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Home My WebLink About1984-07-16 (Regular) Meeting Agenda...... • • • .. City Council Meeting -Regular -July 16, 1984 0 • - • • 0 0 \.. ) <'-< .. D .. [U f;t ~ rj '7, d~ -{J1 0-' I Jl 122· p: .?--cl5, ._ b, -~ • • I . • - \ r • • 7:30 P.M. 3. 4. • • - AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL JULY 16, 1984 / u / Call to order, invocation by Reverend Vance Willett, First Baptist Church, 3170 South Broadway, pledge of allegiance by Boy Scout Troo 192, and roll call. {} ~ Minutes. {a) Minutes of the special meeting of June 28, 1984. (Copies enclosed.) {b) Minutes of the regular meeting of July 2, 1984. (Copies enclosed.) Pre-Scheduled Visitors. (Please limit your pre- sentation to 10 minutes.) {a) Mr. Tom Burns, Chairman of the Housing Authority, will be present to present a check to the City of Englewood. (Copies enclosed.) Other Visitors. (Please limit your presentation to 5 minutes~8'C. /) .:vd ~ u (I ut -. ""Y"I (! lu • · ,.' 1S?tf S J. Utvfl\. '-f/af.n..t. 1 '\L~uzo. . ._._, "'£.. -<. <("t'1-,;3:JSJ..-u l(1,t r 1 ~ ';)L I'LOl f l..<l<...A<,A{ Public Hearing. J J (a) To cons i der citizens i nput for the 1985 Budget. (b) To consider General Revenue Sharing Funds. 5. Communications -No Action Recommended. (a) Minutes of the Urban Renewal Authority meetings of May 30, June 6, June 25 and June 28, 1984 . (Copies enclosed.) • I • • ~I • • • • Page 2 July 16, 1984 Agenda \ s. Communications-No Action Recommended (Continue4). (b) Minutes of the Planning and zoning Commission meeting of June 26, 1984. (Copies enclosed.) (c) Memorandum from the Director of Libraries con- cerning her attendance at the American Library Association Conference, June 19-25, 1984. (Copies enclosed.) 6. Communications -Action Recommended. ,....) (b) Council Communication from the Water and Sewer Board concerning the first supplemental contract with the State Department of Highways. (Copies enclosed.) Council Communication from the Planning and Zoning Commission concerning the proposed amendment to Section 16.4-10, B-1, Business District, pertaining to the maximum permitted height. (Copies enclosed.) 7. City Attorney. Ordinance on Final Reading. (a) Ordinance approving an agreement with the Southeast Metropolitan Board of Cooperative Services for Media Cataloging and Processing. (Copies enclosed.) Bills for Ordinances. Bill regulating uses in the 1-1 Zone District, and to allow mobile home parks as a permitted principal use and declaring an emergency. (Copies enclosed.) Bill amending the height limitation in the B-1 zone District. (Copies enclosed.) Bill approving the joint recreation agreement between the City of Englewood, Colorado, and Schools District No. 1, County of Arapahoe, Colorado, to take effect January 1, 1985. (Copies enclosed.) • I • • • • • • Page 3 July 16, 1984 Agenda ~ 7. City Attorney (Continued). ~(e) Bill approving use agreement between the City of Englewood, Colorado, and School District No. 1, Arapahoe County, Colorado, concerning Duncan School. (Copies available at meeting.) -o-:r' (f) m . ~ Bill amending Title VIII, Chapter 1, Section 2, of the Englewood Municipal Code, 1969, as amended, regarding Englewood Public Library Advisory ~~ Other Matters. Board. (Copies enclosed.) (g) Attorney's Choice. 8. City Manager. (a) Council Communication from the City Manager concerning the Dartmouth Park Planned Develop- ment. (Copies enclosed.) (b) Council Communication from the Assistant City Manager for Economic Development concerning an agreement between the City of Englewood and the First Interstate Bank of Englewood for the Broadway Design Program. (Copies enclosed.) (c) Council Communication from the City Manager concerning the award of construction contract for 1984 Concrete Replacement Program. (Copies enclosed.) (d) Resolution concerning adding three positions in the 1984 Budget. (Copies enclosed.) (e) Manager's Choice. General Discussion. (a) Mayor's Choice. (b) Council Member's • I • • - • r • • • . ----( a t_..' , J\ \..: • LL l'J ./1 . I v. 521 "" I ' . 'j C )\.) I •\ . 7' < , PRESENTED BY ------- AGENDA ITEM ---- l f-t .,L0 {(J -n ~ 1'\oved MOTION : • Seconded r l Ll t Q ::;:,_ 1 (_~L_~ \J_l 1 ROLL CALL Ayes Nay Absent Abstain rrrgifay Neal Vobe1 da Weist Bilo Bradshaw Otis • I . • • - • • AGENDA ITEM -----PRESENTED BY -------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain HTQdav ,__ Neal v Vobeida ~ Weist J- Bllo V" Bradshaw v Otis ;~ MCYriON: 0 I • • • • • • • PRESENTED BY -------- AGENDA ITEM ROLL CALL Moved Seconded Ayes Nay Absent Abstain -liT90iY Neal -vobe1da wilst " v Bllo l J, Bradshaw I Otis \ I • • ~ c\ • • - • ,. - AGEND A ITEM --'-(_G __ . _ PRESENTED BY -------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain -mcidav Neal - Vobe1da v Wel st l_ 81 lo I I-" Bradshaw 7 Otls \. MariON: • I • • • • • • AG ENDA ITEM PRESE NTE D at:)~-l-';;'-'-)l..:.....:...).J...-___ _ 7:) C&< J /) >U '\ vl j 1~ ~;__ f ;ta ~? <l-I -Ci I ·) c{ ( .l ..u:.. d Q_ 1.' c. r t .:l L< .... .__._ J·. L ./'.J Ct. r u Ct a.U: d.. (_,)I c~ .cJ-- ]L-'~( -)) kiJ'L-(}_u_.) (UvLLL ·7. ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlgday Neal Vobe1da Wei s t Bi lo Bradshaw Otis MOTION: I . • • • • • AGENDA ITEM _c3_. __ PRES ENTED B Y ------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain rrrgCJay v Neal -VobeJda We i s t '\ Bllo J v Brad s haw I Otis -c: MariON: I • • • • • n • • • / AG ENDA ITEM P ""'ENT'D BY l ' 2 ) f '.) L( u. __ d ~ '-I'YY\ ~J alVJl..l ..,u}) c l'\L N.J.. --{rl>--1<-0'1..1...J-· 12. I D Atc;tu!L. cU.JL G-u --{:v ... l. ttu_ 1-. 3 ~ '::J-t e ... )'L ~:;___ u, , ' t1 l J c /1\ '{ I • \..._ C-t t)\.11 I 4> (f)\J-J 6 &g ~ 'J. tLhL{.U-~ d-J.I J.d. Lfi_.,.,vv & p~.-R TCJ ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlgday Neal Vobe]da Weist Bilo Bradshaw Ot is MOTION: I . • • • • • • AGENDA ITEM ----PRESENTED BY ------- l2J -~ "--t'" ""--"--v-i ' .._i' <.C C rv---.:1 L·'-' ~( (!; <')L-t-L ~,(__ {l L ~ y; 6.. ..)..-~ c \L 1\( /2T0 (J_f }-;,J cX t'V--l v (j· [, ._· J d_tr.c.<...l 1-·-v- i-!r -J_ --1 C>LJ f"\e.v ~ t 1-<JL-t )w -v~ / ""ul·c..'--:1--ci: (l d-e (_ <:'L.>'"" /) t> L/ ( /Lp, "OLL CALL J Hoved Seconded AbstaIn HIQdav Neal Vobe1da Welst Bllo Bradshaw Otis MOTION: I . • • • • • • AGENDA I TEM ----- P RESENT ED BY ------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlgday v NeaT -Vobe1da Weist Bi lo i7' Bradshaw Otis - j2..10 l).. }11./J:. MOTION : l.;t ) (I lL G c ttl ? c/[ ( I (( '>1 1 , Q? ") (,U ,--.../ v . I /l'- • • (" J (/ ft_C!C /1 v( ) I j.)(l {<e(l ) lC 1 ... {_ ..__. ) . -l0 t,.c.....-L " t.<. 1.u., 6,.) ,"0--(f l-~L • - • • • - PRESENTED BY ------AGENDA ITEM ---- (L l. '~---'jiJ t '-'---'. C !u y ~ -y Jo cj-G • I Z / "! ( L . ~ -t tl (· ~c ~J !t'a J f~"l { C<..... r;, ___ (. ' /l. ~ c. ( -r 'L /1 e_.l.(l 0 _fo-( ·YJ u h l lU--<.s--(;-<.. d' '" _.; / c "'-J-1'" 'Y' ~~ L rn r· _ /' , "'--'b 'f, ~, 0::. 1 f3 c~v ·; /~'-'C) !Ia ""'[ o -a '-' ~.L>-<l.o ._ ~ [, ~ G , ,AJ-t -6-i-/L t__• lll--,f-0 ,c "u.-1.< --l A.l'-' t(-v.J <l-Zt. -n\ · ROLL CALL 0 Moved Seconded Ayes Na Ab y sent Abstain Hlgdav Neal Vobe,da Weist Bi lo Bradshaw Otis MOTION: • I . • • • • , . • AGENDA ITEM -----PRESENTED BY ------- -J ')\..-. _:_ G j u t 1 \ )S AU--'rj (J. c.J1 den:_ v.._j_ b...J-,___ ro fl~ /U--c --c"L d._._ -d.__ c:L--t" /)\..--6--1- (1 j., c c-J!L <'J~· rvr ·, (l '--~ t ./l'J._Q__[L. c.~ ~£ .__ /UrL --- ;U !f. v.<..{ •• t ~ L ~ '1..£)/. c-u. 4 1. '~j- J ~__tL ')1-~p-v'l..;;'ck._ /J ~c·lu.,. u; / ~ '-{u.,' 1;;... -(). {ft._.; d.-<-yU).. ) 'L ~ -. .-(.l'--1~ \..4-{ _ / ,-..-~ L-t -Cntlt~f (;, o--' ...c ('>-~ (_:__ c~ ( t ~{d_ ROLL CALL Moved Seconded Ayes Nay Absent HTQdav Neal Vobilda Weist Bi lo Bradshaw Otis MOTION: v 0 Abstain I . • • • AGEN DA I 'rEM ~ P RESENTED BY -------- ROLL CALL Moved Seconded Ayes May Absent Abstain lligday -- Meal Vobe1da - Weist 'I L/ Bi lo / v Bradshaw I Otis \ I • • • • - • • AGEN DA ITEM ----- / P RES ENTED BY ? ![_ ~0-G ( ,o ,o'uu ( J" f;,u :y J ROLL CALL Hoved Seconded Ayes Nay Absent Abstain Hlgday v Neal Vobe1da Weist Bi lo v Bradshaw ( Otis ' c MOTION: I . • • - • • P RESENTED BY -------- ROLL CALL Abstain Moved Seconded Hlgday - l / Neal - vobe--,da -v Weis t Bl lo 7 Bradshaw ( Oti s "-. M<Yl'ION: I • • • • - • AG E NDA ITEM ----- Moved Seconded t.- MOTION: c !)' ~C t v Higday Neal Vobe1da Weist Bilo Bradshaw Otis ROLL CALL • • • / 'RE""'"" .1 f/ -L r ~ Ayes Nay Absent Abstain -- ) I ( '-.. I • • • • • AGENDA ITEM -----P RESENTED BY -------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain liTQcfay -Neal - Vo b e1da Wei s t ) v Bllo / t/ Bradshaw I Otis \ MOTION: 7b I • • • • • • AGENDA ITEM ---- PRESENTED BY (JJ.. ,l_.e<y") ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlgdav Neal -Vobe1da ---WeTst -:;:;: ~" Rl lo I v Bradshaw I Otis \.. MOTION: I • • • • • - • ' . • 1e "' AGENDA ITEM ~ (l_-_j (~ PRESENTED BY -------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain -mQTaV Neal Vobe1da Weist ) r Bi lo / ~--Bradshaw 7 Otis "-. M<JriON : • I • • • • • • • AGENDA ITEM __._6_,,'-"U.....,._~. _ / ROLL CALL Moved Seconded Ayes Nay Absent Abstain IITCiOav Neal Vobe1da - wil s t I ...,..-Bi lo I ... Bradshaw ( Oti s " MOTION: I . • • • AG ENDA ITEM (j) to . ROLL CALL Moved Seconded Hlgday v Neal vobe-l(ia -v Wei st Bl lo Bradshaw Otis MOTION: < t~ 7'· ll --;> ! l ¥/ '-It ()\ -&· • • • r PRESENTED BY ? 0.1-<JO -<W Abstain -- ---- 7 ( '-..... ('\ {.,. l'-' a ..:! J -c - • I • • • - • • AGEN DA ITEM __ 1'---a_._ /() /7 P RE SENTE D BY lY--J-~JJ "~I ROLL CALL Moved Seconded Ayes Nay Absent Abstain ll19iJay Meal -vobeida Wei s t / 7 Bllo 7 ~./"" Bradshaw l Otis "-.:.. MOTION: I • • • - • • AGENDA ITEM ::J?~ Hoved Seconded Hlgaay I/ Neal Vobe1da Weist v--Bllo Bradshaw Otis MOTION: Ci~ it z (r '--!.. 1P J(j()) . ROLL CAll • • • PRESENT ED BY @L---.../ Ayes Nay Absent Abstain - ) / ( -"' ) h I • • • • - • • AG ENDA ITEM '17~ P RES ENTE D BY 0::........<:QJ=-·-=:::.:C:c....Ln...l....o.·- ROLL CALL Hoved Seconded Ayes Nay Absent Abstain Hlgday Neal Vobe]da -v Weist v -Bllo Bradshaw Otls MOTION : el I • • • • • • • AGENDA ITEM -----P RESENTED B Y --------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlgday ..... Neal - Vo be1 d a Wei s t - v Bllo Bradshaw -Otis MariON: I • • • • • • AG ENDA ITEM PRESENTED BY ---------- S D 1 ~ (_) __/ (!y r 3 c) 0 J ,0;-c ~ .....__._, ?1SD ---?6-l l CL3 ;(_ t Seconded Ayes Nay Absent Abstain Moved HTQ<fay Neal Vobe da Weist Bi lo Bradshaw Otis M I ON : ? {ll1Cl "-{1...(/~ tJ I • • • • • - • • AGENDA ITEM -----PRESENTED BY --------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain H aaay """"- t--Neal -.,._ Vobeida l4t1 v Weist Bllo Bradshaw -Otis MOTION: c tfl..~--- I • • • • • - • • AGENDA ITEM PRESE NT ED BY ------------ ROLL CALL Hoved Seconded Ayes Nay Ab t sen Ab stain Hlgoay .Q,. Neal Vobeida v Weist v-Bi lo Bradshaw -Otis MOTION: • I . • • • - • • AG ENDA ITEM -----P RE S ENTED B Y --------- ROLL CALL ( / Moved Seconded Ayes Nay Absent Abstain Hlqday Neal Vobe1da Wei s t -Bllo Bradshaw -Otis MOTION: I . • • • - • • AGENDA ITEM P RE S ENTE D BY -------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlgelay v Neal Vobe1da Weist Bi lo ,.....-Bradshaw Otis MOTION: • f"-£ ill ~ I • ._ ( ( ~ I ( l 'c Cl u._ \ • • • - • - AGENDA ITEM -----PRESENTED BY -------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hladav NeaT Vobe1da v Weist v Bilo Bradshaw Otis MOTION: I . • • • - • • AGENDA ITEM -----PRESENTED BY ------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain HTQdav -v-Neal - Vnbe,da Weist ----.., 1/ Bllo ( Bradsh-- Otis - MOTION: I • • • Cv yvt-rY "' & ~~--/ 6 A-t. ri..Lc. t 1f _h /1 1 ~ I -~ 1-93 • • - • • AGENDA ITEM -----PRESENTED BY-------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain "'goay -Neal - Vobejda Weist -Blio Bradshaw -- Otis - MOTION: • I • • • • - • • AGENDA ITEM ----PRESENTED BY ------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlodav y Neal Vobeida Weist y Bllo -Bradshaw Otis - MOTION: I • • • • • • • PRES ENTED BY -------- ROLL CALL Hoved Seconded Ayes Nay Absent Abstain Hlqllay Neal ~ Vobeida Weist J <...--Bllo I ~ Bradshaw ( Otis \ MOTION: I • • • - • • AGENDA ITEM ~ I PRESENTED BY ]I J ,~.tJ. ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hladav Neal Vobeida Weist I-' Bllo ,,.... Bradshaw Otis MOTION : I • • I • • • • • • AGENDA ITEM PRES ENTED BY ----------- )f a_•, ct~~&{ 6 ~./LU-~ ~{}. -fLVl --> 2~ ~~LU Y\ ROLL CALL Moved Seconded Ayes N ay Ab sent Abstain Hlgday Neal Vobe;da Weist ) Bi lo I Bradshaw I Otis \ MariON: I • • • • • • AGENDA ITEM PRESENTED BY O v l'-!x v~ v -w A/ 2 () (; ~ <Ui (L1 -IL &c- & L<L ""' -~/) --v-. Q t 0.-t<~ (_ -z-0 / h t -v v ) e._ - t~~ Cr l 0 L·c ,~.._ t c111 ~f ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlqc:lay Neal Vobeida Weist Bllo Bradshaw Otis MOTION: I . • - • • AGENDA ITEM __:')=--b=--· _ ! PRESENTED BY (o l ~ . ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlgday J/ Neal Vobe1da Weist Bllo v Bradshaw Otis MOTION: • I • • • - • • AGEN DA I TEM ROLL CALL Moved Seconded Ayes HIQ<Iav Neal Vo be,da Weist Bllo Bradshaw Otis - MOTION : • PRESENT ED BY ----- ~-ylr! ,·;4 t Lt Q,rzv-.--- Nay Absent Abstain -----. -- • - I . • • - • • ) AGEN DA ITEM J (__._-PRESENT ED BY -------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hladav Neal Vobeida Wei st Bllo Bradshaw Otis MOTION: • I • • • • • • AGENDA ITEM ~ PRESENTED BY -------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain tllgday v Neal_ VobEnda v We_l_st Bllo Bradshaw Otis MOTION : I • • • - • • AGENDA I TEM ----PRESENTED BY ------ ~;_) ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlgday Neal Vo b e,da Weist Bllo Bradshaw Otis M<YriON: • I . . • ,., • • • AG ENDA ITEM -----P RES ENTED BY -------- ROLL CALL Hoved Seconded Ayes Nay Absent Abstain HIQday Neal Vobeida -- Weist '\ v Bi lo r Bradshaw I Oti s \.. MOTION : 0 v I • • • 1- • • AGEND A ITEM -----PRESENTED BY -------- ROLL CALL Seconded Ayes Nay Absent Abstain Hlgday Neal -Vobe ·da ~ Wei s t ) Blio I Bradshaw I Oti s \ ....... MOTION: I • • • • • • • I ( AGE NDA ITEM PRESENTED BY ------ ./")!_ .-,, ---- 0 ROLL CALL Moved Seconded A yes Nlly Absent Abstain 111Qdav Neal -Vobeid a Weist Bllo Bradshaw Otis MOTION : I . • - • SPECIAL MEETING: • • • COMMUNITY ROOM City of Englewood, Colorado June 28, 1984 jeu The City Council of the City of Englewood, Arapahoe County, Colorado, met in special session on June 28, 1984, at 5:00 p.m. Mayor Otis, presiding, called the meeting to order. The invocation was given by Council Member Higday. The pledge of allegiance was led by Mayor Otis. Mayor Otis asked for roll call. Upon a call of the roll, the following were present: Council Members Higday, Neal, Weist, Bilo, Bradshaw, Otis. Absent: Council Member Vobejda. The Mayor declared a quorum present. * * * * * * * Also present were: City Manager McCown * * * Assistant City Manager Vargas City Attorney Olsen Director of Community Development Powers Deputy City Clerk Owen * * * * COUNCIL MEMBER BRADSHAW MOVED TO OPEN THE PUBLIC HEARING TO CONSIDER AN ORDINANCE ON FINAL READING RATIFYING ADOPTION OF THE ENGLE- WOOD DOWNTOWN REDEVELOPMENT PLAN; RATIFYING CERTAIN FINDINGS PREVIOUSLY MADE AND ACTIONS HERETOFORE TAKEN; APPROVING IMPLEMENTATION OF THE PLAN IN ALL PERTINENT PARTS, AND DECLARING AN EMERGENCY. Council Member Bilo seconded the motion. Mayor Otis asked for those voting in favor to raise their right hands. Ayes: Nays: Council Members Higday, Neal, Weist, Bilo, Bradshaw, Otis. None. I • • - • June 28, 1984 t-Page 2 • • • Absent: Council Member Vobejda. The Mayor declared the motion carried. Executive Director for the Urban Renewal Authority, Sue Powers, was sworn in by the Clerk. Executive Director Power stated the purpose of the hearing was to consider an ordinance ratifying the adoption of the Englewood Downtown Redevelopment Plan which was adopted August, 1982 and amended since. She stated the ratification would be a show of support for the plan prior to the delivery of bonds to the Urban Renewal Authori- ty. She requested the plan, incorporation of the proceedings of City Council minutes of August 23, 1982, March 19 and 26, 1984, and April 10 and 30, 1984, and the findings of blight that were determined by Council on August 23, 1982 be entered into the record. Ms. Powers also displayed a graphic resembling the subject area. Council Member Neal asked regarding blight in the last tax year, was there a decrease or increase in tax collections. Executive Director Powers stated there was a decrease but this excluded Cinderella City. Council Member Higday asked if the study on the subject area o indicated continuing decreases. Executive Director Powers stated there was a study by Brown, Bortz, and Coddington indicating if nothing was done in the downtown area the trend would continue to decline. Ms. Powers stated the study indicated city services were costing more than revenue being generated downtown. City Attorney Olsen asked if there was anyone present to cross- examine Ms. Powers. No one responded. COUNCIL MEMBER NEAL MOVED TO INCLUDE THE ENGLEWOOD DOWNTOWN REDEVELOPMENT PLAN AND THE FINDINGS OF BLIGHT INTO THE RECORD OF THIS OFFICIAL PUBLIC HEARING. Council Member Higday seconded the motion. Mayor Otis asked for those vot i ng in favor to raise their right hands. Ayes: Nays: Absent: Council Members Higday, Neal, Weist, Bilo, Bradshaw, Otis. None. Council Member Vobejda. The Mayor declared the mot i on carried. I • • - ( ( • June 28, 1984 Page 3 ,. • • • Steve Bell, Hanifen Imhoff, Inc. 1125 Seventeenth Street, ap- peared before Council and was sworn in by the Clerk. Mr. Bell reported on the following day Hanifen and Boettcher would be delivering $10 million to the Urban Renewal Authority for funding of Phase I of the redevelopment project. Mr. Bell thanked Council for the ability to participate in the project; subject project being good for the City. Council Member Higday commended Mr. Bell and Hanifen, Imhoff for their efforts on this project. There were no questions for Mr. Bell. Roberta Wilson, 1411 E. Cornell Place, Vice President of the Englewood Board of Education, was sworn in by the Clerk. Ms. Wilson read a statement from the Board endorsing tax increment financing for the ~ noting that initially the school district would not experience any increase in property tax revenue through tax increment financing. However, the project would ultimately benefit the school district as well as the entire community through increased property values. Ms. Wilson read the Board of Education was pleased with the completion of the high school detention pond noting this project was an intregal and vital part of the revitalization of downtown in flood control for the city. Ms. Wilson continued the plan was necessary to the future economic health for the City of Englewood. There were no questions for Ms. Wilson. There were no other comments. COUNCIL MEMBER HIGDAY MOVED TO CLOSE THE PUBLIC HEARING. Coun- cil Member Bradshaw seconded the motion. Mayor Otis asked for those voting aye to raise their right hands. Ayes: Nays: Absent: Council Members Higday, Neal, Weist, Bilo, Bradshaw, Otis. None. Council Member Vobejda. The Mayor declared the motion carried. ORDINANCE NO. 23 SERIES OF 1984 BY AUTHORITY COUNCIL BILL NO. 22 INTRODUCED BY COUNCIL MEMBER NEAL I • • • June 28, 1984 Page 4 • • • AN ORDINANCE RATIFYING ADOPTION OF THE ENGLEWOOD DOWNTOWN REDEVELOPMENT PLAN; RATIFYING CERTAIN FINDINGS PREVIOUSLY MADE AND ACTIONS HERETOFORE TAKEN; APPROVING IMPLEMENTATION OF THE PLAN IN ALL PERTINENT PARTS, AND DECLARING AN EMERGENCY. COUNCIL MEMBER NEAL MOVED TO PASS COUNCIL BILL NO. 22, SERIES OF 1984, ON FINAL READING. Council Member Higday seconded the motion. Mayor Otis asked for those voting aye to raise their right hands. Ayes: Nays: Absent: Council Members Higday, Neal, Weist, Bilo, Bradshaw, Otis. None. Council Member Vobejda. The Mayor declared the motion carried. City Attorney Olsen noted the time that the vote was taken was 5:20p.m.; and requested a second roll call where the Clerk polled each Council Member verbally and individually. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Neal, Weist, Bilo, Bradshaw, Otis. None. Council Member Vobejda. The Mayor declared the motion carried. City Attorney Olsen stated pursuant to notice this open hearing was conducted, and Dorothy Dalquist of the staff was present out in the hall to direct any potential parties arriving at City Hall to the hearing so everyone was afforded the chance. Mr. Olsen complimented City Council for the unprecedented additional opportunity for public input into this entire process. There was no further discussion. COUNCIL MEMBER HIGDAY MOVED TO ADJOURN. Mayor Otis adjourned the meeting without a vote at 5:23 p.m. • I • • - ( • • REGULAR MEETING: • • • COUNCIL CHAMBERS City of Englewood, Colorado July 2, 1984 lb The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on July 2, 1984, at 7:30 p.m. Mayor Otis, presiding, called the meeting to order. The invocation was given by Father Francis Kappas, All Souls Church, 4950 South Logan Street. The pledge of allegiance was led by Boy Scout Troop 192. Mayor Otis asked for roll call. Upon a call of the roll, the following were present: Council Members Higday, Neal, Weist, Bilo, Bradshaw, Otis. Absent: Council Member Vobejda. The Mayor declared a quorum present • * * * • * • * Also present were: City Manager McCown * * * Assistant City Manager Vargas City Attorney Olsen Assistant Director of Community Development (Planning) D. Romans Deputy City Clerk Owen * * • * COUNCIL MEMBER WEIST MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF JUNE 18, 1984. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Ne al, We i st, B i lo, Otis. Nays: None. Abstain: Council Members Higday, Bradshaw. Absent: Council Member Vobejda. I • • • July 2, 1984 Page 2 • • • The Mayor declared the motion carried. * * * * * * There were no pre-scheduled visitors. * * * * * * * * Mayor Otis asked if there were other visitors wishing to speak to Council. Jim Welsh, 415 West Dartmouth Avenue, came forward. Hr. Welsh discussed the notice he received on curb and gutter concrete replacement. The subject area was once an RTD bus stop and when the bus stop was re- located, damage was not repaired. Hr. Welsh stated he had no control over the damage that was left. Mayor Otis noticed Mr. Bueno from Engineering Services was pre- sent to take notes on this subject and would prepare a response at a later time. Dennis Ellingson, 3255 West Chenango, came forward and discussed the notice he received. Mr. Ellingson reported he found out the area in which he lives was annexed to the City of Englewood but never recorded at the County. Mr. Ellingson stated he was interested in receiving a copy of what the City was offering as a result of the annexation. Council Member Neal explained the concrete replacement program was a separate issue aside from paving district programs if that was what Hr. Ellingson was referencing. Council Member Neal explained the pro- perty owner was responsibile for repair in this case. City Attorney Olsen stated annexations do not have to be re- corded in order to be in effect. Mr. Ellingson stated he contacted a separate contractor and discovered the contractor was cheaper than the City. Council asked City Attorney to research. Craig Segal, 3701 South Galapago, came forward. Hr. Segal stat- ed the deterioration on Kenyon Avenue was due to City equipment removing ice in the winter. Mr. Segal stated the drainage has been poor since the 1950's, and inquired about creating a storm sewer district. Mr. Segal stated the water runs down the sidewalk and not the gutters which causes the damage. • I • • - ( ( • • July 2, 1984 Page 3 • • • Mr. Glen, 3097 West Chenango, came forward. Mr. Glen reported a single-family dwelling with 27 people living in it and the problems that have developed as a result. Mr. Glen asked why enforce one ordinance (the concrete replacement program) when others were not enforced (the living situation he cited). Council asked Mr. Glen to leave his telephone number with Assistant City Manager Vargas before leaving. There were no other visitors at this time. "Communications -No Action Recommended" on the agenda were: (a) (b) (c) (d) Minutes of the Parks and Recreation Commission meeting of May 10, 1984. Minutes of the Planning and Zoning Commission meet- ing of June 5, 1984. Minutes of the Water and Sewer Board meeting of June 12, 1984. Minutes of the Englewood Public Library Advisory Board meeting of June 12, 1984. COUNCIL MEMBER BRADSHAW MOVED TO ACCEPT "COMMUNICATIONS -NO ACTION RECOMMENDED" AGENDA ITEMS (A)-(D). Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Neal, Weist, Bilo, Bradshaw, Otis. None. Council Member Vobejda. The Mayor declared the motion carried • * * • • • • • COUNCIL MEMBER BRADSHAW MOVED TO APPROVE THE PROCLAMATION DE- CLARING THE WEEK OF JULY 15-22, 1984 AS "COLORADO RECYCLING WEEK." Coun- cil Member Weist seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Weist, Bilo, Bradshaw, Otis. None. I • • • • July 2, 1984 ~ Page 4 • Absent: Council Member Vobejda. The Mayor declared the motion carried. RESOLUTION NO. 25 SERIES OF 1984 * * * * * * * A RESOLUTION ESTABLISHING FEES AND CHARGES FOR THE ENGLEWOOD MUNICIPAL GOLF COURSE. COUNCIL MEMBER BRADSHAW MOVED TO PASS RESOLUTION NO. 25, SERIES OF 1984. Council Member Higday seconded the motion. COUNCIL MEMBER NEAL MOVED TO AMEND THE MOTION UNDER SECTION 1, B, DAILY GREEN FEES FOR 18 HOLES LEAVING THE GREEN FEES FOR RESIDENTS AT $6.75 AND FOR SENIOR RESIDENTS AT $4.50 . Counc i l Member We i s t s e conded the motion. Upon a call of the roll, the vote on the amendment r e sulted as follows: Ayes: Council Members Neal, Weist, Bilo, Otis. Nays: Counc i l Members Higday, Bradshaw. Absent: Council Member Vobejda. The Mayor declared the am e ndment carr i ed. COUNCIL MEMBER BILO MOVED TO AMEND THE MOTION UNDER SECT I ON 1, B, DAILY GREEN FEES BY CHANGING THE GREEN FEES FOR NON-RESIDENTS TO $5.00 FOR 9 HOLES AND $8.50 FOR 18 HOLES. Counc i l Me mber Neal seconded the mo t ion. Upon a ca l l of the roll, the v o te o n the amendmen t resul t ed as f ol l ows: Ayes: Council Members Neal , Bilo. Nays: Council Members Higday , Weist, Bradshaw, Otis . Absent: Council Member Vobejda. The Mayor declared the amendment defeated . Upon a call of t h e roll , the vote on the original motion r e-sulted as follows: Ayes: Council Members Higday, Neal , Weist, Bilo , Bradshaw, Otis. • I • n - • • July 2, 1984 Page 5 Nays: Absent: • • • None. Council Member Vobejda. The Mayor declared the motion carried. * * * * * * * Mayor Otis presented a letter from the Chairman of the Housing Authority Board of Commissioners concerning a request for participation in requesting HUD funding on Project Self-Sufficiency. COUNCIL MEMBER BRADSHAW MOVED TO DELEGATE THE HOUSING AUTHORITY TO SET AS THE TASK FORCE FOR PROJECT SELF-SUFFICIENCY. Linda Knopinski of the Englewood Housing Authority/Community Development Department came forward to answer questions on this appli- cation. Ms. Knopinski stated the regulations do not allow the Authority to act as the task force; however, there must be Housing Authority repre- sentatives on the task force committee. Ms. Knopinski stated the Au- thority would provide assistance in selecting other members to complete the committee. City Manager McCown suggested the task force committee be de- veloped and formation be ratified by City Council at the next regular meeting on July 16. Council Member Bradshaw withdrew her motion. COUNCIL MEMBER BRADSHAW MOVED TO AUTHORIZE THE CITY TO SUBMIT THE APPLICATION FOR PROJECT SELF-SUFFICIENCY. Council Member Bilo sec- onded the motion. Upon a call of the roll, the vote resulted as fol- lows: Ayes: Nays: Absent: Council Members Higday, Neal, Weist, Bilo, Bradshaw, Otis. None. Council Member Vobejda. The Mayor declared the motion carried. * * * * * * * BY AUTHORITY ORDINANCE NO. COUNCIL BILL NO. 7A I • • ...... • July 2, 1984 Page 6 SERIES OF 1984 A BILL FOR • • .. (7-2-84) INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE APPROVING AN AGREEMENT WITH THE SOUTHEAST METROPOLITAN BOARD OF COOPERTIVE SERVICES FOR MEDIA CATALOGING AND PROCESSING. COUNCIL MEMBER BRADSHAW MOVED TO APPROVE COUNCIL BILL NO. 7A (7-2-84), SERIES OF 1984, ON FIRST READING. Council Member Neal seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Neal, Weist, Bilo, Bradshaw, Otis. None. Council Member Vobejda. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1984 * * • * BY AUTHORITY A BILL FOR * * * COUNCIL BILL NO. 7B (7-2-84) INTRODUCED BY COUNCIL MEMBER HIGDAY AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF ENGLEWOOD, COLORADO, BY ADDING A NEW SECTION CONSITUTING A PORTION OF THE COMPRE- HENSIVE ZONING ORDINANCE FOR THE CITY OF ENGLEWOOD, COLORADO, FOR THE PURPOSE OF PROMOTING THE HEALTH, SAFETY, MORALS AND GENERAL WELFARE OF THE COMMUNITY; TO REGULATE, PERMIT, CLASSIFY AND RESTRICT THE APPEARANCE, SIZE, CHARACTER, AND HEIGHT OF FENCES; WHICH ORDINANCE IS ADOPTED PURSU- ANT TO THE CONSTITUTION OF THE STATE OF COLORADO AND THROUGH THE EXERCISE OF POWERS GRANTED AND ACQUIRED IN THE HOME RULE CHARTER ADOPTED IN 1958 BY THE CITY OF ENGLEWOOD, RECOGNIZING THAT ZONING IS ULTIMATELY A LOCAL AND MUNICIPAL MATTER, THE INTENT OF THIS PORTION OF THE COMPREHENSIVE ZONING ORDINANCE BEING TO SUPERCEDE WITHIN THE TERRITORIAL LIMITS AND OTHER JURISDICTION OF THE CITY OF ENGLEWOOD THE GENERAL LAW OF THE STATE OF COLORADO IN CONFLICT HEREWITH, AND PRESCRIBING PENALTIES AS SET FORTH IN THE MUNICIPAL CODE OF THE CITY OF ENGLEWOOD WHICH SHALL APPLY TO VIO- LATIONS OF THE PROVISIONS OF THIS ORDINANCE, AND DECLARING AN EMERGENCY • • I • • ( • July 2, 1984 Page 7 • • • COUNCIL MEMBER HIGDAY MOVED TO PASS COUNCIL BILL NO. 7B (7-2-84), SERIES OF 1984, ON FIRST READING. Council Member Weist sec- onded the motion. Assistant Director of Community Development (Planning) Dorothy Romans was present to answer questions. COUNCIL MEMBER NEAL MOVED TO AMEND THE MOTION IN SECTION 16.9 A FENCES AND RETAINING WALLS BY EXCLUDING HEDGES AS A FENCE. Council Mem- ber Bradshaw seconded the motion. Upon a call of the roll, the vote on the amendment resulted as follows: Ayes: Council Members Higday, Neal, Weist, Bradshaw. Nays: Council Members Bilo, Otis. Absent: Council Member Vobejda. The Mayor declared the amendment carried. COUNCIL MEMBER NEAL MOVED TO AMEND THE MOTION IN SECTION 16.9 C 9 BY ADDING AT THE END OF THE ENUMERATION THE FOLLOWING "APPEALS OF SUCH DECISION SHALL BE DIRECTED TO THE BOARDS OF ADJUSTMENT AND APPEALS." Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote on the amendment resulted as follows: Ayes: Nays: Absent: Council Members Higday, Neal, Weist, Bilo, Bradshaw, Otis. None. Council Member Vobejda. The Mayor declared the amendment carried. COUNCIL MEMBER NEAL MOVED TO AMEND THE MOTION IN SECTION 16.9 F BY ELIMINATING NUMBER 5. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote on the amendment resulted as follows: Ayes: Nays: Absent: Council Members Higday, Neal, Weist, Silo, Bradshaw. Mayor Otis. Council Member Vobejda. The Mayor declared the amendment carried • • I • ( ( ( • July 2, 1984 Page 8 • • • COUNCIL MEMBER BILO MOVED TO AMEND THE MOTION IN SECTION 16.9 C 2 BY STRIKING THE LANGUAGE AND SUBSTITUTING THE FOLLOWING "SIDE YARD FENCES BACK OF THE FRONT BUILDING LINE MAY BE OF ANY CLASS BUT SHALL NOT EXCEED A HEIGHT OF SIX (6) FEET OF SAID DWELLING TO THE BACK PROPERTY LINE." Council Member Neal seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Bilo, Bradshaw. Nays: Council Members Weist, Otis. Absent: Council Member Vobejda. The Mayor declared the amendment carried. There were no further amendments. Counc i l Member Bi 11 No. 7B ( 7-2-84) on ing on August 6, 1984. second. Upon a call of Higday stated his original motion to pass Council firs t reading also should call for a public hear- Council Member Weist accepted the addition to his the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Neal, Weist, Bilo, Bradshaw, Otis. None. Council Member Vobejda. The Mayor declared the motion carried • • • • • • • • City Manager McCown presented a Council Communicat i on concerning an award of contract for erosion repair on Little Dry Creek. Hr. McCown recommended award to Ditch Cleaning Specialist, Inc. based on their bid price not to exceed $5,800. Mr. McCown further recommended budgeting $11 ,800 for this project which would include work by the contractor, materials, asphalt repairs, and contingencies. COUNCIL MEMBER BILO MOVED TO AWARD THE CONTRACT FOR LITTLE DRY CREEK EMERGENCY MAINTENANCE WORK TO DITCH CLEANING SPECIALISTS, INC. FOR LABOR COSTS NOT TO EXCEED $5,800 AND TO BUDGET FOR THIS PROJECT $11,800. Council Member Weist seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal , Weist, Bilo , Bradshaw, Otis. I • • July 2, 1984 ( Pag e 9 Nays: Absent: • • • None. Council Member Vobejda. The Mayor declared the motion carried • • • • • • • • Council Member Bradshaw asked that the council bill regarding I-1 Light Industrial zoning be prepared and presented for first reading at the next regular Council meeting on July 16. • • • • • • • No further business was discussed. COUNCIL MEMBER HIGDAY MOVED TO ADJOURN. Mayor Otis adjourned the meeting without a vote at 8:53 p.m. ~Y~<~ ( • • I • • • Houalng Authority City of Englewood July 10, 1984 The Honorable Eugene L. Otis Mayor, City of Englewood Members of Englewood City Council 3400 South Elati Street Englewood, Colorado 80110 • • - Dear Mayor Otis and Council Members: 3400 S. Elat i Street Englewood ,Colorado 80110 Phone (30J) 761-1140 At the July 16, 1984, Englewood City Council Meeting, I will present a check made out to the City of Englewood in the amount of $19,945.84 which covers a Payment in Lieu of Taxes (PILOT) for Fiscal Years 1982 and 1983 on the Englewood Housing Authority's Low Rent Public Housing Projects C0048002 and C0048003, better known as Orchard Place and the Duplexes. The Cooperation Agreement executed by the City of Englewood and the Englewood Housing Authority on January 17, 1979 states: Under the constitution and statutes of the State of Colorado, all public housing projects are exempt from all real and personal property taxes levied or imposed by any taxing body, but that the Local Authority shall make annual payments in lieu of taxes for the public services and facilities furnished from time to time without other cost or charge for or with respect to such project. This payment is to be made after the end of the fiscal year established for the project and s h a 11 be i n an amount e qua 1 to ten percent ( 1 0 %) of the Shelter Rent actually collected. The Englewood Housing Authority appreciates the support and cooperation of the City and is pleased to present this payment to the City. s~~terely. Qj'\-- fl! 24-rfi:(l/JtCJ-- 1 A/Js1 J~ll n'S, Chairman Englewood Housing Authority Board of Commissioners cc: Andy McCown Pete Vargas EHA Board of Commissioners Robert J. Sylvester, CPA TB/FBJ/mar • I • • • • ................... ........... . . ....... .. I . . • • - ( • • • • • C 0 U N C I L C 0 H H U N I C A T I 0 N DATE Ju ly 12, 1 9 84 INITIATED BY AGENDA ITEM gc_. City Manager SUBJECT Recommendation of Award For Concrete Replacement Program ACT I ON PROPOS ED_--.~R;loleo;doiJuoiJcoJe.._.sO!;co.:o~o~,p~e....lllo-*f~w~o~r~k._sa!.!n~d!....!a~w:.!a~r~d:!.....:o:!.n!.!.:!;.l.l:.Y~R~T.=D~r.,::e;,a;p~a~i:.:!r:..:s~t:;:o~C::;:o:::;n~c=-=.r.=e.:t.=e_ BACKGROU ND On June 18, 1984, City Council authorized the mailing of 30-day concrete repair notices to numerous property owners. For those who do not plan to repair their concrete within 30 days, their concrete work was bid along with RTD repairs on July 9, 1984. The following bids were received: 1. Patterned Concrete 2 . REM Construction 3. Concrete Works of Colorado 4. Technology Construction 5 . Stackholm Development 6 . Engineer's estimate RECOMMENDATION The budget for this project is: RTD City Budget total City & RTD $ 91,407.00 95,521.40 95,949.50 129,500.50 154,534 .25 77,300.00 $25,488.00 50,000.00 $75 .488.00 RTD On ly $27,872.00 29 ,066.28 24 ,335 .00 30,855.5 0 Bid incomplete Because the low total bid is $91,407.50,and over our budget, we recommend that the contract be reduced to include only the RTO work, and awa rding it to Concrete works of Colorado in the amount of $24 ,3 35.00, which requires higher labor rates than the City . We hav contacted Concrete Works of Colorado to make sure they will honor th unit prices bid on the smaller contract amount, and they agreed to do so. an effort to reduce the City con cret repa ir costs within the budget, w propos r -bid our work imm diately without RTD 1 bor rates . • I • • • • • i=ATTERNED =ONCRETE 3729 SOUTH SANTA FE DRIVE I ENGLEWOOD. COLORADO 80110 I C3031 7 ... 11H *** 1 . 9 1,407 .00 2. 95,521.00 3 . ')5,94 9.00 4.1 29 ,500.00 5.154,5 34 .00 City of Englewood Concrete Repair Program 7-9-84 PATTERNt:D CONCRETE OF COLORADO, I•C. REH Construction Concrete Works of Colorado Technology Const. Co. Stockholm Construction Co. Engineer's Estima te 70,5oo.oo 1 , ' -·~,-(' l ·-.._ .... ( t-.:. J .. ' Copy to Co-.e rcia1 Insuran ce SOrv1ce I t ;I . i '· • •.I t ;t I . Item 1\o. ]. 2. J. 4. 5. 6. • • .. - Description and Price '...,rL1 c.:ul curi.J & gut.te~u"-tlli c.:l: pan at. till· unit price o r ~- ' /7 dollars and .~~ cents (~ per linea l ft . Vertical c urb & gutt e r with 8" thi c.:W n .. t the /2:-n;:/t= unit price of dollars cents (~ __ /--;~-:·:__ ___ ) per lin~·al fl. v._,rtic;,J c urb & ~;utter with ~· - wi dt.·, R"-ttdck pan with dollar s .:.ncl c ents ($ .£f~~> ) ~lono l i thil' v<:t LJ c ul cu .-1., 1> yuL L.:r W/Lo''- Liol c Y. 1-a•• and 4' walk 2tack....-.- at the• unit price CJf .,._..._~""-"-.G....:.t.-JJ-+"T dollars and & cen ) ( $ ,-{?-:;-:: per lineal 1 t.l- D.lh fe~· E tcr , d wa k un p e o a s n en w;B"- ($ ) per lineal ft. Type the unit price of . dollars and ($ I I~ {I'~ ) per linea] foot. -l- Estimated Quantity 1300 L.F. 134 1.. r. 114 L.F. 11 L.F. 60 t.F. 950 L.F. • Est11118ted Coat s &v , $ $ $ L.i.l.uO , I I • ~ _, 7. I:L 9. 