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Home My WebLink About1983-05-16 (Regular) Meeting Agenda.· City Council Meeting -Regular_ May 16, 1983 • • - ., ciTY crmcn. M::EriNG May 16, 19&3 REOOWI'ICN I 73, ¥. (s. j/. 27 ORDIWNa: #/.19, 20, 21, 22 • • • • 0 0 • I . • • ( 7:30P.M. 1 • ~ 2. • • - AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MAY 16, 1983 C•ll (o~o<, lo•o o •<l oo by R•~•• <looo, Englewood United Methodist Church, 3885 South Broadway, pledge of allegiance by Boy Sc out Troop 19~~ roll c all. (._o ·-~ - Minutes. (a) Minutes of the regular meeting of May 2, 1983. (Cop i es enclosed.) Pre -Scheduled Visitors. (Please limit your pre- sentation to 10 minutes.) Other Vi •i tors. to 5 a i nutes.) (Plea•e liait your pre•entation 4. Pub lic: H a r i ng. Co a auni atlon• -No Action Re o a aen d e d. (•) o the Plannina and Zoning Co a a1••1on of April 5, 1983. (Copie• enc:lo•ed.) (b) Mlnutee of the Urban Rene wal Authority aeetin of April , 1983 . (Copie• nclo•ed .) ( ) L tter froa a a aber of the Pla n nln and Zonin Coaal••lon r o th Mayor on e r ni n a h r a - ( cl) t ndan~e at the Aa erl an Plan n i n & A••o lation Con ren e in Sea t le. (Co pi • e n loeed .) eorandua froa th Dlr a nt to th City Ka na r a t a AP A Conf r n ln (Copt a n lotad.) t or of Co a au n 1 y rnin her a la , Wa ahin • I • • • ( • • - Page 2 May 16, 1983 Agenda 6. Communications -Action Recommended. Council Communication from the Planning and Zoning Commission concerning an amendment to the Comprehensive Zoning Ordinance by adding a new section, 22.4 D, landscaping regulations. (Copies enclosed.) Council Communication from the Planning and Zoning Commission concerning an amendment to the Comprehensive Zoning Ordinance repealing Section 22.4-12 as B-3 and reenacting Section 22.4-12 as B-DD, Business Downtown Development, District. (Copies enclosed.) Council Communication froa the Planning and Zoning Commission concerning amendments of the Coaprehensive Zoning Map rezoning a portion of the B-1 area to B-DD District. (Copies enclosed.) Attorney. Ordinance on Final Reading • (a) Ordinance providing for the licensing of general and special contractors, electrical contractors, registrations, and plumbing c ontractors regia- trations, and establishing fees, therefor, by aaending the Engl wo od Muni cipal Code, 1969, aa amended, aaendin Articlea 1 and 11, and by addin Article Ill to Chapter 3 , Title IX. (Copies enclosed.) Billa for Ordinancea. (b) Bill aa nd1n8 Arti 1 5, Chapter 9, Section 5, of the !nalevood Hunt ipal Code of 1969, aa aa nded, to provide for optional penaion plan for cer atn aployeea. (Copiea ncloaed.) (c) Bill approvina an aareeaent with the outheaat Metropolitan oard of Cooperative Servi ea for H die Catalo in and Proeeaain&• (Copiea encloaed.) ltll approvin an ear • nt vi h Urban Draine e and Flood Control !or iaprov aentt on Little Dry Cr k ln h City o n levood. (Copiet en lot d.) • • • ( • • • Page 3 May 16, 1983 Agenda 7. City Attorney (Continued). (e) Bill approving a contract with the State of Colorado, Department of Natural Resources, Colorado Water Conservation Board, providing for the reconstruction of the Union Avenue, Diversion Pump Station and granting an ease- ment. (Copies enclosed.) Resolution. (f) Resolution providing for Notice of Sale of Special Assessment Bonds for Paving District No. 29, in the principal amount of $349,100. (Copies enclosed.) Proclamation. ~~~g) Proclamation proclaiming May 22-28, 1983 as LJ1rf _ Public Works Week. (Copies enclosed.) Other Matters. (h) Order of Dismissal Rocky Mountain Acquisitions v. City of Englewood. (Copies enclosed.) (1) Attorney's Choice .~.J.C;·J..o.w ~ 8. City Manag r. (a) Council Coaaunication froa the City Manager oncerning the Six-Quarter Budget for the period April, 1983 through Septeaber, 19 4. (Copies enclosed.) (b) Coun 11 Coaaunication roa the Directors of Public Works and Finan e con erning a bid (c) award for an aerial bucket van in the Capi tal tquipa nt Replac aent und. (Copiel enclo•ed.) Coun il Co aaunl atton froa th Wastevs er Treataent Plant cone rn1n the Centrifu a !roa the tat of v ork . (Copies en loled.) Coun il Coaaun1 atton froa he Director of Co aaunlty D v lopa nt on ern1n th ontra t vi h 0 sian Workshop, ln • (Copt s en losad.) Mane r'a Choi s :o o • I • • • • • I . • • • ,. • Moved Seconded Ayes Nay Absent Abstain Hiqdav Neal Fl tzoatrick Weist Bi lo Bradshaw Otis Ca_UM b: ~ ~· ~~ U ~ s~ Jutrrr -uq 2_ ~~ I . • • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlgday ,... NeaT v Fl tzoatrick /,./' Weist v Bi lo ,.....- Bradshaw ,..- Otis v- I • • • • • • • /a-. (~ I . • • - ROLL CALL Moved Seconded Ayes Nay Absent Abstain Higday Neal Fltzoatrick Weist Bi lo Bradshaw I Otis I \ • • • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Higday Neal Fl tzpat rick Wei s t Bi lo Bradshaw Otis I . • • • ---• • -- ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlgday Neal Fitzpatrick Weist Bi lo Bradshaw Otis I • • • • • ....... • • -- ROLL CALL Moved Seconded Ayes Nay Absent Abstain '" Higday I {.../' Neal 7 Fl tzpatrick I Weist Bi lo v Bradshaw Otis \ ---..;;: - ) • • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain ., Hlgday T Neal I Fitzoatrick I Weist 7 v Bi lo I .,... Bradshaw I Otis I \ ) • • • • • • • - ROLL CALL Moved Seconded Ayes Nay Absent Abstain HIQdav Neal Fltzoatrick Weist Ri lo Bradshaw Otis I • • • • • ----------p;lul~rr ~ ~~ J,~?. ~aJ) ~ ) • • • • • - ROLL CALL Moved Seconded Ayes Nay Absent Abstain Higday Neal Fi tzoatrick Weist Bi lo Bradshaw Ot is \ , • • • • • ROLL CALL ) • • • • Moved Seco d n ed Ayes Nay lladav Absent Abstain T 1 -Neal I.--Fl tznatrick -Weist 1..- ~ y Bi lo L-I Bradshaw Otis - l ) I • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Migday - Neal -Fl tzoatrick Weist -Bi lo -Bradshaw -Otis - • • I • • • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain """RYgaav Neal Fitzpatrick Weist Bi lo Bradshaw Oti s • • I . • • • • • • ROLL CALL Moved Seconded Ayes Nay Absent .'I Abstain Hlgday I -NeaT I Fl tzoatrick I Weist -Bi lo Bradshaw Otis \ ~ ~r P<f) J ~ e--A- a -J~ rB -DD • • • • • Moved Seconded Ayes Nay A se b nt Abstain =l j .l .1 - .!!.~'!1. j j - j ~ J Nea..! . k -Flt~atnc Weist I - ~ r--t-...l!.ilo~ Bradshaw r- r-- l Otis j l _J I • • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain -Hiaaay \ Neal I .--Fltz~atrick I Weist 7 Bi lo I ---Bradshaw 1/ Otis II "". I • • • • • ROLL CALL M d ove s d d econ e A f'.~S N ay Ab sent Ab sta1n Hiqday I Neal j_ ~ Fl tzoatrick I Weist I Bi lo /.,? Bradshaw Otis \ "' I • • • ROLL CALL • • • '. Abstain Absent Nay , • • • ROll CAll Moved Seconded Ayes Nay Absent AbstaIn -mQifav Neal y Fltzoatrick Weist ,..... Ri lo Bradsh- Otis • • • • ROLL CALL Moved Seconded Ar.es Nay Absent Abstain .'\ Hlgday \ Neal --, Fitzpatrick I Weist I Bi lo I Bradshaw Otis I . • - • • ROLL CALL Moved Seconded A yes Nay Absent Abstain Hiadav Neal Fi tzoatrick Weist Bi lo Bradshaw Otis • • • - • • ROLL CALL Moved Second d e Ayes Na y Absent Abstain -HIQdav I Neal ...... Fltzoatrick - Weist 17 Bi to -Bradshaw - Otis I ) I . • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain " Hlgday Neal I Fi tzoat rIck I Weist T Bi lo Bradshaw 1 Otis ' • • • • ROLL CALL d Seconded Ayes Nay Absent Move Abstain .....-111 qCiay Neal ---Fl tzoatrick Weist Bi lo Bradshaw Otis 7/J - , I . • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlgday Neal Fl tzoatrick Weist Bi lo l Bradshaw -Otis I • • I • • • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Higday \ v Neal I v Fi tzoatrick I Weist I Bi lo Bradshaw Otis \ 1b • • • • • • • ROLL CALL Moved Seconded Aye~ Nay Absent Abstain HiQCiav Neal I Fltzoatrlck j_ Weist I ,... Bi lo I .,.--Bradshaw ( Otis \ ""'- • • • • ROLL CALL Moved Seconded Aye s Nay Absent Abstai n .... Higday \ Neal T ---Fitzpatrick I Weist I ........ Bi lo I Bradshaw I Otis \ \ ld , • • • • --- • ... • ROLL CALL Moved Seconded Ayes Nay Absent Abstain -p Hlqday \ Neal I Fitzpatrick Weist 7 ·v-Bi lo I Bradshaw I Otis I \ • • • • • • Absent Abstain Ay~s Nay =t Seconded J Moved -"IJl.'l_av J -1--Nea ~ Fl tzpatrick Weist I r-8i lo j Bradshaw 1 Otis r I . • • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain ....... li_fgCiay \ Neal J -..........-Fl tzpatrlck I Weist 7 ;;;;.;;;--Bl lo I Bradshaw 7 Otis I "' I • • • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain -, Higday I Neal I l---Fl tzoatrick I Weist I Bi lo T ,_ Bradshaw I Otis \ • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hiqday Neal Fltzoatrick Weist Bi lo Bradshaw Otis ;L.~ I . • • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain lgday Neal Fl tz_Qatrick Weist Bi lo Bradshaw Otis I . • • • • ROLL CAll Moved Seconded Ayes Nay Absent Abstain HIQdav l Neal I Fi tzoatrick I Weist I ~ Bi lo I -Bradshaw Otis \ "---.. • I • • • • • • ROLL CALL Seconded Ayes Nay Absent Abstain H1goay Neal Fl tzoatrick Weist Bi lo Bradshaw Otis 1-!3 I • • • , . • ROLL CALL Moved Seconded Ayes Nay Absent Abstai n -"'\. Hlqday I r:_ Neal 7 ~ Fl tzpatrick I Weist 7 B i le I Bradshaw r7 Otis • I . • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain HIQday Neal Fitzoatrick Weist Bi lo Bradshaw Otis I • • • • ROLL CALL Moved Seconded Ayes Nay Absent "" Abstain Higday 1 ~ Neal I Fl tzoatrick I Weist 7 -)/ Bi lo I Bradshaw \ Otis "' I • • • • • • ROLL CALL Moved Seconded Ayes Na y Absent Abs t ain Hlgday Neal Fitzpatrick Weist Bi lo Bradshaw Otis t I . . • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abst I a n Hiqdav Neal Fl tzoatrick Weist Bi lo Bradshaw Otis I . • • - • • ROLL CALL Moved Seconded Aye\ Nay Absent Abstain Hlgday J Neal I .,...-Fltzoatrick I Weist I Bi lo --Bradshaw r Otis I ~ • I • • - • • ROLL CALL Moved Seconded Aye s Nay Absent Abstain Hiqday Neal Fi tzoatrick Wei s t Bi lo Bradshaw Oti s A~ll (]JL, ~ ~ :1 ~~ ~ (3 CFJ ~ ~ (3 --- • • I . • • • Moved Seco d d n e Ayes Nay Absent Abstain r= IR"i<iOav Neal T 1 Fltzoatrick Weist Bi lo Bradshaw I Otis I I l ----- ~· -----------------------· UJ V)l fJ tU0 --- I . • • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlqelav Neal Fl tzoatrick Weist £.,..---' Bi lo 1/ Bradshaw Otis I . • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Higday Neal Fl tzoatrick Weist Bi lo Bradshaw Otis • REGULAR MEETING: • • - COUNCIL CH AMBERS City of Englewood, Colorado May 2, 1983 /CL The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on May 2 , 1983, at 7:30 p.m. Mayor Otis, presiding, called the meeting to order. The invocation was given by Bishop Nolen, Church of Jesus Christ of Latter-Day Saints, Englewood Ward. The pledge of allegi- ance by Boy Scout Troop f9 2 . Mayor Otis asked for roll call. Upon a call of the roll, the following were present: Council Memb ers Higday, Nea l , Fitzpatrick, Weist, Bilo, Bradshaw, Otis. Absent: None. The May or declared a quorum present. * * • • • • • Also present were: Ci y Manager McCo wn Ci y A torney DeWitt Assistant City Manager Director of Wastewater Vargas Treatment Owen Deputy City Clerk Watkins • * • • * • • COUNCIL MEMBER BRADSHAW MOVED TO APPROVE THE MINUTE S OF THE REGULAR MEETING 0 APRIL 4, 19 3. Council Member Fitzpa rick seconded the motion. Upon a call of h roll, the vot resul ed as follows: Ay s: Council M era Higday, N al, f'i zpatrlck, We is , ilo, Bradshaw, 0 is. Nays: Non e. The Mayor d clu d carri d. * • * * • * * • I • • ....... May 2, 1983 Page 2 • • • COUNCIL MEMBER FITZPATRICK MOVED TO APPROVE THE MINUTE S OF THE REGULAR MEETING OF APRIL 18, 1983. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * * COUNCIL MEMBER BRADSHAW MOVED TO APPROVE THE PROCLAMATION DECLARING MAY 9 -15, 1983, AS •sALVATION ARMY WEEK•. Council Mem- ber Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Nea l , Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion c arried. Lt. Neil Ti~pson representing the Salvatio n Army was present and accepted the pro clamation . • • • • • * * COUNCIL MEMBER HIGDAY MOVED TO RECONSIDER THE MOT IO N APPROVING THE MINUTE S OF THE REGULAR MEETING OF APRIL 18, 198 3 . Council Member Fitzpatri c k seco nded the mo ion . Upon a call of the roll, the vote result ed as follows: Ayes: Nay s: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, 0 ls. None. The May or d clared the mo ion carr! d. Council M mber Hlgday not d a correction on pag e 9, first paragr ph. Mr. Higd ay a ated his nay vo e was on th original mo- tion no the motion o reconsider. COUNCIL MEMB R HIGDAY MOVED TO APPROVE THE MI NUTE S AS CO RRECTED. Council M mb r Fitzpatrick seconded th mo ion . Upon a call of the roll, he vote reaul d aa follo ws: • I • • ' • May 2, 1983 Page 3 Ayes: Nays: • • • Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * * Bill Taggart of McLaughlin Water Engineers was present and discussed the award of contract for Little Dry Creek Detention Pond. Mr. Taggart stated the low bidder was Palisade Construction whose bid was $1,589,648.75. Mr. Taggart stated the bid was lower than the engineer's estimate of $2,026,450.00. Mr. Taggart recom- mended accepting the bid from Palisade. Mr. Taggart and associate engineer, Mike Loosey, presented a rendering of the detention pond. COUNCIL MEMBER HIGDAY MOVED TO BRING FORWARD AGENDA ITEM 8(B), THE COUNCIL COMMUNICATION CONCERNING THE BID AWARD. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Weist, Silo, Bradshaw, Otis. None. The Mayor declared the motion carried. COUNCIL MEMBER HIGDAY MOVED TO AWARD THE BID FOR LITTLE DRY CREEK DETENTION POND TO PALISADE CONSTRUCTION IN THE AMOUNT OF $1,589,648.75. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: be a time • Ayes: Nays: The Mayor d Mr. Taggart Council Members Higday, N al, Fitzpatrick, w is , Bilo, Bradshaw, Otis. clared th mo ion carried . d he cons ruction o h pr as box separate bid at a er da •• * * * * • • • Mayor Otis .. ked 1! ther wer e any oth r vial ora a • ould his I • • • May 2, 1983 Page 4 ,. • • • John Burnett, 2910 South Delaware, was present on behalf of Englewood Jaycees. Mr. Burnett invited Council to attend a •Mayor's Night• on May 24, 1983, at 7:00 p.m. in the Englewood Hi gh School Cafeteria. Mr. Burnett stated invitations have been t o 2 00 registered voters to attend this meet i ng and the subject would con- cern youth in Englewood. Council accepted the invitation. * * * * * * Bob Brundage, 4140 South Huron, was present on behalf of Citizens for Englewood Community Center. Mr. Brundage thanked Council for the moral and financ i al support. Mr. Brundage ex - pressed his disappointment that the land was n o t pur c hased yet. City Manager Mc Cown s ta te d p u r c h ase neg o tiatio n s were still ongoing with Beatr ic e Food s , a nd p u rc h ase would not be li k ely before the election. Council Member Hi gd a y stated h is res p o n se to a letter concerning the commun i ty ce n te r p roject would a p pear in this week 's Englewood Sent i nel. Council Member Neal s tated t h e site o wned by Beatrice Food s would be the l o cation of the comm unity center if the voters approv e the c on s t r u ction. we r e: * * * * * * * •c ommun ications -No ~ction Recommended • on the agenda (a) (b) (c) (d) (e) Minutes of the Board of ~djustment and ~ppeals meeting of March 9, 1983. Minutes of the Parks and Recreation Co ission meeting of March 10, 1983. Minu es of the Board of Car er Servic Com- mission regul r meting of March 17, and special meeting of M rch 24, 1983. Minutes of the Englewood Down own D velopmen ~uthori y m e inga of March 21, March 28 , and ~prll 13, 1983. Mlnut s of mae in o h Englewood Public Library Board April 12, 19 3 • I • • May 2, 1983 Page 5 (f) (g) (h) ( i) • • • Memorandum from the Employee Relations Director to the City Manager concerning his attendance at the National Public Employer Labor Relations Conference held March 20-25, 1983 in San An- tonio, Texas. Memorandum from Mayor Otis, Mayor Pro Tern Brad- shaw and Council Member Fitzpatrick concerning their attendance at the NLC Congress and Ex- position in Los Angeles, November 27 -December 2, 1982. Memorandum from Mayor Pro Tern Bradshaw concern- ing her attendance at the NLC Congressional- City Conference in Washington, D.C., March 5-8, 1983. Municipal Court Activity Repor t for the First Quarter of 1983. COUNCIL MEMBER NEAL MOVED TO ACCEPT •coMMUNICATION S -NO ACTION RECOMMENDED•, AGENDA ITEMS S(A) -S(I). Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * • • * • City Manager McCown presented a Council Communication from th Water and Sewer Board cone rning a license agreement for an area light on City property as r qu sted by Dr. Ohlson. Mr. McCown repor d no gat has been constructed aa previously thought. Mr. McCown a a ed he Bo rd reco nda approval. COU CIL MEMBER ITZPATRICK MOV 0 TO APPROV TH LICENSE AGR£ MENT POR AN AREA LIGHT 0 CITY PROP RTY PER OR. OHLSON'S R- QU ST. Council Member Higd y seconded h o ion. Upon a call of the roll, h vote reaul d aa follows: Ayea: Council M ebera Higday, al, 1 tpa rick, w 1a , ll o , 8 ad ah w, 0 la • • I • • May 2, 1983 Page 6 Nays: None. • • • The Mayor declared the motion carried. ORDINANCE NO. 17 SERIES OF 1983 * * * * BY AUTHORITY * * * COUNCIL BILL NO. 19 INTRODUCED BY COUNCIL MEMBER BILO AN ORDINANCE APPROVING AN AGREEMENT WITH SCHOOL DISTRICT NO. 1, ARAPAHOE COUNTY, COLORADO, GRANTING CITY OF ENGLEWOOD, COLORADO, AN EASEMENT TO USE SCHOOL PROPERTY FOR A STORM WATER DETENTION AREA AND ESTABLISHING OTHER RELATED TERMS AND CONDITIONS, AND REPEALING ORDINANCE NO. 21, SERIES OF 1982. COUNCIL MEMBER BILO MOVED TO PASS COUNCIL BILL NO. 19, SERIES OF 1983, ON FINAL READING. Council Member Higday seconded the motion. Council Member Bradshaw stated she would abstain from voting because of her employment with the school district. Upon a call of the roll, the vote resu l ted as fol l ow s : Ayes: Nays: Abs t ain: Council Members Higday, Neal, Fitzpatri c k, Weist, Bilo, Otis. None. Council Member Bradshaw. Th e May o r d ec lar e d the mot i on c arr i ed. Co un cil Me mbe r Bllo c oamen ded the City Attorney for his efforts in preparing the agreement . ORDI NAN C! NO. S!RI!S 0 1983 * * * * BY AUT HORITY A BILL POR * • * * COU NCIL BILL NO. 9 I NTRODUCED BY COU NCIL MEMBER FITZPATRICK I • • • May 2, 1983 Page 7 • • • AN ORDINANCE PROVIDING FOR THE LICENSING OF GENERAL AND SPECIAL CONTRACTORS, ELECTRICAL CONTRACTORS' REGISTRATIONS, AND PLUMBING CONTRACTORS' REGISTRATIONS, AND ESTABLISHING FEES THEREFOR BY AMENDING THE ENGLEWOOD MUNICIPAL CODE 1969, AS AMENDED, AMENDING ARTICLES I AND II AND BY ADDING ARTICLE III TO CHAPTER 3, TITLE IX. COUNCIL MEMBER FITZPATRICK MOVED TO PASS COUNCIL BILL NO. 9, SERIES OF 1983, ON FIRST READING. Council Member Higday sec- onded the motion. COUNCIL MEMBER NEAL MOVED TO AMEND THE MOTION BY CHANGING THE FEE IN 9-3-28 FROM $100 TO $50; AND BY CHANGING THE FEE IN 9-3-38 FROM $100 TO $50. Council Member Weist seconded the motion. Council Member Bilo asked Chief Building Inspector Gary Pittman to come forward and address the amendment. Mr. Pittman stated the change of fees to $50 would ade- quately cover the costs. Council Member Bilo asked if the revocation clause applied to other municipalities. Mr. Pittman stated the clause revokes the right to work in Englewood only. Council Member Bradshaw opposed the coun cil bill. She stated it did not solve the problem of dealing with a part i cular individual. Upon a call of the roll, the vote on the amendment resulted as follows: Ayes: Nay s : Counci l Memb e r s Higday, Nea l , F it zpatr ic k, Weis t , S il o, Otis . Council Member Br adsha w. The Mayor declared the motion carried . Upon a call of th roll , the vot resulted as follo ws: Ayes: Na y s: Council Members Higday , Neal , Fitz p atrick , Weist , Silo , Otis . Co un cil M mb er Sr dsha w. Th e Ma y or declared the motion carried • • • • • • • • • I • May 2, 1983 Page 8 RESOLUTION NO. SERIES OF 1983 • • • A RESOLUTION AFFIRMING CHAPTER 4, TITLE I, ARTICLE III, OF THE ENGLEWOOD MUNICIPAL CODE PROVIDING FOR COUNCIL DISTRICTS WITHIN THE CITY OF ENGLEWOOD, COLORADO. COUNCIL MEMBER BILO MOVED TO TABLE THE RESOLUTION. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. RESOLUTION NO. 22 SERIES OF 1983 * * * * * * * A RESOLUTION ACCEPTING THE RESIGNATION OF THOMAS V. HOLLAND, ASSISTANT CITY ATTORNEY COUNCIL MEMBER FITZPATRICK MOVED TO PASS RESOLUTION NO. 22, SERIES OF 1983, WITH REGRET. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council M mbers Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carri d. Mayor Otis stat d a lett r accepting the resignation with regret would be s nt to Mr. Holland. * * * * * * * COUNCIL MEMBER FITZPATRICK MOVED TO APPROVE THE PROCLAMA - TION DECLARING THE MONTH OP MAY AS •sENIOR CENTER AND OLDER AMERI - CAN S MONTH•. Council Me ber Bradshaw econded the motion. Upon a call of he roll, the vote resulted as follows: Aye s: Council M mb ra Higday, N 1, Pit~patrick, I • May 2, 1983 Page 9 Nays: • • • Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried • • • • • • • • COUNCIL MEMBER WEIST MOVED TO APPROVE THE PROCLAMATION DE - CLARING THE WEEK OF MAY 8 THROUGH MAY 14, 1983, AS •sMALL BUSINESS WEEK•. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the mot i on c arried • • • • • * • • City Attorney DeW i tt transmitted the Senate Comm i ttee of Reference Report from the Committee on Health, Environment, We lfare and Institutions concerning H.B. 1243. Mr. DeWitt requested a letter of thanks be sent to Representative Martha Ezzard for her help in amending the dr i nking water quality control standards • • * • • • • • City Attorney DeWitt reported the Mc Laugh l in case ha s been settled. Mr. Mc Laugh lin p l ead e d gu i lty a nd ha s b e en pla ced on pro- bation. • • • • * • • City Atto r ney De Witt discussed t h e Stipulation For Dismis- s a l i n the matter of Rocky Mountain Acquisitions, Inc. on the basis they have agreed to move out by Dec mber 31 , 1983. COU NCIL MEMBER BRADSH AW MOVED TO APPROV THE STIPULATIO FO R DIS MISSAL I N THE MATTER OF ROCKY MOU NTAI N ACQUISITIONS, t C. Council Member Higday seconded the motion . Upon a call of he roll, the vote r sulted as follo ws: Ayes: Nays: Council Members Higday , Neal, Fi zpatrick, W ist, Bilo, Bradsha w, Otis. None. • I • May 2, 1983 Page 10 .. • • - The Mayor declared the motion carried. Council Member Higday stated accolades go to the City Attorney as a result of this case. City Attorney DeWitt thanked Council for their courage and support in pursuing the removal of the business from Englewood. * * * * * * * City Attorney DeWitt discussed a matter in municipal court involving the constitutionality of an individual and a municipality wherein personnel history records have been requested. Mr. DeWitt stated the defense is asking for a police officer's file. COUNCIL MEMBER FITZPATRICK MOVED TO DIRECT THE CITY ATTORNEY TO APPEAL THE MATTER TO DISTRICT COURT. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. Nays: None. The Mayor declared the motion carried. * * * * * * * City Attorney DeWitt stated in connection with Tom Holland 's resignation he would be submitting a resolution concern- ing additional assistance in the City Attorney's office for legal services. * * * * * * * City Manag r McCo wn pr sented a Council Communication from the Director of Engin ering Services concerning the a war d of con- tract for Down own Redevelopment area surveying. Mr. McCown ata ed the base survey would be us d in providing information to help pro- spective developers. Mr. McCown r comm nded awarding th con rae to the low bidd r Western States Surveying in the amount of $21,860. Mr. McCo wn further recomm nded appropri ting the moni in the nex aix quarter budget for wh ich reimbursement would b made through he ax incremen bonds. Densel Ragland, Engine ring Services D part n , ap ared before Council. Ma. Ragland provld d informa ion to auppor W s ern S a ea p r orming he work. • • May 2, 1983 Page 11 • • • COUNCIL MEMBER HIGDAY MOVED TO AWARD THE CONTRACT FOR DOWNTOWN REDEVELOPMENT AREA SURVEYING TO WESTERN STATES FOR A MAXI- MUM COST OF $21,860. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * * COUNCIL MEMBER BRADSHAW MOVE ~T~E NEXT AGENDA ITEMS 8(C), 8(D), AND 8(E)(OUT OF ORDER)AS SUGGESTED BY DIRECTOR OF WASTEWATER TREATMENT OWEN. Council Member Higday seconded the mo- tion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fit zpatrick, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Dire ctor of Wastewater Treatment OWen came forward and presented the four-phase construction plan for the Bi-City wastewater Treatment Plant. Director Owen stated the plan calls for full utilization of the plant to meet actual needs. Director Owen and City Manager McCo wn discussed the re- quest from the City of Littleton to participate in additional wastewater treatment capacity . Mr. McCo wn stated he wa s in general agreement with the City of Littl ton, and more information would be available in approximately two months. COUNCIL MEMBER HIGDAY MOVED THE POUR-PHASE CONSTRUCTION PLAN BE ADOPT D INTO THE 201 FACILITY PLANNING EFFORTS FOR THE BI- CITY WASTEWATER TREATMENT PLANT, AND FURTHER TRAT CITY STAPP REVIEW PLANNING EFFORTS AT MINIMUM ON A 3-YEAR, REPETITIVE BASIS TO EN- SURE IT MEETS TH CITY'S NEED IN THE MOST COST-EFFECTIVE MANNER. Council Member Bradshaw conded the motion. Upon a call of the roll, the vote resulted as follows: Ayea: aysa Council Member s Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. I • • May 2, 1983 Page 12 • • • The Mayor declared the motion carried. * * * * * * * Director Owen discussed implementing earlier than sche- duled Phase II of the construction plan for solids handling which requires the addition of new centrifuges. Director Owen explained there would be O&M cost savings associated with implementing the program on an accelerated schedule. COUNCIL MEMBER HIGDAY MOVED TO APPROVE THE FAST-TRACK SCHEDULE FOR SOLIDS HANDLING. Council Member Fitzpatrick seconded the motion. Upon call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * * Director Owen discussed a recommendation to submit a bid for surplus centrifuges that the City of New York has offered for sale. Director Owen recommended submitting a bid for four pieces of equipment by May 10, 1983. The equipment was inspected by both he and Ivan Cooper of HDR. Director Owen stated even though the equipment would require some reconditioning from being stored over the last two years, the equipment appears to be in excellent shape. The centrifuge manufacturer has agreed to recondition the equipment with warantee for which a price has been quoted. Council did not discuss the dollar amount acknowledging the confidentiality and competitiveness of submitting this bid. COUNCIL MEMBER NEAL MOVED TO AUTHORIZE THE WASTEWATER TREATMENT PLANT TO SUBMIT A BID PER TH DETAILED MOTION GIVEN IN AGENDA ITEM 8(C). Council M mber Fitzpatrick second d the motion. Upon a call of the roll, th vote re ulted as follows: Ayes: Council Members Hlgday, Neal, P'ltzpatrlck, W 1st, Bilo, Bradshaw, Otis. Nays: None. The Mayor declared the mo ion carried. * • * • * • • I • • May 2, 1983 Page 13 • • • COUNCIL MEMBER NEAL MOVED TO DIRECT THE CITY MANAGER TO COMMUNICATE TO LITTLETON THAT WE ARE IN GENERAL CONCURRENCE WITH THE CONCEPT OF SELLING ADDITIONAL WASTEWATER TREATMENT CAPACITY AND WE PRESUME THAT SOME AMENABLE ARRANGEMENT CAN BE MADE. Council Member Higday seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * * City Manager McCown transmitted the 1982 annual financial report. Mr. McCown reported the City was in good financial condi- tion and ended 1982 with a surplus of monies in the operating funds. Mr. McCown stated the Water and Sewer Funds would still be monitored. Mr. McCown commended the efforts of City staff to cut back expenses. * * * * * * * COUNCIL MEMBER BRADSHAW MOVED TO PROCLAIM THE WEEK OF MAY 8-14, 1983, •HoSPITAL WEEK•. Council Member Silo seconded the •otion. Upon a call of the roll, the vote resulted as follows: Ayes: Nay s: Council Members Higday, Neal, Fitzpatri c k, Weist, Bilo, Bradshaw, Otis. Non e . The Mayor declared the motion carried. * * * * * * * Council M mber N al requested an executive session follow - ing the public meeting. * * * * * * * Council Me mber Bradsha w instruc ed staff to send a le ter to the citizens who spo ke at the public hearing on the adult book sto r e r elay ing what has happ ned wi h the Rocky un ain Acquisi - lo n s , Inc . case. • I • • • • May 2, 1983 Page 14 Council Member Higday suggested news coverage would suffice. • • • • • • • There was no further business discussed. COUNCIL MEMBER HIGDAY MOVED TO ADJOURN. Mayor Otis adjourned the meeting without a vote at 9:30 P·•· I . • • • CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION APRIL 5, 1983 I. CALL TO ORDER. 5 A The regular meeting of the City Planning and Zoning Commission was called to order at 7:00P.M. by Chairman Milton E. Senti. Members present: Senti, Stoel, Venard, Barbre, Becker, Carson Powers, Ex-officio Members absent: Tanguma, Allen, McBrayer Also present: Assistant City Attorney Thomas V. Holland D. A. Romans, Assistant Director for Planning Susan T. King, Senior Planner II. APPROVAL OF MINUTES. March 22, 1983 Chairman Senti stated that the Minutes of March 22, 1983, were to be con- sidered for approval. Carson moved: Stoel seconded: The Minutes of March 22, 1983, be approved as written. AYES: Stoel, Becker, Garson, Senti NAYS: None ABSTAIN: Venard, Barbre ABSENT: Tanguma, Allen, Mc Brayer The motion carri d. lii. COMPREHENSIVE ZONING ORDINANCE B-DD District 122.4-12 CAS E #9-83 Mr. S nti not d that the Public H arin on this aatt r had b n continu d !rom Karch 22, 1983. H aaked 1! the ataff had further information th y wanted to pr • nt to the eo .. iaaion? vi tin of Karch 22nd, th ataff r - de by aeabera of the Comaieeion and o conaid rio om of th ieau a that w re rata d, n aad proposed r aulatione for th B-DD Dia- tin a 7:05 P. M. nd cook hia plac w1 h • I • • • .. • -3- Mr. Senti asked if there were further comments or questions from the Com- mission. It was noted that there was no audience present. Carson moved: Barbre seconded: The Public Hearing on Case #9-83 be closed. AYES: Tanguma, Venard, Barbre, Becker, Carson, Senti, Stoel NAYS: None ABSENT: Allen, McBrayer The motion carried. Mrs. Becker asked if a special motion was needed to incorporate the change in floor-to-floor height and the statem~lt on uses that are not included as per- mitted into the proposed regulations, or could the Commission recommend it with the suggested changes to be incorporated by staff prior to submission to City Council? It was the cons~sus that the proposed regulations could be recommended with the changes suggested to be incorporated by the staff. Becker moved: Carson seconded: The Planning Commission recommend the amendment of th e Comprehensive Zoning Ordinance by repealing §22 .4-12, B-3, Business, and by adding in place thereof a new 112.4-12, B-DD, Business-Downtown Development District regulations. Mrs. Romans suggested that the "catch-all" statement be worded "Any similar l awful use which, in th opinion of the Commission, would be consistent with th general purpos of this district and with the Downtown Redevleopment Plan." Th vote wa s called : AYES: NAYS: ABS ENT: Venard, Barbre , Beck e r, Carson, S~ti, St o 1, Tanguma on Al l n, McBr a y e r Th mo tio n ca rried. IV . CASE 18-83 Buaineaa B cker 80Ved: Barbr a cond d: Th Public Hearing on Caa I -83 b op ed. AY S: AYS: ABS T: Barbr , B k r, carson , S nti, Sto 1, Tanguaa, V o n All , McBrayer ard Th .otion carri d. r ord th public notic a it l, and C rtifi 1 o Poa in h downtown ar aivi n n ic 0 • pp ar d in for all 42 th publi I • • • '. • -2- classification s " rather than a specific use as permitted uses in the B-DD Dist r ict. Mrs . Roma n s s tated that another issue raised at the meeting of March 22nd was the height of a story or floor-to-floor in multi-story buildings , when an archit ect suggested that the proposed 12.5 feet was insufficient. The staff has done further research and would recommend that the floor-to-floor distance be increased to 13-1/2 feet , which would bring th e total overall height to 190 feet . Mrs . Romans noted that the same number of s t o ries -- 14 maximum --would remain, but by adding the additional fo o t pe r floor the total overall height would be increased. Mrs . Romans stated that she believed th is covered the major po ints raised at the mee ting of March 22nd , and that unless the Commission had further questions th staff had no additional comments. Mr . Stoel asked abou t the shadow ing of the hi gh-rise buildin gs ; what effect would the inc r eased height h ave? Mrs. Ro mans stated that tho se buildings t o he south of West Floyd Avenue would have to set back an additional 15 fe et from the property lin e ; the 45° "tent" would still apply to those structures. Mrs. Romans pointed out that mechanical e quipme nt atop r oofs is not counted in height restrictions. Mrs . Becker asked if the change in floor-to-floor height would apply to de- velopment in the Commo ns and the Periphery as well as the Ce nt er? Mrs. Romans stated that four stor ies had been co n sidered as th maximum h ight in the Commons; this would add o nly n other six feet o the total height of the structures permitted in thi s area. Ms. Po wers questioned the increase of h ight and th r sultant sh dows that might b c r ated long the Ma ll inasmuch as u setback Is not r quir d in th s Sh su g ted th m ximum height In th Co mmons nd the Periph ry i pr s ntly proposed. ut question d consid this bout th buildin bulk; Mrs. Romans st t d th t • point d accep abl the Ordin nc n nd tor con-I • • • .. Mrs. Becker asked if the purpose of th is hearing was t o apply the B-DD Di s- tric t regulations to a specific area of the Downtown? Mrs. Romans stated that this is the purpose of the Hearing. It was noted that there wa s no audience present for this Hearing. Becker moved: Tanguma secon ded : The Public Hearing be closed. AYES: Barbre , Becker, Carson, Steel, Senti, Ta nguma, Venard NAYS : No n e ABSENT: McBrayer, Allen The motion carried . Becker moved : Carson s econded : Th e Planning Commissi on recommend that the Comprehensive Zoning Map b e amended by rezoning the following area from B-1, Business, to B-DD District: That portion of the sou thwes t quarter of Section 34, Township 4 South , Range 68 West, and the north half of Section 3 , Township 5 South, Range 68 West of the 6th P. M., of the City of Englewood, Arapahoe County, Colorado, described as follows: Beginning at the Southeast corner of th Southwest quarter of said Section 34, said point also being th centerlin of South Broadway and Hampden Av ; thenc w st along the cent r- line of West Hampden Av to th c nterlin of th alley east of South Acoma Str th nee north along the said cen te rlin of the c nterline of th t; thenc a point on th xt nded outh Subdivision, S cond Filin ; th nee of id Lot 14 and Lot 14 of W st rly I . • • .. -5- The vote on the motion was called: AYES: Becker, Carson, Stoel, Senti, Tanguma, Ve nard, Barbre NAYS: None ABSENT: McBrayer, Allen The motion carried. V. COMPREHENSIVE ZONING ORDINANCE Landscaping Regulations, §22.4D CASE #8-82 Becker moved: Carson seconded: The Public Hearing on Case 08 -82 be opened. AYES: Carson, Stoel, Senti, Tanguma, Venard, Barbre, Becker NAYS: None ABSENT: McBrayer, Allen The motion carried. Mrs. Romans stated that the staff has a full presentation prepared if the Commission would like to hear it; this proposed ordinance has been reviewed with the Commission on several previous occasions, and if it is the deter- mination of the Commission, only minor changes that have been made will be pointed out. It was noted that there was no audience present for this Hearing. Mr. Senti suggested that only the c hanges be pointed out and discussed. tt I • • • - -6- On Page 6, (5), the B-DD was eliminated from this section. Mrs . Romans noted that Page 7 of the proposed regulations, §d(J)(c) requires a street tree every 20 linear feet; it is suggested that this ratio be in- creased to one street tree per every 40 linear feet . Mr. Stoel inquired if Page 3 (d) should not be amended by eliminating the Downtown Redevelopment District from this section, inasmuch as it is pro- posed to be added under §(b) of the same page. It was agreed that this change should be made. Mr. Holland stated that he recalled the Commission wanted further clarifica- tion on the proposed Landscape and Fine Art Fund. Mrs. Romans stated that this was correct, and cited changes that have been proposed in this section of the proposed regulations. Mrs. Becker stated that she also recalled the suggestion wa s made that this fund be administered by the Parks and Recre- ation Department. Mrs. Romans stated that this has been discussed with Parks & Recr ation Director Romans. Mr. Holland stated that the administration of th Fund would be better addressed in some other place than in the pro- posed landsca ping regulations. Nrs. Romans entered into the record a co py of the public notice of the Public Hearing. Mr. V n rd stated that he had problems accepting the concept of the Art Fund and suggested possibly modifying this paragraph to allow the property owner to us the sugges ted 1% of the value of th construction for art work in his stablishment if he so chose . Mr. Venard question d r quirin a prop rty own r to d po it this money into a fund that he c nnot con trol, and felt that possibly th purchase of th art work would ti fy the requir m nt. ~rs . B ck r stat d that she f It th funds hould minis er d by th City. Sh f lt this would b a d 1 with th matt r, nd point d out that if art wor by an individual, th buaines could b sold and r nov work r ov d or chan ed. a fund ad- nsist nt ay to to b purchas d nd th art r. T nguaa stated that if th prop rty own r ah uld r novat prop rty, h would still hav to comply with the 1% factor to purchase art of ao typ This art w rk would go lth prop rty wh n it is sold. Any n w own r uld hav to r ply with th r quir .. nts, also. • ( • • • -7- Mr. Senti asked if there were further comments? He noted that this matter has been discussed at considerable length on several pervious occasions; this was the solution that we arrived at, and he feels it is the best solu-tion. Tanguma moved: Stoel seconded: The Public Hearing be closed . AYES: Stoel, Senti, Tanguma, Venard, Barbre, Becker, Carson NAYS: None ABSENT: McBrayer, Venard The motion carried. Mr. Stoel asked what the procedure is now; is this proposed amendment to the Comprehensive Zoning Ordinance to be recommended to City Council? Mr. Senti stated that the Commission would make a recommendation to City Council. Stoel moved: Becker seconded: The Planning Commission recommend to City Council that the proposed amendment to the Comprehensive Zoning Ordinance I22.4D, Landscaping Regulations, including modifications suggested by the staff at this meeting, be approved. Mr. Carson stated that he would vote in opposition to this motion; he does not believe developers coming into the City should be burdened with these regulations, and further it does not apply to all zone districts. Mrs. Becker stated that she is saddened because the proposed regulations do not apply to single-family dwelling units, but would vote in favor of the proposed regulations. She felt this is needed, and would @ive "teeth" to landscaping r quirements that the staff is attempting to nforce. Mr. Stoel s tated that he understood Mr. Carson and Mrs. Becker's concerns, but pointed out th t ther ar v ry few sites that could be d velop d for sinal -family units, and he could not s e that this was a critical point. H stat d that he f lt som on trying t o build a home should not be burd n d with m eting specific r quir nts. Th vote on the motion was call d: AYES: Senti, Sto 1, Tanauaa, Barbr AYS: V nard, C non ABS Bray r, All The 110tion carried. VI. PUBLIC UH. It w a not tha th r a• n 1udt Vlt, • II t1 nd t 0 11 • 8 ker pr t. n ia vor in 11\18 would in ttl - t I . • • • -8- the District Court, and the case before the Federal Court, Mr. Holland stated that he could not elaborate on the terms of settlement, but felt they would be favorable to the City, Mr. Holland sta t ed that the case on the Water Tower is proceeding in the Supreme Court; briefs on this case are due on April 21st, Mr. Holland stated that he did not anticipate a decision on this matter before another year and commented that it could be longer before a decision is rendered, VIII . DIRECTOR 'S CHOICE. Ms. Powers stated that she had reviewed progress of the Commission over the last year , and was pleased to see how many of the "goals" established by the Commission had been completed or were underway. She noted that it really did focus the work program to have deadlines set on the proj cts, also. Progress on the brochure was discussed. Ms. Pow rs stat d that she under- stood that the City Council was concerned that it might appear the City was endo rsing a particular business or agency if the pocket for advert! ing was included ; also, the inclusion of the pocket would have b en approxtmo ely $5,000 over and above the projected cost of $21,000. Beck r ask~d if a di claim r had been considered for inclusion wit h th "po o.~:" . Pow r stated that sh did not know if this had been considered. M • Powers stated that the recommended Condomini Conversion Ordinance was tr ns itt d to City Council . There had been som discussion at th Depart- m nt H d staff m ting, and concerns wer rais d about sp cific elem nts of th proposed ordinanc • Ms. Powers stated that she, also, h d some concerns on som of th provision of th proposed Ordinance, and th t sh had pr - pard a report to th City Manager covering som of these con ems. Ms. Pow rs stat d that th City Council indic ted a willingn ss to sit down with th Commission in tudy s saion to discuss th cone rna with th proposed Ordinanc . M . Pow rs then sddr s d aom of th ap cific concerns, among them th m tt r of th $500 application fe , of which $250 would be r funded if th application wa not approv d. Ms. Power noted that it is not th policy to r fund ny application fe or any portion of n application f if th application ia d ni d; thi is not done on r zoning, ubdivision or nything els that r quires n application fe • Sh noted that th staff xp ri nces th sam work on th application wheth r it is approv d or d nl d. Mr. Sto 1 ltat d that th Commission had initially discus• d a $250 pplic tfon f ; 1 was ! It that it might b b tt r to incr a• th lnfti l pplication f nd r fund part of it if th pplication wa1 not d. r. Sto 1 a t d th t this "sound d ood t th tia " r. a ain "' ld b p unit c • I . ( • • • -9- approach was used? Ms. Powers stated that the staff has not had time to research this matter. Mr. Stoel suggested that the charge per unit might be broken down into "ranges" --such as one to ten units, etc. Ms. Powers stated that another concern is the requirement of complying with current codes and not the codes that were in effect at the time the building was constructed. A further matter of concern was the require- ment that the City staff would be responsible for making the inspections to determine compliance with the codes. Ms. Powers stated that the initial proposal was that an outside engineer would be hired to do the inspections and prepare a report on the compliance with the codes. Ms. Powers questioned that City staff would have sufficient time to do this. Mr. Stoel stated that this matter was discussed with the staff regarding this point. Ms. Becker pointed out that Fire Marshal Groditski was the only staff member in attendance at the meeting when this was discussed; Building Department personnel were not in attendance. Ms. Powers stated that Fire Marshal Groditski does not feel that his inspections would be that extensive, and that the Fire Department could do them. Ms. Powers pointed out that inspec- tions for electrical, mechanical and structural would be much more extensive and time consuming. Ms. Powers stated that the staff would suggest that an engineer be hired to do these inspections; the developer would be expected to stand the cost of the inspections. The City inspectors would "spot check" inspections. Mr. Carson stated that fire insurance agencies will do their own inspections. Ms. Powers questioned that they would inspect the same things that the Fire Marshal and the engineer would inspect. Ms. Powers pointed out thst City Attorney DeWitt had expressed concern on the liability of th e City if the City inspectors were dir cted to do these insp c tions. Ma. Powers stated that Mr. DeWitt had cited two recent court c a a pertaining to liability du to inspections, and on case was decided in favor of the city, th oth r d cided in favor of the com plainant. Dis- cussion en u d. • Powers ask d if the Co ission wanted a study session with City Council. Mr. Tanguma s tated that he felt a study session would b h lpful. Mr. Sto 1 stated that h felt th Commission could r vi w th s probl a ao long aa th Co iasion is • d aware of the City Council concerns. Mr. S nti r ed with Mr. Sto 1. Pow ra stated t t ah would co~nicat to the City Manag r and City Council that the C isaion will conaid r these concerns furth r, and aak Council to delay consideration until th co .. iaaion has co pl t d ita d lib- rations. • lett r d th gl d. v lop11 nt w t h th City Council, al1o n tnvtt d r t tina of tc I • • • • -10- IX . COMMISSION'S CHO ICE . Mr. Carson stated that he and Mrs. Becker had attended the DRCOG Annual Dinner Meeting, and asked that Mrs. Becker make the report on the meeting. Mrs. Becker stated that it was an interesting evening, and that the cities of Englewood and Littleton received an award for upgrading the Bi-City Wastewater Treatment Plant. The speaker for the evening spoke on future trends for the metro area. Mrs. Becker stated that it was very gratifying to see Chairman Senti receive his award. Mrs. Becker reported that she and her husband have contracted for solar water heating to be installed on their home, and stated that she has had an offer from a young man who speaks to groups regarding ordinances for solar access, requirements, etc. to make information on different solar systems available to the Commission. She stated that with the permission of the Commission, she would like to ask the staff to set an evening for the presentation by this gentleman. Mrs. Becker stated that she is looking forward to attending the APA Conference in Seattle, Washington. Mrs. Becker stated that she felt the Commission acted on some really important matters this evening --amending the Comprehensive Zo ning Ordinance to in- corporate the B-DD regulations and amending the Zoning Map t o designate part of the B-1 Zone District to the B-DD District, and amending the Comprehen sive Zo ning Ordinance to incorporate the Landscaping Regulations. Mrs. Becker stated that she felt all of these matters are really critical. She stated that she has been looking for landscaping regulations for a long time , nd is very glad to see this step taken. Mr. Stoel no ted that Ms. Pow r s had m ntioned earlier the Commission 's oala and how well th y hav b n m t; h s t a ted that he felt a lot of c redit is due Mrs. B c ker and h r organization i n d veloping th goals for th C mission 's concentr t d fforta. Mr. Sto 1 xpr ssed con e rn that p rhaps th Mi nutes of March 22nd h d b n approv d rroneously. H not d that it ia sta t ed in thoa ainut s that Haring on Case #8-83 wa s continu d; how ver, the H aring was op n d thi evening. H questioned wh ther th H aring could b continu d with- out b ing op n d, and stat d that h ( lt th Hinut a of March 22nd w r wrong. r. llolland stat d th th Hlnut a w r carr ct, nd that h h d stat d n reb 22nd th t the II rtna could be c n 1nu d without b in op n d that ti t ing djourn at :25 P. H. I . ( • • • • -11- MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE CITY PLANNING AND ZONING COMMISSION. DATE: April 5, 1983 SUBJECT: Comprehensive Zoning Ordinance Amendment RECOMMENDATION: Becker moved: Carson seconded: The Planning Commission recommend the amendment of the Coaprehensive Zoning Ordinance by repealing §22.4-12, B-3, Business, and by adding in place thereof a new §12.4-12, B-DD, Business-Downtown Development District regulations. AYES: Ven ·rd, Barbre, Carson, Senti, Stoel, Tanguma NAYS: n ABSENT: Allen, &Brayer The motion carried. By Order of the City Planning and Zoning Commission • I . • • • • -12- MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE CITY PLANNING AND ZONING COMMISSION. DATE: April 5, 1983 SUBJECT: Comprehensive Zoning Map Amendment RECOMMENDATION: Becker moved: Carson seconded: The Planning Commission recommend that the Comprehensive Zoning Map be amended by rezoning the following area from B-1, Business, to B-DD District: That portion of the southwest quarter of Section 34, Township 4 South, Range 68 West, and the north half of Section 3, Township 5 South, Range 68 West of the 6th P.M., of the City of Englewood, Arapahoe County, Colorado, described as follows: Beginning at the Southeast corner of the Southwest quarter of said Section 34, said point also being the centerline of South Broadway and Hampden Avenue; thence west along the center- line of West Hampden Avenue to the centerline of the alley east of South Acoma Street extended; thence north along AYES: AYS: ABSENT: the said centerline of said alley to the centerline of West Floyd Avenue; thence west along the said centerline to the centerline of South Bannock Street; thence north along said centerline to a point on the extended south line of Lot 14, Abbott's Subdivision, Second Filing; thence west along the south line of said Lot 14 and Lot 14 ex- tended to the intersection of th centerline of West Floyd Avenue and the centerlin of South Elati Street; thence south along said centerlin of South Elati Street to the cent rlin of U. S. Highway 285; thence east and south- east rly along said centerlin to th centerlin of South Lincoln Stre t; thence north along said cent rlin to its int rsection with the north bank of Littl Dry Cr ek; th nc orthw st rly along s id north bank of Littl Dry Cr k to th c nt rlin of South Broadway; th nc north along said c nterlin of Sou th Broadway t o the point of b ginning. Beck r, Carson, Sto 1, Senti, Tanguma, V nard, Barbr on McBray r, All Th motion carri d. By Ord r of th City Pl nntna nd Zonina Commiaaion . • I . - • • • • • -13- MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE CITY PLANNING AND ZONING COMMISSION. DATE: April 5, 1983 SUBJECT: Comprehensive Zoning Ordinance Amendment RECOMMENDATION: Stoel moved: Becker seconded: The Planning Commission recommend t o City Council that the proposed amendment to the Comprehensive Zoning Ordinance, 122.4D, Landscaping Regulations, be approved. AYES: Senti, Stoel, Tanguma , Barbre, Becker NAYS: Venard, Carson ABSENT: McBrayer, Allen The motion carried. By Order of the City Planning and Zoning Commission • • I. CALL TO ORDER. • • • URBAN RENEWAL AUTHORITY APRIL 6, 1983 s Th regular meeting of the En glewood Urban Renewal Authority was called to order at 5:35 P. M. by Chairman Robert J . Voth. M b rs present: Novicky , Voth, Cole, Dickinson, Fitzpatrick, McClung Minnick Members absent: Also present: Powers, Executive Director None Susan VanDyke, Alternate Member Wm . Richard Hinson, Economic Developm nt Planner Jim Harm of the office of Benedetti & Brinn II. APPROVAL OF MINUTES. Chairman Voth stated that Minutes of February 24, 1983, March 2, 1983, and March 23, 1983, w re to be considered for approval. Minnick mov d: McClung seconded: The Minut s of February 24, March 2, and March 23, be approved as written. AYES: NAYS: Voth, Col , Dickinson, Fitzpatrick, McClung, Minnick, Novicky Non Th •otion carri d. • • • Mr. Voth atat d that th ag nda will b consid r d out-of-ord r, nd stat d that th n xt ice. to b consid red wi ll be VI, C., ~nfinish d Buain s , R lo ation Handboo Adoption. • • • VI. c. h d b th Bl ff th hat tw t o d it dU- r. lu 'I • I • • • • -2- cause of the r elocation. She suggested that the $2 ,500 limitation could be cheaper than moving some o f the small businesses, and that some of the businesses might decide that it wouldn't be worthwhil e t o begin in an o th e r location. Ms. Powers asked if t he Authority would consider removing the $10 ,000 maxi- mum on relocation benefits , and pay actual moving expenses for these busi- nesses . Mr. Fitzpa trick sta ted that he would not. Mr , ~linnick stated that h e thought the Authority was considering reversing the fixed sum payment to residential