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Home My WebLink About1984-08-06 (Regular) Meeting Agenda• • • 0 City Council Meeting -Regular August 6, 1984 • • • - • - 0 0 • I . • • • • • • -> - AGENDA I TEM ----PRESENTED BY ------ (' a_{i if)~~/ (Y_-;e~ \::._..1 )L. 't \ l' tJ.._ u t-/-..__/ ~' fJ; ~r AJ ~~()/¥~ @Jh {(__, \J (' , Jo -w---'--'(-J ;? If)~ {< •'-v u {_;Jv-- ~ ra 1 {)~ (f t'1i 1.-4 RO LL CALL Hoved Seconded Ayes Nay Absent Abstain Hlgday Neal Vobe1da Weist Bllo Bradshaw Otis MOTION: I . . • • • - • • 6 --- AGENDA ITEM -~;i_?Z---__ __ PRESENTED BY --------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain Higdav v Neal 1/ Vobe1da /• Weist v Bllo v Bradshaw l / Otis l -"' MOTION : I • • • • • - • • AGENDA ITEM /~r-- PRESENTED BY -------- ROLL CALL Moved Seconded HlgCiay ,__ Neal I Vobe1da I Weist I v Bllo I v Bradshaw I Otis I MCYl'ION: • I • • • - • • rz6 -h --- AGENDA ITEM :Ia , PRESENTED BY ------ ROLL CALL Moved Seconded Hladav Neal Vobeida We-Ist Bllo Bradsh- Otis MOTION : • I . . • • • :::::....> 6 AGENDA ITEM d h . ~~ ?c r .Q--J.--u)!pu' ~ .. \...:-z:::.'L.-0 --f .~t-e_c;( 1 _,U_ fL tLLu ~A.IJ.'-<J Moved Seconded v HTQifay ""' Neal Vobe,da Weist Bllo Bradshaw Otis MO<lONo r 1 • • • PRESENTED BY ------ ~ fi-u.l'Y""'J c"t- /?Pz t-t <.-1..4--~,_J 6 0~ ROLL CALL Ayes Nay Absent Ab t I s a n ' I I I l \ \ I . • • • • • • AGENDA ITEM PRESENTED BY -------- ROLL CAL L Hoved Seconded Ayes Nay Absent Abstain "\ Hlgday I " Neal I Vob e1 d a I Weist I ~ Bi lo I Bradshaw I Otis \. ' MOTION: (! 18 :ti 3 $ -d-)1l ~ /,_, tTY'--' . ('-2 .) J • I • • - • • -> z< -- AG ENDA ITEM _~_J__:_ __ P RESENTED BY --------- ROLL CALL Hoved Seconded Ayes Nay Absent Abstain Hlgday Neal Vobe1da Weist Bllo Bradshaw Otis MOTION: I • • • • • • • -> - AGENDA ITEM ~-PRE SENTE D BY -------- ROLL CALL Hoved Seconded Ayes Nay Absent Abstain ' Hlgaav Neal I Vo be1da I Weist V' Bllo I y Bradshaw Otis \. '\ MOTION: ( I • • • • • • • ea.> 6 'ftrs ~JvU'-fii../'Y..-~ ,___ AGE NDA I TEM ----P RE S ENTED BY ------ ;d!_ {.J {l ))._ ~ J &uo ~L .::;1- c ;;Q ~ ~G ~ C<~ -rl /~2_duu "-<R--.-V>~--4~ ~ ?-M/U~J-' {<o~ J ) l 0'1 -{b.Q t AfLL L'"IA-F-- (JVI\AJ._.. ,/ ~~dJ-~:£ err~·~ J/co/ 5 t a__L ROLL CALL Moved Seconded -wrQclay Neal Vo b e da Weist Bi lo Bradshaw Ot i s MOTION: • Ayes Nay Absent Abstain • I . . - I • • • • AGE NDA ITEM ----P RESENTED BY ------ _ c~~~ ~ Y)w)d~ 1 ftt~hl~ -c_i(Q)-8 ~ ..A.__,UUJ ~ ·-tJJ-~-V( J.M tU-~J cJ~ ~ ·~ lL-tvv\.L p-v.-~· j. "'~r,...J----oo/2L IJ___J ~-w-Jlc.A J -~ I' ll~t &.fn 'I -~V..lcf P ·l~~ .J ~~Q" 6...£~ £ /l~ ~«X_ rY--zr-u Q1-<--L-v ~L<l J~ -G..:'J Yv. ~ /ll-6 LucU ( ~ [u__ -{_ I·"-> :r t1J '-' 6 {L'tJ.J 7f-' V'--' ~~'£; t'U•lV"'-,--- -/L-tf 1..tw...... ---tc.-1 ""'--_;;:;;<. W -o G \.o.-t~ I /1<>-.:,( ROLL CAL L Moved Seconded AY., s N•y Absent Abstain "!..9..!!..•Y Nea_! t---' Vobejda We_!st _1_1 lo L.--Bradshaw J Otis _-.., - MOTION: Cf_,c • • I . • • - • • --> 5 ------ AGENDA ITEM -----PRESENTED BY -------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain ..... H l_gday Neal Vobeida v Weist Bi lo Bradshaw Otis MOTION: • I • • • • • • • AG ENDA I TEM -----P RESENTED B Y ------- ROLL CAL L Moved Seconded Ayes Nay Absent Abstain Hlodav v NeaT I Vobe1da 1 Wei s t I v Bllo I Bradshaw I Otis I I • • • • • • • .... b r6 ---· ......_-......-- AGENDA ITEM -----PRESENTED BY-------- ROLL CALL ~z_J Moved Seconded Ayes Nay Absent Abstain 111goay \ Neal I Vobe1da I Weist I Bl lo I Bradshaw \. -Otis - MOTION: I . • • • - • • --> < ..,_~ -- AGENDA >TEM ~ PRESENTED BY -------- ROLL CALL Hoved Seconded Ayes Nay Absent Abstain '\ Hlgday J Neal I t---Vobe1da _j Weist I Bi lo I l-"' Bradshaw \ Otis _".... MOTION: { I . • • • AGENDA I TEM ---- ~/. (J {/Yll (. ~~ • J(£tDS ~ { ~ o L ~\1-Av---!!)y,~ /J.;.~v 7--( l__,?0 2 u ,)~J d~. c75 q / Moved MOTION: Seconded Hladay Neal Vobe1da We-T st Bllo Bradshaw Oti s • • • --- P RE SENT ED BY ------ I ~->1\U.\ Ayes Nay Absent Abstal n I . • • • • • AG ENDA ITEM ----PRESENTED BY ')I'\ ttcr -o • ""J"' ;, 'vf1 oJ~ "" ~{<W'm..> ----- fxv~;l~ 3( 7'J -s (~ i -:±{ z 0 ~ 0( .;;_ I r yvJJWJ. ( U ""'-l l.J-'IU .( -~ r /}U!l)i, '-8..-tv.-.!LJ ~-LL) uJ I P , ~ •-!-_ 1 ~ 1.ClJ t• . () (}vLb._w--~ 0. w-t'll-e; '6 'xi J.u_ k t' -cnnfl .. uj;_/J /~ tr ~c .. "Uvlu?J ~tu'Y\U.-v· {fUA\~~ ..v J-~ -~~ {_/'l-6!.u.:;1u_J :;t (u ·~ /} ~1 w-LD. ~ r r :r ~-LLA-..u....-. -u.J(~ t v~ ~ LLuJ' »A . .-L ~ -~o ~ ~ U I u r Y 1~ , /~ .. w ,_ {;" / y_;<-)t,_ JAU • o"1U j 6 fJJ-'1/Yv ( lJ(k_ ROLL CALL 1..-t U a..J./t-< .. --;pu 1c6..a ~ Moved Seconded lflgday Neal Vobe ,da Weist Bilo Bradshaw Otis MOTION: Ayes Nay Absent Ab sta n • I . • • • • ~ -- AGENDA ITEM ----P RE SENTED BY ------ !i~6 Hu~ fru {j1I? L . -t---~ A 4 /)~~ 3 11 ( 5 St L "'-L& ~~ -f1 IS- {L /)\._ l ~ 4 Gl 'Lu ~ -t-(.Lc-~ A-<-·& c L -J. 1 C·,., ' J L ) u...f~ Q_. { ) ' ,v_:--c L._ ·~' f\\ /\, c Moved Seconded Ayes Nay Absent Abstain Hlgday Neal Vobe:lda We i s t Bi lo Bradshaw Otis MOTION: • I . • • • • - • • AGENDA ITEM -----PRESENTED B Y -------- ROLL CALL Hoved Seconded Ayes Nay Absent Abstain Hlgday J,.-- Neal £,...-- Vobe1da t.-- Wei s t v-- Bl io (/"' Bradshaw /---" Oti s v MOTION: I • • • • • • • --lr < ?ens AGEN DA ITEM ----PRESENTED BY ------ tj-~ {l '""'' 3o 7 S-S -~ V~ J ~---u_,t k4 -6- ( l<J-i.AA/2-(_,L, .-r C?f]t·Ld _ ~ t~- :Lac F /ut')L.{~- }h 6-<-&. "-it t'\ "--{' t• .. (: ;. " )~~A_· r ~~~ ~L 3 r '-/ I S 51-ret tG ':/ if 3 3 '/)( 1( ~~ JJ t1 "Lt v 1 s .A J'--' {l-( d t .,; c( (~ a < cV . .-~J-....-J ~ v"-t · U ~ ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlgday NeaT Vobe1da Weist Bllo Bradshaw Otis MOTION: I . . • • AGENDA ITEM ---- ~~ ~v___~~~ 0 ~1~ K~ I 1 u-c cJ!:J. • • • PRESENTED BY ~ t L 'v' 9 -f)__ c_ C< ( t~ (J, 1' J -1L eL l '). :------~ e_-L ~ L LIJL~ '~L~ d LA-tf-Z ~f I L ~ '--'" -;:yP-~~ · 0Au-v-,_ p ~ ,3 1 ~-() s .p_ ·l-~ if & ------ L.C . J.. ) (I L ·y\\.Lt'\.l { -. _A_A I WYiu. W.d¥- Hoved Seconded Ayes Nay Absent AbstaIn Hlgday Neal Vobe1da Wei st Bllo Bradshaw Otis MOT I ON : • • -- I . . • • • .. )· < AGENDA ITEM ----PRESENTED BY ------- \.__ U.. rLf tJ'u. '-....t..)J._ /YV·-~ i uv\.V ~ '---t__~-... 1---{ IJ. <.1./L tJ.J "~o.-u -L d-~ -"'1 '~j'"' ' L-J t A YVJYY\...u-J -1-r trv -LL 'LC r , tm ~ )-.'ll <'..t'hLU l < f-1 t.:: K <: _.A.A. t.J...J J-f ,._ tL ..r ~L --fM .. :r.h.'--c Lu. cu~ 'll..'J- j) \ L<r--0-'t ROLL CALL Moved Seconded Ayes Nay Absent Ab t I s a n Heoaay ._... NeaT Vobe1da Weist ~ Bllo Bradshaw Otis MCYI'ION: a~~ • • I . • - • • > h < AGENDA ITEM P RESENTE D BY ------------ 5 1.-·" -{_ '---' ~ ~ ~ t1l~ I._ ~ 1. Lu CfL v...__ RO LL CAL L Moved Seconded A yes Nay Absent Abstain ' Hlgday I .........--Neal I Vobe1da I Wei s t I ~ Bllo Bradshaw I I I OtI s I \ I '- MOTION: cf! ./ I . • • • • • >zw) z< AGENDA ITEM -----P RE SENTED BY --------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlgday Neal f / Vobe,da Wei s t Bi lo I~ Bradsh- Oti s I • • MOTION: c 13 M s-- • • • AGENDA ITEM----- Moved MOTION: --7 L. c. Seconded __L-I ROLL CALL 111g<1av Neal Vobe1da Wei st Allo Bradsh- Otis • • • PRESENTED BY ------- Ayes Nay Absent Abstal n .... l I I I I \ ............ I • • • • • • • PRESENTED B Y -------- ROLL CALL Moved Seconded A ~s Nay Ab sent Ab sta n 111goay v-Neal I VobeJda I We i s t Bi lo v-Bradshaw I Ot is '- MOTION: .._...( I • • • • • • • AGENDA ITEM PRESENTED BY ------- -J_,~ cJ'Yn {'( l 'J __ 30c c ~·?_57Vv- {2 .J ;:,__t, (!, ()>l '"' [!(.L t ~ ~~ ./._ G V l t · ~-d 't )C I /_ ./'c.J 'IV £<.. 1 i d _') l \...I ( H L .__/'\ '-.jj_.)__ -JL Y\ '-"---/ <A >""" 'a x' ' '-''-- (? f\1 ,4--h-(._ ( 7t y r'< ~ (,(_, ;7 0 . tl~ ~ \.\--:£0 t.· ~ I 1' J J Oz, l I ROLL CALL Moved Seconded Ayes N ay A bsent Abstain ~ HlqCiay I Neal I '--Vobe1da I We st I Bllo \ Bradshaw \ Otis "\. MOTION: c c<' I • • • • • • - AGENDA I TEM -----P RESENTED BY-------- ROL L CALL Moved Seconded !!Ss Nay Absent Abstain . n 1gaay v Neal j VObEU_da I We_!_s t I L--' J!Jlo Bradshaw J Ot i s \ MOTION: r I • • • • - • J c..c..-G AGENDA ITEM J ____ _ Moved Seconded Hlgday Neal Vobe,da Weist ......... Bi lo L----Bradshaw Otis MOTION: S -c- • • • PRESENTED BY -------- ROLL CALL Ayes Nay Absent Abstain I I • • • • • - AGENDA ITEM 6 f/ PRESENTED BY -------- ROLL CALL Mov e d Seconded Ayes Nay Absent Abstain ' H1g<1ay \ Neal I Vobe1da I --Wei s t I v Bllo I ,~ Brad s haw I Ot is \ '-..,_ MOTION: (J I • • • • • • • AGENDA ITEM ~ PRESENTED BY -------- ROLL CALL Hoved Seconded Ayes Nay Absent Abstain Hlqc:lay Neal Vobe1d a Weist .... Bilo 1.-Bradshaw Otis MOI'ION: I • • • • • • • AGENDA I T EM 1 J/ d tl b PRESENT ED BY -------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain {/ Hlgdav v Neal Vobe1da Wei s t Bi io Bradshaw Oti s MOTION: I • • • • • • - -1L- AGENDA ITEM -----PRESENTED BY -------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain HlgCiay Neal _j_ Vo b e1da I Wei s t _l v Bllo __(_ Bradshaw _'l Oti s MOTION: I • • • • • • • AGENDA I T EM 1 tJ(__ P RESENTED BY -------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain tllgCiay Neal I Vobe1da I v Wei s t I ,,... Bi lo Bradshaw Oti s - MCYriON: C{) ~ 1 I • • • • • • • AG ENDA ITEM -----P RESENTED BY -------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain ~ 111gaay Neal ) Vobe 1da _j Wei s t f ,......... Bllo Bradshaw -Ot is MOTION: I • • c sf / J 6 • • • - • • PRESENTED BY ------- 1V ROLL CALL / ~~ ~ I Moved Seconded Ayes Nay Absent Abstain --m-qdav '\ Neal ' Vobe1da 7 Weist I Bllo 7 v Bradshaw -I Otis \ '-..... I . • • • • • AGENDA >TEH ~ PRESENTED B Y -------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain ~ Hf<Jdav 1 Neal I v Vobe1da I Weist I Bllo v Bradshaw Otis \ I • • • • • • • PRESENTED BY ------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain ~ ~ay ~ Neal I ~ Vobe1da _j_ Weist I v Bilo Bradshaw \ Otis I . • • • • • - AGENDA ITEM 1 Ac -----PRESENTED BY -------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain ~i!Y_ I/ Neal Vob4Uda W~st tsllo L Bradsh- Otis I • • • • • • • PRESENTED B Y -------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlgday .... Neal Vobejda WeJst c..--Bllo Brads haw Otis MOTION: I • • • • • - • • PRESENTED BY -------- ROLL CALL Hoved Seconded Ay ~s Nay Absent Abstain ~ay J Neal I _y Vo b e1da j Weist I Bllo I /./' Bradsh-\ Otis _\ • I • • • • • • - AGENDA ITEM --.iJL.._ PRESENTED BY-------- ROLL CALL Moved Seconded A "~s N ay Ab sent Abtl s a n v Hi_M~y J Neal I Vobe1da j Weist v Bllo Bradshaw Otis \ MOTION: I • • .. • • • - • • AGENDA ITEM ~ PRESENTED B Y -------- ROLL CALL Hoved Seconded Ayes Nay Absent Abstain j/ lgday I Neal I Vo be1da I Weist I Bllo t--Bradsh-I Otis \ ) MOTION : t1 L j P~~ I • • • • • • • AGENDA ITEM ~ 0 PRESENTED BY -------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain _l!!gday I Neal Vobeida Weist -_Bilo ...--Bradshaw Otis \ MOTION: I • • • • • - • • PRESENTED BY In C. (!.I) l ~ ROLL CALL Moved Seconded Ayes Nay Absent Abstain "'goav v Neal Vobe;da Wei s t / Bllo Brad s haw Oti s \ MOTION: L'll ? d L~ (_ • --+ {cut ( C )I\ r 0? .l-~{l' JrriJ zt7-I • ~ )_' c ~ /l t /71-L_ • • • • • AGENDA ITEM ~ PRESENTED BY -------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain HIQCicty I v Neal j_ Vobeida Weist Biio v Bradsh- Otis I MariON: fL{_ L 'Zf } I . • • • • • AGENDA ITEM ~~ PRESENTED BY -------- ROLL CAll Moved Seconded ~s N.y Absent Abstain Hlgday J Nea_J_ l_ J/ Vobe~da l_ We_!st 1 __ii lo ~ Bradshaw Otis MOTION: () .1f ~~ r:,t-\J_ [ • I • • • • - • • AGENDA >TEM ~ PRESENTED BY ilr· rJ • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlqday ........-Neal Vobe1da Weist .__..... Ill lo Bradshaw Otis MOTION: I • • • • • '. - AGENDA I TEM P RES ENTED BY Moved Second d e Ayes Nay Absent Abstain ·--.::::::: HTgdav -, Neal - Vobe1da We st 7 - Bllo -,_ Bradshaw { --L-I l Otis \ I MCYI'ION: I • • • • • • • AGENDA ITEM -----PRESENTED BY -------- ROLL CALL Hoved Seconded Abstain HI 9<1i!}'_ \ Neal _l Vobeida I Weist _j_ Bllo I Bradsh-_l_ Otis -"". " MOTION: I • • • • • • • • AGENDA ITEM ----PRESENTED BY r J,L.-;o, o ')-orr'". ROLL CALL Moved Seconded Ayes Nay Absent 11~ay Neal Vobeida Weist Silo Bradsh- Otis MCYI'ION: • • ------ t.- lA J Abstain I . . - • • • • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL AUGUST 6, 1984 / 7:30 P.M. Call to order, invocation by Dr. Roland Andrews, Grace Baptist Church of Englewood, 4200 South Acoma Street, pledge of al)egiance, and roll call. ltJ.-D.o 1. Minutes. 2. (a) Minutes of the regular meeting of July 16, 1984. (Copies enclosed.) Pre-Scheduled Visitors. tion to 10 minutes.) (Please limit your presenta- (a) Mr. Les Jenkins, President, Englewood Lions Club, will be present to present plaques of appreci- ation to City Council and members of staff. (Copies enclosed.) (b) Mr. Steve Wessler, Brady Development Corporation, will be present to make formal application for i-1 J Industrial Development Bonds and Mr. Steve Bell f1 ~)) 1 -~ from Hanifen Imhoff will also be present. D f6'~ 0 (See item 7 (1).) f'"' s ·-~ 3. 4. Other Visitors. to 5 minutes.) (Please limit your presentation Public Hearings. c ~~~ '. lv \ '~rtV~l 4. {a) To consider an Ordinance amending the Munici 1 ~ V ·~~v Code of the City of Englewood, Colorado, by add i ng .,1; lA . ~,._ \~-:~ a new section constituting a portion of the ~va:_() . .""~"' 1!/ 'Comprehensive Zoning Ordinance for the City of {__LJ ~-:J. f _., I J-).Y' Englewood regulating construe~·! and ~eqlti_rinj), f'l l ().. ': ~ lJI JP' buildi~rmits, fencing and ~larin_ an ~ "( ;co-' lf"" c:nergeM}T:' {Council Bill No. enclosed.) .vi ¥ {b) To consider an Ordinance adding thereto a new ~~ Section 16.4-13 to regulate uses in the I-1 Zone Distr i ct. {Council Bill No. 25 enclosed.) / '? • I • • v ( • • • • Page 2 August 6, 1984 Agenda 4. Public Hearings (Continued). '( (c) To consider an Ordinance amending the Municipal Code of the City of Englewood, Colorado, Title XVI, Comprehensive Zoning Ordinance, Section 16.4-10, B-1 (Business District), to amend the height limitation therein. (Council Bill No. 26 enclosed.) Communications -No Action Recommended. (a) Minutes of the Englewood Housing Authority meetings of October 26, 1983, February 1 and May 30, 1984. (Copies enclosed.) (b) Minutes of the Downtown Development Authority meeting of June 13, 1984. (Copies enclosed.) (c) Minutes of the Board of Adjustment and Appeals meeting of June 13, 1984. (Copies enclosed.) (d) Minutes of the Parks and Recreation Commmission meeting of June 14, 1984. (Copies enclosed.) (e) Minutes of the Planning and Zoning Commission meetings of July 3, and July 10, 1984. (Copies enclosed.) (f) Minutes of the Englewood Public Library Advisory Board meeting of July 10, 1984. (Copies enclosed.) (g) Minutes of the Urban Renewal Authority meeting of July 11, 1984. (Copies enclosed.) (h) Municipal Court Activity Report. enclosed.) (Copies 6. Communications -Action Recommended. (a) Proclamation proclaiming August as Multiple Sclerosis Month. (Copies enclosed.) (b) Letter from Mrs. Eleanor Haviland concerning her resignation from the Water and Sewer Board. (Copies enclosed.) • I • • - • • • • • Page 3 August 6, 1984 Agenda c: ~b 7. City Attorney. ~t-" '~ Ordinances on Final Reading. (a) (b) Ordinance 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. (Council Bill No. 27 enclosed.) ~Y~~ L ~ Ordinance approving use agreement between the City of Englewood, Colorado, and School District No. 1, Arapahoe County, Colorado, concerning Duncan School. (Council Bill No. 28 enclosed.) t ~ z,. \ .Ji (>.. '\ (c) Ordinance amending Title VIII, Chapter 1, Section 2, of the Englewood Municipal Code, 1969, as amended, regarding Englewood Public Library Advisory Board. (Coouncil Bill No. 21 enclosed.) Bills for Ordinances. (d) Ordinance approving the joint recreation agree- ment between the City of Englewood, Colorado, and Schools District No. 1, County of Arapahoe, Colorado, to take effect January 1, 1985. (Council Bill No. 27.1 to be transmitted.) (e) Ordinance aproving use agreement between the City of Englewood, Colorado, and School District No. 1, Arapahoe County, Colorado, concerning Duncan School. (Council Bill No. 28.1 to be transmitted.) (f) Bill supplementing Ordinance No. 71, Series of 1981, finally passed and adopted on October 19, ~)~ 1981, and providing for an amendment to the r ~~ assessment roll in connection with Downtown '-..: ~ b ~Improvement District No. 1980-1, in the City ;.3"1 ' c'!."" of Englewood, Colorado. (Council Bill No. 29 ~ ~· C:;' '};) enclosed.) j (g) Bill adopting the First Supplemental Contract ~'b with the State Department of Highways amending estimated costs and escrow conditions of the original contract, providing for the recon- struction of City Ditch. (Council Bill No. 30 enclosed.) (h) Bill zoning newly annexed parcels of land to the City of Englewood, Arapahoe County, State ~ of Colorado, from an unzoned classification '\S to R-3, High Density Residence, and B-2, 1 Business and setting a public hearing. (Council lj)~"' Bill No. 31 enclosed.) • I • • n ( • • • Page 4 August 6, 1984 Agenda 7. City Attorney (Continued). Bill adopting amendment to agreement regardiug Little Dry Creek construction of and acquisition of right-of-way improvements between the City of Englewood and Urban Drainage and Flood Control District concerning Detention Pond Project. (Council Bill No. 32 enclosed.) Bill approving the Connector's Agreement between the City of Englewood, Colorado, and the Board of County Commissioners of the County of Arapahoe for treatment of domestic wastewater in County Line Landfill. (Council Bill No. 33 enclosed.) Bill approving a Quit Claim Deed to the City of Littleton to correct title to the South Metro Fire Training Academy Property. (Council Bill No. 34 and Council Communication enclosed.) Bill authorizing the issuance and sale of $9,500,000 City of Englewood, Colorado, In- dustrial Development Revenue Bonds (King Soopers Plaza Project) Series 1984, to finance property suitable for use for commercial or business enterprises; ratifying certain actions hereto- fore taken; authorizing the execution and delivery by the City of a Financing Agreement, Indenture of Trust, Bond Purchase Agreement, Inducement Letter, Final Official Statement, said bonds and closing documents in connection therewith; and repealing action heretofore taken in conflict herewith and setting a public hearing. (Council Bill No. 35, Council Communi- cation and Application enclosed.) Resolutions. (m) (n) (o) Resolution recommending the development of an equitable formula for the distribution of Older Americans Act Funds to the Denver Region. (Copies enclosed.) Resolution amending the Water Enterprise Fund. (Copies enclosed.) Resolution approving an easement required by Agreement -Kamphausen/McLellan Reservoir. (Resolution and Council Communication enclosed.) Other Matters. (p) Attorney's Choice. • • I • • • • • • Page 5 August 6, 1984 Agenda B. City Manager. (a) Council Communication from the City Manager concerning the Concrete Repair Program, 1984 Revised. (Copies enclosed.) 1:\ (b) ~\_(}- l\C Council Communication from the City Manager concerning the Elsie Malley Parking Lot t3. (Copies enclosed.) (c) Council Communication from the City Manager concerning the Six-Quarter Budget for the period July, 1984 through December, 1985. (Council Communication and Resolution enclosed.) (d) Council Communication from the Assistant City Manager for Economic Development and Resolution for transfer of funds to the Urban Renewal Authority for property acquisition. (Council Communication and Resolution enclosed.) (e) Manager's Choice. 9. General Discussion. (a) Mayor's Choice. (b) Council Member's Choice.- 10. Adjournment. a 1 ~(:~~ ~;d, ~ ANV~c cowN City Manager AM/sb ;0, 0 5 ~'J l'Y\ • I . - • • REGULAR MEETING: • • • COUNCIL CHAMBERS City of Englewood, Colorado July 16, 1984 ~~ The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on July 16, 1984, at 7:30 p.m. Mayor Otis, presiding, called the meeting to order. The invocation was given by Mayor Otis. The pledge of al- legiance was led by Mayor Otis. Mayor Otis asked for roll call. Upon a call of the roll, the following were present: Council Members Neal, Weist, Bilo, Bradshaw, Otis. Absent: Council Members Higday, Vobejda. The Mayor declared a quorum present. • • • • • • • Also present were: Acting City Manager Vargas City Attorney Olsen • • • Assistant Director of Community Development (Planning) D. Romans Deputy City Clerk Owen • • • • COUNCIL MEMBER BRADSHAW MOVED TO APPROVE THE MINUTES OF THE SPECIAL MEETING OF JUNE 28, 1984. Council Member Bilo seconded the mo- tion. Council Member Bradshaw noted an edit change on page 3, fourth paragraph, third line, changing "EDDA" to Englewood downtown develop- ment." Council Member Bilo accepted the edit change. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Neal, Weist, Bilo, Bradshaw, Ot i s. Nays: None. Absent: Council Members Higday, Vobejda. • I • • - ' I C • • July 16, 1984 Page 2 • • • The Mayor declared the motion carried. * * * * * * * COUNCIL MEMBER WEIST MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF JULY 2, 1984. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Neal, Weist, Bilo, Bradshaw, Otis. Nays: None. Absent: Council Members Higday, Vobejda. The Mayor declared the motion carried. * * * * * * * Pre-scheduled visitor, Tom Burns, 3600 South Bannock 1301, Chairman of the Housing Authority, was present. Hr. Burns presented a check for $19,945.84 for payment in lieu of taxes (PILOT) for fiscal years 1982 and 1983 on the Englewood Housing Authority's low rent public housing projects Orchard Place and the duplexes. Hr. Burns expressed appreciation for the cooperation that the Housing Authority has received from the City of Englewood. Mayor Otis accepted the check and returned the compliment in being pleased with the good, close working relationship. * * * * * * * Mayor Otis asked if there were any other visitors at this time. Jim Channel, representing Pattern Concrete of Colorado, residing at 4879 South Jellison Street, came forward. Hr. Channel stated he want- ed to reserve his comments until after action was taken on agenda item Be. COUNCIL MEMBER NEAL MOVED TO BRING ITEM BC FORWARD AT THIS TIME. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Neal, Weist, Bilo, Bradshaw, Otis. Nays: None. Absent: Council Members Higday, Vobejda. • I • • • July 16, 1984 Page 3 • • • The Mayor declared the motion carried. Acting City Manager Vargas presented the Council Communication concerning the award of construction contract for 1984 Concrete Replace- ment Program. Mr. Vargas stated the Regional Transportation District has appropriated $25,488 to pay for the some of the repair and maintenance of the bus and post stops located in the City of Englewood. Customarily, the City would couple the money from RTD with appropriations from the City to take advantage of a larger bid to do some concrete replacement work. This year the City contributed $50,000 which made the combined amount of $75,488. Five bids were received, four complete and one incom- plete. The low bid was from Patterned Concrete of $91,407 which was over and above the funds available and a decision had to be made either to reject all bids for a project that appeared unaffordable or to go back and eliminate part of the project; and this was the direction staff de- cided to investigate. Staff went through the bid specifications and took out the pricing for the RTD project with the intention to segregate the City project budget for $50,000 and the RTD project for $25,488. In doing so it changed the low bid results and Concrete Works of Colorado became the low bidder. Mr. Vargas stated staff has discussed this matter with representatives of Patterned Concrete as well as the City Attorney. The City Attorney has advised the aforementioned separation was a legal way to proceed. Mr. Vargas recommended award of bid to Concrete Works of Colorado in the sum of $24,335 to do the RTD concrete work only. Mr. Channel submitted a copy of the bid results and various b i d items that were let on the project and a copy of the spread sheet and items withdrawn for RTD. Mr. Channel argued the project was let as a combination of RTD work and City work. Mr. Channel stated the separation of the work would result in two different b i ds with prices varying con- siderably from the one original combined bid because different factors are taken into consideration. Mr. Channel argued the bid should have been bid separately as two different projects, City work and RTD work. Mr. Channel reported what he thought were other irregularities in this process. Mr. Vargas assured Mr. Channel that staff would remember this experience and the work would be separated out next year. Council Member Neal stated the bottom line was that the citizens be served "with the value received for the dollar paid." The bids were over the allocation for this project; but when broken down, according to a fair measure, yielded on a unit price basis the ability to pay for the RTD work at a lower cost. COUNCIL MEMBER NEAL MOVED TO AWARD THE RTD WORK TO CONCRETE WORKS OF COLORADO IN THE AMOUNT OF $24,335. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as fol- lows: • I • - ( • July 16, 1984 Page 4 Ayes: Nays: Absent: • • • Council Members Neal, Weist, Bilo, Bradshaw, Otis. None. Council Members Higday, Vobejda. The Mayor declared the motion carried. Mr. Channel gave his permission to place the documents he sub-mitted into the record. Council Member Neal stated if there was any substantiated, prov- able allegations in regard to irregularities in the bidding process, other than opinions of people, these should be brought to the attention of the City Attorney. * * * • • * * Mr. Dennis Ellingson, 3255 West Chenango, came forward. Mr. Ellingson queried how he received a bid on conrete work for curbs and gutters for $12.00 less per square foot than the City. Mr. Ellingson stated some of these contractors bid on the C i ty's concrete project and wondered why they did not get the award. Mr. Vargas asked for the names of the bidders. Mr . Ellingson stated they were E&J, Moss, and Gibson. Mr . Vargas noted none of the names we re i n the tabulation. Mr. Ellingson then asked wh a t was go i ng to be done about the ann e xat i on of h i s neighborhood that was apparentl y not recorded. Ci ty Att o r ney Olsen stated his office was i n v es ti ga ti ng the matter . Mr . Ol s en s tated whe t her o r no t t h e annexati on wa s rec orded d id not effect its legality. Mr . Ol se n s tated at the time the anne x ation took place such items were rec o rded with the Secretary of State and his office has been unsuccessful in locating it . Mr. Ellingson asked why he was not in the Englewood School Dis- trict even though his pro p erty , etc . was in the City of Englewood . Co uncil Mem b er Bradshaw stated the State determined school dis- trict lines which g e n erally d isreg ard an n e x ati o n lines . Council Member Neal directed the City Manager 's office to con- tact the contractors n amed by Mr . Elli n gson to see if they were interest- ed in bidding on ot h er City projects . • I • • • July 16, 1984 Page 5 * * * • • • * * * * There were no other visitors who wanted to speak at this time. * * * * * * * COUNCIL MEMBER BRADSHAW MOVED TO OPEN THE PUBLIC HEARING ON THE 1985 PROPOSED BUDGET. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Neal, Weist, Bilo, Bradshaw, Otis. Nays: None. Absent: Council Members Higday, Vobejda. The Mayor declared the motion carried. Acting City Manager Vargas commented the policy has been to conduct a pre-budget hearing for citizen input. Mayor Otis asked if there was anyone present wishing to speak regarding next year's budget. No one spoke. COUNCIL MEMBER BRADSHAW MOVED TO CLOSE THE PUBLIC HEARING. Council Member Neal seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Neal, Weist, Bilo, Bradshaw, Otis. Nays: None. Absent: Council Members Higday, Vobejda. The Mayor declared the motion carried. * * * * * * * COUNCIL MEMBER NEAL MOVED TO OPEN THE PUBLIC HEARING CONCERNING GENERAL REVENUE SHARING FUNDS FOR 1985. Council Member Weist seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Neal, Weist, Bilo, Bradshaw, Otis. Nays: None. • I • • - • • July 16, 1984 Page 6 Absent: • • - Council Members Higday, Vobejda. The Mayor declared the motion carried. Acting City Manager Vargas stated this was an opportunity for citizens to give their ideas for uses of the funds. in 1985. salaries. Mr. Vargas stated the City would receive approximately $550,000 In the past, these funds have helped defray police officers' Mayor Otis asked if there was anyone present wishing to speak. No one spoke. COUNCIL MEMBER BRADSHAW MOVED TO CLOSE THE PUBLIC HEARING. Council Member Weist seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Neal, Weist, Bilo, Bradshaw, Otis. Nays: None. Absent: Council Members Higday, Vobejda. The Mayor declared the motion carried. * * * * * * * COUNCIL MEMBER BRADSHAW MOVED TO BRING FORWARD AGENDA ITEM 7B, A COUNCIL BILL REGARDING ZONING I-1 (LIGHT INDUSTRIAL). Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Neal, Weist, Bilo, Bradshaw, Otis. Nays: None. Absent: Council Members Higday, Vobejda. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1984 BY AUTHORITY A BILL FOR COUNCIL BILL NO. 25 INTRODUCED BY COUNCIL MEMBER BRADSHAW I • • ( • July 16, 1984 Page 7 • • • AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF ENGLEWOOD, BY ADDING THERETO A NEW SECTION 16.4-13 (LIGHT INDUSTRIAL), TITLE XVI, COM- PREHENSIVE ZONING ORDINANCE, TO REGULATE USES IN THE I-1 ZONE DISTRICT, AND TO ALLOW MOBILE HOME PARKS AS A PERMITTED PRINCIPAL USE; WHICH ORDI- NANCE IS ADOPTED PURSUANT 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 HATTER, THE INTENT OF THIS PORTION OF THE COMPREHENSIVE ZONING ORDINANCE BEING TO SUPERSEDE WITHIN THE TERRI- TORIAL LIMITS AND OTHER JURISDICTION OF THE CITY OF ENGLEWOOD THE GENERAL LAW OF THE STATE OF COLORADO IN CONFLICT HEREWITH, REPEALING PORTIONS OF ORDINANCE NO. 26, SERIES OF 1963, AS AMENDED, AND PRESCRIBING PENALTIES AS SET FORTH IN THE MUNICIPAL CODE OF THE CITY OF ENGLEWOOD WHICH SHALL APPLY TO VIOLATIONS OF THE PROVISIONS OF THIS ORDINANCE, AND DECLARING AN EMERGENCY. COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL NO. 25, SERIES OF 1984, ON FIRST READING AND SET A PUBLIC HEARING FOR MONDAY, AUGUST 6, 1984, AT 7:30 P.M. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Neal, Weist, Bilo, Bradshaw, Otis. Nays: None. Absent: Council Members Higday, Vobejda. The Mayor declared the motion carried. * * * * * * * "Communications -No Action Recommended" on the agenda were: (a) (b) (c) Minutes of the Urban Renewal Authority meetings of Hay 30, June 6, June 25, and June 28, 1984. Minutes of the Planning and Zoning Commission meeting of June 26, 1984. Memorandum from the Director of Libraries concerning her attendance at the American Library Association Conference, June 19-25, 1984. COUNCIL MEMBER BILO MOVED TO ACCEPT "COMMUNICATIONS -NO ACTION RECOMMENDED" AGENDA ITEMS 5(A) -5(C). Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Neal, Weist, Bilo, Bradshaw, Otis. • I • • • July 16, 1984 Page 8 Nays: Absent: • • .. None. Council Members Higday, Vobejda. The Mayor declared the motion carried • • • • • • • • Acting City Manager Vargas presented a Council Communication from the Water and Sewer Board concerning the first supplemental contract with the State Department of Highways as part of the Littleton Railroad Depression Project. COUNCIL MEMBER BRADSHAW MOVED TO DIRECT THE CITY ATTORNEY TO PREPARE THE APPROPRIATE ORDINANCE EFFECTUATING THIS SUPPLEMENT. Council Member Bilo seconded the motion. Upon a call of the roll, the vote re- sulted as follows: Ayes: Council Members Neal, Weist, Bilo, Bradshaw, Otis. Nays: None. Absent: Council Members Higday, Vobejda. The Mayor declared the motion carried • • • * • * • • Acting City Manager Vargas presented a 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. COUNCIL MEMBER NEAL MOVED TO INSTRUCT STAFF TO PREPARE AN ORDI- NANCE AND ESTABLISH A PUBLIC HEARING ON AUGUST 6, 1984. Council Member Weist seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Neal, Weist, Bilo, Bradshaw, Otis. Nays: None. Absent: Council Members Higday, Vobejda. The Mayor declared the motion carried • • * • • • * • • I • • • July 16, 1984 Page 9 ORDINANCE NO. 24 SERIES OF 1984 • • - BY AUTHORITY 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 PROCESSING. COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL NO. 23, SERIES OF 1984, ON FINAL READING. Council Member Bilo seconded the mo- tion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Neal, Weist, Bilo, Bradshaw, Otis. Nays: None. Absent: Council Members Higday, Vobejda. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1984 * * * * BY AUTHORITY A BILL FOR * * * COUNCIL BILL NO. 26 INTRODUCED BY COUNCIL MEMBER NEAL AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF ENGLEWOOD, COLORADO, TITLE XVI, COMPREHENSIVE ZONING ORDINANCE, SECTION 16.4-10, B-1 (BUSINESS DISTRICT), TO AMEND THE HEIGHT LIMITATION THEREIN AT SUBSECTION f. (1) TO READ "ONE HUNDRED (100) FEET; 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 SUPERSEDE WITHIN THE TERRITORIAL LIMITS AND OTHER JURISDICTION OF THE CITY OF ENGLEWOOD THE GENERAL LAW OF THE STATE OF COLORADO IN CONFLICT HEREWITH, AMENDING A PORTION OF ORDINANCE NO. 18, SERIES OF 1984. COUNCIL MEMBER NEAL MOVED TO PASS COUNCIL BILL NO. 26, SERIES OF 1984, ON FIRST READING, AND TO SET A PUBLIC HEARING FOR MONDAY, AUGUST 6, 1984, AT 7:30 P.M. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: • I • • f • • s • July 16, 1984 Page 10 Ayes: Nays: Absent: • • • Council Members Neal, Weist, Bilo, Bradshaw, Otis. None. Council Members Higday, Vobejda. The Mayor declared the motion carried. • • • • • • • BY AUTHORITY ORDINANCE NO. SERIES OF 1984 COUNCIL BILL NO. 27 INTRODUCED BY COUNCIL MEMBER BILO A BILL FOR AN ORDINANCE ADOPTING THE JOINT RECREATION AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND SCHOOL DISTRICT NO. 1, COUN TY OF ARAPAHOE, COLORADO, TO TAKE EFFECT JANUARY 1, 1985. COUNCIL MEMBER BILO MOVED TO PASS COUNCIL BILL NO. 27, SERIES OF 1984, ON FIRST READING. COUNCIL MEMBER BILO MOVED TO AMEND THE MOTION BY CHANGING ON PAGE 3, PARAGRAPH NO. 6 AS FOLLOWS: STRIKING "JANUARY 1, 1985, OR WHEN THE NEW COMMUNITY CENTER POOL BECOMES OPERATIONAL." AND REPLACING WI TH "FEBRUARY 15, 1985." Counc i l Member Nea l seconded the mot i on. Counc i l Member Bradshaw noted she would be abs tai ning because of you r employment affiliat i on with Schoo l Distr i ct No. 1. f ollows: Upon a call of the roll, the vote on the amendmen t resulted as Ayes : Counc il Memb e rs Neal , Wei s t , B i lo, Ot i s. Nays: No ne. Abstain: Mayor P ro Tern Bradsha w. Absent: Council Members Higday, Vobejda. The Mayor declared the amendment carried . Council discussed rewording paragraph no . 4. Olsen o ffered the follo wing language: City Attorney • I • • • ( July 16, 1984 Page 11 • • • "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 parties against liability for property damage of not less than $50,000 for each separate policy. Each said policy shall be primary policies, not contributing with, nor in excess of, the coverage that the other party may carry". Acting City Manager Vargas interjected he would forward this bill to the School Board for its consideration on the following day. COUNCIL MEMBER WEIST MOVED TO AMEND THE MOTION BY CHANGING PARA- GRAPH NO. 4 WITH LANGUAGE OFFERED BY THE CITY ATTORNEY. Council Member Neal seconded the motion. Upon a call of the roll, the vote on the amendment resulted as follows: Ayes: Council Members Neal, Weist, Bilo, Otis. Nays: None. Abstain: Mayor Pro Tern Bradshaw. Absent: Council Members Higday, Vobejda. The Mayor declared the amendment carried. COUNCIL MEMBER BILO MOVED TO AMEND THE MOTION BY ADDING TO PARA- GRAPH NO. 6 THE FOLLOWING: "THIS AGREEMENT SUPERCEDES ALL OTHER AGREE- MENTS RELATING TO THE SWIMMING POOL." Council Member Weist seconded the motion. Upon a call of the roll, the vote on the amendment resulted as follows: Ayes: Council Members Neal, Weist, Bilo, Otis. Nays: None. Abstain: Mayor Pro Tern Bradshaw. Absent: Council Members Higday, Vobejda. The Mayor declared the amendment carried. Upon a call of the roll, the vote on the original motion re- ~ sulted as follows: • I • • t • • • • July 16, 1984 Page 12 Ayes: Council Members Neal, Weist, Bilo, Otis. Nays: None. Abstain: Mayor Pro Tern Bradshaw. Absent: Council Members Higday, Vobejda. The Mayor declared the motion carried. • • • • • • • COUNCIL MEMBER BRADSHAW MOVED TO TABLE THE NEXT AGENDA ITEM COUNCIL BILL NO. 28, SERIES OF 1984. After further discussion, Council Member Bradshaw withdrew the motion. BY AUTHORITY ORDINANCE NO. SERIES OF 1984 COUNCIL BILL NO. 28 INTRODUCED BY COUNCIL MEMBER WEIST A BILL FOR AN ORDINANCE APPROVING USE AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND SCHOOL DISTRICT NO. 1, ARAPAHOE COUNTY, COLORADO, CONCERN- ING DUNCAN SCHOOL. COUNCIL MEMBER WEIST MOVED TO PASS COUNCIL BILL NO. 28, SERIES OF 1984, ON FIRST READING. Council Member Bilo seconded the motion. Council Member Bradshaw explained she would be abstaining be- cause of her employment affiliation with the School District. Council discussed providing for an expiration date in the agree- ment in sections II.b and c, and in IV.c. City Attorney Olsen offered the following language: "II. b. Provide for the City's use of the following described parcel (but not the building thereon) until December 31, 1993, to wit: Lots 1 thru 9 and Lots 28 thru 36, Block 1, Harpers Subdivision, known as 4846 South Pennsylvania, County of Arapahoe, State of Colorado. • I • • \ July 16, 1984 Page 13 • • - c. Provide for the City's use until December 31, 1993, of the restrooms of the Duncan School, 4846 South Pennsylvania, Englewood, that can be accessed from outside of the building (hereinafter "the Rest- rooms")." "IV. c. The City shall have such use of the premises until December 31, 1993." COUNCIL MEMBER NEAL MOVED TO AMEND THE MOTION AND TO CHANGE II. b. AND c., AND IV c. TO READ THE LANGUAGE AS OFFERED BY THE CITY AT- TORNEY. Council Member Bilo seconded the motion. Upon a call of the roll, the vote on the amendment resulted as follows: Ayes: Council Members Neal, Weist, Bilo, Otis. Nays: None. Abstain: Mayor Pro Tern Bradshaw. Absent: Council Members Higday, Vobejda. The Mayor declared the amendment carried. Upon a call of the roll, the vote on the original motion re- sulted as follows: Ayes: Council Members Neal, Weist, Bilo, Bradshaw, Otis. Nays: None. Abstain: Mayor Pro Tern Bradshaw. Absent: Council Members Higday, Vobejda. The Mayor declared the motion carried. Council discussed changing IV. e. regarding insurance coverage. City Attorney Olsen offered the following language: "IV. e. The City and the School District each agree to maintain separate policies of 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 or 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 parties against liability for property damage of not less than $50,000 for each separate • I • • • • p July 16, 1984 Page 14 • • • policy. Each said policy shall be primary policies, not contributing with, nor in excess of, the coverage that the other party may carry." COUNCIL MEMBER NEAL MOVED TO AMEND COUNCIL BILL NO. 28, SERIES OF 1984, BY REPLACING IV.e. WITH THE LANGUAGE OFFERED BY THE CITY AT- TORNEY. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Neal, Weist, Bilo, Otis. Nays: None. Abstain: Mayor Pro Tern Bradshaw. Absent: Council Members Higday, Vobejda. The Mayor declared the motion carried. • • • • • • • BY AUTHORITY ORDINANCE NO. \ a SERIES OF 1984 COUNCIL BILL NO. 21 INTRODUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE AMENDING TITLE VIII, CHAPTER 1, SECTION 2 OF THE ENGLEWOOD MUNICIPAL CODE '69, AS AMENDED, REGARDING ENGLEWOOD PUBLIC LIBRARY AD-VISORY BOARD. COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL NO. 21, SERIES OF 1984. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Neal, Weist, Bilo, Bradshaw, Otis. Nays: None. Absent: Council Members Higday, Vobejda. The Mayor declared the motion carried. • • • • • • • Acting City Manager Vargas presented a Council Communication concerning Dartmouth Park Planned Development and recommending postpone- ment until resolution of the wastewater tap issue • • I • • July 16, 1984 Page 15 • • • COUNCIL MEMBER BRADSHAW MOVED TO POSTPONE THE DARTMOUTH PARK PLANNED DEVELOPMENT ISSUE INDEFINITELY. Council Member Bilo seconded the motion. Council Member Neal directed staff to have the appropriate docu- ments prepared so that when this issue is resolved there would be no further delays. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Neal, Weist, Bilo, Bradshaw, Otis. Nays: None. Absent: Council Members Higday, Vobejda. The Mayor declared the motion carried. Mr. Arnold Volmers, 420 East 8th Avenue, Denver, came forward representing the developer for the Dartmouth Park Planned Development. Mr. Volmers stated he would relay to the developer of the postponement, and that they would be notified when the City was ready to address the plan again. • • • • • • • Acting City Manager Vargas presented a 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. Mr. Vargas stated the recom- mendation was to revise the current agreement for the purpose of using available funds for making larger loans to Englewood businesses that were moving as a result of the redevelopment project. The highest priority for the funds would be for businesses that were relocating into another building within the Downtown Redevelopment District and the funds could be used only for renovation of a building. The second priority would be for businesses that were relocating out of the District but would remain in Englewood. No funds would be made available to businesses moving out of the City. COUNCIL MEMBER BRADSHAW MOVED TO APPROVE THE REVISED AGREEMENT AND TO DIRECT STAFF TO IMPLEMENT THE LOAN PROGRAM. Council Member Neal seconded the motion. Upon a call of the roll, the vote resulted as fol- lows: Ayes: Council Members Neal, Weist, Bilo, Bradshaw, Otis. Nays: None. • I • • ( ( ( • July 16, 1984 Page 16 Absent: • • • Council Members Higday, Vobejda. The Mayor declared the motion carried. RESOLUTION NO. 26 SERIES OF 1984 * * * * * * * A RESOLUTION AMENDING THE 1984 GENERAL FUND BUDGET AND ESTABLISHING THE POSITIONS OF ADMINISTRATIVE ASSISTANT IN THE CITY MANAGER'S OFFICE, A PERMIT TECHNICIAN IN THE CODE ENFORCEMENT DIVISION OF THE COMMUNITY DE- VELOPMENT DEPARTMENT, AND ENGINEER IN THE ENGINEERING SERVICES DEPART-MENT. COUNCIL MEMBER NEAL MOVED TO PASS RESOLUTION NO. 26, SERIES OF 1984. Council Member Weist seconded the motion. City Attorney Olsen suggested additional amendments to bring the resolution in compliance with the Charter. Mr. Olsen recommended inserting the following as the last "whereas": "Whereas, the Treasurer has certified that there is a sufficient cash surplus to meet the appro- priations;". Mr. Olsen further recommended adding the following language to the previous "whereas" paragraph replacing the ";" to "," and adding "which were not foreseen at the adoption of the budget;" COUNCIL MEMBER BRADSHAW MOVED TO AMEND THE MOTION WITH THE LAN- GUAGE AS OFFERED BY THE CITY ATTORNEY. Council Member Bilo seconded the motion. Upon a call of the roll, the vote on the amendment resulted as follows: Ayes: Council Members Neal, Weist, Bilo, Bradshaw, Otis. Nays: None. Absent: Council Members Higday, Vobejda. The Mayor declared the motion carried. Upon a call of the roll, the vote on the original motion re-sulted as follows: Ayes: Council Members Neal, Weist, Bilo, Bradshaw, Otis. Nays: None. Absent: Council Members Higday, Vobejda. • I - ( ( 0 ( • July 16, 1984 Page 17 • • • The Mayor declared the motion carried. * * * * * * * Council Member Bradshaw asked Mr. Vargas to research if the realignment of staff made it possible to charge part of Ms. Powers' salary to the Urban Renewal Authority. * * * * * * * Council Member Neal noted the resignation of Gordon Close from the EDDA and recommended leaving the position vacant. * * * * * * * No further business was d i scussed. * * * * * * * COUNCIL MEMBER NEAL MOVED TO ADJOURN. Mayor Otis adjourned the meeting without a vote at 9:20 p.m. • I • • - ( • • • .. • ~------~--~_dVc_~ __ n_~_d._a~f~~---- ~{J, E~tNt ~tM4 (ftJ. The City Council of Englewood, Colorado P. a . aax •a• &NaL&WaDD, CDLG- Dear Members of the Council: Englewood, Colorad o July 17, 1984 The Board of Directors of our Englewood Lions Club has passed a Resolution to sincerely thank the City Council for all the assistance you gave our Club in ita recent proJect to improve the track of our miniature train at Belleview Park. We thank you for the use of the City Engineering Department to help us make the track much firmer and the help we received from the Parks and Recreation Department. And we also thank you for the generous financial support you gave us. We want you to know that all this support is greatly appreciated by our Club. So once again -"Thank you for all the help you gave us!" Sincerely yours, ~~ Lion Fred Hahn, Secretary I • • - • • Englewood, Colorado I. Introduction • • - INDUSTRIAL DEVELOPMENT BOND ISSUE KING SOOPERS PLAZA AT TROLLEY SQUARE August 6, 1984 This text describes an Industrial Development Bond (IDB) issue or approxiaately $Q,500,000 the proceeds or which will be used to provide the peraanent DOrt~age (not the construction loan) ror the King Soopers Plaza at Trolley Square. The City or Englewood ("City") is, under no circu.stances, liable ror the repayment or these bonds. II. ~ Project A. Location: The site contains approximately 260,000 square reet bounded by Broadway, Floyd, Bannock, and Englewood Parkway. B. Structures to be Built: The Project will contain a 52,000 square root King Soopers Store plus an additional 50,000 square feet of retail space. The Project will contain 440 parking spaces with 150 of the spaces located on a parking deck. c. Timing: The project by February 1, 198}f. pre-leased. 5 . is under construction and will be occupied Approximately 70 percent of the space is D. Project Cost: The total Project costs are as follows: Construction Costs and Fees Construction Interest Financing Fees and Closign Costs Marketing and Development Costs Land Acquisition/Lease Buy-Out Total Project Cost $5,135,400 375,000 339,000 283,000 3,500,000 $9,632,1100 III. Tenas and Conditions of the IBD Financing A. Amount: $9,500,000 $9,000,000 mortgage plus reserve B. Interest Rat e: 8.50 -9.00S C. Tera to Maturity: ~0-year amortization with 5-10 year balloon D. Security ror the Bond holders: aasign8ent of all leases, and provided by Silverado Ranking • First mort~age on the Project, $9,000,000 Letter or Credit • I • • • • • • E. Borrower: Englewood Redevelopers, Limited -S. Bud Brady, General Partner F. Developer: Brady President, 1391 Colorado 8020-. Development Corporation -Henry North Speer Boulevard, Suite K. 300, Burgwyn, Denver, G. I.D.B. Volume Limitations: This issue will not count any Industrial Revenue Bond Per Capita Limitations iaposed by the recent tax bill because the project was induced prior to June 19, 1984, the errective date or the bill. I . • • • . . • 1L BY AUTHORITY 0?