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Home My WebLink About1984-03-05 (Regular) Meeting Agenda• - • • • ( 0 City Council Meeting -Regular March 5 , 1984 • • • • • 0 0 ~~~~ 'A~~ 19fl ~ ~ ~ tt 10; 1/_ ld( {f/t-~~ ~ j}; 4 If; /~ I .3 I . • • ( • 7:30 P.M. 1. 2. 3. • • • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MARCH 5, 1984 C•ll to o(d~<~invoc•tion by Reve<end~hn, Seventh Day Adventist Church, 2675 South Downing Street, pledge of allegiance by Boy Scout Troop 192, and roll calj; _0 ( ~ 5-.k . If-- Minutes. ~ (a) Minutes of the regular meeting of February 21, 1984. (Copies enclosed.) Pre-Scheduled Visitors. (Please limit your pre- sentation to 10 minutes.) Other Visitors. to 5 minutes.) (Please limit your presentation 4. Public Hearing. 5. Communications -No Action Recommended. (a) Minutes of the Housing Authority meeting of December 7, 1983. (Copies enclosed.) (b) Minutes of the Water and Sewer Board meeting of January 4, 1984. (Copies enclosed.) (c) Minutes of the Planning and Zoning Commission meeting of February 7, 1984. (Copies enclosed.) • I • • - ( • • • • Page 2 March 5, 1984 Agenda 5. Communications-No Action Recommended (Continued). (d) Minutes of the Downtown Development Authority meeting of February 8, 1984. (Copies enclosed.) (e) Memorandum from the Director of Community Development concerning a trip to Los Angeles. (Copies enclosed.) 6. Communications -Action Recommended. (a) ~~ ~(b) (c) ~ ~(e) (d) Council Communication from the Planning and Zoning Commission concerning proposed compre- hensive amendments to the Comprehensive Zoning Ordinance relating to 22.4-11, 22.4-13, 22.4C and 22.7. (Copies enclosed.) Council Communication from the Water and Sewer Board concerning Big Dry Creek Interceptor. (Copies enclosed.) Council Communication from the Water and Sewer Board concerning Water Distribution Network Analysis. (Copies enclosed.) Council Communication from the Water and Sewer Board concerning the City Ditch License Agree- ment. (Copies enclosed.) Council Communication from the Water and Sewer Board concerning the Sewer Master Plan Update. (Copies enclosed.) 7. City Attorney. Ordinances on Final Reading. (a) ~ (b) C-6~' 0 ~~y Ordinance amending Article I, Chapter 6, Section 9, of the Englewood Municipal Code, 1969, as amended, providing for quarterly reports rather than monthly reports from the Municipal Court to the City Council of all notices and citations issued, among other information. (Copies enclosed.) Ordinance approving an agreement between the City of Englewood, Colorado, and the Central Colorado Library System regarding reciprocal borrowing program. (Copies enclosed.) • I • • -• • • Page 3 March 5, 1984 Agenda ( 7. City Attorney (Continued). Bill for an Ordinance. (c) Bill approving an agreement with Metropolitan flJ.llll Denver Sewage Disposal District No. 1, pro- ~~ viding for special connector status for the City of Englewood. (Copies enclosed.) Other Matters. I" ,(if . v!>· ., (d) ~ NV-f-13-~~ ~,to Report concerning the Odd Fellows vs. City of Englewood. Report concerning the Water Tower (Rich, et al) vs. City of Englewood. Attorney's Choice.-~ {,.~/'•;.:: "liu..j> ~ ..u.4.A. ~ • 8. (f) City Manager. -L.~rV~u~c~~t' --1/UA\..~ /l;a.M.A.. 'J e.(~~~ ~) (a) (b) Council Communication from the Director of the Wastewater Treatment Plant concerning award of purchase of aeration equipment for 1984 Englewood expansion. (Copies enclosed.) ~(c] Council Communication from the Director of the Wastewater Treatment Plant concerning award of purchase of pumps for 1984 Englewood expansion. (Copies enclosed.) Manager's Choice. 9. General Discussion. (a) Mayor's Choice.-~~~~4..u....Lt--~ r-,;-. . ; . '"~·-. (b] Councll Meobe<'s Cholce. -~~~ /, 10. A~jou<nment. ff:OB(j:?fh ~ ~ (kf 1 ~~~:""-0\ Lc_ ANIW ;(c /~OWN City Manager AM/sb • I • • • • • • AGENDA ITEM PRESENTED BY ------ 1:..3.o -,rn . ~};.~~ ~~'i~ 'p ~ ~ ~u-uA-~ (U_~ ROLL CALL Moved Seconded Ayes Nay Absent HTgday Neal Vobeida Weist Bl lo Bradshaw Otis MOTION: • Absuln I . . • - • • AGENDA ITEM -----PRESENTED BY -------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain HIQCiay ,.._ Neal .,__ Vobeida &.-- Weist .....- Bllo ~ Bradsh-""""" Otis ,..._ MOTION: • I • • • • - • • AGENDA ITEM I a__ PRESENTED BY -------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain liTQaiY £-.-- Neal -Vo be1da -v Wels t -Rllo -v Bradshaw -Otis - MOTION: I • • • • • • - • ,. • 2-- AGENDA ITEM -----PRESENTED BY -------- ROLL CALL Hoved Seconded Abstain HlgGay Neal Vobe1da Weist Bilo Bradshaw Otis MOTION: • I • • • • • • • AGENDA ITEM __ )--'----PRESENTED BY -------- ROLL CALL Hoved Seconded Ayes Nay Absent Abstain Hlqdav Neal Vobiida Weist Bllo Bradshaw Otis MOTION: I • • • • • - • • AG ENDA I TEM __,6""-----PRESENTED BY -------- ROLL CALL Moved Seconded Abstain Hlgday -Neal -Vobei d a -v-Wei s t -Bilo -~ Bradshaw -Otis - MOTION:~ I • • • • AG ENDA I TEM !)d. -1 -II 1 -13 '1 c. 1 • • • MJ~~~ ROLL CALL Moved Seconded Ayes Nay Absent Hlgaay Neal -v V obe ida -Weist Bllo y Bradshaw -Otis - MOTION: ~ ;Q ~ J ~ r~e;y~ • • Abstain I . • • • • AGENDA ITEM __:61o£~h~-- ROLL CALL Moved Seconded Abstain I? Hloday -Neal -v Vobeida -WeTst Bi lo -Bradshaw -Otis - I • • • • • • AGENDA ITEM 6 c.- ROLL CALL Moved Seconded Ayes Nay Absent Abstain -Hlgc:lay -Near Vobeida v Weist -Bi lo Bradshaw -Otis I • • • • • - AGENDA ITEM PRESENTED BY ROLL CALL Moved Seconded Ayes Nay Absent Abstain -Hladav NeaT - // Vo be1da -Weist Bllo Bradshaw - Ot i s - I • • • • • • • AG ENDA I TEM __.6"'--f2..;....::.... __ ROLL CALL Moved Seconded Ayes Nay Absent Abstain HlgCiay Neal -v Vobeida ~ Weist -Bllo -Bradshaw -Otis - • I • • • • • - • • AG ENDA I TEM P ~E ~DBYALl ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlg<lay -Neal -Vo beida ,. Weist -Bllo -V" Bradshaw Otis - • I • • • • - • • AGENDA ITEM :?'~ PRESENTED BY ROLL CALL Moved Seconded Ayes Kly Absent Abstain Hlgelay -Neal Vobe1da -V"" Wei s t Bllo v Bradsh--Otis - MOTION: I • • • • • AGENDA ITEM PRESENTED BY ROLL CALL Moved Seconded Ayes Nay Absent AbstaIn ~y -Neal v Vobe;da -Weist -8110 -v Bradshaw - Otis - MOTION: c ~ .iJ I , I . . • • • • • AG ENDA I TEM 1 d P RES ENTED BY tik zJ4J- 1e- ~tfiu 1-13-8c/ q :#!Jat'V\. 'P· (ijj ~ };uJ % (1-W--~-t ~ ROLL CALL Moved Seconded Ayes N.y Absent Abstain Hlgclay -Neal - Vo b ei da -~ Weist Bllo - ~,.;"' Bradshaw -Oti s - MOTION: ~ ,J::i ( 2. I . • • • - • ' . • r I • • • - • • AGENDA ITEM -----PRESENTED BY-------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain ..... . H!.9<1CIY -Nea__J_ j,;"'" Vobe~da --We_!_st -Bllo -Bradshaw -Otis MOTION:~ ~ • I • • • • - • • AGENDA ITEM ~ ROLL CALL Moved Seconded Ayes Nay Absent Abstain ~ y Hlgday -Nea_! -_y Vobe_jda We_!_st _illo -Bradshaw -Otis - I . • • • • • - - AGENDA ITEM PRESENTED BY ~) ROLL CALL Moved Seconded Ayes Na Ab y sent Abstain HTQdav Neal - 1/' Vobe1da -y Weist Rllo -- Bradshaw - Oti s - I . • ManON' ~ 1 ~ ~ r:-2-A-t£ U! /U-11, 419 -tJ/--o::: I~ I~ g-cu._ t,/, 6 -7-3 • • - • • AGENDA ITEM PRESENTED BY ------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain 111gaay Neal Vobeida Weist BJ lo Bradshaw Otis MOTION: • I . • • • - • REGULAR MEETING: • • • COUNCIL CHAMBERS City of Englewood, Colorado February 21, 1984 /o_ The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on February 21, 1984 at 7:30 p.m. Mayor Otis, presiding, called the meeting to order. The invocation was given by Reverend Don Stallbaum, City on the Hill, Church of Denver, 71 East Yale. The pledge of allegiance was led by Boy Scout Troop 1115 and 1154. Mayor Otis asked for roll call. Upon a call of the roll, the following were present: Council Members Neal, Vobejda, Weist, Bilo, Bradshaw, Otis. Absent: Council Member Higday. The Mayor declared a quorum present. * * * * * * * Also present were: City Manager McCown Assistant City Manager Vargas City Attorney DeWitt Director of Community Development Sue Powers Director of Parks & Recreation E. P. Romans Assistant Director of Parks & Recreation Leon Kuhn Deputy City Clerk Owen * * * * * * * COUNCIL MEMBER BRADSHAW MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF FEBRUARY 6, 1984. Council Member Silo seconded the motion. Edits to the minutes were: 1) Council Member Vobejda asked that his name be substituted for Mr. Fitzpatrick's name due to the fact that Mr. Fitzpatrick was no longer a member and Council Member Vobejda was in attendance; and 2) Council Member Bradshaw noted on page 7 her abstention should appear in the vote. Upon a call of the roll, the vote resulted as follows: .--·~--------------------------~ • I • • - February 21, 1984 ' Page 2 Ayes: Nays: Absent: • • • Council Members Neal, Vobejda, Bilo, Weist, Bradshaw, Otis. None. Council Member Higday. The Mayor declared the motion carried. * * * * * * * COUNCIL MEMBER NEAL MOVED TO APPROVE THE MINUTES OF THE SPECIAL MEETING OF FEBRUARY 7, 1984. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Neal, Vobejda, Bilo, Weist, Bradshaw, Otis. None. Council Member Higday. • The Mayor declared the motion carried • * * * * * * * There were no pre•scheduled visitors. * * * * * * * There were no other visitors. * * * * * * * were: •communications ~ No Action Recommended• on the agenda (a} Minutes of the Urban Renewal Authority meeting of January 11, 1984. (b) Minutes of the Board of Adjustment and Appeals meeting of January 11, 1984. (c) Minutes of the Parks and Recreation Commission meeting of January 12, 1984. (d) Minutes of the Planning and Zoning Commission meeting of January 17, 1984. • • I • • • February 21, 1984 Page 3 (e) (f) • • • Minutes of the Public Library Advisory Board meeting of February 7, 1984. Memorandum from the Court Administrator to the Mayor and Members of City Council concerning the Municipal Court Fourth Quarter and End of Year Report for 1983. COUNCIL MEMBER WEIST MOVED TO RECEIVE ACTION RECOMMENDED• AGENDA ITEMS S(A) -S(F). seconded the motion. Upon a call of the roll, follows: •coMMUNICATIONS -NO Council Member Bilo the vote resulted as Ayes: Nays: Absent: Council Members Neal, Vobejda, Bilo, Weist, Bradshaw, Otis. None. Council Member Higday. The Mayor declared the motion carried. * * * * * * * City Manager McCown presented a letter from Mr. Glenn Waddell resigning from the Election Commission. COUNCIL MEMBER BRADSHAW MOVED TO ACCEPT MR. GLENN WADDELL'S LETTER OF RESIGNATION FROM THE ELECTION COMMISSION. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Neal, Vobejda, Bilo, Weist, Bradshaw, Otis. None. Council Member Higday. The Mayor declared the motion carried. Mayor Otis noted Mr. Waddell resigned from the Election Commission to serve on the Court Advisory Committee. * * * * * * * City Manager McCown presented a Council Communication from the Water and Sewer Board recommending approval of the Metropolitan Denver Sewage Disposal District No. 1. ,l • I • • - • • r • February 21, 1984 Page 4 • • • COUNCIL MEMBER BRADSHAW MOVED TO DIRECT THE CITY ATTORNEY TO PREPARE AN ORDINANCE TO APPROVE THE AGREEMENT. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Neal, Vobejda, Bilo, Weist, Bradshaw, Otis. None. Council Member Higday. The Mayor declared the motion carried. Council Member Bilo requested that Mr. Ted Hackworth be informed of Council's action. * * * * * * * Director of Community Development Sue Powers presented a Council Communication from the Planning and Zoning Commission con- cerning proposed amendments to the Comprehensive Zoning Ordinance, in particular to the R-2-C SPS Medium Density Residence District Special Permit System; R-3 High Density Residence District; R-4 Residential/ Professional District; and B-1 Business District. COUNCIL MEMBER BRADSHAW MOVED TO RECEIVE THE COUNCIL COMMU- NICATION AND DIRECT THE CITY ATTORNEY TO PREPARE A PROPOSED ORDINANCE IN PREPARATION OF A PUBLIC HEARING. Council Member Neal seconded the motion. Upon a call of the roll, the vote resulted as follows: -Ayes: Council Members Neal, Vobejda, Bilo, Weist, Bradshaw, Otis. Nays: None. Absent: Council Member Higday. The Mayor declared the motion carried. * * * * * * * Director Powers presented a Council Communication from the Urban Renewal Authority requesting transfer of funds in the amount of $409,470 from the Public Improvement Fund for the purposes of pre- liminary design of Little Dry Creek Downtown, preliminary and final design of Civic Center Boulevard, and construction of a retaining wall and relocation of a sanitary sewer adjacent to the new Safeway • I • • - • February 21, 1984 Page 5 • • • site. Director Powers presented a transfer-of-funds resolution for Council's consideration. Director Powers noted a correction in the resolution under the reimburseable expenses for Muller Engineering - Boulevard Preliminary and Final Design wherein the correct figure was $4,000 not $4,070. RESOLUTION NO. 7 SERIES OF 1984 A RESOLUTION AMENDING THE PUBLIC IMPROVEMENT FUND. COUNCIL MEMBER BRADSHAW MOVED TO PASS RESOLUTION NO. 7, SERIES OF 1984. Council Member Weist seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Counc i 1 Members Neal, Vobejda, Bilo, Weist, Bradshaw, Otis. Nays: None. Absent: Co unci 1 Member Higday. The Mayor declared the motion carried. * * * * * * * Director Powers presented a Council Communication from the Urban Renewal Authority concerning an amendment to the Downtown Re~ development Plan that substantially changes the plan and costs of public improvements. COUNCIL MEMBER BRADSHAW MOVED TO REFER THE AMENDMENT TO THE PLANNING AND ZONING COMMISSION; TO SET A PUBLIC HEARING ON THIS MAT- TER FOR MARCH 19, 1984 AT 7:30P.M.; TO INSTRUCT THE URBAN RENEWAL AUTHORITY STAFF TO MAKE THEMSELVES AVAILABLE PUBLICLY, PRIVATELY, PERSONALLY, IN WHATEVER FASHION SEEMS APPROPRIATE TO PROPERTY OWNERS TO SOLICIT ANY OBJECTIONS TO THIS MOVE AND TO MAKE THIS EFFORT PRIOR TO THE PUBLIC HEARING TO SEE IF THERE ARE OTHER THINGS WORKING THAT WOULD PRECLUDE AND PERHAPS MAKE UNNECESSARY DECEPTION. Council Mem - ber Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Neal, Vobejda, Bilo, Weist, Bradshaw, Otis. None. Council Member Higday. • I • • • February 21, 1984 Page 6 • • • The Mayor declared the motion carried. * * * * * * * Director Powers presented a Council Communication from the Planning and Zoning Commission concerning a request from Safeway Stores, Inc. to vacate a portion of the 3500 block South Grant Street, a portion of the Grant/Logan alley in the 3500 block, an easement connecting the two, and requesting the City Attorney to prepare an ordinance for the vacation. Director Powers recommended the alley, street, and easement vacations be approved provided an easement be retained across the vacated portion of the alley and street for utility services. Further Director Powers recommended the request be approved with the following conditions: 1) an easement be retained in the vacated right~of~way in both South Grant Street and the Grant/Logan alley for Public Service Company to maintain the existing gas main and for the continued maintenance and operations of other facilities located within these rights~of~way; 2) an easement be provided for Mountain Bell to maintain the existing plant, and to provide service to the existing customers; 3) to give to the City a 16~foot easement which will provide an access drive to connect the Grant/Logan alley and South Grant street; 4) drainage should not be blocked; and 5) a 20~ foot wide fire lane designated across the parking lot. COUNCIL MEMBER BILO MOVED TO DIRECT THE CITY ATTORNEY TO PREPARE AN ORDINANCE COVERING THE REQUEST FOR THE REAL ESTATE ISSUE AND THE ENFORCEABLE CONTRACTS AT HAND AND TO INCLUDE THE RECOMMENDED CONDITIONS. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Neal, Vobejda, Bilo, Weist, Bradshaw, Otis. Nays: None. Absent: Council Member Higday. The Mayor declared the motion carried. * * * * * * * Director of Parks and Recreation E.P. Romans with the help of Assistant Director of Parks and Recreation Leon Kuhn presented a Council Communication from the Parks and Recreation Commission con- cerning providing easements along Bear Creek to South Suburban Re~ creation and Park District because South Suburban has agreed to main~ I • • J - • c • February 21, 1984 Page 7 • • • tain the trails. Director Romans also discussed alternative sources available for funding the construction of the Trail No. 3. COUNCIL MEMBER BRADSHAW MOVED TO DIRECT THE CITY ATTORNEY TO PREPARE THE PROPER ORDINANCE ADDRESSING THE ISSUES INVOLVING THE COUNCIL COMMUNICATION. Council Member Neal seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Neal, Vobejda, Bilo, Weist, Bradshaw, Otis. None. Council Member Higday. The Mayor declared the motion carried. ORDINANCE NO. 8 SERIES OF 1984 * * * * BY AUTHORITY * * * COUNCIL BILL NO. 5 INTRODUCED BY COUNCIL MEMBER SILO AN ORDINANCE PERTAINING TO THE ENFORCEMENT OF AUTOMOBILE EMISSIONS CONTROL DEVICE INSPECTION PROGRAM. COUNCIL MEMBER SILO MOVED TO PASS COUNCIL BILL NO. 5, SERIES OF 1984, ON FINAL READING. Council Member Neal seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent : Council Members Neal, Vobejda, Bilo, Weist, Bradshaw, Otis. None. Council Member Higday. The Mayo r declared the mot i on c a rried. ORDINANCE NO . SERIES OF 1984 * * * * BY AUTHORITY * • * * COUNCIL BILL NO. 8 INTRODUCED BY COUNCIL MEMBER SILO I • • - • ' ( • February 21, 1984 Page 8 • • • A BILL FOR AN ORDINANCE AMENDING ARTICLE I, CHAPTER 6, SECTION 9, OF THE ENGLE~ WOOD MUNICIPAL CODE 1969, AS AMENDED, PROVIDING FOR QUARTERLY RE~ PORTS, RATHER THAN MONTHLY REPORTS, FROM MUNICIPAL COURT TO THE CITY COUNCIL OF ALL NOTICES AND CITATIONS ISSUED, AMONG OTHER INFORMA~ TION. COUNCIL MEMBER SILO MOVED TO PASS COUNCIL BILL NO. 8, SERIES OF 1984, ON FIRST READING. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Neal, Vobejda, Silo, Weist, Bradshaw, Otis. None. Council Member Higday. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1984 * * * * BY AUTHORITY A BILL FOR * * * COUNCIL BILL NO. 9 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND THE CENTRAL COLORADO LIBRARY SYSTEM REGARDING RECIPRO- CAL BORROWING PROGRAM. COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL NO. 9, SERIES OF 1984, ON FIRST READING. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Neal, Vobejda, Bilo, Weist, Bradshaw, Otis. Nays: None. Absent: Council Member Higday. The Mayor declared the motion carried. * * * * * * * • I • • - • ' • c • February 21, 1984 Page 9 ORDINANCE NO. SERIES OF 1984 BY AUTHORITY A BILL FOR • • • COUNCIL BILL NO. 10 INTRODUCED BY COUNCIL MEMBER WEIST AN ORDINANCE APPROVING THE COST OF CONSTRUCTION AND REPAIR OF SIDE- WALKS, CURBS, AND GUTTERS IN THE CITY OF ENGLEWOOD AND CONFIRMING THE APPORTIONMENT AND ASSESSMENT OF SAID COSTS TO EACH LOT OR TRACT OF PROPERTY FRONTING UPON THE SAME AND PRESCRIBING THE MANNER OF COLLEC- TION AND PAYMENT OF SAID ASSESSMENT. COUNCIL MEMBER WEIST MOVED TO PASS COUNCIL BILL NO. 10, SERIES OF 1984, ON FIRST READING AND TO SET A PUBLIC HEARING DATE FOR APRIL 2, 1984, AT 7:30 P.M. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Neal, Vobejda, Bilo, Weist, Bradshaw, Otis. Nays: None. Absent: Counc i 1 Member Higday. The Mayor declared the motion carried. • • • • • • • City Attorney DeWitt discussed a recently filed case of Kramer vs Galladay in which the Urban Renewal Authority and the City of Englewood is named. City Attorney DeWitt asked authority to de, fend the case. COUNCIL MEMBER NEAL MOVED TO AUTHORIZE THE CITY ATTORNEY TO DEFEND THE CITY IN THE SUIT OF KRAMER VS GALLADAY. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Neal, Vobejda, Bilo, Weist, Bradshaw, Otis. None • Council Member Higday. The Mayor declared the motion carried. • I • • • • • February 21, 1984 Page 10 * * * * • • • * * * City Attorney DeWitt stated this was his last meeting as City Attorney. Mr. DeWitt thanked Council for the courage, patience, and moxie for working with him. Mr. DeWitt stated he would be doing some work for Council over the next few months and would continue to do the best he could. COUNCIL MEMBER NEAL MOVED TO CONTINUE AUTHORIZATION IN THE DESIGNATION OF RICK DEWITT AS CITY ATTORNEY ON AN AS-NEEDED BASIS TO HANDLE THE AFFAIRS OF THE CITY UNTIL A NEW ATTORNEY IS FOUND. Coun- cil Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Neal, Vobejda, Bilo, Weist, Bradshaw, Otis. None. Council Member Higday. The Mayor declared the motion carried. * * * * * * * City Manager McCown presented a Council Communication from his office concerning the Englewood Soccer Association Agreement for 1985. Council noted the expiration date should be February 21, 1985 on the last page of the agreement. COUNCIL MEMBER WEIST MOVED TO APPROVE THE AGREEMENT CHANGING THE EXPIRATION DATE TO FEBRUARY 21, 1985. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows : 'Ayes: Council Members Neal, Vobejda, Bilo, Weist, Bradshaw, Otis. Nays : None. Absent: Council Member Higday. The Mayor declared the motion carried. * * * * * * * I • - • • February 21, 1984 Page 11 • • • City Manager McCown presented a Council Communication from the Director of Engineering Services concerning the warranty work for the 1982 Sealcoat Program. COUNCIL MEMBER BILO MOVED TO PAY GIL-SON PAVING COMPANY $18,000 FOR THE CITY'S PORTION TO RECHIP 50 BLOCKS OF THE 1982 SEAL- COAT PROGRAM. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Neal, Vobejda, Bilo, Weist, Bradshaw, Otis. None. Council Member Higday. The Mayor declared the motion carried. Council Member Neal congratulated the Engineering Department for pursuing the warranty work and conclusion of the project. * * * * * * * • City Manager McCown presented a Council Communication from the Directors of Engineering Services and Parks and Recreation con- cerning the Belleview Softball Field Lighting and Belleview and Spen- cer Field Fencing. Mr. McCown recommended awarding the bid to the lower bidder, Maupin Electric. • Council Member Bradshaw thanked Assistant Director of Parks and Recreation Leon Kuhn for writing good specifications for the project. COUNCIL MEMBER BILO MOVED TO APPROVE THE BID FOR THE BELLE- VIEW SOFTBALL FIELD LIGHTING AND BELLEVIEW AND SPENCER FIELD FENCING AND THE BID BE AWARDED TO MAUPIN ELECTRIC IN THE AMOUNT OF $69,832. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Neal, Vobejda, Bilo, Weist, Bradshaw, Otis. Nays: None. Absent: Council Member Higday. The Mayor declared the motion carried. * * * * * * * • .-• • t ' • February 21, 1984 Page 12 • • • City Manager McCown presented a Council Communication from the Director of Engineering Services concerning a recommendation relating to the bids on Little Dry Creek Channel Improvements retain~ ing walls and sewer relocation. Mr. McCown noted the bids were con- siderably above budget. Mr. McCown stated staff checked back with the engineers on the budget estimate. tt was their opinion the esti~ mate was good and there was no reason why bids should not come within the estimate. Mr. McCown stated one reason why the bids were high was that the contractors bidding on this project were primarily con- cerned with constructing the Safeway Store rather than the channel improvements. Mr. McCown recommended rejecting all bids and re-bid~ ding the project separately. Mr. McCown further noted all bids have to be forwarded to the Urban Renewal Authority for their approval. COUNCIL MEMBER SILO MOVED TO RECEIVE THE RECOMMENDATION RELATING TO THE BIDS ON THE LITTLE DRY CREE~ CHANNEL AND TO REJECT THE BIDS FOR THE LITTLE DRY CREEK CHANNEL IMPROVEMENTS. Council Member Neal seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Neal, Vobejda, Bilo, Weist, Bradshaw, Otis. None. Council Member Higday. The Mayor declared the motion carried. * * * * * * * Mayor Otis presented a Council Communication recommending reappointment of Mr. Timothy O'Brien to the Firemen's Pension Board. COUNCIL MEMBER BRADSHAW MOVED APPROVE THE REAPPOINTMENT OF TIMOTHY M. O'BRIEN TO THE FIREMEN'S PENSION BOARD. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Neal, Vobejda, Bilo, Weist, Bradshaw, Otis. None. Council Member Higday. The Mayor declared the motion carried. • I • • J - r c • February 21, 1984 Page 13 * * * * • • • * * * COUNCIL MEMBER BRADSHAW MOVED TO BRING FORWARD TO THE AGENDA COUNCIL BILL NO. 6, SERIES OF 1984, CONCERNING AN AGREEMENT WITH CHERRY HILLS FIRE PROTECTION DISTRICT. Council Member Neal seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Neal, Vobejda, Bilo, Weist, Bradshaw, Otis. None. Council Member Higday. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1984 BY AUTHORITY A BILL FOR COUNCIL BILL NO. 6 INTRODUCED BY COUNCIL MEMBER NEAL AN ORDINANCE APPROVING AN AGREEMENT WITH CHERRY HILLS FIRE PROTECTION DISTRICT PROVIDING FOR MUTUAL/AUTOMATIC AID FOR FIRE PROTECTION FOR BOTH ENTITIES. COUNCIL MEMBER NEAL MOVED TO PASS COUNCIL BILL NO. 6, SERIES OF 1984, ON FIRST READING. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Neal, Vobejda, Silo, Weist, Bradshaw, Otis. None. Council Member Higday. The Mayor declared the motion carried. * * * * * * * Council Member Weist queried the status of the sign code information which he had requested. City Manager McCown stated information would be available shortly. I • ' • February 21, 1984 Page 14 * * * * • • • * No further business was discussed. COUNCIL MEMBER BILO MOVED TO AJOURN. * * Mayor Otis adjourned the meeting without a vote at 8:50 p.m. • I - ' --- ( • • • • MINUTES OF ENGLEWOOD HOUSING AUTHORITY Regu 1 a r Meeting December 7, 1g83 CALL TO ORDER The Regular Meeting of the Englewood Housing Authority was Called to Order by Chairman Tom Burns at 5:00p.m., December 7, 1983 at Simon Center, 3333 South Lincoln Street, Englewood, Colorado 80110 ROLL CALL Members Present: Members Absent: Also Present: Tom Burns, Chairman Betty Beier, Vice Chairman Beverly Bradshaw, Member Valerie Lash, Member Cindy Peterson, Member None Frances Buck Jonas, Executive Director Robb Short, Rehabilitation Supervisor Haudie Wilson, Orchard Place Tenant Council Ramona E. Bosze, Recording Secretary I. APPROVAL OF MINUTES Minutes of October 28~ 1983 to be submitted at another meeting. PUBLIC HOUSING II. Status Reports -The Duplexes, Orchard Place, and Maintenance Supervisor Status Reports for October were accepted by the Board with the following comments: Housekeeping on the Maintenance Report consists of such items as window wash- ing, vacuiJIIing the halls, trash removal and other .similar items. The Orchard Place Maintenance man resigned and EHA is presently advertising for a replacement, who will be hired as soon as possible. Ms. Wilson commented that Frank McCoumb, the new Maintenance Supervisor, is excellent and very cooperative, and that the temporary maintenance man seems to be very industrious. Several of the houses donated to EHA under the Rheab Program for moving, rehab and sale contained refrigerators and stoves, which had to be taken out of the houses. Those appliances in working condition were removed to storage at Orchard Place and cleaned up, rather than just throw them out. Since EHA cannot include appliances in a rehab loan, they will be kept for donation in cases where rehab or Sec. 8 applicants do not have a refrigerator or stove and cannot afford one. EHA may donate them with a non-EHA-liability clause. I • • ( • • • • -2-Minutes, EHA 12-7-83 Preventative maintenance hours are used in taking care of routine items, such as inspecting boilers, repairing or replacing worn parts, before they break down, checking for such things as rust. 'Maint. Supv. has set up a schedule for regular inspection of generators, emergency lighting and other equipment. Maintenance will have records of when things were oiled, repaired or replaced, than there will be record of repair and conditions so maintenance will hope- fully be able to prevent many outages and emergency repairs. III. SIMON CENTER Status Report for Simon Center was noted and accepted by the Board. Financial Status -The rough draft for budget preparation was given to the Board for their general information. The completed budget will be formally submitted to the Board. The actual figures through the end of September . were used, with estimated amounts for the rest of the year. Simon Center is in good financial condition. There is about a ten percent increase in the Budget, which is reasonable with the rising costs of labor, supplies and materials. Exec. Dir. stated that when began working with the Finance Dept. public housing reports from last year she discovered Finance had apparently double charged some portion of salaries ad the Finance figures are higher by approximately $15,000 than Exec. Dir. believes should be. EHA does not get a breakout on payroll figures, just total figure charged to Simon Center, so Exec. Dir. and Hsg. Admin. figured them separately and reached the same figures, showing $15,000 below Finance figures. Apparently "someone" is being charged to Simon Center who should be charged to another account. Finance does not have the personnel available at the present time to do a breakdown by hand, but the matter will be checked and the proper figures used. Overall the increase is most reasonable as we have had several amounts for preventative maintenance contracts added, which had not been programmed for. IV. SECTION 8 EXISTING Section 8 Status Report for October was noted and accepted by the Board with the fol101 ·1ing comments: Since the Fair Market Rent limits were raised in November, people on the wait- ing list have been able to find apartments within .the rent limits, so the Sec. 8 program is more than completely leased up. While Section 8 had more Certificates committed than scheduled, the money will be available from the period when Section 8 was unable to completely lease due to the former lower Fair Market Rent limits. ~he Waiting List for the Section 8 program is updated almost continuously, as people are contacted, and notices are sent periodically to everyone on the list asking if they are still interested should a vacancy become available. Fair Market Rents established by HUD letter were noted and accepted by the Board. The effective date for FMR is November 1, 1983. Resolution No. 6 for Approval of Revised Section 8 Existing Assistance Payment Program Budget for Fiscal Year ending December ll, 1983 was submitted to the Board. Exec. Dir . stated that the main change is in the Housing Payment amount which is increased due to the new Fair Market Rents. This also increased the I • ( • • • • -3-Minutes, EHA 12-7-83 administrative fee due to EHA. The amount that is going to be required in 1983 is $513,105, which is less than the Section 8-Existing annual contribu- tions amount, so Sec. 8 Existing does not have to draw on the project account this year, and will be able to add $10,621 to the project reserve account, so Englewood Housing Authority's financial condition is excellent. M/S PETERSON/BRADSHAW TO APPROVE RESOLUTION NO. 6 SERIES OF 1983, APPROVING REVISED SECTION 8 EXISTING HOUSING ASSISTANCE PAYMENT PROGRAM BUDGET FOR FISCAL YEAR ENDING DECEMBER 31, 19B3, MOTION CARRIED AS FOLLOWS: AYES: NAYS: ABSENT: BURNS, BEIER, BRADSHAW, LASH, PETERSON NONE NONE Resolution 17 for Approval of Section 8 Existing Ass i stance Payment Program Budget for Fiscal Year Ending December 31, 1gs4, was submitted to the Board. Exec. Dir. stated that Sec. B Ex. is in good financial condition, requiring $517,681 for 1984, which is still not more than the annual contribution, so Sec. 8 Ex. should not have to draw from the Project account. M/S LASH/BEIER TO APPROVE RESOLUTION NO. 7 APPROVING SECTION 8 EXISTING HOUSING ASSISTANCE PAYMENTS PROGRAM BUDGET FOR FISCAL YEAR END I NG DECEMBER 31, 1984, MOTION CARRIED AS FOLLOWS: AYES: NAYS: ABSENT: v. BURNS, BEIER, BRADSHAW, LASH, PETERSON NONE NONE REHABILITATION PROGRAM Rehab and Status Reports for October were accepted by the Board with the following comments: Rehab has fourteen rehab requests waiting. EHA has no1~ hired a new Rehab Specialist. Robb Short, the Rehab Supervisor was accomplishing the house moving, talking to rehab people, overseeing rehab construction, and there- fore new requests had to be rescheduled until after the first of the year. Exec. Dir. expressed her appreciation for the excellent j ob Robb Short has been doing during the time when he has been expected to handle both his Rehab Supervisor and the Rehab Specialist workloads. The Board discussed the 80%/20% ratio of grants to loans. Board stated would like to see more loans rather than so many Grants. Exec. Dir. stated that Rehab is getting applications from people outside of Tar get areas, and according to EHA present policy Rehab cannot make pass-through loans to those people out of Target areas. Rehab personnel are working on revising the policy so Rehab would be able to get more people who want loans, rather than ask for a Grant. Rehab does have many people apply who do not have the income to qualify for a loan, so only way to get their houses rehabilitated 1s through a Grant. Rehab personnel have had meeting for the public, sent out flyers, even knocked on doors endeavoring to get people interested in loan program, but within the target area Rehab has saturated with such notices EHA just has not had a 1 arge number of 1 oan requests ~ Janet Grinmett has surveyed to as- certain just what is needed and in what areas. Target areas have concentra- tions of lower -i ncome hou seho ld s who cannot afford to keep up their houses I • ( • • • • -4-Minutes, EHA 12-7-83 and the only way to assist them is to use a Grant, since they cannot qualify to make loan payments. The Financial Section of the Rehab Report showed that EHA has used little more than half of the bank money, and staff is endeavoring to have the Bank give EHA an extension on loan agreement so Rehab can continue to have the funds available and not have to turn them back to the Bank . Rehab uses City and State funds and are about to the point where have done all that is possible in outreach and target areas. The $17,000 remaining on the 81 Grant will be drawn from HUD by the end of December, to be reimbursed to the City for administrative costs. We have drawn $11,000 for administration and $38,000 was committed, so this is where the $17,000 balance should be credited. ARRP Status Report was accepted by the Board with the following comments: 2758 s. Delaware -Rehab Supv stated that garage was on EHA property with one foot encroaching on the next lot. This was discussed with the owner (who had sold us our property) and he agreed to sign an easement on the en- croachment so long as the garage stands. The owner had originally wanted to move it to his property, but found the cost prohibitive, so the easement is an acceptable soltuion. Rehab Supv stated that zoning now wants each unit on a property to have its own sewer, water, electric and gas. Even if the units are attached, they will still have to have separate taps for each. The Board discussed the possibility that if the ccsts of taps for single attached buildings escalate the costs too much, we might have to se 11 to an investor with the agreement that he holds rents within Fair Market Rents for a specified period of time. The plans had previously been reviewed by the building department, but since that time zoning has changed the requirement so it will impact on our units. Rehab has withdrawn the remaining Rehab money out of the City Finance Simon Center Reserve account and moved it to First Interstate Bank to enable dis- bursement of construction funds as they are needed. There is a $19,157 con- tingency fund budgeted in addition to committed funds. Exec. Dir. stated that overall the ARRP program is .going very well. Loan~Grant Assumption Policy -Current EHA assumption policy only allows fami ies who meet the Section 8 Existing low-income guidelines to make appli- cation for the assumption of a loan or Grant. That is, the original person who applied, was approved for a loan or grant, got their house rehabbed and then later sold it. Sometimes EHA has people who want to assume that EHA loan or grant, in addition to assuming the first mortgage, or they want to get their own first and assume EHA's as a second. A family applying for a grant assumption must also meet the grant asset limitations in effect at the time. The loan assumption is approved or denied by the Rehab Loan Conmittee and the grant assumption approved or denied by the Exec Dir. Housing Tech is proposing that we do an additional option for the pass-through loans, be- cause originally people who get a pass-through loan are not required to be low income and also, if it is not allowed to be assumed, and the house is sold, then EHA gets a payback, and that money .all goes to the bank, and EHA's lS fee stops, as the 1% fee is spread out over the life of the loan, so once it is paid off EHA does not get any more of the administrative fee. Rehab Tech is suggesting that on a pass-through loan EHA allows assumption because they meet the san~ qualifications as the people who originally get the loan and EHA continues to get the 1% admin fee . • I • • • • • • ----·---~---- -4-Minutes, EHA 12-7-83 and the only way to assist them is to use a Grant, since they cannot qualify to make loan payments. The Financial Section of the Rehab Report showed that EHA has used little more than half of the bank money, and staff is endeavoring to have the Bank give EHA an extension on loan agreement so Rehab can continue to have the funds available and not have to turn them back to the Bank. Rehab uses City and State funds and are about to the point where have done all that is possible in outreach and target areas. The $17,000 remaining on the 81 Grant will be drawn from HUD by the end of December, to be reimbursed to the City for administrative costs. We have drawn $11,000 for administration and $38,000 was committed, so this is where the $17,000 balance should be credited. ARRP Status Report was accepted by the Board with the following comments: 2758 S. Delaware -Rehab Supv stated that garage was on EHA property with one foot encroaching on the next lot. This was discussed with the owner (who had sold us our property) and he agreed to sign an easement on the en- croachment so long as the garage stands. The owner had originally wanted to move it to his property, but found the cost prohibitive, so the easement is an acceptable soltuion. Rehab Supv stated that zoning now wants each unit on a property to have its own sewer, water, electric and gas. Even if the units are attached, they will still have to have separate taps for each. The Board discussed the possibility that if the costs of taps for single attached buildings escalate the costs too much, we might have to sell to an investor with the agreement that he holds rents within Fair Market Rents for a specified period of time. The plans had previously been reviewed by the building department, but since that time zoning has changed the requirement so it will impact on our units. Rehab has withdrawn the remaining Rehab money out of the City Finance Simon Center Reserve account and moved it to First Interstate Bank to enable dis- bursement of construction funds as they are needed. There is a $19,157 con- tingency fund budgeted in addition to committed funds. Exec. Oir. stated that overall the ARRP program is .going very well. Loan Grant Assum tion Polic -Current EHA assumption policy only allows am1 1es w o meet the Sect on 8 Existing low-income guidelines to make appli- cation for the assumption of a loan or Grant. That is, the original person who applied, was approved for a loan or grant, got their house rehabbed and then later sold it. Sometimes EHA has people who want to assume that EHA loan or grant, in addition to assuming the first mortgage, or they want to get their own first and assume EHA'sas a second. A family applying for a grant assumption must also meet the grant asset limitations in effect at the time. The loan assumption is approved or denied by the Rehab Loan Con~1ittee and the grant assumption approved or denied by the Exec Dir. Housing Tech is proposing that we do an additional option for the pass-through loans, be- cause originally people who get a pass-through loan are not required to be low income and also, if it is not allowed to be assun~d. and the house is sold, then EHA gets a payback, and that money .all goes to the bank, and EHA's 1% fee stops, as the 1% fee is spread out over the life of the loan, so once it is paid off EHA does not get any more of the administrative fee. Rehab Tech is sugges ting that on a pass -through loan EHA allows assumption because they meet the same qualifications as the people who originally get the loan and EHA continues to get the 1% admin fee. • I • • , ____ ( -- ( • • • - ------------- -5-Minutes, EHA 12-7-83 Basically the main thing which would assist buyers is that they would get a loan at 9% instead of 12% or 13%, which would happen if they would have to refinance it into their first mortgage; We are finding that interested purchasers would qualify for the house if they could assume the EHA loan, but if they have to refinance it all at the higher rate, they would not be able to qualify. EHA would basically be assisting someone who could not other- wise qualify. The income level which would probably be assisted would be the "moderate" income family. Exec Dir questioned as to whether it would be owner-occupied units, or investor assumptions. Investor should be considered differently. This Policy says that we would do an agreement with an investor as we do on regular rehab loans where they would have to hold the rents at or below ex- isting Fair Market Rents. The length of time the investor has to keep the rents at Fair Market Rents was discussed as, if they are using EHA funds to rehab an investor unit, then they should have to maintain the rent level for three to five years. It was agreed that the income guidelines for our house- moving program seemed to be more equitable for assumption eligibility. H/S BRADSHAW/PETERSON THAT WE APPROVE THE LOAN/GRANT ASSUMPTION POLICY SUB- MITTED WITH THE CHANGES THAT THE FAMILY BE WITHIN THE SAME MODERATE INCOME GUILDELINES USED FOR ARRP FOR OWNER OCCUPIED UNITS, AND THAT INVESTORS WOULD BE REQUIRED TO HOLD RENTS FOR A FIVE-YEAR PERIOD AT OR BELOW EXISTING FAIR MARKET RENTS, MOTION CARRIED AS FOLLOWS: AYES: NAYS: ABSENT: BURNS, BEIER, BRADSHAW, LASH, PETERSON NONE NONE Donation of House by William Hubbard. Robb Short reported that Hr. Hubbard is willing to donate a house located at 434 Clayton Street, and would be able to also donate a couple of thousand dollars, but does not have the funds to allow him to donate the total $9,200 cost to move the house. Rehab Supv stated would like this house to replace one which was condemned at 4200 block of S. Delaware, where the residents were sent to EHA for assistance. The owner of the condemned house is going to sign the property over to her daughter (EHA applicant), who will reside in the house. This would be in line with original EHA program, where people could get their own financing and then EHA would enter them into the ARRP program. The daughter has applied to FHA for permanent financing, and needs a house to move to the property. Hr. Hubbard's donation appears to fulfill this need. The FHA will finance her loan for the property, demolishment of the existing house, the move of kr . Hubbard 's house to the property ; and then EHA will rehab the house. The timetable will be into 1984 . Hr. Hubbard wants the paperwork taken care of before the end of the year, but is willing to wait for a short time to have the house moved. On ce the owners receive a conmitment for FHA permanent financing the EHA will be able to use the bank line of credit for the construction financing of the project . • I • • - c • • • • ------------ -6-Minutes, EHA 12-7-83 This would be a good pilot to set up the procedure for doing the rehab pro- gram. The applicant can be qualified for FHA since the mother has quit-claimed the property over to her to enable her to get the necessary funding. M/S BRADSHAW/PETERSON THAT EHA AUTHORIZE STAFF TO SEND LETTER REQUESTING THE DONATION OF THE HOUSE AND ENCOURAGE REHAB SUPV TO NEGOTIATE FOR ADDITIONAL FUNDS ABOVE $2,000, MOTION CARRIED AS FOLLOWS: AYES: NAYS: ABSENT: BURNS, BEIER, BRADSHAW, LASH, PETERSON NONE NONE M/S LASH/BRADSHAW THAT THE EXECUTIVE DIRECTOR ACCEPT THE DONATION PENDING, MOTION CARRIED AS FOLLOWS: AYES: NAYS: ABSENT: VI. BURNS, BEIER, BRADSHAW, LASH, PETERSON NONE NONE DIRECTOR'S CHOICE Letter for Financial Statement. In the past EHA has been audited as part of the City's audit. The auditor for the City last year determined that by Auditing Association guidelines EHA was a completely separate entity and should have a separate financial statement. EHA has stated this also. This year the City's audit will be done January through March; and then in April and May the Housing Authority audit will be done. Lehman, Butterwick & Co., P.C. proposes to do the audit for $5,500, which is a reasonable increase from last year's audit. Exec Dir recommends EHA accept this bid as Lehman, Butterwick & Co., P.C. are familiar with our bookkeeping system . L.B.&Co. will be willing to come to Board meeting and discuss the audit before submitting it to HUD. M/S PETERSON/BEIER THAT EHA ACCEPT PROPOSAL FROM LEHMAN, BUTTERWICK & CO., P.C., TO DO THE AUDIT AND FINANCIAL STATEMENTS FOR ENGLEWOOD HOUSING AUTHORITY FOR YEAR ENDING DECEMBER 31, 1983 . . AYES: NAYS : ABSENT: BURNS, BEIER, BRADSHAW, LASH, PETERSON NONE NONE Letter of Thanks from Division of Housing for NAHRO support noted and accepted by the Board. Letter to Robert Mach, Esq . on Taxes -Requesting his assistance in resolving the Arapahoe County tax notices pending from the purchase of Orchard Place and the Duplexes from the turnkey developer . Mr. Mach went to the County offices and resolved the matter. In reply to a question of the tax status of sites purchased for the ARRP pro- gram, the Exec Dir explained that when EHA purchases a site for house moving, the property is taken off the tax roll while the EHA owns it. When it is sold to a private individual it goes back on the tax roll . • I . • -• • • -7-Minutes, EHA 12-7-83 NAHRO Memo -regarding 1983 tax bill and public housing was noted and accepted by the Board. VII. COMMISSIONERS' CHOICE None VIII. PUBLICATIONS The publications were general information items and were noted and accepted by the Board, with the following comments: The 1983 Housing Bill article in National Affairs Bureau publication states that there is a change in the way EHA will have to redo the rent deductions. This means that EHA will probably see a reduction in rents as higher deduc- tions will lower rents. The deductions could be offset by increase tenant income. M/S LASH/PETERSON THAT MEETING BE ADJOURNED, MOTION CARRIED AS FOLLOWS: AYES: NAYS: ABSENT : BURNS, BEIER, BRADSHAW, LASH, PETERSON NONE NONE Meeting was adjourned at 8:15 p.m. (. ( - .----------~----------~~~~ • I . . ( ( • • • • ----------- WATER AND SEWER BOARD January 4; 1984 Regular Meeting 8 The Meeting was called to order at 5:02 p.m. Charles Best declared a quorum present. Members present: Members absent: A 1 so present: Vobejda, Best, Haviland, Fullerton, Giseburt, Higday, Otis, Lay, Gulley None Stewart Fonda, Director of Utilities 1) NEW WATER AND SEWER BOARD MEMBER -MR. WILLIAM VOBEJDA Stewart Fonda introduced the new member of the Englewood Water and Sewer Board, Mr. William Vobejda. 2) METRO SEWAGE DISPOSAL AGREEMENT. Mr. Fonda reviewed the Metro Sewage Agreement with the Board. Various provisions in the agr~nt were discussed. The Board agreed to recommend to Council the agr~nt as originally proposed by Metro. This will be a 45 year contract and will have no provision guaranteeing Englewood the right to withdraw. Mr. Fullerton moved; Ms. Lay seconded: Ayes: Nays: Motion carried. 3) CITY COUNCIL DINNER To reca.mend to City Council approval of the Metro Sewage Agreement. Vobejda, Best, Haviland, Fullerton, Giseburt, Higday, Otis, L~y, Gulley None The Water and Sewer Board was informed of a dinner meeting with City Council on July 25, 1984. Details will be given at a later date. Page 1 of 3 • I • - • ( • • • • ------··--~====-=-·- 4) SALE OF CITY PROPERTY -POLICY Mr . Fonda informed the Board of a number of offers received recently for purchasing City property around Mclellan Reservoir. The Board directed Mr. Fonda to inform staff members that there should be no discussion of any sale or lease of Mclellan Reservoir property and not to schedule anyone on the agenda for the purpose of discussing the sale or lease of Mclellan Reservoir property. Mr. Higday moved; Mayor Otis seconded: Ayes: Nays: Motion carried. To adopt as a policy of the Water and Sewer Board: 1) That staff be directed not to discuss, without direction of the Water and Sewer Board or Council, the sale or lease of the Mclellan Reservoir property. 