Page 15 of 18 Draft Page 18 of 141 City Council Regular April 17, 2017 ii) L/E WWTP Infor Enterprise Asset Management System Support Renewal Moved by Council Member Rick Gillit Seconded by Council Member Linda Olson MOTION APPROVING A CONTRACT WITH INFOR, FOR THE SaaS HOSTING AGREEMENT, IN THE AMOUNT OF $85,793.40. THE AGREEMENT IS FOR 2017 AND INCLUDES AN OPTION FOR A LOCKED-IN ANNUAL RENEWAL RATE OF 0% PER YEAR IN 2018 AND 2019. For Against Abstained Amy Martinez x Joe Jefferson x Linda Olson (Seconded By) x Laurett Barrentine x Rita Russell x Rick Gillit (Moved By) x Steve Yates x 5 2 0 Motion CARRIED. iii) Award Architectural Services Contract Police Headquarters Moved by Council Member Linda Olson Seconded by Council Member Steve Yates MOTION APPROVING A CONTRACT WITH DLR GROUP, FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES FOR THE ENGLEWOOD POLICE HEADQUARTERS, IN THE AMOUNT OF $1,590,970.00 WHICH INCLUDES $1,568,970.00 FOR BASIC SERVICES AND $22,000.00 ESTIMATED FOR REIMBURSABLE EXPENSES. For Against Abstained Amy Martinez x Joe Jefferson x Linda Olson (Moved By) x Laurett Barrentine x Rita Russell x Rick Gillit x Page 16 of 18 Draft Page 19 of 141 City Council Regular April 17, 2017 Steve Yates (Seconded By) x 6 1 0 Motion CARRIED. 12 General Discussion a) Mayor's Choice i) Executive Session - A conference with the City Attorney for the purpose of receiving legal advice on specific legal questions and proceedings pursuant to C.R.S. Section 24-6-402(4)(b). This Agenda Item was moved forward. b) Council Members' Choice i) Mayor/Manager Meetings for Agenda review Moved by Council Member Rita Russell Seconded by Council Member Laurett Barrentine MOTION TO BRING BACK THE MAYOR/MANAGER MEETING AND FOR IT TO BE MADE PUBLIC AND RECORDED. MOTION TO AMEND THE MOTION - TO HAVE THE MAYOR/MANAGER MEETING BUT NOT OPEN FOR THE PUBLIC OR RECORDED. Discussion ensued. Council Member Rita Russell withdrew the motion so that the topic can be discussed in a future Study Session. 13 City Manager’s Report 14 City Attorney’s Report 15 Adjournment MAYOR JEFFERSON MOVED TO ADJOURN. The meeting adjourned at 11:01 p.m. Page 17 of 18 Draft Page 20 of 141 City Council Regular April 17, 2017 Acting City Clerk Page 18 of 18 Draft Page 21 of 141 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Harold Stitt DEPARTMENT: Community Development DATE: May 1, 2017 SUBJECT: Historic Preservation Commission Ordinance DESCRIPTION: Historic Preservation Commission Ordinance RECOMMENDATION: Staff recommends that City Council approve an Ordinance creating the Englewood Historic Preservation Commission. PREVIOUS COUNCIL ACTION: Staff presented drafts of the proposed Historic Preservation Commission ordinance as well as background information relative to the role of such a board and its relationship to the existing historic preservation regulations of Title 16-6-11 of the Englewood Municipal Code at the November 28, 2016 and February 13, 2017 Study Sessions. Input from these Study Sessions and from the Englewood Historic Preservation Society have been incorporated in the proposed ordinance. Council approved a Bill for an Ordinance on first reading at their April 17, 2017 meeting. ANALYSIS: This proposed ordinance creates the basic framework for the structure and composition of the Commission. The Commission itself, as set forth in the ordinance, would establish the actual elements of its operation. The major changes in this revised ordinance are an increase in the membership from five to seven members and a specific statement that the Commission is to act as an Advisory Committee to City Council. The specific powers and duties of the Commission are: A. 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. B. Foster civic pride in the beauty and accomplishments of the past. C. 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. Page 22 of 141 D. 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. E. Promote and advise City Council on Historic Preservation. FINANCIAL IMPLICATIONS: The specific financial implications for this Commission have not been determined. The level of funding will be established once the Commission is seated and a work program and priorities are developed. ATTACHMENTS: Ordinance Page 23 of 141 1 BY AUTHORITY ORDINANCE NO. ____ COUNCIL BILL NO. 10 SERIES OF 2017 INTRODUCED BY COUNCIL MEMBER GILLIT AN ORDINANCE AMENDING TITLE 2, OF THE ENGLEWOOD MUNICIPAL CODE 2000 BY THE ADDITION OF A NEW CHAPTER 15, ESTABLISHING THE ENGLEWOOD HISTORIC PRESERVATION COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, at the November 28, 2016 and February 13, 2017 study sessions, City Council reviewed a proposed Ordinance establishing the Englewood Historic Preservation Commission; and WHEREAS, City Council directed staff to bring forward a Bill for an Ordinance creating the Englewood Historic Preservation Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The City Council of the City of Englewood hereby approves amending Title 2, of the Englewood Municipal Code 2000, by adding a new Chapter 15, establishing the Englewood Historic Preservation Commission, which shall read as follows: 2-15: ENGLEWOOD HISTORIC PRESERVATION COMMISSION: 2-15-1: Purpose: The Englewood Historic Preservation Commission is established as an Advisory Committee focused on preserving the aesthetic, historical, architectural, and geographic heritage of the City. 2-15-2: Composition and Membership: The Commission will be comprised of seven (7) members appointed by City Council. At least two (2) members should be recommended by the Englewood Historic Preservation Society. 2-15-3: Terms of Members: The term of office of the members first appointed to the Englewood Historic Preservation Commission shall be four (4) members for a term of three (3) years, and three (3) members for a term of two (2) years. Thereafter, all subsequent appointments shall be for a term of four (4) years. Page 24 of 141 2 2-15-4: Compensation: A. The members of the Commission shall serve without compensation. B. Reasonable expenses directly related to performing the duties of the Commission shall be allowed. 2-15-5: Powers and Duties: The Englewood Historic Preservation Commission shall have the following powers and duties: A. 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. B. Foster civic pride in the beauty and accomplishments of the past. C. 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. D. 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. E. Promote and advise City Council on Historic Preservation. 2-15-6: Appointment of Officers and Adoption of Rules: A. The Commission shall organize, adopt administrative rules and procedures, and elect from its members such officers as it shall deem necessary to accomplish its purposes. Officers of the Commission shall be elected for one-year (1) terms. No officer shall serve in the same capacity for more than two (2) consecutive terms. B. Conflict of Interest. No member of the Commission shall participate in any case, in which the member has financial or personal interest in the property or action concerned, or will be directly affected by the decision. C. Current Members May Not Appear Before the Commission. No member of the Commission may personally appear as an applicant, proponent, opponent, interested party, witness or representative of any action before the Commission. Section 2. 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 Page 25 of 141 3 the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 3. 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. Section 4. 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. Section 5. 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. Introduced, read in full, and passed on first reading on the 17th day of April, 2017. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 20th day of April, 2017. Published as a Bill for an Ordinance on the City’s official website beginning on the 19th day of April, 2017 for thirty (30) days. Read by Title and passed on final reading on the 1st day of May, 2017. Published by Title in the City’s official newspaper as Ordinance No. ___, Series of 2017, on the 4th day of May, 2017. Published by title on the City’s official website beginning on the 3rd day of May, 2017 for thirty (30) days. This Ordinance shall take effect thirty (30) days after publication following final passage. Joe Jefferson, Mayor ATTEST: Stephanie Carlile, Acting City Clerk Page 26 of 141 4 I, Stephanie Carlile, Acting City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by Title as Ordinance No. ___, Series of 2017. Stephanie Carlile Page 27 of 141 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Kathleen Rinkel DEPARTMENT: Finance & Administrative Services DATE: May 1, 2017 SUBJECT: Budget Advisory Committee Term Extension DESCRIPTION: Budget Advisory Committee Term Extension RECOMMENDATION: Staff recommends Council approve an Ordinance to change the term of the Budget Advisory Committee (BAC) from three years (which would sunset in May, 2017) to make the BAC a permanent committee, to add a provision to include two Council members as non-voting liaisons, and to include an option for the BAC to provide issue briefs in addition to their annual report. PREVIOUS COUNCIL ACTION: In Ordinance No. 16, Series of 2013, City Council established a Budget Advisory Committee with a 3-year sunset provision. In Ordinance No. 14, Series of 2016, the 3-year sunset provision of the original ordinance was extended for one year to terminate on May 31, 2017. At the March 27, 2017, Study Session, Council gave direction to make the BAC a permanent committee of the City. Council approved a Bill for an Ordinance on first reading at their April 17, 2107, meeting. SUMMARY: This Ordinance is being introduced to change the term of the Budget Advisory Committee (BAC) from a 3-year sunset provision, ending May 31, 2017, to be a permanent committee of the City of Englewood, to add a provision to include two Council members as non-voting liaisons, and to include an option for the BAC to provide issue briefs in addition to their annual report. ANALYSIS: At the March 27, 2017, Council Study Session, the BAC provided a summary of their accomplishments, a proposal for future committee work and requested that their sunset provision be extended to be able to provide continued citizen input to financial issues of the City. Page 28 of 141 The value of this team to the City is in addressing financial issues, bringing citizen perspective forward, monitoring the budget process and in educating our community. FINANCIAL IMPLICATIONS: There are no additional costs involved with continuing with this Committee and its committed volunteer team. ALTERNATIVES: The alternative to extending the term of the Budget Advisory Committee is to allow the current term to lapse on May 31, 2017. In doing so, citizen involvement in the financial processes of the City would be greatly diminished. CONCLUSION: The Budget Advisory Committee is a dedicated and focused citizen group that should continue in its existance in perpetuity to provide community perspective and support to City Council. ATTACHMENTS: Ordinance Page 29 of 141 1 ORDINANCE NO. SERIES OF 2017 BY AUTHORITY COUNCIL BILL NO. 11 INTRODUCED BY COUNCIL MEMBER GILLIT AN ORDINANCE AMENDING TITLE 2, CHAPTER 14, OF THE ENGLEWOOD MUNICIPAL CODE 2000 PERTAINING TO THE BUDGET ADVISORY COMMITTEE WHEREAS, the City Council of the City of Englewood, Colorado established a Budget Advisory Committee by the passage of Ordinance No. 16, Series of 2013; WHEREAS, Title 2, Chapter 14, EMC contained a sunset provision terminating the Budget Advisory Committee three years from the date of its establishment; WHEREAS, on April 7, 2016 Ordinance 14, Series of 2016 was passed extending the Budget Advisory Committee term until May 31, 2017; and WHEREAS, on March 27, 2017 the City Council further discussed establishment of the Budget Advisory Committee as a permanent committee. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The City Council of the City of Englewood, Colorado hereby authorizes amending Title 2, Chapter 14, of the Englewood Municipal Code 2000 as follows: BUDGET ADVISORY COMMITTEE 2-14-1: Purpose. The Budget Advisory Committee (BAC) is established by Council and the City Manager to advise the City on the development, implementation, and evaluation of the annual City Budget. Participation in Budget Advisory Committee is an opportunity not only to advise on the prioritization of how City tax dollars are spent, but also to advise policymakers in their decision-making process in an open and transparent process. 2-14-2: Composition and Membership. The Committee will be comprised of five (5) members appointed by City Council. The City Council may also appoint up to two of its members to serve as liaison(s) to the BAC. Such liaison(s) shall serve in a non-voting capacity. Page 30 of 141 2 2-14-3 : Terms of Members. Members will be appointed to overlapping terms of three (3) years. The City Council shall make appointments to fill vacancies for unexpired terms. 2-14-4: Compensation. A. The members of the Committee shall serve without compensation. B. Reasonable expenses directly related to performing the duties of the Committee shall be allowed. 2-14-5: Powers and Duties. The Budget Advisory Committee shall have the following powers and duties: A. The Committee shall meet at least once each month at a time to be established by the City Manager. The Budget Advisory Committee meetings shall be open to the public and recorded in the same manner as other boards and commissions. B. At the start of each budget year the City Manager shall meet with the Budget Advisory Committee and shall review projections of major revenue sources and expenditures. C. The City Manager and the Director of Finance and Administrative Services shall work with the Budget Advisory Committee to establish budget guidelines for the coming year. D. Each department shall present its budget to the Revenue and Budget, Manager, the Director of Finance and Administrative Services, the City Manager and Budget Advisory Committee. E. Annual capital improvement recommendations shall be made only by the Planning and Zoning Commission as required by the Englewood Home Rule Charter not the Budget Advisory Committee. F. Once the budgets have been reviewed and have incorporated requests for new programs and/or personnel authorized by the City Manager, the Budget Advisory Committee shall submit a written report of its findings and recommendations (BAC Report) at least annually. Page 31 of 141 3 G. In addition to those reports set forth in subsection (F) above, the Budget Advisory Committee may, as deemed necessary by the BAC, submit to the City Council a short report detailing specific issues reviewed by the BAC. 2-14-6 : Appointment of Officers and Adoption of Rules. A. The Committee shall organize, adopt administrative rules and procedures and elect from its members such officers as it shall deem necessary to accomplish its purposes. Officers of the Committee shall be elected for one-year (1) terms. No officer shall serve in the same capacity for more than two (2) consecutive terms. B. The chairperson may appoint such standing or special sub-committees from the membership of the Committee as the Committee shall determine necessary or useful in carrying out its purposes and powers. The purpose, term and members of each sub-committee shall be determined by the chairperson. 2-14-1 : Sunset Provision. The Budget Advisory Committee and the provisions of Title 2, Chapter 14, shall terminate in three (3) years on May 31, 2017, unless the Committee and the provisions of Title 2, Chapter 14, are renewed by Council ordinance. Section 2. 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. Section 3. 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 it application to other persons or circumstances. Section 4. 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. Section 5. 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. Page 32 of 141 4 Introduced, read in full, and passed on first reading on the 17th day of April, 2017. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 20th day of April, 2017. Published as a Bill for an Ordinance on the City’s official website beginning on the 19th day of April, 2017 for thirty (30) days. Read by Title and passed on final reading on the 1st day of May, 2017. Published by Title in the City’s official newspaper as Ordinance No. ___, Series of 2017, on the 4th day of May, 2017. Published by title on the City’s official website beginning on the 3rd day of May, 2017 for thirty (30) days. This Ordinance shall take effect thirty (30) days after publication following final passage. Joe Jefferson, Mayor ATTEST: Stephanie Carlile, Acting City Clerk I, Stephanie Carlile, Acting City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by Title as Ordinance No. ___, Series of 2017. Stephanie Carlile Page 33 of 141 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Sam Watson DEPARTMENT: Police DATE: May 1, 2017 SUBJECT: M.O.U. State of Colorado and City of Englewood D.T.R.S. updates DESCRIPTION: M.O.U. State of Colorado and City of Englewood D.T.R.S. updates RECOMMENDATION: Staff recommends approval of this Memorandum of Understanding between the State of Colorado, Governor's Office of Information Technology and the City of Englewood regarding upgrades to the public safety statewide digital trunked radio system software. PREVIOUS COUNCIL ACTION: Council previously approved an M.O.U. between the same entities in July of 2013 regarding system upgrades. SUMMARY: This M.O.U. allows the State of Colorado to make upgrades to the software for the Digital Trunked Radio System. The sharing of communications resources are actions that may substantially reduce costs and enhance communications for local, county, state, tribal and federal public safety providers. ANALYSIS: The acceptance of this M.O.U. will permit the City of Englewood to functionally connect their respective radio systems and documents the sharing of resources to the mutual benefit of all parties. There are 5 software upgrades that are scheduled to begin in September, 2017 and complete in December, 2017. FINANCIAL IMPLICATIONS: The acceptance of this M.O.U. obligates the City of Englewood to remain an active, connected, and integral partner of the digital trunked radio system for a minimum period of two years from the completion and acceptance of the software upgrade. If the City of Englewood disconnects or otherwise ceases participation with the digital trunked radio system prior to the agreed upon term, the City would be responsible for the apportioned costs incurred by the state during this system-wide upgrade. The costs in this series of 5 upgrades is $20,930.00 for each of the upgrades. Page 34 of 141 This upgrade will be at no cost to the City because the statewide digital trunked radio system is the only public safety digital trunked radio system. The City of Englewood will not be disconnecting from or ceasing participation with this system, therefore there are no financial implications to the City. ALTERNATIVES: There are no viable alternatives. The statewide digital trunked radio system (D.T.R.S.) is the only public safety D.T.R.S. in the State of Colorado. CONCLUSION: Staff recommends that this Memorandum of Understanding is approved by ordinance. ATTACHMENTS: Ordinance Exhibit A - Memorandum of Understanding Page 35 of 141 BY AUTHORITY ORDINANCE NO. ____ COUNCIL BILL NO. 27 SERIES OF 2017 INTRODUCED BY COUNCIL MEMBER GILLIT AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE COLORADO GOVERNOR’S OFFICE OF INFORMATION TECHNOLOGY AND THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, this Memorandum of Understanding defines the framework for allowing the State and the Receiving Agency (City of Englewood) to benefit from State supported and planned upgrades and updates of public safety statewide digital trunked radio system (DRTS) software, and will specifically address the upgrade of system software from SR 7.14 to SR 7.25; and WHEREAS, the passage of this Ordinance will permit the City of Englewood to functionally connect their respective radio systems and this Memorandum of Understanding documents the sharing of resources to the mutual benefit of all Parties; and WHEREAS, the Parties through cooperation in the DTRS, provide a public safety communications capability serving state agencies and participating local, regional, Tribal and Federal government entities; and WHEREAS, the sharing of communications resources are actions that may substantially reduce costs and enhance interoperable communications for local, county, state, tribal and federal public safety providers; and WHEREAS, City Council approved an Intergovernmental Agreement between the same entities for software upgrades by Ordinance No. 28, Series 2013. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The City Council of the City of Englewood, Colorado hereby authorizes the “Memorandum of Understanding between Governor’s Office of Information Technology, (OIT) Public Safety Communications Network and the City of Englewood-Police Department, a copy of which is attached hereto as Exhibit A. Section 2. The Mayor is hereby authorized to sign said Intergovernmental Agreement for and on behalf of the City of Englewood. Introduced, read in full, and tabled on the 3rd day of April, 2017 to the regular City Council meeting on the 17th day of April, 2017. Introduced, read in full, and passed on first reading on the 17th day of April, 2017. Page 36 of 141 Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 20th day of April, 2017. Published as a Bill for an Ordinance on the City’s official website beginning on the 19th day of April, 2017 for thirty (30) days. Read by Title and passed on final reading on the 1st day of May, 2017. Published by Title in the City’s official newspaper as Ordinance No. ___, Series of 2017, on the 4th day of May, 2017. Published by title on the City’s official website beginning on the 3rd day of May, 2017 for thirty (30) days. This Ordinance shall take effect thirty (30) days after publication following final passage. Joe Jefferson, Mayor ATTEST: Stephanie Carlile, Acting City Clerk I, Stephanie Carlile, Acting City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by Title as Ordinance No. ___, Series of 2017. Stephanie Carlile Page 37 of 141 Page 38 of 141 Page 39 of 141 Page 40 of 141 Page 41 of 141 Page 42 of 141 Page 43 of 141 Page 44 of 141 Page 45 of 141 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Eric Keck DEPARTMENT: City Council DATE: May 1, 2017 SUBJECT: Council Travel to CML DESCRIPTION: Council Travel to CML RECOMMENDATION: City Council requests the ability to have five members travel to Breckenridge, Colorado for the 95th Annual CML Conference. The purpose of this conference is professional development related to the duties as elected municipal officials. PREVIOUS COUNCIL ACTION: According to the Travel Policy for the City of Englewood, "Each Council Member shall justify participation for all travel events thirty (30) days prior to attendance..." Resolution No. 48, Series of 2014 was amended to reflect changes in Council Travel Policy Publications. Resolution 10, Series of 1992 was amended to reflect the changes in Council Travel Policy made by Resolution No. 47, Series of 2000. Resolution No. 49, Series of 1990 was repealed and amended to reflect the changes in Council Policy made by Resolution No. 10, Series of 1992. FINANCIAL IMPLICATIONS: The total cost for six members to attend the CML conference in Breckenridge, Colorado in June is $6,129.91. Please see the attached spreadsheet for the breakdown of the costs. This funding is available in the City Council travel and training budget for Fiscal Year 2017. The Council budget for Travel and Training for 2017 is $19,500. There is currently $9,656.96 remaining in this account. Page 46 of 141 CML 2017 City Council Registration Hotel Cost Travel M&IE Joe Jefferson 299 465 89.88 224 1077.88 Rick Gillit 307 465 89.88 240 1101.88 Linda Olson 292 100 89.88 225 706.88 Steve Yates 307 465 89.88 240 1101.88 Amy Martinez 307 465 89.88 240 1101.88 Laurett Barrentine 270 423.63 89.88 256 1039.51 6129.91 Page 47 of 141 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Brook Bell DEPARTMENT: Community Development DATE: May 1, 2017 SUBJECT: Sign Code Amendments to the Unified Development Code (UDC). DESCRIPTION: Sign Code Amendments to the Unified Development Code (UDC). RECOMMENDATION: Community Development recommends that City Council consider testimony during Public Hearing on an Ordinance authorizing amendments to UDC Title 16, Chapter 6, Section 13: Signs; Title 16, Chapter 11, Section 2: Definition of W ords, Terms, and Phrases; and Title 15, Chapter 16, Section 3: Signs - (Garage Sales). PREVIOUS COUNCIL ACTION: City Council approved a Bill for an Ordinance on first reading at the April 17, 2017 meeting and set a Pubic Hearing for May 1, 2017. SUMMARY: In 2012, the Sign Code was entirely rewritten with significant input from the Planning and Zoning Commission, citizens, and the business community. Two public forums were conducted and in September of 2012, City Council adopted the amended sign code. In June of 2015, the U.S. Supreme Court made a ruling on content based sign codes in the case of Reed v. Town of Gilbert, Arizona. The ruling impacts numerous municipal sign codes, including the City of Englewood’s code. In the case of Reed v. Town of Gilbert, the Supreme Court held that portions of the Town of Gilbert’s Sign Code violated the First Amendment of the US Constitution. In particular, the court ruled that a section of the Sign Code treating various types of signs differently based upon the information they contained, was unconstitutional. As a result of this decision, many municipalities are reviewing their sign codes to ensure that they are content neutral and that First Amendment rights are not violated. Community Development staff and the City Attorney’s Office reviewed Englewood’s existing Sign Code and identified existing regulations that may be problematic based on staff’s understanding of the Reed case. On July 19, 2016 and August 16, 2016 the Planning and Zoning Commission held a public hearing for the proposed Sign Code amendments and voted 5-0 to forward the proposed amendments to City Council with a favorable recommendation for adoption. Page 48 of 141 ANALYSIS: The specific issue in the Reed v. Town of Gilbert case focused on differing regulations for temporary directional signs compared to other temporary signs, such as political and ideological signs. While cities may regulate the “time, place, and manner” of signs, the content of signs cannot be regulated. In other words, if one needs to read the sign in order to understand what type of sign it is, then the regulation may be unconstitutional. The City may still regulate signs based on time, manner, and place; including sign size, material, and location. The signs within the existing code that are most affected by the Supreme Court decision are "temporary" or "incidental" signs. PROPOSED AMENDMENTS Proposed amendments to UDC Section 16-6-13: Signs; 16-11-2: Definition of Words, Terms, and Phrases; and Englewood Municipal Code (EMC) Section 15-16-3: Signs - (Garage Sales) are included in the attached Bill for an Ordinance for Council’s consideration. At the first reading of the Bill for an Ordinance on April 17, 2017 Council noted two items that needed to be corrected in the Ordinance. The code citations and corresponding corrections are shown below. Page 16 of the Ordinance, 16-6-13:E.2.c.