-DINANC E NO. SERES OF 1984 COUNCIL BILL NO. 35 HU'J3ffi_U~D BY COUNCILM2MB ER A BILL FOR AN ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF $9,500,000 CITY OF ENGLEWOOD, COLORADO , INDUSTRIAL DEVELOPNENT REVENuE BON:US (KING SOOP ERS PLAZA PROJECT} SERIES 1984, TO FINANCE PROPERTY SUITABLE FOR USE FOR COMMERCIAL OR BUSINESS 2 NTERPRISES; RATIFYING CERTAIN ACTIONS HERETOFORE TAKEN; AUTHOR- IZING THE EXECUTION AND DELIVERY BY THE CITY OF A ?INANCING AGREEMENT, INDENTURE OF TRUST, BOND PURCHASE AGREEMENT, INDUCEMENT LETTER, FINAL OE'FI- CIAL STATEJI1ENT, SAID BONDS AND CLOSING DOCUI•1 ENTS IN CONNECTION THEREv/ITH; AND REPEALING ACTION HERETO- FORE TAKEN IN CONFLICT HEREWITH. W'"rlEREAS, the City of Englewood, Colorado (the "Issuer") is a legally and regularly created, established municipal corporation duly organized and existing as a home-rule city pursuant to Article XX of the Constitution of the State of Colorado; and h'HEREAS, the provisions of the County and Municipality Development Revenue Bond Act, constituting Article 3, Titie 29, Colorado Revised Statutes (the "Act"), authorize munici- palities to finance, refinance, acquire, own, lease, improve and dispose of one or more projects, including any land, building or other improvement and all real or personal properties suitable or used for or in connection with com- mercial or business enterprises (including, without limita- tion, enterprises engaged in selling any products of agri-I • • • • • • c ul ture, industry, commerce, manufacturing or business), upon such conditions as the municipality may deem advisable; and WHEREAS, such municipalities are further authorized by the Act to issue revenue b onds for t he purpose of defraying the cost of financing any such project; and WHEREAS, such municipalities may authori~e the user of the project, or an agent of the user or a trustee, to dis- burse the proceeds of such bonds to pay certain costs authorized by the Act under certain conditions set forth therein, including the condition that the user thereof agree to pay to such municipality an amount sufficient to pay, when due, the principal, interest and premium, if any, on such bonds, and any other expenses incurred by the munici- pality in connection therewith, such bonds to be payable solely from the revenues derived from payments to the munic- ipality by the user of the project; and WHEREAS, Englewood Redevelopers, Ltd., a Colorado limited partnership, organized and existing under the laws of the State of Colorado (the "Partnership"), has presented to the Issuer a proposal whereby the Issuer will, pursuant to the Act, issue the rev enue bonds hereinafter described and loan the proceeds therefrom to the Partnership to finance the acquisition, construction and improving of a commercial facility consisting of a retail grocery store, related convenience shops and a parking structure, having an -2- • I • • - • • • • • • area of appr oximately 100,000 square feet, proposed to be located in an area surrounded by Floyd, Broad~ay, Girard and Bannock streets, a ll ~ith1n he C1ty, a s well as all real esta-.:e, f ixtures and equ i pmen-.: necessary or conveni ent theref or (c ollectively, the "Project"), which Project will be located within the boundaries of the Issuer and qualifies as a "project" with in the meaning of the hct in that such facilities are suitable for commercial or business enter- prises; and WHEREAS, the Partnership has given its assurance to the City that the Partnership will pay, or reimburse the City for payment of, any and all legal fees and expenses and administrative costs and expenses heretofore incurred or hereafter to be incurred by the City related to the Project and its financing, and that such agreement to pay or reim- burse the City is not contingent upon commencement or com- pletion of the Project or the financing; and WHEREAS, the Partnership has represented to the City that the Project will be designed to qualify as a "project" within the meaning of the Act; and WHEREAS, the City considers that the Project, if located within the City, will assist the City in promoting economic development and additional employment within the City; and WHEREAS, the City has considered the Partnership's proposal and has concluded that the economic and other -3- • I • • • • • benefits to the City will b e substanti al and that it wishes to proceed wi th the development and financing of the Proj- ect; and WHEREAS, the "C ity of Englewo od , Colorado, Industrial Development Revenue Bonds (King So opers Plaza Proje ct) Series 1984," in the aggregate principal a mount of $9 ,500,000 (the "B ond s"), will be issued, s ol d and deli v ered by the Issuer to Boettcher & Co mpany, Inc . of Denver, Colorado (the "Original Purchaser"), to provide funds to finance the Project, and to pay certain incidental costs incurred in connect i on with the issuance of the Bonds; and WHEREAS, there have been presented to the City Council of the Issuer: (a) a proposed form of Financing Agreement to be dated as of September 1, 1984 (the "Financing Agree- ment"), between the Issuer and the Partnership, (b) a pro- posed form of Indenture of Trust to be dated as of September 1, 1984 (the "Indenture"), between the Issuer and Denver National Bank, as trustee (the "Trustee"), (c) a proposed form of Bond Purchase Agreement, to be dated as of the date of the final adopt ion of this Ordinance (the "Bond Purchase Agreement"), between the Issuer and the Original Purchaser, (d) a proposed fcrm of Inducement Letter to be dated as of the date of the final adoption of this Ordinance (the "In- ducement Letter"), among the Partnership, the Issuer and the Original Purchaser, (e) the Preliminary Official Statement to be used by the Original Purchaser in connection with the -4- • I • - • • • • • pricing, marketing and sale of the Bonds (the "Preliminary Official Statement") and (f) a proposed form of final Offi- cial Statement (the "final Official Statement") to be dated as of the date of the final adoption of this Ordinance . NO\~, THEREFORE, BE IT ORD AINED BY THE CITY CO UNCIL OF THE CITY OF ENGLEWOOD, COLORADO THAT: Section 1. All action (not inconsistent with the provisions of this Ordinance) heretofore taken by the City Council and the efforts of the Issuer directed toward financing the Project, the issuance and sale of the Bonds therefor, and loaning the proceeds thereof to the Partner- ship therefor be, and the same hereby are, ratified, approved and confirmed. The distribution and use of the Preliminary Official Statement and the proposed distribution and use of the final Official Statement in connection with the sale of the Bonds is hereby acknowledged; provided, however, that neither the Issuer nor any officer or employee thereof has or assumes any responsibility for the accuracy or completeness of the information contained in the Prelimi- nary Official Statement or the final Official Statement. Section 2. The Issuer shall finance the Project, including the paying of incidental issuance expenses and, if necessary, a portion of the interest to accrue on the Bonds, by depositing the proceeds of the Bonds with the Trustee, the proceeds of which will be disbursed by the Trustee for -s- • I • • • • • • such purposes in accordance with the provisions and condi- ti ons of the Indenture. Section 3. To defray the cost of financing the Proj- ect , the paying of incidental issuance expenses, and, if necessary, a portion of the interest to accrue on the Bonds, there is hereby authoriz ed and created an issue of revenue bonds designated as the "City of Englewood, Color ado, Indus- trial Development Revenue Bonds (King Soopers Plaza Project) Series 1984," in the aggregate principal amount of $9,500,000, to be dated as of September 1, 1984. The Bonds shall bear interest from their date payable semiannually commencing on March 1, 1985 and on each September 1 and March 1 thereafter until maturity or prior redemption at the rates, and the Bonds shall mature on the dates and in the amounts set forth in the Supplemental Resolution to be adopted by the Issuer on August 27, 1984 (the "Supplemental Resolution"). Pro-vided, however, that the net effective interest rates on the Bonds shall not exceed 11 .00% per annum. The Bonds shall be subject to redemption as set forth in the Indenture, and shall be issuable solely as fully r egistered bonds, all in accordance with the provisions of the Indenture. The Bonds shall be in substantially the form provided for in the Indenture . The Bonds shall be sold to the Orig- i nal Purchaser for a purchase price set forth in the Supple- -6- • I • • - • • • • • mental Res o lution, all in accordance with the Bond Purchase Agreement . Section 4. The following determinations and findings are hereby made in accordance with the Act: (a) The Issuer is authorized by the Act to enter into the Financing Agreement for the public purposes expressed in the Act, and to assign its interest there- in to the Trustee pursuant to the Indenture; (b) The Issuer has made the necessary arrange- ments with the Partnership for the establishment within the boundaries of the Issuer of the Project, consisting of certain property more fully described in the Financ- ing Agreement, which will be of a character described in, and will accomplish certain public purposes contem- plated by, the Act; (c) In authorizing the financing of the Project and the issuance of the Bonds, the purpose of the Issuer is, and in its judgment the effect thereof will be, to create new or additional employment opportuni- ties, to promote industry and develop trade or other economic activity by inducing the Partnership to locate, expand or remain in the State of Colorado, to mitigate the serious threat of extensive unemployment in parts of the State of Colorado, to secure and main- tain a balanced and stable economy and to further the -7- • I • - • • • • use of the agricultural products and natural resources of the State of Colorado; (d) The Bonds shall be li mited obligations of the Issuer. The principal of, premium, if any, and inter- est shall be payable solely out of the revenues derived from the Financing Agreement. The Bonds and interest th ereon shall not constitute a general obligation or an indebtedness of the Issuer within the meaning of any provision or limitation of the Constitution or statutes of the State of Colorado, or the Charter of the City, and shall never constitute nor give rise to a pecuniary liability of the Issuer or a charge against its general credit or taxing powers . Neither the faith and credit nor the taxing power of the. Issuer, the State of Colorado or any other political subdivision thereof, is pledged to the payment of the principal of the Bonds or the interest thereon or other costs incidental thereto; (e) The amount necessary in each year to pay the principal of and the interest on the Bonds will be set forth in the Supplemental Resolution as Exhibit A and incorporated herein by reference, and the Financing Agreement requires such payments to be made by the Partnership ; there is to be no reserve fund established for the retirement of the Bonds or the maintenance of the Project; and since the Financing Agreement provides that the Partnership shall maintain the Project and -8- • I • • - • • • • • carry certain insurance with respect thereto, no deter- mination of the estimated cost of maintaining or insur- ing the Project need be made; and (f) The revenues of the Partnership will be sufficient to, and that the Financing Agreement pro- vides that the Partnership shall, pay all taxes which may be due and owing with respect to the Project. Section 5. The forms, terms and provisions of the Inducement Letter, the Financing Agreement, the Indenture, the final Official Statement and the Bond Purchase Agreement be, and they hereby are, approved, and the Issuer shall enter into the Inducement Letter, the Financing Agreement, the Indenture and the Bond Purchase Agreement, and shall execute the final Official Statement , substantially in the forms of each of such documents presented at this meeting but with such minor changes therein as are consistent here- with and as the officers of the Issuer executing such docu- ments shall approve, their execution thereof being deemed conclusive of their approval of any such changes; and the Mayor of the Issuer is hereby authorized and directed to execute and deliver such documents and the Ex Officio City Clerk/Treasurer is hereby authorized and directed to affix the seal of the Issuer to, and to attest, such documents in substantially the forms of each of such documents presented at this meeting. -9- • I • • • • • • carry certain insurance with respect thereto, no deter- mination of the estimated cost of maintaining or insur- i ng the Project need be made; and (f) The rev enues of the Partnership will be sufficient to, and that the Financ i ng Agreement pro- vides that the Partnership shall, pay all taxes which may be due and owing with respect to the Project. Section 5. The forms, terms and provisions of the Inducement Letter, the Financing Agreement, the Indenture, the final Official Statement and the Bond Purchase Agreement be, and they hereby are, approved, and the Issuer shall enter into the Inducement Letter, the Financing Agreement, the Indenture and the Bond Purchase Agreement, and shall execute the final Official Statement, substantially in the forms of each of such documents presented at this meeting but with such minor changes therein as are consistent here- with and as the officers of the Issuer executing such docu- ments shall approve, their execution thereof being deemed conclusive of their approval of any such changes; and the Mayor of the Issuer is hereby authorized and directed to execute and deliver such documents and the Ex Officio City Clerk/Treasurer is hereby authorized and directed to affix the seal of the Issuer to, and to attest, such documents in substantially the forms of each of such documents presented at this meeting . -9- • I • • ...... I • • • .. Section 6. The form, terms and provisions of the Bonds, in substantially the f o rm cont aine d in the Indenture, be a nd they hereby are, a pproved; and the Mayor is hereby authorized and directed to cause ~is facsimile signature to be affixed to the Bonds; the Ex Officio City Clerk/Treasurer is hereby authorized and directed to attest the Bonds with his facsimile signature, and each is authori zed to deliver the Bonds in the form contained in the Indenture but with such minor changes therein as are consistent with the Inden- ture and this Ordinance and as the officers of the Issuer executing the Bonds shall approve, their execution thereof being deemed conclusive of their approval of any such changes. The seal of the Issuer is hereby authorized and directed to be affixed to or imprinted on the Bonds. Section 7. The Mayor of the Issuer is hereby author- ized to approve the appointment of Denver National Bank, a national banking association with its principal office located at Denver, Colorado, as Trustee, bond registrar and paying agent, the execution of the Indenture by the Issuer being conclusive evidence of the approval of the Trustee. Section 8 . The officers of the Issuer shall take all action which they deem necessary or reasonably required in conformity with the Act to finance the construction and improvement of the Project which is hereby authorized, including the paying of incidental issuance expenses from the proceeds of the Bonds, and for carrying out, giving -10- • I • • - • • • • • effect to and consummating the transactions contemplated by this Ordinance, the Inducement Letter, the Financing Agree- ment, the Indenture, the final Official Statement and the Bond Purchase Agreement, including without limitation the execution and delivery of any closing documents to be delivered in connection with the sale and delivery of the Bonds. Section 9. The cost of financing the Project, includ- ing the paying of incidental issuance expenses, will be paid out of the proceeds of the Bonds. The Bonds together with interest payable thereon are special, limited obligations of the Issuer payable solely as provided in the Indenture. The Bonds or interest payable thereon shall never constitute the debt or indebtedness of the Issuer, the State of Colorado or any political subdivision thereof within the meaning of any provision or limitation of the Constitution or statutes of the State of Colorado, or the Charter of the City, nor shall anything contained in this Ordinance or in the Inducement Letter, the Bonds, the Financing Agreement, the Indenture, the Bond Purchase Agreement, the final Official Statement or any other instrument constitute or give rise to a pecuniary liability of, or a charge against the general credit or taxing power of, the Issuer, nor shall the breach of any agreement contained in this Ordinance, or any of the above-mentioned documents or instruments impose any pecuni- ary liability upon the Issuer, the Issuer having no power to -11- • I • - • • • • • pay out of its general fund, or otherwise contribute any part of the costs of financing the Project, nor shall the Issuer condemn any additional land or other property for the Project nor contribute any land or other property to the Project. Section 10. After any of the Bonds are issued, this Ordinance shall be and remain irrepealable until the Bonds and interest thereon shall have been fully paid, cancelled and discharged. Section 11. If any section, paragraph, clause or provision of this Ordinance shall for any reason be held to be invalid or unenforceable, the invalidity or unenforce- ability of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this Ordinance. Section 12. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith and with the documents hereby approved, are hereby repealed to the extent only of such inconsistency. This repealer shall not be construed as reviving any bylaw, order, resolution or ordinance, or part thereof. Section 13. Immediately upon its final passage, this Ordinance s~all be recorded in the City book of ordinances kept for that purpose, shall be authenticated by the signa- tures of the Mayor and the Ex-Officio City Clerk/Treasurer, -12- • I • • • • • • and shall be published in the Englewood Sentinel, a legal newspaper of general circulation in the City. Introduced, read in full, and passed on first reading the day of August, 1984. Published as a Bill for an Ordinance on the August, 1984. day of Eugene L. Otis, Ma y or Attest: ex off~c~o city Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify the above and foregoing ~s a true, correct and complete copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading the day of August, 1984. Gary R. Higbee -13- • I . • • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE Au gu s t 2, 1984 AGENDA ITEM 1L SUBJECT Industrial De velo pment Bonds for King So op e r s Complex INITIATED BY Ass istant City Manager for Economic De velopme nt ACT I ON PROPOSED Approv e Bill 11 35 and Schedule a Public Hearing f o r Au ust 27 1984 BACKGROUND : On Oc tober 7, 1981, the City Co uncil approved Resolution #43, Series of 19 81 , whi ch decl ared the intention o f t he City t o autho riz the issuance and sale of $220 ,4 88 ,000 of Industrial Dev e l opment R venu Bonds t o finance the p r iva t e de- v lo pmen t contemplated by Brady Enterpris s at that t im . Sine 19 81, there have been man y chan issuance o f indus trial develo pment bond changes , and the effect is t hat aft r D c l imited in th e amount of !DB 's th y can th f d ral law regarding l o cal month, Cong ress finalized those r 31 , 1 4, local governments will Engl ewoo d Redevelopers, Ltd., a limit d partn rship created by Brady , has reques ted th issuan ce of up to $9,500 ,000 of ID Bond t !inane th King Sooper s complex . Since the Ci ty Council passed t he Inducement e lution in 1981, it is poss ible t o cons ider this pres ent r e quest. The attached a pplication from Englewood Red v lepers, Inc ., includes informat ion on the project itself and how it will be finan c ed. Th staff has reviewed the application and documents, and conclude that it meets the guidelines established by the City Council in 1981 for the issuanc e of Industrial Development Revenue Bonds . Steve Bell, Hanifen-Imhoff, Inc., and Bill Lamm, Lamm, Edstrom & Braymer, have both reviewed the documents for the City and their comments will be avai lable at the meeting. RECOMMENDATION: It is recommended that the City Coun cil approve Bill 1135 and schedule a Public Hearing for August 27 , 1984 st 5:30 P . M • • I • - • • • • Application For J II ~ . 1984 Industrial Revenue Ronds From City of Englewood Requested by: Enslewood Redevelopers, Ltd. 1391 North Speer Boulevard Suite 300 Denver, Colorado 80204 • I • • • • • • Introduction Englewood Redevelopers, Ltd. (Owner), a Limited Partnership with Mr. S. Bud Brady as Mana~ing General Partner, is seeking Industrial Development Revenue Bonds (IDRBs) to finance the King Soopers Plaza at Trolley Square. Such bonds are available to the Owner through the Inducement Resolution passed by the Englewood City Council on October 7, 1981. This application follows the guidelines for such application as adopted on November 3, 1980. History The City of En~lewood ha~ heen working to establish a Downtown Redevelopment plan for several years. To enhance the financial feasibility of the redevelopmPnt, the City passed an inducement resolution for $22 0,488,000 of IDRBs. Issuance of IDRBs follows acceptance of application by the City Council. Mr. S. Bud Brady and Brady Development Corporation were named as redeveloper for the Englewood Redevelopment Project in late 1983. Since that time, plans for the development of several parcels have begun. Applicant's Background Mr. s. Bud Brady has been involved in the construction business through Brady Corporation since 1967. During the mid 1970's Mr. Brady had the opportunity to become involved in the development aspect as well. During the past several years Mr. Brady has reorganized Brady Corporation to correspond with the various disciplines employed at the company. A fully integrated business, the Brady Corporation has three subsidiaries, ~rady Developm e nt, Rrady Construction and Brady Management. This multi disciplinary approach allows interaction and management decisions to be made quickly. The following paragraphs provide information on the key personnel within the Brady organization. S. Bud Brady, President -Brady Corporation S. Bud Brady is the founclt 'r anrt chni rman of Brady Corporation. Mr. Brady has been in the construction business in Denver since 1953. In 1Q6fi, he formed Brady Corporation. Presently, Brady Corporation is wholly-owned by Mr. Brady. Brady Development Corporation, Brady Management Corporation and Brady Construction Corporation are wholly- owned subsidiaries of Brady Cor poration. The four corporations anticipate gross profits or approximately $4,000,000 for the fiscal year 1984-85. Hr. Brady has prepared a peraonal atate .. nt of financial condition as of April ~o. 1984. Th~ compiled atateaent of financial condition indicates that Hr. Brady had, aa of April 30, • I • • • • • .. 1QA~, total assets of $?Q,Q38,000, including real estate valued at $1,330,000 and accounts and notes receivable of $18,439,000. Total liahilities as of April 30, 1QR~ amounted to $1,622,000, including mortgaRes of $~22,000 and contrac ts payable on real estate, resulting in a net worth of $2A,376,000. The compiled statement of financial condition of Mr. S. ~ud Brady has been compiled at the request of Mr. Brady. Such compiled financial statements have not been reviewed or audited by an independent certified public accountant. Henry K. Burgwyn, President -Brady Development Corporation Henry K. Burgwyn has fifteen years experience in the real estate field. After graduating from the University of North Carolina, he worked for the City of Denver in a planning capacity in housing and community development . In 1Q?8, Mr. Burgwyn was named a vice- president of Midland Federal Savings and Loan Association. In this position, he was involved in transactions involving tax-exempt financing for residential and he ~l th facilities. In 1981, Mr. Burgwyn left Midland to establish a planning and development firm. In 1983, Mr. Burgwyn was named President of Brady Development Corporation. Richard F. Whiting CPM, President -Brady Management Corporation Richard F . Whiting, as President of Brady Management Corporation, directs leasing, sales and property management activities for all Brady Group projects. Hr. Whiting brings to Brady over 20 years of real estate experience in the Denver area including experience in many types of commercial real estate transactions. Mr. Whiting has had experience in development, leasing and management transactions. Hr. Whiting remains active in a variety of community and professional or~anizations and is a member of the Department of Real Estate at the University of Denver. The following briefly descr1bes various real estate developaent projects undertaken by S. Bud Brady, Parkway Center Brady Corporation has undertaken the development, construction and property •anagement of Parkway Center, a large •ixed-use development near the Denve r central business district. The $125,000,000 project was in1t1 a ted in 1Q78 through a federal Urban Development Action Grant to the Denver Urban Renewal Autho rity, whioh chose Brady as the redeveloper. Covering approximately 19 acres, Parkway Center includes 112 res idential townhouses and 938 high-rise apartments, a supermarket, a retail area, an eight-story office building and a parking structure. Construction of the Parkway Center Project was completed in NovemLer of 1Q83. Brady Corporation ia currently seeking occupants for the Parkway Center Project, As of the date of this Official Statement, the residential apart .. nts and I • • • • • townhouses are approxim~tely ~~J occupied, the supermarket is occupied, and the remaining retail and office space is approximately 15J occupied. Jasmine Place Jasmine Place is a $10,000,000 residential redevelopment project. This project is located in east Denver near the Colorado Medical Center. Jasmine Townhomes, consisting or 47 townhouse units opened for sales in May or 1984. .Jasnd ne Park East, a 58-unit condominium, is expected to open ror sales in ;-eptember or 1984. Sloan Lake Center Sloan Lake Center is locat crl on an approximately 12 acre parcel about two miles from downtown Denver previously occupied by the Children's Asthma Center. Th1~ residential center is anticipated to consist or approximately Boo un i ts to be built in two phases. The development has been conceived as an adult community with emphasis on older couples and individuals desiring to minimize maintenance an~ other responsibilities associated with home ownership. Units for sale and rental units or varying type ~ are anticipated to be offered. The high security project is exp ec ted to emphasize a wide range or available amenities. The value or the completed project is currently estimated at approximately $25,000,000, with construction scheduled to begin in August 1984. Clear Creek Crossing: Arvada In conjunction with the Wlnn Group and two other developers, Brady has been selected to redevelop approximately 64.5 acres or land within the Arvada Urban Renew al Area. Upon completion, the redevelopment is expected to consist or retail space, multi-family rental housing units and townh ou se and condominium units for aale. The first phase or the project, scheduled to begin in the Spring of 1q85, is anticipated to include a supermarket, convenience retail stores and 200 multi-family rental housing units for elderly, low and moderate-income households. In the second phase, Brady proposes to develop and construct 300 multi-family rental housing units for low and aoderate-inca.e households. The third phase is expected to include the development and construction or 100 townhouse units and 350 condominium units for sale. Spectrum, Aurora, Colorado Brady anticipates to form a partnership (the Aurora Partnership) with two Denver developers to develop the Spectrum at Aurora. The initial phase, scheduled to be~in construction during 1984, will include approximately 100,000 square root Convention Center and a hotel. I • • • • • • Project Description King Soopers Plaza at Trolley Square (the Project ) is comprised of a 51,545 square foot King Soopers store and 49,745 square feet of other retail. The Project is bounded by Broadway on the east, Girard on the south, Bannock on the west and Floyd on the north. Acoma Street which presently bisects the Project site will be vacated to provide adequate parking. Co nst ruction began in Hay 1984 and is scheduled for a December 19 84 completion. The project site is approximately 233,350 square feet and will contain parking for approximately 450 cars. Approx l ~ately 285 parking spaces will be on grade while the balance will be on a one-level parking deck. With the exception of the retail space facing Broadway, the retail buildings will be one level, on grade. The building facing Broadway will feature tw o levels of retail, the lower level recessed approximately eight feet from grade and the upper level approximately four above grade. Pedestrian walks will offer access to stores on both levels. Plans for buil dings in the Projec t call for masonry construction for the King Soopers store a nd retail buildings. A pre-engineered metal roofing system is planned for the retail areas. This element will give the Project a uniq ue architectural design for suburban retail centers. At present, only one suc h retail center is in the downtown Englewood area. It is the Safeway Store under construction on US 285. That project, however, will have no other retail. Project Financing The Project development cost s below, detail the project development costs for King Soopers Plaza at Trolley Square. The use of IDRBs creates a financially feasible project. An Appraisal by Jack Butler valued the project at $11,300,000. Rased on a 80J Loan-to- Value ratio, Englewood Redeve lopers, Ltd. ie seeking $9,000,000 in IDRB financing. Annua l principal and interest payments at 10 percent interest over 30 years would be $947,777.30. In comparison with conventional f inancing on the Project , this represents a savings of $1,~51,800 over seven years and $75,000 on development coste. Englewood Redevelopers, Ltd. ha s recei ved a proposal from Silverado Banking to provide Letter of Credit Backed Tax Exempt Financing. This method of f i nancing is descri bed in Appendix A following this application. Hriefly, this method of Tax Exempt Financing allows for the Honda to receive AAA rating through insurance provided by Industrial Indemnity Company. I • • • • • • Kin~ Soopers Pl~7.a at Troll~y ~quare Project Development Coals Construction Contract Architectural & Engineering Fees Other Fees Financing Fees/Carrying Charges Other Coats/Marketing Land Economic Benefit to the City $4,8]4,783 210,000 80,018 6011000 579,032 3,200,000 $9,504,833 =========== This project will add several economic benefits to the City of Englewood. It is anticipated that the pro.1ect will create approximately 200 jobs. This type of retail development generally uses the immediate employment base as a source of employees. Additionally, it is projected that the project will generate $76,000 annually in property taxes and $241,000 annually in sales taxes. • I • • • • • • AI'I'ENillX A Letter of Credit Ra c ked TaxExempt Financings FGC Services, Inc. announces the availahility of AAA-rated aurety insurance for City of Englewood issued Industrial Revenue Bonds backed by the Letter of Credit of Silverado Banking. The surety insurance is being offered by Industrial Indemnity Company ("Industrial Indemnity" as "Surety"), a Crum & Forster Company. The Industrial Indemnity surety policy guarantees the timely payment of the Letter of Credit if the Letter of Credit issuer fails to perform. is unconditional and irrevocable. The Industrial Indemnity surety policy Standard & Poor's Corporation rates financings insured by Industrial Indemnity's policies "AAA," the agency's highest rating. Englewood Redevelopers's, Ltd., (the "Developer") is of insufficient size to obtain a credit rating from one of the major securities rating agencies on the basis of its own merits. The Developer is also a small or infrequent user of public debt, ineffective. The Developer, making an independent credit analysis cost however, has established relationships with Silverado Banking (the "Bank") who knows the Developer, its personnel and its activities. This Bank is willing to provide a Letter of Credit, to secure the financing. Silverado Banking is not rated, or their rating aay be less than AAA. The Industrial In~emnity surety provides a promise to the investor of timely performance of the issuer of the Letter of Credit and provides for payment to the investor should the Guarantor fail to perform according to its obligation. The Guarantor need not be rated or reviewed for a "shadow" rating in order to qualify as an acceptable Rank. Industrial Indemnity will analyze the Bank and make ita own determination of the creditworthiness of the proposed Guarantor. Industrial Ind .. nity .. y accept the project to be financed as collateral for ita surety (the "Uncollateral1zed Pro«r .. ") • • I • • • • • • General guideline~ re~arding the structure of financial obligations to receive the Indu~trial Indemnity guarantee, information regarding the procedure for making a suhmission, premium charges, and data regarding the Surety follow. Guarantor questionnaires, specimen policies (as well as other specimen documents) and program information will be provided by FGC Services, as Agent for Industrial Indemnity Company. The State or Local Housinp: Finance Agency, or other issuer or Industrial Revenue Bonds (the "Issuer"), will issue tax-exempt revenue bonds to finance the construction and permanent mortgage loans on rental housing, commercial or other qualified public purpose projects to be located in the area of the Issuer. The financing structure may be a "Letter of Credit" backed financing, whereby bond proceeds are loaned to qualified trustees (the "Trustee") who in turn provide pr·oject financing to developers. The project loan to the developer will not secure repayment of the bonds. Rather, the bond security will consist of the Direct Pay or Standby Letter of Credit which may be a liability on the issuing Bank's balance sheet. The debt service will be structured to correspond to the project mortgage's repayment schedule, typically a 30-year amortization with a balloon payment due in the 12th year. Industrial Indemnity's Source of IndemnificHtion Industrial Indemnity will issue a surety policy which will assure to the investor that the Guarantor will meet ita obligation to pay debt aervice on the loan to the Lender or the Trustee. • I • • - • • • • (1) The Guarantor may be required to assign its right to the project to be financed to the Trustee for the financing, who will assign the project to the Surely as collateral should the Guarantor fail to perform according to its Guarantee; Premium Rates and Other Charges Should the Guarantor default under the terms of its loan from the Issuer or the Letter of Credit to the Trustee, or the Agreement with Industrial Indemnity, the Surety can require the Issuer to accelerate the Letter of Credit. For the Uncollateralized Program, the cost of the Industrial Indemnity Surety must be paid as a one time fee, at bond closing. The premium will be specified at the issuance of the Surety Commitment. For this program, the premium of the Surety is based principally on the credit quality of the Guarantor, the term and the average life of the financing; but the pricing of the insurance will be sensitive to financial market conditions relative to the interest rate differential between AA« and uninsured financings. Generally, the range of the coat of the premium will represent an effective rate of ~0 to 80 basis po ints annually, present-value to the closing date of the financing, at a rate to be specified by Industrial Indemnity. The premium is payable to FGC Services, Inc. as Agent for Industrial Indemnity. FGC Services will also collect the rating fee payable to Standard & Poor's Corporation and a legal counsel review fee which is payable to Chapman and Cutler as Special Counsel to Industrial Indemnity. I • • • • • . ,, -.. ~ Notice is hereby given that City of Englewood,Colorado will ~ .. conduct a pUblic hearing concerning the approval of the issuance of industrial development bonds in an amount not to exceed -$9,5QI,g~ by the City for the purpose of financing land acquisi- tion And construction of commercial and retail facilities includ- ing a King Soopera store and associated retail and parking areas to be owned by Englewood Redevelopers Limited, a Colorado limited · 1\l' partnership to be located in the 3300 blocks of South Broadway and ;J '~ ··· Acoma Streets. The bonds will not constitute a debt of the City .. /· but will be payable solely from loan repayments by the partner- ship. All interested parties are invited to present comments at the pUblic hearing regarding the bond issuance and the projects being financed thereby. The public hearing will be held on August • /::1-S ·, 1984 at 5130 P.M. at the Englewood City Hall located on 3400 ~'1 South Elati Street. / ) • I • • - • • • • • BY AUTHORITY ORDINMCE 00. SERIES CF 198,..,..4-- 4 A., COOOCIL BILL 00. 24 INTRaXX:ID BY COOOCIL MEMBER Hl<DAY AN ORDINMCE AH!H>It«; 'mE ~ICIPAL COOE CF 'mE CITY <F EHiLDJ<XX>, CXLORADO, BY AOOIK; A NDl SD:TION COOSTITUTIK; A PORTION OF 'mE aJo1PREHENSIVE ZQIIK; ORDitWCE FOR 'mE CITY CF EHiLDJ<XX>, CXLORAOO, FOR 'mE PURPOSE CF Pl040l'It«; 'mE HEALTH, SAFETY, I'DUU.S MD GENERAL WELFARE CF 'mE CQt1tiHTY; '1'0 Rm.JLATE, PERMIT, ClASSIFY MD RESTRIC'r 'mE APPEARA!CE, SIZE, CHARACTER, MD HEIGifl' OF FEN:ES; WHICH ORDINAN:E IS AOOPl'ID PURSUO\Nl' '1'0 'mE CXHlTITUTION OF 'mE STATE CF CXlLORAOO MD THIOJGH 'mE EXEICISE CF EOiERS GRANl'ID MD ICGJIR!D IN 'mE HQ4E RULE CHARTER AOOPI'ID IN 1958 BY 'mE CITY <F ~~ RI!XXXINIZIK; THAT Z<IIIK; IS ULTI~TELY A IOCAL MD IOHCIPAL ~TTER, 'mE INTF.Nl' CF THIS PORTIQI CF 'mE CQol~IVE ZQIIK; ORDI!WCE BElt«; '00 SUPERSIDE WITHIN 'mE TERRITORIAL LIMITS MD O'ftiER JURISDIC'riON CF 'mE CITY CF Et«;LDJ<XX> 'mE GENERAL LAW OF 'mE STATE CF CXLORADO IN ~IC'r HERDUTH, MD PRmCRIBIK; PENALTIES AS SET FORTH IN 'mE HliHCIPAL COOE CF 'mE CITY CF ~WHICH SHALL APPLY '00 VIOLATIONS CF 'mE PROVISIONS CF THIS ORDINMCE. t«M, 'niEREPORE, BE IT ~INID BY 'mE CITY COOOCIL CF 'mE CITY CF EIG.I!JiOOD, CXLORAOO, AS F(X.L(MS: Section 1. 'ttlere is hereby added to the fn;Jlewood Pllnicipal Olde of 1963, Title XVI, as lmiE!nded, the following section, ll«lich shall read: • I • • • • • • November 10, 1983 April 17, 1984 May 16, 1984 July 26, 1984 SECTION 16.9 FENCES AND RETAINING WALLS. A BUILDING PERMIT IS REQUIRED FOR ALL FENCES AND RETAINING WALLS. a. CLASSIFICATION OF FENCES AND RETAINING WALLS SHALL BE AS FOLLOWS: 1. MASONRY WALLS (DECORATIVE) ••••••••...•.••••••••• CLASS 1 2. ORNAMENTAL IRON ••••••••••••••••••••••.•.••.••••• CLASS 2 3. WOVEN WIRE ••••.••••••.••.•••••••••..••••••.••.•• CLASS 3 4. WOOD PICKET (MORE THAN FIFTY PERCENT [50%] OPEN) ........................................... CLASS 4 5. SOLID FENCES (WOOD OR METAL LESS THAN FIFTY PERCENT [50%] OPEN) ..................................... CLASS 5 b. THE HEIGHT OF ALL FENCES SHALL BE MEASURED FR<»f FINISHED GRADE. c. FENCES IN RESIDENTIAL DISTRICTS SHALL CONFORM TO THE FOLLOWING REQUIREMENTS: 1. FENCES ERECTED IN FRONT OF THE BUILDING LINE SHALL BE OF (}./! 0 CLASS 2 o 3, QR 4, AND SHALL NOT EXCEED A HEIGHT OF THREE (3) FEET SIX (6) INCHES. 2. SIDE YARD FENCES BACK OF THE FRONT BUILDING LINE MAY BE OF ANY CLASS BUT SHALL NOT EXCEED A HEIGHT OF SIX (6) '{ FEET -81" SAIB BW£bblN8 TO THE BACK PROPERTY LINE. 3. REAR YARD FENCES MAY BE OF ANY CLASS, BUT SHALL NOT EXCEED A HEIGHT OF SIX (6) FEET. SUCH FENCES SHALL NOT OBSTRUCT VISIBILITY AT THE INTERSECTION OF THE ALLEY WITH 2 I • • • - • • -2- r A STREET. IF A REAR YARD OF ONE PROPERTY ABUTS THE SIDE YARD OF AN ADJOINING PROPERTY, THE HEIGHT OF A FENCE CONSTRUCTED IN FRONT OF THE FRONT BUILDING LINE OF THE HOUSE ON THE ADJOINING PROPERTY SHALL NOT EXCEED 42 INCHES, AND SHALL BE AT LEAST 50% OPEN. 4. FOR BUILDINGS LOCATED ON CORNER LOTS, SIDE YARD FENCES IN THE YARD ABUTTING A PUBLIC RIGHT-OF-WAY CAN BE OF ~~-~~ czs-) CLASS 2, 3, OR 4 IN THE AREA 'l'UIH'\' !) PEE'f BE- HIND THE FRONT PROPERTY LINE AND SHALL NOT EXCEED A HEIGHT OF FORTY-TWO (42) in,ches. 5. NO FENCE, RETAINING WALL OR SIMILAR OBSTRUCTION SHALL BE ERECTED OR MAINTAINED WlllCH OBSTRUCTS THE VIEW OF ( PEDESTRIANS ON THE SIDEWALK, OR OBSTRUCTS THE TRAFFIC VISION AT INTERSECTIONS. FOR THE PURPOSE OF DETERMINING COMPLIANCE TO THIS SECTION, TABLE 16.9-A SHALL BE USED TO DETERMINE INTERSECTION CROSS-CORNER VISIBILITY; SUCH DETERMINATION SHALL BE MADE BY THE TRAFFIC ENGINEER. 6, NO BARBED WIRE OR OTHER DANGEROUSLY SHARP FENCE AND NO ELECTRICALLY CHARGED FENCE SHALL BE ERECTED OR MAINTAINED. 7. IN CASE OF A FENCE ERECTED ON TOP OF A RETAINING WALL, THE HEIGHT SHALL BE MEASURED FROM THE GRADE OF THE HIGH SIDE. IN CASE OF A FENCE ERECTED ADJACENT TO AND PARALLEL WITH A RETAINING WALL, BUT ON THE L~ SIDE OF SUCH WALLS, • THE HEIGHT OF THE FENCE MAY BE MEASURED FROM THE TOP OF THE WALL. 8. DOG RUNS SHALL BE LOCATED WITHIN THE REAR ONE-THIRD OF I • • THE YARD. 3 • • • • • • -3- 9. FENCES SHALL BE KEPT IN GOOD REPAIR. ANY DANGEROUS FENCE SHALL BE REMOVED OR REPAIRED WHEN SO ORDERED BY THE DIRECTOR OF COMMUNITY DEVELOPMENT OR HIS/HER DESIGNEE. APPEALS OF SUCH DECISIONS SHALL BE DIRECTED TO THE BOARD OF ADJUSTMENT AND APPEALS. 10. WHEN THE PUBLIC HEALTH, SAFETY, AND WELFARE WILL BE SUBSTANTIALLY SERVED AND A NOTARIZED COPY OF AN AGREEMENT BETWEEN THE NEIGHBORING PROPERTY OWNERS IS FILED WITH THE DEPARTMENT OF COMMUNITY DEVEL- OPMENT, THE DIRECTOR MAY VARY THE REQUIREMENTS OF THIS SECTION TO ACCOMMODATE SAID AGREEMENT. d. FENCES IN BUSINESS DISTRICTS SHALL CONFORM TO THE FOLLOWING REQUIREMENTS: 1. FENCES SHALL BE OF CLASS 1, 2, 3, 4, OR 5, BUT SHALL NOT EXCEED THE HEIGHT OF SIX (6) FEET. 2. BARBED WIRE OR SIMILAR MATERIALS MAY BE ADDED TO THE TOP OF A FENCE WHICH IS NOT LESS THAN SIX (6) FEET ABOVE GRADE. 3. FOR REGULATIONS REGARDING REQUIRED SCREENING FENCES, SEE SECTION 16.5. 4. NO FENCE, RETAINING WALL OR SIMILAR OBSTRUCTION SHALL BE ERECTED OR MAINTAINED WHICH OBSTRUCTS TRAFFIC VISION AT STREET INTERSECTIONS AS DETERMINED BY THE TRAFFIC ENGINEER. FOR THE PURPOSE OF DETERMINING COMPLIANCE TO THIS SECTION, TABLE 16.9-A SHALL BE USED TO DETERMINE INTERSECTION CROSS-CORNER VISIBILITY. 5. FENCES SHALL BE KEPT IN GOOD REPAIR. ANY DANGEROUS FENCE SHALL BE REMOVED OR REPAIRED WHEN SO ORDERED BY THE DIRECTOR OF COMMUNITY DEVELOPMENT OR HIS/HER DESIGNEE. 4 I • - ( • • • • • -4- e. FENCES IN INDUSTRIAL DISTRICTS SHALL CONFORM TO THE FOLLOWING REQUIREMENTS: 1. FENCES ERECTED IN FRONT OF THE BUILDING LINE SHALL BE OF CLASS 1, 2, 3, 4, OR 5, AND SHALL NOT EXCEED A HEIGHT OF SIX (6) FEET. 2. SIDE AND REAR YARD FENCE SHALL NOT EXCEED A HEIGHT OF TWELVE (12) FEET AND MAY BE OF CLASS 1, 2, 3, 4, OR 5 CONSTRUCTION. 3. BARBED WIRE OR SIMILAR MATERIALS MAY BE USED AT A HEIGHT OF NOT LESS THAN SIX (6) FEET ABOVE GRADE. 4. FOR REGULATIONS REGARDING REQUIRED SCREENING, FENCES, OR WALLS, SEE SECTION 16.4-13k AND 16.4-14k. 5. NO FENCE, RETAINING WALL OR SIMILAR OBSTRUCTION SHALL BE ERECTED OR MAINTAINED WHICH OBSTRUCTS TRAFFIC VISION AT STREET INTERSECTIONS. FOR THE PURPOSE OF DETERMINING THE COMPLIANCE TO THIS SECTION, TABLE 16.9-A SHALL BE USED TO DETERMINE INTERSECTION CROSS-CORNER VISIBILITY; SUCH DETERMINATION SHALL BE MADE BY THE TRAFFIC ENGINEER. 6. FENCES SHALL BE KEPT IN GOOD REPAIR. ANY DANGEROUS FENCE SHALL BE REMOVED OR REPAIRED WHEN SO ORDERED BY THE DIRECTQR OF COMMUNITY DEVELOPMENT OR HIS/HER DESIGNEE. 7. THE HEIGHT OF MATERIALS OR EQUIPMENT BEING STORED SHALL NOT EXCEED THE HEIGHT OF THE REQUIRED SCREENING FENCE OR WALL . f. BUILDING PERMIT REQUIRED. IT SHALL BE UNLAWFUL TO COMMENCE THE CONSTRUCTION OF ANY FENCE OR RETAINING WALL UNLESS OR UNTIL A PERMIT HAS BEEN ISSUED THEREFOR. 1. APPLICATION FOR PERMIT. APPLICATION FOR A PERMIT TO INSTALL 5 I • ( 0 • 2. • • • -5- A FENCE OR RETAINING WALL SHALL BE MADE TO THE DEPARTMENT OF COMMUNITY DEVELOPMENT ON FORMS PROVIDED THEREFOR. REQUIREMENTS FOR PERMITS. EACH APPLICATION FOR A PERMIT TO CONSTRUCT A FENCE OR RETAINING WALL SHALL BE IN WRITING AND SHALL BE ACCOMPANIED BY TWO (2) COPIES OF A SITE PLAN DRAWN TO SCALE. GIVING ADEQUATE INFORMATION AS TO THE STREET ADDRESS OF THE PROPERTY ON WHICH THE FENCE OR RETAINING WALL IS TO BE INSTALLED. THE LOCATION OF THE FENCE OR RETAINING WALL ON THE PROPERTY • THE CLASS OF FENCE • THE HEIGHT OF THE FENCE OR RETAINING WALL • THE MATERIALS TO BE USED. AND SUCH OTHER DATA AND INFORMATION AS MAY BE REQUIRED BY THE DEPARTMENT TO CLARIFY THE REQUEST. IN ADDITION. FENCES OVER SIX (6) FEET IN HEIGHT AND RETAINING WALLS SHALL COMPLY WITH THE REQUIREMENTS OF THE UNIFORM BUILDING CODE. 3. ISSUANCE OF PERMIT. IF THE PROPOSED FENCE OR RETAINING WALL AS SET FORTH IN THE APPLICATION IS IN CONFORMITY WITH THE PROVISIONS OF THE ORDINANCE AND OTHER ORDINANCES OF THE CITY OF ENGLEWOOD • A PERMIT SHALL BE ISSUED. 4. DISAPPROVAL OF A PERMIT. IF THE APPLICATION FOR THE PERMIT IS NOT APPROVED. THE APPLICANT SHALL BE GIVEN A WRITTEN STATEMENT DETAILING THE REASONS FOR SUCH DISAPPROVAL. 6 • I • • - • • TABLE 16.9-A INTERSECTION CROSS-CORNER VISIBILITY TYPE OF INTERSECTION CONTROL APPROACH X (ft) y (ft) XL> (fl:) SPEim ;I u Local Street with Local Street None 25 50 50 50 Local Street with Local Street 2-way Stop 25 55 15 55 l.ocal Street with Local Street 2-way Stop 30 55 15 5S Local Street with Collector Street 2-way Stop 30 55 15 55 Local Street with Collector Street 2-way Stop 35 55 15 55 Local Street with Arterial Street 2-way Stop 35 55 15 55 J.ocal Street with Arterial Street 2-way Stop '•0 55 15 55 Collector Street with Collector Street 2-wny Stop 35 55 15 55 Collector Street with Arterial Street 2-way Stop 35 55 15 55 Collector Street with Arterial Street 2-way Stop 40 55 "15 55 ~----------x.----------~ I"'E--------xb-----;•1 ------------. -• ------------ • I • • 7 • - ( • • • • . . • Section 2. The following legal provisions shall apply to this ordmance: A. 5eparability Clause. If any part of this Ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this Ordinance. The <l:>mcil of the City of !n3lewood hereby declares that it would have {Xlrased and set forth this Ordinance as is in each article, section, subsection, clause or {Xlrase hereof, irrespective of the fact that any one or more articles, sections, sentences, clauses and {Xlrases be declared unconstitutional. B. SCOpe. This Ordinance relates to zoning, and it does not repeal, abrogate, annul, or in any way impair or interfere with existing provisions of other laws or ordinances. ~re this Ordinance imposes a greater restriction upon land, buildings, or structures than imposed or required by such existing provisions of law or ordinance, the provisions of this Ordinance shall control. C. Violation and Penalty. Any person, firm, or corporation that violates, dis- obeys, anits, neglects or refuses to canply 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 constitute a separate offense. Any buildings erected, raised, or converted or land or pranises used in violation of any provisions of this Ordinance, or any arnenanent hereto, is hereby declared to be a cannon nuisance and such cannon nuisance may be abated in such manner as nuisances are now or may hereafter be abated. o. Necessity. The City Council hereby finds, determines, and declares that this Ordinance is necessary for the Uunediate preservation of the public peace, health, safety and convenience. Introduced, read in full, csnended and passed as csnended on the 2nd day of July, 1984. Published as a Bill for an Ordinance, as amended, on the 4th day of July, 1984. Read by title and passed on final reading on the 6th day of August, 1984. Published by title as Ordinance ~----' Series of 1984, on 8 • I • • ( c • • • • the 8th day of August, 1984. Attest: &Jgene L. 0t1s, Mayor ex off1c1o C1ty Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of &lglewood, Colorado, hereby certify that the above and foregoing is a true, accurate and oanplete oopy of the Ordinance passed on final reading and published by title as Ordinance M:l. , Series of 1984. -- Gary R. Higbee 9 • I • • NAME • • • Before The CITY COUNCIL -on ff h __L_-I h_() IV- ADDRESS TELEPHONE Cf7~ 5, ~T..G. ff';o I 7fl~flo~.R (" <:#--/~ 12,2 -I {,C(C:, ~-~-f'/ fp I WISH TO ADDRESS THE CITY COUNCIL OBSERVER IN FAVOR IN OPPOSITION I NO POSITION X 7\ • y X X ----~-- ~~ -b . --• '"" -, .. a...J I I -) v c -. • 0 • ,. • jr-Before The CITY COUNCIL t:C;-?~ LfJ it . ~on I I WISH TO ADDRESS THE CITY COUNCIL I NAME ADDRESS TELEPHONE OBSERVER IN FAVOR IN OPPOSITION NO POSITION I 1L;; L J1n 'AL 50d! S~· 7?1 -:?:J.tn X I . I "' I ' i • I ., ~· I I I ! I I ~ (~ . ---~-----"-~ -~---··-· -. - - ~:f~-~ ~ • I I • Ll ) ) -~ .. s-• ~ • ;_ ' ....! -- • • • • / ORDINNCE 00.0 j SERIES <F 1984 • • • BY AUTHORITY CCXJN:IL BILL 00. 25 IN'l'R()[){X;ID BY CCXJN:IL MEMBER BRAOOHAW AN <R:>INA!CE MDI>IOO 'l1fE MliUCIPAL aDE <F 'l1fE CITY <F ~9'1000, BY AIDIOO THERETO A NDi ~I<»f 16.4-13 [LIGfl' ItiXJSTRIAL], TITLE XVI, CXMPREHENSIVE Z<»fiOO ORDI!WCE, TO REGJLATE USES IN 'l1fE 1-1 Z<»fE DISTRICT, Atl:> TO AILCloi foi:BILE RJ1E PARI<S AS A PERMITTED PRitCIPAL USE; WHICH ORDI!WCE IS AOOPI'ED PURSllMn' TO 'l1fE ~ITUTI<»f <F 'l1fE STATE <F ca.oRAOO Atl:> 'mRCXXiH 'l1fE EXEICISE <F ~ GRAm'ID Atl:> ACCUIRID IN 'l1fE RJ1E RULE CHARTER AOOPl'ID IN 1958 BY THE CITY <F ~. RfDXiNIZIOO '!HAT Z<»fiOO IS ULTIMATELY A LOCAL Atl:> ~ICIPAL MATTER, THE lm'Oll' <F THIS PORTION <F 'l1fE CXMPREHENSIVE ZONIOO ORDI!WCE BElt«; TO SUPERSEDE WITHIN 'l1fE TERRITORIAL LIMITS Atl:> OTHER JURISDICTION <F 'l1fE CITY <F ~9'1000 'l1fE GENERAL LAW OF 'l1fE STATE <F CXlLORADO IN <llNFLICT ~ITH, REPEALIOO PORTIONS OF ORDI!WCE 00. 26, SERIES <F 1963, AS AMEH>ID, Atl:> PRE9:RIBIOO PENALTIES AS SET FORTH IN 'l1fE ~ICIPAL COOE <F 'l1fE CITY OF f2G.DlOOO WHICH SHALL APPLY TO VIOLATIONS <F THE PROVISIONS <F THIS ORDINAOCE, Atl:> DB:LARIOO AN EMERCZICY • WHEREAS, the City Planning and Zoning Camlission, after public hearing held on March 20, 1984, recannended in their Findings of Fact that I-1 [Light Industrial], CCmP£ehensive zoning Ordinance, be adopted as section 16.4-13 of the fhglewood ttmicipal Code '69, as amended; and WHEREAS, City Co~.neil hereby amends the l!l'C '69, as amended , by adopting new section 16.4-13 of Title XVI. lUi, THEREFORE, BE IT ORDIHNID BY 'l1fE CITY ClXJtCIL <F 'l1fE CITY <F f2G.DlOOO, COLORADO, as follo11B: section 1. 'ftlat Title XVI of the fhglewood ttmicipal Code '69, as iliiliided, is amended, by adding new section 16.4-13 to read as foll011B: • I • • - • • • • • - Section 16.4-13 I-1 Light Industrial Dhtrict 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-l Industrial District should be located near major roadways and truck routes so that traffic generated from the Industrial District will not flood the residential streets in the area. The regulations for this District are designed to stabilize and protect the essential characteristics of the District as well as the areas surrounding the District. To the.a ends, develop.ent is limited to light industrial uses ·plus certain uses providing services to the area, and regulations are established to pro- vide for adequate screening and to govern the District. Both to protect residences fro• an undesirable environment and to ensure the reservation of adequate areas for industrial development> new residential development is excluded fro• this district, except for ~aeili~iea-aa-a 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 THE NECESSITY FOR UPGRADING EXISTING MOBILE HOME PAaU WITHIN THE CITY OF ENGLEWOOD, COLORADO, MOBILE HOKE PARXS WILL BE PERMITTED IN THIS ZONE DISTRICT. IN OlDER TO ASSURE THE AMENITIES WITHIN EXISTING MOBILE HOKE PARKS THAT WILL II ~~HABILITATED 01. EXPANDED AND NEW PARKS WHICH HAY BE DEVELOPED, SUCH PAnS SHALL IE CONSTRUCTED IN ACCORDANCE WITH A DEVELOPMENT PLAN, FOR WHICH STANDARDS, SPECIFICATIONS AND REGULATIONS ARE SET FORTH HEREIN. a. hppl-llH!}' GENERAL reaulations. The provisions found in this Zone District shall be subject to the requirements and s t andards found in Section 16.5, S~pple .. ••••Y GENERAL Resula- tiona, unless othervi.a provided for in this Ordinance or an a .. nd .. nt hereto. -2- • I • • • • • • • • b. Permitted principal uses. No land shall be uaed or occupied and no structure ahall be designed, erected, altered, used or occupied, except for one or •ore of the following uses: (1) ANY USE PERMITTED IN THE B-2 BUSINESS DISTRICT EXCLUDING RESIDENTIAL USE EXCEP~ AS PERMITTED IN SECTION 16-4-12 b (2) RESIDENTIAL, MOBILE HOME PARKS. (2) MOBILE HOME PAU PLANNED DEVELOPMENT, SEE DEVELOPMENT PROCEDURE AND ST~S, SECTION 16.4-12 •• AND 16.4-13 n. (3) Manufacturing, proceaaing and/or fabrication. The aanufacturing, processing and/or fabrication, as enumerated and limited herein, of any co..adity except the following WHICH ARE PROHIBITED: Abrasives, basic aanufacture; Alcoholic distillation; Ani .. l by-products, baa1c .. nufacture and proceasing; Aaphalt, aanufacture and processing; Bone Black, basic aanufacture; Br-ery; Carbon black or la.p black, baaic .. nufacture; Charcoal, baaic .. nufactura; Che.tcala, heavy or induatrial, baaic .. nufacture or proceaaina; Cinder and cinder blocka, baaic .. nufacture or fabrication; Coal or coke, .. nufacturing or proceas1ng; Concrete and concrete products, aanufacture or fabrication; Detergents, aoapa and by-products, uaing an1 .. 