Agenda_2020_7_21_MeetingCITY OF BOULDER
CITY COUNCIL AGENDA ITEM
MEETING DATE: July 21, 2020
AGENDA TITLE: Consideration of a motion authorizing the city manager to enter into
a settlement agreement relating to the subrogation claim brought against the city by
United Services Automobile Association (USAA).
PRESENTERS
Jane S. Brautigam, City Manager
Tom Carr, City Attorney
Luis Toro, Senior Assistant City Attorney
James Brown, Risk Manager
EXECUTIVE SUMMARY
This matter arises out of a subrogation claim filed against the city by USAA related to an auto
accident involving a City vehicle.
The purpose of this agenda item is to seek council approval to allow the city manager to enter
into a settlement agreement with USAA. The parties have agreed to settle the property damage
claim for a proposed payment of the actual current value of the vehicle, $22,537.80. The city
manager and city attorney recommend approval of the settlement.
Because the amount of the proposed settlement exceeds $10,000, City Council approval is
necessary pursuant to section 2-2-14(c) B.R.C., 1981.
Item 3A - USAA Subogation Settlement Page 1
STAFF RECOMMENDATION
Suggested Motion Language:
Staff requests council consideration of this matter and action in the form of the
following motion:
Motion to authorize the city manager to enter into an agreement to settle a property
damage claim filed by United Services Automobile Association (USAA) against the
city in the amount of $22,537.80.
COMMUNITY SUSTAINABILITY ASSESSMENTS AND IMPACTS
Economic: Not applicable.
Environmental: Not applicable.
Social: The resolution of disputes is generally of social benefit and the resolution of this
dispute will free up city attorney time to work on other projects.
OTHER IMPACTS
Fiscal-Budgetary: Payment for the proposed settlement will be made from the city’s
property and casualty fund, which was established and funded for the purpose of paying
claims and settling cases. This settlement is within the city’s anticipated loss planning
parameters.
Staff Time: The city attorney’s office represents the city in this matter.
BOARD AND COMMISSION FEEDBACK
None
PUBLIC FEEDBACK
None
BACKGROUND
A car driven by USAA’s insured driver, Caroline Barry, was struck by a City vehicle. USAA
paid the claim and filed a subrogation claim against the City.
The settlement is in the amount of $22,537.80.
ANALYSIS
It is not possible to predict the outcome of a trial. Given the projected costs of litigation, the city
attorney believes that it is unlikely that the city will be in a significantly better economic position by
litigating the case as compared to accepting the settlement offer. The city manager supports the
proposed settlement.
Item 3A - USAA Subogation Settlement Page 2
OPTIONS:
Council has the option of approving or rejecting the proposed settlement. If the settlement is rejected,
the matter will continue to trial.
Item 3A - USAA Subogation Settlement Page 3
CITY OF BOULDER
CITY COUNCIL AGENDA ITEM
MEETING DATE: July 21, 2020
AGENDA TITLE:
Introduction, first reading, consideration of a motion to publish by title only, and adopt as an
emergency ordinance no 8407, approving a loan, evidenced by the City of Boulder, Taxable
Pension Obligation Refunding Notes, Series 2020, in the aggregate principal amount not to
exceed $6,050,000 (the “Note”) for the purpose of refunding the City’s Taxable Pension
Obligation Bonds, Series 2010 (the “Series 2010 Bonds”) at a lower interest rate; providing
for the payment and cancellation of the Series 2010 Bonds, and for the payment of the Note
from the same pledge of General Fund Revenue as the City’s Series 2010 Bonds; authorizing
the competitive request for lending proposals and subsequent sale of the Note to a financial
institution to fund and to pay related costs of issuance of the Note.
PRESENTERS:
Jane S. Brautigam, City Manager
Tom Carr, City Attorney
Kathy Haddock, Senior Assistant City Attorney
Cheryl Pattelli, Chief Financial Officer
Ron Gilbert, Assistant Controller
EXECUTIVE SUMMARY:
City Council is asked to consider approval of an emergency ordinance that authorizes the City
Manager to call for a competitive request for lending proposals of the Note in the aggregate
principal amount not to exceed $6,050,000 on such date as City staff determines (currently this will
be July 22, 2020). The City staff and the City’s financial advisor (Hilltop Securities) are constantly
reviewing the City’s outstanding debt issues to determine if savings can be realized by doing a
refinancing of the debt – called a current refunding. The Note proceeds will be used to refund the
Series 2010 Bonds, and pay necessary issuance costs related to the Note. The estimated savings
from this current refunding is $636,000. The City’s financial advisor and bond counsel have
confirmed that this Note issuance is being issued in compliance with Federal tax laws, State statutes
and the City Charter.
One test used to assess the appropriateness of a current refunding is to calculate the net present
value savings as a per cent of the refunded bonds. The common threshold recommended is 3% to
5% of the refunded bonds. The projected annual savings for a current refunding of the outstanding
Series 2010 Bonds is approximately $63,000. These savings converted to a gross present value
calculation is 9.62% of the refunded principal and in excess of the recommended threshold.
- Refunding of the 2010 Pension Obligation Bonds Page 1
STAFF RECOMMENDATION:
Staff requests council consideration of this matter and action in the form of the following motion:
A motion to publish by title only, and adopt as an emergency measure ordinance no 8407
(Attachment A); approving a loan evidenced by the City of Boulder, Taxable Pension Obligation
Refunding Note, Series 2020 in the aggregate principal amount not to exceed $6,050,000 for the
purpose of refunding the City of Boulder, Colorado Taxable Pension Obligation Bonds, Series 2010
at a lower interest rate; providing for the payment and cancellation of the Series 2010 Bonds and for
the payment of the Note from the same pledge of General Fund revenues as the Series 2010 Bonds;
authorizing a direct bank loan transaction which provides several benefits for an issuance of this
size and duration to be executed through a competitive request for lending proposals and
subsequent sale of the Note to a financial institution and the payment of related costs of issuance of
the Note; and providing the effective date of the ordinance.
OTHER IMPACTS:
Fiscal: The annual savings which is projected at approximately $63,000 per year will be
incorporated into future budgets beginning with the 2021 budget through the term of the
refunding. Total estimated savings over the term of the refunding is $636,000.
Staff time: Administration of the revised debt service on the Note is part of the normal staff
time that is included in the appropriate department budgets.
BACKGROUND AND ANALYSIS:
The City staff and the City’s financial advisor (Hilltop Securities) are constantly reviewing the
City’s outstanding debt issues to determine if savings can be realized by doing a refunding. One
test used to assess the appropriateness of a refunding is to calculate the net present value savings as
a percent of the refunded bonds. The common threshold recommended is 3% to 5% of the refunded
bonds. The current refunding of the City of Boulder, Taxable Pension Obligation Refunding Bond,
Series 2010 meets this threshold.
The projected savings for the Series 2010 Bond refunding is approximately $63,000 per year
or a total of $636,000. These savings converted to a gross present value calculation are
9.62% of the refunded principal.
This sale of the Note is expected to close in September 2020.
An analysis of the refunding performed by Hilltop Securities is included as Attachment B.
The analysis in Attachment B includes three options.
o The first option, Uniform Savings, was the chosen option for the city. This option
assumes equal annual savings over the term of the refunding and assumes an
October 2020 and 2021 principal payment. The annual savings over the life of the
refunding are approximately $63,000 per year, or a total of $636,000.
o The second option, Savings in FY 2020, assumes the city uses debt proceeds to make
the October 2020 principal payment. The city will not need to use the funds
- Refunding of the 2010 Pension Obligation Bonds Page 2
originally budgeted in 2020 to make this payment. All savings generated from the
refunding happen in 2020 and the remaining payments over the term of the
refunding are similar to the payments before refunding; therefore, there are no
annual payment savings other than the savings in 2020. Total savings over term of
the debt is $551,000.
o The third option, Savings in FY 2020 and 2021, assumes the city uses debt proceeds
to make the October 2020. The city will not need to use the funds originally
budgeted in 2020 make this payment. The city will defer the 2021 principal
payment and start making principal payments on the refunding in 2022. Therefore,
the city will only need to budget the cost of interest in 2021, not interest and
principal and all savings generated from the refunding happen in 2020 and 2021. All
remaining payments over the term of the refunding, beginning in 2022, will be
approximately $67,000 higher than the payments before refunding. The city would
have to budget for the higher payments beginning in 2022. Total savings over term
of the debt is $483,000.
City staff will proceed with the first option, Uniform Savings, because staff believe it is the
most responsible option to ensure financial stewardship.
If council supports the proposed ordinance, staff recommends using a competitive request for
lending proposal process for the loan. Under this process, a request for lending proposals will be
distributed through an electronic solicitation platform used by the City (BidNet) to financial
institutions who then perform their own internal credit analysis to assess the credit worthiness of the
proposed transaction, which determines the interest rate level they are able and willing to offer.
Upon the due date of terms, potential lenders send their best rate offer to the City, not unlike the
competitive bidding process for public bond sales. The selected lender will be determined by the
City’s chief financial officer in consultation with the City’s financial advisor based on the terms
presented and the benefits to the City.
Section 98 of the City of Boulder Charter gives City Council the option to authorize a negotiated or
competitive direct sale of bonds or other obligations, given that the City Manager makes a
recommendation to council as to which type of sale would be most advantageous to the City.
Certain features of the proposed refunding such as relatively small par amount, short final maturity,
and high credit quality make it a strong candidate for a direct loan with a commercial bank. This
type of sale provides several benefits for an issuance of this size and duration, including:
The loan will be marketed to a wide number of financial institutions, and because of the
City’s strong credit ratings, competition is generally high.
Issuance cost savings of approximately $75,000 due to:
o No need to have ratings agencies rate the issuance
o No need to prepare a traditional Notice of Sale and Offering Statement disclosure
o Ancillary cost savings for listing and bid system postings
Faster marketing and closing timeline due to elimination of formal ratings, Notice of Sale
and Offering Document preparation.
More flexibility in the structuring of terms such as prepayment.
The competitive financing process typically achieves interest rates that are similar (or better
in unique cases) to those of the public market.
- Refunding of the 2010 Pension Obligation Bonds Page 3
ADDITIONAL NOTE INFORMATION
The City does not have to apply to Moody’s and Standard & Poor’s for a rating on the Note.
The credit worthiness of the City’s pledged revenue stream for the Note will be determined
by the individual banks when submitting their bid amounts.
To maintain transparency with its existing bondholders and the rating agencies however, the
City will post the financing documents on the Municipal Securities Rulemaking Board’s
(MSRB) Electronic Municipal Market Access (EMMA) site following the closing of the
transaction.
While the winning financial institution will be purchasing the Note for its own account
without a current intention to transfer the Note, the bank may reserve the right in its sole
discretion to sell the Note or assign, pledge, or participate interests in the Note without the
consent of the City within certain requirements set forth in the Loan Certificate.
Next Steps
July 22, 2020: Post bank loan RFP on BidNet
August 12, 2020: Bank proposals due back to City.
August 17, 2020: City reviews the proposals and selects the winning bank.
September 17, 2020: Pension Obligation Refunding Note closes.
October 15, 2020: Series 2010 Bonds are redeemed on their first optional call date.
ATTACHMENTS:
A.Ordinance
B.Hilltop Securities Refunding Analysis and Debt Service Schedule
- Refunding of the 2010 Pension Obligation Bonds Page 4
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ORDINANCE 8407
AN EMERGENCY ORDINANCE OF THE CITY OF BOULDER,
COLORADO, AUTHORIZING A LOAN, EVIDENCED BY A NOTE,
INCURRED FOR THE PURPOSE OF REFUNDING THE CITY’S
OUTSTANDING TAXABLE PENSION OBLIGATION BONDS, SERIES
2010 AT A LOWER INTEREST RATE; PROVIDING FOR THE PAYMENT
AND CANCELLATION OF THE SERIES 2010 BONDS, AND FOR THE
PAYMENT OF THE NOTE FROM THE SAME PLEDGE OF ANY AND
ALL LEGALLY AVAILABLE FUNDS AND REVENUES OF THE
GENERAL FUND AS THE SERIES 2010 BONDS; AUTHORIZING THE
DIRECT SALE OF THE NOTE TO A FINANCIAL INSTITUTION
PROVIDING OTHER DETAILS IN CONNECTION WITH THE
REFUNDING; AND DECLARING AN EMERGENCY AND PROVIDING
THE EFFECTIVE DATE HEREOF.
WHEREAS, the City of Boulder, in the County of Boulder and State of Colorado (the
“City”), is a municipal corporation duly organized and existing as a home rule city pursuant to
Article XX of the Constitution of the State of Colorado (the “Constitution”) and the home rule
charter of the City (the “Charter”); and
WHEREAS, pursuant to Section 97 of the Charter, the City may issue refunding bonds by
ordinance, without an election, for the purpose of paying outstanding bonds of the City; and
WHEREAS, pursuant to Article X, Section 20 of the State Constitution (TABOR)
refinancing bonded debt at lower interest rates does not require voter approval in advance under
the terms and provisions of TABOR; and
WHEREAS, the City previously issued $9,070,000 of its “City of Boulder, Colorado
Taxable Pension Obligation Bonds, Series 2010” of which $5,805,000 in aggregate principal
amount are currently outstanding and bear interest at rates between 4.00% and 5.00% per annum
(the “Series 2010 Bonds”); and
WHEREAS, the Series 2010 Bonds are subject to redemption at the option of the City on
October 1, 2020 and on any date thereafter; and
WHEREAS, pursuant to Section 98 of the Charter, the City Council of the City (the
“Council”) has the option to authorize a negotiated or private sale of bonds or other obligations
upon a recommendation by the City Manager that such sale would be to the best advantage of the
City, which recommendation has been made to Council in the City’s staff agenda memo for this
Ordinance after consultation with Hilltop Securities Inc. of Denver, Colorado, as Municipal
Advisor to the City; and
WHEREAS, the Municipal Advisor will assist the City in conducting a competitive request
for lending proposals from banks for the payment and cancellation of the Series 2010 Bonds
through the issuance by the City of its Taxable Pension Obligation Refunding Note, Series 2020
(the “Note”) at a lower interest rate than the interest rates on the Series 2010 Bonds, and, after
considering the recommendation of the City Manager, the Council has determined that the sale of
Attachment A - Ordinance 8407
- Refunding of the 2010 Pension Obligation Bonds Page 5
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the Note within the parameters established pursuant to this Ordinance is in the best interests of the
City and the residents thereof, and hereby authorizes the Loan Delegate to determine the winning
proposal within the parameters established pursuant to this Ordinance; and
WHEREAS, the Note shall be payable from any and all legally available funds and
revenues of the City’s General Fund and upon moneys deposited from time to time in the Note
Fund (as hereinafter defined); and
WHEREAS, none of the members of the Council have any potential conflicting interests
in connection with the authorization of the loan or the issuance and delivery of the Note, or the use
of the proceeds thereof;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
BOULDER, COLORADO:
Section 1. Definitions. The following terms shall have the following meanings as
used in this Ordinance:
“Authorized Denomination” means the outstanding principal amount of the Note.
“Ballot Question” means the ballot question submitted by Ordinance No. 7674 finally
adopted August 18, 2009, which ballot question was approved by City voters at an election held
November 3, 2009.
“Business Day” means any day other than (a) a Saturday or Sunday or (b) a day on which
banking institutions in the State are authorized or obligated by law or executive order to be closed
for business.
“Certified Public Accountant” means an independent certified public accountant within the
meaning of § 12-2-115, C.R.S. and any amendment thereto, licensed to practice in the State.
“Charter” means the home rule Charter of the City.
“Code” means the revised municipal code of the City, as amended.
“Council” means the City Council of the City.
“C.R.S.” means the Colorado Revised Statutes, as amended and supplemented as of the
date hereof.
“Dated Date” means the original dated date for the Note, which shall be the date of delivery
of the Note or such other date as established in the Loan Certificate.
“Enabling Law” means the Charter, the Public Securities Refunding Act, and the
Supplemental Public Securities Act and any successor thereto.
“Event of Default” means any of the events specified in the section hereof entitled “Events
of Default.”
Attachment A - Ordinance 8407
- Refunding of the 2010 Pension Obligation Bonds Page 6
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“Federal Securities” means bills, certificates of indebtedness, notes, bonds or similar
securities which are direct non-callable obligations of the United States of America or which are
fully and unconditionally guaranteed as to the timely payment of principal and interest by the
United States of America.
“General Fund” means the internal governmental fund established by the City referred to
as the “General Fund” in the City’s audited financial statements.
“Holder” means the Person in whose name the Note is registered on the registration book
maintained by the Paying Agent pursuant hereto, which Person shall be the Lender on the Dated
Date.
“Interest Payment Date” means each April 1 and October 1, commencing on April 1, 2021,
or such other dates set forth in the Loan Certificate.
“Interest Rate” means the interest rate per annum set forth in the Loan Certificate.
“Lender” means such bank, bank affiliate or similar financial institution identified by the
mayor in the Loan Certificate, or its successor.
“Letter of Instructions” means the Letter of Instructions, dated the date of issuance of the
Note, and delivered by Note Counsel to the City, as it may be superseded or amended in accordance
with its terms.
“Loan Certificate” means the certificate executed by the Loan Delegate under the authority
delegated pursuant to this Ordinance which sets forth certain financial terms of the Note.
“Loan Delegate” means the Chief Financial Officer of the City or, in the event such person
is unavailable, the City Manager.
“Maturity Date” means the final date on which the principal of the Note is due and payable.
“Note” means the City of Boulder, Colorado, Taxable Pension Obligation Refunding Note,
Series 2020, dated as of the Dated Date, issued in the aggregate principal amount not to exceed
$6,050,000, as authorized by this Ordinance
“Note Fund” means the “Taxable Pension Obligation Note Fund” reaffirmed in the section
hereof entitled “Reaffirmation of Taxable Pension Obligation Note Fund.”
“Note Counsel” means (a) as of the date of issuance of the Note, Kutak Rock LLP; and
(b)as of any other date, Kutak Rock LLP or such other attorneys selected by the City with
nationally recognized expertise in the issuance of municipal obligations.
“Ordinance” means this ordinance which authorizes the issuance of the Note, including
any amendments properly made hereto.
“Paying Agent” means U.S. Bank National Association, or its successors or assigns, acting
as, among other things, paying agent, registrar and authenticating agent under this Ordinance.
Attachment A - Ordinance 8407
- Refunding of the 2010 Pension Obligation Bonds Page 7
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“Paying Agent Agreement” means the Paying Agent Agreement, by and between the City
and the Paying Agent, dated as of the Dated Date.
“Permitted Investments” means any lawful investment permitted for the investment of
funds of the City by the laws of the State and the City’s investment policies.
“Person” means a corporation, firm, other body corporate, partnership, association or
individual.
“Principal Payment Date” means October 1 or such other date or dates of each year as
established in the Loan Certificate.
“Pro Rata Portion” means the dollar amount derived by dividing the amount of principal
or interest to come due on the next principal payment date or interest payment date by the number
of monthly credits required to be made prior to such payment date.
“Public Securities Refunding Act” means Part 1 of Article 56 of Title 11, C.R.S., or any
successor thereto.
“Refunded Bond Requirements” means all principal of and interest due in connection with
the Series 2010 Bonds up to and including the date of their optional redemption and payment in
full.
“Refunding Project” means the refunding of the Refunded Bonds and any other purpose
for which proceeds of the Note may be expended under the Enabling Law, including, but not
limited to, the payment of the costs of issuance of the Note and the refunding, paying and
discharging of the Refunded Bond Requirements.
“Series 2010 Bonds” or “Refunded Bonds” means the City of Boulder, Colorado Taxable
Pension Obligation, Series 2010.
“Series 2010 Bond Fund” means the account established by the Series 2010 Ordinance and
designated as the “Taxable Pension Obligation Bond Fund” to be maintained by the Series 2010
Paying Agent in accordance with the Series 2010 Ordinance and the provisions hereof.
“Series 2010 Paying Agent” means U.S. Bank National Association, or its successors or
assigns, acting as paying agent, registrar and authenticating agent for the Series 2010 Bonds.
“State” means the State of Colorado.
“Supplemental Public Securities Act” means Part 2 of Article 57 of Title 11, C.R.S., or any
successor thereto.
Section 2. Authorization and Purpose of the Note. Pursuant to and in accordance
with the Enabling Law, the City hereby authorizes, approves and orders that there shall be issued
the “City of Boulder, Colorado, Taxable Pension Obligation Refunding Note, Series 2020” in the
aggregate principal amount not to exceed $6,050,000, for the purpose of paying the costs of the
Refunding Project.
Attachment A - Ordinance 8407
- Refunding of the 2010 Pension Obligation Bonds Page 8
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Section 3. Note Details.
(a)Registered Form, Denomination, Dated Date and Numbering. The Note
shall be issued as a single, certificated, fully registered Note dated as of the Dated Date,
and shall be registered in the name of the Lender, or if later transferred pursuant to the
Section hereof titled “Registration, Transfer and Exchange of the Note,” in the name of the
Person identified in the registration book maintained by the Paying Agent pursuant to this
Ordinance. The Note shall be issued in Authorized Denomination. The Note shall be
consecutively numbered, beginning with the number one, preceded by the letter “R.” The
Note shall be held at all times by a single Holder.
(b)Maturity Date, Principal Amount and Interest Rate. The Note shall
mature on the Maturity Date and in the principal amount set forth in the Loan Certificate.
The Council hereby delegates to the Loan Delegate the authority to determine the aggregate
principal amount of the Note (which shall not to exceed $6,050,000), the principal amount
of the Note subject to redemption in any calendar year, the Dated Date, the Maturity Date
(which shall be on or prior to October 1, 2030) the Interest Payment Date, the price at
which the Note will be issued and the rate of interest on the Note (which shall not exceed
3.50% per annum), and hereby authorizes these and any other necessary terms of the loan
to be set forth in the Loan Certificate, the execution and delivery of which shall be
conclusive evidence of the approval by Council of the terms contained therein.
(c)Accrual and Dates of Payment of Interest. Interest on the Note (calculated
based on a 360-day year of twelve 30-day months) shall accrue at the Interest Rate from
the later of the Dated Date or the latest Interest Payment Date (or in the case of defaulted
interest, the latest date) to which interest has been paid in full and shall be payable on each
Interest Payment Date.
(d)Manner and Form of Payment. The principal of the Note shall be payable
in lawful money of the United States of America to the Holder upon prior redemption or
on the Maturity Date. The interest on and principal of the Note is payable to the Holder at
its address as it appears on the registration book maintained on behalf of the City by the
Paying Agent.
Interest and principal payments shall be paid by check or draft of the Paying Agent
mailed on or before each Interest Payment Date and Principal Payment Date to the Holder.
The Paying Agent may make payments of interest and principal by alternative means, such
as by wire transfer, as may be mutually agreed to between the Holder of the Note and the
Paying Agent. All payments of the principal of and interest on the Note shall be made in
lawful money of the United States of America.
Within thirty days following the date of the final payment of the Note, in full, the
Holder of the Note shall present the Note to the Paying Agent, at the principal operations
office of the Paying Agent at U.S. Bank National Association, Denver Tower, 950 17th
Street, Denver, CO 80202, or at such other address as provided in writing by the Paying
Agent to the Holder.
Attachment A - Ordinance 8407
- Refunding of the 2010 Pension Obligation Bonds Page 9
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Section 4. Form of the Note. The Note shall be in substantially the form set forth in
Appendix A hereto, with such changes thereto, not inconsistent herewith, as may be necessary or
desirable and approved by Lender and the officials of the City executing the same (whose manual
or facsimile signatures thereon shall constitute conclusive evidence of such approval). All
covenants, statements, representations and agreements contained in the Note are hereby approved
and adopted as the covenants, statements, representations and agreements of the City. Although
attached as an appendix for the convenience of the reader, Appendix A is an integral part of this
Ordinance and is incorporated herein as if set forth in full in the body of this Ordinance. The Note
shall recite that it is issued under the authority of the Enabling Laws. Such recital shall be
conclusive evidence of the validity and the regularity of the issuance of the Note after its delivery
for values.
Section 5. Execution, Authentication and Delivery of the Note.
(a)Execution. The Note shall be executed in the name and on behalf of the
City with the manual or facsimile signature of the Mayor or the Mayor Pro-Tem, shall bear
a manual or facsimile of the seal of the City and shall be attested by the manual or facsimile
signature of the City Clerk both of whom are hereby authorized and directed to prepare and
execute the Note in accordance with the requirements hereof. Should any officer whose
manual or facsimile signature appears on the Note cease to be such officer before delivery
of the Note, such manual or facsimile signature shall nevertheless be valid and sufficient
for all purposes.
(b)Authentication. When the Note has been duly executed, the officers of the
City are authorized to, and shall, deliver the Note to the Paying Agent for authentication.
The Note shall not be secured by or entitled to the benefit of this Ordinance, nor shall it be
valid or obligatory for any purpose, unless the certificate of authentication of the Paying
Agent has been manually executed by an authorized signatory of the Paying Agent. The
executed certificate of authentication of the Paying Agent upon the Note shall be
conclusive evidence, and the only competent evidence, that the Note has been properly
authenticated hereunder.
(c)Delivery. Upon the authentication of the Note, the receipt of the loan from
the Lender equal to the principal amount of the Note and the delivery of the approving
opinion of Note Counsel, the Paying Agent shall be directed to release the Note and deliver
the same to the Lender in accordance with the directions of the Lender.
Section 6. Registration, Transfer and Exchange of the Note.
(a)Registration. The Paying Agent shall maintain registration books in which
the ownership, transfer and exchange of Note shall be recorded. The Person in whose name
the Note shall be registered on such registration book shall be deemed to be the absolute
owner thereof for all purposes.
(b)Transfer and Exchange. The Note may be transferred or exchanged at the
office of the Paying Agent for a Note in the Authorized Denomination and the same Interest
Rate upon payment by the transferee of any tax or governmental charge required to be paid
Attachment A - Ordinance 8407
- Refunding of the 2010 Pension Obligation Bonds Page 10
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with respect to such transfer or exchange. Upon surrender for transfer of the Note, duly
endorsed for transfer or accompanied by an assignment duly executed by the Holder or his
or her attorney duly authorized in writing, the City shall execute and the Paying Agent shall
authenticate and deliver in the name of the transferee a new Note.
Section 7. Replacement of Lost, Destroyed or Stolen Note. If the Note shall become
lost, apparently destroyed, stolen or wrongfully taken, it may be replaced in the form and tenor of
the lost, destroyed, stolen or taken Note and the City shall execute and the Paying Agent shall
authenticate and deliver a replacement Note upon the Holder furnishing, to the satisfaction of the
Paying Agent: (a) proof of ownership (which shall be shown by the registration books of the
Paying Agent); (b) proof of loss, destruction or theft; and (c) an indemnity satisfactory to the City
and the Paying Agent with respect to the Note lost, destroyed or taken.
Section 8. Redemption of Note Prior to Maturity.
(a)Optional Redemption. The Note may be subject to redemption prior to
maturity, at the option of the City, if at all, on such dates and at such prices as determined
by the Lender and the Loan Delegate, and set forth in the Loan Certificate.
(b)Mandatory Sinking Fund Redemption. All or any principal amount of the
Note may be subject to mandatory sinking fund redemption by lot on the Principal Payment
Date of the years and in the principal amounts specified in the Loan Certificate, at a
redemption price equal to the principal amount to be redeemed (with no redemption
premium), plus accrued interest to the redemption date.
(c)Redemption Procedures. No notice shall be required for mandatory sinking
fund redemption as provided in Section 8(b). Not less than thirty days prior to the date
established for optional redemption of the Note, as provided in Section 8(a), the City shall
notify the Lender of its intent to exercise its optional redemption right.
Section 9. Reaffirmation of Taxable Pension Obligation Note Fund. There is
hereby reaffirmed the Taxable Pension Obligation Note Fund. Moneys deposited in the Taxable
Pension Obligation Note Fund shall not thereafter be available to be pledged or expended for any
general municipal purpose.
Section 10. Payment and Redemption of Refunded Bonds; Payment of Costs of
Issuance. Immediately upon the receipt of the proceeds of the loan in an amount equal to the
principal amount of the Note, the proceeds of the loan in the amount of the Refunded Bond
Requirements shall be deposited with the Series 2010 Paying Agent in the Series 2010 Bond Fund
and used for the redemption of the Series 2010 Bonds on a redemption date to be determined and
set forth in the Loan Certificate. The balance of the proceeds of the loan shall be applied to the
costs of issuance of the Note.
Section 11. Payment of Principal and Interest. For the purpose of paying the interest
accruing on the Note promptly as the same becomes due and for the purpose of providing for the
ultimate payment or redemption of the Note, the City hereby pledges and covenants that it will
apply any and all legally available funds and revenues of its General Fund, up to the full amount
of principal of, interest on and premium, if any, due in each year, for the punctual payment of the
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interest accruing on the Note and to pay the principal of and premium, if any, due in connection
with the maturity of or redemption of the Note as the same respectively become due and payable.
Such legally available funds and revenues of the General Fund shall be transferred by the City to
the Note Fund in the amounts and at the times set forth in Section 12 below.
Section 12. Note Fund.
(a)Use of Moneys in Note Fund. Moneys in the Note Fund shall be applied
solely to the purpose of the payment of the principal of, interest on and premium, if any,
due in connection with the redemption of the Note, respectively, and for no other purpose
whatever, until the indebtedness so contracted under this Ordinance, as to principal, interest
and premiums, if any, shall have been fully paid, satisfied and discharged. There also are
hereby established within the Note Fund the following accounts: the Interest Account and
the Principal Account, to be held by the Paying Agent in trust for the benefit of the Holder
of the Note.
(b)Deposits to Interest Account of the Note Fund. On or before the last day
of each month, commencing in the month next succeeding the date of issuance of the Note,
the City shall transfer to the Paying Agent for credit to the Interest Account, from any and
all legally available funds and revenues of its General Fund as provided in Section 11
hereof, an amount equal to the Pro Rata Portion of the interest to come due on the Note on
the next succeeding interest payment date. The accrued interest, if any, on the Note shall
be deposited in the Interest Account of the Note Fund.
(c)Deposits to Principal Account of the Note Fund. On or before the last day
of each month, commencing in the month next succeeding the date of issuance of the Note,
the City shall transfer to the Paying Agent for credit to the Principal Account, from any
and all legally available funds and revenues of its General Fund, an amount equal to the
Pro Rata Portion of the principal coming due on the Note on the next succeeding principal
payment date.
(d)Investments. Moneys deposited in the Note Fund may be invested or
deposited in securities or obligations that are Permitted Investments. Except to the extent
otherwise required by such Section, all interest income from the investment or reinvestment
of moneys deposited in the Note Fund shall remain in the Note Fund.
Section 13. Budget and Appropriation. Sums herein provided to pay the interest on
the Note and to discharge the principal thereof when due shall be included in the annual budget
and appropriation ordinance and bills to be adopted and passed by the Council in each year,
respectively, until the Note has been fully paid, satisfied and discharged.
Section 14. No Covenant To Levy Taxes. Nothing herein shall be construed to require
the levying of any new or increased taxes for the payment of the principal of the Note, redemption
premiums or interest thereon, the City’s obligations hereunder being payable solely from legally
available funds and revenues of the General Fund, when and as available.
Section 15. Additional Bonds. The City currently has remaining voter authorization
under the Ballot Question to issue up to $2,250,000 of bonds payable from the City’s General Fund
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to fund ongoing required pension obligations of the City. Nothing herein shall be construed to
prohibit the City from issuing additional bonds payable on a parity or subordinate basis from the
legally available funds and revenues of its General Fund; provided, however, that City shall not
pledge the legally available funds and revenues of its General Fund to secure any additional bonds
on a prior or senior basis to the Note.
Section 16. No Rating, CUSIP Number or Securities Depository. The Note has not
and is not expected to be, rated by a nationally recognized organization which regularly rates such
obligations, assigned a CUSIP number or registered with or made eligible for registration with any
securities depository, including but not limited to the Depository Trust Company, New York, New
York.
Section 17. Defeasance. The Note shall not be deemed to be outstanding hereunder if
it shall have been paid and cancelled or if cash or Federal Securities shall have been deposited in
trust for the payment thereof (whether upon or prior to the maturity of the Note, but if such Note
is to be paid prior to maturity, the City shall have given the Paying Agent irrevocable directions to
give notice of redemption as required by this Ordinance, or such notice shall have been given in
accordance with this Ordinance). In computing the amount of the deposit described above, the
City may include interest to be earned on the Federal Securities and such computations shall be
verified by a Certified Public Accountant.
Section 18. Events of Default. Each of the following events constitutes an Event of
Default:
(a)Nonpayment of Principal, Premium or Interest. Failure to make any
payment of principal of or interest on the Note when due hereunder;
(b)Breach or Nonperformance of Duties. Breach by the City of any covenant
set forth herein or failure by the City to perform any duty imposed on it hereunder and
continuation of such breach or failure for a period of 60 days after receipt by the City
Manager of written notice thereof from the Holder, provided that such 60-day period shall
be extended so long as the City has commenced and continues a good faith effort to remedy
such breach or failure; or
(c)Appointment of Receiver. An order or decree is entered by a court of
competent jurisdiction appointing a receiver for all or any portion of the revenues and
moneys pledged for the payment of the Note pursuant hereto is entered with the consent or
acquiescence of the City or is entered without the consent or acquiescence of the City but
is not vacated, discharged or stayed within 30 days after it is entered.
Section 19. Remedies for Events of Default. Upon the occurrence and continuance of
any Event of Default, the Holder, or a trustee therefor, may proceed against the City to protect and
to enforce its rights by mandamus, specific performance of any covenants, injunction relief or
requiring the Council to act as if it were the trustee of an express trust, or any combination of
remedies. Any receiver or operating trustee appointed in any proceedings to protect the rights of
Holder hereunder may collect, receive and apply all revenues and moneys pledged for the payment
of the Note pursuant hereto arising after the appointment of such receiver or operating trustee in
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the same manner as the City itself might do. The failure of the Holder to proceed in any manner
herein does not relieve the City of any liability for failure to perform or carry out its duties
hereunder. The foregoing rights are in addition to any other right, and the exercise of any right by
the Holder shall not be deemed a waiver or any other right.
Section 20. Amendment of Ordinance. The City may not, without the written consent
of the Holder, adopt amendments or supplements to this Ordinance. Upon the execution of any
amendatory or supplemental ordinance pursuant to this Ordinance, this Ordinance shall be deemed
to be modified and amended in accordance therewith, and the respective rights, duties and
obligations under this Ordinance of the City, the Paying Agent and the Holder shall thereafter be
determined, exercised and enforced hereunder, subject in all respects to such modifications and
amendments.
Section 21. Findings and Determinations. Having been fully informed of and having
considered all the pertinent facts and circumstances, the Council does hereby find, determine, and
declare:
(a)the issuance of the Note and all procedures undertaken incident thereto are
in full compliance and conformity with all applicable requirements, provisions and
limitations prescribed by the Charter and the Constitution and laws of the State, including
the Enabling Law, and all conditions and limitations of the Charter, and other applicable
law relating to the issuance of the Note has been satisfied;
(b)it is to the best advantage of the City and its residents that the Note be
authorized, sold, issued and delivered pursuant to a private placement to be held and
conducted in accordance with the Enabling Law and the provisions hereof at the time, in
the manner and for the purposes provided in this Ordinance; and
(c)in accordance with Section 11-57-204, C.R.S., the City hereby elects to
apply all of the provisions of the Supplemental Public Securities Act to the issuance of the
Note.
Section 22. Approval of Miscellaneous Documents. The Council hereby authorizes
and approves the execution of the Paying Agent Agreement. The Mayor or the Mayor Pro-Tem,
the Chief Financial Officer, the City Manager and the City Clerk are hereby independently
authorized and directed for and on behalf of the City to execute all documents and certificates
necessary or desirable to effectuate the issuance of the Note and the transaction contemplated
hereby.
Section 23. Ratification of Prior Actions. All actions heretofore taken (not
inconsistent with the provisions of this Ordinance or the Enabling Law) by the Council or by the
officers and employees of the City directed toward the issuance of the Note for the purposes herein
set forth are hereby ratified, approved and confirmed.
Section 24. Events Occurring on Days That Are Not Business Days. Except as
otherwise specifically provided herein with respect to a particular payment, event or action, if any
payment to be made hereunder or any event or action to occur hereunder which, but for this section,
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is to be made or is to occur on a day that is not a Business Day shall instead be made or occur on
the next succeeding day that is a Business Day.
Section 25. Headings. The headings to the various sections and paragraphs to this
Ordinance have been inserted solely for the convenience of the reader, are not a part of this
Ordinance, and shall not be used in any manner to interpret this Ordinance.
Section 26. Ordinance Irrepealable. After any of the Note has been issued, this
Ordinance shall constitute a contract between the Holder and the City, and shall be and remain
irrepealable until the Note and the interest accruing thereon shall have been fully paid, satisfied,
and discharged, as herein provided.
Section 27. Severability. It is hereby expressly declared that all provisions hereof and
their application are intended to be and are severable. In order to implement such intent, if any
provision hereof or the application thereof is determined by a court or administrative body to be
invalid or unenforceable, in whole or in part, such determination shall not affect, impair or
invalidate any other provision hereof or the application of the provision in question to any other
situation; and if any provision hereof or the application thereof is determined by a court or
administrative body to be valid or enforceable only if its application is limited, its application shall
be limited as required to most fully implement its purpose.
Section 28. Repealer. All orders, bylaws, ordinances and resolutions of the City, or
parts thereof, inconsistent or in conflict with this Ordinance, are hereby repealed to the extent only
of such inconsistency or conflict.
Section 29. Recordation and Publication. This Ordinance, immediately on its final
passage, shall be recorded in the City’s Ordinance Record kept for that purpose, authenticated by
the Mayor or the Mayor Pro-Tem and the Clerk, and shall be published by title only in The Daily
Camera, a daily newspaper printed, published and of general circulation in the City, in accordance
with the provisions of the Charter of the City.
Section 30. Emergency Declaration; Effective Date. Due to the benefit to the City
from the refunding of the Series 2010 Bonds on the first available redemption date to effect the
maximum savings, and due to the need to finally act upon and accept the bid of the highest
responsible bidder as Lender (in accordance with the Charter) it is hereby declared that, in the
opinion of the Council, an emergency exists, and therefore this Ordinance shall be in full force and
effect upon its passage.
Attachment A - Ordinance 8407
- Refunding of the 2010 Pension Obligation Bonds Page 15
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INTRODUCED, READ AND ADOPTED AS AN EMERGENCY ORDINANCE BY A
TWO-THIRDS VOTE OF THE COUNCIL MEMBERS PRESENT AND ORDERED
PUBLISHED BY TITLE THIS 21st DAY OF JULY 2020.
[CITY SEAL]
By
Mayor
Attest:
By
City Clerk
Attachment A - Ordinance 8407
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APPENDIX A
FORM OF THE NOTE
UNITED STATES OF AMERICA
CITY OF BOULDER, COLORADO
TAXABLE PENSION OBLIGATION REFUNDING NOTE
SERIES 2020
INTEREST RATE: MATURITY DATE: DATED DATE:
[______]% [October 1, _____] September 16, 2020
REGISTERED HOLDER: [__________________________________]
PRINCIPAL SUM: DOLLARS
CITY OF BOULDER, COLORADO, in the State of Colorado, a duly organized and
validly existing municipality and political subdivision of the State of Colorado (the “City”), for
value received, hereby promises to pay to the order of the registered Holder named above or
registered assigns, on or before the Maturity Date specified above, solely out of the special
accounts hereinafter designated but not otherwise, the principal amount specified above. In like
manner the City promises to pay interest on the unpaid principal amount (computed on the basis
of a 360-day year of twelve 30-day months) from the Interest Payment Date next preceding the
date of registration and authentication of this Note, except that interest paid on the first Interest
Payment Date shall be computed from the Dated Date set forth above, at the Interest Rate per
annum specified above, payable semiannually on April 1 and October 1 of each year, commencing
on April 1, 2021, until the outstanding principal amount is paid. Capitalized terms used but not
defined in this Note shall have the meaning assigned to them in Ordinance No. ___ of the City,
finally adopted on July 21, 2020, authorizing the issuance of this Note (the “Note Ordinance”).
Interest and principal payments shall be paid by check or draft of U.S. Bank National
Association, Denver, Colorado (as the “Paying Agent”) mailed on or before each Interest Payment
Date and Principal Payment Date to the registered holder hereof whose name shall appear on the
registration book maintained by the Paying Agent (the “Holder”). The Paying Agent may make
payments of interest and principal by alternative means, such as by wire transfer, as may be
mutually agreed to between the Holder and the Paying Agent.
Within thirty days following the date of the final payment of the Note, in full, the Holder
of the Note shall present the Note to the Paying Agent, at the office of the Paying Agent at 950
17th Street, 12th Floor, Denver, CO 80202, or at such other address as provided in writing by the
Paying Agent to the Holder, as required by the Note Ordinance. THE NOTE ORDINANCE
CONSTITUTES THE CONTRACT BETWEEN THE HOLDER OF THIS NOTE AND THE
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CITY. THIS NOTE IS ONLY EVIDENCE OF SUCH CONTRACT AND, AS SUCH, IS
SUBJECT IN ALL RESPECTS TO THE TERMS OF THE NOTE ORDINANCE, WHICH
SUPERSEDES ANY INCONSISTENT STATEMENT IN THIS NOTE.
The principal amount of this Note is subject to mandatory sinking fund redemption on each
Principal Payment Date, as provided below:
[Insert annual redemption amounts.]
[This Note is subject to redemption prior to maturity, at the option of the City, in whole but
not in part, on October 1, [______] and on any date thereafter, at a redemption price equal to the
outstanding principal amount thereof (with no redemption premium), plus accrued interest to the
redemption date.]
If the date for making any payment or performing any action shall be a legal holiday or a
day on which the principal operations office of the Paying Agent is authorized or required by law
to remain closed, such payment may be made or act performed on the next succeeding day which
is not a legal holiday or a day on which the principal operations office of the Paying Agent is
authorized or required by law to remain closed.
The Paying Agent shall maintain registration books in which the ownership, transfer and
exchange of the Note shall be recorded. The person in whose name this Note shall be registered
on such registration books shall be deemed to be the absolute Holder hereof for all purposes,
whether or not payment on this Note shall be overdue, and neither the City nor the Paying Agent
shall be affected by any notice or other information to the contrary. This Note may be transferred
to a single holder or exchanged, at the office of the Paying Agent as provided in the Note
Ordinance.
This Note is issued pursuant to, under the authority of, and in full conformity with, the
Enabling Law, including, in particular, the Charter, Part 1 of Article 56 of Title 11 and Part 2 of
Article 57 of Title 11, Colorado Revised Statutes, as amended. As set forth in the Ordinance
authorizing the issue of the Note, any and all legally available funds and revenues of the General
Fund of the City are pledged, up to the full amount of principal of, interest on and premium, if any,
due in each year, for the punctual payment of the principal of, interest on and premium, if any, due
in connection with the maturity of or redemption of the Note as the same respectively become due
and payable, provided that nothing herein shall be construed to require the levying of any new or
increased taxes for the payment of the principal of the Note, redemption premium or interest
hereon. As set forth in the Ordinance authorizing the issue of the Note, a special fund designated
as the Note Fund shall be held by the Paying Agent and the City has covenanted and agreed to
deposit into the Note Fund sums sufficient to pay the principal of and interest on the Note when
the same become due and payable.
THE NOTE ORDINANCE CONSTITUTES THE CONTRACT BETWEEN THE
REGISTERED HOLDER OF THIS NOTE AND THE CITY. THIS NOTE IS ONLY
EVIDENCE OF SUCH CONTRACT AND, AS SUCH, IS SUBJECT IN ALL RESPECTS TO
THE TERMS OF THE NOTE ORDINANCE, WHICH SUPERSEDES ANY INCONSISTENT
STATEMENT IN THIS NOTE.
Attachment A - Ordinance 8407
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The City agrees with the Holder of this Note and with each and every person who may
become the Holder hereof, that it will keep and perform all the covenants and agreements contained
in the Note Ordinance.
It is hereby certified that all conditions, acts and things required by the constitution and
laws of the State of Colorado, the Charter and the Ordinance, to exist, to happen and to be
performed, precedent to and in the issuance of this Note, exist, have happened and have been
performed, and that the Note does not exceed any limitations prescribed by said Constitution or
laws of the State of Colorado, the Charter or the Ordinance.
This Note shall not be entitled to any benefit under the Ordinance, or become valid or
obligatory for any purpose, until the Paying Agent shall have signed the certificate of
authentication hereon.
IN WITNESS WHEREOF, City of Boulder, Colorado, has caused this Note to be signed
in the name and on behalf of the City with the manual or facsimile signature of the Mayor, to be
sealed with the seal of the City or a facsimile thereof and to be attested by the manual or facsimile
signature of the City Clerk.
[MANUAL OR FACSIMILE SEAL] CITY OF BOULDER, COLORADO
By (Manual or Facsimile Signature)
Mayor
ATTEST:
By (Manual or Facsimile Signature)
City Clerk
CERTIFICATE OF AUTHENTICATION
This is the Note described in the within-mentioned Note Ordinance.
Date of Authentication:
Attachment A - Ordinance 8407
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U.S. BANK NATIONAL ASSOCIATION, as Paying Agent
By Authorized Representative
CERTIFICATE OF TRANSFER
FOR VALUE RECEIVED, __________________________________, the undersigned,
hereby sells, assigns and transfers unto __________________________________ (Tax
Identification or Social Security No. ______________) the within Note and all rights thereunder,
and hereby irrevocably constitutes and appoints _________________________________ attorney
to transfer the within Note on the books kept for registration thereof, with full power of substitution
in the premises.
Dated:
NOTICE: The signature to this assignment must
correspond with the name as it appears upon the
face of the within Note in every particular,
without alteration or enlargement or any change
whatever.
TRANSFER FEE MAY BE REQUIRED
Attachment A - Ordinance 8407
- Refunding of the 2010 Pension Obligation Bonds Page 20
** PRELIMINARY, For Discussion Purposes Only **
City of Boulder, Colorado
Taxable Pension Obligation Refunding Loan, 2020
Structure Comparison
Scenario 1:Scenario 2:Scenario 3:
Series 2020 Series 2020 Series 2020
Sources of Funds
Loan Amount $5,450,000 $6,010,000 $6,010,000
Contribution of 12/1/2020 Payment $555,775 $0 $0
Total Sources of Funds $6,005,775 $6,010,000 $6,010,000
Uses of Funds
Escrow Deposit $5,935,775 $5,935,775 $5,935,775
Cost of Issuance and Rounding $70,000 $74,225 $74,225
Total Use of Funds $6,005,775 $6,010,000 $6,010,000
Finance Statistics
Total Debt Service $6,233,052 $6,873,510 $6,941,885
Maximum Annual Debt Service $626,750 $689,750 $757,500
NPV Saving %9.62%9.62%9.62%
Annual Savings
Year
Ending Series 2020 Series 2020 Series 2020
2020 555,775 555,775
2021 62,623 (1,960) 528,040
2022 62,700 (50) (68,300)
2023 61,800 300 (66,575)
2024 64,995 (255) (65,755)
2025 61,620 (2,255) (66,380)
2026 66,720 (780) (68,530)
2027 65,945 (55) (66,305)
2028 63,108 (1,393) (66,143)
2029 63,750 750 (67,500)
2030 62,500 1,000 (65,625)
$635,760 $551,077 $482,702
Uniform Savings
Uniform Savings
Savings in FY
2020
Savings in FY
2020
Savings in FY
2020 and 2021
Savings in FY
2020 and 2021
7/13/2020
Attachment B - Hilltop Securities Refunding Analysis and Debt Service Schedule
- Refunding of the 2010 Pension Obligation Bonds Page 21
Jul 14, 2020 7:20 pm (City of Boulder, Colorado:6_25_20-SCEN_1,SCEN_1) Page 1
DEBT SERVICE
City of Boulder, Colorado
Taxable Pension Obligation Refunding Notes, Series 2020
(Bank Loan)
**Preliminary - For Discussion Only**
Period
Ending Principal Coupon Interest Debt Service
10/01/2021 480,000 2.500%141,927.08 621,927.08
10/01/2022 500,000 2.500%124,250.00 624,250.00
10/01/2023 515,000 2.500%111,750.00 626,750.00
10/01/2024 525,000 2.500%98,875.00 623,875.00
10/01/2025 540,000 2.500%85,750.00 625,750.00
10/01/2026 550,000 2.500%72,250.00 622,250.00
10/01/2027 560,000 2.500%58,500.00 618,500.00
10/01/2028 580,000 2.500%44,500.00 624,500.00
10/01/2029 590,000 2.500%30,000.00 620,000.00
10/01/2030 610,000 2.500%15,250.00 625,250.00
5,450,000 783,052.08 6,233,052.08
Attachment B - Hilltop Securities Refunding Analysis and Debt Service Schedule
- Refunding of the 2010 Pension Obligation Bonds Page 22
CITY OF BOULDER
CITY COUNCIL AGENDA ITEM
MEETING DATE: July 21, 2020
AGENDA TITLE:
Introduction, first reading, consideration of a motion to publish by title only, and adopt as an
emergency ordinance no 8408, approving a loan, evidenced by the City of Boulder, Colorado
Water and Sewer Revenue Refunding Notes, Series 2020, in the aggregate principal amount
not to exceed $6,400,000 (the “Note”) for the purpose of refunding the City’s Water and
Sewer Bonds, Series 2010 (the “Series 2010 Bonds”) at a lower interest rate; providing for the
payment and cancellation of the Series 2010 Bonds, and for the payment of the Note from the
same pledge of net income derived from the City’s water system and wastewater system as the
Series 2010 Bonds; authorizing the competitive request for lending proposals and subsequent
sale of the Note to a financial institution to fund a reserve fund and to pay related costs of
issuance of the Note.
PRESENTERS:
Jane S. Brautigam, City Manager
Tom Carr, City Attorney
Kathy Haddock, Senior Assistant City Attorney
Cheryl Pattelli, Chief Financial Officer
Ron Gilbert, Assistant Controller
Ken Baird, Senior Financial Manager
EXECUTIVE SUMMARY:
City Council is asked to consider approval of an emergency ordinance that authorizes the City
Manager to call for a competitive request for lending proposals of the Note in the aggregate
principal amount not to exceed $6,400,000 on such date as City staff determines (currently this will
be July 22, 2020). The City staff and the City’s financial advisor (Hilltop Securities) are constantly
reviewing the City’s outstanding debt issues to determine if savings can be realized by doing a
refinancing of the debt – called a current refunding. The Note proceeds will be used to refund the
Series 2010 Bonds, fund a reserve fund and pay necessary issuance costs related to the Note. The
estimated savings from this current refunding is $1,029,000. The City’s financial advisor and bond
counsel have confirmed that this Note issuance is being issued in compliance with Federal tax laws,
State statutes and the City Charter.
One test used to assess the appropriateness of a current refunding is to calculate the net present
value savings as a percent of the refunded bonds. The common threshold recommended is 3% to
5% of the refunded bonds. The projected annual savings for a current refunding of the outstanding
Item 3C - Refunding of the 2010 Water and Sewer Revenue Bonds Page 1
Series 2010 Bonds is approximately $103,000 per year. These savings converted to a gross present
value calculation is 4.15% of the refunded principal and in excess of the recommended threshold.
STAFF RECOMMENDATION:
Staff requests council consideration of this matter and action in the form of the following motion:
A motion to publish by title only, and adopt as an emergency measure ordinance no 8408
(Attachment A); approving a loan evidenced by the City of Boulder, Colorado Water and Sewer
Revenue Refunding Note, Series 2020 in the aggregate principal amount not to exceed $6,400,000
for the purpose of refunding the City of Boulder, Colorado Water and Sewer Revenue Bonds,
Series 2010 at a lower interest rate; providing for the payment and cancellation of the Series 2010
Bonds and for the payment of the Note from the same pledge of net income derived from the City’s
water system and wastewater system as the Series 2010 Bonds; authorizing a direct bank loan
transaction which provides several benefits for an issuance of this size and duration to be executed
through a competitive request for lending proposals and subsequent sale of the Note to a financial
institution and the payment of related costs of issuance of the Note; and providing the effective date
of the ordinance.
OTHER IMPACTS:
Fiscal: The annual savings which is projected at approximately $103,000 per year will be
incorporated into future budgets beginning with the 2021 budget through the term of the
refunding. Total estimated savings over term of the refunding is 1,029,000.
Staff time: Administration of the revised debt service on the Note is part of the normal staff
time that is included in the appropriate department budgets.
BACKGROUND AND ANALYSIS:
The City staff and the City’s financial advisor (Hilltop Securities) are constantly reviewing the
City’s outstanding debt issues to determine if savings can be realized by doing a refunding. One
test used to assess the appropriateness of a refunding is to calculate the net present value savings as
a percent of the refunded bonds. The common threshold recommended is 3% to 5% of the refunded
bonds. The current refunding of the City of Boulder, Colorado Water and Sewer Revenue
Refunding Bond, Series 2010 meets this threshold.
The projected savings for the Series 2010 Bond refunding is approximately $103,000 per
year or a total of $1,029,000. These savings converted to a gross present value calculation
are 4.15% of the refunded principal.
The sale of the Note is expected to close in September 2020.
An analysis of the refunding performed by Hilltop Securities is included as Attachment B.
If council supports the proposed ordinance, staff recommends using a competitive request for
lending proposal process for the loan. Under this process, a request for lending proposals will be
Item 3C - Refunding of the 2010 Water and Sewer Revenue Bonds Page 2
distributed through an electronic solicitation platform used by the City (BidNet) to financial
institutions who then perform their own internal credit analysis to assess the credit worthiness of the
proposed transaction, which determines the interest rate level they are able and willing to offer.
Upon the due date of terms, potential lenders send their best rate offer to the City, not unlike the
competitive bidding process for public bond sales. The selected lender will be determined by the
City’s chief financial officer in consultation with the City’s financial advisor based on the terms
presented and the benefits to the City.
Section 98 of the City of Boulder Charter gives City Council the option to authorize a negotiated or
competitive direct sale of bonds or other obligations, given that the City Manager makes a
recommendation to council as to which type of sale would be most advantageous to the City.
Certain features of the proposed refunding such as relatively small par amount, short final maturity,
and high credit quality make it a strong candidate for a direct loan with a commercial bank. This
type of sale provides several benefits for an issuance of this size and duration, including:
The loan will be marketed to a wide number of financial institutions, and because of the
City’s strong credit ratings, competition is generally high.
Issuance cost savings of approximately $75,000 due to:
o No need to have ratings agencies rate the issuance
o No need to prepare a traditional Notice of Sale and Offering Statement disclosure
o Ancillary cost savings for listing and bid system postings
Faster marketing and closing timeline due to elimination of formal ratings, Notice of Sale
and Offering Document preparation.
More flexibility in the structuring of terms such as prepayment.
The competitive financing process typically achieves interest rates that are similar (or better
in unique cases) to those of the public market.
ADDITIONAL NOTE INFORMATION
The City does not have to apply to Moody’s and Standard & Poor’s for a rating on the Note.
The credit worthiness of the City’s pledged revenue stream for the Note will be determined
by the individual banks when submitting their bid amounts.
To maintain transparency with its existing bondholders and the rating agencies however, the
City will post the financing documents on the Municipal Securities Rulemaking Board’s
(MSRB) Electronic Municipal Market Access (EMMA) site following the closing of the
transaction.
While the winning financial institution will be purchasing the Note for its own account
without a current intention to transfer the Note, the bank may reserve the right in its sole
discretion to sell the Note or assign, pledge, or participate interests in the Note without the
consent of the City within certain requirements set forth in the Loan Certificate.
Next Steps
July 22, 2020: Post bank loan RFP on BidNet
August 12, 2020: Bank proposals due back to City.
Item 3C - Refunding of the 2010 Water and Sewer Revenue Bonds Page 3
August 17, 2020: City reviews the proposals and selects the winning bank.
September 17, 2020: Water and Sewer Revenue Refunding Note closes.
December 1, 2020: Series 2010 Bonds are redeemed on their first optional call date.
ATTACHMENTS:
A.Ordinance
B. Hilltop Securities Refunding Analysis and Debt Service Schedule
Item 3C - Refunding of the 2010 Water and Sewer Revenue Bonds Page 4
ORDINANCE 8408
AN EMERGENCY ORDINANCE OF THE CITY OF BOULDER,
COLORADO (ACTING THROUGH ITS WATER UTILITY ENTERPRISE
AND ITS WASTEWATER UTILITY ENTERPRISE), AUTHORIZING A
LOAN, EVIDENCED BY A NOTE, INCURRED FOR THE PURPOSE OF
REFUNDING THE CITY’S OUTSTANDING WATER AND SEWER
REVENUE BONDS, SERIES 2010 AT A LOWER INTEREST RATE,
ESTABLISHING A RESERVE FUND, PROVIDING FOR THE PAYMENT
AND CANCELLATION OF THE SERIES 2010 BONDS, AND FOR THE
PAYMENT OF THE 2020 NOTE FROM A PLEDGE OF NET INCOME OF
THE WATER SYSTEM AND SEWER SYSTEM; AUTHORIZING THE
DIRECT SALE OF THE 2020 NOTE TO A FINANCIAL INSTITUTION
PROVIDING OTHER DETAILS IN CONNECTION WITH THE
REFUNDING; AND DECLARING AN EMERGENCY AND PROVIDING
THE EFFECTIVE DATE HEREOF
All capitalized terms used herein shall have the meaning set forth in Section 1.02 of this
Instrument.
WHEREAS, the City of Boulder (the “City”), in the County of Boulder and the State of
Colorado (the “State”), is a municipal corporation duly organized and existing as a home rule city
under Article XX of the Constitution of the State and the Charter of the City (the “Charter”); and
WHEREAS, the City now owns, operates and maintains:
(a)a municipal water system (as hereinafter defined, the “Water System”); and
(b)a municipal sanitary sewer system (as hereinafter defined, the “Sewer
System”) (which Water System and Sewer System are herein jointly designated as the
“Facilities”); and
WHEREAS, Ordinance No. 5601, introduced, read, passed and adopted on the 9th day of
November 1993 (the “Enterprise Ordinance”), added new sections 11-1-55 to -61 to the Boulder
Revised Code, 1981 (the “City Code”) providing for the establishment of the City’s water system
as a “water activity enterprise” within the meaning of Part 1 of Article 45.1 of Title 37, Colorado
Revised Statutes, as amended, and naming the City’s water system the “Water Utility Enterprise”;
and
WHEREAS, the Enterprise Ordinance also added new sections 11-2-36 to -42 to the City
Code, providing for the establishment of the City’s sanitary sewer system as a “water activity
enterprise” within the meaning of Part 1 of Article 45.1 of Title 37, Colorado Revised Statutes, as
amended, and naming the City’s sanitary sewer system the “Wastewater Utility Enterprise”; and
WHEREAS, pursuant to the Charter and the City Code, the City Council of the City (the
“Council”) is the governing body of the Water Utility Enterprise and the Wastewater Utility
Item 3C - Refunding of the 2010 Water and Sewer Revenue Bonds Page 5
Enterprise and the Council need not announce or acknowledge that actions taken by the Council
are taken by the governing body of the Water Utility Enterprise and/or the Wastewater Utility
Enterprise; and
WHEREAS, Article X, Section 20 of the State Constitution (“TABOR”) requires that
bonded debt (other than certain refunding bonds) not be issued without prior voter approval unless
the issuer is an “Enterprise” as defined in TABOR; and
WHEREAS, pursuant to the Charter and the City Code, the Water Utility Enterprise and
the Wastewater Utility Enterprise may issue revenue bonds payable from revenues derived from
the operation of such enterprise without voter approval so long as such enterprise qualifies as an
“Enterprise” within the meaning of TABOR the City’s fiscal year of the issuance of such revenue
bonds; and
WHEREAS, the Water Utility Enterprise and the Wastewater Utility Enterprise are
“Enterprises” within the meaning of TABOR; and
WHEREAS, the current outstanding bonds payable from, and the payment of which is
secured by a pledge of revenues derived from the operation of the Facilities, i.e., both the Sewer
System and Water System, or any part thereof, are the bonds designated as (a) the City of Boulder,
Colorado (Acting through its Water Utility Enterprise and its Wastewater Utility Enterprise),
Water and Sewer Revenue Bonds, Series 2010 (the “2010 Bonds”) issued in the original principal
amount of $9,980,000 and currently outstanding in the aggregate principal amount of $6,165,000,
payable to both principal and interest solely out of the Net Income derived from operation of the
Sewer System and Water System and issued in accordance with Ordinance No. 7754 of the City;
(b) the City of Boulder, Colorado (Acting through its Water Utility Enterprise and its Wastewater
Utility Enterprise), Water and Sewer Revenue Refunding Bonds, Series 2011 (the “2011 Bonds”)
issued in the original principal amount of $18,335,000 and currently outstanding in the aggregate
principal amount of $3,945,000, payable to both principal and interest solely out of the Net Income
derived from operation of the Sewer System and Water System and issued in accordance with
Ordinance No. 7781 of the City; (c) the City of Boulder, Colorado (Acting through its Water Utility
Enterprise and its Wastewater Utility Enterprise), Water and Sewer Revenue Refunding Bonds,
Series 2012 (the “2012 Bonds”) issued in the original principal amount of $24,325,000 and
currently outstanding in the aggregate principal amount of $15,845,000, payable to both principal
and interest solely out of the Net Income derived from operation of the Sewer System and Water
System and issued in accordance with Ordinance No. 7875 of the City; (d) the City of Boulder,
Colorado (Acting through its Water Utility Enterprise and its Wastewater Utility Enterprise) Water
and Sewer Revenue Bonds, Series 2015 (the “2015 Bonds”) issued in the original principal amount
of $10,075,000 and currently outstanding in the aggregate principal amount of $8,450,000, payable
to both principal and interest solely out of the Net Income derived from operation of the Sewer
System and Water System and issued in accordance with Ordinance No. 8074 of the City; (e) the
City of Boulder, Colorado (Acting through its Water Utility Enterprise and its Wastewater Utility
Enterprise) Water and Sewer Revenue Bonds, Series 2016 (the “2016 Bonds”) issued in the
original principal amount of $34,145,000 and currently outstanding in the aggregate principal
amount of $29,035,000, payable to both principal and interest solely out of the Net Income derived
from operation of the Sewer System and Water System and issued in accordance with Ordinance
No. 8117 of the City; and (f) the City of Boulder, Colorado (Acting through its Water Utility
Item 3C - Refunding of the 2010 Water and Sewer Revenue Bonds Page 6
Enterprise and its Wastewater Utility Enterprise) Water and Sewer Revenue Bonds, Series 2018
(the “2018 Bonds”) issued in the original principal amount of $38,260,000 and currently
outstanding in the aggregate principal amount of $37,345,000, payable to both principal and
interest solely out of the Net Income derived from operation of the Sewer System and Water
System and issued in accordance with Ordinance No. 8255 of the City (the 2010 Bonds, the 2011
Bonds, the 2012 Bonds, the 2015 Bonds, the 2016 Bonds and the 2018 Bonds shall be collectively
referred to herein as the “Outstanding Parity Bonds”); and
WHEREAS, the Council has determined, and does hereby declare its intent to issue its
Water and Sewer Revenue Refunding Note, Series 2020 (the “2020 Note”) pursuant to the Charter
and the Supplemental Public Securities Act (being Part 2, Articles 57, Title 11 of the Revised
Statutes of the State of Colorado) as now in effect and as it may from time to time be amended
(the “Supplemental Public Securities Act”), for the purpose of refunding the 2010 Bonds at a lower
interest rate than the interest rates on the 2010 Bonds, establishing a reserve fund and paying all
necessary, incidental and appurtenant expenses in connection therewith, including the costs of
issuance of the 2020 Note; and
WHEREAS, pursuant to Section 98 of the Charter, the Council has the option to authorize
a negotiated or private sale of bonds or other obligations upon a recommendation by the City
Manager that such sale would be to the best advantage of the City, which recommendation has
been made to Council in the City’s staff agenda memo for the Instrument after consultation with
Hilltop Securities Inc. of Denver, Colorado, as Municipal Advisor to the City; and
WHEREAS, the Municipal Advisor will assist the City in conducting a competitive request
for lending proposals from banks for the payment and cancellation of the 2010 Bonds through the
issuance by the City of its 2020 Note, after considering the recommendation of the City Manager,
the Council has determined that the sale of the 2020 Note within the parameters established
pursuant to the Instrument is in the best interests of the City and the residents thereof, and hereby
authorizes the Loan Delegate to determine the winning proposal within the parameters established
pursuant to the Instrument; and
WHEREAS, except as hereinabove provided with respect to the remaining Outstanding
Parity Bonds, the City has not pledged, nor in any way hypothecated, revenues derived and to be
derived from the operation of the Facilities to the payment of any bonds or for any other purpose
(excluding proceedings authorizing the issuance of any bonds which have heretofore been paid in
full, or provision for the payment thereof in full has been made), with the result that the resulting
Net Income may now be pledged lawfully and irrevocably for payment of the 2020 Note herein
authorized on a parity with the Outstanding Parity Bonds as provided herein; and
WHEREAS, Ordinance No. 7754, Ordinance No. 7781, Ordinance No. 7875, Ordinance
No. 8074, Ordinance No. 8117, and Ordinance No. 8255 (collectively, the “Prior Ordinances”),
respectively, include certain financial tests that must be met prior to the issuance of any additional
bonds payable from the Net Income; and
WHEREAS, the 2020 Note is being issued in compliance with the Prior Ordinances
authorizing the Outstanding Parity Bonds; and
Item 3C - Refunding of the 2010 Water and Sewer Revenue Bonds Page 7
WHEREAS, the 2020 Note shall be secured by an irrevocable and first and prior (but not
exclusive) lien upon the Net Income and upon moneys deposited from time to time in the Bond
Fund and the Reserve Fund for the 2020 Note; and
WHEREAS, none of the members of the Council have any potential conflicting interests
in connection with the authorization of the loan or the issuance and delivery of the 2020 Note, or
the use of the proceeds thereof; therefore
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
BOULDER, COLORADO:
ARTICLE I
SHORT TITLE, DEFINITIONS, INTERPRETATION, RATIFICATION,
AUTHENTICATION, PUBLICATION AND EFFECTIVE DATE
Section 1.01. Short Title. This ordinance may be designated by the short title “Series
2020 Note ordinance” (the “Instrument”).
Section 1.02. Meanings and Construction.
