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HomeMy WebLinkAbout1981 Ordinance No. 016Jt,. _. . . . • • • • ORDINANCE NO. 16 SERIES OF 198l BY AUTHORITY COUNCIL BILL NO. 15 INTRODUCED BY COUNCIL MEMBER HIGDAY AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO, THE ENGLEWOOD DOWNTOWN DEVELOPMENT AUTHORITY AND BRADY ENTERPRISES TO COLLECTIVELY DEVELOP A GUIDE TO ASSIST PROPERTY OWNERS IN MAKING DECISIONS REGARDING THE USE OF PROPERTY IN THE CENTRAL BUSINESS DISTRICT. WHEREAS, the City of Englewood desires to prepare a guide for the development of the Central Business District for the City of Englewood encompassing both governmental and private property owners; and WHEREAS , the development of the Central Business District is necessary for the health, safety and welfare of the City of Englewood; and WHEREAS, a proposal has been made to collectively study the alternatives for development of the Central Business District • NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. That an agreement between the City of Englewood, Colorado, the Englewood Downtown Development Authority and Brady Enterprises provides as follows: a) That each party shall appoint an individual to supervise the day-to-day planning process, including employment of technical experts, to develop a guide for the development of a portion of downtown Englewood; b) That the area to be studied is bounded by U.S. 285 on the south, Floyd Avenue on the north, the South Lincoln/Broadway alley on the east and South Elati on the west; c) That the planning process shall involve inventory activity, consideration of alternatives and development of pro- posed implementations . d) It is exp ressly understood that the obligations of the parties do not go beyond proposing a guide for development. e) Each party shall pay or provide in-kind contributions as provided therein not to exceed $47,267 each. Each party shall make an equal contribution. .. • • • , Section 2. That an agreement between the City of Englewood, Colorado, Englewood Downtown Development Authority and Brady Enterprises, marked as Exhibit A and incorporated herein by reference, is approved by the City Council for the City of Englewood, and the Mayor of the City of Englewood and the Director of Finance, ex officio City Clerk-Treasurer, are collectively authorized to affix their hands and seals thereon for and on behalf of the City Council of the City of Englewood. Introduced, read in full and passed on first reading on the 5th day of January, 1981. Published as a Bill for an Ordinance on the 7th day of January, 1981. Read by title and passed on final reading on the 19th day of January, 1981 • Published by title as Ordinance No. 16 , Series of 1981, on the 21st day of January, 1981. Attest: I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and complete copy of the Ordinance passed on final reading and published by title as Ordinance No. 16, Series of 1981. ' ~~,!!-~ Gar: Higb -2- • • • DRAFT AGREEMENT THIS AGREEMENT is made and entered into this ~~~~-day of ~~~~~~~~~• 19 , by and among the City of Englewo9d, Colorado, 3400 S. Elati, Englewood, Colorado ("City"), and the Englewood Downtown Development Authority, 3535 S. Sherman, Englewood, Colorado ("Development Authority"), and Brady Enterprises, 2900 S. Shoshone, Englewood, Colorado ("Brady"). W I T N E S S E T H: WHEREAS the Development Authority has certain real property interests in downtown Englewood and has been charged with various responsi- bilities related to the redevelopment of downtown Englewood; and, WHEREAS, the City has various real property interests in down- town Englewood and has all of the responsibilities and authority of the general municipal government for that area; and, WHEREAS, Brady has various real property interests in downtown Englewood and has a concern that such property be used in a manner beneficial to the City as a whole as well as himself; and, WHEREAS, the parties collectively desire that a development guide be prepared to assist both governmental and private property owners in making decisions regarding the use of their respective properties; 1.010 NOW THEREFORE, the parties agree as follows: 1.00 The Project Management Team Each of the parties will appoint an individual with primary responsibility for the day-to-day