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HomeMy WebLinkAbout1985-12-16 (Regular) Meeting Agenda• • - • • 0 City Council Meeting -Re g ular -December 16, 1985 - • • • • X:{ •<'-4,1<tv. ~ .?0:~ 5:0 <;, CiA " a"« . &;, . 'N. !? r, r1. c? a • 0 0 I . • • REGULAR MEETING: • • • COUNCIL CHAMBERS City of Englewood, Colorado December 16, 1985 The City Council of the City of Englewood, Arapa hoe County, Colorado, met in regular session on December 16, 1985, at 7:30 p.m. Mayor Otis , presiding, called the meeting to order. The invocation was given by Council Member Higday. The pledge of allegia nce was led by Cub Scout Troop 1333. Mayor Otis asked for roll call. Upon a call of the roll, the following were present: Council Members Higday, Van Dyke, Vobejda, Weist, Bilo, Bradshaw, Otis. Absent: None. The Mayor declared a quorum present. * * * * * * * Also present were: City Man ager McCown Assistant City Manage>r Vargas City Attorney Olsen Assistant Director of Community ment (Planning) D. Romans Develop- Englewood Housing Authority Executive Directory A. Feinstein Deputy City Clerk Owen * * * * * * * MAYOR PRO TEM BRADSHAW MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF NOVEMBER 25, 1985. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Van Dyke, Vobejda, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * * • I • • • December 16, 1985 Page 2 • • • Mayor Otis and Mayor Pro Tern Bradshaw presented awards to athletes from Englewood High School for recognition in the sport of cross county track and in the sport of soccer. * * * * * * * There were no other visitors at this time. * * * * * * * There were no communications nor proclamations to act upon at this time. * * * * * * * Consent Agenda items were: (a) Minutes of Urban Renewal Authority meeting of October 30 and November 6' 1985. (b) Minutes of the Housing Authority meeting of October 30 , 1985 . (c) Minutes of the Planning and Zoning Commission meeting of November 19, 1985 . COUNCIL MEMBER VAN DYKE MOVED TO ACCEPT CONSENT AGENDA ITEMS 9(A)-9(C). Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes : Nays: Council Members Higday, Van Dyke , Vobejda, Weist, Bile, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * * MAYOR PRO TEM BRADSHAW MOVED TO OPEN THE PUBLIC HEARING TO CONSIDER A RESOLUTION APPROVING A HOUSING POLICY REPORT FOR SINGLE FAMILY MORTGAGE REVENUE BONDS. Council Member Weist seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Van Dyke, Vobejda, Weist, Bile, Bradshaw, Otis • • I • • - • December 16, 1985 Page 3 Nays: None. • • • The Mayor declared the motion carried. Englewood Housing Authority Executive Director Alan Feinstein, 7030 Pecos, Denver, Colorado presented the resolution. The purpose of the hearing was to consider comments on the policy report for single family mortgage revenue bonds. No particular area of the city was targeted to be eligible to receive the benefits of the bonds. Mayor Otis asked if there was anyone present wishing to speak to Council concerning this matter. No one responded. MAYOR PRO TEM BRADSHAW MOVED TO CLOSE THE PUBLIC HEARING. Council Member Van Dyke seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Van Dyke, Vobejda, Weist, Bilo, Bradshaw, Otis. None. The May declared the motion carried. RESOLUTION NO. 62 SERIES OF 1985 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ENGLEWOOD APPROVING THE POLICY REPORT FOR SINGLE FAMILY MORTGAGE REVENUE BONDS UNDER SECTION 103A OF THE INTERNAL REVENUE CODE. MAYOR PRO TEM BRADSHAW MOVED TO PASS RESOLUTION NO. 62, SERIES OF 1985. Council Member Vobejda seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Van Dyke, Vobejda, Weist, Bi l o, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * * • I • • - • • December 16, 1985 Page 4 • • • Assistant Director of Community Development Dorothy Romans presented a recommendation from the Planning and Zoning Commission to approve the 300 West Belleview Avenue Planned Development which is located on the south side of West Belleview Avenue , west of K-Mart. Ms. Romans stated Sanford Metzel, President of Sanford Companies was the proprty owner and the applicant proposing to develop the 10-acre site with 312 dwelling units in nine buildings. Mr. Metzel came forward and displayed a rendering of the proposed design . He also discussed in detail his plans for seeding particular areas of ground, why some buildings were 2-story and other were 3-story, the financing was not through industrial development bonds, the units were adult rentals , and the whole project would be completed from start to finish -there was no approach to build this piecemeal. Council agreed to allow citizens in the audience to speak regarding this project. Pat Smitten, 5155 South Elati, came forward. Ms. Smitten stated her neighborhood would be impacted by the project density and would prefer that none of the buildings be more than 2-story. Ms. Smitten stated that she never saw the complete set of drawings. t Ruth Kelly , 5145 South Elati Drive, came forward. Mrs. Kelly expressed concern about the high density and had hoped that more than just 3 residents of the neighborhood would be present to express opposition. COUNCIL MEMBER HIGDAY MOVED TO SET A PUBLIC HEARING ON THIS MATTER TO HEAR FROM THE RESIDENTS OF THE NEIGHBORHOOD FOR MONDAY, JANUARY 13, 1986, at 7:30 P.M . Mayor Pro Tern Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Van Dyke, Vobejda, Weist, Silo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * * Mayor Pro Tern Bradshaw asked Mr. Metzel to contact the residents of the neighborhood and find out their concerns. • I • ...... • December 16, 1985 Page 5 ,. • • .. Mr. Metzel stated he did not hold a formal meeting with the neighborhood but did send out letters notifying them of his plans. Mr. Metzel stated that he was in compliance with the code and even made some concessions by moving the buildings back 100 feet and decreasing the density. * * * * * * * As sistant Director Do rothy Romans presented a recommendation from the Community Development Department regarding approval of an Addendum to an easement agreement by and between the City of Englewood and Donald D. Rippen. MAYOR PRO TEM BRADSHAW MOVED TO APPROVE THE ADDENDUM AS WRITTEN IN COUNCIL COMMUNICATION ll(B). Council Member Higday seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Van Dyke, Vobejda, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. RESOLUTION NO. 63 SERIES OF 1985 * * * * * * * A RESOLUTION APPROVING AN ADDENDUM TO THE 1984-1986 COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND THE ENGLEWOOD EMPLOYEES ASSOCIATION EFFECTIVE JANUARY 1, 1986 THROUGH DECEMBER 31, 1986. MAYOR PRO TEM BRADSHAW MOVED TO PASS RESOLUTION NO. 63, SERIES OF 1985. Council Member Vobejda seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Van Dyke, Vobejda, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * * • • I • • - • December 16, 1985 Page 6 • • • City Attorney Olsen asked Council to approve a 4.8 % s ala ry increase for the legal assistants in the City Attorney's office, 4 % for the clerical positions, and to approve the upgrading of the clerical positions in the Assistant City Attorney's (prosecutor) office. MAYOR OTIS MOVED TO APPROVE THE RECOMMENDATIONS MADE BY THE CITY ATTORNEY FOR THE YEAR 1986. Mayor Pro Tern Bradshaw seconded the motion . Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Van Dyke, Vobejda, Weist, Silo, Bradshaw, Otis. None. The Mayor declared the motion carried. RESOLUTION NO. 64 SERIES OF 1985 * * * * * * * A RESOLUTION SUPPORTING A STATE MANDATORY SAFETY BELT USE LAW TO REDUCE INJURY AND IMPAIRMENTS BECAUSE OF MOTOR VEHICLE CRASHES. COUNCIL MEMBER HIGDAY MOVED TO PASS RESOLUTION NO. 64, SERIES OF 1985. May Pro Tern Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Van Dyke, Vobejda, We ist , Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * * There being no further business to discuss, COUNCIL MEMBER HIGDAY MOVED TO ADJOURN. Mayor Otis adjourned the meeting without a vote at 8:40p.m., and wished everyone a Merry Christmas. n~puty City Clerk L?C/ /./ /-· • I • • - ( • • • • ['{\ AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL DECEMBER 16, 1985 7:30 P.M. l. Call to order. ()~GL; 2. Invocation. '1 r.U-r tJ J 3. Pledge of allegiance by Cub Scout Troop 1333. ttn-'-&i'~ 4. Roll call. 5. Minutes. (a) Minutes of the special meeting of November 25, 1985. 6. Pre-Scheduled Visitors. (Please limit your presentation to 10 minutes.) 8. (a) Athletes from Englewood High School will be present to ~ receive recognition awards. Non-Scheduled Visitors. (Please limit your presentation to 5 minutes.) Communications and Proclamations. 0 I • City Council Meeting December 16, 1985 Page 2 9. Consent Agenda. • • - (a) Minutes of Urban Renewal Authority meeting of October 30 and November 6, 1985. (b) Minutes of the Housing Authority meeting of October 30, 1985. (c) Minutes of the Planning and Zoning Commission meeting of November 19, 1985. 10. Public Hearing. ~ ~ (o ,J-(a) To consider a Resolution approving a Housing Policy Re- port for Single Family Mortgage Revenue Bonds. ll. Ordinances, Resolutions and Motions. (a) Recommendation from the Planning and Zoning Commission f.? to approve the 300 West Belleview Avenue Planned ~~~ -~0 Development which is located on the south aide of West ";... 1-\~ "'Belleview Avenue, west of 1<-Mart. f 1·· ws (b) Recommendation from the Community Development Department A ; regarding approval of an Addendum to an easement agree-(t~~t~ Lf · ment by and between the City of Englewood and Donald D. I I Rippen. KO<Zc (v5 (c) Resolution establishing salaries for General Services Employees. ( • 12. City Manager's Report. ;I. y -h CJa.-1' a a.U-a-a n 6 13. City Attorney's Report.i i/o -'""Ju"-?? ...Ci' 0 a1_ 14. General Discussion. (a) Mayor's Choice. (b) Council Member's Choice. IJ1ilo A :&;~ • I • • ( • City Council Meeting December 16, 1985 Page 3 J\~~ 15. Adjournment. <6~0 J f'fV"- ~~!~ City Manager AM/sb • • • I . . • • -. .. . ........ ..... ::;~ Ill Ill I 0 ( v Q J c ~ C~!INC JL CHA"!'ERS v o t rn~le w coo , C c l ~r ~d ~~c~-o l ~ 16 • 1a~~ RF Gt:L ~~ I'FETT'<C.: r ~ ~i ty Ccunci l of the City o f r nol e w,c d . tr aoa h oe Cc lc r .c•, ~rt ~n r ec ul ~r s~ssinn o n Qe ce~oe r 1 6 9 1 9e5 . at 7 ! untv, p . :". •.y c r 0 t1s , o r esia inJ o c a ll ea th e mc e ti no t o o r oe r . TtJ ~ in v o c a t ion was 'l iv "n b y Counc H !-~e m b e r Hi qda y . He ol eci-J c of c ll ecionce was l eo b y Cub Sc o ut Tr oo o ~3 3 3 . "r y &r Oti s JS~ea fo r r o ll t 3 Ll . f ~ll c w1 n a we r e 1 r esent : Uo o 'l a c a ll o t he roll • t h,. C c u n r i L :-1 e ,.. be r s Hi g d il y , Va n D y lc e , Vo be J d a , ~'r iJJsna w, Ct is . e i st . P i l e• At s.; r t : ·-~ ~ ~t.'. T ~e qc yc r dec l a r eo d o u o run pr e sent . * .. Al sa e r o se we r e : .. .. .. C 1 t y Ma n agP r ~cC o w n A~sis t ~n t Ci t y Ma n age r Vd r aas C<ty Atto r n e y Ol se n ~5s 1 s t a nt Direct o r of CO t!'tl1 unit y O"v e l o o - me nt C P l ~nnin q l o. Qo ma ns A s s i s t a n t 0 i r e c t o r o f Co ,. ,., u n 1t y-o "·v " l o o - me nt CH o u s i nq l A. Fe i n st e in ~1 o uty City Cl n rk Owen .. .. Fl T UQ P~O i [l' nRAOSh AW ~vV f O TO ~PP RO V E TH E MI NU Tf S n FI H' RFGU L tR ~EfTING OF ~OVfM~fq ~~. 1°85 . Co u n cil Membe r ?il c s oco ndnd "he l"cti on . Leer d c a ll o f t"e r ol l• th e v o t e r esulted as f 0 ll o wo : 0 • )t:s : ~' i: y s : Counc il Me'l b e r s Hi qday , Va'1 D yk e , Vobejd a , \lei ~[, ;;il o o Br a dshaw , Otis . Non~. T~e '~yor dec l ~r e d o ~ot i on C J rri ~j . .. '-;-Jill\ IJ' • • ,__ . ::: .. ! j ..._ (_ __ "'C£-r r..r r ~;_, :9F 5 ;:--;t: ' ~~y~r Gtis dnc Mt y o r 0 r o Te ~ 3 ra dsh~w ore senteo ~war~ t c athletes fro~ Eng l e wooc Hioh S ch~ol f o r reco an ition in the soo r t cf c r oss c cu nty tr u ck anc in th e soo rt o f so ccer . t 'is * • * • •tpre were no ~thPr vis~to rs a t t~is t i re • • * * * * * '~e r ~ wer e no co~muric atic ns no r o r o cl amations to ac t uo o~ 1~ im e . * * * • * * rc ns ~nt A ~enda tte~s wer •: ( c ) .,.1nu .. os o f Ur ba n Pene .. a l ll.uthority l!'e eti'lg of Octcb e r 3 a'ld i\o v enbe r .,, 1 985 . (t) "'i'lut•s ~f th • Ho u s in g Aut hority meet i ng of 1ctobe r 30 . 1 985 . ( c ) "'tnut c s of th e P l an nin g a l"d 7on1nr ComP'11 sst on eting c f •·:J vembe r 1 s . 1985 . CCUNCIL I'I[MBER VAN CYKE I"O V'"D TO A.CCEP T CON SEN T AGf'JD l l Tf"'S 5 <A> -c; <C>. Counc 1l M!'l"ber fl tlo se conded t h e moti on. Uoon a call of the r cl [, th e •et c re su l ted as fcllo~s : A )P S ; C c u n c i l ~·em b,.. r s H 1 o day , Van D y k • , vo be 1 d a • II • i ~ t , ~i l o , B r adsha~. Otis . - ~<;y s : Non'-". T~e ~rl yor dec l 6 r ed ntct i on ca rri ed . * * * * * * F~YO R PRO TEl' BR AOSHA\J MO V~D TO OP E"J THf PU B LI C HEAR!IfG TO CC~S I DEP A RESOLUTION APP~OVI"JG A HOUST"JG POLir Y REPORT FOR SIWLl FA~(LY f'IC~TGAGE FcEVENUf 80 1\:0S . Council l'emocr weist seconaed the motion . Uoon a c a ll o~ th e rellt the v~t e r esulted as f o l lows: A)es: y s : • C'lunc il "'errbers Hi gda y, Van [l y~e , Vobejda o Weist , -;l,, A r •dsh~w , Otis . 'll':lnt" • • . . . n .. "" .. l ,.... ......, ( C{t e Tc e r ;f , ~~~5 r-.:' l~e v J yor decl •r ed t~e ~c tion ca rri ~d . t~s~s t ~nt Dir ec tcr o t c ~~~un ity D c v ~l ooTent CHousin g > ~l o F •1nstri n , 7 ~7 Pe c c ~, r nrv p r, Co l o r a d o pr€s ~nte d the r e,o lu ti o n . Tn• CLq:cs r c f t ht h ea r i n 1 wa!: t"' ror s i O"r CO"'rr.ent s o n the p o lie y reo o r~ tor sir g le f ~~ily ~ort~aoe r e venue bonds . No parti c u l a r a r e a o f the Cfty wa s t :r g cted tc b e e li ciolP t c r ece iv e the bene fi ts of the bonds . Vo y e r Gtis •ske d if ·~er• wz s an v on e p r esent wi ~hin ~ to soc ~ Cc ~n c 4 l c~rc e rninc t"i s TJ tt c r . ~o an a r esp o n o ed . YOR PR O TEM c RADSHAW CcLnci l ~e ~be r Van Dyke seconde tr ~ vcte rPsulted as f ol l o ws: OVE D TO CLO ~E TR E PUPLIC HEARING • Ay es : t <ys: c~uncil ;> il 0 ' "J on~. the mo ti on . Uo on a call of t he roll• '""'b ·•r!' Hi q day , Va r cJd ~n d .. , J tis . y~ c . Vobelo a , ll e 4 Tte ~3y decl a r P d th~ ,.,otion c a rri ed . RfS~O~LLTI Qt; mJ . E2 SER IES OF l 985 A Rl:"SC l UTJC1-1 Or T HE CTTY COUNCIL rJ F THE CITY OF fNGLfiJOOI'J 4PPDOVTII.tl1THE FCLICY REPLRl FOR S I NGLE FAMILY 1 0 RTGAGE RfVFNUE eONDS UNDER S fC TT ~ 1"3 F T~E l~lf~N•L REVE NUF COD E • ~·Y OR PRO TEM R RAOSHA~ MO VE D TO PASS RESO LUTIO N NO . 62 , SER I ES CF 19 t'!:. Ccunc 1l l"ember Vcoejoa se c o n oed th e not i o n. Uoon a ca ll cf th e r ~ll, th e vote r esult~a a s tollo~•= Ay e;.: ~. c YS : Co u~ci l ~e ~bars Hi q da y, V~n Dyke. Vobelo~, Wei s t • 1to , Qraashaw , Ot1s . Non ~. Tht ~~yor decl a re d t hP ~o t1on c a rr1 e a • • • • • . .. .. ~ (_ Ce c~rr r..~"~ F J :1 C " p r ~scrt ~r::r::r cvc l :ce:tec : ~ • :; ;... 5 Ac~i~·a n: Oi r o ct o r cf C o ~~u~ity Qo v o l o o~ent Oo r o t~y RO ~rtn3 c c r ~co~~cnddtion fr o~ tre P l a nning and Zonin p ro~n•ssior t tr r ! ~ Jest Be ll e vi c ~ Av •nue P lannc o Developmen t which i s r th ~ south s i ce o f ~~st Ae ll e vi e w Av enue , west o f K -~art . ~s . ~~~a~s sta t rc San tor a ~Ct7C lo Presi de nt o 1 sa ~t o r d Cc~~-n i o~ w s trc cr co r ty o wn 4 r a rc the ~ooll c ~nt orop o sin a to d ev e l oP the i'-Jc r e sit " with ~12 a we lll nq uni ts In rine ou 1ld1n o s. · ~r . ~~tz el ca~e forw a r d rt nd d isol ~y cd a r ende ri no of th e r::r coc se r cc si~r . ~r 1 l sc o i scussoo in d etJil h i s clans for se e d 1r ~ o .rticul c r a r e~s o f q r ounc , wry 3C~c ou il d ln 1s we r e 2 -story a nd ot~or • re ~-st~ry, the f in ~n cin o was no t th r ouah 1nc u st ri a l dcvclop~ent bon~s . tr _ ur 1t s wer E 3au lt r enta ls, d n a th e whol e n r ole ct woulo be co moLnt e fr~~ s t a r t t~ f i nish -the r e wa s no a po r oa ch t o . oui l J this o1ecem ra l . c unci l ~Q r Ded t c a ll o w c itiz ens in r eca r c1n _ r~•s ~r ot~ct . P au dien c e t ? so ear Q r.t ~.n ittr n o S15 c South [t at i, came f o rw a r o . ~"~s . Sm Hter st1 ne i g rtorh ood wou l d oe 1m oa c ted oy thA oroject ae rsity and wa ul t r t l"i't '1 0n!' of the bu iloin gs he "!a r e th 1n 2 -story . ~s . Sl!'i tten st ~teo t ~~t sre re v er sa w th~ co ~o lete set of c r a win ~s. Mr S • Kn[l y ,.,o r e tf)<~n opPOS't 1 on • eo "nTfR T 1 ~. 191'~ • a c a ll o .t 7 :3J ~.~. ~a y o r P r o J e~ ~r ads h a w s e con ded th e r o ll, t he v o t e r e sulte d a s f o llow s : 'i!A o y C'O'l ~)(;S : Co uncil ~~e nbcrs '1 1 od ay , Van Dyk e , Vo b ejd a o lie;,(, f 1 t 0 . r adS h J ol • "tis • • ~y s : 'lion•. Tre ''a yor ec l 3 r ec th e ~c tion c a rrio d . Pi y'r Pro Ter 0 r ,dsha w 1s ked ~r . Metze l t c+ th e n~i~hb~r hood .. nd f ind out thei r concern s . c on t a c he r e~l do nt~ "r . ~.t zrl s t a t ed he J 4 J not ho l d a t e r ra l ~Petin~ o~1th •,P r ~i~h tc r r.cc out o i a sere out l et •e r s no tifyin ~ th e~ o f h is o l an s . ~ •• •~t zel •t,t~1 that he .. ~~ ;., co~el l an ce wit h th e co d P and e v en m1uo s J~ • ~ -~ • • I ~ . . ::: ..... .. .. 1 « 8 :cce'T'Lf r ~f • l(",q ;;:;;. 11" c: c:rcL~Si crs ~Y ~ovin c t~c ru 'ln 4 ~ ~ba ck 1 ' J f ee t and oec r eas i r 1 ,,~ cersi t~. " .. * • * ~~si s t a n• e 1rector Co r or~y R o~ans or cs en ted a r cco~mcn dat;nn f r :m tr e Cc mmunity Oe v P l crrncnt D•ca rt rnent re q a r d in n app r o v a l of ar ~ccercu~ tc an easement aq r cc~ent b y and b e tw e Pn the City o f r na t c ~'od 3rj Cc r a l r o. Ri ppen . •tYCP PRO T E~ ~P A~SHA~ I~ CCL~CIL C u~~U NICATI O~ l l l t lo ~cticn . Locn ~ call of thP r o LL , VE D TO APPROVE THE ADDENDUM AS wRTT TE' Counci l ~e m b e r Hi qda y s e c onoed t r P :hP v o t e re s ulte d as f ol l o ws: Ayes : • ;y s : Counci l ~ernb~rs Hi aca y, Van O y~e, Vo bejda , Weist . il ~, B r adsha ~. Otis • "J on e • Tre Ma yor de cl a r ed th e n n ti o n c~rri Pd . R fSO LL T I O ~ NO . 63 S£RI£S OF !58E * * " • A R(SL LUTIC N AP PR OVI NG A~ AOOfNOUM TO THE 19~4-l q86 CO LL ECT IVE 8 ARG AI NI NS ~GRf£~f ~T EY A~O PflWff~ TH E CIT Y OF ENG LE WOOD , COL OR ADO , AND THE - E ~G L E•CO O fMPL OYEfS A S 3 0 CIA TI O~ rFFEC T IVE JA NUARY 1 , 1 986 THRO UG H JE C(~P EP 3.t ;9H 6 • ~~Y OR PRO TEM BR A OSHA~ MO VED TO PAS S RESOLUTION NO . &3 , Sf~!£S OF 19P~. Cc uncil Me~be r Vocejda seconded the motion . Up on a c a ll o f th e r c tt, t ~~ ~ott r es~l~ec a~ f o ll o~ • ~ye s : ~ <'Y S : Co u n cil Memb~r s Hi ada y . Van Dy(e , Vo bej d a , Wei s t • ff iloo Br adsha w, Otis . None . e v~yor decl a r c c th e ~o t i on c a rri Pd . " * * ...... ....... ....... e I 'i ..__- I• "' . .. . ... ... .. .. l ~ I) L :Je c~r--c ~r iJ a,~~ !: 1"'25 r;ty Att o rnoy O l ~e n 3s k ec Counc il t o app r o ve a a ,R ~ sa l a rv ircr •a s ~ fe r the teo a l oss ist ~n t s in th e City Atto r nPy 's office • 4~ f o r rc cleric e:L oos ltions , 'lnd t~aoo r ov3tf)e u po r ad i nq of the """'"!14 ··~~- cl e rical lC Sitio~ir the Assis tant CifY Att orn"y 's (p r osecu t o r) Office , ~A Y OR OTI S ~O VlD TO APPR OVf THF PfCO~MfNnATIO ~S ~AD( ~' T~f rrry LTT rRNE Y ~0" THE YEA P 1qA6 . ~ayo r Pro Te~ ?r ~dsha w s e con d~c he ~ctic r . Lccn a c 3 Ll o f the r o ll , th? vo te r esu l tea as f ol l ows: A )F !>: t;. Y$: Courri l r ·~hers Hi cda y, Van Dy ke , Vo be id a t Wei~+, ~i l c , 8 r ~as~J~• ~t is • .'J O:il! • The ~•yor de cl a r ed the mo tion c a rr ind , RESOLLTTO~ NO . 6 4 SERifS OF .9~~ A RESC LUT !CII. SUP POIHI ~G A S TAT( "1 AI\DA TOR Y S AFETY B ~LT usr LAW TO REDIJCE ~~~URY '~0 I MPA IR~E N T~ fE CAUS E OF "1010 R VEH I CLE CRASHES . ~sP5 . r c ll • r cuNClL Mt~PER HIGDAY MOVED TO PASS RESO LUTI ON NO . 64 t SE~I ES OF May Pro Tem P r adsha w seconded the motion . Upon a c a ll of 'he t n~ vote r esulted as f ol lo•s : A) E:.>; ~ <:Y Co urcil ~e ~b e rs hi~day , Va n Oyke t Vo be jdn t Wei s t , P i l o o P r 3d ShJW t 0 tis , None • Tre v a ycr detlo r eo the ~ot 1 on c a rri ~u . • • • * • Tt c re be1no ~o furthe r bus in ~~s to d i s c uss , COUNC IL M E~PE R /tt lC OAY I'OVEO TO ACJO URN . ~a ycr O tis ad jc.urn ec! the neetin c. witllou~ J vo t e a t p ;q : P •••• ~nd wi shed e v e ryone a ~~rr y Christ~a s . -:;~tr-ritr -rf:;~-------------- • p~ • 7t;_J 4/J ./Yl .cf 7 . 3oynl . • • • AGENDA ITEM ---PRESENTED BY ----- ~ 'b (}'~G Uo --------' t.doU&~J y (jJ{I1, ROLL CALL Moved Seconded Ayes /'Nay Hlgday / tfr'l\ "'· aJ / I Vobeida -J I Weist --HH-ro I -f.--Bradshaw " ~ Otis [\ . MOTION: \ Absent - Abstain -t:---r--- I . • • • AGENDA ITEM -----PRESENTED BY -------- ROLL CALL Hoved Seconded Ayes Nay Absent Abstain Hlgaay ' y ~l(l'>< /1 ""· v Vobe1da ;}__ v Weist v Bi lo v Bradshaw v Otis J/ MOTION: I • • • / AGENDA ITEM ~ cJ.--- Moved Seconded H l_gday Neal Vobeida / Weist Y' lfllo v Bradshaw Otis MOTION: ROLL CALL ~. • • • PRESENTED BY -------- Ayes Nay Absent 'I Abstain I I I I I \ ........ I • • • • • AGENDA ITEM 6 {1__ PRESENTED BY ------ ROLL CAL L Moved Seconded Ayes Nay Absent Ab t I s a n Hlgaay Neal Vobeid a Weist Bllo Bradshaw Otis MOTION : I . . • • • - AGE NDA ITEM 1. PRESENTED BY ---------------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain ~ay Nea....!_ VObftlda Weist Bllo Bradshaw Otis MOTION: I I • • • • - PRESENTED BY -------- ROLL CALL Hoved Seconded Ayes Nay Absent Abstain _t1_Lgda_y I ~---Neal I Vobei da Weist I JL _Silo l Bradshaw Otis \ \ MOTION: {!1 cc. . J~ I • • • • • AGENDA ITEM PRESENTED BY ---------------- ROLL CALL Moved Seconded ~~ Ayes Nay Absent _l Abstain Ne~ j_ VobEU_da 1 v-We.!_s t .L __8_1 lo I y Bradshaw .l Otis ~ ~ MCYI'ION: I • • • • • • AGENDA ITEM ----PRESENTED BY ------ 10 3 0 Moved Seconded Ayes Nay Absent Abstain lfTQaav Neal Vobeida Weist Bllo Bradshaw Otis MOTION: I . . • • • • AGENDA ITEM -----PRESENTED BY -------- L ROLL CALL Moved Seconded Ayes Nay Absent Abstain ~ Hlg<lav ...