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Home My WebLink About1982-02-16 (Regular) Meeting Agenda• • - CITY COUNCIL MEETI G Febru~r 16, 1982 RESOLUTION I ;t.y(rz ,13 ,14 ,15 ORDINANCE I/. , 9, lO .xf'.~, 13 • 0 0 I . 7:30 P.M. l. • • • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL FEBRUAI{Y 16 , 1982 , .... L_ ~~ J'LV'~L Call to order, invocation i y Reverend Dwight Stensgaard, Grace Lutheran Church, 4750 South Clarkson Stree t, pledge of allegiance by Boy Scout Troops #115 and #154 , and roll call. ..J)_ il-< ..._<.._ Minutes. (a) Minutes of the regular meeting of February l, 1982 . (Copies enclosed.) 2. Pre-Scheduled Visi t or s . (Please limit your pres e n ta- tion to 10 minut es .) [..... .JiU ) ' ~ ~ \_a) Mr . Frank di Piazza , representing the Englewood .._ l'-4 J 4 ~ ,__ v' ' Pizazz, will be present to discuss the magazine . _,o'-C I f.. • t ' r I ~ ~ :tJ. ' .-(L !Ac -Jtu.J (JO. 3'-£ )<_ .t. ~ 'l. [L (J L ~ lH 1-I< ~/• 3. Other Vi sitors. (Please limit our p~esen t at i on~ · to 5 minutes.). L ~""~·. Alo r; --._·~ a-' -u '>?J:d o "'' ....._ ~~ 0-. tkJ ~--· cl!tv c ,e((;,n, /._ 1,, n~ ~-17t..£1. )Jl"l ''!! 1~ 4. Pub lic Hear i n g. ~· 5 . Communication s -No Action Recommended . (a) Minutes of the Englewo od Housin g Authoritl meetings of August 12 and December 16, 198 . (Copies enclosed.) (b) Minutes of the Urban Renewal Authority meetings of January 13 and 2 7, 1982 . (C o p ie s enclosed.) (c) Minutes of the Planning and Zoning Commis s ion meting of January 19, 1982. (Copies nclosed .) • • { • • • Pag e 2 Fe b ruary 16 , 1 982 Agenda 5. Communications-No Action Recommended (Continued). (d) Minutes of the Englewood Public Library Board meeting of February 2, 1982. (Copies enclosed.) (e) Minutes of the Liquor License Authority Public Hearing of February 3, 1982 and the Findings of Fact, Conclusion and Order of Suspension relating to that meeting. (Copies enclosed.) (f) (g) Memorandum from the Director of Community Develop- ment to the City Manager concerning an out-of-state trip report for two Code Enforcement Officers . (Copies enclosed.) Municipal Court Activity Report for the month of December, 1982 . (Copies enclosed.) 6. Communications -Action Recommended . 7. (a) Council Communication from the Library Board concerning Library Service to Denver . (Copies enclosed.) Council Communication from the Planning and Zoning Commission concerning the S i gn Code . (Copies enclosed .) Recommendat i on f rom t he Parks and Re creation Commission concern i n g site loca t ion, desi gn and construction o f proposed Commun ity Cen t er. (Co p i e s to be transmit ted .) City At t orney. Ord inanc es on Fi n al Read i ng. (a) Ord ina nce e xempting limited garage sales from the sales and use tax ordinance of th City of Englewood, Colorado, by adding Section 38 to Article 4, Title XIII, of the Englewood Municipal Code of 1969, as amended. (Copies enclosed.) (b) Or d ina nce a dd i n g Section 11-6-27 to th Engle- wood Munic i pal Co d e of 1969 prohibiting urinating in public. (Copies nclosed.) (c) Ordinanc amending Title XI of th Municipal Cod of 1969 to includ 13 to Chapter 2, r lating to nud unlawful 1 wd acta, and declarin (Copiea enclosed.) • Englewood a new 5 ction dancin and an rg ncy. • • • • • Page 3 February 16, 182 7. Ci (d) r (e) .:If (I (f) -i /'l ... Attorney (Continued). Ordinance amending an agreement between the City of Englewood and the Englewood Housing Authority for administration of the Home Rehabilitation Program. (Copies enclosed.) Ordinance approving an agreement creating a multi-jurisdictional fire arms school. (Copies enclosed.) ~'· 1 ~A.. _;.,2 I Ordinance approving a Mutual Aid Agreement for police services . (Copies enclosed.) ::., . --' J L ~ -' Bills for Ordinances. (g) t 13 ~1 ~ Bill approving an agreement between the Denver Regional Council of Governments and the City of Englewood for the provision of centralized services for entry level recruitment and testing of law enforcement officer applicants. (Copies enclosed.) !l..~v ~'"\.~~-;) (i) Bill defining food as an exempt item under the sales tax provision of the 1969 Englewood Munici- pal Code as amended. (Bill and Council Communica-tion enclosed.) Bill approving an agreement with School District No. 1, Arapahoe County, Colorado, granting the City of Englewood, Colorado, an easement to use the school property for a storm water detention area and establishing other related terms and conditions . (Copies enclosed.) Bill approving the transfer of real property to the EMKay Development in return for real property in order to simplify the property line between two parties' ownership. (Copies enclosed .) Bill granting $124,315 to Englewood Housing Authority to acquire and develop assisted Public Housinf from grant funds received by the City of Eng ewood . (Bill and Council Communication enclosed.) Resolution. (l) Re1olution amending R 1olution No . 48, Seri 1 of 1981, e•tabliahing a Committee cone rning th II Englewood Municipal Court by amending title to '( J r ad ''Court Advbory Committee" and making other ~ amendment• thereto. (Copie• encloa d.) • • • • • • • Page 4 Febru a ry 16, 82 7. Ci y At torney (Continued). (m) Resolution authorizing purchase of real pro- perty -Hall Sand and Gravel Inc. (Copies enclosed .) Other Matters. '(;J (n) ocdf Memorandum from the City Attorney to Members of City Council concerning a utility and storm drainage easement. enclosed.) Mayor and grant of (Copies (' l11i: ct. : ~ 8. 9. 10. (o) Notice of Appeal -Vern Mann vs. City of Engle- wood. (Copies enclosed.) ( fJ}-tU C ?1a.. r-/ Cl d ~ ..:f..t -...-~'"1l -a Q.~ .,__J{l Ut.J -~ 1. "">'LU. ~.:r ->ldt £ 4-,......., ~ ,1-c_ f),_ t 'JL. a 'Y>L-rl4 ..U:. c. CZLt- City Manager.-,~ ~.t t-k.lt:;, o _-p-.-,ut-c o u ..t.L ,~.__ -P 0 # z ~ ''·/' /! c ~a ~ ~ 6 r>'-Ct'l t ., ( (a) Council Communication from the Directors of Public Works, Finance and Parks and Recreation concerning a large mowing tractor bid . (Copies enclosed .) k.~-c.y (b) Manager's Choice.-{!.n7t 'Ynu n.u4 nv .,1) ~ U. f' '-.;....;: t:< ~w 7lLt t"f:a :n¥t y-ci.. rf:? u *-.L General Discussion . -Xe~c ~ C!l~ J~ t' "' ~: t.U uo~.., '¥"_..N.LtJt ~<t.--1 -'f'Ul (a) Mayor's Choice . -~ -rn.o An 1 ri-A G.-~ c. li ' (b) Council Member's Ch ~ -u;•, ~' '? 1"1-Y) ~-;.. ,.~ ( :J- Adjournmen t. ,/. 7 y .{· t I l ~.I j ._, JJ.?1Jy~ Ci~ Hanaser AM/sb 1l 1 '--" J • • • • - • • ' 0 . (A<: u ,. &..) ROLL CALL /) I . Moved Secon de d Ayes Na y Ab sen t Abstain Higday Neal Fitzoatrick Weist Bi lo Bradshaw Otis l 1~ to ._In v & rzo · ~L-"-6._r l.U ~~ 1 .---st~A lA <'JL\-FL. ~,~ '"3->J rt ru i di 1/0 ~ cB IS'/- '· r t(J_ ;, i v. •• ;·/~ UO J ~L I 'i t ~ 7h C(u~l ( • (~ 1\..__ ?( J J l J ' , A~ L • • • • • - • • ROLL CALL Moved Seconded Ayes Nay Ab sen l Ab s t a i n Hrgday ~ Neal I./ Fitzpatrick £--- Weist J..--Bi lo _!--- Bradshaw v- Otis v -;)f r . ~r{ • • • • • • • ROLL CALL Moved Seconded Ay es Nay Ab senL Ab~L .J in Higday Neal - Fi tzoat rick -Weist i/ Bi lo -~ Bradshaw Otis • • • • - • • ( ROLL CALL Moved Seconded Ayes Nay Absent Ab s la · 1 n Higday Neal Fitzpatrick We i st Bi lo -Bradshaw -Otis ./c.: L rn tJ-J (/ ( . ..y~ ()._ .L-1/..{_ L. rr -<-v ~It-'--!......--lZ c.r /}.~ (r"!<....l G ~ '-{ t.. ~ t I~< r ~ <- J -) t . ,) v rJ ,• lt_-,t /t; 1.. I .__,.,. J ~ c I • • • • • • - • • ROLL CALL Moved Seconded Ay es Nay Ab sent Ab~tain .L/ Higd ay Neal -I.--' Fltzoatrick We i st Bi lo - Bradshaw Otis j-C<y~ l 7' LL J _..... ' t\. b--/1 ·~ "' L ~----A/1. .._ t2 ) t J.- t b ;6 L /J • • • - • • ROLL CALL Moved Seconded Ay e s Nay Ab sent Abstain Hagday Neal Fi t~atrick -We i s t -Bi lo - Bradshaw -Otis - -----it~u t . »~--{;____ ;ji.LA-( ~ a /1_., tL ./ t(_ .L ~ ~t ..... (,L 4") I ~l t E ~ H....l v ~L; t1. t • • • • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain HIB<lay ~ Neal -- Fltz..Q_atrick Wei s t -.._..... Bi lo --Bradshaw -- Otis • • • • • • • ROLL CALL Moved Seconded Ayes Nay Ab senl Ab s lai n H1gd a y Neal Fl t~atrick We i st Bi lo Bradshaw - Otis ., (c )Lt /-ia 7:~ j fo·u ) z./. I Ll /., )"\ .J.;.__ -t.A.,/ ( "-'-. I ( t{ " Jlt<l t'i'?lvll t~l 't I & ->'-(<(/(, I ( ' ) )/ l ty , f• cit' 1-' Jl /}f I ,..., v,,~ I I (1 -J (.I ) ) C.t~ <( H" ( -. ) Cl (; (/;,IJ \.....-t,.t(f ( (t ; /)I /( /,_ .!/I., ')( _,/ < I ( ·'1 ~ v • • c<- ,, I > ( J ' ,I ,r' ' ) _,I t.' i /" • • • - • • ROLL CALL Ab s t.:Jin Moved Seconded Ayes Nay Ab se nt v Hi_gda y Neal Fi t~atrick Wei st -v Bi lo --Bradshaw Otis l .If ,:'1--.J ,{ u_) .) ., t:.i. • t') I ) 7 /{' ) .../ '-l L< t t /o.. ',., ) j.f v ' r ----l' /t!.. 'j I L )' !1. )l.J 1 (J v J • • • • • - • • ROLL CALL Moved Seconded Ayes Nay Ab senl Ab s l a i n H1gday Neal Fitzpatrick -Wei st Bi lo - Bradshaw ---Otis • • • • • • • • ROLL CALL Moved Seconded Ay es Na y Ab s ent H1gday Neal Fitzoatrick Weist Bi lo Bradshaw Otis ../ 7 fi !toAd ¥~ 3333 $. /J I)c ~ j__ • Ab s l a i n - • • - • • ROLL CALL Moved Seconded Ay es Nay Ab senl Ab s lain --H i9cfciY -Neal --· Fitzoatrick -We i st -Bi lo -Bradshaw Otis - 7 ,/)'17 • • • • • - • • I 1 ROLL CALL 'I I r Moved Seconded Ay es Nay Absent AbsLain Hiqday Neal Fitzpatrick We i st -Bi lo Bradshaw - Otis • • • • - • • ROLL CALL Moved Seconded Ay es Nay Ab sent Abst.:~in v Hiqday NeaT -Fitzpatrick Weist Bi lo Bradshaw Otis J ~ () P!D ? - ./ - ~ '/ 1 ) < ... l, :t,-;-;: ,~ ,, I _I y /}. \ . ,..- ./ "' I , I. , ~ ,..c.-/' ...,.... 1 ., J .., , • • • • - • • ROLL CALL Moved Seconded Ay es Nay Ab sent Abstain Hagday Neal -- Fitzpatrick - We i s t -- Bi lo - Bradshaw - Otis • • • • • • ROLL CALL Move d Seconded Ay es Nay Ab scnl Ab ~ L.l in H1g<1 a y Neal .__.. Fitzpatrick We i st Bi lo -Bradshaw Otis $c..___ 53 a r -- f ) _/ ~ c~-v-L c...._ L £ 1 "'--' /).<....J ;, • • • • - • - ROLL CALL Moved Seconded Ay es Nay At..se nl Ab s t a i n H1q11ay --Neal Fitzpatrick Wei st Bi lo -·-·--Bradshaw - Otis - • • • • • • • - • • ROLL CALL Moved Seconded Ayes Nay Ab senl Ab~t.:l in Hagday Neal Fltzoatrick Weist -Bi lo Bradshaw Otis 0 CL . \Jl;lJJA l n ~ .f -'JI U 'YL ">'1.. -l ~/_,r 7? J-tL ~ 1 ..) ,(;! c 0 71u J .-1 U ~ 11/t J)U ll d ttLu? i -<o/o (! f) f:& 1 fo I l L / (} L d_c ) J- • • • • • • - Moved ~ l • • Seconded V' • • • ROLL CALL Ay es Nay Ab s enL H•aday Neal Fi tzoatrick We i st Bi lo Bradshaw Otis /3 -/'Lt.-c--fYY) :IQ.j 1 L 1. \:..51_ 1 v Ul U.. ll • Ab ~L J i n -· (j.~ • • • • • ROLL CALL Mov e d Secon de d A yes Nay Ab sen t Ab5t;:~in Hi gd ay Neal Fitzoatrick - We i st Bi lo Bradshaw -- Otis (2<1! • • • • • - • .. • ROLL CALL Mov e d Se conded Ay es Nay Ab s ent Ab s t ain H•gd a y Nea! Flt~atrick We i s t Bi lo - Bradshaw -- Otis c~ C.;// v(, 1.- I', /J lc <d /,1 { 1...1" .,) ,; ( 111.. (t .,-;-v lt .. tl /1}) • • • • • - • • ROLL CALL Moved Seconded Ayes Nay Ab sent Ab stain Higd ay -Neal -.....-Fl tzoatrick Wei st -1./" Bi lo - Bradshaw Otis - Zlt J )/z'l...__ • • • • • • - • • ROLL CALL Moved Seconded Ay es N A ay bsen L AbsLain Htgday Neal Fltzoatrick Wei st Bi lo Bradshaw Otis --t 4..f ~v ,()_{ (_ ) /)( j_ (__ & /)(_) I L· /_;I l 1 • • • • • • • - • • ROLL CALL Moved Seconded Ayes Nay Ab s ent Ab ~t .:~i n --- H•qa ay Neal Fitzoatrick - ............ Wei st Bi lo - Bradshaw - Otis l ~rr L 1 -f1V-; ' 1 ['-...-) !~7 {A -( I v {'R { YV-<. '{ {_ ( "-z:z:-: ? 1 ----- • • • • • • • ROLL CALL Moved Seco n de d Ayes Nay Ab sen L Ab s l .J in H i qd a y --Neal Fl tzpatrick - We i s t -Bi lo Bradshaw - Otis - • • • • • • • ROLL CALL Moved Seconded Ay e s Nay Ab sent Ab stai n He oday- ;,---NeaT Fl tznatrlck Weist Bi lo Bradshaw Otis th {' 0 > ~ /)}UU ; (_ /L b' tJ )1 __ f u CJ.A..l .(-i-- I I z t (/... • • • - • • ROLL CALL Moved Seconded Ay es Nay Ab sent Ab s t ain H1gday --Nea_! - Fitzpatrick Wei s t Bi lo -· Bradshaw --- Oti s • • • • • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain H~il}' Neal --v-Fl t~atrick Wei st ~ Bi lo --Bradshaw - Otis • • • • - • • ROLL CALL Moved Seconded Ay es Nay Ab sent Ab stain -H ~Oil}' Nea_!_ -- Fitzpatrick Wei s t --Bi lo -- Bradshaw - Otis - • • • • • • • - • • ROLL CALL Moved Seconded Ay es Nay Ab sent Abstain Htgday Nea_! - Fl tzpatrick Weist ........... Bi lo __. Bradshaw -Otis - C t3F y (C LjC r;e, • • • • • • - • • ROLL CALL Moved Seconded Ay es Nay Absent Abstain Hiqday -Neal -- Fltzoatrlck Weist ~ Bi lo --- Bradshaw -- Otis - • • • • • - Mov e d V' • . . ROLL CALL Seconded Hi gda_y_ Neal Fltz_Qatrick We ist ~ Bi lo Bradshaw Otis c_ 13-fo /{J (Q /(_ dL fl jj - • • • Ay es Nay Ab sent Ab s t a i n --- - • • • • • • ROLL CALL Moved Seconded Ay es Nay Absent Abst<Jin Higd ay /.---' -· Neal v Fltzoatrick v-- We i st ._,--Bi lo /,· -Bradshaw {/- Otis v • • • • • - • • ROLL CALL Moved Seconded Ayes Nay Ab sent Abstain Higday -Neal -· Fitzpatrick Weist ---Bi lo --._.. Bradshaw -Otis 1 • • • • - • • ROLL CALL d S onded Ay es Nay Ab sent Ab s t .J in Move ec H1gd ay I--Neal F'itzoatrick Wei st j../' Bi lo Bradshaw - Otis ' l C:A..Y ttl./ ; "'~ /) ~ 1 c., _..,... )l.J {' -dJ~v l t l' T'(.r I ;J ( l I I' ,l _, ~· l /, ~;J /~ • ~ t1 1 t .(I l .) I I l.t '-1 t "~ f l l {l L t '/-11 i j I I ) .) 1-J ~'-'' f.; I ·U I • • { I ,#..# ,.... '•\.. I /, ) I f A L C j • • • • • ROLL CALL Moved Seconded Ayes Nay Ab sent Ab s t a i n H 19_<1ay -Neal Fitzpatrick Weist Bi lo ~ Bradshaw -- Otis I . • • • - • • ROLL CALL Moved Secon ded Ay es Nay A~sent Ab!>tain v-Hrgday v Neal - Fitz_patrick We i st Bi lo -Bradshaw Otis - !6 I . • • - • • ,. ROLL CALL Moved Seconded H1gd ay Neal Fl tzoatrick We i s t Bi lo Bradshaw Otis -J <-J ' ) ' c -t/~ • • • Ay e s Nay Ab sent Ab 5 l .:J 111 - - flt)') J)L~;IIt<(/,/1_ /' (_n{ L L{ I C- ,_ ?_ ~ (. , '/)L .( )' ~ .._J c" Lj 'I Ur /'--~~ :;~< ~ 7 \ ( .J • r /~4 )~ l'-''-' ,J 0 <'>A-1 ' L, ~ )C I ' --1 J /,:--c I ('/)I <1 '{ /L<.I b , :Jl(.l~ .,., 'v 'h/t e~ I c I L~~ l ""' y J / J 6 ' ! , t I . ~ ~ t ' ~ " "' ~ J.. "' ..J ( ~..,.. / ,..._ I )Ill J I f t 1 • • • - • • ROLL CALL Moved Seconded Ayes Nay Al>sen L Ab!.L.Jin c.----' H1g<1ay Mea ~ Fl tzoatrick Weist Bi lo -1/' Bradshaw Otis )..1 ;;?J (J ~ ~.____.__/ &4 j I ~~~..-L tL !._ c. .. --'/.:> f -- I . ·~ '4<-<-l J_. I" )'). ) ) '\..L t.;0_ ...____..' I . • • • - • • ROLL CALL Moved Seconded Ay e s Nay Ab senl Ab !>l .J!n H1~~ Nea_!_ Fl t{2_at rick Weist Bi lo - Bradshaw - Oti s --- :.-tt a u ( / fll../ L (I /.._ I)----o; L _2 ~/(_)I >'UU /<- V(rp b L uj · C:t /) ~'/'L(); l( ( J!. T '--cJ~ /)./( IL l( 1 ( !') )u._ 1//U-/Ul~J • I . • • • - • • ROLL CALL Moved Seconded Ay es Nay Ab senl Ab s t il i n .....--Higaay ·---..__.... Neal -Fltzoatrick Weist -Bi lo -- Bradshaw -Otis ~ C /L 1t 1 L (; • • I • • • • • - • • ROLL CALL Moved Seconde d Ay es Nay Ab s L Ab en s l ain Ht Jday Neal Fl tzoatrick We i st Bi lo - Bradshaw - Otis 't)) / ~)) -r. . { lJ I lL 1 c....-I~ J f ('"0 <J. <../.) t.t /l ·" &. . ~ cr~ ;J -1J ~j <J..<' ?1t I' j)'<J t_ I' f' I z; 0 ~ "') ~ . -z;_.j.. !J. {..e___, , J~ 'ill a JL $a.,_, ,,_ (... -'T'~' a l/C-t. 1- "J _;/, 'M.L ,"{_ r -"'· ~)>'1- t? I lt) ( I J 1 /-~ J •l 1./ t< ( "-I) 4 ( I Jl t/l J) I (_ .)) ) /t• ) y 1 . } ~~ I I ( ')t /t J I I . . • • Moved ... • . . ROLL CALL Seconded Htgday Neal Fl qQatrick We i st e..-Bi lo Bradshaw Otis t c,,-(''l' If / • • • Ay es Nay Absent Abstai n ---- ---- - I . . • • - • • ROLL CALL Moved Seconded Ay es Nay Ab sent Ab s t a i n Hiqday Neal v Fi tzoatrick Weist v Bi lo - Bradshaw - Otis 1 ~ {, I I • • • • • • • • ROLL CALL Moved Seconded Ayes Ab~L ain Nay Ab sent Hi giJay -Neal Fitzoatrick Wei st Bi lo --Bradshaw -Otis ·- I . • - • • • Moved -- 1 -1 Seconded H !Jld<l'f Neal Fit~patrick We i st Bi lo v Bradshaw Otis • • • Ayes Nay Ab sen t Abstain - - --- I • • • - • • ROLL CALL Moved Seconded Ay es Nay Absen l Ab s lain H i_gday -Neal Fitzpatrick Weist -y Bi lo ---;.--Bradshaw Otis • I • • • • • - • • ROLL CALL Moved Seconded Ay es Nay Absent AbsLain ~ H!Jlcl~ -Neal Flt;u>atrick We i s t Bi lo - v-Bradshaw --Otis - ))l t l di I . . • • • • • ROLL CALL Moved Seconded Ay es Nay Ab sent Ab s t a i n Hiqda y ·-Neal ---..--Fl tzoat rick -We i st Bi lo --Bradshaw -Otis - 1- I • • • - • • ROLL CALL Moved Seconded Ayes Nay Ab senl Abst a i n Higday ....____ Neal t.- Fl tzpatrick We isl Bi lo - ~ Bradshaw -- Otis - 1u. I • • • • • • • ROLL CALL Moved Seconded Ay es Nay Ab sen t Abstuin Hi<ldav -- Neal Fitzpatrick Wei st -Bi lo ---Bradshaw Otis -- {I z s • • • • • • .. I • ROLL CALL Mov e d Seconded Ayes Nay Absent Ab s t a i n I H1 Clday ,_ ,...--Neal Fi tzoatrick We i st --· ..__ Bi lo -- Bradshaw -- Otis • • • • • • D 6 ' {]_l.-} ~ C!.IJ(_ J(}U Q.f) 'l-'L (J j ROLL CALL Mov e d Seconded Ay es Nay Ab s enl Ab !>l .l i n H1gday Neal Fl tzoatrlck We i st '--Bi lo -..__ Bradshaw --- Otis - / J I • • • - • • • I ROLL CALL Moved Seconded ' Ay es N ay Ab sen L Ab~L ain Hi<laay ........ Neal -· ,___. Fitzpatrick Weist Bi lo - Bradshaw - Otis z_ 2-(7. L_ !Zjj-'2} e, j • • • • • - • REGULAR MEE TI NG: • • • COUN CI L CHAMBERS CITY OF ENG LEWOOD, COLORADO February 1, 1982 \~ The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on February 1, 1982, at 7 :30 p.m. Mayor Otis, presiding, called the meeting to order. The invocation was given by Reverend Adrian House, First Christian Church, 3190 South Grant Street. The pledge of allegiance was led by Boy Scout Troops #115 and #154. Mayor Otis asked for roll call. Upon a call of the roll, the following were present: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. Absent: None. The Mayor declared the motion carried. * * * * * * Also present were : City Manager McCown Assistant City Manager Wanush City Attorney DeWitt Deputy City Clerk Watkins * * * * * * Council Member Neal offered an amendment to the minutes of the rerular meeting of January 18, 1982. The amendment was on page 10, aat paragraph. Mr. Neal inserted "the prohibition of" between "deleting" and "model". COUNCIL MEMBER BRADSHAW MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF JANUARY, 18, 1982, AS AMENDED. Council Member Bilo seconded the motion. Upon a call of the roll, the vote reaulted as follows: Ayes : Nays : Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. The Mayor decl red the motion carri d. * * * * * * • • February 1, 1982 Page 2 • • • Pre-scheduled visitor, Wanda Blixt, 4644 South Pennsyl- vania, was present. Mrs. Blixt related a conflict she had ex- perienced with the cable TV company for disruption of service. Mrs. !lixt stated the disruption lasted five days and the company would not make an adjustment on her bill for it. Pre-scheduled visitor, Wanda Hoff, 4660 South Pennsyl- vania, was present. Mrs. Hoff stated she had a similar problem with the cable TV company with disruption of service, Mrs. Hoff stated her dispute was over an adjustment of the proper period of time she was without service. Pre-scheduled visitor, Nancy Bert, 4670 South Pennsyl- vania, was present. Mrs. Bert stated she too had a similar pro- blem. She tried to contact the company with no result so she personally made the adjustment on her bill payment. Mrs. Bert stated a representative of the company finally called when they found out she was coming before Council to relate the problem. Council Member Fitzpatrick asked Mrs, Blixt and Mrs. Hoff to provide copies of their letters to the Clerk for re- cording. Mrs. Blixt provided her letter. Mrs. Hoff did not have a copy readily available and stated she would do so later, Council Member Higday stated he had received calls from citizens on these complaints. Also, he had received a call from a representative from the cable TV company who had assured him that proper administrative steps were taken regard- i ng the person who handled the calla, Hr. Higday stated he was assured also that proper bill adjustments were made, Mr. Higday stated the complaints have been recorded in this meeting; and if another incident happens, different action would be taken. Council thanked Hra. Blixt , Mrs. Hoff, and Mrs. Bert for brin&ins the matter to their attention. * * * * * * Mayor Otis asked if there were any other visitors wi h- ing to apeak to Council on any subject at this time. Sherman Salazar, 4742 South Decatur, appeared before Council. Hr. Salazar stated he was a new resident in Englewood so this was the first Council meeting he has attended. Hr. Salazar stat d he appreciated Council Member Higday'a action in taking th time to follow up on citizens' complaints, in partlcul r those just mentioned with the cable TV company; and appreciated Council's con-cern toward ita citizens. * * * * * * • • February 1, 1982 Page 4 Nays: • • - None. The Mayor declared the motion carried. * * * * * * Mayor Otis presented a letter from Judith Beggs Pierson resigning from the Planning and Zoning Commission effective Marc h 1982. COUNCIL MEMBER FITZPATRICK MOVED TO ACCEPT THE LETTER OF RESIGNATION FROM JUDITH BEGGS PIERSON. Council Member Brad- shaw seconded the motion. Upon a call of the roll, the vote re-sulted as follows: Ayes: Nays : Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Council noted a letter of acceptance of resignation and appreciation for service would be sent to Mrs. Pierson. ORDINANCE NO. 3 S!RI!S OF 1982 * * * * * * BY AUTHORITY COUNCIL BIL L NO. 2 INTRODUCED BY COUNCIL MEMBER NEAL AN ORDINANCE AUTHORI ZI NG THE DIRECTOR OF FINANCE EX OFFICIO CITY CLERK-TREASURER TO APPOINT ASSISTANT AND DEPUTY CITY CLERKS ADDING SECTION 9 TO CHAPTER 5, TITLE I, OF THE ENGLEWOOD MUNICI-PAL CODE OF '69, AS AMENDED. COUNCIL MEMBER NEAL MOVED TO PASS COUNCIL BILL NO. 2, S!RI!S OF 1982, ON FIN AL READING. Council Member !radah w a c- onded the motion. Upon a call of th roll, the vote r aulted a follows: Ayes : Maya : Council Meabers Higday, Neal, Fitzpatrick, Weist, Bilo, Bradahaw, Oth. None. Th Mayor d clar d th motion carried. • * * * • * • • February 1, 1982 Page 2 • • .. Pre-scheduled visitor, Wanda Blixt, 4644 South Pennsyl- vania, was present. Mrs. Blixt related a conflict she had ex- perienced with the cable TV company for disruption of service. Mrs. Blixt stated the disruption lasted five days and the company would not make an adjustment on her bill for it. Pre-scheduled visitor, Wanda Hoff, 4660 South Pennsyl- vania, was present. Mrs. Hoff stated she had a similar problem with the cable TV company with disruption of service. Mrs. Hoff stated her dispute was over an adjustment of the proper period of time she was without service. Pre-scheduled visitor, Nancy Bert, 4670 South Pennsyl- vania, was present. Mrs. Bert stated she too had a similar pro- blem. She tried to contact the company with no result so she personally made the adjustment on her bill payment. Mrs. Bert stated a representative of the company finally called when they found out she was coming before Council to relate the problem. Council Member Fitzpatrick asked Mrs. Blixt and Mrs. Hoff to provide copies of their letters to the Clerk for re- cording. Mrs. Blixt provided her letter. Mrs. Hoff did not have a copy readily available and stated she would do so later, Council Member Higday stated he had received calls from citizens on these complaints, Also, he had received a call from a representative from the cable TV company who had assured him that proper administrative steps were taken regard- ing the person who handled the calls. Mr. Higday stated he was assured also that proper bill adjustments were made. Mr. Higday stated the complaints have been recorded in this meeting; and if another incident happens, different action would be taken. Council thanked Mrs. Blixt , Mrs. Hoff, and Mrs. Bert for brinsins the matter to their attention. • • • * * * Mayor Otis asked if there were any other visitors wish- ing to apeak to Council on any subject at this tim • Sherman Salazar, 4742 South Decatur, appeared b for Council. Mr. Salazar stated he was a n w resident in Englewood so this was the first Council meeting h has attended. Mr. Salazar stated he appreciated Council Memb r Higday's action in taking th time to follow up on citizens' complaints, in particular those just mentioned with the cable TV company; and appreciated Council's con-cern toward its citizens. • • * • • * I • • • • • February 1982 Page 3 were: There were no other visitors at this time. "Commun 1 cat 1 ono -No Ac t1 on Recommended" on the agenda (a) Minutes of the Urban Renewal Authority meet- (b) (c) (d) (e) (f) (g) ing of December 2, 1981. Minutes of the Denver Regional Council of Governments meeting of December 16, 1981. Minutes of the Board of Career Service Com- missioners meeting of December 17, 1981. Minutes of the Planning and Zoning Commis-sion meeting of January 5, 1982. Hinuteo of the Water and Sewer Board meeting of January 12, 1982. Minuteo of the Downtown Development Authority meeting of January 13, 1982. Minutes of the Parks and Recreation Commis-sion meeting of January 14, 1982. COUNCIL MsMBER FITZPATRICK MOVED 1'0 ACCEPT "COftfUNIGA-TIOHs -NO ACTION RECO>IfENDED" AGENDA ITEMs 5 (A) -5 (G). Coun-cil Member Bilo seconded the motion. Council Meober Bradohaw QUestioned 5 (a) -Minuteo of Urban Renewal Authority •••tins of December 2. 