supervision of a planning process. These individuals are referred to herein collectively as "The Project Management Team." 1.020 • 1.030 1.040 • 2.010 2.020 • -2- The Project Management Team is empowered to retain on a consul- tative basis, the services of a professional planning manager and such technical experts as it deems appropriate to accomplish the objectives of this agreement. For the purpose of providing a signature authority and a paying agent, consultants retained as a result of this agreement, shall be retained under contracts executed by the Development Authority. The work statement of such contracts shall, however, be drafted by or approved by, the Project Management Team. Such contracts will provide that Consultants will report to and be managed by the Project Hanage .. nt Team on behalf of all the parties hereto. All decisions to be made by the Project Management Team under the terms of this Agreement shall be made only with the concurrence of not less than two members there of. 2.00 The Planning Process The planning process is intended to produce a development guide for a portion of downtown Englewood. The parties hereto agree and understand that such a guide will not be mandatory as against any individual unless and until all legislative actions required under state and local law have been undertaken by the necessary bodies. The obligations of the parties hereto are not conditioned upon the initiation or completion of such a process. The planning process will focus on the area bounded by U.S. 285 to the south, Floyd Avenue to the north, the alley between Lincoln and Broadway on the ea•t, and South Elati on the west. • 2.030 2.040 2 .050 • 3.010 4.010 • -3- The plannina procaaa will ba generally oraanized around three aain taaka: Inventory activities; alternative atratagy considera- tion; development of proposed action atrategiea. The work prograa for the planning proceas will be aa atated in Attachllent A to this agreement, which ia incorporated herein; provided that variations in that work proaraa .. y be aade from time to time by the project Management Teaa .. they deea necessary. To the maxiaua extent feasible, existing atudiea and information will be used to avoid duplication of effort and to reduce cost. 3.00 Assignment of Responsibilities I n addition to their participatin& in the planning process through the Project Management Team, and in addition to pro- viding contributions of sUllUI specified herein, the parties will respectively be responsible for providing those elements of work or information noted in Attachment B, as in-kind contributions t o the planning process. 4.00 Budget -Monetary Contributions Attachment C provides the maximum budget amounts for the planning p rocess, and the maximum contributions to be made by the parties he reto. The parties agree to provide percentage contributions toward this effort as follows: 33-1/3% City of Englewood 33-1/3% Downtown Development Authority 33-1/3% Brady Enterpriaea • 4.020 • 4.030 4.040 4.050 • -4- The Project Management Team may not exceed these anticipated 118.Xiaum expenditures nor alter the percentage allocation created in this paragraph unless this agreement is amended as provided herein. To the extent that the amount necessary to complete the project is less than the maximum amount specified in the budget, each party's financial participation shall be determined by multiplying the noted percentage times the full cost of the project. The Development Authority shall establish and mainta~n a separate project account for contributions and expenditure• associated with this agreement. Each party contributes simultaneou~ly with the signing of this agreement, $5,000 toward their respective obligations in order to establish that fund. During the planning process, pro rata shares shall be contributed to the project fund (according to the percentages noted above) 'y ta ti with n l o J y ot approval of the pr viou month'• accrued expenditures by the Project Management Team. To the extent funds remain in the project account at the con- clusion of the project, they will ·be returned to the parties in such a way as to maintain the agreed to percentage participation in the cost of the entire project. All tangible products of the e~fortq ~f the Project Management Team or its planning manager, technica.l experts, and consultants resulting from the planning 5.010 6.010 -5- process described herein, including without limitation the development guide, architect's drawings and render- ings, graphics, plans, maps, charts, reports, inventories, surveys, appraisals, analyses, memoranda tincluding legal memoranda), documents, models, and mock-ups, shall be the property of the City and the Development Authority j ointly or severally as the City and the Development Authority shall agree. 