1 fat, basic .. nufacture; 1 ~ .. rie-pewe•-ae.a .. ee•-aeaeieRt Per.entad fruita and veaetable product&, .. nufacture; Pert1lizera, .. nufacture or proceaa1na; -3- • I • - • • • • • • Fungicide&, .. nufacture; Gasaes, other than nitrogen and oxygen, manufacture Glaaa aanufacture; Glue and size, aanufacture Grain a11Ung; Graphite, aanufacture; GypiiUa &lid other foraa of plaeter baae, aanufacture; Inaecticidea, aanufacture; Insulation, fla..able types, manufacture or fabrication; Katchea, aanufacture; Heat elaughtering; Metals, extraction or ·saelting; Hatala, ingote, pige, eheets, or bare, aanufacture; Metal ehredding, auto shredding and eimilar operations; Oile and fate, aniaal and vegetable, aanufacture; Painte, pig .. nte, ena .. le, japans, lacquere, putty, varnishes, vhitina and vood fillere, aanufacture or fabrication; Paper pulp and cellulose, basic aanufacture; Paraffin, .. nufacture; Petroleum and patroleua producte, aanufacture or proceeeing; Portland and eiailar ce .. nte, .. nufacture; lubber, .. nufacture, or reclaiming; Savaill or planing aille; Seruaa, toxine, viruses, manufacture; Sugare and etarchee, aanufacture; -4 - • I • • - • • • • • • • Tannery; Turpentine, aanufacture; Wax and wax producta, aanufacture; Wood preserving by creosoting or other pressure impregnation of wood by preservatives; (4) Sale at vholeeale or storage: The aale at vholeaale, the warehouaing and/or atorage of any coaaodity except the following WHICH ARE PROHIBITED:. (a) Live •·ARM animals; (b) Coaaercial explosives; (c) Above-ground bulk storage of flammable liquids or gasses, unleaa and only to the extent that the atorage of such liquida or aaaaea ia directly connected with energy or heating devicea on the premises or to aervice railroad locomotives • (5) Sale at retail: The aale at retail of the following: (a) Harclvare i (b) Any co..adity aanufactured, processed, •• fabricated OR WAaJHOUSED on the preataas; +e~-_..y e ..... ,.y --••h••ee4-ea-•he-, ....... y (c) lquip .. nt, supplies and aateriale (except co ... rcial explosives) des1aned especially for use in agriculture, aining, industry, buainess, transportation, buildina and other construction 0 (6) Repair, rental and servicing: The repair, rental and eervicing of any ca..odity, the ~~anufacture, proceseina, fabrication, warehoueing or eale of which coaaodity is peraitted in the District; -s- • I • • , • • • • t§t--Aa~lenee-eePvieet tit--AR'--l-heepieely-•~••-~••-~e-eneleee4-in-e-eiw-~&t-Eeee-eeli4-Eeneet t~t--Any-•ae-in~n4e4-ee-ppevi4e-•~•eemene-e•-eneereeinmen•-en-pay.ene e~-e-fee-e•-•4aiaaien-eheptet ~lt--hnkt ~9t--al.ep•ift•inst ~l-8t--GKaiey-4ea .. l-e•--••••lt (7) Contractor yard for vehicles, equip .. nt, aaterials and/or supplies: A contractor yard for vehicles, equip.ent, materials; and/or supplies which co.plies with all of the following conditions: (a) Is properly graded for drainage, surfaces with concrete, asphalt, oil or any 'other dust-free aurfacing and maintained in good condition, free of weeds, dust, traah and debris; (b) Ia provided with barriers of auch di .. nsions that occupants of adjacent structures are not unreasonably disturbed, either by day or by night, by the .ave .. nt of vehicle&, machinery, equip .. nt or supplies; (c) Ie provided with entrance& and exita ao located aa to aint.iae traffic congeation; (d) Ia provided with barrier& of auch type and ao located that no parked vehicle& will extend beyond the yard apace or into the required acreening area if adjoining or adjac-e nt to a reaidential diatrict; (e) Liahting facilitiea are ao arranged that thay neither unreaaonably diaturb occupant& of adjacent raaidential propartiaa nor interfere with traffic. ~u~-....... ..._l..._., .. .._, ~lit--lleee•ie-.. ~ ... e .. nt -6- • I • • • • • • ~14~--Gee-reavl .. e•-s~•ieftt (8) Greenhouee; tl6~--~eh••• ... iest ~l~~--~•.e•-eee .. -~sale-~y-pee..,e+t il8~--He~l-e•-heeelt il9~--Neee•-vehiele-ee ... ee-e•-•••elifte-eR4-eil-eepviee-seeeieftet (9) Newspaper distribution station; ofal~~ffieeet (10) Parking and/or co..ercisl storage of operable vehicles; t23~--Pe•-e•••••t ii4~--P•ive~-e._~T-le4se-e•-f••~•Rieyt tas~--Pv~lie-~vil4jaaet (11) Railroad facilities, but not including shops; ofi~+--Relis .. •e-ift8e ... eiBRst ta8~--Reeeev•eRest ~a9~--&e¥iaae-ea•-leBR-eeeeeieeieftt (12) School for training in occupational skills, enrollment may be open to the public or liaited, .. y include doraitories for students and instructors; ~~~-~eiepM--.---.., (13) Terainal for intracity or intercity vehicles for .ovement of pereons or freiaht; ofiir-VUliey .......... -seee .. at (13) WAREHOUSING AND/OR STORAGE. (14) ANY SIMILAR LAWFUL USE WHICH, IN THE OPINION OF THE COHHISSION, IS NOT OBJECTIONABLE TO NEARBY PROPERTY BY REASON OF ODOR, DUST • SMOKE, FUMES , GAS, HEAT, GLARE, RADIATION OR VIBRATION, OR IS NOT HAZAIDOUS TO THE HEALTH AND PROPERTY OF THE SURROUNDING AREA THROUGH DANGU OF PillE Oil IIPLOSION. -7- • I • • • • • • c. PROHIBITED USES. (1) NO SALES Oil SEllVICE ACTIVITY SHALL IE ALLOWED FROH ANY TEMPORARY STRUCTURE OR VEHICLE WHEN A BUILDING PERMIT APPLICATION HAS NOT BEEN SUBMITTED FOR A PERMANENT BUILDING OR STRUCTURE TO REPLACE THE TEMPORARY STRUCTURE. (2) THE HEIGHT OF MATERIALS OR EQUIPMENT BEING STORED SHALL NOT EXCEED THE P.!IGHT OF THE SCREENING, FENCE OR WALL. d. tt.xt.a. aroaa floor area in atructuraa. The au• total of the aroaa floor area in all atructures on a lot, excluding the arose floor area of off-street parking garages, shall be not greater than two (2) ti.as the area of the lot on which the structures are located. THIS DOES NOT APPLY TO MOBILE HOHE PARKS. e. Mini.u• yeP4 SETBACK. Where an 1-1 building site abuts upon, adjoins or ia adjacent to a reaidential zone district, a aetback of ten (10) feet is required except as provided in Section 16.4-13 k. THIS DOES NOT APPLY TO MOBILE HOKE PARKS. f. Mini~ private off-atreet parking. (See ivppla .. a~a~¥ GENERAL Regulations.) I• Minta. private off-atreet loading. (See '-~ .... ~•~¥ GENERAL Reaulationa.) h. Accaaaory buildina• and peraitted acceaaory uaaa. ADy acceaaory buildiaa or uaa incidental only to a paraitted principal uaa, which acceaaory buildina or uae co~liaa with all of the followina conditione: (1) MOilLE HOHE PARK PLANNED DEVELOPMENT (a) SERVICE BUILDING. (b) PARK OFFICE AND MANAGER'S LIVING UNIT. (c) ll!CiliATIOMAL FACILITIES, lOTH INDOOR AND OUTDOOR, PROVIDED POll Til! USE OP OCCUPANTS OF THE PARK AND THE Ill GUESTS. (d) STOilAGE UIIITS AND IUILDINGS. -8- • I • • • • • • • I . • • • • • . -~ I ' I . • • • - • • • • (e) PRIVATE OFF-STREET PARKING, MAY BE ENCLOSED. (f) VENDING MACHINES FOR THE CONVENIENCE OF THE OCCUPANTS OF THE PARIC., I.E., SOFT DRINK, CANDY OR ICE-DISPENSING MACHINES. (&) DAY CARE CENTER. (2) ALL OTHER PERMITTED PRINCIPAL USES. THE ACCESSORY USE SHALL: (a) Ia IE clearly incidental and custoaary to and coanony associated with the operation of the Peraitted Principal Use. (b) ie IE operated and aaintained under the saae ownership, or by leseees or concessionaires thereof, and on the same lot as the Peraitted Principal Use. (c) 8eee Not include structures or structural features inconsistent with the Peraitted Principal Use. (d) Ieee Not include residential occupancy ••eep~ OTHER THAN by caretakers or watch .. n; (e) lf-.,. ..... _,. .. ,ell7-e.-ea• .. el7-lR-4e•eehe4-e• .. ~••eey-.. eh ._...._......_ .... e-ehell Be U.aited to a aroes floor eree of not ~r• then ten (10) percent of the area of the lot on which the Peraitted Principal Uee is located, IF THE ACCESSORY USE IS OPDATED PARTIALLY OR ENTIRELY IN DETACilED STRUCTURES. (f) J10T II CUATD THAN TEN (10) PERCENT OF THE GROSS FLOOR AREA OP 'l'IIE STRUCTURE CONTAINING THE PBIHITTED PRINCIPAL USE 1f operated partially or entirely within the struct ure containina the Peraitted Principal Use ~•-a .. ee-flee•-a• .. -w••h•a-.. eh -9- • I • - • • • • • • B~PI:Iet't:~Pe-ttt'ilieeol-ity-eteeeaaery-ttsea (except garages, lua<lin~: docka and company dining rooms). ehali-ite-fte~-aree~er-~hea-*ea fiQ~-pereea~-ei-~he-areae-ilear-erea-ei-ehe-a*•t:~e*~:~•e-eeateiaiaa ehe-PePaieee4-Priaeipel-YeeT i. Conditional uaea. Provided the public interest ia fully protected and the following uaea are -,proved by the City Planning and Zoning eo .. iaaion and City Council: (1) Uaea (a) Auta.abile Wrecking Yards and Junk Yards. (i) Any auta.abile wrecking yard or junk yard opened after the effective date of this Ordinance shall be on a parcel or adjoining parcels of not less than one acre but not to exceed one and one-half acres. (11) Any auto.abile wrecking yard or junk yard approved pursuant to the provisions of this Ordinance or any existing auto.abile wrecking yard or junk yard expanded under the provisions of thia Ordinance, shall be sat back no leaa than 150 feet froa the boundary line of any residential •• reei4eaeial-p•••easieaal zone district. (111) Any auto.abila wrecking yard or junk yard approved pursuant to the provisions of this Ordinance shall be enclosed on ita periaeter with a solid, nontransparent vertical vall (iv) or fence with a ainiaua height of aix (6) feet and a aaxiaua of tvalve (12) feat .. aaurad froa around level, Fences of woven wire or chainlink aaterial shall be prohibited. Any autoaobile wrecking or junk yard approved purauant to the proviaiona of thia Ordinance and all yarda exiating -10- • I - • • • • • on the effective date of this Ordinance shall comply with Section 1 throuah 11, incluaive, Chapter 2, Title VI of the 1969 Englewood Municipal Code, as amended, entitled Auto vreckin& and junk yarda, and all other applicable codes or ordinances. (v) Any auta.obile wrecking yard or junk yard which is licensed by the City of Englewood on the effective date of thia Ordinance ahall be deemed to be an approved yard Whether or not it has a minimum area of one acre, and such yard aay be expanded onto abutting property provided that such expanded yard conforms to the require-nts of thia and any other applicable codes or ordinances. (b) Adult Entertain.ent and/or Service Facility. (i} No adult entertainment or aervice facility shall be located on any site unless such site is not less than the diatance limitation as required by this aection: A. 1,000 feet from the location of another auch facility; and 1. 500 feet from the boundary line of any reaidential diatrict defined in the Coaprehenaive Zoning Ordinance, ~di=··n ~ 36, lerjea ol '863, -~•••••• includiq, but not liaited to, a-1-A, a-1-1, a-1-c, R-2, a-2-c, R-2-C/S.P.S., R·3, or a~4 or aiailar zone diatrict in an area adjoining the City of Englewood, or any religioua inatitution, public park, public library, community center, or educational institution, whether within or without the City of Englewood • c. Heaaure .. nt of diatancaa. All diatancea provided herein ahall be -••urad aa follova: 1. With reapect to the diatance between a location -11- • I • • - • • • • for Vhicb aa &d~lt aatartata.aat or .. rvica facility ie propo .. d aDd a location Vhare auch a facility eaieta, tha dietaaca ehall be .... ~red by follovina a etrataht line froa the nearest poiDt of tta. property line of the propo .. d licenaed pre.t .. a to tta. a-reet point of tta. property lba of tha eaiett.q Uceae&d prau .. a. 2. With reepect to the diataace froa the bo~ndary lba of a r .. ideatial diatrict or aay raltaio~• iDetit~tiOD, p~blic park, public library • c-.nity .. c., or eclucetioaal iDetit~tioo, tta. diataace alaall lila ..... red by folloviq a atrataht liDe fraa the MUeat poiDt of the property liD• of dae propoeed liceDMd prelli .. a to the aeareat poiat of the dietrict boundary liDe; or iD the caee of a reli&iou iDetitutioo, public perk, ,..u.c 1~87. c-·t~ ceDter, or &ducatiODal iDetitutiOD, the diataace ehell be ....urad by fou-.. a atratabt liDe fr• tha aeareat poiDt of tha proper~ Uaa of tba propoaed liceDMd pu.ieea to tbe aaar .. t poillt of tba property lba of a rali&iou iDetitutiOD, public park, pultlic lt.brary, ~ity ceDter, or aclucetioaal iDetitutiOD. S. -..n the propoaacl locatiOD of aa adult •tarta~t or •nice facility ie a YeceDt percal of l&Dd 11f0D ... ich DO perait baa -D ieaued for tbe coaatruc tt.OD of a but.ldt.q • all dt.ataacea -12- I • • - • • • • • shall be .easured from the nearest point of the property line of the land proposed as a location for an adult entertain.ent or service facility. Where the proposed location of an adult entertainment or eervice facility is a vacant parcel of land upon which a perait has been issued for the construction of a per .. nent building for such use, all distances shall be .. aaurad froa tha nearest point of the property line as shown on the autvey 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 COHHEaCIAL RECREATIONAL FACILITIES, POOL HALLS, OR SKATING RINKS. j. Liaitations on external effects of uses. !vary uae aatabliahed or placed into operation after the effective date of thia ordinance shall coaply forthwith with the followina limitations. All uaaa aatabliahad and in operation on the effective date of thia ordinance aball be -de to co~~ply with the follovina liaitations;_._., (1) Volu-. of sound aenerated. Every uae, unleaa expressly exe~ted by this ordinance, shall be ao operated that the volu-. of sound inherently and recurrently aenaratad does not axcaed aevanty (70) decibels at any point of any boundary line of the lot on which the uee ia located, (2) Vibration aenerated. Every use shall be so operated that the around vibration inherently and recurrently aenerated ia not perceptible, without inatru-.nta, at any point of any boundary line of the lot on which the uae ia located. -13- I • • - • • • • • (3) Eaisaion of heat, alare, radiation, dust and fumes. Every use shall be ao operated that it does not emit an obnoxious or dangerous dearee of heat, alare, radiation, dust or fu.es beyond any boundary line of the lot on which the use is located. (4) Outdoor atoraae and waste disposal. (a) No hiahly fl .... ble or explosive liquids, solids or gasses shall be stored in bulk above around. Tanka or druaa of fuel for railroad loco.otive fuelina or directly connectina with eneray devices, heating devices, or appliances located on the same lot as the tanks or dru.s of fuel are excluded from this provision; (b) All outdoor storage facilities for fuel, raw materials and products and all fuel, raw .. terials and products stored outdoors shall be enclosed by a solid fence or wall adequate to conceal such facilities, fuel, raw .. terials and products from adjacent residential districts; provided, however, that such fence or wall need not exceed eight (8) feet in height; (c) No .. terials or waates shall be deposited upon a lot in such fora or .. nner t~at they may be transferred off the lot by natural causes. (5) LIQUEFIED PETIOL!UM GAS INSTALLATIONS SHALL CONFORM '1'0 CUU!NT FlU CODE UQUIUMIMTS. (6) 110 USE SHALL IE UNDERTAKEN IN A KANNER THAT COATES A COMMON IIUISAIIC!. k. Screani!!l .• 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 dee.ed necessary that the owner of the uae in the industrial aone district taka certain .. aauraa to protect those paraona in the raaidantial district. PERSONS IN THE U:SIDENTIAL DISniCT SHALL IE PIOTECT!D froa the possible advarae affects of the noise and ltahta fro• cars, the paaaaae of .. tariala or wastes from parkin& lots, -14- • I • • - • • • • • loading areas and storaae yards and to discouraae juveniles from trespassing in hazardous areas where the storage of equip.ent and supplies may create an attractive nuisance. ONE OF the following provisions are SHALL BE applied: (1) SETBACK/SCREENING IN ADDITION TO THE LANDSCAPING REQUIREMENTS. TH~ PROPERTY LINE WH~RE IT ABUTS, ADJOINS OR IS ADJACENT TO A RESIDENTIAL DISTRICT. TH~ SETBACK area shall be landscaped with lawn, trees and shrubs of both a deciduous and everareen variety. ihe-laa4aeapift& "-4rihweHr-l'eettr-te.aaeHa-eP-elt~eaa-ei-e.... SUCH LANDSCAPING PLAN SHALL BE FILED WITH THE BUILDING PERMIT APPLICATION. (2) AS AN ALTERNATIVE TO SECTION (1). If The portion of the ~il4ias-aiae PROPERTY which abuts upon, adjoina or ia adjacent to the reaidential zone district ia-aea-ahe ~il4ifts-e••••aeer-~••-••-• .. 4-fep-eff-ea .. e•-P••~iasr-iea4iaa-•• ~-... ..,._.f_....,.._.r__.._ • ._le-ea4~•-••PPlieer-•heaa-•••• shall be aaalasa4 SCREENED by a decorative, closed-face or solid concrete, block, wood, or brick well FENCE not leas than aix (6) feet blah, which well FENCE need not be set back fro• the property line. (3) NO BUILDING OR PORTION THEREOF SHALL QUAUn AS A WALL, SCRil:EN, OR FENCE UNDER THE PIOVISIONS OF THIS SECTION. An exception to thia provtatou SECTION k ahell be aade aa neceaaary at an 1ntar- aaction or at an entrance to an alley or driveway in order not to obatruct the --wN-~---·~--'-' ... '---~-. .. _. _ _.. ... _.._. ... __ .,~ ... 4 e,-the-IVI~~BI¥1~~ except aa provided in Section 16.9 e 5. -15- • I • • • • • • 1. LANDSCAPING. SEE SECTION 16.4-19. LANDSCAPING ORDINANCE. a. PROCEDURE FOR DEVELOPMENT OF MOBILE HOME PAIKS. (1) MOBILE HOME PARK DEVELOPMENT PLAN REQUIRED. AT THE TUIE THE APPLICATION IS SUBMITTED FOR THE MOBILE HOKE PARK PLANNED DEVELOPMENT, EITHER FOR THE EXPANSION OF AN EXISTING PARX OR FOR A NEW PARX; THE APPLICANT SHALL SUIHIT TWENTY-FIVE (25) COPIES OF A DEVELOPMENT PLAN FOR 111E 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 IN SEC'!'ION n (2) HEREOF. (2) THE PIOCEDUIE FOR PROCESSING THE DEVELOPMENT PLAN SHALL BE IN ACCORDANCE WITH SECTION 22.4A OF THE COMPREHENSIVE ZONING ORDINANCE; HOWEVER, WHERE ADDITIONAL INFOilKATION Oil SPECIFIC PROCEDURE IS REQUIRED HEREIN, THOSE PROVISIONS SHALL PREVAIL. n. STAJID.UDS FOil DEVELOPMENT OF MOilLE HaU PAIKS. (1) MOBILE HOME PAIK 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 IE MADE nu PIOH KAaSHES, SWAMPS, Oil OTHER POTENTIAL BlEEDING PLACES FOR INSECTS Oil IODENTS. THE SITE SHOULD HOT BE EXPOSED TO UNDUE CHRONIC NUISANCES SUCH AS NOISE, SKOU, FUMES OR ODORS. THE TOPOGRAPHY ON THE MOBILE HOME PARX SITE SHOULD BE FAVORABLE TO KINIHUH GRADING, MOilLE 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) INFOilKATIOM TO ACCOMPANY THE MOBILE HOME PAIK DEVELOPMENT PLAN. A C(»(PLETE DEVELOPMENT PLAN FOR THE PURPOSE OF OBTAINING A MOBlLE -16- • I • - • • • • • HOME PAIUC PDMIT SHALL IE DllAWN TO SCALE (NOT LESS THAN l" EQUALS 20') AND SHALL SHOW OR STATE: (a) . THE AREA AND DIMENSIONS OF THE TllACT OF LAND. (b) CONTOUilS WHEN TOPOGllAPHY IS A DESIGN FACTOR AND REQUIRED BY THE CITY INGIMED. (c) THE NUHIER, LOCATION, AND SIZE OF ALL MOBILE HOHE DWELLING UNIT SPACES, Vl'l1l EACH SPACE DESIGNATED AS ''MOBILE HeME" AND SHOWING THE LOCATION OF THE INDIVIDUAL STOllAGE 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 MANEUV ERlNG AREAS. (f) THE LOCATION OF THE SERVICE BUILDINGS AND ANY OTHER EXISTING OR PROPOSED STRUCTURES, INCLUDING THE OUTLINE OF THE STRUCTURES AND OVERALL DlMENSIONS. (&) THE LOCATION AND INTENDED DEVELOPMENT OF RECREATION FACILITIES AND OTHER OPEN AREAS, EXCLUDIIIG PARKING AND MANEUVERING AREAS. (h) 'l1lE SIZE AND LOCATION OF EXISTING AND PROPOSED WATER AND SEWER COIQIECTIONS, LOCATION OF FIRE BYDIANTS, AND METHODS TO IE USED FOR. TRASH AND GWAGE DISPOSAL. (1) DESIGNATED FIRE LANES . (j) ADJACENT STREETS, SHOWING R.IGHTS-QF-WAY AND llOADWAY WIDTHS . (k) ADJACENT BUILDINGS, SHOWING OUTLINES OF THE BUILDINGS AND THE HUMID OF FLOORS • (l) PLANS AND SPECIFICATIONS FOR ALL BUILDINGS, UTILITIES AND OTHER IMPilOVDIENTS CONSTRUCTED OR TO IE CONSTRUCTED WITHIN THE PARK. (a) ANY ADDITIONAL INFORMATION WHICH WILL AID IN THE CONSIDEllATION OF THE PllOPOS!D MOilLE HOME PARK DEVELOPMENT PLAN . -17- I • - ( • • • - (3) MINIHUK AREA OF MOBILE HOME PAllX. (a) MOBILE HOHE PARK •••••••••••••••••••••••••• EIGHT (8) ACRES (4) MAXIMUM DENSITY. (a) MOBlLE HOHE PAJUC. •••••••••••••••••••••••••• EIGHT (8) MOBILE HOHE DWELLING UNIT SPACES PER ACRE. (5) MAXIMUM LOT COVERAGE. 'DIE MAXlHUM COVUAGE OF THE MOBILE HOHE LOT SHALL BE 35% EXCEPT AS PROVIDED HEREIN: (a) WIIEilE A llOOF AllEA, SUCH AS A CAllPOR'l' OR OUTDOOR RECllEAl'ION SIIELT~S, IS OPEN FOR 50 PERCEN'l' OR HORE OF l'£S PERlHE'I'EK, l'l'S LOT COVERAGE SHALL BE COMPUTED AS ONE-HALF THE AREA COVERED BY THE ROOF. (b) WilDE THE LOT IS ADJACENT, AND HAS ACCESS TO IMPROVED COMMON OPEN SPACE, OTHEil THAN VEHICULAR AREAS, AND NOT LESS THAN 20 FEET IN WIDTH, AN ADDITIONAL 5 PEilCENT OF THE LOT MAY BE OCCUPIED. (6) MINIMUM LOT DIMENSIONS AND SHAPES. MINIMUK LOT WIDTHS AND AllEAS SHALL IE AS REQUIRED TO MEET LOT COVEilACE AMD YAilD, MOBILE IDtE AND BUILDING SPACING, AMD OTHD UQUIUltEMTS AS SET FOilTil BEllE IN. SO LONG AS THESE llEQUIIlEHENTS AlB MET, AMD THE USULTINC LAYOUT OF THE LOTS IS FUNCTIONAL AMD PROVIDES FOil EFFICIENT PROVISION OF UTILITIES AND FOR CONVENIENT PEDESTRIAN AMD VEHICULAR ACCESS, LOT LINES SHALL NOT BE REQUIRED TO IE PDPENDICULAil TO STREETS Oil llADlAL TO CURVES, AND LOT SHAPES MAY TAU AMY POIM, PROVIDED, H(N!VU, THAT IN NO CASE SHALL AMY AREA ON THE LOT MORE THAN 50 FEET FR!»t THE MOBILE Ht:»tE, NOJ. AMY PORTION OF THE LOT LESS THAN 10 FEET IN MINlMUM DIMENSION BETWEEN OPPOSING LOT LINES, IE INCLUDED IN J.EQUIIlED LOT OR OPEN SPACE AREA. -18 - • I • • - • ( • • • .. • (7) P!lliMETEa YAilDS. (a) ADJOINING PUBLIC STREETS. WilDE ONE OR HORE BOUNDARIES OF THE MOBILE HOH£ PARX PLANNED . DEVELOPMENT ADJOIN PUBLIC STREETS, A YARD OF AT LEAST TWENTY-FIVE (25) FEET IN DEPTH SHALL BE PROVIDED ADJACENT TO SUCH BOUNDARY. (b) ADJOlJIING ALLEYS. WilDE THE BOUNDARY OF A MOBILE HOME PARK PLANNED DEVELOPMENT ADJOINS AJi ALLEY, A YARD OF AT LEAST TEN (10) FEET IN DEPTH SHALL BE PROVIDED ADJACENT TO SUCH BOUNDARY. (c) ADJOINING A RESIDENTIAL DISTRICT. WH!IlE A MOBILE HOHE 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 INTER- VD'INC STREET OR ALLEY, A YARD OF AT LEAST TWENTY (20) FEET IN DEPTH SHALL IE PROVIDED ADJACENT TO SUCH BOUNDARY. (d) ADJOINING A BUSINESS OR INDUSTRIAL DISTRICT. WIIEU A MOBILE IIOHE PARX PLANNED DEVELOPMENT ADJOINS A BUSINESS OR INDUSTRIAL DISTRICT (8-1, 11-2, I-1, I-2) WITHOUT AN INTERVENING STUET OR ALLEY, A YARD OF AT LEAST TWENTY (20) FEET IN DEPTH SHALL liE PROVIDED ADJACENT TO SUCH BOUNDARY. (a) EXCEPTIONS. IF DETERMINED NECESSARY IN ORDER TO PROVIDE PROTECTION TO USIDENTS WITHIN A MOBILE HOME PARX DEVELOPMENT FROH EXCESSIVE TRAFFIC MOISE, LIGHTS OR OTH!Il ADVERSE INFLUENCES FROM OUTSIDE OF THE DEVELOPMENT, A GREATER DEPTH AND/OR APPROVED SCREEN PLAMTING, WALLS OR FENCES HAY liE REQUIRED IN A YARD. SUCH DETDMIHATION SHALL BE HADE IY THE CITY PLANNING AND ZONING COMKISSION IN CONJUNCTION WITH THE CONSlDEIATION OF THE -19 - I • • • • • • • MOBILE HOME PAB PLANNED DEVELOPMENT PLAN. (f) INCLUSION AS PAllT OF INDIVIDUAL LOTS AND YARDS. EXCEPT AS OTHDWISE MAY BE SPECIFICALLY PROVIDED, THE YARD MAY BE INCLUDED IN INDIVIDUAL LOTS AND USED TO MEET YARD OR AllEA I.EQUlllEMENTS FOil THE MOBILE HOKE THEilEON, IF THE YA.'W IS APPROPRIATELY LOCATED AND IMPROVED. (I) LIMITATIONS ON USE OF YARDS ADJOINIMG llESIDENTIAL DISTRICTS. NO GROUP PAJU(ING FACILITIES AND NO ACTIVE ReCREATION FACILI'flj;S FOil CMtON USE SHALL BE LOCATED IN ANY REQUIRED YARD 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 AllEA, [) ~~-- PROVIDED THAT IN NO CASE SHALL THE REQUIRED LlVAnLE~SPACE _BE LESS D€ THAN 300 SQUAll! FEET. SUCH REQUIRED LIVABLE/\SPACE SHALL HAVE A LEAST DINEIISION OF NOT LESS THAN FIFTEEN (15) FEET. SUCH SPACE SHALL IE LOCATED FOI. PRIVACY, CONVENIENCE AND OPTIMUM USE AND SHALL BE WALLED, RNCED OR PLANTED TO ASSUI.E I.EASONABLE PlllVACY. WITHIN SUCH AJlEA, AM ADA SUITABLY SURFACED FOR THE PLACEMENT OF GARDEN OR LAWN FUI.IIITUU SHALL IE PROVIDED, WHICH SURFACED AllEA SHALL BE NOT LESS THAN 100 SQUAllE FEET IN AllEA WITH A LEAST DIMENSION OF TEN FEET. THE SURFACED ADA MAY BE A MOVABLE ELDtENT IN OI.DER TO PERMIT MAXIMUM n.EXIBILITY !N PllOVIDINC FOR A VARIETY OF MOBILE HOME WIDTHS, FLOOR PLAMS AND LOCATIONS OM THE LOT. THIS AI.EA MAY IE COVDED WITH A I.OOF, CREATING A UCREATIONAL SHELTEil, SUBJECT TO LIMITATIONS ON IIAXIH\JH LOT COVUAGE. PARING ADAS AND DRIVEWAYS SHALL NOT IE INCLUDED IN I.EQUIRED LIVI~LE OPEN SPACE. -20- • I • • • • • • (a) YARDS, OPEN SPACE ADJACENT TO MOBILE HOKE UNITS AND SPACING OF UNITS. (1) INTENT. YARDS AND OTHER OPEN SPACES REQUIRED HEREIN IN RELATION TO THE NOBILE HOKE DWELLING UNITS ARE INTENDED TO PERPOBH A VARtETY OF FUNCTIONS. AMONG THESE ARE TO ASSURE ADIIQUATE RIVACY, AND TO PIOVIDE USABLE OUTDOOR LIVING SPACE, A DESIRABLE OlJTLOOl. FROK THE PRINCIPAL LIVING ROOM EXPOSUU:, NATURAL LIGHT AND VENTILATION, ACCESS TO AND AROUND THE UNITS, OFF-STREET PARKING AND SPACING BETWEEN THE MOBILE HOKE DWELLINGS AND BETWEEN THE DWELLING UNIT AND OTHER BUILDINGS FOR REDUCING POTENTIAL ADVERSE EFFECTS OF MOISE, ODOR, GLARE, OR HAZARDS FJ.OK FIRE. IT IS INTENDED IN THESE REGULATIONS TO RELATE REQUIREMENTS TO PERFOJIHANCE OF THESE FUNCTIONS, ALLOWING MAXIMUM FLEIIBILITY IN DETAILED SITE PLANNING PLANNING AND USE Ill SO LONG AS PDFOIIHANCE STANDARDS ARE MET. (11) DWELLING UNIT EXPOSURE AND OUTLOOK. POll PUilPOSES OF llELATING I.EQUIIDCENTS '1'0 FUNCI'l'ON, YARDS, AND OTHER OPEN SPACES AROUND THE MOBILE HOME DWELLING UNITS, DISTANCES BETWEEN DWELLING UNITS AND OTHitll BUILDINGS SHALL BE DETERMINED BY EXPOSURES AND OUTLOOKS FllOH 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 ROOK EXPOSURE TO OUTDOOR LIVING AlliA THIOUCH -21- • I • • - • ( • • • • MAJOR WINDOWS AND/OR GLASSED DOORS. PRIME CONSIDERATION HERE IS DIIlECT 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 ROOM, EITHER HAY BE SELECTED AS THE CLASS A EXPOSURE, AND THE OTilD SHALL IE CONSIDEUD CLASS C. CLASS A EXPOSUilES. MUUMUH OPEN SPA<,:E DEPTH FOR CLASS A EXPOSURI'S SHALL BE 15 FEI''f. THI' CLASS A l'XPOSURE SHALL Bl' 1~ LlVAULE SPACE, REQULREU OR OTHER, ON THE LOT, AND NOT TO PAltKING AREA OR DR.IVE- WAY AJlEA. I. CLASS I -PORTIONS OF WALLS CONTAINING THE ONLY WINDOWS FOR BEDROOMS, 01 PRINCIPAL WINDOWS AND/OR GLASSED DOORS POl BEDROOMS, WHElE PIIVACY, MODERATE OUTLOOK, AND LIGHT AND All AlE PRINCIPAL CONSIDERATIONS. CLASS I EXPOSUilES. MINIMUM OPEN SPACE DEPTH FOR. CLASS I EXPOSURES SHALL BE 10 FEET. THIS HAY INCLUDE LIVABLE OPEN SPACE, AND PAJU{ING AND DRIVEWAY AJlEAS ON THE LOT . C. CLASS C -PORTIONS OF WALLS CONTAINING SECONDARY WINDOWS POl BEDROOMS , WINDOWS FOR UTCKENS, BATHROOMS, UTILITY lOOKS, AND THE LIKE, SECONDARY WINDOWS FOil LIVING ROOMS, OR EXTERIOR DOORS OTHER THAN ENTRIES WITH CLASS A ORIENTATION, WHERE WINDOWS INVOLVED DO NOT INVOLVE PRIVACY OR ARE SO LOCATED, SHIELDED, 01 AlE OF SUCK A NATURE THAT NECESSARY PRIVACY IS ASSURED, AND WHEU LIGHT, AIR, AND rillE PlOTECTION -22- • I • • n - ( ( • • • • ARE PRINCIPAL CONSIDERATIONS. CLASS C EXPOSURES. MINIMUM OPEN SPACE DEPTH FOR CLASS C EXPOSUilES SHALL IE 8 FEET. THIS HAY INCLUDE THE SAME TYPES OF OPEN SPACE AS FOR B. D. CLASS D -PORTIONS OF WALLS CONTAINING NO WINDOWS, DOORS, OR OTHER OPENINGS, BUT NOT SO CONSTRUCTED OR SAFEGUARDED AS TO IE SUITABLE FOR ATTACHMENT TO OTHER DWELLING UNITS OR PRINCIPAL BUILDINGS. PRINCIPAL CONCERN IN SUCH CASES IS WITH FIRE PROTECTION. CLASS D EXPOSURES. MINIMUM OPEN SPACE DEPTH FOR CLASS D EXPOSURES SHALL BE 5 FEET. THIS HAY INCLUDE THE SAME TYPES OF OPEN SPACE AS FOR B. !. CLASS E -PORTIONS OF WALLS CONTAINING NO WINDOWS, DOORS , OR OTHER OPENINGS , AND SO CONSTRUCTED OR SAFE- GUARDED AS TO PROVIDE AT LEAST ONE-HOUR FIRE PROTECTION IF IT WERE ATTACHED TO ANOTHER MOBILE HOHE DWELLING UNIT OR TO A PEIKITTED BUILDING. CLASS E EXPOSURES. NO MINIHUH OPEN SPACE DEPTH REQUIRBHENTS. (9) DISTANCE TO CCHION AREAS. DC!PT AS PROVIDED ABOVE, DISTANCE FROM AMY EXPOSURE TO A STREET PAVIH!NT oa TO THE EDGE OF A ~ON DRIVEWAY, A COMMON PARKING AJlEA, A aHIOII WALK, OR OTHER C<HtON AREA SHALL IE AT LEAST 8 FEET. FOR CLASS A EXPOSURE, THIS DISTANCE SHALL IE AT LEAST 15 FEET. CARPORTS OPEN IN A MANNER WHICH ASSURES COMPLIANCE WITH THE PROVISIONS OF Section (5) (tiAXIMUH LOT COVERAGE) HAY EXTEND TO WITHIN 4 FEET OF A COM- MON SIDEWALK ADJACENT TO A STREET OR COMMON PARKING AREA, OR TO WITHIN 4 FEET -23- I • • ( ( • • • - OF THE STREET PAVEMENT Oil CCJtHON PABING A&EA IF NO SUCH SIDEWALlt IS INVOLVED: JUT THE CAllPOllT HAY NOT IE IN THE llEQUlllED LIVABLE SPACE Oil IN ANY PORTION OF THE OPEN SPACE WHICH CONSTITUTES A CLASS A EXPOSlltE. (10) CARPORTS, INDIVIDUAL RECREATIONAL SHELTERS, STORAGE FACILITIES IN REQUIR~ OPEN SPACE. (a) CAUORT. A CARPORT ENCLOSED FOR SO PERCENT OR LESS OF ITS PERIMETER, AND WI"ni ENCLOSURE 01' 10 PEKCEN1' OR LESS OF l'HE l'OR'l'lON 01' l'CS PERIHl"TER OPPOSI1'E ANY CLASS 8 OR C EXPOSUR E , HAY BE LOCATlill IN ANY PORTION OF THE OPEN SPACE ON THE LOT WHICH IS NOT REQUIRED LIVABLE SPACE AND DOES NOT CONSTITUTE CLASS A EXPOSURE. (b) INDIVIDUAL UCilEATlONAL SHELTEil. AN INDIVIDUAL RECREATIONAL SHELTEil (AS DESCiliiED IN SECTION tt ENCLOSED FOil SO PEilCENT Oil LESS OF ITS PEiliMETEil IN A HANNER WHICH DOES NOT CONSTITUTE UNDESIIlAILE IKPEDIKENT TO VIEW Oil FlllE HAZARD HAY IE LOCATED IN ANY LIVABLE SPACE ON THE LOT. (c) STOIAGE FACILITIES. STORAGE FACILITIES HAY IE INCLUDED AS PART OF THE ENCLOSURE FOil CAllPOilTS AND llECREATIONAL STRUCTUilES SUBJECT TO THE LIKITATIOIIS SET I'OilTH AIOVE . INDEPENliENT STOilAGE STilUCTUUS OONTAUIING NOT HOllE TIWI 100 CUBIC FEET OF STORAGE SPACE HAY IE LOCATED IN ANY PORTION OF llEQUIIlED OPEN SPACE OM THE LOT • PROVIDED THAT AS LOCATED AND CONSTilUCTED SUCH STRUCTURES DO NOT OOIISTITUTE UNDESlllAILE UIPEDIMEIITS TO VIDI Oil PillE IIAZAilDS . (11) SPACING OF MOilLE liOHE DWELLING UIIITS 011 ADJACENT LOTS. MIIIIIUI UQUlllED DISTAMCES IETWEDI MOIILI HOME DWELLIIIG UMITS • Oil ADDITIONS T1IUETO ENCLOSED FOR HOU THAN SO PDCDIT OF THElll PII.DlETEllS • -24- • I • • ( ( ( • • • .. • SHALL BE THE SUM OF THE REQUIRED DISTANCES FOR THE EXPOSURES INVOLVED. (12) EQUIVALENT SPACING ALTERNATIVE. AS AN ALTDNATIVE TO PROVIDING REQUIIt.ED 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 FORK APPROPRIATE TO THE EXPOSURES INVOLVED BY DECREASING CLEARANCE FROM THE LOT LID ON ONE LOT AND INCUASDIG CLEAIANCE FROM THE LOT LINE ON THE OTHER, THIS AUANCEMENT MAY BE PEJIHITTED, PRO~IDED THAT ACCESS FOR SERVICING AND MAINTENANCE OF UNITS INVOLVED CAN BE ASSURED, AND t"UK'J'IIl •:K PKOVJDim "l'IIAT HlNlHUM OPEN SPACE DEPTII I'OR CLASS A EXPOSURES SHALL BE LOCATED ON THE SAME LOT AS THE UNIT. THUS, FOR EXAMPLE, IN A ROW OF LOTS ON WHICH CLASS A EXPOSURES FACED CLASS C EXPOSURES, CALLING FOI. MINIMUM OPEN SPACE DEPTH OF 15 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 MOilLE IIOHE SHALL HEI.EAFTEil IE OCCUPIED UNLESS IT IS PAUED IN AN APPI.OVED MOBILE HOME PAD.. (b) NO MOilLE IDlE SHALL IE OCCUPIED IN A MOBILE H<ltE PAIUt UNLESS THE MOBILE H<ltE IS SITUATED WITHIN A DESIGNATED SPACE AND ON A HUD APPI.OVED FOUNDATION OR ON A CONCI.ETE SLAB OF NOT LESS THAN FOUl. (4) INCHES IN THIClMESS AND NO SMALLER THAN THE OUTSIDE DIKIMSIOMS OF THE MOilLE 11(1(! TO IE ACCQIH)DATID. (e) JACU, 01. STAIILU!I.S, OR PI.ECAST COMCI.ETE BLOC~ WITH A IASB 110T LESS THAN 16" x 16" x 4", MUST IE PLACID UIIDEil THE FUM1 OF THE MOilLE HOME TO PI.EVENT MOVEMENT ON THE SPI.UIGS WHILE Tilt: 110HE IS PAU.ED FOI OCCUPANCY. -25- • I • - ( • ( • • • • (14) SKII.TING. ALL MOBILE HOMES SHALL IE PERMANENTLY SITED ACCORDING TO HUD STANDARDS OR SHALL IE COMPLETELY ENCLOSED FIIOM THE FLOOR TO THE GROUJl) WITH A NONCOMBUSTIBLE HATEiliAL. ENCLOSURES SHALL IE 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 SCUD oa GI.ILL HAVING OPDIIIGS NOT LESS THAN ONE-QUART!.ll INCH (~") IIOR ttOaE THAN ONE-HALF INCH (it") IN ANY DIMENSION. ONE ACCESS DOOR, A MINIMUM OF EIGHTEEN INCHES BY TWENTY-FOUR INCHES (18" x 24"), SHALL BE INSTALLED IN THE SKillTING AHEAD OF THE FRONT AXLE AND ONE BEHIND THE REAR AXLE OF THE MOBILE HOME. (lS) MOBILE HOME WIND SECURITY. EACH MOBILE HOME IN A MOBILE HOME PAU SHALL IE PROTECTED AGAINST WIND POilCES BY THE INSTALLATION OF OVERHEAD TIES AND FUME TIES ANCHORING THE HOME SECUJ.ELY TO THE GROUND, AS FOLLOWS: (a) REQUIRED NIMIER AND TYPE OF TIES. (1) MOBILE HOMES 30' -SO' --3 FUME TIES PER SIDE. (11) MOBILE HOMES SO' -70' --4 FRAME TIES PER SIDE. (111) MOBILE HOMES OVER 70' --S FlAME TIES PER SIDE. (1v) OVER-THE-HOME TIES AS CLOSE TO EACH END AS POSSIBLE WITH STRAPS AT STUD END AND JlAPTD LOCATION. (v) POSTS FOR CABANAS AND AWNINGS MUST BE SECURELY ANCHOUD TO A CONCRETE PATIO OR JQUIVALEM'l' FOOTING. (b) ANCHORING SPECIFICATIONS • (1) AUGD OR DEADMAN TYPE ANCHORS, 6" IN DIAMETD. AUOWHEAD TYPE ANCHORS, 8" IN DIAMETER. (11) AUGER OR A.U0WKEAD ANCHORS SHOULD I! SUNK TO DEPTH OF FOUR FEET. "DEADMAN" TYPE A.NCHORS SHOULD IE SUliK TO -26- • I • - ( ( ( • • • .. • depth of five feet. (111) ANCHOR ROD, 5/8" DIAMETER WITH ENDS WELDED CLOSED TO FORM AN EYE. MUST BE HOOKED INTO CONCRETE WHERE USED IN DEADMAN ANCHORS. (c) TIE AND CONNECTOR SPECIFICATIONS. (1) TIES SHALL BE GALVANIZED STEEL STRAPS 1\" x .035 OR WOVEN VIlE, GALVANIZED OR STAINLESS STEEL CABLE 3/8" DIAMETER OR \" AIRCRAFT CABLE. (11) CONN~CTORS SHALL II~ TURNBUCKLES 5/8" D1AHE"l"~R OF DROP FORGUD STEEL WITH ENDS WELDeD OR FORGED CLOS~D TO FORM AN EYE OR OTHER TENSIONING DEVICES OF SIMILAR STRENGTH. (16) STANDARDS FOR STREET SYSTEM. (a) THE STREET SYSTEM WITHIN THE PAIUt SHALL BE SO DESIGNED THAT ACCESS TO ALL LOTS USED FOR PAIUtiNG MOBILE HOMES SHALL BE FROM WITHIN THE PAIUt. NO LOT SHALL BE SO LAID OUT OR IMPROVED AS TO PEKKIT DIIECT ACCESS TO ANY PUBLIC STREET OR HIGHWAY. (b) STUETS LEADING INTO THE PAB nmt PUBLIC STUETS AIID HIGHWAYS SHALL BE PAVED TO A WIDTH OF AT LEAST 40 FEET FOR A DISTANCE OF AT LEAST 100 FEET FJ.OM THE PUBLIC STIEET OR HIGHWAY, AND NO PAUING SHALL BE PERMITTED ON SUCH STREETS WITHIN 25 FEET OF T11E PUBLIC STREET Oll HIGHWAY. (c) OTHER STllEETS IN THE PARK SHALL BE PAVED TO A MINIMUM WIDTH (CUD TO CUD) OF 28 FEET FOR ONE-WAY STREETS, 38 FEET R>R TWQ-WAY STREETS, WHER E PARKING IS PERMITTED. FOR EACH SIDE OF SUCH STREETS ON WHICH PAJXING IS PROHIBITED, MINIMUM WIDTH MAY IE lEDUC ED BY 8 FEET . (d) CURVES ON ALL ACCESS lOADS SHALL HAVE A MINIKUM INSIDE RADIUS OF NOT LESS THAN 20 FEET . -27- • I • • - ( ( • • • • (e) DEAD-END STREETS KAY IE USED. PJOVIDED THAT NO SUCH STREET SHALL EXCEED 400 FEET IN LENGTH. AND THAT SUCH STREETS SHALL IE PROVIDED AT 'l11E CLOSED END WI'l11 A TURN AROUND OF AT LEAST 45 FOOT RADIUS AT THE OUTSIDE EDGE OF THE PAVING, (f) ALL STREETS WITHIN 'l11E PARK SHALL BE BUILT TO CITY OF ENGLEWOOD CONSTRUCTION SPECIFICATIONS. AND SHALL INCLUDE CURB AND GUTTER. (&) SIGNS SHALL IE PLACED AT STREET INTERSECTIONS WITHIN THE PARK DESICNATINC THE MOilLE HOME SPACE NUMBERS LOCATED ALONG EACH STREET. THE LETTERS ON SUCH SIGNS SHALL BE A MINIMUM OF THREE (3) INCHES IN HEIGHT AND SHALL BE U:FLECTORIZED. (17) PAniNG. IN MOBILE HOKE PARKS. NOT LESS THAN TWO (2) PARKING SPACES SHALL BE PROVIDED POll EACH MOBILE HOKE SPACE. PAllKING SPACES SHALL BE CONVENIENTLY LOCATED Wl'l11 RESPECT TO NORMAL ANTICIPATED USE BY TENANTS AND VISITORS AJID Ill ULATION TO SDVICE FACILITIES, SUCH PAniNG SPACES SHALL IE 110T LESS THAll 9 P'BET 11 20 FEET. (11) WALDIAYS. CONCllETE WALKWAYS NOT LESS THAN 24" WIDE SHALL BE PROVIDED FROM NOBILl 10(1 SPACES TO STREETS. AND ALL OTHIIl CONCRETE WALKWAYS SHALL IE AT LEAST 30" WIDE. (19) SCIIINIIIG. ADEQUATE PJOTECTION SHALL BE PJOVIDED THE U:SIDENTS OF THE PARK FIOH ANY UNDISIIAILI OFF-SITE VIEWS OR ANY ADVERSE INFLUENCE F10H ADJOINING STREETS AND PIOPERTIES . TO THIS END. THE PAU SHALL IE SUUOUIIDED IY A FENCE. WALL. 01 PLANTING SCREEN ON ALL SIDES ABUTTING 01 ADJACENT TO 0THE1 PRIVATE PIOPDTY • OR All AITDIAL STUIT 01 HIGHWAY. IF A PENCE 01 WALL IS USED. IT SHALL Ill AT LEAST SIX (6) FEET IN HEIGHT AND OF SOLID OONSTIUCTION. IF VEGETATION IS USED IN PLACE OF A FiliCE -2 8 - • I • • - • • ( 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 MATERIALLY IMPEDES THE VISIBILITY OF A MOToRIST EXITING FROM THE PARK ONTO A PUBLIC STUET. (20) RECREATIONAL AREA. FOR CHILDREN'S PLAY AND ADUL'f RECREATION, NOT LESS THAN EIGHT (8) J>EKCEN 'f OF TilE GROSS AREA SHALl. BE SP.T ASIDE ANO APPROPRIATELY IMPROVED, AND THIS AREA SHALL NOT BE USED FOR ANY OTHER PURPOSE. THE CHILDREN'S PLAY AREA SHALL BE SO LOCATED AND PROTECTED AS TO MINIMIZE DANGER FROM TRAFFIC. RECREATION AREAS HAY INCLUDE SPACE FOR A COMMUNITY BUILDING AND COMMUNITY USE FACILITY SUCH AS INDOOR RECREATION AREA, SWIMMING POOL OR HOBBY WORKSHOP. (21) LIGHTING. (a) SnEET 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 lHHEDIATE 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 SEIVICE BUILDING SHALL BE PIOVIDED, IJKIRELLA-TYPE DRYING FACILITIES HAY IE INSTALLED IN THE INDIVIDUAL ti>IILE HONE SPACE AS A PART OF THE &ASI C FACILITIES. -29- • 0 I • • • • • • (23) FlllE PROTECTION UQUIIlEKENTS. (a) ALL PORTIONS OF ANY PARX SHALL BE WITHIN SOO 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 ENGLI'liOOD FlU CODE. FlltE EXTINGUISHEllS WHICH ARE PROVIDED SHALL HAVE A MINIMUM RATING OF 2A-l0 BC U/L. (c) EACH PARK SHALL HAVE DESIGNATED FIRE LANES, THE LOCATION, DlHENSlONS AN D CONSTRUCTION OF WHICH SHALL CONFORM '1'0 THE CITY OF ENGLEWOOD FIRE CODE. (24) SERVICE BUILDING REQUIREMENTS. (a) SERVICE BUILDING REQUIREMENTS FOR MOBILE HOME PARKS: EVERY MOBILE HOME PARK SHALL PROVIDE ADEQUATE 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 REQURIEMENTS. SERVICE BUILDINGS: (1) SHALL BE LOCATED AT LEAST lS FEET FI.OK ANY MOBILE HOME SPACE . (ii) SHALL BE OF HOISTURE-ltESISTANT MATERIAL ON THE INSIDE, TO PERMIT FREQUENT WASHING AND CLEANING AND SHALL BE ADEQUATELY LIGHTED. (111) SHALL BE OF PERMANENT CONSTRUCTION OF ONE-HOUR PIU RATING, COMPLYING WITH CITY OF ENGLEWOOD BUILDING CODES. -30- • I • • - • • • • • • (1v) SHALL HAVE ADEQUATE HEATING FACILITIES TO MAINTAIN A TEMPERATURE OF 68 DEGREES FAHRENHEIT DURING COLD WEATIIEll, AND TO SUPPLY ADEQUATE HOT WATER DUlliNG PEAl( HOUR DEMANDS. (v) SHALL HAVE ALL ROOKS WELL VENTILATED WITH ALL OPENINGS EFFECTIVELY SCREENED. (yi) SHALL ROVIDE SEPABATE COMPAJl'l'MENTS FOR EACH WATER CLOSET, ADEQUATELY SCREENING OTHER COHPARTHENTS FROM VIEW. THE TOILI:.i' AND OTHER SANITATION FACILI'CIES t'OR HAI.ES AND FEMALES SHALL BE EITHER IN SEPARATE BUILDINGS Oil SHALL IE SEPARATm, IF IN THE SAME BUILDING, IY A SOUNDPROOF WALL. THE SANITATION FACILITIES FOR KALES AND FI!MALES SHALL BE DISTINCTLY HARKED TO DENOTE THE SEX FOil WHICH THEY All£ INTENDm. (25) WATEI AND SANITAJlY SEWER SERVICE .AND PLUMBING REGULATIONS. (a) WATER SUPPLY (1) All ACCESSIBLE, SAFE, AND POTABLE SUPPLY OF WATER, WITH A I.ESIDUAL PRESSURE OF NOT LESS THAN 20 PSI AT EACH MOilLE BONE SITE UNDER IIOIKAL OPERATING CONDITIONS, SHALL IE PIOVIDED IN EACH MOilLE IIOHE PAIX. WHEU A PUBLIC SUPPLY OF WATER IS AVAILABLE, CONNECTION SHALL IE HADE Tli!UTO AND ITS SUPPLY SHALL IE USED EXCLUSIVELY EXCEPT A PI.IVATE WATER SUPPLY HAY IE USED FOR Il.liGATION PURPOSES. (11) THE DEVELOPMENT OF AN INDEPENDENT WATER SUPPLY TO SDVE THE PAIUt SHALL liE HADE ONLY APTER EXPRESS APPIOVAL HAS BEEN GRANTED IIY THE CITY AND PLANS AND SPECIFICATIONS FOI. THE WATER SYSTEM HAVE BEEN APPilOVrJ) IY THE CITY AND -31- I • • (26) • • • .. • STATE DEPARTMENT OF HEALTH. (b) PUBLIC SEWER SYSTEM CONNECTION lEQUIJED. PAilKS SHALL BE CONNECTED TO THE PUBLIC SEWER SYSTEM, AND SUCR OONMECTION SHALL liE APPIOVED IIY THE CITY. ALL SEWAGE DISPOSAL APPARATUS, IIICLUDINC APPURTDIANCES THERETO, SHALL BE PIOVIDED, HAIIrfAINED AIID OPERATED SO AS NOT TO CREATE A IIUIIWICI OR BW.TH HAZ.UD. TBE USAGE OF THE SEWEll SHALL CONFORM TO ALL CITY ORDIIIANCES. (c) PLUMBING REGULATIONS. ALL PLUMBING IN TilE MOBILE HOME PAIUC SHALL COMPLY WITH S'fATE AIID CITY OF ENGLEWOOD PLUMBING CODES AND REGULATIONS, ~< {lA...,L. ~ 6 'i< f. 1 ~ ')c-o-Cu.-< ~-U J {t ' 6..1... I~ U 0 ju.-(4. L...-..., ELECTRICAL REQUIREMENTS. (a) SERVICES. (1) ELECTRICAL SERVICES IN MOilLE HOKE PARKS SHALL COMPLY WITH THE UQUIRDIEMTS OF THE NATIONAL ELECTRICAL OODE, THE ELECTaiCAL CODE OF THE STATE OF OOLORAOO, AND THE MUNICIPAL OODE OF THE CITY OF ENGLEWOOD. (U) ELECTRICAL DISTRIIIUTIOM SYSTEMS IN MOIIILE HOHE PAilltS SHALL IE IIISTALLID UNDERGROUND. SUCH INSTALLATION SHALL liE IN OOMFOIIHANCE WITH THE IIATIOMAL ELECTRICAL CODE. (111) MOilLE HOHE SPACES SHALL IE PIOVIDED WITH AM APPIOVED UIM-TICHT POWD OUTLET PANEL WITH PEDESTAL CONTAIIIIIIG 100 IMP MAIM DISCONMECT, OIIE llOV 20A GFI RECEPTACLE, AND OtiE RECEPTACJ.E RATED AT SO AMPS, PROTECTED BY A SO IMP CIRCUIT IIEAUR. EACH PEDISTAL SHALL IE INSTALLED WITHIN 18 INCHES OF THE MOIIILE HOME. THE PEDESTAL SHALL IE PUMANENTLY INSTALLED Oti A POUilED COIICRETE POST Ol APPIOVED METAL FllAHE SECURED U1 CO CRETE SET 30 INCHES -32- • I • • • • • - BELOW CR.ADE. BOTTOM OF PEDESTAL HOUSING SHALL HAVE A KINlMUH HEIGHT OF 18 INCHES ABOVE GRADE. (iv) LIGHTING SHALL BE IN ACCORDANCE WITH SECTION (ll), LIGHTING, 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) FUI.ll. STORACE AND CONNECTIONS. (a) MOBILE HOKES 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 HAY BE COMVEllTED TO USE NATURAL CAS. FOR THE SAFETY OF OCCUPANTS, IT SHALL BE THE RESPONSIBILITY OF THE PAll OWNER OR OPERATOR TO EMSUU THAT MO IIATUUL GAS UNITS IN A MOBILE HOKE 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 CAS UTILITY CC»>PANY AS FILED WITH THE PUBLIC UTILITIES COMMISSION SHALL BE ADHERED TO PIIOR TO GAS SERVICE BEING PROVIDED. (b) ALL PIPING FROM OUTSIDE FUEL STOJlACE TANKS OR CYLINDERS TO HEATING UNITS Ill MOBILE HOKES SHALL COIIFOIH TO APPLICABLE STATE LAW AND APPLICABLE ENGLEWOOD CITY ORDINANCES. ALL FUEL STORACE TANlS 01 CYLINDERS SHALL BE SECUIELY FASTENED IN PLACE AND SHALL MOT BE LOCATED INSIDE 01 IENU.TH THE tllBILE HOME. (c) OIL STOilAGE SHALL CONFORM TO APPLICABLE STATE LAW AND APPLICABLE CITY OF ENGLEWOOD ORDINANCES. (28) REFUSE DISPOSAL. -33- • I • • • ' • • • • THE STORAGE, COLLECTION, AND DISPOSAL OF REFUSE IN THE MOBIL E HOHE PAIUt SHALL BE SO MANAGED AS NOT TO CREATE HEALTH HAZARDS, RODENT HARBORAGE, INSECT-BREEDING AREAS, ACCIDENT HAZARDS, OR AIR POLLUTION. ALL REFUSE SHALL BE STORED Ill FLY-TIGHT, WATER-TIGHT, RODENT-PROOF CONTAINERS, WHICH SHALL BE PROVIDED IN SUFFICIENT NUHBEK ANO CAPACI'fY 1'0 ACCOHHODATE ALL REFUSE •• ROM THE l'AKK. SATIS.'ACTORY CONTAINER RACKS OR HOLDERS SHALL UE PKOVIOED AT PDMAHENT LOCATIONS, CONVENIENT TO THE MOBILE HOME SPACES, IN AREAS APPROPRIATELY SCREENED FROH VIEW, AND SHALL COMPLY WITH ALL HEALTH REGULATIONS. METHODS OF STORAGE, COLLECTION AND DISPOSAL ARE SUUJECT TO APPROVAL OF THE COD£ ENFORCEHENT DIVISION. (29) ADDITIONS TO MOBILE HOMES. (a) NO ADDITIONS SHALL BE BUILT ONTO OR BECOME A PART OF ANY MOBILE HOHE EXCEPT: (1) SKIRTING OF MOBILE HOKES, AS SET FORTH IN SECTION (14). (11) CABANAS, PATIOS, OR PORCHES. (111) AN ATTACHED GAUGE WILL BE PERMITTED IF IT DOES NOT DAMAGE THE lliTEGRITY OF THE MOilLE HOME. (b) A BUILDING PERMIT SHALL BE REQUIRED FOR ANY ADDITION PERMITTED IN SECTION (29) (11) OR (29) (111) ABOVE. (30) STORAGE SPACE REQUIRED. (a) EACH MOilLE HOHE SPACE SHALL IE PROVIDED WITH NOT LESS THAN 100 CUBIC FEET OF STORACE SPACE. SUCH STORACE SPACE MAY IE PIOVIDED WITHIN INDIVIDUAL UNITS LOCATED ON EACH MOBILE HOHE SPACE OR IN A CENTRAL BUILDING NO MORE THAN 100 FEET FROM THE MOBILE HOME SPACE FOR WHICH THE STORACE IS PROVIDED. ALL SUCH STORACE UNITS AND BUILDINGS SHALL IE OF WEATHER RESISTANT MATERIALS AND ONE HOUR FIRE RESISTANT CONSTRUCTION. (b) NO STORAGE SHALL BE PERMITTED UNDERNEATH ANY MOBILE HOHE, -3 4- • I • - • • • • - (31) PARKING OF MOBILE HOMES. (a) NO MOBILE HOME SHALL IE PARKED OR PERMITTED TO STAND UPON ANY PUBLIC STREET, HIGHWAY, ROAD, ALLEY OR OTHER SUCH I.IGHT- OF-WAY FOR MORE THAN TWENTY-FOUR HOURS UNLESS A SPECIAL PERMIT IS OBTAINED PilON THE POLICE DEPARTMENT OF THE CITY OF ENGLEWOOD, COLORADO. (b) 110 lmiiL! IDlE SHALL IE MAINTAINED UPON ANY PRIVATE OR PUBLIC PROPERTY IN THE CITY OF ENGLEWOOD, COLORADO, WHEN THE SAME IS US~ FOR LIVING PURPOSES UNLESS THE PROPERTY IS R~ISTEREO AS A MOBILE HOHI' PARK. NO MOBILE HONE SHALL BE STORED WITHIN ANY REQUIRED FllONT, 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 IE REGISTERED WITH THE CODE ENFORCEMENT DIVISION WITHIN 90 DAYS AFTER THE EFFECTIVE DATE OF THIS CHAPTER. (32) IUILDING PEIMlT REQUIRED. (a) NO PDSON SHALL COMMENCE THE DEVELOPMENT OF LAND FOil A MOBILE HOllE P~, OR ALTER, INSTALL OR IEHOVE ANY STRUCTURAL IMPilOVEHENT IN ANY MOilLE HOME PARX WITHOUT FIRST SECURING A BUILDING PERMIT FllOH THE CODE ENFORCEMENT DIVISION AUTHORIZING SUCH ALTERATIONS, INSTALLATION OR REMOVAL . (b) AM APPLICATION FOil A PERMIT AUTHORIZING ANY STRUCTURAL INSTALLATION, ALTDATION Oil REMOVAL WI THIN AN EXISnNG PARX Oil FOil 111£ DEVELOPMENT OF LAND POll A MOilLE HONE PARX SHALL SET FORTH THE FOLLOWING INFOIMATION, INSOFAR AS THE SAME IS APPLICABLE AND IS DOWN OR CAN IE ASCERTAINED IY THE APPLICANT THROUGH THE EXERCISE OF DUE DILIGENCE. THE APPLICATION FOR A PERMIT TO DEVELOP LAND FOil -35- I • • - • • • • • A MOBILE HOKE PARK SHALL BE ACCOMPANIED BY THE APPROVED DEVELOPMENT PLAN. (1) A SURVEY BY A REGISTERED LAND SURVEYOR SHOWING THE LOCATION, BOUNDARIES, DIMENSIONS AND AREA OF THE PROPOSED MOBILE HOKE PARK. (11) THE NUMBER, LOCATION AND SIZE OF ALL MOBILE HOKE SPACES. (111) MAKES AND RIGHT-oF-WAY AND IOADWAY WIDTHS OF ADJACENT STREETS. (iv) ZONINC AND LAND USE OF SURROUNDING PROPERTY. (v) PROPOSED ROUTES OF ACCESS TO AND EGRESS FROM THE MOBILE HOKE PARK. (vi) THE LOCATION AND WIDTH OF ROADWAYS AND WALKWAYS, RECREATIONAL AREAS, AND OFF-STREET PARKING AllEAS WITHIN THE PARK (vii) THE LOCATION OF SERVICE BUILDINGS AND ANY OTHER PROPOSED STRUCTURES, AND THE LOCATION, DIHENSIONS AND PLAN FOR DEVELOPMENT OF THE REQUIRED RECREATION AREA. (viii) 1'11£ LOCATION, SIZE AND TYPE OF WATER AND SEWER LINES: TIAPS, VEMTS AND USERS POll WATER AND SEWER. (ix) PLAIIS AND SPECIFICATIOIIS OF ALL BUILDINGS AND OTHER IMPIOVDtENTS CONSTRUCTED Oil TO IE CONSTRUCTED WITHIN THE MOBILE HOME PARK. (x) SUCH OTHER INFOIHATION AS MAY REASONABLY IE REQUIRED . (c) THE PDMIT SHALL IE VALID ONLY POll THE PLAN SUBMITTED WITH THE APPLICATION, AND SHALL NOT IE TRANSFUAILE TO ANY PERSON OTIID. THAN THE PDMITTEE, 1101 TO AllY OTHD LOT, TRACT, 01 P AllCEL OF LAND WITHIN THE COilPOilATE LIHITS OF THE CITY OF ENGLEWOOD. (d) THE PEIKIT SMALL EXPIIlE SIX MONTHS AFTER THE DATE OF ISSUANCE IF CONSTRUCTION HAS NOT BEGUN, AND IS NOT DILIGENTLY PUilSUED. -36- • 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 IE OBTAINED. (Jl) CERTIFICATES OF OCCUPANCY. (a) IT SHALL BE UIILAWFUL TO PERMIT ANY PERSON TO OCCUPY, MAINTAIN OR OPEIATE A MOBILE HOME PARK WITHIN THE CORPORATE LIMITS OF 'fill( Cll'Y OF ENCl."WOOD UNL!'SS AND UNTIL A VAt.ID CI,R'l'II'ICA'l'l~ OJ' OCCUl'ANCY liAS BEEN Oll'l'AINED. (b) IN CONNECTION WITH ANY PARK ESTABLISHED AFTER 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 SO PERCENT OF THE PARK HAS t BEEN COMPLETED AND IS IN COMPLIANCE WITH THE TERMS OF THIS ORDINANCE. ( • (34) EXISTING PARS: CERTIFICATE OF OCCUPANCY. (a) WITHIN THIRTY DAYS AFTER THE EFFECTIVE DATE OF THIS ORDINANCE 01 WITHIN THIITY DAYS AFTI!ll ANNEXATION TO THE CITY OF DIGLEWOOD SUBSEQUENT TO THE EFFECTIVE DATE OF THIS ORDINANCE, THE OWNER 01 OPEIATOI OF EACH EXISTING MOBILE HOME PAB. SHALL IE MAILED fOiMS ON WHICH TO APPLY TO THE CODE ENFORCEMENT DIVISION FOR A CERTIFICATE or OCCUPANCY. APPLICATION SHALL IE IN WilTING AND SHALL CONTAIN SUCH INFORMATION AS THE DIVISION MAY REQUIRE TO DETUMINE WHUEIN THE PAB. DOES NOT CONfORM TO ALL lBQUIJliMENTS or THIS ORDINANCE. (b) THE CODE !NPOIC!KENT DIVISION SHALL ISSUE A CERTIFICATE OF OCCUPANCY TO THE OWNER OR OPERATOR OF LEGALLY EXISTING PAB.S: -37- • I • • - ' • • • • • THE CERTIFICATE SHALL LIST THE REQUIREMENTS OF THIS ORDINANCE WITH WHICH THE PARX DOES NOT CONFORM . NONCONFORMANCE WITH HEALTH AND. SAFETY IEQUIUHEMTS OF THIS ORDINAIICE SHALL BE LISTED SEPAIATELY FIOH NONCONFORMANCE WITH OTHER REQUIREMENTS. (c) IT SHALL BE UNLAWFUL TO PEIMIT ANY PERSON TO OCCUPY ANY MOBILE llOME IN ANY MOBILE HOKE PAlllt WITHIN THE COIPORATE 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 BEEN ISSUED. (35) EXISTING PAUS: ALTERATION, EXTENSIONS. (36) NO EXISTING PARX WHICH DOES NOT MEET THE REQUIREMENTS OF THIS SECTION SHALL BE IU!HODELED, I.ECONSTRUCTED, REDEVELOPED, ALTEI.ED, EXTENDED OR REDUCED IN SIZE, EXCEPT IN A HANNER WHICH INCREASES THE DEGREE OF COMPLIANCE WITH THIS SECTION. COMPLIANCE WITH IEGULATIONS. THE PERSON TO WHOH A MOBILE HOKE PAD: OCCUPANCY PEIIMIT IS ISSUED SHALL AT ALL TIMES OPERATE THE PAn IN COMPLIAIICE WITH THIS SECTION AND llEGULATIONS ISSUED HEI.EUNDEI, AND SHALL PJ.OVIDE ADEQUATE SUPERVISION TO MAINTAIN THE PARX, ITS FACILITIES AND EQUIPMENT IN GOOD I.EPAIR AND IN A CLEAN AND SANITARY CONDITION AT ALL TIMES. (37) ANNUAL INSPECTIONS REQUIRED. (a) THE CODE ENFORCEMENT DIVISION IS HEREBY AUTHORIZED AND DIRECTED TO INSPECT EACH MOBILE ROME PARX LOCATED WITHIN THE CITY OF ENGLEWOOD ANNUALLY IN ORDER TO DETEIIKINE THE DEGREE OF C(IU'LIAIICE Oil NONCOMPLIANCE WITH THE TERMS OF THIS SECTION AND TO ENFORCE COKPLIAIICE WITH THE PJ.OVISIONS OF THIS SECTION. THE INSPECTOR SHALL HAVE THE POWER TO ENTEP. AT A REASONABLE TlHE, UPON REASONABLE NOTICE, ANY PRIVATE Oil PUBLIC PROPERTY FOil THE -38- • I • • - • • • • PURPOSE OF INSPECTING AND INVESTIGATING CONDITIONS RELATING TO THE ENFORCEMENT OF THIS SECTION OR ANY REGULATION WHICH MAY BE PllOHULGATED HEREUNDER. THE INSPECTOR SIIAi.L KAKI! SUCII ADDI'UONAI. INSPI!C'l'IONS A~ HAY 81:: NI!CI'SSARY '1'0 ASSURE COMPLIANCE WITH THIS SECTION. (b) IT SHALL BE UNLAWFUL FOR ANY PERSON TO REFUSI! THE INSPECTOR ACCESS TO A MOBILE ROME PAIX FOR THE PURPOSES OF INSPECTION. -39- • I • • • • • • DEFINITIONS (TO BE INCORPORATED IN SECTION 16.10, Dl::FINI1'IONS. (1) ACCESS ROAD. ACCESS ROAD SHALL MEAN THAT AREA PRIVATELY OWNED AND . MAINTAINED AND SET ASIDE WITHIN A MOBILE HOME PARK FOR AN INTERIOR ROAD SYSTEM, PROVIDING PRINCIPAL MEANS OF INGRESS TO INDIVIDUAL MOBILE HOKE SPACES AND EGRESS TO STREET. (2) EXISTING PAIUt. A MOilLE B(I(E 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 ENGLEWOOD SUBSEQUENT TO THE EFFECTIVE DATE OF THIS ORDINANCE. (3) MOBILE HOME. A DETACHED, SINGLE RESIDENTIAL DWELLING UNIT WHICH HAS ALL OF THE FOLLOWING CHARACTERISTICS: (a) IT lS DESIGNED FOR LONG-TDK OCCUPANCY AND CONTAINS A FLUSH TOILET, TUB OR SHOWER lATH, KITCHEN FACILITIES, AND SLEEPING ACCOHHODATIOMS. (b) IT IS DESIGNED TO a£ TRANSPORTED APTEil FABRICATION ON ITS OWN WHULS, ON A PLADED OR OTBEil TUlLER. (c) IT ARRIVES AT THE SITE WHERE IT IS TO IE OCCUPIED AS A DWELLING COMPLETE, IMCLUDIMG MAJOR APPLIAIICIS AIID FUUlTUIE, AND READY FOR OCCUPANCY EXCEPT FOR MINOR AMD lMCIDIMTAL UNPACKING AND ASSEKILY OPERATIONS, LOCATION ON JACKS OR OTHER SUPPORTS, CONNECTION TO UTILITIES, AND THE LIKE. DOUILE-wiDE OR TRIPLE-WIDE MOBILE HOKES: A MOBILE HOME CONSISTING RESPECTIVELY OF TWO OR THREE SECTIONS COMBINED HORIZONTALLY AT THE SITE TO POJH A SINGLE DWELLING, WHILE STILL RETAINING THEIR INDIVIDUAL CHASSIS FOR POSSIBLE FUTURE t«>VI!MENT. UPAMDAILE MOilLE II<IC!: A MOBILE HOME WITH ONE OR t«>RE ROOM SECTIONS THAT FOLD, COLLAPSE, OR TELESCOPE INTO THE PRINCIPAL UNIT WHEN BEING -40- • I • • • • • TRANSPORTED AND WHICH CAN IE EXPANDED AT THE SITE TO PROVIDE ADDITIONAL LIVING AREA. (4) MOBILE HOKE PARK. A TIACT OF LAND EITHER IN SINGLE OWNERSHIP OR DIVIDED INTO BLOCKS Aim/Oil LOTS WHICH HAY BE IN SEPAJlATE OWNERSHIP, WHICH HAS BEEN DEVELOPED WITH ALL NECESSARY FACILITIES AND SER.VICES IN ACCORDANCE WITH A SITE DEVELOPMENT PLAN, MEETING ALL OF THE REQUIUHENTS OF THIS OJ.DUWfCE AND WHICH IS ItrriMDED FOR THE EXPRESS PUJ.FOSE OF PllOVIDING A SATISFYING LIVING ENVlllONHENT FOR MOBILE HOKE RESIDENTS ·ON A LONG- TiltH OCCUPANCY BASIS. (5) MOBILE HOKE SPACE. A PLOT OF GROUND WITHIN A MOBILE HOKE PARK, D~SIGNED FOR THE ACOOtH>DATION OF ONE MOBILE HOKE. (6) OPEN SPACE DEPTH. OPEN SPACE DEPTH SHALL BE THE MINIMUM OPEN SPACE DISTANCE ON THE LOT (EXCEPT AS OTREIWISE SPECIFICALLY PROVIDED) PERPENDICULAR TO THE WALL OF THE DWELLIIIG UIIIT AT ANY POINT, OJ. TO ANY ADDITION TO THE DWELLDIG UNIT WHICH IS INCLOSED FOil MOU THAN 50 PERCENT OF ITS PDIMITIJ. OR I'OJ. HOU THAN 10 PEICDIT OF THE PORTION OF ITS PER.lMETER. OPPOSITE ANY CLASS A, I, oa C IUOSUJ.E OF THE DWELL DIG UIIIT. ~JJ\' (7) {I PAU PEitHIT. A WITTEN IMSTaUHEIIT ISSUED IY THE CITY ADMINISTIATION AIJTIM)alZIIIG THI OOtiSTtUCTIOII OJ. EITEIISIOII OF A MOilLE BOHE PI.B UIIDER. TBIS OJ.DIIIANCE AND THE REGULATIONS THAT HAY IE pJOMULGATED lliUUIIDER. (8) PATIO. PATIO SHALL MEAN A PAVED IJlEA ADJACENT TO THE t«>BILE HOKE PARKING SPACE, AND ACCESSIBLE FROM THE MAIN ENTRANCE TO THE PARKED MOBILE HOKE. (9) pBJKANINT ADDITIOII. PDKANENT ADDITION SHALL MEAN ANY S'BUCTUR.AL EXTENSION PION ANY POR.TION OF A MOBILE HOKE, NOT IIICLUDING TEHPOR.IJlY CANVAS AWNING . (10) SIJ.VICE IUILDIMG A BUILDING HOUSING SANITIJlY FACILITIIS AND/OR. LAUIIDJ.Y PACILITIIS Ol SUCH OTHEI fACILITIES AS HAY II JJQUlaED IY THIS OIDIIIANC!. -41 - .