1981. pase 4. fifth parasraph. Mo. Bradshaw stated ohe thought the alternate wao 12 inotead of 14 as mentioned by Mr. Powell. Hr. Bradshaw aoked if it was a typo or a oiaunderotandins by Mr. Powell. Council Member Fitzpatrick stated h Questioned it him-self oince he was not at the •••tins. Hr. Fitzpatrick noted tho oinuteo were ccepted and not corrected oo he assumed it was a misunderstand i ng. Upon a c 11 of the roll. the vote re Ulted ao follows, Aye : Council Meob ra Hisd y. N al. Pit•patrick. Weist, Bilo, Bradshaw, Otia • • I • • - February l, 1982 Page 4 Nays: • • • None. The Mayor declared the motion carried. * * * * * * Mayor Otis presented a letter from Judith Beggs Pierson resigning from the Planning and Zoning Commission effective March 1982. COUNCIL MEMBER FITZPATRICK MOVED TO ACCEPT THE LETTER OF RESIGNATION FROM JUDITH BEGGS PIERSON. Council Member Brad- shaw seconded the motion. Upon a call of the roll, the vote re-sulted as follows: Ayes : Nays: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Council noted a letter of acceptance of resignation and appreciation for service would be sent to Mrs. Pierson. ORDINANCE NO. 3 SERIES OF 1982 * * * * * * BY AUTHORITY COUNCIL BILL NO. 2 INTRODUCED BY COUNCIL MEMBER NEAL AN ORDINANCE AUTHORIZING THE DIRECTOR OF FINANCE EX OFFICIO CITY CLERK-TREASURER TO APPOINT ASSISTANT AND DEPUTY CITY CLERKS ADDING SECTION 9 TO CHAPTER 5, TITLE I, OF THE ENGLEWOOD MUNICI-PAL CODE OF '69, AS AMENDED. COUNCIL MEMBER NEAL MOVED TO PASS COUNCIL BILL NO. 2, S!lti!S OF 1982, ON FINAL READING. Council Member Bradshaw s c- onded the motion. Upon a call of th roll, the vot r aulted as follows: Ayes : Nays : Council Members Higday, N al, Fitzpatrick, Weist, Silo, Bradshaw, Otis. None. The Mayor d clar d the motion carried, * * * * * * • • February 1, 1982 Page 5 ORDINANCE NO. 4 SERIES OF 1982 • • • BY AUTHORITY COUNCI L BILL NO. 3 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANC~ PROHIBITING INDECENT ACTS WITHIN THE CITY OF ENGLE-WOOD, COLORADO AND DECLARING AN EMERGENCY. COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL NO. 3, SERIES OF 1982, ON FINAL READING. Council Member Fitz- patrick aeconded 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 Neal asked if the ordinances dealing with the massage parlors and indecent exposure and the like fell under misdmeanor penalties. City Attorney DeWitt stated they did. Mr. Neal asked Council to consider some sort of minimum penalty in regard to some of the ordinances in light of all the thinss in the news about sex offenders. City Attorney DeWitt stated he would like to address this iasu with Council. He asked that he and Lorretta Huffine from his office who has been looking into this question discuss this iasue with Council in a study session in the near future. ORDINANCE NO. 5 SERIES OF 1982 * * • * * * BY AUTHORITY COUNCIL BILL NO. 4 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE ESTABLISHING A SPECIAL FUND FOR THE CITY OF ENGLEWOOD TO B! llfOWN AS THE "PARKS & RECREATION FOUNDATION TRUST FUND" FOR THE US! AND BENEFIT OF PROVIDING IMPROVED AND EXPANDED PROGRAM- MING AND FACILITIES, ADDING A NEW SUBSECTION TO TITLE XIII , CHAPT! 5, OF THE '69 ENGLEWOOD MUNICIPAL CODE , AS AMENDED • • • February 1, 1982 Page 6 • • • COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL NO. 4, SERIES OF 1982, ON FINAL READING. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted aa follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. ORDINANCE NO. 6 SERIES OF 1982 * * * * * * BY AUTHORITY COUNCIL BILL NO. 5 INTRODUCED BY COUNCIL MEMBER FITZPATRICK AN ORDINANCE DESCRIBING AND DEFINING OBSCENITY AND PROVIDING CIRCUMSTANCES UNDER WHICH IT IS PROHIBITED AND DECLARING AN EMERGENCY. COUNCIL MEMBER FITZPATRICK MOVED TO PASS COUNCIL BILL NO. 5, SERIES OF 1982, ON FINAL READING. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Maya : Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. ORDIN ANCE NO. SERIES OF 1982 * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 1 INTRODUCED BY COUNCIL MEMBER NEAL AN OIDIMAHC! EXEMPTING LIMITED GARAGE SALES FROM THE SALES AND USt: TAX ORDIMAHC! OF THE CITY OF ENGLEWOOD, COLORADO, BY ADDING SEC- TION 38 TO ARTICLE 4, TITLE XIII, OF THE ENGLEWOOD MUNICIPAL CODE OF 1969, AS AMENDED. • • - Fe b ruary 1, 1 9 2 Pa g e 7 • • • COUNCIL MEMBER NEAL MOVED TO PASS COUNCIL BILL NO. 1, SERIES OF 1982, ON FIRST READING. Council Member Bilo seconded the motion. Council Member Neal stated this bill was different than the previous one because it was restricted to individuals. Mr. Neal stated the bill allows persons to put up signs in public roadways and light poles for three days prior and three days after the sale as long as it does not obstruct right-of-way signs or re-gulatory signs. Council Member Bradshaw asked if section (b) subsections (1) and (2); and section (c) subsections (l) -(4) were enforce-able? City Attorney DeWitt stated under section (c) subsec- tion (2), if the name and address is not on the sign, the party is in violation. If someone is putting up a sign without a name and address, it is also a violation. Mr. DeWitt stated section (b) subsections (1) and (2) are more difficult to enforce; how- ever, the code enforcement ofiicers and police department know who is holding weekend sales and that is what this ordinance is designed to prevent. 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 !lOtion carried. ORDINANCE NO. SERIES OF 1982 * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 7 INTRODUCED BY COUNCIL MEMBER FITZPATRICK AN ORDINANCE ADDING SECTION ll-6-27 TO THE ENGLEWOOD MUNICIPAL CODE OF '69 PROHIBITING URINATING IN PUBLIC. COUNCIL MEMBER FITZPATRICK MOVED TO PASS COUNCIL BILL NO. 7, SERIES OF 1982, ON FIRST READING. Council Member Brad-shaw second d th motion. • - • February 1, 1982 Page 8 • • • COUNCIL MEMBER FITZPATRICK MOVED TO AMEND THE BILL BY CHANGING IN 11-6-27 SECOND LINE "WITH" TO "WITHIN". Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote on the amendment resulted as follows : Ayes : Nays : Council Members Hi gday , Ne al, Fitzpatrick, Weist, Bilo, Bradshaw, Ot i s. None. The Mayor declared the motion carried. Upon a call of the roll, the vote on the original motion resulted as follows: Ayes : Nays : Council Members Higday, Neal , Fitzpa t r i c k, Weist, Bilo, Bradshaw, Otis. None. Th e Mayor declared the mot i on carried. ORDINANCE NO. SERIES OF 1982 * * * * * * BY AUTHORITY A BIL L FOR COUNCIL BILL NO. 8 INTRODUC~D BY COUNC IL MEMBER HIGDAY AN ORDINANCE AMENDING TITLE XI OF THE ENGLEWOOD MUN ICI PA L COD£ OF '69 TO INCLUDE A NEW SECTION 1 3 TO CHAPTER 2, RELATING TO NUDE DANCING AND UNLAWFUL L!WD ACTS , AND DECLARING AN EMERGEN CY . COU NCIL MEMB ER HIG DAY MOVED TO PAS S COU NCIL BILL NO. 8 , S!RI!S OF 1982, ON FIRST RE ADI NG. Council Member Brad- s haw seconded the motion . Upon a call of the roll, the vote resulted as follows: Ayes : Ma ya : Council Memb ra Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. The Mayor declar d the motion carried. * * • * * • • • • February 1, 9 82 P age 9 ORDINANCE NO. SERIES OF 1982 • • - BY AUTHORITY A BILL FOR COUNCIL BILL NO. 9 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE AMENDING AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND THE ENGLEWOOD HOUSING AUTHORITY FOR ADMINISTRATION OF THE HOME REHA!ILITATION PROGRAM. COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BI LL NO. 9, SERIES OF 1982, ON FIRST READING. Council Member Neal seconded the motion. Upon a call of the roll, the vote resulted aa follows : Ayes: Nays : Council Members Higday, Neal, Fitzpatrick, Weist , Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1982 * * * * * * BY AUTHORITY A BILL FOR COUNCI L BILL NO. 10 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE APPROVING AN AGREEMENT CREATING A MULTl-JURIS- DICTIOMAL FIRE ARMS SCHOOL. COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL NO. 10, SERIES OF 1982, ON FIRST READING. Council Member Fitz- patrick seconded the motion. Council Member Neal stated he opposed the bill at this time. Mr. Neal stated he needed more information. He was particul rly concern d about the potential location of the school. Council Member Higday agre d with Hr. Neal. Furtht!r, Mr. Higday xpr sed displ asur about studying a bill betw en first and a cond readings. t • .. February l, 1982 Page 10 • • .. Council Member Bilo stated he felt there was insufficient information particularly in the area of financial impact. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Fitzpatrick, Weist, Bradshaw, Otis. Council Members Higday, Neal, Bilo. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1982 * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 11 INTRODUCED BY COUNCIL MEMBER NEAL AN ORDINANCE APPROVING A MUTUAL AID AGREEMENT FOR POLICE SER-VICES. Council Member Higday asked if this matter could be put on the study session agenda for the next meeting for speci- fic discussion. Mr. Higday expressed concern about giving au- thority to another jurisdiction that he was unsure he wanted to give authority. Hr. Hlgday did not want another jurisdic- tion co~ing over into Englewood giving traffic tickets nor did he want the Englewood Police Department going over into another jurisdiction for the same. Council Member Bradshaw noted it was stated in the agree~ent that other jurisdictions would volunteerily aid and assist each other in the event of an unusal, major occurrence or emergency situation not on an everyday basis. City Attorney DeWitt stated there were nuanc s in the law where a law enforcement officer can give a ticket to someone on a boundary line whether it is actually in the com- munity or not and take the case to county court. Hr. DeWitt stated those nuances w re not addressed in the agreement. Council Memb r Bilo stated he was voting in favor of the bill on the basis that he had to support any bill giving add d protection to citiz ns. • • -ebruary 1, 1982 •age 11 .. • • • ---- Council Member Weist asked if the wording in para- graph 7 (c) concerning holding harmless or indemnify had to be quite so broad. Mr. Weist expressed concern about the City picking up liabilities not under the City's control for possible outright gross negligence. City Attorney DeWitt stated this was wording that other jurisdictions had approved. Mr. DeWitt stated he would discuss it with Chief Holmes and ask the Chief to discuss it with the other members of the agreement to see if they would be agreeable to restricting the language. Council Member Neal noted in the issue of exemplary damages, the agreement states "except exemplary damages". Upon a call of the roll, the vote resulted as follows: Ayes: Nay s: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis, None. The Mayor declared the motion carried, RESOLUTION NO. 7 SERIES OF 1982 * * * * * * A RESOLUTION SUPPORTING K. B. 1069 PROVIDING TKAT THE PROCEEDS OF THE STATE SUPERVISED LOTTERY BE USED FOR PARKS, RECREATION AND OPEN SPAC!S. COUNCIL MEMBER BRADSHAW MOVED TO PASS RESOLUTION NO. 7, SERIES OF 1982. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Memb ra Kigday, Neal, Fitzpatrick, Weist , Bilo, Bradshaw, Otis. None. The Mayor decl red the motion carri d, * * * * * * City Attorney D Witt stat d th n xt it m cone rning an agreement b tw en the Denv r R gional Council of Gov rnm nte • • • • • • February 1, 1982 Page 12 and the City of Englewood for the provision of centralized ser- vices for entry level recruitment and testing of law enforcement officer applicants was presented in resolution form and should be in ordinance form, COUNCIL MEMBER HIGDAY MOVED TO TABLE THIS MATTER UNTIL PUT IM ORDINANCE FORM. Council Member Bradshaw seconded the mo- tion. 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, * * * * * * COUNCIL MEMBER FITZPATRICK MOVED TO APPROVE A PROCLAMA- TION DECLARING "1982 AS NATIONAL YEAR OF DISABLED PERSONS". Coun- cil 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 Attorney DeWitt presented a grant of utility and storm drainage easement, Council Member Higday requested seeing a map denoting the location of this easement, COUNCIL MEMBER HIGDAY MOVED TO TABLE THIS MATTER. Coun-cil Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Memb rs Higday, Fitzpatrick, Weist, Bilo, Bradshaw. Council Members Neal, Otis, The Mayor declared the motion carri d. * * * * * * • • • February 1, 82 Page 13 • • • City Attorney DeWitt presented a grant of perpetual easement by and between Maxine Ligon concerning Lots 31 and 32, Block 4, Hig ns South Broadway Heights. COUNCIL MEMBER BRADSHAW MOVED TO ACCEPT THE GRANT OF PERPETUAL EASEMENT. 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 Attorney DeWitt transmitted a memorandum from himself to the Mayor and Members of City Council concerning the Hi&h School Storm Water Detention Area. Mr. DeWitt stated he would prepare an ordinance for the agreement for the next Council meeting. RESOLUTION NO. 8 SERIES OF 1982 * * * * * * A RESOLUTION ENDORSING THOMAS R. EGGERT FOR CHAIRMAN OF DRCOG. COUNCIL MEMBER BILO MOVED TO PASS RESOLUTION NO. 8, SERIES OF 1982. 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 d clar d th motion c rr1 d. Mayor Oti stated copies of Resolution No. 8, Series of 1982, would be sent to County Commissioner Eggert and DRCOG. * * * * * * City Han ger McCown pr sented a Council Communication from himaelf and a r aolution concerning the Six-Quart r Budget for the period January, 1982 through Jun , 1983 • • • February 1, 1982 Page 14 RESOLUTION NO. 9 SERIES OF 1982 • • .. A RESOLUTION AMENDING THE PUBLIC IMPROVEME NT FUN D. COUNCIL MEMBER NEAL MOVED TO PASS RES OL UT I ON NO. 9, SERIES OF 1982. Council Member Bilo seco nded th e mo tion. 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 the Director of Public Works concerning an alternative fuel system. Hr. McCown stated bids were received for the necessary equipment and kits to convert 90 vehicles to a dual syste1n of fuel, utilizing compressed natural gas as an alternate fuel. Mr. McCown stated the conversion concept has been studied for some time and a recommendation was made at the budget retreat to do this. Hr. McCown stated the proposal is to buy the conversion kits as detailed in the Council Communication and put two tanks in each one of the vehicles. Hr. McCown stated a li n e would be run from Publi c Service Company which is included i n the cost to use compressed natural gas in the City's vehi c les. Further, at the same time , the City will also be able to ut il ize regular fuel and cars will be equipped to operate on both com p r e s s e d natural fas and r e gular fuel. Hr. McCown s t a t e d t he mon i e s for this wou d come primarily from the Service nte r Fund. Mr. McCo wn a sk ed Co u ncil to re call that this w s the fir s t step i n going towards a me t h ane sys tem , using m thane prod uc ed out o f the s e wer plant fo r u ee in th City'e vehicl Mr . McCo wn e tated aince th a t di s cussion, th re has b n som ch a n e in pl ns which will be fully pr a nt d to Council n xt Monday ni ght in a joint session with th Littleton City Council when th e y revi w th oper tiona of the 8 w r plant. Hr. McCown stated on of th things that will b pres nt d is th r comm nd - tion to u s e 11 of the m than s a s p r o duc d b y th • w r pl nt fo r runni na th e n rator and othe r e quip•e n t a t the p l nt. Hr. McCo wn s t ated th recom. nda tion wil l show a gr ater b n fit a nd savinas in u s ing th m than for th 8 w r p l ant r th r th n for City vehicl s . • • February 1, 19 Page 15 • • • At the request of Counc il, a representative of Advance Fuel Systems, Inc., Harold F i n e go l d, 55 86 South Emporia Circle, came forward t o nswer q u ~ t i ~n s. Council Member Bradshaw asked what other cities had contracted with his company. Mr. Finegold answered his company had between 50 -60 municipalities all over the country using compressed natural gas. The cities were converting due to the fact that compressed natural gas was about 35¢ a gallon and regular fuel was $1.20. Council Member Neal noted conversion of the cars was not a part of the contract. City Manager McCown stated conversion would be done in-house. Council Member Fitzpatrick asked if the kits could be used on any other vehicles. Mr. Finegold answered they could. The equipment could be removed and incorporated on other vehicles. Mr. Finegold stated there was no cost for the adapter kit as the same kit can be used on different motors. Council Member Higday asked if the project was cost effi- cient in the long run given the unknown price of natural gas. Mr. Finegold stated the price of natural gas was re~u lated until 1985. If deregulation comes about and the price LS doubled, it still would be cheaper than regular fuel. Council Member Bilo asked the City Manager what was the pay back time on this project. City Manager McCown stated this particular feature was about three y ars; and if the City went to methane it would be a bout six y ars Council M mb r N 1 noted compr s d natural g s would burn clean r. City Man ger McCown stated there was pow r loas ; nd the City may have to go a larger, mor pow rful-aiz d car, for example for th Police Department. COUNCIL ~M'BER HEAL MOVED TO AWARD TH~ LOW BID TO AD- VANCE UEL SYST!HS, INC. IN THE AMOUNT OF $162,132.50 AND TO AU- THO IZ! TOTAL !XPENDI'rURE FOR TKE PROJECT AT $190,000. Council M b r BUo • cond d the taotlon • • I • February 1, 1982 Page 16 • • • Council Member Neal requested that a substantial amount of money for this project come out of the year-end surplus and some of it from the Servicenter Fund. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Otis. Council Member Bradshaw. The Mayor declared the motion carried. * * * * * * Assistant City Manager Wanush presented a memorandum from the Training Coordinator of the Fire Department to the City Manager concerning the 1982 Fire Department Training Proposal; and a memorandUIII from the Chief of Police concerning the 1982 Police Department Training Proposal. Mr. Wanush stated even though funds are allocated in the 1982 budget some of the train- ing is done out-of-state and Council's approval is required. COUNCIL MEMBER HIGDAY MOVED TO ACCEPT THE FIRE AND POLICE TRAINING PROPOSAL. 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. * * * * * * City Manager McCown asked Council if the information he submitted concerning the photo I.D. system for Parks & Re- cr ation was dequate enough to proc ed. Mr. McCown st ted the Police Department and the Library h ve expr ss d an interest in a similar system. COUNCIL MEMBER BRADSHAW MOVED TO AUTHORIZE STAFF TO P OCEED OM THE PHOTO I.D. SYSTEM FOR PARKS & RECREATION. Coun- cil Member Bilo s conded the motion. Council M mb r N al oppos d th motion. Mr. Neal at ted he felt the cone pt of this syst m had changed from wha t he thouaht was th original int nt • • • February 1, 1982 Page 17 • • .. Upon a call of the r o ll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Fitzpatrick, Bilo, Bradshaw, Otis, Council Members Neal, Weist. The Mayor declared the motion carried, * * * * * * Mayor Otis offered the following recommendations for appointments to Boards and Commissions: Board of Adtuatment and Appeals leappo ntment of Howard Brown, 3183 South Race Street, four- year term commencing February 1, 1982, expiring February 1, 1986. Election Commission Appointment of Barbara P. Jackson, 3540 South Pearl Street, #104, four-year term commencing February 1, 1982, expiring February 1, 1986. Firemen'• Pension Board Appointment of Timothy M. O'Brien, 2160 East Eastman Avenue, effective immediately to a term expiring February 1, 1984. Plannina & Zoning Commission leappointment of Thad Carson, 3990 South Jason Street, four-rear term commencing February 1, 1982, expiring February 1, 986. Appointment of Walter Stoel, 2921 South Downing Street, four- year term commencing February 1, 1982, expiring February 1, 1986. Appointment of Hart D. Gilchrist, 2338 East Floyd Avenue, to a term effectiv March 1, 1982, expiring February 1, 1983. Ankrum, 3920 South Galapago Street, four- February 1, 1982, expiring February 1, Appoino.nt of Debbi Dix, 3141 South Vine Str et, four-year term co.aencing February 1, 1982, xpiring F bruary 1, 1986. G. oy, 3035 South Corona Str t, four- February 1, 1982, expiring February 1, 1986 • • I • February l, 1982 Page 18 • • - ·------···-· ------· ------ Urban Rene wal Authority ----Ap.l)oin.tlilent--o·t -l~obert J. Voth, 55 W<.!st Gi.rarJ Av•"lu·, Live- year tenu counnencing February 5, 1982, expiring Feb ruary 5 , 1987. Appointment of Lawrence M. Novicky, 3655 South Del~ward, #311, to serve as alternate me 1nber of authority with no voting power, effective February 5, 1982. Water & Sewer Board -Appo1.ntment 0t Eleanor Haviland, 2105 East Dart1nouth Circle, effective immediately to a term expiring Februar y l, 1986. Appointment of Scott C. Cook, 3455 South Logan Street, 1303 , six-year term commencing February l, 1982, expiring February l, 1983. Appointment of Jo Lay, 4695 South Lipan Street, six-year term commencing February l, 1982, expiring February l, 1988. Rehabilitation Loan Com1nittee -----Appointment or-Roberca-Wilson, 1411 East Cornell Place, as Council's appointee to this Hous i ng Authority Committee . Council Member Bradshaw offered the reappoint1uents of Ruth Perky Allen, 2799 South Downing and Frances Howard, 645 East Yale Place to the Parks & Recreation Board for the ter1ns co,omenc - ing February l, 1982, expiring February l , 1986. Council Mem b er Bilo opposed t o having an alt~::rn<~te member of the Urban Housing Authority since there wct:e no il1- tern<~tes on other uoards and co,omiss ions . Council Member Fitzpatrick stated the pur pose of an alternate member was advantageous to this board in that it eli- minated repe ting information to replacement members . City Attorney DeWitt stated he was unsure Council was voting on right membership of the Parks & Recreation Com1ni sslon b sed on its composition. Council Member Br dshaw withdrew her mendroen t to the Mayor's recoromendat ions . COUNCIL KEMBI::R FlUPATRICK MOVED TO APPROVE THI:: AP- POINTMENTS TO BOARDS AND COMMISSIONS AS RECOMMENDED BY KAYOR OTIS. Council Merober Br d haw seconded the motion. Upon ..1 ~all of th roll, the vo te r !lult d a follows: • • February 1, 1982 Page 20 • • - not want to serve. Mayor Otis recommended not increasing the membership of the Commission at this time. Mayor Otis stated the Judge expressed concern that the Director of Finance had been designated as the Executive Director of the Commission. Mayor Otis stated he explained to the Judge that the designa- tion in and of itself does not in any way infringe on the principle of independence of the judiciary and separation of power s . Mayor Otis stated the Director of Finance was primarily a resource per- son there to provide input for the City, update information, pro- vide supplies, set up meeting rooms, etc. Mayor Otis state d tile title could be changed and recommended because the Commission will probably elect a chairman) the Director of Finance could be referred to as ex officio. Mayor Otis stated the Judge will not allow the Court Administrator to serve as recording secretary. Mayor Otis stated the same argument applies here as for the Di- rector of Finance, and recommended the Court Administrator's title be changed to ex officio. Mayor Otis stated the Commission can appoint one of its members as the recording secretary or r e - quest secretarial help. COUNCiL MEMBER HIGDAY MOVED TO CHANG!:: THE NAME 0~' Tl-11:: COHMISSIOl'l TO "COURT ADVISORY COMMISSION"; TO CHANGE THE DIRECTOR OF FINANCE FROM EXECUTIVE DIRECTOR TO "EX OFFICIO"; TO CHANGE THE COURT ADMINISTRATOR FROM RECORDING SECRETARY TO "EX OFfo'ICIO". Council Member Neal seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Higday, Neal, Weist, Bradshaw, Otis. Council Members Fitzpatrick, Bilo. The Mayor declared the motion carried. * * * * * * Council Member Bradshaw stated she has been asked by the firefighters association to receive a Council agend packet. City Han ger McCown st ted the pack t w s volumino us nd xtr packets were prepared for the n wsp pers. Mr. McCown sugg st d the ssocl tion get n genda nd if th re w ny- thing on the genda of which th y w nted copies, to r qu st copie from his office . Tho c m mbers of th ssoci tion who w rc present in th udienc w re agree ble to th t sugg tion. * * * * * * • • • • • February l , 1 98 2 Page 21 Council Member Bradshaw stated a r equest had been re - c e ive d for a subscription to the Englewood PA ZAZZ magazine, a j oint venture between Englewood High School a n d Colorado's Finest Alternative High School. Council Member Bradshaw asked fo r di - rection on the request. Council decided to send them an invita tio n t o att~nd the next Council meeting to discuss the request. * * * * * * Council Member Bradshaw directed the City Manager to have the Community Development workshop for northwest Englewood rescheduled from February 13, 1982 to February 20, 1982, in light of the three-day weekend. * * * * * * There was no further business to be discussed. ***•k ** COUNCIL MEMBER I:UGDAY MOVED TO ADJOURN THE MEETiNG. 