5.00 Binding Effect This agreement inures to the benefit of the parties hereto, their heirs, successors and assigns and may not be modified or revoked except by a similar instrument in writing signed by all the original parties. 6.00 Attachments The following attachments are incorporated herein and made a part hereof: Attachment A -Table of Contents Attachment B -Project Responsibilities Attachment C -Project Budget . . • • -6- IN WITNESS WHEREOF, the parties hereto set their hands and seal, tbe year and date first above written. Attest: ENGLEWOOD DOWNTOWN DEVELOPMENT AUTHORITY TllE TY OF ENGLEWOOD Attest: BRADY ENTERPRISES • • • TABLE OF CONTENTS Introduction Project Management Structure Narrative Chart Planning Process Narrative Chart Project Schedule Chart -7- ATTACHMENT .A -8- INTRODUCT IO N The Engl ewood central business district (CBD) is presently in tran sition. The pressure for change in the CBD appears to b e coming from two primary sources. First, Englewood's land a rea is essentially consumed, precludipg the creation of a second major business center. This general ~development pattern i s reinforced by the location of Cinderella City immediat ely adjacent to the existing downtown area. The seco nd s ource of pressure is related to the regional growth pattern. Following World War II, Englewood grew as a predomi nant l y single family bedroom community attached to the De nver employment center. As a result of increasing commuti ng time and distance, fuel costs, and the price and -non -ava i lability of Denver business property, Englewood has experien c ed considerable development of its own employment centers in recent year$. The combination of these two pressures i s placing an i ncreasing demand for the delivery of goods an d services in areas of the community where these uses a r e appropriate. In additi on to the change pattern that is underway, several projects are currently envisioned which will structure the CBD chan ge process dramatically. These include a major upgradi n g o f the Cinderella City complex by the new owners, the reb u i ld i ng of Santa Fe Avenue and the intersection at Hampden, RTD's development of a mass transit line and terminal, the improvement of U.S. Highway 285, and an unknown number of private projects in the planning stage. Finally, the general shift in lifestyles, generated by smaller families, vastly improved conununication systems, increasi ng energy costs, growing conservation awareness and a myriad of other factors will substantially redirect urban growth patterns toward greater consolidation. This pattern is alre ady evidenced in and around Englewood's CBD by the recent wave of apartment development. At the p resent time, Englewood's downtown is admirably pos- tured to respond to the i mminent change. Considerable vacant lan d i s a vailabl e, market pressure appears to be adequate, and community policy is favorable toward redevel- opment. There exists a ~ich opportunity for a joint public/ private effort focused on the achievement of a genuinely workable and attractive town center by harnessing the diverse change f ac t ors outlined ;above into a unified and carefully · direc~ed development strategy. The purpose of t h i s document is to suggest a process .for implement ing CBD redevelopment. It is submitted as an initial step toward so lidifying an agreement between the Town and t he de vel oper as t o how redevelopment should proceed. -9- the planning manager and members of the project m~nagement team. Selecti on of specific participants for the project is cru- cial because of its continuing nature and the inherent complexity. People should be chosen who have sufficient time to conunit, who are able to work effect·ively with others and who possess the necessary