10. II. • (!;> •• i ) pc r 1 i ne;. l f oo I . f," l"<•IILidoc ,._jJ L'W.//l Lih Hllit }Jri t 't.:" uf ~~---- J __ t 'l!Ot ~ (~ ______ _ ) per &qua re ft. t1 11 Cl l i ::,S pan With mt.·:>IJ ill l)h.' / u n i L p r ic::L· u f ..,,""Z"'''-'''-''------ d u ll-.r ;, anJ L{· cc:nt::. ) p(·r !-t<j U ~lr(• f 1 . h~mo v~ vertical curb ~ gutter a t the unit price of ~·"'£_.4~'-'r""'t''------- M 4 .. dollars and -t:v ($_~,~~~~----> per lineal ft. cents -4- • • • estimated Quanti ty 28] L .F . 5!17 ~;.F. 'II ' . F. 450 S. F. 1516 L.F. • Estimated Cost $ /7t'l I $ --3L"- $~ " I • • - • • £stima t~d Es tima ted lt.:,m No. ~Cri t j ()Jj and l'r j C<· _!J u a.n tl~ Co s t ----..::. --- J'l J :t'IIUI V t.• "' hw .. d k :Jl tl•c -~ UJ!j l f.J r j Li.: "' /-~· '7 doll;,r,; c.and --{.~ ct..•nts -~(, I s_Afff'~ ($-.,LL_~) pt.r linea] foot. l:J76 L.r. / 13. l<cmov., conc r e te si d e ~oralks and i dr 1vc~or;.ys at the unit price of I / A~_,--dollars and {." /(( cents ($ ,..,::::.._ ) --~----~--- ft. JI L:I" t.qu~rl.• I 1 ]9J S.F. $ zt.l_~ t i 14. J.t.'lllli V(. ('ll nl· rt. t ... • ro sspa n a c t '" -~ .Jut lur:, IIJt it Ill L ·,. <>I -'L'.:z _ --/~/ c2 ·, r .llfd • .L...-:-.. .... ,.,,. ~ fH 'I .. ,.,., ....... f t. ..d':_l~ --=-~~~4 S .I . $ 1!1. !;..Jw Lone rt:t ,. J or rcnJOvu 1 <H tlu· I. unit pri c e of ~-/ .._:...("...-,..:t::: I . d o llo'~,;'"' ~ """ ~~:..L~ ~ ) ' ($4 { -L')'-p lineal ft. 272 L.F. $ I • • 16. Re110ve asphalt at the unit price • of 4v dol bra and d ov cent a CS,.L - per s quare ft. 897 S.F. $ &?.d;: -!>- • • Item 1\o . j 7 . 1 8 . l 'J. 20. 21. • • • • l h ·hc: r J p t j . •n and l'r i C<· (;· __ L__ ) p e r to ~. A,,pho.J t p<!l c hin b (flat !'lix ) u nit pri Cl ' of 4.!'~ (•. ,I'! t'-J ( __ t :cnts a t lh<: 1\tljU!".L l..il l ll I!.J .i ll •• t tla · 1 1~11 t ./ ./ / ( 111 i ( l t•l , 1._.!.1! /(': /!_!d .f..L"Ht \J };J J-:, / L __ u:n t ~ u,_:~ _:_ ___ > JH I t ' H l1 Cn tb l ru < 1 <.d t ch ba s Jn iul.-t , 1.·/8" pdn n~t·~f!'f!I!D ~ t E.uni ii.c • · d ol lars and cents ($ ____ _ each. 18" storm sewer pipe (RCP) Clasb at the unit price dollars and per • lineal ft. (Indudeh squ I:'Je t.c.o 7-. ~ / ' :.. J - [stirro.teu • Qu-.n tit y 46.5 Ton I ~::,. 1 ea. ~ L.F. • Estimated Cost $_-"7:._::~=-.'_c~ $ !I ' :, ~I I • • - .tm l'O o . 22 . 2 3 . 24 . s. • • lw sc ript i 01 1 ilnd i'r icc· (~ ·~I ) pe r each PliJC<-sud ut th " u11it pri ce o t JJulliJTS ~ c·;,n t s ($ _ ____/_ ') .__.. __ Ty p<· t l , 6 " c u r bw:~l k '-'l th e I JI&i l d u lla r , <.t nd ' ... (~-~:...:'~ /~;;_ .z; Z~: d6, L cen t s ')' ) I ll r 1 i u v a I Nonu J i t liic v.:ni t:;,tl c urb & g utt, r ~o~l th o"-tlli t:k pan and 4 ' Wd)k("." thiLk ~~u nit price /"(-'~Doll a r s oyt:r;.-C &f / cents I , p e r l i neal foot. -7- • • • Estimated Quantity l e a . 2SO S . F. 16 L .F . 50 L.l>. • $ Estimated Cost 1 I • • • • • ut t.Ja uru t t/ { d ... .oll ar ,. J J J C"l 1 ta. J ( ..J. i.. t t 'l t.. U !,J t. } J J l \." o: ;£~~.;:; •.. :~ '\J ol . ) I '' ) J 1 1\ o..~J f L•t •t • 3 u . J. .. ! • \. J :I !.. t.. \-:l..l J 4 j '- 1.1 . _______ dollc-..r~ ar,d ( ~---.:(;.fir.o:t"-._·_·_=-· __ _ ; / s,.~:r 1J.neaJ foot. (In=ludts squeege to springline.) 68 L.r. Total Bid Price ----------------------------------------------------- -&- • • L :c tJ.rna t td Cos t •''' ;. 1 I /. I i l I I • • • • • ITEM DESCRIPTION UNIT APPROX. OUANTITY VE~T. C. vrh tGJ/Ier h '' l7 134 3 vc 4 b Is , kn 3 II 114 4 4 '' Mt:»/n s ., 8 4'' <;,,.,.,., ,.. 8 '1 X· PQJI w/ ~ne.sh ~· 0 ' 11 X· Pc.Ln .,'f mes.h 131 II IL 1 1~7 114 'as ... . .,.s •• I'Z. J~ot: C.8. v v- lz.l /8 II le..C.P. so 1-" r .I. lk ::0:: L;ons1"· C,6. 8"A.n ' L.Dn.s '"· C. 8 .----=6-", ~~·~n.L-...J----+--+1 -=-1 -----i r ..AD.S1. 11 Jl. ' 1 1!.0 JZ. II ~. C .P. I..S I TOTAL FOR SECTION "8" I TOTAL AMOUNT OF 810 • • UNIT PRICE AM(}(). t------+----·- I . . ,. • I I : -,....,_I \.....) • UNIT AMOUNT PRICE O.ba I no.oo 'az.oo I u.na.oo 2A.oo 12..7!6.00 -I --I - IW.Oft ~~.DO -i - l ~..nn 1111.-a """ 110.00 ;tIt) • Ot"lo ·~.aD ·~-00 1 ~.nn II")O.Oft '•o.~ t4?.R.sc z.en SJZ..OO !~.so .,110.00 l 3.so AD.SO 1 .. 00 "JIS.OO -- Jtto.oo lo&o.oo ----~AA. ~"&50.00 'loo.oo ~..no •. so 'J'7S.OO -- I --s.----aoco.oo lz.--z.aoo.oo lt.,oo.oo z..,oo .. ec ozo.oo 10~.~ 140 .. 00 Z7ZO .00 i I I : I I I I 1. ~'7' 872 .oo - PAnEANEI> . AETE CoNe. 781-IJ2.'/ • • • UNIT AMOUNT PRICE ·~-00 'Z.04.oo 13 . .,~ 1 19~ aJ.oo ~"){.z.oo ---- lto4."JS 134.1.3_8_ -- 1 ~ • .,0 ll..,:J.40 l o~.cts I IS ::I ._4S' i <t.2S 11>1· 7S ~."IS l tMS.SO A.~ l tOCNtoDO 1-1.0 i .ollloct.Eao ~so :.~.,2..~ <1111.15 .,SAS "&-Z.S 1'-DA."')S -- 1'10.00 .. ~_,.,.. ---- L.l!'\. ~ ~.LlO -....s.oo _tM!bOO 'Z..~ 6'25.00 --- 16.00-oe 1600~ ·---l~c-oo IUO..QO l'a.SO•OO ~-so ... 4104.£0 sz.oo ~s~_ I I I I I I ~~.o ..... 'Z9 ~EM CoiiiS.TRa.cn.,.a 762-092, • ~NII,... r'tr/CJI:. AMOIJN I !iLDO 2..04 .00 !a~.oo 1')4Z. .00 'Z.I.OO t..J't4 .00 ---- 2.3-oo !§.~..~.~ -- ~-00 ,,., .... Oft Js.oo l a~s: .co IA.SO .~.,.so 1 ~.00 'a.4o4..oo l.,.oo j q!!;ill,~ L~-oo 1 SI2.00 !z .. oo l .,~.ftft l a.oo LA- l z.oo -.. -..... ---I - lJooA>O 1 12.~.00 -I ---~00 l ~.ao 1100.00 aoo.oo I I.Cb I z..5iOft • eo ---- l&oo.oo 1·-- 'I"JJo.oo I I')CIIO • .O ~~.eo ·~-~ ·zs.oo 1az.!!O:.~ t.....-2.')28 00 l I I -~ ' i . .i i I ·, t l ~.~~soo CoHc.a£.T& woltiC.~ 6S9-BoJ.S • • fn'f& AMOUAT n.oo z.act.on ?D.oo IZAAO.oo i ~.oo l ~ctCto.co ----I3S.oo B57.SO -- 13-oo 1338..00 I a~ lue.oo ~.oo 1 1~&-00 ~.oo '• 1')0.00 10·00 n'?o..oo }.SO l ~.ao_ ~-00 ...OA "'- 5.00 us.oo 1.00 71S:.OO -' - ·100·00 '• ~ _... 1V"t. -! --I - _3()._00 JSOi)-~ 1 I ~~-00 ~CO .. CO .• 00 'Z.SO.oo - ---·3ooo.oo 30CO .. oo 1z.8ao.oo zaoo.oa ~cco.oo ~-Oft SO.oc; 'Z450.00 .. c,..,.. ~060-~ I : ' 1 ! I I --30. 855 ..so _ - TEc.tt N~'( C.cN$11t.UC.TfoN 433-7 331 • • - ,JJJJ& AMOUNT Ill ,t;O l 1q~ .SO lu ... o IIS"CM.&o t.,.so lsl!.s.oo ---- IC' _n.o. ~,.,.so -- 12,.'-C) 115~-'-0 s.so 1"70.50 !r.IO IS&.IO Ita. so 1 41~~a,.oo iz., .. so ~.,,.,.so 14-'S J2.l!.J. 'U> !4.CIJS l't40.4o •• co ttz.oo i2.sa l"l&7.SO -- ~~-00 1800-00 ----:ao.oo 4.oco.oo ISOO ISOO .CI() ·I-50 ~"7t:;.oo ---- 1 \ ~ o,..~e. ::i. ""' r _ :bel\' ... ... I ..,/ ~'n 1~,-......- ~·L !-"'"! - I I 1 i I I I STAcJC.~ 0£\/~T rtd.S-4123 • ttf& AMOUNT --- - -- -- ---- ' --i -- I i. I . • • • • ·--~ --~-· -------- p'flf& AMOUNT p~'f& AMOUNT • -------- ---- ----\ ----\ --- - i --I ---- - - I . • • c . 0 J • NAME ADDRESS . - • .) • • ) • PUBLIC HEARING Before The CITY COUNCIL ~ on . ;qg~-~ &udt-- TELEPHONE OBSERVER I I WISH TO ADDRESS THE CITY COUNCIL IN FAVOR IN OPPOSITION NO POSITION • • I • PUBLIC HEARING Before The ~ ----[ '. .• 11 . -~CI~ ' <::..:::T ~ . 19 K0' I WISH TO ADDRESS THE CITY COUNCIL NAME ADDRESS TELEPHONE OBSERVER IN FAVOR IN OPPOSITION NO POSITION • • ~----~--- • • • - ( • • • • BY At1I'HORITY ORDINAOCE NO. __ _ SERIES CF 1984 A BILL FOR COUNCIL BILL NO. 25 I'trrROC:IXI'!:Jl BY a:JU!CIL MEMBER , f\:d v f._ -v-/ AN ORDINAOCE AMENH~ THE MtiJICIPAL (X)[)E CF THE CITY CF EN;{.J!loJOOD, BY AOOI~ THERETO A ~ SEX:'I'ION 16.4-13 [LIGfl' INDUSTRIAL], TITLE XVI, <n1PREHDISIVE ZONI~ ORDINAOCE, TO REnlLATE USES IN THE I-1 ZCNE DISTRICT, Atoll TO Aum M<EILE HC.'t'IE PARKS AS A PERMITTED PRIOCIPAL USE; WHICH ORDINAOCE IS 1\00PTED PURSUANT TO THE COOSTITUTION OF THE STATE CF OOLORAOO Atoll 'lliROUGi THE EXER:ISE OF ~ GRANTED AND JICOOIRED IN THE HC.'t'IE RULE OiARTER 1\00PTED IN 1958 BY THE CITY CF EHiLJ!loJOOO, REX:OGNIZI~ THAT ZONI~ IS ULTIMATELY A lOCAL AND MUNICIPAL MATTER, THE I'trrENT CF THIS PORTION CF THE <n1PREHDISIVE ZONI~ ORDINAOCE BEI~ TO SUPERSEDE WITHIN THE TERRITORIAL LIMITS MD OTHER JURISDICTION CF THE CITY CF EN;{.J!loJOOO THE GENERAL LAW OF THE STATE CF OOLORAOO IN CONFLICT liERaJITH, REPEAL!~ PORTIONS CF ORDINAOCE NO. 26, SERIES CF 1963, AS AMENDED, Atoll PRE&:RIBI~ PENALTIES AS SET FORTH IN THE MUNICIPAL (X)[)E CF THE CITY CF EHiLJ!loJOOO WHICH SHAIL APPLY TO VIOLATIONS CF THE PROVISIONS CF THIS ORDINAOCE, Atoll DFX:LARI~ AN EMERGEN:Y. WHEREAS, the City Planning and ZOning Camtission, after public hearing held on March 20, 1984, recarmended in their Findings of Fact that I-1 [Light Industrial), Comprehensive ZOning Ordinance, be adopted as Section 16.4-13 of the aJglewood l'tmicipal Code 1 69, as Cll'llel'rled; and WHEREAs, City Co~.neil hereby amends the B'C 1 69, as CIIIended, by adopting new Section 16.4-13 of Title XVI. N::W, THEREFORE, BE IT ORD.\INED BY THE CITY cx:mciL CF THE CITY CF El«iLDIIOOO, OX.ORAOO, as follows: Section 1. That Title XVI of the aJglewood l'tmicipal Code 1 69, as il'ilerik!d, is CIIIended, by adding new Section 16.4-13 to read as follows: • • I • • ( • • • - Se c tion 16.4-13 I-1 Light Industrial District The I-1 Industrial District is composed of certain industrial areas of the City plus certain open areas where similar industrial development appears likely to occur. The I-1 Industrial District should be located near major roadways and truck routes so that traffic generated from the Industrial District will not flo od the residential streets in the are a. The regulations for this District are designed to stabilize and protect the essential characteristics of the Distric t as we ll as the areas surrounding the District. To these ends, development is limited to light industrial uses "plus certain uses providinp, services to the area, and re gula tions are established to pro- vide for adequate screening and to govern the District. Both to protect residences from an undesirable environment and to ensure the reservation of adequate areas for industrial development; new residential development is excluded from this district, except for ieeiii~iee-ee-e caretaker FACILITIES AND FOR MOBILE HOME PARKS FOR WHICH A DEVELOPMENT PLAN HAS BEEN APPROVED. IN RECOGNITION OF THE GROWING IMPORTANCE OF MANUFACTURED HOUSING IN THE NATIONAL HOUSING SUPPLY AND TH E NECESSITY FOR UPGRADING EXISTING MOBILE HOME PARKS WITHIN THE CITY OF ENGLEWOOD, COLORADO, MOBILE HOME PARKS WILL BE PERMITTED IN THIS ZONE DISTRICT. IN ORDER TO ASSURE THE AMENITIES WITHIN EXISTING MOBILE HOME PARKS THAT WILL BE IEHABILITATED OR EXPANDED AND NEW PARKS WHICH MAY BE DEVELOPED, SUCH PARKS SHALL BE CONSTRUCTED IN ACCORDANCE WITH A DEVELOPMENT PLAN, FOR WHICH STANDARDS, SPECIFICATIONS AND REGULATIONS ARE SET FORTH HEREIN. a. S•ppie.eft~epy GENERAL regulations. The provisions found in this Zone District shall be subject to the requirements and standards found in Section 16.5, S·~~le.eH~ery GENERAL Regula- tions, unless otherwise provided for in this Ordinance or an amendment hereto. -2- • I • • • • • • b. Permitted principal uses. No land shall be used or occupied and no structure shal l be designed, erected, altered, used or occupied, except for one or more of the following uses: (1) ANY USE PERM ITTED IN THE B-2 BUSINESS DISTRICT EXCLUDING RESIDENTIAL USE EXCEPT AS PERMITTED IN SECTION 16-4-12 b (2) RESIDENTIAL , MOBILE HOME PARKS . (2) NOBILE HOME PARK PLANNED DEVELOPMENT , SEE DEVELOPMENT PROCEDURE AND STANDARDS, SECTION 16.4-12 a, AND 16.4-13 n. (3) Manufacturing , processing and/or fabri cat ion. The manufa ct uring, processing a nd/or fabrication, as enumerated and limited h erein, of any commo dity except the following ~li CH ARE PROHIBIT ED: Abra sives , basic manufa ct ure; Al coholic distillation; Animal by-products , basic manufacture and processing; Asphalt, manufa ct ure and processing; Bone Black, basic manufacture; Brewery; Carbon black or laap black, basi c manufacture; Charcoal, basic manufacture; Chemicals, heavy or industrial, basic manufacture or process ing; Cinder and cinder bloc ks, basic manufacture or fabrication; Coal or coke, aanufacturing or processing; Con crete and concrete products, manufacture or fabrication; Detergents, soaps and by-products, using animal fat, basic manufacture; Bleet~e-pewer-seae••~e•-•~a~lent Fermented fruits and vegetable products, manufacture; Fertilizers, manufacture or processing; -3- • I • • - • • • • • Fungicides, manufacture; Gasses, other than nitrogen and oxygen, manufacture Glass manufacture; Glue and size, manufacture Grain 111illing; Graphite, aanufacture; Cypeu111 and other foraa of plaster base, manufacture; Insecticides, aanufacture; Insulation, flamaable types, manufacture or fabri c ation; Mat ches , manufacture; Heat slaughtering; Met als, extraction or smelting; Metals, ingots, pigs, sheets, or bars, manufacture; Metal shredding, auto shredding and si111ilar operations; Oils and fats, animal and vegetable, manufacture; Paints, pigments, enamels, japans, lacquers, putty, varnishes, whiting and vood fillers, manufacture or fabrication; Paper pulp and cellulose, basic manufacture; Paraffin, manufacture; Petroleum and petroleum products , manufacture or processing; Portland and aiailar cementa, manufacture; Rubber, manufacture, or reclaiming; Savmill or planing 111ills; Serums, toxins, viruses, manufacture; Sugars and starches, manufacture; -4- • I • • - • • • • • • Tannery; Turpentine, manufacture; Wax and wax products, manufacture; Wood preserving by c reosoting or other pressure impregnation o f wood by preservatives; (4) Sale at wholesale or storage: The sale at wholesale, the warehousing and/or storage of any commodity except the following WHI CH AR E PROH IBITED: (a) Live I'ARM animals; (b ) Commer cial explosives; (c) Above-ground bulk storage of flammable liquids or gasses, unless and onl y to the extent that the storage of such liquids or gasses is directly connected with energy or heating devices on the premises or t o service railroad locomotives. (5) Sale at retail: The sale at retail o f the following: (a) Hardware; (b) Any coADOdity aanufactured, processed, or fabricated OR WAREHOUSED on the premises; fe~--An~-e ..... i~~-vepeho~ae4-eft-~he-preaiaeay (c) Equipment, supplies and materials (except commercial explosives) designed especially for use in agriculture, mining, industry, business, transportation, building and other construction; (6) Repair, rental and servicing: The repair, rental and servicing of any commodity, the manufacture, processing, fabrication, warehousing or sale of which commodity is permitted in the District; -5- • I • • • • • • ~St--Amh~lan~~-a~rvi~~t ~&t--Ani .. i-haapitalT-r~na-~a~-he-en~laae~-in-a-siH-~&t-iee~-sali~-i~ft~~t ~1t--Any-~a~-in~~n&e~-~e-pravi~~-eM~a~men~-ar-en~er~eiftmeft~-eft-peymeft~ a~-e-Eee-ar-a4~eaian-ehar~~t ~~t--Banltt ~9t--Bl~eprin~ill~t tl9t--Gliai8T-4ea~l-er-ae4iealt (7) Contractor yard for vehicles, equipment, materials and/or supplies: A contractor yard for vehicles, equipment, materials, and/or supplies which COIIlfll ies with all of the followin g c o ndition s: (a) Is properly graded for drainage, surfaces with concrete, asphalt, oil or any other dust-free surfacing and maintained in good condition, free of weeds, dust, trash and debris; (b) Is provided with barriers of such dimensions that occupants of adjacent structures are not unreasonably disturbed, either by day or by night, by the movement of vehicles, machinery, equipment or supplies; (c) Ia provided with ~ntrancea and exits so located as to ainiaize traffic congestion; (d) Is provided with barriers of such type and so located that no parked vehicles will extend beyond the yard apace or into the required screening area if adjoining or adjac ent to a residential district; (e) Lightin& facilities are so arranged that they neither unreasonably diaturb occupanta of adjacent residential properties nor interfere with traffic. tiat--i4~ea~ienal-inati~~~ient tl~t--Sle~~rie -a~hetatiant -6- • I • • • • • • {l4t--Gee-res~le£er-a~e£ieftt (8) Greenhouse; fi6t--~ehere£erieet {i1t--hi~~eP-e£ere-{eeie-h~-,eeaese+t fl8t--Ke~l-er-he£elt fl9t--Ke*&r-vehiele-serviee-er-geselifte-aft~-&il-serviee-s£a~!eftst (9) Newspaper distribution station; filH-~Hieeet (10) Parking and/or commercial storage of operable vehi cles; f23t--Pee-storest fil4t--Priva~-ei~hT-l&ege-er-ire~ePHi£yt fil§t-~hiie-h~iieifttet (11) Railroad facilities, but not including shops; fil1t--Relitie~e-ifteeie~eieft&t {28t--Rea~&~P&ft£et fil9t--6e¥iRte-eR4-ie&R-eeaeeie£ieftt (12) School for training in occupational skills, enrollment may be open to the public or limited, may include dormitories for students and instructors; f~it-~eie,heae-e~heaset (13) Terminal for intracity or intercity vehicles for movement of peraons or freight; f~3t--Y£iiie~-,~•,ifts-••••ieftt (13) WAREHOU SING AND/OR STORAGE. (14) ANY SlHILAR LAWFUL USE WHICH, IN THE OPINION OF THE COMMISSIO N, IS NOT OBJECTIONABLE TO NEARBY PROPERTY BY REASON OF ODOR, DUST, SMOKE, FUMES, GAS, HEAT, GLARE, RADIATION OR VIBRATION, OR IS NOT HAZARDOUS TO THE HEALTH AND PROPERTY OF THE SURROUNDING AREA THROUGH DANGER OF FIRE OR EXPLOSION. -7- • I • • - • • • • • • c. PROHIBITED USES. (1) NO SALES OR SUVICE ACT IVITY SHALL BE ALLOWED FROM ANY TEMPORARY STRUCTURE OR VEHICLE WHEN A BUILDING PERMIT APPLICATION HAS NOT BEEN SUBMITTED FOR A PEIKANENT BUILDING OR STRUCTURE TO REPLACE THE TEMPORARY STRUCTURE . (2) THE HEIGHT OF MATERIAL S OR EQUIPMENT BEIN G STORED SHALL NOT EXCEED THE P.EIGHT OF THE SCREENING, FENCE OR WA LL. d. Maxi~ arose floor area in structures. The sum total of the gross floor area in all structures on a lot, excluding the gross floor area of off-street parking garages, shall be not greater than two (2) times the area of the lot on whi ch the structures are located. THIS DOES NOT APPLY TO MOBILE HOME PARKS. e. Minimum yer4 SETBACK . Where an I-1 building site abuts upon, adjoins or is adjacent to a residential zone district, a setback of ten (10) feet is required except as provided in Section 16.4-13 k. THIS DOES NOT APPLY TO MOBILE HOME PARKS. f. Hiniaum private off-street parking. (See ~pp•a.eA~a•y GENERAL Regulations.) g. Mini.um private off-street loading. (See ~ppla .. •~••Y GENERAL Regulations.) h. Acceaaory buildings and permitted accessory uaes. Any accessory building or use incidental only to a permitted principal use, which accessory building or use complies with all of the following conditions: (1) MOBIL E HOME PARK PLANNED DEVELOPMENT (a) SERVICE BUILDING. (b) PARK OFFICE AND MANAGER'S LIVING UNIT. (c) RECREATIONAL FACILITIES, BOTH INDOOR AND OUTDOOR, PROVIDED FOR THE USE OF OCCUPANTS OF THE PARK AND THEIR GUESTS, (d) STORAGE UNITS AND BUILDINGS. -8- • I • • • • • • (e) PRIVATE OFF-STREET PARKING, HAY BE ENCLOSED . (f) VENDING MACHINES FOR THE CONVENIENCE OF THE OCCUPANTS OF THE PARK, I.E., SOFT DRINK, CANDY OR ICE-DISPENSING MACHINES. (g) DAY CARE CENTER . (2) ALL OTHER PERMITTED PRINCIPAL USES. THE ACCESSORY USE SHALL: (a) ie BE clearly incidental and customary to and commo ny assoc iated with the operation of the Permitted Principal Use . (b) le BE operated and maintained under the same ownership, or by lessees or concessionaires thereof, and on the same lot as the Permitted Principal Use. (c) 9eea Not include structures or structural features inconsistent with the Permitted Principal Use. (d) 9&ee Not include residential occupancy exeep~ OTHER THAN by caretaker• or watchmen; (e) li-epereee4-pereiell~-&P-efteirel~-ift-eeeeehee-etr~et~PeeT-•~eh eeeeehe4-eer.e~ree-ehell Be limited to a gross floor area of not .ore than ten (10) percent of the area of the lot on which the Permitted Principal Use is located, IF THE ACCESSORY USE IS OPERATED PARTIALLY OR ENTIRELY IN DETACHED STRUCTURES. (f) NOT BE GREATER THAN TEN (10) PERCENT OF THE GROSS FLOOR AREA OF THE STRUCTURE CONTAINING THE PERMITTED PRINCIPAL USE if operated partially or entirely within the atructure containing the Permitted Principal Use ehe-a••••-fleer-area-viehift -e~eh -9- • I • • • • • • • st;Fttet;ttFe-tt~il-ieetl -ey-tteee sseFy-ttses (except !Fil·a ~;es . lunu!n~; docks and company dining rooms). shsll-he -net;-~Feet;er-t;ksn-t;ett ~19~-pereent;-si-t;he-~ress-il-ser-sres-ei-t;he -st;Fttet;ttre-eettt;sining ~he-Perait;t;ee-Prineipal-YseT i. Conditional uses. Provided the public interest is fully protected and the following uses are approved by the City Planning and Zoning Commission and City Council: (1) Uses (a) Auto~bile Wrecking Yards and Junk Yards. (i) Any automobile wrecking yard or junk yard o pened after the effective date of this Ordinance shall be on a parcel or adjoining parcels of not less than one a cre but not to exceed one and one-half acres. (ii) Any automobile wrecking yard or junk yard approved pursuant to the provisions of this Ordinance or any existing automobile wrecking yard or junk yard expanded under the provisions of this Ordinance, shall be set back no leas than 150 feet from the boundary line of any residential sr res{eettt;{sl--pFs,essisnsl zone district. (iii) Any automobile wrecking yard or junk yard approved pursuant to the provisions of this Ordinance shall be enclosed on its perimeter with a solid, nontransparent vertical wall (iv) or fence with a minimum height of six (6) feet and a aaxiaum of twelve (12) feet measured from ground level. Fences of woven wire or chainlink material shall be prohibited. Any automobile wrecking or junk yard approved pursuant to the provisions of this Ordinance and all yards existing -1 0 - • I • • • • • • on the effe ctive date of this Ordinance shall comply with Section 1 through 11, inclusive, Chapter 2, Title VI of the 1969 Englewood Municipal Code, as amended, entitled Auto wrecking and junk yards, and all other applicable codes or ordinances. (v) Any automobile wrecking yard or junk yard wh ich is licensed by the City of Englewood on th e effective date of this Ordinance shall be deemed to be an approved yard whether or not it has a minimum area of one acre, and such yard 111ay be expanded onto abutting property provided that such expanded yard conforms to the requirements of this and any other applica ble codes or ordinances. (b) Adult Entertainment and/or Service Facility. (i) No adult entertainment or service facility shall be located on any site unless such site is not less than the distance limitation as required by this section: A. 1,000 feet from the location of another such facility; and B. 500 feet from the boundary line of any residential district defined in the Comprehensive Zoning Ordinance, ~~~-SN-'•11 41-~~~-~ including, but not limited to, R-1-A, R-1-B, R-1-C, R-2, R-2-C, R-2-C/S.P.S., R~J, or R-4 or similar 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, C. Heasure.ent of distances. All distances provided herein •hall be ._asured aa follows: 1. With respect to the distance between a location -11- • I • • - - • • • • • 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 from the nearest point of the property line of the proposed licensed premises to the nearest point of the property line of the existing licensed premises. 2. With respect to the distance from the boundary line of a residential district or any religious institution, public park, public library, conwunity 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, ca.-unity center, or educational institution, the distance shall be .easured 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, public library, community center, or educational institution. J. Where the proposed location of an adult entertainment or service facility is a vacant parcel of land upon which no perait has been issued for the construction of a building, all distances -12- • I • • - • • • • • 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 location of an adult entertainment or service facility is a vacant parce l of land upon which a permit has been issued for the construction of a permanent building for such use, all distances shall be measured from the nearest point of the property line as shown on the sutvey of such parcel of land. (c) AMUSEMENT ESTABLISHMENTS INCLUDING, BUT NOT LIMITED TO, BILLIARD HALLS, BOWLING ALLEYS, COIN-OPERATED GAMES, DANCE HALLS, ELECTRONIC OR VIDEO GAMES, NIGHT CLUBS, OUTDOOR COMMERCIAL RECREATIONAL FACILITIES, POOL HALLS, OR SKATING RINKS. j. Limitations on external effects of uses. Every use established or placed into operation after the effective date of this ordinance shall coaply forthwith with the following limitations. All uses established and in operation on the effective date of this ordinance shall be made to comply with the following limitation~~~ Mt..--~~-l,--l~ (1) Volume of sound generated. Every use, unless expressly exempted by this ordinance, shall be so operated that the volume of sound inherently and recurrently generated does not exceed seventy (70) decibels at any point of any boundary line of the lot on which the uae is located. (2) Vibration generated. Every use shall be so operated that the ground vibration inherently and recurrently generated is not perceptible, without instruments, at any point of any boundary line of the lot on which the use is located. -13- • I • • - • • • • • - (3) Emission of heat, glare, radiation, dust and fumes. Every use shall be so operated that it does not emit an obnoxious or dangerous degree of heat, glare, radiation, dust or fumes beyond any boundary line of the lot on which the use is loca ted. (4) Outdoor storage and waste disposal. (a) No highly flammable or explosive liquids, solids or gasses shall be stored in bulk above ground. Tanks or drums of fuel for railroad locomotive fueling or directly connecting with energy devices, heating devices, or appliances located on the same lot as the tanks or drum s of fuel are excluded from this provision; (b) All outdoor storage facilities for fuel, raw materials and products and all fuel, raw materials and products stored outdoors shall be enclosed by a solid fence or wall adequate to conceal such facilities, fuel, raw materials and products from adjacent residential districts; provided, however, that such fence or wall need not exceed eight (8) feet in height; (c) No .aterials or wastes shall be dep osited upon a lor in such form or aanner tkat they may be transferred off the lot by natural causes. (S) LIQUEFIED PETROLEUM CAS INSTALLATIONS SHALL CONFORM TO CURRENT FIRE CODE REQUIREMENTS. (6) NO USE SHALL BE UNDERTAKEN IN A HANNER THAT CREATES A COMMON NUISANCE. k. Screening. In an effort to lessen the incompatibility between a residential district and an industrial district where those districts abut, adjoin or are adjacent, one to the other, it is deemed necessary that the owner of the use in the industrial zone district take certain measures to protect those persona in the residential district, PERSONS IN THE RESIDENTIAL DISTRICT SHALL IE PROTECTED froa the possible adverse effects of the noise and lights from cars , the passage of materials or wastes from parking lots, -14- • I • - • • • • • loading areas and storage yards and to disco urage juveniles from trespassing in hazardous areas where the storage of equipment and supplies may create an attract ive nuisance, ONE OF the following provision s ere SHALL BE applied : (1) SETBA CK/S CREENING IN ADDITION TO THE LANDSC APING REQUIREMENTS. if-~e~rtfteipel-per•itted-~se -i e-withift -a-h~ild iftgy-eftd-the -h~i ldiftg eft~Paaee-taeea-•he -reaideR•ial-eeRe-die•rtetT There shal l be no less than a ten (10) foot setback tft-freftt-ef-the-h~ild iftg-aftd-thet FROM THE PROP ERTY LINE WH ERE IT ABUTS, ADJOIN S OR IS ADJA CENT TO A RESIDENTIAL DISTRICT. 'filE SETBACK area shall be landscaped wit h lawn, trees and shrubs of both a de ciduous and evergreen variety . fhe-laftdseapiftg PLAN SHA LL BE FILED WITH THE BUILDING PERMIT APP LICATION, (2) AS AN ALTERNATIVE TO SECTION (1), it The portion of the h~ildift~-aite PROPERTY which abuts upon, adjoins or is adjacent to the residential zone district ia-ftet-the h~ildift~-eRtraReeT-h~t-ia-~aed-ter-etf-atreet-parkift~T-laadiftt -a r •he-aterase-et-e~wip.aRtT-aateriala-aRefar-a~pplieaT -t heae -waea shall be ~~ SCR!ENED by a decorative, closed-face or solid concrete, block, wood, or brick vall FENCE not less than six (6) feet high, which well FENCE need not be set back from the property line. (3) NO BUILDING OR PORTION THEREOF SH ALL QUALIFY AS A WALl., SCREEN, OR FENCE UNDER THE PROVISIONS OF THIS SECTION, An exception to this l'T'O'Yt....t~ SECTION k shall be made as necessary at an inter- section or at an entrance to an alley or driveway in order not to obstruct the view of a motoriat1-tM..-~mt-M-,.__-,_~"ift11-t~fte<ipt-ef-dte-of~ ._-wa•~-&£-~~~~~*8~,._-~~M-~~~~ee-~-~~*We~-~~~-6e-¥~~•e4 ~y-the-~~Bi ~-&i~~~~~ except as provided in Section 16.9 e 5. -15- I • • • • • • • 1. LANDSCAPING. SEE SECTION 16.4-19. LANDSCAPING ORDINANCE. ~. PROCEDURE FOR DEVELOPMENT OF MOBILE HOME PARKS. (1) MOBILE HOME PARK DEVELOPMENT PLAN REQUIRED . AT THE TUIE TH E APPLICATION IS SUBMITTED FOR THE MOBILE HOME PARK PLANNE D DEVELOPMENT, EITHER FOR THE EXPANSION OF AN EXISTING PARK OR FOR A NEW PARK; THE APPLICANT SHALL SUBMIT TWENTY-FIVE (25) COPIES OF A DEVELOPMENT PLAN FOR THE PROPOSED PARK. THIS PLAN SHALL COMPLY WITH ALL APPLICABLE CITY CODES AND WITH THE PROVISIONS OF THIS CHAPTER AND SHALL INCLUDE ALL OF THE INFORMATION lN SECTION n (2) HEREOF. (2) THE PROCEDURE FOR PROCESSING THE DEVELOPMENT PLAN SHALL BE IN ACCORDANCE WITH SECTION 22.4A OF THE COMPREHENSI VE ZONING ORDINANCE; HOWEVER, WHERE ADDITIONAL INFORMATION OR SPECIFIC PROCEDURE IS REQUIRED HEREIN, THOSE PROVISIONS SHALL PREVAIL. n. STANDARDS FOR DEVELOPMENT OF MOBILE HOME PARKS. (1) MOBILE HOKE PARK SITE LOCATION. THE MOBILE HOME PARK SHALL BE LOCATED ON A WELL-DRAINED SITE, SHALL NOT BE WITHIN THE LINES OF A HUNDRED YEAR FLOOD PLAIN OR FLOOD HAZARD AREA, AND THE SITE SHALL BE MADE FREE FROM MARSHES, SWAMPS, OR OTHER POTENTIAL BREEDING PLACES FOR INSECTS OR RODENTS. THE SITE SHOULD NOT BE EXPOSED TO UNDUE CHRONIC NUISANCES SUCH AS NOISE, SMOKE, FUMES OR ODORS. THE TOPOGRAPHY ON THE MOBILE HOHE PARK SITE SHOULD BE FAVORABLE TO MINIMUM GRADING, MOBILE HOME PLACEMENT AND EASE OF MAINTENANCE. THE LONGITUDINAL GRADE FOR THE INDIVIDUAL SPACE SHALL NOT EXCEED FIVE (5) PERCENT AND AN ADEQUATE CROWN OR CROSS-GRADIENT FOR SURFACE DRAINAGE SHALL BE PROVIDED. (2) INFORMATION TO ACCOMPANY THE MOBILE HOME PARK DEVELOPMENT PLAN. A COMPLETE DEVELOPMENT PLAN FOR THE PURPOSE OF OBTAINING A MOBILE -16- I • • - • • • • - HOME PARK PERMIT SHALL BE DRAWN TO SCALE (NOT LESS THAN 1" EQUALS 20') AND SHALL SHOW OR STATE: (a) THE AREA AND DIMENSIONS OF THE TRACT OF LAND. (b) CONTOURS WHEN TOPOGRAPHY IS A DESIGN FACTOR AND REQUIRED BY THE CITY ENGINEER. (c) THE NUMBER, LOCATION, AND SIZE OF ALL MOBIL E HOME DWELLING UNIT SPACES, WITH EACH SPACE DESIGNATED AS "MOBILE HOME" AND SHOWING THE LOCATION OF THE INDIVIDUAL STORAGE BUILDING, FENCING, OUTDOOR LIVABILITY AREA, AND SERVICE SPACE. (d) THE LOCATION AND WIDTH OF ALL INTERNAL ROADWAYS AND SIDEWALKS. (e) THE LOCATION AND SIZE OF AUTOMOBILE PARKING LOTS AND LAYOUT OF PARKING SPACES AND MAN EU VERIN G AREAS. (f) THE LOCATION OF THE SERVICE BUILDINGS AND ANY OTHER EXISTING OR PROPOSED STRUCTURES, INCLUDING THE OUTLINE OF THE STRUCTURES AND OVERALL DIMENSIONS. (g) THE LOCATION AND INTENDED DEVELOPMENT OF RECREATION FACILITIES AND OTHER OPEN AREAS, EXCLUDING PARKING AND MANEUVERING AREAS. (h) THE SIZE AND LOCATION OF EXISTING AND PROPOSED WATER AND SEWER CONNECTIONS, LOCATION OF FIRE HYDRANTS, AND METHODS TO BE USED FOR TRASH AND GARBAGE DISPOSAL. (1) DESIGNATED FIRE LANES. (j) ADJACENT STREETS, SHOWING RIGHTS-OF-WAY AND ROADWAY WIDTHS. (k) ADJACENT BUILDINGS, SHOWING OUTLINES OF THE BUILDINGS AND THE NUMBER OF FLOORS. (1) PLANS AND SPECIFICATIONS FOR ALL BUILDINGS, UTILITIES AND OTHER IMPROVEMENTS CONSTRUCTED OR TO BE CONSTRUCTED WITHIN THE PARK. (m) ANY ADDITIONAL INFORMATION WHICH WILL AID IN THE CONSIDERATION OF THE PROPOSED MOBILE HOME PARK DEVELOPMENT PLAN. -17- I • • - • • • • • (3) MINIMUM AREA OF MOBILE HOME PARK. (a) MOBILE HOME PARK .......................... EIGHT (8) ACR ES (4) MAXIMUM DENSITY. (a) HOBlLE HOME PARK .......................... EIGHT (8) ~!OBILE HOM E DW EL LI NG UNIT SPACES PER ACR E. (5) MAXIMUM LOT COVERAGE. THE MAXIMUM COVERAGE OF THE MOBILE HOME LOT SHALL BE 35% EXCEPT AS PROVIDED HEREIN: (a) WHERE A ROOF AREA, SUCH AS A CARPOR T OR OUTDOOR REC REA TIO N SHELTERS, I S OPEN FOR 50 PERCENT OH HOHE OF i 'fS l'EIUHE'l'EI<, l'I'S LOT COVERAGE SHALL BE COMPUTED AS ONE-HALF THE AR EA COVERED BY THE ROOF. (b) WHERE THE LOT IS ADJACEN T, AND HAS ACCESS TO IMPROVED COMMON OPEN SPACE, OTHER THAN VEHICULAR AREA S , AND NOT LESS THAN 20 FEET IN WIDTH, AN ADDITIONAL 5 PERCENT OF THE LOT MAY BE OCCUPIED. (6) MINIMUM LOT DIMENSIONS AND SHAPES. MINIMUM LOT WIDTHS AND AREAS SHALL BE AS REQUIR ED TO MEET LOT COVERAGE AND YARD, MOBILE HOME AND BUILDING SPACING, AND OTHER REQUIREMENTS AS SET FORTH HEREIN . SO LONG AS THESE REQUIREMENTS ARE MET, AND THE RESULTING LAY OUT OF THE LOTS IS FUNCTIONAL AND PROVIDES FOR EFFICIENT PROVISION OF UTILITIES AND FOR CONVENIENT PEDESTRIAN AND VEHICULAR ACCESS, LOT LINES SHALL NOT BE REQUIRED TO BE PERPENDICULAR TO STREETS OR RADIAL TO CURVES , AND LOT SHAPES MAY TAKE ANY FORM, PROVIDED, HOWEVER, THAT IN NO CASE SHALL ANY AREA ON THE LOT MOR E THAN 50 FEET FROM THE MOBILE HOME, NOR AN Y PORTION OF THE LOT LESS THAN 10 FEET IN MINIMUM DIMENSION BETW EEN OPPOSING LOT LINES, BE INCLUDED IN REQUIRED LOT OR OPEN SPACE AREA . -18- I • • • • • • (7) PERIMETER YARDS. (a) ADJOINING PUBLIC STREETS. WHERE ONE OR MORE BOUNDARIES OF THE MOBILE HOME PARK PLANNED DEVELOPMENT ADJOIN PUBLIC STREETS, A YARD OF AT LEAST lVENTY -FIVE (25) FEET IN DEPTH SHALL BE PROVIDED ADJACENT TO SUCH BOUNDARY. (b) ADJOINING ALLEYS. WHERE THE BOUNDARY OF A MOBILE HOME PARK PLANNCD DEVELOPMENT ADJOINS AN ALLEY, A YARD OF AT LEAST TEN (10) FEET IN DEPTH SHALL BE PROVIDED ADJACENT TO SUCH BOUNDARY. (c) ADJOINING A RESIDENTIAL DISTRICT. WHERE A MOBILE HOME PARK PLANNED DEVELOPMENT ADJOINS A RESIDENTIAL DISTRICT (R-1, R-2, R-2-C, R-2-C/S .P.S . R-3 OR R-4) WITHOUT AN I NTER- VEt-riNG STREET OR ALLEY, A YARD OF AT LEAST E TY ,20) Fl:. T I DEPTH SHALL BE PROVIDED ADJACENT TO SUCH BOU AR Y. (d) ADJOINING A BUSINESS OR INDUSTRIAL DlSTRl CT. WHERE A MOBILE HOME PARK PLANNED DEVELOPME T AD J 1 S A BUS! OR INDUSTRIAL DISTRICT (B-1, B-2 , I-1, I-2) WITHOUT AN INT RVENIN STREET OR ALLEY, A YARD OF AT LEAST TWENTY (20) FEET IN DEPTH SHALL BE PROVIDED ADJACENT TO SUCH BOUNDARY. (e) EXCEPTIONS. IF DETERMINED NECESSARY IN ORDER TO PROVIDE PROTECTION TO RESID&~TS WITHIN A MOBILE HOME PARK DEVELOPMENT FROM EXCESSIVE TRAFFIC NOISE, LIGHTS OR OTHER ADVERSE INFLUENCES FROM OUTSIDE OF THE DEVELOPMENT, A GREATER DEPTH AND/OR APPROVED SCREEN PLANTING, WALLS OR FENCES MAY BE REQUIRED IN A YARD. SUCH DETERMINATION SHALL BE MADE BY THE CITY PLANNING AND ZONING COHHISSION IN CONJUNCTION WITH THE CONSIDERATION OF THE -19- I • • r • • • - MOBILE HOME PARK PLANNED DEVELOPMENT PLAN. (f) INCLUSION AS PART OF INDIVIDUAL LOTS AND YARDS. EXCEPT AS OTHERWISE MAY BE SPECIFICALLY PROVIDED, THE YARD MAY BE INCLUDED IN INDIVIDUAL LOTS AND USED TO MEET YARD OR AREA REQUIREMENTS FOR THE MOBILE HOME THEREON, IF THE YJL~D IS APPROPRIATELY LOCATED AND IMPROVED. {g) LIMITATIONS ON USE OF YARDS ADJOINING RESIDENTIAL DISTRICTS. NO GROUP PARKING FACILITIES AND NO ACTIVE RECREATION FACILITIES FOR COMMON USE SHALL BE LOCATED IN ANY REQUIRED YA~W ADJOINING LOTS IN A RESIDENTIAL DISTRICT. (8) LIVABLE OPEN SPACE ON LOTS. LIVABLE OPEN SPACE SHALL BE PROVIDED ON LOTS FOR MOBILE HOMES IN AN AMOUNT EQUAL TO NOT LESS THAN TEN (10) PERCENT OF THE LOT AREA, PROVIDED THAT IN NO CASE SHALL THE REQUIRED LlVADLE SPACE BE LESS THAN JOO SQUARE FEET. SUCH REQUIRED LIVABLE SPAC E SHALL HAVE A LEAST DIMENSION OF NOT LESS THAN FIFTEEN (15) FEET. SUCH SPACE SHALL BE LOCATED FOR PRIVACY, CONVENIENCE AND OPTIMUM USE AND SHALL BE WALLED, FENCED OR PLANTED TO ASSURE REASONABLE PRIVACY. WITHIN SUCH AREA, AN AREA SUITABLY SURFACED FOR THE PLACEMENT OF GARDEN OR LAWN FURNITURE SHALL BE PROVIDED, WHICH SURFACED AREA SHALL BE NOT LESS THAN 100 SQUARE FEET IN AREA WITH A LEAST DIMEN SION OF TEN FEET. THE SURFACED AREA MAY BE A MOVABLE ELDtENT IN ORDER TO PERMIT MAXIMUM FLEXIBILITY IN PROVIDING FOR A VARIETY OF MOBILE HOME WIDTHS, FLOOR PLANS AND LOCATIONS ON THE LOT. THIS AREA MAY BE COVERED WITH A ROOF, CREATING A RECREATIONAL SHELTER, SUBJECT TO LIMITATIONS ON MAXIMUM LOT COVERAGE. PARKING AREAS AND DRIVEWAYS SHALL NOT BE INCLUDED IN REQUIRED LlVI.BLE OPEN SPACE . -20 - • I • • - • • • • • • (a) YARDS, OPEN SPACE ADJACENT TO MOBILE HOME UNITS AND SPACING OF UNITS. (1) INTENT. YARDS AND OTHER OPEN SPACES REQUIR ED HEREIN IN RELATION TO THE HOBIL E HOME DWELLING UNITS AR E I NT END ED TO PERFORM A VARIETY OF FUNCTIONS. AHONG THES E AR E TO ASSUR E ADEQUATE PRIVACY, AND TO PROVIDE USABLE OUTDOOR LIVING SPACE, A DESIRABLE OUTLOOK FROM THE PRINpPAL LIVING ROOH EXPOSURE, NATURAL LIGHT AND VENTILATION, ACCE SS TO AND AROUND THE UNITS, OFF-STREET PARKIN G AND SP ACI NG BETWEEN THE MOBILE HOME DWELLINGS AND BETWEEN TH E DW ELL IN G UNI T AND OTHER BU I LDINGS FOR REDUCING POTEN TIAL ADVER SE EFFECTS OF NOISE, ODOR, GLARE, OR HAZARDS FROM FIRE. IT IS INTENDED IN THESE REGULATIONS TO RE LAT E REQUIR EMENTS TO PERFORMANCE OF THESE FUNCTIONS, ALLOWING MAXIMUM FLEXIBILITY IN DETAILED SITE PLANNING PLANNING AND USE IN SO LONG AS PERFORMANCE STANDARDS ARE HET. (11} DWELLING UNIT EXPOSURE AND OUTLOOK. FOR PuaPOSES OF RELATING llEQUIR.DfENTS TO FUNCITON, YARDS, AND OTHER OPEN SPACES ABOUND THE HOBILE HOKE DWELLING UNITS, DISTANCES BETWEEN DWELLING UNITS AND OTHER BUILDINGS SHALL BE DETERMINED BY EXPOSURE S AND OUTLOOKS FROM THE PORTIONS OF THE DWELLING UNITS INVOLVED. EXPOSURES OF PORTIONS OF DWELLING UNITS AND THE MINIMUM OPEN SPACE DEPTH ARE DEFINED AND CLASSIFIED AS FOLLOWS: A. CLASS A -PORTIONS OF WALLS CONTAINING PRINCIPAL LIVING ROOM EXPOSURE TO OUTDOOR LIVING AREA THROUGH -21- • I • • - Cl • • • • MAJOR WINDOWS AND/OR GLASSED DOORS. PRIME CONSIDERATION HERE IS DIRECT VIEW OF, AND CONVENIENT ACCESS TO, OUTDOOR LIVABLE SPACE. IN CASES WHERE TWO WALLS OF THE DWELLING UNIT PROVIDE THIS TYPE OF EXPOSURE FROM THE LIVING ROOH, EITHER HAY BE SELECTED AS THE CLASS A EXPOSURE, AND THE OTHER SHALL BE CONSIDERED CLASS C. CLASS A EXPOSURES. MINIMUM OPEN SPA~E DEPTH FOR CLASS A EXPOSURES SHALL llE I5 FEET. THE CLAS S A EXPOSURE SHALL llE TO LlVAULE SI'ACE, REQUWEil 01< OTHER, ON THE LOT, AND NOT TO PARK ING AREA OR DR I VE- WAY AREA. B. CLASS B -PORTIONS OF WALLS CONTAINING THE ONLY WINDOWS FOR BEDROOMS, OR PRINCIPAL WINDOWS AND/OR GLASSED DOORS FOR BEDROOMS, WHERE