(a)Definitions. The terms in this Section defined for all purposes of this
Instrument and of any instrument amendatory hereof or supplemental hereto, and of any
other instrument or any other document appertaining hereto, except where the context by
clear implication otherwise requires, shall have the meanings herein specified:
“Authorized Denomination” means the outstanding principal amount of the 2020
Note.
“Charter” means the home rule Charter of the City.
“Chief Financial Officer” means the Chief Financial Officer of the City.
“City” means the City of Boulder, Colorado, and its successors.
“City Manager” means the City Manager of the City.
“Clerk” means the City Clerk of the City.
“Code” means the Internal Revenue Code of 1986, as amended.
“Council” means the City Council of the City.
“Dated Date” means the original dated date for the 2020 Note, which shall be the
date of delivery of the 2020 Note or such other date as established in the Loan Certificate.
“Enabling Law” means the Charter, the Enterprise Ordinance, the Public Securities
Refunding Act, and the Supplemental Public Securities Act, as may be amended.
Item 3C - Refunding of the 2010 Water and Sewer Revenue Bonds Page 8
“Event of Default” means any of the events stated in Section 10.03 hereof.
“Facilities” means, collectively, the Sewer System and the Water System of the
City.
“Federal Securities” means bills, certificates of indebtedness, notes, bonds or
similar securities which are direct obligations of, or the principal and interest of which
securities are unconditionally guaranteed by, the United States of America or evidences of
such indebtedness which are noncallable at the option of the issuer thereof.
“Fiscal Year” for the purposes of this Instrument means the Fiscal Year as provided
by State law.
“Gross Income” means all income and revenues derived directly or indirectly by
the City from the operation and use of the Sewer System, and the Water System, as may
be designated, or any part thereof, whether resulting from improvements, extensions,
enlargements, repairs or betterments thereto, or otherwise, including interest earnings on
moneys in any fund or account created by this Instrument and includes all revenues earned
by the City therefrom, including without limiting the generality of the foregoing, all rentals,
fees, rates and other charges for the use thereof, or for any service rendered by the City in
the operation thereof, but excluding any moneys received as grants, appropriations or gifts
from the United States of America, the State, or other sources, the use of which is limited
by the grantor or donor to the construction of capital improvements therefor, except to the
extent any such moneys shall be received as payments for the use of the Facilities, or any
part thereof.
“Hereby,” “herein,” “hereinabove,” “hereinafter,” “hereinbefore,” “hereof,”
“hereto,” “hereunder,” and any similar term refer to this Instrument and not solely to the
particular portion thereof in which such work is used; “heretofore” means before the
adoption of this Instrument; and “hereafter” means after the adoption of this Instrument.
“Holder” means the Person in whose name the 2020 Note is registered on the
registration book maintained by the Paying Agent pursuant hereto, which Person shall be
the Lender on the Dated Date.
“Independent Accountant” means any certified public accountant, or any firm of
such certified public accountants, duly licensed to practice and practicing as such under the
laws of the State, appointed and paid by the Council, in the name of the City, as determined
by the Council:
(i)who is, in fact, independent and not under the domination of the
City;
(ii)who does not have any substantial interest, direct or indirect, with
the City; and
Item 3C - Refunding of the 2010 Water and Sewer Revenue Bonds Page 9
(iii)who is not connected with the City as an officer or employee thereof,
but who may be regularly retained to make annual or similar audits of any books or
records of the City.
“Instrument” means this ordinance, designated in Section 1.01 hereof by the short
title “Series 2020 Note ordinance;” and the terms “instrument of the City,” “instrument of
the Council,” “amendatory instrument,” “supplemental instrument,” or any phrase of
similar import means any ordinance adopted by the Council on behalf of the City.
“Insured Bank” means a bank which is a member of the Federal Deposit Insurance
Corporation or Federal Savings and Loan Insurance Corporation.
“Interest Payment Date” means each June 1 and December 1, commencing on June
1, 2021 or such other dates set forth in the Loan Certificate.
“Interest Rate” means the interest rate per annum set forth in the Loan Certificate.
“Issuance Expense Fund” means the “City of Boulder, Colorado Water and Sewer
Revenue Refunding Note, Series 2020 Issuance Expense Fund” created in Section 4.01(d)
hereof.
“Lender” means such bank, bank affiliate or similar financial institution identified
by the mayor in the Loan Certificate, or its successor.
“Loan Certificate” means the certificate executed by the Loan Delegate under the
authority delegated pursuant to the Instrument which sets forth certain financial terms of
the 2020 Note.
“Loan Delegate” means the Chief Financial Officer of the City or, in the event such
person is unavailable, the City Manager.
“Maturity Date” means the final date on which the principal of the 2020 Note is
due and payable.
“Mayor” means the Mayor of the City.
“Minimum Bond Reserve” means an amount equal to not less than the average
annual debt service on the 2020 Note and all other Parity Bonds, less amounts on deposit
in any reserve fund in connection with Parity Bonds heretofore or hereafter issued.
“Municipal Advisor” means Hilltop Securities Inc. of Denver, Colorado.
“Net Income” means the Gross Income derived from the operation and use of the
Sewer System and the Water System as may be designated, after the deduction of the
Operation and Maintenance Expenses other than those Operation and Maintenance
Expenses set forth in clause (a) of the definition of Operation and Maintenance Expenses
set forth in this Instrument.
Item 3C - Refunding of the 2010 Water and Sewer Revenue Bonds Page 10
“Note Counsel” means (a) as of the date of issuance of the 2020 Note, Kutak Rock
LLP; and (b) as of any other date, Kutak Rock LLP or such other attorneys selected by the
City with nationally recognized expertise in the issuance of municipal obligations.
“Note Fund” means the “City of Boulder, Colorado, Water and Sewer Revenue
Refunding Note, Series 2020 Interest and Note Retirement Fund” created in
Section 4.01(a) hereof and required to be accumulated and maintained in Section 5.14
hereof.
“Operation and Maintenance Expenses” means all reasonable and necessary
current expenses of the City, paid or accrued, for operating, maintaining and repairing the
Water System and the Sewer System as may be designated; and the term may include at
the City’s option (except as limited by law), without limiting the generality of the
foregoing, (a) engineering, auditing, reporting, legal and other overhead expenses of the
City directly related to the administration, operation and maintenance thereof;
(b)insurance and fidelity bond premiums; (c) the reasonable charges of the Paying Agent
and any other depositary bank appertaining thereto; (d) payments to pension, retirement,
health and hospitalization funds; (e) any taxes, assessments or other charges which may be
lawfully imposed on the City or its income or operations of any properties under its control
and appertaining thereto; (f) ordinary and current rentals of equipment or other property;
(g)refunds of any revenues lawfully due to others; (h) expenses in connection with the
issuance of bonds or other securities evidencing any loan to the City and payable from
Gross Income; (i) the expenses and compensation of any trustee or other fiduciary;
(j)contractual services and professional services required by this Instrument; (k) salaries,
labor and the cost of materials and supplies used for current operation; and (l) all other
third party administrative, general and commercial expenses, but:
(i)excluding any allowance for depreciation or any amounts for capital
replacements;
(ii)excluding the costs of improvements, extensions, enlargements and
betterments (or any combination thereof) that qualify as capital items in accordance
with generally accepted accounting principles, or any reserves therefor;
(iii)excluding any reserves for operation, maintenance or repair of the
Facilities;
(iv)excluding any allowance for the redemption of any bond or other
security evidencing a loan, or the payment of any interest thereon, or any reserve
therefor; and
(v)excluding liabilities incurred by the City as the result of its
negligence in the operation of the Facilities or other ground of legal liability not
based on contract, or any reserve therefor.
“Ordinance No. 7754” means Ordinance No. 7754, introduced, passed and adopted
by the Council on the 7th day of September, 2010.
Item 3C - Refunding of the 2010 Water and Sewer Revenue Bonds Page 11
“Ordinance No. 7781” means Ordinance No. 7781, introduced, passed and adopted
by the Council on the 18th day of January, 2011.
“Ordinance No. 7875” means Ordinance No. 7875, introduced, passed and adopted
by the Council on the 16th day of October, 2012.
“Ordinance No. 8074” means Ordinance No. 8074, introduced, passed and adopted
by the Council on the 1st day of September, 2015.
“Ordinance No. 8117” means Ordinance No. 8117, introduced, passed and adopted
by the Council on the 3rd day of May, 2016.
“Ordinance No. 8255” means Ordinance No. 8255, introduced, passed and adopted
by the Council on the 15th day of May, 2018.
“Outstanding” when used with reference to bonds or notes as of any particular date
means all bonds or notes payable from the Net Income of the Facilities in any manner
theretofore and thereupon being executed and delivered:
(i) except any bond canceled by the City, by the Paying Agent, or
otherwise on the City’s behalf, at or before said date;
(ii) except any bond for the payment or the redemption of which moneys
at least equal to the principal amount of, any prior redemption premium due in
connection with, and the interest on the bond to the date of maturity or the prior
redemption date, shall have theretofore been deposited with a commercial bank in
escrow or in trust for that purpose, as provided in Section 9.01 hereof; and
(iii) except any bond in lieu of or in substitution for which another bond
shall have been executed and delivered pursuant to Section 3.08, Section 3.09 or
Section 11.08 hereof.
“Parity Bonds” means bonds or other obligations payable from Net Income on a
parity with the 2020 Note herein authorized to be issued.
“Paying Agent” means U.S. Bank National Association, or its successors or
assigns, acting hereunder as, among other things, paying agent, registrar and authenticating
agent.
“Permitted Investments” means any lawful investment permitted for the investment
of funds of the City by the laws of the State and the City’s investment policies.
“Person” means a corporation, firm, other body corporate, partnership, association
or individual, and also includes an executor, administrator, trustee, receiver or other
representative appointed according to law.
“Public Securities Refunding Act” means Part 1 of Article 56 of Title 11, C.R.S.,
or any successor thereto.
Item 3C - Refunding of the 2010 Water and Sewer Revenue Bonds Page 12
“Rebate Fund” means the “City of Boulder, Colorado, Water and Sewer Revenue
Refunding Series 2020 Note Rebate Fund” created in Section 5.16 hereof.
“Refunded Bond Requirements” means all principal of and interest due in
connection with the 2010 Bonds up to and including the date of their optional redemption
and payment in full.
“Refunding Project” means the refunding of the Refunded Bonds and any other
purpose for which proceeds of the 2020 Note may be expended under the Enabling Law,
including, but not limited to, funding the Reserve Fund, the payment of the costs of
issuance of the 2020 Note and the refunding, paying and discharging of the Refunded Bond
Requirements.
“Rebate Income Account” means the Rebate Income Account created in
Section 5.16 hereof.
“Rebate Principal Account” means the Rebate Principal Account created in
Section 5.16 hereof.
“Record Date” shall mean the 15th day of the month prior to each interest payment
date with respect to the 2020 Note.
“Registered Owner” or “Holder” means the Person in whose name the 2020 Note
is registered on the registration book maintained by the Paying Agent pursuant hereto,
which Person shall be the Lender on the Dated Date.
“Reserve Fund” means the “City of Boulder, Colorado, Water and Sewer Revenue
Refunding Bonds, Series 2020 Reserve Fund” created in Section 4.01 hereof.
“Sewer Income Fund” means the “City of Boulder Sewer Income Fund,” created
and designated as the “City of Boulder Gross Income Sewer Fund” in Section 9, Ordinance
No. 2000, and directed to be continued and redesignated in Section 5.02 hereof.
“Sewer System” means the City’s municipally-owned sanitary sewer system,
consisting of all properties, real, personal, mixed, or otherwise, now owned or hereafter
acquired by the City through purchase, construction, or otherwise, or reasonably necessary
for the operation of the sanitary sewer system regardless of ownership of the capital asset,
and used in connection with the sanitary sewer system of the City, and in any way
appertaining thereto, whether situated within or without the corporate boundaries of the
City, or both within and without the corporate boundaries of the City.
“Sewer System Operation and Maintenance Fund” means the “City of Boulder
Sewer System Operation and Maintenance Fund” created by Ordinance No. 2577, and
directed to be continued in Section 5.03 hereof.
“State” means the State of Colorado.
Item 3C - Refunding of the 2010 Water and Sewer Revenue Bonds Page 13
“Subordinate Bonds” means bonds payable from Net Income subordinate and
junior to the lien of the 2020 Note herein authorized to be issued.
“Supplemental Public Securities Act” shall mean Part 2, Article 57, Title 11 of the
Revised Statutes of the State of Colorado, as amended.
“Tax Certificate” means the Tax Compliance Certificate of the City concerning the
tax status of the 2020 Note.
“Tax Letter of Instructions” means the Tax Letter of Instructions, dated the date of
delivery of the 2020 Note, delivered by Kutak Rock LLP to the City, as the same may be
superseded or amended as provided in Section 5.16 hereof.
“2010 Bonds” or “Refunded Bonds” means the “City of Boulder, Colorado (Acting
through its Water Utility Enterprise and Wastewater Utility Enterprise), Water and Sewer
Revenue Bonds, Series 2010,” authorized by Ordinance No. 7754.
“2010 Bond Fund” means the “City of Boulder, Colorado, Water and Sewer
Revenue Bonds, Series 2010 Interest and Bond Retirement Fund,” to be maintained by
the 2010 Paying Agent in accordance with Ordinance No. 7754 and the provisions
hereof.
“2010 Paying Agent” means U.S. Bank National Association, or its successors or
assigns, acting as paying agent, registrar and authenticating agent for the 2010 Bonds.
“2011 Bonds” means the “City of Boulder, Colorado (Acting through its Water
Utility Enterprise and Wastewater Utility Enterprise), Water and Sewer Revenue
Refunding Bonds, Series 2011,” authorized by Ordinance No. 7781.
“2011 Bond Fund” means the “City of Boulder, Colorado, Water and Sewer
Revenue Bonds, Series 2011 Interest and Bond Retirement Fund,” created in Ordinance
No. 7781.
“2011 Minimum Bond Reserve” means the “Minimum Bond Reserve,” as defined
in Ordinance No. 7781.
“2011 Reserve Fund” means the “City of Boulder, Colorado, Water and Sewer
Revenue Bonds, Series 2011 Reserve Fund,” created in Ordinance No. 7781.
“2012 Bonds” means those bonds designated as the “City of Boulder, Colorado
(Acting through its Water Utility Enterprise and Wastewater Utility Enterprise), Water and
Sewer Revenue Refunding Bonds, Series 2012.”
“2012 Bond Fund” means the “City of Boulder, Colorado, Water and Sewer
Revenue Refunding Bonds, Series 2012 Interest and Bond Retirement Fund,” created in
Ordinance No. 7875.
Item 3C - Refunding of the 2010 Water and Sewer Revenue Bonds Page 14
“2012 Minimum Bond Reserve” means the “Minimum Bond Reserve,” as defined
in Ordinance No. 7875.
“2012 Reserve Fund” means the “City of Boulder, Colorado, Water and Sewer
Revenue Refunding Bonds, Series 2012 Reserve Fund,” created in Ordinance No. 7875.
“2012 Reserve Policy Agreement” means the Reserve Policy Insurance Agreement,
dated as of November 1, 2012, by and between the City and the 2012 Reserve Policy
Provider with respect to the 2012 Bonds and the 2012 Reserve Policy.
“2012 Reserve Policy Provider” means Assured Guaranty Municipal Corp., and its
successors and assigns.
“2012 Reserve Policy” means the municipal bond debt service reserve insurance
policy issued by the 2012 Reserve Policy Provider guaranteeing certain payments from the
Reserve Fund with respect to the 2012 Bonds.
“2015 Bonds” means those bonds designated as the “City of Boulder, Colorado
(Acting through its Water Utility Enterprise and Wastewater Utility Enterprise), Water and
Sewer Revenue Bonds, Series 2015.”
“2015 Bond Fund” means the “City of Boulder, Colorado, Water and Sewer
Revenue Bonds, Series 2015 Interest and Bond Retirement Fund,” created in Ordinance
No. 8074.
“2015 Minimum Bond Reserve” means the “Minimum Bond Reserve,” as defined
in Ordinance No. 8074.
“2015 Reserve Fund” means the “City of Boulder, Colorado, Water and Sewer
Revenue Bonds, Series 2015 Reserve Fund,” created in Ordinance No. 8074.
“2015 Reserve Policy Agreement” means the Reserve Policy Insurance Agreement,
dated as of October 1, 2015, by and between the City and the 2015 Reserve Policy Provider
with respect to the 2015 Bonds and the 2015 Reserve Policy.
“2015 Reserve Policy Provider” means Assured Guaranty Municipal Corp., and its
successors and assigns.
“2015 Reserve Policy” means the municipal bond debt service reserve insurance
policy issued by the 2015 Reserve Policy Provider guaranteeing certain payments from the
Reserve Fund with respect to the 2015 Bonds.
“2016 Bonds” means those bonds designated as the “City of Boulder, Colorado
(Acting through its Water Utility Enterprise and Wastewater Utility Enterprise), Water and
Sewer Revenue Bonds, Series 2016.”
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“2016 Bond Fund” means the “City of Boulder, Colorado, Water and Sewer
Revenue Bonds, Series 2016 Interest and Bond Retirement Fund,” created in Ordinance
No. 8117.
“2016 Minimum Bond Reserve” means the “Minimum Bond Reserve,” as defined
in Ordinance No. 8117.
“2016 Reserve Fund” means the “City of Boulder, Colorado, Water and Sewer
Revenue Bonds, Series 2016 Reserve Fund,” created in Ordinance No. 8117.
“2016 Reserve Policy Agreement” means the Reserve Policy Insurance Agreement,
dated as of June 7, 2016, by and between the City and the 2016 Reserve Policy Provider
with respect to the 2016 Bonds and the 2016 Reserve Policy.
“2016 Reserve Policy Provider” means Assured Guaranty Municipal Corp., and its
successors and assigns.
“2016 Reserve Policy” means the municipal bond debt service reserve insurance
policy issued by the 2016 Reserve Policy Provider guaranteeing certain payments from the
Reserve Fund with respect to the 2016 Bonds.
“2018 Bonds” means those bonds issued and designated as the “City of Boulder,
Colorado (Acting through its Water Utility Enterprise and Wastewater Utility Enterprise),
Water and Sewer Revenue Bonds, Series 2018.”
“2018 Bond Fund” means the “City of Boulder, Colorado, Water and Sewer
Revenue Bonds, Series 2018 Interest and Bond Retirement Fund,” created in Ordinance
No. 8255.
“2018 Minimum Bond Reserve” means the “Minimum Bond Reserve,” as defined
in Ordinance No. 8255.
“2018 Reserve Fund” means the “City of Boulder, Colorado, Water and Sewer
Revenue Bonds, Series 2018 Reserve Fund,” created in Ordinance No. 8255.
“2018 Reserve Policy Agreement” means the Reserve Policy Insurance Agreement,
dated as of June 18, 2018, by and between the City and the 2018 Reserve Policy Provider
with respect to the 2018 Bonds and the 2018 Reserve Policy.
“2018 Reserve Policy Provider” means Assured Guaranty Municipal Corp., and its
successors and assigns.
“2018 Reserve Policy” means the municipal bond debt service reserve insurance
policy issued by the 2018 Reserve Policy Provider guaranteeing certain payments from the
Reserve Fund with respect to the 2018 Bonds, which shall be credited to the 2018 Reserve
Fund.
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“2020 Note” means the note issued hereunder and designated as the “City of
Boulder, Colorado (Acting through its Water Utility Enterprise and Wastewater Utility
Enterprise), Water and Sewer Revenue Refunding Note, Series 2020.”
“2020 Reserve Policy Provider” means a provider of a 2020 Reserve Policy, if any,
as may be designated in the Loan Certificate.
“2020 Reserve Policy” means a municipal bond debt service reserve insurance
policy, if any, issued by a 2020 Reserve Policy Provider guaranteeing certain payments
from the Reserve Fund with respect to the 2020 Note which may be credited to the Reserve
Fund, as set forth in the Loan Certificate.
“Water Income Fund” means the “City of Boulder Water Income Fund,” created
and designated as the “City of Boulder Gross Income Water Fund” in Section 9, Ordinance
No. 2000, and directed to be continued and redesignated in Section 5.02 hereof.
“Water System” means the City’s municipally-owned water system, consisting of
all properties, real personal, mixed or otherwise, now owned or hereafter acquired by the
City through purchase, construction, or otherwise, or reasonably necessary for the
operation of the water system regardless of ownership of the capital asset, and used in
connection with the water system of the City, and in any way appertaining thereto, whether
situated within or without the City limits, or both within and without the City limits.
“Water System Operation and Maintenance Fund” means the “City of Boulder
Water System Operation and Maintenance Fund” created in Section 5.03 of Ordinance
No. 5491 and directed to be continued in Section 5.03 hereof.
(b) Construction. This Instrument, except where the context by clear
implication herein otherwise requires, shall be construed as follows:
(i) Definitions include both singular and plural.
(ii) Pronouns include both singular and plural and cover all genders.
(iii) Any percentage of 2020 Note is to be figured on the unpaid principal
amount thereof then Outstanding.
(iv) Articles, sections, subsections, paragraphs and subparagraphs
mentioned by number, letter, or otherwise, correspond to the respective articles,
sections, subsections, paragraphs and subparagraphs of this Instrument so
numbered or otherwise so designated.
(v) The titles applied to articles, sections, subsections, paragraphs and
subparagraphs of this Instrument are inserted only as a matter of convenience and
ease in reference and in no way define, limit or describe the scope or intent of any
provisions of this Instrument.
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Section 1.03. Successors. Whenever herein the City or the Council is named or is referred
to, such provision shall be deemed to include any successors of the City or the Council,
respectively, whether so expressed or not. All of the covenants, stipulations, obligations and
agreements by, or on behalf of, and other provisions for the benefit of the City or the Council
contained herein, shall bind and inure to the benefit of any such successors and shall bind and inure
to the benefit of any officer, board, district, commission, authority, agent or instrumentality to
whom or to which there shall be transferred by, or in accordance with law, any right, power or
duty of the City or the Council or of their respective successors, if any, the possession of which is
necessary or appropriate in order to comply with any such covenants, stipulations, obligations,
agreements or other provisions hereof.
Section 1.04. Parties Interested Herein. Nothing herein expressed or implied is
intended or shall be construed to confer upon or give to any Person, other than the City, the Council
and the holders of the 2020 Note any right, remedy or claim under or by reason hereof or any
covenant, condition or stipulation hereof. All the covenants, stipulations, promises and agreements
herein contained by and on behalf of the City shall be for the sole and exclusive benefit of the City,
the Council and any Holder of the 2020 Note.
Section 1.05. Amendments to Prior Ordinances. The following definitions in the Prior
Ordinances shall hereby be amended in their entirety to read as follows:
“Sewer System” means the City’s municipally-owned sanitary sewer system,
consisting of all properties, real, personal, mixed, or otherwise, now owned or hereafter
acquired by the City through purchase, construction, or otherwise, or reasonably necessary
for the operation of the sanitary sewer system regardless of ownership of the capital asset,
and used in connection with the sanitary sewer system of the City, and in any way
appertaining thereto, whether situated within or without the corporate boundaries of the
City, or both within and without the corporate boundaries of the City.
“Water System” means the City’s municipally-owned water system, consisting of
all properties, real personal, mixed or otherwise, now owned or hereafter acquired by the
City through purchase, construction, or otherwise, or reasonably necessary for the
operation of the water system regardless of ownership of the capital asset, and used in
connection with the water system of the City, and in any way appertaining thereto, whether
situated within or without the City limits, or both within and without the City limits.
ARTICLE II
COUNCIL’S DETERMINATIONS, AUTHORITY FOR AND
AUTHORIZATION OF REFUNDING PROJECT AND OBLIGATION OF CITY
Section 2.01. Authority for this Instrument. This Instrument is adopted by virtue of the
City’s powers as a city organized and operating pursuant to Articles X and XX of the State
Constitution, the Charter, the Enterprise Ordinance, the Public Securities Refunding Act and the
Supplemental Public Securities Act; and the City has ascertained and hereby determines that each
and every matter and thing as to which provision is made herein is necessary in order to carry out
and to effectuate the purposes of the City in accordance with the Charter.
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Section 2.02. Necessity of Refunding Project and 2020 Note. It is necessary and for the
best interests of the City and the inhabitants thereof that the City effect the Refunding Project and
defray the cost thereof by issuing a revenue note therefor; and the Council hereby so determines
and declares.
Section 2.03. Authorization of Refunding Project. The Council, on behalf of the City,
does hereby determine to refund the Refunded Bonds; and the Refunding Project is hereby so
authorized.
Section 2.04. Estimated Cost of Refunding Project. The Cost of the Refunding Project
is estimated not to exceed $6,300,000, excluding any such cost funded or to be funded by any
source other than the proceeds of the principal amount of the 2020 Note and excluding amounts to
be paid as costs of issuance or to be used to fund the Reserve Fund.
Section 2.05. Instrument to Constitute Contract. In consideration of the purchase and
the acceptance of the 2020 Note by the Lender, the provisions hereof shall be deemed to be and
shall constitute contracts between the City and the Lender or any other Holder from time to time
of the 2020 Note; and the covenants and agreements herein set forth to be performed on behalf of
the City shall be for the benefit, protection and security of the Holder of the Outstanding 2020
Note.
Section 2.06. Special Obligation. The 2020 Note, together with the interest accruing
thereon, shall be payable and collectible solely out of the Net Income to be derived from the
operation and use of the Facilities, the Net Income of which is so pledged; the Holder thereof may
not look to any general or other fund for the payment of principal of and interest on such obligation
except the herein-designated special funds pledged therefor; the 2020 Note shall not constitute an
indebtedness or a debt within the meaning of any constitutional, Charter or statutory provision or
limitation; and the 2020 Note shall not be considered or held to be a general obligation of the City
but shall constitute its special obligation. None of the covenants, agreements, representations and
warranties contained herein or in the 2020 Note issued hereunder, in the absence of any breach
thereof, shall ever impose or shall be construed as imposing any liability, obligation or charge
against the City or its general credit, payable out of its general fund or out of any funds derived
from taxation.
ARTICLE III
AUTHORIZATION, TERMS,
EXECUTION AND ISSUANCE OF THE 2020 NOTE
Section 3.01. Authorization and Purpose of the 2020 Note. Pursuant to and in
accordance with the Enabling Law, the City hereby authorizes, approves and orders that there shall
be issued the “City of Boulder, Colorado (Acting through its Water Utility Enterprise and its
Wastewater Utility Enterprise), Water and Sewer Revenue Refunding Note, Series 2020,” in the
aggregate principal amount not to exceed $6,400,000 for the purpose of paying the costs of the
Refunding Project. The 2020 Note is payable both as to principal and interest solely out of the Net
Income derived from the operation and use of the Facilities, and the City pledges irrevocably, but
Item 3C - Refunding of the 2010 Water and Sewer Revenue Bonds Page 19
not necessarily exclusively, such Net Income to the payment of the 2020 Note Bonds and the
interest thereon.
Section 3.02. 2020 Note Details.
(a) Registered Form, Denomination, Dated Date and Numbering. The 2020
Note shall be issued as a single, certificated, fully registered Note dated as of the Dated
Date, and shall be registered in the name of the Lender, or if later transferred pursuant to
Section 3.05 in the name of the Person identified in the registration book maintained by the
Paying Agent pursuant to this Instrument. The 2020 Note shall be issued in an Authorized
Denomination. The 2020 Note shall be consecutively numbered, beginning with the number
one, preceded by the letter “R.” The 2020 Note shall be held at all times by a single Holder.
(b) Maturity Date, Principal Amount and Interest Rate. The 2020 Note shall
mature on the Maturity Date and in the principal amount set forth in the Loan Certificate.
The Council hereby delegates to the Loan Delegate the authority to determine the aggregate
principal amount of the 2020 Note (which shall not to exceed $6,400,000), the principal
amount of the 2020 Note subject to redemption in any calendar year, the Dated Date, the
Maturity Date (which shall be on or prior to December 1, 2030) the Interest Payment Date,
the price at which the 2020 Note will be issued and the rate of interest on the 2020 Note
(which shall not exceed 2.50% per annum), and hereby authorizes these and any other
necessary terms of the loan to be set forth in the Loan Certificate, the execution and delivery
of which shall be conclusive evidence of the approval by Council of the terms contained
therein.
(c) Accrual and Dates of Payment of Interest. Interest on the 2020 Note
(calculated based on a 360-day year of twelve 30-day months) shall accrue at the Interest
Rate from the later of the Dated Date or the latest Interest Payment Date (or in the case of
defaulted interest, the latest date) to which interest has been paid in full and shall be payable
on each Interest Payment Date.
(d) Manner and Form of Payment. The principal of the 2020 Note shall be
payable in lawful money of the United States of America to the Holder upon prior
redemption or on the Maturity Date. The interest on and principal of the 2020 Note is
payable to the Holder at its address as it appears on the registration book maintained on
behalf of the City by the Paying Agent.
Interest and principal payments shall be paid by check or draft of the Paying Agent
mailed on or before each Interest Payment Date and Principal Payment Date to the Holder.
The Paying Agent may make payments of interest and principal by alternative means, such
as by wire transfer, as may be mutually agreed to between the Holder of the 2020 Note and
the Paying Agent. All payments of the principal of and interest on the 2020 Note shall be
made in lawful money of the United States of America.
Within thirty days following the date of the final payment of the 2020 Note, in full,
the Holder of the 2020 Note shall present the 2020 Note to the Paying Agent, at the
principal operations office of the Paying Agent at U.S. Bank National Association, Denver
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Tower, 950 17th Street, Denver, CO 80202, or at such other address as provided in writing
by the Paying Agent to the Holder.
Section 3.03. Form of the 2020 Note. The 2020 Note shall be in substantially the form
set forth in Appendix A hereto, with such changes thereto, not inconsistent herewith, as may be
necessary or desirable and approved by Lender and the officials of the City executing the same
(whose manual or facsimile signatures thereon shall constitute conclusive evidence of such
approval). All covenants, statements, representations and agreements contained in the 2020 Note
are hereby approved and adopted as the covenants, statements, representations and agreements of
the City. Although attached as an appendix for the convenience of the reader, Appendix A is an
integral part of this Instrument and is incorporated herein as if set forth in full in the body of this
Instrument. The 2020 Note shall recite that it is issued under the authority of the Enabling Laws.
Such recital shall be conclusive evidence of the validity and the regularity of the issuance of the
2020 Note after its delivery for value.
Section 3.04. Execution, Authentication and Delivery of the 2020 Note.
(a) Execution. The 2020 Note shall be executed in the name and on behalf of
the City with the manual or facsimile signature of the Mayor or the Mayor Pro-Tem, shall
bear a manual or facsimile of the seal of the City and shall be attested by the manual or
facsimile signature of the City Clerk both of whom are hereby authorized and directed to
prepare and execute the 2020 Note in accordance with the requirements hereof. Should any
officer whose manual or facsimile signature appears on the 2020 Note cease to be such
officer before delivery of the 2020 Note, such manual or facsimile signature shall
nevertheless be valid and sufficient for all purposes.
(b) Authentication. When the 2020 Note has been duly executed, the officers
of the City are authorized to, and shall, deliver the 2020 Note to the Paying Agent for
authentication. The 2020 Note shall not be secured by or entitled to the benefit of this
Instrument, nor shall it be valid or obligatory for any purpose, unless the certificate of
authentication of the Paying Agent has been manually executed by an authorized signatory
of the Paying Agent. The executed certificate of authentication of the Paying Agent upon
the 2020 Note shall be conclusive evidence, and the only competent evidence, that the 2020
Note has been properly authenticated hereunder.
(c) Delivery. Upon the authentication of the 2020 Note, the receipt of the loan
from the Lender equal to the principal amount of the 2020 Note and the delivery of the
approving opinion of Note Counsel, the Paying Agent shall be directed to release the 2020
Note and deliver the same to the Lender in accordance with the directions of the Lender.
Section 3.05. Registration, Transfer and Exchange of the 2020 Note.
(a) Registration. The Paying Agent shall maintain registration books in which
the ownership, transfer and exchange of 2020 Note shall be recorded. The Person in whose
name the 2020 Note shall be registered on such registration book shall be deemed to be the
absolute owner thereof for all purposes.
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(b) Transfer and Exchange. The 2020 Note may be transferred or exchanged
at the office of the Paying Agent for a 2020 Note in the Authorized Denomination and the
same Interest Rate upon payment by the transferee of any tax or governmental charge
required to be paid with respect to such transfer or exchange. Upon surrender for transfer
of the 2020 Note, duly endorsed for transfer or accompanied by an assignment duly executed
by the Holder or his or her attorney duly authorized in writing, the City shall execute and
the Paying Agent shall authenticate and deliver in the name of the transferee a new 2020
Note.
Section 3.06. Replacement of Lost, Destroyed or Stolen 2020 Note. If the 2020 Note
shall become lost, apparently destroyed, stolen or wrongfully taken, it may be replaced in the form
and tenor of the lost, destroyed, stolen or taken 2020 Note and the City shall execute and the Paying
Agent shall authenticate and deliver a replacement 2020 Note upon the Holder furnishing, to the
satisfaction of the Paying Agent: (a) proof of ownership (which shall be shown by the registration
books of the Paying Agent); (b) proof of loss, destruction or theft; and (c) an indemnity satisfactory
to the City and the Paying Agent with respect to the 2020 Note lost, destroyed or taken.
Section 3.07. Redemption of 2020 Note Prior to Maturity.
(a) Optional Redemption. The 2020 Note may be subject to redemption prior
to maturity at the option of the City, if at all, on such dates and at such prices as determined
by the Lender and the Loan Delegate and set forth in the Loan Certificate.
(b) Mandatory Sinking Fund Redemption. All or any principal amount of the
2020 Note may be subject to mandatory sinking fund redemption by lot on the Principal
Payment Date of the years and in the principal amounts specified in the Loan Certificate, at
a redemption price equal to the principal amount to be redeemed (with no redemption
premium), plus accrued interest to the redemption date.
(c) Redemption Procedures. No notice shall be required for mandatory sinking
fund redemption as provided in Section 3.07(b) Not less than thirty days prior to the date
established for optional redemption of the 2020 Note, as provided in Section 3.07(a), the
City shall notify the Lender of its intent to exercise its optional redemption right.
ARTICLE IV
USE OF 2020 PROCEEDS AND RESERVE POLICY
Section 4.01. Disposition of 2020 Bond Proceeds. The proceeds of the 2020 Note upon
the receipt thereof, shall be deposited promptly by the Chief Financial Officer in an Insured Bank
designated by the Council (except as otherwise provided hereafter) and shall be accounted for in
the following manner and priority and are hereby pledged therefor:
(a) Reserve Fund. There initially will be credited to a separate account hereof
created and to be known as the “City of Boulder, Colorado, Water and Sewer Revenue
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Refunding Note, Series 2020 Reserve Fund,” funded in an amount equal to the Minimum
Bond Reserve as set forth in the Loan Certificate.
(b) Payment and Redemption of Refunded Bonds. Immediately upon the
receipt of the proceeds of the loan in an amount equal to the principal amount of the 2020
Note, the proceeds of the loan in the amount of the Refunded Bond Requirements shall be
deposited with the 2010 Paying Agent in the 2010 Bond Fund and used for the redemption
of the Series 2010 Bonds on a redemption date to be determined and set forth in the Loan
Certificate.
(c) Payment of Costs of Issuance. Proceeds of the 2020 Note in amount set
forth in the Loan Certificate shall be credited to a separate account hereby created and to be
known as the “City of Boulder Water and Sewer Revenue Refunding Note, Series 2020
Issuance Expense Fund” and shall be used to pay costs of issuance in connection with the
2020 Note. Upon the determination of the City that all costs of issuance of the 2020 Note
have been paid or are determinable, any balance remaining in this account shall be
transferred to the Note Fund.
Section 4.02. 2020 Reserve Policy. The Council hereby authorizes the Loan Delegate to
execute and deliver any 2020 Reserve Policy Agreement. The Loan Delegate is also hereby
authorized and directed to take all actions necessary to cause a 2020 Reserve Policy Provider to
issue a 2020 Reserve Policy, including without limitation, payment of the premium(s) due in
connection therewith and entering into any authorizing agreement. Further terms with respect to
any 2020 Reserve Policy Agreement will be contained in the Loan Certificate.
ARTICLE V
ADMINISTRATION OF
AND ACCOUNTING FOR PLEDGED REVENUES
Section 5.01. Pledge Securing 2020 Note. Subject only to the right of the City to cause
amounts to be withdrawn therefrom and paid on account of Operation and Maintenance Expenses
of the Facilities, the Net Income and all moneys and securities paid, or to be paid to, or held, or to
be held, in any account under Article V of this Instrument or under Section 4.01 hereof are hereby
pledged to secure the payment of the principal of and the interest on the 2020 Note; and this pledge
of the resulting Net Income shall be valid and binding from and after the date of the first delivery
of the 2020 Note, and the moneys, as received by the City and hereby pledged, shall immediately
be subject to the lien of this pledge without any physical delivery thereof or further act, and the
lien of this pledge and the obligation to perform the contractual provisions hereby made shall have
priority over any or all other obligations and liabilities of the City, and the lien of this pledge shall
be valid and binding as against all parties having claims of any kind in tort, contract or otherwise
against the City irrespective of whether such parties have notice thereof.
Section 5.02. Income Deposits. So long as the 2020 Note shall be Outstanding, either as
to principal or interest, or both, the entire Gross Income of the Facilities shall be set aside and
credited, as follows:
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(a) Sewer Income Fund. For the purposes of this Instrument, a separate account
shall continue to be set aside, maintained and known as the “City of Boulder Sewer Income
Fund” (the “Sewer Income Fund”). So long as the 2020 Note shall be Outstanding, either
as to principal or interest, all Gross Income derived from the operation of the Sewer System
shall continue to be credited to the Sewer Income Fund.
(b) Water Income Fund. For the purposes of this Instrument, a separate account
shall continue to be set aside, maintained and known as the “City of Boulder Water Income
Fund” (the “Water Income Fund”). So long as the 2020 Note shall be Outstanding, either
as to principal or interest, all Gross Income derived from the operation of the Water System
shall continue to be credited to the Water Income Fund.
Section 5.03. Administration of Income Funds. So long as the 2020 Note hereby
authorized shall be Outstanding, either as to principal or interest, or both, as provided herein in
Sections 5.03 through 5.15 hereof, the following payments shall be made from the Sewer Income
Fund and the Water Income Fund:
(a) Sewer O. & M. Expenses. First, as a first charge thereon, there shall be set
aside from the Sewer Income Fund in an account heretofore created and reauthorized by the
Prior Ordinances and this Instrument and known as the “City of Boulder Sewer System
Operation and Maintenance Fund” (the “Sewer System Operation and Maintenance Fund”),
moneys sufficient to pay Operation and Maintenance Expenses of the Sewer System as they
become due and payable, and thereupon they shall be promptly paid. Any surplus remaining
at the end of the Fiscal Year and not needed for Operation and Maintenance Expenses shall
be transferred to the Sewer Income Fund and be used for the purposes thereof, as herein
provided.
(b) Water O. & M. Expenses. Concurrently, as a first charge thereon, there shall
be set aside from the Water Income Fund in an account heretofore created and reauthorized
by the Prior Ordinances and this Instrument, known as the “City of Boulder Water System
Operation and Maintenance Fund” (the “Water System Operation and Maintenance Fund”),
moneys sufficient to pay Operation and Maintenance Expenses of the Water System, as they
become due and payable, and thereupon they shall be promptly paid. Any surplus remaining
at the end of the Fiscal Year and not needed for Operation and Maintenance Expenses shall
be transferred to the Water Income Fund and be used for the purposes thereof, as herein
provided.
Section 5.04. 2011 Bond Fund Payments. Second, and concurrently with the payments
required by Sections 5.06, 5.08, 5.10, 5.12 and 5.14 hereof, from any moneys remaining in the
Water Income Fund or Sewer Income Fund, there shall be credited to the 2011 Bond Fund the
following:
(a) Interest Payments. Monthly, commencing on the first day of the month
immediately succeeding the delivery of any of the 2011 Bonds, an amount in equal monthly
installments necessary, together with any other moneys from time to time available therefor,
from whatever source, to pay the next maturing installment of interest on the 2011 Bonds
then Outstanding.
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(b) Principal Payments. Monthly, commencing on the first day of the month
immediately succeeding the delivery of any of the 2011 Bonds, an amount in equal monthly
installments necessary, together with any other moneys from time to time available therefor,
from whatever source, to pay the next maturing installment of principal of the Outstanding
2011 Bonds.
The moneys credited to the 2011 Bond Fund shall be used to pay the principal of and interest on
the 2011 Bonds as the same become due.
Section 5.05. 2011 Reserve Fund Payments. Third, and concurrently with the payments
required by Sections 5.07, 5.09, 5.11, 5.13 and 5.15 hereof, from any moneys remaining in the
Water Income Fund or Sewer Income Fund, except as provided in Sections 5.17 and 5.18, and in
addition to the moneys required to be deposited in the 2011 Reserve Fund by Section 4.01 of
Ordinance No. 7781, there shall be credited to the 2011 Reserve Fund any moneys necessary to
make up any deficiency in the 2011 Reserve Fund, to the extent moneys on deposit in the
2011 Reserve Fund are less than the 2011 Minimum Bond Reserve. No payment need be made
into the 2011 Reserve Fund so long as the moneys therein are at least equal to the 2011 Minimum
Bond Reserve. The moneys in the 2011 Reserve Fund shall be maintained as a continuing reserve
to be used, except as hereinafter provided in Section 5.17 and in Section 5.18 hereof, only to
prevent deficiencies in the payment of the principal of and the interest on the 2011 Bonds resulting
from the failure to deposit into the 2011 Bond Fund sufficient funds to pay said principal and
interest as the same accrue. Except as otherwise provided herein, if a deficiency in the
2011 Reserve Fund arises due to a transfer from the 2011 Reserve Fund to the 2011 Bond Fund,
then such deficiency shall be made up from the Water Income Fund or Sewer Income Fund as soon
as any moneys become available therein. Any moneys at any time in the 2011 Reserve Fund in
excess of the 2011 Minimum Bond Reserve, including investment earnings derived from amounts
on deposit in the 2011 Reserve Fund, may be withdrawn therefrom and transferred to the
2011 Bond Fund.
Section 5.06. 2012 Bond Fund Payments. Fourth, and concurrently with the payments
required by Sections 5.04, 5.08, 5.10, 5.12 and 5.14 hereof, from any moneys remaining in the
Water Income Fund or Sewer Income Fund, there shall be credited to the 2012 Bond Fund the
following:
(a) Interest Payments. Monthly, commencing on the first day of the month
immediately succeeding the delivery of any of the 2012 Bonds, an amount in equal monthly
installments necessary, together with any other moneys from time to time available therefor,
from whatever source, to pay the next maturing installment of interest on the 2012 Bonds
then Outstanding.
(b) Principal Payments. Monthly, commencing on the first day of the month
immediately succeeding the delivery of any of the 2012 Bonds, an amount in equal monthly
installments necessary, together with any other moneys from time to time available therefor,
from whatever source, to pay the next maturing installment of principal of the Outstanding
2012 Bonds.
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The moneys credited to the 2012 Bond Fund shall be used to pay the principal of and interest on
the 2012 Bonds as the same become due.
Section 5.07. 2012 Reserve Fund Payments. Fifth, and concurrently with the payments
required by Sections 5.05, 5.09, 5.11, 5.13 and 5.15 hereof, from any moneys remaining in the
Water Income Fund or Sewer Income Fund, except as provided in Sections 5.17 and 5.18, and in
addition to the moneys required to be deposited in the 2012 Reserve Fund by Section 4.01 of
Ordinance No. 7875, there shall be credited to the 2012 Reserve Fund any moneys necessary to
make up any deficiency in the 2012 Reserve Fund, to the extent moneys on deposit in the 2012
Reserve Fund are less than the 2012 Minimum Bond Reserve or to repay the 2012 Reserve Policy
Provider for a drawing on the 2012 Reserve Policy. No payment need be made into the 2012
Reserve Fund so long as the moneys therein are at least equal to the 2012 Minimum Bond Reserve
and no draw has been made on the 2012 Reserve Policy credited to the 2012 Reserve Fund. The
moneys in the 2012 Reserve Fund shall be maintained as a continuing reserve to be used (including
draws on the 2012 Reserve Policy), except as hereinafter provided in Section 5.17 and in Section
5.18 hereof, only to prevent deficiencies in the payment of the principal of and the interest on the
2012 Bonds resulting from the failure to deposit into the 2012 Bond Fund sufficient funds to pay
said principal and interest as the same accrue. Except as otherwise provided herein, if a deficiency
in the 2012 Reserve Fund arises due to a transfer from the 2012 Reserve Fund to the 2012 Bond
Fund (or a draw on the 2012 Reserve Policy), then such deficiency shall be made up from the
Water Income Fund or Sewer Income Fund as soon as any moneys become available therein. Any
moneys at any time in the 2012 Reserve Fund in excess of the 2012 Minimum Bond Reserve,
including investment earnings derived from amounts on deposit in the 2012 Reserve Fund, may
be withdrawn therefrom and transferred to the 2012 Bond Fund.
Section 5.08. 2015 Bond Fund Payments. Sixth, and concurrently with the payments
required by Sections 5.04, 5.06, 5.10, 5.12 and 5.14 hereof, from any moneys remaining in the
Water Income Fund or Sewer Income Fund, there shall be credited to the 2015 Bond Fund the
following:
(a) Interest Payments. Monthly, commencing on the first day of the month
immediately succeeding the delivery of any of the 2015 Bonds, an amount in equal monthly
installments necessary, together with any other moneys from time to time available therefor,
from whatever source, to pay the next maturing installment of interest on the 2015 Bonds
then Outstanding.
(b) Principal Payments. Monthly, commencing on the first day of the month
immediately succeeding the delivery of any of the 2015 Bonds, an amount in equal monthly
installments necessary, together with any other moneys from time to time available therefor,
from whatever source, to pay the next maturing installment of principal of the Outstanding
2015 Bonds.
The moneys credited to the 2015 Bond Fund shall be used to pay the principal of and interest on
the 2015 Bonds as the same become due.
Section 5.09. 2015 Reserve Fund Payments. Seventh, and concurrently with the
payments required by Sections 5.05, 5.07, 5.11, 5.13 and 5.15 hereof, from any moneys remaining
Item 3C - Refunding of the 2010 Water and Sewer Revenue Bonds Page 26
in the Water Income Fund or Sewer Income Fund, except as provided in Sections 5.17 and 5.18,
and in addition to the moneys required to be deposited in the 2015 Reserve Fund by Section 4.01
of Ordinance No. 8074, there shall be credited to the 2015 Reserve Fund any moneys necessary to
make up any deficiency in the 2015 Reserve Fund, to the extent moneys on deposit in the 2015
Reserve Fund are less than the 2015 Minimum Bond Reserve or to repay the 2015 Reserve Policy
Provider for a drawing on the 2015 Reserve Policy. No payment need be made into the 2015
Reserve Fund so long as the moneys therein are at least equal to the 2015 Minimum Bond Reserve
and no draw has been made on the 2015 Reserve Policy credited to the 2015 Reserve Fund. The
moneys in the 2015 Reserve Fund shall be maintained as a continuing reserve to be used (including
draws on the 2015 Reserve Policy), except as hereinafter provided in Section 5.17 and in Section
5.18 hereof, only to prevent deficiencies in the payment of the principal of and the interest on the
2015 Bonds resulting from the failure to deposit into the 2015 Bond Fund sufficient funds to pay
said principal and interest as the same accrue. Except as otherwise provided herein, if a deficiency
in the 2015 Reserve Fund arises due to a transfer from the 2015 Reserve Fund to the 2015 Bond
Fund (or a draw on the 2015 Reserve Policy), then such deficiency shall be made up from the
Water Income Fund or Sewer Income Fund as soon as any moneys become available therein. Any
moneys at any time in the 2015 Reserve Fund in excess of the 2015 Minimum Bond Reserve,
including investment earnings derived from amounts on deposit in the 2015 Reserve Fund, may
be withdrawn therefrom and transferred to the 2015 Bond Fund.
Section 5.10. 2016 Bond Fund Payments. Eighth, and concurrently with the payments
required by Sections 5.04, 5.06, 5.08, 5.12 and 5.14 hereof, from any moneys remaining in the
Water Income Fund or Sewer Income Fund, there shall be credited to the 2016 Bond Fund the
following:
(a) Interest Payments. Monthly, commencing on the first day of the month
immediately succeeding the delivery of any of the 2016 Bonds, an amount in equal monthly
installments necessary, together with any other moneys from time to time available therefor,
from whatever source, to pay the next maturing installment of interest on the 2016 Bonds
then Outstanding.
(b) Principal Payments. Monthly, commencing on the first day of the month
immediately succeeding the delivery of any of the 2016 Bonds, an amount in equal monthly
installments necessary, together with any other moneys from time to time available therefor,
from whatever source, to pay the next maturing installment of principal of the Outstanding
2016 Bonds.
The moneys credited to the 2016 Bond Fund shall be used to pay the principal of and interest on
the 2016 Bonds as the same become due.
Section 5.11. 2016 Reserve Fund Payments. Ninth, and concurrently with the payments
required by Sections 5.05, 5.07, 5.09, 5.13 and 5.15 hereof, from any moneys remaining in the
Water Income Fund or Sewer Income Fund, except as provided in Sections 5.17 and 5.18, and in
addition to the moneys required to be deposited in the 2016 Reserve Fund by Section 4.01 of
Ordinance No. 8117, there shall be credited to the 2016 Reserve Fund any moneys necessary to
make up any deficiency in the 2016 Reserve Fund, to the extent moneys on deposit in the
2016 Reserve Fund are less than the 2016 Minimum Bond Reserve or to repay the 2016 Reserve
Item 3C - Refunding of the 2010 Water and Sewer Revenue Bonds Page 27
Policy Provider for a drawing on the 2016 Reserve Policy. No payment need be made into the
2016 Reserve Fund so long as the moneys therein are at least equal to the 2016 Minimum Bond
Reserve and no draw has been made on the 2016 Reserve Policy credited to the 2016 Reserve
Fund. The moneys in the 2016 Reserve Fund shall be maintained as a continuing reserve to be
used (including draws on the 2016 Reserve Policy), except as hereinafter provided in Section 5.17
and in Section 5.18 hereof, only to prevent deficiencies in the payment of the principal of and the
interest on the 2016 Bonds resulting from the failure to deposit into the 2016 Bond Fund sufficient
funds to pay said principal and interest as the same accrue. Except as otherwise provided herein,
if a deficiency in the 2016 Reserve Fund arises due to a transfer from the 2016 Reserve Fund to
the 2016 Bond Fund (or a draw on the 2016 Reserve Policy), then such deficiency shall be made
up from the Water Income Fund or Sewer Income Fund as soon as any moneys become available
therein. Any moneys at any time in the 2016 Reserve Fund in excess of the 2016 Minimum Bond
Reserve, including investment earnings derived from amounts on deposit in the 2016 Reserve
Fund, may be withdrawn therefrom and transferred to the 2016 Bond Fund.
Section 5.12. 2018 Bond Fund Payments. Tenth, and concurrently with the payments
required by Sections 5.04, 5.06, 5.08, 5.10 and 5.14 hereof, from any moneys remaining in the
Water Income Fund or Sewer Income Fund, there shall be credited to the 2018 Bond Fund, created
in Section 4.01 of Ordinance No. 8255, the following:
(a) Interest Payments. Monthly, commencing on the first day of the month
immediately succeeding the delivery of any of the 2018 Bonds, an amount in equal monthly
installments necessary, together with any other moneys from time to time available therefor,
from whatever source, to pay the next maturing installment of interest on the 2018 Bonds
then Outstanding.
(b) Principal Payments. Monthly, commencing on the first day of the month
immediately succeeding the delivery of any of the 2018 Bonds, an amount in equal monthly
installments necessary, together with any other moneys from time to time available therefor,
from whatever source, to pay the next maturing installment of principal of the Outstanding
2018 Bonds.
The moneys credited to the 2018 Bond Fund shall be used to pay the principal of and interest on
the 2018 Bonds as the same become due.
Section 5.13. 2018 Reserve Fund Payments. Eleventh and concurrently with the
payments required by Sections 5.05, 5.07, 5.09 5.11 and 5.15 hereof, from any moneys remaining
in the Water Income Fund or Sewer Income Fund, except as provided in Sections 5.17 and 5.18,
and in addition to the moneys required to be deposited in the Reserve Fund by Section 4.01 hereof,
there shall be credited to the Reserve Fund any moneys necessary to make up any deficiency in
the Reserve Fund, to the extent moneys on deposit in or credited to the Reserve Fund are less than
the Minimum Bond Reserve or to repay the 2018 Reserve Policy Provider for a drawing on the
2018 Reserve Policy. No payment need be made into the Reserve Fund so long as the moneys
therein or credited thereto are at least equal to the Minimum Bond Reserve and no draw has been
made on the 2018 Reserve Policy credited to the Reserve Fund. The moneys in the Reserve Fund
shall be maintained as a continuing reserve to be used (including draws on the 2018 Reserve
Policy), except as hereinafter provided in Section 5.17 and in Section 5.19 hereof, only to prevent
Item 3C - Refunding of the 2010 Water and Sewer Revenue Bonds Page 28
deficiencies in the payment of the principal of and the interest on the 2018 Bonds resulting from
the failure to deposit into the Bond Fund sufficient funds to pay said principal and interest as the
same accrue. Except as otherwise provided herein, if a deficiency in the Reserve Fund arises due
to a transfer from the Reserve Fund to the Bond Fund (or a draw on the 2018 Reserve Policy), then
such deficiency shall be made up from the Water Income Fund or Sewer Income Fund as soon as
any moneys become available therein. Any moneys at any time in the Reserve Fund in excess of
the Minimum Bond Reserve, including investment earnings derived from amounts on deposit in
the Reserve Fund, may be withdrawn therefrom and transferred to the Bond Fund.
Section 5.14. Note Fund Payments. Twelfth, and concurrently with the payments
required by Sections 5.04, 5.06, 5.08, 5.10 and 5.12 hereof, from any moneys remaining in the
Water Income Fund or Sewer Income Fund, there shall be credited to the Note Fund, created in
Section 4.01 hereof, the following:
(a) Interest Payments. Monthly, commencing on the first day of the month
immediately succeeding the delivery of any of the 2020 Note, an amount in equal monthly
installments necessary, together with any other moneys from time to time available therefor,
from whatever source, to pay the next maturing installment of interest on the 2020 Note
then Outstanding.
(b) Principal Payments. Monthly, commencing on the first day of the month
immediately succeeding the delivery of any of the 2020 Note, an amount in equal monthly
installments necessary, together with any other moneys from time to time available therefor,
from whatever source, to pay the next maturing installment of principal of the Outstanding
2020 Note.
The moneys credited to the Note Fund shall be used to pay the principal of and interest on the 2020
Note as the same become due.
Section 5.15. Reserve Fund Payments. Thirteenth and concurrently with the payments
required by Sections 5.05, 5.07, 5.09, 5.11 and 5.13 hereof, from any moneys remaining in the
Water Income Fund or Sewer Income Fund, except as provided in Sections 5.17 and 5.18, and in
addition to the moneys required to be deposited in the Reserve Fund by Section 4.01 hereof, there
shall be credited to the Reserve Fund any moneys necessary to make up any deficiency in the
Reserve Fund, to the extent moneys on deposit in or credited to the Reserve Fund are less than the
Minimum Bond Reserve or to repay any 2020 Reserve Policy Provider for a drawing on any 2020
Reserve Policy. No payment need be made into the Reserve Fund so long as the moneys therein
or credited thereto are at least equal to the Minimum Bond Reserve and no draw has been made
on any 2020 Reserve Policy credited to the Reserve Fund. The moneys in the Reserve Fund shall
be maintained as a continuing reserve to be used (including draws on any 2020 Reserve Policy),
except as hereinafter provided in Section 5.17 and in Section 5.18 hereof, only to prevent
deficiencies in the payment of the principal of and the interest on the 2020 Note resulting from the
failure to deposit into the Note Fund sufficient funds to pay said principal and interest as the same
accrue. Except as otherwise provided herein, if a deficiency in the Reserve Fund arises due to a
transfer from the Reserve Fund to the Note Fund (or a draw on any 2020 Reserve Policy), then
such deficiency shall be made up from the Water Income Fund or the Sewer Income Fund as soon
as any moneys become available therein. Any moneys at any time in the Reserve Fund in excess
Item 3C - Refunding of the 2010 Water and Sewer Revenue Bonds Page 29
of the Minimum Bond Reserve, including investment earnings derived from amounts on deposit
in the Reserve Fund, may be withdrawn therefrom and transferred to the Note Fund.
Section 5.16. Rebate Fund.
(a) The City hereby establishes the “City of Boulder, Colorado Water and Sewer
Revenue Refunding Note, Series 2020 Rebate Fund” (the “Rebate Fund”), which shall be
expended in accordance with the provisions hereof and the Tax Letter of Instructions, and
there is further established within said Rebate Fund the Rebate Principal Account and the
Rebate Income Account. The City shall make deposits to and disbursements from the
Rebate Fund in accordance with the Tax Letter of Instructions, shall invest the Rebate Fund
pursuant to said Tax Letter of Instructions, and shall deposit income from said investments
immediately upon receipt thereof in the Rebate Income Account, all as set forth in the Tax
Letter of Instructions. The deposits required to be made to the Rebate Fund shall be made
from any Net Income of the Facilities, including amounts on deposit in any fund or account
created by this Instrument. The City shall make the calculations, deposits, disbursements
and investments as may be required by the immediately preceding sentence or, to the extent
it deems necessary in order to ensure the tax-exempt status of interest on the 2020 Note,
shall employ at its expense a person or firm with recognized expertise in the area of rebate
calculation, to make such calculations. The Tax Letter of Instructions may be superseded
or amended by a new Tax Letter of Instructions accompanied by an opinion of Note Counsel
addressed to the City to the effect that the use of said new Tax Letter of Instructions will
not cause the interest on the 2020 Note to become includible in gross income for the
purposes of federal income taxation.
(b) The City shall annually make the rebate deposit described in the Tax Letter
of Instructions. Records of the determinations required by this Section 5.16 and the Tax
Letter of Instructions shall be retained by the City until six years after the final retirement
of the 2020 Note.
(c) Not later than 30 days after the end of the fifth anniversary of the date of
issuance of the 2020 Note and every five years thereafter, the City shall pay to the United
States of America 90% of the amount required to be on deposit in the Rebate Principal
Account as of such payment date and 100% of the amount on deposit in the Rebate Income
Account as of such payment date. Not later than 60 days after the final retirement of the
2020 Note, the City shall pay to the United States of America 100% of the balance remaining
in the Rebate Principal Account and the Rebate Income Account. Each payment required
to be paid to the United States of America pursuant to this Section 5.16 shall be filed with
the Internal Revenue Service Center, Ogden, Utah 84201. Each payment shall be
accompanied by a copy of the Internal Revenue Form 8038-G originally filed with respect
to the 2020 Note and a statement summarizing the determination of the amount to be paid
to the United States of America.
Section 5.17. Termination of Deposits. No payment need be made into the Bond Fund,
the Reserve Fund, or both, if the amount in the Bond Fund and the amount in the Reserve Fund
total a sum at least equal to the entire amount of the Outstanding 2020 Note, both as to principal
and interest to the Maturity Date, or to any prior redemption date on which the City shall have
Item 3C - Refunding of the 2010 Water and Sewer Revenue Bonds Page 30
exercised or shall have obligated itself to redeem prior to the Maturity Date the 2020 Note then
Outstanding, and both accrued and not accrued, in which case, moneys in said two accounts in an
amount, except for any interest or other gain to accrue from any investment of moneys in Permitted
Investments from time to time of any such deposit to the time or respective times the proceeds of
any such investment shall be needed for such payment, at least equal to such principal and interest
requirements, shall be used together with any such gain from investments solely to pay such as the
same become due; and any moneys in excess thereof in said two accounts and any other moneys
derived from the operation of the Facilities may be used in any lawful manner determined by the
Council.
Section 5.18. Defraying Delinquencies. If, in any month, the City shall for any reason
fail to pay into the Note Fund the full amount above stipulated from the Water Income Fund or
Sewer Income Fund, then an amount shall be paid into the Note Fund in such month from the
Reserve Fund (or from a draw on the 2020 Reserve Policy), in accordance with Section 5.15
hereof, equal to the difference between that paid from the Water Income Fund or Sewer Income
Fund and the full amount so stipulated. The money so used shall be replaced in the Reserve Fund
(or used to reimburse a draw on any 2020 Reserve Policy) from the first income thereafter received
from the operation of the Facilities not required to be otherwise applied by Sections 5.03 through
5.15 and 5.16 hereof, but excluding any payments required for any Subordinate Bonds. In the
event that other bonds are Outstanding, any lien to secure the payment of which on the Net Income
is on a parity with the lien thereon of the 2020 Note, and the proceedings authorizing the issuance
of those bonds require the replacement of moneys in a reserve fund therefor, then the moneys
replaced in the Reserve Fund for the 2020 Note (or used to reimburse a draw on any 2020 Reserve
Policy) and in each such other reserve fund shall be replaced on a pro rata basis as moneys become
available therefor. If, in any month, the City shall for any reason fail to pay into the Reserve Fund
(or reimburse a draw on any 2020 Reserve Policy) the full amount above stipulated, if any, from
the Net Income, the difference between the amount paid and the amount so stipulated shall in a
like manner be paid therein from the first Net Income thereafter received and not required to be
applied otherwise by Sections 5.03 through 5.15 and 5.16 hereof, but excluding any payments
required for any Subordinate Bonds. The moneys in the Note Fund and in the Reserve Fund shall
be used solely and only for the purpose of paying the principal of and the interest on the 2020
Note; provided, however, that any moneys at any time in excess of the Minimum Bond Reserve in
the Reserve Fund may be withdrawn therefrom and used as herein provided for the payment of the
2020 Note as it becomes due or on any prior redemption date; and provided, further, that any
moneys in the Note Fund and in the Reserve Fund in excess of accrued and unaccrued principal
and interest requirements to the Maturity Date or designated prior redemption date of the
Outstanding 2020 Note may be used as hereinabove provided in Section 5.17 hereof.
