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Home My WebLink About1981 Ordinance No. 047.,, • • • • • ORDINANCE NO. .if 1 SERIES OF 198~ BY AUTHORITY ?C COUNCIL BILL NO. 51 INTRODUCED BY COUNCIL MEMBER HIGDAY AN ORDINANCE APPROVING THE SALE OF OLD FIRE STATION 13 TO ARAPAHOE MENTAL HEALTH CENTER INC. WHEREAS, the City of Englewood has constructed a new Fire Station 13; and WHEREAS, old Fire Station 13 is no longer necessary for municipal purposes; and WHEREAS, old Fire Station 13 has been appraised by an SRA Certified Appraiser for the sum of $23,000. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. City Council of the City of Englewood hereby approves the following Installment Land Contract and authorizes the Mayor to execute the same on behalf of the City of Englewood and the D~rector of Finance, ex officio City Clerk-Treasurer to attest the same: INSTALLMENT LAND CONTRACT THIS CONTRACT made and entered into this day of , 1981 by and between the CITY OF ENGLEWOOD, COLORADO, hereinafter called Seller, and ARAPAHOE MENTAL HEALTH CENTER INC., hereinafter called Purchaser, WITNESSETH: In consideration of the sum of $1,000 in the form of a check in hand paid by Purchaser to Seller, as part payment for the hereinafter described property, receipt of which is hereby acknowledged and in further consideration of the mutual covenants hereinafter set forth, it is agreed and stated as follows: 1. In accordance with the terms and conditions hereinafter set forth, Seller agrees to sell and Purchaser agrees to buy the following described real property situate in the County of Arapahoe, State of Colorado, to wit: Lot 8, Block 1, Goodwin Heights, County of Arapahoe, State of Colorado, with all rights of way and easements appurtenant thereto, all improvements thereon and all fixtures of a permanent nature, if any, in their present condition, known as 595 West Belleview, Englewood, Colorado. • • • Price to include: structure with attached fixtures and kitchen appliances; excluding: any fire fighting equipment, radios, apparatus and any other item not heretofore identified, being personal property;bearing a City of Englewood inventory serial number. 2. Concurrently with the execution of this agreement, a warranty deed to Purchaser conveying the above described property, ·which deed is to be delivered to Purchaser on the following terms and conditions: Payment of all sums described in paragraph 3 hereof. 3. Purchaser agrees to pay Seller as the full purchase price for said property the sum of $23,000 payable as follows: $1,000 hereby receipted for; The balance of $22,000, together with interest on the unpaid balance at the rate of five percent per annum, in monthly installments of not less than $415.17 per month, including interest, beginning the first day of August, 1981, and on the 1st day of each month thereafter until principal and interest have been paid in full. Entire balance of .principal and interest shall be due and payable on or before August .!, ·1986, if not previously paid. From and after closing date Purchaser shall pay all taxes and assessments levied on said property except taxes for special improvements now installed. In case of the failure of Purchaser to make such payments when due, Seller may pay such taxes or assessments, and all moneys thus paid, with interest thereon at twenty percent per annum, shall become so much additional indebted- ness under the terms of this contract, or Seller may declare a default as provided in paragraph 6. 4. Payments shall be applied first to interest, and then to principal. Purchaser shall have the right of prepayment of all or any part of principal at any time without penalty. In the event of any prepayment, this contract shall not be treated as in default with respect to payment so long as the unpaid balance of principal and interest (in such case accruing interest shall be treated as unpaid principal) is less than the amount that said indebtedness would have been, had the periodic payments been made as first specified above. 5. Possession shall be delivered to Purchaser on July 15, 1981. 