9:45 p.m. Mayor Otis adjourned the meeting with ou t a vot ~ at • • • • • • RESOLUTION NO. SERIES OF 1982 ______ _ A RESOLUTION AUTHORIZING PURCHASE OF REAL PROPERTY. WHEREAS, the City of Englewood desires to acquire real property located in the City of Englewood for Municipal purposes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEOOD, COLORADO: Section 1. City staff is authorized to execute those documents necessary to acquire the property hereafter described for a sum representing fair market value of said property: A tract of land in the SE 1 /4 NE 1/4 of Section 8, Township 5 South, Range 68 West of the 6th Principal Meridian, in the County of Arapahoe, State of Colorado, which tract was conveyed to HALL SAND AND GRAVEL, INCORPORATED, by Warranty Deed dated October 8, 1957 and recorded October 17, 1957 in Book 1036 at pag e 334 of the records o f the Arapahoe County Clerk and Recorder and which tract is more particularly described as follows: Beg inning at the NW corner of said SE 1 /4 NE 1/4, thence S 89°58'30" E 59.4 feet (meridian based on so l ar observ at ion near this boundary) to the TRUE POINT OF BEGINNING; thence continuing S 89°58'30" E 600.0 f e e t along the North line of said SE 1 /4 NE l /4 to a point from which point the NE corner of said SE 1 /4 NE 1 /4 bears S 89°58'30" E 659.7 feet; thence from the last sa i d pointS 00°24'10" W 475.0 feet; thence E 71°30'00" w 348.9 feet; thence continuing N 71°30'00" W 282.2 feet t o a p o int which bears N 00°22'50" E 105.0 feet f rom a witn e ss c orner; thence from last said point N 00°22'50" E 27 5 .0 fee t t o t h e TRUE P OINT OF BEGINNING, co n tain i n g 5 .1 6 5 acres more or less . Should the o wn er refuse or fail to agree to the sale of said propert·' th City At t orney is au thorized to commence proceedings to acquire said property as provided b y law . • • • • • • • ADOPTED AND APPROVED this~day of January , 1982. 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 is a true, accurate and complete copy of Resolution No. , Series of 1982. Gary R. Higbee -2- • • • • • - CASTLE PARK,INC . February 11, 1982 Honorable Mayor and Honorable Members of City Council and City Manager City of Englewood 3400 South Elati Englewood, CO 80110 Gentlemen : The Dorsey Hall family came to Englewood in 1927. The family members were D.E. Hall, Sr. and Elizabeth, the father and mother and Dorsey Hall, Jr., Howard Hall, Alonzo C. (Sam) Hall and Eleanor, whose married name is Hoagland. The Hall family owned and operated the Hall Sand and Gravel Company from 1937 to 1968. D.E. Hall, Sr. died in 1960 and Dorsey Hall, Jr . in 1980. Mother Hall and the remaining members of the family still reside in or near Englewood. The family has recently concluded a sale of about five (5) acres of land co the City for use as an extension to Centennial Park to the ease . Further, we noticed in the paper that you are setting up a non- profit corporation and foundation to receive money for park development and maintenance in the City. We heartily endorse the idea . We propose to give to the foundation the sum of $10,000.00 . We plan to give this money with no strings attached as to its use for park purposes ; however, if the City would deem it proper for some recognition to the family, we would suggest something which memorializes D.E. and Elizabeth Hall . Sine r ly, 2 OAR N STRE T CASTLE ROCK EXIT 182 WEST OF 1·25 CASTLE ROCK , CO 8010<1 (303) 798 • • • • RESOLUTION No.___:/_0 __ SERIES OF 1982 • • • A RESOLUTION AUTHORIZING PURCHASE OF REAL PROPERTY. 7M WHEREAS, the City of Englewood desires to acquire real property located in the City of Englewood for Municipal purposes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEOOD, COLORADO: Section 1. City staff is authorized to execute those documents necessary to acquire the property hereafter described for a sum representing fair market value of said property: A tract of land in the SE 1/4 NE 1/4 of Section 8, Township 5 South, Range 68 West of the 6th Principal Meridian, in the County of Arapahoe, State of Colorado, which tract was conveyed to HALL SAND AND GRAVEL, INCORPORATED, by Warranty Deed dated October 8, 1957 and recorded October 17, 1957 in Book 1036 at page 334 of the records of the Arapahoe County Clerk and Recorder and which tract is more particularly described as follows: Beginning at the NW corner of said SE l/4 NE 1/4, thence S 89°58'30" E 59.4 feet (meridian based on solar observation near this boundary) to the TRUE POINT OF BEGINNING; thence continuing S 89°58'30" E 600.0 feet along the North line of said SE 1/4 NE l/4 to a point from wh ich point the NE corner of said SE l/4 NE 1 /4 bearsS 89°58'30" E 659.7 feet; thence from the last said point S 00°24'10" W 47 5.0 feet; thence E 71°30'00" W 348.9 feet; thence continuing N 71°30'00" W 282.2 feet to a point which bears N 00°22'50" E 105 .0 feet from a witness corner; thence from last said point N 00°22'50" E 275.0 feet to the TRUE POINT OF BEGINNING, containing 5.165 acres more or less. Should th owner refus or fail to agree to the sale of said propert•' the City Attorney is authorized to commence proceedings to acquire said property as provided by law . • • • • • .. • ADOPTED AND APPROVED thisl::::aay of at:~ 1982. Eugene L. Ot1s, 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 is a true, accurate and complete copy of Resolution No.~, Series of 1 982. Gary R. Higbee -2- • • - • • • - CASTLE PARK,INC. February 11, 1982 Honorable Mayor and Honorable Members of City Council and City Manager City of Englewood 3400 South Elati Englewood, CO 80110 Gentlemen : The Dorsey Hall family came to Englewood in 1927. The family members were D.E. Hall, Sr. and Elizabeth, the father and mother and Dorsey Hall, Jr., Howard Hall, Alonzo C. (Sam) Hall and Eleanor, whose married name is Hoagland. The Hall family owned and operated the Hall Sand and Gravel Company from 1937 to 1968. D.E . Hall, Sr. died in 1960 and Dorsey Hall, Jr. in 1980. Mother Hall and the remaining membe r s of the family still reside in or near Englewood. The famil y has recently concluded a sale of about five (5) acres of land to the City for use as an extension to Centennial Park to th east . Further, we noticed in the paper that you are setting up a non- profit corporation and foundation to receive money for par development and maintenance in the City. We heartily endors the idea. We propose to give to the foundation the sum of $10 ,000.00 . We plan to give this money with no strings attached as to its use for park purposes ; however, if the City would deem it pr oper for some recognition to the family, we would suggest someth i n g which memorializes D.E . and Elizabeth Hall . Sinc e r e ly, 2 DARREN STREET CASTLE ROCK EXIT 182 WEST OF 1·25 CASTLE ROCK , CO 80104 (303 ) 888-4788 • • '. • • .. MINUTES OF ENGLEWOOD HOUSING AUTHORITY SPECIAL MEETING August 12, 1981 The special meeting of the Englewood Housing Authority was called to order by Chairman Thomas J. Burns at 6:15P.M. at the Simon Center, 3333 South Lincoln, Englewood, Colorado. There was a tour from 5:00 P.M. to 6:15 P.M. of the rehabilitated homes in Englewood. Roll Call Memb ers Present: Members Absent: Thomas J. Burns, Chairman Beverly J. Bradshaw Cindy Peterson Betty Beier, Vice-Chairman Rev. Stan Fixter Othe rs Present: Susan Powers, Director of Community Development Frances Buck Jonas, Executive Director Linda A. Knopinski, Associate Housing Coordinator A1 VanDemark, Technical Services Supervisor Recording Secretary Tour of Rehabilitated Houses in Englewood Mr. Burns stated that the Board had a tour of the rehabilitated homes which he f lt wa s very impressive. Rehab Gran ta -Policies and Procedures Mrs. Jonas stated that the staff has b en working fo r six months to put together polici s and staff procedures on rehab grants. Mrs. Jonas stated that originally th Board approved that State grants could be approved at staff level while combination grant/loans or loans wou ld continu to be approved at the Rehab Loan Commi tte Mra . Jonas stated that when she attended the Implementation Workshop on the n Communi t y Dev lopment Block Grant (CD BG) she received a statement on conflict of interest for the CD grant. One of the suggestions was that decisions on con tracts should b mad in a public m eting. Mrs. Jonas s t ated that it became appar nt that the pol i cies and procedure hadn't been discussed well enough and that the Board was not that cognizant of what policies and procedures had b en pa sed b cau they had been approved over long period of tim • Mrs. Jona stat d that th policies and procedur a for th new grant ware compiled and placed in folders for the Board to review and d termine how thia is to b handled in the future. Mrs. Jon s discussed aeveral items in th policies and proc dur nu 1. Mra. Jon s stat d that Mrs. Knopinski compiled so crit ria to b used i n Englewood Houaing Authority's d t rminin wh at applicants would get rants for th (EHA) consid ration. Mr s. Jonas stated that wh en Margo Blu from HUD c monitorin , aha stated that the ataff would hav is used and how the d cis i ona ara mad on th gr discrimination. Th re ia alao a probl m with th • to th EHA to do a CD to ba v ry careful wh t criteria nta ao aa not to b accuaad of Privacy Act and confidential • • • • .. information in a public meeting. Discussion ensued. Mrs. Jonas stated that a possibility for approving the grant applications would be to schedule set times each month when these applications would be considered Jn. and approved or denied by the Executive Director. Minutes of these meetings would be taken to be made available to the Board for their review. Mrs. Peterson stated that if there was a set of criteria to go by to approve the grant applications , she wouldn't have any problem with having the staff approve these applications. Mrs. Knopinski explained her memo regarding procedures for implementing the grant program. Mrs. Knopinski stated that some of the guidelines set forth in her memo are: 1) all persons under the very low income guidelines, which is 50% of the median income and below, that live in the designated target areas would qualify for grants . They must comply with all other criteria set forth in policy such as priorities of work items, asset limitations, etc.; 2) all persons between low and very low income guidelines, between 50% and 80% of median income that live in the target area, qualify for grants. The first item to be taken care of must be code items, second is energy conservation and the third is handicapped retrofitting. Mrs. Knopinski stated that people between 50% and 80% of median income would not qualify for general property improvements for a grant; this would be included in a subsidized loan. Mrs. Knopinski stated that staff wants to have clear policies and procedures for determination of grant recipients instead of it being at staff discretion. Mrs. Knopinski gave the formula on whether or not the ERA will invest money into a property. The criteria is such that if the cost of the rehab work would exceed 50% of the appraised evaluation of the property and improvements after the rehab work is completed , or if the life expectancy of the home after the rehabilitation is not at least 30 year , the ERA will not invest the money. Discussion ensued regarding this matter. MOTION BEVERLY BRADSHAW MOVED AND CINDY PETERSON SECONDED THE MOTION TO EXPAND THE POLICIES AND FURTHER DEFINE THEM BY ADOPTING THE MEMORANDUM OF AUGUST 12, 1981 AS THE ADDITION TO THE MEMORANDUM OF FEBRUARY 25, 1981. THE HOTIO CARRIED AS ro~~: AYES: AYS: BURNS, BRADSHAW, PETERSON o. A!SE T: BEIER, FIXTER Mra. Jona stat d that Mrs. Knopinaki and Susan Pow ra have be n puttina to a r vised agr nt with the bank to give to Tom Dink 1 at Fir t lot rat t th r Bank. M Br dshaw stat d that sh is in charge of the S pt mb r Mayor's Coff nd thinka the r h b slide pr s ntation r garding th R hab Program would b good to iv to the att nd s. Mra. Jon a d HUD'a monitoring r port of th EHA. Th r wa a on potential ment ayat m. Ma. Blu stat d in h r 1 tter that th n xtr ly co plicated two-atap proc aa in dminiatration oC th Progr involving interim conatruction and final loans. Thia proc aa i a -onauming and nerat a aubatantial mount of p p r. M • Blu atat a that -2- • • • • - the City had also opted to use local funds and reimbursed itself at a much later date. This approach was in large part the cause of previous drawdown problems. M~ Blu said that Mrs. Jonas indicated that the City's Finance Department has Lenta tively proposed a similar tw o-s tep process for the rehabilitation grant. H'~ urges the City to simplify their procedures for the rehab grant administration. The use of escrow accounts would allow the City to draw down funds quickly and pay cont ractors without delay. ro. Jonas stated that she will invite Dennis Spencer, who is a Fee Ac countant, < the Board meeting next month to discuss his services for the EHA. Mrs. Jonas ot ated that the Finance Director and the Assistant City Manager have agreed that the EHA's needs are too much for the present computer system. rs. Jonas stated that the Clerical Technician for the Rehab Program started last Tu sday . Mrs. Jonas stated that the new Clerical Technician's name is Janet Grimmett and sh has very good qualifications for this posi tion. Discussion ensued regarding the EHA getting their own software package and comp uter system. Publ ic Housing Management Ms. Powers stated that there was a meeting last Friday with the former and the present Fire Marshal s and approximately 15 other people who had been involved in the July 20 , 1981 me ing concerning the sprinkler sys tem being waived. Ms. Powers stat d that before the m eting she spoke with the fo rmer Fire Marshal and h told her that he did waive th fire sprinkler system requ irem nt, and that he didn't know it was a federal project. He s id he wouldn't have waived the requirement if h had known it was a fed ral project because of the 101 Life fety Code wh ich applies to federal proJe ts. Ms. Powers stat d t 'lat Ca r l fischer had tal that this was not tederal proj ct b caus 'lr th. t th proj t is not t it rt ag" insurdnc program. do d to Jac k indsor at HUD who said it is not fed rally fund d. derally fund d, according to HUD; fh r eto re, the 101 Life Safety Cod from them stating that the us th pr nt Fir r • J dJutln 'lis til ln • didn't apply thea t ndarda. 1 tion th t this 101 Life th r quirement iv d and it ncy thi ia t in a w uld have to Ut 1 ( t h d V I 0 1 r s r that that ry th t • • - • • • • or if the ERA will have to pay for items that were dropped from the developer's packet without ERA's authorization. These items include the drapes and the landscape sprinkler system. Discussion ensued. Mrs. Jonas stated that she had asked Mr. Chandler of Nelson-Roth to submit a schedule for the change orders on the drapes and landscaping sprinkler system . Mr. Chandler sent a schedule stating that the sprinkler system change order s h ould be done approximately September 15th and the drapes approximately October 15th. Mrs. Jonas stated that no action has been taken on this yet. Discussion ensued regarding this matter. Mrs. Jonas stated that she has a meeting with Karen Smith, the Interior Designer from Max Saul 's office, on Friday to review her furnishing plans and recom - mendations for the new building. Mrs. Jonas stated that Carl Fischer called her yesterday stating that he just discovered that the seventh floor community room is unfinished; it has cement floors, unpainted walls and no floor covering of any kind. Mrs. Jonas stated that this affects Ms. Smith's budget as she may now have to add floor coverings and paint for the seventh floor to her budget. Mrs. Jonas stated that the landscaping sprinkler system cost is $11,992 to install. Mr. Fischer spoke with Jack Windsor from HUD who said that the architec t should provide plans and specifications and it should be put out t o bid. Mr . Fischer said that it would be better to have Brady Corporation's subcontractors bring in two bids. Discussion ensued. Discussion ensued regarding the drawdown p r ocedure for the funds for the public housing project. Discussion ensued regarding the Floyd Street and Broadway intersection problem. Mrs. Jonas stated that HUD has called a meeting and have asked seven people who are small cities representatives tha t belong t o NAHRO and seven people wi th the Municipal League to com to Washington, D.C . on August 24th to discuss the new regulations and changes in the comm unity development program based on the programs being transferred to the State instead of being run out of HUD. Mrs. Jon as stated that she was one of the seven people asked by NAHRO to attend this meeting. She stated that the problem is that Ms. Powers had recently ·gone toCity Council to g t permi sion for her to go to Billings, Montana for a NAHRO meeting. The City has a stric t travel policy for employees on out-of-state trips. Mrs. Jonas stated that the Community Development Department feels this is an important meeting to attend , and that Engl wood wou ld be involved in this meeting as the outcome of th s changes would impact En lewo od. Ms. Powers recently did a Council Communi c ations to see if the City Manager would b willing to nd it to Council for approv 1. Th funds fo r this trip would co out of th n w 1981 CD grant. Th cost would be approximately $500. Ms. Bradshaw stat d that he thinks Mra. Jonas should o; th rest of th Board m mb rs gre d. Discussion nsu d r ardin this matt r. Th re b ing nothing furth r to discu , th m tin adjourn d at 8:50 P.M. -4- • • • ( • • • • The Englewood Housing Authority Minutes of the special meeting of August 12. 19 81 were officially approved by the Commissioners on January 27 . 1982. tl.~~ Chairman Englewood Housing Authority ranees Buck Jonas Executive Director Englewood Housing Authority • • ( • • - MINUTES OF ENGLEWOOD HOUSING AUTHORITY REGULAR MEETING December 16, 1981 The rescheduled regular meeting of the Englewood Housing Authority was called t o order by Chairman Thomas J. Burns at 5:20P.M. at the Simon Center, 3333 South Lincoln, Englewood, Colorado. Roll Call Members Present: Members Absent: Others Present: Thomas J. Burns, Chairman Betty Beier, Vice-Chairman Cindy Peterson Beverly J. Bradshaw Rev. Stan Fixter Frances Buck Jonas, Executive Director Rod Dornbusch, Project Manager, Brady Corporation Carl Fischer, Inspecting Architect Tom Chandler, Nelson-Roth of Colorado, Inc. Jack Buschmann, Nelson-Roth of Colorado, Inc. Ken Bieberly, Architectural Services Pl us Recording Secretary There was a tour of the elderly mid-rise from 4:00 P.M. to 5:00 P.M. Reading and Approval of Minutes The minutes of November 18, 1981 were considered for approval. K>TION CI NDY PETERSON MOVED AND BETTY BEIER SECONDED THE MOTION TO ACCEPT THE MINUTES OF NOVEMBER 18, 1981 AS WRITTEN. THE MOTION CARRIED AS FOLLOWS: AYES: NAYS: ABSENT: BURNS, BEIER, PETERSO NONE BRADSHAW, FIXTER Public Housing Project Construction Report Mr. Fisch r stated that the tal mansard roof is bein install d , nd th painting at the roof 1 vel has b n tart d. Mr. Fisch r atated that th a v nth floor drywall is complete and painting has start d. At th aixth floor drywall is complete and taping and finiahing is bein& done; on the fifth floor drywall is being hun • Hr. Fischer stated that on th fourth, third and s cond floord final el ctrical and copper pipin is bein don • Th h at baa b n on in th buildin for th past two w ka. Mr. Fisch r stat d that th construction is runnin about 10% ah ad of ach dul with co pletion to b around March 15, 1982 . • • - • • • • Concerning the outside doors for the handicapped units, ~!r. Fisc her stated that these have been changed to six (6) foot doors. These are very heavy doors with a lot of glass in the door. Discussion ensued regarding these doors. ~. Fischer stated that there was a problem in regards to the closets. He stated that the building is laid out on 24 foot centers on the columns; on the end units this meant that the outside wall subtracted 11 inches off the width of the unit. Mr. Fischer stated that the end result after the carpenter laid out the kitchen, bathroom, storeroom and hallway, was a 13 inch deep closet on the outside units. ~. Fischer stated that ~. Dornbusch found that if the hallway was changed from 4 feet 3 inches to 3 feet 4 inches, which is wide enough for the door and the trim, the closets could be enlarged, and HUD ap proved this method. The closets are now 24 inches deep. Mr s . Peterson asked about the status of the damaged sidewalks around the elderly mid-rise. Mr. Dornbusch stated that the City came out to inspect the damaged s id ewalks and marked the ones that had to be removed. Mr. Dornbusch stated that he a gr e ed with 95 % of what the City said was damaged by the construction crews; however, the City marked some s idewalks which were damaged prior to Brady Cons truc tion crews moving on the s ite. ~. Dornbusch stated that he has pictures showing the sidewalk damages prior to Brady Construction moving in on the site. Discuss i on ensued. Cha ng e Orders Mrs. Jonas s t a ted that the cont ingenc y balance amounts to $3 ,91 1 at this time . Mr . Fischer s tated tha t he ha d s everal change orders that h a dn 't been written ye t. Thes e pending ch a n ge order s h ave been ap proved by the Boar d and were con s i de red i n fig u ring the ab ove bal ance . Mr s . Jonas stated t h at on De c ember 7, 1981 a t elephone poll wa s t aken of all f ive Bo a rd member s . Al five we re contacted and all said 'yes' to doing the t o p s of the wal l s and n ot do ing the de c ks. The c o s t of this i s $4 ,158 . The Board now needs t o ratify the tel ephone poll . M>TION CINDY PETERS ON MOVED AND BETTY BE I ER SECOND ED THE MOTION TO RATIFY THE TE LEPHONE POLL TAKEN ON DEC EMB ER 7 , 198 1 REGARD I NG THE WATERPROOFIN G OF THE BAL CONY WALL TOPS. THE M>TION CARR IED AS FOLLOWS : AYES: NAYS: ABSENT: BURN S , BEIER, PETERSON NONE BRAD SHAW, FIXTER Mrs. Jon s show d th design draw i n g of t he s ign fo r Orchard Pl a c e. Mr s. Jon as stat d th t the s i n wi ll go on the w a t a i de no rth of t h e ma in entrance . Th main ntranc is on Lincoln St r e t. Mrs. B ier t ated that the a dd r ess s hould no t b Sh rman Str et , it should be Lincoln Street. Mrs. Peterson ask d if t h is addr ss could b chang d as this is go i ng t o be c on f u s ing to hav the ntrance on Lincoln Str t with the addrea b ing on Sh rman Str et . Mr s. Jona s s tat d that ah will c hec k with the Building Departm n t t o a e if thia a dd r sa can be chan ed. -2- • I • • • .. • Family Duplexes Mr. Burns stated that he was present at the session with HUDon December 7, 1981. He stated that the EHA was trying to get HUD to allow the grant money to be used for the purchase of the sites for the family duplexes. Mrs. Jonas stated that after the negotiation conference with HUD, there was a $70,000 difference between the developer's price and HUD's price. Mrs. Jonas stated that $21,000 of the $70,000 is because of not allowing Nelson-Roth to show the entire site costs on the budget, although they are showing the whole donation on the bottom of the budget. HUD's suggestion was to see if the EHA could somehow use the Community Development Block Grant (CDBG) money to buy the sites directly and then donate them to the developer; this way the EHA would not show any site cost nor any donation for sites. Mr. Dornbusch and Mr. Bieberly left the meeting. Mrs. Jonas stated that this issue was checked with the Community Development people at HUD and they are still considering whether they can let the EHA do this or not. Discussion ensued. Mrs. Jonas stated that HUD told her that $644,177 was the amount allowed in the budget for the development price. This included only $101,000 for the sites rather than $122,000 which is the actual cost. Mrs. Jonas stated that when the EHA went to HUD for the negotiation meeting, HUD's development pEica offer was then $608 ,000 based on the HUD cost estimates. Discussion ensued. Mr. Chandler stated that Nelson-Roth went through the specifications for the duplex project and then asked HUD what they were allowing for cabinets and other items. HUD was allowing a lower line of cabinets than Nelson-Roth was using. Mr. Chandler also asked HUD about the fences --chain link vs. wood, windows, etc. A chain link fence would cost less than a wood fence and would be better for maintenance purposes. Discussion ensued regarding several items Nelson-Roth is changing in the duplex uni t s fo r which th y are not receiving credit for from HUD. Mr. Chandler stated that Nelson-Roth is using a wood vinyl-clad window which is a very good , expensive window. Mr. Chandler stated that N l son-Roth is only getting credit for a metal window from HUD. Mr. Chandler stated that to go from an A-lin to an F-line exterior lock set would save about $400. To eliminate the bi-fold doors in front of th wa hers and dry rs wou ld sav $1 ,100. Mr. Chandler stated that if th brand of stov could be changed from G.E . to Brown, this wi ll c ut th pric $800 for a 24 inch stove. Mr. Chandl r stat d that Nelson-Roth has included an xp naiv , high quality torm door, nd to use a less exp nsiv door would save $400. H atat d that elson-Roth y not b receiving ny cr dit on the arb g Jiaposals which wou ld amount to approx i tely SSOO. Mrs. Jonaa stated th t arbage di poa ls ar call d for in th dev loper's pack t a~ w 11 as a 30 inch ran Mr. Chandler s tat d that v though th se it ms ar called for in the developer 's pack t and th it m have b n approv d, HUD is not willing to recognize th cost . Mr. Mr. lh that h didn't know if Nel son-Roth wa s gettin credit for this w uld av $11 ,000. Mr. Chandler stat d that wh n this i s without includin th c redit for th