Section 5.19. Payment of Additional Bonds. Fourteenth, but either concurrently with
the payments required by Sections 5.03 through 5.16 hereof in the case of additional Parity Bonds,
or subsequent to in the case of additional Subordinate Bonds, any moneys remaining in the Water
Income Fund and in the Sewer Income Fund, after making the payments hereinabove provided,
may be used by the City for the payment of interest on and the principal of additional bonds
hereafter authorized to be issued and payable from the Net Income of the Facilities, including
reasonable reserves therefor, as the same accrue; provided, however, that the lien of such additional
bonds on the Net Income of the Facilities and the pledge thereof for the payment of such additional
bonds shall be on a parity with, in the case of additional Parity Bonds, or subordinate to, in the
Item 3C - Refunding of the 2010 Water and Sewer Revenue Bonds Page 31
case of additional Subordinate Bonds, the lien and pledge of the bonds herein authorized, as
hereinafter provided.
Section 5.20. Facilities Income Pledge. Anything herein to the contrary notwithstanding,
if moneys in the Water Income Fund or the Sewer Income Fund are at any time insufficient to pay
the amounts required to be paid therefrom, after permitted transfers from the Reserve Fund, then
moneys in either such fund shall be used to pay all items payable therefrom pursuant to this
Article V.
Section 5.21. Use of Remaining Revenues. After making the payments hereinabove
required to be made by Sections 5.03 through 5.16 hereof, any remaining income derived from the
operation of the Water System in the Water Income Fund, and any remaining income derived from
the operation of the Sewer System in the Sewer Income Fund, shall be used for any one of any
combination of purposes, as follows:
(a) Payment of Obligations. For the payment of the interest on and principal of
general obligation bonds, debt and other obligations, if any, incurred in the acquisition,
construction, improvement and equipping of the Facilities;
(b) Purchase of Obligations. For the purchase in the open market of the 2020
Note or any other Outstanding bonds or other obligations incurred for any such purpose or
purposes and payable from the Net Income of the Facilities, at the best price obtainable, not,
however, in excess of the call price therefor then applicable, or if none be then applicable,
not in excess of a reasonable price therefor;
(c) Prior Redemption. For the prior redemption of the 2020 Note or any other
Outstanding bonds or other obligations payable from the Net Income of the Facilities, in
accordance with the provisions of the 2020 Note or other obligations and any instrument
authorizing their issuance, including but not necessarily limited to this Instrument, but not
in excess of a price at which such 2020 Note or other obligations can be purchased in the
open market;
(d) Improvement. For the repair, enlargement, extension, betterment and
improvement of the Facilities;
(e) O. & M. Expenses. For defraying any Operation and Maintenance Expenses
for which provision has not otherwise been made (i) of the Sewer System with surplus water
Gross Income or (ii) of the Water System with surplus sewer Gross Income; and
(f) Any Other Purpose. For any lawful purpose or purposes authorized by the
Constitution and laws of the State and the resolutions, ordinances and Charter of the City,
as the same may be amended from time to time.
Item 3C - Refunding of the 2010 Water and Sewer Revenue Bonds Page 32
ARTICLE VI
GENERAL ADMINISTRATION
Section 6.01. Administration of Accounts. The special accounts designated in
Articles IV and V hereof shall be administered as provided in this Article VI.
Section 6.02. Places and Times of Deposits. Each of the special accounts hereinabove
designated in Article IV and Article V hereof shall be separately accounted for in the records of
the City, which special accounts shall be in one bank account or more in an Insured Bank or Insured
Banks as determined and designated by the Council (except as otherwise expressly stated herein).
Each such account shall be continuously secured to the fullest extent required or permitted by the
laws of the State for the securing of public funds and shall be irrevocable and not withdrawable by
anyone for any purpose other than the respective designated purposes. Each periodic payment
shall be credited to the proper account not later than the date therefor herein designated, except
that when any such date shall be a Sunday or a legal holiday, then such payment shall be made on
or before the next preceding secular day. Notwithstanding any other provision herein to the
contrary, moneys shall be deposited with the Paying Agent prior to each interest payment date
herein designated sufficient to pay the interest, and principal and any prior redemption premiums
then becoming due on the 2020 Note .
Section 6.03. Investment of Moneys. Any moneys in any account designated in
Articles IV and V hereof, and not needed for immediate use, may be invested or reinvested by the
Chief Financial Officer in securities or obligations which are lawful investments for such funds of
the City and which constitute Permitted Investments. The Permitted Investments so purchased as
an investment or reinvestment of moneys in any such account shall be deemed at all times to be
part of the account, and (unless otherwise expressly provided herein) any interest accruing thereon
and any other gain realized therefrom shall be credited to the account, and any loss resulting from
such investment shall be charged to the account; provided, however, that any yield from
investments of moneys in the Reserve Fund in excess of the Minimum Bond Reserve may be
credited to the Sewer Income Fund or Water Income Fund on a pro rata basis based on each fund’s
share of the Reserve Fund. In computing the amount in any such account for any purpose
hereunder, except as herein otherwise expressly provided, such obligation shall be valued at the
lower of the cost or market value thereof, exclusive of any accrued interest or any other gain. The
expenses of purchase, safekeeping, sale and all other expenses incident to any investment or
reinvestment of moneys pursuant to this Section 6.03 shall be accounted for as Operation and
Maintenance Expenses. The Chief Financial Officer shall present for redemption or sale on the
prevailing market at the best price obtainable any Permitted Investments so purchased as an
investment of moneys in the account whenever it shall be necessary so to do to provide moneys to
meet any withdrawal, payment or transfer from such account. The Chief Financial Officer shall
not be liable or responsible for any loss resulting from any such investment made in accordance
with this Instrument.
Section 6.04. Character of Funds. The moneys in any account herein authorized shall
consist either of lawful money of the United States of America or Permitted Investments, or both
such money and such securities. Moneys deposited in a demand or time deposit account in, or
evidenced by, a certificate of deposit of an Insured Bank pursuant to Section 6.02 hereof,
Item 3C - Refunding of the 2010 Water and Sewer Revenue Bonds Page 33
appropriately secured according to the laws of the State, shall be deemed lawful money of the
United States of America.
Section 6.05. Accelerated Payments. Nothing contained in Article V hereof shall be
construed to prevent the accumulation in any account herein designated of any monetary
requirements at a faster rate than the rate or minimum rate, as the case may be, provided in
Article V; provided, however, that no payment shall be so accelerated if such acceleration shall
cause the Council to default in the payment of any obligation of the City appertaining to the
Facilities. Nothing herein contained shall be construed to require in any Fiscal Year, the
accumulation in any account for the payment of the principal of, the interest on, and any prior
redemption premiums due in connection with any series of bonds payable from Net Income and
herein or hereafter authorized, in excess of any principal, the interest, and any prior redemption
premiums due on the first day of June in that Fiscal Year and on the next succeeding first day of
December, but excluding any reserves required to be accumulated and maintained therefor.
Section 6.06. Payment of Note Requirements. The moneys credited to any account
designated in Article V hereof for the payment of the principal of, the interest on, and any prior
redemption premiums due in connection with any series of bonds or other securities herein or
hereafter authorized shall be used, without requisition, voucher or other direction or further
authority than is contained herein, to pay promptly the principal of, the interest on, and any prior
redemption premiums due in connection with the bonds payable therefrom as the same become
due, as herein provided, except to the extent any other moneys are available therefor, including
without limitation moneys accounted for in the Note Fund.
ARTICLE VII
SECURITIES LIENS AND ADDITIONAL BONDS
Section 7.01. First Lien Bonds. The 2020 Note authorized herein, subject to the payment
of all necessary and reasonable Operation and Maintenance Expenses of the Facilities, constitutes
an irrevocable and first lien (but not necessarily an exclusive first lien) upon the resulting Net
Income derived from the operation and use of the Facilities on a parity with the lien thereon of the
Outstanding Parity Bonds.
Section 7.02. Equality of 2020 Note. The 2020 Note authorized to be issued hereunder
and from time to time Outstanding is equitably and ratably secured by a lien on Net Income and
shall not be entitled to any priority one over the other in the application of the Net Income
regardless of the time or times of the issuance of the 2020 Note.
Section 7.03. Issuance of Parity Bonds. Nothing in this Instrument contained shall be
construed in such a manner as to prevent the issuance by the City of additional bonds payable from
Net Income and constituting a lien thereupon on a parity with, but not prior nor superior to, the
lien of the 2020 Note, nor to prevent the issuance of bonds refunding all or a part of the 2020 Note;
provided, however, that before any such additional Parity Bonds are authorized or actually issued
(excluding any parity refunding bonds other than any bonds refunding Subordinate Bonds as
permitted in Section 7.11 hereof):
Item 3C - Refunding of the 2010 Water and Sewer Revenue Bonds Page 34
(a) Absence of Default. The City shall not have defaulted in making any
payments required by Article V hereof during the 24 calendar months immediately
preceding the issuance of such additional bonds, or if the 2020 Note has not been issued and
Outstanding for a period of at least 24 calendar months, for the longest period the 2020 Note
has been issued and Outstanding.
(b) Facilities Earnings Test. The annual Gross Income derived from the
operation of the Facilities for the Fiscal Year immediately preceding the date of the issuance
of such additional Parity Bonds shall have been sufficient to pay the annual Operation and
Maintenance Expenses of the Facilities for said Fiscal Year, and, in addition, sufficient to
pay an amount representing 125% of the combined maximum annual principal and interest
requirements of the Outstanding Parity Bonds of the City payable from and constituting a
lien upon Net Income of the Facilities and the bonds proposed to be issued, except as
hereinafter otherwise expressly provided.
(c) Reduction of Annual Requirements. The respective annual principal and
interest requirements (including as a principal requirement the amount of any prior
redemption premiums due on any prior redemption date as of which any Outstanding bonds
have been called or have been ordered to be called for prior redemption) shall be reduced to
the extent such requirements are scheduled to be paid each of the respective Fiscal Years
with moneys held in trust or in escrow for that purpose by any Insured Bank located within
or without the State and exercising trust powers, including the known minimum yield from
any investment in Federal Securities.
(d) Consideration of Additional Expenses. In determining whether or not
additional Parity Bonds may be issued as aforesaid, consideration shall be given to any
probable increase (but not reduction) in Operation and Maintenance Expenses of the
Facilities, that will result from the expenditure of the funds proposed to be derived from the
issuance and sale of the additional bonds.
(e) Reserve Fund. There shall be established a reserve fund in an amount equal
to at least the average annual debt service on such additional Parity Bonds.
(f) Reserve Policy Costs. In addition to the requirements set forth in subsection
(b) above, the annual Gross Income derived from the operation of the Facilities for the Fiscal
Year immediately preceding the date of the issuance of such additional Parity Bonds shall
have been sufficient to pay 100% of the costs then due and owing on any 2020 Reserve
Policy and any reserve policy on any Outstanding Parity Bonds.
Section 7.04. Certification of Gross Income. A written certification by the Chief
Financial Officer, City Manager or an Independent Accountant that said annual Gross Income,
when adjusted as hereinabove provided in subsections (c) and (d) of Section 7.03 hereof, is
sufficient to pay said amounts, as provided in subsection (c) of Section 7.03 hereof, shall be
conclusively presumed to be accurate in determining the right of the City to authorize, issue, sell
and deliver additional bonds on a parity with the 2020 Note.
Item 3C - Refunding of the 2010 Water and Sewer Revenue Bonds Page 35
Section 7.05. Subordinate Bonds Permitted. Nothing herein contained shall be
construed so as to prevent the City from issuing additional bonds payable from Net Income and
having a lien thereon subordinate, inferior and junior to the lien of the 2020 Note authorized to be
issued by this Instrument.
Section 7.06. Superior Bonds Prohibited. Nothing herein contained shall be construed
so as to permit the City to issue additional bonds payable from Net Income and having a lien
thereon prior and superior to the 2020 Note.
Section 7.07. Use of Proceeds. The proceeds of any additional bonds (other than
refunding securities) payable from revenues of the Facilities shall be used only for improving,
enlarging or extending the Sewer System or the Water System or both systems (or any combination
thereof), as the Council may from time to time determine.
Section 7.08. Payment Dates of Additional Bonds. Any additional Parity Bonds or
Subordinate Bonds (including any refunding bonds) issued in compliance with the terms hereof
shall bear interest payable semiannually on the first days of June and December in each year,
except that the first interest payment date may be for interest accruing for any period not in excess
in the aggregate of one year; and such additional bonds shall mature on the first day of December in
the years designated by the Council during the term of the additional bonds.
Section 7.09. Refunding Bonds. The provisions of Sections 7.03 and 7.04 hereof are
subject to the exceptions provided in Sections 7.10 through 7.13 hereof for the issuance of
refunding bonds.
Section 7.10. Issuance of Refunding Bonds. If at any time after the 2020 Note shall have
been issued and remain Outstanding, the Council shall find it desirable to refund the Outstanding
2020 Note payable from and constituting a lien upon Net Income, said 2020 Note or any part
thereof, may be refunded.
Section 7.11. Issuance of Parity Refunding Bonds. No refunding bonds payable from
Net Income shall be issued on a parity with the 2020 Note herein authorized unless:
(a) Parity Lien. The lien on Net Income of the Outstanding bonds so refunded
is on a parity with the lien thereon of the 2020 Note herein authorized; or
(b) Default and Earnings Tests. The refunding bonds are issued in compliance
with Section 7.03 hereof (including subsections (a) through (f) thereof).
Section 7.12. Partial Refundings. The refunding bonds so issued shall enjoy complete
equality of lien with the portion of any bonds of the same issue which is not refunded, if any there
be; and the holder or holders of such refunding bonds shall be subrogated to all of the rights and
privileges enjoyed by the holder or holders of the unrefunded bonds of the same issue partially
refunded by the refunding bonds.
Section 7.13. Limitations Upon Refundings. Any refunding bonds payable from Net
Income shall be issued with such details as the Council may provide, subject to the provisions of
Section 7.08 hereof, and subject to the inclusion of any such rights and privileges designated in
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Section 7.12 hereof, but without any impairment of any contractual obligation imposed upon the
City by any proceedings authorizing the issuance of any unrefunded portion of such Outstanding
bonds of any one or more issues (including but not necessarily limited to the 2020 Note herein
authorized). If only a part of the Outstanding bonds of any issue or issues payable from Net Income
is refunded, then such bonds may not be refunded without the consent of the holders or holders of
the unrefunded portion of such bonds:
(a) Requirements Not Increased. Unless the refunding bonds do not increase
any aggregate annual principal and interest requirements evidenced by such refunding
bonds and by the Outstanding bonds not refunded on and prior to the last maturity date of
such unrefunded bonds, and the lien of any refunding bonds on the Net Income is not raised
to a higher priority than the lien thereon of the bonds thereby refunded; or
(b) Subordinate Lien. Unless the lien on Net Income for the payment of the
refunding bonds is subordinate to each such lien for the payment of any bonds not refunded.
Section 7.14. Supplemental Instrument.
(a) Additional bonds payable from Net Income shall be issued only after
authorization thereof by a supplemental instrument of the Council stating the purpose or
purposes of the issuance of such additional bonds, directing the application of the proceeds
thereof to such purpose or purposes, directing the execution thereof, and fixing and
determining the date, principal amount, maturities, designation and numbers thereof, the
maximum rate or the rate or rates of interest to be borne thereby, any prior redemption
privileges of the City with respect thereto and other provisions thereof in accordance with
this Instrument.
(b) All additional bonds shall bear such date, shall bear such numbers and series
designation, letters or symbols prefixed to their numbers distinguishing them from each
other security, shall be payable at such place or places, may be subject to redemption prior
to maturity on such terms and conditions, and shall bear interest at such rate or at such
different or varying rates per annum, as may be fixed by instrument of the Council.
ARTICLE VIII
MISCELLANEOUS PROTECTIVE COVENANTS
Section 8.01. General. The City hereby particularly covenants and agrees with the
Holder of the 2020 Note and makes provisions which shall be a part of its contract with such
Holder to the effect and with the purpose set forth in the following provisions and sections of this
Article VIII hereof.
Section 8.02. Performance of Duties. The City, acting by and through the Council or
otherwise, will faithfully and punctually perform or cause to be performed all duties with respect
to the Net Income and the Facilities required by the Constitution and laws of the State and the
various instruments and Charter of the City, including but not limited to, the making and collection
of reasonable and sufficient rates and charges for services rendered or furnished by, or the use of,
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the Facilities, as herein provided, and the proper segregation of the Net Income and its application
to the respective accounts or funds provided from time to time therefor.
Section 8.03. Further Assurances. At any and all times the City shall, so far as it may
be authorized by law, pass, make, do, execute, acknowledge and deliver all and every such further
instruments, acts, deeds, conveyances, assignments, transfers, other documents, and assurances as
may be necessary or desirable for the better assuring, conveying, granting, assigning and
confirming all and singular the rights, the Net Income, and other funds and accounts hereby
pledged or assigned, or intended so to be, or which the City may hereafter become bound to pledge
or to assign, or as may be reasonable and required to carry out the purposes of this Instrument.
The City, acting by and through the Council, or otherwise, shall at all times, to the extent permitted
by law, defend, preserve and protect the pledge of the Net Income of the Facilities and other funds
and accounts pledged hereunder and all the rights of the Holder of the 2020 Note hereunder against
all claims and demands of all persons whomsoever.
Section 8.04. Conditions Precedent. Upon the date of issuance of the 2020 Note, all
conditions, acts and things required by the Constitution or statutes of the State or this Instrument
to exist, to have happened, and to have been performed precedent to, or in the issuance of, the 2020
Note shall exist, have happened, and have been performed; and the 2020 Note, together with all
other obligations of the City, shall be within every debt and other limitation prescribed by the State
Constitution, statutes, or Charter of the City.
Section 8.05. Efficient Operation and Maintenance. The City shall at all times operate
the Facilities properly and in a sound and economical manner; and the City shall maintain, preserve
and keep the same properly or cause the same to be so maintained, preserved, and kept, with the
appurtenances and every part and parcel thereof in good repair, working order, and condition, and
shall, from time to time, make or cause to be made all necessary and proper repairs, replacements
and renewals so that, at all times, the operation of the Facilities may be properly and
advantageously conducted, all as the City shall reasonably determine.
Section 8.06. Rules, Regulations and Other Details. The City, acting by and through
the Council, shall establish and enforce reasonable rules and regulations governing the operation,
use and services of the Facilities. All compensation, salaries, fees and wages paid by it in
connection with the maintenance, repair and operation of the Facilities shall be reasonable and no
more than would be paid by other corporations, municipalities or public bodies for similar services.
The City shall comply with all valid acts, rules, regulation, orders and directions of any legislative,
executive, administrative or judicial body applicable to the Facilities or to the City.
Section 8.07. Payment of Governmental Charges. The City shall pay all taxes and
assessments or other municipal or governmental charges, if any, lawfully levied or assessed upon,
or in respect of, the facilities, or upon any part thereof, or upon any portion of the Net Income,
when the same shall become due, and shall duly observe and comply with all valid requirements
of any municipal or governmental authority relative to any part of the Facilities; and the City shall
not create or suffer to be created any lien or charge upon the Facilities, or any part thereof, or upon
the Net Income, except the pledge and lien created by this Instrument for the payment of the
principal of, any prior redemption premium due in connection with, and the interest on the 2020
Note, and except as herein otherwise permitted. The City shall pay or cause to be discharged or
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will make adequate provision to satisfy and to discharge, within 60 days after the same shall
become payable, all lawful claims and demands for labor, materials, supplies or other objects
which, if unpaid, might by law become a lien upon the Facilities, or any part thereof, or the Net
Income; provided, however, that nothing in this Section contained shall require the City to pay or
to cause to be discharged or to make provision for any such lien or charge, so long as the validity
thereof shall be contested in good faith and by appropriate legal proceedings.
Section 8.08. Prejudicial Action Prohibited. No contract will be entered into nor any
other action taken by the City which the rights of the Holder of the 2020 Note might be impaired
or diminished.
Section 8.09. Protection of Security. The City, the officers, agents and employees of the
City, and the Council shall not take any action in such manner or to such extent as might prejudice
the security for the payment of the 2020 Note and the interest thereon according to the terms
thereof.
Section 8.10. Accumulation of Interest Claims. In order to prevent any claims for
interest after maturity, the City will not directly or indirectly extend or assent to the extension of
the time for the payment of any claim for interest on the 2020 Note; and the City will not, directly
or indirectly, be a party to or approve any arrangements for any such extension or for the purpose
of keeping alive any such claims. In case the time for the payment of any interest shall be extended,
such installment or installments of interest after such extension or arrangement shall not be
entitled, in case of default hereunder, to the benefit or the security of this Instrument, except upon
the prior payment in full of the principal of the 2020 Note then Outstanding and of all matured
interest on such 2020 Note the payment of which has not been extended.
Section 8.11. Prompt Payment of 2020 Note. The City will promptly pay the principal
of and the interest on the 2020 Note issued hereunder and secured hereby at the place, on the dates,
and in the manner specified herein and in the 2020 Note according to the true intent and meaning
hereof.
Section 8.12. Use of Reserve Funds. The Bond Fund and the Reserve Fund shall be used
solely and only and the moneys credited to said account (including any 2020 Reserve Policy) are
hereby pledged for the purpose of paying the interest on and the principal of the 2020 Note, except
for those moneys in the Bond Fund and in the Reserve Fund that are in excess of the interest on
and the principal of the 2020 Note, both accrued and not accrued, to the Maturity Date (subject to
the provisions of Section 9.01 hereof), and except for those moneys in the Reserve Fund in excess
of the Minimum Bond Reserve, as hereinabove provided.
Section 8.13. Additional Bonds. The City shall not hereafter issue any bonds payable
from Net Income and having a lien on a parity with the 2020 Note herein authorized so long as the
2020 Note is Outstanding, unless such additional bonds (other than bonds issued pursuant to
Section 7.10 through 7.13 hereof and refunding bonds on a parity with the 2020 Note) on a parity
with the note herein authorized are issued in such manner as provided in Sections 7.03, 7.04, 7.07,
7.08, 7.11 and 7.12 hereof. Any other bonds or notes hereafter authorized to be issued and payable
from Net Income shall not hereafter be issued, unless such additional bonds or notes are also issued
in conformance with the provisions of Articles V and VIII hereof.
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Section 8.14. Other Liens. Other than as provided by this Instrument, there are no liens
or encumbrances of any nature whatsoever on or against the Facilities, or any part thereof, or on
or against Net Income derived or to be derived.
Section 8.15. Corporate Existence. The City will maintain its corporate identity and
existence so long as the 2020 Note herein authorized remains Outstanding, unless another body
corporate and politic by operation of law succeeds to the duties, privileges, powers, liabilities,
immunities and rights of the City and is obligated by law to operate and maintain the Facilities as
herein provided without adversely affecting to any substantial degree the privileges and rights of
the Holder of the 2020 Note.
Section 8.16. Disposal of Facilities Prohibited. Except for the use of the Facilities or
services thereby rendered in the normal course of business, neither all nor a substantial part of the
Facilities shall be sold, leased, mortgaged, pledged, encumbered, alienated or otherwise disposed
of, until the 2020 Note has been paid in full, both principal and interest, or unless provision has
been made therefor, or until the 2020 Note has otherwise been redeemed, including but not
necessarily limited to the termination of the pledge herein authorized; and the City shall not dispose
of its title to the Facilities or to any useful part thereof, including any property necessary to the
operation and use of the Facilities and the lands and interest in lands comprising the sites of the
Facilities, except as provided in Section 8.17 hereof.
Section 8.17. Disposal of Unnecessary Property. The City may sell, exchange, lease or
otherwise dispose of at any time and from time to time any property constituting a part of the
Facilities and not useful in the construction, reconstruction, or operation thereof, or which shall
cease to be necessary for the efficient operation of the Facilities, or which shall have been replaced
by other property of at least equal value. Any proceeds of any such sale, exchange, lease or other
disposition received and not used to replace such property so sold or so exchanged or otherwise so
disposed of, and appertaining to the Sewer System or the Water System, shall be deposited by the
City as Gross Income in the Sewer Income Fund or the Water Income Fund, respectively, to which
the transaction appertains.
Section 8.18. Competing Facilities. As long as the 2020 Note hereby authorized is
outstanding, the City shall not grant any franchise or license to any competing facilities, nor shall
it permit during said period (except as it may legally be required so to do) any Person to sell water,
water services, sanitary sewer services or any rights to use water facilities or sanitary sewer
facilities to any consumer, public or private, within the City.
Section 8.19. Competent Management. The City shall employ experienced and
competent management personnel for the Facilities who shall have full control over the Facilities
and shall operate the Facilities for the City, subject to the reasonable control by and direction of
the Council and the Manager.
Section 8.20. Employment of Management Engineers. In the event of default on the
part of the City in paying principal of or interest on the 2020 Note promptly as each falls due, or
in the keeping of any covenants herein contained, and if such default shall continue for a period of
60 days, or if the Net Income of the Facilities in any Fiscal Year should fail to equal at least the
amount of the principal of and the interest on the Outstanding 2020 Note and other bonds
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(including all reserves therefor specified in the authorizing proceedings, including but not limited
to this Instrument) payable from the Net Income in that Fiscal Year, the City shall retain a firm of
competent management engineers skilled in the operation of such facilities to assist the
management of the Facilities so long as such default continues or so long as the Net Income is less
than the amount hereinabove designated. (The right of any Holder of the 2020 Note to require the
appointment of such management engineers shall not be exclusive, and in the event of default as
herein outlined, such holder or holders shall have the right to proceed in law or in equity to require
the performance of the covenants herein contained or otherwise to proceed in any action which to
them shall seem appropriate, as herein elsewhere provided.)
Section 8.21. Reserved.
Section 8.22. Budgets. The Council and officials of the City shall annually and at such
other times as may be provided by law prepare and adopt a budget appertaining to the Facilities.
Section 8.23. Reasonable Charges. While the 2020 Note remains Outstanding and
unpaid, the rates, fees, and other charges for the use of and all services rendered by the Facilities
to the City and to its inhabitants and to all other consumers within or without the boundaries of the
City shall be reasonable and just, taking into account and consideration the costs and value of the
Facilities, the Operation and Maintenance Expenses thereof, the proper and necessary allowances
for the depreciation thereof, and the amounts necessary for the retirement of the 2020 Note and
other bonds and obligations payable from Net Income, the accruing interest thereon, and reserves
therefor.
Section 8.24. Adequacy and Applicability of Charges. There shall be charged against
all purchasers of service and all users of the Facilities, such rates, fees and other charges as shall
be adequate to meet the requirements of this and the preceding sections hereof. Such rates and
amounts from the Facilities shall be sufficient to produce Gross Income or earnings annually to
pay the annual Operation and Maintenance Expenses, 125% of both the principal of and the interest
on the 2020 Note and any other bonds payable annually from Gross Income (excluding the reserves
therefor), all of which income, including any income received from the City, shall be subject to
distribution to the payment of Operation and Maintenance Expenses of the Facilities and to the
payment of principal of and interest on all bonds payable from any Net Income, including
reasonable reserves therefor. No free service or facilities shall be furnished by the Facilities,
except to the City in its discretion.
Section 8.25. Levy of Charges. The City will forthwith and, in any event, prior to the
delivery of the 2020 Note herein authorized, fix, establish and levy the fees, rates and other charges
which are required by Section 8.24 of this Instrument, if such action be necessary therefor. No
reduction in any initial or existing rate schedule for the Facilities may be made:
(a) Proper Application. Unless the City has fully complied with the provisions
of Article V of this Instrument for at least the full Fiscal Year immediately preceding such
reduction of the initial rate schedule;
(b) Sufficient Revenues. Unless the audit required by the Independent
Accountant by Section 8.30 of this Instrument for the full Fiscal Year immediately
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preceding such reduction discloses that the estimated revenues resulting from the proposed
rate schedule, after its proposed reduction, for the Facilities will be sufficient to pay an
amount at least equal to the Operation and Maintenance Expenses of the Facilities for the
said period and, in addition, 125% of both the principal of and interest on 2020 Note and
any other securities payable annually from any Net Income from the Facilities including
reasonable reserves therefor.
Section 8.26. Collection of Charges. The City shall cause all rates, fees and other charges
appertaining to the Facilities to be collected as soon as reasonable, shall prescribe and enforce rules
and regulations for the payment thereof and for the connection with and the disconnection from
properties of the Facilities, and shall provide methods of collection and penalties including, but
not limited to, denial of municipal water service for nonpayment of such rates, fees and service
charges, to the end that Net Income of the Facilities shall be adequate to meet the requirements
hereof.
Section 8.27. Procedure for Collecting Charges. All bills for water, water facilities,
electric current appertaining thereto, and sanitary sewer service or facilities furnished or served by
or through the Facilities shall be rendered to customers on a regularly established and orderly basis
when needed. The fees, rates and other charges due shall be collected in a lawful manner, including
without limitation discontinuance of service by the City.
Section 8.28. Records. So long as the 2020 Note remains Outstanding, proper books of
record and account will be kept by the City, separate and apart from all other records and accounts,
showing complete and correct entries of all transactions relating to the Facilities. Such books shall
include (but not necessarily be limited to) monthly records showing:
(a) Numbers. The number of customers by classes;
(b) Receipts. The revenues received from charges by classes of customers; and
(c) Expenses. A detailed statement of the expenses of the Facilities.
All requisitions, requests, certificates, opinions and other documents received by any
Person on behalf of the City in connection with the Facilities under the provisions of this
Instrument shall be retained in such Person’s possession or in the City’s official records.
Section 8.29. Rights Concerning Records and Facilities. Any Holder of the 2020 Note
or any duly authorized agent or agents of such Holder shall have the right, at all reasonable times,
to inspect all records, accounts and data relating thereto, concerning the Facilities or the Net
Income, or both, to make copies of such records, accounts and data, and to inspect the Facilities
and all properties comprising the Facilities.
Section 8.30. Audits Required. The City shall, following the close of each Fiscal Year,
order an audit for the Fiscal Year of such books and accounts to be made forthwith by an
Independent Accountant.
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Section 8.31. Contents of Audits. Each such audit, in addition to whatever matters may
be thought proper by the accountant to be included therein, shall include the following:
(a) Statement. A statement in detail of the income and expenditures of each
system constituting the Facilities for the audit period, including but not necessarily limited
to a statement of Gross Income, of Net Income, and of the amount of any capital
expenditures appertaining to each system for the audit period, as well as a statement of the
profit or loss for the audit period; and
(b) Insurance List. The audit shall have attached to it an unaudited list of the
insurance policies in force at the end of the Fiscal Year, setting out as to each policy the
amount of the policy, the risks covered, and the expiration date of the policy.
Section 8.32. Distribution of Audits and Reports. The City agrees to furnish by
first-class mail, postage prepaid, forthwith, and in any event by July 31 of each year, a copy of
each of such audits and reports to the Holder of the 2020 Note at the Holder’s request and without
request to:
(a) Lender. The Lender, or any known successor Holder of the 2020 Note;
(b) Paying Agent. The Paying Agent, or any known successor thereof; and
(c) Others. Any other Person designated in any instrument or other proceedings
appertaining to any Outstanding bonds payable from Net Income other than the 2020 Note;
after each such audit and report has been prepared; and any such holder shall have the right to
discuss with the Independent Accountant or with the person making the audit and report the
contents thereof and to ask for such additional information as such holder may reasonably require.
Section 8.33. Insurance and Reconstruction. The City shall, at all times, maintain fire
and extended coverage insurance, worker’s compensation insurance, public liability insurance, and
all such other insurance as is customarily maintained with respect to facilities of like character
against loss of, or damage to, the Facilities and against public and other liability to the extent
reasonably necessary to protect the interests of the City and of the Holder of the 2020 Note, except
as herein otherwise provided. The City shall be deemed to have obtained sufficient insurance
coverage under this section if it chooses to self-insure the Facilities. If any useful part of the
Facilities shall be damaged or destroyed, the City shall, as expeditiously as may be possible,
commence and diligently prosecute the repair or replacement of the damaged or destroyed property
so as to restore the same to use unless such property is deemed obsolete or unnecessary by the
City. The proceeds of any such property insurance appertaining thereto shall be payable to the
City and shall be deposited in the Sewer Income Fund or the Water Income Fund, respectively, as
Gross Income, depending upon which fund or funds the insurance proceeds appertain. In the event
that the costs of such repair and replacement of the damaged or destroyed property exceed the
proceeds of such property insurance available for payment of the same, in the case of property
pertaining to the Sewer System moneys in the Sewer Income Fund and in case of property
pertaining to the Water System moneys in the Water Income Fund, shall be used to the extent
necessary for such purposes, as permitted by Sections 5.20 and 5.21 hereof.
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Section 8.34. Fire and Extended Coverage Insurance. Except for the time when the
contractors, or any of them, engaged in constructing, furnishing and equipping any of the Facilities
shall be responsible pursuant to the provisions of their respective contracts for loss or damage, the
City shall procure and maintain, or continue to maintain, fire and extended coverage insurance of
the Facilities, all in amounts at least sufficient to provide for not less than full recovery whenever
the loss from perils insured against does not exceed 80% of the full insurable value, so long as the
2020 Note is Outstanding, except as otherwise provided in Section 8.33.
Section 8.35. Other Insurance. Upon receipt of any proceeds from the sale of the 2020
Note, the City will be obligated, except as otherwise provided in Section 8.33 with respect to
self-insurance, to maintain in connection with the Facilities, other insurance to the extent
considered reasonable and necessary as determined by comparison with other comparable
facilities.
Section 8.36. Reliability and Payment. Insurance required by Sections 8.33, 8.34 and
8.35 hereof shall be carried with a reliable insurance company or companies authorized to do
business in the State; and the premiums on such insurance, or an allocable and pro rata share
thereof, shall be paid as Operation and Maintenance Expenses.
Section 8.37. Proof of Loss. Upon the occurrence of any loss or damages covered by any
of the insurance policies specified above in Sections 8.33, 8.34 and 8.35 hereof from one or more
causes to which reference is made therein, the City will cause to be made due proof of loss and
will cause to be done all things necessary to cause the insuring companies to make payment in
accordance with the terms of such policy or policies.
Section 8.38. Additional Tax Covenants.
(a) The City covenants that it shall not use or permit the use of any proceeds of
the 2020 Note or any other funds of the City from whatever source derived, directly or
indirectly, to acquire any securities or obligations and shall not take or permit to be taken
any other action or actions, which would cause the 2020 Note to be an “arbitrage bond”
within the meaning of Section 148 of the Code, or would otherwise cause the interest on the
2020 Note to be includible in gross income for federal income tax purposes. The City
covenants that it shall at all times do and perform all acts and things permitted by law and
which are necessary in order to assure that interest paid by the City on the 2020 Note shall,
for purposes of federal income taxation, not be includible in gross income under the Code
or any other valid provision of law.
(b) In particular, but without limitation, the City further represents, warrants and
covenants to comply with the following restrictions of the Code, unless it receives an
opinion of nationally recognized bond counsel stating that such compliance is not necessary:
(i) Gross proceeds of the 2020 Note shall not be used in a manner which
will cause the 2020 Note to be considered a “private activity bond” within the
meaning of the Code.
(ii) The 2020 Note is not and shall not become directly or indirectly
“federally guaranteed.”
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(iii) The City shall timely file Internal Revenue Form 8038-G which
shall contain the information required to be filed pursuant to Section 149(e) of the
Code.
(iv) The City shall comply with the Tax Certificate and the Tax Letter of
Instructions delivered to it on the date of issue of the 2020 Note with respect to the
application and investment of 2020 Note proceeds, subject to Section 5.16 hereof.
ARTICLE IX
MISCELLANEOUS
Section 9.01. Defeasance. When all principal, interest and any prior redemption
premiums due in connection with the 2020 Note have been duly paid, the pledge and lien and all
obligations hereunder shall thereby be discharged and the 2020 Note shall no longer be deemed to
be Outstanding within the meaning of this Instrument. There shall be deemed to be such due
payment when the City has placed in escrow or in trust with a commercial bank located within or
without the State and exercising trust powers an amount sufficient (including the known minimum
yield from Federal Securities in which such amount, wholly or in part, may be initially invested)
to meet all requirements of principal, interest and any prior redemption premium due as the same
become due to the Maturity Date of the 2020 Note or upon any prior redemption date as of which
the City shall have exercised or shall have obligated itself to exercise its prior redemption option
by a call of 2020 Note for payment then. The Federal Securities shall become due prior to the
respective times on which the proceeds thereof shall be needed in accordance with a schedule
established and agreed upon between the City and such bank at the time of the creation of the
escrow or trust, or the Federal Securities shall be subject to redemption at the option of the holders
thereof to assure such availability as so needed to meet such schedule.
Section 9.02. Delegated Powers. The Loan Delegate and any other officers of the City
be, and they hereby are, authorized and directed to take all action necessary or appropriate to
effectuate the provisions of this Instrument including, without limitation, the execution of the 2020
Note, the tenure and identity of the officials of the Council and of the City, the delivery of the 2020
Note , the receipt of the bond purchase price and, if it be in accordance with fact, the absence of
litigation, pending or threatened, affecting the validity thereof.
Section 9.03. Statute of Limitations. No action or suit based upon any 2020 Note or
other obligation of the City shall be commenced after it is barred by any statute of limitations
appertaining thereto. Any trust or fiduciary relationship between the City and the Holder of the
2020 Note or other obligee regarding any such obligation shall be conclusively presumed to have
been repudiated on the maturity date or other due date thereof unless the 2020 Note is presented
for payment or demand for payment of any such obligation is otherwise made before the expiration
of the applicable limitation period. Any moneys from whatever source derived remaining in any
fund or account reserved, pledged or otherwise held for the payment of any such obligation, action
or suit for the collection of which is barred shall revert to the Sewer Income Fund unless the
Council shall otherwise provide by Instrument of the City. Nothing herein contained shall be so
construed as to prevent the payment of any such obligation after any action or suit for its collection
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has been barred if the Council deems it in the best interests of the public so to do and orders such
payment to be made.
Section 9.04. Warranty Upon Issuance of 2020 Note. The 2020 Note authorized as
herein provided, when duly executed and delivered for the purpose provided for in this Instrument,
shall constitute a warranty by and on behalf of the City for the benefit of each and every future
Holder of the 2020 Note that the 2020 Note has been issued for a valuable consideration in full
conformity with law.
ARTICLE X
PRIVILEGES, RIGHTS AND REMEDIES
Section 10.01. Bondholder’s Remedies. Each Holder of the 2020 Note issued hereunder
shall be entitled to all of the privileges, rights and remedies permitted at law or in equity or by
statute, except no real or personal property appertaining to the Facilities or otherwise has been
conveyed to secure the payment of the 2020 Note by deed of trust or mortgage to a trustee for the
benefit and the security of the Holder from time to time of the 2020 Note, or by any other
encumbrance or other pledge of property, subject to the provisions herein concerning the pledge
of and the covenants and the other contractual provisions concerning the Net Income of the
Facilities.
Section 10.02. Right To Enforce Payment. Nothing in this article contained shall affect
or impair the right of any Holder of 2020 Note issued hereunder to enforce the payment of the
principal of and the interest on 2020 Note or the obligation of the City to pay the principal of and
the interest on 2020 Note issued hereunder to the Holder thereof at the time and the place expressed
in 2020 Note.
Section 10.03. Events of Default. Each of the following events is hereby declared an
“event of default,” that is to say:
(a) Nonpayment of Principal and Premium. Payment of the principal of 2020
Note or any prior redemption premium due in connection therewith or both shall not be
made when the same shall become due and payable either at maturity or by proceedings for
prior redemption or otherwise.
(b) Nonpayment of Interest. Payment of any installment of interest on 2020
Note shall not be made when the same becomes due and payable or within 30 days
thereafter.
(c) Incapable to Perform. The City shall for any reason be rendered incapable
of fulfilling its obligations hereunder.
(d) Nonperformance of Duties. The City shall have failed to carry out and to
perform (or in good faith to begin the performance of) all acts and things lawfully required
to be carried out or to be performed by it under any contract relating to Gross Income or to
the Facilities or otherwise and such failure shall continue for 60 days after receipt of notice
from the Holder of the 2020 Note.
Item 3C - Refunding of the 2010 Water and Sewer Revenue Bonds Page 46
(e) Failure To Reconstruct. The City shall discontinue or shall unreasonably
delay or shall fail to carry out with reasonable dispatch the reconstruction of any part of the
Facilities which shall be destroyed or damaged and shall not be promptly repaired or
replaced unless such failure to repair is due to obsolescence.
(f) Appointment of Receiver. An order or decree shall be entered by a court of
competent jurisdiction with the consent or acquiescence of the City appointing a receiver or
receivers for the Facilities or for the Net Income of the Facilities or both or if an order or
decree having been entered without the consent or acquiescence of the City shall not be
vacated or discharged or stayed on appeal within 60 days after entry.
(g) Default of Any Provision. The City shall make default in the due and
punctual performance of any other of the covenants, conditions, agreements and provisions
contained in 2020 Note or in this Instrument on its part to be performed, and such default
shall continue for 60 days after written notice specifying such default and requiring the same
to be remedied shall have been given to the City by the Holder of the 2020 Note.
Section 10.04. Remedies for Defaults. Upon the happening and continuance of any of
the events of default as provided in Section 10.03 hereof, then and in every case the Holder of the
2020 Note, including, but not limited to, a trustee or trustees therefor, may proceed against the
City and its agents, officers and employees to protect and to enforce the rights of the Holder of the
2020 Note under this Instrument by mandamus or by other suit, action or special proceedings in
equity or at appointment of a receiver or for the specific performance of any covenant or agreement
contained herein or in an award of execution of any power herein granted for the enforcement of
any proper legal or equitable remedy as Holder may deem most effectual to protect and to enforce
the rights aforesaid, or thereby to enjoin any act or thing which may be unlawful or in violation of
any right of the Holder of the 2020 Note, or to require the City to act as if it were the trustees of
an express trust or any combination of such remedies. All such proceedings at law or in equity
shall be instituted, had and maintained for the equal benefit of the Holder of the 2020 Note.
Section 10.05. Receiver’s Rights and Privileges. Any receiver appointed in any
proceedings to protect the rights of such holders hereunder, the consent to any such appointment
being hereby expressly granted by the City, may enter and may take possession of the Facilities,
operate and maintain the same, prescribe rates and charges and collect, receive and apply all Net
Income arising after the appointment of such receiver in the same manner as the City itself might
do.
Section 10.06. Rights and Privileges Cumulative. The failure of the Holder of the 2020
Note to proceed in any manner herein provided shall not relieve the City, its Council or any of its
officers, agents or employees of any liability for failure to perform or carry out any duty, obligation
or other commitment. Each right or privilege of any such Holder (or trustee thereof) is in addition
and is cumulative to any other right or privilege, and the exercise of any right or privilege by or
on behalf of the Holder shall not be deemed a waiver of any other right or privilege thereof.
Section 10.07. Duties Upon Defaults. Upon the happening of any of the events of default
as provided in Section 10.03 hereof, the City, in addition, will do and perform all proper acts on
behalf of and for the Holder of the 2020 Note to protect and to preserve the security created for
Item 3C - Refunding of the 2010 Water and Sewer Revenue Bonds Page 47
the payment of the 2020 Note and to insure the payment of the principal of and the interest on the
2020 Note promptly as the same become due. During any period of default, so long as any of the
2020 Note herein authorized either as to principal or as to interest is outstanding, all Net Income
shall be paid into the Bond Fund or, in the event of bonds issued and Outstanding during said
period of time on a parity with the 2020 Note herein authorized, shall be paid into bond funds for
all Parity Bonds on an equitable and prorated basis and used for the purposes therein provided. In
the event that the City fails or refuses to proceed as in this Section provided, the Holder of the
2020 Note, after demand in writing, may proceed to protect and to enforce the rights of the Holder
of the 2020 Note as hereinabove provided; and, to that end, the Holder of the 2020 Note shall be
subrogated to all rights of the City under any agreement, lease or other contract involving the
Facilities entered into prior to the effective date of this Instrument or thereafter while the 2020
Note herein authorized is Outstanding.
Section 10.08. Duties in Bankruptcy Proceedings. In the event that any user of the
Facilities proceeds under any laws of the United States relating to bankruptcy, including any action
under any law providing for corporate reorganization, it shall be the duty of the City, and its
appropriate officers are hereby authorized and directed, to take all necessary steps for the benefit
of the Holder of the 2020 Note in said proceedings, including the filing of any claims for unpaid
fees, rates and other charges or otherwise arising from the breach of any of the covenants, terms
or conditions of any contract involving the Facilities.
ARTICLE XI
AMENDMENT OF INSTRUMENT
Section 11.01. Limitations Upon Amendments. This Instrument may be amended or
supplemented by instruments adopted by the Council in accordance with the laws of the State,
without receipt by the City of any additional consideration, but with the written consent of the
Holder of the 2020 Note at the time of the adoption of such amendatory or supplemental
instrument.
Notwithstanding the foregoing, so long as the 2020 Note or any other Parity Bonds remain
outstanding, this Instrument may be amended or supplemented by instruments adopted by the
Council in accordance with the constitution and laws of the State without receipt by the City of
any additional consideration and without receipt by the City of any additional consideration and
without notice to and consent from the Holder of the 2020 Note, for the purposes of (i) curing any
ambiguity or defective or inconsistent provision contained in this Instrument as the City may deem
necessary and desirable and not inconsistent with the provisions of this Instrument and which shall
not materially adversely affect the interests of the owners of the 2020 Note or any other Parity
Bonds or (ii) subjecting additional properties to the lien of this Instrument.
The foregoing paragraphs are subject to the condition, however, that no such instrument
shall have the effect of permitting:
(a) Changing Payment. A change in the maturity or in the terms of redemption
of the principal of the 2020 Note or any installment of interest thereon; or
Item 3C - Refunding of the 2010 Water and Sewer Revenue Bonds Page 48
(b) Reducing Return. A reduction in the principal amount of the 2020 Note, the
Interest Rate or any prior redemption premium payable in connection, therewith without the
consent of the Holder of the 2020 Note; or
(c) Prior Lien. The creation of a lien upon or a pledge of revenues ranking prior
to the lien or to the pledge created by this Instrument; or
(d) Modifying the Note. A reduction of the principal amount, percentages or
otherwise affecting the description of the 2020 Note the consent of the Holder of which is
required for any such modification or amendment.
Section 11.02. Binding Consent to Amendment. If the Holder of the 2020 Note, as in
this article defined, at the time of the adoption of such amendatory instrument, or if the
predecessors in title of such Holder, shall have consented to and approved the adoption thereof as
herein provided, no Holder shall have any right or interest to object to the adoption of such
amendatory instrument or to object to any of the terms or provisions therein contained or to the
operation thereof or to enjoin or restrain the City from taking any action pursuant to the provisions
thereof.
Section 11.03. Findings and Determinations. Having been fully informed of and having
considered all the pertinent facts and circumstances, the Council does hereby find, determine, and
declare:
(a) the issuance of the 2020 Note and all procedures undertaken incident thereto
are in full compliance and conformity with all applicable requirements, provisions and
limitations prescribed by the Charter and the Constitution and laws of the State, including
the Enabling Law, and all conditions and limitations of the Charter, and other applicable
law relating to the issuance of the 2020 Note has been satisfied;
(b) it is to the best advantage of the City and its residents that the 2020 Note be
authorized, sold, issued and delivered pursuant to a private placement to be held and
conducted in accordance with the Enabling Law and the provisions hereof at the time, in the
manner and for the purposes provided in the Instrument; and
(c) in accordance with Section 11-57-204, C.R.S., the City hereby elects to apply
all of the provisions of the Supplemental Public Securities Act to the issuance of the 2020
Note.
Section 11.04. Approval of Miscellaneous Documents. The Council hereby authorizes
and approves the execution of the Tax Certificate and the Paying Agent Agreement. The Mayor
or the Mayor Pro-Tem, the Chief Financial Officer, the City Manager and the City Clerk are hereby
independently authorized and directed for and on behalf of the City to execute all documents and
certificates necessary or desirable to effectuate the issuance of the 2020 Note and the transaction
contemplated hereby.
Section 11.05. Ratification. All action heretofore taken (not inconsistent with the
provisions of this Instrument or the Enabling Law) by the Council, the officers of the City, the
Item 3C - Refunding of the 2010 Water and Sewer Revenue Bonds Page 49
Municipal Advisor and otherwise by the City directed toward the sale and delivery of the 2020
Note for that purpose, shall be, and the same hereby is, ratified, approved and confirmed.
Section 11.06. Instrument Irrepealable. After the 2020 Note is issued, this Instrument
shall constitute an irrevocable contract between the Holder and the City, and shall be and shall
remain irrepealable until the 2020 Note and the interest thereon shall be fully paid, canceled and
discharged, as herein provided.
Section 11.07. Severability. If any section, subsection, paragraph, clause or other
provision of this Instrument shall for any reason be held to be invalid or unenforceable, the
invalidity or unenforceability of such section, subsection, paragraph, clause or other provision shall
not affect any of the remaining provisions of this Instrument.
Section 11.08. Repealer. All bylaws, orders, and other instruments, or parts thereof,
inconsistent herewith are hereby repealed to the extent only of such inconsistency. This repealer
shall not be construed to revive any bylaw, order, or other instrument, or part thereof, heretofore
repealed.
Section 11.09. Recordation and Publication. This Instrument, immediately on its final
passage, shall be recorded in the City’s Ordinance Record kept for that purpose, authenticated by
the Mayor or the Mayor Pro-Tem and the Clerk, and shall be published by title only in The Daily
Camera, a daily newspaper printed, published and of general circulation in the City, in accordance
with the provisions of the Charter of the City.
Section 11.10. Emergency Declaration; Effective Date. Due to the benefit to the City
from the refunding of the 2010 Bonds on the first available redemption date to effect the maximum
savings, and due to the need to finally act upon and accept the bid of the highest responsible bidder
as Lender (in accordance with the Charter) it is hereby declared that, in the opinion of the Council,
an emergency exists, and therefore this Instrument shall be in full force and effect upon its passage.
Item 3C - Refunding of the 2010 Water and Sewer Revenue Bonds Page 50
INTRODUCED, READ AND ADOPTED AS AN EMERGENCY ORDINANCE BY A
TWO-THIRDS VOTE OF THE COUNCIL MEMBERS PRESENT AND ORDERED
PUBLISHED BY TITLE THIS 21st DAY OF JULY 2020.
[CITY SEAL] By
Mayor
Attest:
By
Clerk
Item 3C - Refunding of the 2010 Water and Sewer Revenue Bonds Page 51
APPENDIX A
FORM OF THE 2020 NOTE
UNITED STATES OF AMERICA
CITY OF BOULDER, COLORADO
(ACTING THROUGH ITS WATER UTILITY ENTERPRISE
AND ITS WASTEWATER UTILITY ENTERPRISE)
WATER AND SEWER REVENUE REFUNDING NOTE
SERIES 2020
INTEREST RATE: MATURITY DATE: DATED DATE:
[______]% [December 1, _____] [________ __, 2020]
REGISTERED HOLDER: [__________________________________]
PRINCIPAL SUM: DOLLARS
CITY OF BOULDER, COLORADO, in the State of Colorado, a duly organized and
validly existing municipality and political subdivision of the State of Colorado (the “City”), for
value received, hereby promises to pay to the order of the registered Holder named above or
registered assigns, on or before the Maturity Date specified above, solely out of the special
accounts hereinafter designated but not otherwise, the principal amount specified above. In like
manner the City promises to pay interest on the unpaid principal amount (computed on the basis
of a 360-day year of twelve 30-day months) from the Interest Payment Date next preceding the
date of registration and authentication of this 2020 Note, except that interest paid on the first
Interest Payment Date shall be computed from the Dated Date set forth above, at the Interest Rate
per annum specified above, payable semiannually on June 1 and December 1 each year,
commencing on June 1, 2021, until the outstanding principal amount is paid. Capitalized terms
used but not defined in this 2020 Note shall have the meaning assigned to them in Ordinance No.
[___] of the City, finally adopted on July 21, 2020, authorizing the issuance of this 2020 Note (the
“Note Ordinance”).
Interest and principal payments shall be paid by check or draft of U.S. Bank National
Association, Denver, Colorado (as the “Paying Agent”) mailed on or before each Interest Payment
Date and Principal Payment Date to the registered holder hereof whose name shall appear on the
Item 3C - Refunding of the 2010 Water and Sewer Revenue Bonds Page 52
registration book maintained by the Paying Agent (the “Holder”). The Paying Agent may make
payments of interest and principal by alternative means, such as by wire transfer, as may be
mutually agreed to between the Holder and the Paying Agent.
Within thirty days following the date of the final payment of the 2020 Note, in full, the
Holder of the 2020 Note shall present the 2020 Note to the Paying Agent, at the office of the Paying
Agent at 950 17th Street, 12th Floor, Denver, CO 80202, or at such other address as provided in
writing by the Paying Agent to the Holder, as required by the Note Ordinance. THE NOTE
ORDINANCE CONSTITUTES THE CONTRACT BETWEEN THE REGISTERED OWNER
OF THIS 2020 NOTE AND THE CITY. THIS 2020 NOTE IS ONLY EVIDENCE OF SUCH
CONTRACT AND, AS SUCH, IS SUBJECT IN ALL RESPECTS TO THE TERMS OF THE
NOTE ORDINANCE, WHICH SUPERSEDES ANY INCONSISTENT STATEMENT IN THIS
2020 NOTE.
The principal amount of this 2020 Note is subject to mandatory sinking fund redemption
on each Principal Payment Date, as provided below:
[Insert annual redemption amounts.]
[This 2020 Note is subject to redemption prior to maturity, at the option of the City, in
whole but not in part, on December 1, [______] and on any date thereafter, at a redemption price
equal to the outstanding principal amount thereof (with no redemption premium), plus accrued
interest to the redemption date.]
If the date for making any payment or performing any action shall be a legal holiday or a
day on which the principal operations office of the Paying Agent is authorized or required by law
to remain closed, such payment may be made or act performed on the next succeeding day which
is not a legal holiday or a day on which the principal operations office of the Paying Agent is
authorized or required by law to remain closed.
The Paying Agent shall maintain registration books in which the ownership, transfer and
exchange of the 2020 Note shall be recorded. The person in whose name this 2020 Note shall be
registered on such registration books shall be deemed to be the absolute Holder hereof for all
purposes, whether or not payment on this 2020 Note shall be overdue, and neither the City nor the
Paying Agent shall be affected by any notice or other information to the contrary. This 2020 Note
may be transferred to a single holder or exchanged, at the office of the Paying Agent as provided
in the Note Ordinance.
The 2020 Note is issued pursuant to, under the authority of, and in full conformity with,
the Enabling Law, including, in particular, the Charter, the Note Ordinance, Part 1 of Article 56 of
Title 11 and Part 2 of Article 57 of Title 11, Colorado Revised Statutes, as amended. The 2020
Note does not constitute a debt or an indebtedness of the City within the meaning of any
constitutional, charter or statutory provision or limitation, shall not be considered or held to be
general obligations of the City, and is payable and collectible solely out of the net income derived
from the operation and use of the City’s municipal water system (the “Water System”) and the net
income derived from the operation of the City’s municipal sewer system (the “Sewer System”)
(herein collectively designated as the “Facilities,” and the net income derived therefrom as the
Item 3C - Refunding of the 2010 Water and Sewer Revenue Bonds Page 53
“Net Income”), which Net Income is so pledged; and the Holder hereof may not look to any general
or other fund for the payment of the principal of and the interest on this 2020 Note except the
special funds pledged therefor. Payment of the 2020 Note and the interest thereon shall be made
solely from and as security for such payment there are irrevocably and exclusively pledged,
pursuant to the Note Ordinance, two special accounts identified as the “City of Boulder, Colorado,
Water and Sewer Revenue Refunding Note, Series 2020 Interest and Note Retirement Fund” (the
“Note Fund”) and as the “City of Boulder, Colorado, Water and Sewer Revenue Refunding Note,
Series 2020 Reserve Fund” (the “Reserve Fund”). The City covenants to pay into the Note Fund
from the Net Income remaining from the Water System and Sewer System, after provision only
for all necessary and reasonable expenses of the operation and maintenance of the Water System
and Sewer System, sums sufficient to pay when due the principal of and the interest on the 2020
Note.
The 2020 Note is equitably and ratably secured by a lien on the Net Income of the Facilities,
and the 2020 Note constitutes an irrevocable and first lien (but not necessarily an exclusive first
lien) upon said Net Income on a parity with the lien thereon of the Outstanding Parity Bonds (as
defined in the Note Ordinance). Subject to expressed conditions in the Note Ordinance, additional
bonds and other obligations, may be issued and made payable from the Net Income of the Facilities
on a subordinate and junior basis to the 2020 Note. Subject to additional expressed conditions in
the Note Ordinance, additional bonds and other obligations may be issued and made payable from
the Net Income of the Facilities on a parity with the 2020 Note.
The City covenants and agrees with the Holder of this 2020 Note and with each and every
person who may become the Holder hereof that it will keep and will perform all of the covenants
of the Note Ordinance, including without limitation its covenant against the sale or mortgage of
the Facilities unless provision shall be made for the payment of the principal of and the interest on
the 2020 Note, and its covenant that it will fix, maintain and collect charges for services rendered
and use of the Facilities sufficient to produce Gross Income or earnings annually to pay the annual
operation and maintenance expenses and 125% of both the principal of and the interest on the
bonds (including, without limitation, the 2020 Note) and any other obligations payable annually
from the Net Income of the Facilities (excluding the reserves therefor).
Reference is made to the Note Ordinance and any and all modifications and amendments
thereof, and to the Charter of the City, as from time to time amended, for an additional description
of the nature and extent of the security for the 2020 Note, the accounts, funds or income pledged,
the nature and extent and manner of enforcement of the pledge, the rights and remedies of the
Holders of the 2020 Note with respect thereto, the terms and conditions upon which the 2020 Note
is issued, and a statement of rights, duties, immunities and obligations of the City, and other rights
and remedies of the Holder of the 2020 Note.
To the extent and in the respects permitted by the Note Ordinance, the provisions of the
Note Ordinance or any instrument amendatory thereof or supplemental thereto may be modified
or amended by action of the City taken in the manner and subject to the conditions and exceptions
prescribed in the Note Ordinance. The pledge of Net Income and other obligations of the City
under the Note Ordinance may be discharged, at or prior to the respective maturities or redemption
of the 2020 Note, upon the making of provision for the payment thereof on the terms and conditions
set forth in the Note Ordinance.
Item 3C - Refunding of the 2010 Water and Sewer Revenue Bonds Page 54
It is hereby certified that all conditions, acts and things required by the constitution and
laws of the State of Colorado, and the Charter and ordinances of the City, to exist, to happen and
to be performed, precedent to and in the issuance of this 2020 Note, exist, have happened and have
been performed, and that the City of Boulder, Colorado (Acting through its Water Utility
Enterprise and its Wastewater Utility Enterprise), Water and Sewer Revenue Refunding Note,
Series 2020, do not exceed any limitations prescribed by said constitution or laws of the State of
Colorado, or the Charter or ordinances of the City.
The 2020 Note is issued pursuant to the Supplemental Public Securities Act, constituting
Part 2, Article 57, Title 11 of Colorado Revised States, as amended. This recital shall conclusively
impart full compliance with all of the provisions of the Note Ordinance and shall be conclusive
evidence of the validity and regularity of the issuance of the 2020 Note after its delivery for value
and that the 2020 Note issued hereunder is incontestable for any cause whatsoever after its delivery
for value.
This 2020 Note shall not be entitled to any benefit under the Note Ordinance, or become
valid or obligatory for any purpose, until the Paying Agent shall have signed the certificate of
authentication hereon.
Item 3C - Refunding of the 2010 Water and Sewer Revenue Bonds Page 55
IN WITNESS WHEREOF, City of Boulder, Colorado, has caused this Note to be signed
in the name and on behalf of the City with the manual or facsimile signature of the Mayor, to be
sealed with the seal of the City or a facsimile thereof and to be attested by the manual or facsimile
signature of the City Clerk.
[MANUAL OR FACSIMILE SEAL] CITY OF BOULDER, COLORADO
By (Manual or Facsimile Signature)
Mayor
ATTEST:
By (Manual or Facsimile Signature)
City Clerk
CERTIFICATE OF AUTHENTICATION
This is the 2020 Note described in the within-mentioned Note Ordinance.
Date of Authentication:
U.S. BANK NATIONAL ASSOCIATION, as Paying Agent
By Authorized Representative
CERTIFICATE OF TRANSFER
FOR VALUE RECEIVED, __________________________________, the undersigned,
hereby sells, assigns and transfers unto __________________________________ (Tax
Identification or Social Security No. ______________) the within 2020 Note and all rights
thereunder, and hereby irrevocably constitutes and appoints
_________________________________ attorney to transfer the within Note on the books kept
for registration thereof, with full power of substitution in the premises.
Dated:
Item 3C - Refunding of the 2010 Water and Sewer Revenue Bonds Page 56
NOTICE: The signature to this assignment must
correspond with the name as it appears upon the
face of the within 2020 Note in every particular,
without alteration or enlargement or any change
whatever.
TRANSFER FEE MAY BE REQUIRED
Item 3C - Refunding of the 2010 Water and Sewer Revenue Bonds Page 57
** PRELIMINARY, For Discussion Purposes Only **
City of Boulder, Colorado
Water and Sewer Refunding Loan
Series 2020
Series 2020
Sources of Funds
Loan Amount $5,115,000
Contribution of 12/1/2020 Payment $575,544
Series 2010 DSRF $670,139
Total Sources of Funds $6,360,682
Uses of Funds
Escrow Deposit $6,258,537
Cost of Issuance and Rounding $102,145
Total Use of Funds $6,360,682
Finance Statistics
Total Debt Service $5,691,356
Maximum Annual Debt Service $571,350
NPV Saving %4.15%
Annual Savings
Year
Ending Series 2020
2020
2021 105,476
2022 103,108
2023 101,928
2024 105,488
2025 103,693
2026 101,583
2027 104,213
2028 100,898
2029 101,638
2030 101,298
$1,029,319
Uniform Savings
Uniform Savings
7/14/2020Item 3C - Refunding of the 2010 Water and Sewer Revenue Bonds Page 58
Jul 14, 2020 7:14 pm (City of Boulder, Colorado:6_26_20-SER_2020,SER_2020) Page 1
DEBT SERVICE
City of Boulder, Colorado
Water and Sewer Revenue Refunding Notes, Series 2020
(Bank Loan)
**Preliminary - For Discussion Only**
Period
Ending Principal Coupon Interest Debt Service
12/01/2021 445,000 1.900%121,211.29 566,211.29
12/01/2022 480,000 1.900%88,730.00 568,730.00
12/01/2023 490,000 1.900%79,610.00 569,610.00
12/01/2024 495,000 1.900%70,300.00 565,300.00
12/01/2025 510,000 1.900%60,895.00 570,895.00
12/01/2026 520,000 1.900%51,205.00 571,205.00
12/01/2027 525,000 1.900%41,325.00 566,325.00
12/01/2028 540,000 1.900%31,350.00 571,350.00
12/01/2029 550,000 1.900%21,090.00 571,090.00
12/01/2030 560,000 1.900%10,640.00 570,640.00
5,115,000 576,356.29 5,691,356.29
Item 3C - Refunding of the 2010 Water and Sewer Revenue Bonds Page 59
CITY OF BOULDER
CITY COUNCIL AGENDA ITEM
MEETING DATE: July 21, 2020
AGENDA TITLE: Call-Up : Site Review (case no. LUR2018-00073) to
redevelop the properties at 1727 and 1737 Pearl Street with a 28,222 square foot three-
story mixed-use building containing 9,439 square feet of commercial space on the first
floor and 14 residential units on the second and third floors. Development includes one
level of underground parking with 14 vehicular parking spaces.