-Neal I Vobeida Wei s t 7 Bl lo I ._.......-Bradshaw I Ot i s \ \. MariON: I • • • • • • • AGENDA ITEM-----PRESENTED BY -------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlgday I Neal I J/ Vobe,da I Weist Bllo v Bradshaw Otis MOTION: I • • • • • • AGENDA ITEM 1/bL-· c )J 7)sY oy jail~~ lr ur -'-fu ,_, ~v (A)ll.t /i_J ~02?JL f2t)'\1-t"--a -JJ.A ~ L~ /JC-?'1. c.:::j 0.. } )_ J uL ~~ ..-/ ~ c{U L L~ .~~ tt'Y-t},}j__ cr) d{,~ £L~rJ ROLL CALL Moved Seconded Ayes Nay Absent Hlgday Neil Vobe da Weist Bllo Bradshaw Otis MOTION: • ~ a/. G L<11-~ L -;tJ"L-'Ul. . Abstain I . . • • • AG ENDA ITEM ----PRESENTED BY ------ /ru_dal.~ ci.J..4J.L~"J" -Fo_XctY\ ..ffJ\... o..-CC 1..A -dl/}~ -v -,Ailt{/p <J-tl(Y.)/ ~~IJu_,~~ _/<) /JcO ~~~ -" r~<:l( r••~ wu~- Zc~'>'-fo/._.__ .. /l~r-"~ c.fo ~d &.. -I ') t 7 I %9 aD '"e li::~ {~£"--' ,A.-R/~_x~.-i<J c -'!t 2 D -5 s-O I>~ LC ~ _ ~v...Z daL -If' f'»u~ /JLL r lill..&. -~o '-L _,.t~ ~ ROLL CALL Hoved Seconded Ayes Nay Absent Abstain Hlgday Neal Vobei da Weist Bllo Bradshaw Otis MOTION: I . . • - AGENDA ITEM ---- 't 1-h -DLU A + :20j J--<J_J ~~. J i 'tj .M-{" y;jc r1 dU-LtL c<. ~ ~ ~-u.Y ai!_ t Lu ..;__'---' ~r '-·'-~ w~· ;t • • • PRESENTED BY ------ f -su u ').i..J fl.L l.-t CA~O l /f_ ;( ~~ k t-v __, -._ ~ ~ L.._) tVJc~L_ C---t~ ,U '_.___ 9;_ J-~1u_'rh -6 I _~:;-S ~ 't_i a L .--.~<.). u 4-L {_ .-:1--~-?:;. :J.) ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlg<lay Neal Vobeida Weist Bi io Bradshaw Otis MOTION: • • I . . • • - ___ _,_,.._ ___ ---- AG ENDA ITEM ----PRESENTED BY ------ RO LL CALL Moved Seconded Ayes Nay Absent Abstain Hlgday NeaT Vobeid a Weist Bllo Bradshaw Otis MOTION: I . . • • • • • AG ENDA I TEM ----PRESENTED BY ------- ROLL CALL Moved Seconded Ayes Nay Absent Ab t I / s a n 1/ HIQdav Neal Vobeida Wei s t etto 1/ Bradshaw Ot is /-13·/fG I • • • n • • • AGENDA ITEM ---- P~EmEDBY ______ _ 0 ROLL CALL Abstain Moved Seconded HTqday NeaT Vobeida Weist Bi lo Bradshaw Otis MOTION: I . • • - ---~-~~~~~--~-----~ ---- AGENDA ITEM ----PRESENTED BY ------- Moved Seconded MOTION: Hlgday Neal Vobe1da Weist Bllo t/u_ /(_ 4---t!L c ( ')U.__r ffi~~j-. ROLL CALL Ayes Nay Absent "\ I I I I Bradshaw I Otis \ \ Abstain 0 I . • • - • • AG ENDA ITEM PRESENTED BY :fj ' i./J-rrc {Lj . 0 ROLL CALL Moved Seconded Ayes Nay Absent Abstain v lff90av Neal I Vobe1da / Weist I -Bilo 7 v Bradshaw \ Otis \. I • • MOTION: {)!_ J Q ./-cc II b • • • • • ... - AGENDA ITEM I It ROLL CALL Moved Seconded Ayes Nay Absent Abstain HlgOay Neal I v Vobe1da I Weist ! Bllo ( {/ Bradshaw \ Otis \ MOTION: I • • • • • • • ... AGEN DA ITEM (3 PRESENTED BY ------- =</ '/c ,, <jJ 1 ?, tl /J'-fi.>U ~~ ,_j ik !),,} J (I r~ ::1- , ROLL CALL Moved Seconded Ayes Nay Absent Abstain Higday NeaT Vobeida / Weist I Biio I <::7 Bradshaw I ........-Oti s \ '\.. MOTION: I . . • • • • .. • .... AGEND A ITEM -----PRESENTED BY -------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain H1ge1ay \ Neal 1 Vobe1da I Wei s t I Bllo I t.-/ Bradshaw 1 Otis l MOTION: "" I • • • • • • • AGENDA ITEM PRESENTED BY ROLL CALL Moved Seconded Ayes Nay Absent Abstain -H.qday Neal Vobe;da ~ Weist Bi lo Bradshaw Otis """1 - MOTION: I . • • • • • • - SIs-s £:, £Jl"')!_,_ Jfl-, ~!I..J.S'" s,_ {: (_. A . • .... . -- 0 I . • PUBLIC HEARING /C • I WISH TO ADDRESS THE CITY COUNCIL NAME ADDRESS TELEPHONE OBSERVER IN FAVOR IN OPPOSITION NO POSITION • • - - ~ - • • • - • Eng lewood School5 ; -.. ~ ', -. (' .. October 29 , 1985 Ms . Dorothy Dalquist City of Englewood 3400 South Elati Englewood , CO 80110 Dear Dorothy : • • • / ·• I I I J .. .,. Here is the list of athletes who qualified for state level competition : CROSS COUNTRY Heath Sutphin 2978 S. Clarkson Englewood , CO 80110 Guy Torres 3045 S . Galapago Englewood , CO 80110 Andrew Hendry 4849 S. Kalamath Englewood , CO 80110 Sean Matthews 3285 S . Penn Englewood, CO 80110 James Alcock 3801 S. Lincoln Englewood, CO 80110 Troy Ferguson 4717 S. Acoma Englewood, CO 80110 Greg Cross 5055 S. Delawar Englewood, CO 80110 Donni Ashlock 3877 S. Del a war Englewood , CO 80110 loa c-he : Randy Penn J ff Kicia <1 ( •t-!. r • ''ti' SOCCER t+ / ~{-~ /':;:t;;;Zi_ Norm Ar c hambault 3902 S. Lincoln Englewood , CO 80110 Howard Carlile ,1~ . '. 301 W. Chenango ~ Englewood , CO 80110 Sung Sun Chang 3965 S. Penn Englewood , CO 80110 Dian Cu stis 3517 S. Marion Englewood , CO 80110 Mike Kerswill 3250 S. Marion Englewood , CO 80110 Sean Matthews 3285 S. Penn Englewood, CO 80110 Troy Schwartzkopf 4616 S. Pearl Englewood , CO 80110 N lson Chow 4600 S . Lipan Englewood, CO 80110 Dar1n Hargadin 374 0 C'. El all Engl<>wood , CO 80110 t -;b:....U,.--r..v_,.,v~.f- I • - • • .: SOCCER MJk e Moore 4 03 5 S . Jn ra Englewood , CO 80110 Sha r,c Vigil 71 0 E. Jeffe r son #3 0 4 Englewood , CO 80110 Rirk Onodera 419 5 S . Cheroke Englewood, CO 8 0 110 Ho ng Yi 3407 S . Logan Englewood, CO 80110 Steve AJ len 1 029 W. Stanford Pl. Englewood , CO 80110 Mark Christensen 4630 S. Delaware Englewood, CO 80110 Shane Hiett 3985 S . Logan Englewood, CO 80110 Dale Igou 3041 S . Pearl Englewood , CO 80110 Pat McGehee 4500 S. Huron Englewood, CO 80110 Tr oy Pillow 3700 S. Fox Englewood, CO 80110 Mi ke Reyno] ds 1021 w. Stanford Pl. Englewood , CO 80110 Del Stark 202 E. Dartmouth Englewood, CO 8 0 110 LN: Jw • • - SOCCER Coa c hes: N iJ Mc Laughlin J erry Gilchrist J e ff Whit e /~~ Larry Nisbet Athletic Director • I • • SPECIAL MEETING: • • • COUNCIL CHAMBERS City of Englewood, Colorado November 25, 1985 The City Council of the City of Englewood, Arapahoe County, Colorado , met in special session on November 25, 1985, at 7:30 p .m. Mayor Otis, presiding, called the meeting to order. The invocation was given by Council Member Higday. The pledge of allegiance was led by Mayor Otis. Mayor Otis asked for roll call. Upon a call of the roll, the following were present: Council Members Higday, Van Dyke, Vobejda, Weist, Bilo, Bradshaw, Otis. The Mayor declared a quorum present. * * • * * * * Also present were: City Manager McCown * * * Assistant City Manager Vargas Assistant City Manager of Economic Development Powers Assistant City Attorney Grimm Deputy City Clerk Owen * * * * Mayor Otis stated the purpose of the meeting was a public hearing to consider The Marks Planned Development. MAYOR PRO TEM BRADSHAW MOVED TO OPEN THE PUBLIC HEARING. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Van Dyke, Vobejda, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Mayor Otis stated the purpose the public hearing was to considered the Marks Planned Development. During the last public • I • • November 25, 1985 Page 2 • • .. hearing there were a number of questions on parking, traffic, South Franklin Street closure, and drainage problems. Assistant City Manager of Economic Development Powers presented information on this matter. Ms. Powers entered into the record certification of posting, the newspaper's publishers affidavit, and letters received since the last hearing (one from the Cherry Creek School District which in summary stated it was their practice that when developments come into their dis trict that generate students, they either require dedication of la nd or payment of a fee in lieu of the dedication.) Ms. Powers stated she has talked to the City Attorney's office about th i s, and it was staff's op ini on that since the City does not have a written agreement with the Cherry Creek School District to impose these kinds of requirements on developers through the PO process or any other process, staf f strong ly encourages the developer to work with the school district. Ms. Powers entered i nto the record three letters from Cherry Hills Village, two from the Deputy City Clerk and one from the City Administrator. Ms. Powers summarized the letters to state the Cherry Hills Village City Council was concerned about the traffic and no1se impact. Ms. Powers stated berms, fences, building materials used, and landscaping would mit i gate the noise. Ms. Powers sta t ed the thi rd set of letters was from the State of Colorado Department of Highways. She entered them into the record and stated these would be discussed later. Ms. Powers read the follow ing letter into the record: ------------------------------------------------------------------------ November 25, 1985 The Residents of the Waterford Project c j o Pearle Rae Kortz 1900 East Girard Avenue -Jl003 Englewood, Colorado 80110 RE: The Marks Project Englewood , Colorado Dear Residents : It is our desire that this letter confirm ou r discussions of November 21 regarding certain additional modificati ons and compromises to our development plan. • • I • • Jovem b er 25, 1985 Page 3 • • - 1 . We will commence d e velopmen t of the pro j ect at the west end of the site and continue develop i ng from the west end to the east end of t h e s i t e ; 2. The building directly north of the Waterford Recreation Center will be moved as far west as possible on the site, as shown on the site plan attached hereto and made a part hereof (the "Site Plan"); 3 . The building directly west of the Waterford site will be cut to one-ha l f of i ts size, as shown on t he Si t e Plan; 4. At any time within six mon t hs from the date of this letter, we will e li minate t he "one-half" bui l d i ng referred to immediately above u pon p a ymen t of $1 50,000. The parties understand that the property is sub j ect to i ndustrial development bond financing and tha t the consent of the lender and other parties involved would have to be obt a ined i n the eve n t that th i s opt i on i s exerc i sed; 5. A covenant will be place on the site limit i ng developmen t on what is commonly referred to as the east par c el to the 3 1 /2 bu i ldings wh i ch we have agreed to, which buildings will be located only wi t h i n the bu i lding envelope shown on the Site Plan; 6. We will part i c i pa te with the Waterford, o n a n equal cos t b a sis, i n cons t ruct i ng a fence no higher t h an seven fee t l ocated along the so uthe r n bound a r y of our prope rty, as ind i c ated i n green on the S ite P la n, which fence will consist o f ced a r f e n ci ng wi th br i ck pillars a t ap prox i matel y 3 0 t o 40 foot i nter v als; 7 . We wi ll construct, a t o u r sole cost and expense, a f ence n o higher than s ev e n f e e t located alo ng th e ea s te rn bound ar y of our s ite , as indicated in red on the S ite P lan , which fenc e wil l c on si s t of c ed ar fencing with b rick pillars at a p proximtely 30 to 40 f o ot inter vals ; and 8 . The p lans and specifications for the above described fences and landscaping will be reasonably acceptable to the residents of the Waterford; q• The Marks Project will be constructed accord i ng to the plans and specifications submitted to the City of Englewood, amended only by the provisions contained in this letter; and 10. Between this dat e and nine months from the date hereof , we agree t o negotiate in good faith with the Waterford Homeowner's Group or their designated r epresentatives for the purchase of the entire east parcel, acknowledging that if a contract is entered into , such nine-mon t h p e riod does not include the cont i ngency period of the contract . In the event that negotiations are entered into , we will s h ow you all costs and expenses of acquiri n g, holding , and developing the e n tire Mark s Project , • • I • • • November 25, 1985 Page 4 • • • and will make available to you the east parcel at a price equal to the pro rata share of such costs and expenses. The parties understand that the property is presently sub ject to industrial development fund financing and that the property will have to be released from such financing in the event that w~ enter into a contract as described above. In consideration of the foregoing, the Waterford Homeowner's Group agrees to send a representative to the City Council meeting to be held on November 25, 1985 , and to state that the Waterford has negotiated a settlement of its differences with the Chasewood Company and will not oppose the project. Sincerely, /s/ Richard 0. Campbell President -------------------------------------------------------------------------------------- Ms. Powers introduced Rick Kahm of the Engineering Services Department to discuss drainage. Rick Kahm stated the entire site was proposed for development in 1972 by the Larwin Corporation. The original site was bounded by Floyd, Lafayette, Hampden , and Kent Village on the east with the back of houses hat face Race Street. The overall development consisted of 57 .5 acres. As part of the original proposal the Larwin Corporation retained SMN consul ing engineers to do a drainage analysis and drainage plan for the projec • As part of that project Larwin dedicated to the City an area known today as Romans Park. Mr. Kahm stated he did the original design on Romans Park and in order to do that he had to work closely with the Larwin drainage plan. A the time the plan was done Larwin intended to develop the entir~ site. Larwin was restricted in terms of what the amount could be released into the storm sewer on Floyd Avenue. At that time it was determined to be 60 cfs . Larwin showed in their original design to discharge 49 cfs at Floyd and Lafayette the area discharging directly into the storm sewer (Kimberly Woods). The remaining area was to be taken to Romans Parks and was to be designed as a detention facility. Floyd Avenue was restricted to a release rate of 11 cfs. All he proposed development since 1972 has been required to conform with the original drainage report. As the Waterford developed along the east side they were also required to provide onsite detention and to conform with the study. The Marks is to start out with the westerly portion of the property. Originally Kimberly Woods consisted of 6.93 acres in the Larwin plan. In this particular study, 3.68 acres will continue to discharge directly into the storm sewer at Lafayette and Floyd. The remaining acreage approximately 3 .2 acres will be diverted into the center of the Marks property. Originally, the easterly portion in the Larwin plan 7.6 acres was intended to be discharged overland through Kimberly Village. In the Marks study all will be diverted but 1.9 acres • I • • • November 25, 1985 Page 5 • • .. to the west and into the central portion of the Marks plan. With the Marks study 95.3 cfs is discharging into Romans Park as opposed to 149 cfs under the Larwin plan which holds back approximately 35% of the flow. There will be three detention ponds in the Marks area. Ms. Powers stated there were specific questions about the KKBNA report and the methodology and criteria used in preparation of the report. The second question concerned extension of South Franklin Street through the project. Ms. Powers stated there was a 60-inch line belonging to the Denver Water Board underneath the street and an easement that was recorded in 1928 controlling any development on top of it. There were also restrictions in the original Larwin subdivision waiver that stated any access onto Floyd was specifically prohibited except for emergency exits. Ms. Powers stated they have discussed this with the developer and asked if they would consider some additional type of contract or written documents between Chasewood and the City specifying that no access would be granted onto Floyd unless it was permitted by the City Council. Ms. Powers stated the third item of concern was the traffic problem at Girard and Lafayette. Ms. Powers stated staff has looked at the possibility of traffic lights, four-way stop, and parking restrictions. Ms. Powers entered into the record a letter dated November 4, 1985 from the State Highway Department offering suggestions decongesting traffic along Hampden, mitigating noise, providing for a double left lane from Gilpin coming south out of Gilpin onto Hampden Avenue. Ms. Powers discussed the impact on Kimberly Wood and Kimberly Village parking. Ms. Powers stated staff recommended both sides be restricted from parking and both s i des be fire lanes because the sides are not s ide enough to access both sides to accomodate competing traffic. Ms. Powers discussed the impace of the development on Romans Park and stated it was dedicated by the original developers of the KLZ site and was designed to serve the entire development not just Kimberly Woods and Kimberly Village. Joe Plizga, Traffic Engineer for the C ity of Englewood, came forward. Under testimony, Mr. Pl izga commented on the State Highway's letter re: accel and decel lanes. Mr. Pl izga stated based on the projected volume s he did not feel any change to the acceleration lane needed to be provided at this time. He suggested that the developer make a statement that if at some time in the future it was deemed necessary then they would provide costs to make the necessary changes. Concerning the double-left lane coming out onto the south leg of the intersection of Gilpin which wou ld be the Cherry Hills was unnecessary. Mr. Pl izga • ) I • • • November 25, 1985 Page 6 • • .. stated he could change the cycle length to provide variable cycles during various times of the day to solve the traffic problem even further. Council Member Van Dyke asked if a third party opinion was necessary. Mr. Plizga stated KKBNA agreed with his recommendation. Dick Campbell, 1120 Lincoln, Denver, president of the Chasewood Company, came forward. Mr. Campbell introduced Bob Hamilton, KKBNA, who conducted the traffic studies within the area. Mr. Campbell stated he would be glad to participate in whatever the City and State worked out regarding acces onto Gilpin and acceleration onto Hampden Avenue. Bob Hamilton, KKBNA Consulting Engineers, 4251 Kipling, WheatRidge, came forward and explained the methods and techniques that they used in conducting traffic study for the Chasewood people. Mr. Hamilton stated the study was a collection of data from traffic counts (automatic and manual) at all of the location of entrances to the site. The counts were taken at certain times of the day. Mr. Hamilton stated ~ he supported Mr. Plizga on his position of the double-left turn lanes and speed change lanes. Mr. Hamilton stated the extension of the acceleration lane was not the thing to do, and the double-left turns were not warranted from a volume consideration. Mr. Hamilton stated a clarification of percent of traffic using the Girard and Lafayette intersection should be adjusted downward to 48%. Mr. Hamilton stated using the projected total traffic for that intersection at build out, the service level should be "C" which by standards of the ITE manual were good. In response to Council Member Van Dyke's question, Mr. Hamilton stated they did not perform an in-depth study of the traffic around Charles Hay School. Mr. Campbell agreed to talk with the Cherry Creek School District. He stated there were no plans to extend the USP. of South Franklin Street . Mr. Campbell s ated the site plan has changed due to negotiations with the Waterford people and final landscaping and fencing will be worked out when the time arrived. Mayor Otis asked for comments from the audience. Edward D. Payne, 5090 South Washington, came forward. Mr. Payne stated he would be moving into the Waterford. Mr. Payne stated the apartments were pleasing to the eye and he thought Kimberly Village, the Marks, and the Waterford could live in harmony • • I • November 25, 1985 Page 7 • • .. Sidney Parr, 3~29 South Franklin, came forward. Mr. Parr expressed disappointment that the Chasewood Company did not contact him about this project and that it appeared they contacted the Waterford residents only. Mr. Parr contended there would be an increase in traffic, he asked how renters could add s tability to the community, and how rental units could be compatible with the concept of single-family residents. Mr. Parr submitted pictures of the parking problems in the area . Chris Weir, 3170 South Race, came forward. Mr. Weir stated he lived near Romans Park. Mr. Weir stated he had noticed an increase of traffic between Dartmouth and Floyd, specifically at the east end of Romans Park. This area was being used more and more to avoid waiting at traffic lights at University and Hampden. Mr. Weir stated there were 17 children in the neighborhood under 15 years of age. Mr. Weir stated with new apartments comes the increase of traffic. Mr. Weir stated he managed apartments and noted he always saw moving vans in the neighborhood, he never knew any fellow apartment dwellers, and never felt an obligation to improve the apartment. Mr. Weir asked Council to disapprove the development. Kirk McCombs, 1401 East Girard, manager of Kimberly Woods apartments , came forward. Mr. McCombs introduced Mr. McDermott as a representative of the management firm for the apartments. Arthur McDermott st ated they operated the Kimberly Woods even though they did not own it . Mr. McDermott stated they were in the process of residing Kimber l y Woods which would start in the next 30 days and would take 9 months. Mr. McDermott stated the no parking along Girard created a handic ap for his proejct because that eliminate parking in fron of the club house and prospect ive renters would have no place to park. Mr. McDermott fa vo red widening the street. Mr. McDermott asked for provisions to keep the existing area s from b eing ser iously hurt by this new project. Luis T. Romero, 3220 So . Humboldt , came forward. Mr. Romero stated the area was already satura ed wi h people and apartments , and he wan ed to see the project disapproved. Gary Rob in son, 3290 South Gilpin, came forward. Mr. Rob inson stated he had problems with the people in the park. He stated he eventually installed