owners and businesses under the pro- posed Option 3 on relocation benefits. Mr. Voth noted that no c hang e in re- location benefits would be retro a c tive t o those who have rec eived r elocation benefits thus far. Mr. Fitzpatrick stated that he would not want any change in benefits to be retroactive. Mr . Harm stated that this would be up to the determination o f the Authority. Mr . Novicky asked whether there was a statement on the relocation benef i t contracts that the Authority has considered that no further benefits would be received by th ese individuals . Ms. Powers stated that the individuals who rec ive relocation benefits are asked to sign a waiver. Mr . Fitzpa trick asked how many h ome "own e r s " would be affected by th r e- developmen t/relocation program? Ms. Powers stated that the two on South Cla rk on Stree t have been completed , and es timated three on South Bannock. Discu sion ensu d. Mr. Fitzpatrick stated that ther e were two resident owner on South Banno ck that h knew of, and could not see changing the policy for residential r location benefits at this point. Dickinson moved: Fltzp tricks conded: Th Urban R newal Authority adopt the Relocation H ndbook s writ ten (Draft d ted F bruary 23 , 1983). Ms. Pow" ra aug orr tions ar nd th cl ric 1 corr ction th H ndbook hould not b dept d until sugg st d th t the Handbook hould b mad lat r. [ 1 f r. Dl ithdr ny of th cone rna that hav ny m rit, d fintlon of 'bu in sa" as furth r nt, and would trongly r co nd r 0111111 nd postp nin uit blc. I 'm not in favor y." n tu dept th H ndb,•ok; r. Fitzpatri k • I • • • • • -3- This amendment was aodpted, Mr. Dickinson voting in opposition. Consideration of §2D followed; the proposed amendment would place thi s section under §7A, Ineligible Moving and Related Expenses, This proposed amendment was adopted on a motion by Dickinson, second by Fitzpatrick, S c tion 3H was considered. Mr. Dickinson asked for a clarification of the difference between "personal" and "real" property. Mr. Harm stated that issue had been addressed at the last meeting , but that essentially some- thing that is affixed to the real property permanently becomes a part of the real property. Mr. Dickinson asked if this would include trees? Mr. Harm stated that it would unless an agreement had been made that the trees could be moved. Mr. Minnick moved, Dickinson seconded: That amendment of §JH be adopted. The motion carried. Clarif ication of §JI is proposed by deleting "Displays erected on real property" and inserting "Any type of billboard which is permanently affixed or attached to the ground or a building and used as a commercial sign not pertaining to the premises." Also, the phrase "This billboard's use is for the promotion of" shall be inserted after the first sentence prior to " ••. the sale, resale, manufacture •.. " This amendment was adopted upon a motion by Mr. Minnick and a second by Mr . Fitzpatrick. Amendment of §4F was considered. Mr. Fitzpatrick posed the possibility of one person signing a lease to rent part of a duplex; three oth r individual s move in with the lease ; would r location benefits be payabl only to th individual who signed the lease, or would all four persons be ligibl paym nt . Hr. Harm stated that th thr e persons who mov d in with th would be sub-1 a s; h would say that all four individuals would b for r location payments. Mr. Fitzp trick stat d 11." Mr. McClung at ted that "this is wrong." Mr. H rm ther is no obligation to pay reloc tion b n fits at all, th four individ- ual r r nting this prop rty --it do a not matter who th pay. They would b 1 sing th prop rty, nd th y would b have to relocat . Discus ion nsu d. Mr. Dickinson not pre ntly relocation b n fits th t are p id reloc tion. that h did not fe 1 that ach on th maximum and sk d if tem nt should b dicat paym would oppos r apply in to prov Bt t llar111 ata th y W r th Authority to p r Jns Mi nni ck mov d, it£p tri k s nd nta t • F. Th • d • nt should C"orr pt th th a t pay b t I n, ll n, I • • • • .. - -4- Mr . Harm discussed his proposed amendment t o §3A, cla rifyin g the definition of "home occupation". ~!r. Harm stated that he felt this clarification is imporLant to establish whether the home occupation is an actual means of livelihood or a "hobby". Mr. Dic kinson asked how a situation would be handled where the wife runs a "day care center" out of the home, and th husband is employed; would they be eligible for business relocation benefits ? Hr. Harm stated that this is a determination that the Authority would have to make. He stated that the suggested phrase "which is the claimant 's pri- mary or main occupation" would give some leeway. Mr . Dickinson asked whether a "lady of the night" in a residential use would be eligible for business relocation benefits. Mr. Vot h questioned that a "lady o f t h e nigh t" would declare her occu pation. Mr. Haviland entered the meeting . The amendme nt to §3A suggested by Mr. Harm was adopted on a motion by Minnick, seconded by Novicky . Mr. Fi tz pa trick asked whether th adopt d amendm nts would cover an "il legal" business, one that has not obtain d any licens s or permits, and is operated from th home. Mr. Dickinson stated that in his opinion if they own a small business but it is not th main source of income they would not be ligible for business r elocation benefits. ~!r. H rm' s suggest d mendm nt to §3Cf on "tl'mporary moves" was considered. Mr . Harm stated that h felt there should be a deadline established, at which must b compl ted. r. Harm stated that he would suggest adlin f o r completion of a move . Mr. M Clung stat d that h felt auffici nt tim to complete th mov . Mr. Dickinson also mor than adequat , and that six w k would ovicky xpressed his opinion that thr e mon hs Tl, 120-day notic to business s and r sid nts Ms. Col ask d wh th r property owner who is notice is given how Ms. Pow r s no d that a --no funds for the ctu 1 may b more difficu1 • ~r. business own rs whos prop pt!riod of om M • Cole t 1m d unless • I . • • • -5- Minnick moved, Fitzpatrick seconded: That §4 be amended by the addition of proposed §§G and §§H, and changing existing §G and §H to §I and §J respectively. The motion carried . Ms. Powers then addressed proposed amendment to §JI pertaining to redundan cy in th definition. Upon a motion by Fitzpatrick, seconded by Minnick, the proposed amendment to §31 was adopted and the motion carried. Page 10, §5C, and Pag 12, §68, were discussed . These provisions concern notification of self-moves. Ms . Powers stated that there is a need to know whether a business or resident is going to move themselves, or hire a moving company , and there is a need to inspect the premises and personal prop rty moved. Mr. Harm discussed the need for prior not ice to the Authority of the intent to self-move, and the fact that the Authority should hav an op- portunity to view what is to be moved and stimate whether the costs r qu ~ted by th relocated busin ss/resid nt ar r easonable. Mr. McClung stated that he felt there is provision for this in the Handbook , and noted that it is s tat ed that th Authority would pay the lowest amount that a moving company would require to complete the move. Ms . Powers pointed ou t the need for the Authority to know whether the business/resident displaced is going to use a moving company, or whether they would move themselves. Ms. Powers further not d that if th business/resident elects to self-move, the tim - table may be differ nt. Mr. Dickenson stated that he didn 't feel th staff ne ded to know if it was a self-move or not. Mr. Dickinson r called concern that Mr. McCown had xpressed about moving companies making stimates wh n there is a distinct possibility that the move will not be done by a professional moving company. Mr. McClung stat d that moving companies know they hav to mak stimat s and may not g t the job of movin ; h st ted that this i p rt of th ir overh ad. r. Fitzpatrick su estcd that if a moving company u~- pect d th y might not g t th job, th might submit low estimat s. Mr. McClun sugg st d th Authority reque. fiv moving companie to be vailabl to make stimates to move peopl and businesses in this ar nd that 11 timat s would be on in d to th u g t d that out of th fiv co pani a, thr stim t a on th majority of th jobs and would g t th m jority Fitzp trick disagr d with thi propos 1; h do have th ri ht to qu stion any stimat to obtain n stimat on wn. Hr. Hinson ugg add d to App ndix Ill so at ting th t Lh Authority may obtain of ita wn. Hr. HcClun t d th t a lisl of th it ms to t lao b auppli d. • I . • • • -6- to residen tial tenants and property owners. The plan as presently written calls for payment equal to a year 's rent plus moving expenses, not to exceed $2 ,500. Ms. Powers pointed out that reimbursement of a year's rent alone would exc ed the maximum of $2 ,500; this would not include any moving ex- penses. Ms. Powers stated that it is suggested that the rent reimbursement be reduced to six months, plus moving expenses, the total not to exceed $2,500 if the Authority wants to retain the maximum figure. Other options for r location benefits to residential tenants/property owners w r dis- cussed , such as paying actual moving expenses with no maximum and no other benefits; payment of "reasonable" cost of moving based on competitive bids no other benefits; reasonable cost of moving and fixed sum dislocation pay- ment with a maximum benefit established; actual reasonable cost of moving and a fixed sum dislocation payment with no maximum benefit established, or payment of a fixed sum . Mr. Fitzpatrick stated that he would object to pay- ment of relocation benefits with no maximum established, and recommended that the paym nt for tenants be set at reimbursement of six months rent and actual moving expenses not to exceed a maximum of $2 ,500 . Ms. Powers stated that the $2 ,500 probably would not cover the cos t of moving expenses plus the six months rent reimbursement, and noted that moving bids that have been submitted for a recent move range from $500 to $800 . Mr. Fitzpatrick noted that the majo rity of tenants are on a month-to-month basis, and th re would be no lease problems. H f lt that if tenants are given reimbursement of six months rent and moving expenses not to exceed $2 ,500, that this is fair. Mr. McClung stated that h felt it was very generous. Mr. Minnick stated that members of the EDDA had expressed concern about lease-hold improvements. H noted that if busin sses were to be paid the ctual reasonable cost of moving plu a fixed urn dislocation payment as r comme nded by the staff, his could pplv to s m of th leas -hold improv- ent exp nses. On a motion by Mr. Fitzpatrick, for r sidential tenants is to b r asonable moving xp ns 0 t Dickinson , th Relocation B nefit nt of six month r nt, plu ~tu 1 2,~00. This motion c rri d. • nti 1 xi um p ld n s to r - I . • • - -7- did not want to see the Authority put in any bind by r quiring a "fi notification date." Ms. Cole asked what d termin d wh n "notic " i Ms . Powers stated that notification is based on the construct! n ti of the public improvements . Ms. Pow rs clarified that the Authorit not notify tenants on the purchase of property; h i to h pr rty owner. Mr. Hinson stated that in a discussion h al Coun Bened tti , he understood that as soon as negotiati n in with th prop- e rty owner , th e tenants must be notified. Mr . Dickin tat d that if 120 -day notice is required, it should b 120 dayo, to the day bcfor th~< property has to be vacated . Mr . Voth stated that th Authority would have an obligation once notice is given to acquir that prop rty within the 120 days . Mr. Harm comment ed that the 120-day notice would not indicate the Autho rity is going to move in on the property within 120 days. Ms . VanDyke suggested that t he time limit should begin when th property is pur- chased by the Authority , and noted that negotiat ions with a property owner can extend for a long period of time. Mr. Dickinson brought up the issue of ~nine nt domain . Ms . VanDyke suggested that the notification period begin with set tlement on acquisition of the property or beginning of eminent domain proceedings . Mr. Fitzpatrick stated that he feels the deadline puts a responsibility on the Board and on the developer . Mr. Dickinson stated that this docs not pertain to property acquired by Brady. Mr. Harm pointed out that wh en property is acquired by eminent domain, it doesn't matter whether a tenant has a lease; they cannot remain on the property. He pointed out that the d veloper would not have this provision open to him . Ms. Powers ask d when emin e nt domain proceedings begin, whether this renders a 1 ase null and vo i d. Mr. Harm stated that following immediate possession hearing , the Authority would have pass ssion of the property. Discussion ensued . Ms. Powe r s stated that Mr. Benedetti had suggested that the phrase "to the grea t es t extent possible" be in rted, and for this r ason t he staff do s recommend this amendment. Mr. Fttzp trick suggested that a statement to th effect that "Th Auth ority sh 11 ive 90 days notice to any tenant that would be displaced unles emin nt domain proc dings arc started ." Discussion nsued. Minnick moved, McClung and Col se onded , th.1t th phr se "To th gr atest xt nt possible" be insert d at th start of the sentence in §5Al, §SBl, nd §6Al. Th motion carri d , lr . Fitzpatrick di senting. Am ndm nt of f6A, d 1 t ion of "or th City" w s dopted on a mot ion by innic and s cond by Fitzpatrick; motion carried. M • Pow ra nd lie ns 01 kina word d by 1110tion "t x , p nait ti n by nd tnt c rr!cd. n 1 ti nd by btlt11tln • I • • • • -8- Mr. Harm discussed his suggested amendment on Page 14, BG, pointing out t hat the Authority needs greater latitude in setting appeal hearings . Mr. Fitzpatrick suggested that the modification state "30 days or as soon there- a ftt:r as practicable." Discussion ensu d. Minnick moved, McClung and F itzpatrick seconded, that §BG on Page 14 be amended by adding "Hake a goo d faith effort to ... "after "the Authority will", and before "give uc h pers n the opportunity ... "; also that the phrase "or as soon there- fter as practicable" be inserted. The motion carried. Arnl·ndment of §BG and §BI on Page 15 were considered; Dickinson moved , and 'lin nick seconded; that these ame ndments be adopted; the motion carried. r. Harm discussed the proposed amendment of Appendix III, which would add an additional paragraph autho r izing the Authority to secure bids and moving es imates if they so desire. Fitzpatrick mov d, McClung second d that the sugg sted amendment to Appendix III be approved; motion carried. Mr • .'ovicky sugg sted that Page 14 §F be amended by inserting th word "limit" aft r th word"Time". Mr. Nov icky so moved, Minnick seconded, and th motion carried • . Pow r asked if th Authority had any oth r changes to suggest for Pag 11, which d als with comm rcial displac m nt and relocation b nefit . Sh ~xpres d concern that th EDDA had reviewed the Handbook and that their comments and sugge tions have not been addressed. Sh asked Mr. Haviland 1f he wanted to comment on the int rest of the EDDA on the benefits listed. 'lr. Havil nd said he had no commen t. 'lr. ovicky n oted d ask d lr. Harm to check into th possibility of providing incentive to husiness s reloca ting in the downtown are . Mr. Harm stau•d that he h d ch ck d into this, nd could find nothing to indicat this has been don . II t t d that he c uld not giv a "d finite no" on wh~th r omeone would b . ucc~.;ssful in a chall ngl! based on different treat- mtnl if thy r loc t d outside of Englewood nd didn't rec ive th s me ben fit ·om one rcloc ting within Engl wood rec iv d. He st ted that this would b a fir t before the court on this typ of chall ng • th.1t on of th of th progr m 1 in En 1 n w busin ss Urb n R new 1 Authority, Englewood would b 'I '" r h t th n; • I . • • • -9- rental benefit. Mr. Harm stated that it would not matter how it were stated; someone could complain they were penalized for moving outside of Englewood. Discussion ensued. Ms. VanDyke commented that she felt the incentive payment that would be available would be very insignificant and that viable businesses would relocate where it would be better for them in the long-term. Hr. Fitzpatrick suggested that this be taken under consideration and that the staff contact some other cities with major redevelopment projects to deter- mine what they have done . He felt an effort should be made, even if it's only "token". Ms . Powers asked if this incentive payment would be above and beyond the $10,000 maximum relocation benefit? Mr. Fitzpatrick stated that he felt it should be, and would be applicable within the City limits. Mr. Harm noted that a distance limitation is presently imposed in the re- location plan, citing the 50-mile limi on moving expenses that would be ligible for payment . Mr. Harm stated that he felt attempting to limit the benefits to the City limits would be leaving ourselves open to challenge. Ms. VanDyke asked about a tax break incentiv for the businesses relocating in the downtown area? Mr. Fitzpatrick not d that the intent of Tax Incre- ment Financing would be defeated if this were done. Fitzpatrick moved, Minnick seconded, that the issue of incentive payments to businesses relocating in Englewood b tabled for further study. Th motion carried. Mrs. Cole asked what the general feeling is about payment to businesses going out of business as a result of th redevelopment project. Mr. Vo th stated that h didn't feel it could be justified. Mr. Dickinson concurr d. Ms. Cole pointed out that if th se businesses relocat , moving expenses would be paid which could amount to mor than th going out of business payment. Sh s t d that sh would not b oppos d to paying the $2,500 to these busin sses to cov r th closing-out xp n s. Mr. Dickinson st d that th Authority would end up paying moving xp •nses anyway b caus th busin ss would h v to g t out of lh pre nt location. Mrs. Col tat d that th Authority would not; the going-out-of-bu ine s paym nt would in li u of ny moving xpenses; the busin s could not r ceiv doubl nl. Fitzpatrick mov d, Col a cond d, that he lSiiU of payment of " oing-out- of-busin ss" f s b tabled for furth r ·tudy and consideration; that th po sib! wording on th provision b such that If a busin as 1 cts to o out of bu in a, they w0uld r c iv th n with no furthtr cl 1.m fnr p nt to b c nsfd r d. arrt ~. r. 'oth noti:.'d th t B uld r h d a R lo tion PI n. • d n l h 1r • • • - -10- c!r . Hinson stated that the staff was suggesting payment of "actual reason- able moving cos ts" vs. the maximum payment of $10 ,000 except in special circums t ances ; he asked which method of payment the Authority preferred . ~r . Fitzpat rick stated that his views were known; there are only four or f iv, businesses that he can forsee would have extenuating circumstances, and feelb the issu is well covered in the Handbook; he would prefe r to leave the Relocation B nefit Plan as it is. ~lr. Kovicky asked if relocation o f utilities should n ot b included under th listing of ineligible moving and related expenses . Ms . Powe r s stated t ha t this is correct . Mr. Novickv moved, Mi nnick seconded , t hat §D on Pag 2 b moved to §7 , Ineligible Movin g and Rela t ed Exp en ses . The motion c arried. Mr. Voth tated that h would like to see a final draft of the proposed Handbook before it is approved. Mr. Fitzpatrick stated t hat he felt the Authoritv had reached greement on the changes that were propos d, and th se c h anges hav been "hashed o ver man y times"; he felt th Handbook could b pprov d with th understanding that the proposed amendments would be ncorporated in the Handbook. Fitzpatrick mov d: Dickinson seconded: Th Urb n R ·newal Authority adopt th Relocation Hand- b ok, with mendm nt b. that th ask d I . ( • • - -11- the Handbook; he feels that after the amendments are incorporated into the text of the Handbook it should be reviewed by the legal counsel prior to adoption. Mr . Dickinson stated that he felt matters such as payment of relocation benefits for early moves shouln be discussed when the legal counsel is present, and asked for a written opinion on whether such payments could be made. Ms. Powers responded that all three isses would be rendered in writin g ; she would not make a verbal report on any of them. The vo te on the motion to adopt was called: AYES: NAYS: McClung, Minnick , Dickinson, Fitzpatrick Novicky, Vo th, C~le The mo tion carried. IV. BILLS AND COMMUNICATIONS. Ms. Powers stat d that a copy o f a letter from CIRSA was i ncluded in the packets regarding insuranc coverage fo r properties acquired by th e Urban Renewal Authoritv. Ms. Powers stated that notification o f a NAHRO tw o-day wo rkshop wa s included in th e packet s . She stated that NlRO has be n mor activ in housin re- developm nt proj ct than in downt own redev lopment p r oj cts. Sh sugg sted that if any memb rs w re lnt r sted in att nding, t o notify th offic . Mr . Di c kinson expr ss d an int r st in a t ndin g . Ms. Pow r s s t at d that CDDA h s ch ·duled two-d y conf r nee which wi ll b in D nv rat th Fairmont Hotel. Ms. Powe r s stat d th l sh is on th bo rd to set up this confer nc , nd on of th topics of discussion will b bout r hab nd f c d 1mprov menta . Mr. ovicky inquired blight !or Urban R n wa s a r sult of th nd t h t th bill h v. A. /Br p rtainin to a r d finition of ~Is. Powers st ted that this bill to !ot'lll Tax lncr ·nt District, rt I p r lntn t t X in r nt lnan<·in nt1 rpri • • I • • • • • -12- version of the agreement for the Authority and Brady Enterprises, and th e staff s hould be able to get something to the members within the next few days. Discussion ensued. Mr. Fitzpatrick stated that he had asked for a r epo rt o n legal bills that the Authority has paid. Ms. Powers presented Mr . Fitzpatrick with copies of bills fr om Mr. Benedetti from December t o present time; Ns. Powers stated that work on the Development Agreem nt b - gan i n Decembe r. Mr. Fitzpatrick stated that he feels the Authority may be paying for work done on things that Brady should pay for. Ms. Powers stated that Brady's legal staff is working o n the agreements in addition t o !'lr. Benedetti. Mr. Hinson noted that Mr. Benedetti's bills also reflec t work on drafting agreements with the negotiator, appraiser, etc. B. Property Report. Hs . Powt!rs reported that the option on pro perty at South Washington Stre e t and Eas t "nion Avenue has not been accepted; the r eal estate agent who handled the transaction at the time the property was sold has received notice Lhat $1,000 w ••ld be deducted from the price Jf the lot because of the pro bl em with the water line. Building permits cannot be issued on the property, nor can title insurance be obtained until the water line is reloca ted. Mr. Dickinson left the room. ~1s . Cole noted that there is a vacant lot in the 4700 block of South Pennsylvani a . Ms . Power ~ stated that she understood this site was too small to accommodate th hous from 3787 South Clarkson Street, and noted that we are requ sting a variance in side yard on the Washington St reet sit from the Board of Adjust- ment and App al~. s. Pow rs presented a draft agr ement betw en th Authority and th prop- er y own ers at 4700 South Washington Str et, who hav xpress d n int r tn r"lo ating th gar g t o a s it o f th ir choo&in . Th provisions of h~ wer rev! wed by . Pow r s , nd chang ug st d by Mr. Harm Fi tzp trick moved: cClung a cond d: Th th be r. R moval/Ind ronification Agr em nt betw n wal Au hority and Mr. nd r • Jerry Ba well nd d by r. Harm. , Vo h, Colt , itzp trick, .l un in , r t prll, • r oj t ? C n ru - D I • • • • -13- April 15th to change his mind regarding sale of the property; Mr. DeWitt will then file condemnation proceedings. Ms. Powers stated that the Au- thority has offered 11r. Sales the amount of his appraisal , and that this amount will have to be deposited with the court when the condemnation pro- ceedings are filed. Ms. VanDyke asked if this price would stay firm, or would it be affected by inflation? Ms . Powers stated that she understood this figure would stay firm; th Authority has offered $270 ,000. C. CDBG Report. Ms. Powers stated that the City ha s r ceived two different grants; th e 1982 CDBG application to HUD yielded $75 ,000 for design of facade improvements, and the 1983 CDBG application to the State has resulted in a grant of $150 ,000 to be used for the low interest loan/g rant program for downtown businessmen. Ms. Powers stated that the staff is working with the local lending institu- tions to leverage more money for this program and to set up the way this fund would be administered. VI. UNFINISHED BUSINESS. A. Relocation Payment: 3767 South Clarkson Street. Mr. Hinson stated that a request for relocation payment in the amount of $2,500 ha been submitted by Mr. Thomas Esslinger and Ms. Vivian Smolke, tenants at 3767 South Clarkson Street. Mr. Hinson review d the criteria she t which wa included in th pack ts, and stated that th t nants ar eligible for $2,500 in r location benefits. Mr. Fitzpatrick sk dhow much rent h d ben r ceiv don this hous ? Mr. Hinson s tated that th t n nt s have b n payin $420 p r month, beginning in D cember, for a total of $1~90. Discussion n u d. Mr. Dickinson stated that if th Authority had followed hi sug st ton and rals d th rent of th t nant , th Authority would b r overin th total r·location paym nt. Fitzp trick mov d: Minnick s cond d: Th Urban Renew 1 Authority rant $2 ,500 in r location ben fits to Mr. Tho f.saling r and Vivian Smolk , t n nts at 3767 South Clarkson Str t. AY 'AY Voth, Col , Fitrp t ri c , Clun , Min Irk n 11 vln th lv s7 r lo~ tion b n fit will not b building has b n lnsp ~t d. • r. lllnli n p td unlll In th r I • Fi tzpatrick moved: ~in1ick seconded: • • • -14- TI1e Urban Renewal Authority grant relocation benefits in the amount of $5 ,000 to Mr. and Mrs. Carl Wearner, former property owners at 3787 South Clarkson Street. AYES: Voth , Cole, Dickinson, Fitzpatrick , McClung, Minnick, Novicky NAYS : None ·111.., motion carried. VII. NEW BUSINESS. A. House 'loving Alternatives: 3767 South Clarkson Street. Xs. Powe rs stated that the staff has d"termined that it 1o1ill not b onom- ically feasible to move the structu re at 3767 South Cla rkson Stre t; the hou c s not on a basement, but on a • lab, and a housernover 1o1ho ha viewed the structure recoounended against relocation of the house. "'r. Hinson st t•d that to r locate th:ls 'ltructure, thre f et of the brick facade 1o1ould have to b(' removed and r placed. The Hou ing Authority has declin d to ive an off r for the house. It ha been estimated that to demo th house would b ppmxiJ!klt ly $3 ,500. An offer ha b en received from Engine ring ServiCl' Dir tor Diede that th d mo could b don fre in conjunction with the Li tle Dry Creek proJect. IDOV d: d: 0111t 37 7 fund Hn rr an to b n, Fi tzp tr1 fn th • * * much out of but no fucth r uthority. innick, vi ky, V h uld b ld t th • • • • • -] 5- Fitzpatrick moved: Minnick seconded: The Urban Renewal Authority come out of Executive Session. AYES: Cole, Dickinson, Fitzpatrlck, McClung, Minnick, Novicky, Voth NAYS : None The motion carried. Fitzpatrick moved; Cole seconded: The Urban Renewal Authority terminate the contract with Trigg Appraisal Company because it is the understanding of the Authority that the Senior Member of the firm will be out of town for a period of five months, and the Authority does not feel that it will be possible t o meet the completion date that is required fo r appraisals of the properties in- volved. AYES: NAYS : Fitzpatrick, McClung, Minnick, Novicky , Vo th , Cole Dickinson The motio n carried. Them eting adjourned at 9:00 P . M. • I . City of Englewood May 3, 1983 The Honorable Eugene L. Otis Mayor of Englewood 3400 South Elati Street Englewood, Colorado 80110 Dear Mayor Otis: • • • SG 3400 S. Etatt Street Elllllewoocl, Coloredo 10110 l'lloM (303) n11-11.a Please convey my thanks to City Council members for permitting me to at- tend the APA annual conference in Seattle. It is definitely one of the highlights of my year. I had never been to Seattle before, and I was anticipating a wonderful stay. The City did not let me down. In fact, according to locals, the weather seemed to be extraordinarily cooperative while the APA folks were in town. It did not rain. Actually, I was looking forward to seeing some rain but as I think about it, the walking tours would not have been as pleasant in rain. My written report is attached. I will be preparing in-depth slide presenta- tions for the Planning Commission on several different topics, and I will be happy to pr pare an edited general slide presentation for City Council if you would like one. A&ain, thank you all very much for thi8 opportunity to expand ay lcnowl dge base regarding Plannin • I believ tripe auch aa thia one aake ua better commiaaionera. Sincerely youra, ~~~ Hujf::t L. cker Plannin Coaaiaaioner • I • ( • • • A.P.A. CONFERENCE REP ORT Apr il 16 -21 Mar j ori e L. Becker Se a ttle's wa terfront is bu siness, pleasure, and tourist oriented. The hust l e-bust l e of the Market is a real contrast to the slow moving c ourse of the c argo sh i p as it is pushed against the dock. Saturday morning is the best t i me to see the Pike Place Market, I was told, and what a beaut i - ful array o f produce , flow e rs , fish and people we r e t here. The f ruit and v eg e table s tands displayed a tempting harvest of every item that can be grown i n a garden . I arrived early, and the produce had been arranged in tidy r ows, row u pon row. As people arrived, it became a beehive of activity --even to the po int of having a few nronea around. An older man t ried t o p anhand l e a few co ins from me. And when he didn't get what he wan ted, he had a litt le t an t rum and tried t o prevent me from taking p ic tures o f the Market. The Market has such a wonder ful assor tment of foods, it was ha r d t o walk thr ough and keep from buying . Around t he co rn e r , I did a t op for "Tea and Crumpets" --very tasty. A visit to the Acquarium was fun and educational. Did you kn ow that a sea- horse takes a brine shrimp into its mouth, eats whatever it eats of it and then spits out the uneaten part and goes after another one? I was two (two!) inches from a rather large octopus; they have an absolutely incredible apparatus for sticking to things. Both the Market and the Acqua rium wer "redevelopment" projects. The Acquarium uses old Pier 59 nd is part of aterfront Park where a salmon run brings the big on a home to spawn each fall. The Market waa almost razed for parking lot space; howev r, friends of the Market saved it and the thriving business that goes on appar ntly mak s it w 11 worth th tim nd effort it took to save it. B tw en the Market and the Acquarium is a double deck highway. Unde r the h i hway is parking and p deatrian apace. Connecting the two is Pik Strc t llill Cli111b , and it ana wh at it ays --climb , eithe r up o r down about six !loora. Thia Historical Dis tric t is also a rv d by s trolly car line , hut only on th horizontal, not up nd down tht' fllghla of stu in. A ferry boat ride giv 1 an opportunity to clearly a aeveral o{ S attla'a landmarks: Tha Kin Dom , th Space Ne dl , and the twin tow rs of the W attn Hotel where I a stayin • to n, but wh n you at nd The Space e dla ia avid nt troa ao uch of th b n ath it, it bacom a v n more iapr aaiva. permit a trip to the top. After touring the y achedula did acree ot th S attla C nt r, have a city cantar for ap ial I have realized a ain ho i portant it ia to activity. 1 WI I h I wa ridin r, v ry t rt wt 1 11 out 0 • I • ( • • • -2- town) that we couldn't offer that kind of service to the Southwest Plaza from downtown Denver for out-of-town guests as well as local residents. The transit system for metropolitan Seattle is the Metro. It includes diesel and electric buses, the World's Fair 90-second Monorail, and the Waterf ront Trolley. The fixed path vehicles have a very smnll part in the transportation system. The Monorail travels only between downtown Seattle and the Seattle Cen ter. It is indispenaible for the tourist; a short walk and a shorter ride puts the out-of-town visitor from hotel to convention site for fifty cents. Although the ride is smooth and quiet, the vista of roof tops is less than elegant. Air c onditioning units and pigeon droppings are not pretty. The Waterfront Trolley also has a limited path, When the footweary wharf-walker need a to get to "somewhere down the wharf" the Trol ley is a welcome sight, All other transportation of the Metro is bus and appears to be very efficient. I traveled by bus during the week and on Sunday, and there were always many passengers. The SLate of W:tshington owns the ferries which travel l'uKcL Suuntl . '!'hey arc spacious and comfortable and each has a well-used food bar. Children of all ages were flying kites from the ferry I rode from Seattle to Bremerton. The ride was very pleasant, and I met a young mother with a three-month old who was there "just for the ride", the same as I was. I've been told, and the maps show , the Cascade and Olympic Mountains surround the City, and Mt. Ranier can be seen at the end of Ranier Boulevard. The atmosphere has been quite hazy and so far, I simply have to take the word of those folks who know. The general power outage seemed planned for our visit. Monday the power was off l.n the uowntown area anu kept most of us from getting to our .orning sessions (which I understand had to be h ld outside). When I did arrive at the Seattle Center, the pow r was still off th r and only em rgency li hting was working. Fortunately, one of the restaurants had a natural gas coffe -mek r so those of us who eventually arriv d at the C nter w re able to have a little caffeine to get started. Public Relations: in a poaitiv way. clear in hearin co axpari ncaa would Center. Three apeak ra discuss d techniques or r chins th di Although their sua eationa appeared to ka sene , tt was enta and question• fro the audianea that no on city'• xactly fit any oth r c ity. Tha jor pointe ra: 1. Eatablieh and try to aaintain a poaitiv relationship with th die. 2. Plannin , in and of itself, is n rally not n be tied to so athina the • die can us •• n e . J. Wh n errore are and should etta au at • • • - -3- 4. "Exclusive stories" will work for some planners (and would kill others, as stated by someone from New York City who must deal with many news- papers and electronic media). 5 . Keep making the case for the benefits of planning society. Don't assume the media understands this. 6. Keep embarrassing the media by asking them why they don't do more on planning. Have activities that they will need to keep covering, such as the purchase of a piece of art for a public place. Mobile Workshop: Kirkland Waterfront Development. The City of Kirkland is located on the eastern shore of Lake Washington. Th ey have been working for some time to redevelop their waterfront area occupied by multi-family hou s ing and businesses. Th e y do not ;.~ll ow indu>;t ry t o occupy their waterfront. In these districts, they require easement, ac cess and deve lopment o f pedestrian walkways to and by the Waterfront. Buildings had been constructed along t he waterway and o ver t he waterway with no thought to the rights of others in viewing the l ake or being a ble t o get to the lak . State re ulations provi de enabl i n g legislation for local governments to require that builder a ded icat e a pace for pedestrian access to the shoreline. public access ia r e qu i red befor e land aay b d velop d for the first b fore building addit i ons o r redev elopment can occur. Art •• art. ly between 10 A. M. and dusk , and i lt is not design e d to b used a a aoaer1 .. s called on to enforce t he use rule n controversia l , but a ms to b of a l of the access-wa y is d v lop it ! public land. and two council m mbera p nL ll~< aft rn prohibits signa on posts, r quirin t at all the buildings. Sian siz is n~t r ulat wh re landacapin a d 1nt nti nal, I ~ council er indieat d th y hav affect on hair co.-unit • chea at the cr tion board tor pl nn ncl L found il v ry atebliehina 1 fund for public r 1 c a, but I • • • • -4- All pub l ic art in Seattle is not sculpture. Looking up to building wall s and down to the sidewalk, we saw two other examples of public art. Several years ago Seattle held a wall painting contest. Building owners paid for the paint and contributed an outdoor wall and well-known local artists design ed the walls and painted them. They are whim s ical, ornate, formal --a ll moods are depicted and each wall covering seems to fit. Sidewalk art comes in from the heavy metal plates with the c ity's seal or map imbedded in the sidewalk. Resid ent s are encouraged t o co ntribute to the city's public art fund and the sulleat single ileo•s Lhat can be purchased for the city are $250 medallions, which are attached to the base of the old street lamps. To fund art for public places the city seta aside 1% of every capital con- struction project, sewers, buildings, parka, etc. The State of Washington a lso contribu tes 1/2% of their cons truction projects within the city. Th e pieces range in size from smaller than a bread box to several hundred tons. Each piece seems to have ita advocates and its critics. Even those pieces that many people do not like are catalysts for conversations. The airport houses nine pieces of pub lic art in addition to having changing art shows . A flyer s tate : "Th e Port of Seattle Commission is firmly convinced that rt istic works of high quality enhance the Sea-Tac International Airport. The art works we r e selec ted to pr ovide a variety of moods and experiences. Ar tists wer chosen by competition and dlrect selection including nationally known artists from the Pacific Northwest. Airport art was purchased from general non-tax supported airport r evenues." The tour guide gave suggestions to be cons idered wh en art is to be sited in public places. 1. Th scale of art pi c s should fit th si te. Tiny pi ces of art will gener lly be tgnor d; it won't be a n. 2. Public arL should b implc in d<:Ylgn. Vicwurs wl ll ~cncrully bu 1novinjl , eith r walking or ridin , They will not have tim to a top and appr ciate the art; they must b abl to do so on the run. 3. The work of art should be carefully sited. Pi cea obviously d signed for quiet places should not b in a hub of activity. 4. C nerally, but not always, p rka are not th bat pla e for pi a of art. We don't want to taka up that op apace for ar Park op n apace ahould be left op n. The slid eh pr a nta an x pt1on to this rul 5. Privat funda should b en our a d to b includ d with public funds for art in public plac a. .v •ryon 1a no aoin to lik l'lu .,.,, qu r\l. • d, Pr rvatio ly 1 portan . d buain a. 1 p rw In th I • • • - -5- Factory told me that the rents were too high and most store owners could not afford to live there. However, one of the old buildings had a condo- minium that had recently been built on the roof. She indicated that these condominiums were more affordable than the apartments. Unique and varied shops and restaurants are located in this area. It is refreshing to lunch at a restaurant that is not in a mall or on plain street front, but is tucked in a building somewhere, off the "main drag" and you run across it almost by accident. This area as well as the Pike Market has been able to preserve the historic atmosphere and keep up with the times as well. The walker in this area becomes aware of treading on glass circles and squares, and checking with the brochure on the area finds they are walking above the Seattle Underground. After the fire of 1889 destroyed this part of Sea tt le , a new city "rose from s mouldering ashes. And so d ld the new streets." They had had trouble with flooding anyway, so they built the new streets a full story height above the old streets, even as many new buildings were under construction. Many of the new shops were stranded below the street line in wells. These spaces were eventually sealed up, some with glass buttons for skylights and today this creates Seattle's Underground. Walking the High Rise Business District: I think my favorite high speed highway could easily be Freeway Park. A creative use of air space over Interstate 5, this park is extremely pleasant and is a focal point for activity, particularly on the weekend. l\ Seattle resident told me there arc plans now toconstruct n multi-usc building over a section of I-25. An i nteresting feature of downtown Seattle buildings is their street set- back . The most extreme example of this is Ranier Tower. It is a skyscraper s t on a pedestal. The slides will show better than can b explained here that the two or three story pedestal allows for spaciousness at th street lev 1. This building also has th ultimate design dealing with the sloping terrain. The building is on a square block. There is a Fifth Avenue street level. Below th t is the Union Street bank level, below that the Fourth Avenua hoppin leval, and below that the Pike Street shopping level. The extr e slope of the land giv s each lavel a street entrance and even wh n you are standing on those lower lev ls, you ar in the bas nt (sort of) but you raslly aren't in the basem nt. The required op n spaca dds enormously to the elegance o[ parts of the down- town. The restin& spaces ar also a w leo• sight aft r cliabin& up thos hills. The walker ia offered protection fro• tb rain by "roof type" coverin&s over the sid alks. Som tia 1 this ov rb ad is a p rman n ext nsion of th wall, and so tim it is n wnin ·rh wninas r u11uully oLQr(ul ml briahtan the city street acene. As I toured Seattle's • ny aita , it w not difficult to dr p r llela be- tw n S t 1 nd ,ngl w od. ln r d v our dQwntown ur~a, Wl ' want Lo praa rva our hiatory 11 w ll aa cr ate a n w and xcitin .ulti-ua ar a. We want to tie th area to that into a workin packs , produce n r v nu 1 and do it in auch a way tha th r will b e h t80ny b tw n th d velop- nt and th r a of our city. I • • • • • -6- Englewood is looking forward to construction of a Community Center. While it won't be on the same scale as the Seattle Center, it must allow for the citizens of Englewood and their guests to enjoy many and varied activities. I think we must build this Center just as large as we possibly can, It will not he to our advantage to scrimp on this. Parking must be realistic. Seattle is only now coming to grips with their parking requirements. Even with the Metro, they have a critical need for automobile parking. As we build, we must allow for automobile parking and strive to make it compatible with the area, or we may do as Seattle has done in many places --destroy history and put up a parking garage, gw • I . • • .. - FROM: Susan Powers, Director of Commoni<y D•••lopo<o< ~ ~ TO: City Manager McCown DATE: May 11, 1983 SUBJECT: Report on APA Conference in Seattle, Washington, April 16 -20, 1983 sD I attended the national American Planning Assocation Conference in Seattle in late April, and found the community exciting and very much alive. Fortunately, the traditional rainy weather was absent, so we were able to explore the City in the sun. The conference was held at the site of the World's Fair and the entire area has been maintained as a conference center and tourist attraction. The presence of the Space Needle in the Seattle Center is a constant reminder of the original purpose of the development and provides a continual theme. The Seattle Center includes a variety of types of buiLdings and uses, and includes a large central open plaza surrounding a fountain which serves as a playground for children. Adjacent to the plaza is a large food court center, which is also a retail center for specialty shops. This two-story facility houses over 40 restaurants (fast-food type), and a similar number of high- quality specialty retail outlets. There is a central eating area as is being developed in Cinderella City, and the businesses seem quite successful. As with most other pedestrian-oriented developments, th most attractive element of the entire S attle Center is th wstet, i.e., th fountain area. 1 noticed this throughout Seat tle, and I'm c rtain this wi ll r sult in Engl ood as well when the Little Dry Cre k improv ts are completed. Since downtown S attle sits alona th waterfront, there is consid rable opportunity to tak dvanta of th draw of water. While th ntire waterfron has not r d elop d, th pi rs which have be n lap ved are quite vibrant and succ ssful. 1 ld v n ure to aay that thewharfarea ia aliv and busy r ardl s of th r . 1 t our d 1 hi h n t. Acce .. ibili ty The d t ar a mo1t of it is to p raon with a ba spot• in h Llttl nd c pro j t : ho with a f f lin a t. ch • • • .. -2- 3. The attraction of water is a factor we have discussed for several years. Seattle's waterfront is bustling with activity ranging from joggers and shoppers, to fishermen. Obviously, our Little Dry Creek is not comparable in size, but we can expect lots of activity. 4. The historic district of Seattle --Pioneer Square --is very impressive, and would certainly serve as a model for other communities. We do not have the buildings with the architectural history of Seattle, but one message was quite clear --buildings should be maintained in their original architectural state. Even though Englewood does not have Larimer Square type of buildings, the structures we do have in our downtown represent the history of Englewood, and we need to capitalize on our history, not cover it up with blue aluminum. 5. Public art work is very evident in Seattle. Through the Art in Public Plazas program, the City has commissioned several artists to create major paintings and pieces of sculpture. The City has an art fund which is financed through a charge of 1% of the costs of public improvement projects. I personally feel that it would be worth considering a similar charge to private construction projects. The Conference sessions that were most interesting includedo~e on Contracting for Planning and Community Development implementation, which was valuable in light of my participation on the Alternative Services Committee. Another sessio~ Redevelopment of Suburban Com- mercial Center focused on Bellevue and Kirkland Centers, and how these communities have tried to strengthen their commercial developments as an alternative to further de- centralization and sprawl . All in all, the Conference was worthwhile, with the exploration of a new City the real highlight. • • • • • ( ... t:.: 61- RESOLUTION NO.~, SERIES OF 1983 ~ A RESOLUTION PROVIDING FOR THE NOTICE OF SALE OF USE TAX REFUNDING REVENUE BONDS OF THE CITY OF ENGLEWOOD , COLORADO, IN THE PRINCIPAL AMOUNT OF $2,320 ,000 AND PROVIDING FOR TilE PU!3LICA- TION OF THE NOTICE . WHEREAS, the City of Englewood , Colorado, has by Ordi- nance No . 59 , Series of 1981 , passed and adopted on August 3 , 1981 , authorized the issuance of its Use Tax Revenue Bonds, Series 1981A in the principal amount of $465,000, dated September 1, 1981, and Use Tax Revenue Bonds, Series 1981 B in the principal amount of $1 ,750,00, dated September 1 , 1901 (coll ectively , the "Outstanding Bonds"); and WHEREAS, the Outstanding Bonds are payable from the use taxes imposed and collected by the City , and constitute a first and prior lien on such pledged revenues; and WHEREAS, there are presently outstanding $450,000 of the Series 1981A Bonds and $1,685,000 of the Series 1981B Bond s ; and WHEREAS, the City Council has determined that by refund- ing the outstanding Seoes 1901A and Series 19813 !3ond s , there will res lt a substantial reduction of the total principal and ·nte rest payable on such obligations; and WHEREAS, Section 106 of the City Charter provides that the c·ty Council may authorize the issuance of refunding bonds by ord1n nee , without n election , for the purpose of p.:~ying out- st nd1ng bonds of the City; and HE EAS, the refunding bonds and the interest thereon, shall be p y ble fro• th sp ci 1 fund plcdg d therefor, to conta n the proc eda of the se tax portion of the sales and use tax tmpoaed and collected by the City, nd ~HI:::REAS, 1n ccord nee with th provisions o the City Ch rter, it is necess ry to dv rtise for the s le of th bonds; BC l'r HeSOL.VEO BY 1'111~ Cl'!"i COUNCIL. 01· 'rill~ CI'r'i 01> EllGLC ~OOD, COLORADO: • I • • • • • 1. That notice of sale of the bonds in the total principal amount of $2 ,320,000, shall be given by publication in one issue of the Englewood Sentinel, a newspaper published and of general circulation in the City, in the edition dated May 18 , 1983 . 2 . The form of the notice of sale shall be substan - tially as follows: -2 - • I • • • • • NOTICE OF SAL E CITY OF ENGLEWOOD, COLORADO USE TAX REFUNDING REVENUE BONDS, SERI ES 1983 $2 ,320,000 BID OPENING: TUESDAY , MAY 31 , 1983 , 2 :00 P .M. NOTICE IS HEREBY GIVEN That the City of Englewood, Colorado., will receive sealed bid s at the office of the Director of Finance at the Municipal Building , 3400 So . Elati Street , in Englewood , Colorado , until 2:00P.M., on Tuesday , May 31 , 1983, fo r the purchase of Use Tax Refunding Revenue Bonds , Series 1983, in the principal amount of $2,320,000 . The bonds will be negotiable , coupon bonds, will be dated June 1 , 1983 and be in the denomination of $5,000 each , numbe red 1 to 464 , inclusive . It is anticipated that delivery of this issue of bond s will be evidenced by a si ngl e , temporary bond in the principal amount and denomination of $2,320,000, to be exchanged at a later date for printed bonds in the denomination o[ $5 ,000 each , when definitive bonds are printed and are availabl e . The bonds will bear interest at a maximum net effective interest rate not exceeding 10% per annum , evidenced by one set of 1nt ercst coupons only , payable on November 1, 1983 and semi -annually thereafter on May 1 and rovcmber 1 each year , and mature ce rtally on November 1 as follows: Amount $ 45,.000 75 ,0 00 100 ,0 00 150,000 200,000 225,000 275,000 350,000 400,000 5oo,ooo• •Th amount matur1ng in h ch nge, and w1ll b determin d Ct r th - 3 - Maturity 1984 1985 1986 1907 1988 1989 1990 1991 1992 1993 year 1993 i bid op n1ng. ub)~ct 0 • • • • The principal of and interest on the bonds shall be payable at The First National Bank of Englewood , in Englewood, Colorado . The bonds will be awarded on the basis of the bid resulting in the lowest net interest cost for the bond s . 