Applicant: Adam Wertz
Property Owners: 1737 Pearl LLC and 1727 Pearl Boulder LLC
PRESENTER/S
Jane S. Brautigam, City Manager
Mary Ann Weideman, Interim Director of Planning & Development Services
Charles Ferro, Development Review Manager
Sloane Walbert, Case Manager
EXECUTIVE SUMMARY
The purpose of this memo is for council to consider whether to call up the Site Review
application for a 28,222 square foot mixed-use building at 1727 and 1737 Pearl Street.
The building would be three stories and 38 feet in height, with below grade parking
accessed from the alley via an auto elevator. The proposed project includes 9,439 square
feet of ground floor retail/restaurant space; ten residential units on the approximately
9,888 square foot second story; and four residential units on the approximately 8,680
square foot third story.
On Jun. 25, 2020, the Planning Board approved with conditions, the above-referenced
application by a majority vote (5-2, S. Silver, J. Gerstle opposed) as provided in the
attached Notice of Disposition (Attachment B), finding the project consistent with the
Site Review Criteria of Section 9-2-14(h), B.R.C. 1981.
Item 4A - Call Up Consideration; 1727 and 1737 Pearl Street Site Review Page 1
The staff memorandum to Planning Board, meeting audio, and the applicant’s submittal
materials along with other related background materials are available on the Records
Archive for Planning Board. Minutes can be found in Attachment C.
The Planning Board decision is subject to City Council call-up within 30 days. There is a
City Council meeting within this time-period for call-up consideration on Jul. 21, 2020.
COMMUNITY SUSTAINABILITY ASSESSMENTS AND IMPACTS
Economic – The additional residential units and commercial space add to the tax
base of the community.
Environmental – The proposed project is consistent with the following Boulder
Valley Comprehensive Plan (BVCP) policies that adhere to principles of
environmental sustainability:
- 2.03 Compact Development Pattern
- 2.16 Mixed Use & Higher Density Development
- 2.20 Role of the Central Area
- 2.41 Enhanced Design for All Projects
Social – The proposed project adds to the housing base of the city and provides a
mix of housing sizes and types that are consistent with the following BVCP
policies related to housing:
- 1.10 Jobs: Housing Balance
- 2.36 Physical Design for People
- 7.06 Mixture of Housing Types
- 7.09 Housing for a Full Range of Households
OTHER IMPACTS
Fiscal – no fiscal impacts are anticipated
Staff time – the Site Review application was completed under standard staff
review time.
BOARD AND COMMISSION FEEDBACK
Planning Board
On Jun. 25, 2020, the Planning Board approved the Site Review application with the
following motion:
On a motion by D. Ensign, seconded by H. Zuckerman, the Planning Board
voted 5-2 (S. Silver, J. Gerstle opposed) to approve Site Review case no.
LUR2018-00073 incorporating the staff memorandum and the attached Site
Review Criteria Checklist as findings of fact, and subject to the conditions of
approval recommended in the staff memorandum.
Item 4A - Call Up Consideration; 1727 and 1737 Pearl Street Site Review Page 2
The Board heard public testimony and discussed the key issues identified by staff. The
majority of the board agreed that the project meets the relevant goals and policies of the
comprehensive plan, the applicable Site Review criteria, and the applicable Downtown
Urban Design Guidelines. A few members voiced support for the proposed site plan, with
commercial uses along Pearl Street, courtyard access from Pearl Street, and services on
the alley. Generally, the board supported the proposed mass and scale of the building and
the interface with residential uses to the north. There was general support for the
proposed third story, considering the by-right height limit of 38 feet. However, there was
discussion about the setbacks and configuration of the third story. Some board members
felt that the third story should be pushed back further from the alley to reduce impacts
and shading on the residential properties to the north. Two members also questioned
whether the mass and scale of the building would set a precedent for future properties to
redevelop on the block, particularly the adjacent properties to the east and west.
Refer to Attachment C for the draft meeting minutes from the hearing. The disposition
of approval can be found in Attachment B.
Design Advisory Board. The property is subject to the Downtown Urban Design
Guidelines and requires review by the Design Advisory Board (DAB). DAB reviews and
applies the guidelines on all projects with a construction value over $25,000 in the Non-
Historic and Interface Areas. The board reviewed the proposal against the Site Review
Criteria and the applicable design guidelines at meetings on Mar. 6, 2019 and
Sep. 11, 2019. The project review occurred twice due to the change in scope to include an
additional parcel and increased building square footage. The agenda packet, meeting
minutes, meeting audio, and other related materials are available in the city records
archive for DAB at the links above. Refer to Attachment F for staff’s analysis of the
current design against the DAB comments.
PUBLIC FEEDBACK
Required public notice was given in the form of written notification mailed to all property
owners within 600 feet of the subject site and a sign posted on the property for at least 10
days. Written public notice was sent on Dec. 4, 2018 and Jul. 10, 2019. Thus, all notice
requirements of Section 9-4-3, B.R.C. 1981 have been met. The applicant held two
neighborhood meetings to introduce the proposal to interested persons in the surrounding
neighborhood and to solicit input. The meetings were held on Jan. 28, 2019 and
Oct. 28, 2019 at the Main Boulder Public Library. Public comments received regarding
the project can be found in Attachment D of the Planning Board memorandum. Refer to
Attachment C for a summary of public comment made at the Planning Board hearing.
PROCESS
The applicant elected to undergo a Site Review. The purpose of Site Review is to allow
flexibility and encourage innovation in land use development. Per Table 2-2 of the land
use code a Concept Plan and Site Review are required in the DT-2 zone district for
projects of one acre or 50,000 square feet of floor area. The proposal meets the thresholds
for voluntary site review. The applicant has not requested any modifications to the city’s
land use code that would require a mandatory Planning Board hearing. However, given
Item 4A - Call Up Consideration; 1727 and 1737 Pearl Street Site Review Page 3
the level of public interest, staff referred the site review request to Planning Board for a
public hearing and decision.
BACKGROUND
Refer to Attachment A for background information and project description.
ANALYSIS
Staff finds that the project meets all applicable Site Review criteria in Section 9-2-14(h),
B.R.C. 1981 and that the proposal is consistent with the applicable Downtown Urban
Design Guidelines. The proposed modifications to the land use code meet all applicable
Site Review criteria. The project is compatible, contextual, and in character with that of
the interface area of east end of downtown along Pearl Street. The proposal meets the
intent of the Regional Business land use designation with a mix of uses and a design that
will activate the street. The open spaces are appropriate considering the urban context and
proximity to the pedestrian mall. The private balconies and decks and public courtyard
are accessible, functional and meet the anticipated residents, occupants, tenants and
visitors of the property.
The proposed project is an urban configuration of the building adjacent to the pedestrian
walkway, which enhances the pedestrian experience. Ground floor storefront windows,
building entries, and detailing helps to establish continuity in the established human scale
along Pearl Street. The below grade parking garage and auto elevator makes efficient use
of the land and ensures the safety, convenience, and separation of pedestrian and bicyclist
movements from vehicular movements.
The building’s height, mass and scale, and overall appearance is compatible with the
surrounding context. The intent of the DT-2 zoning is to encourage “development and
redevelopment consistent with the established historic and urban design character.” The
location of the site is within the established urban context. While the existing urban
design character is eclectic, there are buildings in the surrounding area that have
comparable characteristics. While the BVCP designates all of the downtown zoning
districts (DT districts) as “Regional Business” with a high level of intensity, the interface
area of East Pearl requires special design sensitivities when commercial or mixed use
buildings are located adjacent to residential areas. The urban orientation of the planned
three-story, 38-foot high building is compatible with the character of the area where two-
and three-story buildings occur to the east and west along Pearl Street in the DT-2
district. There are several buildings within a two-block radius of the subject site that are
three stories, both within the DT-2 zoning district as well as the adjacent MU-3 zoning
district. Refer to Figure 15 on the following page. Likewise, the height of the proposed
building is in general proportion to the height of existing buildings in the immediate area
and shading is consistent with the city’s solar regulations. Please refer to Attachment E
for staff’s complete review and analysis of the Site Review Criteria.
Staff finds that the proposal is consistent with the applicable Downtown Urban Design
Guidelines. As described above, the subject site is subject to the guidelines for the
Interface Area. The Interface Area is located on the northern, western, and eastern
Item 4A - Call Up Consideration; 1727 and 1737 Pearl Street Site Review Page 4
borders of Downtown and is composed of the blocks that link the core of the Downtown
to the surrounding residential neighborhoods. Generally, staff finds that the proposal
meets the design objectives by promoting a human-scale development that reinforces the
character of Downtown as a pedestrian place and with a building design that is reflective
of contemporary times yet stylistically appropriate with traditional references.
MATRIX OF OPTIONS
Consistent with the land use code Section 9-4-4(c), B.R.C. 1981, if City Council
disagrees with the decision of the Planning Board, it may call up the application on or
before Jul. 27, 2020. Note, because the 30-day call-up period concludes on Saturday
Jul. 25, 2020 the period is extended to the following Monday, Jul. 27, 2020
(Section 1-1-10(b), B.R.C. 1981). There is a City Council meeting within this time-period
for call-up consideration on Jul. 21, 2020.
ATTACHMENTS
A. Background Information and Project Description
B. Planning Board Notice of Disposition dated Jun. 25, 2020
C. Planning Board Minutes of Jun. 25, 2020 Meeting
D. Site Review Plan Set
E. Site Review Criteria Analysis
F. Analysis of Response to DAB Comments
Item 4A - Call Up Consideration; 1727 and 1737 Pearl Street Site Review Page 5
The 0.32-acre project site is located north of and adjacent to Pearl Street, between 17th and 18th Streets. Refer to
Figure 1 below. The site is located approximately 2.5 blocks east of the Pearl Street Mall, on the eastern edge of the
Downtown area. Downtown is one of the city’s three regional activity centers identified within the Boulder Valley
Comprehensive Plan with the highest level of intensity within the city
The property is not within a historic district but is located within the Central Area General Improvement District (CAGID)
and Downtown Boulder Business Improvement District (BID). CAGID provides parking and related improvements and
maintenance in a 35-block area encompassing Downtown. The BID provides enhancements and services (economic
vitality, marketing and enhanced maintenance) in the roughly the same area as CAGID to supplement services provided
by the city.
Figure 1: Vicinity Map
The properties consist of Lots 10 and 11, Block 91 of the Boulder Original Town subdivision, originally platted in 1868.
The properties were annexed to the city in 1946. The property at 1727 Pearl St. contains a one- and two-story structure
originally constructed as two buildings pre-1940. The buildings contain retail (Little Buddha Import, Top Hat Supply) and
office uses. The property at 1737 Pearl St. contains a single-story structure built ca. 1966. The original use was office;
today the building contains retail (Red Letter Books) and restaurant uses.
I.BACKGR OUND
Subject Properties
Item 4A - Call Up Consideration; 1727 and 1737 Pearl Street Site Review Page 6
Attachment A - Background Information and Project Description
Figure 2: Existing Conditions
Figure 3: Existing Conditions
Figure 4: Map of Downtown Boulder
Site
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11772277 PPeeaarrll SStt
Item 4A - Call Up Consideration; 1727 and 1737 Pearl Street Site Review Page 7
Attachment A - Background Information and Project Description
Land Use Designation. As shown in Figure 5 below, the site is currently designated as Regional Business on the
land use map of the Boulder Valley Comprehensive Plan (BVCP). There is no maximum residential density under this
designation. The description from the BVCP is below.
Figure 5: BVCP Land Use
Zoning. The project site is located in the Downtown 2 (DT-2) zone district, which is defined as: “A transition area
between the downtown and the surrounding residential areas where a wide range of retail, office, residential, and public
uses are permitted. A balance of new development with the maintenance and renovation of existing buildings is
anticipated, and where development and redevelopment consistent with the established historic and urban design
character is encouraged" (Section 9-5-2(c)(3)(A), B.R.C. 1981). Refer to Figure 6 on the following page for the zoning
map.
Item 4A - Call Up Consideration; 1727 and 1737 Pearl Street Site Review Page 8
Attachment A - Background Information and Project Description
Figure 6: Zoning Districts
Area Plans. The site is within the Interface Area of Downtown Boulder and is subject to the Downtown Urban Design
Guidelines. The Interface Area is located on the northern, western, and eastern borders of Downtown. The Interface
Area includes a wide variety of residential buildings. The area is composed of the blocks that link the core of the
Downtown to the surrounding residential neighborhoods. This area requires special design sensitivities that must be
addressed when commercial buildings are located adjacent to residential areas. The urban design objectives for the
Non-Historic and Interface Areas, among others, are to reinforce the character of Downtown as a pedestrian place by
encouraging architectural solutions that are visually pleasing, reflective of contemporary times yet stylistically
appropriate to the context, and compatible in scale and character with their street.
Surrounding Neighborhood. The project site is
located in the eastern extension of the Pearl Street
mall commercial district, within downtown zoning. This
portion of Pearl Street contains a variety of retail,
restaurant, residential, and office uses characterized by
a compact urban character. The building immediately
to the east of the site is a one-story brick building that
contains a bicycle shop and restaurant (Full Cycle)
(Figure 7). The building immediately to the west is
three stories and 38 feet in height and contains retail
(Sherpani), apartments, restaurant (Laughing Goat
Coffeehouse), and office uses (Figure 8). The block
also contains a two-story structure at the corner of 17th
Street and Pearl Street. Across Pearl Street are two-
and three-story buildings with a mix of restaurant,
office, financial institutions, and residential uses.
Figure 7: Adjacent Use to the East
Item 4A - Call Up Consideration; 1727 and 1737 Pearl Street Site Review Page 9
Attachment A - Background Information and Project Description
To the east of the subject site along Pearl Street between 18th and 24th Streets is a corridor of MU-3 zoning commonly
known as the “East Pearl” district, which contains a variety of retail, restaurant, and office uses mixed with residential
uses. To the north and south of the East Pearl corridor are primarily residential uses, with the area to the south
containing primarily high and mixed- density residential uses.
Figure 8: Adjacent Uses to the West
The Whittier neighborhood is located to the north of the site within the Residential - Mixed 1 district, which is a historic
residential neighborhood. The area to the north of the site is characterized by primarily single-family homes, constructed
in the late 1800s and early 1900s. Two single family homes, two-stories in height, immediately abut the site across the
alley. Refer to Figure 9.
Figure 9: Adjacent Residential Uses to the North
Item 4A - Call Up Consideration; 1727 and 1737 Pearl Street Site Review Page 10
Attachment A - Background Information and Project Description
Land Use. The proposal is for a mixed-use development with ground floor commercial uses (9,439 square feet) and
residential units located on the second and third floors. The development is proposed to contain 8 one-bedroom units
(562 to 678 square feet in area) and 6 two-bedroom units (1,210 to 2,424 square feet in area). Ten units would be for
rental and the remaining four units for sale. The current proposal is for retail space on the ground floor, which is a
permitted use in the DT-2 zone district. However, other uses like restaurants, brewpubs, and taverns or financial
institutions could be added subject to the requirements of Sections 9-6-5(b)(1), 9-6-5(b)(4), and 9-6-7(a)(4), B.R.C.
1981.
Site Plan. The site design follows the
traditional building orientation
established by the area as a main
street type, with zero foot front yard
and side yard setbacks. The building is
oriented toward Pearl Street and is
designed to enhance the pedestrian
experience with storefront windows and
pedestrian scale building details. The
Pearl Street façade is broken up by a
paseo connecting to an interior
courtyard. The third story is setback to
reduce the perceived height and
outdoor deck space is proposed.
Through the Site Review process, the
applicant is requesting modifications to
the form and bulk standards of the land
use code to allow a 10-foot front yard
setback from the street for the third
story, where 15-feet is required, and a
0-foot side yard setback from an
interior lot line for the third story, where
12-feet is required. The building is
setback 15 feet from the alley. A
loading/delivery area, utility meters,
detention/water quality planters, and
trees are proposed along the alley. The
existing overhead power lines will be
placed underground.
Architecture and Building Design. The building is three stories and 38 feet in height, with below grade parking.
The building design is contemporary with neo-traditional elements. Storefront windows are proposed along Pearl Street.
Commercial spaces open onto Pearl Street. The storefronts have large display windows . Traditional elements like
wood column detailing and goose-neck light fixtures and signage make the project compatible with the Downtown Pearl
Street character. The fenestration and proportions on the second and third floors communicate the residential use but
II. Project Description
Figure 10: Site Plan
Item 4A - Call Up Consideration; 1727 and 1737 Pearl Street Site Review Page 11
Attachment A - Background Information and Project Description
with modern sill, jamb and lintel treatments reminiscent of the historic patterns of downtown Boulder. A two-story entry
element breaks up the main façade along Pearl Street, with a paseo that continues into and through the building to a
courtyard. The applicant has requested a modification to the building design standards for buildings in the DT-2 zone
district to allow 50% of the ground floor façade facing a public street to be transparent materials, where 60% is required.
The modification meets the intent of the design standards since the open paseo will activate the pedestrian experience.
Figure 11: View from Across Pearl St
The third story is set-back from the front facade to reduce the perceived height. The mass is setback 10 feet from Pearl
Street on the east and west edges and 15 feet in the center portion. The applicant has requested a modification to allow
the 10-foot front yard setback from the street for the third story, where 15-feet is required. The variation in setbacks in
this portion of the building adds visual interest and the reduction in setback does not significantly impact the perceived
height of the building. The structure will be built out of cast in place concrete. Stucco (three coat system), concrete
masonry units (CMU), wood look laminate cladding, and cement board siding are also used in select locations. The
concrete will present a stone-like quality or depth. The color palette is proposed to be dark blue at the base and white
above, with dark window mullions, railings and accent elements. The structure meets the intent of the design guidelines
for the Non-Historic & Interface Areas with a building that is reflective of the character of its own time with meaningful
juxtapositions and respecting the integrity, scale, and massing of historic buildings in the surrounding areas.
Open Space Areas. The proposal includes the provision of an interior courtyard with access from a paseo to Pearl
Street, private roof decks and balconies for the residential use, and landscaping in the alley. Each residential unit has
either a private balcony, some on the exterior of the building and some facing the interior courtyard, or a rooftop deck
facing Pearl Street. The courtyard is open to the sky and provides accessible open space off of Pearl Street as well as
access to light and air for the residences above. The courtyard contains an ornamental tree to anchor the center of the
court and provide shade and an enhanced “feature wall”. The proposed courtyard will be a flexible space with movable
seating that will allow for small gatherings, etc. that will be enjoyed by the residents, occupants, and visitors. Outdoor
seating for a restaurant use could spill into the interior courtyard or onto Pearl Street, with a revocable permit from the
city. The alley will be landscaped with two trees and a number of shrubs that will be located in the water
quality/detention planters. All open spaces will receive a mixture of sun and shade based on the building orientation.
Item 4A - Call Up Consideration; 1727 and 1737 Pearl Street Site Review Page 12
Attachment A - Background Information and Project Description
Figure 12: Perspective of the Courtyard
Density/Intensity. The intensity of development in the DT-2 zone district is controlled by a minimum open space
and a maximum floor area ratio. The proposal is for 28,222 square feet of floor area, which amounts to a 2.0:1 floor
area ratio (FAR). Pursuant to Section 9-9-11(c) of the land use code any building over 35 feet but less than 45 feet in
height shall provide at least 15 percent of the total land area as useable open space. The minimum open space has
been exceeded with 2,611 square feet of usable open space (19 percent). In addition, 60 square feet of private open
space is required for each residential unit, which is being provided as balconies and rooftop decks (Table 8-1, B.R.C.
1981).
Access and Parking. As described above, the plan includes one point of ingress/egress to parking off the alley.
Public access is provided on Pearl Street. Residents and their guests, and employees of the development can access
the building via the alley. One vehicular parking space is required for each attached dwelling unit, for a total of 14
required spaces. No parking is required for the nonresidential uses since the site is located within CAGID. The below
grade parking garage contains 13 standard size parking spaces, one compact space, and 4 tandem spaces. An auto
elevator is proposed to provide access to the parking garage, which reduces area necessary for a ramp and allows for
additional area for parking spaces. The 15th & Pearl Public Parking Garage is located about two blocks west of the site.
Metered parking is located along Pearl, 17th, and 18th streets. The Whittier Neighborhood Permit Parking Program
(NPP) is located to the north, where public parking is limited to three hours 8 a.m. to 8 p.m. Monday to Friday.
Figure 13: View of Alley at 18th Street
Item 4A - Call Up Consideration; 1727 and 1737 Pearl Street Site Review Page 13
Attachment A - Background Information and Project Description
In terms of bicycle parking, the proposal includes 40 long-term secure spaces for residents, guests, and employees of
the commercial uses in the secured parking garage, where 24 spaces are required. No short-term bike parking will be
provided on the site. However, 12 short-term bike spaces will be provided adjacent to the site along Pearl Street on
inverted "u" bicycle racks. Staff finds that the provision of bike parking in the public right-of-way is preferable to
providing in the rear of the building off the alley, since short-term parking is intended to offer a convenient and
accessible area to park bicycles for customers and other visitors.
Traffic Impact Analysis. A Trip Generation and Assignment Report has been submitted by the applicant, which
concludes that the proposed development can be accommodated by the existing roadway network without significant
impacts to service levels (refer to Attachment D). Per the City’s Design and Construction Standards, a traffic impact
study is not required for the project because the trips generated by the development will not exceed the threshold of 20
vehicle trips during the AM or PM peak hour.
Parking Management. The submitted parking management plan describes the management of the auto elevator
and the prevention of vehicles queuing in the alley right-of-way and obstructing vehicle circulation within the alley. A
delivery/auto queueing area is provided next to the elevator entry for vehicles waiting for the elevator in the event that it
is occupied. The requirement to utilize the waiting area will be communicated to the apartment renters in their leasing
package and to the condominium owners in their operations manual. The development will maintain an ongoing fund for
an auto elevator’s maintenance service contract to ensure that the elevator will be repaired in a timely manner, if
necessary.
Transportation Demand Management. The proposal includes a robust transportation demand management
plan (refer to Attachment D). Since the property is located in CAGID employees of the commercial uses will be eligible
for the downtown employee EcoPass program. In addition, an alternative transportation fund will be established for the
residential units for a period of three years to cover the costs of EcoPasses or other programs that support and
encourage alternatives to the single-occupant vehicle. The site is highly accessible, with transportation facilities and a
large number of destinations that can be reached within a 15-minute walk (grocery stores, parks, restaurants, and
transit stops). There are existing bus stops on Pearl Street near the intersection with 18th Street. The Downtown
Boulder Bus Transit Station is less than half a mile to the southwest. This regional transit center is served by at least 15
local and regional transit lines. The site is well connected to the larger multi-modal network with detached sidewalks,
designated bike routes, and bike lanes.
Refer to the applicant’s submittal materials in Attachment D for more information about the proposal.
Item 4A - Call Up Consideration; 1727 and 1737 Pearl Street Site Review Page 14
Attachment A - Background Information and Project Description
CITY OF BOULDER PLANNING BOARD
NOTICE OF DISPOSITION
You are hereby advised that on June 25, 2020 the following action was taken by the Planning Board based on the
standards and criteria of the Land Use Regulations as set forth in Chapter 9-2, B.R.C. 1981, as applied to the
proposed development.
DECISION:
PROJECT NAME:
APPROVED WITH CONDITIONS
NAVY REDEVELOPMENT
DESCRIPTION: Site Review to redevelop the properties at 1727 and 1737 Pearl Street
with a 28,222 square foot three-story mixed-use building containing
9,439 square feet of commercial space on the first floor and 14
residential units on the second and third floors. Development includes
one level of underground parking with 14 vehicular parking spaces.
LOCATION: 1727 PEARL ST and 1737 PEARL ST
LEGAL DESCRIPTION: Lots 10 and 11, Block 91, Boulder Original Town East,
City of Boulder, County of Boulder, State of Colorado
APPLICANT: ADAM WERTZ
OWNER: 1727 Pearl Boulder, LLC and 1737 Pearl LLC
APPLICATION: Site Review, LUR2018-00073
ZONING: Downtown 2 (DT-2)
CASE MANAGER: Sloane Walbert
VESTED PROPERTY RIGHT: No; the owner has waived the opportunity to create such right under
Section 9-2-20, B.R.C. 1981.
APPROVED MODIFICATIONS FROM THE LAND USE REGULATIONS:
Section 9-7-1, "Schedule of Form and Bulk Standards," B.R.C. 1981, to allow three stories for the
building, where two are permitted.
Section 9-7-1, "Schedule of Form and Bulk Standards," B.R.C. 1981 and Section 9-9-3, “Building Design,”
B.R.C. 1981, to allow 50% of the ground floor façade facing a public street to be transparent materials,
where 60% is required.
Section 9-7-1, "Schedule of Form and Bulk Standards," B.R.C. 1981, to allow a 10-foot front yard setback
from the street for the third story, where 15-feet is required.
Section 9-7-1, "Schedule of Form and Bulk Standards," B.R.C. 1981, to allow a 0-foot side yard setback
from an interior lot line for the third story, where 12-feet is required.
This decision may be called up by the City Council on or before July 27, 2020. If no call-up occurs, the decision is
deemed final on July 28, 2020.
FOR CONDITIONS OF APPROVAL SEE THE FOLLOWING PAGES OF THIS DISPOSITION.
IN ORDER FOR A BUILDING PERMIT APPLICATION TO BE PROCESSED FOR THIS PROJECT, A SIGNED
DEVELOPMENT AGREEMENT AND SIGNED FINAL PLANS MUST BE SUBMITTED TO THE PLANNING
DEPARTMENT WITH DISPOSITION CONDITIONS AS APPROVED SHOWN ON THE FINAL PLANS. IF THE
DEVELOPMENT AGREEMENT IS NOT SIGNED WITHIN NINETY (90) DAYS OF THE FINAL DECISION DATE,
THE PLANNING DEPARTMENT APPROVAL AUTOMATICALLY EXPIRES.
Item 4A - Call Up Consideration; 1727 and 1737 Pearl Street Site Review Page 15
Attachment B - Planning Board Notice of Disposition dated June. 25, 2020
Pursuant to Section 9-2-12 of the Land Use Regulations (Boulder Revised Code, 1981), the Applicant must begin
and substantially complete the approved development within three years from the date of final approval or in
compliance with the phasing plan if one was approved. Failure to "substantially complete" (as defined in
Section 9-2-12) the development within three years or in compliance with the phasing plan, if one was approved,
shall cause this development approval to expire.
At its public hearing on June 25, 2020, the Planning Board approved the request with the following motion:
On a motion by D. Ensign, seconded by H. Zuckerman, the Planning Board voted 5-2 (S. Silver, J. Gerstle opposed)
to approve Site Review case no. LUR2018-00073 incorporating the staff memorandum and the attached Site Review
Criteria Checklist as findings of fact, and subject to the conditions of approval recommended in the staff
memorandum.
CONDITIONS OF APPROVAL
1. The Applicant shall ensure that the development shall be in compliance with all plans prepared by the
Applicant on March 30, 2020, the Applicant’s written statement dated March 30, 2020, the Applicant’s
Transportation Demand Management (TDM) Plan dated November 11, 2019, and the Applicant’s Parking
Management Plan dated March 30, 2020, all on file in the City of Boulder Planning Department, except to the
extent that the development may be modified by the conditions of this approval.
2. Prior to a building permit application, the Applicant shall submit, and obtain City Manager approval of, a Technical
Document Review application for the following items:
a. Final architectural plans, including material samples and colors, to ensure compliance with the intent of
this approval and compatibility with the surrounding area. The architectural intent shown on the plans
prepared by the Applicant on March 30, 2020 is acceptable. Planning staff will review plans to ensure that
the architectural intent is performed.
b. A final site plan that includes detailed floor plans and section drawings.
c. A final utility plan meeting the City of Boulder Design and Construction Standards.
d. A final storm water report and plan meeting the City of Boulder Design and Construction Standards.
e. Final transportation plans meeting the City of Boulder Design and Construction Standards for all
transportation improvements. These plans must include but are not limited to plan and profile drawings for
the concrete alley, plan drawings for the Pearl Street sidewalk, transportation detail drawings, a
geotechnical soils report, and a pavement analysis for the concrete alley pavement.
f. A detailed landscape plan, including size, quantity, and type of plants existing and proposed; type and
quality of non-living landscaping materials; any site grading proposed; and any irrigation system proposed,
to ensure compliance with this approval and the City's landscaping requirements. Removal of trees must
receive prior approval of the Planning Department. Removal of any tree in City right of way must also
receive prior approval of the City Forester.
g. A detailed outdoor lighting plan showing location, size, and intensity of illumination units, showing
compliance with Section 9-9-16, B.R.C. 1981.
h. A detailed shadow analysis to ensure compliance with the City's solar access requirements of
Section 9-9-17, B.R.C. 1981.
3. Prior to a building permit application, the Applicant shall dedicate to the City, at no cost, any easements
necessary to serve the development, including but not limited to the following easement as shown on the plans
prepared by the Applicant on March 30, 2020, meeting the City of Boulder Design and Construction Standards,
as part of a Technical Document Review application, the form and final location of which shall be subject to the
approval of the City Manager:
a. A drainage easement encompassing the two proposed water quality facilities adjacent to the public alley
right-of-way on the north side of the proposed building.
Item 4A - Call Up Consideration; 1727 and 1737 Pearl Street Site Review Page 16
Attachment B - Planning Board Notice of Disposition dated June. 25, 2020
4. Prior to a building permit application, the Applicant shall submit a Technical Document Review Application,
subject to review and approval of the City Manager, for the elimination of the lot line between Lots 10 and 11,
Block 91, Boulder Original Town, City of Boulder, State of Colorado, meeting the requirements of Chapter 9-12,
“Subdivision,” B.R.C. 1981, and the City of Boulder Design and Construction Standards.
5. Prior to issuance of a building permit, the Applicant shall submit a financial guarantee, in a form acceptable to
the Director of Public Works, in an amount equal to the costs of providing an alternative transportation fund of
$200 per dwelling unit per year to the residents of the development for a period of three years after the issuance
of a certificate of occupancy for each dwelling unit, as proposed in the Applicant’s Transportation Demand
Management (TDM) plan dated November 11, 2019.
6. Prior to a building permit application, the Applicant shall obtain all necessary approvals and authorizations
required under the Boulder Revised Code for the portion of the balconies, outdoor seating areas, and awnings
encroaching into any City easement or right of way. The Applicant assumes the risk that failure to obtain the
necessary approvals and authorizations may require an amendment to this approval.
7. Prior to a building permit application, the Applicant shall construct and complete, subject to acceptance by the
City Manager, public improvements serving the site in conformance with the approved plans prepared by the
Applicant on March 30, 2020, and the City of Boulder Design and Construction Standards, including but not
limited to the following:
a. paving the concrete alley from the west property line east to the existing 16th Street concrete sidewalk
(approximately 154 feet); and
b. replacing the existing Pearl Street sidewalk adjacent to the site.
8. The Applicant shall be responsible for maintaining all stormwater quality improvements and stormwater
detention improvements, including but not limited to permeable parking lot paving.
By:
Charles Ferro, Secretary of the Planning Board
Item 4A - Call Up Consideration; 1727 and 1737 Pearl Street Site Review Page 17
Attachment B - Planning Board Notice of Disposition dated June. 25, 2020
CITY OF BOULDER
PLANNING BOARD ACTION MINUTES
June 25, 2020
Virtual Meeting
A permanent set of these minutes and a tape recording (maintained for a period of seven years) are
retained in Central Records (telephone: 303-441-3043). Minutes and streaming audio are also available
on the web at: http://www.bouldercolorado.gov/
PLANNING BOARD MEMBERS PRESENT:
David Ensign
John Gerstle
Lupita Montoya
Sarah Silver
Lisa Smith
Peter Vitale
Harmon Zuckerman, Chair
PLANNING BOARD MEMBERS ABSENT:
N/A
STAFF PRESENT:
Charles Ferro, Development Review Manager
Hella Pannewig, Assistant City Attorney
Cindy Spence, Administrative Specialist III
Elaine McLaughlin, Senior Planner
Sloane Walbert, Senior Planner
Jean Gatza, Meeting Moderator
1.CALL TO ORDER
Chair, H. Zuckerman, declared a quorum at 6:05 p.m. and the following business was conducted.
2.APPROVAL OF MINUTES
On a motion by J. Gerstle and seconded by D. Ensign the Planning Board voted 7-0 to approve the
June 4, 2020 minutes as amended.
3.PUBLIC PARTICIPATION
a) Lynn Segal
4.DISCUSSION OF DISPOSITIONS, PLANNING BOARD CALL-UPS / CONTINUATIONS
A.CALL UP ITEM: Site Review Amendment for 2655 N. 63rd Street: for phasing plan revisions to
a previously approved campus for Western Disposal Services that includes a Waste Transfer
Building for sorting and transferring solid waste (for both public drop-off and Western Disposal
trucks) off-site; a Gate House for public weigh-in and weigh-out; a new corporate office building
that also provides leasable space for future tenants in the same/similar industry; a Shop Building
that serves as the command center for the fleet of waste collection vehicles and vehicular service
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bays for maintaining the vehicles; a Container Building for construction, servicing and repairing
of the various waste/recycle/compost container units used for commercial and residential use.
The decision may be called up before Planning Board on or before June 26, 2020.
B. CALL UP ITEM: Minor Site Review Amendment for 5995 Arapahoe Avenue for a 7,103 square
foot addition to expand the service area of the existing Flatiron Subaru Automobile Dealership.
The decision may be called up before Planning Board on or before June 26, 2020.
None of the items were called up.
5. PUBLIC HEARING ITEMS
A. AGENDA TITLE: Public hearing and consideration of a Site Review to redevelop the properties
at 1727 and 1737 Pearl Street with a 28,222 square foot three-story mixed-use building
containing 9,439 square feet of commercial space on the first floor and 14 residential units on the
second and third floors (case no. LUR2018-00073). Development includes one level of
underground parking with 14 vehicular parking spaces.
Board members were asked to reveal any ex-parte contacts they may have had on this item.
H. Zuckerman stated the engineering firm on this project, Scott Cox and Associates, is also
working on a development project in Gilpin County in which he is the attorney on the project
handling entitlement. No work has been done for over a year and there is no contractual
relationship with the engineering firm. H. Pannewig confirmed that this relationship does not
amount to a conflict of code. H. Zuckerman confirmed that he would remain fair and impartial.
J. Gerstle stated that he had previously worked for the predecessor of Scott Cox and Associates
in high school but could be fair and objective in this matter.
Staff Presentation:
C. Ferro introduced the item.
S. Walbert presented the item to the board.
Board Questions:
S. Walbert answered questions from the board.
Applicant Presentation:
Adam Wertz, the property owner, and Chris Russell, with Studio Architecture, presented the item to
the board.
Board Questions:
Adam Wertz and Chris Russell, representing the applicant, answered questions from the board.
Public Hearing:
1) Ray Wrigley spoke in opposition to the project concerning the north elevation and setback as
proposed.
2) Lori Hunter spoke in opposition to the project concerning the north elevation and setback as
proposed.
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3) Lynn Segal spoke in opposition to the project.
4) Zach Zeldner spoke in support of the project.
5) Crystal Gray spoke in support of mixed use at the project. She spoke in opposition to the project
concerning the north elevation, setback and height as proposed.
6) David Foster encouraged special sensitively in the interface zone for this project.
Board Comments:
Key Issue #1: Does the project meet the applicable Site Review criteria in Section 9-2-14(h),
B.R.C. 1981?
P. Vitale clarified that the issues of solar shadow and design components would be discussed at
TEC docs review. This would be a positive development for Pearl street. The project must meet
2020 Energy code.
S. Silver said this project does not meet site review criteria. Specifically, the mass and height do
not meet site criteria according to 9-2-14(h)(2)(f)(i). The proposed third story will create a
problem for the homes on alley and will be impacted. In addition, she said it may not be meeting
9-9-17(d)(1)(b) regarding solar access. In addition, she did not believe it met 9-2-14(h)(2)(f)(xi)
in that there would be no mitigating of energy from this site.
J. Gerstle was concerned with the impact on the alley to the north and that it would be
unacceptable.
D. Ensign said the proposal was acceptable from the BVCP standards. Open space
considerations have been done. There has been a green plan proposed for the setback in the front
and rear. The elevator idea is a nice component in that it will allow the vehicles to be off the
street and not be an enormous amount of energy. In general, this is an area for mixed use and
would be appropriate. The proposal is a beautiful design. The wedding cake design works well
due to the side setbacks.
L. Smith approved of the site design. The neighbors along the alley will be affected, that is just a
fact. Perhaps the third story could be brought in more. She would like to see solar panels on the
flat roof. She appreciated the trees and bike racks on the street elevation. She approved of the
courtyard and trying to keep it open. The mixed use and retail are positive features.
H. Zuckerman agreed with D. Ensign. He reminded the board that this would be a “by-right
thirty-eight-foot zone”. He said he was satisfied with the north elevation articulation as well as
the fifteen-foot setback. He suggested an additional condition adding the wiring for PV panels on
the roof to meet site review criteria.
S. Silver recommended a setback on the northern end on the third floor. She was okay with the
proposed third story, however the mass on the north end did not appear appropriate given the
interface zone.
P. Vitale agreed.
L. Smith added that she would like to see wiring for electric cars and to integrate affordable
housing into future developments and neighborhoods.
L. Montoya liked the courtyard and commercial components. She was concerned there was no
opportunity for affordable housing.
Key Issue #2: Is the proposed project consistent with the Downtown Urban Design Guidelines for
the Non-Historic and Interface Areas?
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S. Silver suggested regarding the courtyard a condition to require a clear plan by the applicant
for a heating element within courtyard to be clear and ice-free. She said she would like to see
more minimized impacts to the adjacent neighborhood alley houses.
D. Ensign said that he did not consider the wall along the alley unreasonable.
H. Zuckerman agreed.
S. Silver said that reducing the third floor slightly would be a reasonable compromise.
J. Gerstle voiced concerns about the setback modifications proposed at the side yard and along
Pearl Street. He questioned whether the mass and scale of the building would set a precedent for
future properties that redevelop on the block, particularly the adjacent properties to the east and
west. S. Silver agreed with his concerns.
Motion:
On a motion by D. Ensign seconded by H. Zuckerman the Planning Board voted 5-2 (S. Silver, J.
Gerstle opposed) to approve Site Review case no. LUR2018-00073 incorporating the staff
memorandum and the attached Site Review Criteria Checklist as findings of fact, and subject to the
conditions of approval recommended in the staff memorandum.
Applicant Rebuttal:
Jeff Dawson, with Studio Architecture, thanked the board for their feedback.
6. MATTERS FROM THE PLANNING BOARD, PLANNING DIRECTOR, AND CITY
ATTORNEY
7. DEBRIEF MEETING/CALENDAR CHECK
8. ADJOURNMENT
The Planning Board adjourned the meeting at 9:43 p.m.
APPROVED BY
___________________
Board Chair
___________________
DATE
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CRITERIA FOR REVIEW
Section 9-2-14, B.R.C. 1981, “Site Review”
(a)Purpose: The purpose of site review is to allow flexibility and encourage innovation in land use
development. Review criteria are established to promote the most appropriate use of land,
improve the character and quality of new development, to facilitate the adequate and
economical provision of streets and utilities, to preserve the natural and scenic features of
open space, to assure consistency with the purposes and policies of the Boulder Valley
Comprehensive Plan and other adopted plans of the community, to ensure compatibility with
existing structures and established districts, to assure that the height of new buildings is in
general proportion to the height of existing, approved, and known to be planned or projected
buildings in the immediate area, to assure that the project incorporates, through site design,
elements which provide for the safety and convenience of the pedestrian, to assure that the
project is designed in an environmentally sensitive manner, to assure that the building is of a
bulk appropriate to the area and the amenities provided and of a scale appropriate to
pedestrians, and to set requirements for additional height, density, and intensity that provide
additional benefits to the community beyond the underlying zoning.
(h)Criteria for Review: No site review application shall be approved unless the approving agency
finds that:
(1) Boulder Valley Comprehensive Plan:
(A) The proposed site plan is consistent with the land use map and the service area map and,
on balance, the policies of the Boulder Valley Comprehensive Plan.
The site is currently designated as Regional Business on the land use map of the Boulder Valley
Comprehensive Plan (BVCP). There is no maximum residential density under this designation. The
description from the BVCP is below. The proposal meets the intent of the land use designation with
a mix of uses and a design that will activate the street.
The current proposal is consistent with the following BVCP goals and policies:
2.03 Compact Development Pattern
2.16 Mixed Use & Higher Density Development
2.20 Role of the Central Area
2.33 Sensitive Infill and Redevelopment
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Attachment E - Site Review Criteria Analysis
2.36 Physical Design for People
2.41 Enhanced Design for All Projects
(B) The proposed development shall not exceed the maximum density associated with the
Boulder Valley Comprehensive Plan residential land use designation. Additionally, if the
density of existing residential development within a three-hundred-foot area surrounding
the site is at or exceeds the density permitted in the Boulder Valley Comprehensive Plan,
then the maximum density permitted on the site shall not exceed the lesser of:
There is no maximum residential density for the Regional Business land use designation.
N/A (i) The density permitted in the Boulder Valley Comprehensive Plan, or,
Not applicable; the density of the existing residential development within 300 feet
does not exceed the density permitted in the BVCP.
N/A (ii) The maximum number of units that could be placed on the site without waiving or
varying any of the requirements of Chapter 9-8, "Intensity Standards," B.R.C.
1981.
Not applicable; see above.
(C) The proposed development’s success in meeting the broad range of BVCP policies
considers the economic feasibility of implementation techniques require to meet other site
review criteria.
The development would not be rendered infeasible in meeting the BVCP policies or the
site review criteria based upon the requirements and recommendations made within
these comments.
(2) Site Design: Projects should preserve and enhance the community's unique sense of place
through creative design that respects historic character, relationship to the natural environment,
multi-modal transportation connectivity and its physical setting. Projects should utilize site design
techniques which are consistent with the purpose of site review in Subsection (a) of this section
and enhance the quality of the project. In determining whether this subsection is met, the approving
agency will consider the following factors:
(A) Open Space: Open space, including, without limitation, parks, recreation areas, and
playgrounds:
(i) Useable open space is arranged to be accessible and functional and incorporates
quality landscaping, a mixture of sun and shade and places to gather;
The site design is urban in character and has a small on-site open space
requirement. The proposed project utilizes urban forms of on-site open space with
an open courtyard and private balconies and patios to serve the residences.
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Outdoor seating for a restaurant use could spill into the interior courtyard or onto
Pearl Street, with a revocable permit from the city. All open spaces will receive a
mixture of sun and shade based on the building orientation. The open spaces are
appropriate considering the urban context and proximity to the pedestrian mall.
(ii) Private open space is provided for each detached residential unit;
Each residential unit would have a private balcony, some on the exterior of the
building and some facing the interior courtyard.
(iii) The project provides for the preservation of or mitigation of adverse impacts to
natural features, including, without limitation, healthy long-lived trees, significant
plant communities, ground and surface water, wetlands, riparian areas, drainage
areas and species on the federal Endangered Species List, "Species of Special
Concern in Boulder County" designated by Boulder County, or prairie dogs
(Cynomys ludiovicianus), which is a species of local concern, and their habitat;
A detailed tree inventory was provided. There are no healthy long-lived trees,
special status species, or other natural features present on the site.
(iv) The open space provides a relief to the density, both within the project and from
surrounding development;
The public courtyard, private balconies, and rooftop decks on the setback third
story will provide a relief to the density. The interior court on the ground level will
be a place for people to gather along East Pearl Street. The courtyard contains
an ornamental tree to anchor the center of the court and provide shade and an
enhanced “feature wall”. The main façade element along Pearl Street is broken
up by a paseo that provides a visual connection through the building to an open
interior court in the center of the building that is open to the sky. The 15 foot
landscaped setback on the alley will also provide relief to the residential
neighborhood to the north.
(v) Open space designed for active recreational purposes is of a size that it will be
functionally useable and located in a safe and convenient proximity to the uses to
which it is meant to serve;
Not applicable; no spaces are designed for active recreational purposes. Active
programming is not appropriate considering the urban context and proximity to
the pedestrian mall. Outdoor seating for a restaurant use could spill into the
interior courtyard or onto Pearl Street, with a revocable permit from the city. Each
residential unit would have a private balcony or patio.
N/A (vi) The open space provides a buffer to protect sensitive environmental features
and natural areas; and
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Attachment E - Site Review Criteria Analysis
Not applicable; there are no known sensitive environmental features or natural
areas within this developed urban site.
(vii) If possible, open space is linked to an area- or city-wide system.
The existing walkways along Pearl, 17th, and 18th streets are all part of a city-
wide, interconnected network of sidewalks that connect to the larger multi-modal
system.
(B) Open Space in Mixed Use Developments (Developments That Contain a Mix of
Residential and Nonresidential Uses):
(i) The open space provides for a balance of private and shared areas for the
residential uses and common open space that is available for use by both the
residential and nonresidential uses that will meet the needs of the anticipated
residents, occupants, tenants and visitors of the property; and
Both private open spaces (balconies and decks) and common open space
(interior courtyard) has been provided. The courtyard will be open to residents,
employees, and visitors to the site. The proposed courtyard will be a flexible
space with movable seating that will allow for small gatherings, etc. that will be
enjoyed by the residents and occupants, as well as the larger neighborhood.
The spaces meet the anticipated needs of the development.
(ii) The open space provides active areas and passive areas that will meet the
needs of the anticipated residents, occupants, tenants and visitors of the
property and are compatible with the surrounding area or an adopted plan for
the area.
Passive areas are provided for residents on private balconies and decks. The
interior courtyard will be programmed for passive use but could also be utilized
for active purposes for residents, occupants, tenants, and visitors to the site.
Outdoor seating for a restaurant use could spill into the interior courtyard or onto
Pearl Street, with a revocable permit from the city.
(C) Landscaping
(i) The project provides for aesthetic enhancement and a variety of plant and hard
surface materials, and the selection of materials provides for a variety of colors
and contrasts and the preservation or use of local native vegetation where
appropriate;
Landscaping is planned to be installed according to the Landscape Plan (see Attachment A). The project includes planting areas within the courtyard and in
the alley. The selection of plants and their relationship to the surrounding
developments are aesthetically attractive and provide a relief to the proposed
density. The proposed landscaping includes three ornamental trees, shrubs, and
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Attachment E - Site Review Criteria Analysis
a variety of understory planting appropriate to the surrounding use and ecological
niche. Mature street trees will remain on Pearl Street. Patterned concrete in the
courtyard will give the space a more human scale.
(ii) Landscape design attempts to avoid, minimize or mitigate impacts on and off site
to important native species, healthy, long lived trees, plant communities of special
concern, threatened and endangered species and habitat by integrating the
existing natural environment into the project;
Landscape materials will be incorporated in the stormwater and water quality
facilities. No important native species, plant communities of special concern,
threatened and endangered species, or habitat would be impacted on this
project. A tree will anchor the center of the public court and provide shade when
needed, while thoughtful lighting and a unique “feature wall” will provide comfort
and interest to the space.
(iii) The project provides significant amounts of plant material sized in excess of the
landscaping requirements of sections 9-9-12, "Landscaping and Screening
Standards," and 9-9-13, "Streetscape Design Standards," B.R.C. 1981; and
The applicant intends to preserve the existing, healthy public street trees along
both Pearl Street and provide additional landscaping that will be in excess of the
requirements.
N/A (iv) The setbacks, yards and useable open space along public rights of way are
landscaped to provide attractive streetscapes, to enhance architectural features
and to contribute to the development of an attractive site plan.
Not applicable; the code requirements and design guidelines within the downtown
is for buildings to address the street, particularly along the first floor where zero
setbacks are desired. Landscape is not provided or desired in the front yard in
this context.
(D) Circulation: Circulation, including, without limitation, the transportation system that serves
the property, whether public or private and whether constructed by the developer or not:
(i) High speeds are discouraged or a physical separation between streets and the
project is provided;
High speeds are generally discouraged in the existing urban context, with
narrow right of way and on-street parking. There is a relatively wide sidewalk
area from face of curb to the building to accommodate the pedestrian. Existing
mature street trees will be preserved and will provide a strong physical
separation between Pearl Street and the proposed building.
(ii) Potential conflicts with vehicles are minimized;
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The existing context limits vehicular conflicts. Vehicular access to the site is via
the alley, with an auto lift to the parking garage. Defined street crossings are
provided on Pearl, 17th, and 18th streets. The proposed auto lift will allow cars
to safely enter the alley with minimal potential conflicts with pedestrians or
cyclists
(iii) Safe and convenient connections are provided that support multi-modal
mobility through and between properties, accessible to the public within the
project and between the project and the existing and proposed transportation
systems, including, without limitation, streets, bikeways, pedestrianways and
trails;
A detached walkway and trees in grates will remain along Pearl Street. This
provides a certain pedestrian travel way that helps to channel pedestrians
along the building frontages, while removing them from vehicular travel along
the streets. The proposed building will have two new public entrances on Pearl
Street. Private building entrances will be located on the alley for use by
residents and employees.
(iv) Alternatives to the automobile are promoted by incorporating site design
techniques, land use patterns, and supporting infrastructure that supports and
encourages walking, biking, and other alternatives to the single-occupant
vehicle;
The site design and infrastructure support and encourage walking, biking, and
other alternatives to the SOV. The proposal includes 40 long-term secure bike
parking spaces for residents, guests, and employees of the commercial uses in
the secured parking garage, where 24 spaces are required. Twelve short-term
bike spaces will be provided adjacent to the site along Pearl Street on inverted
"u" bicycle racks. The site is located within the urban fabric of downtown and is
well connected to the larger transit and multi-modal network. The applicant is
providing only the required minimum of one parking space per dwelling unit.
The “horizontal mix” of uses within downtown Boulder, with residential and
commercial uses, encourages alternatives to single occupant vehicles.
(v) Where practical and beneficial, a significant shift away from single-occupant
vehicle use to alternate modes is promoted through the use of travel demand
management techniques;
As described above, the applicant has submitted a Transportation Demand
Management (TDM) plan. The proposal includes 40 long-term secure bike
parking spaces for residents, guests, and employees of the commercial uses in
the secured parking garage, where 24 spaces are required. Twelve short-term
bike spaces will be provided adjacent to the site along Pearl Street on inverted
"u" bicycle racks. The short-term parking will offer a convenient and accessible
area to park bicycles for customers and other visitors. Since the property is
located in CAGID employees of the commercial uses will be eligible for the
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Attachment E - Site Review Criteria Analysis
downtown employee EcoPass program. In addition, an alternative
transportation fund will be established for the residential units for a period of
three years to cover the costs of EcoPasses or other programs that support
and encourage alternatives to the single-occupant vehicle. The site is highly
accessible, with transportation facilities and a large number of destinations that
can be reached within a 15-minute walk (grocery stores, parks, restaurants,
and transit stops). There are existing bus stops on Pearl Street near the
intersection with 18th Street. The Downtown Boulder Bus Transit Station is less
than half a mile to the southwest. This regional transit center is served by at
least 15 local and regional transit lines. The site is well connected to the larger
multi-modal network with detached sidewalks, designated bike routes, and bike
lanes. The applicant is providing only the required minimum of one parking
space per dwelling unit.
(vi) On-site facilities for external linkage are provided with other modes of
transportation, where applicable;
See (iv) above.
(vii) The amount of land devoted to the street system is minimized; and
The amount of land devoted to the street system is the minimum necessary to
provide access to the parking areas, a drop-off / pick-up area, and a service
area.
(viii) The project is designed for the types of traffic expected, including, without
limitation, automobiles, bicycles, and pedestrians, and provides safety,
separation from living areas, and control of noise and exhaust.
The proposed project is an urban configuration of the building adjacent to the
pedestrian walkway, which enhances the pedestrian experience. Bicycles and
vehicles will be accommodated on the surrounding street system and in the
alley. A submitted traffic impact analysis concludes that the proposed
development can be accommodated by the existing roadway network without
significant impacts to service levels.
(E) Parking
(i) The project incorporates into the design of parking areas measures to provide
safety, convenience, and separation of pedestrian movements from vehicular
movements;
Parking is provided in a below grade parking garage. An auto elevator is
proposed to provide access to the garage. Removal of surface parking lots in
the alley will help with the safety and convenience of pedestrians and cyclists
traveling through the alley. A delivery/auto queueing area is provided next to
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the elevator entry for vehicles waiting for the elevator in the event that it is
occupied.
(ii) The design of parking areas makes efficient use of the land and uses the
minimum amount of land necessary to meet the parking needs of the project;
The proposed below grade parking and auto elevator makes efficient use of
the land. The applicant is providing the minimum number of one parking space
per dwelling unit. The site is located within the Central Area General
Improvement District (CAGID), with approximately 4,000 parking spaces
included in the district. The provision of parking is the minimum amount
necessary. The parking is designed to provide covered, secure bike parking
as well as vehicular parking.
(iii) Parking areas and lighting are designed to reduce the visual impact on the
project, adjacent properties, and adjacent streets; and
The parking is located below grade with a single door to the auto elevator,
reducing the visual impact on the project, adjacent properties, and adjacent
streets. No lighting is expected to create adverse visual impacts. Any lighting
installations will be subject to the Outdoor Lighting requirements of
Section 9-9-16, B.R.C.
N/A (iv) Parking areas utilize landscaping materials to provide shade in excess of the
requirements in subsection 9-9-6(d), and section 9-9-14, "Parking Lot
Landscaping Standards," B.R.C. 1981.
Not applicable; It is not possible to provide landscaped areas within the
underground parking.
(F) Building Design, Livability, and Relationship to the Existing or Proposed
Surrounding Area
(i) The building height, mass, scale, orientation, architecture and configuration
are compatible with the existing character of the area or the character
established by adopted design guidelines or plans for the area;
The urban orientation of the planned three-story, 38-foot high building is
compatible with the character of the area where two- and three-story buildings
occur to the east and west along Pearl Street in the DT-2 district. There are
several buildings within a two-block radius of the subject site that are three
stories, both within the DT-2 zoning district as well as the adjacent MU-3
zoning district. The proposed project was found to be consistent the
Downtown Urban Design Guidelines for the interface zone.
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(ii) The height of buildings is in general proportion to the height of existing
buildings and the proposed or projected heights of approved buildings or
approved plans or design guidelines for the immediate area;
The height of the proposed building is in general proportion to the height of
existing buildings in the immediate area. The design guidelines for the
interface zone state: “Buildings should appear similar in height, mass, and
scale to other buildings in the area. At the same time, it is important to
maintain a variety of heights. While the actual heights of buildings are of
concern, the perceived heights of buildings are equally important. One, two
and three story buildings make up the primary architectural fabric of the
Downtown, with taller buildings located at key intersections.” The proposed
height of 38 feet is in general proportion to the height of existing buildings to
the south and west and is consistent with the intent described above.
(iii) The orientation of buildings minimizes shadows on and blocking of views from
adjacent properties;
The location of the site is within the established urban context, where the
BVCP identifies the area as the “highest intensity” of land use. Similarly, there
is an established grid pattern of streets and an urban street face with buildings
built to the public right of way. Given the established land use typology, some
degree of shading during deep winter months, along with constrained views
toward the Flatirons is typical for the downtown and has been since the town
was established. Further, the adjacent buildings to the east and west are not
subject to the Solar Access standards since the DT-2 district is within Solar
Access Area III, where because of planned densities, topography or lot
configurations or orientations, uniform solar access protection for south yards
and walls or for rooftops may unduly restrict permissible development. The
applicant has submitted a solar access study demonstrating that shadows will
not unduly impact residential properties to the north in the RMX-1 district.
(iv) If the character of the area is identifiable, the project is made compatible by
the appropriate use of color, materials, landscaping, signs, and lighting;
The building height, mass, scale, orientation, architecture and configuration
are compatible with the existing character of the area and the character
envisioned by the Downtown Development Guidelines. See analysis for
criteria (ii) and (ii) above. The building design is contemporary with traditional
references. The base of the structure is emphasized with added wood details
around the storefront window openings. Per the applicant, more modern
storefront proportions like a tall and open first floor and large display windows
are married with more traditional elements like wood column detailing at the
retail level and goose-neck light fixtures and signage.
(v) Projects are designed to a human scale and promote a safe and vibrant
pedestrian experience through the location of building frontages along public
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streets, plazas, sidewalks and paths, and through the use of building
elements, design details and landscape materials that include, without
limitation, the location of entrances and windows, and the creation of
transparency and activity at the pedestrian level;
The use of ground floor storefront windows, wood column detailing, and
traditional proportions in the building layout and fenestration helps to establish
continuity in the established human scale along Pearl Street. The commercial
spaces open directly onto Pearl Street. The public paseo also provides a
visual connection through the building to an open public court in the center of
the building. As stated above, the project will promote a safe and vibrant
pedestrian experience with a relatively wide sidewalk area to accommodate
the pedestrian.
(vi) To the extent practical, the project provides public amenities and planned
public facilities;
The project provides enhanced facilities along Pearl Street, with additional
short term bike parking. There are no planned public facilities that impact the
site.
(vii) For residential projects, the project assists the community in producing a
variety of housing types, such as multifamily, townhouses and detached single
family units, as well as mixed lot sizes, number of bedrooms and sizes of
units;
The attached residential units contribute to the variety of housing types in the
community. The units range from 562 to 2,424 square feet in area.
(viii) For residential projects, noise is minimized between units, between buildings,
and from either on-site or off-site external sources through spacing,
landscaping, and building materials;
The residential units are proposed above the street level, which will help to
minimize noise from off-site external sources. The applicant states that the
cast in place concrete construction will reduce the transfer of sound vertically
between the commercial spaces and residential units. Double stud demising
walls will help with horizontal noise movement between units on upper levels.
Exterior walls on the east and west will be built out of CMU and will greatly
reduce any noise impacts between buildings.
(ix) A lighting plan is provided which augments security, energy conservation,
safety, and aesthetics;
A preliminary lighting plan shows outdoor lighting that provides for security,
safety and aesthetics. Pedestrian scale fixtures are used where possible.
Lighting design will activate the courtyard as usable open space. Final lighting
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Attachment E - Site Review Criteria Analysis
will be evaluated at the Technical Documents review process. All proposed
lighting fixtures must comply with the Outdoor Lighting Ordinance.
(x) The project incorporates the natural environment into the design and avoids,
minimizes, or mitigates impacts to natural systems;
The project site is a redevelopment of developed property and does not
include any significant elements of the natural environment that could be
incorporated into the design. Necessary water quality improvements in the
form of rain garden planters will be provided.
(xi) Buildings minimize or mitigate energy use; support on-site renewable energy
generation and/or energy management systems; construction wastes are
minimized; the project mitigates urban heat island effects; and the project
reasonably mitigates or minimizes water use and impacts on water quality.
The project will be required to meet the 2020 City of Boulder Energy
Conservation Code, which is a localized version of the 2018 International
Energy Conservation Code that is 20% more efficient than the national code.
The structure will be designed to be “solar ready” to support the additional
loads of a photo voltaic solar array.
(xii) Exteriors or buildings present a sense of permanence through the use of
authentic materials such as stone, brick, wood, metal or similar products and
building material detailing;
The materials proposed include cast in place concrete, stucco (three coat
system), CMU, wood look laminate cladding, cement board siding, and
aluminum storefront windows. The concrete will present a stone-like quality or
depth. These materials are considered authentic and in character with that of
the interface of downtown. The proposed building uses a simple palette of
materials that emphasize the base of the structure with added wood details
around the storefront window openings.
(xiii) Cut and fill are minimized on the site, the design of buildings conforms to the
natural contours of the land, and the site design minimizes erosion, slope
instability, landslide, mudflow or subsidence, and minimizes the potential
threat to property caused by geological hazards;
The site is generally level. The overall slope will be maintained. There will be
some excavation necessary to create the basement area of the proposed
building.
N/A (xiv) In the urbanizing areas along the Boulder Valley Comprehensive Plan
boundaries between Area II and Area III, the building and site design provide
for a well-defined urban edge; and
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Attachment E - Site Review Criteria Analysis
N/A (xv) In the urbanizing areas located on the major streets shown on the map in
Appendix A of this title near the Boulder Valley Comprehensive Plan
boundaries between Area II and Area III, the buildings and site design
establish a sense of entry and arrival to the City by creating a defined urban
edge and a transition between rural and urban areas.
(G) Solar Siting and Construction: For the purpose of ensuring the maximum potential for
utilization of solar energy in the City, all applicants for residential site reviews shall place
streets, lots, open spaces, and buildings so as to maximize the potential for the use of
solar energy in accordance with the following solar siting criteria:
(i) Placement of Open Space and Streets: Open space areas are located
wherever practical to protect buildings from shading by other buildings within
the development or from buildings on adjacent properties. Topography and
other natural features and constraints may justify deviations from this criterion.
The site is in an urban context and the new building will reflect that context
and traditional urban design pattern by building up to the public right of way on
Pearl Street. The building is oriented to take advantage of solar energy
systems and can accommodate PV systems. The adjacent buildings to the
east and west are not subject to the Solar Access standards since the DT-2
district is within Solar Access Area III, where because of planned densities,
topography or lot configurations or orientations, uniform solar access
protection for south yards and walls or for rooftops may unduly restrict
permissible development. The applicant has submitted a solar access study
demonstrating that shadows will not unduly impact residential properties to the
north in the RMX-1 district.
(ii) Layout and Building Siting: Lots are oriented and buildings are sited in a way
which maximizes the solar potential of each principal building. Lots are
designed to facilitate siting a structure which is unshaded by other nearby
structures. Wherever practical, buildings are sited close to the north lot line to
increase yard space to the south for better owner control of shading.
See above. The positioning of building on the site is conducive to solar
access. The proposed project is part of a developed urban context and the
orientation of the lots will not be modified by the proposal.
(iii) Building Form: The shapes of buildings are designed to maximize utilization of
solar energy. Buildings shall meet the solar access protection and solar siting
requirements of section 9-9-17, "Solar Access," B.R.C. 1981.
The building is designed with a flat roof that will not be shaded by adjacent
structures. The building is setback from the alley 15’ to allow the properties
to the north better solar access.
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Attachment E - Site Review Criteria Analysis
(iv) Landscaping: The shading effects of proposed landscaping on adjacent
buildings are minimized.
There are no identified conditions where proposed plantings could negatively
affect solar access of buildings in the future. Proposed alley trees are
ornamental and will not unduly affect adjacent properties.
N/A (H) Additional Criteria for Poles Above the Permitted Height: No site review application
for a pole above the permitted height will be approved unless the approving agency finds
all of the following:
N/A (I) Land Use Intensity Modifications
N/A (J) Additional Criteria for Floor Area Ratio Increase for Buildings in the BR-1 District
N/A (K) Additional Criteria for Parking Reductions: The off-street parking requirements of
section 9-7-1, “Schedule of Form and Bulk Standards,” B.R.C. 1981, may be modified as
follows:
N/A (L) Additional Criteria for Off-Site Parking: The parking required under section 9-9-6,
"Parking Standards," B.R.C. 1981, may be located on a separate lot if the following
conditions are met:
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Attachment E - Site Review Criteria Analysis
Design Advisory Board (DAB) Design Review Summary
DAB reviewed the design proposal for The Navy at 1737 Pearl St on two occasions,
March 6, 2019 and September 11, 2019. The project review occurred twice due to the change in
scope of the September 11, 2019 proposal to include an additional parcel and increased building
square footage. The March 6, 2019 review included 3 board members and the PB liaison. 6
members of the public attended the review and spoke during open comment. The September 11,
2019 review included 5 board members and the PB liaison. 1 member of the public attended and
spoke during the open comment. The full DAB information packets, board minutes and public
participation comments are available in the links referenced above.