---~----------~--~~~~--~----• I . l - • • • • • • (11) STREET OR HIGHWAY. STREET OR HIGHWAY SHALL MEAN A PUBLIC THOROUGHFARE WHICH AFFOilDS PRINCIPAL MEANS OF ACCESS TO ABUTTING PROPERTY • -42- • I . • ( ( • • • All other portions of said section remain the sene. section 2. ord Ulance: The following legal provisions shall apply to this A. Separability Clause. If any article, section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this Ordinance. The O>IDCil of the City of &lglewood hereby declares that it would have ~rased this Ordinance and each article, section, subsection, clause or ~rase hereof, irrespective of the fact that any one or more articles, sections, sentences, clauses and ~rases be declared unconsti tu- tional. B. Scope. This Ordinance relates to zoning, and it does not repeal, abrogate, annul, or in any way impair or interfere with existing provisions of other laws or ordinances, except those repealed herein. Nlere this Ordinance imposes a greater restriction upon land, buildings, or structures than imposed or required by such existing provisions of law or ordinance, the provisions of this Ordinance shall control. c. Violation and Penalty. Any person, fiDII, or corporation that violates, disobeys, anita, neglects or refuses to canply 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 hlnired dollars ($300) for each offense. Each day that a violation exists shall constitute a separate offense. Any buildings erected, raiaed, or converted or land or premises used in violation of any provisions of this Ordinance, or any anenanent hereto, is hereby declared to be a ca!I'IIOI'1 nuisance and such ca!I'IIOI'1 nuisance may be abated in such manner as nuisances are now or may hereafter be abated. o. Necessity. The City O>IDCil hereby finds, deteDIIines, and declares that this Ordinance is necessary for the inmediate preservation of the public peace, health, safety and convenience. Section 3. Hearing. In accordance with section 40 of the City 0\arter, the City O>IDCil shall hold a public hearing on this Ordinance, before final passage, at 7:30 p.m. on H:lnday, August 6, 1984. 43 • I • • - ( • • • • Section 4. In the opinion of the City CO\D:il , an anergency exists. 'ftlerefore, this Ordinance shall take effect and be in force fran and after its final passage and publication. 'ftle aoergency is that the current ordinances of the City of Englewood do not address certain important land use issues necessary for the proper deYelopl&lt of the City. 'ftlis ordinance shall address those deficiencie8. Introduced, read in full, and passed on first reading on the 16th day of JUly, 1984. PUblished u a Bill for an Ordinance on the 18th day of .July, 1984. Read by title and passed on final reading on the 6th day of August, 1984. PUblished by title as Ordinance No •. ___ , Series of 1984, on the 8th day of August, 1984. !»gene L. ot1s, Mayor Attest: ex officio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Engl.ewod, Colorado, hereby certify that the above and foregoing is a true, accurate and caaplete COVi of the Ckdinanoe paued on final r..Sing and pj:llished by title aa Ckdinance No. ___ , Series of 1984. Gary R. Higbee 4 4 • I • • ( • ORDitWCE 00 ~ ~ SERIES OF 1984 • • • BY AUTHORITY COOOCIL BILL 00. 26 Im'ROOOCED BY OXJOCIL MEMBER NEAL AN ORDINAtCE AHD[)I!«i THE MliHCIPAL COOE OF THE CITY OF Et«>L&JOOO, COLORAOO, TITLE XVI, C<l'IPREHENSIVE ZOOII«> ORDitWCE, SOCTION 16.4-10, B-1 [BI.EINESS DISTRICT), TO AMEND THE HEIGHT LIMITATIOO THEREIN AT SUBSD:TION f.(l) TO READ "OOE I:IJNDRED (100) FEET; WHICH ORDitWCE IS AOOPl'ED PURSUANI' TO THE ~TITUTI'JN OF THE STATE OF COLORAOO AW THR<XJGH THE EXERCISE OF ~ ~ED MD l\C~IRED IN THE HQoiE RULE CHARTER AOOPl'ED IN 1958 BY THE CITY OF Et«>LEIKX)D, REXXX:iNIZII«> THAT ZONII«> IS ULTIMATELY A rocAL MD MliHCIPAL 11!'\TTER, THE Im'ENI' OF THIS PORTIOO OF THE cn1PREHENSIVE ZOOII«> ORDINAN:E BEll«> TO SUPERSEDE WITHIN THE TERRITORIAL LIMITS MD <Yl'HER JURis- DICTION OF THE CITY OF Et«>L&JOOO THE GENERAL LAW OF THE STATE OF C<X.ORAOO IN OJNFLICT HE~ITH, AMF2VII«> A PORTION OF ORDINAN:E NO. 18, SERIES OF 1984. WHEREAS, the City Colilcil previously passed Ordinance No. 18, Series of 1984; and WHEREAS, the City ColiiCil finds it necessary to ClllE!Ild a section of that ordinance; t«W, THEREFORE, BE IT ORD!HNED BY THE CITY OXJOCIL OF THE CITY OF EXiL~OOO, COLORADO, as follows: Section 1. That Title XVI, Section 16.4-10, of the Englewood 1'\lnicipal Code of '69, as cnended, is Clllended to read as follows: 16.4-10 B-1 Business District. f. Requirements for Development. (1) Maxirnun height of buildif¥3s ••••••••• Si-•ty +'9+ ONE KJNDRED (100) feet See Section 16.5 for Height EXceptions All other portions of said section remain the SCI!le. Section 2. The followi£¥3 legal provisions shall apply to this ord1nance: A. separability Clause. If any article, section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be 1 • 4 c I • • - • • • • • unconstitutional, such decision shall not affect the validity of the remaining portion of this Ordinance. 'l1le Council of the city of Ehglew:>Od hereby declares that it would 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. This Ordinance relates to zoning, and it does not repeal, abrogate, annul, or in any way impair or interfere with existing provisions of other laws or ordinances, except those repealed herein. ~re this Ordinance imp:>ses a greater restriction upon land, buildings, or structures than imp:>sed or required by such existing provisions of law or ordinance, the provisions of this Ordinance shall control. c. NeceSsity. The City Co~cil hereby finds, deteiiiiines, and declares that this Ordinance 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 Olarter, the City Council shall hold a public hearing on this ordinance, before final passage, at 7:30 p.m. on l'bnday, August 6, 1984. Introduced, read in full, and passed on first reading on the 16th day of July, 1984. PUblished as a Bill for an Ordinance on the 18th day of July, 1984. Read by title and passed on final reading on the 6th day of August, 1984. PUblished by title as Ordinance ~----' Series of 1984, on the 8th day of August, 1984. Attest: Dlgene L. Otls, Mayor ex off1c1o C1ty Clerk-Treasurer 2 • I • • • • • • I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and canplete copy of the Ordinance passed on final reading and published by title as Ordinance liJ. , Series of 1984. --- Gary R. H1gbee 3 • I • • - ( • • CALL TO ORDER • • - MINUTES ENGLEWOOD HOUSING AUTHORITY BOARD OF COMMISSIONERS Regular Meeting Oc tober 26, 19B3 S A The Regular Meeting of the Englewood Housing Authority Bo ard of Co~missioners was called to order by Vice Chairman Ms. Betty Beier at 5:05 p.m., October 26, 1983, at Simon Center, 3333 South Lincoln Street, Englewood, Colorado, 80 110. Chairman Thomas J. Burns joined the meeting while in progress. I. ROLL CALL Members Present: Thomas J. Burns, Chairman Betty Beier, Vice Chairman Beverly Bradshaw, Member Valerie Lash, Member Members Absent: Also Present: Cindy Peterson, Member None Frances Buck Jonas, Executive Director, EHA Robb Short, Rehab Supervisor, EHA Gladys Travis, Simon Center Tenant Council Robert Moch, Attorney for Englewood Housing Authority Ramona E. Bosze, Recording Secretary II. APPROVAL OF MINUTES MOTION --- MS. BETTY BEIER MOVED THAT THE MINUTES OF THE REGULAR MEETING OF THE ENGLEWOOD HOUSING AUTHORITY BOARD OF COMMISSIONERS HELD SEPTEMBER 28, 1983, BE APPROVED AS AI~ENDED. CINDY PETERSON SECOHDED THE rtOTION. AYES: NAYS: ABSENT: BEIER, BRADSI :AW, LASH, PETERSON NONE BURNS The Vice Chairman declared the Motion carried . • A-3 I • • - • • • Englewood Housing Authority Board of Commissioners October 26, 1983 II. PUBLIC HOUSING CO 48-3 Duplexes • • • Page Two The Status Report for the Duplexes was submitted to the Board of Commissioners with brief discussion. Item B-2 on the Agenda, a letter from Maxwell L. Saul and Associates, Architects, dated October 17, 1983, regarding the ten-unit general housing project No. CO 48 -3 and the 11-month inspection punchlist was reviewed and accepted by the Board of Commissioners. Orchard Place The Status Report for Orchard Place was submitted to the Board of Commissioners with brief discussion. The Maintenance Status Report was submitted to the Board of Commis-sioners with brief discussion. Item B-5, letter from Nelson & Company, Inc., dated October 10, 1983, was noted by the Board of Commissioners. Discussion centered around water proofing work to be done by Nelson &Company, Inc., using OKON water base sealers at Orchard Place. MOTION BEVERLY BRADSHAW MOVED THAT THE EXECUTIVE DIRECTOR OF THE ENGLEWOOD HOUSING AUTHORITY TURN OVER THE ENTIRE FILE ON WATER PROBLEMS AT ORCHARD PLACE TO ENGLEWOOD HOUSING AUTHORITY ATTORNEY ROBERT B. MOCH; AND, FURTHER MOVED THAT THE EXECUTIVE DIRECTOR OF THE ENGLEWOOD HOUSING AUTHORITY TALK TO THE CONSULTING ARCHITECT REGARDING WATER-PROOFING PROBLEMS ENCOUNTERED AT ORCHARD PLACE. MS. VALERIE LASH SECONDED THE MOTION. AYES: NAYS: ABSENT: BEIER, BRADSHAW, LASH, PETERSON NONE BURNS The Vice Chairman declared the Motion carried. Item B-6, letter from Bernick and Mach, Attorneys at Law, regarding the Orchard Place Lease was briefly discussed concerning review of policies and revi sions to the Lease in order that the Lease would be in line with Colorado State Law and HUD requirements. Formal submis- sion of the Lease will be at a later meeting . • I • • • Englewood Housing Authority Board of Commissioners October 26, 19 83 • • • MOTJ ON Page Three CINDY PETERSON MOVED TO ACCEPT RESOLUTION NO. 5, SERIES OF 1983, WITH THE SENTENCE "EXTENSIONS ... MANNER" AND PHRASE "PUBLIC HOUSING" BEING DELETED. BEVERLY BRADSHAW SECONDED THE MOTION. AYES: NAYS: ABSENT: BEIER, BRADSHAW, LASH, PETERSON NONE BURNS The Vice Chairman declared the Motion carried . III. SIMON CENTER The Status Report for Simon Center was submitted to the Board of Commissioners with brief discussion. Item C-2, letter from Bernick and Mach, regarding the Simon Center Lease was presented to the Board for perusal and for formal submis-sion at a later meeting. IV. SECTION 8 EXISTING The Status Report for Section 8 Existing was submitted to the Board of Commissioners with brief discussion. The Executive Director stated that as of October 25, 1983, l :30 p.m., there was a 100 % lease-up in the Section 8 Existing Program. Evictions, inspections, and repairs relating to Section 8 Existing units were briefly discussed by the Board of Commissioners. v. REHABILITATION PROGRAM The Rehab Status Report was submitted to the Board with little discussion. Mr. Robb Short, the new Rehab Supervisor was presented to the Board of Commissioners. Ms. Frances Jonas, Executive Director, commented on the excellent job Mr. Short has been doing with all the hou se ooves for Urban Renewal and CDBG Grant. Hiring an assistant to Mr. Short was given brief discussion. Rehab work within the Target Area was discussed by the Board and the Rehab Supervisor. The Rehab Loan Program was briefly dis c ussed. Item E-2, sample signature card for Englewood Housing Authority Rehab Account was discussed. The Executive Director stated that since a new Rehab Supervisor has been hired, the Englewood Housing Authority needs to obtain new signature cards on the Rehab Account at the 1st Interstate Bank of Englewood. Such signature cards to be duly executed by the Executive Director, Hou si ng Administrator and Rehab Supervisor. • I • • • Englewood Housing Authority Board of Commissioners October 26, 1983 • • • MOTI 0_!! Page Four CINDY PETERSON MOVED TO APPROVE THE BANK RESOLUTION AS PRESENTED FOR THE SIGNING OF REHAB CONSTRUCTION DRAW CHECKS ACCOUNT NO. 000-076-0. MS. VALERIE LASH SECO NDED THE MOTION. AYES: NAYS: ABSENT: BEIER, BRADSHAW, LASH, PETERSON NONE BURNS The Vice Chairman declared the Motion carried . Item E-3, Rehab Grant Application submitted to the State of Colorado and the possibility of being awarded the money applied for were discussed. Item E-4, letter to Carl Ryberg regarding the storage of houses at the City Service Center was submitted to the Board with a very brief discussion following . Item E-5, letter from Bernick and Mach addressing the possibility of a conflict of interest in the administration of CDBG Grant was discus- sed. Eligibility of City employees for CDBG Grant loans was also discussed by the Board of Commissioners. The status of the Garfield Street House reloc at io n was reported on by the Rehab Supervisor. Mr . Short stated the Englewood Housing Authority acquired the vacant property on 3034 S. Galapago, and at the same time, began negotiation s with Garfield partners on twelve one-bedroom units located on Garfield Street in Denver. The Englewood Housing Authority received the assignment of buildings and a check for $35,000.00. Costs of duplexes and the triplex unit were noted along with total footage for these units. Work necessary to be done to these units was also discussed. tl_OTI ON MS. VALERIE LASH MOVED TO AUTHORIZE THE EXECUTIVE DIRECTOR OF THE ENGLEWOOD HOUSING AUTHORITY TO ACCEPT TITLE FROM GARFIELD PARTNERS, TO SIGN THE ASSIGNMENT OF THE BUILDINGS, ~NO TO ACCEPT THE CHECK IN THE AMOUNT OF $35,000.00, TO DEFRAY llOVING COSTS 01 1 THE PROPERTIES PRESENTLY LOCATED AT 433-459 GARFIELD STREET, DENVER. BEVERLY BRADSHAW SECONDED THE MOTION. AYES: NAYS : ABSENT: BEIER, BRADSHAW, LASH, PETERSON NONE BURNS The Vice Chairman declared the Motion carried . • I • - • • Englewood Housing Authority Board of Commissioners October 26, 1g 33 • • • Page Five Properties at 434 Clayton and 3910 South Pennsylvania were discussed as possible donated ARRP projects. MOTION MS. CINDY PETERSON MOVED TO AUTHORIZE THE EXECUTIVE DIRECTOR OF THE ENGLEWOOD HOUSING AUTHORITY TO MAKE AN AGREEMENT WITH THE CITY OF ENGLEWOOD TO STORE HOUSES AT THE CITY SERVICE CENTER SITE. VALERIE LASH SECONDED THE MOTION. AYES: NAYS: ABSENT: BEIER, BRADSHAW, LASH, PETERSON NONE BURNS The Vice-Chairman declared the Motion carried. Executive Director Jonas stated that Englewood Housing Authority Staff recommended that the Englewood Housing Authority set up a prepay construction account with the Bank for the ARRP funds. This would enable the Englewood Housing Authority to pay money into the account, give the bank the project cost figures and issue the checks as draws to the contractors. MOTION MS. BEVERLY BRADSHAW MOVED TO AUTHORIZE ENGLEWOOD HOUSING AUTHORITY STAFF TO SET UP A PREPAID CONSTRUCTION ACCOUNT AT FIRST INTERSTATE BANK OF ENGLEWOOD FOR THE HOUSE-MOVING PROJECT FOR DEPOSIT OF THE REMAINDER OF MONEY AUTHORIZED TO BE WITHDRAWN FROM SIMON CENTER RESERVE IN AMOUNTS AS SPECIFIED WITH DONATIONS. CINDY PETERSON SECONDED THE MOTION. AYES: NAYS: ABSENT: BURNS, BEIER, BRADSHAW, LASH, PETERSON NONE NONE The Chairman declared the Motion carried. Item F-1, letter to Robert J. Sylvester, CPA, regarding the date to s witch to the new accounting system was noted. After discussion, the Executive Director was directed to write a letter to Jim McCabe of Robert Sylvester's firm expressing concerns over the completion of processing and turnover of accounts. There was a lengthy discussion concerning the reasons for delaying the date to switch to the new accounting system until November 1, 1983 . • I • - • Englewood Housing Authority Board of Commissioners October 26, 1983 • • • Page Six Item F-2, the Check Protector Presentation Folder was noted by the Board of Commissioners. The purchase of a check protector was dis- cussed briefly by the Board. Safeguards and security measures of the check protector were given a lengthy discussion. Prices of various types of check protectors were also included in this discussion. It was determined that there was no further business to be conducted by the Board of Commissioners of the Englewood Housing Authority at this meeting. f.IOTION IT WAS MOVED BY VALERIE LASH THAT THE OCTOBER 26, 1983, MEETING OF THE ENGLEWOOD HOUSING AUTHORITY BOARD OF COMMISSIONERS BE ADJOURNED. CINDY PETERSON SECONDED THE MOTION. AYES: NAYS: ABSENT : BURNS, BEIER, BRADSHAW, LASH, PETERSON NONE NONE The Chairman declared the Motion carried. The meeting adjourned at 8:35 p.m. • I • • ( • • • • The r.inutes of the Regular Meeting of the Englewood Housing Authority Board of Commissioners, held October 26, 1983, stand approved as s ubmitted. k~ -~~ Chair n s r~0\ i~{c { ~--,rAJ' ranees Buck Jo·n - Executive Direct' I • • • CALL TO .QB.Q!B_ • • • MINUTES ENGLEWOOD HOUSING AUTHORITY BOARD OF COMMISSIONERS Regular Meeting February 1, 1984 5 A The Regular Meeting of the Englewood Housing Authority Board of Commissioners was called to order by Vice Chairman Betty Beier at 5:00p.m., February 1, 1984, at the Simon Center, 3333 South lincoln Street, Englewood, Colorado, 80110. I. ROLL CALL Members Present: Thomas J. Burns, Chairman (joined meeting in progress) Betty Beier, Vice Chairman Beverly Bradshaw, Member Valerie lash, Member Cindy Peterson, Member Members Absent: None Also Present: Susan Powers, Executive Director, Urban Renewal Authority Frances Buck Jonas, Executive Director, EHA linda A. Knopinski, Housing Administrator, EHA Robb Short, Rehab Supervisor, EHA Robert B. Moch, Attorney for EHA Ramona Bosze, Recording Secretary The Vice Chairman declared a quorum to be present. II. APPROVAL OF MINUTES MOTION CINDY PETERSON MOVED THAT THE MINUTES OF THE REGULAR MEETING OF THE ENGLEWOOD HOUSING AUTHORITY BOARD OF COMMISSIONERS HELD DECEMBER 7, 1983, AS AMENDED, BE APPROVED. VALERIE LASH SECONDED THAT MOTION. AYES: NAYS: BEIER, BRADSHAW, LASH, PETERSON NONE ABSENT: BURtiS The Vice Chairman declared the Motion carried. A-2 I • • - • Eng lewo od Hou s ing Autho ri t y Boa r d of Com mis s ioner s Fe b r ua r y l, 19 8 4 I I I. PUB h iC HOUSING • • • Page Two The Duple x Status Repor t wa s noted by the Board fo r t he mo nth o f Novembe r . Th e s ub j e c t of collecting mon i e s owed to th e Housing Author ity fo r re nts on publ i c housing wa s d isc ussed. It wa s decided by t he Boa rd me mbe rs that the avenue of us i ng a c ol l ection agency should be e x plored. NOTION IT WAS MOVED BY CINDY PETERSON THAT THE ENGLEWOOD HOUSING AUTHORI TY BOARD OF COMM I SSIONERS PASS RESOLUTION NUMBER THREE AND DIRECT THE EXECUTIVE DIRECTOR TO ATTEMPT COLLECTION OF MONIES OWED THE ENGLEWOOD HOUSING AUTHORITY THROUGH A COLLECTION AGENCY AND REPORT THE RE SULT S TO THE BOARD OF COMM I SSIONERS. AYES : NAYS: BURNS, BEIER, BRADSHAW, LASH, PETERSON NONE ABSENT: NONE The Chair man de c lared t he Motion c arried. The aud it of the Englewood Hou si ng Au t hority and rea s on s f o r suc h a n audit we r e discu ss ed. Pre c aution s on wr i ting a nd pr ocessing c he cks were expla i ned by Ms. Jona s who al s o e x pla i ned t he role of the fee accou nt ant. I t wa s po i nted out by Ms. Po we rs that the EHA audit would not b e started un t i l the Ci ty Aud i t wa s completed. !:!Ql!_Q~ IT WAS MOVED BY BEVE RLY BRADSHAW THAT THE VICE-CHAIRMAN OF THE ENGLEWOOD HOUSING AU THOR ITY BE DELEGATED TO INSURE THAT THE CHECK NUMBERS AND CHECK MACHINE NUMBERS BALANCE OUT AND SIGN TO THAT EFFECT. CINDY PETERSON SECONDED THIS MOTION. AYES : NAYS: BURNS, BEIER, BRADSHAW, LASH, PETERSON NONE ABSENT: NONE The Chairman declared the Motion carried. There was a great deal of discussion on using Sylvester as the EHA Fee Accountant and what duties he would perform, such as doing the HUD Reports and HUD accounting System. The role the Englewood Housing Authority will take is that of processing purchase orders, making payments, writing checks, keeping the accounts ledgers. The • I • • - (~ • Englewood Housing Authority Board of Commissioners February 1, 1984 • • • Page Thr ee procedure s and safeguards for writing and signing c hecks and us ing the check machine, dollar amount limits, us e of the c he ck register were explained by the Ex e c utive Dire c tor. MOTION IT WAS MOVED BY THOMAS J. BURNS THAT THE EXPENDITURE OF UP TO $1,000.00 BY THE EXECUTIVE DIRECTOR OF ENGLEWOOD HOUSING AUTHORITY BE AUTHORIZED FOR THE PURPOSE OF A SECURITY AUDIT. BEVERLY BRADSHA W SECONDED THIS MOTION. AYES: NAYS : BURNS, BEIER, BRADSHAW, LASH, PETERSON NONE ABSENT : NONE The Chairman declared the Motion carried. The Or c hard Place Status Report for December was noted wi th l i ttle di s cussion . MOTION I T WAS MOVED BY BETTY BEIER THAT THE ORCHARD PLACE LEASE BE CHANGED TO READ THE SAME AS THE SIMON CENTER LEASE IN THE CLAUSE CONCERNING "PARTIES AND DWELLING UNITS." VALERIE LASH SECONDED THIS MOTION. AYES : BURNS, BEIER, BRADSHAW, LASH, PETERSON NONE NAYS : ABSENT : NONE The Chai rm an de c la r e d the Mo tion carried. tl.QT I ON IT WAS MOVED BY VALERIE LASH THAT RESOLUTION NUMBER ONE , APPROVING THE RESIDE NTIAL LEASE OF ORCHARD PLACE AS AMENDED , BE ADOPTED BY THE ENGLEWOOD HOUSING AUTHORITY. BETTY BEIER SECONDED THIS MOTION. AYES: BU RNS, BEIER, BRADSHAW , LASH, PETERSO~ NAYS: NON E ABSE NT: NON E The Chairman declared the Motion carried. I • • • Englewood Housing Auth o rity Bo a r d of Commissioner s Fe brua r y l, 19 8 4 • • • Pa ge Four Th e Maintenance Status Reports for the Duple xe s , Si mon Ce nter a nd Or c hard Place, fo r Decembe r and January were noted. Som e disc u ssion oc c ur re d c on c ern i ng the f r ozen wate r lines . Ms . Jona s rep or ted t ha t t he 9 a ps i n th e p ipe i ns ul a tio n wou l d be b ro ught up to speci f icat i o ns . The Decem be r 22 , 1983, memo fro m HUD r ega r d i ng Pub lic Ho u s in g Operat -ing Bu dg e t Review was di s cu ss ed . Res olution No. 4 and Resolut i on No. 5 approving the Public Hou s ina Projec t CO 48-2 Operatin g Bud g et s for fiscal years ending De cem ber 31 , 19 83 , and December 31, 19 8 4, re s pe c tiv e l y , wer e dis cu s s ed. A work se s sion was scheduled f or Nonda y , Fe b r ua r y 13 , 1984, a t 5:00 p .m. at th e Duffers for the purpo s e of c la r if i cation and detailed d i scussion of t he Public Housing Opera ti ng Budget s and Financial State men t s . I V . SIMON CENTER The S imon Center Statu s Reports fo r Nove mber a nd De cemb er were noted and di s cussed briefl y . MOTION IT WA S MOVED BY BEVERLY BRAD SHAW THAT RESOLUTION NUMBER TWO APPROVING THE RESIDENTIAL LEASE FOR S I MON CENTER APARTMENTS BE ADOPT ED. BETTY BEIER SECOND ED THIS MOTION . AYES : NAYS: BURNS, BEIER, BRA DS HA W, LA SH , PETER SON NONE ABSE NT: NONE Th e Chai rm a n d eclared the Motio n carried. Susan Po wers gave the Board a detailed a nd lengthy update on the Downtown Red ev elopment program. Hs. Powers explained land acquisition efforts invol ved in the Urban Rene wa l project and explained basically what Brady Corporation planned to do with property it purchased. The new King Soopers store was discussed, along with the parking facilities, the boulevard, and fiber dams to be constructed. The new city hall , library and multi-plex movie theatre were touched upon. The problems of realigning Floyd Avenue, parking space problems which would thus be incurred by Simon Center and possible solutions to these problems were discussed. Mr. Robert Mach discussed the bondin9 resolutions which he had re- viewed and explained to the Board how the income from the property would pay off t he Bond. Chairman Thomas Burns pointed out to Ms. Powers the concerns of the Board regarding traffic noise, volume and pollution next to Simon Center. • I • • - \ • Englewood Housing Autho rity Board of Commissioners February 1, 1984 • • • Page Five Ms. Bradshaw stated that the Board should give a very clear directive stating that conceptually the Board is in agreement with the Floyd Avenue realignment plans; however, space-for-space exchange, access and egress, the impact of traffic noise, and pollution should be re -solved in a check-list like fashion. MOTION IT WAS MOVED BY BETTY BEIER THAT THE ENGLEWOOD HOUSING AUTHORITY APPROVE THE CONCEPT OF THE REALIGNMENT OF FLOYD AVEN~E AS LONG AS THE REDESIGN OF THE NORTH PARKING LOT, THE REDESIGN OF THE SOUTH PARKING LOT, SPACE-FOR-SPACE EXCHANGE OF PARKING SPACES , ACCESS AND EGRESS, IMPACT OF NOISE, IMPACT OF POLLUTION, SEPARATION OF MALLEY AND EHA PARKING LOTS, INFORMATION ON TRAFFIC COUNTS ON FLOYD AVENUE, THE NEW PLAN COMPARED TO THE PRESENT ONE, AND LANDSCAPING ARE CLARIFIED. CINDY PETERSON SECONDED THIS MOTION . AYES: NAYS: BURNS, BEIER, BRADSHAW, LASH, PETERSON NONE ABSENT: NONE The Chairman declared the Motion carried. v. The Status Report for November wa s submitted to the Board of Commissioners with little discussion. The approved, revised 1983 and 1984 budgets were discussed. VI. REHABI!:.!TATIOJ!_fRO§RA~- Rehab Status Reports for the Rehab Section and ARRP were noted with brief discussion concerning lack of progress due to inclement weather. Executi ve Director Jonas pointed out that a total of 34 houses had been rehabilitated this year, which brought the total number of houses rehabilitated to 222. This is a lesser amount than the number of houses rehabbed last year. Due to staff turnover in Housing and Building Divisions, there are 15 applications which have not been processed. Robb Short, Housing Rehabilitation Supervisor, reported that during this time period, a limited general contractor's license was applied for in order that EHA staff could act as general contractor on moving projects. It was stated that the project's aim wa s to get affordable housing out of the moving program. The contractor's license would not be used on regular rehab projects . I • • Eng l ewood Housing Auth ori ty Board of Commis s ion e r s February 1, 19 84 • • • Page Six The Board stated that i t felt that actions such as obtaining a general contractor's license s hould be submitted to the Board for approval prior to actually seeking the license. MOTION IT WAS MOVED BY BETTY BEIER THAT THE ENGLEWOOD HOUSING AUTHORITY BOARD OF COMMISSIONERS RATIFY THE GENERAL CONTRACTOR APPLICATION. AYES: BURNS, BEIER, BRADSHAW, LASH, PETERSON NONE NAYS: ABSENT : NONE The Chairman declared the Motion carried. There was a great deal of discussion on the units at 2743 and 2755 South Delaware, and it was questioned whether or not certificate s of occupancy could be obtained for these units because of questions on zoning and utilities. Robb Short, Rehab Supervisor, s tated that the units are being built in accordance with zoning on multiple units, R2C. It is not believed there will be a problem selling the properties as one unit. The possibility of three families on the waiting list grouping together and establishing a condominium concept and living in the triplex was also discussed. The possibility of having to sell the triplex as a si ngle to an investor for rental rather than as low-in come hou si ng wa s al so discussed. The Rehab Supervisor wa s directed to check into the possib ili ty of obtaining a variance for how the units set on the lot in order that the units c ould be sold individually and to look into the possibility of selling t ri ple x units as a cooper at ive. Executive Directo r Jonas reported that the house at 434 Clayton wa s donated to the Eng lewood Housing Authority plus $500.00 toward de- fraying moving costs. The house does have to be moved off its pre- sent site soon; therefore, a revised license and indemnification agreement to be between the Englewood Housin£ Authority and the City of Englewood would need to be ratified in case the Englewood Housing Authority needs to store the house at the City Service Center site until a potential owner receives FHA committment. Rehab loan limits were discussed in response to a memo to the Englewood Housing Authority Board Members from Janet Grimmett, Housing Finan c e Specialist. More creative ways of financing the rehab work were discussed at length. Executive Director Jonas stated that HUD v ie ws the Engle wood Housing Authority's rehab program as a good example and has invited her (Ms. Jonas) to give presentations at their wor kshops to explain how the Englewood Housing Authority handles it's Reha b I • - • 0 • • Englewood Housing Authority Board of Commissioners February I, 1984 • • • Page Seven Program. Chairman Burns stated that the bank is quite impressed because the Englewood Housing Autho ri ty Rehab Prog ram keeps going and growing. Linda A. Knopinski , Housing Administrator said that information gathered from various sources indicates a higher loan limit for rehab work is necessary. MOTIO!!_ IT WAS MOVED BY CINDY PETERSON THAT THE ENGLEWOOD HOUSING AUTHORITY BOARD OF COMMISSIONERS ADCPT THE NEW LOAN LIMIT OF $25,000.00. BEVERLY BRADSHM/ SECOrWED THIS r:oT I ON. AYES: NAYS: BURNS, BEIER, BRADSHAW, LASH, PETERSON NONE ABSENT: NONE The Chairman declared the Motion carried. The CDBG Application for fiscal year 1984 was noted by the Englewood Housing Authority Board of Commissioners. The telephone poll questioning whether the Englewood Housing Authority Board of Commissioners should authorize the Executive Director to request $100,000.00 from the City of Englewood 1984 Public Improvement Fund to use as matching funds in CDBG application for $350,000.00 in order to fund housing rehabilitation was discussed. MOT! ON IT WAS MOVED BY VALERIE LASH THAT THE ENGLEWOOD HOUSING AUTHORITY BOARD OF COMMISSIONERS RATIFY THE TELEPHONE POLL WHICH AUTHORIZES THE EXECUTIVE DIRECTOR TO REQUEST $100,000.00 FROM THE CITY OF ENGLEWOOD 1984 PUBLIC IMPROVEMENT FUND (PIF) TO USE AS MATCHING FUNDS IN 1984 CDBG APPLICATION FOR $350,000.00 TO FUND HOUSING REHABILITATION. BEVERLY BRADSHAW SECONDED THIS MOTION. AYES: BURNS, BEIER, BRADSHAW, LASH, PETERSON NONE NAYS: ABSENT: NONE The Chairman declared the Motion c arried. Executive Director Jonas stated that the Englewood Housing Authority had been turned down on its 1983 State Division of Housing Rehab Grant Application, but that the Authority planned to reapply in April with more detailed information . • I • • • Englewood Housing Autho r ity Board of Com mission e r s Fe b r ua r y l, 1984 VII. DIR E_f TOR 'S CHOICE • • • Page Eigh t It was r ecommended by Frances Buck Jonas that the November 28, 1984, and the December 2 6, 1984 Meetings of the Englewood Housing Authority Board of Commissi o ners be combined i nto one meetin g to be held on Decembe r 5, 1984. MOTION --- IT WAS MOVE D BY BETTY BEIER THAT THE REGULAR MEETINGS TO BE HELD ON NOVEMBER 28, 1984, AND DEC EMBER 26, 1984, OF TfiE ENGLEWOOD HOU S ING AUTHORITY BOARD OF COMMISSIONERS BE COMBINED INTO ONE MEETING WHICH WOULD BE HELD ON DECEMBER 5, 1984. BEVERLY BRADSHAW SECONDED THE MOTION. AYES: NAYS: ABSENT: BURNS, BEIER, BRADSHAW, LASH, PETERSON NON£ NONE The Chairman declared the Motion carried. Ms . Jonas explained to the Board that in the Agreement between the Ci ty of Englewood and the Englewood Housing Authority, the Englewood Housing Authority i s allowed to build public housing upon which there would be no prope r ty ta x es levied. There is in that Agreemen t , however, a provision for a payment i n lieu of taxes which wou l d c ov e r se rv ic e s . Thi s payment would be made each yea r and based on the s helter rent cost. Ms . J ona s c onsidered i t to be a good i dea if th e Cha irm an of t h e En glewood Hou si ng Autho rity Board of Co mmissioners made t ha t pay men t in pers on a t a Ci ty Council Meeting. VI I I. Be verly Bra d sha w briefly explained t o the Boa rd of Commissioners that her time sc hedule is qui t e crowded a nd t hat she (Ms. Bradshaw) has asked the Mayor to take her off one of her commissions. At this point in the meeting, Chairman Burns asked for a brief Executive Session between the Ooard of Commissioners and Ms. Jonas for the purpose of setting up a review of the Executive Director. t!_OTION BE VERLY BRA DS HA W MOVED TH AT THE ENGLE WOOD HOU S ING AUTHORITY BOARD OF CO MM ISS I ONERS GO INTO EXECUTIVE SESSI ON TO DI SCUSS A REVIEW OF THE EXECUTIVE DI RECTOR. VALE RI£ LASH SEC ON DED THE MOTION. AYES: NAYS: ABSENT: BURNS , BEIER, BR ADSHAW , LAS H, PETE RSO N NON£ NON £ The Chairman decl a r ed t he Mo tion carried . • I • • - • Englewood Housing Authority Board of Commissioners February l, 1984 • • • Page Ni ne It was determined that there was no further business to be conducted by the Board of Commissioners of the Englewood Housing Authority at this meeting. MOTION IT WAS MOVED BY CINDY PETERSON THAT THE FEBRUARY l, lg84, MEETING OF THE ENGLEWOOD HOUSING AUTHORITY BOARD OF COMMISSIONERS BE AD-JOURNED. VALERIE LASH SECONDED THE NOTION . AYES: NAYS: ABSENT: BURNS, BEIER, BRADSHAW, LASH, PETERSON NONE NONE The Chairman declared the Motion carried. The February l, 1984, Meeting of the Englewood Housing Authority Board of Commissioners was adjourned at 9:52 p.m. • I • • • • • • The Minutes of the Regular Meeting of the Englewood Housing Authority Board of Commissioners, held February 1, 1984, stand approved a s s ubmitted. ~'"CslJ &cC_ ~_Q_r ' Fran c e s Buck Jon s Ex e c ut i ve Directop • ··~ I • • - • • CALL TO~ • • • 11INUT£S ENGLEWOOD HOUSING AUTHORITY BOARD OF COMMISSIONERS Regular Meeting May 30, 1984 S A The Regular Meeting of the Englewood Housing Authority was called to order at 5:10 p.m . on May 30, 1984, by Vice Chairman Betty Beier, at Simon Center, 3333 South Lincoln, Englewood, Colorado, 80110 . I. BQLL CALL Members Present: Thomas J. Burns, Chairman (Present after 5:15 p.m.) Betty Beier, Vice Chairman Beverly Bradshaw, Me~ber (present after 6:00p.m.) Valerie Lash, Member Cindy Peterson, Member Members Absent: None Also Present: Frances Buck Jonas, Executive Director, EHA Linda A. Knopinski, Housing Administrator-EHA Frank E. McCoumb, Jr., Maintenance Supervisor-EHA Robb Short, Housing Rehab Supervisor -EHA Marie Gutterres, President, Orchard Place Tenant Council Dorothy Gonzales, President, Simon Center Tenant Council Skip Kraner, Utilities Service Association -Director of Marketing Mary A. Ryan, Recording Secretary The Vice Chairman declared a quorum to be present. 11. READING AND AP.fBQVA_L9f...tl..!t/UTE~ The Minutes of the Englewood Housing Authority Board of Commissioners' Meeting held April 25, 1984, were read and approved with no corrections or additions. MOTIO~ CINDY PETERSON MOVED THAT THE NINUTES OF THE ENGLE~OOD HOUSING AUTHORITY BOARD OF COMMISSIONERS' MEETING HELD APRIL 25, 1984, BE ACCEPTED, AS PRESENTED. VALERIE LASH SECONDED THE MOTIOU. AYES: BEIER, LASH, PETERSON NAYS: NONE ABSENT: BURNS, BRADSHAW The Vice Chairman declared the Motion carried. A·/ • I • • • Englewood Housing Authority Board of Commissio n ers May 30 , 19 8 4 • • • Page Tw o There being no further correc tions or addition s to the amended Mi nutl of th e Annual Me eting of February 29, 1984, the Regular Meeting of February 2g , 1984, the Regular Meeting of Ma rch 28, 1984, and the Regular Meeting o f Ap ril 25 , 19 84 , the Englewood Housing Authority Board of Commissioners accepted and approved the aforementioned Minutes for s ubmis sion to t h e Englewood City Council. I I I. f~~Ll.L~Q.YS IN§ CO 48-3 Duplexes The Status Report on the Duplexes was noted by the Board with lit tle discussion . Exec utive Director, France s Buck Jonas, briefly explained to the Board the memo regarding gardens and fences at the Duple x e s and the stipulations for s uch contained in that memo. Cindy Peterson wondered if there was to be any landscape work don e between the Inca Street Duplex and the adjacent new office building parking lot. Ms. Jonas replied that she would check with the Plannin g Department to determine what plans, if any, had been made for a buffer of some kind between these two struct ure s. Ms. Jonas gave a succinct explanation of util i ty allowances as a portion of the rents for the Duplexes. CO 48-2 Orchard Place Executive Director Jonas pointed out the number of fire alarm ca ll s at Orchard Place and explained to the Board how the Prevent i ve Ma intenance Program has helped to decrease that number. Also discussed were questions raised by Cindy Peterson about the different alarm calls (nurse v ersus fire), and reimbursement by te nants for air c ondition i ng units purchased and installed in their apartments. At this point in the Meeting , Skip Kra ne r , Director of Marketing of Utilities Service Association , made a detailed presentation to the Board concerning the feasibility and cost effectiveness of using solar retrofit equipment at Simon Center and Orchard Place. The Board Member s had a number of questions in response to Mr. Kraner's presentation. Largely discussed was how the Englewood Housing Authority could realize a 20 % cost reduction in cost of domestic hot water for Simon Center and Orchard Place by using solar retrofit equipment to implement the hot water producing system now used at these two buildings. Tax credits to investors and maintenance on the solar retrofit equipment were also discussed. Frances Jonas and Frank McCo umb visited the Aurora Housing Authority on May 29 , 1984, to discuss with maintenance people the re- actions they had to use of USA so lar retrofit equipment. Ms. Jonas reported that the Aurora Housing Authority was pleased with the equip- ment but lack of documentation prevented the AHA from being able to present any monetary figures showing a 20 % cost reduction attributabl e to this equipment. Mr. Kraner told the Board that an estimated one- third of the Public Service billing is for domestic hot water. It wa ~ • I • • • • Englewood Hou s ing Auth ority Board of Commissioners May 30, 1984 • • • Page Thre e the de cisio n of the Board of Commissioners that a cost estimate for using USA s olar retrofit equipment at Simon Cent er and Or chard Pla ce be obtained; and that the Englewood Housing Authority Att orney, an arch ite ct and HUO must re view any proposed installation of USA equip-me nt. IT WAS MOVED BY VALERIE LASH THAT THE ENGLEWOOD HOUSING AUTHORITY BOARD OF COMMI SSI ONER S AUTHORIZE EXECUTIVE DIRECTOR FRANCES BUCK JONAS TO FURTHER ANALYZE THE UTILITIES SERVICE ASSOCIATION PROPO SAL FOR SOLAR RETROFIT EQUIPMENT TO BE INSTALLED AT SIMON CENTER AND ORCHARD PLACE; AND TO OBTAIN REVIEWS BY AN ARCHITECT, LEGAL COUNSEL, AND HUO, IF NECESSARY, REGARDING SUCH INSTALLATION. CINDY PETERSON SECO NDE D THIS MOTION. AYES: NAYS: BURNS, BEIER, BRADSHAW, LASH, PETERSON NONE ABSENT: NONE The Chair man declared the Moti on carried. IV. SIMON CENTER The Status Report for Simon Center was noted with some di sc us s ion about the zero number of vacancies. Item C-2, Family Definition memo from Joyce Perry, Housing Manager of Simon Center was noted . Given exten si ve di scuss ion were the questions of whether or not full-t ime , live-in attendants would be allowed; and i f allowed, under what conditions such attendants would be permitted to live at Simon Center. It was agreed upon by the Board Me mbers that Orchard Place and Simon Center should have identical fa mily definition polic ies . It was also the general concensus of the Board and the Pr esi - dents of the Tenant Councils of both Orchard Place and Simon Center that these buildings were considered the homes of the residents living there and should not become nursing home or hospice type facilities. The financial, security, and psychological problems associated with full- time, live-in attendants were discussed at length . MOTION --- IT WAS MOVED BY BEVERLY BRADSHAW THAT THE ENGLEWOOD HOUSING AUTHORITY BOARD OF COMMISSIONERS NOT ACCEPT THE FAMILY DEFINITION AS PRESENTED BY JOYCE PERRY, HOUSING MANAGER OF SIMON CENTE R, IN HER MEMO OF MAY 1, 1984. CINDY PETERSON SECONDED THIS MOTION. AYES: BURNS, BEIER, BRADSHAW, LASH, PETERSON NAYS: NONE ABSENT: NONE The Chairman declared the Motion carried . • I • • - • Englewood Housing Authority Board of Commissioners May 30, 1984 • • • Page Four It was the direction of the Board of Commissioners that the Family Definition Policy adopted for Orchard Place be resubmitted for adoption as the Family Definition Policy for Simon Center. v. The Section 8 Existing Status Report was noted by the Board with succi nct analyzation. VI. The Rehab Status Report was noted by the Board. The Rehab Construction Status Report evoked discussion on the amount of work being done on rehab and anticipated funding by CDBG and CD programs in the near future. Robb Short, Housing Rehabilitation Supervisor, explained that decreased budgetary funding would necessitate holding rehab construction projects to strictly code repairs. Mr. Short further explained that the entire Rehab Program would be geared to helping the increased number of persons who have applied for the subsidized rehab loans, thus making the greatest impact possible with the funds available for rehab work within the target- ed areas . Ms. Jonas explained that the greatest emphasis would, of neces- sity, be placed on making the most houses safe and sanitary with the money received from the CDBG and CD programs. The suggestions made by Mr. Short would amount to policy changes concern- ing Rehab work, and would be made only by the Board of Commissioners a~1 . the recommendation of the Englewood Housing Authority staff. •jr< There was a lengthy discussion by the Board on whether or not the Englewood Housing Authority should instigate foreclosure proceedings on the house represented by loan No. 92 . Ms . Jonas reported to the Board Members an alternative solution profe~red by Englewood Housing ,_ Authority Attorney Robert B. Moch regarding the decision to foreclose or not. The Board pointed out the necessity of having an effective policy regarding foreclosures. It was agreed that the financial and legal aspe cts of this situation should be fully investigated before any decision is made by the Englewood Housing Authority Board of Com- missioners regarding foreclosure on the property. ly The ARRP Status Report was next discussed. Ms. Jonas reported that Janet Grimmett, Housing Finance Specialist, had a family on the waiting list for the house at 275B South Delaware who may qualify to purcha s e that property. In connection with the ARRP Program, such items as public outreach, its definition, and the appraised value of the unit located at 2758 South Delaware were discussed briefly. Item E-4 on the Agenda was discussed. Robb Short explained that all bids on the rehabilitation of the multiples had been opened May 30, lg84. The bids were so varied, however, that a more detailed report would have to be presented to the Members at the next Board Meeting . • I • - t> • lnglewood Housing Authority Board of Commissioners May 30, 1g34 • • • Page Five The letter from Gloria Dale Lewis, Director, Program Operations Division of HUD dealing with concerns noted by Sheila H. Maddox, Equal Opportunity Specialist during her visit on February 21, 1984, to monitor equal opportunity within the CDBG program in Englewood was next discussed. All items of concern related in that letter were satisfactorily expla i ned to the Board Members by the Executive Director, Ms. Jonas. As a further response to this letter, Robb Short told the Board Members we will be sending letters to minority contractors soliciting their bids on rehab work. Dorothy Gonzales, President of the Tenant Council at Simon Center spoke to the Board about concerns of residents at Simon Center over guests and outside help who smoke in the public areas of the building. This cigarette smoke causes severe health problems for many of the residents of that building. It was decided by the Board that the Tenant Council should handle this problem by passing a no-smoking policy clearly out- lining areas where cigarette smoking would and would not be allowed. It was further decided that no-smoking signs and posters would be help- ful and should be purchased. Marie Gutterres, President of the Tenant Council at Orchard Place, asked the Board if anything could be done about the lack of proper ventilation in the laundry-lobby areas of Orchard Place. Several different measures of dealing with this problem were discussed. It was decided that further study of solutions to this problem must be sought out and studied before a final decision as to how to remedy this problem is reached by the Board. There was also a lengthy discussion prompted by the new HUD ruling concern- ing the allowance of pets in Pederally assisted rental housing for the elderly and disabled. It was pointed out that presently, the only ef- fective steps Housing Authorities are allowed to take in response to this new ruling is the regulation of pet ownership by residents through clearly defined guidelines. It was further suggested by the Executive Director and by the Housing Administrator that if tenants of such Federally assisted housing are unhappy with this new HUD ruling, that such tenants write their congressmen expressing their displeasure with thi s law. VI I I. DIRECTOR'S CHOICE Concerning the 1984 NAHRO Commissioners ' Conference to be held in Denver, July 27 and 28, Ex ecutive Director Jonas asked any commissioner interested in attending this c onference to let the Englewood Housing Authority know. It was mentioned briefly that the Englewood City Audit was now complete and the Englewood Housing Authority audit should commence in the near future . I • • • Englewood Hou sing Authority Board of Commissioners May 30, 1984 • • • Page Six A memo was submitte d to the Board of Commissioners from Susan Power s, Director of Community Development, stating that Linda A. Knopinski, Housing Administrator, will be utili7ino 50 % of her time helping Ms Powers with the Downtown Redevelopment Project. The Board was informed that Ms Knopinski will not be involved with the Rehab Progra m; and in that regard, Janet Grimmett, Hou sing Finance Sp eciali st, will be reporting directly to Frances Buck Jonas. The purchase of a personal computer by the Urban Renewal Authority for use by Ms. Knopinski to work on Downtown Redevelopment finances and possible time sharing with the Englewood Housing Authority was briefly discu sse d. MOTION ---- IT WAS MOVED BY CINDY PETERSON THAT THE ENGLEWOOD HOUSING AUTHORITY BOARD OF COMMISSIONERS GO INTO EXECUTIVE SESSION. BEVERLY BRADSHAW SECONDED THE MOTION. AYES: NAYS: ABSENT: BURNS, BEIER, BRADSHAW, LASH, PETERSON NONE NONE The Chairma n declared the Motion carried . It was determined that there was no further business to be conducted by the Englewood Housing Authority Board of Commissioners . MOT! ON ---- IT WAS MOVED BY CINDY PETERSON THAT THE ME ETING OF THE ENGLEWOOD HOUSING AUTHORITY BOARD OF COMMISSIONERS HELD MAY 30, 1984, BE AD- JOU RNED. VALERIE LASH SECONDED THIS MOTION. AYES: NAYS: ABSENT: BURNS, BEIER, BRADSHAW, LASH, PETERSON NON E NON E The Chairman declared the Motion carrie d. The Meeting was adjourned at 8 :44 p.m. • I • • - • • • • • • The Minutes, as amended, of the Regular t1eeting of the Englewood Hou sing Authority Board of Commissioners, held May 30, l9B4, sta nd approved as submitted. -, I -/ u: ' ' \ /' -/ /', /l ) _,_ yJ. Li. . '-;---Tfl6m'a?