(2) Non-electronic message display (EMC) signs illuminated at night shall not exceed a maximum luminance level of seven hundred fifty (750) candelas per meter squared (cd/m2), regardless of the method of illumination. Measurement shall be in candelas per meters squared (the luminous intensity of a sign in a specific direction divided by the area of the sign). Page 36 of the Ordinance, 16-6-13:G.1.a. Purpose. The purpose of allowing certain on-site accessory signs and advertising devices includes: 1. Recognizing and accommodating the business community's desire for economical short- term signage that can be easily installed, changed, or moved to meet limited advertising needs; and 2. Maintaining an aesthetically pleasing environment by minimizing sign clutter. For the purposes of brevity and clarity, the amendments to UDC Section 16-11-2: Definition of Words, Terms, and Phrases only include definitions that are related to signs. FINANCIAL IMPLICATIONS: The proposed Sign Code amendments will not have any financial impact on the City of Englewood. ATTACHMENTS: Planning and Zoning Commission Minutes – August 16, 2016 Planning and Zoning Commission Findings of Fact – August 16, 2016 Bill for an Ordinance Page 49 of 141 MINUTES Planning and Zoning Commission Meeting Tuesday, August 16, 2016 1000 Englewood Pkwy – Council Chambers 7:00 PM 1.Call to Order The meeting was called to order at 7:05 p.m. 2.Roll Call Present: Brick, Coleman, Fish Kinton, Pittinos, Austin Absent: Bleile, Freemire, Townley, Madrid (All Excused) Staff: Brook Bell, Planner II, Community Development 3.Approval of Minutes Planning and Zoning Commission Minutes August 2, 2016 a.Kinton moved; Coleman seconded: To approve the minutes of August 2, 2016 as written. Ayes: Coleman, Fish, Pittinos, Kinton Nayes: None Abstain: Brick Absent: Bleile, Freemire, Townley, Madrid Motion carried. 4.Public Hearing Case 2016-03 (Continued) Amendments to the Unified Development Code Sign Regulations - Continued a. Fish moved; Pittinos seconded: To re-open the Public Hearing for Case 2016-03 Amendments to the Unified Development Code relating to Sign Regulations Ayes: Brick, Coleman, Fish, Pittinos, Kinton Nayes: None Abstain: None Absent: Bleile, Freemire, Townley, Madrid Motion carried. Staff Presentation Brook Bell, Planner II, was sworn in. Mr. Bell reviewed the changes that are proposed to the sign code. The proposed revisions were made based on Page 50 of 141 Planning and Zoning Commission August 16, 2016 2 the Supreme Court case Reed vs. the Town of Gilbert, Arizona that prohibits regulation of signage based on content. Public Testimony No members of the public attended the meeting. Discussion Mr. Brick stated that he feels that staff and the Commissioners have sufficiently revised the sign code regulations to meet the requirements of the Supreme Court decision in Reed vs. the Town of Gilbert, Arizona, regarding content based sign regulations. Mr. Pittinos expressed concern over garage sale signs; Mr. Bell stated that garage sign code regulations are in Chapter 15 of the UDC and will be addressed internally with the City Attorney’s office. Brick moved; Fish seconded: To close the Public Hearing for Case 2016-03 Amendments to the Unified Development Code relating to Sign Regulations Ayes: Brick, Coleman, Fish, Pittinos, Kinton Nayes: None Abstain: None Absent: Bleile, Freemire, Townley, Madrid Motion carried. Pittinos moved; Brick seconded: To forward Case 2016-03 Amendments to the Unified Development Code relating to Sign Regulations to City Council with a favorable recommendation. Ayes: Brick, Coleman, Fish, Pittinos, Kinton Nayes: None Abstain: None Absent: Bleile, Freemire, Townley, Madrid Motion carried. 5.Public Forum No members of the public were present at the meeting. 6.Staff's Choice Page 51 of 141 Planning and Zoning Commission August 16, 2016 3 Mr. Bell did not have anything further for the Commission. The next meeting will be September 7th. The discussion regarding commercial requirements in the MU-B-2 and MU-B-3 zone districts will continue. 7.Attorney's Choice Interim City Attorney Comer was not present. 8.Commissioner's Choice Mr. Kinton expressed interest in conducting joint meetings with other boards and commissions. Mr. Fish asked when the Commission will discuss Accessory Dwelling Units (ADUs). Mr. Bell answered that staff has been directed to work on other issues and resume discussion of ADUs once the Comprehensive Plan has been adopted. Mr. Brick suggested that representatives from the Police Department attend a meeting to address crime prevention. 9.Adjournment The meeting adjourned at 7:50 p.m. _/s/ Julie Bailey__, Recording Secretary Page 52 of 141 Page 53 of 141 Page 54 of 141 1 BY AUTHORITY ORDINANCE NO. ____ COUNCIL BILL NO. 14 SERIES OF 2017 INTRODUCED BY COUNCIL MEMBER GILLIT A BILL FOR AN ORDINANCE AMENDING TITLE 16, CHAPTER 6, SECTION 13; TITLE 16, CHAPTER 11, SECTION 2; AND TITLE 15, CHAPTER 16, SECTION 3 OF THE ENGLEWOOD MUNICIPAL CODE 2000 PERTAINING TO SIGNS. WHEREAS, on September 12, 2012 Englewood City Council adopted Ordinance No. 47, Series of 2012 authorizing amendments to Title 16, Chapter 6, Section 13 entitled Signs in the Unified Development Code; and WHEREAS, in June 2015, the U.S. Supreme Court ruled in Reed v. Town of Gilbert, Arizona that portions of content-based sign codes violate the First Amendment. The ruling impacted numerous municipal sign codes, including the City of Englewood’s sign code; and WHEREAS, the Supreme Court held that treating various signs differently based on the information or message conveyed was a violation of the First Amendment to the United States Constitution; and WHEREAS, to bring the City of Englewood sign code into compliance with the ruling in Gilbert, the proposed amendments were made and given to the Englewood Planning and Zoning Commission; and WHEREAS, on July 19 and August 15, 2016, the Englewood Planning and Zoning Commission held a public hearing on the proposed sign code amendments and voted 5-0 to forward the proposed amendments to the Englewood City Council with a favorable recommendation for adoption. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The City Council of the City of Englewood, Colorado hereby authorizes amending Title 16, Chapter 6, Section 13 entitled Signs of the Englewood Municipal Code 2000, to read as follows: 16-6-13: Signs A. Administration. This Section of the Englewood UDC shall be known and hereafter referred to as the "Englewood Sign Code" or "Sign Code." Page 55 of 141 2 The City of Englewood recognizes that signs are a useful means of visual communication for the convenience of the public and for the efficient communication of commercial and noncommercial speech. The City is also aware of public concern for adopting and enforcing sound practices, including the control of signs, to protect public safety and welfare, as well as the appearance and economic value of the City's visual environment. 1. Purpose. It is the purpose of this Section to promote the public health, safety and general welfare through a comprehensive system of reasonable, consistent and nondiscriminatory sign standards and requirements on the premises where such signs are located. These sign regulations are intended to: a. Provide a reasonable balance between the right of individuals and businesses to identify and support themselves and the right of the public to be protected against the visual discord resulting from unrestricted proliferation of signs and similar devices. b. Encourage signs that are well-designed, legible, constructed of durable materials appropriate to an urban setting and appropriate to the uses permitted as well as compatible with their surroundings. c. Protect the public from hazardous conditions that result from signs that obscure the vision of motorists, and/or compete or conflict with necessary traffic regulatory devices. d. Provide procedures for the administration of this Section. e. Require that signs which advertise or identify a use or a business no longer in operation be terminated. f. e. Ensure that the constitutionally guaranteed right of free speech is protected. 2. Applicability. a. These regulations shall apply to all new signs erected or installed after the effective date of this Section and shall govern and control the display, construction, erection, alteration, remodeling, enlarging, moving or maintenance of all signs permitted within the City. b. A sign may be erected, altered and maintained only for a permitted use in the district in which the sign is located. c. Signs shall be located on the same parcel as the permitted use. d. b. If there is a conflict between the regulations in this Section and any other ordinance or regulation, the more stringent regulation shall apply. 3. Sign Permits. a. Sign Permit Required. A Sign Permit shall be required to display, erect, construct, move, or alter any sign in the City except: (1) Signs exempt from Sign Permits in compliance with Section 16-6-13(B) EMC (Incidental Signs Allowed Without Sign Permit). Page 56 of 141 3 (2) On-site accessory signs and advertising devices pursuant to 16-6-13(G)(1) EMC (On-Site Accessory Signs and Advertising Devices). (3) Changing or replacing the copy on an existing sign, provided the copy change does not change the shape, size, location or nature of the sign or sign support, or render the sign in violation of this Section. (4) Maintenance on an existing sign provided no structural changes are made to the sign. b. Sign Permit Alterations. When a Sign Permit has been issued by the City, it shall be unlawful to change, modify, alter or otherwise deviate from the terms or conditions of said Permit without prior approval of the City. (1) If a sign is found not to be in accordance with the terms or conditions of an approved Sign Permit, the City shall issue a Correction Notice. The applicant shall have five (5) days to bring the sign into compliance. c. Application for Sign Permit. Application for a Sign Permit shall be made on forms furnished by the City. The application shall be accompanied by a site plan and detailed drawings indicating the dimensions, location, engineering standards and other information as required specified in the Englewood Illustrated Sign Manual. d. Sign Permit Review. The City shall, within five (5) working days of the date of the Sign Permit application, either approve or deny the application or refer the application back to the applicant in any instance where insufficient information has been furnished. (1) Appeals. Appeals relating to Sign Permits shall be made to the Board of Adjustment and Appeals pursuant to 16-2-18 EMC – (Appeals), except under those Subsections whereby the Planning and Zoning Commission is authorized to hear an appeal. e. Sign Permit Fees. A permit fee, in accordance with the fee schedule established by City Council, shall be paid to the City for each Sign Permit issued under this Section. 4. Enforcement. It shall be unlawful to display, construct, erect, alter, remodel, enlarge, move, or maintain a sign in violation of the provisions of this Section. If any sign is found to be in violation of the provisions of this Section, such violation shall constitute a nuisance to be abated in the manner provided in 16-10 EMC – (Enforcement and Penalties). 5. Sign Maintenance. Sign maintenance is the repair or replacement in-kind of individual sign components including copy panels and bulbs, paint or other finishes. This definition shall not include the replacement of metal or wood cabinets, structural faces, supporting structural members, primary uprights, posts and poles, electrical wiring, or the sign in its entirety. a. Every sign, including signs not requiring a Sign Permit and nonconforming signs, shall be maintained in a neat and orderly condition, and in good working order at all times. Page 57 of 141 4 b. Responsible Party. The owner of a sign and the owner of the premises on which such sign is located shall be jointly and severally liable to maintain such sign. 6. Inactive Signs. Any sign identifying or advertising a business, owner, tenant, product, service or activity that has not been located on the premises for a period of thirty (30) days or more shall be declared an inactive sign. a. Inactive signs shall be removed, covered or have their copy obscured. b. Inactive signs shall be subject to enforcement provisions of Section 16-10 EMC - (Enforcement and Penalties). c. Responsible Party. The owner of a sign and the owner of the premises on which such sign is located shall be jointly and severally responsible for the removal, covering or obscuring of an inactive sign. 7. 6. Nonconforming Signs. See Section 16-9-5 EMC – (Nonconforming Signs). 8. 7. Sign Variances. See Section 16-2-16(F)(2) EMC – (Sign Code Variances). 9. 8. Substitution Clause. To ensure commercial and non-commercial signage is afforded equal protection under the Englewood Municipal Code, any sign authorized in this Section may contain either commercial or non-commercial copy. 10. 9. Sign Definitions. See Section 16-11-2 EMC – (Definition of Words, Terms and Phrases). Note: Many terms are listed under the word “Sign”, i.e. Sign, Awning or Sign, Ground. B. Incidental Signs Allowed Without Sign Permit. The following signs are allowed in all zone districts and are exempt from the Sign Permit requirements of Subsection 16-6-13(A)(3) – EMC (Sign Permits). Such signs shall be in addition to all other signs permitted in any zone district in which they are located, provided such signs meet the conditions of this Subsection. Any sign not meeting the conditions of this Subsection shall require a Sign Permit and shall be included in the calculations for total allowable sign area and maximum sign number. Incidental signs allowed without a Sign Permit shall not conflict with traffic regulatory devices; be located within a sight distance triangle; extend or project over any property line, or into the public right-of-way. In addition such signs, except holiday decorations and scoreboards, shall not flash, blink, or fluctuate and shall not be animated. 1. Address. Signs identifying the address of a dwelling unit or of an establishment: a. All Residential Districts. Maximum two (2) square feet in area. b. Medical, Business, and Industrial Districts. Maximum thirty-two (32) square feet in area. 2. Bulletin Boards and Kiosks. Bulletin boards and kiosks for public, charitable, or religious institutions, Properties with a minimum of 24,000 square feet of lot area in Residential Zone Districts, or any size property within Medical, Commercial, or Industrial Zone Districts, may have one (1) bulletin board or kiosk which are is not over twelve (12) square feet in area, and which are is located on the premises of said institutions. Page 58 of 141 5 3. Café Table Umbrellas. 4. Cornerstones and Plaques. Cornerstones cut into a masonry surface or inlaid so as to be part of the building. Commemorative plaques or tablets memorializing a person, event, structure, or site. 5. Drive-Thru Menu Boards Signs. A use with a drive-thru facility may have two (2) menu board signs along the drive-through lane, provided that each menu board sign is limited to one face and shall not: a. Exceed eight feet (8’) in height, and b. Exceed thirty-five (35) square feet in area. 6. Election Signs. Election signs shall not be posted more than forty-five (45) calendar days prior to the election to which the sign relates, and shall be removed within fifteen (15) calendar days following the election to which the sign relates. Such signs are limited to wall, window, and ground signs; and shall not be a banner or paper or cloth. Each election sign shall not exceed twelve (12) square feet of total sign area. 7. 6. Flags. Flags of nations or an organization of nations, states, and cities, provided such flags: a. Shall not exceed thirty-five (35) square feet in area, b. Total number of exempt flags shall not exceed five (5) flags. 8. Garage Sale Signs. Signs pursuant to Section 15-16-3 EMC - (Signs). 9. Holiday Decorations. Signs in the nature of decorations, clearly incidental and commonly associated with any national, local or religious holiday. 10. Ideological Signs. Ideological signs not more than twelve (12) square feet in total sign area. Such signs are limited to not more than two (2) per lot. 11. 7. Illuminated Buildings in Non-Residential Districts. Providing no signs, symbols, letters, figures, identifying a name, service, or product, are included in the illumination. 12. Job Site Signs. Signs not more than six (6) square feet in area per face in Residential zones and not more than thirty-two (32) square feet in area in Medical, Business and Industrial zones for the duration of work on site. One such sign shall be allowed per street frontage. 13. 8. Miscellaneous non-illuminated signs on walls, windows and doors one (1) square foot or less in area. Examples of such signs include but are not limited to; open, credit cards accepted, business hours, business associations, home occupations, and similar customer courtesy information. 14. 9. On-Site Informational Signs and Regulatory Signs. Including but not limited to; signs Signs that provide instructions as required by law, by necessity, or for the convenience of Page 59 of 141 6 visitors shall be interpreted to include such signs as “no smoking,” “restrooms,” “no solicitors,” “self-service,” “no trespassing” and similar informational signs provided such signs do not exceed six (6) four and one-half (4.5) square feet in area. Such signs are limited to two (2) signs in Residential Zone Districts and six (6) signs in Medical, Commercial, or Industrial Zone Districts. 15. 10. Private Parking or Traffic Direction Signs. Signs giving Including but not limited to; signs that provide parking or traffic directions or restrictions provided such signs: a. Are limited to wall and ground signs, b. Are not more than six (6) square feet in area per face, c. Are not more than six feet (6') in height above grade. 16. 11. Safety/Warning Signs. Signs warning of danger or hazardous conditions or to indicate the presence of underground cables, gas lines, and similar devices, provided such sign does not exceed six (6) square feet in area. 17. Sale, Lease, or Rent Signs. Signs that advertise the sale, lease, or rental of the premises upon which said signs are located shall comply with the following standards of Table 16-6- 13.1 below: TABLE 16-6-13.1 SALE, LEASE, RENT SIGN STANDARDS Zone District Use Maximum Number Maximum Size (Sf) R-1-A, R-1-B, R-1-C, R-2- A, R-2-B, MU-R-3-A, MU-R-3-B, MU-R-3-C Residential 1 6 Non-residential 1 6 MU-B-1, MU-B-2, M-1, M-2, TSA, I-1, I-2 Residential 1 6 Business and Industrial 2 Street frontage < 100 ft: 24 Street frontage > 100 ft: 32 PUD Per individual PUD standards 18. 12. Scoreboards. Scoreboards located on athletic fields. 19. 13. Signs Within Buildings. Signs within buildings that do not meet window sign specifications of Table 16-6-13.3A EMC – (Permitted Principal Building Signs). 20. 14. Vehicle Consumer Information Signs on cars, trucks, or other vehicles. Signs on cars, trucks, or other vehicles displayed in commercial sales lots which may give information including but not limited to: as to price, mileage, or similar information, provided such sign does not exceed six (6) square feet in area. Page 60 of 141 7 21. 15. Vending Machines, including fuel dispensers, and collection boxes. 22. 16. Works of Art. Works of art, pursuant to 16-11-2(B) EMC – (Definition of Words, Terms, and Phrases), including but not limited to: non-commercial art, painted images, integral decorative or architectural features of buildings that do not contain the name or logo of any business shall be allowed, provided: a. No language, symbols, or depictions that are known by or could reasonably be suspected by law enforcement to be associated with or representative of documented criminal street gangs, suspected or alleged criminal organizations, or suspected criminal activity is included or contained within the work of art. b. Murals shall be located on building walls only and shall not contain an electronic display. Mural images may extend across doorways of buildings. c. A work of art may include a sign of no more than two (2) square feet identifying the artist. 23. 17. Pennants, streamers, fringes, balloons and similar devices. 24. 18. Other Incidental Signs. Signs other than those listed above may be declared incidental by the City Manager or designee upon review and a determination that the proposed sign has similar characteristics and impacts as those listed herein. 19. Incidental Temporary Signs Allowed Without A Sign Permit. Temporary signs on the premises upon which said signs are located shall comply with the following standards of Table 16-6-13.1 below: Page 61 of 141 8 TABLE 16-6-13.1 INCIDENTAL TEMPORARY SIGNS ALLOWED WITHOUT A SIGN PERMIT Type Zone Districts Maximum Number Maximum Size (sf) Additional Regulations Type 1 Temporary Site Signs. All One per 1,000 square feet of lot area. 12 6 Signs shall not be posted more than forty-five (45) calendar days prior to an election involving including but not limited to: signs associated with elections that may involve candidates or issues for the federal, state, or local district in which the property is located. Such sign(s) shall be removed within fifteen (15) calendar days following the election. Such signs are limited to wall, window, and ground signs; and shall not be a banner or paper or cloth. Type 2 Temporary Site Signs. All NA 18 inches x 18 inches Signs pursuant to Section 15-16 EMC – (Garage Sales) Type 3 Temporary Site Signs. Residential One per street frontage. 6 Signs on properties with an active Building Permit issued by the City of Englewood for the duration of work on site. Medical, Business, and Industrial One per street frontage. 32 Type 4 Temporary Site Signs. R-1-A, R-1-B, R-1-C, R-2-A, R-2-B, MU-R-3-A, MU-R-3-B, MU-R-3-C 1 6 Signs on properties actively offered for sale, lease, or rent. Residential uses in MU-B-1, MU-B-2, M-1, M-2, TSA, I-1, I-2 1 6 Non-residential uses in MU-B-1, MU-B-2, M-1, M-2, TSA, I-1, I-2 2 Street frontage < 100 ft: 24 Page 62 of 141 9 Street frontage > 100 ft: 32 PUD Per individual PUD standards Type 5 Temporary Site Signs. All NA NA Signs in the nature of decorations, clearly incidental and commonly associated with a holiday. Type 6 Temporary Site Signs. Non-residential uses in MU-B-1, MU-B-2, M-1, M-2, TSA, I-1, I-2 NA NA Signs as defined in the City’s policy on sidewalk sales. Page 63 of 141 10 C. Prohibited Signs and Other Prohibitions. The following are inconsistent with the purposes and standards of this Chapter; are prohibited in all zone districts and shall not be the subject of a variance application. 1. Billboards Signs over 125 square feet in area, unless the sign is a legal non-conforming sign (see 16-9-5 Nonconforming Signs). 2. Off-premise signs (also known as third-party signs). 3. 