brick, th savings would be $19,000. t h 1 willin stat d that to put anythin in th dupl x proj ct that lson-Roth cannot build a custom-built proj ct -3- • • • • .. if HUD is not going to recognize the cost on a low-income budget. Mr. Chandler stated that unless HUD recognizes the cost and gives Nelson-Roth the credit for these costs, these better quality items cannot be included in the project. Discussion ensued. Mr. Chandler stated that he would like to know if the land deal with CD funds will go through. He stated that as soon as he knows if the land deal is favorable, he will ask Gene (who works for Nelson-Roth) to start rebidding; then he will go to the Cost Division at HUD and go over everything by line item to see what the differences are. Mr. Chandler stated that it will take approximately tw o weeks to get the bids back in. Mr. Chandler stated that Nelson-Roth has to rewrite the specifications before sending out for bids. Discussion ensued. Mr. Chandler stated that the plans and specifications will have to be changed if some of the items are down-graded. He stated that he would like to get the revised plans and specifications sent to Carl Fischer to review and to HUD soon in order for Mr. Fischer to make his recommendation to the EHA. Carl Fischer, Tom Chandler and Jack Buschmann left the meeting at 6:25 P.M. There was a short break for dinner. Staffing for Public Housing Units Mrs. Jonas stated that the EHA will need additional management and maintenance staff when the new building is opened. The estimated completion date is April lst at the present time. Mrs. Jonas stated that the public housing program has more stringent regulations for operation than the Simon Center has because Simon Center is a Section 8 New Construction project. Mrs. Jonas stated that staff has not been able to prepare management policies and procedures because Congress changed the laws in August and the regulations still have not been published. Mrs. Jonas stated that the minimum time period for processing applications and implementing lease-ups is three months, which is approximately the amount of time left before the building is to be completed. Mrs. Jonas stated that since the EHA has to have p ople processed and ready to move in, the EHA cannot wait to see the new regulations and will have to prepare the policies based on what is in effect now. Mrs. Jonas stated that the staff workload and short time frame does not allow the ERA to handle these duties with the staffing we have at present. Mrs. Jonas recommended in her m mo of December 16, 1981 an interim staffing plan for the management preparation p riod as well as a p rmanent staffing plan for op ration one the building is occupied. Mr s . Jonas stated that ny o f the plana for th perman nt organiz tion structur he's using hav b en adopt d from Littl ton Housing Authority. Sh stated that t h mo a t important chan e in th perman nt organization structure ia having a day time manager in c har of all the ERA-owned units and S ction 8 Existing Pro ram. This nag r would rk out of th Simon C nter office and be aaaiat d by a Cl rical Mana m nt Aid at th Simon C nt r and a Kanag nt Aide ataffin th Or c hard Place offic a th r haa to b aomeone on duty at both buildings. Mr s . J ona a s tated that this ayst m is cheaper than continuin th way the pre nt nag nt syat is run and eddin additional high-pric d sup rvisora ov r th -4- • • • • • - present Resident Managers. Resident Managers at both buildings would be on duty nights and weekends and would be relieved by an Assistant Manager two nights a week and one weekend a month. Mrs. Jonas stated that these are very low-paying positions. Mrs. Jonas stated that the maintenance for all the ERA-owned units will be handled by a Maintenance Supervisor and one and a half or two maintenance assistants depending on the workload and the budget. The Simon Center Management Aide would also provide clerical assistance to the maintenance supervisor who wi ll have an office in the basement of the Simon Center. Mrs. Jonas stated that the management position can be filled by the ERA's present Section 8 Existing Program Specialist, Pat Arnett. Ms. Arnett has worked for the ERA for two years on the Section 8 Existing Program and has proven that she can handle both the paperwork and the people very effectively. Mrs. Jonas stated that Ms. Arnett has expressed an interest in managing elderly housing complexes. Discussion ensued. Mrs. Jonas stated that Ms. Arnett will be helping set up the policies and procedures for public housing management and supervise the lease-up and tenant selection process for Orchard Place while continuing her responsibilities f or the Section 8 Existing Program. Mrs. Jonas stated that Ms. Arnett will need additional assistance in handling the Section 8 Program; therefore, the ERA will need to hire a temporary Management Aide for approximately four months until people are moved into Orchard Place. Mrs. Jonas stated that there is a possibility that the person who is hired on a temporary basis will then become the person who is hired permanently as the Simon Center Management Aide. Mr s. J onas stated that this temporary Management Aide would be comparable t o a City Cl eric al Technic ian and would be temporary for four months at $1,044/month. The funding for this position would come from the Section 8 Ex i sting Program. Disc u s sion ensued . ~ BETTY BEIER MOVED AND CINDY PETERSON SECONDED THE MOTION TO ENDORSE THE RECOM- MENDATION FOR THE TEMPORARY MANAGEMENT AIDE AND THE FUNDING FOR THIS POSITION. THE MOTION CARRIED AS FOLLOWS : AY ES: NAYS: AB SENT: BURNS, BEIER, PETERSON NONE BRADSHAW, FIXTER R hab Report -Status Report Mrs. Jonas stated that by the nd of December, 1981, the ERA will b ahead of the schedule that was submitt d to HUD on the amount of mon y sp nt for th 1981 CDBG funds. Mrs. Jonas stat d that the $100,000 from th City will b come available the firet of 1982. Hr. Burna inquired bout th b nk pres ntation. Mrs. Jonas stat d th t this pr s ntation ~11 be h ld to show the bankers what the EHA hae accompliehed with th line of credit that th y hav submitted to th EHA thus far, and to requ at additional funde. Mra. Jonas stated th t Tom Dinkel of Firat Int retat B nk o -5- • • • • • - Englewood is responsible for much of the success of the Rehab Program. Mr. Dinkel has done a lot of work with the Rehab Program and with other banks for the Rehab Program. Discussion ensued. 1979 Lump Sum Drawdown Agreement Mrs. Jonas stated that the ERA received a response from the bank regarding the ERA's proposed revised agreement. Mrs. Jonas stated that she and Mr. Dinkel felt they could go along with the opinion; then the opinion was sent to the ERA's attorney, Kirk Wickersham. Mr. Wickersham has not been able to prepare an opinion on the bank attorney's opinion of the proposed revised agreement. ~ CINDY PETERSON M:>VED AND BEITY BEIER SECONDED THE M:>TION TO ALLOW THE EXECUTION OF THE PROPOSED REVISED BANK AGREEMENT IF THE ENGLEWOOD HOUSING AUTHORITY'S COUNSEL DOES NOT HAVE ANY OBJECTIONS TO THE PROPOSED CHANGES. THE M:>TION CARRIED AS FOLLOWS: AYES: NAYS: ABSENT: BURNS, BEIER, PETERSON NONE BRADSHAW, FIXTER Bank Presentation Mrs. Jonas stated that the bank presentation is to be held Friday, December 18, 1981 at 10:00 A.M. Discussion ensued regarding this presentation. Legal Actions Mrs. Jonas briefly discussed the loan applicant who had a partly finished job and decided to fire their contractor and get a loan from the ERA to finish the work on their home. The contractor who was fired put liens on this applicant's house and it evolved into a court case. The ERA could not close on this case until the court case was settled. Mrs. Jonas stated that construction interest is accruing on this loan and Mrs. Knopinaki is looking into charging them interest only payments, because as long as the construction interest is accrued, when it's time for the final closing , the principle amount will be more than the loan limit. Mrs. Jonas discussed the rehab loan case which consisted of misuse of funds. The ERA was going to foreclose on this home, but it was determined later that th EHA might not get their money back as the house was in such bad shape. The f mily's permanent loan closing is set forD cember 22, 1981, and th ir attorney will attend the closing. Mra. Jonas stated that thia family will be king two pay nt1 to th EHA --on payment to pay off he misused funda and one pay nt to pay off th 1econd mort a e baa d on a aettl nt agr e nt approved by all p rtiel involv d. Mra. Jon a diacuaa d anoth r rehab loan caa that the ERA for closed on nd who, in turn, filed bankruptcy. Thi1 client haa not b en payins on her loan ainc filing bankruptcy. Th EHA'1 attorney ha1 Iince appli d for a di mi11al of d fault nt, and if thi1 11 approved, the EHA will again att mpt to foreclo1 on th Oi1cu1aion n1u d. S tion 8 !xi1tins Report Mr1. Jon 1 ltat d that th ERA ie havin IIUD h 1 atven th EHA n ext neion of th -6- problema leaain up th Section 8 unita. 1 ae -up ach dule untilJanaury 31, 19 2. • • • • • • Mrs. Jonas stated that many of the units the Section 8 tenants are living in ( are no longer accepting children. She stated that the ERA will ask HUD for an addition to the Fair Market Rent (FMR) for the two-bedroom units because the market rents for two-bedroom units are above existing FMR. Discussion ensued. Simon Center Status Report Mrs. Jonas briefly discussed the Simon Center status report. She stated that the ERA needs to set a definite policy that allows staff to get a special evaluation on the applicant's ability to live independently. Mrs. Jonas explained Mrs. Knopinski's recommendation concerning a tenant's ability to live independently. She stated that the physician signing the medical statement must verify that he or she has examined the patient within 90 days of the date signed. Mrs. Knopinski has since recommended that this examination should take place within 30 days instead of 90 days. At the time of the interview with the applicant, if the ERA staff person has reason to believe that the applicant may not be able to live independently, the staff person may require a second professional evaluation of the applicant's health and capabilities. This would be through the Swedish Gerantology Division. Mrs. Jonas stated that the ERA would contract with Swedish for this service. She stated that if the tenant's health deteriorates to the point where he or she can no longer care for themselves, EHA staff will bring this problem to the fami ly's attention and may have a professional evaluation of the res ident. Discussion ensued. Mrs. Beier asked how long the ERA would hold an apartment when a tenant has to be in the hospital or a nursing home temporarily. Mrs. Jonas stated that the ERA needs to set up a policy on this. Action on this matter will be taken at the January Board meeting. MJTION BETTY BEIER MOVED AND CINDY PETERSON SECONDED THE MJTION TO ENDORSE THE RECOM- MENDATION OF THE POLICY STATEMENT REGARDING INDEPENDENT LIVING REQUIREMENTS FOR RESIDENTS OF ENGLEWOOD HOUSING AUTHORITY OWNED PROPERTY WITH THE REVISION THAT THE EXAMINATION OF THE APPLICANT BY A DOCTOR BE CHANGED FROM 90 DAYS FROM THE DATE OF THE SIGNING OF THE MEDICAL FORM TO 30 DAYS. THE MJTION CARRIED AS FOLLOWS: AYES: NAYS: ABSENT: BURNS, BEIER, PETERSON NONE BRADSHAW, FIXTER Hr. Burna stated that th policy should b incorporated into the residential 1 s . t Hra. Jonas stated that the EHA h a a lease with th City of Engl wood on the baa m nt of th Simon Center which states that th EHA ill allow d to us a certain mount of the baa ment. Mr. VanD mark, Technical S rvicea Sup rviaor, infor d Hr • Jonas that th ERA is curr ntly using more than th allowabl amount. Mrs. Jonaa atated that ah asked Ms. Powers to aak Rich Wanuah, Assistant City Mana r, if th City had any plana for th b nt and if they uld b willin to allow th EHA to use th baa nt if nee a ary for additional maint nance apace. Mra. Jonaa atated that th City currently has no plana or th baa nt nd would ba willing to r via th t r. of th 1 a -7- • • -• • - Mro. Joooo •<•<ed <he< M•. Voone.,,k ••id <he•e ix o oeed fo, o .,,, ex<eooive '"io<eooooe ohop due <o <he in<•eooed maio<eooooe •<<ivi<ieo. M•x. Joooe •<•<ed <ho< '' <he P••••o< <ioe o lo, .. PO•<ioo of <he Simoo Ceo<•• booemeo< io <•keo up by •••iden<o' ''•••ge look•••· M•. VooDema•k would like <o eo<looe oo •••• of 'PP•••"-<ely 1,600 oquo•e fee< '' <he oou<h eod of <he booemeo< fo, maio<eooooe, and this would be used by all ERA-owned properties. "''· Jooox •<o<ed <h•< <he•e io •leo o oeed fo, opplioooe ''•••ge opooe •• <he<e ••• addi<iooal o<oveo and ••f•ige•a<o•o in <he boxemeo<. M•. Voon..,,k would like ao •••• of <he booemeo< <o ''••• <heee opplioooee whe•e <hey <ao be eoolooed aod looked aod P••<•o<ed f•oo due<. Thio would ••qui•e o ''"11 ••ea of 'PP•oxi- ma<ely 800 oquoo. fee< io <he booe.,., fo• <hie o<o•age. Theee P•opoeed •••••, eo well ao <he exio<iog uooge, would iovolve opp•oxi.,<ely 60-65% of <he <o<ol basement area. Discussion ensued. ~TION CINDY PETERsoN MOVED AND BtTTy BEIER SECONDED THE MOTION TO ASk THE CITY TO REVISE TilE LEASE ON Tim SO<>N CENTER &SilM£NT IN ORDER TO HAVE A SlfALI. AREA OF 800 SQUARE FEET AT THE NORTH END OF THE BAsllM£NT FOR STORACE OF UNusED REFRIGERATORS AND STOVEs. AND IN ORDER TO IIAVE ADDITIONAL SPACE FOR A MAINTENANcE l<>RKsRoP. THE MOTION CARRIED AS FOLLOWS: AYES: BURNs, BEIER, PETERSON NONE NAYS: ABSENT: BRADSHAW, FIXTER Proposed ProJects ~d Rehab M•e. Jooae e<o<ed <he< <he•e ••• oo oew developmeo<o oo <he Mod Rehob P•oJeo<. MUCH Propertz Hre. Joooo •<•<ed <ho< ehe hoe oo< fouod ou< whe<he, o• oo< Peg S<oakeo f•oo Kouo<oio Ooi<ed Chu•oh Rouetog (MUcH) go, <ho p•ope•<y ohe wao lookiog '' fo• housing for low income families. Mendel Section 8 Hro. Joooo o<o<ed <he< Hr. Keodel io o d velope•/1 odlo•d/ooo<••o<o• who hoe P•oJe<<o io Edgev,,,, ood Tbooo<oo. M•o. Joooo ''''•d '"'' M•. Mendel hoe 55 uoi<o f•oo Colo•odo Rouoing Piooooe Au<ho•i<y (CRFA) of Seo<ioo 8 Nov Cooo<<u<<ioo faoily ood ••• <•yiog <o build <heoe uoi<o io Joff•••oo Couo<y, bu< <h oeighbo•o dido'< app•ov of <he P••J•<<. Hr. Mod 1 hao oow ••<oiv d perof oioo from W hiog<oo <o <••••f•• <h 55 uoi<o. CHPA <old Hr. M Odol <ho< if he <••• f •• d th unita to Engl wo od, they would 1 t him build th m. Hro . Joooo ''''•d <ho< Hr. Mood 1 fouod ooo lood in Eogl wood by C "' ooiol '••k •hioh io •oo d fo• 70 oni<o, ood ho ooly w o<o <o build 55 uoi<o. Hro. Joooo •<•<od <ho< M•. M odol would hav <o ''' o ploonod dov lopoeo< f•oo <h Plaootog D '''''""' ohowiog how <he buildingo WOUld fi< oo <ho ''''· Hro. Joooo '''' d that thea unita would conaiat of three-atory walkup apartmenta. Hro. Joo o '''' d <ho< h • oooo oo wo o hovtog 55 uoi<o of footli • all oo oo oi<o. Sh vioi< d <woof M•. H odol'o P•oJao<o io Ed wo< • aod '"' v ey 1 •••••ad by <h •• w 11-ooto<oio d 11-y,,, old uoi<o ood <ha oppeo•ooo o <h -8- • • • • • • Concerning the outside doors for the handicapped units, Mr. Fischer stated that these have been changed to six (6) foot doors. These are very heavy doors with a lot of glass in the door. Discussion ensued regarding these doors. Mr. Fischer stated that there was a problem in regards to the closets. He stated that the building is laid out on 24 foot centers on the columns; on the end units this meant that the outside wall subtracted 11 inches off the width of the unit. Mr. Fischer stated that the end result after the carpenter laid out the kitchen, bathroom, storeroom and hallway, was a 13 inch deep closet on the outside units. Mr. Fischer stated that Mr. Dornbusch found that if the hallway was changed from 4 feet 3 inches to 3 feet 4 inches, which is wide enough for the door and the trim, the closets could be enlarged, and HUD approved this method. The closets are now 24 inches deep. Mrs. Peterson asked about the status of the damaged sidewalks around the elderly mid-rise. Mr. Dornbusch stated that the City came out to inspect the damaged sidewalks and marked the ones that had to be removed. Mr. Dornbusch stated that he agreed with 95% of what the City said was damaged by the construction crews; however, the City marked some sidewalks which were damaged prior to Brady Construction crews moving on the site. Mr . Dornbusch stated that he has pictures showing the sidewalk damages prior to Brady Construction moving in on the site. Discussion ensued. Change Orders Mrs. Jonas stated that the contingency balance amounts to $3,911 at this time. Mr. Fischer stated that he had several change orders that hadn't been written yet. These pending change o rders have been approved by the Board and were considered in figuring the above balance. Mrs. Jonas stated that on December 7, 1981 a telephone poll was taken of all five Board members. Al five were contacted and all said 'yes' to doing the tops of the walls and not doing the decks. The cost of this is $4,158. The Board now needs t o ratify the telephone poll. KlTION CINDY PETERSON MOVED AND BETTY BEIER SECO NDED THE MOTION TO RATIFY THE TELEPHONE POLL TAKEN ON DECEMBER 7, 1981 REGARDING THE WATERPROOFING OF THE BALCONY WALL TOPS. THE MOTION CARRIED AS FOLLOWS: AYES: NAYS: ABSENT: BURNS, BEIER, PETERSON NONE BRADSHAW, FIXTER Mrs. Jonas show d the d si n drawing of th sign for Orchard Place. Mrs. Jona stated that th sign will go on the west side north of the maio ntranc • The main ntrsnce is on Lincoln Street. Mrs. B ier atated that the addreaa ahould not be Sherman Street, it ahould be Lincoln Street. Mra. Pet raon ask d if this address could b changed aa this is goin to b confuting to have the ntranc on Lincoln Str et with th addresa b ing on Sherman Str et. Mra. Jonas stated that ahe will ch ck with th Building D part nt to e if this addresa can be changed. -2- • I • - ( • • • - MINUTES OF ENGLEWOOD HOUSING AUTHORITY REGULAR MEETING December 16, 1981 5 A The rescheduled regular meeting of the Englewood Housing Authority was called to order by Chairman Thomas J. Burns at 5:20P.M. at the Simon Center, 3333 South Lincoln, Englewood, Colorado. Roll Call Members Present: Members Absent: Others Present: Thomas J. Burns, Chairman Betty Beier, Vice-Chairman Cindy Peterson Beverly J. Bradshaw Rev. Stan Fixter Frances Buck Jonas, Executive Director Rod Dornbusch, Project Manager, Brady Corporation Carl Fischer, Inspecting Architect Tom Chandler, Nelson-Roth of Colorado, Inc. Jack Buschmann, Nelson-Roth of Colorado, Inc. Ken Bieberly, Architectural Services Plus Recording Secretary There was a tour of the elderly mid-rise from 4:00 P.M. to 5:00 P.M. Reading and Approval of Minutes The minutes of November 18, 1981 were considered for approval. ~TION CINDY PETERSON ~VED AND BETTY BEIER SECONDED THE MOTION TO ACCEPT THE MINUTES OF NOVEMBER 18, 1981 AS WRITTEN. THE MJTION CARRIED AS FOLLOWS: AYES: NAYS: ABSENT: BURNS, BEIER, PETERSON NONE BRADSHAW, FIXTER Public Housing Project Construction Report Mr. Fischer stated that the m tal mansard roof is b in inetalled, and the painting at the roof lev 1 has been atarted. Mr. Fisch r atated that th venth floor drywall ia compl t and psintin haa atarted. At th aixth floor drywall is complete and taping and finiahin ia being done; on th fifth floor drywall ia b ing hung. Mr. Fiacher atst d that on the fourth, third nd 1 cond floord final el ctrical and copper pipin& ia b ina don • Th h at has b n on in th building or the past two w eka. Mr. 11 h r stated that th conatruction 1 runnin about 10% ah ad of achedul with co.plet1oo to b round March 15, 19 2 . • I • • • • • CORRECTION THE PRECED!fiJG DOCUMENT OR BLANK FRAME HAS EEE:V REMICROF!L'ITED TO ASSURE LEGIEILITY AND ITS IMAGE APPEARS IMME!JIA TEL Y HEREAFTER. • I . • • • if HUD is not going to recognize the cost on a low-income budget. Mr. Chandler stated that unless HUD recognizes the cost and gives Nelson-Roth the credit for these costs, these better quality items cannot be included in the project. Discussion ensued. Mr. Chandler stated that he would like to know if the land deal with CD funds will go through. He stated that as soon as he knows if the land deal is favorable, he will ask Gene (who works for Nelson-Roth) to start rebidding; then he will go to the Cost Division at HUD and go over everything by line item to see what the differences are. Mr. Chandler stated that it will take approximately two weeks to get the bids back in. Mr. Chandler stated that Nelson-Roth has to rewrite the specifications before sending out for bids. Discussion ensued. Mr. Chandler stated that the plans and specifications will have to be changed if some of the items are down-graded. He stated that he would like to get the revised plana and specifications sent to Carl Fischer to review and t o HUD soon in order for Mr . Fischer t o make his recommendation t o the EHA. Carl Fischer, Tom Chandler and Jack Buschmann left the meeting at 6:25 P.M. There was a short break fo r dinner. Staffing for Public Housing Units Mrs. Jonas stat d that the EHA will need additional management and maintenance staff when the new building is opened. The estimated completion date is April 1st at th pre nt time. Mrs. Jonas stated that the public housing program has more stringent regulations for op ration than th Simon Center has because Simon Center is a Section 8 New Construction project. Mrs. Jonas stated that staff has not been able to prepare management policies and procedure s because Congress changed the laws in August nd th regulations still have not been published. Mrs. Jonas stated that th minimum time period for processing applications and implementing lease-ups is three months, which is approximately the amount of time left before th building is to be compl eted . Mrs. Jona s stated that since the EHA has to hav p ople processed and ready t o move in, the EHA cannot wait to ee th n w regulations and will have to prepare the policies based on what ia in effect now. Mrs. Jonas stat d that th staff workload and short time frame does not allow the EHA to handle theee dutiee with th staffing w hav at present. Mrs. Jonas r co nd d in her mo of D cemb r 16, 1981 an interim staffing plan for the mana e nt preparation period as w 11 as a p rman nt staffing plan for operation once the buildin is occupi d. Hr . Jonas etated that ny of the plans for the permanent organization etructure she's usin hav b n adopt d from Littleton Housing Authority. Sh stated that th moat important chan in the p raan nt organization structure is having a dayt manag r in charge of all th EHA-owned units and S ction 8 Existing Program. !hie nagar would rk out of th Simon Center offic and be assist d by a Cl rical Mana m nt Aid at th Simon C tar and a Manag nt Aid sta fing th rd Place offic as th r has to b so on on duty at both buildin •· Jonas stat d that this ayst a is ch ap r than continuin th w y the pre nt na nt ayst a is run nd addin dditional hi h-pric d sup rvi ora ov r th -4- • I • • • .. Family Duplexes Mr. Burns stated that he was present at the session with HUD on December 7, 1981. He stated that the EHA was trying to get HUD to allow the grant money to be used for the purchase of the sites for the family duplexes. Mrs. Jonas stated that after the negotiation conference with HUD, there was a $70 ,000 difference between the developer's price and HUD's price. Mrs. Jonas stated that $21,000 of the $70,000 is because of not allowing Nelson-Roth to show the entire site costs on the budget, although they are showing th e wh ole donation on the bottom of the budget. HUD's suggestion was to see if the EHA could somehow use the Community Development Block Grant (CDBG) money to buy the sites directly and then donate them to the developer; this way the EHA would not show any site cost nor any donation for sites. Mr. Dornbusch and Mr. Bieberly left the meeting. Mrs. Jonas stated that this issue was checked with the Community Development people at HUD and they are still considering whether they can let the ERA do this or not. Discussion ensued. Mrs. Jonas stated that HUD told her that $644,177 was the amount allowed in the budget for the development price. This included only $101,000 for the sites rather than $122,000 which is the actual cost. Mrs. Jonas stated that when the EHA went to HUD for the negotiation meeting, HUD's development pEice offer was then $608 ,000 based on the HUD cost estimates. Discussion ens ued. Mr. Chandler stated that Nelson-Roth went through the specifications for the dupl ex project and then asked HUD what they were allowing for cabinets and other items . HUD was allowing a lower line of cabinets than Nel son-Roth was using. Mr. Chandler also asked HUD about the fe nces --chain link vs. wood, wind ows, etc. A chain link fence would cost less than a wood fence and would be better for maintenance purposes. Discuss ion ensued regarding several items Nelson-Roth is changing in the duplex units for which they are not r eceiving credit for from HUD. Mr . Chandler s tat d that N lson-Roth is using a wood vinyl-clad window whi ch is a very good , exp nsiv window . Mr. Chandler stated that Nel on-Roth is only getting credit for a metal window from HUD. Mr. Chandler tated that to go f rom an A-line to an F-lin exterior lock set would save about $400. To eliminate the bi-fold doors in f ront o f th wa s hers and dryer s would save $1,100. Mr. Chandler stated that if th br nd of stov s could b changed from G.E. to Brown, this will cut the price $800 for a 24 inch atov Mr. Chandl r stated that Nelson-Roth has includ d an xp nsive, high quality s torm door, and to use s less xpensiv door would sav $400. H sta ted that lson-Roth may not be r ceiving any cr dit on the aarbag ispo ls which would pproximat ly $500. Mrs. Jonas stated th t g rb g dispos ls ar call d in th d velop r's packet aa w 11 as a 30 inch rang • Mr . Chandl r at t d that n though th a items ar called for in the develop er 's pack t and the it ma n approv d, HUD is not willing to r cognize th oat . Mr. Ch ndl r th brick but all add d up, app r o ximately tat d that he didn't know if N lson-Roth was g tting cr dit for this would av $11,000. Mr. Ch ndler sta ted that when this i s without including th cr dit for the brick, th savings would b $19,000. Mr. Ch ndler stat d that h ia willin to put anythin in th duplex proj ct that th ERA want s. H also a t ted that N lson-Roth cannot build a custom-built proj t -3- • I • • • - Englewood is responsible for much of the success of the Rehab Program. Mr. Dinkel has done a lot of work with the Rehab Program and with other banks for the Rehab Program. Discussion ensued. 