6. In the event of default by Purchaser under the terms of this agreement, Seller may give written notice of such default to Purchaser, and if said default is not corrected within 30 days of such notice, the interests of Purchaser shall be forfeited and Seller shall be entitled to immediate possession of the premises and may retain all moneys paid by Purchaser as liquidated damages. 7. Purchaser shall not make any major alteration or additions t9. sa i d property without first obtaining permission of Seller, ·~· -2- ' • • • which permission shall not be unreasonably withheld. All expenses incurred in making alterations, additions, or improvements to said property shall be promptly paid for by Purchaser. Purchaser shall keep the premises in a good state of repair during the term hereof. Purchaser shall, during the term of this contract, use property only for mental health services. Purchaser agrees that City would not enter into this agreement but for the repre- sentations that Purchaser intends to use this property for educational mental health services. Seller may rescind contract at any time for breach by Purchaser of this representation upon paying to Purchaser all sums paid to time of breach. IN WITNESS WHEREOF the parties have hereunto set their hands and seals. CITY OF ENGLEWOOD, COLORADO Seller By --=E-u_g_e_n_e__,,L,,_...-0.....,..t~i-s-,---M-a-y-o-r--~~- Attest: ex officio City-Clerk-Treasurer Gary R.Higbee STATE OF COLORADO ) COUNTY OF ARAPAHOE ) ss. ) . ARAPAHOE MENTAL HEALTH CENTER INC. Purchaser By~....----------------------------Pre s iden t/D irec tor Attest: By~--------------------~------~ Secretary The foregoing instrument was acknoledged before me this ---day of , 1981 by Eugene L. Otis, Mayor, and Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, and by ~--------------------0--f ___ A_r_a_p_aTh_o_e __ Mpe-n~t-a~l.---iH~e-a__.l~trh~-- Center Inc. My Commission expires • Witness my hand and official seal. Notary P\lbllc Section 2. City Council of the City of Englewood hereby approves the following Warranty Deed to be delivered to Purchaser upon payment of all sums due according to Section 1 hereof and authorizes the Mayor to execute the same for the City of Englewood and the Director of Finance to attest and hold the same until all payments have been made according to the terms of Section 1. -3- • •• • • " Reception No . Recorder. THIS DEED, Made thi1 day of 11181,between City of Englewood, Colorado a municipal corporation, oft he County of Arapahoe and State of Co lorado,ofthefiratpart,and Arapahoe Mental Health Cent•r ·Inc. FILING STAMP whoselegaladdreaa i• 6801 South Yosemite, Englewood, Colorado 80112 of t he County of Arapahoe and State of Colorado, of the aecond part: WITNESSETH, That the aaid party of the firat part, for and in c:onaideratlon of the aum of TWENTY-THREE THOUSAND ------------------DOLLARS, t o the aa id party of the firat part in hand paid by the aaid party of the Ht'ond part, the receipt whereof la hereby •·on feHed and acknowledsed, haa cranted, baraained, aold and conveyed, and by thne preaanta doea crant, barcain, •ell, co nvey and confirm, unto the aaid party of the aecond part, hia hein and aHlpa forever, all the followinc •l~•c:ribed Jo t l"o unty of or parcel Arapahoe of land, 1ituate, lyina and belna in the and State of Colorado, to-wit: Lot 8, Block 1, Goodwin Height•, al10 known aa1treet and number 595 Weet Belleview, Englewood, Colorado 80110 TOGETHER with all and •insular the hereditament1 and appurtenanHa thereto belonslnc, or in anywise apper- t a in inr:, and the reveraion and reveraion1, remainder and remaindera, renta, iaauea and profit• thereof; and all the ""tale, r iaht, title, intereat, claim and demand what1oevu of the •aid party ol the tint part, either in law or equity, of, in and to the above barsained premiaea, with the hereditamenta and appurtenanff9. TO HAVE AND TO HOLD the aaid premiee1 above barsained and deac:ribed, with the appurtenancea, unto the aaid par t y of the aec:ond part, hi• heira and aHiirn• forever. And the aaid party of the ftrat part, for himaalf, hi• heira, exec utors, and administrators, does covenant, crant, barsain, and -.rn to and with the nicl party oft he aec:ond part, h is he irs and •Hisn1, that at the time of the enaealins and delivery of theaa p ..... nta, he la well aaiaed oft he premiaea abo ve conveyed, u of eood, 1ure, perfed, ab1olute and indefea1lble ntate of inheritance, in law, in fee aim pie, and ha1 s ood rir;ht, full power and lawful authority to 1rrant, barsain, aall and convelf the 1ame in manner and form aa a for uaid , and that the 1ame are free and clear from all former and other sranta, barpina, aalea, Ilana, taxea, a11e11menta and encumbrance• of whatever kind or nature 1oever. except t•xe• and assessments for 1981, due January 1, 1982, ea•emente, riqht• of way, covenants and restrictions of record. and t he aboved barsained premiae1 in the quiet and P"&c:eable po ... Hion of the aaid party of the aec:ond part, hi1 he i rs and a .. i1rn1 ar:ain1t all and every pereon or peraon1 lawfulllf c:laimins or to claim the whole or anlf part thereof, the said party of the firat part 1hall and will WARRANT AND FOREVER DEFEND. The ainsular number ahall include t he plural, the plural the 1inr:ular, and the u ee of any sende r ahall b. applicable to all .. ndera. IN WITNESS WHEREOF, the said party of the firet part haa hereunto aet hia hand and aeal the day and year first a bove wr itten . ATTEST: J Director of Finance, ex officio City Clerk-Treasur r STATE OF COLORADO I ... County of Arapahoe f CITY OP' BlfGLEWQ()D, COLORAD01sEALJ B (SEAL) Eugene L. Otis, Mayor -~~~--~~~~~~~~~~-!SEAL) Th e forer:o inr: instrument was ac:knowledr:ed before me thi1 day of 19 8 lby Eugene L. Otis, as Mayor, and Gary R. Higbee, as Director of Finance, ex officio City Clerk-Treasurer, of the City of Englewoda. My eo mm i11ion e xpireo , Ill . Witne11 mlf hand and official aeal. N ut1r)' PubliC'. NO.tlfA. •"AUASTY DEED. -For Pho lo•r •ph it' R to l'11r1I. -8ra4foM PuWi1hl .. -C..,lMl-liMt8&~-D.••1r,C.111' ... (ITl-IOll)-l~'Jt 8 • • • • Section 3. The City Council of the City of Englewood hereby authorizes the City Manager to execute those documents necessary to complete the transaction. Introduced, read in full, and passed on first reading on the 1st day of June, 1981. Published as a Bill for an Ordinance on the 3rd day of June, 1981. Read by title and passed on final reading on the 15th day of June, 1981. Published by title as Ordinance No._:!/!l_ , Series of 1981, on the 17th day of June, 1981. ~u,{(rJJk EU ne L. Otis, Mayor Attest: ~ic~~ 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 pass~Jn final reading ·and published by title as Ordinance No. , Series of 1981. c~~-~ R. H ee -s- · . • • ~ MEMORANDUM TO: Rick DeWitt, City Attorney FROM: Susan Powers, Director of Co111DUnity Development~ DATE: March 16, 1981 SUBJECT: ( Arapahoe Mental Health Center, Inc. Purchase/Lease of Fire Station Number 3. In order to addr••• the use of Fire Station 3 as a Mental Health Center, I requested Dr. Hume• to provide me with in- formation about the "educational" curriculum of the Center. The Zoning 01:dinance allow• educational institutions in R-1-A zone•, and baaed on the attached information, I am adminiatratively approving this uae in an R-1-A Zone . The Engineering Services Department has ordered an appraisal on the property and when this is received, we will discuss the next step. gw cc : Andy Mccown Gary Diede Richard Wanush Dorothy Romana • Mmlnleb'ell1n •11outhYe ........ lntl••eM. Col ..... I0111 3011771-... ARAPAHOE MENTAL HEALTH CENTER INC. Arepehoe Eest Office 8801 South Yosemite E.wood, Coloredo 10112 303/779-1118 Emergency Services Englewood Office 4157 South Broadway Eng l ewood, Colorado 10110 303/761-0620 Littleton Office 6640 South Broedway Littleton, Colorado 10120 303/794-9541 Santa Fe House 658 1 South Sant• Fe Drive Littleton, Colorado 80120 303/795-6168 Aquarius Center 4857 South Broadway Eng l ewood, Colorado 10110 3031761 -0620 • erving the commun ity of Arapahoe and Douglas Counties March 13, 1981 Ms. Sue Powers Director of CoDllllUllity Development City of Englewood 3400 South Elati Englewood, Colorado 80110 Dear Ms. Powers: . '~ ... .. .. .. ,. \•' .. ·. F.'r :c;:.., . . . ; : ; ; 1 :1_; ._ rm .