2. Vehicular signs Signs on vehicles, except signs permanently affixed, painted, or magnetically applied. No sign shall be placed or erected in the bed of a truck or on the deck of a trailer or a truck; nor shall such vehicles. No vehicle upon which a vehicular sign is affixed shall be parked on private property or in the public right-of- way for the primary purpose of directing or attracting the attention of the public to any person, institution, organization, business, product, service, event or location. a. This Subsection shall not apply to: (1) Vehicles operated in the normal course of business or parked or stored in the normal course of business in an area appropriate to the use of the vehicle for delivery or another commercial purpose. (2) Mobile advertising signs on vehicles legally in transport on a public road-way. 4. 3. Roof Signs. Existing roof signs permitted and approved under a previous Code or approved under South Broadway Sign Area standards effective from July 10, 2000 to the effective date of this Title shall be grandfathered and considered legal conforming signs. 5. 4. Additionally, the following signs and devices are prohibited: a. Any sign not in compliance with sight distance standards of 16-6-13(E)(1) EMC – (Visibility). b. Signs on fences or freestanding walls, unless an integral part of the fence or wall, and meet all requirements of this Section. c. Strobe lights. d. Flashing, blinking signs. e. Any principal sign that does not meet material standards of Section 16-6- 13(F)(5) EMC (Prohibited Principal Sign Materials). f. Any sign that imitates or resembles an official traffic control device or signal, or which attempts to direct the movement of traffic, or which hides from view or interferes with the effectiveness of any official traffic control device or signal. g. Any sign that constitutes a hazard to public safety. Page 64 of 141 11 h. Snipe Signs. Any sign tacked, nailed, posted, pasted, glued, or otherwise attached to trees, utility poles, traffic devices, or similar objects. It shall be prima facie evidence that the business or service identified on the sign has erected or caused the sign to be erected. i. Any sign that interferes with a fire escape, window, door, or opening used or required as a means of egress or ingress. D. Signs in the Public Right-of-Way. 1. Signs Not Requiring a Sign Permit. The following signs are allowed without a Sign Permit provided they meet all requirements of the EMC: a. Signs required or specifically authorized for a public purpose, including traffic control signs and street signs. b. Signs Type 6 temporary site signs placed by an individual who is associated with a for City-approved sidewalk sale pursuant to a public sidewalk sale as defined in the City’s policy on sidewalk sales this Title. c. Signs Type 2 temporary site signs placed by an individual who is associated with a for garage sale pursuant to Section 15-16-3 EMC – (Signs Garage Sales). d. Human Signs pursuant to 16-6-3(G)(2) EMC – (Human Signs). 2. Signs Requiring a City License or Agreement. a. District Identification Banners. City owned banners or banners authorized by City License affixed to streetlights in the right-of-way for the purpose of identifying a District, and/or its various events. This shall apply only to City authorized Districts. b. Street Banners. Banners across public thoroughfares as allowed by City agreement. c. Business Improvement District Advertising Signs and Devices. Advertising Signs and devices of City-approved Business Improvement Districts authorized by City License. d. Bus Bench and Bus Shelter Signs. Signs as authorized by City License. e. Signs extending into or over the public right-of-way authorized by an Encroachment Permit and Indemnity Agreement approved by the City. f. Portable Signs on the Public Sidewalk. (1) Purpose. The purpose of allowing certain portable signs on a public sidewalk in M-1, M-2, M-O-2, MU-B-1, MU-B-2, I-1 and I-2 zones, includes: Page 65 of 141 12 (a) Recognizing and accommodating the physical constraints related to signage that exist for businesses occupying buildings that are built immediately abutting or within two and one-half feet (2.5’) of the public sidewalk; and (b) Promoting a pedestrian-friendly environment on public sidewalks. (2) Allowed Portable Signs. The following types of portable signs may be allowed on the public sidewalks provided they meet all requirements of this Subsection: (a) A-frame or “sandwich board”, (b) Pedestal or “stanchion”, and (c) Three-dimensional (3-D) objects. (3) Materials and Maintenance. Portable signs on a public sidewalk shall be constructed and maintained in accordance with 16-6-13(A)(5) EMC – (Sign Maintenance). Such signs shall be maintained as to avoid faded or discolored backgrounds or copy; broken, loose, or ill-fitting pieces; and jagged edges or other conditions that may pose a hazard to pedestrians. (4) Display. Portable signs on a public sidewalk shall meet the following display standards: (a) The sign shall only be displayed during hours when the establishment to which the specific sign pertains is open for business. (b) The sign shall only be located on the public sidewalk. (c) The sign shall not move or include moving parts, attached balloons, pinwheels, flags, banners, streamers, pennants, or similar devices. (d) The sign may contain a commercial or noncommercial message. (e) Illumination. Only self-contained illumination approved by the City Manager or designee shall be permitted. (5) Portable Sign Standards. The City Manager or designee may grant permission for the placement of a portable sign on a public sidewalk to an establishment occupying a building that is located immediately abutting or within two and one-half feet (2.5’) of the public sidewalk, provided the following standards are met: (a) Maximum Number. A portable sign on a public sidewalk shall count toward a use’s maximum allowed number of accessory signs. i. Single tenant on site: Limited to one (1) such sign. ii. Multi-tenant building: Limited to one (1) such sign for each use located on the first floor of the building. Page 66 of 141 13 (b) Placement. Portable signs on a public sidewalk shall be placed so that: i. The sign is between a building front and the curb line in front of the establishment to which the sign pertains, ii. The sign is on the sidewalk surface and not on any structure, vehicle, or area containing landscaping, iii. The sign is at least two (2) feet behind the curb line, iv. The sign is anchored or secured in a manner approved by the City Manager or designee, v. A minimum of five (5) feet of unobstructed walkway for pedestrian passage is maintained at all times and any applicable provisions of the Americans with Disabilities Act are met. City Manager or designee shall take into account other obstacles including but not limited to street lamps, fire hydrants, street furniture, planters, or similar appurtenances in determining the unobstructed walkway, vi. The sign does not obstruct traffic visibility or any official traffic control device, or block any public entrance to or required emergency exit from a building, and vii. The sign is not made to look like, and does not contain any representation of a traffic control device or traffic sign. (c) Maximum Height. The sign shall not be more than four feet (4’) above grade at its tallest point as installed. (d) Maximum Width. The sign shall not be wider than three feet (3’) at its widest point. (6) Sign Permit Required. The City Manager or designee may issue a Sign Permit for placement of a portable sign on a public sidewalk provided: (a) An application for such sign is submitted on forms provided by the City accompanied by a site plan showing the exact location of the sign. (b) Evidence of general liability insurance in a form satisfactory to the City is provided. Such policy shall thereafter be maintained in full force and effect during any period in which the sign is located on the public sidewalk. In addition, anyone placing a portable sign on the public sidewalk shall be deemed to have agreed to indemnify, hold harmless, and defend the City from and against all claims arising from the placement and continued presence of the sign on the public sidewalk. (c) No portable sign shall be approved if the property is not in compliance with Section 16-6-13 EMC – (Signs). If, after receiving a Sign Permit, Page 67 of 141 14 the property fails to remain in compliance with this Section, the permit shall be revoked and shall not be reissued for one (1) year. i. The City Manager or designee shall issue portable Sign Permits for one (1) year; however, the Sign Permit may be revoked earlier at the City's discretion. (d) In addition to a Sign Permit, a revocable “Temporary Occupancy of the Public Right-of-Way Permit and Indemnity Agreement”, or other document approved by the City, shall be required. (7) Business Improvement Districts. Business Improvement Districts (BIDs) may notify the City Manager or designee that the BID does not want to have such signs permitted anywhere in their District. Such notice shall be an official notice from the BID, in writing, showing the decision and date it was adopted. If such notification is made, the City shall not permit portable signs on the public sidewalk within that BID. 3. Signs Prohibited in the Public Right-of-Way. Signs requiring a City License or Agreement under 16-6-13(D)(2) EMC when there is no existing permit, license and agreement and all signs not allowed by Subsection 16-6-13(D)(1) EMC (Signs Not Requiring a Sign Permit) shall be prohibited in the public right-of-way. E. Sign Specifications. 1. Visibility. Signs and advertising devices shall not obstruct the visibility of pedestrians and vehicular traffic within sight triangles established by this Subsection. Monument signs over three feet (3') in height above the grade, and pole signs with a clearance of less than eight feet (8‘) between grade and the bottom of the sign shall be prohibited within the following sight triangles: a. Street/Street Intersection. Said triangle shall be measured from a point where two street curb lines intersect. The distance from this point shall be thirty feet (30') along each street curb line ("A" and “B”). The third side of the triangle ("C") shall connect these two sides, creating the triangle. Figure 16-6(16) shall be used to determine said triangle. Page 68 of 141 15 b. Street/Alley Intersection. Said triangle shall be measured from a point where the street curb line and the centerline of the alley intersect. The distance from this point shall be twenty-five feet (25') along the curb line ("B") and twenty-five feet (25') along the alley center line ("A"). The third side of the triangle ("C") shall connect these two sides, creating the triangle. Figure 16-6(17) shall be used to determine said triangle. c. The City Traffic Engineer shall review and establish sight distance standards related to Sign Permit applications for all other situations (i.e. driveways and ingress/egress points) not described herein. d. The City Traffic Engineer shall determine compliance with sight distance standards in connection with all Sign Permit applications and shall be authorized to vary these standards depending on site conditions. Page 69 of 141 16 2. Sign Illumination. a. Purpose. The purpose of this Subsection is to provide objective and practical sign lighting levels for principal signs that promote sign legibility and which mitigate potential impacts on traffic safety and the community at-large. b. Methods of Illumination. The following methods of illumination may be allowed provided zone district illumination standards are met: (1) Internal Illumination. The light source is contained within the sign, not visible to the eye, and shines through a translucent surface; examples include, but are not limited to, box signs and channel letters. (2) External Illumination. The light source is outside of and directed toward the sign face; examples include, but are not limited to, flood or spotlights and gooseneck lights. External illumination shall comply with the following: (a) External lighting of signs may be achieved by down lighting or by ground-mounted light fixtures, as follows: i. External lighting of signs ten feet (10’) or more in height shall only be illuminated from the top of the sign and directed downward. ii. External lighting of signs less than ten feet (10’) in height may be illuminated from the top of the sign or from the ground. (b) The fixtures shall be shielded and directed in such a manner as to illuminate only the face of the sign, the light source is concealed from pedestrians’ and motorists’ “lines of sight”, and any illumination beyond the sign face is minimized. (3) Integral Illumination. The light source itself is a fundamental element of the sign; examples include, but are not limited to, neon or bulbs that spell out the sign message. Exposed bulbs may be up to fifteen (15) watts in power. (4) Electronic Message Display (EMD) Illumination. The light source is programmed and supplied by use of incandescent lamps, light emitting diodes (LED), liquid crystal displays (LCD), a flipper matrix, or similar electronic means. c. Sign Illumination Standards. (1) All lighted signs shall meet applicable electrical codes adopted by the City and a separate Electrical Permit shall be required. (2) Non-electronic message display (EMD) signs illuminated at night shall not exceed a maximum luminance level of seven hundred fifty (750) candelas per meters squared (cd/m2), regardless of the method of illumination. Measurement shall be in candelas per meters squared (the luminous intensity of a sign in a specific direction divided by the area of the sign). Page 70 of 141 17 (3) Electronic message display (EMD) signs. The difference between the off and solid-message measurements shall not exceed 0.3 footcandles at night. See Subsection EMC 16-6-13(F)(6)(b)(5)(f)(iii). (4) Accessory signs shall not be illuminated. (5) No sign in any R-1, R-2, or R-3 District shall be illuminated between 11:00 PM and 7:00 AM, except signs permitted for 24-hour emergency medical services, and public services such as police and fire. d. Prohibitions and Restrictions. (1) Sign illumination is prohibited for the following: home occupation signs, on-site accessory signs and advertising devices. (2) Signs shall be illuminated in a way that does not cause glare onto the adjacent pedestrian ways, streets, or adjacent properties. (3) Only self-contained illumination approved by the City Manager or designee shall be permitted for portable signs on the public sidewalk. (4) Signs shall not include animated, flashing, moving or intermittent illumination except that electronic message display signs may change no more frequently than the rate specified in Subsection 16-6-13(F)(6)(b)(5) EMC – (Electronic Message Display (EMD) Signs). e. Searchlights. Searchlights are permitted in MU-B-1, MU-B-2, I-1 and I-2 Districts only. Searchlights directing attention to, or advertising a business shall be considered accessory signs. 3. Rules of Sign Measurement and Computation. The following regulations shall control the measurement and computation of sign area, sign height, sign clearance, street frontage, and building frontage: a. Sign Area. The entire sign face within a continuous perimeter enclosing the extreme limits of the display surface including any framing, trim or molding shall be included in the computation of sign area. The supporting structure or bracing of a sign shall be omitted from measurement, unless such structure or bracing is made part of the message or face of the sign. (1) Sign Area Computation. The area of all signs shall be computed by use of standard mathematical methods. An unlimited number of lines may be used to enclose the extreme limits of the sign, including all frames, backing, face plates, non-structural trim or other component parts not otherwise used for support. (2) Signs with Backing/Background. The area measurement of a sign that is enclosed by a box, framed, outlined, painted or otherwise prepared and intended to provide a background for the sign display shall be determined by the area of the entire sign including the background material. Page 71 of 141 18 (3) Signs without Backing. The area of signs comprised of individual letters, figures, or elements shall be determined by the sum of the area of each separate element and shall include all the display areas, including the open space between the elements. (4) Three-Dimensional (3-D) Signs and Advertising Devices. The area of three- dimensional, spherical, free form, sculptural and/or other nonplanar signs or advertising devices, shall be determined by multiplying the length times width of the object’s largest profile. The measurements shall be taken with the object at full extension. (5) Sign Faces. A sign face is the display surface available for displaying a message. The number of sign faces used to calculate the area of a sign shall be determined by Table 16-6-13.2 EMC – (Sign Face Computations to Determine Sign Area). TABLE 16-6-13.2: SIGN FACE COMPUTATIONS TO DETERMINE SIGN AREA Sign Category Sign Type Computation Additional Regulations (See Table Notes) Principal Building Signs Awning Sum of all sign faces Canopy Sum of all sign faces Marquee Sum of all sign faces when face separation is > 45°; otherwise only the largest face Projecting One (1) face 1 Roof – Mansard Sum of all sign faces Suspended One (1) face Wall Sum of all sign faces Window Sum of all sign faces to calculate the maximum area coverage Principal Ground Signs Monument Pole 1 or 2 faces: One (1) face; 3 or more faces: Sum of the two (2) largest faces 2 Notes to Table: 1. Provided the separation between faces is no greater than eighteen inches (18”) and no sign is displayed on the separation surface. 2. Back-to-back signs shall be regarded as a single sign only if mounted on a single structure, and the distance between each sign face does not exceed eighteen inches (18”) and no sign is displayed on the separation surface. Page 72 of 141 19 b. Sign Height. (1) Ground Signs. The height of a ground sign shall be computed as the vertical distance from the normal grade at the base of the sign or its support structure, whichever is lower, and the topmost portion of the sign or the structure supporting the sign, whichever is higher. Normal grade shall be construed to be the lower of: (1) existing grade prior to construction; or (2) the newly established grade after construction, exclusive of any filling, berming, mounding or excavating solely for the purpose of locating the sign. In cases where the normal grade cannot reasonably be determined, sign height shall be computed on the assumption that the elevation of the normal grade at the base of the sign is equal to the elevation of the nearest point of the crown of a public street. (2) Projecting and Marquee Signs. The height of projecting and marquee signs shall be computed as the vertical distance from the lowest grade below the sign or its support structure, whichever is lower, and the topmost portion of the sign or the structure supporting the sign. c. Sign Clearance. Clearance for all signs shall be measured as the vertical distance between finished grade and the lowest point of the sign, including any framework or other embellishments. d. Projections. Wall and projecting signs shall be measured from the building façade to the farthest aspect of the sign, including any framework or other embellishments. e. Measurement of Street Frontage. For the purposes of this Section street frontage is the length of the public street abutting the parcel on which the sign is located. For the purposes of determining allowable sign area the following shall apply: (1) An alley shall not be used to calculate street frontage. (2) A City-approved private street may be used to calculate street frontage. (3) For corner lots, the frontage of all streets shall be cumulative. f. Measurement of Building Frontage. For the purposes of determining allowable sign area the following shall apply: (1) The frontage of a building shall include only the elevation(s) facing a public street. (a) If a building has more than one (1) elevation facing a public street, the cumulative building frontages shall be used to determine the maximum sign area. Page 73 of 141 20 (b) An alley shall not be used to calculate building frontage. (c) A City-approved private street may be used to calculate building frontage. (2) Building frontage is determined by measuring a straight line, paralleling the street-facing elevation, between the two (2) most distant ends of the building. (3) In the case of an irregular elevation surface, a single straight line approximating such elevation shall be used to measure the elevation's length. (4) Building frontage used as the basis of determining allowed sign area for one use may not be used again as the basis for determining the permitted sign area for another use. (5) Multi-Tenant Buildings. The portion of a building that is owned or leased by a single occupant shall be considered a building unit. The building frontage for a building unit shall be measured from the centerline of the party walls defining the building unit. g. Final Determination and Appeals. Final determination of measurements and computations for signs and advertising devices shall be made by the City Manager or designee. Appeals shall be made to the Planning and Zoning Commission. F. Principal Signs. A principal sign is defined as a sign attached to a building, structure, or the ground in some manner that requires a Sign Permit from the City and is made of durable materials approved by the City. 1. Permit Required. A Sign Permit shall be required for all principal signs identified in Table 16-6-13.3A: Permitted Principal Building Signs and Table 16-6-13.3B EMC – (Permitted Principal Ground Signs). 2. Number. The number of allowed signs per use shall be determined by the zone district in which the sign is located based on Tables 16-6-13.6 through 16-6-13.9 EMC – (Zone District Principal Sign Standards). 3. Maximum Sign Area. The maximum allowed sign area for any use shall be determined by Tables 16-6-13.6 through 16-6-13.9 – EMC (Zone District Principal Sign Standards). a. Sign area may be distributed among the allowed number of signs in any manner provided no single sign face exceeds one hundred twenty-five (125) square feet in area. 4. Location Standards. All portions of a principal sign shall be located completely on the parcel for which the Sign Permit is issued, unless allowed to encroach into or over the public right-of-way by an Encroachment Permit and Indemnity Agreement approved by the City. Page 74 of 141 21 a. A minimum setback from a property line shall not be required unless specified in Tables 16-6-13.6 through 16-6-13.9 EMC – (Zone District Principal Sign Standards). 5. Prohibited Principal Sign Materials. The following materials shall be prohibited for principal signs. Corrugated plastic (i.e. Coroplast), fabric, cloth, canvas, foam board, paper, cardboard, poster board, thin-gauge aluminum less than 1/8” thick, vinyl banner material (polyvinyl chloride [PVC]), engineered wood products including plywood, chipboard, particle board, medium density fibreboard (MDF), oriented strand board (OSB), or similar products, or other materials not reviewed and approved by the City Manager or designee. a. Exception: Medium density overlay (MDO), Duraply, or similar paintable surface made of plywood with a weather-resistant resin overlay bonded to the wood by heat and pressure may be used for principal signs constructed with sealed edges. 6. Permitted Principal Signs. It shall be unlawful for any person to erect a principal sign that does not conform to the standards enumerated in Table 16-6-13.3A Permitted Principal Building Signs, Table 16-6-13.3B: Permitted Principal Ground Signs and Tables 16-6-13.6 through 16-6-13.9 EMC – (Zone District Principal Sign Standards). a. Principal Signs by Type. The type of signage allowed in each zone district shall be determined by Tables 16-6-13.6 through 16-6-13.9 EMC - (Zone District Principal Sign Standards). Page 75 of 141 22 TABLE 16-6-13.3A PERMITTED PRINCIPAL BUILDING SIGNS Sign type Structure/Construction Signage Additional Regulations Principal Building Signs AWNING Applied to an awning supported only by the building on which it is located.  Clearance: Min. 8’ above grade  Projection: Shall not project within 5’ of back of curb  Location: Awning shall not extend beyond the façade on which it is located except at building corners  Number: Each awning with sign copy counts as 1 sign  Area: All copy faces count in area calculation  Face: May be on any face (front, side, valance) of the awning  Sign Copy: Shall be affixed to awning and shall not project above or below the awning  Encroachment Agreement required for any projection over public right-of-way  Separate Building Permit required for new awning structure  No accessory signs shall be attached to an awning CANOPY Applied to a canopy supported by the building on which it is located and a minimum of 1 stanchion.  Clearance: Min. 8’ above grade  Projection: Shall not project within 5’ of back of curb  Number: Each canopy with sign copy counts as 1 sign  Area: All copy faces count in area calculation  Faces: May be on any face (front, side, valance) of the canopy  Sign Copy: Shall be affixed to canopy face and shall not project above or below the face of the canopy  Encroachment Agreement required for any projection over public right-of-way  Separate Building Permit required for new canopy structure  No accessory signs shall be attached to a canopy MARQUEE Applied to a marquee (permanent roof-like structure supported by the building on which it is located).  