'l'he lowest net interest cost is defined as the total amount of inter- est to accrue from the date of issue to the date of maturity, without regard to the prior redemption provisions , less the amount of cash premium bid , if any. Bidders are requested to set forth the net interest cost and the net effective interest rate in their bid. No bid for less than the par amount will be accepted. Interest rates should be stated in multiples of twentieths or eighths ·of one per cent. The maximum allowable spread between the highest and lowest interest rates bid is 2.0%. The maximum number of separate interest rates allowed shall be five, although the same interest rate may be repeated. No more than one interest rate should be bid for each maturity. The bid for the purchase of the bonds must be without condition or reservation and must be accompanied by a certified or cashiers check on a bank or trust company payable to the City of Englewood in the amount of $50 ,000. Checks of unsuccessful bidders will be returned promptly after bid opening. The check of the successful bidder will be retained , without interest, and applied on bond purchase if the purchase is completed, otherwi se as liquidated damages. The bonds will be issued for the purpose of refunding valid and outstanding use tax revenue bonds of the City . The pnncipal of and interest on the bonds will be payable from the special fund pledged for the payment of principal and interest , to contain the use tax portlon of the sales and use tax imposed by the City of ~nglewood . Th bonds shall constitute a first and prior lien on the special fund, although not necessarily an exclusive first lien. A more detailed summary of the bond repay- ment provisions ppears 1n th Prosp ctus. The bonds do nol constitute n indebtedness of the City within the mean1ng of any constitutional , st tutory or charter lim1tat1on or provis1on, and shall not b considered or h ld to be a general obligation of the City . The holder of the bonds may not look to any general or oth r fund of the Clty (Or th p yment of th pcincipul of or 1nt rest on the bonds. at the t Th or bl D 1v ry th -4 - d by he City Counc1l 1 83, t 7:30 P .M., or meeting on that d t . o w iving ny defect to t• j ct ny nd 11 I • • • • • • The City will furnish the executed bonds, a cert ified transcript of legal proceedings and the approving l e gal opinion. The legality of the bonds will be approved by Messr s . Lamm Edstrom & Braymer, P .C ., Attorneys at Law, Denver, Colorado , whose legal opinion will be printed on each bond . Bond coun sel 's approving opinion will recite, in conventional form, that bond counsel has e x ami n ed the Con st itution and La ws of the State ol Colorado and the Charter of the City, a certified copy of the record of the proceedings of the City taken preliminary to and in the issuance of the bonds , and bond numbered one of said iss ue , and t h at the Bond has been properly executed and i s in due legal for m . The opinion will state that the bonds are valid and legally binding upon the City, payable solely from the special fund described above , and that the obligations incurred by the City in issuing the bonds are subject to applicable laws of bankruptcy and the reasonable exercise of the pol ice power of the State. The last paragraph of the opinion will e x press an unqualified opinion as to the exemption of interest on the bond s from federal taxation and from taxation by the State of Colorado. Th e matters passed upon by bond counsel do not extend beyond those mentioned in the preceding paragraph . The opinion will state that bond counsel has not independently i nve stigated or verified the adequacy and accuracy of the information con- tained in the Official Statement, Prospectus, Offering Circ ular or other similar documents , if any, and the refore assumes no re- sponsibility for the accur acy, completene ss or fairnes s of any statements made in connection with any purchase or sale of any of the bonds . Additional information concerning this issue and the City may be obtained from Mr. Gary R. Higbee, Director of Finance, Munlcipal Building, 3400 so. Elati Street, Englewood , Colorado 80110 , or from Hanifen , Imhoff Inc., 1125 Seventeent h Street, Suite 1700 , D·enver , Colorado 80202, the financial consultant to the City . The City Coun cil h as expressly consented in writi n g to authorize Hanifen , Imhoff Inc., either alone or wit h others , to submit a bid for the purchase of this issue of bonds. DATED at Englewood , Colorado , as of the 16th day of May , 1983 . ( S E A L ATTEST: Director of Finance , Cl y of Englewood, Color do P • 1 t n: P b i h on: ~ngl woo S ntln 1 M y 18, 1983 -5 - /&/ Eugene L . Otis Mayor City o Englewood, Colorado • • • • • • • 3. In addition to the publication of the notice of sale, the Director of Finance and the Financial Consultant are authorized to forward a copy of the Prospectus and notice of sal e to those investment banking firms, banks and other s wh o mig ht b e interested in bidding on bonds of the City . The prior action of the City Council in designating Hanifen, Imhoff Inc., as Finan- cial Consultant to the City , is hereby ratified and approv ed ; and that the fee paid or to be paid to such firm is fair and reasonable compensation for services in acting as Financial Consultant. Hanifen , Imhoff Inc ., may , either alone or with others, submit a bid for the purchase of the bonds, and in such event, the fee paid or to be paid for financial advi s ory se rvic es shall not be deemed a discount for purposes of the par sale requirment . 4. That if any one or more sections or parts of this Resoluti o n shall be adjudged unenforceable or invalid, such judgment sh a l l not affect, impair or invalidat e the r em.:~ining provisions of this Resolution, it being the intention that the various provisions hereof are severable. ADOPTED AND APPROVED This 16th day of May, 1983. ( S E A L ) Mayor ATTEST: Director of Finance ex off~c~o C~ty Clerk-Treasurer I, Gary R. H~gbee, ex off~c~o City Clerk-Tre surer of th C~ty of Englewood , Colorado , hereby certify th t the above and foregoing is a true, accurat nd complete copy of R solut1on No. Scr~es of 1983 . -fi - cary R. ll~qb c I • • • • • RESOLUTION NO .~, SERIES OF 1983 A RESOLUTION PROVIDING FOR THE NOTICE OF SALE OF USE TAX REFUNDING REVENUE BONDS OF THE CITY OF ENGLEWOOD, COLORADO, IN TilE PRINCIP/\L 1\r~OUN'l' OF $2 ,320 ,0 00 /\NO PHOVlD[NG FOH 'l'IIE PUIJLlC/\- TION OF THE NOTICE . WHEREAS , the City of Englewood , C:olorado , has by Ordi- nance No . 59 , Series of 1981 , passed and adopted on August 3, 1981, authorized the issuance of its Use Tax Revenue Bonds , Series 1981A in the principal amount of $465 ,000, dated September 1, 1981 , and use Tax Revenue Bonds, Series 1981B in the principal amount of $1 ,7 50,00 , dated september 1, 1981 (coll ectively , thl' "Outstanding Bonds"); and WHEREAS , the Outstanding Bonds are payable from the use taxes imposed and collected by the City , and constitute a first and prior lien on such pledged revenues; and WHEREAS, there are presently outstanding $450 ,000 of the Series 1981A Bonds and $1 ,685,000 of the Series 1981B Bonds; and WHEREAS, the City Council has determined that by refund- ing the outstanding Series 1981/\ and Serie!: 1981[3 ooncl s , then.! wlll result a substantial reduction of the total principal and interest payable on such obligations; and WHEREAS , Section 106 o[ the City Charter provides that the City Council may authorize the issuance of refunding bonds by ord1nance , without n elect1on, [or the purpose o[ p<!ying out- standing bonds of the City; nd \IIHEREAS, the refunding bonds and the interest thereon, shall be p /able from th sp c1al fund pledged there[or, to contain the proceeds of the use tax portion of the sales and use tax 1mposed and collected by th City; and NHEREAS, 1n ccord nee with the provisions o the Cny Charter, it is n cessary to dv rtise for the sale of the bonds; DC IT H.ESOLVEO B'i TilE CI'r¥ COUNCIL Of ·ritE CI'rY 0£' E GLEIIOOD, COLORADO: • I • • - • • I . , • • • • • • 1. That notice Of sale of the bonds in th, total •Pa 1 amoon t of S2, 320,000, shall be given by poblic" ion in issoe Of the englewood Sentinel, a newspaper poblished and of ""'rat circolation in the City, in tho oditlon dat e d Mny 18 , 1983 . tially as follows: 2. The form of the notice of sale shall be SObstan- -2 - • I • • ( • • . . • NOTICE OF SALE CITY OF ENGLEWOOD, COLORADO USE TAX REFUNDING REVENUE BONDS, SERIES 1903 $2,320,000 BID OPENING: TUESDAY, MAY 31, 1983, 2:00P.M. NOTICE IS HEREBY GIVEN That the City of Englewood , Colorado, will receive sealed bids at the office of the Director of Finance at the Municipal Building, 3400 so. Elati Street, in Englewood, Colorado , until 2:00P.M., on Tuesday, May 31 , 1983, for the purchase of Use Tax Refunding Revenue Bonds, Series 1903, in the principal amount of $2 ,3 20 ,000. The bonds will be negotiable, coupon bonds , will be dated June 1, 1983 and be in the denomination of $5,000 eac h , n um bered 1 to 464, inclusive. It is anticipated t h at delivery o f t h is issue of bonds will be evidenced by a single, temporary bond in the principal amount and denomination of $2,320,000, to be exc h anged at a later date for print e d bonds in the denomina t i o n o[ $5,0 00 each, when definitive bonds are printed and are av a il a bl e . Th e b onds will bear interest at a maximum net effectiv e int e r es t rate not exceeding 10% per annum, evidenced by one set of int e r es t coupons only, payable on November 1, 1983 and semi-a nnu a ll y t he r e a fter o n May 1 a nd Nov e mber 1 e ach year , a nd ma t u re acr 1 ~l l y on No v e mber 1 as follows: Amo un t $ 4 5 ,·0 0 0 7 5 ,000 100 ,000 150 ,00 0 200 ,000 225 ,000 275 ,000 350 ,000 4 00 ,000 500 ,000 * Maturity 1984 1985 1986 1987 1988 1 9 89 199 0 1991 1992 19 9 3 *The mount m turing 1n th year 1993 i s s ubJ e ct to c h ange , and will be d t rmined ter the bid opening . - 3 - • I • • • • The principal of and interest on the bonds shall be payable at The First National Bank of Englewood, in Englewood, Colorado. The bonds will be awarded on the ba s is of the bid re sulting in th e lowest n et interest cost for the bonds . The lowest net interest cost is defined as the total amount of inter- est to accrue from the date of issue to the date of maturit y , without regard to the prior redemption provisions, less the amount of cash premium bid, if any . Bidders are reque s ted to set fort h the net interest cost and the net effective interest rate in their bid . No bid for less than the par amount will be accept ed. Interest rates should be stated in multiples of twentieth s or eighths ·of one per cent . The maximum allowable spread between the highest and lowest interest rates bid is 2 .0%. The ma x imum num ber of separate interest rates allowed shall be five , although the same interest rate may be repeated . No more than on e intere st rat e should be bid for each maturity. The bid for the purchase of the bonds must be witho ut condition or reservation and must be accompanied by a certified or cashiers check on a bank or trust company payable to the City of Englewood in the amount of $50,000. Checks of unsuccessful bidder s will be returned promptly after bid opening. The check of the successful bidder will be retained, without interest , and applied on bond purchase if the purchase is completed, otherwi se as liquidated damages. The bonds will be issued for the purpose of refunding valid and outstanding use tax revenue bonds o( the City. The principal of and interest on the bonds will be payable from the special fund pledged for the payment of principal and interest, to contain the use tax portion of the sales and use tax imposed by the City of Englewood . The bonds shall constitute a first and prior llen on the special fund, although not necessarily an exc sive first lien . A more detailed summary of the bond repay- m nt provi.sions appears in the Prospectus. The bonds do nol constltute an indebtedness of the Clty within the meaning of ny constltutional , statutory or charter l1mitat1on or provision, nd sh 1 not be considered or h ld to be a general obligation of the C1ty. The holder of the bonds may not look to ny gener 1 or oth r fund of the C1ty for th payment of the pr1ncip 1 o or lnterest on th bonds. Th award of th bonds w111 be made by th at the regul r meeting on at an adjournment of th reguhr Council The City of Engl wood rea rv a th privil g or irr gul nty in any b d , nd th 1ght b1ds for the purch a of aa1d bonds . D ll.ve y i h c th bonds w 11 comp ny 1n t request ellvery o! and x p ns o the purch a the bonds w1ll b on or m d t Culot c . It 11 June 28 , • .t h , I • I . ( • • • • The City will furnish the executed bonds, a certifi ed transcript of legal proceedings and the approving legal opinion. The legality of the bonds will be approved by Messrs . Lamm Edstrom & Braymer, P.C., Attorneys at Law , Denver, Colorado, whose legal opinion will be printed on each bond. Bond counsel's approving opinion will recite, in conventional form, that bond counsel has examined the Constitution and Laws of the State oL Colorado and the Charter of the City, a certified copy of the record of the proceedings of the City taken preliminary to and in the issuance of the bonds, and bond numbered one of said issue, and that the Bond has been properly executed and i s in due leyal form . The opinion will state that the bonds are valid and legally binding upon the City, payable solely f rom the special fund described above, and that the obligatio n s incurred by the City in issuing the bonds are subject to applicable laws of bankruptcy and the reasonable exercise of the police power of the State. The last paragraph of the opinion will express an unqualified opinion as to the exemption of interest on the bonds from federal taxation and from taxation by the State of Colorado . The matters passed upon by bond counsel do not extend beyond those mentioned in the preceding paragraph. The opinion will state that bond counsel has not independently investigated or verified the adequacy and accuracy of the information con- tained in the Official Statement , Prospectus, Offering Circular or other similar documents, if any, and therefore assumes no re- sponsibility for the accuracy, completeness or fairness of any statements made in connection with any purchase or sale of any of the bonds . Addltional information concerning this issue and the C 'ty may be obtained from Mr. Gary R. Higbee, Director of Finance, Municipal Bu1lding, 3400 So. Elati Street, Englewood, Colorado 80110, or from Hanifen, Imhoff Inc., 1125 Seventeenth Street, Suite 1700 , Denver, Colorado 80202, the financial consult ant to the City . The City Council has expressly consented in writing to authorize Hanifen, Imhoff Inc., either alone or wi th oth rs , o s bmit a b1d for th purch se of this issue of bond s . DATED at Englewood , Colorado, as of the 16th day o My, 1983. S E A L ATTEST: /a/ Gary R. Higbee Director of F1n nc , CLty of Engl wood, Colorado Publl.s n: Publish on: Englewood S nt n l ay 18 , 1983 -5 - /a/ Eugene L . Ot1a Mayor City o Englewood, Color do • I • • • • 3. In addition to the publica tion of the notic e of sale, the Director of Finance and the Financial Consul t ant ar e authorized to forward a copy of the Prospectu s and notice of sal e to those investment banking firms , banks and otn -: ... >~no migh t b e interested in bidding on bonds of the City. :-:te prior action of the City Council in designating Hanifen, Imhoff Inc ., as Finan- cial Consultant to the City, is hereby ratified and approved; and that the fee paid or to be paid to such firm is fair and reasonable compensation for services in acting as Financial Consultant. Hanifen, Imhoff Inc., may, either alone or with others, submit a bid for the purchase of the bonds, and in such event, the fee paid or to be paid for financial ad vi sory s ervices shall not be deemed a discount for purposes of the par sale requirment. 4. That if any one or more sections or part s o f thi s Resolution shall be adjudged unenforceable or invalid, such j u dg ment shall not affect, impair or invalidate the rema i ning provisions of this Resolution, it being the intention that the various provisions hereof are severable. ADOPTED AND APPROVED This 16th day of May, 190 3 . ( S E A L ) AT EST : Directo r ol Fi nan ce x off1c1o C1ty C erx-Tr sur r I , G ry . Hlgb , X offlClO C1ty of Eng woo , Colorado , h forego1n9 1a a ru , ccur t o . s r a o 1983. -' - Mayor sur r o h tify th th abov nd copy of R eolutton I • • • • J C 0 U N C I L C 0 M M U N I C A T I 0 N DATE AGENDA ITEM SUBJECT Ma 11 1983 fc>l1 A proposed amendment to the Comprehensive INITIATED BY Landscaping Regulations. City Plapn1n& and Zoning Cnmg1ppjgp ACTION PROPOSED Receive the recol!lllendation pf the Planning Commission rgl etbu~ t o the amendment to the Comprehensive Zoning Ordinance, and request the City Attorney pre - pare an ordinance in re ar~tion of a INTRODUCTION AND BACKGROUND: The 1979Comprehensive Plan, which was adopted by City Coun c il Re s olution No. 49, Se r ies of 1979, sets forth specific goals for the City, and identifies courses of a c t i on t o be taken to implement those goals. Since that time, the Planning Commission has proc eeded 1 to address the courses of action through its work program. The Landscaping Regulations are a by-product of the Comprehensive Plan. ( Th e proposed Lands c aping Regulations were dev elo ped by t h member s of the Planning Com- miss ion after meeting with member s of th Parka an d Rec r ea tion a nd Planning s taffs , re- s earching regulations in other munic ipal iti a , and a ft e r con aider ab l d i scuss i on among t he member s. R gula tion Hiah-li&hta . * The Landsc aping Regul ation s hav e be n design d in an ffor to create an attr ac t ive liv ing and wo rki n g env i r onaant in th City , to encourage quality deai n which re- lates a truc tu rea t o the huaan acale, to pro.ote co.p tibility betw en industrial nd adj a cent r aid ntial diatricta, and to proaote th inatallation of drought- toler nt, 1 -aainten ce planta. It w a the opinion of the aajority of th C .. iaaion ... b ra that the r aulatlons should no t a pp ly to peraona conatructin or r h a bilitating ainale-faaily hoa a in th -1-A, R-1-1 , or R-1-C Sin le-faaily eaid ence Diatricta; h ver, th regula- tiona uld a pply to p e r sona conatructin chu r ch a , achoola, or public buildinaa in t hoae d i a t ricta. In aakin thia d i aton, th ... b r a w r o th opinion that persona conatructtn or purch at ain 1 -f aily hoa a in thoa diatricta would provi de l an da apin& nd th r nt did not n d to b ia a up n th Th r ula tona vould apply to aajor reaodeli in th di d ntial/prof aional diatrict, nd h c parkin lota pr vidin ap a for SO o .a oina r i- •· All ndacap d. I • • * • • • Mixed Use and Planned Developments would be reviewed independently of the minimum requirements, but would be required to adhere to the goals of the Landscaping Regulations. The Commission is aware that there are some situations in which a developer cannot provide an area for landscaping on his site because of the characteristics of the land or the location of existing In these instances, the recommends that the develo be rovide 1% of the value _[und, and it was assumed Department 81though th!B ls not addressed * The proposed regulations would require the owners to maintain the landscaped areas and failure to provide adequate maintenance;;QUld give the City cause to take action. * * _A Planting Gu~for low-maintenance and water conservation ideas would be provided by the City. This document is being finalized by the Planning Division and the City Forester will be available by the ·time the Landscaping Regulations are in place. re uired to be submitted at the time of the ap- 1.E COHMENDATION: After having given very careful consideration to the drafting of the proposed Landscaping Regulations, and after having considered the proposed Regulations at a Public Hearing, it is the opinion of a majority of the members of the City Planning nd Zoning Commission that the City Council should give favorable consideration to the proposed Landscaping Regulations. The members of the Commission further recommend that the City Attorney b requ sted to prepare an ordinance for the proposed ddition of a new section, 122.40, Landscaping Regulations, to the Comprehensive Zoning Ordinance and that a Public Hearing thereon be called. SUGGESTED ACTION: ICVED IY ___________ _ SEC~-------------- Yli _____ ~MO ------~AISENT ____________________ __ • I • • • • FINDINGS AND DECISION OF THE CITY PLANNING AND ZONING COMMISSION CITY OF ENGLEWOOD, COLORADO IN THE MATTER OF CASE NO. 8-82 ) FINDINGS OF FACT, CONCLUSIONS ) AND RECOMMENDATIONS RELATING ) TO A PROPOSED ADDITION TO THE ) COMPREHENSIVE ZONING ORDI-) NANCE, 122.40, LANDSCAPING ) REGULA'UONS. ) II Public llo:Hing was held in connection with Caae No. 8-82 on April 5, 1983 in the City Council Chambers of the Englewood City Hal l. The following me mbers of the City Planning and Zoning Commission were present: Messrs. Carson, Steel, Senti, Tanguma, Venard, Barbre, and Mrs . Becker. Messrs. McBrayer and Allen were absent . Th e Pl anning Commission, after review of evidence take n dur i ng t he pub l ic h earing, study sessions held during several public meetings , an d a s urvey of other landscaping requirements from the Denver metro pol i tan a rea, makes t he following findings of fact. FINDIN GS OF FACT 1. That prop er notice of the Pub l ic Hearing wa a g i v en. 2. That a londacapin ordinan ce waa hiah on th 1982 priority liat of a oala and objective• adopted by t he Plannina and Zoning Co iaaion. 3, That in preparin the l a ndacapin& aection of the Comprehen- aive Zenina Ordinance, the reaulatlona included are neceaaary to gain quality development. 4, That the lendacapin r aulationa relate to aultl-f mily, co erclel, and induatrial ar a of !n&lewood, S. That the purpoa of the lendecep1n aection of the Compr - henaive Zonln Ordinance 1a to: a) in the City. Create en attractive livin and worklnJ nvirorua nt b) coura e u lity d al n huaa ecal • e) Pr0110U c r eid tl 1 di trl te. etlbillty b tw ich r let at ru tur tu ln uetrlal nd dj \t I • -• • .. - -2- d) Provide balance between the individual developing privat e property and protecting the public against unrestricted proliferation of development. e) Promote the installation of drought-tolerant, low- maintenance, plants, 6. That before any development in the applicable zone district s can take place, the developer must submit landscaping plans at the time of building permi t application. 7. That b~tfot"e an Occ\lpancy permit is issued, the minimum land- scaping requirements set forth in the ordinance must be met. 8, That, in addition to landscaping requirements in t he mu l ti- family, business and industrial zone districts, pt"opoaed parking l o t s having a capacity of 50 or more cars in all zone ~i st r ic ts wi l l be re qu ire~ to meet the minimum landscaping requirements for parking lots. 9. That the property owners will have responsibility of main- taining the approved landscape plan. 10 , That where it is not physically pos sibl e to land scape on - site , the Englewood Lands c ape and Fine Art Fund will b e es t ablis hed and the property owner shal l deposit 1% o f the value of the development i nto the fund. 11. That no persona wer p resent during t he public hearing wh o wi sh ed to addresa th e Commisaion eith e r in favor o f o r in oppo s i t ion to the proposed landsc aping ordinance , CONCLUSIO S 1. That pr op r notice was aiv n. 2. That t ha purpose of tha landacapina ordinance ia to cr ata an a ttra c t ive anvironaant in tha City and ncouraa a quality in daaian of buildinaa . tW 3. t t h a l ande c a p a induetrial ueaa and adj1c 4. That th Pl n in d Zo tn Co iaai Co uncil that th y adopt tha Landecap Ordin nea. Upo I r at a S, 1 l. • vo • t1 0 patibility be- ,.ICOBIClelld t City t uol • • • .. • -3- Those members voting in favor of the motion: Messrs. Senti, Stoel, Tanguma, Barbre and Mrs, Becker. Those members voting in opposition of the motion: Messrs, Venard and Carson, Those members absent were Messrs. McBrayer and Allen. BY ORDER OF THE CITY PLANNING AND ZONING COMMISSION, Milton E. Senti Chairman • I . • • •' • DRAFT V April 12, 1983 March 31, 1983 February 22, 1983 September 28, 1982 June 3, 1982 LANDSCAPE ORDINANCE (A Section of the Comprehensive Zoning Ordinance) 122.4D Landscape Ordinance. a. Statement of Intent, The City Planning and Zoning Commission and City Council recognize that landscaping is a necessary means of gain- ing quality development, of creating visual and environmental public arne- nities, and for enhancing the multi-family, commercial, and industrial areas of Englewood. It is to this end that the following goals are set forth and the regulations in this section are deemed necessary: (1) To create an attractive environment for living, doing business, and working in the City of Englewood, and to provide relief from the high concentration of off-street paved parking areas along local, arterial, and collector atraets, (2) To encourage a quality d sign buildina concept and to require a desi n that contributes to context, that en- hancaa or compl .. ents what exists, that racoanizas the strsat or site as t.portant, and ralat a structures to u n scala. (3) To pro ots a compatibility bstw n indu tri 1 u s nd dj c t rssid ntial districts • • I • • • • • -2- (4) To provide a reasonable balance between the right of the individual to develop his property and the right of the public to be protected against the visual discord resulting from the unrestricted proliferation of development . (5 ) To require new development in multi-family, commercial and industrial areas to be landscaped and to require that the landscaping be maintained. (6) To promote the installation of drought-tolerant plants and low-maintenance landscaping wherever applic abl e . b. Applicability of Ordinance Standards. (1) It is rec ognized that persona who own or lease a r esidence in a single -family zon e dis t r i c t t yp ically plant a lawn and o therwise l andscape t he area aroun d the residence in order to c ut down on the a.oun t o f a ud, d i r t, and du s t t hat i s t rac ked in t o t he r esiden ce, to a ak e th use of the property .ar e function a l and enjoyable and to iaprov the appearance of and incr ae the valu of the prop rty. or th 1 r aaons, the r aulationa do not apply in t e l-1-A, -1-1, or R-1-C Zone Diatricta. Tha ainia landt apin& for public buildinas, churchee or educational inatitution in th l-1-A, -1-B, or -1-C Zona Diatrict hall co ply with t ain r quir nta of the -3 Zon 01ttr1ct, 122.4D-c 2 lf(2) 122.40-d, P rk n D I ir t11 All iatrt tt • I • • • • • -3- (2) These regulations shall apply to any new development or to any property on which the principal building is remodeled, which remodeling cost is equal to or exceeds 50% of the market value of the property, in the following zone districts: (a) Residential Districts: R-2, R-2-C, R-3, and R-4, (b) Commercial Districts: B-1, B-2, and B-DD. (c) Industrial Districts: I-1 and I-2, (d) Planned Development Diatricta and other Special or Mixed Land Uae Districts. (3) When, because of the characteria tiea of the land or the location of existing atructurea, it ia not physically poaaible or feasible to provide for landscaping on the aite, the property owner ahall deposit 1% ot the value of the construction into the Englewood Landscape and Fine Art Fund. Thia Fund ahall be uaed for landscaping of public areaa and/or the installation of art work on pub- lie property located aa n ar aa poaaibl to th property of th contributor. e. Hint.ua Lendaeapina ta, deeaptna a 11 To tapr t 0 ar of 1 nd, a lot, or parcel of 1 d by t d ora tv • I • • • • • -4- of grass, shrubs and trees (and/or altering land contours). Landscaping may include lawn, flower beds, shrubs, trees, orna- mental objects such as fountains, statuary and similar natural ornamental objects and pedestrian walkways designed to produce an aesthetically pleasing effect. 1. · All Districts: (1) It is intended that areas of land not covered by buildings, or other structures, or by natural landforms such as water bodies, shall be landscaped within the specified percentage of total lot area requirements as set forth for the individual districts. Plans for such landscaping shall be submitted at the time of the application for a Building Permit . (2) No artificial trees, shrubs, turf or plants sh 11 be used to fulfill the minimum land1capina requirement• as 1et forth in thi1 section. (3) All land1capin contain d within th public ri ht-of-way 1hall confor. to inltallation and .. intenanca 1tandard1 of tb City Tre Ordin nc • (4) Tha City •hall provide a raco .. info tion on appropriat typ of tra a atv n ar • alo vit in truction for pr t1 ulnt of 1 c:apin • • • v th pl t for r 1 tall -I • • • • • -5- 2. Individual Districts: (1) R-2 and R-2-C Districts: (a) A minimum of 40% of the total lot area must be land- scaped. (b) 40% of the total landscaped area must be in the area described as the front yard. (c) 90% of the landscaped area must be of living materials. (d) One street tree is required per 40 linear feet of frontage and is to be located a minimum of 5 feet from any paved surface. (2) R-3 Di1trict: (a) A minimum of 251 of total lot ar .. mu1t be land1caped. (b) 401 of the total landscaped area .ust ba in the area da~cribad a the front yard. (c) 501 of the 1 dscap ar .uat b o{ livi aatariall. {d) One stra t tree 1a requir p r 40 lin r h t of front.- a a d 1a to be locat a ain of 5 tr ny paved eud a, • I • ' • • • • -6- (3) R-4 District: (a) Minimum landscaping for residential properties same as R-2. (b) Minicum landscaping for professional properties same as R-3. (4) n-1, n-2, n-DD, I-1 and I-2 Districts: (a) Minimum of 10% of total lot area must be landscaped. This provision shall not apply in the area identified as The Commons in the B-DD District. (b) 50% of the total landscaped area must be in front of the building line. (c) 50% of the landacap d area muat be of livina materiala. (d) One etreet tree 1a required per 40 linear feet to be located a ainimua of 5 f et froa any pav d aurfa ca . ( 5) Mix d Uu and Planned Dev lopaante: •• develop~~ nte aay be review d indap nd ntly of the ainiaua requ re.enta 1 t forth 1n thia ordinance owin to n ov rall landacaptn d - ai n of laraar a ala, but ahould adher to th aoala outlin 1n ction l, a d • I • ' • • • -7- (a) Should provide not less than that amount of landscaping required in the underlying zone district in the case of a Planned Development; or (b) Should provide not less than that amount of landscaping required in the B-1 and B-2 Zone Districts in the case of a Mixed Use District. d. Parking Design Requirements: All Zone Districts. (1) If propoaed conatruction of off-street parking area contains 50 or more stalls, 10% of the total parking lot area must be landscaped with 25% of that area to include living landscape materials. (2) The 25% living material must include a minimum of one tree per 50 square feet. (3) In addition to the lOX requireaant above, parkin& areas that are adjacent to etraata .uat aeat tbaaa r quire nta: {a) A buffer line aball ba located batw tha atraat curb line d tb parkin& ana and ahall not b 1 a th 10 feat in width aa aur d from th prop rty line. A concrete atrip of two (2) feat in width to allow for parked car ovarhana, peel atrian alkway , d bik. path aay ba al ow for in t 10 foo uf r ar I • • I t • • • -8- (b) Screening may be either a berm, fence, hedge, or com- bination of such. (c) Street trees shall be planted at the rate of one per 40 linear feet, less the areas used as curb cuts. (d) A minimum of 25% of living landscape materials must be used within the total area used for screening. (4) In areas critical to pedestrian and vehicular traffic, shrubs and other plants must be installed and maintained to provide clear visibility aa determined by the Traffic Engineer. e. Maint nance. (l) The owner of th landscaped araaa approved within the ait plan will have the ultimate responsibility for all necessary aaintan nee of treea and landacap .. tariala, includina watarin , we 6in , prunina, p at control, ate • (2) Pailure to provide ad quata .. tnt deterioration of tr a, turf, or pl th objac:tiv a of thi ordin ca, 11ry It p alt lition o a of pr rty f Cit t orr ce raaul in in th teri 1, v let City of 0 • by ey for: t • • • • -9- (3) Refer to City Recommended Planting Guide for low-maintenance and water conservation ideas, which is on file in the Depart- ment of Community Development, • I . C 0 U N C I L DATE Ma 11 1983 • • • C 0 M M U N I C A T I 0 N AGENDA ITEM CDB SUBJECT The repeal of §22 .4-12 of the Comprehensive Zoning Ordinance, hich section was tit led B-3, Business Di st r INITIATED BY City Planning Commission ACTION PROPOSED Receiye the recgmmendatign gf the Cit y Pl annipi apd Zo p i na Cgnun is- sion relative tg the adoptign of the B-OD, Busipess-Dnwptpwn Develo pm ent Zo ne District, Public Hearing. INTRODUCTION AND BACKGROUND: In 1982 , both the Englewood Urban Renewal Authority, and the City Council approved the Englewood Downtown Redevelopment Plan, which addresses a specific area within the Cen- tral Business District. Section VI D of that Plan states that it is necessary to adopt a new zone classification in order to guide th development within that identified area because the present B-1 Business Zone District will not permit the type of mixed use development which is contemplated . The B-1 Zoo District also lacks the quality con- trol that is so n cessary if the Englewood Downtown Redevelopment Plan is to be imple- m nt d. In addition, the 1979 Compreh nsiv Plan, as am d d by City Council R solution 46, Seriea of 1981, states in section 20 that "Exilting ordinanc a whi ch uid dev lop nt should b r fot'lDulated to cr at a downtown zoning diltrict and to aet standards for d v lopment." Pursuant to th dir ctives in th Engl wood town lledev lopm t Plan and th 1979 Comp reh nsiv Plan, as am nd d, th City Planning and Zonin Comaisaion h consid r d n zon district whi ch is Ld ntifi d as B-OD, Business Downt D v lopm nt. This Zone District haa be n drafted with th int ntion that it would be appli area which ia th subject of the d v lope nt Plan nd th r ulatio would th le a t forth in both the En 1 w od town R d v lopm nt Plan nd th aive ning Comaiaeion h 1 Authority, th Engl ln i tion, th public h ld a v ral m ood Urban R - ood Downt D v lop nt Authority, a b ra of the Engl ood a a!f nd c naultante, prior to finalizin th propoerd r • th th Pl na. to a aur th I • • , I • • • • It is the opinion of the members of the City Planning and Zoning Commission that the proposed B-DD, Business-Downtown Development regulations would implement the adopted Plans. The B-3 Business District which the Commission would recommend be repealed, was adopted in 1963 when plans were still being considered to locate the Cinderella City shopping center on the former KLZ site at u.s. 285 and South Lafayette Street. The regulations address shopping centers having either less than twenty acres, or more than twenty acres in area and offer the thesis that in return for the privilege of constructing a shopping center in the City of Englewood, a developer would have certain responsibilities. The regula- tions then proceed to set forth those responsibilities in the form of limited permitted uses, height restrictions, types of signs, lighting, screening, etc. This District has never been applied to any parcel of land within the City of Englewood, and it would seem to serve no purpose to continue to include the B-3 District in the Comprehensive Zoning Ordinance. RECOMMENDATION: After having considered the proposed B-DD, Business Zone District at numerous public meetings, and at a public hearing, and after having reviewed the Englewood Downtown Redevelopment Plan and the Comprehensive Plan, and considered the written reports and testimony before it, the City Planning and Zoning Commission recommends that the City Attorney be requested to prepare an ordinance addressing the repeal of the B-3 Business Zone District and the adoption of the B-DD, Business-Downtown Development Zone District and that a public hearing thereon be called • SUGGES TED ACTION: MOVED BY ___________ _ S CO HO ___________ _ VES ____ NO ___ __,....,s NT,----------------- • I • • • • FINDINGS OF FACT AND CONCLUSIONS OF THE CITY PLANNING AND ZONING COMMISSION CITY OF ENGLEWOOD, COLORADO IN THE MATTER OF CASE NO, 9-83, ) FINDINGS OF FACT, CONCLUSIONS ) AND RECOMMENDATION RELATING TO ) THE REPEAL OF §22,4-12, B-3, ) BUSINESS ZONE DISTRICT, AND ) THE ADOPTION IN PLACE THEREOF ) OF B-DD, BUSI NESS -DOWNTOWN ) DEVELOPMENT ZONE DISTRICT, ) WliTCll !lAS 8F.F.N DESIGNF.D TO ) GUIDE THE DEVELOPMENT IN A ) DESIGNATED AREA WITHIN THE ) ENGLEWOOD CENTRAL BUSINESS ) DISTRICT. ) A Public Hearing was held in connection with Case No. 9-83 on March 22, 1983, which hearing wa s continued until April 5, 1983, in the City Council Chambers in the Englewood City Hall . The following members of the Ci ty Planning and Zoning Commission were present during the Hearing on March 22, 1983: Mrs. Becker, Mr. Carson, Mr. McBrayer, Mr. Senti and Mr. Stoel. Mr. Allen, Mr. Barbre, Mr. Tanguma and Mr. Venard were absent during the hearing on that date. Mr. Barbre, Mr. Tanguma, and Mr. Venard subsequently listened to the recording of the portion of the Hearing which was held on March 22, 1983. Members present at the continued Hearing on April 5, 1983, were: Mr. Barbre, Mrs. Becker, Mr. Carson, Mr. Senti, Mr. Steel, Mr. Tanguma, and Mr. Venard. Members who were absent were Mr. Allen and Mr. McBrayer. Th Planning Commission, after having reviewed the evid nee taken during the Public H aring, the report of the staff and after having discu1s d the propos d zone district with meMbers of the Englewood Downtown Development Authority, the Urban R n wal Author ity, the Engl wood City Council and othsr interested persona at several public meetings, aakas tha followina Findin s of Fact: FI Dl CS OF FACT 1. That notice o! the Public Hesrina wa• given in the Enal wood S ntinal on Karch 2, 1983. 2. That the Englewood Downtown Redevalo~ nt Plan wss pr pared nd approved by the lawood Urb n Ran sl Authority and approved by th tna1 ood City Council by Raso1ut1 • 39, aries of 1982, follow1na e Public Hearin on Au ust 23, 19 2. 3. That action VI D of the approv d • nt Pl n stat tha a n &on claaaif1cation od Downto lop- nd I • , • • • -2- guide the development within the redevelopment area because the present U-1, Business Zone District does not permit the type of mixed use development which is contemplated in the Redevelopment Plan and permits certain uses which would not be appropriate in the redeveloped downtown area. 4. Th at the bulk and height of buildings within the redevelopment area should be controlled based on their proximity to the pedestrian-oriented way adjacent to Little Dry Creek and along what is now West Girard Avenue, which would be identified as The Commons under the proposed B-DD Zone District. 5, That guidelines which will address the quality elements of const ruction within the redevelopment area will be prepared, which guide- lines will be enforced by a design review team. 6. That the focus within the redevelopment area is upon people and the uses permitted in the Business-Downtown Development Zone District ure ue!;lgneu to ucconnnuuutc the <.!welling, employment, t~hupplng, pert~unal services, cultural and recreational needs of those people. 7. That the Business-Downtown Development Zone District addresses three areas: The Commons, The Center, and The Periphery, 8. That unless otherwise provided in the Business-Downtown Develop- ment Zone District regulations, uses in that District shall be subject to §22.5 of the Comprehensive Zoning Ordin nee, the Supplementary Regulations. 9. That the Business-Downtown Development Zone District regula- tions address the following matters: a. Permitted Principal Uaes; b. Conditional Uses; c. Prohibited Uaes; d. Esp cially Permitted Activiti a; Acceuory Uaea; d. Requirem nts for Dev lopment euch aa minimum floor are , rn xl.mu1n h illhl of buildlngli , minimuua llulbock, muxlmuu1 bulk of buildings, off-street parkin , usabl op n sp ce, landacapina and utiliti a. 10. That provieion ia aade for th appoint• nt of a Downtown 0 eian R v i Co ittea by the City Council nd the scop of coneidaration nd the jur1ad1ct1on of the Co ittaa aa well •• the procedure to be follow d by the Co itta ie aet forth in the uein s-Downto D valo nt Zone Dietrict r ulati na. 11. That at th H erin on Hr. th Cu t I • • • .. • -3- 13. That there were no persons present at the continued hearing on April 5 , 1983, who wished to address the Commission relative to the pro- posed Business-Downtown Development Zone District. CONCLUSIONS 1. That proper notice of the Public Hearing was given in compliance with the Comprehensive Zoning Ordinance. 2. That the proposed Business-Downtown Development Zone District will imp~ement the Englewood Downtown Redevelopment Plan which was approved by the Englewood Urban Renewal Authority by Resolution No. 2, Series of 1982, on the 19th day of May, 1982, and by the Englewood City Council by Resolution No, 39, Series of 1982 on the 23rd day of August, 1982. 3. That the proposed Business-Downtown Development Zone District will implement the Goals of the 1979 Comprehensive Plan. 4. That the Business-Downtown Development Zone District is necessary to guide the development within a designated redevelopment area within the Englewood Central Business District and to this end, is necessary for the health, safety and general welfare of the people who live, work, shop, own or lease property and/or enjoy the use of public and private facilities within that area. RECOMMENDA 1'ION Therefore, The City Planning and Zoning Commission approves the propos d Business-Downtown Developm nt Zone District regulations and refera the proposed B-DD Zon District regulations to the Englewood City Council with a favorable recommendation for their consideration. Upon a vote taken on a motion made by Kra. Backer and seconded by Hr. Carson, aav n persona voted in the affirmative; no persona vot d in op- position to the motion and Hr. Allen and Kr. McBrayer wera absent. BY ORDER OF THE CITY PLANNING AND ZO I G COMHISSIO • • I . • • - 1'1\0I'O~H:U !l.Y!I.tlJ1>!1l'LJ.>!tV!U-.Y.!'.tt.£!.KL.!l1 ~JltJ£1 .. 11-.!Il-!t.YJ::..f.Yltlll!'l.1'1:l Mn i'ch II, I'J U'I ( 1\H 1\lltC illil'd l JII '•I 5/'d 'J ) Ul.!NL!!RAL.. !l'l'A'l'liM.UN'l.' 01-' !N'l'll:N'1' I ' • ' •• I ' ••••• ' • ' ' • ' • ' I ' • ' • '' I •• ' • ' • ' • l l, APPLICATION OF SUPPLEMENTARY REGULATIONS,,,,,,,,,,,,,,,,,,,,,,,, 3 I 'I. USES I • 'I I'. t I I. I' I''.''. I . I'. 'I. I'''' I' t' '' •• 'I '.'I'' ••. "'' ''I.. 3 A. Permitted Principal Uao.a,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 3 J:i. Conditional Use&,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 5a C. Prohibited Uaaa.,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 6 D. l!spGciolly PGrm:Ltted Activitiea,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 6 E, Accessory Uses. , ••• , , , , , , , , ••• , , , , , • , , , , , , •• , , •• , • , • , • , , , , • , 8 III. REQUIREMENTS FOR DEVELOPMENT,, , , , , • , • , . , , , , , , , , , , , • , •.• , ..• , , , .. 8 A, Minimum Floor Area,,,, •• ,,.,,,, ••••• , ••• , •• ,,,.,,,,.,, •• ,.,. 8 B. Maximum Haiaht of Buildin&••••••••••• ,,,,,,,,,, ,,,, ••••••••• H c. Minimum Setback,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 9 D. Maximum Buildina Bulk. ••• , , , •••• , •••• , ••••••••• , •• , • • • • • • • • • • 9 E. Off-Street Parkina.,,., •• , •••• , •••••••••••• , ••••••••• , •••••• 10 F. Uaable Op•n Space.,,,,,,,,,,,, •• ,,,,.,,,.,,,,, •••• , ••••• , •• , ll G. Landecapina., •••• ,, ••• ,.,,.,.,.,, •• ,, •• ,, •• , •••• , ••••••••••• 12 H. Utilitiea, •• , • , ••• , , • , • , , , , , • , , , , , • , , •• , ••• , • , ••• , •••••••••• l2 IV, IMPLEMENTATION, •• , ••• ,,.',.,,,,,,,,,,,,,,,,,,.,, ••• ,., ••• , •••• , •• 12 A. City Co neil Findina• and Conc1uaiona ••••••.•••••••••••.•••• 12 B, Appoint~ent of Downtown Deaiaa Jaview Co .. ittee,,,,,,,,,.,,, 13 c. cope and Juriadiction of Downtown Deaian Jaview co .. ittee,, 13 D, Conditione of Approval of a Deaian Javiev Application ••••••• l E. Procedure for App1yina for D aian view ••••••• ,,,.,,.,,., .• 15 l. ho-appl.1c:at1on inforution ••. , .•••.• , ..•.•• , ••.•••••.•• 15 2 . Pre-application conference •.•• , •• , .•••••••••. •. • • • · • • • • • 16 3 . Application for Deai laviw ••••••••••••••• , .••••..•.•• 16 • I • • • • • • F . Procedure Following Committee Review •..••.. ,.,,,., .•.. ,, .. ,, 19 Action on the Application .••..• ,,,,,,,,,,,,,,,,,,.,,,, •. 20 Appeal •... , .. ,, .•. ,.,.,,,.,., •• ,,,,.,, •• ,.,,,.,,, •...... 20 Building Permit Application ••••••••••••••••.•••••••••••• 21 • I • • - • • • • -1- GENERAL STATEMENT OF INTEREST. This Zone District has been designed to guide the development in a desig- nated redevelopment area within the Englewood Central Dusincss District, in an effort to create an attractive and competitive commercial center which will serve as a focus for community activity and community pride. The ob- jective of this District is to connect the existing retail center on South Broaoway with Cinderella City; to create an auto-free pedestrian area for shopping, recreation, and community activities; to attract business and pro- f t!ss ional pa rsons to both live and work in the area; to prov.ldl.! a pcopi.!C balance of public and private uses; and to encourage the construction of projects which are compatible with the surrounding residential areas. Accomplishment of these objectives through this flexible zoning ordinance will result in a well-planned downtown development district which wi ll meet modern city needs and provide for more compatible and effectiv development p tterns. This cou rs e of action is desirable at this time b coua p ople are dia- co ve ring the cultural, social and intell c tual opportuniti a in th city center and because of a ahift in life atylea du to high ne r make commutina leas attractive. To th •• ends, the Do nt n Develop nt District provid 1 a hi coati which r d lity, ~ixed u1e d velopment ich includ a: r aid ntial unitl, c nv 1 nc d p raon 1 service co rcial u , 1p cial ua 1 uch and cultural faclliti , prof aaional and n ral offic , c rtain pub11 [aciliti 1, tnd a h t 1 nd co v nti n c nt r. cau of th p trt ori ntatton of thia Diatrict, r tail ra ar ncour d ltv ry of lara it d/or • I • • • • .. • -;!- f r om a war e house a t a location more appropriate for such usc. Th e district is to be divided into three areas: 1 . The Commons, the public open space bordering Little Dry Creek and along the right-of-way for West Girard Avenue, together with the de- velopment which fronts on this open area. The uaea permitted within the Co mmons are pedestrian-oriented and focus upon activiti~~ which encourage active community involvement. 2. The Cen t e r, the more intensely developed activi t y center, which is epnra t cd f rom, but hn s acc~ss to the Commons. 3. The Per ipherv , the "b u f f e r" he tween the activity center llnd residentia l area t o th e north of West Floyd Avenue. It is the City Co unci l 's i nte nt that the development in each of thes e areas be deaignc.d to compleuaent the dev elopment in the other t wo ar as, an d t ha t in the aurroundinR neiBhborhood. To aaaura the quality of velop nt aouaht by th ettta n or Bnal ood, n Downtown Deaisn aview Co ittea will be appoint d to ravia develop nt plana whtch ullt b aubc'litted for any ne construction or tnnjor odd tiona or nll••rn- L tona to xiat n bu ldinga in th Downtow n De vel p nt Dhtrict. The.: Down- town n iAn R vi Co itt e ahall r vi auch pl na to n un• conf!Ht•mu·•· w th adopted daai n auidalin a a nd the Dow ntown Rede velop ant Pl n , while th ult~ata r apon ibilitv tor ntorcinR th r quir • n • t forth in thtli • I • • • • -3- Zone District lies with the City through the Department of Community De- velopment. I . APPLICATION OF SUPPLEMENTARY REGULATIONS. Unless otherwise provided in this Ordinance or an amendment hereto, the uses in this Zone District shall be subject to the requirements and standards found in Section 22.5, Supplementary Regulations. II. USES. a. Permitted Principal Uses. No building, structure, or land shall be used and no building or structure shall be designed, erected, struc- turally altered, enlarged, or maintained except for the following retail businesses, personal services, residential dwelling units, and e stablishments according to the current meaning of these uses: (1) Antique store; (2) Apparel and accessory store, not more than 20% of the stock to be of second-hand origin; (3) Art gallery; (4) Barber shop; (5) Beauty shop; (6) Bicycle shop; (7) Book store, shell not include adult book store and/or adult entertainment eetablie nt; (8) (9) (10) Camera and photographic supply etore; Candy, nut end confectio ry store; Child car c nt r; (11) Collection end diatribution atetion for laundry and dry cleenin ; • I • • ( • • • • -4 - (1 2) Danc e studio f or privat e instruction; (1 3) Department, dry goods and variety goods store ; (14) Drug store; ( 15) Eating and/or drinking es tablishmun t , need no t b l! enclos ed ; (16) Educational institution, especially t hose ori ented toward adult education or second-career training; (17) Financial institution; (1 9) Flor n l shop; (19) Furniture showroom; (20) Gift or novelty store; (21 ) Glass ware; crystal or china store; (22) Grocery s t ore and/or food market; (23 ) Hardware store; (24) Hobby supp ly s tor e ; (25) Home f urnishing store; (2 6) Hotel and co nvention center; (2 7 ) Intu r io r decorator; (28) Jewel r y s t ore ; (29) Librar y or reading room; (30) Liquor a tore (aale by package); (31) LuJlp.spe star (32) Municipal us • under conditions de d appropriate by City Council; (33) (34) (35) (36) Muaic lllor N wa atand (or th l of no w p p r, n~& lin~, ''Lc.); Otttces, proteaatona l or buain8111 Office aupply howro (37) Optical and tcientific tnetr~ent • PI • I • ( • (38) (3 9) (40) (41) (42) (43) . (44) (45) (46) (4 7) (48) (49 ) (SO) (5 1 ) (52) (53) (5 4 ) (55) (56) (57) (58) (59) (60) (61) • • • Parking lot or parking structure; Pet store; Picture framing; Photographic studio; Photostating and blueprinting; Physical fitness center; Printing and copying (Equipment up to 17~11 x 22~"); Public buildin~s and public facilities; Rc aluc n t ial, mul ti-f amily; -5- Restaurants, may be open air, but not including drive -in; Shoe repair shop; Shoe shine stand; Shoe s t ore ; Sporting goods store ; Sta tione ry Store ; Ta ilor shop; Ta xi Cab a t nd ; The a t r e , movie or liv Th atrical studio ; Tob a cco shoppe; Toy store ; Transit canter; Travel aaen y. Any similar l awful u e which , in th opinion of th Co iaaion, would bt consistent with the g n ral purpoa of this district and with th En l ood Do t n nt Plan. • I • • • • -sa- b. Conditional Uses. Provided the public interest is fully protected and the following uses are approved by the Commission, the following uses may be individually permit ted (Section 22.5-21 of the Comprclwn- sive Zoning Ordinance): (1) Amusement establishments including, but not limited to: Billiard Halls, Bowling Alleys, Coin-operated Games, Dance I . • • • -6- Halls, Electronic or Video Games, Night C:l ub s, Outd oo r Comm e rcial Recreational Facilities, Pool Hall!i, or Ska tinG Rinks. c, Pro hi bi t~d Ua ~s. (1) Adult entertainment and service cstabliahm~nta; ( 2) Manufacturing; (3 ) Outdoor storage of materials, supplie s, nnd C'f)u ipmC'n t on p ublic proper t y; (4) Harehou&ing of products or iteDIII not sold on the premis e s; (5 ) Sale at wholesale, d . Espec ia lly Perm itted Activities. (1) Outdoor ule of artwork, craftwork, flow e rs, fo o d and lilmilnr a rticles may be permitte d within The C011111ons sub ject to th1 • issuance of a specia l sales parmi t . (a) The Ma na ger of The Co~na ma y i u ue a perlllit for th l' outdoor r tail sale of articl s s uch aa ar t wo r k , craft- work , flowers , f oo d a nd similar oniclua w Lhin '!11~ Co ona subject to tho f o llowin condition.: ( ) That it wil.L not o ba truce th 110 llllOt oC pad strians throu h ar a s intend d for public a e or craate con ation on alljotn1 publt lid alb; (2) That it will not nerat an fua , ala or oth r e x t rnal wie e c n t1tutu du unt ur nu h ••, tf ct , or oLI r- ouya t •1 (3) t it will t e r a t a d bde or litt r pro bl it , b cau of t tur o tv1ty 1 l1Ct •r • I • ' f • • • -I- cannot be avoided, the person in charge of the activity shall dispose of. the litter; (4) That it shall not obstruct emergency vchiclus. (b) Such special permit shall be valid for a period of not more than six (6) calendar months ami may be ru- newed at the diacretion of the ~lanager provided thl• above set forth criteria are satisfied. (c) The permit may be withdrawn on notice if, in the opinion of the Manager, sub-section (a) above has been violated and no effort is made to correct the violation in a timely manner, (2) Outdoor activities or special even ta such ns provided by musicians or mimes on a temporary basis. (a) Outdoor activities or special events such a11 provid<'d by mu11iciana or mimes may be permitted within The Common• if a temporary apecial event permit ia iaaued therefor by the l1anaJier of The Co11111ona. Such te~orary apecial event permi t &hall be 11ubject to tho following conditione: (1) That it will not obatruct the movo~cnt of pedeatriana thro h areaa intended for public u a or cr ate conaoation on IIJoinina public aid alka; (2) That it will not ROn rate on undue a unL or nota a, fu a, Blare or o th r ax t rnal ff c t11, or olh Ni conetitut n nuilloncu or nnnuyou ···; (3) That it will not cr .. ta ad bria or litt r probl I • • t • • • (4) That it will not obstruct emerr,o ncy vehiclc•11 , (b) Such temporary special event permit shall bu valid for a period of not more than one (1) week and may -!l - be renewed at the discretion of the Hanar,er, provided the above set forth criteria arc satisfied. e , Accessory Use, Any retail or service us e not proh1bitc>d 1n thiH Di s t r i ct whic h is provided for the accommodation of the tenants, clients, patrona or customers of the Permitted Principal Use, and whi ch is located in the same building or structu re. Th e Ac ce~~ory Use mu st be subordinated and clearly incillontal t o a nd CUIItOmllrv in conne ction with the Permitted Principa l Ua e , An Acces sory u~u could be, but not limited to such uau u a radio or TV ant nna , a swimmin g pool , a t enn i s cour t , helipor t , etc . III. REQUIR&'tENT S FOR DEVEL OPMENT. a. Minimum Floor Ar ea. (1) Res i denti a l ua e: llfficiency or atudio .