March 6, 2019
Fig. 1 Perspective of Pearl Street Elevation March 6, 2019
DAB focused their review and recommendations on each façade.
Front façade – The board said there is not a clear consensus on how to do the third floor
(“two over one” vs. the “one over two”). The board had mixed feelings regarding the
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Attachment F - Analysis of Response to DAB Comments
historic pattering but agreed it could go more contemporary. The first floor could use
some adjustments. More open space is not necessary nor appropriate but a great first floor
will be necessary because that will represent the public open space. Most of the board
approved of the third floor stepping back on the front facade. They agreed the second-
floor parapet could be extra tall on the front and back of the structure. There was a split
regarding a natural looking material vs. stark white. The masonry material and detailing
are appreciated. There was division on the board regarding materiality. Suggestions
included more detailed contemporary treatments, modern durable materials, less wood,
possibly steel and painted masonry.
Back Façade – The board was split regarding the proposed setback. The board was
comfortable with the eight-foot upper level setback. They would like the applicant to hold
to the fifteen feet setback in the alley. The agreed the rear eyebrow element should to be
adjusted. The board was in favor of screening the upper level but not strongly required.
The board suggested pushing the first floor back and bringing the second floor out to help
with congestion in the alley. They suggested being creative on this façade given the
visibility. They did not want to see stucco used on the second floor.
Sides – The board agreed the sides could be fairly blank, however it would be nice to see
some art, decorated or something paint related. How the corners are treated will be
important.
Parking – All board members were in support of the proposed parking solution.
The board would like this project to come back to DAB after being reviewed by Planning
Board and more details are in place.
September 11, 2019
Fig. 2 Perspective of Pearl Street Elevation September 11, 2019
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Attachment F - Analysis of Response to DAB Comments
Fig. 3 Current Perspective of Pearl Street Elevation dated 3/30/2020
The following tables include the summary DAB recommendations from September 11, 2019
organized into review topics and the staff comments of the current design proposal analyzing
conformance to those recommendations.
URBAN DESIGN CHARACTERISTICS:
DAB Comments Staff Analysis of Current Proposal
The board was in favor of the proportions and
front façade and the addition of the extra floor.
The proportions are consistent with the board
recommendations.
Regarding the upper floor, the board approved of
the stepping back and the proportions.
The step back of the third floor is consistent
with the board recommendations.
The board was in favor of the reduction to a ten-
foot setback on the third floor in the proposed
areas.
The setback of the third floor on the Pearl
Street elevation is consistent with the board
recommendation and varies between 10-15’.
ARCHITECTURAL COMPOSITION AND PATTERNING:
DAB Comments Staff Analysis of Current Proposal
The board leaned toward keeping the left side of
the arch as proposed.
The entry arch is consistent with the board
recommendation and design presented on
Sept 11, 2019.
The board approved of the sides of the building.
The sides of the building are consistent with
the board recommendations and include
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Attachment F - Analysis of Response to DAB Comments
illustrating a possible mural on the east side.
The board asked that more thought be put into
the alley design especially regarding privacy for
the neighbors, and the patio setbacks and widths
of patios. The board agreed that frosted glass for
the patio railings would be acceptable but not
clear. Stepping the upper floor back in the rear of
the building would be preferred. Large trees in
the rear would help mitigate privacy.
The rear elevation has been revised to
include a redesign of the balconies to include
frosted glass. The building does not include
setting back the upper floor of the rear
elevation. 2 Trees are indicated in the plans
for the rear elevation.
ARCHITECTURAL DETAILS:
DAB Comments Staff Analysis of Current Proposal
The proposed archway had the approval of the
board, but there was some concern regarding the
detailing of the interior material. The material
needs to be more thought out, substantial, and
durable.
The material composing the arched entry is
two layers of materials built up in a casing
fashion around the entry tunnel. This detail
includes several levels of reveal working
back to the wall material lining the tunnel.
The arcade at the retail level, clad with wood on
the inside, also had the board divided. It may be
dependent on how the inside of the arch is
treated.
The design includes wood-like material on
the inside of the arch entry to the courtyard.
The focal feature in the courtyard needs work. Focal feature will be further designed further
in the Technical Document phase.
The interior courtyard plinth should wrap around
inside the courtyard.
The interior courtyard plinth does not extend.
Instead the concrete and wood archway is a
built up casing element around the wood
entry portico that terminates on the feature
wall with the same wood material and an
feature element.
Darker doors in the rear on the first level to
match the darker cladding would be preferred.
The rear door and entry area have been
expressed with dark paint and wood cladding
to accentuate this area.
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Attachment F - Analysis of Response to DAB Comments
Written Statement for 1737 Pearl Street Site Review Application
06/28/2019
REVISED 07/08/2019
REVISED 03/30/2020 (See Underlined Text)
CURRENT OWNERSHIP:
The project is owned by 1737 Pearl LLC. The managing member is Adam Wertz, a resident of Boulder.
DESCRIPTION OF PROPOSAL:
1737 Pearl Street is a 14,111 SF property on the north side of Pearl Street near the corner of 18th Street and is zoned
DT-2. The property has one existing one-story building and one existing two-story building which will be demolished
to make room for the new thee-story mixed-use building proposed. The existing building uses include retail and
restaurant uses, Little Buddha Import, Top Hat Suppy, Red Letter Books and L’Atelier. Under the DT-2 zoning, this
development proposes a total of 10 new residential units on the second floor; 4 units on the third floor; along with
retail and retail service on the ground floor. A new sub grade parking garage is proposed with 14 standard size
parking spaces, 4 tandem spaces, a number of storage spaces, and service and mechanical spaces. The parking
garage will be accessed from the alley via an auto elevator at the ground floor. A loading/delivery area, the gas and
electric service and gear, detention/water quality planters and trees are all proposed along the alley. The existing
overhead power lines will be undergrounded with this proposal.
ARCHITECTURAL CHARACTER:
The proposed building will have a strong retail base to reinforce Pearl Street’s pedestrian environment and character.
As recommended by the Downtown Design Guidelines, the vertically proportioned windows on the 2nd and 3rd floors
will have modern sill, jamb and lintel treatments that recall historic patterns of downtown Boulder. A strong cornice
will end the building at the top and add detail where it meets the sky. The main façade element along Pearl Street is
a modern two-story piece that calls attention to the entrance of the exterior public paseo that continues into and
through the building to an open public court in the center of the building that is open to the sky. This court provides
accessible open space to the public off of Pearl Street as well as access to light and air for the residences above.
The third story is set back from Pearl Street 10’ – 15’ to reduce the perceived mass of the building and to be sensitive
to the adjacent residential zones. The color palette is anticipated to be dark blue at the base and white above. That
color palette will differentiate the building from the monotonous red brick buildings around it. Dark window mullions,
railings and accent elements will add detail and visual interest to the simple, elegant Pearl Street façade.
DEVELOPMENT SCHEDULE:
The owner anticipates beginning construction immediately upon the receipt of a building permit from the City of
Boulder, and completing the building within 18 months after starting construction.
COPIES OF ANY SPECIAL AGREEMENTS, CONVEYANCES, RESTRICTIONS, OR COVENANTS THAT WILL
GOVERN THE USE, MAINTENANCE, AND CONTINUED PROTECTION OF THE GOALS OF THE PROJECT AND
ANY RELATED PARKS, RECREATION AREAS, PLAYGROUNDS, OUTLOTS, OR OPEN SPACE:
None.
RESPONSE TO GENERAL CRITERIA FOR ALL SITE REVIEW APPLICATIONS (9-2-14(h))
I. Boulder Valley Comprehensive Plan:
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Attachment D - Site Review Plan Set
(A) How is the proposed site plan consistent with the land use map and the service area map and, on balance, the
policies of the Boulder Valley Comprehensive Plan?
The site is located in the Regional Business land use district in Zone 1 of the BVCP. The DT-2 zoning and land use
allows for a mix of residential and commercial uses along Pearl Street in downtown Boulder. The proposal includes a
mix of residential and commercial uses to support the continued health and vibrancy of the downtown area.
(B) The proposed development shall not exceed the maximum density associated with the Boulder
Valley Comprehensive Plan residential land use designation. Additionally, if the density of existing residential
development within a 300 foot area surrounding the site is at or exceeds the density permitted in the Boulder Valley
Comprehensive Plan, then the maximum density permitted on the site shall not exceed the lesser of:
(i) the density permitted in the Boulder Valley Comprehensive Plan, or,
(ii) the maximum number of units that could be placed on the site without waiving or varying any of the
requirements of Chapter 9-7, "Bulk and Density Standards," B.R.C. 1981.
How is the proposed site plan consistent with the above density criteria?
The proposed development proposes 14 new residential units on a 0.32 acre site, a density of 43.75 units per acre.
The proposed development meets the density permitted in the BVCP.
(C) How does the proposed development’s success in meeting the broad range of BVCP policies consider the
economic feasibility of implementation techniques required to meet other site review criteria?
The proposal provides much needed for-sale and rental housing in Boulder by providing 4 for-sale units and 10 rental
units in the downtown area. It will also contribute to the inclusionary housing fund by providing cash-in-lieu money as
opposed to on-site affordable housing. New residential units in this area will help reduce SOV trips and traffic by
placing residents near services and amenities in downtown. The commercial space improvements on the ground
floor will continue to improve the economic vitality of the east Pearl Street corridor. The proposed architectural
character is generally consistent with the Downtown Design guidelines and a major improvement over the character
of existing single story building that will be demolished. The proposal reinforces Boulder’s goal to continue its
compact pattern of growth which is consistent with both the zoning and the density advocated by the land use code
and BVCP.
II. Site Design:
Projects should preserve and enhance the community's unique sense of place through creative design that respects
historic character, relationship to the natural environment, and its physical setting. Projects should utilize site design
techniques which enhance the quality of the project. In determining whether this subsection is met, the approving
agency will consider the following factors:
(A). Open space, including, without limitation, parks, recreation areas, and playgrounds:
1. How is useable open space arranged to be accessible and functional, and how does it incorporate quality
landscaping, a mixture of sun and shade and places to gather?
The public court on the ground level will be a destination for pedestrians and a unique place for people to gather
along East Pearl Street. A tree will anchor the center of the court and provide shade when needed, while thoughtful
lighting and a unique “feature wall” will provide comfort and interest to the space. The commercial spaces will open
onto Pearl Street and an exterior patio along the sidewalk could be created for potential future restaurant uses.
2. How is private open space provided for each detached residential unit?
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Attachment D - Site Review Plan Set
Sizeable roof decks and balconies are provided for all residential units on both floors. The balconies and roof decks
that face south are either recessed in to the building mass or are provided with sun shading devices to make them
more usable and enjoyable. See attached plans for more open space details, dimensions and configurations.
3. How does the project provide for the preservation of natural features, including, without limitation, healthy long-
lived trees, terrain, significant plant communities, threatened and endangered species and habitat, ground and
surface water, wetlands, riparian areas, and drainage areas?
This proposal is in an urban area with no natural features.
4. How does the open space provide a relief to the density, both within the project and from surrounding
development?
The public court on the ground level will be a destination for pedestrians and a unique place for people to gather
along East Pearl Street. A tree will anchor the center of the court and provide shade when needed, while thoughtful
lighting and a unique “feature wall” will provide comfort and interest to the space. The commercial spaces will open
onto Pearl Street and an exterior patio along the sidewalk could be created for potential future restaurant uses
5. How does the open space provide a buffer to protect sensitive environmental features and natural areas?;
Not applicable.
6. If possible, how is open space linked to an area- or a city-wide system?
There are a number of parks within two to three blocks of the site. Specifically, there is the Pearl Street Mall, Barker
Park, Emma Gomez Martinez Park, the Spruce Pool and Fitzpatrick Park, not to mention the Whittier Elementary
School grounds.
(B) Open Space in Mixed Use Developments: Developments that contain a mix of residential and non-residential
uses:
1. How does the open space provide for a balance of private and shared areas for the residential uses and common
open space that is available for use by both the residential and non-residential uses that will meet the needs of the
anticipated residents, occupants, tenants, and visitors of the property?
On an urban site like this, the sidewalk along Pearl Street is the primary open space amenity for tenants and their
customers. The public court that is proposed will provide a more intimate place for both residents and visitors to enjoy
and experience. See above for more information related to private open space for residents and their guests.
2. How does the open space provide active areas and passive areas that will meet the needs of the anticipated
residents, occupants, tenants, and visitors of the property and how is the open space compatible with the
surrounding area or an adopted plan for the area?
The residents will be provided with private open space on to which they may expand their living spaces outdoors.
The proposed public court will be a flexible space with movable seating that will allow for small performances, small
gatherings, extending the retail spaces outdoors, etc. that will be enjoyed by the residents and occupants, as well as
the larger neighborhood.
(C) Landscaping:
1. How does the project provide for aesthetic enhancement and a variety of plant and hard surface materials, and
how does the selection of materials provide for a variety of colors and contrast and how does it incorporate the
preservation or use of local native vegetation where appropriate?
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Attachment D - Site Review Plan Set
A variety of planters and enhanced hardscape materials will be provided at all roof decks for residential units. These
will be designed to be compatible with the architecture and enhance the livability of each unit. Special attention will
be given to the way they soften the outdoor space, provide privacy and create an enjoyable environment for
relaxation, entertainment and dining. The landscaping in the public court will provide visual interest as the tree and
ground cover changes colors throughout the year, while the patterns in the concrete will give the space a more
human scale. The alley will be landscaped as well, with two trees and a number of shrubs that will be located in the
water quality/detention planters.
2. How does the landscape and design attempt to avoid, minimize, or mitigate impacts to important native species,
plant communities of special concern, threatened and endangered species and habitat by integrating the existing
natural environment into the project?
There are no important native species or plant communities of special concern on the existing building. The existing
street trees along Pearl Street will remain.
3. How does the project provide significant amounts of plant material sized in excess of the landscaping
requirements of Sections 9-9-12 and 9-9-13, "Landscaping and Screening Requirements," and "Streetscape Design
Standards," B.R.C. 1981;
Refer to the landscape drawings for specific plant quantities. We will be providing landscaping in excess of the
requirements with the landscaping that is proposed along the alley and within the public court.
4. How are the setbacks, yards, and useable open space along public rights-of-way landscaped to provide attractive
streetscapes, to enhance architectural features, and to contribute to the development of an attractive site plan?
The 15’ building setback along the alley will be landscaped with trees, shrubs, and planters. The existing street trees
on Pearl Street will remain, and landscaping is proposed within the public court.
(D) Circulation, including, without limitation, the transportation system that serves the property, whether public or
private and whether constructed by the developer or not:
1. How are high speeds discouraged or a physical separation between streets and the project provided?
Vehicles can only access the site from the alley. There are no driveways or roads on the property.
2. How are potential conflicts with vehicles minimized?
Vehicles can only access the site from the alley.
3. How are safe and convenient connections accessible to the public within the project and between the project and
existing and proposed transportation systems provided, including without limitation streets, bikeways, pedestrian
ways and trails?
The site is accessible to pedestrians and bicyclists from the sidewalk on Pearl Street and the alley ROW.
4. How are alternatives to the automobile promoted by incorporating site design techniques, land use patterns, and
supporting infrastructure that supports and encourages walking, biking, and other alternatives to the single occupant
vehicle?
A TDM plan is proposed that would support and promote the use of alternative transportation in a variety of
ways.
We propose to exceed both the long-term bicycle parking requirements and the short-term bicycle parking
requirements established by the City.
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Attachment D - Site Review Plan Set
5. Where practical and beneficial, how is a significant shift away from single- occupant vehicle use to alternate modes
promoted through the use of travel demand management techniques?
Please refer to the TDM plan submitted with the Site Review Application
6. What on-site facilities for external linkage with other modes of transportation are provided, where applicable?
Not Applicable
7. How is the amount of land devoted to the street system minimized?
There is no on-site street system.
8. How is the project designed for the types of traffic expected, including, without limitation, automobiles, bicycles,
and pedestrians, and how does it provide safety, separation from living areas, and control of noise and exhaust?; and
Traffic entering and leaving the proposed development will do so through the alley. We have placed residential units
on the 2nd and 3rd floors to separate them from noise and exhaust.
9. How will city construction standards be met, and how will emergency vehicle use be facilitated?
City construction standards will be met by following the Design and Construction Standards where applicable.
Emergency vehicles will have access to the project’s buildings from Pearl Street and the alley if necessary.
E. Parking:
1. How does the project incorporate into the design of parking areas, measures to provide safety, convenience, and
separation of pedestrian movements from vehicular movements?
All of the parking is accessed from the alley. Pedestrian walkways and lighting have been carefully located to
provide safe, and convenient access from the building to the parking areas. During queueing residents will wait in
the delivery / auto queueing area when waiting for the auto elevator. This will be communicated to the apartment
renters in their leasing package and to condo owners in their operations manual.
2. How does the design of parking areas make efficient use of the land and use the minimum amount of land
necessary to meet the parking needs of the project?
The proposal places the parking underground and utilizes a compact auto elevator in lieu of a typical parking ramp to
reduce the amount of area dedicated to cars and vehicular circulation.
3. How are the parking areas and lighting designed to reduce the visual impact on the project, adjacent properties
and adjacent streets?
The parking is located below ground to reduce its visual impact from Pearl and 18th Street. Lighting has been
designed with luminaires that provide for adequate safety and security while reducing light pollution that allows for an
environmentally sensitive nighttime atmosphere for both the proposed development and adjacent properties.
4. How do the parking areas utilize landscaping materials to provide shade in excess of the requirements in
Subsection 9-9-6(d), and Section 9-9-14, “Parking Lot Landscaping Standards,” B.R.C. 1981?
No parking lot landscaping is provided since we are not building a parking lot. All lighting will meet DCS standards.
(F) Building Design, Livability and Relationship to the Existing or Proposed Surrounding Area:
1. How is the building height, mass, scale, orientation, architecture and configuration compatible with the existing
character of the area or the character established by adopted design guidelines or plans for the area?
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Attachment D - Site Review Plan Set
The proposed building character generally follows the recommendations of the Downtown Design Guidelines for the
Interface Zone. The building will not exceed the maximum 38’ height allowed in DT-2 zone. The full 15’ setback along
the alley will be provided. The floor area on the third floor is setback from Pearl Street to reduce the scale of the
building.
2. How are the height of buildings in general proportion to the height of existing buildings and the proposed projected
heights of approved buildings or approved plans or design guidelines for the immediate area:
Our three story, 38’ tall proposal is compatible with the height and scale of buildings in the surrounding DT zones and
adjacent buildings along Pearl Street. We are asking for a modification from the allowed two stories to three stories
through the site review process, but the building will never exceed the allowed 38’ in this zone.
3. How does the orientation of buildings minimize shadows on and blocking of views from adjacent properties?
The 15’ building setback along the alley will reduce shadows on the neighbors to the north, and the third floor is set
back along Pearl Street to maximize view corridors along Pearl.
4. If the character of the area is identifiable, how is the project made compatible by the appropriate use of color,
materials, landscaping, signs, and lighting?
The surrounding area does not have an identifiable material palette, and the character is of a mostly traditional
storefront architecture. The proposed building uses a simple palette of materials that emphasize the base of the
structure with added wood details around the storefront window openings. More modern storefront proportions like a
tall and open first floor and large display windows are married with more traditional elements like wood column
detailing at the retail level and goose-neck light fixtures and signage will make this project compatible with the
Downtown Pearl Street character. A slightly more modern fenestration proportion is used on the upper floors to
emphasize the residential use. The character of the proposed architecture pushes more modern with the two-story
accent element in the center of the Pearl Street façade that is located and detailed to emphasize the entrance to the
paseo that leads to the public court.
5. How do buildings present an attractive streetscape, incorporate architectural and site design elements appropriate
to a pedestrian scale, and provide for the safety and convenience of pedestrians?
The proposed building uses a simple palette of materials that emphasize the retail base of the structure for a more
pedestrian-friendly scale. Traditional storefront elements like a tall first floor, large display windows and goose-neck
light fixtures and signs will make this project compatible with Downtown Boulder’s Pearl Street character. Lighting is
designed to meet and exceed the standards of the City of Boulder and as such, will not only “fit in,” but it will enhance
the character of the building and safety of pedestrians.
8. For residential projects, how is noise minimized between units, between buildings, and from either on-site or off-
site external sources through spacing, landscaping, and building materials?
The building’s structure is currently planned to be built out of cast in place concrete and this will reduce the transfer of
sound vertically between the commercial spaces and residential units. Double stud demising walls will help with
horizontal noise movement between units on upper levels. Exterior walls on the east and west will be built out of
CMU and will greatly reduce any noise impacts between buildings.
9. If a lighting plan is provided, how does it augment security, energy conservation, safety, and aesthetics?
The lighting plan aims to provide safe and comfortable lighting levels along the alley and along Pearl Street.
Specialty lighting has been added to the window openings on Pearl Street to add a unique and beautiful addition to
the East Pearl neighborhood. Motion activated lighting fixtures are proposed where appropriate to conserve energy
and provide safety in that area.
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Attachment D - Site Review Plan Set
10. How does the project incorporate the natural environment into the design and avoid, minimize, or mitigate
impacts to natural systems?
The property is not in a natural environment.
11. How are cut and fill minimized on the site, and how does the design of buildings conform to the natural contours
of the land, and how does the site design minimize erosion, slope instability, landslide, mudflow or subsidence, and
minimize the potential threat to property caused by geological hazards?
This is an urban site so there aren’t any slopes or geological hazards.
(G) Solar Siting and Construction: For the purpose of insuring the maximum potential for utilization of solar energy
in the city, all applicants for residential site reviews shall place streets, lots, open spaces, and buildings so as to
maximize the potential for the use of solar energy in accordance with the following solar siting criteria:
1. Placement of Open Space and Streets. Open space areas are located wherever practical to protect buildings from
shading by other buildings within the development or from buildings on adjacent properties. Topography and other
natural features and constraints may justify deviations from this criterion. How is this criterion met?
This is a previously developed site so our proposal includes an infill building that meets the intent of the zone and
BVCP.
2. Lot Layout and Building Siting. Lots are oriented and buildings are sited in a way which maximizes the solar
potential of each principal building. Lots are designed to facilitate siting a structure which is unshaded by other
nearby structures. Wherever practical, buildings are sited close to the north lot line to increase yard space to the
south for better owner control of shading. How is this criterion met?
The building has been designed with an open court in the center to allow greater access to light and air for the
residences above. The property does not allow for increased yard space to the south since it is adjacent to Pearl
Street.
3. Building Form. The shapes of buildings are designed to maximize utilization of solar energy. Buildings shall meet
the solar access protection and solar siting requirements of Chapter 9-9- 17, "Solar Access," B.R.C. 1981. How is
this criterion met?
See the solar study in our proposal. We have set the proposed building back from the alley 15’ to allow the properties
to the north better solar access.
4. Landscaping. The shading effects of proposed landscaping on adjacent buildings are minimized. How is this
criterion met?
The proposed landscaping occurs within the court and along the alley, so shading on adjacent buildings will be
minimized. All trees proposed are deciduous trees that will provide beneficial shade in the summer and allow for
more solar access in the winter.
(H) Additional Criteria for Poles above the Permitted Height. No site review application for a pole above the
permitted height will be approved unless the approving agency finds all of the following:
1. The light pole is required for nighttime recreation activities, which are compatible with the surrounding
neighborhood, or the light or traffic signal pole is required for safety, or the electrical utility pole is required to serve
the needs of the city?; and
Not Applicable
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2. The pole is at the minimum height appropriate to accomplish the purposes for which the pole was erected and is
designed and constructed so as to minimize light and electromagnetic pollution. If applicable, how are these criteria
met?
Not Applicable
(I) Land Use intensity Modifications:
1. Potential Land Use Intensity Modifications:
a. The density of a project may be increased in the BR-1 district through a reduction of the lot area
requirement or in the Downtown (DT), BR-2 or MU-3 districts through a reduction in the open space
requirements
We are not requesting an open space reduction.
b. The open space requirements in all Downtown (DT) districts may be reduced by up to one hundred percent
c. We are not requesting an open space reduction.
d. The open space per lot requirements for the total amount of open space required on the lot in the BR-2
district may be reduced by up to fifty percent
Not Applicable
e. Land use intensity may be increased up to twenty-five percent in the BR-1 district through a reduction of the
lot area requirement.
Not Applicable
2. A land use intensity increase will be permitted up to the maximum amount set forth below if the approving agency
finds that the criteria in paragraph (h)(1) through Subparagraph (h)(2)(H) of this section and following criteria have
been met:
a. Open Space Needs Met: How have the project’s occupants and visitors needs for high quality and
functional useable open space been met?
Not applicable. We are not requesting an open space reduction.
b. Character of the Project and Area: The open space reduction does not adversely affect the character of the
development or the character of the surrounding area
Not applicable. We are not requesting an open space reduction.
c. Open Space and Lot Area Reductions: The specific percentage reduction in open space or lot area
requested by the applicant is justified by any one or combination of the following site design features not to
exceed the maximum reduction set forth above:
1. Close proximity to a public mall or park for which the development is specially assessed or to which
the project contributes funding of capital improvements beyond that required by the parks and
recreation component of the development excised tax set forth in chapter 3-8, “Development
Excise Tax,” B.R.C. 1981: maximum one hundred percent reduction in all Downtown (DT) districts
and ten percent in the BR-1 district;
Not applicable. We are not requesting an open space reduction.
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2. Architectural treatment that results in reducing the apparent bulk and mass of the structure or
structure and site planning which increases the openness of the site: maximum five percent
reduction;
Not applicable. We are not requesting an open space reduction.
.
3. A common park, recreation or playground area functionally useable and accessible by the
development’s occupants for active recreational purposes and sized for the number of inhabitants
of the development, maximum five percent reduction: or developed facilities within the project
designed to meet the active recreational needs of the occupants: maximum five percent reduction;
Not applicable. We are not requesting an open space reduction.
4. Permanent dedication of the development to use by a unique residential population whose needs
for conventional open space are reduced: maximum five percent reduction:
Not applicable. We are not requesting an open space reduction.
5. The reduction in open space in part of a development with a mix of residential and nonresidential
uses within a BR-2 zoning district that, due to the ratio of residential to nonresidential uses and
because of the size, type and mix of dwelling units, the need for open space is reduced: maximum
fifteen percent reduction: and
Not applicable. We are not requesting an open space reduction
6. The reduction in open space is part of a development with a mix of residential and nonresidential
uses within a BR-2 zoning district that provides high quality urban design elements that will meet
the needs of anticipated residents, occupants, tenants and visitors of the property or will
accommodate public gatherings, important activities or events in the life of the community and its
people, that may include, without limitation, recreational or cultural amenities, intimate spaces that
foster social interaction, street furniture, landscaping and hard surface treatments of the open
space: maximum twenty-five percent reduction.
Not applicable. We are not requesting an open space reduction
d. (J) Additional Criteria for Floor Area Ratio Increase for Buildings in the BR-1 district:
Not applicable
(K) Additional Criteria for Parking Reductions: The off-street parking requirements of Section 9-9-6, “Parking
Standards,” B.R.C. 1981, may be modified as follows:
Not applicable. We are not requesting a parking reduction
i. Process: The city manager may grant a parking reduction not to exceed fifty percent of the required parking.
The planning board or city council may grant a reduction exceeding fifty percent.
ii. Criteria: Upon submission of documentation by the applicant of how the project meets the following criteria,
the approving agency may approve proposed modifications to the parking requirements of Section 9-9-6,
“Parking Standards,” B.R.C. 1981 (see tables 9-1, 9-2, 9-3, and 9-4), if it finds that:
a. For residential uses, the probable number of motor vehicles to be owned by occupants of and visitors to
dwellings in the project will be adequately accommodated:
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b. The parking needs of any nonresidential uses will be adequately accommodated through on-street parking
or off-street parking:
c. A mix of residential with either office or retail uses is proposed, and the parking needs of all uses will be
accommodated through shared parking:
.
d. If joint use of common parking areas is proposed, varying time periods of use will accommodate proposed
parking needs: and
e. If the number of off-street parking spaces is reduced because of the nature of the occupancy, the applicant
provides assurances that the nature of the occupancy will not change.
(L) Additional Criteria for Off-Site Parking: The parking required under Section 9-9-6, “Parking Standards,” B.R.C.
1981, may be located on a separate lot if the following conditions are met:
Not Applicable
HEIGHT MODIFICATION:
Not Applicable
End of Written Statement
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www.theSTUDIOarchitecture.com - 1350 Pine Street | Suite 1 | Boulder | CO | 80302 - 866 | 529 | 9130
September 30, 2019
REVISED 03/30/2020 (See underlined text)
LUR2018-00073
RE: 1737 Pearl – Parking Management Plan
This parking management plan is in response to City Staff comments regarding the proposed auto
elevator for the 1737 Pearl Street project.
I. Staff has concerns that the location and operations of the auto elevator will require waiting
vehicles to queue into the alley right-of-way and obstruct vehicle circulation within the alley
Response: This proposal has provided for a generous delivery/auto queueing area adjacent to
the elevator entry and off of the alley that will allow vehicles to wait for the elevator in the event
that it is occupied. This will be communicated to the apartment renters in their leasing package
and to the condo owners in their operations manual. Deliveries for the Retail spaces will be
scheduled for off-peak hours to minimize the chances that the waiting area will be occupied by a
delivery truck. In the event that a delivery truck is occupying the waiting area and the elevator is
in use, the waiting vehicle will have to pause in the alley until the waiting area is vacant or the
elevator is ready for use. The alley does has a 20’ right-of-way which would allow other vehicles to
safely pass the waiting vehicle.
II. Maintenance and repair plan
Response: The Ownership group intends to execute a service contract with the auto elevator
manufacturer, which will include urgent service calls. Maintenance for the elevator will be
performed at the required intervals per the elevator manufacturer. The property Owner’s
Association will oversee the maintenance of the auto elevator and the cost. MEI elevator has an
elevator repair service facility on E 42nd Ave in Denver, so response time for maintenance and
repairs will be minimized.
III. How will funds be set aside or collected for the maintenance and repair of the auto elevator
Response: The cost of the auto elevator’s maintenance service contract will be allocated to the
residential units on a pro-rata basis as part of their Owner’s Association dues. Additionally, the
Owner’s Association will develop and implement a small annual budget for a ride share service in
the event the auto elevator is out of service during times that restrict residents from using their
vehicles.
IV. How will vehicles that can’t be accommodated by the elevator and where those vehicles will
park on the site
Response: The elevator will be the size of a typical Boulder parking space (9’x19’) and will be able
to accommodate vehicles up to 98” in height (per ADA standards for accessible van height). This
system will be able to accommodate the same vehicles that could be accommodated with a
typical “ramp accessed” parking garage.
V. Detail the necessary supporting equipment or cabinets and where the supporting equipment
will be located on site
Response: A detailed specification for Holeless Freight Elevators has been included with this
resubmittal. Refer to the specification for detailed information. An elevator machine room
(EMR) has been provided in the parking garage level, directly adjacent to the elevator which will
house the required mechanical equipment. An emergency backup generator will be provided on
the roof to support the elevator functions in an emergency.
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www.theSTUDIOarchitecture.com - 1350 Pine Street | Suite 1 | Boulder | CO | 80302 - 866 | 529 | 9130
Transportation Demand Management Plan for 1737 Pearl Street
12/3/2018
REVISED 07/08/2019
REVISED 09/30/2019
REVISED 11/11/2019
Introduction
1737 Pearl Street is a 14,111 SF property on the north side of Pearl Street near the corner of 18th Street and is within
the CAGID boundary. The proposal for the site includes a new thee-story, mixed-use building with a total of 10
residential units on the second floor, 4 units on the third floor and retail, retail service and access to the below grade
parking on the ground floor. A loading space and access to the trash room are also provided at grade off of the alley.
This proposal includes adding short-term bicycle parking to the existing short-term bicycle parking on the NW corner
of Pearl St. and 18th as well as some short-term bicycle parking to the Pearl Street ROW directly adjacent to the
subject property. The alley will see improved paving and the addition of trees, planters, and lighting. Also, the
existing overhead utility lines in the alley will be undergrounded.
Existing Transit Service
Figure 1, indicates the existing transit routes and bus stops adjacent to or in the vicinity of the site. The site is 0.4
miles (8 min. walk) from the Downtown Boulder Bust Transit Station which provides a wide variety of regional bus
service including routes to Denver, DIA and elsewhere.
Being located in Downtown Boulder, the property also has great access to demand responsive services such as
peer-to-peer ridesharing, ride service hailing, food delivery, and bicycle sharing systems (Uber, Lyft, etc.).
Existing Bicycle and Pedestrian Network
Figure 2 shows the bike routes and pedestrian amenities in the vicinity of the site. The city of Boulder maintains an
extensive bicycle and pedestrian network throughout the city.
Transportation Demand Management (TDM) Strategy for Commercial and Residential uses
Table 1 shows the City of Boulder’s draft commercial development toolkit packages. The “core elements” section of
the table shows elements required of all new commercial developments, including:
· meeting the short- and long-term bicycle parking code
· participation in eGo car share and B-Cycle bike share where appropriate
· pedestrian and bicycle enhancements
· consideration of showers and changing facilities
· establishing a transportation information center.
One toolkit option is available under City of Boulder standards for the CAGID area: Package A. Package A requires
participation in the BECO bus pass program for employees and management of off-street parking if appropriate.
Table 2 shows the actions that the 1737 Pearl developer intends to implement to increase the percentage of
alternative travel modes.
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1737 Pearl
Figure 1 - Bus routes and transit stops in the vicinity of the 1737 Pearl site.
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Figure 2 (Legend)
Figure 2 – Pedestrian amenities and bike routes in the vicinity of the 1737 Pearl site.
1737 Pearl
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www.theSTUDIOarchitecture.com03/30/202001Boulder, CO1737 PEARL STNAVYAERIAL VIEW FROM SOUTHEASTItem 4A - Call Up Consideration; 1727 and 1737 Pearl Street Site Review Page 29 of 263Attachment D - Site Review Plan Set
www.theSTUDIOarchitecture.com0203/30/2020Boulder, CO1737 PEARL STNAVYAERIAL VIEW FROM SOUTHWESTItem 4A - Call Up Consideration; 1727 and 1737 Pearl Street Site Review Page 30 of 263Attachment D - Site Review Plan Set
www.theSTUDIOarchitecture.com03/30/202003Boulder, CO1737 PEARL STNAVYVIEW FROM ACROSS PEARL ST.Item 4A - Call Up Consideration; 1727 and 1737 Pearl Street Site Review Page 31 of 263Attachment D - Site Review Plan Set
www.theSTUDIOarchitecture.comFEATURE WALL - FINAL DESIGN TO BE SHOWN AT TEC DOC. MATERIALS TO BE USED WILL BE A "WOOD LOOK" MATERIAL,A STONE VENEER, A PORCELAIN TILE, OR A COMBINATIONOF THOSE.03/30/202004Boulder, CO1737 PEARL STNAVYFEATURE WALL PERSPECTIVEItem 4A - Call Up Consideration; 1727 and 1737 Pearl Street Site Review Page 32 of 263Attachment D - Site Review Plan Set
SITE REVIEWNOT FOR CONSTRUCTIONCOPYRIGHTCSheet Issue & Revision LogIt is the client's responsibility prior to or during construction to notify the architect inwriting of any perceived errors or omissions in the plans and specifications ofwhich a contractor thoroughly knowledgeable with the building codes and methodsof construction should reasonably be aware. Written instructions addressing suchperceived errors or omissions shall be received from the architect prior to the clientor client's subcontractors proceeding with the work. The client shall be responsiblefor any defects in construction if these procedures are not followed.NoDate Description801 MAIN STREET, SUITE 225LOUISVILLE, CO 80027 303.981.9238PROJECT CONTACT: CURTIS STEVENS, P.E.4913 Valkyrie Dr.BW Sons & Daughters LLCBoulder, Colorado 80301720.938.6918NAVY1737 PEARL ST. BOULDER, CO 80302STUDIO Project No:FOR REFERENCE ONLY18_009_0012/03/18 SITE REVIEW07/08/19 SITE REVIEW REVISION #109/30/19 SITE REVIEW REVISION #211/11/19 SITE REVIEW REVISION #303/30/20 SITE REVIEW REVISION #4CIVIL DEMOPLANSR-C1.00Item 4A - Call Up Consideration; 1727 and 1737 Pearl Street Site Review Page 33 of 263Attachment D - Site Review Plan Set
UPUPUPUPSITE REVIEWNOT FOR CONSTRUCTIONCOPYRIGHTCSheet Issue & Revision LogIt is the client's responsibility prior to or during construction to notify the architect inwriting of any perceived errors or omissions in the plans and specifications ofwhich a contractor thoroughly knowledgeable with the building codes and methodsof construction should reasonably be aware. Written instructions addressing suchperceived errors or omissions shall be received from the architect prior to the clientor client's subcontractors proceeding with the work. The client shall be responsiblefor any defects in construction if these procedures are not followed.NoDate Description801 MAIN STREET, SUITE 225LOUISVILLE, CO 80027 303.981.9238PROJECT CONTACT: CURTIS STEVENS, P.E.4913 Valkyrie Dr.BW Sons & Daughters LLCBoulder, Colorado 80301720.938.6918NAVY1737 PEARL ST. BOULDER, CO 80302STUDIO Project No:FOR REFERENCE ONLY18_009_0012/03/18 SITE REVIEW07/08/19 SITE REVIEW REVISION #109/30/19 SITE REVIEW REVISION #211/11/19 SITE REVIEW REVISION #303/30/20 SITE REVIEW REVISION #4PRELIMINARYUTILITY PLANSR-C2.00Item 4A - Call Up Consideration; 1727 and 1737 Pearl Street Site Review Page 34 of 263Attachment D - Site Review Plan Set
UPUPUPUPCOPYRIGHTCSheet Issue & Revision LogIt is the client's responsibility prior to or during construction to notify the architect inwriting of any perceived errors or omissions in the plans and specifications ofwhich a contractor thoroughly knowledgeable with the building codes and methodsof construction should reasonably be aware. Written instructions addressing suchperceived errors or omissions shall be received from the architect prior to the clientor client's subcontractors proceeding with the work. The client shall be responsiblefor any defects in construction if these procedures are not followed.NoDate Description801 MAIN STREET, SUITE 225LOUISVILLE, CO 80027 303.981.9238PROJECT CONTACT: CURTIS STEVENS, P.E.4913 Valkyrie Dr.BW Sons & Daughters LLCBoulder, Colorado 80301720.938.6918NAVY1737 PEARL ST. BOULDER, CO 80302STUDIO Project No:FOR REFERENCE ONLY18_009_0012/03/18 SITE REVIEW07/08/19 SITE REVIEW REVISION #109/30/19 SITE REVIEW REVISION #211/11/19 SITE REVIEW REVISION #303/30/20 SITE REVIEW REVISION #4SITE REVIEWNOT FOR CONSTRUCTIONPRELIMINARYGRADING PLANSR-C3.00Item 4A - Call Up Consideration; 1727 and 1737 Pearl Street Site Review Page 35 of 263Attachment D - Site Review Plan Set
COPYRIGHTCSheet Issue & Revision LogIt is the client's responsibility prior to or during construction to notify the architect inwriting of any perceived errors or omissions in the plans and specifications ofwhich a contractor thoroughly knowledgeable with the building codes and methodsof construction should reasonably be aware. Written instructions addressing suchperceived errors or omissions shall be received from the architect prior to the clientor client's subcontractors proceeding with the work. The client shall be responsiblefor any defects in construction if these procedures are not followed.NoDate Description801 MAIN STREET, SUITE 225LOUISVILLE, CO 80027 303.981.9238PROJECT CONTACT: CURTIS STEVENS, P.E.4913 Valkyrie Dr.BW Sons & Daughters LLCBoulder, Colorado 80301720.938.6918NAVY1737 PEARL ST. BOULDER, CO 80302STUDIO Project No:FOR REFERENCE ONLY18_009_0012/03/18 SITE REVIEW07/08/19 SITE REVIEW REVISION #109/30/19 SITE REVIEW REVISION #211/11/19 SITE REVIEW REVISION #303/30/20 SITE REVIEW REVISION #4SITE REVIEWNOT FOR CONSTRUCTIONPRELIMINARYWQ SECTIONSSR-C3.01Item 4A - Call Up Consideration; 1727 and 1737 Pearl Street Site Review Page 36 of 263Attachment D - Site Review Plan Set
COPYRIGHTCSheet Issue & Revision LogIt is the client's responsibility prior to or during construction to notify the architect inwriting of any perceived errors or omissions in the plans and specifications ofwhich a contractor thoroughly knowledgeable with the building codes and methodsof construction should reasonably be aware. Written instructions addressing suchperceived errors or omissions shall be received from the architect prior to the clientor client's subcontractors proceeding with the work. The client shall be responsiblefor any defects in construction if these procedures are not followed.NoDate Description801 MAIN STREET, SUITE 225LOUISVILLE, CO 80027 303.981.9238PROJECT CONTACT: CURTIS STEVENS, P.E.4913 Valkyrie Dr.BW Sons & Daughters LLCBoulder, Colorado 80301720.938.6918NAVY1737 PEARL ST. BOULDER, CO 80302STUDIO Project No:FOR REFERENCE ONLY18_009_0012/03/18 SITE REVIEW07/08/19 SITE REVIEW REVISION #109/30/19 SITE REVIEW REVISION #211/11/19 SITE REVIEW REVISION #303/30/20 SITE REVIEW REVISION #4EXISTING CONDITIONSDRAINAGE PLANSR-C4.00SITE REVIEWNOT FOR CONSTRUCTIONItem 4A - Call Up Consideration; 1727 and 1737 Pearl Street Site Review Page 37 of 263Attachment D - Site Review Plan Set
UPUPUPUPCOPYRIGHTCSheet Issue & Revision LogIt is the client's responsibility prior to or during construction to notify the architect inwriting of any perceived errors or omissions in the plans and specifications ofwhich a contractor thoroughly knowledgeable with the building codes and methodsof construction should reasonably be aware. Written instructions addressing suchperceived errors or omissions shall be received from the architect prior to the clientor client's subcontractors proceeding with the work. The client shall be responsiblefor any defects in construction if these procedures are not followed.NoDate Description801 MAIN STREET, SUITE 225LOUISVILLE, CO 80027 303.981.9238PROJECT CONTACT: CURTIS STEVENS, P.E.4913 Valkyrie Dr.BW Sons & Daughters LLCBoulder, Colorado 80301720.938.6918NAVY1737 PEARL ST. BOULDER, CO 80302STUDIO Project No:FOR REFERENCE ONLY18_009_0012/03/18 SITE REVIEW07/08/19 SITE REVIEW REVISION #109/30/19 SITE REVIEW REVISION #211/11/19 SITE REVIEW REVISION #303/30/20 SITE REVIEW REVISION #4PROPOSED CONDITIONSDRAINAGE PLANSR-C4.01SITE REVIEWNOT FOR CONSTRUCTIONItem 4A - Call Up Consideration; 1727 and 1737 Pearl Street Site Review Page 38 of 263Attachment D - Site Review Plan Set
UPUPUPUPAeccDbCogoPoint (AeccLand120)0010'20'NLandscape SummaryWater Quality Planter (typ)See CivilPlant ListLandscape Notes1. 1. Landscaping Schedule: (a) Nothing shall be planted between October 15 and March 1withoutprior written approval of the City. Stock, other than container-grown stock, shall not be plantedbetween June 1 and September 1 without prior written approval of the City. Bare root stock shall notbe planted after April 30 or if plants have begun to leaf out. (b) Nothing shall be planted duringfreezing or excessively windy, hot, or wet weather or when the ground conditions cannot be properlyworked for digging, mixing, raking, or grading. (c) Nothing shall be planted until the adjacent siteimprovements, pavements, irrigation installation and finish grading is completed. The contractorshall test the irrigation system in the presence of the Director. The irrigation system shall be inapproved, operating condition prior to any planting.2. Site preparation and all planting shall be completed, at a minimum, in accordance with the City ofBoulder Design and Construction Standards. Site preparation shall include tilling the soil to aminimum depth of six inches below the finished grade, together with soil amendments that areappropriate to ensure the health and sustainability of the landscaping to be planted.3. Turf grass shall be limited to a maximum of 25 percent of all landscape areas on the site.4. All planting beds and a 3-foot diameter ring at the base of each tree within sod or seeded areas shallbe mulched with organic mulch at least 4” deep.5. Gravel, rock mulch, or crusher fines shall not be used under trees or any planting areas. Rock orgravel may only be used as a specific ornamental feature in limited areas (such as at the bottom of adrainage swale or dry river bed) or as a pedestrian path or patio.6. Weed barrier fabric shall not to be used in any planting areas.7. All plants shall be grouped by water needs. A minimum of 75 percent of all landscaped areas(including any turf grass) must use low to moderate water demand plants. The landscape shall bedesigned so that, at maturity, not more than 10 percent of the landscaped area is exposed mulch.8. All landscape areas shall be watered by an automatic irrigation system. The irrigation system mustbe zoned to deliver different appropriate amounts of water to different plant zones. The site shouldbe irrigated with drip irrigation, bubbler, or micro-spray systems. All trees will be zoned separatelyfrom turf grass. All irrigation zones shall use a smart system that adjusts for rainfall, soil moisture,and other weather factors.9. Protective Maintenance: An applicant for construction approval shall provide maintenance and carefor all existing trees required to be protected in the public right-of-way adjacent to any project orconstruction site during construction activities and the public improvement warranty period to ensurethat existing trees survive and are not damaged. Refer to Chapter 3 of the Design and ConstructionStandards for all tree protection requirements. (Only applicable to existing public street trees orexisting private trees that will meet the street tree requirements of section 9-9-13 BRC 1981)10. All new trees shall be located a minimum of 10’ from any existing water or sewer utility lines or fromlight poles or overhead utility poles. All new utility lines shall be located a minimum of 10’ from anyexisting public street tree.11. Tree Inventory provided by Boulder Tree & Landscape Consulting.12. All Green Ash on site shall be maintained in good health. Should their replacement be warranteddue to decline caused by EAB or other factors they will be replace with 2" Celtis occidentalis.13. All planting bed to receive 3" of Western Red Cedar Mulch. No weed barrier is to be used undergroundcover or perennials.Landscape LegendOrnamental TreeExisting Treeto RemainShrubGroundcover/GrassConcrete PavingBike RackCs (18)1350 Pine Street, Suite 6STUDIO ARCHITECTUREBoulder, CO 80302theSTUDIOarchitecture.com866.529.9130COPYRIGHTPLOT DATE:CSTUDIO Project No:Sheet Issue & Revision LogIt is the client's responsibility prior to or during construction to notify the architect inwriting of any perceived errors or omissions in the plans and specifications ofwhich a contractor thoroughly knowledgeable with the building codes and methodsof construction should reasonably be aware. Written instructions addressing suchperceived errors or omissions shall be received from the architect prior to the clientor client's subcontractors proceeding with the work. The client shall be responsiblefor any defects in construction if these procedures are not followed.NoDate DescriptionFOR REFERENCE ONLYDRAWN BY:REVIEWED BY:SR-L1.00LANDSCAPE PLANNAVY18_009_001737 PEARL ST. BOULDER, CO 80302JWBJWB12/03/18 SITE REVIEW07/12/19 SITE REVIEW REVISION #12601 Spruce Street, Unit AJB FIELDWoRKSBoulder, CO 80302jbfieldworks.com734.6262.5467At (1)Ps (42)Raised Planter1L3.00Existing Street Trees in Grate to Remain (typ)Existing Bike Racks to Remain (2)Cm (86)3.03L2.0009/30/19 SITE REVIEW REVISION #2New Inverted "U" Bicycle Rack (3)11/11/19 SITE REVIEW REVISION #3Bf (2)Hs (70)03/30/20 SITE REVIEW REVISION #4Item 4A - Call Up Consideration; 1727 and 1737 Pearl Street Site Review Page 39 of 263Attachment D - Site Review Plan Set
1350 Pine Street, Suite 6STUDIO ARCHITECTUREBoulder, CO 80302theSTUDIOarchitecture.com866.529.9130COPYRIGHTPLOT DATE:CSTUDIO Project No:Sheet Issue & Revision LogIt is the client's responsibility prior to or during construction to notify the architect inwriting of any perceived errors or omissions in the plans and specifications ofwhich a contractor thoroughly knowledgeable with the building codes and methodsof construction should reasonably be aware. Written instructions addressing suchperceived errors or omissions shall be received from the architect prior to the clientor client's subcontractors proceeding with the work. The client shall be responsiblefor any defects in construction if these procedures are not followed.NoDate DescriptionFOR REFERENCE ONLYDRAWN BY:REVIEWED BY:SR-L2.00CITY OF BOULDERNAVY18_009_001737 PEARL ST. BOULDER, CO 80302JWBJWB12/03/18 SITE REVIEW07/12/19 SITE REVIEW REVISION #12601 Spruce Street, Unit AJB FIELDWoRKSBoulder, CO 80302jbfieldworks.com734.6262.5467STANDARD DETAILS09/30/19 SITE REVIEW REVISION #211/11/19 SITE REVIEW REVISION #303/30/20 SITE REVIEW REVISION #4Item 4A - Call Up Consideration; 1727 and 1737 Pearl Street Site Review Page 40 of 263Attachment D - Site Review Plan Set
1L3.00RAISED PLANTERSCALE: 1" = 1'-0"12458PLANTING MIX, COMPACTED TO 80%HOLD TOP OF SOIL 1" BELOW BOTTOM OF CAPPRECAST CONCRETE WALL CAPCONCRETE TOPING SLAB, SEE ARCHDECIDUOUS CANOPY TREE (SEE PLANTING DETAIL 3.02/L-2)3251'-3"2'-3"6'-0"4"13BRICK FACED MASONRY WALL, COLOR AND TYPE TO MATCH BUILDING41350 Pine Street, Suite 6STUDIO ARCHITECTUREBoulder, CO 80302theSTUDIOarchitecture.com866.529.9130COPYRIGHTPLOT DATE:CSTUDIO Project No:Sheet Issue & Revision LogIt is the client's responsibility prior to or during construction to notify the architect inwriting of any perceived errors or omissions in the plans and specifications ofwhich a contractor thoroughly knowledgeable with the building codes and methodsof construction should reasonably be aware. Written instructions addressing suchperceived errors or omissions shall be received from the architect prior to the clientor client's subcontractors proceeding with the work. The client shall be responsiblefor any defects in construction if these procedures are not followed.NoDate DescriptionFOR REFERENCE ONLYDRAWN BY:REVIEWED BY:SR-L3.00LANDSCAPE NAVY18_009_001737 PEARL ST. BOULDER, CO 80302JWBJWB12/03/18 SITE REVIEW07/12/19 SITE REVIEW REVISION #12601 Spruce Street, Unit AJB FIELDWoRKSBoulder, CO 80302jbfieldworks.com734.6262.5467DETAILS1'-0"6"789676" WIDE TRENCH DRAIN WITH DECORATIVE GRATEPROVIDE 3" DIA. PERFORATED PIPE WITH 1" WEEPS, 2' O.C.69GEOTEXTILE FABRIC OVER 4" GRAVEL DRAINAGE LAYER WATERPROOF INSIDE OF MASONRY WALL8'-0"09/30/19 SITE REVIEW REVISION #211/11/19 SITE REVIEW REVISION #303/30/20 SITE REVIEW REVISION #4Item 4A - Call Up Consideration; 1727 and 1737 Pearl Street Site Review Page 41 of 263Attachment D - Site Review Plan Set
www.theSTUDIOarchitecture.comPROJECT SITE:1727 & 1737 PEARL ST.NOTE:NO EXISTING TREES IN PROJECTSITE PER CITY OF BOULDERFORESTRY DATAN107/08/2019Boulder, CO1737 Pearl StreetNAVYTREE INVENTORYItem 4A - Call Up Consideration; 1727 and 1737 Pearl Street Site Review Page 42 of 263Attachment D - Site Review Plan Set
Item 4A - Call Up Consideration; 1727 and 1737 Pearl Street Site Review Page 43 of 263Attachment D - Site Review Plan Set
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Flatirons, Inc.Surveying, Engineering & Geomaticswww.FlatironsInc.com16406Item 4A - Call Up Consideration; 1727 and 1737 Pearl Street Site Review Page 45 of 263Attachment D - Site Review Plan Set
Flatirons, Inc.Surveying, Engineering & Geomaticswww.FlatironsInc.com16406Item 4A - Call Up Consideration; 1727 and 1737 Pearl Street Site Review Page 46 of 263Attachment D - Site Review Plan Set
November 8, 2019
Mr. Adam Wertz
1737 Pearl, LLC
4913 Valkyrie Drive
Boulder, CO 80301
Re: 1737 Pearl Street
Parking Garage Elevator
Queue Analysis
Boulder, CO
LSC #190210
Dear Mr. Wertz:
In response to your request, LSC Transportation Consultants, Inc. has prepared this Parking
Garage Entrance Queue Analysis for the proposed 1737 Pearl Street redevelopment in Boulder,
Colorado.
IMPACT AREA
Figure 1 shows the vicinity map. Figure 2 shows the conceptual site plan which includes the
location of the proposed parking garage elevator and the adjacent 20-foot public alley.
PROPOSED LAND USE AND ACCESS
The site is proposed to include 14 multi-family dwelling units above first floor retail space. The
10 residential units on the second floor will be for rent and the four residential units on the
third floor will be for sale. Full movement residential access is proposed to the alley north of
the site. The parking structure will be located under the building and will be accessed by a
vertical lift vehicle elevator. There is approximately 15 feet between the elevator door and the
south edge of the 20-foot public alley. The retail space is not required to provide parking spaces
because the site is located in the Central Area General Improvement District (CAGID). Retail
trips will likely be oriented to/from area parking garages or on-street parking. The conceptual
site plan is shown in Figure 2.
ALTERNATIVE TRAVEL MODES
An alternate travel mode share of 20 percent is expected based on the creation of a Travel De-
mand Management (TDM) plan. There are existing bus stops on Pearl Street near the inter-
section with 18th Street. There are existing sidewalks on both sides of Pearl Street, 17th Street,
and 18th Street. The 15th & Pearl Public Parking Garage is located about two blocks west of the
site.
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Mr. Adam Wertz Page 2 November 8, 2019
1737 Pearl Street Parking Garage Elevator Queue Analysis
TRIP GENERATION
Table 1 from the July 30, 2019 Trip Generation and Assignment Report by LSC shows the esti-
mated typical weekday, morning peak-hour, and afternoon peak-hour trip generation for the
site based on the rates from Trip Generation, 10th Edition, 2017, by the Institute of Trans-
portation Engineers (ITE).
The residential portion of the site is expected to generate about 103 one-way vehicle-trips on
the average weekday, with about half entering and half exiting the site during a 24-hour period.
During the morning peak-hour, which generally occurs for one hour between 6:30 and 8:30
a.m., about 2 vehicles would enter the garage and about 5 vehicles would exit the garage.
During the afternoon peak-hour, which generally occurs for one hour between 4:00 and 6:30
p.m., about 5 vehicles would enter the garage and about 3 vehicles would exit the garage.
These volumes are expected to be reduced by about 20 percent due to alternative travel modes
based on the creation of a Travel Demand Management (TDM) plan. The net trip generation
potential after the TDM reduction is two vehicles entering and four vehicles exiting the garage
during the morning peak-hour and four vehicles entering and three vehicles exiting the garage
during the afternoon peak-hour.
SERVICE RATE FOR VEHICLE ELEVATOR
The elevator manufacturer indicates a typical range of 24 to 27 seconds for the garage door to
open and close, move to the other level, and then open and close and return to the original
level. This range excludes driver perception/reaction time and the time it takes to pull in and
out of the elevator. A very conservative service rate of 60 seconds per vehicle was used in the
queuing analysis.
ARRIVAL RATE FOR VEHICLES
The trip generation section above shows two entering vehicles are expected to arrive at the
elevator in the morning peak-hour and four entering vehicles are expected to arrive at the ele-
vator in the afternoon peak-hour.
QUEUING ANALYSIS
The average queue lengths were estimated using a typical M/M/C Queuing Model which esti-
mates queuing based on the vehicle arrival rate compared to the vehicle service rate.
The probability of no entering vehicles being served at any given time in the afternoon peak-
hour is 93.34 percent.
The probability of one entering vehicle being served at any given time in the afternoon peak-
hour is 6.22 percent.
The probability of two entering vehicles being served at any given time in the afternoon peak-
hour is 0.41 percent.
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July 30, 2019
Mr. Adam Wartz
1737 Pearl, LLC
4913 Valkyrie Drive
Boulder, CO 80301
Re: 1737 Pearl Street
Boulder, CO
LSC #190210
Dear Mr. Wartz:
In response to your request, LSC Transportation Consultants, Inc. has prepared this Trip Gene-
ration and Assignment Report for the proposed 1737 Pearl Street redevelopment in Boulder,
Colorado.
IMPACT AREA
Figure 1 shows the vicinity map.
Area Roadways
The major roadways in the site’s vicinity are shown on Figure 1 and are described below.
• Pearl Street is an east-west, two-lane minor arterial roadway south of the site. The inter-
section with 17th Street is signalized and the intersection with 18th Street is unsignalized.
The posted speed limit in the vicinity of 17th Street is 20 mph with a transition to 30 mph
to the east. There are detached sidewalks on both sides of the roadway. There are bus
stops near the intersection with 18th Street.
•17th Street is a north-south, two-lane collector roadway west of the site. The intersection
with Pearl Street is signalized. No speed limit is posted in the vicinity of the site. There are
sidewalks and on-street parking on both sides of the roadway.
•18th Street is a north-south, two-lane local roadway east of the site. The intersection with
Pearl Street is unsignalized. No speed limit is posted in the vicinity of the site. There are
detached sidewalks and on-street parking on both sides of the roadway.
PROPOSED LAND USE AND ACCESS
The site is proposed to include about 14 multi-family dwelling units and about 7,677 square
feet of restaurant space. The 10 units on the second floor will be for rent and the four units on
Item 4A - Call Up Consideration; 1727 and 1737 Pearl Street Site Review Page 53 of 263
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Mr. Adam Wartz Page 2 July 30, 2019
1737 Pearl Street
the third floor will be for sale. Full movement residential access is proposed to the alley north
of the site. The restaurant space is not required to provide parking spaces because the site is
located in the Central Area General Improvement District (CAGID). Restaurant trips will likely
be oriented to/from area parking garages or on-street parking. The conceptual site plan is
shown in Figure 2.
ALTERNATIVE TRAVEL MODES
An alternate travel mode share of 20 percent is expected. There are existing bus stops on Pearl
Street near the intersection with 18th Street. There are existing sidewalks on both sides of Pearl
Street, 17th Street, and 18th Street. The 15th & Pearl Public Parking Garage is located about two
blocks west of the site.
TRIP GENERATION
Table 1 shows the estimated typical weekday, morning peak-hour, and afternoon peak-hour
trip generation for the site based on the rates from Trip Generation, 10th Edition, 2017, by the
Institute of Transportation Engineers (ITE).
The site is projected to generate about 964 one-way vehicle-trips on the average weekday, with
about half entering and half exiting the site during a 24-hour period. During the morning peak-
hour, which generally occurs for one hour between 6:30 and 8:30 a.m., about 44 vehicles would
enter and about 39 vehicles would exit the site. During the afternoon peak-hour, which
generally occurs for one hour between 4:00 and 6:30 p.m., about 52 vehicles would enter and
about 32 vehicles would exit the site. These volumes are expected to be reduced by about 20
percent due to alternative travel modes.
TRIP DISTRIBUTION
Figure 3 shows the estimated distribution of residential site-generated traffic. The restaurant
space is not required to provide parking spaces because the site is located in the Central Area
General Improvement District (CAGID). Restaurant trips will likely be oriented to/from area
parking garages or on-street parking.
TRIP ASSIGNMENT
Figure 4 shows the assignment of residential site-generated traffic assuming no reduction for
alternative travel modes to assure a conservative analysis.
OVERALL TRAFFIC IMPACTS
The project is expected to generate less than ten new residential trips during either peak-hour
and the restaurant trips will be disbursed among the various public parking alternatives in the
area. A traffic study should not be needed as the residential trip generation potential will be
relatively low and the restaurant trips will be well disbursed.
* * * * *
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Mr. Adam Wartz Page 3 July 30, 2019
1737 Pearl Street
We trust this information will assist you in planning for the proposed 1737 Pearl Street redeve-
lopment.
Respectfully submitted,
LSC Transportation Consultants, Inc.
By:
Christopher S. McGranahan, P.E., PTOE
Principal
CSM/wc
Enclosure: Table 1
Figures 1 - 4
W:\LSC\Projects\2019\190210-1737PearlTG&A\Report\1737Pearl-TG&A-073019.wpd
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Civil Engineering Solutions
The Sanitas Group, LLC 801 Main Street, Suite 225 I Louisville, CO 80027 720.346.1656
PRELIMINARY DRAINAGE REPORT
For
NAVY
1727 AND 1737 PEARL STREET REDEVELOPMENT
Boulder, Colorado
December 2018
Revised November 2019
Revised March 2020
Prepared For:
BW Sons & Daughters LLC
4913 Valkyrie Drive
Boulder, CO 80301
Contact: Adam Wertz
Prepared By:
The Sanitas Group, LLC
801 Main Street, Suite 225
Louisville, CO 80027
Contact: Curtis C. Stevens, P.E., CFM
Mark Murphy, P.E., CFM
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Civil Engineering Solutions
The Sanitas Group, LLC 801 Main Street, Suite 225 I Louisville, CO 80027 720.346.1656
PRELIMINARY DRAINAGE REPORT
For
NAVY
1727 AND 1737 PEARL STREET REDEVELOPMENT
Boulder, Colorado
TABLE OF CONTENTS
TECHNICAL APPENDICES
Vicinity Map, FEMA Flood Map, & Soil Information ............................................................................ Appendix A
Drainage Design Supporting Calculations Appendix B
EXHIBIT PLANS
Existing Conditions Drainage Plan [SHT DR1.0]Back Pocket
Proposed Conditions Drainage Plan [SHT DR2.0]Back Pocket
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Preliminary Drainage Report March 2020
NAVY - 1727 and 1737 Pearl Street Redevelopment P a g e | 1
The Sanitas Group, LLC 801 Main Street, Suite 225 I Louisville, CO 80027 720.346.1656
1.0 INTRODUCTION
This Preliminary Drainage Report [Report] is prepared on behalf of BW Sons & Daughters LLC for
the proposed NAVY 1727 and 1737 Pearl Street Redevelopment project. The purpose of this
report is to address the City of Boulder’s [City] requirements for a “Preliminary Storm Water Report
and Plan” as outlined in Chapter 7 “Storm Water Design”, “Design and Construction Standards” [1].
This Report documents the existing drainage conditions present at the site and provides an analysis
of the drainage conditions proposed for the NAVY 1727 and 1737 Pearl Street Redevelopment
project.
2.0 EXISTING SITE CONDITIONS
The proposed NAVY 1727 and 1737 Pearl Street Redevelopment project site is located on the
north side of Pearl Street between 17st Street and 18th Street. The site is in the Southwest quarter of
Section 30, Township 1 North, Range 70 West of the 6th P.M., County of Boulder, City of Boulder, State
of Colorado.
The 14,111-sf (0.324 acre) project site consists of two adjacent parcels and measures approximately
100-ft wide by 140-ft deep. The legal description is:
Lots 10 and 11, Block 91, Boulder Old Town East, County of Boulder, State of Colorado.
The adjacent lots are developed commercial properties.
As shown on the “Existing Conditions Drainage Plan” included in the back pocket of this report, the
existing 1727 Pearl Street parcel is currently developed with a multi-story commercial building and
associated private gravel parking/loading area on the north side of the building. The 1737 Pearl
Street parcel is currently developed with a single-story commercial building and associated private
asphalt parking/loading area on the north side of the building. There is a 20-ft wide alley that lies
immediately to the north of the project site.