Clearance: Min. 8’ above grade  Projection: Shall not project within 5’ of back of curb  Height: Maximum 25’ above grade, with no more than 10’ above roofline  Number: Marquee structure counts as 1 sign  Area: If face separation is > 45°, all faces count; otherwise only largest counts  Faces: May be on any face of the marquee  Sign Copy: Shall not project above the top of the marquee façade  Encroachment Agreement required for any projection over public right-of-way  No accessory signs shall be attached to a marquee  Marquee signs may include structural elements that extend above the marquee  Signs above a marquee structure are counted separately from the marquee sign Page 76 of 141 23 TABLE 16-6-13.3A PERMITTED PRINCIPAL BUILDING SIGNS (CONT.) Sign type Structure/Construction Signage Additional Regulations Principal Building Signs PROJECTING (Blade, Armature) Generally affixed with display face at right angles to the building facade.  Clearance: Min. 8’ above grade  Projection: Shall not project within 5’ of back of curb  Location: Signable area of facade  Height: Max. 25’, with no more than 10’ above roofline  Sign Copy: May be on any face  Sign Count: 1 face counts toward sign area  Encroachment Agreement required for any projection over public right-of-way  May require separate Building Permit  No accessory signs shall be attached to a projecting sign ROOF: Mansard Attached to or affixed to the side of a mansard roof.  Projection: Shall not project beyond building facade  Height: Shall not extend above roofline or parapet wall  Faces: All faces count toward sign area  May require separate Building Permit  No accessory signs shall be attached to a mansard roof sign SUSPENDED Suspended from a horizontal plane of a building or structure.  Clearance: Min. 8’ above grade  Maximum sign area: 4 sf/face  Faces: 1 face counts toward sign area  Shall not encroach into public right-of-way  No accessory signs shall be attached to a suspended sign WALL Attached to, painted on, or erected against a wall of a building, with display face generally parallel to the building façade.  Location: Signable area  Projection: A side wall sign may project beyond the front façade but not within 5’ of back of curb  Clearance: Any sign projecting more than 4” from the wall shall be at least 8’ above grade  Height: A maximum of 25% of a wall sign’s total area may extend above the roofline or parapet wall, provided the extension does not exceed 3’  Number: Limited to use’s maximum allowed number of signs  Area: Limited to use’s maximum allowed sign area  Faces: All copy faces count toward sign area  Encroachment Agreement required for any projection over public right-of-way  No accessory signs shall be attached to a wall sign  Signable area shall mean the building facade up to the roofline that is free of windows and doors or major architectural detail. If, because of the design of the building, a signable area cannot be identified, the City Manager or designee shall determine a suitable area for signage. Page 77 of 141 24 TABLE 16-6-13.3A PERMITTED PRINCIPAL BUILDING SIGNS (CONT.) Sign type Structure/Construction Signage Additional Regulations Principal Building Signs WINDOW Posted, applied or affixed to the interior or exterior of a window, and seen through the window from the exterior of the structure.  Location: Ground floor glazed areas only  Window Coverage: Maximum 25% of total glazed area on a façade, not to exceed 80 square feet on any one façade (See Additional Regulations)  Number: No limit, provided 25% window coverage maximum is not exceeded  For the purpose of this Section total glazed area on a façade shall include all glazed windows and doors, and their framework  Window merchandise displays and signs allowed pursuant to 16-6-13(B) EMC – (Incidental Signs Allowed Without Sign Permit) and are exempt from this Section.  Sign coverage of less than 25% of the total glazed area on a façade shall not require a Sign Permit  Sign coverage exceeding 25% of the total glazed area on a façade shall count toward maximum allowed sign area and shall require a Sign Permit  Window signs shall not be permitted in windows above the ground floor Page 78 of 141 25 TABLE 16-6-13.3B PERMITTED PRINCIPAL GROUND SIGNS Sign type Structure/Construction Signage Additional Regulations Principal Ground Signs MONUMENT Supported by and integrated with a solid base, as opposed to mounted on poles, posts or other structure.  Height: Residential Zones: Maximum 15’ All Other Zones: Maximum 25’  Minimum Setback: Residential Zones: 10’  Separation: Minimum separation between ground signs on abutting properties shall be not less than the height of the taller sign  Faces counting toward total sign area: 1 or 2 faces: 1 3 or more faces: 2 largest faces  Number: 1 ground sign per site (See Additional Regulations)  Subject to sight distance requirements of 16-6-13(E)(1) EMC – (Visibility).  Encroachment Agreement required for any projection into public right-of-way  Minimum distance between signs may be reduced by the City Manager or designee on a case by case basis when lot width or other site conditions preclude meeting the required separation distance  If there is more than 1 business in a building or more than 1 business on a site no ground signs are permitted except Multi-Tenant signs. See Section 16-6-13(H)(1) EMC – (Multi-Tenant Signs) POLE Supported on poles, posts, or similar upright structure.  Shall not be attached to any part of a building  Height: Residential Zones: Maximum 15’ All Other Zones: Maximum 25’  Minimum Setback: Residential Zones: 10’  Separation: Minimum separation between ground signs on abutting properties shall be not less than the height of the taller sign  Faces counting toward total sign area: 1 or 2 faces: 1 3 or more faces: 2 largest faces  Number: 1 ground sign per site (See Additional Regulations)  Subject to sight distance requirements of 16-6-13(E)(1) EMC – (Visibility).  Pole signs over 8’ in height shall require submittal of an engineered, wet-stamp drawing  Encroachment Agreement required for any projection over public right-of-way  Minimum distance between signs may be reduced by the City Manager or designee on a case by case basis when lot width or other site conditions preclude meeting the required distance  If there is more than 1 business in a building or more than 1 business on a site no ground signs are permitted except Multi-Tenant signs. See Section 16-6-13(H)(1) EMC - (Multi-Tenant Signs) Page 79 of 141 26 b. Dynamic Displays. Dynamic displays may be incorporated into any of the permitted sign types and shall include signage encompassing moving parts or images, LEDs and LCDs, and similar electronic messages. TABLE 16-6-13.4: DYNAMIC DISPLAY SIGNS BY TYPE AND ZONE DISTRICT P = Permitted No = Prohibited Sign Type District/Us e Animate d Changeabl e Copy: Reader Board Changeable Copy: Time/Temperatu re Electroni c Message Display Flashin g All R1, R2, R3 residential uses up to 4 units NO NO NO NO NO All R1, R2 Non- residential uses NO P1 P1 P1, P5 NO All R3 residential uses of 5 or more units NO P P P2, P5 NO R3 Non- residential uses NO P P P2, P5 NO M-1, M-2 NO P P P2, P5 NO MU-B-1 MU-B-2 I-1 I-2 P3 P3 P3 P3, P4 NO TSA Shall conform to R-3 standards, above PUD Per approved PUD sign standards Notes to Table: P1 Maximum Area: 10 square feet. P2 Maximum Area: 20 square feet. P3 Maximum Area: Subject to the use’s maximum allowed sign area. P4 Minimum separation between an electronic message display and any R Residential District shall be one hundred feet (100’). Separation shall not apply within Mixed Use Business Districts allowing residential uses. P5 Minimum separation between an electronic message display and boundary line of any residential use: one hundred feet (100’). Page 80 of 141 27 (1) General Standards. (a) Messages displayed on dynamic display signs shall not direct attention to a business, product, service or entertainment conducted, sold or offered off the premise that is not also conducted, sold or offered on the premise on which the sign is located. (b) Any sign using electronic or electro-mechanical technology for changeable copy, which malfunctions, fails, or ceases to operate in its usual or normal programmed manner causing therein motion, movement, flashing or any other similar effects, shall be repaired or reprogramed within twenty-four (24) hours to stop the motion, movement, or flashing so to maintain a static display until properly functioning. (c) Illumination. The intensity of the light source of a dynamic display sign shall not produce glare, the effect of which may constitute a traffic hazard or is otherwise detrimental to the public health, safety or welfare. (d) Electronic Billboards Nonconforming Signs. Conversion of an existing billboard nonconforming sign to an electronic message display billboard shall be prohibited. (e) Existing Dynamic Displays. All signs now considered as dynamic display signs existing on the effective date of this Title that contain an electronic changeable copy module which does not comply with the provisions of this Section shall be made to conform to the brightness, frame hold time, transition duration, and transition method provisions by December 28, 2012. (2) Animated Signs. Any sign or part of a sign that changes physical position by any movement or rotation or that gives the visual impression of such movement. Wind-driven, changeable copy, electronic message displays, and flashing signs shall not be considered animated signs. (3) Changeable Copy Signs. A sign designed to accommodate frequent message changes by either mechanical or electronic means. Manual copy change is not included in this sign type. Changeable copy signs include reader boards and time and temperature units. (a) Time and Temperature Sign. Time and temperature signs shall meet the following standard: i. Minimum Frame Hold Time. The displayed message shall not change more frequently than once per five (5) seconds. ii. Transition Method: No portion of the message may flash, twirl, change color, fade in or out or in any manner imitate movement. (b) Reader Boards. Reader board signs shall meet the following standards: i. Maximum Area. Reader boards shall be limited to twenty (20) square feet. Page 81 of 141 28 ii. Transition Method: No portion of the message may flash, twirl, change color, fade in or out or in any manner imitate movement, however it may scroll across the frame. (4) Flashing Signs. Any sign having lights or illumination that blinks, flickers, or varies in intensity at any time when in use is prohibited. The following signs are excluded from this prohibition: holiday decorations Type 5 Temporary Site Signs and scoreboards pursuant to 16-6-13(B) EMC – (Incidental Signs Allowed Without a Sign Permit), and changeable copy and electronic message display signs pursuant to this Subsection. (5) Electronic Message Display (EMD) Signs. Any sign that utilizes computer- generated messages or some other electronic means of changing copy by remote or automatic means shall be subject to the following standards: (a) Maximum Number. One (1) EMD sign shall be permitted for each street frontage on a zone lot parcel or group of parcels. (b) Frames. The sign shall contain static frames only. There shall be no effects of movement, flashing, scintillation, or similar effects within the individual frame. (c) Minimum Frame Hold Time. The displayed message shall not change more frequently than once per ten (10) seconds. (d) Transition Duration. The change of frames shall not exceed three-tenths (0.3) of a second of time between each frame displayed on the sign. (e) Transition Method. Frames shall change by dissolve, fade, or by instantaneous change from one static display to another, but shall remain as a static display after completing the change, and, once changed, shall remain static until the next change. The change of frames by the use of scrolling, flashing, rolling, window shading, or other similar effects is prohibited. (f) Illumination. i. Dimmer Software Required. All permitted EMDs shall be equipped with a sensor or other device that automatically determines the ambient illumination and programmed to automatically dim according to ambient light conditions, or that can be adjusted to comply with the 0.3 footcandle measurements of this Subsection. ii. EMD Illumination Limits: The difference between the off and solid- message measurements using the EMD measurement criteria shall not exceed 0.3 footcandles at night. All measurements shall be taken perpendicular to the face of the EMD at the distance determined by the total square footage of the EMD as set forth in the accompanying Table 16-6-13.5 EMC – (EMD Sign Area Versus Measurement Distance). See Englewood Illustrated Sign Manual for details on how to perform EMD illumination measurements. Page 82 of 141 29 Table 16-6-13.5: EMD Sign Area Versus Measurement Distance Sign Area (sq. ft.) Measurement Distance (ft.)* 2 14 3 17 4 20 5 22 6 24 7 26 8 28 9 30 10 32 15 39 20 45 25 50 30 55 35 59 40 63 45 67 50 71 * For signs with an area other than those specified above, the measurement distance shall be determined as the square root of (100 x sign area). iii. Nighttime Maximum. Lighting from the message module shall not exceed 0.3 footcandles between dusk to dawn as measured from the sign’s face. iv. Specifications Required. Applications for Sign Permits containing an electronic display shall include the manufacturer’s specifications and cd/m2 rating. v. Inspections. The City shall have the right to enter the property and view the programmed specifications of the sign to determine compliance with these provisions in accordance with the Sign Permit issued for the sign. c. Principal Signs Allowed by Zone District. The type of signage allowed in each zone district shall be determined by Tables 16-6-13.6 through 16-13-9 EMC - Zone District Principal Sign Standards. Page 83 of 141 30 TABLE 16-6-13.6: R-1 AND R-2 ZONE DISTRICT PRINCIPAL SIGN STANDARDS Zone District Use Permitted Principal Sign 1 Allowed Number Allowed Area 2 (in square feet) Additional Regulations R-1-A R-1-B R-1-C R-2-A R-2-B One-unit residential Multi-unit residential  Only those signs allowed under 16-6-13(B) EMC - (Incidental Signs Allowed Without Sign Permit)  Non-illuminated, no animation Home Occupations Wall 1 1  Non-illuminated, no animation Public/Institutional Awning Canopy Marquee Projecting Suspended Wall Window Pole Monument 3 80 square feet or amount calculated on street frontage: < 100’: 1.5 sf/ft plus > 100’: 1.0 sf/ft  See Tables 16-6-13.3A and 3B EMC – (Permitted Principal Signs)  See 16-6-13(E)(2)(c) EMC – (Sign Illumination Standards) and 16-6-13(F)(6) EMC (EMD Signs)  Monument and Pole: School, religious, and gov’t buildings only: Maximum height: 15’ Minimum Setback: 10’  Illumination prohibited between 11:00 PM and 7:00 AM 4  No single sign face shall exceed 125 square feet. All other uses 3 Awning Canopy Marquee Projecting Suspended Wall Window Monument 2 20 Notes to Table: 1 Electronic message display signs are prohibited except for time and temperature signs. 2 See Englewood Illustrated Sign Manual 16-6-13:E.3. for how to determine street or building frontage. 3 Signs for nonconforming uses shall be subject to the standards of the district in which the use is located. 4 Signs provided on a 24-hour basis for emergency medical services and public services such as police and fire are exempt from this requirement. Page 84 of 141 31 TABLE 16-6-13.7: MU-R-3 ZONE DISTRICT PRINCIPAL SIGN STANDARDS Zone District Use Permitted Principal Signs Allowed Number 1 Allowed Area (in square feet) Additional Regulations MU-R-3-A MU-R-3-B MU-R-3-C Single-unit residential, Multi-unit residential (2-4 units)  Only those signs allowed under 16-6-13(B) EMC – (Incidental Signs Allowed Without Sign Permit)  Non-illuminated, no animation Multi-unit residential (5 or more units) Awning Canopy Marquee Projecting Suspended Wall Window Pole Monument ≤ 150’ street frontage: 2 > 150’ to < 300’ street frontage: 3 > 300’ street frontage: 4 Uses with more than 2 street frontages: 1 additional sign for each frontage 100 square feet or total of street frontage factors below: < 100’: 1.5 sf/ft plus > 100’ to < 250’: 1.0 sf/ft plus > 250’: 0.4 sf/ft  See 16-6-13(E)(2)(c) EMC – (Sign Illumination Standards) and 16-6-13(F)(6) EMC (EMD Signs)  No single sign face shall exceed 125 square feet. Home Occupations Wall 1 1  No illumination, no animation Public/Institutional Hospitals Clinics Offices Awning Canopy Marquee Projecting Suspended Wall Window Pole Monument 3 Minimum 80 square feet or total of street frontage factors below: < 100’: 1.5 sf/ft plus > 100’: 1.0 sf/ft  See Tables 16-6-13.3A and 3B EMC – (Permitted Principal Signs)  No single sign face shall exceed 125 square feet.  Illumination prohibited between 11:00 PM and 7:00 AM 3  See 16-6-13(E)(2)(c) EMC – (Sign Illumination Standards) and 16-6-13(F)(6) EMC – (EMD Signs)  Monument and Pole: Only for religious, schools, gov’t buildings, hospitals, clinics, and offices: Maximum height: 15’ All other uses 2 Awning Canopy Marquee Projecting Suspended Wall Window Pole 2 20 Page 85 of 141 32 Monument Minimum setback: 10’ Notes to Table: 1 See Englewood Illustrated Sign Manual 16-6-13:E.3. for how to determine street or building frontage. 2 Signs for nonconforming uses shall be subject to the standards of the district in which the use is located. 3 Signs provided on a 24-hour basis for emergency medical services and public services such as police and fire are exempt from this requirement. Page 86 of 141 33 TABLE 16-6-13.8: M AND TSA ZONE DISTRICT PRINCIPAL SIGN STANDARDS Zone District Use Permitted Principal Sign Allowed Number 1 Allowed Area (in square feet) 1 Additional Regulations M-1 M-2 MO-2 Single-unit residential, Multi-unit residential (2-4 units) Only those signs allowed under 16-6-13(B) EMC – (Incidental Signs Allowed Without Sign Permit) Multi-unit residential (5 or more units) Awning Canopy Marquee Projecting Suspended Wall Window Monument ≤ 150’ street frontage: 2 > 150’ to < 300’ street frontage: 3 > 300’ street frontage: 4  Uses with more than 2 street frontages: 1 additional sign for each frontage 100 square feet or total of street frontage factors below: < 100’: 1.5 sf/ft plus > 100’ to < 250’: 1.0 sf/ft plus > 250’: 0.4 sf/ft  See Tables 16-6-13.3A and 3B EMC – (Permitted Principal Signs)  Prohibited illumination: Flashing, intermittent lights  Direct glare onto a residential use adjacent to the location of the sign  See 16-6-13(E)(2)(c) EMC – (Sign Illumination Standards) and 16-6-13(F)(6) EMC – (EMD Signs)  No single sign face shall exceed 125 square feet Home Occupations Wall 1 1 No illumination, no animation Public/Institutional All other allowed 2 Awning Canopy Marquee Suspended Wall Window Pole Monument ≤ 150’ street frontage: 3 > 150’ to < 300’ street frontage: 4 > 300’ street frontage: 5 100 square feet or total of street frontage factors below: < 100’: 1.5 sf/ft plus > 100’ to < 250’: 1.0 sf/ft plus > 250’: 0.4 sf/ft  See Tables 16-6-13.3A and 3B EMC – (Permitted Principal Signs)  Prohibited illumination: Flashing, intermittent lights  Direct glare onto a residential use adjacent to the location of the sign  See 16-6-13(E)(2)(c) EMC – (Sign Illumination Standards) and 16-6-13(F)(6) EMC – (EMD Signs)  No single sign face shall exceed 125 square feet Page 87 of 141 34 TSA Residential Shall comply with standards applicable to MU-R-3-A district Non-residential Shall comply with standards applicable to MU-B-1 district Notes to Table: 1 See Englewood Illustrated Sign Manual 16-6-13:E.3. for how to determine street or building frontage. 2 Signs for nonconforming uses shall be subject to the standards of the District in which the use is located. Page 88 of 141 35 TABLE 16-6-13.9: MU-B, I, AND PUD ZONE DISTRICT PRINCIPAL SIGN STANDARDS Zone District Use Permitted Principal Sign Types Allowed Number 1 Allowed Area (in square feet) Additional Regulations MU-B-1 MU-B-2 I-1 I-2 Single use on site Awning Canopy Marquee Projecting Roof Mansard Suspended Wall Window Pole Monument ≤ 150’ street frontage: 3 > 150’ to ≤ 300’ street frontage: 4 > 300’ street frontage: 5  Uses with more than 2 street frontages: 1 additional sign for each frontage 100 square feet or total of street frontage factors below: 1’ to 100’: 2.0 sf/ft plus > 100’ to < 250’: 1.25 sf/ft plus > 250’: 0.6 sf/ft  See Tables 16-6-13.3A and 3B EMC – (Permitted Principal Signs)  Prohibited illumination: Flashing, intermittent lights  Direct glare onto a residential use adjacent to the location of the sign  For electronic signs See 16-6-13(E)(7) EMC - (Electronic Message Display Signs)  No single sign face shall exceed 125 square feet. See 16-6-13(H) EMC – (Sign Bonuses) for:  Multi-tenant properties  Multi-story buildings  Buildings set back more than 100 feet from front property line Multiple uses on site (Each allowed use) Awning Canopy Marquee Projecting Roof Mansard Suspended Wall Window Pole Monument ≤ 150’ building frontage: 3 > 150’ to ≤ 300’ building frontage: 4 > 300’ building frontage: 5 100 square feet or total of building frontage factors below using the individual use’s building frontage: < 100’: 2.0 sf/ft plus > 100’: 1.0 sf/ft PUD Per individual PUD regulations Notes to Table: 1See Englewood Illustrated Sign Manual 16-6-13:E.3. for how to determine street or building frontage. Page 89 of 141 36 G. Accessory Signs. 1. On-Site Accessory Signs and Advertising Devices. a. Purpose. The purpose of allowing certain on-site accessory signs and advertising devices includes: (1) Recognizing and accommodating the business community’s desire for economical short-term signage that can be easily installed, changed, or moved to meet limited advertising needs; and (2) Maintaining an aesthetically pleasing environment by minimizing sign clutter. b. Maintenance. On-site accessory signs and advertising devices shall be constructed and maintained in accordance with 16-6-13(A)(5) EMC – (Sign Maintenance). Any on-site accessory sign or advertising device that is in disrepair or unsafe shall be repaired, removed, or replaced upon written notice of the City Manager or designee. c. Materials and Anchoring. All accessory signs or advertising devices shall be durable and weather-resistant and fastened or anchored sufficiently, whether attached to the building or positioned in the ground. d. Standards. No on-site accessory signs or advertising devices shall: (1) Be located on or over the public right-of-way, (2) Be located on the roof of any building or structure, (3) Be located on a principal sign or sign structure, fence, utility pole or other structure not intended as a sign support, (4) Be located so as to come in contact with power lines, (5) Encroach or extend over any property line, (6) Be illuminated, contain flashing or blinking lights, or electronic changeable copy, (7) Obstruct traffic visibility or any official traffic control device, (8) Be made to look like, or contain any representation of a traffic control device or traffic sign, or (9) Block any public entrance to or required emergency exit from a building. e. Permit. No Sign Permit shall be required for the placement of an allowed on- site accessory sign or advertising device. However, any on-site accessory sign or advertising device found to be in violation of this Title shall be declared a nuisance by the City and shall be subject to enforcement pursuant to Chapter 16-10 EMC – (Enforcement and Penalties). Page 90 of 141 37 f. Variances. Due to the intended short-term nature of on-site accessory signs and advertising devices, such signs and devices shall not be subject to variances. g. On-Site Accessory Signs and Advertising Devices Measurement and Calculations. The maximum size of an on-site accessory sign or advertising device shall be based on its area, linear length, or profile depending on the type of sign or device. Calculations shall be based on Table 16-6-13.10, below: TABLE 16-6-13.10: ACCESSORY SIGN MEASUREMENT Sign Type Calculation Method Measurement Method Banners, Wind-Driven, Portable Area 4 - line enclosure Inflatables, 3-D objects Profile L x W measured at the object’s largest extended profile h. Signs associated with placed by individuals conducting special events or temporary uses allowed by this Title shall be considered accessory signs and subject to the provisions of this Subsection. Such signs shall be allowed for the duration of the special event or allowed temporary use. i. Sign Specific Standards for Allowed On-Site Accessory Signs or Advertising Devices. On-site accessory signs or advertising devices shall be allowed pursuant to Table 16-6-13.11 EMC – (Table of Allowed On-Site Accessory Signs and Advertising Devices) below. Page 91 of 141 38 TABLE 16-6-13.11: TABLE OF ALLOWED ON-SITE ACCESSORY SIGNS AND ADVERTISING DEVICES On-Site Accessory Signs and Advertising Devices Types 1 Zone Districts in which Allowed Allowed Uses Maximum Number Maximum Total Area 2 (in sf) Maximum Height (in feet) Additional Regulations Banners (with or without message) Wall R-1-A, R-1-B, R-1-C, R-2-A, R-2-B Non-residential uses only 1 15 15  Accessory wall banners prohibited for single and multi-unit residential uses up to 5 units  Wall banner shall be affixed to building façade only and shall not extend beyond façade  Multi-tenant properties: See Notes to Table 4 All other zones All single uses 2 30 30 Wind-Driven (with or without message) Pole (ground mounted including non-exempt flags, sail, tear drop or feather banners, wigglers, and similar devices) R-1-A, R-1-B, R-1-C, R-2-A, R-2-B Non-residential uses only 1 15 15  Does not apply to flags of nations or an organization of nations, states, or cities. See 16-6-13(B) EMC – (Incidental Signs Allowed Without Sign Permit)  Residential zone minimum setback: 10’  Multi-tenant properties: See Notes to Table 4 All other zones All single uses 2 30 25 Staff (mounted on building) R-1-A, R-1-B, R-1-C, R-2-A, R-2-B Non-residential uses only 1 15 15 All other zones All single uses 2 30 --- Portable A-frame, sandwich board, pedestal R-1-A, R-1-B, R-1-C, R-2-A, R-2-B Non-residential uses only 1 15 6  Residential zone minimum setback: 10’  Multi-tenant properties: See Notes to Table 4  Regulation of signs in the public right-of-way: See Notes to Table 5 All other zones All single uses 2 3 30 25 Inflatables Cold air or gas-filled objects, tubes, R-1-A, R-1-B, R-1-C, R-2-A, R-2-B Non-residential uses only 1 15 15  Residential zone minimum setback: 10’ Page 92 of 141 39 tube dancers, tornado tubes, or similar devices All other zones All single uses 2 30 25  Multi-tenant properties: See Notes to Table 4 3-D Objects All objects not classed as inflatables R-1-A, R-1-B, R-1-C, R-2-A, R-2-B Non-residential uses only 1 15 6  Residential zone minimum setback: 10’  Multi-tenant properties: See Notes to Table 4 All other zones All single uses 2 3 30 25 Human Hand-held, mounted, costume R-1-A, R-1-B, R-1-C, R-2-A, R-2-B All uses --- --- ---  See Section 16-6-13(G)(2) EMC – (Human Signs)  Multi-tenant properties: See Notes to Table 4 All other zones All uses 1 10 --- Notes to Table: 1 Classification of on-site accessory signs or advertising devices not listed in this Table shall be determined by the City Manager or designee. Interpretations shall be made to the Planning and Zoning Commission. 