PRIVACY, MODERATE OUTLOOK, AND LIGHT AND AIR ARE PRINCIPAL CONSIDERATIONS. CLASS B EXPOSURES. MINIMUM OPEN SPACE DEPTH FOR CLASS B EXPOSURES SHALL BE IO FEET. THIS HAY INCLUDE LIVABLE OPEN SPACE, AND PARKIN G AND DRIVEWAY AREAS ON THE LOT. C. CLASS C-PORTIONS OF WALLS CONTAINING SECONDARY WINDOWS FOR BEDROOMS, WINDOWS FOR KITCHENS, BATHROOMS, UTILITY ROOMS, AND THE LIKE, SECONDARY WINDOWS FOR LIVING ROOM S , OR EXTERIOR DOORS OTHER THAN ENTRIES WITH CLASS A ORIENTATION, WHERE WINDOWS INVOLVED DO NOT INVOLVE PRIVACY OR ARE SO LOCATED, SHIELDED, OR ARE OF SUCH A NATURE THAT NECESSARY PRIVACY IS ASSURED, AND WHERE LIGHT, AIR, AND FIRE PROTECTION -22- • I • • - • • • • • ARE PRINCIPAL CONSIDERATIONS. CLASS C EXPOSURES. MINIMUM OPEN SPACE DEPT H FOR CLASS C EXPOSURES SHALL BE 8 FEET. THIS MAY INCLUDE TH E SAME TYPES OF OPEN SPACE AS FOR B. D. CLASS D -PORTIONS OF WALLS CONTAININ G NO WINDOWS, DOORS, OR OTHER OPENINGS, BUT NOT SO CONST RUCTED OR SAFEGUARDED AS TO BE SUITABLE FOR ATTACHME NT TO OTHER DWELLING UNIT S OR PRINCIPAL BUILD INGS. PRINCI PA L CONCERN IN SUCH CASES IS WITH FIR E PROTECTION. CLASS D EXPOSURES. MIN I MUM OPEN SP ACE DEPTH FOR CLASS D EXPOSURES SHALL BE 5 FEET. THIS MAY INCLUDE THE SAME TYPES OF OPEN SP ACE AS FOR B. E. CLASS E -PORTIONS OF WALLS CONTAINING NO WINDOWS, DOORS, OR OTHER OPENINGS, AND SO CONSTR UCTED OR SAF E- GUARDED AS TO PROVIDE AT LEAST ON E-HOUR FIRE PROTE CTION IF IT WERE ATTACHED TO ANOTHER MOB ILE HOME DWELLIN G UNIT OR TO A PERMITTED BUILDING. CLASS E EXPOSURES. NO MINIMUM OP EN SP ACE DEPTH llEQ U I llEH DJTS • (9) DISTANCE TO C<HtON AREAS. EXCEPT AS PROVID ED ABOVE, DIST ANCE FROH ANY EXPOSURE TO A STREET PAVFJotENT OR TO THE EDGE OF A COMMON DRIVEWAY, A COMMON PARKING AREA, A COMMON WALK, OR OTHER COHHO N AREA SHALL BE AT LEAST 8 FEET. FOR CLASS A EXPOSURE, THIS DISTAN CE SHALL BE AT LEAST 15 FEET . CARPORTS OPEN IN A KANNER WH ICH ASSUR ES COHPLIANCE WITH THE PROVISIONS OF Se ct ion (5) (UAXIHUH LOT COVERAGE) MAY EXTEND TO WITHIN 4 FEET OF A COM- MON SIDEW AT.K ADJA CENT TO A STR EET OR COHHON PARKING AREA, OR TO WITHIN 4 FE ET -23- • I • - • • • • OF THE STREET PAVEMENT OR COMMON PARKING AREA IF NO SUCH SIDEWALK IS INVOLVED: BUT THE CARPORT MAY NOT BE IN THE REQ UI RED LIV ABL E SPACE OR IN ANY PORTION OF THE OPEN SPACE WHICH CONSTITUTES A CLASS A EXPOSU!l.E. (10) CARPORTS, INDIVIDUAL RECREATIONAL SHELTERS, STORAG E FA CILITI ES IN REQUIRED OPEN SPACE. (a) CARPORT. A CARPORT ENCLOSED FOR 50 PERCENT OR LESS OF ITS PE RI METER , AN D Wt'l'll ENCLOSUitE OF 10 PEitCEN'I' OR LESS OF l'II E I'OR'J'lON OF ITS PERIMETER OPPOSIT £ ANY CL ASS U OR C £XPO SURE, MAY UE LOCATED IN ANY PORTION OF THE OPEN SPACE ON THE LOT WH ICH IS NOT REQUIRED LIVABLE SPACE AND DOES NOT CONSTITUTE CLASS A EXPOSURE. (b) INDIVIDUAL RECREATIONAL SHELTER. AN INDIVIDUAL RECREATIONAL SHELTER (AS DESCRIBED IN SECTION ~ ENCLOSED FOR 50 PERCENT OR LESS OF ITS PERIMETER IN A MANNER WHICH DOE S NO T CONSTITU TE UNDESIRABLE IMPEDIMENT TO VIEW OR FIRE HAZARD MAY BE LOCATED IN ANY LIVABLE SPACE ON THE LOT. (c) STORAGE FACILITIES. STORAGE FACILITIES MAY BE INCLUDED AS PART OF THE ENCLOSURE FOR CARPORTS AND RECREATIONAL STRUCTU RES SUBJECT TO THE LIMITATIONS SET FORTH ABOVE . INDEPENDENT STORAGE STRUCTURES CONTAINING NOT MORE THAN 100 CUBIC FEET OF STORAGE SPACE MAY BE LOCATED IN ANY PORTION OF REQUIRED OPEN SPACE ON THE LOT, PROVIDED THAT AS LOCATED AND CONSTRUCTED SUCH STRUCTURES DO NOT CONSTITUTE UNDESIRABLE IMPEDIMENTS TO VIEW OR FIRE HAZARDS . (11) SPACING OF MOBILE HOME DWELLING UNITS ON ADJACENT LOTS . MINIHUH REQUIRED DISTANCES BETWEEN MOBILE HOME DWELLING UNITS, OR ADDI TIO NS THERETO ENCLOSED FOR MORE THAN 50 PERCENT OF THEIR PERIMETERS, -24- • I • • - • • • • SHALL BE THE SUM OF THE REQUIRED DISTANCES FOR THE EXPOSURES INVOLVED. (12) EQUIVALENT SPACING ALTERNATIVE. AS AN ALTERNATIVE TO PROVIDING REQUIRED OPEN SPACE BETWEEN UNITS OR PORTIONS OF UNITS AS THE SUM OF ADJOINING OPEN SPACES ON INDIVIDUAL LOTS, WHERE EQUIVALENT SPACING CAN BE ASSURED IN A FORM APPROPRIATE TO THE EXPOSURES INVOLVED BY DECREASING CLEARANCE FROM THE LOT LINE ON ONE LOT AND INCREASING CLEARANCE FROM THE LOT LINE ON THE OTHER, THIS ARRANGEMENT HAY BE PERMITTED, PROVIDED THAT ACCESS FOR SERVICING AND MAINTENANCE OF UNITS INVOLVED CAN BE ASSURED, AND FURTIIER PI<OVJOEI> 'J'IIAT HI N I MUM OPEN SPACE llEPTII FOR CLASS A EXI'OSlllmS SHALL BE LOCATED ON THE SAME LOT AS THE UNI T. THUS, FOR EXAMPLE, IN A ROW OF LOTS ON WHICH CLASS A EXPOSURES FACED CLASS C EXPOSURES, CALLING FOR MINIMUM OPEN SPACE DEPTH OF 1~ FEET ON THE LOTS WITH CLASS A EXPOSURE AND 8 FEET ON THE LOTS WITH CLASS C, THE UNITS COULD ALL BE MOVED TO THE LOT LINE ON THE CLASS C EXPOSURE SIDE IF THE MINIMUM DEPTH ON THE CLASS A EXPOSURE SIDE WAS INCREASED TO 23 FEET. (13) OCCUPANCY OF MOBILE HOKES . (a) NO MOBILE HOKE SHALL HEREAFTER BE OCCUPIED UNLESS IT IS PARKED IN AN APPROVED MOBILE HOME PARK. (b) NO MOBILE H<»tE SHALL BE OCCUPIED IN A MOBILE HOHE PARK UNLESS THE MOBILE HOME IS SITUATED WITHIN A DESIGNATED SPACE AND ON A HUD APPROVED FOUNDATION OR ON A CONCRETE SLAB OF NOT LESS THAN FOUR (4) INCHES IN THICKNESS AND NO SMALLER THAN THE OUTSIDE DIMENSIONS OF THE MOBILE HOME TO BE ACCOMMODATED. (c) JACKS, OR STABILIZERS, OR PRECAST CONCRETE BLOCK WITH A BASE NOT LESS THAN 16" x 16" x 4", MUST BE PLACED UNDER THE FRAME OF THE MOBILE HOME TO PREVENT MOVEMENT ON THE SPRINGS WHILE THE HOME IS PARKED FOR OCCUPANCY. -25- • I • • • • • • (14) SKIRTING. ALL MOBILE HOMES SHALL BE PERMANENTLY SITED ACCORDING TO HUD STANDARDS OR SHALL BE COMPLETELY ENCLOSED FROH THE FLOOR TO THE GROUND WITH A NONCOMBUSTIBLE MATERIAL. ENCLOSURES SHALL BE VENTED BY THE INSTALLATION OF TWO (2) OPENINGS NOT LESS THAN ONE (1) SQUARE FOOT EACH, LOCATED AT DIAGONAL CORNERS FROM EACH OTHER AND COVERED WITH A CORROSION-RE- SISTANT SCREEN OR GRILL HAVING OPENINGS NOT LESS THAN ONE-QUARTER INCH (\") NOR MORE THAN ONE-HALF INCH (~") IN ANY DI~ENSION. ONE ACCESS DOOR, A MINIMUM OF EIGHTEEN INCHES BY 1~ENTY-FOUR INCHES (18" x 24"), SHALL BE INSTALLED IN THE SKIRTING AHEAD OF THE FRONT AXLE AND ONE BEHIND THE REAR AXLE OF THE MOBILE HOME. (15) MOBILE HOME WIND SECURITY. EACH MOBILE HOME IN A MOBILE HOME PARK SHALL BE PROTECTED AGAINST WIND FORCES BY THE INSTALLATION OF OVERHEAD TIES AND FRAME TIES ANCHORING THE HOME SECURELY TO THE GROUND, AS FOLLOWS: (a) REQUIRED NUMBER AND TYPE OF TIES. (1) MOBILE HOMES 30' -50' 3 FRAME TIES PER SIDE. (ii) MOBILE HOMES 50' -70' 4 FRAME TIES PER SIDE. (iii) MOBILE HOMES OVER 70' --5 FRAME TIES PER SIDE. (iv) OVER-THE-HOME TIES AS CLOSE TO EACH END AS POSSIBLE WITH STRAPS AT STUD END AND RAFTER LOCATION. (v) POSTS FOR CABANAS AND AWNINGS MUST BE SECURELY ANCHORED TO A CONCRETE PATIO OR EQUIVALENT FOOTING. (b) ANCHORING SPECIFICATIONS. (1) AUGER OR DEADMAN TYPE ANCHORS, 6" IN DIAMETER. ARROWHEAD TYPE ANCHORS, 8" IN DIAMETER. (11) AUGER OR ARROWHEAD ANCHORS SHOULD BE SUNK TO DEPTH OF FOUR FEET. "DEADMAN" TYPE ANCHORS SHOULD BE SUNK TO -26- • I • • • • • depth of five feet. (111) ANCHOR ROD, 5/8" DIAMETER WITH ENDS WELDED CLOSE D TO FORM AN EYE. MUST BE HOOKED INTO CONCRETE WHERE USED IN DEADMAN ANCHOR S . {c) TIE AND CONNECTOR SPECIFICATIONS. (1) TIES SHALL BE GALVANIZED STEEL STRAPS 1~" x .035 OR WOVEN WIRE, GALVANIZED OR STAINLESS STEEL CABLE 3/8" DIAMETER OR It;" AIRCRAFT CABLE. (ii) CONNECTORS SHALL liE TURNllUCKLES 5/8" DIAMETER OF DROP FORGED STEEL WITH ENDS WELDED OR FORCED CLOSED TO FORI-I AN EYE OR OTHER TENSIONING DEVICES OF SIMILAR STRENGTH . (16) STANDARDS FOR STREET SYSTEM. {a) THE STREET SYSTEM WITHIN THE PARK SHALL BE SO DESIGNED THAT ACCESS TO ALL LOTS USED FOR PARKING MOBILE HOMES SHALL BE FROM WITHIN THE PARK. NO LOT SHALL BE SO LAID OUT OR IMPROVED AS TO PERMIT DIRECT ACCESS TO ANY PUBLIC STREET OR HIGHWAY. (b) STREETS LEADING INTO THE PARK FROM PUBLIC STREETS AND HIGHWAYS SHALL BE PAVED TO A WIDTH OF AT LEAST 40 FEET FOR A DISTANCE OF AT LEAST 100 FEET FROM THE PUBLIC STREET OR HIGHWAY, AND NO PARKING SHALL BE PERMITTED ON SUCH STREETS WITHIN 25 FEET OF THE PUBLIC STREET OR HIGHWAY. (c) OTHER STREETS IN THE PARK SHALL BE PAVED TO A MINIMUM WIDTH (CURB TO CURB) OF 28 FEET FOR ONE-WAY STREETS, 38 FEET FOR TWO-WAY STREETS, WHER E PARKING IS PERMITTED. FOR EACH SID E OF SUCH STREETS ON WHICH PARKING IS PROHIBITED, MINIMUM WIDTH HAY BE REDUCED BY 8 FEET. (d) CURVES ON ALL ACCESS ROADS SHALL HAVE A MINIMUM INSIDE RADIUS OF NOT LESS THAN 20 FEET. -27- • I • • • • • - (e) DEAD-END STREETS HAY BE USED, PROVIDED THAT NO SUCH STREET SHALL EXCEED 400 FEET IN LENGTH, AND THAT SUCH STREETS SHALL BE PROVIDED AT THE CLOSED END WITH A TURN AROUND OF AT LEAST 45 FOOT RADIUS AT THE OUTSIDE EDGE OF THE PAVING. (f) ALL STREETS WITHIN THE PARK SHALL BE BUILT TO CITY OF ENGLEWOOD CONSTRUCTION SPECIFICATIONS, AND SHALL INCLUDE CURB AND GUTTER. (g) SIGNS SHALL BE PLACED AT STREET INTERSECTIONS WITHIN THE PARK DESIGNATING THE MOBILE HOME SPACE NUMBERS LOCATED ALONG EACH STREET. THE LETrERS ON SUCH SIGNS SHALL BE A MINIMUM OF THREE (3) INCHES IN HEIGHT AND SHALL BE REFLECTORIZED. (17) PARXING. IN MOBILE HOKE PARKS, NOT LESS THAN TWO (2) PARKING SPACES SHALL BE PROVIDED FOR EACH MOBILE HOKE SPACE. PARKING SPACES SHALL BE CONVENIENTLY LOCATED WITH RESPECT TO NORMAL ANTICIPATED USE BY TENANTS AND VISITORS AND IN RELATION TO SERVICE FACILITIES. SUCH PARXING SPACES SHALL BE NOT LESS THAN 9 FEET x 20 FEET. (18) WALI(WAYS. CONCRETE WAUWAYS NOT LESS THAN 24" WIDE SHALL BE PROVIDED FROM MOBILE HOKE SPACES TO STREETS, AND ALL OTHER CONCRETE WALKWAYS SHALL BE AT LEAST 30" WIDE. (19) SCREENING. ADEQUATE PROTECTION SHALL BE PROVIDED THE RESIDENTS OF THE PARX FROM ANY UNDESIRABLE OFF-SITE VIEWS OR ANY ADVERSE INFLUENCE FROM ADJOINING STREETS AND PROPERTIES. TO THIS END, THE PARK SHALL BE SURROUNDED BY A FENCE, WALT., OR PLANTING SCREEN ON ALL SIDES ABUTrlNG OR ADJACENT TO OTHER PRIVATE PROPERTY, OR AN ARTERIAL STREET OR HIGHWAY. IF A FENCE OR WALL IS USED, IT SHALL BE AT LEAST SIX (6) FEET IN HEIGHT AND OF SOLID CONSTRUCTION . IF VEGETATION IS USED IN PLACE OF A FENCE -28 - • I • • • • • • OR WALL, IT SHALL BE OF A NATURE WHICH PROVIDES EQUIVALENT PROTECTION TO THE PROPERTY AND TO NEIGHBORING PROPERTY. NOTWITH- STANDING OTHER REQUIREMENTS OF THIS PROVISION, NO FENCE, WALL OR VEGETATIVE SCREENING SHALL BE PERMITTED TO EXTEND INTO ANY REQUIRED EXTERIOR YARD AT A HEIGHT OR IN A HANNER WHICH MAT ERI ALLY IMPEDES THE VISIBILITY OF A MOTORIST EXITING YROH THE PARK ONTO A PUBLI C STREET. (20) RECREATIONAL AREA. FOR CHILDREN'S PLAY AND ADULT RECREATION, NOT LESS THAN EIGHT (8) l'EHCEN'I' OF TilE CROSS AREA SIIALL BE SET ASID E AND APPROPRIATELY IMPROVED, AND THIS AREA SHALL NOT BE USED FOR ANY OTHER PURPOSE. TH E CHIL DREN'S PLAY AREA SHALL BE SO LOCAT ED AN D PROTECTED AS TO MINIMIZE DANCER FROM TRAFFIC. RECREATION AREAS HAY INCLUDE SPACE FOR A COMMUNITY BUILDING AND COMMUNITY USE FACILITY SUCH AS INDOOR RECRE ATION AREA, SWIMMING POOL OR HOBBY WORKSHOP. (21) LIGHTING. (a) STREET AND YARD LIGHTS SHALL BE PROVIDED IN SUCH NUMBER AND INTENSITY AS TO INSURE SAFE MOVEMENT OF VEHICLES AND PEDESTRIANS AT NIGHT. (b) EACH SERVICE BUILDING SHALL BE ADEQUATELY LIGHTED INSIDE, AND SHALL HAVE OUTSIDE LIGHTS LARGE ENOUGH TO ILLUMINATE THE IMMEDIATE AREA, WHICH LIGHTS SHALL BE PLACED IN SUCH A HANNER THAT IDENTIFYING SIGNS ARE READABLE AT NIGHT. (22) CLOTHES DRYING AREA REQUIRED. ADEQUATE INSIDE DRYING FACILITIES ADJACENT TO THE WASHING FACILITIES IN THE SERVICE BUILDING SHALL BE PROVIDED. UMBRELLA-TYPE DRYING FACILITIES HAY BE INSTALLED IN THE INDIVIDUAL HOBILE HOME SPACE AS A PART OF THE BASIC FACILITIES. -29- I • • • • • (23) FIRE PROTECTION REQUIREMENTS. (a) ALL PORTIONS OF ANY PARK SHALL BE WITHIN 500 FEET OF A FIRE HYDRANT OF SIZE AND DESIGN CONFORMING TO THE CITY OF ENGLEWOOD FIRE CODE. (b) EVERY PARK SHALL BE EQUIPPED AT ALL TIMES WITH SUPPLEMENTARY FIRE EXTINGUISHING EQUIPMENT IN ACCORDANCE WITH THE CITY OF ENGLEWOOD FIRE CODE. FIRE EXTINGUISHERS WHICH ARE PROVIDED SHALL HAVE A MINIMUM RATING OF 2A-10 BC U/L. (c) EACH PARK SHALL HAVE DESIGNATED FIRE LANES, THE LOCATION, DlHENS10NS AND CONSTRUCTION OF WHICH SHALL CONFORM TO TilE CITY OF ENGLEWOOD FIRE CODE. (24) SERVICE BUILDING REQUIREMENTS. (a) SERVICE BUILDING REQUIREMENTS FOR MOBILE HOM E PARKS: CJ EVERY MOBILE HOME PARK SHALL PROVIDE ADEQUAT E SANITARY FACILITIES • FOR EMERGENCY USE IN A SERVICE BUILDING OR BUILDINGS. THESE FACILITIES SHALL CONSIST OF AT LEAST ONE FLUSH-TYPE TOILET AND ONE LAVATORY FOR EACH SEX. SUCH FACILITIES SHALL BE MAINTAINED IN A CLEAN AND SANITARY CONDITION AND IN WORKING ORDER AT ALL TIMES. (b) ADDITIONAL SERVICE BUILDING REQURIEHENTS. SERVICE BUILDINGS: (1) SHALL BE LOCATED AT LEAST 15 FEET FROM ANY MOBILE HOME SPACE. (11) SHALL BE OF MOISTURE-RESISTANT MATERIAL ON THE INSIDE, TO PERMIT FREQUENT WASHING AND CLEANING AND SHALL BE ADEQUATELY LIGHTED. (111) SHALL BE OF PERMANENT CONSTRUCTION OF ONE-HOUR FIRE RATING, COMPLYING WITH CITY OF ENGLEWOOD BUILDING CODES. -30- • I • • - • (I • • • • (iv) SHALL HAVE ADEQUATE HEATING FACILITIES TO MAINTAIN A TEMPERATURE OF 68 DEGREES FAHRENHEIT DURING COLD WEATHER, AND TO SUPPLY ADEQUATE HOT WATER DURING PEAK HOUR DEMANDS . (v) SHALL HAVE ALL ROOMS WELL VENTILATED WITH ALL OPENINGS EFFECTIVELY SCREENED. (vi) SHALL PROVIDE SEPARATE COMPARTMENTS FOR EACH WATER CLOSET, ADEQUATELY SCREENING OTHER COMPARD1ENTS FROM VIEW. THE TOILET AND OTHER SANITATION FACILITIES FOR MALES AND FEMALES SHALL BE EITHER IN SEPARATE BUILDINGS OR SHALL BE SEPARATED, IF IN THE SAME BUILDING, BY A SOUNDPROOF WALL. THE SANITATION FACILITIES FOR MALES AND FEMALES SHALL BE DISTINCTLY MARKED TO DENOTE THE SEX FOR WHICH THEY ARE INTENDED. (25) WATER AND SANITARY SEWER SERVICE AND PLUMBING REGULATIONS. (a) WATER SUPPLY (1) AN ACCESSIBLE, SAFE, AND POTABLE SUPPLY OF WATER, WITH (11) A RESIDUAL PRESSURE OF NOT LESS THAN 20 PSI AT EACH MOBILE HOKE SITE UNDER NORMAL OPERATING CONDITIONS, SHALL BE PROVIDED IN EACH MOBILE HOME PARK. WHERE A PUBLIC SUPPLY OF WATER IS AVAILABLE, CONNECTION SHALL BE HADE THERETO AND ITS SUPPLY SHALL BE USED EXCLUSIVELY EXCEPT A PRIVATE WATER SUPPLY MAY BE USED FOR IRRIGATION PURPOSES. THE DEVELOPMENT OF AN INDEPENDENT WATER SUPPLY TO SERVE THE PARK SHALL BE HADE ONLY AFTER EXPRESS APPROVAL HAS BEEN GRANTED BY THE CITY AND PLANS AND SPECIFICATIONS FOR THE WATER SYSTEM HAVE BEEN APPROVED BY THE CITY AND -31- • I (j • • • • STATE DEPARTMENT OF HEALTH. (b) PUBLIC SEWER SYSTEM CONNE CTION REQUIRED. PARKS SHALL BE CONNECTED TO THE PUBLIC SEWER SY ST EM, AND SUCR CONNECTION SHALL BE APPROVED BY THE CITY . AL L SEWAG E DISPOSAL APPARATUS, INCLUDING APPURTENANCES THER ETO, SHA LL BE PROVIDED, MAINTAINED AND OPERATED SO AS NOT TO CREA TE A NUISANCE OR HEALTH HAZARD. THE USAGE OF THE SEWER SHALL CONFORM TO ALL CITY ORDINANCES. (c ) PLUMBIN G REGULATION S . ALL PLUMB I NG IN Til E MOBIL E HOM E PAR K SHA LL COH PLY WITH ST ATE AND CITY OF ENGLEWOOD PLUMBING CODES AND REGULATIONS. (26) ELECTRICAL REQUIREMENTS. (a) SERVICES. (i) ELECTRICAL SERVICES IN MOBILE HOME PARK S SHA LL COMP LY WITH THE REQUIREMENTS OF THE NATIONAL ELEC TRI CAL COD E, THE ELECTRICAL CODE OF THE STAT E OF COLORA DO , AND THE MUNICIPAL CODE OF THE CI TY OF ENGLEWOOD . (ii) ELECTRICAL DISTRIBUTION SYSTEMS IN MOB I LE HOM E PARK S SHALL 8E INS TALLED UNDERGROUND. SUCH INSTALLATION SHALL BE I N CON FO RMAN CE WITH TH E NAT I ONAL ELECT RIC AL COD E. (iii ) MO BILE HOME SPACES SHALL BE PROVI DED WITH AN APPROVED RA IN-TIGHT POWER OUTLET PAN EL WITH PEDESTAL CONTAINING 100 AMP MA IN DISCONNECT, ONE llOV 20A GFI RECEPT ACLE, AND ONE RECEPT ACLE RATED AT 50 AM PS, PROTECTED BY A 50 AMP CI RCUIT BR EAK ER. EACH PEDE STAL SHALL BE INST ALLED WITHIN 18 I NCHES OF THE MOB ILE HOM E. THE PEDEST AL SHA LL BE PERMAN ENTLY INSTALLED ON A POURED CONC RETE POST OR APPROVED METAL FRAM E SECU RED IN CONCRETE SET 30 INCHES -32- • I • (I • • • • BELOW GRADE. BOTTOM OF PEDESTAL HOUSING SHALL HAVE A HINIHUM HEIGHT OF 18 INCHES ABOVE GRADE. (iv} LIGHTING SHALL BE IN ACCORDANCE WITH SECTION (21), LIGHTIN G, ON PAGE 29. (b) BRANCH CIRCUITS. EXTENSION CORDS SHALL TERMINATE IN A PANEL INSIDE THE MOBILE HOME. SAID PANEL SHALL BE SUPPLIED BY AN APPROVED CORD 50 AMP 4-WIRE SINGLE PHASE. (27) "FUeL STORAGE AND CONNECTIONS. (a) MOlllLE HOMES USING LIQUEFIED PETROLEUM GAS FOR COOKING AND HEATING UNITS ARE SUBJECT TO INSPECTION FOR COMPLIANCE WITH THE STATE OF COLORADO LAW IN LIQUEFIED PETROLEUM GASES. THESE UNITS MAY BE CONVERTED TO USE NATURAL GAS. FOR THE SAFETY OF OCCUPANTS, IT SHALL BE THE RESPONSIBILITY OF THE PARK OWNER OR OPERATOR TO ENSURE THAT NO NATURAL GAS UNITS IN A MOBILE HOME ARE CONNECTED OR USED UNTIL SUCH GAS UNITS ARE INSPECTED AND APPROVED BY A GAS UTILITY COMPANY SUPPLYING THE SERVICE. ALL RULES AND REGULATIONS OF THE GAS UTILITY COMPANY AS FILED WITH THE PUBLIC UTILITIES COHHISSION SHALL BE ADHERED TO PRIOR TO GAS SERVICE BEING PROVIDED. (b) ALL PIPING FROM OUTSIDE FUEL STORAGE TANKS OR CYLINDERS TO HEATING UNITS IN MOBILE HOMES SHALL CONFORM TO APPLICABLE STATE LAW AND APPLICABLE ENGLEWOOD CITY ORDINANCES. ALL FUEL STORAGE TANKS OR CYLINDERS SHALL BE SECURELY FASTENED IN PLACE AND SHALL NOT BE LOCATED INSIDE OR BENEATH THE MOBILE HOME. (c) OIL STORAGE SHALL CONFORM TO APPLI CABLE STATE LAW AND APPLICABLE CITY OF ENGLEWOOD ORDINANCES. (28) REFUSE DISPOSAL. -33- • I • • (I • • • • TUE STO RAGE, COLLECTION, AND DISPOSAL OF REFUS E IN TUE MOBli.E HOME PARK SHALL BE SO MANAGED AS NOT TO CREATE HEALTH HAZARDS, ROD ENT HARBORAGE, INSECT -BREEDIN G AREAS, ACCIDENT HA ZARDS, OR AIR POLLUTION. ALL REFUSE SHALL BE STORED IN FLY-TIGHT, WATER-TIGHT, RODENT-PROO F CONTAINERS, WUICII SHALL BE PROVIDED IN SUFFICIENT NUt1llEJt AND CAPACITY 1'0 ACCO MMODATE ALL REFUSE FROM TilE I'AltK. SATISFACTORY CONTAINER RACKS OR HOLDERS SHALL BE PROVIDED AT PERMANENT LOCATIONS, CONVENIENT TO THE MOBILE HOME SPACES, IN AR EAS APPROPRIATELY SCREENED FROH VIEW, AND SHALL COMPLY WITH ALL HEALTH REGULATIONS. METHOD S OF STORAGE , COLLECTION AN D DI SPOS AL AR E SUBJECT TO API'ROVAL OF THE CODE ENFORCEMENT DIVISION. (29) ADDITIONS TO MOBILE HOMES. (a) NO ADDITIONS SHALL BE BUILT ONTO OR BECOME A PART OF ANY MOBILE HOME EXCEPT: (1) SKIRTING OF MOBILE HOMES, AS SET FORTH IN SECTION (14). (11) CABANAS, PATIOS, OR PORCHES . (111) AN ATTACHED GARAGE WILL BE PERMITTED IF IT DOES NOT DAMAGE THE INTEGRITY OF THE MOBILE HOME. (b) A BUILDING PERMIT SHALL BE REQUIRED FOR ANY ADDIT ION PERMITTED IN SECTION (29) (11) OR (29) (111) ABOVE . (30) STORAGE SPACE REQUIRED . (a) EACH MOBILE HOME SPACE SHALL BE PROVIDED WITH NOT LESS THAN 100 CUBIC FEET OF STORAGE SPACE. SUCH STORAGE SPACE HAY BE PROVIDED WITHIN INDIVIDUAL UNITS LOCATED ON EACH MOB ILE HOME SP ACE OR IN A CENTRAL BUILDING NO MORE THAN 100 FEET FROM TilE MOBILE HOME SPACE FOR WHICH THE STORAGE IS PROVIDED. ALL SUCH STORAGE UNITS AND BUILDINGS SHALL BE OF WEATHER RESISTANT MATERIALS AND ONE HOUR FIRE RESISTANT CONSTRUCTION. {b) NO STORAGE SHALL BE PERMITTED UNDERNEATH ANY MOBILE HOME. -34- • I • • - (I • • • • (31) PARKING OF MOBILE HOMES. (a) NO MOBILE HOME SHALL BE PARKED OR PERMITTED TO STAND UPON ANY PUBLIC STREET, HIGHWAY, ROAD, ALLEY OR OTHER SUCH RIGHT- OF-WAY FOR MORE THAN TWENTY-FOUR HOURS UNLESS A SPECIAL PERMIT IS OBTAINED FROM THE POLICE DEPARTMENT OF THE CITY OF ENGLEWOOD, COLORADO . (b) NO MOBILE HOKE SHALL BE MAINTAINED UPON ANY PRIVATE OR PUBLIC PROPERTY IN THE CITY OF ENGLEWOOD, COLORADO, WHEN TH E SAME IS USED FOR LIVING PURPOSES UNLESS 'filE PROPERTY IS RllClSTEIWD AS A HOillLE HOME I'AltK. NO HOillLE IIOH E SHALL llE STORED WlTIIlN ANY REQUIRED FRONT, SIDE, OR REAR YARD AS SPECIFIED BY THE COMPREHENSIVE ZONING ORDINANCE. (c) WHERE AN EXISTING INDIVIDUAL MOBILE HOME IS PARKED ON A PRIVATE LOT AND OCCUPIED AS A DWELLING ON THE EFFECTIVE DATE OF THIS SECTION, IT SHALL BE REGISTERED WITH THE CODE ENFORCEMENT DIVISION WITHIN 90 DAYS AFTER THE EFFECTIVE DATE OF THIS CHAPTER. (32) BUILDING PERMIT REQUIRED. (a) NO PERSON SHALL COMMENCE THE DEVELOPMENT OF LAND FOR A MOBILE HOME PARK, OR ALTER, INSTALL OR REMOVE ANY STRUCTURAL IMPROVEMENT IN ANY MOBILE HOME PARK WITHOUT FIRST SECURING A BUILDING PERMIT FROM THE CODE ENFORCEMENT DIVISION AUTHOR IZING SUCH ALTERATIONS, INSTALLATION OR REMOVAL. (b) AN APPLICATION FOR A PERMIT AUTHORIZING ANY STRUCTURAL INSTALLATION, ALTERATION OR REMOVAL WITHIN AN EXISTING PARK OR FOR THE DEVELOPMENT OF LAND FOR A MOBILE HOME PARK SHALL SET FORTH THE FOLLOWING INFORMATION, INSOFAR AS THE SAME IS APPLICAB LE AND IS KNOWN OR CAN BE ASCERTAINED BY THE APPLICANT THROUGH THE EXERCISE OF DUE DILIGENCE. THE APPLICATION FOR A PERMIT TO DEVELOP LAND FOR -35- I • • (I • • • • A MOBILE HOME PARK SHALL BE ACCOMPANIED BY THE APPROVED DEVELOPMENT PLAN. (i) A SURVEY BY A REGISTERED LAND SURVEYOR SHOWING THE LOCATION, BOUNDARIES, DIMENSIONS AND AREA OF THE PROPOSED MOBILE HOME PARK. (ii) THE NUMBER, LOCATION AND SIZE OF ALL MOBILE HOME SPACES. (iii) NAMES AND RIGHT-QF-WAY AND IDADWAY WIDTHS OF ADJACENT STREETS. (iv) ZONING AND LAND USE 01' SURROUNDING PROPERTY. (v) PROPOSED ROUTES OF ACCESS TO AND EGRESS FROM THE MOBILE HOME PARK. (vi) THE LOCATION AND WIDTH OF ROADWAYS AND WALKWAYS, RECREATIONAL AREAS, AND OFF-STREET PARKING AREAS WITHIN THE PARK (vii) THE LOCATION OF SERVICE BUILDINGS AND ANY OTHER PROPOSED STRUCTURES, AND THE LOCATION, DIMENSIONS ~~D PLAN FOR DEVELOPMENT OF THE REQUIRED RECREATION AREA. (viii) THE LOCATION, SIZE AND TYPE OF WATER AND SEWER LINES: TRAPS, VENTS AND RISERS FOil WATER AND SEWER. (ix) PLANS AND SPECIFICATIONS OF ALL BUILDINGS AND OTHER IKPIDVEMENTS CONSTRUCTED Oil TO BE CONSTRUCTED WITHIN THE MOBILE HOME PARK. (x) SUCH OTHER INFORMATION AS MAY REASONABLY BE REQUIRED. (c) THE PEIIMIT SHALL BE VALID ONLY FOR THE PLAN SUBMITTED WITH THE APPLICATION, AND SHALL NOT BE TRANSFERABLE TO ANY PERSON OTHER THAN THE PEIIMITTEE, NOR TO ANY OTHER LOT, TRACT, Oil PARCEL OF LAND WITHIN THE CORPORATE LIMITS OF THE CITY OF ENGLEWOOD. (d) THE PEIIMIT SHALL EXPillE SIX MONTHS AFTER THE DATE OF ISSUANCE IF CONSTRUCTION HAS NOT BEGUN, AND IS NOT DI LIGENTLY PURSUED. -36- I • • - • (I • • • .. • (e) ALL BUILDINGS AND UTILITIES TO BE CONSTRUCTED, ALTERED, OR REPAIRED IN A PARK SHALL COMPLY WITH ALL APPLICABLE CODES AND ENGINEERING SPECIFICATIONS OF THE CITY OF ENGLEWOOD AND THE · STATE OF COLORADO, AND ALL APPLICABLE PERMITS SHALL BE OBTAINED. (33) CERTIFICATES OF OCCUPANCY. (a) IT SHALL BE UNLAWFUL TO PERMIT ANY PERSON TO OCCUPY, MAINTAIN OR OPERATE A MOBILE HOME PARK WITHIN THE CORPORATE LIMITS OF TilE CITY OF ENCI.EWOOD UNLESS AND UNTIL A VAI.l U CER'J'J FJCA'I'E OF OCCUPANCY liAS llE EN OllTA 1 NED . (b) IN CONNECTION WITH ANY PARK ESTABLISHED AFT ER THE EFFECTIVE DATE OF THIS ORDINANCE, NO CERTIFICATE OF OCCUPANCY SHALL BE ISSUED UNLESS AND UNTIL ALL OF THE ROADWAYS ARE CONSTRUCTED WITHIN THE PARK AND NOT LESS THAN 50 PERCENT OF THE PARK HAS BEEN COMPLETED AND IS IN COMPLIANCE WITH THE TERMS OF THIS ORDINANCE. (34) EXISTING PARKS: CERTIFICATE OF OCCUPANCY. (a) WITHIN THIRTY DAYS AFTER THE EFFECTIVE DAT E OF THIS ORDINANCE OR WITHIN THIRTY DAYS AFTER ANNEXATION TO THE CITY OF ENGLEWOOD SUBSEQUENT TO THE EFFECTIVE DATE OF THIS ORDINANCE, THE OWNER OR OPERATOR OF EACH EXISTING MOBILE HOME PARK SHALL BE MAILED FORMS ON WHICH TO APPLY TO THE COOt: ENFORCEMENT DIVISION FOR A CERTIFICATE OF OCCUPANCY. APPLICATION SHALL BE IN WRITING AND SHALL CONTAIN SUCH INFORMATION AS THE DIVISION MAY REQUIRE TO DETERMINE WHEREIN THE PARK DOES NOT CONFORM TO ALL REQUIREMENTS OF THIS ORDINANCE. (b) THE CODE ENFORCEMENT DIVISION SHALL ISSUE A CERTIFICATE OF OCCUPANCY TO THE OWNER OR OPERATOR OF LEGALLY EXISTING PARKS: -37- I • • (I • • • • THE CERTIFICATE SHALL LIST THE REQUIREMENTS OF THIS ORDINANCE WITH WHICH THE PARK DOES NOT CONFORM. NONCONFORHANC E WITII HEALTII AND SAFETY REQUIREMENTS OF THIS ORDINANCE SHALL BE LISTED SEPARATELY FROM NONCONFORMANCE WITH OTHER REQUIREMENTS. (c) IT SHALL BE UNLAWFUL TO PERMIT ANY PERSON TO OCCUPY ANY MOBILE HOKE IN ANY MOBILE HOME PARK WITHIN THE CORPORATE LIMITS OF THE CITY OF ENGLEWOOD UNTIL ALL FACILITIES THEREFOR HAVE BEEN INSPECTED AND APPROVED BY THE CODE ENFORCEMENT DIVISION AND A PERMIT TO OCCUPY THE UNIT HAS BE EN ISSUED. (35) EXISTING PARKS: ALTERATION, EXTENSIONS. NO EXISTING PARK WHICH DOES NOT MEET THE REQUIREMENTS OF THIS SECTION SHALL BE REMODELED, RECONSTRUCTED, REDEVELOPED, ALTERED, EXTENDED OR REDUCED IN SIZE, EXCEPT IN A MANNER WHICH INCREASES THE DEGREE OF COMPLIANCE WITH THIS SECTION. (36) COMPLIANCE WITH REGULATIONS. THE PERSON TO WHOM A MOBILE HOME PARK OCCUPANCY PERMIT IS ISSUED SHALL AT ALL TIMES OPERATE THE PARK IN COMPLIANCE WITH THIS SECTION AND REGULATIONS ISSUED HEREUNDER, AND SHALL PROVIDE ADEQUATE SUPERVISION TO MAINTAIN THE PARK, ITS FACILITIES AND EQUIPMENT IN GOOD REPAIR AND IN A CLEAN AND SANIT ARY CONDITION AT ALL TIMES. (37) ANN UAL INSPECTIONS REQUIRED. (a) THE CODE ENFORCEMENT DIVISION IS HEREBY AUTHORIZED AND DIRECTED TO INSPECT EACH MOBILE HOME PARK LOCATED WITH IN THE CITY OF ENGLEWOOD ANNUALLY IN ORDER TO DETERMINE THE DEGREE OF COMPLIANCE OR NONCOMPLIANCE WITH THE TERMS OF THIS SECTION AND TO ENFORCE COMPLIANCE WITH THE PROVISIONS OF THIS SECTION. THE INSPECTOR SHALL HAVE THE POWER 1'0 ENTER AT A REASONABLE TIME, UPON REASONABLE NOTICE, ANY PRIVATE OR PUBLIC PROPERTY FOR THE -38- • I • - - ( • (I • • • • PURPOSE OF INSPECTING AND INVESTIGATING CONDITIONS RELATING TO THE ENFORCEMENT OF THIS SECTION OR ANY REGULATION WHICH MAY BE PROMULGATED HEREUNDER. THE INSPECTOR SIIALL MAK E SUCII ADDl'flONAL lNSJ>ECTIONS AS HA Y llE NECESS ARY '1'0 ASSURE COMPLIANCE WITH THIS SECTION. (b) IT SHALL BE UNLAWFUL FOR ANY PERSON TO REFUSE THE INSPECTOR ACCESS TO A MOBILE HOME PARK FOR THE PURPOSES OF INSPECTION. -39- • I • - (I • • • • f,f DEFINITIONS (TO BE INCORPORATED IN SECTION IS .IO, DEFINITIONS. (1) ACCESS ROAD. ACCESS ROAD SHALL MEAN THAT AREA PRIVATELY OWNED AND MAINTAINED AND SET ASID E WITHIN A MOBILE HOME PARK FOR AN INTERIOR ROAD SYSTEM, PROVIDING PRINCIPAL MEANS OF INGRESS TO INDIVIDUAL HOBILE HDHE SPACES AND EGRESS TO STREET . (2) EXISTING PARK. A MOBILE HOHE PARK EXISTING WITHIN THE CITY OF ENGLEWOOD ON THE EFFECTIVE DATE OF THIS ORDINANCE OR EXISTING ON THE DATE OF ANNEXATION WITHIN TERRITORY ANNEXED TO THE CITY OF EN GLEWOOD SUBSEQUENT TO TH E EFFECTIVE DATE OF THIS ORDINANCE. (3} MOBILE HOHE. A DETACHED, SINGLE RESIDENTIAL DWELLING UNIT WHICH HAS ALL OF THE FOLLOWING CHARACTERISTICS: (a} IT IS DESIGNED FOR LONG-TERM OCCUPANCY AND CONTAINS A FLUSH TOILET, TUB OR SHOWER BATH, KITCHEN FACILITIES, AND SLEEPING ACCOMMODATIONS. (b) IT IS DESIGNED TO BE TRANSPORTED AFTER FABRICATION ON ITS OWN WHEELS, ON A FLATBED OR OTHER TRAILER. (c) IT ARRIV ES AT THE SITE WHER E IT IS TO BE OCCUPIED AS A DWELLING COMPLETE, INCLUDING MAJOR APPLIANCES AND FURNITURE, AND READY FOR OCCUPANCY EXCEPT FOR MINOR AND INCIDENTAL UNPACKING AND ASSEMB LY OPERATIONS, LOCATION ON JACKS OR OTHER SUPPORTS, CONNECTION TO UTILITIES, AND THE LIKE. DOUBLE-WIDE OR TRIPLE-WIDE MOBILE HOMES: A MOBILE HOME CONSISTING RESPECTiVELY OF TWO OR THREE SECTIONS COMBINED HORIZONTALLY AT THE SITE TO FORM A SINGLE DWELLING, WIIILE STILL RETAINING THEIR INDIVIDUAL CHASSIS FOR POSSIBLE FUTURE HOVEHENT. EXPANDABLE MOBILE HOKE: A MOBILE HOME WITH ONE OR MORE ROOM SECTIONS THAT FOLD, COLLAPSE, OR TELESCOPE INTO THE PRINCIPAL UNlT WHEN BEIN G -40- • I • - (I • • • • • TRANSPORTED AND WHICH CAN BE EXPANDED AT THE SITE TO PROVIDE ADDITIONAL LIVING AREA. (4) MOBILE HOKE PARK. A TRACT OF LAND EITHER IN SINGLE OWNERSHIP OR DIVIDED INTO BLOCKS AND/OR LOTS WHICH HAY BE IN SEPARATE OWNERSHIP, WHICH HAS BEEN DEVELOPED WITH ALL NECESSARY FACILITIES AND SERVICES IN ACCORDANCE WITH A SITE DEVELOPMENT PLAN, MEETING ALL OF THE REQUIREMENTS OF THIS ORDINANCE AND WHICH IS INTENDED FOR THE EXPRESS PURPOSE OF PROVIDING A SATISFYING LIVING ENVIRONMENT FOR MOBILE HOME RESIDENTS ·ON A LONG- TERM OCCUPANCY BASIS. (5) MOBILE HOKE SPACE. A PLOT OF GROUND WlTHlN A MOBILE HmU:: PARK, DESIGNED FOR THE ACCOMMODATION OF ONE MOBILE HOKE. (6) OPEN SPACE DEPTH. OPEN SPACE DEPTH SHALL BE THE MINIMUM OPEN SPACE DISTANCE ON THE LOT (EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED) PERPENDICULAR TO THE WALL OF THE DWELLING UNIT AT ANY POINT, OR TO ANY ADDITION TO THE DWELLING UNIT WHICH IS ENCLOSED FOR MORE THAN 50 PERCENT OF ITS PERIMETER OR FOR MORE THAN 10 PERCENT OF THE PORTION OF ITS PERIMETER OPPOSITE ANY CLASS A, B, OR C EXPOSURE OF THE DWELLING UNIT. (7) PARK PERMIT. A WRITTEN INSTRUMENT ISSUED BY THE CITY ADMINISTRATION AUTHORIZING THE CONSTRUCTION OR EXTENSION OF A MOBILE HOME PARK UNDER THIS ORDINANCE AND THE REGULATIONS THAT HAY BE PROMULGATED HEREUNDER. (8) ~· PATIO SHALL MEAN A PAVED AREA ADJACENT TO THE MOBILE HOKE PARKING SPACE, AND ACCESSIBLE FROM THE MAIN ENTRANCE TO THE PARKED MOBILE HOME. (9) (10) PERHANENT ADDITION. PERMANENT ADDITION SHALL MEAN ANY STRUCTURAL EXTENSION FROH ANY PORTION OF A MOBILE HOME, NOT INCLUDING TEMPORARY CANVAS AWNING . SERVICE BUILDING A BUILDING HOUSING SANITARY FACILITIES AND/OR LAUNDRY FACILITIES OR SUCH OTHER FACILITIES AS HAY BE REQUIRED BY THIS ORDINANCE. -4 1- • I • • ...... (I • • .. (,J (11) STREET OR HIGHWAY. STREET OR HIGHWAY SHALL MEAN A PUBLIC THOROUGHFARE WHICH AFFORDS PRINCIPAL MEANS OF ACCESS TO ABUTTING PROPERTY. -42- • • I • • • • • • All other portions of sa i d Sec t ion ranain the same. Section 2. ord1nance: The following legal provisions shall apply to this A. Separability Clause. If any article, section, subsect i on, sentence , c lause or phrase of this Ordinance is for any reason held to be unconstitutional, such decision shall not affect the va lidity of the ranaining portion of this Ordinance. The Council of the City of Engle~od hereby declares that it ~uld have phrased this Ordinance and each article, section, subsection, clause or phrase hereof, irrespective of the fact that any one or more articles, sections, sentences, clauses and phrases be declared unconstitu-tional. B. Scope. This Ordinance relates to zoning, and it does not repeal, abrogate, annul, or in any way impai r or interfere with existing provisions of other laws or ordinances, except those repealed herein. ~er e this Ordinance imposes a greater restriction upon land, buildings, or structures than imposed or required by such existing prov isions of law or ordinance, the provisions of this Ordinance shall control. c. Violation and Penalty. Any person, fi rm, or corporation that violates, disobeys, om i ts, neglects or refuses to comply with or resists the enforcement of any of the provisions of this Ordinance shall be fined not less than ten dollars ($10) nor more than three hundred dollars ($300) for each offense. Each day that a violation exists shall const i tute a separa te offense. Any buildings erected, r ai sed, or converted or l a nd or pranises used in violation of any prov i sions of thi s Ordinance, or any amendment hereto, i s here by declared to be a common nui s a nce a nd s uch common nu i sance may be abated in such manner as nu isances a re no w or ma y hereaft er be abated . D. essity. The City Council hereby finds, determines , and declares that this Ordinance is necessar y for the immediate preservation of the public peace, health , safety and convenience . Section 3 . Hearing . In accordance with Section 40 of the City Charter , the C1ty Council shall hold a public hearing on this Ordinance , fore final passage , at 7 :30p .m. on M:>nday , August 6 , 1984 . -43- • I • • • -• • ( C 0 U N C I L C 0 M M U N I C A T I 0 N DATE AGENDA ITEM 1d SUBJECT Joint Recreation Agreement July 16, 1984 INITIATED BY The Englewood Parks and Recreation Commission ACTION PROPOSED Approval of the Joint Recreation Agreement by City Council After discussion at its regularly scheduled meeting on July 12, 1984, concerning the Joint Recreation Agreement on the Englewood High School Swimming Pool, the Englewood Parks and Recreation Commission, with one dissenting vote, agreed to send the aforementIoned agreement to City Counc i 1 for approval at Council's next scheduled meeting. • I • • • • - • • • • • Section 4. In the opinion of the City Counc i l, an emergency exists. 'Iherefore, this Ordinance shall take effect and be in force fran and after its final passage and publication. '1he emergency is that the current ordinances of the City of Englewood do not address certain important land use issues necessary for the proper developnent of the City. 'Ibis ordinance shall address those deficiencies. Introdu::::ed, read in full, and passed on first reading on the 16th day of July, 1984. 