2) That the staff not schedule anyone on the agenda to discuss the sale or lease of any Mclellan Reservoir property with the Hater and Sewer Board or City Council. Vobejda, Best, Haviland, Fullerton, Giseburt, Higday, Otis, Lay, Gulley None 5) INFILTRATION/INFLOW ANALYSIS The Infiltration/Inflow Analysis was discussed with the Board. Mr. Fonda reviewed the objectives of the study and alternatives available. The Board recommended to Council authorizing the analysis . Mr. Giseburt moved; Mr. Fullerton seconded : Ayes : Nays: Motion carri ed . To recommend to Council authorization of Phase I of the Infiltration/Inflow Analysis with a limit of $8,000 and authorizing Phase II with -a limit of $10,000 . Vobejda, Best, Haviland, Fullerton, Giseburt, Higday, Otis, Lay,Gulley None Page 2 of 3 • • I • - ( • • • • -----·----·---- 6) APPROVAL OF DECEMBER 13, 1984 MEETING MINUTES Changes in the December 13, 1983 regular meeting minutes were brought to the attention of the Recording Secretary. Mr. Fullerton moved; Ms. Haviland seconded: Ayes: Nays : Motion carried. To approve the minutes of the December 13, 1983 meeting. Vobejda, Best, Haviland, Fullerton, Giseburt, Higday, Otis, Lay, Gulley None The meeting adjourned at 6:15 p.m. The next Englewood Water and Sewer Board meeting will be held February 14, 1984 at 5:00 p.m. in the Library Conference Room. Respectfully submitted, ,.::i ... ~ Recording Secretary Page 3 of 3 • I . - ' • • • • • • CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION FEBRUARY 7, 1984 I • CALL TO ORDER 5 The regular meeting of the City Planning and Zoning Commission was called to order at 7:00 P. M. by Chairman Marjorie L. Becker. Members present: Venard, Allen, Barbre, Becker, Carson, McBrayer, Stoel, Magnuson Romans, Assistant Director of Community Development Members absent: Tanguma Also present: Senior Planner Susan T. King Planner I Harold J. Stitt Mrs. Becker welcomed Mr. Randy Magnuson to the Commission. Mr. Magnuson was appointed to a four-year term on the Commission by the City Council. II. APPROVAL OF MINUTES. January 17, 1984 Mrs. Becker stated that the Mintues of January 17, 1984 were to be considered for approval. Carson moved: Barbre seconded: The Minutes of January 17, 1984 be approved as written. AYES: Allen, Barbre, Becker, Carson, McBrayer, Stoel NAYS: None ABSENT: Tanguma ABSTAIN: Venard, Magnuson The motion carried. III. REORGANIZATION OF COMMISSION. Chairman Becker stated that it is the time to elect a Chairman and Vice- Chairman for the ensuing year. Mrs. Becker stated that the Chair would entertain nominations for Chairman. Mr. Barbre nominated Mr. McBrayer as Chairman. Mr. Carson seconded the nomination. Mr. Allen nominated Mrs. Becker as Chairman. Mr. Stoel seconded the nomination. Stoel moved: Allen seconded: The nominations for Chairman be closed. AYES: Barbre, Becker, Carson, McBrayer, Stoel, Venard, Allen, Magnuson NAYS: None ABSENT: Tanguma I • • • • • • -2- The motion carried. Mr. Tanguma entered the meeting during the written ballot; he was apprised of the names placed in nomination, and voted by written ballot also. Mr. McBrayer was elected Chairman of the Planning Commission, and assumed the Chair. Mr. McBrayer thanked members for their vote, and called for nominations for Vice-Chairman. Mr. Carson nominated Mr. Venard as Vice-Chairman. Mr. Allen seconded the nomination. Mr. Stoel nominated Mrs. Becker as Vice-Chairman. Mr. Barbre seconded the nomination. Stoel moved: Venard seconded: The nominations for Vice-Chairman be closed. AYES: Becker Carson, McBrayer, Stoel, Tanguma, Venard, Allen, Barbre, Magnuson NAYS: None The motion carried. Mrs. Becker was elected Vice-Chairman of the Commission by written ballot. IV. COMPREHENSIVE ZONING ORDINANCE I-1 Zone District Amendments CASE #9-84 Chairman McBrayer stated that the matter before the Commission is a public hearing regarding proposed amendments to the I-1 Zone District. Mr. McBrayer asked for verification that notice was published in the official newspaper. The secretary stated that public notice of this hearing was published in the Englewood Sentinel on January 18, 1984. Mr. McBrayer reviewed the action the Commission may take on the proposed amendments: 1. Forward the amendments as proposed to the City Council. 2. Further modification of the proposed amendments before forwarding to City Council. Mr. McBrayer asked that anyone wishing to address the Commission on the ordinance amendments give their name and address, and be sworn in. Mr. McBrayer noted that members of the Commission were furnished copies of the proposed I-1 Zone District amendments, and asked if there were any questions of the staff. Mrs. Becker questioned Page 9, #5 regarding the size of auto wrecking yards and the expansion onto abutting property. Mrs. Romans pointed out that this particular section is not being changed, and stated that some of the emaller yards may find it necessary to merge with adjoining yards, and it was felt at • I • • • • • • • .. • -3- the time this provision was enacted, that this could be handled in an orderly way and the provision to expand was incorporated into the regulations. Mrs. Becker asked for clarification of Page 14, Item k. Mr. McBrayer asked why Page 6, 014, made no reference to "noise level". Mrs. Romans stated that there is a separate noise control ordinance and that this provision was copied from the B-1 and B-2 Districts. She stated that the term "noise" could be added to assure it is covered. Mr. McBrayer discussed Page 14 "1", and suggested that the present statement, "See the Landscaping Ordinance", be changed to "Landscaping shall be in ac- cordance with the landscaping ordinance." Mr. McBrayer asked if there were further questions from the Commission members, or if the staff had anything to add. Mrs. Romans stated that the staff did have information they wanted to add. In the packets delivered to the Commission, there was material published by a group designated as WHERE, (We'll Have Equitable RElocation), regarding the mobile home parks along South Santa Fe Drive. Mrs. Romans stated that the staff has been working with the members of WHERE in an effort to reach a solution to the question of what will ultimately happen to the mobile home parks with the improvement to South Santa Fe Drive. This area is zoned I-1, Light Industrial, and mobile home parks are not a permitted use in that zone district or any other, within the City. Mrs. Romans pointed out that several years ago, the staff drafted regulations/standards for a Mobile Home Park Planned Development District, which regulations/standards were ultimately considered and approved by the Commission at that time, but not forwarded to the City Council. Mrs . Romans suggested that there were several ways a possible solution to the problems WHERE is concerned about could be reached. 1. Amend the I-1 Light Industrial District to allow mobile home parks as a permitted use, and adopt the mobile home park regulations/standards as development standards. 2. Create a third industrial zone district to allow mobile home parks, and apply that district to the subject area. 3. Adopt the Mobile Home Park Planned Development District regulations/stan- dards as a new zone district, and apply it to this area • Mrs. Romans stated that members of WHERE were invited to attend the meeting this evening to make a presentation to the Commission, and if it is the pleasure of the Commission they can make the presentation at this time during the public hearing of the I-1 amendments, or the Commission may choose to hear the WHERE representatives under the Public Forum section of the agenda. Mrs. Romans stated that she felt the presentation could be done within a short period of time. Mr. Carson asked if the parks under discussion were located in Englewood, or were to be developed in Englewood. Mrs. Romans stated that there are several mobile home parks in this particular area of Englewood, which are the subject of the discussion. Mr. McBrayer, after consultation with members of the Planning Commission, • I • • • • • • -4- announc e d that WHERE would be given 10 minutes to address the Commi s s ion on their proposal. Mr s . Barbara Laube, 3075 South Santa Fe Drive, was sworn in. Mrs. Laube d i s play e d a map they have received from the State Highway Department on which the proposed alignment of South Santa Fe Drive has been depicted. Mrs. Laube pointed out that the improvement plans of South Santa Fe Drive h a ve changed from those originally proposed: The interchange at Dartmouth and Santa Fe has been elimianted, and the interchange at U. S. 285 and Santa Fe is to be upgraded. The widening of Santa Fe Drive has been moved t o the east, and a sound barrier and access roads have been proposed as shown on the map displayed to the Commission. Mrs. Laube stated that these changes will leave the mobile home park residents/owners facing the impact of the highway improvements, but with no relocation benefits payable to the resi- dents. Mrs. Laube stated that WHERE is trying to obtain land in Doug l as County for a mobile home community; the area they are interested in would accommodate 240 mobile home sites, and there are 190 sites in the mobile home parks in this immediate area along Santa Fe Drive and Dartmouth Avenu e . Mrs. Laube discussed the isolation of the mobile home community from the res t of the City with the installation of the sound barricade and the access roads. Mrs. Laube pointed out that this area is zoned for industrial use, and most of the mobile home residents do not own the land that is used for the mob i l e home parks; the property owners could sell this land at any time for industrial purposes, and the mobile home residents would have to relocate. Mr s. Laube discussed the difficulty in locating areas t o which a mobile home can be moved, and pointed out that this could mean that quite a few of these residents c ould lose their homes. WHERE would like to be of assistance to the residents who are in danger of displacement, and hope to form a "co-op" in order to purchase the land. Mrs. Laube discussed the redevelopment and redesign of the mobile h ome community if the purchase of the land c an be achieved. Mrs. Laube dis- c u s s e d the State Highway plans for the area along South Santa Fe, noting that a sidewalk area within th e sound barrier is a proposal; the res idents of the mob i l e h ome park are proposing that a bic ycle trail b e dev eloped in this area . Mr s . Laube s tat e d tha t WHE RE i s interested in upgrading the entire area, achievin g a s tabil izat ion of l and v alues , a nd making t h i s a de c ent plac e t o live and work. Mr s . Laub e s tate d that one p r oposal WHERE wou ld like t o see develo p ed is a pe des trian o v e rpa s s to conn ect the mobile home commun i ty wi th Cinderella City; this would h elp alleviate t he isolation f r om the r est of t he City. Mr. McBrayer asked if the request of WHERE is to have mobile home parks made a permitted use in the I-1 Zone District. Mrs. Laube stated that if mobile home parks were a permitted use, funding would be more readily available to pu r chase the property. If a use is "noncon forming", as the mobile home parks are now, lenders do not want to get involved. Discussion ensued . Mr . Allen a sked what steps WHERE planned to take t o up- grade the area . Mr s . La ub e rei tera ted that WHERE wants to purchase the land, both that which is devel oped , a n d a piece of vacant ground to the no r th and west; once this lan d is pu r chased , and sites appropriately laid out , some of the un its from the present ly over-developed/crowded parks could be re- locat ed to this a r ea , a n d the present mobile home parks redesigned a n d im- proved. Mr s. Laube s t a t ed that the y wo u l d also want to upgrade the utility services and have mainten ance st andards for the mobile home commu n ity . Mr s. Romans stated that the staff would suggest, if the Commission deter- mines that the mobile home parks should be included as a permitted use in I • • - • l • • • • -5- the I-1 Zone District, that the proposed mobile home park ordinance be adopted as development standards for mobile home parks, and be included in toto as development standards. Mrs. Romans suggested that it would be ad- visable to redraft the I-1 Zone District with the proposed changes, and to re- set a public hearing date after the new draft has been viewed by the Commission. She suggested the second hearing would be advisable in her opinion, because the addition of mobile homes as a permitted use is a substantive change to the regulations. Mr. McBrayer asked how many residents were in the mobile home parks WHERE is concerned with. Mrs. Laube stated that there are 190 units; one study stated an average of 2.5 people per unit, but she questioned that the actual population is that high. Mr. McBrayer asked if anyone else wished to speak on this matter. Mr. Tanguma asked how many units were anticipated in the redeveloped and re- designed mobile home parks if WHERE can achieve their goals. Mrs. Laube stated that this is not worked out at this point in time, and there is still a question of the amount of land required by the State Highway Department; she estimated that there would be between 130 and 150 units. Mr. McBrayer asked if there was anyone else in the audience who wished to ask questions about the proposed amendments to the I-1 Zone District regula- tions or to speak either for or against the proposed amendments to the I-1 Zone District. There were no persons present who wished to address the Commission. Becker moved: Carson seconded: The Public Hearing on Case #9-84 be closed. AYES: McBrayer, Stoel, Tanguma, Venard, Allen, Barbre, Becker, Carson, Magnuson NAYS: None The motion carried. Mr. McBrayer asked the pleasure of the Commission. Becker moved: Carson seconded: The Planning Commission take no action relative to the I-1 Zone District amendments, and direct the staff to add to the I-1 regulations a mobile home park as a per- mitted use, and to include the standards set forth for development. The staff is requested to bring the re- vised I-1 District back to the Commission for further study and review at the meeting of February 22, 1984. AYES: Stoel, Tanguma, Venard, Allen, Barbre, Becker, Carson, McBrayer, Magnuson NAYS: None The motion carried • I • • • V. COMPREHENSIVE ZONING ORDINANCE I-2 Zone District Tanguma moved: -6- • • • Allen seconded: The Public Hearing on Case #10-84 be opened. CASE 1110-84 AYES: Tanguma, Venard, Allen, Barbre, Becker, Carson, Magnuson, McBrayer, Stoel NAYS: None The motion carried. Hr. McBrayer stated that public notice of the public hearing was published in the Englewood Sentinel on January 18, 1984. Mr. McBrayer again reviewed the courses of action available to the Commission members following the Public Hearing. He stated that the staff report had been distributed earlier, and asked if Commission members had any questions of the staff regarding the proposed amendments. Mrs. Becker stated that she was pleased to note the changes that had been made regarding reclamation of gravel pits. Mr. McBrayer suggested that Page 9 j be reworded to state that "landscaping shall be in accordance with the landscaping ordinance" or whatever wording the staff comes up with for the I-1 Zone District. Mr. McBrayer asked if the staff had any comments they wished to add. Mrs. Romans stated that the staff had nothing further to add. Hr. McBrayer asked if anyone in the audience wished to ask questions about the proposed amendments to the I-2 Zone District regulations, or wanted to address the Commission either in favor of or opposition to the proposed amend- ments to the I-2 Zone District. No one indicated they wanted to speak re- garding the I-2 Zone District. Carson moved: Stoel seconded: The Public Hearing on Case #10-84 be closed. AYES: Venard, Allen, Barbre, Becker, Carson, McBrayer, Stoel, Tanguma, Magnuson NAYS: None The motion carried. Mr. McBrayer asked the pleasure of the Commission regarding the I-2 amendments. Becker moved: Carson seconded: The Planning Commission recommend the proposed amendments to the I-2 Zone District, including the revised statement on the landscaping, be forwarded to City Council for approval. AYES: Allen, Barbre, Becker, Carson, Magnuson, McBrayer, Stoel, Tanguma, Venard NAYS: None The motion carried • I • • n • -7- VI. COMPREHENSIVE ZONING ORDINANCE Sign Code Amendments Tanguma moved: • • • Venard seconded: The Public Hearing on Case #11-84 be opened. CASE 11 11-84 AYES: Barbre, Becker, Carson, Magnuson, McBrayer, Stoel, Tanguma, Venard, Allen NAYS : None The motion carried. Mr. McBrayer stated that the public notice for this Public Hearing was published in the Sentinel on January 1 8 , 1984. Mr. McBrayer reviewed the courses of action open to the Commission regarding the proposed amendments to the Sign Code following the public hearing. Mr. McBrayer stated that the members had received the staff report relative to this matter, and asked if Commissioners had any questions regarding the proposed amendments, or if the staff had anything to add. Mr . Stoel stated that he would be interested in hearing Mr. Stitt discuss the problems that have been experienced in the enforcement of the Sign Code. Mr. Harold J. Stitt, Planner I, was sworn in and testified that a majority of the problems that have been experienced are a matter of interpretation of the provisions in the Sign Code, or a vaguely written section of the Code. Mr. Stitt emphasi.zed that there is no major change, only clarification of the provisions. Mr. McBrayer stated that on Page 20, he noted a sentence regarding determination of a "sign" has been suggested for deletion. He asked what the process would be to determine what a sign is if this sentence is deleted. Mr . Stitt made reference back to the definition of a "Sign", and stated that this sentence only "muddied the water." Mrs. Becker asked how many requests for variances to the Sign Code had been made, and how many were actually granted. Mr. Stitt stated that he did not recall the exact number, but estimated no more than six requests for variances had been received, and the approval/denial was split about 50-50, In response to a request from Mrs. Becker, Mr. Stitt cited four criteria the Board uses in consideration of a variance request to the Sign Code. Mr. Allen asked how hazardous and abandoned signs are enforced. Mr. Stitt stated that if the owner or lessee does not remove the hazardous or abandoned sign , the City will cause it to be removed, and that the Department is in the process of advertising for a firm to provide sign removal services at this time. Mr. McBrayer asked if there was anyone present who had questions about the proposed amendments or who wanted to speak in favor of or opposition to the proposed amendments to the Sign Code. No one spoke regarding the Sign Code amendments. Becker moved: Venard seconded: The Public Hearing on Case 011-84 be closed. • • I • • • • • • -8- AYES: Becker, Carson, Magnuson, McBrayer, Stoel, Tanguma, Venard, Allen, Barbre NAYS: None The motion carried. Carson moved: Stoel seconded: The Planning Commission recommend to City Co uncil that the proposed amendments to the Sign Code section of the Compre- hensive Zoning Ordinance be approved and adopted. AYES: Carson , Magnuson, Mc Brayer, Stoel, Tanguma, Vena rd, Allen, Barbre, Becker NAYS: one The motion carried. VII. COMPREHENSIVE ZONING ORDINANCE Design Guidelines §22.4 C Barbre moved: Magnuson seconded: The Public Hearing on Case #12 -84 be opened. CASE #12-84 AYES: Magnuson, McBrayer, Stoel, Tanguma, Venard, Allen, Barbre, Becker, Carson NAYS: None The motion carried. Mr. McBrayer stated that the notice of the Public Hearing was published in the Englewood Sentinel on January 18, 1984. Mr. McBrayer reviewed the courses of action available to the Planning Commission following the Public Hearing. He stated that this case concerns amendments to the Design Guidelines for the South Broadway Incentive Area, and asked if Commission members had any questions concerning the staff report regarding the proposed amendments. Mr. Stoel cited Page 5, 3b of the regulations, and asked why concrete was not permitted because the cost of asphalt is greater than the cost of con- crete. Ms. King stated that the intent was to provide for different paved entryways, but did not feel it would be a problem to add concrete to the statement. Hr. McBrayer noted on Page 3, (2)(a)2, the statement is "The renovation shall be avoided" and asked if this could not be reworded to reflect a positive statement. Mrs. Romans stated that it could be. Mr. McBrayer questioned Page 2, b, and asked if there is a "designee" and the proper criteria to determine compliance with the guidelines. Ms. King stated that there is a design review committee that reviews all plans. Mr. Stitt discussed the amendments proposed to the Design Guidelines contained on page 4 of the ordinance, and discussed an expansion of section (e) Signage, which is proposed. Mr. Stitt noted that in administering the Design Guidelines, it was noted that signs within this South Broadway Incentive Area would be dealt with differently than the Sign Code permits in other areas of the City. Mr. Stitt stated that the staff is suggesting that those signs installed prior I • • ( • • • • • -9- to the enactment of the Design Guidelines which conform to the restrictions of the Sign Code, but which do not conform to the restrictions contained in the Design Guidelines, should be made nonconforming and brought into con- formance whenever one of five suggested conditions occurs. Mr. Stitt re- viewed the proposed conditions as set forth in the suggested amendment. Mr. McBrayer asked if anyone in the audience had questions about the proposed amendments or wanted to address the Commission on the amendments to the Design Guidelines. No one wished to address the Commission regarding the amendments. Carson moved: Magnuson seconded: The Public Hearing be closed. AYES: McBrayer, Stoel, Tanguma, Venard, Allen, Barbre, Becker, Carson, Magnuson NAYS: None The motion carried. Carson moved: Magnuson seconded: That the amended wording discussed at this hearing be incorporated into the Design Guidelines, and that the Planning Commission recommend to City Council that the amendments of the Design Guidelines sections be approved. AYES: Stoel, Tanguma, Venard, Allen, Barbre, Becker, Carson, Magnuson, McBrayer NAYS: None The motion carried. VIII. SAFEWAY STORES, INC. Parking Lot Layout Case 07-84 Mr. McBrayer stated that the request before the Commission is the parking lot layout for the new Safeway Store at South Logan Street and U. S. 285. Mr. McBrayer asked if the Commission members had any questions of the staff regarding the staff report. Mrs. Becker stated that she did not know whether her questions were more properly directed to the staff, or to the representatives of Safeway. Mr. Russ Norfleet introduced himself, and stated that he is the real estate representative for Safeway Stores, and is handling this project for Safeway. Mrs. Becker discussed her concern with the intersection of South Grant Street extended with U. S. 285, and the turning movements at this intersection. Mr. Norfleet stated that left turns in to the parking lot would be permitted at this point; left turns from the parking lot onto east bound U. S. 285 would not be permitted. He pointed out that this intersection will not be signalized because of the proximity to signalized intersections at U. S. 285 and South Sherman Street and U. S. 285 and South Logan Street. Mrs. Becker then discussed her concerns with the exit/entrance onto South Logan Street, and the traffic congestion that will be compounded by the motorists attempting t o turn across traffic lanes to and from Logan. Mr. I • • n • • • .. -10- Norfleet stated that Safeway does not want to close this point of access, and is trying to work something out regarding the possible widening of South Logan Street. Mrs. Becker pointed out that it is indicated on the map for the rights-of- way vacation requested by Safeway, that there is an area owned by Safeway Stores that is not being included in the consideration for the off-street parking layout. She asked what use would be made of this particular site; will it be a part of the Safeway parking lot. Mr. Norfleet stated that this property is available for sale, and will not be used in conjunction with the Safeway development. Mrs. Becker pointed out that if this site is eventually developed by another property owner, there may be a parking lot on this site with another point of access, and the Commission will not have the opportunity to view the layout or the proposed landscaping. Discussion ensued. Mr. Allen pointed out that the plan presented by Safeway does indicate the closure of one curb cut onto South Logan Street, with the point of access being further north away from the Logan/U.S. 285 intersection; he felt this was a better location for a point of access. Mr. Carson asked for clarification of the Safeway ownership on South Grant Street. Mr. Norfleet stated that all of the houses along South Grant Street owned by Safeway would be removed. There is an office building at the north end of the block which Safeway does not own. Mr. McBrayer asked who would determine whether additional traffic signalization would be needed. Mrs. Romans stated that this would be the responsibility of the Traffic Engineer of the City in conjunction with the State Highway Depart- ment. Discussion ensued. Mr. Norfleet stated that some of the points raised by Traffic Engineer Plizga and quoted in the staff report need further consideration and a solution needs to be reached. Mr. McBrayer stated that in his opinion, it is premature to bring consideration of the parking lot layout to the Commission for approval when there are so many factors that have not been resolved. Mr. Norfleet stated that a traffic study has been done regarding South Sherman Street, and that this study indicated only 10% of the traffic from Safeway would be exiting out onto Sherman. Discussion ensued. Mr. McBrayer stated that he felt the Commission did have to take into consideration the suggestions made by City staff. Mr. Norfleet stated that he is continuing to work with Traffic Engineer Plizga regarding the traffic on South Logan Street. Mr. Barbre asked about the suggested reversal of the parking stall layout; has this been considered by Safeway . Mr. Norfleet stated that this was considered, but that they feel the original plan as submitted makes for the best flow of traffic into the site. He stated that their concern was to get traffic off of Logan and U. S. 285 as quickly as possible. Safeway feels that the plan as submitted accomplishes this traffic movement better than the plan of reversing the parking stall layout suggested by the Traffic Engineer. Mr. Norfleet discussed the traffic circulation pattern within the parking lot, and why the plan as presented is more functional. The plan proposed by the Traffic Engineer could cause traffic to be backed up across two driving aisles. Mr. Becker stated that once the motorist is on the Safeway premises, she felt the turning movements in the present layout will create a bottleneck in several areas. Mr. Norfleet reiterated the opinion of Safeway that thia will be less problem than having people slow down immediately after entering the curb cut to determine in which area they wish to park. Mr. Norfleet stated that Safeway supports the parking lot layout as they presented it . • I • • • • • • -11- Mr. McBrayer stated that he felt the applicant and Mr. Plizga should get together to try to reach a solution to some of the traffic problems. He stated that he did not feel that the Commission should try to second-guess the Traffic Engineer. Mr. McBrayer stated that he felt the problems should be worked out before action by the Commission, or both Mr. Norfleet and Mr. Plizga should be invited to the next meeting to discuss resolution of th e problems. Mrs. Romans stated that she felt it would be possible to get a written statement from Mr. Plizga for the next meeting, or that he might be able to attend the Commission meeting. Mr. McBrayer reiterated that if an agreement was not reached before the date of the next meeting, he would like to see both parties present to discuss the matter with the Commission. Mrs. Becker stated that she is still very concerned about the egress onto South Logan Street. She stated that this will be adding more traffic t o an already congested street. Mr. Carson stated that there is an agreement between Safeway and the City Council regarding the landscaping along Little Dry Creek; he asked if this would have any affect on the parking lot, or if the development of the park- ing lot would have any affect on the agreement with the City. Mr. Norfleet stated that the agreement will have no affect on the parking plan. He stated that he understood work will be beginning on Little Dry Creek in the near future, and is proposed to be done by the time the Safeway Store is opened. Mr. Norfleet stated that Safeway would not be putting the landscaping in; that this area would be deeded to the City. Mr . Tanguma inquired about the transformer indicated on the northwest side of the Plan. Mr. Norfleet stated that this is in conjunction with the lighting plan, and that the transformer would be enclosed in some manner. Mr. Barbre stated that he would agree the applicant needs to meet with the Traffic Engineer to resolve the issues raised by Mr. Plizga. Mr. Barbre questioned that the Commission could take any action on this request at this time. Mr. Carson stated that he did not think the resolution of these issues had anything to do with the request before the Commission for approval of the parking lot layout. Discussion ensued. Mr. Norfleet asked that the Commission grant approval subject to the applicant reaching an agreement with the Traffic Engineer on the issues raised. Mr. McBrayer s tated that he would be in favor of an op- posite approach --no approval granted until the agreement has been reached, and then come back to the Planning Commission. Discussion followed. Mr. Steel pointed out that the staff recommendation states that "all requirements of the City Traffic Engineer, the Code Administrator and the Director of Engineering Services, shall be complied with before a Certificate of Occupancy is issued." He stated that even if the Commission gave tentative approval at this time, the requirements of the Traffic Engineer would still have to be met. Mr. Allen stated that when the applicant gets the approval of the Traffic Engineer, he would be "happy with it." Allen moved: Carson seconded: The Planning Commission approve the request of Safeway Stores, Inc. for the parking lot layout for the new store proposed for U. S. 285 and South Logan Street, subject to the following conditions: • I • • • • • • -11- Mr. McBrayer stated that he felt the applicant and Mr. Plizga should get together to try to reach a solution to some of the traffic problems. He stated that he did not feel that the Commission should try to second-guess the Traffic Engineer. Mr. McBrayer stated that he felt the problems should be worked out before action by the Commission, or both Mr. Norfleet and Mr. Plizga should be invited to the next meeting to discuss resolution of the problems. Mrs. Romans stated that she felt it would be possible to get a written statement from Mr. Plizga for the next meeting, or that he might be able to attend the Commission meeting. Mr. McBrayer reiterated that if an agreement was not reached before the date of the next meeting, he would like to see both parties present to discuss the matter with the Commission. Mrs. Becker stated that she is still very concerned about the egress onto South Logan Street. She stated that this will be adding more traffic to an already congested street. Mr. Carson stated that there is an agreement between Safeway and the City Council regarding the landscaping along Little Dry Creek; he asked if this would have any affect on the parking lot, or if the development of the park- ing lot would have any affect on the agreement with the City. Mr. Norfleet stated that the agreement will have no affect on the parking plan. He stated that he understood work will be beginning on Little Dry Creek in the near future, and is proposed to be done by the time the Safeway Store is opened. Mr. Norfleet stated that Safeway would not be putting the landscaping in; that this area would be deeded to the City. Mr. Tanguma inquired about the transformer indicated on the northwest side of the Plan. Mr. Norfleet stated that this is in conjunction with the lighting plan, and that the transformer would be enclosed in some manner. Mr. Barbre stated that he would agree the applicant needs to meet with the Traffic Engineer to resolve the issues raised by Mr. Plizga. Mr. Barbre questioned that the Commission could take any action on this request at this time. Mr. Carson stated that he did not think the resolution of these issues had anything to do with the request before the Commission for approval of the parking lot layout. Discussion ensued. Mr. Norfleet asked that the Commission grant approval subject to the applicant reaching an agreement with the Traffic Engineer on the issues raised. Mr. McBrayer stated that he would be in favor of an op- posite approach --no approval granted until the agreement has been reached, and then come back to the Planning Commission. Discussion followed. Mr. Stoel pointed out that the staff recommendation states that "all requirements of the City Traffic Engineer, the Code Administrator and the Director of Engineering Services, shall be complied with before a Certificate of Occupancy is issued." He stated that even if the Commission gave tentative approval at this time, the requirements of the Traffic Engineer would still have to be met. Mr. Allen stated that when the applicant gets the approval of the Traffic Engineer, he would be "happy with it." Allen moved: Carson seconded: The Planning Commission approve the request of Safeway Stores, Inc. for the parking lot layout for the new store proposed for U. S. 285 and South Logan Street, subject to the following conditions: • I • • • • • .. -12- 1. All existing curb cuts not used in the new plan must be closed. 2. The layout of the parking stalls must be redesigned to blend with major traffic plans and two-foot wide overhangs should be provided where cars park against the curb to properly maintain sod. This means the angled parking will be opposite the angle indicated on the plans. 3. The north drive lane off of South Grant Street shall be posted as a fire lane on the building side of the lane. 4 . All requirements of the City Traffic Engineer, the Code Administrator, and the Director of Engineering Services, shall be complied with before a Certificate of Occupancy is issued. AYES: Tanguma, Venard, Allen, Barbre, Becker, Carson, Magnuson, McBrayer, Stoel NAYS: None The motion carried. IX. SAFEWAY STORES INC . Vacation of Street, Easements, and Alley rights-of-way . CASE #8-84 Mr. McBrayer stated that the request before the Planning Commission is th e vacation of the following rights-of-way in the 3500 block: 1. South Grant Street -the south 125 feet and the full 60 foot width; 2. Grant/Logan alley -approximately the south 175 feet, and the full 16 foot width. 3. Easement -the full 25 foot width and 185 foot length of the existing easement granted to connect the Grant/Logan alley and South Grant Street. A new easement will be granted connecting the alley and South Grant Street to eliminate the need for a cul-de-sac at the end of each right-of-way. Mr. Carson asked if Mr. Norfleet had read the staff report and the recommenda- tions of the Department of Community Development, and if he agreed with the recommendation. Mr. Norfleet stated that he had read the staff report, and did agree with the recommendation. Mr. McBrayer questioned the four foot difference between the required 16 foot easement to provide access between the Logan/Grant alley and South Grant Street, and the 20 foot wide fire lane to be designated to connect South Grant Street and the Grant/Logan alley. Mrs. Romans pointed out that the 16 foot easement will be dedicated and that the 20 foot fire lane would be a matter of signing that area and the additional four feet in the parking lot for emergency access purposes. Mrs. Romans stated that easements will be retained in the street and alley for maintenance of utilities. Mr. Nor- fleet stated that Safeway is still working with the Public Service Company and Mountain Bell on the location of the utility lines; they know where the water and sewer lines will be placed • I • - • • • • • -13- Mr. McBrayer asked if anyone in the audience wanted to address the Commission regarding the right-of-way vacation request. No one addressed the Commission on this issue. Carson moved: Stoel seconded: The Planning Commission recommend to City Council that the following rights-of-way be vacated in the 3500 block: 1. South Grant Street -the South 125 feet and the full 60 foot width. 2. Grant/Logan alley -approximately the South 175 feet, and the full 16 foot width. 3. Easement -the full 25 foot width and 185 foot length of the easement granted to connect the alley and South Grant Street. This vacation is recommended to be approved with the following conditions: 1. An easement is to be retained in the vacated right-of- way in both South Grant Street and the Grant/Logan alley for Public Service Company to maintain the existing gas main and for the continued maintenance and operations of other facilities located within these rights-of-way. 2. An easement shall be provided for Mountain Bell to maintain the existing plant, and to provide service to the existing customers. 3. A 16-foot easement shall be given to the City which will provide an access drive to connect the Grant-Logan alley and South Grant Street. 4. Drainage shall not be blocked for South Grant Street or the alley and shall be approved by the Department of Engineering Services. 5. A 20-foot wide fire lane shall be designated across the parking lot to connect South Grant Street and the Grant/Logan alley. Mrs. Becker stated that the potential development of the parcel north of the parking lot is still of concern to her. Mr. Norfleet stated that the parking area would probably not contain more than 50 spaces if it is developed, and there would not be a curb cut onto South Logan Street because of the proximity of the northern point of access to the Safeway Store. He stated that whoever purchases this parcel would have to negotiate access rights with Safeway • The vote was called: AYES: Venard, Allen, Barbre , Be c ker, Carson, Magnuson, McBrayer, Steel, Tanguma NAYS: None The motion carrie d • I • • • • • -14- Mr. Norfleet stated that bids will be coming in on this project on February 15. In response to a question, he stated that he did not know what would happen with the present Safeway building at Sherman and Hampden Avenue. X. FINDINGS OF FACT. R-2-C SPS Case 112-84 R-3 Case 113 -84 R-4 Case 114-84 B-1 Case f/5-84 B-2 Case 116-84 Mr. McBrayer stated that the Findings of Fact for the amendments to the Com- prehensive Zoning Ordinance, R-3, R-4, B-1, B-2, and the designation of a new district to be known as R-2-C SPS were to be considered by the Commission. Becker moved: Tanguma seconded: The Findings of Fact on Case #2-84, R-2-C SPS, be approved as written. AYES: Allen, Barbre, Becker, Carson, McBrayer, Stoel, Tanguma, Venard NAYS: None ABSTAIN: Magnuson The motion carried. Carson 110ved: Allen seconded: The Findings of Fact of Case 13-84, R-3 High Density Residence District, be approved as written. AYES: Barbre, Becker, Carson, McBrayer, Stoel, Tanguma, Venard, Allen NAYS: None ABSTAIN: Magnuson The motion carried. Allen moved: Venard seconded: The Findings of Fact for Case #4 -84, R-4 Residential- Professional District, be approved as written. AYES: Becker, Carson, McBrayer, Stoel, Tanguma, Venard, Allen, Barbre NAYS: None ABSTAIN: Magnuson The motion carried. Barbre moved: Carson seconded: The Findings of Fact on Case #5-84, B-1, Business District, be approved as written. AYES: Carson, McBrayer, Stoel, Tanguma, Venard, Allen, Barbre, Becker NAYS: None ABSTAIN: Magnuson The motion carried . I • - ' • • • - -15- Venard moved: Carson seconded: The Findings of Fact on Case #6-84, B-2 Business District, be approved as written. AYES: McBrayer, Stoel, Tanguma, Venard, Allen, Barbre, Becker, Carson NAYS: None ABSTAIN: Magnuson The motion carried. XI. PUBLIC FORUM. No one was present to address the Commission. XII. DIRECTOR'S CHOICE. Ms. Powers, Director of Community Development, gave the Commission an up-date on the Downtown Redevelopment Project. Items discussed in the up-date included the construction of a new King Soopers store on the City-owned Parking Lot, construction of a Civic Center Boulevard, and the improvements to Little Dry Creek in the downtown area. XIII. COMMISSIONER'S CHOICE. Mrs. Becker stated that the Commission has gone through a lot of the proposed amendments to the Comprehensive Zoning Ordinance, and stated that she felt the Commission needed to realize the amount of staff time and work these amend- ments have involved. Mrs. Becker stated that she was very glad to see that the adult book store on South Broadway has vacated the premises. Mrs. Becker suggested that the Commission is in need of some "planning time" to set direction for the Commission for the coming year. She suggested possibly an extra Tuesday evening might be devoted to setting up the work program. Mr. McBrayer suggested possibly February 28th. A couple of the members indicated they would be out of town. Mrs. Romans pointed out that there is nothing scheduled for the March 6th agenda. Mr. McBrayer stated that the meeting March 6th would be reserved to develop the work program, and asked that members spend the next few weeks jotting down ideas to be discussed at that time. Mr. McBrayer stated that he would like to approach the City Council about possibly meeting with the Commission earlier than in May, or have another session with the City Council, to go over these work goals. Mrs. Becker pointed out that some time will be needed to refine the goals. Discussion ensued. Ms. Powers stated that the City Council has annexed the second portion of the Arapahoe County Fairgrounds property, and enacted an emergency ordinance, which was approved earlier this evening. Mr. Tanguma asked about the brochure on Englewood. Ms. Powers stated that it is at the printers. Mr. Stoel and Mrs. Becker suggested a tour of the City to up-date members as to what is going on. Mrs. Romans suggested inviting members of the Board of Adjustment and Appeals, also • • I • • - • • -16- The meeting adjourned at 9:30 P . M. I • • • - ' • \. • • • • ENGLEHOOD DOWNTCKoiN DEVELOPMENT AUTHORITY 3535 S. Sherman -Englewood, CO 80110 Board Members Present: Board Members Absent: MINUTES February 8, 1984 Close, Coleman, Gasson, Kaufman, Mausolf, Maxwell, Neal, Owens, Pendleton Holthaus, Tomooka Staff Present: M. Haviland. P. Dietrich Guests: Dorothy nalquist, Jeri Linder, Susan Powers, John Pearce Chairman Gasson called the regular meeting of the Englewood Downtown Develop- ment Authority Board of Directors to order at 12:10 PH on February 8, 1984. The minutes from the January 11, 1984 meeting were presented for approval. Mr. Kaufman moved, seconded by Mr. Close, to approve the minutes from the January 11, 1984 meeting. The motion was passed unanimously by voice vote. Mr. Pendleton presented the Treasurer's Report as of December 31, 1983. He noted that several adjustments will be made on the printout information from the City beginning with the 1984 financial data. CHAIRMAN'S REPORT Downtown Redevelopment Update -Susan Powers gave an update on the redevelop- ment project. Brady's letter of credit for the second installment is being processed. The design on King Soopers building and the hotel is proceeding on schedule. There were several issues raised concerning the parking on Broadway for the customers. Ms. Powers indicated that the engineers are aware of this and will take these concerns into consideration when plans are made. There was a question as to what will happen to the property on the west aide of Acoma street. Mr. Neal indicated that this property is being considered for inclusion into the Urban Renewal Plan. There will be a public hearing on this issue • • I • • • Page Two Minutes February 8, 1984 • • • There were several questions regarding the disposition of the Safeway property on Hampden. Ms. Owens moved, seconded by Mr. Coleman, to appoint a committee to continue investigating the opportunities related to the Safeway property as it pertains to the downtown development project. The motion was passed unanimously by voice vote. Chairman Gasson appointed Ms. Owens, ~~. Coleman, Mr. Tomooka, and himself to the committee. Mr. Neal noted that the City will hear in April about the requests that were submitted to the state regarding the use of the CDBG funds for purposes related to the downtown redevelopment. Hs. Powers noted that Perez will present development guidelines for the downtown project that will be coordinated with the downtown facade program. DIRECTORS'S REPORT Broadway Facade Program -Penny Dietrich gave an update on the status of the Broadway facade program. There were several renderings and sketches to show what the architect had completed to date. Clean Up -Mr. Haviland noted that there has been positive feedback regarding the clean up program. The staff will continue to gather more information in the next few months. Security Discussions -Fred Kaufman reported on a meeting that he and Mr. Haviland had had with Chief of Police Holmes. He was very pleased with the cooperation that the police will offer regarding the vagrancy problems on South Broadway. The Board is encouraged to give periodic feedback to the police department regarding this problem. There being no further business, Chairman Casson adjourned the meeting at 1:30 PM. • I • • - ' • • • • TO : City Manager McCown FROM: ,/ ,_j Susan Powers, Director of Community Developmenf -:J '' DATE: February 27, 1984 SUBJECT: Los Angeles Trip-February 13-17, 1984 I had the opportunity to participate with the Denver Chamber of Com- merce on a marketing trip to Los Angeles from February 13 to February 17, 1984. The purpose of the trip was to encourage businesses in Los Angeles to consider the Denver region for expansion or relocation of their business. The format of the trip was that each participant made personal contacts with businesses and discussed the attributes of the Denver region. We were also encouraged to use any leads we each had that may result in contact with interested businesses. The meetings I scheduled included Carter, Hawley, Hale (owners of Broadway store that will be built in Cinderella City), DMJM (a large civil engineering firm), and several smaller "high tech" manufacturing plants. There was a varying degree of interest expressed by the firms I met with and I will be following up on the contacts. Several other meetings were scheduled jointly with David Howlett, Director of Economic Development for Littleton. We felt that there are many qualities that our two communities can offer prospective developers; therefore, joint promotional efforts seem~d worthwhile. We met with a California/Arizona developer who is very interested in our area for commercial development and is, in fact, coming to town this week to meet with us again. The true value in the trip will occur with follow-up on my part. I feel it was a good experience for me to participate in this type of effort, which is quite different from attending a conference. I also feel it is valuable for Englewood to be known as a community that is interested in quality development, and that we will participate in efforts to reach this goal. gw I • • ' • • • • TRIP PARTICIPANTS LOS ANGELES EC ONOMIC DEVELOPMENT TRIP February 13-17, 1114 Richard Bialkowski Director -Mark~t i ~ an~ Sales Geof'le Hays Dueek Development Senior Vice President 7tl Chambers Road Perkins & Will Aurora, Colorado 10011 Two North t..Salle Street 36 1-6755 Chica,o, Dlinois 60602 Charles Brand (312) t77-1100 Loncmont Chamber of Commerce O.vid Howlett 515 Kimbark Street, flOt Economic Development Loncmont , Colorado 10501 City of Littleton &51...()128 2255 West Berry Avenue Thomas P. Brigs Littleton, Colorado 10165 7115-3748 Mana,er of R.evenue City and County of Denver Bruce Johnson 1445 Cleveland Place, 1305 Senior Vice President Denver, Colorado 10202 t..Salle Partners 575-2700 1225 17th Street, 12400 O,nver, Colorado 80202 .Joe Canta lam ... 2t'i.;S700 J. w. Galbreath Co. 18'75 Broadway, t2210 Howard Ray Denver, Colorado 10202 Trammel Crow Compeny &23-5676 '7555 East Hampden, 1408 Denver, Colorado 80231 Crail Caraon '755-7601 Cart.on .~i ates, Inc. 2002 West 120th Avenue Jaek Keever, CID Westminster, Colorado 80234 President 465-1721 Adams County Econom ic Development 2000 West 120th Avenue , t2 Jenn ifer Cle vi de nce Denver , Co lorado 80234 John Ma dd en Co mpeny 415-1744 7800 East Orchard Roa d, 1300 lfnclewood, Colorado 10 111 Ric hard Leech 773...()400 Vice Pr esi dent For ward Me tro De nv er Peter Coakle y Denver Chamber of Commerce Centra l Development Group U 01 We lton Street lt9 t.ocan Stree t, 1400 Denv er, Colorado 80204 Denver, Colorado 10 203 53 4 -3211 130-8177 nm Mc Ma nus Mike Fowl• hiler On i te6,8ank of De nv e r P uller & Co . 17 40 Broidwa y 1$15 Arapahoe Street, 11600 P . 