1979 Lump Sum Drawdown Agreement Mrs. Jonas stated that the EHA received a response from the bank regarding the ERA's proposed revised agreement. Mrs. Jonas stated that she and Mr. Dinkel felt they could go along with the opinion; then the opinion was sent t o the ERA's attorney, Kirk Wickersham, Mr. Wickersham has not been able to prepare an opinion on the bank attorney's opinion of the proposed revised agreement. MOTION CINDY PETERSON MOVED AND BETTY BEIER SECONDED THE MOTION TO ALLOW THE EXECUTION OF THE PROPOSED REVISED BANK AGREEMENT IF THE ENGLEWOOD HOUSING AUTHORITY'S COUNSEL DOES NOT HAVE ANY OBJECTIONS TO THE PROPOSED CHANGES. THE MOTION CARRIED AS FOLLOWS: AYES: NAYS: ABSENT: BURNS, BEIER. PETERSON NONE BRADSHAW, FIXTER Bank Presentation Mrs. Jonas stated that the bank presentation is to be held Friday, De c ember 18, 1981 at 10:00 A.M. Discussion ensued regarding this presentation. Legal Actions Mrs. Jonas briefly discussed the loan applicant who had a partly f inished job and decided to fire their con tractor and get a loan from the EHA to finish the work on their home. The contractor who was fired put liens on this applicant's house and it evolved into a court case. The EHA could not close on this case until the court case was settled. Mrs. Jonas stated that construction int rest is accruing on this loan and Mrs. Knopinski is looking into charging them interest only payments, bee us as long as the construction interest is accrued, wh nit's time for the final closing , the principle amount will be more than the loan limit. Mrs. Jonas discussed the rehab loan case which consisted of misuse of fund . The EHA was going to foreclose on this home, but it wa s determined later that th EHA might not g t their money back as the bouse wa in such bad abap . The family's permanent loan cloain ia set forD cemb r 22, 1981, and th ir attorn y will attend the closing. Mrs. Jonas stated that this family will be making two payments to th ERA --one payment to pay off the miaua d funds and on paym nt to pay off th econd mort a e baa d on a ettl nt agr ement approv d by all parti involved. Mrs. Jonas discuss d anoth r rehab loan case that th ERA foreclos d on and who, in turn, filed bankruptcy. This client has not been paying on h r loan sine filing bankruptcy. The ERA's attorn y baa since appli d for a dismissal of d fault agr m nt, nd if this is approved, the EHA will ag in attempt to or clos on th house. Oiecusaion ensu d. S ction 8 Existina Report Mrs. Jon s stated that th EHA is havin probl HUD has giv n th ERA n extenaion of the 1 aa -6- • unite. 31, 1 2. I • ( • • • • present Resident Managers. Resident Managers at both buildings would be on duty nights and weekends and would be relieved by an Assistant Manager two nights a week and one weekend a month. Mrs. Jonas stated that these are very low-paying positions. Mrs. Jonas stated that the maintenance for all the ERA-own ed units will be handled by a Maintenance Supervisor and one and a half or two maintenance assistants depending on the workload and the budget. The Simon Center Management Aide would also provide clerical assistance to the maintenance supervisor who will have an office in the basement of the Simon Center. Mrs. Jonas stated that the management position can be filled by the ERA's present Section 8 Existing Program Specialist, Pat Arnett. Ms. Arnett has worked for the ERA for two years on the Section 8 Existing Program and has proven that she can handle both the paperwork and the people very effectively. Mrs. Jonas stated that Ms. Arnett has expressed an interest in managing elderly housing complexes. Discussion ensued. Mrs. Jonas stated that Ms. Arnett will be helping set up the policies and procedures for public housing management and supervise the lease-up and tenant selection process for Orchard Place while continuing her responsibilities for the Section 8 Existing Program. Mrs. Jonas stated that Ms. Arnett will need additional assistance in handling the Section 8 Program; therefore, the ERA will need to hire a temporary Management Aide for approximately four months until people are moved into Orchard Place . Mrs. Jonas stated that there is a possibility that the person who is hired on a temporary basis will then become the person who is hired permanently as the Simon Center Management Aide. Mrs. Jonas stated that this temporary Management Aide would be comparable to a City Clerical Technician and would be temporary for four months at $1,044/month. The funding for this position would come from the Section 8 Existing Program. Discu ssion ensued. ~ BETTY BE IER I«>VED AND CINDY PETEllSO SECONDED THE I«>TION TO ENDORSE THE RECOM- MENDATION FOR THE TEMPORARY MANAGEMENT AIDE AND THE FUNDING FOR THIS POSITION. THE HOTION CARRIED AS FOLLOioiS: AYES: NAYS: ABSENT: BURNS, BEIER, PETERSO NONE BRADSHAW I FIXTD R hab Report -Status R port Mra. Jonas stated that by th d of D ceab r, 1981, th ERA will b ah ad of th ach dule that aa ubaitt d to HUD on th amount of money spent for th 1981 CD unda. Kra. Jonas stated that th $100,000 fro. th City will beco availabl the first o 19 2. Mr. pr pres ntation. Kra. Jonae stat d that this th b kera what th !HA baa accoapliah d with y h v ubaitt d to th !HA thus far, nd to r qu at a stat d that T Dink 1 of Firat Int rata e B n o -5- • I • • • • .. • Mrs . Jonas s tated that Mr. VanDemark said there is a need for a more extensive ma in tenance shop due to the increased maintenance activities. Mrs . Jonas stated that a t the preseqt time a large portion of the Simon Center basement is taken up by residents' storage lockers. Mr. VanDemark would like to enclose an area of approximately 1,600 square feet at the south end of the ba s ement for maintenanc e, a nd this would be used by all ERA-owned properties. Mr s . Jonas stated that there is also a need for appliance storage space as there a r e add itional stoves and refrigerators in the basement. Hr. VanDemark would like an a r e a of the basement to store these applianc es where they can be enclosed a nd locked and protected from dust. This would require a small area of approxi- mately 800 square feet in the basement for this storage. These proposed areas, a s well as the existing usage, would involve approximately 60-65% of the total ba s ement area. Discussion ensued. I'()TION CI NDY PETERSON MOVED AND BETTY BEIER SECONDED THE MOTION TO ASK THE CITY TO REVISE THE LEASE ON THE SIMON CENTER BASEMENT IN ORDER TO HAVE A SHALL AREA OF 800 SQUARE FEET AT THE NORTH END OF THE BASEMENT FOR STORAGE OF UNUSED REFRIGERATORS AND STO VES, AND IN ORDER TO HAVE ADDITIONAL SPACE FOR A MAINTENANCE WORKSHOP. THE MOTI ON CARRIED AS FOLLOWS: AYE S: NAYS: AB SENT: BURNS, BEIER, PETERSON NONE BRADSHAW, FIXTER Propo sed Projects Mod Reha b Mrs. Jonas s t a ted that there are no new deve lopme nts on t h e Mod Rehab p r oj ec t. MUC H Prope rty Mrs. Jonas s t ated tha t s h e has no t foun d out wh th r o r no t Peg St oa ke s f r om Mou n tain Uni t ed Church Hou s ing (MUCH) got t he prop rty she w s looking at fo r housing for low income families. Mendel Section 8 Mrs. Jona s tated th t Hr. H ndel ia a developer/landlord/contractor who has p roj eta in Edgewater and Thornton. Mrs. Jonas stated that Hr. H ndel h a 55 units from Colorado Housing Finane Authority (CHFA) of S ction 8 N w Construction f amily and was tryin to build thea units in Jefferson County, but the n ighbora d i dn't approv of th proj ct. Mr. H nd 1 h a now r c iv d permiaai n from W abington to transfer th 55 units. CHFA told Hr. H ndel that if he tr nsf rr d th units to Engl wood, they would let him build them. Mrs . Jonas stat d that Mr. H nd 1 found a land in Engl wood by C nt nnial Park which is zoo d for 70 units, and h only wants to build 55 units. Mrs. Jonas stated that Mr. ndel would have to aat a plann d d v lop nt froa th Pl nnin D part n showing h th buildin a would fit on th sit • Mrs. J naa stat d that th a units would consist of thr -story w lkup apart nta. Mrs . J n a Sh h r concern w a havin two o Mr. K nd l'a proje 11-aaintain d 11-y u • a all on on and w a v ry app ranc o th ) I • • • • - Mrs. Jonas stated that many of the units the Section 8 tenants are living in are no longer accepting children. She stated that the EHA will ask HUD for an addi tion to the Fair Market Rent (FMR) for the two-bedroom units because the market rents for two-bedroom units are above existing FMR. Discussion ensued. Simon Center Status Report Mrs. Jonas briefly discussed the Simon Center status report. She stated that the EHA needs to set a definite policy that allows staff to get a special evaluation on the applicant's ability to live independently. Mrs. Jonas explained Mrs. Knopinski's recommendation concerning a tenant's ability to live independently. She stated that the physician signing the medical statement must verify that he or she has examined the patient within 90 days of the date signed. Mrs. Knopinski has since recommended that this examination should take place within 30 days instead of 90 days. At the time of the interview with the applicant, if the EHA staff person has reason to believe that the applicant may not be able to live independently, the staff person may require a second professional evaluation of the applicant's health and capabilities. This would be through the Swedish Gerantology Division. Mrs. Jonas stated that the EHA would contract with Swedish for this service. She stated that if the tenant's health deteriorates to the point where he or she can no longer care for themselves, EHA staff will bring this problem to the fami ly's attention and may have a professional evaluation of the resident. Discussion ensued. Mrs. Beier asked how long the EHA would hold an apartment when a tenant has to be in the hospital or a nursing home temporarily. Mrs. Jonas stated that the EHA needs to set up a policy on this. Action on this matter will be taken at the January Board meeting. K>TION BETTY BEIER MOVED AND CINDY PETERSON SECONDED THE MOTION TO ENDORSE THE RECOM- MENDATION OF THE POLICY STATEMENT REGARDING INDEPENDENT LIVING REQUIREMENTS FOR RESIDENTS OF ENGLEWOOD HOUSING AUTHORITY OWNED PROPERTY WITH THE REVIS IO N THAT THE EXAMINATION OF THE APPLICANT BY A DOCTOR BE CHANGED FROM 90 DAYS FROM THE DATE OF THE SIGNING OF THE MEDICAL FORM TO 30 DAYS. THE MOTION CARRIED AS FOLLOWS: AYES: NAYS: ABSENT: BURNS, BEIER, PETERSON NONE BRADSHAW, FIXTER Mr. Burna stat d th t th policy should be incorporat d into th resid ntial 1 as • Mra. Jonas stated that th EHA haa a leas with the City of Engl wood on the baa m nt of th Simon C nt r which atatea that the ERA is allow d to use a certain mount of th baa ment. Mr. VanD rk, Technical Servic s Sup rvisor, infor d Mrs. Jonas that th ERA ia currently using more than th allowab le amount. Mra. Jonas stated that ah asked~. Pow rs to aak Rich Wanuah, Assistant City Manag r, if th City had any plana or th baa ment and if th y would b willing to all w th EHA to u th baa nt if necessary for additional maintenanc ap c . Mra. d that th City currently haa no pl n a for th baa nt nd would b th taraa of tb laa -7- • I • • • • - Mrs. Jonas stated that many of the units the Section 8 tenants are living in are no longer accepting children. She stated that the ERA will ask HUD for an addition to the Fair Market Rent (FMR) for the two-bedroom units because the market rents for two-bedroom units are above existin g FMR. Discussion ensued. Simon Center Status Report Mrs. Jonas briefly discussed the Simon Center status report. She stated that the ERA needs to set a definite policy that allows staff to get a special evaluation on the applicant's ability to live independently. Mrs. Jonas explained Mrs. Knopinski's recommendation concerning a tenant's ability to live independently. She stated that the physician signing the medical statement must verify that he or she has examined the patient within 90 days of the date signed. Mrs. Knopinski has since recommended that this examination should take place within 30 days instead of 90 days. At the time of the interview with the applicant, if the ERA staff person has reason to believe that the applicant may not be able to live independently, the staff person may require a second professional evaluation of the applicant's health and capabilities. This would be through the Swedish Gerantology Division. Mrs. Jonas stated that the ERA would contract with Swedish for this service. She stated that if the tenant's health deteriorates to the point where he or she can no longer care for themselves, ERA staff will bring this problem to the family's attention and may have a professional evaluation of the resident. Discussion ensued. Mrs. Beier asked how long the ERA would hold an apartment when a tenant has to be in the hospital or a nursing home temporarily. Mrs. Jonas stated that the ERA needs to set up a policy on this. Action on this matter will be taken at the January Board meeting. ~ BETTY BEIER MOVED AND CINDY PETERSON SECONDED THE MOTION TO ENDORSE THE RECOM- MENDATION OF THE POLICY STATEMENT REGARDING INDEPENDENT LIVING REQUIREMENTS FOR RESIDENTS OF ENGLEWOOD HOUSING AUTHORITY OWNED PROPERTY WITH THE REVISION THAT THE EXAMINATION OF THE APPLICANT BY A DOCTOR BE CHANGED FROM 90 DAYS FROM THE DATE OF THE SIGNING OF THE MEDICAL FORM TO 30 DAYS. THE MOTION CARRIED AS FOLLOWS: AYES: NAYS: ABSENT: BURNS, BEIER, PETERSON NONE BRADSHAW, FIXTER Mr. Burna stated that the policy should be incorporated into the residential lease. Simon C nter Basement Mrs. Jonas stated that the ERA haa a lease with the City of Engl wood on the bas m nt of the Simon Center which states that the ERA is allowed to use a certain mount of the basement. Mr. VanD mark, Technical Services Supervisor, informed Mra. Jonas that the ERA is currently using more than the allowable amount. Mrs. Jonae etated that she aeked Ma. Powers to ask Rich Wanu sh , Aaaiatant City Manager, if the City had any plana for th basement and if they would b willing to allow the ERA to use th basement if neceaeary for additional maintenance apace. Mra. Jonas stated that the City curr ntly baa no plana for the baa ment and would b willing to revie th tara of the lea e. -7- • I • - • • • • The Englewood Housing Authority Minutes of the regular meeting of December 16, 1981 were officially approved by the Commissioners on January 27, 1982. Executive Director Englewood Housing Authority • I . • I. CALL TO ORDER. • • - URBAN RENEWAL AUTHORITY January 13, 1982 The Urban Renewal Authority meeting was called to order at 5 :30 P.M . by Chairman R.P. McClung . Members present: Anderson, Cole, Dickinson , Fitzpatrick, McClung, Minnick, Powell Powers, Secretary Members absent : Alternate Voth Also present : Rick DeWitt, City Attorney Jeri Linder, Planning Technician Chairman McClung declared a quorum of the Authority was present . II. APPROVAL OF MINUTES. Chairman McClung s tated that the Minute s o f December 2 , 1 9 81, were sent to the members , and asked that the Minutes be con -sidered for approval . Mr . McClung stated that he would entertain a motion to approve the Minutes of December 2, 1981. Powell moved : Dickinson seconded : The Minutes be approved . AYES : Anderson , Cole, Dickinson, Fitzpatri c k , McC l un g, Mi nni ck , Powell NAYS: None Th e moti on c a rri ed . III. ED DA AND CITY COUNCIL MEETING . Ms . Powers presented a letter to Chairman McClung from Mayor Otis . Chairman McClung r e ad the letter to the Aurhority. The Mayor invit e d the Authority mem bers to t h e City Co un cil and Englewood Down t own Deve l opment Au t hority mee ting or. J anuary 1 8 , 1982, at 5:00 P. M. A majority of the members &~re e d to attend . Mr . Fitzp trick xplained th purpo of Monday 's meeting. H brie fly dis cus sed t he var ious boards Lnvolved in the downtown r e d velopme nt plan and their r sponsLbiliti • I • • • • • -3- Mr. Powell moved: Mr. Dickinson seconded : The meeting be adjourned . The motion was approved ; meeting adjourned at 7 :50 p.m. Jeri nder Secretary Pro Tem • I • • • • - URBAN RENEWAL AUTHORITY JANUARY 27, 1982 I . CALL TO ORDER . The special meeting of the Urban Renewal Authority of the Ci ty of Englewood was called to order by Chairman R. P . McClung at 5 :30 P. M. Members p~esent: Dickinson, Fitzpatrick, McClung , Minnick , Powell, Cole Alternate Voth Powers, Ex-officio Members absent: Anderson Also present: Planning Technician Jeri Linder II . APfROVAL OF MINUTES . Chairman McClung stated that the Minutes of the meeting of J anuary 13 , 1982, were to be considered for approval . Minnick moved : Powell seconded : The Minutes of January 13, 1982, be approved as written . AYES : Fitzpatrick, McClung, Minnick, Powell , Cole, Dickinson NAYS : None ABSENT : Anderson The moti on carr i e d. III. SEC RETARY'S REPORT. Ms . Powers stated that each member of the Authority is asked to sign a form acknowledging receipt of the notice of Special Meeting. This form was circulated and signed by the members . Ms. Powers reviewed a draft of the proposed Table of Contents for the Urban Renewal Plan. Ms . Powers stated that a great deal o this information is already available, and has been reviewed by the Authority . Ms. Powers noted that some of the items to be included in the Urban Renewal Plan hav e been completed, and have been approved by the City Council. Final draft of the Down- town Plan will be aubmitt d to City Council for their consid ra- tion at the second m ting in February; this will be the basis for the Urban Ren wal Plan . Ms . Pow rs discussed th Public Im- provem nts proj eta that will b contained in th Dev lopm nt Pl n. Ms . P r a atat d that prob bly th most important s nt is that of Impl menta ion, which cov rs such m tters as L nd • I • • • .. -2- Acquisition and Financing, Development Guidelines and Downtown Zone District. Ms . Powers stated that she hoped to schedule a discussion with Steve Bell on financing techniques for the next meeting on February 3rd. Ms. Powers discussed the Downtown Zone District proposals that are under consideration. She pointed out that efforts would be made to encourage retail use on the first floor of the mall stores, with possibly offices and/or residential uses on the second and third floors . The existing zoning in the downtown area would be totally replaced, and there would be different standards for the high-rise structures, and South Broadway would be in a separate zone category . The manage- ment aspect was then discussed. Ms. Powers pointed out that the marketing and promotions would clearly be the responsibility of the Englewood Downtown Development Authority. Ms . Powers noted that Downtown Denver has formed an association of mall business- men who assume responsibility for maintenance along the mall. Ms. Powers stated that at the joint meeting of the Urban Renewal Authority, the City Council, and the Downtown Development Authority , some questions were posed on specific projects . Ms. Powers stated that Wright-McLaughlin, who have been chosen to engineer and design the Little Dry Creek flood plain improvements, have been scheduled to attend the Urban Renewal Authority meeting on February lOth, and she felt that many of these questions could be answered at that time. Ms. Powers stated that she understood Wright-McLaughlin will be presenting three alternatives for design on Little Dry Creek from Broadway to Cherokee, those alternatives being: (1) leave the channel open; (2) continue the channel around the corner at Girard and open it up down the mall to Cherokee ; or (3) cover the channel completely. Ms. Powers requested that the Urban Renewal Authority designate her, as the Executive Director, to represent the Urban Renewal Authority on the Management Team that will coordinate the re- development process. Mr. McClung asked for a motion to designage Ms. Powers as the representative of the Urban Renewal Authority on the Management Team. Cole moved : Minnick seconded: Ms. Susan Powers, Executive Director of the Urban Renewal Authority, is designated to represent the Urban Renewal Authority on th Management Team. AYES: McClung, Minnick, Pow 11, Cole, Fitzpatrick NAYS : None ABSTAIN : Dickinson ABSENT : Anderson The motion carried. • I • • • • - -3- V. AUTHORITY MEMBERS' REPORT . Mr. McClung asked if there was anything the members of the Authority wished to discuss? Mr. Fitzpatrick stated that he felt this would be an opportune time for each member of the Authority to state what their feelings and opinions are regarding the role of the Urban Renewal Authority, the direction they feel the Authority should be going, and any frustrations they have regarding the performance of the Authority to this time . Mr. Fitzpatrick moved that this discussion be off- record; Mr . Powell seconded the motion. It was declared that the discussion would be off-record . Discussion ensued. Mr. McClung stated that to recap the discussion, it seemed to be a consensus of the Authority that there is a need to expedite matters , that there are a few matters that do need a little further study, and that something must be done regarding the Broadway traffic matter . Mr. McClung stated that he feels it is a con- sensus of the Authority that the recommendations of the City Council and engineers be followed on such matters as the drainage , but he also felt that perhaps the Authority could exert some in- fluence through questions and concerns that are expressed. The matter of financing of the proposed public improvements must be determined as quickly as possible. Mr. McClung stated that he felt the Authority did need additional in- formation; he pointed out that the Authority is charged with holding a Publi c Hearing on the Urban Renewal Plan, and that they must be prepared to answer any questions that may be posed at tha t Hear ing. Discussion ensued regarding the ligh -rail and RTD transit cent r. Mr . Dickinson expressed the concern that some of the questions that are being posed are prema ur , and at this point do not relate to the question at hand of financing im provements for the flood plain, which he feels is of primary importanc to the Authority. Mr . McClung stated that h did not fe 1 the development plan could be divided into "segments" --consid ration of one item at a tim . He s ta ed th t h felt the overall pl n must be con idered by the Authority, and determine where ch segment fits into the total picture. Discu sion ensued . Ms. Col stat d h t h r d v n of th downtown ar a will b ccompli s h d in phases, nd sh , for on , did not feel sh n eded all the information location of light-rail facilities b for approving financin for th flood p lain improve- m nts on Lit 1 Dry Cr k . Furth r discussion en ued. • solu ion encomp ing at hi m ting, nd next r gul r m tin of I • • • .. -4- Mr. McClung asked if there was anything further to be considered by the Authority ? Ms . Powers pointed out that the meeting of February 3rd is the Annual Meeting of the Urban Renewal Authority, at which meeting election of officers will be held. Ms. Powers reiterated her intent to schedule financing discussion with Mr . Steve Bell at the meeting on February 3rd, also. Mr . McClung asked for a motion to adjourn the meeting. The motion was so made and approved; the meeting was declared adjourned at 7 :05 P .M. • I • • • • • '· 5 CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION ( JANUARY 19, 1982 I. CALL TO ORDER. The regular •eeting of the City Planning and Zoning Coaaission was called to order at 7:00 P. M. by Chairman Judith B. Pierson. Me~ers present: Draper, McBrayer, Pierson, Senti, Tanguma, Allen, Ba r b re , Becker, Carson Powera, Ex-officio Meabers absent: None Alao present: Aaaiatant City Attorney Tha.aa V. Holland Aaaiatant Director Dorothy A. Ra.ana Senior Planner Susan King Planner I Harold Stitt Ms. Pieraon noted that approval of Minutes would be considered under Ca.aiaaion's Choice. II. INTERPRETATION OF ZONING ORDINANCE ·Motorcycle Repair in B-2 Zone District Ma. Pierson aaked for the staff report on this caae. CASE #2-82 Ma. Suaan King stated that the application, filed by Jt. Eugene Anderaon , ia for interpretation of the Co.prehenaive Zoning Ordinance for a uaa not -.ntioned in the 1-2 Zone Diatrict. The subject site is at 1008 !aat &a.pden Avenue. Mr. Anderaon laaaea this property, and baa stated that he vanta to operate a .otorcycla repair buaineaa Which ia not specifically .. ntioned aa a principal pa~tted uae in either the 1-1 or 1-2 Zona Diatricta. The aubject property ta zoned 1-2, luatnaaa; there is a fra.e buildina on the etta, Which ta conatdered by the Coda !nforce.ent Division to ba in "poor" coodtttoo. 