2 Combined total area of all allowed on-site accessory signs and advertising devices. 3 Only 1 on-site sign/device is permitted if an on public sidewalk accessory sign is utilized. 4 Multi-Tenant Properties. Each allowed use on the ground floor of a multi-tenant property shall be allowed 1 on-site accessory sign or advertising device. 5 For regulation of signs in the public right-of-way: See 16-6-13(D)(2)(f)(5)(c). Page 93 of 141 40 2. Human Signs. A human sign is defined as an accessory sign which is worn (including costumes), held or attached to a human for promotional purposes or to advertise any business, commodity, service, activity, or product. Human signs do not include T-shirts, hats, or other similar clothing. a. Maximum Number. Each allowed use is permitted to use one (1) human sign. A Sign Permit shall not be required for a human sign. b. Maximum Area. The maximum area of a sign held or attached to a human shall be ten (10) square feet. c. Standards. Human signs may be located on private property or on the public sidewalk provided the following standards are met: (1) No human sign shall be held, displayed, or otherwise located on a public street, roadway, alley, or median of a public street. (2) No human sign shall utilize electronic components. (3) Human signs shall yield to the passage of pedestrians, and (4) Human signs shall not: (a) Impair lines of sight that are necessary for the safe movement of vehicular or pedestrian traffic, (b) Block the visibility of any traffic control device or traffic signal for motorists or pedestrians, or (c) Place any item on any public right of way. H. Sign Bonuses. 1. Multi-Tenant Signs. Multi-tenant signs are allowed when two (2) or more permitted uses occupy the same parcel or parcels, or building or group of buildings under the same ownership. Multi-Tenant signs shall be in addition to all other signs in terms of maximum sign area and number, provided: a. No other ground signs are used on the parcel or parcels. b. Permitted Sign Type: Multi-tenant signs shall be limited to ground or wall signs and shall not exceed the maximum sign height allowed in the zone district in which the sign is located. c. Permitted Sign Face Area. One (1) square foot of sign area for each two (2) linear feet of street frontage; provided, however, no single sign shall exceed one hundred twenty- five (125) square feet per face. d. Permitted Maximum Number. One (1) sign for the primary street frontage. An additional sign is permitted for each additional street frontage greater than one hundred fifty feet (150’). Page 94 of 141 41 e. Signs may be located anywhere on site provided sight distance and minimum separation requirements are met. f. Where, on the effective date of this Section, two (2) or more multi-tenant signs exist on a property with multiple frontages, such signs shall not be considered nonconforming solely due to not meeting the minimum lot frontage requirement of this Subsection. 2. Buildings Set Back One Hundred Feet or More from the Public Right-of-Way. The area of one (1) principal sign face may be increased at the rate of one-third of one percent (.0033) for each foot of distance beyond the first one hundred feet (100') of building setback. The increase shall be based on the use’s allowed sign area, as determined by Tables 16-6- 13.6 through 16-6-13.9 EMC – (Zone District Principal Sign Standards), provided the increase in sign face area: a. Shall not exceed one hundred twenty-five (125) square feet. b. Shall not exceed the maximum sign height allowed in the zone district in which the sign is located. c. Shall be granted only for a sign placed at the setback distance used in the calculation. d. Shall not apply in residential (R) districts. e. Shall not apply to accessory signs. f. Shall not be used in combination with 16-6-13(H)(3) EMC – (Multi-Story Building Identification Wall Signs). g. The additional sign area calculated herein shall not count against the maximum sign area. See Englewood Illustrated Sign Manual 16-6-13:E.3. for a detailed description of how to calculate increased sign area. 3. Multi-Story Building Identification Wall Signs. For multi-story buildings in excess of seventy-five feet (75’), additional wall sign area shall be permitted for building identification purposes in conformance with the schedule set forth below. a. Sign area shall be based upon a square footage factor multiplied by the horizontal linear footage of the building’s facade at the elevation where the sign is placed as shown in Table 16-6-13.12 below: TABLE 16-6-13.12: MULTI-STORY BUILDING SIGN BONUS FACTOR Sign Elevation (Bottom of sign to grade) Square Footage Factor 75 feet to 100 feet 5 square feet > 100 feet to 150 feet 6 square feet > 150 feet 7 square feet Page 95 of 141 42 b. Multi-story buildings may be permitted identification wall signs for each building façade. c. Wall sign areas permitted by this Subsection for one facade may not be used for any facade other than the one for which the allowance is granted. d. Such signs shall not count against maximum sign area or number. e. Electronic message display signs shall not be permitted under this Subsection. f. The multi-story bonus shall not be used in combination with 16-6-13(H)(2) EMC – (Buildings Set Back One Hundred Feet or More from the Public Right-of-Way). g. The additional sign area calculated herein shall not count against the maximum sign area. See Englewood Illustrated Sign Manual 16-6-13:E.3. for a detailed description of how to calculate increased sign area. (Ord. 04-5; Ord. 05-25; Ord. 07-37, § 1; Ord. 08-37, § 11; Ord. 08-72, § 1; Ord. 08-48, § 27; Ord. 47-12, §§ 1—8) Page 96 of 141 43 Section 2 16-11-2: Definition of Words, Terms, and Phrases. Editor’s Note: For the purposes of brevity and clarity, the definitions listed below only include words, terms, and phrases that are related to signs. Banner: An accessory sign made of cloth, canvas, plastic, fabric, or flexible material of any kind with only such material for backing. National flags, state or municipal flags, shall not be considered banners. Brightness: For the purpose of sign illumination, brightness is the visual sensation related to the intensity of light emanating from the face of a sign. Canopy: A roof-like structure supported by the building and a minimum of one (1) stanchion. Dynamic Displays: A generic term for non-traditional signage encompassing signs with moving parts, LED displays, moving images, and electronic messages. Flag: Any fabric, or similar material containing distinctive colors, patterns, or designs, attachable at one (1) edge to a staff or cord, and used as a symbol of a government or political subdivision thereof. All other such devices shall be considered banners. Frame: A complete, static display message on an electronic message display. Frame Hold Time: The time interval a static frame must remain on the display before transitioning to another frame. Kiosk: A freestanding structure upon which temporary information and/or posters, notices and announcements are posted. Marquee: A permanent roof-like structure attached to and supported by the building on which it is located. Roofline: A horizontal line intersecting the highest point of a roof. In the case of a flat roof, the uppermost line of the roof of the building; in the case of an extended facade or parapet, the uppermost height of said facade or parapet. Sign: Any object or graphic representation used to advertise, identify, inform, provide direction or attract attention to any idea, person, institution, organization, business, product, service, event or location, by any means including but not limited to; words, letters, graphics, motion, illumination or projected image. Sign, 3-D Object: For the purpose of Section 16-6-13: Signs, 3-D (three-dimensional) objects and advertising devices shall include any sign with length, width, and height dimensions other than principal building and ground signs as defined by this Title. Sign, Accessory and Advertising Devices: Any sign permitted without need for a Sign Permit constructed of cloth, canvas, fabric, vinyl banner material, plywood, or other light-weight material and generally intended for display for a short period of time. Accessory signs include but are not limited to banners, 3-D objects, inflatables, wind-driven, sandwich board, human, and similar signs. Wind-driven pennants, streamers, fringes, and balloons allowed as incidental signs under Section 16-6-13(B)(23) shall not be considered accessory signs. Sign, Animated: Any sign or part of a sign that changes physical position by any movement or rotation or that gives the visual impression of such movement. Wind-driven, changeable copy, electronic message displays, and flashing signs shall not be considered animated signs. Page 97 of 141 44 Sign Area: The entire face of a sign including the advertising surface and any framing, trim or molding, but not including the supporting structure. Sign, Awning: A sign attached or applied to an outdoor awning. Sign, Billboard: An off-premise, outdoor advertising display, usually a rigidly assembled board or panel, permanently affixed or attached to the ground or a building. Sign, Bulletin Board: A sign identifying an on-premise institution or organization providing announcements of events or activities occurring on the premises. Sign, Bus Bench or Shelter: A sign located on benches or shelters placed in the public right- of-way or on private property adjacent to the public right-of-way at a bus stop pursuant to a written agreement with the City which sets forth the regulations for size, content, placement, design, and materials used in the construction of said signs, benches, and shelters. Sign, Canopy: A sign attached or applied to a canopy. Sign, Construction Type 3 Temporary Site: A temporary sign erected on the premises on which construction is taking place, during the period of such construction, indicating the names of the architects, engineers, landscape architects, contractors or similar artisans, and the owners, financial supporters, sponsors, and similar individuals or firms having a role or interest with respect to the structure or project properties with an active Building Permit issued by the City of Englewood. Sign, Election Type 1 Temporary Site: An incidental sign providing information regarding elections, candidates, or issues concerning such elections. posted not more than forty-five (45) calendar days prior to an election involving candidates or issues for the federal, state, or local district in which the property is located. Sign, Electronic Message Display (EMD): A sign that utilizes computer-generated messages or some other electronic means of changing copy. These signs include displays using incandescent lamps, LEDs, LCDs, or a flipper matrix. Sign, Face: The area or display surface made available by the sign structure for the purpose of displaying a message. Sign, Flashing: Any sign having lights or illumination that blinks, flickers, or varies in intensity at any time when in use. Sign, Ground: Any sign supported by poles, uprights, braces, footers, or foundation extending from the ground but not attached to any part of a building. Sign, Holiday Decoration Type 5 Temporary Site Signs: Signs, in the nature of decorations, clearly incidental to and customarily and commonly associated with any national, local, or religious holiday. Sign, Home Occupation: A sign identifying a permitted home occupation. Sign, Human: An accessory sign which is worn (including costumes), held or attached to a human for promotional purposes or to advertise any business, commodity, service, activity, or product. Human signs do not include T-shirts, hats, or other similar clothing. Sign, Ideological: A sign which has as its dominant theme or purpose the expression of a religious, political, social, philosophical or other ideological message, ideal or belief. Sign, Illuminated: A sign lighted by or exposed to artificial lighting either by lights on or, within the sign, or directed toward the sign. Page 98 of 141 45 Sign, Inactive: Any sign identifying or advertising a business, owner, tenant, product, service or activity that has not been located on the premises for a period of thirty (30) days or more. Sign, Job Site: An accessory sign providing information about future development or current construction on a site or the parties involved in the project. Sign, Mansard Roof: A sign attached to the side of a mansard roof. Sign, Marquee: Any sign attached to or made a part of a permanent roof-like structure supported by a building and projecting over public property. Sign, Menu Board Drive-Thru: A principal wall or ground sign listing products or services available at drive-thru facilities a sign along a drive-through lane. Sign, Monument: A ground sign supported by and integrated with a solid base of footers, or foundation, as opposed to being mounted to poles, posts or other supports. Sign, Multi-Tenant: A sign that serves as a common or collective identification sign for two (2) or more uses on the same premises. Sign, Nonconforming: Any sign lawful when erected but which, on the effective date of this Title or amendment to, does not conform to the limitations established by this Title. Sign, Off-Premises: A sign that directs attention to a person, institution, organization, business, product, service, event or location not related to the same premises on which the sign is located. Sign, Pedestal: A portable accessory sign supported by a stand or base. Sign, Pole: A ground sign affixed, attached, or erected on a freestanding pole, posts, or other support that is not itself an integral part of or attached to a building or structure. Sign, Portable: Any accessory sign designed to be easily moved that is not permanently affixed to a building, structure, or embedded in the ground. Sign, Principal: A sign attached to a building, structure, or the ground in some manner that requires a Sign Permit from the City and is made of durable materials approved by the City. Sign, Projecting: Any sign, other than a wall sign or marquee sign, generally affixed at right angles to a building or wall in such a manner that its leading edge extends more than eighteen inches (18") beyond the surface of such building or wall. Sign, Roof: A sign erected upon and extending above the roofline or parapet of the building or structure. Sign, Sandwich Board: A movable accessory sign constructed in such a manner as to form an "A" or a tent-like shape, hinged or not hinged at the top; each angular face held at an appropriate distance by a supporting member. Sign, Snipe: An off-premise sign that is tacked, nailed, posted, pasted, glued, or otherwise attached to trees, poles, stakes, fences or other objects. Sign, Special Event: A sign advertising placed by individuals conducting events such as including but not limited to picnics, carnivals, bazaars, game nights, art fairs, and craft shows, or similar activities. Sign, Suspended: A sign suspended from the underside of a horizontal plane of a structure. Sign, Wall: A sign attached to, painted on, or erected against a wall of a building, the face (display surface) of which is parallel to the facade of the building and which extends no more than eighteen inches (18") from the wall. Page 99 of 141 46 Sign, Wind: Any sign set in motion by wind or breeze, such as banners, flags, pennants or other objects or material. Flags of nations, states, or municipalities shall not be classified as wind signs. Sign, Window: A sign posted, applied or affixed in or on a window which sign can be seen through the window from the exterior of the structure but excludes merchandise in a display window. Sign Area: The entire face of a sign within a continuous perimeter enclosing the extreme limits of the display surface including any framing, trim or molding, but not including the supporting structure. Sign Face: The display surface made available by the sign structure for the purpose of displaying a message. Sign With Backing: Any sign that is displayed upon, against, or through any material or color surface or backing that forms an integral part of such display and differentiates the total display from the background against which it is placed. Sign Without Backing: Any word, letter, emblem, insignia, figure or similar character or group thereof, that is neither backed by, incorporated in or otherwise made part of any other display. Signable Area: That area of a building facade up to the roofline or top of the wall that is free of windows and doors or major architectural detail. Street Frontage: The linear distance along a property line adjacent to a public or private street. Transition Duration: The time interval it takes a display to change from one static frame to another. Transition Method: A visual effect used to transition from one frame to another. Transition methods include, but are not limited to dissolve, fade, scroll and travel. Wall Mural: A picture painted on any exterior wall of a principal building, including but not limited to: non-commercial art, painted images, which (1) does not contain the name or logo of any business, or (2) restores a the restoration of a previously existing wall painting. at least forty (40) years old (regardless of whether such wall painting advertised or called attention to a product). A wall mural may include a sign of no more than two (2) square feet identifying the artist. Work of Art: All forms of original creations of visual art, including but not limited to: (1) sculpture, in any material or combination of materials, whether in the round, bas-relief, high relief, mobile, fountain, kinetic, or electronic; or (2) painting, whether portable or permanently fixed, as in the case of murals; or (3) mosaics; or (4) photographs; or (5) crafts made from clay, fiber and textiles, wood, glass, metal, plastics, or any other material, or any combination thereof; or (6) calligraphy; or (7) mixed media composed of any combination of forms or media; or (8) unique architectural stylings or embellishments, including architectural crafts; or (9) environmental landscaping; or (10) restoration or renovation of existing works of art of historical significance. Page 100 of 141 47 Section 3. Chapter 15 - GARAGE SALES 15-16-1: - Definitions. For the purpose of this chapter, the following terms shall have the meanings indicated: Garage Sale: Includes all sales entitled "garage sale", "lawn sale", "attic sale", "rummage sale", "estate sale" or similar sale of tangible personal property, which is advertised to the public at large. Person: Shall only include an individual who owns real property; rents or maintains a lease of real property; or holds the position of property manager of the real property where the sale is occurring. (Ord. 02-30) 15-16-2: - Restrictions. The following restrictions apply to all persons holding a garage sale in the City of Englewood: A. No person may conduct more than two (2) garage sales in any calendar year at the same location. B. Each garage sale shall last no more than three (3) consecutive days. C. Only the person, as defined herein, having control of the entire property may conduct a garage sale. (Ord. 0230) 15-16-3: - Signs. Persons who are actively holding a garage sale in the City of Englewood Signs are permitted to place signs in the public right-of-way to advertise garage sales provided the following provisions are met: A. No garage sale sign shall exceed eighteen inches by eighteen inches (18" × 18"). B. All garage sale signs shall bear the address of the person holding the garage sale and date of sale. C. No garage sale sign shall be placed on a traffic control device or municipal utility structure. D. No garage sale sign shall obstruct the view of traffic within the public right-of-way or hinder municipal operations. E. No garage sale sign shall be posted more than three (3) days prior to the garage sale. Page 101 of 141 48 F. No garage sale sign shall be left posted more than one (1) day after the garage sale. G. E. It shall be prima facie evidence that the addressee identified on the garage sale sign has placed the sign in the public right-of-way. Section 4. 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. Section 5. 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 it application to other persons or circumstances. Section 6. 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. Section 7. 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. Section 8. Penalty. The Penalty Provision of Section 1-4-1 EMC shall apply to each and every violation of this Ordinance. Introduced, read in full, and passed on first reading on the 17th day of April, 2017 Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 20th day of April, 2017 Published as a Bill for an Ordinance on the City’s official website beginning on the 19th day of April, 2017 for thirty (30) days. Joe Jefferson, Mayor Page 102 of 141 49 ATTEST: Stephanie Carlile, Acting City Clerk I, Stephanie Carlile Acting, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Bill for Ordinance introduced, read in full, and passed on first reading on the 17th day of April, 2017. Stephanie Carlile Page 103 of 141 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Tom Brennan DEPARTMENT: Utilities DATE: May 1, 2017 SUBJECT: Grant of City Ditch Easement at 3650 South Broadway DESCRIPTION: Grant of City Ditch Easement at 3650 South Broadway RECOMMENDATION: Staff recommends City Council approve a Bill for Ordinance approving the Grant of City Ditch Easement to the City of Englewood from Cherry Hills Apartments, LLC. PREVIOUS COUNCIL ACTION: City Council has taken no previous action on this matter. SUMMARY: The Englewood Water and Sewer Board, at their April 11, 2017 meeting, approved the Grant of City Ditch Easement from Cherry Hills Apartments, LLC. The City reserves the full right of use and occupancy of the easement property. ANALYSIS: Cherry Hills Apartments, LLC purchased the former Flood Middle School site located at 3650 S. Broadway. Cherry Hills Apartments, LLC submitted a request to reconfigure the City Ditch's alignment for the most advantageous use of the site. The realignment necessitated the need to exchange the existing 20' wide City Ditch easement for a new 20' City Ditch easement. FINANCIAL IMPLICATIONS: None. ATTACHMENTS: Approved April 11, 2017 Water and Sewer Board Minutes Bill for an Ordinance Exhibit 1 - Grant of City Ditch Easement Page 104 of 141 ENGLEWOOD WATER AND SEWER BOARD MINUTES APRIL 11, 2017 Present:Moore, Wiggins, Roth, Johnson, Habenicht, Jefferson, Yates Absent: Gillit Also present:Tom Brennan, Director of Utilities The meeting was called to order at 5:04 p.m. 1.MINUTES OF MARCH 14, 2017 The Board received a copy of the March 14, 2017 Water and Sewer Board Minutes and Phone Vote of March 17, 2017. Clyde Wiggins noted that he had appeared at the April 10, 2017 Council Study Session to review the background and accomplishments of the Englewood Water and Sewer Board. Mayor Joe Jefferson said that Council plans to have this review with all boards on an annual basis. 2.CHERRY HILLS APARTMENTS LLC. Cherry Hills Apartment, LLC purchased the former Flood Middle School site located at 3650 S. Broadway. The project was completed with probationary acceptance. The realignment was inspected by the Englewood Water Resource Technicians and approved. Cherry Hills Apartments, LLC submitted a request to reconfigure the City Ditch’s alignment for the most advantageous use of the site. The realignment necessitated the need to exchange the existing 20’ wide City Ditch easement for a new 20’ City Ditch easement. Page 105 of 141 Motion:Recommend Council approval of the Bill for Ordinance approving the Grant of Easement requested by Cherry Hills Apartments, LLC for construction of a 306 unit apartment building. Moved:Roth Seconded:Habenicht Motion carried unanimously. 