a pri vac y fence . Mr. Robinson statde the apartments would worsen the pro blem . Kevin Sug ino , 3271 So. Humboldt , came forward . Mr. Sugino opposed the project on the basis that it would lower property value, and increase crime , traffic and pol ice enforcement cos s. I • November 25, 1985 Page 8 • • .. William M. Hebb, 3251 South LaFayette, came forward. Mr. Hebb opposed the project on the basis that it would increase traffic in the area of the school and would discourage prospective home buyers. Jerry Kennedy, 3225 South Race, came forward . Mr . Kennedy opposed the project because property ownership was important and this was not so for renters. There was a place for rental property but not at this location . Mr. Kennedy opposed the the method of financing for this project and requested that Council ask the developer if financing was eliminated would they still go forward with it. Mr. Kennedy asked Council to disapprove the project and wait to see what Congress does with industrial development bond financing. Jon Binder, 2009 East Floyd Place, came forward. Mr. Binder opposed the project based on the traffic problems that would exist while children are catching buses. Mr. Binder expressed concern about the possibility of South Franklin Street being extended. Norm Kerswell, 3250 So Marion, came forward. Mr. Kerswell reported the road condition through the apartments and park along Girard was in poor shape. Ms. Powers asked Harold Stitt of the Planning Division to explain the improvements proposed for the Hampden and University intersection. Harold Stitt, 7000 West 24th, Lakewood, reported two weeks ago he attended a meeting held by the State Highway Department that was called to review a set of plans for proposed improvements to the intersection of US 285 and South University. One improvement was to extend the left turn pocket off of South University onto Hampden Avenue going east. Mr. Campbell came forward and rebutted earlier remarks. Mr. Campbell stated they did talk to some of the homeowners north of the site and many were concerned over the extension of South Franklin. Concerning the traffic problems, some can not be attributed to the proposed site (South University and Hampden Avenue intersection). Mr. Campbell stated maybe C-470 would provide some relief. Mr. Campbell claimed the development met or exceeded the requirements of the City . It was compatible with the zoning requirements and requested favorable enactment . There were no further comments. MAYOR PRO TEM BRADSHAW MOVED TO CLOSE THE PUBLIC HEARING. Council Member Vobejda seconded the motion. Upon a call of the ro ll , the vote resulted as follows: I • • - • • • - November 25, 1985 Page 9 Ayes: Nays: Council Members Higday, Van Dyke, Vobejda, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried • • • • • • • • MAYOR PRO TEM BRADSHAW MOVED TO RECONSIDER THE MARKS PLANNED DEVELOPMENT BASED ON THE NEW EVIDENCE AND ANSWERS TO THE QUESTIONS FROM THE LAST PUBLIC HEARING. Council Member Van Dyke seconded the motion. Council Member Higday stated he originally was opposed to the development but had changed his mind, and he now was in favor of it. Mr. Higday stated he appreciated the audience's comments, but they were not sufficient in his mind. Mr. Higday stated the development would cause traffic problems but this was not unusal to the metro area. Since it was zoned R-3, the Chasewood Company was the best company to develop the project. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Van Dyke, Vobejda, Weist, Bilo, Bradshaw, Otis. Nays: None . The Mayor declared the motion carried . • • • • • • • MAYOR PRO TEM BRADSHAW MOVED TO APPROVE THE MARKS PLANNED DEVELOPMENT BASED ON THE FOLLOWING: 1. ?.. 3. 4. 5 . A fireflow delivery rate of 4,000 gpm at 20 psi residual main pressure be made available at the site. The dedication statement on the plat be reworded to eliminate reference to streets, alleys, and rights-of-way. A drainage plan be approved by the Department of Engineering Services. An OPTICOM emergency vehicle traffic control device be installed at South Gilpin Street and u.s. 285. Fire lanes be designated and meet the requirements of the Fire Department • I • • • • • November 25, 1985 Page 10 6. Parking is to be prohibited on Girard unless the street is widened as required by the Engineering and Fire Departments. 7 . Fire hydrants be located as required by the Fire Department . 8 . An amenities/recreation package must be specified and included in the Plan. 9. The tot lot is to be relocated to the west of South Franklin Street extended. 10 . Legal descriptions for all water and sewer easements must be approved. Water and sewer easements are to be labeled as such and not as utility easements. 11. The Mountain Bell easement language is to be included on the Plat. 12. All ancillary service uses and subsequent changes in use are to be approved by the Director of Community Development. Uses such as, but not limited to, barber shops, beauty shopes, gift shops, coffee shops and dining facilities may be permitted as ancillary servicesnfor the convenience of persons living in the development. ~Sales tax license will be issued for construction of the ancillary services building until a list of the specific uses or businesses has been submitted, and those uses are approved by the Directoer of Community Development. Any subsequent changes in the approved businesses shall be submitted to the Director of Community Develpment for approval. 13 . A traffic study shall be prepared and submitted by the applicant for review and approval by the City and State Department of Higways. 14. Public service will require easements , and the easement records in Book 3663, Page 142 must be shown on the plan. 15 . Facilities are to be provided for the safe and orderly flow of pedestrians and handicapped persons either within the development or adjacent of the roadway. The roadway is not to be used for pedestrian travel. • I • • - • November 25, 1985 Page 11 • • • 16. The roadway system within the development will remain a private roadway. All maintenance, including but not limited to street repairs, curb, gutter and sidewalks, signing, crosswalk painting, drainage, snow removal, sanding and street sweeping, must be born by the property owner. 17. Within a five-year period from the date the Planned Development is approved, the developer will pay their prorated share of the cost of installing a traffic signal at the intersection of East Girard Avenue and South Lafayette Street if the City Traffic Engineer establishes that the intersection warrants a single. 18. Any changes to u.s. 285 adjacent to the development must conform to the Highway access code. 19. The site distance analysis recommendation of the KKBNA traffic study (Octiber, 1985) must be incorporated into the site plan. 20. The developer is encouraged to negotiate with t he Cherry Creek School District regarding their letter of November 19, 1985. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Van Dyke, Vobejda, Weist, Bilo, Bradshaw, Otis. tlone. The Mayor declared the motion carried. * * * * * * * There being no further business, COU NCIL MEMBER HIGDAY MOVED TO ADJOURN. Mayor Otis adjourned the meeting at 9:35 p.m. • I • • ( • • • • ENGLEWOOD URB~N R!NEW~L ~UTHORITY October 30 1 1985 Special Heeting I. C~LL TO QRDEftL 9 The Special Heeting of the Englewood Urban Renewa l ~uthority vas called to order at 5:3t P. H. by Chairman Robert Voth. Hembers present: Hembers absent: ~lso present: II . BOND tRUSTEE . Totton, Voth, Keena, Hcintyre , Hinnick, VanDyke Susan Powers, Executive Director Cole ~ssistant Director Hinson Steve Bell, E. F. Hutton Judy HcBride , Hanifen Imhoff Hr . Bell presented an analysis of the proposals submitted by Central Bank of Denver and Denver National Bank r egarding trustee services for the upcoming ~uthority bond issue. Such services include escrow agent, registration/transfer agent and basic trustee functions . Hr. Bell summarized his comparison of the two proposals by stating that Central Bank had higher front-end costs to the ~uthority, but over the life of the bonds , the cost vas less than that proposed by Denver National. Hr . Bell added that if the bonds were held a short time and refunded , Denver National's proposal would be cheaper because the front-end costs would be reincurred at the time of refunding . Hr . Bell noted that, because of the potential changes in federa l tax laws, once the bonds are issued, they would probably be outstanding until they matured. The ~uthority agreed to consider th e proposals and take action at the next ~uthority meet i ng . III. BUYER 'S CLUB CONTRACT. Director Powers indicated that she voud like to update the ~ut hority on the latest developments in the conf identi al negotiation s with Ken Bagus of Buyer 's Club . • I • • - ( • • • • -3 - e) The ~uthority will delaya soae acquisition of the property required for the project, some of the public improve•ents, and the schedule for completion until 38's performance is evaluated. ~YESa Totton, Voth, "innick, Keena, VanDyke M~YS : alone ABSEIWTa Cole ~BSTAIMa "clntyre "r . "cintyre abstained fro• the above vote due to potential business conflicts. The •eeting adjourned at 6:42 P. "· Wm. Richard Hinson Assistant Director • I • • • • - -2 - Minnick moved: VanDyke seconded: The Urban Renewal ~uthority go into Executive Session . ~YES: Totton, Voth, Minnick, VanDyke, Mcintyre , Keena N~YS: None ~BSENT: Cole ~BST~UI: None The motion carried. ********** Totton moved: Minnick seconded: The ~uthority come out of Exe cutive Session. ~YES: Totton, Voth 1 Minnick, VanDyke, Mcintyre, Keena N~YS: None ~BSENT: Cole ~BST~IN: None The motion carried . Totton moved: Minnick seconded: The following actions are authorized for Director Powers in her negot1ations with Ken Dagus on the Buyer 's Club co ntr act: a) The contract will not limit 38's l1ability for construction and operati on of the Buyer's Club. bl Liquidated damages on the balance of the retail to be built on the site will be limited to $300 1 000 until the prope rty is deeded to 38 for the balance of the retail . ~ lease with a tenant must be signed by that date. If 38 defaults on this provision , the ~ut hority may sell the property upon whic h the balance of the retail was to be located to some ot her developer . c) ~ full letter of credit 1s required for both phases (Buyer's Club and oth er retail !, and a reduct1on in the outstand1ng letter of credit is not allowed until the property is sold to 38 . d) Monthly progress reports are to be required from Mr . Bagus . • I • • • • • • -3 - e) The Authority will delay1 some acquisition of the property required for the project, so•e of the public improvements, and the schedule for completion until 38's performance is evaluated. AYES• Totton, Voth, "innict, Keena, VanDyke MAYS: alone ABSEIII'l'a Cole ABSTAIMt "clntyre "r . "clntyre abstained fro• the above vote due to potential business conflicts. The •eeting adjourned at 6st2 P. "· w.. Richard Hinson Assistant Director • I • • • • .. - ENGLEWOOD URB~N RENEW~L ~UTHORITY November 6 1 1985 I . caLL TO OBDER. 9 4 The regular meeting of the Englewood Urban Renewa l ~uthority was called to order at 5:'5 P. H. Members present: Voth, Cole, Mcintyre, Minnick, Totton, VanDyke, Keena Powers, Executive Director Members absent: None ~lao present: ~ssistant Director wm. R. Hins o n II. aPPBQVaL OF MINUTES. ~uguat 29 1 1985 October 2 1 1985 Ma. Betty Keena asked why Bob Mcintyre had abstained because it was not noted in the recorda, though the By-Laws did state that this should be done. Hr. Mcintyre informed the members that Legal Counsel Paul Benedetti stated that he should state why he was abstaining at the time the vote was taken. Bob Mcintyre indicated that he abstained due to business conflicts. Minnick moved: The motion was seconded . ~YES: N~YS I ~BSENT : ~BST~IN: T he motion carried . The Minutes of ~ugust 29 1 1985 be approved and October 2 1 1985 be amended to reflect Bob Mcintyre 's reason for abstaining on the vote on October 2, 1985 regarding Buyer's Club . Voth, Cole, Mcintyre , Mi nnick, Totton, VanDyke None None Keena Hs . Keena abstained because she was not pres ent at the mee ting s f or which the minutes were considered. • I • • • • • - -2- III. RELOCATION PhYHINT. Donovans Cafe-Deli Totton moved• Van Dyke seconded• AYES: NAYS: ABSENT: ABSTAIN: The motion carried. The Urban Renewal Authority approve relocation payment for Donovan 's De li in the amount of $11 1 509 .55; payment of $1,250 shall be tabled pending provision of additional information . Cole, Mcint y re, Minnick , Totton, VanDyke, Keena None None Voth Mr.Voth stated that he absta ined from voting on this matter because of a business relationship with Donovan 's Deli. IV. RELOCATION PaYMENT. Western Trading Co. VanDyke moved• Mcintyr e seconded • AYES: NAYS: ABSENT: ABSTAIN• The motion carried. V . RELOChTION PAYMENT . The Urban Renewal Aut hority approve payment of $5 1 259.70 to Western Trading Comp any as their f inal payment for relocati on clai•s. Mcintyre, Minn ick , Tott on, VanDyke, Voth 1 Cole, Keena None None None Western Office Ma chine Co. Cole moved: Keena seconded • AYE S: NJI.YS t ABSENT • ABSTAIN : The mo tio n carried . The Urban Renewal Auth or 1ty approve payment of the relocat ion cl aim of Wester n Office Machi ne Company in the sum of $9 1 485 .19 1 pending further documentation of Item #1 3 . Minnick, Totton VanDyk e, Col e, Mcinty r e, Keena None None Voth • I • • ,., • • • • -3- Hr . Voth stated that he abstained because of a business relationship with Western Office Hachine Comany. VI. BELOC!TION P!YHENT. Bank Western Totton moved: Minnick seconded: ~YES: N~YS: ~BSENT: ~BST~IN: The motion carried. The Urban Renewal ~uthority approve payment of $10 1 068.36 to Bank Western for their relocation expenses. Totton, VanDyke, Voth, Cole, Hclntyre, Minnick, Keena None None None VII. BESOLUTION 123, SIRlES OF 1985. Totton moved: Cole seconded: ~YES: N~YS: ~BSENT: ~BST~UI• The motion carried. The Urban Renewal ~uthority approve Resolution 123 1 Series of 1985 1 ~ RESOLUTION ~DOPTING THE ENGLEWOOD URB~N RENEW~L ~UTHORITY'S 1986 BUDGET. VanDyke, Voth, Cole, Mcintyre, Minnick, Totton, Keena None None None VIII. TRUSTEE OF BONp ISSUE. Minnick moved: Keena seconded: ~YES: Nlt.YS I ~BSENT: ~BST~IN: The motion carried. The Urban Renewal ~uthor ity designates Central Bank as the trustee of the IDB 's being issued for Buyer's Club. Keena, Voth, Cole, Hin nick, Totton, VanDyke None None Hclntyre Hr . Mcintyre stated that he was abstaining due to business conflicts . • I • • • • • .. -4- IX. CHRISTMAS TREE LOT. 3601 South Logan Street Totton moveds Cole aecondeds ~YES: N~YS : ~BSENT: ~BST~IN: The motion carried. X . RTD BUS SHELTER . Mcintyre movedr VanDyke secondeds ~YES: N~YS: ~BSENTs ~BST~IN : T he motion carried. The Urban Renewal ~uthor1ty accept the proposal from ~tkin Sprinkler Company for $2 1 100 rental and a $100 deposit for use of the lot at 3601 South Logan Street as a Christma s Tree sales lot from November 15 to December 31 1 1985 . Voth, Cole Mci n t y re, Minnick, Totton, VanDyke, Keena None None None The Urban Renewal ~uthor ity accept the RTD bus passenger shelter agreement as presented . Cole, Mcintyre, Minnick, Totton, VanDyke, Keena, Voth None None None XI . RELOCATIOW MISCELLANEOUS. Hr. Hinson in formed the ~uthor ity that he had infor med all bu sinesses locat ed on the east aide of the old King Sooper 's building of the eligibility for relocation benef its and the proc ess required to apply fo r them. He als o mention ed that a Notice fo Vacate had been served on Cinde re lla City Shoe Clin1c for failure to pay rent to the ~uthority for September, October, and November. Hr . Hinson added th at even though the o wne r of the Shoe Clinic, Hr . Tony Garcia , was de li nquent on rent, staff had been advised by legal counsel that his rent status sh o uld not be a factor in the ~uthority 's consider ation of any requ est for relocation benefits. XII . MISCELL~NE OUS. Staff was directed t o check on t he feasibility o f renting the Southwes t corner of ~co ma/Broadway as a second Christmas Tree sales lot . • I • • • X II I . APJOURN. Cole moved: Mcintyre seconded: AYES: NAYS: ABSENT: ABSTAIN: • • • -5- The meeting be adjourned. Mcintyre, Minnick, Totton, VanDyke, Keena, Voth, Cole None None None The motion carried; the meeting adjourned at 8:20 P.H. Charlotte H. Pritchard Recording Secretary • I • • - • • • • ENGLEWOOD HOUSING AUTHORI TY BOARD OF COMMISSIONERS Regular Meeting October 30 , 1985 9 I. Call to Order The Regular Meeting of the Englewood Housing Authority was called to order at 6:20p.m., Octob er 30, 1985, at Sim on Center , 3333 South Lincoln Street, Englewood, Colorado, 80110. II. Roll Call Members Presen t: Members Absent: A 1 so Present: Thomas J. Burns, Chairman Elizabeth R. Beier , Vice Chairman alerie Lash , Commi ssioner Norleen Palmer, Commissioner Beverly J. Brad shaw, Commiss ione r Alan M. Feinstein, Executive Dire ctor Wilma Reinhart, Accountant , EHA Mary Ryan, Secre tary, EHA f4r. Thomas J. Synnott, Principal Alternativ e Hi gh School I I I. Reading and Approva 1 of f4i nutes from September 25, 1985 Cha irman Burns requested that the wording on Resolution F, t4inutes of September 25, 1985, be changed to read, "Va 1 erie Lash mo ed to make FY84 CDBG funds for rehab grant and loan progra m available to other elig1ble applicants residing within the City of Engl ewood." MOTION VALERIE LASH MOVED THAT THE MINUTES OF THE REGULAR MEETING OF THE ENGLEWOOD HOUS IN G AUTHORITY BOARD OF C0Mt1ISSIONERS HELD ON SEPTEMBE R 25, 198 5 , BE APPROVED AS AMENDED. Ayes: t ays: Absent: I . Burns , Beier, Las h , Palmer None Bra dshaw The Chairman declare d the motion carried. Visitors Mr. Thomas J. Synnott, Principal of the Altern ative High School briefly ga ve background information on his previous experience working with voca- tion al school projects. Mr. Synnott then address ed concerns of the Board regardi ng th e use of students from the Alternativ e High School carpentry and masonery classes possibly providing fr ee labor to accompl1 s demo- lltion work f or the Englewood Housing Auth ority . • I • • - • • • - ENGLEWO OD HOUSING AUTHORITY HOARD Of COMMISSIONERS MEETIN G OCT OBER 30 , 1985 PAGE TWO V. Director's Report Inspec tion of 104 units at Simon Center was que s t ioned by Co mmissioner Beie r. Thi s total was verified by the Executive Directo r as th e number of uni t s actually inspected at Simon Center during the mont h of Septemb er , 1985. Co mmi s s ioner Palmer question ed Loan No. 92 bein g 13 mon t hs deli nquent. Sufficient equity on the loan to enable the EHA t o f orec los e was di sc ussed . Collection of past du e amou nts, polici es and proce dures were also di sc us sed. It was reported that the water-proofing paint had bee n applie d , r epa irs t o t he para pets were completed, and the air condit ioning uni ts had been 1ns ta lled a t Or cha rd Place. VI. Discussion Items, Motions and Resolutions A. Res olution to Approve FY'86 Publi c Hou si ng Operating Bud get MOTION VALERIE LASH MOVED TO APPROVE RESOLUTION NO. 11, SERI ES OF 1985, PUB LIC HOUSING PROJECT NO. C048-2 , C048-3 OPERATING BUDGET FOR FISCAL YEAR END ING DECEMB ER 31, 1986. ELI ZABE TH R. BEIER SECONDED THE MOTION . Ayes: Nays: Absent: Burn s , Beier, Lash , Palmer No ne Brads haw The Chairman declared the mot ion carried. B. Motion to Approve FY'86 Simon Center Opera ting Budge t VALERIE LASH MOVED TO APPROVE THE FY'86 SIMON CENTER OP ERATl G BUDGE T. ORLEE PALMER SECONDED THE MO TION. Ayes: Nays: Absent: Bur ns , Beier, Lash, Pa lmer Non e r radshaw He Chairman declared the motion carried. C. Motio n to Approve FY'86 Section 8 Existing Operating Budget MO TION ALERIE LASH MOVED TO APPROVE THE FY '86 SECTION 8 EX I STI NG OPERATING BUDGET AS AM tOED TO I CLUDE THE CO ST OF COMPUTER EQUIPMENT AS SET FORTH AT THE ENGLEWOOD HOUSING AUTHORITY GOARD Of COMMISS ION ERS MEETING HE LD OCT OBE R 30 , 198 5. ELIZABETH R. BEIER SECOIDED THE MOTION. Ayes: Burns, Beier, Lash, Palmer r.aJ s 0 ;one Absent: Brddshaw 'Tr,c Chninnan declared the motion earned. _,_ • I • • • • • ENGLEWOOD HOUSING AUTHORITY BOA RD OF COMMISSIONERS MEETIN G OCTOBE R 30 , 1985 PAGE THREE D. Update on Rehab Loan No . 106 The Executive Dire c tor was directed to continu e monito r ing the status of this loan . Discu s si on ensued reg arding a le t te r f rom Rick DeW i t t, Attorney at Law, conc erning the var ious options av ai l able to the Englewood Housin g Aut hor ity with re spect to this loan. E. Motion to Approve Revised FY'85 Se c t i on 8 Ex i s t in g Op era t ing Budget for 28 Additio nal Units. Discussion ensued regarding cost of insuranc e for the vehicle t o be purchased for offi c ial use by the Section 8 Existing manage r (s) up on approval of the FY'85 budget for Section 8 Existing . MOTION VALERIE LASH MOVED TO RATIFY THE TELEPHONE POLL CO NDUCTED TO AP PROVE THE REVISED FY'8 ' SECTION 8 EXISTING OPERATING BUD GE T FOR 28 ADDITIO NAL UNITS . ELIZABETH R. BEIER SECONDED THE MOTION. Ayes : Nays: Absent : Burns, Beier, Lash, Palmer None Bradshaw The Chairman declar ed th e moti on ca rr i ed. F. Request to Wr1t e Off Rehab Loa n o . 