(·_,~;-'8Utn s ~---=\.:~ Chairman &¥~nif~J~·,c ~~-_r Executive Direct~..: • I • • 0 • • • • ENGLBvOOD DOWN TOWN DEVELO PMEN T AUTHORITY 3535 S. Sherman -Englewood , CO 8 0110 MI NUTES June 13, 1984 5 8 -., Board Members Present: Coleman, Close, Green, Holthaus, Kaufman, Maxwell, Neal, Owens, Pendleton, Tomooka Board Members Absent: Mausol f Staff Present: M. Haviland, P. Dietrich Guests: Dorothy Dalquist, And y McCo wn, Susan Powers The regular meeting of the Englewood Downtown Development Authority Board of Directors was called to order by Chairman Walt Tomooka on J une 13, 1984 at 12:07 PM. The minutes from the May 16, 1984 meeting we re presented for approval. Mr. Kaufma n moved, sec onded by Mr. Pendleton, to approve the minutes from the prev io us meeting . The motion was passed unanimously by voice vote. Mr. Pendleton presented the audited financial report for 1983. Mr. Neal moved, seconded by Mr. Kaufm an, to accept this report. The motion was passed unanimously by voice vote. Mr. Pendleton moved, seconded by Mr. Maxwell, to amend the minutes from the October, 1982 meeting to include a motion that approved the proposed 1983 budget as presented by the Budget Subcommi ttee. The motion was passed unanimously by voice vote. CHAIRMAN'S REPORT Safeway Update -Because the EDDA has exhausted the most likely prospect s for the Safeway property, the Director was asked to write a letter to Safeway indicating this. However, it was noted that the EDDA co uld work with Safeway with any prospective cl ients. The use of the City of Englewood's CDBG funds was alsq noted as a possible incentive for renovating the building. • I • • ( • Page Two Minutes June 13 , 1984 • • .. Other-Mr. Neal noted that at the City Council meeting on June 18, 1984, the Council will app rove the nominations of two new board members for the upcoming vacancies on the Board of Directors of EDDA. DIRECTOR'S REPORT Clean Up Report -Mr. Kaufman questioned the value of the clean up program during the major co nstruction period of the redevelopment project. Mr. Maxwell moved, seconded by Mrs. Holthaus, to let th e current contract with Burke Con- struction Service expire. It was noted that when this construction is over, the Board can reconsider the clean up program. The motion was passed unani- mously by voice vote. Work Program -The Executive Director presented a work program for 1984 through 1987. Mr. Pendle ton moved, seconded by Ms. Owens, to approve the Work Program, dated J une 7, 1984. The motion was passed unanimously by voice vote. Other -There was a que stion as to the relocation benefits being considered by the Urban Renewal Authority. Ms. Powers noted that the URA had recently approved a payment of $44,000 for relocation purposes. Election of ~fficer s -The names of Bill Pendleton and Walt Tomooka were nominated for the position of Chairman, Mr. Tomooka respectfully declined his nomination. lrr . Kaufman mov ed, seconded by Mr. Coleman, to approve the nomination of Mr. Bill Pendleton for Chairman. The motion was passed unanimously by voice vote. The name of Dan Green was nominated for Treasurer. Mr. Close moved, seconded by Mr. Pendleton, to approve the nomination of Mr. Dan Green as Treasurer. The motion was passed unanimously by voice vote. The name of Rachel Owens was nominated for Secretary. Mr. Close moved, seconded by Mr. Kaufman, to approve the nomination of Ms. Owens as Secretary. The motion was passed unanimously by voice vote. Mr. Neal expressed his sincere and deep appreciation to Mr. Tomooka for hi s time and effort as Chairman of EDDA, Other -There will be a Ground Breaking Ceremony on June 27, 1984 at ll:OOAM ~he King Soopers building. Major announcements concerning the redevelop- ment project will also be made at this time. Mr. McCown noted that minutes of the EDDA meetings should be approved by the Board of Directors before they are published. This will be the procedure followed in th future. As there was no further business, the meeting was adjourned at 1:25PM • • I • co o · • • • • MINUTES ENGLEWOOD, COLORADo BOARD OF ADJUSTMENT AND APPE},LS June 13, 1984 The regular meeting of the Board of Adjustment and Appeals began at 7:30p.m. MEMBERS PRESENT: MEMBERS ABSENT: ALSO PRESENT: Seymour, Hallagin, Brown, Dawson, Fish, Ferguson and Gage. None. Dorothy A. Romans, Staff Advisor Larry D. Yenglin, Planner I Sheryl Rousses, Recording Secretary * * * * • Chairman Gage called the meeting to order and stated that with seven members present, five votes would be required to grant a variance. BOARD MEMBER SEYMOUR MOVED THAT THE MINUTES OF THE MEETING OF MAY 9, 1984, BE APPROVED AS WRITTEN. Board Member Hallagin seconded the mot ion. Upon a vote, all seven members voted in the affirmative, and the Chairman ruled that the May 9, 1984, Minutes were APPROVED as written. * • * • * BOARD MEMBER SEYMOUR MOVED THAT THE FINDINGS OF FACT IN CASES NO. 14-84, 15-84, 16-84 AND 17-84 BE APPROVED AS WRITTEN. Board Member Dawson seconded the motion. Upon a vote, all seven members voted in the affirmative, and the Chairman ruled that the Findings of Fact in Cases No. 14-84, 15-84, 16-84 and 17-84 were APPROVED as written. * * * * * The Chairman opened the Public Hearing for Case No. 18-84, 4430 South Grant Street, and asked that the staff identify the request. Mr. Yenglin stated that the applicant has purchased a building site which has a 75-foot frontage, and he would like to divide the property into two single-family building sites. To do this, he is requesting a reduction in the minimum required lot frontage from 50 feet to 37.5 feet and in the minimum required lot area from 6,000 square feet to 4,687.5 square feet, These are variances from the Comprehensive Zoning Ordinance, Section 22.4-4 c (2) (a) -Minimum Area of Lot, and Section 22.4-4 f (2) (a) -Minimum Frontage of Lot. • I • • • • • -2- The Chairman asked the applicant to come forward. Thomas Townsend, 669 East Tufts Avenue, came forward and was sworn in. He stated that he is applying for a variance to permit him to erect two single-family residences, each on a 37.5 foot lot. Hr. Townsend stated that this would increase tax revenues for the City and schools, would raise school enrollments and provide houses for two families in Englewood. The houses would be similar to one built at 3975 South Delaware Street and would have 1040 square feet of living area plus a basement, which would allow for the growth of the families. He said that the situation is unique because the present house is an alley house which consists of 470 square feet, and this house would be very expensive to bring up to Code. The purpose of the R-1-C zoning will be met as these homes would be occupied by single families. The new homes would upgrade the neighborhood. These houses would sell for $80,000, which, Hr. Townsend stated, would be of higher value than the neighboring homes. Housing in Englewood is needed. Hr. Brown asked if the homes would be rented or owned, and whether there would be adequate parking. Hr. Townsend said that they would be individually owned, and there would be a one-car garage, with a long strip of gravel which can be used for the parking of two cars. Hr. Seymour observed that there would be a 25% reduction in lot frontage and a 22% reduction in square footage. Hr. Ferguson asked what hardship exists in this case which would require a variance in order for building to take place. Hr. Townsend said that granting the variance would create more housing. Hr. Fish said that there must be unique circumstances which would not permit a reasonable return in use, service or income compared to adjacent properties. Hr. Townsend said that he would like to create as much service to the City and to the buyers of the home, as well as himself, as possible. This will benefit the neighborhood as well. Hr. Hallagin objected to the use of tax revenues as a justification for granting a variance. He said that a nice, big house could be built on the property. Hr. Townsend said that such a house is not often found in Englewood. Hr. Brown said that there would not be much play area for children if these homes were built. Hr. Townsend said that there are many areas of Englewood which have yard areas the same size as these homes would have. He said that 4465 and 4443 South Grant have below the minimum lot frontage, and the house on the southeast corner of Stanford and Grant is 50 x 100 feet, and does not have the required lot area. There were no further questions. There were no further speakers in favor of the request, and there were no speakers in opposition. The Board noted the petition submitted by inhabitants of the neighborhood, which petition contained twenty-three signatures of people opposed to granting the variance. The Chairman asked that the Staff Report be made a part of the record, and there were no further comments from the staff. The Chairman closed the · Public Hearing for Case No. 18-84. BQARD MEMBER SEYMOUR MOVED THAT IN CASE NO. 18-84 , MR. 1110MAS TOWNSEND BE GRANTED A VARIANCE FOR PROPERTY LOCATED AT 4430 SOUTH GRANT STREET, PERMITTING A REDUCTION IN THE MINIMUM REQUIRED LOT FRONTAGE FROM 50 FEET TO 37. 5 FEET, AND • I • • co • • • • -3- IN THE MINIMUM REQUIRED LOT AREA FROM 6,000 SQUARE FEET TO 4,687.5 SQUARE FEET. THESE ARE VARIANCES FROM THE COMPREHENSIVE ZONIN G ORDINANCE, SECTION 22.4-4 c (2) (a) -MINIMUM AREA OF LOT AND SECTIO N 22.4-4 f (2) (a) -MINIMUM FRONTAGE OF LOT. Board Member Dawson seconded the motion. Upon a vote, all seven members voted in the nega tive, and the Chairman ruled that the variance was DENIED. The members gave their findings as follows: Hr. Seymour stated that he voted in opposition to the variance because there was no hardship shown, none of the six conditions necessary for a variance were met, and 37.5 feet is not enough frontage for a home in this neighborhood in which a minimum frontage of 50 feet is required. Mr. Hallagin voted "no" because there were no unique circumstances, and granting the variance would weaken the Ordinance. None of the six conditions were met. Mr. Brown said he voted "no" because 23 people signed an opposing petition, and not all of the conditions necessary for a variance were met. Mrs. Dawson said that she voted "no" because the neighbors opposed the variance. Zoning laws should be followed in most cases, and there is not enough room on this property for two houses. Mr. Fish said there were no unique circumstances in this case, and granting the variance would weaken the Ordinance and harm the neighborhood. Mr. Ferguson voted against the variance because the six conditions were not fulfilled, and in that area, 37 •. 5 feet is too small a lot area for single-family homes. Mr. Gage said that the applicant did not meet all the necessary conditions, and granting the variance would weaken the Zoning Ordinance. Chairman Gage opened the Public Hearing on Case #19-84. He stated that he had proof of posting and publication, and asked that the staff identify the request. Mr. Yenglin stated that the applicants were requesting permission to construct a 22 foot by 22 foot addition to the rear of the house. This property is ' designated as a Nonconforming Use, a single-family residential use in the B-1, Business District. An extension of a Nonconforming Use is not permitted by right and would have to be approved by the Board of Adjustment and Appeals. This is a variance from the Comprehensive Zoning Ordinance, Section 22.6-3 -Extension of Nonconforming Use. The Chairman asked that the applicants come forward for teatimony. Thomas and Sandra Maes, 3332 South Sherman Street, came forward and were sworn in. Mr. Maea aaid that they have a family of four and are living in a houae which has under 800 aquare feet of living area. They are in a target area and can receive a loan from HUD if the variance ia granted to permit them to enlarge their home. Hr. and Mrs. Maes atated that other neighbora have • I • - • • • - -4- added to their homes in that area, and three letters had been submitted by the Mae& with the signatures of their neighbors approving the granting of the variance. Mr. Hallagin asked if they would have to remove the large tree at the rear of the house. Mr. Maes said that it would be removed, but there are four large trees already in the yard and two new trees will be planted. A maple has been planted ten feet further back to replace the existing elm tree. Mr. Hallagin asked if the porch would be removed. Mr. Maes said the porch would be removed, as well as a small utility room, so there would only be twelve additional feet added to the house. Mr. Brown asked if the new addition would match the old house. Mr. Maes said they would make every effort to match the siding and HUD will help see that the addition is well done. There were no further speakers in favor of the request or in opposition to it. The Chairman asked that the Staff Report be made part of the record and asked if the staff had anything further to add. Mrs. Romans said that if the applicants do continue under the rehabilitation program, the Design Review Committee will ensure that the addition ties in with the existing house . She said that Susan King is the representative of the Planning Division on the Committee. The Chairman closed the Public Hearing for Case #19-84. BOARD MEMBER BROWN MOVED THAT APPROVAL BE GIVEN FOR A TWENTY-TWO FOOT BY TWENTY-TWO FOOT ADDITION TO THE REAR OF THE HOUSE AT 3332 SOUTH SHERMAN STREET. THIS IS A VARIANCE FROM THE COMPREHENSIVE ZONING ORDINANCE, SECTION 22.6-3 - EXTENSION OF NONCONFORMING USE. Board Member Hallagin sec onded the motion. Upon a vote, all seven members voted in the affirmative, and the Chairman ruled that the motion was APPROVED. The members gave their findings as follows: Mr. Seymour stated that there was a hardship, the six conditions were aet, and the zoning is not correct for the neighborhood, as most of the uses are residential, while the area is zoned B-1. Mr. Hallagin voted in favor of granting the request because the six conditions were met, the house will be improved, and the owners need more room. Mr. Brown voted "yes" because there was a hardship, and there was no opposition. The addition will improve the house and the neighborhood. Mrs. Dawson voted "yes" because the house is very small for a family, and the zoning is not correct. Mr. Fish voted "yes" because the zoning require-nts are a hardship in this caae. Mr. Ferguson voted "yea" because the situation is cauaed by zoning regulations inappropriate for the area, and the addition will not alter the character of the area or injure the neighborhood. The aix conditions were Mt • • I • - cc. • • • • -5- Mr. Gage voted "yea" because the six conditions necessary for a variance were met, and the zoning requirements are not raflective of the neighborhood. • • • • • DIRECTOR'S CHOICE. None. BOARD'S CHOICE. Mr. Seymour said he had heard that there is a court date set in July for the Rosvall case. Mr. Brown and Mr. Gage may not attend the next .. eting. Mr. Gage appointed Mr. Seymour to preside as chairman if neither Mr. Brown nor Mr. Gage is present at that .. eting. Mrs. Romans asked if the Board would like to meet on another Wednesday in July if a quorwa is not reached at the July meeting. The Board preferred to hold the .. eting at the usual time . The meeting adjourned at 8:20 p.m. Sheryl ROusses, Recording Secretary • I • • • • - Engl~ Parks and Recreation Ccmnission 5 D -~ Minutes of June 14, 1984 The regular tiDlthly meeting of the Engl~ Parks and Recreation Ccmnission was called to order at 5 :35p.m. by Cllai.rman Poole at the Engl~ ~tnicipal Golf Course Clubhouse. Members present: Allen, lloarcknan, Bradshaw, Gates, Higday, Hixon, lbward, Poole, Rademacher, Ranans, ex officio Members absent : l'«lne Also present: Leon Kuhn, Assistant Director of Parks and Recreatien !bug Foe, Assistant Director of Parks and Recreation Mark U.ebennan, Parks and Recreatien llepartnEnt Intern Cllai.rman Poole asked if there were any additicns or correcticns to the minutes of May 10, 1984. Cmmissicner Gates stated that he was not present at the May 10, meeting and the minutes sb:ruld so reflect. Also, Ccmnissiener Hixon stated that on page 4, para. 5, it sb:ruld show that Hixon, and not Rademacher, responded to Conmissicner lbward' s inquiry ccnceming 'lotlether or not swimning was a graduation requirE!I!Blt. A untion was made and '· .. econded that the minutes be approved as corrected. The untion passed. Director Ranans reported that a meeting was held last week en the jlllior golf program with the Englewod Mm's Clubs officers, Recreation Supervisor Kal Ballard, and golf course staff tnelltJers Mark Kindahl, Jom Hatcher, and Jerry King. Ranans asked this camrl.ttee to act as an advisory group for the jlllior golf progran. At this meeting, Ranans asked Kal Ballard and Mark Kindahl to prepare a report for this camrl.ttee, which will then be present- ed to the Ccmnission, en how to set up the jlllior golf progran. Kindahl. will set up the teaching progran, philosophies, aims, tines, etc., Ulder the supervision of Ken Ballard. Ranans stated that he is proposing that the progran for the first year will consist of l essons in the gare of golf, and next year it wuld be expanded to include a club league which will seek play with other course teEm!. Ccmnissicner Bradshaw stated her concern is that there doesn't sean to be adequate recruiting for this progran, and also that many " oarents do not show enough interest and support in their kids playing golf to provide ' ( transportation for then. Bradshaw suggested to Jom Hatcher at a recent meeting that per- haps the mens and 'WalelS clubs could be called upon to help provide sane of these services . • • I . • • Engl~ Parks and Recreation Ccmnission Minutes of June 14, 1984 Page -2- • • • Rcmans further stated that he ~d prepare a press release and it will appear in the Engl~ Citizen and the Engl~ Sentinel. There was SCIIIe discussion conceming what ldnd of autmrity the junior golf program ccmnittee might have in maldng reccmnendations to the Ccmnission. After SCIIIe discussion, Ccmnissioner Bradshaw made a untion, seconded by Ccmnissioner Ganes, that the Parks and Recreation Ccmni.ssion has this group act as an advisory ccmnittee to the Ccmnission on their ideas for planning and organizing a junior golf proerarn. The notion passed. Assistant Director Foe introduced Mark Lieberman to the Ccmni.ssion and explained that Mark is serving as an intern with the Parks and Recreation Departllelt for the s\.lliiler. With regard to the DDVe of D..lncan Building activities to Cherrelyn Elementary School, Director Ranans reported that it was decided at the last City/School Ccmn:ittee meeting that the Parks and Recreation Departnelt ~d unve out of IUlcan by Septamer of this year. He stated that details are now being worked out concerning who will be responsible for the expenses of lighting and heating, etc. Ranans stated that plans are also being made for DDVing the nature center to MadOOx School. He explained that Q.Jest, a private scmol for exceptional children, was willing to leave space at IUlcan for the nature center in the event they ~d be occupying the building, rut if the Scmol leased the building to Swedish 1-k>spital, the nature center will have to be relocated. Assistant Director Kuln stated that the City has maintained all the turf area at D.mcan since the City DDVed into the D.mcan Building . Prior to that, the City maintained only the turf area south of the D..rlcan Building, which is mder a 25 year lease fran the Scrools for a park site. Kuln mentioned that the City spent quite a bit of rooney to inprove the sprinkler system over the entire area, installation of play apparatus, and renovation of the restroans so they could be available to park users. He felt that one party should maintain the entire turf area since there is only one water tap . There was uuch discussion concerning the grm.nds and park maintenance at D.mcan, accessibility of the outdoor restroans to the public, and the future of the D..lncan Building . • I • • • Eng1~ Parks and Recreation Comnission Minutes of June 14, 1984 Page -3- • • • I \ Jmmssioner Higday stated he '¥rnll.d request a meeting to be set up with representatives of • Swedish Hospital and School Board, sane members of the Parks and Recreation Comnission, and Director Romans in order that sane infonnation could be obtained as to what are Swedish Hospital IS long term plans and 00w nuch Change will be made tO l),ncan Building. He Stated that the neighborOOod is interested in this area remaining as a park. Mr. Romans added that he also was interested in this area remaining a park and that the City should purchase the land fran the School if necessary to retain this site as a park. Director Romans stated he and the school staff are to report to the City/School Ccmnittee concerning costs, etc. , with regard to relocating the IUlcan Building programs. He also reported that the Recreation staff has begun investigating the possibilities of coostructing a log cabin type building to be used as a nature center in the nature area of Belleview Park . Me.arrwtrl.le, the staff is pursuing the possibility of a nvve to Maddox, ~ch has sane B!l'ty classroans . Ranans stated the staff will be approaching the Camdssion with \: ... deas concerning this possibility in the near future. Ccmnissioner Rademacher entered the meeting at 6:30 p.m. Concerning the Detention Pond ballfield and its use for the S\JDIIer season, Director Ranans reported that Gary Diede, Director of Engineering Services, fOU'ld that they were having problans with the new sod on a portion of the field and asked Assistant Director Kuln to inspect it. Kuhn discovered a disease in a portion of the sod area . Kuhn stated that Densel Ragland of the Engineering Department will have a turf expert verify this condition and will have the area sprayed with a !Ulgicide if necessary. Assistant Director Kuhn stated a determination will be made tcmJrrow concerning \\~hen t he field might be ready for play . Camlissioner Boarcinan stated he mderstood that the infi eld sod, ~ch was laid only this past Spring, wul.dn't be playable for a ~le and asked about the possibility of alternate fields such as M..tllens School or Sheridan . Ranans stated that 1<en Ballard checked around for fields and was not able to locate any that were available . Rcmans was inforned by Gary Diede that the City DUSt be careful in that once the field i s used, t he contract or will autanatically be released fran any liability or carpletion of • I • • n Englew:xxl Parks and Recreation Comnission Minutes of June 14 , 1984 Page -4- • • • the project . Ranans stated that Assistant City Manager Vargas will meet with Gary Diede , Jim Phillipe and larry Nisbet of Englewood Scrools, and intends to reccmrend that anyone wanting to use the field will have to approach the Scrool Board to obtain autrorizati.on for use, but it will be detenn:ined by the City when the use of the field will take place . Q:mnissi.oner Howard asked row long the City will be responsible for the maintenance of the field and Ranan3 informed her that the agrE!EIIIent states the City's responsibility will expire in 0.0 years. Director Ranans reviewed the proposed golf fees increase for 1984, copies of which were included in the Cmmissi.on' s packets. He explained the staff reccmnended the increases in 1984 because the Englewood G:>lf Course fees are a!IDl1g the lowest in the metro area and in order to properly maintain and ilrprove the course, it is necessary to maintain adequate revenues. After uuch discussion, Cmmissioner Qnes made a IIDtion, seconded by Ccmnissioner Howard, that the Cmmission make a recaJIII!ndation to City Council that golf fees be enacte as follows : Resident 9 ooles -$4.00, 18 ooles -$7 .00; Senior Residents 9 ooles -$3 .00, 18 ooles -$5.00 ; Non-Resident 9 ooles -$5.50, 18 ooles -$8 .50 . • Cmmissioner Bradshaw made a DDtion to aoend Cmmissioner Qnes' mtion to enact the fees as stated except the Non-Resident 18 oole fee be changed to $9 .00 instead of $8 .50. The IIDtion was secalded by Cmmissioner Boarc:ban and passed . Concerning City Council's decision on the final interior decoration of the Englewood Recreation Center, Assistant Director Foe reported that the major change was made in the entry way floor design, which was changed fran a slate material to a quarry tile . These tiles are 4' square, brc11o11 in color, with a 4" dark green border arcuui each tile. City Cmncil also discussed the neon sign which will ranain as part of the interior decoration of the center . Foe also stated there was a change in the furniture material in the lounge to a beige salm:n . Cmmissioner Bradshaw stated that there will be an exterior sign on the building but that it will be !mlll in size. Ccmnissioner Hi.gday stated he felt that the City Council was taking a greater interest in the design of new City buildings and will be taking a greater part in the construction • I • • • • • Fngl~d Parks and Recreation Crornission Minutes of June 14, 1984 Page -5- \.lf the new city hall . Ccmnissi.oner Higday reported that the Planning and Zoning Ccmni.ssion has suggested that a parkway nedi.an strip be installed on West Oxford near the camu'lity center to help enhance that area of town, and wanted to know the Camrl.ssion 1 s reaction to this suggestion. 'The reaction of the Ccmnission and staff was very positive. With regard to the miniature train at Belleview Park, Assistant Director Kuhn reported that the tracks are now cal{llete and the train was running in time for the MenDrial Day weekend. Kuhn stated that the contractor of this project, Railroad Services, was very con- scientious in his work and didn 1 t damage the park in any way. To keep rock fran the railroad bed fran scattering in the grass, an edging of ties was put on each side of the track. Kuhn felt this WJUl.d help keep the rock in place and maintain a solid train bed through the years . Kuhn reported that the final aiming check was done on the new Belleview ballfield \ighting systE!II, and the candlepower nearly doubled the specifications requirEIIIE!1t. He stated that three of the lights need to be adjusted slightly to cal{llete the project satisfactorily. 1ilder Director 1 s choice, Director Ranans inquired if the Ccmnission wished to have a July meeting since it has been the Ccmnission 1 s practice in past years not to hold a July meeting due to tuJIIerOUS 8\JIIIIertime activities. He suggested that perhaps the Cc.mn:ission 'I>Uuld like to use this meeting time to tour the new Platte River trail and also ride the Belleview train . After scme discussion, it was decided that the Ccmnission will neet at the Belleview train at 5 :00 p.m., after Wich they will go to the golf course and take golf carts to the trail. Dinner and meeting at the Mfers will follow the trail tour . Director Ranans asked if any of the Ccmnission II8!Ders had questions on the proposed City/School High School Pool AgreEIIIE!1t. He reported that the City/School Ccmnittee has requested that a definite cost per rour be established for City pool use beginning in 1985 . L ?resently, the agreEI!Eilt states that the City 'WOuld be charged for maintenance only as detennined by the scrools. Ranans stated that Assistant Director Foe , Recreation Supervisor Carolyn Tracy and Jim Phillipe, Director of Property Services for Englewood Schools, are now • • I • • - Engl~ Parks and Recreation Ccmnission Minutes of June 14, 1984 Page -6- • • - working on a cost per hour for the pool. Ranans gave sane reasons why the City sOOul.d be charged a reduced rental fee: 1) the Citv built the pool in 1967, 2) the City will have third priority, which will limit the aoomt of available prime time, and 3) the City will serve primarily resident participants. 1.bder Ccmni.ssioner' s croice. Ccmni.ssioner Higday stated that during heavy rains. the DDWers danage portions of the interchange at Broadway and~. especially at the bottan of the City logo that is located in the west portion of the interchange. Kuhn advised him that the UDWi.ng tractors are not designed to handle the slope and gulley area which causes sane of this problan. Ranans also stated that in that area, there is poor drainage and in order to eliminate the problen, it \oO\lld be necessary to ramve all the sod and raise the ground level. Rana:ns stated that this area was put in by the State and is only maintained by the City. Kuhn stated he 1oD.lld look into the problan and report to the Ccmnission. Ccmnissioner Higday also asked about the interchange at Hanpden and Santa Fe . Ranans informed him that the Hi.ghey Department has approached the Parks and Recreation Depart:mer with future designs of that interchange and Kells Waggoner, Director of Public Works, and Assistant Director Kuhn are working out landscaping plans llilich will be presented to City Col.ncil for approval when costs are determined. Director Rl:mlns reported that regarding maintenance of the proposed Englewood Parkway and the new c:k:Mltolol'l area, it is the City staff's feeling that maintenance in the public right-of-way will be the City's responsibility , and maintenance out of the public right-of- way will be the responsibility of Brady Oxporation or the ptoperty CMler . Rallans stated the Parks and Recreation Departnelt will need to propose a budget for this area when ~leted . Ccmnissioner lbward CCJ~tllimented the Parks and Recreation Department for the attractive and well maintained median strips on South Broadway. Ccmnissioner Bradshaw requested that the Parks and Recreation staff subnit a report regarding staffing of the camunity center and the selection process of the center director. Ranans inforned her that a report has already been subnitted to Assistant City Manager Va _ .. s wro will in turn forward it to City Col.ncil. Bradshaw voiced c:alCern, shared by City Ccutcil, because of additional office space that was not included in the original plan . She asked • • I . Englewood Parks and Recreation Comnission · Minu"tes of June 14 , 1984 Page -7- • • • i:hat information on this subject be given to City Ccn.ncil. Director Ranans, referring to the Ccmnission' s concern about the dirty carpet at the entry of the golf course clubhouse, reported that this portion of the carpet, in spite of being clecmed recently, the dirt spot is again sOOwing through . He stated it may be necessary to replace the portion of carpet if further attaq>ts to reouve the stain fail . Concerning the noisy faucets in the golf course clubhouse bar, Director Ranans re- ported that new 'WBShers are being installed and OOpefully this will eliminate the noise . Rcmans reported that other matters of concern that are being check in to include the speaker systEIII at the golf course clubhouse, the controls of which are located in the golf sOOJ> loilere it is very incawenient to the resta\n'ant staff to get to \ihen the golf sOOJ> is closed . Also, the small resta\n'ant office space needs air conditioning, which becanes very hot in sumer. The ueeting 'WB8 adjourned at 7:40p.m. • • I . - ' \ • • • • • CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION July 3, 1984 5 t · I. CALL TO ORDER. The regular meeting of the City Planning and Zoning Commission was called to order at 7:00 p.m. by Vice Chairman Becker. Members present: Barbre, Tanguma, Carson, Magnuson, Stoel, Becker, Venard and Allen. D. A. Romans, Assistant Director of Community Development, Ex Officio. Members absent: McBrayer. Also present: Jack Olsen, City Attorney. II. APPROVAL OF MINUTES. May 31, 1984, and June 26, 1984. Chairman Becker stated that the Minutes of May 31, 1984, and June 26, 1984, were to be considered for approval. Carson moved: Magnuson seconded: The Minutes of May 31, 1984, and June 26, 1984, be approved as written. AYES: NAYS: ABSENT: III. Barbre, Tanguma, Carson, Magnuson, Stoel, Becker, Venard and Allen. None. McBrayer. FINDINGS OF FACT. Zoning of the land known as Arapahoe County Fairgrounds property and the South Drive-in property. CASE # 23-84 Mr. Carson asked that on Page 2, Number 14 of the Findings and Number 2 of the Conclusions reflect that Mr. Sakdol, While he did speak in favor of the zoning, asked that the Ca.adssion consider eliminating the R-3 area on the northeast portion of the site north of Belleview, and making that whole area B-2. Carson moved: Venard seconded: The Findings of Facts for Case #24-84 be approved as amended. AYES: NAYS: ABSENT: Barbre, Tanguma, Carson, Magnuson, Stoel, Becker, Venard, Allen. None. McBrayer. The Chairman stated that the Findings of Fact in Case #23-84 were approved as amended. PUBLIC HEARING. 1-1 Zoning Ordinance. CASE I 24-84 IV. Chairman Becker asked for a .ation to open ths Public Hearing concernina the changing of the maximum height of buildings fro• 60 feet to 100 feet in the 1-1 zone district. • I • • • • • .. -2- Tanguma moved: Carson seconded: The Public Hearing for Case #24-84 be opened. AYES: NAYS: Barbre, Tanguma, Carson, Magnuson, Stoel, Becker, Venard and Allen. None. ABSENT: McBrayer. Chairman Becker declared that the Public Hearing for Case #24-84 was opened. She said that she had proof of publication of the notice of the Public Hearing, and asked if the Commissioners had any questions concerning the Case. Mr. Stoel asked how many floors could be accommodated in 100 feet. Mrs. Romans said the floors could vary in height from nine feet to 13~ feet, so it would be difficult to say how many floors could be accommodated in 100 feet. Mrs. Becker noted that there were no speakers wishing to speak concerning this matter. Carson moved: Venard seconded: The Public Hearing for Case #24-84 be closed. AYES: Barbre, Tanguma, Carson, Magnuson, Stoel, Becker, Venard, Allen. NAYS: None. ABSENT: McBrayer. Chairman Becker closed the Public Hearing. Tanguma moved: Barbre seconded: That in Case #24-84, the Planning Commission recommend to the City Council that the B-1 section of the Zoning Ordinance be amended to permit a maximum height of 100 feet rather than 60 feet. AYES: NAYS: Barbre, Tanguma, Carson, Magnuson, Stoel, Becker, Venard, Allen. None. ABSENT: McBrayer. The Chairman declared the motion passed, and directed the Staff to send Council a recommendation that the maximum height be changed from 60 feet to 100 feet in the B-1 zone district. V. CAPITOL IMPROVEMENT PROGRAM. Mrs. Becker said that each year the Planning Commission sends to Council a list of items which should be considered as future projects in the Capitol Improvement Program. Mrs. Romans had presented a list of possible projects that the Commission might want to consider. These included a nature center, the moving of the Court facilities to the Police-Fire Center, the redesigning of the parking lot at the Police station, and the correction of drainage problems on South Clay Street in conjunction with the City of Sheridan. Mr. Stoel and Mrs. Becker stated that the City would have few uncommitted funds for any new projects, and perhaps the Commission should not even consider sending new suggestions. Mr. Allen said that he would want a trash collection and treatment plan added to the list. Hra. Romans said that a liat would kaep projects fresh in people's ainda, and the way could be paved for those projects to begin in several years' time. Hr. Allen questioned some of the items in the present six-quarter budget • I • • - ( • • • • • -3- Tanguma moved: Magnuson seconded: That the discussion concerning the Capitol Improvement Program suggestions be tabled until a meeting to be held on July 10, 1984. AYES: NAYS: Barbre, Tanguma, Magnuson, Venard, Allen. Carson, Stoel, Becker. ABSENT: McBrayer. The Chairman declared the Capitol Improvement Program tabled until July 10, 1984. The Commission asked that Mr. Diede and Mr. Romans be invited to the next meeting to discuss the Capitol Improvement Program. Mr. Allen stated that he had arranged a seminar on Tuesday, July 10, 1984, at 5:30 p~m. concerning trash disposal and collection. The seminar will be conducted by a group from Boulder. Mrs. Romans arranged for the meeting to be held in the Community Room. Mr. Allen asked how many people could attend, and all eight members present said they would attend. Mr. Olsen said that he would be unable to attend. Mr. Allen asked that the staff, Mrs. Romans and Mr. McCown attend, and asked that sandwiches~e provided. VI. PUBLIC FORUM. There vas no public present. VII. DIRECTOR'S CHOICE. The eo..daaion asked to consider the Findings of Fact for the amendment to the 1-1 zone diatrict at the meeting of July 10, 1984, so that they could be .ant to City Council with the Commission's recommendation. VIU. COHHISSION'S CHOICE. Mr. Tancu.a aaked whether, when the Commission considers the zoning of a property, aa ... done at the previous meeting, the Commission can make changes in the poated and publiahed zoning. Mr. Olsen said that if the Commission did not viab to zone aa publiahed and posted, the motion should be voted down, and the proceaa would have to begin again with corrected publication and signs. Mr. Olsen vas aaked if a aember of the Commission could address Council as a citizen concerning the final decision on the Arapahoe Fairgrounds zoning. Mr. Olaen aaid that it was their right as a citizen to do so • The aeeting adjourned at 8:18 p.m. • I • • • • • • CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION July 10, 1984 I. CALL TO ORDER. 5 The Special Meeting of the City Planning and Zoning Commission was called to order at 6:05 p.m. by Chairman McBrayer. Members present: Barbre, Tanguma, Carson, Magnuson, Stoel, Becker, Venard, Allen and McBrayer. Peter Vargas, Acting Director of Community Development, Ex Officio. Members absent: None. Also present: D. A. Romans, Assistant Director of Community Development Susan King, Senior Planner Richard Lopez, Energy/Solid Waste Coordinator for the County of Boulder II. APPROVAL OF MINUTES. July 3, 1984 Chairman McBrayer stated that the Minutes of July 3, 1984, were to be considered for approval. Carson moved: Tanguma seconded: The Minutes of July 3, 1984, be approved as written. AYES: Barbre, Tanguma, Carson, Magnuson, Stoel, Becker, Venard, Allen. NAYS: None. ABSTAIN: McBrayer. III. FINDINGS OF FACT. B-1 Amendment concerning maximum height. CASE 1124-84 Carson moved: The motion was seconded that: The Findings of Facts for Case #24-84 be approved. AYES: Barbre, Tanguma, Carson, Magnuson, Stoel, Becker, Venard and Allen. NAYS: None. ABSTAIN: McBrayer. IV. SEMINAR ON TRASH COLLECTION AND TREATMENT. Richard Lopez, Energy/Solid Waste Coordinator for Boulder County gave a pre- sentation on the work done in Boulder County and the Cities of Boulder and Longmont on increasing the capacity of landfills, protecting the environment, and the collection and separation of trash. He discussed salvaging, recycling, composting, pyrolysis and conversion of waste to energy, as well as the advantages of trash transfer stations. • I • • - • • • • • -2- Commissioner Becker presented a report on an inspection of the Longmont Collection system and Red Wing, KN Energy Park and Trash-to-Steam Incinerator. Commissioners Allen, Becker and Caraon, and ataff member Stitt have served on a committee investigating the trash collection and disposal problem in Engle- wood and possible solutions. The Commission discussed various recommendations and solutions. V. CAPITAL IMPROVEMENT PROGRAM. Mrs. Becker said she would like further information on the requests from the Department Heads, which requests were discussed at the July 3, 1984, meeting. Hr. Vargas said that the City has limited resources and Council has directed that the Downtown Development be given priority. Mrs. Becker stated that recommendations in the past have eventually been acted upon. Hr. Allen said that council can at least be informed that the Commission perceives a problem with the trash. Hr. Vargas suggested that the Commission submit a list of concerns, and permit Council to choose which should be given priority when funds are available. The Commission discussed adding the trash collection and disposal report to the list of Capital Improvements, but decided to make a separate report to Council. It was decided to table the Capital Improvement Program until the next meeting on July 17, 1984. The meeting adjourned at 8:51. I • • • • • MINUT ES ENGL EWOOD PUBLI C LIBRARY ADVISORY BOARD J ul y 10 , 1984 5 F Chai rman J erry Valdes called the r egul a r meeting o f the Li brary Advi s ory Board to ord er at 7:32 p.m. PR ESE NT : ALSO PRESENT: REGRETS : J erry Va ldes , Lois Sterling, J ohn Pe terson, Al Quaint a nc e , Gerald Sampson , Dorothy Whe e lehan Sharon Winkle, Director of Librari es Donna Gottberg, Recording Secretary Debbie Dix, Bruce Hogue, Kay Van Valkenburg Roll call was taken and a quorum declared present . Mr . Valdes noted that the Board/Staff picnic held July 7 was very suc c essful . There were no Committee Reports. New Business Mr . Dick Hinson, Ass't . Di rector of Renewal Authority and Economi c Di rec tor o f th e Downtown Development , ha s agreed to s peak at the Board meet i ng i n Augu s t. Mr . Hi ns on wi ll g i ve u s a general updat e of th e downtown development pro ject . Mr . Valdes a s ked tha t the Board be thinki ng abou t any topical qu est i on s Mr . Hi n s on mi ght be able to a nsw e r. Ms . Wi nkle presented updated i nformat ion r e lated to t he dev elopment of the Li brary Bu ilding Program statement . Di r ector's Choice Copies of a memo f rom Ms. Wi nkle to Mr . Vargas, s't. City Ma nager , we re di s tr i but ed regardi ng the a lloc at ion of the Library Story Room to Ci ty llall to ma ke room f or personn e l work i ng with the dow ntown development project. Chairman's Re po rt Mr . Va l des gave a n extensive report on hi s attendan eat the American Library Associa - tion (ALA) Annual Conference in Dallas. His main purpo e in attending the conference was the Building and Design Preconference, wh ich h termed as excellent in the light of our own building program . Gratitude was expre sed, by Mr . Va lde and the Board, to Ms. Winkle for her background work a nd gutdance in plann1ng to date with the con- su ltant, as was stressed at the onference. Mr. Valdes enjoyed and a1ned greatly from the conference. There will be an open publi c forum, "S peak Out", at Arapahoe Regional L1 brary on J uly 26, and at Aurora Central Publi c Library on August 4. ~1s. Winkle asked for volunteers to attend these forums as representatives of Englewood Public Library and receive comments only. Mr . Peterson and Mr. Quaintance volunteered for the July 26 forum and Mr. Sampson volunteered, tentatively, for the August 4 forum. Members' Choice Ms . Wheelehan noted sh had recei ved a letter from Mr . Currie regard1ng the Book • • I • - • • • • -2- Sale in September. There is a meeting planned for August 11 which she plans to attend. It wa s discussed that we may not participate or may participate in a small way in the Book Sale this year. A final decision will be made at the August meeting. No unfinished business. No discussion on the Statistical Report for June, 1984 . 84-18 MOTION: That the Minute s from the June 12, 1984 Meeting be approved as written . ~by Al Quaintance Seconded by Gerald Sampson Motion carried . Meeting adjourned at 9:07 p.m. 7-11 -84 dg • I . - ( ( • I. CALL TO ORDER. • • • URBAN RENEWAL AUTiiORITY July 11, 1984 5 G The regular meeting of the Englewood Urban Renewal Authority was called to order by Chairman Robert J. Voth at 6:45 P. M. Members present: Totton, VanDyke, Voth, Cole, Minnick, Novicky Mcintyre, Non-voting Alternate Members absent: Neal Also present: Economic Development Planner Wm. Richard Hinson Financial Assistant Linda Knopinski Relocation Officer Judith Belnap Mr. Hinson stated that Ms. Powers is in Arapahoe District Court on the immediate possession hearings on Physical Whimsical, Man's World, Ali Baba, and Super Yarn Mart, and will be late getting to the meeting. A change in the order of the agenda was announced by Chairman Voth. II. APPROVAL OF MINUTES. May 30, 1984 June 6, 1984 June 25, 1984 June 28, 1984 Mr. Voth stated that the Minutes of the Urban Renewal Authority meetings of May 30, June 6, June 25, and June 28 were to be considered for approval. Discussion ensued. H.inniclt moved: Noviclty seconded: The Urban Renewal Authority accept and approve the Minutes as written for May 30, 1984, June 6, 1984, June 25, 1984, and June 28, 1984. The motion carried, Hr. Neal absent. III. RELOCATION BENEFITS. Fraternal Order of Eagles. Mr . Hinson referred to a letter from Order of Eagles, dated July 2, 1984. pertains to the cost of printing the come obsolete with the move to a new Minnick ..aved: Mr. Leo Lentsch of the Fraternal This communication from Mr. Lentsch forms and documents which will be- location. Totton seconded: The Urban Renewal Authority acknowledge receipt of the letter dcted July 2, 1984 from the Fraternal Order of Eagles, and direct Mr. Hinson to write Mr. Lentsch, Membership Director of the Eagles, stating that the • I • - • • • • • -2- f urther relocation benefit payments wil l b e d eferred until presentatio n of ac tual bills by the Ea g les . AYES: Cole, Minni c k, No vicky, Totton, VanDyke NAYS: None ABSTAI N: Voth ABSE NT : Neal The motion carried. IV. RELOCATION BENEFITS. Frank Pehoviack 3428 South Bannock Street Mr. Hinson reviewed a request for relocation benefits filed by Mr. Frank Pehoviack, residential tenant at 3428 South Bannock Street. Mr. Hinson stated that the recommendation of the staff is that Mr. Pehoviac k be paid $2 ,108.50 in relocation benefits. Novicky moved: Minni ck seconded: The Urban Renewa l Authority approve paymen t o f reloca- tion benefits i n the amount of $2,109.00 to Mr. Frank Pehoviack, residential tenant at 3428 South Bannock Stre et. AYE S: Col e , Minn ick, Novic ky , Totto n, VanDyk e , Vo th NAYS: None ABSENT: Neal ABSTAIN: None The motion carri ed. V. REL OCATION BENEFITS. Ama dor Agency & Associates 3401 South Bannock Street Mr. Hinson reviewed a request for relocat ion benefit s filed by Mr. Richard Amad o r, Amad o r Agency & Associates, business tenan ts of 3401 South Ba nnock Street. Mr. Hi n son stated that the staff recommendation is to pay Mr. Amad o r $949.25 in r e l ocation benefits, as requested. Discussion ensued. Totton moved: Cole seconded: Th e Urban Renewal Authority approve payment of reloca- tion benefits in the amount of $950.00 to Mr. Richard Amador, Amador Agency & Associates, business tenant at 3401 South Bannock Street . AYES: Minnick, Novicky, Totton, VanDyke, Voth, Cole NAYS: None ABSENT: Neal ABSTAIN: None The motion carried • • I • • - • • r • • • • -3- Mr. Novicky asked if the Authority is liable to the owner of the office building if tenants move prior to the acquisition of the building by the Authority. Mr. Hinson stated that this point has been discussed with both Mr. Gallagher, owner of 3401 South Bannock Street, and Mr. Lewan, owner of 3311 South Broadway; the agreement has been reached that the Authority will reimburse the amount of rent that would be lost due to the relocation of the tenant prior to the acquisition of the property by the Authority. VI. RELOCATION BENEFITS. Action Answering Service 3401 So uth Bannock Street Mr. Hinson presented a request for additional payment of relocation bene- fits from Action Answering Service. Ms. Powers entered the meeting at 6:10 P. M. Mr. Hinson reviewed the Authority determination on Action Answ ering Ser- vice previous requests for benefits, and stated that the only further benefit the company could be paid for was the actual moving of the bu s i- ness equipment. Mr. Ebersberg has submitted an estimate from Mountain Video for the moving of the business equipment, in the amount of $32,815.75, and has requested advance payment of this amount. Mr. Scott McDowell, Negotiator, entered the meeting at 6:15 P. M. Discussion ensued. Minnick moved: VanDyke seconded: The Urban Renewal Authority approve payment of $25,315 to Action Answering Service for the relocation of the business equipment; this will constitute a full and total payment of all relocation benefits to which Action Answering Service will be eligible. AYES: Novicky, Totton, VanDyke, Voth, Cole, Minnick NAYS: None ABSENT: Neal ABSTAIN: None The motion carried • VII. LAND ACQUISITION. Novicky moved: Minnick seconded: The Urban Renewal Authority go into Executive Session • AYES: Novicky, Totton, VanDyke, Voth, Cole, Minnick NAYS: None ABSENT: Nesl ABSTAIN: Non The motion carr! d. • • • • • • I • • • • • -4- Mr. Bell entered the meeting during Executive Session. * * * * * Novicky moved: Minnick seconded: The Urban Renewal Authority come out of Executive Session. AYES: Totton, VanDyke, Voth, Cole, Minnick, Novicky NAYS: None ABSENT: Neal ABSTAIN: None The motion carried. VanDyke moved: Minnick seconded : The Urban Renewal Authority approve a final offer to Mr. William Forington, owner of 3422 South Bann ock Street, in the amount of $65,000. Due to a discrepancy in Mr. Forington's appraisal, Mr. McDowell is instructed to contact the appraiser to determine whether the apprais ed value is $65,000 or $65,600 . AYES: VanDyke, Voth, Cole, Minnick, Novicky, Totton NAYS: None ABSENT: Neal ABSTAIN: None The motion carried. Novicky moved: Minnick seconded: Mr. Scott McDowell be authorized to make a counter offer in the amount of $680,000 to Mr. Paul Lewan for purchase of 3311 South Broadway; if this offer is refused, the staff is to proceed with the necessary action to take immediate possession of the property. AYES: Minnick, Novicky, Totton, VanDyke, Cole NAYS: None ABSTAIN: Voth ABSENT: Neal The motion carried. Cole moved: Totton seconded: The Urban Renewal Authority offer Mr. Morey Fisher of 3415 South Acoma Street $500,000 for the purchase of his property, contingent upon the vacation of the property by September 1, 1984. AYES: Novicky, Totton, VanDyke, Voth, Cole, Minnick NAYS: Non ABSENT: Neal ABSTAIN: None • • I • • ( ( • • • • -5- The motion carried. VIII. TAX INCREMENT BONDS -Series B. Ms. Powers stated that Mr. Bell has negotiated the purchase of $6,500,000 of tax increment notes by Central Bank of Denver. These funds will be needed for Little Dry Creek improvement in the Spring of 1985, and can be invested, earning interest, until that point in time. The closing on this Series B issue will be Thursday, July 19, at Kutak, Rock & Huie. Mr. Bell stated that part of the negotiations with Central Bank of Denver on the purchase of the tax increment notes was payment of a placement fee of $100,000 by the Authority. He stated that this is common practice, and is lower than most placement fees. The total cost to the Authority for this issue is $103,023. Mr. Bell pointed out that this is the first issue of this size in the State without any credit enhancement, such as a letter of credit. Mr. Bell reviewed minor differences in the documents pertaining to Issue B from the documents pertaining to Issue A. Discussion followed. Novicky moved: Cole 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 here- by are, suspended for the purpose of permitting the final passage and adoption of the Resolution at this meeting. AYES: Nov icky, NAYS: None ABSENT: Neal ABSTAIN: None Totton, VanDyke, Voth, Cole, Minnick The motion carried. Minnick moved: Novicky seconded: The Urban Renewal Authority approve Resolution #33, Series of 1984, A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE ENGLEWOOD URBAN RENEWAL AUTHORITY AUTHORIZING, APPROVING AND DIRECTING THE ISSUANCE, SALE AND DELIVERY OF $6,500,000 IN AGGREGATE PRINCIPAL AMOUNT OF "ENGLEWOOD URBAN RENEWAL AUTHORITY, TAX INCREMENT BOND ANTICIPATION NOTES (ENGLEWOOD DOWNTOWN REDEVELOP- MENT PROJECT), SERIES 1984 B," TO FINANCE THE SECOND PHASE OF CERTAIN PUBLIC IMPROVEMENTS IN CONNECTION WITH THE "ENGLEWOOD DOWNTOWN REDEVELOPMENT PROJECT," AN URBAN RENEWAL PROJECT 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 EXPENSES TO BE INCURRED IN CONNECTION WITH THE ISSUANCE OF SUCH NOTES; RATIFYING CERTAIN ACTIONS HERETOFORE TAKEN; AUTHORIZING • I • • • • • - -6- APPROVING AND DIRECTING THE EXECUTION AND DELIVERY BY THE AUTHORITY OF SUCH NOTES, AN AMENDED AND RE- STATED INDENTURE OF TRUST , A NOTE PURCHASE AGREEMENT, AND RATIFYING AND CONFIRMING CERTAIN AGREEMENTS AND DOCUMENTS IN CONNECTION THEREWITH; AUTHORIZING AND APPROVING THE DISTRIBUTION AND USE OF AN OFFICIAL STATEMENT IN CONNECTION THEREWITH; APPOINT ING A TRUSTEE; APPROVING THE FORM OF CERTAIN ANCILLARY DOCUMENTS; AND REPEALING ANY ACTION HERETOFORE TAKEN IN CONFLICT HEREWITH. AYES: Totton, VanDyke, Voth, Cole, Minnick, Novicky NAYS: None ABSENT: Neal ABSTAIN: None The motion carried. Minnick moved: Totton seconded: The Urban Renewal Authority authorize Executive Dire ctor Susan Powers to sign the letter of agreement to Central Bank of Denver for the disbursement of construction funds, said letter to be dated July 19, 1984. AYES: VanDyke, Voth, Cole, Minnick, Novicky, Totton NAYS: None ABSENT: Neal ABSTAIN: None The motion carried. Ms. Powers stated that the funds from Issue A have been invested and are earning between 12.5% to 13% interest. Short term investments are earning between 10.5% and 10.8% interest. IX. AUTHORITY/COUNCIL MEETING. Ms. Powers reminded members of the Urban Renewal Authority of the dinner meeting with the City Council on July 19, 1984 at the Duffers restaurant; this dinner will begin at 7:00 P. M. X. BOND ISSUE BUDGET. Ms. Powers reviewed a proposed budget that has been devised for Issue A proceeds; a second budget for Issue B proceeds will have to be drafted. Mr. Minnick asked about the issue of street lighting along the Parkway. Ms. Powers stated that she had attended a meeting at Brady Corporation offices on July 9th; th~y are not at the point of making a decision on the theme, and it is the recommendation that we go out to bid on schedule with construction to begin in August; provisions will be made for the conduit for the lights during the construction. Brady feels that within the next 35-40 days, they can have a firm recommendation of the theme and the tie-in to "Trolley Square". Discussion ensued • • I • • ( • • • • -7- Mr. Minnick stated that he is of the opinion that the lighting is of great aesthetic value, and noted that the placing of the conduit will depend on the spacing of the lighting. XI. LAWSUIT UPDATE. Ms. Powers reviewed the proceedings in Court earlier on this date in the immediate possession hearings on 3315 South Broadway, 3365 South Broadway, 3370 South Acoma Street, and 3340 South Acoma Street. XII. MISCELLANEOUS. Ms. Powers stated that a trip to Ft. Collins to view the hydraulic model of the water improvements is scheduled for July 28th; those interested in going will be leaving City Hall at 8:00A.M., and returning by 3:00P.M. Any member of the Authority interested in going is requested to notify the Urban Renewal Authority secretary. The next regular meeting of the Authority is scheduled for August 1. There may be need for a special meeting prior to that date. The City picnic is scheduled for July 21st. Members of the Authority and their families are invited to attend. The meeting adjourned at 8:20 P. M. • I • • ( • • • M E M 0 R A N D U M TO : FROM : DATE : SUBJECT : COURT ACTIVITY REPORT Attached is the Court's Activity Report for the second quarter and first half of 1984. Revenue for the year is down 9% when compared to the first half of 1983. Parking violation filings have increased 5%, but non-parking filings have decreased approximately 9% (mostly in t raffic ) . Based on the number of non-parking filings, the percentages f or activity throughout the report are not s i gnificantly different . Since the police began enforcing the emi s sions ordinance in Apr i l , 141 violations have been cited : Parking Traffic April 95 3 May 22 3 June 13 5 Ij"(y IT Warrants for failure to a ppear and pay finally seem to have s tabil ized . I n March of this year 60 % of our pendi ng caseload wa s in active warrants . As of July , warrants represent onl y 40 % of the caseload . In add i t ion to fewer warrants being i ssued , man y ca s e s were closed t hrough bond -f o r f e iture c onvictions , and a sub stantial number cleared through arre s t s. The electronic data proce ssin g of p arkin g ticke ts beg an i n Ma y. At that t ime, we expected to d o c onsider able testing, clear the data , and g o a c tively on-line i n J ul y. Th e softwa r e ha s operat ed so wel l, with only a few mi nor mod ification s, that we did not have to cle ar the d a t a. As a result, we have been on -line since the first day. About the only frustration associated with the s ystem is caused by the turn-over of employees i n the "temporary" Violations Bureau Clerk position. We just completed training an excellent employee on the computer only to lose her to a permanent position within the City . Another employee has been hired, but before we can begin computer training, a period of training about basics of the violations bureau will have to be completed. In August, I hope to be able to resume work with the software development firm on t h e rest of the court system. If there is any other information that you would like to have on these quarterly reports, please let me know . ( Att/2 cc : Louis Parkinson, Municipal J udge Members of Court Advisory Committee Robert Holmes, Chief of Po lice Charles Grimm, Prosecuting Atto rney • • I • • ( ( • • • • ENGLEWOOD MUNICIP AL COURT QllARTF.R T y ACTIvITY REPORT I 2nd QTR I 2nd OTR SUBJ ECT I ! 