0. Bo x 52 47 De nver, Colorado 80202 ... Denver, Colora do 10 202 212-37 00 111-1111 • .. I • • - \ \ • Los Anceles Economie Development Trip Partieipantl P.,e 2 Dave Naus p. 1L R.oa Co. 4101 Denver Tech Center Boulevard 1100 Denver, Colorado 1023'1 '111-'1100 Suan Powers Director or Community Development City of Enclewood S400 South Elatl Bnclewood, Colorado 10110 '161-1140 ares Skirvtnr Reynolds Properti•, Jne. '10 Eleeuttve Center 4111 Independence Street, 1%'15 Wheat Ridl•. Coloredo 10033 42S-IIIO 'Ibm !pinkl Starr Pro.teet Manacer Bconomle Development Denver O.mber or Commeree 1301 Welton Su.et Denver, Colorado 10204 $34-3211 Ernest A. Wltuekl &.clonal Man-cer or BulliWII Development Coldwell Banker '7400 Eut ~ R.oecS, 1210 Enclewood, Colorado 10112 '113..0100 • • • / I . • .. .. • • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE AGENDA ITEM February 29 1984 ~A SUBJECT Proposed Comprehensive Amend- ments to the Comprehensive Zoning Ordi- nance §22.4-11 §22.4-13 §22.4 C and §22.7. INITIATED BY City Planning and Zoning Commission ACTION PROPOSED Receive the Recommendation of the Planning Commission Relative to Certain Amendments to the Comprehensive Zoning Ordinance, and Request the City Attorney to Pre~are Ordinances in Preoaration of a Public Hearin2. INTRODUCTION AND BACKGROUND: Specific goals for the City and courses of action to be taken to implement those goals are identified in the 1979 Comprehensive Plan, which was adopted by City Council Reso- lution No. 49, Series of 1979. Since the adoption of the Plan, the Planning Commission has proceeded to address the courses of action through its work program. The proposed revisions to the B-2, Business District, I-2, General Industrial District, the Sign Code and Design Guidelines, which have been referred to the City Council by the Plan- ning Commission, are a by-product of the Comprehensive Plan. I t is extremely difficult to draft any document which guides and controls development which is timely 20 years later, and the Comprehensive Zoning Ordinance, which was adopted by City Council Ordinance No. 26, Series of 1963, is in need of a comprehen- sive revision. In an effort to give a more thorough review, the Planning Commission is looking at each section of the zoning regulations independently rather than con- sidering the entire zoning ordinance at one time. The proposed revisions were de- veloped by the Planning Commissioners after meeting with the Planning staff, research- ing regulations in other municipalities, s tudying the types of variances granted by the Board and after considerable discussion among the members. The Planning Commission considered the attached sections of the ordinance at Public Hearings on January 17, 1984 and on February 7, 1984, and have voted to send the proposed amendments to the Sign Code, Design Guidelines, B-2 and I-2 Zone District regulations on to the City Council for its consideration . The proposed amendments are designed to address the problems experienced with the 1963 Zoning Ordinance. No members of the audience spoke in favor of the amendments at the Public Hearing before the Commission and there was no opposition expressed at the Public Hearing. The Findings of Fact were considered by the Planning and Zoning Commission at their meeting on February 7 and February 22, 1984; it was the decision of the Commission that these Findings of Fact be accepted and referred to City Council • • I • • - • • • • • RECOMMENDATION: After giving careful consideration to the drafting of the proposed amendments to the Sign Code, Design Guidelines, B-2 and I-2 Zone District regulations, and after con- sidering the proposed regulations at a Public Hearing, it is the opinion of the Com- mission that the City Council should give favorable consideration to the proposed zone district amendments. The members of the Commission further recommend that the City Attorney be requested to prepare an ordinance for the proposed amendments to the Comprehensive Zoning Ordinance, and that a Public Hearing be scheduled for the pro- posed amendments. SUGGESTED ACTION: MOVED BY SECOND YES NO ABSENT I • • - ' (I • • • • Cl'l'Y l'LhNNlNG ANU ZUNlNG CUMMlSSlUN ENGLEW OOD, COT.ORAOO IN THE MATTE R OF CASE NO. 6-84 ) FINDINGS OF FACT, CONCLUSIONS, ) AND RE COMME NDATIO NS RELATING TO ) AN AMENDMENT TO §22.lt-ll, 11-2 ) llUS lNESS IHSTIUC'l' OF TilE C UM l'Rl~-) HENSIVE ZONI NG ORDINANCE, ) ORDINANCE NO. 26 , SEIUES OF ) 1963, CITY OF ENGLEWOOD, COLORADO; ) WHICH AMENDMENT PERTAI NS TO THE ) SPECIFIC REGULATIONS RELATIVE TO ) TilE 11 -2 ZONE llTSTRTCT. ) h Puhlic llcarlng wa s held on January 17, 1984, ln c unn e ctlon with Case No. 6-84 in the City Council Chambers in the Englewood City llall . The following members of the City Planning a nd Zoning Commission were present: Allen, Barbre, Becker, Carson, McBrayer, Stoel, and Tanguma. Mr . Vena rd was absent. FINDING OF I'AC T Upon rev lew of the evidence taken ln th e form of test l01ony , presentation , reports and t he draft of the proposed zone district amend- ments, the City Planning a nd Zonin g Commission mak es the following Findings of Fact . 1. That notice of the Public Hearing was given in the Engle- wood Sentinel , the o ffi cial City newspaper, o n necemher 28, 19R'3. 2 . That the present Comp rehensive Zoning Ordinance was adopted by Ordinance No . 26, Series of 1963. 3. That amendments to Ordinance No. 26, 1963, have been made; however, there has been no comprehensive revisiqp to the ordinance over the past twenty years. 4. That in working with the present ordinance, it has become apparent that discrepancies exist and some zoning and/or land use issues are not addressed . 5. That some of the problenu; that have been experienced in the administration of the B-2 Business District are: a. Certain permitted principal uses which would be compatible ln this dlHtrlct are not mentioned. b. Certain conditional uses which would be compatible in this district are currently not allowed • I • - • • • • • -2- c. ll>:<"s wloi <'h It I"'" l><•t•n dt•tt•rmin t•d wo uld lot·::l"' 1 ... pro- hibited in the ll--2 Zone Uistrict are not idcntlfied. 6. That no persons were present who wished to speak in opposition to th e proposed amt•ndm Pn ts t<\ tl w 11-2 Zont • lll strll"l reJ•.ulat lum:. 7. That no persons were present who wished to speak in favor of the proposed amendments to the B-2 Zone District regulations. 8. Tha t tiH· Con uuisH I.n n consitlc.•n •d tiH • propo s c.•d :uuvndnwnl s in an effort to address t he issues uuLlincu ubove. CONCLUSION J. That proper notice o f the l'uhlit: Heuring wus gi ven. 2. Th at no persons spoke in opposition to or in favor of the p roposed amendments . 3 . Although t he re are not major problems in the ll-2 regulations, it is proposed that the following provisions be included: a. To pe r mit res ldential uses in the ll-2 Zone Uist rict with app ropriate s tandards. b . To permi t mini-storage as a conditional usc. c . To prohibi t sales of items from temporary structures. 4 . That the pr oposed amendments to the B-2 Zone District regulations have been considered in a comprehensive manner as a part of the revision of the Comprehensive Zoning Ordinance. s: ThaL tlw p r opnsc!<l nmt•nclin<-nU: will nsslst in th e e f ficien t administration of t he Comprehens i v e Zoning Ordinance. RECOMMENDATION Therefore, it is the recommendation of the ~ty Planning and Zoning Commission to the City Council that the proposed amendments to the Comprehensive Zoning Ordinance, §22.4-11, H-2 llu sincss District, be adopted. Upon the vote on a motion made at the meeting of the City Planning and 7.oning Commiss ion on .January 17, 1984 , hy M.c.. Tang•m111 and seco nded by Mr . Allen. Those voting in favor of the motion were Mrs. Becker, Messrs. Carson , ~lcBrayer, Steel , Tanguma , All en and Bnrure. No one vot ed in opposition to the motion. Mr. Vcnuctl wus ulHHmt • • I • • ' • • • • • J{ev. 2-29-llt, Section 22.4-11 ll-2 llusiness District . This District is composed of .certain land and structur..,s used primarily to prov ide r etai ling and personal services to vehicular traffic. or motorized customers as well as residents o f the City and surrounding area. The ll-2 District is usually located on major access routes to the Central Busine ss District and is easily accessible from till' su rrounding r csidcnti.,l area which it serve s .. ~ke-~ses-permittee-i~-this-Bistriet-ftre-eesi~~ed te-permit-e-maMim~m-e~-tra~~ie-i~ev-vithe~t-ereati~g-~ftd~e-trei~*e heearae-er-e&RsestieftT a. Supplementary regulations. The provis i ons found in Lhls Zuni.! IHst r ic t shall be suhjcr:t to the requirements and stand a r ds found ln Scc.:Lion 22.5 , Supplementary Re>~;ulations, unless othe rwi se pro v ided for ln this Ordinance or an amendm ent hereto. b. Permit ted principal uses. No building structure, or land shall be used and no building or structure shall be erected, structurally al L~:rc:d, c:ulaq;cd or mulntained unlc!ls otherwise prov ldcd fur ln this Ordinance, except for one or more of the following uses: (1) Any use permitted in the B-1 Business District; {2) Animal hospitals (kennels to be enclosed and the runs enclosed by a fence six [6] feet high); {3) Auction houses; (4) AUTuMOBlLE SALeS OR LEASE NOT INCLUDING C~ERCIAL VEHICLE WRECKING DISMANTLING OR JUNK YARDS. {5) Drive-in t:ype eati.ng or drinking establishments; fS1--Bri¥e-ift-t)lpe-reetaHra~tst (6) Feed and seed stores (exclu ing the sale or storage of hay); • I • • • • • • • (7) FOOO I.Ot;KEJl STORACE; t1t--Sara~es-fsr-esmmereial-afte-p~blie-~~ili~y-vehiele~t (8) Gasoline and oil service s~ations; (9) Hospitals and convalescent homes; (10) MOTOR VEHIC LE SALES OR LEASE: (ll)tHl? Mortoari!.!s; -?.- (I 2) tll1 Mote 1 s, ioo.t+>£--eett£-t~-~--<:+>+H"-t+r-(.ft,.•-~;p,..,,.i.,.,to-~""-""""Y-ttHd (not including trailer courts); tl~t 9ttteeer-eemmereial-aevertisift~-eeviees-ffte-stteh-eeviee-shall be-plaeed-ss-as-ee-faee-afty-Reaieeft~ial-~efteT-pttblie-park sr-parkway-if-wi~hift-efte-fl99t-iee~-~herefremtt tl37-~ermiftals-fer-p~blie-~ranai~-¥ehieleat (13) PAWN SHOPS AND SECOND HAND STORES: (14) RECREATIONAL VEHICLE SALES OR LEASE TO INCLUDE BOATS, TRAILERS, MOTORCYCLES ANO OTIIER RECREATIONAL VEIITCT.ES. tl47-~railer-sales-leeat tl57-Hsee-eer-leest (15) tl&1 Any similar lawful use which, in the opinion of the Commission, is IIOL ulljt•t 'Liuoahl!.! Lo ll!.!arlly properLy hy r!.!aSU/1 ur uJur, dust, smoke, fum es, gas, heat, glare, radiation or vibration, or is not hazardous to the health and property o( the sur- rounding area through danger of fire or explosion. c. Accessory uses. (1) Any use incident to the above Permitted Uses, when located on the same building site as the Permitted !hie. (2) Swimming Pools -semi-private, semi-public, and public: (See Supplemcntnry Rcgulntlons.) d. Conditional Uses. Provided the public interest is fully protected and the following uses are approved by the Commission (Section 22.5-~l of the Comprehensive Zoning Ordinance): • I • • • • • • -3- ( 1) Adult Entertainment and/or Service l'acil ity. (a) No adult entertainment or service facility shall be located on any site u~less such site is not less than the distance limitation as required by this section: (l) 1,000 feet from the location of another such adult cntt!rLajnu~lll ur service fuclJ ily; and (2} 500 feet from the boundary line u[ any resldentlal district defined in the Comprehensive Zoning Ordinance, Ordinance No. 26, Series of 1963, as amended, including, but not limited to, K-1-A, K-1-B, R-1-C, R-2, R-2-C, R-3, or R-4 or similar residential zone district in an area adjoining the City of Englewood, or any religious institution, public park, public library, community center, or educational institution, whether within or without the City of Englewood. (b) Measurement of distances. All distances provided herein shall be measured as follows: (I) Wlth respect to Lhe dlstancc bctwecn a location for which an adult entertainment or service facility is proposed and a location where such a facility exists, the distance shall be m.asured by following a straight llne frum the neare11t polnt of the property line of the proposed licensed premises to the nearest point of the propel'ty 1 ine' which is the existing licensed premises. • I • • • • • • • • (2) With respect to the distance from the boundary (1) line of a residential district or any religious,institution, public park, public library, community center, or educational institution, the distance shall be measured by following a straight line from the nearest point of the property line of the proposed licensed premises to the nearest point of the district boundary line; or in the case of a religious institution, public park, public library, community center, or educational institution, the distance shnll be measured by following a straight line from the nearest point of the property line of the proposed licensed premises to the nearest point of the property line of a religious institution, public park, pub l ic library, community center, or educational institution . Wh e r e Lh e p r oposed location of an mlu l t enLerLainmcnL ur service facili ty is a vacant parcel of land upon which no permit has been issued for the construction of a building, all distances shall be measured from the nearest point of the property line of ·the land proposed as a location for an adult entertainment or service facility. Where the proposed l ocation of an adult entertainment or service facility is a vacant parcel of land upon which a permit has been issued for the construction of a permanent building for suc h use, all distances shall be measured from the nearest point of the property line as shown on the survey of such parcel of land. • I • • ' • • • • • -5- ~As amended by Ordinance No. 44, Series of 19Bl) (2) Motor Vehicle Repair businesses, not including body or fender work, dismantling or collision repair, and provlueu that: (a) Motor vehicles being serviced or stored while waiting to be serviced or called for a rc not pnrkcd on str~cts, nllPys, public sidewalks or parking strips; (b) All work is performed within an enclosed structure; (c) No materials or parts are deposited or stored on the premises uuLsjdl• ur ;111 cnt·loscd s lruclul·l~; {d) Any a rea subjec t to wheeled truffle or storage is scrccneu from adjacent or adjoining rcsidcntinl districts by a closctl- face wood, block or brick wall. {J) Motor Vehicle Launu ry or l'olishlng Business, whi ch shall comply with the followin onditions: (.J) A uol.ai111wu ul the.:<: (J) p..ar .in sp..aces shall be provide<.! on the sit for a h washin stall ; (b) Th sit sh ll b pav d to th specifications of the Departm nt of En in rin rvices; (c) All waste water shall be di&ch rged into the sanitary sewer line after having been run through a sand trap; (d) All lights used to illuminate the area sh!lll be directed away from adjacent residential properties. (As amended by Ordinance 026 , ~eries of 1982.) (4) Amusement establishments including, but not limited to: ~illiard Halls, Bowling Alleys, Coin-operated Games, Dance Halls, Electronic or Video Games, Night Clubs, Outdoor Commercial Recreational Facilities, Pool Halls or Skating Rinks. (As amended by Ordinance #28, Series of 1982.) (5) Mini&torage • • I • • - • • • • • • -6- e · PROHIBITED USES: NO SALES OR SJmVT.CE ACTIVITY SHAJ.J. JlE ALLOWED I"ROM ANY TEMPORARY STRUCTURE OR VEHICLE WHI~N A BUILDING l'ERMT'J' AI/PI. fCATTON liAS NO'l' BEEN SUBMITTED FOR A PERMANENT BUILDING OR STRUCTURE TO REPLACE THE TEMPORARY STRUCTUR E. f . Maximum height of bui ld ings. fi7--Fe~r-f47-eeerieeT-._~-fte~-~Pee~er-~hen Fifty (50) feet. fa7-fRepeaied-by-~reT-He~-a&T-Series-ef-i9&8Tt- g. Minimum yards SETBACKS. No yards SETBACKS shall be required; provided, however, that where a PROPERTY ZONED B-2, Business 9ie~rie~, abuts upon any PROPERTY ZONED "R", Residential District, situnted in the s<~mc block, the residential FRONT yard requirement of the abutting Residential District shall apply to that portion of the PROPERTY IN THE B-2 Business District within such block except as to side ysrds on corner lots. f~---6B P~er-~ets~--QA-SBFA8F-·B~B-~RB-88.B88K-S5-~RS-5F&A~-S5-~A8-BWi.8iR8- SAa••-ss~p·y-wi~R-~RS-88~Ba&k-FB~WiFB~8R~-s5-~AS-B~F88~-WpBR-WRi&R-~AS &s-ss~-aaak-~s-RS~-•••s-~kea-sae-ka•5-~+-a5-•k•-5Fsa•-se~aask-Fs~wiFa8 ~B F-awi.4iA8-8A-·8~&-5F&A~iA8-WPBA-~RS-Biea-s~F88~y-BK88p~-~Aa~-WA8F8 ~ASF8-BF8-RS~-·8~8-5F&A~iR8-WPSR-~Aa,-s~F88~y-~AB-siea-yaF8-F&~WiFB .. R.8 sAa••-as-pFs~ieee. h. Minimum off-street private parking and load ing. • (See Supplementary Regulations.) i. LIQUEFIED PETROLEUM GAS INSTALLATIONS SHALL BE PERMITTED ONLY FOR THE PURPOSE OF SUPPLYING FUEL FOR APPROVED HEATING EQUYMENT. 'LPG TANKS IN EXCESS OF 500 GALLONS (WATER CAPACity) WILL NOT BE PERMITPED IN THIS ZONE DISTRICT. LIQUEFIED PETROLEUM GAS INSTALLATIONS SIIALL CONFORM TO CURRENT FIRE CODE REQUIREMENTS . • I • • - l / • • • Cf'I'Y l'l.ANNINC ANil ZUN I N<: COMM ISS IO N I·:NC J.I ·:WOOIJ, COI.OH AIJO IN THE HATTE R OF 'CASE NO. 10-84 ) FINilTNC:S OF FACT, C:ONCJ.II ~;IO N , ANIJ ) REC OMME NDATIONS RELATING TO AN ) AMENDHENT TO §22.4-14, I-2, ) GENERAL INDUSTRIAL DISTRICT, IN ) THE COHPREIIENSIVE ZONING ORDINANC E ) OIWINANC:E NO .2(,, SI·:HII·::; OF I'Hd, CITY OF ENGLEW OOD, COLO I<AUO; WlllC II AM ENDMENT I'ERTATN S '1'0 '1'111 •: SPECIFIC REGULATION RELA'l'lVE TO THE I-2 ZON E DISTRICT. ) ) ) ) ) A l'ublic II caring was held on l'ebruary 7, 1':1114, in connection with Case No . 10 -84 in the City Council Chambers in the Englewood City llall. The following membe rs of the City Planning and Zoning Commission were present: Allen, Barhre, Becker, Carson, Magnuson, McBrayer, Stoel, Tang uma , and Venard. FTNilTNG OF FACT Upon r cvi.ew of the evidence taken .ln the form of t es timony, presenta tion, reports, and the draft of the propo sed zone dist rict amend- IJI(:n l ~:, til(' Cfty i'l:ntnin J~ :111d i'.on i n1•, Conuui~:siun 111;1kt>s llu· fullu wiiiJ', Findings of Fac t. 1. That n ut icc o( the l'ublic ll car ing wa s given in the Englewood Sen t inel , the official City Newspaper, on January 18, 1984. 2. That the present Com prehensive Zoning Ordinance was adopted hy Onllnnnn• No. 2(,, S<·rl "s of 1961. 3. That amendments to Ordinanc e No. 26, 1963, have been made; however, there has been no comprehensive revision to the ordinance over the past twenty years. 4. That in working with the present ordinante, it has become apparent that discrepancies exist and some zoning and/or land use issues are not addressed. 5. That some of the problems that have been experienced in the administration of the I-2 General Industrial Zone District are: a. Reclamation of land used for excavation and natural production has not been provided for under the cvrrent regulations. b. Certain activities which have been det ermined to be prohbiited from this district are not identified. c. Certain conditional uses which would be compatib le in this district are currently not addre»eed, • • I • - • • • • • -2- d. Tt is not clea r that the screen lng r<'<(U i n·m•••ro: arc no.t in lieu of the landscaping requirements. 6. That no persons were present who wished to speak in opposi- tion to the proposed ame ndments to the T·-2 Zone District rcgu'latlonH; however , there were people present for the public hearing. 7. That no persons were pres ent who wished to speak ln favor of th e proposed amendments to the I-2 Zone District regulations. 8. That the Commission considered the proposed amendments in an effort to addre,;s the i.ssues outlined nhove. CONCLUSION 1 . That proper nutice o( thl! l'ul>lic ll ca ring was !liVl!ll. 2. That no persons spoke in opposition to or in favor of the proposed amendments. 3. Although there are not major problems in the I-2 Zone Dis trict regulations, it is proposed that the following provisions be in c l tH.l e d: a. To require land recl.amatlon for natural production uses. b. 'l'o prohibit sales of items from temporary structure!> unless plans for a permanent struc ture have been filed. c. To permit certain amusement establishments as a Conditional Use . d. To c 1 a r lfy that s creen ln~ rcqui rcmen t s are set r o rth in addition to the landscaping requirements. 4. That the proposed amendments to the I-2 Zone District regulations have been considered in a comprehensive manner as part of the revision o f t h e Co mprehensive Zoning Ordinance. 5. Th at the proposed amendments will assist in the efficient adm inist r a t ion of the Com prcl te ns lve Zoning Ordlnanc e . RECOMMENDATIONS Therefore, it is the recommendation of the Citi"Planning and Zoning Commission to the City Council that the proposed amendments .to the Comprehensive Zoning Ordinance, 122,4-14, I-2 General Industrial District, be adopted. Upon the vote on a motion made by Mrs. Becker and seconded by Mr. Carson: Those voting in favor of the motion were Mrs. Becker, Hessrs. Carson, Magnuson, McBrayer, Stoel, Tanguma, Allen, Venard, and Barbre • • I • • • - • • ·-)- No one voted in opposition to tlH• mot ·ion. By Order of the City Planning nnd ZoniniJ Commi.ssion . • • I • • • • • • • IJI\III''L': .I''-'" rua ry I J , l'Jil "J il<'<'<'<nlwr Zll, I'Jt\1 M"y I "J, I 'Jil] .l"'•""'·y Z7, l<JH'I The I-2 Industrial District is composed of certain general Industrial areas uf the City plus c erLaiu 'up'-'n ar..,as where similar industrial development appears likely to occur. 'L'he t-2 General Lndustrial Olstri<:t should be lo- cated near major roadways, truck routes, and railways to provide adequate fn c i.l1ties for impnrtn t ion nnd e xportation of goodH to :~nd from tiH • lll s tril't and to lessen traffic congestion on neighborhood streets caused by industrial transportation. The regulations for this District are designed to stabilize and protect the e s sential characteristics of the District and, because of the mo r l· intcn Hl' n atu r e o f t h " d e v e lopment wtthl.n thiH diHtrlct, it iK n u t ln- t e nded thnt i.t ah ut up o n, adjoin or he adjacent to a re Ki<ll •ntial zo n e di H- Lri e t. ThC' clC'Vc l oplliC'nt ('()n>;i Ht K or )~C'nl'ral indus trinl IlK<'"· plw: l'l'rt ;dll uses providing services to the area, and regulations are established to govern t he external eff·ects of uses in the District. a . Su ppl cmc nL ury r ..,0ula Li uns . Th e p r ovio iuno found in this Zo ne Ois- t r ict sh a ll b e s u bj e c t to t he r e quirements and standards found in Section 22 .5 , Supplcme ntury Re (;ul at lon s , un less othe rw ise provided for ln this Ordin a nce or an a mendment hereto . b. Perm itted principal uses. No l and shall be used or occupied and no s tru c t ure s ha l l b e des igne d, e r ucted, al t e r e d, uMed of occup ied except for one or more of the following uses: (1.) 1\ny u se p cnnlt t e d ln th e f -1 fndustrlal ZOlll' l)it;tril·t EXCEP T MOBIL E HOME PAW; • I • • - • • • • -2- (2) Manufacturing , processing and/or rahrl.eat ion: • The manufacturing, processing, and/or fabrica~ion of any com- modity, ext:ept the hnslc nlanufactur<• and pro<.:eSHi ll)', ur anin,;d by-products or any organic type fertilizer, and any metal shreddi.ng or auto shredding ope-ration, or s-lmtlar use; (3) Sale at wholesale or storage: The sale at wholesale , the warehou sing and /or storage of any commodity ; (lo) Salt· at n•tnll: The sale at retail of the following: (a) Any commodity manufactured, processed or fnhriented or warehoused on the premises; (h) Equipment , suppl Lcs an d nmtcrinls (exce pt commercial ex- plosives) designed for usc in agriculture, mining, in- dustry, business, transportation, hulltlin1 ~ and other c.:un- struction; (5) Repair , rental and servicin g: The repair, rental and servicing of any commodity; (b) t:ummerc.:ial lnc.:lnt!ratur; (7) Natural production uses: The cxc.:avat lon u( sand, c lay, gravel, or other natural mineral deposits or the quarrying of any kind of rock formation, except top soil; THE LANU SHALL Ill> RECLAIMED FOR USES PERMITIED WITHIN THE ZONE DISTRICT; (8) Sewage disposal plant; (9) Automobile wrecking or junk yard: Any automobile wrecking or junk yard approved undt!r the pro- visions of this Ordinance shall have a minimum area of one and • I • • • • • -J-. ont!-il;~lf (1-1/2) acres , and shall comply with tile provisions of ·Sections 1 through 11, inclusive, Chapter'2, Ti~lc VT of the 1~69 Englewood Municipal Code, as amended, and any other applicable codes or ordinances; (10) ANY SlMTI.AI< I.AWFIJ.I. USE WIIICII, IN TilE Ol'lNION Ul ' TilE CUMMlSS!UN, IS NOT OBJECTIONABLE TO NEARBY PROI'ER'I'Y llY REASON OF ODOR, UUS'I', SMOKE, FUMES, GAS, HEAT, GLARE, RADIATION OR VIBRATION, OR IS NOT HAZARDOUS TO THE HEALTH AND PROPERTY OF TilE SURI<OUNDTNG AIU~A 'I'III<UUC II IJANGER Of.' FlRE OR EXI'LOSWN. c . l'ROiillliTED USES . NO SALES OR SERVICE ACTIV ITY SHALL llE ALLOWED FROH At-.'Y TEMPORARY STRUCTURE OR VEHICLE WHEN A BUILDING PERMIT APP LICATION li AS ii:OT I!EEN SUB!-ll 'l"l'EIJ FOR A l'ERMANENT llUILDING OR STRUCTURE TO REPLAC E TilE TGIPOHARY STRUCTUR E . tT d. Minimum ya~~~ SETil ACKS. Where an I-2 buildin~ site abuts upon, adjoins or is adjacent to a Residential Zone District, a setback of fifty (SO) feet is· requtrccl. &T e. Minimum private off-street parking and loading. (See Supplementary Regu lations.) eT f. Accessory buildings and permitted accessory uses, Any accessory building or use incidental only to a permitted principal use, wh!ch accessory building or use complies with all of the following conditions: (1) Ts clearly incidental nnd customary to nnd commonly asRnclatC'd with the operation of the permitted principal use. (2) Is operated and maintained under the same ownership or by • • I • • • rt • • • • ~ lessr.!es or cont:essionaires thereof and on the suutc 1ut as the permitted principal use, (3) Does not include structures or structural features incon- sistent with the permitted principal use. or watchmen. (5) If operated partially or entirely in detached structures, such detached structures shall be limited to a gross floor art!a u[ nut mort! than ten (10) pt!n.:c nt of the urt!u uf tlw lot on which tht! permitted principal usc is located. (6) If upt!ratt!d purtially ur t!nt1rcly within the structure eon- taining the permitted principal use, the gross floor area withJn sucl• strueturt! utill~ed hy ucce,;sury uses (cxct!pt · garages , loading docks and company dining rooms) shall b e not greater than ten (10) pcrt:t!nL of tht! gross fluor areu o[ tltt! structure containing the permitted principul usc. h g. C_o_n_tl_i..!_i_o_n_a]. ":';_c,.,, Provided the public interest is fully protected and the following use is approved by the Commission: (1) Uses (a) Adult Entertainment and/or Service facility. {l) No ndul t enLt ·rtainment or scrvicl' fuc lllty shall be locat-ed on any site unless such site is not less than the distance limitation as requi:ed hy this section: i. 1,000 feet from the location of another such adult entertainment or service facility; and ii. 500 feet from the boundary line of any residential district defined in the Comprehensive Zoning • I • • Ct Ct • • • • -5- • Ordinance, Ordinance No. 26, Series uf 1963, as amended, including but not limited to R-1-A, lt-1-B, lt-1-C, R-2, R-2-C, lt-3, or R-4 or similar residential zone district in an area adjoining tlw.C:ILy of l·:ngl c wood, ur any r<•l it•,iuu s lnstltutluu, puhlic park, public library, c ommunity center, or educational institution, whether within or with- out the City of Englewood. (:.1) Ml!asurelllent u[ distances. All distances provided herein sh all be measured as follows: i. With respect to the distance between a location for which an adult entertainment or service facility is proposed and a location where such a facility exists, the distance shall be measured by following a straight line fro111 the nearest point of the property line of the proposed licensed premises to the nearest point of the property line of thC' extsting licensed premises. ii. With respect to the distance from the boundary line of a residential district or any religious institution, public park, public library, com- munity c-e nte r, or c <.lucatiunal institution, the distance shall be measured by following a straight line from the nearest point ~f the pcoperty line of the proposed licensed premises to the nearest point of the district boundary line; or, in the case of a religious institution, public park, public library, community center, or educational I • • - • • • • • -b- • institution, the distance slt<.~l t he tue<.~sured by following a straight line from 'the n~are s t point of the property line of the proposed licensed premises to the nearest point of the property lin.t• of ;1 n ·llgiou s Institution, ptdll ir l'"rk, puhl i c library, conununity cent e r, or cducationnl institution. iii. Where the proposed location of an adult enter- LJ.inmcnl ur !:icr vi.c c fac i..l ity iH a V.:J CLUIL pan.:.cl of land upon which no permit has been issued for the construction of a building, all disLances shall be measured from the nearest point of the property 1 inc of the la nd proposed as a location for an adult entertainment or service facility. Where the proposed locution u[ an adult entertain- ment ur serv ice facility is a vacant parcel of land upon which a permit has been issued for the con st ruction of n permanent bui.ldlnr. for such use, all distances shall be measured from the nearest point of the property line as shown on 0 the survey of such parcel pf land. (b) Dump (Set• Sec-tion 22.5-16). (c) AMUSEMENT .E STAIILTSIIMENTS INCLUDING , BUT NOT UMITF.D TO, TITI.l.TfiRil llfll.LS, llOWI.TNC fll.l.F.YS, COTN-OPF.RATED. C.AMES, • DANCE HALLS, ELECTRONIC OR VIDEO GAMES, NIGHT CLUBS, OUTDOOR COMMERCIAl. RECREATIONAL FACILITIES, POOL HALLS • OR SKATING RINKS • • • I • • -• • •' • ·-7- • gT h . Limita tl_~n_s _ _9l!_.!!_~t~_}'_!l_~c_!'fcc_E_!l_.2_f_\!--;E.S.· Every usc· <;.•:t a hl islwd or placed int o operation af t e r the eff ec tive date of this ordina nc e s hall comply forthwith with the following limitations. All uses e stablished ~nd i.n ope r a - t ion on the effective date of this ordinance shall be made to comply with • • • t he following limitations on or before January l, 1977: (l) Voluun.: ul suu11<.l l,;t!lll.!l 'aLe<.l . l•:very u :;e ,;hull be :;u upecuLe<.l thut th e volume uf :;uun<.l inherently an<.! recurrently ~,;enerateu does not exceed seventy-five (75) decibels at any point of any boundary 1inc of the lot on which the u sc i.s loC'atcd. (2) Vi b ration generated. Every use shall be so operated that the ground vib ration inherently and recurrently generated is not perceptible without instruments at any point of any boundary line n f L11c lot on wh ic·h the ust• is l oc·ated . (3) Emission of hea t, gla r e , raui.ati.on, dust, a nd fumes. Every use shn 11 lw so o p c cntcd that l t do cs not cud t a dangProus degree of heat, glare, radiation, dust or fumes beyond any boundary line of the lot on which the use is located. (4) Outdoor storage and waste dis posal. (u) Nu lllaLt·r ials .ur wa ;;Le ;; :;hull he JepusiLe u up on u loL ln such form or manner that they may b e transferred off th e l o t hy natural causes or forces; (b) All materials or wastes which might' cause fumes or dust or which constitute a fire nazard or which may be edible by or otherwise be attractive to rodents or insects shall be stored outdoors only ln closed containers; ~~HH~Hry lin~ a~ a ~~~ ~" wkiek ~key ~•e l~e"~~~ ~""" ~k~ fellewinB aini•~• 4ieleneee~ • I • • - • • • • • -H-. (c) l,.lQUEFllW I'ETROL·EU M CAS INS'l'ALLA'l'lONS SllALL CUNFOI{M '1'0 CURRENT FIRE CODE REQUIREMENTS. iF S~QilS9 H &~QIUoQ WA~iR ~APA~i~ PiR ~QN~AiNiR UNI)ia~aouw ABQV&~RQUN9 hi<fHI l;HIIA :j,;!!; f,lll-,l.RAH +.Q ~ .. i<l; w ...... l.:I~---~QO Ma++eRH +.0 ieet; l.O I' eel; ~Ql---:1000 ~all.eRs :1~ ieet; :1~ i&e• 0¥eP :ITOOO galleRs §Q ieet §0 ieet fdt ~K~±H~i¥t~ ~h~±± be ~~Hfed ftH e±HHtf ~H ~RY bHeftd .. fy l±~t Df ~he le~ eft whieh ~hey .,fe l .. e .. ~ed i;h8ft i;he fell8wiR~ !ii!'ll:8ftttY-t Pettrui!l Mini:lllttlll 9iet;anees ~---§ -1Q feet §---!0 90 feet ±Y---:IU HU 'eet :10---:1~ ,U:i 'IUili 0¥&• ~ ... N&li pe•a4lilie4 (d) 1-:XI'l.OST VI ·:S Sll lll.l. II " S'I'OIO·:n , USED AND MIITN'I'IITN ED lN AC- CORDANCE WITH CURRENT FIRE CODE REQUIREMENTS. AT i . Screening . In an effort to lessen the incompatibility between a rcsi<.lcntial <.llstrlcl and an 1n<.lustri;,d <.llstrlct wh e r e those <.llstrlcts abut, adjoin or are adjacent, one to th e other, it is deemed necessary that the owner of the use in the industrial zone take certain meaaures tD protect those persons in the residential district. PERSONS IN THE RESIDEN1IAL DIS- TRICT SIIAl.L BE PROTECTED from the possible adverse effects of the noill e anti lights from cars, the passage of materials or wastes from parking lots, loading areas and storage yards and to discoura&e juveniles from treapassing I • • - • • • • • • • -\1-. in hazardous areas where the storage of equipment and supplies may create an attractive nuisance. ONE OF the following provisions a•e SkALL BE applied. (1) SETBACK/SCREENING IN ADDITION TO THE LANDSCAPING l{EQUlREMlO:N'l'S. i£ ehe pPifte!pal pe•Mitled ~tee is wiehi.n a ltH-ihlin!l., ~tRd 101te hHi.dfH~ PH!~HHPP, fHPPH !hP .PH+~PH@+H• H~HP ~iH~¥iP!0 'n t~r~ shall he no less than a ten (10) foot scthack in iPenl ei ehe e~tileins ana •hal FROM THE PROPERTY LINE WHERE IT ABUTS, ADJOINS OR IS ADJACENT TO A RESIDENTIAL DISTRICT. THE SETBACK area shall be landscaped with lawn, trees, and shrubs of both a deciduous and evergreen variety. ~he lanseeapiftg MBY he aeeen~;es ey ~;he ~td8ieieRa! ~tee el B'PftaaeRea! le8l~tree a~teh lilt 8£ifl0weed., Peek., £e~tneains eP ee,teel;s e£ a•h SUCH LANDSCAPING Pl.AN SHALL BE FILED WlTll TllE BUILDING l'ERMIT APPLICATION • (2) SOLID FENCE: AS AN ALTERNATIVE TO SEC. (1). ·H The portion of the lt~tildiftg site PROPERTY which abuts upon, adjoins or is adjacent to the residential zone district ie ft81; the e~tileift8 &ftt•afte&T e¥1; ie lt&ee £ep ei£-at•ea• pa•kiR8T •oad+n~ eP ehe elePa~e e¥ e~Hipllleftt., •aeepialH llftd/e• ~t~tpplieHT eheee ~teee shall be enclosed by a decorative, closed-face or solid concrete, block, wood or brick w•** FENCE not less than six (6) feet high, which wall FENCE need.not be set back from th e prop e rty 1 inc. NO llll'fLlHNG OR I'Olt'l'LON 'l'lmtn:oF QUALil'IgS AS A WALL, SCRE£NING OR FENCE UNDER TilE PROVISIONS OF THIS SECTION. An exception to this provision shall be made as necessary at an intersection or at an entrance to an alley or driveway in order not to obstruct the view of a .atoriat; this can be done • I • • - • • • • • • • • • -10- , by reducin!l the height uf the fence ur wull uL· Lhc plantings for such distance and to such extent as requi~ed by the Code Enforcement Uivision. (As amended by Ordinance Nu. 44, Series of 1981.) j. LANDSCAPI_N_Q,. LANDSCAPING SIIALJ. BE IN ACCORDANCE WITII §22 .4D, LANDSCAPING ORDINANCE • • I • • • • • • • • • CITY I'LI\NNJNC /\Nil ZONINC COMMISSION io:NC I.I •:WOOil, COI.OIUIIlO lN THE MATTER OF -CASE NO. 12-84, ) FTNDTNCS OF FACT, CONC:l.liS fONS, ) ANU RECOMMENUATIONS I{ELA'l' lNG '1'0 ) AN AMENDMENT TO §22.4 C DESIGN ) GUIDELINES FOR THE SOUTH BROADWAY ) INCENTIVE AREA OF THE COMl'REHEN-) S TVE ZONT NC ORDTNI\NC:I ·:, OIW I NI\NC:I·: ) NO . ;!6, SERiES OF 1Y6:J, CiTY OF. ) ENGLEWOOD , COLORADO; WHTC:H 1\MEND-) MEN'l' PERTAINS TO THE SI'ECll'lC ) REGULATIONS RELATIVE TO THE ) DESIGN GUIDELINES. ) J\ l'ul>ll.<: llc·arLn~ was hc:l.cl u11 l'c:bruary I, L'.ltl4, in .:unnc.<:Liun with Case No. 12-84 in the City Council Chambers in the Englewood City Hall. The f ollow in~ members of the City l'lunnlng und Zoning Commission were present: ~1r. Barbre, Mr. Tanguma, Mr. Carson, Mr. Magnuson, Mr. Mcflrayer, Mrs. fleck.er, Mr. Stuel , Mr. Venard, ;tiHIMr. 1\llen. FINDINGS OF FACT Upon review of the evidence taken in the form of testimony, presentations , reports, and the draft of the proposed Design Guidelines amendments , the C:ity Planning and 7.nning Comnilsslon mak<'s t·la(• folluwinl'. Findings u f Fat:t. l. That notice of the PubUc Heuring was given in the l·:n~l.ewood Sentinel, the official City newspaper, on January 18, 1984. 2. That the Comprehensive Zoning Ordinance was adopted by Ordinance No. 26 , Seri~s of 1961. 3. That a goal of the Comprehensive Plan which was adopted by Council Resolution No. 49, Series of 1979, was to revitalize the South Broadway retail area, and more specifically to renovate the front and r ea r facade s of the st ructures along South Broudway around a theme or a commonality of design, and to provide plantings, new l~ghting and street furniture. 4. That upon the recommendation of City Planning and Zoning Com- mission, the City Council adopted the Design Guidelines for the South Broadway Incentive Area by Ordinance 43, Series of 1983, on September 7, 1983. 5. That in working with the present Design Cu[del ine11, it ha11 become apparent that discrepancies exist and some design issues ar~ not properly addressed. 6. That th e dcsl~n issues that mn,;t he addre,;sed arc a rc•sul t of experience gained in the administration of the Guidelines over the past six months are: • I • • - • • • • • • • -'2.- Tndividual letters tlwt arc lntC'rnally llltlluoill:olt•d a~e not permitted. Banners which do not contain commercial aovertising are not permitted. The Design Guidelines create a class of nonconforming sign that is regulated in a manner inconsistant with the Sign Code. 7. That tit" lnt.,nt and 11,oal of the Ue~;ign Guideline~; is to develop n positive image for the nrC'a and <:reate a frnmcwork for :orchltc•ctural com- patibility. B. That no persons were present who wished to speak in opposition to the proposed amendments to the Design Guidelines. 9. That no persons were present who wished to speak ln favor of the proposed amendments to the Design Guidelines. 10. That the Commission considered the amendments in an effort to a ddres s the issues outlined above. CONCLUSION 1 . That proper notice of the Public Hearing was given. 2. That no persons spoke in opposition to, or in favor of, the proposed amendments. 3. That in an effort to address the problems in the Design Guidelines the following issues were discussed: Ba c klit or internally illuminated signs. Banners. Nonconforming Signs. 4. That the proposed amendments will facilitate administration of t h e Design Gu idelines and consequent l y the redevelopment of the Downtown. RECOMMENDATION Therefore, it is the recommendation of the City Planniag and Zoning Commission to the City Council that the proposed amendments to the Comprehen- sive Zoning Ordinance, §22.4C Design Guidelines for the South Broa~way Incentive Area, be adopted. • I • • • • • • • ·-]- Upon the vote on a motion made at the meeting of the City l'lanning and Zoning Commission on February 7, 1984, by Mr. Canwn and 'il ·•·on<l('(l hy Mr. Magnuson. The v ote wao; unanimous in favor of the motion. fly Order of the City Pl11nninl\ and Zonlnu Commission. Chairman • I • • n - • ' • ' • • • • ~ SEC'l'lUN 22 .4 C Ues ign Cuid e lines · for the South Uroadway l nccnllvc Area. This section of the Comprehensive Zoning Ordinance has been designed to implement the goal s o f the Compreh e nsive Plan and th e Engle wood Downtown Ke:d e ve lopment l'lan a s t hey pe r t'ain t o th at portion of South Uroadway in the 32 00 t h r o ugh 350 0 bloc k s which shall be r e f e rr e d to as th e South Uroadway I nc e ntive Area . Th e Sou t h Br oadway I ncentiv e Ar e a (S.B.I .A.) is creat e d in order to develop a positiv e image fo r th is a r e a wh i ch will e ncourag e n ew busin esses a n d t o cre at e t he f r amewo rk for b oth new d e velopment and redevelopme nt L hr<JIIi~h nrchl t eet ur nl <'OIIl f'ilt ·i hi l ity t o p r o vidt• h e tt <'r in s i ght in to th t• dcsiv,n asrcc t s o f exis tin g hull d in p,s a nd th e r o t<'ntial o f prop e rti<•R a long Srllrth llroarlwny . To till>; t·nd , cr i tl'rin h y whi c h individual p ro p t•rll t•s t'il ll be redev e l oped or res t o r ed are her ein se t forth: (l) Reestablish and un ify t he b u ild i ng f acade charac ter t h r o ugh c111phusi s un uriginul .cuusLrucllun lllutcrluls u nu strucLural modules. (2) Remove unnecessary visu al clu tter f r om t he bui l d i ngs not con- sistent with the original construction • (3) Improve the quality of the pedes t rian e x perien ce alon g Broadway. (4) Rceatablish upper level office an t! rea i dcn tial usus. • I • • • - • • -L.-. • ~ (:i) Facili latt! pedt>strian access to liroadway from parking areas. (6) Upgrade the appearance of rear of buildings. (7) Tmprove> sc·rv lc-c· ac.c·e>ss alonp, r ra r of huiltllnr,H. b. Administration. The review of the plans shall be the responsibility of the Director uf Cuuuuuuily lh:vclupmcnl ur lice Ucslgncc fur c.un[ucmuncc with LhcHc rcgulu- tions. No building permit Hhall he is!lucd (or the reeonstructiun of the ex- Lt!riur of any hul ldlnt; unless the i.uapruvt>auent cunfuraus with Lhcsc guid..,Lln'-'"· t:. Facade /Design Criteria. ' ( 1) General Facade Zo nes. (a) Winduw sill zone -2 feet tu J feet 6 inches (rum ground 1 eve I. (b) Display zone -Window area between window sill and first r I 011 r ("(• i 1 i llf', 1 (' V(' "I • (c) Signage zone -From first floor ceiling to second floor window sill level . • (d) Upper floor commercial/residential zon~ -Second floor window slll to top floor ceiling. (c) Architectural roofline zone -From top floor ceiling to top • of parapet • (2) Design criteria for upgrading and restoring exiRting front I • • • facades. (a) Facade exterior • • • - • ' • c • • • -J-. 1. Th e renovation of existing facades shall respect the relationship of ,first floor store fronts ' and upper stories and shall be consistent with the original architectural character. 2 . 'l'il c rc1uuval' ur u lt c cutlon of uny ilisturh·ul ur <lis- tin c tLvc arc hlt cc tur<Jl dctal.l in~; shull h e """.j.tl.,tl UlS- COURAGED . Recommended building materials: a. Permitted cladding shall be brick, stucco or other masonry material. b. Permitted window casings: Wood, bronze or black anodized aluminum, painted or baked enamel steel. c. Pe rmitt e d tr i m: Wo od, stuc co, st a mp e d metal or b rick. 3. Building cladding c olors shall be earth colors. 4. Building trim colors shall complement the colors of uujuccn t hu l ]dlngH , 5 . Gla s s areas: a. F irs t floor - Ma ximum 60 % vertical surface. b . Second floor -Maximum 40 % vertical surface. c . Third floor and IJbo v c - Unres tri ct e d . (b) llclght and Scale , 1. The height a nd scale of buildings should relate to the urch l tcct ur c o nd He n l e o f a djacent hulldinMH· I • • - ( ( 0 • • • -4-. 2. Overall height is limited to four stories maximum. (c) Setbacks. 1. Mandatory 0 foot setback wherever possible. floor sethack for weather protection is encouraged. (d) Architectural projections into right-of-way. l. Unl"ss utherwlse pcrmlltctl, nu LH!W metal canupi"s, roof overhangs, or uther permanent architectural elements may project lntu the ri~;ht-o[-way. Canvas aw ning s are encouraged. 2. No s tructural element may project intu right-of-way. (t:) Slgn a~;e. l. In adtlltlon tu the i·:nlllL"Wootl sign requirements s pccH ictl in Section 22.7 of the Comprehensive Zoning Ordinance, thC' following rc<]uirements s hnll nlso np ply to th C' South Broadway Incentive Area. In the event that these require- ments and those of the more general Sign Code requirements co nflict, the more stringent regulations shall apply. a. Wall s i g n s shall only he located in the sign zone. b. Projecting signs shall only be located in the sign e zone and shall he no larger than 12 squa £e feet per ( • face and 24 square feet total. c. Signs painted on windows shall be permitted in windows above the first floor and shall identify the business located on the premises only • • I • • ( ( ( • • • • -5- 1NU1V1DUAL L~T'l'~RS SHALL II~ TH~ ONLY TYPE OF IN- TERNALLY ILLUMINATED OR BACKLIT SIG~ PERMITTED. <·. 11/INNI·:HS, WIIICII UO NOT CONTAIN COMMI·:RCII\1. 1\llVI-:I{TISI'Nt: Slllll.L TIE PERMTTTED WHEN USED FOR DECORIITTVE PURPOS ES. 2. ANY SIGN WHICH WAS LAWFULLY ERECTED AND MAINTAINED PRIOR TO THE EFFECTIVE DATE OF THIS ORDINANCE, BUT WHICH DOES NUT CUNFUIU1 'l'U TilE LlMlTA'l' lUNS ~STAllLlSliEU llY 'l'lllS ORDINANCE, SHALL B~ A NONCONFORMING SIGN, ANU MUST II" llROUCIIT INTO CONFORMANC~ OR TERMINAT~U AND CEAS~ TO EXIST IF ANY ONE OF THE FOLLOWING CONDITIONS OCCUR : A. WI\EN~VER THE SIGN IS DAMAGED MORE THAN 50% OF ITS TOTAL REPLACEMENT VALUE, OR DESTROYED FROM ANY CAUSE WIIATSOlN~l{, OR li~COMES OliSOL~T~ 01{ SUllSTANUARU UNU~R ANY Al'l'L ICAliL E ORDINANCl •: OF TilE MUNICll'ALl.'l'Y, TO 'l'lll' EXTENT THAT THE SIGN BECOMES A HAZARD OR A DANGER. II. WIII\NP.VER Till' OWNERS11Tl' OF THE PROPERTY CliANGI•:S ON WHICH THE SIGN IS LOCATED. C. WHENEVER THERE IS A CHANGE IN THE LESSEE, OWNERSHIP OF THE BUSINESS OR USE TO WHICH THE SIGN PERTAINS, D. Wll ENEVER Tll ERE IS A REQUEST MADE FOR A PERMIT TO CHANGE THE SIGN. f.. Wllf.NlWER 1'11ERE TS A REQUEST FOR ~ PERMTT· TO HAKE IMPROVEMENTS TO THE FACADE OF THE BUILDING.ON WHICH Till\ SIGN IS LOCATED. APPEALS SHALL BE HANDLED IN THE KANNER SPECIFIED IN 122.7-l)d OF THE SIGN CODE • • I • • ( ( • • • • ( 0 i\wn i n~s. 1.. Two types of canvas awnin~s s hall be ust!d; a . lndividuui awnin~s located at entries tu shups and second story windows. b . La r ge awnings cov e ring the> entire• huil<lln r. f ·ront ar,e . 2. Awnin p,s shall he attached below the sign zone. 3. Awnings are permitted over windows o n upper floor s . 4. Maximum depth of awnings shall be 8 feet. 5. Culu r sc.:.ll t:lllt.! uf u wnin gs s hall c.:umplcuu .. •nl Lit e l·ulurs uf the e qn iprncnt. (g) Mechanical eq uipment. 1. :.!. Mechanical equipment projecting from facade into the right-of-way shall not be allowed. All roufLup met:lwnical equipment shall ue screened with some type of architectural clement which is consistent with the original facade of the building. (3) Upgrading and restoring facades of rear of buildings. (a) Rear facades shall be coordinated with color of front facade through painting with a limited palett~ of earth tone colors. (b) All paving at rear of buildings shall be asphalt OR CONCRETE except at pnss throughs wher e special paving sue!' oR brick, tile or block pattern shall be used. (c) Consolidate and screen all service areas (trash, etc,) with noncombustible mat rial • • I • • c . d. ( • • • -7- .. Uesi~n Criteria fur Cunstruct~on of New lluildings . (l) In addition to the above criteria, additional standar~s have been prepared to insure the compatibility of any new develop- ment with existing buildings. (a) Facade must occur at right-of-way 1 inc 0 fuut s<-th:wk except at intersections and walkthroughs. (b) Masonry construction mandatory at property line. (c) Construction materials set hack from property line need not ht· masonry hut shall he on approve-d 1 il;t. (Sc•c Section 22.4 C c(2)(2)2 for approved list.) (d) first floor setback of 12 feet is encouraged fo r wea ther protection. lf no setback , a canvas awning is encouraged. (e) Masonry facade on right-of-way must constitute 40% or more of building surface unless n walk through is de!>igned through or within a building in which case the masonry facade on the right-of-way must be at least 25X. (f) Building facade width shall conform to existing typical lot width (25) feet and the same facade treatment cannot exceed 3 lots per building (75) feet. (g) Building height shall not exceed 4 floors. Fourth floor ~ must be set back 12 feet from right-of-way. (h) Basement access must occur outside the right-of-way • • • I • • ( c • • • • UEl'Alfl'MEN'l' OF COMMUNl 'l'Y UEVELOl'MEN'l' ENGLEWOOD, COLORADO FINDINGS, CONCLUSIONS AND RECOMMENDATIONS IN THE MATTER OF CASE NO. 11-84, FINDINGS ) OF FACT, CONCLUSIONS AND RECOMMENDATIONS ) HI ·:I.A'I'TNr. TO TilE AMI·:NilMJ ·:NT~; '1'0 §?.2. 7-6, ) §ll.7-7, §2l.7-tl, §U.7-':I ANU §·a.7-16 01 ,. ) THE COMPREHENSIVE ZONING ORDINANCE, THE ) SIGN CODE, lmiCll WAS ADOP TED llY ORIHNANCE ) NO. 29, SERIES OF 1982, WHICH AMENDMENTS ) RELATE TO SPECIFIC REGULATIONS RELATIVE ) TO THE SIGN CODE. ) A Public Hearing was held February 7, 1984 in connection with Case No. 11-84 in the City Council Chambers in the Englewood City llall. The following members of the City Planning and Zoning Commission were pres ent: Mr. Barbre, Mr. Tanguma , Mr. Carson, Mr. Magnuson, Mr. M~Hruyer, Mrs. Becker , Mr. Stoel, Mr. Venard, and Mr. Allen. Upon revl<:w of the evidence taken i.n the fur111 of t"st illluny, pr"s "nt a t l on!>, report!>, and filed documents, the City Planning Cununisslon makes the following Findings of Pact: 1. Thnl no t ·i<'<' of the Puhlic ll e arinl', was glvc•n In l'h<• t:ngi"wuud Seutlnel, the official City Ne wspap er , un January ltl, 1Ytl4. 2. That upon the recommendation of the City Planning and Zoning Commission, the City Council adopted a Comprehensive Plan for the City of Englewood by Resolution No. 49, Series of 1979, on December 3, 1979, and that 113 Englewood citizens actively participated in the deve lopment of the Plan. 3. That in approving the Comprehensive Plan, the City Council adopted certain goals for the City, which goals affirm the desires of the c itizens of Englewood, inter alia: t o encourage and support the vitality and, the existing variety of established businesses; to p r ovide the c l i mat e for attracting new businesses, thus increasing .our tax base; to upgrade marginal uses and to replace or rehabili~nte de t e r io r atinK s tructures; t o improve the visual aspects of businesses along these commercial strips. To this end, attention must be given to s ign control, landscnpinK of parking lots and public areas, and other amenities. to improve the visual quality of the City • I • • c • • • • -2- 4. Th:~t upon Ll11., rc<·oonuocndat iun uf Lh c Ci Ly I' I""" i,r1, :111d Zoning Commission, the City Council ' adopted a Sign Code by Urdinunce No . 2'1, Serles of 1.9B2, un July 5, 19B2, whlch Si~;n Code fu,rthcrs th e stated goals of the Comprehensive Plan. 5. That in working with the present Sign Code, it has become apparent that discrepancies and inconsistancies exist and some sign issues arc not addressed. ti. That S O/Ill" or till' 1JrohiL·IIl~; Lllal" havt• IH'l'll l 'X lH 'I~il 'I1("L'll in administration and enforcement of the Sign Code are: Proof of liability insurance should be provided prior to installation of street banners so as to relieve the City and the public utilities from liability. lh.::ll <·~;tat<.· sip,ns, suhjl'ct to yc..