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Home My WebLink About1983-09-06 (Regular) Meeting Agenda...... • • .. CITY COUNCIL MEETING -REGULAR September 6, 1983 0 • • • 0 0 / "f I -</ • 47, 4f, 9 e :JI1 ~ _/5, .. ¥-6, ~ 4'?' • • 7:30 P .M. • • • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL SEPTEMBER 6, 1983 ~~- Call to ~~r. invocation by Pastor Cliftd Sampier, Cherry Hills Full Gospel Center, 4860 South Clarkson Street, pledge of allegiance by Boy Scout Troops #115 and #154. and roll call. (. r --.L,t..- 1. Minutes. lPJ Offry .. D 2. (a) Minutes of the regular meeting of August 15, 1983. (Copies enclosed.) Pre-Scheduled Visitors. (Please limit your pre- sentation to 10 minutes.) (a) Mr. Paul Gunby, 4881 South Cherokee Street, will b pres nt to receive a commendR t ion for meritorious action. (b) Mrs. June Hawkins, 4830 South Pearl Street, will be pr nt cone rning neighborhood problems. ojiz;i s nclos d.) lim your presentation ;) -lj. ..f ') 1al-<.,., r (I rra..r V... tJ_ "V 1../J 4-l.. 0 Public H • I • -• • • Page 2 September 6, 1983 Agenda 5. 6. 7. Communications -No Action Recommended. (a) Minutes of the Parks and Recreation Commission meeting of June 9, 1983. (Copies enclosed.) (b) Minutes of the Board of Adjustment and Appeals meeting of July 1 3, 1983. (Copies enclosed.) (c) Minutes of the Downtown Development Authority meeting of August 3, 1983. (Copies enclosed.) Communications -Action Recommended. (a) Letter from Mr. Milton Senti concerning his resignation from the Planning and Zoning Commission. (Copies enclosed.) (b) Council Communication from the Water and Sewer Board concerning the Mountain State Telephone and Telegraph Company License Agreement. , City Attorney. Ordinances on Final Reading. (b) (c) (d) Ordinance approving a collective bargaining agreement by and between the City of Englewood, Colorado, and the Englewood Fire Fighters Association, effective January 1, 1984 through December 31, 1985. (Copies enclosed.) Ordinanc approving an agreement with Cherry Hills Fire Protection District providing for mutual/automatic aid for fir protection for both entities. (Copies enclo ed.) Ordinanc approving an greement with R gional Tr nsportation District. (Copies encloe d.) • I . • • • Page 3 September 6, 1983 Agenda 7. City Attorney (Continued). Bills for Ordinances. (e) Bill approving a contract between the City of Aurora and the City of Englewood providing for the Englewood Public Library to have bibli- ographical access to the Aurora Public Library Circulation Control System. (Bill and Council Communication enclosed.) I (f) ~~'· ~ (g) Bill adding Section 22.4E to the Comprehensive Zoning Ordinance of 1963, as amended, regulating the conversion of apartments to condominiums. (Copies enclosed.) Bill amending Sections 5-26-3(1), (4), and (5), 5 -26-5 (8 ) and Section 5-15-38, paragraphs 3 and 4, of the Englewood Municipal Code, 1969, 1 concerning outside employment and reemployment provi s i ons of the Administrative Procedures. (C op ie s e nc l osed.) Resolution . (h ) Reso l ution setting forth the interest rates on t he General Obliga ion Bonds of the City, dat e d Oc tober 1 , 1983, in the principal amount of $4,6 0 0 ,000. (Copies enclosed.) _ ~fJ..HL~~ ~ 8. {L • (b) (c (c) Council Co unlcation nding th Six-Quart r Budg t nd approprla in& $50,000 for th South Platt Riv r Gr nway. (Copies encloa d.) unicatlon from th City Mana er cone a p n111 n nt 111 nt for th South Pla r L prov (CopL a ncloa d.) • I • • • • • Page 4 September 6, 1983 Agenda R. City Manager (Continued). (e) Council Communication from the City Manager concerning the 1984 proposed Budget/General Revenue Sharing Funds. (Copies enclosed.) Manager's Choice. 9. General Discussion. (a) Mayor's Choice.- (b) Council Member's 10. Adjournment. 1,#if.~L AM/sb • • • • • • Moved Seconded Ayes Nay Absent Abstain Higday Neal Fltzoatrick Weist Bi lo Bradshaw Otis • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Absta in RTQcsay 1./ Neal '-- Fl tzoatrick v- Weist v Bi lo v- Bradshaw ....... Otis v /.~c»f • • I • • • • • • • ' . ROLL CALL Moved Seconded Ay~s Nay Absent Abstain HiC!aa-v I Neal I v Fl tzpatrick I Weist Bi lo --Bradshaw Otis ' ;~ I • • • • • • ROLL CALL Moved Seconded en Ayes Nay Abs t Ab sta1n Hi(Jday Neal Fl tzpatrick Weist Bi lo Bradshaw Otis Jh(J" OA ~~ {Of;i D 1 tuJ! h ~J "-J{ ~?.,f.~ ~~ali-- • • • • • • • ROLL CALL Moved Seconded Ayes Nay Ab sent Abstain ~igdav Neal Fltzoatrick Weist Bi lo Bradshaw Otis b . u.J- I! t.l ) \LJ>o._.Y ,,...( ~A.-,rr ~~ (. 1.._ ~ # l2 ~ ~-uu.. ,L•--- • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlgday Neal Fl tzoatrick Weist Bi lo Bradshaw Otis • I • • • • • ROLL CALL Moved Secon de d A yes Na y Absent Ab stain ..----HiC!OaY Neal Fi tzoa t rick Wei st Bi lo v Bradshaw Otis ~------------------------- • • • L t ( • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hiqday -Neal -Fitzpatrick -Weist Bllo Bradshaw - Otis - I • • , • - Moved c9. ROLL CALL Secon de d HI )day Neal Fl tzoatrick Wei s t Bi lo Bradshaw Oti s 0 r l...ul ~ J() ~a.. ~i ru .. L (-()LC 0 • • • Ay es Na Ab y sent Abs t ain • • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abst · a1n Higday Neal Fltzoatrick Weist Bi lo Bradshaw Otis • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain " Higday I V"'"" Neal I .....-Fl tzoatrick I Weist 7 Bi lo I Bradshaw I Otis \ ' I • • I • • • ROLL CALL Moved Seconded Ayes Nay Ab sent Abstain Hiaday Neal Fl tzoat rick Wei st Bi lo Bradshaw Otis )h Oul\.. '-rtJ-b-4 ~~ /> ~~ ~~5~ ---u.) I 6 0---} ~ ~ cf1 __R IV u ~(_[ J ~ w w 'L t {1._ 1/l--,, v11 J-l (G;L ·-Lt._, z 1 41. • !) .:¥ tj<'< .:£ 0 u-u.ILDU"k.J <i - < lJ .,_,(. "1 ~ / J!Uu~ ' / t~~ ~ < lLtJ -Kn) {LJJ-._(_.-[ i:} t "lt~ .A.-tV t t . ..( ,.,. - L I • , • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Higday Neal Fltzoatrick Weist Bi lo Bradshaw Otis ~d ~Ld-wzf'LU2d-,. ~~L</)JJ _A-l~L-' • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Higday L--Neal '-Fi tzoatrick Weist Bi lo Bradshaw Otis • I • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain ...!!~~ Neal Fi t~atrick Weist ~ilo ~':""':"": Bradshaw Otis • I • • • -• • ROLL CALL Moved Seconded AY.es Nay Absent Abstain '" Higday \ Neal \ Fl tzoatrick I Weist I Bi lo 7 Bradshaw I Otis IT ~ I • • • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlctdav Neal Fitzpatrick Weist ......---Bi lo ~ Bradshaw Otis • • • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Higday \ ....-Neal I -Fl tzpatrick I Weist I Bi lo I Bradshaw I Otis I \ I • • • • • - • • ROLL CALL M d s d d A N Ab Ab ove econ e ~~s ay sent sta1n -v Higday I Neal 1 Fitzoatrick I Weist I ,._.-Bi lo Bradshaw l Otis \ .... 6 (L . • • • • • • ROLL CALL Moved Seconded Ayes Nay Absent ,, Abstain ...........-Higday \ Neal I Fltzoatrick 1 Weist I ..........-Bi lo 7 Bradshaw Otis 1 I • • • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain '"' J!~iiY ......--Neal 1 Fl tz_patrick Weist 1 _!""" Bi lo I Bradshaw j Otis \ \ I • • • • - • • ROLL CALL Moved Seconded Aye N s ay Absent Abstain Hiqday Neal Fltzoatrick J.-Weist ,_,_ Bi lo Bradshaw Otis 'ide·,.' ..__.(_ 1'-ra~ uu {l. 1... .A.'( ' ..,-1-l 1-{ L J-('.J. u ... "' lu .' 11 t.llf L / .( )) \.~ '\. G Lc ~0 f.," ... Jt){ <!J'...:J (;,_I) ) ' L . (1 ()) Lt • 1 - (). t} t.J Lf"u . -Ll t lu ~ J { 1 Q ( ,_ L f..N.J • • - • - ROLL CALL Moved Seconded Ayes Na y Absent Abstain ~ Higday -v Neal -Fitzoatric k -Weist -Bi lo -Bradshaw -Otis - • • • ROLL CALL Moved Seconded A"'s Nay Absent Abstain Higday Neal _V Fitzpatrick Weist I 1.....-Bi lo I Bradshaw I Otis , \_ I • • • • • • ROLL CALL Moved Seconded Ay~ Nay Absent Abstain 1/ Higday 1 Neal I Fl tzoatrick I Weist 7 Bi lo y Bradshaw Otis C fy#~1 I • • • • • - ROLL CALL Moved Seconded Ayes Nay Absent Abstain " ~ay Neal I v Fi tzoatrick Weist I Bi lo I £...--Bradshaw I Otis \ I • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain ,_. _!!~ay "" Neal Fitzpatrick Weist _!!_i lo Bradshaw Otis !}, (1) / fJ n ~ e ~0 -L./v.'? /l /l( ild; '(J ;t Cl l 0 . l # • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain ... Hlgday \ Neal I Fltzoatrick I Wei s t 7 ...... Bi to I v-Bradshaw 7 Otis \ • • • • - ROLL CALL Moved Seconded Ayes Nay Absent Abstain :....,. Higday ' Neal I Fl tzoatrick 7 Weist I Bi lo 7 Bradshaw r Otis \ '- • Moved 1--- 4-lt'J- LI LJ fl _.., ......... ...v-..~ 1n ,u, ROLL CALL Seconded Higdav Neal Fl tzoatrick Weist Bi lo 1--Bradshaw Otis C (3 -tJ 3 -- • • - Ayes Nay Absent Ab s tain I • - • .. • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Higday \ Neal I Fi tzoat rick I Weist I Bllo I Bradshaw r Otis \ "" • • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain lflciOav Neal --Fl tzoatrick Weist -Bi lo Bradshaw Otis )2 1/ • • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain 1--Hlgday Neal Fltzoatrick Weist Bi lo ,_... Bradshaw Otis I • • • • - • • ROLL CALL M d eve Seconded Ayes Nay Absent Abstain '"' Higday \ y Neal 1 ~ Fitzpatrick I Weist I Bi lo _L Bradshaw I Otis l '- 0 --- • • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain ....,. Hiqdav Neal I Fitzoatrick I Weist 7 Bi lo ll Bradshaw \ Otis '\ • • • - • - ROLL CALL Moved Seconded Ayes Nay Ab sent Abstain H rooay Neal Fl tznatrlck Weist Bi lo Bradshaw Otis 1~ (',1r»-ofl. t 1-J ft {!./Y)l ') )1) L~ c-/k..u"-' Oa , C!_h ->lj -{/-S~ $ O ft;Q, C•lL Q).u.Jc. ...u!JJ ~~ -p- -q2 j-tw ,~._U..J <-W/ 1-al v eft tu.< · zit )-{t . , .( -t t1.~\) 'L & ~~~ t~; • • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Higday Neal v--Fitzoatrick Weist Bi lo I' Bradshaw Otis ~I- • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Higday t-Neal Fitzpatrick Weist Bi lo v Bradshaw Otis 4~rtM ~<--~<If <:...U "} ~ <r .) - v./ '.:f-t' JID /). uL ~ ~pt fa ?. .. ., _.(,,(j J 6Cf. t 1 {l<) d ci~cJ J' I I / t .-.t. I . • • - • • . , ROLL CALL Moved Seconded Ayes " Nay Absent Abstain Hiqday Neal Fitzpatrick Weist I Bi lo Bradshaw Otis I • • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlgday Neal Fitzpatrick Weist Bi to Bradshaw Otis • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Higday Neal Fl tzoatri ck Weist Bi to Bradshaw Otis • • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain .........-Higday 1 Neal I Fl tzoatrick I Weist I Bi lo _...--Bradshaw I Otis \ " • • • - • .. - ROLL CALL Moved Seconded Ay~ Nay Absent Abstain Higday I Neal 7 ·""' Fitzpatrick I Weist I Bi lo 1/ v Bradshaw II Otis 1\ "'- • • • • - • • Mo ved Seconded sta1n Ayes Nay Absent Ab · Hiqdav Neal Fitzoatrick Weist Bi lo Bradshaw Otis )l7 ~ (IU-ZJ! chJ<_ ~ cfl~ ~c;==--,u1,:;J ·.a-b 'f --thu0 '-#J, <k-.d~ -c_t Cw £n 1 u'..,auJ~~ ) )1 ' c.~ zl:, /)l (t {-.) 1 . c..z '(' f( "<"J . 1\l/J...('t.J .. J- 0-U :t O I ~i J • • • • • • • • COUNCIL CHAMBERS City of Englewood, Colorado August 15, 1983 I~ REGULAR MEETING: The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session at 7:30 p.m. on August 15, 1983. Mayor Otis, presiding, called the meeting to order. The invocation was given by Pastor Steve Manning, Open Bible Christian Center, 46 70 South Kalamath Street. The pledge of allegiance was led by Boy Scout Troop 19 2 . Mayor Otis asked for roll call. Upon a c all of the roll, the following were presen t: Council Memb ers Higday, Nea l , Fitzpatrick, We ist, Silo, Bradshaw, Otis . Absen t: None. The Mayor declared a quorum present . * * * * * * * Also present were: Acting City Manager Vargas City Attorney DeWitt Fire Chief Broman Director of Community Development Deputy City Clerk OWen * * * * * * * Powers COUNCIL MEMBER BRADSHAW MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF AUGUST 1, 1983. Council M mber Bilo seconded the motion. Upon a call of th roll, the vo e r aulted as follows: Ay s: Council M mbera Neal, 1tzpatrlck, w Ia , Bllo, Brad haw, 0 la. N ys: Non e. Abstain: Council M mb r Hlgday. Th Mayor clar d he mo ion carrl d. • * * * • * * • • August 15, 1983 Page 2 • • • Robert Serns and Joan Mason were present representing South Suburban Park Foundation and Urban Edges for the South Platte River Greenway South Suburban connection from Bates to Hampden Avenue. Mr. Serns presented slides showing the improvements that have been made along the river in the last few years. Mr. Serns stated the Gates Foundation has pledged a total of $125,000 for this project contingent on additional funding from municipalities along the river. Mr. Serns solicited funding from the City Council to match the $25,000 portion from the Gates Foundation for the project connecting Bates to Little Dry Creek. Council thanked Mr. Serns and Ms. Mason for their presentation and that Council could take the request under advisement at the budget retreat. * • * * * * * Steve Bell, Hanifen, Imhoff, Inc. was present. Mr. Bell pre- sented the results of the bond bids for the community center general obligation bonds. Mr. Bell stated the best bidder was United Bank with the net interest rate o f 9.5 746\, and re c ommend e d the award be given to United Bank. COUNCIL MEMBER FITZPATRICK MOVED TO BRING FORWARD AGENDA ITEMS 7F AND 7G -ITEMS RELATING TO THE BID AWARD. Co unci l Member Bradshaw seconded the motion. Upon a c a l l of the ro ll , the vote resulted as follows: Ay es: Na ys : Co un cil Memb e rs Higd a y, Neal , Fitzpatri c k, Weis t, Bil o , Brad s h a w, Otis . None . Th M y or d clar d the motio n carrl d . Mr . B 11 no d the appropria e places in bo h docum nts we r e th e a ward o bid o United Bank was to be inserted. BY AUTHORITY ORDI o. COU NCIL ILL o. 4 7 S RI 1983 l TR ODUCtD BY CO UN CIL EMBER HlGD AY A ILL OR AN ORDI NANC TO CONTRACT AN IND HAL 0 T H CIT Y 0 ENGL - WOOD , COLO ADO, A D U ON TH CR I SUI G G RA t 0 LIG A- TIO 80 D 0 TH CITY I TH p $4 , 00 ,000, 0 T H • • August 15, 1983 Page 3 • • .. PURPOSE OF ACQUIRING LAND AND CONSTRUCTING AND EQUIPPING A COMMUNITY CENTER AND RELATED APPURTENANCES FOR THE CITY AND ITS INHABITANTS; PRESCRIBING THE FORM OF SAID BONDS AND PROVIDING FOR THE LEVY OF TAXES TO PAY THE BONDS AND THE INTEREST THEREON, AND PROVIDING OTHER DETAILS IN CONNECTION THEREWITH. COUNCIL MEMBER FITZPATRICK MOVED TO PASS COUNCIL BILL NO. 47, SERIES OF 1982, WITH THE PROPER INSERTIONS, ON FIRST READING. Council Member Neal seconded the motion. Upon a cal l of the roll , the vote resulted as follows: Ayes: Nays: Council Members Higday, Nea l, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. Th e Mayor declared the motion carried. RE SOLUTION NO. 41 SERIES OF 1983 A RESOLUTION AWARDING THE BID FOR THE ENGLE WOOD COMMUNITY CENTER. COU NCIL MEMBER FITZPATRICK MOVED TO PASS RESOLUTION NO. 41, SERIES OF 1983, WITH THE PROPER INSERTIONS . Council Member Neal seconded the motion. Upon a call of the roll, the vote resulted as follo ws: Ayes: Nays: Council Memb rs Higday, Nea l , Fi zpatrick, We is , Bilo, Bradshaw, Otis. on • Th May or declared he o ion car ried • • • • • • • • Henry Burgwyn, Brady ~velo sub itted to Council h Redevelop. n nt Corporation , was pre ented and Proposal. COUNCIL WARD THE PLAN TO pa rick seconded aa follows: Ayest Nays: MEMB R BRADSHAW MOVED TO RECEIVE TH PROPOSAL AND OR- THE UR A RE EWAL AUTHORITY. Council M mber itz- he motion. Upon a call of the roll, the vo e result d Council M mb rs Hlgday, Neal, 1 zpatrick, Weia , Bilo, Bradshaw, 0 is. None. • I • - ( August 15, 1983 Page 4 • • • The Mayor declared the motion carried • • • • • • • • Mayor Otis asked if there were any other visitors at this time. Jan Caniglia came forward and noted the report given out earlier in the day to Mayor Otis concerning the Task Force's comments on the Redevelopment Proposal • • • • • • • • COUNCIL MEMBER FITZPATRICK MOVED TO OPEN THE PUBLIC HEARING TO CONSIDER THE ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF $4,500,000 INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR SAFEWAY, INCORPORATED. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. Nays: None. The Mayor declared the motion carried. Russ Norfleet, real estate agent, came forward and reviewed the site plan for the new Safe way. Mr. Norfleet noted the allowance for improvements to Little Dry Creek and the change in landscaping as re- quested previously by Council. Dennis Jon s, Vice President of George K. Baum & Company and investment advisor to Safeway in the matter, came forward. Mr. Jones noted the advan ages to his development was increased employment, in- creased wages, increased r al state, p rsonal property, and sales taxes, and that Safeway p ople have agreed to an easement dedication for flood improvemen s. Mayor 0 is as ed for com en s. G orge Winder ca for ward. al revenue bonds w re h ndltd In eel how the ltuatlon came about. Mr. Winder asked how the industri- ionship o the Ci y; and furth c City Attorney De i t expl in d th City was the vehicle for tax free bond for private indus ry . Me. DeWitt noted there was no d b service obliga ion on behalf o he City . Mr. Wind er hen d scussed s ing up a res arch and d velopm n learning ctn tr for cl iz na on he down own r development. • I • - ( • August 15, 1983 Page 5 • • • Council Member Neal suggested to Mr. Winder that his idea on a learning center be presented at the 1984 budget hearing which would be the appropriate time. COUNCIL MEMBER FITZPATRICK MOVED TO CLOSE THE PUBLIC HEARING. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, We i st, Bilo, Bradshaw, Otis. None. The Mayor de cl ared the motion carried. ORDINANCE NO. 4 1 SERIES OF 1983 BY AUTHORITY COUNCIL BILL NO. 44 INTRODUCED BY COUNCIL MEMBER NEAL AN ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF $4,500,000 CITY OF ENGLEWOOD, COLORADO, INDUSTRIAL DEVELOPMENT REVENUE BONDS (SAFEWAY STORES, INCORPORATED PROJECT ) SERIES 1983, TO FINANCE PROPERTY SUITABLE FOR USE FOR COMMERCIAL OR BUSINESS ENTERPRISES; RATIFYING CERTAIN ACTIONS HERETOFORE TAKEN; AUTHORIZ I NG THE EXECUTION AND DELIVERY BY THE CITY OF A LOAN AGREEMENT, INDENTURE OF TRUST, BOND PURCHASE AGREEMENT INDUCEMENT LETTER, FINAL OFFICIAL STATEMENT, SAID BONDS AND CLOSING DOCUMENTS IN CONNECTION HEREWITH. COUNCIL MEMBER NEAL MOVED TO PASS COUN C IL BILL NO. 44, SERIES OF 1983, ON FIRST READING. Coun ci l Member Bilo s e co nded the mot i on. Upon a c al l of the rol l , t h e v ote res u lted a s follow s : Ay es : Nays: Council Members Higda y, N al , F it zpa tr ic k, Weist , Bilo, Bradsha w, Otis. None. The Mayor declar d he mo ion carri d. RESOLUTIO N NO. 42 SE RIES OF 1983 A RE SOLUTIO N AUT HORIZING TH SALE 0 TH CITY 'S I NDUST RI AL DE V LOPM ENT REVENU BO NDS (SA EWAY STOR S , I NCORPO RA TED P ROJ CT ) S ER I ES 1 98 3 1 PR E- SC RIBI NG C RTAIN D TAIL CONC RNI NG SAID BO NDS; RATI FY I NG TH E ORM OP TH E I NDENTURE 0 TRUST, TH LOAN AGREE MENT , TH I NDUCE MENT LE TTE R, TH E • I • • August 15, 1983 Page 6 • • • FINAL OFFICIAL STATEM ENT AND THE BOND PUCHASE AGREEMENT TO BE EXECUTED IN CONNECTION THEREWITH AND OTHER MATTERS; AND PROVIDING THE EFFECTIVE DATE OF THIS RESOLUTION. COUNCIL MEMBER BRADSHAW MOVED TO PASS RESOLUTION NO. 42, SERIES OF 1983. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Weist, Bile, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * * •communicat ions -No Action Recommended• on the agenda were : (a) Minutes of the Urban Renewal Author ity meetings of June 1, a nd 22 , 1983 . (b) Minutes of the Plan~ing and Zoning Commission meeting of July 19, 1983 . (c) (d) (e) Minutes of the Do wnto wn Management Committee meeting of July 21 , 1983. Minutes of the Engle wood Public Library Advisory Board meeting of August 9, 1 983. Mun icipal Court 's Quarterly Activity R port . COUNCIL MEMBER NEAL MOVED TO ACCEPT •cO MMUNICATION S -NO ACTION RECOMMENDED• AGENDA ITEMS S(A) -5( ). Council M ber Bradshaw seconded the motion. Upon a call of he roll, he vote resul ed as follows: Ayes: Nays: Council Me bers Hlgd y, N al, Pltzpa rick, w ia , Bllo, Bradshaw, 0 ls. Non • Th Mayor d clared th otlon carried. * * * * * • • Ac lng Cl y M nag r er V1rgas pr a n ed a Council Co• un1- eat1on froe he Planning and Zoning Co •laslon • tng o August 2 , 19 3 concerning condo lntu conv raton or lnance. • - ( August 15, 1983 Page 7 • • • COUNCIL MEMBER BRADSHAW MOVED TO DIRECT THE CITY ATTORNEY TO PREPARE AN ORDINANCE ON THE PROPOSED ADDITION TO THE COMPREHENSIVE ZONING ORDINANCE AND NOTE THE CHANGES ADDRESSED AT THE PLANNING AND ZONING COMMISSION MEETING OF AUGUST 2, 1983. Council Member Fitzpatrick sec- onded the motion. Upon a call of the roll, the vote resulted as fol- lows: Ayes: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. Nays: None. The Mayor declared the motion carried. * * * * * * * Acting City Manager Vargas presented a Council Communication from the Planning and Zoning Commission meeting of August 2, 1983 con- cerning municipal trash collection. The Commission recommended initi- ating a feasibility study of a municipa l trash collection service and the conversion of the trash to power to be used by municipal facili- ties. Council Member Bradsh a w noted studies were available from other sources on this topic. Ms. Bradshaw suggested looking into the matter in 1984. COUNCIL MEMBER BRAD SHAW MOVED TO RECEIVE THE COMMUNICATION. Council Member Fitzpatri c k seco nded t h e mot io n. Upon a call of the roll, the vote resulted a s fo llows : Aye s: Co un cil M mb r s Hi gday, Ne a l, Fitzpatrick, We is , Bilo , Br d s haw, Ot is . Nay s : None. The Mayor d clar d h motion carried . • • * • • • * Ac ing City anager Varga s pre s nt d a Council Co munlcatlon fro• th ire Chief concerning th 0 nver Regional Council of Govern•ents gran appllca ion. lr Chief roa n d a le r o au por grant application o pp ared b or Council. Chief Broma n re- roa Council for a haz rdous ma erial• pro- w 1 n o DRCOC. • • - ( August 15, 1983 Page 8 • • • COUNCIL MEMBER HIGDAY MOVED TO AUTHORIZE A LETTER OF SUPPORT ON BEHALF OF THE GRANT APPLICATION. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. ORDINANCE NO. 42 SERIES OF 1983 * * * * BY AUTHORITY * * * COUNCIL BILL NO. 43 INTRODUCED BY COUNCIL MEMBER FITZPATRICK AN ORDINANCE APPROVING A COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN CITY OF ENGLEWOOD, COLORADO , AND ENGLEWOOD POLICE BENEFIT ASSOCIATION, EFFECTIVE JANUARY 1, 1984 THROUGH DECEMBER 31 , 1985. COUNCIL MEMBER FITZPATRICK MOVED TO PASS COUNCIL BILL NO. 43, SERIES OF 1983, ON FINAL READING. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. The May or declared he motion carried. ORDINANCE NO •. --- SERI S OF 1983 * * • * BY AUTHORITY A BILL FOR * * * COUNCIL BILL NO. 42 INTRODUCED BY COU NCIL M MBER NEAL AN ORDI AN C APPROVING A COLLECTIVE BARGAINING AGR EM NT BY AND BETW EN CITY 0 ENGL WOO D, COLORADO, AND NGLEWOOD FIREFIGHTER ASSOCIATION, !FFECTIV J ANAURY l , 1984 THROUGH DECEMBER 31 , 1985. • I • • - ( August 15, 1983 Page 9 • • • COUNCIL MEMBER NEAL MOVED TO PASS COUNCIL BILL NO. 42, SERIES OF 1983, ON FIRST READING. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * * BY AUTHORITY ORDINANCE NO. SERIES OF 1983 COUNCIL BILL NO. 30 INTRODUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE APPROVING AN AGREEMENT WITH CHERRY HILLS FIRE PROTECTION DISTRICT PROVIDING FOR MUTUAL /AUTOMATIC AID FOR FIRE PROTECTION FOR BOTH ENTITIES. COUNCIL MEMBER BRADSNAW MOVES TO PAS S COUNCIL BILL NO. 30, SERIES OF 1983, ON FIRST READING. Council Member Higday seconded the motion. Council Member Neal disagreed with the map. Council Member Higday opposed sending a fire truck into Cherry Hills based on the tr a ment given to Englewood by Ch rry Hills in the past. ORDI ANC S RI S 0 Upon a call of the roll, the vote r sulted as follo ws: Ayes: N ys: Council M mbers W is , ilo, Bradshaw, 0 is. Council M m era Hi9d y, N al, Fi zpatrick. Th Mayor declared the mo ion carried. * * * * BY AUTHORITY o. 1983 * * • * COUNCIL ILL 0. 4 INT ODUC 0 BY COUNCIL !f 8 BILO I • • August 15, 1983 Page 10 .. A BILL FOR • • • AN ORDINANCE ENACTING DESIGN GUIDELINE CRITERIA ENTITLED •DESIGN GUID ELINES FOR THE SOUTH BROADWAY INCENTIVE AREA• ADDING SECTION 22. 4C TO THE CITY OF ENGELWOOD COMPREHENSIVE ZONING ORDINANCE (ORDINANCE NO. 26, SERIES OF 1963, AS AMENDED) AND DECLARING AN EMERGENCY. hearing. City Attorney DeWitt noted the council bill called for a public COUNCIL MEMBER BILO MOVED TO PASS COUNCIL BILL NO. 46, SERIES OF 1983, ON FIRST READING, AND TO CALL A PUBLIC HEARING FOR SEPTEMBER 6, 1983. Council Member Fitzpatri ck seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Memb ers Higday, Neal, Fitzpatri ck , We ist , Silo, Bradsha w, Otis. None. The Mayor declared the motion carried • ORDINANCE NO. SERIES OF 1983 • • • • BY AUTHORITY A BILL FOR • • • COU NCIL BILL NO. 45 INTRODUCED BY COUNCIL MEMBER FITZPATRICK AN ORDINANCE APPROVING AN AGREEMENT WITH REGIONAL TRANSPORTATION DIS-TRICT. COUNCIL MEM BER FITZPATRICK MOVED TO PASS COU CIL BILL NO. 45, S£RI S 0 1983, ON FIRST READING. Council M Mber Bllo seconded he mo ion. Upon a c 11 of he roll, h vote resulted • follo ws: Ay Counc 11 Members Hiqdey, al , Fitzpatrick , w 1 , Silo, Bradshaw, 0 1 . Nays: Non The Mayor declared he 1110 ion carrl d. • • • • • • • • August 15, 1983 Page 11 RESOLUTION NO. 43 SERIES OF 1983 • • • A RESOLUTION TRANSFERRING TO ARAPAHOE COUNTY, COLORADO, THE ALLOCATION OF THE CITY OF ENGELWOOD, COLORADO, UNDER SECTION 29-4-803 AND SECTION 29-4805 OF COLORADO REVISED STATUTES 1973, AS AMENDED, TO FINANCE MORT- GAGE LOANS TO PROVIDE MORE ADEQUATE RESIDENTIAL HOUSING FACILITIES FOR LOW AND MIDDLE INCOME FAMILIES AND PERSONS WITHIN THE COUNTY, INCLUDING THE CITY WHICH IS LOCATED WITHIN THE COUNTY, AND ELSEWHERE WITHIN THE STATE OF COLORADO; AND AUTHORIZING THE EXECUTION AND DELIVERY BY THE CITY OF AN ALLOCATION TRANSFER AGREEMENT. COUNCIL MEMBER BRADSHAW MOVED TO PASS RESOLUTION NO. 43, SERIES OF 1983. Council Member Fitzpatrick seconded the motion. Council Member Weist asked how people knew the funds were available. Acting City Manager Vargas stated the availability was published in the •Englewood Citizen• and via other news media. , Council Member W ist asked Mr. Vargas to provide a report on the transfer of funds to Me sa County previously transa c ted. Upon a call of the roll , the vote resulted as follows : Ayes: Council Members Higday, Neal, Fitzpatrick, Wei st , Bilo, Bradshaw, Otis. Nays : None . Th May o r declar d th motion c rried. • COU NCIL MEMB ING SEPTEM8 R 7, l the •otlon. Upon • * * * • • ITZPATRIC MOV 0 TO PASS A PROCLAMATION DECL AR- AC DAY•. Council M mb r Bradshaw seconded h roll, h vote resulted as follo ws: Ayea: Council 1ft ra Hlgday, Neal, Fl zpa r lck, h , Bllo, Brad aha , o is . ays: on . Th M yor dechr d h 110 ion earrl d. * * * * • • • • - August 15, 1983 Page 12 • • • COUNCIL MEMBER FITZPATRICK MOVED TO PASS A PROCLAMATION DECLAR- ING THE MONTH OF AUGUST AS •MULTIPLE SCLEROSIS MONTH•. Council Member Neal seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. Nays: None. The Mayor declared the motion carried . * * * * * * * City Attorney DeWitt transm i tted the order reversing and remand i ng to the Englewood Muni c ipal Judge the case concerning disclosure of certain do c uments. The order was i ssued by the District Court Judge Fr i edman. * * * * * * * Cit y Atror ne y DeW itt stated h e wa s pr e par ing t h e agreement wi th Aurora c oncern i ng b iogr a ph ical comp u t e r i n fo rm ation . * * * * * * * Ci ty Attorney De Witt stated he wa s p r eparing the cl osing pape rs f o r commun i ty c n te r l an d acquisitio n in a nticipation of closi ng Septem -b e r 9th or 1 6 th . * * * * * * * City At t o r n y D Witt introduced Donald Styes • da ughte r wh o wa s in t h e audience . Mr. De Witt recalled Mr . S yes suffered a heart at t ac k. Mr. Styes• daughter thanked Council on behalf of Mr. Styes for the flowers and card. * * * * • * * Acting Ci y an ger Varg a preaen ed he six-quarter budget for the p riod of July, 1983 through Dace bar, 1984. RESOLUTIO NO. 44 SERIES OP 1983 A R SOLUTION ND I G TH PU LIC IMPROVEM NT FU D. I • • - August 15, 1983 Page 13 • • • COUNCIL MEMBER BRADSHAW MOVED TO PASS RESOLUTION NO. 44, SERIES OF 1983. Council Member Fitzpatrick seconded the motion. COUNCIL MEMBER NEAL MOVED TO CREATE PROJECT f31 IN THE PUBLIC IMPROVEMENT FUND BUDGET DRAWING FROM UNAPPROPRIATED RESERVE $50,000 FOR THE SOUTH SUBURBAN GREENWAY PROJECT. Council Member Bilo seconded the motion. Council Members Fitzpatrick and Bilo preferred delaying action on this matter until the following week when more financial information is known. Upon call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Weist, Bradshaw, Otis. Council Member Fi tzpatrick, Bilo. The Mayor declared the motion carried . Upon a call of the roll, the vote o n passage of Resolution No. 44, Series of 1983, resulted as follows: ,t,yes: Council Member s Higday, Neal, Weist, Bradshaw, Otis. Nays: Council Member s F i tzpatr ic k, Bilo. The Mayor de c lared the mot i on c arr ied. Counci l M mber Bi lo desc r i bed the abov e as acting in haste and expressed disapproval. * * * * * * • ,t,cting City M nager Vargas explained th genda item cone rning a r e olution appropri ting monies in he General rund (JI NCO L ase/Pu r - cha e -'greement) wa determined a the staff level not to b necessary. COU NCIL ME MBER FITZP,t,TRICK OVED TO TA LE TH£ RESOLUTIO I NDE-FI NITELY . Motion died for lack of a a cond . * • • Council M mber Hi day apo aid o Cherry Hilla. • • • • in oppoal ion o o ering auto•a ic I • • August 15, 1983 Page 14 * * * * • • • * * * COUNCIL MEMBER BRADSHAW MOVED TO DIRECT THE CITY ATTORNEY TO PREPARE THE APPROPRIATE DOCUMENTS AS RECOMMENDED BY THE TRUSTEES OF THE PARKS AND RECREATION FOUNDATION TRUST FUND TO PAY $100 TO URBAN EDGES FROM A GRANT MADE BY THE PITON FOUNDATION; AND TO APPROVE THE DESIGNATED PURCHASE FOR THE GOLF COURSE IN THE AMOUNT OF $200 WHICH WAS DONATED BY MR. AND MRS. CARLBERG. Council Member Neal seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. Nays: None. The Mayor declared the motion carried. * * * * * * * Council Member Bradshaw discussed the Parks and Re c reation Commission recommendation to offer a sports program for 7th and 8th grade students. Council Member Bilo asked Acting City Manager Vargas to set up a meeting with the School-City Joint Committee next week on August 23rd or 24th early in the morning to discuss the sports program. * * * * * * * Council Members Neal and Bradshaw indicated they wou l d like to see negotiations between the Parks and Re c reation Commis s i o n and the Englewood Soccer Association turning over the soccer program to the Englewood Soc c er Asso ci a t ion. * * * * * * * Th re w a no furth r business discuss d. COU NCIL MEMBER PITZPATRICK MOV D TO ADJOU RN . Mayor Otis adjourn d the meeting with out a vote at 9:23 p.m. • • • - TO: FROM: DATE: SUBJECT: • • • Mayor Otis and Member of the City Council Peter H. Vargas, Assistant City Manager(~ August 31, 1983 Petition for Street Light by June B. Hawkins Attached for your review is a petition signed by the residents of the 4800 block of South Pearl Street requesting the instal-lation of a street light. As City Council is aware, the 4800 block of South Pearl Street is the site of the Duncan Center and Park and due to the fact that Chenango Avenue does not go through at this point it creates an elongated two block area. Current City practice is to place a street light at each intersection. As the attached map illustrates, this practice has been adhered to at this particular intersection. How ver, due to the alignment of South Pearl at this location, th atreet light on Chenango Avenue ia set back to almost mid-block. This creates a considerable distanc b tween str t lights. The park area does have two 9500 lumen light• by the tr a and the playground area, but th illumination from thea lights does not go beyond the play round area. Th interaection is a larg on and ther ia a plac at the aouthw at corn r of th park wher an additional light could b inatall d. Th coat to inatall the li h would b approxi- mately $600. The monthly f for 9500 lum n 11ghta that ar into the r aid nt1al areaa ia $6.66 p r onth on the r t • PHV /ab • . . • • • TO: Leon Kuhn DATE: August 9, 1983 FROM: Concerned Citizens of Englewood SUBJECT: Light in 4800 Block of South Pearl Thank you for taking the time to call and talk about having a light installed in the 4800 block of South Pearl. A number of persons have indicated they would be greatly interested in getting this light. As you have stated, the monthly cost for operation of the light would run approximately $8.00. We all feel it would be money well spent on a dark street. · 7'6/-/77 -; (f.S'OV !f-f60 S.,. ~ 1. c£r,~ !.Lh 4-8' /0 2. '$'P..t:> So &..c./ 3 . ~tJ~. 