USDA Natural Resources Conservation Services classified the soils on the property as Niwot Soils
(Nh) having a Group B hydrologic soil [2].
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NAVY - 1727 and 1737 Pearl Street Redevelopment P a g e | 2
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The property is shown as being outside the 100-year floodplain for Boulder Creek. The 500-year
floodplain does impact the site. There are no 500-year floodplain regulations that impact the
proposed development as no Critical Facilities are proposed.
3.0 PROPOSED DEVELOPEMENT
The proposed NAVY 1727 and 1737 Pearl Street Redevelopment project will include the
demolition of all existing site improvements and the construction of a three-story mixed-use building
with ground level commercial space and 14 residential units on the upper levels. Vehicular access to
the site will be from the existing alley to the north. A vehicle elevator will be located on the north
side of the building that will lower cars to an underground parking garage located in the basement
level of the proposed building. The section of the alley adjacent to the project site as well as the alley
section east to the intersection with 18th Street will be reconstructed and repaved with concrete. The
proposed development will maintain historic drainage patterns with flows being directed to the
southeast. The proposed development layout and grading is shown on the “Proposed Conditions
Drainage Plan” included in the back pocket of this report.
4.0 DESIGN CRITERIA
This Report was prepared using the criteria outlined in the City of Boulder “Design and Construction
Standards”, Chapter 7 “Storm Water Design” [Criteria] [1], the Urban Drainage and Flood Control
District [UDFCD] “Urban Storm Drainage Criteria Manual, Volumes 1 and 2” [4], and the Urban
Drainage and Flood Control District “Urban Storm Drainage Criteria Manual, Volume 3 – Best
Management Practices” [5].
5.0 HYDROLOGY
The rational method was used to calculate runoff rates for the 2-year, 5-year, 10-year and 100-year
storm events. The proposed project is a mixed-use commercial/residential development and the 5-
year and 100-year events are presented as the minor and major design storms, respectively.
Existing Conditions
The existing drainage basins are delineated on the “Existing Conditions Drainage Plan” provided in
the back pocket of this report. Drainage basin delineation, storm flow directions and off-site drainage
conditions were determined visually during a site visit in November 2018. The property is not
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NAVY - 1727 and 1737 Pearl Street Redevelopment P a g e | 3
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subject to any observable significant offsite tributary drainage. The property to the east is located
downstream of the site. The property to the west drains to the northeast and into the existing alley.
The project site will be designed to maintain these flow patterns.
The existing site has been delineated into two primary existing drainage basins. Basin Ax consists of
the existing west building and the asphalt and gravel parking areas located on the north side of the
existing buildings. Also included in Basin Ax are three concrete areas located on the north side of the
buildings. The roof drains to the north to downspouts that discharge to the surface on the north side
of the building. Runoff on the asphalt and gravel areas sheet flows to the north to the alley. The alley
slopes downward to the east towards 18th Street which slopes to the south to Pearl Street. From the
intersection of 18th Street and Pearl Street runoff flows east in Pearl Street to 21st Street where runoff
is intercepted by the City’s storm sewer system.
Basin Bx consists of the existing east building. The existing roof slopes to the south. The roof
drainage is piped to a sidewalk chase drain located in the Pearl Street sidewalk near the southeast
corner of the existing building which conveys the roof drainage to the street. Pearl Street drains to
the east as described above.
Existing conditions storm water runoff is presented in Table 5.1. Basin description, imperviousness,
weighted runoff coefficients, time of concentration and runoff values are provided for the existing
drainage basin on a worksheet labeled “Rational Method Calculations” provided in Appendix A. For
ease of reference, the existing conditions storm water flows are presented on the “Existing Conditions
Drainage Plan” provided in the back pocket of this report.
Table 5.1: Storm Runoff by Basin – Existing Conditions
Basin I.D. Design Point
5-year
Minor Design Storm Runoff
[cfs]
100-year
Major Design Storm Runoff
[cfs]
Ax 1 0.82 1.94
Bx 2 0.43 0.87
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Proposed Conditions
The proposed on-site drainage basins are delineated on the “Proposed Conditions Drainage Plan”
provided in the back pocket of this report. With the development proposal, the site is divided into
five primary drainage basins, Basins A1 through A4, B1 and B2. Basin A1 consists of the westerly
approximately 3/4 of the proposed building, with the exception of the courtyard area in the center
of the building. The roof drainage from Basin A1 will be piped to one of two rain gardens that will be
located on the north side of the building adjacent to the alley. Proposed permanent water quality
measures for the site are discussed in Section 7.0 below.
Basin A2 consists of the easterly approximately 1/4 of the proposed building. The roof drainage from
Basin A2 will be piped to the second rain garden that will be located on the north side of the building
adjacent to the alley.
Basin A3 covers the main loading and parking garage access drive area on the north side of the
building. This basin consists of concrete sloping towards the alley for 10-feet from the building wall
with a proposed 4-foot wide permeable paver band located adjacent to the alley to provide water
quality treatment to runoff from the adjacent concrete. See Section 7.0 for additional discussion
regarding the proposed permeable pavers.
Basin A4 consists of the remaining concrete and utility (transformers, etc.) on the north side of the
structure that discharge directly to the alley in a historic manner as it is not feasible to release to a
raingarden or permeable paver feature.
Basin B1 covers the small central open courtyard area, consisting of concrete patio and a landscape
planter. Runoff from Basin B1 will sheet flow to a trench drain system that will drain to the south
through the courtyard access walkway and into the relocated sidewalk chase drain in the Pearl Street
sidewalk. The existing sidewalk chase drain in Pearl Street will be removed and reconstructed
approximately 30 feet west of the existing location to convey the courtyard drainage to Pearl Street,
following historic drainage patterns. While the City of Boulder desires to eliminate sidewalk chase
drains wherever possible, the lack of storm sewer in the proximity of the project site prevents the
installation of standard drains and storm pipe to drain the proposed open courtyard, therefore the
project proposes to maintain a chase drain in this area. The proposed site layout will significantly
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NAVY - 1727 and 1737 Pearl Street Redevelopment P a g e | 5
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reduce the amount of area and flow discharging to the sidewalk chase, with a proposed
redevelopment discharge of 0.19 CFS and 0.38 CFS for the minor and major storm events,
respectively.
Basin B2 consists of the small areas of concrete along the south side of the proposed building. Runoff
from Basin B2 will sheet flow south into Pearl Street.
Proposed conditions storm water runoff for each basin is presented in Table 5.2. Basin description,
imperviousness, weighted runoff coefficients, time of concentration and runoff values are provided
for the proposed drainage basin on a worksheet labeled “Rational Method Calculations” provided in
Appendix B. For ease of reference, the proposed conditions storm water flows are presented on the
“Proposed Conditions Drainage Plan” provided in the back pocket of this report. A comparison of
Existing and Proposed Conditions runoff rates for the site discharge points is presented in Table 5.3.
Table 5.2: Storm Runoff by Sub-Basin – Proposed Conditions
Basin I.D.
5-year
Minor Design Storm Runoff
[cfs]
100-year
Major Design Storm Runoff
[cfs]
A1 0.84 1.71
A2 0.36 0.73
A3 0.06 0.14
A4 0.05 0.12
B1 0.19 0.38
B2 0.02 0.04
Table 5.3: Storm Runoff Comparison (With Detention)
Design
Point
5-year
Minor Design Storm Runoff
[cfs]
100-year
Major Design Storm Runoff
[cfs]
Existing
Conditions
Proposed
Conditions Δ Existing
Conditions
Proposed
Conditions Δ
1 0.82 0.65 -0.17 1.94 2.38 0.44
2 0.43 0.21 -0.22 0.87 0.42 -0.45
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Overall 1.25 0.86 -0.39 2.81 2.80 -0.01
The proposed conditions runoff rates entering the alley at Design Point 1 will decrease during the
minor storm and increase during the major storm. The runoff rates to Pearl Street at Design Point 2
will decrease for both the minor and major design storms.
6.0 STORM WATER DETENTION
The proposed redevelopment of the project site will increase the overall impervious area as well as
the expected peak runoff rates for both the minor and major storm events. Stormwater detention
volume will be provided in the two proposed rain gardens on the north side to store the increased
runoff from the site and release the runoff at the historic rate in accordance with Section 7.12 in the
Criteria. A storage volume equal to 110% of the difference between the historic and proposed
conditions runoff will be provided above the water quality capture volume (WQCV). Both the minor
and major storm runoff rates will be controlled by a weir opening on the north side of the rain
gardens where runoff will drain towards the alley, following historic drainage patterns. Due to the
lack of storm sewer in the area and proximity to the foundation, the raingarden features need to be
elevated. Therefore, portions of the area on the north side of the building cannot drain into the
raingardens and therefore will be free released. In order to limit impacts, a band of permeable pavers
is being provided between the primary loading/access area and the alley. These permeable pavers
will provide water quality and reduce runoff from the adjacent concrete. To be conservative in the
runoff analysis, for detention design purposes the permeable pavers are not included in the detention
analysis and are assumed to be at capacity or plugged, with the raingarden release rates adjusted to
control overall site releases to historic levels. See Section 7.0 for additional discussion regarding the
permeable pavers.
The internal courtyard will free release towards Pearl Street based on discussions with City staff as
due to the lack of storm sewer in the area it is not practicable to provide detention or formal water
quality for this area. The anticipated discharge rates from this area are minimal (less than 0.2 CFS
for the minor storm) and there are limited sources for pollutants in this area. Per discussions with
staff, the existing sidewalk chase drain will be relocated west to align with the courtyard access to
provide an outlet from runoff from the courtyard.
Item 4A - Call Up Consideration; 1727 and 1737 Pearl Street Site Review Page 68 of 263
Attachment D - Site Review Plan Set
Preliminary Drainage Report March 2020
NAVY - 1727 and 1737 Pearl Street Redevelopment P a g e | 7
The Sanitas Group, LLC 801 Main Street, Suite 225 I Louisville, CO 80027 720.346.1656
The section of the alley adjacent to the project site and out east to 18th Street will be reconstructed
with a concrete alley section to improve the conveyance capacity of the alley.
7.0 STORMWATER QUALITY AND EROSION CONTROL
The proposed project will increase the overall impervious area and runoff coefficients for the site;
therefore, the project is required to provide permanent water quality treatment. With existing and
proposed conditions impervious areas of 78% and 87%, respectively, the site is designed to meet the
Stormwater Quality Design Standard, Constrained WQCV Standard described in Section
7.15(C)(1)(d)(ii) in the Criteria. The Constrained WQCV Standard requires treatment and/or
infiltration of the runoff from at least 50% of the treatment area, including at least 50% of the
impervious area, for the 80th percentile, 0.6-inch storm event. The site proposes two raingarden
features as well as a band of permeable pavers on the north side of the site to treat as much of the
site runoff as possible. The proposed permanent water quality features are designed to provide
treatment of the runoff for approximately 82% of the site. Recessing the raingardens into grade to
allow the adjacent concrete areas to utilize them is not feasible as storm sewer is not present in the
project vicinity and full infiltration of the raingarden is not feasible due to proximity to the building
foundation and geotechnical requirements. The raingarden WQCV is designed to drain in 12 hours
via orifices per UDFCD.
The remaining portion of the north side of the site between the building and alley not covered by
raingarden consists primarily of concrete and utilities. The areas on the east and west end are
constrained by utility (electric and gas) facilities as well as egress requirements, therefore these
areas (totaling approximately 0.013 -Acres) will free release to the alley. A small landscape area has
been included on the east side of the loading area for a tree and to collect initial raingarden discharge.
The westerly rain garden area was adjusted to account for a tree to be planted in the rain garden.
Due to the small size of the rain garden, the largest anticipated tree diameter is 12-inches, therefore
the westerly rain garden area was reduced by 1-s.f. The central portion of concrete serving as the
access to the parking garage as well as for deliveries, etc. will have a permeable paver band installed
to provide water quality since this area will see frequent vehicular movements. The permeable paver
system will be based on a full infiltration design due to the lack of storm sewer outfall. While full
infiltration of the raingardens was not possible, the anticipated small discharge rate from Basin A3
into the pavers (0.04 CFS for the 2-year storm and 0.14 CFS for the 100-year) and the fact that the
Item 4A - Call Up Consideration; 1727 and 1737 Pearl Street Site Review Page 69 of 263
Attachment D - Site Review Plan Set
Preliminary Drainage Report March 2020
NAVY - 1727 and 1737 Pearl Street Redevelopment P a g e | 8
The Sanitas Group, LLC 801 Main Street, Suite 225 I Louisville, CO 80027 720.346.1656
pavers can be placed 10-feet from the foundation; we feel the permeable pavers in this area will
provide some water quality and runoff impact benefit while not creating a groundwater impact on
the proposed structure or adjacent structures. The project geotechnical report indicates a 10-12-
foot layer of slightly clayey sand and gravel on the site. Formal infiltration testing of the existing
conditions is still to be performed but utilizing guidelines for septic system design in the area the
sandy-gravel soils identified by the project geotechnical engineer would typically require a Long-
Term Acceptance Rate (LTAR) of 0.8-1.0 in/hr for design purposes. Septic LTAR design rates are
typically lower than field infiltration testing rates, but lacking field testing at this time we are utilizing
the lower septic design rate of 0.8 in/hr. Applied over the 220 S.F. paver footprint results in a
preliminary infiltration capacity of 14.67 C.F. per hour or 176 C.F. per 12-Hour WQ drain period. The
required WQCV for the paver system is 12 C.F and the provided volume is 37 C.F. Applying the
recommended 2x safety factor, the preliminary design is still below the 12-hr drain capacity of the
system.
Construction Best Management Practices [BMPs] will be installed prior to and during construction,
to restrict the amount of sediment transported offsite by either wind or water. Construction BMPs
include vehicle tracking control at the construction entrance, silt fencing, concrete washouts and dust
control. Detailed construction stormwater management plans will be provided at the time of
Technical Document Review as necessary.
8.0 WETLAND IMPACTS
There are no known wetlands located on the project site.
9.0 CONCLUSIONS
This Report meets the City’s requirements for Preliminary Drainage Report information as outlined
in the Criteria. The Report documents the existing drainage conditions present at the site and
provides an analysis of the drainage conditions and water quality measures proposed for the NAVY
1727 and 1737 Pearl Street Redevelopment project. The proposed development will not
adversely affect downstream drainage facilities or properties.
Item 4A - Call Up Consideration; 1727 and 1737 Pearl Street Site Review Page 70 of 263
Attachment D - Site Review Plan Set
Preliminary Drainage Report March 2020
NAVY - 1727 and 1737 Pearl Street Redevelopment P a g e | 9
The Sanitas Group, LLC 801 Main Street, Suite 225 I Louisville, CO 80027 720.346.1656
10.0 REFERENCES
[1] “Design and Construction Standards”, City of Boulder, Latest Edition.
[2] Soils Map, “Web Soil Survey 3.0” , USDA Natural Resources Conservation Service,
November 2018.
[3] “Flood Insurance Rate Map”, Federal Emergency Management Agency, Map Number
08013CO394J, effective date 18 December 2012.
[4] “Storm Drainage Criteria Manual, Volumes 1 and 2”, Urban Drainage and Flood Control
District”, January 2016.
[5] “Urban Storm Drainage Criteria Manual, Volume 3 – Best Management Practices” Urban
Drainage and Flood Control District”, January 2016.
Item 4A - Call Up Consideration; 1727 and 1737 Pearl Street Site Review Page 71 of 263
Attachment D - Site Review Plan Set
Preliminary Drainage Report March 2020
NAVY - 1727 and 1737 Pearl Street Redevelopment
The Sanitas Group, LLC 801 Main Street, Suite 225 I Louisville, CO 80027 720.346.1656
APPENDIX A
Vicinity Map & Soil Info
Item 4A - Call Up Consideration; 1727 and 1737 Pearl Street Site Review Page 72 of 263
Attachment D - Site Review Plan Set
1737 Pearl Vicinity Map
Item 4A - Call Up Consideration; 1727 and 1737 Pearl Street Site Review Page 73 of 263
Attachment D - Site Review Plan Set
Item 4A - Call Up Consideration; 1727 and 1737 Pearl Street Site Review Page 74 of 263
Attachment D - Site Review Plan Set
Item 4A - Call Up Consideration; 1727 and 1737 Pearl Street Site Review Page 75 of 263
Attachment D - Site Review Plan Set
Item 4A - Call Up Consideration; 1727 and 1737 Pearl Street Site Review Page 76 of 263
Attachment D - Site Review Plan Set
Preliminary Drainage Report March 2020
NAVY - 1727 and 1737 Pearl Street Redevelopment
The Sanitas Group, LLC 801 Main Street, Suite 225 I Louisville, CO 80027 720.346.1656
APPENDIX B
Drainage Design
Supporting Calculations
Item 4A - Call Up Consideration; 1727 and 1737 Pearl Street Site Review Page 77 of 263
Attachment D - Site Review Plan Set
Rational Method Calculations
Basin A
Existing Conditions
Prepared By:
Project:Reviewed By:
SG Project I.D.:Date:
Basin Description:
NRCS Soil Type:NRCS Hydrologic Soil Rating:
Basin Area=
Surface Characteristics1 Sub-Area Imp
[sf][%] C2 C5 C10 C100
City of Boulder"Design and Construction Standards", Table 7-2
Weighted Percent Imperviousness :
Weighted Runoff Coefficients:
Runoff Coefficients1
Rational Method Calculations
Basin Ax
Existing Conditions
Prepared By:
Project:Reviewed By:
SG Project I.D.:Date:
Basin Description:
NRCS Soil Type:NRCS Hydrologic Soil Rating:
Basin Area=
Surface Characteristics1 Sub-Area Imp
[sf][%] C2 C5 C10 C100
City of Boulder"Design and Construction Standards", Table 7-2
Weighted Percent Imperviousness :
Weighted Runoff Coefficients:
Time of Concentration:
Sheet Flow:Concentrated Flow:
UDFCD, Table RO-2
UDFCD, Eqn RO-4
Time of Concentration:
Rainfall Intensity5
City of Boulder "Design and Construction Standards", Figure 7-1
Runoff - Rational Method Equation6
Q2 [cfs]= 0.55 Q5 [cfs]= 0.82 Q10 [cfs]= 1.17 Q100 [cfs]= 1.94
UDFCD "Drainage Criteria Manual, Vol 1", Eqn RO-1
Runoff Coefficients1
Rational Method Calculations
Basin Bx
Existing Conditions
Prepared By:
Project:Reviewed By:
SG Project I.D.:Date:
Basin Description:
NRCS Soil Type:NRCS Hydrologic Soil Rating:
Basin Area=
Surface Characteristics1 Sub-Area Imp
[sf][%] C2 C5 C10 C100
City of Boulder"Design and Construction Standards", Table 7-2
Weighted Percent Imperviousness :
Weighted Runoff Coefficients:
Time of Concentration:
Sheet Flow:Concentrated Flow:
UDFCD, Table RO-2
UDFCD, Eqn RO-4
Time of Concentration:
Rainfall Intensity5
City of Boulder "Design and Construction Standards", Figure 7-1
Runoff - Rational Method Equation6
Q2 [cfs]= 0.29 Q5 [cfs]= 0.43 Q10 [cfs]= 0.59 Q100 [cfs]= 0.87
UDFCD "Drainage Criteria Manual, Vol 1", Eqn RO-1
Runoff Coefficients1
Rational Method Calculations
Overall Site
Proposed Conditions
Prepared By:
Project:Reviewed By:
SG Project I.D.:Date:
Basin Description:
NRCS Soil Type:NRCS Hydrologic Soil Rating:
Basin Area=
Surface Characteristics1 Sub-Area Imp
[sf][%] C2 C5 C10 C100
City of Boulder"Design and Construction Standards", Table 7-2
Weighted Percent Imperviousness :
Weighted Runoff Coefficients:
Runoff Coefficients1
Rational Method Calculations
Basin A1
Proposed Conditions
Prepared By:
Project:Reviewed By:
SG Project I.D.:Date:
Basin Description:
NRCS Soil Type:NRCS Hydrologic Soil Rating:
Basin Area=
Surface Characteristics1 Sub-Area Imp
[sf][%] C2 C5 C10 C100
City of Boulder"Design and Construction Standards", Table 7-2
Weighted Percent Imperviousness :
Weighted Runoff Coefficients:
Time of Concentration:
Sheet Flow:Concentrated Flow:
UDFCD, Table RO-2
UDFCD, Eqn RO-4
Time of Concentration:
Rainfall Intensity5
City of Boulder "Design and Construction Standards", Figure 7-1
Runoff - Rational Method Equation6
Q2 [cfs]= 0.55 Q5 [cfs]= 0.84 Q10 [cfs]= 1.16 Q100 [cfs]= 1.71
UDFCD "Drainage Criteria Manual, Vol 1", Eqn RO-1
Runoff Coefficients1
Rational Method Calculations
Basin A2
Proposed Conditions
Prepared By:
Project:Reviewed By:
SG Project I.D.:Date:
Basin Description:
NRCS Soil Type:NRCS Hydrologic Soil Rating:
Basin Area=
Surface Characteristics1 Sub-Area Imp
[sf][%] C2 C5 C10 C100
City of Boulder"Design and Construction Standards", Table 7-2
Weighted Percent Imperviousness :
Weighted Runoff Coefficients:
Time of Concentration:
Sheet Flow:Concentrated Flow:
UDFCD, Table RO-2
UDFCD, Eqn RO-4
Time of Concentration:
Rainfall Intensity5
City of Boulder "Design and Construction Standards", Figure 7-1
Runoff - Rational Method Equation6
Q2 [cfs]= 0.24 Q5 [cfs]= 0.36 Q10 [cfs]= 0.49 Q100 [cfs]= 0.73
UDFCD "Drainage Criteria Manual, Vol 1", Eqn RO-1
Runoff Coefficients1
Rational Method Calculations
Basin A3
Proposed Conditions
Prepared By:
Project:Reviewed By:
SG Project I.D.:Date:
Basin Description:
NRCS Soil Type:NRCS Hydrologic Soil Rating:
Basin Area=
Surface Characteristics1 Sub-Area Imp
[sf][%] C2 C5 C10 C100
City of Boulder"Design and Construction Standards", Table 7-2
Weighted Percent Imperviousness :
Weighted Runoff Coefficients:
Time of Concentration:
Sheet Flow:Concentrated Flow:
UDFCD, Table RO-2
UDFCD, Eqn RO-4
Time of Concentration:
Rainfall Intensity5
City of Boulder "Design and Construction Standards", Figure 7-1
Runoff - Rational Method Equation6
Q2 [cfs]= 0.04 Q5 [cfs]= 0.06 Q10 [cfs]= 0.08 Q100 [cfs]= 0.14
UDFCD "Drainage Criteria Manual, Vol 1", Eqn RO-1
Runoff Coefficients1
Rational Method Calculations
Basin A4
Proposed Conditions
Prepared By:
Project:Reviewed By:
SG Project I.D.:Date:
Basin Description:
NRCS Soil Type:NRCS Hydrologic Soil Rating:
Basin Area=
Surface Characteristics1 Sub-Area Imp
[sf][%] C2 C5 C10 C100
City of Boulder"Design and Construction Standards", Table 7-2
Weighted Percent Imperviousness :
Weighted Runoff Coefficients:
Time of Concentration:
Sheet Flow:Concentrated Flow:
UDFCD, Table RO-2
UDFCD, Eqn RO-4
Time of Concentration:
Rainfall Intensity5
City of Boulder "Design and Construction Standards", Figure 7-1
Runoff - Rational Method Equation6
Q2 [cfs]= 0.04 Q5 [cfs]= 0.05 Q10 [cfs]= 0.07 Q100 [cfs]= 0.12
UDFCD "Drainage Criteria Manual, Vol 1", Eqn RO-1
Runoff Coefficients1
Rational Method Calculations
Basin B1
Proposed Conditions
Prepared By:
Project:Reviewed By:
SG Project I.D.:Date:
Basin Description:
NRCS Soil Type:NRCS Hydrologic Soil Rating:
Basin Area=
Surface Characteristics1 Sub-Area Imp
[sf][%] C2 C5 C10 C100
City of Boulder"Design and Construction Standards", Table 7-2
Weighted Percent Imperviousness :
Weighted Runoff Coefficients:
Time of Concentration:
Sheet Flow:Concentrated Flow:
UDFCD, Table RO-2
UDFCD, Eqn RO-4
Time of Concentration:
Rainfall Intensity5
City of Boulder "Design and Construction Standards", Figure 7-1
Runoff - Rational Method Equation6
Q2 [cfs]= 0.13 Q5 [cfs]= 0.19 Q10 [cfs]= 0.25 Q100 [cfs]= 0.38
UDFCD "Drainage Criteria Manual, Vol 1", Eqn RO-1
Runoff Coefficients1
Rational Method Calculations
Basin B2
Proposed Conditions
Prepared By:
Project:Reviewed By:
SG Project I.D.:Date:
Basin Description:
NRCS Soil Type:NRCS Hydrologic Soil Rating:
Basin Area=
Surface Characteristics1 Sub-Area Imp
[sf][%] C2 C5 C10 C100
City of Boulder"Design and Construction Standards", Table 7-2
Weighted Percent Imperviousness :
Weighted Runoff Coefficients:
Time of Concentration:
Sheet Flow:Concentrated Flow:
UDFCD, Table RO-2
UDFCD, Eqn RO-4
Time of Concentration:
Rainfall Intensity5
City of Boulder "Design and Construction Standards", Figure 7-1
Runoff - Rational Method Equation6
Q2 [cfs]= 0.01 Q5 [cfs]= 0.02 Q10 [cfs]= 0.03 Q100 [cfs]= 0.04
UDFCD "Drainage Criteria Manual, Vol 1", Eqn RO-1
Runoff Coefficients1
Water Quality Basin SummaryProposed ConditionsPrepared By:Project:Reviewed By:SG Project I.D.:Date:WQCV = a(0.91I3 - 1.19I2 + 0.78I)Table 3-2, Drain Time Coefficients for WQCV CalculationsDrain Time (hrs)Coefficient, aTotal Required Detention VolumeV10TOTAL = 110% * VDET10V100TOTAL = 110% * VDET100WQCV [watershed-inches]V [acre-ft]V [ft3]DWQCV [inches]VDET10VDET100V10TOTALV100TOTALV10TOTALV100TOTALMax. Ponding DepthStormwater Detention Total Required Detention[inches]Water Quality FeatureBasinContributing Area [acres]Basin Imperviousness [%]Volume [ft3]Volume [ft3]Water Quality Capture VolumeRain Garden Area [ft2]
Water Quality Basin Summary
Proposed Conditions
Prepared By:
Project:Reviewed By:
SG Project I.D.:Date:
Basin
Water Quality
Treatment
Provided
Basin Area
[acres]
Treated Area
[acres]Q5 [cfs] Q100 [cfs]
Total Existing Conditions Runoff 1.25 2.81
Total Treated Area 0.265
Percent Treated Area 82%
Total Undetained Release Rates 0.26 0.54
Percent Undetained Release Rates 21%19%
Existing
Conditions
Proposed
Conditions
Runoff Rates
Sheet 1 of 2
Designer:
Company:
Date:
Project:
Location:
1. Basin Storage Volume
A) Effective Imperviousness of Tributary Area, Ia Ia =87.7 %
(100% if all paved and roofed areas upstream of rain garden)
B) Tributary Area's Imperviousness Ratio (i = Ia/100)i = 0.877
C) Water Quality Capture Volume (WQCV) for a 12-hour Drain Time WQCV = 0.31 watershed inches
(WQCV= 0.8 * (0.91* i3 - 1.19 * i2 + 0.78 * i)
D) Contributing Watershed Area (including rain garden area)Area = 7,565 sq ft
E) Water Quality Capture Volume (WQCV) Design Volume VWQCV =193 cu ft
Vol = (WQCV / 12) * Area
F) For Watersheds Outside of the Denver Region, Depth of d6 = in
Average Runoff Producing Storm
G) For Watersheds Outside of the Denver Region, VWQCV OTHER =cu ft
Water Quality Capture Volume (WQCV) Design Volume
H) User Input of Water Quality Capture Volume (WQCV) Design Volume VWQCV USER =cu ft
(Only if a different WQCV Design Volume is desired)
2. Basin Geometry
A) WQCV Depth (12-inch maximum)DWQCV =12.0 in
B) Rain Garden Side Slopes (Z = 4 min., horiz. dist per unit vertical)Z = 0.00 ft / ft
(Use "0" if rain garden has vertical walls)
C) Mimimum Flat Surface Area AMin =133 sq ft
D) Actual Flat Surface Area AActual =193 sq ft
E) Area at Design Depth (Top Surface Area)ATop =193 sq ft
F) Rain Garden Total Volume VT=193 cu ft
(VT= ((ATop + AActual) / 2) * Depth)
3. Growing Media
4. Underdrain System
A) Are underdrains provided?1
B) Underdrain system orifice diameter for 12 hour drain time
i) Distance From Lowest Elevation of the Storage y =0.2 ft
Volume to the Center of the Orifice
ii) Volume to Drain in 12 Hours Vol12 =193 cu ft
iii) Orifice Diameter, 3/8" Minimum DO =9/16 in
Design Procedure Form: Rain Garden (RG)
MLM
The Sanitas Group
March 27, 2020
NAVY
Basin A1
UD-BMP (Version 3.07, March 2018)
Sheet 2 of 2
Designer:
Company:
Date:
Project:
Location:
5. Impermeable Geomembrane Liner and Geotextile Separator Fabric
A) Is an impermeable liner provided due to proximity
of structures or groundwater contamination?
6. Inlet / Outlet Control
A) Inlet Control
7. Vegetation
8. Irrigation
NO SPRINKLER HEADS ON FLAT SURFACE
A) Will the rain garden be irrigated?
Notes:
Design Procedure Form: Rain Garden (RG)
MLM
The Sanitas Group
March 27, 2020
NAVY
Basin A1
Sheet 1 of 2
Designer:
Company:
Date:
Project:
Location:
1. Basin Storage Volume
A) Effective Imperviousness of Tributary Area, Ia Ia =87.7 %
(100% if all paved and roofed areas upstream of rain garden)
B) Tributary Area's Imperviousness Ratio (i = Ia/100)i = 0.877
C) Water Quality Capture Volume (WQCV) for a 12-hour Drain Time WQCV = 0.31 watershed inches
(WQCV= 0.8 * (0.91* i3 - 1.19 * i2 + 0.78 * i)
D) Contributing Watershed Area (including rain garden area)Area = 3,294 sq ft
E) Water Quality Capture Volume (WQCV) Design Volume VWQCV =84 cu ft
Vol = (WQCV / 12) * Area
F) For Watersheds Outside of the Denver Region, Depth of d6 = in
Average Runoff Producing Storm
G) For Watersheds Outside of the Denver Region, VWQCV OTHER =cu ft
Water Quality Capture Volume (WQCV) Design Volume
H) User Input of Water Quality Capture Volume (WQCV) Design Volume VWQCV USER =cu ft
(Only if a different WQCV Design Volume is desired)
2. Basin Geometry
A) WQCV Depth (12-inch maximum)DWQCV =12.0 in
B) Rain Garden Side Slopes (Z = 4 min., horiz. dist per unit vertical)Z = 0.00 ft / ft
(Use "0" if rain garden has vertical walls)
C) Mimimum Flat Surface Area AMin =58 sq ft
D) Actual Flat Surface Area AActual =84 sq ft
E) Area at Design Depth (Top Surface Area)ATop =84 sq ft
F) Rain Garden Total Volume VT=84 cu ft
(VT= ((ATop + AActual) / 2) * Depth)
3. Growing Media
4. Underdrain System
A) Are underdrains provided?1
B) Underdrain system orifice diameter for 12 hour drain time
i) Distance From Lowest Elevation of the Storage y =0.2 ft
Volume to the Center of the Orifice
ii) Volume to Drain in 12 Hours Vol12 =84 cu ft
iii) Orifice Diameter, 3/8" Minimum DO =5/16 in LESS THAN MINIMUM. USE DIAMETER OF 3/8"
Design Procedure Form: Rain Garden (RG)
MLM
The Sanitas Group
March 26, 2020
NAVY
Basin A2
UD-BMP (Version 3.07, March 2018)
Sheet 2 of 2
Designer:
Company:
Date:
Project:
Location:
5. Impermeable Geomembrane Liner and Geotextile Separator Fabric
A) Is an impermeable liner provided due to proximity
of structures or groundwater contamination?
6. Inlet / Outlet Control
A) Inlet Control
7. Vegetation
8. Irrigation
NO SPRINKLER HEADS ON FLAT SURFACE
A) Will the rain garden be irrigated?
Notes:
Design Procedure Form: Rain Garden (RG)
MLM
The Sanitas Group
March 26, 2020
NAVY
Basin A2
Sheet 1 of 2
Designer:
Company:
Date:
Project:
Location:
1. Type of Permeable Pavement Section
A) What type of section of permeable pavement is used?
(Based on the land use and activities, proximity to adjacent
structures and soil characteristics.)
B) What type of wearing course?1
2. Required Storage Volume
A) Effective Imperviousness of Area Tributary to Permeable Pavement, Ia Ia =66.8 %
B) Tributary Area's Imperviousness Ratio (I = Ia / 100)i = 0.668
C) Tributary Watershed Area ATotal = 670 sq ft
(including area of permeable pavement system)
D) Area of Permeable Pavement System APPS =220 sq ft
(Minimum recommended permeable pavement area = 168 sq ft)
E) Impervious Tributary Ratio RT =1.4
(Contributing Imperviuos Area / Permeable Pavement Ratio)
F) Water Quality Capture Volume (WQCV) Based on 12-hour Drain Time WQCV = 12 cu ft
(WQCV = (0.8 * (0.91 * i3 - 1.19 * i2 + 0.78 * i) / 12) * Area)
G) Is flood control volume being added?
H) Total Volume Needed VTotal =12 cu ft
3. Depth of Reservoir
A) Minimum Depth of Reservoir Dmin =6.0 inches
(Minimum recommended depth is 6 inches)
B) Is the slope of the reservoir/subgrade interface equal to 0%?
1
C) Porosity (Porous Gravel Pavement < 0.3, Others < 0.40)P = 0.40
D) Slope of the Base Course/Subgrade Interface S =ft / ft
E) Length Between Lateral Flow Barriers L =ft
F) Volume Provided Based on Depth of Base Course V = 37 cu ft
Flat or Stepped: V = P * ((Dmin - 1) / 12) * Area
Sloped: V = P * ((Dmin - 6*S*L - 1) / 12) * Area
4. Lateral Flow Barriers
A) Type of Lateral Flow Barriers
B) Number of Permeable Pavement Cells Cells =
5. Perimeter Barrier
A) Is a perimeter barrier provided on all sides of the
pavement system?
NAVY - 1737 Pearl Street
Basin A3
Design Procedure Form: Permeable Pavement Systems (PPS)
MLM
The Sanitas Group
March 26, 2020
UD-BMP (Version 3.07, March 2018)
(Recommeded for PICP, concrete grid pavement, or for any
no-infiltration section.)
Sheet 2 of 2
Designer:
Company:
Date:
Project:
Location:
6. Filter Material and Underdrain System
A) Is the underdrain placed below a 6-inch thick layer of
CDOT Class C filter material?
B) Diameter of Slotted Pipe (slot dimensions per Table PPs-2)
C) Distance from the Lowest Elevation of the Storage Volume y =ft
(i.e. the bottom of the base course to the center of the orifice)
7. Impermeable Geomembrane Liner and Geotextile Separator Fabric
A) Is there a minimum 30 mil thick impermeable PVC geomembrane
liner on the bottom and sides of the basin, extending up to the top
of the base course?
B) CDOT Class B Separator Fabric
8. Outlet 1
(Assumes each cell has similar area, subgrade slope, and length
between lateral barriers (unless subgrade is flat). Calculate cells
individually where this varies.)
A) Depth of WQCV in the Reservoir DWQCV =inches
(Elevation of the Flood Control Outlet)
B) Diameter of Orifice for 12-hour Drain Time DOrifice =inches
(Use a minimum orifice diameter of 3/8-inches)
Notes:
NAVY - 1737 Pearl Street
Design Procedure Form: Permeable Pavement Systems (PPS)
MLM
The Sanitas Group
March 26, 2020
Basin A3
Item 4A - Call Up Consideration; 1727 and 1737 Pearl Street Site Review Page 97 of 263
Attachment D - Site Review Plan Set
B1256 - NAVY Proposed Conditions
5-Year Storm
Project Description
1256-5-P.SPF
Project Options
CFS
Elevation
Rational
User-Defined
Kinematic Wave
YES
YES
Analysis Options
Sep 01, 2016 00:00:00
Sep 01, 2016 02:00:00
Sep 01, 2016 00:00:00
0 days
0 01:00:00 days hh:mm:ss
0 00:05:00 days hh:mm:ss
0 00:05:00 days hh:mm:ss
30 seconds
Number of Elements
Qty
0
4
4
1
1
0
0
2
5
1
0
0
2
2
0
0
0
Rainfall Details
5 year(s)
Orifices .........................................................................
Weirs ............................................................................
Outlets .........................................................................
Pollutants ..............................................................................
Land Uses ............................................................................
Return Period........................................................................
Inlets ............................................................................
Storage Nodes .............................................................
Links......................................................................................
Channels ......................................................................
Pipes ............................................................................
Pumps ..........................................................................
Rain Gages ..........................................................................
Subbasins..............................................................................
Nodes....................................................................................
Junctions ......................................................................
Outfalls .........................................................................
Flow Diversions ............................................................
Start Reporting On ...............................................................
Antecedent Dry Days ............................................................
Runoff (Dry Weather) Time Step ..........................................
Runoff (Wet Weather) Time Step .........................................
Reporting Time Step ............................................................
Routing Time Step ................................................................
Time of Concentration (TOC) Method ..................................
Link Routing Method .............................................................
Enable Overflow Ponding at Nodes .....................................
Skip Steady State Analysis Time Periods ............................
Start Analysis On ..................................................................
End Analysis On ...................................................................
File Name .............................................................................
Description ...........................................................................
1727 & 1737 Pearl St, Boulder, CO
Flow Units .............................................................................
Elevation Type ......................................................................
Hydrology Method ................................................................
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Attachment D - Site Review Plan Set
B1256 - NAVY Proposed Conditions
5-Year Storm
Subbasin Summary
SN Subbasin Area Weighted Total Total Total Peak Time of
ID Runoff Rainfall Runoff Runoff Runoff Concentration
Coefficient Volume
(ac)(in) (in) (ac-in) (cfs) (days hh:mm:ss)
1 A1 0.18 0.8300 0.48 0.39 0.07 0.84 0 00:05:00
2 A2 0.08 0.8300 0.48 0.39 0.03 0.36 0 00:05:00
3 A3 0.02 0.6700 0.48 0.32 0.00 0.06 0 00:05:00
4 A4 0.01 0.7200 0.48 0.34 0.00 0.05 0 00:05:00
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Attachment D - Site Review Plan Set
B1256 - NAVY Proposed Conditions
5-Year Storm
Node Summary
SN Element Element Invert Ground/Rim Initial Surcharge Ponded Peak Max HGL Max Min Time of Total Total Time
ID Type Elevation (Max) Water Elevation Area Inflow Elevation Surcharge Freeboard Peak Flooded Flooded
Elevation Elevation Attained Depth Attained Flooding Volume
Attained Occurrence
(ft) (ft) (ft) (ft) (ft²) (cfs) (ft) (ft) (ft) (days hh:mm) (ac-in) (min)
1 Jun-1 Junction 5327.80 5332.00 5327.80 0.00 0.00 0.65 5327.89 0.00 4.11 0 00:00 0.00 0.00
2 DP1 Outfall 5327.70 0.65 5327.79
3 RG_A1 Storage Node 5328.00 5331.00 5328.00 0.00 0.84 5329.19 0.00 0.00
4 RG_A2 Storage Node 5328.00 5331.00 5328.00 0.00 0.36 5329.07 0.00 0.00
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Attachment D - Site Review Plan Set
B1256 - NAVY Proposed Conditions5-Year StormLink SummarySN Element Element From To (Outlet) Length Inlet Outlet Average Diameter or Manning's Peak Design Flow Peak Flow/ Peak Flow Peak Flow Peak Flow Total Time ReportedIDType (Inlet) NodeInvert InvertSlope Height Roughness Flow Capacity Design Flow Velocity Depth Depth/ Surcharged ConditionNodeElevation ElevationRatioTotal DepthRatio(ft) (ft) (ft) (%) (in)(cfs) (cfs)(ft/sec) (ft)(min)1 Orifice1-1 Channel Jun-1 DP1 5.00 5327.80 5327.70 2.0000 24.000 0.0300 0.65 374.63 0.00 1.26 0.09 0.04 0.002 RG_A1_Orifice Orifice RG_A1 Jun-15328.00 5327.800.4380.013 RG_A2_Orifice Orifice RG_A2 Jun-15328.00 5327.800.4380.014 RG_A1_Weir Weir RG_A1 Jun-15328.00 5327.800.405 RG_A2_Weir Weir RG_A2 Jun-15328.00 5327.800.21 The Sanitas Group Page 4 of 18 3/27/2020Item 4A - Call Up Consideration; 1727 and 1737 Pearl Street Site Review Page 101 of 263Attachment D - Site Review Plan Set
B1256 - NAVY Proposed Conditions
5-Year Storm
Subbasin Hydrology
Subbasin : A1
Input Data
Area (ac) ....................................................... 0.18
Weighted Runoff Coefficient ......................... 0.8300
Runoff Coefficient
Area Soil Runoff
Soil/Surface Description (acres) Group Coeff.
-0.18 -0.83
Composite Area & Weighted Runoff Coeff. 0.18 0.83
Subbasin Runoff Results
Total Rainfall (in) .......................................... 0.48
Total Runoff (in) ............................................ 0.39
Peak Runoff (cfs) .......................................... 0.84
Rainfall Intensity ........................................... 5.700
Weighted Runoff Coefficient .........................0.8300
Time of Concentration (days hh:mm:ss) .......0 00:05:00
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Attachment D - Site Review Plan Set
B1256 - NAVY Proposed Conditions
5-Year Storm
Subbasin : A2
Input Data
Area (ac) ....................................................... 0.08
Weighted Runoff Coefficient ......................... 0.8300
Runoff Coefficient
Area Soil Runoff
Soil/Surface Description (acres) Group Coeff.
-0.08 -0.83
Composite Area & Weighted Runoff Coeff. 0.08 0.83
Subbasin Runoff Results
Total Rainfall (in) .......................................... 0.48
Total Runoff (in) ............................................ 0.39
Peak Runoff (cfs) .......................................... 0.36
Rainfall Intensity ........................................... 5.700
Weighted Runoff Coefficient .........................0.8300
Time of Concentration (days hh:mm:ss) .......0 00:05:00
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Attachment D - Site Review Plan Set
B1256 - NAVY Proposed Conditions
5-Year Storm
Subbasin : A3
Input Data
Area (ac) ....................................................... 0.02
Weighted Runoff Coefficient ......................... 0.6700
Runoff Coefficient
Area Soil Runoff
Soil/Surface Description (acres) Group Coeff.
-0.02 -0.67
Composite Area & Weighted Runoff Coeff. 0.02 0.67
Subbasin Runoff Results
Total Rainfall (in) .......................................... 0.48
Total Runoff (in) ............................................ 0.32
Peak Runoff (cfs) .......................................... 0.06
Rainfall Intensity ........................................... 5.700
Weighted Runoff Coefficient .........................0.6700
Time of Concentration (days hh:mm:ss) .......0 00:05:00
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Attachment D - Site Review Plan Set
B1256 - NAVY Proposed Conditions
5-Year Storm
Subbasin : A4
Input Data
Area (ac) ....................................................... 0.01
Weighted Runoff Coefficient ......................... 0.7200
Runoff Coefficient
Area Soil Runoff
Soil/Surface Description (acres) Group Coeff.
-0.01 -0.72
Composite Area & Weighted Runoff Coeff. 0.01 0.72
Subbasin Runoff Results
Total Rainfall (in) .......................................... 0.48
Total Runoff (in) ............................................ 0.34
Peak Runoff (cfs) .......................................... 0.05
Rainfall Intensity ........................................... 5.700
Weighted Runoff Coefficient .........................0.7200
Time of Concentration (days hh:mm:ss) .......0 00:05:00
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Attachment D - Site Review Plan Set
B1256 - NAVY Proposed Conditions
5-Year Storm
Junction Input
SN Element Invert Ground/Rim Ground/Rim Initial Initial Surcharge Surcharge Ponded Minimum
ID Elevation (Max) (Max) Water Water Elevation Depth Area Pipe
Elevation Offset Elevation Depth Cover
(ft) (ft) (ft) (ft) (ft) (ft) (ft) (ft²) (in)
1 Jun-1 5327.80 5332.00 4.20 5327.80 0.00 0.00 -5332.00 0.00 0.00
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Attachment D - Site Review Plan Set
B1256 - NAVY Proposed Conditions
5-Year Storm
Junction Results
SN Element Peak Peak Max HGL Max HGL Max Min Average HGL Average HGL Time of Time of Total Total Time
ID Inflow Lateral Elevation Depth Surcharge Freeboard Elevation Depth Max HGL Peak Flooded Flooded
Inflow Attained Attained Depth Attained Attained Attained Occurrence Flooding Volume
Attained Occurrence
(cfs) (cfs) (ft) (ft) (ft) (ft)(ft)(ft) (days hh:mm) (days hh:mm) (ac-in) (min)
1 Jun-1 0.65 0.11 5327.89 0.09 0.00 4.11 5327.81 0.01 0 00:08 0 00:00 0.00 0.00
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Attachment D - Site Review Plan Set
B1256 - NAVY Proposed Conditions
5-Year Storm
Channel Input
SN Element Length Inlet Inlet Outlet Outlet Total Average Shape Height Width Manning's Entrance Exit/Bend Additional Initial Flap
ID Invert Invert Invert Invert Drop Slope Roughness Losses Losses Losses Flow Gate
Elevation Offset Elevation Offset
(ft) (ft) (ft) (ft) (ft) (ft) (%)(ft) (ft)(cfs)
1 Orifice1-1 5.00 5327.80 0.00 5327.70 0.00 0.10 2.0000 Trapezoidal 2.000 45.000 0.0300 0.0000 0.0000 0.0000 0.00 No
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Attachment D - Site Review Plan Set
B1256 - NAVY Proposed Conditions
5-Year Storm
Channel Results
SN Element Peak Time of Design Flow Peak Flow/ Peak Flow Travel Peak Flow Peak Flow Total Time Froude Reported
ID Flow Peak Flow Capacity Design Flow Velocity Time Depth Depth/ Surcharged Number Condition
Occurrence Ratio Total Depth
Ratio
(cfs) (days hh:mm) (cfs)(ft/sec) (min) (ft)(min)
1 Orifice1-1 0.65 0 00:08 374.63 0.00 1.26 0.07 0.09 0.04 0.00
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Attachment D - Site Review Plan Set
B1256 - NAVY Proposed Conditions
5-Year Storm
Storage Nodes
Storage Node : RG_A1
Input Data
5328.00
5331.00
3.00
5328.00
0.00
0.00
0.00
Storage Area Volume Curves
Storage Curve : RG_A1
Stage Storage Storage
Area Volume
(ft)(ft²)(ft³)
0 193 0.000
3 193 579.00
Evaporation Loss .....................................................................
Invert Elevation (ft) ...................................................................
Max (Rim) Elevation (ft) ...........................................................
Max (Rim) Offset (ft) .................................................................
Initial Water Elevation (ft) .........................................................
Initial Water Depth (ft) ..............................................................
Ponded Area (ft²) ......................................................................
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Attachment D - Site Review Plan Set
B1256 - NAVY Proposed Conditions
5-Year Storm
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Attachment D - Site Review Plan Set
B1256 - NAVY Proposed Conditions
5-Year Storm
Storage Node : RG_A1 (continued)
Outflow Weirs
SN Element Weir Flap Crest Crest Length Weir Total Discharge
ID Type Gate Elevation Offset Height Coefficient
(ft) (ft) (ft) (ft)
1 RG_A1_Weir Trapezoidal No 5329.08 1.08 3.25 0.50 3.33
Outflow Orifices
SN Element Orifice Orifice Flap Circular Rectangular Rectangular Orifice Orifice
ID Type Shape Gate Orifice Orifice Orifice Invert Coefficient
Diameter Height Width Elevation
(in) (in) (in) (ft)
1 RG_A1_Orifice Side CIRCULAR No 0.44 5328.00 0.61
Output Summary Results
0.84
0.84
0.40
0.00
5329.19
1.19
5328.97
0.97
0 00:08
0.000
0
0
0.00
Total Time Flooded (min) .........................................................
Total Retention Time (sec) .......................................................
Max HGL Depth Attained (ft) ....................................................
Average HGL Elevation Attained (ft) ........................................
Average HGL Depth Attained (ft) .............................................
Time of Max HGL Occurrence (days hh:mm) ...........................
Total Exfiltration Volume (1000-ft³) ..........................................
Total Flooded Volume (ac-in) ...................................................
Peak Inflow (cfs) .......................................................................
Peak Lateral Inflow (cfs) ...........................................................
Peak Outflow (cfs) ....................................................................
Peak Exfiltration Flow Rate (cfm) .............................................
Max HGL Elevation Attained (ft) ...............................................
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Attachment D - Site Review Plan Set
B1256 - NAVY Proposed Conditions
5-Year Storm
Storage Node : RG_A2
Input Data
5328.00
5331.00
3.00
5328.00
0.00
0.00
0.00
Storage Area Volume Curves
Storage Curve : RG_A2
Stage Storage Storage
Area Volume
(ft)(ft²)(ft³)
0 84 0.000
3 84 252.00
Initial Water Depth (ft) ..............................................................
Ponded Area (ft²) ......................................................................
Evaporation Loss .....................................................................
Invert Elevation (ft) ...................................................................
Max (Rim) Elevation (ft) ...........................................................
Max (Rim) Offset (ft) .................................................................
Initial Water Elevation (ft) .........................................................
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Attachment D - Site Review Plan Set
B1256 - NAVY Proposed Conditions
5-Year Storm
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Attachment D - Site Review Plan Set
B1256 - NAVY Proposed Conditions
5-Year Storm
Storage Node : RG_A2 (continued)
Outflow Weirs
SN Element Weir Flap Crest Crest Length Weir Total Discharge
ID Type Gate Elevation Offset Height Coefficient
(ft) (ft) (ft) (ft)
1 RG_A2_Weir Trapezoidal No 5329.00 1.00 3.25 0.50 3.33
Outflow Orifices
SN Element Orifice Orifice Flap Circular Rectangular Rectangular Orifice Orifice
ID Type Shape Gate Orifice Orifice Orifice Invert Coefficient
Diameter Height Width Elevation
(in) (in) (in) (ft)
1 RG_A2_Orifice Side CIRCULAR No 0.44 5328.00 0.61
Output Summary Results
0.36
0.36
0.21
0.00
5329.07
1.07
5328.81
0.81
0 00:07
0.000
0
0
0.00
Total Exfiltration Volume (1000-ft³) ..........................................
Total Flooded Volume (ac-in) ...................................................
Total Time Flooded (min) .........................................................
Total Retention Time (sec) .......................................................
Peak Exfiltration Flow Rate (cfm) .............................................
Max HGL Elevation Attained (ft) ...............................................
Max HGL Depth Attained (ft) ....................................................
Average HGL Elevation Attained (ft) ........................................
Average HGL Depth Attained (ft) .............................................
Time of Max HGL Occurrence (days hh:mm) ...........................
Peak Inflow (cfs) .......................................................................
Peak Lateral Inflow (cfs) ...........................................................
Peak Outflow (cfs) ....................................................................
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Attachment D - Site Review Plan Set
B1256 - NAVY Proposed Conditions
10-Year Storm
Project Description
1256-10-P.SPF
Project Options
CFS
Elevation
Rational
User-Defined
Kinematic Wave
YES
YES
Analysis Options
Sep 01, 2016 00:00:00
Sep 01, 2016 02:00:00
Sep 01, 2016 00:00:00
0 days
0 01:00:00 days hh:mm:ss
0 00:05:00 days hh:mm:ss
0 00:05:00 days hh:mm:ss
30 seconds
Number of Elements
Qty
0
4
4
1
1
0
0
2
5
1
0
0
2
2
0
0
0
Rainfall Details
10 year(s)
Orifices .........................................................................
Weirs ............................................................................
Outlets .........................................................................
Pollutants ..............................................................................
Land Uses ............................................................................
Return Period........................................................................
Inlets ............................................................................
Storage Nodes .............................................................
Links......................................................................................
Channels ......................................................................
Pipes ............................................................................
Pumps ..........................................................................
Rain Gages ..........................................................................
Subbasins..............................................................................
Nodes....................................................................................
Junctions ......................................................................
Outfalls .........................................................................
Flow Diversions ............................................................
Start Reporting On ...............................................................
Antecedent Dry Days ............................................................
Runoff (Dry Weather) Time Step ..........................................
Runoff (Wet Weather) Time Step .........................................
Reporting Time Step ............................................................
Routing Time Step ................................................................
Time of Concentration (TOC) Method ..................................
Link Routing Method .............................................................
Enable Overflow Ponding at Nodes .....................................
Skip Steady State Analysis Time Periods ............................
Start Analysis On ..................................................................
End Analysis On ...................................................................
File Name .............................................................................
Description ...........................................................................
1727 & 1737 Pearl St, Boulder, CO
Flow Units .............................................................................
Elevation Type ......................................................................
Hydrology Method ................................................................
The Sanitas Group Page 1 of 18 3/27/2020Item 4A - Call Up Consideration; 1727 and 1737 Pearl Street Site Review Page 116 of 263
Attachment D - Site Review Plan Set
B1256 - NAVY Proposed Conditions
10-Year Storm
Subbasin Summary
SN Subbasin Area Weighted Total Total Total Peak Time of
ID Runoff Rainfall Runoff Runoff Runoff Concentration
Coefficient Volume
(ac)(in) (in) (ac-in) (cfs) (days hh:mm:ss)
1 A1 0.18 0.8800 0.62 0.54 0.10 1.16 0 00:05:00
2 A2 0.08 0.8800 0.62 0.54 0.04 0.50 0 00:05:00
3 A3 0.02 0.7200 0.62 0.44 0.01 0.08 0 00:05:00
4 A4 0.01 0.7700 0.62 0.48 0.01 0.07 0 00:05:00
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Attachment D - Site Review Plan Set
B1256 - NAVY Proposed Conditions
10-Year Storm
Node Summary
SN Element Element Invert Ground/Rim Initial Surcharge Ponded Peak Max HGL Max Min Time of Total Total Time
ID Type Elevation (Max) Water Elevation Area Inflow Elevation Surcharge Freeboard Peak Flooded Flooded
Elevation Elevation Attained Depth Attained Flooding Volume
Attained Occurrence
(ft) (ft) (ft) (ft) (ft²) (cfs) (ft) (ft) (ft) (days hh:mm) (ac-in) (min)
1 Jun-1 Junction 5327.80 5332.00 5327.80 0.00 0.00 1.30 5327.93 0.00 4.07 0 00:00 0.00 0.00
2 DP1 Outfall 5327.70 1.30 5327.83
3 RG_A1 Storage Node 5328.00 5331.00 5328.00 0.00 1.16 5329.25 0.00 0.00
4 RG_A2 Storage Node 5328.00 5331.00 5328.00 0.00 0.49 5329.11 0.00 0.00
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Attachment D - Site Review Plan Set
B1256 - NAVY Proposed Conditions10-Year StormLink SummarySN Element Element From To (Outlet) Length Inlet Outlet Average Diameter or Manning's Peak Design Flow Peak Flow/ Peak Flow Peak Flow Peak Flow Total Time ReportedIDType (Inlet) NodeInvert InvertSlope Height Roughness Flow Capacity Design Flow Velocity Depth Depth/ Surcharged ConditionNodeElevation ElevationRatioTotal DepthRatio(ft) (ft) (ft) (%) (in)(cfs) (cfs)(ft/sec) (ft)(min)1 Orifice1-1 Channel Jun-1 DP1 5.00 5327.80 5327.70 2.0000 24.000 0.0300 1.30 374.63 0.00 1.59 0.13 0.07 0.002 RG_A1_Orifice Orifice RG_A1 Jun-15328.00 5327.800.4380.013 RG_A2_Orifice Orifice RG_A2 Jun-15328.00 5327.800.4380.014 RG_A1_Weir Weir RG_A1 Jun-15328.00 5327.800.815 RG_A2_Weir Weir RG_A2 Jun-15328.00 5327.800.39 The Sanitas Group Page 4 of 18 3/27/2020Item 4A - Call Up Consideration; 1727 and 1737 Pearl Street Site Review Page 119 of 263Attachment D - Site Review Plan Set
B1256 - NAVY Proposed Conditions
10-Year Storm
Subbasin Hydrology
Subbasin : A1
Input Data
Area (ac) ....................................................... 0.18
Weighted Runoff Coefficient ......................... 0.8800
Runoff Coefficient
Area Soil Runoff
Soil/Surface Description (acres) Group Coeff.
-0.18 -0.88
Composite Area & Weighted Runoff Coeff. 0.18 0.88
Subbasin Runoff Results
Total Rainfall (in) .......................................... 0.62
Total Runoff (in) ............................................ 0.54
Peak Runoff (cfs) .......................................... 1.16
Rainfall Intensity ........................................... 7.400
Weighted Runoff Coefficient .........................0.8800
Time of Concentration (days hh:mm:ss) .......0 00:05:00
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Attachment D - Site Review Plan Set
B1256 - NAVY Proposed Conditions
10-Year Storm
Subbasin : A2
Input Data
Area (ac) ....................................................... 0.08
Weighted Runoff Coefficient ......................... 0.8800
Runoff Coefficient
Area Soil Runoff
Soil/Surface Description (acres) Group Coeff.
-0.08 -0.88
Composite Area & Weighted Runoff Coeff. 0.08 0.88
Subbasin Runoff Results
Total Rainfall (in) .......................................... 0.62
Total Runoff (in) ............................................ 0.54
Peak Runoff (cfs) .......................................... 0.50
Rainfall Intensity ........................................... 7.400
Weighted Runoff Coefficient .........................0.8800
Time of Concentration (days hh:mm:ss) .......0 00:05:00
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Attachment D - Site Review Plan Set
B1256 - NAVY Proposed Conditions
10-Year Storm
Subbasin : A3
Input Data
Area (ac) ....................................................... 0.02
Weighted Runoff Coefficient ......................... 0.7200
Runoff Coefficient
Area Soil Runoff
Soil/Surface Description (acres) Group Coeff.
-0.02 -0.72
Composite Area & Weighted Runoff Coeff. 0.02 0.72
Subbasin Runoff Results
Total Rainfall (in) .......................................... 0.62
Total Runoff (in) ............................................ 0.44
Peak Runoff (cfs) .......................................... 0.08
Rainfall Intensity ........................................... 7.400
Weighted Runoff Coefficient .........................0.7200
Time of Concentration (days hh:mm:ss) .......0 00:05:00
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Attachment D - Site Review Plan Set
B1256 - NAVY Proposed Conditions
10-Year Storm
Subbasin : A4
Input Data
Area (ac) ....................................................... 0.01
Weighted Runoff Coefficient ......................... 0.7700
Runoff Coefficient
Area Soil Runoff
Soil/Surface Description (acres) Group Coeff.
-0.01 -0.77
Composite Area & Weighted Runoff Coeff. 0.01 0.77
Subbasin Runoff Results
Total Rainfall (in) .......................................... 0.62
Total Runoff (in) ............................................ 0.48
Peak Runoff (cfs) .......................................... 0.07
Rainfall Intensity ........................................... 7.400
Weighted Runoff Coefficient .........................0.7700
Time of Concentration (days hh:mm:ss) .......0 00:05:00
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Attachment D - Site Review Plan Set
B1256 - NAVY Proposed Conditions
10-Year Storm
Junction Input
SN Element Invert Ground/Rim Ground/Rim Initial Initial Surcharge Surcharge Ponded Minimum
ID Elevation (Max) (Max) Water Water Elevation Depth Area Pipe
Elevation Offset Elevation Depth Cover
(ft) (ft) (ft) (ft) (ft) (ft) (ft) (ft²) (in)
1 Jun-1 5327.80 5332.00 4.20 5327.80 0.00 0.00 -5332.00 0.00 0.00
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Attachment D - Site Review Plan Set
B1256 - NAVY Proposed Conditions
10-Year Storm
Junction Results
SN Element Peak Peak Max HGL Max HGL Max Min Average HGL Average HGL Time of Time of Total Total Time
ID Inflow Lateral Elevation Depth Surcharge Freeboard Elevation Depth Max HGL Peak Flooded Flooded
Inflow Attained Attained Depth Attained Attained Attained Occurrence Flooding Volume
Attained Occurrence
(cfs) (cfs) (ft) (ft) (ft) (ft)(ft)(ft) (days hh:mm) (days hh:mm) (ac-in) (min)
1 Jun-1 1.30 0.15 5327.93 0.13 0.00 4.07 5327.81 0.01 0 00:06 0 00:00 0.00 0.00
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Attachment D - Site Review Plan Set
B1256 - NAVY Proposed Conditions
10-Year Storm
Channel Input
SN Element Length Inlet Inlet Outlet Outlet Total Average Shape Height Width Manning's Entrance Exit/Bend Additional Initial Flap
ID Invert Invert Invert Invert Drop Slope Roughness Losses Losses Losses Flow Gate
Elevation Offset Elevation Offset
(ft) (ft) (ft) (ft) (ft) (ft) (%)(ft) (ft)(cfs)
1 Orifice1-1 5.00 5327.80 0.00 5327.70 0.00 0.10 2.0000 Trapezoidal 2.000 45.000 0.0300 0.0000 0.0000 0.0000 0.00 No
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B1256 - NAVY Proposed Conditions
10-Year Storm
Channel Results
SN Element Peak Time of Design Flow Peak Flow/ Peak Flow Travel Peak Flow Peak Flow Total Time Froude Reported
ID Flow Peak Flow Capacity Design Flow Velocity Time Depth Depth/ Surcharged Number Condition
Occurrence Ratio Total Depth
Ratio
(cfs) (days hh:mm) (cfs)(ft/sec) (min) (ft)(min)
1 Orifice1-1 1.30 0 00:06 374.63 0.00 1.59 0.05 0.13 0.07 0.00
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Attachment D - Site Review Plan Set
B1256 - NAVY Proposed Conditions
10-Year Storm
Storage Nodes
Storage Node : RG_A1
Input Data
5328.00
5331.00
3.00
5328.00
0.00
0.00
0.00
Storage Area Volume Curves
Storage Curve : RG_A1
Stage Storage Storage
Area Volume
(ft)(ft²)(ft³)
0 193 0.000
3 193 579.00
Evaporation Loss .....................................................................
Invert Elevation (ft) ...................................................................
Max (Rim) Elevation (ft) ...........................................................
Max (Rim) Offset (ft) .................................................................
Initial Water Elevation (ft) .........................................................
Initial Water Depth (ft) ..............................................................
Ponded Area (ft²) ......................................................................
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B1256 - NAVY Proposed Conditions
10-Year Storm
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Attachment D - Site Review Plan Set
B1256 - NAVY Proposed Conditions
10-Year Storm
Storage Node : RG_A1 (continued)
Outflow Weirs
SN Element Weir Flap Crest Crest Length Weir Total Discharge
ID Type Gate Elevation Offset Height Coefficient
(ft) (ft) (ft) (ft)
1 RG_A1_Weir Trapezoidal No 5329.08 1.08 3.25 0.50 3.33
Outflow Orifices
SN Element Orifice Orifice Flap Circular Rectangular Rectangular Orifice Orifice
ID Type Shape Gate Orifice Orifice Orifice Invert Coefficient
Diameter Height Width Elevation
(in) (in) (in) (ft)
1 RG_A1_Orifice Side CIRCULAR No 0.44 5328.00 0.61
Output Summary Results
1.16
1.16
0.82
0.00
5329.25
1.25
5328.98
0.98
0 00:07
0.000
0
0
0.00
Total Time Flooded (min) .........................................................