3.TOM BURNS RESIGNATION. Tom Burns submitted his resignation from the Englewood Water and Sewer Board effective March 15, 2017. Motion:To accept Tom Burn’s resignation from the Englewood Water and Sewer Board. Moved:Johnson Seconded:Habenicht Motion carried. Clyde Wiggins noted that the Englewood Water and Sewer Board currently has one vacancy and one alternate position open. 4.MINUTES APPROVAL. Tom Brennan discussed complications created by the existing policy of requiring approval of the Water and Sewer Board minutes at a following meeting before items passed can be acted upon or forwarded to Council. Board members concurred that it would expedite the action items if the policy was modified to eliminate the requirement of approving the minutes before the items can move forward. Councilman Yates noted that the existing policy of waiting for minutes approval at a following meeting have caused contractors and the public substantial money due to construction delays. It was also noted that, if needed, the minutes may be modified at the following meeting. Motion:To amend the Water and Sewer Board policy to eliminate the requirement of approval of the minutes at a following meeting, so action items that were approved at that meeting, can proceed. Mayor Jefferson noted he will discuss this policy amendment with City Council to see if there are conflicts. Moved:Yates Seconded:Habenicht Motion passed unanimously. Page 106 of 141 The next Water and Sewer Board meeting will be Tuesday, May 9, 2017 at 5:00 in the Community Development Conference Room. Sincerely, Cathy Burrage Recording Secretary Englewood Water & Sewer Board Page 107 of 141 WATER & SEWER BOARD PHONE VOTE APRIL 13, 2017 The Englewood Water and Sewer Board received the Minutes of the April 11, 2017 Water and Sewer Board meeting. Habenicht moved: Johnson seconded:To recommend approval of the April 11, 2017 Water and Sewer Board Minutes. Ayes:Wiggins, Johnson, Habenicht, Moore, Roth, Yates, Jefferson Not reached:Gillit Motion carried. The next meeting will be held May 9, 2017 at 5:00 p.m. in the Community Development Conference Room. Respectfully submitted, Cathy Burrage Recording Secretary Englewood Water and Sewer Board Page 108 of 141 BY AUTHORITY ORDINANCE NO. ____ COUNCIL BILL NO. SERIES OF 2017 INTRODUCED BY COUNCIL MEMBER _______________ A BILL FOR AN ORDINANCE FOR A GRANT OF AN EASEMENT AUTHORIZING THE CITY OF ENGLEWOOD, COLORADO’S ACCEPTANCE OF A CITY DITCH EASEMENT LOCATED AT 3650 S. BROADWAY FROM CHERRY HILLS APARTMENTS, LLC. WHEREAS, Cherry Hills Apartments, LLC constructed apartment units at the old Flood Middle School site; and WHEREAS, in order to build the apartments, Cherry Hills Apartments, LLC, was required to relocate the previous City Ditch alignment to accommodate the construction; and WHEREAS, the new alignment and construction was inspected by the City of Englewood and approved; and WHEREAS, the Englewood Water and Sewer Board reviewed and recommended approval and acceptance of the Grant of an Easement from Cherry Hills Apartments, LLC. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The City Council of the City of Englewood, Colorado herby authorizes the acceptance of “Grant of an Easement” from Cherry Hills Apartments, LLC the owner of 3650 South Broadway, attached hereto as Exhibit 1 with corresponding Exhibits A, B, and C. Section 2. The Mayor of the City of Englewood is hereby authorized to execute the “Grant of an Easement” for and on behalf of the City of Englewood. Introduced, read in full, and passed on first reading on the 1st day of May, 2017. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 4th day of May, 2017. Published as a Bill for an Ordinance on the City’s official website beginning on the 3rd day of May, 2017. Joe Jefferson, Mayor Page 109 of 141 ATTEST: _________________________________ Stephanie Carlile, Acting City Clerk I, Stephanie Carlile, Acting City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 1st day of May, 2017. ___________________________ Stephanie Carlile Page 110 of 141 Exhibit 1Page 111 of 141 Ilu tldil 3.2o:=.=.c<n_.=n.:.m.o_.m_:o..no<n=n_:m 2...smanm=9 8 no=....:=:.nannrEwanon Em:use:==_..__.o<2=o_:u...nu__2a_..5....%...__a.oz :5 _wBn=_2:_.._.ouo_.Q«<:_.o_:ouiamam=5.39..sine:nc=mn_:omQ_.E:an..._=€_.o<n=_n_:m..ms»:32:.Ea.m:.=n:=.n._..___._.__wE..33.O..E:nnman::56 :3 1%:5 _.n_=o<n.£=_.o_:saw=nE=Q8 mn=:o...Ea‘m=._u.d<n_.=n_:mno=m=.:n.R_.o_.2:n....._=2_9.v_n=.mn_0:En mnmna?:_.._.o...§.J.€E.o_=OB_:o_..m_:.<__._mavian;En v1a_..<_.5n=noame:o..0a_:nn.=.m:o_.2.5..«inn:no=m2:ano:%.a._.._.D..m.:nn£5::2 co_.ou_uo=m=._o:2 anus:on 3_.._nno_..._o_.=03.5_:..u_.o<n.=n:.m=.__.ow.mammanmnn9.1.:oo=m=.=n:o=.3n=:n_.=m.REE.....nu_mnoan_:2.n=_u_.m2=n_:.m=....nn2:2..._..:n_.m_mcuuoa.03:22.no<n_:__:m ea nmaom5.:O_.E:nn £5:_.m<n=81%:o..m=Emon.:ea.22.».mauve:0:=5 m?oae:1_.ouo:<_o£_::o<n_.2:2:W_._nnnmmuQon._nm_BEn..o_.:3 ..=__.oo3_u_n:nE...:_:=mE..c2_o&o<=.n.:on:5 .5...“w_.B:oa8Q..m_:nn.=:_n..in 9.2:.W.w_:mowQ_.m.:o_..D_.w_:2 Bmnlnm =5 3:1B:8 =3 ==&m_=_.u2_9<__onmE_u.sun.2:.onocnmaov.03.5mnuoae:Fauna?_=ma..E.an 3..25.5%..En.ea onncumanw.:no=mW:n.:5::ea33:2 .33::5 :m_:mm_.E:nn_8 03:89 .3 En D:=:.>_.Eao==_o.:._=En22::5:0333 m_3__%.__._o__:3 _..m_:mw_.E:2_8 =:_..._o_.._:m9.2:.n:1m_:u.asea_:_n_.nu.__n..n:_=_2 .:.0~E:nn m_=.=nnnua ea 8:=._._=.o.eaQ..E:o_.man:.53m=un=_2:3.o_un_.Q.mu:5 muan:52 :5:3 =3 $03 :5 5...“onQB_:onmo§__._o_.aea25:oi:n:==:n_..n_mea m:.=n:.=nmo_.O_.E:on mo...._.%__2_._u_.o<E2_5:0_.m_:oo m__n=__n<an ..§uo_.5_u_o 3%..o__.:=.n3.8..3..n..m.:_o==.n.:_=i_._n__8_.n.=o<n Ed‘2.n::=omE...nuuznnaaanom.._.oa:3 9.332.._u3un_.Q._:=3n<2:5:mnmnaaa._m._..___.%__a 3.Q_.m:.on.Q:=:o_.m_E__..m<n:5_.mm_:.5Ema_n%._2_.8q2__.._.no3___2 8 _.n5o<n 2.:a=E_=Nn =3.m3u3<n=.n.:m83552._:=5muunae:3.03:39€n:.E.Q3.1....0332£=:.n=.m ea aounnmos?52 D_.E:o_.:=5 o..<:n_.o2;mwmoans.1_.oun_.Q2...=5:OB_.:o_..5 _._..=1m_:..=_aEa u==.o_.5..8 m_.m.:ea no=<n<8D_.E:nn=3mnmn_=n.:.n:=:o_...::__n_.oo<n_===m 2....nmanomB__=_n:.==..<..525 E... .65O:=:nn__E..=_nmm_._.o=.2:.ummim.=5._=_<n_.mn15:.8 9n .5.8 =5 mumaana. _.._.o_.n_.QE.a:B5n<n_..<none:2.unnoam_.=i.=__v.n_a=__=m9.8 o_n_a=5 s._.o_n2. Ed.can903%. w.=..==mmane.Him03.:m_.n=ux.o=._8 .2.anE=n==mcan::8 _.n._.m.union... ..n_u_.nmo=B=<nm.mcnnommoaea nmamsm3.28 _.nmunn=<auuamnm=n_.n_o..25 .n_...=m. ao<n_=.==m.um_.na=_n.:meano.=.::o=mEam03::£5:,5 oo=m._.=o..._umno<n_:=:m :___a__m£3.:5.25.Page 112 of 141 Page 113 of 141 ?‘’—F.I?-_~.1‘H._.....5 2’...9‘|...'.~‘.E 72mxmumna3ummom__u.:ozm_._.C>._.mU.2._.Imzo_....:._m>m4._RD_ummodoz9._.O<<zmI=ummOC._.I_m>zommm<<mm._.om._.Im31u.z_..O:.<O_umzm_.m<<ooo.0OCZ._.<om>x>_u>_._om.w._.>._.momOO_:O_»>UO.>v>mom_.on_.>ZUmm_zm>_uom._._ozonroam9.nma.m_.ooxN:_mm_zmmxo>u<<><>UU_.:0Z.w_...C>4.mU.2._.Imzom:..m>m._..3cmmmndozu.._.o<<zm..__ummocd...m>zommm<<mm._.0."._.:m3.:WE;O_._.<O1mzmrméooo.oocziom>m>v>:om.m._.>._.monoo_.ox>uo.zomm_u>m:ocr>a.<ommoammo>m_no_._.o<<m"mmm_zz_zm>._.._._..mzox4_._m>m4nomzmm01onm>_o_.O._.8"._.:mznmmO_...._.I8.u~.3..Emma>_.ozmm>m._._._zmO_um>_uroam..x>20um>_.momm_2m ._.:m<<mm..mm_.<2.0:...om<<><onmocaxm:mm_s>zmqmmmq.>u_m..>znmon8.8mmm:._._..mzom203...:3.3.m.Emmaam.u>3_zmm>.om>m.._._zm.>o_m4>znmon8.2.mmm._.._.O >10_Z._.02._.Imzomqz_._zmonmas_.o._.umEmzomZ0241um.m3m..m>m42.020._.Im203...:_._zmonmas_.o._.um.>o_mq>zomon3.3mmma._.O.:..m.62..onmmm_zz_zm.m>_u_u>mom_.ooz.§_zm?u:moc>mmmmmaon98>nmmm.gommom_.mmm.mm>m_zmm>xmm>mmu02._._._m203...._._zm01P04.um.mrooxM._.._mm_zmmmo>u<§<>UD_.3OZ.0_._.<onmzm_.m<<oou.0OCz._.<O1>x>u>:om.m._.>._.momno_.om>_uo.>mmc_smo4.0mm>m203:$.mSm..m>m.:ummn>mmu9»>262:cm_u:<Pmme...»ozmm:>_..uom.._>xx_mxoozmmm_s::53mummzmr<o.mc_._.moneumz<mx.00mo»?8u.%u.mSo _.o._.m2mum Eooxm :_8_zmmxo>u<<>< >8=_oz 05.S9mumaanacanes:in noun. 2::=u.3..o 3.auuéu:Page 114 of 141 Page 115 of 141 MNNHUHH.m_umwom_3_ozmnc?mo_zEmzom:._m>mqEonmmojozw.«o<<zm:__um85:.m>zmm3EmmaomEm3.:_u._s..91onmzormsooo.8:21on>m>n>:om.m4>._.momoo_.ox>uo.>_u>mom_.01_.>20mm_zm>1.03.202om_.9.mm._.:xoco.._3>20_.o..mumEmocm:3.>20._.Im>_._.m<>E._zmroox4...__om_zmmmo>o<<><>00_._._Oz.m_._.C>._.m0_z._.Imzom:.._w»m._.._R onmmodozm.._.o<<zm_._=um35:.x>zmm8Emma0_uAim3.:Fa;O_._.<onmzm_.ms6oo.nocziom>m>u>:om.m::.momno_.om>oo.zomm_u>m._._oc_.>m_.<ummoamma>mmO_L.O<<mnmmm_zz_zo>._..=..mzom_._._m>m._.ooxzmmononman_.D._...m>20>_.momm_zm>V0.2...02 ._.:m<<mm._.29:.on<<><_._zmommo_.:.:_._zno_.zm._.xmm._.“imzom35....8.3.8..Emma>_.ozmm>_0saw...3.0:...on<<><czm.>a_m..>znmomawe»mmm:Emzom20.3.1mm.-_$.Emmaom_u>_..s..zmm>_0Emma_._zm.>u_m._.>zomO.“no.8mmmdazmzomzoma:8.3.3.m>m._..>o_m._.>zomonaimmmmm._.:mzommorn:3.3.3.émm...>o.m._.>zomon35¢mmm._.n._.:mzom35:.a..~...m.Emma.>_u_m§zomo...3.2mmmn:._mznmmocq...8...:.ma.<<mm._..>u_m._.>znm013.3mmmdqzmzomZ0341$.mm.8..<<mm._..>o.ma>znmon8.8mmm._.._.O>_uo_z..oz.:._mm>m._.EDI...om<<><_._zmommorn:mxo>o<<><mqxmmdimzomzomqz8.8.8.m>m_.>rozmm>_um>m._._._zm_..._m..>znmonSunmm?._.O>3.2..on_z._.mmmmo._._oz<<_._.I._.Immoc.:._mmr<I51...01<<><_._zmmomc.m.I_0I<<><mmmxmoomomu>4mooxam.n>mmason._.:m>m>_u>...omoo:z._.<mmnomumHqxmznm203...:.G..m_3..m>m._.>_.ozmm>_0moS:mm..<30:...on<<><_._zm.>o_m§zom omuwmm_um_u4._.O>_uO_Z._.oz._._..m203.:_._zmonm>_0_.O._.anEmzom203...:m....uu..$.m>.?.>_.ozm._.Imzom._.:_._zmmonm>_o_.o._.mm>203.>o_m._.>znmon~39mmm.._.O._.:m_u0_Z._.0....mmo_zz_zm.m>_on>mom_.noz4>_zm38mo:>mmmm.nn_.cmcan>nmmm.gommON_.mmm.mm>m_zmm>mmm>mmooz._.ImZONAI_._zmon_.O._.mm.mrooxM.:_mm_zmm_~o>u<§<>00_._._02.O_4<onmzmrmsoou.oocz?01>x>_...>_._om.ma>._.momno_.om>oo.>wmc_smo4.0mm>m202......mm.mw.3.m>m... _uxm_u>mmo9:>262_s:m_u_._< Pmmam» O2mm:>_.mom:>xx_mxooxmxman: .59mammmm_.<o.mcammoo omz<mx.00SR: u8.$u.mu8 1......5..... 3.96 Ga.mun0.5....9....um...bail in... DE:.no.2-no 2.2:4: 35::B3.nun 32. us.‘Hun..3 cu: _.__8_zmm_6>us><9:Q5.momma... Eusozunma.§_o...Page 116 of 141 III"-1mx_.__m:m:.c>.=mo.2:._mzom:._m>m4._Ro...mmojoz9._.O<<zmI=umm0C._.I.m>zmmmm<<mm._.0.”._.Imm.:.__u._s..O_._.<onmzm_.m<<ooo.0OCz._.<on>m>_u>_._om.m._.>._.mO_uOO_.O_.~>UO._.A52_.o._.3 *-no.5ommmm_z_zzncm.5mx_m.=zmnos.5..S.zoa.:m>3nomzmxon_.o4 Gm.mu..a.mcoxad54mL12mm.3m>m_monmm>m_zmm203:rzm_uroammm3zmIIII..I.Imnu.musm.<<?wx...mam...m$m..<<.u>mom_.GOZ._..>_Zm‘P3.38MD3.on TH5ohm>oxmm»E.o RTmRSN1N\|.lYLw.AJ WPow0.w u 1mm.WWW%W23mm3<<_.o_.3.@@_b42 S _uluB(UHOT_.S.:_.oq3 SU0S54_u_b..anz$.uu.muOumzo?mn:>zmm_zmmaezmoz..<PO...6 zh?. mn>_.m.3..am2...:Sn23?ame:_, .§§m=u.Ea_..o933.=._mSassaS229.5 an >:§m.R5 :_8_zm%o>u<§<03.EE.mmwm:.w_.__.>ou=._ozmi:02::.n.._2....=..32 1.5::B5.ouu.uu3 mi.33nuu.-u: _.I---III!I \\._II.l.In;-@§_.x.\,_?/W_-,,11.11:!I.’-x\\_._\>_- ~ -.--1 ._. T-1-- _-.:_ _.I_. -1 ---.-- _ _l4: __ _ I I ;--.- _Page 117 of 141 ll11.:1'11‘! sh8=s>n.S_m«Pea35:2582:>2:EH95.3>5EEQQQZ=:=u m.33 3_H_O|.:‘~Z..E:v..'11 oil... .3T.. _§:>n._ «QR _. N_ Q3: P23 :9 o.s05.5.I3 E./\uunsuis 87.53B Snum=znE.\zuurvum EPSPEAS _.9:E529Eazoz WaB5. u=2:33.2 I_<9:BEE 0 \.!!..;Il. $ \I.III:___ .,_.§a G _ 0 __ m1| 8% I;-u.-.-nmn...wAMnuwnafmmmlmuumu.E..onI.$#4IllmumM.an:643.0(mm.5an( nu 82mwmw.HmTmmmu.m..rTsw_ mfmmmmyummu?mwmn.mmun.«mIll:wm..nwm»~: ummmummmmmlnmmmmmwmnmummmm.m|-‘ E8ww?.gnaw \:n=R IIluI\|\.A.|\‘lLIll --n._ x _.|. --[ n.?_z.......2an.553u _QLES?nnawn.-.2...1 muim.sV__\sci.V .1P|.v.as .a Ill) _ I .}yuwzwmfwm//.K mW=:...k._.n..2:5»‘I’!\ \m1_.2a_.T.&..?.upEu 3,7.-useL?umw..n?g 53993 _| \|§$u x. Mora4.ac ..S9=z.w2_.n. W...4. __ -. g.. Mn3nm<8a.nm%samsx?ua5.5 .:..uut.B mfa?aEE3...L an5.BG5.Q.as9:5»:5759.ac 3.8G..3.3...::9HE.Beams2»2.3:2.3::.w..3..5.«Frun2“N393. §.$.._§MNEHmH 3»ET:a9:.4nm23:T._ms$2.3-83.3mamasznizz..r_ 2‘EC...u .H,mE l ._. M.E;.Hn.n.._w_.,..Hm :.$_?wasan..._ 5..m::2»..-3.;S x.3E15265... H...u2?;23.3—.nmad..,...xurn.W 2N395 ‘ .082:A?.132Ec.xC usesK...W Y .anH:L._AaanEa?.w“Amm.a2En?uzan.3.8.:U 0:2anEra;..uw:0.S.R _. B _ E963.vu Mmuauas., U._.. H.W. ._ bu. 389:_ 3555. o_._.<5:0:czm>32 mnkh..s m.=m=..nxx E:I wrung .\I_z<2 u E.__.u¢3 =2 9:.35.:.5 $8 9.2:S I 3E55 wuuu as:5. ll ....§ =2.uyF5.muuo $3n+8~+~o_+@u_+818 gmWon?mcmchm3.ou.~_S~ mmwmzid>5»o:mmm<:__._.mmcm_u_<_m_oz.m_.oou_sm..._......_.,.._.....m>mmcx<:o_.o_zmm._._.nmzormsoou9198...mm_.oo>:ozll :23.2:.9......_ur)zwwm0_u=rmII M....,,uu;“_.....“.n.§.“" P.33..33:ll '1:al |a...l.|l.|..n % H ._.u..M --.s..._ xx1 ./,k\m! I I 1 mPage 118 of 141 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Kathleen Rinkel DEPARTMENT: Finance & Administrative Services DATE: May 1, 2017 SUBJECT: General Obligation Bond for Englewood Police Headquarters Building DESCRIPTION: General Obligation Bond for Englewood Police Headquarters Building RECOMMENDATION: Staff recommends that Council approve an Ordinance to establish parameters authorizing the sale of General Obligation Bonds (GOB) for the Englewood Police Headquarters Building. PREVIOUS COUNCIL ACTION: A Ballot issue for construction of a new Englewood Police Headquarters Building was approved by voters on November 8, 2016. On January 3, 2017, Council approved a Resolution declaring its intent to reimburse City funds spent on the Englewood Police Headquarters building project from the proceeds of the issuance of Municipal Bonds. Council approved a Bill for an Ordinance on first reading at their April 17, 2017, meeting. SUMMARY: The attached Ordinance is being requested to expedite the pricing and sale of General Obligation bonds (GOB). The parameters have been set to reflect the limits in the ballot issue approved by voters on November 8, 2016. ANALYSIS: Providing an Ordinance is a common practice in the finance industry and gives pre-authorization to the City to sell the bonds within the guidelines outlined in the Ordinance. This allows the City to make decisions, based on underwriter and financial advisor recommendations, at the time of the purchase offer to ensure the best structure and pricing of the bond issuance given prevailing market conditions on the date of the sale. Based on market conditions, investor orders, City and financial advisor recommendations, the pricing of the City’s bonds is finalized on the sale date and the Underwriter agrees to purchase the bonds at the agreed upon yields. The final pricing information is incorporated into final documents after pricing and before closing. At closing (approximately two weeks after pricing), the underwriter will purchase the City’s bonds at the purchase price finalized on the pricing date. The City will receive funds for the project, and investors will receive the City’s bonds from the underwriter. Page 119 of 141 FINANCIAL IMPLICATIONS: The Ordinance sets forth parameters to guide the terms of the bonds including the maximum net effective interest rate and the final maturity of the bonds. Parameters set forth in the Ballot Issue: Debt to be increased $27 Million (limit on total Par value of the Bonds) Repayment cost of up to $47.9 Million (Principal and Interest total) City Taxes Increased by up to $2.2 Million annually (from which to make payments) Parameters included in the Parameters Ordinance: Bonds shall be issued in denominations of $5,000 in principal amount or any integral multiple thereof The net effective interest rate on the Bonds shall not exceed 5.0% per annum (this allows for market variability between now and the sale date) The final maturity date for the Bonds shall be no later than twenty (20) years Principal and interest on the Bonds will be made from a dedicated property tax mill levy Payment Schedule (yet to be determined): The bond principal and interest payment schedule is outside of this Parameters Ordinance and will be determined with the structure of the bonds (maturity of bond segments sold). Typically, the schedule for a General Obligation bond is structured with two annual payments: one in June and one in December. This provides appropriate time for collection of real estate taxes to make payments. Delegation of authority to the Director of Finance and Administrative Services of the City, or the City Manager provides flexibility to negotiate final pricing terms based on market conditions and accommodate changes in the pricing date and overall financing schedule as needed. The Ordinance also approves substantially final forms of financing related documents which are on file and available for review. ALTERNATIVES: If the Ordinance is not in place at the time of the sale, the GOB sales documents will need to be approved by Council at a regular Council meeting or at a special Council meeting called for this purpose on the day of sale. CONCLUSION: To obtain the best financial outcome for the City, staff is recommending approval of this Bill for an Ordinance to provide guidance in the sale of the General Obligation Bonds for the Englewood Police Headquarters building project. ATTACHMENTS: Ordinance Page 120 of 141 BY AUTHORITY ORDINANCE NO. ____ COUNCIL BILL NO. 30 SERIES OF 2017 INTRODUCED BY COUNCIL MEMBER _________________ AN ORDINANCE OF THE CITY OF ENGLEWOOD AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS APPROVED BY THE CITY’S VOTERS ON NOVEMBER 8, 2016, TO FINANCE CAPITAL IMPROVEMENTS AND AUTHORIZING THE LEVY OF PROPERTY TAXES TO PAY SUCH BONDS; PROVIDING THE FORM OF THE BONDS AND OTHER DETAILS IN CONNECTION THEREWITH; AND APPROVING DOCUMENTS RELATING TO THE BONDS. WHEREAS, the City of Englewood, Colorado is a municipal corporation duly organized and operating as a home rule city under Article XX of the Constitution of the State of Colorado and the Charter of the City (unless otherwise indicated, capitalized terms used in this preamble shall have the meanings set forth in Section 1 of this Ordinance); and WHEREAS, pursuant to Section 104 of the Charter and Article XI of the Constitution of the State of Colorado, the City is authorized to issue general obligation bonds for any public capital purpose, subject to obtaining voter approval of a ballot issue authorizing such bonds; and WHEREAS, at an election on November 8, 2016, the following ballot issue was approved by a majority of the eligible electors of the City voting on the ballot issue: BALLOT ISSUE NO. 2C SHALL THE CITY OF ENGLEWOOD DEBT BE INCREASED $27 MILLION, WITH A REPAYMENT COST OF UP TO $47.9 MILLION, AND SHALL THE CITY TAXES BE INCREASED BY UP TO $2.2 MILLION ANNUALLY FOR THE PURPOSE OF PROTECTING CRIME VICTIMS, POLICE OFFICERS AND THE COMMUNITY BY FINANCING THE ACQUISITION, CONSTRUCTION AND EQUIPPING OF LAND, IF NECESSARY, AND RELATED CAPITAL IMPROVEMENTS FOR USE AS A NEW ENGLEWOOD POLICE DEPARTMENT HEADQUARTERS BUILDING INCLUDING: - PROVIDING MODERN FACILITIES FOR OUR POLICE TO PRESERVE RECORDS AND DNA EVIDENCE FROM COLD CASE FILES TO MEET NATIONAL CERTIFICATION STANDARDS; - PROVIDING SUFFICIENT SECURED AREAS SO VICTIMS WHO GIVE THEIR STATEMENTS ABOUT A CRIME ARE NOT IN CLOSE PROXIMITY TO THOSE ARRESTED FOR COMMITTING THE CRIME; - REPLACING THE CURRENT POLICE STATION WITH A FACILITY THAT ALLOWS FOR MODERN INTERNET, MODERN COMPUTERS, LOCKER ROOMS AND TRAINING EQUIPMENT FOR UP-TO-DATE POLICING NEEDS; AND Page 121 of 141 A-2 - PROVIDING ENGLEWOOD POLICE ADDITIONAL TOOLS, SUCH AS MORE HOLDING CELLS THAT THEY NEED TO MORE SAFELY HANDLE THOSE ARRESTED FOR SUSPECTED CRIMINAL ACTIVITY AND PROTECT THE PUBLIC SAFETY, AND SECURED PARKING TO PROTECT OFFICERS AND THEIR FAMILIES; AND TO THE EXTENT FUNDS ARE AVAILABLE ADDRESSING OTHER SAFETY SERVICES NEEDS, BY THE ISSUANCE AND PAYMENT OF GENERAL OBLIGATION BONDS WHICH SHALL BEAR INTEREST, MATURE, BE SUBJECT TO REDEMPTION, WITH OR WITHOUT PREMIUM, AND BE ISSUED AT SUCH TIME, AT SUCH PRICE (AT ABOVE OR BELOW PAR) AND IN SUCH MANNER AND CONTAINING SUCH TERMS, NOT INCONSISTENT WITH THIS BALLOT ISSUE, AS THE CITY COUNCIL MAY DETERMINE; SHALL AD VALOREM PROPERTY TAXES BE LEVIED WITHOUT LIMIT AS TO THE MILL RATE TO GENERATE AN AMOUNT SUFFICIENT IN EACH YEAR TO PAY THE PRINCIPAL OF, PREMIUM IF ANY, AND INTEREST ON SUCH DEBT AND SHALL ANY INVESTMENT EARNINGS FROM THE PROCEEDS OF SUCH BONDS CONSTITUTE A VOTER-APPROVED REVENUE CHANGE?; and WHEREAS, the Council has not previously issued any bonds pursuant to such voter authorization and has determined that it is in the best interests of the City and its residents to issue additional general obligation bonds at this time for the purpose of financing the capital improvements authorized by the Ballot Issue; and WHEREAS, as provided in Section 104 of the Charter, the total outstanding general obligation indebtedness of the City, other than for water bonds, shall not at any time exceed three percent of the actual valuation of the taxable property within the City as shown by the last preceding assessment for tax purposes; and WHEREAS, following a request for proposals resulting in submissions from nine firms, the City selected and subsequently entered into an underwriting agreement with Stifel, Nicolaus & Company, Incorporated, of Denver, Colorado, for the negotiated sale of the Bonds; and WHEREAS, with the assistance of its financial advisor, PFM Financial Advisors LLC, the Council has determined that the negotiated sale of the Bonds in the coming months is to the best advantage of the City; and WHEREAS, the Council desires to authorize the issuance and sale of the Bonds and, as provided in the Supplemental Act, delegate authority to the Sale Delegate to make certain determinations regarding the Bonds to be set forth in the Sale Certificate in accordance with the provisions of this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. Definitions. The following terms shall have the following meanings as used in this Ordinance: “Ballot Issue” means Ballot Issue No. 2C approved by City voters at the election held on November 8, 2016 and set forth in the preambles hereto. Page 122 of 141 A-3 “Bond Account” means the account established by the provisions hereof for the purpose of recording moneys for which a separate tax levy is made, or legally available moneys are applied, to satisfy the obligations of the Bonds. The Bond Account shall be a subsidiary account of the appropriate fund or account of the City and separately accounted for by the City in accordance with the provisions hereof. “Bond Counsel” means (a) as of the date of issuance of the Bonds, Kutak Rock LLP, and (b) as of any other date, Kutak Rock LLP or such other attorneys selected by the City with nationally recognized expertise in the issuance of municipal bonds. “Bond Insurance Policy” means the municipal bond insurance policy issued by the Bond Insurer, if any, insuring the payment when due of the principal of and interest on the Bonds as provided therein. “Bond Insurer” means the entity, if any, designated in the Sale Certificate which is to issue the Bond Insurance Policy. “Bond Obligation” means, as of any date, the principal amount of the Bonds Outstanding as of such date. “Bond Purchase Agreement” means the Bond Purchase Agreement, pursuant to which the City is to agree to sell and the Underwriter is to agree to purchase the Bonds at the prices and on the terms set forth therein. “Bonds” and “Series 2017 Bonds” means the Bonds authorized by the Section hereof titled “Authorization and Purpose of Bonds.” “Business Day” means any day other than (a) a Saturday or Sunday or (b) a day on which banking institutions in the State are authorized or obligated by law or executive order to be closed for business. “Charter” means the home rule Charter of the City. “City” means the City of Englewood, Colorado, and any successor thereto. “Code” means the Internal Revenue Code of 1986, as amended. Each reference to a section of the Code herein shall be deemed to include the United States Treasury Regulations proposed or in effect thereunder and applicable to the Bonds or the use of proceeds thereof, unless the context clearly requires otherwise. “Commitment” means that certain offer, if any, to issue the Bond Insurance Policy issued by the Bond Insurer. “Council” means the City Council of the City. “County” means Arapahoe County, Colorado. “C.R.S.” means the Colorado Revised Statutes. “Dated Date” means the date of issuance and delivery of the Bonds or such other date as established in the Sale Certificate. Page 123 of 141 A-4 “Defeasance Securities” means bills, certificates of indebtedness, notes, bonds or similar securities which are direct, non callable obligations of the United States of America or which are fully and unconditionally guaranteed as to the timely payment of principal and interest by the United States of America, to the extent such investments are Permitted Investments. “DTC” means The Depository Trust Company, New York, New York, and its successors in interest and assigns. “DTC Blanket Letter of Representations” means the letter of representations from the City to DTC to induce DTC to act as securities depository for the Bonds. “Enabling Laws” means the State Constitution, the Charter, the Ballot Issue, the Supplemental Act and all other laws enabling the actions of the Council pursuant to this Ordinance. “Event of Default” means any of the events specified in the Section hereof titled “Events of Default.” “Interest Payment Date” means the semi-annual dates established in the Sale Certificate for the payment of interest on the Bonds. “Official Statement” means the final Official Statement relating to the Bonds. “Outstanding” means, as of any date, all Bonds issued and delivered by the City, except the following: (a) any Bond cancelled by the City or the Paying Agent, or otherwise on the City’s behalf, at or before such date; (b) any Bond held by or on behalf of the City; (c) any Bond for the payment or the redemption of which moneys