·arly rt•J•,I st rallon, ~dnHtltl have standards that are differentiated by use and regulated accordingly. flnimated barber poles should be permitted given their historic significance and character which they lend to the business community in Englewood. Wind powered devices should he chunged to w lnd signs to be consistant with the definition section. Flashing or blinking lights should be included with flashing ur hi inking Hig ns so"" Lu clearly tlt•finL' tilL· illll'lll ur Lloi>; particular prohibition. Strings of lights should be eliminated from the prohibited list inasmuch as such lights are provided as a convenience to the shopping public as well as to provide security for the goods or merchandise displayed under such lights. In residential zone districts, standards should be established for residential and nonresidential uses which are more specific to those uses than currently provided. ln residential zone districts, nonresidential uses should be permitted to use joint identification ~igns so the public will not be inconvenienced by poorly or inadequately identified businesses. The definition of sign should be modified to remove the ambiguity as to what constitutes a sign. B. That no persons were present who wished to apeak in opposition to the proposed changes to the Sign Code. 9. That no persons we re present who wished to speak in favor of the proposed amendments to the Sian Code. 10. That the Commission considered the amendments in an effort to address the ieeuea outlined above • • I • - ( ( • c • • • • -]- l. That proper notice of the public hearing was given: 2. That no persons spoke in opposition to or in favor of the proposed amendments. 3. That in an effort to address the problems in the current Sign CudC! TC!gulatlons, th<· foll\>Wirw. ls s m·s wt•re a<ldn•s•;ed: Signs Sahj cct to Tempera ry Pcnn1.t --St rcct Banners. Signs Subject to Yearly Registration Real Estate Signs. Signa Prohibited in All Zone Districts. Signs l'l!rnrlttl!d in ltl!sldcntiai Zone Ulstri<:ts, Definitions. 4. That the proposed amendments to the Sign Code have been considered in a comprehensive manner as a part of the Comprehensive Zoning Ordinance. 5. That the proposed amendments will result in a more equitable and efficient administration and enforcement of the Sign Code regulations. RECOMMENUATlON Therefore, it is the recommendation of the City Planning and Zoning Commission to the City Council that the proposed amendments to the Comprehensive Zoning Ordinance, 122.7, Sign Code, be adopted. Upon the vote on a motion made at the mc-etinB of the C:lty Hanning and Zoning Commission on February 7, 1984 by Hr. Carson and seconded by Mr. Steel. Those voting in favor of the motion were: Mrs. Becker, Messrs. Carson, McBrayer, Magnuson, Steel, Tanguma, Venard, Barbre and Allen. No one voted in oppsoition to the motion. lly Order of the City Planning and Zoning Commlr>slun . I • • • • • l'ropusl•d fur· Aull •rHillll'lll": '1./7/111• ( TABLE OF CONTENTS §22. 7 SIGN CODE ••••••••••••••••••••••••••••••••••••••••••••••••• 1 §22. 7-1 General Statement .••••••.•••..••.•••.•••••.•••.••.••.• 1 §22.7-2 Scope and Application of this Section ••••....•.••••••• 1 §22. 7-3 Permits. . . • • . • • • • . • • . • • • • • • • • • • • • • • • • • • • • • • • . • . • • • • • • • 2 §22. 7-4 Permit for Group Signs ................................ 4 §22. 7-5 Signs Not Suhj ect to Permit ........................... t, §22. 7-6 Signs Subject to Temporary Permit ..................... 5 §22.7-7 Signs Subject to Yearly Registration ••••••••••••••.••. 6 §22.7-8 Signs Prohibited in All Zone Districts ••••.••••••••••• 6 §22.7-Y Signs Permltted in Residential Zone Olstriets ..•••.... 7 §22. 7-10 Signs Permitted in Commcreial and Industrial Zone Districts ............................................. 10 §22. 7-11 Sign Area Measurement ••••••••••••.•••••••••••..•••...• 13 §22. 7-12 Maintenance ••••••••.•••.•••.•.•••••••••••••.••••••..•• 14 §22. 7-13 Nonconforming Signs ................................... 14 §22. 7-14 · Pro hi hitcd, Hazardous and Ahandoncd Signs ............. 16 §22. 7-15 Severability .••••••••••••••••••••••.•••••••••••••••••• 17 522.7-16 Definitions •.•.••••.••••••••••••••••••••.••••••••••••• 18 I • • • - ( ( c • • • • This Ordinance shall be known and cic;ed as the "City of Engluwu"ou :lign ·code." §22.7 SIGN CODE 122,7-1 General Statement. Tho City Planning and Zoning CoOUIIillflion unli Cit)l Council rccoKni:r.c that ~igns are o necessary meanu ·of visual communication for the convcniunce of the public and that .it is the right of those concerned to identify their businesses, services or other activities by the use of signs. llowever, the Commission and Council are also aware that citizens of Englewood arc concerned about adoptina and enforcina sound environmental practices, in- cludina the strict control of sians, end limitina aians to those which are accessory and incidental to the use on the premises where such signs urc locatcd. It is to thi,; end that the following goal~; arc uut forth unJ the regulations in this section are deemed necessary: a. To protect the public from haaardoua conditions that result from s igns which are structurally unsafe, obscure the vision of motorist~;, und/or compete or conflict with necessary traffic signals or other traffic regula-tory devices. b. To encourage signs which are well-designed, legible, and appropriate to the uses permitted as well as compatible with their surroundings and with the buildings to which they are appurtenant. c. 'L'o provldc a re;;sonable Llalancc between the right of an indlviJuul to identify his business and the right of the public to be protected against the visual discord resulting from the unrestricted proliferation of signs and similar devices. d. To require that sians which advertise or identify a use or a bu sine ss no longer in operation be removed within a reasonable time. e. To require that signa which de not comply with the requirements of this Ordinance be terminated within a reaaonable period of time. §22.7-2 Scope and Application of this Section. These regulations shall govern and control th~ dieplay, construction, erection, alteration, remodeling, enlarging, moving or maintenance of all aiana permitted within all zone districts established by this Zoning Ordinance and any amendments thereto, This sign cede shall be administered by the Director of the Depart-m~:nt of Community Development who shall have the ·powen aft\! dutiea Met forth and those neceasarily implied to administer and enforce thie code; the Director may issue appropriate proceduree and forma, Upon application to and issuance by the Department of a perait there- fore, a aian may be erected, altered aad maiataiaed oaly for a Per.itted Uee • I • • ( • • - -2:.. in the District in which the signs are locatl!d; uigns uhall lw lucnted on the same lot as the Permitted Use; provided, however, that no sign ul~ o.uy type shall be erected or maintained for or by a single-family, two-family or three-family residential use, except Home Occupation signs and. certain signs for which no permit is required, · Nothina herein contained ahall be deemed a waiver of the provisions of any other ordinance or regulation applicable to aiana. Signa located in areas governed by aeveral ordinances and/or applicable regulations shall comply with all such ordinances and regulations. If there is a conflic~ between the regula- tions in this Section and any other ordinance or regulations, the wore utL·J.ugeut regulation shall apply. 122,7-3 Parmite. a. Permit ra~uirad. It ahall ba unlawful to diaplay, erect, conatruct, relocate or alterexcept for copy changes), any sign without first filing with the Department an application in writing, paying applicuble feeH, und obtaining a sign permit, except as provided in 122.7-5 and 122,7-7 of this ordinance. When a sign permit has been issued by the Department, 1t shall be unlawful to change, modify, alter or otherwiae deviate from the terms or conditions of said permit without prior approval of the Department. A written record of such approval shall be entered upon the original permit application and maintained in the files of the Departu•ent, ( b. Application for Permit. Application for sign permit shall be wade by the. owner or tenants of the property on which the sign is to be located, his o.uthori:tc.d agent, or a ,;J.gn cuntractur J.J.ccn~;ed by th" CJ.ty u( l!:ngJ.cwuud. !;uch applications shall be made in writing on forma furnished by the Plan- • ning Di vision, and shall be signed by the applicant, The Department shall, within five (5) working days of the date of the application, either approve or deny the application or refer the application back to the applicant in any in&tanca where inaufficient information baa bean furniahad. Lf the Depa rt1oent findu that work under any perwit iaaued i11 not in accordance with the information supplied in the permit application and/or ia in violation of this or any other pertinent ordinance, or should it be found that there has been any miarapreaantation in connection with the application for the permit, (including non-sufficient fund checka), the sign owner or lessee or erector shall be notified of such findinas and that the violation must be corractad wi'thin five (5) working daya of notice,• If euch correction is not made, the permit shall be revoked and written notice thereof shall be served upon the sign owner or erector. No person shall proceed with any part of such work after such notice is received. The owner or lessee of the sign or the owner of the property on 'which the ai&n ia located ahall have the right to appeal the decision of the Department in the aannar provided for in 122.2-6b of this Ordinance, If actual work either on or off-site ia not commenced unde~ any sign permit isaued within aixty (60) daya froa the data of auch parait, the parait shall automatically become null and void. Dolays which aro not u result of willful acte or nealect of the contractor, owner or paraon obtainin& the • I • • - c • • • .. • .:.3- permit may be excused and the Director 111ay .grant an cxtenuion uJ time in wh!ch to sturt or re11u111e operationH. All requetitll for extenaionti &IIIU approval thereof shall be in writing. When any ·permit has been revoke4 under the terms of this sect ion, permit fees shall not be refunded. c. Plana, Specifications and Other Data Requested. The application for a sign permit shall be acco111panied by the following plans and other infor111ation. The name, address and telephone nUIIIber of the owner or pCJ:IIOnt; entitl<:U tu poaa;ession of the sign anu of the· sign contractor or erector; thu locution l>y street address of the proposed sian structure; complete information as required on application forme provided by the Department, including a site plan and elevation drawinaa of the proposed eian drawn to scale, caption of the proposed sign and such other data as is pertinent to the application; plana indicating the acope and structural detail of the work to be done, includina details of all connections, guy linea, supports and footings, and materials to l>u uucd; applicaLJ.un (uc un ulcctcicul peewit fur ul! electrical uiguu, uuJ the a:c<juJ.L·cd information for such application; and a statement of value or coat of the sign. d. Permit Fees. A permit fee shall be paid to the City for each sian permit issued under this section. The permit fee shall be in accordance with the fee schedule established by the City Council. e. Identification and Harking of Electrical Signa. Each electrical sign he reafter erected or remodeled shall bear thereon a clearly legible identifica- tion plate not exceeding fifteen (15) square inches in area, stating the nawe of the person, firm or corporation responsible for its construction and erectiou, with installation date and permit number and ohall bu marked with input 111upurcu at full loud input. f, Licensing and Insurance Requirements. Any person, firm or corporation engaaed in the business of installing, erecting, moving or maintaining signa in the City of Bnalewood shall be duly licensed by the City. A parson who has applied for a sian per•it und iw not engaged ln the slgn erecting business way be allowed to 1nataJ.l, eruct, wuve, or maintain his own sign upon demonstration to the Department that he posaeaaea sufficient knowledge and skill and is appropriately insured for public pro- tection. Upon such demonstration, the Director or deeianee aay iaaue a non- renewable sign contractors license. Such license will be valid only for the installation , erection or moving of signs as specified ~n the permit. Before any permit is issued for a sign which ia located over public property or which may require any work over public property, the erector shall furnish to the City a certificate of insurance from a firm with corporate surety , and authorized to do bu8inaas in the State of Colorado, for public liability and property damage in amounts established by the Depar~ .. nt of not less than the followin& and covuring tho liability of che sian eructor with respect to all work performed by him or hia aaenta or e~loyeeal For death or injury to any one peraon ••••••••••••• $100,000 Total liability in any one accident ••• ,,,,,,,,,,,, 300,000 Property daaaae ... ,,,,.,,,.,.,,.,,.,,, •• ,.,.,, ••• , 50,000 • I • • ( ( • • • - -4- §22. 7-4 Permit for Group Sisns. Persons submitting a plan t'~r u j;roup of signs which are designed as an intearal part of a new Planned Development or a new single development occupyina no less than 24,000 square feet of lot area, may be granted a 251 increase in number of aians or maximum square {oot area subject to the approval of the Director of 'the Department. §22.7-5 Sian• Not SubJect to Permits. The followina aiana displayed for non-commercial purpoaea, may be erected end maintained in all Zone Districts without a permit. Such signs shall be in addition to all other signs per- mitted in any Zone Di11trict provid,ing 11uch signtl do not rc<1ulrc dircct electri- cal wirina, and conform to setbacks and other physical characteristic require- ments of the designated zone districts. Even though permits arc not required for the followina sians, wall sians shall be located only in the signable area, and window siana shall be counted toward the 25% maximum coverage. This restric- tion ~ball not apply to holiday decorations, or to abort term advartisina es provided in §22. 7-10 e 6. No permit shall be required for copy changes or maintenance to a conforming sign if no structural changes are made. a. Bulletin Boards. Bulletin boards for public, charitable or religious institutions, which are not over twelve (12) square feet in area, and which are located on the premises of said institutions. b. Elect ion Signs. Election signs shall not be po11t:cd uaore than for ty-five (45) calendar days prior to the election to which the sign relates, and 11hall be remo ved within fifteen (15) calendar days following the election to which the sign relates. Such signs are limited to wall, window and ground signs, and shall not be a banner of paper or cloth, In residential zone districts, there shall be no more than two (2) election signs per each lot; they shall not exceed twelve (12) square feet of total sign area, and shall be no more than six {6) feet in beiaht above grade. ln l:owwer- cial and Industrial Zone Districts, there shall be no more than two (2) per each street frontage; they shall not exceed twenty-four (24) square feet of total sign area. c. Flags. Flags of nations or an organi&ation of nations, states and cities. d. Holiday Decorations. Signa in the nature of decorations, clearly incidental and commonly associated with any national, local or raliaioua holiday; provided that auch sian• shall be displayed for.e period of not more than aixty (60) consecutive calendar days. Such aiana may be of any type, number, area, height, locution, illumination , or animation, and shall be located so as not to conflict with traffic reaulatory davicea. e. ldaoloaical Siana, Idaoloaical aiana not .ora then twelve (12) square feet in total sign area, Such signs are li~ited to not more than two (2) per lot, f. Illuminated Buildinaa. Providina no aiana, symbols, lattera, fiaurea, etc., identifying a naae, service , or product, occur on the building or the part of the building which is illuminated. • I • • - • • r rr • • • • -5- g . ~~"!."..o.r_i_i!. _ _:i_ill_ns _. M<•murial s igns or t ;lid<•t s , g iving li~t • n;""'' u f huiid-llq~ ;aud Uall: uf l 'rl ·c:L l o u, whl'l1 t'tll . inlu auy m;,~;uury ::urL~t·t · u~ i11l.tld ~;u a ~; l u be part of the building. h. Private' Parking or Traffic Direction Signs. Sign~ givi'ng parking or traffi <: tlircc:tiuns ur rcstri<:tlons whidl do nul rc<(uin' din·el l 'i l'l'l"J'I.c ;li wil'lll t~. provided that such signs are limited to: wall and ground signs, not more than two {2) signs per curb cut on the lot and not more than six {6) square feet pe r face in area, and not more than six {6) feet in height above grade. Not more than one (1) directional sign may be displayed at each curh rut. Such s igns may be illuminatctl from a cun<:l':aictl lighL sour c e which <l u es nu t fla s h, blink o r fluctuate, and shall not be animated. i. Public Signs. Signs required or specifically authorized for a public pu rpose by any law, statute or ordinance. j . ~~n~.V~_in__!l.!:!.!_l.Aings. Signs within buildings that nr c not vi sih l c f r <JIII Lio<: pnid i t: r il',ill-uf-w;,y or ;lrt ' IIIOfl• lklll lwl'iV<' (i l ) ill<'il(•,; r rwll lh<· iu- ter io r s ide of a window. k. Scoreboard s . Scoreboards located on athletic fields. 1 . Symbo ls. Symbol s or crests of national, state, r e ligious, fraternal, prof e ssional and civic organizations. m. Vehi c l e Cons um e r Info rmation S igns . Signs on cars , truc ks, or other veh i c l e s displayed in commercial lots which give information as to price, emis- s i on s o r mil e age a s require d by sta t e or federal law of such vehicles. Th e s e s i gn s a re limit e d to 25 % cove ran c of window nreo . n, \~orks of Art. Works of art which in no way identify a product. §22. 7-6 Signs Subject to Temporary Permit. Th e following signs may be displayed in the designated zone districts under the conditions described, upon granting a temporary permit. a . Spec ial ~vent Signs. In residential zone districts, special event signs are permitted in addition to all other signs allowed for a Permitted Use. Such sign s shall be limited to one {1) wall or one (1) ground sign, subject to l i mitat i ons described in this section and in 122.7-Sa; no more than twelve (12) feet in h eigh t, an d s hall not exceed twelve (12) square feet in area, and shall not b e displayed for more than thirty (30) calendar d•ys. I n commercia l a nd i ndustrial z on e d is tricts, one s pecial event sign may b e permitted in addition to all other signs. Such sign shall be limited t o wa l l, window or ground signs, subject to limitations described in 122.7-lOc 1 , 5 , a nd 6. Su c h sign shall not be more than twenty-four (24) square feet in arca an d sha ll not he dis playe d for mor e than thirty {JOJ calcnuar da ys . b . Street Banners . Banners across public thoroughfares announcing events sponsored by the City, Englewood School District, Arapahoe County, or charitable o r gan izat i on s may be authorhctl hy temporary pe rmit hy th e IHrcctor. Such Street Hann e rs shall be i n s talled, removed and maintained by the sponsor AND THE SPONSOR- ING AGENCY SHALL PROVIDE EVIDENC E OF INSURANCE IN AN AMOUNT SUFFICIENT TO RELI EVE THE CIT Y AND THE OWN ER OF THE UT I LI TY PO LES TO WHICH TiiE BANNERS ARi! ATTACII EO FROM LIABIL I TY . • I • • -• • • -6- §22. 7-7 Signs S ub ject to Yearly Regisg~. The follow_ing signs are additionally permitted in uU :.:one districts a nd shall be registered by the owner or lessor, with the Department sixty (60) calendar days after the effective date of this ordinance. 'This .registration must be renewed on an annual basis thereafter and subject to th e following co n-ditions: a. Contractor Signs. A sign not more than twelve (12) square feet per face in area and not more than twenty-four (24) square feet in total sign a r ea, wili<·h llOJIII<:>: ti1<• !'o nt·r ;ll't o r s o r ."f>""""n: <'II J•.:•J~<·d In,.,.,.,,! 1'111'1 ;, .. ,o n till• prupl'l'l y where the sign is located. b. Real Estate Signs. Signs which advertise the sale, rental or lease of the premises upon which said signs are locatedT SHeh sigRs ~ka~~ Rs~ eK~eRti eH ~~!de the prepert7 i!ne ane ehali net he mere than e!K f6~ s~Hare iee~ per ieee iR area~ S~Kfta wh!eh aevert!ee the pre-ieee!nK ef a prepeeee eeveiepmeftt er reee~eie r ~tR£ ~ay he ~e~-~~~tH RH ma~e ~ftftR £WH f~~ H~~RH HRH Hha~+ HH~ k~ ~HF~ £hHH ~W~H~y fttt~P f0!4~ fHjHBPe fee~ pe'l' faee in lt'l't!ltT SIIALL COMPLY Wl'l'll TilE FULLUW1NG S'l'ANUAlWS: 1. RESIDENTIAL USES SHALL BE PERMITTED ONE (1) SIGN OF NOT MORE THAN SIX {6) SQUARE FEET PER FACE IN AREA. SUCH SIGNS SHALL NOT EXTEND OR PROJECT OVER ANY PROPERTY LINE. 2. COMM ERCI IU., OFFICE, AND INDUSTRIAL USES SHALL BE PERMITTED TWO (2) STGNS OF NOT MOHE 'I'II AN TIITRTY-'I'WO (32) Sl)UARI\ Fl\1\'1' l'lm FACi·: I'N AREA. SUC:IJ SlC:NS SIJALI. NOT EXTEND OR I'IWJECT OVER ANY PROPERTY LINE. §22 . 7-8 Signs Proh i bited in All Zone Districts. The fo llowing s igns are prohibited i n all zone districts and a re de-c lared a nuisance by the Department. a. Any ground sign within a triangular area of thirty (30) feet along two (2) sides of an intersection of curbs of two (2) streets, a railroad right-of- way and a street, a driveway and a street, or an alley and a street, which does not have n ~lear aren of sev e n (7) feet between th p g rade level a nd the bottom of th<.: sign unless approv<.:d by ·t he ClLy Traffic Engin eer. b. Animated signs EXC EPT BARBER POLES. c. Banners, pennants, valances and wind pewere~ tie¥ieeeT SIGNS. d. Billboards. e. Flashing or blinking LIGHTS OR signs , except for scoreboards and time and temperature devices. f. Portable signs. g. Outdoor display of merchandise on public right-of-way. h. Roof signs. i. Search lights. j. Signs painted on fences. I • '( • • • • • • -7- k. &~~!age e£ ligk~ hYl&e Yeee !R eeaaee~!ea wi~k eemme~eial ~~emiee~ fe~ e~l!ll!le~e4el ptt!'f>t>"e";-H!Oke~ ~kttR ~f'tttiiE4ttRtt~ kttlitltty J,.,..,,,.l:t-+"""'" lT Third-party signs. lilT 1 . Wheeled nu vcrt isIng <levi CCH . except for pcrmuncnt "lgn:; Ull I lccnsl'd vehicles. §22.7-9 Signs Permitted in Residential Zone Districts: R-1-A, R-1-B, R-1-C, ~J-R-2-C, R-3 anu_~:__4__. Signs which meet the following criteria may be constructed, displayed and maintained in the res-idential zone districts R-1-A, R-1-ll, R-1-C, R-2, R-2-C, R-3 and R-4 IN ADDITION TO THOSE PERMITTED IN §22.7-5 AND §22.7-9e. a. Permitted Maximum Number. 1 . Ht'Hi-dt'tt~i-H+ HHt'H HHH++ Ht' r .. ~~+t~t'~ Httt' ~+} Hi-~H +tt H~~+~4tttt ~tt t;keee ~ef'l!liE!Oe8 iR ~~~T+-~8., e 1 8 1 aRe BT ONE FAMILY , TWO-FAMILY , THREE-FAMILY AND FOUR-FAMILY RESIDENTIAL USES . FOR TliP. PP.RMTTTim USES, NO STGNS EXC.EPT 1\S SPEC.TFTI\Il TN §22. 7-'> 1\ND §22:-i-<J e 1. 2. Wea!'eeitleR~!el tteee shell he pe~l!li!O~ee ~we ~~} eigas iR atltli104eR tH thttHt rtf'l!l+~t;tti iR §2~T+-§T MULTI-FAMILY RESlllENTIAL USI\S OF FlVlc (5) OR MORE UNlTS. FOR THE PERHITTED USES, ONE (1) SIGN PER STRE ET FRONT. 3. RELIGIOUS INSTIT UTIONS, EDUCATIONAL INSTITUTIONS , PUBLIC FACILITIES, HOSPITALS, CLINICS, AND PROFESSIONAL OFFICES. FOR THE PERMITTED USES , THREE (3) SIGNS . 4. OTHER LAWFUL NONRESIDENTI AL USES . FOR THE PERMITTED USES, TWO (2) SIGNS. b. Permitted Maximum Sl g~ Area. 1. S!Rsle-ONE family, Two-family,eRe Three-family Reeieefteee AND FOUR- FAMILY RESIDENTIAL USES. Qfte ~*t e~tte~e iee~ !ft eeei~ieft ~e ~he e•ea -· •heee pe .. t••e& ift 4~~T+-~a 1 e 1 81 eRe eT FOR THE PERMITTED USES ONE (1) SQUARE FOOT, AS PROVIDED I N §22. 7-9 e: l. 2. Rel!gieYe aR8 ~ittea~!eRal lfte~i~tt~!efte 1 Ptt&lie ittileiftge eRe Reei8eR5iel Yeee wi•k ie•weeft Fett• ~4t eRe ihi•~ -NiRe ~~Qt Rwel~~R~ YRi~~T ~weR~y ~Q eqtta•e 'ee! e•-~wA ~ ~qtt8~e fee~ ei e!gR e•ee fe• eaek efte-~ketteefte ~l 1 Q99t e~tte•e iee• ei le• e•e•t R&!; hew- eve•• !e eKeeee eiK!y ~iQ} e~tte•e fee~ ef ~e!al eigR ••ea eRe p•evi&ee 5ha~ Re eRe e!gft ieee ehell eKeeee •weR!y ~~9t e~va•e •••• iR ••eaT MULTI-FAMILY RESIDENTIAL USI::S Of FIVE (5) OR MOIU' UNJ TS. FOlt TilE PE~IITTED USES, NINETY-SIX (96) SQUARE FEET TOTAL SIGN AREA WITH NO SINGLE SIGN FACE TO EXCEED THIRTY-TWO (32) SQUARF. FEET • I • • - • • • • • -tl-' 'J, IO ·:I .I C lOll S IN S'I'ITU'I'IONS I·:IJUC:A'I'IlJNAI. INS'I'I'I'U'I'IIJNS I'UIII.I t: -ji,\cn ~TTTES -;-!t-os~-;-ci~IN_}_c~J~~.\!if)l•i(o:0~i'i~rot{f.l . ..._oFI':((:'f.;~. J~ !!."..!!ri!"!'.+.J_ ~;+_+_.,+ .. ~ I'F<>i= .. ,..,+.,"'•+ IH!=+. ....... ,. "" _w_ .. : ... i':l_ ...... ~.+ ... _-1:_~""" Hav!Rg feF~y {4Q} eF MeFe Bwe~~!ftg Yft!~sT lweR~Y {ag} a~saFe fe~e BF ewe {~} sqHeFe l=~e~ ef e!gft sFee feF eeek ~keseeRu, {l,QYQ} e~eeFe l=e~~ ef ~e~ a~eat ne~, heweve~, ~e eKeeee n!fte~y-a!H ~9~} s~ee~e feee ef eees+ e+~A SF~e feF t8th ls£ rFH~iHtd the~ RS SRt 'H±~A fHtt Hhe+.+. tMtted ~kiF~y-~we {~~} B~SBFE! {ee~T FOR THE PERMITTED USES, EIGHTY (80) SQUARE FEET OR AS CALCULATED IN TilE TABLE HEREIN: STREET FRONTAGE l FOOT TO 100 FEET 101 FEET + SIGN AREA/FOOT OF STREET FRONT 1.5 SQ. FT./1 FOOT 1.0 SQ. FT./1 FOOT NO SINGLE SIGN FACE SHALL EXCEED ONE HUNDRED (100) SQUARE FEET EXCEPT AS I'I<OV I IJJ-:IJ IN §l:i , 7-'J <· 2, 4, Other Lawful Nonresidential Uses. ~weft~y {aQ} fl~sat'e feee sf s±gA a~ea feF eaeh eae, ~Fev!dee ~Rae Ae efte e!gft fete shall eMeeed eeft {~Y} s~ea~e feeeT FOR THE PERMITTED USES, TWENTY (20) SQUARE FEET TOTAL WITH NO SINGLE STG N FACE TO EXCJ-:En Tf.N (10) SQUARE FEET, c:. Permitted Sign Ty~. 1. Groun_<!_2.!1!_~. Ground signs are permitted only for religious and l:U u c ational I IHJLilllliuns , puhlit: huiiUing,s , llusplL1IH, cl illil'H , prufL•K slunal offices, or forty (40) or more residential units. Such signs shall be no more than fifteen (15) feet in height and shall be set hack ten (10) feet from the property line and are subject to the limitations described in §22.7-Ba. 2. Marquees, Canopy or Awning Signs. All signs shall be parallel to the fac~ of the marquee, canopy or awning upon which such signs are dis- playC!d and s hall no t p r ojec t ahovC! or below the face of the marquee, canopy or awning, and shall only identify the business by name and/or address. 3, Projecting Signs. Maximum area of the sign shall be twenty- fiv e (25) square feet per face and the maximum height shall be twenty (20) feet. Such s igns shall be located in the "signable area" of the facade of the building, and mus t not obscure major architectura'l. details or extend above the r oof line. Such signs sha ll have a clearance of ten (10) feet from grade lt!VC!l tu the hotlum uf Lhe s llln. M.Jximum prujeeliun shall he thirty (30) inches fr om the building to which it is attached. If a sign projects more than thirty (30) inches over the public right-of-way, an encroachment agree- ment must bt obtained from the City. Where a projecting sign has two (2) or morC! display fa ces, all faces shall he lncl udcd in dctetJnlninll 1:he area of the sign . 4. Suspended Signs. Suspended signs shall not exceed four (4) squa r e fe et per fu cc 1n nren; shall he separated hy a dlstam·c of fift<•<•n (15) feet and shall have a minimum clearance of seven (7) feet above grade level to the bottom of the sign. Such signs shall be limited in content to identification of address of the business • • I • • • • 5. ~all Signs . in IH · iJ:IIt , and slln l I nol the buildin g to which it the pa r apet wal l. • • • -Y- Wall signs s hull be no g r eate r than t wt·nty (20) feet projt•t·t mnn • ~han lw t·lv" (I?) iott'l""'lo"'" t it.-r,,..,. uJ' is attached and shall not extend above the roof lin e 0 r 6. Window Sit.!l~"-·-Window sign>: s llal I not t><·cupy mu r v Lll au :1~1. uf LhL· window in which they are displayed and shall not be displayed in windows above the first floor level. d. Permitted Illumination. All sign s desc ribed above except home occupa L I"". H i g n s may he· illumin;Jtt ·d , hut lJ ill y rrnlll :t ('t iJH 't.•:tl l'tl I iglil !i llllrt't.'. S i e n ~: !--;h;tll llul remain illuminated between the hours of 11:00 p.m. and 7:00 a.m ., except sign s per mitted for medical se rvi ces nnd publi c se rvi c:es sueh a s rolit't• a nd fir e , whil:ll art· provided on a twenty-four hour basis. e. Signs Additionally Allowed. 1. II~H n<'_ Oc ·_r·up_:tt.l ~J_n_ :'>_lr,_n__._ I Ioiii <' <){'t'llpat Jon s ll',n nu t llt urt• Lllau tllll' (I) s quar e fooL in area, whieh is affixed to th e building, and whieh is unlighted and unanimated. 2. High-Rise Bu i lding Identification Wall S~ For multi-storied buildings in e x cess of the maximum height permitted in the R-J Zone IHstrict, additional wall s ign area shall be permitted for building identification pur- roses in confo r ma nce wi.th the schedule s et forth below. Sign area shall be IHo•;t:tf upon a squa r e footage f acto r mult i pi l<•d hy llori zo nt:ol I int•a r fnotugl' of Lhe building facade at the elevation of th e facade wher e the sign is placed. a) Fo r signs located from sixty (60) feet to one hundred (100) fet·t In lt t:i J~h L , tlte faeto r sll;tlJ he fivt• (5) S<JII:or e feel. b) For signs located from one hundred one (101) to one hundred fifty (150) feet in heig ht , the fa c tor s hall he six (6) square feet. c) Fo r signs located one hundred fifty-one (151) feet to two hundred (20~) f eet in he ight, the factor shall be seven (7) square feet. Multi-storied buildings may be permitted identifica tion wall signs of t h e size provided by subparagraphs 1 through 3 for each building facade visible from a public right-of-way. Wall sign areas permitted by this subsection for one facade may not be used for any facade oth e r than the face for which such allowance is grant ed and shall be exempt from §22.7-ll a 3. Such signs shall not count against ma ximum sign area, or maximum numbew of signs. 3. ldcnLlfiC'nlton SJgns . Signs llmltcd to nam e of occ urant, acldrcss of premises, ancl no more than four (4) square feet per sign in area. Such signs are limited to no more than one (1) per street front, and may be illuminated only from a concealed light sou rce. Such signs do not count against maximum sign area or number . 4. JOINT IDENTIF ICATION SIGNS. JOINT IDENTIFICATION SIG~S ARE PER- MITTED FOR TWO OR MORE PERMITTED USES ON THE SAME LOT AS THE SIGN. IF TWO OR MORE BUSINESSES OCC UPY Til E SAME BUILDING, OR A GROUP OF llUJT.niNGS ARE ASSOCIATED flY OWNERS IIll', NO GROUND SLGNS ARE I'EilMI'l"l'EU f(XCEI''l' .JOINT lUJ(N'l'lFLCA'l'LON SLGNS. EACH INDIVIDUAL IDENTIFICATION WITHIN THE JOINT IDENTIFICATION SIGN SHALL BE UNIFORM IN SIZE, TYPE AND ST YL E EXCEPT FOR TilE NAME OF TilE DEVELOPMENT. TilE FOLLOWING JOINT IDENTIFICATION SIGNS ARE IN ADDITION TO ALL OTHER SIGNS IN TERM S OF MAXIMUM SIGN AREA AND NUMBER. • I • - • • • • • -lU- ~ A) PERMITTED SIGN FACE AREA. ONt: (l) SQUAHE FUU'I' UF SiGN AREA FOR EACH TWO (2) LINEAR FE ET OF STREET FRONTAGE, PROVIDED, HOW EVER, TllAT NO SINGLE SIGN SHALL EXCEED ONE HUNDRED (100) SQUARE FEET PER FACE, .AND THAT THE TOTAL AR EA OF JOINT IDENTIPICATION STGN SHALT. NOT EXCEED TWO liUNDRF.Il (200) SQUARE l'EET . B) PERMITTED MAXIMUM NUMBER. ONE (1) ·siGN FOR EACH STREET FRONTAGE. C) l'ERMl'l"l'ED MAXIMUM HElGII'l'. FiFTEEN (15) FEET. §22.7-10 Signs l'ermit ted in Conunercial and Industrial Zone Districts: B-1 and B-2, I -1 and I-2. Signs which meet the following criteria may be constructed, displayed, und mnintalncd ln c:o uu nc rclal an<.l lntlustrla1 zt>01l'H 11-1, 11-2, T-1 and l-2. a. Permitted Maximum Number. Each permitted use may have three (3) signs if the linear foot of the street frontage is 150 feet or less; four (4) signs if th e linear foot of the street frontage is 151 feet to 300 feet; five (5) signs if the linear foot of the street frontage is 301 feet or greater. b. Permit ted Maximum Sign Area. 1 . For All Pe rmitted Uses. a) .:,.l'=.o::.r-=-==-7:::.;-~!'"-=:;:--.;;:-::.=rn;~=-== For the l'ermitted Use, the maximum sign area square feet or as calculated from the tabl e herein: Sign Area/Foot of Street Frontage Street Frontase 1 foot to 100 feet 1. 5 sq. ft. /1 foot 101 feet to 250 feet 1.0 sq. ft./1 foot 251 feet + 0.4 sq. ft./1 foot No single sign face shall exceed one hunQred (100) square feet in area, except as provided in Section e 2 and 7 hereof, nor shall the total s ign area of any usc e xc:c e<.l six hundred (600) square f eet . b) For a Lot Havins Two or More Permitted Uses. For each Per- mitted Use the maximum sign area shall be eighty (80) square feet or as cal- culated from the t a ble herein: Sign Area/Foot of Build ins Front Building Front 1 foot to 100 feet 1.5 sq. ft. /1 foot 101 feet + 1.0 sq. ft./1 foot No single sign face shall exceed one hundred (100) square feet in area except as provided in 122.7-10 e 2 and 7 nor ahall the total sign area of any use exceed eix hundred (600) square feat, • I • • • • • • ·-11 - c. Permitted Sign rypes. l. Ground Sifns. The maxilllum height of a ground eign shall be twenty (20) feet •. Theiatance between aiana on adjacent lots shall be not less than the height of the taller sign. · If there 1a more than one busitwtlu in a building or if a group of buildings are associated by ownership, no ground signa are permitted except Joint Identification Siana. Where a ground sign haa two (2) or more diaplay faces, all faces ahall be included in deter- mining the area of the sign. · 2. Marquees, Canopy or Awnina Siana. All signa shall be parallel to the face of the marquee, canopy or awning upon which such signs ore dis- played and shall not project above or below the face of the marquee, canopy or awning, and ahall only identify the buaineaa by name and/or address. 3. Projectin& Si&na. Haxtaua area of the sign shall be twenty-five (25) square feet per foce and tho maximum height ohall be twunl'y (20) fc<'t. Such 11i11nll shall be located in the "signable area" of the facade of the building, aa described in 522.7-lla 3, and muat not obacure major architectur- al details or extend above the roof line. Such signa shall have a clearance of ten (10) feet from grade level to the bottom of the sign. Maximum projec- tion shall be thirty (30) inches from the building to which it is attached. If a sign projacta more than thirty (30) inches over the public risht-of-way, an encroachment agreement must be obtained from the City. Where o projecting sign has two (2) or more display faces, all faces sholl be included in deter- minin g the area of the sign. 4. Suspended Signa. Shall not exceed four (4) square feet per face i n area; shall be separated by a distance or fiftcun (15) f<•ct uml sha ll have a min imu m clearance of seven (7) feet above srade level to the bottom of the sign. Such aisna shall be limited in content to identifica- tion or address of the business. 5. Wall Sirs. Wall aisna shall be placed only in "Bisnable areas" of a building acade except as specified in 122.7-10 e 7. "Signable Area" of the building means any orca of the facade of the building up to the roof line which is free of windows and doors or major architectural detail. Th e area of the wall sign must not exceed 40l of the identified "signable area". Wall eigne may not project 1110re than eighteen (18) inches froa the aupporting wall. Wall eigne may not extend above the roof line or parapet wall. 6. Window Sisne. Window aisne shall not occ~py .are than 25l of the total area of the window in which they are displayed. This 25l maximum coverage shall include all signa except short term advertiaina signa regardless of whether it is counted for sign area llowed or not. Signa die- played twelve (12) inches or leu from the interior of windows shall be debited against the square foot area and number of signa allowed ~ peraitted use , Window sisns are not permitted in windows above the !irat floor. d. Permitted Illumination. Signa in Commercial and Industrial tonea may be illuminated, but all direct illumination shall not exceed twenty- five (25) watts per bulb. e. Sians Additionally Allowed. The following sisna are also allowed in comme rcial and industrial &ones subject to the conditione atated • • I • • • • • , . • ·-12- 1. !lrivc_:_l'.!_l_r~ __ IJent~l_tio n __ :<;_~~s_. Each l'ermi ttcd Use wl.th a s hvl- t<·rt·d tlriv<' thrn f ae il it·y uoay haVI ' o n<· (I) ldt•nt ·lfi<-atlull ::10·.01 ;,llao ·l~<·d l o llo v shelter structure s u bject to the limitations o( §:l2,"/-11 a :J. Maximum sign areu shall be ten (10) s quar e feet for each lane of the drive thrn facility. Sul'h signs shall not count again s t maximum sign area or number.· 2. High Rise liuilding Identification Wall Signs. For multi-storied buildings in excess of the maximum height permitted in the B-1, B-2, I-1 or I-2 Zone Districts, additional wall sign area shall be p e rmitted for building identification purposes in conformance with the schedule se t forth below. Sign u r ea shu11 h e based upon a s qu :Jre f oo l aj•,<' fal'l·nr ouult·ipi i<·d hy lourhwnt;ol I in<''". [ootage of the building [acaJe at the elevat io n of the [acade where the sign is placed: (a ) l'or s ir,ns 1oeatt'U from si.xt y (60) ft•et to on<· humlrt•tl (100) f el't in h(!ight, the factor shall be [lvc (5) square feet; (b) Fo r signs located f r om one hundred one (101 feet to on e hundred fifty (150)feet in height, the fact o r shall be six (6) square feet; (c) For signs located one hundred fifty-one (151) feet to two hundred (200) feet in height, the factor shall be seven (7) square fe e t. Multi-storied buildings may be permitted identification wall signs for each buil ding facade visible from a publ ic right-of-way. Wall sign are as per- mitted by this subsection for one facade may not b e used for any facade other than the facade for which s u c h allowance is granted and shall be exempt from §22 .7-11 a 3. Such signs shall not count against maximum sign area and number. 1 . _!_d_e_n_t _i _f_lr:iJ _t _i_o!l _ _s _1_s_n:-;_. S ·is•,ns 1 iouited to nwu<• of oc-<·npant, atltlrt'ss o[ premis es, a nd no more than four (4 ) square (eet per sign in area. Such signs a rt: limited to no more thnn one (1) per st r eet front, untl may he i11umlnatetl only from a concealed light source. Such signs do n ot count again st maximum ~:lp,n :tr<::J ur numhvr. 4. Joint Tden tifica tion Sign s . Joint Identification Signs a rc per- mitted [or two or mo r e l'crmlttcJ Uses un the same lot as the sign. l[ twu ur mo r e businesses occupy t he same building, or a group of buildings are associated by ownership , no ground signs are permitted except Joint Identification Signs. Each individual identification within the Joint Identification Sign shall be unifo rm in size , type and style e x cept for the name o f the de v e lopment. The [ollmling Joint Ident ification ·Signs are in addition to all o ther signs in terms of maximum sign area and number . a) Permitted SIGN FACE Area e£ Je~ft~ laeft~~~~e·~~eft S~sfte. One (1) square foot of sign area for each two (2) linear feet of street front- age provided, however, that no single sign shall exceed one hundred (100) squar e feet per face, and that the total area of the Joint Identification sign s hall not exceed two hundred (200) square f eet . b) Permitted Maxumum Number e~ Je~ft~ leeft~~~~ee~~eft S~ ft8. One (1) sign for each street frontage. 5. Secondary Signs . On the rear of the building, each businet~s or use may have one (1) sign identifying name of the business , the products sold, manufac tured or services offered , which shall not be counted toward the maximum sign area or number. Such secondary sign shall not exceed • I • • • • • - '-l'l- one-half (1/2) square foot of ai&n urea for ouch linear foot 4i the front lot line, or one (1) square foot of sign area for aach linear foot of build- ing front for a lot having two (2) or more Permitted Usee. 6. Short Term Advartiain& Sian•· In addition to other sign~ allowed in a Permitted Usa, each buaineaa or daatanated use may be permitted short term advartiatna aiana, provided auch aiana ara limited to window or wall eigne. Window aiana ahall not cover .are than 201 of the window area above that specified in 122.7-Dc 6. Wall signa shall not be greater than fifty (50) square feet in area and subject to the limitations of 122.7-IDc 5. All such sisns shall be limited to a two (2) week. period after which a perwit will be required. Such sisns shall show the date of installation or display. 7. Sian• Set Back from Public Uaht-of..Way. Por buildinaa with buildina frontaae of fifty (50) feet or leas: The permitted area of only one sign face 110y be increased at the rate of one- third of one percent (.OOJJ) for each additional fuot of di~Luucu IJuyoud the first one hundred (100) feet of building setback and based on the great- er of ei&hty (80) square feet or as calculated in §22. 7-ID b 1 (b), but in no case greater than one hundred (100) square feet. In no case may the increase be more than one hundred (100) percent of the maxiwum permitted ~i~n face area and the additional sign area calculated herein shall not count against the maximum sign area and may exceed forty (40) percent of the signable area. 1~e increase in sign face area will be granted for a sign face which shall IJe placed at the setback. distance as used in the calculation herein. For buildings with building frontage of fifty-one (51) feet or wore: Tlw permitted area of only one sign f ace mny IJe increased ot the rut(! of one-third of one percent ( .0033) for each foot of di~ tance beyond the Ll.rt;t one hundred (100) feet of building setback and baaed on the greater of eighty (80) square feet or as calculated in 122.7-lOb 1 (b), but in no case greater than one hundred (100) square feet. In no one case may the increase be more than one hundred (100) percent of the maximum permitted sign face area and the additional sian area calculated herein ahall not count againet the maximum sign at"ea. This increase in sign face area shall be Erantcd for " ~;ign which ~;hall be placet) at the ~;etback dit>tance ut> u~ud in the calculation herein. 122.7-ll Sian Area Measurement. a. Area to be Maaeured. The area of a sian ahall be aeaaured in conformance with the regulation• as herein eat forth, provided that the structure or bracing of a sign shall be omitted froa measurement, unless such structure or bracing is aads part of the meeaaaa or face of the alan· Where a sign has two or more .display faces, the area of all faces shall be included in determining the area of the aian. 1. Siiln with llacking. 'J:he area of aiana eaclo11tsd by ·a box or outline shall be aeaaured by determining the area of each rectanale which creates tha smallest sinal• continuous periaetar encloaina tha extr ... limite of the display surface or face of the alan• including all frames, back.ina, faca plates, non-structural tria or other coaponent parte not otharwiae used for support. • I • • ~- • • • • 2. Sisns Without Backing. The area of signs consi.oting of indi- . vidual letters or symbols shall be mea11ured by deter11inJ.nt Ch.:-uUIII u( the area of the smallest single continuous rectansle enclosing the extreme limits of each measase, includlns all framea, face plates, oon-structural trim or other component parte not otherw~ae used for support. · 3. "S19able Area". Sisuable wall area is a continuous portion of a build1ns faca!a unbroken by doora or windows or major architectural featuraa. It is calculated by aelactin& a continuous surface, then drawing an imaginary rectangle within specified height liaitotiono and computing the square foot area of this rectangle. l'uraon11 dJ.11pluyin!' ~il'uu uttucheu C;u u buildin& may determine the "signable area" to be used by choosing any such area on the building facade for the dieplay of signs. Signa may not cover mora than 401 of thia area, If, because of the design of the building, a airnabla area cannot be identified, the Department and the applicant will determine a auitable area for aisnaaa. 4. lrre~:~ulur Outline. J.n the cuae ur uu J.rret;u!ur ly uhap.:u sign or a sign with letters and/or symbols directly affixed to or painted on the wall of a building, the area of the sign shall be the entire area within a single-continuous rectilinear perimeter of not more than eisht (8) straight lines enclosing the extreme limits of writing, representation, emblem or any figure of similar character. b. Number of Sisns. Each continuously enclosed area of a sign face, either by outline or by an imaginary Uno, shall be considered one sign. Signs which have more than one sign structure attached to a common 11upport or wall may be counted as a single sign, or as several signs; however, if counted liB one sign, the tot11l surfllce aroo of such IDultiple unit signa ~hall include vcrclcul uud hor J.~onl:u! spucJ.n~ l.telw.:eu :>l~;uu. §22.7-12 Maintenance. Every sign, including those specifically exempt from this section in respect to permits and permit fees, shall be maintained in good condition at all times, All signs shall be kept neatly painted, including all metal part s and supports thereof chat urc not BUlvuni:ted or of ruut-reuiuLunt metals, The Director or his or "har designee, shall inspect and shall have the authority to order the painting, repair, alteration, or removal of a sign which ia not in conformance with this ordinance by raaaon of safety, health, or public welfare, or by reason of inadequate maintenance, dilapida- tion, or obsolescence. §22.7-13 Nonconforming Signs. Any sign which was lawfully erected and maintained prior to . the affective date of this Ordinance, but which does not conform to the liaita- tiona established by this Ordinance, except those signa prohibited, haaard- ous or a bandoned, 11hall be noncunforw!n" signa · and subject to 'he folluwing condition11 a. Rel!iatration of Nonconformina Sian•· All nonconforming aigna shall be required to be reaiatared with the Dapart .. nt. If a valid perait exiata for the nonconforming eian, the DepartMnt will complete tba • I • • 1 • • • • -I 'J- registration and notify the owner or leaeco of the uign or tlll'.uwner of the property on which the sign is located requesting verificatiuu ut the regis- tration information. If no valid perwit exists for tho nonconforming uign or if insufficient information in available, the owner or leaaee .of the sign or the owner of the property on which the sign is located will be notified and must register tha nonconformina sian or provide the necessary infor~~~a tion within thirty (30) calendar days of receipt of the notification. b. Termination of Nonconforming Sips. Any nonconforwing sian shall be brought into confor11111nce or shall terminate und ccauc .to cxtut within ten (10) years from the date a permit w~ts issued. lf seven (7) yeura or wore hue passed from the date a permit was issued to the effective date of the Code, then the sian must be brought into conformance or terminate and cease to exist within three (3) years from the effective date of the Code. Any non- conformtna sian without a valid permit muet be brouaht into conformance or terminate and cease to exist within three (3) years from the effective date of the Code, In addition, a nonconforming sign must be brought into confor•u- ancc: or tcrwin<~te and ccauc to cxl.t~t u : auy one o( the (uJ.J.uwl.ng cuudJ.Ll.uuu occur: 1. Whenever the sign is damaged more than 50% of ita total replace- ment value, or destroyed from any cause whatsoever, or becomes obsolete or substandard under any applicable ordinance of the municipality, to the extent that the sign becomes a haaard or a danger. 2. When!lver the ownership of the property ch:mgea un whi<th the non- co n forming sign is located . 3. Whenever there is a change in the lessee, ownerahip of the bu1;in~:aa or utJl! to wh i ch the uJ.eu pcrta l.n u. 4. Whenever there is a request made for a permit to change the sign. 5. Whene ver there is a request for a permit to make improvements to the ~acade of the building on which the non-conforming sian is located. c. Nonconform:l.ng Signa in Newly Annexed Areas . N.ty owner or operator of a non -co nfo rmi ng sign in a n(!wly annexed area shall terwinate such non- conforming sign in accordance with the requirements of this section, with the effective date of the annexation ordinance beina the start of the time limita- tion. d. Appeals. The owner or lessee of a sian, or the owner of the property on which a sign is located who has been notiiied by the Depart .. nt that such sign is non-confonuing may appeal that decision to the Director or designee, within twenty (20) days of the receipt of such notice. The appeal shall contain the appellant's name and address, the decision beina appealed, and a brief explanation why the appellant &hould not be required to comply with the docum~:nt appealed, 'l'he director or dellignee .may meet informally with the appellant to exchange necas·aary infOTmation and ahall issue a decision in writing to the appellant at his address stated in the appeal. If the decision of the Director or designee ill not satillfucLory to said owner or lesaee, within thirty (30) days of the Director's decision, he may apply for a variance from the Board of Adjustment and Appeals as pro- I • • • • • • -16- • vided fo r in §22.2-6 of the Comprehensive Zoning Ordinanc e. §22. 7-14 Prohibited ,_,!lazardous and _Ahanc!one.i_~_!gns _-:_ _E_n_f_o_r_c_e_m_C'_n_t __ Pr_o_- C(!clures . It shall be unlawful to display const ru ct , erect , alter , remod el , enlarge, move or maintain a prohibited sign within the City. It s hall further- more he un lawful to disp'lay, co n stru<"t, <'rt·<·t, <•nl :lr)~<·, tnov<· or tn :tintaln a hu«anlous or ubun<lune<l si gn wiL'Itin th e City. a. NotificaLiun of Unluwful Si gn s . Notice s ltull be given by Certifie<l Mail or personal service to the owner o r lessee of such unlawful signs and to t he owner of the property on which such unlawful signs are loca ted. Prohibited siJ:ns ns descrihC'd in Sec-t i on 22.7-8 s hall IH' <h•<'l :t r C'd n nui• .. JIIC:L' J,y Ll~t · l.l~p;Jrlllll'lll . 