19_u I 19__8_4 I 1. !£veN UE SOURCE A) PARKING VIOlATION FINFS $ 12 ,824.57 i $ 17' 387. 35 B) VIOLATIONS BUREAU FINES 14 .591.00 11,469 .00 c) COURT FINES 32,254 .99 27,320.00 D) ARAP~ ClllN1Y DUI F IN FS 6,075.00 3,654.00 E) BOND FORF EITURES 950.00 1,190.00 F) COURT COSTS * 9,605.00 9,326.00 G) WITNESS FEES 130.00 1 25.00 H) J LRY FEES 75 .00 -0- TOTALS \$ 76,505.56 $ 70,4 71.35 2. CA)ES FILED I A) PARKIN(; VIOLATIONS 2 . 772 2,251 E) TRAFFIC' VI OlATIONS 1 ,180 1 1,138 ~NG VIOlATIO"IIS 115 123 Dl ANHW ORDINANCE VI OLATION S 71 63 .E) O~ER ORDINANCE VIOLATI ONS 221 217 F) CCM»LAINTS 6 6 G ) SH()II I"'A l~F Cl lA U\IS 23 21 TOTALS I 4,388 3,819 VIOLAT!Ot·!S BUREAU ACTIVI1Y ' 3. A) TRAFFII"'fMISC VIOLATIONS · 777 724 PLEA C1! GUILT'i 470 373 PLEA OF 001' GUILT'i : 307 351 RF:QUF:ST TRIAL TO COIJf(/' (26 3 ) (321 ) f'l/,E{J J/1/i'Y /JF.~~1NV ( 44) I ( 30 ) B) PARKING VIOLATIONS · PLEI\ or GUILT'i/Pl\ID 2,164 1. 774 rnm 1\PPr.J\r. 237 233 PAGE __l_ I YTD YTD 19.8.1.. 19M l ! !$ 29,125 .65 $ 41,740.35 28 ,34 7 .00 18,816.00 65,606.4 9 53,466.00 12,950.00 8,990 .50 1,4 50 .00 1,840.00 20' 139.00 18,532.00 495 .00 320.00 150.00 25 .00 $1 58 ,26 3.44 $ ' 143,729.85 5,519 5,794 2,329 2,091 272 271 - 141 110 398 398 1 2 13 72 57 8, 74 3 I 8 ,7 34 I 1 600 1 216 926 620 674 596 (59 8 ) (548) ( ?6 ) ( 48) I 4,338 4 550 ! 536 555 A 1. F. Court Costs--Figure8 j'or> 1983 incZ.ude $2 ?0. 0 0 for> Defensive Dr•iving School. • • I . '-( • • - ENGLEWOOD MUNICIPAL COURT PAGEL QUARTERLY ACTIVITY REPORT (CONTINUED) 2ng QIR 2nd QIB I YTD YTD SUB.IECT 19_6.1 19BJL 19n 19M.. 4. COURT ACTIVITY A) ARRAI 984 845 1 Q~n 1 71n PrJVONI' 245 197 479 375 QJIL'lY PJ&IVPB/DIS 469 371 892 802 NCfl' QJILTY PLEll: 270 277 559 533 REQI:.'ST TR.IA& 1'0 COU/('J' (250) (255) (523) (496) f'Jf,ED JI/RY IJEMAND ( 20) ( 22) ( 36) ( 37) B) COLRT PRF-TRIALS• 701 6~4 1 ~ 'ld 1 ,, .. PrA/a:Nl' 1 72 127 356 243 PB/DIS/OOP 444 43 7 988 916 SET FOR C<XJRI' TRIAL 85 70 190 154 I c) .ll lllV PRF-TRI AI ~. 91 75 189 139 PrA/a:Nl' 32 23 71 41 PB/DIS/COP 45 47 93 91 SET FOR ~ TRIAL 14 5 25 7 n) TRIAlS ' 133 87 305 176 PrA/a:Nl' 27 33 69 60 PB/DIS/OOP 37 15 88 40 'l'RIJ\IS HEID: 69 39 148 76 COUHT 1'HIAIS (63) ( 37) (135) (73) .TURY TR!AW ( 6) ( 2) ( 13) ( 3) E) O~FR Ml<;C HFARirJ\,<; 378 397 696 667 5. 0111ER ACTIVITY A) '""'' "•';/F)(ECL!TIONS ISSl£D 248 216 503 410 R) CASES TI=RMINATFO (PI<G FlCCI 1111) 1,655 1 436 3 357 ,,7Qf. c) CASES PENDING (pt<r; FYf 'l tJnFn) 1' 520 1.471 ------ AIIH/o'/:.'VIA'I'lON:: Alo'/\' A:: /o'fl/./,tiW::: F'I 'A = f'ai lur·,· to uf'f i t 'Ol' C:ONT • Contit1ucd to anotil.·r· Jutt- COP • ChantJc of ,,zea j'r'()m nr1L gui l L!f io gui lf !I o r• 'W l o DIS • Case diumisced 1'8 "' Plea baroain dillr•oci tion ( eg •• r~:Ju<!('tl c:lta ~r) PKG = l 'arkir~a Tickct11 • • I . • • • - P R 0 C L A M A T I 0 N WHEREAS, Multiple Sclerosis is a disease affecting the nervous systems of young people in the prime of their lives; and WHEREAS, there are 2,000 people in the State of Colorado with Multiple Sclerosis, Colorado having one of the highest per capita rates of Multiple Sclerosis victims in the world; and WHEREAS, the Colorado Multiple Sclerosis Society is committed to the cure and management of the disease, as well as various types of assistance to HS people and their families; and WHEREAS, Colorado Multiple Sclerosis Awareness Week will provide to the community answers to many questions about the disease, its victims, and available resources to them; NOW, THEREFORE, I, EUGENE L. OTIS, Mayor of the City of Englewood, Colorado, do hereby proclaim the month of August as MULTIPLE SCLEROSIS MONTH in the City of Englewood and urge all citizens to become more familiar with the disease in order to better combat its effects. GIVEN under my hand and seal this 6th day of August, 1984. • I • • • • St.•P't Ponda Director ot Ut.il1ti• City Ball 1400 S. Blatt Street ibtsl.-oocl, co 80110 Dear Stu, • • • 4311984 (D8 21~ I. Dartaouth Circle Jncl-ood, co 80110 Jul7 J0 1 19S. Sinee w vUl be ~~Grine to 111ohipn in a r-vMira, I .. vrittnr to a111a1t • ree1pt.i• rr-the Vater A s ... r Boerd. I haYe toand • termre on tM Board to be enjoJable and educational and resret that I 111111t ree1p before -plet1nc 117 te .... u.~'f'J. ~ Kl•nor II. lnU.and • I . . - • • • • ·r-~-----------------------------~(d~~cJ~\K~ ___ , • f . • C 0 U N C I L DATE July 31, 1984 C 0 M M U N I C A T I 0 N AGENDA ITEM 1 a, 9--b SUBJECT Duncan School and High School Swimming Pool ~ Aareement INITIATED BY ACTION PROPOSED Recommend adoption of ordinances relating to Duncan School and High School Pool As you are aware, the School-City Committee has been dealing for some time now with the dual issues of the use of Duncan School and the surrounding premises and the swimming pool located at the high school. Numerous discussions have been held on these two matters, recommendations were forwarded to the Parks and Recreation Commission, and subsequently to Council, and you passed ordinances on first reading at your last meeting on both issues. Subsequent to that meeting, the School District raised several concerns which need to be resolved before the ordinances are finalized. The School-City Committee met again on July 26 and has hopefully resolved these concerns. At this time, in order to clarify where everyone is at on the two items, I would like to review each one in detail. Duncan School and Park There are currently two agreements in effect concerning Duncan School and the surrounding premises. 1. The first agreement, dated August 15, 1968, provides for a 25-year lease (through 8/1/93) on the southern portion of the property for utilization of the premises as a public playground. I understand the 25-year provision was established because of federal requirements in the use of federal funds. • I • • ~· (f • • • • Page 2 2. The second agreement, dated November 6, 1978, provides for the use of the school as a recreational facility. There is no specific term to this lease and it merely contains a cancell~tion clause of one year's notice by either party. Interestingly enough, and probably in error, the legal description includes the entire parcel of property including the southern portion as mentioned above. Since that time, we have also been maintaining and utilizing the north portion of the property for park purposes. Some time back, the School District informed us that they would like to lease the building to Swedish Medical Center for their gerontology program and inquired as to the feasibility of the City vacating the premises as soon as possible. Since the City had planned to move most of the equipment and programs from the School to the new recreation center, we were receptive to this inquiry. Arrangements have now been made to move the programs except the Nature Center to Cherrelyn School on an interim basis and the Nature Center will be moved to Haddox School on an extended term agreement which will have to come to Council for approval. The plan to accomplish this was for Council to pass a Bill at your last meeting which would extend the 1968 agreement to include the north portion of the property exclusive of the building itself. This would allow usage of the entire premises, excluding the building, as a park. The 1978 agreement was to be recinded. The Bill you approved does not exactly accomplish this and several other issues have been raised by the District. Therefore, after considerable discussion, we would recommend that you vote down or table Council Bill No. 28, approved at your last meeting, and approve a new B ill which would have the following provisions: 1. Include the north portion of the property only excluding the building. 2. Be for a 5-year term commencing September 1, 1984 (to coincide with the District's lease of the facility to Swedish) renewable annually thereafter. 3. Rec ind the agreement dated November 6, 1978. • I • • - , • • • • Page 3 4. Provide for the right of egress across the property. 5. Provide that City will remove snow for sidewalks on perimeter of property, internal sidewalks responsibility of Schoo,l District/Swedish. 6. City to pay for utility costs for grounds only, not building. 7. Two exterior restrooms on south side be available for public use and to be maintained by City. 8. Cancellation clause-1 year notice by either party or 60 days mutual agreement. High School Pool Hopefully, this issue is not quite so complicated. Three issues have been raised, two of which are simple amendments to the ordinance, the third is more policy oriented and will clearly have to be settled by the two governing bodies. 1. Section 2d of Council Bill No. 27 should be changed to provide for a formula for the City's rental cost. The formula would be based on the number of hours the pool is open (16 hours per day, 7 days a week) divided into the annual maintenance cost, exclusive of capital costs. This would amount to an approximate current cost of $11 per hour which appears reasonable. 2. Section 6 -the effective date should be changed to January 1, 1985. This would accommodate the rental of the pool by the District to the ACES group. We will plan our winter swim programs to begin at the new recreation center February 4. A disclaimer will be put in our recreation brochure that the program may have to be modified or perhaps cancelled altogether if the Center is not open by that time. One of the key provisions in the original agreement on the pool, dated June 27, 1966, reads as follows: "In the event this Agreement is terminated prior to the fifty (50) year term by mutual agreement, or by the unilateral action of the City, the District shall become the sole owner of all land, facilities and improvements covered by this Agreement; likewise, at the end of the fift~ (50) year term hereof, the District shall become the sole owner of all land, facilities and improvements covered by this agreement." • I • -• • • I f Page 4 • This simply means that if the new ordinance and agreement is approved as being presented, it should be clear that ownership of the pool will revert to the School District. There was some concern expressed at the School-City Committee meeting by both parties but, in particular, the District's representatives. I just want to be sure that Council clearly understands this before finalizing the agreement. If you do not desire this, other arrangements should be made now. we will place this item on the study session agenda for discussion Monday evening • SUGG ESTED ACTION: MO VED BY ______________ _ SE COND·------------------------fL ____ ___. . YES ___________ ~o ___________ ~.BSENT _________________________ _ • • I • - ' ( • • • • BY AI.miORITY ORDINMCE t«>. SERIES CF 198-:-4--- 7 A a:mciL BILL 00. 27 INTROOOCID BY CDJOCIL Mft1BER BILO AN ORDINAICE liOOPl'It«; 'IHE JOim' RD:RFATION 1IGREFMFNI' BE'lWEEN 'IHE CITY CF EN>L&i<XlD, COLORliOO, AW OCHOOL DISTRICT 00. 1, <XXJNTY CF ARAPAHOE, COLORliOO, TO TAKE EFFEX:T JANUARY 1, 1985. WHEREAS, the City of Ehglewood and School District No. 1 have previously entered into an agreanent dated February 6, 1984 concerning use and operation of the indoor swimning pool on Ehglewood School District pcoperty; and WHEREAS, due to usage, operation conditions, i nflation, and other variable factors, it is necessary to amend the February 6, 1984 agreanent; NCM, THEREFORE, BE IT ORDo\INID BY 'IHE CITY CDJOCIL CF 'lHE CITY CF EN>I.Di<XlD, COLORliOO, AS F()[.[.(MS: Section 1. City Council hereby adopts the Joint Recreation Agreement between the City of Ehglewood, Colorado, and School District No. 1, Oomty of Arapahoe, Colorado, which agreement is as follows: JOim' RD:RFATION AGU:EMDll' 'IHIS AGU:DolfNI', made and executed this day of , 1984, by and between the CI TY CF EKLD«XX>, a miiiicipal corporat1on organi zed and ex i sti ng pursuant to the pc ov isions of Article XX of the Consti tuti on o f the State o f Co l orado, her e i nafter called "City ," and s::HOOL DISTRICT 00. 1 , <XXJNTY CF ARAPAHOE, <XlLORliOO, a quas i-IIUl i c ipal corporation, her einafter called "D i str i ct," WITNESSETH WHEREAS, both parties hereto have been granted authority, by reason of the provisions of Colorado Revised Statutes, to cooperate together in the conduct of a p.Wl ic recreation systan in any manner in which they may agree; and WHEREAS, the City, by reason of the provisions of Article XII, Section UO, of its Olarter, has authority to cooperate with other p.Wlic authorities to implanent its p.Wlic recreation pcograrn; and • I • • ' • • • • WHEREAS, an indoor swinming pool for the use of student swinming instruction and for public use generally has been constructed and is being operated under a cooperative agrE!EiliEI'lt between the parties dated June 'Zl, 1966 oo 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 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 follOWil: 1. The indoor pool, building, and related facilities located at the &lglewood High School shall be controlled and supervised by the &lglewood School District to provide swinming facilities for the students of the District. The District shall provide for City use of these swimming 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 sane for &lglewood PUblic School purposes. b. The District shall have the second prior right to rent these swinming facilities during the days and hours lohen the &lglewood PUblic 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 preanpted for any other use IXIlesa agreed upx1 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, lotlich 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 prognrns. Any dispute arising fran a determination of said canpensation will be referred to the City-school Omnittee 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 acco~nt to the other party. Fees established and collected from other than City and District shall be considered as rental incane. g. At times ~en the City is using the pool and related facilities, the public may have use of present parking facilities north of the 9.1imning Pool building. 'lhe 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, canpensate and be responsible for its supervisory personnel, such as lifeguards, ~ich shall be employed 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 P£Operly maintain the facilities 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. The City and the School District each agree to maintain separate policies of canP£ehensive public liability insurance that cover and apply to the premises in the iDO!nt of not less than $300,000 per injury or death to any one person in any one accident or occurrence, or in an amotnt not 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 parties against liability for P£Operty damage of not less than $50,000 for each separate policy. Each said policy shall be primary policies, not contributing with, nor in excess of, the coverage that the other party may carry. 5. Slould any dispute arise 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 (lohether specifically covered by the terms and provisions hereof or not), it is agreed that any such dispute shall be subnitted for a final and binding determination to the joint City-school Omnittee. 3 • I • • , ' • • • • 6. 'ttlis Agreement shall extend and be binding ~n any and all successors or assigns of the parties hereto. 'Ibis Agreement supersedes all other agreements made between the District and the City and shall take effect February 15, 1985. 'ttlis Agreement supersedes all other agreements relating to the swimning pool • IN WITNESS WHERECF, the parties have hereto set their hands and seals as of the day and ~r first above written. Attest: Gary R. Higbee, ex officio City Clerk-Treasurer Attest: secretary Board of B:location CITY CF IHiLDiOCO, CXlLORADO ~·~~-~~~--=-----Eugene L. 0t1s, Mayor s::HOOL DISTRicr t«>. 1 ARAPAHOE COONTY, CXlLORAOO ~------------~~== Pres1dent Board of B:location section 2. City Cotneil authorizes the Hayor to sign and city Clerk to attest said llgreaDI!Ilt on behalf of the city Cotneil and the city of Dlglewood. Introduced, read in full, amended and passed as amended on the 16th day of July, 1984. Published as a Bill for an Ordinance on the 18th day of JUly, 1984. Read by title and passed on final reading on the day of ______ , 1984. --- Published by title as Ordinance tt> •. ____ , Series of 1984, on the ___ day of , 1984. Attest: Eug-L. 0t1s, Hayor ex off1cio city Clerk-Treasuier • I • • - , • ( • • • • I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Dlglewood, Co l orado, hereby certify that the above and for~oing is a true, accurate and canplete copy of the Ordinance passed on final reading and published by title as Ordinance No. , Series of 1984. --- Gary R. Higbee 5 • I • • ( { • BY AUTHORITY ORDINMCE 00. SERIES CF 198.-::4--- • • • COOOCIL BILL 00. 28 INTRQ[){X;ID BY CXXJtCIL MEMBER WEIST ., 8 ~ AN ORDINMCE APPROVI!'I; USE ~00' BE'lWEEN 'lliE CITY CF ENiL~OOD, Cl>LORAOO, Atl:> s::HOOL DISTRICT 00. 1, ARAPAHOE axJNTY, Cl>LORAOO, WCERNI!'I; OOlCAN OCHOOL. WHEREAS, by USer Agreement dated ~vanber 6, 1978, School District ~. 1, Arapahoe ():)lnty, COlorado, granted to the City of Englewood use of Duncan School and surrolrlding land; and WHEREAS, School District ~. 1 is now desirous of leasing Duncan School to another user but allowing use of the surrolrlding land and the restroans 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 restroans thereon; ~. 'lliEREFORE, BE IT ORDIHNED BY 'lliE CITY COOOCIL CF 'lliE CITY CF ElQ.fJi(X)[), COLORAOO, AS ~5: section 1. 'ftle City ColriCil hereby approves and adopts the following USe Agreenent between the City of fllglewood, COlorado, and School District ~. 1, Arapahoe O:l~.nty, Colorado: "nilS ~ entered into as o f the day of 1984 by and betwen the CITY CF fXiLI!WOOD, COLORAOO, a m-lrl--ri-c~ipa--.l,- corporation organi zed and existing pursuant to the provisions of Article XX of the O:lnsti tuti on of the state of Colorado, [herei nafter "the Ci ty") an1 s::HOOL DISTRICT 00. 1, ARAPNtOE CDJNTY, <XILORAOO, a quasi-IIUl i cipal corporati on, [herei nafter "School Distric t "); WITNESSE'lli I . Parties -Binding This USe Agreement is intended to be a binding contract by the parties, ..no are School District ~. 1 , Arapahoe O:l~nty , Colorado, and the City of fllglewood , Colorado . II. Intent By this USe lw;Jreement , the parties: a. Rescind on August 31 , 1984 all pdor USe lw;Jreements bet~ the parties that relate in any fashion to the properties described herein, inclooing rescinding the USe Ag reement dated • I • • J- ( I ( • • • - Novanber 6, 1978, executed by Deborah H. POol representing the SChool District, and by Mayor Janes L. Taylor representing the City. b. Provide for the City's use of the following described parcel [but not the building thereon], until DecEmber 31, 1993, to wit: Lots l thru 9 and Lots 28 thru 36, Block l, Harpers 9Jbdivision, knololl as 4846 South Pennsylvania, Comty of Arapahoe, State of Colorado. c. Provide for the City's use mtil DecEmber 31, 1993 of the restroans of the nmcan SChool, 4846 South Pennsylvania, Englewood, that can be accessed fran out.l:lide of the building [hereinafter "the Restroans"]. III. ~tual Aescission-Effective Date '!be parties, and each of than, hereby volmtarily and mutually rescind all prior USe Agreements between than that relate in any fashion to the properties described herein, inclooing the Use Agreement dated M:>venber 6, 1978, executed by Deborah H. POol representing the SChool District, and by Mayor James L. Taylor, representing the City. '!be 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 sun of Qle Dollar ($1), lobich, along with other consideration set forth in this use Agreement, shall be accepted by the parties as full and ad~te consideration. '!be City hereby acknowledges receipt of the Qle Dollar ($1). 'ftlis mutual rescission is arr i ved at and agreed upon wi thout duress or threat and is the result of good faith and everrhanded negotiation between parties of equal bargai n i ng posit i on. IV. New Ag reement -Parcel '!be parties hereby agree that th& above described parcel of land [but nol except the restroans as hereinafter set this agreement as follows : .t y shall have use of the • ~ilding thereon , . thj lnder the terms of a. '!be City shall use the pnmia. to deliver ocmnmity park and recreation services to the public; I • • ( ( ( • • • • b. Said use will be entirely at the City's expense am at no expense to the School District; c. 'lbe City shall have such use of the premises until December 31, 1993. d. 'lhe City shall pay the sun of one dollar ($1) per annun for its use pursuant to this Use Agreement, lohich sun is payable August 31, 1984, and annually on the same day thereafter. 'lhe School District shall not have any right to teiJIIinate this Use Agreement for failure to pay the annual user fee without first having provided the City with a written reminder that said fee was not paid am providing the City ninety (90) days after due date to make said payment. e. 'lhe City and the School District each agree to maintain separate policies of public liability insurance that cover am apply to the premises in the amomt of not less than $300,000 per injury or in an amount not 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, am such insurance am each such policy shall be for am in favor of the City am 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 contributing with, nor in excess of, the coverage that the other party may carry. f. 'lbe peDIIitted use shall be only as is set forth herein and such other use as the School District shall approve in writing. g. 'lhe City shall not peDIIit the use of the pranises for any offensive, noisy, noxious or dangerous activity or any activity that is a nuisance. h. 'lbe City is responsible for maintenance of the premises and for keeping it safe, clean and in safe operating condition. l't:lreover, the City shall maintain adjacent sidewalks, inclooing the rEIIIOVal of snow and ice. i. 'lhe City shall not peDIIit any alterations of the pranises without prior written ~oval from the School District; j. 'lhe City shall pay all license or other goverrmental fees for the use of the premises; k. 'lhe City shall pay all ~oSter, electricity and sewer fees, if any, for the premises; 3 I . - ( ( • • • • 1. '1\le City shall use the pranises in canpliance with all applicable laws; m. '1\le City shall take all reasonable precautions to prevent fire damage to the pranises. n. '1\le City accepts the pranises AS IS and WITHOUT WMRANl'Y, EXPRESS OR IMPLIED, AS 'ro CQIDITION <F TITLE OR FITNESS FOR ANY PARTICULAR tEE; o. '1\le 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. '1\le City agrees to surrender the pranises ~n termination or cancellation of this USe Agreanent; q. '1\le City agrees to maintain a policy of canprehensive p.lblic liability insurance that covers and applies to the pranises in the amount of not less than 'Ihree ltlndred 'Ihousand Dollars ($300,000) per injury or death to one person in any one accident or occurrence, or in an amount less than Five ltlndred 'Ihousand 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 'Ihousand 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. '1\le City may cancel this USe Agreanent for any reason ~tever but only ~n 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 herewlder. v. New Agreanent -Restroans '1\le parties 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: '1\le Restroans of the Duncan SChool, 4846 South Pennsylvania, Englewood, 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. 4 • I • • - ( ( • ( • • • • IN WITNESS WHElUXF, the School District authorizes its entering into this use Agreenent by the executed signature below, and the City authorizes its entering into this use Agreenent by the executed signature below, the effective date of this USe Agreenent to be September 1, 1984. Attest: Gary R. Higbee, ex officio City Clerk-Treasurer Attest: Board of !Hucation Secretary CITY CF El«j[.Di<JOO, CXlLORAOO ~--------~~~------&Jgene L. Otis, Mayor ~ DISTRICT t«>. 1, ARAPAHOE caJN'1'Y, CXlLORAOO ~------------~~~~ Pres1dent Board of IHucation Section 2. City O>~.neil hereby authorizes the Mayor to sign and the ex officio City Clerk-Treasurer to attest said Use Agreement on behalf of the City of &lglewood. Introduced, read in full, amended and passed as amended on the 16th day of JUly, 1984. PUblished as a Bill for an Ordinance, as lnlllded, on the 25th day of JUly, 1984. Read by title and passed on final reading on the ___ day of ______ , 1984. PUblished by title as Ordinance t«>. ___ , Series of 1984, on the ___ day of , 1984. Attest: &Jgene L. 0t1s, Mayor ex officio City Clerk~easurer 5 • I • - ( • / • • • .. • I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoiD;J is a true, accurate and canplete copy of the tkdinance passed on final readiD;J and published by title as tkdinance No. , Series of 1984. --- Gary R. H1gbee 6 • I • • - • • ORDINAOCE NO. ~~ SERIES OF 1984 BY AUTHORITY • • • CXXJOCIL BILL NO. 21 INTRODUCED BY CXXJOCIL MEMBER BRAOOHAW AN ORDINAtCE AMFHH~ TITLE VIII, OiAPI'ER 1 , SF.Cl'ION 2, OF THE EN3L&KXX) MUNICIPAL COOE '69, AS AMmOED, Imi1UIDI~ Et«ir.~<XX> PUBLIC LIBRARY ADITISORY BOARD. WHEREAS, the requirement for the PUbl ic Library Advisory Board to convene and select officers on the first TUesday of February each year has caused problems since new manbers may not yet have been appointed to fill teens expiring on February 1; ~. THEREFORE BE IT OROIUNED BY THE CITY ccxnciL OF THE CITY OF Et«ir.D«X)(), <XlLORAOO, AS ~S: section 1. The City COuncil hereby amends Title VIII, Chapter 1, sect1on 2, of the EMC '69, as amended, to read as follows: 8-1-2: ORGANIZATION AND MEETIN:>S tDM! Pll8*4e (.i.85a~<y BeaN &AaU 88R\'eRe liiR EA& HEM ~ 4H ~-'f 9£ eaeA yea~< ~ ~tiE! -a Ee ~ ef~ The PUBLIC LIBRARY Board shall ti&8 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. Published as a Bill for an Ordinance on the 18th day of July, 1984. Read by title and passed on final reading on the 6th day of August, 1984. Published by title as Ordinance No •. ___ , Series of 1984 , on the 8th day of August, 1984. Attest: algene L. Otls, Mayor ex off1c1o C1ty Clerk-Treasurer • 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 canplete copy of the Ordinance passed on final reading and published by title as Ordinance No. ___ , Series of 1984. Gary R. H1gbee • I • • • • • • BY AUTHORITY ORDINANCE NO. SERIES OF 198~4------ A BILL FOR lcL COUNCIL BILL NO. 27.1 INTRODUCED BY COUNCIL MEMBER t3 .c£v AN ORDINANCE ADOPTING THE JOINT RECREATION AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND SCHOOL DISTRICT NO. 1, COUNTY OF ARAPAHOE, COLORADO, TO TAKE EFFECT JANUARY 1, 1985. WHEREAS, the City of Englewood and School District No. 1 have previously entered into an agreement dated February 6, 1984 concerning use and operation of the indoor swimming 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; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. City Council hereby adopts the Joint Recreation Agreement between the City of Englewood, Colorado, and School District No. 1, County of Arapahoe, Colorado, which agreement is as follows: JOINT RECREATION AGREEMENT THIS AGREEMENT, entered into and to become effective the 1st day of January, 1985, by and between the CITY OF ENGLEWOOD, 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 SCHOOL DISTRICT NO. 1, COUNTY OF ARAPAHOE, COLORADO, a quasi-municipal 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 conduct 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, Section 120, of its Charter, has authority to cooperate with other public authorities to implement its public recreation program; and I • • • • • WHEREAS, an indoor swimming pool for the use of student swimming instruction and for public use generally has been constructed and is being controlled and supervised under a cooperative agreement between the parties dated June 27, 1966 on a certain portion of realty owned by the District together with certain other improvements 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 that the following provisions shall supersede in all respects and terminate the Joint Recreation Agreement of June 27, 1966. 1. The indoor pool, building, and related facilities located at the Englewood High School shall be owned and supervised by the Englewood School District to provide swimming facilities for the students of the District. The District shall provide for City use of these swimming 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 same for Englewood Public School purposes. b. The District shall have the second prior right to rent these swimming facilities during the days and hours when the Englewood Public 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 compensate the District for the City use of said pool at an hourly rate determined by dividing the cost of pool operations for the previous calendar year (not including capital improvements) by the number of hours per year that the pool is used generally (16 hours per day times 360 days per year, or a total of 5,760 hours per year). e. Billing shall be made quarterly and shall be in s uf ficient 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 e s tablished and collected from other than City and District shall b e considered as rental income. g. At times when the City is using the pool and related facilities, the public may have use of present parking facilities north of the Swimming Pool building. The 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 employ, compensate and be responsible for its 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 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. 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. 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 not 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 parties against liability for property damage of not less than $50,000 for each separate policy. Each said policy shall be primary policies, not contributing with the coverage that the other party may carry. 5. Should any dispute arise between the parties or their successors invol v ing the interpretation, or application of this Agreement, or involving the relationship of the parties hereto in th e 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 submitted for a final and binding determination to the joint City-School Committee. 3 • I • • • • • 6. This Agreement shall extend and be binding upon any and all successors or assigns of the parties hereto. 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 off1c1o City Clerk-Treasurer Attest: Board of Education Secretary CITY OF ENGLEWOOD, COLORADO By __ ~~~~--~~~~~~-Eugene L. Ot1s, Mayor SCHOOL DISTRICT NO. 1 ARAPAHOE COUNTY, COLORADO By------------------~~~~~ Pres1dent Board of Education Section 2. City Council authorizes the Mayor to sign and City Clerk to attest said Agreement on behalf of the City Council and the City of Englewood. Introduced, read in full, and passed on first reading on the 6th day of August, 1984. 1984. Published as a Bill for an Ordinance on the 8th day of August, At test: Eugene L. Ot1s, Mayor ex off1c1o C1ty Clerk-Treasurer • I • - • I • • ORDINANCE NO. SERIES OF 198'4 ____ __ • • • BY AUTHORITY A BILL FOH COUNCIL BILL NO. 28.1 INTRODUCED BY COUNCIL MEMBER tl< 'cr,{ ~ AN OR DINANCE APPROVING US E AGREEMENT BETWEEN THE CITY OF E!GLEWOOD, COLORADO, AND SCHOOL DISTRICT NO. 1, ARAPAHOE COUNTY, COLORADO, CONCERNING DUNCAN SCHOOL. WHEREAS, by User Agreement dated November 6, 1978, School District No. 1, Arapahoe County, Colorado, granted to the City of Englewood use of Duncan 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 surround ing land and the outside access restrooms in the Duncan School building to the City of Englewood; and WHEREAS, the City Council is desirous of securing the use of a portion of the property and restrooms thereon; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The City Council hereby approves and adopts the follow1ng Use Agreement between the City of Englewood, Colorado, and School District No. 1, Arapahoe County, Colorado: USE AGREEMENT THIS AGREEMENT entered into as of the lst day of September, 1984 by and between the CITY OF ENGLEWOOD, COLORADO, a municipal corporation organized and existing pursuant to the provisions of Article XX of the Constitution of the State of Colorado, [hereinafter "the City") and SCHOOL DISTRICT NO. 1, ARAPAHOE COUNTY, COLORADO, a quasi-municipal corporation, [hereinafter "School District"); WITNESSETH I. Parties --Binding This Use Agreement is intended to be a binding contract by the parties, who are School District No. 1, Arapahoe County, Colorado, and the City of Englewood, Colorado. II. Intent By this Use Agreement, the parties: a. Rescind the User Agreement dated November 6, 1978 and r eturn all int r st in th Duncan School Building its lf to School Dist rict No. 1. • I • • • • • • b. Provide for the City's us e of the following described p a rcel [but not the building thereon], until August 31, 1989, to wit: Block 1 Harper Subdivision, Lots 1, 2, 3, 4, 34, 35, 36 and that portion of Lots 5 and 33 lying North of the following line: Begi nning 35.04 feet North of the SW corner of Lot 5 , thence East a distance of 48.00 feet; thence North 7lo 04'31" East a distance of 156.50 feet; thence East a d i st an ce of 88 .42 feet to the East line of said Lot 33 , City of Englewood, County of Arapahoe, State of Colorado . c. Provide for the City's use until August 31, 1989, the restrooms of Duncan School, 4846 South Pennsylvania, Englewood, that can be accessed from outside of the building [hereinafter "the Restrooms"). 1989 . d. Provide for annual renewable terms after August 31, 111. Mutual Rescission--Effective Date The parties, and each of them, hereby voluntarily and mutually rescind the User Agreement dated November 6, 1978, and the parties agree that all interest in the Duncan School Building itself shall be returned to School District No. 1. As consideration for said rescission, the School District agrees to pay the City the sum of One 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 One 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, xcept the restroom& as hereinafter set forth] under the terms of t his agreement as follows: a. The City shall use the premises to deliver community park and recreation services to the public; 2 • I • • • • • • b. Said use will be entirely at the City's expense and at no expense to the School District; c. The City shall have such use of the grounds until August 31, 1989 and thereafter for t~rms of one year, which shall b e automatically renewed unless the City is notified in writing one year in advanc of any termination. d . The City shall give one-year's advance notice prior to its own termination of its interest set forth herein . e . The City shall pay the sum of one dollar ($1) per annum for its use pursuant to this Use Agreement , which sum is payable August 31, 1984, and annually on the same day thereafter. The School District s ha ll not have any right to terminate this Use Agreement for failure to pay the annual user fee without first having provided the City with a written reminder that said fee was not paid and providing the City ninety (90) days after due date to make said payment. f. The City and the School District each agree to maintain separate policies of public liability insurance that cover and apply to the premises in the amount of not less than $300,000 per injury or in an amount not 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 parties against liability for property damage of not less than $50 ,000 for each separate policy . Each said policy shall be primary policies, not contributing with the coverage that the other party may carry. g. The permitted use shall be only as is set forth herein and such other use as the School District shall approve in writing. h. The City shall not permit the use of the grounds for any offensive, noisy, noxious or dangerous activity or any activity that is a nuisance. i. The City is responsible for maintenance of the grounds except for the Duncan School Building and sidewalks and steps leading directly to it. Moreover, the City shall maintain perimeter sidewalks, including the removal of snow and ice. j. The City shall not permit any alterations of the grounds without prior written approval from the School District; k. The City shall pay all license or other governmental fees for the use of the grounds; 3 I • • • • • • 1. Th e City sh a ll p a y all utilities only as they r e l a te to th e grounds described herein, but not as they relate to the Duncan S c hool Building itself. m. The City shall use the grounds in compliance with all applicable laws; n. Th e City accepts the groun d s AS IS and WITHOUT WARRANTY, EXPRESS OR IMPLIED, AS TO CONDITION OF TITLE OR FITNESS FOR ANY PhRTICULAR USE; o. The City agrees to keep the grounds free of all liens and claims, or to remove sam e within ninety (90) days of learning of their existence. Moreover, the City agrees to release, indemnify and hold harmless the School District from and against any such liens and claims; p. The City agrees to surrender the grounds upon termina- tion or cancellation of th i s Use Agreement; q. The City agrees to maintain a policy of comprehensive public liability insurance that covers and applies to the grounds in the amount of not less than Three Hundred Thousand Dollars ($300,000) per injury or death to one person in any one accident or occurrence, or in an amount less than Five Hundred Thousand 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 Thousand Dollars ($50,000). Said policy or policies shall be primary policies, not contributing with the coverage that the School District may carry. r. The School District and occupants of Duncan Building shall have the right to cross and use the grounds upon existing sidewalks for the purpose of ingress and egress to the Duncan School Building. v. New Agreement --Restrooms The parties hereby agree that the City shall have the use of the following other premises under the terms of this Use Agreement a n d as hereinafter set forth: The Restrooms of the Duncan School, 4846 South Pennsylvania, Englewood, that can be accessed from the outside of the building [hereinafter "the Restrooms"] Said premises 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 restrooms themselves, 4 • I • • - • • • • •' • IN WITNESS WHERE OF , the School District authorizes its entering into this Use 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 Agreement to be September 1, 1984. Attest: Gar y R . Higbee, ex officio City Clerk-Treasurer Attest: Board of Education Secretary CITY OF ENGLEWOOD, COLORADO By __ ~------~~~--~~--------Eugene L. Otis, Mayor SCHOOL DISTRICT NO. 1, ARAPAHOE COUN TY , COLORADO By------------------~--~~7 President Board of Education 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 Englewood . Introduced, read in full, and passed on first reading on the 6th day of August, 1984. 1984. Published as a Bill for an Ordinance on the Bth day of August, Attest: Eugene L. Ot1s, 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 complete copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 6th day of August , 1984. Gary R. H1gbee 5 • I • • , • ,. ORDINAOCE 00, SERIES OF 198.-;:4--- • • • BY AUTHORITY A BILL FOR COOOCIL BILL 00. 29 Im'ROOUCh BY cg.JOCIL MEMBER l l-.tJ..... _, AN ORDINAN::E SUPPLEMEN'l'Itf:i ORDINAOCE 00. 71, SERIES OF 1981, FINALLY PASSED AM:> AOOPTED ON o::TOBER 19, 1981, AM:> PROVIDitf:i FOR AN AHEH:I'UNl' TO THE ASSESSMml' ROLL IN CONNEX:TION WITH ~ ~ IMPROVD1ENI' DISTRICT 00. 1980-1, IN THE CITY OF D«;LDroJD, ClLORAOO. WHEREAS, by ordinance No. 35, series of 1980, finally passed and adopted on ()::tober 6, 1980, the City Council of the City of Englewood, Colorado, created Downtown Improvanent District No. 1980-1, within the City, for the purpose of paying part of the cost of constructing and installing a parking lot in the 3400 Block of South Lincoln Street, and walk-throi.J3h improvanents at 3448-3450 South Broadway, to connect with the proposed parking lot , together with necessary incidental costs, or for the reimbursanent of costs already incurred; and WHEREAS, pursuant to the City O'larter, the l'tm icipal ())de of the City of Englewood, and ordinance No. 71, series of 1981, finally passed and adopted on ()::tober 19, 1981, assessnents have been levied against the real property included within the District and specially benefited by the construction and i nstallation of improvanents therein; and WHEREAS, the assessnent roll, setting forth the amOIZit of each assessnent, was attached as Exhibit A to ord inance No. 71, series of 1981; and WHEREAS, following the passage and adoption of said Ordinance, an action was c<mnenced in the District Court for Arapahoe County, Colorado, relating to, among other things, the amounts assessed against certain property owners within the District; and WHEREAS, the District Court subsequently entered an order approving the settlement Agreement, dated Much 8, 1984, which had been entered into by certain parties; and ~. as a result of the settlanent Agreement and the change in t..o of the assessnents, it is necessary to ratify and approve, by ordinance, the changes in the assessnent roll for oo~ontown Improvanent District No. 1980-1; t«:JW, THEREFORE, BE IT ~INED BY THE CITY OXJN:IL OF THE CITY CF D«%.MXD, COLORAOO: 1 ., r: - I • • • I • • .. • Section 1. ~t to Assessment a::>ll • '1\lat the assess- ment roll for Downt01«1 Improvement Dlstnct No. 1980-1 is hereby Glllended to inclooe the revised assessments, as follows: a) The Qldfellows Building and Investment Conpany Lot description: Lots 42 and 43, Block 1, Englewood .1\ddition, Col.Klty of Arapahoe, State of Colorado. Assessment: $16 , 000. b) Jerry Lee Feather Lot description: Lot 31, Block 1, Englewood .1\ddition, Col.Klty of Arapahoe, State of Colorado. Assessment: $8, 000. The assessnents set forth in a) and b) above shall be payable in the time and manner set forth in the Settlement Agreanent dated March 8, 1984, approved by the District Court in and for the Col.Klty of Arapahoe, State of Colorado, Civil Action No. 81CV1703 and approved by the Colorado &lprane Court. Section 2 Ratification of Assessments. All other assessnents, as more part1cularly set forth in the assessment roll attached to Ordinance No. 71, Series of 1981, are hereby ratified and approved, and are payable in such at~Ol.Klts and at such times as provided by said Ordinance. I Section 3. Severability. '1\lat if any one or more sections or parts of this Ordinance shall be adjl.liged unenforceable or invalid, such jl.d9Dent shall not affect, impair or invalidate the remaining provisions of this Ordinance, it being the intention that the various provisions hereof are severable. Section 4. Repealer. All ordinances, or parts thereof, in conflict herew1 th are hereby repealed. Section 5. Hearing. In accordance with the City Charter and the l'tlnlClpal Code of the City, the City Co1%1Cil shall hold a public hearing on this Ordinance, before final passage, on ......-..---....,---.---' 1984 at 7:30 p.m. or at such later time as Co-IXIC-l..,l.---..1-s able to hear it in its nocnal course. Section 6. Publication. 'Ibis Ordinance, after its final passage, Shall be nlittlerEid and recorded, and the adoption and publication shall be authenticated by the signature of the K!yor and the Director of Finance, ex officio City Clerk-Treasurer, and by the Certificate of Publication. Introduced, read in full, and passed on first reading on the 6th day of August, 1984. 2 I • • - • • • • 1984. Published as a Bill for an Ordinance on the 8th day of August, Attest: Eugene L. 0t1s, Mayor ex officio city Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of fbglewood, COlorado, hereby certify that the above and foregoing is a true, accurate and CQ'llplete copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 6th day of August, 1984 • Gary R. H1gbee 3 • I • • - (~ • • ({ • CIIDitWCE NO. SERIFS <F 198....,.4 __ _ • • • BY Al1l'HORITY A BILL FOR CCUCIL BILL 00. 30 I~dCCUCIL MJ!!oeER {I uy-....._, AN ORDINAICE AOOPTit«; THE FIRST St.IPPLJ!MmrAL CDn'RACT WI'llf THE STATE DEPAR'IMENr <F HI~YS AHDI>It«; ESTIMATED COSTS A!i:l ~ CDI>ITI<H> <F THE ORIGINAL CDn'RACT, PROVIDit«; FOR THE REXXIISTROC- TI~ <F THE CITY DITOi. WHEREAS, the City of &lglewood and 'lhe state Department of Hig~ys, Division of Hig~ys, entered a contract dated January 9, 1984 regarding the Littleton Railroad Depression Project to relocate and enclose the City Ditch; and WHEREAS, the City of &lglewood was to pay 43\ of the cost and the state Higt.ey Department was to pay 57\ of the cost; and WHEREAS, the City's share of the project costs was estimated at $437,919 at that time, but final estimates by the state Highway Department now show &lglewood' s share to be $494,016; liM, 'l'HI!:REPC»U:, BE IT ORDt\INI!D BY THE CITY CX:UCIL CR THE CITY CR I!JG.II«XD, COLORADO, as follows: Section 1. 'lhe City Co~.neil of the City of &lglewood hereby approves and adopts the First &lpplanental Contract between the City and 'lhe state Department of Highways, Division of Highways, which contract is set out in full as follows: • 7 G I • • • • • ousv CC l0-001S-U ITAT!/IUIOI.EWOOD CITY DITCH LJ • • • •~ 1 .'· -~ ,. ·• ",_ , .. ·:\ ' MAl~ :.~ i:J~u. CONTRACT THII PII&T IUPPI.KMENTAI. CONTRACT, aade thle ----------day or --------------------· lt _____ , by and between the &tete or Colorado for tbe uoe end benefit of THE &TATE DEPARTMENT OF HIOHWAYI, DIVISION or HIGHWAY&, hereinafter referred to ea the &tete, end the CITY or !NCLEWOOD, ~TAT~ OF COLORADO, hecelnaCtoc ceCerred to ae tho contractor or Local AQency, ~H£8!1.6, eutborltr exioto in tho Law end rundo bevo been budvotod, appropriated end otborwloe aade available and e oufflclent unencuabered balance thereof reaalno available for peyaont ln rund Nuaber 3001, 0/L Account Nuaber S3046, Contract &ncuabrence Nuabor aoua: end WHEREAS, required approval, clearance end coordination bee been eccoapllobod froa end vltb eppropriete evoncloo; end NKia&AI, tbe ltete end Local Avenar entered into e oontrect doted Jenuerr t, 1114 bereloefter referred to •• tbe beolo ooatreot -end aede a part beroor by reforoaco; end MH&I&AI, tbe .. elc contract otlpuleted poroont•t•• for funding or tbe work to be baood upon Cor the incurred cooto; end NKIRIAS, the incurred cooto Cor the work beve lncreaood •• outlined boroin; end MHII&AI, tbo portio• boroto deoire to eaend tbll oontreot vitb roepoct to tho eetlaeted coot, reoponeib111tlee end oocrov contract: lAd WK£1!1.6, tbo eocrov contract 11 attached hereto •• lxhlbit A: and NH&IIAB , tbe pertleo boroto now deelro to execute tblo euppleaontal contract . wow, THIIIPOII, lt le borobr agreed : A. Tbo beelc ooatrect, unleel opociticallr ... nded or revleed beroin ebell roaein in full rocco and effect vltb roopoct to tbe contractual roletionohip between tbe pertioo hereto • • I • - ' • • • • • • B. ltea 1. of the baaic contr•ct ah•ll be •••nded •• follow&: ·1. Jn aubpart A. delete the figure •e1,000,401" and aubatitute therefore "$1,1~1.~61". 2. ln eubpart B. delete the flgure ·•~70,233" and eubetitute therefor "$643,280". 3. ln eubpart c. delete the flgure •e&30,176" and eubetitute therefor "$485,~11". 4. Jn eubpart D. delate the figure •e7,743" and eubetltuta therefor "$1,735•. 5. In eubpart 1. delate tba figure "1437,111" and eubetitute therefor "1414,016". C. Jtea 2.A. UIPOIIIiJBJLJTI!I OP THE LOCAL AGUCY eball be aaendad ae fo1lova: (1) Tile fleet paragrapb eball be identified ae eubparagraph •1•. and aaonded br placing a period after tbe word •contract.• and delete .tbe reaalning pbraee •after acceptance of tbe facllltiee froa tbe ltate•. (2) Add a aov paragraph •a•. "2.(a) The Local Agencr will eetablieb an eecrow account la accordanc~ wltb !xblblt A attacbed bereto aad aade a part bereof, ln favor of tbe ltate, 1• tbe ~ak of colorado roc aa lnltlal aaount of ISO,OOO and agree• to releeee payaeate la full to the &tate for t-, work 1a aaouate aa detecalaed ln accordance vltb paragrapb J ef tbe GIMIIAL PIOVI&IONI. The •so,ooo aaount vlll be ••crowed wltbla flve worklng dar• after tble eupplaaontal contract baa been executed . (3) Tbe Local Agancr eball upgrade tbe eecrov acceuat ae funde are wltbdravn ae etated la paragrapa 4 ef tae GDIUAL P80VlSlONI . -2- • I • - ' • • • • • IN NITN£6S WHEREOF, tha partial horato have axacutad thia contract tht dar tnd rear flrat above wrlttan . ATTIIT: Al'PROVID: ltltt Controller •r --------- ATTIIT: STAT!!! 01" COLORADO RICHARD D. LAM, GOVERNOR DUANE WOODAMD Attornar General 8)' ::-::-:c:::-====-------LYNN ODERNY£11 Pleat Aaalatant Attornar General Natural Da•ourca• Soctlon CITY OP DIOLIMOOD •r ----------- Title ----------- -:a- • I • • ' • • • • >OHV EXHIBIT A ESCRow AGREEHENT AGREEMENT, aa~e thia ~ay of , lt _____ , between :he State of Colorado, for the use and benefit of The State Departaent •f Highways, Division of Highway&, hereinafter referred to as the ltate and CITY OF ENGLEWOOD, STATE OF COLORADO, hereinafter referred .o aa the Local Agency or City. WHEDEA~. the State and the Local Agency have entered into a :ertain contract in writing whereby the State agrees to perfora :ertain work consiating of enclosing the City Ditch for a pro)ect .dentified as CC 10-0075-16, and the Local Agency agree• to rei~burse .he State therefor the estimated sum of "$465,273, a copy of which :ontract is attached hereto and made a part of the Escrow Agreement: WHEREAS, the Local Agency has agreed to depoeit the au~ of 150,000 in escrow and to upgra~e the eecrow as fund• are depleted to ruarantee payment under the eaid proJect contract a• outlined berein, ••low . NOW, TtlEBEP'ORE, it le hereby agreed that: 1 . The Local Agency ehall depoait with'----------------------------- •• Depoeitorr. the eum of t5o,ooo within 5 working after the auppleaenta l contract 1• fully executed for the work deacribed therein . The above aaount 1• to be held in ••crow by the eaid Depoaitory and diapoaed of as herein provided . • I • • ' • • • • (a) This account shall . be updated with an agreed upon amount for conatruction within 10 working daya prior to advertiaeaent of the project for construction . 