••. , .•.•..• ,,., ••...•• .500 aquare foot One bed roo ••••••••••••••• , • , ••••••••• , •••• 6SO equa re hat TWo b droo t I It It I It Itt It I I It It Itt I I tr f f t t t t 750 quare fa Each additional bed roo .•••••..•.•... ' ..... 110 equar ra t (2) All othur pbr tL d princip l u ••••••••• on b. aximum Height ot Rui dina. ( ) Th Co on • , •••••• , •••••• , , •••• , ••••••••.• The third floor ~ t floor 24 t t on locat d o th • t e U f t d h fourth rth t I of th but !lin t It • I • • • • -9- (2) The Periphery ............................... Twenty-five (25) feet. (3) The Center .................................. One Hundred Ninety (190) Fe<! t. c. Minimum Setback. (1) The Commons ••••••••••••••••••••••••••••••••• None {2) The Periphery ............................... Ten (10) feet from adjacent or adjoining r<!ldd unt lul db tric t. (3) The Center: (a) For development adjoining the south side of West Floyd Avenue, the setback shall be equal to the height of the building with the setback measur d from the property line. (b) /\11 oth e r Center Use ar a ••••••••••• Non • d . Maximum Building Bulk. (1) The Common s ............................... on • (2) The Pe riphery •••••••• , ••••••••••••••••••••• Non (3) The Cente r: (a) Kaximu width ........................ 150 feet (b) Kaxillu 1 nath of buildin .. .. • .. .. .. t r t thr ti • th vidth oC t butldtn • (c) C o tric eh p oth r th an r tan ular y thia width u j ct to t prov l of th ai n vi Co tt • • • • • -Ill- e , Off-Street Parking. Developers are ancourar,ed to provide parking in multi-lPVC'l struc- turc:s in ordc:r to conserve land, If it is not featlibl.e to do so, surface parking areas should be screened from the view of pedestrian ways by ml.!ans of decorative walls or fancl.!s, landacnpad berms or mature shrubbery. Parking shall be located no 1110re than 400 feet from the use it serves, If the developer aubmita a marketing or parking etudy prepared by a qualified profeaaional, and it ia approved by the Downtown Daair:n Review Committee, th following minimum atandarde moy be waiv1 •d. If th~ developer does not submit a marketing or parking etudy tu the Powntown Deaian Review Colllllittee, the following parking rc>qul r .. - menta ahall be applied: (1) Reaidential unital (2) (a) Efficiency and one bedroom ••••••••••• One (1) apace per dw lling uni L. (b) Two and thr bedroo ••••••••••••••• 0 d on -half (lJ ) 11 COli pur ellin unit. ( c:) or than thr cJro .............. u (2) 1ac 11 r d llin unit. tai PI •••••••••••••••••••••••••••••··0 r ur •rv '" • • • • I . • • • -II- (3) Office Space ................................ 'l'hrt·t• (1) pnrltlng apnc~s p0r 1,000 sq. ft . of net rentable are a . (4) Other use s ................................. To be app r opriaL'' f or t he pro po smJ ,,,.;,, ba aed on qualified pro- fl•saionnl. study, ur II H determined by thu Uown- town Deaig n Review Com- mit tee. f. Usable Open Space. (1) The Col111lona •••••••••••••••••••••••••••••••• None RequirNI. (2) The Periphery •.•.••••••••••••••••••••••••• 25% of the aiLe. (3) The Center ................................. 30% of the ai t1•. Lanrlacap d roof decks improved tor outdoor living, private balconi0s, and plazas may count toward the minimum ueeble open apace required Cor the lite. Open apace ar at ahould relet to th op n p ca in th~ Downtown Re v lop nt Pl n pplicnbl • h 11rovi ion ha 1 not aprly to build in h vtnu nn 1•nt ro1u '1' I • • w Lh n of a occ 1 to C 1 or 1 Ar a; ur lu Lructur of rtv (S) or ro riu11 • • / • • • -1/.- g. Landscaning, Landscaping as may be required hy the Landscaping Ordinance, h. Utilities, Uti 11 ty service to buildings in new dcvclopmuntll must bu placed underground, IV. IMPLEMENTATION, a, Citv Council Jo'indings and Conclusio!lll, The !inglewood City Council finds that the general appearance of the downtown business district affects the desirability of living, working or shopping not only in that area, but in the conrnunity as a whole, Poor quality ln thv .. x- terior design of structures and inadequate maintenance of struc- tures and landscaping impairs the uae of the exillting nnd potl'ntl;ll occupancy of other properties, to the detrim nt of the health, safety, comfort and general welfare of the citi&ena of Engl wood. The Council further finda that the evaluation of the quality of development is n cessary to acco~lish th purpo11e of thia Dhtril.l and to strengthen the viaual unity of th downtown plan, To inaure that new developm nt will ia locat d, th !ncl ood City Council con lut to appoint • Do ntown D aign Review C ittee to: ( ) th ai n of w bui din ej ~ (2) view plan for xiat1na bu11d1n hil t ti (3) evi a1te plana in ord r to • th t lOp!ll Ill ic 1t ory I • • • • -I.'J- Downtown Development District regulations; (4) Safeguard agAinst development that would not he in harmony with the Downtown Redevelopment Plan. b. Appointment of Downtown Design Review Committee, The City Council shall appoint a Downtown llutlign Ruviw Cou1uittuu wll .lcll 11hall co11HlHl of not more than five (5) members. These:-ml•mhcrs Hhnll be: c. (1) A deaign professional; (2) A representative of the Englewood Downtown Dev elopment Au thority ; (3) A representative of the Englewood Urban Renewal Authority; (4) A representative of the City of Englewood; (5) The fifth member to be appointed by the City Council should preferably have development background. The repreaentativea of the EDDA, EUR A and City of Rnslewood 11hn 11 preferably be the ataff 111embar in the organhation wit h akilla in deaign and Planning. Alternate memb ra of s i milar qualification& ahall b appointed by Th City Council to a rve in the aba nee of the regular ropr a ntati w. Tha co oaition of the co ittae ahould be r vi tho City Council and chonR e in th coM1l L\' deems e ppropriate to impl ~nt th objectives o d periodically by d,• n thu Counct 1 this District. Prtor to th 1 aix d u , c encu or a bu ld na it fur ny r •¥ d •ootl.tl , rcial, oftic o bU.c \18 , includ1n n atru - t r a or tor xt rior alt ratio r lAr ~ 0 tin tlltlk- • • • • _,,,_ tures and signs, the Downtown Design Review Committe e s hn ll .1pp r ovt· t h e pre l iminary drawings including building e l e v at i ons , landscaping, and site plan for such development. As a hnH iH f or t he review, the Committee shall use these zone tli11tr i c t rer,ula tio ns , the approved design guidelines , and the Downtown Redevelopment Plan . The approval of the Downtown Design Review Team tloes not ncgotc l in· necessity for the developer to comply with other applicable con- struction and fire codes. d. Conditions of approval of a Design Review Application. The Committee ahall approve the submitted plana if it finds tha t t h e location , Bize, architectural featurea ond neneral nppenr anc t• of t he p ropoa d dev lopment will not i111pair the ordorly and harmunluu11 d eve lopm n t o f th area, the present or future dev e lopment t hc rc •i n , the o cc upa ncy ther of, or the coi!IIIILinity as a whole, In making auc h fi n dinae, t he committee shall consider the following it mMl (1) (2) (3) (4) (5) (6) (7) ( ) Height , bulk, and area of buildings, S t ba cks fro property linea, Ex terior t r i als and colon. Typt' and pitch of r oo(e , Sh and p a ctna of v1 nd , doors , a d other op a ni n •· T r , c 111 ya, root etr ctu r • tla po "•• r io en ta vi s ion antann ot ott-tr t r ina a n ·11 1111 • ctrcula ti pl n . • • • • • (9) Location, height and standards o f exterior i.llumlnnt ·J on, (10) Location and screening of mechnnicnl eq uipmt1nt locntPd out- side of or on the roof of any enclosed structure. (11) Location and method of refuse storage and any other out- side storage, (12) Physical relationahip of proposed structures to existing structures in the downtown development district. (13) Appearance and design relationship of propoHed 11tructur('s to existing structures and posaible future 11tructurcs in the downtown development die tric t, and to public thoroughfares. (14) Propoaed signing, giving particular attention to incorporntinc the deaign of the sign into the overall dedgn of the dew lop- ment in order to achieve a homogenous effect. e. Procedure for Applying for Deaian Review. The procedure for applying for ftpproval of Deaign Review is fts follows: (1) Pre-applic:ation information . The applicant should contact the IJ partment of C011111unity Developm nt for a pre-opplic tion inforution packet. Th ia packot Bholl contnin: (a) A copy of tha Downtown Redevelop nt Plan. (b) A copy or thl Down to Dav lor-nt 7.on Di tric t ulationa. (c:) II ilt of applic:abla c:o<l (d) A py of th d4111 n IIIUidalinu. ( ) Info on ~ ou~ any app icahlu ruu • u II .... 1 oJ/u 1 ranaita. I • ( • • - (f) A summary of the development process. (g) A form for the request for n pro-nppli cati on con r l' rt•llCl' • (2) Pre-application conference. (3) (a) The developer shall submit the request for a pre- application conference co the Department of Conununity Development with the following in formation: (1) The location of the proposed development. (2) The proposed use. (3) The area of the site. (4) The floor area of the proposed building(&). (S) The height of the proposed building(&). (6) The approximate location on the site. The staff of the City departments which will be requircu Lu review the site plana and construction drawings for con f ornull ll '<' with applicable City codes, shall confer with the applicnnc and if there appears to ba any conflict between the applicnn t's p roposed plana for development and the requirements of thia Distric t or the Downtown Redevelopment Plan, the staff shnl! mak e s uch auggestiona as necessary to bring the plans int o conformance . '!'!\ n pltcant hall thon b J.nviuul to a uhn1 l l n llu vu l up ttliL pla n for Os s i a n aview. App Th app iea nt hall sub11it th following D din vi w d Ln to th Pl nni n Divilion of thu Dcp or tm nt of Con nuniLy • I • - • • • -II ·- Development: (1) A completed application f orm; (2) Two (2) copies of preliminary (not construction) drawings which shall include the following information as applicable: (a) Plot Plan. ~: Not 1e .. than l" • 40'. Content: (1) North arrow; ( 2) 'fi tlc Block: (a) Naaa of development {b) Name and address of ~pplicant {c) Scale {d) Date (e) NAIIle of per11on or firm preparing planH (3) Boundary linea of eubject property, fully dimenaioned; (4) Boundariee of immediately adjacent propertice; (5) Ad .1o1n1nR at nate, centerline and nama. Width ahould 1nclud any r qui rod atr et wide nina; (6) Outline ot propo d bu1ld1n a or addition• and thai r die tone: fro• th • pro11 r ty l111u and fro• ON W~other; {7) Propoead valllt and fane includin lwtuhL, aurfaca tr at nt and ~teriala; (8) Pr 11 hU. Luruw, J1H··•· tion d heiahtl • I • ( • • • -Ill·· ( (9) J.'ropost:d signs -lo'-'atlon, lwight, mat..,riuJ, and copy; (10) Approximate location of nearest wall of structure(&) on adjacent properties; (11) Parking layout showing tlrivt!wuyH, circulutlu11 patterns 411d circulation of re!Juircd parkin g spaces; (12) Location and width of all vehicular, pcdc>strinn and handicapped access co and from thu prop(Jrty; (13) Recreational facilities including use, loca- tion, dimensions and height; (14) Width and location of all existing or proposl•tl private or public easements; ( 15) Net area of building ai t • (h) lluilding Floor Plana. !£.!.!!.: Not leu than 1/8" • 1 10". (c) Building Elevationa, ~-: Not le11 than 1/8" • 1 1 0". Content: (1) Pront, r ar, and aide elcvntiona of act building; (2) Architectural featur a nd tr~et .. nt of exterior urfac in ludin d color to utili& d; (3) 0 r.1 nlion or 11 bl.lildin 1 41\d • ru ~ur~o~aq (4) itl b ock, 1 or P.xhf bit o. I; (') xterior hanical equip nt, 1 that th roota buildi d p tor r ni • • • f. Proc (1) H of a ceo h th th • • .. - (6) Solar equipment; (7) Shadow diagram; (d) Landscaping Plan. ~ Not less than 1" • 30 1 • Content: -1 '.1- (1) Treatment of all unpaved areaR not occupi c•d by structures; (2) Size, height and location of landRcap<.> oaate rlnls; (3) Scientific and common names of materials; (4) Street trees; (5) Title block, same as for Exhibit No. 1. (All 11ndscaped areas shall be provided 1~i th permanent irrigation facilities.) (e) Parking Plan. A parking study or documentation from the mark ting or financin ag nt that the number of propoe d parking apac 1 will cconrnodate lh1• n de of the dev lopmen t. • p 1c tion for DeliRn R lllruvt·ll, oow copy approv d pl 011 ....tll be return d to the applicant ali d by a tt r indic i Lt othar () y or th plana hll ubmitL d LO lh u - (llrtm nt u un ty D volop nt w th copy or Lll\• h ·ll••r to the applicant a v1a1na th D p n nt that th applice- • I . • • • • -L()-- tion is in conformance with the Down town Rudcve lopmu n t 1' I a 11 and this Ordinance, and that the p rocessing of th0 llulltll ng Permit application can proceed through the appropriate Clty Departments, (2) If the Design Review inforllllltion and preliminR ry drawinr,s are found not to be in compliance with the Downtown Red C!V••lup- ment Plan or this Ordinance, the applicant shall be notified in writing of the areas which need to he rPvlst•d . ( 1) The d t!vclop er shall submit the revised information to tht! (4) (5) Planning Division at least seven (7) days prior to the day of the meeting at which it shall be reconsidered by the Conr mittee . The Department shall file the pplication and pn•- limina ry drawings with the Commit tee, t ogether with a wr i.L •·n report including any comments of the various d epnrLmC!IIL~> relative to the rcvi ions. Action on th cation, Th Co tt • all ACt on th application within fount t''' ( 4) ya from the <.late of th etinR at which Lhc pl n 1 cone d red unl th applic t agr to an Xt naion o. Co tt II 1 tinal unlee ~p 1 in vr1t1n , a atin t reaaon for id PPt 1\1 to p Co ion Lhin r n (15) h· tl r 'I or tl d t or th II tion II by th Co ll' tt 0 th c tt • I • ' • (h) • • • -L I- Planning and 7.oning Commission, the Committee sh<~ll submit a written report to the Commission explaining tlw r e>nsons for the disapproval, In considering the appeal, the Commission shall not waive minimum or maximum requirements as sot forth lwrein for Llil' height, bulk, and area of buildings or setback from property lines. The Commission shall consider the appeal within fourteen (14) days or at its next regularly scheduled meeting, The d~ciblo n of the City Planning and Zoning Commission shall lx• flnnl. Building Permit Application. Upon the approval of tho nroposed Design Review applicatlon, th applicant would pr p re construction drawings and lllpl v for a Building P rmit in conform nc with the normal proc dur (7) Formal action on Conditional u.. ppl c tion1 il und r th jurisdiction of th City Planning and Zoning Co iasion, and Varianc application• lhall be sub itt d to and t d upon by th Boord of Ad!ust d A>p ls. • I • • • • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE AGENDA ITEM <oC.. SUBJECT An amendment of the Comprehen- sive Zon ing Map as it applies to certain INITIATED BY City Planning and Zgntna Commission ACTION PROPOSED Receive the recommendation of the Plannina Commission and request the City Attorney to prepare an ordinapce r elat iye to the proposed amendment to the NOTE: This action should follow the consideration of the B-DD, Business-Downtown De- velopment Zone District regulations. Absent the regulations, the map amendment would be moot. INTRODUCTIO N AND BACKGROUND: One of the several courses of action necessary to implement the goals in the Englewood Downtown Redevelopment Plan and the 1979 Comprehensive Plan, as am nded, is to adopt a new zone district which will guide the d velopm nt within a specified area in the Cen- tral Business District. The application of th t zen district to the specified area through an mendment to the Compr hensive Zoning Map wou ld follow. To this nd, th City Planning and Zoning Comm ission has r f rr d the proposed B-DD, Busin as-Downtown Development Zen District regulations to th City Council , and has conaid r d th application of that zen district to an ar a which can b d acrib d g n rally as being bound d by West Floyd Avenue on th north, by the Bro dway/AcODa all y on th sat in the 3300 and 3400 blocks outh, and by South Broadway and South Lincoln Stre t in the 3500 blo k, by U.S. 285 on th south , nd by South Elati Str t on th we st. This ar a is now within the B-1, Buain sa Zon Coapr h naiv Zonin& Map to rezon th aubJ t uatn as-Downtown Dev lopm nt, would obviou ly r ul ti na ar adopt d. District , nd th amend• nt to the a ·r a fro• B-1, Buain as, to 8-DD, proc d only lf the B-DD Zone District furth r divid d in thr d v lop• nd djac nt to Littl Dry Cr ek t forth above; Th P riph ry, an ar District north of West Floyd Av nu ; d at n d r a. • as • nt h natv wn I • • • • . ~ REC OMMENDATION: Fo llowing the Council's action to amend the Comprehensive Zoning Ordinance by adding the B-DD, Business-Downtown Development Zone District, the Planning Commission recommend s that the City Council request the City Attorney to prepare an ordinance to amend the Comprehensive zoning Map as set forth in Planning Commission Case #B-83, and to call a Public Hearing on that amendment. SU GGESTED ACTI fii)V(D IY------------ SlC~------------------------ Y 5 ------~M~-------~A~ I • • • • FINDINGS OF FACT AND CONCLUSIONS OF THE CITY PLANNING AND ZONING COMMISSION CITY OF ENGLEWOOD, COLORADO IN THE MATTER OF CASE NO. 8-83 ) FINDINGS OF FACT, CONCLUSIONS ) AND RECOMMENDATION RELATING TO ) THE REZONING OF A CERTAIN AREA ) WITHIN THE CENTRAL BUSINESS ) DISTRICT FROM B-1, BUSINESS, ) TO B-DD; BUSINESS DOWNTOWN ) DEVELOPMENT, BY AMENDING THE ) OFFICIAL ZONING MAP OF THE ) CITY OF ENGLEWOOD, COLORADO ) TO 'I'll AT 1-:N D. ) A Public Hearing was held in connection with Case No. 8-83 on Apr i l 5, 1983, in the City Council Chambero in the Englewood City Hall, a f t e r having been c ontinued from the originally scheduled date of March 22 , 19 83 . Th e f ollowing memb ers of the City Planning and Zoning Com- mission we r e present during t he Pub lic Hearing: Mr. Barbre, Mrs . Be cker, Nr . Carso n, Mr. Se nti , Mr . St eel , Mr. Tanguma, and Mr. Venard. Members who were absent were Mr . Allen and Mr. Mc Brayer . Aft er having consid ered t h e evidence presented during the Pub l i c He ring and th eport of th taU , nd a fter having discussed the proposed amend en t of the Co pr ehensive Zoning Map with members of the Englewood Downtown Develop n t Autho r i ty, t h Englewood Urban Renewa l Authority , t h fn lewood Ci t y Council and o the r interested persons at several publ ic m t- in&s. the Plannina Co ission ma kes t h e following finding s: rlNDINCS OF FACT 1. That notice of the Public Hearing wa s pu b lished i n t he official City ewapaper on March 2 , 19 8 3 , an d by posting the area which is proposed to be re~on d at 42 locations . 2. That a p id ntifyina the area which is propos d to be re&on d a attach d to ch o the sian• aivin notice of the Public II arin and was published in the offic al City N wepaper on H rch 2 , 1 83. 3. That the ar which is propos d to b r ~oned fro 1-l, Buai- ntt 11 t.o 8-DD, Uusine s-Downt.o wn U v lop111 nt, c n b deacrib d roughly uw b ina bounded by W et floyd Avenu on th north; the Br o dwey/Aco a all y on th a t in the 3300 end 400 bl k. outh , and by South Uro dwey nd S uth Lincoln Str t in the 500 block, by U.S. 28 S on th e aouth , nd by South lati Str t n th w et. • • • ,. - -J.- 5. That a c on c lu s ion i s reached in the Englewood Downtown Re dev elop - ment Plan that th e present zonin g imposed upon the area addressed by t he Plan is inap propr i at e and th at a new Zone Distric t should be adopted which will im plement t h e goal s and o bjectives of the Plan. 6. That to this end, a zone district to be identified as B-DD, Business-Downtown Development Zone District, and which would be designated as Section 22.4-12 of the Comprehensive Zoning Ordinance, has been approved by th e City Planning and Zoning Commission following a Public Hearing and has been referred to the Ci ty Council for its favorable consideration. 7. That the proposed amendment to the Comprehensive Zoning Map would be for the purpose of applying the B-DD Zone District to the specified area within the Central Business District. 8. That t he 1979 Comprehensive Plan sets forth certain Goal s for the Central Business Dis t ric t wh i c h wi ll be impleme nte d, i n pu rt, by the p ro- po sed rezoning , 9 . Th at there were no pers ons present at the Public Hear i ng wh o wished t o address t he City Pl ann i ng and Zon i ng Commission either in f av o r of or in opposi t ion t o the prop osed amendment t o th e Comprehensive Zoning Map. CONCLUSIONS 1. That proper notice of the Public He a ring waa given in complian ce with the Comprehensive Zoning Ordinance. 2. That th present zoning is inappropriate and that the proposed Business-Downtown Development Zone District aa applied to the subject area is a nee saary step toward the implementation of the Englewood Do ntovn Re- development Plan which waa approved by the Englewood Urban ~an al Authority by Resolution No. 2, Series of 19 8 2 , and by the Englewood City Council by Re elution No. 39, Seriew of 1982. 3. That the proposed application of the Buaineaa-Downtown D v lop- ment Zona District to the subject area will implement the Goals of the 1979 Comprehensive Plan. 4. That the proposed radavelopa nt within the aubjact area cannot occur under the present B-1 Zona Diltrict and it ia neceaaary to reaone the area B-DD, Buain111-Downtown Develop nt in order to preserve nd protect the health, 1afaty, and enaral welfare of the public. Thera!ora, the City Plannin a nd nt of the Coapr enaive Zonin acribad r B-OD, Bulin aa-Downtown That portion of the aout an a 6 at, and the nor t of th 6 h P.M., of th nd Zonin eo .. taa1 Kap by daaianatin th v lop nt: fullu WI •in • approv a the followin de- , Tovnahip I • • • '. • -3- Southwest quarter of said Section 34, said point also being the centerline of South Broadway and Hampden Avenue; thence west along the centerline of West Hampden Avenue to the centerline of the alley east of South Acoma Street extended; thence north along the said centerline of said alley to the center- line of West Floyd Avenue; thence west along the said centerline to the center- line of South Bannock Street; thence north along said centerline to a point on the extended south line of Lot 14, Abbott's Subdivision, Second Filing; thence west along the south line of said Lot 14 and Lot 14 extended to the intersection of the centerline of West Floyd Avenue and the centerline of South Elati Street; thence south along said centerline of South Elati Street to the centerline of u.s. Highway 285; thence east and southeasterly along said centerline to the centerline of South Lincoln Street; thence north along said centerline to ita intersection with the north bank of Little Dry Creek; thence northwesterly along said north bank of Little Dry Creek to the center- line of South Broadway; thence north along said centerline of South Broadway to the point of beginning. Upon a motion by Mra. Becker and aeconded by Mr. Carson, the City Planning and Zoning Commission voted to refer the proposed amendment to the Comprehensive Zoning Map to the City Council with a favorable recom- mendation. Those persons voting in favor of the motion were Mr. BarbTe, Mrs. Becker, Mr. Carson, Mr. Senti, Mr. Stoel, Mr. Tanguma and Mr. Venard. No persons voted in opposition to the motion; Mr. Allen and Mr. McBrayer were absent. By Order of the City Planning and Zoning Commission. • I . • • - • • • • • C 0 U N C I L C 0 M M U N I C A T I 0 N May 10, 1983 AGENDA ITEM iB INITIATED SUBJECT Capital Equipment Replacement Fund (CERF) ACTION PROPOSED ____ ~--------~--~~----~~~--~~~~~---- van. BACKGROUND Included in the 1983 CERF budget was a replacement for an aerial bucket van for the Traffic Division of Public Works. The estimated replacement cost was $29,000. Sealed bids were received on April 28, 1983 with two equipment suppliers responding as follows : Teague Equipment Co. -Base cost:$18,135.80. Options: 500 Watt inverter $856.00 or 1800 Watt inverter $1,351.00 . Delivery: 60 Days HcKi Equipment Co. -Base Cost:$19,05 0.00. T I Equi OISCUSSIO Options: 500 Watt inv rter $790 .00 or 1800 Watt inverter $1,575.00. 0 liv ry: o delivery date submitted nt Co. -Bas cost :For demo. unit (500 mil s, n warrante $20,550 includ s 1800 att inverter Delivery: I dhte An 1800 att inv rt r is n d d to run t portable quipment us d for r pairing tra fie control d vic s in th field. Wh n the invert r is add d, the bfds are as foll . ) $19,486.80 $20,625.00 $20,550.00 I . • • .. • ' There is about $851.00 worth of equipment (material cost only) that we would normally add with our own forces, such as emergency beacons, rear window guard, H.D. extension rear bumper, etc. These items are already included in the demonstrator bid from Teague Equipment Company. McKim Equipment Company bid is high when all related costs are added and does not meet specifications,in that a 3/4 ton chassis was bid instead of the required 1 ton. Teague Equipment Company is the low bidder with two bids which, when all costs are added ($19,486.80 plus $851.00 compared to $20,550.00), are only $212.20 apart. The higher bid is an immediate delivery item and would save some labor costs in preparation. REC0ft4ENDATION It is recommended that the City accept the bid of Teague Equipment Company in the amount of $20,550.00 for the demonstrator aerial bucket van per the submittal of April 28, 1983. .. • • I • • • • BID ANALYSIS OF VAN MOUNTED AERIAL BUCKET COMPLETE McKim Equipment unit -cost $19,050.00 (Factory Order) Price quote 60 days No delivery date Ford E250 (3/4 T) cargo van with liftall model 28-l aerial lift. Options and equipment to add: H.D. extension rear bumper 1800 watt inverter 120 v. outlet wired to bucket Emergency lowering system TwO beacons or strobe lights Rear window guard Total of add ons Total cost of unit This unit does not meet GVWR specifications. $ 140.00 1,575.00 122.00 366.00 180.00 43.00 $ 2,426.00 $21,476.00 Teague Equipment unit-cost $18,135.80 (Factory order) Price quote 30 days 60 days ARO Ford E350 (l T) cargo van with versalift van-Tel 28-B aerial lift. Options and equipllll!nt to add: H.D. extension rear bumper 1800 watt inverter 120 v. outlet wired to bucket Emergency lowering system TWO beacons or strobe lights Raar window guard TOtal of add ons Total cost of unit This unit meets all specifications. $ 140.00 1,351.00 122 .oo 366.00 180.00 43.00 $ 2,202.00 $20,337.80 or-ague EqUii08J\t deao uni -coat $20,550.00 Price quote 30 days t.mediate delivery ven-Tel 288 a rial lift. CMC 3500 (1 T) cargo van with versalif The b d price on this unit inclu st H.D. extension rear ~r w/chock block holder 1800 watt inverter 120 v. outlet wired to bucket E rgency lowering ayste 2 each stro lig~ts Raar window guard Tinted glass all windows K.O. eool1ng syate w/aux . o l cool r • I • ( • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE May 11, 1983 AGENDA ITEM SUBJECT ~ ~------------------~--~~------~---------------------------------· • INITIATED BY ------~W=as~t~ew~a~t~e~r~T~r~ea~~~n~t~De~p~a~r~~~nt~------------------ ACTION PROPOSED----------------------------------------------- BACKGROUND At the Hay 3, 1983 Council meeting, City Council authorized the submittal of bids for surplus centrifuges from the City of New York. Bids were submitted on May 10, 1983, and the City was successful in obtaining four (4) centrifuges at a cost of $644,000. Total costs associated with delivery of the equipment to the Wastewater Trea~nt Plant are: Bid Price . . . . . • . . . . Refurbishing & Transportation. TOTAL . $644,000. . $370,000. $1,014,000. The City of Englewood needs to appropriate SOl of the amount or $507,000 into the 1983 budget. REC(M4[NOATION It is r c nded that t Council pprove the attached appropriation resolution. • I . RESOLUTION NO.~ SERIES OF 1983 • • • A RESOLUTION AMENDING TilE SEWER FUND AND BI-CITY JOINT VENTURE FUND. WHEREAS, the City Council of the City of Englewood, Colorado, authorized the aubwdttal of bide for four (4} surplua centrifuges froa the City of New York, and WHEREAS, the Bi-City Joint Venture vaa auccesaful in obtaining said centrifuge•, and WHEREAS, the City Council of the City of Englewood, Colorado, wishes to provide funding for the acquisition of said centrifuges from the Englewood Sever Fund for the City of Englewood ahare, and WHEREAS, the City Council of the City of Englewood, Colorado, wishes to provide for the acquiaition within the Bi-City Joint Venture Fund; MOW, TREIIEFORE, BE IT RESOLVED by the City Council of the City of Englewood, Colorado, aa follova: Section 1. The following appropriation• are hereby aade in the Sever Fund. Source of Funda Sever Fund Equity (Syatea Develop.ent Feea} $507,000 Application of Funda Bi-City Joint Venture Capital Contribution 507,000 Section 2. The follovina appropriation• are hereby aade in the Bi-tity Join Venture Fund. rifu • $S07,ooo 507,000 fl,Oll,ooo $1,014,000 , I • • • • • -2- Section 3. The City Manager and Director Finance are hereby authorized to make the above changes to the 1983 budget of the City of Englewood. ADOPTED AMD APPROVED this day of -------• 1983. Eugene L. Otis, Mayor ATTEST: ex officio City Clerk-Treasurer I, Gary ~. Bigbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, do hereby certify that the above and foregoing is a true, accurate and co8Plete copy of Resolution No. ___ , Series of 1983. Gary 1.. Bigbee • I • • - • • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE May 11, 1983 AGENDA ITEM SUBJECT gc., IN IT J ATED BY ____ W..;..as"""t;;_;;ew..;..a;;;..t;;.;:e..;..r_T"'"r..;;;.ea;;;..;tme"-='n""'t~De~p..;;a'-'rtme=;;.;.;nt;__ _________ _ ACTION PROPOSED'----------------------- BACKGROUND At the May 3, 1983 Council meeting, City Council authorized the submittal of bids for surplus centrifuges from the City of New York. Bids were submitted on May 10, 1983, and the City was successful in obtaining four (4) centrifuges at a cost of $644,000 . Total costs associated with delivery of the equipment to the Wastewater Treatment Plant are: Bid Price .•.•...... Refurbishing & Transportation. TOTAL . $644,000. . $370,000. $1,014,000 . The City of Englewood needs to appropriate 50% of the amount or $507,000 into the 1983 budget . RECOft4ENDA TI ON It is recommended that the Council approve the attached appropriation resolution. • I . . • • RESOLUTION NO~ SERIES OF 1983 • • • A RESOLUTION AMENDING THE SEWER FUND AND BI-CITY JOINT VENTURE FUND. WHEREAS, the City Council of the City of Englewood, Colorado, authorized the subwdttal of bids for four (4) surplus centrifuges froa the City of New York, and WHEREAS, the Bi-City Joint Venture was successful in obtaining said centrifuges, and WHEREAS, the City Council of the City of Englewood, Colorado, wishes to provide funding for the acquisition of said centrifuges froa the Englewood Sewer Fund for the City of Englewood share, and WHEREAS, the City Council of the City of Englewood, Colorado, wishes to provide for the acquisition within the Bi-City Joint Venture Fund; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Englewood, Colorado, as follows: Section 1. The following appropriations are hereby aade in the Sewer Fund. Source of Funds Sewer Fund Equity (Syatea Develop.ent Fees) $507,000 Application of Funds Bi-city Joint Venture Capital Contribution 507,000 Section 2. The followin& appropriations are hereby aade in the Bi-city Joint Venture Fund. Source of Funds City of ln&l wood City of Littleton Total Application of Punda Capital Outlay -Centrifu a • $507,000 507,000 $1,014,000 $1,014,000 I • • . . • • • -2- Section 3. The City Manager and Director Finance are hereby authorized to make the above changes to the 1983 budget of the CitY of Englewood. ADOPTED AND APPROVED this -day of -------' 1983. Eugene L. Otis, Mayor ATTEST: ex officio CitY Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, do hereby certify that the above and foregoing ia a true, accurate and coaplete copy of Resolution No. , Seriea of 1983. -- Gary R. Higbee I • • ORDINANCE NO. ~~ SERIES OF 198~3~---- B'i AUTHORIT'i • • • 1A COUNCIL BILL NO. 9 INTRODUCED B'i COUNCIL MEMBER FITZPATRICK AN ORDINANCE PROVIDING FOR THE LICENSING OF GENERAL AND SPECIAL CONTRACTORS, ELECTRICAL CONTRACTORS' REGISTRATIONS, AND PLUMBING CONTRACTORS' REGISTRATIONS, AND ESTABLISHING FEES THEREFOR B'i AMENDING THE ENGLEWOOD MUNICIPAL CODE 1969, AS AMENDED, AMENDING ARTICLES I AND II AND B'i ADDING ARTICLE III TO CHAPTER 3, TITLE IX. WHEREAS, it is necessary to regulate general, special, electrical and plumbing contractors; and WHEREAS, in order to regulate, it is necessary to license said contractors; NOW, THEREFORE, BE IT ORDAINED B'i THE CIT'i COUNCIL OF THE CIT'i OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. Sections 1, 2, 3 and 4 of Article I of Chapter 3, Title IX, as amended, are amended and Sections 5 and 6 are added to Article I of Chapter 3, Title IX, as follows: ARTICLE I --PROVISIONS RELATING TO CONTRACTORS 9-3-1: APPLICATION Application for a contracto r's license, whether general o r special, shall be filed with the License Officero r his designee, and in addition to the info rmat ion required under Chapter I of this title, shall contain the following information for use in determin- ing qualifications of the applicant: (1) The residence of the applicant, or if the applicant is a partnership, of each of the individual members of such firm, or if the applicant ia a corporation, of each of the offic ra of such corporation and ita principal place of buaineaa. (2) The street addreaa from where auch applicant proposes to engage in buaineaa, nd the telephon number thereof and emergency telephone, it available. (3) A aum ary of the qualifying experience recorda of all auperviaory ataff required by thia Code for the particular license aought. (4) Licenses held in other city or cities and ye ra held. l • I • • • • ' (5) Such other relevant information as may be required by the License Officer. ( • 9-3-2: CONTRACTOR'S LICENSE; EXPIRATION; RENEWAL; PENALTIES (a) The license may be issued by the License Officer upon the endorsement of the Chief Building Inspector determining from the information and references that the applicant is qualified for the type of license sought. (b) In the event the application is denied, the applicant may request a review of the application by the Board of Adjustment and Appeals. A fee of twenty dollars ($20) shall accompany this request, which amount will be returned in the event the Board orders issuance of the license. (c) All licenses, except those which are cancelled or revoked, may be renewed annually upon application and payment of the required renewal fee. (d) Starting work on any project before the required license has been secured will result in a fifty percent (50 \) increase of the license fee as a penalty. this penalty shall be cumulative with all other penalties and remedies for the enforcement and collection o f such license fees. (e) A change in name, business designation or pers onn el of a license shall have the legal effect of transferring the license and of operating without a licens e. Therefore, all such ch anges shall be reported by the licensee to the Department withi n thirty (30) days after making such change. (l) The incorporation or a change in inco rporation creating a new legal entity wh ich requires a license even though one (1) or more stockholders or directors have a license. (2) The organization of a partnership or the change in a partnership creating a legal entity , whi ch requires a new license, even though one (1) or more of the partners are licensed. (3) The dissolution of a corporation or partnership which has been licensed terminates the license, and no individual or firm may operat under such license. 9-3-3: CONTRACTOR'S RESPONSIBILITIES: SUSP!NSIOH1 REVOCATION (a) Each contractor, whether general or special, shall be responsible for all work included in his contract , whether or not execution is by himself, his employee, or a subcontractor, and for 2 • I • • • • • all funds or property received by him for prosecution of a specific contract for a specific purpose. The Chief Building Inspector shall, upon the verified complaint in writing of any person, require the contractor to appear before the License Officer for a hearing upon five (5) days' notice in writing, mailed to his last known post office address, and the License Officer shall have the power to temporarily suspend or revoke any license if the License Officer shall find by a preponderance of the evidence that the licensee has: (1) Abandoned any contract without legal cause. (2) Diverted funds or property received for performance of a specific contract and applied such fund for any other purpose, or he failed to use such funds for the performance of said contract. (3) Fraudulently departed from or disregarded plans and/or specifications. (4) Willfully and/or deliberately disregarded any provision of this Code, or any provision of any secondary code adopted herein. (5) Failed to keep records of receipts and disbursements of his transactions as a contractor and produce same for examination by the License Officer when requested. permit. (6) Misrepresented a material fact to obtain a license or (7) Done any willful, fraudulent act as a contractor by which another is substantially injured. (8) Used his license to obtain permits for another. (9) Carelessly or negligently provided reasonable safety measures for the protection of workmen and the public. (10) Failed or refused to obtain a permit for any work before starting a job. (b) If th licensing officer determin s that a hearing should b held to determine if a license should be revoked, suspend d, or denied, und r the terms of Article I or II, the procedure shall be as provided in Sections 1-7-1 through 1-7-10 of this Cod • (c) Wh en a contractor 's license is revoked , no new permits shall b issued to uch license until he shall fully correct th faulty construction with the provisions of thi Code and until the license is reinstated. The Licens Officer shall have power to withhold reinstatement of the license for period not to exceed six (6) months. It the suspension ia over three (3) months, the licensee 3 • I • • • • .. shall be required to obtain a new license, which fee shall not be prorated. (d) The Chief Building Inspector may make an emergency suspension of the license of a contractor should the actions of the contractor pose an immediate , serious and imminent threat to the health, safety and welfare of the residents of the City of Englewood . Such emergency suspension shall not continue longer than ten (10) days without a hearing before the License Offi c er. 9-3-4 : UNLAWFUL ACTS (a) It shall be unlawful for any person to engage in business as a GENERAL OR SPECIAL contractor within the city without having first obtained the appropriate license. 9-3-5: CONTRACTORS; DEFINED (a) As the word i s us ed i n this Chapter, a •contrac t or • sha ll mean a person who undertakes with or for another to perf o rm a n y o f the operation controlled by Title III of this Code, f o r a ny compensation other than wages. A person who works by the h o u r , either by himself or with one (1) o r more helpers, whe n he uses other than hand tools i s a •contrac tor•. Any person wh o perf o rm s any of these operations on his own or o ther property for the purposes of speculation, except Gr o up R-3 bu i ldings a n d build ing s accessory thereto, intended f o r h is own personal and permane n t occupancy, is a contra c t or . Pe r ma n e n t occ upa nc y as here in described is for a per iod of on e (1) y ea r o r more. (b) The pr o visi on s of t his Ar ticle sha l l no t app l y t o a n own er making or dinary repa i r s to his home or a ccesso ry bu i l di ng s , provided that h e d oes the repair wor k hi•self . 9 -3-6 : CLASSES AND TYPES OF CO NTR ACTO RS ' LICENSES; AN NUAL LICE NSE FEE For the purpose of regulating and licensing contractors, such trades are divided into classes as follows: Clas I: General Contractors' Ltcen e, Unl1•ited. The license shall entitle th holder to contract for the building, construction, alteration or repairing of any typ or size structure permitted by this Chapter. The nnual license f e shall b two hundred dollars ($200). Class II: General Contractors' License, Limited . The license shall entitle the holder thereof to contract for the building, construction, alteration or repairing of busindings or structures in which the contract price does not exceed fifty thousand dollars 4 • I • • , • • • • ($50,000). The annual license fee shall be one hundred dollars ($100). Class III: Jobber Contractors' License. The license shall entitle the holder thereof to contract for the building, construction, alteration or repairing of buildings or structures if the contract price does not exceed ten thousand dollars ($10,000). The annual license fee shall be fifty dollars ($50). Class IV: Subcontractors ' License. The license shall entitle the holder thereof to engage in contracting for labor or for labor and material involving onl y one (1) trade or group of related trades, such as the following: masonry, plaster, cement, elevators, roofing, waterproofing, excavations, heating, ventilat- ing, air conditioning, residing contractors and similar sub- contractors. The annual license fee shall be thirty-five dollars ($35). A concrete contractor performing any work on City property shall comply with Section 12 -2-2 o f the Municipal Code by obtaining an annual performance bond in the amount of two thousand dollars ($2,000). Class V: Special Contractors' License. The license shall entitle the holder thereof to contract for one (1) particular class of work. The annual license fee shall be thirty-five dollars ($35). A sign contractor shall furnish insurance and bonds as required by Section 22.5-ll-f.2 of the Zoning Ordinance. The license for wrecking shall entitle the holder thereof to deal in secondhand building materials. No wrecking shall be done except by a licensed wrecking contractor, except that a general contractor may wreck minor buildings or portions of buildings where such wrecking is a portion of a program of alteration or remodeling. A general contractor may use excess salvaged materials in other work constructed by him, or may dispose of same. Salvaged materials are no t to be sold or offered for sale to the publ ic at the wre c king si te. House movers auth ori z d pursuant to 3-8-1 et seq. of the Englewood Municipal Cod o f 1969 as amend d, shall o btain a license pursuant to this Class V. Clas VI: Drainlayers' License . The license shall entitle th holder thereof to lay se wer lines and to tap to th se wer ain , but in no case to perform ny plumbing. The fee for such license shall be thirty-five dollars ($35). ch application for a license shall be accompanied by a surety bond in the aaount of one thous nd dollars ($1,000) given to inde ify the City galnst any d • ge or liability it may incur as a result of any ct or omission of the licensee, his gent, representative or employee. Section 2 . Article II, Chapter 3, of the ngle wood Municipal Code , Title IX, is h reby • nded to read as follows1 5 • • • , • • • ARTICLE II ELECTRICAL CONTRACTORS REGISTRATION 9-3-20: REGISTRATION CERTIFICATE--REQUIRED It shall be unlawful for any person to conduct, carry on, or engage in the business, trade or calling of installing, replacing, or altering electrical wires, fixtures, fixed appliances, or apparatus within the City without first having obtained an electrical contractor's registration certificate from the licensing officer or his designee. 9-3-21: CERTIFICATE --NONTRANSFERABLE No certificate issued under the provisions of this Article II shall be assigned or transferred to any person other than the person to whom it is issued. 9-3-22: CERTIFICATE--APPLICATION Application for an electrical contractor's certificate of registration shall be made on such forms as the licensing officer shall require. Such application must contain information sufficient to establish the applicant's qualifications for a certificate. The licensing officer may require such other information of an applicant as he deems necessary to enforce the terms of this Article II. 9-3-23: QUALIFICATIONS To be qualified to secure or retain an electrical registration certificate, an applicant must be a Master Electrician, currently licensed by the State of Colorado or must designate and have in charge of and responsible for all electrical work, an employee who is a Mast er Electrician, currently licensed by the State of Colorado. No such employee may be designated for more than one license. Such an employee shall be designated as such in the license application. 9-J-24: CERTIFICATE--TERM A. All contractors' registration certificates issued from th effective date of this ordinanc through December of 1983 will expire on December 31, 1983. B. All electrical contr ctors' registrations issued after December 31, 1983 shall expire on the 31st dey of December of each year. 6 • I • • • • .. 9-3-25: CERTIFICATE HOLDER--DUTIES It shall be the duty of all electrical contractor registrants to: A. Retain his Master Electrician's license from the State of Colorado, or in the alternative, to retain in his employment a state-licensed Master Electrician. B. Immediately notify the City's Chief Building Inspector of any revocation, suspension, or other change in the status of his Master Electrician's license or that of his employee designated pursuant to Section 9-3-23; c. Report in writing to the Chief Building Inspector any accident occurring in the course of his trade within the City which results in injury or death to any person or damage to any building or structure; D. Provide safety measures and equipment to protect workmen and the public, as necessary; E. Observe all provisions of the Munic i pal Code; F. Present his license card when so requested by the licensing officer or his authorized representative. 9-3-26: LICENSE --REVOCATION, SUSPENSION AND DENIAL The licensing officer may revoke, suspend, or deny a license provided for i n this Article if he finds that the licensee is responsible for one or more of the following acts or omissions: A. Failure to comply wit h the terms of Section 9-3-23; B . Violation of the terms of Section 9-3-28 ; 9-3-27: REVOCATION AND SUSPENSION --PROCEDURE If th licensing offic r determin s that a hearing should b held to determine if licens should be revoked, suap nded, or denied under the t rms of thi Article, the procedure therefor hall be s provided in Sections 1-7-1 through 1-7-10 of this Cod • Appeal hall be to the Board of Adjustment and App ala. 9-3-28: LICENSE --FEES An annual fee of ifty Dollars ($50) ah 11 be paid by ch applic nt or licensee prior to the issuance or renewal of any license provided for in this Article. 7 • I • • • • • Section 3. A new Article III is hereby added to Chapter 3 of the Englewood Municipal Code, Title IX, to read as follows: 9-3-30: ARTICLE III PLUMBING CONTRACTORS' REGISTRA 'riON PLUMBING CONTRACTORS' LICENS~S LICENSE --REQUIRED It shall be unlawful for any person to conduct, carry on, or engage in the business, trade or calling of plumbing, or to install plumbing, in or on any building structure, or land in the City, for any compensation whatsoever, without first having obtained a plumbing contractor's license from the licensing officer or his designee. 9-3-31: LICENSE --NONTRANSFERABLE No license issued under the provisions of this Article III shall be assigned or transferred to any person other than the person to whom it is issued. 9 -3-32: LICENSE --APPLICATION Application for a plumbing contractor's license shall be mad e on such forms as the licensing officer shall require. Such application must contain information sufficient to establish the applicant's qualifications for a license. The licensing off i cer may require such other information of an appl i cant as he deem s necessary to enforce the terms of th is Article I l l. 9 -3 -3 3: QUAL I F IC A TIO N ~ To be qualified to sec ur e o r r tain a pl umb i ng c ontrac t o r's lie nse, an applicant mu st be a Maste r Pl umber, c urrent l y licens d by the State of Colorad o or must desig nate a nd h ave i n c harg e of a nd be respo nsi ble fo r all p lumb ing work, an em p lo y ee wh o is a Master Pl umb e r, c urr ently licensed by the State of Colo rado . No such mp lo yee ma y be de ignated for more than one license . Such an employee s h all be design ted s such in the license pplication. 9-3-3 4 : C TIFICATE --TERM A. All plumbing contractors' licena s issu d from the ff cti v e d te of this ordinance through Dece b r of 1983 will e x pire on December 31, 1983. B. All pl um bing contractors ' lie naes 1aau d after Decem r 31 , 19 8 3 s h all e x pire on th 31st day of 0 ce b r of each year. • ) I • • • • 9-3-35: LICENSE --DUTIES It shall be the duty of all plumbing contractor licensees to: A. Retain his Master Plumber's license from the State of Colorado or, in the alternative, to retain in his employment a state-licensed Master Plumber. B. Immedi ately notify the City's licensing officer of any revocation, suspension, or other change in the status of his Master Plumber's license or that of his employee designated pursuant to Section 9-3-33; c. Report in writing to the licensing officer any accident occurring in the course of his trade within the City which results in injury or death to any person or damage to any building or structure; D. Provide safety measures and equipment to protect workmen and the public, as necessary; E. Observe all provisions of the Mun i cipal Code; F. Present his license card when so requested by the licensing officer or his authorized representat i ve. 9-3-36: LICENSE --REVOCATION, SUSPENSION AND DENIAL The licensing officer may revoke, suspend, or deny a li c ense provided for in this Article if he finds tha t the licensee is responsible for one or more of the follow i ng a c ts or omissions: A. Failure to comply wi t h the terms of Section 9-3 -37 ; B. Violat i on of the term s o f Se cti o n 9-3-33 ; 9 -3-3 7 : REVOCA TIO N AN D SUS PEN SIO N --PR OCEOUR If the licensing officer dete rm ine that a hearing should be held to deteraine if a license should be re voked , auap nded , or d nied under the teras of this Article, the procedure therefor shall be as provided in Sections 1-7-1 through 1-7-10 of this Code . 