'l'hl! nul icL' :.1 .. &11 n.·quir-..· Ll1aL prulaibil l!d ~dg u ti be brought into confo r mance with this Ordinance or be removed within one hun- <l r ed cighty (180) <lay,; after the notice has been r eceived. Signs pruhibite<l in §22.7-8 d, j and 1 shall be removed within three (3) years from the dat e nul ice i H r ec:t·i ve u. This se!'tiun sha ll nuL IH · appl ie<l tu requir._, Lit'-' r l!- moval of any sign for which it is lawfully required, by Federal or State Con- stitut ion or statu t e , that compe n sation be paid by th e City for s ign removal, unless the Ci ty elects to pay a ny compe n sation lawfully required. Hazardous signs are tho se which hy reason of inad e quate maintena nc e , dilapidation , or obsolescense, create an imminent hazard t o public health, safety , o r WC'l f nr<•, :ts dec·l ,,rt•<i hy tht• i1C'pa r tmc ·nt; thns<· siJ:ns "rc· furtht •r <lecl«rt:<l u nuisance unu slt«ll not be <li spl.uyc<l ur erec le<l within Lite City. The notice shall req ui re hazard ous sign removal within ten (10) days. Signs abando ned for a period of t hirty (30) days shall be declared abandoned signs and a nuisan ce by the Department; abandoned signs shall not be displayed o r maintained within the City. The notice shall require abandoned sign removal' within thirty (30) day s . b. Appeals. The owner or lessee of a sign or the owner of the property on which a sign is located who has been notified by the Department that such sign is prohibited, abandon ed or hazardous may appeal that decision to the Director or designee within twenty (20) days of the receipt of such notice, except for hazardous sign appeal must be within five ~5) days. The appeal shall contain the appellant's name and address, the deci sion being appealed, and a brief explanation why the appe-llant shou ld not he required t o comply with the document appealed . The Director or designee may meet informally with the appellant to exchange necessary information and shall issue a decision in writing to the appellant at his address stated in the appeal. If the decision of the Director or design ee is no~ sa t is factory to said owner or lessee, within fifteen (15) days may apply for a variance from the Board of Adjustment and Appeals as provided in 122.2-6 of the Comprehen- sive Zoning Ordinance, except for hazardous s igns in whi ch case the Director's dcclsion is final . I • • ( • • • .. • -17 - c. Failure to Comply with Notices. If the owner or ·lessee of a pro- hibited, abandoned or huardoua sip or tho owner of the property on which such sign is located fails to comply with notice given puruuunt to this section ·within the time specified, tho City Mallqer or hie design~:u i~ uuthurho.:ll to cause the action required by ordinance, which aey include removal of the sign by the City. All ·coata incurred· by the City plus an aGainiatrative coat of fifteen percent (lSJ) of the direct coa~s shell bo charged against the roul property and ita owners. d. Notice of Costa. If tbe City lacura coats taking action required by this section, a statement shell be prepared for the entire coat plus fifteen percent (lSZ) administrative costa, and be mailed by certified mail, return receipt requested, to the owucu of thu propurty ou which tho uiKII is located with instructions that aaid statement will be paid in full plus costa within thirty (3.0) day a of aaid ae:l.ling date. The notice shall also inform the property owner that the failure to pay the statement for coats for sian removal within sixty (60) days shall reeult 1a an aeaeaament being made aaainat the property which shall constitute a lien pursuant to 122.7 of the Comprehenaive Zonin& Ordinance of the City of IR&lewood. e. Assessment. If the full amount of the statement relating to sign removal from realty is not paid within sixty (60) days, the City Manager shall direct the Director of Finance to aaaeas the entire amount of the statement plus an additional twenty-five percent (2SJ) penalty against the specified realty. After aasaaament by the Director of linance, a copy shall be sent to each owner of record of the aaaeaaad realty, The aaaaeament ahall contain a legal description of the premieaa, the expenaea and costa incurred, and the date of sign removal, and a notice that the City claiwa a lion for this amount. The Director of Finance shall certify ouch aaaoaament to the County Treaaurar who shall collect such asseaament in the same wanner as ad valorem caxea are collected. f. Aseeeementsl From the date of the aeaeaa1ag atat ... nt, all aesaea- menta shall constitute a perpetual lien aaainat the apacified raelty and ahall have priority over all liens excaptina sana~al tax liens and prior apecial aeeaaamante. No delays, miatakaa. errors or irreaularitiea 1D any act or proceedina authoriaad herein ahall p~ejudice or 1Dvalidate anr f1D&l aaaeae- ment; but the same may be remedied by the Diracto~ of lin&Dce, ae the caee way require, upon application made by tho property owner or other intoreeted peraon. When eo remedied, tba aame ahall take effect as of the data of the oria1nal aeeeaament by the Director of llaance. g. Other Remedies. Ally 1.1Apa1d cbarae pllla .tll coeta and peul.Uu shall constitute a debt due the City. The City Attorney ahall, at the dir- ec tion of the City M&naaar, :l.aatitut.a civil auit 1a ttw Due of the City to recover such charges , cost and penalties. The City aey prevent by injunction and require removal of any sian erected without a per.it. These r...Oiea ahall be cumulative with all other ramediaa. 1Dclud1D& proaacution 1D Municipal Court for each vio1ation of thia chapter purauaat to tba proviaioDa and penalties established by Title I, Chapter 2, of the 1 6t I.H.C. 122.7-15 Severability. T~a provieiona of thia code are aeve~&ble. lf aa, part of thia code is declared unconstitutional by a final jud..-nt of a court of co.pet- ant jurisdiction, that deciaion ahall not affect aa, port1on of tbe code which nmaina, but tha rau1Acler ah&ll be in tW.l to~c• and effect ae U the portion declared unconatitutional had aaver beea a part of the code, • I • ( r • • • -I H- 22.7-16 Definitions. Animated Sir· Any sign or part of a sign which changes position by movement or rota ion or gives the illusion of such change of position. Awnings. A shelter supported entirely from the exterior wall of a building and of a type which ColO be rutractod, folded or collapsed Cl9i.liru>l:. the face of the supported building. Billboard. An off-premins, outdoor advertising display, usually a rigidly aasiiilbled si~, permanently affixed or attached to the groWld or a building and used as a coaaarcial sign not pertaining to the premins. Canopy. A roof-like structure which is attached to a wall or walls of a building and IMY be provided with groWld supports. Usually of a lighter material than a marquee. Commercial Sign. A sign which conveys information predominantly related to the economic Interests of its proprietor and its audience, or a sign which proposes a commercial transaction' or a sign which conveys information for the purpose of inducing or permitting its audience to enter into a commercial transaction. Concealed L!6ht Source, An artificial light intended to illuminate the face of a sign, ich light is shielded from public view and from adjoining properties. Department. The Departmant of COII'IIIUnity Development. Director. Director of the Department of Community Development. Display Surface or Face. The area made available by the sign structure for the purpose of displaying a message. Distance of Si~n Projection. The distance from the exterior wall surface of the buil lng, or from the furthest point on a mansard roof, to the display face of a wall sign. Drive Thru Identification Si~n. A sign which identifies a drive thru facility and the bUSiness to Whlc it belongs. Election Sign. A sign providing information r99arding elections, candidates, or issues concerning such elections. Exterior wall Surface. The most exterior part of a_wall, sun screen, or any screening or material covering a building. Ground Si~n. A sign supported by poles, uprights or braces extended from the groun or an object on the groWld1 but not attached to any part of the building. • I • • ( • • • • -I ')- • Ideological. Si,n. A sign M\ich hu u ita dollliMnt theme or p.1rpose the expression ot a rer9ioua, political, social, philosophical or other ideolo9ical massage. Illuminated Sign. A sign lighted bv or exposed to artificial li9hting either &; ll9hta on th8 sign, within the sign, or directed toward the si9n. Individual Letter Sign. Letters or fi9ures individually fatihioned from metal or other materials and attached to the wall of a building or other surface; but not including a si9n painted on a wall or other surface. Joint Identification Sign• A aicp1 lltlich Hrwa as a CCliiiiiOn or collective 1den€1t1cat1on tor two or more buaine ... a or industrial uses on the same lot. Such si9n may contain a director to said uses as an integral part thereof, or may serve as general ldcntiflcatlon only for ~uch developments as shopping centers, industrial parks and the like. Major Architectural Detail. Distinguishable desi9n features of the facade of the 6Ulldin9 such as windows, doors, balconies, columns, or patterns or desi9ns formed at the t~ of conatruction bv the building material. Mansard Roof. An architectural feature which is a steep roof structure which is a portion of a roof structure or is attached to the wall of a building. Maneard Roof Sian· A aiiU attached to the aide of a Kanaard roof. Marquee. A riaid, roof-like atructure, uaually of alaaa, aetal or wood conatruction, attached to a vall or walla of a buildtDa or atructura and aupportad by the buildiua or atructure which .. y or .. Y not have around supporta. Marquee Sian. A aign attached to, painted ou, or erected aaainat the face of the marquee. Noneonformina Sign. Any aian lawful when erected but which, on the effective data of this Ordinance, doea not confora to the liaitatione aatab- liehed by thia Ordinance. Parapet Wall. That part of any vall which extends entirely above the roof line. Portable Sian. Any li&n which 1a not peraanatly affixed to a bu1ld1n&, atructure, or the around, except aiana painted on or .. anetically attached to any liceneed vehicle. Projeclina Bhn. A aip other than a wall aip vbich projecta fro• &114 is supporte by a wall • • I • • .. • • • • -20- Huof l:J:.n<:. Tlw high<•>:t point on ;ony huilding wlll •r,· "" .~<1•·•·i<11 · w;oll L'll- closes usable float: area including roof area provided for housin~ mechanical equipment. Roof Sign. Roof sl~n shall mean a sign c recte<l upon or uhove tile roof line or parapet of the building or structure, except that signs located on a mansard roof shall be considered a wall sign. Short Term Advertising Signs. Signs which advertise the sale of product s o r ~;c rviee~; on :1 s hort l<·rm ha::t s . Sign. Any ohjett, devi <·c or part thereof, situated outdoors or lndours, which is used to advertise, identify, display, direct or attract the attention to an object, person, institution, organization, business, product, service, event or location, by any means including words, letters, figures, design, symbols, fixtures, colors, motion, illumination or projected images. if fe~ ~RY ~~~S~At !~ e~AR~~ 8e ~~ad!~y de~eEM!ReS ~ke~keE 8~ A~~ ~A ea~ee~ !s a si~R er a ~er~ie~lar ea~egery ei sigR0 ~fte ~e~aP~MeR~ skal~ Make s~eR de~eEM!fta~!eR eased eft ~ke eri~eria ei ~Re s!gft eedeT Sign Wi th Backing. Any sign that is displayed upon, against, or through any material or color surface or backing that forms an integral part of such display and differentiates the total display from the background against whi ch It i s plac.cd . Sl;.;n WithouL llackint;. Any word, letter, emhlem, in s i~nia, figure or simil;or character or group thereof, that is neither backed by, incorporated in or oth e r- vii·.<· lll:llll · p;orl o r .lily l u n)•,vr di >:pl;oy. ~nable Area. The signable area shall mean that up to th e roof line which is free of windows and doors detail and may be enclosed by an imaginary rectangle. o f the building, a signable area cannot be identified, applicant ~ill determine a suitable area for signage. area of a building fac:~Jc or major architectural If, because of the design the Department and the Special Eve nt Sign. A sign which announces an event sponsored by a public, civic or charitable group. Suspended Sign. A sign suspended from the ceiling of an arcade or marquee . Third-Party Sign. A sign relating to products ~r services not on the same lot. Wall Sign. A sign attached to, painted on, or erected against a wall of a building, the display surface of which is parallel to the face of the build in~ to which the sign is attached. A mansard roof may be considered a wall if the top edge of a sign attac hed to it ext ends no more than ~wenty-f~!lr (24) inches from the mansard roof surfa ce. • I • • • • • • '-2 1- Wind Sian. Any aian aet in ~tiOn by wind or bree&e, auch aM banners, flaaa, pennanta or other objecta or .. terial. Plaaa of nationa, atatea or municipaliti .. aball DOt be cl&aa1f1ed &I Wiad Iiana. Window Area. The ar .. of all vtndowa oc the firat floor of a building which facea or are viaible .froa ou public riabt-of-way. Window Sian. A aian which ia applied or attached to, or located within twelve (12) inchu of the iAterior aurface of a viadov; which aian can be aaan throuah tha window froa the .. tarior of tha atructure. • I • • • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE February 29, 1984 AGENDA ITEM (QB SUBJECT Big Dry Creek Interceptor INITIATED BY Englewood Water and Sewer Board ACTION PROPOSED __ ~Ap~p~r~o~v~a~l_t~o~p~a~rt~l~·c~i~p~at~e~i~n_t~h~e~M~eu~r~e~r~&~A~s~s~o~c~ia~t~e~s ________ __ study on the Big Dry Creek Interceptor. BACKGROUND Four districts involved in the Big Dry Creek Interceptor are the City of Englewood, South Englewood Sanitation District, Greenbelt Sanitation District and Greenwood Village. As part of the district's continued involvement, review, operation and maintenance of the existing sewer system, it has become apparent that a capacity limitation exists in the 42-inch sewer line from Orchard Road to the City of Englewood's sewage treatment plant. With the connector districts utilizing the capacity of these lines, an estimate and projection of these future flows should be established. Since changes in unit densities have occured, it is necessary to evaluate each participants contribution of flow against their capacity commitment. Meurer & Associates has submitted an agreement for an investigation and analysis of the connector's sanitary sewer system which would determine a more definite and specific percentage of participation and commitment on the part of those joint users now involved. This would be advantageous in the master planning of future facilit i es. This study will enable joint users of the interceptor to ultimately establish an equitable division of costs and include this cost sharing in a participation agreement for future operation and maintenance of the interceptor. This is particularly important since the State Highway Department will rebuild a large portion of the interceptor when Santa Fe Drive is expanded in the not too distant future. The districts need to plan at this time what responsibilities will be shared so as to not miss this opportunity . . ~------------------------~ • I • • - c • • • • FINANCIAL DETAILS The cost of this study and a report of the findings with an analysis is estimated to not exceed $10,000 with Englewood's 10% share being $1,000. RECOMMENDATION The Englewood Water and Sewer Board recommends to City Council approval of participation in the Meurer & Associates study on the Big Dry Creek Interceptor. I • • - • C 0 U N C I L DATE • • • C 0 M M U N I C A T I Q N AGENDA ITEM CDC SUBJECT Water Distribution Network Analysis INITIATED BY ------~E~n~g~le~w~o~o~d~W~a~t~e~r~a~n~d~S~ew~er~B~o~ar~d~--------------------- ACTI ON PROPOSED. ____ _...:.A,.p""p.:...;ro"-'v'-=ac.:..l-'o;:..;f~t.;.;;he::......:;W;.:;a..:.te::.:r~D..:..:i s::...:t::..:..r...:..i:.;bu::..:t:....:i.::co:..:..n ....:.N.:.:e""two=r....:;k'-'-"An""'a:....:l .... y"'-s 1.:..:. s,__ __ _ by Camp, Dresser & McKee BACKGROUND Camp, Dresser & McKee, Inc. has submitted a proposal to update the City's Water Distribution Network Analysis. This proposal would update system schematics, prepare input data based on present and future conditions, key punch input data and make computer runs to establish design data, review each analysis with the City and submit a summary memo of the results and supervise general administration and quality assurance of the project. This study will access the impact of such future projects as the Downtown Redevelopment Project and the Fairgrounds development. It has been six years since this analysis was originally done. An update at this time would be prudent to allow optimum selection of such items as pipes, pumps and water storage reservoirs. This study will analyze the entire City's large water transmission grid. Local engineering needed to size and design smaller lines off this main grid will be the responsibility of the particular developer. FINANCIAL DETAILS The upper limit of this study would be $10,091. RECO ... ENDA T1 ON The Englewood Water and Sewer Board recommends Council approval of the Water Distribution Network Analysis. • I . • • CDM 19 January 1984 Stewart H. Fonda, P.E. Director of Utilities City of Englewood 3400 South Elati Street Englewood. CO 80110 Dear Mr. Fonda: • • • CAMP DRESSER & McKEE INC. R~nt 2300 15ch Str ... , Su1te 400 Derwor. Colo<odO 80202 303458·1311 ·---------- Proposal for Update and Additional Conditions to Water Distribution Network Analysis (Minimal City Involvement) In accordance with your verbal request of 10 January 1q84, Camp Dresser & McKee Inc. (COM) is pleased to su~it a proposal to furnish Engineering Services to update and input additional conditions to the City's Water Distribution Network Analysis as outlined in Suppla.ental Agreement D. dated 30 May 1978. Item D.3. Additional Services. Based on discussions with Max Clark, the following work items outline the Scope of this project: 1. Update systa.s schematics showing pipe lengths, diameters. C-values. flows assigned to the nodes. and locations of storage tanks and pump stations. 2. Prepare input data. based on present and future conditions. in accordance with the Preparation of Input Data Section of the User's Guide to Computer PrograM •wATER•. · 3. Key punch input data and make computer runs to establish design data for the following system conditions: for three runs of the three zones. maxi•um hourly replenishMents and maxiMum day plus fire flows for present day and long-range de.ands. From the results of the co.puter analysis, the Engineer shall .. ke reca..endation for sizes. locations. and effect on treat•ent plant pu•ping of additional pipelines. reservoirs, and pumping stations. 4. Review each analysis with the City and submit a s~ary ... orandum of the results. s. General a~inistration and quality assurance of project • • I • - • • Stuart H. Fonda. P.E. 19 January 1984 Page 2 • • • CAMP DRESSER & McKEE INC . These 1t .. s reflect both updating and existing distribution network and also ca.puter runs to assess the i.,act of the Downtown Redevelo,..nt Project. Our upper li•1t cost for this project is S10.091 as outlined on the attached sheet. We appreciate the opportunity to serve Englewood and to work with you and your staff. At your convenience. please call to set up a •eeting to discuss this Proposal. Very truly yours. CAMP DRESSER I MelEE INC. ~~/~~ Wayne/T. Fisher. P.E. senior Vice President MAF:br Attaclllent • I • • - • • • • • PROPOSAL FOR UPDATE All) ADDITIONAL COIIliTJONS to WATER DISTRIBUTION NETWORK ANALYSIS (Mfnf .. l Cfty Jnvolve.ent) Manhours Rate ($ per hour) Raw Labor Cost ($) Total Raw Labor Cost ($) Salary Cost (S) M. Chrk Sr. Specfal ht 44 23.25 1,023.00 2,847 .oo 3,840.60 Salary Cost Plus 1251 of Salary Expenses: Prfntfng MflHge Co.puter Travel R~ I Meals TOTAL 30.00 20.00 400.00 800.00 2~ M. Fleury Sr. Engineer 90 19.20 1,728.00 $8,641.00 1,450.00 Sl0,091.00 Office Assf stant 12 R.OO 96.00 I . • L_lo _____ ~ • • • • I C 0 U N C I L C 0 M M U N I C A T I Q N DATE March 1, 1984 AGENDA ITEM SUBJECT City Ditch License Agreement (aD ~-------------------L----~------~-----------------------------------· INITIATED BY ------~E~n~g~le~wo~od~W~a~te~r~a~nd~S~ew~e~r~B~oa~r~d~-------------------- ACTION PROPOSED ____ ~A~p~pr~o~v~a~l~o~f_t~h~e~L~ic~e~n~se~A~g~re~eme~~nt~s~b~e~tw~e~e~n_t~h~e~Clw·t~y ____ __ of Englewood and the City of Littleton BACKGROUND The License A9reements allows the City of Littleton to install one ten inch (10") sanitary sewer and one eighteen inch (18") sanitary sewer across the City's rights-of-way, located approximately at the intersection of S. Prince St. and W. Berry Ave. Licensee shall clear the crossing area of all construction debris and restore the area to its previous condition as near as may be reasonable. In the event the sanitary sewers should interfere with any future use of the City's right-of-way, the Licensee shall, upon request and at its sole expense, relocate, rearrange, or remove its installations so as not to interfere with any such use. FINANCIAL DETAILS None. RECOMMENDATION Approve the License Agreements between the City of Englewood and the City of Littleton for a portion of the City Ditch. -.•.. • I . • ( • • • • LICF.~SF. AGREEMF.NT THIS AGREEMENT, made and entered into as of the day of , 198 , by and between the CITY OF ENGLEWOOD, a _rn_u_n-.i-c'""i_p_a'""i..----c-o-r~poratTOn of C0lnrado, hereinaftP.r n~ferred to as "City" and thP. CITY OF I.ITTLF.TON, a municipal corporation of the State of Colorado, herP.inaftPr rnfP.rred to as "LicenseP.", WITNESSF.TH: The City without any warranty of its title or interest whatsoever, hereby authorizP.s Licensee, its successor, assigns, to install a sanitary sP.wer across the City's rights-of.-wav for the City rHtch, A parcel of land situated in the Northwest 1/4 of Section ?.1, Township 5 South, Ranqe 6R West nf the 6th P.M., Countv of ArapahoP., Statn of Colorado i!nd lyinq within the following described linP.s: Beginnin~ at i! point from whence the NorthwP.st corner of !'laid Section ?.1 bP.ars N l3°0A'l9" W, a distance of 673.06 feet; 1. Thence S R9°5?'06" E, a distance of ?.5.86 feet, to a point on the Citv Ditch east right-of-way line; 2. Thence rtlonq a curve to thP. right, a distance of ?.0.5 feet, said curve having a chord bearingS 12°?.1'23" E a distance of 20.4R feet and a radius of 330.81 feet; 3. Thence N 89°52'06" W, a distance of 25.48 feet, to a point on the we!'\t riqht-of-way line of the City Ditch; 4. Thence along a curve to the left a distance of 20.6 feP.t more or less, to the point of beginning, said curve having a chord bearing N 13°23'49" W a distance of 20.57 feet and radius of 305.81 feet, more or less. The above-described parcel contains 0.012 acres, more or less. 1. Any r.onstruction contPmplated or performed under this License shall comply with and conform to standards formulated by the DirP.ctor of UtilitiP.s of the City and such construction shall bP. performec'l ;mil completed acr.oroinq to the plan and within thP. tolerancP.s oiven on the City's drawing, Dr. , No. , consisting of one shP.et, a r.opv of which is attached hereto Mer made a part hereof. 2. The Licensee shall notify the City's nirector of Util- ities at lPast three (3) days prior to the time of commencement of the construction of, or anv repairs made to, Licensee's 18" • I • • - ( • ( Lic~nse Aqrn e mPnt PaqP 2 • • • sanj tary sew~r so that the City may, in its dj scretion, inspect such operations. 3. Within thirty (30) days from the dat~ of the commencement of construction of ~airl 18 inch sanitarv s~wer the Licensee shall complete such construction, place and maintain permanent, visible markers, of il type and at such loccttions as designated by the City's Director of Utilities, referring to the centerline of the installation and shall clear the crossing arPa of all construction debris ctnd restorP. the arect to its prev.ious condition as nectr cts ml'ly be reasonable. In the P.vent the placing of the centerline markers and the clearing and restoration of thP crossing area is not completPn within the timP specified, the City mcty complPtc the work at the ~ole expense of the Licensee. 4. The City shctll have the right to maintain, install, repair, remove or relocate the City Ditch or any other of its facilities cr instl'lllations within the Ci tv's rights-of-way, at any time and in such manner as the City deems necessary or conve- nient. The City reserves the exclusive right to control all el'\sements and installations. In the event the 18 inch sanitary sewer should interferP with any future use of the City's rights-of-way by the City, the Licensee shall, upon request and at its sole expense , relocate, rearrange, or remove its installations so as not to interfere with any such use. 5. Any repair or replacement of any City installation made necessary, in the opinion of the because of the construction of the appurtenant installations thereof, expense of the Licensee. City's -Director of Utilities 18 inch sanl.tary sewer other shl'lll be made at the sole 6. The stipulation and conditions of this License shall be incorporl'lted into contract specifications if the construction herein authorized is to b e done on a contract basis. 7. The rights and privileges qrantPd in this License shall be subiect to prior agreements, licenses and/or qrl'lnts, recorded ~r unrecorded , ctnd it shall be th~ Licens~e's sole r.~sponsibility to determinP the existPnce of said documents or conflicting uses or instctllations. B. The Licensee shall contact nnd fully cooperate with the Ci y's ditch foreman and th n crossi nq shall be made without interfer.ence with any lawful, usual or orc'iinary flow of water through the City Ditch. Licensee shctll assume all risks incident to the possible presence of such waters, or of storm waters, or of surface waters in the City Ditch. • I • • ( ( • License Agreement P<tge 3 • • • 9. All trenches within the City's riqht!l-of-way shall be backfilled and tamped to the nriqinal qround line in l~yers not to exceed six (6) inches loose measure to a compaction of ninety per cent (90%) Standard Proctor Maximum Densitv. 10. Licensee, by accept~nce of this license, expressly assumes full and strict liabilitv for any and all damages of every nature to persons or property caused by water from the ditch leaking through, or breaking through the ditch banks or pipeline at the point or points where the Licensee performs anv work in connection with the crossinq provided bv this license. The Licensee assumes responsibility for maintP.nance of the install~ tion for a pP.riod of one year, whereupon all interest, liability and control is conveyed to the City. 11. Licensee sh<~ll ind~mnify ~nd !lave h<trmlPss the Citv, its officers and employees, <~gainst any and all claims, damaqes, actions or causes of nction and expenses to which it or they may be subjected .hy reason of said 18 inch s<~nitary sewer being within and <~cross the premises of the Citv or by reason of anv work done or omission made by Licensee, its aqents or employees, in con- nection with the construction, replacement, maintenance or repair of said installation. 12. It is expressly agreed th<~t in case of Licensee's breach of any of the within promises, the City may, at its option, have Rpecific performance thereof, or sue for damages resulting from such breach. 13. Upon abandonment of any right or privilege herein granted, the right of Licensee to that extent shall terminate, but its obligation to indemnify and save harmless the City, its officers ~nd employees, shall not terminate in any event. In grantinq the above authorization, the City reserves the right to make full use of the property involved as may be neces- sary or convenient in the operation of the watP.r works plant and system under the control of the City. IN WITNESS WHEREOF, this instrument has be e n executed as of the day and vear first above written. APPROVED: Stewart Fonda Director of Utilities CITY OF ENGLEWOOD, acting through and by its Water and Sewer Board Ry: ~c~fi~a,l~rm~a~n~------------------- • I • • ~Jn _;I n - ( • Lican~P AqreAmAnt Page 4 C~ty Attorney CA7/27a • • • CITY OF LI TTLETON I • • • - • ( • • • • SW 114 SECTION 16,TOWNSHIP5 SOUTH,RANGE 68 WEST 6th P.M. ---ARAPAHOE COUNTY--- • J 1 : ! SW I/4SEC.I6 86°23'5)00 [ 12 .11' SIJ•()6'15 .. W zo.z1' NM0 ZJ'57"w 1 .13' IO.SANITARY SEWER,P.\!C. CITY OF ENGLEWOOD SCALE: AS SHOWN DRN. R.M.P. CIC. AfiP. NO. I • - • • • • • LICENSE AGREEMENT THIS Ar.REEMENT, made and entered into as of the day of , 198 , by and between thP. CITY OF ENGLEWOOD, a """m-u-n""'i--:c'"'i.-p:-a:-1.---c:-,o::-rporatTOn nr Colorado, herP.inaftP.r rP.ferrP.d to as "Citv" and the CITY OF LITTLETON, a municip~l corooration of the State of Colorado, hereinafter referred tn ~~ "LicPnsee", NITNESSETH: The Citv without any warr~nty nf its title or interest whatsoever, herehv authori~P.s LicAn~ee, its successor, asRiqns, to install rt Si'lnit~rv ~PW"r ncrn~s thf' City'~ riqhts-or-w~v for the Citv nitch, A parcel of land ~ituatPd in the Southwest 1/4 of Section 16, Township 5 South, Ri'lnqe 68 We~t of th0 nth P.M ., Countv of Arapahoe, State of Colorado and lying within the followinq described lines: Reqinninq at a point from whence the We~t 1/4 corner of said Section 16 be~rs N 59°59'57" lol, a d.i.stancP. of 1,209.7.6 feet; 1. Thence N 45°21'10" W, a distance of 16.02 feet; 7.. Thence N 03°36'03" E, a distance of 68.73 feet, to a point on the west riqht-of-way line of the City Ditch; 3. Thence N 13°06'15" E, alonq said riqht-of-way line, a distance of 66.61 feet; 4. Thence N 24°28'26" F., a distance of 25.26 feet; 5. Thence S 03°36'03" w, a distance of 48.48 feet; fi. Thence S 86°23'57" E, a distl'lnce of 12.18, to a point on the east riqht-of-wav line of the City Ditch; 7. Thence s 13°06'15" W along said riqht-of-way line, a distance of 20.2R fPet; B. Thence N 86°23'57" W, a dist~nce of 8.83 feet; 9. Thence S 03°36'03" w, a distance of 5~.77 feet to a point on the east riqht-nf-wav line of the City Ditch; 10. Th~nce S 13°06'15" W alonq said riqht-of-way line, a distance of 4 7. 96 feet, mon~ or less, to the point of beqinning • • I • • - • ( • Lio'!n s e Aq rPPm e nt Pa q P :>. • • • ~he Rhove-described parcel ~ontains O.OfiO acres, more or le ss. l. Any constru~tion r.ontemplated nr performed undE>r this Lir.e nse shall complv with and r.onform to standards formulated b y the Director of Utilities of the City and sur.h construction shall be performed <1nd complPted ar.r.ordi.nq to the plan a nd within the toleranr.P.s qiven on the Citv's drrtw]nq, Dr. , No. , consisting of one sheet, a copy of which i s ;,tta c hr.d hrrPtn i'l nn mane a p n rt hereof. :>. The LicenseR shnll 11ntifv the Citv's Di rector of Util- ities At l~'>i!Rt three (3) days prior. to the time o f r.ommPncemPnt of the cons t ruction of, or any r e p11irs madco to, T.]c e nsep's 10 inch sanitary sewer. so the~t the Citv may, in its discretion, inspect such op~'>r n tinns. 3. Within thirtv (30) days from the date of the commencement of construction of said 10 inch sanitary sewer the Licensee shall complPte such construction, pla~e nnd ma]ntain permanent, visible markers, of a type and at sur.h locations as designC~ten by the City's Director of Utilities, referrinq to the centPrline of the installntion and shall clear thP ~rossinq area of all construction debris and restore the area to i ts previous condition as nenr ns may be reasonl\ble. In the event the pli!cinq of the centerline markers Ann the clearinq And r e s to r a ti o n of th0 c r o ssinq area is not completed within the time spE>c i fied, the Ci tv mav c omplete the work at the solP expense of the Licen s PP. 4. The City shall have the right to maintain, install , repair, removP or relocate the Citv Di.tch or anv other of its facilities or installations \.,i thin the Citv' s riqhts-o~-wav, at anv timR ann in s uch manner as thP City dPems necessary or. conve- nient. The Citv reserves the P.xr.lusive riqht to control all easements and inst11llations. In the event the 10 inch sanitarv sewer should interfere with any future use o~ the City's rights-of-way by the City, the Licensee shall, upon rP.quest and at its sole expP.nse, relocate, renrrange, or removE" its installations so as not to i nterfere with an y such u s e. 5. Any repair or r ep lar.emE>nt o f anv Citv installation made necessarv, in the opinion o f the City's Director of Utili ties because of t.he construction of thP. 10 inch sanitar:v sewer other appurtenant install a tio ns the rE>of, shall be made at the solP expense of the License~. 6. The stipulation and c onditions of this Lic~nse shall be incorporated into contract spe~ifications if the construction herein authorized is to be done on a contract basis . • I • • • License AgrPemrnt Page 3 • • • 7. The rights and privilP-qe~ qr.anted in this LicensP. shall be subject to prior aqreemP.nt~, licenses and/or grants, recorded or unrecorded, and it shall be the Licensee's sole responsibility to determine the P.Xistenr.e of said documP.nts or conflicting uses or installAtion~. 8. The Licensee shall contact and fully cooperate with the City's ditch foreman and the crossing shall be made without interfenmr.e with any lawful, usual or ordinarv flow of water through the City Ditch. Licensee shall assume all risks incident to the possible presence of such waters, or. of storm waters, or of surface waters in the City Ditch. 9. All trr>nches within thf' Citv's r.iqhts-of-wRy shall be backfilled and tamped to the original ground lin<" in lavers not to excP.ed ~ix (6) inches ]onse me~~ur.e to a compartinn nf ninety per cent (90%) Standard Proctor ~aximnm Density. 10. LicPnsee, by acceptance nf this license, expresslv assumes full and strict l iability for any and all damages of every naturP. tn persons or propertv caused by water from the ditch leaking through, or breaking throuqh the ditch banks or pipeline at the point or points where the LicenseP. performs any work in connection with the crossjng provided by this license. The Licensee assumes responsibility for maintenance of the installa- tion for a period of one vear, whereupon all interest, liability and control is conveved to the Citv. 11. Licensee shall indemnify and save harmless the Citv, its officers and employees, ag~inst any and all claims, damages, actions or causes of action and expenses to which it or thev may be subjected by reason of said 10 inch sanitary sewer being within and acro~s the premi~es of the City or bv reason of any work done or omission miide bv Licensee, its aqrmts or employees, in con- nection with the construction, replacement, mRintenance or repair of said installation. 12. It is expressly agreed that in case of Licensee's breach of any of the within promises, the Citv may, at its option, have spe ci fic performance therP.nf, or suP. fnr d~tmages re~ulting from such bre~tr.h. 13. npon abandonment-of' 1\nv right or privilege herein granted, the right of Licen~ep to that extent shall terminate, but its obligation to indemnj fv a nd savP. harmless the Citv, its officers and employees, shall not terminate in anv event. Tn granting the r~bnw> r~uthorization , the Ci.tv resPrves the riqht to make full use of thP. prnpertv involved aR m~v be neces- Rarv or convenient-in the npP.r.ation of the water works plant and syRtem undPr the control of the Cit-v • • I • • - • • • ~icense Aq r 0Pffi Pnt P a q e 4 • • • I N WI TNESS WHF.REOF , t h is i nstrumP.n t h a s b P.e n exP.cUtP.d a s o f thP. d ay a nd VP.ur first a b ovP writtPn . APPROVED: Stewart Fonda Director of UtilitiP.s CA7/2 7 CITY OF ENGLEWOOn, acting t hrouqh a nd by its WatPr and Sewe r Hoard Ry: · ~C~h-a~i~r-m_a_n ____________________ __ CITY OF LI'I"t'J.F.TON By'~~ ___ _!rfl I • • • • • • NW 1/4 SECTION21 ,TOWNSHIP5 SOUTH,RANGE 68 WEST 6th P.M. ---ARAPAHOE COUNTY --- NOTE : ........... M.-..... ""'"···, ...... ".of Sect'-Zl MiNI N00007'50 .. E. 17 20 .f..bAri SCALE: I"• 20' PROFILE NO SCALE W. LAKE: AV£ 60' R.OW • 1 C lTV OF ENGLEWOOD SCALE :'AS SHOWN DRN.R .M.P. APP I . • - • • , • • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE March 1, 1984 AGENDA ITEM ~E SUBJECT Sewer Master Plan Update INITIATED BY ______ E~n~g~l~ewo~o~d~Wa~t~e~r_a~n~d~Sew~e~r_B~o~a~r~d ______________________ __ ACTION PROPOSED __ ~A~p~p~r~ov~e~t~he~u~p~d~at~e~f~or~t~h~e~C~i~t,Y~'s~S~ew~e~r~Ma~s~t~e~r~P~l~a~n_t~o~--- be completed by Black & Veatch Engineers. BACKGROUND Black & Veatch Engineers have submitted a proposal to update the City's Sewer Master Plan. This update would update the existing computer model to incorporate "as-built" information, investigate the impact of the projected flows from the Redevelopment Area on the City's existing sewer system, recommend a plan of improvements for the part of the City's sewer system that is affected by the projected flows from the Redevelopment Area, develop the probable construction costs for the recommended improvements and would include a brief letter report summarizing the evaluation and recommended sewer improvements. This analysis will be for major sewer mains. The developer will be required to size and design the local network piping. FINANCIAL DETAILS Top billing for the Black & Veatch study will not exceed $5,500 . RECOMMENDATION Englewood Water and Sewer Board recommends Council approval for the update for the City's Sewer Master Plan to be completed by Black & Veatch Engineers. • I • • (' , • BLACK 81 VEATCH ENGINEERS-ARCHITECTS Mr. Stewart H. Fonda Director of Utilitiea City of Englewood 3400 South Elati Street Englewood, Colorado 80110 Dear Stu: • • • TEL. IJ031 671 ·4200 DENVER REGIONAL OFFICE 1400 S . POTOMAC STREET-SUITE 200 AUROIIIA. COLOIIIAOO 8001Z February 8, 1984 We appreciate thia opportunity to au~it our propoaal to update the City'a Sewer Haater Plan. lllel.oaed for your rwi-ia our Propoaed Scope of Servicea. We propoae to caaplete thia work with our aever planning effort• for the City'• l.ednalo,..nt Area. We would caaplete tbia work on a coat plue beaia, aelariea t:IMa 2.5 and coat at coat, with a top billina Uait not to exceed $5,500,00. If we can provide any aditional infonaation, pleaae call. alb !nel.oaure Very truly youra, BLACK & VEATCH • I • • - ( ' "' • • • • PROPOSED SCOPE OP .SERVICES Sl!WER MASTEl PLAN UP~TE 1. Update the e:dating cc.puter .odel to incorporate "aa-buU t" infor.ation of the R-1, R-2, R-3, R-4 and R-5 t.prove•ents, and adjust the projected population and flows to account for the City Redevelopaent Area. 2. Investigate the impact of the projected flows from the Re- developaent Area on the City'a existing sewer syatem. Coor- dinate thia inveatigation with the recommended plan of aewer ilaprov-enta for the Redevelopaent Area. 3, Rec-nd a plan of :IJIIprovementa for that part of the City's aewer ayat .. that ia affected by the projected flows from the Redevelopaent Area. 4. Develop the probable conatruction costs for the rec-nded illlprov .. enta in Item 3. 5. Prepare a brief letter report IUIIUrizing the evaluation and rec-nded -r illprovements. I • • - • ORDINAOCE NO. q SERIES OF 198'-:4--- • • • BY AUTHORITY COUOCIL BILL NO. 8 lm'RODUCID BY COUOCIL MEMBER BILO AN ORDINAOCE AMEND!~ ARTICLE I, CHAPI'ER 6, SEX:TION 9, OF THE ENGLEWOOO MUNICIPAL COOE 1969, AS AMENDED, PROVIDI~ FOR QUARTERLY REPORTS, RATHER THAN MOOTHLY REPORTS, FRQ1 MUNICIPAL COURT TO THE CITY COOOCIL OF ALL NOTICES AND CITATIONS ISSUED, AM00G OTHER INFORMATION. WHEREAS, Council has received a recootnendation of the Englewood Court Advisory Committee; N:M, THEREFORE, BE IT ORDAINED BY THE CITY COUOCIL OF THE CITY OF DG.EWOOO, COLORADO, AS ~: Section 1. That Article I, Olapter 6, Section 9, of the EM: of 1969, as amended, is hereby amended to read as follows: 1-6-9: REX:0RDS OF 8WAiW1 COURT The ~<KHR& RIH!e.w COURT shall keep records and subnit s~m~~arized -e~:~*¥ QUARTERLY reports to the City Council of CASES FILED, aH M~iees aRii fiua-& H&lieli aNi IH!HBY IMiie HI! ~a~HR& ei ehe eede H eHHaReee ei ei:IH SMy, aNi ei aU ehe fines, COORT COSTs AW OTHER MUNICIPAL FUtVS collected, WARRANrs ISSUED, HFARI~ HELD, AW SOCH OTHER AN> FURTHER INFORMATION N!X:ESSARY OR REASClNABLE IN THE CIR:U1STALCES. ~ ehe Vie*ati&M ~1:1 Mill ei ehe ~~ fiepes+~HR H PHtJeM ~ ei eveey eHe ei vie*a~ifHII ei ehe p!!e¥~ ei 8tl8h eelle H eMiMMeo Qleh He8Me shaU Be 88 IMiR~aiAell as M shew aU t!ypes ei vie*aUaRS aRii ehe ~. ei ea&R. said records shall be public records, EXCEPI' AS OTHERWISE PROVIDED BY LAW. Introduced, read in full, and passed on first reading on the 21st day of February, 1984. Published as a Bill for an Ordinance on the 22nd day of February, 1984. Read by title and passed on final reading on the 5th day of March, 1984. 7 A I • In - • • • • • • Published by title as Ordinance No. ___ , Series of 1984, on the 7th day of March, 1984. Eugene L. Otls, Mayor Attest: ex off1cio C1ty Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of &"aglewood, COlorado, hereby certify that the above and foregoing is a true, accurate and canplete copy of the Ordinance passed on final reading and published by title as Ordinance No. , Series of 1984. --- Gary R. Higbee I • • - ORDINAOCE NO. _!1_ SERIES OF 1984 • • • BY AUTHORITY COUNCIL BILL NO. 8 INTRODUCED BY COUNCIL MEMBER BILO AN ORDINAOCE AMENDING ARTICLE I, CHAPI'ER 6, SFX:TION 9, OF THE ENGLD«XJD MUNICIPAL COOE 1969, AS AMEIDED, PROVIDING FOR QUARTERLY REPORTS, RATHER THAN tt:JNTHLY REPORTS, FR<l1 MUNICIPAL CCXJRT TO THE CITY COUNCIL OF AIL NOTICES AND CITATIONS ISSUED, AHOOG OTHER INFORMATION. WHEREAS, Council has received a recameudation of the Englewood Court Advisory catrnittee; ~. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ~. COLORADO, AS ~: Section 1. That Article I, Chapter 6, Section 9, of the EHC of 1969, as amended, is hereby amended to read as follows: 1-6-9: RD:ORDS OF ~ COURT The ~MR& IMI!e.w CCXJRT shall keep records and subnit slllmlai:ized -eh*'t' QUARTERLY reports to the City Council of CASES FILED, aH AIMHe& aRii fiYa-~ 11M ltHe&Y IMtie iM """*a~MRe ei eRe 88lle M eM~RaRee8 ei ehi-e El~ey, aRii ei aU ehe fines, COURT COSTS AN:> OTHER MUNICIPAL FUM)S collected, ~ ISSUID, HFARINGS HElD, AND SOCH OTHER AN:> FURTHER INFORMATION tm:ESSARY OR REASONABLE IN THE CIIOJ1STA!CES. ily ehe !Ji:ela~i:&RS IMI!e.w aflli ei ehe fl.Ati ei:apeai:~ieft M p!H!IIeM ~ ei eYH'f ease ei """*atieft ei ehe pMYHMRS ei .._.,. aeae M MCHMftl!!ew SlieR ~-~~~a &RaU 8e ae IMli'IYlneli as M shew aU eypee ei ~i-sM al'lli ehe MMH ei eaeh. Said records shall be public records, EXCEPI' AS OTHERWISE PROVIDED BY LAW. Introduced, read in full, and passed on first reading on the 21st day of February, 1984. Published as a Bill for an Ordinance on the 22nd day of February, 1984. Read by title and passed on final reading on the 5th day of March, 1984. I • • • • • • Published by title as Ordinance No._Q_, Series of 1984, on the 7th day of March, 1984. Eugene L. 0t1s, Mayor Attest: ex officio city Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of &lglewood, Colorado, hereby certify that the above 'lind foregoing is a true, accurate and cauplete copy of the Ordinance IJ¥sed on final reading and published by title as Ordinance No.~, Series of 1984. Gary R. Higbee • I • • • ORDINAOCE NO. I 0 SERIES OF 1984 • • • BY AlmiORITY COUOCIL BILL NO. 9 INTROOOCED BY COUOCIL MEMBER BRAOOHAW AN ORDINAOCE APPROVING AN AGRE»1FNN' BE"JWErn 'niE CITY OF EN:iL~, COLORAOO, AW THE CENI'RAL COLORAOO LIBRARY SYSTEM REG\RDING RFX::IPROCAL BORROIIING PR<XiRAM. ~. Central Colorado Library Systan (O:LS) is the Regional Library Service Systan in which Englewood Public Library partici- pate; and ~. said O:LS has sul:Jnitted an agreement to the City of Englewood for continuation of a program currently in effect, which agreement relates to the reciprocal borrowing program, a copy of said agreement is attached hereto and incorporated herein by reference; NCXol, 'mEREFORE, BE IT ORDAINED BY THE CITY COUOCIL OF 'niE CITY OF ~. COLORAOO: Section 1. ~at the City of Englewood, Colorado, shall enter into an agreement with the Central Colorado Library Systan relating to reciprocal borrowing program carrnencing October 1, 1983 through September 30, 1988. Said program generates income for the City and affords Englewood residents direct access to materials owned by participating libraries. Said agreement consists of three typewritten pages and is incorporated herein by reference as Exhibit A. Section 2. That the City Council of the City of Englewood, Colorado, hereby authorizes the Mayor of Englewood to subscribe his name to said agreements for and in behalf of the Englewood Public Library and the Director of Finance, ex officio City Clerk- Treasurer, attest the same. Introduced, read in full, and passed on first reading on the 21st day of February, 1984. Published as a Bill for an Ordinance on the 22nd day of February, 1984. Read by title and passed on final reading on the 5th day of March, 1984. I • • - - • I • • • • Published by title as Ordinance No. ___ , Series of 1984, on the 7th day of March, 1984. &lgene L. ot1s, Mayor Attest: ex off1c1o C1ty Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of n"lglewood, COlorado, hereby certify that the above and foregoing is a true, accurate and ~lete copy of the Ordinance passed on final reading and published by title as Ordinance No. , Series of 1984. --- Gary R. Higbee • I • • • • • • Aareeaent for Participation in the Central Colorado Library Sy1te. Public Library Reciprocal lorrovin& Proaraa Whereas, City of Englewood is n political subdivision of the State of Colorado located within the boundaries of the Central Colorado Libury Syste•, and ruaintains and operates a public library, the · Englewood Public Library and Whereaa, ____ c_i~t~y~o~f~En~g~l~e~wo~o~d~----------------------------- desires to participate in the Public Library Reciprocal Borrowing Program operated and administered by the Central Colorado Library Syste111; now Therefore, __ c_i_t~y __ o_f __ En~g~l_e_wo __ o_d _________________ hereby agrees: 1) To participate in the Public Library Reciprocal Borrowin& Proaram for the period coamencing 1 October 1983 and continuing throuah 30 September 1988. 2) To e~dor1e, abide by, and be subject to the rule• for Operation and Adainistration of the program, which Rules are attached hereto and incorporated as a part of this agreement. It ia understood that this agreement is a joint intergovernmental agreement among the progra~ participants, and Lhat the Central Colorado Library System fuuction9, in administration of the program, aa the agent of the body of particip11nta. Central Colorudo Ubrary System :I!SIJ5 Marshitll Sl reel Wh eal WtlMt'. Colorado (:IU:IJ -lll-11;,o Suite liM HIKJ:l :l • I • • - • • • • Page 2 It i1 further under1tood· that thi• agreeaent IIIIIY be tenninated at the end of any ·one-year period after October 1983, at the option of the participating juri•dictions. Notice of intent to terainate participation au1t be 11111de in writing to the Director of the Central Colorado Library Sy1te., not later than aixty (60) day• preceding the date of intended ter•ination. It i1 agreed that termination of participation is considered a permanent act, and that no warranties regarding reinstatement of a ter•inated participant are made by the body of participants or the Central Colorado Library Syste•. Agreed this_day of------------------ 19 __ at ______________ , Colorado. ______ _ (Seal) A Colorado Political Subdivision by: _________________________________________ ___ Title _____________________ _ Received: Central Colorado Library Sy1tea by: __________________ ~----------------------- Title _____________________ __ Date _______________________________________ _ • I . - - • • ORDINAOCE NO. 10 SERIES OF 1984 • • • BY At.miORITY COUOCIL BILL NO. 9 IN'l'RO{){£ED BY CXXJOCIL MEMBER BRAOOHAW AN ORDINAOCE APPROVING AN AGREEMENr BE'IWEEN THE CITY OF ENGLE)K)OO, a>LORAOO, Am THE CENTRAL COLORADO LIBRARY SY5T&I ~ING ~IPROCAL ~ING PR<XiRAM. WHEREAS, Central Colorado Library Systan (a:LS) is the Regional Library Service System in which Englewood Public Library partici- pate; and WHEREAS, said a:LS has subnitted an agreement to the City of Englewood for continuation of a program currently in effect, which agreement relates to the reciprocal borrowing program, a copy of said agreement is attached hereto and incorporated herein by reference; ~. THEREFORE, BE IT ORDAINID BY THE CITY COUOCIL OF THE CITY OF EHiLEl«llO' a>LORADO: section 1. That the City of Englewood, Colorado, shall enter into an agreement with the Oentral Colorado Library Systan relating to reciprocal borrowing program ccmnencing October 1, 1983 through September 30, 1988. Said program generates income for the City and affords Englewood residents direct access to materials owned by participating libraries. Said agreement consists of three typewritten pages and is incorporated herein by reference as Exhibit A. section 2. That the City Council of the City of Englewood, Colorado, hereby authorizes the Mayor of Englewood to subscribe his name to said agreements for and in behalf of the Englewood Public Library and the Director of Finance, ex officio City Clerk- Treasurer, attest the same. Introduced, read in full, and passed on first reading on the 21st day of February, 1984. Published as a Bill for an ordinance on the 22nd day of February, 1984. Read by title and passed on final reading on the 5th day of March, 1984 • • I • • - .. • • • • Publishe1 by title as ordinance No./ D , Series of 1984, on the 7th day of March, 1984. rugene L. 0t1s, Mayor Attest: ex officio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Fnglewood, Colorado, hereby certify that the above and foregoing is a true, accurate and C."CX!!Ilete copy of the ordinance passed on final reading and published by title as ordinance No. /0 , Series of 1984. --- Gary R. Higbee I • • - • (_ • • • • Aare .. ent for Participatioo io the Central Colorado Library Sy•t .. Public Library Reciprocal lorrovina Proaraa Wherea•, City of Enalevood is a political subdivision of the State of Colorado located "'ithin the boundaries of the Central Colorado Libr~try Systeoa, and maintains and operates a public library, the · Englewood Public Library and Whereal, ____ c_i_t~y __ o_f __ En-=a_l_e_vo __ od ______________________________ __ desires to participate in the Public Library Reciprocal Borrowing Program operated and administered by the Central Colorado Library SysteiA; now Therefore, City of Englewood hereby agrees: 1) To participate in the Public Library Reciprocal Borrowing Proaraa for the period co..encing 1 October 1983 and continu i ng through 30 Septeaber 1988. 