<mn [v j,"i,;.: 1 ;'j 1981 ..... , ... Pursuant to your request for additional inforaation regarding our proposed day treatment prograa for adolescents, the following hopefully more clearly delineates the activities involved, specifically, the educational aspects. As I indicated in prior correspondence, a very large component involves educational pursuits. The school systems of Englewood, Littleton, and Sheridan, via SEMBCS, have alotted a special education teacher and two instructional aides to this program. These educational specialists provide a minimum of four hours per day of academic instruc- tion to the kids. Thus, educational efforts comprise a major part of our program. This is necessary because these children, for many diverse and individualistic reasons, have been unable to successfully cope with "normal" academic instruction. Another educational pursuit, though not 1&&naged by the SEMBCS personnel, involves the teaching of effective parenting skills for the parents/ caretakers of the adolescents in particular. These "classes" are intended to be broadened to include the general public once the program in underway. In general, then, the activities to be provided by the proposed program include public educational efforts as defined above, and in fact, the educational component represents in excess of SO\ of the programmatic thrust. I trust this information will be helpful to you. Please do not hesitate to contact me should you have additional questions. I have taken the liberty of enclosin1 a letter from Charles Wainright, Director of SEMBCS, which outlines the colllli.t11ent from that agency. Sincerely ~ (~ .........., ~--.....,..~-~--' ~----- James 'L. Humes, Ph.D • Executive Director JLH/sg Enclosure • • • southeast metropolitan board of cooperative services charles r. wainwright, special education (!.' .. i.'1 ; (.1 1,'.1\1)11 I ... , • . "O . ' l ) J;;81 Karch 11, 1911 Dr. Jamea H~ DirectQr Arapahoe Mental Health 6801 S. Yoaeaite ln&levood, CO 80112 Dear Dr. Hume: Center Purauant to your request for additional information regarding the proposed Day leaource Treatment Center Program for adoleacenta, the following should more thoroughly delineate the extent to which the education processes will be paramunt to the success ... of., the program. The achool diatricts in Engl•ood, Littleton, and Sheridan have identified the proaram as a high priority need and have conmitted to support the program through contractual arrangements with Southeast Metropolitan Board of Cooperative Services. 'nle Southeast Metropolitan Board of Cooperative Services, in their behalf, will provide a total educational program for these students to the extent that the progrm11 will provide the total education for the students for the duration of their participation in the program. One fully certificated teacher and two instructional assistants will provide the education for up to fifteen students on a full-day basis comparable to regular public education. Due to the unique and diverse education needs of these students, whether due to apecific educational handicapping conditions or problems inherent . in the transition from residential placements back to the home setting, ·effective support s~rvices to the educational proceas will be provided. Theae will include individual and group counseling and/or therapy services, a• well as parenting education skill development training. These services will be provided by experienced and certified staff from the.Arapahoe Mental Health Center. It is anticipated that this cooperative union of mental health and aaency support personnel will substantially increase the likelihood of auccessful reintegration from a variety of aettinas back into the regular achool aettina. Thank you for your attention to and consideration of thia matter. s~~W--- Charl•• I. Wainwright Director. Special Education S(Qr.m ~n~s . . .. , , t : . ' . •. ~\---:q ·.. il :l }J \.\ ft ~· .: ~u u ... ~~ .. .-';e &i :·ai\~ravenue e r ·"'~'·J O · i': •'r ·10•-..-r, ... , ··''!"·"'3 \r•'>·t .c:786 ' . ~ .. " .... . . .. . . . .. . . . . . \ -... ' .,'-. .) •, • • • .. 