1984. Published as a Bill for an Ordinance on the 18th day of July, Attest: aJgene L. Otis, Mayor ex off1c1o C1ty Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and canplete copy of a Bill for an Ordinance, introdi.X:ed, read in full, and passed on first reading on the 16th day of July, 1984. Gary R. Hlgbee -44- • I • • I. CALL TO ORDER. • • - URBAN REN~AL AUTHORITY May 30, 19 84 The Special Meeting of the En glewood Ur ban Renewal Authority was called to order by Vice-Chairman No vicky at 6:00 P . M. Members present: Minnick, Neal, Novicky Powers, Exec utive Director Members absent: VanDyke, Voth, Cole, Totton Mcintyre, Non-voting Alternate Member Also present: Wm. Richard Hinson, Economic Developmen t Plann er City Manager McCown Inasmuch as a quorum was not presen t, Ms . Powers suggested that some items not needing formal action be discussed. II. RELOCATION PERSONNEL/AUTHORITY FINAN CIAL ST ATUS. Ms. Powers discussed the need for additional staff ass i stan ce to deal with the relocation of tenants and businessmen in t he project area. Ms. Powers stated that a lady who worked with the Boulder Urban Renewal Au- thority on r elocation has met with her, and is interested in working part time; the estimate is roughly 20 hours per week, a nd wou ld be o n a "con tract" basis. Mr. Novicky asked if this individual would be duplicating Mr . Whiting 's job with the redeveloper. Ms. Powers stated that this would not be a duplication of effor t, inasmuch as this person would be working on re- location of the tenants and businesses that are displaced by the Authority; Mr . Hinson would coordinate the work program for the Relocation Officer and Negotiator Scott McDowell. Ms. Powers stated that a draft of a proposed contract has been prepared for the consideration of the Authority and for action at the next regular meeting. This person's salary will come from the bond issue proceeds. Ms. Powers stated that she estimates the relocation efforts should be concluded within the next eight months. Ms. Powers stated that at the last meeting, Mr. Minnick had inquired about the financial standing of the Authority. Ms. Powers presented a summary of the expenditures of the Authority to date for 1984, and a proposed bud- g t for th administration fees realized from the bond issue. Ms. Powers pointed out that the proposed budget is only an estimate at this time. Expenses that would be charg d to the bond issue proce ds were discuss d; Ms. Pow rs stat d that in 1985 , full-time salary for the Economic Develop- ment Planner and the overtime of the Recording Secretary to attend Urban Renew 1 Authority m etings would be charged to this account. The salary for th R location Officer will be charged to this account for the remaind r of 1984, and for the duration of the relocation activities • • A I • • • • • • -2- In conj un ction with the financial standing of the Authority , Ms . Powers stated that there is a n eed for the s t aff to have a better handle o n the expenditures and rev e nu es on a more deta iled basis than is available with the present accounting system . It is proposed tha t a p e r so nal computer be purchased from the bond issue proceeds, which may be tied in with th e City's prime comput e r sys tem t o give the Authority access t o the reco rd s , but enable the staff to do th e i ndependent bookkeeping need ed . Mr . Neal aksed if there is anyone on staff i n the Department who could operat e the computer. Ms. Powers stated that Mr s . Linda Knopinski of the Housing Division does have some experience in working with t he Finance Depa rtment to set up an accounting system for the Housin g Authority, and s he would be the person working with the Authority staff on this project. Mr s . Knopinski would attend a tra ining session on the i n dividual comp ut e r to learn how t o operate it. Mr. Novicky asked why time could not be purchased fr om the Finance Depart- ment on the City's computer . Ms. Powers discussed the options o pen to the Authority to get the type of accounting system that is needed and wanted, and pointed out that the City system is n o t available to this extent now. Mr. Novicky asked if there would be sufficient account i ng for the Authority to justify the expense of the com put er. Ms. Powers stated that the re would be sufficient work f o r th e Authority to justify this expense at least initially; in the futu re, it may prove feasibl e to share time and expense with the Housing Authority if they were interested, Ms. Powers pointed out that all equipment would r ev e rt t o the control of the City of Englewood at such time as the Urban Renewal Authorit y no longer needs it, or is no longer active. The role of the Relocation Officer was discussed. It will be the responsi - bility of this person to act as a liaison between the Auth o rity and the ~us inessman/tenant that is being relocated. Mr. Hinson stated that the Relocation Officer will provide a "distance" between the Authority and the property owner; it will be o n e of the responsibilities of the Reloca- tion Officer to inspect th e premises to determine what is real property and what is personal property. The Relocation Officer will make the presentation to the Authority on any appeals a tenant/businessman may have on relocation benefits, and will make recommendation s to the Authority on a solution to an appeal. Mr. Novicky questioned the inclusion of the Floyd Avenue Realignment as an expenditure under the Bond Issue Proceeds. Ms. Powers stated that the cost of land purchase is not included; the cost of construction up to the Broadway/Lincoln alley is included. Ms. Powers stated that there is some flexibility and the funds can be "moved around", but pointed out that it is easier to include a project and then not do it, than to add a project after the issue has been approved. Ms. Judy Belnap entered the meeting at 6:30 P. M. Ms. Powers introduced Ms. Belnap, and stated that she has discuss d th position of Relocation Officer with Ms. Belnap, who performed these duties for the Boulder Urban Renewal Authority. Ms. Powers asked Ms. Belnap to t 11 the Authority more about her duties in Boulder, and her busin ss experience, Ms. Belnap stated that she would submit a r sum ' to the Authority and staff within the near future. She served as relocation officer with the Boulder Urban Renewal Authority for two and on -half years, and assisted in relocating 60+ businesses. Ms. Belnap stated that she assisted in • i) I • • • - -3- finding new locations for a business t o move t o , made reports to the Urban Renewal Authority, made decisions on relocation claims, and handled review of appeals to the Authority. Ms . Belnap sta ted that after the relocation process was completed, she became involved in the project management and con struction management, and worked with the Cross roads Children's Center, a city-owned day care center located in the Crossroads Shopping Center, Ms . Belnap stated that she did a lot of liaison work between the Urban Renewal Authority, the City o f Boulder, and the private sector. Ms. Belnap stated that she also worked with the transportation engineer, on landscaping design, and design review committees. Ms. Belnap stated that she is of the opinion that the relocat ion effort in a redevelopment /urban renewal project is very important politically . She stated that she is well trained in looking at both sides of an issue. Ms. Belnap stated that the 15 years she worked for the Bell system was an important tool in learning to handle peop le. Ms. Belnap stated that she tries to approach each business/tenant as an i ndiv idual, a nd with a g r eat deal of empathy for their situatio n. She stated that she had a good suc- cess rate in Boulder with the relocation efforts, and she is of the opinion that this can be attribut ed to the way she handled the people. I t is very important that all businesses/tenants be treated fairly. She stated that it will be very important for the businessmen/tenant s to hear that the City of Englewood ca r es about the businesses. Mr. McCown asked if Ms . Belnap would assist the bus inessmen in find i ng other locations. Ms. Belnap s tat ed that she woul d, and that this is a very satisfying part of the job . Mr. McCown asked if Ms. Belnap would work up the financial statements for the people being r elocated so they would have an estimate of the cost . Ms. Belnap stated that she would not. Mr. Neal asked Ms. Belnap how she would envision her role in terms of whether s h e would represent an individual merchant, or the Authority . Ms. Belnap stated that her role would be to represent the structure within which the process is occurring --to explain to the individual merchant up front exactly what can be expected , what kind of help they can expect from her, and what assistance they can expect to receive in relocation benefits. In this regard, she would be a liaison between the businessman and the Authority. She stated that she felt it is imp o rtant to make available to the businessman as many of th e known factors as possible; this helps to alleviate the trauma of the relocation. Ms. Belnap stated that she would represent the Urban Renewal Authority, but is also the channel through which individual businessmen/tenants can move the appeal or relocation benefit claim. She would serve as the most direct route through which a businessman/tenant would present a claim. She stated that she would not legally represent the claimant. Ms. Powers asked if Ms. Belnap had r viewed the Relocation Handbook. Ms. Belnap stated that she had done so, and cited some points of dif- ference between the Boulder process and that followed in Engelwood, such as an upper limit on relocation benefits . Ms. Belnap stated that the highest relocation payment in the Boulder relocation was $55 ,000, and that the average was $15,000. Mr. Minnick asked if Ms. Belnap had the ability to go through a business, and determine whether appliances or fixtures are real or personal property. Ms. Belnap stated that she felt she was capable of doing this, that she had done quite a bit of it with the Boulder Urban Renewal Authority. • • I • • • • • -4 - Ms. Belnap stated that she understood the proposed contract between the Authority and he rs elf called for 20 hours per we ek ; she stat ed that she is working on a PhD in Ur ban Geography , and wants to contin ue to do so , but would like to wo rk part-time. Sh e stat ed that she would also like to be involved in the redevelopment project beyond the reloca t ion process. Sh e is very interested in learning about new cities , and in working through new experiences. Ms. Powers stat ed that at this point in time, the intent is to concentrat e on the relocation of the businesses/tenants, and that the scope o f the job may be expanded at a later date . Mr. Novicky stated that it would be very important to get the feeling and the political background of the urban renewal project and all the individuals involved . This wo uld be very important f o r any r elocation officer . Ms. Belnap stated that she would be interested in working closely with the person doing the actual pu r chase of th e prop erties . Ms . Powers thanked Ms . Belnap for her presentation to the Autho r ity . ~~. Belnap excused herself from the meeting . Mr. Neal stated that he felt there should be a tighter contr ol on the "guarant ee" of 20 hours per week. Ms . Powers s tated that this section of the contract would be r ewritt e n. Mr. Minnick asked if the 20 hours per week would be sufficient. Ms. Pow e rs stated that she didn't know; at the beginning of the r elocation program, it may require more than the 20 hours per we e k. III. PROPERTY REPORT. Mr . Hinson reported that the Authority will be closing on the properties own ed by Ms . Paige and Mr. Richardson in the next week or so . The closing for Mr. Breidenstine 's property will be shortly thereafter. Mr . Hin son reported the latest information on Mr . Schmitt's property, and that it appeared the outstanding debt wa s not as much as originally anticipated. After these property acquisitions have been closed, this will leave the Forington and Calkins properties; both of these property owners have asked that a second appraisal be obtained on their property. Mr. Steve Bell entered the meeting at 7:05 P . M. Mr. Hinson discussed his contact with Action Answering Service following the last meeting of the Authority on May 16th. The offer has not been accepted, but has not been rejected, either. Mr. Hinson stated that he was informed that Mr. Ebersberg wanted to appeal the relocation benefits at the regular meeting of June 6th, and Mr. John Criswell is representing Action Answering Service . Mr . Criswell has asked that a meeting be set up with himself, Mr. Opperman and Mr. Hinson to discuss the relocation process/benefits, and this meeting will be set for the early part of next week. Mr. Hinson reported on a conversation he had with Mr. Clayton, another tenant at 3401 South Bannock Street. Mrs. Cole entered the meeting at 7:15 P. M • • I • • - ( • • • • An uprlate on recent legal actions f iled against the Authority was given . Ms. Powers stated that Ms. Cole has indicated that she will be out of town on June 13th, a date of a special meeting of the Authority. Mr. Benedetti has indicated that Mrs . Cole must be registered as absent, and not casting an absentee vote. There is no problem with Authority members purchasing bonds if they so wish. Mr. Benedetti did suggest, however, that if Authority members have an interest in purchasing the bonds , that this be put in writing and submitted to the Authority for the record . Mr. Bell agreed that this would be a wise suggestion, and that a notation of such intention in writing be made in the Authority minutes. Mr. Novicky stated that he had a question regarding the pending litigation and the wording on the proposed general statement for the bond issue. Mr. Bell stated that this wording can change up to the date of closing. Mr. Bell stated that the important thing is for the attorneys to answer that any pending litigation won ·'t have any material effect on the issuance of bonds. Mr. Novicky asked if the Authority will still get possession of the prop- erties. Ms. Powers noted that the Physical Whimsical suit prevents the filing of a condemnation suit on that particular property. Mr. Neal asked about the property at 3311 South Broadway. Ms . Powers stated that appraisal was due in this afternoon; this was done by Joseph Farber & Company, and the staff has been informed verbally of the amount of the appraisal. Mr. Neal asked if Brady Corporation is dealing with the tenants of this building. Ms. Powers stated that the Urban Renewal Authority staff has been in contact with several of the tenants. Mr. Hinson reported more fully on contacts with the tenants at 3311 South Broadway. The tenants at both 3311 South Broadway and 3401 South Bannock have been told that if they find a location to move to, that the staff and Authority will be of assistance to them; the property owner has been told that the Authority will compensate him for lost rent income until the time of acquisition of the property by the Authority. Mr. Hinson referred to a letter from the Overseas Christian Servicemen 's Centers, located at 3311 South Broadway, regarding the relocation. Mr . Hinson stated that he has also been contacted by Mr. Leo Lentsch of the Eagles regarding relocation of this organization. Mr. Hinson stated that it is possible that there would be three or four relocation benefit requests for the Authority to consider at the next meeting. Ms. Powers presented a copy of a letter from Lehman, Butterwick & Company, who did the audit, regarding the transfer of funds by the City Council to the Authority to facilitate property acquisition. IV. TAX INCREMENT BOND ANTICIPATION NOTES. Mr. Bell stated that he would like to review th documents which were delivered to the Authority members this la t weekend. Ms. Powers stated that she has already telephoned a number of changes into the Bond Counsel representatives • • I • • • • • • -6- Mr. Bell stated that the Offical Statement is what is used to market the bonds; this is a disclosure statement, and all facets of the project -- both good and bad--mu s t be disclosed for the protection of the investor. The documents have been written by Kutak, Rock & Huie, who have been selected as bond counsel for the Authority; the documents are based on information supplied by the City staff, and by the Authority. Ms . Cole asked why the tax notes would not be registered with the SEC. Mr. Bell stated that no municipal issue is registered with the SEC. Mr. Neal asked how difficult it is to make a change once these documents have been approved. Mr. Bell discussed the timing involved in the changes, and noted that several things throughout the Official Statement have been marked "subject to change". He stated that depending on the amendment, there may have to be an amendment to the official statement at a later date. Mr. Neal asked if one of the projects did not ultimately cost what was estimated, could the remaining funds be used on a different project; he asked how much !attitude the Authority had in such matters. Mr . Bell stated that this would not be too difficult the way the documents are written; this does allow flexibility within the project area . Ms . Powers asked about amending the boundary of the project area. Mr. Bell stated that as long as the amendment would have no effect on the security of the bonds, the trustee would have no authoritative position on such an amendment. Mr . McCown asked whether it is clear that the sales tax increment from Cinderella City is excluded from the revenues for the bond issue . Mr. Bell stated that this is clarified by the use of maps; one for the prop- erty tax increment district, and one for the sales tax increment district. Ms. Powers pointed out that on Page 11, the 1983 figure should be 11.77, with no parenthesis. Page 12, the 1983 figure should be 86.400. Ms. Powers discussed the method used to determine the sales tax increment for the district since it has been formed, using that from August through December for 1982, and then switching to a January through December calendar year. The effect an increase or decrease in mill levy would have on the revenues was discussed. The matter of using bond issue proceeds to finance the construction of the Floyd Avenue realignment was discussed. Mr. Bell stated that if the Authority, as a body, can determine that the use of these funds to con- struct the small portion of the realignment that is outside the district would be directly related to and beneficial to the total project, it would be OK. Mr. Minnick posed questions on the "sinking fund", which Mr. Bell addressed. Mr. B 11 pointed out that these are four year notes that will be refinanced at the end of four years. There is a three-year call option on the notes, with no premium or penalty on the three-year call. The amount that could be saved in a three-year payoff would depend on the current interest rate • • I • • • • • • -7- Mrs. Cole asked if all the notes ar e due at the same time. Mr. Bell stated that they are. Mrs. Cole asked if all notes could be called at the same time , if the Authority determined to exercise the call option. Mr . Bell stated that all or a portion of the bonds may be called at the three-year option. Mr. Neal stated that long-term bonds would have to be in place prior to exercising the call option. Mr. Bell agreed. Mr . Novicky questioned on Page 18, wherein the determination of a "blighted" area has been questioned in litigation. Mr . Bell stated that process to determine blight is described by State Statute and may be determined by the governing body. The City Council does have the right to make this determination. Ms. Powers stated that there are a lot of statistics that were gathered to support the finding o f "blight", and that Mr . Opperman, counsel to the Authority, was very comfortable with the statistics to support this finding. Mr. Minnick suggested on Page 21, that RTD be included as a taxing entity. Mr. Bell agreed that it should be included. Mr. Bell questioned the percentage of the total area that is exempt from taxation by virtue of being public property . Discussion ensued. Ms. Powers stated that these figures would be checked. Page 33, regarding the litigation was discussed. Ms. Powers stated that this section is being rewritten. Mrs. Cole expressed concern that so much depends on the ability of one redeveloper. Discussion ensued. The possibility of the Authority taking out an insurance policy on the redeveloper himself was discussed. Mr. Bell stated that he has never seen this procedure followed in municipal bond issues, but doesn't know why it could not be done. Ms. Powers pointed out that the redeveloper is signing a lot of documents as an "individual" and not as a part of the corporation. Further discussion ensued . The amount of a policy for a two or three year period was considered. The staff will obtain cost estimates on such policy. Projects to be financed in Phases I and Phases II were discussed. The Phase I projects are pretty well underway at this time. Mr. Neal asked about a lease-back operation on a new City Hall. Mr. Mc Cown s tated that this is a pretty expensive way to go, and that he felt the City should look to owning their own building. Th e AGREEMENT FOR PURCHASE AND SALE OF REAL ESTATE was dis cussed. This pertains to purchase by the redeveloper of parcels acquired by the Au- thority, which would bring in an estimated $1,800,000 in revenues. Ms. Powers pointed out that the parcel on the east side of South Acoma Street in the 3400 block south is not part of the first phase construction. Dis- cussion ensued on the schedule of purchase of this parcel and the clearing of that land. If the primary redeveloper will not or cannot purchase this property at the scheduled time, the Authority can offer it for sale to someone else, with the primary redeveloper making up whatever difference there is in the actual selling price and the price agreed to in this pro- posed contract. The RESOLUTION OF THE URBAN RENEWAL AUTHORITY, was discussed. This docu- ment authorizes the Urban Renewal Authority to issue and sell the tax • I • • • • • - -8- notes. Ms. Powers stated that this document will be scheduled for a special meeting of the Authority. The COOPERATION AGREEMENT between the City of Englewood and the First National Bank of Englewood as Trustee for the Authority, was discussed. This document names the First National Bank of Englewood as the trustee. The NOTE PURCHASE AGREEMENT was considered . This would be adopted im- mediately after the Resolution of the Commission, and will set forth the terms, rates, etc. for the sale of the notes, and is a binding document for investor bankers. Mr. Novicky asked what rate the bonds would be selling at. Mr. Bell stated the interest rate would probably be 9%, but this is not definite. Ms . Cole asked if the interest rate would be determined prior to signing. Mr. Bell stated it would be. Ms. Powers pointed out that only the Authority's share of the payment to Laventhol-Horwath is to come from the bond proceeds; the redeveloper is to pay half the cost of the report. The INDENTURE OF TRUST was the next document reviewed. Mr. Neal asked who was reviewing this document. Ms. Powers stated that Mr. Benedetti is reviewing this document on behalf of the Authority. The INTERGOVERNMENTAL COOPERATION AGREEMENT among the Authority, Arapahoe County, and the First National Bank of Denver was considered. Mr. McCown asked if this has been discussed with representatives of the County. Ms. Powers stated that it has not. Mr. McCown suggested that possibly County Commissioner Brooks would be a good contact. Ms. Powers stated that Mr. Benedetti has approved this document. Page 7, of the INDENTURE OF TRUST, was referred to; it was noted that the wording should be changed to read "City Manager" rather than "City Council", in the next to last paragraph. V. BOND COUNSEL AGREEMENT. Ms. Powers stated that Kutak, Rock & Huie were approved as bond counsel for the Authority in early 1983; however, no formal agreement was signed. This firm has now submitted a written agreement offering their services for $75,000. Minnick moved: Neal seconded: The Urban Renewal Authority approve the agreement with Kutak, Rock & Huie to act as bond counsel for a fee of $75,000, and authorize Mr. Novicky as Acting Chairman to sign this agreement. AYES: Cole, Minnick, Neal, Novicky NAYS: None ABSENT: Voth, Totton, VanDyke Th e motion carried • • I • • - - • ( • • • • -9- VI. PROPERTY NEGOTIATION RESOLUTIO ~ 3311 South Broadway Neal moved: Minnick seconded: The Urban Renewal Authority approve Resolution #2 3, Series of 1984, A RESOLUTION OF THE URBAN RENEWAL AU- THORITY ASSERTING THAT THE APPRAISED VALUE AS DETERMINED BY JOSEPH FARBER & CO. FOR THE PROPERTY/LEASEHOLD INTEREST AT 3311 SOUTH BROADWAY, ENGLEWOOD, COLORADO 80110 IS THE FAIR MARKET VALUE OF SAID PROPERTY/LEASEHOLD INTEREST, AND DIRECTING THE AUTHORITY'S NEGOTIATOR TO USE SAID FAIR MARKET VALUE AS THE BASIS OF NEGOTIATIONS TO ACQUIRE SAID PROPERTY/LEASEHOLD INTEREST BY THE URBAN RENEWAL AUTHORITY. Ms. Powers stated that if the Appraisal exceeds the previously cited amount, Authority members will be so notified. AYES: Cole, Minnick, Neal, Novicky NAYS: None ABSENT: Totton, VanDyke, Voth The motion carried. VII. PURCHASE OF COMPUTER. Ms. Powers asked for direction on the proposed purchase of a computer to handle the accounting for the Authority. Discussion ensued. Neal moved: Minnick seconded: The Urban Renewal Authority authorize the purchase of a personal computer to be compatible with the City computer system. AYES: Minnick, Neal, Novicky, Cole NAYS: None ABSENT: VanDyke, Voth, Totton The motion carried . The meeting adjourned at 9:15 P.M. • I • • I . CAL L TO ORDER. • • • URBAN RENE WAL AUTHORITY J une 6, 1984 5 The r e gular meeting of the Englewood Urban Renewal Authority was c all e d t o o rd e r at 5:40 P. M. by Vice-Chairman Larry Novicky . Me mb e r s pres ent: Neal, Mi nnick, Totton, Cole, Novic ky Mcintyre, Non-voting Alte rnat e Powers, Executive Director Member s abs ent: Voth, VanDyk e Als o present: Economic Development Planner Wm. Ri chard Hinso n City Manager McCown Assistant City Manager Vargas II. APPROVAL OF MINUTES. April 2 5, 1984 May 2 , 1984 May 16, 1984 Mr . No vicky stated that minutes o f th e spec ial meeting of April 25, 1 984, t h e reg ul ar meeting of May 2, 1984, and the special meeting of May 16, 1984 we r e t o be c on sidered for approval. Minnick moved: Cole s econded: The Authority approve the Minutes of April 25, May 2, and May 16 as written. Ms . VanDyk e entered the meeting, and was apprised of the motion on the floor . Mr . Tot t on s t a t e d that h e would a bstain from vo t i ng on the Minutes of Ma y 16 due to a b sen ce . AYES: Novicky To tton, VanDyke , Cole , Minn ick, Ne al NAYS: None ABSE NT : Voth ABSTAIN: Totton (May 16 Minutes) The mo t i on c arried; the minutes stand approved as written . III. ENGLEWOOD J AY CEES 180 West Girard Avenue Mr. Hinson stated that a Mr. Bu rn e tt had co n tac t ed t he Ur ban Ren ewal Au- thority staff on beh alf of the Engl ewoo d Jaycees regarding the r elocation of the structure a t 1 80 Wes t Girard Avenue. Mr. Hinson stat ed t h at in subsequent conversations with Hr . Pfeifer , t he relocation of the building s e ems to b e out of the question , but the Jaycees do want to salvage some o f the fixtures on the inte r ior of the building, and salvage some of the ext rior materials. Hr. Alan Pf ifer stated that the Jayceea want to work with the Authority • I • • • • • -2- on the salvage of the building, and would like to know the date the building will be demolished so they can make arrangements, if salvag e is allowed, to have the glass and doors removed the day prior to the demolition. They also want the rights to interior salvage , which may be done earlier than the exterior salvage . Mr . Pfeifer stated that the Jaycees have submi tted a certificate of insurance which would alleviat e the Authori ty of liability during th ei r salvage operation . a Mr . Mcintyre asked Mr . Pfeifer what the Jaycees planned to do with the salvage. Mr . Pfeifer s t ated that it is their intent to sell the salvage, and put the proceeds into a build ing fund to enable the Jaycees t o build their own fa- cility. Mr. Pfeifer stated that the building fund is a long-term project, but the proceeds from this salvage wo uld be of as s istance . Mr. Neal asked if there would be any liability t o the City in having people working aro und the building for salvage purposes. Also, will the granting of salvage rights to other than the demolition comp any result in a higher demolition cos t. Mr. Hinson stated that the salvage benefits t o a demolition company has not been broken out o f a contract price to determine the salvage value. Mr. Hinson stated that there is always liability when you have people on property that is owned by someone else. The Authority does have insurance coverage under CIRSA . Mr. Pfeifer's certificate of i n surance will also be a coverage for any injury to persons on the property, but there is always a potential for liability to the Ci ty/Authority . Mr . Minnick asked what the Jaycees felt they could salvage from the ext erior of the building. Mr. Pfeifer stated that the large glass panes are salvagable items, and they would contract with a glass company to remove the glass and buy it from the Jaycees; there might also be salvage of lights, and the doors would be salvage material. Mr . Mcintyre asked when a contract is written with a demolition company, are salvage rights included as a part of that contract. Mr. Hinson stated that the demolition contracts written thus far have only required that the structure be removed from the site; it does not specifically address salvage rights. Ms . Powers stated that the contract could be written to exclude salvage rights, or to specifica lly state what salvage rights the demolition company would have . Mrs. Cole asked if there was any way to determine prior to making a decision on the Jaycees' request, whether it will increase the cost to the Authority if the demolition company does not have salvage rights, and if so, how much. Mr. Minnick pointed out that anything a demolition company can salvage will bring the cost of the contract down. However, if a "package deal" can be worked out, it might be to the advantage of the Authority. Mr. Minnick stated that if salvage rights are granted to the Jaycees, he would suggest that the glass be removed as soon as possible, and the windows boarded up. Mr. Neal stated that he is sympathetic to the Jaycees, but is very concerned about removing exterior fixtures. If the building is not absolutely tightly sec ured, someone could get in and possibly be injur d. Mr. Minnick suggested putting an 8 foot chain link fenc with proper posting around the site. Mrs. Cole asked what the date for demolition is. Ms. Pow rs stated that th structur will not be demolished until early to mid-July . • I • • • • • • -3- Mr. Novicky stated that he i s of the o pinio n the Authority s hould t ake this r e quest under advisement, and after further co nsiderat io n the staff will be in tou c h with Mr. Pfeifer. Mr. Pf e ifer s tated that they do have the insurance as r e quire d, and if the Jaycees have to fence th e site o ff in order to do the salvage, they will consider it. The me mbers o f the Jaycees were thanked for th e ir attendan ce . The Authority will consider their requ e st further, and Mr. Hin son will be in touch with Mr . Pfeifer . IV . REVENUE/EXP EN DITURE UPDATE. Ms. Powers stated that a revenue/expenditure update will be coming to the Authority at the regular monthly meeting; at the last meeting, a summary of expenditures on the administrative budget was s ubmitt ed . All th e financial summaries will be combined to give an over-all view of the Authority finances. Ms. Powers stated that when the com puter is received and the information pro- grammed in, all the information can be given on each pro perty/project. This bookkeeping is now being done by hand. Ms. Powers discussed a financial summary of the Public Improvements Projects, and noted that this needs further refinement t o separate funds that are e n- cumbered and the actual expenses on each project. Ms. Powers discussed one project under the Public Improvements Projects, that of the RTD Bud Pads. With the closure of Girard Avenue, this will necessitate alternate routing for the buses, which will circulate arou nd the former Wyatt's Cafeteria building. Mr. Minnick asked if the expenditures for this project includes temporary lighting. Ms. Powers stated that she did not know, and would check this out. Mr. Mike Haviland of EDDA entered the meeting at 6:05 P. M. V. RES OLUTION DESIGNATING THE ENGLEWOOD FINANCE DIRECTOR AS THE AUTHORIZED REPRESENTATIVE OF THE URA FO R INVESTMENT OF TAX INCREMENT NOTE REVENUES. Ms. Powers stated that this resolutio n has not been do ne, and suggested that this matter could be delayed unt il the date of signing on the bonds issue. VI . INSURANCE POLICY FOR REDEVELOPER. Mr. Novicky s tated that at the meeting last week, May 30, the possibility of taking out a life insurance policy on the redeveloper was considered. So much of the project is dependent on the redeveloper individually rather than on the corporation, that th e Authority directed the staff to investigate the matter of a life insuran ce policy. Ms. Powers handed Authority members a memorandum regarding the life insurance policy, and the fees per amount were set forth. Ms. Powers stated that these fees may vary because there is additional information which the insurance company will need to give a firm quote; Mr. Brady does pilot his personal plane for instance, which will affect the cost of the policy. Discussion ensued. ' • I • - ( • • • • -4- Ms. VanDyke asked if the redeveloper could not be asked to sign a statemen t designating a spec ific individual from his firm or family who would assume the financial responsibility for the proj ect in the event of his demise . Discussion ensued. Ms. Powers stated that the first year is the crucial year to the Authority; the further into the project we progress, the less the risk to the Authority. Mr. Totton discussed the ramificatio ns that do occur when a head of a business such as this is i~apcitated; people do not want to deal with someone other than the individual, and this could be di- s astrous to the project. He stated that he felt the insurance policy would be invaluable to the Authority. Mrs. Cole asked if other companies might have b et t er premium rates on the insurance. Ms. Powers stated that she f el t it is important to stay with a large company, and that Prudential Life Insuran ce has a good record for their services. Mr. Neal agreed that it would be best to insure through a large company such as Prudential. Ms. VanDyke asked if the Authority lawyers had considered this issue. Ms. Powers stated that she had discussed this issue with the bond counsel, and they indicated that this is not unusual on revenue bond issues. She stated that the question of "beneficiary" arose, and that Mr. Johnson of Kutak, Rock and Huie suggested that the Authority should be beneficiary. Ms. VanDyke asked what Mr. Opperman's opinion was. Ms. Powers stated that this has not been discussed with either Mr. Opperman or Mr. Benedetti. The amount of coverage the Authority should get was discussed. Mr. Mcintyre suggested that if a financial institution does indeed have a policy on the redeveloper, perhaps the staff could talk to the agent used by the financial institution. Further discussion ensued. It was the consensus of the Autho rity that the policy on the redeveloper should be for $2,000,000 to $3 ,000,000. Minnick moved: Cole seconded: AYES: Totton, NAYS: VanDyke ABSENT: Voth ABSTAIN: None The Executive Director be instructed to consult with Mr. Paul C. Benedetti, counsel for the Authority, regarding the life insurance policy on the redeveloper, and to investigate the cost of such policy in the amount of $2 ,000,000 to $3 ,000,000 for one year. Cole, Minnick, Neal, Novicky The motion carried. VII. RELOCATION OFFICER AGREEMENT. Ms. Powers stated that as of this time, the staff is not in receipt of Ms. Belnap's resum~. This agreement is dependent on the issuance of the tax increment notes, and a delay in signing would not be crucial. Mrs. Cole asked why a Relocation Officer is needed. Ms. Powers stated that the Authority has gotten the responsibility of relocating a lot more tenants • I • • - • • • • -5- than had at first been anticipated. The time spent o n each relocation re- quest is considerable, and requires more time than the present staff can devote to it. This position would be a part-time temporary position, and the individual would focus on the matt e r o f r e l ocation of these t enants. The lady in question, Ms. Belnap, handl ed relocation of businesses in Boulder during their urban renewal project, and does have experience in this field. Ms . Powers stressed the critical role relocation o f th e tenants/businessmen has in the success of the project, and stated that Ms. Belnap came very highly recommended . Ms . Powers asked members of the Authority who were present at the meeting last week when Ms. Belnap attended to express th eir views of the lady. Mr. Minnick stated that Ms. Belnap handled herself very well, and he feels she will be very good in dealing with the businesses and tenants that are to be relocated. Mr. Minnick stated that he felt it is important that Ms. Belnap realize that she does not "represent the Authority", but does act as a "good will ambassador". Ms. Powers stated that she would agree that Ms . Belnap cannot "commit" the Authority, but that she will be representing the determinations of the Authority in regard to relocation benefits. Mr. Hinson handed Ms. Belnap's resume' and a revised contract to Ms. Powers. This had been left at the Library Desk since the beginning of this meeting. Ms. Powers stated that it appears Ms. Belnap wants a one-year contract, which she will not go along with. The date the contract will commence is July 1st, and Ms. Powers suggested that the termination be at the pleasure of the Authority with a 30 day notice to Ms. Belnap. Ms. Belnap requests a maximum of 30 hours of work per week, with a guarantee of 20 hours of work per week. Discussion ensued. It was the consensus of the Authority that action on the Agreement for Relocation Officer be postponed until the next meeting. III (B). JAYCEES REQUEST 180 West Girard Avenue Ms. Powers stated it would be nice to do something to assist such non- profit groups, but ques tioned the problems that could arise on ot her buildings to be acquired by the Authority if salv g rights are gran ted to one group. It could be anticipat d that other service organizations would request salvage rights. Ms. Powers stated that she is also of the opinion that the granting of salvage rights to such a servic organization will cost the Authority in the price for demolition services; the demolition contracts do depend on whatever salvagable material there is in a building. Mr. Totton stated that he felt the Jaycees ar "optimistic" on the sale of used glass to a glass company. Mr. Minnick stated that by allowing the demolition contr ctor the salvage rights, it does keep the cost to the Authority down. Mr. Neal suggested that p rhaps control ov r the salvag right s could be exercised, and allow the Jaycees salvag on interior fixtur a , but d ny salvage rights on the exterior .fixtur s. Discussion nsu d • • I • • - • • • • • -6- Neal moved: VanDyke seconded: The Englewood Jaycees be provided entrance to the building at 180 West Girard Avenue to determine what is salvagable on the interior of the structure . Salvage rights on th e exterior of the building will not be granted to the Engl ewood Jaycees. Mrs . Cole asked that the staff relate to the Jaycees the feelings of the Authority regarding this salvage operation . She stated that the cost of taking out the salvagable materials would render the materials worthless. The vote on the motion was called . AYES: Cole, Minnick, Neal, Totton, VanDyke NAYS : Novicky ABSENT: Voth ABSTAIN: None The motion carried. VIII. ENGLEWOOD PARKWAY PROJECT. Ms. Powers submitted a memorandum from Engineering Services Director Diede pertaining to the Englewood Parkway Project. Mr. Novicky asked if the roadway construction for the buses is being paid for through the City. Ms. Powers stated that the labor is being provided by the City; the funds for materials are from the Urban Renewal Authority Project fund. IX. RELOCATION BENEFITS/LAND ACQUISITION. Minnick moved: Cole seconded: The Urban Renewal Authority go into Executive Session to consider relocation benefits and land acquisition. AYES: Cole, Minnick, Neal, Novicky, Totton, VanDyke NAYS: None ABSENT: Voth The motion carried. * * * * * Minnick moved: VanDyke seconded: The Urban Renewal Authority come out of Executive Session. AYES: Minnick, Neal, Novicky, Totton, VanDyke, Cole NAYS: None ABSENT: Voth The motion carried • • I • • VanDyke moved: Cole seconded: • • • -7- The Urban Renewal Authority authorize the staff to pay Mrs. Mary Jane Lundy of 3430 South Bannock Street $2,500 in relocation benefits. AYES: Neal, Novicky, Totton, VanDyke, Cole, Minnick NAYS: None ABSENT: Voth ABSTAIN: None The motion carried. VanDyke moved: Cole seconded: AYES: Nov icky, NAYS: None ABSENT: Voth ABSTAIN: None The Urban Renewal Authority accept the request made on behalf of Amos Breidenstine of 3444 South Bannock Street, and authorize the staff to pay $340 in relocation benefits. Totton, VanDyke, Cole, Minnick, Neal The motion carried. Neal moved: Minnick seconded: The Urban Renewal Authority allow a 10% contingency for any relocation benefit claim made for less than 90 % of the maximum amount allowed. AYES: Totton, VanDyke, Cole, Minnick, Neal, Novicky NAYS: None ABSENT: Voth ABSTAIN: None The motion carried. Neal moved: Minnick seconded: The Urban Renewal Authority accept the relocation benefit claim filed by William R. Mulhern, 3401 South Bannock Street, and authorize payment in the amount of $815.00. AYES: VanDyke, Cole, Minnick, Neal, Novicky, Totton NAYS: None ABSENT: Voth ABSTAIN: None Th motion carried. Minnick moved: Neal seconded: !he Urban Renewal Authority adopt Resolution #24, Series of 1984, A RESOLUTION OF TilE URBAN RENDJAL AUTHORITY ASSERTING 'mAT TilE APPRAISED VALUE AS DETERMINED BY JUSTIN H. HAYNES & COMPANY FOR TilE PROPERTY/LEASEHOLD INTEREST AT 3401 SOUTH • • I • • - • r • • • • -8- BANNOCK STREET, ENGLEWOOD, COLORADO 80110 IS THE FAIR MARKET VALUE OF SAID PROPERTY/LEASEHOLD INTEREST, AND DIRECTING THE AUTHORITY'S NEGOTIATOR TO USE SAID FAIR MARKET VALUE AS THE BASIS OF NEGOTIATIONS TO ACQUIRE SAID PROPERTY/LEASEHOLD IN- TEREST BY THE URBAN RENEWAL AUTHORITY. AYES: Cole, Minnick, Neal, Novicky, Totton, VanDyke NAYS: None ABSENT: Voth ABSTAIN: None The motion carried. Minnick moved: Totton seconded: The Urban Renewal Authority adopt Resolution #25, Series of 1984, A RESOLUTION OF THE URBAN RENtwAL AUTHORITY ASSERTING THAT THE APPRAISED VALUE AS DETERMINED BY JUSTIN H. HAYNES & COMPANY FOR THE PROPERTY/LEASEHOLD INTEREST AT THE SOUTHEAST CORNER OF THE 3300 BLOCK OF SOUTH BANNOCK STREET AND THE NORTHEAST CORNER OF THE 3400 BLOCK OF SOUTH BANNOCK STREET OWNED BY CINDERMAK, IS THE FAIR MARKET VALUE OF SAID PROPERTY/LEASEHOLD INTEREST, AND DIRECTING THE AUTHORITY'S NEGOTIATOR TO USE SAID FAIR MARKET VALUE AS THE BASIS OF NEGOTIATIONS TO ACQUIRE SAID PROPERTY/LEASEHOLD INTEREST BY THE URBAN