2) To e!'dorae, abide by, and be aubject to the ru1u for Operation and Ad•iniatration of the prograa, which Rule• are attached hereto and incorporated a• a part of thi1 agreement. It is understood that this agreement is a joint intergovernmental agreement among the progra• participants, and lh~tt the Central Colorado Library Systc• functions, in •dministration of the program, •• the agent of the body of participants. Central Coluradu Uhrary Syatem 31:105 Marslwll Slrccl Suite :!0~ Wh eut l~idJl!', Colorado H!KJ:I:I (:IO :I) ~ll -11511 • I • • • n • • • Page 2 It ia further understood· that this agreement .. y be terminated at the end of any ·one-year period after October 1983, at the option of the participating jurisdictions. Notice of intent to terainate participation •uat be made in writing to the Director of the Central Colorado Library Syatea, not later than sixty (60) daya preceding the date of intended termination. It is agreed that termination of participation is considered a pe~nent act, and that no warranties regarding reinstatement of a terminated participant are made by the body of participants or the Central Colorado Library System. Agreed this ___ day of----------------- 19 __ at ______________ , Colonulo. ______ _ (Seal) A Colorado Political Subdivision by: ____ ~--------------------- Title _____________________ _ Received: Central Colorado Library Syatem by: __________ ~------------- Title'----------------------- Date _______________________________________ __ I • • • • • • BY Atn'HORITY ORDINAOCE NO. SERIES OF 198:4•--- A BILL FOR AN ORDINA!CE APPROVIOO AN AGRE!J1DIT WITH THE METROPOLITAN DENVER SDW;E DISPOSAL DISTRICT NO. 1 PROVIDIOO FOR SI?EX:IAL COONEX:TOR STATUS FOR THE CITY OF EK>LD«Xll. WHEREAS, a certain portion of northeast &'lglewood lies in the drainage system that more economically and conveniently drains sewage into the Metropolitan Denver Sewage Disposal District No. 1 system; and WHEREAS, the expense to the City of &'lglewood in punping and transferring the sewage to another drainage system makes said p.mt>ing and transfer uneconanical; NOW, 'mEREFORE, BE IT ORDIHNED BY THE CITY ClllltCIL OF THE CITY OF ENGl.EJ«XX>, as follows: section 1. That City Council of the City of &'lglewood hereby approves that docunent titled "Metropolitan Denver Sewage Disposal District No. 1 SPEX:IAL CXHIB:TORS AGREEJ1mi' CITY OF~" pursuant to the terms and conditions thereof, a COPf of which is attached hereto, marked Exhibit A, and incorporated herein by reference. section 2. The Mayor and the ex officio City Clerk-Treasurer are hereby authorized to sign said Agreement for and on behalf of the City Council and the City of &'lglewood. Introduced, read in full, and passed on first reading on the Sth day of March, 1984. 1984. Published as a Bill for an Ordinance on the 7th day of March, Attest: Eugene L. Otis, Mayor ex officio C1ty Clerk-Treasurer • I • • ·In - • • • • • • • • 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 cattplete copy of a Bill for an ordinance, introduced, read in full, and passed on first reading on the 5th day of March, 1984. Gary R. H1gbee • I • • • • • Metropol i tan Denver Sewage Disposal District No. 1 SPECIAL CONIIECTORS AGREEMENT CITY OF ENGLEWOOD • I . • • • - • ' • • • • SPECIAL CONNECTORS SEWAGE TREATMENT AND DISPOSAL AGREEMENT ENGLEWOOD (herein sometimes referred to as the Special Connector Agreement) MADE AND DATED as of the ---day of ------19 __ • by and between the METROPOLITAN DENVER SEWAGE DISPOSAL DISTRICT NO. 1 (herein sometimes referred to as the "District"), a public body politic and corporate, a quasi-municipal district, and a governmental and politi- cal subdivision of the State of Colorado (herein sometimes referred to as the "State"), and the CITY OF ENGLEWOOD, Colorado (herein referred to as a "Special Connector," a public body politic and corporate, a municipal or quasi-municipal corporation, and a governmental and political subdivision of the State). WHEREAS, the District, now situate in the Counties of Adams, Arapahoe, Jefferson and the City and County of Denver, within the State, was duly organized on the 15th day of l~ay, 1961, under what is now Title 32, Article 4, Part 5 of the Colorado Revised Statutes 1973, as from time to time amended, and its officers from time to time have been duly chosen and qualified; and WHEREAS, on the first day of January, 1964, the District entered into a Sewage Treatment and Disposal Agreement with certain municipalities to provide sewage treatment and disposal which agreement is still in full force and effect; and WHEREAS, the District has the power: (a) To fix and from time to time to increase or to decrease rents. rates, fees, tolls, and other charges to the Special Connector for connection with or use of services of the District's System, including •inimum charges and charges for availability of service (herein sometimes designated as "Service Charges"); (b ) To pledge such revenue for the payment of any securities of the District; (c) To borrow money in anticipation of revenues, to issue notes to evidence the amount so borrowed, to secure their payment by a pledge of revenues of the District, including, without limiting the generality of the foregoing, proceeds of bonds to be issued or reissued hereafter, and to issue and to pledge bonds as ·collateral security for the payment of the notes; and • I • - • • • • • WHE REAS, the District was organized for the acquisition, opera- tion, and maintenance of a Sewage Disposal System for the interception from Municipalities, transportation, treatment, purification and disposal of sewage and industrial wastes in an efficient and economical manner; and WHEREAS, the Di strict has sewage treatment works, interceptor sewers and appurtenances thereto; and WHEREAS, the District also has the power: (1) To enter, without an election, into joint operating or serv- ice contracts and agreements, acquisit ion , improvement or disposal con- tracts, or other arrangemen ts for any tenn not exceeding fifty (50) years with any Municipality or person concerning sewage facilities, sewers, sewer system, int ercepting sewers, project or sewage disposal system, and any water and water rights appertaining thereto, whether acquired by the District, or by any public body or other person, and to accept grants and contributions from any public body or other person in connection there- with; and when determined by the Board to be in the public interest and necessary for the protection of the public health, to enter into and to perform, without an election, contracts and agreements for any term not exceeding fifty (50) years with any Municipality or person for the provi- sion and operation by the Oi strict of sewage facilities, sewers, sewer system, intercepting sewers, project or sewage disposal system to abate or· reduce the pollution of waters or other nuisance caused by discharges of sewage, liquid wastes, solid wastes, night soil, and industrial wastes by the Municipality or person and the payment periodically by the Municipal- ity or person to the District of amounts at least sufficient, in the de- termination of the Board, to compensate the District for the cost of pro- viding, operating, and maintaining the sewage facilities, sewers, sewer system, intercepting sewers, project or sewage di sposa 1 system serving such Municipality or person; and (2) To enter and perform, without an election, contracts and agreements with any Municipality or person for or concerning the planning, construction, lease, or other acquisition, operation, maintenance, im- provement, equ ipment, disposal, and the financing of any project, includ- ing but not necessarily limited to any contract or agreement for any term not exceeding fifty (50) years; and WHEREAS, the Spec i a 1 Connector similarly has the power so to contract with the District; and WHEREAS, the District cannot finance on satisfactory terms the acquisition, operation, and maintenance of the Sewage Disposal System, un- less the District treats and disposes of the sewage from the Sewer System of the Special Connector and unless the Special Connector is legally bound to accept and to pay for such sewage treatment and disposal service by the District; and WHEREAS, the District and the Special Connector desire to pro- vide for financing the District's monetary and budget requirements from time to time by contract providing for annual charges (herein sometimes referred to as "Annua 1 Charges") to be paid by the Speci a 1 Connector as herein provided, in lieu of Ser~ice Charges unilaterally fixed, charged, -2- • I • - ( ( • • • • and co ll ected by the District i ndependent of any such contract (exclud i ng any Service Charges appertaining only to any Interceptors), and otherwise a pp erta i ning to the District's Sewage Dis posal System and to the Sewer System of the Special Connector; and WHEREAS, the Distr i ct and the Spec i al Connector have determined t o enter i nto th i s Agree ment for the aforesa i d purpose. NOW, THE REFORE, THIS AGREEMENT WITNESSETH: That i n cons i de ration of the premises, of the mutual covenants and agreements herein set forth, and of the undertakings of each party to t he ot hers, and in order to secure the payment of the operation and main- tenance expenses of the District, the payment of the principal of and the interest on the bonds and other obligations of the District heretofore or hereafter issued or otherwise incurred, and the payment of any other fi- nancial obligations of the District, the parties hereto, each binding it- self, its respective representatives, successors, and assigns, do mutually COV ENANT, UNDERTAKE, PROMISE, AND AGREE, as follows: ARTICLE I SHORT TITLE, DEFINITIONS, AND INTERPRETATIONS Section 101. Short title. This Agreement may be referred to as the "Special Connectors Agreement" (herein sometimes designated as the "Agreement"). Section 102. Meanings and Constructions. A. Definitions. The terms in this section defined for all purposes of this Agreement and of any agreement amendatory hereof or sup- plemental hereto or relating hereto, and of any instrument or document appertaining hereto, except where the context by clear implication other- wise requires, shall have the meanings herein specified: (1) "Acquire" or "Acquisition" means the purchase, construction, reconstructio~, lease, gift, transfer, assignment, option to purchase, or grant from the Federal Government, any public body or other person, endow- ment, bequest, devise, installation, condemnation, other contract, or other acquirement (or any combination thereof) of facilities, other prop- erty, any project, or an interest therein, as authorized by the Act. (2) "Act " means the act governing ·the Distr i ct and authorizing this Agreement, which act is COfTillonly designated as the "Metropolitan Sewage Disposal Districts Act of Colorado," was adopted as Chapter 55, Sessions Laws of Colorado 1960, was reenacted as Ti tle 32, Article 4, Part 5, Co l o- rado Revised Statutes 1973, as amended. (3) "Alter " or "Alterat i on " apperta i ns to any structure or other Fa- c i l i ty which i s not compl eted as a part of the Project or to any enlarge- ment or change of structure or other Facil i ty which enlargement or change i s not completed as a part of the Pro j ect, but does not inc l ude an Exten- sion, a reconstruct i on, replac em ent, or repair of a part of the Sys tem acquired as the Project, nor does i t i nc l ude an en l argement or change of the sewage treatment pl ant acqu i red as part of the Pro j ect. -3- • , I • • - • ( • • • • {4) "Annual Budget" means the budget or the amended budget for a t i sea 1 Year and adopted by the District or in effect pursuant to Sect i on 501 hereof. {5) "Annual Charges " means the su ms paid or oecoming payable to the Di strict pursuant to this Agreement and p u r s uant to any agreement supple- menta l thereto. {6) "Board " or Board of Directors " means the board of directors of t he District. (7} "Bond Question" means the question authorizing the issuance of the District's sewer acquisition bonds and submitted to the electors of the District at any special bond election. (B) "Bond Year" means the twelve {12) months conrnencing the second day of Apri 1 in any year and ending on the first day of Apri 1 of the next succeeding year. (Y) "Charge " means either an Annual Charge or a Service Charge payable to the District by a Special Connector. (10} "Clerk" means the clerk, secretary, or other official of a Special Connector who perfonns duties ordinarily performed by a city clerk, town clerk, or secretary of a corporation. (11) "Cost of the Project," or any phrase of similar import, means, in addition to the usual connotations thereof, the cost of Acquisition and equipment of all or any part of the Sewage Disposal System for the Dis- trict and of all or any property, rights, easements, privilege, agree- ments, and franchise deemed by the District to be necessary or useful and convenient therefor or in connection therewith, including interest or discount on bonds, costs of issuance of bonds, engineering and inspection costs and legal expense, cost in financial, professional, and other esti- mates and advice, contingencies, any administrative, operating, and other expenses of the District prior to and during such Acquisition . {12) "Debt Serv i ce " means, as of any particular date or computation and with respect to a particular Bond Year, i.e. the twelve (12) month period beginning on the second day of April in any Fiscal Year and ending on the first day of April in the next succeeding Fi sea 1 Year, an amount of money equal to the aggregate of the following: {a) All interest payable durihg the Bond Year on all bonds and other securities of the District outstanding on the date of computa- tion, and (b) The princ i pal amount of all bonds and other securities of the District outstanding on the date of computation which mature during the Bond Year, and (c) All reasonable amounts required for deposits into any reserve account or reserve fund created, accumulated, and maintained as a continuing reserve to prevent deficiencies in the payment of the principal of and the interest on any outstanding securities of the -4- • I • • In ( • • • • Dist r ict resulting from the failure to deposit sufficient funds to pay said princ i pal and interest as the same accrue, all calculated on the assumption that the bonds will after the date of compu tation cease to be outstanding by reason, but only by reason, of the payme nt of the principal thereof at maturity. (13) "D istrict" means the metropolitan sewage disposal district des- ignated as the "M etropolitan Denver Sewage Disposal District No. 1," a public body politic and corporate and a governmental subdivision of the State, also constituting a quasi-municipal district and a political subdi- vision of the State, established as an instrumentality exercising public a nd essential governmen tal and proprietary functions to provide for the puoli c health, safety, and general welfare, formed under and governed by t he provision s of the Act, and situated in the Counties of Adams, Arapa- hoe, J efferson and the City and County of Denver, and State of Colorado, wi h all the powers, privileges, immuniti es, rights, liabilities, disabil- i t i es, and duties provided by the Act; and the term means any municipal cor po rat i on succeeding to the rights of the Oistrict. {14) "District Officer" means any one of the Chairman, Chairman Pro Tern , Secretary, or Treasurer of the Board and of the District. (15) "Extend" or "Extension" mean s the installation of any new interJ ceptor or other sewer main, which installati on extends the System to a Municipality which hereafter is served by the District . {16) "F acility" means any of the works or other properties, or any interest therein, appertaining to the "System," as herein defined, or to a "Sewer System," as herein defined. {17) "Federal Government" means the United States of America or any agency, instrumentality, or corporation thereof. {18) "Fi seal Year" means the twelve {12) months coriJllencing on the first day of January of any year and ending on the la st day of December of the same year. ( 19) "G enera 1 Fund" means the "Metropolitan Denver Sewage Oi sposa 1 , District No. 1, Colorado, General Fund," created in Section 501 of the 5-1-82 Bond Resolution, adopted by the Board. (20) "Gross income," "g ross revenues," "income," or "revenues" from the System means all income and revenues derived by the District from the operation of the Sewage Disposal System, or any part thereof, whether re- sulting from Improvements, Extensions, Alterations, enlargements, repairs, or betterments thereto, or otherwise, and inclu des all revenues rece ived by the District or by any muni ci pa 1 corporation succeeding to the rights of the District from the System and from the sale and use of sewer service and sewerage facilities, or any combination thereof. {21) "Hereby," "herein," "hereinafter," "hereinbefore," "hereof," "hereto," "hereunder," and any similar term, refer to this Agreement and not solely to the particular portion thereof in which such word is used; "heretofore" means before the stated date of this Agreement; and "here- after" means after the stated date of this Agreement. -5- • I • • ( ( • • • • (22) "Imp rove " or "Imp rovement" means the Extension, Alteration, bet - terment, reconstruct i on, replacement, repa ir , or other improvement (or any co mbination thereof} of facilities, other property, any project, or an inte rest therein , as authorized by the Act. (2 3) "Income " means "gro ss income," as herein defined. (24) "Independent Accountant" means any certified public accountant or any firm of such certified public accountants, duly licensed to prac- t ic e and practicing as such under the laws of the State, appointed and paid by the District: (a) Who i s, i n f act, independent and not under the domination of the District, (b) Wh o does not have any substantial interest, direct or Indi- r ect, with the District, and (c) Who is not connected with the District as an officer or employ ee of , the District but who may be reyularly retained to make annual or similar audits of the books or the records of the District . (25) "Interceptor" means any one of the intercepting sewers and the outfall sewers being necessary or proper to intercept and to transport the outfalls from the Sewer Systems of the Special Connector. (26) "M unicipal Officer" means any one of the following: Mayor, City Manager, if any, City Clerk, City Treasurer, Chairman, and any manager of a Special Connector Sewer System. (27} "Municipality" means any city, city and county, incorporated town, sanitation district, water and sanitation district, or any other political subdivis ion or public entity heretofore or hereafter created under the laws of the State of Colorado (other than a metropolitan sewage disposal district), having specific boundaries within which it is author- ized or empowered to provide sewer service for the area within its bounda- ries which at the time of entering into of this Agreement are a component part of the District and entitled to represent ation on the Board. (28) "N et income " or "n et revenues " means the revenues after deduct- ing Operation and Maintenance Expenses. (29) "Op eration and Maintenance Expenses," or any phrase of similar import, means all reasonable and necessary current expenses of the Dis- trict, paid or accrued, of operating, maintaining, and repairing the Sewage Disposal System; and the term may include at the District's option (except as limited by law}, without limiting the generality of the fore- going, engineering, auditing, legal, and other overhead expenses of the District directly related to the administrat1on, operation, and mainten- ance of the System, i nsurance and surety bond prerni ums, the reasonab 1 e charges of any paying agent or other depository bank appertaining to the System, or bonds, other securities or other obligations of the District, payments to pension, retirement, health, and hospitalization funds, any taxes, assessments, or other charges which may be lawfully imposed on the District or its income or ope~ations of facilities under its control, -6- • ) I • • • • • .. • ordinary and current rentals of equipment or other property, refunds of any revenues lawfully due to others, including but not limited to refunds to Municipalities or Special Connectors, expenses in connection with the issuance of bonds or other obligations evidencing any loan to the Dis- trict, the expenses and compensation of any trustee or other fiduciary, contractual services, professional services required by this Agreement, or otherwise, salaries, labor, and the cost of materials and supplies used for current operation, and all other administrativ~. general, and conner- cia! expenses, but excluding any allowance for depreciation or any re- serves for capital replacements, excluding any reserves for operation, maint enance, or repa ir of the System, excluding any allowance for the redemption of any note , bond, or other obligation evidencing a loan, or the payment of any interest thereon, excluding liabilities incurred by the District as the result of its negligence in the operation of the System or other ground of legal liability not based on contract, and excluding the costs of Improvements, Extensions, or Alterations. (30) "Person" means not only a natural person, corporation, or other legal entity, but also two or more natural persons, corporations, or other leyal entities acting jointly as a firm, partnership, unincorporated asso- ciation, joint adventurers, or otherwise. (31) "Project" means the construction, installation, and other Acqui- sition of the Sewage Disposal System for the District, including, withou~ limiting the generality of the foregoing, a sewage treatment plant, sewage treatment works, intercepting sewers, outfall sewers, force mains, water lines, pumping plants or stations, and appurtenances useful or convenient for the interception, transportation, treatment, purification, or disposal of sewage and industrial wastes, and all necessary lands, interest in lands, easements, and water rights, and any other Cost of the Project, as authorized by the Act and by the Bond Question; and the Project may be re- ferred to as such, or as "c onstructing, installing, and otherwise acquir- ing the System," or words of similar import. (32) "P roject Engineer" means any registered or licensed professional engineer, or firm of such engineers, or an association thereof, having a wide and favorable repute for skill and experience in the field of design- ing, preparing plans and specifications for, and supervising construction of sanitary sewer systems and facilities, entitled to practice and prac- ticing as such under the law s of the State, selected, retained, and com- pensated by the District, but not in ' the regular employ or control of the District, except that with respect to construction on the System for which the construction drawings and spec ifi cations have been prepared by Dis- trict employees working on force account or otherwise under the super- vision of the District's Engineer, this term may incude the District's Engineer, including without limitation any successor of the present asso- ciation of firms now constituting the Project Engineer. Any Project Engi- neer may also be Consulting Engineer. (33) "Rate Schedule" means the schedule of the methods for the deter- mination of Service Charges and of the rates for their allocation. (34) "Redemption Price," when used with respect to a bond, means the principal amount of such bond plus any applicable premium payable upon the redemption thereof prior to its stated maturity date in the manner contem-plated in accordance with its terms. -7- • I • • - ( • r • • • • (35) "Revenue" means "gross income," as herein defined. (36) "Revenue Fund " means the "Metropolitan Denver Sewage Disposal Di strict No . 1, Colorado, System Gross Revenue Fund," created in Section 501 of the 9-1-77 Bond Reso l ution, adopted by the Board. (37) "Secretary" mea ns the person chosen by the Board as Secretary of the Roard and the [)i strict, whi ch person may be (but is not necessar ily) a member of the Board a d may be (but is not necessar il y) the same person as the Tre asure r. (38) "S ecret ary of State" means the secretary of state of the State of Colorado. (3g) "Serv ice Charges" means rents, rates, fees, tolls, and other charges for direct or indirect connection with or the use of services of the Se 1:a ge Di sposa l System, includin g, without limiting the generality of the foregoing, minimum charges and charges for the availability of serv- ice, which Service Charges the District is or may be authorized to fix, ch arge , and collect from any Municipali ty or person independent of this or any other contract , pu rsuan t to subsection {m) of Section 32-4-510 and to Section 32-4-522 of the Act. (40) "Service Contract" mea ns that contract between the District and certain muni c ipal iti es dated the first day of January, 1964, but actually executed on the 30th day of March, 1964 denominated as the "Sewage Treat- ment and Disposal Agreement " as it has been from time to time amended. (41) "Sewage" means liquid wastes, solid wastes, night soil, indus- trial wastes, any other substance, whether it be liquid, solid, in suspen- sion, or in solution, in a Sewer System or in the Sewage Disposal System, or in both such systems. (42) "Sewage Di s pos a l System" or "System " means the sanitary sewer and other sanitation facilities to be constructed, installed, and other- wise acquired by the District, initially as the Project, and as thereafter modified. (43) "Sewer System" mea ns a system provided by a Municipality or a Special Connector to provide sewer service to its inhabit ants by t he col- lection of sewage ar ising within its corporate limits and to the extent determined by its governing body without its corporate 1 imits and by treating and by disposing of such sewage to the extent of the adequacy of existing facilities of the Municipality or Special Connector, as deter- mined and approved by the regulatory agency of the State having juris-diction. (44) "Special Connector" means any city, incorporated town, sanita- tion d istrict, water and sanitation district, special district, or any other polit ical subdivision or public entity heretofore or hereafter created under the laws of the State of Colorado, including a metropolitan sewage disposa l district, having specific boundar ies within which it is authorized or empowered to provide sewer service for the area within its boundaries, which is not a member of the District. Special Connectors shall not be entitled to representation on the Board of Directors. -8- • I • • ( • • • • (45 ) "S tate " means the State of Colorado. ( 46 ) "Sys tem" mea ns "Sewa ge Di spas a 1 System." ( 4 7) "T axes " mea ns genera 1 (ad va 1 a rem) taxes as authorized to be levied aga in st a ll taxa ble property i n the District by the Act. (48 ) "Treas ure r-" mea ns t he person chosen by the Board as Treasurer of t he Board and t he Di str i ct, whi c h person may be {but is not necessarily) a me mber of the Board and may be {but i s not necessari l y) the same person as the Se c retary. B. Const ru ct i on. This Agreement, except where the context by clear implication here i n otherwise required, shall be construed as fal-lows : {1) Definitions include both singular and plural, {2) Pronouns inc l ude both singular and plural and cover all genders. (3) Articles, sections, subsections, paragraphs, and subpara- graphs ment i a ned by number, 1 etter or otherwise, correspond to the respective articles, sections, subsections, paragraphs, and subpara- graphs of this Agreement so numbered or otherwise so designated. Section 103. Successors. Whenever herein the District or any Special Connector is named or is referred to, such provision shall be deemed to include the successors of the District or the Special Connector, respectively, whether so expressed or not. All of the covenants, stipula- tions, obligations, and agreements by or on behalf of and other provisions for the benefit of the District or any Special Connector contained herein shall bind and shall i nure to the benefit of any officer, board, district, commission, authority, agent or instrumentality to whom or to which there sha 11 be transferred by or in accordance with 1 aw any right, power, or duty of the District or the Special Connector, respectively, or of its successor, the possession of which is necessary or appropriate in order to comply with any such covenants, stipulations, obligations, agreements, or other provisions hereof. Section 104. Parties Interested Herein. Nothing herein expres- sed or implied is intended or shall be construed to confer upon or to give to any person or corporation, other tha11 the District Associ ate and Con- necting Municipal i ties as defined in the Service Contract and the Special Connector, any trustee for, and any holder of any note, bonds, or other securities of the District, and the coupons thereunto appertaining, if any, any right, remedy, or claim under or by reason hereof or any cove- nant, condition, or stipulation hereof, All the covenants, stipulations, promises, and agreements herein contained by and on behalf of the District shall be for the sole and exclusive benefit of the District, the aforesaid Mun1cipal1t1es, the Special Connector, any such trustee, and any holder of any such note bonds, other securities, and the coupons thereunto apper-taining, if any. -9- I • ( ( • • • • ARTICLE II OPERATION OF THE SYSTEM Section 201. Acquisition and Purpose. The District will oper- at e, maintain, and enlarge the System so as to receive, to treat, and to di spose of sewage, which may thereafter be delivered into the System by any Special Connector in accordance with this Agreement. Section 202. Extensions and Alterations. The District may at any ti me enlarge or modify the System or renew or replace any part thereof and may construct or otherwise Acquire any Extension or Alteration, as may be feasible and then be permitted by law. Section 203. Performing Duties. The District will faithfully and punctually perform a 11 duties with respect to the System required by the Constitution and la1~s of the State and the resolutions of the Dis- trict, including but not limited to the making and collecting of reason- able and sufficient rates and charges for services rendered or furnished by the System, and the proper segregation of the revenues of the System and their application to the respective funds provided from time to time therefor. Similarly the Special Connector will so perform all duties with respect to its Sewer System required by the Constitution and laws of the State, by ordinances or resolution of the Special Connector, and by resolutions of the District, as permitted by law, including but not limited to the prompt payment of Annual Charges. Section 204. Operation and Maintenance of Syste.. The District shall at all times operate the System properly and in a sound and economi- ca 1 manner and sha 11 rna i nta in, preserve, lnd keep the same properly or cause the same to be so maintained, preserved, and kept, with the appurte- nances and every part and parcel in good repair, order, and condition, and shall from time to time make or cause to be made all necessary and proper repairs, replacements, and renewals so that at all times the operation of the System may be properly and advantageously conducted, Section 205. Rules, Regulations, and Other Details. The Dis- trict shall establish and enforce reasonable rules and regulations govern- ing the operation, use and services of the System. All compensation, salaries, fees, and wages paid by it in connection with the maintenance, repair, and operation of the System shall be reasonable and comparable to payments by other corporations, Mun i cipalities, or public bodies for simi- lar services. The District shal l observe and perform all of the terms and conditions contained in the Act and s hall comply with all valid acts, rules, regulations, orders, and directions of any legislative, executive, administrative, or judicial body applicable to the System or to the Dis-trict. Section 206. Payment of Lawful Governaental Charges. The Dis- trict shall pay all municipal or governmental charges, if any, lawfully 1 ev i ed or assessed upon or i n . respect of the System or upon any part -10- • "' ., I • • ( • • • t hereof or upon any revenue therefrom, when the same shall become due, and shall duly observe and comply with all valid requirements of any municipa l or governmental authority relative to any part of the System and shal l not create or suffer to be created any lien or charge upon the System or any part thereof or upon the revenues therefrom, except the pledge and l ie n created by any resolution for the payment of the principal and redempt i on pr i ce of and the interest on the bonds and other securities of the Di s- t ric t. The Di str i ct shal l pay or shall cause to be discharged or wi ll ma ke adeq uate prov i sion to satisfy and to discharge, with i n sixty (6D) d ay s after the same sha l l become payable, all lawful claims and demands for l abor, materials, supplies, or other object wh i ch if unpaid might by law become a 1 i en upon the System or any part therof o r the revenues t herefrom; provided, however, that nothing in this Section 206 contained sha l l require the District to pay or to cause to be discharged or to make prov i sion for any such lien or charge so long as the validity thereof shall be contested in good faith and by appropriate legal proceedings. Section 207. Insurance and Reconstruction. The District shall at all times maintain with responsible insurers all such insurance reason- ably required and obtainable within limits and at costs deemed reasonable by the District as is customarily maintained with respect to sewerage sys- tems of like character against loss of or damage to the System, against loss of revenues, and against public and other liability to the extent at least reasonably necessary to protect the interests of the District ana the Special Connector and also all such insurance as is required to indem- nify and to save harmless the Special Connector against all liabilities, judgments, costs, damages, expenses, and attorneys' fees for loss, damage, or injury to person or property resulting from the operation or a failure of operation of the System caused by the negligence or willful act of the District, District Officers, employees, or any other agents. Any liabil- ity incurred by the District as a result of the operation of its System shall be its sole liability, and any liability incurred by the Special Connector as a result of the operation of its Sewer System shall be i ts sole liability, subject to any agreement to the contrary now existing or hereafter made. If any useful part of the System shall be damaged or destroyed, the Di strict shall as expeditiously as may be possible commence and diligently prosecute the repair or replacement of the damaged property so as to restore the same to use. The proceeds of any insurance apper- taining thereto shall be payable to the District and (except for proceeds of use and occupancy i nsurance) shall be applied to the necessary costs involved in such repair and replacement and, to the extent not so appl i ed, shall (together with proceeds of any such use and occupancy insurance ) be depos i ted by the Oi str ict as revenues of the System. In the event t h at the costs of such repa i r and replacement of the damaged property exceed the proceeds of s u ch in surance ava i lable for payment of the same, moneys i n the General Fund or the Operation and Maintenance Reserve Fund, or bo t h such accounts, as the Di str i ct may determine, shall be used to the extent necessary for such purposes. Section 208. Alienating Systea~. change, or lease at any ti me and from t i me to ties constituting part of the System and not reconstruction, or operation thereof. -11- The District may sell, e x- ti me any property or facil i - useful i n the construct i on , I • - c • • • Section 209. Records, Accounts and Audits. The District shall keep proper books of record and accounts {separate from all other records and accounts}, in which complete and correct entries shall be made of its transactions relating to the System or any part thereof and which, to- gether with all other books and papers of the Di strict, shall at all reasonab 1 e times be subject to the inspection of at 1 east any member of the Bo ard and any Municipal Officer. The District shall cause its books and accounts to be audited annually by an Independent Account ant selected by the District. ARTICLE II I GENERAL PROVISIONS CONCERNING SEWAGE DISPOSAL SYSTEM Section 301. Tributary Sewer Systems. In genera 1 , connection to the System of the District shall be made only at the connection points provided herein, or as approved by the District; shall be 1 imited to the Sewer Systems owned, operated, or controlled by the Special Connector; and shall be metered or otherwise measured at the discretion of the Distr i ct. The District may make provision at each point of connection listed in Ex- hibit A hereof for measurement of quantity and for sampling. Connections including facilities for measurement of quantity and for sampling, when- ever required by the District, shall be made at the expense of the Special Connector. The Special Connector shall require and enforce conformity to these regulations with respect to the tributary system and its parts and, where applicable, with respect to individual contributors or groups of contributors thereto. Only sewage from separate sanitary systems shall be discharged into the System, subject to the provisions of Section 406 thereof. Local sanitary systems shall receive no stormwater directly or indirectly from surface drains, ditches or streams, storm or combined sewers, roof, areaway, or foundation dra 1 ns, or from any other means, except that the minimum practicable infil tration of groundwater {in any case not to exceed 200 gallons per inch diameter per mile per twenty-four {24} hours with a maximum of 8,400 gallons per twenty-four {24} hours per mile of sewer} will be permitted. All trunk, sub-trunk, or lateral sewers and appurtenant structures comprising local tributary systems constructed after the date of this Agreement shall be of adequate strength to resist breakage and shall be substantially watertight. Pipelines, including without limitation house and building connections, shall be of such mater- ial as to minimize initial and future infiltration, and all such pipe shall be properly bedded or cradled and constructed using tight joints of type, materials, and workmanship which will minimize infiltration. Section 302. Connections to System. Upon written approval of the District, the Special Connector will permit its Sewer Systems or the out fa 11 s therefrom to be connected with the District's Sewage Di sposa 1 System at the point or points designated in "Ex hi bit A" attached hereto and by this reference made a part hereof, or at such other point or points upon which the Special Connector and the District may mutually agree. Every connection listed in Exhibit A shall be made by the Special Connec- tor at its own expense and cost, and all other approved connections shall be made at the expense of the Special Connector. Every such connection -12- I • ( • c • • • - shall constitute and shall be operated by the District as part of its Sew- age Disposal System and shall include such facilities as may be necessary to cause all sewage delivered at said point or points of connection to be discharged into the System and be so made and be so constructed as to dis- charge into the System all sewage collected in its Sewer System and deliv- ered at said point or points of connection. The Special Connector at its own expense and cost will construct, install. and operate any and all ex- tensions of its Sewer System or the outfalls therefrom necessary to cause the s~me to reach to and to deliver sewage at saio point or points of con- nection and after the making of such connection or connections, will keep its Sewer System connected with the System and 1~ill deliver and discharge into the System all sewage originating in and collected by the Special Connector except as herein othen~i se provided express 1 y or by necessary implication. Section 303. Service Rendered by the District and by the Special Connector. The Distri<.t' s Sewage Disposal System shall intercept, receive, transport, treat, and dispose of the sewage from the Sewer System of the Speci a 1 Connector. The Speci a 1 Connector shall retain fu 11 power and authority to provide sewer service to the inhabitants of the Special Connector including the Acquisition, Improvement, operation, and mainte- nance of facilities for the collection of sewage arising within the cor- porate limits or boundaries of the Special Connector. The Special Connec- tor may only provide sewer service outside its corporate limits or bounda- ries to the extent it has the prior appt·oval of the district. Prior to annexation or enlarging of its boundaries by the Special Connector, the Special Connector shall obtain the approval of the District for such an- nexation or enlargement. The District, through its Board, may disapprove such annexation or enlargement if it determines that the Special Connector cannot feasibly be served through the District's facilities. Section 304. Competing SysteM. So long as any bonds or other securities of the District are outstanding, the District shall not grant any franchise o~ license to a competing system, nor shall it permit during said period (except as it may legally be required so to do) the Acquisi- tion or Improvement by th.e Special Connector of sewage treatment or dis- posal facilities which shall increase the capacity thereof; provided, how- ever, that the District may consent to such Acquisition or Improvement and may approve the plans and specifications therefor if the Board determines each of the following: A. Not Economically Feasible. It is not economically feasible for the District to furnish the desired treatment or disposal. ll. Security Not Substantially Impaired. The AcquisHion or Improvement of such facilities or system by the Special Connector or by any other Person within its boundaries shall not substanitally impair the security for the payment of the obligations of the District.· C. Approval Granted by Act. It is not inequitable or unreason- able for the District to grant such consent and approval, pursuant to Sec- tions 32-4-506, 32-4-513, 32-4-514, 32-4-516, and 32-4-538 of the Act. Any such consent however, is subject ·to the pro visions of Sectf on 305 and Section 307 hereof. -13- I • • c • • • .. • Section 305. Construction of Other Se.age Disposal Systl!llls Prohibited. The District shall shall be the exlusive agency for the Ac- quisition and operation of a sewage disposal system for the area served by the District, except as otherwise provided or authorized in this Agreement and in the Act; and no sewage di sposa 1 system or other fac i 1 it i es for the collection, treatment, or disposal of sewage arising within the area served by the District (including any sewage treatment or disposal facili- ties of a Special Connector) shall be Acquired or Improved hereafter which shall increase the capacity thereof unless the District shall give its consent thereto and shall approve the plans and specifications therefor, except for any Acquisition or Improvement of any sewer collection facil i- ties or Sewer System (but not sewage treatment or disposal facilities or sewage disposal system), or any part thereof, owned by the Special Connec- tor at any point above the connection of such collection facilities or Sewer System with the Sewage Disposal System, or any part thereof, of the District, except as herein otherwise provided, including without limita- tion the provisions of Section 406 hereof. The District is empowered by the Act to give such consent and approval, subject, however, to the terms and provisions of any agreement with any holder of securities, including but not limited to the provisions in Section 304 hereof. Section 306. Limitations Upon Consent. Whenever under the terms of this Agreement the District is authorized to give its written consent, the District in its discretion may give or may refuse such writ- ten consent and if given, may restrict, limit, or condition such consent in such manner as it sha 11 deem ad vi sab 1 e. Acceptance by the District into the Sewage Disposal System from the Special Connector of sewage in a vol l.llle or with characteristics exceeding or violating any 1 imit or re- striction provided for by or pursuant to this Agreement in one or more in- stances or under one or more circumstances sha 11 not constitute a waiver of such limit or restriction or of any of the provisions of this Agreement and shall not in any way obligate the District thereafter to accept or to make provision for sewt~ye delivered and discharged into the System in a vo l ume or with characteristics exceeding or violating any such limit or restriction in any other instance or under any other circumstances. Section 307. For. of Consent. Whenever under the terms of this Agreement a Special Connecto r is authorized to give its written consent, such consent may be given and shall be conclusively evidenced by a copy, certified by its Clerk and under its seal, of ·a resolution purporting to have been adopted by its governing body and purporting to give such con- sent. Whenever under the terms of this Agreement the District is author- ized to give its written consent, such consent may be given and shall be conclusively evidenced by a copy, certified by its Secretary and under its seal, of a resolution purporting to have been adopted by the Board and purporting to give such consent. -14- I • • ( • • • • ARTICLE IV DELETERIOUS WASTES Section 401. Additional Definitions. As used in this Agree- ment, the foll o~li ng terms sha 11 mean: A. "Biochemical Oxygen Demand ('BOD')" means the laboratory determination of the quantity of oxygen utilized in the biochemical oxidation of organic matter in a given time and at a specified tem- perature, being expressed in parts per million (ppm) or (mg/liter) of oxygen used in a period of five (5) days at 20°C. B. "Categorical Standards" means Standards as set forth and defined in 40 CFR 403.6. C. "Extra-Jurisdictional Industrial User" means any Industrial User connected to the system of connectors of Municipalities as authorized in Section 303 of the Service Contract. D. "Federal Pretreatment Regulations." All references in this Article to 40 CFR §403 refer to that section included in Title 4.0 Code of Federal Regulations Part 403, Environmental Protection Agency General Pretreatment Regulations as authorized by the Federal Water Pollution Control Act Amendments of 1972 as amended by the Clean Water Act of 1977 (33 U.S. C. 1251 et ~), or said regulations and statutes as may from time to time be amended. E. "Industrial User" means any non-domestic source discharging pollutants into a publicly owned treatment works. F. "Industrial Waste Control" means the regulation by the Dis- trict of non-domestic wastewater di schc1rges by I ndust ria 1 Users and Municipalities. G. "Interference" means the inhibition or disruption of the District's System, its treatment processes or operations or its sludge processes, use or disposal, including those inhibitions or disruptions which cause or contribute to either a violation of any requirements of the District's NPDES Permit, or to the prevention of sewage sludge use or disposal by the District in accordance with any applicable statutory provisions, regulations, guidelines, or permits. H. "pH" means the logarithm of the reciprocal of the hydrogen ion concentration, indicating the intensity scale of acidity and alkalinity expressed in terms of a pH scale running from 0.0 to 14.0 with a pH value of 7.0, the midpoint of the scale, representing exact neutrality and with values above 7.0 indicating alkalinity and those below 7.0, acidity. I. "Pretreatment" means the reduction of the amount of pollu- tants, the elimination of pollutants, or the alteration of the nature -15- :, r I • • ( t ( • • • • of pollutoJ nt p r opertieS in wastewater pr1or to or in 1 ieu of dis- chargi ng or otherw1se introd ucing such pollutants into a publicly owned treatment works, as controlled by Federal Pretreatment Regula- tions. J. "P rogra m" means a progra or the control of wastewater dis- charges from Industrial Users that meets the criteria established under the Federal Pretreatment Regulat1ons and Article IV of the Service Contract. K. "Pollutant" means any dredged spo il , solid waste, incinera- tor residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biolog ical materials, rad i oactive materials, heat, wrecked or discharged equipment, r ock , sand, cellar dirt and industrial, munici- pal, and agric ultu ra l waste discharged into water. L. "Requirement" means any substantive or procedural require- ment imposed on a Municipality, Special Connector, or Industrial User. M, "Standard" means any pollutant discharge limitation or pro- hibition, or any regulation containing such limitations or pro hi bi- tions. N. "Suspended Sol ids ( 'SS' )" means the laboratory determination of dry weight expressed in parts per million (ppm) or (mg/1 iter) of sol ids that either float on the surface or are in suspension in sewage and can be removed from sewage by filtration. 