skills . • .. ~ -10- PROJECT HAhA GEM ENT STR UCTU RE The accom panying diagram broadly outlines the major com- ponents of a tentative project management structure. The diagram ou t l i nes the responsibility and communication links of t he parti c ip an t s and designates the decision making roles. Th e first level of the structure consists of private and publi c sector participants that make maJor p~oject decision s , operating more or less as the board of directors. The two publ i c entitie.s directly responsible for downtown redevel opment are the Englewood City Council and theEnglewood Downtown Development Authority (EDDA). A major por- tion of the project site is either owned or controlled by the City of Englewood and the 'EDDA has the authority to initiate and finance improvements in the CBD. Together, they com prise an administrative and financial entity for initiating redevelopment in the downtown area. Other public entities such as the Planning and Zoning Commission, will also inf luence planning via the approval process. The fir st level, private sector decision makers, is the develope r/owner. While the puhlic sector baa the authority and fun ds to initiate redevelopment in the central business district, the cooperation, participation and investment of the priv ate sector is the key to successful redevelopment. It is im perative that a clear understanding of public/ private roles and their relationships are established at the outset s o that the combined efforts of each will produce results t hat maximize benefits to the community, the devel- oper an d subsequent businesses. The second level of the structure is the project management team whi ch serves in an executive capacity for the decision makers, representing their respective interests. Their function is to integrate the goals and objectives of the decision makers with the recommendations of consultants in the form of altern a tive policies, presenting results to the de c i sion makers. The proj ect management team is also responsibie for super- vising the planning manager, the third level of the struc- ture. The planning manager will manage the consultants and coordinat e the technical elements of the process. His function wi ll be· to summarize consultant information, identify problems an d i ssues for the project management team, and to synthesize t he technica l and management team input into plans and p rograms. The fourth l evel of the structure, technical consultants, is re~pon s i b l e for technical data collection and analysis, review of al t ernat i ve programs and plans in the cont~xt of their experti se, a nd documentation of specialized areas of the plan. The consultant e l ements of the project are integrated through meeti n g s an d conunu n i cation between the consultants, • • • -11- It includes a suggested joint project management structure, a general outline for the planning process, and a tentative work program and schedule for the redevelopment effort. It is the intention of the parties to implement the program strategy and master plan through appropriate legislation to form a mandatory guide for development. The opportunity exists to organize the activities and uses around a pedestrian circulation/open apace ayatem that reache• u mmuni y 1 r~ , 1 nq wi h n ry relocation n v · orri rs . This will require the coopera- tion and participation of the City and will result in a much more delightful CBD, a more attractive environment for private investment, and a stronger tax base in the future • . -12- ROJECT MANAGEMENT· STRUCTURE . -t:eci~ ~ ~rzs Priv2fte, ~~lCI Oevelq::er : ~e,vd c:Atv)Co~I Aanner 0 L.eoP.l ~\t . • AYa'i'rtect ·~neer • 1...d~ . .AY?Y\. ·~ E'DDA E D.D"I ~· . -13- PLANNIN G PROC ESS The acco mp any i ng diagram generally illustrates the planning p rocess and schedule for the project area as a whole. At .some point during this effort, specific projects will be identi fied and will take off on their own track within the context of the overall plan. The proces~ is broadly divided into t hree categories: inventory, alternatives and devel- opmen t action. The sections are generally defined by the activi ties which occur within them. Phase I, inventory data, concerns the collection and docu- m n t a t io n of ph yR i c al rl Rt&, Rn