4. 4-! fi.O 6 . ~ f :5o (. LJ.86o 8 . 22. 9. 23. ?o 10. 24. l . 25. 12. 6. 1 • 27 • • ) I • • • •' • t .... ,._, ' ,_ ... I . • ORDINANCE NO. ~ 3 SERIES OF 1983 • • • BY AUTHORITY COUNCIL BILL NO. 46 INTRODUCED BY COUNCIL MEMBEH SILO AN ORDINANCE ENACTING DESIGN GUIDELINE CRIT~RIA ENTITLED "DE SIGN GUIDELINES FOR THE SOUTH BROADWAY INCENTIVE AREA" ADDING SECTION 22 .4C TO THE CITY OF ENGLE WOOD COMPREHENSIVE ZONING ORDINANCE (ORDINANCE NO. 26 , SERIES OF 1963 , AS AMENDED) AND DECLARING AN EMERGENCY . WHER~AS, the goal of the Comprehensive Plan of the City of Englewood adopted by Council Resolution 49, Series of 1979 , was to revitalize the South Broadway retail area; and WHEREAS, a proposal for design guidelines implements the goal by giving standards for the renovation of front and rear facades of structures along South Broadway; and WHEREAS, it is necessary to provide guidelines to architects, engineers , and owners in developing their property; and WHEREAS, the proposed guidelines reestablishes and unifies building facades and would remove unnecessary visual clutter, improve the quality of the ped strian experience, reestablish and encourage upper level office and residential uses, upgrade the appearance of the rear of buildings, and improve service access; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. There is h r by add d to the Engl wood Comprehens1 ve Zoning Ordinanc (Ordin nc No. 26, Seri s of 1963, as amended) Section 22 .4C to r ad as follows: SECTION 22 .4 C TH 0 DE TO E COU AG D~SlG GUID~LINES FOR THE SOUTH BROADWAY INCENTIVE AREA. l I • • • .. DEVELOPMENT AND REDEVELOPMENT THROUGH ARCHITECTURAL COMPATIBILITY TO PROVIDE BETTER INSIGHT INTO THE DESIGN ASPECTS OF EXISTING BUILDINGS AND THE POTENTIAL OF PROPERTIES ALONG SOUTH BROADWAY. TO THIS END, CRITERIA BY WHICH INDIVIDUAL PROPERTIES CAN BE REDEVELOPED OR RESTORED ARE HEREIN SET FORTH: (1) REESTABLISH AND UNIFY THE BUILDING FACADE CHARACTER THROUGH EMPHASIS ON ORIGINAL CONSTRUCTION MATERIALS AND STRUCTURAL MODULES . (2) REMOVE UNNECESSARY VISUAL CLUTTER FROM THE BUILDINGS NOT CONSISTENT WITH THE ORIGINAL CONSTRUCTION. (3) IMPROVE THE QUALITY OF THE PEDESTRIAN EXPERIENCE ALONG BROADWAY. (4) REESTABLISH UPPER LEVEL OFFICE AND RESIDENTIAL USES. (5) FACILITATE PEDESTRIAN ACCESS TO BROADWAY FROM PARKING AREAS. (6) UPGRADE THE APPEARAN CE OF HEAR OF BUILDING S . (7) IMPROVE SERVICE ACCESS ALONG REAR OF BUILDINGS. b. ADMINISTRATION. THE REVIEW OF THE PLANS SHALL BE THE RESPONSIBILITY OF THE DIRECTOR OF COMMUNITY DEVELOPMENT OR HER DESIGNEE FOR CO NFORMANCE WITH THESE REGULATIONS. NO BUILDING PERMIT SHALL BE ISSUED FOR THE RECONSTRUCTION OF THE EXTERIOR OF ANY BUILDING UNLESS THE I MPROVEMENT CONFORMS WITH THESE GUIDELINES. c . FACADE/DESIGN CRITERIA . (1) GENERAL FACADE ZO NE S . (a) WINDOW SILL ZONE - 2 FEET TO 3 FEE T 6 INCHES FR OM GROU ND LE VE L . (b) DISPLAY ZO -WI DO A EA BET W IRST LOO C ILl G LEVEL. WINDO SILL AND (c) SIGNAGE ZO E - R M IRST FLOO CElLI G TO S CO D LOOR WINOO SILL LEV L. (d) UPP R LOO CO MM FLOOR WINDO W SILL ( ) ARCHIT CTU TO TOP 0 zo 2 -S CONO G. LOO CElLI G • • -• • • (2) DESIGN CRITERIA FOR UPGRADING AND RESTORING EXISTING FRONT FACADES. (a) FACADE EXTERIOR (b) (C) 1. THE RENOVATION OF EXISTING FACADES SHALL RESPECT THE RELATIONSHIP OF FIRST FLOOR STORE FRONTS AND UPPER STORIES AND SHALL BE CONSISTENT WITH THE ORIGINAL ARCHITECTURAL CHARACTER. 2. THE REMOVAL OR ALTERATION OF ANY HISTORICAL OR DISTINCTIVE ARCHITECTURAL DETAILING SHALL BE AVOIDED. RECOMMENDED BUILDING MATERIALS: a. PERMITTED CLADDING SHALL BE BRICK, STUCCO OR OTHER MASONRY MATERIAL. b. PERMITTED WINDOW CASINGS: WOOD, BRONZE OR BLACK ANODIZED ALUMINUM, PAINTED OR BAKED ENAMEL STEEL. c. PERMITTED TRIM: WOOD, STUCCO, STAMPED METAL OR BRICK. 3 . BUILDING CLADDING COLORS SHALL BE EARTH COLORS. 4. BUILDING TRIM COLORS SHALL COMPLEMENT THE COL ORS OF ADJACENT BUILDINGS. 5. GLASS AREAS: a. FIRST FL OO R -MAXIMUM 60 VERT I CAL SURFA CE. b. SECO ND FL OO R -MAXIMUM 40 VERTI CAL S URFA CE . c. TH IRD FL OOR AN D AB OVE -UNRE ST RI CTED. HEIG HT AND SCALE . L Ttl H lG HT D SCAL 0 BUILDI NGS S HOULD RELAT TO TH A CHIT CTUR£ AN D CAL£ 0 ADJ AC N'r UILDI GS . 2 . ov ALL H IG HT IS LI MIT D TO OUR STOR! S MAXI MUM. SET ACI< • I • • -• • - 1. MANDATORY 0 FOOT SETBACK WHEREVER POSSIBLE. 2. ON BUILDINGS TWO STORES AND ABOVE, A 12 FOOT FIRST FLOOR SETBACK FOR WEATHER PROTECTION IS ENCOURAGED. (d) ARCHITECTURAL PROJECTIONS INTO RIGHT OF WAY. 1. UNLESS OTHERWISE PERMITTED, NO NEW METAL CANOPIES, ROOF OVERHANGS, OR OTHER PERMANENT ARCHITECTURAL ELEMENTS MAY PROJECT INTO THE RIGHT OF WAY. CANVAS AWNINGS ARE ENCOURAGED. 2. NO STRUCTURAL ELEMENT MAY PROJECT INTO RIGHT OF WAY. (e) SIGNAGE. 1. IN ADDITION TO THE ENGLEWOOD SIGN REQUIREMENTS SPECIFIED IN SECTION 22.7 OF THE COMPREHENSIVE ZONING ORDIN ANCE, THE FOLLOWING REQUIREMENTS SHALL ALSO APPLY TO THE SOUTH BROADWAY INCENTIVE AREA. IN THE EVENT THAT THESE REQUIREMENTS AND THOSE OF THE MORE GENERAL SIGN CODE REQUIREMENTS CONFLICT , THI.-: MORE S'fRINGENT REGULATIONS SHALL APPLY. a. WALL SIGNS SH ALL ONLY BE LOCATED IN THE SIGN ZONE. b. PROJt:CTING SIGNS SHALL ONLY BE LOCA'rED IN THE SIGN ZONE AND SHALL BE NO LARGER THAN 12 S UARE FEET PER FACE AND 24 S UARE FEET TOTAL. c . SIG NS PAINTED ON WINDOWS SHALL BE PERMITTED IN WINDOWS ABOVE 'fHE IRST FLOOR AND SHALL IDENTIF Y THE BUSINESS LOCATED ON THE PREMISES 0 LY. d. I. XIGLA , SIC S SHALL ALLY ILLUMI AT£0 0 BACKLIT OHI t•r 0. (f) A GS. 1. 0 TYPt: 0 SHALL B U 0: I OlVIDUAL S TO HOP D b. COV I G UlLDI G • • • • d. • • • FRONTAGE. 2. AWNINGS SHALL BE ATTACHED BELOW T HE SIGN ZONE. 3. AWNINGS ARE PERMIT'rED OVER WINDOWS ON UPPER FLOORS. 4. MAXIMUM DEPTH OF AWNINGS SHALL BE 8 FEET. 5 . COLOR SCHEME Of AWNINGS SHALL COMPLEMENT THE COLORS OF THE BUILDING . (g) MECHANICAL EQUIPMENT. 1. MECHANICAL EQUIPMENT PROJECTING FROM FACADE INTO THE RIGHT OF WAY SHALL NOT BE ALLOWED . 2. ALL ROOFTOP MECHANICAL EQUIPMENT SHALL BE SCREENED WITH SOME TYPE OF ARCHITECTURAL ELEMENT WHICH IS CONSISTENT WITH THE ORIGINAL FACADE OF THE BUILDING. (3) UPGRADING AND RESTORING FACADES OF REAR OF BUILDINGS. (a) REAR FACADES SHALL BE COORDINATED WITH COLOR OF FRONT FACADE T HROUGH PAINTING WITH A LIMITED PALETTE OF EARTH TONE COLORS. (b) ALL PAVING AT REAR OF BUILDINGS SHALL BE ASPHALT EXCEPT AT PASS THROUGHS WHERE SPECIAL PAVING SUCH AS BRICK , TILE OR BLOCK PATTERN SHALL SE USED. (c) CONSOLIDATE AND SCREEN ALL SERVICE AREAS (TRASH, ETC.) WITH 0 CO MBUSTIBL MATERIAL. (a) ( ) (c) ABOVE CRITERIA , ADDITIONAL STA DA OS NE WAY LIN 0 S AND WALK DATORY AT PROP RTY LI • • • • • • (d) FIRST FLOOR SETBACK OF 12 FEET IS ENCOURAGED FOR WEATHER PROTECTION. IF NO SETBACK, A CANVAS AWNING IS ENCOURAGED. (e) MASONRY FACADE ON RIGHT OF WAY MUST CONSTITUTE 40% OR MORE OF BUILDING SURFACE UNLESS A WALK THROUGH IS DESIGNED THROUGH OR WITHIN A BUILDING IN WHICH CASE THE MASONRY FACADE ON THE RIGHT OF WAY MUST BE AT LEAST 25%. (f) BUILDING FACADE WIDTH SHALL CONFORM TO EXISTING TYPICAL LOT WIDTH (25) FEET AND THE SAME F'ACADE TREATMENT CANNOT EXCEED 3 LOTS PER BUILDING (75) FEET. (g) BUILDING HEIGHT SHALL NOT EXCEED 4 FLOORS. FOURTH FLOOR MUST BE SE'r BACK 12 FEET FROM RIGHT OF WAY. (h) BASEMENT ACCESS MUST OCCUR OUTSIDE THE RIGHT OF WAY. Section 2. This Ordinance shall be enacted as an emergency ordinance due to the need to comply with the terms of a grant received by the City of Englewood. Section 3. Public hearing is hereby called for the 6th day of September, 1983 at the hour of 7:30 P.M. to have public comment on this Ordinance. Introduced, read in full, and passed on first reading on the 15th day of August, 1983 Published as a Bill for an Ordinance on the 17th day of August, 1983 . R ad by title and passed on final reading on the 6th day of Sept mber, 1983. the Published by title as Ordinance No. _______ , Series of 1983, on day of September, 1983. Att t: Eugen L. Otla , May or ex olllclo City Clerk-Treasurer I • • • • I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and complete copy of the Ordinance passed on final reading and published by title as Ordinance No. , Series of 1983. Gary R. H1gbee 7 , • • -• • • BY AUTHORITY ORDINANCE NO . -1.;3 SERIES OF 1983 COUNCIL BILL NO. 46 INTRODUCED BY COUNCIL MEMBEH SILO AN ORDINANCE EN ACTING DESIGN GUIDELINE CRITERIA ENTITLED "DESIGN GUIDELINES FOR THE SOUTH BROADWAY INCENTIVE AREA" ADDING SECTION 22 .4C TO THE CITY OF ENGLEWOOD COMPREHENSIVE ZONING ORDINAN CE (ORDINANCE NO . 26 , SERIES OF 1963 , AS AMENDED) AND DECLARING AN EMERGENCY. WHEREAS, the goal of the Com prehen si ve Plan of the City of Englewood adopted by Council Resolution 49, Series of 1979 , was to revita lize the So uth Broadway ret ail area; and WHEREA S , a proposal for design guidel ines implements the goal by giving st andards for the renovation of front and rear facades of structures along South Broad way; and WHEREAS, it is necessary to provide guidelines to architects , eng ineers , and o wn ers in developing their property; and WHEREAS, the proposed guidelines reestablishes and unifies bu ilding facades and would remove unnecessary visual clutter, improv th quality of the pedestrian experienc , reestablish and encourage upper level office and residential uses, upgrade the appearance of the rear of buildings , and improve se rvice access; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COU NCIL OF THE CITY OF ENGLE WOOD, COLORADO , AS FOLLOWS: Section 1. There is h reby dded to the Engl wood Compr h ns1ve Zoning Ordin nc (Ordin nc No. 26 , S rie of 1 63, a m nd d) S ction 22 .4 C to re d as follows: SECTIO 22 .4 C DESIGN GUIDELINES FOR THE SOUTH &ROADWAY INCENTIVE AREA. l w • • -• • • ---~-- DEVELOPMENT AND REDEVELOPMENT THROUGH ARCHI'l'ECTURAL COMPATIBILITY TO PROVIDE BETTER INSIGHT INTO THE DESIGN ASPECTS OF EXISTING BUILDINGS AND THE POTENTIAL OF PROPERTIES ALONG SOUTH BROADWAY. TO THIS END , CRITERIA BY WHICH INDIVIDUAL PROPERTIES CAN BE REDEVELOPED OR RESTORED ARE HEREIN SET FORTH: (1) REESTABLISH AND UNIFY THE BUILDING FACADE CHARACTER THROUGH EMPHASIS ON ORIGINAL CONSTRUCTION MATERIALS AND STRUCTURAL MODULES. (2) REMOVE UNNECESSARY VISUAL CLUTTER FROM THE BUILDINGS NOT CONSISTENT WITH THE ORIGINAL CONSTRUCTION. (3) IMPROVE THE QUALITY OF THE PEDESTRIAN EXPERIENCE ALONG BROADWAY. (4) REESTABLISH UPPER LEVEL OFFICE AND RESIDENTIAL USES. (5) FACILITATE PEDESTRIAN ACCESS TO BROADWAY FROM PARKING AREAS. (6) UPGRADE THE APPEARANCE OF REAR OF BUILDINGS. (7) IMPROVE SERVICE ACCESS ALONG REAR OF BUILDINGS. b. ADMINISTRATION. THE REVIEW OF THE PLANS SHALL BE THE RESPONSIBILITY OF THE DIRECTOR OF COMMUNITY DEVELOPMENT OR HER DE S IGNEE FOR CONF ORMANCE WITH THESE REGULATION S . NO BUILDING PERMIT S HALL BE ISS UED FOR TH E RECONSTRUCTION OF TH E EXTERI OR OF ANY BUI LDIN G UNL ESS THE IMPROVEMENT CONFORMS WITH THE SE GUIDELINE S . c . FACADE/DESIGN CRITERIA. (1 ) GENERAL FACADE ZO NE S . ( ) WI ND OW SILL ZO NE - 2 F EET TO 3 FEET GROU ND LE VEL . (b) DISPLAY ZO -WINO 8 I ST LOOR C ILl G (C) SIG NA GE ZO OM IRST LOO CElLI FLOOR WI NDO SILL L VEL . (d) UP P E LOO CO I'IM E CI AL/R LOOR WI N DO SILL TO TO ( ) ARCH IT zo TO TO INC HES FRO M DO ILL AND TO SECO D co D LO C l LI Ci • • • • (2) DESIGN CRITERIA FOR UPGRADING AND RESTOHING EXISTING FRONT FACADES. (a) FACADE EXTERIOR 1. THE RENOVATION OF EXISTING FACADES SHALL RESPECT THE RELATIONSHIP OF FIRST FLOOR STORE FRONTS AND UPPER STORIES AND SHALL BE CONSISTENT WITH THE ORIGINAL ARCHITECTURAL CHARACTER . 2 . THE REMOVAL OR ALTERATION OF ANY HIS'rORICAL OR DISTINCTIVE ARCHITECTURAL DETAILING SHALL BE AVOIDED. RECOMMENDED BUILDING MATERIALS: a. PERMITTED CLADDING SHALL BE BRICK, STUCCO OR OTHER MASONRY MATERIAL. b. P~RMITTED WINDOW CASINGS: WOOD, BRONZE OR BLACK ANODIZED ALUMINUM, PAINTED OR BAKED ENAMEL STEEL. c. PERMITTED TRIM: WOOD, STUCCO, STAMPED METAL OR BRICK. 3 . BUILDING CLADDING COLORS S HALL BE EARTH COLORS. 4. BUILDING TRIM COLORS SHALL COMPLEMENT THE COLORS OF ADJACENT BUILDINGS. 5. GLASS AREAS: a . FIRST FLOOR -MAXIMUM 60 VERTICAL SURFACE . b. SECOND FLOOR -MAXIMUM 40 VERTICAL SURFACE . c . THIRD LOO AND ABOVE -UNRES'rRICTED. (b) HEIGHT D SCAL • l. HE H lGHT AND SCAL 0 BUILD! GS SHOULD R LATE TO TH A CHITECTUR AND CAL 0 ADJACt::N·r BUlLDl GS. 2 . OV ALL H IGHT lS LIMIT 0 TO OUR S 0 l£S MAXIMUM. (c) S T AC 3 • I • • • • • 1. MANDATORY 0 FOOT SETBACK WHEREVER PO SSIBLE . 2. ON BUILDINGS TWO STORES AND ABOVE, A 12 FOOT FIRST FLOOR SETBACK FOR WEATHER PROTECTION IS ENCOURAGED. (d) ARCHITECTURAL PROJECTIONS INTO RIGH 'f OF WAY. 1. UNLESS OTHERWISE PERMITTED, NO NEW METAL CANOPIES, ROOF OVERHANGS, OR OTHER PERMANENT ARCHITECTURAL ELEMENTS MAY PROJECT INTO THE RIGHT OF WAY. CANVAS AWNINGS ARE ENCOURAGED. 2 . NO STRUCTURAL ELEMENT MAY PROJECT INTO RI GHT OF WAY. (e) SIGNAGE. 1. IN ADDITION TO THE ENGLEWOOD SIGN REQUIREMENTS SPECIFIED IN SECTION 22 .7 OF THE COMPREHENSIVE ZONING ORDINANCE, THE FOLLOWING REQUIREMENTS SHALL ALSO APPLY TO THE SOUTH BROADWAY I NCENTIVE AREA. IN THE EVENT THAT THESE REQUIREMENTS AND THOSE OF THE MORE GENERAL SIGN CODE REQUIREMENTS CONFLICT, THE MORE ST RINGEN T REGULATION S S HALL APPLY. a. WALL SIGNS S HALL ONLY BE LOC ATED IN TH E SIG N ZONE . b . PHOJECTING SIGNS S HALL ONLY BE LOC ATED IN THE SIG N ZONE AND S HAL L BE NO LARGER THAN 12 S UARE FEET PER FACE AN D 24 SQ UARE FEET TOTAL . c. SIG NS PAINTED ON WIN DO WS SHALL BE PERMITTED IN WINDOWS ABOVE 'fHE FIRS'f FL OR AND SHALL IDENTIFY THE BUSINESS LOCATED ON 'rHE PREMISES ONLY . d. PL XIGLAS , INTE NALLY lLLUMl .ATED 0 BACKLIT SIG NS SHALL BE PROHI ITED. (f) A INGS. l. 0 TYPES 0 CA NVA S AWNI G SHALL 8 U D; INDIVIDUAL AWNINGS LOCAT D AT £NT 1 SHOPS AND SECO ND STORY WI DOWS. b. LA G AWNINGS COVERI G TH TIR 4 • TO UILDI G • - - • • • FRONTAGE. 2. AWNINGS SHALL BE ATTACHED BELOW THE SIGN ZON~. 3. AWNINGS ARE PERMITTED OVER WINDOWS ON UPPER FLOORS. 4. MAXIMUM DEPTH OF AWNINGS SHALL BE 8 FEET. 5. COLOR SCHEME 01'' AWNINGS SHALL COMPLEMENT THE COLORS OF THE BUILDING. (g) MECHANICAL EQUIPMENT. 1. MECHANICAL EQUIPMENT PROJECTING FROM FACADE INTO THE RIGHT OF WAY SHALL NOT BE ALLOWED. 2. ALL ROOFTOP MECHANICAL EQUIPMENT SHALL BE SCREENED WITH SOME TYPE OF ARCHITECTURAL ELEMENT WHICH IS CONSISTENT WITH THE ORIGINAL FACADE OF THE BUILDING. (3) UPGRADING AND RESTORING FACADES OF REAR OF BUILDINGS. (a) REAR FACADES SHALL BE COORDINATED WITH COLOR OF FRONT FACADE THROUGH PAINTING WITH A LIMITED PALETTE OF EARTH TONE COLORS. (b) ALL PAVING AT REAR OF BUILDINGS SHALL BE ASPHALT EXCEPT AT PASS THROUGHS WHERE SPeCIAL PAVING SUCH AS BRICK, TILe OR BLOCK PATTERN SHALL BE USED. (c) CONSOLIDATE AND SCREEN ALL SERVICE AREAS (TRASH , ETC .) WITH NONCOMBUSTIBLE MATERIAL. d. DESIGN CRITERIA FOR CONSTRUCTION OF NEW BUILDINGS. (1) IN ADDITI ON TO THE ABOVE CRITERIA, ADDITIONAL STANDA OS HAVE BEEN PREPARED TO INSUR THE COMPATIBILITY OF ANY NEW 0 VELOPM~NT WITH EXISTI G BUILDINGS. (a) ACAD MU T occu AT IGHT 0 Ll 0 OOT SETBACK XC PTA lNT CTIO 0 ALK THROU H (b) MA 0 RY CO RUCTlO MA OATORY TY Ll (C) lAL S T BAC y UT HALL B 0 c c . (2) (a) 2 EO • • -• • • (d) FIRST FLOOR SETBACK OF 12 FEET IS ENCOURAGED FOR WEATHER PROTECTION. IF NO SETBACK, A CANVAS AWNING IS ENCOURAGED. (e) MASONRY FACADE ON RIGHT OF WAY MUST CONSTITUTE 40% OR MORE OF BUILDING SURFACE UNLESS A WALK THROUGH IS DESIGNED THROUGH OR WITHIN A BUILDING IN WHICH CASE THE MASONRY FACADE ON THE RIGHT OF WAY MUST BE AT LEAST 25%. (f) BUILDING FACADE WIDTH SHALL CONFORM TO EXISTING TYPICAL LOT WIDTH (25) FEET AND THE SAME F'ACADE TREATMENT CANNOT EXCEED 3 LOTS PER BUILDING (75) FEET. (g) BUILDING HEIGHT SHALL NOT EXCEED 4 FLOORS. FOURTH FLOOR MUST BE SET ~ACK 12 FEET FROM RIGHT OF WAY. (h) BASEMENT ACCESS MUST OCCUR OUTSIDE THE RIGHT OF WAY. Section 2 . This Ordinance shall be enacted as an emergency ordinance due to the need to comply with the terms of a grant received by the Ci y of Englewood. Section 3. Public hearing is hereby called for the 6th day of September, 1983 at the hour of 7:30 P.M. to have public comment on this Ordinance. Introduced, read in full, nd passed on first reading on th 15th day of August, 1 83 Published 5 a Bill for n Ordinance on the 17th day of August, 1983 . R S ptemb Att st: d by title and passed on ( nal r r, 1983. ding on th 6th day of shed by title 5 Ordinance No._-1~~--· Seri s of 1983, on day o Sept mber, 1 83. Eugene L. 6 Ia, Mayor • • • • • • • ------- I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and complete copy of the Ordinance passed on final reading and published by title as Ordinance No.~3 , Series of 1983. Gary R. Higbee 7 • I • • • • - ----..._.,__. __ First Pha se -Englewood Redevelopment Project So urc e: Englewood Citizen Cinema 20,000 sq. ft. Convenie nce Sh opping Complex with par king 22,000 sq. ft. Speciality Retail Plaza 34,000 sq. ft. Finan ci al Institution Bldg. -two stories 22,000 sq. ft. Health & Athletic Center with restaurant -3 stories 45,000 sq. ft. Hote l -200 rooms -10 stories 100,000 sq. ft. City Office Build in g -10 stories & retail 107,200 sq. ft. Civic Events Center 50,000 sq. ft. Residentia l Building -200 units -4 stor i es 100,000 sq. ft. Total: (70 acres) 500 ,200 sq. ft . Price: $100 ,000,000 $8,000,000 in ta x increment bonds Bra dy Development /Perez Associates, architects Total retail square footag e: 63,200 sq. ft . with 6oo car par king structure Total existing merchant square footage that ha s to be condemed: 200,000 sq. ft . Pricing of cond d properties: $50 sq.ft. • $10,000,000 Engl od rchan s• Redev lo~nt Association C x 0 sign Bud et (Convenf nee Shopping Co plex wf par fng and Specialf y Retail Plaz ) Qu lfty-of-Life Institute of Applied T chnology $200 sq.ft. $150,000 s pa rt of the gard n lev 1 of th 600 car parking rue ur $1,000,000 Ch rl r 3186 S. Lincoln (ngl ood, CO 80110 0 /781-1537 • • • • - 0 • • • Computing-Communications Priorities for the City of Englewood Have th e City put on digital switching by Mt. !lell Establish a Computing-Communications Task Force Set-up an electronic !lulletin Board System at the Library for the City's PC owners Utilize the City's foundations to fund a feasibility study for a Quality-of-Life Institute of Applied Technology to be located in the Redevelopment Project Designate the garden level of the proposed Parking Garages as the location of the Institute Use the feasibility study to raise funding for a market survey to determ ine the functions and features of the Institute Use the C-C Task Force to develop a C-C Master Plan for the City Charles Wfmber Targets for the Institute Small Busfn sses wf h less than 50 employees Computing-c fcatfons pro f ssfonals Those se tng c putfng-c unfcations literacy Schools, c urc s, hospitals , lfbrarfes, city halls, credit unions, co-ops, a d oth r nonproff sec tor entities IBM, DEC, Harrf • Hon ywell, Wang, Burroughs, CR, pl , West rn El ctr1c, Xerox, CDC, G.E., HP, and TI Governor's C ission on 1 Hf-T ch Instftut • • Portable PC l~o rkstation Network Node Regional Host National Host Portable PC Workstation Network Node Regional Host National Host Portable PC Workstation rletwork Node Regional Host National Host Portable PC Worksta ion Network Node Regional Host National Host Portable PC orks tat ion etwork lod Regional o ational Hoc; • • - The Politics of Personal Comp uting and The Populi st Hi-Tech Movement -activist terminal -ward terminal -precinct node -state node -PAC host -emrloyee terminal of 1ce terminal -local node (company) (TRS 80, ~1odel 100) (TRS 80, Model 4 ) (DEC VAX 11/730 ) (DEC VAX 11/750 ) (DEC VAX 11/780 ) -regional node (company) Portable PC Workstation Network Node Regional Host National Host -national host (company) -citizen term1J1al -l1brary t e rminal -city node -state node (league) -national node (league) -consumer terminal -reta1 l terminal -ban nod -bank hading company host -Banking A sn. hos Portable PC Workstation Network Node Regional Host National Ho s t Portable PC Workstation Network Node Regional Host National Ho st Portable PC ork s ta tion Network Node Regional Host a ional Host 1983 Pricing $ 1,509 $ 8,669 $ 49,802 $ 286,103 $1,643,609 1 user 1 user 8 users 32 users 128 users -student terminal - c l assroom terminal -building node -district node -state host -union member terminal -shop term1na l -Local's node -Regional's node -Nationa l's host -parishner terminal -pastor's terminal -local association -sta te association -na tional convention Portable PC -sales n - r Por a le PC Wor s a ion Networ od Region 1 Hos Workstat1on twork Node R gional Hos 1 tional lo t ac or: 5.7 4 ional Host - Ch rl Wf r 3186 S. lincoln Engl od, CO 110 03/781-1537 (TOTAL : $1.337 rillton) LPS) OH I • • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE July 28, 1983 AGENDA ITEM A Proposed Amendment to the SUBJECT Comprehensive Zoning Ordinance adding a new §22 .4 C, Design Guidelines for INITIATED BY City Planning and Zoning Cpmmis sion ACTION PROPOSED Receive the Recommendation of the Planning Commission Relativ e to the amendment to the Comprehensive Zoninc OrdlnnnrC' nnrl CC'<fi!P At tlw C:l Ly fltlunw y lu INT RODUC TION AND BACKGROUND. One of the goals of the Comprehensive Plan, which was adopted by the City Council by Resolu tion No. 49, Series of 1979, was to revitalize the South Broadway r etail area that 30 years ago boasted the 4th busiest commercial block in the United Stat es . Th!! cour se of action suggested to implement the goal is to renovate the front and r e ar facades of the s tructures along South Broadway around a common theme, and t o provid e planLlnK!l , ne w light inK , und o;trect fu rnllur e. '!'he deter !oration of South Uroadway h s been of concern to the business communit y and to the City for some time, and re- quested funds from the Department of Housing and Urban Development and the State to initiate a renovation progr m. Th City r eiv d funds from both the 1982 nd 1983 Community D velopment Block Grant (CDBG) program which will be used to provide d s i ns for th renovation of the buildin • fuc.;dct. ln the 3200 Lhr o u ~h 3500 bluckw of South Uruadway, .md for a r evolving lo -in t r at reh bilitation loan program for p r a ons who want t o p rt icip t l! in the facade improv m nt program. It was n cessary for th City to d v lop guidelin s for th f c d proaram , nd this has b n don with the aasiatanc Don Enai n with D ai n Workshop out of Aap n. impl of th ent tion of the City's consul tant, Th Planntn Co iaaion h ld a public h arin& on th propos d D ign uid lin on July b, 19 3, followina which h arina th y w re approv d nd r f rr d to th City C un 11. Th Guideltn a will ba tncorpor t d into the Co pr h naiv Zoning Ordin n nd will pply ithin th id ntifi d ar a. rvic of Bru dw y 1 1a b in lit h • b nt ation o • r t ln d to work wl th thl• n pprov d or th rcl b e this progr • -• • • approved and incorporated into the Comprehensive Zoning Ordinance. To this end, th e Planning Commission .reconunends that the City Council request the City Attorney to prepare a Bill for Ordinance incorporating the Guidelines and schedule a Public Hearing thereon. SUGGESTED ACTION: MOVED BY ______________ _ SECO D ___________________________ _ YES ____________ J.o ____________ ~BSENT ________________________ __ • • • • • CITY PLANNING AND ZONING COMMISSION ENGLEWOOD, COLORADO IN THE MATTER OF CASE NO. 12-83, ) FINDINGS OF FACT, CONCLUSIONS AND ) RECOMMENDATIONS RELATING TO AN ) AMENDMENT TO TilE COMPREIIENSIVE ) ZONING ORDINANCE BY INCORPORATING ) A NEW SECTION, SECTION 22.4C, ) DESIGN GUIDELINES FOR THE SOUTH ) BROADWAY INCENTIVE AREA. ) II Public llc.:~ring was hcl<l in connection with Case No. 12-83 on July 6, 1983, in the City Council Chambers in the Englewood City Hall. The following members of the City Planning and Zoning Commission were present: Messrs. Allen, Barbre, Carson, McBrayer, Senti, Steel, Tanguma and Venard. Mrs. Becker was not in attendance during this Public Hearing. After having reviewed the evidence taken during the Public llcaring, the report of the staff and information presented by the consultant, Hr. Don Ensign of Design Workshop, Inc., the City Planning nd Zoning Commission makes the following Findings of Fact: FINDINGS OF FACT 1. Th t netic of th Public Hearin wa e given in th Engl ood S ntinel on Jun 15, 1983. 2. Th t a goal of the Co pr h n iv Pl n whi h wa s <lopl <l by Council olution o. 49, Sari e of 1979, wae to revit lize th South Bro d- way r tail ar a nd more ap ifically to r novate th front and r ar fa d of th etructur e along South Broadway around a the8 or a com.onality of deaign, and to provide plantinga, n lightin and etr et furniture. d ir or t to up red aitt d for Proar t th ir atr • • • • - -2- 6. lhat the funds received in the 1982 and 1983 Grants will be used in a designated area in the 3200 through the 3500 blocks of South Broadway and the Design Guidelines would apply only with that designated area. 7. That all businessmen and property owners of the low-interest loan program must comply with the other property owners who want to make improvements to also be expected to comply with the Design Guidelines. who want to partake Design Guidelines and their properties will 8. That the Design Guidelines for the South Broadway Incentive Area are necessary in order to develop a positive image for the identified area and to create the framework for architectural compatibility by: a. Reestablishing and unifying the building facade character by emphasizing the original construction materials. b. Rcanovlng unnecessary visual clutter fro111 the l>ulluln~;s which is not consistent with the original construction. c. Improving the quality of the pedestrian experience along South Broadway. d. Reestablishing and encouraging upper level office and residential uses within this area. e. Facilitating pedestrian access to South Broadway from parking areas. f. UpMrading the appearance of the rear of buildings. g. Improving service access to th rear of buildings. 9. That th D aign Guid lin s will b of Community Dev lopm nt or p rsons appointed by bility will b to insure that any reconstruction or th • con1truction o f any n w building con!or• administer d by th Dir ctor th Director whose r lponsi- of the t rior of ny building wllh thlt; " tfon. 10. That Hr. Jos' Corral, 3457 South Bro dway, wa1 in att nd nc during the Public Hearing and had an opportunity to discuas the propo1ed Cuidelin end their application as they ai&ht apply to his bu1in aa. 11. That thers were no other persona prea nt who wiah t Plannina C iaaion either in fevor of or in oppoatti to th Cutd lin a. 1th t 1. Th C pr h 11 K rtn &1V I 1 • to addr 11 Deli n u It • • • • • -3- 3. T~at the Design Guidelines are necessary to implement the pro- gram for South Broadway improvements which were funded by the 1982 and 1983 Community Development Block Grants for the purpose of eliminating blight, creating job opportunities by upgrading commercial structures, and making the general business environment more attractive to investors and entre pre n eurs and to this end, is necessary for th~ health, safety and general welfare of the people who own property, live or do business in the City of Englewood. RECOMMENDATION Therefore, the City Planning and Zoning Commission approves the Design Guidelines for the South Broadway Incentive Area and refers the pro- posed Design Guidelines to the Englewood City Council with a favorable recommendation for their consideration. Upon a vote taken on a motion made by Mr. Carson and seconded by Mr. Stoel, eight persons voted in the affirmative, no persons voted in op- position to the motion, and Mrs. Becker was absent. BY ORDER OF THE CITY PLANNING AND ZONING COMMISSION. iilton E. Senti, Chairman I • • -• • • DRAFT I -6/7/83 DRAFT II -6/13/8 3 SECTION 22,4 C DESIGN GUIDELINES FOR THE SOUTH BROADWAY INCENTIVE AREA. a. LEGISLATIVE PURPOSE AND INTENT, b. THIS SECTION OF THE COMPREHENSIVE ZONING ORDINANCE HAS BEEN DESIGNED TO IMPLEMENT THE GOALS OF THE COMPREHENSIVE PLAN AND THE ENGLEWOOD DOWNTOWN REDEVELOPMENT PLAN AS THEY PERTAIN TO THAT PORTION OF SOUTH BROADWAY IN THE 3200 TIIROUGII 3500 BLOCKS WHICH SHALL BE REFERRED TO AS THE SOUTH BROADWAY INCENTIVE AREA. THE SOUTH BROADWAY INCENTIVE AREA (S.B.I.A.) IS CREATED IN ORDER TO DEVELOP A POSITIVE IMAGE FOR THIS AREA WHICH WILL ENCOURAGE NEW BUSINESSES AND TO CREATE THE FRAMEWORK FOR BOTH NEW DEVELOPMENT AND REDEVELOPMENT THROUGH ARCHITECTURAL COMPATIBILITY TO PROVIDE BETTER INSIGHT INTO THE DESIGN ASPECTS OF EXISTING BUILDINGS AND THE POTENTIAL OF PROPERTIES ALONG SOUTH BROADWAY. TO THIS END, CRITERIA BY WHICH INDIVIDUAL PROPERTIES CAN BE REDEVELOPED OR RESTORED ARE HEREIN SET FORTH: (1) REESTABLISH AND UNIFY THE BUILDING FACADE CHARACTER THROUGH EMPHASIS 0 ORIGI AL CO STRUCTION MATERIALS AND STRUCTURAL MODULES, (2) REMOVE UNNECESSARY VISUAL CLUTTER FROM THE BUILDINGS NOT CONSISTENT l"nl '1111! 0 lG I AL CONSTRUCTION, (3) IMPROVE ntE QUALITY OF TH PEDESTRIAN EXPERIENCE ALO G BROADWAY, (4) REESTABLISH UPPER LEVEL OFFICE AND RESIDENTIAL USES. (5} FACILITATE P!DESTiiAN ACCESS TO BROADWAY FROM PA 1 G AR (6) UPCRAO TH ! APP CE OP REAR OF BUILDINGS. (7) VIC ACCESS ALO C REAR 0 UILDINGS, VI 0 111 PLANS SIIALL ll Til · lUlLITY 01' I'll IHRI!CIO 01 c ITY D 10 K 0 HE D lC I ULA- • • • • • • -2- TIONS. NO BUILDING PERMIT SHALL BE ISSUED FOR THE RECONSTRUCTION OF THE EXTERIOR OF ANY BUILDING UNLESS THE IMPROVEMENT CONFORMS WITH THESE GUIDELINES. c. FACADE/DESIGN CRITERIA. (1) GENERAL FACADE ZONES. (a) WINDOW SILL ZONE -2 FEET TO 3 FEET 6 INCHES FROM GROUND LEVEL. (b) DISPLAY ZONE -WINDOW AREA BETWEEN WINDOW SILL AND FIRST FLOOR CEILING LEVEL. (c) SIGNAGE ZONE -FROM FIRST FLOOR CEILING TO SECOND FLOOR WINDOW SILL LEVEL. (d) UPPER FLOOR COMMERCIAL/RESIDENTIAL ZONE -SECOND FLOOR WINDOW SILL TO TOP FLOOR CEILING. (e) ARCHITECTURAL ROOFLINE ZONE -FROM TOP FLOOR CEILING TO TOP OF PARAPET. (2) DESIGN CRITERIA FOR UPGRADING AND RESTORING EXISTING FRONT FACADES. (a) FACADE EXTERIOR 1. THE RENOVATION OF EXISTING FACADES SHALL RESPECT THE RELATIO SHIP OF FIRST FLOOR STO FRONTS AND UPPER STORIES AND SHALL BE CONSISTENT WITH THE 0 IGI AL ARCHITECTURAL CIIARACTtll. 2. nt lt:HOVAL 0 ALT TIO OP HI TO ICAI.. 0 01 Tl CTIV AICIIITECTUIW. D AILI C HALL I AVOID D. UILOI C KAT I •• P IHITT OTH b. P RMITT WI • I a • • • • • - -3- ANODIZED ALUMINUM, PAINTED OR BAKED ENAMEL STEEL. c. PERMITTED TRIM: WOOD, STUCCO, STAMPED METAL OR BRICK. 3. BUILDING CLADDING COLORS SHALL BE EARTH COLORS. 4. BUILDING TRIM COLORS SHALL COMPLEMENT THE COLORS OF ADJACENT BUILDINGS. 5. GLASS AREAS: a. FIRST FLOOR -MAXIMUM 60% VERTICAL SURFACE. b. SECOND FLOOR -MAXIMUM 40% VERTICAL SURFACE. c. THIRD FLOOR AND ABOVE -UNRESTRICTED. (b) HEIGHT AND SCALE. 1. THE HEIGHT AND SCALE OF BUILDINGS SHOULD RELATE TO THE ARCHITECTURE AND SCALE OF ADJACENT BUILDINGS. 2. OVERALL HEIGHT IS LIMITED TO FOUR STORIES MAXIMUM. (c) SETBACKS. 1. MANDATORY 0 FOOT SETBACK WHEREVER POSSIBLE. 2. ON BUILDINGS TWO STORIES AND ABOVE, A 12 FOOT FIRST FLOOR SETB ACK FOR WEATHER PROTECTION IS ENCOURAGED. (d) ARCHITECTURAL PROJECTIONS I TO RIGHT-OF-WAY. 1. UNLESS OTHERWISE PERMITTED , NO NEll METAL CANOPIES, ROOF OVERHANGS, 0 OTHE PERMANENT ARCHITECTURAL !LEK TS HAY P OJ CT I TO T1l liCHT-OF-WAY. CANV CED, (e) SIC AC l, t A tTl I • • • • • -4- THOSE OF THE MORE GENERAL SIGN CODE REQUIREMEN TS CONFLICT, THE MORE STRINGENT REGULATIONS SHALL APPLY. a. WALL SIGNS SHALL ONLY BE LOCATED IN THE SIGN ZONE. b. PROJECTING SIGNS SHALL ONLY BE LOCATED IN THE SIGN ZONE AND SHALL BE NO LARGER THAN 12 SQUARE FEET PER FACE AND 24 SQUARE FEET TOTAL. c. SIGNS PAINTED ON WINDOWS SHALL BE PE BMI TI'ED I WINDOWS ABOVE THE FIRST FLOOR, AND SHALL IDENTIFY THE BUSI ESS LOCATED ON TilE PREMISES ONLY. d. PLEXIGLASS, INTERNALLY ILLUMINATED OR BACKLIT SIGNS SHALL BE PROHIBITED. (f) AWNINGS. 