2. The Depoaitory ahall depoait all aaid amount in an intaraat bearing account and shall collect all interest and aake auch interest payable to the Local Agency. 3. Any expenses incurred by the Depository in connection with the holding of aaid aonies in escrow ahall not be charged to State but ahall be paid by the Local Agency. 4. The Depository is hereby directed to hold, deal with and uiGpost! oC the acorcsaiu deposit and any other Cun.:JG at any time held by the Depository hereunder in the following manner suLject, however, to the teras and conditions hereinaCter set forth. 5. With respect to each withdrawal of funds by the State, the State &hall deliver to Depository a certiCicate from the State, over the signature of the Executive Director or hia deaignae (deaignated in a writing aatiafactory to Depoaitory and Local Agency). aetting forth in reaaonable detail. con1l1tent vltb the State•• noraal accounting procedures. the coat& and expen•e• for which payment i• aought. and further certifying that (a) all auaa being reque&ted for diaburaeaent are properly due and owing to pay proportional coat& incurred in connection with the project a• provided in the contract and (b) copi•• of document& noraally kept by the State in accordance with lt• &tandard procedures. which -2 - • I • • - , • , • • • • identify project costs incurred through the ~ate of the laat payment from thia eacrow an~ which evidence payment• made to the ~ate of eaid laat payment to contractor• and othera. have been furnished or aade available to the Local Agency. Upon compliance with the foregoing and provided auch diaburaeaent complies with all other proviaiona of theae escrow instruction•. Depoaltory ahall proaptly dlaburae auch funda as directed in wrltlng by the Executive Director. Certification ahall be ln the fora of a copy of the coat ledger for the project dated and approved by the State or as otherwise provided Cor herein. 6. Except aa otherwiae provided. a final ~laburaeaent of the escrow funds ahall be aa~e upon aubmiasion of a written request thereCor by the State. IC. after such final disbursement. or upon any other termination oC this escrow. any funds remain deposited herein. they •hall be lame~i~tely paid to the Local Agency. 1. Depoaitory ahall not be reaponaible for verifying the accuracy of atateaents aubaitte~ by the State and aald Depoaltory agrees to honor all requeata for withdrawal of funda whlch are aade ln coapllance with th••• ••crow lnatructlona regardl••• of any objection by the Local Ag~ncy • -l - • I • • - • • f • • • e. Notices required (or which any party ~•Y desire to give) hereunder ehall be in writing and ehall be given by certified or regiatered aail. poatage prepaid, return receipt requeeted, addreaeed •• follow&: If to Local Agency: lC to State: If to Depoaitory: City of f:nl'.l-(lwoo.l &tate Departaent oC Highway& 4201 E. Arkansas Avenue Denver, co 80222 Attn: Chief Engineer or to euch other pereone or addreeaee •• aay be dealvnated by Dotice . Any Dotlce given •• aforeeaid ehall be effective three (l) dare After depo s it of aaae ln the u .s . aalla • -·- • I • • I • 9. • • • Depo6itory•s duties and responsibilities shall be limited to those expreaaly aet forth in these eacrow instruction&, and Depository ahall not be subject to, nor obligated to cecognize, any other agreement between, or direction or instruction of either or both of the partie• hereto even though reference thereto aay be aade herein: provided, however, that these esctow instructions aay be aaended at any tiae or tiaea by an inatruaent ln vritlnv alvned by all the then parties ln intetest and accepted in wtltinv by the Depository. 10. rot the putposes heteoC and as used hetein, •Local Agency• shall aean City of Englewood, Colorado, or any successor or assignee of any o[ its intetest& undet the conttact. Nothing hetein ahall be construed to petmlt tbe Local Agency to withdtaw any funda [tom the eactow account aolely by reason of a transfer of lta lntetests updet the contract. 11. All 4ocuaenta, letter&, notices and certifications to be algned by the Local Agency hereunder ahall be altned by an oCficet on behalf of the Local Agency. _,_ • I • • - I • • • •' • Dated: -----------------· 19 __ __ STATE OF COLORADO RICHARD D. LAMM. GOVERNOR By Executive Dl~ecto~ DEPARTMENT OF HIGHWAYS By Title ACCEPTANCE BY QEPOSITOBY Tbe und•~•lvned Depoalto~y be~eby ag~••• to bold. deal with and dlapoae of all property at any ti•e held by it hereunder ln accordance with the foregoing ••crow inatructlon&. By --------------------------- Depoalto~y Dated --------------· 1984 _,_ • I • - • I • • • • Section 2. The City Counc i l of the City of Englewood hereby author1zes the Mayor and the ex officio City Clerk- Treasurer to sign and attest the same for and in behalf of the City of Englewood. Introduced, read in full, and passed on first reading on the 6th day of August, 1984. Published as a Bill for an Ordinance on the 8th day of August, 1984. Eugene L. Otis, Mayor Attest: ex offlclo Clty 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 6th day of August, 1984. Gary R. Hlgtlee • I • - ' ' • ( • • • • BY AlJI'HORITY ORDINA!CE 00. SERIES <F 198.-::4--- A BILL FOR CXXJtCIL BILL 00. 31 INTRODUCED~: CXXJtCIL MH1BER 1 ), I AN CIIDINAN:E ZQHt«; NDVLY AltiEXID PARCELS CF LAN:> 'ro 'llfE CITY CF ncLDKXJ>, ARAPAHOE caJNTY, STATE <F CDLORAOO, FRQot AN ~ZOOID CIASSIFICATION 'ro R-3, HIGH DENSITY RESIDFlCE, AN) B-2, BlEINESS, AN) D~LARit«i AN EMERGElCY. WHEREAS, pursuant to Section 22.1-7 of the CbniXehensive Zoning Ordinance, any area of land annexed to the City after the effective date of said CbniXehensive Zoning Ordinance shall be considered to be without zone classification; and WHEREAS, the Englewood Planning and Zoning Omnission held a public hearing on June 26, 1984 and concluded that the proposed zoning for R-3 and B-2 was proper for the subject site. WHEREAS, the Planning and Zoning Ccmnission has considered the proposed amenanent and map change and has subnitted its favorable recmmendation to the City Co~.r~cil; and WHEREAS, public necessity, convenience, health, safety, the general welfare and good zoning practice justify the proposed amencbent to the said Official Zoning Map, as hereinafter set forth. ~. 'nfEREFORE, BE IT ORDIHNID BY THE CITY CXXJrciL CF 'llfE CITY <F DG:J!W(X)O, CXlLORAOO, as followo: Section 1. 'n'le following described property shall be zoned fran an I.Wlzoned classification, as a newly annexed parcel of land, to R-3, High Density Residence District: A tract of land identified as Parcel A in the SE l/4, Section 9, and a tract of land identified as Parcel B in the 1£ ·l/4, Section 16, including the East 30 feet of SOuth Windelll\ere Street and part of West Prentice Avenue, in '1'\:)wnship 5 South, Range 68 West of the 6th Principal Mer i dian, Co~.r~ty of Arapahoe, State of Colorado, more part i cularly described as followo: 1 • I • • • • • • PARCEL A: Comlencing at the ~ corner of the SE 1/4 of Section 9, Toi!KIShip 5 South, Range 68 West, thence N 00 degrees 01 '58" W, a distance of 1056.69 feet; thence S 89 degrees 12'00" E a distance of 62.34 feet to the True Point of Beginning; thence S 46 degrees 57'00" E a distance of 648.00 feet; thence S 89 degrees 12 1 00" E a distance of 297.46 feet to a point on the ~rtheasterly line of the parcel described in Book 574 at page 170, Arapahoe COmty Records; thence N 46 degrees 57'00" W along said N:>rtheasterly line a distance of 648.00 feet; thence N 89 degrees 12 1 00 11 W along said ~rtheasterly line a distance of 297.46 feet to the True Point of Beg inning, containing 129,600 square feet (2.98 acres), more or less. PARCEL B: Beginning at the ~ corner of the t<loi 1/4, NE 1/4 of Section 16, Toi!KIShip 5 South, Range 68 West; thence N 89 degrees 54 1 29" E (basis of bearings being the ~rth line of the NE l/4 of said Section 16, having a bearing of S 89 degrees 57 1 00" E, as sho1o11 on the COlorado State Highway Department's right-of-way maps), along the South line the N 1/2 of the NE 1/4, a distance of 1933.37 feet; thence N 0 degrees 05 1 31 11 W, a distance of 30.00 feet to the ~rth line of West Prentice Avenue; thence along the westerly line and westerly line extended Southerly of the parcel described in Book 1978 at page 176, Arapahoe COunty Records, the following courses and distances: N 0 degrees 18 1 14 11 W a distance of 273.85 feet to a point of curve; thence along said curve to the left having a central angle of 18 degrees 18 1 21", a radius of 454.36 feet, an arc distance of 145.17 feet and litlose chord bears N 9 degrees 27 1 24" W, a chord distance of 144.55 feet; thence departing fran said westerly line, S 88 degrees 43 1 46" W, a distance of 1135.78 feet to a point on a nontangent curve; thence along said curve to the left having a central angle of 116 degrees 30 1 1411 , a radius of 312.00 feet, an arc distance of 634. 41 feet, and lltlose chord bears N 83 degrees 17 1 51" W, a chord distance of 530.63 feet to a point of reverse curve; thence along said reverse curve to the right having a central angle of 65 degrees 00'00 11 , a radius of 128.00 feet, an arc distance of 145.21 feet, and litlose chord bears N 57 degrees 32 1 44 11 w, a chord distance of 137.55 feet to a point of tangency; thence S 89 degrees 57 1 16" w, a distance of 130.00 feet to the west line of the NE 1/4 of said Section 16; thence s 0 degrees 02 '44" E, along the west line of said NE 1/4, a distance of 560.00 feet to the Point of Beg inning, containing 822,753 square feet (18 .89 acres), more or less. 2 • I • • • • • - Section 2. The following described property shall be zoned from an tmzoned classification, as a newly annexed parcel of land, to B-2, Business: A tract of land in the SE 1/4, Section 9, and in the NE 1/4 of Section 16, inclu:ling the East 30 feet of South Windermere Street and part of West Belleview Avenue, in To~hip 5 South, Range 68 west of the 6th P.M., Arapahoe Comty, Colorado, more particularly described as follows: Beginning at the NW corner of the NE 1/4 of section 16, To~ hip 5 South I Range 68 west; thence s 0 degrees 02 '44 II E, (basis of bearings being the North line of the NE 1/4 of said Section 16 having a bearing of S 89 degrees 57'00 11 E, as shown on the Colorado State Highway Department's right-of-way maps), along the west line of the NE 1/4 of said Section 16, a distance of 761.04 feet; thence N 89 deg~ees 57'16 11 E, a distance of 130.00 feet to a point of curve; thence along sai d curve to the right having a central angle of 65 degrees 00'00 11 , a ~adius of 128.00 feet, an arc distance of 145.21 feet and whose chord bears S 57 deg~ees 32'44" E, a chord distance of 137.55 feet, to a point of reverse curve; thence along said ~everse curve to the left having a central angle of 116 degrees 30'14 11 , a ~adius of 312.00 feet, an arc distance of 634.41 feet and ..tlose cho~d bea~s S 83 degrees 17'5111 E, a chord distance of 530.63 feet; thence N 88 degrees 43 '46 11 E, ll35. 78 feet to a point on a curve, said point on curve also being the westerly line of the pa~cel desc~ibed in Book 1978 at page 176, Arapahoe Comty Reco~ds; thence along said weste~ly line the following courses and distances: No~thweste~ly along said curve to the left having a cent~al angle of 13 degrees 33'25 11 , a ~ad ius of 454. 36 feet, an MC distance of 107. 51 feet and lotlose chord bea~s N 25 deg~ees 23'18 11 W, a chord distance of 107.26 feet; thence N 32 deg~ees 10'00 11 W, a distance of 332.32 feet to a point of curve; thence along said curve to the ~ight having a cent~al angle of 27 deg~ees 15'00 11 , a radius of 502.50 feet, an arc distance of 238. 99 feet, and lltlose cho~d bea~s N 18 degrees 32 '30 11 W, a chord d i stance of 236.74 f eet to a po i nt o f tang ency; t hence N 4 deg ~ees 55'00 11 w, a dist ance o f 228.28 feet t o the South line o f Wes t Be lleview Avenue; thence depa~ting f~am the weste~ly line of the parcel described in said Book 1978 at page 176, N 00 degrees 03 '00 11 E, a distance of 40.00 feet to the No ~th line of the NE l/4 of said Section 16; thence N 89 degrees 57 '00 11 W, along said North line , a distance of 178.40 feet; thence N 0 degrees 01 '58 11 W, a distance of 30.00 feet to the No rth line of West Belleview Avenue ; thence N 89 degrees 57 '00 11 W, along the No rth line of 3 • I • • • • • west Belleview Avenue, parallel with the North line of the NE 1/4 of said Section 16, a distance of 578.00 feet to the StJ corner of the parcel described in Book 3619 at page 343, Arapahoe O>~Dty Records; thence N 0 degrees 03 '00" E, along the westerly line of the parcel described in said Book 3619 at page 343, a distance of 577.11 feet to the fifi corner of the parcel described in said Book 3619 at page 343; thence N 43 degrees 57'00" W a distance of 4.09 feet; thence N 89 degrees U'OO" W a distance of 297.46 feet; thence N 46 degrees 57'00" W a distance of 648.00 feet; thence N 89 degrees U'OO" w a distance of 62.34 feet to the west line of the SE 1/4 of said Section 9; thence s 0 degrees 01'58" E along the west line of said SE 1/4, a distance of 1056.69 feet to the Point of Beginning, containing 2,182,385 square feet (50.10 acres), more or less. Section 3. 'ftle Official Zoning Milp of the City of fhglewood, O>lorado, hereby is anended accordingly. Section 4. PUblic Heari~. Pursuant to Section 22.3 of the Con(rehenSive Zoning <kdlnance, City 0>\D::il directs that a public hearing be held before it on , 1984 at p.m. with regard to zorung sa1d parcels of land according ~e classifications; • ' Section 5. In the opinion of the City 0>\D::il, an anergency eXlsts, recpiring an ordinance for the imllediate (reservation of public (roperty, health, peace, and safety of the residents of fhglewood; therefore, this OP:dinance shall take effect and be in force frCIII and after its final passage and publication. 'ftle anergency is that developoent and construction ~ the described parcels should begin as soon as possible in order to avoid or minimize winter weather delays. ~I • Introduced, read in full, a00 passed on first reading on the 6th day of IIUgust, 1984. PUblished as a Bill for an Ordinance on the 8th day of August, 1984. Attest: D.Jgene L. otlB , Mayor ex o ffi cio city Clerk-Treasurer 4 • I • • - \I • r ~I • • • • I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of !nglewood, 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 6th day of August, 1984. Gary R. H1gbee 5 • I • • • • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE AGENDA ITEM Zoning Designation for Ar ea #1, Series of 19 84, 1 84 July 5, 1984 INITIATED BY Cit~ Plann1ni and Zonin£ Commission ACTION PROPOSED Receive the Recommendation of the City Planning and Zoning Commission and Schedule a Public Hearing on the Zo ning Designation. BACKGROUND: The land owned by the Arapahoe County Fair Association, and under contract to M. J. Brock and Sons, Inc., was annexed to the Ci ty of Englewood by Ordinance No . 1, Series of 1984, and by Ordinance No . 7, Series of 1984. It is the responsi- bility of the City of Englewood to place this land in Englewood zone classification or classifications. The staff has worked closely with the developer, M. J. Brock and Sons, Inc., regarding the proposed zone classifications for this 69 acre trac t, which lies both north and south of West Belleview Avenu e , and east of South Windermere Street. A Public Hearing before the City Planning and Zoning Commission was held on June 26, 1984. Mr. Jack Sakdol, attorney for the Arapahoe County Fairgrounds, s poke at this Hearing, asking that the total parcel to the north of West Belleview Avenue and east of South Windermere Street, be designated B-2, Business, rather than the B-2 and R-3 Zone Classifications as proposed . No one else from the audience addressed the Commission in favor of or in opposition to the proposed zone designations. RECOMMENDATION: The Planning and Zoning Commission recommendation, made on June 26, 1984, is as follows: The property annexed by Ordinance No. 1, Series of 1984, and Ordinance No. 7, Series of 1984, is to be zoned as follows: I. Area to be zoned R-3, High-Density Residence District. A tract of land identified as Parcel A in the SE 1/4, Section 9, and a tract of land identified as Parcel B in the NE 1/4, Section 16, together with the East 30 feet of South Windermere Street and part of Weat Prentice Avenue, in Township 5 South, Rang 68 West of the 6th Prime Meridian, County of Arapaho , • I • - ' <• • • • • • -2- State o f Colorado, more particularly described as follows: Parcel A: Beginning at the SW corner of the SE 1/4 of Section 9, Township 5 South, Range 68 West. thence N 00°01 I 58" w. a distance of 1056.69 feet; thence s 89°12'00" E a distance of 62.34 feet to the True Point of Beginning; thence S 46°57'00" E a distance of 648 .00 feet, thence S 89°12 '00" E a distance of 297.56 feet; thence N 46°57'00" H a distance of 648 .00 feet; thence N 89°12'00" W a distance of 277.46 feet to the True Point of Beginning, containing 129,600.00 square feet (2.98 acres), more or less. Parcel B: Beginning at the Southwest corner of the NW 1/4, NE 1/4, of Section 16, Township 5 South, Range 68 West; thence N 89 ° 54' 29" E (basis of bearings being the North line of the NE 1/4 of said Section 16, having a bearing of S 89°57'00" E, as shown on the Col orado State Highway Department's right-of- way maps), along the South line of said NE 1/4, a distance of 1933.37 feet; Thence N 0°05'31" W, a distance of 30.00 feet to th e North line of Hest Prentice Avenue; Thence along the Westerly line and Westerly line extended Southerly of the parcel described in Book 1978 at Page 1976, Arapahoe County's Records, the following courses and di stances: N 0°18 '14" W, a distance of 273.85 feet to a point of curve; Thence along said curve to the left having a central angle of 18°18'21", a radius of 454.36 feet, an arc di s tance of 145.17 fe t and ~.>h o se ch o rd bears N 9°27'24" W, a chord distance of 144.55 feet; Thence departing from said Westerly line, S 88°43'46" W, a distance of 1135.78 feet to a point on a curve; Thence along said curve to the right having a central angle of 116°30 '14", a radius of 312.00 feet, an arc distance of 634 .41 feet, and whos chord bears N 83°17'51" W, a chord distance of 530.63 feet t o a p oint of rev rs curv ; Thence along said r everse curve to the left havir~ a central angle of 65°00'00", a radius of 128.00 feet, an arc distance of 145.21 feet, and whose chord bears N 57°32'44" W, a chord distance of 137.55 feet; Thence S 89°57'16" W, a distance of 130.00 feet to the West line of the NE 1/4 of said Section 16; thence S 0°02'44" E. along the West line of said NE 1/4, a distance of 560.00 feet to the Point of Beginning, containing 822,7 53 square feet (18.89 acres), more or less . II. Area to be zoned B-2, Business. A tract of land in theSE 1/4, Section 9, and in the NE 1/4, Section 16, to- gether with the East 30 feet of South Windermere Street and part of West Belleview Avenue, in Township 5 South, Range 68 West of the 6th P.M., County of Arapahoe , State of Colorado , more particularly described as follows: Beginning at the Northwest corn er of the NE 1/4 of Section 16, Township 5 South, Range 68 West; Thence S 0°02'44" E, (basis of bearings being the North line of the NE 1/4 of sa id Section 16 having a bearing of S 89°57'00" E, as shown on the Colorado State Highway Department's right-of-way maps), along the West line of the NE 1/4 of said Section 16, a dist ance of 761.04 feet; Thence N 89°57'16" E, a distance of 130.00 feet to a point of curve; Then ce along said curve to the right having a central angle of 65°00'00", a radius of 128.00 feet, an arc dill- • I • • - - (J (I • • • • -3- tance of 145.21 feet and whose chord bears S 57°32'44" E. a chord distance of 137.5' feet, to a point of reverse curve; Thence along said reverse curve to the left having a central angle of 116°30'14", a radius of 312.00 feet, an arc distance of 634.41 feet and whose chord bears S 83°17'51" E, a chord distance of 530.63 feet; Thence N 88°33'46" E, 1135.78 feet to a point on a curve, said point on curve also being the Westerly line of the parcel described in Book 1978 at Page 176, Arapahoe County's Records; Thence along said Westerly line the following courses and dis- tances, Northwesterly along said curve to the left having a central angle of 13°33'25", a radius of 454.36 feet, an arc distance of 107.51 feet and whose chord bears N 25~23'18" W, a chord distance of 107.26 feet; Thence N 32°10'00" W, a dis- tance of 332.32 feet to a point of curve; Thence along said curve to the right having a central angle of 27°15'00", a radius of 502.50 feet, an arc distance of 238.99 feet, and whose chord bears N 18°32'30" \~,a chord distan ce of 236.74 feet to a point of tangency; Thence N 4°55'00" W, a distance of 228.28 feet to the South line of West Belleview Avenue; Thence departing from the \~esterly line of the par- cel described in said Book 1978 at Page 176, N oo•o3'00" E , a distance of 40.00 feet to the North line of the NE l/4 of said Section 16; Thence N 89°57'00" W, along said North line, a distance of 178.40 feet; Thence N 9°01'58" W, a distanc e of 30.00 feet to the North line of West Belleview Avenue; Thence N 89°57'00" W, along the North line of West Belleview Avenue, parallel with the North line of the NE l/4 of said Section 16, a distance of 578.00 feet to the Southwest corner of the parcel described in Book 3619 at Page 343, Arapahoe County's Records; Thence N 0°03'00" E, along the Westerly line of bhe parcel described in said Book 3619 at Page 343, a distance of 577.11 feet to the Northwest corner of the parcel de- scribed in said Book 3619 at Page 343; Thence N 89°12'00" W a distance of 297.46 feet; Thence N 46°57'00" W a distance of 648.00 feet; Thence N 89°12'00" Wadis- tance of 62.34 feet to the West line of the SE 1/4 of said Section 9; Thence S o•o1 '53" E along theW line of said SE 1/4, a distance of 1056.69 feet to the Point of Beginning, containing 2,182.385 square feet (50.10 acres), more or less. The motion carried with the following vote: AYES: NAYS: Barbre, Tanguma , Carson, Stoel, Be c ker, Venard, McBrayer Magnuson, Allen Findings of Fact supporting this determination of the Planning and Zoning Commission were adopted by said Commission at the meeting of July 3, 1984. Approving the Find- ings of Fact were: Barbre, Tanguma, Carson, Magnuson, Stoel, Becker, Venard, Allen. No one voted in opposition, and Mr. McBrayer was absent. Attachments: Staff Report -Case #23-84 Findings of Fact SUGGESTED ACTION: MOVED BY ______________________________ _ SECOND·--------------------------------- YES NO ____________ ~ ABSENT ________________________ ___ • I • .. (I I \ • • • • CITY PLANNING AND ZONING COMMISSION ENGLEWOOD, COLORADO IN THE MATTER OF CASE NO. 23-84, ) FINDINGS OF FACT, CONCLUSIONS, AND ) RECOMMENDATIONS RELATING TO THE ) ZONING OF PROPERTY ANNEXED TO THE ) CITY OF ENGLEWOOD, COLORADO, BY ) ORDINANCE NO. 1, SERIES OF 1984, ) AND BY ORDINANCE NO. 7, SERIES OF ) 1984, IN CONFORMANCE WITH SECTION ) 22.1-5, NECESSITY FOR DISTRICT ) DESIGNATION, AND SECTION 22.1-7, ) ZONING OF ANNEXED AREAS, OF THE ) COMPREHENSIVE ZONING ORDINANCE. ) A Public Hearing was held on June 26, 1984, in connection with Case No. 23-84 in the City Council Chambers in the Englewood City Hall. The following members of the City Planning and Zoning Commission were present: Allen, Barbre, Becker, Carson, Magnuson, McBrayer, Stoel, Tanguma, and Venard. FINDINGS OF FACT Upon review of the evidence taken in the form of testimony, presentations, and reports, 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 6, 1984. 2. That the Comprehensive Zoning Ordinance was adopted by Ordinance No. 26, Series of 1963, as amended. 3. That Section 22.1-5 of the Comprehensive Zoning Ordinance requires the City Planning and Zoning Commission, within a reasonable time, to initiate action to zone land which is found to be without zone classification to an appropriate zone classification. 4. That Section 22.1-7 considers newly annexed land to be without zone classification and subject to the aforesaid Section 22.1-5 of the Comprehensive Zoning Ordinance. 5. That the land to be zoned was annexed to the City of Englewood by Ordinance No. 1, Series of 1984 and Ordinance No. 7, Series of 1984. 6. That in determining the appropriate zone classification, it is the policy of the City to take into consideration the character of the property to be zoned and of the area in which it is located, as well as the peculiar suitability of the property for particular uses, in order to encourage the moat appropriate use of the land. 7. That the area surrounding the subject site ia developed vith a variety of uses including commercial, industrial, ~lti-family residence, single- family residence and public parka • • I • - .. (' (~ • • • -3- Those ~mbera voting in favor of the motion were Mrs. Becker, Messrs. Barbre, Carson, McBrayer, Stoel, Tanguma and Venard. Those voting in opposition to the motion were Mr. Allen and Mr. Magnuson. By Order of the City Planning and Zoning Commission. Marjorie L. Becker Chairman I • • ( I • STAFF REPORT Page -1- STAFF REPORT RE: • • - ZONING OF NEWLY ANNEXED LAND Case. 1123-84 The zoning of land annexed to the City of Englewood by Ordinance No. 1, Series of 1984 and Ordinance No. 7, Series of 1984. This land is owned by the Arapahoe County Fair Association and is under contract toM. ). Brock and Sons, Inc. DATE TO BE CONSIDERED: The zoning will be considered at a Public Hearing on June 26, 1984. ACTION TO BE TAKEN: The Planning Commission is to recommend an appropriate zone classifica- tion for the subject property to the City Council. LOCATION OF SUBJECT PROPERTY. The subject property is an irregularly shaped parcel which is bisected by West Belleview Avenue. This gives the impression that there are two parcels: one to the north of Belleview and one to the south of Belleview. For the purpose of this section of thP-staff report, the property is described as being located east of South Windermere Street, south of Belleview Park in Englewood, north of West Prentice Avenue and west of South Hickory Road. The common Englewood/Littleton boundaries are along West Prentice Avenue and South Windermere Street. South Hickory Road is in unincorporated Arapahoe County. LEGAL DESCRIPTION OF AREA TO BE REZONED: I. Area to be zoned R-3, High-Density Residence District: A tract of land identified as Parcel A in the SE~, Section 9, and a tract of land 1de~t1f1ed aa Parcel I in the ME~, Section 16, together with the Eaat 30 feet of South Winder.ere Street and part of Weat Prentice Avenue, in Tovnahip S South, a.nae 68 Weet of the 6th Pri.e Meridian, County of Arapahoe, State of Colorado, .are particularly deacribed aa follova: PARCEL A: leatnntna at the SW corner of the S!~ of Section 9, Tovnahip 5 South, &auae 68 Weat, thence 'M oo•ol'58" W, a diatance of 1056.69 feeq thence S 89.12'00" E a distance of 62.34 feet to the True Point of Beginning; thence S 46.57'00" E a diatance of 648.00 feet, thence S 89.12'00" E a diatance of 297.46 feet;· thence N 46.57'00" W a diatance of 648.00 feet; thence M 89.12'00" W a dietance of 277.46 feet to the True Point of le&inning, containina 129,600.00 aquare feet (2.98 acrea), .are or 1eaa. PARCEL II: leginnina at the louthveat corner of the ~. R~ of Section 16, Townah1p 5 South aanae 68 Weat; thence R 19•54' 29" E (baata of be.rinaa betna the North 1tne of the Mtll, of aaid &action 16, havin~ a bearina of S 89.57'00" !, • I • • ( / • STAFF REPORT Page -2- • • - ZONING OF NEWLY ANNEXED LAND Case /123-84 as ahovn or. th1• Colorado Stat~ Highway D~partment 'a right-of-ay mapa), along the South lin~ of aaid N&", a diatance of 1933.37 feet; Th~nce N o•o5'31" W, a distance of 30.00 f~~t to the North line of West Prentjce Av~nue; Thence along the Westerly line and Westerly lin~ extend~d Southerly of th~ parcel described in Book 1978 at Page 176, Arapahoe County's Records, the following courses end distances: N 0"18'14" W, a distance of 273.85 feet to a point of curve; Thence along said curve to the left having a central angle of 18"18'21", a radius of 454.36 feet, an ere distance of 145.17 feet and whose chord beers N 9"27'24" W, a chord distance . of 144.55 feet; Thence departing from said Westerly line, S 88°43'46" W, a distance of 1135.78 feet to a point on a curve; Thence along said curve to the right having a central angle of 116.30'14", a radius of 312.00 feet, en arc distance of 634.41 feet, and whose chord bears N 83.17'51" W, a chord distance of 530.63 feet to a point of reverse curve; Thence along aaid reverae curve to the left having a central of ~5.00'00", a radius of 128.00 feet, an arc distance of 145.21 feet, and whose chord bears N 57°32'44" W, a chord distance of 137.55 feet; Thence S 89°57'16" W, a diatance of 130.00 feet to the West line of the Nf.l.z of said Section 16; Thence S o•o2'44" E, along the West line of said NEit, a distance of 560.00 feet to the Point of Beginning, containing 822,753 square feet (18.89 acres), more or leaa. II. Area to be zoned B-2, Business: A tract of land in the SE ~. Section 9, and in the NE \, Section 16, together with the Eaat 30 feet of South Windermere Stre~t and part of West Belleview Avenue, in Tovnahip 5 South, Range 68 West of the 6th P.M., County of Arapahoe, State of Colorado, more particularly described as follows. Beginning at the Northweat corner of the NE\ of Section 16, Townahip 5 South, Range 68 Weat; Thence S 0°02'44" E, (basis of bearings being the North line of the NE \of said Section 16 having a bearing of S 89.57'00" E, as shown on the Colorado State Highway Department's right-of-way maps), along the West line of the NE \ aaid Section 16, a diatance of 761.04 feet; Thence N 89.57'16" E, a diatance of 130.00 feet to a point of curve; Thence along said curve to the right having a central angle of 65.00'00", a rad.1,ua of 128.00 feet, an arc dietance of 145.21 feet and vhoae chord beara S 57.32'44" E, a chord diatance of 137.55 feet, to a point of reverae curve; Thence along aaid reverae curve to the left having a central angle of 116°30'14", a radiua of 312.00 feet, an arc diatance of 634.41 feet and whoae chord beara S 83.17'51" E, a chord diatance of 530.63 feet; Thence N 88.43'46" E, 1135.78 feet to a point on a curve, aaid point on curve also being the Weaterly line of the parcel described in Book 1978 at Page 176, Arapahoe County'a Recorda; Thence along aaid Westerly line the following courses and distances, Northweaterly along aaid curve to the left having a central angle of 13°33'25", a radius of 454.36 feet, an arc distance of 107.51 f~et and whoae chord bears N 25°23'18" W, a chord distance of 107.26 feet; Thence N 32.10'00" W, a diatance of 332.32 feet to a point of curve; Thence along aaid curve to the right having a central angle of 27°15'00", a radiue of 502.50 feet, an arc diatance of 238.99 feet, and whose chord bears ~ 18.32'30" W, a chord diatance of 236.74 feet to a point of tangency; Thence 111 4•.ss'OO" W, a dietaDca of 228.28 feet to the South line of Waet Belleview Avenue; Thence departina fro. the Weaterly line of the parcel described in aaid Book .1978 at Paae 1~6, J11 00°03'00" E, a dhtance of 40.00 • I • • ( . t • • STAff RET'Ol'.T h•g (· -j- • • - Z0!\11\G Of 1\1.:>-.'L Y Al<l'Di'CD LAN!l Ctose f;23-84 feet to the North line of the );t &a, of aaid Section 16; Thence N 89.~7'00" W, along aaid tlorth line, a dilitance of 178.40 feet; Thence N o•Ol'58" W, a di&tance of 30.00 feet to the ~orth line of West Belleview Avenue; Thence 'N 89.57'00" W, along the North line of West Belleview Avenue, parallel vith the 'North line of the NE ~ of aaid Section 16, a diatance of 578.00 feet to the Southweat corner of the parcel deacribed in Book 3619 at Page 343, Arapahoe County'• llecords; Thence N o•o3'00" E, along the Weliterly liae of the parcel deacribed in aaid Book 3619 at Page 31.3, a distance· of 577.11 feet to the Northwe&t corner of the parcel described in •aid Book 3619 at . Page 343; Thence N 89.12'00" W a diatance of 297.46 feet; Thence 'N 46.57'00" W a distance of 648.00 feet; Thence N 89.12'00" W a diatance of 62.34 feet to the West line of theSE~ of aaid Section 9; Thence S o•ol'53" E along the West line of aaid SE ~. a diatance of 1056.69 feet to the Point of Beginnina, containing 2,182.385 aquare feet (50.10 ~ere&), sore or leaa. DESCRIPTION OF SUBJECT SITE AND ADJACENT AREA: The subject site contains approximately 69 acres, and is proposed to be zoned in two classifications, R-3, High-Density Residence District and B-2, Business District. See the attached Map Number One for the division of zone classifications. As stated previously, the property, for practical purposes, appears to be two parcels bisected by West Belleview Avenue. The portion of the site north of West Belleview Avenue and east of South Windermere Street has been and is at present the location of the South Drive-in Theater. The remainder of the site has been and is at present the location of the Arapahoe County Fairgrounds. All of the structures are to be demolished and the property is proposed to be developed by M. J. Brock and Sons, Inc. Belleview Park is adjacent to the subject site to the north and northeast and is zoned R-1-C, Single-Family Residence, with R-1-A, Single-Family zoning and single-family development east of the park. The area directly east of the drive-in theater is unincorporated Arapahoe County and is developed with a lumber yard and an equipment rental business. North of West Prentice Avenue and to the east of South Hickory Road there is a condominium develop- ment with a Littleton zone classification of R-5, Residential Multiple Family District. Progress Park, zoned R-1, Residential Single-Family District by Littleton, is adjacent to the condominiums. Further east along the south side of Belleview and the north side of Prentice, the area is zoned R-5 and is developed with multi-family uses. The area to the south of West Prentice Avenue is developed with single- family residences and has a Littleton zone classification of R-3, Residential Single-Family District. To the west of the subject site across South Windermere Street, the area is developed with single-family residences and is also zoned R-3. To the north of Sheri Lane and west of South Windermere Street, the area is developed with a mixture of commercial uses and is zoned B-3 Business District. This area is also within the City of Littleton . The area on the northwest corner of West Belleview Avenue and South Winder- mere Street is zoned I-2 Industrial and is in Littleton. BACKGROUND OF PREVIOUS ACTION RELATING TO THE AREA: Thia area waa annexed to the City of Englewood by Ordinance No. 1, Series of 1984, and Ordinance No. 7, Seriea of 1984. It is the City'a reaponaibility to initiate proceeding• which will place an Englewood zone claaaification or claaaifications upon the annexed land. It ia the policy of the City to work with the property owner to determine the moat feaaible zone claaaifica- tion. The zoning which has been propoaed would accommodate the uaea that have been diacuaaed by the developer, M. J . Brock and Sona, Inc • • I • • - ( I ,• I I • • • • STAFF REPORT Page -4- ZONING OF NEWLY ANNEXED LAND Case 1123-84 COMMENTS FROM OTHER DEPARTMENTS AND THE CITY OF LITTLETON. Public Works -Does the R-3 area in Parcel A need direct access to a dedicated street? (Staff note: The access to this parcel will be addressed through the Subdivision Regulations and the Planned Development.) City Engineer -Drainage and subdivision plans will be required before Planned Development or subdividing. Building Department -Does not affect this department. Police Department -Is approved. Parks and Recreation -Any park access should be limited pedestrian access only and from Windermere Street only. Depending on the type of development to occur, any parking areas adjacent to park should be scr.eened by fencing, landscape depressed parking or a combination of screeniTig methods. Ownership of pets should be restricted. Any special requirements for pedestrian access should be made by the developer, approved by the City and done according to City specification. Comments were requested from the Utilities, Fire and Highway Departments, but they have not been received to date. City of Littleton -See attached letter and agreement. DEPARTMENT OF COMMUNITY DEVELOPMENT ANALYSIS AND RECOMME~~ATION: The members of the City Planning and Zoning Commission have visited the site as a group and are each familiar with the property and the surrounding area. It had been anticipated that the developer would submit a market study which information could be considered in connection with the proposed zoning. Absent a market study and in determining the proposed zone classifications on the subject site, the Planning and Zoning Commis- sion will take into consideration the character of the property to be zoned and of the area in which it is located, as well as the peculiar suitability of the subject property for particular uses, with a view of encouraging the most appropriate use of the land. The surrounding area is developed with ·a variety of uses including single-family residences, multi-family residences, commercial and industrial uses and two parks, which are also adjacent to the site. In considering the character of the property and ~be area. development limited to single- fam i l y or two family residen ces would not be appropriate; therefore, to zone the property any of the categories in the R-1 or R-2 zone districts would not be reasonable. The B-1 Business District is designed for the Englewood Central Business District,·and again, would not •be appropriately imposed on this property. The proposed R-3 classification on the extreme northeast portion of the aite and on the extreme aouthern portion of the aite is intended to provide development which is residential in character and will act aa a tranaition from the existing aingle-family areaa to the proposed B-2, • I • • (f . ,. \ • STAFF REPORT Page -5- • • • ZONING OF NEWLY ANNEXED LAND Case #23-84 Business classification toward the middle of the site. Because of the location of the property on West Belleview Avenue, a major east-west arterial, its proximity to industrial and commercial uses along Windermere and Belle- view, and ita proximity to South Santa Fe Drive, the proposed B-2 and R-3 zone districts would appear to offer the most feasible use of the property. Under the proposed zone classifications, the property could be developed with a mix of multi-family uses, office and retail. To this time the City has not received any development plana; however, the property will have to be brought into conformance with the Subdivision Regulations and Planned Development before any development can take place. This will require several public hearings before both the Planning Commis- sion and the City Council. All development on this property will be controlled through the Subdivision and Planned Development procedures. At such time as a development plan is submitted, the site design should be sensitive to existing land use characteristics in the adjacent area. Again, the site design, access, drainage and other specific issues will be controlled through additional procedures which the City will require, specifically, the Planned Development and Subdivision requirements. The Arapahoe County Fair Association representatives, M. J. Brock and Sons, Inc., and the City of Littleton have each signed an agreement which will be binding upon the developer of the subject property. A copy of this agreement is attached. While the terms of this agreement will apply primarily to the developer of the property and will be considered at the time the Development Plan is addressed, the proposed zoning would not be in conflict with this agreement. The Department of Community Development recommends that the proposed zone classifications as indicated on the attached Map Number One be approved. • I • • • • • ZONING DESIGNATIONS SURROUNDING THE ARAPAHOE COUNTY FAIRGROUNDS CITY OF ENGLEWOOD ~---R-1-C 1-2 LITTLETON B-2 B-4 (.c.. B-3 LITTLETON B-~ BUSINESS DISTRICT W. SHERI LANE R-3 LITTLETON R-5 R-3 HIGH DENSITY ~ESIDENCE DJST~ICT p,..--.cu. e. ... t! W) ., 8 t! t! c i en 10 8 0 >-c ... • e: e: • Cl) z g I c :1 .., .., c ... a e: .., ac .., c _, 0 e: u • , u c .., ... "' i ..; ..; .; ..; ..; .; ~ N CITY OF LITTLETON • • ' () , • 'JJ 'CI . '! -0 "o ... fi ' I B-2 • • • CI TY or ENGL£1\·ooo, COLORI.OO A~EA~ ANNEXED BY OIU>II\I .. NCE. NO. I SE.RIE.5 1964 .t.NO O~l>IN4NCE Na7 SERIES 198t TO BE ZONED .t.S I...,DIC ... TED 8-Z: BustNES.S DISTRICT CITY OF LITTLETON • I . - • • • • , f ORDINAN:E t«>. BY AlJl'HORITY SERIES <F 198''4 __ _ A BILL FOR AN OROINAN:E APPROVIN; AI'IElDmiT TO ~ RfXiMDIN:> LI'M'LE DRY CREEK caiS'l'Rt£TION <F All> AC~ISITION <F RIGHT--<F-wAY ~ BE'lWml 'l1fE CITY <F ~ All> URBAN DRAINAG: All> FLOOO CXNl'ROL DISTRICT CXH:ERNitl> 'l1fE DE'l'ENI'ION PCH> PROJEX::T. WHEREAs, the City of Ehglewood (hereinafter "the City") and Urban Drainage and Flood Control District (hereinafter "District") previously entered into an agreanent entitled "Agreanent Regarding Little Dry Creek (ARMCO) Constroction of and ~isition of Right-of-way DniXovanents" dated June '1:7, 1983 (Agreanent No. 83-03.09); and WHEREAs, District has adopted a five-year capital imiXovanent program for drainage and flood control facilities lohich inchdes an additional $250,000 for right-of-way acquisition and oonstroction of imiXovanents on Little Dry Creek fran Santa !I! Drive to Clarkson Street; and WHEREAS, District has heretofore adopted a special revenue fund budget for 1984 in which funds are available for District's share of right-of-way and constroction costs, and District Board has authorized this additional financial participation for said acquisition and construction; t«loi, 'nfEREFORE, BE IT ault\INID BY 'nfE CITY CXlJN:IL <F 'l1fE CITY <F ~. CXX.ORADO, as follows: Section 1. '1be City Co~meil of the City of fbglewood hereby approves and adopts the lmenclnent to Agreanent Regarding Little Dry Creek (ARMCO) Construction of and ~isi tion of Right-of-way for DniXovanents (ltgreanent No. 83-03.09A), llllelllinent agreanent is attached hereto, marked Attactment A, and incorporated herein by reference. Section 2. '1be City Co~meil hereby authorizes the Mayor and the ex off1cio City Clerk-Treasurer to sign and attest the same for and in behalf of the City of Englewood. Introdi.X:ed, read in full, and passed on first reading on the 6th day of AugllSt, 1984. • I • • ({ ( • • • • 1984. PUblished as a Bill for an Ordinance on the 8th day of August, Attest: FJJgene L. ot1s, Mayor ex officio city Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Pnglewood, Colorado, hereby certify that the above and foregoing is a true, accurate and cxmplete copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 6th day of August, 1984. Gary R. Higbee • I • • ( ( ( • • • • AMENDMENT TO AGREEMENT REGARDING LITTLE DRY CREEK (ARAPCO) CONSTRUCTION OF AND ACQUISITION OF RIGHT-OF-WAY FOR IMPROVEMENTS (Agreement No. 83-03.09A) THIS AGREEMENT, made this ------day of --------• 1984, by and between the URBAN DRAINAGE AND FLOOD CONTROL DISTRICT (hereinafter called "DISTRICT") and the CITY OF ENGLEWOOO (hereinafter called "CITY"): WITNESSETH: WHEREAS, DISTRICT and CITY entered into "Agreement Regarding little Dry Creek (ARAPCO) Construction of and Acquisition of Right-of-Way for Improvements• (Agreement No. 83-03.0g) dated June 27, 1983; and WHEREAS, DISTRICT has adopted at a public hearing a Five-Year Capital Improvement Program (Resolution No. 59, Series of 1983) for drainage and flood control facilities in which additional $250,000 in funds for right-of-way acquisition and construction of improvements on little Dry Creek (ARAPCO) fr0111 Santa Fe Drive to Clarkson Street are included therein; and WHEREAS, DISTRICT has heretofore had adopted a Special Revenue Fund Budget for Calendar Year 1984 subsequent to public hearing (Resolution No. 46, Series of 1983) in .tlich funds are available for the DISTRICT's share of right-of-way and construction costs; and WHEREAS, OISTRICT Board has authorized additional DISTRICT financial participation for acquisition of right-of-way and construction of il~provl!llents on little Dry Creek (ARAPCO) fr011 Santa Fe Drive to Clarkson Street (Resolution No. 27, Series of 1984). NOW, THEREFORE, in consideration of the initial promises contained herein, the Parties agree as follows: 1. Paragraph 7 (First paragraph) is deleted in its entirety and replaced with: "7. ALLOCATION OF COSTS AND FINANCIAL COit4ITMENTS OF DISTRICT AND CITY Based on esti1111ted project costs of $3,500,000, DISTRICT shall contribute $1,150,000 and CITY shall contribute $2,350,000. If total project costs are less than SZ ,300,000 then total project costs shall be shared on a 50-50 basis by each Party. If total • I • • - ( ( • ( • • • • project costs exceed $2,300,000 DISTRICT's share shall be $1,150,000 . DISTRICT contributions may be allocated to either or both right-of-way and construction as defined herein in any proportions up to a maximum contribution of $1,150,000 . Procedures and payment for right-of-way and construction are defined in the renainder of Section 7. 2. Paragraph 7.2.3.5 is amended by deleting "$900,000" in the seventh line and replacing with "$1,150,000". 3. All ot~er terms and conditions of Agreement 83-03.09 remain unchanged . WHEREFORE, the parties hereto have caused this instrument to be executed by properly authorized signatures as of the date and year above written. (SEAL) ATTEST : (SEAL) ATTEST: 2 THE URBAN DRAINAGE AND FLOOO CONTROL DISTRICT By ______________________ _ T1 t 1 e --'E"'x"'e"'c::.ut::.;i;...;;v::.e...:D""'i-'-rec=t=-=o"-r---- Date ------------- C 1TY OF EIIGL EWOOO By ---------------------- Title -------------------- Date ------------- • ' .• j ·l •I I • • - ( ( ( • ORDitWCE 00. SERIES CF 198''4-- • • • BY Al1I'HORITY A BILL FOR CXXJlCIL BILL 00. 33 IN'l'ROOUCFD BY CXXJlCIL HfMBER /) 1 t-Jc AN ORDitWCE APPROVIKO 'nfE ~ 'S ~ BE'IWEEN 'nfE CITY CF EHiLEWaD, CXlLORAOO, AK> 'nfE BOMD CF <Xl.lNTY aH1ISSIONERS CF 'nfE <Xl.lNTY CF ARAPAHOE FOR 'mFA'lt1Drr CF ~TER IN C00NTY LINE LA!I)FILL. WHEREAS, the Cl:>~.nty of Arapahoe is the 01o11er of Cl:>~.nty Line Landfill located in Douglas Cl:>~.nty, Cl:>lorado; and WHEREAS, rainfall and natural drainage have entered into the landfill site and collected in the burial pit of said landfill; and WHEREAS, Cl:>~.nty wishes to utilize the 11e1oege treatment facilities of the City of Ehglewood to receive and treat this wastewater; NJW, 'lliEREFORE, BE IT ORDIHNID BY 'niE CITY CXXJlCIL CF 'nfE CITY CF EH;LfloiO(l), OOLORAOO, as follO\o&: Section 1. 'lbe City Cl:>~.neil of the City of Ehglewood hereby approves the Cl:>nnector' s Agreanent between the City of Ehglewood and 'lbe Board of Cl:>~.nty Cmrnissioners of the Cl:>~.nty of Arapahoe for the treatment of wastewater in the Cl:>~.nty Line Landfill, ~ich agreanent is attached hereto and incorporated herein by reference. Section 2. 'lbe City Cl:>~.neil authorizes the Mayor and ex officio C1ty Clerk-Treasurer to sign and attest said Agreement for and in behalf of the City of Ehglewood. Introduced, read in full, and passed on first reading on the 6th day of August, 1984. 1984. Published as a Bill for an Ordinance on the 8th day of August, Attest: &!gene L. 0t1s, Mayor ex officio City Clerk-Treasurer • , J . I • • ( • • • • I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of &lc]lewood, COlorado, hereby certify that the above and foregoing is a true, accurate and CXJnplete copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 6th day of August, 1984. Gary R. Higbee • I • • • • • • Sewer Cont rac t No. THIS AGR EEME NT, made and e ntered into this day of , 19 ____ , by and between the CITY OF ENGLEWOOD, COLORADO, a municipal corproation , hereinafter referred to as "City", acting by and through its duly elected, qualifi e d and authorized Mayor and City Clerk, and THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF ARAPAHOE, a body corporate and politic of the State of Colorado, h erei nafter ref e rred to as the "County". WITNESSETH WHEREAS, the County is the owner of County Line Landfill located in Douglas County, Colorado, south e ast of the intersection of South Colorado Boulevard and County Line Road; and WHEREAS, Waste Management of Colorado, Inc., (hereinafter referred to as Waste Management), is the opera- tor and manager of County Line Landfill pursuant to an agreement with the County; and WHEREAS, rainfall and natural drainage have caused certain storm waters to enter into the landfill site and to collect in the burial pit of said landfill ; and 1 • I . • • • • WHEHEAS, these storm waters (h ereinafte r r ef e rr e d to as "s ewage " l have the general characteristics of domestic waste waters; and WHEREAS, the City owns and operates a sewage treatment plant, together with a sewage system, so situated physically as to be able to receive and treat the sewage gathered by the County; and WHEREAS, it is the desire of the County to utilize the facilities owned by the City for the tr eatment of this sewage and the City is willing to serve the County for treatment of this sewage under certain conditions. NOW, THEREFORE, IN CONSIDERATION of the promises and for other good and valuable consideration hereinafter set forth, it is mutually agreed by the parties as follows: 1. The City hereby agrees under the conditions hereinafter set forth to treat the sewage originating from County's landfill site, as indicated in the description attached hereto marked Exhibit A. The County specifically agrees to prevent sewage from any area, other than that described herein, from being discharged into the County's sanitary sewage system connected to City's trunk line and to prevent connections to the system from or in any area other than those described herein. 