0 . "Tests for Quality" means the measurements, tests, and analyses of the characteri sties of waters and wastes in accordance with the methods contained in the latest edit1on (at the time of any such measurement, test, or analysis) of "Standard Methods for the Examinat i on of Water and Wastewater," a joint publication of tne American Pub li c Health Association, the American Water Works Associa- tion and the Water Pollution Control Federation, or in accordance with any other method prescribed by the District by rules and regula- tions promulgated pursuant to this article. P. "User" means any person who contributes, causes, or permits the contribution of wastewater to a publicly owned treatment works. Section 402. Compliance with Requiren~ents. Each Special Con- nector will cause all sewage at any time discharged directly or indirectly into the System by it or on its behalf to comply with any requirements of the District as permitted by law. In all cases where the application or the enforcement of said requirements and any amendments thereof 1nvolve technical or scientif ic ana ly ses or determinations, the Distr ict shall have final authority as to methods, standards, criteria, significance, evaluation, and interpretation of such analyses and determinat ions . Each Special Connector will permit no new connections and will discontinue existing public connections and will require the discont in uance of exist- ing private connect ions to its Sewer System which allow entrance therein of such sewage as will cause the discharge at any time into the System -16- • I • ( • • • • from s uch Sewe r System of sewa ge th at does not comply with said re quire- ment s of t h e Distri ct. Th e Di str i ct may f rom time to time make a de ter- mi nation of the r espect s in wh ich sew age dis c harged i nto the System by any Spe c ial Conn ect or i s not in compl i ance with sa i d requ i rements and wit h the amendm e nt s th er eof , if any, t hen i n effect. A copy of sa i d determin ati o n sh a ll be ma i led t o the Spec i al Connector at its usual place of business and f or a l l pu r poses of th i s Agreement sha ll be conclusively deeme d to have been ma de in acco r dance wit h th i s art i c l e and to be correct at t he e x p i rat ion o f th i rty (30) days after such mailing unless within sa id pe r i od of th irt y (3 0) days the Special Connector shall have filed with t he Di s tri ct an ob j ection thereto stating that such determination is incorrect and s t at i ng the chan ges therein which should be made i n order to correct su ch determi na tion . Section 403. Place of Compliance. Sewage discharged into t he System by or on beha l f of a Special Connector shall at the point of con- nect i on of its Sewer System with the Sewage Disposa l System comply wi t h t he re q uirements hereinabove designated. Section 404. Modification of Deleterious Wastes Requirements. Th e Di str i ct may from ti me to ti me make any amendments of said requ i re- men t s concerning deleterious wastes wh i ch may be reasonably necessary to prohibit or to regulate properly the delivery or the discharge into the System of any substances which alone or in combination with other suo- stances de li vered a nd discharged into the System from the same source are or may be or may reasonably be expected to be substantially injurious or de l eter i ous to t he System or to its efficient operation. Every such amend me nt s hall ta ke effect as to the Special Connector sixty (60) days a f ter a copy of such amendment shall have been mailed to such Spec i a 1 Connector at its usua l pl ace of business; and for all purposes of this Agreement such amendm ent shall be conclusively deemed to have been made in accorda nce with this article and to be authorized fully thereby at the expiration of said period of sixty (60) days unless with i n said period of sixty ( 60) days the Special Connector shall have filed with the Di strict an objection thereto stating that such amendment would contravene this Agreement i n a manner pre j udicia l to the Special Connector and stating the manner i n wh i ch such amendment would so contravene this Agreement. Any controversy or claim i nvolv i ng a Special Connector which shall hav e so filed an ob j ection to any such amend ment and arising out of or relating to the mak i ng of such amendme nt or the breach of any requirement prov i ded by such amend ment shal l be r eferred to the Colorado Departmen t o f Hea l th whose dec i s ion in the ma tte r s h a ll be b ind i ng on a ll parti es. Section 405. Determi nat i on of Quantity, Qual i ty, and Character- istics of Sewage. The District may use me t er s f or determi n ing th e qu a nti- ty and will make tests and will use other mea ns f o r dete rmi n ing the qual- ity and other characteristics of all sewage which sh a ll be d eliv e r ed and di s charged into the System by a Special Conn ector and in acco r danc e with sound engineering pract1ce shall determine such qu ant i t y , q ua lity , and any other characteristics. A copy of each such de t e rmi na ti o n made by the District with respect to each Fiscal Year s hall be ma iled to t he Special Connector at i t s usual place of busine ss and for all purpo ses of this Agreement shall be conclusively deemed t o have been made i n a ccordance with this section and to be correct at the e x p irat i on of sixty ( 60) days -17- • I • • • • • after su ch 111ailing unless wit hin said period of sixty (60) days the Spe- ci al Connector shall have filed with the District an objection thereto stat 1 ng that such dete rmi nat io n is incorrect and stating the changes therein which shou ld oe made in order to correct such determination. Fro m and after the placing of the System in operation, the Di strict will make and will keep permanent records of the quantity, quality, and other char- acteri stics of sewage delivered and discharged into the system by the Special Conn ector. For the purpose of determining the quantity, quality, and other characteristics of any sewage which shall be or may be delivered a nd discharged into the System by a Municipality, the District shall have t he right at all reasonable times to enter upon and to inspect the Sewer System of the Speci al Connector or any industrial or cor11nercial installa- tions connected thereto or any other connections which contribute sewage or wastes to the local Sewer System and to take normal samples under ordi- nary operating conditions and to make tests, measurements, and analyses of sewage or other wastes in, entering, or to be discharged into such Sewer System. The Distri ct will make and will keep a record of tests, measure- ments, and ana lyses of such sewage or other wastes entering such Sewer Systems, and there shall be forwarded to the Special Connector the results of such tests, me asurements, and analyses appertaining thereto. Section 406. Storm Waters. Subject to the provisions of Sec- tion 301 hereof, the Spec i a 1 Connector sha 11 not make or permit any con- nection to or extension of its Sewer System which is so des igned as to permit entrance directly or indirectly into the Sewage Disposal System of storm water drainage from ground surface, roof leaders, catch basins, or any other source. Section 407. Prohibited Sewage and Wastes. A. General Discharge Prohibitions. None of the following de- sc ri bed sewage, water, substances, materials or wastes shall be discharged into the District's System; and also each governing body of each Special Connector shall prohibit and shall prevent such discharges by any User, either directly or indirectly, in to its Sewer System: 1. Any liquids, sol id s or gases which by reason of their nature or quantity are, or may be, sufficient either alone or by interaction with other substances to cause fire or explosion or be injurious in any other way to the District's System, the Sewer System of a Special Connector or any of its connectors, or to the operation of the Dis- trict. At no time shall two successive readings on an explosion hazard meter, at the point of discharge into the District's System or the Sewer System of the Special Connector or any of its connectors (or at any point in the Systems), be more than five percent (5~) nor any single reading over ten percent (10~) of the Lower Explosive Limit (LEL) of the meter. Prohibited materials include, but are not 1 imi ted to, gasoline, kerosene, naphtha, benzene, to 1 uene, xylene, ethers, alcohols, ketones, aldehydes, perox i des, chlorates, perchlor- ates, bromates, carbides, hydr i des, and sulfides. 2. Any solid or viscous material which could cause an obstruc- tion to flow in the sewers or in any way could interfere with the treatment process, including as examples of such materials but with- out limiting the generalit~ of the foregoing, significant proport i ons -18- • I • • - ( • • • • of ashes, wax, paraffin, cinders, sand, mud, straw, shavings, metal, glass, rags, lint, feathers, tars, plastics, wood and sawdust, paunch manure, hair and fleshings, entrails, lime slurries, beer and distil- lery slop>, grain processing wastes, grinding compounds, acetylene generation s l udge, chemical residues, acid residues, food processing bulk solids, snow, ice, and all other solid objects, material, re- fuse, and debris nor normally contained in sanitary sewage. 3. Any wastewater having a pH less than 5.0 for discharges into the Sewer System of the Special Connector or that of any of its con- nectors, or less than 6.0 or greater than 9.0 for discharges into the District's System, or wastewater having any other corrosive property capable of causing damage or hazard to any part of the District's system or the Sewage System of the Special Connector or any of its connectors, or to personnel, 4. Any wastewater having a temperature which will inhibit biological activity at the District's treatment plant, but in no case wastewater containing heat in such amounts that the temperature at the introduction into the District's treatment plant exceeds 40°C {104°F). 5. Any pollutants, including oxygen demanding pollutants (BOD, etc.) released at a flow rate and/or pollutant concentration which will cause interference with the operations or processes of the District. In no case shall a slug load have a flow rate or contain concentrations or qualities of pollutants that exceed for any time period longer than fifteen (15) minutes more than five {5) times the average twenty-four {24) hour concentration, quantities, or flow during normal operation. 6. Any water or wastes containing a toxic substance in suffici- ent quantity, either singly or by interaction with other substances, to injure or interfere with any sewage treatment process, to consti- tute a hazard to humans or to animals, or to create any hazard in the waters which receive the treated or untreated sewage. B. Specific Discharge Limitations, The District shall estab- lish in its Rules and Regulations, and may from time to time amend, speci- fic limitations governing the discharge of pollutants into the System, and into the Sewer System of the Spec ia 1 connector. By this reference, such limitations are herein in corporated, Section 408. General Requira.ents Regarding Deleterious Wlstes. None of the following described sewage, water, substances, materials or wastes shall be discharged into the District's System; and also the gov- erning body of the Special Connector shall prohibit and shall prevent any discharges from any outlet into its Sewer System, if such discharges cause or significantly contribute to a violation of any of the requirements con-tained herein: A. Sewage of such a nature and delivered at such a rate as to impair the hydraulic capacity of the System, normal and reasonable wear and usage excepted; -19- • I • l • • • • B. Sewage of such quantity, quality, or other nature as to im pa i r the strength or the durability of the sewer structures, equipment o r trea tm ent ~10rks, eit her by chemical or by mechanica l action; C. Sewage having a flash point lower than 187°F, as determined by the Tagliabue (Tag.) close cup method; D. Any radioactive substance, unless the District shall have given written consent to its discharge; E. Any garbage other than that received directly into the Sewer System of the Special Connector from domestic and C0111nercial garbage grinders in dwellings, restaurants, hotels, stores, and institutions, by which such garbage has been shredded to such a degree that all particles will be carried freely under flow conditions normally prevailing in public sewers with no particle greater than one-half (1/2) inch in any dimension; F. Any night soil or septic tank pumpage, except by permit in writ i ng from the District at such points and under such conditions as the District may stipulate in each permit; G. Sludge or other material from sewage or industrial waste treatment plants or from water treatment plants, except such sludge, t~e discharge of which to the System shall be governed by the provisions of this Agreement herein set forth or as otherwise authorized by the Dis- trict; H. Water which has been used for cooling or heat transfer pur- poses without reci rcul at ion, discharged from any system of condensation, air conditioning, refrigeration, or similar use; I. Water ace umu 1 a ted in excavations or accumu 1 a ted as the re- sult of grading, water taken from the ground by well points, or any other drainage associated with construction; J. Any water or wastes containing grease or oil or other sub- stances that wi 11 solidify or become discernably viscous at temperatures between 32°F and 150°; K. Any wastes that contain a corrosive, noxious, or malodorous material or substance which, either singly or by reaction with other wastes, is capable of causing damage to the System or to any part thereof, of creating a public nuisance or haza~d, or of preventing entry into the sewers for maintenance and repair; L. Any wastes that contain concentrated dye wastes or other wastes that are e i ther hi ghly colored or could become highly coloreo by reacting with any other wastes, except by permission of t h e District; M. Any wastes which are unusual in composition, i.e ., conta in an extremely large amount of suspended solids or ROD; are high in dis- solved solids such as sodium chloride, calcium c hloride, or sol i um sul - fate; contain substances conducive to creating tastes or odors in dr i nking water supplies; otherwise make such waters unpalatable even after conven- tional water purification treatment; or are in any other way extremely -20- • I • • - l • ( • • • • unusual unless the District determines that such wastes may be admitted to the System or shall be modified or treated before being so admitted; N. Any substance which may cause the District's effluent or any other product of the District such as residues, sludges or scums, to be unsuitable for reclamation and reuse or to interfere with the reclamation process . In no case shall a substance discharged to the System cause the Di strict to be in non-compliance with sludge use or disposal criteria, guidelines or regulations developed under Section 405 of the Federal Water Pollution Control Act; any criteria, guidelines, or regulations affecting sludge use or disposal developed pursuant to the Sol ids Waste Disposal Act, the Clean Air Act, the Toxic Substances Control Act, or State crite- ria applicable to the sludge management method being used; 0. Any substance which may cause the District to viol ate its National Pollutant Discharge Elimination System (NPOES) Permit or the receiving water quality standards. Section 409. Pretreatment/Industrial Waste Control Program. A. Program Requirements: 1. All Municipalities and Special Connectors are required to design and administer Pretreatment/Industrial Waste Control Progra1ns which are in accordance with this Article IV, and which will enable the District to comply with all Pretreatment and effluent limitation conditions of its National Pollutant Discharge Elimination System (NPDES) Permit and applicable sludge disposal regulations. 2. The Special Connector will enact and enforce an ordinance or resolution which conforms to 40 CFR §403.8( f) ( 1) Pretreatment Program Requirements, as from time to time amended, for legal authority and containing all other legal provisions mandated by this Agreement, The Special Connector shall formulate, fund, and implement procedures which will enable compliance with the "Procedures" and "Funding" requirements conta in ed in 40 CFR §403,8(f)(2) and (3) of the Federal Pretreatment Regulat i ons. 3, The Special Connector shall adopt and enforce in its ordi- nance or resolution provisions which are in conformance to the fol- lowing provisions: (a) A provision requiring any Industrial User responsible for a significant accidental or unusual discharge to notify immediately both the Special Connector and the District. (b) A provision precluding, except where authorized by Categorical Standards, the use of dilution to attain conformance to Pretreatment/Industrial Waste Control Standards, and author- izing the Special Connector to set mass limitations for any Industrial User using impr oper dilution. (c) A provision forb i dding and, where possible, penalizing the knowing transmittal of false information by an Industrial User to the Special Connector or District, -21- • I • • ( • • • • (d) A prov1s1on requ1r1ng the installation of all necessary monitoring and Pretreatment facilities by Industrial Users. (e) For a City Special Connector, a provision applying ci v- i 1 or criminal penal ties against Industrial Users which viol ate Pretreatment/Industrial Waste Control Standards and Require- ments, For a Special District Special Connector, a provision for contractual terms providi ng for 1 iquidated damages to be assessed against Industrial Users which violate Pretreatment/In- dustrial Waste Control Standards and Requirements. Where possi- ble, such penalties and 1 iquidated damages shall be set at a level determined by the District to provide a reasonable degree of deterrence to violations. (f) A provision adopting discharge limitations for Users at least as stringent as the corresponding limitations in Section 407 of this Agreement and Section 7 of the Rules and Regula-tions. (g) A provision requiring that Industrial Users agree to act and allow the District to act. as provided under the provi-·~. sions of this Article IV. (h) A provision requiring that any User discharging ariy toxic pollutants which cause an increase in the cost of managing the effluent or the s 1 udge of the District's treatment works shall pay for such increased costs. 4. The District shall consult and cooperate with the Special Connector in determining the need for enacting any supplemental amendments to the ordinance or resolution which are necessary to ensure the effective admi ni strati on of the Pretreatment/lndustri a 1 Waste Control Program. The District may provide guidance to the Spe- cial Connector on all pertinent matters, including, but not limited to, Special Connector user fee systems, Special Connector permit systems and Special Connector administrative proceedings and hearings to determine the nature and extent of Industrial User violations. B. Dilution Prohibited, Except where permitted by Categorical Standards, no Industrial User may use dilution of a discharge as a partial or camp 1 ete substitute for adequate treatment to attain camp 1 i ance with Pretreatment/Industrial Waste Control Standards, The District may set or require a Special Connector to set mass limitations for those Industrial Users which are using improper dilution to meet a Pretreatment/Industrial Waste Control Standard, C. Accidental or Unusual Discharge. An Industrial User shall 1nwnediately notify the District and the Special Connector in which it is located of any industrial waste discharge which may disrupt System treat- ment processes or operations, damage System facilities, cause a NPDES Per- mit violation at the District's treatment plant or degrade sludge quality excessively, or which differs significantly in quantity or quality from discharges under normal operations. -22- • I • • - ( • • • • D. Categorical Standards. 1. Once promulgated, Categorical Standards for a particular industrial subcategory, if more stringent, shall supersede all con- flicting discharge limitations contained in or issued pursuant to the Article IV, as they apply to that industrial subcategory. The Dis- trict shall notify all affected Special Connectors of pertinent 40 CFR §403.12 reporting requirements. 2. The District sha 11 make the fi na 1 determination, subject only to 40 CFR §403.6 federal or state review, as to whether a par- ticular Industrial User is subject to a particular Categorical Stand- ard. The District may require that the Special Connector collect and forward to the District all information necessary to make this deter-mination. E. Significant Industrial Users. 1. The Speci a 1 Connector sha 11 contra 1, through permit, con- tract or simi 1 ar means, industrial waste discharges within its serv- ice area. 2. A Significant Industrial User is defined as any Industrial User which discharges wastewater ( i) at a rate of flow greater than 25,000 gallons per average work day, (ii) containing toxic pollutants as defined pursuant to Section 307 of the Clean Water Act, 33 U.S.C. 1251 et seq., (iii) determined by the District, the Colorado Depart- ment of Health or the u.s. Environmental Protection Agency to have a significant impact, either singly or in conjunction with other indus- trial wastewater, on the Sewage Disposal System, sludge quality, System effluent quality or air quality. 3. The District shall make the final determination as to whether a particular Industrial User is a Significant Industrial User. To this end, the District may require that a Special Connector collect and forward to the District all information necessary to make this determination. F. Requirements for Information Transmittal. The Special Con- nector shall file with the District a certified copy of (i) its industrial waste discharge ordinance or resolution, and any amendments thereto, and (ii) each industrial waste permit or contract issued pursuant to the ordi- nance or reso 1 uti on. Also, the Spec i a 1 Connector sha 11 de 1 i ver to the District in a timely fashion copies of · all industrial monitoring reports, including 40 CFR 403.12 compl lance reports. This records requirement shall apply both to self-monitoring conducted by industrial waste dis- chargers in accordance with federal, state, District, or local require- ments, and to compliance monitoring by each Special Connector. G. Program Delegation and Guidance. 1. ;>rogram Delegation. The Special Connector may enter into an agreement with the District providing the District with the legal authority to carry out technical and administrative procedures neces- sary to imp 1 ement the Pretreatment/lndustri a 1 Waste Contra 1 Program -23- • I • • ( • • • - at the local level. These procedures may include, among others, updating the industrial waste survey, providing technical services, such as process chemical analysis and engineering advice, relating to the issuance and review of industrial waste discharge permits, in- specting and monitoring industrial waste discharges, waste discharge facilities and operations of permittees, and providing technical assistance for local enforcement actions. Where Program delegation occurs, the District shall bill the Special Connector for the costs incurred by the District in conjunction with the aam1nistration of the Program on behalf of the Special Connector. 2. Program Guidance. The District shall issue Rules and Regu- 1 at ions and guidelines to assist and to evaluate the performance of the Special Connector which chooses to administer, wholly or partly, the Pretreatment/ Industrial Waste Control Program on behalf of the District. These Rules and Regulations and guidelines shall be bind- ing on the Special Connector and admissible as evidence in any admin- istrative or legal proceeding intended to determine whether the Special Connector has executed its Program Responsibilities in sub- stantial conformance to Federal Pretreatment Regulations and the requirements of this Agreement. H. Program Review. The District shall review Special Connector ordinances and amendments thereof for conformance to 40 CFR §403.8(f)(l) Pretreatment Requirements for minimum 1 egal authorities and for the in- clusion of all other legal provisions mandated by this Agreement. The District shall periodically review the enforcement efforts of Special Connectors to ascertain whether Pretreatment/Industrial Waste Control Re- quirements and Standards are being diligently enforcea at the local level. Insofar as the Special Connector administers the Pretreatment/ Industrial Waste Control Program, the District shall periodically review the Special Connector's procedures, including, but not limited to, proce- dures for updating the industrial waste survey, and for inspecting, sam- piing, and monitoring industrial waste discharges, to ensure that each such Special Connector is administering the Program in technical conform- ance to "Procedures" and "Funding" requirements under 40 CFR 403.8(f) (2) and (3) of the Federal Pretreatment Regulations and to the provisions of this Agreement. Any significant Program changes shall be subject to Distr ict approval. I. Remedies. 1. Emergency Remedies. Where a discharge to the System reason- ably appears to present an imminent endangerment to the he a 1 th or welfare of persons, or presents or may present an endangerment to the environment, or threatens to interfere with the operation of the District , the District shall immediately initiate investigative pro- cedures to identify the source of the discharge, and take any steps necessary to ha 1t or prevent the discharge. If necessary, the District shall seek injunctive relief against the violating Special Connector and any Industrial User contributing significantly to the emergency condition. -24- • I • • - • • • • 2. Routine Remedies. If the Distr ict determines that a Pre- treatment/Industrial Waste Control Program as admini stered by the Special Connector is not in compliance with Pret reatment/Ind ustrial Haste Control Re quirements , or that the discharge from a Special Con- nector is not in compliance with District Standards, the District shall i ssue a notice setting forth the Requirements and Standards not being complied with and direc t ing the Special Connector to attain conformance to these Requirements an d Standards within a period of ten (lD) days. If after ten (1D) days, the Special Connector has failed or re- fuses to comply with this notice, the District rnay issue an addi- tional notice setting f orth remedial actions to be taken by the vio- l ating Special Connector and a time schedule for attaining compliance ~lith all Pretreatment/Industrial Waste Control Requirements and Standards. If after thirty (30) days notice, the violating Special Con nector has not taken necessary steps to correct the violation, the Dis tr i ct may assume in whole or in part Pretreatment/Industrial Waste Control Program responsibilit i es in 1 ieu of the violating Special Conn ector. The District may cont i nue i n this capacity until the v i o- lating Spec i a 1 Connector agrees to the ori gina 1 terms of the notice and any additional terms which the District feels are necessary to ensure ongo ing compliance by the Special Connector with all Pretreat- ment/Indu str ial Waste Control Requirements and Standards. · J. Program Preempt i on. Where the District preempts the Special connector in t he execution of Pretreatment/Industrial Waste Control Pro- gram responsib iliti es, the District shall directly enforce Federal Pre- treatment Standards, inc 1 ud i ng Categori ca 1 Standards, and the prov is i ens of Article IV of this Serv ic e Contract against the Industrial Users 1 ocated within the service area of the Special Connector. The District may request that all indu stria l self-monitoring reports, including those required under 40 CFR §403.12, be conveyed directly to the District. Moreover, the Di str ict shall carry out all inspection and sampling act i vi- ties necessary to monitor compliance with Pretreatment/Industrial Waste Control Standards and Requirements. Where Program preemption occurs, the Distr ict sha ll have the right to seek inju nctive relief against the Spe- cial Connector and any Industrial User in order to obtain full compliance with Pretreatment/Industrial Waste Control Standards and Requirements. The District shall bill the Special Connector for costs incurred by the District in conjunction with the administration of the Program in lieu of the Special Connector. The District shall have the · right to require the cessation of any industrial wastewater discharge in violation of Pretreatment/Industri- al Waste Control Standards and Requ1rements. Where the District finds an Industrial User to be in violation of any Pretreatment/Industrial Waste Control Standard or Requirement, the llistrict may require the Industrial User to enter into a bilateral contract with the District containing any conditions, including conditions relating to the installment of pretreat- ment or monitoring facilities, necessary to ensure compl lance with Pre- treatment/Industrial Waste Control Standards and Requirements. At the discretion of the District, these conditions may be incorporated into the Special Connector industrial waste discharge permit or contract once Program responsibilities are returned to the Special Connector . -25- • I • ( • • • • 2. Routine Remedies. If the District determines that a Pre- treatment/Industrial Waste Control Program as administered by the Special Connector is not in compliance with Pretreatment/Industrial Haste Control Requirements, or that the discharge from a Special Con- nector is not in compliance with District Standards, the District sha 11 issue a notice setting forth the Requirements and Standards not being complied with and directing the Special Connector to attain conformance to these Requirements and Standards within a period of ten (lD) days. If after ten (10} days, the Special Connector has failed or re- fuses to comply with this notice, the District may issue an addi- tional notice setting forth remedial actions to be taken by the vio- lating Special Connector and a time schedule for attaining compliance with all Pretreatment/Industrial Waste Control Requirements and Standards. If after thirty (30} days notice, the violating Special Connector has not taken necessary steps to correct the violation, the District may assume in whole or in part Pretreatment/Industrial Waste Control Program responsibilities in 1 ieu of the violating Special Connector. The District may continue in this capacity until the vio- lating Special Connector agrees to the original terms of the notice and any additional terms which the District feels are necessary to ensure ongoing compliance by the Special Connector with all Pretreat- ment/Industrial Waste Control Requirements and Standards, 0 J. Program Preemption, Where the District preempts the Special connector in the execution of Pretreatment/Industrial Waste Control Pro- gram responsibilities, the District shall directly enforce Federal Pre- treatment Standards, including Categorical Standards, and the provisions of Article IV of this Service Contract against the Industrial Users located within the service area of the Special Connector. The District may request that all industrial self-monitoring reports, including those required under 40 CFR §403.12, be conveyed directly to the District. Moreover, the District shall carry out all inspection and sampling activi- ties necessary to monitor compliance with Pretreatment/Industrial Waste Control Standards and Requirements. Where Program preemption occurs, the District shall have the right to seek injunctive relief against the Spe- cial Connector and any Industrial User in order to obtain full campi iance with Pretreatment/Industrial Waste Control Standards and Requirements. The District shall bill the Special Connector for costs incurred by the District in conjunction with the administration of the Program in lieu of the Special Connector. The District shall have the 0 right to require the cessation of any industrial wastewater discharge in violation of Pretreatment/Industri- al Waste Control Standards and Requirements. Where the District finds an Industrial User to be in violation of any Pretreatment/Industrial Waste Control Standard or Requirement, the District may require the Industrial User to enter into a bilateral contract with the District containing any conditions, including conditions relating to the installment of pretreat- ment or monitoring facilities, necessary to ensure compliance with Pre- treatment/Industrial Waste Control Standards and Requirements. At the discretion of the District, these conditions may be incorporated into the Special Connector industrial waste discharge permit or contract once Program responsibilities are returned to the Special Connector, -25- • I • - • • • • K. Extra-Jurisdictional Industrial Users. The Special Connec- tor shall have the responsibility for those Industrial Users located out- side its corporate 1 imits, who discharge industrial wastewater into the Sewer System of the Special Connector, Each extra-jurisdictional Indus- trial User shall be subject to an ordinance, resolution or equivalent source of legal authority which contains 40 CFR §403.8(f)(l) minimum legal authorities and all other legal provisions mandated by this Service Con- tract. Each extra-jurisdictional Industrial User shall also be included in a Pretreatment Program which substantially conforms to 40 CFR §403.8- (f) (2) and (3) "Program" and "Funding" requirements. To this end, the Spec i a 1 Connector shall make contractua 1 arrangements with the extra- jurisdictional legal entity exercising powers over the Industrial User providing either for the inclusion of the Industrial User in the Dis- trict's Pretreatment/Industrial Waste Control Program, or for formal review of a Pretreatment Program administered by the extra-jurisdicitonal legal entity, Where necessary to obtain compliance with Federal Pretreat- ment Regulations, the Special Connector shall enter into a separate contract with each extra-jurisdictional Industrial User discharging into its Sewer System. The Special Connector shall also secure by contract, as it ap- plies to extra-jurisdictional Industrial Users, for each of the following District rights: (i) the right to inspect, sample, and monitor Industrial Users, (i i) the right to terminate service to an Industrial User on an emergency basis, (iii) the right to determine the applicability of Cate- gorical Standards and to determine Significant Industrial Users, (iv) the right to receive copies of all monitoring reports, (v) the right to ex- plore all Article IV discharge limitations, and (vi) the right to act in 1 ieu of the Special Connector in executing Pretreatment/Industrial Waste Control Program responsibilities, Where the Special Connector and extra-jurisdictional legal enti- ty fail to execute their Program responsibilities in obtaining compliance by extra-jurisdictional Industrial Users with all applicable Pretreatment- / Industrial Waste Control Standards and Requirements, the District shall have full recourse to the remedy provisions of this Service Contract as they apply to the Special Connector receiving the industrial waste dis-charge in question. L. Exemptions. The Special Connector administering a Pretreat- ment Program, separate from that of the District, which has been approved by the Regional Administrator of EPA or the Director of the Water Quality Control Division of the Colorado Department of Health i n accordance with 40 CFR §403.11 of the Federal Pretreatment Regulations, may be exempted from compliance with certain provisions of this Sect i on 411, as determined by the District. -26- • I • • • • • - ARTICLE V DISTRICT BUDGET, ANNUAL CHARGES, SERVICE CHARGES AND THEIR ESTABLISHMENT AND COLLECTION Section 501. Annual Budget. A. Preparation of Preliminary Budget. The District shall pre- pare annually a preliminary budget, including therein, but not limited to, Operation and Maintenance Expenses, Debt Service, provision for required and reasonable reserves, and any provision for capital expenditures for the ensuing Fiscal Year. Every preliminary budget and every Annual Budget shall also set forth a statement of the sources of funds to be avail ab 1 e to defray such expenditures, including without limitation the Annual Charge to be paid by each Municipality and Special Connector. B. Hearing on Preliminary Budget. The District shall hold a public hearing not less than seven (7) months before the beginning of any Fiscal Year, at which any holder of any security issued by the District or any Municipality may appear in person or by agent or attorney and may present any object ion s he may have to the final adoption of the budget for such Fiscal Year. Notice of the time and place of such hearing shall be published at least once in a newspaper at least ten (10) days before such hearing, and the District sha ll at least ten (10) days before such hearing cause a copy of such notice and a copy of the preliminary budget to be mailed to the Special Connector. C. Adoption of Annua l Sud et. 0 or before the first day of August next preceding each Fisca l ar, t e Olstr i ct shall finally adopt the Annual Budget for such nex succe d 1ng Fisca Year. D. Quasi-Annual Budget. I or any reason the District shall not have adopted the Annual Budget o or before the first day of August next preceding any Fi sea 1 Year, t e prel 111 nary budget for such year or otherwise the budget for the preced 1 ng F1Sca l Year sha 11 be deemed to be in effect for such Fiscal Year unt 1l the Annua l Budget for such Fiscal Year is adopted. E. Amendment of Annual Budget. The District may at any time adopt an amended Annual Budget for the then current Fiscal Year. Section 50Z. Li•itations on Operation and Maintenance Ex- penses. The District shall not incur Operation and Maintenance Expenses in any year in excess of the reasonable and necessary amount thereof. The District shall not expend any amount and shall not incur any indebtedness for maintenance, repair, and operation in excess of the aggregate amount provided for Operation and Maintenance Expenses in the Annual Budget (if any) then in effect, subject to the provisions of paragraph E of Section 501 hereof. Nothing in this Section 502 hereof contained shall lirnit the amount which the District may expend for Operation and Maintenance Ex- penses in any Fiscal Year, provided any amounts expended therefor in ex- cess of the Annual Budget (if any) shall be received by the District from -27- • .. I • • • • • • some source other than the income of the System; and the Di str ict shall not make or receive any reimbursement therefor out of such income, ex cept to the extent the Board may determine to use any moneys in any reserve · ... fund or sinking fund available therefor. Section 503. levy, Collection, and Calculation of Annual Charges. With respect to all sewage delivered into the System and for all direct or indirect connection with and all use and services of the System, except for any Service Charges appertaining only to any Interceptors, the District shall make, impose and collect Annual Charges in accordance with this Agreement, as the same may be amended or otherwise supplemented from time to time by contract. Service Charges appertaining to the Intercep- tors may be fixed and co 11 ected by the District whenever the Board so determines; provided, however, that no Service Charges shall be fixed after the Board has fixed any Annual Charges hereunder. Classification for charges shall be reasonable. The charges shall be uniform within classification and shall be based upon the amount and quality of sewage de 1 i vered into the System and for all direct and indirect connection with and all use and services of the System, except for minimum charges, charges for the avai 1 ability of service or readiness to serve by the System, reasonable penalties for delinquencies, including interest thereon from any date due at a rate of one and one-half per centum (1 1/2%) per month (or fraction thereof), reasonable attorneys' fees, and other costs of collection. In conformity with the Service Contract and with the Ac"t, the District may revise the method for the allocation of the Annual Charges or the method of the determination of rates, as provided in Sched- ule B hereof. Said rates shall at all times be calculated and prescribed and from time to time revised, and such Annu~l Charges shall be computed, made, imposed, and collected so that the income of the System collected, except for any Cost of the Project capitalized with the proceeds of bonds or other securities of the District, except for any Service Charges apper- taining only to Interceptors, and except for any other moneys available therefor ( i ncl udi ng any proceeds to the District of use and occupancy insurance), will be at least sufficient: A. To pay at all times all Operation and Maintenance Expenses and at the end of each Fisc a 1 Year to rna i nta in therefor reserve require-ments; B. To provide in each Fiscal Year a sum equal to the Debt Serv- ice for the Bond Year C0111Ttencing in such Fiscal Year computed as of the beginning of such Bond Year; c. To provide at all times for any deficits of the District resulting from failure to receive any Annual Charges or any sums payable to the District by any Special Connector or from any other cause; D. To provide at all times such sums for reserves and for sink- ing funds as may be fixed by the Service Contract or other contract of the District or as may be otherwise determined from time to time by the l3oard (subject to any existing contractual limitations); E. To provide moneys required by any contract of the District or otherwise for any capital expenditure, including without 1 imitation -28- • I • ( • • • • Acquisitions, Improvements, Extensions, and Alterations, or any other pur- pose authorized by the Act (not hereinabove provided) and as so determined by the Board; and F. To comply at all times in all respects with the terms and the provisions of any resolution of the Board and of the Act and to pay and to discharge all other charges or liens payable out of the income of t he System when due and enforceable. Section 504. Compliance with Service Contract and Enforcement of Annual Charges. Annual Charges shall at all times be fixed and col- lected so that the District can pay without default any obligation thereof for which provision has not otherwise been made. The District shall not release the obligations of the Special Connector under this Agreement or other Agreements as from time to time amended or otherwise supp 1 emented, sha 11 take all reasonab 1 e measures permitted by this Agreement or by the Act or otherwise by law, including but not 1 imited to the enforcement measures stated in Section 61D hereof, to enforce prompt payment to it of all Annual Charges. The District shall at all times (to the extent per- mitted by the Act or otherwise permitted by law) defend, enforce, pre- serve, and protect the rights, benefits, and privileges of the District and of any holder of any bond or other security of the District under or with respect to this Special Connectors Agreement. Section 505. Annual Charges in lieu of Service Charges. The Annual Charges payable by the Special Connector to the District under the provisions of this Agreement (in the absence of any modification to the contrary hereafter by contract) are and shall be in lieu of Service Charges with regard to the Sewer System of such Special Connector and to real property connected to the Sewer System of the Special Connector. Section 506. Methods for Allocation of Annual Charges and Determination of Rates. The Annual Charges shall be allocated and rates sha 11 be determined as provided in the method for the allocation of the Annua 1 Charges and the method for the determination of rates, attached hereto and marked "Schedule B," and by this reference made a part hereof. The unit charges applicable with respect to sewage delivered and dis- charged into the System by any Municipalities or Special Connectors shall be at all times uniform as to all Municipalities and Special Connectors for the same type, class, and amount of use or service of the System and shall give effect to quantity and quality differentials in substantially the proportions reflected by said methods and shall not be more favorable to any Municipality or Special Connector than the unit charges applicable with respect to sewage so delivered an ·d discharged by any other Municipal- ity or Spec i a l Connector. Section 507. Sewer Connection Charge. In addition to other Annual or Service Charges, the District shall impose and collect Sewer Connection Charges i n accordance with the Service Contract and Schedule C attached hereto, as the same may be amended or otherwise supplemented from time to time by the Board, for each new or altered connection to a sani- tary sewer or sewer drainage system served by the District. The Sewer Connection Charge shall be assessed to the Special Connector (includ i ng the charges for the i r connectors and others) on the basis of the nu mber o f -29- I • • ( ( • • • • new or alterf:!d "single family residential equivalent" connections to a Sewer System which is directly or indirectly served by the District Sys- tem. It shall be the responsibility of the Special Connector to ,,ffir m and report the number of new or altered "single family residential equiva- lent" connections to the District. The Sewer Connection Charge for each new or altered "single family residential equivalent" shall be determined annually as provided in "Schedule C." Subject to the 9-1-77, the 11-1-82 and the 5-1-82 Bond Resolu- tions and the proceedings authorizing the issuance of obligations of the District which may hereafter be issued, Sewer Connection Charges will be assigned to the payment of annual principal and interest {debt service) on obligations of the District, as authorized by the voters of the District in the 1981 Bond Election, and obligations hereafter issued to finance other growth-related projects as may from time to time be determined by the Ro ard of Directors. To the extent that receipts from Sewer Connection Charges exceed those required for such annual debt service, Sewer Connection Charges may be used, subject to such resolutions and other proceedings, to fund debt service bond reserves or to fund future capital construction projects related to growth, The number of new or altered "single family residential equiVa- 1 ent" connections assessed for each new or altered individual connection to the District System shall be determined in accordance with Schedule c. The Sewer Connection Charges and the admini strat ion thereof as provided in Schedule C shall be reviewed annually and may be changed by Resolution duly enacted by action of the Board of Directors, without addi- tional amendment to this Special Connectors Agreem ent. Section 508. Definition of New Connection and Altered Connec- tion. For the purposes of this Agreement and all Rules and Regulations related thereto issued by the District, a "new connection" shall mean the physical attachment of a new sewer line to the sewer system serving a dwelling or building. An "altered connection" shall mean any building or premise that is reconstructed or upgraded, and either increases the number of single family 1 iving units resulting in added flows or insta l ls a larger water service tap at the existing location. Such building or prem- Ise shall be required to pay a Sewer Connection Charge for the addit i ona l 1 iving units cr increased water service tap size. A building or premise that is demolished and rebuilt shall receive a credit for the pre-ex i st i ng nLITlber of single family 1 iving units if reconstructed as a resident i al dwelling or a credit for the previouus water service tap size if recon- structed as a non-residential building at the