'ftlere are no var18JICea oo the aubject property . Ka. Kina atated that to the north of the aubject etta ta a atxture of car-ralatad buaineaaea, araanhouaea, apart .. nta ad ainaJ.e-faaily h011ea . Directly aaat of tha site ta a two-story office buildtaa of recent con- structiOD. To the aouth of the alta ia a raaidential developaent, with ainale-fa.dly and two-featly uaaa. A aaa atatioo ia t.aadiately to the v at of the aubject aita, and there ara other car-related buaineaaaa and retail uaea alona Raapdan Avenue both to the aaat and vaat of the alta under cooaidaration . The 1979 Coaprahanaive Plan indicataa that thia area ahould be a ·~xed uae" claaaificatioo, oriented .ora toward the -.dical-aarvica buainaaa. Ka. Una reviewed c~nta froa other Dapart-ta. Chief luUdina In- apector Pittaan baa atatad that to acc a..odata a .otorcycla repair ahop, the atructura would have to be raclaaaified to an H-4 occupancy . 'ftlara would have to be extenaiva r.-odalina aad t.prov ... at of the atruc tura to ... t the 1979 Untfor. luildina Code, auch aa fire raa1atant exterior walla, parapet walla on the exterior of the bu1ldina, and floor aurfaca would have to be of non-co.buatibla, noo -abaorbant .. tarial. It 1a Mr . Pitt.an'a opinion that the buildiQI will not ... t tba 1979 UDifor. luildtna Coda r qutr ta for an 8-4 occupancy • • I • • • • - -2- Fire Marshal Walt Groditski has indicated that he sees no problem with the proposed use, but did stipulate that the building must meet al l Building Code and Fire Code requirements. It is the opinion of the staff that if the building can be brought to meet the requirements of the Building and Fire Codes, that the applica- tion filed by Mr. Anderson for approval of a motorcycle repair shop at 1008 East Hampden Avenue should be approved. If, however, the structure cannot be brought into compliance with the UBC and Fire Code, the use should not be approved at this location. Ms. Becker asked if there was any stipulation on screening for outside storage of cycles that cannot be stored in the shop? Ms. K1ng pointed out that there is very limited yard area for storage of motorcycles, and that screening has not been discussed. Ms. King noted that Mr. And e rs on, the applicant, is present this evening. Ma. Pierson asked Mr. Anderson if he wished to address the Commission ? Mr. Anderson stated that he did not feel there was anything further he could state in support of the application. Ma. Pierson asked if anyone else wished to comment on the request? MB. Becker asked Mr. Anderson if he and the property owner plan to bring the structure up to the Unifo~ Building Code and the Fire Code? Mr. Anderson stated that he has not discussed this with the owner, Mr . Gleason, but that he would doubt that either of them would want to invest that much money in the building to bring it up to Code. Mrs. Pierson asked if the Ca.mission were to approve the request for interpretation, whether a time limit could be placed on the approval ? Assistant City Attorney Holland stated that the Commission can attach ·conditions to approvals of this type, and c ould place a time restriction on the approval . Mr. Allen asked Mr. Anderson if he understood what would be involved in bringina the structure up to Code, and whether he would want to make that inves tment in the buildin&? Mr . Anderson stated that he might make the investment if he owned the building. Mr. Tanguma asked for further clarification on the reclassification to R-4 occupancy. Ma . ling erplained that under the Unifo~ Building Code, a motorcycle repair shop would be an H-4 occupancy, whi ch requires more atrinaent fire and building code requirements because of the hazardous nature of the use. Ma. Pierson stated that she understood if this particular use was determined to be permitted in the B-2 Zone District, this would apply to the entire B-2 Zone District, and not just to this location. Mr . McBrayer stated that this request is for an intsrpretation, and he also felt it would apply to other areae that have a B-2 Zone desisnation . Mrs. Pierson noted that the Comprehensive Plan ca.aittee that studied the strip ca..ercial araea vera very t.preased with the revitalization of this area that wae takinJ place, and that a lot of this revitalization ee ... d to be .. dical support service oriented. She questioned that a motorcycle repair business would be c ompatible with the type of r development that has • I • -• • - -3- been taking place in the area, and that the Comprehensive Plan Review Com- mittee felt should be encouraged. She suggested that the motorcycle re- pair shop would more properly be located in an industrial area. Nr. Tanguma pointed out that there are other motor vehicle oriented uses along the East Hampden Avenue commercial strip. Ms. Pierson stated that she felt the Comprehensive Plan studies show that this particular area is "turning around", and becoming more medically-oriented, and that she did not feel this particular use would be compatible with what is occurring in this strip commercial area. Mr. McBrayer stated that he felt it was important that everyone on the Commission understood that the discussion pertains to an interpretation of the "ordinance" vs. permitting this particular use at this particular site. Discussion ensued. Mr. Draper asked if the Commission should reca..end that this use be in- cluded in the I-1 or I-2 industrial districts? Discussion ensued. Becker moved: McBrayer seconded: The Planning Commission, upon consideration of the application filed by Mr. Eugene Anderson for an interpreation of whether or not a motorcycle repair shop would be permitted in the B-2 Zone District, finds that this would not be an acceptable use in that zone district. Mr. Tangu.a discussed the fact that there are automotive and vehicular repair shops along South Broadway, and there ia also a motorcycle store in the 4900 block of South Broadway. He noted that this entire area ia zoned B-2, Buaineaa; he asked if these uses are nonconforaing? Mra. Roaana pointed out that uaea such aa the van modification for handicapped, the auffler repair shop, and specific vehicle repair shops have .. de specific application to the Ca..isaion, and have been approved at a specific location; other uaea have also applied, and been disapproved at at specified location. Vehicular repair in conjunction with filling stations haa been considered a secondary use in conjunction with the priaary uae of sale of gaaollne and oil products. Mra. Roaana pointed out that the uaea that have been approved by the Planning Co-iaaion in the put have been on an individual baaia; it baa not been a "blanket approval" applicable to the entire district. Mra. Pierson reiterated that abe did not want to aee a uae of thia type in thia neiahborhood; abe did not feel it wa1 appropriate around the Medical Center develop.ent. Mr. McBrayer a1ked if the buainea1e1 that had come before the Planning Ca.ai11ion and war approved for a specific location would be considered nonconforatna inas~ch a1 th y were approved on the baais of s specific uae at a specific location? Mra. Roaan1 cited 122.4-11 b (16), which reads: "Any aiailar lawful u1 which, in the opinion of the Ca.aiaaion, ia not objectionable to nearby prop rty by r aaon of odor, duat, smoke, f~1. aa1, heat, alare, radiation or vibration, or ia not haaardoua to the health and property of the 1urrounding ar through danger of fire or explosion." Further diacuaaion n1u d. Mr. All n 1tated that it 1 d to hia that the eo..i1aion wa1 trying to daterain that "w don't approv of motorcycle repair abopa"; he point d • I • • • • -4- out that there are several in the area, an d that if the structure can be brought into compliance with the Building and Fire Codes, he didn't feel that the Commission had the right to say they could not do business at that location. Mr. Tanguma stated that he felt a precedent has been set because there are repair shops along Broadway, and the repair of motorcycles isn't that much different from the repair of motor vehicles. Mr. Tanguma stated that he did not feel it would be fair to deny Mr. Anderson the right to operate his business at this location because the Commission wants to stop motorcycle repair s hops in this area. Mr. Ed Cordova addr seed the Commission, and stat ed that he is a business- man in the 3400 block of South Broadway, wh ich block does have a lawnmower repair busine s. Mr. Cordova stated that he feels this is a lapse of en- for c ement of the Ci t y Codes that has allowed the lawnmower repair business to begin and continue operation at this location. Mr. Cordova urged that repair shops not be permitted in the B-1 and B-2 zone districts. He did not feel that this type of use would be compatible with the efforts to improve and revitalize the downtown business area, and indeed, the entire business area of the City. Ms. Becker stated that discussion has been centered on the hazards and in- conveniences of motorcycle shops located in the B-2 Zone District. She pointed out that the materials used for this type of business are not that much different fro. those used in other engine repair shops. She stated that she felt the Ca..ission should be aware that this determination will have r .. ifications on future requesta for interpretations. She inquired what effect approval of the motion would hav on those repair shops that are preaently in buaineas? Mr. Holland stated that thos r pair shops that are in business would have th right to continue until they cea op ration. Further discussion foll d. The vat AYES: AYS: was called: Pi rson, B cker, Carson, Orap r, K Bray r Senti, Tanguaa, Allen, Barbr Th action carri d. M • c k r atat that ah would appr ciat more inforaation sp cifically ddr ain aotorcycl ahopa and v hicl repair ahopa in th buaineaa zone diatricta. Ha . Pieraon agr d that it waa tia to look into thia aa ter . Ill. Alln Bar r ata t d that th aatt r o! th d a Public H arin h b d : Th Pu 11 H rtn o CASE 13-82 (9-81) propo d Si Cod ia bafore the n a h dul d for thia av ina. I -82 b op n d. • I • • ( ( • • - -5- AYES: Senti, Tangu.a, Allen, Barbre, Becker, Carson, Draper, Mc Brayer, Pierson NAYS: None ABSENT: None The .ation carried . Ms. Pieraon reviewed the foraat that would be followed in condu c t i ng t he Public Hearing. K8. Pieraon then aaked for the ataff preaentation . Ms. Suaan Powera waa 8VOrn in, and teatified that ahe ia the Direc t or o Co.-unity Develo~t . Ha. Povera preaented for the record a co py of the public notice of the public hearing which waa publiahed in the Englewood Herald Sentinel on Dece.ber 30, 1981. Ma . Povera atated that wo rk on t he reviaion of the Sign Code began in early 1981. The CO.prehenaive Plan, which vas approved in 1979, aet forth aeveral goals, one of wh ich i s 18- prov ... nt of the viaual quality of the City through !•proved aignage. The ataff haa also found, in vorkina with the eziating Sign Code, that there are aany aabiguitiea that aake enforce.ent difficult . Ma . Powera teatlfied that co.,lainta had alao been received froa aoae of the down- t own buaineaaaen reaardina abandoned algoa, or aiana that we re in poor r epair . K8 . Povera diacuaaed the procedure followed in the r ev i ew of the Sign Code and t he draftina of the propoaed reviaiona . I n draftina the propoaed reviaiona to the Sian Code, the ataff reviewed a pecific probl ... that have been eKPerienced in att .. ptina to enforce the eziating Sian Code and reYiwed alan codea of other juriadictiona . A aer ies of .. etinaa with buaineaa-.n who •iaht be affected by nw reatrictiona and t he aeneral public were held by both the ataff and the Ca.aiaaion . The Planning Ca.ai aaion alao held a public heari ng on Nov.-ber 4, 1981, a t whi c h hearing teatt.ony vaa rec eived froa pe r a ona in attendance . Ms . Pow e r s s tated that the Lakewood Si gn Cod e vaa declared unconatitutional, a nd the a taff a nd Ci ty At torney'• off ice rev i ewed t hia court decia ion and have aade e very eff or t to aa a ure t ha t the pr opo aed Sign Code ia wr i t ten in co.pl i a nce with thia leaa l deciaion. Ms. Powers stated t hat there have been sever al drafta of the propoaed Sign Code, and that ch anaea have been aade throuahout, to aeet the concerna ezpreaaed by individuals in the aany public •eetinaa and previoua public hearina. Ma. Povera th n reviewed the proviaiona of the propoaed Sian Code notina that alan• which are non-ca.aercial in nature are claaaified as "Si na not Subject to Penita." Slana aubject to yearly reaistration, auch aa real eatate aiana and contractor aiana were pointed out. Ha . Povera re- viewed the liat of aigna tha t are propo .. d to be prohibited, and atated that aoae of th ae aiana, auch aa billboarda and third-party adverttain aigna, have been prohibited aince th 1974 Stan Code waa adopted. The aazi~ heiaht of aiana waa diacuaa by • Pow ra. She pointed out that there are no aubatantial chana a in th ae proviaiona aa they apply to aigna in the reaid ntial &on dlatricte; however, aiana in the c a..ercial and in- duatrial diatricta are propoaed to aav a a&Ki8Wa he i a ht of 20 feet, which ia lover than prea ntly panitted in t 1974 Sian Cod a . Ka. Povera pointed out tha t th alae and er of eiana penitted in th induetrial and c rcial & diatricta baa alao b n cha naed. A acale baa be d viaad which uld relat the ala aed n er of aiaoa peraitted a buaineaa uae to the a.ount of acre t fro •a th a t pa rticula r buain aa baa. A new a tlon vaa a44a4 to 1 with "aua d d aiana ." He . Pow ra • I • • • .. -6- pointed o u t that the maximum square footage of sign area has been raised back to the 600 sq . ft. be ause of concerns ~xpr ssed at the public meetings; t he maximum area p~r sign fa ce will be 100 sq. ft. Ms. Powers stated that there are several diff rent signs which are al l owe d and do not count against the total sign area; these in c l ude dr ive-thru signs, joint identification signs, h1gh -rise building id ntification wall signs, sec ondary signs, short-term advertising signs, and si gns set ba c k from the public righ t -of-wa y. Ms. Powers d iscussed provisi ons for dealing wJth nonconf orming s igns. She pointed out th at the Commission had con&l dered eight or nJne alternatives on dealing with the amortization of nonconforming signs, and the members determined that 10 years from the date a permit issued, but in no c a se less than three years from the date the proposed Sign Code would be adopted , would be a reasonable amortization period. The s taff would notify t he owner of a nonconforming sign and t hat prop~rty wner will have 30 calenda r days to reg ister the nonconforming sign. Ms. Powers emphasized tha t t he burden of notifying the owner of a nonconforming sign of the requirement for registration is on the s taff . There is an appeal process written i n to the proposed Code by which sign own rs may appeal to the Board of Adjus t - ment for a v a riance . Ms. Powers th en discussed prohibited signs. She noted that there is no way to deal with them at the present time. Signs that are prohibited would have 180 days to be remo v d or to be brought i n to conformance with the Code; billboa rds would have to be removed within t hree years o f the effective date o f t h e o r dinan ce. Again, an app al pro cess i s wr itte n in whereby the sign own er may appeal to the Board of Adj ustment for a variance . If the owner doe s not remo ve a prohibited sign, the Ci t y may remo ve t h e sign, and cost s incurred by the City, plus an adminis t rative cost, wo uld be charged against the real property and its own rs. Ha. Powers th n r viewed the section on Hazardous Signs. cr of signs that have b een d clar d hazards will be notifi d o f such d t e rmination, and will have 30 d ys t o rem v th hsz rdous sign. The sign owner does have the right to pp al, and th City may remove the hazardous aign and bill t he own er if it is not r moved within th iv n tim period. Aband o ned signs w n consid r d. The pr s nt Sign Cod requires that aba nd on d si removed within 90 days, but it i felt that th 90-day tim 11 itation i too long. From th d y a ign is d te rmined to be a b a nd on d, th r is a 30-d y p riod befor th sign 1 de lared to be a nu isance; at th end of this 30-day p riod, a letter is is sent to the sign own r stating that th sign mu t h r moved within 30 days. This do s , i n r eality, give a a ign own r 60 days within which to remov th sign . Th City may also r mov th sign if th own r do s not comply with the notic of r oval, and costs in urr d by the City in th~ r moval of th s ign may b~ billed to the prop rty nlr. Ha . has that th • s ign just b caus it by th City, a sign or bandon d. • tin • reports Hinut s I • • • .. - -7- Powers asked that the Commission also take note of a memorandum from Fire Marshall Walt Groditski concerning problems caused by roof signs, and a me.orandum from Traffic Engineer Plizga regarding problema that specific types of signs c ause with traffic flow. Ms. Powers then read into the record the following letter from the Centennial Chamher of Commerce. Ms. Powers noted that the Englewood and Littleton Chambers of Commerce have merged, and have become the Centennial Chamber of Ca..erce, with headquarters at 180 West Girard Avenue in Englewood. Enalewood Clty C o unc d 1400 South Elah Stre~t Enalowood, CO 80110 Januuy 19, 198Z Tbe CenteADlal Chamber of Commerce l e vit&lly mtereatecl Ul aU a ape eta of the bu.alneae environment lll the area which h lta pr lme area of reapoaalbl11.ty. Thia newly formed Chamber h aod w lll continue t o be co ncerned with many l eauea •mpactLn& that total envlronm~nt . One a u c h 11 1 u e 11 the o ne before yo u at th1.a tune, that of a un lver ea l &li n code . The C ha.mber haa rev i ewed the propoaed code, compared tt w ath o t h er ealetlna code1 and dlacuaeed lt wi.th locli.vl- tluale i evoJved in ate preparatlon. The Chun.bcr reeoaalaea the myrla d ot pro b leme &IIOC L&ted w \th attempt• to ••tabll•b a .aalver- ea l code , but abo recoanlae e th• a.ece ee lty of overc:omlq theee •IUic "lho o and adoplla& '"ch a co do . Tho propo ood codo, o Ito pre e eat form , ~~ the ree~.Alt of uetold boure of work: and nwcb c omprom lee . The C e t~te nal al Chambe r o f Co mme rce conaratulatee all tho •• Invo lved '" t he prepar&tlo n of t he pro poeed uo1vereal •taa code aad u.ra•• lt1 adoptloD •• a poe Ltl ve contr i butloa to the bu•iM•• eovLroa .. ment wh 1ch l e of conc:erft &o 1.11 all. Pre1 deat --.. - • I • • • • • - -8- Mr. Tanguma ask e d that "vehicl consum r informati n signs" be e xplaine d . Ms. Powers stated that in a previous m•eting, concer n wa s expressed as t o whether prices, et c . painted on car wind sh ield s in a c ar sa les lot would be considered a "sign" and s ubject to regulation . It has been determined that a sign with this type of i nf ormation wou l d no t be subjec t to a permit . This provision would also cover mor than just the pricing whi ch is marked on the windshield s, but would also apply to such matters as emission standards, miles per gallon, e t c. Mr. Allen asked if he understood ca rr ctly th at th own er of property on which a prohibited, hazardou , o r abandon ed sign i s loca ted does not re- move such sign after notice from the Ci t y , that the City will do so and place a lien on the propert y? Ms. Powers stated that this is co rrect, and is following the procedure that is currently in effect r egarding weed and debris removal from prope rties . Mrs. Pierson noted that 16 people have indicated on the sign-in sheet that they wish to address the Commission. She s t a t ed that she woul d call on these individuals who have so indica t ed. Mr. Dick Johnson 3550 South Inca -was sworn in, and testified that he j us t heard ab out t h proposed sign cod~ revi sion and the public hearing JO minutes before the meeting this evening. He s tated that he ha s been i n business in Englewood for 10 years, and does not f el that the City of Englewood has supported retail businesses at it shou ld, and a s a result his business has been "medioc r e" for 10 years. He stated that he has a sign at his place of business whi c h would no t comply with the provisions of the proposed Sign Code. He stated that he feels it is unfair to tell businessmen and property owners that they have 180 day s, three yea r s, or whatever, to bring their signs into onfo ance ith a n w Sign Code. He stated that the lifelihood of th s busincs men may depend on that sign, and to change it would be a great expen to that busin ssman. Mr. Joh ns on stated that he could understand the desir to upgrade signs, but ur ed that the businessmen who are in Englew ood not bl hurt by thi proc ss. Mr . Johnson stated that h has paid t x f or the 10 y ars he h s been in business in Englewood, and want s to r He stated that he f els a Sign Code for new businesse l ocatio ood is one thing, but to impo e new standards and r strictton bu in s a i not fair. Hr. Drap r inquired as t o th bu iness, and th approximat the sign is 10 years old, and was purchas d and install d. in.c. Mr . hart. Hr. HcBray r point d out that if th ai n 1 but is nonconformin , th t n own r would b th ai n into conforman c or to r m v it. of that it n t 111 1 o r prohibit d, tv n thr y r a to brin Hr. To. HcC wa a aworn in, Poat ra tine 1 55. Hr. M C a tat d th t h• h tat d th t h h d tdoor 1 1 • I • • • • -9 - i n Englewood until 1974, when the existing Sign Co de wa s a do pted , bu t this Co d e d i d not r e quire r emoval of signs which became noncon fo rm i ng wi t h the adop t i on o f the Cod e . Mr . Mc Ge e stated th a t hi s signs a r e 6 ' x 12 ' Jr . po ster panels, a nd that no obj e ctions have been raised on t he size of the s igns. Mr. Mc Ge e stat e d that h e would like to see outdoo r adve r tising signs allowed in the Ci ty of Englewood. He stated that th is form of adv e rtising is emp l oyed by bus i nesses who want to inform t he pu bl i c about the produc t s a nd s ervic es that are for sale ; it i s a "good, clea n, business". Mr. Mc Ge e stated that advertis i ng space is als o donated t o o r gan izacions s uch a s United Way , the March o f Dimes, et c ., and he d i d no t feel that t h is bus ines s "de serves to be wiped out." Mr. Allen inqu i r e d wh ether Mr. Mc Gee h ad a ny signs i n Englewood at the present t i me? Mr . McGe e s t a ted t hat he ha d not h ad any signs in En lewood fo r t wo years ; mo st of h is s igns a re l ocat e d in Denver, and he just built 12 i n Je ff e rson County . Mr . St eve Yo ue l, Gord o n Sign Company , wa s s wo r n in. Mr . Youel stat e d that he d id no t fee l the i s sue of amort i zat i on of nonconform1ng signs had been consid e red at length , and inqui r e d of the Comm.i ssion if they were aware of the number o f s i gns th e y were talking abou t. He stat ed that he felt most busin e sses a long So uth Broadway and U.S . 