9-3-38: LICE NSE --FEES An annual fee o ifty Dollars ($50) shall b ppllcant or licensee prior to the issuance or license provided or in this Article. by ch any • • • Section 4. Severance Clause. If any article, section, paragraph, sentence, clause, or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each part or parts thereof irrespective of the fact that any one part or parts be declared invalid or unconstitutional. Section 5. Savings and Repeal Clauses. If any provision of this ordinance shall be held invalid, the remainder of the ordinance other than those portions held invalid shall not be affected thereby. All laws or parts of laws and rules in conflict with the provisions of this ordinance are hereby repealed insofar as the same conflict with the provisions of this ordinance. All state and federal laws that are in conflict with these provisions and which preempt these provisions by shall repeal these provisions to the extent they are applicable. Introduced, read in full, and passed on first reading on the 2nd day of May, 1983. Published as a Bill for an Ordinance on the 4th day of May, 1983. Read by title and passed on final reading on the 16th day of May, 1983. Published by title as Ord i nance No. _______ , Series of 198 3 , on the 18th day of May, 1983. Eugen e L. Otis , Mayo r At te s t: e x officio Cit y Cl er k-Treasurer I, Ga ry R. Higbee , e x officio City Cler -Treasurer of th City of ngle ood , Colorado, h reby certify that th above and foregoing is a true, accurate and co•plete copy o th Ordinance passed on final reading and published by t tle aa Ordinance o. , Series of 1 J. G 10 I • • ORDINANCE NO. I f SERIES OF 198.,...3--'--- BY AUTHORITY • • • 1A COUNCIL BILL NO. 9 INTRODUCED BY COUNCIL MEMBER FITZPATRICK AN ORDINANCE PROVIDING FOR THE LICENSING OF GENERAL AND SPECIAL CONTRACTORS, ELECTRICAL CONTRACTORS' REGISTRATIONS, AND PLUMBING CONTRACTORS' REGISTRATIONS, AND ESTABLISHING FEES THEREFOR BY AMENDING THE ENGLEWOOD MUNICIPAL CODE 1969, AS AMENDED, AMENDING ARTICLES I AND II AND BY ADDING ARTICLE Ill TO CHAPTER 3, TITLE IX. WHEREAS, it is necessary to regulate general, special, electrical and plumbing contractors; and WHEREAS, in order to regulate, it is necessary to license said contractors; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. Sections 1, 2, 3 and 4 o f Article I o f Chapter 3, T itle IX, as amended, are amended and Sections 5 and 6 are added t o Article I of Chapter 3, Title IX, a s f o llows: ARTICLE I --PROVI S I ONS RELATING TO CO NTRACTORS 9 -3-1: APP LICATION Appli c ati o n f o r a con tra c t o r's licens e , wheth er g ne r al o r s p ec ial, shall be fil ed with the Lic ense Of fic ro r his d es gnee , a nd i n additi on t o t h e inf ormat ion requ i r ed under Chapter I of this ti t le , s hall con ta in t he f o ll owing i n f o rmat ion f o r u se in d ete r min- ing qu ali f ic a tion o f the applicant: (1) The residence of the applicant , or if the applicant is a partnership , of each of the individual members of such fir , or lf the applicant i a corporation , of each of the officers of such corporation and ita principal place of business. (2) The street address fro• where such applicant proposes to engage in business, and the telephone nuaber thereof and ea r9ency telephone, l available . (3) A sua ary o the ualifyln9 expert nee records o all supervisory stat re uired by this Cod or th particular license sou9ht • (4) Licen• s h ld in oth r ci y or cl 1 s nd years held. 1 I • • • • (5) Such other relevant information as may be required by the License Officer. 9-3-2: CONTRACTOR'S LICENSE; EXPIRATION; RENEWAL; PENALTIES (a) The license may be issued by the License Officer upon the endorsement of the Chief Building Inspector determining from the information and references that the applicant is qualified for the type of license sought. (b) In the event the application is denied, the applicant may request a review of the application by the Board of Adjustment and Appeals. A fee of twenty dollars ($20) shall accompany this request, which amount will be returned in the event the Board orders issuance of the license. (c) All licenses, except those which are cancelled or revoked, may be renewed annually upon application and payment of the required renewal fee. (d) Starting work on any project before the required license has been secured will result in a fifty percent (50\) increase of the license fee as a penalty. this penalty shall be cumulative with all other penalties and remedies for the enforcement and collection of such license fees. (e) A change in name, business designation or personnel of a license shall have the legal effect of transferring the license and of operating without a license. Therefore, all such changes shall be reported by the licensee to the Department within thirty (30) days after making such chang • (1) The incorporation or a change in incorporation creating a new legal entity which requires a license even though one (1) or more stockholders or directors have a license. (2) Th organization of a partnership or the change in a partnership creating a legal entity, which requires a new license, even though one (1) or more of the partners are lie nsed. (3) The dissolution of a corporation or partnership whi ch has been licensed terainates the license, and no individual or fir may operate under such license. 9-3-3: CO TRACTO ' R!SPO SIBILITI 5: SUSP£ SIONJ !VOCATION (a) ach contractor, whether general or sp clal, shall b responsible for all work includ d in his contract, wh ther or not execu Son is by hlas lf, his eaployee, or a subcontractor, and for 2 • I • • • • all funds or property received by him for prosecution of a specific contract for a specific purpose. The Chief Building Inspector shall, upon the verified complaint in writing of any person, require the contractor to appear before the License Officer for a hearing upon five (5) days' notice in writing, mailed to his last known post office address, and the License Officer shall have the power to temporarily suspend or revoke any license if the License Officer shall find by a preponderance of the evidence that the licensee has: (1) Abandoned any contract without legal cause. (2) Diverted funds or property received for performance of a specific contract and applied such fund for any other purpose, or he failed to use such funds for the performance of said contract. (3) Fraudulently departed from or disregarded plans and/or specifications. (4) Willfully and/or deliberately disregarded any provision of this Code, or any provision of any secondary code adopted herein. (5) Failed to keep records of receipts and disbursements of his transactions as a contractor and produce same for examination by the License Officer when requested. (6) Misrepresented a material fact to obtain a license o r permit. (7) Done any willful, fraudulent act as a c ontra c tor by wh i ch another is substant ally in j ured. (8) Used his li c ense to obtain permits for an o ther. (9) Carele s sly o r negligently pr o vided reas on able safety me a su re s f o r th e pr o te c t io n o f workme n nd the publ ic . (10) Fa iled or r efused to obtain a permit f o r a ny work before starting a job. (b) It the licensing officer deterainea that a hearing should be held to determine if a license should be revoked, suspended , or denied, under the teras of Article I or Il , the p r ocedure shall b as provided in Sections 1-7-1 through 1-7-10 of this Code. (c) When a contracto r's license is re v oked, no ne w peralta shall be issued to such licensee until he shall fully correc the faulty construction wi h the prov isions o thla Code and until the license is reinstated . The License 0 leer shall ha v e po wer to withhold reinst teaent of the licens for a period not to e xce d si x ( ) ao hs. It the susp naion is over thre ( ) ao ths , the licens e I • • • .. • shall be required to obtain a new license, which fee shall not be prorated. (d) The Chief Building Inspector may make an emergency suspension of the license of a contractor should the actions of the contractor pose an immediate , serious and imminent threat to the health, safety and welfare of the residents of the City of Englewood. Such emergency suspension shall not continue longer than ten (10) days without a hearing before the License Officer. 9-3-4: UNLAWFUL ACTS (a) It shall be unlawful for any person to engage in business as a GENERAL OR SPECIAL contractor within the city without having first obtained the appropriate license. 9-3-5: CONTRACTORS; DEFINED (a) As the word is used in this Chapter, a •contractor• shall mean a person who undertakes with or for another to perform a n y o f the operation controlled by Title III of this Code, for any compensation other than wages. A person who works by the hour, either by himself or with one (1) or more helpers, when he uses other than hand tools is a •contrac tor•. Any person wh o performs any of these operations on his own or other property for the purposes of speculation, except Gr o up R-3 buildings and buildi ngs accessory thereto, intended f o r his own personal and permane n t occupancy, is a contractor. Permanent oc cupancy as herein described is for a peri od o f on e (l) year o r more. (b) The provisions o f th is Art icle s ha ll no t app l y to a n owne r making ordinary repairs t o his home o r a cc e sso r y bu ilding s , pr o vided that he d oe s th e repair wo rk hi •self . 9 -3-6: CLAS SES AN D TYPES OF CO NT RACTO RS ' LICE NSES ; AN UAL LIC NS£ FE r or the purpose of regul tin9 d licensing co tractors, such tr des a r e divided into classes as ollo a: Class I: Gener 1 Contr ctora' Lie nae, Unl al ed. The license shall entitle the holder to contr c for the buildin , construe ion , alteration or repairin9 of a y typ or size structure per•i tted by this Chapter. The a nu 1 license fee shall b t o hundred dollars ($200). Class II: Ge neral Con r a e ora' Lie na , Li 1 ed. h lie nae shall entitle th hold r her o to con ract foe he bulldin9, conat r uctlo , alteration or re ir n o uaindin9a or • ructurea in wh ich the eon r c price do • d 1 ty thou d doll ra I • • • - ($50,000). The annual license fee shall be one hundred dollars ($100). Class III: Jobber Contractors' License. The license shall entitle the holder thereof to contract for the building, construction , alteration or repairing of buildings or structures if the contract price does not exceed ten thousand dollars ($10,000). The annual license fee shall be fifty dollars ($50). Class IV: Subcontractors' License. The license shall entitle the holder thereof to engage in contracting for labor or for labor and material involving only one (1) trade or group of related trades, such as the following: masonry, plaster, cement, elevators, roofing, waterproofing, excavations, heating, ventilat- ing, air conditioning, residing contractors and similar sub- contractors. The annual license fee shall be thirty-five dollars ($35). A concrete contractor performing any work on City property shall comply with Section 12-2-2 of the Municipal Code by obtaining an annual performance bond in the amount of two thousand dollars ($2,000). Class V: Special Contractors' License. The license shall entitle the holder thereof to contract for one (1) particular class of work. The annual license fee shall be thirty-five dollars ($35). A sign contractor shall furnish insurance and bonds as required by Section 22.5-ll-f.2 of the Zoning Ordinance. The license for wrecking shall entitle the holder thereof to deal in secondhand building materials. No wrecking shall be done except by a licensed wrecking contractor , except that a general contractor may wreck minor buildings or portions of buildings where such wrecking is a portion of a program of alteration or remodeling. A general contractor may use excess salvaged materials in other work constructed by him, or may dispose of same. Salvaged materials are not to be sold or offered for sale to the public at the wre cking site . House movers authorized pursuant to 3-8-1 et seq. of the Engle wo od Muni cipal Code of 1969 as amended, shall obtain a license pursuant to this Class v. Class VI: Drainlayers' License. The licens shall entitle th holder thereof to lay sewer lines and to tap to the sewer main, but in no case to perfora any plumbing. The fee for such license shall be thirty-five doll rs ($35). ach applic tion for a license shall b ccompanied by a surety bond in the amount of one thousand dollars ($1,000) given to 1nde ify the City a ainst any damage or llab111ty it may incur as a result of any act or o•ission of the licensee, his agent, representative or e•ployee. Section 2. Article II, Chapter 3, of the nglewood Municipal Code , Title IX, is hereby mended to read as follows: s • I • • • • ARTICLE II ELECTRICAL CONTRACTORS REGISTRATION 9-3-20: REGISTRATION CERTIFICATE--REQUIRED It shall be unlawful for any person to conduct, carry on, or engage in the business, trade or calling of installing, replacing, or altering electrical wires, fixtures, fixed appliances, or apparatus within the City without first having obtained an electrical contractor's registration certificate from the licensing officer or his designee. 9-3-21: CERTIFICATE --NONTRANSFERABLE No certificate issued under the provisions of this Article II shall be assigned or transferred to any person other than the person to whom it is issued. 9-3-22: CERTIFICATE--APPLICATION Application for an electrical contractor's certificate of registration shall be made on such forms as the licensing officer shall require. Such application must contain information sufficient to establish the applicant's qualifications for a certificate. The licensing officer may require such other information of an applicant as he deems necessary to enforce the terms of this Article II. 9-3-23: QUALIFICATIONS To be qualified to secure or retain an electrical registration certificate, an applicant must be a Master Electrician, currently licensed by the State of Colorado or must designate and have in charge of and responsible for all electrical work, an employee wh o is a Master Electrician, currently licensed by the State of Colorado. No such employee may be designated for more than one license. Such an employee shall be designated as such in the license application. 9-3-24: CERTIFICATE--TERM A. All contractors' registration certificates issued from the effective date of this ordinance through Dece ber of 1983 will expire o Dec mber 31, 1983. B. All electrical contractors' registration issued after December 31, 1983 shall expire on the 31st day of December of e ch year. I • • • • 9-3-25: CERTIFICATE HOLDER--DUTIES It shall be the duty of all electrical contractor registrants to: A. Retain his Master Electrician's license from the State of Colorado, or in the alternative, to retain in his employment a state-licensed Master Electrician. B. Immediately notify the City's Chief Building Inspector of any revocation, suspension, or other change in the status of his Master Electrician's license or that of his employee designated pursuant to Section 9-3-23; C. Report in writing to the Chief Building Inspector any accident occurring in the course of his trade within the City which results in injury or death to any person or damage to any building or structure; D. Provide safety measures and equipment to protect workmen and the public, as necessary; E. Observe all provisions of the Municipal Code; F. Present his license card when so requested by the licensing officer or his authorized representative. 9-3-26: LICENSE --REVOCATION, SUSPENSION AND DENIAL The licensing officer may revoke, suspend, or deny a license provided for in this Article if he finds that the licensee is responsible for one or more of the following acts or omissions: A. Failure to comply with the terms of Section 9-3-23; B. Violation of the terms of Section 9-3-28; 9-3-27: REVOCATIO AND SUSPENSION --PROCEDURE If the licen ing officer determines that a hearing should b held to determine if a license should b revoked, suspended, or denied under the teras of this Article, the procedure therefor shall be as provided in Sections 1-7-1 through 1-7-10 of this Code. Appeal shall be to the oard of Adjustment and Appeals. 9-3-28: LIC 5 s An nnual fee of ifty Dollars ($~0) sh 11 b paid by each applicant or licensee prior to th isauance or renewal o any license provided for in this Art cle. 7 I • • • • • Section 3. A new Article III is hereby added to Chapter 3 of the Englewood Municipal Code, Title IX, to read as follows: 9-3-30: ARTICLE III PLUMBING CONTRACTORS' REGISTRATION PLUMBING CONTRACTORS' LICENS~S LICENSE --REQUIRED It shall be unlawful for any person to conduct, carry on, or engage in the business, trade or calling of plumbing, or to install plumbing, in or on any building structure, or land in the City, for any compensation whatsoever, without first having obtained a plumbing contractor's license from the licensing officer or his designee. 9-3-31: LICENSE --NONTRANSFERABLE No license issued under the provisions of this Article III shall be assigned or transferred to any person other than the person to whom it is issued. 9-3-32: LICENSE --APPLICATION Application for a plumbing contractor's license shall be made on such for~s as the licensing officer shall require. Such application must contain information sufficient to establish the applicant's qualifications for a license. The licensing officer may require such other information of an applicant as he deems necessary to enforce the terms of this Article III. 9-3-33: QUALIFICATIONS To b qualified to sec ure o r retain a p l umbing contra c tor's l icense, a n appl icant must be a Ma s ter Plumber, currently l i cen s d by the S tat e of Colorado or mu s t designat e and have i n charge o f and be r es ponsible f o r al l p l umb i ng work, an e mployee who i s a Ma s t e r Pl umber, c urr entl y licen sed by th e St ate o f Col orado. No such e mp lo y ee may be designated fo r mo r than o n e license . Such an employee shall b e designa ted as such in the license a p plication . 9-3-34: C RTl ICAT --TERM A. All plumbing contractors ' licenses issued fro• the effecti v e date of this ord nance through December of 1983 will expire on Dece mber 31, 1983. B. All plumb ing contractors ' licenses issued after D camber 31, 1 83 shall e x pire on th Jla day o Deceab r of each year . 8 • I • • • • .. 9-3-35: LICENSE --DUTIES It shall be the duty of all plumbing contractor licensees to: A. Retain his Master Plumber's license from the State of Colorado or, in the alternative, to retain in his employment a state-licensed Master Plumber. B. Immediately notify the City's licensing officer of any revocation, suspension, or other change in the status of his Master Plumber's license or that of his employee designated pursuant to Section 9-3-33; c. Report in writing to the licensing officer any accident occurring in the course of his trade within the City which results in injury or death to any person or damage to any building or structure; D. Provide safety measures and equipment to protect workmen and the public, as necessary; E. Observe all provisions of the Municipal Code; F. Present his license card when so requested by the licensing officer or his authorized representative. 9-3-36: LICENSE --REVOCATION, SUSPENSION AND DENIAL The licensing officer may revoke, suspend, or deny a license provided for in this Article if he finds that the licensee i s responsible for one or more of the fol l ow i ng a c ts or omiss i on s : A. Failur to comp l y wi th the teras of Section 9-3-37 ; B. Vi olation of the t e ra s o f Section 9-3-33 ; 9-3-3 7: REVOCA TI ON AN D SUS PEN S I ON --PR OC EDU R If t he l i censing officer deter•ines t hat • he ring should be held to dete r •ine if a license should be revoked , susp nd d , or denied under the ter•s of this Article , the procedure there or shall be as provided in ec ions 1-7-1 through l-7-10 of this Code . 9-3-38: LIC S£ --PE S An annu 1 fe of if y Dollars ($50) shall b paid by each applic nt or license prior to the issu nee or rene wal o ny license provld d or in his Article. I • • • • Section 4. Severance Clause. If any article, section, paragraph, sentence, clause, or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each part or parts thereof irrespective of the fact that any one part or parts be declared invalid or unconstitutional. Section 5. Savings and Repeal Clauses. If any provision of this ordinance shall be held invalid, the remainder of the ordinance other than those portions held invalid shall not be affected thereby. All laws or parts of laws and rules in conflict with the provisions of this ordinance are hereby repealed insofar as the same conflict with the provisions of this ordinance. All state and federal laws that are in conflict with these provisions and which preempt these provisions by shall repeal these provisions to the extent they are applicable. Introduced, read in full, and passed on first reading on the 2nd day of May, 1983. Published as a Bill for an Ordinance on the 4th day of May, 1983. Read by title and passed on final reading on the 16th day of May, 1983. Published by title as Ordinance No. _______ , Series of 1983, on the 18th day of May, 1983. Eugene L. Otis, Mayor Attest: ex officio City Clerk-Treasurer 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 coaplete copy of the Ordinance p ssed on final reading and published by title as Ordinance No. , Series of 1983. G ry R. Higbee 10 I • • • • • • BY AUTHOR I'l'Y ORDINANCE NO . COUNCIL BILL NO. 20 INTRODUCED BY COUNCIL MEMBER SER I ES OF 1 98~3------ A BILL FOR -------- AN ORDINANC E AMENDING AR'l'ICLE 5 , CHAPTER 9, SECT I ON 5, OF THE ENGLEWOOD MU NIC IPAL CODE OF 1969, AS AMENDED, TO PR OVIDE F OR OPTIONAL PENSION PLAN FOR CERTAIN EMPL OYEES. NOW, THEREFORE , BE IT ORDAINI::IJ 8Y THE CI 'fY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. Article 5, Chapter 9, Sec t ion 5, Subsections (b) an d (c) of th e E .M.C . of 1969, as a me n ded , are ame nd ed t o read as follows: 5-9-5: b. In addition to the City of Englewood Retirement Plan, and wi th the approval of the appointing authority, a confidential secretary, managerial employee , or a supervisory employee may elect to participate in the Int e rnational City Management Association -Retir e men t Corporation (I.C .M.A. R.C.). According to the rules o f the plan, said employees may contribute such portion of th e ir compensation as is provided by law. c. The City Manager, th~ City Attorney, the Assistant City Manager, the department heads and the full-time Municipal Court Judges may elect to come within the provisions of the International City Management Association -Retirement Corporation (I.C.M.A. -R.C.) Plan. However, upon such election, said employees shall not continue current mem bers hip in the City of Englewood Retirement Pl n. Introduced, read in full, and passed on first reading on the 16th da y of M y , 1 983. 1983 . P ub li hed as a Bil l for a n Ordinance on th 18th da y of Ma y, Attest : Eugen L. Otis, M y or I • • • • • • • I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and complete copy of a tiill for an Ordinance, introduced, read in full, and passed on first reading on the 16th day of May, 1983. Gary R . Hlgbee • I • • • • • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE May 12, 1983 AGENDA ITEM 1b Proposed ordinance amending SUB JECT the Englewood Municipal Code, Article 5 , Chapter 9 , Section 5 INITIATED B.Y Andy McCown, City Manager ACT ION PROPOSED Passage of ordinance amending Article 5 , Chapter 9 . Section 5 of the Englewood Municipal Code, 1969, as amended, to provide for optional pension plan for certain employees. BACKGROUND INFORMATION: Members of my staff and I have been working with A. S. Hansen Actuarial Firm in an effort to enhance the mid-manager, super- visory, and confidential secretary employee benefit packages with- out affecting the City's financial obligation. The proposed ordinance allows the mid-managers, supervisors, and confid ential secretaries to continue in the non-emergency retire- ment plan and at the same time provides them with the opportunity of making tax deferred contributions into the International City Manage rs Association tax deferred retirement plan without placing any additional coat burden upon the City towards thia plan. RECO MMENDATION: Passage of ordinance amending Articl 5, Chapter 9, Section S of the Englewood Municipal Code, 1969 , aa amended , to provide for optional pension plan for c rtain employees . • I • • • • ORDI AN CE NO. BY AUTHORITY SERIES OF 198~3------ A BILL FOR COUNCIL BILL NO. 2 INTRODUCED~BY COUNCIL MEMBER ---+~~~~---- AN ORDINANCE APPROVING AN AGREEMEN T WITH THE SOUTHEAST METR OPOLITAN BOARD OF COOPERATIVE SER VICES FOR MEDIA CATALOGING AND PROCESSING. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. That the agreement between the Southeast Metropolitan Board of Cooperative Services (SEMBCS) and the City of Englewood Public Li brary is hereby approved. Said agreement is attached hereto as Attachment 1 and incorporated herein by reference and contains generally the following: SEMBCS will provide media cataloging and processing services beginning May 1, 1983 and ending Dece mber 31, 1983 for an agreed on sum; said service by SEMBCS shall include re c eiving and checking in of materials, cataloging of all materials, delivery of processed items to Englewood Publi c Library once a week. Section 2. The City Council hereby authorizes the Mayor and ex off1cio Cit y Clerk-Treasurer to sign and attest said agreement for and in behalf of the City of Engle wood. Introduced, read in full, and passed on first reading on the 16th day of May, 1983. 1983 . Published as a Bill for an Ordi nance on the 18th day of May, At est: ex o of Eugene L. Otis, Mayor b e, ex oft1c1o City Cl r -Tr surer of th City r i!y h the bove and forego ng copy o a Bill for an Ordinanc , d on irst reading on the 16th • I • • • • • SOUTHEAST METROPOLITAN BOARD OF COOPERATIVE SERVICES 3301 South Monaco, Denver, CO 80222 PROGRAM AGREEMENT The SOUTHEAST METROPOLITAN BOARD OF COOPERATIVE SERVICES (SEMBCS) and the CITY OF ENGLEWOOD, COLORADO (Englewood Public Library), do hereby enter into an agreement in which SEMBCS agrees to provide media cataloging and processing services according to the attached processing procedures marked Exhibit A. The above program is effective beginning May 1, 1983 and ending December 31, 1983. In support of the above agreement, Englewood Public Library agrees to pay SEMBCS the sum of Ten Thousand Five Hundred Fifty Dollars ($10 ,550), an amount which covers the cataloging and processing of Forty-five Hundred (4500) items at Two Dollars and Twenty-five Cents ($2.25} each and the weekly delivery of processed items to Englewood Public Library. If the number of items processed exceeds 4500 during the term of the contract, Englewood Public Library will be billed at Tw o Dollars and Twenty-five Cents ($2.25} over that number. on the other hand, should the number of items processed fall below 4500, Englewood Public Library will receive a credit of Two Dollars and Twenty-five Cents ($2.25) for each item under the total amount. That credit may be applied to the 1984 contract, if one is forthcoming, or a refund given early in 1984. SEMBCS Media Service will be responsible for the following: 1. Receiving and ch e c king in of material s; rectifying errors in shipping; 2. Professional cataloging of all materials according to procedural agreements; 3. Materials processing will include, for books, a complete catalog card set, bar code label and pocket, mylar jac ket when needed, complete s t of label , and ready for us . Audiovisual items will receiv a complet card catalog et, bar code label and poe t, and, for klts, labelB for each major it m. 4. 0 livery of processed items to En l wood Public Library on e MB ATTt; T: wee ; P ymen of the $ 0,550 hall follow : Board of $3 ,500 y July , $ ,500 by S ptember 1, 1 83 $3,500 by Dece ber 1, 19 3 ClrY 0 NGLEWOOD, COLO ADO By~----~~--------------ne L. Otis , Mayor AT • I • • • • • El'GLEWOOD l't:flL lC L[BRARY l'ROCC:S S JNG PROCEDURES Catalog Dl.lS full cJition 19 (Indians 970 .004), generally t o ,;econd break in the number. Supply pocket only. Adult collection uses L.C. subject headinMS Cltildren's collection uses ~- As for APL , enter bar code for CLSI + in 500 field for card production. l. Adult collection a) FICTION (including foreign authors in trnnsl.llion. cg. 'l'<•ls Luy) F + full surname of author + first lnitinl - F Steinbeck J Short stories by single author as fiction Short stories by several authors: 808.8) + I in;t w<•nl of mnin cntrv + 1st initiJl (if 100 field present) Note: Mystery stories catalog M ~estern stories catuloM W Sc ience Fiction cnL:tlo~ SF loll luolllt M f.ml tsy (u!o<' s.h. Fantastic fiction) Short Stories in these categories arc also cataloged under th lett r. Retain subject hendings for p obOllti, hlstoricJl periods, etc: do not add s.h. or produce the s trang r L.C. fiction he dings! b) fllOCRAI'liY lmllvi<lu.tl •Hill f,unll y IJ t.•lit.lpld• b: fl -1 lull name uf blop.tJphc< + _I _L ...!..!.'.!_L .. !:'l. • s Roo v lt F F1mily hi<••r op h lcs •n• U e Q20 f o r co\1 ct i v portt biu rnphl in h ,, r .ph i , ltul t.r o ni.d lh l : II· pla co lle c tiv~ p ort nu \. ,. \lsc n u on \,.•r I Ill l "''"' of m.1111 <'Il L I y t .tllhu t ll,t n 1Li..l l - 1 1\pll l I 'KH.I' '' I c II 11 1 h r. lrl ~ il l , : I! u I lll b ••• r ,,, ., .. II •ttl ••• ,,f .... I Itt . .. .. I t u l f....,.,,, \ ,, ~I A I • • - ( • • • • • • Lu lu '17 8.8 Hafen L (htVl'll!lc• tnllt•clinn s.llll<' + J :t l ltL .td ol call I) 2. You ng adult c ol lection Fiction only: (nonfiction wi h adu l t titles) Y +full name of author+ 1st initial - y O'Dell s P . There are stickers for Scie nce t icti <'n and Hys ll·t·y titles: they are not cataloged separately. 1. Ch i ldr.,n's ,ollection FICTiON 1. Picture books+ very lettle text: E only (no 2nd line) E (no further designation) .'o spine label II. ConLro11C'd vucahul<try : I" J(,•.tli t•r only: tKeaJer (no furtn r designation) No spi11c 1 abe 1 P. Bla K strip on spin• r. 111. !~: .J + uthor'. urnctm + ltH intlHII Sti.cker,.: Hyst t:y, llnr c , Do)I.H, Sci n .: fh·ti.on . c.ltalor,In•. ut d1 i•natcd in HlO I hul lll rll'l uumln t·:) < r 1• L lc> • il .tl b) J l'ol M "'L • : ,, t u r ~clu Tci"iit i l i c •• tlon , rurt I" td rr . J (:.It'- . : lllm.ll . ~ hi L\..)f"l\ al numb t ull ••P IO I IPIII )I I II••, hi .lUI It ''· •l.: • I • • • • 3 . 4 . Rel renee Ref over call nt.mber. \hll be noted 011 orde r. - P. r . Rel Colo 920 Bluemel E. Childr ens collec tion: J over Ref 5. Audiovisual material s o pock~t~ requlrcd. a).~ I. Rec o rds and musl..: cas:;~tLcs i\NSCAI< caL.ll<•l".ino~· "l'ho o ~<>•Usc " o r '\.·,1::.SC"Lte" ove r cal l numlu:or. I l. Casset te s o th er than music. As books "casse tte" ovc r call ''· See example . h) C H I~ Use accession numbers ""' r,lven: (No OllCII) Phuno,Jisc: ll. lilM>trip. etc. Phonodil;c J Nu-,u.:!ri< Fi I m/..::t:> l -11 .. i\.· Ill. C.uis tt ;; ( nd ,. s< t l• s w llo tw l<s) as !. ol s: lu>i. n l(• "en 6 tt " ov r call numu t. nd FR a.Jcr on lnlo<•l only: ~ cnlv oo uthnr. ~ lc>llow ~l't<ral pr cllt••: cl11n1nol<' puhl1 lwn; coi , uo tltl n. Tl ·-l.if "01<1 \.'c,..l ''. llul Tr ll'l' (unl s p. n ' till ) f lll h•) mcnni.n ful h• nt red 1n o th I L onlin lat Ill ll pr du tor 11 11'1 •t log • I • • • ,. • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE 5/11/83 AGENDA ITEM 1C INITIATED BY Library Department SUBJE'CT Library Department Contract for Med i a Ca t al og i ng ACTION PROPOSED Appr ove ag r eement and a ppropriate necessary fu nds. INT RODUCTION At t ac hed is an agreement betw een the City of Englewood (Englewood Public Library) and the So ut heast Metropolitan Board of Cooperative Services (SEM BCS) for media cataloging and pr oc essing ser vices for t he period May 1, 1983 t hrough December 31, 1983. The contract is r elat ed to processing a nd cataloging of future acquisitions for the Library Department's pu blic service collect ion . As such it will need to be funded on an ongoing basis. BACKGROUND Duri ng the 1983 Budget Request process Council directed the Library staff to prepare a pr opo sal for automat "on of the Department on an interim basis-in lieu of acquisition of the full-scale system proposed by the staff. The attached agreement with SEMBCS is one phase of this interim proposal . The Library Advisory Board has approved this phase and the other phases of the interim proposal for automating the Library. FINANCIAL The cost of services provided to the City of Englewood by SEMBCS is $2.25/item. It is estimated that annu 1 cost to the City will be approximately $10,550 based on the processin of 4,500 items a year. Please note that if SEMBCS processes more than 4,500 items/year the City w1ll be charged at $2.25 each for the additional items. On the other hand if the City processes fewer than 4,500 items/year through SEM S it will receive a c redit. Duri n rl er discussion with Council it was dete~ined th t $10,550 ld be appro- prl ted to the Library Depart• nt from the City' General Fund to cover the cost of the S S agre•ent for 1983. I . • • • 8_ECOMMENDATIONS ~?e staff and Board recommendation is that City Council approve the attached agreement with ,EMBCS for media cataloging and processing services and appropriate $10,550 to the Library pepartment for this purpose. ( SUGGESTED ACTION: MOVED BY------------- SECOND _________________ __ I • ( I YES------~-"0·------~AISENT __________________________________ _ • • • • • MEMO TO: Sharon Winkle, Director of Libraries DATE: May 4, 1983 RE: SEMBCS Contract It is necessary for a Council Action Recommended sheet to be prepared to support the need for the rdinance. bb Attachments cc: Peter Vargas, Assistant City Manager • I • • • ( • • r ORDINANCE NO.~---- SERIES OF 1983 • • • BY AU 'rHORITY A BILL FOR COUNCIL BILL NO. ·i INTRODUCED BY COUNCIL MEMBER. ____ _ AN ORDINANCE APPROVING AN AGREEMENT WITH THE SOUTHEAST METROPOLITAN BOARD OF COOPERATIVE SERVICES FOR MEDIA CATALOGING AND PROCESSING. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. That the agreement between the Southeast Metropolitan Board of Cooperative Services (SEMBCS) and the City of Englewood Public Library is hereby approved. Said agreement is attached hereto as Attachment 1 and incorporated herein by reference and contains generally the following: SEMBSC will provide media cataloging and processing services beginning May 1, 1983 and ending December 31, 1983 for an agreed on sum; said service by SEMBCS shall include receiving and checking in of materials, cataloging of all materials, delivery of processed items to Englewood Public Library once a week. section 2 . The City Council hereby authorizes the Mayor and ex officio City Clerk-Treasurer to sign and attest said agreement for and in behalf of the City of Englewood, Introduced, read in full, and passed on first reading on the 16th day of May, 1983. 1983 . Published as a Bill for an Ord nanc on the 18th day of May, Attest: Eugene L. Otls , Mayor ex officio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Cler -Treasure of the City of Englewood, Colorado, hereby certify th t the above and fore olng i a true, accurate and complete copy or a 11 for an Ord nance, introduced, read in full, and paas d on rat reading on the 1 th day or May, 1983. Cary R. ttl b • I • • • • SOUTHEAST METROPOLITAN BOARD OF COOPERATIVE SERVICES 3301 South Monaco, Denver, CO 80222 PROGRAM AGREEMENT The SOUTHEAST METROPOLITAN BOARD OF COOPERATIVE SERVICES (SEMBCS) and the CITY OF ENGLEWOOD, COLORADO (Englewood Public Library), do hereby enter into an agreement in which SEMBCS agrees to provide media cataloging and processing services according to the attached processing procedures marked Exhibit A. The above program is effective beginning May 1, 1983 and ending December 31, 1983. In support of the above agreement, Englewood Public Library agrees to pay SEMBCS the sum of Ten Thousand Five Hundred Fifty Dollars ($10,550), an amount which covers the cataloging an d processing of Forty-five Hundred (4500) items at Two Dollars and Twenty-five Cents ($2.25) each and the weekly delivery of processed items to Englewood Public Library. If the number of items processed exceeds 4500 during the term of the contract, Englewood Pu bli c Li brary will be b i lled at Two Dollars and Twenty-five Cents ($2.2 5) over t h at number. On the other hand, should the number of i t ems process e d fa l l bel ow 4500, Englewood Publ ic Libra r y wi l l re c e iv e a cr ed i t of Two Do l lars and Twenty-five Ce n ts ($2.25 ) fo r each item und e r the tota l a mount. That credit may be app li ed to t he 1 984 c o n tract , i f on e ia forthcoming, or a refund given early in 1 984. SEMBCS Me dia Se rv ic e will be responsible for the fo l lowi ng: 1 . Rec e i vi ng and chec ki ng in of material s , rectifying errors in shipping, 2 . Pro fessio n a l cata l oging of all materials according to procedural agr e emen t a1 3. M terials proce ing will inc l ude , for books , a comp l ete catalog card set , bar code label a nd po c ket , my lar j a c ket when needed, complete aet of labels , and read y for use . Audio v isual items will r c iv a complete card catalog set , bar code l a bel a nd pocket 1 and 1 for kits 1 label for each major item. 4. D livery of processed items to Englewood Public Library once a week, 5. Payment of the $10,550 aua shall be as followsz $3,500 by Ju y 1, 1983 $3,500 by September 1, 1983 $3,500 by December 1, l 83 SEM C CITY 0 GL WOOD , COLORADO nt Board of Directors L:-6tTa , Mayor Tt ATT Tt lecretuy !x oP(Iclo City Clerk-fr a • • I • ( • • • ENGLEHOOD PUBLI C LIDI\ARY l'I\OCESSlNG I'HUCEDUIU:~; Catalog DllS full udition 19 (In<liuns 970.004), J,~cncrnlly to :;ecouu breuk in the nun~er. Supply pocket only. Adult collection uses L .C. subject headinKs Sears. Children's collection uses As for i\PL, enter bar eodc [or CLSl + in 500 f.leld fur c;1rd pruuuction. l. Adult collection ") FICTION (inc] ud ing foreign uu thors in L rant;] a Ci<HI. "g. 'l'u Is t uy) F + full surname of author + first initinl - I' Steinbeck J Short stories by single author as fiction Sho rt sLori<.:s by ~cve1·ul uuLhors: BO!l.SJ + f.lnJL wu rd of ma.ln unLry + 1st initlul (if 100 field present) .otc: Mystery stories catalog M Wc~tcrn HL ori••s cnLulog W Sl·ience 1-'ic·tion cnLalu~ SF ln!'l n dlnl', LuH.I!IY (to'H ' !l.h. l'unLmllJC fiction) ShorL Stories in Lhesc coteuorles ace ula;o cnL:1lor1cd unde r the lctter. Re tain &object l1cadingb [or pe ... un .. , hii>Loric;~J periods, elc: uo not add s.h . or produce Lhe stranger L .C. fiction headings! \J) lllUGRAI'IIY ln<ilvj,Ju.d .uul f.lnd.Jy uluJ,;C.Iph L' .: n ~ full nnmc II Jloosl•vc·l 1 F family h 'u ruphlcs ,oro.: ol .. o o.;l,,,.,cd II (no lnlU.d .lfll·r full n.1mc) U e 920 for collective hiu~r:~phlC"s , l•ut lry Lu .1vold Lh ,: C!',. pla e collectiv<.: aportl h vJ•r :.phi 11 in liJ>Orta nuntbC'n •. ~;) _l . ......!...!l~l.! g__ lK~· nu1nh~ r 9'·2 II ra.l wunl ul tllodll \'llll y I .u1 llouJ to l.,l nili.tl - Tr v lyan t: J J ~Jil!!..:....tLU~ : ln1ntl ll\!1: l'lll I' 1• 1'1 ,·,II I oo1uool1<.'r. Add y 1 OW d I &n tor tr p i~n .'1LIIr C:lllo ov••r c .111 I : u ,, 1111 loll ••I Llll <.lnl l'b thl loll I 1 b , 1 .. rl.o • t ,. t•·•• t '' ul t r•·• ••I ,., • ....., •• ,," • I • • -- Lulu 978 .!! Hafen r. 2. Young adult co11ectio.~ • • • (.fliVl'ttll<• l 't >i lt!Cl i11n ,;,tttll' + J :tl iti.!<HI oJ' t:lll'l, //) Fiction only: (nonfil!tion wlth adult titles) Y + ftd I natn(: of ,,uthor + 1st inieial - y O'Dell s P . There are stickers for Science f iction and Myste r y titles: they are not cataloged separately. 3. Chi 1 dren' s , ollection ..1) FICTION I. P ~eturc ~ooks +very lmttlc text: E only (no lnu line) E (no further designation) No spine label II. Controlled vocuhulnr~ : E Hcuucr only: ERead er (no furtner designation) No spluc label P. Black st rip on spine III. s~~; J + author I 8 surname + hit inilinl Le wi s c There i~> uo sltorL stury c ollection : l!lass ns flctlon P. Sticker~: Mystery, Horse , Dogs, Science f ictlon. Not dtsignutcd in C<l talor:J Ill\. b) ON I"TC1 JON break) J 8 l'olo H .tdult, hul alt rll•t nutuh"l"b (flt'tJL lu~l,.tl v u : '"' r II[ !n.ltuul .. I ~ •• rcy Sl.hJCL• lll.llla 1 .... It IIlLO[ ,. " IIUI bur lu CuJ 1 "fii""tif CotLiOIIti , e. S(turc J lll.t<:l.! • oil\ ftlltl \I ll L\1 ~. Suil)l'l'L ll ••rtt.l ll);h •!11 ll ' Lll twlutul,.,': /\111 d to , 1,,,.. ly I '''• hl t•lllrl\.tl, l't.:. Stur wJthvuL wotd t 1111 !ired b u11rnphy pn•fn·r!!d II lilllllll Htlll'\ l itlll: lhll'lt b •1 '11'111'1' I.Ju ,.,,l'lt)' 11 1>111. • I • • • - 4. Reference Ref over call m:mbez:. Hill be noted 011 order . - Re[ Colo 920 Bluemel E. Childrens collection: J over Ref No pockets requlrcd. 3. 5. Audiovisual materials r. 6. a).~ T . ReC'ords nnd 111usi..: cnssettcs ANSCAH rntal oging . "l'honodJsc" o r '\!,l!l sctte" over call number. Il. .9.!!!!.~ o ther thnn lnuslc. As boulo. "~.:uss(•LL(•" CIVJ •J' '-•' I n. See example. h) f.!!!~ Usc accession numbers ns p.lvcn: (No OllC:/1) I. Phonodisc: Il . Filmstr I' etc. ll!. C~HiSCLlc" over call nu F.xccpt ~ .lli•.L.:!~!'..:!£.£ AI u l'honodi'ic J 'ur. c ( F /...a .. J 1 : .!.L.!.! only no author. ' pu 1li •l"'n' eric .. , Lt'n c munn naful ) (unleaa port of titl ) ar , '' ll·) 7. Auror •• t ted llltO the 1\I'L onlin uot;~l> I !il 8. (.; t lOjj Cllru ts ill bo pr clue or ull I.PL c.&l doll~ I •·•Lcn.d . • • ORDINANCE NO. SERIES OF 198];--- • • • BY AUTHORITY A BILL FOR COUNCIL BILL NO. 21 INTRODU~:: COUNCIL MEMBER ~,4 ) AN ORDI ANCE APPROVING AN AGREEMENT WITH THE SOUTHEAST METROPOLITAN BOARD OF COOPER ATIVE SERVICES FOR MEDIA CATALOGING AND PROCESSING. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. That the agreement between the Southeast Metropolitan Board of Cooperative Se rv ices (SEMBCS) and the City of Englewood Public Library is hereby approved. Said agreement is attached hereto as Attachmen t 1 and incorporated herein by reference and contains generally the following: SE MBCS will provide media cataloging and processing services beginning May 1, 1983 and ending December 31, 1983 for an agreed on sum; said service by SEMBCS shall include receiving and checking in of materials, cataloging of all materials, delivery of processed items to Englewood Public Library one a week. Section 2. The City Council hereby uthorizes the Mayor and ex officio City Clerk-Trea urer to 1gn and attest said agreement for and in behalf of the C1ty of Englewood . Introduced, r ad i n ull, and passed on first r ading on the 16th day of May, 198 3 . Publish d as Bi l f o r n Ord nance on the 18th day of May, l 83 . A •• Eug is, Mayor I • • • SOUTHEAST METROPOLITAN BOARD OF COOPERATIVE SERVICES 3301 South Monaco, Denver, CO 80222 PROGRAM AGREEMENT The SOUTHEAST METROPOLITAN BOARD OF COOPERATIVE SERVICES (SEMBCS) and the CITY OF ENGLEWOOD, COLORADO (Englewood Public Library), do hereby enter into an agreement in which SEMBCS agrees to provide media cataloging and processing services according to the attached processing procedures marked Exhibit A. The above program is effective beginning May 1, 1983 and ending December 31, 1983. In support of the above agreement, Englewood Public Library agrees to pay SEMBCS the sum of Ten Thousand Five Hundred Fifty Dollars ($10 ,550), an amount which covers the cataloging and processing of Forty-five Hundred (4500) items at Two Dollars and Twenty-five Cents ($2.25) each and the weekly delivery of processed items to Englewood Public Library. If the number of items processed exceeds 4500 during the term of the contrac t, Englewood Public Library will be billed at Two Dollars and Twenty-f ive Cents ($2.25) over that number. On the o ther hand, should the number of items processed fall below 4500, Eng l ewood Publi c Library will receive a credit of Two Dollars a nd Twenty-five Cents ($2.25) for each item under the total amount. That credit may be applied to the 1984 contract, if one is forth c oming, o r a refund given ear l y in 1984. SEMBCS Media Service will be r e s p onsi ble f o r the f o ll o wi ng : 1. Re c eiving and c he c k ing in o f ma t e r i a ls ; rect f y ing r ro r s in s h ipp i ng; 2 . P ro f ess io n al catalog ing of 11 materials acco r ding t o procedural a g eme n ts; 3 . Mate r ia ls pr oc sing will include, for boo s, a comp le e ca alog ca d t, ba r cod label and pocke , ylar JAC et when needed , co ple t e et of labels, ad ready for u e. Audiovi ual item will r ceiv a complete card c talog se , bar code label nd pock t, and, for kits , labels for eac • jor lt m. 4. D livery of proc as d it •• o n 1 d P bl c Library o ce a w k; S . Paymen of the $10,550 um h ll be a follow $3,500 by July 1, 198 $3,500 by Sep e $ ,500 by Decem MBCS CITY GL WOOD, COLORAUO T: A T1 ry •• • I • • • • • E,'GLEWOOD PUBLlC UBHARY PROCESS i NG 1'1W CE DU1U~S Catalog DOS full e dition 19 (lndiaus 970 .00 .. ), generally to :,ecoud break in the number. Su~ply pocke t onl y. Adul t collection uses L.C. subject headiu~s Sea rs. Children's cullection uses As for APL , enter bar cod e for CLSl +in 500 field for card production. I . Adult collection a) FICTION (includ ing foreig n uutho.-.; in trnnsl.lliou . 'f:· '1\dstoy) F + full surname of author+ first initJn1 - F S teinbeck J Shor t stories by s ingle author as fiction Sho rt s tories !Jy several a uth ors: 808 .8) + fln.:t "'"rd <•I main entrv + 1st ini t ial (if 100 field present) Not Mystery sto ries catalog M \/estern sto ri t•s c·at.dog W SC'ienc FlC'tion C<lt:llo~ SF Jn,·1udii1J\ f.tnt.tsy (w,,• -..h. Fantastic fiction) Short Stories in th s atego ri es ~r al~o cataloged under th 1 tt r . hl•;lding:, lor pc";on,, historical period s , etc: do not odd the tran~ot r I .c . fiction h dlngs! b) BlOGR riiY lnd vldu,d 111tl f.uuily bJu~,;t:.~pldo • 8 -1 lull n1 e of l>lo rnphn + '"' llllll · I - 8 r nl o d II ( n 1 Ill I l La! 1 ( l< r f u II n. I h •r.tphl • , lout tr IP rt nu , vult thf : I'• pl oll cliVe lt c nu llf 1 j r "1 .. r '"' cult .tutl u t l l nit1 1 - ill put I R • I' 1 , f ~ 11 II r. r litra • I • • -• • • c.o lo 'J78 .!l Hafen I. ( luv,•n 11,• '"ll<•ct i nn"·""" -i J .tt ltc.td ol call II) 2. Youn~ adult collection Fiction only : (nonfiction "'i h adult titles) Y ~ f•Jll name of author+ 1st i nitial - y O 'Dell s t'. The re are stickers lo t· Science I i<~tj nn anJ ly» Pry titles: they are not cataloged s pa r at ly. 3. Ch i 1 dren ' s , o l lec:tion ;) F CTlUN I . Pic ture books+ ve r y lcttle text: F only (no 2nd lin) E (no fu rth e r designa t ion) So spine label II. Controllc>d vocJhul:1ry : 1 ih.'o~d<·r only: Eke de r (n > f ur tn r d signation) No spine Jnb 1 P . Blue~< strip on spin• III. !~: J +author'~> :.urn•m•• ~ 1 l initJ.tl rhcn lewl c 110 It I t all II ollt tl<~n: , l.t ry, H r e , D< :lu • f1 flt ll Oil n. t di 1 •n•t~d in b) •• (fir L l it I IU ull lJ ll • I . p. P . • • - 4 . Reference Ref ove r call m:mb r . i>i 1 he noted "" onler. - Rel Colo 920 Bluemel E. 'o pockclti required. Childrens collection: J over Ref 5 . Audiovisual material s a). ADULT r . ReC'ords and mu sh: cassl'tlc•s ANSC. R <'a L.tl <• •in•:. "l'hoth>di~c" o r '\·.t:"SC'lt e " ovc ~ t'al l numhcr . 1 1. Casset tes oth r than mutilc. ,\s books "ca ss~:>tce" over cull 11. See example. h) CHILDREN$ U:;e accC»'I i o n numhet·s as give n: (No OllC/1) I. Phunodl,;c: u. lilmt.trip •t<. l'honodi,c J . ·u~ "rl( 3. IlL (.; I ~Ll 6 (au I a:. • [ l r call nu. b w tl1 hook ) d H t.ool t.: 1, l •n ll "ell" et t '' ov F.xc•cp_s I. nd ~ llut Tr '~''' nl 11 r. tor 1 I\: till nlv 110 uth r. II • • t 1 •• l p rt 0 ti 1 ) l .tn n 1 ul • • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE 5/11/83 AGENDA ITEM 1C 1 N 1 TI ATED BY Library Department SUBJE'CT Library Department Contract for Med ia Ca talog ing ACTION PROPOSED Approv e agreement and appropriate necessary funds. INTRODUCTION Attached is an agreement between the City of Eng lewood (Englewood Public Library) and the Southeast Metropolitan Board of Cooperative Services (SEMBCS) for media cataloging and processing services for the period May 1, 1983 through Decem ber 31, 1983. The contract is related to processing and cataloging of future acquisitions for the Library Department's public service co llection. As such it will need to be funded on an ongoing basis. BACKGROU 0 During the I983 Budget Request proces s Cou ncil directed the Library staff to prepare a proposal for automat on of the Departaent on an interia basis -in lieu of acquisition of the full-scale system proposed by the staff. The att ched agreement with SEMBCS is one phase of this interim proposal . The Library Advisory Board has approved this phase and the other phases of the interia proposal for autoaatina the Library. FINANCIAL The cost of services provided to the C1ty of ngle d by SEMBCS is $2 .25/item. It is estia ted that annual cost to the City will be approxiaa ely $10,550 based on the process! of 4,500 itea a y r. Pl note th t if 5 proces es aore than 4,500 items/year the City will b c r ed at $2.25 h for the di io 1 items. On the other hand if the City proce ses f wer than 4,500 1 s/ye r through S it will receive a credit. d era1ned that $10,550 uld be appro- und to co r th cos of the ith SEM I . • • • • RECOMI-1ENDA TIONS •ihe staff and Board recommendation is that City Council approve the attached agreement with 41 IB-1BCS for media cataloging and processing services and appropriate $10,550 to the Library Department for this purpose. SUGGESTED ACTION: MOVED IY 'I SECOND YE~ HO AI ENT • I • • • - • • MEMO TO: Sharon Winkle, Director of Libraries DATE: May 4, 1983 RE: SEMBCS Contract It is necessary for a Council Action Recommended sheet to be prepared to support the need for the a rdinance. bb Attachments cc: Peter Vargas, Assistant City Manager • • • ORDINANCE NO.~---- SERIES OF 1983 • • - BY AUTHORITY A BILL FOR COUNCIL BILL NO •. , INTRODUCED BY COUNCIL MEMBER. _____ _ AN ORDINANCE APPROVING AN AGREEMENT WITH THE SOUTHEAST METROPOLITAN BOARD OF COOPERATIVE SERVICES FOR MEDIA CATALOGING AND PROCESSING. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. That the agreement between the Southeast Metropolitan Board of Cooperative Services (SEMBCS) and the City of Englewood Public Library is hereby approved. Said agreement is attached hereto as Attachment 1 and incorporated herein by reference and contains generally the following: SEMBSC will provide media cataloging and processing services beginning May 1, 1983 and ending December 31, 1983 for an agreed on sum; said service by SEMBCS shall include receiving and checking in of materials, cataloging of all materials, delivery of proces~ed items to Englewood Public Library once a week. Section 2. The City Council hereby authorizes the Mayor and ex officio City Clerk-Treasurer to sign and attest said agreement for and in behalf of the City of Englewood. Introduced, read in full, and passed on first reading on the 16th day of May, 1983. 1983. Publis h ed a s a Bi ll for an Ordinan c e on the 18th day of May, Att e st : Eugene L. Otis, Mayor e x of fi cio City Clerk-Treasurer I , Gary R. Higbee , ex officio Cit y Cleck-Tr surer of the City ot Engl wood , Colorado , hereby certify that the above and foregoing is true, accurate and complete copy of a Bill for n Ordinance , introduced , red ln full , and passed on firat red ng on the 16th day of May , 1983 . • I • • • • • SOUTHEAST METROPOLITAN BOARD OF COOPERATIVE SERVICES 3301 South Monaco, Denver, CO 80222 PROGRAM AGREEMENT The SOUTHEAST METROPOLITAN BOARD OF COOPERATIVE SERVICES (SEMBCS) and the CITY OF ENGLEWOOD, COLORADO (Englewood Public Library), do hereby enter into an agreement in which SEMBCS agrees to provide media cataloging and processing services according to the attached processing procedures marked Exhibit A. The above program is effective beginning May l, 1983 and ending December 31, 1983. In support of the above agreement, Englewood Public Library agrees to pay SEMBCS the sum of Ten Thousand Five Hundred Fifty Dollars ($10 ,550), an amount whi ch covers the cataloging and processing of Forty-five Hundred (4500) items at Two Dollars and Twenty-five Cents ($2.25) each and the weekly delivery of processed items to Englewood Public Library, If the number of items processed exceeds 4500 during the term of the contract, Englewood Public Library will be billed at Two Dollars and Twenty-five Cents ($2 .2 5) over that numb er. On the other hand, should the number of items processed fall below 4500, Englewood Pub lic Library will receive a credit of Two Dollars and Twenty-five Cents ($2.25) for each item under the total amount. That credit may be applied to the 1984 contract, if one is forthcoming, or a refund given early in 1984 . SEMBCS Media service will be responsible for the following: 1 . Receiving and checking in of materials; rectifying errors in shipping ; 2 . Professional catal oging of all materials a cco rding to procedural agreements; 3. Matedals proc sslng will include , for books, a complete c ta og card set, bar code label and pocket , mylar jacket when needed, complete set of labels, and r ady for use. Aud iovisual it ms will receive a complete card c talog set, bar cod label and pocket, and, for kits, labels for each major item. 4. Delivery of process d items to Englewood Public Libr ry once a week; s. Pa tnt of the $10,S50 au shall be as followst $3,500 by Ju y 1, 1 83 $3,500 by epte ber 1, 1983 $3,500 by 0 ce ber 1, 1983 CITY 0 GLP!WOOO, COLORADO oerd ol ole ctora L70ds, 11ayor AT Tt ATT T1 lecutar y h otlldo ci y chrk-·r'C • I • •I'. • • • ,. • ENGLEW OOD PUD L LC LIBRARY l'RUCESS I NG I'HUCI\DUIU~ Catalog DOS full edition 19 (Indians 970.004), !\encrally to :;ecoad break in the number. Supply pocket only. Adult collection uses L.C. subject headinHs Sears. Children's collection uses As for Al'L, enter bar c:ode fur Cl.Sl + ln 500 f.lcld rue cnnl pJ:uductiou. 1. Adult collect ion n) FICTION (including foreign uuthors i.n Lrnm;l~ttinu. c~· .. 