1. TWO TYPES OF CANVAS AWNINGS SHALL BE USED: a. INDIVI DUAL AWNINGS LOCATED AT ENTRIES TO SHOPS AND SECOND STORY WINDOWS. b. LARGE AWNINGS COVERING THE ENTIRE BUILDING FRONTAGE. 2. AWNINGS SH ALL BE ATI'ACHED BEL<lJ THE SIC ZONE. 3. AWNINGS ARE PERMITTED OVER WINDOWS ON UPPER FLOORS. 4. MAXIMUM DEPTH OF AWN INGS SHALL BE 8 FEET. 5. COLOR SCHEME OF AWNINGS SHALL COMPLEMENT THE COLORS OF TH BUILDING. (a) M CHAN! L QUIP T, (3) UPC 1. M CHANICAL E UlPKENT PROJECTl G F OM FACAD 1 • 0 TH lGIIT-OF-W AY SllALL OT 8 ALL 2. ALL OOn'OP MECIIANI L QUIPH TYPE OP ARCHITECTURAL EL TH UILDl SIIALL 8 CREEN D WITH WHICH I CO SIST T WlTII OF 0 UlLDl • I • -• • • -5- (a) REAR FACADES SHALL BE COORDINATED WITH COLOR OF FRONT FACADE THROUGH PAINTING WITH A LIMITED PALETTE OF EARTH TONE COLORS. (b) ALL PAVING AT REAR OF BUILDINGS SHALL llE ASPHALT EXCEPT A'l' PASS- THROUGH$ WHERE SPECIAL PAVING SUCH AS BRICK, TILE OR BLOCK PATTERN SHALL BE USED. (c) CONSOLIDATE AND SCREEN ALL SERVICE AREAS (TRASH, ETC.) WITH NON- COMBUSTIBLE MATERIAL. d. DES lGN CRITERI A FOR CONSTRUCTION OF NEW llUlLD INGS. (1) IN ADDITION TO THE ABOVE CRITERIA, ADDITIONAL STANDARDS HAVE BEEN PREPARED TO INSURE THE COMPATIBILITY OF ANY NEW DEVELOPMENT WITH EXISTING BUILDINGS. (a) FACADE MUST OCCUR AT RIGHT-OF-WAY LINE -0 FOOT SETBACK EXCEPT AT INTERSECTIONS AND WALK-THROUGHS. (b) MA SONR Y CONSTRUCTION MANDATORY AT PROPERTY LIN E. (c) CONSTRUCTIO MATERIALS SET BACK FROM PROPERTY LINE NEED 'OT BE MASONRY, BUT SHALL BE ON APPROVED LIST, (SEE SECT! 22.4 C c. (2)(a)2 FOR APPROVED LIST.) (d) FIRST FLOOR SETBACK OF 12 FEET IS ENCOURAGED FOR WEATHE PRO- TECTION. IF 0 SETBACK, A CANVAS AW INC IS ENCOURAGED. (e) HASO RY FACAD 0 RIGHT-OF-W AY HUST CON TlTUTE 40% OR MORE 0 BUILDI "C SURFACE UNLESS A WALX-nt OUCH IS DESIGNED THROUGH 0 WITHI A BUILD! I WHICH CASE THE HAS RY ACAD 0 THE RIGHT- OF-AY MUST BE AT LEAST 25%. (!) BUILD! C FACADE WIDTH SHALL CO ORH TO EXISTING TYPICAL LOT WlDnl (25) FE TH S AD TREATHE T CA OT EXC .D J LOT P BUILDI C (75) FEET. (&) IUILDI II lCHT HALL OT 4 PLOO • FOU nt L KU T I ET lAC 1 F IT P OH I -OF-WAY • • I • • • • • -6- (h) BASEMENT ACCESS MUST OCCUR OUTSIDE THE RIGHT-OF-WAY. I . 6 NORTH • • • BROADWAY REHABILITATION PROGRAM ·;: ~ .~ .~ I ~ ~ -.!! ~Evon' (2100 Sl AdiiOi ic I ) • TA T AI - PUBLISHER 'S AFFIDAVIT STATE OF COlORAOO, COUNW OF Arapahoe 1. Jenn a A. Shear do ao._m nty , .. ,, that I a m the publisher l ,.. l the Englewood Sentinel 11\111 the M me 11 1 ..-ty newspaper I)Ubltthed Englewood Coun!yol • Arapahoe St-'• of Cotorado e nd has • gttn@rel c"culatlon lhefetn ttta t tltd newsoaoer nas been pubhthed conunuou y encs untnt.,ruotecl ty '" Nld County of -· .... • • • A IILL '011 CO\IttC I L IILL 110 . U ; .. T.'lDUC tO U COUK I L •UIIf.lll_ ti•Lf') All OIIOitlMICI. DIACTI..O OUtC• GU i f'I!Lt •l Cllltfl MI" r•·ttfl.I.O •oul(;ll GIJIOtLUIU POll 1'tll 50UTM 11t0Al"f"T tlfClfiTI'II .uu.• ADO IIIG SICT IO. l ,.4C fO Tl'l C ITT ~ eMCLr.:MOCD CO't,.lii!,.S IVt I ~~·r; OtiOI IIIIAttCt ID"OUI.\Jtel WO. 1., Sl1111 5 Of l ti }, AS ..,.r;M OI:O) A..-D Of.r'"t.AIIIIt(O U UlliiiC tttef . WltlllAS, t tl• qo •l of tho c -proho"'o l •n ll l ol\ of tl'lo City o f I '""''·-~~ odoptod tty Coiii'IC"I1 •••ol u t lol'l 4t , S•rl o• or ,,.,,, ••• to r o ¥1t•ll to t h o lo•nh lro•Poy rot •ll or••• .,... 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'""''"-,... -· f IS ill. f :Ja "'" "'" t I nn t I'IICMI ,._. ,_l MI.Uf ..... WI._..._. ....,..... ••-IIU ... ,, .. , f C(U.I III j,,htL • .. , .. . ...... ,..,. n.MI' ., ... IILL uwn . ........ ... • • • • ,. • Englewood Parks a n d Recreation Commission SA Minutes of June 9, 1983 The reqular monthllJ meeting of the l'nqlewood T'.1rks and RC"Cr<'ation Cnmmis ,.,Jon ~'·'-" called to order at 5:30 p.m. by Chairman Poole, at the Englewood Municipal Golf Cours e Clubhouse. Members present: Allen, Boardman, Brildshaw, Gomes, TTigday, Howard, Pool e , Romans, ex off~cio Members absent: None Also present: Leon Kuhn, Ass~stant Director of Parks and Recreation Doug Poe, Assistant Director of Parks and Rccre.Jtlon Carolyn Tracy, Recreation SupcrvJsor Ken Ballard , Recreation Supervisor Chairman Poole asked if there were any additions or corrections to the minutes ot' the meeting of May 12, 1983. Commission er Gomes responded, stating that due to the outcome of the School Board election on May 3, 1983, he was temporarily eliminate d fro m the Parks and R creation Commission as a repr sentative of the School Board unt i 1 he was reappo~nted for a two y r term at the May 24, 1983, School Board m et~ng. lie quested th t it be s n in the JJUnutes that, .i.n fact, h was not bsent from th 'I y Comm~ssion meet1ng as lndicated ln the H y 12 minutes. Commission r Br dshaw al ·o J - sponded, stating th t on page 3, para. 1, Sinclalr Prlncipal Ryder's na is corr~t y SPf!lled ffR it r" and r u sted that th nunut s corrected thu ly. A tha th •unut s be approved as amend d. Th motJon pass Co n rn i nq Ji lOll' on th c unity c nt 1 f o r nql , DJ rt..:tor Rom.tn s l po t t l ,, Ri nk r nd t, w 11 • n Lin s v r J ll o n of 0 n 0 t II t t1 ot Jul 15, J I J • t of rutt ru n • 'l'h J r. r ( I fv ,,, • I • • l::Jlglewood Parks und /lec.:reation Couunission Minutes of June 9, 1983 Page -2- • • • Commissioner Bradshaw passed out to the Commission members copies of a l e tter she received from Junet Caniglia , un Lnglewuocl citizen, conccrnin'l s ~vcra l iss ues o J tilL• comm un ity center, ~.e., the results of th bond election , its proposed location with respect to public transportation, shopping and bus~ness conveniences, and architect 's design of the facility. She also d~stributed cop~es oz her reply to Ms . Caniglia. Altel some discussion, it was the general consensus of the Comm~ss~on membet·s that Conunl s s io n~·r Bradshaw's response was clear , responsive, and very well written . With regard to problems of communications and otlwr matters of conct•rn of Lil<1 llt'c - reation Division w1th Englewood Schools and the use of their facilities, 11ssistant Dir- ector Foe stated Lllut Recreation Supc1visors Tracy and lJallurci ·~orked out a list ol iLt•m. they felt were problem areas. Copies were distributed to the Commission members. Included in the list are cluplicution of progr ms , communications, tinan es, dlld u propos(•cl t i me' t ble for making tin 1 recommendat1ons for solutions to these ~ssues. ln d1scuss~on ot thes matters, mu~...·JJ con<.: 1 Tn Wd.S voi<.:t}d ovt~r tile~ lack ot 1 com.munJ.cCJLIOn pzoc.:css dtJd LlJ l t ICL t til ptoblcm ts increasing . Commiss~oner JIJgduy su g cvt<.•d tho.1t the• ,. c.:on <.'!"liS l>rou he ort City Council so theu can awar of th se pro l ms. Commission r A on, second d by Commissioner Boar n, ha ch s of school /c i t y t Ltle be pprov 1. on, the CommJss~on I t t1 ·o " 1 t L• • t• I a fp lx• , I vJd on Jf rmln chool or on r • • - ( 'inylewoou Parks illl(l l<ecreation Conunission Min u tes of June 9 , 1983 Page -3- • • • and members of the school system staff , for the purpose of reviewing recrea ti o n and sports programs off0r0d by the two qroups .-ould br an 0ffcctivc cou r s,• of .1ct ion. f11 discussion, Commissioner Gomes suggested that particular g uidel i nes in the proper course of act~ on shoulu i.Je sL•t . Tak i ng into co n~ideration all the concern s brouqht iorwaru by Reczeation Supcrvis o z s Tracy and Ballard, Commiss~oner Bzadshaw made a mouon, s,•conded by Commissioner Gomes , that a memo Le wr i tten to Ci ty Council stating that problems of school and city , i .e ., us of cillLit.:s , duplic t.1on ot pro yriJms , und deLt•JiuLdtion ul cvmmuru.~JLiotJs , dtL~ becoming more sez ious . The motion passed . In discussion concerning the summer recreat~on program schedule , <:onunissiorwr Allen Inqui r ed about th swim program wanting to know if c hi ldren were being g rouped for lessor.s by age or bility. Carolyn Tracy, Supervisor of the swim program , said all children In the le rn-to-swi m progr mar grouped according to abil1ty . commiss1oner Bradshaw inquired ubout t/1 Inter st in th .tdult ·ottLJll pr·ogr m this summer. R cr ation Supervisor B llard stated th t th program 1s growing cv ry ye r, and this y ar th y w re fore d to turn away twenty te m. s r ult ot not hadn the ballfield facil1ties to accommodate them. Th C:o mmis 1on m r • all "' learned Aus In Gome back to ll 011 l ( I h B br ef b nc du o th r •ul cs of h School Board elec Ion Jn N lit a he chool Bo rd r p r a tativ to he Parks and ~ecr ation C ion a h.U v 24' l 3. It 0 t c •• on t 11'11 OTJI • l nh • Ill. -t I I ( Ill d • • - ( Englewood Parks and Recreation Conunission Mi nu tes of June 9 , 1983 Page -4- • • • which had changed the time clock . He reported that the problem was corrected some days ago. Commissioner Boardma n i n fo rmed the Commission that the School Board voted and approved the Commission's recommendation that two youth council members bccom8 voting members of the Parks and Recreation Commission . 7'hc meetiny was adjou1ned at 7:15 p .m . Linda • • • • MINUTES 5 fj ENGLEWOOD, COLORADO BOARD OF ADJUSTMENT AND APPEALS July 13, 1983 The regular meeting of the Board of Adjustment and Appeals was called to order at 7:33 p.m. by Chairman Donald Seymour. MEMBERS PRESENT: MEMBERS ABSENT: ALSO PRESENT: Kreiling, Hallagin, Dawson, Brown, Gage, Ferguson and Seymour. None. Dorothy A. Romans, Assistant Director of Community Development Rick DeWitt, City Attorney Larry D. Yenglin, Planner l Sheryl Rousses, Recording Secretary * * * * * * BOARD MEMBER HALLAGIN MOVED THAT THE MINUTES OF THE JUNE 8, 1983, HEETl "G OF THE BOARD OF ADJUSTMENT AND APPEALS BE APPROVED. Board M mber Dawson seconded the motion. Upon a vot , six members vot d in th affirmativ , with H mb r r ilin ab tainin • Th Chairman rul d that the minut a stand APPROVED. * * * * * * BOARD MEMBE CAGE VED THAT TH FlNDl "GS OF FACT I. CASE APPROVED. Board M mb r Bro Upon a vote, 11 rul d th t th cond d th action. vot d in the a f1rmativ r APPROVED. ****** • • 10-) B Th airun • \ ' Board of Adjustment and Appeals Hinutes -July 13 , 1983 Page 3 • • • Mr. Jim Bowers, 1755 Ga rland Lane, Boulder, was sworn in. He has been planning the development of the broad Campus concepts or plans, and the City staff, Planning Commission and City Council have participated in these plans. Swedish Campus is bounded by Girard on the north, Hampden on the south, Logan on the we st and Corona on the east. Swedish does not own all the land in the area, but owns most of it. Swedish also owns some land beyond the boundaries. He described the hospital that presently exists as a basic core of the Campus, and that area has the most intense use. New intensive uses will be tied to this core, and they would try to expand around it. To the east are less intense uses like the Wellness Center , some of the Craig facilities and fur ther to the east, the Corona housing project. Swedish cannot expand to the north because they abut directly onto Girard, which they are using as a boundary for the expandsion of the intense facilities. To the east there is space for expansion if they tear down buildings, or intrude on open space. One of the key concepts of the plan for Swedi sh is to create open spaces inside the Campus for the use of the patients, visitors and employees so there will be a pedestrian environment on the Ca mpus. Expansion must, therefore, be to th south nd west. The Swedish planners have worked with the Downtown Development plann rs, and believe that expansion to the west gives a degr e of rel tionship with the downtown area. The expansion will encourage the us of th d ntown faciliti s such as hotels, health club and conf rene f ilities. The Girard corridor wil l give a stron r lationship betw en Sw dish and th downtown ar a. Ev ntu lly, as ddition 1 prop rti acquir d, w dish may ask to clo off rson Str et betw n Ha nd Gir rd, and al o Penn ylvan b tw n H mpden and Gir rd. p r n t eta nd plann ra n. Th y r • Board of Adjustment and Appeals Minutes -July 13, 1983 Page 2 • • • The Chairman stated that he had certification of posting and proof of publication. He asked that the applicant come forward. John Oswald, 6313 South Monaco Ct., Englewood, came forward and was sworn in. He stated that he is the Senior Vice President of Swedish Health Corporation. He stated that he was part of a "presentation team" including John Gunyou of Browne, Bortz and Coddington, which has done a g reat deal of economic research in the area, James Bowers, with Bowers and Associates, who is an urban planner and has worked with Swedish for 10 years, and two gentlemen with Falick/Klein and Associates of Houston, Texas, Jamie Partlow and Charles Short. Falick/Klein and Heller and Larson have collaborated on the project. Leon Threlkeld, Director of Planning and Maintenance was also present with Lowell Palmquist, the President of Swedish Health Corporation. Mr. Oswald stated that at Swedish they have been for many years committed to the health care needs of the community. Swedish has been in the area for over 70 years, and the changes in the needs and population have led them to the transition reflected in the plans for additional buildings. Over the years they have progressed from a tuberculosis sanitarium to an acute care facility in the 1950's. They brought Craig Hospital to En 1 wood in the 1970's, and are planning t o bring Spalding Rehabilitation Hospital to the campus. Spalding is currently located downtown at 1919 Ogden and has 80 beds for persons suffering from strokes or similar ailments. Mr. Oswald stated that bringing Spaldin to th community wi ll be a service to the surrounding ar a. He not d that patients are drawn from all over the country to the present faciliti s. He stated that Mr. Cunyou would describe Swedish's conomic contributions t o En 1 wood. Thr Cr 1 1. 0 • Board of Adjustment and Appeals Minutes -July 13, 1983 Page 3 • • .. Mr. Jim Bowers, 1755 Garland Lane, Boulder, was sworn in. He has been planning the development of the broad Campus concepts or plans, and the City staff, Planning Commission and City Council have participated in these plans. Swedish Campus is bounded by Girard on the north, Hampden on the south, Logan on the west and Corona on the east. Swedish does not own all the land in the area, but owns most of it. Swedish also owns some land beyond the boundaries. He described the hospital that presently exists as a basic core of the Campus, and that area has the most intense use. New intensive uses will be tied to this core , and they would try to expand around it. To the east are less intense uses like the Wellness Center , some of the Craig facilities and further to the east, the Corona housing project. Swedish cannot expand to the north because they abut directly onto Girard, which they are using as a boundary for the expandsion of the intense facilities. To the east there is space for expansion if they tear down buildings, or intrude on open space. One of the key concepts of the plan for Swedish is to create open spaces inside the Campus for the use of the patients, visitors and employees so there will be a pedestrian environment on the Campus. Expansion must, therefore, be to the south and w st. The Swedish planners have work d with the Downtown Development plann rs, and believ that expansion to the west gives a degree of relationship with the downtown ar a. The expansion will encourage the use of the d ntown facilities such s hotels, h lth clubs and conference f c iliti s. The Girard corridor will giv strong relationship between Sw dish and th downtown ar a. Ev ntually, as additional prop rti ar cquir d, dish may a k to clo off r on Str et between Hampden and Girard, and al o P nnsylvania betw en Hampden and Gir rd. nn ra • • • • Board o f Adjustment and Appeals Minutes -July 13, 1983 Page 4 The y are also establishing a major east-west corridor that works o ff of the existing lobby and the new lobby for the co nv enienc e of the patient s , s t af f and visitors. The addition will tie in with the hospital's present axis. To follow the line of the present hospital, Phase IV will come within 3 to 5 feet of the side property line, where the required setba c k is 15 feet. The building itself is 7 stories in the expansion or about 80 feet from the first floor to the roof. Anything above 60 f eet requires a setback of one more foot for every additional fo o t of vertical height. Meeting this setback requirement would not allow the addition to be an extension of the existing building. Mr. Short said that the future of Swedish Hospital would be best served by the g ranting of the variances for setback and height. Mr. Short displayed sketches showing how the buil ding wo uld look f r om Hampden Avenue. It will be a concrete reinforc ed building , with t he bric k and glass addition to compliment the existing mat e rial on the building . Mr. Ga ge asked if the addition would tie in with t he present building . Mr. Sh o rt s tated that it would tie in on every floo r . The building mu t b the requested height in order t o avo i d r mpi ng betw n th xistin building and the addition. Th ere will be n w entranc off of Hamp den al l owing a one-way entrance fo r dropoff and on -w y e xit. They hope t o improve the entranc e and exit of t he hospital with land sca ping and c utbacks so traffic c an be seen. The y hop to r t in mos t of th pres ent parking . Se rvic e wi l l be mainta i n d on P nnsylvania Street, but d own som what t o the sou th o f wh r i t ia p r e ntly loc t ed. Mr . Pa r tlow will be d ir c of th Mr. F hort b o f ' ho • 0 l d • ddition will cont i n pa t i n t rooms and th nsions of t he typ s of r oom in the pr s nt structur t a lo i cal po i nt to maintain th circulation n t rance it would • lll. Hr. Thi Pha C rtific t of th P nns ylvani • ( Board of Adjustment and Appeals Minutes -July 13, 1983 Page 5 • • • Mr. Kreiling asked if there were no allocations for employees versus visitors and patients. Mr. Oswald stated that they would still use the surface parking for much of their employee's needs. They are planning right now for two of the floors in the parking structure to be allocated for their employees specifically. With the combination of close-in parking and the new structure, they hope to take many of the cars off of the street. Mr. Kreiling asked about the measurement for the 80 feet in height of the proposed addition. Mr. Short replied that it is measured from the first floor to the roof, but with the slope of Pennsylvania Street, the irst floor will be actually buried below the street. Along Pennsylvania it will be only a six story building above grade. The entrance will be at th service garage on the second floor. Mr. Ferguson asked about the 45 feet that the applicant had stated would be the above grade height along the south side of th Dunn property at 3430 South Pennsylvania. The height of the building would be 118 feet, the part of the building below grad would be 52 feet, leaving over 60 f et above grade. Mr. Short agreed. Mr. Ferguson asked what part of th new structure would project into the setback area. Mr. Short replied that it would be th tairwell and part of the service entrance. Mr. Fer u on st ted for lo ding dock. th t no signs or ob to eliminate th that dir ctly to the north of that there is a ramp He stated that th purpose of th City 's requirem nt pl Mr. P rtlow tat d h t b visibility, nd with is compl t 1 visibl should be within 15 f t of a corner is tr ffic ccident. H sked how they Mr. Short s id they would op n it up i op n, now exist, th • nd ther would lo ding dock s . Mr. Hr. 111. • Board of Adjustment and Appeals Minutes -July 13, 1983 Page 6 • • .. Mr. Ferguson asked if they th ought that they might be refused because acute care has been refused in the south part of the metropolitan area. Mr. Oswald replied that Spalding is a rehabilitation center, and is not for acute care. There were no other speakers in favor of the variance. The Chairman asked if there were any persons wh o wished to speak in opposition to the request. Elinor and Homer Dunn, 3430 South Pennsylvania, came forward and were sworn in. Mrs. Dunn stated that they object to the height of the building. She stated that Swedish is for health care and does need to expand; however, Spalding is a two-story building with only 80 beds. The proposed structure will be many times the size of Spalding. She stated that building within two feet from the sidewalk is dangerous. At present there are seven outlets for cars and trucks, and there have been many near accidents. Wheelchairs go by all the time, and a two foot setback wil l make it even more dangerous. This building will take away three parking lots. These lots are kept empty for the three-to- eleven and eleven-to-seven staff people and is a terrible waste of parking space . Mr. Dunn stated that he wanted to be sure that Swedish does not disturb the alley when they change the sewer line. Mr. Hallagin stated that the Building Department would take care of that. Mr. Kreiling quoted Mr. Dunn as saying on December 19, 1969, "If the Swedish Medical Center wants to build, just go right ahead and build." Mr. Dunn stated that that was a different time, and the building was going in a different direction. Mrs. Dunn stated that they had closed their alley illegally twice. She stated that they did not expect to be able to stop Swedish, but as taxpay rs, they had the right to state their objections. Mrs. Dunn stated that they had been harass d so much that they would probably never sell their property to Sw dish. Th Ch irman asked if there were any rebuttal. Mr. Osw ld aid h had no rebuttal. The Chairman sk d that the staff r port be mad part of th record, and sk d if th staff wi sh d t o rna dditional comm nt . Hrs. Ro ns said the staff h d nothing additional. Th Ch ir n a k d if the City Attorn y wish d to add anything. Mr. DeWitt ked th dr wings nd docu nt s shown by Sw dish should b d part of th off i c ial record. This was don Th public hearin ardin c n. Discussion d. 11 fin liz d. visibility R aans what s in th said th th Pl nd Discuss! n ontinu d. Hr. s ymour ask d ab u th for ul or viaibility Cor co rn ra. Mra. Ro n iL il ba d n th sp d 0 th ca r a . l • • • • Board of Adjustment and Appeals Minut es -July 13, 1983 Page 7 BOARD MEMBER GAGE MOVED THAT FALICK/KLEIN PARTNERSHIP, INC. FOR SWEDISH MEDICAL CENTER, AT 501 EAST HAMPDEN AVENUE, BE GRANTED A VARIANCE PERMITTING AN INCREASE IN THE HEIGHT OF A BUILDING FROM 60 FEET TO 80 FEET AND A REDUCTION IN THE MINIMUM SIDEYARD REQUIREMENT FOR THAT BUILDING ON THE SOUTH PENNSYLVANIA STREET SIDE, FROM 15 FEET TO 2 FEET IN ORDER TO EXPAND THE EXISTING FACILITIES. THIS IS A VARIANCE FROM THE COMPREHENSIVE ZONING ORDINANCE, SECTION 22 .4-6 k (2) -MAXIMUM HEIGHT OF BUILDING, AND SECTION 22.4-6 m {3) -MINIMUM SIDEYARD. ADDITIONALLY, TWO CONDITIONS ARE MADE: 1. IF THE VARIANCE IS NOT USED WITHIN THE NEXT TWO YEARS, IT WILL BECOME VOID. 2. ON THE PENNSYLVANIA SIDE THE VIEW FROM THE DRIVE- WAY SHOULD CONFORM TO THE STANDARDS OF THE ENGLEWOOD CORNER SITE TRIANGLE REQUIREMENTS. Board Member Ferguson seconded the motion. Upon a vote all seven members voted in favor of the variance, and the Chairman ruled that the variance was GRANTED. The board members gave their findings of fact as follows: Mr. Kreiling voted "yes" because the applicant is in need of a variance for expansion in relation to the property line; however, with th eventual closing of Pennsylvania. the variance will not be necessary. The height of the expansion is less than the existing building, and addi- tional parking is being provided for employees in the new structure on the south side of Hampden. r. tor d "y s" bee u th d i 1 c of the varianc b caus th commun ity. ddition will b th Th o be th b b vari nee will allow Sw dish M dical addition of Cr i h a b n fin ood for th community. quir nt nd th rantin o thi variance . the addition of Spaldin th y met th eix r quir ilitie th re. nts nd th wil l d th l th h y ul ill d h six r quir ar a is zon d for a hoapit 1. slat d th t h n urr d with th r at th pplic nt v plann d w 11, it ta h d d in a poaitiv dir ctton. rd. H xp n ion, "' • * "' • • • ,. Board of Adjustment and Appeals Minutes -July 13, 1983 Page 8 • • • The Chairman declared that Case No. 12-83, Kenneth Freeman, 4461 South Washington Street was officially opened. He asked the staff to identify the request. Mr. Yenglin stated that Mr . Freeman was requesting a reduction in the minimum required front yard from 25 feet to 21 feet to construct a porch. This is a variance from the Comprehensive Zoning Ordinance, Section 22.4-4 h (2) (a) -Minimum Front Yard. Kenneth Freeman, 4461 South Washington, Englewood, was sworn in. He stated that he wanted to build a porch in the front of the house that would extend four feet beyond the existing building. This porch will not have a roof over it, it will be a redwood deck with a handrail around it. The setback requirement would allow a porch of only one foot, ten inches. The porch will improve the look of the front of the house, and also make it usable for sitting. He is in construction work and he owns a cabinet making shop now. There were no questions from the Board. There were six letters from adjacent property owners who were in favor of the request submitted by Mr. Freeman. There were no other speakers in favor of the request. There were no speakers in opposition to the variance. The Ch irman asked that the staff report be made a part of the record. Th staff had no further comments. The Chairman stated that he had proof of posting and publication. BOARD MEMBER DAWSON MOVED THAT IN CASE NO. 12-83, KENNETH FREEMAN, 4461 SOUTH WASHINGTON STREET, BE GRANTED A VARIANCE TO PERMIT A REDUCTION IN TilE MINIMUM REQUIRED FRONT YARD FROM 25 FEET TO 21 FEET TO CO STRUCT A PORCH. THIS IS A VARIANCE FROM THE COMPREHENSIVE ZONING ORDINANCE, SECTIO 22.4-4 h (2) (a) -MINIMUM FRONT YARD. Bo rd M mber Halla in s cond d th motion. Upon a vote all sev d cl r d that the v ffirmativ , nd th Chairman Th board Hr. six o re oth block. b ra gave their findin as follow : d t t he voted in favor of th 11 pprov d, there w d n't confo~ to th r quir d in v t d "y c u , it t th aik conditions , and r • th t of th nic and • Board of Adjustment and Appeals Minutes -July 13, 1983 Page 9 • • • Mr. Brown voted "yes" because it will improve the property and the zoning ordinance will not be weakened by granting this varianc . Mr . Gage voted "yes" because it will enhance the front of th house. It will not weaken the eneral area. There are other houses in the area encroaching. Mr. Ferguson voted "yes" because the granting of the variance will upgrade the appearance of the building and enhance the neighborhood. Mr. Seymour stated that he concurred with the rest of the Board. The Chairman told Mr. Freeman that he could apply for the building permit at the Building Department. The Chairman declared a recess at 8:57 p.m. ****** The July 13, 1983 meeting of the Board of Adjustment and Appeal s was reconvened at 9:10p.m. MEMBERS PRESENT: Kreiling, Hall gin, Dawson, Brown, Gage, Ferguson and Seymour. MEMBERS ABSENT: on . ALSO PRESENT: Th Chairaaan d s o ficially Mr. Y n lin at Dorothy A. R Dev lop nt ns, A sistant Director of Community Rick Witt, City Attorn y Lar r y D. Y n lin, Pl nn r I Sh ryl Rouse , R cardin S cr t ry . 13-3 t. Dir ctor of Community I f • ) • Board of Adjustment and Appeals Minutes -July 13, 1983 Page 10 • • .. $25,000. The signs are located on the building in which the applicant does business, they are s tructurally safe, and they do not obscure the vision of motorists or anyone else. They are compatible with the rest of the building and its surroundings. They are simple, we ll--designed and well-maintained signs, and they blend well with the architec ture of the building. These signs are necessary to provide identification of the applicant's place of business . There is no other suitable place on the building for signs. The bank's main competitor in this area (First Interstate Bank of Englewood} does have signs whi ch identify its place of business, and the applicant would be seriously harmed if the bank were not provided comparable opportunity to identify its place of business. The signs satisfy the goals of the City's Sign Code and do not interfere with adjacent properties. Mr. William Pendleton, Senior Vice President of the First ational Bank, 5745 South Monaco, Englewood, 80111, was sworn in. He stated that The First tional Bank has been in Englewood for 73 years, since December of 1910. They have tried to be a good member of the community and to be responsible and responsive. He stated that they have been renovating th bank, both inside and outside. Mr. Pendleton stated that he feels that the bank with its sign is a landmark in the community and he uld like to continue the use of the signs. There w r no urther speakers in f vor of th request. Ther w r no speak rs in opposition to th variance request. The Chairman stat d r nt Hr. d v rification of posting and publication. He sked th t r port b mad part of the record, nd asked if th staff mak additional comm nts. u of •i&n•. 81 tu tion, nd th ai n• •t•t d th t th Public th Th Fir•t tion 8 n •1 nd th v ri r•. • • • • Board of Adjustment and Appeals Minutes -July 13, 1983 Page 11 BOARD MEMBER BROWN MOVED THAT THE FIRST NATIONAL BANK OF ENGLEWOOD BE GRANTED A VARIANCE TO PERMIT THE CONTINUED USE OF ITS ROO F SIGNS AT 333 WEST HAMPDEN AVENUE. THIS IS A VARIANCE FROM THE COMPREHENSIVE ZONING ORDINANCE 22.7-8 h-SIGNS PROHIBITED IN ALL ZONE DISTRICT. Board Member Hallagin seconded the motion. Upon a vote, six members voted in the affirmative, while Mr. Gage abstained . The Chairman declared that the variance was GRANTED. The memb rs gave their findings as follows: Mr. Kreiling stated that no code is perfect. The peculiar method of screening the rooftop utilities and erecting the sign in 1970 complied with the then existing zoning ordinance. There is no wa y to move the sign back to the screening wall without burying the sign. There is no way of moving the screening wall out to the sign without great expense. Mr. Hallagin voted "yes" because they met all four of the requirem nts for granting a variance from th Sign Code. Mrs. Dawson voted "yes" becaus this w s one of the cases which c nnot be covered in the Sign Cod . The signs are structurally safe, they do not obscure the vision of the motorists, and do not compete or conflict with traffic. Mr. Brown voted "yes" bee use The First tional B nk ne ds ita id ntific tion nd that is the only pl ce on th buildin wher they can put it. It ives th b nk an equal opportunity to advertise and has no bad ffecta on th community. Mr. F rguson voted "y s" b cau th a i n ta th r quir nta for varianc for a ai n. It is d 8i ned to fit in with th build in Mr. Seymour voted "ye " b cau this is th only w y for th Ban to achiev id ntification. * * * * * . 