98 Discussion en s ued reg ardin g th e amount of the fi r st mortgage on this property, the dolla r amount of reh ab wor done t o this property by the Englewo od Housing Aut hori ty, a d the current staff estimate of worth on thi s property. ~ VALERIE LASH MOVED TO APPROVE THE WRITE OFF OF REHAB LOAN NO. 98. NORLEEN PALMER SECONDED THE MOTIO N. Ayes: tays: Absent: Burns, Beier , Lash, Palmer one Bradshaw The Chairman declared the motion carried. G. Moti on to Approve Pet Policx Disc ussion ensued regarding suggested changes to the Englewood Housing Autho r 1ty Pet Policy . I • • • • • • ENGLE WOOD HOUSING AUTHOR ITY BO ARD OF COMMISS ION ERS MEE TING OCTOBER 30, 1985 PAGE FOUR MOTIOJ! NORLEE PALMER MOVE D TO APPR OVE THE PET PO LI CY WITH THE UNDERSTAtiOING THAT THE EXECUTIVE DIRECTOR WIL L INITIATE TH E CHAN GES WITHI N THE PET POLICY WHICH WILL DIFFERENTIATE BET WEEN THOSE THINGS WHICH EED TO BE DONE I At4i:DIATELY UPO OVE-IN DR PET ACQUISITIOI AND THOSE TH I NGS WHICH NEED TO BE DONE WITHIN SIXTY DAYS. VALERIE LASH SECON DED THE MO TIO . Ayes: Nays: Absent: Bur ns , Be ier, La s h , Palm er one Bradsha 1 The Chairma n dec la r ed the moti on car ried. H. Upda e on Rehab Loan Progra m --Lette r f r o, Bernick & Moc h, Attorneys a Law . Discussion ensued regarding procedures wine mu~t be followed if the Engle wood Hous i ng Authority is to cont i nue with its Rehab Loan Program, i.e . proce ed th rough City Council, get a resolution designating that portion of an y future mortgage revenue bonds o the rehab loan program. Any futu re issue of mor t gage revenue bonds ~li ll be reduced by the a11ount of t he rehab loan pro gram, i f appro ved by C1ty Counc1l. The need to revise the EHA's rehab locn program to cor ply wi n current regulations was discussed. The Executive Director was d1rected to loo· into what procedural steps must be followed in order to ensure the EHA receiving funds in the fut ure for its Rehab Lo an Program. I. HUD Bienn1al Management Rev1ew of Section 8 Ex./ Public Housin9 The Exec uti ve Director reported on nu me rous find ngs in Pu~l1c Hous1ng, many o whic had been correc ed already. The Executive Director reported that he had already met with the Public Hous1nq Manager concerning those findings which had not as yet been corrected and ant1c1pated thdt those findings would be corrected within he 45-day per1od allowed. Discussion ensued r egarding s veral of the recommendations o the B1ennial Management Review. J FY'84 Audit Re crt ft·o ~l i ~~& D1 on A brief discussion rcgar 1ng th FY'84 aud1t ensued. Cop1es ot t ~ FY'84 Audit Report will be ma1l d to th Co~n1ss;orer as soon as th} r received from Oppenhe1m, Appel and Dixon. VI I. Financ:_1a 1 Report ThP Financial Repo r t for the month ending Septemb r 30, 1985, for the Er g1cwood Housing Author1ty was pr£>sented with no dio;cussior. -4- • I • • • • • - ENGLEWOOD HOUSING AUTHORITY BOARD or COMtt,JSSIONERS MEETING OCTOBER 30, 1985 PAGE FIVE VIII. Consent Agenda Information regarding housing programs and needs in the City of Englewood was presented to the Commissioners. Goals and needs of the housing rehabilitation program for 1986 were pre-sented to the commissioners. A s ummary of the Englewood Housing Authority insurance co ve r age wa s pre-sented to th e Commission ers . The Commissioners were presented with a copy of the ne wspape r articl e which appeared in the Denv er Post Sunday Real Estate Section on 9/29/85 advertis- ing the Englewood Housing Authority ARRP Units. Discuss ion en sued regarding the current status of the sale of ARRP units. Further discussion concerned th e discounting of points as a further incentive to prosp ectiv e buyers of the ARRP units. ~ VALERIE LA SH MOVED TO AU THORIZE TH E EXECUTIVE DIRECTOR TO OFFER A FIXED-RATE FOR DISCOUNT POINTS AT 2% ON THE REMAINING ARRP UNITS. NORLE EN PALMER SECONDED THE MOTION. Ayes: Burns , Beier, Lash, Palmer None Nays: Ab sent: Bradshaw The Chairman declared the motion carried. IX. General Discussion A. Commissioners' Choice It was established that the November/December Meeting of the Englewood Housing Author ity Board of Commissioners would be held on Decenber 4, 1985, at Simon Center. B. Directo r's Choice Discussion ensued regarding a $50,000,000 bond allocation to bu1ld wo, 100-unit highrises for the elderly on the old King Soopers s1t~ . X. Adjournment VALERIE LASH MOVED TO ADJOURN THE REGULAR MEETING OF THE ENGLEWOOD HOUSING AUTHORITY BOARD OF COM~ISSIONERS HELD OCTOBER 30, 1985. NORLEEN PALMER SECONDED THE MOTJO • Ayes: Nays: Burn~, Beier, Lash, Palmer None . Absent: Bradshaw lhP Chairman declared the motion carried. -!..- • • I • • • • ENGLEWOOD HOUSING AUTHORITY BOAR D Of COMMISSIONERS MEETING OCTOBE R 30, 1985 • • • PAGE SIX Th e Regular Meeting of the Englewood Housing Authori ty Board of Commissioners held on October 30, 1985, adjourned at 9 :15 p.m. Chairman • I • • ( • I. • • • CITY OF ENGLEWOOD PL~NNING ~ND ZONING COHHISSION NOVEMBER 1 9 1 1985 O,L L TO ORDER. 9 The regula r meeting of the Ci ty Planning and Zoning Commission was called to order by Chairman Stoel at 7:00 P. H . Members present: Beier, Carson, Gourdin, Hesa, Stoel 1 ~llen, Barbre Magnuson Members absemt: ~lso present: D. ~-Romans , ~ssistant Direc t or of Community Developmen t Susan T. King , Sen i or Planne r II . ~PPROV~L OF MINUTES . November 5 1 1985 Chairman Steel stated that t he Mi n u tes of November 5 1 1985 1 were to be conside r ed for approval. Carson moved: ~llen/Barbre seconded: The Mi nutes of November 5 1 1985 be ap- proved as wr i tten. ~YES: N~YS: ~BST~IN : ~BSENT: Carson , Gourdin , Stoel 1 ~l l en 1 Barbre , Beier None He sa Magnuson The mot ion c a rri e d. I II . 4 7 55 SOUTH S~NT~ FE DRIV E Pl anned Deve l opme n t CASE ff33 -85 Chairman Stoel stated that the Commission and staff ha ve rec e i ved a request from Hr. Cameron, applicant, that the Public He aring on this matter be continued until December 3 1 1985 to gi ve hi m additional time to address problems noted 1n relation to t h e Planned Development for his property. Carson moved: Gourdin seconded: Case #33-85 be contin u ed to Decembe r 3 1 1 985 . ~YES: N~YS: ~B SE N T: ~B ST ~I N : Gourdin 1 Hesa, Stoel, ~llen, Barbre, Beier, Car s o n None Magnuson None The motion carried . • I • • IV . -2- PL~NNED DEVELOPMENT 300 West Belleview Carson moved: • • .. C~SE N34 -85 Barbre seconded: The Public Hearing on Case N34 -85 be opened . ~YES: Mesa, Stoel, ~llen, Barbre, Beier, Carson, Gourdin N~YS 1 None ~BSENT: Magnuson ~BST~IN: None The motion carried. Chairman Stoel stated that he has received a copy of the Not ic e of Publ ic Hearing published in the ENGLEWOOP SENTINEL on November 6 1 1985 1 and has also rece ive d copies of the Certificate of Posting . Hr . Stoel asked that the staff make their presentation at this time. Ms. Susan King was sworn in, and testified that she is the Senior Planner in the Department of Co mmunity Development . Ms. King discussed the requirements of the Comprehensive Zoning Ordinance as they apply to the property at 300 West Bellev iew ~venue, which is zoned R-3 1 High Density Residence. This is a 10.83 acre site, which was annexed to the City of Englewood in 1964 . The original multi -f amily residential zoning of the site wo uld allow a maximum dens ity of 70 dwell ing units per acre with the bonus provision. The Zon i ng Ordinance has since been amended, and the maximum density allowed now is 40 dwelling units per acre . The applicant is proposing to construct a total of 312 units on the 10.83 acre site, or 28.8 units per acre. Open Space is r eq uir ed in the Comprehensive Zoning Ordinance, and the applica nt is proposing 40~ open space vs. the required 25~. This ope n sp a c e will be lighted for security purposes. Max i mum height of struc tures in the R-3 Zone District is 60 feet; the maximum he1ght proposed by the developer is 45 feet to the highest point on the roof on the three story buildings. Ms . King then discussed setbac k prov i s i ons , and pointed out that the applicant i s providing a 25 foot lands c aped strip along the west side of the propert y , plus carports, and driving lanes, s o that the buildi n g line of the firs t structures will be approximately 100 feet east of the west property line. ~ 30 foot setback from West Belleview ~venue is being pr o vided . The applicant is providi ng 532 off-str eet parking spaces for the 312 apartment units, and f1ve or six off -street loading spaces will be provided for use by tenants moving into or out of the development. Ms . Ki ng stated that the proposed development plans were reviewed by all th e C i ty Depa r tments, and that the developer has addres s ed all concerns that were raised by City staff. The staff has no c onditions they suggest plac1ng on the approval of the p r oposed Planned Devel o pment . • I • • - • • • • -3- Mr. Beier inquired about access to the site from Belleview Avenue. Ms. King stated that State Highway Department wants access to the development aligned with South Delaware Street to the north side of Belleview Avenue, which the plans indicate. The City Traffic Engineer is concerned about left-turning movements into and out of the development; however, the State Highway Department does not want a traffic signal inst alled at the Delaware/Belleview intersection because of the proximity to the Belleview/Broadway intersection. The City of Englewood will monitor the traffic flow at the Belleview/Delaware intersection for a minimum of two years, and if specific warrants are met, a traffic signal will be installed. The developer has committed to providing a traffic signal if the warrants are met . Mr. Beier asked what "assurance" the City has that the developer will, indeed, install such a light . Ms. King stated that there is a letter on file to this effect. Doug Wagner , 17633 East Temple Drive, was sworn in. Hr.Wagner testified that he is the architect and planner for the project, and presented several slides of the subject site and renderings of the proposed development . Hr . Wagner stated that the site is a compilation of five separate parcels of land that have been purchased by Hr. Sanford Hetzel, developer; the site is on the south side of West Belleview ~venue, and west of the K-Hart Store. A small portion of the site is within the 100 year flood plain for Big Dry Creek, and this part of the site will be devoted to the open space/landscaped area . The acreage of the site is 10.83 acres total. An acceleration/deceleration lane along West Belleview Avenue is proposed for access to the site. ~n additional street light will be installed at the developer's expense at the intersection of Belleview and South Delaware Street . Mr . Wagner discussed the need for grad ing of the site because of the topography of the land, and that the development will be "terraced" down to Big Dry Creek. The development will provide 1t7 covered carport spaces, with the rema i nder of the off-street parking spaces to be open. Mr . Wa gner stated that the developer has comm itted to instal lat ion of the traffic signal if warranted within a two -year period after t hey receive the final Certif i cate of Occupancy . Hr . Beier stated t hat he understood approximately one acre of the s1te is within the boundar i es of Littleton. He asked if this is the area along Big Dry Creek. Mr . Wagner acknowledged that a por tion of the site is in Li t tleton, and does lie along Big Dry Cree k . This area wi ll be used for tennis courts and volley ball courts, and open space and landscaping purposes; thi s is within the 100 year flood plain of the Creek. • I • • • • .. -4- Hr . Allen asked if this will be a condominium development. Mr. Wagner stated the proposed development will be built as apartments. He pointed out that condominium developments are built in "phases" as they are sold, but an apartment development will be built out with one construction loan. The units are designed to be at the "high end" of apartment development, but Mr . Wagner stated that he has not discussed the rate of rental for the units with the developer. He stated that it would be difficult to determine the rental rate until the construction loan is in place. In response to a question posed by Mr. Beier, Hr . Wagner stated that the development will be in the Littleton School District, District •6. After a brief consultation with Mr . Hetzel, Mr . Wagner stated that the rental rates will begin at $420 to $550 per month for the larger two-bedroom units, and that it will be an adult community. Mr. James Finn, 5166 South Elati Drive, was sworn in, and testified that he has lived at that address for 21 years. He stated that when he purchased his property, the land in the Miramonte Subdivision was divided into 12 lots, and there were nine residential lots on South Elati Drive; he thought it was all an R-1 -A, Single-family Residential area. Then he found out that the Miramonte Subdivision was zoned R-3; he was not aware that multi-family zoning was ever imposed immediately next to single-family residence. Mr . Finn stated that because the zoning is in place, there is nothing that the opponents can do 1 but they do ask that the Commission consider some of their concerns. Mr. Finn stated that the plan proposes a 45 foot high structure, which parallels three houses on South Elati Drive; the grade of their block slopes from the northeast to the southwest, and he is of the opinion that if this 45 foot high structure is built in this location, the residents on South Elati Drive will be in a "canyon". Mr. Hetzel also owns land to the west of South Elati Drive, which is in L1ttleton; he is proposing construction of multi -family units on this land also. If apartment construction is allowed on both sides of South Elati Drive, the residents on that street will be definitely placed in a "canyon ". Mr . Finn asked that the developer be required to install a seven foot fence on the property line between his property to the east and South Elati Drive; that the landscaped buffer be composed of trees and bushes, not rocks and gravel; if carports are to be imposed on the property line that they be enclosed on three sides so that the fumes will not blow directly onto the properties to the west ; also, that the structures parallel to South Elati Drive be two -story in height . • I • • • • • .. -5- Linda Lutz, 5165 South Elati Drive, was sworn in, and testified that she is aware that there is a high vacancy rate in many multi-family developments. Considering this high vacancy rate, she stated that she could not understand why the developer is considering a development of the density proposed for this site. Hs. Lutz quoted from an article in the ROCKY HOUNThiN NEWs, which news article quoted the Lakewood City Manager as stating that developers can make a profit at 10 units per acre, and discussed the quality of developments. Hs. Lutz stated that many developments are of such poor quality that they deteriorate and "self-destruct• within 25 to 30 years. Ruth Kelley, 5145 South Elati Drive, was sworn in. Hs. Kelley presented a display of pictures of their block, which was noted as Exhibit •1. Hs. Kelley stated that she ha~ lived at this address for 24 years. Hs. Kelley stated that she realizes the residents will have to accept some type of development on the subject site, but asked that the Commission give consideration to the imposition of the 45 foot high building directly to the east of their property line. If the structure could be lowered to two story it would certainly help the residents along South Elati Drive . Pat Smeaton, 5155 South Elati Drive, was sworn in, and testified that the residents have been fighting the development proposed by Hr . Hetzel in Littleton for two and one-half years. Hs. Smeaton stated that the Fire Marshal in Littleton had expressed concern about adequate access and facilities to service a large apartment development; she asked about the Englewood Fire Marshal's opinion on service of an apartment complex in this area . Hs . Smeaton also discussed the grade of the fire lanes; is it too steep for the fire vehicles to maneuver, and is it of sufficient width. Hs. Smeaton noted that the CDH development to the east of Broadway has a final density of 14 units per acre; the density of the proposed development is more than two times that of CDH . Also, all of the residential development is situated to the north end of the site, abutting the residential development along South Elati Drive, while the open space is situated to the south end abutting the South Slope Development, wh ich is multi-family . Hs. Smeaton stated that it is the opinion of the residents on South Elati Drive that the proposed development provides a better buffer between the commercial development of K-Hart and the proposed apartment development than between the R-3 and the single-family development on South Elati Drive . Hs . Smeaton stated that if the traffic signal is installed at Bell eview and South Delaware, this will direct more traffic down Sout h Delaware Street by the two schools. Hs. Smeaton further discussed the action t he homeowners have had to take concerning the development proposed by Hr. Hetzel in Littleton; the determ ination of the City of Littl eton approved the multi -f amily zoning, but with sufficient restrictions to protect the single-family homeowners . Hr. Het zel is now suing the City of Littleton regardi ng this matter. Hs . Smeaton questioned the validity of the figures quoted on the trips -per -day originating from the proposed development. • I • • • .. -6- Roy Hankie, 5050 South Delaware Street, was sworn in. Hr. Hankle discussed the traffic congestion which is presently on South Delaware and West Belleview ~venue, and expressed the opinion that an acceleration/deceleration lane would not be that much help. He suggested that another point of ingress/egress to the site should be investigated. He also advised that traffic accident records in the vicinity of South Delaware Street and West Belleview ~venue should be reviewed, noting that there have been several serious accidents. Hr. Carson asked if Hr. Hankle was suggesting that the traffic signal be installed at the present time. Hr . Hankle stated that he would suggest there is currently a need for signalization of the intersection. He pointed out that a motorist cannot make a left-turn from South Delaware Street to east-bound West Belleview Avenue at the present time. Roger Newman, 5090 South Elati Street, was sworn in. Hr. Newman stated that while it does sound as though the developer has worked closely with the City staff in planning the proposed development, Hr. Hetzel has not worked with the people who live in the area abutting or adjoining the site. Hr. Newman suggested that if the Planned Development is approved there be right-turn only restrictions into and out of the development. Such a restriction would alleviate left-turning movements across Belleview ~venue traffic. Dave Lone, 5045 South Delaware Street, was sworn in, and stated he would have to agree with the neighbors that the proposed development would impose a heavy traffic burden on South Delaware Street . Hr. Lone stated that it is difficult to make a right turn from Delaware onto Belleview, let alone a left-turn. Hr. Lone stated that he feels the density proposed in the development is very high and is opposed to the Planned Develo~ment. Hr. Steel asked if there was anyone else in the audienc e who wished to address the Commission, but had not signed in. No one else indicated they wanted to address the Comm1ss1on. Hr . Wagner asked if he could rebut some of the c omments opponents had made. Hr. Wagner emphased that the structure on the west side of the site which is parallel to South Ela ti Drive will be set back 100 feet from the property l1ne. The ends of the structures will be two-stories, stepping up to three story maximum. The structures are all designed with a "stepped" back aspect rather than the "block" design. Hr. Wagner stated that the southern portion of the s1te, along Big Dry Cree k, is part of the 100-year flood plain for the Creek, and will be heavily landscaped and used for open space/recreational purposes. The landscaping shown on the plot plans is also their landscaping plan, and has been approved by the City staff . • I • • • • .. -7- Mr. Wagner stated that the developer is also concerned about the traffic congestion, and this is the reason for the provision of the acceleration/deceleration lane along the frontage of the site. The State Highway Department has stated that they will not approve the installation of a traffic signal at the South Delaware Street and West Belleview Avenue intersection; the developer has agreed to a study of the traffic pattern for up to two years after the issuance of the final Certificate of Occupancy, and if warrants for the installation of a signal are met, will cooperate with the City in the installation of the signal. Hr. Wagner stated that the City of Englewood does have the final determination on installation of a traffic signal, and can over-rule the State Highway Department. Hr. Wagner stated that regarding additional points of access, the more points of access there are to the site, the more problems of traffic congestion could result . Hr. Wagner disputed the "canyon" effect that residents raised, noting that the height of the structure is only approximtely 40 feet at the ridge, it is not a three story block building that will be facing the neighbors. The development is not low quality, and will not "self-destruct" in 25 to 30 years. Hr. Stoel inquired about the width of the landscaping strip abutting the property on the east side of South Elati Drive. Hr. Wagner stated that the landscaping will be 25 feet in width; they were also proposing a six foot high cedar fence which will be on the property line. The carports will have sloping roofs, with the west side of the carport only about four feet in height, and the height at the point of access approximately seven feet in height. The carports will be of the same construction as the apartment units. The carports will not be "enclosed". Discussion