'L'<>Istuy) F + full surname of author + first initlnl - J' Steinbeck J ShoJ:t stories by slngl~ author as fiction !:ihort !lLorle" by sl!venll authors: HOI!.BJ + flrsl wnnl of nm.i.n cnl r y + 1st initial (if 100 field present) Note: Mystery utories catalo~ M Wcst.l!rn s Lurlt•s caLalog W Seicnce Fit·tion cnL:tlug SF ln1·ludln1 ', fanLo~sy (u s <· N.h. FanLustJc fiction) Short Stories in Lhcsl! cutcgor les arc ul11o c.1tal oged under the letter. 1\ctain subject l 1 cading~; ror J>Cc'son,;, hlliLoricuJ period~>, cLc: do not ndd s.h. or produce the stranger L.C. fiction headings! IJ ) ll lO CHA I'IIY Lud lv h lu.d a mi f.nnlJy l.du~:r.1pld~·:.: n 1 f u ll n:~m c u f blol\n lphcc + II'IL 1n1l •.~L- II 1\oo~H·v t· ll F Fam ily h'usr.ljlhlc s .~r~ also d ~l »»l'U ll (no i•1l LJ.d .tfLcr full n.tm ) U 9 20 fu r collec t i v e h u.;r ophJc,;, '"'' Lry Lo .IV<>ld th!.,: cg. p l e coll ctivl! •port a hior,r;oph l l!li in llpu r ts numht'r. •• c) ____ Q_r.!..!..!L_ ll"l' uuHihur ~ I lrtH W<llll ,,, ••tloo <'lillY 1 .n<LI•uat ltt l u iLi.ll - 91, Tr v.;,lyan t: <.1) _:!!~.:!L.!1!.lli!~ : lupul I.A it\:!·: l'IU I' 11 o•t ~.oil 11111 11 lo~r. Add y l OW d li&n l Or a trJ p ,(.£WOOD coll ..: tt.m: l npul ''. li41Hllor fl)lu u•1r c1ll I: .u, ---rr,~. -U will h1.• ludii'U l l.'<l VII n n J l'lt tlll lol lll h l t:l H 111 c . Lolilii'L II~. - ,t t •I• lfl•ttllt,t\ tl f'l•H't ...,,.,. \lt•r~• Itt l'•ltlt••~l tt"' •••t•tllt•._, •l • I • Lulu 9 78.!l Haf en I. 2. Young adult cu l _l.:,ect~.ll • • - (.fu VL'Illlt· ('I " ll!cl ion >:.1111(' +.I ,'J[ ltL:ml or call II) Fiction only: (nonfiction with nt.lu1L titles) Y + full naml\ of ::w thor + 1st initial - y O'Dell s 1:'. There aL·e stickers Cor Science [ictlon and Mystery titles: they are not cataloged separately. 3. Children's <.oll ection ..1 ) FICTION l. l'ictuce books + very lC!l tIe texL : 1-: unly (no :lnt.l linl.l) E (no further designation) No spine label II. Controlled vocahulnrr: E Reut.lcr only: ERead er (no Curtner designation) No splne lnhel P . Black strip on spine p. III. Other: J +author's surname + 1st initlnl .) Lewis c The re ih no lit>Ll Slt•ry collccllon: clo•;t; Db flc L lon Stickers: Mystery, Horse , Dogs, Scienre f i ct ion. lillilh>t•l•lt~· b) J B l'olu M J 292 {1.tt \.' Tl oL tllsignutcd in t.l 1.! : ,, r "' hdtUU "'. "•IL'CY SJ>urt• .. 1\lliln.tl ident f c •• Lion , ie. 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Foll ow Rcn ral prac lin~: cJ JJnin.Hl' puh lia;IH•r,; a;eril!ll, t r ue title na Time-Life "Old Wu.,L". llti 'CJ Sun~ L (unla¥~ pnrL uf L£L u) at ion al C oaraphlc society (unl •• port or titl ) Rt:o:lllt'rll l>iAest (un l~.:•t>i fltn or llll4•) me nn lngful A 1 EPL the OCLC toloalna 1nfonaat1on nterf ill be Vi I ntcr into the AI'L onl.i.n d tilbus C rd sets C t lo rll • I • • • • 1D B'i AUTHORITY ORDINANCE NO. SERIES OF 198~3------ A BILL FOR COUNCIL BILL NO. 22 INTRODU~~ BY COUN~IL MEMBE~ ~ AN ORDINANCE APPROVING AN AGREEMENT WITH URBAN DRAINAGE AND FLOOD CONTROL DISTRICT FOR IMPROVEMENTS ON LITTLE DRY CREEK IN THE CITY OF ENGLEWOOD. WHEREAS, the City of Englewood and the Urban Drainage and Flood Control District have jointly conducted a feasibility and hydrology study of Little Dry Creek; and WHEREAS, the City of Englewood and Urban Drainage and Flood Control District desire to implement flood control improvements on Little Dry Creed to prevent flooding; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. An agreement between the City of Englewood and the Urban Drainage and Flood Control District is hereby approved, said agreement titled •Agreement Regarding Little Dry Creek (ARAPCO) Construction of and Acquisition of Right-of-Way for Improvements (Agreement No. 83-03.09)• consisting of 9 typewritten pages, attached hereto and marked Exhibit •A•. Section 2. Said agreement generally provides as follows: A. For engineering, construction and land acquisition, including con truction of the detention area on School District Property 1 B. Costs to be shared by the District and the City with Dist rict cont ributing $900,000; C. Right-of-way to be acquired and used for th purpose of flood control; D. Construction to b •anaged by t • City with th assistance of the District. ction ). The Mayor and the Director of Finance ex officio City ler -Treasurer are hereby author z d to • gn and attest th agree n or and on behalf o the City of nglewood. In roduc d, re d in ull, and 1 h d y 0 " y, 1 3. ss d on firs read n on t • I • • • • Published as a Bill for an Ordinance on the 18th day of May, 1983. Eugene L. Otis, Mayor Attest: ex officio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and complete copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 16th day of May, 1983. Gary R. Higbee I • • • • • . . • Ar.PE~MENT REGARDING LITTLE DRY CREEK (ARAPCO) CONSTRUCTION OF AND ACOUISITION OF RIGHT -OF-WAY FOR IMPROVEMENTS (Agreement No. 83-03.09) THIS AGREEMENT, l'lade this ------da y of --------' 1983, by and between the URBAN DRAINAGE AND FLOOD CONTROL DISTRICT (hereinafter called "D ISTRICT") and the CITY OF ENGLEWOOD (hereinafter called "CITY"): WITNESSETH : WHEREAS, DISTRICT, in a pol icy statement prev iou sly adopted (Resolution No . 14, Series of 1970), expressed an intent to assist public bodies which have heretofore enacted floodplain zoning measures; and WHEREAS, CITY, DISTRICT, Cherry Hills Village, Greenwood Village, Arapahoe County, and Douglas County cooperated in the prepnation of a drainageway master plan for Little Dry Creek (ARAPCO) en itled, "Major Drainageway Planning, Little Dry Creek" by McCall, Ellingson, and Morrill, Consulting Engineers, dated February 1974; and WHEREAS, CITY and DISTRICT have jointly proceeded with and completed construction of channel itnprovements on Little Dry Cree (ARAPCO) fi'OIII the South Platte River upstrealft to Santa Fe Drive; and WHEREAS, CITY and OISTRICT have jointly conducted additional feasibility and hydrology studies on Little Dry Creek from Clarkson downstrea• to the South Platte River; and WHEREAS, CITY and DISTRICT have joi ntly conducted additional feasibility and hydrology studies on Little Dr Cree fi"'OII Clarkson downstrea111 to the South Pla te River; and EREAS, CITY at th ir cost has enQa ed Wr1gh -Lau lin Engineers (n laugll11n ater Engineers) to design facilities to contain the floods in Little Dry Cr (AitAPCD) fr Senti Fe Drive to Cllrkson Strtet wll rein DIST ICT hiS p~rttcipattd to t ent of reviewing plans, at ndfng progr u etings, alld providing tnp11t accordingly; and REAS, CITY and DISTRICT wish to proceed vith certain portions of the 1111rov nts on l t lt Dry Crte includi ng right-of·vay acquisition frail lroa y u tre .. to abov Chr son St t and construction of a t ntion facility on (ngl od Sc ool District pro rtv; and I • • • • WHEREAS, DISTRICT has adopted at a public hearing a Five -Year Capital I mprovement Program (Resolution No. 30, Series of 1982) for drainage and flood control facilities in which funds for right-of-way acquisition and construction of impro vements on Little Dry Creek (ARAPCO) from Santa Fe Drive to Clarkson Street are included therein; and WHEREAS, DISTRICT has heretofore had adopted a Special Revenue Fund Budget for Calendar Year 1983 subsequent to public hearing (Resolution No . 31, Series of 1982) in which funds are available for the DISTRICT's share of right-of-way and construction costs; and WHEREAS, DISTRICT Board has authorized DISTRICT financial participation for acquisition of right-of-wa y and construction of improveMents on Little Dry Creek (ARAPCO) from Santa Fe Drive to Clarkson Street (Resolut i on No . 22, Series of 1983). NOW, THEREFORE, in consideration of the initial promises contained here in , the Parties agree as follows: I. SCOPE OF THIS AGREEMENT This Agreement defines the responsibilities and financial connitments of CITY and DISTRICT wi th respec t to acquis i tion of right-of-way and construction of flood control improvements on Little Dry Creek (ARAPCO) within and ad acent to CITY as defined herein . 2. SCOPE OF IMPROVEMENTS The proj ect shall consist of ac qu isi ti on of right-of-way needed for flood co ntrol i"''lrov nts consisti ng of channel construct ion fr0111 Broadwa y upstreA'" to us of Chrltson, and the proposed off chan nel detention facili y on Ll le Dr Cree and construction of the proposed off channel det ntion flc11ity located south and wes of the Intersection of Clartson Stree and South Jefferson Drive. The det ntton fac11i y shall be constructl'd en..,ttally In confon~~~nct with t ftntl dtsl n, defln d as Sc ult IV-I, Ill Sc ool Ott n lo Pond prepared b Ltu 11n attr Engi n, tactpt for atnor chall s as agreed by both parties. Change ordtn shall be procused in accordance with Section 7 .2.4 herein. 2 I . -• • • 3. ADOPTION OF FINAL DESIGN ANO RIGHT-OF-WAY MAPS CITY and DISTRICT agree that final design and right-of-way maps prepared by Mclaughlin Water Engineers and approved by CITY and DISTRICT will be used to construct the detention facility and to acquire the needed right-of-way. Any changes to final design of the detention facility and right-of-way maps as approved by CITY and DISTRICT shall require the approval of CITY and DISTRICT. 4 . PUBLIC NECESS lTV CITY and DISTRICT agree that the work perfonned pursuant to this Agreement is necessary for the he a 1 th, safety, comfort, convenience, and welfare of all the people of the State, and are of particular benefit to the inhabitants of the DISTRICT and the property therein. 5 . FLOODPLAIN REGULATIONS CITY agrees to regulate the floodplain in accordance with standards acceptable to DISTRICT . 6, PROJECT COSTS 6.1 CITY and DISTRICT agree that for the purposes of thi s Agreement pro j ect costs shall consist of, and be l i mi ted to : a) Cost of right-of-way easements or fee simple acquisitions including appraisal costs and co sts associated with condemnation, but not i nc luding i n-house legal costs or adollinistrltive costs. b) Construction cos t IS incurred in the lowest 1ccept1ble bi d ( ) fr011 contr1ctodsl 1nd authorized wr itten ch1nge or work orders . c) Detour costs d) Ut111ty relocation costs e) Ltc nses and pel'lllts f) Field ul"'eying, sta ing, inspection, and Nttriah testing . g) Contin tltfes .utu11ly agreeable to CITY and OISTllCT . 6.2 It fs understood hat proj.ct costs 11 defined abo e are estillllted 110 to uceed $3,500,000. Project costs for t varf011s e1 _, s of th tHort are tstf•ted IS fo11 3 • I • • • • a) Right-of-Way acquisition costs from Broadwa_v to east of Cldrkson ------$1,500,000 b) Construction Related Costs 1l Construct ion-- --- - -- -- - - 2 Construction field surveying, staking, inspection, and materials testing (10~ of a)---- 3) Contingencies (lO'l of a)-- Sub Total (Construction)- Grand Total -- -- --- - $1,666,600 $ 166,700 $ 166,700 $2,000,000 $3,500,000 7. ALLOCATION OF COSTS AND FINANCIAL COMMIT MENTS OF DISTRICT AND ClTY Based on estimated project costs of $3,500,000, OISTRICT shall contribute $900,000 and ClTY shall contribute $2,600,000. If total project costs are less than S 1,800,000 then tot a 1 pro ject costs sha 11 be shared on a 50-50 basis by each Party. If total project costs exceed $1,800,000, DISTRICT"s share shall be $900,000. 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 $900,000. Procedures and payment for right-of-way and construction are defined in the remainder of Section 7 . 7.1 Right-of-Way Acquisition . ClTY shall be responsible for acquiring, subject to approval of DISTRICT, such land or interests in land needed to implement construction of flood control improveooents IS defined herein . The cost to be shared by ClTY and DISTRICT for rlght-of-w y tcaulsltlon NY lnclud relocttion costs of exls lng occupAnts. Rl ht-of-wt acaulsltlon shall be In tccordlnce wit DISTRICT policy 1 ached hereto as Exhlbl A. Cost shu In by onul apprthah, rusontble relocttlon cost e tl nts, legel crlp lon of ap raprll • to prtl r y, tnd ot r nfo,...tion d tcouh1tlon . fur h t'IIIOrt, co t trlng will only far til proper it , or portl reof, appro~ed by DISTRICT tnd b DISTRICT to n edtd for flood control I . • • • portions of the project. Request for such approval shall include forma 1 appra i sa 1 s of property, 1 ega l description of the property, and other information deemed appropriate to the acquisition . 7.1.2 Pavment for Right-of-Way Acquisition. Following purchase or receipt of executed memorandum agreement between CITY and property owner for the needed right-of-way that coflllli ts the property owner to sell property to CITY at a price certain and on a date certain, CITY shall so advise DISTRICT and request payment of DISTRICT share. DISTRICT shall remit to CITY DISTRICT's share of purchase price not more than 30 days prior to the closing date of the owner to CITY or within 30 days if request received after the closing date. DISTRICT's share shall be 50 % of the right-of-way cost up to the maximum comnitment of DISTRICT of S900,000 for both right-of-way and construction. 7.1.3 Ownership of Propertv and Limitation of Use. CITY shall own the property acquired pursuant to this Agreement and shall be responsible for maintenance of same. It Is specifically understood that the right-of-way Is being acquired for flood control purposes. CITY NY relocate property owners as their properties are purchased, sell the buildings to other public or private parties, provldf'd the bulldln2s would be relocated, salvaged or razed with in nine mnths of date of sale. The properties acquired pursuant to this agr-nt shall not be used for anv purpose tha will dl11lnish or preclude Its use for flood control purposes. CITY NY not dispose of or change the use of the properties so acquired wl hout approval of the DISTRICT. If In th future the use Is changed to 1 purpose not cOODPatlble with flood control or t p P"r h dhpos d of, the DISTRICT's are o the cost o rl t-of-wa and construction 1 tr1butablt to tht DISTRICT sha11 bt rt urH<I to the DISTRICT. If 1111 or all buildings are old to other pertles, CITY shall It to DISTRICT, 1.M p rata shirt of DIST ItT's original contrlbutlo to t acquht I on of pro rtlt sold by CITY , which fund • I • • • • DI STRI CT shall co11111it to other port i on s of the Little Dry Creek pro j ect in Englewood . 7 .2 Construction 7 .2.1 Costs. Construction costs shall consist of construction costs of the detention facility as Incurred in the lowest acceptable bid from contractor(s), detour costs, licenses and permits, utility relocations, and construct i on related engineering services as defined in Section 6 of this Agreemen t. Estimated construction costs of the detent i on facility are S2,DDO,OOO. 7 .2 .2 ~· DISTRICT shall make payment to CITY for completed porti ons of construction within 30 days of receipt of pay reaues t frOI'I CITY. Such pay requests shall include copies of contractor 's pay reauests. Contractor's pay request shall Inc I ude approval of DISTRICT . 7 .2.3 Construction Management . 7 .2 .3 .1 The parties agree that CITY, through Its Ci t y Eng i neer or his representative, and wi th t he assistance of DISTRICT, shell be respons i bl e for tl>e adlll l nlstratlon of the construction rel ated worlt as provided t>ere l n . DISTRICT sha ll work with CITY and prov i M CITY the as sistance needed to acc0111PI1sh cons truc t i on . 7 .2.3 .2 CITY, wi th a ssistance a nd approva l of DIST RICT, will advertise fo r cons t rvctlon bid s , conduc t 1 fonMI bi d opening, prepare fo,.,..l construction con nct(sl with approval of DIST RI CT. 7.2.3 .3 CITY, with us1stanct o DIST RICT, will coordinate field survtylng, sta ing, In pectlon, testlll , acquisition of rig t-of-, and engineer u re ulred to construct t proposed dralna l1111ro ts. CITY, with auhtanct of OIST ICT, wll I assure the construct lOll Is perfo..--4 '" ' I • • • • accordance with approved plans and specifications and will accurately record the quantities and costs relat ive thereto. Copies of all inspection reports will be furnished the DISTRICT on a weekly and timely basis. 7 .2.3 .4 The DISTRICT shall have access to the site during construction at all times to observe the progress of work and conformance to plans and specifications. 7.2.3.5 CITY will review, approve, and pay contractor billings and forward them to DISTRICT for reimbursement. DISTRICT will remit payment to CITY of DISTRICT's share of project costs based on billings approved by CITY and DISTRICT. DISTRICT's share shall be SD'l of pro j ect costs up to the maximum commitment of DISTRICT of $900,000 for both right-of-way and construction. 7 .2.3.6 CITY, with as sistance and concurrence of DISTRICT, will prepare and issue all wr i tten change or work orders to the contract doc~nts. 7 .2.3.7 DISTRICT and CITY s hall j ointly co nduct a final Inspection of COfiiPleted flc1lft1es. 7.2.3.8 CITY will prov i de DISTRICT 1 set of ~~~Yhr reproducible •u constructed" drawings . 7.2.4 Co nstruction Change Orders. In the event thlt In the prosecution of the wor under construction contract(s), 1t becONs necessary 1nd advisable to chan the scope or det111 of rt to be perfo d und r the contract(l), sucll ch1n 1 1 all approved In writing by botll CITY and DISTRICT . a. a and ntspon fblt for Mlnt lettd fac111tle a NI rf ts-of·way ~equlrtd by nt . Th part ttl urt • r ag t It District I • • -• • - shall assist CITY with the maintenance of all facil ities constructed or modified by virtue of this Agreement to the extent possible depend ing on ava i1 ability of DISTRICT funds. Such rna i ntenance assistance shall be 1 imited to drainage and flood control features of the project . The specific nature and terms of the maintenance assistance shall be set forth in a memorandum of understanding between CITY and the DISTRICT . A proposed memorandum of understanding shall be submitted by DISTRICT to CITY for its review within 60 days following acceptance of improvements or acquisition of floodplain upon which no flood control facilities are planned. Maintenance assistance may include activities such as keeping flow areas free and clear of debris and s ilt; cutting and controlling grass and weeds in the channel and detention facility right-of-way; keeping culverts and detention facility drains free of debris and sediment; repairing drainage and flood control structures such as detention facility outlet structure, drop structures, and energy dissipaters; repairing eroded sections of channel and detent ion facil ity right-of-way; end clean-up measures after periods of heavy runoff. The DISTRICT shall have right-of-access to right-of-way at all thoes for observation of flood control facility conditions lnd for Nintenance when funds are available. 9. PUBLIC RELATIONS It shall be the responsibility of CITY to carry out any public relations progrem to inform the residents along L1ttlt Dry Cree (ARAPCO) as to th purpose, proposed facf11tits, and 1 ct on th • • • ( ( • • • • WHEREFORE, t he part ies hereto have caused this instrument to be executed by properly author ized signatures as of the date and y ear above written. (SEAL) ATTEST : (SEAL) ATTEST : ' THE URBAN DRAINAGE AND FLOOD CONTROL DISTRICT By ____________________ __ Title __ ~E~x~e~cu~t~i~ve~O~i~re~c~t~or~---- Date --------------------- CITY OF ENGLEWOOD By ___________________ _ Title ___________ __ Date ----------------- I . ( ( • • 0 • • • EXHIBIT A REAL PROPERTY ACQUISITION POLICY April 1982 WHEREAS, the District participates in construction and maintenance pro j ects and in floodplain preservation efforts wherein it is necessary to acquire by purchase or condemnation, title to, easements over, or right of entry to real property for flood control purposes; and WHEREAS, in some cases local governments are the purchas i ng agency with the District participating in the cost of the acquisition, and in other cases the District is the purchasing agency; and WHEREAS, when local governments are the purchasing agency it is desirable for the District to have guidelines that will serve as a basis for District sharing in the cost of the acquisition; and WHEREAS, when the District is the purchasing agency it is also desirable to have guidelines for the purchase or condemnation of real property by the District; and Therefore, the following policy shall be used in the acquis iti on of real property when District funds are involved and when the local governl!ll!nt is purchasing agency: 1. District shall par icfplte to the extent set forth In 1n lnter1gency 1gre-nt In the cost to 1cqulre by purchue or condet~~natfon, title to, easements over, or right of entry to N'al property needed for the project. Such property sh1ll be described by the use of boundlry survey dttl 1nd shill Include only the ptrcel$ needed for t fiO<Id con rol project or flood control portions of e pro ct . b . purcha f ng 1 ncy shall uuse an apprafstl to be Nde bY an ap raiser approYed II the District of the real proptrty u .1 c to acQIIfsltfon. The tpprahtr s 111 po _ t s 111 I d 1 atlof'l for acQVhltfons tstiNttd to cos rt t 111 SIO,OOO • I • • • • • c. The property owner should be advised informally and as early as possible of the interest of the agency in acquisition of the property . Further informal discussions and negotiations as appropriate should be held prior to completion of the appraisal . d. Negotiations sh~ll be continued with the owner(s) on the basis of the appraisal once it is completed. If the appraised price is unacceptable to the owner(s) the purchasing agency, in accordan ce with § 38-1-121, CRS 1973, shall provide a formal notice of intent to acquire the property together with a description of the property to be acquired to anyone having an interest of record in the property involved. Such owner(s) may employ one appraiser of their choosing to appraise the property to be acquired . Such appra is a 1 shall be made using sound, fair, and recognized appraisal practices which are consistent with law. If a copy of the appraisal obtained by the property owner(s) is s ubmitted to the purchasing agency within 90 days of the date forNl notice wu provided, the purchasing agency shall pay the reiSOnable costs of the appraisal . e. Assu.ing the second appraisal is based upon sound appraisal principles and dati and is reuonable and va11d, the purchasing agency shall negotiate 1 purchase, wit the price of the lind or property actually taken being the fair •rket value thereof. In no event shall the nevot ia ted purchiSe pr1 ce exceed the h1 ghes t of ttle appraha h. factors such 11 the effect of t 1• twtn th dates of the t appraisals, the basis for each appraisal, and 1 1 forating factors that can handled during construction rlt (if any is to take place) shall be cons1d red . • I . • • • f. In those cases where the property owner and the ( purchasing agency cannot agree on a price as set forth in paragraph e above, the District will not share in any costs exceeding the higher appraisal assuming it is based on sound appraisal principles and data and is reasonable and valid. The purchasing agency may: I) Negotiate a price in excess of the higher appraisal and be responsible for all costs exceeding the higher appraisal, or 2) Initiate and conduct eminent domain proceedings in any court having jurisdiction, under such statutes and in such manner as the purchasing agency deems necessary and proper to protect the interests of the purchasing agency and the District. All costs associated with the condemnation shall be shared by the purchasing agency and District on the basis set forth in the intengency agreement. If eminent domain proceedings ere inithted and a settlement 1s negotiated prior to 1 court detel'lllinltion, the NXi-settlement in which the District w111 participate 1s the higher appraisal, n long as It was based on sound appraisal principles and dati 1nd wn conslde~ reasonable and valid, plus costs incur~ to dlte th1t would non1111ly be t e responsibllit of • condetming agency. Such costs MY include filf11g fees, expert witness fees, and non-expert witness fees. If inent dONifl proceedings are init11ted and 1 settl-nt 1s negothted prior to • court dete lnatfon, the settl t s all not exceed the totel of the h1 lt appraisal, IUIMI1ng 1t h baste! 011 sound 1ppnlul prffiC1pl s and data 1nd h ,..uo111blt and ulid, plu costs IIICurroed to date t a uld nor.-lly t responslbllf of a c:oncle.tlflt 1 IICy . Such costs •1tht l11clu filing fees, expert ltness f s, and no expert wftn ss f s . • • C 0 U N C I L DATE May 11, 198 3 • • - C 0 M M U N I C A T I 0 N AGENDA ITEM SUBJECT Little Dry Creek Detent i on Pond INITIATED BY Ga ry Diede, Direc to r of Engi ne eri ng Services ACTION PROPOSED ____ ~C~o~ns~i~d~e~r~B~i~ll~t~o~e~n~t~er~C~on~t~r~ac~t~w~it~h~Ur~b~a~n~D~r~a ~in~a~g~e ____ _ and Flood Control BACKGROUND In 1973, the City, Urban Drainage and Flood Control District (District) and several other entities agreed that a drainageway master plan should be prepared for Little Dry Creek. In February, 1974, the report entitled "Major Drainageway Planning, Little Dry Creek", by McCall , Ellingson and Morrill was completed. Additional studies were jointly conducted by the City and the District on the hydrology of Little Dry Creek and the feasibility of improvements. Based on the information generated, the City, at their cost, engaged Mclaughlin Water Engineers to design facilities to contain the floods in Little Dry Creek from Santa Fe to South Clar son. The District stayed involved in this project by r vi ing the plans, attending progress meetings and providing input as required. In 1983 t District Board euthoriz d Distric financial participation in t Little Dry Cree project for right-of-way acquisition and construction i pro nts. T following costs re included: 1) Co of rf ht-of-y ecqutsition for ch nn 1 construction from Bro y p tr to es of South Cler son, including epprefsel costs end costs ssocfat d with cond et on. 2) 3) our co ts. •> u ' ty co t ) ) ld II yt in , • • • • .. 7) Contingencies mutually agreeable to the City and the District. FINANCIAL The District has authorized financial participation in the Little Dry Creek Detention Pond project as described above on a 50/50 basis by the District and the City, up to a maximum amount to be paid by the District of $900,000. RECOMMENDATION A Bill for Ordinance approving financial participation of the Urban Drainage and Flood Control District in the Little Dry Creek Improvements is enclosed for your consideration • • • ORDINANCE NO,=------ SERIES OF 1983 • • • BY AUTHORITY A BILL FOR 1D COUNCIL BILL NO. 22 INTRODU~ ~y COUNCIL MEMBER~ ~ AN ORDINANCE APPROVING AN AGREEMENT WITH URBAN DRAINAGE AND FLOOD CONTROL DISTRICT FOR IMPROVEMENTS ON LITTLE DRY CREEK IN THE CITY OF ENGLEWOOD. WHEREAS, the City of Englewood and the Urban Drainage and Flood Control District have jointly conducted a feasibility and hydrology study of Little Dry Creek; and WHEREAS, the City of Englewood and Urban Drainage and Flood Control District desire to implement flood control improvements on Little Dry Creed to prevent flooding; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. An agreement between the City of Englewood and the Urban Drainage and Flood Control District is hereby approved, said agreement titled •Agreement Regarding Little Dry Creek (ARAPCO) Construction of and Acquisition of Right-of-Way for Improvements (Agreement No. 83-03.09)• consisting of 9 typewritten pages, attached hereto and marked Exhibit •A•. Section 2. Said agreement generally provides as follows: A. For engineer ing , construction and land acquisition, including construction of the detention area on School District Property; B. Costs to be shared by th District and the City with District contributing $900,000; C. Right-of-way to be acquired and used for th purpose of flood control; D. Construction to be m n gad by the City with the assistance of th District. ection 3. The Mayor and the Director of inance ex officio City Clerk-Tre aurar are her by authorized to sign and attest the agree~ nt for and on behalf of the City of Englewood. Introduced, read in ull, and passed on first re d ng on th 16th day of May, 1983, • I • • • • 1983. Published as a Bill for an Ordinance on the 18th day of May, 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, 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 16th day of May, 1983. Gary R. Higbee • I . • • • ~r,r E<MEN T REGARDING LITTLE DRY CREEK (ARAPCD ) CONSTRUCTION OF AND ACOUISITION OF RIGHT -OF-WAY FOR IMPROVEMENTS (Agreement No. 83-03.09) THIS AGREEMENT, Made this ------da y of --------• 1983, bv and between the URBAN DRAINAGE AND FLOOD CONTROL DISTRICT (hereinafter called "DISTRICT") and the CITY OF ENGLEWOOD (hereinafter called "CITY "): WITNESSETH: IJHEREAS, DISTRICT, in a policy statement previousl y adopted (Resolution No. 14, Series of 1970), expressed an intent to assist public bodies wh ich have heretofore enacted floodplain zoning measures; and WHEREAS, CITY, DISTRI CT , Cherry Hills Vfll age, Green wood Village, Arapahoe County, and Douglas County coo perated i n the prepuation of a drainageway master plan for little Dry Cr~ek (ARAPCO ) en titl ed, "Ma j or Drainageway Planning, little Dry Creek" by McCall, Ellingson, and Morrill, Consulting Engineers, dated February Jg74; and WHEREAS, CITY and DISTRICT han jni ntly proceeded with and completed construction of channel improvements on Little Dry Creek (ARAPCO) from the South Platte River upstrea111 to Santa Fe Drive; and WHEREAS, CITY and DISTRICT have joi ntly conducted additional feasibflity and hydrology studies on Little Dry Cr ek from Cla rk son downstream to the South Phtte Rtv r; 1nd WHEREAS, CITY 1nd DISTRICT h1n JOintly con du cted additional feuibflity end h drology studies on Little Dr Cru frQIII Clerkson d~M~s reo to the South Pie e It • r; end EREAS, CITY 1 l eir cost s enq1g d Wrl -L1ughl1n Engin ers (n .Leu lin llat•r Engi!ll' rs) to sign fecllltf o con efn the floods In Lfttlt Drv Cr (ARAPCO) fr0111 S.n a r Ori e to Cltrho St trtln OISTRICT his per ltiPtted to tiM u til o r ~I wt ph11s, 1 t 11dl11 PI"09 ss f ngs, end pro ldh•t input eccordingly: end REAS, CITY end DISTRICT wl II o proceed wfth certeln por lo11s of t nts on little Dr C t~cludlfll dght·of-wey ecq~.~hltlon fro~~ 11'01 y upstre to abo~ Chr Oft St t aftd tollsti"U tl011 of e •t tl011 ftcll1ty 011 ngl od Sc ool Dhtrltt p rtv; •"'d • • • • • • WHEREAS, DISTRICT has adopted at a public hearing a Five-Year Capital Improvement Program (Resolution No. 30, Series of 1982) for drainage and flood control facllities in which funds for right-of-way acquisition and construction of improvements on little Dry Creek (ARAPCO) from Sa nta Fe Drive to Clarkson Street are included the r ein; and WHEREAS, DISTRICT has heretofore had adopted a Special Revenue Fund Budget for Calendar Year 1983 subsequent to public hearing (Resolution No. 31, Series of 1982) in which funds are available for the DISTRICT's share of right-of-way and construction costs; and WHEREAS, DISTRICT Board has authorized DISTRICT financial participation for acquisition of right-of-way and construction of improveMents on Little Dry Creek (ARAPCO) from Santa Fe Drive to Clarkson Street (Resolution No. 22, Series of 1983). NOW, THEREFORE, in consideration of the initial promises contained herein, the Parties agree as follows: I. SCOPE OF TillS AGREEMENT This Agreement defines the responsibil ities and financial c00111ltMents of CITY and DISTRICT with respect to acquisition of right-of-way and construction of flood control improvet~~ents on Little Dry Cree (ARAPCO) within and adjacent to CITY IS defined herein . 2. SCOPE OF IMPROV£H£NTS The project shall consist of acquisition of right-of-way ne~d for flood control l101prov n s consisting of channel construction fro~~ lroe ey upstre to eu o Clarkson, end the proposed off chen~l det ntlon hcllf yon lt le Drv Cre end construction of th proposed off chen 1 ~tentio ec111ty located south end wes of th~r Inter I!Ctlon of Cle son Str l"d South Jefferson Drive. Th d t ntlon faclll 1 ' all constl"llc ed e sentlally In conforNnc with t final dulgn, find II $( le IV·I, HI School DettMIOI\ 'ond prepared b Leu lin 1U>r £nt111 rs, uctpt for •lnor ch111 s u a rttd by both ptrtlts. Chen ord rs shall processed In eccordence with c to 7 .z.• htreln . • I • • • • 3. ADOPTION OF FINAL DESIGN AND RIGHT-OF-WAY MAPS CITY and DISTRICT agree that final design and right-of-way maps prepared by Mclaughlin Water Engineers and approved by CITY and DISTRICT will be used to construct the detention facility and to acquire the needed right-of-way. Any changes to fi nal design of the detention facility and right-of-way maps as approved by CITY and DIS TR ICT shall require the approval of CITY and DISTRICT. 4 . PUBLIC NECESSITY CITY and DISTRICT agree that the work perfonned pursuant to thi s Agreement is necessary for he hea 1 th, safety, comfort, convenience, and welfare of all the people of the State, and are of part icula r benefit to the inhabitants of the DISTRICT and the property therein. 5. FLOODPLAIN REGULATIONS CITY agrees to regulate the floodplain in accordance wfth standards acceptable to DISTRICT. 6 . PROJECT COSTS 6.1 CITY and DISTRICT agree that for the purposes of this Agreement proj ect costs shall consist of, and be limited to : a ) Cost of r i ght-of-way easements or fee simple acquisitions i nclud ing appraisal costs and costs associated with condemnHi on , but not including in-house legal costs or 1dlltinistr1tive costs. b) Construction cos t as incurred in he lowest acceptable bid( s) r0111 contr1ctor( s) 1nd 1uthorized wri tten change or rlt orders. c) Detour costs d) Utility reloc1tion costs e) licenses end pe.-.1ts f) Fi ld surveying, su ing, inspection, 1nd Nterllls testing. g) Conlin ncfts ~tu1lly agree1ble to CITY 1nd DISTRICT. 6.2 It h und r tood thu project costs u defined 1bove ere tst1111ted not to exce d Sl,SOO,OOO. Project costs for th ver1ous et nts of th effort lrt tst1Nted u folt 3 • I • • • • • • a) Right-of-Way acquisition costs from Broadway to east of Clarkson-------$1,500,000 b) Construction Related Costs 1) Construction--- - - - -- - - -- 2) Construction field surveying, staking, inspection, and materials testing (101 of a)--- - 3) Contingencies (lOS of a)-- Sub Total (Construction)-- Grand Total - - - - - - - - $1,666,600 s 166,700 s 166,700 S2 ,ooo,ooo $3,500,000 7. ALLOCATION OF COSTS AND FINANCIAL COMMITMENTS OF DISTRICT AND CITY Based on estimated project costs of ,3,500,000, DISTRICT shall contribute $900,000 and CITY shall contribute $2,600,000. If total project costs are less than Sl,BOO,OOO then total project costs shall be shared on a 50-50 basis by each Party. If total project costs exceed Sl,BOO,OOO, OISTRICT"s share shall be $900,000. DISTRICT contributions may be allocated to either or both right-of-way and construction as defined herein in any proportions up to a maxil'lum contribution of $900,000. Procedures and payment for right-of-way and construction are defined In the remainder of Section 7. 7.1 Right-of-Way Acquisition. CITY shall be responsible for acquiring, subject to approval of DISTRICT, such land or interests in land needed to implement construction of flood control Improvements as defined herein. The cost to be shared by CITY and DISTRICT for right-of-way acqu1sl lon may Include relocation costs of existing occupants. Right-of-way acquisition shall be In accordance with DISTRICT policy attached hereto as Exhibit A. 7.1.1 Coordination of Rlght-of-Wav Acquisition. Cost sharing by the DISTRICT will be based on supporting documentation such IS fo1"1!111 appraiuls, reasonable relocation cost settl nts, leg~l d scrip lon of the property, and other fnfol"'llltlon d d approprilte to the acQUisition . Furtheno10re, cost sharing 11111 be only for the properties, or portions thereof, approved by DISTRICT and d -d by DISTRICT to be needed for flood control • I • • • • • portions of the pro,iect. Request for such approval shall include formal appraisals of property , legal description of the property, and other infonnation deemed appropriate to the acquisition. 7 .1.2 Pavment for Right-of-Way Acquisition. Following purchase or receipt of executed memorandum agreement between CITY and property owner for the needed right-of-way that co11111its the property owner to sell property to CITY at a price certain and on a date certain, CITY shall so advise DISTRICT and request payment of DISTRICT share. DISTRICT shall remit to CITY DISTRICT's share of purchase price not more than 3D days prior to the closing date of the owner to CITY or within 30 days if request received after the closing date . DISTRICT's share shall be 501: of the right-of-way cost up to the maximum c0t1111itment of DISTRICT of $900,000 for both right-of-way and construction . 7.1.3 Ownership of Propertv and Limitation of Use. CITY shall own the property acquired pursuant to this Agreetlll!nt and shall be re s ponsible for 11111intenance of same . It is specifically understood that the right-of-way is being acquired for flood control purposes. CITY NY relocate property owners as their properties are purchased, sell the buildings to other public or private parties, provided the buildings would be relocated, sal vaged or razed lflthln nine months of date of Slle. The properties acquired pursuan to this agreet~~tnt shill not be used for 1nv purpose hit will diMinish or preclude Its use for flood control purposes. CITY NY not dispose of or ch an t e use of tie properties so acquired lflttlout approval oft e DISTRICT. If In the future the use Is changed to a purpose not COIIPttible "' th flood control or tht property is disposed of, th DISTRICT's hart of the cost of right-of-If y and cons rue ton attributable to the DISTRICT shall be returned tot~ DISTRICT. If any or all buildings are sold to othn parties, CITY shall re.lt to DISTRICT, th pro rata Shirt of DISTRICT's orl9fnal contrlbutfoll to the ac uhHion of proper Its sold by CITY, lc fu I • - • • • • • 0 I STRI CT shall colliTli t to other portions of the L1 ttl e Dry Creek pro j ect i n Englewood . 7 .2 Construction 7.2 .1 Costs. Construction costs shall consist of construction costs of the detention facility as Incurred In the lowest acceptable bid from contractor(s), detour costs, licenses and pennlts, utility relocations, and construction related engineering services as defined In Section 6 of this Agreement. Est1Nted construction costs of the detention facility are S2 ,000,000. 7 .2 .2 ~· DISTRICT shall make payment to CITY for c ~leted portions of construction within 30 days of receipt of pay reouest frOM CITY. Such pay requests shall Include copies of contractor 's pay requests. Contractor's pay request sha 11 lncl ude approval of DISTRICT . 7 .2 .3 Construction Management. 7 .2 .3.1 The parties agree that CITY, through Its City Engineer or his representative, and with the assistance of DISTRICT, shall be responsible for the administration of the construction related wort as provided herein . DISTRICT shall work with CITY and prov i de CITY the ass istance needed to a cca.pllsh construc tion . 7.2 .3.2 7.7.3.3 CI TY, wi th as sis tance and approva l of DISTRICT, wi ll advert ise for co nstruc tion bids, conduct 1 fo,...l bi d ope ni ng, prepare forw l con s t ruc t ion contrec (s) ~W it h a pprova l of DIS TRI CT. Cl , w t tuis ta nct o f IIISTRICT. will coor dinate field u yin , stl fng, fltSpectlon, ltlng, acqyh tt I of rl -of-y. 11'111 en '"' r u struct th proposed clrt 1 t.,...,,,_..,ts. CITY, wi t h uslstl to DIST ICT, will • ur t tt c nu IOfl I perfo c1 n ' • • •• • • • accordance with approved plans and specifications and will ac curately record the quantities and costs relative thereto. Copies of all inspection reports will be furnished the DISTRICT on a weekly and timely basis. 7.2.3 .4 The DISTRICT shall have access to the site during construction at all times to observe the progress of work and conformance to plans and specifications. 7.2.3.5 CITY will review, approve, and pay contractor billings and forward them to DISTRICT for reimbursement . DISTRICT will remit payment to CITY of DISTRICT's share of project costs based on billings approved by CITY and DISTRICT. DISTRICT's share shall be 50'l of project costs up to the maximum commitment of DISTRICT of $900,000 for both r ight-of-way and construction. 7.2.3.6 CITY, with a ssistance and concurrence of DISTRICT, ~o~l 11 prepare and Issue all ~o~rftten change or 1o10rk orders to the contract documents . 7 .2.3.7 DISTRICT and CITY shall jointly conduct a f i nal Inspection of comjlleted flcflfties . 7 .2.3.8 CITY ~o~ill provide DISTRICT a set of ~lir reproducible •u constn~c ted " draw ings. 7.2.4 Constn~ctlon Change Orders . In the vent that in tht prosecution of the rk under constn1ct1on contrl ct(s), It bee s necessary and 1dvhablt to c ange the scope or detail of rk to be ~~trfoi"'IIPd und r e contr•ct(s), such chen til appro td in wr1 E end be re pons1blt for ca.plntd fecil1t1 end ri u-of ecqu1rtd by nt , T pertf furl r a r t et Dfstdct • I • - • • • • • shall assist CITY with the maintenance of all facilities constructed or modified by virtue of this Agreement to the e~tent possible depending on availab11 ity of DISTRICT funds. Such maintenance assistance shall be limited to drainage and flood control features of the proJ ect . The specific nature and terms of the maintenance assistance shall be set forth in a memorandum of understanding between CITY and the DISTRICT . A proposed memorandum of understanding shall be submitted by DISTRICT to CITY for its review within 60 days following acceptance of improvements or acquisition of floodplain upon which no flood control facilities are planned. Maintenance assistance may include activities such as keeping flow areas free and clear of debris and silt; cutting and controlling grass and weeds in the channel and detention facility right-of-way; keeping culverts and detent ion facility drains free of debris and sediment; repairing drainage and flood control structures such as detention facility outlet structure, drop structures, and energy dissipaters; repairing eroded sections of channel and detention facility right-of-way; and clean-up ~~~easures after periods of heavy runoff . The DISTRICT shall have right-of-access to right-of-way at all times for obserVAtion of flood control facility conditions and for Nintenance when funds are avalhble . 9. PUBLI C RELATIONS It shall be the responsibility of CITY to carry out any public relations progr1111 to Inform the residents alan little Dry Creek (ARAPCO) u to the purpose, proposed facilities, and i~~~P~ct on th • • I • • • • WHEREFORE, the parties hereto have cau sed this instrument to be executed by properly authorized signatures as of the date and year above written . (SEAL) ATTEST : (SEAL ) ATTEST : THE URBAN DRAINAGE AND FLOOD CONTROL DISTRICT By ______________________ _ Tit 1 e -~E~xe!:.:c::!:u~t.:..i v!!e:...;:D.!.Ci r~e~c.!::to~r ____ _ Date ---------------------- CITY OF ENGLEWOOD By ____________________ __ Ti tle -------------------- Date -------------------- • I • • • • • EXHIBIT A REAL PROPERTY ACQU IS I Tl ON POLl CY April 1982 WHEREAS, the District participates in construction and maintenance projects and in floodplain preservation efforts wherein it is necessary to acquire by purchase or condemnation, title to, easements over, or right of entry to real property for flood control purposes; and WHEREAS , in some cases local governments are the purchasing agency with the District participating in the cost of the acquisition, and in other cases the District is the purchasing agency; and WHEREAS, when local governments are the purchasing agency it is desirable for the District to have guidelines that will serve as a basis for District sharing in the cost of the acquisition; and WHEREAS, when the District is the purchasing agency it is also desirable to have guidelines for the purchase or condemnation of real property by the District; and Therefore, the following policy shall be used in the acquisition of real property when District funds are involved and when the local governMent is purchasing agency : a. District shall participate to he extent set forth in an interagency agre-nt in the cost to acquire by purchase or cond "'"ltion, title to, en nts over, or right of entry to real property n eded for th project. Such p rty he I I be described b the use of boundary survey de 1 alld shall h•clude only the parcels n eded for the '1 co11 rol prOJK or flood con rol portions of e 11 . 1"9 Y ' all uuse 111 pprahal to de Ill< 111 1 rat tr • prowPd 1 Ohtrtct of the ""' o ct o outsttton. T aporah r s •11 I d sl 1 ton or ecouhltl t tiNt to CO Ill $10,000 , • -• • • c. The property owner should be advised informally and as early as possible of the interest of the agency in acquisition of the property. Further informal discussions and negotiations as appropriate should be held prior to completion of the appraisal. d. Negotiations sh~ll be continued with the owner(s) on the basis of the appraisal once it is completed. If the appraIsed price is unacceptab 1 e to the owner( s) the purchasing agency, in accordance with § 38-1-121, CRS 1973, shall provide a formal notice of intent to acquire the property together with a descr1 pt ion of the property to be acquired to anyone having an interest of record In the property involved. Such owner(s) may employ one appraiser of their choosing to appraise the property to be acquired . Such appraisal shall be 11111de using sound, fair, and recognized appraisal practices which are consis tent with law. If a copy of the appraiul obtained by the property owner( s) 1s submit ted to the purchui ng agency within 90 days of the dite for1111l notice was provid d, the purchuing agency shall pay the reasonable costs of the appra iul. e. Assu.ing the second appraiul h based upon sound appraisal principles and data and 1s reasonable and valid, the purchasing ag~cy ~hall negotiate 1 purchase, with th price of t land or property actually taken being the fair rke value t treof. In no event shall tile ne ttated purchase price taceed the higlle5t of til epprat ah . Factors sue a t effect of tf be dl s of ,.., ah, h basts for ecll • ret al, and alldltd d~rlllf con place) all p lt ratlllf factors thlt un (I any is to ta • I . • • • f. In those cases where the property owner and the purchasing agency cannot agree on a price as set forth in paragraph e above, the District will not share in any costs exceeding the higher appraisal assuming it is based on sound appraisal principles and data and is reasonable and valid. The purchasing agency may : 1) Negotiate a price in excess of the higher appraisal and be responsible for all costs exceeding the higher appra i sa 1 , or 2) Initiate and conduct eminent domain proceedings in any court having jurisdiction, under $uch statutes and in such manner as the purchasing agency deetiiS necessary and proper to protect the interests of the purchas i ng agency and the District . All costs associated with the condemnation shall be shared by the purchasing agency and District on the basis set forth in the interagency agre-nt. If eminent d01111in proceedings are ini tiated and 1 settlement is negotiated prior to 1 court deten~ination, the NXi-settl-nt in which the District will partic ipate is the higher appraisal, IS long as H wu bued on so und appraiul principles and data and wu considered reasonable and valid, plus costs incurred to date that would non~~~lly be the responsibility of a condetllning agency. Such costs NY include filing fees, expert witness fees, and non-expert witness fees. If eoinent dONin proceedings are initiated and a settl-nt is negotiated prior to a court deteraination, the settl-t shall not exceed the total of the hi htst appraisal, usut~ing it is based on sound appraisal principl a d data and h reasonable and valid, plus costs 1ncurrtd to data hat uld or.ally be t responsibility of a cond-ing 1 ncy. Such costs •• l Include filing fees, expert witness fHs, and non-e rt wttl'tSS f s. • I . • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE May 11, 1983 AGENDA ITEM SUBJECT Litt l e Dry Cr eek Detention Pond 1 N lT 1 A TED BY ___ ___;;G;.;;a.;..:ry!...,.;;D...;..i e.:.;d;.;;e~,___;;D...;..i.;...re.:.;c;.;;t...;..o.;...r...;;o;.;..f_E.:.;n.:..:g:..:..i n...;..e;.;;e..:..r.;.;i n~g:,_;;;,.Se.:.;r...:.v...;..i c.:.;e;.;;s~---- ACTION PROPOSED __ ___;;C;.;;o..:..n.:.;sl;.;;.d;.;;e.;...r...;;B;.;;i...;..l.;...l...;;t;.;;o_e.:.;n;.;;t;.;;e...;..r...;;C;.;;o...;..nt.:.;r~a.:.;ct~w...;..it.:.;h~U.:.;rb;.;;a..:..n...;..D.:.;r~a...;..i..:..na~g~e ___ __ and Flood Control BACKGROUND In 1973, the City, Urban Drainage and Flood Control District (District) and several other entities agreed that a drainageway master plan should be prepared for Little Dry Creek. In February, 1974, the report entitled "Major Drainageway Planning, Little Dry Creek", by McCall, Ellingson and Morrill was completed. Additional studies were j oi ntly conducted by the City and the District on the hydrology of little Dry Creek and the feasibility of improvements. Based on the information generated, the City, at their cost, engaged Mclaughlin Water Engineers to design facilities to contain the floods in Little Dry Creek from Santa Fe to South Clarkson. The District stayed involved in this project by reviewing the plans, attending progress meetings and providing input as required . In 1983 the District Soard authorized District finan cial participation in the Little Dry Creek project for right-of-way acquisition and construction improvements. The following costs re included: 1) Cost of right-of-way ecquisition for channel cons truction from Broedwey upstr to eest o South Clerkson, including appreisel cos ts end costs essocta d with condemnation. 2) Cost of construction of t e off-chenn 1 d t n ion pond facility loceted south of J fferson Drive betw en South Logen and South Clarkson Stre ts; costs bes don 1 st ecc ptabl contrector's bid and authoriz d wr t t n chan ord rs. 3) Detour costs. •> Utility r locetfon co s. S) lien s and it ) Fl ld surv y ng, fn 111 t fng. • • • • • 7) Contingencies mutually agreeable to the City and the District. FINANCIAL The District has authorized financ i al participation in the Little Dry Creek Detention Pond project as described above on a 50/50 basis by the District and the City, up to a maximum amount to be paid by the District of $900,000. RECO,....ENDATION A Bill for Ordinance approving financial participation of the Urban Drainage and Flood Control District in the Little Dry Creek Improvements is enclosed for your consideration. I . • • • • BY AUTHORITY ORDINANCE NO. SERIES OF 198'"'3 __ _ A BILL FOR 7E COUNCIL BILL NO. 23 INTRODU~ BY COUNCIL MEMBER ~r'f AN ORDINANCE APPROVING A CONTRACT WITH THE STATE OF COLORADO, DEPARTMENT OF NATURAL RESOURCES, COLORADO WATER CONSERVATION BOARD, PROVIDING FOR THE RECONSTRUCTION OF THE UNION AVE. DIVERSION PUMP STATION AND GRANTING AN EASEMENT. WHEREAS, the Chatfield project channel improvement construction has received funding by the General Assembly of the State of Colorado; and WHEREAS, it is necessary for the State of Colorado, Department of Natural Resources, Colorado Water Conservation Board, receive an easement over City of Englewood property; and WHEREAS, the Chatfield project channel improvement construc- tion would result in damage to the City of Englewood facilities; and WHEREAS, the State of Colorado, Department of Natural Resources, Colorado Water Conservat i on Board, desires to compensate the City of Englewood for sai d damage; NOW, THEREFORE, BE IT ORDAIN ED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COL ORA DO , AS FOL LOWS: Section 1. A c ontrac t consisti ng of six p ge pl u Schedule A, one page, Schedule 8, c o nsisti ng of f ive pa ge , said agreement generally providing as f ollows: An engineer i ng fira sh a ll b e e a ployed to c on s truct improve - me nts to the City o f Englewood Un ion Ave . Pu mp Sta t ion and Di vers i on s truc tur e . Th e construction shall b as agre d upon be twe n t he Stat e of Colo r ado , Departaent of Natural Resour ces , Colo rado W ter Con ervation Board, the u.s. Corps of Enginee r s , and the City of Engle wood. Th City shall indeani y the of construction and City assur s th applicable la w. tate in 0 roa liability as a result shall not violate any hall deliver to the rue ion o the Chatfield such ia cov nta do no on nd D version struc ure • • • • The Project shall be the sole exclusive property of the City of Englewood. Section 2. authorizes Finance ex for and on That the City Council of the City of Englewood hereby the Mayor of the City of Englewood and the Director of officio City Clerk-Treasurer to sign and attest the same behalf of the City of Englewood. Introduced, read in full, and passed on first reading on the 16th day of May, 1983. 