2. In the operation of the County's sanitary sewer system, the County agrees that all applicable Code provi- sions and rules and regulations of City, including amend- ments thereto during the term of the contract, shall be the minimum standards for the County's system. The County further agrees to abide by all applicable state and federal laws, rules, regulations, or permits, including those of the Environmental Protection Agency (the EPA) as they become effective or implemented or upon notice from the City. The 2 • I • • • • • • • County shall hu.ve the :::-e=:p c .-:"~bility fo!:" e nsuri:1g that all users, contractors, and subcontractors are fully informed of, and c o~p ly with, all a p plicable rules, regulations, and standards. It shall be the responsibility of the County to obtain from the appropriate governing body the applicable requirements. The City shall attempt to maintain and pro- vide all requirements to the County; however, City does not guarantee the accuracy or completeness of government regula- tions other than the City's own regulations. 3. The City's permitting requirements shall be followed by the County and Waste Management. All plans, specifications, and methods of work within the County shall be submitted to the City in writing and approved by City prior to any construction or tap in the County's approved area. No permit shall be final and no service shall be pro- vided to property until construction is approved in writing by City. 4. The County shall, at all times, properly maintain its sewer system and shall rectify any problems or con- ditions which have been determined by the County or City to be detrimental to City's treatment process. Should the City determine that any discharge enters the sewer system contrary to governing laws, ordinances, statutes, rules, regulations, or permits, the County agrees to proceed at once to do whatever is necessary to rectify such condition. 5. City shall have the right to allocate service under this contract, and City may deny additional service provided, however, that in no event will City terminate ser- vice without cause. City shall have the right to disconnect service to any area annexed by the County when such annexa- tion takes place without prior written City. 6. The County agrees to pay to City those fees and charges, including tap fees, user fees, and such other fees, charges, and assessments as are approved by the City Council. City shall bill the County user direct for all City charges and those County charges upon mutual agreement of City and County. These charges are subject to adjustment from time to time by City; when such charges are changed, City shall give the County forty-five (451 days' written notice. 7. The term of this Agreement is for a period of three (3) years from the date of execution , during which time the County agrees that all effluent produced from taps 3 • I • • • • • .. • e ~i:h in th e County Line Landfil l shall not be in violRtion of any federal , state of City laws, rules or r e gulations, or a ny othe r app licabl e governmental r e gulations or the permits under which the City operates its sewage treatment system. City agr ees , during the t erm her e of, to treat said efflue nt and to maintain adequate facilities for treating of the same. 8. The County agrees that it will maintain, at its own expense, all of its lines, or those lines now owned and operate d by the County, it being specifically agreed that City assumes no responsibility should any of the County's line s b ecome clogged, damaged, or require maintenance. 9. City is providing only sewage treatme nt service and, pursuant th ere to, permits incidental use of City's sewage lines and only by this individual contract with the County and does not, by this contract, offer treatment ser- vice except in strict accordance with the terms her e of. This contract does not of fer , and sh all not be construe d as offering, sewage tr e atme nt service to the public g e nerally or to any area outside the limits of the County Line Landfill. 10. This contract may not be assigend,, sold, or trans- 1 ferred by the County without City's written consent. 11. Should any federal law, rule, permit or regulation or any state law, rule, permit, or regulation, or should a decree or order of a court render void or une nforceable any provisions of this contract, in whole or in part, if possible, the remainde r shall be of full force and effect. 12. The County shall enforce this agreement and each of its terms and conditions within the area described in Exhibit "A". Should the County fail to promptly rectify a breach of those provisions identified herein , after notice thereof , City may take such steps and do such work as it deems necessary to enforce this agreement, including litiga- tion and specifically a right to injunction or specific per- formance against the County as is necessary to protect the City's system and operations. The prevailing party shall be entitled to expenses and costs of suit, including attorney fees . Should the County and more than one District be con- nected to a sewer line, the County and all Districts on the line shall be jointly and severally liable for any breach of this agreement and shall imm e diately, after notice , rectify any problem or condition d e trimental to the tr e atment pro- 4 I • • - • • • • • • • c e ss . City s!.all n o t b .;, r'''l '''' :u cu LJCOV~ • . .;11ich District or the County is at fault but shall ma ke available to all such affected Districts and the Cou~ty all inf o rmation d eveloped or accumulated by City pertaining to such breach. 13. This contract shall not be used as a legal defense or prohibition to the mandatory consolidation of facilities by either party as may be required by the laws of the State of Colorado of all existing sewer collection systems and facilities to a governmental entity created to assume responsibility for sewer service in the area in which both City and the County are a part under statutory or constitu- tional authority as may be the case. 14. The City and the County mutually agree that the purpose of this agreement is only to drain the County Line Landfill of storm waters that have collected therein. The City does not serve land south of County Line Road in the vicinity of the landfill. No other use will be made of the sewer line except to drain storm waters from County Line Landfill and this sewer line will be immediately discon- nected at the expiration of this agreement or when draining of the landfill is complete, whichever occurs first, unless an extension is specifically agreed to in writing. ~ 15. The tap fees for treatment of the waste water from the County line shall be $100,000.00. This fee is paid to reserve treatment capacity at the Littleton/Englewood Wastewater Treatment Plant. After six (6) months from the date of issuance of the permit, the City and County and Waste Management shall review the amount of capacity needed for treatment of the wastewater from the County Line Landfill. If a significant reduction in treatment capacity is demonstrated, the City agrees to refund the portion of tap fee paid relating to treatment capacity not needed by The County and Waste Management. Similar reviews shall occur at three (3) to six (6) months inverbals thereafter when requested by the City or the County and Waste Management and if the amount of needed treatment capacity is reduced, additional refunds will be made. The Englewood $.83 per shall! be treatment fee shall be as set forth in the "Wastewater Utility Ordinance" which currently is 1000 gallons. The surcharge fee, if required, as set forth in the above-noted ordinance. 16. The County and/or l~aste Management shall complete the City's "Permit to Construct and Permit to Use Sanitary Sewer". 5 • I • • - • • • • • 17. The County and/or Waste Manag em ent s h all make all n e c e ssary arrangements with the South Arapahoe Sanitation Di strict which are required to transmit the s ewage from the County Line Landfill to the City's sewage t r eatment plant. ATTEST: Marjorie Page Clerk of the Board ATTEST: Gary R. Higbee City Clerk ATTEST: BOARD OF COUNTY COMMISSIONERS, COUNTY OF ARAPAHOE Chairman Date CITY OF ENGLEWOOD, COLORADO Date WASTE MANAG EMENT OF COLORADO, INC. Date 6 • I • • ·In J- • ORDINA!CE t«>. SERIES <F 198'""'4 __ _ • • • BY AUTHORITY A BILL FOR <lXJOCIL BILL t«>. 34 I~ BY CXXlN:IL Mn1BER ~ LH d L AN ORDINA!CE AVI'HORIZir«; THE EXEX:lJI'ION CF A CUlT ClAIM DEID ro THE CITY <F LIT'lU:TON ro Cl>RR!X:T TITLE ro THE OOU'llf Mm'RO FIRE TRAIN- It«; JICADEMY • WHEREAS, on the 26th day of Hay, 1977, the City of Littleton granted to the City of Ehglewood certain real property to be held jointly for its purposes as a fire training academy; and WHEREAS, the real property has been resurveyed, and it is necessary to transfer to the City of Littleton that real property received for the SOuth Metro Fire Training Academy; and WHERFAS, a new deed will be granted to the City of Ehglewood properly reflecting the real property upon which the SOuth Metro Fire Training Acadany is located; ~. THEREFORE, BE IT ORDIHNID BY 'nfE CITY <lXJOCIL CF THE CITY <F O«;LfJIJOOD, <XlLORAOO, as foll~: Section 1. '!be City Co~.n:il hereby approves the grant to the C1ty of Littleton, by ()lit Claim Deed (copy attached hereto as Exhibit "A"), the following described real property: A tract of land in the ~ quarter of the 9li quarter of Section 9, 'l'OlollShip 5, Range 68 West of the 6th P.M., CoiZity of Arapahoe, State of Colorado, described as foll~: Calmencing at a point 594 feet North of the 9li corner of Section 9, thence North 89o59 1 East a distance of 565.9 feet; thence North Oo8 1 East a distance of U06.6 feet; thence North 27ol0 1 East 238.2 feet to the point of beg inning, 1obich point is approximately 248 feet SOuth of the centerline of Big Dry creek; thence North Oo5 1 West 608 feet to a point, said point being 287.7 feet SOuth of the SOutherly line of the CoiZity road; thence SOuth 89o55 1 West to the centerline of the South Platte River; thence SOutherly along the centerline of the SOuth Platte River to a point fran lotlich the point of beginning bears North 89o55 1 East; thence North 89o55 1 East to the Point of Beg inning, being 4.1 acres, more or less. • I • • '( • • • • Section 2. 'ftle City Co~.ncil hereby authorizes the M:lyor and the ex ofhcio City Clerk-Treasurer to sign and attest said ~it Claim Deed for and on behalf of the City of Ehglewood. Introduced, read in full, and passed on first reading on the 6th day of August, 1984. 1984. PUblished as a Bill for an Ordinance on the 8th day of August, Attest: EU:jene L. ot1s, Mayor ex officio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Ehglewod, Colorado, hereby certify that the above and foregoing is a true, accurate and cxmplete copy of a Bill for an Otdinance, introduced, read in full, and passed on first reading on the 6th day of August, 1984. Gary R. Hlgbee • I . - I' • • • • • Raeeption No Retorder. THIS DEED, !lade thio day of March Recorder'• Stunp 1884 • betw"n the City of Englewood, a llllnicJpal corporation xa.......,. duly oraanlsed and exiatina under and by virtue of the law• of the State of Colorado ,of the first part, and the City of Littleton, a aunicipal corporation xa---. duly orp.niaed and uiatina under and by virtue of the lawa of the State of Colorado .of the Mcond pert, whoeelo•aladdra••i• 22SS West Bury Avenue, Littleton CO 80165 Wf'r.tllllt88, nat the .. let,.,,,. of the: n_,. ,.,,, lbr and tn conaideratlon of the aum of T!ll DOLLARS AIID 110/100 ($10.00)--------------------------DOLLARS. to the Mid partr of the f1nt l*rt In ha.rul paM! by the aaid party of the aecond part, the recei pt whereof •• hereby eonfeued and -.cluMw....._., h.u reM._..,,......,.,.., aoW.. ron.,.yed and QUIT CLAIMED, and by theM pruenta doe:a rem iN , releaM, eelt, eonW"y a nd Q IT CLAIM unte the Nld party of the second part, ita succ=ea10n and ... , .... , fg rever, aU the richt, title, lnterelt, daim and dema nd whM'h ttM •.d pa.rt)' of the fint part h .. In and to the foll ow1nc ck-.rr1bed LOT ORPAR CEL OFLANO.,.tuaLe ,Jr•n•andb.elftl"lnthe Countyot Arapahoe and State of Colorado, to wn • (See Attached Exhibit "A" harto and aade a party hereof.) al.o known u atr.et and number TO HAVE AND TO HOLD the Nl'lle, t.Gpther with aU and alfli'Uiar the appurwnanNt and prh·U .... thereunto belonaina. or in anywiM thereunto appertainina, and all the ••ate, ript, title, tntereet and c:lai• whaUM .. r, of the aaid party of the fir•t part, either i n law or equity, to the onlr pro,.r UM , beMtit aM behalf el the ..W party of the eKOnd part, it. a~.~ttea10rs and ... lpa forever. IN WITNESS WII&UOP, The u id party of the fir1t part hu uuMd lt1 corporate name t.o be hereunt.o 1ubeeribed b)' ita Hay"r ...... and ill corporate Mal to be hereunt.oatftud, attft&ed llr it1 City Clerk -._the da)' and ,.a r tint abo•• written. Atw•.~·-------------------------------CITY OF EIICLIWOOO 81 Mayor -City Clerk SEAL STATE OF COLORADO, } ... -----County of Arapabge The fore10in11 in1trument wae ack.nowledpd before me thl1 da,of March It • by •• Mayor --.and City Clerk~ot the City of Englewood, Colorado , a 11unicipal corporation My e<~mmi111on uplre1 W1tne11 my hand and offlciaiNal. • I • - (' ,. • • • • EXHIBIT "A" A tract of land in the NW quarter of the SW quarter of Section 9, Township 5, Range 68 West of the 6th P.M., County of Arapahoe, described as follows: Commencing at a point ~9 J feet north of the SW corner of Section 9, thence north 89~59' edst a distance of 565.9 feet; thence north 0°8' east a distance oJ::l206.6 feet; thence north 2J010' east 238.2 feet to the point,. o.f ·beginning, which point is approximately 248 feet south of the . .,center line of Big Dry Creek; then north o• 5' west 608 feet to a point, said point being 287.7 feet south of the southerly line of the County road; thence south 89°55' west to the center line of the South Platte River; thence southerly along the center line of the South Platte River to a point from which the point of beginning bears north 89°55' east; thence north 89°55' east to the point of beginning being 4.1 acres, more or less. • I . - • • C 0 U N C I L DATE • • • C 0 M M U N I C A T I 0 N AGENDA ITEM 1 K SUBJECT SOUTH METRO FIRE TRAINING ACADEMY DEED CORRECTION INITIATED BY James Broman Fire Chief ACTION PROPOSED To pass an ordinance authorizing a quit claim deed to the City of Littleton for certain land pertaining to the South Metro Fire Training Academy, 2301 w. Chenango. BACKGROUND In 1975, certain land transactions were carried out to provide for the joint ownership of this property by the cities of Englewood and Littleton. Due to oversite, an incorrect legal description was used in this process. When the Bancroft Fire Protection District purchased a share of the acad- emy in 1981, this error was discovered. ACTION In order to correct this situation, the attorneys have agreed to execute a quit claim deed which returns Littleton's land to them and they will, in turn, issue a new and proper deed for the academy to all five juris- dictions. This is a legal formality only as, in practice, we are occupy- ing and using the correct property. • I • • - ( • • RESOLUTION oo.&l SERIES <F 1984 • • • A RESOLUTION REXX'M1FN:>It«; 'lliE DEVELOPHENr <F AN ~!TABLE FORMULA FOR 'lliE DISTRIB(Jl'ION <F OlDER AMERICANS ICr FU1DS 'lU 'lliE DDWER REGION. WHEREAS, Congress has authorized and appropriated fllllds for services to the elderly under the prov i sions of Title III of the Older Jmericans l!ct of 1965, As Jlnended; and WHEREAS, these Title III fllllds are allocated among states based upon the m.rnber of persons age 60 and over residing in the state; and WHEREAS, the federal regulations governing the Older Americans l!ct requires each state to designate Area Agencies on Aging and develop an allocation formula which distributes the fllllding and targets fllllding to socially and econanically needy older persons; and WHEREAS, the state has designated 15 Area Agencies on Aging with one Area Agency on Aging, the Denver leg ional Cotncil of Goverrrnents, responsible for serving 52% of the 60+ population and 14 other Area Agencies on Aging responsible for serving 48% of the population; and WHEREAS, Region III has one administrative structure serving eight counties to ensure maxirnun fllllding for direct services rather than administrative structures while three Area Agencies serve only one county and no other reg ion has more than six counti es; and WHEREAS, the total amount of available fllllds statewide is $6,228,444. Region III receives 40.7% of the available fllllds, wh i ch is $700,000 short of the amount this region should recei ve; and WHEREAS, i f Region III recei ved f llllding based upon i t s share of the state's 60+ populati on, DRCOG would receive $3 ,238,791 , lotl ich represents 52 % o f the fllllds a nd an i ncr e a se to Region III by $700 ,000; and WHEREAS, one region contains 2% of the State 's older popula- tion and receives an allocation of more than $40 per capita, and Region III contains 52\ of the population but receives the lowest per capita in the State, which is $12; and WHEREAS , thousands of older persons are unable to receive services each year due to limited fllllding to Reg i on III; and • I • • c • • • • WHEREAS, the state focnula for the distribution of Older .Americans Act funds is unfair and jeopardizes the region's ability to provide services to needy older persons. t«<ol, 'nfEREFORE, BE IT RESOLVED BY THE CITY ccmciL OF THE CITY <F ~DiOCI>, (l)L()IWX) that the City of EhgltNOOd supports the p:>sition of the Denver Regional 0>\Sleil of Ooverrnents to request the equitable distribution of Older llllericans Act funds to Region III. BE IT FUR'niER RESOLVED that the O>lorado Board of SOCial Services must adopt a formula which distributes Older Americans Act funds solely on the basis of the nl.lllber of persons age 60 and over in the region and that this formula should be effective Q::tober 1, 1984. AOOPI'ID All> APPROVID this 6th day of August, 1984. Eugene L. ot1s, Mayor Attest: ex officio 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 complete copy of Resolution No. , Series of 1984. Gary R. H19bee 2 • I • • - • RESOUJTION oo.d_~ SERIES CF 1984-- ,. • • • A RESOLUTION AMENDING 'mE WATER Em'ERPRISE FWD. WHERFAS, the City Comcil of the City of Englewood, Colorado, desires to make certain changes within the water E)'lterprise FUnd; and WHERFAS, preliminary estimates for Englewood's share of costs in the Littleton Railroad Depression Project {City Ditch relocation with the State Deparbnent of Highways totaled $437, 919; final estimates, as shown in the S\.Jpplemental Contract with the State Highways Deparbnent, are $494,016, leaving a balance due from City of $56,097; and WHERFAS, the final estimate of funds needed for oampletion of this Project could not made at the time of adoption of the budget; and WHERFAS, the Treasurer has certified that there is a sufficient cash surplus to meet the appropriations; and ~. 'lliEREFORE, BE IT RESOLVED BY THE CITY CI.:XJOCIL CF THE CITY CF DG..&KXX>, <X>LORAOO= AS ~S: Section 1. The following appropriation is hereby made in the water E)'lterpr ise E\md: Source of E\mds water Ehterpr ise E\1nd Estimated E\Jnd Balance U/31/84 Apero~iation of Funds Llttleton Railroad Depression Project {City Ditch relocation and reconstruction) $56,097 $484,232 $56,097 Section 2. The City Manager and Director of Finance are hereby authonzed to make the above changes to the 1984 bldget of the City of Englewood. AOOPI'ID m:> APPROVED this 6th day of August, 1984. Attest : aJgene L. 0t1s, Mayor ex offic1o City Clerk-Treasurer 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 canplete copy of Resolution tt:>. __ , Series of 1984 • • 1 I • • ( • • • • RESOLUTION N~.:/ cQ q Series of 19~4 ., A RESOLUTION APPROVING AN EASEMENT REQUIRED BY AGREEMENT. WHEREAS, on the 30th day of March, 1960, Kamphausen sold to the City of Englewood certain real property for McLellan Reservoir, and WHEREAS, pursuant to said agree111ent, the City was required to deliver an ease111ent to Ka•phausen after survey, and WHEREAS, all terms of the agree111ent have been fulfilled and it is now apropriate to deliver the ease•ent to Kalllphausen, NOW THEREFORE, BE IT RESOLVED by the City Council and the City of Englewood as follows: fo11 ows: SECTION 1: There is here approved the easement as GRANT OF ROADWAY EASEMENT THIS GRANT of a roadway easement (this "Grant") is made this day of , 1984, by THE CITY OF ENGLEWOOD ("GrantorT) whose address fs 3400 s. Elati, Englewood, CO 80110, in favor of DAN KAMPHAUSEN ("Grantee") whose address is 6822 State Highway 470, Littleton, CO 80125; The parties covenant and agree as follows: 1. Ease•ent Property. The "Easement Property• shall Mean the real property located fn the County of Douglas, State of Colorado, •ore particularly described on Exhibit A, consisting of one page, attached hereto and incorporated herein by reference. 2. Consideration. As consideration for this Grant, the Grantee's predecessors, pursuant to Agreement with Grantor, is entitled to access to Grantee's land and other good and valuable consideration, the receipt of which is hereby acknow-ledged by Grantor. 3. Grant of Roadway EaseMent. Grantor hereby grants to Grantee, its successors and assigns, a perpetual, nonexclusive easeMent over, under, across and through the Easement Property • 0 I • • - ( • • • • for the purpose of constructing, operating, maintaining, re- pairing, replacing, and removing an access roadway hereinafter defined. 4. Access. Grantee shall have the perpetual, nonexclusive rfght of ingress and egress in, to, over, through and across the Easement Property for any purpose necessary or desirable for the full enjoyment of the rights granted to Grantee under this Grant. 5. Ri~hts of Grantor. Grantor reserves the full right to the und stur6ed ownership, use, and occupancy of the Easement Property insofar as said ownership, use, and occupancy is consistent with and does not impair the rights granted to Grantee in this Grant. Grantor shall have the right to use the easement property for access to its property. Should additional construction be necessary for Grantor to use the easement for roadway purposes, Grantor shall pay for said construction. 6. Bindin~ Effect. This Grant shall extend to and be binding upon theefrs, personal representatives, successors and assigns of the respective parties hereto. The terms, covenants, agreements and conditions in this Grant shall be construed as covenants running with the land. IN WITNESS WHEREOF, the parties hereto have executed this Grant of Roadway Easement the day and year first above written. GRANTOR: CITY OF ENGLEWOOD By: __________________________ __ Attest: Ex Offfcfo Cfty Clerk/Treasurer • I • • • • • • STATE OF COLORADO ) )SS COUNTY OF _______ ) Acknowledged before me this 198 , by IS a nc-as ----------------- day of------ Notary Publfc My COMMission expires: _____ _ Address: ____________ _ SECTION 2: The Mayor of the City of Englewood and Ex Officio Cfty Clerk-Treasurer are authorized to affix their signatures for and on behalf of the City of Englewood. 1983. Adopted and Approved this day of------- Eugene [. Otfs, Mayor ATTEST: ex offfcfo Cfty 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 1983. Gary R. Hfgbee • \ I . - • • • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE AGENDA ITEM SUBJECT 8/2/84 10 Kamphausen Easement INITIATED BY Utilities ACTION PROPOSED Approval of an easement by Resolution to fulfill the terms of an agreement. In 1960, the City of Englewood purchased real property from the Kamphausens in connection with McLellan Reservoir. Part of the agreement was to provide access to the remaining Kamphausen property after the City's acquisition. The Kamphausens have built the bridge required. However, the agreement was never formally complete until the grant of an easement for access was given as required by the contract. The easement will accomplish this obligation of the City. The City Surveyor has reviewed the legal description. • :. \ I • - ~ '. ......... !:..: -~: .. ---.... ·,. .:....·s .. __ ... __ ?CEL /10 5o, 7oz.. z..,~'t • • • • € or Ce>U/'JTY' L.t NE ~ORD .11, l-~.5 -1 1 31,-412.~:? +'\."--. -- E ~Of:ID £RSC:M£Nl "l l. on .-,~-\1~~:.•4 ~~?.. ~-~ 7 7 , 1>50 ,84 ,.'>~40 1~1.'>1).!'>5"1 •: 13'7. ""~.'I ()lit') • .• > . .. .,.,.- '~ i ' -· .,;"" .. _ ,.; . . ,.; l•-.·04•oS) -. , . -.-. . / ,,.,..., ·.-~' .~...; """"" • -1 : 0 ) L£G,qL 1\t.<.lt.N!NG AI lltF NCl k lll•l ', uNL-(;UAH ll:.k !.lllWl.h t,r ·'A I' lolllll'll ALl O lilrK llrA~l:·•·~ rl:.l j, llli:.I'<(L S7 'J .II.'.'."t, AI ·I·A~I:.NI L CNILHLli<L ,.r 1 ' I IlL C ENH.~I I Nl:. 111:.~1:.1 II 1•1 .. Ht.l lu 1111:. 1'11 1~1 fJ r L•'': u 2 _0 , , t:.L 1 lliK•lULI I ,, '1:· :,AI O Clt HVI:. A UI S r~N• I u l ~IU'I'1'UU"I lo lii "I Ao<• I Ill IIIL l<lL .ltl , llo\VI~•· ~ I· t~l ''-~·uu". llii:.M.L Alv l•'· HIE I•O IN1 uf lANGLN \. '" I'U l N'l <1 N ltll:. I:.A. I Llo l ' I'" I j~ A I l'Al ,L II II. "'" '" ~ ll:.kHlN US Of ld[ (I:.NfL"•• NO lL : !IlL '""""''" ul Ill•• '· A lit L LvC A I I \1 ~lh 1 ..,1 " • ·, .. llll.lh rill 1\1. _ .. 7'>," ll ,•f'tA hUI.H. rL-~ I IUL r'. 'ol ~.t "''. • lltklll\ •Udlfl 1(, ,Mh 1 1 l\1 1 rt•~ l \ """~· MAl '' ~ •,a•l ~u•..t·l,\ 1 '1 At• u, h lJ vi ~ ,\"' '.I,. I L I l .. 1 kid• 1' h: tl·l\lJJ\1\ l ;._ }, ... t ~. Af .IJ IH ll.l Nl .It , I 11l '" 1\ ' ll'·l I I .11 . - • • • • C 0 U N C I l C 0 M M U N I C A T I 0 N DATE August 1, 1984 AGENDA ITEM &A IN IT I A TED BY r; t-u M~n~n<>r SUBJECT CO NCRETE REPLACEMENT PROG RAM 1984 , REVISED ACT I ON PROPOSED Award of construction contract for Concrete Replacement Program 1984 , Revised BA CKGROUND AND FINANCIAL The original Program was bid on Ju ly 9, 1984 and brought to Co uncil on J uly 16th, at which time Council awarded the RTD portion to Concrete Works of Colorado, Inc. and authorized u s to re-bid the City's portion of the program in order to avoid ( it being subject to union labor requirements as the RTD work is . Concrete Replace- ment Program 1984 , Revised was re-advertised and bids opened on Tuesday, July 31 . The following bids were rec eived: t • J. L. G. Cons truction Corp. Stackholm Development REM Construction , Inc. Concrete WOrks of Colorado, Inc . J & N Co n c r ete Dakolios Constru ction *B id rejected -No bid bond . $105,622 .00 64,550 .50 56 ,936.50 53,914.50* 46,186.95 38 ,4 73 .55 The engineer 's estimate was S46 ,3 00 . The budget for the project is S50 ,000 . RECOMMENDATION The low bid by Dakolios Construction is well within our budget, and we would recommend the award of the contract to th~s firm. This is a well-established company and is highly recommended by others for whom they have done similar work. In view of the very favorable construction prices, we would also like for Co uncil to authorize us to add additional concrete repairs in areas of City responsibility , thus utilizing this years budget to our best advantage . Rl</lo • I • • -• • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DAT E August 1, 1984 AGENDA I TEM SUBJEC T MALLEY PA RKIN G LOT #3 ~B INITIATED BY City Manager ACT I ON PROPOSED Award of construction contract for Malley Parking Lot #3 (concrete improvements l BACKGROUND Malley Parking Lot #3 is located at the no~thwest corner of Girard Avenue and Sherman Street. over the past many months, the necessary preparations (demoli- tion of structures, clearing and grubbing , City Ditch piping , etc.) have been completed and the site is now ready for the installation of the necessary con- ( c rete improvements c o nsisting of retaining wall , c urb , gutter and sidewalk. t ( • The project wa s advertised and bids opened on J uly 30th . Bids were received as follows: P latte Valley Group, Inc. Neatline Structures, Inc . J. L. G . Canst. Corp. Penner Building Systems, Inc. The engineer 's estimate was $40,700. FINAN CIAL $73 ,883.1 5 65 ,860.00 ~ Funds for Malley Parking Lot .#3 are available and are comprised of funds from the following sources: 1) 1982 HUD Community Develo~nent Block Grant, 2) contribution from the Englewood Centennial/Bi-Centennial Commission, and 3) matching grant from the City to the Englewood Centennial/Bi -Centennial contri- bution. Although the low bid of $49,380 is somewhat higher than our engineer's estimate , we feel that we have received good bids, and the additional cost can best be attributed to Davis/Bacon wage requirements associated with the block grant funds. RECOMMENDATION we would recommend that this contract be awarded to the low bidder , Penner Build- ing Systems in the amount of $49 ,380. This company is long-established and has the c apability of fulfilling our contract requirements. RK/lo • I • • c • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE 7 /30/84 AGENDA ITEM ~~ SUBJECT SIX-QUARTER BUDGET JULY, 1984 THROUGH DEC ., 1985 INITIATED BY ~c~i~t~v~Haan~a~g~e~r~---------------------------------------------- ACT I ON PROPOSED Con s ideration of adopting a resolution for the Six-Quarter Budget -July, 1 9 84 through December , 1985 BACKGROUND The Public Improvement Fund (PIF) Six-Quarter Budget process was adopted in the summer of 1973. The essence of the Six-Quarter Budget is that the City has a continuing budget which e xtends one-and-one-half years into the future. Every quarter, the City Council reviews and analyzes this budget , and if projects are delayed due to unavoidable circumstances, they are dropped back in this budget , while projects ready to go are moved forward. The most current revenue forecast are used, and if additional funds become available , specific projects could be moved forward and completed ahead of schedule or a new or emergency project could be added. 1984 CHANGES Pumper Inventory received $20 ,000 in the 3rd quarter from the PIF balance to purchase capital equipment for pumper inventory in the Fire Department . This item was approved last quarter, but was not appropriated by resolution until this 3rd quarter per Council 's direction at last years budget retreat. Special Project Engineer is .a minimum two-year temporary position. This engineer will he lp on various PIF projects to allow our regular staff to spend more time on the Downtown Redevelopment public improvements. $16,525 is budgeted in the third quarter for the remainder of 1984. The funds will come from the PIF bal- ance as appropriated by Resolution *26 of 1984. Feasibility--Court , City Hall, & Library is an architectural study to a ssess the implications of remodeling the Po l ice/Fire Complex to include the Municipal Court. Also, it will explore conceptual floor p lans for a new library and city hall bu~lding within the Downtown Redevelopment area. The third quarter reflects $4 0 ,000 for this study from the PIF balance. (Copy of contract attached.) • • I • • t c • • • -2- 1985 CHANGES Downtown Improvements--project to continue efforts of improving the public property in the Downtown Redevelopment area was funded $205,000 in the fourth quarter in accordance with the five-year plan of the 1984 budget. Facility Improvements was funded $100,000 in the fourth quarter as approved in the five-year plan of the 1984 budget. This project was set up to address major reha- bilitation and repairs of City-owned buildings. PIF BALANCE REC OMMENDATION as of 6/30/84 less Special Projects Engr . less Feasibilty--Court, City Hall, Library New PIF balance $ 57,000 -16,525 -40,000 $ 475 The resolution which adjusts the Public Improvement Fund as described above is attached for your consideration. SUGGESTED ACTION: MOVED BY ______________ _ (~COND _____________________________ __ YES NO ____________ ~~BSENT ________________ _ • • I • • 1- • c • • RESOLUTION NO. SERIES OF 1984 jo • • • A RESOLUTION AMENDING THE PUBLIC IMPROVEMENT FUND. WHEREAS, the City Council of the City of Englewood, Colorado, desires to make certain changes within the Public Improvement Fund; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Englewood, Colorado, as follows: Section 1. The following estimated revenues and appropriations of funds are hereby made in the Public Improvement Fund: Source of Funds: Fund Balance Total Application of Funds: Pumper Inventory Feasibil ity Study for Mun ici pal Court, Library, and City Hall Buildings Total $ 60,000 $ 60,000 ========== $ 20,000 40,000 $ 60,000 ========== Section 2. The City Manager and Director of Finance are hereby author1zed to make the above changes to the 1984 budget of the C i ty of Englewood. ADOPTED AND APPROVED this day of -------------------' 1984. ATTEST: Eugene L. Ot1s, Mayor 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. H1gbee I • • n ( DIV .!!£.._ 1. 01 Storm Drainage General 2. 16 Little Dry CreeK 3. 18 4. 2 4 5. 15 6. 31 7. 70 8. 88 9. 37 1 0. 78 11. 72 12. 85 13. 95 14. 94 15. 34 1 &. 92 17. 91 18. 02 19. 21 20. 14 21. 89 22. 84 23. 85 2 4. 93 25 . 53 26. 28 27. 28. 29. 30. 31. Downtown Drainage & Traffic Improvements Traffic Imprvamts-Broadway Little Dry Creek Engrg. Road and Br1dge Ri ver Development Phase II River Development Phase III S1dewalk Repair Plato! Range Aniaal Control Shelter NW Fence Relocation Housing Rehabilitation Recreation Center Bridge Repair EDDA Walkthru-wes t side Urban Renewa l Auth. Projects Clay Street Drainage Future Paving Districts Little Dry Creek-Detn. Pond Malley Park1ng Lot 13 Kouae Moving Proqraa Broadva y Facade EURA Adrun. Budget Hampden /Santa Fe Landacap1ng Pav1ng District 130 Pumper Inventory Special Project-Engineer Fa ci lity laprove•ent.a Fb1ty Sty-HC, L>b,CH B1dq Downtown I•provementa GRAND TOTAL • EST PROJ ~ 415,000 6, 300,000 180,000 135,000 1. 016,000 625,000 721,300 1,100.000 120,000 32,000 33,000 2,000 200,000 4, 7 4 3,000 60,000 120,000 3, 500,000 3,500 7,000 1, 846,000 263,000 104,750 100,000 111,899 100,000 400,000 20,000 17,000 100,000 40,000 205,000 APPRO ~ 414,421 1, 362 ,943 150,000 135,000 796, 150 604,2 4 2 395,850 1,100,986 111.500 30,000 33,000 2,000 200,000 4, 663,000 60,000 115,000 2,924,470 3,400 6,000 1,845,614 263,000 104,750 100,000 111,899 100,000 35,000 0 16,525 0 0 0 • • • SIX QUARTER BUDGET July, 1984 -December, 1985 EXP 8AL ~ 407,889 1,340,860 20,677 1,816 793,456 308, 156 358,936 1,097,316 31,728 4 31,000 0 0 4,186,545 0 86,675 3, 214,937 2,930 1,134 1,748,616 161,855 170,772 28,328 0 0 0 0 0 0 0 0 PROJ 3RD 8AL QTR 06/30(84 1984 6, 532 22 ,083 129,323 133,184 2,694 296 ,086 36,914 3,670 79,772 29,996 2,000 2,000 100,000 4 76,455 60,000 28,325 (290,467) 470 4,866 96,998 101,145 (66,022) 71,672 111,899 1-00,000 35,000 0 16,525 0 0 0 0 2 45,000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 20,000 0 0 40,000 0 4TH QTR ~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 100,000 0 0 0 0 0 TOTAL APPRO ~ 0 1, 495,000 0 0 0 306,652 0 0 50 ,000 0 0 0 100,000 12,000 0 0 0 0 0 0 0 0 0 111.899 100,000 35,000 20,000 16,525 0 1ST QTR ~ 0 540,000 2ND QTR ~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 365,000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 40,000 0 ----------- -----------------------------------------------------------------------------$22,620,449 $15,684,750$14,093,630 $1,591,120 $ 305,000 $ 100,000 $2,287,076 $ 540,000 $ 365,000 --········ ··-······· -----------------· ·-----------·-···· ---···· • 3RD QTR ~ 0 0 0 0 0 285,000 0 0 50,000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 4TH QTR ~ 100,004 I 205,001 0 $ 305,00• • ( ...... ~ GJlANT snu.n sum,., OFh'\'U COLOaAOO 1010 ~ • 10 July 1984 Mr. Andy McCown City Manager City of Englewood 3400 South Elati Englewood, Colorado 80110 Reference: City of Englewood New City Hall -Library Police -Fire Complex Dear Mr. McCown, • • • :\II< :IIAU. B\BBEB t'lt••ll--l•• .... , ....... ,, .... ,"''" AHCIIITECTLJRE The following is a proposal to provide an Architectural Feasibility Report for the above referenced facilities. The Scope of Services is organized into three basic phases. PURPOSE OF STUDY The purpose of this study will be to evaluate, in a step by step approach, the various options open to the City of Englewood for meeting the facilities requirements associated with New City Hall -Library, and Police -Fire functions. Based upon a thorough analysis of the existing facilities, current and projected requirements, site utilization , architectural op- portunities, and cost and schedule implications, a recommendation will be made for a coordinated facilities Master Plan. The development of the master plan will be reviewed at critical stages by the City Manager, and affected City Departments. A recommended master plan will be presented for review to the l!uglewood ~· ba:: Re::e11al 1Jt11t!llerit~ a1ul City Council. It is envisioned that the final report would provide all of the necessary background information needed for a public awareness program and the evaluation of alternative financing approaches. SCOPE OF SERVICE Phase I -Program Evaluation and Concept Development The purpose of this phase of work will be to develop, analyze and coordinate facility requirements, and based upon such requirements, prepare architectural concept solutions. Step 1: Police -Fire Complex Facilities Concept The alternatives for relocating the Municipal Court, Police Storage and Prosecuting Attorney to the existing Police -Fire Complex will be identified and evaluated. The projected space requirements of the existing and relocated functions will be examined to determine lf there is a need to expund the existing Police -Fire Complex • • I • - • Mr. Andy McCown 10 July 1984 Page 2 • • • It is understood that Fire Administration will be relocated to the new City Hall facility and that Fire Operations will remain at the present Police -Fire Complex. The space vacated by Fil'e Administration will be evaluated with respect to reutilization. Conceptual floor plans of the alternatives will be developed and analyzed on the basis of function, program requirements, construction cost and schedule. The conclusion of this portion of the study will recommend the best approach to the relocation of these functions and the future utilization of the Police -Fire Complex. Step 2: New City Hall Facilities Concept The new City Hall Space Utilization Study, dated 1 February 1984 , will be analyzed and updated to accurately reflect the current and projected space utilization needs. Based upon the space utilization study, an architectural program will be developed. This program will address the basic issues which are pertinent to the undertaking and evaluating of design studies for the new City Hall and will include the development of adjacency diagrams, a review and prioritization of the functional elements, and an analysis of centralized uses such as cashiering, permitting, storage, files, reception, conferencing, etc. Alternative conceptual floor plans and models will be developed for review. The Architect will recommend and present the scheme which best fulfills the requirements of the program in the form of conceptual floor plans, and a model. Step 3: New IJbrary Facilities Concept The New Library Space Utilization Study, currently being developed by others, will be reviewed and analyzed. Based upon the review, basic issues which are pertinent to the undertaking and evaluating of design concepts for the New Library will be identified. This will include adjacency diagrams, review and prioritization of functional elements, implications of a combined City Hall -Library facility, and fundamental organizing considerations such as; public access, service, centralized uses, security, acoustical control, etc. Alternative conceptual floor . plans and models will be developed for presentation and critique. The Architect will recommend and present the scheme which best fulfills the requirements of the program in the form of conceptual floor plans and a model . • I • - ( • • • • Mr. Andy McCown 10 July 1984 Page 3 Phase 0 -Site Utilization -Facilities Master Plan Based upon criteria set forth in Phase I and the objectives of the Downtown Redevelopment Plan , a Site Utilization -Facilities Master Plan will be developed. The constraints, opportunities and characteristics of the site will be coordinated with the requirements and design of the new proposed facilities. The program and feasibility studies of the new City Hall and Library will be translated into conceptual architectural plans which will address the relationship of the "parts" to each other, and the utilization of the site. Alternate master plans will be developed and analyzed based upon the design criteria. Drawings and models of the alternative approaches will be presented for review and discussion. The final recommended master plan will be presented to the Englewood Urban Renewal Authority and City Council. Phase m -Final Report This report will s ummarize the previous phases of work and wi!J include recommendations , supporting information and graphics necessary to present the project to the public and for the evaluation of financing options. The contents will include: I. Summary of Facility Requirements 2. Summary of Ma s ter Plan Objectives 3. Site Utilization -Master Plan 4 . Conceptual Floor Plans 5. Outl ine Specification 6. Building Code and Zon ing Revi e w 7. Phasi ng Schedule B. Cos t Es timate 9. Rende r i ng and/or Mod e l Depict ing Concept COMPENSATION Compensation will be based upon hourly rates for the actual time spent. T he t otal cost for this work wi!J not exceed the cost identified for each phase. Each phase is authorized to proceed when initialed and dated in the right margin. Current Hourly Rates for Architectural Servi ces Principal Associate Principal Senior Associate Associate Senior Technician Technician $75.00 $55.00 $50.00 $45.00 $35.00 $30.00 • I • • - • • Mr. Andy McCown 10 July 1984 Page 4 • • • Phase I -Program Evaluation -Concept Development Step 1 Step 2 Step 3 Police -Fire Complex New City Hall Library Facility $ 5,000 $ 7,500 $ 7,500 Phase D -Site Utilization -Facilities Master Plan Phase ID -Final Report Not To Exceed Maximum Reimbursable Expenses $20,000 $15,000 $ 5,000 $40,000 l : i - Reimbursable expenses are in addition to the compensation identified above and include actual expenditures made by the Architect and the Architect's employees and consultants in the interest of the project. All Expenses shall be billed to the Owner at 1.0 times the amounts expended by the Architect, the Architect's employees and consultants in the interest of the project. Subject to the performance of the Architect, it is the mutual intention that this agreement will be extended to a full service architectural agreement if the project proceeds. However , it is fully understood by the Architect that any such extensions or additional agreements will be subject to City Council approval. I look forward to the opportunity to work with the City of Englewood and participate in its development. If the foregoing meets with your approval, please sign below. Sincerely, ~~~1./ Michael Barber AndY Me wn " City Manager City of Englewood cc: Gary Diede Densel Ragland • I • • • • • • TO: Peter Vargas, FROM: James Broman, Fire DATE: August 2, 1984 SUBJECT: Pumper Inventory Purchase Proposal With the additio n of $20,000.00 to our capital equipment budget, I would propose the following purchase schedule. I have attached a copy of the department inventory first pre- sented in 1982. I have highlighted those categories from which we intend to purchase. They are as follows: ms enc . • Nozzles, S.C.B.A. (air masks) and other equipment for the new pumper. (This equipment is not included in the bid.) -$7,500.00 • One vehicle radio for the new pumper -$1,5 00 .00 • Additiona l wa r n i n g lights for the sno r k e l -$1,000 .00 • Replacement fire hose -$10 ,0 00 .00 I • • • • • AVERAGE AN NUAL COST BREAKDOWN FIRE DEPARTMENT CAPITAL EQUIPMENT PUMPER E~UIPMENT :i7SOO -·--NUMBER EXPECTED ITEM COST/UNrry: OF UNITS LIFE COST ll!ozdu ~ 4 1'7oo.ool 6 8 $ 3 ,525.00 Adapters 1,800.00 6 16 6 7 5.00 Appliances 4,000.00 6 8 3 ,000 .00 l~.s;;.~.6. !) 1000 • i:j~~ 6 8 :;,750.00 Ladders 1,100.00 6 16 400.00 Tools 500.00 6 1 2 250.00 Extinguisher 1,500 .00 6 8 1,125.00 Rope 200.00 6 4 300.00 Elec t r i cal 2,400.00 6 8 1,800.00 Ge n era l 700.00 6 8 525.00 Med i cal 600 .00 6 4 900.00 $16,250.00 SNORKEL EgUIPHENT Ladders 3,500 .00 12 300.00 Tool P. ~ Equip. 12,000 .00 1 2 1,000 .00 $ 1,300 .00 - RESCUE/MEDICAL E~UIPMENT L if eP ak Mon i to r 6,000 .00 3 4 4,500.00 0 2 /Suc t i o n 400 .00 3 4 300 .00 Prams 800.00 3 4 600 .0 0 Misc. 500.00 3 4 375.00 $5,775.00 COMMUNICATION EQUIPMENT Jl1,500 Base Radio 6,000.00 2 8 1,500.00 Station Radios 1:000.00 4 8 500.00 !Vehicle Radios 1 5oo,o01 20 8 3,750.00 Portable Radio a 1,500.0 0 20 8 3,750.00 Medical Rdios 8,000.00 3 8 3,000.00 Pagers 350.00 25 8 11100.00 I $13,600.00 • • -1- • - . ' • • • • AVERAGE ANNUAL COST BREAKDOWN FIRE DEPARTMENT ITEM COST/UNIT WARNING Es;IUIPMENT l\1000 Li9ht Bars 800.00 §EroSe t!nitt 3Dg,ggj 888 Li9hts 300.00 Sirena 500.00 Air Horns 200.00 Opticom Units 200.00 HOSE ~ 10,00() ~-Inch D lio. ~Iii 2-1/2 Inch 400.(0 1-121 Inch 31!0. OOI CAPITAL EQUIPMENT NUMBER EXPECTED OF UNITS LIFE 1 3 12 1 3 1 3 1 3 1 3 60 60 60 8 8 8 8 8 8 8 1 2 8 OFFICE/STATION FURNITURE AND Es;IUHMENT File a 200.00 18 16 Desk a 250.00 14 '2 Chairs/Furniture 200.00 30 • Carpet 9,750.00 750 aq . yeS . • Beds 300.00 60 12 Stove a/Oven a 400.00 4 8 Refri9eratora 500.00 6 8 Diahwaahera 200.00 4 8 Diapoaals 100.00 4 8 Audio/Visual Equip. -Slide Projector 375.00 2 8 -Movie Projector 600.00 8 ·:· .. levision 400.00 1 8 -Video Recorders 500.00 4 8 -Video Camera 2,000.00 1 8 Typewriters 800.00 7 8 • COST 1,300.00 450.00 500.00 800.00 325.00 325.00 $3,700.00 6,000.00 2,000.00 2,250.00 $10,250.00 225.00 300.00 750.00 1,200.00 1,500.00 200.00 375.00 100.00 50.00 90.00 130.00 50.00 250.00 250.00 700.00 $6,170.00 I • • • • • c 0 u N c I I C 0 M M U N I C A T I 0 N {' L.. DATE AGENDA ITEM SUBJECT Transfer of Funds from Ge n eral August 2, 1984 gD Fund to Urb a n Ren ewal Autho rity for Prop- o ~h • < ~ < ~< ·- INITIATED BY Assist act Cit:!! Haoage:r: fo:r: Eccccm:i c Del[e l cpmec t ACTION PROPOSED Transfer 2f fuods f::tcm GeDe:t:al Enod to llJ:baD BeDewal Autbc:cit~ f2I 2I2R~It~ a~g~1~1ti2Do BACKGROUND: In order for Englewood Parkway to be constructed, it is necessary that the Englewood Urban Renewal Authority purchase over 10,400 square feet of property that First Inter- state Bank of En glewood owns south of their building. The property is nresentlv com- ( mitted to assigned ~arking for tenants of the bank b~. Through this acquisition by the Englewood Urban Renewal Authority, the bank will lose over 50 parking spaces. The Bank has been very cooperative with the staff in addressing the problem created by the Englewood Parkway construction. A solution to the Parkin2 Problem would be for the Urban Renewal Authoritv to purchas e the parkin g lot north of First I nt erstate Bank, which is presently owned by KRAVCO, and then leasing it to First Interst:are tlamt -fOr tenant parking. The appraised value of the 31,460 square foot parking lot is $157,300 ($5/square foot). The Urban Renewal Authority never intended to purchase this property initially, so the price t o purchase it was not included in the bond issue. Therefore, the Urban Renewal Authority, through Resolution #37, Series of 1984, is requesting that the City Council transfer $157,300 from the General Fund balance to the Urban Renewal Authority to purchase the property. RECOMMENDATION: It is recommended that the City Council approve the Resolution transferring $157,300 to the Englewood Urban Renewal Authority for the purchase of the 31,460 square foot property owned by KRAVCO. I • • • ( • RESOLUTION NO. SERIES OF I984 ~I • • • A RESOLUTION AMENDING THE 1984 GENERAL FUND BUDGET TO TRANSFER FUNDS TO THE URBAN RENEWAL AUTHORITY FOR LAND ACQUISITION NECESSARY FOR IMPLEMENTATION OF THE DOWNTOWN REDEVELOPMENT PLAN. WHEREAS. the City Council of the City of Englewood has approved a 1984 General Fund Budget; and WHEREAS. the implementation of the Englewood Downtown Redevelopment Plan has become a top priority; and WHEREAS. the acquisition of a parcel of property north of and adjacent to West Floyd Avenue between South Bannock Street and South Cherokee Street by the Urban Renewal Authority is deemed necessary for implementation of the Redevelop- ment Plan; and WHEREAS. the Urban Renewal Authority has passed a resolution requesting City Council to transfer funds to it for the acquisition of said property; and WHEREAS. the City Treasurer has certified that there is a sufficient cash supply to meet the a9,propri~tion contained within this resolution. a/lt.uuJA, ~~~~ tf?Jn...L...J. 1"~~ ~ UvJJ.~ NOW. THEREFORE. BE IT RESOLVED BY·~rrT'v-CoUN~L Ot Tlfi: CITY OF t""' ENGLEWOOD. COLORADO, as follows: ~ ~ Section 1. t-t The following appropriation is hereby made in the General Fund: Source of Funds General Fund Balance Appropriation of Funds Urban Renewal Authority (Land Acquisition Fund) $157.300.00 $157 ,300.00 1} ~t tl { ~ ~ r- I • - ( • ( • ATTEST: • • • -2- Section 2. The City Manager and Director o f Finance are hereby authorized to make the ab ove change to the 1984 budget of th e City of Englewood. ADOPTED AND APPROVED THIS -----day of ---------• 1984. Hay or ex-officio City Clerk-Treasurer r. 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 • • ( • RESOLUTION NO . 37 Series of 1984 • • • CITY OF ENGLEWOOD, COLORADO URBAN RENEWAL AUTH ORITY A RESOLUTION OF THE URBAN RENBvAL AUTHORITY REQUESTIN G CITY COUNCIL TO TRANSFER MONIES FRO~! THE GEN:CRAL FUND TO THE URBAN RENE\vAL AUTHORITY FOR THE ACQUISITION OF THE PROPERTY ADJACENT TO AND NORTH OF WEST FLOYD AVE- NUE AND BETWEEN SOUTH BANNOCK STREET AND SOUTH CHEROKEE STREET IN THE 3200 BLOCK. WHEREAS, the Urban Renewal Authority and the City of Englewood have adopted a Downtown Re dev elopment Plan (Urban Renewal Plan); and WHEREAS, City Council has indicated that the Urban Renewal Au- thority should have primary responsibility for implementation of the Downtown Redevelopment Plan (Urban Renewal Plan); and WHEREAS, the acquisition of the property on West Floyd Avenue (more fully described in the title to this resolution) has been deemed necessary for implementation of the Downtown Redevelopment Plan (Urban Renewal Plan); and WHEREAS, the owner of the aforementioned property has indicated a willingness to sell this property at fair market value to the Urban Re- newal Authority. NOW, THEREFORE, BE IT RESOLVED by the City of Englewood Urban Re- newal Authority as follows: Section 1. Th Englewood Urban Renewal Authority requests the Engle Council to transfer funds, in the amount of $157,300.00, City General Fund to the Urban Renewal Authority for the tion of the property on West Floyd Avenue. APPROVED AND ADOPTED this __ l;:.s.;;,.t.::__ day of August ATTEST: '\ Susan Powers Executive Secretary • od City fro the acquisi- • 1984. I • • • - • • -2- Motion by: Melvin Minnick Seconded by: James Tot ton Voting in Favor: Ruth Cole, Melvin Minnick, Lawrence Novicky, Jame s Totton Voting in Opp osition: __ N~o~n~e--------------------------------------------------- Members Absent: Robert J. Voth, John Neal, Susan VanDyke Members Abstaining: __ N_'o~n~e---------------------------------------------------- I • • • •