ensued on the location of the two story buildings. Hr. Wagner noted that the slide which has been shown on the screen is of a 36 unit building; they have 44 unit buildings which are two story on the ends, stepping up to three story toward the center. They did not do slides of the various sizes of structures, but only of a "typical" structure . Hr. Allen asked about the street light; Hr. Wagne r has stated during the course of the meeting that the developer will "help" with the installation of such a light, but the staff report states that it will be "installed" by the developer. Hr . Wagner stated that the developer will participate in the installation of th e light . Hr . Wagoner also stated that the interi or roadways will be finished with gray asphalt, not concrete . Hr. Hesa asked if consideration had been given to providing access from the south end of the development . Hr. Wagner pointed out that the only point of adjacency with Lehow Avenue and the subject site is where Big Dry Creek goes under Lehew Avenue, and they cannot get access at that point, also there is a very steep grade on the site on the southern part . • I • • • • • • -8- Mr. Beier asked if an up-dated traffic study had been considered. He stated that he would have to agree that the figures used on trips generated during a given time period were "preposterous". Mr. Wagner stated that the figures used were from the State Highway Department, but the developer will work with the City on resolving the traffic issue. Mr. Beier asked how old these traffic figures from the State Highway Department were. Mr. Wagner stated that they are 198' figures. Mr. Beier asked what provision had been made for emergency vehicle access if there is no traffic signal and heavy traffic congestion on the street. Mr. Wagner stated that he had discussed access by emergency vehicles with the Fire Marshal, who saw no problem with the access as designed. Mr. Mesa stated that he is concerned about impacting Belleview Avenue with further traffic in light of the State Highway Department's intention of closing off a number of streets intersecting with Santa Fe Drive. He suggested that the closure of these intersections would throw more traffic onto streets such as Belleview Avenue. Mr. Wagner pointed out that the proposed development will contain 30' less traffic than it would handle if built to the maximum allowed under the R-3 Zone District. The developer has tried to design the project so it will be feasible financially, and still be workable for the City and neighborhood. Ms. King presented the elevations of the ,,_unit buildings to the Commission for their consideration. Mr. Carson stated that he is also concerned about the traffic, and that the installation of a traffic light should be the financial responsibility of the developer; the Ci ty taxpayers should not have to pay for it. Mr. Carson then inquired about trash pickup and storage. Mr. Wagner stated that there will be screened trash dumpster sites throughout the development. Carson moved: Allen seconded: The Public Hearing be closed . AYES: NlWS: ABSENT: ABSTAIN: Mesa, Stoel, Allen, None Magnuson None The motion carried . Barbre,Beier, Ca r s o n Gourdin Mr. Carson stated that he felt there is a need for more feed back from the Fire Department on the matter of access for emergency vehicles. He is also of the opinion the developer should pay for the traffic signal at South Delaware Street and West Belleview Avenue, if installation of such a signal is warranted. Discussion ensued. • I • • • • .. -9- Hs . King stated that in the past, a developer has provided the cost of materials for a traffic signal, and the City has provided the actual installation; Traffic Engineer Plizga has mentioned, however, that he did not know how long this policy could be in effect because of a shortage of staff time available for installation work. Further discussion ensued. Hr. Gourdin pointed out that one of the citizens addressing the Commission suggested that left-turn movements be prohibited at this intersection; this could help alleviate traffic problems in the interim until a determination is made on signalization. Hr. Stoel suggested that this should be part of the total traffic study. Hr. Hesa stated that if a traffic signal is to be installed, he would be in favor of the installation at the present time. He pointed out that there will be increased congestion during construction of the development. Hr. Hesa urged that an up-dated traffic study be submitted. Hr. Stoel disagreed that traffic on Belleview ~venue would increase because of intersection closures at Santa Fe Drive; he stated that he felt there will have to be provision of over-passes or under-passes to handle the traffic from some of the streets presently intersecting with Santa Fe Drive. He questioned that the intersection closures would have that much impact on West Belleview ~venue. Hr. Stoel stated that he is concerned about traffic, but does feel that the developer has made an effort to meet every requirement in the Zoning Ordinance. He stated that he is of the opinion that consideration has been given to the residential neighbors to the west, as well as to the commercial development to the east. He stated that he feels the layout of the project indicates a quality life-style for the residents of the project, and that as the landscaping which is proposed matures on the site, it will be a benefit to the residents on the west side of the project. Hr. Stoel reiterated that he feels it is a quality project, and he will be voting in favor of it; he does feel, however, that the developer should pay for the installation of the traffic signal . Hr . ~llen stated that his main concern is traffic; there should be another point of access from the south; these are volat ile buildings and he could see there might be a problem with fire access. Mrs. Romans pointed out that there is provision for emergency access through the South Slope Condominium development via the east fire lane and a crash gate to the subject site; this crash gate would be on the southeast corner of this site . Hr. Wagner stated that this means of access had been discussed earlier, and the Fire Department had stated that they no longer needed that point of access. However, if the Commission so desires, the developer is willing to make provision for such access from the south. • I • - • • • • -10- Hr. Allen asked about the location of fire plugs on the site. Hr. Wagner stated that they are working with the Fire Department on the location of the plugs on the site. Carson moved: Allen seconded: The Planning Commission approve and refer to City Council the Planned Development for 300 West Belleview Avenue with the following stipulations: AYES: NAYS: ABSENT: ABSTAIN: 1. The traffic on West Belleview Avenue shall be monitored for two years following the issuance of the final Certificate of Occupancy; if a traffic signal is warranted at the South Delaware Street-West Belleview Avenue intersection, it shall be installed at the expense of the developer. 2. A fire crash gate access shall be installed on the southeast corner of the property to provide emergency access from the south through the South Slope development via the east fire lane. Stoel, Allen, Barbre, None Beier, Carson, Gourdin, Mesa Magnuson None The motion carried. v. SUBDIVISION WAivER Public Service Co. CASE ff35-85 Mrs. Romans stated that Public Service Company is the applicant for a waiver to the Subdivision Regulations. One parcel is to be sold; but because no rights-of-way or easements are required, the staff did not feel it was necessary to go through the process of a formal subdivision plat . Hr . Bill Davies, Senior Real Estate Agent for Public Service Company, was present and stated that he would answer questions; the staff report covered the situation quite well, and he had nothing further to add . In response to a question from Hr . Carson, Hr. Davies stated that he agreed with the staff report as written. I • • ( • Carson moved: Gourdin seconded: • • .. -11- The Planning Commission approve the waiver to the Subdivision Regulations for property in the '600 block of South Santa Fe Drive on the west side of the st reet as set forth in Case •35-85. ~YES: ~llen, Barbre, Beier, Carson, Gourdin, Hesa, Stoel N~YS: None ~BSENT: Magnuson ABST~IN: None The motion carried. VI. PUBLIC FORUH. There was no one present to address the Commission. VII. DIRECTQR'S CHOICE. Hrs. Romans stated that after the packet had been sent to the Commission, a letter was received from the Del Webb Co. requesting approval of a private prison at 2750 South Shoshone Street. Hrs. Romans read the letter into the record. This property is in northwest Englewood. It appears that with the problems the State of Colorado and other jurisdictions are is having in building public prisons, that there are groups, companies, or corporations who are interested in building "private• prisons and leasing the facilities to governmental agencies. Discussion ensued. Hr. Barbre asked about the criteria on security that must be installed in such a use. Hrs. Romans stated that she did not know what the security criteria is, but she will try to get more in formation if the Commission wants to pursue this matter . Hr . Carson stated that he would like to know more about the private prison issue. Further discussion ensued. It was the consensus of the Commission that the use would not be permitted in the 1-1, Light Industrial District. Hrs. Romans stated that at the City Council meeting of Novembe r 18 1 the Council approved the Subdivision Plat filed by General Iron Works; Council also approved the Subdivision Plat and Tidwell Planned Development for property on South Decatur Street . Hr . ~llen asked what has happened to the development on the old KLZ site . Hrs . Romans stated that a second public hea ring has been scheduled before City Council on November 25 1 1985 . • I • • • • • • -12- Hr. Stoel asked if there was any further information about Councilman Higday's letter which was written to the Commission. Mrs. Romans stated that she had written to City Manager McCown asking for clarification of Councilman Higday's comments regarding Planning Commission decisions; in reply, City Manager McCown indicated that Councilman Higday had made his point in the letter and he felt it would not be necessary to expand on it further. Discussion ensued. VII. COMMISSION'S CHOICE. Hr. ~llen stated that he and Hr. Gourdin attended the Planning Commissioner's Seminar at Keystone. Hr. Gourdin stated that he felt the session was very informative, and gave xeroxed copies of some of the articles to the other members of the Commission . Hr. ~llen stated that he also discussed the issue of trash disposal with other Commissioners attending the meeting. Hr. Carson asked what progress has been made on the annexation of some sites on southwest Englewood. Mrs. Romans stated that meetings have not yet been scheduled. Hr. Carson stated that he would like to invite the property owners of these areas to an informal meerting to discuss the pros and cons of annexation. Mrs. Romans pointed out that the people in at least one of the areas have strenuously opposed annexation to the City of Englewood in the past; but a meeting will be scheduled. Hr. Mesa asked that staff look into the possibility of obtaining a small desk lamp for the podium; he noted that it was difficult for Hr. Wagner to see his notes during the slide show when the lights were out. There being nothing further to come before the Commission, the meeting was declared adjourned at 9100 P. H. ~ertrude G. Welty Recording Secretary • I • • • RESOLUTION NO. ~ SER IES OF 1985 • • • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ENGLEWOOD APPROVING THE POLICY REPORT FOR SINGLE FAMILY MORTGAGE REVENUE BONDS UNDER SECTION l03A OF THE INTERNAL REVENUE CODE. WHEREAS, the City of Englewood, Colorado (the "City"), a political subdivision of the State of Colorado, des ire s to participate in the issuance of single family mortgage revenue bonds for the calendar year 1986, to assist in the purchase or rehab ili- tation of residences for low and moderate income persons and families; and WHEREAS , to comply with Se c tion l03A(j) (5) of the Internal Revnue Code of 1954, as amended, the highest elected governmental representative of each governmental un it part ici p ating in the issuance of these bonds is required to publish a statement of policies that the governmental entity will follow: and WHEREAS, the policy report has b ee n prepared and a public hearing held on the pol i cy report; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Sec ti on 1. That the attached Policy Report governing the issuance and sale of single family mortgage rev enue bonds for the calendar year 1986 and the use of proc eeds therefrom is hereby approved. Sect i on 2. That the Mayor and ex officio City Clerk- Treasurer are hereby authorized to sign , attest, and publish the Policy Report for and on behalf of the City Council and the City of Englewood. ADOPTED AND APPROV ED this 16th day of December, 1985. Attest: Eugene L~s, Mayor ex off1cio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood , Colorado, hereby certify that the above and foregoing is a true, accurate and complete copy of Resolution No.~, Series of 1985. • I • • • • - POLICY REPORT OF THE CITY OF ENGLEWOOD ON SINGLE FAMILY MORTGAGE REVENUE BONDS UNDER SECTION lOJA Taxpay er Identification Number: 98-03470 This report sets forth the statements of policy on single family mortgage revenue bonds of the City of Englewood to be applied during the calendar year lg85 in accordance with Section 103A(j)(5) of the Internal Revenue Cod e of 1954, as amended by Section 611 of the Tax Reform Act of 1984 (th e "Code"). Section 103A(j)(5) of the Code requires that a report be published by the applicable e l ected representative of the City and a copy of such report be sub mi tted to the Secretary of the Treasury on or before the last day of th e calendar year preceding the year in which obligations are to be issued. Contained in t his report is a statement of policies with respect to housing, development and 1 01~-inc ome housi ng assistance which the City of Englewood is to follow in issuing qualified mortgage bonds. There is also an assessment of the compliance of the City of Englewood during the one year period preceding the date of this report with the statement of policy on qualified mortoage bond s that was set forth in the pre vious report, if any; and the intent of Congress that state and local governments are expected to use their authority to issue qualified mortgage bonds to the greatest extent feasible (taking into account prevailing interest rates and conditions in the housing market) to assist lower income families to afford home ownership before assisting higher income fa mi lies . The primary goal of the City in the calendar year 1986 is to assist qualified low-and moderate-income families and persons to obtain the benefits of ho me- ownership through l ower interest rates through the use of single family mortgage revenue bonds. The City is also interested in enabling qualified homeown ers to rehabilitate their home through a home improvement or rehabilitation loan. The proceeds of the bonds are expected to be used to provide financing for the acquisi- tion or rehabilitation for both new and existing homes (including detached housing, condominiums and townhouses) to be used by the mortgagor as his or her sole place of residence. It is not e xpected that any particular portion of the proceeds of the bonds will be targeted to any particular class or type of housing except as set forth below. The City has determined that the best method of determining the nPed ano 1Pmand f Jr vario .. ~ t 1 pe :; of housltlg is to a_:ept applicativns fc ;· r.:J r t9c~c ',;;r : fro1 u prospective mortgagors on a fir st-come-first-serve basis. Proceeds of the bonds will be available to finance the purchase and rehabilitation of residences of low-and moderate-income families and persons as permitted by the laws of the State. No particular portion of the proceeds of the bond s will be targeted specifically to low-income or moderate-income fa milies and persons. 1. The report must be published after a public hearing following reason- able public notice. The notice of such hearing was published on November 27, 1985 and the hearing was held on December 16, 1985. Proof of publication of the notice is attached to this report. 2. The City of Englewood has adopted the following policie s with r espect to the issuance .of qualified mortgage bonds for the calendar year lg86: A. Eligible borrowers must not have owned a home during the previou s three years, provided however, the program administrator may approve 10 of th e mortgagP loan s for non-first-ti me homebuyE:rs . • I • • • • • • B. Maxim um Adj us t ed Jnco me is $37,920. "Adjusted Jncome" means th e aggregat e adjusted gross income of a mortgagor and all pe rson s who occupy or will occupy a single Family Residence (including the gross income of any co-signer or guarantor of a mortgage note made in connection with the making of a Mortgage loan who will occupy the Single Family Residence) as evidenced by such person's or persons' adjusted gross income as most recently reported for federal income tax purposes on line 22 of Form 1040 (or the comparable line of Form 1040A), or, in the event that such person's or persons' aggregate gross income, less an amount equal to $2,000 for each resider. t of the Single Family Residence. C. Targeted areas include all census tracts and area s of economic distress. The entirety of the City of Englewood is a target area . D. At the current time, no additional financial subsidies are con- templated by the issuer. E. Parameters for mortgage lending and allocation of bond proceeds including the following: (1) Each Mortgage loan will be secured by a Mortgage on a Single Family Residence, will be made substantially in accordance with the Participant's then current standard underwriting policies, which will, as to matters not covered by the Agreement, be at least equal to the then current standards set forth in the Federal Home loan Mortgage Corporation ("FHLM C") of the Federal National Mortgage Association ("FNMA") Seller's Guides, subject to acceptance by the insurer under the Private Mortgage Insurance Policy and the Special Hazard Insurance Policy; and the Participant will have determined that the Mortgagor's income does not exceed the Maximum Income. (2) Each Mortgag e loan shall be issued under a Private Mortgage Insurance Policy in an amount equal to 100 ~ of the unpaid principal amount of the Mortgage loan whi ch will be maintained during the period th e Issuer has an interest in the Mortgage loan. Each Mortgage loan may, at the option of the Mortgagor, bP ~ Pledged Savings Account Mortgage loan . (3) In the event that (i) the Special Hazard Insurance Policy does not provide coverage against flood damage and (ii) the Single Family Residence financed with any Mortga ge loan is located in a designated flood area, the Participant will cause the Single Family Residence to be insured by federal flood insurance, if available, in an amount which is not less than the maximum insurable value of the Single Family Residence securing such Mortgage loan or the principal balance owing on such Mortgage loan, whichever is less, l/l2th of the annual premium for such insurance will be paid by the Mortgagor each month as part of the Mortgagor's regular monthly payment on such Mortgag e Loan, which shall be collected by the Participant and deposited in the Mortgage Service Account. (4) No Mortgage loan shall be purchase d, the original principal amount of which exceeds 95 % of the lesser of the purchase price or the initial appraised value of the Single Family Residen ce subject to the Mortgage Loan . • I • • ( • • • .. (5) Each mo rtga ge not e on a Mortgage Loan will provid e for a prep ay me nt penalty du r ing the pe riod co mm en c ing upon th e exec ution of t he mo rtgag e note and continu i ng fo r fiv e years thereafter equal to 25 % of one year 's inte r es t on the principal amo unt of s uc h pre pay ment . (6 ) Not more tha n 10% of t he aggre gat e pr in cipa l amount of Mo r tgag e Loans to be pu r cha sed by t he I ss uer wi ll be Mo rtgag e Loan s f or t he ac quisition of condomin i um uni t s or t ownhou ses havin g co mm on wal ls with ad- j ac ent un i ty and no su ch condo mi ni um un i t or townhouse shall be i n a build - ing exce eding four s tor i es in he ight ; provid ed, howev er, that of such amount , not more than 25 ~ of s uc h a mount wi ll be used to finance condominiu m unit s or townhouses sold by the sam e seller; provided, further howeve r , that no Mortgag e Loan to be purchased by the Issuer will be for th e acqui s ition of dupl exe s or other two-family dwelling s . With respec t to any Mortgage Loan rel a ting to th e financing of a Si ngle Family Residence con s tituting a condominium unit or town- hous e which has been conv erted from previ ous r ental use, pr io r to any ori gi na- tion by the Participant of such Mortgag e Loan; (i) the project of whi c h s uch condominium unit or townhouse is a part will have been accept ed by FHL MC or FMNA form 102 7, whi ch letter or a pp roval will evide nc e tha t su ch projec t meets all of the requirem ents thereof e xc epting requirements of pres a l e pe r cen tag es , and (ii) a condo minium declaration sub mitting th e applicable pro pe rty to condo- minium ownership pursuant to 38 -33 -1 01 et se q., Colorad o Revi sed Sta t utes , s hall have been filed prior t