1983. Published as a Bill for an Ordinance on the 18th day of May, Attest: Eugene L. Otis, Mayor ex officio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify 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 16th day of May, 1983. Gary R. Higbee I . • • - l ••lr•tltA( lilt\ $882,100 CO TRACT THIS CONTRACT , mod• lhis~dty ol May 198 3, by tnd b•lw••n lh• State of Colorado for the u~ and bendil of rhe Otp~rtment of '1 Natural Resources (Colorado Water Conservation Board) hereinafter rr ferrtd to ali the State, and ·z the City of Englewood, 3400 South Elati Street, Englewood, Colorado 80110, hr rri nafter refrrrtd to Jti the contractor. WHEREAS . authority Ut~U 1n the law 1nd Fundti hne been budaeted , appropriated and otherwise made avatlablr and a ,ufrictrnt uMncumbertd balance the~of ~mains nlil1ble for paymtnlln Fund Number~. C/L Auount umbfr ~.Contract Encumbranct Number , and ABL Account Number 16010, Org. Unit 77-77-777, Willi< LA!), rCij Uth 'IJ ll l'tlfo~:.nu: 11nd cuurdination has been accomplli~ from 1111d wtth appropriate lll l{tRCit). ::md ' WHEREAS, pursuant to the orovisions of 37-60-119, Colorado Revised Statutes 1973, as amended, the State is authorized to construct certain water projects for the benefit of the people of the Stater and WHEREAS, pursuant to Senate Bill No. 537, Fifty-Pirst General Assembly of the State of Colorado, duly enacted into law, the Colorado Water Conservation Board has been authorized to expend a s um not to exceed Two Million Pive Hundred Thousand ($2,500,000) t or construction o f t he Chatfield pro j ect channel improvementr and WHEREAS, the Chatfield pr oje c t ch annel improve men t i s a joi nt pro j ect of th e Un i ted S ta tes and the State of Colorador WHEREA S , a s part o r t he Ch at f ield project channel i mprovement certa i n impr ovemen ts owned by the Contractor at the Union Av e nue d i version a nd pump st at i on si t e must be relocated end t h is relocation ia hereinafter referred to aa "the project•r end WHEREAS, a feasibility invea ti qa t ion of said pro j ect was conducted end it wa s f ou nd t h at suc h a proj ect is econom1caLly feu ible r and WHEREAS, the es timated coat or the proje c t ia Two Million Fifty-Eiqht Thousand Doll ars (S2,0 58,000)r end WHEREAS, t he Co ntec t o r, the United States, and the Stat e h ave decided t o c on st r uc t t he p r oject fo r t he i r mutual benetitr and WH ERE AS , the Contractor, the United States a nd the State h ave d e cided to share the coat of the project in percentages of 19,06 , 31 .01 and •2.16 ree ct velyr a nd WHIRt AS, the State portion of the eetiMeted project coet 1 li ht Hundrad ll9hty-Thoueend One Hundrad Dollars (SU2,100) w ich o~nt r-alne ave lable end unencu bared fr011 funde euthorl&ed !or tha Chattlald rojact channel i•provel'lent~r end WH IR!AI, thl Contractor •• aleo lta te an a e ae.ant d e t e rMined by the a cceea to tha Che cnnai<'lent on p ert lc Pl tlon T 1 arc , In conal ra ion or the •u ual anti de nd e nt cov e na nts herein eont a lned, it la reed by the rt I e heretn 11 toll ow 1 tOt le •I I • • • • •' - A. The Co n tractor agrees that it shall: 1 . Employ an engineering firm to prepare pro jec t plane and specifications for the proposed project. Both the engineering f i rm and the project plana and specificatio ns shall be appr o veu by the State. Both the Contra c tor and th e S ta te agree that the project plans and specifications may be changed as necessary and as agreed upon in writing by the designated representatives of the State and the Contractor without amendment of this contract as long as sa i d change does not involve an increase in the State 's share of the proj ect cost above Eight Hundred Eighty-Two Thousand One Hundred Dollars ( $882,100)' 2. Subcontract the construction of said project to a responsible and capable firm, said project to be completed in conjunction with the rebuilding of the Union Avenue Dam by the u.s. Army Corps of Engineers in accordance with the project plans and speci fica tiona and any necessary rrodi fication thereof approved by the State. The State must approve, in writing, all subcontracts before they become effective , 3. Require all Subcontractors to indemnify the State and the Contractor against all liability and lose, and against all claims and actions baaed upon or ach i ng out of damage or injury , inc luding death, to persons or property caused by or sustained in connection with the performance of any subcontract or by conditiona created thereby, or baaed upon any violation of any stat u te, ordi nance , or reg u lation, and the defense of any such claima or a c tions. 4. Require al l S u bcontra c tors to maintain liability i nsurance in at leas t the f o l lowing amountao a, For any i njury to one penon in any single occurrenc e, the sum o f One Hundred F i fty Thousand Dollars ($150,0 0 0), b. For any i n jury to two or re persona in any s i ngle occurrence, the sum of Four Hundred Thousand Dollars ($4 00 ,000). Said liability insurance shall name the Contractor and the State aa co-insureds. No payments ahall be made under thia contract unleaa a c opy of a c ertificate of aaid l iability insurance haa been filed with the Colorado Water Conaervation Board. 5. Permit period ic i nspect i on of conatru ction by authori&ed repreaen t et i vea o f the State during c onatruct i on . 6. Com p l y w ith Co n a truction Pund Proqra Procedures attached hereto •• Schedule 11.. 7, Upon the co.plet~on of the project, tranafer the eaaeme nt ident~f~ed in &Ch ule 8 to the State by proper execut on, recor at1on, and livery of the 1natrument, • copy o t which is atta ched aa lc:h e u a 8, The tate &gC888 that ~ ahal I 1. Ma ~e a va ilable to the Contractor t h h contract the auoa of EiCjlht Hundred 1 Hundred Dollars ($88, 00). Sa1 !1 t Thousand One Hundred Dollar• ($ 62,100) to the Contractor in a cor ance w~th t condition a 1 Pa ot p"rpoee o wo Tho11aand One !1 hty-0 de avad hi tar a ,1 I • • • • • a. Beginning with the monthly period commencing May 1, 1983, and for every month thereafter until said project has been completed, the Contractor shall prepare with the assistance of the consulting engineer referred to in paragraph A.l. above an estimate of the funds required from the State for project construction during that month and shall forward said estimate to the State not less than fifteen (15) days prior to the beginning of such month. b. Until the monthly estimate is approved by the State, no payment shall be made to the Contractor. The State shall approve or disapprove the estimates within 7 day• of receipt. Failure to approve or diaapprove within that period indicate• disapproval. Within 5 days of request, the State shall provide the reaaona for disapproval to the Contractor in writing. c. If the monthly eotimate ia approved by the State , in writing, the State wi ll, within forty (40) daya from the receipt of auch estimate, pay over to the Contractor the amount of the mo nthly eatimate or auch portion thereof aa haa been appr oved by the State. d. The State agreea that it ahall not unreasonably withhold its approval of eatimatea. e. No payments will be made under this contract until the project plana and epecif1cationa referred to in paragraph A.l. above are approved by the State. 2. Provide the Contractor with euch technical asaietance ae the State deems appropriate in planning and constructing tha project and in coordinating the project with local official comprehensive plana for eewer and water and with any State or area plane for the area in Which the project u located. c. If the State'• ahara of the project coat ia leaa than Eight Hundred Eighty-Two Thouaand One Hundred Dollar& ($882,100) then the State ahall only pay the leeaer amount to the Contractor. o. If the State'• ahara of the prOJect coat exceeda Eight Hundred Eighty-Two Thoueand One Hundred Dollar• ($882,100) then before the State may pay eaid increaaed amount to the Contractor, thia contract will have to be amended in accordance with the law, rule• and regulation• of the State of Colorado. !. When completed, the project ehall be the aole nd excluaive property of the contractor. F. Thia contract ia not aaa gnable by the contractor except with written approval of the State. G. The part ea to thia contract intend that the relet onahip bat ean th .. conta pla~ad by thia contract ie that of a ployer-nde no.lant contractor. earvant of the contractor ahall b8 •9 nt, employee, or or ehall be ... el to be an PP oyaa, ant, or aervant o th be solely nd entirely raeponeibla ta aganta, ploy•••· •~rvanta, en u performance of thia contract •• ovid H. At all tl ea durlog the pecfo Contractor ah•ll atrictly hera to atate lawa that have en y x. 0 other ant nov•tlon, hereto ah 11 t , .. rna Cont ractor wlll nd the acta of dur1ng the • l' l ' II • • • • embodied in a written contract executed and approved pursuant to the state fiscal rules. J. The Colorado Water Conservation Board, its agents and employees, is hereby designated aa the agent of the State for the purpose of this contract. K. All notices, correspondence or other document• required by thia contract ehall be delivered or mailed to the following addresses: (a) For the State Colorado Water Conaervation Board 823 State Centennial Building 1313 Sherman Street Denver, CO 80203 Attn• Nick Ioannidea or (b) For the Contractor City of Englewood • 3400 South Elati Street Englewood, CO 80110 Attn• Stewart Fonda • • I . • • f•nm 6 ·AL Ol U SP EC IAL PROVISIONS CON IIIOLLLit'S AI'I'IIOVAL I This contract shall not be de~med valid until il shall have been approved by the Controller of the State uf Colorado or such assista nt as he may desianatc . This provision is applicable tu any co ntract involvi ng th e Jl:l)'ment o f money by the State . FUND AVAILABILITY 2 Finundal ubhgatiun~ of t he State I'<J)'a bl c uflcr the curn:nt fi:!ot·al year arc cunllugcnt upon fumh for th Jt purpose beina approp ria ted , budaeted an d otherwise made available . BOND REQUIREME T 3. tr th l\ co ntntet •nvulvcs the payment of IIMJru than ten thouJot&OO dollars for the coo.!.truchon , erect tun , rcpour , rmuntcnt~nt.:c, or improvement of any builcJing, road , brid&c . valduct, tunnel, cacavation or other public work for th1~ State , the co ntractor sha ll. before entering upon the perfonnance of 1ny such work included in this conlract, duly CkeCuiC: and deliver lu and ftlc wllh the official whose ~tiBnalurc appcan; below for lhc Suatc, a guod ami ~tuffic1cnt bond or other accepUtble surety to be approved by uid official In a penal sum not le ss !.han one -half of the total amount pay~tble by the terms of this contract. Such bond shall be duly eaeculed by a qualified corpor~tc surety , condit ioned for the due and faithrul perfonnance of the conuacl , and In .cldilion , shall provide than if the co ntractor or his s u bco ntractor~ f•il tu duly pay fur uny labor, rnatcn uls. h:nm hire, suM..:nancc . provis1on~t , pruvcndl·r 1•r utiK.'r ~upphc~ uw:d or cun~umed by ~uch co ntractor or has subc untnctor In pefomlancc of the work contracted to be dune , the surety w11l pa y the same in an amount not exceedina the sum specified In \he bond , tOaelhc:r with intert!U 111 the rate of el&ht pc1 ccnl per w.nnum . Unle s such bond, when 10 required, 11 uecuted , delivered and filed, no chum m favor of the contrauor ll!lltlnJ under tha contraCI l hall be audited , allowed or p1td . A cen:fied or cash1cr 's check or 1 bank money order made p•yable to the Treasun:r of the Stale of Colorado may be ~accepted m lc1u uf a booll Ml l>otUM WAGE 4 lJI;~.;.~pl Wilt UlhC'rWIW ptO"tded by law, 1r thllt cuntriiCI pru¥kJta fur the paylntl\1 or mure: t han five lhuu~nd dollars and ttt(Uin:~ or involv~, I he emplu)'~Mnt of labortn ur n~hanics in the cumtr uctiun , -.Ite ration or rct»air of 1li1Y bu1ldma ur uther pubhl.. *urk, (uccpl h•lhway~. hiah •ay bndau, uoderpa~K~ and hijhway stru ctu rtlt uf 1111 kindJ) v.-1thln tM aeQifllphical hmhs of the State , the rwte of Wile for alllabortrt and mtchanics emplo)rr.l by the runlractor or •ny w~onH..ctur un thc-bueldma ur ambl"'-~urk cuvtred by tlu ..:untn.(l ''"'" lk· nut k·,\ th.m tlh· prc\o&IIUIK t<AlL ul ,..; ·~o lur ""utk ul II Jollml:u n•lure in the cuy ,town , viUatt ur other Cl\'ll subd1¥IMUII uf the Slotle m which the bu1ld•na or other pubhc •ork is loetled . Ot pu tet mpectina prenillna n~tes will be re-ohed aJ provtded In 8-16-101 CR 1911 • •m•ndtd OISCRI\11 ATIO A"IJ AFFIRMATIVE ACT IO S The \:Ontrvtur qrft-. 10 comtliY with the Ieifer and apirh of the Co&ondo Antldiscrimiltalion Ad of 19S7 , :.'amended, lU&d uth~r lllllplk.Jbko l1w fhl"-"(lina dt~rimlnaliou and unfair em1~oynkut llfiiChn.., (24-l4·lUI , ('ItS 1'173 a ilmtudcd). 1u1d • n:qu1rtd by l:.aecut1n Oul r, Ll.fU., Opportunily and Affimllll\t Arhuu, t.lat..:d A.,ril lb, 1975 hnulllft th~trltl tlw fuUIIwtlfl pru~twfHtJ U.e/1 1H t:fHI Iei#Wtl Ut .U Sl#llt (4Hf/fW{'IJ ur JUIH'Uitlf'llt'll.. Uunua the p~rfunn nee uf lh• unlrKI , 1M contnlc:tor ·~ • follows I . • • • • f7) In I he l'\11.'111 of th e CUlll r:tt:lur\, IICIII·C U!Ilpliam;c with th e IIOII ·tli-.crimin:IIIIUI \'Jall\4.'\ of lh " 1 ttllll.n I ltl ~o~rith any of ~u ch rule:-, rt1£u lat iu tu.. or orders , this contract may be cancelled , terminated ur \U\Jicnt.lcd in "holt or in part and the con tra ctor may be declared ineli&ible for further State cun trac ts in llcc urd anrl' wilh pruccc.lurc~. au lh urited in E'(ccutivc Order, Equal Opportunity auuJ Affirmative Acllun of April 16 . 197~ and lhf' rule\, rPJUiatiuns . or orders promulpted in accordance therew;lh , and such other !Ni nctions ws m<ty b..· unpO!ot d and reme die s~~ may be invoked as provided in Exec utive Order, Equlll Opportunity and Arfin n.lltH' Action of April 16 , 197S , or hy rules, reaulwtions , or orde rs promulpted In accord ance lh eno~nh . or ,,, uchcrwtw pruvldcd hy l t~w (HJ l11e cont nte tur will Incl ude the pruvh•ioau: or paraanph ~ (1) thruuah (H) in rvery iub-contract and sut>-eo ntrac tor purch ase order unless u:emJlfed by rule~. reaulatio ns . or orden i ued pursuant to E\.ecu tive Order, EquaJ Opportunity and Arfirmltive Action or April 16. 1975 ,10 thll RICh provisions will be binding upun each sub-contrac tor o r vt ndur. The contntelor will take mch action with respec t to any su lKuntr.tctiUK ur purtha!ie o rder a!lo flu: cont roictina :..aency lnltY dirL.'tf , ll!lo 11 means of enfurcin1 !!oUCh provi~~oiun!lo, including SDnctious for non·compliance ; provided , however, that in the ev~n t the contractor becomes involved in , or i~ thrcatrncd with , liliaatlun with the !I.Ubcunlratelur ur vendnr ""' a re ·ult of \uch din•ction by the cuntrading aae ncy, the c ontrac tor may requHt tl\c State uf Culuro~do ro enter into .uch liti&ation to protec t th e inti.! rest of the State nf Culur:~du . lOLORAUO LABOR !'REFERENCE 6 l'rml!oltilh ol ~·1 7 ·101 . & J02 ,lKS IIJ 7J fur pn.·l crl"lll"~ u f tuluradu lt~bur urt" "PJlhc:.ble lu lhl!o contract if public "ork' "uhin th e St:t te 11 re undert aken hcrcundtr and :t rt fiMnctd 111 whole or m part by Sta ir fund"" GE I'.ERAL 7 llll' Ia,., ul th~ St;,tt' ul lolur;~du :u wJ rote~ :.nd n-aubiiOih 1<uUf1.1 pu"llant lhc-rt'ht 3olt~ll be "l'l'h~t.l 111 the mttrpretatiun . t\t'CUIIUR and tnforcfmc"n l of th1' cuntr.Kt Any pro'1'ion o f thh runlr.tct -.hcthC'r ur nol inco rpur~ted h~rc111 hy rd'"•rcnce ""lud1 pttmcko. fur arlutr-.huu by lfll) t\fri-JUdK"ml body or ~NJII or ..-hkh '' u t hcr~nt m lUnfltl·t wtt h \Uit.l l:.v." rult' and fTiulo.llun ' "'h;dl ht cun\Jdered null :.nd vo 1d r-uthm& cuntJmt•d in ttlly prtHI\IUII IIICUf1Htr..lrd hett'lll h)l refl'f\."IICt' v.luch JUifjturl\ h.l IK'a;t h~ thl\ Of .all)' o t h~r ll-ll«l;t l jlfU\'I\11111 Ill \4hule ur Ill part \hllll be v:ahd or enfmuJble u r autlable m an)' l('hun at law whether by WJ)' uf cumpl:unt , dtftn\C ur othtrWl>r,e An) prml\11111 rf'lldettd null .md Hlld h) the upcr:l1um uf lh" J)r0\-1\IUII ,.,11 IIUI 111\-it lul.th• the n.·m,umkr 111 lhl\ ttmltall In tht• l'\h'll l lh .tt l ht· llllltr.tct '' t·•tMhll'" ut ,.,c,·utum X Tht' ''IIIUIOrlt'\ h\"tt'IU 01\-t't th.tl the) .m · r.mulmr ""''" Hi-K-101 l'l "'ll (Unhery omd (tiHOIII l nOUt'll\.~,, .md I M·H-401 rt W'4 f -'hu~ ••f Puhhc Office! f R S 19 7.\. "' umendt>d and t h.t l no \tolaiiUn of ~uch pru,hltlll\ 1\ llfl'WIII V I hl' -.J tl.ltun~' ,ner lhJI tu th~tr knn""'l~dJle nu ,l,tt t' tmployn hJ' Ill\)' ~r,ullotl m lwneftttlll lllh't\')1 ~IMI\Ut'\rr 111 the ~r'\okf' ur Jlfflll~·rt)' llr"""''*d l•neut ~II N Ut~ \'tiiLRlOI· tht JMrllr' h~n·tu h.tw ~\clu l t'd th ... i\ ·rt•,•nM'nt 1111 tlw ~h•y rint .. oon· '*"""" CITY OF ENGLEWOOD !\I AIL 01 (ULOK IJO HIIIIAHU U. I. ~UI. c;ovt:R CIH 11)--- Conlr•d••--------------HAMLET J. BARRY Ill , ACTING EXEC. DIR. Pu ~hun -----------------g~I'\R TML"l NATURAL RESOURCES EMPLOYER I. O. NUMBER COLORADO WATER CO NSERVATION BOARD By f3;· wit:t:rAM McDONALD , DIRECTOR .\I'PROVAI S AIIUM"\~I,lM\L -----------lO"'tltltJIIItc-------------• •• •• The toreqo nq inatr nt waa acknowla qed before me thia day ot --------· 19 __ • by My c 1••ion expire• Witn••• .y hand and otticial •eal c - I • - • • • • SCHEDULE A COLORADO WATER CONSERVATION BOARD CONSTRUCTION FUND PROGRAM PROCEDURES 1. Board approval of engineering firm and engineering agreement between engineering firm and project sponsor. Z. Preparation of detailed plans and specificatlons for authorized projects by consulting engineering flrm. 3. Approval of detailed plans and speclflcatlons by Board staff (plans and specifications for storage dams and reservoirs must also be approved by State Engineer's office). 4. Board staff approval of blddlng for the project. Board staff present at bid opening for construction~ 5. Project sponsor may issue the notice of award and the notice to proceed wlth construction to the contractor (both notices must be approved by the Board starr before they are issued), 6. Conduct a pre-construction conference. Approval of construction schedule by Board staff. 7. Construction commences. The Board staff makes perlodlc i n spections during construction. All ch~nge orders mus t be approved by the Board staff ln advance and before any construction on change ltems can com•ence. Emergency items cleared by telephone. 8. The consulting engineer certifies that the project has been completed according to approved drawi ngs and speclflcatl o ns and arra n ges for flnal inspection. 9. Fi n al i nspection a n d ac c eptance of as-built proj e ct by Board staff. 10. Submittal o f as-built dra wings to Board starr for ap pr ovtl an d f iling • SCHEDUL A • • • • - GRANT OF EASEMENT THIS GRANT of an easement (this •Grant•) is made this day of , 19 by the CITY OF ENGLEWOOD, COLORADO, (•Grantor*) whose address is 3400 s. Elati Street, Englewood, Colorado 80110, in favor of the STATE OF COLORADO, DEPARTMENT OF NATURAL RESOURCES, c/o Jeffrey J. Kahn, 1525 Sherman Street, Third Floor, Denver, Colorado 80203; The parties covenant and agree as follows: 1. Easement Pro~ert*. The •Easement Property• shall mean the real property locatedn t e County of Arapahoe, State of Colorado, more particularly described on Exhibit A, consisting of one page, attached hereto and incorporated herein by reference. 2. has paid valuable Grantee, Consideration. As consi deration for this Grant, Grantee Grantor the sum of One Dollar ($1.00) and other good and consideration, including that contract of even date wi th the receipt of whi ch is hereby acknowledged by Grantor. 3. Grant of Easement. Grantor hereby grants to Grantee, its successors and assigns, a perpetual, nonexclusive easement over, under, across and through the Easement Property for the purpose of constructing, operating, maintaining, repairing, replacing, removing and enlarging those structures or improvements of Grantee that Grantee finds necessary or desirable to pass the flood wa ters of the Chatfield Channel Pro ject , as determined by the u.s. Army Corps of Engineers, and also for access to the Chatfield Project Channel improvements, except that said rights shall not interfere with the pumping station of Grantor. 4. Access. Grant e shall have the perpetual, nonftxclusive right of ingress and egress in, to, over, through and across the Easement Prop rty for ny purpose necessary or desirable for th full enjoyment of the rights granted to Grantee under this Gr nt. 5. Subjacent nd Lateral Support. Grantor covenants nd agrees that Gr ntee shall have the righ of subjacent and la eral support on the Easement Property to wha eve extent is necessary or desirable for the full, coaplete nd und s urbed enjoyment of the 1ghts granted to Grantee under this Gr n • 6. Rights of Grantor. Gr n or reaervea the full righ to the undisturbed ownership, use, and occup ncy of h as aen Prop r y insofar as said owner ship, ua , d occupancy la conaiatent with and does no impair the ightl gran d to Grante n thia Grant. l .. I • • • • 7. Abandonment. In the event that Grantee shall abandon the rights granted to it under this Grant, all right, title and interest hereunder of Grantee shall cease and terminate, and Grantor shall hold Easement Property, as the same may then be, free from the rights of Grantee so abandoned and shall own all materials and structures of Grantee so abandoned, provided that Grantee shall have a reasonable period of time after said abandonment in whi ch to remove any or all Lines and Appurtenances from the Easement Property. In the event that Easement is abandoned by Grantee, Grantor shall have the right, at its sole option, to require Grantee to remove or neutralize any improvements constructed in the Easement by Grantee. 8. Warranty of Title. Grantor warrants and represents that Grantor is the fee simple owner of the Easement Property and that Grantor has full right, title and authority, and that this Grant is effective to grant and convey to Grantee the within described easement. Grantor further covenants and agrees to indemnify, defend and hold Grantee harmless from and against any adverse claim to the title of the Easement Property by all and every person or person s lawfully claiming or to claim the whole or any part thereof. 9. Binding Effect. This Grant shall extend to and be binding upon the heirs, 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 Water Line Easement the day and year first above written. ATTEST: Gary R. Higbee, ex offlclo City Clerk-Treasurer 2 GRANTOR: CITY OF ENGLEWOOD, COLORADO By ~E~u~g~e~n~e~L~.~O~t~l~.-.~M~a~y~o~r~ • I . • • • • STATE OF COLORADO ss. COUNTY OF ARAPAHOE Acknowledged before me this day of , 19 by Eugene L. Otis as Mayor and Gary R. Higbee as ex offic1o City-- Clerk-Treasurer of the City of Englewood, Colorado. My Commission expires: Attest: STATE OF COLORADO ss . COUNTY OP' GRANTEE: Notary Publlc 3400 S. Elati St. Englewood, CO 80110 STATE OF COLORADO DEPARTMENT OF NATURAL RESOURCES (COLORADO WATER CONSERVATION BOARD) By ________________________________ _ Acknowledged before mea!his ______ day of------------' 19 and by ______________________ ~ -----------------------------as ______________________________________ ___ 3 • Notary Public Address: I • • - • • • • • UNION AVENUE DIVERSION LEGAL That part of the SWi of the NWi of Section 9, Township 5 South, Range 68 West 6th P.M., described as follows: Starting at a point 257.0 feet South and 485.62 feet East of the Northwest corner of the SWt of the NWi of Section 9, Township 5 South, Range 68 West 6th P.M., and on Center Line of the Petersburg Ditch; thence East 505.9 feet; thence South 9~5' West 728.18 feet, more or less, to the North line of County Road No. 1 (West Union Avenue); thence South 83°3' West along the North line of County Road No. 1, a distance of 76.35 feet to the true point of beginning; thence continuing South 83°3' West along the North line of said County Road No. 1, a distance of 354.5 feet; thence South 57°42' West 33.2 feet; thence North 21°45' West through the Headgate and along the middle of the Petersburg Ditch 190.1 feet; thence North 4°50' West along the middle of said Ditch 309.5 feet; thence North 83°03' East 268 .31 feet; thence South 24°37' East 503.03 feet, more or less, to point of beginning . ' • I . r ( • ·.· . ' • • • SCHEDULE B ' I CITY OF ENGLEWOOD, COLO. UT1UT1 DEPART T ;. " UNION AVE. PUMP STATION RESERVOIR PROPERTY • I . BY AUTHORITY ORDINANCE NO. ______ _ SERIES OF 1983 A BILL FOR • • • 7E COUNCIL BILL NO. 23 INTRODUCED BY COUNCIL MEMBER ~ AN ORDINANCE APPROVING A CONTRACT WITH THE STATE OF COLORADO, DEPARTMENT OF NATURAL RESOURCES, COLORADO WATER CONSERVATION BOARD, PROVIDING FOR THE RECONSTRUCTION OF THE UNION AVE. DIVERSION PUMP STATION AND GRANTING AN EASEMENT. WHEREAS, the Chatfield project channel improvement construction has received funding by the General Assembly of the State of Colorado; and WHEREAS, it is necessary for the State of Colorado, Department of Natural Resources, Colorado Water Conservation Board, receive an easement over City of Englewood property; and WHEREAS, the Chatfield project channel im provemen t construc- tion would re sult in damage to the City of Engle wood facilities; and WHEREA S, the State of Colorado, Department of Natural Resources, Colorado Water Conservation Board, desires to compensate the City of Englewood for said damage; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COU NCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLO WS: Section 1. A contract consisting of six pages plus Schedule A, one page, Schedule 8, consisting of five pages, aid agreement generally providing as follows: An engineering firm shall be employed to construct improve- aents to the City of Englewood Union Av • Pump Station and Diversion structure. The construction shall be s agreed upon between the State of Colorado, Departaent of Natural Resources, Colo rado Wat er Conservation oacd, th U.S. Corps of Engine r , and th City of nglewood. The City shall ind ani y of const ruction and City aasur applicable law. coa liability as a result shall not violate ny I • - ( • • • The Project shall be the sole exclusive property of the City of Englewood. Section 2. authorizes Finance ex for and on That the City Council of the City of Englewood hereby the Mayor of the City of Englewood and the Director of officio City Clerk-Treasurer to sign and attest the same behalf of the City of Englewood. Introduced, read in full, and passed on first reading on the 16th day of May, 1983. Published as a Bill for an Ordinance on the 18th day of May, 1983. Eugene L, Otis, Mayor Attest: ex officio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and complete copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 16th day of May, 1983. Gary R. Higbee • I . • • • I """ hAt l ilA $882,100 CONTRACT THIS COro.TRACT . m1de this__l!.Ldey of .May 198J. by 111d between the Slatt' of Colorado for rhe u~ and bendit of the Dtpt~rtment of '1 Natural Resources (Co lorado Water Conservation Board) hnemaftn rt<ftr~d to" thr State , tnd ·:a the City of Englewood. 3400 South Elati Street, Englewood, Colorado 80110. Mrtm:.fttr rderrtd 10 " lht conuac:lor, WHEREAS , 1uthorH)' u.istli 1n the Law and Funds h1w been budp:ted, appropriated and otherwise m.de natlablr and a 'iiuffic1tnt unrncumbertd balan~ lhtrtof ~m11n1 IVIilablt: for peyrMnl in Fund Numbt-r --'.O...QA_, C/L Accuunt Number~. Contract Encumbrance Number .and ABL Account Number 16010, Org. Unit 77-77-777, WIILIU:.A~. r l'tluu~d t~(lfl JU~"ut.c aud cuurdmallun h11 been accompluhtd from •nd wath tpprupri.lte a tttnc tt~ a nd · WHEREAS, pursuant to the orovisions of 37-60-119, Colorado Revised Statutes 1973, as amended, the State Is authorized to construct certain water projects for the benefit of the people of the State1 and WHEREAS, pursuant to Senate Bill No. 537, Plfty-Pirst General Assembly of the State of Colorado, duly enacted into law, the Colorado Water Conservation Board has been authorized to expand a sum not to exceed Two Million Pive Hundred Thousand ($2,500,000) for construction of the Chatfield project channel improvement! and WHEREAS, the Chatfield project channel improvement ia a joint project of the United State• and the State or ColoradoJ WHEREAS, as part of the Chatfield project channel improvement certain lmprovamenta owned by the Contractor at the Union Avenue diversion and pump atation aite Must be relocated and thia relocation Ia hereinafter referred to aa "the project"J and WHEREAS, a feasibility invaat iqa ion of aaid pro act waa conducted and It aa found that auch a project Ia econ lcaLly reaaibla1 and WHEREAS, the aatl•ated coat or the project Ia Two Million Fifty-!lqht Thouaand Dollar• ($2,058,000)1 and WHEREAS, the Contactor, the United Stataa, and the State have decided to conatruct the pro1ect for their Mutual banatit1 and WHEREAS, the Contractor , the Un ted State• and the State h ave decided to ahara the coat of the projt~c in percantaqaa of 19.06, 31.01 and 42 .16 reepectivalyJ and WHUIAI, the ltata portlon of the ut ltu ad Pt"01act coat • llqht Hundred liqhty-T Thouund On nundn" Do \ len ($112,1001 which ount r .. aina aveilabla and unancu erad frc. funda a.Jthorh d for the Chattleld pro1act channel iMprove antiJ and WHIRIAI, the State an aala nt datanained by ace•" to the conai"ara on part c pat 1011 THI aro 1, in contid rati dependant cov an•n ta herein contaln par tiea haratn •• tollowet read to 101 t o r t he •• • ...... .., I • ( • • • A. The ConLractor agrees that it shall: l . Employ an engineering firm to prepare project plans and specifications for the proposed project. Both the engineering firm and the project plans and specifications shall b e approved by the State. Both the Contractor and the State agree that the project plans and specifications may be changed as necessary and as agreed upon in writing by the designated representatives of the State and the Contractor without amendment of this contract as long as sa id change does not involve an increase in the State's share of the project cost above Eight Hundred Eighty-Two Thousand One Hundred Dollars ($682,100). 2. Subcontract the construction of said project to a responsible and capable firm, said project to be c ompleted i.n conjunction with the rebuilding of the Un i on Avenue Dam by the u.s. Army Corps of Engineers in accordance with the project plana and specifications and any necessary modification thereof approved by the State. The State must approve, in writing, all s u bcontracts before they become effective . 3. Require all Subcontractors to indemnify the State and the Contractor against all liability and loaa, and against all claima and act ions baaed upon or a ria ing out of damage or inJury, including death, to persona or property c aused by o r susta ined in connection with the performance of any subcontract or by conditione created thsreby , or baaed u pon any violation of a ny s t at u te , o rd inanc e , or regulat~on, and the defense of any auch claims or actions. 4. Require a ll SubContractors to meinta n li abil~ty 1na urance in at leaat the following ~unta• a. For any injury t o one peraon n any au>gla occurrence, the aum of One Hundred Flfty Thousand Dollars ($150,000). b. For a ny inJury to t wo or re peraona 1n any a ingle occurrence, the aua of Pour Hun red Thouaend Dollars ($4 00,000). Said liability insurance shal l n e t e Contr a tor and the &tate •• co-insureds. No pay .. nta ahall be un ar t hl a contra ct unl aaa a cop y of a cart f1cata of •• d 11 b1l1ty inauranca haa bean filed w th the Co or ~s tar Conaarvat1on Board, 5. Permit per odic inapact on ot conatruct on by author &ad repraaantativaa of the I eta d rir>g conetr<~ction. 6. Conply with Conatr<~ction Pund Progra• Procedure• attached hereto aa Sc: adule A. 7. Upon the caaplat 1on ••• a n dent fled in I a aae c:ut1on, re or at1on. of ldh 1• etta~ ad •• 1. The the pco)ac:t, trana ar the t e It te b( pro r of the 1natru.a t, a c:opy ot I • I • • • .. a. Beginning with the monthly period commencing May 1, 1983, and for every month thereafter until said project has been completed, the Contractor shall prepare with the assistance of the consulting engineer referred to in paragraph A.l. above an estimate of the funds required from the State for project construction during that month and ehall forward said estimate to the State not less than fifteen (15) days prior to the beginning of such month. b. Until the monthly estimate is approved by the State, no payment shall be made to the Contractor. The State shall approve or disapprove the estimates within 7 days of receipt. Failure to approve or disapprove within that period indicates disapproval. Within 5 days of request, the State shall provide the reasons for disapproval to the Contrac~or in writing. c. lf the monthly estimate is approved by the State, in writing, the State will, within forty (40) days from the receipt of such estimate, pay over to the Contractor the amount of the monthly estimate or such portion thereof as haa bean approved by the State. d. The State agrees that it shall not unreasonably wi thhold ita approval of estimates. e. No payments w~ll be made under this contract until the pro)ect plane and specifications referred to in paragraph A.l. above are approved by the State. 2. Provide the Contractor with such technical aaeietance ae the State deems appropriate in planning and constructing the project and in coordinating the project with local official comprehensive plane for sewer end water and with any State or area plana for the area in Wh~ch the project te located. c. It the State 's share of ~he projec~ coat ie lese than Eight Hundred Eighty-Thousand One Hundred Oollara ($882,100) then the tate e all only pay the leeeer ~unt to the Contractor. o. If the tate's share of the project c oat eacee e ght Hundred I ghty-Thousand One lundred Oollare ($ 82,100) then before the State aay pay aaid tncraaaed un to the Contractor, th a contract 11 have to be ended n accordance with the la , rules and r ulatlO of tha tate f Colorado. E. en ca-plet , he proja shell be the eole and exclusive property of the Contractor. r. Th e contract a not aeal nabla by tha Contrac~or .. cept with writte pprova of • Ita e. • • • • • embodied in a written contract executed and approved pursuant to the state fiscal rules. J. The Colorado Water Conservation Board, its agents and employees, ia hereby designated as the agent of the State for the purpose of this contract. K. All notices, correapondence or other documents required by this contract ahall be delivered or mailed to the following addresses' (a) For the State Colorado Water Conaervation Board 823 State Centennial Building 1313 Sherman Street Denver, CO 80203 Attn• Nick Ioannidea ot (b) For the Contractor City of Englewood 3400 South E1ati Street Englewood, co 80110 Attn• Stewart Fonda • • I • • • • • fqrm 6·Al-OlU SPECIAL PROVISIONS CON .IItOLL~It ·S Al'l'ltOVAL I . Th is contr~&ct ihllll not be deemed valid untU it shall hlw: been approved by the Controller of th e State of Colorado or such assistant 115 he may desiamne . This provision is applicable tu any contract involvina the ,,ayment of monry by the Suue . FUND AVAILABILITY 2 rinMnlud ohli~tlun\ of the Stutc potyable ufrcr the cu~nt fu;cal yc:u urc cuntiuucnl UJIOII fumh for tha~t purpose ~inK appropriated , budeeted and otherwise made evaifable. BOND REQUIREMENT 3 . lfthl\ CORiriCI ln'<'OIVCii the pl&)'mcnl Of more than ten thoU.\.and doll1n: for lhc I:UOS(rt.lf..IIUO , Ct'CI.:IKm, n.:p;aar, rmumcnarn:c, or •mprovcmcnt ul ~&ny txuhhnJ , ru..d . brid&c . vuaduct, tunnel , eacavation or other public: work for th&s State, the contractor shall, before enterins upon the perfonn~~nce of any such work included in th11 contracl, duly execute and dehvcr to a.nd rile wnh the off~eial whme "'lnature appe.an below for the Stale, at sood and ~uffictcnl bond or other accepl»ble surety to be approved by said offic1aJ 1n 1 penal sum not le s lh•n one -half of the total amount pay~tble by the terms of th1s contract Such bond shill be duly ucculed by a qualified corporate surety, conditioned for the due 1tnd fallhful performance of the contract, and tn addnaon , Jhall provide t.hat 1f the contractor or his subcontracto" f111i lo duly pay fvr uny h1bor , m1.tcrn~ls , team h1rc , suslt.:IUUl~t.:. pruvi~ion•. pruvt.:n1.h:r ur uthcr ~ouppltc~o u~oed or ~o n~ou•ncd by ~ouch l!ontr-.:tur or hli tiubcontractor in pefomance or the work cuntr11cted to be done, the surety w11l ply the i&JTle man amount not exceedina lhe sum specified in the bond , tO&clher with 1ntcres1 at the rate of Cl&ht per cc:nt per •nnum . UnJe s such bond , when so required, 11 uecuted , delivered •nd filed , no chum m fav or of the contractor lTiilni under th i contnK:t hall be audited , allowed or piid. A cenif&ed or caihlcr 's check or 1 bttnk money order made p11)'11ble to the Trnsurcr of the State of C~orado may be accepted 1n le1u of a bond Ml 1.\IUM WAGE 4, l:.JCCCJJI lt't OlhtTWI!tt pruvtdecf by Jaw , jf thb COI1frMC( ptUVid~ fur the pi)'llleOI Q( OlC)f"t tJUm fin lhUU!t;llld dollars and re ~ui rcs or Involve~ the emplu) mtnt of laboren or mechanics In tht cun~otruclion , -.lh.'fQhon ur repair uf lillY buildin& or uthcr ~ublh: work , (u.c pt hajihways , hi&hway brid~ts , underpa~~es and hiahway ilructure uf aU kinds) within lht aeoavaphicul limits or the Stale , the nit of WIJt for all laboren and mtchani~ tmplo)l'd b)' the runtr~tttor ur nny \Ubwmr;,cotur on tht' bu,ldll\1 <H JHibhc '*Vrti. cuwrtd by thb cuntnn·t oJa .1 ll itt• nut .._ • ., than tlh' prt.·udula r:&t c ul ~.1&\'lt tor ~urk or. •miiOIII-.IUrt In the (lly,lown , ,.Jtlqr or uther tlvd IUbdl\1 lUll of the Statt Ill which the bu1 ld ma or other publtc '*Ork II lOCI led Otspute:s rnpe:ctma preYJaUna r11n wall be rt..uhed M prundcd in ti ·l6·101 CR 1973 "•m•nd•d OJ CRI\1JNATIO I\ 1J AFFIRMhTIH ACTION S The contr~ctur aam~o to romply WJih the leuer and aplnt or the C~or.do AnUdiiCnmitllhun Acl of I 9S7 , at amcmdtd , aud uthcr .tpph,o~bh! Ia .. r 'lK'CIII\1 d•~rimmatiOfl aud unfair emvh,)'nwtH j)fk'hu·' (24-l4 )01 , CRS 1¥73 , b. imlttu.lt:dJ ,•ud lb ~~u1"'d by b «uU.-t' Ord r L.,;u.al Opporturuty and Arrinn~tl\ot hun _ dated April lb. 197 5 l'urJM11nt lhtTriO , tltt fullowml JHUIIUJutu JJI.M W rfHfliiJUtH ilf .J/ St•t~ rwtttwrh ur w""-rMifllf'll. 1Junu the pcrfurmuct uf tlu~ oalntet th corHI'ICior ...,_. • follows • I . • • • • • 17) In I he t'Vl'lll uf lhc cuntraclu r \ nun·cc mwliunl·c wilh the nuu.ch-.crlminllliun d:m,n uf lhh ntUII.II I HI wtth any ol ~uch rule~. rtgulutiom •• ur urdeno. thi s contract may be (.'Dncelled, tenninuled ur \UIO JU.•ullcd in "hole o r in purl and the co ntractor may be declared ineliaible for furrher Stale contracu in IK'cu rdanc~· wirh pruccc.lurc!l, uuthurited in E J~:ec utivc Order, E~ual Opportunity und Affirmalive Action of AJ tri ll6, 1975 ami lhe rules . rtJUIItiun~. or orders promulpled in accord1nce therewHh , and such other ~nctiun~ 1u, may tx· imposed and remedit§: n may be inuHted i6 provided m Executivt Order, Equal Opportunity •nd AffirmattH· Acuun nf April 16 , 197S , or by rules . rtp!hllion . or orden promulpted in accordance thtn"'411h , ur .... ollll'r\loot\l' 11mvidcd hy litw (MJ Tilt contractor -wall include the pruvtwuni of paravaph~ (I) thruuafl (8) an tvery iu~contract and sub-co ntr~ctor purchase order uuh~si uemtHed by rules . repdationr. or orderi issued punuanl to E,ecut•"e Ordu. EquaJ Opponunily and Affirmative Action of April 16. 197S .su that t~UCh l'ruvi•io•u: will bt bindmg upon etc h sub-co ntractor or vendor. The con tn.ctor will take wch action wilh rei pecl 10 any sub-~:untraciiiiK ur purcha)t order a-a the coutnte:tina •at-ncr may din."Ct , an. 1 1neans of e nfurcina ~uch pro\'iAon•. indudmM ~nctions for non-cumphance , prov1ded, however, thac in the e\tnl the conlnK:tor bec:ome1 involved in, or i thrntrned wllh, litiaatiun with the ubcuntractor ur vendur '" • n:-wh of \ttcll din.'<' lion by tht.• t·untr.K'IIIIJ •aency. the cuntro~ctur may requnt lite St:He ufCulor .. do to enltr into WKh liUptiou to protect the tntcrnt of the Suue nf Colur.ado COLOR,\00 LAHO R PR EFERENCE 6 l'rm i\IUth ol H-17 . 101 . & 102, (.ItS IIJ 7J fur prd~ft'n~·r uf (.ufunnJu l.tbur .tre a pj)hcn hlr lu thl' cuntr.ll'ltf tmhhc 140tkl. 'Aolthin thr Stair are undertaken henundt-r and :1 rr financed in whulr or 111 p:.rt by Suatr fund, GENERAL 7 llw ha"'' ut thr St:.ltt" u l luiln.du 0111 d rulf'~ .md n·aubholh 1\!I.Uc.J pu"U >~nl thn~tu 1ohall l.tco >I Jittlll:d 111 the tnlerpret:uiun . t'\t>eUhon and rnforC'f'tnent uf thk cuntr.K'I An y provt~on or thl\ conlr.&ct whether ur not incurpu ratco d ht>rdn hy rl"fl."rcllcL' "-ludt pnmdt•, rur arlutr.t tiun by lilt)' f).lfli ·J mllc•al body or ptNHI u r wluch l!ro uthcrl41..e 111 conOK"t '41th owud law.., rule\ 0111d reaul>~tion' ,Jtall ht! C'Utt!roilk•l'f'd null nmJ "Utd Nut hill& cuu t.nn,•ll iu uny pruv'""u IIICUrJtura trd hrreu1 by ~~~·r~·nct' whte11 fUitfWrh to ltt'a.t lr thl\ or any o the r 'fJeC't.el fltUH\IUU 111 v.holt ur 111 part !~.ha ll bt n•lld ur rnfurcublt ur 11\'-adahl« 111 any ac flu n at l1w whether by w-.a y of comt,lount . drfen\f ur o thttl4'llroC An\' prou\lun rtndtt'f'd null .md "'"d b\" thr uptr;•fltHI nf th ... pro"1'HIII wtll nut mv.dtd.lt,• tlw n·nt;uud,•r uf fhl\ ttllllr.lt.l tu Ilk' '''l~·nt lh;et tfu: nmlr~l '' L.lJ1 .. hk• ut \"\~"l'liiiUII ~ Tilt' " natunt'~ hurw au·r tho~ I tht) .ar..-l.trntJJ<~r ,.,,h I~~ 101 l"l '<\I tUnlkr) 11MI Curno~pt lnOu\'"'"~'• .:md I 1\-.JOI t-1 \C'~ • ( -\h\lw ur PuhiK' Ofr.cf') ( R S 197\ "" n"M"ndrd ;u~ thJ:t no \tol-atton uf ""'h J,o\l,..tlil\" JH"l''CIII \1 llh· ,aan~tuur, il\tr lhJt In lht'1r Lnu~lt'lJ c ,, .. ''"'" t>1t'1plu "h•" an) ptf'oU•l<tl Uf h«-nC'fkl~ 1111en:'1 'Ah.tl\llt'\rr llllht ....,.r'\okf' ot prnt~·rh dr\\Uhf'd hco«m J"'.J \\ll l~~ ~lllRLOI 1tw p;~ntt·' ht>rt>tu h~h· ,.,l:,tltrd lht' .\.,.,..n.-•t 1t..· ¥1 f'"' wbu\ot" '~~I'OI Irn CITY OF ENGLEWOOD \1 A II 01 ( UlOII \110 HIC IIAHIIII I Ht\1 I .IIH R'IIR ">--(ont.-...tw ______________ HAMLET J. BARRY III, ACTI G EXEC. DIR. ~: ~~R f\tl '1 NATUAAL OU~U PO\ttMI ---------- COLOAADO MAT BOARD EMPLOYER I. D. NUMBER , DIREC'i'OR '\II V tl." \ !wl " K U -----------( tJ,UhJII I .------------- •• •• The foregoing inatrument waa ac:kn led ad befo re • h ta day ot --------· u __ • by My c: 1aa1on expire• Witneaa my hand and ot!ic:ial a al c: • I • • • • • SCHEDULE A COLORADO WATER CONSERVATION BOARD CONSTRUCTION FUND PROGRAM PROCEDURES 1 . Board approval of engineering firm and engineering agreement between engineering firm and project sponsor. 2. Preparation of detailed plans and specifications for authorized projects by consulting engineering firm. 3. Approval of detailed plans and specifications by Board staff (plans and specifications for storage dams and reservoirs must also be approved by State Engineer's office). 4. Board staff approval of blddlng for the project. Board staff present at bid opening for construction~ 5. Project sponsor may Issue the notice of award and the notice to proceed with construction to the contrac to r (b ot h notices must be approved by the Board staff before th e y are issued). 6. Conduct a pre-construction conference. Approval of construction schedule by Board staff. 7. Construction commences. The Boar d staff make s periodic inspections during construction . All change orders must be approved by the Board staff in advance and before any construction on change items can commence. Emergency items cleared by telephone. 8. The consulting engineer certlfiea that the project has been completed according to approved dra wings and specifications and arranges for final inspection. 9. Final inspection and acceptance of aa-bullt project by Burd staff. 10. Submittal of as-built dra wings to Board starr tor approval and filing. CH OULE A I • • • .. GRANT OF EASEMENT THIS GRANT of an easement (this •Grant•) is made this day of , 19 by the CITY OF ENGLEWOOD, COLORADO, (•Grantor 1 ) whose address is 34oo s. Elati Street, Englewood, Colorado 80110, in favor of the STATE OF COLORADO, DEPARTMENT OF NATURAL RESOURCES, c/o Jeffrey J. Kahn, 1525 Sherman Street, Third Floor, Denver, Colorado 80203; The parties covenant and agree as follows: 1. Easement Pro~ertS. The •Easement Property• shall mean the real property locatedn t e County of Arapahoe, State of Colorado, more particularly described on Exhibit A, consisting of one page, attached hereto and incorporated herein by reference. 2. has paid valuable Grantee, Consideration. As consideration for this Grant, Grantee Grantor the sum of One Dollar ($1.00) and other good and consideration, including that contract of even date with the receipt of which is hereby acknowledged by Grantor. 3. Grant of Easement. Grantor hereby grants to Grantee, i ts successors and assigns, a perpetual, nonexclusive easement over, under, across and through the Easement Property for the purpose of constructing, operating, maintaining, repairing, replacing, removing and enlarging those structures or improvements of Grantee that Grantee finds necessary or desirable to pass the flood waters of the Chatfield Channel Pro j ect, as determined by the u.s. Army Corps o f Engineers, and al so for ac c ess to the Chatfield Pro j e c t Channel i mpr o vement s , e xc ept tha t sa id r ig h t s s hal l no t i nt e rfer e with the pumping stat ion o f Grant o r. 4. Acc e ss . Gran t ee s ha ll ha v e t he perp t ual , no nex cl u i v e r i gh t of ingre ss and eg ress i n, t o , ove , t h r o ug h and a cros the Ea s e•en Prope r ty fo r ny purpose neces ry or de lr able f o r th full e njo yme nt of the rights gran t ed t o Grantee unde r t his Gr a nt . s . Subj cent and Lateral Su pp ort. Gr a ntor covenants and grees hat Grantee shall have the right of subjacent and lateral 1upport on the • ••nt Prope ty o t ver extent is necessary or destr ble tor the full, co•plete nd nd •turb d enjoyment o the r i hts gr nted to Gr ntee under hi• Gr nt. 6. 1 ofar do • no .. • th y and I • • • 7. Abandonment. In the event that Grantee shall abandon the rights granted to 1t under this Grant, all right, title and interest hereunder of Grantee shall cease and terminate, and Grantor shall hold Easement Property, as the same may then be, free from the rights of Grantee so abandoned and shall own all materials and structures of Grantee so abandoned, provided that Grantee shall have a reasonable period of time after said abandonment in which to remove any or all Lines and Appurtenances from the Easement Property. In the event that Easement is abandoned by Grantee, Grantor shall have the right, at its sole option, to require Grantee to remove or neutralize any improvements constructed in the Easement by Grantee. 8. Warranty of Title. Grantor warrants and represents that Grantor is the fee simple owner of the Easement Property and that Grantor has full right, title and authority, and that this Grant is effective to grant and convey to Grantee the within described easement. Grantor further covenants and agrees to indemnify, defend and hold Grantee harmless from and against any adverse claim to the title of the Easement Property by all and every person or persons lawfully claiming or to claim the whole or any part thereof. 9. Binding Effect. This Grant shall extend to and be binding upon the heirs, personal representatives, successors and assigns of the respective parties hereto. The terms, covenants, agreements and conditions in this Grant sha ll be construed as covenants running with the land. IN WITNESS WHEREOF, the parties h ereto have executed this Grant of water Line Easement the day a nd yea r first above written. ATTEST: Gary R. Hl9bee, ex officio City Clerk-Treasurer 2 GRA NT OR: CITY OF ENGLEWOOD, CO LORADO By~----~--~~~~----Eugene L. Otis, Mayor • I . • • • STATE OF COLORADO COUNTY OF ARAPAHOE ss. Acknowledged before me this day of , 19 by Eugene L. Otis as Mayor and Gary R. Higbee as ex offlc1o City-- Clerk-Treasurer of the City of Englewood, Colorado. My Commission expires: Attest: STATE or COLORADO COUNTY or ss. GRANTEE: Notary Public 3400 S. Elati St. Englewood, co 80110 STATE OF COLORADO DEPARTMENT OF NATURAL RESOURCES (COLORADO WATER CONSERVATION BOARD) By----------------------------------- Acknowledged before me this ------by------------------------~ as day of -----------, 19 as My co .. taaion expires: -----------------------------a:na ----------------------------------------- 3 Notary Public Address: I • • • • • UNION AVENUE DIVERSION LEGAL That part of the SWi of the NWi of Section 9, Township 5 South, Range 68 West 6th P.M., described as follows: Starting at a point 257.0 feet South and 485.62 feet East of the Northwest corner of the SWi of the NWi of Section 9, Township 5 South, Range 68 West 6th P.M., and on Center Line of the Petersburg Ditch; thence East 505 .9 feet; thence South 9°5' West 728.18 feet, more or less, to the North line of County Road No. 1 (West Union Avenue); thence South 83°3' West along the North line of County Road No. 1, a distance of 76.35 feet to the true point of beginning; thence continuing South 83°3' West along the North line of said County Road No. 1, a distance of 354.5 feet; thence South 57°42' West 33.2 feet; thence North 21 °45 ' West through the Headgate and along the middle of the Petersburg Ditch 190.1 feet; thence North 4°50' West along the middle of sa i d Ditch 309.5 feet; thence North 83°03' East 268.31 feet; thence South 24°37' East 503.03 feet, more or less, to po i nt of beginning . .... • 1'4 \ I • • • • • SCHEDULE B 268.31 ' ' I ... •'· ~. . .. · I . • • • C 0 U N C I L C 0 M M U N I C A T I D N DATE May 13, 1983 AGENDA I TEM 1£ SUBJ EC T Union Avenue Pump Station I NITI ATED BY ________ En_g_l_e_wo_o_d __ wa_t_e_r_a_n_d __ se_w_e_r_B_o_a_r_d ____________________ __ ACT I ON PROPOS ED. ___ .....:.;A""PP~:..:r...::o;...:.v.:.a..:...l ...::O:.:.f_t.:..:h.:.::e:......:::.c O::.:n.:..:t:.:.r.::.ac"-t"-=b"'-e.:..:tw::..::eo.::ec!:.n_t~h~e'-C::..lw' t:.~:y_o::..f!......=E~n.:s.glue~wo~o~d~a~n~d the Colorado Water Conservation Board for co nstruction of a dam, an intake, and a pump station at Union Avenue. BACKGROUND The U.S. Army Corps of Engineers has des igned, and will construct, a flood channel in the South Platte River from Chatfield Reservoir north through Englewood. The design shows a lowering of the river channel 6 feet at the City's Union Avenue intake. This chang in water surface leaves the City's water pumps totally unuseable . The Corps original design proposed the use o an inflatable rubb r dam wh ich would back up the water high enough for our pumps to operate. The City wa s critical of this solu tion. A study funded by the Water Conservation Board was complet ed January 22, 1982 w ich recommended a concrete dam, an inta e and a n w PUMP station to be buil which would op rate a the lo r river level. The Engineer provided cos stimates and further defined reasonable cost responsibilities of the City and the Water Conservation Board. These figur s were used, and are r fleeted, in the proposed agr nt. • • • • • • At this time, it is not certain how much of the work will be completed in 1983. A budget revision will be submitted when the Water Conservation Board receives a firm schedule from the Corps. If the entire project is completed this year, which does not appear likely, the City has funds available. Finance Department's current projections show a working capital figure of $769,563. existed in the Water Utility Fund of January 1, 1983, and it is projected that the January 1, 1g84 working capital fugure will be $743 ,5 74. Neither of these figures include an additional $150,000. which was received from the City of Thornton last month for raw water sales and, therefore, had not been included in the budge t. Thus , the projected working capital for January 1, 1984 is approximate ly $893,000. It is hoped that a cash flow analysis can be presented to Counc i l by mid-summer whic~ will show the effects of this project as well as the Littleton Railroad Depression project and several other projects which should be incorporated into the next five year plan. To reiterate, funds are available to complete this project. RECOifoiENDA TI ON That the City Council approve the contract between the Colorado Water Conservation Board and the City of Englewood for construction of the raw water facilities at Union Avenue . • I • • • • .. • I •ufo It \{ h!" $882,100 CO TRA CT \\HlR£AS aulhcmC )' nt~b 10 th~ Uw and .. unds have b«n bud&tltd approprutcd and othcrwtSt' mad e l\;ulabiP and a suffeucnl urwncumMrtd balana Jht~of rt:matns "":ulablc for payrrwnr m fund ~umber~. C·l \crounl 1'\umbt-r~ Conlnct En cumbr41n <:t Numbt'r ____ and ABL Account Number 16010, Org. Unit 77-77-777 , 'n-HlREAS rrqutrtd appro~ncc and coordmalton has b~n Jccomphshcd from and w.tth appropnalt ~t-nt~io and W~EREAS, pursuant to the orovisions of 37-60-119, Colorado Revised Statutes 1973, as amended, the State is authorized to cons truct certain water projects fo r the benefit of the people of the State; and WHEREAS, pursuant to Senate B~ll No. 537, Fifty-First General AsseMbly of the State of Colorado, duly enacted into law, the Colorado Water Conservat ion Board has been authorized to expend a sum not to exceed Two Million F ve Hundred Thousand ($2,500,000) for construction of the Chatfield project channel improveme nt: and WHEREAS, the Chatfield project channel improvement is a joint project of the United States and the State of Colorado: WHEREAS, as part of the Ch at field pro ject channel improvement certain improvements owned by the Contractor at the Union Avenu e diversion and pump s ation s ite aust be relocated and h1s re locat1on 1s h r~i naf er referred to as "the pro j ect": and WHEREAS, a conduc ed and l teaa1ble; and eaalb11i y 1nves iqa 1on of ea1 proj c wa s .., • oun,J that S<Ph proi ct is econ ic ally WH&R AS, he ee taa ad co o f th proj ct 1e T Fifty-&iqh Thou a an Dollars ($2,058,000 ): and Mll llon WH E~&A , the Contactoc, have decided o con rue th bent!