same site. Section 509. Applications of Sections 507 and 508. Sections 507 and 508 of this Article shall not be construed to affect any rights to a sewer tap or permit which existed before January 1, 191!2, nor to make a Special Connector liable to the District for Sewer Connection Charges for connection to the Sewer System of the Special Connector which were paid for or collected before such date. -30- I • • ( • • • .. - ARTICLE VI PAYMENT BY SPECIAL CONNECTORS Section 601. Special Connector's Duty to Pay Charges. The Special Connector will pay to the District any Service Charges and the Annual Charges due therefrom to the District and relating to the System, as herein provided and pursuant to the Act. Section 602. Certification of Estimated Charges. On or before the first day of September next preceding each Fi seal Year, the District shall make and deliver to the Special Connector subject to the payment to the District of any Service Charge or any Annual Charge fixed thereby for such Fiscal Year, the District's certificate stating the estimated amount of the Charge. Such Charges in the aggregate as so certified in any cal- endar year by the District to the Municipalities and Special Connectors shall be sufficient to pay the amounts estimated to be needed by the Ols- trict from Charges in the next following Fiscal Year as shown in the An- nual Budget therefor. Any such certificate may adjust for the Fiscal Year in which that certificate is rendered, regardless of any other adjustment theretofore or thereafter made, the estimated Charge previously so certi- fied to the Special Connector. Each such adjustment sha 11 be based u'pon revised estimates resulting from the operation and maintenance of the System by the District for a portion of the current Fi sea 1 Year prior to the date of any such adjusted estimate. Section 603. Preliminaries to Payment by Special Connectors. Each Special Connector, after the receipt of each such certificate, shall make all budgetary and other provisions or appropriations necessary to provide for and to authorize the payment by the Special Connector to the District of the Charge for the next following Fiscal Year as the Charge becomes due and payable, subject to any debit or credit resulting from any such adjusted estimate of any prior Charge and from any final adjustment of any such Charge, as hereinbefore and hereafter provided. Section 604. Time of PaJIIent by Special Connector. Each Spe- cial Connector will pay to the District in each Fiscal Year the estimated Charge for that year in four (4) substantially equal quarterly install- ments, payable on or before the 15th days of March, June, September, and December in the Fi scal Year, subject to any debit or credit not thereto- fore made and resulting from any adjusted estimate or final adjustment of any Charge for any previous Fiscal Year. Section 605. Final Adjustment of Each Charge. The Charge fixed or im posed against the Special Connector for each Fiscal Year shall be finally adjusted in amount, regardless of whether the original estimate thereof shall have been at any time or times adjusted prior to the time hereby fixed for the final adjustment of the amount of that Charge. The final adjustment of any Charge for any Fiscal Year shall be made on or before the last day of March next following the last day of that Fiscal Year. -31- • I • • ( • • • • Section 606. Hearing on and Notice of Final Adjustment. Prior to making any final adjustment of any Charge for any Fiscal Year, as pro- vided in Section 605 hereof, the District shall hold at its regular meet- i ng in March next following the last day of that Fiscal Year a hear i ng on the proposed final ad j ustment. At the hearing any holder of any secur i ty issued by the District or any Municipality or Special Connector may appear in person or by agent or attorney and may present any objections he may have to t he final adjustment of the Charge for such Fiscal Year. Nothing herein contained shall be construed as preventing the District from making the final adjustment after the hearing but at the same meeting at which the hearing was held. The District shall at least ten (10) days before such hearing cause a copy of such notice to be mailed to the Special Con- nector. Section 607. Time of Making Adjustments to Estimated Charges. Notwithstanding any other provision herein, the District in its absolute discretion may adjust the estimateo Charges for any Fiscal Year and may certify any debits and credits resulting therefrom to the respective Special Connector at any time or from time to time prior to the final adjustment therefor made as herein provided, whenever the Board determines that for any reason such adjustment is necessary or desirable. Section 608. Payments to Balance Adjustments. Any Special Connector to which is certified by the District a supplemental Charge resulting from any final or other adjustment shall make provision for its payment in the next annua 1 budget prepared by the Spec i a 1 Connector and, in the manner provided in Section 604 hereof, shall pay the supplemental Charge in quarterly installments in the Fiscal Year for which that annual budget of the Special Connector is prepared, as well as the estimated Charge payable therein, unless the Special Connector has moneys available to pay, and determines to pay, the supplemental Charge prior thereto. Similarly any Special Connector to which is certified by the District any credit resulting from any final or other adjustment shall make provision therefor in the next annua 1 budget prepared by the Spec i a 1 Connector and shall thereby reduce the amount of the estimated Charge payable in the Fiscal Year from which that annual budget is prepared, unless the District has moneys available to pay, and does remit the amount of the credit to the Special Connector prior to the payment of the estimated Charge. Section 609. Li•itations upon Adjust.ent of Charges. Whenever the District adjusts the Charges for any Fiscal Year, including but not necessarily limited to t he final adjustment, the credits to Municipalities and Special Connectors shal l equal the debits to Municipalities and Special Connectors pay i ng Charges for that Fiscal Year, except for any supplemental Charge fi xed or i mposed as a reasonable penalty for any delinquency, includ i ng a ny interest thereon, and any reasonable attorneys' fees and any other costs of collect i ng any delinquency. Each such final adjustment shall be un i form wi thin each reasonable classification and shall be based upon the ac t ual amount and qua li ty of sewage delivered into the System and for all actual direct or ind1rect connections with and all actual use and services of the system, except for any minimum charge, any charge for the availability of service or readiness to serve by the Sys- tem, any reasonable penalty for any delinquency, including any interest thereon, any reasonable attorneys' fees and any other costs of collecting any delinquency. Each adjustment not a final adjustment similarly shall -32- • I • • - ( • • • • be uniform within reasonable classification and shall be based upon a revised estimate of such amount of sewage, such use, and such services, subject to such exceptions. Section 610. Enforcement. If any payment or any part thereof due to the District from the Special Connector shall remain unpaid follOI~ ing its due date, the Special Connector shall be charged with and will pay to the District interest on the amount unpaid from its due date until paid at th~ rate of one and one-half per centum (1 1/2 ~) per month (or fraction thereof); and the District in its discretion may charge and call ect Serv- ice Charges or Annual Charges from each Municipality or Special Connector sufficient to meet any default or deficiency in any payments herein agreed to be made by any Municipality or Special Connector. If in any such case Charges are so collected, the amount ultimately so collected by the Dis- trict from any defaulting Municipality or Special Connector 1·1il1 be credi- ted aqainst the amount of such default or deficiency or llny payment s tllen or theretofore due to the District from each tlunicipality or Special Con - nector to offset such default or deficiency under the provisions of this Agreement. Every obligation assumed by or imposed upon any Special Con- nector by this Agreen~nt shall be enforceable by the District by appropri- ate action, suit, or proceeding at law or in equity; and the District may have and may pursue any and a 11 remedies provided by 1 aw for the enforce- ment of such obligation, including the remedies and processes provided by the Act with respect to Annual Charges or other obligations, as provided in Section 504 hereof and specifically such enforcement as provided in Section 510(m) of the Act. Section 611. Character of obligations. Failure on the part of the District or of any l·lunicip'ility or Special Connector in any instance or under any circumstance to observe or to perform fully any obligation assumed by or imposed upon it by this Agreement sha 11 not make the Dis- trict liable in damages to a r~unicipality or Special Connector or relieve a t4uni ci pa 1 1ty or Spec1 a 1 Connector from making any payment to the Dis- trict or from folly performing any other obligation required of it under this Agreement; but such r~unicipality or Special Connector may have and may pursue any and all other remedies provided by la1~ for compelling per- formance by the District or such other nuni ci pa 1 i ty or Speci a 1 Connector of said obligation assumed by or imposed upon t~e District or such other Municipality or Special Connector. ARTICLE Yll HI SCELLAtlEOUS Section 701. Term of Agreement. This Agreement· shall be in full force and effect and shall be binding upon the parties hereto from its effective date for a period of forty-five (45) years from the date of the Servic e Contract or until the first day of January next following the last outstanding bond or note issued by the District, as authorized by subsections (5) or (7), respectively,. of Section 32-4-523 and of all sec- tions supplemental thereto of the Act, whichever be later. Thereafter -33- • I • - ( • • • - this Agreement shall continue as a binding contract to the extent permit- ted by law from year to year until a District Officer files with the Sec- retary or Clerk of the party hereto a notice that thirty (30) days after the last such filing or on any date designated in the notice following the expiration of such thirty (30) days' period this Agreement shall than be terminated, Section 702. Securities of District. All bonds, notes, or other obligations of the District referred to in this Agreement or to be issued by the District shall for all purposes of this Agreement be the sole obligation of the District and shall not in any way be deemed a debt or a liability of the Special Connector. Section 703. Absence of Representations. No party hereto makes any representation concerning the use of property, building permits re- quired or not required, zoning regulations of any body corporate and poli- tic, or concerning the exemption from licenses, permits, or taxes. Section 704. Conformance with Laws. Each party hereto agrees to abide by and to conform to all applicable laws of the Federal Govern- ment, the State, and any other body corporate and politic having any jurisdiction in the premises. Nothing in this section contained, however, shall require any party hereto to comply with any law the validity or applicability of which shall be contested in good faith and, if necessary or desirable, by appropriate legal proceedings, Section 705. Acts of God. No party hereto shall be responsible or liable in any way for Acts of God or any other act or acts or omissions beyond the control of such party which may in any way cause an interrup- tion or a discontinuance of service appertaining to the Sewage Disposal System or to any Sewer System. Section 706. Nonassignability. No party to this Agreement may assign any interest therein to any Person without the consent of the other party hereto at that time, and the terms of this Agreement shall inure to the benefit of and be binding upon the respective representatives and successors of each party hereto. Nothing herein contained, however, shall be construed as preventing the reorganization of any party hereto nor as preventing any other body corporate and politic succeeding to the rights, privileges, powers, immunities, liabilities, disabilities, and duties of a party hereto, as may be authorized by law, in the absence of any prejudi- cial impairment of any obligation of contract hereby imposed. Section 707. Amendments.· Subject to the rights and privileges of the holder or holders of any bonds or other securities of the District, this Agreement may be amended from time to time by written agreement, duly authorized and signed by representatives of the parties hereto. If, at any time, the Service Contract is amended by the parties thereto, such an amendment, if applicable, shall apply as an amendment to this Agreement. It being the intent that if the Service Contract is amended in any way which conflicts with this Agreement, the amendment to the Service Contract shall control and be considered as an amendment to this Agreement. -34- I • • - ( • • • • Section 708. Severability. If any section, subsection, para- graph, clause, phrase, or other provision of this Agreement shall for any reason be held to be invalid or unenforceable, the invalidity or unen- forceability of such section, subsection, paragraph, clause, phrase, or other provision shall not affect any of the remaining provisions of this provision, Section 709. Waiver. No waiver by either party of any term or condition of this Agreement shall be deemed or construed as a waiver of any other term or condition, nor shall a waiver of any breach be deemed to constitute a waiver of any subsequent breach, whether of the same or of a different provision of this Agreement, Section 710. Remedies. In addition to the remedies provided by law, this Agreement shall be specifically enforceable by the parties hereto, Section 711. Entirety. This Agreement merges and supersedes a 11 prior negotiations, representations, and agreements between the parties hereto relating to the subject matter hereof and constitutes the entire contract between the parties concerning the disposal of sewage by the Special Connector and the acceptance of such sewage for disposal by the District. Section 712. Membership 1n the District. Nothing in this Agreement shall be interpreted so as to give or entitle the Special Con- nector to the status of a Connecting or Associate Member as defined in the Service Contract. The Special Connector acknowledges that it is not entitled to nor will it have representation on the Board of Directors of the District. ARTICLE VIII SPECIAL PROVISIONS Section 801. Service Area of Special Connector. Upon execution of this Agreement, the Special Connector shall furnish to the District, in a form agreeable to the District, a legal description and a map of the area served by the Spechl Connector. Annually thereafter, the Special Connector shall update such legal description and a map, Section 802. Exclusion of Territory. Should the governing body of the Special Connector determine that the Special Connector or any por- tion of the service area thereof be excluded from service by the District, any request for such exclus i on shall be in accordance with the Act and in particular Section 32-4-515, C.R.s. 1973, as amended, Sect 1 on 803. User Charge Systl!ll. The Spec i a 1 Connector sha 11 have a User Charge System based upon actual use of the Sewer System of the Special Connector as required by Title 42, Part 35 of the Code of Federal Regulations currently in effect and as from time to time amended, and in particular Section 35.929 thereof, or an ad valorem tax which meets the requirements of Section 35.929-1 of said Title, -35- • I • - • • • • Section D. P..,_..t of Esti•tecl Annual Charges. For calendar year 1984, the Dtstrfct' s total estf•ted annual charges to the Special Connector. Cfty of Englewood, shall .be $8,746, payable as provided in Sec- tion 604 and subject to ffnal adjust.nt as provided in Sections 605 through 609. The Special Connector hereby waives notice of public hearing on the District's 1984 budget as provided fn Section 501 (B). Section 805. Sewr ConMCtf~ Charges. For new or altered sewer connections .. de after January 1, 1984, the Metro District will credft the Special Connector $500 per sfngle f .. fly residential equivalent unft for each connection for whfch Denver pays the Metro District $500 per sfngle fa•fly residential equivalent. For each unit for which this credit fs applied, the Special Connector shall pay to the Metro District the addftfonal ..ount due to the District based on the sewer connection charge in effect at the tf• of the physical connection to the sewer system served by the Metro Dfstrfct. Secti011 806. Lt.ttation on Service b7 the District. The Dfs- trfct shall provide sewage tran•fssfon and treat.nt service only for those areas of the Special Connector. City of Englewood, shown on the attached .. P and referred to fn Exhibft A. Sfnc:e the sewage treatment facilities of the Special Connector do not serve these areas. that portion of Section 303 pertaining to servfce by the Special Connector outside its corporate boundaries and to enlarge.ent of the Special Connector. to wit: The Special Connector may only provide sewer service outside its corporate limits or boundaries to the extent it has the prior approval of the district. Prior to annexation or enlarging of its boundaries b y the Special Connector, the Special Connector shall obtain the approval of the District for such annexation or enlargement. The District, through its Board, may disapprove such annexation or enlargement if it determines that the Special Connector cannot feasibly be served through the District's facilities and all of Sections 304 and 305 do not apply to this Agreement. Attest: Gary R. H~gbee, ex off~c~o City Clerk-Treasurer Attest: Secretary CITY OF ENGLEWOOD Eugene L. Ot~s, Mayor METROPOLITAN DENVER SEWAGE DISPOSAL DISTRICT NO. 1 By-----------------~~~~-Cha~rrnan -36- • I • - • • • • • ( METROPOLITAN DENVER SEWAGE DISPOSAL DISTRICT NO • .1 EXHIBIT A LIST OF INITIAL CONNECTING, METERING, AND SAMPLING POINTS Special Connector Location of Connection Method of Points* Measure.ent** Cfty of Englewood, Colorado Manholes on E. Yale Ave. at: 1. Alley between S. Logan St. Estimating and S. Pennsylvania St. 2. S. Pearl St. Estimating ·.'{:~ . 3. 60 feet west of s. Washington St. Estimating 4. 10 feet west of s. Clark son St. Estimating 5. s. Emerson St. Estimating 6. s. Ogden St. Estimating 7. 250 feet west of S. Downing St. Estimating Individual Service Connection Estimating Points - Serving addresses shown on Addendum B attached .. *Nothing herein contained shall be construed as preventing the District and any Special Connector from mutually agreeing upon the relocation of any connecting, metering, and sampling point appertaining hereto • **The District may, at its discretion, change the method of 1neasurement • • I,' .. I • • • • • • METROPOLITAN DENVER SEWAGE DISPOSAL DISTRICT NO. 1 2120 West Baker Avenue 2155 West Baker Avenue 2167 West Baker Avenue 2200 West Baker Avenue 2396 West Baker Avenue 1997 West liiff Avenue ADDENDUM 0 CITY OF ENGLEWOOD 2250 South Tejon Street -industrial 2315 South Tejon Street 1990 West Baltic Place 2200-2280 South Raritan -industrial 3095 South University - a church • .... ,1 ' ,,. ··.I 4 •,t . .' ~·· ~ . I . . • • • • • Qlletlt ? D 11f tqe ~pretn£ trrliUtt ~ r A r t ~,.• ...... , •. t1 · Jt l r 1303 16C ' 1!11 C.H I £F ~::;:. ... TY C LERt( January 19, 1984 Frederick A. Fendel, III, E sq . J. J. Petrock, Esq. Kenneth J. Broadhurst, Esq . 1630 Wel ton Street, Suite 200 De n ver, CO 80202 Rick DeWi tt, Cjty Att orney 3400 s . Ela ti En qlewood , CO 80110 Counsel: William 0. Lamm, Esq. Blak e T. Jordan, Esq. 818 -17th Stree t, Suite 8lH Denv er , CO 80202 S. Morris Lubow, Esq. Colorado State Bank Build inq 1600 Broadway, Suite 470 Denver, CO 80202 James C. Ruh, Esq. 730 -17th Street , Suite 338 Denver, CO 80202 Oral argument in case No. 83SA22 and 83SA 51 , The Odd Fellows Du'lding & Investmen t Compan y vs. The City of Englewood, et al ., h as bee n ordered and t he case has been s et for such argument at :30 p .m., Monday , Marc h 12 , 1984. Yo u attentio n is called to lhe provisions of the rule permitting oral argument that the reading of written or printed arguments or lengthy citations will not be permitted. Oral argument is limited to 30 minutes to a side unless otherwise ord ered by the Court. S J.r <:~re: y , r( ~~::~~~: DAV I D K . BREZI A, Clerk :-.JO TE : \(> C,l\'l ~ / ··, \ ... ,',.._I fl.-·'' (1) If counsel othe r than the above named counsel are to argue this case, please have them file an entry of appear- ance at lea s t ten d a y s E£ior to the time set fpr argoment. (2) No reauest for continuance will be considered unles s re- ceived on or before ten days from the date of notice, except in th e ca>.c of illness or simi l ar emergency. (3) Any supple menta l authorities must be filed at least ten days prior to the date of argument . • I I I I • • - • • • • • ([!exk 11f tl1e &tpretn£ (!Lourt DAVID W UFl t..LINA January 19 , 198 4 Fcedurick A. Fendcl , III , Esq . J. J. P e trock, Esq. Kennet h J . Broadhur s t, Esq. 16 3 0 Welton Street, Suite 200 Denver , CO 80202 Rick DeWitt , C ity Attorney 3400 S . Elc~ti Englewood , CO 80110 Cou n s el : 1303 1 6 C' 1!11 )' (• ( ( oHlliaw o . Lamm , Esq . Bl ake T. Jord an , Esq . 818 -17th St ree t, Su i t e 8lH De nve r, CO 80202 S. Morris Lubow, Esq. Col o r a do State Bank fiuil dinq 1600 Broadway, Suite 470 Denver, CO 80202 James c. Ruh, Esq. 73 0 -17th Stree t, Suite 3 3 8 Denver, CO 80202 Oral argument in c ase No. 8 3SA22 an d 8 3SA5l , The Od d Fe ll o ws Uuilding & In ve s tment Co mp.ny v s. T he City o f Engl e wood, e t al ., h as been ordered a nd t h e c ase h a s b ee n s e t for such argumen t a t • l :JO t:;.m., ~~on day , Mar c! 12 , 1984 . Your attentio n is call ed to l h~ pr o vision s of the rul e permitt ing or.al a r g um e n t th a t th e re a ding of written or printed arguments o r lengthy citation s wi ll no t b e permitted. Or al argumen t is l im i ted to 30 minutes to a side unless otherwise ordered by the Cou r t. Sincerely , DAVID W. BRE ZI NA, Clerk '. ', c I i I .. I\. NO E : (1) If counsel other than the above named coun s el are to argue this case, please ha v e th em f ile an entry of appea r- ance aL lea st ten da ~ ~io~ t o the time s e t f~r argome n t. (2) No reouest for continuance wil l be considered unl ess r e - ceived on or before t en da ys fro m the date of notice, exc ept in the case of illness or simi l ar e me rgency. (3) Any supple me ntal authori ties mu st be filed at l e a st ~ days prior to the date of a rgu ment . • I I I I I • • - • c • MEMORANDUM TO: FRO M: DATE: SUBJECT: • • • Mayor Otis, Members of the City Council Rick DeWitt, City Attorney February 24, 1984 Rich vs. City of Englewood Supreme Court Hearing Date '1 E ~ 'rhc Colora do Supr.c mu Court ha s co; tal.ll i o;hcd l·'r iday, 1\pr .i.l J 3, 1984 at 9:00 a.m. as the date to hear City of Englewood vs. Rich . Please note that this case has been consolidated with another case, Wayne L. Clark, Jr., et al vs. the Town of Estes Park, so the two appellants will have to share a thirty minute debate. I will be preparing for this oral argument. Respec tfull y submitted, lhck DcWat /mh cc : Andy McCowan, City Manager Stu Fonda, Director of Utilities I • • - • • • • C!Herk of t~e ~pr£m£ <nnurt STATE Of CCJ COkAOO \ \ STAlE JUO !Ct~L OUIL OI'\IG DAVICJ W . BREZINA 2 EAST FOURTEENTH AVE":.:E DEN VEfl. COLORADo 80203 LIN DA L. MACIAS CLER~ OF COURT February 22, 1984 Rick DeWitt, City Attorney David J. Menzies, Asst. C.A. Brad Breslau, Spec. Asst. C.A. 3400 South Elati Street Englewood, CO 80110 Robc~t C. Lchcr, Esq. 1901 W. Littleton Blvd. Littleton, CO 80120 Counsel: 13031861-1111 CHIEF OEPUTY CLERK Joseph P. Jenkins, Esq. 302 E. Elkhorn Avenue P.O. Box 1990 Estes Park, CO 80517 Gregory A. White, Esq. P.O. Dox 701 Loveland, CO 80539 Oral argument in case No. 82SC280, Wayne L. Clark, Jr., et al. v s. Town of Estes Park and 82SC345, City of Englewood vs. Alber t Rich, has been ordered and the case has been s e t for such argument at 9:00 a .m., Friday, April i3, 1984. Your attention is called to the provisions of the rule permitting oral argument that the reading of written or printed arguments or lengthy citations will not be permitted. Oral argument is limited to 30 minutes to a side unless otherwise ordered by the Court. Si n cere ly, DAVID W. BREZI NA, Clerk NOT E : (1) If counsel other than the above named counsel are to argue this case, please have them file an entry of appear- ance at least ten days prior to the time sat for 'argument. (2) No request for continuance will be considered unless re- ceived on or before ten days from the date of notice, except in the case of illness or similar emergency. (3) Any suppleme ntal authorities must be filed at least ~ days prior to the date of argument . I • • • MEMORANDUM TO: FROM: DATE: SUBJECT: • • • Mayor Otis, Members of the City Council Rick DeWitt, City Attorney February 24, 1984 Rich vs. City of Englewood Supreme Court Hearing Date 7 E The Colorado Supre me Court 6as established Friday, April 13, 1984 at 9:00 a.m. as the date to hear City of Englewood vs. Rich. Please note that this case has been consolidated with another case, Wayne L. Clark, Jr., et al vs. the Town of Estes Park, so the two appellants will have to share a thirty minute debate. I will be preparing for this oral argument. Respectfully submitted, tfici DeW 1 t t /mh cc: Andy McCowan, City Manager Stu Fonda, Director of Utilities • I . ( ' • • • • Qllerh of tqe §upreme Qlourt ST .. TE m CCJLOF<AOO STAlE JUOICI~l OUILOI~G DAVID W . BREZINA 2 E"ST FOURTEENTH "VE"'C:E DENVEFl. COLORADO 80203 L,INDA L. MAC IAS CHIEF OEPUT¥ CLERK CLER~ OF COURT February 22, 1984 Rick DeWitt, City Attorney David J. Menzies, Asst. C.A. Brad Breslau, Spec. Asst. C.A. 3400 South Elati Street Englewood, CO 80110 Robert C. Leher, Esq. 1901 w. Littleton Blvd. Littleton, CO 80120 Counsel: (3031 861-1111 Joseph P. Jenkins, Esq. 302 E. Elkhorn Avenue P.O. Box 1990 Estes Park, CO 80517 Gregory A. White, Esq. P.O. Box 701 Loveland, CO 80539 Oral argument in case No. 82SC280, Wayne L. Clark, Jr., et al. vs. Town of Estes Park and 82SC345, City of Englewood vs. Albert Rich, has been ordered and the case has been set for such argument at 9:00 a.m., Friday, April i3, 1984. Your attention is called to the provisions of the rule permitting oral argument that the reading of written or printed arguments or lengthy citations will not be permitted. Oral argument is limited to 30 minutes to a side unless otherwise ordered by the Court. Sincerely, DAVID W. BREZINA, Clerk NOTE: (1) If counsel other than the above named counsel are to argue this case, please have them file an entry of appear- ance at least ten days prior to the time set for ·argument. (2) No reguest for continuance will be considered unless re- ceived on or before ten days from the date of notice, except in the case of illness or similar emergency. (3) Any supplemental authorities must be filed at least ten days prior to the date of argument . • I • • n - • ORDINANCE NO. SERIES OF 198'4 ______ _ • • • BY AUTHORITY A BILL FOR COUNCIL BILL NO. 12 INTRODUCED BY C9UNCIL MEMBER -r.J~ AN ORDINANCE APPROVING AN EASEMENT TO SOUTH SUBURBAN METROPOLITAN RECREATIONAL AND PARK DISTRICT, A QUASI-MUNICIPAL CORPORATION, FOR THE COLORADO DEMONSTRATION TRAIL. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. There is hereby approved an agreement titled "Recreation Trail Easement" granting to South Suburban Metropolitan Recreation and Park District an easement for the Colorado Demonstration Trail as is more fully set forth in said agreement attached hereto, marked Exhibit "A", and incorporated by reference. The Mayor and ex officio City Clerk-Treasurer are authorized to approve said easement pursuant to the terms of this ordinance after the completion of the project according to the terms of the L i cense Agreement described in Section 2 hereof. Section 2. Said easement described in Section 1 hereof and found in Exhibit A shall be subject to and conditioned upon the faithful and satisfactory performance of those obligations of the License Agreement marked Exhibit "B", attached hereto and incorporated by reference. The Mayor of the C ity of Englewood and the ex offic i o City Clerk-Treasurer are hereby autho ri zed to execute sa i d License Agreement forthwith. Intr odu ced, re a d i n full, and passed o n fir s t reading on the ________ day of _______________ , 1984. Published as a Bill for an Ordinance on the -------------' 19 84 . day of Attest: Eugene L. Ot1s, Mayor ex offlclo C1ty Clerk-Treasurer • I • • • • • • I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and complete copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the day of , 1984. Gary R. Higbee • I • • • • • • RECREATION TRAILWAY EASEMENT THIS INDENTURE, made this day of 1 1984 between SOUTH SUBURBAN METROPOLITAN RECREATION AND PARK DISTRICT, a quasi-municipal corporation, herein referred to as District, and CITY OF ENGLEWOOD, a Colorado municipal corporation, of Arapahoe County, Colorado, herein referred to as Grantor. WITNESSETH WHEREAS, Grantor is the owner of the hereinafter described lands; and WHEREAS, the District is desirous of constructing and ma i ntaining a recreational trail across the lands of Grantor; NOW, THEREFORE, in consideration of the sum of One Dollar ($1) and other good and valuable considerations paid by District, receipt and sufficiency of which are hereby acknowledged by Grantor, and the covenants and cond i tions hereinafter set forth, Grantor hereby grants, bargains, sells, and conveys to the District, its successors and assigns, a perpetual easement for the construction, maintenance, removal and repla c ement of a recreational trail in accordance with the plans hereto attached under the following described property situate in the County of Arapahoe, State of Colorado, to wit: TO HAVE AND TO HOLD the r i ght here i n granted unto District, it s successors and a ss i gns, forever for the purposes herein de- scr i bed prov i ded, however, tha t a t such time as said easement be no longer used for t hese purposes t h i s easement, without legal process, shal l fort h w ith rever t t o th e Gr a ntor hereof or its assigns. DI S T RI CT CO VENANTS AND AGR EE S: 1 . To maintain the easement in a clean and sa n itary cond it ion and the improvements thereon in good repair . 2. To commence construction within fifteen (15) da y s of the date hereof and complete the contemplated improvements in a rea son- able period of time. 3 . To hold Grantor harmless from any liability ari s i n g f rom the use of said easement by any persons whatsoever a nd t o mai nta i n liability and property damage insurance adequate to so p r o tect Grantor . EXHIBIT "A" • I • • • • • • 4. To confine access onto the property to the shortest feasible route from the nearest street. 5. To allow only those vehicles on the easement property necessary for the work to be performed. No private vehicle parking will be allowed. Upon completion of project, all wheel damage will be repaired as Described in No. 7. 6. To return all natural materials to their original condition after completion of the project. All destroyed shrubs will be replaced by nursery stock. All existing shrubs in the path of the work will be stored near the site. The storage will be done in a manner to maximize the chance for survival. 7. To coordinate with respective companies all work concerning utilities (gas, telephone, water, sewer and service mains), and any damage incurred in construction will be reimbursed to the involved company by the builder. B. To scrape 2" deep of top soil and stockpile beside each trench for replacement as top soil before soil preparation. 9. To backfill trenches and compact to a minimum of 90% of Standard Proctor. Physical tamping will be done between maximum 6" layers of backfilling. 10. To replace stored top soil on the backfilled trench using techniques and procedures approved by the City including scarifying as requested. 11. To remove excess material from the site. 12. To extend the within Trailway Easement to and for the use and benefit of the District, its contractors and workmen for the term above described. Grantor reserves the right to close the trail to the public in the event it determines an unsafe condition exists or the trail is not being properly maintained for the public safety. Attest: Gary R. Higbee, ex off1c1o City Clerk-Treasurer -2- • GRANTOR: CITY OF ENGLEWOOD By~~~~~~~--~---Eugene L. Otis, Mayor I • • - • Attest: STATE OF COLORADO ss. COUNTY OF ARAPAHOE • • • DISTRICT: SOUTH SUBURBAN METROPOLITAN RECREATION AND PARK DISTRICT By ________________________ _ Title The foregoing instrument was acknowledged before me this day of , 1984 by ------------------------------------------- of South Suburban Metropol1tan Recreat1on and Park D1str1ct. Witness my hand and official seal. My Commission expires STATE OF COLORADO ss. COUNTY OF ARAPAHOE Notary Publlc Address: The foregoing instrument was acknowledged before me this day of , 1984 by Eugene L. Otis as Mayor and Gary R. Higbee as ex off1cio City Clerk-Treasurer of the City of Englewood. Witness my hand and official seal. My Commission expires -3- • Notary Publ1c Address: I • • • • • • LICENSE AGREEMENT THIS LICENSE AGREEMENT, made this day of , 19 , between the CITY OF ENGLEWOOD, a municipal corporation of the State of Colorado, herein referred to as "City", and here1n referred to as "L1censee • WITNESSETH The term "Licensee" shall include employees, agents and contractors of Licensee. The term "property" as used herein refers to real property and includes easements, rights of way, and other City interests in land and may sometimes be referred to herein as "City property". The City, by these presents, without warranting title or interest, and subject to the covenants hereinafter set forth, does hereby authorize the Licensee, its successors and assigns, to: Construct the Colorado Demonstration Trail on the City of Englewood golf course from the confluence of Bear Creek with the South Platte River up Bear Creek to the west property line of the City of Englewood golf course. as described in Exhibit "A-1" attached hereto and made a part hereof. 1. The City has approved a set of final detailed plans of the installation Licensee proposes to construct, utilize, modify, repair, replace, or maintain hereunder. 2. Licensee shall notify the City at least three (3) days prior to commencement of the construction of, modifications or repairs to Licensee's installation so that the City may make such inspections as it deems necessary. In the event of emergency repairs required for safety or restoration of service to utility customers, Licensee shall not be required to furnish notice prior to commencing said repairs, but shall notify the City of the nature and extent of any such emergency work. 3. In granting this License, the City reserves the right to make full use of the property involved as may be necessary or con- venient in the operation of the City and City retains all right to operate, maintain, install, repair, remove or relocate any of its facilities located within the City's property at any time and in such a manner as it deems necessary or convenient. In the event EXHIBIT "B" • I • - • • • • Lice nsee's i ns ta lla t ions should interfere with the City's us e or o p e r ati on of its property, a t any time hereafter, Licensee shall, upon r e quest by the City and at L i censee's sole expense, immed i - atel y r elocate, rearrange or remove i ts installation so as not to i nt e rfere with any such City use and to remove the installat i on of L ice nse e when necessary or con v enient for the City, its successors o r a ss ig ns. 4. Licensee shall complete its installat i on, clear the area o f all construction debris and restore the area to its preexisting condition within sixty (60) days from the date of commencement of construction. In the event clearing and restoration of the are a is not completed within the time specif i ed, the Ci t y may complete the work at the sole expense of Licensee. 5. All City roads and fencing which are d i sturbed by the construction of Licensee's installation shall, wi thin the time prescribed in paragraph 4 hereof, be restored to a condition satisfactory to the City. City roads and fencing disturbed by the reconstruction, maintenance, modification, operation, repair or replacement of Licensee's facilities shall immediately be restored by Licensee to a cond i tion satisfactory to the Ci ty. Restoration of roads shall include, but i s not limited to, resurfacing when deemed necessary by the City. If restorat i on is not accomplished by Licensee wi th i n the t i me specified, the City, at i t s election, may perform such restorat i on at Licensee's expense. L i censee shall conduct all construct i on, modificat i on, operat i on, repa i r, replace- men t and maintenance of its installations in such a manner that the Ci ty, at all t i mes, shall have full and comple t e access to i ts propert y . 6. L i cens e e sh al l not t r im or cu t down any trees, shrubs, or bru s h on City's p rope r t y witho ut perm i s si on o f t h e City. When req ui red by City , L i censee, at it s e xpen s e , shall tri m o r cu t down trees , shru bs o r br u sh a nd r em ove a n d d is p o s e of cu tti ng d e br i s t o t h e s atisfacti on o f City . 7 . All trenches and excavation s within City pr ope rty s h all be backfilled in the following manner : the trench or excavati o n shall be backfilled to the original ground line using only suitable soft earth material. The backfill material shall be deposited in layers not to exceed eight (8) inches loose measure for the full width of the trench . Layers shall be brought up uniformly com- pacted with mechanical tampers capable of exerting a blow at least equivalent to 250 pounds per square foot, to 90\ of Standard Proctor. The moisture content of the material shall be adjusted as required to secure the above density . The amount of water used shall be sufficient to o b tain the maximum density specified . When moisture is in excess of that necessary for proper compaction , the Licensee shall be required to grade , mix or otherwise process wet material to proper moisture content or haul in suitable material. Tamping equipment shall be subject to the approval of the City. -2- • I • • - ( • • • • 8. Licensee will use all reasonable means to prevent any loss or damage to the City or to others resulting from the construction, modification, replacement, repair, operation and maintenance of Licensee's installation. Any repair or replacement of any of the City's installations on its property made necessary, in the opinion of the City, because of the construction, modifica- tion, operation, maintenance, repair or replacement of Licensee's installation, shall be made only by the City and at the sole expense of Licensee. 9. Licensee shall indemnify and save harmless the City, its officers, employees and agents, against any and all claims, dam- ages, actions or causes of action and expense to which it or they may be subjected by reason of Licensee's installation being located within and across the property of the City or by reason of any work done or omission made by Licensee, its agents or employees, in connection with the construction, operation, modification, replace- ment, maintenance, repair or removal of Licensee's installation. If the construction of all or any part of Licensee's installation is to be performed by an independent contractor under contract with the Licensee, the Licensee shall so notify the City and shall incorporate the stipulations and conditions of this License into the contract specifications, and if require by the City, cause said independent contractor to obtain, prior to commencement of the work, an insurance policy or policies in amounts and with companies satisfactory to the City which will protect the City from any loss or damage resulting from the work performed by the contractor. 10. All work authorized by this License shall be performed by the Licensee at no expense to the City and, except as otherwise set forth herein, Licensee shall own and maintain its installation thereafter. 11. The rights and privileges granted in this License are subject to prior agreements, licenses and conveyances, recorded or unrecorded, and it shall be the Licensee's responsibility to determ i ne the existence of any rights, uses or installations conflicting with the Licensee's use of the City's property here- under and to resolve any conflict. 12. If the Licensee does not use its installation for a period of one (1) year, or i f Licensee shall at any time fail or refuse to comply with or carry out the conditions of this License, City may, at its election, revoke this License forthwith by written notice to the L i censee in person or by mail at Licensee's last known address. Upon termination of the License, the Licensee shall have ten (10) days to remove its installation from the City's property. In the event Licensee does not remove said installation within the time allowed, City, without incurring liability, may remove said installation at Licensee's expense. -3- • I • - • • • • • 13. Upon abandonment of any right or privilege herein granted, the right of Licensee to that extent shall terminate, but its obligation to indemnify and save harmless the City, its officers, employees and agents, shall not terminate in any event. 14. The rights granted Licensee hereunder may not be assigned without the written consent of the City. 15. Licensee shall comply with all applicable laws and ordinance and all rules, regulations and requirements of any governmental authority promulgated thereunder controlling environmental standards and conditions of the premises. If, as a result of Licensee's occupancy of the premises and its operations hereunder, any such law, ordinance, rule, regulation is violated, Licensee shall protect, save harmless, defend and indemnify City from and against any penalties, fines, costs and expenses including legal fees and court costs incurred by City, caused by, resulting from, or connected with such violation or violations. 16. This License is subject to the foregoing conditions and to the following special conditions: 17. Upon completion of the improvements and upon (1) approval by the City and (2) upon presentation of an accurate legal description approved by the City survey, the City shall execute the Easement Agreement authorized by Council Bill No. 12, Series of 1984," with the appropriate legal description inserted and such other necessary information as is required to convey the easement to South Suburban Metropolitan Recreation and Park District. IN WITNESS WHEREOF, this instrument has been executed as of the day and year first above written. APPROVED: Director of Ut1lities APPROVED AS TO FORM: C1ty Attorney -4- • CITY OF ENGLEWOOD By ____________________ _ Mayor ATTEST: ex officio city Clerk- Treasurer I • • -• • • The undersigned authorized officer of has read the foregoing License and agrees for and in behalf of said that it will accept and will abide by all the terms and conditions thereof. LICENSEE: ATTEST: Title By ____________________ __ Title (SEAL) Address: Phone: -5- ~~~-·----------------~--~~------------------~Y in I • • • • • .. . ,-... .J.•:. •• t:-.~ ...... ,.,-~~-="•!:-co•::-'· , . · ·~t·.:..-.... ~ ... "~ ' "'~ .. 'C Z'& T~:::t:~-; ·) ::Jbf" i--'-· ' I r • COLORADO. GREENWAY OEMONST!IIoTION l-OOP TRA IL I • • ---''---------- • • ~-.:co .-..-=i 100' Jto \ '2' ( • • .. • (\ \ -.) ·' -,<.. f\ IS,, A=-I LOOP 'r"AIL "PA 6r't C. • I • • - ( • • • • • c 0 u N c I L C 0 M M u N I C A T I 0 N DATE AGENDA ITEM SUBJECT Award of purchase of Aeration March 1' 1984 <6A Equ i pme nt for t he 1984 Englewood Exp ansion INITIATED BY William F. Owen, PhD. I P.E. Director of Wastewa t er Treatment ACTION PROPOSED Council to &(!(!rove and aw§r d l!u[s;hus: ~f 6~[1 t ign ~gYi Rm~D t from Ph iladeleh ia Mixer!!. INTRODUCTION: The Wastewater Treatment Department is requesting approval and purchase of four aerators, ancillary equipment and associated services from Philadelphia mixers for a price of $83,147, which includes City Sales Tax. BACKGROUND: As a component of the forthcomi ng Eng l ewood Wastewater Treatment Plant Expansion project, the City of Englewood solicited proposals for purchasing aeration equipment direc t ly from capable vendors . This award is for four low- speed surface aerators, ancillary e quipment and tes t ing and s t artup services. 7his equip~e n t will be installed by the general contractor on the expansion, who will be selected through a subsequent seperate bid around March 20. 1984. FINANCIAL DETAILS: We received three bids for the subject aeration equipment as follows: 1. Philedelphia Mixers King of Prussia, Penn 19404 2. Envirex Ted Miller and Associatec 2130 South Ivanhoe Street Denver, Colorado 802 22 3. Lightnin D.W. Gaigler Company 5777 E. Evans Ave #4 Denver, Colorado 80222 * does not meet specifications () meets specifications $ 80,725 $ 90 ,000 * $ 100,405 (121,191) The above bids do not include the 3% use tax for the City, which must be added to the ultimate award price. • I • • ( ( ( • • • • The engineer's estimate for this equipment was $98,500 and appropriate funds were budgeted in the 1984 budget to cover this expense. DISCUSSION: The bids were reviewed in detail by the designer and construction manager. The low bidder, Philadelphia Mixers, met all but a few minor items of the specifications. Philadelphia Mixers is a reputable firm with which we have had excellent success on past projects. RECOMMENDATIONS: We recommend the council award the purchase of four aerators to Philadelphia Mixers for a sum of $83,147, subject to successful negotiation of acceptable terms of the purchase agreement and settlement of minor deviations from the specifications. This amount includes the 3% sales tax. I • • - ( • • • • ,. • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE March 1, 1984 SUBJECT Award of Purchase of Pumps for 1984 Englewood Expansion INITIATED BY William F. Owen. PhD .. P,E. Director of Wastewater Tr eatment ACT I ON PROPOSED Cgunc il t g a pp r gve a nd a ward purc has e g f pum ps f r gm t wg sup pliers : Wort h i n a t o n and A l 1 j a -Cha l me rs INTRODUCTION: The Wastewater Treatment Department is requesting approval and purchase of seven pumps from two suppliers, who were low bidders on respec t ive equipment. BACKGROUND: As a component of the forthcoming Englewood Wastewater Treatmen t Plant Expansion project , the City of Englewood solicited proposals for purchasin g pumps directly from capable equipment vendors. This award is for two return sludge pumps, four sl udge wastin g pumps, a nd one supernatant pump . This equipment will be ins t alled by the general con tractor on t he e x pansion , who will b e selected through a subsequent, separate bid . FINANCIAL DETAILS: We received six bids for the subject pumps as follows: * N. RAS N. WAS S.WAS SUPERNAT TOTAL I. Ted Miller and Assoc (Allis-Chalmers) $26,292 $ 8,136 $ 8,530 $ 4,230 $ 47,188 2140 S . Ivanhoe Denver CO 80222 2 . UCEC (Worthingson) 18,991 12,052 11,923 11,923 48,152 J<;l)t'ln "'· l\4th Ave Golden, CO 80401 1. Paramount Equipment (Cornell ) 23,900 11,080 11,080 5,004 51,064 9146 Marshall Place Westminster, CO 80030 4. McLemore Pumps (Aurora) 37.730 16,450 16,450 8,265 78,895 4895 Joliet Denver, co 80239 5. Goulds Pumps (Mnrris) 38,91 6 ------38,916 5290 E. Yale Circle #204 Denver, co 80222 6. Boyer & Seeley (Weil Pump) --12,736 ----12,736 2881 N. Speer Blvd. Denver, co 80211 * Bids are for two North RAS pumps, two North WAS pumps, two South WAS pumps and one supernatan t pump • Bids numb er four and five were i ncomple t e bide. • I • 1- • • • • • 0 The above bids do not include the 3% use tax for the City, which must be added to the ultimate award price. The engineer's estimate for this equipment was $75,000, and appropriate funds were budgeted in the 1984 budget to cover this expense. DISCUSSION: On this bid, different manufacturers were low bidder on various pieces of equipment. The designer and construction maanger reviewed all bids and found the low bidders, Worthington and Allis-Chalmers, to be in basic compliance with the bid specifications. Also, bids were reviewed to assess the relative advantag es and disadvantages of splitting the bid among manufacturers. Based on this review, we believe it is in the best interests of the City to split the bid amon g the two bidders, Worthington and Allis-Chalmers. The monetary advantage of splitting bids is $7,301 or 18 % of the total bid. On the downside, the city will r eceive two different pump brands. In this case, we do not believe the difference in pump manufacturers will represent a major problem in plant operations and maintenance, and hence recommend splitting the bid to realize the cost savings. RECOMMENDATION : We recommend the council award the pump bids to the two low bidders as follows: Worthington All is-Chalmers 2 return sludge pumps Base price Sales Tax Total Award 4 waste sludge Base Price Sal:es Tax Total Award pumps • $ 18,911 568 $ 19,479 and 1 supernatant $ 20,896 627 $ 21,523 pump I •