14-) w a p at n d ntil Au u t 10, 1 ), . th r u t 0 th ****** • • Board of Adjustment and Appeal Minutes -July 13, 1983 Page 12 • • • BOARD'S CHOICE. Mr. Gage stated that he would be going on vacation and requested that his packet be ready for him earlier than usual. Mrs. Romans stated that there will be nine cases, but the staff wou ld try to have the packets ready. Mr. Brown said that he would be unable to attend the meeting. Mr. Hallagin asked if the Board had not agreed that they would hear only five cases at a meeting. Mrs. Romans said that it is very difficult to turn down applicants who have their requests in prior to the deadline. The meeting was adjourned at 9:40 p.m. • • • - " GL"WOOD 00~1 . TO nF:VF.L OPMENT AUTilORITY 3535 S. Sherman -F.nglewood, CO 80110 MINUTES August 3, 1983 5 c Board Members Present: Close, Casson, Holthaus, Mausolf, Maxw 11, eal, Own s, Pendl t on , Tamooka Board M mbers Ab ent: Col n, Kaufman Staff Pr sent: M. Haviland, P. Di trich Guests: Geo rge Allen Chairman G ason call d th r gu1 11 nt Authority llo rd of Di r ctor r m ting of th Fn 1 to o r d r at 12:10 P ood wntown on Au uat 3, I v lop- 3. r. r.aaaon w lcom rl th n , and Walt r T n w1y appoint d Dir ctors: oka. J. c. Maxw 11, Rach 1 out tn por wo haa n t • th •tnut o for pa nt. in lutt • Page Two Regular Meeting Minutes August J , 1983 • • - WHEREAS, Jeanette Bush has been deeply involved in the activit! s of th e Eng lewood Downtown Development Authority; NOW , THEREFORE, LET IT BF RF.SOLVED that the Board of ntrectors sin cerely thank Jeanette Bush for her pu blic service, work, and ded ica t ion to the Englewo od Downtown Development Authority . This Resolution was passed unanimously by voice vote. DIRECTOR 'S REPORT nesi n R view Committee: Mr. Mausolf moved, s conded by Mr. Maxwell, to appoint Ed Co rdova, nick Ko necne, and Walt Tamooka to th Desi n Review Committee for th Broadway Facade Imp rov ement Program. This co itte would also work with th City in a public r elations rol for th Facade Improvem nt Program. The motion was passed unanimousl y by voic vote. Work Pro ram: Mr. Maxwell moved, s conded by Mr. Clos , to approv th r - vis d work prog ra m of th xecutiv Dir ctor. Discussion followed. Th addition o! a commitm nt by EDDA to h lp the xi ting bu in s ' in d wntown Engl wood to stay in Englewood durin th r dev lopm nt proj ct was add d o th work pro ram. The tion was th n pa~s d unanimously bv voi~£ v t . A qu stlon was rais d th 1 ct rtcity of th look into t is. s to wh th r or not th EDDA hould b paving parking lot and th Walk Thru. Th EDDA Staff r. G org Allen, ~nglewood Plannin Co ission, pr nt d is u t tra~h coll ctlon nd th land aping ordtnanc to th ~oard. r or ill ardln p . • r "' no a r1 n a n. n !urth r in a, t tin& w a dj urn d t 1: p • • ( ( Milton Senti Co . 4285 South Broadway Eng lewood Co lorado 80110 OffiCe 3031761-4004 August 19 , 19 8 3 Mayor Otes 3400 So. Elati Street City of Englewood Dar Mayor Otes, • • • li EC Ei VEL I d!i .'~ l 'JU; CITY MAN.1(;t l\'!i U~rl(;f: ENGLEWOOD Effec ivc, Augusl 19, 1983, I am resigning from Lhe Planning and Zon~ng Board. Due to a recent move from the City of Eng1wood, I am no longer eligible to serve. Thank you very much for this opportunity given me. S~ncerely yours, . ~L £ I . :n;,(r;; ... 5 Aclt Milton E. Senti MES/dm CCI file • ~·~I • ) • • C 0 U N C I L DATE August 26, 1983 • • ,. • C 0 M M U N I C A T I D N AGENDA ITEM tttB SUBJECT Mountain State Telephone and Telegraph Co. License Agreement INITIATED BY Mountain State Telephone and Telegraph Co. & Water and Sewer Board ACTION PROPOSED _____ A~p~p~r~Ovue~twhe~Ho~u~nat~a~jn~B~elul~C~J·t~y-~DJu't~cuh~A~g~re~e~me~ntL-______ __ INTRODUCTION The license agreement allows Mountain Bell to place two 18 inch steel casings over the culvert at the intersection of Main Street, Littleton Blvd. and Alamo Avenue w ich will enclose the City Ditch. This will not interfenewith the usual or ordinary flow of water through the Ditch. In the event that the two steel casings should interfere with any future use of City's righ s-o -way by the City, Mountain Bell, upon request, and at its sole expense, shall relocate, rearrange, or remove its installations so as not to interefere with any such use. The estimated comple ion da e is the first two w eks of September, 1983. Th agree nt has be n revf d by th City Attorn y's Office. CIAL DETAILS To approv th n 11 City Oftch Ag nt. • -• • • LIC~Ns;; AGRE EMENT THIS AGREEMENT, made and entered into thlo _____ doy of __ ----0 983 by and bet11een the CITY OF ENGLI::WOOD , COLORADO, a •uniclpal ~o rporation of the State of Colorado, her tnafter r ferred to •• .. City .. , and The Mountain States Telephone and Tele rap h Co• any, er~ln ftrr referred to as "Licensee", WJT ~SSf.TH Th City, without any warranty of itlf tlt le or ln t re~t ,.h.Hsol'V('r, hereby authortzea Licenaee, ita aucceaa ora and asatana, to place two 18 inch at el CAlling& over th culvert whi ch enclo11 a the City Oilch, altu.tted in the Southwoot 1/4 of Section 16, Townahip 5 South, Range 68 Weot of the 6th P.M., 110re particularly deacribed in Exhibit A attached hereto. I. Any conotruct1on conte11platod or porfor•ed under thio Liconae ahall co•ply with and confor• to atandarda for•ulated by the Director of Utillttea of the City and such conatructlon ah ll be perCoroaod ·""' co•plotod accordina to tho plan and within the tolerencoo &ivan on th• City'a drawtnao, conaiatina of ono ohoat, hereto and Mdo a part hereof, copy of which l• ttachrd 2. Llte ae a ll notlfy tha Clty'o Director of Utilitl oa, at loa t lhr .. (J) ol.oy prl r to t •• tiM 1\l f Lh of, or 1n1 repot ra 4 to, Ltcenaoo'e aald o •teal c aal naa ~· othe r telbtlo reuf • o t t t City ..,y, In H• d • r llun, ) 4 .. t• of •t• •111 , Ll ..... •u , vlolbl n4 ll co II ., Cl ttl d, • • • • • 4. City shall have the right to maintain, install, repair, remove, or relocate the City Ditch or any other of ita facilities or installations within City's rights-of-way, at any ti~ and in such manner as City dtH!ms necessary or convenient. City reserves the exclusive right to control all easements and installations. In the event said two steel casings should interfere with any future use of City's rights-of-way by City, Licensee shall, upon request and at ita sole expense, relocate, rearrange, or remove ita installations so as not to interfere with any such use. 5. Any repair or replacement of any City installation 1nade necessary, in the opinion of City's Director of Utilltiea, because of the conetructlon of the aaid two steel casings or other appurtenant lnstallatt o n e ther eo f ohall be lllllde at the sole expense of Licensee. 6. The stipulations and conditione of thia Licenoe hall be incorporated into contract •Pecificat1one if the conetruction heretn author had ia to be dona on a eont ract buia. 1. Th ri&hto and prtviloaeo granted in thio Licanoe ohall be oubject to prior aareeMntl, licen1e and/or arante, recorded or unrecorded, and lt ohall be Licanoee'o oola reaponoibillty to deter•ine the exiotenca of oald docu•ntl o r confl t c ltna u8e l or ln t lltltt ton•. L l c eno ee ahall conco c t and fully c oop r t o with C it y '• di tc h foro .. n and th c r oina ohall 110d without lntufaranca with any U.wfu l uouo l o r o r diMry rtn .. of wu e r th r o u ah t h e Cit y Di tch . Llc•n• • ohall II U 11 rla 1 I n nl to t he po oibla preunco o t tu ch wnora, o r of et ra w ter•• rr " t r. In t City Dit '· II 1 t n a whhl City '• ri hta"'()f w tl be ... flllld d .. co c e d lt lft U.y au t o • ••cl ••• (t) lnchu Ill It ..... ... , ( &) .. ... P r 1 nr lty. Lite ••• ll ..... rl II • or pr erty Ill • • ) • , -• • - performs any work in connection with the crossing provided by this License . Licensee assumes responsibility for maintenance of the installation for a period of one (l) year, whereupon all interest, lia b ility , and co ntr ol l• conveyed to City. 11. Licensee shall indemni f y and save harmless the City , its officers and employees, against any and all claims, damages, actions o r causes of action, and expenses to which it o r they may be subjected by reason of said t wo stee l casings belng within and ucrotul the premises of City or by n.~.1t~0 1 1 of any work done o r omission made by Licensee , ito agents or employees, in connection with th construction, repla ceraent , maintenance or repair of said installation. 12. It ia expreaaly agreed that in caae of Licenaee'a breach of any of the within proalaea, City •ay, at ita option, have specific performance thereof or aue for da.aaea reau4 tin& from such breach. 13. Upon abandonMnt of any ri&ht or privileaa herein aranted, the rtaht of Licanaea to that extent ahall ter•inate, but ita obltaation Lo inde.nHy and aava har tdeu City, ita offica ra and e11ployeea, ahall not teralnata in any event. In anntin tull uaa of th operation ot th APP OV D1 the abov u th oria at1on, Ci ty raaarvaa the rl&ht to uke property involved aa My neceaaary or con venient in the w lar wurlr.a plant and ayale• und r the control of City. ClTY atttna til.! • CXll.O d throuah lu alar Advtaory 8 rd Uttllttn ., __________________ __ Alt all Co . • • • .. ORDINANCE NO. SERIES OF 198~3------ • • - BY AUTHORITY COUNCIL BILL NO. 42 INTRODUCED BY COUNCIL MEMBER NEAL AN ORDIN ANCE APPR OVIN G A COLL~CTI VE BARGAINING AGREEMEN T BY AND BET WEEN CITY OF ENGLEWOOD, COLOR AD O, AND ENGLEWOOD FIREFIGH T ER ASSOCIATI ON, EFFECTIVE JANUARY l, 1984 THROUGH DECEMBE R 31 , 1 9 85 . WHEREAS, a tentative agreement dated August , 1983 by and between the Cit y of Englewood and the Englewood F irefighter Association has been executed by representatives of each of th e said parties ; and WHEREAS, said tentati ve agreement was duly ratified b y a majority of the members of the Englewood Firefighter Asso c iation; and NOW , THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. That the tentative agreement dated August 9, 1983 by and between the City of Englewood , Colorado , and the Englewood Firefighter Association, effective January 1, 1984 through December 31 , 1985 , a copy of which is attached hereto and made a part hereof, be and the same is hereby approved . Section 2. That the Mayor of the City of Englewood is hereby author1zed and directed to execute the Collective Bargaining Agreement between the City of Englewood and the Englewood Firefig h ter Associati o n dated August 9 , 1983 , and the Director o f Finan c e, ex off ici o Ci ty Cl rk Treasurer , shall attest the same. Sec t io n 3 . A c opy of s aid Agreement is on fil w1th the Director of F i n a n c e, ex of fi cio Ci t y Cl rk Treasur r, a summary o f wh ic h i s a s follo ws : S id Ag r eement con is t s of 20 ty pe wr itt e n pages , titl d "Aqreem nt Bet w n Englewood f i r e f ight r Local 1736 International Associ tion o Fi r e F yhte r s nd Ci y o ngle ood ." Th uration o( th Agr emen is r o January 1 , 1984 to and including D cember 31 , 1 85 . hter aid Assoc t1on Employe righ • • • -• • • insurance and health insurance are provided for. Retirement benefits are as defined under City Plan and State Statutes. Layoff procedure is defined. Procedure for settlement of disputes is provided for. Dues deductions, rules and regulations, bullet i n boards for Association activity, shift exchange, acting pay, automobile allowance and exclusiveness of agreement protection are provided for in said Agreement. Compensation is provided for in said Agreement and is generally 5.75% for each of the years of the contract . The foregoing is only a summary of the Agreement and is not intended to modify, define or interpret any of the provisions of said Agreement, the Agreement being of full force and effect and adopted hereby. Introduced, read in full, and passed on first reading on the 15th day of August, 1983. Published as a Bill for an Ordinance on the 17th day o f August, 1983. Read by title and passed on final reading on the 6th day of S eptember, 1983. Published by title as Ordinance No. ________ , Series of 1 983, on t h e 7 th day of September, 1983. ~uge n L. Otis , Ma yo r Attes t: e x offlc1o City Cle rk-T r e a s urer I , Gary R. Hig bee , x officio City Cle rk -T r e u r c of the City of Engle wood , Colorado , hereby certify that the abov and oregoing is a true , ccurate and complete copy of the Or dinanc pass d on final reading and published by title •• Ordinance o. , S ri a 0 l 3. 2 • • ORDINANCE SERIES OF / N0.1~ 1983 l!Y AUTHORITY • • • COUNCIL BILL NO. 30 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN O~DlNANCE APPROVING AN AGREEMENT WITH CHERRY HILLS FIRE PROTECTION DISTRlCT PROVIDING FOR MUTUAL/AUTOMATIC AID FOR FIRE PROTECTION FOR BOTH ENTITIES. WHEREAS, assistance from other fire protection agencies provides a higher level of protection for the City of Englewood; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF ENGLEWOOD, COLORADO: Section 1. That an agreement entitled "Mutual Aid/Automatic Aid Agreement (Fire) 1983" is hereby approved by the City Council, said agreement provides as follows: MUTUAL AID/AUTOMATIC AID AGREEMENT (FIRE) 1983 THIS AGREEMENT, made by and between the CITY OF ENGLEWOOD, COLORADO , a municipal corporation , hereinafter called "Englewood," and CHERRY HILLS FIRE PROTECTION DISTRICT, hereinafter called "Ch rry Hills," WITNE SSETH WHEREAS, Englewood is a municipal corporation organized and existing pursu nt to Article XX of the Colorado Constitution , its Chart r, and Ordinanc s; its t rritorial jurisdiction generally is the 1 gal bound rie of the City of Englewood , Colorado; nd WHER AS, Ch rry Hills is a fire protection district organiz d and existing under Part 3 , Chap r 32, of 1973 C .R.S.; nd each o h r to maint in mergency 1 • • • • • • .. WHEREAS, it is to the interest of each of the parties that th ey may have service of and from the other party to aid and assist them in the purpose of fighting fi res or responding to other e mergencies; NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the parties as follows: I. MUTUAL AID: 1. For and in consideration of the promises of Cherry Hills , hereinafter set forth, Englewood agrees with Cherry Hills that in the event there are emergencies in the territory served by Cherry Hills which are beyond the control of the fire department of Cherry Hills, whether because of use of their equipment at other places or because of the intensity of the emergency, or otherwise, Englewood agrees, sub j ect to the limitation hereinafter set forth , to aid and assist Cherry Hills by causing and permitting its fire department and its equipment to be used in responding to emergencies i n the territorial area of Cherry Hills, and the need for s uch aid and assistance shall be determined by the fire depa rtment of Che rr y Hills , subject , however, the the following limitations : Engle wood shall be e xcused from making its equipment and services available to Cherry Hills in the event of the need of the emergency equipment and the manpower within the territorial area of Engle wood , or their prio r use at any place, wh ich decision of availability shall be made by the fire department of Engle wood , and which decision shall be conclusive . 2 . For and in conside ration of the promises of Engle wood , h reinafter set forth , Cherry Hills agrees with Engle wo od that in the vent there ar fires or other emergenci s in the territory serv d by Englewood which a r e beyond the control of the fire department of Englewood , whether because of use of their equipment at other places or because of the int nsity of the emergency , or otherwise , Ch rry Hills agrees, subject to the limitation hereinafter t forth, to aid and assist Englewood by causing and perm tting Cherry Hills Fire Department and equipment to be us d in r sponding to m rg nci s in the territorial ar a of Englewood, and he need for such id and ssist nee sh 11 b d t rmined by th f re department of lngl wood, subject, how ver, to the following limitation: Ch rry riills shall b excused rom m king its equipm nt or vailabl to Engl wood he even of th n ed o the ncy uipment or ne d of h m npower within he terr tori 1 Ch rry Hills, or th t prior us any pl ce, whi ch decls on of availabili y shall b de by h ire department o Ch rry Hills, nd hich d ciaion shall b conclusive . 2 • • • ' • • • ,. • 3. The services rendered by one party to the other are of equal value to the services rendered by the other party, and there shall be no charges made by the one party for the services rendered to the other party, except that in the event of equipment damage by reason of the action of the employees of the other party, the liability and loss shall be determined on the basis of the fault or negligence of any employee. If the employee is determined to be at fault or negligent, the party employing that employe shall be liable for the loss. 4. Each party shall be expected to maintain its equipment and organize its emergency response method with both manpower and equipment to the degree necessary to cope with the ordinary and routine emergencies arising within its boundaries and for which the party is organized. Neither party shall expect the other to respond to emergency calls where the emergency arises due to a failure to organize available manpower or maintain equipment in proper working order and in sufficient quantity to meet the respective demands of the persons and property within each of the parties' respective jurisdictions. II. AUTOMATIC AID: 1. It is understood and agreed that the Englewood Fire Department (pumper units) will respond from Jefferson Station and/or Acoma Station into Cherry Hills Fire Protection District as part of the initial response through automatic dispatching by Englewood dispatchers into the below defined areas. DEFINED AREA -CHERRY HILLS: generally extending east and west from the east city limits of Englewood to Little Dry Creek on Franklin Street, north and south from U.S. 285 to South Sherman Street (5 400 Block). 2 . It is under s tood and agreed that the Cherry Hill s Fire Department wil l re spo nd from Station tl into Englewood 's district as part of the initi 1 response through automatic dispatching by Englewood dispatchers into the below def1ned areas. DEFINED AREA -ENGLE WOOD: gen rally extending t nd west from the east city limit to South Logan Street, north and south rom Dartmouth Av nue to Tufts Avenue. lii. OTHER P OVISIONS: 1 . Either party hereto may termin thi con ract withou cause upon th rty (30) d ys ' prior wr i en no ice to th o h r . • • - {' • • • t' • IN WITNESS WHEREOF, the parties hereto have executed this Agreement this day of , 1983 . Attest: Gary R. H1gbee, ex off1c1o City Clerk-Treasurer Attest: Secretary CITY OF ENGLEWOOD, COLORADO a municipal corporation By __ ~----~--~~--~-------Eugene L. Ot1s, Mayor CHERRY HILLS FIRE PROTECTION DISTRICT By __________ ~~--~~~,-~ Board Pre s1dent By------------~~--~~~----Fire Chief Section 2 . Th City Council of th City of Engewood h reby author1zes the Mayor and ex officio City Clerk-Treasurer to sign and att st the same for and in b half of th City of Engle wood . Introduced, read in full, and pas ed on first reading on the 15th d y of August, 1983. Publi hed a a ~ 11 for n Ordinance on the 17th d y of August, 1 83. Read by itl and passed on in 1 reading on the 6th day of S ptelllber, 1983 • • • ...... • • .. Published by title as Ordinance No. ________ , Series of 1983, on the 7th day of September, 1983. Attest: Eugene L. Ot1s, Mayor ex officio city Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and complete copy of the Ordinance passed on final reading and published by title as Ordinance No. , Series of 1983. Gary R. Higbee • ....... • ORDINANCE NO. ~p SERIES OF 198~ • • .. BY AUTHORITY COUNCIL BILL NO. 45 INTRODUCED BY COUNCIL MEMBER FITZPATRICK AN ORDINANCE APPROVING AN AGREEMENT WITH REGIONAL TRANSPORTATION DISTRICT. WHEREAS, the City of Englewood has received from the Regional Transportation District an offer of funds for transit related improvements; and WHEREAS, the City desires to enter into an agreement to accomplish the improvements; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. An Agreement titled "Regional Transportation District Trans1t Street Improvement Agreement" attached hereby and marked Exhibit A is hereby approved by the City Council of the City of Englewood, Colorado, and the Mayor of the City of Englewood i s authorized to sign and the City Clerk is authorized to attest the Agreement. Section 2. The Agreement generally provides as follows: (a ) The pro j ect consists of one radius mod i fi c ati o n and si x bu s pad s ; (b) R.T.D. s hall pay to the City of Englewood up t o $2 8,3 99 f o r th e pr oj c t. In tr oduced , r ad in f ul l, and pas s d on first r ading on the 15th day of August , 1983 . Publish d as a Btll for an Ordinance on th AU9u8t , l 83 . 7th d y of Read by title and pass d on f nal r eading on the th day of 5 pte~b r , 1983 . • ) I • - • • • • • Published by title as Ordinance No. , Series of 1983, on the 7th day of September, 1983. -------- Eugene L. Ot1s, Mayor Attest: ex offic1o City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and complete copy of the Ordinance passed on final reading and published by title as Ordinance No. , Series of 1983. Gary R. Hlgbee • • • ORDINANCE NO.,(f /~ SERIES OF 198~ • • • BY AUTHORITY COUNCIL BILL NO. 45 INTRODUCED BY COUNCIL MEMBER FITZPATRICK AN ORDINANCE APPROVING AN AGREEMENT WITH REGIONAL TRANSPORTATION DISTRICT. WHEREAS, the City of Englewood has received from the Regional Transportation District an offer of funds for transit related improvements; and WHEREAS, the City desires to enter into an agreement to accomplish the improvements; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section l. An Agreement titled •Regional Transportation District Trans1t Street Improvement Agreement• attached hereby and marked Exhibit A is hereby approved by the City Council of the City of Englewood, Colorado , and the Mayor of the City of Englewood is authorized to sign and the City Clerk is authorized to attest the Agr e nt. c 1on 2. The Agreement generally provides as follows: (a) The project consists of one radius modification and six bus pads; (b) R.T.D. shall pay to the City of Englewood up to $28 ,399 for th proJect. Introduced, r ad in full, and passed on first reading on th 1 th day of August, 1983. Publish d a a Bill for n Ordinance on the 17th day o Au us , 1 83. Re d by itle and passed on final reading on the 6th day of September, 1 83. • • -• • • Published by title as Ordinance No.'jf~ the 7th day of September, 1983. Attest: ex off1cio City Clerk-Treasurer , Series of 1983, on Eugene L. Ot1s, Mayor I , Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and complete copy of the Ordinance~~sed on final reading and published by title as Ordinance No.~, Series of 1983. Gary R. H1gbee • I • • • • • 7JJ BY AUTHORITY ORDINANCE NO. 11 SERIES OF 1983 COUNCIL BILL NO. 47 INTRODUCED BY COUNCIL MEMBER HIGDAY AN ORDINANCE TO CONTRACT AN INDEBTEDNESS ON BEHALF OF THE CITY OF ENGLEWOOD, COLORADO, AND UPON THE CREDIT THEREOF BY ISSUING GENERAL OBLIGATION BONDS OF THE CITY IN THE PRINCIPAL AMOUNT OF $4,600,000, FOR THE PURPOSE OF ACQUIRING LAND AND CONSTRUCTING AND EQUIPPING A COMMUNITY CENTER AND RELATED APPURTENANCES FOR THE CITY AND ITS INHABITANTS; PRESCRIBING THE FORM OF SAID BONDS AND PROVIDING FOR THE LEVY OF TAXES TO PAY THE BONDS AND THE INTEREST THEREON, AND PROVIDING OTHER DETAILS IN CONNECTION THEREWITH. WHEREAS, the City Council has determined that it is necessary to acquire land and construct and equip a community center and related appurtenances for the City and its inhabitants: and WHEREAS, the estimated cost of such improvements is approximately $4,680,000, and the City Council has determined that general obligation bonds of the City in the amount not exceeding $4,600,000 should be issued for such purpose, with the balance of the cost of the improv ments to be derived from interest income on bond proceeds or other lawfully av ilable revenues of the City: and WHEREAS, a a sp cial municipal election called for such purpose on Ha y 17, 1983, a majority of th r gistered quali- fied lector of th City vo ing th reon approved the issuance of th bonds or such purpose, th qu ation aubmitt d b ing a follows: -1 • • • - • • • • • WH EREAS, the issuance of the bonds will not exceed the debt limitation of the City; and WHEREAS, the City Council has further determ ined to issue and sell such bonds to United Bank of Denver ---------' in accordance with their proposal dat ed 1\uqu sJ..__l 'J , , 1983; and WHEREAS, the City Council has determined at this time to authorize the is~uance of bonds in the principal amoun t of $4,600,000; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. Authorization. That in accordance with the constitution of the State of Colorado, the home rul e charter or the City, and the provisions of this Ordinance, the City shall issue its general obligation bonds, each to be designated "General Obligation Bond, Series 1983", in the total principal amoun t of $4,600,000 (hereinafter referred to as the "Bonds"), in order to provide funds for the purpose of acquiring land and constructing and equipping a community center and related appurtenances for the City and its inhabitants . The Bonds shal l constitue general obliqations of the City , and the full faith and credit of the City shall be pledged for their payment. Sect ion 2. Bond Details. That the Bonds shall be issued only as fully registered Bond s without coupons in the denomination of $5,000 each or any integral multiple thereof. Unless th City shall otherwise direct, the r gist red Uondb shall be numbf'red separately from 1 upward, with th number of each Bond preceded by "R-". The Bonds shall be dated s of Octob c 1, 1983, nd ahall bear intereat payable aemiannually on each Jun 1 nd D cember 1 , comm nc ng on June 1, 19 84, nd a hall a tur e on th let day of D c mber e ch ye r, a follow -17 - • • • • • Maturity Amount Interest Hut c 12/1/1985 $105,000 12/1/1986 115,000 12/1/1987 125,000 12/1/1988 135,000 12/1/1989 150,000 12/1/1990 165,000 12/1/1991 180,000 12/1/1992 . 200,000 12/1/1993 215,000 12/1/1994 240,000 12/1/1995 260,000 12/1/1996 290,000 12/1/1997 315,000 12/1/1998 345,000 12/1/1999 380,000 12/1/2000 420,000 12/1/2001 460,000 12/1/2002 500,000 The net effective interest rate of this issue of 9.5716% Bonds is ___ per annum. Bonds of the issue maturing on and after December 1, 1994, are subject to redemption prior to maturity, at the op- tion of the City, as a whole or in integral multiples of $5,00 0 , in inverse order o( their maturity, on December 1, 1993, and on any interest payment date thereafter, upon payment of par , accrued interest, plus a premium of 1\ of the principal amount so redeemed. If less than all of the Bonds within a maturity dat r to be redeem d on ny prior r demption date, th Bonds to b red m d shall b a lected by lot, in such mann r aa th Bond Registr r ahall det r in , provided that such selection sh 11 not have an adverse eff ct upon th ab lity of th City to p y the principal o the aonda outatand n<.iJ. The Bonda ahall b redeemed only n int CjJral aultipl a of $5,000. In th v nt; Bond a of a deno nation larger than SS,OOO, portlon o a ch Bond may b redeem d, but only ln h p in p 1 un SS, 000 -1 • • • • • or any integral multiple thereof. Such Bond shall be treated for the purposes of redemption as that number of Bonds which result from dividing the principal amount of such Bond by $5,000. In the event any of the Bonds or portions thereof (which shall be in amounts equal to $5,000 or any integral multiple thereof) are called for redemption as aforesaid, notice thereof identifying the Bonds or portions thereof to be redeemed will be given by the Bond Registrar by mailing a copy of the redemption notice by first class mail (postage prepaid) not more than 30 days and not less than 15 days prior to the date fixed for redemption to the registered owner of each Bond to be redeemed in whole or in part at the address shown on the registration books maintained by the Bond Registrar. Failure to give such notice by mailing to any Bondholder, or any defect therein, shall not affect the validity of any proceeding for the redemption of other Bonds. All Bonds so called for redemption will cease to bear interest after the specified redemption date provided funds for their redemption are on deposit at the place of payment at that time. If the date for payment of the principal or interest on this Bond shall be a Saturday , Sunday, 1 gal holiday, or a day on wh ich banking institutions in the ci y wher the corporat trust off ice of the Paying Agen is loca d ar utho rized by law or executiv order to clo a , th n th dat e for such paym nt hall b the n x succeeding day which is no a S urday , Sund y, 1 gal holiday, or a d y on wh ich such banking ins tu 10ns ar au hor- ized o clo on such da ah 11 hav th sam fore and fee aa on dat of p y ion 3. onds a o Am riea Uni !nql 9 n ood, 1n Enql wood, Colorado , or 1 a ( h to th upon pr 1 nta 10n his 0 dtnane to h pay 0 reon • Th th -• • • his address as it appears on the registration books maintained by or on behalf of the District by Affiliated First National Bank of Englewood, in Englewood, Colorado, or its successor, as bond registrar (the "Bond Registrar"), at the close of business on the Record Date, such date being the fifteenth (15th) day of the calendar month next preceding the interest payment date, ir- respective of any transfer or exchange of such Bond subsequent to such Record Date and prior to such interest payment date. Such payment shall be paid by check or draft of the Paying Agent. Sect ion 4. Form and Execution of Bonds. The Bonds shall be signed with the facsimile signature of the Mayor of the City, sealed with a facsimile of the seal of the City, and attested by the facsimile signature of the Director of Finance, ex-officio City Clerk-Treasurer. Should any officer whose fac- simile signature appears on said Bonds cease to be such officer before delivery of the Bonds to the purchaser, such facsimile signature shall nevertheless be valid and sufficient for all purposes. The Bonds shall be in substantially the following form: -20 - • - No. R-__ _ • • • (Form of Bond ) (Front of Bond) UNITED STATES OF AMERICA STATE OF COLORADO COUNTY OF ARAPAHOE CITY OF ENGLEWOOD GENERAL OBLIGATION BOND, SERIES 1983 $ __ _ The City of Englewood, in the County of Arapahoe and State of Colorado, for value received, hereby acknowledges itself indebted and promises to pay to --------------------------------- -----------------' or registered assigns, on December 1, 19 __ , the principal sum of --------------------------------------------------- Dollars ( $ ) and in like manner to pay interest on such principal amount (computed on the basis of a 360 day year or twelve 30-day months) from the interest payment date next pre- ceding the date of registration and authentication of this Bond, unless this Bond is registered and authenticated prior to June 1, 1984, in wh ich event thi s Bond shall bear interest from Octob r 1, 1983, at the rate of p r centum ( _____ ) per annum, payable on June 1, 1984, and semiannually thereafter on December 1 and June 1 ach year, until such principal amount is paid, unle ss thi s Bond sh 11 h v be n previously called for r d mption and p ym nt shall hav b n duly made or prov i d d for. The principal of this Bond is paya 1 in 1 wful money of the Uni ed States of A erica A tlia ed First National Bank of ngl wood, in Englewood, Colorado, or ta successor , as pay ng nt ( th A n w). 0 h ton n o bond r o each all nt who ah y Color w), -21 - tn erest ar on A do, or i • he clos sh 11. b mad th r gistra- Na on 1 aucc alor, •• oC bualn u on • • • • • • the 15th day of the calendar month next preceding the interest payment date and shall be paid by check or draft of the Paying Agent mailed to such registered owner at his or her address as it appears on such registration books. REFERENCE IS HEREBY MADE TO FURTHER PROVISIONS OF THIS BOND SET FORTH ON THE REVERSE HEREOF WHICH FURTHER PROVISIONS SHALL FOR ALL PURPOSES HAVE THE SAME EFFECT AS IF FULLY SET FORTH IN THIS PLACE. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Ordinance authorizing this Bond until the certificate of authen- tication hereon shall have been signed by the Bond Registrar. IN TESTIMONY WHEREOF, the City Council of the City of Englewood, Colorado, has caused this Bond to be signed by the facsimile signature of the Mayor of the City, sealed with a facsimile of the seal of the City, and attested by the fac- simile signature of the Director of Finance, ex-officio City Clerk-Treasurer thereof, all as of the 1st day of October, 1983. (FACSIMILE S E A L ) ATTESTED: CITY OF ENGLEWOOD, COLORADO By: __ ~(~F~a~c~s~i~m.,i~l~e~S~ig~n~a~t~u~r~e~) __ ___ Mayor 2 - I . - • • • • • [Form of Bond Registrar's Certificate of Authentication] CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds of the issue described in the within mentioned Bond Ordinance. Date of Registration and Authentication: AFFILIATED FIRST NATIONAL BANK OF ENGLEWOOD as Bond Registrar By ~~--~~~~-----------Authorized Officer -23 - • I • • • • • (Back of Bond) ADDITIONAL PROVISIONS This Bond is one of a series aggregating Four Million Six Hundred Thousand Dollars ($4,600,000) par value, all of like date, tenor, and effect except as to number, principal amount, and date of maturity, issued by the City Council of the City of Englewood, in the County of Arapahoe and State of Colo- rado, for the purpose of acquiring land and constructing and equipping a community center and related appurtenances for the City, by virtue of and in full conformity with the constitution of the State of Colorado, the home rule charter of the City, and pursuant to an Ordinance authorizing the issuance of the Bond duly adopted, published, and made a law of the City prior to the issuance of the Bond. It is hereby certified and recited that all of the requirements of law have been fully complied with by the proper officers in issuing this Bond. It is hereby further certified, recited, and warranted that the total indebtedness of the City, including that of this Bond, doe s not exceed any limit prescribed by the constitu- tion or laws of the State of Colorado or the charter of th City ; that at a special municipal election lawfully held within the City on May 17, 1983, the issuance of thi s Bond was duly author- ized by a majority of the registered electors of the City quali- fied to vote and voting at said lection; and that provision has been made for h levy and co lle ctio n of a general ad valorem tax on all the ta x able property with ln the City, Wlthout llml- tation as o rat or oun , o th x t nt oth r funds are not m d availabl or such pay n a , au ic1 n o pay th n rea on nd he principal o th a Bond as the sam v ly b co e due. Th full al h nd cr di 0 h City are her by pledged for h punc u 1 pay n of h pri n cipal o nd he in eres on hi s Bon • -24 - • I • • • • ,. • Bonds of the issue of which this Bond is one maturing on and after December 1, 1994, are subject to redemption prior to maturity, at the option of the City, as a whole or in integral multiples of $5,000, in inverse order of their maturity, on December 1, 1993, and on any interest payment date thereafter, upon payment of par, accrued interest, plus a premium of 1% of the principal amount so redeemed. If less than all of the Bonds within a maturity date are to be redeemed on any prior redemption date, the Bonds to be redeemed shall be selected by lot, in such manner as the Bond Registrar shall determine, provided that such selection shall not have an adverse effect upon the ability of the City to pay the principal of the Bonds outstanding. The Bonds shall be redeemed only in integral multiples of $5,000. In the event a Bond is of a denomination larger than $5,000, a portion of such Bond may be redeemed, but only in the principal amount of $5,000 or any integral multiple thereof. Such Bond shall be treated for the purposes of redemption as that number of Bonds which result from dividing the principal amount of such Bond by $5,000. In the event any of the Bonds or portions thereof (which shall be in amounts equal to $5,000 or any integral multiple thereof) are called for redemption as aforesaid, notice thereof identifying the Bonds or portions thereof to be rede med will be giv n by the Bond Regi strar by m iling a copy of the redemption notice by first class mail (postag prepaid) not more th n 30 days and no less than 15 days prior o he date fix d for redemption to the regis ered owner of each Bond to be rede m d in whole or in part a he ddr ss shown on th r qistra ion books m in ined by he Bond R qis rar. Failur such no c by ma1linq to ny Bondholder, or ny no a t c h valid1ty of any proceed1nq for he r d mp 10n of o her Bonds. All Bonds so call d for r d mp ion will r in f er the sp ci i d r d mp ion da ,. provi for ion are on d poai a h plac ot pay ha • • • • • If the date for payment of the principal of or interest on this Bond shall be a Saturday, Sunday, legal holiday, or a day on which banking institutions in the city where the corporate trust office of the Paying Agent is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not a Saturday, Sunday, legal holiday, or a day on which such banking institutions are author- ized to close, and payment on such date shall have the same force and effect as if made on the nominal date of payment. The Bonds are issuable only in the form of registered bonds without coupons in the denomination of $5,000 each or any integral multiple thereof. The City and the Bond Registrar shall not be required: (a) to issue or transfer any Bonds during a period beginning at the opening of business on the fifteenth (15th) day of the calendar month next preceding any interest payment date or during the period beginning on any date of selec- tion of Bonds to be redeemed and ending at the close of bu si ne ss on the interest payment date or day on which the applicable notice of redemption is given, or (b) to transfer any Bond s selected or called for redempti o n in whole or in part. Th Cit y and th Bond Registrar may deem and treat the r e gi s tered o wner hereof a s the absolute owner hereof (whether or not thi s Bond sh all be overdue) for the purpose of receiving pay ment of or on account of principal hereof and interes due h reo n and for all oth r pur- po ses , and ne it h r he C ity nor th Bo nd R g1strar shall be a f c ed by any no ic to th contrary. The Bond is ransferable by he r g1stered o wn r h reof in p rson o~: by his attorn y duly authonzed in writing , at th princip l o fie o h on R gu ar, bu only in h ann subj c to he limi ions, and upon p ym n of h charg a pro- vld d her in, and upon aurr nder and c ncellation of h1a Bond. Upon such trans( ~: ond or Bonds of h s m ur1 y or m ur1 i a nd o d n 1n nom1n ions, or or . Wlll b n s may b - 2 • ran a- n I • ( • • • • registration books upon delivery to the Bond Registrar of the Bonds, accompanied by a written instrument or instruments of transfer in form and with guaranty of signature satisfactory to the City and the Bond Registrar, duly executed by the owner of the Bonds to be transferred or his attorney-in-fact or legal representative, containing written instructions as to the details of the transfer of such Bonds, along with the social security number or federal employer identification number of such trans- feree , and , if such transferee is a trust, the name and social security number of the settlor of the proposed transferee . In all cases of the transfer of a Bond, the Bond Registrar shall enter the transfer of ownership in the registration books and shall authenticate and deliver in the name of the transferee or trans- ferees a new fully registered Bond or Bonds of authorized denomi- nations of the same maturity and interest rate for the aggregate principal amount which the registered owner is entitled to receive at the earliest practicable time. The City or the Bond Registrar may charge the owner of such Bond for every such transfer of a Bond an amount sufficient to reimburse them for their reasonable fees and any tax, fee, or other governmental charge required to be paid with respect to s uch transfer, and may require that s uch amount be paid before any s uch new Bo nd s hall be d el iver e d. -27 - • - ( • • • (Form of Transfer) ASSIGNMENT FOR VALUE RECEIVED, the undersigned sells, assigns, and transfers unto ------------------------------------------ PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE (Name and Address of Ass1gnee) the within Bond and does hereby irrevocably constitute and ap- point . attorney, to transfer the said Bond on the books kept for registration thereof with full power of sub s titution in the premises. Dated: ____________________________________ _ Siqnature guaranteed: (Ba n k, Tru s t Comp any or Fl r m) NOTICE: Th si9nature to this ass19nment must correspond with th n o h r qist r d owner as 1 appears upon the fac o th with n Bond n very cular , without alteration or en- nt or ny chan9 wh • - ( • • • Sect ion 5. Authentication. No Bond shall be valid or obligatory for any purpose or be entitled to an~ security or benefit under this Ordinance unless and until a certificate of authentication on such Bond substantially in the form hereinabove set forth shall have been duly executed by the Bond Registrar, and such executed certificate of the Bond Registrar upon any such Bond shall be conclusive evidence that such Bond has been authenticated and delivered under this Ordinance. The Bond Registar's certifi- cate of authentication on any Bond shall be deemed to have been executed by it if signed by an authorized officer or signatory of the Bond Registrar, but it shall not be necessary that the same officer or signatory sign the certificate of authentication on all of the Bonds issued hereunder. Section 6. Delivery of Bonds. Upon the execution and delivery of this Ordinance, the City shall execute and deliver to the Bond Registrar, and the Bond Registrar shall authenticate, the Bonds and deliver them to the purchasers thereof as directed by the City. ( Section 7. Registration and Transfer of Bonds; Persons Treated as Owners. (a) The Bond Registrar shall maintain the books of the City for th registration of o wner ship of each Bond as provid d in this Resolution. The Bond Regi stra r shall accept a Bond for regt stratio n of own rship only if ownership thereof is to be regis r d in th n me of an in div1dual, a corpor tion, par n r h p, or a trust, and only upon rec ip of th n m and ddress of ach o wner, th soctal s curity num r of ach individual, he tax id nti tcation number of each corpora- tion, par n rahip, or trua , and h social s curl y numb rs of h a lor nd b n 1ciar1 o ach rua • (bl Bonds m y upon d ltvery o h wr1 n 1n qu ran y o ~ rr ru n sign afac ory o h r is rat on books ccomp ni d by a r in form and with Ci y and h Bond own r o onda o b rans- 1 r pr a n a iv , con 1n1~ - 2 • • • • • • written instructions as to the details of the transfer of such Bonds, along with the social security number or federal employer identification number of such transferee and, if such transferee is a trust, the name and social security number of the settlor of the proposed transferee. In the event that a Bond is to be registered in the name of a nominee, the requisite information shall be provided for the principal rather than such nominee. No transfer of any Bond shall be effective until entered on the registration books. (c) In all cases of the transfer of a Bond, the Bond Registrar shall enter the transfer of ownership in the registra- tion books and shall authenticate and deliver in the name of the transferee or transferees a new fully registered Bond or Bonds of authorized denomination s of the same maturity and interest rate for the aggr eg a te principal amount which the registered owner is entitled to rece ive at the earliest practicable time in accordance wi h he provisions of this Ordinance. The City or the Bond Registrar may charge the owner of such Bond for every such trans- fer of a Bond an amount sufficient to reimbur se them for their reasonable fees and any tax, fe , or other governmental ch arge required o be paid w1 h resp c to such transfer, and may re- quire that such amoun be paid be ore any such new Bond shall be delivered. (d) Th City and Bond Regi stra r shall not be r - qui red: ( i) to issu or transfer any Bonds during a period be- qinning a the clos of business on th fifteenth (15th) day of th calendar onth nex preced1ng ither ny interest payment date or any da of el ction of Bonds to be r deemed and ending t the clo o usin sa on h in r s da e or d y on whi ch th pplic le no ice of ion is given, or (ii) o tranaf r any Bonds lee d or c lled for r d mption in whol or in par • en ral o h Bonds a all b 8 ( ) ew Bond d liv r d upon ny ransf r shall be v l1d 1 on o h C 1 y , v i n c i ng h s m d b a a r d, sh 11 b a cur d by his Ordin nd o 11 o h and b n o on a 0 - • I • • ( ( ( • • • (f) The City, Bond Registrar, Paying Agent, and any additional paying agent or bond registrar may treat the registered owner of any Bond as the absolute owner thereof for all purposes, whether or not such Bond shall be overdue, and any notice to the contrary shall not be binding upon the City or the Bond Registrar. Section B. Destruction of Bonds. That whenever any outstanding Bond shall be delivered to the Bond Registrar for cancellation pursuant to this Ordinance and upon payment of the principal amount and interest represented thereby or for transfer pursuant to Section 7 hereof, such Bond shall be cancelled and destroyed by the Bond Registrar and counterparts of a certificate of de struction evidencing such destruction shall be furnished by the Bond Registrar to the City. Section 9. Disposition of Bond Proceeds. When the Bonds have been duly executed, the Directo r o f Finance is hereby directed to deliver the Bonds to the purchaser thereof upon receipt of the agreed purchase price therefor. The proceeds of the Bonds shall be used only for the purpose of acquiring land and constructing and equipping a community center and related appur- tenances for the City and its inhabitants, and for paying the costs and expenses incurred incidental to the i ssua nce of said Bonds, and for no other purpose what ver. All or any po rt ion of the Bond proceeds may be tem- porarily i nv ested, or reinv sted, p nding such use , in securities or obliqa ions which are lawful inv s tmen s for such munic- ipall ies in the Sta e of Colorado. It is hereby covenanted and agrf! d by he City tha the temper ry investm nt or reinvestment of h Bond proce ds, or ny port ion th reof , shall be of such na ure and for such period, ha h Bonds shall not b or co onds w thin h ~ an1ng of Sec ion 103(c) of th In rnal Rev nue Code of 1954, as m nded, nd pertinent r gula ions , nd such proc eds , if o 1nv s ed or r inv sted , shalt b subj ct o h l1m1ta ions an r stric ions of a id 5 c 1on 103(c) and p r 1n n r ul 1ons a h s m now ex1a or m Y 1a - ) 1 - • • • • • Neither the purchaser of the Bonds nor the subsequent holder of any of them shall be responsible for the application or disposal by the City, or any of its officers, of any of the funds derived from the sale thereof. Section 10. Payment of Principal and Interest. If necessary, the amount of interest due on the Bonds through June 1, 1984, may be advanced from any available funds of the City, or from the proceeds of the Bonds authorized by this Ordinance. For the purpose of reimbursing such funds and paying the interest on the Bonds as the same shall thereafter become due and providing for the ultimate payment of the Bonds, there shall be levied on all the taxable property in the City, in addition to all other taxes, general ad valorem taxes in each of the years 1983 to 2001, inclusive, without limitation as to rate or amount, sufficient to make such reimbursement and pay the interest on all of the Bonds outstanding, and the principal thereof, as the same become due and payable, respectively. Said taxes, when collected, shall be applied solely to the purpose of the payment of the interest on and principal of said Bonds and for no other purpose whatever, until the Bonds, both principal and interest, shall have been fully paid, satis- fied, and discharged. Nothing herein contained shall be so con- s rued as to prevent the City from applying any other funds or revenues that may be in the City treasury and available for that purpos to the payment of said Bonds and the interest thereon. Upon the applica ion of such funds or revenues as aforesaid, the levy or levies herein provided may ther upon to that extent be di inish d. Th sums h r in provid d o pay th n rest on a id Bonds, nd to disch rg th princ pal th r o wh n du , are h r by appropria ed for tha purpo e, and s id mounts or each y ar shall also b includ d 1n th annual budg t and th ppro- P 1a ion bills o b dop d nd pass d by h City Council o th Ci y in ch y ar, iv ly. I shall b du y o h Ci y Counc 1 of s d City, annu lly, h i nd tn h m nn r provid d by 1 w or 2 - • I • - ( ( • • • levying other City taxes, if such action shall be necessary to effectuate the provisions of this Ordinance, to ratify and carry out the provisions hereof with reference to the levying and collection of taxes; and such taxes, when collected, shall be kept for and applied only to the payment of the interest on and prin- cipal of said Bonds, as hereinabove specified. Section 1 1. Defeasance. When all principal, interest, and prior redemption premiums, if any, in connec ion with the Bonds hereby authorized have been duly paid, the pledge and lien and all obligations hereunder shall thereby be discharged and the Bonds shall no longer be deemed to be outstanding within the meaning of this Ordinance. There shall be deemed to be such due payment when the City has placed in escrow and in trust with a commercial bank located within or without the State of Colorado, and exercising trust powers, an amount sufficient (including the known minimum yield from Federal Securities in which such amount may be initially invested) to meet all requirements of principal, interest, and prior redemption premium, if any, as the same become due to their final maturities or upon designated prior redemption dates. The Federal Securities shall become due at or prior to the re spective times on which the proce ds th r of shall be needed, in accordance wit h a schedule establ1shed and agreed upon between the City and such bank a he time o he crea ion of he escrow, or the Federal Secur1 1es shall e subJ c o redemp ion at th option of the hold r h r of o assur such availab11l y as so ne ded to m et such schedule. Th rm "Federal Secur i t1es" within the meaning of 1s sec 1on shall include only d1rec obligations oC, or o l1ga 1on h and int rest of wh1ch ar uncondi s c ion • • • • with any Addendum as determined necessary by the City, to be distributed in conjunction with the Bonds, which Official State- ment shall contain any updated information regarding items de- scribed in the Preliminary Official Statement which becomes known to the City prior to the date of delivery of the Bonds. Section 13. Severability. That if any one or more sections or parts of this Ordinance shall be adjudged unen- forceable or invalid, such judgment shall not affect, impair, or invalidate the remaining provisions of thi s Ordinance, it being the intention that the various provisions hereof are severable. Section 14. Repealer. All ord i nances or parts thereof in conflict with this Ordinance are hereby repealed. Sect ion 1 5. Ordinance Irrepealable. After the Bonds are issued, this Ordinance shall be and rema in irrepealable until said Bonds and the interest thereon shall have been fully paid, satisfied, and discharged. Section 16. Hearing. In ac cordance with Sect io n 40 of the City Charter, the City Council shall hold a publ ic hearing on this Ordinance, before final passage, at 7:30 P.M. on Tuesday, September 6, 1983. Section 17. ctive Date. This or- dinance, numbered and recorded, and th adoption and publication shall b authenticated by th signature of the Ma yor and the Director of l'inance, x -officio City Clerk-Tr easu r er , and by the C rtificate of Publication . This Ord1nanc shall b com eff ctive thirty ( 30) dayl aft r publi- cation following final passage. In roduced, r d in full, and pa11 d on rat r adtng, he 15 h day of Auqus , 1983. 4 - • • - ( ( • • • Published as a Bill for an Ordinance on the 17th day of August , 1983 . Read by title and passed on final read1ng on the 6th day of September , 1983. Published by title as Ordinance No. 1983, on the 7th day of September , 1983 . , Series of Attest: Eugene L. 0 is, Mayor ex officio City Clerk-Treasurer I, Gary R. Higbee, ex officio C1ty Clerk-Treasurer of the C1ty of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate, and complete copy of the Ord1nance passed on final reading and published by title as Ordinance No. ____ , Series of 1983. Gary R. Higbee 5 • • - ( • • - 7.]) BY AUTHORITY ORDINANCE NO. 11 SERIES OF 1983 COUNCIL BILL NO. 4 7 INTRODUCED BY COUNCIL MEMBER HIGDAY AN ORDINANCE TO CONTRACT AN INDEBTEDNESS ON BEHALF OF THE CITY OF ENGLEWOOD, COLORADO, AND UPON THE CREDIT THEREOF BY ISSUING GENERAL OBLIGATION BONDS OF THE CITY IN THE PRINCIPAL AMOUNT OF $4,600,000, FOR THE PURPOSE OF ACQUIRING LAND AND CONSTRUCTING AND EQUIPPING A COMMUNITY CENTER AND RELATED APPURTENANCES FOR THE CITY AND ITS INHABITANTS; PRESCRIBING THE FORM OF SAID BONDS AND PROVIDING FOR THE LEVY OF TAXES TO PAY THE BONDS AND THE INTEREST THEREON, AND PROVIDING OTHER DETAILS IN CONNECTION THEREWITH. WHEREAS, the City Council has determined that it is necessary to acquire land and construct and equip a community center and related appurtenances for the City and its inhabitants; and WHEREAS, the estimated cost of such improvements is approximately $4,680,000, and the City Council has determined that general obligation bonds of the City in the amount not exceeding $4,600,000 should be issued for such purpose, with the balance of the cost of the improvements to be derived from interest income on bond proceeds or other lawfully available revenues of the City; and WHEREAS, a a special municipal el ction called for auch purpose on May 17, 1983, a majority of th r gistered quali- fi d elec ors of the City vo ing thereon approv d the issuance of th bonds for such purpose, the question submit ed being as follows: County , -1 • • - ( • • • WHEREAS, the issuance of the bonds will not exceed the debt limitation of the City; and WHEREAS, the City Council has further determined to issue and sell such bonds to United Bank of Denver ---------' in accordance with their pr-oposal dated ~~-~~-l'o, , 1983; and WHEREAS, the City Council has determined at this time to authorize the issuance of bonds in the principal amount of $4,600,000; BE IT ORDAINED BY THE CITY COUNCIL Of' THE CITY Of' ENGLEWOOD, COLORADO: Section 1. Authorization. That in accordance with the constitution of the State of Colorado, the home rule charter of the City, and the provisions of this Ordinance, the City shall issue its general obligation bonds, each to be designated "General Obligation Bond, Series 1983", in the total principal amount of $4,600,000 (hereinafter referred to as the "Bonds"), in order to provide funds for the purpose of acquiring land and constru cting and equipping a community center and related appurtenances [or the City and its inhabitants. The Bonds shall constitue general obliqations of the City, and the full faith and credit o[ Lhc City shall be pledged for their payment. Section 2. Bond Details. That the Bonds shall be issued only as fully registered Bonds without coupons in th denomination of $5,000 each or any integral multiple thereof. Unless th shall b City shall otherwis direct, th r gist r d Oond s numbf'red aepar tely from 1 upward, with the numb r oC each Bond prec d d by "R-". Th Bonds &ha ll b d t d as of De ob r 1, 1 63, nu ehall bear intereet payable eemiannually on ach June 1 and Decemb r 1, co enc ng on June 1, 1984, and ehall atur on th 1st day o ch y r, s ollow -17 - • • - • Maturitz: 12/1/1985 12/1/1986 12/1/1987 12/1/1988 12/1/1989 12/1/1990 12/1/1991 12/1/1992 " 12/1/1993 12/1/1994 12/1/1995 12/1/1996 12/1/1997 12/1/1998 12/1/1999 12/1/2000 12/1/2001 12/1/2002 • • • Amount $105,000 115,000 125,000 135,000 150,000 165,000 180,000 200,000 215,000 240,000 260,000 290,000 315,000 345,000 380,000 420,000 460,000 500,000 Interest Rat e ------ The net effective interest rate of this is sue o( . 9 .57 46 % Bonds ls ---' per annum. Bonds of the issue maturing on and after Decemb er 1, 1994 , are subject to redemption prior to maturity, at th e op- tion of the City, as a whole or ih integral multiples of $5,000, in in ver se order of their maturity, on December 1, 1993, and on any interest payment date thereafter, upon payment of par , accrued interest, plus a premium of 1 of the principal amount so redeemed. If les s than all of the Bonds within a maturity d te are to b redeem d on ny prior red mption dat e , th Bond s to b redeemed shall b sel ct d by lot, in such manner as th Bond Registrar shall det rmine, provid d that such s lection shall not h ve an dverae ff ct upon the bility o the City to pay the principal of the Bonds outstanding. The Bond a shall b red med only n int gral 11ult plea of $5 ,000. In th ven Bond is of a d no nat on larger th n SS ,OOO, portion o such Bond may b d, but only in he princip l oun o $5,000 -I • • • • • • or any integral multiple thereof. Such Bond shall be treated for the purposes of redemption as that number of Bonds which result from dividing the principal amount of such Bond by $5,000. • In the event any of the Bonds or portions thereof (which shall be in amounts equal to $5,000 or any integral multipl e thereof) are called for redemption as aforesaid, notice thereof identifying the Bonds or portions thereof to be redeemed will be given by the Bond Registrar by mailing a copy of the redemption notice by first cla s s mail (postage prepaid) not more than 30 days and not less than 15 day s prior to the date fixed for redemption to the registered owner of each Bond to be redeemed in whole or in part at the address shown on the registration books maintained by the Bond Registrar. Failure to give such notice by mailing to any Bondholder, or any defect therein, shall not affect the validity of any proceeding for the redemption of other Bond s . All Bonds s o called for redemp ti on will cease to bear i nterest a f ter the spe cifi ed redempti o n da t e pro v i ded funds for the i r redemption are on deposit at the place o f payment at that time • If th e d a t e f o r paymen t of th e principal or interes t on thi s Bo nd sh al l b e a S a tu r day , Su nd ay , l e ga l hol i day, or a day o n which b ank i ng ins i u ions in the c i ty where th co r po r a t e tru s t office of the Paying Ag n is located are authoriz ed by l a w o r e x cu iv o r der to close , hen the d ate for such paymen t s hall be th ne x t succeeding d y which is not a Saturday , S u nday , l e ga l holiday , or a day on which such banking institu ions are a uthor- iz d to close , and pay nt on such date shall hav the same force and ffec as if made on h S ction principal o h 3. Th th Uni d Stat s of Am rica a ~d Firs Na anal Bank of Enql wood, in Enql wood, Color do, or i s succ ssor, as p ying h "Paying Ag n •) o h r qia r d owner o ch Bond h r o • No wi hs and1n anything con al.n d in pay 0 h o th con r r:y, in on th Bonds shall b r on tn w oae n uc ond u r u er d t • I • • • - - • • • • his address as it appears on the registration books maintained by or on behalf of the District by Affiliated First National Bank of Englewood, in Englewood, Colorado, or its successor, as bond registrar (the wBond Registrarw), at the close of business on the Record Date, such date being the fifteenth (15th) day of the calendar month next preceding the interest payment date, ir- respective of any transfer or exchange of such Bond subsequent to such Record Date and prior to such interest payment date. Such payment shall be paid by check or draft of the Paying Agent. Section 4. Form and Execution of Bonds. The Bonds shall be signed with the facsimile signature of the Mayor of the City, sealed with a facsimile of the seal of the City, and attested by the facsimile signature of the Director of Finance, ex-officio City Clerk-Treasurer. Should any officer whose f ac- simile signature appears on said Bonds cease to be such officer before delivery of the Bonds to the purchaser, such facsimile signature shall nevertheless be valid and sufficient for all purposes • The Bonds shall be in substantially the following form: -20 - • • • • • No. R-__ _ • • - (Form of Bond) (Front of Bond) UNITED STATES OF AMERICA STATE OF COLORADO COUNTY OF ARAPAHOE CITY OF ENGLEWOOD GENERAL OBLIGATION BOND, SERIES 1983 $ __ _ The City of Englewood, in the County of Arapahoe and State of Colorado, for value received, hereby acknowledges itself indebted and promises to pay to ------------------------------------ -----------------' or registered assigns, on December 1, 19 __ , the principal sum of --------------------------------------------------- Dollars ($ and in like manner to pay interest on such principal amount (computed on the basis of a 360 day year or twelve 30-day months) from the interest payment date next pre- ceding the date of regi stration and authentication of this Bond, unless this Bond is registered and authenticated prior to June 1, 1984, in whi ch event this Bond shall bear interest from October 1, 1983, at the rate of per centum ( _____ %) per annum, payable on June 1, 198 4, and s miannually thereafter on December 1 and June 1 each year, u ntil such principal amount is paid , unless this Bond shall have be n previously called for redemption and payment shall have been duly made or provided for. The princip 1 of this Bond is payable in lawful money of the Uni ed S at s of America a Affiliat d F1rst N ional Bank of Englewood, in Englewood, Colorado , or ta successor, as pay ng a n (th wpaying Ag ntw). Paym~nt of each inst llm nt o 1nt rea shall b mad to th r gist r d owner h r of who shall app ar on th r gi stra- ion oaks o h City m intain d by A 11 a d Firs N i.onal B nk o ngl wood , bond r q1s rar ( h in ngl wood, Color do, or 1 waond R gis rarw), h clos -21 - • successor , s of busin as on I • - • • • • '. • the 15th day of the calendar month next preceding the interest payment date and shall be paid by check or draft of the Paying Agent mailed to such registered owner at his or her address as it appears on such registration books. REFERENCE IS HEREBY MADE TO FURTHER PROVISIONS OF THIS BOND SET FORTH ON THE REVERSE HEREOF WHICH FURTHER PROVISIONS SHALL FOR ALL PURPOSES HAVE THE SAME EFFECT AS IF FULLY SET FORTH IN THIS PLACE. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Ordinance authorizing this Bond until the certificate of authen- tication hereon shall have been signed by the Bond Registrar. IN TESTIMONY WHEREOF, the City Council of the City of Englewood, Colorado, has caused this Bond to be signed by the facsimile signature of the Mayor of the City, sealed with a facsimile of the seal of the City, and attested by the fac- simile signature of the Director of Finance, ex-officio City Clerk-Treasurer thereof, all as of the 1st day of October, 1983 • (FACSIMILE S E A L ) ATTESTED: - 2 CITY OF ENGLEWOOD, COLORADO By: __ ~(~F~a~c~s~i~m~i~l~e~S~ig~n~a~t~u~r~e~) __ ___ May or • • • .. • [Form of Bond Registrar's Certificate of Authentication] CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds of the issue de s cribed in the within mentioned Bond Ordinance. Date of Registration and Authentication: AFFILIATED FIRST NATIONAL BANK OF ENGLEWOOD a s Bond Registrar By ~~--,-~~~-----------Authoriz ed Off ice r -23 - • • • • • (Back of Bond) ADDITIONAL PROVISIONS This Bond is one of a series aggregating Four Million Six Hundred Thousand Dollars ($4,600,000) par value, all of like date, tenor, and effect except as to number, principal amount, and date of maturity, issued by the City Counc i l of the City of Englewood, in the County of Arapahoe and State of Colo- rado, for the purpose of acquiring land and constructing and equipping a community center and related appurtenan ces for the City, by virtue of and in full conformity with the constitution of the State of Colorado, the home rule charter of the Ci ty, and pursuant to an Ordinance authorizing the issuance of the Bond duly adopted, published, and made a law of the City prior to the issuance of the Bond. It is hereby certif i ed and recited that all of the requirements of law have been fully complied wi t h by the proper officers in issu1ng this Bond. It is hereby further certified, recited, and warranted that the total indebtedness of the City, includ i ng that of this Bond, does not exceed any limit prescribed by the c on s titu- tion or laws of the St ate o f Co lo rado or the charte r of t he City; that at a spe cial mun ici p a l e lect i on lawfu l ly held withi n th e Ci ty on May 17, 198 3 , the iss uance of th is Bo nd wa s d uly au tho r- ized b y a ma jo r ity of the r egiste r e d e le c to r s of th C1ty q u al i - fi ed to v o t e and voting s a i d election; a nd th a t pr o v isio n has b n made for he levy and collec ion of a gener 1 ad valorem ta x on all the taxable prop rty withln th City , witnout llml- t tion a to rat or mount, to h ex nt oth r funds are not m de vailabl or such paym n a , au fic1 n to pay th in on and h princip 1 or this Bond as he m reap ctiv ly b come du The ull faith nd cr di 0 he Ci y re h reby pled d for h punc u 1 pay n 0 th principal 0 and the in hi a ond. rea on -24 - • I • • • - Bonds of the issue of which this Bond is one maturing on and after December 1, 1994, are subject to redemption prior to maturity, at the option of the City, as a whole or in integral multiples of $5,000, in inverse order of their maturity, on December 1, 1993, and on any interest payment date thereafter, upon payment of par, accrued interest, plus a premium of 1% of the principal amount so redeemed. If less than all of the Bonds within a maturity date are to be redeemed on any prior redemption date, the Bonds to be redeemed shall be selected by lot, in such manner as the Bond Registrar shall determine, provided that such selection shall not have an adverse effect upon the ability of the City to pay the principal of the Bonds outstanding. The Bonds shall be redeemed only in integral multiples of $5,000. In the event a Bond is of a denomination larger than $5,000, a portion of such Bond may be redeemed, but only in the principal amount of $5,000 or any integral multiple thereof. Such Bond shall be treated for the purposes of redemption as that number of Bonds which result from dividing the principal amount of such Bond by $5,000. In the event any of the Bonds or portions thereof (which shall be in amount s eq ual to $5,000 or any integral multiple thereof ) are called for redemption a s aforesaid, noti ce thereof identifying the Bonds or portions thereof to be redeemed will be given by the Bond Regis rar by mailing a copy of he redemption notice by fi st class mail (postag prepaid) not mor than 30 days and no less than 15 days prior to h date i xed for red mption o the regis r d owner of each Bond to be redeemed in whole or in part a h ddr ss shown on th registrat1on books m int ined by h ond Rgia r r;. Failure to g1v such no ic by ma11ing 0 ny Bond hold r, or ny de ct h rein , sh 11 no aff c he v lidity of ny proc eding for he r d mp ion of o her; Bonds. All Bonds 0 call d for r d mp ion will ceas 0 b ar in r; s fter th sp Clfi d r d mp on d t provided funds for:-h 1r d mption re on d pos a h plac 0 p ym n h t im 5 - • ) I • - • • • .. • If the date for payment of the principal of or interest on this Bond shall be a Saturday, Sunday, legal holiday, or a day on which banking institutions in the city where the corporate trust office of the Paying Agent is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not a Saturday, Sunday, legal holiday, or a day on which such banking institutions are author- ized to close, and payment on such date shall have the same force and effect as if made on the nominal date of payment. The Bonds are issuable only in the form of registered bonds without coupons in the denomination of $5,000 each or any integral multiple thereof. The City and the Bond Registrar shall not be required: (a) to issue or transfer any Bonds during a period beginning at the opening of business on the fifteenth (15th) day of the calendar month next preceding any interest payment date or during the period beginning on any date of selec- tion of Bonds to be redeemed and ending at the close of business on the interest payment date or day on which the applicable notice of redemption is given, or (b) to transfer any Bonds selected or called for redemption in whole or in part. The City and the Bond Registrar may deem and treat the regis ered owner hereof as the absolute owner hereof (whether or no his Bond shall be overdue ) for the purpose of receiving paym nt of or on account of principal hereof and 1nterest due h reon and for all o h r pur- poses, and neither h C1 ty nor th Bond Reg 1 strar shall be affected by any notic to the contrary. Th Bond is ransferable by the reg1ster d owner h reof in person or by hu a torn y duly authorued 1n writ1nq, h principal subjec 0 vided h Upon such rna uri i a in of ic o h Bond R qis rar, bu only 1n r, h limi a ions, and upon pay~ n of he ch r a pro- nd upon urr nder nd cane llation of thu Bond. and o q r ga xch n r n w Bond or Bonds of h s m m ur1 y or nom1na 10n or d nom1na 1ons, or oun 0 h rans- Bond may b h -26 - • ) I • • • • • registration books upon delivery to the Bond Registrar of the Bonds, accompanied by a written instrument or instruments of transfer in form and with guaranty of signature satisfactory to the City and the Bond Registrar, duly executed by the owner of the Bonds to be transferred or his attorney-in-fact or legal representative, containing written instructions as to the details of the transfer of such Bonds, along with the social security number or federal employer identification number of such trans- feree, and, if such transferee is a trust, the name and social security number of the settlor of the proposed transferee. In all cases of the transfer of a Bond, the Bond Registrar shall enter the transfer of ownership in the registration books and shall authenticate and deliver in the name of the transferee or trans- ferees a new fully registered Bond or Bonds of authorized denomi- nations of the same maturity and interest rate for the aggregate principal amount which the registered owner is entitled to receive at the earliest practicable time. The City or the Bond Registrar may charge the owner of such Bond for every such transfer of a Bond an amount sufficient to reimburse them for their reasonable fees and any tax, fee, or other governmental charge required to be paid wi h respec o su ch transfer, and may r quire that such amount be paid bef o re an y s uch new Bond s hall be delivered. -21 - I • • • • • (Form of Transfer) ASSIGNMENT FOR VALUE RECEIVED, the undersigned sells, assigns, and transfers unto ------------------------------------------ PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE (Name and Address of Ass1gnee) the within Bond and does hereby irrevocably constitute and ap- point . attorney, to transfer the said Bond on the books kept for registration thereof with full power of substitution in the premises. Dated: ____________________________________ _ Siqnature guaranteed: (Bank, Trus Company or Firm) NOTICE: The algnatur to this assignment must corr apond with th n of h r g at red own r as i appears upon the face of th within Bond in very part cular, withou alteration or n- larg men or ny chan whatev r. " - • I . • • • Section 5. Authentication. No Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit under this Ordinance unless and until a certificate of authentication on such Bond substantially in the form hereinabove set forth shall have been duly executed by the Bond Registrar, and such executed certificate of the Bond Registrar upon any such Bond shall be conclusive evidence that such Bond has been authenticated and delivered under this Ordinance. The Bond Registar's certifi- cate of authentication on any Bond shall be deemed to have been executed by it if signed by an authorized officer or signatory of the Bond Registrar, but it shall not be necessary that the same officer or signatory sign the certificate of authentication on all of the Bonds issued hereunder. Section 6. Delivery of Bonds. Up o n the execution and delivery of this Ordinance, the City shall execute and deliver to the Bond Registrar, and the Bond Registrar shall authenticate, the Bonds and deliver them to the purcha s ers thereo f as dir e cte d by the City. Section 7. Registration and Transfer of Bonds; Person s Treated as Owner s . (a ) The Bond Registrar s hall maintain t h e books of the C ity for th regi s tration o f o wn e r s hip o f e ach Bond as provided in thi s Resolut i on. The Bond Reg istrar sha ll accept a Bond for r e g is trati o n of own e r s hip o nly if o wn ership thereof is to b e r eg i s tered in the na me o f n in d1 vidu 1 , a c o rporation, a pa rt n r ship , o r a tru s t, and o n ly upo n r ece i p t of the nam e and ad d re ss of e ch o wn er , th e social s cur1ty numb r of each i ndiv i dua l , he a x identification number of each corpor- tion , pa r t n e r ship , or trust , and he social s curi y num ere o th a ttlor and b n f1c1ari a of e ch trust . (b) Bonds m y b trans t rr d upon h re is ra ion books upon d liv ry of th Bond to th Bond R gi tr r, accomp ni d by a wr1t en instrum n or ins rum n of tr ns r in form and w th QU r n y of si na ure s is ac ory 0 h C1 y an h Bond R r r , duly X CU d y h owner 0 h Bonds 0 b na- rr d 0 hu a orn y-in-ac or 1 gal repr a n a iv , con a1n n -2 • I • • • • • written instructions as to the details of the transfer of such Bonds, along with the social security number or federal employer identification number of such transferee and, if such transferee is a trust, the name and social security number of the settlor of the proposed transferee. In the event that a Bond is to be registered in the name of a nominee, the requisite information shall be provided for the principal rather than such nominee. No transfer of any Bond shall be effective until entered on the registration books. (c) In all cases of the transfer of a Bond, the Bond Registrar shall enter the transfer of ownership in the registra- tion books and shall authenticate and deliver in the name of the transferee or transferees a new fully registered Bond or Bonds of authorized denominations of the same maturity and interest rate for the aggregate principal amount which the registered owner is entitled to receive at the earliest practicable time in accordance with the provisions of this Ordinance. The City or the Bond Registrar may charge the owner of such Bond for every such trans- fer of a Bond an amount sufficient to reimburse them for their reasonable fees and any tax, fee, or o her governmental charge required to be paid wi t h respect to s uch tran s fer, and may re- quire that such am o un t b e pa i d be fo r e any s uch new Bond shall be delivered. qui r e d: g inn i ng a (d ) The City and Bond Regi s trar shall not be re- ( i) t o issue o r tran s fer any Bonds dur i ng a period b - th c l os o bus ine ss on the fift e enth (1 5 th ) day o f t h e c le nd r mon h next precedi ng ei th e r any i nte r es p aymen d a e or ny d a te of selection of Bo nd s to b e r edeem d and ending t th cloa o busin as on h in res paym nt d or day on whic th pplicabl no ic of r d mp ion is giv n , o r (li) o trans! any Bonds s lect d or c lled for r de mptio n in whole or 1n part . ( ) w Bonds d liver~d upon ny rans r shall b val1d n r 1 obl1g ions o h Ci y , vid ncing he a me d bt a h onds urr nd r d , sh 11 be a curd y hi Ord1n nc , nd a all n i 1 d o all o h s cur y and b n ita her of to h • X on a 0 - • I • • • • ,. - (f) The City, Bond Registrar, Paying Agent, and any additional paying agent or bond registrar may treat the registered owner of any Bond as the absolute owner thereof for all purposes, whether or not such Bond shall be overdue, and any notice to the contrary shall not be binding upon the City or the Bond Registrar. Section 8 . Destruction of Bonds. That whenever any outstanding Bond shall be delivered to the Bond Registrar for cancellation pursuant to this Ordinance and upon payment of the principal amount and interest represented thereby or for transfer pursuant to Section 7 hereof, such Bond shall be cancelled and destroyed by the Bond Registrar and counterparts of a certificate of destruction evidencing such destruction shall be furnished by the Bond Registrar to the City. Section 9. Disposition of Bond Proceeds. When the Bonds have been duly executed, the Director of Finance is hereby directed to deliver the Bonds to the purchaser thereof upon rec ipt of the agreed purchase price therefor. The proceeds of the Bonds sh all be used only for the purpose of acquiring land and constructing and equipping a community center and related appur- tenances for the C1 y and its inhabitants, and for paying th cos s and expenses incurred incid ntal to the issuanc of said Bonds, and for no oth r purpose wh tever. All or any portion of he Bond proc ds may b tem- porarily inves ed, or reinvested, p nding such us , in s cur ties or obliqa tons which re lawful investm n s for such munic- ip 1 i tes in the Sta of Color do. I is hereby covenan ed nd d by he Ci y tha th mpor ry investm n or r investm n ion y r d , or ny por ion h reof , shall b of such or such ha th onds shall no aning o S c on 103(c) 54, s m nd , and p r tn n f so 1nv t d o retnv a d, r s ric ona o 1 td ul 1ons a h a now xta o I - • • • • • Neither the purchaser of the Bonds nor the subsequent holder of any of them shall be responsible for the application or disposal by the City, or any of its officers, of any of the funds derived from the sale thereof. Section 10. Payment of Principal and Interest. If necessary, the amount of interest due on the Bonds through June 1, 1984, may be advanced from any available funds of the City, or from the proceeds of the Bonds authorized by this Ordinance. For the purpose of reimbursing such funds and paying the interest on the Bonds as the same shall thereafter become due and providing for the ultimate payment of the Bonds, there shall be levied on all the taxable property in the City , in addition to all other taxes, general ad valorem taxes in each of the years 1983 to 2001, inclusive, without limitation as to rate or amount, sufficient to make such reimbursement and pay the interest on all of the Bonds outstanding, and the principal thereof, as the same become due and payable, respectively. Said taxes, when collected, shall be applied solely to the purpose of the payment of the interest on and principal of said Bonds and for no o her purpose whatever, unt1l the Bonds, both principal and interest, shall hav been fully paid, s tis- fled, and discharged. No hing herein contain d shall be so con- s rued as to prevent the City from applying any other funds or revenue s tha may be in th City reasury and availabl for tha purpos o th paym n of said Bonds and th inter s thereon. Upon h application of uch fund or r venu s as afor s 1d, he levy or 1 vies h rein prov1 ed ay thereupon to that x en b diminiah d. Th sura h r in p ov d d to p y the in Bond , and to disch r e h p 1ncJ.p 1 h r o wh h r y app opoa y r shall leo prta ion b lls Cl y ln c y I sh 11 nnu lly , h d for ha d d purpos h ly. h 1n 2 - , and id nnual budg nd d by h c y Counc cuy Councll 0 mann ov 1 on s are p ro- 0 y, or • • • • levyinq other City taxes, if such action shall be necessary to effectuate the provisions of this Ordinance, to ratify and carry out the provisions hereof with reference to the levying and collection of taxes; and such taxes, when collected, shall be kept for and applied only to the payment of the interest on and prin- cipal of said Bonds, as hereinabove specified. Section 11. Defeasance. When all principal, interest, and prior redemption premiums, if any, in connection with the Bonds hereby authorized have been duly paid, the pledge and lien and all obligations hereunder shall thereby be discharged and the Bonds shall no longer be deemed to be outstanding within the meaning of this Ordinance. There shall be deemed to be such due payment when the City has placed in escrow and in trust with a commercial bank located within or without the State of Colorado , and exercising trust powers, an amount sufficient (including the known minimum yield from Federal Securitie s in which such amount may be ini ially invested) to meet all requirements of principal, interest, and prior redemption pr mium, if any, as the same become due to their final maturities or upon des1qna ed prior redemption dates. The F deral Securities shall b com due at or pr1or to the resp c ive imes on which th proceeds th reof shall b needed , in accordanc wi h a sch dul es abl1shed and aqreed upon b we n the City and such bank at he tim he Federal S curi ies shall op 1on of th hold r th reo need d o m sue sch dule . wi hin he m an1ng o obltga 1ons of, oro 11 a ar uncond1 ion lly S c 10n o he crea 1on of he escrow, or e ubJ c o red mp ion at the o assure such availabil1 y as so T rm "Fed ral Securi 1es" ion sh ll include only dtrect and 1n o which -• • • with any Addendum as determined necessary by the City, to be distributed in conjunction with the Bonds, which Official State- ment shall contain any updated information regarding items de- scribed in the Preliminary Official Statement which becomes known to the City prior to the date of delivery of the Bonds. Section 13. Severability. That if any one or more sections or parts of this Ordinance shall be adjudged unen- forceable or invalid, such judgment shall not affect, impair, or invalidate the remaining provisions of this Ordinance, it being the intention that the various provisions hereof are severable. Sectio n 14. Repealer. All ordinances or parts thereof in conflict with this Ordinance are hereby repealed. Section 15. Ordinance Irrepealable. After the Bonds are issued, this Ordinance shall be and remain irrepealable until said Bonds and the interest thereon shall have been fully paid, satisfied, and discharged. Section 16. Hearing. In accordance with Section 40 of the City Charter, the City Council shall hold a p ublic hearing on this Ordinance, before final passage, at 7:30 P.M. on Tuesday, September 6, 1983. Section 17. Publication and Effective Date. Th is Or- dinance, aft r 1ts final passage, shall be numbered and recorded, and he adoption and publication shall b e authenticated by the iqna ur of th May or and th Director of f'1nance, ex-officio Ci y Cler -Tr asurer , and by th Certificat e of Publication. Th is Ordinanc shall b co e eff c iv thirty ( 30) days af er publi- ca ion following final pass ge. Introduc d, re d in ull , and passed on f rs r ading, h d y of Auqu a , 1 83. 4 - • • • ....... • • • .. Published as a Bill for an Ord1nanc e on the 17th day of August, 1983 . Read by title and passed on final reading on the 6th day of September , 1983. Published by itle as Ordinance No. 1983 , on the 7th day of September , 1983 . , Series of Attest: Eugene L. Ot1s, Mayor ex officio City Clerk-Treasurer I, Gary R. Higbee, ex off1cio City Clerk-Treasurer of the C1ty of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate, and complete copy of the Ord1nance passed on f1nal reading and published by title as Ordinance No. , Ser1es of 1983. Gary R. H1gb • • .. ORDINANCE NO. SERIES OF 198~3------ • • .. BY AUTHORITY A BILL FOR 7f COUNCIL BILL NO. 48 INTRODUCED BY COUNCIL MEMBER ______________ _ AN ORDINANCE APPROVING A CONTRACT BETWEEN THE CITY OF AURORA AND THE CITY OF ENGLEWOOD PROVIDING FOR THE ENGLEWOOD PUBLIC LIBRARY TO HAVE BIBLIOGRAPHICAL ACCESS TO THE AURORA PUBLIC LIBRARY CIRCULATION CONTROL SYSTEM . BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. There is hereby approved the following contract between the City of Aurora and the City of Englewood: CONTRACT FOR LIBRARY SERVICES THIS CONTRACT, made and entered into on this day of , 1983, by and between the CITY OF ENGLEWOOD, ~E~N~G~L~E~W~O~O~D~P~U~B~L~I~C-LIBRARY, a Colorado Municipal Corporation, sometimes referred to as "EPL,• and the CITY OF AURORA, AURORA PUBLIC LIBRARY, a Colorado Municipal Corporation, hereinafter sometimes referred to as "APL." WHEREAS, th City of Englewood, Englewood Public Library, desires that the City of Aurora provide library services a s hereinafter described, and the contractor is willing to provide s uch services upon the terms hereinaft r provid d: and WHER AS , authority xists in law and funds have b n budg e t d, ppropria d, and o herwise made availab l e: and WHEREA S , th e Ci y i t s co rpo rat pro v id ing accord ng t o b low and in Colo r do . , 1 il h r y i hin PL in h of 11 r y , nd nd ) • • • •' .. 3. The City of Aurora shall bill the EPL for use of the database at a base rate of Five Thousand Dollars ($5,000) annually payable on a quarterly basis. The annual rate will continue to such a time as EPL has added 104,000 items to the database. At this point the annual rate may be reviewed and amended by the mutually written agreement of the Directors of APL and EPL. 4. The term of this contract shall be for five months commencing August 1, 1983 up to and including December 31, 1983 . However, the contract may be automatically extended on a yearly basis except upon the written termination of one of the parties. If either party desires to cancel the contract before the stated time period, the Directors of EPL or APL will be required to state this desire in writing with the understanding that each ~arty will be given a period of ninety (90) days before cessa 1on of the contract. 5. It is understood between the partie s hereto that EPL shall not receive any equity in book stock, quipment, or in any of the APL's facilities by virtue of the terms of this contract; and the APL shall not receive any equity in the book stock, equipment, or in any of the EPL facilities by virtue of this contract . 6 . Costs involved in the upgrade of th compute r system wil l be reviewed annually by the Director of APL to ascertain tne necessity for any adjustment to the rate charged to EPL. Should any change of rate be required, the Director of APL shall notify the Dir ctor of EPL in writing with the costs and reasons stated. 7. EPL reserves the right to withdraw EPL records from the APL dat base at any time. Furthermore, EPL will assume all costs relat d to th withdrawal of EPL records. 8. EPL further agrees to abid by th ca loging requir men s s described her inaft r: cl is red in CLSI , th d by h Technic 1 Se rvices Aurora Public Library to include but not be in 1 entrle !or books and rial,• •cc TITL£ •cc TITLE -construction o th Author/Tltl or CL ,• •cc TITLE -ho to c cords,• •ori nal en ries or r cord on cod s,• •cc TITLE -cc pt or es.• A 1 dlf col c ton r nc s n c 11 nu b rs inc ud1n si na ions 11 lnd c d • • • • • C. Existing records in CLSI will be retained in their entirety. Additions to the bibliographic information can be made but only editing/deletion of spelling errors are allowed. See memo "Editing of records on CLSI." 8/82 D. Input of current as opposed to retrospective record will be done through the OCLC-COA Southeast Metropolitan Board of Cooperative Services (SEMBCS) profile and innovative interface, with use of this method to be reviewed by both parties with input from SEMBCS staff on a periodic basis. E. Items should always be attached to existing records when possible, see memo "combining records in CLSI, 12/22/82" However, unless it is the only matching record, do not attach items to records that state "no items." These are often duplicate records which will be deleted from the database. Attest: Gail c. Johnston Deputy City Clerk Attest: Gary R. Higbee, City Clerk APP OV 0 AS •ro ORM: CITY OF AURORA, Contractor By -rD~e~n~n~l~s=-~c~fi~a~m~p~lr.n~e=-,~M~a~y~o~r~------- By ~M~e~1r-c~a--r~l-e-,~M~a-n __ a_g_e_r __________ ___ By~~~~~~--~~~~~~~~ David Price, L1brary D1rector CITY OF ENGLEWOOD By __ ~~~,.-,~~-=~~------Eugene L. Otis, Mayor By __ ~~~~~~--------------Sharon Winkle Director of Librarie s J • • • -• • • Section 2. The Mayor and ex officio City Clerk-Treasurer are hereby authorized to sign the above described contract for and in behalf of the City of Englewood and the City Council. Introduced, read in full, and passed on first reading on the 6th day of September , 1983 . Published as a Bill for an Ordinance on the 7th September , 1983. day of ---- Attest: Eugene L. Ot1s, Mayor ex officio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and complete copy of a Bill for an Ordinance( introduced, read in full, and passed on first reading on the 6 n day of September , 1983. ---- Gary R. Higbee • • • • • - 7f BY AUTHORITY ORDIN AN CE NO. SERIES OF 198~3------COUNCIL BILL NO. 48 INTRODUCED BY COUNCIL A BILL FOR MEMBER ______________ __ AN ORDINANCE APPROVING A CONTRACT BETWEEN THE CITY OF AURORA AND THE CITY OF ENGLEWOOD PROVIDING FOR THE ENGLEWOOD PUBLIC LIBRARY TO HAVE BIBLIOGRAPHICAL ACCESS TO THE AURORA PUBLIC LIBRARY CIRCULATION CONTROL SYSTEM. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. There is hereby approved the following contract between the City of Aurora and the City of Englewood: CONTRACT FOR LIBRARY SERVICES THIS CONTRACT, made and entered into on this day of , 1983, by and between the CITY OF ENGLEWOOD, ~E~N~G~L~E~W7.0~0~D~P~U~B~L~I~C-LI BRARY, a Colorado Municipal Co rpora tion , sometimes r eferred to as •EPL,• and the CITY OF AURORA, AUR ORA PUBLIC LIBRARY, a Colorado Mun icipal Corpo ration, hereinafter sometimes referred to as •APL.• WHEREA S , the City of Englewood, Englewood Publ ic Library , d sires that the City of Aurora provid library services as h r inaf er d scribed , and the contr actor is willing o provide such se rv ice upon the terms hereinaft r provided; and WH EREAS, authority exists in la w and funds hav been budg ed, appropriated , and oth rwise made availabl ; and WH E AS, i s corporate prov1din ace accordlng o h City of Auror operate a publi c library with in und ries and desir s o coop rat with the PL in o Aurora's on-lin bibliogr phic data base lo and 1n Colorado . I TH ter s and condi ions as h r inaf r se forth cordanc with applicable sta u es of the Stat o • h c y d hat: 0 h CL insulled r 0 li ' nd •• n ty • • • .. 3. The City of Aurora shall bill the EPL for use of the database at a base rate of Five Thousand Dollars ($5,000) annually payable on a quarterly basis. The annual rate will continue to such a time as EPL has added 104 ,000 items to the database. At this point the annual rate may be reviewed and amended by the mutually written agreement of the Directors of APL and EPL. 4. The term of this contract shall be for five months commencing August 1 , 1983 up to and including December 31, 1983. However, the contract may be automatically extended on a yearly basis except upon the written termination of one of the parties. If either party desires to cancel the contract before the stated time period, the Directors of EPL or APL will be required to state this desire in writing with the understanding that each party will be given a period of ninety (90) days before cessation of the contract. 5 . It is understood between the parties hereto that EPL shall not receive any equity in book stock, equipment, or in any of the APL's facilities by virtue of the terms of this contract; and the APL shall not rece i ve any equity in the book stock, equipment, or in any of the EPL facilities by virtue of this contract . 6. Costs involved in the upgrade of the computer system will be reviewed annual l y by the Director of APL to ascertain tn necessity for any adjustment to the rate charged to EPL. Should any change of r a e b required, the Director of APL shall not ify the Director o( EPL in writ ing with the costs and reasons stated. 7 . EPL r serves th righ to withdraw EPL records ro th AP L da taba s t any tim • Furth r ore, EPL will assume a ll costs r elated to the wi thdrawal of EPL records . 8. EPL further grees to bide by the cataloging r qu1rements s d scrib d h r inaf e r: A. Wh n a un 1 ue item r co rd is nter d in CLSI , th gu d lin s or en ry will b ho e issued by the Technical Se rvices D partment of the Aurora Public L1brary to include but not b ltmited to •origin l ntrie for books and serial ,• •cc TITL q n r l in or• tion ,• •cc TITLE-const ruction o th Author /Tl l ,• •rm rin fl ld or CLst ,• •cc TITLE -ho to en r •ul ivolu• r cord ,• •ori nal ntr a or r cords and ap a,• •cc TlTL su gest d d1tlon cod s ,• •cc TITLl -ace p ed • diu cod a ,• • i ical ca yories .• nd sp c1 1 v l. r ncea tn call nu b ra including JUV nil 11 na ona w 11 indica d a h 1 • • • • • • C. Existing records in CLSI will be retained in their entirety. Additions to the bibliographic information can be made but only editing/deletion of spelling errors are allowed. See memo "Editing of records on CLSI." 8/82 D. Input of current as opposed to retrospective record will be done through the OCLC-COA Southeast Metropolitan Board of Cooperative Services (SEMBCS) profile and innovative interface, with use of this method to be reviewed by both parties with input from SEMBCS staff on a periodic basis. E. Items should always be attached to existing records when possible, see memo •combining records in CLSI, 12/22/82• However, unless it is the only matching record, do not attach items to records that state •no items.• These are often duplicate records which will be deleted from the database. Attest: Ga il C . Johnston Dep u t y C ity Clerk At t es t: Gary R. Hig b ee , City Clerk APPROVED AS TO ORM: orney , Aurora CITY OF AURORA, Contractor By-=--~--~--~----~----------Dennls Champ1ne, Mayor By~~~~~--~~~----------Mel Carle, Manager By ~D~a-v-1~dT-~P-r~r-c-e-,~L~lr'b~r -a_r_y~D~l~·-r -e-c~t-o-r CITY OF ENGLEW OO D By __ ~----~~~~--~---------Eugene L. Ot is , May o r By __ ~----~-r~---------------Sha r on Winkl Director of Librari a 3 I • • -• • • Section 2. The Mayor and ex officio City Clerk-Treasurer are hereby authorized to sign the above described contract for and in behalf of the City of Englewood and the City Council. Introduced, read in full, and passed on first reading on the 6th day of September , 1983. Published as a Bill for an Ordinance on the 7th September , 1983. day of ---- Attest: Eugene L. Ot1s, Mayor ex officio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and complete copy of a Bill for an Ordinance( introduced, read in full, and passed on first reading on the 6tn day of September , 1983. Gary R. H1gbee • • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE 8-25-83 AGENDA ITEM 1 SUBJE'CT Library Dept. contract for retrospective conversion of collection using Aurora Public Library' LSI comput er sys t em. INITIATED BY Library Department ACT! ON PROPOSED Approve agreement and appro p rj ate necessary funds INfRODUCTIO Attached is an agreement between the City of Englewood (Library) and the City of Aurora (Library) for bibliographic access by EPL to the CL System, Inc. (CLSI) circulation control system installed in Aurora's Municipal Justice Center. EPL intends to use the CLSI database to retrospectively convert the Library's collection to machine readable format by matching EPL items to APL items in the database and adding Engle od's designa- • ion to the "lloldings" field. ew records will be created for non-matched items and keyed 1nto the database by our data entry personnel. The ongoing bibliographic conversion of new acquisitions will be entered into Aurora's database by SB1BCS through the CLSI/OCLC Innovative Interface. Both new and retrospectively converted items will be barcode 1 - belled at the time of conversion to prepare he materials for circulation on futur automated library system. The urora contract covers the period August 1, 1983 to December 31, 19 3 nd is autom tic lly r n wable. 