> i ; end he Un1ted Sta tes, and the State oro)e t for e1r utuel atea ani the State in percen a ot • S't'O)ec coat Dol lar a nen ..t>otr ch nnel 101 ... I . ( • • - A. The Contractor agrees th at it s h all: 1. Employ an engi nee ring firm to prepare project plans and specifications for the proposed project. BoLh the engineering firm and the pro) e ct plans and spec L fica Lions shall be approv ed by the State. Both the Contractor and the State agree tha t the project p lans a nd specifications may be changed as necessary and as agreed upon in writing by the designaLed representatives of the Slate and the Contrac~or without amendment of this contract as long as said change does not involve an increase in the State's share of the p~oject cost above Eight Hundred Eighty-Two Thousand One Hundred Dollars ($882,100 ). 2 . Subcontract the constru ction of saLd project to a responsible and c apable firm, said project to be c ompleted in conjunction with the rebuilding of the Union Avenue Dam by the u.s. Army Corps of Engineers in a ccordance with the project plans and specifications and any necessary mo dification thereof approved by the State. The State must approve, in writing, all subcontracts before they become effective. 3. Require all Subcontracto r s to 1ndemnify the State and the Contractor aga i nst all liability and loss, and against al l claims and actions based upon or ar1sing out of damage or injury, including death, to persona or property caused by or sustained in connect ion with th e perfor~ance of any subcontract or by conditions created thereby, or baaed upon any violation of any statute, ordinance, or regulation, and the defense of any audh claims or a ctions. 4. Require all Subcontracto rs to ma intain liability insurance in at least the follOWing amount s: a. For any injury t o one person i n any single occurrence, the sum o! One Hundred Fifty Thousand Dollars ($150,000). b. For any injury to two or re persona in any single occurrence, the sum of Four Hundred Thousand Dollars ($400,000). Said l1abil1ty insurance shall name he Contractor and the State as co-insureds. No payments shall be aade under thi s contract unless a copy of a certificate of sa d liabLllty insurance has been !iled with the Colorado Water Conservation Board. S. Permit periodic 1napect10n o authorized repreaente•iv of ~he S construct on by e dunnq construe 10n. 6. Comply w1th ConatruC:tlOn rund Progra PcoceJures attach S h reto •• Schedul ~. r eaa I'UIIlGftt, a 'f The 6 eh ll• • • • • - a. Beginning with the nont.hly period commencing May 1. 1983, and for every nonth thereafter until said project has been completed, the Contractor shall prepare with the assistance of the consulting engineer referred to in paragraph A.l. above an estimate of the funds required from the State for project construction during that nonth and shall forward said estimate to the State noL less than flft.een (15) days prior to the beglnning of such month. b. Until the monthly est1mate 1s approved by the State, no payment shall be made to the contrac or. The State shall approve or d1s approve the estimates withln 7 days of receipt. Failure to approve or disapprove withln that period indicates disapproval. Withi n 5 days of request, the State shall prov1de the reasons for disapproval to the Contractor in ~ooiC iting. c. l! the monthly estlmate 1s approved by the State, 1n writing, the State will, within forty (40) days from the receipt of such estimate, pay over to the Contractor the amount of the nthly estimate or such portion thereof s has been approved by the State. d. The State agrees that Lt. shall not unreasonably withhold its approval of estimates. e. No payments w1ll be made under th1s contract until the project plans and spacifLca ions referred to in paragraph A.l. above are approved by the State. 2. Provide the contractor w1th auch techn1cal aaaiatance as the State de.ma appropriate in planning and conatruct.ing the project nd 1n coordinating the proJeCt w1th local official comprehenaive plana for sewer and water and w\th any State or area plana !or he area 1n w1uch the project la located . c. If the Stat.e'a ahara of the proJeCt coat 1a l••• han ight Hundred Elghty-Thoua nd One HunJr J Dollar• l$882,100) than he State ahall only pay the leaaer amount. to the Contractor. I. Wh n pruper y F. ~lth 11 w the sole and ellclua1va • ( • • • embodied in a written contract executed and approved pursuant to the state fisca l rules. J. The Colorado Water Conservation Board, its agents and employees, is hereby designated as the agent of the State for the purpose of this contract. K. All notices, corcesponden e or other documents requ~red by this contract shall be delivered or mailed to the foll owing addresses: (a) For the State Colorado Wa ter Conservation Board 823 State Centennial Build ing 1313 Sherman Street Denver, 00 80203 Attn: Nick Ioannides (b) For the Contractor City of Englewood 3400 South Elati Street Englewood, 00 80110 At t n : Stewart Fonda 4 ... • • I . ( ( • • - 1-••nn G \l" U2U SPECJi\1. l'I(QVJSJONS CONTROLLEI!'S API'RO\ AL I llu' cunlr;H:t ,h .. ll not bt dl"t~tl htltd un11l 11 ~h.:~ll have been appruu~d by th e Controlh•r of th~ State of Colorado or such .u . .<~•~fant .1; he nl3)' de-..1gn.,tc n .... prO\hiOil is applu.:ablr tu Bll)' coruract imolvmg the IJ:l) m ent u f money b y the Stoo~te rtJ 'IJ AVA IL,\UILin' 2 Fimmnal obhg,allons of the State pi)<Jble after I he cu rnnt ftSCal )tar are coutmg,ent upon fund) for th :u purvo~ bt.ns appropriated, hudttttd and otherw1$e' made 1vai lab~ llOND REQUJR~MLNT 3 . If lh as contract 1m~vcs the po~~ymcnt of more lh1n kn thousand dollars for the conilna...uon , crt:LhOO , r~p:u r, mamtcnancc , or Improvement of any buth.l •ng, rood. bndgc, ~>"tachtet, runnel , cu.avatton or othtr pubhc work for th1 s State, the contractor shall , belore entenng upon the perfonnafk.c of any such .,.. tndudcd 10 1h1s conr rac1, duly uecute and defp,·er tu and fil e wuh the offiual ""'hose Sl&n~lurc: appears below for lhc late, "' good and uffic1ent bond or othc:r accepta~c surety to be approved by st1d olficaal 1n a penaJ sum nol )CS} than one-half of the-total amount p.yable by the terms of !his coutract Suc:h bond shall be duly c:•cc:ured by a qualified corpora1e sure t). condll tOncd for I he due and f1uthful perfonnance o f I he: contracl ... nd 10 add1t10n, s hall provu.Je that 1f the contractor or h., s ubconlraUor\ hul 10 duly p.ay for any lo~bor , nulc:nah, te;am hnc:, lblcnanu:, prOVISions , prO\cndc:r or Olhcr suppl1es used or consumed by such contractor or h1s subconlflclor 1n pdormance of the work conttacted to be done . the surely wall p~y the same 1n an amount not: uceedtn& lhe sum Specified m the bond, together 'ft1lh •nterc t a1 the rate of e1ght per cent per annum UnJeu such bond . ""hen so required , 1 uecutcd, deh\.crcd and filed , no da1m an favor of the: contractor ansma under thu; contr.ct shaJI be a ud1ted , allowed or pa1d A ccn:rtcd or c ashtc:r's check or a bonlt mooey order mode payable IO •he T.eos=r or .... Sial< or Colorado may be ae«pted '" letu or a bond Ml 1.\IUM WAG~ 4 . hetpl u otherwise proYided by bw, i( lhis con lract provtdes for lhe payi'!Vftl of morr than fi.-e lhOid&nd dollan and requires or in"olwes IM emplo)'mcnl of laborrn or mechanics in th« eonslruction, alt~ratton or rr~ir of any buiJdma or other public wort , (uccpc h•&h-.a ys , hi&ft v.ay bridaa. uncle~ 1nd heJbw•y Jlructurrs of •ll tunds) withm ahc Jtolflph.c:al lmuls of th-e Staac . rhc n11c-of wace ftW all laborc:R and nw:ctuanK:J tmplo)t-d by I he contrKtor or any subcon lrxlor on the buddmJ Of pubhc ""ortc covntd b th11 conlncl ~:til W noc k-than the prn-ailin& r.Ue of "":lJn for 'ftOrk of a ilmdar nature-an rhc cllv. to .. n, nllaac or olbcr avel JUbdtrutOn of the Statt an whtdl the-buthhn& or uthtr pubhc wo~ • local eel Disputes ~cttnJ prt"r.l.d.ma nles WJU be rftOI•ed n provKJcd •n 16101 . CRS 197J a• amondod DISCRIMINATION AND AFFIRMA 11VE ACTIO N S 1ltc Ofllr:k:lor l&tf:a to comply wr.lh the ltlltt and ptnl of the Colorado Anltdt ·nmmalfon Act of 1957, as MMndtd and other apphub'r law rap«t•na d.J nmm .. tton 1nd unra., emplo mtnt practtU"i (2:4-:U.JOJ k 19U. anwndrc:lj , 1nd a... ~qun~d by E~ecutnt Olodfr L,1.1.al OppOI'hfi'Yf') and Aflimutne Achun dalrd 4pnJ Itt, 197.5 hra.enllht-"''"· dtr {olloMJtl pro•,JitHu u..JI H ,.,,.~ uw I!J1 ,.,,. CMIJW'IJ., ,.,k.,,,..1J Ouona the p rfntmiiii'K.C uf th ... untR\.( ( cuntra.:t t • I . • • • (1) In lhl' event of rh~ contrJctor\ non compham.e w11h the nnn ·d •~cnminalion cl:wse~ or I his con trae r nr \\llh Jm of 'uch ru le ... rcgulntion~> or urder;. rhis cnnlr:.ct ma} be c:mcelled. temHnated fit suspeuded 111 "'huh: vr m parr and !he conlr;~crur ma) tk declan.·d ml"hg.hle fur further Stare cunrrach in accurd:mc~ \\llh tnncedure,, ..IUihunrcd 111 E\ccuiiH' Order ffJII31 Opportumf) .111d Affirmaft\o: AcCion of AJml 16, 19 75 and the ruh.•\ re~ula11o1b , or ordcl') JlrUIIIUIJ.;~tc>d 111 accord.ntcc rhert"llh . and \uch orh~r S.tn 11 uns a' ma) be 1111(W'oed and re~d•es. 3S may be 111\0l..o:tl ;t\jlrU"id~·d 111 l:.,ccutnc Onlcr. [qu:•l Opporlllllll\ :tml Arrinn .tln~· ALitun nr Apnl 16, 1975. m ll) rult" n.:.:uiJhurl ... or urde~ JHOinulptcod 111 :tecord.Jnu: rherc,,·,rh . nr .. , urhc""•~· jltU\Idcd b~ law (~) Titt" contr.telor will mclude lht' pro~btom or p.:~r.rar;aph~ (I) rhrough (M} m rH"f} ~ub-conrracl and MJb-contr..ctor purchase ord~r uul"') t\C:IOplt.'d b\ rult",, rc~uii(U.IIh ur ord~" is'>utd pun.u:aul to E'\CCHIIH' Order. Ettu.tl Opronuml) and o\rrirm:aln t Actwn ~rf Apnl 16 19~~ )ll lh ~•l 'urh IJrU\hwm '"''" ht· bmdm&: upnn ~ICII sub<onfntclor or \tndor Th<-conrr.cto• wtll l::~l..t wch :tel Jon v.irh re pte I lo anv sub-cunlr.ac:hn& Ut ltUrt"hast order 4b lht contrtKim& aJfnq nu, dwrt:l a>~ .a •ncoan~ uf cnforcin& :tuch pro~is1ons. mdudme uncltotn. for non cmnpl•ance , pro,11kd huv.r"er th:tf m tltt> t''"'" rhe conlr.xtnr b«Oil'lc=) 10\0ived ut, or'' thrt:•IC'ned '*llh htta;ar.on 'o\llh lh~ JtUb<:onlr;a,.tur nr 't'H!.Inr ,., .1 tt'>llh of ~udt lhrct"lion b\ I he cuu lr.»elmg IJeltc) the l:OIIIrKIOr m:ty ~qUHI the St::.le nl Colur.1dn 10 trHN 11110 WJCh ll11ga11011 lu pro!« I lhC' mlcre~l uf I he St:.lt nf Cf•luf3du COLOR~OO L~80R PRLI [KlN 6 Prmt'\IQU .. of h 17.1 01 & J02 . CRS 19';1 J fur prdt'l't'lh't' nr CofurJdH l.ahor :ir~ opphcabl~ IO ,, .... cuntr;)('( if publt<-•ork' ,..Jtlun lht l:tlt' :t~ underC.ll..~u h~r.:ound .. r :tnd 1h. fm.urc-~d 111 >A hoi~ or 111 p :nl by Sto~t~ fund' CEI'iERAL 1 Tht bW) of tht Sl:alt' of <.olnradu :uuJ rult' .and r.-~uiJirhrl\ ''-\4ttd put'olu.ml thtrt-fo sh:all bt liPIJh~ m lhe tnlrrprel:tftou , uttuhun and rnforctmtnl uf lht' cuntrxr An y pron,ion or lh~ contrxt ,.hether or not rncurpuratf'd htrttn b} rdc-rcnce wluch prond..-, for :arbrtr.tlrun by :tny ~\Ira judrca:af bod) or pt-non IH wftteh h orherwrw ut conflK't with '\::lil.l lawo.. nrl« and rqul::.tioM "•all ~ cons.dtrt"d null :~nd void Notluna conr•inrd in en)' provt Jon u-.c;orpon~led he~m by rdtrt•n« '*luch purpurh 1u I~Ut lh" or 311) othe-r f"H't:tl pro\1..,011 in ,.-holt Of 111 PJI'I sh:tll be Y.lhd m e-nfurt't:.ble' ur :t\ .. tlahk 111 311) atlkMt al Ia• v.l~ther b) W:t) of compbrnt. •rtmc or oth~ ... w Anv pron'ioll rrndtf'f'd null .md 'Otd h) tlw uprt,.frnn nf rhr. pr0\1'lotun w.ll nnt "'"~IKI;~rc tl~ l'fmltrtdf'r u( lhK C'Untr.te"l IO the-1'\ltlll lhat lht' CUU II'XI "c;,pabJt ttf t'\tt"UIIOII 8 Tlw ''&nator~' hc-rt>lo :t\Pf tho~t lhf') ,.,.,.. f.muh.Jr ,.,,h IH }01 tl "ttl t6nbt-r) and Corrupl lnnutfl«\) :.ndl" 01 ~~~.(-\hu~triPuhl OffM.rl t.RS 197 _\_ .. ,:mrt>ndtd .. ndflutno\tOl:Utunu(~prO\t'oWfbl' prf"rotnC "J lht' "'""'''''~~'' "''c' lhJI t•• 1ht>rr l..ntt>Akl.J~-.· "'' ,l.tlt" t'lltl.tO\ft h .. , .1n\ pcrwn.d 111 lk.rwrk.:...t rul~t>rN ,.f'l3h0t'\t'r 111 lht" '-t!I"IN nt prupc-rh d~..c-,.hf'd ltt'rt'Hl t j \\IT!\[ hltEREOf 1t p..rttt\ ht'r~lu ho~'C' t\f'\ut d tkt'\ 4vr•·nwnt utt 1tw dl\ ftnt *'• •nUc-M CITY OF ENGLEWOOD \T"Tl OF <OlOR\1 1111 IIAHIIII I \\I \1 I,U\ ~.R ,UR (Htllr;ktm ------EXEC. DIR. EMPLOYER r. D. NUMBER By \1'1'110\ \1 "11U I\ "-l (.at -----------tO 1 h.VIlla. Th for 1n nat.r n " • • betor • h1a dey ot '---·by y COINIItaaion xp rea Witn 5a h nd nd otticl• 1 he • I • ( ( • • • SCHEDULE A COLORADO WATER CONSERVATION BOARD CONSTRUCTION FUND PROGRAM PROCEDURES 1. Board approval of engineering firm and engineering agreement between engineering flrm and project sponsor. Z. Preparation of detailed pl ans and specifications for authorized projects by consulting engineering firm. 3. Approval of detailed plans and specifications by Board staff (plans and specif ications for storage dams and reservoirs must also be approved by State Engineer's offi ce). 4. Board staff approval of bidd in g for the project. Board staff present at bid opening for construct ion. 5. Project sponsor may issue the notice of award and the notice to proceed with construction to the contractor (both notices must be approved by the Board staff before they are issued). 6. Conduct a pre-construction conference. Approval of construction schedule by Board staff. 7. Construction commences. The Board staff •akes periodic inspections during construction. All change orders must be approved by the Board staff ln advance and before any construction on change items can commence. Emergency ite•s cleared by telephone. 8. The consulting engineer certifies that the project has been co•pleted according to appro ed drawings and spe cification s a nd arranges for final inspection. 9. Final inspection and ace ptance of as-bull proj ct by Board start. 10. Sub•lttal o f as-built drawings to oard staff for ppro al and filing. A • • I ( • • • SCHEDULE B UNION AVENUE DIVERSION LEGAL That part of the SWi of the NWi of Section 9, Township 5 South. Range 68 West 6th P.M., described as follows: Starting at a point 257.0 feet South and 485.62 feet East of the Northwest corner of the SW! of the NWl of Section 9, Township 5 South, Range 68 ~lest 6th P.M .• and on Center line of the Petersburg Ditch; thence Cast 505.9 feet; thence South 9°5' West 728.18 feet, more or less, to the North line of County Road No. 1 {West Union Avenue); thence South 83°3' West along the North line of County Road No. 1, a distance of 76.35 feet to the true point of beginning; thence continuing South 83°3' West along the North line of said County Road No. 1, a distance of 354.5 feet; thence South 57°42' West 33.2 feet; thence North 21°45' West through the Headgate and along the middle of the Petersburg Ditch 190.1 feet; thence North 4°50' West along the middle of said Ditch 309.5 feet; thence North 83°03' East 268.31 feet; thence South 24°37' East 503.03 feet, more or less, to point of beginning. ! 2 • --- I . :·; z ~ 0 (Jt o_ ~ SCHEDUL 8 ! of ! p 9 • • • • SCHEDULE B . I 'J• I • • CITY OF ENGLEWOOD, COLO. UTILITIES DEPARTMENT 1·" . :"• UNION AVE. PU P STATION ·· .. I . RESERVOIR PROPERTY , ... 100' Y: -JWB • • • .. • I 7 F RESOLUTION NO.~j , SERIES OF 1983 A RESOLUTION PROVIDING FOR THE NOTICE OF SALE OF SPECIAL ASSESS- MENT BONDS FOR PAVING DISTRICT NO. 29, IN THE PRINCIPAL AMOUNT OF $349,100 . WHEREAS, by Ordinance No . 16, Series of 1983, finally passed and adopted on April 18 , 1983, the City Council has created Paving District No . 29, in the City of Englewood, for the purpose of constructing and installing street paving , curb and gutter and sidewalk improvements , together with necessary incidentals , on certan street within the District; and WHEREAS, the City Council has determined that it is necessary to provide for the issuance of bonds in the amount not exceeding $349 ,100 to pay for part of the cost of said improve- ments, the principal of and interest on · the bonds to be payable from special assessments to be levied against the property within the District and specially benefited by the improvements to be constructed and installed; and WHEREAS, in accordance with the provisions of the City Charter, it is necessary to advertise for the sale of said bonds; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: 1. That notice of sale of bonds of the City for Paving District No. 29, in the principal ount of $349,100, shall be giv n by publication in on issu of th Englewood S ntin 1, new p per publish d and of g n ral circulation in th City, in the dition dat d May lS, 1983. 2. The for of the not ice of sale shall b substan- tially a tollowa: -l - • • -• • • NOTICE OF SALE CITY OF ENGLEWOOD , COLORADO PAVING DISTRICT NO . 29 SPECIAL ASSESS MENT BONOS, $349 ,100 BID OP ENIN G: MONDAY , JUNE 20 , 1983 2 :00 P .M. M.S .D.T . NOTICE IS HEREBY GIVEN That the C i ty of En g l e woo d, Colorado , will receive sealed bids at the offi c e o f t h e Dire c t o r of Fina n ce at the Mun icipal Building , 3 4 00 so . Elati Street, in Engle wood , Colorado , u n til 2 :00 P .M., on Monday, June 20, 1983, for the purchase of Special Assessment Bond s in the prin ci - pal amount of $349 ,100 , of the City of Englewood , Colorado for Paving District No. 29. The bonds will be dated August 1 , 1983, and due August 1, 1994 , subject to prior redemption in direct numerical order on any interest payment date upon thirty (30) day s published notice, upon payment of par and accrued interest. The bonds shall be in the denomination of $1 ,000 each, numbered 1 to 350, inclusive, e x cept for Bond No. 1 which will be in the denomi- nation of $100. The bonds will be registered a s to both principal and interest. The transfer agent for this issue of Bond s wil l be The First National Bank of Englewood, Engle wood, Colorado. ruary 1, Aug us t 1, The interest on the bonds shall be payable on Feb- 1984, and semiannually th reafter on Febr u ar y 1 and ach y ar. Fo r th purpo s e o f c omp rison only, bid s sh a ll b su b i t d on th fo llowing estimat d date s of p ym e nt: Am ou n Es t i at d Pa~ent Oat $12 , 100 1 , 60,000 1 t 4 5 ,000 1 t 35 ,000 1 , 35,000 1 , 25,000 1 , 25,000 1 ' Th p y11 n r b d u n p nc 0 h C1 y ir ccu cy l not d . - 2 • • • • • The bonds will bear interest at a maximum net effective interest rate not exceeding 12% per annum, and will be sold at not less than par and accrued interest to the date of delivery. Different or separate "A" and "B" interest rates may be bid for each estimated payment date, but bids based on split interest rates for any one estimated payment date will not be accepted. Subject to the right of the City to reject any and all bids received, the bonds will be awarded on the bid representing the lowest net cost to the City based upon the estimated dates of payment as set forth above. The bonds are being issued to pay part of the cost of constructing and installing street paving, curb and gutter ar.d sidewalk improvements. The bonds are payable solely from special assessments to be levied against the property within the District specially benefited by the construction and installa t i on of th improvements. In addition, the Charter of the City and the ordinance authorizing the issuance of bonds provide: "Whenever a Public Improvement District has paid and cancelled four-fifth s (4/5) of its bonds outstanding, and for any reason the remaining assessments are not paid in time to take up the final bonds of the district and interest thereon, then the City shall pay said bonds when due and interest due thereon and reimburse itself by coll ct- ing the unpaid assessments due said district". All bids must be uncondition 1 and shall be accompan1ed by a cashier's or certified check in the amount of S 10,000 payable to the C1ty of Englewood. Checks of unsuccessful btdder s will be promptly returned. Th good faith d pos1t wtl l b credited to the purchaser at the time delivery of the bonds is made: if the successful bidder shall fail or neglect to comple e the purchase of th bonds in accordanc with the bid, the moun of the deposit shall b held by the City as liquidated damag s. ny and the m nt of C1ty of Englewood re erves th pr1vileg or irr gular1ty 1n any bid, nd he r1gh for th purchase of 1d bonds. Th ward of the bond w1ll b m d by th ing on June 20 , 1983, t 7:30 P.M., or a counc1l m eting on hat da e. • of waiv1ng o r J c ny City Counc1l n dJourn- • -• • • opinion will recite, in conventional form, that bond counsel has examined the Constitution and Laws of the State of Colorado and the Charter of the City, a certified copy of the record of the proceedings of the City taken preliminary to and in the issuance of the bonds, and bond numbered one of said issue, and that the Bond has been properly executed and is in due legal form. The opinion will state that the bonds are valid and legally binding upon the City and that the obligations incurred by the City in issuing the bonds are subject to applicable laws of bankruptcy and the reasonable exercise of the police power of the State . The last paragraph of the opinion will express an unqualified opinion as to the exemption of interest on the bonds from federal taxation and from taxation by the State of Colorado. The matters passed upon by bond counsel do not extend beyond those mentioned in the preceding paragraph. The opinion will state that bond counsel has not independently investigated or verified the adequacy and accuracy of the information con- tained in the Official Statement, Prospectus, Offering Circular or other similar documents, if any, and therefore assumes no re- sponsibility for the accuracy, completeness or fairness of any statements made in connection with any purchase or sale of any of the bonds. Additional information concerning this issue and the City may be obtained from Mr. Gary R. Higbee, Director of Finance, Municipal Building, 3400 So. Elati Street, Englewood, Colorado 80110, or from Hanifen, Imhoff Inc., 1125 Seventeenth Street, Suite 1700, Denver, Colorado 80202, the financial consultant to the City. The City Council has expressly consented in writing to authorize Hanifen, Imhoff Inc., either alone or with others, to submit a bid for th purchase of this issue of bonds. DATED at Englewood, Colorado, as of the 16th day of May, 1983. (SEAL) /s/ Eugene L . Otis Mayor C1ty of Englewood, Color do ATT ST : I•( Cary R. H qb e Dlrector of F1nanc , C1 y of Englewood , Color do Publish in: Englew o S n in 1 Pu llah on: y l , 1 83 -4 • I • • • • 3. In addition to the publication of the notice of sale, the Director of Finance and the Financial Consultant are authorized to forward a copy 0f the prospectus and notice of sale to those investment banking firms, banks and others who might be interested in bidding on bonds of the City. The prior action of the City Council in designating Hanifen, Imhoff Inc ., as Finan- cial Consult ant to the City, in connection with Paving District No. 29, is hereby ratified and approved; and that the fee paid or to be paid to such firm is fair and reasonable compensation for services in acting as Financial Consultant. 4. That if any one or more sections or parts of this Resolution shall be adjudged unenforceable or invalid, such judgment shall not affect, impair or invalidate the remaining provisions of this Resolution, it being the intention that the various provisions hereof are severable. ADOPTED AND APPROVED This 16th day of May, 1983. ( S E A L ) Mayor ATTEST: oir ctor of Finance ex off1c1o C1ty Clerk-Treasurer I, G ry R. H1gb e, ex off1c1o C1ty Cl rk-Tr asur r of th Cl y o! Englewood, Colorado, h reby cert1fy ha h bove and for o1ng 1a ru , ccur nd comple copy of R solut1on o. _____ , Ser1 a of 1983. G ry R. H1.gbee • I . • - P R 0 C L A M A ~ I 0 N \'IHEREAS , p blic works services provided in our communit:y are an 'ntegra part of our citizens' everyday lives; and W!ER ·AS, the support of an understanding and informed cic1zenry 'svita to the efficient operation of public works systems and programs such as water , sewers, streets and highways, p hlia huild'ngs , solid waste collectio n and snow removal; and vi -!EREAS , the health, safety and comf ort of this conumml ty graat y erends on these facilities and services; und WHEREA S, the quality and effectiveness of these facili- cies, as we l as their planning, design and construction, are v tally dependent pan the efforts and skill of public works off1cia s; and WHEREAS, the efficiency of the qualified and ded 'ca tec ~&rsonne w o staff p bl 'c works depa rtments is mater 'ally -~fluenced by the people's attitude and understanding of t e i~~crca~ce of the work they perfor m. :JOvi, '!'!!u; ~Efo'ORC , -··S -C::>~ood, Co or ado , o :~a3 as , CUGB E L . O~IS, Mayor o · tla ty of ereby proclaim the wee k of May 22 -28, P LIC WO KS WEEK .. "'•'- s all c t th tho cog 'zc very y to this l6t • y of y, 1!103 . I . • • • IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No . 81-M-2117 ROCKY HOUNTAIN ACQUISITIONS, m e . , ) and B.C. I. , INC. , ) Plaintiffs, VS. THE CITY OF ENGLE\vOOD, COLORADO; EUGE~E L. OTIS, Mayor of the City of EnHlcwood, ColornJo; ANDY J·lc.:CLO\~l~, City Hanager of the City of Englewood, Colorado; ROBERT HOL:·1ES, Chief of Police fo r the City of Englewood, Colorado; and JO!II~ DOE I and JOHN DOE li, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ORDER OF DISMISSAL Upon consideration of the Stipulation For Dismissal, ign d by the parties and filed 1ay 3, 1983, and upon the finding and conclusion by that stipul tion the parties have resolv d nd settled the issues j oin d in this case, nd it also opp rinr, th t by p ragraph 7 of th stipulation th parties h v ~re•d •pon proccuurc for the cnfurccm nt of Lhc turm~; of t.:hcir c!.1• :.il.:ed settlem nt. it is now ORDERED, th t his civil action is d with prejudi nd wit out the ward of costs. • -• • • IN THE UNITED ST AT ES DIS TRI CT COURT FOR THE DIS TRI CT OF COLORADO Ci vi l Action No . 81-M-2117 ROCKY HOUNTAIN ACQUISI TION S, Il~C. , ) and B.C. I. , INC. , ) Plaintiffs, vs. THE CITY OF E GLEWOOD, COLORADO; EUGE~E L. OTIS, Mayor of the City of Enp,lc\loocl, Color.ndo; i\I DY i-!cCLO\v!~, City Hann ger of the City of Engl ewoo d, Colorado; RO BERT HOL!1ES, Chief of Po lice for the City of Englewood, Colorado; and JOHN DOE I and JOHN DOE II, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ORDER OF DISMI SSAL f ·' . Ut··ul~O ~ll\~-; V~'-r L..:l,n::r ..... Upon consideration of the Stipu la tion For Dism issal, sign d by the parties and filed May 3, 1983, and upon the finding and conclusion by that stipul tion the parties have resolv d nd sett ed the issue join d in this case, and it also appcnrlng th t by paragraph 7 of the stipula tion the parties have grc d •;>on n procedure for the cn[orccncnt of the tcrnu, of t:hcir o:i•u:dced sett ement, it is now OR!>E D, t this civil ction is di mi d with pr judie nd without th ward of costs. 6, 1983 • • RESO LUTION NO . ~ G SERIES OP 1 983-- • • • A RESOLUTION APPOINT I NG THE LAW F I HM OF KE ENE , MUNSI UER & STUCKEY ASSIST A T CI TY ATTO RNEY. WHERE AS, Se ct ion 64, Article IX, of th e En gl e wood Home Rule Cha r t er states that Council may provide the Ci ty Attorney wi t h such a ssistants as Council may deem necessary; and WH EREAS, Council deems it necessary to appoint Assistant City At tor n ey; NOW, THE REF ORE, tiE 1'1' HESOLVI.':D UY 'l'liE ClT'i COUN CI L fo'OH 'l'I IE ClT ¥ OF EN GL EWOOD, COLORADO: Secti o n l. Tha t t he law firm of Keene, Munsinger & Stuckey is he re b y appointed Ass i stant City Attorney to work at the d i r e ct io n and cont rol of the City Attorney. ADOPTED AND APP RO VED t h is 16th day of May, 198 3 . Eugen e --c:-tJE'is , Ma y o r Attest : 1 , Gary H. Higbee , e x officio City Clerk-Tr asurer of the City of Englewood , Colorado , h reby certif y that the bove and foregoing is a tru , accurate and complet copy or R solution o. , Series of 1983. I . • • • C 0 U N C I l C 0 M M U N I C A T I Q N DATE May 11, 1983 AGENDA ITEM SUBJECT Six-Quarter Budget 8A April 1983 through Sept. 1984 INITIATED BY _______ C~i~t~y~M~a~n~ag~e~r------------------------------------ ACTION PROPOSED _____ C~o~n~s~id~e~r~at~i~o~n~o~f_a~d~o~p~tl~·n~g~a~R~e~so~l~u~t,~·o~n~f~o~r~th~e~s,~·x~-~Qu~a~r~te~r~ Budget-April, 1983 through September, 1984 BACKGROUND The Public Improvement Fund (PIF) Six-Quarter Budget process was adopted in the summer of 1983. The essence of the Six-Quarter Budget i s that the City has a continuing budget which extends one and one -half years into the futu r e . Every quarter the City Council reviews and analyzes thi s budget, and if pro j ects are delayed due to unavoidable circumstances, they are dropped back in th is budget, while projects ready to go are moved forward . The most cur rent reven ue f orecasts are used and, if add i t i onal funds become ava i labl e , s pec i f ic pro j ect s co uld be moved forward and completed ahead of schedule or a new or emerge ncy pr oj e ct could be added . 198 3 CHANGES Li tt l e Dry Creek pro j ect to im pro ve t he channe l t o carry t he 100 ye ars storm was redu ced by $1,84 5,614 f rom $100 ,000 to ($1,7 45 ,61 4) in th second qu arter of 198 3. The se funds will be transferred to t he Detention Pond Project to better account for the project costs. For your information, the following list identifies the total fund available in 1983 and the expenditures to date : Total Funds Available for 1983 -$3,6 42,000 Expe nd i t ures ab) To Ur ba n Dr a in age for Littl Dry Cr ek Phase I ) To Urban Re new al Authority for W arner property c) To Urb an R n al Authority for Sales property (Logan Gas Station) d) To Design orkshop for balanc of Broa dw ay Guid li s ) To Urban R n 1 Authority for futur right-of-w y costs f) To stern States Surv ying for Downt Surveying • $ 2,078 260,000 275 ,000 1,831 300,000 21 , 0 • ....... ( • • • .. g) For Detention Pond Construction & Inspection $1,845,614 TOTAL EXPENDITURES $2,706,383 Balance in 1983 Little Dry Creek $935,617 Little Dry Creek Detention Pond at the Englewood High School is a new project for constructing the storm detention pond. The costs total $1,845,614., being $1,748,614 for construction and $97,000 for consultant inspection fees . $1,845,614 will be transferred from Little Dry Creek. 1984 CHANGES All anticipated revenues in the 5 year Public Improvement Fund 1983 Budget were allocated in the first and second quarters of 1984, therefore, the third quarter shows zero funding. RECOMMENDATIONS The Resolution which adjusts the PIF as described above is attached for your consideration. • I . - RESOLUTION NO. SERIES OF 1983 • • • 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 Im- provement Fund; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Englewood, Colorado, as follows: Section 1. The following appropriations of funds are hereby made In the Public Improvement Fund: Application of Funds: Little Dry Creek-Detention Pond Little Dry Creek $1,845,614 (1,845,614) Total 0 Section 2. The City Manager and Director of Finance are hereby authorized to make the above changes to the 1983 budget of the City ( of Englewood. ADOPTED AND APPROVED this day of --------------------' 1983. Eugene L. Otis , Mayor ATTEST: ex officio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the Ci y of nglewood, Color do, do hereby cer lfy that th above and foregoing 1a • rue, accurate and complete copy of Re olu ion No. ______ , Seriea of 1983. • • • • • Slit QIJU.TBR IIUDCft APJUL, 1983 'l'IIROUGB SDTDU!Iat , 1984 EST, UP. PROJ. 2Im 3RD 4'1'11 TOTAL 1ST 2ND JRD PROJ. APPJtO, SAL. SAL. Ql'lt. Ql'lt. Ql'lt. 1983 Ql'lt. QTR. QTR • ~ .!!.!.±. ~ 12/31/82 .!.!!.! .!.!!.! .!.!!.! ~ ~ ~ ~ '· Stora Drain.aqe General 415,000 .,4,4 21 407,889 6,532 0 $ 0 0 0 $ 0 0 0 2. Little Dry Creek 4,500 ,000 4,159,477 1,053,959 ),105,5 18 (1,745,6 14 ) 71 4,864 44 7,902 (582, 8 48 ) 750 ,000 250 ,000 0 3. Dovntovn Drainage ' Traffic laprove.enu 180,000 150,000 4,503 145,497 0 0 0 0 0 0 0 .. t Plan 100,000 48 ,867 48,703 164 0 0 0 0 0 0 0 5 . Traffic Iaprove .. nu 85,000 135,000 1,816 133,184 50,000 0 0 50,000 0 0 0 Little Dry creek l!ngrg. 7 40,000 739,700 739,700 0 0 0 0 0 0 0 0 7. Paving Diatrict Mo. 29 200,000 200,000 0 200,000 200,000 0 0 200,000 0 0 0 e. -d and 8ridqe 285,000 297,590 0 297,590 0 281,034 0 281,034 0 285,000 0 9. llellaviev Pu.p IJouaa 85,000 85,000 81,373 3,627 0 0 0 0 0 0 0 10. IUver O.velo~nt Phaea II 721,300 395,850 357.3 5 38,455 0 0 0 0 0 0 0 11 . 1ti ver De¥ lop.en """•• III 1,100,000 1,090,986 1,058,743 32,243 0 0 0 0 0 0 0 12. lidewa lk Repair )0, 000 30,000 0 30,000 0 )0,000 0 30,000 0 0 0 1), Pio tol RAnge 32,000 )0,000 4 29,99 0 0 0 0 0 0 0 ... nior Canter Parking LOt 1 2 48,000 48,000 u . 5 5,015 0 0 0 0 0 0 0 15. Mi-l Control Shelter )3, 000 33,000 )0, 240 2, 760 0 0 0 0 0 0 0 16. 2,000 2,000 0 2,000 0 0 0 0 0 0 0 17. 200,000 200,000 0 200,000 200,000 0 0 200,000 0 0 0 18. 100,000 75,000 58,603 16,397 0 0 0 0 0 0 0 19. 60,000 S1 ,000 4 ,721 1,272 0 0 0 0 0 0 0 20. 60,000 60,000 0 60,000 0 0 0 0 0 0 0 21. 120,000 115,000 ,675 28,32 0 0 0 0 0 0 0 22. • 1t,ooo 1t,OOO 1t,OOO 0 0 0 0 0 0 0 0 2). 605,000 535,000 5 .ooo 0 0 0 0 0 0 0 0 24. 3,000 2, 00 2,500 0 0 0 0 0 0 0 0 2 • 3,500 3,400 0 ),400 0 0 0 0 0 0 0 2 • 7,000 6,000 0 6,000 0 0 0 0 0 0 0 21. 1,84 6,000 0 0 0 1,14 5,61 4 0 0 ,, .. ,61 4 0 0 0 --------------------------------------------------------------------- 111,571,100 • l,t2 • "' ... 571,116 ... "·" • 550,000 fi,02S,"I 447,t02 u.on.eoo , 0,000 1535,000 0 -- • • • - r .. C 0 U N C I L C 0 M M U N I C A T I 0 N DATE AGENDA ITE M SUBJECT Ma 10 19 83 go Co n tra ct wi th D INITIATED BY Director of Community Developm en t ACT I ON PRO POSED That the Contract with Design Worksho p I I n c I be approy ed BACKGROUND: Design Workshop, Inc. prepared the Master Plan for the redevelopment of Downtown Englewood. This document, the Englewood Downtown Development Plan, was completed in February, 1982, and served as the basis for the preparation of the Englewood Downtown Redevelopment Plan (Urban Renewal Plan). Since t h e incep tion of the Downtown Redevelopment Project, Design Workshop, Inc. has been an integral part of the development process. In addition to the creation of the Master Plan, Design Workshop, Inc. has been contractually retained by the city to prov ide consulting services in the design of th Little Dry Creek improve- ments in relation to the Plan and the provision of technical assistance to the Down town Management Commit tee. Although the funds appropriated by Council for the original Design Workshop, Inc. contract have been exhausted, the continued services of this firm ar d emed necessary in the implementation of the Plan. An eXpanded range of services provided under the proposed new contract would include: identification of activities required to implement the Plan; assistance in the dev lopment of work program and schedul a; assurance of d sign compatibility throughout the proj t area; continu d participa- tion in Manag ent Committ m etinga; and performance of oth r talks related to Plan implementation. Funds are available for th colt of the contract ($25,000) in the Public Improv nt Fund. RECOMMENDATIO It 11 recomm Inc. nd the to th iapl of $25,000. ded that the City Council approve th contract b tw n D sign Workshop, City of Engl wood for the provi1ion of conaultin 1 rvices in relation ntation of th Engl wood Downtown R developm nt Plan at a total colt • I • - . · • • • AGREEMENT THIS AGREEMENT, made and entered into this _____ day of ---------· 1983 by and between the CITY OF ENGLEWOOD , COLORADO , a Municipal Corporation, 3400 South Elati Street, Englewood, Colorado ("City"), and DESIGN WORKSHOP, INC., 710 East Durant Street, Aspen, Colorado. WHEREAS, the City has adopted the Englewood Downtown Re- development Plan (Urban Renewal Plan); and WHEREAS, said Redevelopment Plan is based on a master plan for redevelopment prepared by Design Workshop; and WHEREAS, the City has authorized a Management Committee to coordinate and implement said Redevelopment Plan ; and WHEREAS , such Committee is comprised of representat i ves from the Englewood Downtown Development Authority , the Englewood Urban Renewal Authority, the City of Englewood, and Brady Enter- prises ; and WHEREAS, the services of Design Workshop, Inc. are deemed essential to work with the Man agement Committee in coordinating the Downtown Redevelopment Plan ; and WHEREAS, Design Workshop's e xtens ive preparatory work re- lat d to th planning process for downtown Englewood has enabl d it to d velop a t chnical xpertia valuable to a nciea r apon- aible for implem ntation of the Plan . NOW, THEREFORE, in con id r tion of th mutu 1 premia and coven nts h r in, th p rti gre s follows : 1. 0 sign Workshop will p rticip r qu c.J by th Community Dev lopm nt D partm nt in all m tin 1 of th Hanas - m nt Co itt • n as d in the ov rall coordina ion o th En 1 - wood Down to n nt Proj ct. • I • -• • • -2- 2. Design Workshop will participate in any other meetings pertinent to the implementation of the Plan or regarding related activities as requested by the Community Development Department. 3. Design Workshop will provide technical advisory ser- vices in relation to the Plan as requested by the Community De- velopment Department including, but not necessarily limited to, the following areas: th a. Identification of activities required to implement the Plan. b. Assistance in the development of work programs and schedules . c. Assistance in the determination of the appropriate assignment of responsibilities . d. Performance of a communication function among the various actors in the redevelopment process. e. Assuring that the basic tenets of the Redevelop- ment Plan are adhered to in the process of imple- mentation. f. Assistance in the eatablishm nt of design compatibility throughout the various elements of the Redevelopm nt Ar a . 4 . Deaign Workshop will be comp nsated in accordance with following hourly rat . : Principal $65/hour Deai ner 1 $50/hour Duign r 2 $40/hour D 11 n r 3 $35/hour D 11 n r 4 $27/hour • . • Production Clerical -3- • • • $23/hour $15/hour 5. Design Workshop will be compensated for transportation, lodging, long-distance phone calls, etc., connected with its services under this contract subject to the approval of the Community Development Department. 6. Compensation under this contract shall not exceed $25,000. 7 . Billing shall be submitted on a monthly basis, and Design Workshop shall maintain detailed reports of all services and expenses, to be submitted with each bill. 8. The parties recognize that certain tasks required of Design Workshop under this contract have already been started and partially or fully completed prior to the execution of this Agreement . De sign Workshop shall submit billings for such ac- tivities in accordance with the terms of this Agreement and shall be compensated according to these terms , and any amounts so reim- bursed shall be included in the total contract award of $25 ,000 . 9 . Either party may cancel th i s contract upon thirty days ' wr it t en notic e . Upon c ancella t i on , amo unt s b i lled and due shall be paid but no furth r portions of the budg ted moun t b yond that ahall be du . 10. Thia Agre m nt ia aubj ct to th lawa of th St te of Colorado . Thia Agr e m nt ahall not b modifi d or revok d ex- cept by aimila r inat rum n t i n wr iting eigned b y the or iginal partiel. Thi1 Agre m nt inur 1 to th b n fit of th p rti a h reto, their hire, 1ucce110rl and a11i n1, though th contract y no b a11ign d without th prior wri n approval of th City . • I • •' • • • -4- IN WITNESS WHEREOF, the parties hereto have executed this contract the day and year first above written. Attest : Attest : CITY OF ENGLEWOOD, COLORADO A Municipal Corporation By ________________________ __ DESIGN WORKSHOP, INC . By __________________________ _ • I . • - P R 0 C L A M A T l 0 N WHEREAS , THOMAS V. HOLLAND has se r ved the City of Englewood as Assistant City Atto r ney f r om March 10, 1981 to May 16 ', i98J, and WHEREAS , THOMAS V. HOLLAND has exhibited , during hi tenure, outstanding skill in dealing with a number of omplex 1 c 1\ n1 I ~ s u l' li l II .1 L cl I r e <.: t i y u f f l' '-L t II l' o p c r a L I o II H u I l \tl" ..:ommunity, and \-IHERE AS, THOMAS V. HOLLAND has represented the City of Englewood and its citizens with great ability, effiLien<.:y and devotion, and WHr:tn:As, THOM AS v. HOLLA D hall ac<.:epted the position of City Atcorney for tlte City of Westminster, BE IT HEREBY RESOLVED that the City Coun<.:ll of Englewood on behalf of its resident!! commends and thanks THOMAS V. HOLLA D for hill servi<.:e to this ~.:ocnmu11ity Jnd wish him Wl!ll in his future <.:areer . GlVEN under my hand and 8 1 this 13th d y of M y, I 9 8 3. • • - City of Englewood May 11, 1983 Hr. Rick DeWitt City Attorney City of Englewood Englewood, Colorado 80110 DC'nr 1\1 de • • • 3400 S Elatr Street Englewood , Colorado 60110 Phone (303) 761·1140 The City Council wishes to express its deepest appredation for your outstanding efforts on behalf of the residents of Englewood during your tenure as City Attorney. Since you were appointed in January, 1981, your ability, knowledge of the law nd skill in legal strategy have resulted in some major victories that have benefited the entire community. The successful resolution of our difficulties with adult entertainment centers in Englewo od can be attributed to the time, thought and tennclty you and your ~Laf( hnve d voted to this l ·H ue and to your wisdom and foresight . You have h lped this Council solve problem that few cities in the nation have been able to deal with effectively. We co n ider this remarkabl achtevem nt . At the a m tim , you have exhibit d this sa~ skill nd xpe r tts ln other legal tters that face the City . We feel th r eeidents of Englewood a r fortun t to be r epr sent d by such an d pt leg 1 coun 1. W c.:omm•nd you, nd we .tC<! r.tll'ful for your dvl c nd for your ervlce to our convnunlty . Sin~:.o:re ly, ~--------------------- • -• • - RESOLUTION NO . I SERIES OF 1983 A RESOLUTION PROVIDING FOR THE NOTICE OF SALE OF USE TA X REFUNDING REVENUE BONDS OF THE CITY OF ENGLEWOOD, COLORADO , IN TilE PRINCIPAL IIMOUN 'r OP $2 ,320 ,000 liND PROVIDING I'OH '1'111.:: l'UI.lLJCI\-TION OF THE NOT ICE. WHEREAS , the City of Englewood , Co lorado, has by Ord i- nance No . 59 , Series of 1981 , passed and adopted on August 3 , 1981 , authorized the issuance of its Use Tax Revenue Bonds , Serie s 1981A in the principal amount of $4 6 5 ,000, dated September 1, 1981, and Use Tax Revenue Bonds , Series 19818 in the principal amount of $1 ,750 ,00 , dated September 1, 1901 (collccLively, Lit<' "Outstandi ng Bonds "); and WHEREAS, the Outstanding Bonds ar e payable from the use taxes imposed and collected by the City , and constitute a first and prior lien on such pledged revenues; and WHEREAS , there are presently outst nding $450 ,000 of the Series 1981A Bonds and $1,685,000 of the Series 1981B Bonds; and ing wll WHEREAS , the City Council has determined that by refund- the outstanding Senes 1981A and Seri s res lt a s bstantial reduction of th "nt re t p y ble on such obl1g t1ons; nd 19810 Oondii , there total pnnc1p l and ~HEREAS , S ction 106 of th Clty Ch rt r prov"d s th t th City Council may uthorize the issuance of refunding bonds by ord1n nc , w1thout n c1ectlon , tor t:h putpose of p y1ny out- t ndug b nds of the City; nd 11 b HE EAS, p 'I bl (. 0, COLO the refund1ng bonds nd th un pl 1nt rest th r on, d t rl! or , u fro• h p c 1 l us tax port on o the C1 Yl nd or th on fo 1 'f'a' I.:OU ClL c on 0 • - ( • • • 1. That notice of sale of the bonds in the total principal amount of $2,320,000, shall be given by publication in one issue of the Englewood Sentinel, a newspaper published and of general circulation in the City , in the edition dated May 18 , 1 983. 2. The form of the notice of sale shall be substan- tially as follows: - 2 - • • • • NOTICE OF SALE CITY OF ENGLEWOOD , COLORADO USE TAX REFUNDING REVENUE BONDS, SERIES 1903 $2,320,000 BID OPENING: TUESDAY , MAY 31, 1983, 2 :00 P .M. NOTICE IS HEREBY GIVEN That the City of Englewood , Colo~ado , will ~eceive sealed bids at the office of the Directo~ of Finance at the Municipal Building, 3400 So. Elati St~eet , in Englewood , Colorado , until 2:00P.M., on Tuesday, May 31 , 1983, Eo~ the pu~chase of Use Tax Refunding Revenue Bond s , Se~ies 1983, in the p~incipal amount of $2,320,000. The bonds will be negotiable, coupon bonds, will be dated June 1 , 1983 and be in the denomination of $5,000 each, numbe~ed 1 to 464, inclusive . It is anticipated that delive~y of this issue of bonds will be evidenced by a single, tempo~a~y bond in the p~incipal amount and denomination of $2,320,000, to be exchanged at a late~ date for p~inted bonds in the denomination or $5 ,000 each , when definitive bonds a~e p~inted and a~e available . The bonds will bea~ inte~est at a maximum net effective inte~e~t ~ate not exceeding 10\ pe~ annum , evidenced by one set of inte~est coupons only , payable on November 1, 1983 and semi-nnuully the~eafte~ on May 1 und November 1 euch yec:~r , und mututl.! .;\.!~l.:Jlly on ovembe~ 1 as Eo lows: Amount $ 45,000 75,000 100,000 150 ,000 200,000 225,000 275,000 350,000 400,000 soo ,ooo • Maturitz: 1984 1985 1986 1987 1988 1989 1990 1991 1992 1993 *The amount m turlng n th ye r 19 J 1s subJ ct to change, nd will be det rmin d ft r the bid open1ng . -l - • I • • • • The principal of and interest on the bonds shall be payable at The Fir-st National Bank of Englewood, in Englewood, Color-ado. The bonds will be awarded on the basis of the bid r-esulting in the lowest net inter-est cost for-the bonds . The lowest net interest cost is defined as the total amount of inter-- est to accrue from the date of issue to the date of maturity, without regard to the prior redemption provisions , less the amount of cash pr-emium bid, if any. Bidder-s are r-equested to set for-th the net inter-est cost and the net effective inter-est r-ate in th eir- bid. No bid for less than the par-amount will be accept ed . Interest rates should be stated in multiples of twentieth s or- eighths "of one per cent . The maximum allowable spr-ead between the highest and lowest interest rates bid is 2 .0%. The maximum number- of separ-ate interest rates allowed shall be five, although the same interest rate may be r-epeated. No mor-e than one int er-est r-ate should be bid for-each matur-ity. The bid for the purchase of the bonds must be without condition or reser-vation and must be accompanied by a cer-tified or cashier-s check on a bank or trust company payable to the City of Englewood in the amount of $50,000. Checks of unsuccessful bidders will be r-eturned promptly after bid opening. The check of the successful bidder will be r-etained, without interest , and applied on bond purchase if the purchase is completed, other-wise as l1q idated damages . The bonds will be issued for the pur-pose of r-efunding v d nd o ~t nding use tax revenue bonds of the City . Tte pnnctp l of nd interest on the bonds wlll be payable from th spec a: fund p edged for the payment of princ pal and interest , to contaln the s tax portion of the sales and us tax imposed by ~ C1:y of Eng ewood . The bonds sh 11 constitute 1r st nd pr or n on the special fund, although not necessarily an xc ~• v f1r l1en. A more detailed summary of the bond rep y- m·n prov sions pp rs tn Lh• Prosv clus . 'l'hu bonds do noL an l~debtedn ss of the Ctty within the me ntng of ny cons 1 t on , st t tory or ch rt r ltmit tton or provision, nd s a 1 not b cons d red or held to be a g ner 1 obltg tion of th c ty . T d r of th bonds may not look to ny g ner 1 or oth r nd t Ci y or th p ym nt ot th prtncip l o or bonda . • I . -• • • The City will furnish the executed bonds, a certifi ed transcript of legal proceedings and the approving legal opinion . The legality of the bonds will be approved by Messrs. Lamm Edstrom & Braymer, P.C., Attorneys at Law, Denver, Colorado, whose legal opinion will be printed on each bon d . Bond cou n sel 's appr ov i ng opinion will recite, in conv e n tional form , thut bond counsel has examined the Constitution and Laws of the State of Colorado and the Charter of the City, a certifi ed copy of the record of the proceedings of the City taken preliminary to and in the issuance of the bonds, and bond numbered one of s aid issue, and that the Bond has been properly execut ed and is in due lelJul form. The opinion will state that the bond s are valid and lega lly binding upon the City, payable solely from the special fund described above, and that the obligations incurr e d by the City in issuing the bonds are subject to applicable laws of bankruptcy and the reasonable exercise of the police power of the State. The last paragraph of the opinion will express an unqualified opinion as to the e x emption of in terest on the bonds from federul ta x ation and from ta xation by the State of Colorado. The matters passed upon by bond counsel do not extend beyond those mentioned in the precedi ng paragraph. The opinion will state that bond counsel has not independently investigated or verified the adequacy and accuracy of the informatio n con- tained in the Official Statement , Prospectus, Offering Circulur or other s1milar documents, if any, and therefore assumes no re- sponsibility for the accuracy , completeness or fairness of uny statements made in connection with any purchase or sale of any of the bonds. Additional tnformation concernLng thls issue and the City may be obtained from Mr. Gary R. Higbee , Director of Ptnance , Municipal Building , 3400 So. Elati Str t, Englewood , Colorado 80110, or from Hanifen , Imhoff Inc., 1125 Seventeenth Stre t, Suite 1700 , Denver, Color do 80202 , th fin nci 1 consult nt to the Clty . Th City Council has e x pressly cons n d in wtittng to authorize Hanifen, Imhoff Inc., either alon or wlth others , o submit bid or the purch se of this issue of bonds . OAT D May, 1983. t Engl wood, Color do, ( 5 A L ATTeST: h n : h o n: /a/ City o ngl wood S ntin 1 Hey 1 , 1 3 -5 - a o th 16th d y 0 do • • • • . - '.! 3 ·1 In addition to the publication of the notice of sale, the Director of Finance and the Financial "con s ultant a r e authorized to forward a copy of the Prospectus and notice of s al e to those investment banking firms, banks and other s who mig ht be interested in bidding on bonds of the City . The prior action o f the City Council in designating Hanifen, Imhoff Inc., as Finan- cial Consultant to the City , is hereby ratified und approv e d; and that the fee paid or to be paid to such firm is fair and reasonable compensation for serv ices in acting as Financial Consultant. Hanifen, Imhoff Inc ., may , either alone or with others, submit a bid for the purchase of the bonds , and in s u c h even t , the fee paid or to be paid for financiul udvisory se rvi ces shall not be deemed a discount for purposes of the par sale requicment. 4. That if any one or more sections or parts of this Re s olution shall be adjudged unenforceable or invalid, suc h jud g me n t sh all not affect, impair or invalidate the r emain1ng provisions of this Re so l u tion, it being the int e n t ion thut the various p r ov ision s hereof are severable. ADOPTED AND APPROVED This 16th d a y of Ma y, 19 83 . E A L ATTE ST : Directo r of Finan ce ex off~clo Clty c e r k-Tr aeur r , C ry City of Eng e .or 901nq • _sn Mayor • I •