285 , f o r ins tance, would have sign s that wou l d no t c onfo rm to t h e propos ed Sign Cod e. To repl a ce a sign that might h av e c os t $20,000 t e n years ag o would now cost at least $35,000 t o $40,000, a nd i f that partic ular s i gn has j ust been renovat e d , it could have a life s pan of at l east 15 years rema i n ing . Hr. Youel acknowled ged t ha t while the Chamber of Co mm e r c e has submi tted a let t er supporting the pr o po s ed Sign Cod e , h e s tat e d h e would s uspect that many individual business- men wh o woul d be affec t e d by the Sign Co d e would not be in favor of the passa e of th is Co d e . He ur ged that a "gr andfat her" clause be written into the pro- posed Sign Co d e. Hr. And y Hodler , Gan nett Ou t door Com p a ny of Colorado, was s worn in, and stated that his company wou ld ha ve problems with the propos d Sign Code . Hr. Hod l er stat d t hat he felt the section on Pr ohibited Signs, Page 30 of the p r oposed Code, was unnecessary, and has a question on the legality of prohibiting specific signs. He stated that he felt the "City of Engle- wood will be facing legal action that no one wants to go through." Hr . Hodler reviewed previous court caaea and decisions regardin the limination of billboards, noting that Arapaho County had attempted le !alation rP- garding billboards, and the Colorado Supreme Court ruled that th billboard could continue. The City of D nver later atte•pted to have billboards pro- hibited within the City limits, and this ca e was thrown out of court. Host recently, the Lakewood Sign Code was ruled unconstitutional, and th y are now operating under an i n tert. Sign Cod • Hr. Hodler stat d that all Suprem Court decisions say that business s canno be prohibited from ad- vertising; erection of nev advertiaing structur a .ay be prohibited, but removal of existing advertising atructures cannot be r quired without compensation for that structure. Hr. Hodl r t atifi d that the City of Denver has rec ntly paid Gannett Outdoor Company of Colorado $16,000 for th removal of a aign, and that th D nver Urban R newal Authority paid $62,000 to have a Gannett advertising aign remov d. Hr. Hodlar atat d that if th City of En levood approve• the propoa d Sign Cod , tha "lit 1 at1o aay be our only r courae", and that th litigation would be on h b ala of th propoa d r moval of pr ent atructurea, and alao to aak that outdoor dv rtiaina •1 nciea be allow d to er ct n structures in th Ci y of En 1 wood. Hr. Hodler took iaau with the m morand~ fro• Hr. Jo Pli1 • I • • • .. - Traffic Engineer for the City of Englew traffic studies have shown that there a re no t r~. outdoor advertising signs; no statistics have been gather ed r show outdoor advertising signs cause accidents. Hr . Hodler em ph a~ ' th a t Ga nnett Outdoor Coapany of Colorado will n o t remove th e exist i ng s tructures in the City of Englewood, and a sked that t he structures that are in existence be grandfathered in. In answer to a question from the Commission, Hr. Hodler stated that they have 45 poster signa, 12' x 25'; three paint ed signs and structures 14' x 48', and 25 poster structures in existence in the City of Englewood. He estimated the cost of removal of these struct ures c ould range from $4,800 to $32,000, and that if the City wants them out, the Ci ty wil l have to pay to have them re.oved. Hr. McBrayer stated that he was offended by the tone of Hr . Hodler's testi- .ony, and noted that the City is attempting to improve the downt own and ca..ercial areas, and it is felt the elimination of billboards is one means to accoapliah this. Hr. Hodler stated that if the proposed Sign Code is approved, within three years the billboard structures would have to be removed. He stated that he worked for a business, and that it is his job to try to protect that bus 1ness which ia threatened by the proposed elimination of this form of advertising. Hr. Hodler stated that he did not feel the outdoor advertising businesses had been consulted and considered in the drafting o f the proposed Sign Code, and that he is offended by that. Ms. Pierson stated that this is the second person who has testified that they were not notified or .ware of the proposed revision of the Sign Code. She asked Me. Powers to aaain review th e meetinaa and publicity that has been attendant on this revision. Me. Powers reviewed the process by which the proposed Code has been drafted, aDd the subsequent .. etinaa with the Ca..ission, automobile dealers, ehoppina c enter owners and downtown buainesa•en that would be affected. Notices were also aent to various aign companies notifying them of specific aeetinaa, and notices of this hearina were sent to everyone who had attended any of the aeetinp. Mr. Hodler atated tha t he started .. ployaent with Gannett Outdoor Coapany iD Auauat, and bee ... aware of the sian code revision in Nove~er. He noted there had b n so.. personnel chana a within his coapany, and that it vas possible there had been an earlier conta ct with soaeone else in the coapany . Mr . Allen asked the a•eraae s i ze and heiaht c o.paoy has in the City? Hr. Hodlar sta ted and are of different heiahta up to 31 fe t . Code is approved , the billboards would have of the billboards that Hr. Hodler'a that th averaae size ia 12' x 25', Hr . Hodler noted that if this to be ra.aved within three years . MI . Powers pointed out that billboards hav not been peraitted in the City since 1974 . Hr . Bodler stated that the preaent Sian Cod e, while not per- aittina erection of new billboard structures, does not require the ra.oval of the e&istiDI billboards. Mr. Bodlar stated that the c oapany does k that they be allowed to keep the billboards they pres ntly have within the City of !n&lewoad, but are not askina for pa ission to ar ct new structures • • I • • • - -11- Mr. Randy Cordova, Midland Federal Savings, was sworn in. Mr. Cordova stated that replacement of signs within either three years or ten years would be expensive for the businesses who must replace thei r signs. Mr. Cordova expressed concern over the provision that requires that all faces of the ground signs be included in computing the total area of the si gn . Mr. Cordova also expressed concern on the lack of a "grandfath e r c lause" for nonconforming signs, window signs, and the illumination of signs. It was pointed out to Mr. Cordova that the illumination regulations of 25 watts per bulb have not been changed from the existing Code. It was als o pointed out that one of the intents of the revised Sign Code is to encoura i'P smaller signs; thus, the requirement that both sides of a ground sign be considered in computing the sign area. Ms. Pierson called on Mr. Jim Liley, who had indicated that he wished t o address the Commission. Mr. Liley stated that he had nothing to say at this time. Mrs. Pierson declared a recess of the Commission at 8:40 P.M. The Commis · ion reconvened at 9:00P.M., with the following members present : Tanguma, Allen , Barbre, Becker, Carson, Draper, McBrayer, Pierson, Senti. No m mbe rs were absent. Mr. Don Seymour was sworn in, and stated that he would like t o speak in favor of the proposed Sign Code. He stated that he has no business inte rest in whether the Sign Code is approved or not. Mr. Seymour testif ied that h has lived in Englewood almost 50 years, and has paid his taxes; he would like to see the City go forward and improve ita visual quality. He feels the pro- posed Sign Code is the first step to take, and urged that the Code be ap pr oved. Ka. Rachel Owens, 3460 South Broadway, was sworn in. Ms. Owens stated that she is heartily in favor of the proposed Sign Code. Ms. Owens stated that abe is a ~er of the Englewood Downtown Development Authority, and is a local realtor. Hr. Mike Haviland, 3535 South Sherman Street, was sworn in. Mr. Haviland testified that he is director of the Englewood Downtown Development Auth o ri ty, and is in favor of the proposed Sign Code. Mr. Haviland stated that he wo uld hope the Co.aiaaion would make a decision on the aatter this evening . He stated that he felt the Ca.miasion and staff have .. d every effort ~o be fair to the business coaaunity in the co.proaiaea and changes that have b en aade in the proposed Code since the initial draft vas conaider~d. He stat d that he feels there baa been a .ore than reaaonabl effort aade to c ontact buainesaaen and sian company repreaentativ a to notify th m of the proposed changes. He aareed that the issue of a "arandfather" clause is an important issue, but he felt the Comaiaaion had co up with a comfortable r solution to this problea with the reco .. endation of the pro pos d ..ortization schedule . Mr. Haviland stat d that he felt the Ca.miaaion hould "step forward as a Plannina Co.aiasion and create aoae policy." H stated that there is a need for a good Sian Code, and stat d that he is "eaphatically in support" of th proposed Code. Hr. Cordon Close, 3451 South Aco .. Str et, vaa sworn in, and t atified that he feel• it i1 nece11ary to hav this Sian Cod approved. Hr . Clo•e 1tated that he felt it would b aood for the co.-unity. Mr. Clo1e 1tated that there have be n .. ny • etina• at which oppon nta vera aiven opportunity to voice their obj ction• end concerns. Hr. Cloa stated th proposed • ) I • • • - -12- Sign Code will not be acceptable to everybody, but that it is needed to improve the City of Englewood. He stated that he supported passage of the Sign Code as presented. Hs . Becker asked Mr . Close how he, as a businessman, expected a new customer to find his store; by signs, or what other form of advertising did he rely on? Mr. Close stated that it is important to have a good product or ser- vice to offer to the public , and it will become known by word-of-mouth . It is important for a business to create an image that will attract persons to the store. Hr. Close stated that the signing is also important, but that the sign does not need to be large. He stated that he felt that "class and good taste in a sign" is most important, and that he felt every store could be located by a customer without a problem regardless of the number of signs or the size of the signs. Mr. Close st ated that in h i s particular block, the "image" of a musi c complex has been created, and this brings people into the area rather than the size of the signs on the individual stores. Mrs. Fran Howard, 645 East Yale Place, was sworn in. Mrs. Howard testified that she is in favor of the Sign Code. She stated that she prefers to shop in a good, clean building and is not impressed by gaudy signs or lots of liahts. Ms. Jo Ellen Turner, 4630 South Cherokee, was sworn in, and urged passage of the Sian Code. Ms. Turner stated that she feels this is a vital first step in the revitalization of the business area, and is important to the economic health of the co.aunity. Ms . Becker inquired of Ms. Turner how she would find a business that she waa not faailiar with ? Ms. Turner stated that word -of-mouth or newspaper advertiaina, or just walking along an area abe might notice an attractive place and stop in. Mr. Michael A.uri, Arapahoe Siana, was sworn in. Mr. Amuri stated that h would aaree that required reaoval and replacement of signs could crest a hardship on aoae businessmen. He noted that this provision could well drive aoae businessmen out of En&lewood. Hr. Amuri expressed the opinion that reaiatration of real estate aiana would be difficult to enforce, and questioned that the aix square f t per face was a realistic size. Hr. Aauri stated that he haa aome arauaenta asainat billboards, but would have to aaree that they do have the ri&ht to exiat, and he ur ed that the Com- aiaaion aive additional thou&ht to th requir .. ent that billboard auat b r.-oved within three years froa the date the Code ia approv d. Hr. Aauri asked if outdoor display of merchandia on public ri ht-of-way, whi ch 1 prohibited under the propos d code, would preclud aid alk aal a in th future? He stated that h felt "billboards" and "third party ai na" ar applicable to the aaa type of sian and that this cod prohibita th twt c e. Mr. A.uri stated that h f lt the inclualon of a "grandfather clause" should alao b considered furth r by th Co.aiaaion . Hr. Aauri alao questioned Vhy both faces of a around aian should be measured in deterainina th ar of the alan. Hr. Aauri diacuaa d the provision dealtna with aaintenan sima, and qu ation d vho .ada th d taraination that a aian waa in n d o aaintenance; he stated he felt thia should be apell d out. Hr . Aauri th diacuaaed th section of th propos d Cod pertatnin& to Peralta. He not that aa a aian paint r, h had r c ntly had to hia licena In h City of !nalewood and paid SSO for that 11 n v r, other p pl • I • • • - -13- could get a permit to make their own sign, and did not have t o pay for a license. He questioned the fairness of this, and urged that some pro- t ec tion should be included in the Code for the people who ar "licensed." Mr . Amuri asked how the staff and Commission pr posed t o determin e wheth er work has begun on a s ign either on or off-s it e within 60 days of the issuan ce of a permit ? Mr. Allen asked Mr. Am uri wha t he felt would be a reasonab le maxim um he i ght for a sign ? Mr . Amuri stated that it woul d d epPnd on he l ocation of the sign and how far it is set back from the property line. Mr. Mc Brayer stated that h felt some of Mr. Amur i 's conce rns should be clarified. Ms. Powers stated that the City d oes have spec1 al p r ovisions for sidewa lr sales and they would not be prohibited by the provision r e garding o utdo o r display of merchandise . Ms. Powers stated th a t she d id not feel it wa s factual that all other comm unities count only one side o f a sign in de cr - mining the size. Mr. Amuri s tated that he kn ew for a fact that De nv er cm.nt« only one side of a sign, and that Lakewood also c ounts only o n e si d e f a sign. Ms. Powers stated that regarding his concerns express e d on th maintPn r.ce section of the Code, it i s written into this s ection that "The Direct or or his or her designee, shall inspect and shall have the authority to orde r the painting ... " Mr. Holland stated that the authority and respon tbilitv are set out in the proposed cod nd the enforcement of this prov is ion would not be arbitrary . Ms . Powers stated rega r ding the size of rea l estate signs, the staff made inquiries and wer informed that the size stipula ted in the proposed Si n Co de is the standard size for real estate signs . Mr . Mc Brayer pointed out to Hr . Amuri that th $SO lie nse fee is mpo sed on contrac tors ; that he, hima lf, has to pay such a fee. lf an ind ividual provides a service to someon el uch as co nstruc ting house o r p intin a sign, they must have a license. Hr. Ed Cordova, 3431 South Broadway, that he owns Flash Tailors, nd that building was a dilapidat d warehou gone through the expense of chan in th si nage, and had to r mov the roof of th buildin • Code as it is now writt n, g nerally agr maind r of th propos d Cod , and was sworn in. wh n h 110v d H of Hr. Phil Gri .. , Fr eman Si na, wa s s worn in . Hr . Grl conti uoua str tl ar consid red •• atr t frontag ? ak d 1f two • P r• stat d that Kr . Crt .. s tat d that h did d th T - th not f el this il writt Div111on 1taff and Plannin poa d c od , but th r Hr . Gri .. atat d tha he Pl nnin iasion hav d n a lot o wor on th pr o - h wl1h d to mak • Hr. ~ri tat d • I • • • - -14- that he felt the proposed size of signs could hurt some p~ople; for in- stance, if the maximum square footage for a gro und sign is 100 square feet, and both sides are c ounted toward the computation of the maximum size, the largest ground sign would be 5' x 10'. He felt thi s provision could be damaging to a lot of businessmen. Mr. Grimm s tat d that he also felt it was a little contradictory to allow a t o tal si gn area o f 60 0 square feet, but the maximum number of s igns allowed is five at 100 s quare fe t each. Ms. Powers pointed out the "front line of the to "street frontag e". credited for the total that the present Sign Co de ls written with ref r e ne t o lot"; the proposed Sign Cod e ha s been writt n t o refer Therefore, a business l ocated o n a co rner l o t would be street frontage on two s id es. Ms. Debbie Brown, 4960 South Broadway, was s wo rn i n . Ms . Brown s tated that while she generally agreed with the intent of th~ S i n Code, sh e would hav to remove the sign on her business. Ms. Brown s tat ed t hat she f e lt a "grand- father clause" should be included in the propos ed Co d e. :-is. Br n -s tated that she felt some of the large signs are "landmarks ", a nd should not be removed. Mr. Dick Johnson, 3550 So uth Inca, again addres e d the Co mmissi on. Mr. Johnson stated that he felt it was "evident thi s Code i s not adequate to be passed at this time", and suggested that an ad hoc c ommitt ee be formed to work on the Code and get it int o the proper shape s o it can be approved. Hr. Johnson stated that Englewood has a highway going through the middle of the City, and has high-speed traffic on South Broadwa y and U.S. 285. Hr. Johnson stated that people in retail bu iness in Englewood dep nd on outside traffic driving through for their livelihood. Mr. Johnson stated that he has been in business her 10 ye rs, and that only 13% t o 15% of his business has come from the r sidents of Englewood; the remaining 85% of his business comes from people driving through who stop in; cons equently, their sign is very important to th m. Mr. Johnson stated that if th traffic pattern along U.S. 285, for instanc , is revamped, it is possible that different signage could b u d t that time. r. Johnson again pointed out that the "grandfath r clau " wou ld be very i mportant to his business. Mr. Johnson stated that b i c lly, the Sign Code is a good idea, but should be rewritten. Mrs. Beck r stat d that if sh und rstood Hr . Johns on' t stimony c orrectly, he f ls that 85% of hi patronag co a from p opl d riving through th City of En 1 ood who stop b cause of hi ign. Sh a k d if p ople didn't come into hia place of busin as becau o f th t y p o f us in he has? Hr. Johnson r iterated that 85% of his bu in side th City of En lewood. Hr . Johnson busin as in En lewood, and that th on way s to k p buain as in Engl od. . Beck r aak d stated that U.S. notify eotorists c nters ar aoin to but h ura d that th and who ar in busin Mr. All n sk d wh t Hr. Johns 11 nd th optt.ua h 1 ht? Mr. 0 f t ln h 1 ht. • d t o b at d Mr. Johnson nt r th o pti aiz o h t his sl n t a pro bably I • • • • -15- Mr. Steve Youel of Gordon Sign Company again addressed the Co.miasion . He stated that he baa been involved with sign ordinances for eleven yeara. He atated that Denver paased their Sign Code in 1971, and a ll o ther commun itie s followed auit. Mr. Youel testified that he feels the present sign cod e is adequate, and that if it were to be enforced, it could upgrade the area. Ma. lecker aaked Hr. Youel if he was familiar with the Fort Collins Sign Coda1 Hr . Youel atated that he waa faailiar with some of the newer ar eaa of Fort Collina, and that the ordinance is a pplicable to the new areas . Ma . leckar atated that the Sign Code aust also be applicable to the older downtown area, and diacuaaed her favorable impression in driving through the aaiD buainaaa area of Fort Collins. She stated that what Fort Collins baa achieved is vary ~ch in keeping with what she envisions the City of !n&lavood ia tryina to ac ca.pliah. Mr . Youel noted that the size of a aian 1a aia leadina, particularly to a passing .atorist. He noted that while the propoaed Enalevood Code would restrict the size of signs to 100 aquare feet, the Fort Collins Code peralta aigns up to 150 square feet in ai&a. Mr. Youel atated that he felt there were two i s sues that really need further conaideration by the City, those issuea being that of the "grandf ather cl.uaa", and the iasue of optiaum aiae of signs. He co ... nted that he f el the aajority of the aigns that are of concern to the Coaaission and staff have bean up aince before the 1974 Sign Code vas adopted. Hr. Hclrayar took iaaue with the arguaent that large signs are needed on atreata which carry hi&h-apeed traffic, and cited Havana Street which carries cooaidarable traffic, but the aigoa along thia thoroughfare are aaaller than thoea Wbich are alona South lroadvay or U.S. 285 through Englewood . Hr. Youel &UII .. t&d that the ataff ahould talk to Hr. Janssen in Denver raeardia& the attrition aad .aorti&ation of aiana . Hr. Youel atated that a1 ... are reao9ed voluatarily by aoaa buaineaaea and aign ca.paniea when 1 .... apira or buain .. aaa c ... e. Hr. Youel atated that he felt the SiiJ'I Collifeaiaa and buiDeaaea that put aipa up under a leaitiaate perait have the riaht to aaintain thoaa aiana. Hr. Jia Uain, 630 Vaat Ba.pdan Avenue, vaa avorn in and atated that he had juat aone into buaineea in !nalavood, ao hie aian would have a 10-year life apan before it would have to be raaovad . However, he atated that he would feel "cbaarined" 1f he were to be allowed to keep hie larae aian for 10 yean aod averyona arouDd hia had to replace their aiana within three yean. Hr . Uain atated that n• buainaea .. n wan t to becoa& a part of the caa.unity ead they are part of the coa.unity'a econoaica ; he pointed out that buainaea aupporta citiaa, and that the buaineaaaen are reaidenta aod citi& ... of the city aDd ahould enjoy privileaea of that city. He atated that he felt the buinaaa .. n are aakiDI the ataff and c oaaiaa ion to work with thea . Thoa&a v. Holland, Aaaiatant City Attorney, vaa aworn in. Mr . Holland atated that he felt there vera three iaauea which had been raiaad before the c-iaaion that are 1 ... 1 iaauea, and tha t he would like to add raaa thea . Hr . Bolland atated that the ftrat ia au 1a whether or not the pro- poeed Stan Coda coapliaa with the Colorado Supreaa Court deciaion on the Lak.wood Sian Coda. Hr . lollan4 atatad that the Coa.unity Oavalopaent a t af f &Dd the City Attorn.y'a ataff h&Ya vorkad toaathar to .aka aura that the Code ia written to c ly with that Supr Court daciaion, aod that he hela c oafortabla that the City of !nal_,od haa a propoe d Si an Coda that doea ly with thia Court decieion. • I • • • • -]6- The second issue Mr . Holland addt,'!.o.>ed • ..... , fact, prohibit bil lboards. !n 1975, the L, lo, 'l.h billboards c ould not b~ ~ro n b1ted With i n a1. n mately six months ago , the Un ited States Su pl·cm may be prohibited within a city 1( that clt~ on a case in San Diego . TI 1.: Colo r.,do s,,J'I <.t:IC was handed down, re cogni.,ed ch ... t 'ulinr duJ r The third issue addr essed by h r. IJ, J l.Ju l ", • •t conforming signs. Mr. Ho l land st .. t ed tr " nn required to be removed within a specified l .• ~, period of time", but there is no finan ci al liab •• ~ 1 for the removal of those signs within a "rLas ona bl ... '' a mo rt z at tun P<-l Mr. Holland stated tha t it i & his opinion that t he P•<>t os d am o rt i z u t1 ... • .. schedule contained in the Sign Code is reasona b l Mr. Tanguma asked if he underst ood that signs in ~xi t enc e c ould be p r o- hibited, and that the City would not have t o compen&a e the compan y o r business to get them removed? Mr. Holland stated that this i s th ~ c a · if the amortization time i "r easonable". Mr. Hodler stated that he did no t fe 1 there was a c l e ar definition o n what is considered "reasonable" amortization. He stated that l..annett Out- door Company of Colorado is dealing at the present time with th tat Highway Department on the beautific ation of highways and it is th r ecom- mendation of the Highway Department staff that amortization not be used because it is not well defined. He stated that he would be happy to give the naae of that contact with the Stat Highway Department to M . Powe r s. Ms. Pierson stated that if there was no f urth r t stimon to be off red, she would entertain a motion to c lose the Publi Hearing. Becker moved: Carson seconded: The Public Hearing b e clos d. AYES: Allen, Barbre, B cker, Car on, Drap r, M Br ye , Pierson , ~~nti, Tanguma NAYS: None The motion c arried. Mrs. Piers on ask d the Comm ission's hoic on thi matt r ? Ha. Beck r moved: Carson seconded: The Planning Commission t b l f urtl, the proposed Sign Co d until F ~b r ua Mr. McBray r spoke in favor of makin Sign Code at this m eting. He point d out me tioga regarding this proposal, and b en h ard by the Coa.iaaion; th re h that hav be n expr aa d by th b in felt it was tim to 1111k a d ciaion. Hr . T a ree with Hr. McBray r that it is ti• Ms. B cker stat d that ev r, she s tat that ah th t th ily C~il lon n • tiun o f nd h w uld ciai , ully r vi d rn I • • • • • -17- the testimony and co ncerns that have been present ed at this meeting, and noted that it is now 10:00 P.M. She was co ncerned that this might not re s ult in as "careful" a decision as should be made. Mr. Allen stated that he also felt a decision s hould be made at thi s meeting. The vote was ca lled on the motion to table: AYES: NAYS: Barbre, Becker, Draper, Senti Carson, McBrayer, Pierson, Tangum a, Al l e n The motion failed. McBrayer moved: Carson seconded: The Planning Commis s ion recommend that the Comprehensive Zoning Or dinan ce , §22.7, be a mended by r e pea l o f th e existing Sign Code, §22.7, and a doption of the proposed Sign Co de dated January 19, 1982. Mr. Allen stated that he has studied this matt P r fo r a long time, and there are parts of the proposed Code he would like to see approved. But, he feel s there are provisions in the proposed Sign Code that could be harmful to the businessmen in Englewood; he further stated that he feels the existing Sign Code is sufficient to take care of the probl ms and concerns that have been voiced if this existing Sign Code were to be en f orced. He stated for thes reasons, he would have to vot against approval of the p roposed Sign Code. Ms. Becker a ked if Findings of Fact hould be made at this tim , or at a later time ? Ms. Pow rs stated that the Findings o f Fac t could be made and approved t a later date. Ms. Becker reit ra d he r favorable impression of th signage in Fort Collins. Ms. Becker t t d that s h e did not f el the size of sin had that much to do with ability to find particular place of busin sa; that if one really want ed to find a particul r busin s i t c an be don without large signs. Ms. Beck er s tated that she f lt the proposed Sign Code was appropriate. Hr. McBrayer s tated that he is very much in f vor o f th propos d Sign Code. He not d that in ci ties that undertake revit aliz tion p roj e c t s , one of the first thin s they consider is the Sign Cod • H ta t ed that he did not f 1 new buain a a nd revitalization efforts should h concentrat d round old igna. Hr. HcBray r noted that many thou nds o f doll rs hav b n p nt on th d town revitalization ffort to this date. Mr. McBrayer stat d that th Com.i sion and s taff hav compr o i d on th matter of amortization of signa to grant every sign a lif o f 10 y ars, a nd that h did not feel drastic hardship is being c reat d for any ody. He ur ed that th fir t t p be t k n and that approv 1 b iv n to th propo d Sign Co d • Mr. All n sta t d that revitalization fforta for downt n En glewood hav b n goin on for 22 y ars, but n ver b fore h 1 tting rid of si na b n th firat thing that had to b done. stat d that th ize of a at n has n v r b n an iaau b for . Hr. All n at t d tha h thinks Ensl ood is b in r vitaliz d, and h do a not C el It ia prop r o i mpo s hardahlpa on the buain a p ople. Hr. All n a t t d that h 1 v ry much in favor of revitalization, but c not support o lh propos d Si n C Th vot w a call d on th •otion : • I • • • • .. • -18- AYES: NAYS: Becker, Carson, McBrayer, Pierson, Senti, Barbre Draper, Tanguma, Allen The motion carried. Ms. Powers stated that the Findings of Fact would be availabl e for c'nside ra- tion at the next meeting on February 2, 1982. IV. PUBLIC FORUM. No one addressed the Commission under this section of the Agenda . V. DIRECTOR'S CHOICE. Ms. Powers stated that she had been informed that the School Board had voted four to one to approve use of the athletic field at the High School as a detention pond in the flood control measure s for Little Dry Creek. Interviews have been completed on the Little Dry Creek Flood control projec t, and Wright-McLaughlin Engineers have been selected to design and engineer the project. They will subcontract with EDAW, a planning consulting firm from Fort Collins, to provide the aesthetic design. Ms. Powers stated she had nothing further to report on Prowswood. Ms. Powers stated that she understood Joslins in Cinderella City will be converting the second floor of their building to office space, and will house their regional headquarters at Cinderella City. Ms. Powers stated that the proposed .eeting with the Littleton Planning eo..ission has been postponed. The staff has met with Hr. KcMiniaee, the Director of Ca..unity Development in Littleton, and agree that there are many ca..on problems facing both ~icipalitiea. Ms. Powers suggested that the Ca.aiasion consider aattera which aigbt be discussed prior to the meeting with the Littleton Ca.aiasion. Brief discussion ensued. Hatt ra which were mentioned as being of ca.aon interest were the race track prop- erty, annexation, th South Drive-in property, Platte River development and the bicycle system. VI. COMMISSION'S CHOICE. Ms. Pierson stated that sh would ntertain a aotion to approve th Minut s of January 5, 1982. Barbre aoved: Carson second d: Th Minut a of January 5, 1 82, be approv d aa writt n. AYES: McBrayer, Pierson, Senti, Tenauaa, All n, Barbr , Becker, Carson, Drap r NAYS : None The atoion c arri d. Mr. Draper expr •• d concern that perhaps th Coaaieaion had ••ce d d th ir ecop of r apoa.ibility in th d c1a1on re ardin th repair of aotorcycl a • I • • • • • • -19- in the B-2 Zone District, and that this aatter should be reconsidered. Discussion ensued. Assistant City Attorney Holland stated that someone who voted in favor of the .ation could move to reconsider the matter. Draper IDOVed: Carson seconded: The Plannina Com.ission further review the matter of IDOtorcycle repair in the B-2 Zone District at the next meetina of February 2, 1982. AYES: Carson, Draper, McBrayer, Pierson, Senti, Tanguma, Allen, Barbre, Becker NAYS: None The motion carried. The meeting adjourned at 10:30 P.M. • I . -• • .. - MINUTES LNGI.l:WOOil PUBLIC Ll BRARY AllVI SO I!Y BO.