a ly of mark t !orce& ( om - munity n ee d s a nd demand s ) and a definition of project goals and obj ectives . Pertinent data will be analyzed and docu- mente d and wil l provide the basis for Phase II. Phase II, alternative development strategies, involves the interp retation of data and defines a range of alternative courses of action. Alternative themes will be examined th r ough various programs and plans to be used as a basis for discus sion and evaluation, resulting in the synthesis of a tentati ve policy directive. Phase III, development action strategy, is a further refine- ment of the directive defined in the previous phase articu- lating and documenting of specific implementation tools. This phase is divided into three major components: program strategy , master plan and implementation strategy. The program strategy will quantify market demand and community objecti ves, establishing floor area by use, height/bulk restri ctions, circulation, parking and open space require- ments, as a basis for the master p lan. The ma s t er plan will address physical relationships of the program elements. The master plan in conjunction with the program provides a documented policy record to guide plan- ning a nd development decisions in the project area. The implementation strategy solidifies the roles and respon- sibilities of the public and private sectors into precise agreeme nts related to financing, management, development standards , development phasing, and any other areas where cooperative efforts are required. The deve l opment action strategy phase is a reiterative pro~ess of communication, synthesis, evaluation, adjustment and approval. This activity produces plans, programs, and actions that evolve from general to specific in a time efficient and synergistically constructive framework. The thre e phas es of the process outlined above ~re elabor- .ated in the work program that follows. At the conclusion of -14- the \O rk program are two additional diagrams that are in- cluded t o facilitate the discussion between community rep- resent atives and the developer. The first (project respon- sibiliti es) is a conde n sation of the work program with the identifi able participants listed along the top of the page. This i s to illustrate how responsibilities may be assigned and subsequently budgeted. The p urpose of the second diagram (schedule) is to illus- trate t he integrated nature of the activity and to bracket the prob ab l e time commitments required of the various participants . • evatuatic:ri -' t-) ~ j_ I ti'\ .... • NING PROCESS- --'°4-(o ~.----+-\-Z ~-1·'-------"4-CD~.---~~( ULE -·Pti:.1;n•1r'l2WV) c:::::I ftMno -~mctTt II II 11t==*9i• JI II 11t=lllll• II II Ut=*i::::a II II II I II II • • • . . 1J :0 Pl2D.l~ rz.~~~n~ f .ii d f D l It ·1 11 ! l u ~~1 H ·~ ! .~ 1 I H\feN I ~ T -r::ati..~ 1D 0 c... m 0 -I :0 ~ \t'\~: v 0 0 v' • ./' v 0 ~\~en . en'lirlllflm:t11'lll ~"""'~ V*8l NW. . tili~ ~ Lanl~ ~ \~/l:ord 'ViMue-./ v ../ ../ • v ~~.\ V"' 0 ../ ,/ 0 ti/ v 0 • -~_, e¥tu\dt1a1 /Dp:rl ~ PU~ic,~I ~ m CJ) \j 0 z (f) - ~·A~" 0 -./ 0 ../ 0 0 v' v' • .6ai"~ ,. &6fatc. C4n:u tatior\ Obi a::rtvO:., ~ 0 0 0 0 • v' 0 v v ./ Cd1I) a ~e.wocd t:)0.4d~ ~lM:' P&VEiLOAle-.tr ~ OJ -.r - .~A~~ v v 'I/ 0 • v ./ 0 0 • /;.1 ~~ ~ v v v 0 •• ·O 0 • \/ E;Ve:il u;Jt1Q1 • • • • 0 V' v V' • ~ JaCl'1ot-.l 40ZA~r' -I -m CJ) ~n'\ . 0 v' 0 • V' V" . v' 0 0 • ~~ ~ 0 .,/ ./ 0 • 0 v 0 • ti/ ~~ ~1C-n Pu ~Cll~~ Ot ~ ••tth/~~ \~~ ' pu~ic-/~W*:. ~ ~ce\ri tion ~ ~7n-e'\t-r~ 9"d Ca1hO . ~~9td Ct~ ~ ot::o •"'~ Uri~~ ~·,(j ~~ . . • Pritnanl) ~~,,~ ... • • • PROJECT BUOOET COST ESTIMATE INFORMATION* Planning, Design and Management (Design Workshop) Transportation Analysis (PRC Voorhees) Engineering Analysis (Drexel, Barrell & Co.) Marketing Analysis (Browne, Bortz & Coddington) City of Englewood Staff Work Total Maximum Budget Maxiaua contribution from each party: $47,267.00 -18- ATTACHMENT C $ 89,050. - $ 23,900. $ 10,850. $ 8,000. $ 10,000. $141,800. * A more detailed breakdown of costs associated with each work item is available • . . :~w~~ntpwn • 3: 3: 3: s , I • i::eve1qwent rt-qa-t w w w w w w w w 0 0 0 0 8 0 0 0 0 0 0 0 0 0 0 0 0 r0 ,.._ (l) , . .. _, I ~ y • • ., ; ' ., ; w w w w 0 0 00 0 0 00 ()) .. LEHIGH . AVE .. . : .. . . : . ·' MANSFIELD ... ~V . .