o J ul y 1 , lg85 . (7) Un ti l May 1, 19 86, at lea st 50% of th e a ll ocati on of eac h Part ici - pant shall be available to fund Mortga ge Loan s on a fir s t-come f i rs t-se rv ed basis; accordingly, not mor e than 50% of the alloca tion of eac h Part ic i pant may be reserved for any sin gle builde r , developer , contractor or r ea l tor ; any build e r, developer, contractor or r ealtor of wh om fund s will be commi tted is required to certify that su ch build er , develop er , co ntra c to r or r ealtor is obtaining the benefit of fu nds o f t he Pr ogr am from onl y one Participant; each Pa r t ic ipa nt agree s t o notify Trustee of t he id ent i ty of any builder , developer, cont r ac t or or r eal tor with which it agrees to make any such reservation and the amount of pr ocee ds so r eserved. (8) All mortgage notes will provide that the Mortga ge Loan evidenr.ed thereby will be assumable, subject to the restrictions hereinafter set fort,. In any case in which a Single Family Residence has been or is about to be con- veyed by the Mortgagor and the purchaser desires to a ssume all the rights and obligations of the Mortgagor under the Mortgage Loan, the person to whom such Single Family Residence has been or is about to be conveyed shall be required to enter into an assumption agreement; provided that (i) th e re s idence be ing acquired is a Single Family Residence at the time of th e assumption, (ii) an y party assuming a Mortgage Loan meets the qualifications of an Eligible Borrower as set forth in the Agreement , and (iii) the Mortgage Loan must continue t o be insured under the insurance policies described in the Agreement and approved by the Trustee. The assumption restrictions will be incorporated in there- lated mortgage and kept as a part of the Mortgage File. At the Participant's discretion , t he inc ome l imi t ation of $37,920 set forth in the Agreement may be increased by an amount not in excess of the cumulative increase in the United States Co nsumer Price Ind ex from the Bond Delivery Date to the date of the assumption . • I • • ( • • • • (9) In order to qualify for selection, a lender must meet the following minimum criteria: (a) Participant is a lending institution duly authorized to do business in the State. (b) Participants agree that they will remain subject to super- vision and examination by state or federal authorities, a s may be applicable, and that it will remain in good standing and qualified to do business under the laws of the Unite d States of America or the state of its then state or organiza- tion and o f the State , will not dissolve or otherwise dispos e of a l l or substantially all of its assets and will not voluntar- ily cons oli date with or merge i nto any other entity or perm it one or more other entities to consoli date with or merge into participant; provided that Participant may, without violat ing the agreement contained in this subsection, consolidate with or merge into another entity, or permit one or more entities to consolidate with or merge into them, or sell or 0therwise transfer to another such entity all or substantially all of its assets as an entirety and thereafter dissolve, provided the surviving, resulting or transferee entity, as the case may be, shall be subject to the supervision and examination of state or federal authorities, as may be applicable, and, after giving effect to such transaction, shall have a net worth substantially equal to that of Participant immediately prior to such acquisi- tion, consolidation or merger, and shall assume in writing all of the obligati ons of Participant un der this Agreement. In the case of a sa l e of all or substa ntially all of the Participant's assets, Trustee, on behalf of Issuer, shall release Partici- pant in writing concurrently with and contingent upon such as- sumption, from all liability hereunder. (c) In the event Participant will be servicing Mortgage Loans, it is approved to service mortgages for FNMA or FH LMC and has a s~rvicing office located in Arapahoe County. (d) Participant covenants that its depository account is insured by Federal Deposit In surance Corporation or the Federal Savings and Loan Insurance Corporation or that fund s received pursuant to this Agreement of the Indenture are kept in depository ac- counts of lending institutions which are insured by one of such federal corporations. (e) Participant is and will continue to be an approved seller of con ve ntional mortgage loan s to FNMA or FHLMC, and Participant is and wi 11 continue to be an approved servicer of conventional mortgages for FNMA or FHL~1C. (1 0) Funds are allocated on the following basis: (a) Part ic ipants must submit a completed "Offer to Sell" loan s. • I • • ment • • • • (b) Allocations will generally be based on : i ) Participant's lending history in the County . i i ) Participant's successful participation in previou s bond programs. iii ) Participant's ability to originate bond loans. iv) Participant's ability to make target-area loan s. v) Participant's reque s ted allocation. vi) Participant's ability to service loans loc all y . ( 11) Policies and goals for qualified rehabilitat i on and hom e i mprove- loans: (a) Financing for home improvement loans as defined by Section 103A as financing in an amount up to $15,000 of rehabilitation work which complies with the following criteria: i) The work must consist of alterations, repairs, and improve- ments on or in connection with an existing residence by the owner of the residence, but ii) only if such items of work substantially protect or improve the basic livability or energy efficiency of the property. (Basic livability is defined as those improvements neces- sary to bring property into compliance with local building code requirements). iii} The residence must be the principal residence of the borrower. The home must be in the jurisdiction of the City of Englewood. (b) A qualified rehabilitation loan is defined by Sect i on 103A as a loan provided to finance either qualified rehabilitation, or the acquisition of a re s idence with respect to which t he r e has been qualified rehabilitation. In order to qualify fo r a loan, a mo rtgag or must com ply with the following ~r iter ia: i) The mortgagor must be the first resident of the pro per t y after completion of the rehabilitation (with i n 60 days). ii) The building to be re ha bilitated mu s t be a t l ea st 20 yea r s old . iii) Sev enty-fiv e percent or mo r e of th e existi ng external walls of the pro pe rty must be retain ed i n pl ace. iv) The expenditures f or th e rehabilitation mu ~t equ a l 25 or more of the mortg a gor 's ad j usted ba s i s in t he r esi dence . (A mortgagor's ad j us ted ba s i s is equal to th eir c a pital investment in the prop erty). Adju s ted basis i s det ermi ned as of the completion of the rehabilitation . • I • • \ • v) • • - Th e co s t of th e rehabilitation on exist i ng re s iden ce may not exceed the "averag e area purchase price" for existing residence s. When th e rehabilitation is for a building not previously used for residential purpo ses, the cost may not exceed the "average area purchase price " for a new residence. (c) Ne ithe r loan may r efinance existing debt. (d) Neither loan falls under "first-time ho mebuyer rule ". (e) Both loans may be assumed by a pe rson who me et s th e pr i nc ipal residence requirements and income guidelines in effect at th e time of assumption. (12) On April 12, 1985, the City of Englewood in conjunction with the City of Lakewood, issued $17,104,296 in Single Family Mortgage Revenue Bonds. A portion of the loan proceeds were used in the City of Englewood, Colorado ($940,000). As of November 20, 1985, about 21 % of the program's loans were purchased, closed or were in process. Additio11ally, substantially all the targeted monies have been satisfied. Program ·profiles as of November 20 , 198 5 , are as follows: (a) (b) (c) (d) (e) (f) (g) (h) ( i ) (j) Average mortgage amount : Mortgage term and rate: Average loan to value: Average property age : Average sales price : Average appraised value : Average borrower 's annual income : Average monthly mortgag e payment: Detached housing : Housing Size : $50 ,75 0 10-3/8%; 30 y ea r s 91 % 15 years $56,000 $64,500 $23 ,1 25 $546 25 " 1,000 to 1,500 sq. f t . 4. Attached hereto is a su mm ary of comme nt s on t he proposed re port which we re received at th e publi c hea ring. 5. In order to effec t th e poli cies a nd goal s set forth in this r eport, th e City re c ognize s that i t may pa rt i cipate with 9ne or more other go vernment a l un i t s withi n the State of Colora do and enter into such agreements as may be necessary to acc omp l is h s uch purposes. This report is ordered to be published in the Englewood Sentinel, a newspaper of general circulation, on and a copy of this report is to be submitted 7to~t~h~e~co~mm~i-s~s~io~n~e~r~o7f~t~h~e~Internal Revenue Service on or before December 31 , lg85. The undersigned , as Mayor of City Council, .authorizes the issuance of this report this day of , 1985. By: Title:------------------------- • I • • PUBLISHER'S AFFIDAVIT STATE OF COLORAOO. ~UNTYOF Arapahoe Dt~nna A ... shea.r I ,.. I publiaher ..................... ~ .the .Englewood Sentinel .................. _.., --"'""·- tnt.,.Cotyof .......... ~.ngle .wo.o.d Countyol .... Arapa~oe .. State ot ColOrado and hH 1 ~·' t•tcvlaUon tt'l•t•n. It'll! ll•d NWIOipet hll beet'+ Ovbf•tf'ted cont•ftUOVII' artd untnterrupt.cfly '"' u •d c ........... Arapahoe IOf 1 pet"tOCI f11 ""0'1 than S2 ._._, prtor to lf'll '"'' putM<:at~ of '"-ennt•flf notice tf'lat 11•d . ._,...., ,. -"tefed '" '"' pow,t ott<t at Englewood Cotot"eclo. at tKOf\d c•an matt "''"• and tttlt IN N •d ,.._..,.~ It I 1\e'WSDIIMt' W4IP"ft t"- ,..._"'"1 o• tM act of the G,,., .. Attambty of tt\e State of COlOradO IIPO'ow.cf March 30, 1123. eftell'f'tt~ .. leo-t NohCII -"CC A.,..,Mfftef'tl .. eftd otNt' ectt , .. , .. "t to t"-prlnltftt eN puot•th•nt of ... ,, nottcn and actYet't•tmentt. tt-~at '"-et"~N•f'd not<a .. , pubUtfiled m ,.._ r .. u .. r lftCf ~1"1 tiiU" of lltcf NWIPIJ)ef. once ttc.h ...,...,_, o4ol the tame day of each weetl ,.,,.._..,.,ot \ pubhc ehon of 11td ,....,paper dated \l:\1:)\J ... 0)1 .~~ .... 1111 oubltcattOn of N•d "~·c • ••• '" tne iatue of • • • • 11059 E. Bctl1any Dr ive Aurora, CO 80014 • I • • -• • • ----------------------------------, C 0 U N C I L DATE December 16, 1985 C 0 M M U N I C A T I 0 N AGENDA ITEM 10 tL SUBJECT Public Hearing of the Pol icy Report for Single Family Mortgag e Revenue Bonds. INITIATED BY Alan M. Feinstein, Exec utive Director, Englewood Housing Authority ACTION PROPOSED To Adopt a Resolution Approvi ng Policy Report for Single Family Mortgage Revenue Bonds. INTRODUCTION At the Ci ty Council Meeting of November 18, 1985, a public hearing was scheduled for December 16, 1985. The public hearing was scheduled for the consideration of adopting the Housing Policy Repo rt for the 1986 Single Family Mortgag e Revenue Bond ,.._ Program. (. BACKGRO UND The goal of this program is to assist qualified low-and-moderate-income families and persons to obtain the benefits of home ownersh ip , home improvement s, and/or home rehabilitation loans through lower interest rates through the use of single family mortgage revenue bonds. The bonds will not be targeted for any particular class or type of housing, and there will be no targeted areas within the City. The Housing Policy Report and Resolution adopting this report are attached. The Report meets the requirements under Section 103A of the Internal Revenue Service Code . FINANCIAL DETAILS There will be no financial obligation placed on the City through the issuance of these bonds. RECOMMENDATION Staff is recommending adoption of thi s Resolution after considering comments made at the public hearing. ------------------------------------~ • • I • • ( • C 0 U N C I L DATE December 9, 1985 • • • C 0 M M U N I C A T I 0 N AGENDA ITEM IIJ a_ SUBJECT 300 West Belleview Planned Development. INITIATED BY City Planning and Zoning Commission ACT I ON PROPOSED Approve the proposed Planned Development for 300 West Belleview Avenue. INTRODUCTION AND BACKGROUND: The proposed 300 West Belleview Planned Development is located on the south side of Wes t Belleview Avenue, west of the K-Mart store, north and west of South Slope Condominiums and east of South Elati Drive. West Belleview Avenue is on the north. ~r. Sanford Metzel, President of Sanford Companies, is the property owner and is reposing to develop the 10-acre site with 312 dw ellin g units in nine buildings. The Planning Commission held a public hearing on November 19, 1985, t o co nsider the proposed development. At the hearing , Mr. Doug Wagner, arc hitect for Mr. Met zel, presented testimony giving specific details of the site plan. There were also seven residents in the immediate area who presented testimony stating their concerns, pri- marily about the effect of the traffic generated by the development upon South Delaware Street, as well as Belleview Avenue. After reviewing the proposed Planned Development, listening to the testimony and considering the Staff Report; the Planning Commis sion approved the site plan with the following stipuations: 1. There shall be a two-year traffic study following the issuance of the final Certificate of Occupancy; a nd if, in the opinion of the City Traffic Engineer, a traffic signal is warranted at the Delaware/Belleview intersect i on; it shall be installed at the expense of the developer. 2. A fire crash gate access shall be installed on the southeast corner of the property to provide emergency access from the south through the South Slope development via the east fire lane. (At the time of the South Slope Subdivision, the South Slope own ers were required to provide eme r gency access to the north lot, Lot 1, via a fire lane on the east side of the development. Mr. Metzel has now purchased Lot 1, and it is included in t he proposed Planned Development whi ch is an assembla ge of five different ownerships.) Following the im position of these requirement s, the applicant agreed to provide the ~raffic signal if the Traffic Engineer determines it is warranted, and the Developer has dded the wording to the site plan committin g to this. As a result of the concern about the secondary fire access, the staff again contacted the Fire Department after the hearing. The Fire Department reiterated its position that a secondary fire access off • I • • • • -2- of West Lehow Avenue via the South Slope development is not required by the Fire Jepartme nt in order to provide the necessary fire protection. However, the developer has a greed to provide such access if it is required. (See the attached letter from t h e Fire Department.) As to the traffic, the applicant has worked closely with the State Highway Department a nd wi th Traffic Engineer Plizga. The Highway Department would approve only one point o f access onto West Belleview and required that it be aligned with South Delaware rath er than offset. Mr. Plizga also required that alignment. The Highway Department does no t feel that a traffic signal will be warranted at the Delaware/Belleview intersection bec ause of the devleopment; however, the City will make the final decision if Traf f ic Engineer Plizga determines later that one is necessary. This position led to the Planning Commission suggestion that the traffic flow be studied for two years; and, i f t h e Traffic Engineer determines that a signal is required; it will be paid for by the d eveloper. Attached is: 1 . Staf f Rep o rt, vic inity map and the developer's a pplication. (See the Minutes of the November 19th public hea ring.) 2. The Planning Commission's Findings o f Fac t and Con clu s ions. 3. The Planned Development Site Plan, Landscape Plan and two sheet s of build i n g elevations . .. The letter from the Fire Department • RECOMMENDATION: It is the recommendation of the City Planning and Zo n ing Commi s s ion to t h e Englewood City Counc il that the applic ation of Mr. Sanford Metzel fo r a F l anned Dev elopment to construct a 31 2 unit apartment complex be approved with the stipula tio ns that the traffic l i gh t b e prov ided at the d e velo per's co st if it is warranted , a nd t h at a secondary fire access be prov ided via the South Slop e de v elopm e nt. (Again , t he Fire Departmen t h as s t a t e d tha t the la tter require me n t i s no t n ecessa r y i n i ts o p i n ion ; howeve r, the d e v eloper will mo d i f y h is pla n to p rov i d e the a c cess if i t is n ecessary to do so. Th is wou ld r equi r e s ome mino r modification i n t he P lan on the ext reme southeast corner of t he site.) The staff would recomme nd that, pursuant to the Fire Department recommendation, the s e co ndary access not be required, and that t h e Planned Development be approved subj ec t only to the two-year monitoring of the traffic. SUGGESTED ACTIO N: MOVED BY ________________________ __ Jr SECO ND ~~ ----------------------- YES ________ NO ________ ~AIB SE N T ____________________________________ _ • • I • • ( ( • • • • RESOLtJI'ION 00. SERIES OF 1985 __ _ A RESOLtJI'ION AOOPI'ING THE FINDINGS, COtCLUSION AND DEX:ISION OF THE CITY CO!lCIL OF THE CITY OF ENGLFl>lOOD, COLORADO, REGI\RDING THE PLANNED DEVELOPMENT BY SAlFORD C<MPANIES AT 300 WEST BElLEVIFl'l AVENUE. WHEREAS, case No. 34-85 for approval of a planned develop- ment for a parcel of land at 300 West Belleview Avenue was heard by the Planning and Zoning Carrnission; and WHEREAS, the Planning and Zoning Carrnission r::ecanmended to City Council that the application of Sanford Hetzel (Sanford Canpanies) be approved with certain stipulations; ~. THEREFORE, BE IT ORDI\INED BY THE CITY COUOCIL OF THE CITY OF ENG..&lOOD, COLORADO, AS FOL.La-lS: '!he City Council finds: 1. '!hat the application is concerned with an parcel of land at 300 West Belleview Avenue legally described as: Plot 6, INI'ERURBAN ADDITION, County of Arapahoe, State of Colorado, containing 122,633 square feet or: 2.815 acres more or: less, and including, IDt 1, SOl1I'H SLOPE SUBDIVISION, County of Arapahoe, State of Colorado, containing 51,422 square feet or 1.18 acres more or less, and including, Part of Block 7, INI'ERURBAN ADDITION, County of Arapahoe, State of Colorado, described as: Beginning 1,322.5 feet We st and 840.2 feet South of the North 1/4 corner of Section 15, Township 5 SOuth, Range 68 W of the 6th P.M.; thence South 215.8 feet; thence S 63o30' West 10 0 feet; thence N 28o24" W, 378.3 feet; thence S 78o56' E, 279 feet to the Point of Beginning, INI'ERURBAN ADDITION, County of Arapahoe, State of Colorado, containing 47,480 square feet or l. 09 acres more or: less, and including, IDts 1-14 inclusive, and vacated Minrnonte Road right of way, MIRAMONTE SUBDIVISION, County of Arapahoe, Sta t e o f Colorado, containing 250,427 square feet or: 5.748 acres more or less. '!he above property is a 10.8 acre s i te of Which 9.74 a c r es are in Englewood and 1.09 acres in the City of Littleton. 1 • I • ( ( • • • • 2. That the area with which the application is concerned is to be developed by Sanford Companies, a sole proprietorship, Sanford K. Hetzel, sole proprietor. 3. That the application for approval of a Developnent Plan at the parcel located at 300 W. Belleview Avenue was filErl with the Department of Catmunity Developnent on October 21, 1985, notice of public hearing ~oas published in the Englewood sentinel on NovEmber 6, 1985, the property ~oas posted no less than fifteen days prior to the public hearing, and public hearing ~oas held Novenber 19, 1985. 4. The application was for approval of a Development Plan of 28.8 dwelling units per acre with 312 proposed dwelling un its, 40 % usable open space, maximi.IT\ building height 45 feet, a 25-foot buffer strip with landscaping and privacy fence along the property line adjacent to a single-family zone district, 532 off-street parking spaces, all of which comply with the R-3 High-Density Residence District classification place on the property by the City of Englewood. 5. The portion of the property Which is in Littleton will be utilized only for useable open space. 6. The applicant has ccmnitted to providing for the cost of a traffic signal if it is required by the City Traffic Engineer after studying the traffic patterns for a two-year period following the issuance of a Certificate of Occupancy. 7. All of the City staff concerns were incorporated into the design of the Planned Developnent prior to review by the Ca!mission. 8. PUblic access, energency access and fire lane ease:nents have been taken into consideration. 9. The Planning and Zoning Ca!mission reccmnends that Application f34-85 filErl by Stanford Hetzel for a Planned Developnent at 300 West Belleview Avenue be approved with the following stipulation: a. There shall be a two-year traffic study following the issuance of the final Certificate of Occupancy; if, in the opin1on of the C1 ty Traffic Engineer, a traffic signal is ~oarranted at the South Delaware Street/West Belleview Avenue intersection, it shall be installEd at the expense of the developer. b. A fire crash gate access shall be installed on the southeast corner of the property to provide energency access from the south through the South Slope developnent via the east fire lane. 2 • [ [ I • - ( ( ( • • • • CXltC LUi IONS City Council therefore corx:ludes that: 1. The application for a Planned Dev el opmen t subm i tted for property at 300 w. Belleview Avenue should be approved with the following recommendation: a. There shall be a two-year traffic study following the issuance of the final Certificate of Occupancy; if, in the opinion of the Ci ty Traffic Engineer, a traffic signal is warranted at the South Delaware Street/West Belleview Avenue intersection, it shall be installed at the expense of the developer. 