RENEWAL AUTHORITY. AYES: Cole, Minnick, Neal, Novicky, Totton, VanDyke NAYS: None ABSENT: Voth ABSTAIN: None The motion czrried. Minnick moved: VanDyke seconded: The Urban Renewal Authority direct the Executive Director to look in to increasing the insurance coverage on the Urban Renewal Authority. AYES: Minnick, Neal, Novicky, Totton, VanDyke, Cole NAYS : None ABSENT: Voth ABSTAIN: None The motion carried. X. LAWSUIT Ms. Powers stated that a letter from Mr. Benedetti regardina the lawsuit filed by Physical Whimsical is in the packet of information given the Authority. An official response is being prepared by Marlin Opperman, but Mr. Benedetti was requested to issue an opinion for inclusion in the Official Statement on the tax increment note issue • • ) I • • • • • • -9- XI. DINNER MEETING Willi CITY COUNCIL. Mr. Novi cky read a letter from Mayor Otis inviting members of the Urban Renewal Authority to a dinner meeting with City Council on June 28 at 6:00 P. M. at Duffers Restaurant. XII. TAX INCREMENT NOTES. Ms. Powers stressed the importance of attendance at the special meeting on June 13 on the tax increment notes. Ms. Powers stated that there are a number of things to consider prior to the consideration of the bond issue, and suggested that the special meeting be called at 5:30P.M., with consideration of the bond issue scheduled for 6:30 P. M. Further discussion ensued. The meeting adjourned at 8:20 P. M. • I • • - ( • I. CALL TO ORDER. • • • URBAN RENEWAL AUTHORITY June 25, 1984 5 A · The special meeting of the Englewood Urban Renewal Authority was called to order at 5:45 P. M. by Chairman Robert J. Voth. Members present: Novicky, Totton, VanDyke, Voth, Cole, Minnick, Neal Mcintyre, Nonvoting Alternate Powers, Executive Director Members absent: None City Councilmembers present: Mayor Otis, Vobejda, Higday, Bilo, Neal City Councilmembers absent: Bradshaw, Weist Staff present: City Manager McCown Assistant City Manager Vargas Public Works Director Kells Waggoner Director of Engineering Services Gary Diede Civil Engineer Dense! A. Ragland Economic Development Planner Wm. R. Hinson Public Relations Specialist Dorothy Dalquist City Attorney Jack Olsen Others present: Jim VanHusen, Mike Sweeney, Dave Duncan, Herb Schall, Bill Taggart, Rick Waldorf, John Pflaum Mr. Voth welcomed the City Council, guests and staff to the meeting. II. ENGLEWOOD PARKWAY -FINAL DESIGN. Ms. Powers stated that the City Council has been invited to the meeting to hear the presentation by the engineers and consultants involved in the design of Englewood Parkway. Ms. Powers then introduced Mr. Jim VanHusen of Muller Engineering, Mr. Mike Sweeney of TransPlan, Mr. Herb Schall, EDAW, and Mr. Bill Taggart of McLaughlin Water Engineers. Mr. VanHu s en addressed the design of the Englewood Parkway, formerly call e d "Civic Center Boulevard". Mr. VanHusen stated that the roadway design has not changed from the preliminary design; paving has been added along U.S. 285 at Cherokee for an acceleration/deceleration lane at this inters ection. Mr. VanHusen stated that construction of South Acoma Street improvements south of Girard Avenue curving around to South Broadway will bid as "Alternate A", and indicated that it is his opinion that South Acoma Street will not be done this year; it could be approximately one year down the road for this phase of the street system. Mr. VanHusen estimated that the street improvements, with the exception of South Acoma Street, can be done for an estimated $2.5 million. The Parkway has been des igned for 25 mph traffic. The street aurfacing will be asphalt, with con c ret e curb and gutter, and sidewalks of buff • I • • - • • • • -2- concrete with sandstone/flagstone walking areas. lt was noted that the redeveloper has planned extensive use of the flagstone throughout the downtown area, and it is being extended into the Parkway to tie the project together. Mr. Sweeney of TransPlan, addressed the traffic pattern for the down- town, and stated that they have been working from the Master Plan de- veloped by DeLeuw Cather. A one-way cuplet with westbound traffic on East Girard Avenue from South Lincoln Street west, and eastbound traffic on Hampden Avenue east to South Lincoln Street is proposed . By eliminating two-way traffic on these two blocks, this can decrease the timing on the signalization for that intersection. Mr. Sweeney discussed the signalized intersections along the Parkway, pointing out the signals at the Parkway- South Broadway intersection, Parkway/Acoma, and the Parkway/U.S. 285 inter- section would be in the first phase. Secondary phase signalization would include the intersections of the Parkway/South Bannock and Parkway/West Hampden Place at such time as signal warrants are met, and improved signalization at South Acoma/South Broadway intersection. Mr. Sweeney then discussed the matter of street lighting along the Boulevard, and stated that the most cost effective lighting is to go with a Public Service Company fixture. Councilman Higday questioned this change in the lighting of the Parkway from that previously presented to the Council and Authority. Mr. Sweeney stated that this is changed from the previous presentation in that pre- viously, it was proposed to use a lower level domed Gardco fixture, which lights were to be at 20 foot heights along the Parkway. When the lights were raised to 30 foot heights, they became less of an architectural feature, and the determination was made to go with the less expensive fixture. Mr. VanHusen stated that there will be low-level lighting in the median along the Parkway. Discussion ensued. Mr. Novicky asked if the redeveloper is paying for the lighting. Mr. Duncan stated that the redeveloper will not provide the lighting within the City right-of-way. Mr. Sweeney stated that the Public Service Company lighting will pro- vide sufficient lighting for the illumination of the sidewalk areas, but the light fixtures will not be decorative. Mr. Minnick asked what the savings would be using the Public Service fixtures. Mr. Sweeney estimated about 50 % savings. Mr. Higday stated that he is very concerned about the aesthetics of the Parkway. Mr. Diede stated that when the domed fixtures were proposed at a 20 foot height, they needed to be spaced about 80 feet apart down the length of the Parkway. Mr. Diede stated that several different lighting patterns along the street have been considered. The height of the light fixtures had to be raised to spread the lighting out. Accent lighting would be used at entrances to major points of the redevelopment, such as the entrance to the hotel. Mr. Vobejda asked the spacing of the lights at the 30 foot height. Mr. Sweeney stated that the poles will be approximately 180 feet apart . • I • • • • • -3- Mr. Totton asked if he correctly understood that there would be lighting in the Parkway median. Mr. Diede stated that this would be low accent lighting. Discussion ensued. Ms. VanDyke asked what kind of lamp is proposed in the light. Mr. Sweeney stated that the high pressure sodium bulb, which gives a yellow-orange light is proposed. Mr. Diede stated that the Public Service Company does not stock and will not stock the domed light originally proposed along the Parkway; the City would have to maintain a stock of these fixtures. Mr. Diede stated that the big questions is that once the height of the fixtures rose to the 30 foot figure, is it important to have "decorative" lighting fixtures. Mr. Waggoner pointed out that Public Service Company does have some decorative lighting fixtures, which they will maintain; the cost to the City/Authority would be in the installation. Mrs. Cole asked about interval spacing of the decorative lights with the higher street lights along the Parkway; would this be cost effective. Ms. VanDyke asked who would actually be saving the money --the City and Authority, or the redeveloper. Mr. Diede stated that the Authority would be saving the money. Mr. Duncan stated that all projects done by the redeveloper would have some type of "outside lighting", but it could be different from what- ever lighting is proposed along the Parkway. Mr. Neal stated that the intent on the Parkway is to create something that is "special", and not just "adequate". Mrs. Cole stated with the theme of "Trolley Square", she rather liked the one concept proposed by the redeveloper of the "multi-globe fixture." Mr. Duncan stated that the initial plan using the domed Gardco fixtures was supported by the redeveloper, until it came time to consider the cost of doing this for the length of the Parkway. It became clear that a way to lessen the cost of the project dollarwise, but not aesthetically, had to be considered. The accent lighting in the Parkway median will give some "sparkle", but will not provide a diffused light over a large area. The multi-globe fixture is very similar to what they want to use along the waterway. Mr. Higday stated that from the previous presentations, he has formed a "picture" of the developed Parkway, and feels that this has been amended considerably from that initial presentation. He does not agree that the changes proposed will reduce the cost but not reduce the aesthetic quality of the Parkway --this does, in his opinion, change the aesthetics of the project considerably, and he does not like it. He stated that he wanted to see a Parkway that is a pleasure to walk along, or to drive along -- something green, well lighted, and nice. Hr. Higday stated that he ap- preciates the need to save funds, but he wants to make that decision. Hr. Diede stated that the height of the street lighting fixtures will have to be 30 feet; they will come back with a plan for the accent • ) I • • - • • • • -4- lighting for the consideration of the City Council and Urban Renewal Authority. Mr. Totton stated that he would support Mrs. Cole's proposal of alternating the decorative lighting with the street lighting fixtures. The issue of water, storm sewer and sanitary sewer lines was discussed. Mr. VanHusen displayed a map showing the various lines, and the sizes of those lines throughout the redevelopment area. Mr. Herb Schall of EDAW addressed the landscaping of the Parkway; both sides of the Parkway will have shade trees, ornamental trees and shrubs in the planting area. The planting area along either side of the Parkway will be an area eight feet back of the curb to the sidewalk, of which the first 18" will be flagstone paving. The trees they are considering are Hackberry, Green Ash, Hawthorne, and they are discussing the use of Honey Locust with the Parks Department. Mr. Schall stated that there is concern on the use of the Honey Locust because of disease problems, but they do not have an alternate "spreading tree." Conduit and channel improvements were addressed by Mr. Bill Taggart and John Flaum of McLaughlin Water Engineers. Mr. Taggart stated that they are still in preliminary design phase for the waterway through the down- town area, and are just beginning to "get a handle on the cost." Mr. Taggart discussed the concept of two ponds and faber dams. He stated that at the present time two dams are being considered, but this may be reduced to one dam. To maintain the water quality in the ponds, they felt it was necessary to pump from the lower pond to the upper pond and provide a circulation system with falls and other features added. Three sets of falls--upper, middle, and lower falls --have been proposed. Mr. Taggart described the aesthetic features which are being considered --rock cascades, etc. The entrance to the conduit was discussed. Mr. Taggart stated that they have now proposed a covered deck with a 42' long trough to carry the water; the design of the structures must be done so that the box conduit and channel entrance can be built. Mr. Bilo asked about maintenance of the trough; who will remove the trash that will be tossed into the trough. Mr. Taggart stated that an intake screen will be installed, which will be pretty much self-cleaning, but estimated that daily maintenance will be required to keep debris out of the trough. Mrs. Cole asked about maintenance of the faber dams. Mr. Taggart stated that ~hey will try to position the dams so they are fairly inaccessible, and not subject to damage by puncture. Mr. Taggart addressed the proposal of a new bridge on Broadway over Little Dry Creek. Councilwoman Bradshaw entered the meeting at 6:50 P. H. Mr. Novicky asked if the "island" is still a proposed feature. Mr. Pflaum stated that the island is still in these plans, and a bridge to provide pedestrian access has been proposed. Hr. Schall noted that the island is too small in area to provide an area for entertainment features • • I • • • • • • -5- Mr. Novicky asked if the cost had changed from the first plan. Hr. Taggart stated they are still working on the cost estimates. Mr. Jim VanHusen addressed the issue of construction costs. Mr. Neal asked what contingency is built into the figures cited by Hr. VanHusen. Hr. VanHusen stated that these figures contain a 10% contingency. Mr. Novicky asked if RTD will be providing bus shelters at these bus stops. Mr. Diede stated that RTD will provide the "economy" shelter at these stops. If a shelter of a different type is desired, they will provide up to the cost of the economy shelter toward the cost of the style so desired. Mr. Waggoner asked if the cost figures cited by Mr. VanHusen include engineering costs. Hr. VanHusen stated that the costs cited are only construction costs. Mr. Diede asked what members of the Authority and City Council found to be of concern to them. Mr. Novicky asked about the bridge over South Broadway. Mr. Diede stated that this is only in the proposal stage, and isn't really being discussed now. Mr. Minnick asked if the conduit would be widened. Mr. Taggert stated it is widened to 42' at the opening, narrowing down to 24', and further decreasing to the existing 18' width under King Soopers. Mr. Neal and Hr. Higday agreed that they wanted to see more than just "interspersed" decorative lighting along the Parkway. Ms. Powers addressed the matter of acquisition needed for the development of the Parkway, pointing out properties that are to be acquired by the redeveloper with a buy-back agreement with the Authority for that portion needed for the public right-of-way. The properties that have been acquired along South Bannock were cited by Hr. Hinson; two properties on the east side of South Bannock are not yet acquired by the Authority. Mr. Diede noted that King Soopers still wants the Authority to have the first two blocks of the Parkway completed by the first of December when the store is scheduled to open. Mr. Diede addressed complications that could arise if acquisition of certain properties is not accomplished in the near future. Hr. Diede addressed the matter of utility relocation, and stated that Mountain Bell has said they want the matter settled in court. Further brief discussion ensued. Hr. Voth thanked representatives from the various consulting firms and from Brady Development Corporation for their attendance. He asked that members of the City Council remain for a further brief discussion following a recess of the meeting. • • • • • * • • The meeting recessed at 7:20 P. H., and vas reconvened at 7:30 P. H • • • • • • * •• • I • • - • • • • -6- III. TAX INCREMENT NOTES. A brief update on the issuance of tax increment notes was given for mem- bers of the Urban Renewal Authority and City Council. Groundbreaking for the new King Soopers complex will be Wednesday, June 27th, at 11 A. M. IV. FINAL DESIGN ENGINEERING FEE FOR BOX CULVERT ENTRANCE. Mr. Diede addressed the matter of the engin eering fee for the box culvert entrance, noting that the amendment to the February 8, 1984 design contract is for the amount of $32,000 . This will not include the final design for the channel improvements from Broadway to the box entrance, but only on the box entrance. Mr. Diede outlined negotiations he has had with repre- sentatives of McLaughlin Water Engineers, and stated that he is of the opinion the $32,000 figure is reasonable, and would recommend the amend- ment to the contract in that amount. Mr. Novicky asked if Mr. Finer is paying any of the cost for the retaining wall along his property. Mr. Diede stated that he is not; this will be paid for by the Authority. Brief discussion ensued. Mr. Voth asked for a motion approving the contract amendment. Totton moved: Novicky seconded: The Urban Renewal Authority accept Amendment #1 to the contract with McLaughlin Water Engineers in the amount of $32,000 and authorize Executive Director Powers to sign such contract on behalf of the Authority. AYES: Novicky, Totton, VanDyke, Voth, Cole, Minnick, Neal NAYS: None ABSENT: None The motion carried. V. LAND ACQUISITION. Ms. Powers reviewed resolutions which are needed setting the appraised value of specific properties as the fair market value of such properties, and directing the negotiator to contact the property owners. Neal moved: Minnick seconded: Resolution 126, 1984, A RESOLUTION OF THE URBAN RENEWAL AUTHORITY ASSERTING THAT THE APPRAISED VALUE AS DETER- MINED BY JUSTIN H. HAYNES & CO. FOR THE PROPERTY/LEASE- HOLD INTEREST AT 3415 SOUTH ACOMA STREET, ENGLEWOOD, COLORADO 80110 IS THE FAIR MARKET VALUE OF SAID PROPERTY/ LEASEHOLD INTEREST, AND DIRECTING THE AUTHORITY'S NEGOTIATOR TO USE SAID FAIR MARKET VALUE AS THE BASIS OF NEGOTIATIONS TO ACQUIRE SAID PROPERTY/LEASEHOLD INTEREST BY THE URBAN RENEWAL AU'niORITY be approved and adopted • • I • • • • • • -7- AYES: Totton, VanDyke, Voth, Cole, Minnick, Neal, Novicky NAYS: None ABSENT: None The motion carried. Neal moved: Novicky seconded: Resolution 027, Series of 1984, A RESOLUTION OF THE URBAN RENEWAL AUTHORITY ASSERTING THAT THE APPRAISED VALUE AS DETER!-ITNED BY JUSTIN H. HAYNES & COMPANY FOR THE PROPERTY/LEASEHOLD INTEREST AT THE EAST AND WEST SIDE OF THE SOUTHERN PORTION OF 3400 SOUTH ACO~~ BLOCK, OWNED BY BARBARA HOLTHAUS AND KPK !!\'VESTMENT CO. IS THE FAIR MARKET VALUE OF SAID PROPERTY /LEASEHOLD INTEREST, AND DIRECTING THE AUTHORITY'S NEGOTIATOR TO USE SAID FAIR MARKET VALUE AS THE BASIS OF NEGOTIATIONS TO ACQUIRE SAID PROPERTY/LEASEHOLD INTEREST BY THE URBAN RENEWAL AUTHORITY be approved and adopted. AYES: VanDyke, Voth, Cole, Minnick, Neal, Novicky, Totton NAYS: None ABSENT: None The motion carried. Totton moved: VanDyke seconded: The Urban Renewal Authority approve and adopt Resolution No. 28, Series of 1984, A RESOLUTION OF THE URBAN RENEWAL AUTHORITY ASSERTING THAT THE APPRAISED VALUE AS DETERMINED BY JUSTIN H. HAYNES & COMPANY FOR THE PROPERTY /LEASEHOLD INTEREST AT 3427 SOUTH ACOMA STREET, ENGLEWOOD, COLORADO 80110 IS THE FAIR MARKET VALUE OF SAID PROPERTY/LEASEHOLD INTEREST, AND DIRECTING THE AUTHORITY'S NEGOTIATOR TO USE SAID FAIR MARKET VALUE AS THE BASIS OF NEGOTIATIONS TO ACQUIRE SAID PROPERTY /LEASEHOLD INTEREST BY THE URBAN RENEWAL AUTHORITY. Ayes: Voth, Cole, Minnick, Neal, Novicky, Totton, VanDyke NAYS: None ABSENT: None The motion carried. Minnick moved: VanDyke seconded: The Urban Renewal Authority approve and adopt Resolution No. 29, Series of 1984, A RESOLUTION AUTHORIZING THE PUR- CHASE OR CONDEMNATION OF THE FEE SIMPLE INTEREST IN CER- TAIN PROPERTIES IN THE CITY OF ENGLEWOOD BY THE ENGLEWOOD URBAN RENaJAL AUTHORITY IMPLEMENTING THE ENGLEWOOD DOWN- T~ UD~EWP~T PLAN. AYES: Cole, Minnick, Neal, Novicky, Totton, VanDyke, Voth NAYS: None ABSENT: None The motion carried • • I • • - • • • • -8- Ms. Powers stated that the appraisal on the parking lot just south of the First Interstate Bank was received earlier on this date. There is a parking lot to the north of Floyd Avenue, which is owned by Cinderella City, that the staff is considering acquiring and trading to First Inter- state Bank to replace the parking spaces that would be lost in the lot south of the Bank, which is needed for the construction of the Parkway. Ms. Powers summarized her discussions with representatives of Cinderella City regarding acquisition of the lot north of Floyd Avenue. Mr. Voth stated that the Authority is under obU_.gation to replace what- ever parking is taken. Mr. Neal suggested giving the Bank a long-term lease on the parking; he cautioned against relinquishing ownership of the lot once it is acquired. VanDyke moved: Cole seconded: The Urban Renewal Authority approve and adopt Resolution #30, Series of 1984, A RESOLUTION OF THE URBAN RENEWAL AUTHORITY ASSERTING THAT THE APPRAISED VALUE AS DETER- MINED BY JUSTIN H. HAYNES & COMPANY FOR THE PROPERTY/ LEASEHOLD INTEREST AT THE SOUTH 12.5 FEET OF LOT 4 AND ALL OF LOT 5, BLOCK 1, FLOODS ADDITION TO ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO, IS THE FAIR MARKET VALUE OF SAID PROPERTY/LEASEHOLD INTEREST, AND DIRECTING THE AUTHORITY'S NEGOTIATOR TO USE SAID FAIR MARKET VALUE AS THE BASIS OF NEGOTIATIONS TO ACQUIRE SAID PROPERTY/LEASEHOLD INTEREST BY THE URBAN RENEWAL AUTHORITY. AYES: Minnick, Neal, Novicky, Totton, VanDyke, Voth, Cole NAYS: None ABSENT: None The motion carried. VI. RELOCATION OFFICER. Ms. Powers stated that the proposed contract for a Relocation Officer has been amended to include provisions suggested by the Authority and by Ms. Belnap. Ms. Cole asked if there was actually 20 hours per week of work on the relocation program. Ms. Powers stated that there is, and will be for some time to come to provide the kind of service needed by each relocatee. Totton moved: VanDyke seconded: The Urban Renewal Authority approve the Agreement with Ms. Judith Belnap to serve as Relocation Officer, and authorize Executive Director Powers to sign this Agreement on behalf of the Urban Renewal Authority. Mr. Voth stated that he feels Ms. Belnap will serve as an informational buffer between the Authority and those being relocated; she will not be acting as a negotiator. Ms. Powers stated that the Relocation Officer will be located in City Hall in the offices of Community Development; Ms. Powers further pointed out that the Contract does hav a 30-day termination claus if either party is dissatisfied. • I • • • • • -9- The vote on the motion was called: AYES: Neal, Novicky, Totton, VanDyke, Voth, Cole, Minnick NAYS: None Absent: None The motion carried. VII. LIFE INSURANCE -REDEVELOPER. Ms. Powers discussed information that had been submitted to her by a Mr. Robert Maitan regarding insurance policies through several companies; this information sets forth the premium costs for the policies in the amount of $2,000,000 and $3,000,000; it also sets forth the ranking of the various companies listed. Ms. Powers stated that further information on the general health of Mr. Brady and amount of flying time he does in his private plane needs to be obtained. Discussion ensued. Mr. Neal stated that he felt the most critical aspect of the various companies is their ability to pay off on a claim --there must be a guarantee of payment. He stated that both First Colony and Prudential were creditable companies to deal with. Ms. Powers asked if it would be possible to get a determination from these companies within one month 's time. Mr. Neal stated that an answer has to be submitted within 60 days. Mr. Novicky asked if there has been discussion with Mr. Brady regarding any possibility of his paying half the premium. Ms. Powers stated that there has been no such discussion, and pointed out that the beneficiary would be the Urban Renewal Authority. Ms. Powers asked if the Authority wanted the staff to proceed to request bids from Prudential and First Colony on the amount of a $2,000,000 policy. Mr. Voth asked if the Authority wanted to put a binder on the Prudential bid. Mr. Neal suggested that it might be well to do so. Novicky moved: Minnick seconded: The Urban Renewal Authority authorize the application for $2,000,000 in life insurance with Prudential and First Colony; the Authority further authorizes sub- mission of a binder sufficient to pay one-quarter of the Prudential policy of $1,000,000, said binder to be refundable. AYES: Novicky, Totton, VanDyke, Voth, Cole, Minnick, Neal NAYS: None ABSENT: None The motion carried. • I • - • • • • - -10- VIII. RELOCAT I ON BENEFITS. Mr. Hinson stated that several of the businessmen to be relocated have brought up the point of whether or not prepaid advertising is a reimbursable expense, and whether notification to customers of the move and new address is an expense the Authority would pay. These two items are considered reasonable relocation expenses in other areas. Mr. Hinson stated that he had prepared two statements for consideration by the Authority, one stating: "Prepaid advertising shall be considered an eligible relocation expense by the Englewood Urban Renewal Authority. Reimbursement for this expense shall be made on a prorated basis for the unused portion of the time the advertisement will appear in the publication. However, in no case shall a reimbursement of this expense exceed a maximum of $500.00." The second statement reads: "The cost of notification to customers of a business's relocation shall be considered an eligible relocation expense by the Englewood Ur ban Re- newal Authority. This cost shall consist of items such as advertising, printing of relocation notices (letters), postage for mailing notices, materials used for the notices, etc. Such expenses shall be fully docu- mented with invoices, estimates, or written explanations of the cost. In no case, however, shall a reimbursement of this expense exceed a maxi- mum of $500.00." Discussion ensued. Mr. Neal stated that he did not approve of reimburse- ment for notification to customers. Mr. Voth stated that he did not feel this provision is something that we wanted included in the Handbook. Mr. Neal spoke in favor of reimbursing for prepaid advertising, because this is an expense that has already been paid. Discussion ensued. Ms. Powers asked if the Authority would consider the notification to customers on a case-by-case basis. Mr. Hinson pointed out that this issue is being raised by several of the businessmen to be relocated. He has been telling them that there is no written policy governing this issue. He pointed out that all relocatees must be treated fairly. Further discussion on reimbursement of prepaid advertising ensued. Neal moved: Cole seconded: The Urban Renewal Authority approve the inclusion of prepaid advertising as a relocation expense; reimburse- ment of such expense shall not exceed $500.00. The vote on the motion was called: AYES: Totton, VanDyke, Voth, Cole, Minnick, Neal NAYS: Novicky ABSENT: None The motion carried • • I • • • • • • -11- A request for relocation benefits filed by Ernest L. Ballard was con- sidered. Mr. Ballard is a business tenant at 3401 South Bannock Street, and has requested relocation benefits in the amount of $987.76. Mr. Hinson discussed his review of Mr. Ballard's request, and items that he felt were not a reimbursable expense. The recommended reimbursement is in the amount of $651.00. Novicky moved: Cole seconded: The Urban Renewal Authority approve payment of $651.00 to Ernest L. Ballard, 3401 South Bannock Street, as full relocation benefits . Discussion ensued. The vote was called: AYES: VanDyke, Voth, Cole, Hinnick, Neal, Novicky, Totton NAYS: None ABSENT: None The motion carried. Mr. Hinson discussed a request for relocation benefit payments filed by Ms. Thelma Paige, property owner/resident at 3456 South Bannock Street. Ms. Paige has purchased another home and will be moving; her total re- quest is for the moving expenses of $254.00. The staff recommendation is that Ms. Paige be awarded the $254.00 in relocation benefits. Neal moved: Totton seconded: The Urban Renewal Authority approve $254.00 in reloca- tion benefits payable to Ms. Thelma Paige, resident/owner of 3456 South Bannock Street. AYES: Voth, Cole, Minnick, Neal, Novicky, Totton, VanDyke NAYS: None ABSENT: None The motion carried. Mr. Hinson presented a request for relocation benefits filed by Mr. Bruce B. Calder, tenant at 3426 South Bannock Street. Mr. Calder is moving to Evergreen; his request for relocation payment is $1,530.00, which is comprised totally of rent reimbursement. Mr. Calder has stated that he used his own truck to move his household supplies, and thst the amount was so negligible he would not ask for reimbursement. The staff recommends Mr. Calder be paid the $1,530.00 in relocation benefits . Minnick moved: Novicky seconded: The Urban Renewal Authority approve payment to Bruce B. Calder, tenant at 3426 South Bannock Street, the amount of $1,530.00 in relocation benefits, this pay- ment to be the full amount of relocation payment due Hr. Calder. • I • • • • • • -12- AYES: Cole, Minnick, Neal, Novicky, Totton, VanDyke, Voth NAYS: None ABSENT: None The motion carried. Mr. Hinson discussed a request for relocation benefits filed by Mr. James W. Rosenburg, residential tenant at 3426-1/2 south Bannock Street. Mr. Rosenburg has a limited amount of household goo ds to move, and co uld not get a professional moving company to give him an estimate as required by the Relocation Handbook. Mr. Rosenburg did get estimates for truck rental for a self-move from U-Haul, Jartran, and Ryder, which he has sub- mitted. Mr. Hinson stated that he has received comments from several residents that the moving companies are extremely reluctant to give estimates on residential relocations, particularly when there is a small amount of household goods to be moved. He asked if the Authority would consider waiving the requirement of getting the three bids from moving companies for some of the residential moves. Discussion ensued. Neal moved: Cole seconded: The Urban Renewal Authority will waive the require- ment to obtain three estimates from moving companies on residential moves, provided the move can be done for less than $200 .00 as a self-move. AYES: Neal, Novicky, Totton, VanDyke, Voth, Cole, Minnick NAYS: None ABSENT: None The motion carried. Mr. Hinson stated that Mr. Rosenburg has filed a request for relocation benefits amounting to $1,602.00. Mr. Hinson discussed his arrival at the "low-bid" from the truck rental companies, and noted that the re- mainder of Mr. Rosenburg's benefits would be from rent reimbursement. Mr. Novicky asked if the Authority could accept the verification that Mr. Rosenburg submitted in lieu of cancelled checks for proof of rent. Is the signature on the latter actually Mr. Schmidt's signature, and will the staff verify that it is indeed Mr. Schmidt's signature. Mr. Minnick suggested that Mr. Schmidt's signature should be notarized. Mr. Hinson stated that Mr. Rosenburg has a small child, who apparently destroyed a good portion of the financial records needed to substantiate residence at the address for the six month period; hence the statement from Mr. Schmidt, former owner of the property. Totton moved: VanDyke seconded: The Urban Renewal Authority approve payment to Hr. James W. Rosenburg, residential tenant at 3426-1/2 South Bannock Street, in the amount of $1,602.00; the staff is requested to verify the signature on the statement for the length of rent as actually that of Hr. Schmidt, former owner of the property • • I • • - • • • • -13- AYES: Minnick, Neal, Novicky, Totton, VanDyke, Voth, Cole NAYS: None ABSENT: None The motion carried. Ms. Cole excused herself from the meeting at 9:20 P. M. Mr. Novicky moved: Minnick seconded: The Urban Renewal Authority go into Executive Session regarding relocation benefits for the Fraternal Order of Eagles. AYES: Novicky, Totton, VanDyke, Voth, Minnick, Neal NAYS: None ABSENT: Cole The motion carried. * * * * * * * * Minnick moved: Novicky seconded: The Urban Renewal Authority come out of Executive Session. AYES: Totton, VanDyke, Voth, Minnick, Neal, Novicky NAYS: None ABSENT: Cole The motion carried. Neal moved: VanDyke seconded: The Urban Renewal Authority approve payment of $11,653.00 to the Fraternal Order of Eagles against their projected relocation expenses pending further submission of a com- plete request and actual cost verification. AYES: VanDyke, Minnick, Neal, Novicky, Totton NAYS: None ABSENT: Cole ABSTAIN: Voth The motion carried. • I • • - • • • • • -14- Mr. Hinson stated that he had met earlier on this date with Ms. Carolyn Reese and Mr. Chris Ebersberg of Action Answering Service. They state that they are attempting to find a new location, but so far don't have anything assured ; they have put some earnest money down on a vacant site where they hope to be able to construct a building for their business. However, they are short of cash, and have requested that the Authority consider advancing part of the funds due them to assist them in securing a site to move to. Hr . Hinson suDDDarized his contacts with Mr. Criswell who was hired to represent Action Answering Service, his contacts with A. T. & T. regarding the equipment at Action Answering Service, and his conversations with Urban Renewal Authority attorney Marlin Opperman. It will take nearly three months from the time an order is placed with A. T. & T. for the equipment for it to be actually delivered and installed. Mr. Hinson stated that the request is: Would the Authority grant to Action Answering Service the amount of $44,314.00 previously approved on May 16 for their relocation benefits at this time with actual moving ex- penses to be paid upon submission of the bills. Will the Authority con- sider paying the cost of moving the equipment they have on the present site now, or will the Action Answering Service be asked to sign the waiver relinquishing further relocation benefits. Mr . Hinson stated that he has informed Ms. Reese and Mr. Ebersberg that the Authority needs to see a list of the equipment that will have to be relocated before they can consider this matter. Mr. Hinson stated that the request, as filed by Ms . Reese and Mr. Ebersberg, will allow them to receive some cash up front to assist in paying for the installation of the telephone lines to their business, and they will not forfeit the right to further benefits for the relocation of the equipment in their office. Discussion ensued. Mr. Neal stated that as he recalled, the offer in May was to pay for the installation of new equipment and the telephone lines. Mr. Hinson stated that he understands they will need a duplicate set-up so that lines at one location can be immediately switched to another location --there can be no break in service for this business or they lose a large percentage of their clients. Further discussion ensued. Mr. Neal stated that if all Action Answering is asking is to exclude from the waiver the cost of moving the equipment, he would go along with this. Discussion of the proposed purchase of land by Action Answering was discussed in connection with the payment of the proposed $44,314.00. Mr. Hinson stated that he had informed Ms. Reese and Mr. Ebersberg that they could ask for moving expenses for their equipment, in addition to the $44,314 for the installation of the new lines, obsolete materials, etc., but that there was no guarantee that it would be approved. Mr. Novicky stated that he wanted to see a written request outlining specifics they are asking for, and what options they want left open for further con- sideration. Discussion ensued. VanDyke moved: Neal seconded: The Urban Renewal Authority approve payment of $44,314.00 to Action Answering Service as previously approved on May 16, 1984, to cover all relocation expenses with the exception of the moving of the large equipment used in their business, which will be considered at a later time upon submission of the proper documentation. Moving of office furniture is not be considered for moving exp nse reimbursem nt. Further discussion ensued. • I • • • • • • -15- Th e vot e was called: AYES: Voth, Minnick, Neal, Totton, VanDyk e NAYS: Novicky ABSENT: Cole The motion carried. IX. UPDATE ON LAWSUITS. Ms. Powers stated that condemnation proceedings were filed on Physical Whimsical earlier this date. The stay barring such filing was lifted by the District Court on Friday , June 22n d . Immediate possession hearings on Physical Whimsical, Ali Baba, Man's Wo rld and Super Yarn Mart will all be heard on July 11th before Judge Levi in Arapahoe District Court. It is anticipated that the Authority will have possession of the property by mid-August. Ms. Powers reviewed other documents, answers to law suits, etc., which have been filed on behalf of the Authority, the City of Englewood, and Brady Corporation. X. MISCELLANEOUS. Ms. Powers again stated that ground breaking ceremonies for the King Soopers development are scheduled for Wednesday, June 27th, at 11:00 A.M., with a meeting of the City Council and Authority members scheduled at City Hall at 12 noon . A special meeting of the Urban Renewal Authority has been called for Thursday, June 28th, at 7:00 P. M. This will follow the public hearing before the City Council on ratification of the adoption of the Urban Renewal Plan. The meeting adjourned at 10:40 P. M. • I • • - • ( • I. CALL TO ORDER. • • • URBAN RENEWAL AUTHORITY June 28, 1984 5 A The special meeting of the Englewood Urban Renewal Authority was called to order by Chairman Robert J. Voth at 7:00 P. M. in the Community Room of the Englewood City Hall. Members present: Cole, Minnick, Neal, Novicky , Totton, VanDyke, Voth Powers, Executive Director Members absent: Mcintyre, Nonvoting Alternate Also present: Economic Development Planner Wm. R. Hinson City Manager McCown Finance Assistant Linda Knopinski Steve Bell, Hanifen-Imhoff Morris McDonald, Boettcher & Company Greg Johnson and Fred Marienthal, Kutak, Rock & Huie II. TAX INCREMENT NOTES. Ms. Powers stated that the purpose of the Special Meeting is to consider a proposed resolution authorizing, approving and directing the issuance of the tax increment bond anticipation notes. The dollar amount of the notes authorized is $9,990,000. Ms. Powers introduced Mr. Greg Johnson and Mr. Fred Marienthal of Kutak, Rock and Huie; Mr. Morris McDonald, Boettcher & Company; Steve Bell, Hanifen-Imhoff; and Ms. Linda Knopinski of city staff, to members of the Authority. Ms. Powers stated that in approving proposed Resolution #31, Series of 1984, the Authority is also authorizing the Chairman and Executive Secretary to sign other documents regarding the bond note issuance. Ms. Powers asked that the members of the Authority review the proposed resolution and to ask any questions they may have. Mr. Novicky questioned the difference in figures cited on Page 6, 13. Mr. Johnson stated that the principal amount of the issue is for $9,990,000 and the cost of the issuance amounts to some $340,000, which is subtracted from the principal amount. Discussion ensued. Ms. VanDyke asked how the bonds were selling. Mr. Bell stated that the market has improved, and as of today's date, there was $2.5 million left to sell. Ms. VanDyke asked if any of the local banks had contributed to the sale of these notes. Mr. Bell stated that they are still negotiating with the local banks; First National Bank has committed to purchase of $200,000 worth of the bonds. He stated that a branch of the Omni Bank in Littleton did purchase 50 bonds. Mr. Minnick questioned Page 7, 16, regarding a Real Estate Agreement. Mr. Johnson stated that the agreement between the Urban Renewal Authority • I • • • • • • -2- and S. Bud Brady and the Brady Development Corporation states that the redeveloper shall purchase from the Authority the real estate that is not needed for Public Improvements; this is estimated to be $1.9 million in income for the Authority, which will be used to retire the tax increment notes. Mr. Voth asked if there was further discussion; hearing no further questions or discussion, he stated he would entertain a motion to approve Resolution #31, Series of 1984. Mr. Johnson discussed the procedure to be followed in approval of the proposed Resolution #31, Series of 1984. John Neal moved: Susan VanDyke seconded: All rules of the Board of Commissioners which might prevent, unless suspended, the final passage and adoption of the Resolution at this meeting be, and the same hereby are, suspended for the purpose of permitting the final passage and adoption of the Resolution at this meeting. AYES: Neal, Novicky, Totton, VanDyke, Voth, Cole, Minnick NAYS: None ABSENT: None ABSTAINING: None The motion carried. Minnick moved: Novicky seconded: The Urban Renewal Authority approve and adopt Resolution #31, Series of 1984, A RESOLUTION OF THE BOARD OF COM- MISSIONERS OF THE ENGLEWOOD URBAN RENEWAL AUTHORITY AUTHORIZING, APPROVING AND DIRECTING THE ISSUANCE, SALE AND DELIVERY OF $9,990,000 IN AGGREGATE PRINCIPAL AMOUNT OF "ENGLEWOOD URBAN RENEWAL AUTHORITY, TAX INCREMENT BOND ANTICIPATION NOTES (E NG LEWOOD DOWNTOWN REDEVELOPMENT PROJECT), SERIES 1984," TO FINANCE CERTAIN PUBLIC IMPROVEMENTS IN CONNECTION WITH THE "ENGLEWOOD DOWNTOWN REDEVELOPMENT PROJECT," AN URBAN RENEWAL PRO- JECT TO BE UNDERTAKEN PURSUANT TO THE "CITY OF ENGLEWOOD DOWNTOWN REDEVELOPMENT PLAN," TO FUND CERTAIN FUNDS AND ACCOUNTS CREATED IN CONNECTION THEREWITH, TO CAPITALIZE A PORTION OF THE INTEREST PAYABLE THEREON, AND TO PAY INCIDENTAL EJCPENSES TO BE INCURRED IN CONNECTION WITH THE ISSUANCE OF SUCH NOTES; RATIFYING CERTAIN ACTIONS HERETOFORE TAKEN; AUTHORIZING, APPROVING AND DIRECTING THE EXECUTION AND DELIVERY BY THE AUTHORITY OF SUCH NOTES, AN INDENTURE OF TRUST, A NOTE PURCHASE AGREEMENT, AND CERTAIN AGREEMENTS AND DOCUMENTS IN CONNECTION THEREWITH; AUTHORIZING AND APPROVING THE DISTRIBUTION AND USE OF AN OFFICIAL STATEMENT IN CONNECTION THERE- WITH; RATIFYING AND CONFIRMING THE DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT IN CONNECTION THEREWITH; APPOINTING A TRUSTEE; APPROVING THE FORM OF CERTAIN ANCILLARY DOCUMENTS; AND REPEALING ANY ACTION HERETO- FORE TAKEN IN CONFLICT HEREWITH • • I • - ( ( • • • • -3- AYES: Minnick, Neal, Novicky, Totton, VanDyke, Voth, Cole NAYS: None ABSENT: None ABSTAINING: None The motion carried. Mr. Voth stated that Resolution #32, Series of 1984, was to be considered. Ms. Powers stated that this proposed Resolution would designate the Director of Finance for the City of Englewood as the representative of the Urban Re- newal Authority for the investment of all Urban Renewal Authority funds. Nov icky moved: Minnick seconded: The Urban Renewal Authority approve and adopt Resolution #32, Series of 1984, A RESOLUTION DESIGNATING THE CITY OF ENGLEWOOD DIRECTOR OF FINANCE AS THE ENGLEWOOD URBAN RENEWAL AUTHORITY REPRESENTATIVE FOR THE INVESTMENT OF ENGLEWOOD URBAN RENEWAL AUTHORITY FUNDS. AYES: Novicky, Totton, VanDyke, Voth, Cole, Minnick, Neal NAYS: None ABSENT: None ABSTAIN: None The motion carried. There being no further business to come before the Urban Renewal Authority, the meeting was declared adjourned at 7:15 P. M. • D I • • n - ( • • ,. • CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION June 26, 1984 I. CALL TO ORDER. '5b The Special Meeting of the City Planning and Zoning Commission was called to order at 7:00 p.m. by Chairman McBrayer. Members present: Barbre, Tanguma, Carson, Magnuson, Steel, Becker, Venard, Allen and McBrayer. D. A. Romans, Assistant Director of Community Development, Ex Officio Members absent: None Also present: Jack Olsen, City Attorney Harold J. Stitt, Planner I II. APPROVAL OF MINUTES. June 5, 1984 Chairman McBrayer stated that the Minutes of June 5, 1984, were to be considered for approval. Carson moved: Steel seconded: The Minutes of June 5, 1984, be approved as written. AYES: Tanguma, Carson, Steel, Becker, Venard, Allen and McBrayer NAYS: None ABSTAIN: Barbre, Magnuson Chairman McBrayer stated that the Minutes of June 5, 1984, were approved as written. III. APPROVAL OF FINDINGS OF FACT. Shirley Brinkhoff and Doug Kolberg. Rezoning. CASE #21-84 Becker moved: Venard seconded: The Findings of Fact for Case #21-84 be approved as written. AYES: Tanguma, Carson, Magnuson, Steel, Becker, Venard, Allen and McBrayer. NAYS: None ABSTAIN: Barbre Chairman McBrayer stated that the Findings of Fact for Case #21-84 were approved as written. IV. PUBLIC HEARING: ZONING Land annexed by Ordinances No. 1 and 7, Series of 1984. CASE #23-84 Chairman McBrayer asked for a ~tion to open the Public Hearing. Carson ~ved: Steel seconded: The Public Hearing for Case #23-84 be opened, AYES: Barbre, Tangu .. , Carson, Magnuson, Steel, Becker, Venard, Allen and McBrayer. NAYS: None • • I • c ~ • • • • -2- Chairman McBrayer declared the Public Hearing for Case #23-84 opened. He stated that he had been furnished with evidence of posting of the property and that the Public Notice of the zoning hearing was published in the June 6, 1984, edition of the Englewood Sentinel. He stated that the Hearing concerns the zoning of land annexed by the City of Englewood by Ordinance No. 1, Series of 1984, and Ordinance No. 7, Series of 1984. The property is presently owned by the Arapahoe County Fair Association, and is under contract by M. J. Brock and Sons, Inc. The land is commonly referred to as the Arapahoe County Fair- grounds and the South Drive-in Theater area. Mr. McBrayer said that the Commission met on the property and walked the entire property and became familiar with it. He said the Commission had been supplied with a Staff Report, which he included in the Record of the Public Hearing. He stated that after hearing the testimony and reviewing the Staff Report, the Commission will recommend to the City Council, zone classifications for the parcel in question. Mr. McBrayer asked if there were questions by the Commissioners concerning the Staff Report; there were none. He asked if the staff had anything to add. Mrs. Romans said there was nothing further. Mr. Olsen stated that the Staff Report was available to anyone who would like a copy, and that the meeting could be adjourned until the Report had been read. Copies of the Staff Report were given to interested persons in the audience. There were no requests for an adjournment. The Chairman asked if a representative of the Fair Association wished to address the Commission. Jack Sakdol, attorney for the Arapahoe County Fairgrounds Association, was sworn in for testimony. He said that he was representing the Association in the rezoning of the Fairgrounds property and the property of the South Drive-in. This property had been recently annexed from Arapahoe County to the City of Englewood. Mr. Sakdol said he had reviewed the Staff Report, and agreed with most of it; however, he asked that all of the parcel containing the South Drive-in Theater be zoned B-2, rather than leaving a small protion of it zoned R-3. He said that the area suggested for R-3 is so small that, with required setbacks, there would be very little land available for development of residential properties. The rest of the parcel would probably be developed with commercial uses, and the R-3 area would be built behind commercial properties, which, he said, would not be desirable for the residents. He said the R-3 area would not have good access to streets and asked that the area indicated in the Staff Report as R-3 be changed to B-2 in the Commission Recommendation. Mr. Stitt projected a map of the subject property and indicated the area which Mr. Sakdol would like changed, which portion is on the northern part of the property. Mr. McBrayer asked why the staff had recommended that that area be zoned R-3. Dorothy A. Romans, 3600 South Bannock, was sworn in for testimony. She stated that she is the Assistant Director of Community Development. She said that the northeast corner of the property overlooks Belleview Park and seems ideal for R-3 development, which district permits professional office and high-density residential uses. If this is to be a mixed use development, R-3 would be the proper use of that property rather than a more commercial use which would be likely to have loading and atorage next to the park. Mr. McBrayer asked if the access to the R-3 area could be in common with the commercial area. Mrs. Romans said that common access could be planned. There will have to be further hearings for the Subdivision Plat and the Planned Development, and access can be addressed at that time. There will be restricted access along Belleview and Windermere. • I • ( • • • • -3- The Chairman asked if there were any other speakers in favor of the proposed zoning or an amendment to the proposal. There were no speakers in favor of the proposal. The Chairman asked if there were persons wishing to speak in opposition to the proposed zoning. No one asked to speak. Mra. Becker asked why the Parks Department asked that ownership of pets be restricted. Mrs. Romans said that the Parka Department wants no direct access from this property to the park, and unrestricted pets damage parks. There were no further questions from the Commission, and no further speakers. Becker moved: Carson seconded: That Case No. 23-84 be closed. AYES: Barbre, Tanguma, Carson, Magnuson, Stoel, Becker, Venard, Allen and McBrayer NAYS: None The Chairman declared the Public Hearing for Case #23-84 closed. Becker moved: 0 Stoel seconded: That the zoning as represented in the Staff Report be recommended to City Council. (see attached map.) She included the recommendations from the City Departments and from the City of Littleton. Discussion followed. Mr. Allen stated that he agreed with the proposed amendment to the Staff Report, which would eliminate the R-3 designation for Parcel A at the northeasterly boundary of the newly annexed property and make it B-2. He said the parcel is very small, and it is not a good location for residential uses. Mr. Tanguma said that there should be more area devoted to the R-3 designation so that the City can grow in population. B-2 eliminates growth except for business. The area in the south portion of the property which is designated R-3 is in the Littleton School District and will not help Englewood schools at all. Mrs. Becker said that R-3 is appropriate and desirable as a buffer between business areas and the park. Mr. Stoel said that the area could be very attractive and would be a good buffer. Mr. McBrayer said that this development has been called a mixed use, and should have more than one use. The R-3 on the north buffers Littleton, and the northeast portion will buffer the commercial use from the rest of Englewood. Mrs . Becker said that R-3 is residential, but also allows for other uses. Mr. Tanguma auggested that more R-3 be included in the motion. Mr. Allen said that the eom.iaaion was discussing three different things. Mrs. Becker suggested voting on the present motion. The Chair.sn reviewed the motion, stating that it vaa aa put forth in the legal notice of the Hearing, the property contains R-3 areaa on the nortbeaat and .outh of the property, with the remainder to be zoned B-2. AYES: NAYS: Barbre, Tanguma, Caraon, Stoel, Becker, Venard, and McBrayer Hagnuaon, Allen • I • • ( ( • • • • -4- The Chairman declared that the motion was carried, and that the Staff Report should be forwarded to City Council with the Commission's recommendation for approval. V. COMMISSION'S CHOICE. Hr. Stoel asked what the agenda for the meeting on July 3, 1984, would contain. Mrs. Romans said there would be a Public Hearing on increasing the maximum height in the B-1 zone district from 60 .feet to 100 feet, and there will be a communication concerning the Capital Improvement program. VI. The meeting adjourned at 7:34 p.m. • I • • ( • STAFF REPORT Page -1- STAFF REPORT RE: • • • B-1 BUSINESS Case (/24-84 The increase in the maximum height limitation in the B-1 Business District, from 60 feet to 100 feet. This would be an amendment of Section 16.4-10 of the Comprehensive Zoning Ordinance. DATE TO BE CONSIDERED: July 3, 1984 INITIATED BY: The City Planning and Zoning Commission. COURSE OF ACTION: The members of the Commission may: BACKGROUND: 1. Refer the proposed height amendment to the City Council with a favorable recommendation. 2. Recommend that the maximum height in the B-1 Business District not be changed. 3. Table consideration of the proposed height amendment until a date certain in order to have time to review the proposed regulations in light of the testimony received. The Planning Commission held a public hearing on January 17, 1984, to consider the proposed changes to the B-1 . Business zone district regulations. Following the Public Hearing, the Commission found that the sixty-foot maximum building height limitation in the B-1 regulations was not realistic and could impede plans for the redevelopment in the central business district. The Commission concluded that the maximum building height requirement shoudl be increased to 100 feet in an effort to address the identified problem. The Commission recommended to the City Council that the proposed amendments to the B-1, Business District be adopted, including increasing the building height limitation from 60 feet to 100 feet. When the City Council studied the proposed amendments to the B-1 district, some concern was raised about the 100 foot height limitation. As a result of the concern expressed by Council, the maximum building height was decreased from the 100 feet recommended by the Planning Commission back to 60 feet. The Planning Commission has now been asked to reconsider the 60 foot height limitation and will do so at the Public Hearing on July 3rd. REOOMMENDATION OF TilE DEPARTMENT OF COMMUNITY DEVELOPMENT: The ataff recommend• that the maximum building height in the B-1 Busineaa Zone Diatrict be increaaed from 60 feet to 100 feet in order to provide increaaed flexibility in the deaign of the propoaed develop~nt in the redevelopment area and to conform with the purpoae and intent of the B-1 Buaineaa District • • I • • - ~ I I •' • B-2 • • • CITY Or ENGL£.,001>, GOLOR400 A~(A S ANNE~ED BY OIU:>II\II,NCt. NO. I St.RIE.5 1984 ~t.JD ORDI.-ANCE N0.7 SEF~IES 1981- TO IBE ZONE[) AS INDICATED 8-Z: BUSINESS DISTRICT •t R-3 HIGH DENSITY RESIDENCE DISTRICT 'j' PA~C~L.. ~ __ ..,., .. _"'" _. __ --........ "·~ •.. ~~- .,.,.,, E "'-"6.. I I CITY OF LITTLETON • MA.... ..L. I . - ( •• • • • • 50 MEMORANDUM TO : Andy McCown, City Manager FROM: Sharon Winkle, Director of Libraries DATE: June 28, 1984 SUBJECT: Report of Library Director's Attendance at American Library Association Conference, June 19-June 25, 1984 ----------------------------------------------------------------------------------- Both Jerry Valdes, Library Board Chairman, and I attended the American Library As- sociation 1984 Annual Conference in Dallas June 19-June 25. Our primary purpose in attending was to participate in a 2~-day preconference seminar devoted to planning library buildings. This meeting was most helpful to us because, as you know, Library staff and Board representatives are currently engaged in developing a building program for the proposed new facility. The seminar dealt with all phases of programming library buildings as well as working with architects during design and construction phases. Mr. Valdes and I also spent some time talking with furnishings/equipment vendors in order to familiarize ourselves with products currently available for libraries. I also had the opportunity to meet with David Smith, our building consultant, to discuss some major decisions regarding the Englewood building program. A highlight of the conference for me was attendance at yet another buildings meeting which juxtaposed slides of completed library facilities with slides of site and building plans. This presentation reinforced in my mind the need for thorough planning and consideration of all factors which will influence future usability (and use) of a library facility . In addit i on to information about buildings, furniture, and equipment I obtained useful information from vendors about the DYNIX automated library system, Thomas- Built bookmobiles, and the 3~1 Security System. These are all areas in which Li- brary staff will be recommending purchase in the future so these new contacts will all be quite helpful. If more information would be helpful at this time, please let me know . 6-28-84 de • I • • ( • C 0 U N C I l DATE July 12, 1984 • • • C 0 M M U N I C A T I a N AGENDA ITEM ~0- SUBJECT First Supplemental Contract with the State Dept. of Highways INITIATED BY Englewood Water and Sewer Board ACTION PROPOSED, __ ~C~it~y~C~o~un~c~i~l-~pa~s~s~an~o~r~d~in~a~n~c~e~f~o~r-~th~e~F~ir~s~t~Su~p~p~l~em~e~n~t~a~l __ __ Contract with the State Department of Highways. BACKGROUND The City of Englewood, the City of Littleton and the State Highway Department agreed in the contract dated January 9, 1984 to share the costs of relocating the City Ditch in a 54"/60" system on the basis of the following formula: 43 % of the cost to be borne by the City of Englewood 57 % of the cost to be borne by the State Highway Department Englewood's share of the project cost is basically the oversizing cost associated with installation of the 54"/60" system as opposed to installation cost of a 36" system. Future plans for use of the City Ditch would require the 54"/60" system and it is therefore cost effective and prudent for Englewood to share in the cost of the larger system . Preliminary estimates indicated Englewood's share of the project costs would amount to $437,919. Incurred costs for the work have increased and are now estimated at $494,016. The State Department of Highways Supplemental Contract amends the contract with respect to the estimated cost and escrow contract. The basic contract will remain in full force and effect with respect to contractual relationship. Final estimates by the State Highway Department now show Englewood's share to be $494,016, a difference of $56,097. Most of the work on the ditch has been completed with the State paying all expenses to date. The State produced copies of receipts which document expenditures to date and has received reimbursement of most of the original contract amount of $437,919 . • I • • - ( • • • • FINANCIAL The current estimate of Englewood's share of the project is $494,016. The working capital figure of the 1984 budget will be revised downward to reflect this cost as part of the budget process and will be included in the 1985 budget. RECO!Ifo'IENDATION The Water and Sewer Board, at their July 10, 1984 meeting, recommended that the Englewood City Council approve the First Supplemental Contract with the State Department of Highways and the City of Englewood, as part of the Littleton Railroad Depression Project. In addition, it is recommended that the 1984 budget be revised to increase the budgeted amount for the total project cost to a figure of $494,016. • I • • • ousv CC 10-0075-U 6TAT!/!N0Lt:WOOD CITY DITCH • • • D F:: ,,.~::... ~.-: MAH :~-' i :J~u , CONTRACT TKII FIRST SUPPLEMt:NTAL CONTRACT, aade thie ----------day of --------------------· lt _____ , by and between the State of Colocedo foe tbe uee and benefit of THE: STATE DEPARTMENT OF HIOHWAYS, DIVISION oP HIOHWAYS, hereinafter refereed to a5 the State, and the CITY OF ENGLEWOOD, !:1'ATt: OF COLORAOO, heceinaCter reC<!rrod to au tho contractor or Local AQency, WHEREAS, authority eaiete in the Law and Punde have been budgeted, appropriated and otherwi•• .. de available and a eufficient unencuabered balance thereof ceaaine available foe payaent in Fund Nuaber 2001, OIL Account Nuabec 52046, Contract Encuabcance Nuabec 10162; and WHEREAS, requlced approval. clearance and coordlnatlon hal been accoaplllhed rroa aDd vlth appropriate eQencle•: and WHEREAS, tbe ltate and Local Agency entered into a contract dated January t, 1114 hecelnarter refereed to •• the ba1io contcaot and .. de a pact hereof by reference; and WHEa!AS, the ba1lc contract •tipulated peroentae•• roc funding or the work to be baled upon foe tho incurred co1t1; and WHEIIAB, the incurred coet1 foe the work have increeled •• outlined herein; and VH&a&AB, the partie• hereto de1lre to aaend thlt oontcaot vitb celptct to tht tltl .. ted coat, rtaponalbllitltt and ••crow contract; and WHEREAS, the ••crow contract ia attached hereto a1 Bxhibit A; and WHERIA&, the pactlee hereto now de1lre to execute thit tuppleatntal contract . MOW, !HEI&rOII, lt lt btrlbf agcttd : A. The bello contract, unlell tpeclrlcally aaendtd or ctvlted htrtln tball re .. ln ln full rocce and errect vitb cetptct to the contractual relatlonlhip between the partie• hereto • • ) I • - • • • • a. Jte• 1 . Of the baeic contract &hall be a•ended &8 follow&: ·1 , In eubpact A. delete the figure •tl,000,40t• and eubetitute thaceCoce "$1,128.~61". 2. tn eubpact a. delate the flguca •t570,233• and eubetltute thecatoc "$643,200". 3. tn aubpact c. delate the flguca "1410,176• and eubetitute tbecetor "$48~,281". 4, In eubpact D. delate the figure •t7,743• and eubetltute therefor •$1,735•, 5. ln eubpact !. delate the figure "$437,919" and eubatltuta therefor •$494,016". C. Ita• Z.A. IEIPON&taiLITIEI OP THE LOCAL AGI»CY eball be a•endad aa followe: {1) The fleet paragraph ahall be ldantlflad •• eubparagcaph •1•. and a•endad by placing a period after the word •contract.• and dalata .tha ra .. lnlng phraea •after acceptance of the facll1t1•• froa the ltata•. {2) Add a new paragraph •z•. •z.(a) The Local Agency will aetabllah an aecrow account la accocdanc~ with Eahlbit A attached bacato aad .. da a pact bacaof, 1n favor of the ltata, ln the bank of----------------Colorado roc an 1n1tlal aaount of t5o ,ooo and age••• to cal•••• payaanta 1a full to the &tate for tn, work 1n aaountl •• dataca1nad 1n accordance wlth paragraph 3 or tbe G&N~ PBOVISJOMS . The 150 ,000 aaount will be ••crowed within flva working dar• after thl1 eupplaaantal contract bee bean executed . {3) The Lo cal Agency 1hall upgrade the ••crow account •• fundi are wltb4rawn a• etatad la paragraph 4 of the QIM&IAL P&OVISIONS. -a- I • • • • • • IN WITN£6S Wtlt:llEOF, tho parties hcceto have executell thi& contract the dar and r••r fir•t above written. ATTB&T: APPROVED: ltete coauouer llf -------- ATT!6T: STATE OF COLORADO lllCI-IAilD D. I.AMN, OOV~IINOil DUANE WOOUAUD Attoraer General By ~~~~~~-----------LYNN OD~WIYEII Flr•t A••1•tant Attorllllf Oeaeral Natural Desourcee Boctlon CITY OF ENGLEWOOD •r ---------------------- Title --------------------- _,_ • I • • • • • • 0074V EXHIBIT A ESCROW AGREEMENT AGREEMENT, aa~e thia ~ay of , 19 _____ , between the State of Colorado, for the use and benefit of The State Department of Highway&, Division of Highway&, hereinafter referred to a& the State and CITY OF ENGLEWOOD, STATE OF COLORADO, hereinafter referred to a& the Local Agency or City. WHEREAS, the State and the Local Agency have entered into a certain contract in writing whereby the State agree& to perform certain work con&isting of enclo&ing the City Ditch for a project identified a& cc 10-007~-16, and the Local Agency agree& to reimburae the State therefor the e&timated &um of '1465,273, a copy of which contract 1& attached hereto and made a part of the E&crow Agreement: and WHEREAS, the Local Agency has agreed to depoait the aum of s~o.ooo in e&crow and to upgrade the escrow aa fund& are depleted to guarantee payment under the aai~ project contract aa outlined herein, below. NOW, THEREFORE, it ia hereby agreed that: 1. The Local Agency ahall deposit witht ____________________________ _ a• Depoeitory, the sum of •~o.ooo within 5 working after the aupplemental contract 1• fully executed for the work deacribed therein. The above amount 1• to be bel~ in ••crow by the aaid Depository and disposed of as herein provided. I • • , • • • .. (a) This account shall be updated with an agreed upon amount for conatructlon within 10 working ~•Y• prior to advertlaeaent of the project for conatruction. 2. The Depository aba11 ~eposit a11 aai~ amount ln an intereat bearing account an~ &hall collect all interest and aake such interest payable to the Local Agency. 3. Any expenses lncurre~ by the Depository in connection with the holding of aald aonies ln escrow ahall not be charged to State but ahall be pal~ by the Local Agency. 4. The Depository is hereby ~irected to hold. deal with and diGposc oC the aCoresaid deposit and a"y oLhcr CundG aL a"y time bel~ by the Depository hereunder in the following manner subject, however, to the terms and conditions hereinafter set forth. 5. With respect to each withdrawal of funds by the State, the State &hall deliver to Depository a certiticate from the State, over the signature of the Executive Director or hi& ~esignee (dealgnated in a writing aatlafactory to Depoaltory and Local Agency). aettlng forth in reasonable ~etail. consiatent witb the State•• noraal accounting procedures. the costa and expen••• for which payaent 1• aought. and further certifying tbat (a) all au•• being requeated for diaburaement are properly ~ue and owing to pay proportional coat• incurred in connection with the project aa provided in the contract and (b) copies of ~ocument• noraa11y kept by the State in accordance with lta atandard procedures, which -2 -I • • - • • • • identify project costs incurred throu9h the date of the last payment from this eecrow and which evidence payment• aade to the date ot said laet payment to contractors and others. have been furnished or aade available to the Local A9ency. Upon compliance with the tore9oin9 and provided such dieburseaent complies with all other provisions of these eecrow inatructions. Depository ahall proaptly diaburse auch funda ae directed in writing by the Executive Director. Certification ahall be in the fora ot a copy ot the coat led9er for the project dated and approved by the State or a& otherwise provided tor herein. 6. Except as otherwise provided. a final disbursement of the escrow funds &hall be made upon submission of a written request thereCor by the &tate. If. after such final disbursement, or upon any other termination or this escrow, any funds remain deposited herein. they ahall be immedi~tely paid to the Local Agency. ?. Depository ehall not be responsible tor verifying the accuracy of etateaents eubaitted by the &tate and eaid Depository agreee to bonor all request• for wltbdrawal of funds which are aade in coapliance with theee eecrow 1nstructiona regardleea of any objection by the Local Agency. -3- • I • • • • • • e. Notice& required (or which any party ~•Y de&ire to olve) hereunder ehall be in writing and ahall be oiven by certified or registered aall. poatage prepaid. return receipt requested. addreaaed •• follows: If to Local Aoency: 1£ to State: If to Depoeltory: City o( F.n.-.1(\woo.l &tate Department o[ Highways 4201 E. Arkan&a& Avenue Denver. co 80222 Attn: Chief Engineer or to auch othar peraons or addressee as aay be desionated by notice. AnJ notice tlven aa aforeeald ahall be effective three (l) dar• After deposit of •••e ln the u.s. aalla. -4 -I • - ,, • • • • 9 . Depo&i~ory•s du~ie& and responsibilities &hall be limited to ~hose expreaaly aet forth in these e&cro~ instructions, and Depository ahall not be &ubject to, nor obligated to Eecognize, any o~ber agreement between, or direc~ion or ins~ruction of ei~her or both of ~he parties hereto even though Eeference thereto aay be aade herein: provided, bowever, that ~he&e escrow instructions aay be aaended a~ any tiae or ~iaea by an inatruaent in writing elgned by all ~be then parties ln interest and accepted in writing by the Depo6itory. 10. ~or the purpose& hereo! and a& u&ed herein, "Local ~geucy• &hal~ aean City of Englewood, Colorado, or any &uccessor or assignee of any o! its interest& under the contract. Nothing herein ahall be construed to permit the Local Agency to withdraw any funds from the escrow account aolely by reason of a transfer of it& interest& upder ~he contract. 11. All docuaenta, letter&, notices and certification& to be algned by ~be Local Agency beraunder ahall be aigned by an o!ficer on behalf of the Local Agency. -5- • I • - • Pated: -----------------· 19 __ __ STATE OF COLORADO RJCHARP O. LAMM, GOVERNOR By -------------------------- Executive Director DEPARTMENT OF HIGHWAY& • • • By Title ACCEPTANCE BY PEPOSITORY The underaigned Depoaitory hereby agree• to bold, deal with and di•po•e of all property at any tlae held by it hereunder in accordance with tbe foregoing escrow instruction&. By Depository Patec! ---------------· 1984 _,_ I - I • • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DA TE July 11, 1984 AGENDA ITEM toe SUBJECT Proposed Amendment to §16.4-10, B-1, Business District, Pertaining to the M"Yimu m Permit·ted HPi!!.ht INITIATED BY City Pl a nnin g and Zoning Commission ACTION PROPOSED Receive t h e Recomme n dation of the Planning Commission relative to the amendment to the B-1 Zo n e District a n d request the City Attorney to prepare an Ordinanc~ in oreoaration for a Public Hearing. INTRODUCTION AND BACKGROUND: At the regular meeting of the City Council on May 21, 1984, the Council approved Ordinance No. 18, Series of 1984, which Ordinance amended the following sections of the Comprehensive Zoning Ordinance and incorporated them in the Englewood Municipal Code: Section 16.4-8 Section 16.4-10 Section 16.4-11 Section 16.4-12 Section 16.4-15 R-3, High density Residenee District B-1, Business district Design Guidelines for the South Broadway Incentive Area B-2, Business District P.D., Planned Development District After having reviewed the B-1 Business District regulations in conjunction with the Downtown Redevelopment Plan, it was determined that th e maximum height of 60 feet in the B-1 District would be overly restrictive, and would be inconsistent with the intent of the Plan. This would make it necessary for developers of proposed multi- story buildings in the downtown area to seek alternatives to that provision before their building design could proceed. Th City Planning and Zoning Commission considered the amendment of the 60-foot maxi- mum height to 100 feet, at a Public Hearing on July 3, 1984. It was the conclusion of th members of the Commission following the Public Hearing that the maximum height of buildings should be increased as proposed in order to be consistent with the Down- town Redevelopment Plan. RECOMMENDATION: After having consid red the proposed amendment of the B-1 Business District, Section 16.4-10 f (1) of the Englewood Municipal Code, at Public Hearing, it was the recom- mendation of the Commission that the maximum height in that district should be in- creased from 60 feet to 100 feet. The m mbers of the Commission further r commend that an ordinance be prepared con- e rning the am ndment to Section 16.4-10 f(l) of th E.M.C., and that a Public H arin~ be scheduled on the matter • • I • • - I STAFF REPORT Page -1- STAFF REPORT RE: • • • B-1 BUSINESS Caae 1124-84 The increase in the maximum height limitation in the B-1 Business Diatrict. from 60 feet to 100 feet. This would be an amendment of Section 16.4-10 of the Comprehensive Zoning Ordinance. DATE TO BE CONSIDERED: July 3. 1984 INITIATED BY: The City Planning and Zoning Commission. COURSE OF ACTION: The members of the Commission may: BACKGROUND: 1. Refer the proposed height amendment to the City Council with a favorable recommendation. 2. Recommend that the maximum height in the B-1 Business District not be changed. 3. Table consideration of the proposed height amendment until a date certain in order to have time to review the proposed regulations in light of the testimony received. The Planning Commission held a public hearing on January 17. 1984. to consider the proposed changes to the B-1 Business zone district regulations. Following the Public Hearing. the Commission found that the sixty-foot maximum building height limitation in the B-1 regulations was not realistic and could impede plans for the redevelopment in the central business district. The Commission concluded that the maximum building height requirement shoudl be increased to 100 feet in an effort to address the identified problem. The Commission recommended to the City Council that the proposed amendments to the B-1. Business District be adopted. including increasing the building height limitation from 60 feet to 100 feet. When the City Council studied the proposed amendments to the B-1 district. some concern was raised about the 100 foot height limitation. As a result of the concern expressed by Council. the maximum building height was decreased from the 100 feet recommended by the Planning Commission back to 60 feet. The Planning Commission has now been aaked to reconsider the 60 foot height limitation and will do ao at the Public Hearing on July 3rd. RECOHHENDATION OF ntE DEPARTMENT OF COHHUNITY DEVELOPMENT: The staff recommends that the .aximum buildin& heiaht in the J-1 Jusineas Zone District be increased from 60 feet to 100 feet in order to provide increaaed flexibility in the desian of the proposed develop .. nt in the redevelop .. nt araa and to confora with the purpose and intent of the J-1 Jusiness District • • I • • ( • • • - CITY PLANNING AND ZONING COMMISSION ENGLEWOOD, COLORADO IN THE MATTER OF CASE NO. 24-84, ) FINDINGS OF FACT, CONCLUSIONS AND ) RECOMMENDATIONS RELATING TO AN ) AMENDMENT TO 16.4-10, B-1, BUSINESS ) DISTRICT, OF THE ) ENGLE\oiOOD MUNICIPAL CODE, ) AS AMEfi.'DED; WHICH AMENDMEf\"1' ) PERTAINS TO THE MAXIMUM PERMITTED ) HEIGHT REGULATIONS IN THE B-1, ) BUSINESS DISTRICT. ) A Public Hearing was held on July 3, 1984, in connection with Case No. 24-84 in the City Council Chambers in the Englewood City Hall. The following members of the City Planning and Zoning Commission were present: Barbre, Tanguma, Carson, Magnuson, Stoel, Becker, Venard, and Allen. Members absent: McBrayer. FINDING OF FACT Upon review of the evidence taken in the form of testimony, presentations, reports and the draft of the proposed zone district amendments, the City Planning and Zoning Commission makes the following Findings of Fact. 1. That notice of the Public Hearing was given in the Englewood Sentinel, the official City newspaper, on June 13, 1984. 2. That the B-1, Business Zone District was adopted by Ordinance No. 18, Series of 1984. 3. That at this time, the major land use issue within the B-1 District is the redevelopment of the downtown business district. 4. That in order to facilitate the redevelopment, the Englewood Downtown Redevelopment Plan was prepared and approved by the Englewo od Urban Renewal Authority and approved by the Englewood City Co un c il by Resolu t ion No . 39, Series of 1982, follow i ng a Public Hearing on August 23, 1982, and as amended on December 21, 1982, Karch 26, 1984, and April 30, 1984 . S. That the Downtown Redevelopment Plan atates that a concentration of high activity uaes ahould be encouraged in the downtown to provide a focal point for the City. 6. That the Redevelopment Plan providea a atrong downtown image neceaaary to make Englewood a destination for area ahoppera as well as a prime location for housing and office uaera, and that the development of a viable hotel is of .. jor i~ortance • • I • • I I • • • • -2- 7. That the Redevelopment Area is limited in aize; and there- fore, multi-story structures will be necessary to implement the approved plan. B. That the current height limit of 60 feet is not realistic and could impede plans for the redevelopment. 9. That the maximum permitted height in the B-1, Business District should be increased from 60 feet to 100 feet in order to accommodate the multi-story buildings Which are elements of the Downtown Redevelopment Plan. 10. That no persons were present who wished to speak in favor of the proposed amendments to the B-1 Zone District regulations. 11. That no persons were present Who wished to ~peak · in opposition to the proposed amendments to the B-1 Zone District regula- tions. 12. That the Commission has considered the amendment to the B-1, Business District in an effort to address the issues outlined above. CONCLUSIONS 1. That proper notice of the Public Hearing vas given. 2. That no persons spoke in opposition to or in favor of the proposed amendments. 3. That the plans for development which are incorporated in the Englewood Downtown Redevelopment Plan cannot be implemented with the 60 foot maximum height restriction. 4. That were the maximum height of buildings in the B-1, Business District increased to 100 feet, the construction of new multi-story buildings, which is an element of the Plan, could be implemented. 