1nina to u ipm nt, nd oth r •i 11 n $ ,0 0 or 0 • u l-• 2 modem pairs 2 direct telephone lines, EPL and Aurora) Monthly telephone charges $268.80 X 3 Barcode labels 2 ports at CPU installed (between for 2 lines is TOTAL • • • 2,400 800 810 3,500 1,000 $19,310 9,615* $ 9,695 *Unused funds in the amount of $9,615 have been carried over from the Library's 1982 Budget to the 1983 Budget. These funds were originally appropriated for the services of a library automation consultant whose contract with the City was terminated in Fall 1982 when Council decided not to fund an automated library system. If these funds are applied toward the $19,310 total, the appropriation for this contract could be reduced to $9,695. CONCLUSIONS AND RECOMMENDATIONS Through this agreement with Aurora, EPL will acquire machine readable records for the materials already owned by the Library. These records would then be available for use in a possible future automated system at EPL. Furthermore, the award of LSCA grant funds was predicated on the City's appropriation of funds for the Aurora contract. Therefore, I recommend funding in the amount of $9,695 to be appropriated to the Library Department for the contract with Aurora Public Library, the CLSI equipment and the telephone installation, with the understanding that the remaining $9,615 from the con- sultant contract will be applied toward the agreement, as well . • • • • .. BY AUTHORITY ORDINANCE NO. SERIES OF 198~2------ A BILL FOR 7t COUNCIL BILL NO. 15 INTRODUCED BY COUNCIL MEMBER ______________ __ AN ORDINANCE ADDING SECTION 22.4E TO THE COMPREHENSIVE ZONING ORDINANCE OF 1963, AS AMENDED, REGULATING THE CONVERSION OF IMPROVED REAL PROPERTY TO CONDOMINIUMS. WHEREAS, the conversion of an apartment to condominium ownership has long-term impacts on the health , safety, and welfare of the community; and WHEREAS, the dislocation of population without sufficient regulation causes significant difficulty in relocation; and WHEREAS, apartments converted to condominiums without proper inspection, engineering and construction can become fire and safety hazards; and WHEREAS, it is necessary to regulate the conversion of apartments to condominiums; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. There is add d to the Comprehensive Zoning Ordinance of 1963, as amended, new Section 22.4E to read as follows: 22 .4 E CO NDOMIN IU M CO NVERSIO ORDINANCE Th conve r sion of ownership find co on 1n9s can han thoa f cat ons ny on o ng n y I • • • .. • of Englewood finds that it is necessary to regulate the conversion of multi-unit dwellings commercial and industrial buildings to condominiums. a. Scope. No person, firm or corporation (hereinafter collecti vely called "Developer") shall convert any multi-unit dwelling or commercial or industrial building into a condominium without complying with each of the applicable requirements of this ordinance, in addition to all other relevant laws and ordinances. b. Purpose. The purpose of the Condominium Conversion Ordinance is to establish reasonable life-safety requirements for buildings which are to be divided into two or more individual units and converted from the present use and/or single (unitary) ownership and offered for sale as individual units and to enact reasonable rules and regulations that will provide a developer with procedures to follow in filing a condominium conversion application with the City. c. Application. In making application for the condominium conversion , developer shall: (1) File an application with the Director of Community Development on a form provided by that Department. (2} Pay an application fee of $50 for each unit in the building which can be sold as a condominium. (3) Submit a letter signed by a licensed structural engineer or licensed architect certifying that the building to be converted meets the life safety requirements set forth in Section 22.4Eg, or certifying that the building can be brought into compliance and identifying those modifications that must be made in order to comply. (4) S ubmit written certification by the Director of Utilities that the service to the building will comply with the water and sewer cod of regulations in existence at the time of the application . d. T nant Prot ction. D veloper must give to the tenants occupying multi-unit dw lllng wh ich is to be convert d to a condominium: (1) oti ic lon of n intent to conv rt the tenants' dwelling to a condominium . (2) Writt n no tee to v ca e the dw lling with in one hundred w nty (120) days, or to th expira ion of e ch tenant' 1 ase, which v r is gre ter , unless this time period s ex ended by evelop r. 2 • • • • • (3) An option to purchase the condominium. e. Warranty of Common Areas. Developer or owner shall give to the purchaser of a condominium a warranty deed, where appli- cable , to the common areas which include but are not limited to the following: (1) laundry room; (2) boiler/mechanical room; (3) landscaped areas; (4) fences; (5) off-street parking areas; (6) recreational areas; (7) storage areas; (8) hallways and stairways. f. Off-Street Parking. Developer or owner shall comply with the minimum off-street parking provisions of the Comprehensive Zoning Ordinance, Ordinance No. 26, Series of 1963, as amended. g. Life Safety Requirements. To establish reasonable life safety requirements for buildings being converted to and offered for sale as condominium units, the developer shall comply with the following requirements: (1) Exits. (a) Number of Exits. Every floor above th first story used for human occupancy shall have access to at least two separate exits, one of which may be an xterior fire escape complying with Subsection (d) of this section. Subject to approval of the City , an approved ladder device may be used in lieu of a fire escape when the construction fe tur or location of the building on the property make th installation of a fire scape impracticabl • EXCEPTION: In all occupancies, second stor s with an occupant load of 10 or less may hav one exit. An exit 1 dder device , wh n used in 11 u of a f re eacap , shall conform 1 h th appropriate u.e.c. Stand rd and th ollow ng: (l) S rve an occupant lo d of 10 or le a or a single d well1ng unit or roo • (2) The bu ld ng does no exee d thre stories n he gh • J • • • .. (3) The access is adjacent to an opening as specified for emergency egress or rescue from a balcony . (4) Shall not pass in front of any building opening below the unit being served . (5) The availability of activating the device for the ladde r is accessi ble only from the opening or balcony served. (5) The availability of activating the device for the ladder is accessibl e only f r om the opening or balcony served. (6) So installed that it will not cause a person using it to be with in 6 feet of any exposed electrical wi ring. (b) Stai r Construction . All required stairs shall have a minimum run of 9 inches and a maximum rise of 8 inches and shall have a minimum width of 30 inches , exclusive of handrails. Every stai rway shall have at least one hand- rail. A landing having a minimum 30-inch run in the direction of travel shall be provided at each point of access to the stairway . EXCEPTION: Fire Exterior shall b scapes as provided for in this section. noncombustible construction . EXC~PTION: On buildings of Types III, IV and V (as defined in th Uniform Building Cod ) , provided the xt rior stairs r const ructed of wood not less than 2-inch nominal thic n ss. (c) Corridors . Occupanci s (a serving as an exi sh 11 have wall 4 of Group A, , E , and H • • • • corrido rs to rooms shall comply with appropriate sections of Chapter 33 of the Building Code dealing with corridor openings or shall be covered with a minimum of 3/4-inch plywood or l/2-inch gypsum wallboard or equivalent material on the room side . EXCEPTION: Existing corridor walls, ceilings and opening protection not in compliance with the above may be continued when such buildings are protected with an approved automatic sprinkler system throughout. Such sprinkler system may be supplied from the domestic water system if it is of adequate volume and pressure. (d) Fire Escapes . (1) Existing fi re escapes which in the opinion of the Ci ty comply with the intent of this section may be used as one of the required exits. The location and anchorage of fire escapes shall be of approved design and construction . (2) Fire escapes shall comply with the following: Access from a corridor shall not be through an intervening room. All openings within 10 feet shall be protected by three-fourth hour fire assemblies. When located within a recess or vestibule, adjacent enclosure walls shall be of not less than on -hour fire- resistiv construction . Egress from th building shall b by a clear opening having a minimum dim nsion of not less than 29 inch s. Such op nings shall b openable from th inside without th us of a key or special knowledge or effort. The sill of an op ning giving ccess shall b no more than 30 inch s above th floor of the building o r b lcony. , • • • • Balconies shall be not less than 44 inc h e s in wid t h with no floor opening other than the stairway opening greater than 5/8 inch in width . Stairway openings in such balconies shall be not less than 22 inches by 44 inches . The balustrade of eac h balc ony shall be not less than 36 inches high with not more than 9 inches between balusters. Fire escapes shall extend to the roof or provid e an approved go o seneck ladder between the top floor landing a n d th e roof when serving buildings four or mo r e sto r ies i n height having roofs with less than 4:12 slope . Fi r e escape ladders shall be designed and connected to the building to withstand a horizontal force of 100 pounds per lineal foot; each rung shall support a concentrated load of 500 pounds placed anywhere on the rung. All ladders shall be at least 15 inches wide , located within 12 inches of the building and shall be placed flatwise relative to the face of the building . Ladder rungs shall be 3/4 inch in diameter and shall be located 12 inches on center. Openings for roof access ladders through cornices and similar projections shall have minimum dimensions of 30 inches by 33 inches. The lowest balcony shall be not more than 18 feet from the ground. Fire escapes shall extend to the ground or be provided with counterbalanced stairs reaching to the ground . Fire escapes shall not take the place of stairways required by the codes under wh ich the building wa s co nstructed. Fire sca pes shall be k pt c l ar and unobstructed at al l times and maintained in good working order. (e) Ex1t and Fire Escape Si gn s . Exit signs shall b provid d s r qui red by the Building Code . EXC PTIO he us of exi ting e x it signs m y b con inued when pproved by h Ci y . All doors or w1ndows ~roviding access to a f1r sh 11 provided with fir c pe sign ( ) nclo ure of V r 1c 1 h ts . In s i rway a , " v b ncloae by a All op ninqs in o leal sh inimum of uch aha • d to , aha 11 ire I • • • • assemblies which shall be maintained self-closing or be automatic - closing by smoke detection. All other openings shall be fire protected in an approved manner. Existing fusible-link-type automatic door-closing devices may be permitted if the fusible link rating does not exceed 135 degrees F . A stairway in an exit enclosure shall not continue below the grade level exit unless an approved barrier is maintained at the ground-floor level to prevent persons from accidentally continuing into the basement . EXCEPTIONS : 1 . In other than Group I Occupancies, an enclosu re will not be required for openings se rv ing only one ad ja cent floor. 2 . Stairways need not be enclosed in a continuous vertical shaft if each story is separated from other stories by one-hour fire-resistive construction or approved wired glass set in steel frames. In addition , all exit corridors shall be sprinklered and the openings between the corridor and occupant space have at least one sprinkler head above the openings on the tenant side . The sprinkler system may be supplied from the domestic water supply if of adequate volume and pressure. 3. Vertical openings need not be protected if the building is protected by an approved automatic sprinkler system . (3) Basement Acc~ss or Sprinkler Protection. An approv~J dUtomat ic sprinkler system shall be provided in basements or stories exce ding 1500 square eet in area and not having minlmum of 20 squa r feet of op ning entirely above the adjoining ground 1 vel in ach 50 lineal f et or fraction thereof of exterior wall on at 1 ast one side of the building. Op nings shall have minimum cl ar dimension of 30 inch s . If any portion of a b sem nt is located mor than 7~ f et from required op nings, the basement shall b provid d with n pprov d u omatic s rinkl r yst m throughout. (4) St ndpip s . s over !our tor s in I iqht sh 11 b rovid d pprov d Cl 8 1 or Cl 8 Ill s andpip syst m. ccup nc1 s . tlOO$ hall p ci i d in pprov )(1 tlng wood lath llboard m y b occu ancy u r d. 7 I • • • • .. (6) Illumination of Means of Egress . Illumination of means of egress shall be provided in accordance with the Building Code. Emergency lighting facilities for means of egress shall be provided for every building over one story in height. All emergency lighting systems shall be so arranged as to provide illumination automatically in the event of any interruption of normal lighting and shall be either continuously in operation or capable of repeated automatic operation without manual intervention . All lighting systems shall conform to the requirements of the National Electrical Code as adopted by the City . (7) Smoke Detectors. Every dwelling unit and every guest room used for sleeping purposes shall be provided with smoke detectors installed in accordance with the Uniform Building Code. (8) Sprinkler Protection. In buildings exceeding four stores in height an approved automatic sprinkler system shall be installed in all corridors and exit stairwells . A single sprinkler head shall be provided opposite the center of and inside any door opening onto a corridor or exit stairwell. Sprinkler system installations shall meet the requirements of the Building Code. (9) Fire Alarm System. Approved fire alarms shall be provided for all Group E Occupancies with an occupant load of more than 50 persons. In every Group E Occupancy provided with an automatic sprinkler or det ction system, the operation of such syste shall automatically activate the fire alarm system , whi ch shall include an alarm mounted on the exterior of the building. An app roved fi re alarm sys tem shall b ins talled in Group H, Division 2 , Occupancies used for th manufacturing of organic coatings as sp cifi d in the Unifo rm Fire Code . (10) Elevato r s. or lobby or area h 11 be provided with an e detector located on the lobby ceiling or are • Wh n lS ctivat d , el vator doors shall not op n and all car tha lobby re to return to the main floor and b und r manu 1 control only . I he main loor detector o r a loor de ec or is c ivat d , ll cars serving th main tr na er loor h 11 re urn to a loca ion pproved by h r ent and Ch e uild ng In p ctor and b under anual 8 • • • • • control only. The smoke detector is to operate before optical density reaches 0.03 per foot. (ll) Security Systems . Security systems restricting access to a building are permitted provided that: building; (a) It does not restrict emergency exiting from the (b) A suitable means of access is provided for and approved by the Fire Department. (12) Mechanical Systems . (a) Existing Installations. Mechanical systems lawfully in existence at the time of installation may have their use ,ma intenance or repair continued if the use, maintenance or repair is in accordance with the original design and location and no hazard to life , health or property has been created by such mechanical system. (b) Maintenance. All mechanical systems, materials and appurtenances, both existing and new , and all parts thereof shall be maintained in prop r operating condition in accordance with the original design and in a safe and hazard-free condition. All devices or safeguards which are required shall be maintained in conformance with the code und r which installed . (13) Plumbing Sy terns . ( ) Ex isting Installations . Plumb ng systems lawfully in xist nc at the tim of installation may hav th ir u ma1nten nee or repair continued if th use, mainten nc or r pair is in accordanc with th or ginal design and location and no haz rd to lit , health or prop rty has ben created by uch plumbing y tern. appurten b 11 int or i9 na v c s or conform l (14) (I) l::xu ully n xi t nc int nanc t8111S. tn t • - • • • • repair is in accordance with the original design and location and no hazard to life, health or property has been created by such electrical system. (b) Maintenance. All electrical systems , materials and appurtenances, both existing and new, and all parts thereof shall be maintained in proper operating condition in accordance with the original design and in a safe and hazard-free condition . All devices or safeguards which are required shall be maintained in conformance with the code under which installed . h . Alternate Materials and Methods . Alte r nate materials and methods may be approved by the Director of Community Development provided such materials or methods comply with the spirit and intent of this ordinance . i. Utility Service . The Developer shall make application to the Director of Utilities and shall comply with the Water Code and Sewer Code regulations in existence at the time of the application. Any appea l fr o an adverse decision by the Director of Utilities wil l b o t he ater and Sewer Board as provided by the Water Code and Sewer Cod • j . Co nv r sion of Commercial and Industrial Buildings to Co n d omtniums. This ordinance shall also apply to the conversion of commer c ial or industrial buildings by a developer and the developer must comply ith all applicable provisions of this ordinance but need not comply with the requirements for tenant protection, S ction 22.4Ed above. k. Administrative Procedure. When the information required und r Section 22.4E c has been submitted to the Department of Co mmunity D velopm nt, the follow i ng procedure shall be imp l emented: h 0 rector o (30) days tro r t n d cia on •• a th re utr 0 • • • -• • • (3) If the application is rejected, the basis for rejection shall be specified in the Director's written decision. The developer has ten (10) days from the receipt of the written decision of rejection to file a notice of appeal to the Board of Adjustment and Appeals. Section 2. Hearing. In accordance with Section 40 of the City Charter, the City Council shall hold a public hearing on this Ordinance before final passage at 7:30 P.M. on Monday, October 3, 1983. Introduced, read in full, and passed on first reading on the 6th day of September, 1983. Published as a Bill for an Ordinance on the September, 1983. day of Attest: Eugene L. Ot1s, Mayor ex officio City ClerK-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and complete copy of a Bill for an Ordinance , introduced , read in full, and passed on first reading on the 6th day of September, 1983. Gary R. Higbee 11 • • • • .. 7F BY AUTHORITY ORDINANCE NO. SERIE S OF 198 ~2------COUNCIL BILL NO. 15 I NTRODUCED BY COUNCIL MEMBER A BILL FOR ---------------- AN ORDINANCE ADDING SECTION 2 2 .4E TO THE CO MPREHENSIVE ZONING ORDINANCE OF 1963 , AS AMENDED , REGULATING THE CONVERSION OF IMPROVED REAL PROPERTY TO CONDOMINIUM S . WHEREAS , the c onversion of an apartment to condominium ownership has long-term impacts on the health , safety, and welfare of the community; and WHEREA S , t he dislocat i on of population wi thout suffi c ient regula ti on cau s es sign i ficant difficulty i n relocation; and WH EREAS , ap a rtm ents con verted t o c ond ominiums witho ut proper ins p ec t io n, e n gin eer i ng a nd co nstru c t i on can be come f i re and safety ha zards ; a nd WHEREAS , it is necessary to r egulate the conve r sio n of apartments to condominiums; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COU NCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. of 1963 , as Ther is add d to the Compreh nsive Zoning Ordinanc m nded, new S ction 22.4E to read as follo ws: 22 .4 E CO 0 MI IUM CO VERSIO 0 DINANCE The conv rsion o! a multi-uni dwelling to condominium owner hip m y caus th di locat on of persons who find it nee s ary to r nt rath r than own their r esidence and sho may find it difficult to find comparabl living qu rters within the commun y on hor not1c • In ddition, 11 of th multi-unit dwelling buildings in h City of Englewood are mor than 10 years old nd may h v fir and safety h zards which cannot b determin d withou prop r inspection nd should b corrected b for h own r h p of ind vidu 1 uni s and the multi-ownership of common Sim larly, com rcial nd indus rial buildings c n h individu 1 units sold or u es other th n thos 1n lly int nded th tim of con truct on, nd modifica ions ry 1f bu1lding is to be convert d. any on of y • I • • • • of Englewood finds that it is necessary to regulate the conversion of multi-unit dwellings commercial and industrial buildings to condominiums. a. Scope. No person, firm or corporation (hereinafter collectively called "Developer") shall convert any multi-unit dwelling or commercial or industrial building into a condominium without complying with each of the applicable requirements of this ordinance , in addition to all other relevant laws and ordinances. b . Purpose. The purpose of the Condominium Conversion Ordinance is to establish reasonable life-safety requirements for buildings which are to be divided into two or more individual units and converted from the present use and/or single (unitary) ownership and of fered for sale as individual units and to enact reasonable rules and regulations that will provide a developer with procedures to follow in filing a condominium conversion appli ca tion with the City. c . Application. In making application for the condominium co nversi on , developer shall: (1) File a n application with the Director of Community Development on a form provided by that Department. (2) Pay an application fee of $50 fo r e ach unit in the building which can be sold as a condominium . (3) Submit a lette r signed by a licensed structural engineer or licensed architect certifying that the bu ilding to be conve r ted meets th lif safety requirements set forth in Section 22 .4Eg, or certifying that the building can be brought into complianc and identifying those modifications that must be mad in ord r to com ply. (4 ) Submit wr itten c rtific tion by the Director of U 111ties that th service to the building will comply with the water and s w r code of regulation in existence at the time of the application . d. Ten nt Protect on. D velop r must give to the ten n a occupy ng a multi-uni w lling which is to b converted to a condomlniu : (1) Noti lcat on o an nten to convert the tenan s' dwelling to a condo ln1 m. (2) r t en no tc to v ca (120) d ys, or o r is re r, unleaa • by I • ...... ( • • .. (3) An option to purchase the condominium. e. Warranty of Common Areas. Developer or owner shall give to the purchaser of a condominium a warranty deed, where appli- cable, to the common areas which include but are not limited to the following: (1) laundry room; (2) boiler/mechanical room; (3) landscaped areas; (4) fences ; (5) off-street parking areas; (6) recreational areas; (7) storage areas; (8) hallways and stairways. f. Off-Street Parking. Developer or owner shall comply wit h the minimum off-street parking provisions of the Comprehensive Zoning Ordinance, Or di nanc e No. 2 6, Series of 196 3 , as amended. g. Life Sa f ety Requi rement s . To es tablish reasonable life s afety requ i rem ents fo r buil d ing s be i ng co nv e rt e d to and of fered for sale a s condominium u n its , the developer s hall c omp l y wi th the follow i ng re q ui r ements : (1) Ex i t s . (a) Numb r of Ex its . Eve r y floo r above t he fi r s t s t o r y used fo r human occupancy shall ha v e acc e ss t o at least t wo s parate xits , one of which ma y b e an e x t er io r fi r e escap complying with Subsection (d) of this ection . Subject to pproval of th City , an app r oved ladder d vic may be u d 1n lieu of a fir escap wh n the const r uction featur or loca ion of the building on the p r op rty mak th in tallation of a fir esc pe imp r acticabl • EXCEPTIO In all occupancies , s cond stor s with an occupant load of 10 or 1 ss may h v on exit. An xi dder vice, shall con or~ w th th ollowing: h n used in lieu of a fire acap , appropriate U.B.C. Stand rd and th (1) 5 rvea an occup nt load o 10 or less or a single dw ll ng unit or roo•. (2) The build ng do s no n he ght. 3 xce d hre a oriea • • • .. (3) The access is adjacent to an opening as specified for emergency egress or rescue from a balcony. (4) Shall not pass in front of any building opening below the unit being served. (5) The availability of activating the device for the ladder is accessible only from the opening or balcony served. (5) The availability of activating the device for the ladder is accessible only from the opening or balcony served. (6) So installed that it will not cause a person using it to be within 6 feet of any exposed electrical wiring. (b) Stair Construction. All required stairs shall have a minimum run of 9 inches and a maximum rise of 8 inches and shall have a minimum width of 30 inches, exclusive of handrails. Every s tairway shall have at least one hand- rail. A landing having a minimum 30-inch run in the direction of travel shall be provided at each point of access to the stairway . EXCEPTION: Fire escapes as provided for in this section . Exterior shall be noncombustible construction . EXCEPTION: On building s of Typ s III , IV and V (as defined in the Uniform 8uilding Code), provided th xterior stairs are constructed of wood not less than 2-inc h nominal thickness . (c) Cor rid o r s . Co rri do r s of Gr ou A, 8 , E, and H Occupancies (as defin d in the Uniform Building Cod ) se r ving as an exit for an occupant load of 30 or mor shall have walls and c ilings of not less than on -hour fir resistive construction as r quired by th Building Code . Exis ing walls surfac d ith wood lath and plaster in good condi ion or on -h 1! inch gypsum wallbo rd or o ninga with fix d wir d gl 5 set in ate 1 ram 5 re rmi ed for corridor wa lls and c ilings and occupancy s p rat ons when pprov d. Door opening into such corridor shall b prot cted by 20-mi nut ir mblie or solid ood door no le s than 1-3/4 inche hie • Where exi ting fram will no ccommod th 1-3/4 inch h c door , a l-3/8 inch hick solid bonded wood cor door or qulval n insula d ate 1 door 5h 11 b p rm t d. Doors &hall b l -clos n or auto ic-clo5 ng by amok on. Transo a openings o h r than doors rom 4 I • • • • corridors to rooms shall comply with appropriate sections of Chapter 33 of the Building Code dealing with corridor openings or shall be covered with a minimum of 3/4-inch plywood or 1/2-inch gypsum wallboard or equivalent material on the room side . EXCEPTION : Existi ng corridor walls, ceilings and opening protection not in compliance with the above may be continued when such buildings are protected with an approved automatic sprinkler system throughout. Such sprinkler system may be supplied from the domestic water system if it is of adequate volume and pressure . (d) Fire Escapes . (l) Existing fire escapes which in the opinion of the City comply with the intent of this section may be used as one of the required exits. The location and anchorage of fire escapes shall be of approved design and construction. (2) Fire escapes shall comply with the following: Access from a corridor shall not be through an intervening room. All openings within 10 feet shall be protected by three-fourth hour fire assemblies. When located within a recess or vestibule, adjacent enclosure walls shall be of not less than one-hour fire- resistive construction . Egress from the building shall be by a clear opening having minimum dimension of not 1 ss than 29 inch • Such openings shall b op nable from the inside without the use of a k y or special knowl dg or e fort. The sill of an opening giving access shall b not more than 30 inch s above the floor o( the building or balcony. Fire cap stairways and b lconi s shall support the dead lo d plus a live load of not 1 ss th n 100 pound r squ r foo nd shall prov d d w1th top and int rmediate h ndrail on each sid • h pitch of h stair y shall not xc d 60 degr e w th a lnlmum width o 18 1nches . Treads sh 11 not le th n 4 inch s in width and the ri e b t n tr ds h 11 no exc ed 10 nche All stair and b lcony r 1l1nga ah 11 u ort a horizon 1 ore o not leas han ~0 pounds p r lin 1 foo o railing. • I • • • • • Balconies shall be not less than 44 inches in width with no floor opening other than the stairway opening greater than 5/8 inch in width. Stairway openings in such balconies shall be not less than 22 inches by 44 inches. Th e balustrade of each bal con y shall be not less than 36 inches high with not more than 9 inches between balusters. Fire escapes shall extend to th e roof or provide an approved gooseneck ladder between the top floor landing and the roof when serving buildings four or more stories in height having roofs with less than 4:12 slope. Fire escape ladders shall be designed and connected to the building to withstand a horizontal force of 100 pounds per lineal foot; each rung shall support a concentrated load of 500 pounds placed anywhere on the rung. All ladders shall be at least 15 inches wide , located within 12 inches of the building and shall be placed flatwise relative to the face of the building. Ladder rungs shall be 3/4 inch in diameter and shall be located 12 inches on center. Openings for roof access ladders through cornices and similar projections shall have minimum dimensions of 30 inches by 33 inches. The lowest balcony shall be not more than 18 feet from the ground. Fire escapes shall extend to the ground or be provided with counterbalanced stairs reaching to the ground. Fire escapes shall not take the place of stairways required by the codes under which the building wa s const ructed. Fire scapes shall b ke t cl ar and unobstructed at all times and maintained in good working ord r. (e) Exit and Fire Escape Signs. Exit s gns shall b provided as required by the Building Code . EXCEPTION: The us of existing xit signs may b con inu d wh n pproved by th City . All doors or windows prov ding acces to sh 11 b provided with fir scape Slgn (2) Enclosure of v rt ical Sha t • fire escap Int rior vertical aha s, including but not li 1 d to s irways , wl v ora hol tway , se rvic and u 111 y aha ts, shall b nclosed by a minimum of on -hour fire-r slat vew cons ruction. All op nings in o such aha a shall b pro d wi h on -hou r r • • • • • - assemblies which shall be maintained self-closing or be automatic- closing by smoke detection. All other openings shall be fire protected in an approved manner. Existing fusible-link-type automatic door-closing devices may be permitted if the fusible link rating does not exceed 135 degrees F. A stairway in an exit enclosure shall not continue below the grade level exit unless an approved barrier is maintained at the ground-floor level to prevent persons from accidentally continuing into the basement. EXCEPTIONS: 1. In other than Group I Occupancies, an enclosure will not be required for openings serving only one adjacent floor. 2. Stai rways need not be enclosed in a continuous vertical shaft if each story is separated from other stories by one-hour fire-resistive construction or approved wired glass set in steel frames. In addition, all exit corridors shall be sprinklered and the openings between the corridor and occupant space have at least one sprinkler head above the openings on the tenant side. The sprinkler system may be supplied from the domestic water supply if of adequate volume and pressure. 