2. 'lhis Developnent will be an asset to the City and to thi s area. 3. Usable open space and landscaped areas have been incor - porated into the overall design and is sufficient to serve the mrnber of units being constructed and will be accessible to all of the occupants of the dw:!lling .units. 4. The anount of off-street parking to be provida:l canplies with the requirements of Section 16.5-5a(l2) of the Comprehensive Zoning Ordinance of the City of Englewood. 5. Consideration has been given to the location, design and height of the buildings as \Ell as access and fire lanes. IT IS HERffiY DEX:IDED that this Council adopt the foregoing f i ndings and Conclusi ons for a Planna:l Developnent at 300 West Belleview Avenue, Applicati on f34-85. AOOPr ED AND APPROVED thi s 16th d ay o f Decanber , 1985 . Attest: Eugene L. ot1s, Mayor ex offi c io C1ty Clerk-Treasurer ., • I • I • • ( • • • • I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of !hglewood, Cblorado, hereby certify that the above arx:l foregoing is a true, accurate and canplete copy of Iesolution No. __ , Series of 1985. Gary R. Higbee 4 • I • • ( • • • • TO: The Englewood ~~~ Council Galen Miller~:ptain -Fire Prevention/Code Enforcement FROM: DATE: November 20, 1985 RE: Fire Access for 300 West Belleview Avenue Upon initial review for fire access and fire hydrant placement, the access off of West Belleview Avenue as shown on the Plan is acceptable, and we do not feel that a secondary access is required. It is my understanding, however, that the City Planning and Zoning Commission felt a second emergency access off of West Lebow Avenue might be desirable and wanted additional information from the Fire Department. In reviewing the site plan once more with the Fire Chief, I would say that a secondary fire access from the south is not necessary in order to adequately serve the development. It is always helpful to have a secondary means of access; but in this case, it is not essential for fire protection because our service would not normally be from the south. Incidentally, we did not require more than o ne access point for the Broadway Condominiums (Greenwood Point). sr 0 I • • ( ( • STAFF REPORT Page -1- STAFF REPORT RE: .. • • - PUBLIC HEARING FOR A PLANNED DEVELOPMEN T CASE NO. 34-85 The proposed 300 West Belleview Avenue Planned Development. DATE TO BE CONSIDERED: November 19, 1985 NAME OF APPLICANT AND PROPERTY OWNER: Sanford Companies, Sanford Metzel, President 3773 Cherry Creek Drive North Denver, CO 80209 ~: Pa m~la English, Ar c hitec t Wagner Johnston Associates, Inc . 10730 East Bethany Drive, Suite 108 Aur o ra, Colorado 80014 ADDR ESS OF PROPOSAL: 300 West Belleview Avenue Englewood , Colorado 80110 LEGAL DESCRIPTION: See the writ ten portion of the appl ication. ZONE DISTRICT: R-3 , High-Density Res idence District . DESCRIPTION OF SUBJECT SITE AND THE ADJACE NT AREA: The subject site is 10.83 acres in area and has been cleared for developme n t . Access to the site is from West Belleview Avenue. The site slopes fro m th e north to the south with the slope becoming steep along Big Dry Creek . Ve get at i on consists of weeds, the trees having been removed when the structures on the sit were removed . The s i t e is bounded on the north by West Belleview Avenu e , on the e as t by t he west proper ty line of the K-Mart store and also the west property line of Sou t h Slope Condomi niums, on the south by Lebow Av e nue and Bi g Dry Creek, an d on th ' west by an existing single-family development which has access t o South El at i Drive . See the attac hed vicinity map for land use characteristic s. BACKGROUND OF PREVIOUS CITY ACTION: The subject site wa s p art of Annexation Ordinanc e Number 13 of 1964 and was z one d R-3 after being annex ed to the City. Prior to Nr. Hetzel's purchas e of th site , there wer e three houses alon g Miramonte Road which were owned by th Ba sho r fa mily and three houses and an ambulance company with fr ontage on Wes t Be ll evi ew avenue. The north portion o f th e Slope Sl o pe d vel opm ent, Lo t 1 of • I • • ( • STAFF REPORT Page -2- • • .. PUBLIC HEARING POR A PLANNED DEVELOPME NT CASE NO. 34-85 South Slope Subdivision, is also part of this assemblage of land on the property . Mr . Hetzel, of Sanford Company, has acquired the different parcels to make up the 10 .83 acre site. In July of this year, the City vacated Miramonte Avenue at Mr. Hetzel's request, finding that there was no public purpose for the right-of-way. DESCRIPTION OF THE REQUEST: The developer proposes to construct a multi-family development of 312 dwelling units on the 10.83 acre site. Nine three-story apartment buildings are proposed with a mixture of one and two-bedroom units ranging in size from 690 square feet to 780 square feet, and two-bed~munits ranging in size from 910 square feet to 980 square feet. Open space accounts for approximately 40% of the site. Recreational amenties for the residents of the development will include a clubhouse, laundry facility, tennis court, volleyball court, pool, and picnic area with park area adjoining Big Dry Creek. A 25-foot landscaped greenspace with a six-foot priva cy fence will be provided along the west property line to buffer the adjoining single- family homes. Carports which will also act as a buffer will be provided throughout the site along with landscaping. RELATIONSHIP TO THE COMPREHENSIVE PLAN: The proposed Planned Developmen t is in conformance with the Comprehensive Plan. COMMENTS FROM OTHER DEPARTMEN TS: A technical review meeting was held on October 30, 1985, for the City Staff to comme nt on the proposed Planned Development; and the following comments were received: Public Works and Traffic Engineer: An updated traffic study is needed. A traffic signal might be needed at the entrance if the study shows the traffic generated meets the Colorado Department of Highways' requirements. Fire Department: The access and fire hydrant placement is acceptable. Hydrants and roadways must be installed and in service prior to starting combustible construction. Access road to pool area must support 50,000 gross vehicle weight . Utilities: Easements will be needed for water and sewer lines not in public streets. Note: The applicant is working with Utilities on this and easements which are to be granted to the City will be part of the construction document s. Engineering and Building: Have no problem with the design of the proposed development. Please note: As a result of the above Department comments , the applicant has added easements for water and sewer to the Development Plan. Other Department concerns hav reen added as an additional note on the Planned D velopment, which include the statements that: 1. The hydrants and roadways will be in place prior to combustible construct ion. • I • • ( ( • • • • STAFF REPORT Page -3-PUBLIC HEARING FOR A PLANNED DEVELOPMENT CASE NO. 34-85 2. Construction of the fire access lane will support 50,000 pounds gross vehicle weight. 3. A street light will be installed by the developer at the entrance to the development. 4. Relative to the comments of the Traffic Engineer and Public Works Director, the applicant is in the position of having to comply with both the Colorado State Highway Department requirements and the requirements of the City Traffic Engineer. The State Highway Department does not want a traffic signal installed at the Delaware intersection which lines up with the access to the proposed development because of the close proximity to the South Broadway/Belleview Avenue intersection. The Highway Department also stated that the traffic generated by the proposed development will not warrant a traffic signal. The City Traffic Engineer is concerned about the full turning movement from the new development, especially left turns onto West Belleview Avenue. He is of the opinion that a traffic light might be needed if traffic accidents result because of the apartment development. To resolve the issues the City Traffic Engineer has asked t o review the traffic generated by the development for a two-year period after the Certificate of Occupancy is issued. If, during that time, a traffic signal is warranted; the developer has agreed that he will install a signal at his expense. A letter from Mr. Metzel committing to the installation of a signal within that time period is attached. DEPARTMENT OF COMMUNITY DEVELOPMENT ANALYSIS AND RECOMMENDATION: After reviewing the plans for the Planned Development, it has been determine d that it conforms with the requirements of the Comprehensive Zoning Ordinance . Landscaping, parking layout, loading, access, drainage, lighting, recreation a l amenities and open space have all been incorporated into the design which conforms to City standards. Special attention has been given to buffer the development from the single-family area to the west with a six-foot privacy fence, a 25-foot landscaped setback and a carport structure. The building elevations have also been designed t o be sensitive to the s i n gle- fam i ly area to the west. The buildings whi c h have 44 units are designed to have only two-story construc tion on each end, rather than three storie s in elevation. This design will provide f o r fewe r windows on the end units which look onto the single-family area . I n working wi t h the architects, it i s t he staf f 's o pinion tha t a very thorough p roposal has been present e d. The staff r ecommen ds approva l of the proposed Plann ed Develo pment fo r 300 West Belleview Aven ue as presented. • I • • • - • - --- KMART 0 ,I ,Mil I 0 -r-:;;~ .... -0. IL.!....,J ! -.-· I t \ \ I ! \ .} -, I . \ ~ ' '• .. ( ( .\ .. .\ /1 \' • • • CITY OF ENGLEWOOD, OOLORADO 3400 SOUTH ELATJ STREET ENGLEWOOD, COLORADO 80110 Application for approval of a Develop.ent Plan I22.CA Planned Developaent Diatrict --------------------- Data: October 21, 1985 Do Not Write in Thia Space: Fee Paia : __ Caae Number: ________ __ Applicant: Na •a: Sanford Companies ')77) Cherry Creek Dr.N Date Received: ________ __ Address: 0 ,011 ,r 1 co enzos Telephone: )88-0907 Pre-application Conference: Owner of Property: N .. e: Sanford Companies Date of Hearine before Planning Commission : ________________ _ Addreaa: a~~,e~~eEfiY86269k Dr .~ Action Tlken : ----------Telephone : 388-0907 Date Received by City Council : Date of Hearing before Council : Action Taken : Conditiana l•posed : ________ _ Date Filed with Arapahoe County Clerk • Recorder : ____________ _ Subsequent Action : ________ _ !!£!.!.: If the applicant i& not tbe owner of the property, tbe applica- tion •uat be accompanied by the written authori£atton for auch action atcned by the owner or ownera ot &aid land, tocether with a atate•ent atcned by tbe owner or owners that they agree to be bouod by the regulations and conditiona which will be affective with the approval and recordin& of the Development Plan, INFORMATION TO ACCOMPANY APPLI CATI ON : (a) Prel1•1nary Pl an s . A Preliminary Plan showing the •ajor detaila of the proposed Planned Development at a acale of not lese than 1" • SO'and i n auff i cient d e tail to evaluate the land planning, building design, and other feature& of th e propoaad davelopaent. The Preliminary Plana aust contain, in&Qf'r ~f ~· a~plic~b}e~ the following •ini•ua tnforaatton : ~ .. !!..~/.~~,'·\' \ "\.C:.'\~.J'"~ • I • • ( ( • • • .. • 1. A Boundary survey; 2. The existing topographic character of the land; 3. The proposed land uses ; 4. The location of all existing and proposed buildinga, structures and improvement&; 5. The density and type of dwellings, includiDg typical elevations a nd showing aaxiaua height; 6, The major po1nta of access to public rights-ot-way, the internal traffic and circulation ayatems, it applicabl e, off-street parking areas , service areaa , and loading areas ; 7, The location, height and aize of proposed eign., fences, lighting and advertising devices including typical elevations; 8, Areas which are to be conveyed, dedicated or reeerved tor public purposes, including, but nnt liaited to, parks and recreational areas, scboola, public buildings, or other public purposes; 9 . Areas subject to a 100-year flooding cycle; 10. A ~:eneral landscape pl11n •·i tb aajor types of materials designated as to purpose; 11 . Designation of various stages for construction, if applicable. (b) Written Statement, The written statement with the Planned Development appl1cation shall contain the following ainimua information : 1. A statement of the present ownership and a legal description of all of the land included in the Planned Development; 2. An explanation of the objectives to be achieved by the development, including building descriptions, sketches, or elevations as may be necessary to des- cribe the objectives; 3. A devel opm ent schedule indicating the approximate date when construction of the development or atagea of the development can be expected to begin and to be completed; 4, Copies of any special agreements, conveyances, restrictions, or covenants which will govern the use, maintenance and protection of the development and public area s. (c) The applicant may submit any other information or ezbibita deemed pertinent to the evaluation of the proposed Pla~ned Deve lopoen t. Submitted herewith is the required tee of $ wbicb baa been established by the City Council according to a schedule for Planned Development application& to cover tbe coat of processing and review, In add ition, I understand that I •ill be required to post the property according to specifications set forth by the Department of Community Develop- aent and to pa y for the cost of the publication of tbe legal notice of the public hearing before the City Planninc and Zoning Commission and before the City Council, should the Council determine that it 1s to the public interest to bold a hearin~ on this appli c ation . Appcant (Corporat ion or individual owner) By : of b<:inll (OJiice or nos1t1on held) • I • • ( ( • • • • 10730 east bethany drive suite 108 aurora, colorado 80014 (303) 33 -4144 300 West Belleview Planned Development Present Ownership The parcel owned by: in this planned development proposal is presently Sanford Companies 3773 Cherry Creek Dr ive North Suite 535 Denver, Colorado B0209 The land included in this planned development is described as follows: Plot 6, INTERURBAN ADDITION, Co unty of Arapahoe, State of Colorado. Containing 122,633 square feet or 2.815 Acres more or less. And including, Lot 1, SOUT H SLOPE SUBDIVI SION, County of Arapahoe, State of Colorado . Contain i ng 51,422 square feet or 1.18 Acres more or less. And including, Part of Block 7, I NTERURBA N ADDITION, County of Arapahoe, State of Colorado, describ ed as: Beg inning 1,322.5 feet West and 840.2 feet South of the North one-quarter corner of section 15, Township 5 South, Range 68 West of the 6th P.M., thence South 215.8 feet; thence S63 °30'W 100 feet; thence N 28°24'W, 378.3 feet; thence S 7 4°56'E, 279 feet to the Point of Beginning, INTERURBAN ADDITION, County of Arapahoe, State of Colorado. Containing 47,480 square feet or 1.09 Acres more or less. And including, Lots 1-14 inclusive, and vacated Miramonte Road R.O.W., MIRAMONTE SUBDIVISION, County of Arapahoe, State of Colorado. Containing 250,427 square feet or 5.748 Acres more or less. Development Schedule Following the City of Englewood approval process, the developer plans to proceed with construction in March 1986. Construction will be done in one phase with occupancy planned in September 1987. 1 • I • • ( ( • • • .. )00 West Belleview Planned Development Objectives This planned development submittal proposes s multi-family development of 312 units on a 10.83 acre site west of South Broadway on West Belleview Avenue. The site is presently zoned R-3, High Density Residential District. This zoning allows for 40 units per acre. Site density proposed for this parcel is 28.8 units per acre. One main boulevard s ty le entry is proposed from West Belleview Avenue into the planned community. West Belleview Avenue will be improved to State Highway Department standards by the construction of an accelleration/decelleration lane along the property frontage. Also proposed is the reduction of the speed limit for east bound traffic from 40 mph to 35 mph. While lessening the impact of new project traffic, these improvements will also allow for the City of Englewood street tree planting standards to be met. Colorado State Highway Department standards do not allow trees to be planted within 30 feet of the existing roadway if the speed limit exceeds 40 mph. Nine 3-st ory apartment buildings are proposed for this site. Three different building types are proposed to add d ive r si t y in size/sc ale and character. A mixture of one and two bedroom units will be provided with one bedroom units ranging in size from 690 square feet to 780 sq uare feet and two bedroom un1t s ranging in size from 910 square feet to 980 square feet. Due to the reduced density of the proposed development, open space land accounts for approximatly 40% of the site, which far exceeds the required 25% of land area. Recreational ammenities for the residents of this community will inclu de a clubhouse facility with party rooms , lounges, and a large laund ry facility. Al so provided is s tennis co urt, volleyball court, pool, and picnic area with extensive park area adjoining Big Dry Creek. A 25 foot landscaped greensp ace with a six foot privacy fence will be provide d at the west property line to buffer the adjoining single family homes . Carports will be provided throughout th e site with similar architectural style and colors as the buildings . These structures will also act a s a buffer to the surroundi ng property owners on the east, west, and south prop erty lin es . Extensive landscapi ng wi ll be provided throughout the site. 2 • I • • ( ( • • • - 96/6 10730 east bethany drive suite 108 aurora, colorado 80014 November 14, 1985 City of Englewood Planning Department 3400 S. Elati Street Englewood, CO 80110 Attn: Sue King Re: 300 West Belleview Ave. Planned Development Traffic Impact Ms . Sue King, (303) 337-4144 The 300 West Belleview Ave. planned development submittal p r oposes a multi-family developme n t of 312 units on a 10.83 acre site on West Belleview Ave. approximately 1340 feet west of the i nt ersec t ion of South Broadway a nd West Belleview Ave. Because West Be l leview Ave. is a state highway, the pr o posed development p l an has been reviewed by both the Co l or ado Department of Highways and by the City of Englewood traffic engineer ing department. The City of Englewood traffic engineering department suggests the possibility of a traffic signal being located at the intersection of West Belleview Ave. and South Delewar e Street which is also the location of the proposed entry to this development. The Colorado Department of Highways has indi cated that the location of this intersection is too close to the intersection of South Broadway and West Belleview Ave. for a signal to be installed. General state highway guidelines dictate signal s pacing for smooth traffic progression to be between 1/2 to 1 mile apart. The Delaware intersection lies approximately 1/4 mile from South Broadway and thus would not be the optimum location for signalization and in fact may impeed the flow of traffic through the area. Pres e nt traffic volumes in the area would be impacted by an increa s e in volume of approximately six percent. Peak hour vo lume s on the major intersection at West Bellevi ew Ave. and South Broadway would be increased by approximately three percen t . Twenty year traffic volume projections indicate that with the increased traffic in the area from other new development, the impact at that time from this development would be only three percent total impact. • I • • ( • P age 2 S u e King 11/14/BS • • • The Colorado State Highway Department has certian traffic volume and site condition requirements in order for a traffic signal to be warranted. At the present time these conditions are not met although there is impact on the area. In order to minimize these traffic impacts on the area several improvements will be made. The site density as allowed by present zoning allows for 40 dwelling units per acre. The proposed development calls for only 2B.B dwelling units per acre thereby decreasing the allowable projected traffic at the onset. Also, a 12 foot accelleration/ decelleration lane will be constructed to Colorado State Highway standards along the entire property frontage. This construction will minimize the mid-block traffic flow interruptions caused by project traffic. The reduction of the speed limit from 40 mph to 35 mph is also proposed with the development plan to ease traffic progression interruptions in the areas adjacent to the site. One boulevard style private entry drive is proposed for the development and i~ directly aligned with South Delaware street in the advent that signalization i s warranted at a later date. At the prese nt time these improvements will be an adequate solution to the traffic i mpac t from this development on the surroundi ng area. In the event that these conditions change, or the projec tions /ass umptions prove to be in error, the property owner/ de eloper agree s to participate in the cost of installing a lraff1c signal at the intersection of West Belleview Ave. and South Dela ware Street. This agreement will extend for a period of t o ears after the issuance of a final ce rtifi c ate of occu ancy. In co