or Defeasance Securities sufficient to meet all of the payment requirements of the principal of, premium, if any, and interest on such Bond to the date of maturity or prior redemption thereof, shall have theretofore been deposited in trust for such purpose in accordance with the Section hereof titled “Defeasance”; and (d) any lost, apparently destroyed, or wrongfully taken Bond in lieu of or in substitution for which another bond or other security shall have been executed and delivered. “Owner” means the Person or Persons in whose name or names a Bond is registered on the registration books maintained by the Paying Agent pursuant hereto. “Paying Agent” means UMB Bank, n.a., in Denver, Colorado, and its successors in interest or assigns approved by the City. “Paying Agent Agreement” means an agreement between the City and the Paying Agent concerning the duties and obligations of the Paying Agent with respect to the Bonds. Page 124 of 141 A-5 “Permitted Investments” means any investment in which funds of the City may be invested under the Charter and the laws of the State at the time of such investment. “Person” means a corporation, firm, other body corporate, partnership, association or individual and also includes an executor, administrator, trustee, receiver or other representative appointed according to law. “Preliminary Official Statement” means the Preliminary Official Statement prepared in connection with the sale and issuance of the Bonds. “Principal Payment Date” means the annual date established in the Sale Certificate for the payment of the principal of the Bonds. “Project” means any purpose for which proceeds of the Bonds may be expended under the Enabling Laws, including, but not limited to, the payment of costs of issuance of the Bonds. “Project Account” means the account established by the provisions hereof for the purpose of paying the costs properly attributable to the Project. The Project Account shall be a subsidiary account of the appropriate fund or account of the City, and separately accounted for by the City in accordance with the provisions hereof. “Record Date” means, if the Interest Payment Date is on the first day of the month, the fifteenth day of the month immediately preceding the month (whether or not such day is a Business Day) in which such Interest Payment Date occurs and, if the Interest Payment Date is on the fifteenth day of the month, the first day of the month (whether or not such day is a Business Day) in which such Interest Payment Date occurs. “Ordinance” means this Ordinance, including any amendments or supplements hereto. “Sale Certificate” means the certificate executed by the Sale Delegate under the authority delegated pursuant to this Ordinance, including but not limited to the Sections hereof titled “Bond Details,” “Redemption of Bonds Prior to Maturity”, “Approval of Related Documents” and “Bond Insurance Determination”. “Sale Delegate” means the Director of Finance and Administrative Services of the City or, in the event such person is unavailable, the City Manager. “Supplemental Act” means Title 11, Article 57, Part 2, C.R.S. “State” means the State of Colorado. “Tax Letter of Instructions” means the Tax Letter of Instructions, dated the date on which the Bonds are originally issued and delivered to the City by Bond Counsel, as such instructions may be superseded or amended in accordance with their terms. “Underwriter” means Stifel, Nicolaus & Company, Incorporated, of Denver, Colorado. Section 2. Authorization and Purpose of Bonds. Pursuant to and in accordance with the Enabling Laws, the City hereby authorizes, and directs that there shall be issued, the “City of Englewood, Colorado, General Obligation Bonds, Series 2017” for the purpose of providing funds for the Project. Page 125 of 141 A-6 Section 3. Bond Details. (a) Registered Form, Denominations, Dated Date and Numbering. The Bonds shall be issued in fully registered form, shall be dated as of the Dated Date, and shall be registered in the names of the Persons identified in the registration books maintained by the Paying Agent pursuant hereto. The Bonds shall be issued in denominations of $5,000 in principal amount or any integral multiple thereof. The Bonds shall be consecutively numbered, beginning with the number one, preceded by the letter “R.” (b) Maturity Dates, Principal Amounts and Interest Rates. The Bonds shall mature on the Principal Payment Date of the years and in the principal amounts, and shall bear interest at the rates per annum (calculated based on a 360-day year of twelve 30-day months) set forth in the Sale Certificate. The Council hereby delegates to the Sale Delegate the authority to determine the aggregate principal of the Bonds (provided that the aggregate principal amount of the Bonds shall not exceed $27,000,000), the Dated Date, the Interest Payment Date, the Principal Payment Date, the price at which the Bonds will be sold, the principal amount of Bonds maturing in any particular year and the rate of interest on the Bonds (provided that the net effective interest rate on the Bonds shall not exceed 5.0% per annum). The final maturity date for the Bonds shall be no later than twenty (20) years from the Dated Date. (c) Accrual and Dates of Payment of Interest. Interest on the Bonds shall accrue at the rates set forth in the Sale Certificate from the later of the Dated Date or the latest Interest Payment Date (or in the case of defaulted interest, the latest date) to which interest has been paid in full and shall be payable on each Interest Payment Date. (d) Manner and Form of Payment. Principal of each Bond shall be payable to the Owner thereof upon presentation and surrender of such Bond at the principal office of the Paying Agent in the city identified in the definition of Paying Agent in the Section hereof titled “Definitions” or at such other office of the Paying Agent designated by the Paying Agent for such purpose. Interest on each Bond shall be payable by check or draft of the Paying Agent mailed on each Interest Payment Date to the Owner thereof as of the close of business on the corresponding Record Date; provided that interest payable to any Owner may be paid by any other means agreed to by such Owner and the Paying Agent that does not require the City to make moneys available to the Paying Agent earlier than otherwise required hereunder or increase the costs borne by the City hereunder. All payments of the principal of and interest on the Bonds shall be made in lawful money of the United States of America. (e) Book-Entry Registration. Notwithstanding any other provision hereof, the Bonds shall be delivered only in book entry form registered in the name of Cede & Co., as nominee of DTC, acting as securities depository of the Bonds and principal of and interest on the Bonds shall be paid by wire transfer to DTC; provided, however, if at any time the Paying Agent determines, and notifies the City of its determination, that DTC is no longer able to act as, or is no longer satisfactorily performing its duties as, securities depository for the Bonds, the Paying Agent may, at its discretion, either (i) designate a substitute securities depository for DTC and reregister the Bonds as directed by such substitute securities depository; or (ii) terminate the book entry registration system and reregister the Bonds in the names of the beneficial owners thereof provided to it by DTC. Neither the City nor the Paying Agent shall have any Page 126 of 141 A-7 liability to DTC, Cede & Co., any substitute securities depository, any Person in whose name the Bonds are reregistered at the direction of any substitute securities depository, any beneficial owner of the Bonds or any other Person for (A) any determination made by the Paying Agent pursuant to the proviso at the end of the immediately preceding sentence or (B) any action taken to implement such determination and the procedures related thereto that is taken pursuant to any direction of or in reliance on any information provided by DTC, Cede & Co., any substitute securities depository or any Person in whose name the Bonds are reregistered. Section 4. Redemption of Bonds Prior to Maturity. (a) Optional Redemption. The Bonds shall be subject to redemption at the option of the City, in whole or in part, and if in part in such order of maturities as the City shall determine and by lot within a maturity on such dates as set forth in the Sale Certificate. The Council hereby delegates to the Sale Delegate the authority to determine the dates on which the Bonds shall be subject to optional redemption and the redemption price or prices at which such redemption may be made. (b) Mandatory Sinking Fund Redemption. All or any principal amount of the Bonds may be subject to mandatory sinking fund redemption by lot on the Principal Payment Date of the years and in the principal amounts specified in the Sale Certificate, at a redemption price equal to the principal amount thereof (with no redemption premium), plus accrued interest to the redemption date. The Council hereby delegates to the Sale Delegate the authority to determine the principal amounts and dates on which the Bonds shall be subject to mandatory sinking fund redemption. (c) Redemption Procedures. Notice of any redemption of Bonds shall be given by the Paying Agent in the name of the City by sending a copy of such notice by electronic means to DTC or its successors, or by first class, postage prepaid mail, not less than thirty days prior to the redemption date, to the Owner of each Bond being redeemed. Such notice shall specify the number or numbers of the Bonds so to be redeemed (if redemption shall be in part) and the redemption date. If any Bond shall have been duly called for redemption and if, on or before the redemption date, there shall have been deposited with the Paying Agent in accordance with this Ordinance funds sufficient to pay the redemption price of such Bond on the redemption date, then such Bond shall become due and payable at such redemption date, and from and after such date interest will cease to accrue thereon. Failure to deliver any redemption notice or any defect in any redemption notice shall not affect the validity of the proceeding for the redemption of Bonds with respect to which such failure or defect did not occur. Any Bond redeemed prior to its maturity by prior redemption or otherwise shall not be reissued and shall be cancelled. Section 5. Security for the Bonds. (a) General Obligations. The Bonds shall be general obligations of the City and the full faith and credit of the City are pledged for the punctual payment of the principal of and interest on the Bonds. The Bonds shall not constitute a debt or indebtedness of the County, the State or any political subdivision of the State other than the City. Page 127 of 141 A-8 (b) Levy of Ad Valorem Taxes. For the purpose of paying the principal of and interest on the Bonds when due, respectively, the Council shall annually determine and certify to the Board of County Commissioners of the County, a rate of levy for general ad valorem taxes, without limitation as to rate or amount, on all of the taxable property in the City, sufficient to pay the principal of and interest on the Bonds when due, respectively, whether at maturity or upon earlier redemption. (c) Application of Proceeds of Ad Valorem Taxes. The general ad valorem taxes levied pursuant to subsection (b) of this Section, when collected, shall be deposited in the Bond Account and shall be applied solely to the payment of the principal of and interest on the Bonds and for no other purpose until the Bonds, including principal and interest, are fully paid, satisfied and discharged. (d) Appropriation and Budgeting of Proceeds of Ad Valorem Taxes. Moneys received from the general ad valorem taxes levied pursuant to subsection (b) of this Section in an amount sufficient to pay the principal of and interest on the Bonds when due, respectively, are hereby appropriated for that purpose, and all amounts required to pay the principal of and interest on the Bonds due, respectively, in each year shall be included in the annual budget and appropriation ordinance to be adopted and passed by the Council for such year. (e) Use or Advance of Other Legally Available Moneys. Nothing herein shall be interpreted to prohibit or limit the ability of the City to use legally available moneys to pay all or any portion of the principal of or interest on the Bonds. If and to the extent such other legally available moneys are used to pay the principal of or interest on the Bonds, the City may, but shall not be required to, (i) reduce the amount of taxes levied for such purpose pursuant to subsection (b) of this Section or (ii) use proceeds of taxes levied pursuant to subsection (b) of this Section to reimburse the fund or account from which such other legally available moneys are withdrawn for the amount withdrawn from such fund or account to pay the principal of or interest on the Bonds. If the City selects alternative (ii) in the immediately preceding sentence, the taxes levied pursuant to subsection (b) of this Section shall include amounts sufficient to fund the reimbursement. (f) Certification to County Commissioners. It is hereby declared that, if the City does not otherwise determine and certify to the Board of County Commissioners of the County a rate of levy for general ad valorem property taxes as required by subsection (b) of this Section, the foregoing provisions of this Section shall constitute a certificate from the Council to the Board of County Commissioners of the County showing the aggregate amount of ad valorem taxes to be levied by the Board of County Commissioners of the County from time to time, as required by law, for the purpose of paying the principal of and interest on the Bonds when due. (g) Deposit of Moneys to Pay Bonds with, and Payment of Bonds by Paying Agent. No later than three Business Days immediately preceding each date on which a payment of principal of or interest on the Bonds is due, the City, from moneys in the Bond Account, shall deposit moneys with the Paying Agent in an amount sufficient to pay the principal of and interest on the Bonds due on such date. The Paying Agent shall use the moneys so deposited with it to pay the principal of and interest on the Bonds when due. Page 128 of 141 A-9 Section 6. Form of Bonds. The Bonds shall be in substantially the form set forth in Appendix A hereto with such changes thereto, not inconsistent herewith, as may be necessary or desirable and approved by the officials of the City executing the same (whose manual or facsimile signatures thereon shall constitute conclusive evidence of such approval). All covenants, statements, representations and agreements contained in the Bonds are hereby approved and adopted as the covenants, statements, representations and agreements of the City. Although attached as appendices for the convenience of the reader, Appendix A is an integral part of this Ordinance and are incorporated herein as if set forth in full in the body of this Ordinance. Section 7. Execution of Bonds. The Bonds shall be executed in the name and on behalf of the City with the manual or facsimile signature of the Mayor, shall bear a manual or facsimile of the seal of the City and shall be attested by the manual or facsimile signature of the City Clerk or Acting City Clerk, all of whom are hereby authorized and directed to prepare and execute the Bonds in accordance with the requirements hereof. Should any officer whose manual or facsimile signature appears on the Bonds cease to be such officer before delivery of any Bond, such manual or facsimile signature shall nevertheless be valid and sufficient for all purposes. When the Bonds have been duly executed, the officers of the City are authorized to, and shall, deliver the Bonds to the Paying Agent for authentication. No Bond shall be secured by or titled to the benefit of this Ordinance, or shall be valid or obligatory for any purpose, unless the certificate of authentication of the Paying Agent has been manually executed by an authorized signatory of the Paying Agent. The executed certificate of authentication of the Paying Agent upon any Bond shall be conclusive evidence, and the only competent evidence, that such Bond has been properly authenticated and delivered hereunder. Section 8. Registration of Bonds in Registration Books Maintained by Paying Agent. The Paying Agent shall maintain registration books in which the ownership, transfer and exchange of Bonds shall be recorded. The person in whose name any Bond shall be registered on such registration book shall be deemed to be the absolute owner thereof for all purposes, whether or not payment on any Bond shall be overdue, and neither the City nor the Paying Agent shall be affected by any notice or other information to the contrary. Section 9. Transfer and Exchange of Bonds. The Bonds may be transferred or exchanged at the principal office of the Paying Agent in the city identified in the definition of Paying Agent in the Section hereof titled “Definitions” or at such other office of the Paying Agent designated by the Paying Agent for such purpose for a like aggregate principal amount of Bonds of other authorized denominations of the same maturity and interest rate, upon payment by the transferee of a reasonable transfer fee established by the Paying Agent, together with any tax or governmental charge required to be paid with respect to such transfer or exchange and any cost of printing bonds in connection therewith. Upon surrender for transfer of any Bond, duly endorsed for transfer or accompanied by an assignment duly executed by the Owner or his or her attorney duly authorized in writing, the City shall execute and the Paying Agent shall authenticate and deliver in the name of the transferee a new Bond. Notwithstanding any other provision hereof, the Paying Agent shall not be required to transfer any Bond (i) which is scheduled to be redeemed in whole or in part between the Business Day immediately preceding the mailing of the notice of redemption and the redemption date or (ii) between the Record Date for any Interest Payment Date and such Interest Payment Date. Section 10. Replacement of Lost, Destroyed or Stolen Bonds. If any Bond shall become lost, apparently destroyed, stolen or wrongfully taken, it may be replaced in the form and tenor of the lost, destroyed, stolen or taken Bond and the City shall execute and the Paying Page 129 of 141 A-10 Agent shall authenticate and deliver a replacement Bond upon the Owner furnishing, to the satisfaction of the Paying Agent: (a) proof of ownership (which shall be shown by the registration books of the Paying Agent), (b) proof of loss, destruction or theft, (c) an indemnity to the City and the Paying Agent with respect to the Bond lost, destroyed or taken, and (d) payment of the cost of preparing and executing the new Bond. Section 11. Creation of Accounts; Initial Credits to Accounts. (a) Creation of Accounts. There is hereby established the Bond Account and the Project Account. The foregoing accounts shall be maintained by the City in accordance with the provisions of this Ordinance. (b) Initial Credits to Accounts. Upon payment to the City of the purchase price of the Bonds in accordance with the Bond Purchase Agreement, the Bonds shall be delivered to, or as directed by, the Underwriter and the proceeds received by the City from the sale of the Bonds shall be applied as a supplemental appropriation by the City, as follows: to the Bond Account, the accrued interest on the Bonds from the Dated Date thereof to the date of issuance, if any; and to the Project Account, the remaining proceeds of the Bonds. (c) Project Account. All moneys deposited in the Project Account shall be applied solely to the payment of the costs of the Project. Upon the determination of the City Manager that all costs of the Project have been paid or are determinable, any balance remaining in the Project Account (less any amounts necessary to pay the costs Project not then due and owing) shall be transferred to the Bond Account. Section 12. Investments. Proceeds of the Bonds delivered to the City pursuant to the Section hereof titled “Creation of Accounts; Initial Credits to Accounts,” moneys on deposit in the Bond Account and any moneys held by the Paying Agent with respect to the Bonds shall be invested in Permitted Investments, provided that the investment of such moneys shall be subject to any applicable restrictions set forth in the Tax Letter of Instructions and in the “Tax Compliance Certificate” or similar certificate delivered by the City in connection with the issuance of the Bonds that describes the City’s expectations regarding the use and investment of proceeds of the Bonds and other moneys and the use of the Project. Section 13. Various Findings, Determinations, Declarations and Covenants. The Council, having been fully informed of and having considered all the pertinent facts and circumstances, hereby finds, determines, declares and covenants with the Owners of the Bonds that: (a) voter approval of the Ballot Issue was duly obtained in accordance with all applicable provisions of law; (b) the negotiated sale of the Bonds to the Underwriter is to the best advantage to the City; (c) the issuance of the Bonds will not cause the City to exceed its debt limit under applicable Enabling Laws; (d) the DTC Blanket Letter of Representations previously entered into with DTC will govern the book entry registration system for the Bonds; and Page 130 of 141 A-11 (e) the issuance of the Bonds and all procedures undertaken incident thereto are in full compliance and conformity with all applicable requirements, provisions and limitations prescribed by the Enabling Laws, and all conditions and limitations of the Enabling Laws relating to the issuance of the Bonds have been satisfied. Section 14. Federal Income Tax Covenants. For purposes of ensuring that the interest on the Bonds is and remains excluded from gross income for federal income tax purposes, the City hereby covenants that: (a) Prohibited Actions. The City will not use or permit the use of any proceeds of the Bonds or any other funds of the City from whatever source derived, directly or indirectly, to acquire any securities or obligations and shall not take or permit to be taken any other action or actions, which would cause any Bond to be an “arbitrage bond” within the meaning of Section 148 of the Code, or would otherwise cause the interest on any Bond to be includible in gross income for federal income tax purposes. (b) Affirmative Actions. The City will at all times do and perform all acts permitted by law that are necessary in order to assure that interest paid by the City on the Bonds shall not be includible in gross income for federal income tax purposes under the Code or any other valid provision of law. In particular, but without limitation, the City represents, warrants and covenants to comply with the following rules unless it receives an opinion of Bond Counsel stating that such compliance is not necessary: (i) gross proceeds of the Bonds and the Project will not be used in a manner that will cause the Bonds to be considered “private activity bonds” within the meaning of the Code; (ii) the Bonds are not and will not become directly or indirectly “federally guaranteed”; and (iii) the City will timely file an Internal Revenue Service Form 8038-G with respect to the Bonds, which shall contain the information required to be filed pursuant to Section 149(e) of the Code. (c) Tax Letter of Instructions. The City will comply with the Tax Letter of Instructions delivered to it on the date of issuance of the Bonds, including but not limited by the provisions of the Tax Letter of Instructions regarding the application and investment of Bond proceeds, the use of the Project, the calculations, the deposits, the disbursements, the investments and the retention of records described in the Tax Letter of Instructions; provided that, in the event the Tax Letter of Instructions are superseded or amended by new Tax Letter of Instructions drafted by, and accompanied by an opinion of, Bond Counsel stating that the use of the new Tax Letter of Instructions will not cause the interest on the Bonds to become includible in gross income for federal income tax purposes, the City will thereafter comply with the new Tax Letter of Instructions. Section 15. Defeasance. Any Bond shall not be deemed to be Outstanding hereunder if it shall have been paid and cancelled or if Defeasance Securities shall have been deposited in trust for the payment thereof (whether upon or prior to the maturity of such Bond, but if such Bond is to be paid prior to maturity, the City shall have given the Paying Agent irrevocable directions to give notice of redemption as required by this Ordinance, or such notice shall have been given in accordance with this Ordinance). In computing the amount of the deposit described above, the City may include the maturing principal of and interest to be earned on the Defeasance Securities. If less than all the Bonds are to be defeased pursuant to this Section, the City, in its sole discretion, may select which of the Bonds shall be defeased. Page 131 of 141 A-12 Notwithstanding anything herein to the contrary, in the event that the Bond Insurance Policy is issued and principal and/or interest due on the Bonds is paid by the Bond Insurer pursuant to the Bond Insurance Policy, the