9llla.OMCI .._.Ol.,_.rM TQs Susan Powers,·oirector of Community Development W Rick DeWitt, City Attorney Mm February 24, 1981 "'9JKT1 Sale or Lease of Fire Station No. 3 In your memo of February 23, 1981, you asked six questions which are as follows: 1) Can the City Council agree to aell the building and property above described to Arapahoe Mental Health Center, Inc.? 2) Must we auction the property off or accept bids for it? 3) Can the City lease the property to Arapahoe Mental Health Center, Inc.? 4) How will we decide the lease rate or, in the alternative, the sale pri~e? 5) Can the City enter into. a lease/option agreement with Arapahoe Mental Health Center, Inc. without a bid or auction process? 6) . I• the use a public or educational institution within the concept of the R-1-A zone classification of the City of Englewood? INTRODUCTION Arapahoe Mental Health Center, Inc. is a private nonprofit organiza- tion organized under the laws of the State of Colorado. They have no formal governmental relationship under the laws of the State of Colorado. They do receive funding from public sources, including the County of Arapahoe. The City of Englewood Home Rule Charter, Section 72, allows the conveyance of City property only by ordinance not using the emergency provision. A municipality cannot lawfully sell its property for a grossly inadequate price since such a transaction is in effect a gift of public funds. The courts are, however, slow to interfere with such sale unless fraud or abuse of discretion clearly appears. Tamblyn v • f-- · . • • • Susan Powers, Director of Cormnunity Development Page 2 February 24, 1981 Denver, 118 Colo. 191, 194 P.2d 299 (1948). As a matter of public policy and in order to remove any possible criticism of the officers authorizing the sale of publicly owned property, such conveyances are usually authorized only after an appraisal or the taking of bids. See McCray v. Boulder, 439 P.2d 350 (1968) and Chitwood v. Denver, 201 P.24 60! (1948). - OPINION 1) can the City Council agree to aell the property to Arapahoe Mental Health Center,· Inc.? 2) Must the City auction the property or accept bids on it? The City is required neither to auction off the property or accept bids on it. The important question is the fair market value of the property. This is normally done by the City through the use of an MAI appraisal. I would suggest at the very least that a written appraisal, taking into account market considerations involving the sale of this property to whomever, including Arapahoe Mental Health Center, Inc. 3) Can the City lease the property to Arapahoe Mental Health Center, Inc.? Yes, the City can lease the property to Arapahoe Mental Health Center. Council may do so by motion or resolution. The period of time cannot exceed twenty years. Please note that the reason it cannot exceed twenty years is the fact that Arapahoe Mental Health Center, Inc. is not a governmental entity. Therefore, it is subject to the twenty-year limitation in Section 72 of the Home Rule Charter. 4) How should the City decide the lease or sale amount? This is done by appraisal. This can also be done by accepting bids on the property. 5) Can the City enter into a lease/option agreement .with that organization w:ithaut a bid or auction process? Yes, the City can enter into a lease/option to purchase agreement with Arapahoe Mental Health Center, Inc. The procedure for doing • Susan Powers, Director of Conununity Development Page 3 • • February 24, 1981 so is basically through an appraisal for the purchase price. Terms and conditions should then generally be in conformance with market terms although not necessarily precisely at market rate, artd the term of the lease, again, is limited by Section 72 of the Home Rule Charter. 6) Can the property be used for treatment of adolescent children and mental hiealth disorders in an R-1-A zoned district? A zoning ordinance ion page 145 define• educational institution as follows: ·Public· schools, parochial school• irrespective of denomination and having a course of study substantially equivalent to that of a public school, private achoo.la having a course of study substantially equivalent to that of a public schooi, colleges and universities, professional · schoois, special school• --for the blind, handicapped, etc. --and kindergartens and day nurseries. This shall not include •Trade or business schools• or •oay camps•. •Public buildings• is defined as •a building of or pertaining to the people which is open to common general uae or enjoyment.