nclusion, the ste p s that will be taken during construction of l lS proJect will alleviate th e major traffic impacts du e to de~elopment . If conditions along West Belleview do c hang e, the o ner/deve loper will participate i n any further improvements a s warranted to satis f y the problem. Sincere:~ , ~ ~lis~ Wagner Johnston Associates Inc. I have reviewed the above and agree to the conditions as stated. ~~+(.J~ Sanfo rd K. Metzel Sanford Companies Owner/Develop er cc: SKM, WJA I • • ( • 10730 east bethany drive November 14, 1985 aulte108 • • • aurora, colorado 80014 City of Englewood Traffic Engineering Department 3660 S. E1ati Street Englewood, Colorado 80110 Attn: Mr. Joe Plizga Re: 300 West Belleview Ave. Planned Development Traffic impact Mr . Joe Plizga, (303) 337-4144 I have gathered some figures from the Colorado State Highway Department records r e garding traffic volumes in the vicinity of the proposed 300 West Belleview Planned Development. I hope these will be useful to you in your analysis of the area. I am also enclosing a copy of the letter of agreement for the funding of a signal at West Belleview Ave. and South Delaware Street for your review. If you have any questions or comments please feel free to give me a call. Colorado State Highway Traffi c Survey 1984: W. Belleview Ave. traffi c count from Windemere to S. Broadwa y for a 24 hour period (total both dire c tions ): 28,700 Twent y year projected volume increase: 1.8 (28,700 x 1.8: 51,660 for year 2005) Proposed development of 312 apartment units at 300 W. Belleview: Peak hour trips 7AM to 9AM Enter: .1 x 312 : 31.2 trips Exit: .4 x 312 = 124.8 trips 4PH to 6PM Enter: Exit: (these figures would be west bound traffic) .4 x 312 : 124.8 trips .2 x 312 = 62.4 trips divided equally between east and Since~ ,/// ~'ishPW'. Wagner Johnston Associates Inc. cc:S u e King, WJA • I • • - ( • DEPARTMENT OF HIGHWAYS D istrict 6 2000 Soulh Holly Slreel Oen•or. Colorado 80222 (303) 757-8011 November 14, 1985 Sus an Ki ng , Se nior Planner Englewood Planning 3400 So uth Elati Enplewood , Colorado 80110 Re: 34 -85 , 300 West Belleview Avenue Dear Susan : • • • We have r eviewed this proposal and o ffer the following : Aaaess to this site will have to be designed an d aonstr uated in aonformanae with the State Highway Acaess Code . Roadway widening will be r equir ed for speed ahanpe lanes , left turn lanes and may inalude curb, gutter , sidewa lk , s torm sewer system and Highway signing and striping. The proposed aacess must be properly aligned with South Delaware Str eet. We request that no evergr een trees be planted on the s outh side of Belleview, that will shadow the r oadway during winter season. We will not allow ANY on-site drainage to enter the surfaae of the Highway . In - stall or extend any-drainage structures or storm sewers that may be assoaiated with the development . We r equest the aity to require on site dra inage detention to minimize effects on down stream s t ructures. Attached is a copy of r eduaed Right-of-Wa y Plan of the area. that you show ties to e x isting right-of-way and eation line . matah our right-of-way plans. It is recommended Your plans sh~uld Approximately i of the 80 units in the two building along West Belleview Avenue (S .H. 88), may be exposed to noise levels in excess of the federal design noise level of 6? deaibles. The Highway Department does not have any noise abate"1ent program for homes tha t are built after the high~y. Any noise barrier built by the developer would have limited effectiveness because the access to Belleview would require a break in the barrier. Any work within the Highway right -of-way will r equire a Permit fr om this o."'f'ice at 5640 East Atlantic Plaae , Denver , Colorado 80224. If you should have any questions, please call on Burkholder at 757 -9514. • I • - ( • ( • ~4 -85 , 300 We st Belleview Avenue PagC' 2 - Very truly yours , RICHARD J . BRASHER Distr ic t Engineer ~~~ /OR VILLE A. RHOADES ~~aintenance Superintendent OAR/DB /ssa Enclosure cc: Brasher/Bovee G. Prentiss File (S.H . BBJR • • • I • • • ( • • • - CITY PLANNING AND ZONING COMHIS SI ON ENGLEWOOD , COLO RAD O IN TH E MA TT ER OF CA SE #34-85, FI ND ING S OF FACT, CON CLU SIONS AND RECO ~ll-fEN DATI ON S RELATING TO THE APPL I CATI ON TO APPR OVE A PLANNED DEVELOPME NT FOR A PARCEL OF LAND AT 300 WEST BELLEVIEW AVENUE, PURSUANT TO SECTI ON 16.4-15 OF THE COMPREHEN SIV E ZONING ORDINANCE OF TH E CITY OF EN GLEWOOD, COLORADO. THE DECISION OF TH E CITY OF ENGLEWOOD PLANNING AND ZO NIN G COMMISSION FILED BY: Sanfo r d Companies , Sanford Metzel , President 3773 Ch e r ry Cr eek Drive North De nve r, Colo r ado 8 02 0 9 FOR PROP ERTY LOC ATED AT : 300 West Belleview Ave nue This ma tt e r c an.e b efore th e Ci t y Pl a nni n g a nd Zonin g Commissio n on November 19, 1985 u po n the application of Sanford Metzel, President of t he Sanford Compa ny and own er of the p r operty at 30 0 We s t Belleview. Those members of the Planning and Zo n ing Commission who were present were: Messrs. Mesa , Steel, Allen, Barbre, Beier, Carson and Gourdin. Mr. Ma gnuson was absent. The applicant, Mr. Sanford Metzel, and his architect, Mr. Doug Wagner, were present and ~lr. Wagner gave testimony and evidence to the Planning Commission. The Staff Report and testimony were received by the Commi ssion and incorporat d into the Record of the Public Hearing. After co nsidering the statements of the witnesses and reviewing the documents entered as evidence into the record of the Hearing, the Members of the City Planning and Zoning Commission made the following Findings and Conclusions: FINDINGS OF FACT 1. That the Public Hearing was initiated by the filing of an application for a Planned Development for the property located at 300 West Belleview Avenue. 2. 3. 4. That the notice of Public Hearing was given in the Englewood Sentinel, the official City newspaper, on November 6, 1985; and the property was posted no less than fifteen days prior to the date of the Public Hearing. That the property being considered is a 10.8 acre site of which 9. 74 acres are in Englewood and 1.09 acres are in the City of Littleton. That the property was annexed to the City in 1964 and an R-3 Hi~h-nensit y Residence District classification wa s placed on the pro p rty . • I • • ( ( • 5 . • • • -2- That until 1981, it was poss ibl e to have a density of 70 units per acre in the R-3 zan ~ classification with a density bonus for parcels over on e acre in size. 6. That in 1983, the City amended the permitted density in the R-3 District to permit a maximum density of 40 dwelling units to the acre with no bonus for assembling property. 7. That in evaluating the proposed Planned Development, Commission members f ound the following design features: a. The density is 28.8 dwelling units per acre. b. The usable open space required by the Ordinance is 25 percent, and the proposed development has 40 % of the site in usable open space. c. The maximum building height in the R-3 District is 60 feet; the maximum building height in the development will not exceed 45 feet to the highest point of the r oof. d. The Zoning Ordinance requires a 25 foot buffer strip with landscaping and privacy fence alon g the property line of the multi-family site when it is adjacent to a single-family zone district; and the applicant h as provided for this along the west property line. e. The Zoning Ordinance requires 1.7 of f-street parking spaces for each dwelling unit; the applicant is proposing 312 dwelling units with 532 off-street parking spa ces , whi c h complies with the requirement. f. The applicant has committed t o providing for the cost of a traffic signal if it is required by the City Traffic Engineer after studying the traffic patterns for a two-year period following the issuance of a Certificate of Occ upancy . g. All of the City staff con cerns were incorporated into the design o f th e Planned Development prior o review by the Commission. 8. That Mr. Doug Wagner, the architect retained by Mr. tzel, testified that an accelera tion/d eceleration traffic lane along W st Belleview Avenue is provided for access t o the site pursuant to th e r quirem nt of the Colorado Department of Hi ghw ays. 9. That Mr. Wagner further testi fied that: a. The area alon g Big Dry Creek in th 100 year flood plain ~o.•ill be used for a tennis c ourt , volley ball court, open space and landscaping. b . c . The apartment dev elo pm en t will b built out with one co nst ruction loan ; r ental rates will be from $420 t o $550 per month; an d it will be an adult community. The structures on the west sid of the site and parallel to th e Signal Hill Addition Subdivision will be set back 100 feet fr om property line. d . The ends of thP structurPs containing 44 dwelling units will be tw o- stories stepping up t o three-st o ry cons truc tion construc ti on in th mld dl£> po rti on of th r struc ture . • I • • ( ( • 10. 11. 12. • • • -3- e. Additional a ccess from West Lehow Avenue is no t po ssibl e bec au s e Big Dry Creek crosses the Avenu e at the property line ; however, additional emergency access could be provided al o n g the fire lane easement through the South Slope Condominium deve lopment which is directly south of the subject site. f. The emergency access as shown on the Development Pl an meets with the requirements of the City's Fire Ma rshal and Fire Department. That the following persons testified befo r e the Commission in this matter: a . Mr. James Finn, 5166 South Elati Drive. b. Ms. Linda Luty, 5165 South Elati Drive . c. Ms. Ruth Kelley, 5145 South Elati Drive. d. Ms. Pat Smeaton, 5155 South Elati Drive. e. Mr. Roy Hankle, 5050 South Delaware Street. f. Mr. Roger Newman, 5090 So uth Elati Stree t . g . Mr. Dave Lone, 5045 South Delaware . That their testimony addressed their c on cern rega r d in g the apartment vacancy rate, fire access, buf f erin g and by the proposal. bu ild ing height , traff ic gen era ted That no other persons addressed the Commiss ion f or o r a gainst the proposed Planned Develo pme nt. CONCLUSIO NS 1 . That p r oper notice was given of the Public Hearing held on Nov e mber 19 , 1 9 85. 2. That the applic ation filed by Mr . Sa n ford He t zel, President , Sanford Companies, for property loca t e d at 300 lvest Belleview Ave nue , complies with the Planned Development and R-3 , High-Density Residen c e Distric t re gu l a tions. 3 . Th a t the proposed Planned Develo pment is consistent with the intent a nd purpose of t he Ci t y Comprehensive Plan. 4 . 5 . 6. That the acc e ss to the site o n West Bellevi ew Avenue will be studied by t h e Traff i c En gine er f or two years after a n occu pancy p ermit is i ssued to deter min e if a traffic sign al s hould b e in s t a l led. That i f , in the o pinio n of t h e City Traffic Eng ineer, a traffic si gnal is wa rranted, the d eveloper agrees to pay for the si gnal . Tha t f ire a cces s in th e sou theast section of th e d evelopment will be req uired to alig n wi th th flre lane easemen t o n t h e east side of th e Sou th Slope deve l o pm ent. • I • • ( ( • • • • -4- RECOMMENDATION Therefore, it is the recommendation of the City Planning and Zoning Commission to the Englewood City Council that the application of Mr. Sanford Metze! for a Planned Development to construct a 312 unit apartment complex be approved with the following stipulation: 0 1. There shall be a two-year traffic study following the issuance of the final Certificate of Occupancy; if, in the opinion of the City Traffic Engineer, a traffic signal is warranted at the South Delaware Street/West Belleview Avenue intersection, it shall be installed at the expense of the developer. 2. A fire crash gate access shall be installed on the southeast corner of the property to provide emergency access from the south through the South Slope development via the east fire lane. Upon a vote on a motion made by Mr. Carson and seconded by Mr. Allen, the following members voted in favor of the 300 West Belleview Planned Development: Messrs. Stoel, Allen, Barbre, Beier, Carson, Gourdin, and Mesa. Mr. Magnuson was absent. This dec ision and these Findings of Fact and Conclusions are effective as o f the meeting of the City Planning and Zoning Commission held De c ember 3, 1985. BY ORDER OF THE CITY PLANNING AND ZONING COMMISSION. ~4-,.&e • I • • • • • .. RESOLUTION NO. SERIES OF 1985 63 A RESOLUTION APPROVING AN ADDENDUM TO THE 1984-1986 COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND THE ENGLEWOOD EMPLOYEES ASSOCIATION EFFECTIVE JANUARY 1, 1986 THROUGH DECEMBER 31, 1986. WHEREAS, an Addendum dated December 16, 1985 by and between the City of Englewood and the Englewood Employees As- sociation has been executed by representatives of each of said parties; and WHEREAS, said Addendum was duly ratified by a majority of the members of the Englewood Employees Association. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: ATTEST: Section 1. That the Addendum of December 16, 1985 to the 1984-1986 Memorandum of Understanding between the City of Englewood and the Englewood Employees Association be approved to reflect that effective January 1, 1986, each employee covered by the terms of the 1984-1986 Memorandum of Understanding will receive a 4% wage in- crease on his/her annual salary. ADOPTED AND APPROVED this 16th day of December, 1985. Eugene L. Otis Mayor ex officio city Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify the above and foregoing to be a true and complete copy of Resolution No. ~, Series of 1985. Gary R. Higbee I • • • • • • ADDENDUM TO THE 1984-1986 CONTRACT BETWEEN THE CITY OF ENGLEWOOD AND THE ENGLEWOOD EMPLOYEES ASSOCIATION This Agreement entered into by the authorized City represen- tatives and the Englewood Employees Association shall be a mutual request of the above-named parties that the City Council modify the current wage provisions as contained in the 1984-1986 Memo- randum of Understanding, to reflect that effective January l, 1986, that each employee covered by the terms of the 1984-1986 Me morandum of Understanding receive a 4' wage increase on his/her annual salary. The parties respectfully request this modification and by their respective representatives have placed their signatures thereon, on this 16th day of December, 1985, at Englewood, Colorado. CITY OF ENGLEWOOD ENGLEWOOD EMPLOYEES ASSOCIATION ; <:. ~. I • • • • • - RESOLl1I'ION 00. ({; + SERIES OF 1985 __ _ A RESOLl1I'ION SUPPORTING A STATE MAN!Y\TORY SAFETY BELT USE LAW TO REDOCE INJURY AND IMPAIRMENI'S BEx:::AUSE OF MCYrOR VEHICLE CRASHES. WHEREAS, the effectiveness of safety belts in reduc ing deaths and injury severity in motor vehicle crashes has been doci.Jllented in ni.Jllerous studies; and WHER~, there has been a significant reduction in injuries, deaths and economic losses in jurisdictions Where mandatory safety belt laws have been in effect; and WHEREAS, public health and safety legislation has been enacted at the state and federal levels; N<M, THEREFORE, BE IT RESOLVED BY THE CITY COUOCIL OF THE CITY OF ENGLEWOOD, COLORADO: '!hat the City Council of the City of Englewood strongly supports state mandatory safety belt use laws to reduce human suffering and impairments because of motor vehicle crashes. ADOPTED AND APPROVED this 16th day of December, 1985. Attest: Eugene L. Otls, Mayor ex officio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and complete copy of Resolution No._k£, Series of 1985. Gary R. Higbee • I • • - " .· • • • • To: Mayor Otis and Members of City Council FROM: Andy McCown, City Manager DATE: December 12, 1985 SUBJECT: Seat Belt Legislation Recently I received a request from Dr. Roy Lininger for the City to consider approving a Resolution supporting legislation for mandatory usage of seat belts. Attached is a copy of the Resolution and a fact sheet. I did not know whether you wished to support this or not so I have included it in the study packet ma terials only. If you do wish to support it, you can bring it up under Council Member's Choice. /b~t~{ :;3?~-t~~~ ~ LAndy , ccown Cit Manager AM/sb cc: Peter Vargas, Assistant City Manager Susan Powers, Assistant City Manager Jack Olsen, City Attorney Dorothy Dalquist, Public Relations Specialist Jim Espinoza, Administrative Assistant • I . • • - ___ ,,_Are You r\Jttin3 Me On?·.--- /r FACJ'S FOR A SEAT BELT USE L/>V,.; IN illLORAOO IT'S NEIDI:D The single , most effective traffic safety measure that can be tak ~n to reduce death and injury on Colora<b roadways is to require the uEe of seat belts. -In 1984, 452 feople were killed in auto crashes in Coloram. Another 37,047 were injured. -Statistics show that CNer 90 {:ercent of the fatal a c cident victil!S in 1984 were not wea ring seat belts. -Cur renUy, only 13% of p:-opl in Co l ot ad:> consistenU y us:; se a t belts. The only way to sws tanti ally increase this usag i s to re::~uire, through legislation, a sea t belt usage law. 1\Uto accidents inpos;, a staggering cost on soci ety. IT WORKS -'lll e direct eoonanic costs to the nation of autanobile accidents in 1983, cons=tvatively estineted, were $43.3 billion. -Auto accidents are the leading caus= of epilepsy (fran head injury) and p:~rcplegia (fran damage to the spinal cord ) in the u.s. At an average cost of $58,000, spinal cord injuries fran autanobile accidents cost society nearly $220 million p:>r year. -It is estirrated that autanobile f a talities in Coloracb in 1984 cost $94,900,000. -'llle cost to Colorad? enployers as a result of traffic fatalities was nearly $78 million. -If 50% of the plblic had been wearing seat belts in 19 84, there would have been 95 few e r de a ths and 4,650 few e r injuries . That r~resents a &:wing s of $48.8 million oollars in wag e loss, medi cal expenses , insurance claims and other irxlirect losse s . Since 1970, 39 countries and jurisdictions have enacted seat belt lawz. 'lhese safety r equi renents have increased belt usage by ap{roxirro tely sm, worldwide. -A stuclj l:7j the SWedish car manufacturer, Volvo, indica ted that in 28,000 accidents in SWeden in 1979 ro fatalities occurred involving scat belt UOC!rs until crash SIEeds of 60 ll'{11 or greater wer e attained; non-belted fatalities occurred at crash SIEeds az low a s 12 q:h. &./eden has had a OC!at belt law since 197 5 and usag i at 85% • ) I • • • - -Great Britian's mandutcry OC>at belt law, which took effect in 1983 , result£-d in an increase in ac ·at belt usc rates iran 40'1, bcfot e the law to 9 5~ after the law. Front scat occuranl fatalities we re reportedly reduo=d by 23~, injw-ies by 26% - A safety belt ua: law in Australia has been in effect since 1972. D..lring the First tw o years of the law, there wa s a 30t reduction in eye injuries, 501. reduction in spiml injuries, and a 5l% drop in drivers acinitted to hospitals. Despite Australia's oontinued increase in registered vehicles during the lJ y ears since the law became effective, fataliti es ha'J e oontinued to de c line. INDIVIDUAL RJGH'ffi -'lhe p::>wer to re<plate and oontrol the Oferation of rrotcr vehicles on public roads is the resp:msibility of the st.at . -'lhe privilege, oot the right, of holding a driver lio=ns= already r9:1uires oonformity with many rules which are a loss of freerlom to the individual. A belt us= law, therefore, is nothing new in principle . -No ore has the "right," after an a cci den t , to irrpne on thE taxpaying plblic the oostb of clearing the seen , nedical care, and OOmfenS:~tion for the disabled. -No ore has the "right" to force insurance rates higher for e<.•e ryore due to unnecessary claims for non-belt wearers invol Vl?d in accidents. -'lhe debate over the right to choos= beoomes moot when the oosts to society in terms of nedical rehabilitation, unenployment and welfare services Sup:!rsede the "right" of feOple to seriously or fatally injure thens=lves by not using seat belts . IT'S ENFORCEABLE -Belt use laws d:> not r9:1uirE roadblocks or stringent enforcement caTl£:Bigns. -Seat belt laws are typically enforo=d during routine p::>lice procedures, much like the driver lio=ns= law. -A police officer can readily determine if shoulder belts are being used when he app:oaches the car. -M:>st citizens obey laws a rnaja:ity of the tine without p::>lioe surveillance. YOO G.N HELP There is supp:>rt for seat belt legislation. -CNer 50 organizations have joined the Colorad:> Coalition for Seat Bcl t Use to urge JBSS:!ge of a seat belt law. Your active supp:>rt ·of seat belt us= legislation in Cola:ado will help save lives and reclua= injuries. Cola: ad:> Coalition for Seat Bcl t Use 6061 s. Willow, Suit 228 Engl ewcxx'l, Color acb 80111 (303)779-5455 • I • • • • • • ]/tJ /86 Andy, The following i s for your information concerning th e "a pproval" of Council concerning Olsen's request at the l as t Council meeting. When Janice prepared the minutes, she did not have access to th e tape (it was being duplicated by the police department fo r 1et:el ). She asked me to shoh' Jack the draft of the minutes and see if she had interpreted hi s s tatem e nt co rr ec tl y . My memory of th e s tat eme nt was that h e asked Council to consider the up grading , but when showed him the draft he co n fi rm ed that Council approved the mat t e r. The tapes came back today and th e tape tr a n scribed is as fo llows: Olsen: Would you formalize approving raises of 4.8 1 for my three legal employees, 4 ~ for two non-legal employees with the view toward s upgrading the positions of Debra Brizce, the part-timer, and 'ancy Fritz in the next six months. This was approved -so I guess it's all in how you interpret "vie"' toward upgrading." I know you didn't n s L for this, hut thought you might want to • I • •