Total Retention Time (sec) .......................................................
Max HGL Depth Attained (ft) ....................................................
Average HGL Elevation Attained (ft) ........................................
Average HGL Depth Attained (ft) .............................................
Time of Max HGL Occurrence (days hh:mm) ...........................
Total Exfiltration Volume (1000-ft³) ..........................................
Total Flooded Volume (ac-in) ...................................................
Peak Inflow (cfs) .......................................................................
Peak Lateral Inflow (cfs) ...........................................................
Peak Outflow (cfs) ....................................................................
Peak Exfiltration Flow Rate (cfm) .............................................
Max HGL Elevation Attained (ft) ...............................................
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Attachment D - Site Review Plan Set
B1256 - NAVY Proposed Conditions
10-Year Storm
Storage Node : RG_A2
Input Data
5328.00
5331.00
3.00
5328.00
0.00
0.00
0.00
Storage Area Volume Curves
Storage Curve : RG_A2
Stage Storage Storage
Area Volume
(ft)(ft²)(ft³)
0 84 0.000
3 84 252.00
Initial Water Depth (ft) ..............................................................
Ponded Area (ft²) ......................................................................
Evaporation Loss .....................................................................
Invert Elevation (ft) ...................................................................
Max (Rim) Elevation (ft) ...........................................................
Max (Rim) Offset (ft) .................................................................
Initial Water Elevation (ft) .........................................................
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Attachment D - Site Review Plan Set
B1256 - NAVY Proposed Conditions
10-Year Storm
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Attachment D - Site Review Plan Set
B1256 - NAVY Proposed Conditions
10-Year Storm
Storage Node : RG_A2 (continued)
Outflow Weirs
SN Element Weir Flap Crest Crest Length Weir Total Discharge
ID Type Gate Elevation Offset Height Coefficient
(ft) (ft) (ft) (ft)
1 RG_A2_Weir Trapezoidal No 5329.00 1.00 3.25 0.50 3.33
Outflow Orifices
SN Element Orifice Orifice Flap Circular Rectangular Rectangular Orifice Orifice
ID Type Shape Gate Orifice Orifice Orifice Invert Coefficient
Diameter Height Width Elevation
(in) (in) (in) (ft)
1 RG_A2_Orifice Side CIRCULAR No 0.44 5328.00 0.61
Output Summary Results
0.49
0.49
0.40
0.00
5329.11
1.11
5328.81
0.81
0 00:06
0.000
0
0
0.00
Total Exfiltration Volume (1000-ft³) ..........................................
Total Flooded Volume (ac-in) ...................................................
Total Time Flooded (min) .........................................................
Total Retention Time (sec) .......................................................
Peak Exfiltration Flow Rate (cfm) .............................................
Max HGL Elevation Attained (ft) ...............................................
Max HGL Depth Attained (ft) ....................................................
Average HGL Elevation Attained (ft) ........................................
Average HGL Depth Attained (ft) .............................................
Time of Max HGL Occurrence (days hh:mm) ...........................
Peak Inflow (cfs) .......................................................................
Peak Lateral Inflow (cfs) ...........................................................
Peak Outflow (cfs) ....................................................................
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Attachment D - Site Review Plan Set
B1256 - NAVY Proposed Conditions
100-Year Storm
Project Description
1256-100-P.SPF
Project Options
CFS
Elevation
Rational
User-Defined
Kinematic Wave
YES
YES
Analysis Options
Sep 01, 2016 00:00:00
Sep 01, 2016 02:00:00
Sep 01, 2016 00:00:00
0 days
0 01:00:00 days hh:mm:ss
0 00:05:00 days hh:mm:ss
0 00:05:00 days hh:mm:ss
30 seconds
Number of Elements
Qty
0
4
4
1
1
0
0
2
5
1
0
0
2
2
0
0
0
Rainfall Details
100 year(s)
Orifices .........................................................................
Weirs ............................................................................
Outlets .........................................................................
Pollutants ..............................................................................
Land Uses ............................................................................
Return Period........................................................................
Inlets ............................................................................
Storage Nodes .............................................................
Links......................................................................................
Channels ......................................................................
Pipes ............................................................................
Pumps ..........................................................................
Rain Gages ..........................................................................
Subbasins..............................................................................
Nodes....................................................................................
Junctions ......................................................................
Outfalls .........................................................................
Flow Diversions ............................................................
Start Reporting On ...............................................................
Antecedent Dry Days ............................................................
Runoff (Dry Weather) Time Step ..........................................
Runoff (Wet Weather) Time Step .........................................
Reporting Time Step ............................................................
Routing Time Step ................................................................
Time of Concentration (TOC) Method ..................................
Link Routing Method .............................................................
Enable Overflow Ponding at Nodes .....................................
Skip Steady State Analysis Time Periods ............................
Start Analysis On ..................................................................
End Analysis On ...................................................................
File Name .............................................................................
Description ...........................................................................
1727 & 1737 Pearl St, Boulder, CO
Flow Units .............................................................................
Elevation Type ......................................................................
Hydrology Method ................................................................
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Attachment D - Site Review Plan Set
B1256 - NAVY Proposed Conditions
100-Year Storm
Subbasin Summary
SN Subbasin Area Weighted Total Total Total Peak Time of
ID Runoff Rainfall Runoff Runoff Runoff Concentration
Coefficient Volume
(ac)(in) (in) (ac-in) (cfs) (days hh:mm:ss)
1 A1 0.18 0.8900 0.90 0.80 0.14 1.71 0 00:05:00
2 A2 0.08 0.8900 0.90 0.80 0.06 0.73 0 00:05:00
3 A3 0.02 0.8300 0.90 0.75 0.01 0.13 0 00:05:00
4 A4 0.01 0.8400 0.90 0.76 0.01 0.12 0 00:05:00
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Attachment D - Site Review Plan Set
B1256 - NAVY Proposed Conditions
100-Year Storm
Node Summary
SN Element Element Invert Ground/Rim Initial Surcharge Ponded Peak Max HGL Max Min Time of Total Total Time
ID Type Elevation (Max) Water Elevation Area Inflow Elevation Surcharge Freeboard Peak Flooded Flooded
Elevation Elevation Attained Depth Attained Flooding Volume
Attained Occurrence
(ft) (ft) (ft) (ft) (ft²) (cfs) (ft) (ft) (ft) (days hh:mm) (ac-in) (min)
1 Jun-1 Junction 5327.80 5332.00 5327.80 0.00 0.00 2.38 5327.98 0.00 4.02 0 00:00 0.00 0.00
2 DP1 Outfall 5327.70 2.38 5327.88
3 RG_A1 Storage Node 5328.00 5331.00 5328.00 0.00 1.71 5329.34 0.00 0.00
4 RG_A2 Storage Node 5328.00 5331.00 5328.00 0.00 0.73 5329.16 0.00 0.00
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Attachment D - Site Review Plan Set
B1256 - NAVY Proposed Conditions100-Year StormLink SummarySN Element Element From To (Outlet) Length Inlet Outlet Average Diameter or Manning's Peak Design Flow Peak Flow/ Peak Flow Peak Flow Peak Flow Total Time ReportedIDType (Inlet) NodeInvert InvertSlope Height Roughness Flow Capacity Design Flow Velocity Depth Depth/ Surcharged ConditionNodeElevation ElevationRatioTotal DepthRatio(ft) (ft) (ft) (%) (in)(cfs) (cfs)(ft/sec) (ft)(min)1 Orifice1-1 Channel Jun-1 DP1 5.00 5327.80 5327.70 2.0000 24.000 0.0300 2.38 374.63 0.01 1.92 0.18 0.09 0.002 RG_A1_Orifice Orifice RG_A1 Jun-15328.00 5327.800.4380.013 RG_A2_Orifice Orifice RG_A2 Jun-15328.00 5327.800.4380.014 RG_A1_Weir Weir RG_A1 Jun-15328.00 5327.801.495 RG_A2_Weir Weir RG_A2 Jun-15328.00 5327.800.69 The Sanitas Group Page 4 of 18 3/27/2020Item 4A - Call Up Consideration; 1727 and 1737 Pearl Street Site Review Page 137 of 263Attachment D - Site Review Plan Set
B1256 - NAVY Proposed Conditions
100-Year Storm
Subbasin Hydrology
Subbasin : A1
Input Data
Area (ac) ....................................................... 0.18
Weighted Runoff Coefficient ......................... 0.8900
Runoff Coefficient
Area Soil Runoff
Soil/Surface Description (acres) Group Coeff.
-0.18 -0.89
Composite Area & Weighted Runoff Coeff. 0.18 0.89
Subbasin Runoff Results
Total Rainfall (in) .......................................... 0.90
Total Runoff (in) ............................................ 0.80
Peak Runoff (cfs) .......................................... 1.71
Rainfall Intensity ........................................... 10.800
Weighted Runoff Coefficient .........................0.8900
Time of Concentration (days hh:mm:ss) .......0 00:05:00
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Attachment D - Site Review Plan Set
B1256 - NAVY Proposed Conditions
100-Year Storm
Subbasin : A2
Input Data
Area (ac) ....................................................... 0.08
Weighted Runoff Coefficient ......................... 0.8900
Runoff Coefficient
Area Soil Runoff
Soil/Surface Description (acres) Group Coeff.
-0.08 -0.89
Composite Area & Weighted Runoff Coeff. 0.08 0.89
Subbasin Runoff Results
Total Rainfall (in) .......................................... 0.90
Total Runoff (in) ............................................ 0.80
Peak Runoff (cfs) .......................................... 0.73
Rainfall Intensity ........................................... 10.800
Weighted Runoff Coefficient .........................0.8900
Time of Concentration (days hh:mm:ss) .......0 00:05:00
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Attachment D - Site Review Plan Set
B1256 - NAVY Proposed Conditions
100-Year Storm
Subbasin : A3
Input Data
Area (ac) ....................................................... 0.02
Weighted Runoff Coefficient ......................... 0.8300
Runoff Coefficient
Area Soil Runoff
Soil/Surface Description (acres) Group Coeff.
-0.02 -0.83
Composite Area & Weighted Runoff Coeff. 0.02 0.83
Subbasin Runoff Results
Total Rainfall (in) .......................................... 0.90
Total Runoff (in) ............................................ 0.75
Peak Runoff (cfs) .......................................... 0.13
Rainfall Intensity ........................................... 10.800
Weighted Runoff Coefficient .........................0.8300
Time of Concentration (days hh:mm:ss) .......0 00:05:00
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Attachment D - Site Review Plan Set
B1256 - NAVY Proposed Conditions
100-Year Storm
Subbasin : A4
Input Data
Area (ac) ....................................................... 0.01
Weighted Runoff Coefficient ......................... 0.8400
Runoff Coefficient
Area Soil Runoff
Soil/Surface Description (acres) Group Coeff.
-0.01 -0.84
Composite Area & Weighted Runoff Coeff. 0.01 0.84
Subbasin Runoff Results
Total Rainfall (in) .......................................... 0.90
Total Runoff (in) ............................................ 0.76
Peak Runoff (cfs) .......................................... 0.12
Rainfall Intensity ........................................... 10.800
Weighted Runoff Coefficient .........................0.8400
Time of Concentration (days hh:mm:ss) .......0 00:05:00
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Attachment D - Site Review Plan Set
B1256 - NAVY Proposed Conditions
100-Year Storm
Junction Input
SN Element Invert Ground/Rim Ground/Rim Initial Initial Surcharge Surcharge Ponded Minimum
ID Elevation (Max) (Max) Water Water Elevation Depth Area Pipe
Elevation Offset Elevation Depth Cover
(ft) (ft) (ft) (ft) (ft) (ft) (ft) (ft²) (in)
1 Jun-1 5327.80 5332.00 4.20 5327.80 0.00 0.00 -5332.00 0.00 0.00
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Attachment D - Site Review Plan Set
B1256 - NAVY Proposed Conditions
100-Year Storm
Junction Results
SN Element Peak Peak Max HGL Max HGL Max Min Average HGL Average HGL Time of Time of Total Total Time
ID Inflow Lateral Elevation Depth Surcharge Freeboard Elevation Depth Max HGL Peak Flooded Flooded
Inflow Attained Attained Depth Attained Attained Attained Occurrence Flooding Volume
Attained Occurrence
(cfs) (cfs) (ft) (ft) (ft) (ft)(ft)(ft) (days hh:mm) (days hh:mm) (ac-in) (min)
1 Jun-1 2.38 0.25 5327.98 0.18 0.00 4.02 5327.82 0.02 0 00:05 0 00:00 0.00 0.00
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Attachment D - Site Review Plan Set
B1256 - NAVY Proposed Conditions
100-Year Storm
Channel Input
SN Element Length Inlet Inlet Outlet Outlet Total Average Shape Height Width Manning's Entrance Exit/Bend Additional Initial Flap
ID Invert Invert Invert Invert Drop Slope Roughness Losses Losses Losses Flow Gate
Elevation Offset Elevation Offset
(ft) (ft) (ft) (ft) (ft) (ft) (%)(ft) (ft)(cfs)
1 Orifice1-1 5.00 5327.80 0.00 5327.70 0.00 0.10 2.0000 Trapezoidal 2.000 45.000 0.0300 0.0000 0.0000 0.0000 0.00 No
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Attachment D - Site Review Plan Set
B1256 - NAVY Proposed Conditions
100-Year Storm
Channel Results
SN Element Peak Time of Design Flow Peak Flow/ Peak Flow Travel Peak Flow Peak Flow Total Time Froude Reported
ID Flow Peak Flow Capacity Design Flow Velocity Time Depth Depth/ Surcharged Number Condition
Occurrence Ratio Total Depth
Ratio
(cfs) (days hh:mm) (cfs)(ft/sec) (min) (ft)(min)
1 Orifice1-1 2.38 0 00:05 374.63 0.01 1.92 0.04 0.18 0.09 0.00
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Attachment D - Site Review Plan Set
B1256 - NAVY Proposed Conditions
100-Year Storm
Storage Nodes
Storage Node : RG_A1
Input Data
5328.00
5331.00
3.00
5328.00
0.00
0.00
0.00
Storage Area Volume Curves
Storage Curve : RG_A1
Stage Storage Storage
Area Volume
(ft)(ft²)(ft³)
0 193 0.000
3 193 579.00
Evaporation Loss .....................................................................
Invert Elevation (ft) ...................................................................
Max (Rim) Elevation (ft) ...........................................................
Max (Rim) Offset (ft) .................................................................
Initial Water Elevation (ft) .........................................................
Initial Water Depth (ft) ..............................................................
Ponded Area (ft²) ......................................................................
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Attachment D - Site Review Plan Set
B1256 - NAVY Proposed Conditions
100-Year Storm
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Attachment D - Site Review Plan Set
B1256 - NAVY Proposed Conditions
100-Year Storm
Storage Node : RG_A1 (continued)
Outflow Weirs
SN Element Weir Flap Crest Crest Length Weir Total Discharge
ID Type Gate Elevation Offset Height Coefficient
(ft) (ft) (ft) (ft)
1 RG_A1_Weir Trapezoidal No 5329.08 1.08 3.25 0.50 3.33
Outflow Orifices
SN Element Orifice Orifice Flap Circular Rectangular Rectangular Orifice Orifice
ID Type Shape Gate Orifice Orifice Orifice Invert Coefficient
Diameter Height Width Elevation
(in) (in) (in) (ft)
1 RG_A1_Orifice Side CIRCULAR No 0.44 5328.00 0.61
Output Summary Results
1.71
1.71
1.50
0.00
5329.34
1.34
5328.99
0.99
0 00:06
0.000
0
0
0.00
Total Time Flooded (min) .........................................................
Total Retention Time (sec) .......................................................
Max HGL Depth Attained (ft) ....................................................
Average HGL Elevation Attained (ft) ........................................
Average HGL Depth Attained (ft) .............................................
Time of Max HGL Occurrence (days hh:mm) ...........................
Total Exfiltration Volume (1000-ft³) ..........................................
Total Flooded Volume (ac-in) ...................................................
Peak Inflow (cfs) .......................................................................
Peak Lateral Inflow (cfs) ...........................................................
Peak Outflow (cfs) ....................................................................
Peak Exfiltration Flow Rate (cfm) .............................................
Max HGL Elevation Attained (ft) ...............................................
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Attachment D - Site Review Plan Set
B1256 - NAVY Proposed Conditions
100-Year Storm
Storage Node : RG_A2
Input Data
5328.00
5331.00
3.00
5328.00
0.00
0.00
0.00
Storage Area Volume Curves
Storage Curve : RG_A2
Stage Storage Storage
Area Volume
(ft)(ft²)(ft³)
0 84 0.000
3 84 252.00
Initial Water Depth (ft) ..............................................................
Ponded Area (ft²) ......................................................................
Evaporation Loss .....................................................................
Invert Elevation (ft) ...................................................................
Max (Rim) Elevation (ft) ...........................................................
Max (Rim) Offset (ft) .................................................................
Initial Water Elevation (ft) .........................................................
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Attachment D - Site Review Plan Set
B1256 - NAVY Proposed Conditions
100-Year Storm
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Attachment D - Site Review Plan Set
B1256 - NAVY Proposed Conditions
100-Year Storm
Storage Node : RG_A2 (continued)
Outflow Weirs
SN Element Weir Flap Crest Crest Length Weir Total Discharge
ID Type Gate Elevation Offset Height Coefficient
(ft) (ft) (ft) (ft)
1 RG_A2_Weir Trapezoidal No 5329.00 1.00 3.25 0.50 3.33
Outflow Orifices
SN Element Orifice Orifice Flap Circular Rectangular Rectangular Orifice Orifice
ID Type Shape Gate Orifice Orifice Orifice Invert Coefficient
Diameter Height Width Elevation
(in) (in) (in) (ft)
1 RG_A2_Orifice Side CIRCULAR No 0.44 5328.00 0.61
Output Summary Results
0.73
0.73
0.69
0.00
5329.16
1.16
5328.82
0.82
0 00:05
0.000
0
0
0.00
Total Exfiltration Volume (1000-ft³) ..........................................
Total Flooded Volume (ac-in) ...................................................
Total Time Flooded (min) .........................................................
Total Retention Time (sec) .......................................................
Peak Exfiltration Flow Rate (cfm) .............................................
Max HGL Elevation Attained (ft) ...............................................
Max HGL Depth Attained (ft) ....................................................
Average HGL Elevation Attained (ft) ........................................
Average HGL Depth Attained (ft) .............................................
Time of Max HGL Occurrence (days hh:mm) ...........................
Peak Inflow (cfs) .......................................................................
Peak Lateral Inflow (cfs) ...........................................................
Peak Outflow (cfs) ....................................................................
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Attachment D - Site Review Plan Set
COPYRIGHTCSheet Issue & Revision LogIt is the client's responsibility prior to or during construction to notify the architect inwriting of any perceived errors or omissions in the plans and specifications ofwhich a contractor thoroughly knowledgeable with the building codes and methodsof construction should reasonably be aware. Written instructions addressing suchperceived errors or omissions shall be received from the architect prior to the clientor client's subcontractors proceeding with the work. The client shall be responsiblefor any defects in construction if these procedures are not followed.NoDate Description801 MAIN STREET, SUITE 225LOUISVILLE, CO 80027 303.981.9238PROJECT CONTACT: CURTIS STEVENS, P.E.4913 Valkyrie Dr.BW Sons & Daughters LLCBoulder, Colorado 80301720.938.6918NAVY1737 PEARL ST. BOULDER, CO 80302STUDIO Project No:FOR REFERENCE ONLY18_009_0012/03/18 SITE REVIEW07/08/19 SITE REVIEW REVISION #109/30/19 SITE REVIEW REVISION #211/11/19 SITE REVIEW REVISION #303/30/20 SITE REVIEW REVISION #4EXISTING CONDITIONSDRAINAGE PLANSR-C4.00SITE REVIEWNOT FOR CONSTRUCTIONItem 4A - Call Up Consideration; 1727 and 1737 Pearl Street Site Review Page 152 of 263Attachment D - Site Review Plan Set
UPUPUPUPCOPYRIGHTCSheet Issue & Revision LogIt is the client's responsibility prior to or during construction to notify the architect inwriting of any perceived errors or omissions in the plans and specifications ofwhich a contractor thoroughly knowledgeable with the building codes and methodsof construction should reasonably be aware. Written instructions addressing suchperceived errors or omissions shall be received from the architect prior to the clientor client's subcontractors proceeding with the work. The client shall be responsiblefor any defects in construction if these procedures are not followed.NoDate Description801 MAIN STREET, SUITE 225LOUISVILLE, CO 80027 303.981.9238PROJECT CONTACT: CURTIS STEVENS, P.E.4913 Valkyrie Dr.BW Sons & Daughters LLCBoulder, Colorado 80301720.938.6918NAVY1737 PEARL ST. BOULDER, CO 80302STUDIO Project No:FOR REFERENCE ONLY18_009_0012/03/18 SITE REVIEW07/08/19 SITE REVIEW REVISION #109/30/19 SITE REVIEW REVISION #211/11/19 SITE REVIEW REVISION #303/30/20 SITE REVIEW REVISION #4PROPOSED CONDITIONSDRAINAGE PLANSR-C4.01SITE REVIEWNOT FOR CONSTRUCTIONItem 4A - Call Up Consideration; 1727 and 1737 Pearl Street Site Review Page 153 of 263Attachment D - Site Review Plan Set
COPYRIGHTCSheet Issue & Revision LogIt is the client's responsibility prior to or during construction to notify the architect inwriting of any perceived errors or omissions in the plans and specifications ofwhich a contractor thoroughly knowledgeable with the building codes and methodsof construction should reasonably be aware. Written instructions addressing suchperceived errors or omissions shall be received from the architect prior to the clientor client's subcontractors proceeding with the work. The client shall be responsiblefor any defects in construction if these procedures are not followed.NoDate Description801 MAIN STREET, SUITE 225LOUISVILLE, CO 80027 303.981.9238PROJECT CONTACT: CURTIS STEVENS, P.E.4913 Valkyrie Dr.BW Sons & Daughters LLCBoulder, Colorado 80301720.938.6918NAVY1737 PEARL ST. BOULDER, CO 80302STUDIO Project No:FOR REFERENCE ONLY18_009_0012/03/18 SITE REVIEW07/08/19 SITE REVIEW REVISION #109/30/19 SITE REVIEW REVISION #211/11/19 SITE REVIEW REVISION #303/30/20 SITE REVIEW REVISION #4SITE REVIEWNOT FOR CONSTRUCTIONPRELIMINARYWQ SECTIONSSR-C3.01Item 4A - Call Up Consideration; 1727 and 1737 Pearl Street Site Review Page 154 of 263Attachment D - Site Review Plan Set
Item 4A - Call Up Consideration; 1727 and 1737 Pearl Street Site Review Page 155 of 263
Attachment D - Site Review Plan Set
About MEI
Customer Focus MEI Story
Video
Headquarters
About MEI
Item 4A - Call Up Consideration; 1727 and 1737 Pearl Street Site Review Page 156 of 263
Attachment D - Site Review Plan Set
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Table of Contents
Item 4A - Call Up Consideration; 1727 and 1737 Pearl Street Site Review Page 157 of 263
Attachment D - Site Review Plan Set
4 MEI-Total Elevator Solutions
19336 607th Ave Mankato, MN 56001
Ph: 800-450-3060 www.meiusa.com
Email: mei@meiusa.com
Custom Elevators
Item 4A - Call Up Consideration; 1727 and 1737 Pearl Street Site Review Page 158 of 263
Attachment D - Site Review Plan Set
5MEI-Total Elevator Solutions
19336 607th Ave Mankato, MN 56001
Ph: 800-450-3060 www.meiusa.com
Email: mei@meiusa.com
Custom Elevators
Item 4A - Call Up Consideration; 1727 and 1737 Pearl Street Site Review Page 159 of 263
Attachment D - Site Review Plan Set
6 MEI-Total Elevator Solutions
19336 607th Ave Mankato, MN 56001
Ph: 800-450-3060 www.meiusa.com
Email: mei@meiusa.com
Custom Elevators
Item 4A - Call Up Consideration; 1727 and 1737 Pearl Street Site Review Page 160 of 263
Attachment D - Site Review Plan Set
7MEI-Total Elevator Solutions
19336 607th Ave Mankato, MN 56001
Ph: 800-450-3060 www.meiusa.com
Email: mei@meiusa.com
Custom Elevators
Item 4A - Call Up Consideration; 1727 and 1737 Pearl Street Site Review Page 161 of 263
Attachment D - Site Review Plan Set
8 MEI-Total Elevator Solutions
19336 607th Ave Mankato, MN 56001
Ph: 800-450-3060 www.meiusa.com
Email: mei@meiusa.com
Custom Elevators
Item 4A - Call Up Consideration; 1727 and 1737 Pearl Street Site Review Page 162 of 263
Attachment D - Site Review Plan Set
PassengerFront & Rear Openings
Front & Rear Openings
FreightFront & Rear Openings
Front & Rear Openings
Front & Rear Openings
Front & Rear Openings In-GroundHolelessHolelessHolelessHolelessENGINEERED TO ORDER
9MEI-Total Elevator Solutions
19336 607th Ave Mankato, MN 56001
Ph: 800-450-3060 www.meiusa.com
Email: mei@meiusa.com
Complete Elevator Packages
Item 4A - Call Up Consideration; 1727 and 1737 Pearl Street Site Review Page 163 of 263
Attachment D - Site Review Plan Set
CapacityPassenger Elevator Minimum Capacity Rating
10 MEI-Total Elevator Solutions
19336 607th Ave Mankato, MN 56001
Ph: 800-450-3060 www.meiusa.com
Email: mei@meiusa.com
Elevator Applications Provided by MEI
Item 4A - Call Up Consideration; 1727 and 1737 Pearl Street Site Review Page 164 of 263
Attachment D - Site Review Plan Set
Installed CostTypical Installed Cost vs. Car Type & Travel
In-Ground
Twin Jack Holeless, 1 Stage
Twin Jack Holeless, 2 Stage
Twin Jack Holeless, 3 Stage
Roped Hydraulic Twin Jack
MRL
11MEI-Total Elevator Solutions
19336 607th Ave Mankato, MN 56001
Ph: 800-450-3060 www.meiusa.com
Email: mei@meiusa.com
Elevator Applications Provided by MEI
Item 4A - Call Up Consideration; 1727 and 1737 Pearl Street Site Review Page 165 of 263
Attachment D - Site Review Plan Set
VALUE12 MEI-Total Elevator Solutions
19336 607th Ave Mankato, MN 56001
Ph: 800-450-3060 www.meiusa.com
Email: mei@meiusa.com
Adding Value to Every Project
Item 4A - Call Up Consideration; 1727 and 1737 Pearl Street Site Review Page 166 of 263
Attachment D - Site Review Plan Set
“MEI did an excellent job of scheduling
13MEI-Total Elevator Solutions
19336 607th Ave Mankato, MN 56001
Ph: 800-450-3060 www.meiusa.com
Email: mei@meiusa.com
In House Installation Training
Item 4A - Call Up Consideration; 1727 and 1737 Pearl Street Site Review Page 167 of 263
Attachment D - Site Review Plan Set
•
•
•
Quote
•
•
•
Customer
14 MEI-Total Elevator Solutions
19336 607th Ave Mankato, MN 56001
Ph: 800-450-3060 www.meiusa.com
Email: mei@meiusa.com
MEI Value Through Project Timeline
Item 4A - Call Up Consideration; 1727 and 1737 Pearl Street Site Review Page 168 of 263
Attachment D - Site Review Plan Set
15MEI-Total Elevator Solutions
19336 607th Ave Mankato, MN 56001
Ph: 800-450-3060 www.meiusa.com
Email: mei@meiusa.com
MEI Value Through Project Timeline
Item 4A - Call Up Consideration; 1727 and 1737 Pearl Street Site Review Page 169 of 263
Attachment D - Site Review Plan Set
16 MEI-Total Elevator Solutions
19336 607th Ave Mankato, MN 56001
Ph: 800-450-3060 www.meiusa.com
Email: mei@meiusa.com
MEI Group 1 Packages
Item 4A - Call Up Consideration; 1727 and 1737 Pearl Street Site Review Page 170 of 263
Attachment D - Site Review Plan Set
Advantages
ENGINEERED TO ORDER
47 see page 50see page
EOC
A
BDP1 or 2-Speed Doors
Side or Center Opening
7'-0"TRAVEL7'-0"
EO C
A
BDP7'-0"TRAVEL7'-0"
1 or 2-Speed Doors
Side or Center Opening
17MEI-Total Elevator Solutions
19336 607th Ave Mankato, MN 56001
Ph: 800-450-3060 www.meiusa.com
Email: mei@meiusa.com
In-GroundPassenger
Item 4A - Call Up Consideration; 1727 and 1737 Pearl Street Site Review Page 171 of 263
Attachment D - Site Review Plan Set
Advantages
EFC
A
BSDOP7'-0"TRAVEL7'-0"
Front Door
ENGINEERED TO ORDER
47 see page 50see page
18 MEI-Total Elevator Solutions
19336 607th Ave Mankato, MN 56001
Ph: 800-450-3060 www.meiusa.com
Email: mei@meiusa.com
In-Ground, Rear/Side SlungPassenger
Item 4A - Call Up Consideration; 1727 and 1737 Pearl Street Site Review Page 172 of 263
Attachment D - Site Review Plan Set
Advantages
Front
Rear
Door
unchanged
unchanged
unchanged
unchanged
unchanged
unchanged
unchanged
unchanged
unchanged
unchanged
ENGINEERED TO ORDER
EOC
A
BDP7'-0"TRAVEL7'-0"
1 or 2-Speed Doors
Side or Center Opening
EO C
A
BDP7'-0"TRAVEL7'-0"
1 or 2-Speed Doors
Side or Center Opening
47 see page 50see page
19MEI-Total Elevator Solutions
19336 607th Ave Mankato, MN 56001
Ph: 800-450-3060 www.meiusa.com
Email: mei@meiusa.com
Twin Jack Holeless, 1 & 2 StagePassenger
Item 4A - Call Up Consideration; 1727 and 1737 Pearl Street Site Review Page 173 of 263
Attachment D - Site Review Plan Set
Advantages
Front Rear Door
ENGINEERED TO ORDER
EOC
A
BDP7'-0"TRAVEL7'-0"
1 or 2-Speed Doors
Side or Center Opening
EO C
A
BDP7'-0"TRAVEL7'-0"
1 or 2-Speed Doors
Side or Center Opening
47 see page 50see page
20 MEI-Total Elevator Solutions
19336 607th Ave Mankato, MN 56001
Ph: 800-450-3060 www.meiusa.com
Email: mei@meiusa.com
Twin Jack Holeless, 3 StagePassenger
Item 4A - Call Up Consideration; 1727 and 1737 Pearl Street Site Review Page 174 of 263
Attachment D - Site Review Plan Set
Advantages
ENGINEERED TO ORDER
EFC
A
BSDOP7'-0"TRAVEL7'-0"
Front Door
see page 50see page 50see page
21MEI-Total Elevator Solutions
19336 607th Ave Mankato, MN 56001
Ph: 800-450-3060 www.meiusa.com
Email: mei@meiusa.com
Cantilever Holeless, Rear/Side SlungPassenger
Item 4A - Call Up Consideration; 1727 and 1737 Pearl Street Site Review Page 175 of 263
Attachment D - Site Review Plan Set
Advantages
Front Rear
ENGINEERED TO ORDER
EOC
A
BDPGovernorAccessDoor
7'-0"TRAVEL7'-0"
1 or 2-Speed Doors
Side or Center Opening
EO C
A
BDPGovernorAccessDoor
7'-0"TRAVEL7'-0"
1 or 2-Speed Doors
Side or Center Opening
47 see page 50see page
22 MEI-Total Elevator Solutions
19336 607th Ave Mankato, MN 56001
Ph: 800-450-3060 www.meiusa.com
Email: mei@meiusa.com
Twin Jack RopedPassenger
Item 4A - Call Up Consideration; 1727 and 1737 Pearl Street Site Review Page 176 of 263
Attachment D - Site Review Plan Set
Advantages
GovernorAccess
Door
OP7'-0"TRAVEL7'-0"
C
A
B SDE
GovernorAccess
Door
OP7'-0"TRAVEL7'-0"
EFC
A
B SDFront Door
ENGINEERED TO ORDER
see page 50see page 50see page
23MEI-Total Elevator Solutions
19336 607th Ave Mankato, MN 56001
Ph: 800-450-3060 www.meiusa.com
Email: mei@meiusa.com
Cantilever Roped, Rear/Side SlungPassenger
Item 4A - Call Up Consideration; 1727 and 1737 Pearl Street Site Review Page 177 of 263
Attachment D - Site Review Plan Set
Advantages
Access Door
E
C
A
BDOP7'-0"TRAVEL7'-0"Disconnect(by others)6'-0" MIN.
CONTROL ROOM
5'-0"
OPNG.3'-0"MIN.1 or 2-Speed Doors
Side or Center Opening
C
A
BDEOP7'-0"TRAVEL7'-0"Disconnect(by others)6'-0" MIN.
CONTROL ROOM
5'-0"
OPNG.3'-0"MIN.1 or 2-Speed Doors
Side or Center Opening
Rear Clear
Door Door
Mount
ENGINEERED TO ORDER
24 MEI-Total Elevator Solutions
19336 607th Ave Mankato, MN 56001
Ph: 800-450-3060 www.meiusa.com
Email: mei@meiusa.com
Traction, MRL - Pocket MountedPassenger
Item 4A - Call Up Consideration; 1727 and 1737 Pearl Street Site Review Page 178 of 263
Attachment D - Site Review Plan Set
Advantages
Rear Clear
Door Door
Mount
ENGINEERED TO ORDER
E
C
A
BD1 or 2-Speed Doors
Side or Center OpeningOP7'-0"TRAVEL7'-0"Disconnect(by others)6'-0" MIN.
CONTROL ROOM
5'-0"
OPNG.3'-0"MIN.C
A
BDEOP7'-0"TRAVEL7'-0"Disconnect(by others)6'-0" MIN.
CONTROL ROOM
5'-0"
OPNG.3'-0"MIN.1 or 2-Speed Doors
Side or Center Opening
25MEI-Total Elevator Solutions
19336 607th Ave Mankato, MN 56001
Ph: 800-450-3060 www.meiusa.com
Email: mei@meiusa.com
Traction, MRL - Rail MountedPassenger
Item 4A - Call Up Consideration; 1727 and 1737 Pearl Street Site Review Page 179 of 263
Attachment D - Site Review Plan Set
Advantages OC
A
BDPE
7'-0"TRAVEL7'-0"
1 or 2-Speed Doors
Side or Center Opening
EO C
A
BDP7'-0"TRAVEL7'-0"
1 or 2-Speed Doors
Side or Center Opening
EO C
A
BDP7'-0"TRAVEL7'-0"
1 or 2-Speed Doors
Side or Center Opening
Front
Rear
Door Door
Gearless
ENGINEERED TO ORDER
26 MEI-Total Elevator Solutions
19336 607th Ave Mankato, MN 56001
Ph: 800-450-3060 www.meiusa.com
Email: mei@meiusa.com
Traction, Low-Rise GearedPassenger
Item 4A - Call Up Consideration; 1727 and 1737 Pearl Street Site Review Page 180 of 263
Attachment D - Site Review Plan Set
FRAME
A
A
B
B
CC
D
D
E
E
27MEI-Total Elevator Solutions
19336 607th Ave Mankato, MN 56001
Ph: 800-450-3060 www.meiusa.com
Email: mei@meiusa.com
EntrancesPassenger
Item 4A - Call Up Consideration; 1727 and 1737 Pearl Street Site Review Page 181 of 263
Attachment D - Site Review Plan Set
28 MEI-Total Elevator Solutions
19336 607th Ave Mankato, MN 56001
Ph: 800-450-3060 www.meiusa.com
Email: mei@meiusa.com
EntrancesPassenger
Item 4A - Call Up Consideration; 1727 and 1737 Pearl Street Site Review Page 182 of 263
Attachment D - Site Review Plan Set
Front
•
•
•
•
•
•
•
•
•
29MEI-Total Elevator Solutions
19336 607th Ave Mankato, MN 56001
Ph: 800-450-3060 www.meiusa.com
Email: mei@meiusa.com
Entrance/Cab Replacement DoorsPassenger
Item 4A - Call Up Consideration; 1727 and 1737 Pearl Street Site Review Page 183 of 263
Attachment D - Site Review Plan Set
Walls
Door
Sill
Front
Canopy
Ceiling
Handrail
Also Available
Walls
Door
Sill
Front
Canopy
Handrail
Also Available
Plastic Laminate Cab
Standard Service Cab
30 MEI-Total Elevator Solutions
19336 607th Ave Mankato, MN 56001
Ph: 800-450-3060 www.meiusa.com
Email: mei@meiusa.com
Service & Plastic Laminate CabsPassenger Cabs
Item 4A - Call Up Consideration; 1727 and 1737 Pearl Street Site Review Page 184 of 263
Attachment D - Site Review Plan Set
Walls
Door
Sill
Front
Canopy
Ceiling
Handrail
Walls
Panels
Door
Sill
Front
Canopy
Ceiling
Handrail
Also Available
Glass Wall Cab
Raised Panel Cab
31MEI-Total Elevator Solutions
19336 607th Ave Mankato, MN 56001
Ph: 800-450-3060 www.meiusa.com
Email: mei@meiusa.com
Raised Panel & Glass Wall CabsPassenger Cabs
Item 4A - Call Up Consideration; 1727 and 1737 Pearl Street Site Review Page 185 of 263
Attachment D - Site Review Plan Set
C l a s s u p your Cab
32 MEI-Total Elevator Solutions
19336 607th Ave Mankato, MN 56001
Ph: 800-450-3060 www.meiusa.com
Email: mei@meiusa.com
Custom Cab InteriorsPassenger Cabs
Item 4A - Call Up Consideration; 1727 and 1737 Pearl Street Site Review Page 186 of 263
Attachment D - Site Review Plan Set
33MEI-Total Elevator Solutions
19336 607th Ave Mankato, MN 56001
Ph: 800-450-3060 www.meiusa.com
Email: mei@meiusa.com
Custom Cab InteriorsPassenger Cabs
Item 4A - Call Up Consideration; 1727 and 1737 Pearl Street Site Review Page 187 of 263
Attachment D - Site Review Plan Set
34 MEI-Total Elevator Solutions
19336 607th Ave Mankato, MN 56001
Ph: 800-450-3060 www.meiusa.com
Email: mei@meiusa.com
Ceilings & LightingPassenger Cabs
Item 4A - Call Up Consideration; 1727 and 1737 Pearl Street Site Review Page 188 of 263
Attachment D - Site Review Plan Set
35MEI-Total Elevator Solutions
19336 607th Ave Mankato, MN 56001
Ph: 800-450-3060 www.meiusa.com
Email: mei@meiusa.com
Handrails & BumpersPassenger Cabs
Item 4A - Call Up Consideration; 1727 and 1737 Pearl Street Site Review Page 189 of 263
Attachment D - Site Review Plan Set
/
36 MEI-Total Elevator Solutions
19336 607th Ave Mankato, MN 56001
Ph: 800-450-3060 www.meiusa.com
Email: mei@meiusa.com
Car Operating PanelPassenger Cabs
Item 4A - Call Up Consideration; 1727 and 1737 Pearl Street Site Review Page 190 of 263
Attachment D - Site Review Plan Set
Cab Fronts
Cab Doors
Aluminum
37MEI-Total Elevator Solutions
19336 607th Ave Mankato, MN 56001
Ph: 800-450-3060 www.meiusa.com
Email: mei@meiusa.com
Front, Door, & SillPassenger Cabs
Item 4A - Call Up Consideration; 1727 and 1737 Pearl Street Site Review Page 191 of 263
Attachment D - Site Review Plan Set
Advantages
Doors Doors
/
/
/
/
/
/
/
/
/
/
EOC
A
BDPFTRAVEL15"
Over 10,000 lbs.
Over 10,000 lbs.FEOC
A
BDPTRAVEL15"
Over 10,000 lbs.
47 see page 50see page
ENGINEERED TO ORDER
38 MEI-Total Elevator Solutions
19336 607th Ave Mankato, MN 56001
Ph: 800-450-3060 www.meiusa.com
Email: mei@meiusa.com
In-GroundFreight
Item 4A - Call Up Consideration; 1727 and 1737 Pearl Street Site Review Page 192 of 263
Attachment D - Site Review Plan Set
Advantages
Doors
47 see page 50see page FOPTRAVEL12”22”
18½”
EEC
A
DBR
RSENGINEERED TO ORDER
39MEI-Total Elevator Solutions
19336 607th Ave Mankato, MN 56001
Ph: 800-450-3060 www.meiusa.com
Email: mei@meiusa.com
In-Ground, Rear/Side SlungFreight
Item 4A - Call Up Consideration; 1727 and 1737 Pearl Street Site Review Page 193 of 263
Attachment D - Site Review Plan Set
Doors
/
/
/
/
/
/
Advantages
/
EOC
A
BDPFTRAVEL15"
Over 10,000 lbs.
Over 10,000 lbs.FEOC
A
BDPTRAVEL15"
Over 10,000 lbs.
47 see page 50see page
ENGINEERED TO ORDER
40 MEI-Total Elevator Solutions
19336 607th Ave Mankato, MN 56001
Ph: 800-450-3060 www.meiusa.com
Email: mei@meiusa.com
Twin Jack Holeless, 1 & 2 StageFreight
Item 4A - Call Up Consideration; 1727 and 1737 Pearl Street Site Review Page 194 of 263
Attachment D - Site Review Plan Set
Doors
/
/
/
/
/
Advantages
/
EOC
A
BDPFTRAVELFEOC
A
BDPTRAVEL47 see page 50see page
ENGINEERED TO ORDER
41MEI-Total Elevator Solutions
19336 607th Ave Mankato, MN 56001
Ph: 800-450-3060 www.meiusa.com
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Twin Jack Holeless, 3 StageFreight
Item 4A - Call Up Consideration; 1727 and 1737 Pearl Street Site Review Page 195 of 263
Attachment D - Site Review Plan Set
Doors
Advantages
/
Governor
Access
Door
EOC
A
BDPFTRAVEL15"
Over 10,000 lbs.
Over 10,000 lbs.
Governor
Access
Door
FEOC
A
BDPTRAVEL15"
Over 10,000 lbs.
47 see page 50see page
ENGINEERED TO ORDER
42 MEI-Total Elevator Solutions
19336 607th Ave Mankato, MN 56001
Ph: 800-450-3060 www.meiusa.com
Email: mei@meiusa.com
Twin Jack RopedFreight
Item 4A - Call Up Consideration; 1727 and 1737 Pearl Street Site Review Page 196 of 263
Attachment D - Site Review Plan Set
Doors
Front
Rear
Gate
Door
Advantages
/
EOC
A
BDPFTRAVEL15"
Over 10,000 lbs.FEOC
A
BDPTRAVEL15"
Over 10,000 lbs.
Over 10,000 lbs.
ENGINEERED TO ORDER
43MEI-Total Elevator Solutions
19336 607th Ave Mankato, MN 56001
Ph: 800-450-3060 www.meiusa.com
Email: mei@meiusa.com
Traction, Low-Rise GearedFreight
Item 4A - Call Up Consideration; 1727 and 1737 Pearl Street Site Review Page 197 of 263
Attachment D - Site Review Plan Set
EOC
A
BDPFTRAVELEOC
A
BDPFTRAVELRegular Doors
In-Ground
*ENGINEERED TO ORDER44 MEI-Total Elevator Solutions
19336 607th Ave Mankato, MN 56001
Ph: 800-450-3060 www.meiusa.com
Email: mei@meiusa.com
Automobile LiftsFreight
Item 4A - Call Up Consideration; 1727 and 1737 Pearl Street Site Review Page 198 of 263
Attachment D - Site Review Plan Set
Class A
Class B
Class C-3
Class A
Class B
45MEI-Total Elevator Solutions
19336 607th Ave Mankato, MN 56001
Ph: 800-450-3060 www.meiusa.com
Email: mei@meiusa.com
Freight Cabs
Item 4A - Call Up Consideration; 1727 and 1737 Pearl Street Site Review Page 199 of 263
Attachment D - Site Review Plan Set
Advantages
/
/
•
Model Motors
46 MEI-Total Elevator Solutions
19336 607th Ave Mankato, MN 56001
Ph: 800-450-3060 www.meiusa.com
Email: mei@meiusa.com
Submersible Power Units
Item 4A - Call Up Consideration; 1727 and 1737 Pearl Street Site Review Page 200 of 263
Attachment D - Site Review Plan Set
Advantages
/
•
Model Motors
47MEI-Total Elevator Solutions
19336 607th Ave Mankato, MN 56001
Ph: 800-450-3060 www.meiusa.com
Email: mei@meiusa.com
Dry/Belt-Driven Power Units
Item 4A - Call Up Consideration; 1727 and 1737 Pearl Street Site Review Page 201 of 263
Attachment D - Site Review Plan Set
Quote Online in Seconds!
www.meiusa.com
800-450-3060
Look for the “
Go Configure!
MEI -
MEI -
Detroit, MI
Springfield, MO
48 MEI-Total Elevator Solutions
19336 607th Ave Mankato, MN 56001
Ph: 800-450-3060 www.meiusa.com
Email: mei@meiusa.com
Power Units
Item 4A - Call Up Consideration; 1727 and 1737 Pearl Street Site Review Page 202 of 263
Attachment D - Site Review Plan Set
PARTS & TOOLS PARTS & TOOLSItem 4A - Call Up Consideration; 1727 and 1737 Pearl Street Site Review Page 203 of 263
Attachment D - Site Review Plan Set
Power Unit Parts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .49-51
Oil Coolers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .52-54
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .55
Piping Accessories . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .56-58
Limit Switches . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .59
Pully Bullys . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .60-61
Pit Equipment & Car Top Station . . . . . . . . . . . . . . . . . . . . . . . .62
Installation & Maintenance Tools . . . . . . . . . . . . . . . . . .63-65
Miscellaneous Elevator Accessories . . . . . . . . . . . . . . . . . .66
Rails & Accessories . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .67
Rail Guides . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .68-69
VMI Control Systems . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .70-73PARTS & TOOLSItem 4A - Call Up Consideration; 1727 and 1737 Pearl Street Site Review Page 204 of 263
Attachment D - Site Review Plan Set
49MEI-Total Elevator Solutions
19336 607th Ave Mankato, MN 56001
Ph: 800-450-3060 www.meiusa.com
Email: mei@meiusa.com
Power Unit Parts
Item 4A - Call Up Consideration; 1727 and 1737 Pearl Street Site Review Page 205 of 263
Attachment D - Site Review Plan Set
Item
- Item H - Item H
- Item H - Item H
- Item H
A
B
C
D
E
H
F
G
I
50 MEI-Total Elevator Solutions
19336 607th Ave Mankato, MN 56001
Ph: 800-450-3060 www.meiusa.com
Email: mei@meiusa.com
Power Unit Accessories
Item 4A - Call Up Consideration; 1727 and 1737 Pearl Street Site Review Page 206 of 263
Attachment D - Site Review Plan Set
K
N
M
Item
51MEI-Total Elevator Solutions
19336 607th Ave Mankato, MN 56001
Ph: 800-450-3060 www.meiusa.com
Email: mei@meiusa.com
Power Unit Accessories
Item 4A - Call Up Consideration; 1727 and 1737 Pearl Street Site Review Page 207 of 263
Attachment D - Site Review Plan Set
Remote Mount
•
52 MEI-Total Elevator Solutions
19336 607th Ave Mankato, MN 56001
Ph: 800-450-3060 www.meiusa.com
Email: mei@meiusa.com
Oil Cooler - AOC
Item 4A - Call Up Consideration; 1727 and 1737 Pearl Street Site Review Page 208 of 263
Attachment D - Site Review Plan Set
•
53MEI-Total Elevator Solutions
19336 607th Ave Mankato, MN 56001
Ph: 800-450-3060 www.meiusa.com
Email: mei@meiusa.com
Oil Cooler - BOL
Item 4A - Call Up Consideration; 1727 and 1737 Pearl Street Site Review Page 209 of 263
Attachment D - Site Review Plan Set
Item
Item
Item
Item
54 MEI-Total Elevator Solutions
19336 607th Ave Mankato, MN 56001
Ph: 800-450-3060 www.meiusa.com
Email: mei@meiusa.com
Oil Cooler Replacement Parts
Item 4A - Call Up Consideration; 1727 and 1737 Pearl Street Site Review Page 210 of 263
Attachment D - Site Review Plan Set
A B C
Silencer Cross Section View Air Charging
Valve
Hydraulic Oil 3 Baffle
Chamber
Diffuser Tube
Air Charge Bladder
A
C
B
Video
55MEI-Total Elevator Solutions
19336 607th Ave Mankato, MN 56001
Ph: 800-450-3060 www.meiusa.com
Email: mei@meiusa.com
Silencer/Muffler
Item 4A - Call Up Consideration; 1727 and 1737 Pearl Street Site Review Page 211 of 263
Attachment D - Site Review Plan Set
56 MEI-Total Elevator Solutions
19336 607th Ave Mankato, MN 56001
Ph: 800-450-3060 www.meiusa.com
Email: mei@meiusa.com
Piping Accessories
Item 4A - Call Up Consideration; 1727 and 1737 Pearl Street Site Review Page 212 of 263
Attachment D - Site Review Plan Set
57MEI-Total Elevator Solutions
19336 607th Ave Mankato, MN 56001
Ph: 800-450-3060 www.meiusa.com
Email: mei@meiusa.com
Piping Accessories
Item 4A - Call Up Consideration; 1727 and 1737 Pearl Street Site Review Page 213 of 263
Attachment D - Site Review Plan Set
Reducers
58 MEI-Total Elevator Solutions
19336 607th Ave Mankato, MN 56001
Ph: 800-450-3060 www.meiusa.com
Email: mei@meiusa.com
Piping Accessories
Item 4A - Call Up Consideration; 1727 and 1737 Pearl Street Site Review Page 214 of 263
Attachment D - Site Review Plan Set
59MEI-Total Elevator Solutions
19336 607th Ave Mankato, MN 56001
Ph: 800-450-3060 www.meiusa.com
Email: mei@meiusa.com
Limit Switches
Item 4A - Call Up Consideration; 1727 and 1737 Pearl Street Site Review Page 215 of 263
Attachment D - Site Review Plan Set
60 MEI-Total Elevator Solutions
19336 607th Ave Mankato, MN 56001
Ph: 800-450-3060 www.meiusa.com
Email: mei@meiusa.com
Submersible Pully Bully
Item 4A - Call Up Consideration; 1727 and 1737 Pearl Street Site Review Page 216 of 263
Attachment D - Site Review Plan Set
61MEI-Total Elevator Solutions
19336 607th Ave Mankato, MN 56001
Ph: 800-450-3060 www.meiusa.com
Email: mei@meiusa.com
Dry Pully Bully
Item 4A - Call Up Consideration; 1727 and 1737 Pearl Street Site Review Page 217 of 263
Attachment D - Site Review Plan Set
A
A
B
C
D
E
F
G
B
C
D
E
F
G
62 MEI-Total Elevator Solutions
19336 607th Ave Mankato, MN 56001
Ph: 800-450-3060 www.meiusa.com
Email: mei@meiusa.com
Pit Equipment & Car Top Station
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Attachment D - Site Review Plan Set
Channel Cart
Front
63MEI-Total Elevator Solutions
19336 607th Ave Mankato, MN 56001
Ph: 800-450-3060 www.meiusa.com
Email: mei@meiusa.com
Installation & Maintenance Tools
Item 4A - Call Up Consideration; 1727 and 1737 Pearl Street Site Review Page 219 of 263
Attachment D - Site Review Plan Set
64 MEI-Total Elevator Solutions
19336 607th Ave Mankato, MN 56001
Ph: 800-450-3060 www.meiusa.com
Email: mei@meiusa.com
Installation & Maintenance Tools
Item 4A - Call Up Consideration; 1727 and 1737 Pearl Street Site Review Page 220 of 263
Attachment D - Site Review Plan Set
65MEI-Total Elevator Solutions
19336 607th Ave Mankato, MN 56001
Ph: 800-450-3060 www.meiusa.com
Email: mei@meiusa.com
Installation & Maintenance Tools
Item 4A - Call Up Consideration; 1727 and 1737 Pearl Street Site Review Page 221 of 263
Attachment D - Site Review Plan Set
Face
D
D
C
C
C
C
B
B
A
A
E
E
F
F
F
66 MEI-Total Elevator Solutions
19336 607th Ave Mankato, MN 56001
Ph: 800-450-3060 www.meiusa.com
Email: mei@meiusa.com
Miscellaneous Elevator Accessories
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Attachment D - Site Review Plan Set
Item
A B
67MEI-Total Elevator Solutions
19336 607th Ave Mankato, MN 56001
Ph: 800-450-3060 www.meiusa.com
Email: mei@meiusa.com
Rails & Accessories
Item 4A - Call Up Consideration; 1727 and 1737 Pearl Street Site Review Page 223 of 263
Attachment D - Site Review Plan Set
Item Mount
C
A B
F G
E
D
68 MEI-Total Elevator Solutions
19336 607th Ave Mankato, MN 56001
Ph: 800-450-3060 www.meiusa.com
Email: mei@meiusa.com
Rail Guides
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Attachment D - Site Review Plan Set
Item Mount
Model A Model B Model C Model DX
N
Q
R
69MEI-Total Elevator Solutions
19336 607th Ave Mankato, MN 56001
Ph: 800-450-3060 www.meiusa.com
Email: mei@meiusa.com
Rail Guides
Item 4A - Call Up Consideration; 1727 and 1737 Pearl Street Site Review Page 225 of 263
Attachment D - Site Review Plan Set
Quote Request
Controller can be
70 Vertitron Midwest, Inc.
19336 607th Ave Mankato, MN 56001
Ph: 888-864-3683 www.vertitron.com
Email: sales@vertitron.com
Controller & Power Unit Mod Package
Item 4A - Call Up Consideration; 1727 and 1737 Pearl Street Site Review Page 226 of 263
Attachment D - Site Review Plan Set
VMI / EMS
Video
Online Quote
Request
A B
B
A
71Vertitron Midwest, Inc.
19336 607th Ave Mankato, MN 56001
Ph: 888-864-3683 www.vertitron.com
Email: sales@vertitron.com
Hydraulic Controls & Solid State Starters
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Attachment D - Site Review Plan Set
Quote Request Online
Quote
Request
LOADED ELEVATOR?
CAR POSITION
OPEN / CLOSE
Placing calls to the elevator
is easier than ever...
Control your elevator
from your PHONE!
Place calls
Hold doors
View status
Position
Car loaded or empty
Compatible with iOS,
Android, Mac, PC and
other smart devices
Remote Control Systems / Replacement Buttons
72 Vertitron Midwest, Inc.
19336 607th Ave Mankato, MN 56001
Ph: 888-864-3683 www.vertitron.com
Email: sales@vertitron.com
Item 4A - Call Up Consideration; 1727 and 1737 Pearl Street Site Review Page 228 of 263
Attachment D - Site Review Plan Set
Reflex 3.14 Integrated
with VHC-102 Control
Fast. Smart. Green.
°F
73Vertitron Midwest, Inc.
19336 607th Ave Mankato, MN 56001
Ph: 888-864-3683 www.vertitron.com
Email: sales@vertitron.com
Reflex 3.14 Leveling System
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Attachment D - Site Review Plan Set
MEI History
Item 4A - Call Up Consideration; 1727 and 1737 Pearl Street Site Review Page 230 of 263
Attachment D - Site Review Plan Set
19901979Original Farm Site
Through the Years
20021998
2015
2011
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Attachment D - Site Review Plan Set
MEI-Total Elevator Solutions
19336 607th Ave.
Mankato, MN 56001
Ph: 1-800-450-3060
Email: mei@ meiusa.com
www.meiusa.com
An EOE/AA Employer
MEI-Total Elevator Solutions - all of our equipment is engineered to
order but we also pride ourselves in providing complete elevator solutions.
Item 4A - Call Up Consideration; 1727 and 1737 Pearl Street Site Review Page 232 of 263
Attachment D - Site Review Plan Set
Specification for Holeless Freight Elevators
Part 1 General
1.01 Description
A. This specification is intended to cover the complete furnishing and installing of one
holeless freight elevator as manufactured by Minnesota Elevator, Incorporated or
approved equal. All work shall be performed in a professional manner and is to include
all work and material in accordance with the drawings and as specified herein. In all
cases where a device or part of the equipment is herein referred to in the singular
number, it is intended that such reference shall apply to as many such devices as are
required to complete the installation.
1.02 Work not included
A. To complete this installation, the following items must be performed or furnished by
other than the elevator contractor in accordance with governing codes:
1. A properly framed and enclosed legal hoistway, including venting as required by the
governing code or authority. Temperature in hoistway to be maintained between 40o F.
and 90o F.
2. Suitable machine room with legal access and ventilation, with concrete floor.
Temperature in machine room to be maintained between 55o F. and 90o F.
3. Adequate rail bracket supports, bracket spacing as required by governing code.
Separator beams and machine beams where required.
4. Dry pit reinforced to sustain normal vertical forces from rails where required and
impact loads from buffer.
5. Any cutting, including cutouts to accommodate hall signal fixtures, patching and
painting of walls, floors or partition is together with finish painting of doors and frames.
6. Mechanical requirements as follows:
a. Machine room venting.
7. Electrical requirements as follows:
a. All electric power for lights, tools, hoists, etc. during erection as well as electric
current for starting, testing and adjusting the elevator.
b. A fused disconnect switch for each elevator per the National Electrical Code with
feeder or branch wiring to controller. Size by elevator contractor.
Item 4A - Call Up Consideration; 1727 and 1737 Pearl Street Site Review Page 233 of 263
Attachment D - Site Review Plan Set
c. A 120 volt, AC, 15 amp, single phase power supply with fused SPST disconnect
switch for each elevator, with feeder wiring to each controller for car lights.
d. Suitable light and convenience outlets in machine room with light switches located
within 18 inches of lock jamb side of machine room door.
e. Convenience outlet and light fixture in pit with switch located adjacent to the access
door.
8. Guarding and protecting the hoistway during construction. The protection of the
hoistway shall include solid panels surrounding each hoistway opening at each floor, a
minimum of 48 inches high. Hoistway guards to be erected, maintained and removed
by others.
9. Provide and install freight door frames plumb to each other.
1.03 Quality
A. All work shall be performed in accordance with (the edition adopted by the governing
authority as of the date bids are taken) of the American National Standard Safety Code
for Elevators, Dumbwaiters, Escalators and Moving Walks (ASME A17.1), the National
Electrical Code and/or such State and local codes as may be applicable.
1.04 Submittals
A. Shop Drawings: The elevator contractor shall prepare drawings showing the general
arrangement of the elevator equipment and cab. These drawings shall be approved
and the hoistway size guaranteed before proceeding with fabrication and installation of
the elevator.
1.05 Permits taxes and licenses
A. All applicable sales and use taxes, permit fees and licenses, of the date bids are
taken, shall be paid for by the elevator contractor.
1.06 Warranty
A. Minnesota Elevator, Inc. products are guaranteed for 24 months from the date of
shipment from our plant against any manufacturing defects in material and
workmanship, which may develop in service for which they were intended or
recommended.
1.07 Maintenance
A. A quality maintenance service consisting of regular examinations, adjustments and
lubrication of the elevator equipment shall be provided by the elevator contractor for a
period of three (3) months after the elevator has been turned over for the customer's
use. All work shall be performed by competent employees during regular working hours
Item 4A - Call Up Consideration; 1727 and 1737 Pearl Street Site Review Page 234 of 263
Attachment D - Site Review Plan Set
of regular working days and shall include emergency 24 hour callback service. This
callback service shall not cover adjustments, repairs or replacement of parts due to
negligence, misuse, abuse or accidents caused by persons other than the elevator
contractor. Only genuine parts and supplies as used in the manufacture and installation
of the original equipment shall be provided.
1.08 Job conditions
A. Temporary Use of Elevator: Should any elevator be required for use before final
completion, others shall provide without expense to elevator contractor, if required,
temporary car enclosures, requisite guards or other protection for elevator hoistway
openings, main line switch with wiring, necessary power, signaling devices, lights in car
and elevator operators together with any other special labor or equipment needed to
permit this temporary usage. The elevator contractor shall be reimbursed for any labor
and materials which is not part of the permanent elevator installation and which is
required to provide temporary elevator service. In addition, the elevator contractor's
temporary acceptance form shall be executed before any elevator is placed in
temporary service, and the cost of power and operation, maintenance or the equipment
and rehabilitation of equipment shall be paid for by others.
Part 2 Products
2.01 Elevator Equipment
A. Description of equipment:
1. Capacity: ______ lbs.
2. Speed: _____ FPM
3. Operation: Simplex Selective/Collective
4. Car Platform Size: ___’-___” wide by ___’-___” deep
5. Clear Hoistway Size: ___’-___” wide by ___’-___” deep
6. Pit depth _______________
7. Overhead __________________
8. Travel (verify): _____’-___”
9. Power Supply: ______ VAC (verify), 3 phase, 60 cycle
10. Stops: _______
Item 4A - Call Up Consideration; 1727 and 1737 Pearl Street Site Review Page 235 of 263
Attachment D - Site Review Plan Set
11. Openings front ____________
12. Openings rear _____________
B. Rails
Steel elevator guide rails shall be furnished to guide the car, erected plumb and
securely fastened to the building structure.
C. Wiring
All wiring and electrical connections shall comply with the governing codes. Insulated
wiring shall have flame retardant and moisture-proof outer covering, and shall be run in
conduit tubing or electrical wireways. Traveling cables shall be flexible and suspended
to relieve strain on individual conductors.
D. Leveling device
The elevator shall be provided with an automatic leveling device which will bring the car
to a stop within 1/4" of the landing level regardless of load or direction of travel. Landing
level will be maintained within the leveling zone irrespective of the hoistway doors being
open or closed.
E. Pit switch
An emergency stop switch shall be located in the pit.
F. Controller: Microprocessor based, non-proprietary, VMI controller.
G. Platform
The car platform shall be of steel construction with a fire rated plywood subflooring and
painted steel diamond plate floor. Steel, code compliant, toe guard. Diagonal braces
from toe guard bottom to platform stringers.
H. Car frame
A suitable car frame fabricated from formed or structural steel members shall be
provided with adequate bracing to support the platform and car enclosure. Buffers as
specified by code to stop car. Guides shall be mounted on top and bottom of the car
frame to engage the guide rails.
I. Cylinder
The cylinder shall be constructed of steel pipe of sufficient thickness and suitable for the
operating pressure per current ASME 17.1 Code. The top of the cylinder shall be
equipped with a cylinder head with drip ring and self-adjusting packing. The plunger
shall be constructed of selected steel tubing or pipe of proper diameter machined true
and smooth with a fine polished finish. The plunger shall be provided with a stop ring
electrically welded to it to prevent the plunger from leaving the cylinder. The plunger
and cylinder shall be installed plumb and must operate freely with minimum friction.
Item 4A - Call Up Consideration; 1727 and 1737 Pearl Street Site Review Page 236 of 263
Attachment D - Site Review Plan Set
J. Oil line
Schedule 40 ASTM A-53 Grade B pipe shall be installed between the pumping unit and
the cylinder.
K. Oil line fittings
Fittings shall be of the grooved type. Shut-off valves shall be provided in the machine
room and in the elevator pit for maintenance and adjusting purposes.
L. Oil line support stands
Oil line shall be supported with an adequate number of support stands. Stands shall be
anchored to the floor or wall and adjustable in height. Isolation clamps shall secure the
oil line to the stand around the full 360 degree circumference.
M. Pumping unit tank
The storage tank shall be constructed of steel and shall be provided with a removable
cover containing a removable oil dip stick. The pump and submersible motor shall be
mounted on reinforced isolation. The control valve shall be mounted in the discharge
line above the oil level and easily accessible from the top of the tank. An air-bladder
silencer shall be provided at the control valve discharge.