5. That the proposed amendment is reasonably neceaa&ry for the convenience and welfare of the public and is in conformance with the Englewood Comprehensive Plan and the Englewood Downtown Redevelopment Plan . RECOMMEt.'DATlO N Therefore, it is the recommendation of the City Planning and Zoning Commiasion to the City Council that the propoaed amendment to the Comprehensive Zoning Ordinance, Section 16.4-10, B-1, Buaineas Diatrict be adopted. increasing the waxi.um height from 60 feet to 100 feet . • I • • - • • • ( ( • • • -3- Upon the vote on a motion aade at the Meeting of the City Planning and Zoning Commission on July 3, 1984 by Hr . Tanguma and seconded by Hr. Barbre: Those voting in favor of the aotion were Mrs. Becker, Messrs, Barbre, Tanguma, Carson, Magnuson, Stoel, Benard and Allen. Mr. McBrayer vas absent. Those voting in opposition to the action: None. By Order of the City Planning and Zoning Commission Chair11an I • • - ( • • • • ORDINANCE NO.~~ BY AUTHORITY SERIES OF 1984 ____ _ ., A , COUNCIL BILL NO. 23 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE APPROVING AN AGREEMENT WITH THE SOUTHEAST METROPOLITAN BOARD OF COOPERATIVE SERVICES FOR MEDIA CATALOGING AND PROCESSIN~ NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. That the agreement between the Southeast Metropolitan Board of Cooperative Services (SEMBCS) and the City of Englewood Public Library is hereby approved. Said agreement is attached hereto as Attachment 1 and incorporated herein by reference and contains generally the following: SEMBCS will provide media cataloging and processing services beginning January 1, 1984 and ending December 31, 1984 for an agreed on sum; said service by SEMBCS shall include receiving and checking in of materials, cataloging of all materials, delivery of processed items to Englewood Public Library once a week. Section 2. The City Council hereby authorizes the Mayor and ex officio City Clerk-Treasurer to sign and attest said agreement for and in behalf of the City of Englewood. Introduced, read in full, and passed on first read- ing on the 2nd of July, 1984. Published as a Bill for an Ordinance on the 4th day of July, 1984. Read by title and passed on final reading on the 16th of July, 1984. Published by title as Ordinance No. ~, Series of 1984, on the 18th day of July, 1984. Attest: Eugene L. Otis, Mayor ex officio city Clerk-Treasurer I • • ( • • • • I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the foregoing is a true, accurate and complete copy of an Ordinance pa~1?on final reading and published by title as Ordinance No. , Series of 1984. Gary R. Higbee I • • - .· I ( • ( • • • - SOUTHEAST METROPOLITAN BOARD .OF COOPERATIVE SERVICES 3301 South Monaco Denver, Colorado 80222 PROGRAM AGREEMENT The Southeast Metropolitan Board of Cooperative Services (SEMBCS) and the Englewood Public Library do hereby enter into an agreement in which SEHBCS agrees to provide media cataloging and processing services. The above program is effective beginning January 1, 198', and ending December 31, 198'. In support of the above agreement, Englewood Public Library agrees to pay SEHBCS the sum of Eleven Thousand Two Hundred Ten Dollars ($11,210), an amount which covers the cataloging and processing of Forty-five Hundred (4,500) items at Two Dollars and Thirty-eight Cents ($2.38) each and the weekly delivery of processed ite•s to Englewood Public Library. If the number of items processed ezceeds ,,500 during the term of the contract, Englewood Public Library will be billed at Two Dollars and Thirty-eight Cents ($2.38) for each item over that number. On the other hand, should the number of items processed fall below 4,500, Englewood Public Library will receive a credit of Two Dollars and Thirty-eight Cents ($2.38) for each item under the total amount. That credit •ay be applied to the 1985 contract, if one is forthcoming, or a refund given early in 1985. SEMBCS Media Service will be responsible for the following: 1. Receiving and checking in of materials; rectifying errors in shipping. 2. Professional cataloging of all materials according to procedural agreements. 3. Materials processing will include, for books, a complete catalog card set, bar code label and pocket, mylar jacket when needed, complete set of labels, and ready for use. Audiovisual items will receive a complete card catalog set, bar code label and pocket, and, for kits, labels for each •ajor ite•. '· Delivery of processed items to Enalewood Public Library once a week. 5. Payment of the $11,210 sum shall be as follows: $5,605 by June 15, 1984 5,605 by September 15, 1984 $11,210 President, Board of Directors Secretary Mayor, City of Englewood City Clerk-Treasurer, City of Enalevood • I • - ( ( ( • • • • BY Al.miORITY ORDIN!UCE NO. SERIES ~ 198~ .... 4--- CXXJ!CIL BILL NO. 26 :::::x:E:::_e COOtCIL A BILL FOR AN ORDIIWCE NUH>IN:; 'niE MtJUCIPAL CODE~ 'niE CITY~ ~000, CXLORAOO, TITLE XVI, CXJotPRE:HER>IVE Z~IN:; ORDINIUCE, ~ION 16.4-10, 8-l [BlEINESS DISTRICT], TO AM!H> '1'HE HEIGrl' LIMITATION '!'HEREIN AT &ISSECI'ION f. ( l) TO READ "em; tDilRm (100) FEET; WHICH ORDINNCE IS ADOPI'ID PURSUANT TO 'niE CDETI'l\JTION ~ 'niE STATE ~ <XLORAOO AND 'nRXJGH 'niE EXEICISE ~ PCloiERS awn'fD AND ACQ.IIRED IN 'lHE fD1E RlLE OiARTER AOOPI'ID IN 1958 BY '1'HE CITY ~ ElCL!WOOD, AB:XXONIZD«i 'mAT Z~IN:; IS ULTII9.Tfl..Y A lDCAL AND I'UIICIPAL ~TTER, '1'HE INTDn' ~ THIS PORTION ~ 'niE CXI1PRDfiHOIVE Z<»>IN:i ORDIIWCE BEIN:i TO SUPERSIDE WITHIN 'niE TERRITORIAL LIMITS AND O'nfER JURI5- DICTION~ THE CITY~ DG.fliOOD THE GENERAL LMi ~THE STATE~ CXLORAOO IN CONFLICT HERDVITH, AM!H>IN:; A PORTION ~ ORDINA!CE NO. 18, SERIES ~ 1984. WHERFAS, the City Co~meil previously passed Ordinance ~b. 18, Series of 1984; and WHEREAS, the City Co~meil finds it necessary to i!IIM!nd a section of that ordinance; ~. THEREFORE, BE IT CIWAINID BY 'niE CITY CXXJNCIL ~ 'niE CITY~ ~000, ax.oRAOO, as follows: Section 1. 'lhat Title XVI, Section 16.4-10, of the J!hglewood 1'tm1c1pal Oxle of '69, as amended, is iDellded to read as follows: 16.4-10 B-1 Business District. f. RE!quiranents for Developnent. (l) Maxim\JII height of buildings ••••••••• ~ ~ ONE IUilRID (100) feet See Section 16. 5 for Height Eltoeptions All other portions of said section ranain the sane. Section 2. ordinance: A. '1he following legal provisions shall apply to this 5eparability Clause. If any article, section, subsection, aentence, clause or lbrase of this Ordinance is for any reason held to be l 1G , I • • - ( • ( • • • • unconstitutional, such decision ahall not affect the validity of the ranaining portion of this <kdinance. 'ftle O:>~n:il of the City of &lglewood hereby declares that it ~uld have phrased this Ordinance and each article, section, subsection, clause or phrase hereof, irrespective of the fact that any one or more articles, sections, sentences, clauses and phrases be declared unconsti tu-tional. _ _ _ _ B. Scope. 'lhis Q::dinance relates to zoning, and it does not repeal, abrogate, annul, or in any way impair or ~nter.fere with existing provisions of other laws or ordinances, except those repeal~ herein. .illere .~is Orq~nance impo~ .a _ gr~~er , restriction upon laf!d, buildings, or structures ~n ~posed or required by such existing provisions of law or orsHnance, the provisions of this Q::dinance shall control. c. Necessity. 'ftle City Co~n:il hereby finds, determines, and declares that this <kdinance is necessary for the imnediate preservation of the public peace, health, safety and convenience. Section 3. Hearing. In accordance with Section 40 of the City dlarter, the city Co~n:il shall hold a public hearing on this Ordinance, before final passage, at 7:30 p.m. on l't>nday, August 6, 1984. Introduced, read in full, and passed on first reading on the 16th day of JUly, 1984. 1984. PUblished as a Bill for an <kdinance on the 18th day of July, Attest: &Jgene L . otis , Mayor ex officio city Clerk-Treasurer 2 • [ ( I • • ( ( • • • • I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Ehglewood, Colorado, hereby certify that the above and foregoing is a true, accurate and oanplete copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 16th day of July, 1984. Gary R. H1gbee 3 • I • • - ( ( ( • • • • BY AtmiORITY ORDINAOCE 00. SERIES CF 198'-:4--- A BILL FOR COUNCIL BILL 00. 27 INTROOOCED BY COUNCIL MEMBER 'f~& AN ORDINAOCE AOOPI'I~ 'mE JOINT REX::REATION AGU:EMENT BE'IWEEN 'mE CITY CF EN:iL~OOD, COLORAOO, AW OCHOOL DISTRICT 00. 1, CCXJNTY CF ARAPAHOE, COLORAOO, TO TAKE EE'F'fX:T JANUARY 1, 1985. WHEREAS, the City of fhg1ewood and School Distr ict tb. 1 have previously entered into an agreement dated February 6 , 1984 concerning use and operation of the indoor swillllling pool on Englewood School District property; and WHEREAS, due to usage, operation conditions, inflation, and other variable factors, it is necessary to amend the February 6, 1984 agreement; ~' THEREFORE, BE IT OROI'\INED BY 'mE CITY COOOCIL CF THE CITY CF ~L~OOD, COLORAOO, AS FCl£.I.ao/S: Section 1. City Council hereby adopts the Joint !Ecreation Agreement between the City of fhglewood, Colorado, and School District tb. 1, County of Arapahoe, Colorado, which agreement is as follows: JOINT REX:REATION AGU:EMENT 'nilS AGU:EMENI', merle and executed this day of , 1984, by and between the CITY CF ENGL~OOD, a iiiiiiTcipal corporatiOn organized and existing pursuant to the provisions of Article XX of the Constitution of the State of Colorado, hereinafter called "City," and OCHOOL DISTRICT 00. 1, COONTY CF ARAPAHOE, COLORAOO, a quasi-mmicipa1 corporation, hereinafter called "Distr ict," WITNESSETH WHEREAS, both parties hereto have been granted authority, by reason of the provisions of Colorado Revised Statutes, to cooperate together in the condoct of a public recreation systan in any manner in which they may agree; and WHEREAS, the City, by reason of the provisions of Article XII, Section 120, of its Charter, has authority to cooperate with other public authorities to implement its public recreation program; and • 7 I • • ( • • • • WHEREAS, an indoor swimning pool for the use of student swimning instruction and for public use generally has been constructed and is being operated under a cooperative agreement between the parties dated June T7, 1966 on a certain portion of realty owned by the District together with certain other irnprovsnents thereon, the legal description is attached hereto and, by this reference, incorporated herein; and WHEREAS, due to usage, operation conditions, inflation, and other variable factors, it is necessary to amend the February 6, 1984 agreement. The parties desire the provisions herein to apply; NOW, THEREFORE, in consideration of the mutual covenants and obligations herein contained, it is mutually covenanted and agreed as follows: 1. The indoor pool, building, and related facilities located at the Englewood High School shall be controlled and supervised by the Englewood School District to provide swimning facilities for the students of the District. The District shall provide for City use of these swimning facilities for the public at large according to the terms hereof. 2. a. The District shall have the first prior right to use of the S<Kne for Englewood PUblic School purposes. b. The District shall have the second prior right to rent these swimning facilities during the days and hours when the Englewood ?.lblic Schools are not using the pool for their purposes. c. The City shall have, as a third priority user, the use of said pool, building and facilities for its purposes. It is agreed that once a City use has been scheduled, said use shall not be preempted for any other use unless agreed upon by both parties. d. The City shall canpensate the District for the City use of said pool at an hourly rate in accordance with the City's policy relating to the recovery of program user fees, which policy is to recover twenty-five percent (25%) of the direct costs for youth programs and one hundred percent (100%) of the direct costs for adult progre~t~s. Any dispute ar i sing fran a determination of said compensation will be referred to the City-School COmmittee for its consideration. e. Billing shall be made quarterly and shall be in sufficient detail to evaluate the correctness of the billing. 2 • I • • - • • • - f. It is agreed that for school programs and for City programs each party may establish and collect program fees without having the responsibility to account to the other party. Fees established and collected frcrn other than City and District shall be considered as rental i nccrne. g. At times when the City is using the pool and related facilities, the publi c may have use of prese nt parking fac i lities north of the SW i mming Pool building. The District shall reserve five spaces for City public use of the pool. I t will be the responsibility of the City to po lice the use of such spaces. 3. a. Each party hereto shall employ , ccrnpensate and be responsible for i ts supervisory personnel, such as lifeguards, which shall be employed and utilized during the times that the party shall have the pool, buildings and related facilities a i ts disposal. b. It is anticipated the District shall prov1de and pa y for sufficient qualified ma i ntenance personnel o pro rly maintain the facilities throughout the year. Ho~oever, the City, with District's approval and during the time of City's use of poo l , may provide all or part of the pool maintenance due to problem of District provid ing satisfactory mai ntenance during school vaca- tions, weekends and holidays. Any costs incurred by the City for maintenance will be deducted frcrn the hourly rate in paragraph 2. 4•--Efteh-of-the-perties-hereto-agrees-to-obtatn-~-r~~P ~-~Fee-s'*!A-kai!la~-aR!i-it.eeiHey~Miee-in-!mff±-ci-entCilTOtJnt: ~-~ee;~,y~~~-eio!e"1!66l:-7-b~Hdm:t-l!!'ld-retata:t-tl!tirrtres.,crs -~~-as-~~l;ee~-~he-~r-~~-fr-errt-the-el:a±ms-otcmy-tlT±nt-party;- 4. The City and The School District each agree to maintain separate policies of comprehensive public liability insurance that cover and apply to the prEmises in the amount of not less than $300,000 per injury or death to any one person in any one accident or occurrence, or in an amount less than $500,000 for injury or death of more than one person in any one accident or occurrence. Such limits are as to each separate policy, and such insurance and each such policy shall be for and in favor of the City and the School District and shall further insure the partie s against liability for property damage of not less than $50, 000 for each separate oolicy. Each said policy shall be primary policies, not contrib.Jting with , nor in excess of, the coverage that the other party may carry. 5 . Should any dispute a rise between the parties or th ir successors involving the interpretation , or application of th1s . Agreement , or 1nvolv1ng the relat ionship of the parties hereto 1n the use of the recreational facilities hereby envisioned (wh ether specifically covered by the terms and prov isions hereof or not), it is agreed that any such dispute shall be submitted for a final and binding determination to the joint City-School COmmittee. 6. Th is Agreement shall extend and be binding upon any and all successors or assigns of the parties hereto . This Agreement supersedes all other agreements made between the District and the City and shall take effect .1anuaty""t";-~;---or~arm~-'!hi Elfrmmrtity~-pool-becaue:s operational. Feb~ 15, 1 98?. . s Jlqreement supercedes a 11 other agreements relatu1g t o the SWl.ITUnq pool . 3 • I • • • • • • f. It is agreed that for school programs and for City programs each party may establish and collect program fees without having the responsibility to accolilt to the other party. Fees established and collected from other than City and District shall be considered as rental income. g. At times lrtlen the City is using the pool and related facilities, the public may have use of present parking facilities north of the Sllirrming Pool building. 'nle District shall reserve five spaces for City public use of the pool. It will be the responsibility of the City to police the use of such spaces. 3. a. Each party hereto shall anploy, compensate and be responsible for its supervisory personnel, such as lifeguards, lotlich shall be anployed and utilized during the times that the party shall have the pool, buildings and related facilities at its disposal. b. It is anticipated the District shall provide and pay for sufficient qualified maintenance personnel to properly maintain the facilities throughout the year. Ho~o~ever, the City, with District' s approval and during the time of City' s use of pool, may provide all or part of the pool maintenance due to problem of District providing satisfactory maintenance during school vaca- tions, weekends and holidays. Any costs incurred by the City for maintenance will be deducted from the hourly rate in paragraph 2. rete agrees to ain and to ty insuranc in ficient tela faci ties, claims of any nd party. 5. Should any dispute ar1se between the parties or their successors involving the interpretation, or application of this Agreement, or involving the relationship of the parties hereto in the use of the recreational facilities hereby envisioned (whether specifically covered by the terms and provisions hereof or not), it is agreed that any such dispute shall be sul:rnitted for a final and binding determination to the joint City-School Ccm:nittee. 6. 'nlis Agreanent shall extend and be binding upon any and all successors or assigns of the parties hereto. 'nlis Agreanent supersedes all other agreanents made between the District and the City and shall take effect JaAuary 1, 1'8~, or when the new ·"O:rrrmlrtity Center pool bec:anee epe~eationti. 11 _,J_ dJ a_ \ ' I (l 'J~ ') ~ l (C. -t .-tt._( ; ( k1 '-' (1 t'"J ))Uc> (1 I t J <<..L{ )')<. ~~ 3 • I • • ) (1 • - • • :tt4 Jiv (l "t< a:,, tIN ~k ,._c cLw_ tv. ,j __t ih-L ~ ;; Tl < I I< <5-< ':-' /)-L /"'.'a &_ 'f' 0~< '~· 4 (J) 1 £.."' "-' ~<..c f.-1.( i.'.._;_.{c.-.( t {.(.(_.( (y -y ..UJ. t f1.0 C!..c!.-' X ictt.ft-~~~1 ~ .£!__ {'dd 1 j; t U J >) --'-· ~ ~-LU C<--~ a L ~/~-tp{ /}W--L "' J/ jt It t• ~ J C.'Z.~ tl Z'cJ r u ____.z__,~f /]J cL:t:t :el\ ft LlY LQ__ /')U r t {)L _t ~ {! 1'-); 0 l..Q.... C. c. t..-<::U /2_' fC..C<._-<_ l. tt.--J<-<:..-->() (j(_1 ..J ~ U 0 -y tL<" t _;Ze .YO {<.-(<~ '# 5 <)Q, (j --rfc/LJ /-J_{ f 'd..Nl:ei.._. I /Y fl.(' -tt~ t?')U? t.tA ~ ~1.~ ""Q nv tJ--&--ui,. .( A-&< 'VJL ,'-=-. ~cL {), ......,__£:, u y...a-c~ ..__ ;a-crfrJA4r._ J~~1c_; o~d) .xJ~<cL ·' /)L Q0{ [{1 Jl ('_c;_~ . LJ! )!_ o.--c L .~-e. L ._ Fc.J y:dc -#--Ci!. L r Cl >ld _t '>--/{l " ' C. (_(u ~-L&_, j:t__L J L .1' '" r , L "" .J. r» k f<-'-c ~...L tL<Ju. &._ Ttu f de o 'f''"._{ J2<-<U~ pu pv t(t 1 ;. 1)'--j'-A-/ -;L ~1 "w &t v~---#..Jo"" o0o t)'t'L.-) . rJ c I~ yJ( J?il ,.,_t,;_ ( "";J' ~ a c , VJGu . 1,_ ~"" . yJ llil · &.-Lc , a 1(} 'r&.w~c 4---L /.t'Yc.t~t'a . u'-i 1\{j) ' L [t.-.-~ 1~ /CL~~~ '2 G t&._~ e..-("1 ~ ~( (_Let t LAJ: JJc) 7 ) L '-! {'(C 'I'~() . I . • • - ( • • • • • IN WITNESS WHEREOF, the parties have hereto set their harrls arrl seals as of the day arrl year first above written. Attest: Gary R. Higbee, ex officio City Clerk-Treasurer Attest: Board of FHI.lCation Secretary CITY CF ~OJD, <X>LORAOO s::lfOOL DISTRicr 00. 1 ARAPAHOE COONTY, COLORAOO By------------~~~~ Pres1dent Board of Ethx:ation Section 2. City CO~.neil authorizes the Mayor to sign and City Clerk to attest said Agreement on behalf of the City CO~.neil arrl the City of Fhglewood. Introduced, read in full, and passed on first reading on the 16th day of July, 1984. 1984. Published as a Bill for an ~dinance on the 18th day of July, Attest: E>.lgene L. Otls, Mayor ex officio city Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Fhglewood, COlorado, hereby certify that the above and foregoing is a true, accurate and canplete copy of a Bill for an ~dinance, introduced, read in full, and passed on first reading on the 16th day of July, 1984. Gary R. Higbee 4 • I • OROINAOCE 00. SERIES OF 198.-::4--- • • • BY AlJI'HORITY A BILL FOR COUNCIL BILL 00. 27 INTROOOCID BY COUNCIL MFMBER '1 ::> o; .),, , AN ORDINAtCE AOOPI'IN:i THE JOINT ROCREATION AGU:EMENI' BE'IWEEN THE CITY OF EN:iLEl<JOOD, COWRAOO, AND OCHOOL DISTRICT 00. 1, CCXJN'I'Y OF ARAPAHOE, COWRAOO, TO TAKE EFFECT JANUARY 1, 1985. WHEREAS, the City of Dlglewood and School District N:>. 1 have previously entered into an agreement dated February 6, 1984 concerning use and operation of the indoor swinming pool on Englewood School District property; and WHEREAS, due to usage, operation conditions, inflation, and other variable factors, it is necessary to amend the February 6, 1984 agreement; tOV, THEREFORE, BE IT ORDII.INID BY THE CITY COUtCIL OF THE CITY OF EN;LEI<JOOD, COWRAOO, AS ~S: Section 1. City COuncil hereby adopts the Joint lecreation Agreement between the City of Dlglewood, COlorado, and School District N:>. 1, COunty of Arapahoe, COlorado, which agreement is as follows: JOINT ROCREATION AGU:EMENI' THIS AffiEEMENI', made and executed this day of , 1984, by and between the CITY OF ENGLEI<JOOD, a municipal corporation organized and existing pursuant to the provisions of Article XX of the COnstitution of the State of COlorado, hereinafter called "City," and OCHOOL DISTRICT NO. 1, caJNTY OF ARAPAHOE, COWRAOO, a quasi-mmicipal corporation, hereinafter called "District ," WITNESSETH WHEREAS, both parties hereto have been granted authority, by reason of the provisions of COlorado Revised Statutes, to cooperate together in the condoct of a public recreation system in any manner in which they may agree; and WHEREAS, the City, by reason of the provisions of Article XII, Sect i on 120, of its Charter, has authority to cooperate with other publ i c authorities to implement its public recreation program; and 7 0 ' I • • - • • • • WHEREAS, an irrloor swimning pool for the use of student swimning instruction arrl for public use generally has been constructed and is being operated under a cooperative agreenent between the parties dated June '2:7, 1966 on a certain portion of realty owned by the District together with certain other improvenents thereon, the legal description is attached hereto and, by this reference, incorporated herein; and WHEREAS, due to usage, operation conditions, inflation, and other variable factors, it is necessary to amend the February 6, 1984 agreenent. 'Dle parties desire the provisions herein to apply; NCW, THEREFORE, in consideration of the mutual covenants and obligations herein contained, it is mutually covenanted and agreed as follows: 1 . 'Dle irrloor pool, build i ng, and related facilities located at the Ehgle~ High School shall be controlled and supervised by the Ehgle~ School District to provide SWllnmi ng fac i lities for the students of the Di strict. The Di str i ct s hall provide for City use of these swimning fac i lities for the public at large according to the terms hereof. 2. a. The District shall have the first prior right to use of the same for Ehgle~ Public School purposes. b. The District shall have the second prior r i ght to rent these swimning facilities during the days and hours when the Ehgle~ Public Schools are not us i ng the pool for thei r purposes. c. The City shall have, as a th i r d pr iority user, the use of said pool, building and faci liti e s fo r its purposes . It is agreed that once a City use has been scheduled , sa id use s hall not be preanpted for any other use unless agr eed upon by both parties. d. The Ci t y shall canpensate the Di s trict fo r the Ci ty use o f said pool at an ho urly rate i n accordance with the City's policy relating to the recover y of prog ram user fees , whi c h policy is to recover twenty-five percent (25%) of the direct costs for youth programs and one hundred percent (100%) of the direct costs for adult programs. Any dispute arising fran a determination of said canpensation will be referred to the City-School Q:mn ittee for its consideration. e. Billing shall be ma:le quarterly and shall be in sufficient detail to evaluate the corr ectness of the billing . 2 • I • • • • • -· ------· --. ---. -.. ----------- f. It is agreed that for school programs and for Ci ty programs each party ma y establish and collect program f ees wi hout having the responsibility to account to the othe r party. F s established and collected from other than City and District s hall be considered as rental income. g. At times when the City is using the poo l and r e lated facilities, the public may have use of present parking fa c ilit ies north of the !:Mimning Pool building. 'lhe District shall reserv five spaces for City public use of the pool. It will be the responsibility of the City to police the use of such spaces. 3. a. Each party hereto shall employ, compensate and be responsible for its supervisory personnel, such as lifeguards, which shall be employed and utilized during the times tha t party shall have the pool, buildings and related facilities a its disposal. b. It is anticipated the District shall provide and pay for sufficient qualified maintenance personnel to properly maintain the faci 1 i ties throughout the year. However, the City, with District's approval and during the time of City's use of pool, may provide all or part of the pool maintenance due to problem of District providing satisfactory maintenance during school vaca- tions, weekends and holidays. Any costs incurred by the City for maintenance will be deducted from the hourly rate in paragraph 2. 4~--Eeeh-of-t~-pertres-hereto-agrees-to-obtatn-~-r~~~p .i.f!-ieHe-sliefl-kasa!'Ei-aFIEl-lt-ee!-H~y-~r~-±n-!raffrc!-entcrnocnt ~-~a~l-y--p~~~-~~l-;-et2Hd~-m'ld-ret<!rted-t--=rrttres;aswell-as-M--flt'e~~-~-~r~~-£ron~-ehr±ms-of-any-t:trh"d-patty:- 4. 'llie City and 'Ihe School District each agree to maintain separate policies of canprehensive public liability insurance that cover and aH=>ly to the premises in the arrount of not less than $300,000 per injury or death to any one person in any one accident or occurrence, or in an arrount less than $500, 000 for injury or death of nnre than one person in any one accident or occurrence. SUch limits are as to each separate policy, and such insurance and each such policy shall be for and in favor of the City and the School District and shall further insure the parties against liability for property damage of not less than $50, 000 for each separate policy. Each said policy shall be primary policies, not contrib.Jting \-lith, nor in excess of, the coverage that the other party may carry. s. Should any dispute arise between the parties or their successors involving the interpretation, or application of thi s Agreement, or 1nvolving the relationship of the parties hereto in the use of the recreational facilities hereby envisioned (wh t he r specifically covered by the terms and provisions hereof or no t ), it is agreed that any such dispute shall be submitted for a fina l and binding determination to the joint City-School COmmittee. 6. 'lhis Agreement shall extend and be binding upon any and all successors or assigns of the parties hereto. 'lhis Agreement supersedes all other ag reements mad e between the Distr ict and the City and shall take effect 3attaaty1"1-~;--or-...""'!'rtm"""t1'rrr'M5"w-. eormmr,rt:y Ceiitet"""fll"r becaues OfEtatiollar:-Feb:uarY 1 5 , 198 ?. _'Ih1s Aqreamcnt s u r eed s a ll other a greements r e l a t1nq t o the sw~nq J=OOl . 3 • I • • - • • • • • ----------·-·-· --·-------------- IN WITNESS WHEREOF, the parties have hereto set their hands and seals as of the day and year first above written. Attest: Gary R. Higbee, ex officio City Clerk-Treasurer Attest: Board of Education Secretary CITY <F DG..mOOD, <X>LORAOO s:liOOL DISTRicr 00. 1 ARAPAHOE CXXJNTY, COLORAOO ~------~~~= Pres1dent Board of Education Section 2. City Co~.neil authorizes the Mayor to sign and City Clerk to attest said l!greenent on behalf of the City CoiDCil and the City of Ehglewood. Introduced, read in full, and passed on first reading on the 16th day of July, 1984. 1984. Published as a Bill for an ~dinance on the 18th day of July, Attest: E>..lgene L. Otls, Mayor ex off1c1o City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Ehglewood, Colorado, hereby certify that the above and foregoing is a true, accurate and canplete cow of a Bill for an ~dinance, introduced, read in full, and passed on first reading on the 16th day of July, 1984. Gary R. H1gbee 4 • I • • - • • ORDINA!CE NO. SERIFS OF 198:-:-4--- • • - -·---:...=-----=~ -- BY At.n'HORITY A BILL FOR CXXJN:IL BILL N:>. 28 Im'ROOOCID BY CXXJOCIL H!MBER Weist AN ORDINAlCE APPROVI~ USE AGREfMENI' BE'IWfEN "niE CITY OF ~CXD, COLORADO, AND &:HOOL DISTRICT NO. l, ARAPAHOE CXl.Jm'Y, COLORADO, <:XlOCERNI ~ DlJICAN &:HOOL. WHEREAS, by USer Agreanent dated November 6, 1978, School District No. l, Arapahoe County, Colorado, granted to the City of Englewood use of o.mcan School and surrounding land; and WHEREAS, School District No. l is now desirollS of leasing D.mcan School to another user but allowing use of the surrounding land and the restroams in the Duncan School building to the City of Englewood; and WHEREAS, the City Council is desirollS of securing the use of a portion of the property and restroams thereon; ~. THEREFORE, BE IT ORDAINED BY "niE CITY CXXJOCIL OF 'mE CITY OF DeL~, COLORADO, AS ~S: Section 1. The City Council hereby approves and adopts the followmg USe llgreanent between the City of Englewood, Colorado, and School District No. 1, Arapahoe County, Colorado: USE AGREEMENI' THIS AGRED1ENI' entered into as of the day of 1984 by and between the CITY OF DCLJ:loqCXD, COLORADO, a m-un---.-lC_l,....pa---.-1- corporation organized and existing pursuant to the provisions of Article XX of the Constitution of the State of Colorado, (hereinafter "the City") and &:HOOL DISTRICT NO. 1, ARAPAHOE COUNTY, COLORADO, a quasi-111\.Ilicipal corporation, (hereinafter "School District"); WITNESSETH I. Parties -Binding '!his USe Agreement is intended to be a binding contract by the parties, ~o are School District ttl. 1, Arapahoe Co~r~ty, Colorado, and the City of Englewood, Colorado. II. Intent By this USe Agreaoent, the parties: a. Rescind on August 31, 1984 all prior USe Agreements between the parties that relate in mty fashion to the properties described herein, inclooing rescinding the USe Agreement dated I • • • • • - ...._.,_. ~-·-_;-' --·--------~ --~-=-.-.......:: - --....: -_-:--=----=-~--; ------------- Novanber 6, 1978, executed by Deborah H. Pool representing the School District, and by Mayor James L. Taylor representing the City. b. PrOITide for the City 's use of for-=ece!!!!ne-.-erour.etieeH:y renewehl:e-term!t-ef-ene-tH--yeer the f o llo.vinq de s=ibed . parcel (but n ot the wilding thereon) until Deoel!lber 31, 1993, to Wl.t: Lots 1 thru 9 and Lots 28 thru 36, Block 1, Harpers Slbdivision, known as 4846 South Permsylvania, County of Arapahoe, State of Colorado. c. Provide for the City 's use until I:Ecember 31, 1993 for !!Meee!!!!±ve,-al:1t:m~et:±eaH:y-~-te!'ml!!-ef-one-tit-year of the rest- roans of the D.mcan School, 4846 Sa.lth Penns y lvania, Eng le'MXO, that can be accessed fran a1tside of the building (hereinafter "the Jestrocrns"). III. l'lltual Rescission--Effective Date 'lhe parties, and each of then, hereby voluntarily and mutually rescind all prior USe Agreements between them that relate in any fashion to the properties described herein, including the Use Agreement dated Novanber 6, 1978, executed by Deborah H. Pool representing the School District, and by Mayor James L. Taylor, representing the City. The effective date of said rescission is to be August 31, 1984. As consideration for said rescission, the School District agrees to pay the City the s1m1 of Qle Dollar ($1), which, along with other consideration set forth in this Use Agreement, shall be accepted by the parties as full and adequate consideration. The City hereby acknowledges receipt of the Qle Dollar ($1). 'this mutual rescission is arrived at and agreed upon without duress or threat and is the result of good faith and even-handed negotiation between parties of equal bargaining position. IV. New Agreement -Parcel The parties hereby agree that the City shall have use of the above described parcel of land [but not the building thereon, except the restroom& as hereinafter set forth] alder the teuns of this agreement as follows: a. The City shall use the pranises to deliver camn.mity park and recreation services to the public; b . Said use will be entirely at the City's expense and at no expense to the School District; 2 ( l I • • • • • • ·-.. - -~-=-=---="---'="· : .. --------..::.=---===---=.::..-=-.-.:-. e-.---'l'he--Sehoo l--5i1strietll'll!ly-wi ttrlr1lw "t:he"" pr a•• lses "'trmr""'\El! ~~~~f-th!'S-~-JIIgreenatl Tar11T1Y" tedSOII "WhateVer"""bttt" -onty-uporr-mrlcrtter-gtv±ng-the-ctty-noti~in-wnn-nq--or~ ~-t;A.i-Ky--~30-r-tiays-er;-t~~ere-hefere--t.he-temineti01r ~-the .(;K-yJ-&--u&e--es<--et"~y-r-~~-fterelSnder7-Cit.henli_...thi-s--ttse-Jllgreena JL ~-be-~l-ly-rene-cl anmmHy-'for-fi-tty-~-orcmy -et~~ioli~~ri-bed-by-the-f!trle-"flgainst-'i'erpetuities-;- c. 'Ihe City shall have such use of t he premises until December 31 , 1993. d. 'ftle City shall pay the &In of one dollar ($1) per ann~n for its use p.n:suant to this Use J\greenent, which s~n is payable August 31, 1984, and annually on the same day thereafter. 'ftle School District shall not have any right to teiiiiinate this Use Agreement for failure to pay the annual user fee without first having provided the City with a written raninder that said fee was not paid and providing the City ninety (90) days after due date to make said pa~t. -.-~~-agrees-tu-hot&-tun:mtes!rat~ &!ret~ !:tiE! s:."hOOl District -t'ratr-.st"t-suttsr-act:tons;-~~~~i1W-nr-n'r -equit;y al'i&i-ftcJ-Henl~-itse~i-l!ftY"'"preM~ile't .ferth--i-n--tMs-~ ~reuaeut, e . 'Ihe City and the School District each agree to maintain separate policies of public liability insurance that cover and apply to the premises in the arro.mt of not less than $300,000 per injury or death to any cne person in any one accident or occurrence, or in an amount less than $500,000 for injury or death or more than one person in any one accident or occurrence. Such limites are as to each separate policy, and such insurance and each such policy shall be for and in favor of the City and the School District and shall further insure the parties against liability for property damage of not less than $50, 000 for each separate policy. Each said policy shall be primary policies, not ccmtrih.tting with, nor in excess of, the coverage that the other party may carry. f • 'ftle peii!Iitted use shall be only as is set forth herein ~ ~uch other use as the School District shall approve in wrltlng. 9 • . '!be Ci ~y shall not peii!Ii t the use of the pranises for any o~fens1v~, no1sy, noxious or dangerous activity or any activity that 1s a nu1sance. h • ~ ~ ty is responsible for maintenance of the pranises and for keep1ng .1t safe, cl~an and in safe operating condition. Moreover r the C1 ty shall ma1ntain adjacent sidewalks inclooing the ranoval of snow and ice. ' i. 'ftle City shall not peiiiiit any alterations of the premises without prior written approval from the School District; j • 'ftle City shall pay all license or other governnental fees for the use of the pranilleS • . k • '!be City shall pay all water, electricity and sewer fees, lf any, for the praniaes; 3 • I • - • • • - 1. 'nle City shall use the prenises in canpl iance with all applicable laws; m. 'Ihe City shall take all reasonable precautions to prevent fire danage to the prenises. n. 'Ihe City accepts the pranises AS IS and WI'niOUT WARRAm'Y, EXPREss OR IMPLIED, AS TO CONDITION OF TITLE OR FITNESS FOR ANY PARTICUlAR USE; o. 'Ihe City agrees to keep the prenises free of all liens and claims, or to ranove same within ninety (90) days of learning of their existence. l't>reover, the City agrees to release, indemnify and hold haDnless the School District fran and against any such liens and claims; p. 'Ihe City agrees to surrender the pranises upon termination or cancellation of this USe Agreanent; q. 'Ihe City agrees to maintain a policy of canprehensive public liability insurance that covers and applies to the pranises in the 5nount of not less than "lhree lllndred 'lhousand Dollars ($300,000) per injury or death to one person in any one accident or occurrence, or in an 5nount less than Five tllndred 'lhousand Dollars ($500,000) for injury or death of more than one person in any one accident or occurrence. such insurance shall be for and in favor of the City and the School District and shall further insure the parties against liability for property danage of not less than Fifty 'nlousand Dollars ($50,000). Said policy or policies shall be primary policies, not contributing with, nor in excess of, the coverage that the School District may carry. r. 'Ihe City may cancel this USe Agreanent for any reason whatever but only upon and after giving the School District notice in writing of such intent thirty (30) days or more before the termination of the City's use or any right hereunder. v. New Agreanent -Restroans 'Ihe pa.rties hereby agree that the City shall have the use of the following other pranises under the terms of this USe Agreanent and as hereinafter set forth: 'Ihe Restroans of the nmcan School, 4846 SOuth Pennsylvania, fn]lewood, that can be accessed fran the outside of the building [hereinafter "the Restroans"] Said prani11es and use &hall be subject to the &5lle provisions as are set forth under IV (a) through (r) above, but only as relate to the physical area of the restroans thanselves. IN WI'IWESS WHEREOF, the School District authorizes its entering into this USe Agreanent by the executed signature below, and the City authorizes its entering into this USe Agreanent by the executed signature below, the effective date of this USe Agreanent to be Septanber 1, 1984. Attest: 4 I • - r I I • • • • • Attest: Secretary Board of Biucation &:lKX>L DISTRICT t«>. l, ARAPAHOE CXXJNTY, CXX.ORAOO B¥------------~~~~ Presldent Board of Ek3ucation Section 2. City Council hereby authorizes the Mayor to sign aid the ex officio City Clerk-Treasurer to attest said USe Agreement on behalf of the City of Englewood. Introduced, read in full, and passed on first reading on the ____ day of , 1984. Published as a Bill for an Ordinance on the ___ day of ------· 1984. Eugene L. ot1s, Mayor Attest: ex off1cio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and canplete copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the ___ _ day of , 1984. Gary R. Higbee 5 • I • • - i I I I I • ORDINAOCE NO. SERIES OF 198.