3. Vertical openings need not be protected if the building is protected by an approved automatic sprinkler system. (3) Basement Access or Sprinkler Protection. An approved automatic sprinkler system shall b provided in basements or stories exc ding 1500 square feet in ar a and not having a minimum of 20 squar f et of opening entirely above th adjoining ground level in e ch 50 lineal f et or fraction her of of xterior w 11 on at 1 ast on side of th building. Op ning h 11 hav a minimum cl ar dim nsion of 30 inch s. If ny portion of from requir d op nings, the pprov d utom tlc sprin 1 r (4) Standpip s. prov1d d bui d ng n pprov than 7~ f t d wlth an r stores in h t~ht ah 11 b 1 or Cla a 111 t ndpip ays M. (5) ton o ccup nci 7 1n a • ( • • - (6) Illumination of Means of Egress. Illumination of means of egress shall be provided in accordance with the Building Code. Emergency lighting facilities for means of egress shall be provided for every building over one story in height. All emergency lighting systems shall be so arranged as to provide illumination automatically in the event of any interruption of normal lighting and shall be either continuously in operation or capable of repeated automatic operation without manual intervention. All lighting systems shall conform to the requirements of the National Electrical Code as adopted by the City. (7) Smoke Detectors. Every dwelling unit and every guest room used for sleeping purposes shall be provided with smoke detectors installed in accordance with the Uniform Building Code. (8) Sprinkler Protection. In buildings exceeding four stores in height an approved automatic sprinkler system shall be installed in all corridors and exit stairwells. A single sprinkler head shall be provided opposite the center of and inside any door opening onto a corridor or exit stairwell. Sprinkler system installations shall meet the requirements of the Building Code. (9) Fire Alarm Syst m. Approv d f i re alarms shall be provided for all Group E Occupanc es with an occupant load of more than 50 persons. In ev ry Group E Occupancy provided with an automatic sprinkler or detection sy tem, the op ration of such system sha l l automatically activate th fir alar ystem, which shall include n alarm mount d on the ex er or of the building. An approved f i re lar s ystem s hall b installed in Group H, Di v isi o n 2 , Occu pan ci e u e d f o r th e m nufa c turing of organ ic coat n g s s s p ecified in the Un fo rm i r e Co de. (10) 1 vato r a . r a hall b t he lobby c n • • • control only. The smoke detector is to operate before optical density reaches 0.03 per foot. (11) Security Syst ems . Security systems restricting access to a building are permitted provided that: building; (a) It does not restrict emergency exiting from the (b) A suitable means of access is provided for and app r o v ed by the Fire Department . (12) Mechanical Systems. (a) Existing Installations . Mechanical systems lawfully in existence at the time of installation may have their use ,maintenance or repai r continued if the use , maintenance or repair is in accordance with the original design and location and no hazard to life , health or property has been created by such mechanical system. (b) Maintenance . All mechanical systems , materials and appurtenances , both existing and new , and all parts thereof shall be maintained in proper operating condition in accordance with the original design and in a safe and hazard-free condition . All devices or s afeguards which are required shall be maintained in conformance with the code under which installed . (13) Plumbing Systems . (a) Exi sting Installations. Plumbing systems lawfully in exist nc at the time of installation may have th ir use, maintenance o r r pair continued if the use, maintenance o r repa ir is in accord nc with th o r iginal design and loc tion and no hazard to lif , he lth or p r oper y has been e r e t d by such plumbing system . (b) M intenanc • Al plumb ng syst ms, m teri ls and appurtenanc s , both xisting and n w, nd all par a ther o sh 11 be maint in d n prop r o r t ng cond tion n ccordance with the orig1nal design nd in aa e and ha~ard-fr e cond tion. All d vices or a feguarda which ar r uired shall b m intained in con ormance with the code under wh ch install d. (14) lee rical Systems . (e) l w ully in exi Ule , meint n nc lona. Electric 1 sya ems n1 alle ion y have th lr h u1 , m in n nee , or • • • .. repair is in accordance with the original design and location and no hazard to life, health or property has been created by such e lectrical system. (b) Maintenance. All electrical systems, material s and appurtenances, both existing and new, and all parts thereof shall be maintained in proper operating condition in accordance with the original design and in a safe and hazard-free condition. All devices or safeguards which are required shall be maintained in conformance with the code under which installed. h. Alternate Materials and Methods. Alternate materials and methods may be approved by the Director of Community Development provided such materials or methods comply with the spirit and intent of this ordinance. i. Utility Service. The Developer shall make application to the Director of Utilities and shall comply with the Water Code and Sewer Code regulations in existence at the time of the application. Any appeal from an adverse decision by the Director of Utilities will be to the Water and Sewer Board as provided by the Water Code and Sewer Code. j . Conversion of Commercial and Industrial Buildings to Condominiums. Th i s ordinance shall also apply to the conver s ion of commercial or industrial buildings by a developer and the developer must comply with all applicable provisions of this ordinance but need not comply with the requirements for tenant protection, Section 22.4Ed above. k. Administrative Procedure. When the information required under Section 2 2.4E c has been submitted to the Department of Co mmunity Devel o pment, the following procedure sha ll be i mplemented: (2) Th D r ctor of Commun ty D velop nt shall sue hirty (30) days f r o the submis ion o the co pleted pl cation , writ en decision a to wh ethe r or not t he pplica- ca on o conv rt m s h r equirem nt s of thia ordinance nd is ace pted or re) ct d . 10 I • • • • (3) If the application is rejected, the basis for rejection shall be specified in the Director's written decision. The developer has ten (10) days from the receipt of the written decision of rejection to file a notice of appeal to the Board of Adjustment and Appeals. Section 2. Hearing. In accordance with Section 40 of the City Charter, the City Council shall hold a public hearing on this Ordinance before final passage at 7:30 P.M. on Monday, October 3, 1983. Introduced, read in full, and passed on first reading on the 6th day of September, 1983. Published as a Bill for an Ordinance on the _____ day of September, 1983. Attest: Eugene L. Ot1s, Mayor ex officio City ClerK-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, h reby certify that the above and foregoing is a true, accurate and complete copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 6th day of Septemb r, 1983. Gary R. Higbee l1 • • .. 1G ORDI NANCE NO. BY AUTHORITY SER IES OF 198~3------ A BILL FOR CO UNCIL BILL NO . 35 INTRODUC~ BY COUNCIL MEMBER AN ORDINANC E AM ENDING SECTIONS 5-26-3(1 ), (4) AND (5) AND 5-26-5(8) AND SECTION 5 15 38, PARAGRAPHS 3 AND 4, OF THE ENGLEWOOD MUNICIPAL CODE '69 CONCERNING OUTSIDE EMPLOYMENT AND REEMPLOYMEN T PROVISIONS OF THE ADMINI STRATIVE PROCEDURES . WHEREA S , the City Council has previously enacted a Career S ervice S ystem Ordinance for the City o f Englewood pursuant to Article XV of the Englewood City Charte r; and WHEREA S , City Council is authorized and directed to enact appropriate o rd inances for the implementation of the Englewood Ca reer Service System; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. That Section 5-26-3(1), (4) and (5) of the '69 E.M .C. Is amended to read as follo ws: 5-26-3: OUTSIDE EMPLOYMENT (1) City employment shall be considered th primary employment; and no employee may engage in out ide employm nt which in any manner interferes with proper and effective job perform nee, results in a conflict of interest or which may subj ct City gov rnm nt to public critic! m or embarra sment. (4) nt, the on . o r t • • • • • Section 2. That Subsection (8) is added to 5-26-5 of the '69 E.M.c. to read as follows: (8) Interpretations of conflict of interest may be appealed to the City Manager. Section 3. That Section 5 15 38, paragraph 3, of the '69 E.M.C. is amendea to read as follows: 5 15 38 REEMPLOYMENT If a former employee is reemployed, (s)he may be required to serve a probationary period in the discretion of the department head subject to the approval of the City Manager. Section 4. That paragraph 4 is added to Section 5 15 38 of the '69 E.M.C. to read as follows: Any employee who is rehired may be rehired with his or her seniority rights and benefits wh ich existed at the time of his or her jo b termination in the discretion of the department head subject to the approval of the City Manager. Introduced, read in full, and passed on first reading on the 6th day of September, 1983. Bill for an Ordinance on the 7th day of Attest: Eug n L. Ot1s, Mayor x officio City Clerk-Treasurer of is H gb , ex officio C ty Cler -Treasurer of the City do, hereby certify that the above and or going nd complete copy of a Bill for n Ordinance, full, and passed on fi rat reading on the th 1983. - • • • • • 1G BY AUTHORITY ORDINANCE NO. SERIES OF 198=3------COUNCIL BILL NO. 35 INTRODUCED BY COUNCIL A BILL FOR MEMBER ______________ __ AN ORDINANCE AMENDING SECTIONS 5-26-3(1), (4) AND (5) AND 5-26-5(8) AND SECTION 5 15 38, PARAGRAPHS 3 AND 4, OF THE ENGLEWOOD MUNICIPAL CODE '69 CONCERNING OUTSIDE EMPLOYMENT AND REEMPLOYMENT PROVISIONS OF THE ADMINISTRATIVE PROCEDURES. WHEREAS, the City Council has previously enacted a Career Service System Ordinance for the City of Englewood pursuant to Article XV of the Englewood City Charter; and WHEREAS, City Council is authorized and directed to enact appropriate ordinances for the implementation of the Englewood Career Service System; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. That Section 5-26-3(1), (4) and (5) of the '69 E.M.C. lS amended to read as follows: 5-26-3: OUTSIDE EMPLOYMENT (1) City employment shall be consider d the primary employment; and no mployee may engage in outside employment which in any mann r int rferes with proper and effective job p rformanc , result in a conflict of intere t or which may subject City gov rnment to public criticism or mbarrassm nt. (4) nt, the o r • • • • Section 2. That Subsection (8) is added to 5-26 -5 of the '69 E.M.C. to read as follows: (8) Interpretations of conflict of interest may be appealed to the City Manager. Section 3. That Section 5 15 38, paragraph 3, of the '69 E.M.C. is amendea to read as follows: 5 15 38 REEMPLOYMENT If a former employee is reemployed, (s)he may be required to serve a probationary period in the discretion of the department head subject to the approval of the City Manager. Section 4. That paragraph 4 is added to Section 5 15 38 of the '69 E.M.C. to read as follows: Any employee who is rehired may be rehired with his or her seniority rights and benef i ts which existed at the time of his or her job termination in the discretion of the department head subject to the approval of the City Manager. Introduced, read i n full, and passed on f irst reading on the 6th day of S epteinber , 1 98 3. Published as a Bill for an Ordinance on the 7th day of Septemb er , 1983. Eugene L. Oti s , May o r Atte s t : e x o f ficio City Clerk-Treasurer I, Gary R. Higbe , ex o!fic o City Clerk-Tr surer of the City of Englewood , Colorado, hereby certify tha the above and foregoing 1 true, accurate and c oaplete copy o a Bill for an Ordln nc , introduced, read in full, and passed on flrat reading on the ~ day of S p mb r , l 83. Gary R . Higbee • II - • • • • •' • 1)/ RESOLUTION NO. 45 SERIES OF 1983 A RESOLUTION SETTING FORTH THE INTEREST RATES ON THE GENERAL OBLIGATION BONDS OF THE CITY, DATED OCTOBER 1, 1983, IN THE PRINCIPAL AMOUNT OF $4,600,000. WHEREAS, the City Council of the City of Englewood, Colorado, has, by Resolution No. ~· passed and adopted on August 15, 1983, awarded the purchase of General Obligation Bonds of the City, dated October 1, 1983, (the •Bonds•) in the principal amount of $4,600,000, to United Bank of Denver, in accordance with their proposal dated August 15, 1983; and WHEREAS, by Council Bill No. 47, i ntroduced, read in full and passed on first reading on August 15, 1983, and con- sidered on final reading at this meeting on September 6, 1983, the City Council has authorized the issuance of said Bonds, having a net effective interest rate of 9.5746' per annum, for the purpose of acquiring land and con s truct i ng and equipping a c o munity center and related app urtenance s , for the City; and WHEREA S , it is n e ce ss ary t o c onf i rm the interest rates sub~itted by t he best bidde r for the purchase of the Bond s : BE I T RESOLVED BY THE CITY COUN C IL OF THE CITY OF ENGLEW OO D, COLO RAD O: Section 1 . Interest Rate s . The Bond s s hall bear interest payable a miannually on e ac h J un e 1 and Dec mber 1, cOfllm ncing on June 1, 1984, and shall mature on Dec ber 1 each y ar, aa follow s : • • • • • • Maturit::z: Amount Interest Rate 12/1/1985 $105,000 11 .00% 12/1/1986 115,000 11 .00% 12/1/1987 125,000 10.50% 12/1/1988 135,000 10.25% 1'2/1/1989 150,000 10.25% 12/1/1990 $165,000 8.75% 12/1/1991 180,000 8.50% 12/1/1992 200,000 8.70% 12/1/1993 215,000 8.90% 12/1/1994 240,000 9.10% 12/1/1995 $260,000 9.25% 12/1/1996 290,000 9.40% 12/1/1997 315,000 9.50% 12/1/1998 345,000 9.60% 12/1/1999 380,000 9.70% 12/1/2000 $420,000 9.80% 12/1/2001 460,000 9.85% 12/1/2002 500,000 9.75% Section 2. Rat i fication of Prior Action. That the prior action of the City Council in award i ng the contract for the purchase of the Bonds to the purchaser thereof, is hereby ratified and approved. Section 3. Severab i lit::z:. That if any one or more sections or parts of t h is Reso l ut ion s ha l l be adjudged u nenforce- able or invalid, s uch j udgment shall not affect, i mpa i r or invali- date the remain i ng pro v ision s o th is R solution, it being the intention that th e var ious p r o v1 a i o n s h r of are s verable. ADOPTED AND AP PROVED Th a 6th day of September, 1983. ( S E A L ATT ST: Director of Finance, x-officlo Ci y Clerk-Tr aaurer I , Gary Cl rk-Tr aaur r o that h above and o go of R aolu on No. ~· Eugen L. Otis, Mayor nanc e x-orr clo c y , Colorado her by certify ccurat nd co ple copy I • • • • • 1)/ RESOLUTION NO. 45 SERIES OF 1983 A RESOLUTION SETTING FORTH THE INTEREST RATES ON THE GENERAL OBLIGATION BONDS OF THE CITY, DATED OCTOBER 1, 1983, IN THE PRINCIPAL AMOUNT OF $4,600,000. WHEREAS, the City Counci~of the City of Englewood, Colorado, has, by Resolution No. ~, passed and adopted on August 15, 1983, awarded the purchase of General Obligation Bonds of the City, dated October 1, 1983, (the •Bonds•) in the principal amount of $4,600,000, to United Bank of Denver, in accordance with their proposal dated August 15, 1983; and WHEREAS, by Council Bill No. 47, introduced, read in full an~ passed on first reading on August 15, 1983, and con- sidered 6n final reading at this meeting on September 6, 1983, the City Council has authorized the issuance of said Bonds, having a net effective interest rate of 9.5746\ per annum, for the purpose of acquiring land and constructing and equipping a community center and related appurtenances, for the City; and WHEREAS, it is necessary to confirm the interest rates submitted by the best bidder for the purchase of the Bonds: BE IT RESOLVED BY THE CITY COUNCIL Or THE CITY Or ENGLEWOOD, COLORADO: Sec ion 1. Interest Rates. The Bonds shall bear interest payable semiannually on each June 1 and December 1, COIUiencing on Jun 1, 1984, and shall •ature on December 1 each year, aa follows: • I • • • • • Maturity Amount Interest Rate 12/1/1985 $105,000 11.00% 12/1/1986 115,000 11.00% 12/1/1987 125,000 10.50% 12/1/1988 135,000 10.25% 1'2/1/1989 150,000 10.25% 12/1/1990 $165,000 8.75% 1 2/1 I 19 91 180,000 8.50% 12/1/1992 200,000 8.70% 12/1/1993 215,000 8.90% 12/1/1994 240,000 9.10% 12/1/1995 $260,000 9.25% 12/1/1996 290,000 9.40% 12/1/1997 315,000 9.50% 12/1/1998 345,000 9.60% 12/1/1999 380,000 9.70\ 12/1/2000 $420,000 9.80% 12/1/2001 460,000 9.85% 12/1/2002 500,000 9.75% Section 2. Ratification of Prior Action. That the prior action of the Ci ty Council in awarding the contract for the purchase of the Bonds to the purchaser thereof, is hereby ratified and· approved. Section 3. Severability. That if any one or more sections or parts o f thi s Re s olution shall be adjudged unenforce- able or invalid, s uch j udgmen t shall not affect, impair or invali- date the rema i n i ng pro vis i ons o f this Resolution, it being the intention that the var ious pr o v is ion s hereof are severable. ADOPT ED AND APPR OVED Th is 6th day of September, 1983. ( S E A L ATTEST: Director of Finane , ex-officio City Cl rk-Tre sur r Eu g e ne L. Otis , Ma y or I, Gary R. Higb e, Director of Fi na n ce e x -officio C ty Cl rk-Tr asurer of h City of nglewood , Colora do hereby certify that h a ove and or going a a true , accurat and complete copy of Resolu Lon o. ~, s r a o 1 83. e • I • - I ( I • • • • • ·-,_., ______________________________ , ____ , __ _ C 0 U N C I L DAT E 8/17/83 C 0 M M U N I C A T I 0 N AGENDA ITEM SUBJECT Gal f Course Tree Donation by Ken & Jean Carlberg ~A --·---· ---------'------"<.~'-----'------------- I NITIATED BY E. P. Romans, Director of Parks & Recreation~ 1\C i'ION PH OPOS EJ) _'1Qtl~!£__!!xe~-~-J2D_q _fr~t .~e Par~s--~ Recrejl~fon Foundat ion_ Trust Fund for a tree tq be placed on t~~ 1st 9 helPs of thP EnQI_!!~~od _~~!c l pa L G~Lf Course. ----------------------------------------------------------Background: The Parks & Recreation Office has received a $200 tree donation from Ken & Jean Carlberg, llt39 ~1. Sterne Parkway, Littleton, Colorado, wh ich has been deposited in the Parks & Recreation Foundation Trust Fund. Specific request of the donor Is for a tree to be placed on the 1st 9 holes of the Englewood Municipal Golf Course. Present Status: The Parks ' Recreation Comm ission, act ing as Trustees of the Parks & Re creation Foundation Trust Fund, at the August lith monthly meeting, unanimously approved by motion that a recommendation be sent to City Council authorizing a n expend iture of $200 for a tree to be placed on the first 9 holes of the Englewood Mun icipal Golf Course. Re commended Act ion: A motion by Counc i l authorizing an expenditure of no mor e than $200 from th Parks ' Recreat ion Foundat ion Trust Fund to place 1 tree on the 1st 9 holes of the Englewood Mu nicipal Golf Course as requested by donors, Ken ' Jean Carlberg • • I • • - . ' I • C 0 U N C I L DATE September 1, 1983 • • - C 0 M M U N I C A T I 0 N AGENDA ITEM 8 B SUBJECT Resolution amending the Public Improvement Fund INITIATED BY ----~C~it~y~M~an~a~g~e~r~·s~O~ff~i~c~e------------------------------ ACTION PROPOSED __ ~Ap~p~r~o~ve~t~~~a~t~t~ac~h~e~d_R~e~s~o~lu~t~i~o~n~·---------------------- BACKGROUND At the City Council Meeting of August 15, 1983, a presentation ~1as made by Urban Edges Inc. and South Suburban Park Foundation regarding a request of funds for the develop~nt of a trail system along the South Platte River from Bates Avenue in Denver to Hampden Avenue in Englewood. At that time, t~ City Council as ed that representatives of these two agencies reappear at the September 6th City Council meeting for a decision on the contribution to this project. As was directed by the City Council, staff has prepared the attached Resolution amending the Public Improve nt rund and allocating $50,000 for the Platte River Creenway. As City Council y be aw r~ th City Council of Lf tleton was asked for a contribution of $25,000 but contributed only $15,000 • • . • • RESOLUTION NO. SERIES OF 1983 • • • A RESOLUTION AMENDING THE PUBLIC IMPROVEMENT FUND. WHEREAS, the City Council of the City of Englewood, Colorado, desires to make certain changes within the Public Im- provement Fund; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Englewood, Colorado, as follows: Section 1. The following estimated revenues and appropriations of funds are hereby made in the Public Improvement Fund: Source of Funds: Fund Balance $ 50,000 Application of Funds: Greenway Development Along Platte River $ 50,000 Section 2. The City Manager and Director of Finance are hereby authorized to make the above changes to the 1983 budget of the City of Englewood. ADOPTED AND APPROVED this day of ----------' 1983. ATTEST: Eugene L. Otis, Mayor ex officio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, do hereby certify that the above and foregoing is a true, accurate and complete copy of Resolution No. ______ , S ries of 1983. Gary R. Higbee • I • • - ( • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE August 30, 1983 AGENDA ITEM ~(, INITIATED BY SUBJECT EASEMENT FOR SOUTH PLATTE RIVER IMPROVEMENTS ACT I ON PROPOSED Approve permanent easement for South Platte River Improvements BACKGROUND & INTRODUCTION: Several years ago , the u.s. Army Corps of Eng~neers began planning the 100-year flood improvements on the South Platte River through the cities of Englewood, Littleton, and Sheridan. Those plans have been designed, and the firs t stage of the project is about to begin. This first stage includes t drop structures upstream of Oxford Avenue, a control bed structure north of Oxford, and bank stabilization from Oxford Avenue to Bear Creek along the Englewood Go lf Course. In order for the Corp of Engineers to s of the Colorado Water Cons rvat~on Board The Board has author~zed s n Dial to tact d us cone rning a at ch d.). A you may r call, th C~ty o~ Engle ~s Dry Cr k Detention Pond proJect o rebuild the Co rps of Engineers can place the rock s in excava ion at th d tent1on pond and the h d to stockpile 18 ,000 cub~c y rd a of If th mat ri l w re to pl c d along h h Corps could pu h 1r rock on this aater1al to h n /or th Color 1ng thls mater1al • DATI It. is rva tional • South Pl t o pr pa his project , ~t is th respons~bil~ y cquir all easemen s and right-of-ay. land acq~s~t~on, and h has con- d d along the golf course (Informa ion I • • - • • • • • August 30, 1983 TO: Andy McCown, City Manager FROM: Gary R. Diede, Director of Engineering SUBJECT: EASEMENT FOR SOUTH PLATTE RIVER NEAR GOLF COURSE With regard to the memo I sent you dated August 15, 1983, Stan Dial has provided a new easement agreement for our review. Basically, it removes the indemnity clause as required by the Attorney General's office. The legal description has not changed and is attached to the new agreement. I will still need the City Attorney's comments, City Council approval procedure and time schedule with emergency clause if an ordinance is necessary, and the expected payment for the easement. GRD/ldo Attach . I • - c· • • • • R ~-r · ;: · .. i ;_ I · L '· •-· L '-' August 15, 1983 Clf Y MM. 1 1t:;:K 1 utTIL':. ~~ ~~ TO: Andy McCown, City Manager FN GLE WCO '! . .1\)t Gary R. Diede, Director of Engineering Serv~cest1 ' FROM: SUBJECT: EASEMENT FOR SOUTH PLATTE RIVER NEAR GOLF COURSE The u. S. Army Corps of Engineers is proposing bank stabilization improve- ments along the South Platte River from OXford to Bear Creek. As part of the project , the State Water Conservation Board is responsible for acquiring the easements from landowners to accomplish this work. Attached is an easement agreement prepared by them for the City to sign. The legal description was prepared by our department and will serve the needs of the Corps of Engineers for construction and placing of rock along the river bank. I would ask: 1) how you would like to proceed through City Council to get the easement approved, 2) Will Council expect more than $10 for 15 acres of easement? 3) Will you please ask th City Attorney for his comments on the easement agreement? This easement is important because the Corps will not proceed with the bank stabilization until the easement is acqu1.red. We have already decided to hold up placement of the detention pond material until the Co rps can give a definite date for placing the rock along the bank. GRO/ldo Attach. • • • • • • STANLEY H. DIAL (: 3351 South Field Street 1198 -P.O. Box 27338 -Lakewood, Color.clo 80227 -(303) 987-2633 August 26, 1983 Mr. Gary Diede City Engineer City of Englewood 3400 South Elatl Street Englewood, Colorado 30110 Dear Gary, This letter Is wr i tten as a follow-up to our conversation regarding the plans for the rechannellzatlon of the South Platte River by the U. S. Army Corps of Engineers, who are hopeful of awarding a contract yet this fall for phase one which will be on each side of as well as under the bridge on Oxford Avenue. Enclosed you will find a revised Easement For River Rechannellzatlon Improvements which Is essentially the same as the draft I gave you several weeks ago with two exceptions . First, the attorney general's office says the state cannot Indemnify another party and, therefore, that paragraph was removed. Secondly, the paragraph that we discussed regarding the performance of nonmal maintenance was added. You Indicated during our last conversation that you felt It Might be possible for the approving ordinance to have an e rqency clause I n order to expedite Its enactment. Please let know I f there Is any- th i ng further that I can do to ass i st In th i s r eque t . Cordi a lly, _;..:-;r:;; St nley H. Dial SHO · Enclo ure • ...... (: (, • • ENGLEWOOD DRAFT 8/26/83 DEPARTMENT/AGENCY *----------- CONTRACT ROUTING *------------ EASEMENT FOR RIVER RECHANNELIZATION IMPROVEMENTS THIS EASEMENT, made this -----day of __ -----------• 19 ___ , between ------------------------------------------------------------ of the County of -----------------' of the State of Colorado, of the first part; and the State of Colorado for the use and benefit of the Department of Natural Resources <Colorado Water Conservation Board>, hereinafter r~ferred to as part y of the second part, WITNESSETH: That for and tn constd eration of the sum of Ten Dollars and other consideratton, cash tn hand pa id, the receipt of whtch is hereby acknowledged, parties of the first part have this day conveyed and transfered and delivered unto the party of the second part a permanent easement and right of wa y, including the perpet ual rtgh to enter upon the real estate heretnafter descrtbed at any ttme 1 may see ftt nd construc t, maintatn, servtc and rep tr tmprovements to the South Platte Rtver channel for the purpose of conveytng rtver flows over, cross, and through the lands heretnafter descrtbed, together wt h the rtght to remov trees bushes, un dergrowth and oth r obs rue tons tnterfertng wtth the loca ion, constructton and matn enance of satd improvements to th rtver ch nnel. The easemen nd rtgh of way hereby granted ts loca ed tn the Coun y of ------------------_, Sta e of Colorado, and ts over, across and hrough a parcel of land descrtbed as follows: To ha and hold such eas and rtgh par y of he s cond par and unto 1 s successors p r Y possess d o good nd 1 w ul a ove d scrlb d -l - • of wa y unto he nd ass1gns forever. Wl h h they have a , ha he all I • - (: (. • • • encumbrances and that they will forever warrant and defend the title thereto against the lawful claims of all persons whomsoever. The first party further grants to the second party the right of 1ngress to and egress from said strip over and across said lands by means of roads and lanes thereon if such there be; otherwise by such route or routes as shall occasion the least practical damage and inconven1ence to the first party. Second party hereby covenants and agrees to perform its construction and maintenance operations with dispatch and with care and, immediately upon completion of its operations, shall repair any damage it shall have done to the first party's fences, roads, lanes or other improvements. The party of the fir st part will perform such normal ma1ntenance as is appropriate on the property hereby leased including cutt1ng weeds, landscaping and repair of minor surface erosion. However, nothing here1n conta1ned shall in any way obligate the party of the first part to ma1ntain the rip rap, we1rs or other channel improvements constructed by the party of the second part or the U.S. Army Corps of Engineers. F1rst party reserves the r1ght to use said easement and r1ght of way for purposes wh1ch will not interfere with the second party 's full enJoyment of the r1ghts hereby granted! provided that the f1rst party s hall not erect or construct any bu1lding or other struc ture or dr1ll or operate any well or remove any so1 l, sand or gravel 1n s a1d easement and right of way or 1n any way alter th channel 1mprovements made by part y of the second p .art . Th prov1s1ons hereof sh 11 1nure to the benef1 of and b1nd the successors and ass1gns of the respect1ve part1es here o and all covenants shall apply to and run w1th the land. IN WITNESS WHEREOF. the p.art1es here o h ave set thelr hands and seals the day and year f1rst above wr1tten. PARTY 0 TH SECOND PA T: PARTY 0 TH FIRST PART: ADO, ---------------------------- c ---------------------------- By ------------------------------------------------- --------------------------------------------------- -.. - • I • • -• • • ' . 't:· . ',!.· .. r·• • 1,, j \!!; ~~ ·.1. r • . . U.S. 11RMY CORPS OI" ENGINEERS' RIGIIT-OI"-W11Y THROUGH GOLI" COURSE: 13eginning ell: the SW Corner of the NWI4 of th111 81~~ of Sec. •J 1 '!'1~1?. 5 s. 1 !lange 60 w. ·of l:he 6th P.M. 1 .1\.l.'tiJ,ICiho• Co1.1nty1 olo~o·acSo, thenc~ s. age 38' 51" E. aloni the s. line of the N .... of! the s~ 421. 38' 1 thance N. 01 1 13' J.L" E. l 41Q.o•, ttum .... o ..... ·.~··•!" ... ~.ouv.u ·; thenc• N. :\• 24 1 33'31" E. 720.0'1 thence N. 741 18'31" E. 370.0'1 thence N. l~ 31'29" \• W. 150.0'1 thence s. 741 18'31'' w. 439.55'1 thence s. 24°33'31" w. 799.84'1 '' thence S. 16°43'31" w. 629.90'1 thence 8. 01"13'31" w. 556.05'; thence ,¥.•1 s. 56° 43'31" w. 34:l.O' 1 to a point on the w. line ot Sec. 41 'l'WJ,1. 5 s. 1 • Ranqe 68 W.; thence s. cf:l3'31" w. 688.0' to the Point of Beiilln.l.ng 1 exce pt the ao1.1th 80' the reof. Said parcel contain• 15.204 acrea. aaaia of bearinqa from Polaria taken January 201 1981. 6/14/83 PX/1o • • • • • 0 • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE AGENDA ITEM August 25, 1983 ~D INITIATED BY City Manager SUBJECT 1984 Proposed Budget/General Revenue Sharin Funds ACTION PRO PO SED._M_o_t_i_o_n_b_e_ma_d_e_e_s_t_a_b_l_i_s_h_in~g_d_a_t_e_o_f_S.....:_p_te_mb_e_r_1_9_,_19_8_3_,_a_s __ date of public hearings to consider the 1984 Proposed Budget and the proposed uses for 1984 General Revenue Sharing funds. Background Article X, Section 82 of th Charter requires that the City Manager submit to City Council by the fifteenth of September of each year the Annual Budget. The Charter further states in Section 87 o! the same Article that a public hearing is required within three w eks after the budget's submission to City Council. Th 1984 proposed Annual Budget shall be transmitted to City Council on September 12, 1983. It is th r comm ndation of this office that the public hearing as called for in Section 87 of Article X be h ld on Sept mber 19, 1983. This timing would provid citiz ns tb opportunity to comm nt on this subject prior to the scheduled Council budget r tr at, and for Council to giv full consid ration to their input. A parat public h aring cone rning th propos d us for 1984 C ner l R v nu Sharing funds is also n c aaary to comply with federal r gulstion • This public h aring hould also b scb dul d for S ptemb r 19, 1983, to comm nc aft r completion of th public h aring on the propos d 1984 budg t. A .ation Council d te d l. 2. To co td r th To conald r th PublicatSOII o e U with 198 p po prop d u 3, r gularly sch dul d 1983, at 7: 0 p.a. a th ral R v nu Shsrina fund • n d by th Cit Cl rk in • • •