Bonds shall remain Outstanding for all purposes, not be defeased or otherwise satisfied and not be considered paid by the City, and all covenants, agreements and other obligations of the City to the Owners shall continue to exist and shall run to the benefit of the Bond Insurer, and the Bond Insurer shall be subrogated to the rights of such Owners. Section 16. Events of Default. Each of the following events constitutes an Event of Default: (a) Nonpayment of Principal or Interest. Failure to make any payment of principal of or interest on the Bonds when due. (b) Breach or Nonperformance of Duties. Breach by the City of any material covenant set forth herein or failure by the City to perform any material duty imposed on it hereunder and continuation of such breach or failure for a period of sixty days after receipt by the City Attorney of written notice thereof from the Paying Agent or from the Owners of at least 10% of the aggregate amount of the Bond Obligation, provided that such sixty-day period shall be extended so long as the City has commenced and continues a good faith effort to remedy such breach or failure. (c) Bankruptcy or Receivership. An order of decree by a court of competent jurisdiction declaring the City bankrupt under federal bankruptcy law or appointing a receiver of all or any material portion of the City’s assets or revenues is entered with the consent or acquiescence of the City or is entered without the consent or acquiescence of the City but is not vacated, discharged or stayed within thirty days after it is entered. Section 17. Remedies for Events of Default. (a) Remedies. Upon the occurrence and continuance of any Event of Default, the Owners of not less than 25% of the aggregate amount of the Bond Obligation, including, without limitation, a trustee or trustees therefor may proceed against the City to protect and to enforce the rights of the any Owners under this Ordinance by mandamus, injunction or by other suit, action or special proceedings in equity or at law, in any court of competent jurisdiction: (i) for the payment of interest on any installment of principal of any Bond that was not paid when due at the interest rate borne by such Bond; (ii) for the specific performance of any covenant contained herein; (iii) to enjoin any act that may be unlawful or in violation of any right of any Owner of any Bond; (iv) for any other proper legal or equitable remedy; or (v) any combination of such remedies or as otherwise may be authorized by applicable law; provided, however, that acceleration of any amount not yet due on the Bonds according to their terms shall not be an available remedy. All such proceedings at law or in equity shall be instituted, had and maintained for the equal benefit of all Owners of Bonds then Outstanding. (b) Failure To Pursue Remedies Not a Release; Rights Cumulative. The failure of any Owner of any Outstanding Bond to proceed in accordance with subsection (a) of this Section shall not relieve the City of any liability for failure to perform or carry out its duties under this Ordinance. Each right or privilege of any such Owner (or trustee therefor) is in addition and is cumulative to any other right or privilege, Page 132 of 141 A-13 and the exercise of any right or privilege by or on behalf of any Owner shall not be deemed a waiver of any other right or privilege of such Owner. (c) Bond Insurer Third-Party Beneficiary; Right To Control Remedies. In the event that the Bond Insurance Policy is issued and to the extent that this Ordinance confers upon or gives or grants to the Bond Insurer any right, remedy or claim under or by reason of this Ordinance, the Bond Insurer is hereby explicitly recognized as being a third party beneficiary hereunder and may enforce any such right, remedy or claim conferred, given or granted hereunder. Upon the occurrence and continuance of an Event of Default, so long as it is not in default of its obligations under the Bond Insurance Policy, the Bond Insurer shall be entitled to control and direct the enforcement of all rights and remedies granted to the Owners under this Ordinance and pursuant to State law. Section 18. Amendment of Ordinance. (a) Amendments Permitted Without Notice to or Consent of Owners. The City may, without the consent of or notice to the Owners of the Bonds, adopt one or more ordinances amending or supplementing this Ordinance (which ordinances shall thereafter become a part hereof) for any one or more or all of the following purposes: (i) to cure any ambiguity or to cure, correct or supplement any defect or inconsistent provision of this Ordinance; (ii) to subject to this Ordinance or pledge to the payment of the Bonds additional revenues, properties or collateral; (iii) to institute or terminate a book entry registration system for the Bonds or to facilitate the designation of a substitute securities depository with respect to such a system; (iv) to maintain the then existing or to secure a higher rating of the Bonds by any nationally recognized securities rating agency; or (v) to make any other change that does not materially adversely affect the Owners of the Bonds. (b) Amendments Requiring Notice to and Consent of Owners. Except for amendments permitted by subsection (a) of this Section, this Ordinance may only be amended (i) by a ordinance of the City amending or supplementing this Ordinance (which, after the consents required therefor, shall become a part hereof); and (ii) with the written consent of the Owners of at least 66-2/3% of the Bond Obligation; provided that any amendment that makes any of the following changes with respect to any Bond shall not be effective without the written consent of the Owner of such Bond: (A) a change in the maturity of such Bond; (B) a reduction of the interest rate on such Bond; (C) a change in the terms of redemption of such Bond; (D) a delay in the payment of principal of or interest on such Bond; (E) a reduction of the Bond Obligation the consent of the Owners of which is required for an amendment to this Ordinance; or (F) the establishment of a priority or preference for the payment of any amount due with respect to any other Bond over such Bond. Page 133 of 141 A-14 (c) Procedure for Notifying and Obtaining Consent of Owners. Whenever the consent of an Owner or Owners of Bonds is required under subsection (b) of this Section, the City shall mail a notice to such Owner or Owners at their addresses as set forth in the registration books maintained by the Paying Agent and to the Underwriter, which notice shall briefly describe the proposed amendment and state that a copy of the amendment is on file in the office of the City for inspection. Any consent of any Owner of any Bond obtained with respect to an amendment shall be in writing and shall be final and not subject to withdrawal, rescission or modification for a period of sixty days after it is delivered to the City unless another time period is stated for such purpose in the notice mailed pursuant to this subsection. (d) Consent of the Bond Insurer in Addition to Consent of Owners. In the event that the Bond Insurance Policy is issued, the Bond Insurer’s consent shall be required in addition to the consent of Owners, when required, for the following purposes: (i) execution and delivery of any supplemental Ordinance or any amendment, supplement or change to or modification of this Ordinance; (ii) removal of the Paying Agent and selection and appointment of a successor; and (iii) initiation or approval of any action not described in clause (i) or (ii) above which requires the consent of Owners. Section 19. Appointment and Duties of Paying Agent. The Paying Agent identified in the Section hereof titled “Definitions” is hereby appointed as paying agent, registrar and authenticating agent for the Bonds unless and until the City removes it as such and appoints a successor Paying Agent, in which event such successor shall automatically succeed to the duties of the Paying Agent hereunder and its predecessor shall immediately turn over all its records regarding the Bonds to such successor. The Paying Agent shall agree to perform all duties and to take all actions assigned to it hereunder in accordance with the terms hereof. Section 20. Approval of Related Documents. The Council hereby ratifies and approves the distribution and use in connection with the offering of the Bonds of the Preliminary Official Statement relating to the Bonds; authorizes and directs the preparation of, and authorizes and directs the execution by the Mayor of an Official Statement for use in connection with the sale of the Bonds in substantially the form of the Preliminary Official Statement, with such changes therein, if any, not inconsistent herewith, as are approved by the Mayor (whose signature thereon shall constitute conclusive evidence of such approval); and for a period of one hundred eighty days following the adoption of this Ordinance, the Sale Delegate is authorized to execute the Commitment, if any, the Sale Certificate and the Bond Purchase Agreement. The appropriate officers and officials of the City are hereby authorized and directed to execute an undertaking to facilitate compliance with Securities and Exchange Commission Rule 15c2-12 (17 C.F.R. § 240.15c2-12), the Paying Agent Agreement, a “Tax Compliance Certificate” or similar certificate describing the City’s expectations regarding the use and investment of proceeds of the Bonds and other moneys and the use of the Project, an Internal Revenue Service Form 8038-G with respect to the Bonds and all other documents and certificates necessary or desirable to effectuate the issuance or administration of the Bonds, the investment of proceeds of the Bonds and the transactions contemplated hereby. Section 21. Bond Insurance Determination. The Council hereby delegates to the Sale Delegate the authority to determine whether or not the Bonds will be secured by the Bond Insurance Policy and the terms of any agreement with the Bond Insurer if a Commitment is accepted regarding the Bonds. Such determination shall be made by the Sale Delegate on a basis of whether or not an interest cost savings can be realized by the City through the issuance Page 134 of 141 A-15 of the Bond Insurance Policy when compared to the premium to be paid to the Bond Insurer for the issuance of the Bond Insurance Policy. Section 22. Events Occurring on Days That Are Not Business Days. Except as otherwise specifically provided herein with respect to a particular payment, event or action, if any payment to be made hereunder or any event or action to occur hereunder which, but for this Section, is to be made or is to occur on a day that is not a Business Day, such payment, event or action shall instead be made or occur on the next succeeding day that is a Business Day with the same effect as if it was made or occurred on the date on which it was originally scheduled to be made or occur. Section 23. Supplemental Public Securities Act. (a) Application of Act. Pursuant to Section 11-57-204, C.R.S., the City hereby elects to apply all of the provisions of the Supplemental Act to the issuance of the Bonds. (b) Limitation of Actions. In accordance with Section 11-57-212, C.R.S., no legal or equitable action can be brought with respect to any legislative acts or proceedings in connection with the authorization or issuance of the Bonds more than thirty days after the date of adoption of this Ordinance. (c) Recourse against Officers and Agents. Pursuant to Section 11-57- 209, C.R.S., if a member of the Council, or any officer or agent of the City acts in good faith, no civil recourse shall be available against such member, officer, or agent for payment of the principal of or interest on the Bonds. Such recourse shall not be available either directly or indirectly through the Council or the City, or otherwise, whether by virtue of any constitution, statute, rule of law, enforcement of penalty, or otherwise. By the acceptance of the Bonds and as a part of the consideration of their sale or purchase, any person purchasing or selling the Bonds specifically waives any such recourse. Section 24. Ordinance is Contract with Owners of Bonds and Irrepealable. After the Bonds have been issued, this Ordinance shall be and remain a contract between the City and the Owners of the Bonds and shall be and remain irrepealable until all amounts due with respect to the Bonds shall be fully paid, satisfied and discharged and all other obligations of the City with respect to the Bonds shall have been satisfied in the manner provided herein. Section 25. Headings. The headings to the various sections and subsections to this Ordinance have been inserted solely for the convenience of the reader, are not a part of this Ordinance and shall not be used in any manner to interpret this Ordinance. Section 26. Severability. It is hereby expressly declared that all provisions hereof and their application are intended to be and are severable. In order to implement such intent, if any provision hereof or the application thereof is determined by a court or administrative body to be invalid or unenforceable, in whole or in part, such determination shall not affect, impair or invalidate any other provision hereof or the application of the provision in question to any other situation; and if any provision hereof or the application thereof is determined by a court or administrative body to be valid or enforceable only if its application is limited, its application shall be limited as required to most fully implement its purpose. Page 135 of 141 A-16 Section 27. Repeal of Inconsistent Ordinances, Resolutions, Bylaws, Rules and Orders. All ordinances, resolutions, bylaws, rules and orders, or parts thereof, that are inconsistent with or in conflict with this Ordinance, are hereby repealed to the extent of such inconsistency or conflict. Section 28. Ratification of Prior Actions. All actions heretofore taken (not inconsistent with the provisions of this Ordinance or the Enabling Laws) by the Council or by the officers and employees of the City directed toward the issuance of the Bonds for the purposes herein set forth are hereby ratified, approved and confirmed. Section 29. Effective Date. This Ordinance shall become effective thirty days after publication following final passage. Introduced, read in full, and passed on first reading on the 17th day of April, 2017. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 20th day of April, 2017. Published as a Bill for an Ordinance on the City’s official website beginning on the 19th day of April, 2017 for thirty (30) days. Read by Title and passed on final reading on the 1st day of May, 2017. Published by Title in the City’s official newspaper as Ordinance No. ___, Series of 2017, on the 4th day of May, 2017. Published by title on the City’s official website beginning on the 3rd day of May, 2017 for thirty (30) days. This Ordinance shall take effect thirty (30) days after publication following final passage. Joe Jefferson, Mayor ATTEST: Stephanie Carlile, Acting City Clerk I, Stephanie Carlile, Acting City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by Title as Ordinance No. ___, Series of 2017. Stephanie Carlile Page 136 of 141 A-17 APPENDIX A FORM OF BOND UNITED STATES OF AMERICA STATE OF COLORADO CITY OF ENGLEWOOD, COLORADO GENERAL OBLIGATION BOND SERIES 2017 No. R __ $__________ Interest Rate Maturity Date Original Dated Date CUSIP _____% 293065___ REGISTERED OWNER: Cede & Co. Tax Identification Number: 13-2555119 PRINCIPAL SUM: **DOLLARS** The City of Englewood, Colorado, a duly organized and validly existing home-rule municipality of the State of Colorado, for value received, hereby promises to pay to the order of the registered owner named above, or registered assigns, the principal sum stated above on the maturity date stated above, with interest on such principal sum from the original dated date stated above at the interest rate per annum stated above (calculated based on a 360-day year of twelve 30-day months), payable on _________ and _________ of each year, commencing _________. Capitalized terms used but not defined in this bond shall have the meaning assigned to them in the Ordinance of the City authorizing the issuance of the Bonds. The principal of and interest on this bond is payable to the registered owner hereof upon presentation and surrender of this bond at the principal operations office of UMB Bank, n.a., as paying agent, in Denver, Colorado, or at such other office of the Paying Agent designated by the Paying Agent for such purpose. Interest on this bond is payable by check or draft of the Paying Agent mailed on the Interest Payment Date to the registered owner hereof as of the [fifteenth day of the month immediately preceding] [first day of] the month (whether or not such day is a Business Day) in which the Interest Payment Date occurs; provided that, interest payable to the registered owner of this bond may be paid by any other means agreed to by such registered owner and the Paying Agent that does not require the City to make moneys available to the Paying Agent earlier than otherwise required under the Ordinance or increase the costs borne by the City under the Ordinance; provided further, that, so long as Cede & Co. is the registered owner of this bond, the principal of and interest on this bond shall be paid by wire transfer to Cede & Co. Any payment of principal of or interest on this bond that is due on a day that is not a Business Day shall be made on the next succeeding day that is a Business Day with the same effect as if made on the day on which it was originally scheduled to be made. All payments of principal of and interest on this bond shall be made in lawful money of the United States of America. Page 137 of 141 A-18 This bond is part of an issue of general obligation bonds of the City designated the City of Englewood, Colorado, General Obligation Bonds, Series 2017, issued in the principal amount of $_________ (the “Bonds”). The Bonds have been issued pursuant to, under the authority of, and in full conformity with, the Charter, the Constitution and the laws of the State, including, in particular, Part 2 of Article 57 of Title 11, Colorado Revised Statutes (collectively, the “Supplemental Act”); pursuant to authorization by a majority of the registered electors of the City voting in an election duly called and held on November 8, 2016; and pursuant to a ordinance adopted by the City Council of the City. THE ORDINANCE CONSTITUTES THE CONTRACT BETWEEN THE REGISTERED OWNER OF THIS BOND AND THE CITY. THIS BOND IS ONLY EVIDENCE OF SUCH CONTRACT AND, AS SUCH, IS SUBJECT IN ALL RESPECTS TO THE TERMS OF THE ORDINANCE, WHICH SUPERSEDES ANY INCONSISTENT STATEMENT IN THIS BOND. The Bonds have been issued by the City for the purpose of providing funds for the Project described in the Ordinance. The Bonds are general obligations of the City and the full faith and credit of the City are pledged for the punctual payment of the principal of and interest on the Bonds. For the purpose of paying the principal of and interest on the Bonds when due, respectively, the Council in the Ordinance has covenanted annually, to the extent legally available moneys are not otherwise applied, to determine and certify to the Board of County Commissioners of Arapahoe County, a rate of levy for general ad valorem taxes on all of the taxable property in the City, without limit as to the mill rate to generate an amount sufficient in each year to pay the principal of and interest on the Bonds when due, respectively. [The redemption provisions from Section 4 of the Ordinance and the Sale Certificate shall be set forth herein.] Notice of any redemption of Bonds shall be given by the Paying Agent in the name of the City by sending a copy of such notice by electronic means to DTC or its successors, or by first class, postage prepaid mail, not less than thirty days prior to the redemption date, to the Owner of each Bond being redeemed. Such notice shall specify the number or numbers of the Bonds so to be redeemed (if redemption shall be in part) and the redemption date. If any Bond shall have been duly called for redemption and if, on or before the redemption date, there shall have been deposited with the Paying Agent in accordance with the Ordinance funds sufficient to pay the redemption price of such Bond on the redemption date, then such Bond shall become due and payable at such redemption date, and from and after such date interest will cease to accrue thereon. Failure to deliver any redemption notice or any defect in any redemption notice shall not affect the validity of the proceeding for the redemption of Bonds with respect to which such failure or defect did not occur. Any Bond redeemed prior to its maturity by prior redemption or otherwise shall not be reissued and shall be cancelled. The Paying Agent shall maintain registration books in which the ownership, transfer and exchange of Bonds shall be recorded. The person in whose name this bond shall be registered on such registration books shall be deemed to be the absolute owner hereof for all purposes, whether or not payment on this bond shall be overdue, and neither the City nor the Paying Agent shall be affected by any notice or other information to the contrary. This bond may be transferred or exchanged at the principal office of the Paying Agent in Denver, Colorado, or at such other office of the Paying Agent designated by the Paying Agent for such purpose for a like aggregate principal amount of Bonds of other authorized denominations ($5,000 or any integral multiple thereof) of the same maturity and interest rate, upon payment by the transferee of a reasonable transfer fee established by the Paying Agent, Page 138 of 141 A-19 together with any tax or governmental charge required to be paid with respect to such transfer or exchange and any cost of printing bonds in connection therewith. Upon surrender for transfer of any Bond duly endorsed for transfer or accompanied by an assignment duly executed by the Owner or his or her attorney duly authorized in writing, the City shall execute and the Paying Agent shall authenticate and deliver in the name of the transferee a new Bond. Notwithstanding any other provision of the Ordinance, the Paying Agent shall not be required to transfer any Bond (a) which is scheduled to be redeemed in whole or in part between the Business Day immediately preceding the mailing of the notice of redemption and the redemption date; or (b) between the Record Date for any Interest Payment Date and such Interest Payment Date. The Ordinance may be amended or supplemented from time to time with or without the consent of the registered owners of the Bonds as provided in the Ordinance. It is hereby certified that all conditions, acts and things required by the Charter, the Constitution and laws of the State, including the Supplemental Act, and the ordinances of the City, to exist, to happen and to be performed, precedent to and in the issuance of this bond, exist, have happened and have been performed, and that neither this bond nor the other bonds of the issue of which this bond is a part exceed any limitations prescribed by the Enabling Laws or the ordinances of the City. This bond shall not be entitled to any benefit under the Ordinance, or become valid or obligatory for any purpose, until the Paying Agent shall have signed the certificate of authentication hereon. IN WITNESS WHEREOF, the City Council of the City has caused this bond to be executed with the signature of its Mayor and attested by the signature of its Acting City Clerk, and has caused the seal of the City to be impressed or imprinted hereon, all as of the date set forth below. [CITY SEAL] THE CITY OF ENGLEWOOD By Mayor Attest: By Stephanie Carlile, Acting City Clerk CERTIFICATE OF AUTHENTICATION This bond is one of the bonds of the issue described in the within mentioned Ordinance. Dated: Page 139 of 141 A-20 UMB BANK, N.A., as Paying Agent By Authorized Signatory STATEMENT OF INSURANCE [Statement of bond insurance required by the Commitment, if any.] APPROVING LEGAL OPINION Set forth below is a true copy of the approving legal opinion of Kutak Rock LLP, delivered on the date on which the Bonds were originally issued: [The form of legal opinion of Bond Counsel shall be set forth here.] I, the undersigned Acting City Clerk of the City of Englewood, Colorado, do hereby certify that the foregoing approving opinion of Kutak Rock LLP, Denver, Colorado, is a true and complete copy of a manually executed and dated copy thereof on file in the official records of the City. By Stephanie Carlile, Acting City Clerk ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sells, assigns and transfers unto (Please print or typewrite name and address of Transferee) (Tax Identification or Social Security No.) the within bond and all rights thereunder, and hereby irrevocably constitutes and appoints ____________________ attorney to transfer the within bond on the books kept for registration thereof, with full power of substitution in the premises. Dated: Page 140 of 141 A-21 NOTICE: The signature to this assignment must correspond with the name as it appears upon the face of the within bond in every particular, without alteration or enlargement or any change whatever. Signature Guaranteed: Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm having a membership in one of the major stock exchanges. TRANSFER FEE MAY BE REQUIRED Page 141 of 141