-::4--- • • • BY Al1I'HORITY A BILL FOR COOOCIL BILL NO. 28 lm'ROOOCID BY COOOCIL HFMBER Weist AN ORDINAlCE APPROVIM:O USE ~ BE'IWEEN THE CITY CF ~. COLORAOO, At1> 9:HOOL DISTRICT NO. 1, ARAPAHOE ax.JNTY, COLORAOO, CXN:ERNIM:i DlJtCAN s:HOOL • WHEREAS, by USer 11greenent dated Nova:nber 6, 1978, School District No. 1, Arapahoe O>~r~ty, Colorado, granted to the City of Englewood use of runcan School and surrounding land; and WHEREAS, School District No. 1 is now desirous of leasing Duncan School to another user but allowing use of the surrounding land and the restrooms in the Duncan School building to the City of Englewood; and WHEREAS, the City Co~r~eil is desirous of securing the use of a portion of the property and restrooms thereon; NCM, 'mEREFORE, BE IT ~INID BY THE CITY CClJOCIL CF THE CITY CF EK>L~, COLORAOO, AS FOLLOHS: Section 1. 'rtle City Cooocil hereby approves and adopts the following USe 11greement between the City of &lglewood, Colorado, and School District No. 1, Arapahoe O>~.r~ty, Colorado: USE~ THIS ~ entered into as of the day of 1984 by and between the CITY CF ~. a:LORADO, a 111\rl-..-lC_l,....pa----.:1- corporation organized and existing pursuant to the provisions of Article XX of the O>nsti tution of the State of Colorado, [hereinafter "the City") and s::HOOL DISTRICT t«>. 1, ARAPNIOE ClXJNTY, COLORAOO, a quasi-IIU'licipal corporation, [hereinafter "School District"); WITNESSETH I. Parties --Binding 'Ibis Use 11greement is intended to be a binding contract by the parties, Wlo are School District No. 1, Arapahoe O>~r~ty, O>lorado, and the City of &lglewood, O>lorado. 11. Intent By this USe 11greement, the parties: a. Rescind on August 31, 1984 all prior Use 11greements between the parties that relate in any fashion to the properti• described herein, incluHng rucinding the u.e 11greement dated • I • • .j 'I • • • • -·· ;-=-~-----------=~==-__,_,___.,--___ =-c_·_--========= Novanber 6, 1978, executed by Deborah H. Pool representi ng the School District, arXI by Mayor .JIII!IeS L. Taylor representing the City. b . Provide f or the City ' s use of for-mtcee~~m-.-~t:i:Cl!iiy ret~le~-et'le-Ht-year the fo llowinq described . parce l (but not the w ilding thereon) until JJecerrber 31, 1993 , t o \Vlt : Lots 1 thru 9 and Lots 28 thru 36, Block 1, Harpers Slbdivision, known as 4846 South Pennsylvania, Co~nty of Arapahoe, State of COlorado. c . Provide for the Cit y 's use until IEcember 31 , 1 99 3 for :!t!eeel!l!:i:'ll'e-;-et1~t±ea±±y ret.eweble t:e:me o£ l7le fit-year of the r e st- roc:rns of the D.lncan School , 4846 Salth Pennsy lvania, Eng l~, that can be acces sed fran outside of the J:uildinq (hereinafter "the !Estroans") . III . Mutual Rescission--Effective Date 'nle parties, and each of them, hereby voluntarily and mutually rescind all prior use Agreements between them that relate in any fashion to the properties described herein, including the Use Agreement dated November 6, 1978, executed by Deborah H. Pool representing the School District, and by Mayor .James L. Taylor, representing the City. The effective date of said rescission is to be August 31, 1984. As consideration for sai d rescissi on, the School District agrees to pay the City the SliD of Cl'le Dollar ($1), which, along with other consideration set forth in this Use Agreement, shall be accepted by the parties as full and adequate consideration. 'lbe City hereby acknowledges receipt of the Cl'le Dollar ($1). 'ftlis mutual rescission is arrived at arXI agreed upon without duress or threat and is the r esult of good faith arXI ev-handed negotiation between parties o f equal bargain i ng position. IV. New Agreement -Parcel 'lbe parties hereby agree that the City shall have use o f the above described parcel of laOO [but not the building thereon , except the r estrOCIIIS as hereinafter set forth) \0:\er the terms o f this agreement as follo..8: a. 'lbe City shall use the praniaes to deliver ocmn~n i ty par k arXI r ecreation aervices to the public; b. Said use will be entirely at the City' a expense arXI a t no e xpense t o the School Diatrict ; 2 • [ l I • • - • • • • e-.--'ft'te Sehcol::-Mstrict-may-wittdrllw""t:tlll:!"" prantses f'tan .,_. -tinder-~ te!ll'dl~-thi-s~reerert Tor11I1y-Yeascrno~ldteoer "bat" -ortty-uporr"""llr"dl!lft:er""l]iving-the-e±~'t."e"""ilr'WrttlntT"ltt"""lllrl'i ~~-f~ loays._....,_..~ere-~tel!llination -of--the ~-y'+-u&e-~-etty~~4te~;-etbenri-se-this-~ IW;jrearert -shaH-~ e~StemetieeHy rercoed tmrn111HrTorfifty-~-yean;-or-any ~"fJer"ied-net presertbed~e-ilpri:nst-Perpetuities ~ c. 'n1e City shall have such u se of t..l-te pr emis e s until December 31 , 1993. d. 'lhe City shall pay the S\Jtl of one dollar ($1) per ann\Jtl for its use pursuant to thiS 1JSe Agreenent, lokiich S\Jtl is payable August 31, 1984, and annually on the sene day thereafter. 'lhe School District shall not have any r i ght to terminate this use Agreement for failure to pay the annual use: fee without . first having provided the City with a written ranmder that sa1d fee was not paid and providing the City ninety (90) days after due date to make said payment. e-~-~-eity-..grees-ttrhct~tmmdl!S!r at~ &!f'et~ ~~ District "fiarr~-satts;-acttons-; &mat~& -orrt111ltm"lre"iW""M"-n"i ~-aH&~-Hent~....-e-e£-eftY""Pftllli-~~~~-ese ~reeruaat, e . 'Ihe City and the SChool District each agree to naintain separate policie s of pililic liability insurance that c011er and apply to the premises in the amount of not less than $300,000 per inj ury o r death to any ooe person in any o ne accident or occurrence, or in an amount less than $500,000 for injury or death or !IDre than one person in any one accident or occurrence. Such limites are as to each separate policy, and such insurance and each such policy shall be f o r and in favor of the City and the SChool District and shall further insure the parties a g ainst liability for property damage of not less than $50, 000 for each separate policy. Each said policy shall be prinary policies, not contr~ting with, nor in excess of, the CCNerage that the other party nay carry . f. 'lhe permi tted use shall be onl y as is set forth herein ~ ~uch other u se as the School District shall approve in wr1t1ng. g •. 'lhe Ci~y shall _not permit the use o f the pranises for any o~fens1v~, ncnsy, nox1ous or dangerous activity or any activity that 1s a nu1sance. h. ~ ~ty is responsible for maintenance of the pranises and for keep1ng . 1 t safe, cl~an and in safe operating concH tion. l't:>reover, the C1ty shall mamtain adjacent sidewalks inclooing the ranoval of snow and ice. ' . i • . 'lhe Ci ty shall not pemli t any alterations of the pran1ses w1thout prior written approval fran the SChool District; j • 'lhe City shall pay all license or other goverrmental fees for the use of the pranises; . k. 'lhe City shall pay all water, electricity and sewer fees, 1f any, for the pranises; 3 • r I • • • • • • 1. '1he City shall use the pranises in canpliance with all applicable laws; m. '1he City shall take all reasonable precautions to prevent fire danage to the pranises. n. '1he City accepts the pranises AS IS and wrmcxrr WARRANI'Y, EXPRESS OR IMPLIED, AS ro CXlNDITION OF TITLE OR FITNESS FOR ANY PARTICUIAR USE; o. '1he City agrees to keep the pranises free of all liens and claims, or to ranove same within ninety (90) days of learning of their existence. Moreover, the City agrees to release, indannify and hold harmless the School District fran and against any such liens and claims; p. '1he City agrees to surrender the pranises upon termination or cancellation of this Use l!greanent; q. '1he City agrees to maintain a policy of canprehensive public liability insurance that covers and applies to the pranises in the amo~t of not less than 'ftlree Jt.mdred 'ftlousand Dollars ($300,000) per injury or death to one person in any one accident or occurrence, or in an anount less than Five Jt.mdred 'ftlousand Dollars ($500,000) for injury or death of more than one person in any one accident or occurrence. such insurance shall be for and in favor of the City and the School District and shall further insure the parties against liability for property damage of not less than Fifty 'lhousand Dollars ($50,000). Said policy or policies shall be primary policies, not contributing with, nor in excess of, the coverage that the School District may carry. r. '1he City may cancel this Use l!greanent for any reason whatever but only upon and after giving the School District notice in writing of such intent thirty (30) days or more before the termination of the City's use or any right hereunder. v. New l!greanent -Restroans '1he parties hereby agree that the City shall have the use of the following other pranises under the terms of this Use l!greanent and as hereinafter set forth: '1he Restroans of the Duncan School, 4846 SOuth Pennsylvania, En;Jlewood, that can be accessed fran the outside of the building [hereinafter "the Restroans"] Said pranises and use shall be subject to the same provisions as are set forth under IV (a) through (r) above, but only as relate to the physical area of the restroans thEmselves. IN wrmESS WHERFXF, the School District authorizes its entering into this USe Agraanent by the executed signature below, and the City authorizes its entering into this USe l!greenent by the executed signature below, the effective date of this USe Agreement to be september 1, 1984. CITY OF DG:.JI«XX>, ClLORADO Attest: • r l I • • - 'I .I :I ; ' ! I ,. I : i : ! t ' I :., I I I f ' t' i I lj • r Attest: • • • -----------------------~- s::HOOL DISTRICT NO. 1, ARAPAHOE CXXJNTY, COLORAOO By ______________ ~--~~ Pres1dent Board of B3ocation Board of !docation Secretary Section 2. City Co~meil hereby authorizes the Mayor to sign aro the ex officio City Clerk-Treasurer to attest said Use Agreement on behalf of the City of !hglewood. Introduced, read in full, aro passed on first reading on the ____ day of , 1984. Published as a Bill for an Ordinance on the day of , 1984. ------------- Attest: Eugene L. Otls, Mayor ex officio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of !hglewood, Colorado, hereby certify that the above ard foregoing is a true, accurate ard canplete copy of a Bill for an Ordinance, introduced, read in full, ard passed on first reading on the day of , 1984. ------ Gary R. Higbee 5 ----~--~--------------- • I • • t , r I ~-.-- • • • • INMCE NO. BY AtmtoRITY SER ES OF 198'74 __ _ A BILL FOR COOOCIL BILL ,NQ. 28 Im'ROOUCID Y COOOCIL Pm1BER C( . "-t APPROVI~ USE A~ BE'IWEEN mE C AN:> OCHOOL DISTRICT NO. 1, ARAPAHOE !lUtCAN OCHOOL. WHERl::A$, by User llgreement dated Nov 6, 1978, School District No. , Arapahoe County, Colorado, g nted to the City of &'lglewood use f ~an School and surround· land; and WHEREAS, ool District No. 1 is ~an School to a ther user but allowi land and the restr s in the ~an Sc &'lglewood; and desirous of leasing use of the surrounding 1 building to the City of WHEREAS, the Cit Coi.Ileil is a portion of the ~opert and restr sirous of securing the use of s thereon; Sect ion 1. '!be City Cc:x.n:i following use llgreanent be and School District No. 1, Ar BY mE CITY COOOCIL (F mE reby approves and adopts the the City of &'lglewood, Colorado, County, Colorado: 'ftfiS ~ entered into as f the day of 1984 by and be the CITY cr --~....,, COLORADO, a ~n~r~=Tic::-lr-:•pay:-:.- oorpontion org~i-.c! a.! existing pura t to the ~ovisions of Article XX of the Qlnatitution of the of Colorado, [hereinafter •tne Cit('] -.:! s:ltOOL DISTR NO. 1, ARAPAHoE CXXJNTY, CXlLORAOO, a ~i-IIUlicipal corpora ion, [hereinafter •School District•]; Wl'l'NESSE'ftf I. Parties -Binding 'this Use llgreanent is intended to be a bind1 the parties, Wlo are School District No. 1, Arapahoe Colorado, and the City of Ehglewood, Colorado. II.~ By tfis Use llgreanent, the parties: a. 'Rescind on August 31, 1984 all prior use llgreementa between the parties that relate in any fashion to the properti• described herein, including rescinding the Ulle llgr._...t dated -----------------------------· • I • I I i 'I • • • • Novanber 6, 1978, executed by Deborah H. Pool representi!'M3 the School District, and by Mayor Jl!llles L. Taylor representi!'M3 the _ . L J. City. tlA, ~ IJLl'r"-"'·-(\ cte~ {ru_..\., L.-c l • )u--( b. Provide for the City's use (lfor successive, autanatically ~(.J-t.u; 7 renewable tems of one (1) year the followi!'M3 described parcel [but .A.<"' not the buildi!'M3 thereon], to wit: t2-·31 43 Lots 1 thru 9 and Lots 28 thru 36, Block 1, Harpers awdivision, known as 4846 South Pennsylvania, County of Arapahoe, State of Colorado. I I ,q ~ tJ.-'"1--tt. ("J.' c. Provide for the City's use(\fiQ&: suocessi"a, autemat:ieally I"EMle!flhle tems of ene (1) ya;tl' of the restroans of the ~an School, 4846 South Pennsylvania, Englewood, that can be accessed fran outside of the buildi!'M3 [hereinafter "the Restroans"]. III. Mutual Rescission--Effective Date 'lbe parties, and each of them, hereby voluntarily and mutually rescind all prior Use Agreements between them that relate in any fashion to the properties described herein, includi!'M3 the Use Agreement dated Novanber 6, 1978, executed by Deborah H. Pool representi!'M3 the School District, and by Mayor James L. Taylor, representi!'M3 the City. 'lbe effective date of said rescission is to be August 31, 1984. As consideration for said rescission, the School District agrees to pay the City the s1111 of Qle Dollar ($1), 1otlich, alon;J with other consideration set forth in this Use Agreement, shall be accepted by the parties as full and ~te consideration. 'lbe City hereby acknowledges receipt of the Q1e Dollar ($1). 'Ibis mutual rescission is arrived at and agreed upon without duress or threat and is the result of good faith and ev~handed negotiation between parties of equal bargaini!'M3 position. IV. New Agreement -Parcel 'lbe parties hereby agree that the City shall have use of the above described parcel of land [but not the buildi!'M3 thereon, except the restroans as hereinafter set forth] l:llder the tems of this agreement as follows: a. 'lbe City shall use the premises to deliver oanmun ity park and recreation services to the public; b. Said use will be entirely at the City's expense and at no expense to the School District; 2 • r l I • • I I I . I • • • • flu c(_ 1( k.(Lcj )J.u_. / t '---t-c v-. -L ? 1 2 /.) I [{ 3 c. 'lbe School Jflstrict J!!jlY withdraw the prenises fran use under the tepu; of this USe Agnanent for any reason whatever but only upon 111'¥3 af~r giving ~ City,.notice 0 writing of such intent thirty (30 days or )Do~e fore teDJiinatiOI) of the City's use or an right here ; othe wise this ~ Agreement shall be autana ically renewed uall for/fifty (SO}.._:years or any other period not proscribed by the RJle Against Perpetuities. d. 'lbe City shall pay the smt of one dollar ($1) per annmt for its use pursuant to this USe Agreement, M\ich Smt is payable Jwgust 31, 1984, 111'¥3 annually on the SI!IIIE! day thereafter. 'lbe SChool District shall not have any right to teminate this USe llgreanent for failure to pay the annual user fee without first having provided the City with a written reninder that said fee was not paid 111'¥3 providing the City ninety (90) days after due date to make said payment. e. 'lbe Distrirt fran equ~~~:~ 0 III;Jr~ f. 'lbe pemitted use shall be only as is set forth herein and such other use as the School District shall approve in writing. g. 'lbe City shall not pemit the use of the prenises for any offensive, noisy, noxious or dangerous activity or any activity that is a nuisance. h. 'lbe City is responsible for maintenance of the prenises and for keeping it safe, clean and in safe operating condition. Moreover, the City shall maintain adjacent sidewalks, incliDing the rEIIIOVal of snow and ice. i. 'lbe City shall not peDDit any alterations of the prenises without prior written approval fran the School District; j • 'lbe City shall pay all license or other goverrmental fees for the use of the pranises; k. 'lbe City shall pay all water, electricity and sewer fees, if any, for the praniaes; 1. 'lbe City shall Ulle the prenises in CQ'IIpliance with all applicable laws; m. 'lbe City shall take all reasonable precautions to prevent fire d~~~~age to the preiaes. n. 'lbe City ~ the preilleS AS IS and WI'niCX11' ~. EXPRESS OR IMPLII!D, AS TO CXH>ITIOtl Cl!' TI'lt.E OR FITNESS ~ ANr PARTICUlAR USE; 3 • I • • - • • • • o. 'lhe City agrees to keep the pranises free of all liens and claims, or to ranove same within ninety (90) days of learning of their existence. l't:>reover, the City agrees to release, indemnify and hold hannless the School District fran and against any such liens and claims; p. 'lhe City agrees to surrender the pranises upon ter:mination or cancellation of this Use Agreanent; q. 'lhe City agrees to maintain a policy of canprehensive public liability insurance that covers and applies to the pranises in the ano\Xlt of not less than "lhree amdred 'lhousand Dollars ($300,000) per injury or death to one person in any one accident or occurrence, or in an anount less than Five amdred 'lhousand Dollars ($500,000) for injury or death of more than one person in any one accident or occurrence. such insurance shall be for and in favor of the City and the School District and shall further insure the parties against liability for property damage of not less than Fifty 'lhousand Dollars ($50,000). Said policy or policies shall be primary policies, not contributing with, nor in excess of, the coverage that the School District may carry. r. 'lhe City may cancel this use Agreanent for any reason whatever but only upon and after giving the School District notice in writing of such intent thirty (30) days or more before the ter:mination of the City's use or any right hereunder. v. New Agreanent -Restroans The parties hereby agree that the City shall have the use of the following other pranises under the teiJDS of this USe Agreanent and as hereinafter set forth: The Aestroans of the I:Ulcan School, 4846 South Pennsylvania, Englewood, that can be accessed fran the outside of the building [hereinafter "the Aestroans"] Said praniaes and use shall be subject to the same provisions as are set forth under IV (a) through (r) above, but only as relate to the physical area of the restroans themselves. IN wrna:ss WHER!XlF, the 9:::hool District authorbes its entering into this U&e Agreement by the executed signature below, and the City authorizes its entering into this use Agreement by the executed signature below, the effective date of this use Agrecaent to be September 1, 1984. Attest: CITlr <F I!H>LJ!WOOD, CXLORADO Bf~~--~~r-~-----&Jgene L. otia, Mayor • r I • • r • • • • -·-------------------------- Attest: Secretary Board of Biucation SCHOOL DISTRICT 00. 1, ARAPAHOE COUNTY, COLORADO ~------------~==~~ Pres1dent Board of 8:3ucation Section 2. City Council hereby authorizes the Mayor to sign and the ex officio City Clerk-Treasurer to attest said USe Agreement on behalf of the City of Ehglewood. Introduced, read in full, and passed on first reading on the ____ day of , 1984. Published as a Bill for an Ordinance on the ___ day of -----· 1984. Attest: Eugene L. 0t1s, Mayor ex officio d ty Cliik-'l'reuurer I, Gary R. Higbee, a officio City Clerk-Treasurer of the City of Englewood, Colorado, herey certify that the above end foregoing is a true, .:curate and CCIIplcte OOVi of a Bill for .n ordinance, introduced, read in full, and puMd on firat reading on the day of , 1984. ---- Gary R. Higbee 5 • I • • - • • ORDINAOCE 00. SERIES <F 198'-::4--- • • • BY AlJI'HORITY A BILL FOR COU!CIL BILL 00. 21 I~ BY CXX.JlCIL Mtl1BER /'J1--IJ->.--"' AN ORDINMCE AHFNH!«i TITLE VIII, OiAPI'ER 1, SEX:'!' ION 2, OF 'niE EHiLEWOOO HlNICIPAL CXX>E '69, AS AHfN>ED, R&iARDING EN:;L~OOO PUBLIC LIBRARY AI::w!SORY BOMD. WHEREAS, the requirEIIIE!llt for the Public Library .Advisory Board to convene and select officers on the first '1\Jesday of February each year has caused problems since new manbers may not yet have been appointed to fill teens expiring on February 1; lUi, "nfEREFCIU: BE IT OR!lt\INFD BY 'niE CITY COU!CIL CF 'niE CITY CF ~. COLORAOO, AS ~S: Section 1. '!be City Co~.neil hereby ctnends Title VIII, Olapter 1, Sect1on 2, of the EHC '69, as amended, to read as follows: 8-1-2: ORG\NIZATION AND MEETIN:;S IItie Pli8He ~¥ &NH &RaU 88AVE!AE! 8R ~ Ht:IH: ~il.ily y ~-¥ ef eaeR ~· y ~-aM y ~~ Officers-; '!be PUBLIC LIBRARY Board shall .Hee convene at least once in each calendar month for the transaction of such business as may regularly cane before it. A record of each meeting shall be kept and placed in the office of the City Clerk for public inspection. All regular meetings of the Board shall be open to the public. Introduced, read in full, and passed on first reading on the 16th day of July, 1984. 1984. Published as a Bill for an Ordinance on the 18th day of July, &.!gene L. Otis, Mayor Attest: ex off1c1o C1ty Clerk-Treasurer • 7 F I • • • ( • • • • I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of ED]lewod, COlorado, hereby certify that the above and foregoing is a true, accurate and canplete copy of a Bill for an Ordinance, introdu:::ed, read in full, and passed on first reading on the 16th day of July, 1984. Gary R. Higbee • I • • ( . • • • • BY AlJI'HORITY ORDINAOCE 00. SERIES <F 198.-:4--- A BILL FOR COUNCIL BILL 00. 21 Im'ROI:XX::ID BY COUNCIL ~ER~----------- AN ORDINAOCE AHEN>IOO TITLE VIII, CliAPI'ER 1, S~ION 2, OF THE E2CI.Dl000 MWICIPAL CXJDE '69, AS AHFHJED, REGARDING Etlii.DlOOD PUBLIC LIBRARY AINISORY BOMD. WHEREAS, the requiranent for the PUblic Library 1\dvisory Board to convene and select officers on the first TUesday of February each year has caused problans since new members may not yet have been appointed to fill teens expiring on February 1; t«:W, 'lltEREFORE BE IT ORDI'\INFD BY THE CITY CCXJOCIL <F THE CITY CF EXil.DlOOD, COLORAOO, AS ~S: Section 1. 'lbe City Co\n::il hereby amends Title VIII, Olapter 1, Sectlon 2, of the EMC '69, as amended, to read as follows: 8-1-2: ORG\NIZATION AND Hml'UCS ~ ~~~~W,4e W.en•y &MM &RaU aeRo eRe eR ~ HE~ 'l'tle8'1111y M ~EY ef 8it8A yea. t.e N4JitM-itR'II ~ ~€ !1fftcenr. 'lbe PUBLIC LIBRARY Board shall tie9 convene at least once in each calendar month for the transaction of such business as may regularly cane before it. A record of each meeting shall be kept and placed in the office of the City Clerk for public inspection. All regular meetings of the Board shall be open to the public. Introdoced, read in full, and passed on first reading on the 16th day of July, 1984. Published as a Bill for an ~dinance on the 18th day of July, 1984. D.lgene L. Oti s, Mayor Attest: ex officio City Clerk-Treasurer • I • • • • • • I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of nx.Jlewood, Colorado, hereby certify that the above and foregoing is a true, accurate and canplete copy of a Bill for an ordinance, introduced, read in full, and passed on first reading on tile 16th day of July, 1984. Gary R. Higbee • I . - • • • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE July 12, 1984 AGENDA ITEM 8 (a) SUBJECT Dartmouth Industrial Park Planned Development INITIATED BY City Manager's Office ACTION PROPOSED ____ ~P~o~s~t~p~o~n~e~m~e~n~t~o~f~p~l~a~n~n~e~d~~d~e~v~e~l~o~p~m~e~n~t=-~p~r~o£p~o~s~a~l~----- BACKGROUND Attached please find a memorandum from the Director of Utilities Fonda explaining the status of the Welbourne sub- division application. As indicated in this memorandum, we have not yet fully resolved the issue. For this reason, it is our recommendation that this item be postponed until the Director of Utilities and the City Attorney are able to resolve the payment issue. RECOMMENDATION That the Dartmouth Industrial Park Planned De velopment proposal be postponed until the issue of the waste water tap is resolved. • I • • - ( • ( • TO: FROM: SUBJECT: DATE: • • • MEMORANDUM Pete V;:g~jf ~sist~t City Manager Stewarf)K~~~ of Utilities Welbourne Subdivision Application July 11, 1984 The City Council postponed their approval of Welbourne's application when the Denver Wastewater Division reported that they were not providing service to the Welbourne Industrial Park. Last week Mr. Welbourne produced a copy of an approved sewer construction permit signed by the Denver Wastewater Division in 1973. It now appears that the majority of the error rests with Denver, although they are still presenting a claim for payment. I will be working with our City Attorney, Jack Olsen, to arrange payment by Welbourne and receive assurance from Denver Wastewater that this is their final claim under our old contract for services rendered prior to January 1, 1984. I will also be working with Denver Metro to include the Welbourne property in our current contract with them and define the future respective roles and responsibilities of Welbourne, the City of Englewood and Denver Metro. Since this is not a typical case, it may take time to work out these details and I would recommend that until they are finalized that Council indefinitely table action on Mr. Welbourne's request . • I • • ·I I ( • • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE AGENDA ITEM July 10, 1984 <6b SUBJECT Agreement between City of Engle- wood and First Interstate Bank of Englewood ~. D • .t. n. - INITIATED BY Assistant City Manaier for Economic Deyelopment AC Tl ON PROPOS ED __ ..£AuP!.!.D!.!r~ouv~e~t..~Jhu;e'--l:R.se<.l!v""i-"s"'e'-l!d'-'lA~i.l.r.s;e:s;el!lm:s;e11n.~o.t-a.un.lld-"'Da.ia.r.~:.el.i.cJ.t_Si!.tl..a;u.ff._tllo~----- Implement L9an Program BACKGROUND: In July, 1983, the City and First Interstate Bank entered into an Agreement to offer a low-interest loan program to businesses on South Broadway to renovate the facade of their buildings. The City received a $150,000 Community Development Block Grant from the State of Colorado for this purpose, and deposited the funds in an interest- bearing money market account at First Interstate Bank. In return, the Bank committed $500,000 to the program. The City funds were made available to the business at 0% interest for a loan up to $5,000. All funds above that amount would carry a 12% interest rate. Since the program began, only three loans have been made, even though almost 20 businesses have participated in the design program. A total of $32,000 has been loaned to businesses. The renovation work which has been completed looks quite nice (Dr. Clark's three businesses and John Maxwell's store in the 3300 block of South Broadway). We expect the renovation of Ted Vasilas's property (3476-80 South Broadway) to begin shortly. It has been difficult to convince other property owners or merchants to participate in the program at this point. The State has informed me that the funds must be committed by this Fall, or they may be jeopardized. There is another use for the funds which has been approved by the State, and it would be very beneficial to existing businesses. I am proposing that $50,000 remain in the existing Broadway Program, and the balance, $87,445.71, be made available for larger loans to businesses in Downtown Englewood who are moving as a result of the Downtown Redevelopment Program. The highest priority for the funds would be for businesses who are relocating into another building within the Downtown Redevelopment District. The funds could only be used for renovation of a building, and the loan size would depend upon the extent of work required. The interest rate would be 0% and the re- payment terms would also depend upon the amount of the loan. The second priority would be for businesses who are relocating out of the Downtown Redevelopment District, but will remain in Englewood. No funds would be made avail- able to businesses moving out of the City. State representatives were very favorable to the use of these funds for the renovation • I • • - • ( ( \ • • • of the old Jewelry Mart or the old Safeway Store. It is very possible that a loan ' would be made to the Jewelry Mart even though the Safeway Store is less likely. The loans would be processed by the staff with the existing loan review committee still involved with the review. This committee is composed of a representative of the City (Susan Powers), EDDA (Rachel Owens), and First Interstate Bank (Tom Dinkel). The architectural services of Ron Abo would be offered to prospective participants. RECOMMENDATION: 1. The City enter into the attached Agreement with First Interstate Bank of Englewood. 2. The City Council authorize the staff to commit the balance of the Community Development Block Grant to a more general loan program to benefit businesses relocating as a · result of the Downtown Redevelopment. SUGGESTED ACTION: MOVED BY SECOND YES NO ABSENT • • I • • I • • • - AGREEMENT THIS AGREEMENT, made this day of --------------• 1983 by and between the CITY OF ENGLEWOOD, COLORADO, herein called "City", and the FIRST -INTERSTATE BANK OF ·-ENGLEWOOD, "N.A~,·herei ·n called the "Bank"; WITNESSETH WHEREAS, the City has received a $50,000 Community Development Block Grant (CDBG) from the State of Colorado; and WHEREAS, the purpose of this Grant is to promote economic stabilization in downtown Englewood; and WHEREAS, one method to stabilize and promote the downtown is to improve the appearance of the store fronts; and WHEREAS, specific Design Guidelines for South Broadway facade renovation have been prepared; and WHEREAS, the CDBG funds may be used as part of an overall low-interest loan program for facade renovation; and WHEREAS, several local lending institutions have made financial commitments to participate in this loan program; and WHEREAS, the Bank has volunteered to act as the lead bank for a joint loan program; NOW, THEREFORE, the parties hereto agree as follows: 1. Bank and City jointly agree to carry out the requirements of that contract between the Departaent of Local ~faira and the City of Englewood, CDBG Application Mo. 83-058, and attach hereto and incorporated herein by reference aa Exhibit 1 • • I • • • • • • • 2. City shall deposit $50,000 in a Market Interest Account at First Interstate Bank of Englewood. The account shall be in the name of the City of Englewood and the City shall be entitled to all interest earned thereon. From time to time, the City may draw upon said funds to carry out the purposes of the agreement. 3. There is hereby established a loan committee of three persons. The members of said Committee shall be appointed as follows: one by the City, one by the Bank, and one by the Englewood Downtown Development Authority. Should a position on the Committee be vacant for thirty (30) days, the remaining members or member may appoint a person or persons to fill the position or positions vacant in accordance with Exhibit 1. 4. The Bank commits up to $po.ooo.oo for the purposes herein set forth. The sum shall be loaned to qualified borrowers as determined by loan committee and meeting the Bank's minimum qualifications in the 3200 -3500 Blocks of South Broadway. The Bank may, as part of the -$170,000, enter into agreements with other banks for said sum. However, the Bank shall not assign its responsibilities hereunder to another bank. 5. Loans shall be made subject to the following terms and conditions: a. No i nterest rate shall be charged on the first $5,000 of any loan which will be the first $5,000 provided by the City of Englewood. The interest rate on the sums in excess of $5,000 shall be \. Any loan approved within the first twelve month period from the date of this agreement shall carry a _____ , interest rate. 2 • I • • • • • • After one year, the rate of interest is subject to renegotiation. Failure to agree on the new rate shall terminate this agreement. b. The Bank may charge the following Loan Origination Fees: $1,000 -5,000 $5,001 -10,000 $10,001 -15,000 $15,001 -22,000 1.75' 1.5, l. 25\ 1.0\ c. The Bank may charge the following Monthly Service Fees: $1,000 -5,000 $5,001 -10,000 $10,001 -15,000 $15,001 -22,000 $8 per month $6 per month $4 per month $0 d. The Bank may charge a late payment fee of 4' of payment amount. e. Minimum monthly payment shall be $100. f. Minimum loan amount -$1,000. Maximum loan amount -$22,000. g. Maximum payback period is 10 years. h. Such other lending policies and procedures as may be approved by the loan committee to carry out the purpose hereof. 6. Management of Loans: a. Bank shall provide all loan services and shall establish the process for billing participating lending institutions and the City for their respective share of the loan. 3 • I • • - ( • • • • • b. The Bank ahall not release funds without the written approval of the City that the project conforms to the Broadway Design Guidelines, a copy of which is attached hereto as Exhibit 2 and incorporated herein by reference. c. Bank agrees to make periodic · progress inspect·ions · during construction. d. Bank agrees to provide monthly reports to the City of the status of all loans involving funds of the City for this program and such other information as is necessary to comply with Grant requirements. In case of default on a loan after payment of direct collection expenses, Bank and City shall receive proceeds of a loan on a pro rata basis to each party's contribution to the original loan. Upon payment of any instalment to the Bank or its agent, the Bank shall promptly pay the City its pro rata share of the sum received by the Bank. e. Other lending policies and procedures may be developed by the loan committee. f. No provision shall be waived that would reduce the aecurity of the loan without approval of the loan review committee. 7. City'a responsibi lities: a. The City &hall contribute up to $5,000 for any loan made to a qualified borrower as determined using Bank's normal borrowing policy upon approval of Bank and loan committee establiahed hereby. City •hall pay to the Bank the amount due on any loan. • • I • • ( • • • • b. The City, in working with EDDA, agrees to promote the Broadway Commercial Rehabilitation Program and to assist interested persons through the application process. c. City shall oversee the bidding process for work to be done pursuant to the Grant. 8. No property in the 3200 through 3500 Blocks of South Broadway is eligible to receive more than $5,000 from the funds provided by the City of Englewood. 9. The 3200 -3500 Blocks of South Broadway are more fully described in attached Exhibit 3. 10. The commitment of City funds must start within 45 days of the execution of this Agreement. Should use of the deposited funds not start within 45 days, the City may be required by the State of Colorado to return all or part of the deposited funds to the letter of credit. 11. This Agreement may be terminated upon any of the follow- ing conditions: a. All funds have been committed to loans; or b. The State of Colorado notifies the City to return those funds which have not been committed to loans; or c. The City terminates the Broadway Commercial Rehabilitation Program as to funds which have not been co.mitted to loans; or 5 • I • - ( • • ( • • • • ~. Upon mutual agreement of the City and the Bank. The termination will be effected by written notice to the parties at least 30 ~ays in advance of the termination ~ate. Attest: Gary R. Higbee, D1rector of Finance, ex officio City Clerk Treasurer Attest: Title: ' • CIT! OF ENGLEWOOD, CCO[;l)RADO ~-- By __ ~~~~~~~~~~~~ Eugene L. Otis, Mayor FIRST INTERSTATE BANK OF ENGLEWOOD, N.A. By ______________________ __ Title: I • • - ( • RESOLUTION NO. c~(r SERIES OF 1984 ----- • • • A RESOLUTION AMENDING THE 1984 GENERAL FUND BUDGET AND ES- TABLISHING THE POSITIONS OF ADMINISTRATIVE ASSISTANT IN THE CITY MANAGER'S OFFICE, A PERMIT TECHNICIAN IN THE CODE ENFORCEMENT DIVISION OF THE COMMUNITY DEVELOPMENT DEPARTMENT, AND ENGINEER IN THE ENGINEERING SERVICES DEPARTMENT. WHEREAS, the City Council of the City of Englewood has approved a 1984 General Fund Budget; and WHEREAS, the Englewood Downtown Redevelopment Project has become a top priority; and WHEREAS, said Redevelopment Project has generated an increased workload for the current staff, and WHEREAS, the City Council of the City of Englewood has reviewed a reorganization plan of existing staff and a request for the above-mentioned positions ~rom the City Managerj~ ~ ~ ..lA)W. rU-l ~ oJ:, ~ ~-1 tJ.u ~ j ~ ) WHEREAS, the City Council of the City of Englewood has approved the reorganization plan and the request for the additional positions; , t.. _ J? . . . . ~. L;;L. ~ ~~ ~ t:l.uu....~-o ..... ~ NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL ~ OF THE CITY OF ENGLEWOOD, COLORADO, as follows: t Section 1. The following appropriat i on is hereby made in t h e Gener al Fund. So u rce of Funds General Fund Ba l a n ce Ap p ropr ia t i on o f Funds City Ma n ager 's Office Community Development Department Total Sect i on 2. $23,082 $12 ,1 40 10,942 $23 ,082 The following appropriation is hereby made in the Public Improvement Fund. Source of Funds Public Improvement Fund Balance Appropriatio n of Fu n ds General Fund Balance • $16 ,525 $16 ,525 I • • - • • • • -2- Section 3. The following appropriation is hereby made in the General Fund. Source of Funds General Fund Balance $16,525 Application of Funds Engineering Service Department $16,525 Section 4. The City Manager and Director of Finance are hereby authorized to make the above changes to the 1984 budget of the City of Englewood. ADOPTED AND APPROVED THIS -----day of ----------' 1984. Mayor ATTEST: ex officio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, do hereby certify that the above and foregoing is a true, accurate and complete copy of Resolution No. _____ , Series of 1984. Gary R. Higbee • I • •