N. Pumping unit motor
The motor shall be of the submersible alternating current, squirrel cage induction type
and shall be of a design adapted to electro-hydraulic requirements.
O. Pumping unit pump
The pump shall be a positive displacement screw type to give smooth operation and
shall be designed and manufactured for elevator service.
P. Pumping unit control valve
The control valve shall be manifold with up, down and check valve sections. A control
section including solenoid valves will direct the main valve and control up and down
starting, transition from full speed to leveling speed, up and down stops, pressure relief
and manual lowering. Down speed and up and down leveling shall be controlled at the
main valve sections. All of these functions shall be fully adjustable for maximum
smoothness and to meet contract conditions. The manual lowering feature will permit
lowering the elevator at slow speed in the event of power failure or for adjusting
purposes.
Q. Oil cooler (optional for low use elevators)
1. Oil cooler with heat rejection of 18,000 BTU/hr, based on ambient temperature 40
deg F cooler than oil out. Cooler may be mounted adjacent on pumping unit storage
tank or remote up to 110 ft. horizontally and 55 ft. vertically.
2. To include:
a. Single fan radiator
b. Adjustable thermostat control
c. Isolated radiator mounts
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d. 10 micron easily changeable filter
e. Restriction sight glass with bypass in case of plugged filter
f. Single plug for 115 VAC 20 amp separate circuit
g. Fittings, hardware, and instructions
2.02 Car and hall fixture
A. Car operating panel:
1. Applied car operating panel shall be furnished inside the cab. Panel will contain a
bank of mechanical illuminated buttons marked to correspond to the landings served, an
emergency stop button, door stop, door open and door close buttons.
2. The emergency call button shall be connected to a bell that serves as an emergency
signal. Light switch shall also be located in the car-operating panel.
3. Car operating panel shall contain all necessary operating components, buttons, and
switches as required by ANSI A.17.
B. Phase II fire operating instructions are to be displayed according to code on the car
operating panel.
C. Elevator number and “No Smoking” are to be on an inlaid plate on the car operating
panel, capacity in pounds will be engraved.
D. Top and bottom access switches included in hall stations.
E. Hall stations:
1. At each landing a single call button shall be provided.
2. Door open, door close, and an in-use light shall be provided in each hall station.
3. When a call is registered by momentary pressure on a landing button, that button
shall become illuminated and remain illuminated until the call is answered.
4. The designated fire return floor shall include a fireman’s emergency key switch that
meets state and local code requirements.
F. Phase I firefighters’ operating instructions are to be engraved or silk screened on the
designated fire return hall station faceplate.
2.03 Car Enclosure
A. Walls and canopy shall be 14 gauge steel panels. Wall panels shall be 24” width
maximum.
B. Canopy panels shall be 24” width maximum.
C. Wall panel seams shall line up with canopy panel seams.
D. Gate post shall be adjustable to accommodate variation in wall panels.
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E. Wall panels shall be interchangeable.
F. Canopy panels shall be interchangeable.
G. Lights to be (2) tube by 4' long fluorescent with top guards.
H. Finish to be powder coat.
I. Infrared curtain unit (ICU) door protection.
Part 3 Execution
3.01 Inspection
A. Prior to beginning the installation of elevator equipment, examine the following and
verify that no irregularities are existing that would affect quality or execution of work as
specified.
B. Hoistway condition:
1. Hoistway size and plumbness
2. Sill pockets
3. Sill supports
C. Do not proceed with installation until previous work conforms to project
requirements.
3.02 Installation
A. Install the elevator in accordance with accepted manufacturer's directions and ANSI
A17.1.
B. Install machine room equipment with clearances, hoists or other means for each
maintenance.
C. Install items so that they may be removed by portable hoists or other means for
maintenance.
3.03 Field quality control
A. Provide all personnel, equipment and instruments required for inspection and
testing.
B. Have acceptance inspection as required by local authority performed by enforcing
agency.
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3.04 Adjust and clean
A. Adjustments
Adjust brackets, controllers, leveling switches, generators, limit switches, stopping
switches and safety governors to operate to within accepted design tolerances.
Adjust car leveling devices so car stops within 1/4" of finished floor.
Lubricate all equipment in accordance with accepted manufacturer's instructions.
B. Clean Up
Removal from hoistway surfaces all loose materials and filings resulting from this work.
Clean machine room floor of dirt, oil and grease.
Remove crating and packing materials from premises.
End of section
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CITY OF BOULDER
CITY COUNCIL AGENDA ITEM
MEETING DATE: July 21, 2020
AGENDA TITLE: Call-up Consideration: Landmark Alteration Certificate for the
construction of an 1,800 sq. ft. addition to the 2,100 sq. ft. contributing house at 600
Spruce St. in the Mapleton Hill Historic District.
PRESENTERS
Jane S. Brautigam, City Manager
Chris Meschuk, Deputy City Manager
Mary Ann Weideman, Interim Planning Director
Lucas Markley, Assistant City Attorney II
Charles Ferro, Development Review Manager for Planning
James Hewat, Senior Historic Preservation Planner
Marcy Cameron, Historic Preservation Planner II
EXECUTIVE SUMMARY
The proposal to rehabilitate and construct an 1,800 sq. ft. addition to the contributing house at
600 Spruce St. in the Mapleton Hill Historic District was conditionally approved by the
Landmarks Board (5-0), at its July 8, 2020 meeting.
The decision was based upon the board’s consideration that the proposal generally meets the
Standards for Issuance of a Landmark Alteration Certificate in Chapter 9-11-18, B.R.C. 1981
and is generally consistent with the General Design Guidelines and the Mapleton Hill Historic
District Design Guidelines.
The board’s approval is subject to a 14-day call-up period by City Council, no later than July 22,
2020.
ATTACHMENTS
Attachment A: Disposition for 600 Spruce St., dated July 8, 2020.
Attachment B: Link to July 8, 2020 Landmarks Board Memorandum for 600 Spruce St.
Item 4B - LAC Consideration at 600 Spruce St.Page 1
Notice of Disposition
You are hereby advised that on July 8, 2020 the following action was taken by the Landmarks
Board:
ACTION: Recommended for conditional approval by a vote of 5-0
APPLICATION: Public hearing and consideration of an application to construct an
1,800 sq. ft. addition to the 2,100 sq. ft. contributing house at 600
Spruce St. in the Mapleton Hill Historic District, pursuant to
Section 9-11-5 of the Boulder Revised Code 1981 (HIS2020-
00145).
LOCATION: 600 Spruce St.
ZONING: RL-1 (Residential Low-1)
OWNER: Hal and Schuyler Bailey
APPLICANT: Tim Laughlin, Surround Architecture
This decision was based on the Board’s consideration that the application and evidence
presented, provided the stated conditions are met, the proposed Landmark Alteration Certificate
application is consistent with Section 9-11-18 B.R.C., 1981.
Applicant’s Presentation
Tim Laughlin, Surround Architecture (2520 Broadway, 80304) presented the application,
explained design choices and noted that the addition would not be visible from the alley.
Public Comment
1.Schuyler Bailey
600 Spruce St.
80302
Spoke in admiration of the neighborhood.
2.Lynn Segal
538 Dewey Ave.
80304
Asked questions about the application.
3.Ralph Sorenson
603 Spruce St.
80302
Reiterated his support for the application.
4.Cheri Belz
601 Kalmia Ave.
80304
Speaking on behalf of herself, not Historic Boulder, Inc.,
Ms. Belz spoke in support of the application, noting its
sensitive design.
Item 4B - LAC Consideration at 600 Spruce St.Page 2
5. Francis Scott Thomas
833 Spruce St.
80302
Spoke in support of the application and noted that the
addition would not affect the appearance of the alley.
6. Eleanor Johnson
531 Spruce St.
80302
Spoke in support of the application.
Motion
On a motion by R. Pelusio, seconded by A. Daniels, the Landmarks Board voted (5-0), to adopt
the staff memorandum dated July 8, 2020, as findings of the board and conditionally approve a
Landmark Alteration Certificate to rehabilitate and construct an 1,800 sq. ft. addition to the
contributing house at 600 Spruce Street, as shown on plans dated May 15th, 2020, finding that
the proposal meets the Standards for Issuance of a Landmark Alteration Certificate in Chapter 9-
11-18, B.R.C. 1981 and is generally consistent with the General Design Guidelines and the
Mapleton Hill Historic District Design Guidelines.
Prior to submitting a building permit application and final issuance of the Landmark Alteration
Certificate, the applicant shall submit to the Landmarks design review committee (Ldrc), for its
final review and approval:
1. The applicant shall be responsible for completing the work in compliance with the
approved plans dated May 15th, 2020, except as modified by these conditions of
approval.
2. Prior to submitting a building permit application and final issuance of the
Landmark Alteration Certificate, the applicant shall submit final architectural
plans and specifications to the Landmarks design review committee (Ldrc), for its
final review and approval to ensure that the final design of the building is
consistent with the General Design Guidelines the Mapleton Hill Historic District
Design Guidelines and the intent of this approval:
a. Revise design to replicate windows and doors on the façade of the historic
house, maintain the fenestration and rehabilitate historic windows on the
east and west faces;
b. Revise enclosure on the south wall of historic house to either maintain or
better reflect the solid-to-void ratio;
c. Consider the scale of the fenestration of the proposed addition in relation
to historic house;
d. Revise the design of the intersection of the west wing so that the
southwest corner of the historic gable is maintained, reduce and support
cantilever at east wing;
e. Minimize the extent of removal of mature trees on the property;
f. Provide details of windows, doors, trim, siding, roofing and hardscaping.
Item 4B - LAC Consideration at 600 Spruce St.Page 3
Figure 1. Location Map, 600 Spruce St.
Figure 2. 600 Spruce St. c. 1949. Courtesy Carnegie Library for Local History.
Figure 3. 600 Spruce St., façade, 2020.
Item 4B - LAC Consideration at 600 Spruce St.Page 4
Figure 4. 600 Spruce St., west face (left) and south face (right), 2020.
Figure 5. 600 Spruce St., existing site.
Figure 6. 600 Spruce St., proposed site plan.
Item 4B - LAC Consideration at 600 Spruce St.Page 5
Figure 7. North (front) elevation - existing (above) and proposed (below). Not to scale.
Figure 8. South (rear) elevation - existing (above) and proposed (below). Not to scale.
Item 4B - LAC Consideration at 600 Spruce St.Page 6
Figure 9. East (side) elevation - existing (above) and proposed (below). Not to scale.
Figure 10. West (side) elevation - existing (above) and proposed (below). Not to scale.
Item 4B - LAC Consideration at 600 Spruce St.Page 7
Figure 11. 600 Spruce St. Site section from west. Not to Scale.
Item 4B - LAC Consideration at 600 Spruce St.Page 8
FINAL Item 5A - 2nd rdg Ord 8405
Arts Commission Five to Seven P1
FINAL Item 5A - 2nd rdg Ord 8405
Arts Commission Five to Seven P2
Attachment A – Proposed Ordinance 8405
FINAL Item 5A - 2nd rdg Ord 8405
Arts Commission Five to Seven P3
Attachment A – Proposed Ordinance 8405
FINAL Item 5A - 2nd rdg Ord 8405
Arts Commission Five to Seven P4
Attachment A – Proposed Ordinance 8405
FINAL Item 5A - 2nd rdg Ord 8405
Arts Commission Five to Seven P5
Attachment A – Proposed Ordinance 8405
FINAL Item 5A - 2nd rdg Ord 8405
Arts Commission Five to Seven P6
FINAL Item 5B- 2nd Rdg Ord 8406
Emergency Charter Provisions P1
FINAL Item 5B- 2nd Rdg Ord 8406
Emergency Charter Provisions P2
FINAL Item 5B- 2nd Rdg Ord 8406
Emergency Charter Provisions P3
FINAL Item 5B- 2nd Rdg Ord 8406
Emergency Charter Provisions P4
FINAL Item 5B- 2nd Rdg Ord 8406
Emergency Charter Provisions P5
FINAL Item 5B- 2nd Rdg Ord 8406
Emergency Charter Provisions P6
FINAL Item 5B- 2nd Rdg Ord 8406
Emergency Charter Provisions P7
FINAL Item 5B- 2nd Rdg Ord 8406
Emergency Charter Provisions P8
Attachment A - Proposed Ordinance 8406
FINAL Item 5B- 2nd Rdg Ord 8406
Emergency Charter Provisions P9
Attachment A - Proposed Ordinance 8406
FINAL Item 5B- 2nd Rdg Ord 8406
Emergency Charter Provisions P10
.
Attachment A - Proposed Ordinance 8406
FINAL Item 5B- 2nd Rdg Ord 8406
Emergency Charter Provisions P11
Attachment A - Proposed Ordinance 8406
FINAL Item 5B- 2nd Rdg Ord 8406
Emergency Charter Provisions P12
CITY OF BOULDER
CITY COUNCIL AGENDA ITEM
MEETING DATE: July 21, 2020
AGENDA TITLE
Process for Municipal Building Name Change
PRESENTER/S
Jane S. Brautigam, City Manager
Tanya Ange, Deputy City Manager
Pam Davis, Assistant City Manager
Taylor Reimann, Assistant to the City Council
EXECUTIVE SUMMARY
The purpose of this item is to provide an update regarding the Municipal Building renaming
project and to discuss next steps in the process.
The City Manager’s Office has started scoping the task of renaming the building, located at 1777
Broadway, after Penfield Tate II, Boulder’s first and only African American mayor. Pursuant to
the city’s Policy on Commemorative Naming of Facilities (Attachment A), the renaming process
involves an internal application, creating a naming committee, some community engagement,
and reporting back to the City Manager and council for final approval.
COMMUNITY SUSTAINABILITY ASSESSMENTS AND IMPACTS
• Social – the municipal building has long served as a convening place for local officials,
elected leaders, and the public. The building hosts regular city council meetings, many of
the boards and commission meetings, trainings, community engagement opportunities,
and the city’s executive leadership offices. Renaming this building to honor Boulder’s
first and only African American mayor conveys community pride for diverse leadership.
Item 6A - Process for Municipal Building Name Change 1
FISCAL IMPACT
The budget and staff time impacts associated with the project include the replacement of three
“Municipal Building” signs around the structure, and the City Manager’s Office has identified
funding in the 2020 budget to cover these costs. The projected costs for renaming the building
range from approximately $11,000-$20,000. The quote is based on three name combination
options: Penfield Tate II Municipal Building, Penfield Tate II City Hall, or Penfield Tate II
Building. Additionally, some staff time is needed to undergo an IT process for changing the
building’s name in the city’s online systems.
BACKGROUND
At the 2020 annual council retreat, the Boulder City Council proposed renaming the Municipal
Building, located at 1777 Broadway, as an item for the 2020 workplan. Council discussed
renaming it after Penfield Tate II, known as a strong and involved leader who stood up for the
rights and protections of minority groups at a time when few people would. The city would like
to commemorate Tate as Boulder’s first and only African American Mayor, and celebrate his
contributions to the community throughout his life.
Staff have discussed the renaming project with Tate’s living relatives in the area who have
responded in support of the effort. His son, Penfield Tate III, lives in Denver and has
participated in Boulder housing events discussing the role of racism in the city’s housing
challenges. Tate’s two daughters, Paula Tate and Gail Tate, live in Boulder.
ANALYSIS
Next steps in the renaming process (in chronological order) include:
1. Complete a Commemorative Naming Application.
2. Create a community engagement process to solicit feedback from impacted stakeholders
and capture any controversies associated with the proposal. Initial conversations have
determined that the most appropriate level for engagement on this project should operate
on the Inform engagement level, with some Consultation.
3. The Commemorative Naming Application and a summary stakeholder feedback is then
submitted to the City Manager’s Office for consideration.
4. The application will first be reviewed by a city naming committee; comprised of
representatives from the City Manager’s Office and City Attorney’s Office, along with a
representative of the facility to be named. After reviewing the committee provides a
recommendation for the City Manager’s consideration.
5. The City Manager reviews the materials and determines whether to approve or deny the
proposal. Finally, council will have the option to reconsider the City Manager’s decision
at a council meeting and provide a final decision on the proposal.
History in Boulder:
• In 1968 Tate II received his law degree from University of Colorado Law School.
• In his career as a private practitioner, Tate focused on labor and employment law, and
civil rights discrimination claims in the federal courts. In addition, Tate II spent
considerable time representing and advising businesses on personnel employment issues,
government law issues, family law, and litigation matters.
Item 6A - Process for Municipal Building Name Change 2
• In the 1971 Boulder city council election Tate II was the top vote getter and became the
city’s first African American to serve on council. A few years later in 1974 he earned the
position as the city’s first African American Mayor, a title he held for one term until
1976.
• In Boulder, Tate II said he found homosexuals lived in fear that their employers would
find out about their sexual preferences, “I thought it was an area where government
protection should be provided.” During his time as Mayor, Tate II championed a human
rights ordinance protecting people from discrimination based on sexual orientation. His
advocacy efforts in this area were controversial at the time and received negative
backlash from the community and attempted to recall him from office. While he survived
the recall, his position ultimately lost him reelection and ended his political career.
• After serving on council Tate II was named to a seven-year term on the Colorado
Housing Finance Authority in 1977. Senate Democrats speculated that it was Tate’s
activity with the sexual orientation ordinance that cause the Senate Local Government
Committee to pass his confirmation but without a recommendation
• Some of his community involvement included being a founding board member of KBDI
Channel 12 in Boulder, National Black Caucus of Local Elected Officials, and Boulder
Hospice. He also served as the legal advisor to the University of Colorado Black Student
Alliance.
Altogether there are three formal policies for renaming processes in the city of Boulder:
• Citywide Commemorative Naming Policy – to name or rename city facilities in
commemoration of persons that have made unusually significant contributions to the city.
• Sponsorship Naming Policy – to name or rename city facilities in response to
sponsorship. This process may also be guided by a city naming committee, similar to the
Commemorative Naming Policy.
• Park and Plaza Naming Policy (Attachment B) – to name and dedicate city parks and
plazas owned and operated by the Parks and Recreation Department. These applications
must be considered and approved by a majority of the members of the Parks and
Recreation Advisory Board (PRAB). Upon approval by PRAB, the city council will have
the opportunity to review and reconsider the Board’s decision.
ATTACHMENTS
Attachment A - Policy on Commemorative Naming of Facilities
Attachment B - Park and Plaza Naming Policy
Item 6A - Process for Municipal Building Name Change 3
Attachment A - Policy on Commemorative Naming of Facilities
Item 6A - Process for Municipal Building Name Change 4
Attachment A - Policy on Commemorative Naming of Facilities
Item 6A - Process for Municipal Building Name Change 5
Attachment A - Policy on Commemorative Naming of Facilities
Item 6A - Process for Municipal Building Name Change 6
Attachment A - Policy on Commemorative Naming of Facilities
Item 6A - Process for Municipal Building Name Change 7
Attachment B - Park and Plaza Naming Policy
Park and Plaza Naming and Dedication
Policy PAGE 1
CITY OF BOULDER
DEPARTMENT OF PARKS AND RECREATION
***
POLICIES AND PROCEDURES
Park and Plaza Naming and EFFECTIVE DATE: September 2007
Dedication Policy ADOPTION DATE: September 2007
Jan Geden, CPRP, Director of Parks and Recreation
I. POLICY
It is the policy of the Parks and Recreation Department to provide community members with the
opportunity to name and dedicate city parks and plazas owned and operated by the Parks and
Recreation Department.
II. PURPOSE
The purpose of the park and plaza naming and dedication policy is to provide a clear process for
naming and dedicating parks and plazas owned and managed by the Parks and Recreation
Department.
III. PROCEDURES
Park and Plaza Naming
• Considerations for naming a park or plaza include one or more of the following:
1. Historic names relevant to the park or plaza;
2. Geographic names descriptive of the location or significant natural features
(including flora, fauna and geography in or near the park or plaza);
3. Cultural names relevant to the park or plaza;
4. Person(s) or organizations who made significant contributions to the park or plaza
being named;
5. Persons (or organizations) who made a significant contribution to the community
over an extended period of time; and/or
6. Person(s) or organizations donating land to be used for park or plaza purpose(s).
Item 6A - Process for Municipal Building Name Change 8
Attachment B - Park and Plaza Naming Policy
Park and Plaza Naming and Dedication
Policy PAGE 2
• Considerations for park or plaza name changes must be made through the completion of a
Park and Plaza Naming/Renaming Application (to be developed) to the Parks and
Recreation Advisory Board (through the Parks and Planning Superintendent).
• Prior to the Board’s consideration, the department will notify the impacted neighborhood
of the proposed park name or name change to allow time for comments prior to the Board
meeting. Staff will review the naming application and supporting documentation, along
with the public input and make a recommendation to the PRAB.
• All proposed names for Parks and Recreation Department owned and managed parks and
plazas must be considered and approved by a majority of the members of the Parks and
Recreation Advisory Board (PRAB) at a regular business meeting.
• Upon approval by the Parks and Recreation Advisory Board, a Weekly Information
Packet (WIP) item will be provided to City Council for their review and consideration
(through a City Council call-up), of the recommended name.
Park and Plaza Dedications
Areas within a named or unnamed park or plaza owned and managed by the Parks and
Recreation Department may be dedicated according to the following criteria:
• Considerations for dedicating a park or plaza include one or more of the following:
1. Persons (or organizations) who made significant contributions to the park or plaza
being named
2. Persons (or organizations) who donated the land for the park or plaza; and/or
3. Persons (or organizations) who made a significant contribution to the community
over an extended period of time.
• Considerations for park or plaza name changes must be made through the completion of a
Park and Plaza Dedication Application (to be developed) to the Parks and Recreation
Advisory Board (through the Parks and Planning Superintendent).
• Prior to the Board’s consideration, the department will notify the impacted neighborhood
of the proposed park name or name change to allow time for comments prior to the Board
meeting. Staff will review the naming application and supporting documentation, along
with the public input and make a recommendation to the PRAB.
• All proposed names for Parks and Recreation Department owned and managed parks and
plazas must be considered and approved by a majority of the members of the Parks and
Recreation Advisory Board (PRAB) at a regular business meeting.
• Upon approval by the Parks and Recreation Advisory Board, a Weekly Information
Packet (WIP) item will be provided to City Council for their review and consideration
(through a City Council call-up), of the recommended name.
Item 6A - Process for Municipal Building Name Change 9
Attachment B - Park and Plaza Naming Policy
Park and Plaza Naming and Dedication
Policy PAGE 3
Park and Plaza Naming and Dedication Policy Criteria
1. Name of the person/organization submitting the application_____________________
2. Current or working name of the park under consideration _____________________
3. Physical location of the park under consideration _____________________
4. Proposed name for the park under consideration _____________________
5. Is this a new name for an existing park? _____________________
6. Rationale for the name being proposed for park under consideration (may be as long as
applicant desires. Please provide supporting documentation if appropriate):
Item 6A - Process for Municipal Building Name Change 10
Item 7A - Discussion of Ballot Measure Issues Page 1
Item 7A - Discussion of Ballot Measure Issues Page 2
Item 7A - Discussion of Ballot Measure Issues Page 3
Item 7A - Discussion of Ballot Measure Issues Page 4
Item 7A - Discussion of Ballot Measure Issues Page 5
McCarville v. City of Colorado Springs,
McCarville
Item 7A - Discussion of Ballot Measure Issues Page 6
Item 7A - Discussion of Ballot Measure Issues Page 7
Item 7A - Discussion of Ballot Measure Issues Page 8
Charter Amendment Initiative Petition Guidelines
MUNICIPAL ELECTION
November 3, 2020
City of Boulder
Office of the City Clerk
Attachment A - Charter Amendment
Initiative Petition Guidelines
Item 7A - Discussion of Ballot Measure Issues Page 9
Charter Amendment Petition Guidelines 2020 2
This document provides general guidelines only and is not intended to be either an exhaustive
study of the petitioning process nor legal advice. Residents who are considering the petition
process are advised to consult independent legal counsel and to review the Boulder Home Rule
Charter and statutory provisions cited below.
What is the difference between a Municipal Initiative, a Charter Amendment and a
Referendum?
Municipal Initiative: A municipal initiative proposes an ordinance, resolution or other measure
to the City Council. The City Council can choose to adopt the ordinance, resolution or measure
or submit the ordinance, resolution or measure to a vote of the electors. Procedures for municipal
initiatives are found in Article IV of the Boulder Home Rule Charter, sections 37-42, and C.R.S.
section 31-11-101, et seq.
Charter Amendment Initiative: A charter amendment changes the City of Boulder’s Home Rule
Charter. All charter amendments must be submitted to a vote of the electors. A charter amendment
can be initiated by electors through an initiative process that is different than the process for
initiating other matters. Procedures for Charter amendment petitions are found in C.R.S. section
31-2-210 and 31-2-220 through 225 in balance with Article IV of the Boulder Home Rule Charter,
sections 37-42. For anything not addressed in 31-2 or the Charter, see C.R.S. section 31-11-101,
et seq.
Referendum: A referendum gives the people of the City of Boulder the power, through an
election, to approve or reject legislative measures previously passed by the City Council or
submitted by the Council to a vote of the electors. Procedures for the referendum process are
found in Article IV of the Boulder Home Rule Charter, sections 43-50, and C.R.S. section 31-11-
101, et seq.
* * *
Boulder Home
Rule Charter
C.R.S. 31-2-210;
31-2-220
through 225
C.R.S. 31-11-101,
et seq.
Municipal Initiative 1 X 2
Charter Amendment Initiative 2 1 3
Referendum 1 X 2
1 = Primary authority; follow first
2 = Second authority; follow second
X = Not followed
Attachment A - Charter Amendment
Initiative Petition Guidelines
Item 7A - Discussion of Ballot Measure Issues Page 10
Charter Amendment Petition Guidelines 2020 3
THE CHARTER AMENDMENT PETITION
A. Preparing a Charter Amendment Petition
The process for a charter amendment is commenced by filing a Statement of Intent to
circulate a Petition, together with the Petitions to be circulated, with the city clerk. The statement
of intent to circulate a Petition for an initiative to amend the charter must be signed by at least five
registered electors of the municipality. When preparing your Petition draft, please use the Petition
format and Cover Sheet provided for you at https://bouldercolorado.gov/elections and included at
the end of this document. This Petition format has been approved to conform to applicable law.
The Petition shall contain the text of the proposed amendment and shall state whether the
proposed amendment is sought to be submitted at the next November election or at a special
election. If a special election is requested, the Petition shall state the approximate date for such
special election.
Generally, the form of a Petition and circulator affidavit shall be as prescribed in sections
31-2-220 and 31-2-221, C.R.S. unless otherwise noted here. Petitions shall be printed on pages
eight and one-half inches wide by eleven inches long, with a margin of two inches at the top for
binding; the sheets for signature shall have their ruled lines numbered consecutively and shall be
attached to a complete copy of what is proposed, printed in plain block letters no smaller than 8-
point font. The form of Warning to be printed on each page of the Petition shall be as follows, in
plain red letters and 10-point or larger font:
WARNING: IT IS AGAINST THE LAW: For anyone to sign any petition with any name other than
his or her own or to knowingly sign his or her name more than once for the same measure or to sign such
petition when not a registered elector. DO NOT SIGN THIS PETITION UNLESS YOU ARE A
REGISTERED ELECTOR: Do not sign this petition unless you have read or had read to you the text
of the proposal in its entirety and understand its meaning.
Additionally, each Petition shall designate by name and address five registered electors
who shall represent the signers in all matters regarding the Petition.
Petitions shall be worded clearly and simply so the Petition is not misleading or likely to
cause confusion to voters. Petition drafts shall be consistent with applicable law. The draft shall
present the ballot measure in such a manner that a vote for the measure would be a vote for the
proposition and that a vote against the measure would be a vote against the proposition. Petitions
shall contain a circulator affidavit signed in the presence of a notary or other qualified official.
Prior to printing, publishing or circulating a Petition, the city clerk shall approve it as to
form. The clerk will approve or disapprove the Petition form within five working days of
submission by the petition committee. Pursuant to Boulder Home Rule Charter section 38B, the
petitioners may amend the Petition in response to some or all of the comments received by the city
clerk. If substantial amendments are made to the Petition that are not in response to the city clerk
comments, the amended Petition shall be re-submitted for comment. If the petitioners fail to
Attachment A - Charter Amendment
Initiative Petition Guidelines
Item 7A - Discussion of Ballot Measure Issues Page 11
Charter Amendment Petition Guidelines 2020 4
submit the proposed Petition form, or any substantial amendment to the proposed form, prior to
obtaining signatures, the city clerk may refuse to accept the Petition for filing.
B. Circulating a Charter Amendment Petition
Once the Petition has been approved, it may be circulated for signatures. To be valid, each
signature on the Petition must be that of a registered elector of the City of Boulder. Each registered
elector shall sign and print his or her name, the address at which he or she resides, including the
street number and name, the city or town, and the date of signing. Circulators must be at least 18
years of age at the time a Petition section is circulated for signatures.
A Petition to submit an amendment at the next regular election must be signed by at least
five percent of the registered electors of the municipality registered on the date of filing the
Statement of Intent. A petition to submit an amendment at a special election must be signed by at
least ten percent of the registered electors of the municipality on the date of filling the Statement
of Intent.
The Boulder Home Rule Charter and C.R.S. 31-2-210(1)(a)(I) differ in the number of days
a petition may be circulated. The statute limits the circulation period to not more than ninety days
from the date of filing of the Statement of Intent. To resolve this difference and balance all
interpretations for the benefit of the petitioners where reasonably possible, the committees shall
have up to 180 days to gather signatures. Be aware that the circulation period must be balanced
with the statutory deadline for filing (90 days prior to the election), the time frame for determining
sufficiency and the city council’s regular meeting schedule.
C. Filing a Charter Amendment Petition
Charter amendment Petitions must be filed with the city clerk no later than 90 days prior
to the election: Wednesday, August 5, 2020.
To submit a completed Petition, please call 303-441-4222 to schedule an appointment with
the city clerk’s office. Allow two hours for the appointment. All sections of the Petition must be
complete and filed together, along with the Initiative Petition Cover Sheet. The clerk will reject
any attempt to file more signatures until after a certificate of insufficiency has been issued. The
clerk will inspect the filed Petitions and attached affidavits to ensure compliance with C.R.S. 31-
2-220(2). The inspection may consist of examining the information on the signature lines for
patent defects, comparing the information on the signature lines with a list of registered electors
provided by the county, or any other method of inspection reasonably expected to ensure
compliance. Within 15 working days of filing, if the Petition is found to be sufficient, the city
clerk will certify to the governing body as to the validity and sufficiency of the Petition. If the
Petition is found to be insufficient, it may be withdrawn by a majority of the petition committee
members. Pursuant to C.R.S. Section 31-2-210(3), the Petition may be amended or signed by
additional registered electors of the municipality and refiled as an original Petition within 15
working days after being declared insufficient. Petitions containing supplemental signatures must
Attachment A - Charter Amendment
Initiative Petition Guidelines
Item 7A - Discussion of Ballot Measure Issues Page 12
Charter Amendment Petition Guidelines 2020 5
conform to all of the requirements of initiative Petitions, including the requirement that all section
be completed and filed at one time.
D.Submission to City Council
When a Petition is certified as sufficient by the city clerk, it will be submitted to the city
council at its next regular meeting. City council will read the petition, set the ballot title and hold
a public hearing. The final action includes placing the issue on the ballot.
E.Important Dates for 2020
The timeline for when Petitions must be certified as complete and placed on the ballot is
calculated by measuring backward from the date of the next election as well as forward from the
date the Petition is submitted. Regular meetings of the city council are generally held on the first
and third Tuesdays of each month, except for the first Tuesday in July when council is on recess.
Taking these dates and the calendar for council proceedings into account, this is the 2020 schedule:
Initiative Requirement Time Requirement for City and Petitioners
City Review of Petition Form
Submitted by Petition
Committee Before Obtaining
Signatures
The city must submit written comments to the petition committee by the
fifth business day after the first submittal of the Petition form by the
committee. Deadlines that fall on a weekend or holiday will be the due
the next business day.
Petition Committee Files
Signed Petition with the City
DUE by August 5, 2020
The petition committee submits the signed Petition to the city on or before
the 90th day prior to the election.
Determination of Sufficiency
of Signatures on Submitted
Petition
The city must submit its written determination of whether the Petition is
sufficient by the 15th working day after the Petition is submitted.
Petition Committee May
Submit Additional Signatures
(Called a “Cure”) if Original
Petition Deemed Insufficient
A majority of members of the petition committee may withdraw the
Petition and obtain additional signatures within 15 calendar days from
the date of the city clerk’s Determination of Insufficiency. The Petition
may be refiled as an original Petition.
Last Day for City Clerk to
Certify Petitions to City
Council
DUE: August 26, 2020
The city clerk must certify Petitions to the city council within 15
days after the 90th day prior to the election.
Protests Any protest of the Petition must be filed with the city by the 30th day
after the Petition is submitted to the clerk. If the 30th day falls on a
weekend or holiday, the protest must be filed by the last business day
before the 30th day.
Ballot Content Submitted to
Boulder County
DUE: September 4, 2020
Final content for the 2020 ballot must be submitted by the city clerk to
Boulder County by the 60th day before the election.
Attachment A - Charter Amendment
Initiative Petition Guidelines
Item 7A - Discussion of Ballot Measure Issues Page 13
Charter Amendment Petition Guidelines 2020 6
Provided by the Boulder City Clerk
January 2020
Email: Cityclerkstaff@bouldercolorado.gov
Attachment A - Charter Amendment
Initiative Petition Guidelines
Item 7A - Discussion of Ballot Measure Issues Page 14
Charter Amendment Petition Guidelines 2020 7
Initiative Petition Cover Sheet
Office of the City Clerk
Please check the relevant areas below and turn in a copy of this cover sheet when you submit your
Petition form for review. Submit another updated copy when you file your Petition after circulation.
This is an initiative Petition for a: ______ Municipal Initiative _____ Charter Amendment
Submitted on: ______________________, 20______
The City Clerk has provided forms and guidelines at https://bouldercolorado.gov/elections and
will attempt to facilitate the initiative petition process. However, an initiative petition involves a
legal process. The city cannot provide legal advice to you, and you should consult your own
attorney.
_____ Use the Petition forms provided by the Clerk’s Office or follow the applicable law to
include all necessary information, warnings, signature blocks, etc.
_____ Include the names and addresses of at least five City of Boulder registered electors on
all communications to the city pertaining to this measure. Please include email addresses.
_____ Call 303-441-4222 to schedule an appointment to file your Petition with the City
Clerk’s Office. Allow two hours for the appointment.
ADDITIONAL REQUIREMENTS FOR CHARTER AMENDMENTS
_____ The Petition shall state whether the proposed amendment is sought to be submitted at
the next November election or at a special election. If a special election is requested, the
Petition shall state the approximate date for such special election.
_____ Include a Statement of Intent to circulate a petition. The Statement of Intent must be
signed by at least five City of Boulder registered electors.
Attachment A - Charter Amendment
Initiative Petition Guidelines
Item 7A - Discussion of Ballot Measure Issues Page 15
Petition Section Number ________
WARNING: IT IS AGAINST THE LAW: For anyone to sign any petition with any name other than
his or her own or to knowingly sign his or her name more than once for the same measure or to sign
such petition when not a registered elector. DO NOT SIGN THIS PETITION UNLESS YOU ARE
A REGISTERED ELECTOR: Do not sign this petition unless you have read or had read to you the
text of the proposal in its entirety and understand its meaning.
The following five registered electors shall represent the signers in all matters related to the
petition:
Name: Mailing Address:
____________________________________ ____________________________________
____________________________________ ____________________________________
____________________________________ ____________________________________
____________________________________ ____________________________________
____________________________________ ____________________________________
[Text of Measure – to be filled in by Petition Committee]
Attachment A - Charter Amendment
Initiative Petition Guidelines
Item 7A - Discussion of Ballot Measure Issues Page 16
Petition Section Number ________
WARNING: IT IS AGAINST THE LAW: For anyone to sign any petition with any name other than
his or her own or to knowingly sign his or her name more than once for the same measure or to sign
such petition when not a registered elector. DO NOT SIGN THIS PETITION UNLESS YOU ARE
A REGISTERED ELECTOR: Do not sign this petition unless you have read or had read to you the
text of the proposal in its entirety and understand its meaning.
1 Signature Residence Address (Street & Number)
Printed Name City/Town
Date of Signing
2 Signature Residence Address (Street & Number)
Printed Name City/Town
Date of Signing
3 Signature Residence Address (Street & Number)
Printed Name City/Town
Date of Signing
4 Signature Residence Address (Street & Number)
Printed Name City/Town
Date of Signing
5 Signature Residence Address (Street & Number)
Printed Name City/Town
Date of Signing
6 Signature Residence Address (Street & Number)
Printed Name City/Town
Date of Signing
7 Signature Residence Address (Street & Number)
Printed Name City/Town
Date of Signing
Attachment A - Charter Amendment
Initiative Petition Guidelines
Item 7A - Discussion of Ballot Measure Issues Page 17
AFFIDAVIT OF CIRCULATOR
I do solemnly affirm under penalty of perjury that:
I was at least 18 years of age at the time this section of the petition was circulated and signed by the listed
electors;
I circulated this section of the petition;
Each signature on this petition was affixed in my presence;
Each signature on this petition is the signature of the person whose name it purports to be;
To the best of my knowledge and belief each of the persons signing this petition section was, at the time of
signing, a registered elector; and
I have not paid or will not in the future pay and I believe that no other person has paid or will pay, directly or
indirectly, any money or other thing of value to any signer for the purpose of inducing or causing such signer to
affix his or her signature to the petition.
Circulator Name (please print)
Last Name First Name
Permanent Residence Address (or location if homeless)
Street Name and Number City/Town State Zip Code
Sign and Date in the Presence of a Notary
Signature of Circulator Date of Signing
A NOTARY PUBLIC MUST COMPLETE THE FOLLOWING SECTION
STATE OF COLORADO
COUNTY OF ____________________
Subscribed and affirmed before me this _______ day of _______________________________, 20_____,
by __________________________________________ [Circulator named above].
_____________________________________________
Signature of Notary
(S E A L)
Attachment A - Charter Amendment
Initiative Petition Guidelines
Item 7A - Discussion of Ballot Measure Issues Page 18
Attachment B – Chart of other Jurisdictions
Item 7A - Discussion of Ballot Measure Issues Page 19
Attachment B – Chart of other Jurisdictions
Item 7A - Discussion of Ballot Measure Issues Page 20
INFORMATION ITEM
MEMORANDUM
To: Mayor and Members of Council
From: Jane Brautigam, City Manager
Chris Meschuk, Deputy City Manager
Mary-Ann Weideman, Acting Planning Director
Charles Ferro, Acting Comprehensive Planning Manager
Jonathan Koehn, Chief Sustainability & Resilience Officer, Climate Initiatives
James Hewat, Senior Historic Preservation Planner
Date: July 21st, 2020
Subject: Information Item: Chautauqua Sustainability & Resilience Strategy
EXECUTIVE SUMMARY
This memo serves as an update to City Council on the ongoing development of a Sustainability
& Resilience Strategy at the Colorado Chautauqua National Historic Landmark (NHL) District.
Chautauqua remains one of Boulder's most beloved and significant landmarks. However, as
Boulder is impacted by climate change, rising temperatures, greater intensity of precipitation
events and a greater risk of wildfires among other issues, Chautauqua's historic and cultural
resources are at serious risk.
To address these issues, the Colorado Chautauqua Association (CCA), and the City of Boulder
are collaboratively developing a comprehensive Sustainability and Resilience Strategy (S&R
Strategy), with the goal of better aligning priorities to plan for long-term sustainability,
resilience, and preservation at Chautauqua. The CCA has committed to becoming a leader in
environmentally sustainable practice and Chautauqua S & R Strategy is intended serve as a
model for sustainability, resilience, and historic preservation practice in Boulder, and beyond.
Work on the S&R Strategy commenced in the spring of 2019 with the establishment of a
Steering Committee comprised of key city staff along with CCA staff and board members. In
March of 2019, the Steering Committee developed a Project Charter (ATTACHMENT A), and
subsequently released a Request for Proposals (RFP) resulting in the hiring of Resilient
Analytics to provide consulting services for Phase 1 of the project. Consultant costs are being
shared 50/50 by the city and the CCA.
IP - Chautauqua Sustaninability and Resilience Strategy Page 1 of 9
In January of 2020 the first step of the Vulnerabilities Assessment for Chautauqua was
completed by Resilient Analytics. Currently, the second step of the project is underway
identifying specific options to both address existing and future risks and vulnerabilities, while
contemplating intersectional strategies that provide long term sustainability benefits. Step 3 is
anticipated to be completed with a final draft Strategy for the City Council’s review in late
2020/early 2021.
FISCAL IMPACT
The development of a Sustainability & Resilience Strategy for Chautauqua (Phase 1 of the
project), is a collaborative effort co-funded by the Colorado Chautauqua Association (CCA) and
the City of Boulder with a split 50/50 cost sharing agreement for $45,500 consultant fees. No
other costs are anticipated for this first phase of the project.
Implementation of recommendations made in the final Sustainability & Resilience Strategy
(Phase 2) would likely require additional funding from the CCA and the city. Options for grants
and other funds that may assist with implementing short, mid and long-term recommended
actions will be included in the final Chautauqua S&R Strategy for the City Council’s review.
COMMUNITY SUSTAINABILITY ASSESSMENTS AND IMPACTS
Economic - As a magnet for locals as well as out-of-town visitors, the Colorado
Chautauqua, a National Historic Landmark, is a vital part of Boulder’s economic engine.
This perspective places the Chautauqua within a broader system of the economics
surrounding the city. As such, any proposed changes to the place to achieve greater
sustainability and resilience at Chautauqua that may negatively affect its special historic
and environmental character, must be carefully considered within the context of a broader
IP - Chautauqua Sustaninability and Resilience Strategy Page 2 of 9
economic impact to the city. Development of the strategy (currently underway) is being
funded through a 50/50 cost share between the City of Boulder and the CCA.
Environmental - The ecology of the Chautauqua has been altered over time just as the
ecology within Boulder has been altered as the city has grown since its founding in 1859.
Over the period of historic significance from 1898 through 1930, the ecology has been
transformed from high prairie grasses to one which includes mature trees, lawns and
gardens. These transformations have occurred alongside wildlife habitat that includes
bear, deer and many small mammals as well as birds, insects, reptiles, and amphibians.
The balance in this ecology and its susceptibility to impacts by both humans and natural
events, is a factor that adds to the complexity of the Chautauqua site. Suggestions
regarding potential changes to the ecology of the District consider this ecology as a
delicate system.
Social – Sometimes referred to as “Boulder’s Back Yard” the location selected for the
settlement of Chautauqua 1898 was prescribed to provide restful, healthy and inspiring
surroundings.” Thus, historically this site represents a cultural system that both
influences and reflects the city. The Chautauqua NHL district represents a subculture
within its surrounding neighborhoods in Boulder.
The purpose of knowledge acquisition and discovery on which the Chautauqua was
founded, the continued cultural events presented in the Auditorium and the multi-
generational tradition of visiting Chautauqua, have combined to create an inviting
cultural ecosystem that makes Chautauqua unique within the mountain west. This cultural
system has been protected through design guidelines, historic designations and a strong
commitment to the ideals around which Chautauqua was founded. Sustaining this cultural
system to equitably protect this special place for all, requires a collaborative effort
between the City of Boulder, CCA, Boulder’s citizens, and all visitors who use the site.
BACKGROUND
Like many cities and communities across the country and around the world, Boulder is adjusting
to a “new normal,” where the effects of climate change are becoming increasingly apparent. And
like residents of other cities that have recently experienced a severe natural disaster, many of us
understandably perceive resilience as preparing for the kinds of events that are magnified by
climate change. But shocks are not limited to natural hazards or the effects of climate change.
Recognizing that Chautauqua’s natural hazards are tightly linked, necessitating a comprehensive
and integrated approach to risk mitigation. Droughts stress ecosystems, helping accelerate the
damage of pests to forests, thereby increasing the fuel for wildfires, and consequently denuding
slopes and increasing flash flooding risk. But this cycle itself is not linear; each event builds on
another and sets the stage for even more complex interactions. Therefore, to address these
interlinked hazards, activities and programs must be well coordinated, using a systemic approach
to reduce multiple risks at the same time and prepare communities to handle disruptions of any
kind.
Initiated in early 2019, the Sustainability and Resilience Strategy is a unique collaborative effort
between the Colorado Chautauqua Association and the City of Boulder with the key goal of
IP - Chautauqua Sustaninability and Resilience Strategy Page 3 of 9
better aligning various stakeholder’s priorities to plan for long-term sustainability, resilience, and
preservation at the Chautauqua NHL.
As it relates to the strategy development at Chautauqua, resilience and sustainability represent
complementary values and ways of managing urban systems. Where sustainability is about
actively and thoughtfully managing resources to achieve environmental, social and economic
goals that preserve or enhance Boulder’s quality of life, resilience is about anticipating the
inevitable events that cause disruption and then developing the strategies to reduce their impacts
to the greatest extent possible. Simply put, a resilient and sustainable Chautauqua is the capacity
of individuals, communities, and systems at the site to survive, adapt and thrive no matter what
kinds of chronic stresses and acute shocks that may be experienced.
ANALYSIS
The Chautauqua NHL comprises 40 acres of land owned by the City of Boulder, 26 acres of
which are leased to the Colorado Chautauqua Association (CCA). This collection
of irreplaceable historic buildings, structures, objects and cultural landscapes is situated at the
urban/wildland interface, presenting a unique and particular set of vulnerabilities.
Work on the S&R Strategy commenced in the spring of 2019 with the establishment of a
Steering Committee comprised of key city staff and CCA staff and board members, development
of a Project Charter, and hiring of Resilient Analytics to provide consulting services. Consultant
costs of $45,500 are being shared 50/50 by the city and the CCA. The strategy takes a
comprehensive and honest view of the resilience challenges and opportunities at Chautauqua. It
outlines a path forward for the city and CCA to confront not just its most obvious shocks, like
flash flooding or wildfires, but also the chronic stresses to existing systems at the site such as
energy, social and ecosystems.
The Chautauqua Sustainability and Resilience Strategy explores four questions, in four steps:
What are the vulnerabilities at Chautauqua? In January of 2020 a comprehensive
Vulnerabilities Assessment for Chautauqua was completed by project consultant Resilient
Analytics. The assessment identifies the specific climate change risks at Chautauqua and why it’s
important to address them. In addition to several open houses held during 2019, the assessment
and a short public questionnaire was posted on the Be Heard Boulder website. Over 230
questionnaires were completed, providing valuable information about what citizens and visitors
consider to be the most important vulnerabilities at Chautauqua.
How can we achieve sustainability, resilience and equity at the Chautauqua Historic
District? In exploring what it means to be a “resilient” and “sustainable” district, the emerging
strategy recognizes the importance of broadening our understanding of potential future stresses.
Currently, the Options Development step of the project is underway with subject matter
specialists and Steering Committee members meeting in Study Groups to review and expand
preliminary options identified in the Vulnerabilities Assessment and public feedback in the
following areas: energy systems, fire and heat, water and drainage, vegetation, and resiliency
district. Each of the viable Options will be weighed against Evaluation Criteria. The Study
Group’s work will identify key findings and make final Option recommendations to the Steering
Committee at the end of August.
IP - Chautauqua Sustaninability and Resilience Strategy Page 4 of 9
How do we execute the identified actions? The Study Groups recommended options will be
shared for input from the community through (virtual) open houses, a second questionnaire, and
updates to the Environmental Advisory Board, the Landmarks Board, the OS&MP Board of
Trustees, the Parks & Recreation Board, the Planning Board and CCA Board. This work will
take place in during fall of 2020 with completion of the final draft Strategy coming to the City
Council for review in late 2020/early 2021.
How will the S & R strategy be used in the future? A community-wide discussion will be
designed to explore how the recommendations might be implemented in the context of Boulder’s
Climate Mobilization Action Plan as Phase 2 of the project. We anticipate this will occur in the
first half of 2021.
NEXT STEPS:
Attachment A: Project Charter - Sustainability & Resilience Strategy for Chautauqua
IP - Chautauqua Sustaninability and Resilience Strategy Page 5 of 9
Attachment A - Project Charter - Sustainability & Resilience Strategy for Chautauqua
IP - Chautauqua Sustaninability and Resilience Strategy Page 6 of 9
Attachment A - Project Charter - Sustainability & Resilience Strategy for Chautauqua
IP - Chautauqua Sustaninability and Resilience Strategy Page 7 of 9
Attachment A - Project Charter - Sustainability & Resilience Strategy for Chautauqua
IP - Chautauqua Sustaninability and Resilience Strategy Page 8 of 9
Attachment A - Project Charter - Sustainability & Resilience Strategy for Chautauqua
IP - Chautauqua Sustaninability and Resilience Strategy Page 9 of 9
INFORMATION ITEM
To: Mayor and Members of Council
From: Jane S. Brautigam, City Manager
Tom Carr, City Attorney
David Gehr, Chief Deputy City Attorney
Kathy Haddock, Senior Counsel
Deb Kalish, Senior Counsel
Steve Catanach, Director of Climate Initiatives
Yael Gichon, Senior Energy Project Manager
Robert Harberg, Project Manager
Heidi Joyce, Administration
Jonathan Koehn, Chief Sustainability & Resilience Officer
Matt Lehrman, Energy Strategy Advisor
Emily Sandoval, Communications Specialist
Lex Telischak, Electrical Engineer II
Date: July 21, 2020
Subject: Information Item: Boulder’s Local Power/ Municipalization Update
EXECUTIVE SUMMARY
This memo provides a summary of the 2020 Local Power/ Municipalization work plan progress,
associated budget and expenditures funded by the Utility Occupation Tax (UOT) extension
approved by voters in November 2017.
2020 Work Plan Progress (Quarters 1 and 2)
Significant work and accomplishments completed during the 1st and 2nd quarters of 2020 include:
Received Xcel’s Motion to Dismiss the city’s Petition in Condemnation (filed in December
2019), responded to the Motion and received a court order delaying consideration until the
appeal on the condemnation filed in July is determined.
Filed Opening Brief to the Court of Appeals and Reply Brief to Xcel’s Response for the
appeal of the dismissal of the condemnation case filed in July 2019.
Filed a Federal Energy Regulatory Commission (FERC) 210 Application in February
seeking for FERC to issue an order directing Xcel Energy to establish interconnections on
just, reasonable and non-discriminatory terms and conditions between its transmission
Local Power/ Municipalization Update 1
system and the electric load for the city’s distribution system consistent with Xcel’s
Facilities Studies for each substation.
Continued work on the separation engineering system design for both Xcel and the city,
including substations and the distribution system.
o Worked with Xcel Energy in moving the substation design process forward for both
Boulder and Xcel’s respective portions of the substation separation design.
o Received and reviewed Xcel’s final distribution designs.
o Received and reviewed Xcel’s separation construction cost estimate.
o Received and reviewed part of Boulder’s distribution separation designs.
This work is anticipated to continue into Q3 2020.
Began development of Xcel Settlement documents including General Term Sheet,
Distribution System Planning and local projects Partnership Agreement and a potential
projects and program list.
Continued efforts with partner organizations in support of Boulder’s community climate and
energy goals.
Managed media and stakeholder outreach to improve community understanding of the
ongoing condemnation process, FERC application and negotiations with Xcel Energy,
including four press releases.
Held one Local Power update in January, attended by nearly 50 community members and
recorded and posted online for future viewing.
Held four virtual town halls for the community to provide feedback on negotiations with
Xcel Energy. The town halls had more than 274 attendees and 88 speakers. One of the town
halls also offered Spanish interpretation.
Creation of one infographic to explain mutual aid.
Continued maintenance of city website to provide clear updates on the legal and engineering
work.
Additional efforts regarding non-municipalization Public Utilities Commission (PUC) proceedings
continue to be an important aspect of this work. A list of current proceedings that the city is
currently participating in is available on the city's website.
FISCAL IMPACT
Funding and Expenditures
2012-2017
2017 marked the end of the initial funding of the municipalization efforts. The May 17, 2018 City
Council information packet provides a summary of spending and accomplishments achieved in
2012-2017. During 2012-2017 time period, expenditures totaled $13,249,341. $11,804,130 was
funded by the Utility Occupation Tax and $1,445,211 was allocated to the project from the General
Fund. The $1.4 million will be repaid to the General Fund if/when the local electric utility is
operational. Chart 1 below summarizes the 2012-2017 funding and actual expenditures for the local
power/municipalization efforts.
Local Power/ Municipalization Update 2
*The 1,445,211 will be repaid to the GF if/when the local electric utility is operational.
2018-2022
Original Funding Plan
In 2017, Boulder voters authorized the City of Boulder to extend and increase the Utility
Occupation Tax (UOT) through 2022 to continue funding costs associated with forming a municipal
electric utility. The five-year tax increase was to provide funding for three years (2018-2020) of
essential engineering, litigation and staff work, with advanced funding from the General Fund
Reserves in 2018-2020 to cover projected costs in anticipation of a 2020 go/no-go vote. A summary
of the original funding plan, anticipating a Go/No-Go vote in 2020 is shown in Chart 2 below.
Chart 2
*The GF draw depicted in this chart was based on the original plan for the three-year expenditure project. However,
due to the revised funding plan and actual spending (Chart 3) the $3,758,021 and $394,341 planned draws indicated
above were not drawn from the GF Reserves in 2019 or 2020. The GF Surplus/(Draws) for 2018-2022 have been revised
in Chart 3 below.
Revised Funding Plan
At the December 10, 2019 City Council Study Session, there was a discussion on delays in reaching
agreements with Xcel and uncertainties with the timing and outcomes of regulatory and legal
processes that have impacted the city’s ability to provide a complete analysis to inform a 2020 vote.
Since the Dec. 10 Study Session, unforeseen circumstances related to the COVID-19 pandemic has
presented additional challenges, affecting the financial health of the city and further regulatory and
legal delays which have impacted the project’s funding and schedule. As a result, the funding and
schedule necessary to support the final analysis for a go/no-go vote has been extended to 2021 or
2022.
Chart 1
Local Power/ Municipalization Update 3
The city has currently entered into settlement negotiations with Xcel Energy to potentially enter into
a franchise agreement. If the city were to enter into the franchise agreement it would have the
option of exiting the agreement after five years at which time the city could restart the
municipalization effort. If the city and Xcel do not settle, the city will continue its move forward
towards municipalization and a vote in 2021 or 2022. Related to the budget, and looking to the
future several outcomes are possible:
1. The city enters into a settlement agreement with Xcel Energy and the portion of the Utility
Occupation Tax funding the municipalization effort ends.
2. The city does not enter into a settlement agreement with Xcel Energy, and moves forward
with a vote in 2021. The work and analysis needed for a vote in 2021 would require advance
funding from the General Fund. The advancement would be requested of council and paid
back to the General Fund with 2022 UOT revenue collections.
3. The city does not enter into a settlement agreement with Xcel Energy, but due to COVID-19
and the city’s financial status, the budget is tied to UOT revenues with a go/no-go vote in
2022.
In order to eliminate any impact on the General Fund in 2021, a revised funding plan for scenario 3
has been developed. The proposed funding plan, shown in Chart 3 below, aligns with the planned
2021 budget that will be presented to council this fall. The chart summarizes the revised funding and
expenditure plan for 2018-2022 (2018-2019 actuals and 2020-2022 actuals/projections) that will be
required for legal, engineering, personnel and associated non-personnel costs to complete the work
required to support a vote in 2022.
Chart 3
*Included in these figures, are reimbursements to Xcel Energy for 2020 expenses ($296,150) for work to negotiate agreements, perform studies and
detailed design work to determine separation costs. The current total of reimbursements to Xcel Energy is $3,884,631.
The city will continue to monitor spending and provide updated projections in the City Council
information packet quarterly updates.
Local Power is a high-profile community project and a top priority for City Council. As with all city
projects and programs, there are shared resources that support various community priorities that are
outside the delivery of core city services. The City Attorney’s Office, who supports the city in
various legal challenges ranging from the Public Utilities Commission (PUC), FERC, to contract
negotiations, and Communication’s staff represent the primary staffing resources dedicated from the
city to this project. The benefit to the community comes from the use of internal resources which
can be significantly less expensive than outside consulting services. These staffing resources are
Actuals 2018-2019 and Projected Actuals 2020-2022 2018 2019 2020 2021 2022 2018-2022 Total
Sources
Utility Occupation Tax (UOT) - Revenue 6,076,181 5,076,181 2,076,181 2,076,181 2,076,181 17,380,905
UOT - Previous Year Carryover/Projected Carryover Actuals Actuals Actuals Projected Projected
Actuals/Projected UOT Carryover 0 3,222,569 3,103,342 953,448 335,841
Sources w/Previous Year UOT Carryover 6,076,181 8,298,750 5,179,523 3,029,629 2,412,022
Uses Actuals Actuals Actuals/Projected Projected Projected
Personnel - Actuals Through 7/6/20 & Projected Uses 937,785 878,763 436,171 665,454 698,005 3,616,177
Operating - Actuals Through 7/6/20 & Projected Uses 1,915,827 4,316,645 1,068,290 1,410,727 1,595,500 10,306,990
Additional Projected Expenses 0 0 2,721,614 617,607 0 3,339,221
Total Uses 2,853,612 5,195,408 4,226,075 2,693,788 2,293,505 17,262,388
Cumulative GF Reserves Surplus/(Draw)3,222,569 3,103,342 953,448 335,841 118,518 118,518
Local Power/ Municipalization Update 4
indirect costs, not funded by the UOT. A summary of the indirect staffing costs is shown in Chart 4
below, and additional details are shown in Attachment A.
Chart 4 – Indirect Staffing Resources 2012-2019 2020 Total
Indirect Staffing Resources Contributing to the
Local Power Project (includes salary & benefits) $4,628,592 $156,652 $4,785,244
The 2012 through Q2 2020 actual project expenditures ($22,802,822), along with the indirect
staffing resources through Q2 2020 ($4,785,244), as shown above, total $27,588,066.
Performance Reporting
To continue to provide transparency and information on the status of work related to the
municipalization work plan, Attachment B provides a report of the 2020 budget/costs and progress
on milestones, including:
Breakdown of costs into major work plan categories
High-level milestones related to the work plan
Report on progress toward milestones and budget to inform how money is being spent
NEXT STEPS
Next quarterly municipalization report will be made available in October 2020.
Attachments:
Attachment A: 2020 Staffing Resources
Attachment B: 2020 Budget and Milestones Progress Report
Local Power/ Municipalization Update 5
Boulder’s Local Power - Electric Utility Development (Municipalization) Project
2020 Staffing Resources
Utility Occupation Tax (UOT) Staffing Resources Through Q2 2020
Name % of Time Dedicated to Project
Steve Catanach 75
Yael Gichon 20
Robert Harberg 100
Heidi Joyce 80
Matt Lehrman 80
Emily Sandoval 75
Lex Telischak 90
Associated UOT Expenditures $436,171
Staffing Resources Allocated Within Existing Budgets, Separate from the UOT Budget Through Q2 2020
Name % of Time Dedicated to Project
Jane Brautigam 3
Bryan Bullock (Beginning May 2020) <1
Tom Carr 10
Carolyn Elam 5
David Gehr 10
Justin Greene (Beginning May 2020) 3
Kathy Haddock 65
Brett Hill <1
Sarah Huntley 6
Deb Kalish (Through June 2020) 4
Jonathan Koehn 30
Phillip Pappas (Through May 2020) 3
Cheryl Pattelli <1
Bryan Rachel (Through April 2020) 3
Amanda Tinson (Through June 2020) 3
Delanie Rio (Through May 2020) 10
Patrick von Keyserling (Through May 2020) 2
Rewa Ward 8
Mary Ann Weideman <1
Associated Expenditures (Estimated) $156,652
Attachment A - 2020 Staffing Resources
Local Power/ Municipalization Update 6
Category QTR1 QTR2 QTR3 QTR4 QTR1 QTR2 QTR3 QTR4 QTR1 QTR2 QTR3 QTR4 QTR1 QTR2 QTR3 QTR4
Electric Utility Development Administration $ 629,111 $ 337,693 54%
City Council Meeting and Public Hearing regarding proposed agreements with Xcel Energy 100%O
File Xcel agreements and updated asset list with the Colorado PUC 100%O
100%O
Boulder files notice regarding proposed process to resolve outstanding issues with the Colorado PUC 100%O
Boulder files additional documents with the Colorado PUC as outlined in the notice 100%O
PUC Decision and Order 100%O
Communications and Engagement $ 133,738 $ 46,276 35%%
Communications and Engagement Working Group 100%O
Develop 2018-2019 Communications and Engagement Strategic Plan 100%O
Separation Engineering - Distribution and Substation Interconnection $ 3,216,725 $ 883,143 27%0%
Load Interconnection Application Submitted to Xcel Energy 100%O
City Agrees to Load Interconnection Study Scope, Cost and Schedule 100%O
Load Interconnection Study Completed 100%O
FERC Interconnection Application 0%O
FERC Decision and Order 0%#
Execute Vendor Support Contracts for Boulder Substation Work 100%O
20%
Negotiate Agreement for Xcel Energy Substation Separation Design 100%O
50% #
Complete Work Plan for Xcel Energy Distribution Separation Scope of Work 100%O
100%O
75%O
Execute Vendor Support Contracts for Boulder Distribution Separation Work 100%O
60% #
Acquisition and Condemnation $ 784,657 $ 167,383 21%
Appraisals 100%O
Condemnation Ordinance Adopted by City Council 100%O
Good Faith Negotiations 100%O
File Condemnation Case in District Court - Court Dismissed 100%O
Re-file Condemnation Case in District Court 0% #
Xcel Energy Motion to Dismiss Re-filed Condemnation Case and Boulder Response 0%#
District Court Consideration of Motion to Dismiss Re-filed Condemnation Case 0% #
District Court Case Management Order for Re-filed Condemnation Case 0% #
Condemnation Trial and Verdict 0%
Integrated Power Supply and Transmission Service $ 49,237 $ - 0%
Advertise Request for Indicative Pricing 100%O
Receive Vendor Provided Indicative Pricing 100%O
Analyze Integrated Power Supply and Transmission Options and Develop Strategy 25%#
Integrated Power Supply and Transmission Request for Proposals 0%#
Integrated Power Supply and Transmission Proposals Submitted 0%#
Negotiate Integrated Power Supply and Transmission Service 0%#
Network Integrated Transmission Service Application 0%#
Network Integrated Transmission Service Agreement 0%
Transition Planning - Startup and Ongoing O&M $ 366,055 $ 69,967 19%
Refine Future Utility Operations Vision/ Plan 40%# #
Issue Requests for Information, Qualifications and Pricing for Utility Startup and Operations Services 20%# #
Information, Qualifications and Pricing for Utility Startup and Operations Services Responses 20%#
Evaluate and Negotiate Startup and Utility Operations Services 0%#
Update to City Council on Load Interconnection Agreement and Separation Engineering (Information Packet)
Complete Boulder Distribution System Separation Design, Cost Estimate, Construction Timeline and Bidding Work
Xcel Energy Completes Distribution Separation Design, Cost Estimate, Construction Timeline and Bidding Work
Negotiate Scope of Work and other Terms of Distribution Separation Design, Cost Estimate, Construction Timeline and Bidding
Xcel Energy Completes Substation Separation Design, Cost Estimate, Construction Timeline and Bidding Work
Complete Boulder Substation Separation Design, Cost Estimate, Construction Timeline and Bidding Work
O Completed Milestone
Anticipated Milestone on Schedule# Anticipated Milestone Dependent on Budget
Tracking Worksheet Electric Utility Development
7/6/2020
2020 Goals2019 Goals
2020 Revised
Annual Budget 2020 Expenditures 2020 Percent Expended
2021 Goals
Estimated Progress
2018 Goals
Attachment B - 2020 Budget & Milestones Progress Report
Local Power/ Municipalization Update 7