• I am not entirely aware of the nature of the activities to be carried on at this particular location, your memo not beinq sufficiently in depth. I am not persuaded that since Arapahoe Mental Health Center, Inc. is a private not for profit corporation this is tantamount with being a public building or educational institution. I would advise you that there are liter~lly thousands of not for profit corporations in this state as well as in the county., for instance, the Colorado Municipal League, I believe, is a Colorado not for profit corporation. There are other societies of a professional nature that are similarly chartered. The important point to be made is that by allowing this use in our most protected residential district seems to of fend the basic thrust of the ordinance. I point out on page 15, Section 22.4-2, R-1-A, " ••• to these ends, development ia limited to a relatively low concentration and permitted uses are limited basically to single-family dwellings, educational institution• and religious institutions plus certain public facilitie•, which serve the residents of the district.• # • • • • Susan Powers, Director of Community Development Page 4 February 24, 1981 In this clause, it seems clear that the purpose for allowing educational institutions, public buildings and religious institutions is to provide service to the district. I do not believe that this is the precise goal of Arapahoe Mental Health Center, Inc. I point out that the fire station, previously used to provide fire protection for the southern areas of the City, did provide needed public services to the district. I am not entirely convinced that Arapahoe Mental Health Center, Inc. provides similar needed services to the d i strict. I know that it is not a public entity as such. Should you have any questions or additional information regarding this, please feel free to contact me • Rick DeWitt bb cc: Andy Mccown, City Manager Rich Wanush, Assistant City Manager Dorothy Romans, Assistant Director of C.D • • • • . . llEMO_!!ANDJlM TO: Andy Mccown, City Manager FROM: Susan Powers, Director of Community Development DATE: February 23, 1981 SUBJECT: Arapahoe Me~tal Health Center Purchase/Lease of Fire Station No. 3. v On Friday, February 20, 1981, Gary Diede, Dorothy Romans and I met with Dr. Humes, Executive Director of Arapahoe Mental Health Center, Inc. to .discuss the Center's interest in the purchase or lease of Fire Station No. 3. There are several issues that need to be resolved before the City or Arapahoe Mental He~h Center can proceed. We need to know our legal options, i.e.~an the City Council merely aeree to aellAille buildin1 and property to Arapahoe Mental Be~lth Cent~ Inc. ~st we auction off the property or accept .bids on itZ(.}..Qan;t;li)t City lease the property to Arapa~ Mental Health Center anil!l{ow will we decide on a lease rate.?~n the City enter into a lease-option agreement with that organization without a bid or auction process) Another issue relates to zoning. The property is zoned R-1-A and my staff and I feel the proposed use is permissible within this zone. The zoning category allows public or educational institutions and while this organization is private not .for pr9f it, · it.· 18 primarily .fiuided by public monies. The staff used the same rationale to allow the Red Cross to locate in the same zoning district on the same street. For your information the center will provide only day treatment for approximately 15 adolescents. There will be eight (8) super- visory staff members. The Arapahoe Mental Health Center would prefer to purchase the building if the price is reasonable. We did not discuss price since it is unclear if we can in fact sell to them. If this is not possible they are interested in a lease.. They are very anxious to have these le1al issues resolved· because they have funds available to rehab the building which must be committed by July 1, 1981 • . . . ·Page -2- I told Dr. Humes that we would contact him as soon as the City Attorney informed us of our option•· I am transmitting t h is memo to Rick Dewitt and asking for bis legal assistance, so that we can proceed. /mcc ,/cc Rick Dewitt •• •