\Ril February 2, 1982 Th e r·cgu lar mcetrng of the l.rhr·ary Advisory lloar·d t<a s c:r ll ed to orde r· hy Acting Ch:.t rrrnan Dorothy Whcclelrarr at 7:3S p.m. PRESET: Wilma Ankrum, Marietta Brown, Bob Cu rrie, Debbie Dix, .Joe lbthhurrr, .Je rry V,lldes, Dor·othy Wh cc l c h;rn AilS E. T: Norm Kerswi 1 1, Kay Van VaH.en.bu rg M.SO I'HE S I:N T: Sharon l~irrU e , llJ.rector of l.iln·a r·r es Donna Gottberg, Recording Secretary l!oll c-;rll wa s ta~c n arrd ;r quor·trrn dec l :ll·t-..1 fli 'L'St'rr t . The new Board ~1embers, Ns. Ankrum and Is . Oix, were asked to introduce them - se lves to the Board. Their terms run from f-eb. l, 198 2 to Feb. I, 1986. Is . Wheelehan open ed the floor to nominations for Chairman. Marietta Brown nom- lmated Bob Currie and the nominations were then close<.!. Mr. Currie wa s declared Chairman by acclalmation. Dorot hy IV hee l chan nominated Jerr y Valdes for Vice- Cha irman and the nomination s were closcd. Mr. V:~lc.le s w ~a s c.lec:~lar e d Vi,·c-C iwirm:tn by acclaimation. Directo r's Report ~1::-:-1 in~le J:avc :t hril'f ft:ll 'kJ:rOtrnd of t ht• il('ll Vl'l' J'uhlll' i.iJ)I'ary's (Ill'!) fl'l' Hruc tur e, which weut irrt o effect October·], 1!J!iJ, for the berr e r!l or th e llC I members. A s taff recommendation and amenc.lment (attached) were introc.lucec.l and c.liscuss ec.l. 1-1 OTION: The Board send a recommendation to City Council based on th staff recommendation t; ame nc.lment regarding service to Denver resic.lents. • Moved by: Joe Rathburn Seco nc.lec.l by: Marietta Br own ~lo tion carried. ~h. Winkle noted that thc llPI. l.abrory Commission has c.lecl incc.l to consic.ler our proposa l for an exchange or I ibrury services . As 1nformat1on, Ms. Winld e gave a bnef report anc.l upJatc on automotcc.l u rculatJon l'O ntrol syst m. Th l.ihr:ary is an thc procc~s of. rr.nr,in~ for a ono;u(tant to tJv •~c the s taff on all ·•~Pt'L'ls of th e. Courputer I r.an s l.1laun, In,. sys tt·m an c ltrdrn n l'<>mp:at;rhil at y woth th <• t' io;tlllJ' !'oty ,·omput,•a· )'tun. lhil ann.an' s Choact• In dtscussion of th 191!1 \nnuul Report, ~Is. tnl.l h&ghlt~:htt-..1 lht• I'Cicn•nce 111creases and th s lt ght ancr· as tn Circu l at ion an 19 I. Becau. of th re- eva luation o th Ltbrary col i ctton a great numb r o 1t m w r w1thdr n an 1981. ,·nrlt 11 u d .•.. ,....._....__ ' I • • • • • ,. • STAFF R EC Qt.~IENDATIO SERVICE TO DENVER RESIDENTS Planning Committee members, Sharon ll'inU e , Ann Trowbridge, Karen Kelley, ll e nri Kruse, LeiOma Koestner, and Adeline Czarny met Wec.lnesday, January 27, 1 982 in order to discuss co ntinuation of circulation and reference set·vice to llenvet· resident s not entitled to hold l:ng lcwood l'ubl ic Library hotTuwc•·•,., identification cards. This meeting was prompted hy the knowledge that the nenver Pub! ic l.ihrat·y C:ommission at its January 13, 19 tl2 meeting had d cc l incd to accept the l:nglewood l'uhl i c Library 's proposal for the exchange of reference and circulation services. It i s thl' n ·t·umtu e nd:ot inn of the l:n~:lc-1;ood l'uhl it-l.ih1':1ry l'l:111ning Committee that circu l ation anJ ccfcrcnt:c sel'·vi~c to Denver residents co ntinue to be provided without charge until periodic examination of library service indicates hat provision of such service has a detrimental effect on the Englewood Public L•br.Jry 's alllllty to serve Cng lewood residents. Staff basec.J this recommenc.Jation on three major points: 1. 'on-res1dents who work, shop, attend school, etc. in Englewood arc part of the community which the Library Department serves. Bar!'ing llcnveJS t·esidcnt s access to Englewood l.iht·ary services or charging a d11·ect user fcc for such sc r vit't•s may detl·iult'ntally .li'fel't potential Ill - come to the Ci ty via reciprocal bol·t·owing contracts ovet· the long-term. dministration coo;ts (both direct and indirect) of excludins: Denver residents fl·om usc or the Lihi';II'Y or ch:ot·ging a fcc fol' li SL' may l'Xl'l 'Cd the l'OSl or continuing to provide service o them "ithout clwrgc. ~tl:.D~tl .. 1 Sli\I'F IU CO~ It : llAI JO, Sl II I CI. 10 Ill \'Ill Ill S ltll fS Staff add1t1onally reco ••d d•rcl't d to tate ICJ!I l <llot·-. 1dcr upport o u 1 I t undtng w1d 1nloraation r -.ourl.l' . that t:oun 11 b• asl..cu to ·o n!>ldcr ,, n·.,otutton from tht• ln 1:1t•~o d ;1n·.• a'>~llll! that thl'Y lOn for th Colorado I{ ~our ·c Cent r a a t.ttl•-I • • • • LIQUOR LICENSE AUTHORITY Public Hearing John W's Incorporated dba The Dart Board February 3 , 19 82 5 MEMBERS PRESENT: Donald Styes, Ronald Blanchard, Lloyd Bryan, Frances Cosby, R.L. Lunders MEMBERS ABSENT: None ALSO PRESENT: Charles Grimm, Assistant City Attorney Er i c Johanni s son, Revenue Chief Chairperson Donald Styes opened the public hearing at approximately 7:30 p.m. Eric Johannisson, Revenue Chief for the City of Englewood, presented the f ollow i ng exhibits for the City: a . Police Offense Report #81-30249 b. Tavern License Renewal Application for John W's Inc. dba The Dart Board c. Letter to Jerry Feather dated January 21, 1982 notifying him of hearing 2/3/82 d. Subpoena issued to September Noy e. Subpoena issued to Jackie Sumn~r s f. Subpoena issued to Edna Summers g. Subpoena issued to Lee Quale h . Subpoena issued to Sharon Lynn Symes i. Notice of hearing date-Officers Clancy and Stef Mr. Charles Grimm, Assistant City Attorney, called the follow i ng wi tn esses who, under oath, testified to the circumstances surround i ng the alleged vi ol a t i on at The Dart Board on December 23, 1982 : September Noy, 2324 West Baker Avenue, Englewood, Colorado Jackie S u~rs, 58 40 So uth Elati Str eet, Littleton, Colorado Lee Quale , 3872 South Fr aser, Au ro ra , Colorado Sh ron Symes, 252 Pennsylv ni Street, #406, Denver, Colorado Officer George Cl ncy, Englewood Police Department Offic r Robe rt St ef, nglewood Police Dep rtment 0 t tiv Tom Bock, Englewood Police Department Mr . J rry F th r, Pr sid nt of John W's , Incorporat d dba Th 0 rt Board, w s pr s nt, but told th Aut ho rity h misund e rstood th purp ose of this h ring nd did not bring his ttor n y, believing it would only be decided if th re w s c u for h ring. • I • • • Public Hearing The Dart Board February 3, 1982 page 2 - • • • Mr. Feather acknowledged, however, that he did receive Gary Higbee's letter of January 21, 1982. The liquor License Authority recessed so it could 111eet in executive sessio n to weigh the testimony just presented and decide the outcome of this hearing. Upon reconvening: MR. BLANCHARD MOVED, AND MS. COSBY SECONDED, THAT THE LIQUOR LICENSE AUTHORITY FINDS FROM THE EVIDENCE THAT JOHN W'S, INCORPORATED, DBA THE DART BOARD, EMPLOYED ON DECEMBER 23, 1981, II PERSON UNDER TWENTY-ONE YEAR S OF IIGE, TO WIT SI IIIRON SYMES, A PERSON SELLING AND DISPENSING MALT, VINOUS AND SPIRITUOUS LIQUORS TO PATRONS IN VIOLATION OF 12-47-128 (5) (a) CRS AS REVISED. AYES: NAYS: The motion carried. Donald Styes, Ronald Blanchard, Lloyd Cryan, Frances Cosby, R.L. Lunders None MR. BLANCHARD MOVED, AND MR. BRYAN SECONDED, THAT THE LIQUOR LICENSE AUTHORITY FINDS FROM THE EVIDENCE THAT JOHN W'S DBA THE DART BOARD SERVED MALT LIQUOR S TO TWO PEOPLE UNDER TWENTY-ON£ YEARS OF AGE, TO WIT MS. SEPTEMBER NOY AND MS. JACKIE SUMMERS ON DECEMBER 23, 1981 IN VIOLATION OF 12-47-128 (5) (a) CRS 1973 AS REVISED . AYES: NAYS: The motion carried. Donald Styes, Ronald Blanchard, lloyd Bryan, Frances Cosby, R.L . lunders None HS. COSBY MOVED, AND MR. BRYAN SECONDED, THAT THE LIQUOR LICENSE AUTHORITY HEREBY ORDERS AND DIRECTS THAT THE TAVERN LTCENS£ OF JOHN W'S INCORPORATED DBA THE DART BOARD SHALL BE AND HEREBY IS SUSPENDED FOR A PERIOD OF THIRTY (30) CONSECUTIVE DAYS STARTING OF FEBRUARY 6, 1982 AT 12:01 A.M. AND ENDING MARCH 7, 1982 AT 12:00 MIDNIGHT. AYES : NAYS: The motion carried. Donald Styes, Ronald Blanchard, Lloyd Bryan, Frances Cosby, R.L. lunders None The Authority took notice that this was the second violation found against John W's Incorporat d db The Dart Board since April 1980. Hr . F ther told th Authority h f lt th thirty d y susp n ion~ s unf ir nd extr • I . • - • Public Hearing The Dart Board February 3, 1982 page 3 - • • • MS. COSBY MOVED, AND MR. BRYAN SECONDED, TO ADJOURN. AYES: NAYS: The motion carried. /bj Donald Styes, Ronald Blanchard, Lloyd Bryan, France s Cosby, R.L. Lunders None * * * • I . • • • .. • LIQUOR LICEIISE AUTHOIUTY City of Englewood State or Colorado John W's Incorporated dha The U<it'L llotJnl 34G7 So u Lh 13roud~lay Englewood, CO 80110 Findings of Fact, Conclusion and Order of Suspension E ·rhe :lr·d duy of rcuruury, 191.!2, ul Llie ltuur uf /:4~ p.111. Lite Liquu1· L1Le11~e Authority for the City of Englewood held a public meeting to determine ~1hether the ravcrn License held I.Jy John W's Incorporated di.Ja The Uart 13uurd, ~hould be suspended or revoked because of alleged violations on December 23, 1981 of 12-47-128 (5) (a) CRS 1973 as revised for serving minors and employing a person as bartender who was under the age of twenty-one years. The following findings of fact arc adopted by the Liquor License Authority with respect to this matter. FINDINGS OF FACT 1. That introduced and received i nto evidence as City's exhibits A through I were: a. Offense report #81-3 0249, City of Englewood Police Department co ntaining evidence or the alleged vi0lations b. Application for renewal of a Tavern License by John W's Incorporated dba The Dart Board c. A letter to Mr . Jerry Feather, John W's Incorporated, dba The Dart Board dated Junuury 21, 1982 notifying or the h ring for lie nse suspension/revocation d. Subpoen issued to September Noy Subpoen issued to Jackie Su rs I • - • Findings of Fact Th e Dart 13oard January 20, 1982 page 2 - F. Subpoena issued to Edn a Sunu ners 'J. <;uh poen<~ i ~ ~rH•d to Lee QuiJ 1 c h. Subpoena i ssued to Sharon Lynn Symes • • • I . Not ice o r hea rinu Ot.lt e -orri cer~ Clun cy tlrlU Ster 2 . That Ms. September Noy, Ms. Jackie Summers, Mr . Lee Qual e , Ms. Sh aron Lynn ~y111 e::., l'ul i ce Of"f"i le r· Ge ur!Je Clun l y , l'u l ile Orf iler· l{ulwrl :.tvf we1 ·c ~wun1 and testified under oath substantially as f ollows: Ms. ~ep te1nb e r Noy , UOU Apr i l 11, 19G 4, is seventeen yeur~. entcn:u l he Uurt Board on December 23, 1981, went to the bar and ordered, received, paid f or and drank one mug of draft beer and one shot of Schnapps. That Ms. Noy phoned her friend Jackie Summers, DOB October 31 , 1961, who is t wenty yea rs old, to meet her a t The Dar t Boa rd . Ms . Sun1ners did go to The Dart Uoaru a nd sat with Ms. Noy at t he bar an d Ms. Noy or de red two more beers wh ich she paid ror a nd which were cons u1ned by Ms. Noy and Ms. Sun•ners. Neither Ms. Noy no r Ms. Summers had ever been i n th at bar before and did not kno~1 either Mr. Lee Quale or Ms. Sharon Lynn Symes , the bartenders on d uty that ni gh t. Mr. Quale served Ms. Noy a bee r and a shot of Schnapps, collected her mo ney and put it into the cash register. Ms. Symes served r1s. Noy two beers, collected her money and put in to the cash reg 1 s ter. Prior to the arrival of the Police, neither Mr. Quale nor Ms. Symes nor anyone else asked either Ms. Noy or Ms. Summers what their ages were or for proof of their ages. Neither ~Is. Sun1ners nor Ms. Noy told anyon their ages or showed proof thereof. 3. That Engl wood Police Officers Clancy and Stef responded to Th D rt Board on th phon call from an nonymous caller and detennin d th t Ms . Sun• rs was tw nty y r of g nd was consuming be r purch sed fron Th D rt Ooard, nd Ms. Noy was sevent en y rs old and had purch s d and con u d b er nd I • - Fi ndings of Fact The Dart Board Ja nuary 20, 1982 page 3 - • • • and Schnapps in The Dart Board. The lwo police officers also deler111ined lha l Ms. Symes. thf' ha r lender. was lwen ty years o l <I and had h!!f'rl f.'IIIJl I oyed as a cocktail waitress and bartender uy and in The Dart Board wherein she dispensed alcoholic 111all, vinou s and spi rituous liquors lo patrons for money. That Ms. Symes submitted an employment application to The Dart Buurd repre:.<~nlin~ ·.loc• wu ~ l wenly -l~lu yeur:. of u~ll! und llioll. lu ·r· rr.uuc • Wu '. Martinez when in fact she was twenty years old and her name was Sharon Symes . The llo<lrd Look judicial notice lhdl lhe Cily Council or [n!Jiewood had suspended John W's, Incorporated dba The Dart Board for five days in 1980 for violations of the Liquor Regulations . 4. Mr. Jerry Feather, who had been present at the hearing from its inseption, a~J)eared !Jro se, ~Id S sworn and testified thal he w<~s confused di.Juul Llle purpose of the hearing although he admitted receiving and reading the C'ily's leller or notification. ~1r. leillher declined the Chdir!Jer ·sun of the Authority's offer to question any of the witnesses who testified before hi111; however, he did ask for independent proof of Ms. Nay's ilye. 5. Detective Bock testified under oath lhal several u~nths last past he had determined Ms. Nay's birthdate was April 11, 1964 from her mother and sister. CONCLUSIONS 1. The Liquor License Authority finds from the evidence that John W's lncor~ orated, dba The Dart Board, employed on December 23, 1981, a person under twenty-one years a r <~ge, to wit haron Symes, a person se 11 i ng <.~nd dispensing malt, vinous and spirituous liquors to patrons in violation of 12-47-128 (5) (a) CRS 1973 as revised. • I • - Findings of Fact The DarL Lloard January 20, 1982 page 4. - • • • llw I iqtllll" I il"t 'll '.l' /\oillllll"ily I llod·. lo 'llll l lit<' •·vtd<•lltt' llo.ol .111111< .u ... ol o.~ye, lu 1·nl 14s. ~e1JLeu1l.Jer loy u11tl l·b. JuLkle :,ulllllleo ·~ 011 Uo:Le1ul.Je1 · ZJ , El<:l Ill Vi<d.il.illll "' I //]/ li':: (!,) ( .. )(.!(',I'll .: .... II 'VI ",I•d . 3. This is the second violation found ayainsL John \-/'s IncorpordLed Jba 1111' JJ, .. ·I J: ...... d ·. 1111 ,. /\)11' I I I 'Ji:li. 11ECISION llu.: LiqUIJ<' LILC.:II~t: /\ullou' ILY lien:t..y u•'tlc.:o ·~ •Jiitl tlit'el.b LliuL Llie L.tVt.:tll license of John W's Incorporated dba The Dart Board shall be and hereby is ·.u ~pc.:nded lor <.1 period o f LhirLy (30) consecutive ddys SLdrliny on Februury 6, l'l::;> ul 12:01 a.m. und ending Murch 7, 1982 at 12:00 midnight. • I • • -• • • SF TO: City Manaaer McCown FIOM: Suaan Powers, Director of eo..unity Developaent DAT!: February 5, 1982 SUBJECT: Out-of-State Trip Report for Susie Schneider and Mark Barber, Code Enforce.ent Officers. Attached ia the report aub~tted jointly by Mark Barber and Susie Schneider •~1z1n1 their attendance at the National Fire Acade.y 1A J-uary, 1982. Thia trip vaa prt.arily funded by the acadeay, with the City payina for food only. • I . - • • • • Er." : M E M 0 R A N D U M ----------i TO : &try Pittman, Chief Building Inspector FROM : Susie Schneider and Mark Barber, Code Enforcement Officers ~TE : Febru.ry 5, 1982 SUBJECT: National Fire Acad~ As you know • have recently had the opportunity to attend the National Fire Acad~ in ~itsburg, M.ryland. The course we enrolled in was titled "Fire Prevention Specialist I". The eourse was pri111rf1y designed to educate the · Fire Prevention Technician in skills required to carry out his assigned tasks. After havint taken the course, we have found that it is not only beneficial to the Fire Prevention Technician, but also has great value to the Code Enforce.ent Officer and the Building Inspector as well. The course of study dealt with: 1. Inspection Technique Z. ~lationship of Building Code to Fire Codes 3. Utilization of the 101 life Safety Code 4. Hazardous Materials Identification and Storage 5. Fire Suppression SystMS 6. Professionalism In the course w learned how to be 1110re professional in our jobs. We learned how to look at 1 particular situation, identify the probl-.s and then learned how to use the Code book and co.. up with a solution to the proble.s found. Wt also l .. rned that the attitude of your local jurisdiction has direct bearing on how effective you are in your job as it relates back to the co.aunity at large. All i n all Susie and I f ee l that this course was very beneficial to us personally as well 11 professionally . We hoot that the Citv wfll continue to give us the opportunity to attend MOre courses like th i s one . /jkw -J . • I . - TO: FROM: DATE: SUBJECT: • • • MEMORANDUM Honorable Mayor Eugene L. Otis and Members of City Council Louis Parkinson, Municipal Judge~ February 8, 1982 MUNICIPAL COURT ACTIVITY REPORT FOR DECEMBER, 1981 Attlched is the Municipal Court Activity Report for the month of December, 1981. It includes the total figures for the year. The report is being transmitted to keep you fully informed of Court activity and requires no action by City Council. I Att. • I . . • • - r---- C 0 U N C I L C 0 M M U N I C A T I 0 N DATE AGENDA I TE M SUBJ E'C T February 9, 19 82 LIBRARY SERVICE TO DENVER RESIDENTS INITIATED BY LIBRARY ADVISOR Y BOA RD ACT I ON PROPOSED Council accept t he Board recommendation regarding service to Denver resident s. INTRODUCTION: The Library Advisory Board at its meeting of February 2, 1982, approved a recommendation regarding service to Denver residents. BACKGROUND: The State of Colorado has funded the Colorado Resource Center (CRC) since 1965. The contract for operation of the CRC has historically been assigned to the Denver Public Library. Prior to October 1, 1981, the CRC provided three basic public services: 1) Inter-library loan and library-to-library reference service. These services require a citizen's local library to act as an intermediary in obtaining materials or inforaation fro• the Colorado Resource Center. 2) Walk-in Reference Service. l ; • n n H r , , ...._ _ t j · ,J(l I( c' ,• 6 3) Telephone Reference Service. A related service --circulation of materi ls --was administered via the Central Colorado Library System. The State Legislature greatly reduced Colorado Resource Center Funding for FY19 2. As a result the Denver Library Commiss ion decided that it could accept a contract for prov1 ion of ~rtial CRC ervices, nam ly Inter-library Loan and Library-to-Library Reference. T~ co .. ission then provid d a m chanism whereby D nver non-residents coulu obt i n direct access to th Library Sy tem --direct user fees eff ctive Octob r 1, 1981. (Fee chedule attached) At the sa.e ti• the Commission withdrew fro• p rticip tion 1n the Centr 1 Color do Library System reciproc 1 borrowing progr Soon fter the user fees went into eff t th Eng! wood Public Library St ff nt red 1nto negotiations with the Denver Public Library dministration a ared to r a 1n ccess to the Central Library for Englewood r id nts without charge. The result of these negotiat1on w L1br ry Advi ory Bo rd to th D referen e nd circulation Denver Library Co .. i sion de ided th t it would not 2, nJ I • • -• • • The Eng l ewood Publi c Library staff monitored reference service on a monthly basis during fourth quarter 1981 via user surveys. Circulation activity is routine ly recorded on an actual transaction basi s. To tal circulation to En lewood non-residents under reci - rocal borrowin a ree.ents wi th the Centra Colorado Librar S stem and the Ara ahoe Reaional Librar District decreased slightly in fourth ua 1 as compared to fo urth quarter 1980. Circulation to Denver reSIOents was lower rt er-rggr tnan in ourth quarter rnolly an av erage of 9. 6 \ each month . . Reference service rovided at all locations of the ~nglewood Publi c Library i ncreased b~ 6\ in 1981 over 1980. This 1ncrease was spread over the entire year. Therefore, staff aoes not believe that the ent ire increase can be attributed to dis continuat ion of walk-in ana-telephone reference services v ia -~--coTOrado Reso~r~C enter. Reference service i ncreased in 1981 as follows : 1st quarter 2nd quarter 3rd quarter 4th quarter 3.5\ 7.4\ 1\ 12\ It is interestina to note that reference service to Denver residents as recorded in the fourth quarter 1981 .onthly surveys decreased from 16\ of the total in October to below 8\ in Nov eaber/D ece.ber coabined. Durin& the saae period reference service to Englewood residents increased from 60 \ of the total in October to 67\ in November/December combined. RECOMMENDED ACTIO t is the reco .. endat ion The reco .. endat ion is based on three major points: 1 . on-residents who work, shop, attend school, etc. in Englewood are part of the co.-unity which the Library Department services. 2. Barrina Denver residents froa using Englewood Library services or charging a direct user fee for such services may detrimentally affect potential income to the City via reciprocal borrowing contracts over the long-term. 3. Administration costs (both direct and indirect) of excludin& Denver residents from use of the Library or charging a fee for use may exceed the cost of continuing to provide service to thea without charge. In keeping with the Board's belief that action regarding this subj ct should center round reaainina Colo rado Resource Center Service for En&lewood residents nd co.-unity •embers without dir t user char& th Board ddition lly reco .. ends that Council consid r • I • • • - The Englewood Public Library s taff monitored reference service on a monthly basis during fourth quarter 1981 via user surveys. Ci rculation activity is routinely recorded on an actual transaction basis . Total circulation to En lewood non-resident s under reciE- rocal borrowin a reements with the Centra Colorado Librar S stem and the Ara ahoe Regional Library District decreas~ slightly in fourth ua 81 as compared to fo urth quarter 1980. Circulation to Denver res1 ents was lower uarter~-gr-~n in ourth quarter 1 80 y an average of 9.6% each month . . Reference service rovided at all locatio~he Englewood Public Library i ncreased ~ 6\ in 1981 over 1980. This 1ncrease was spread over the entire year. Therefore, staff aoes not believe h ~ntire increase can be attributed to discontinuation of walk -in an terepbone reference service -.--t e .!&lgz-adQ Res_uuz:~ C._enter. Reference s ervi ce i ncreased in 1981 as follow s: 1st quarter 2nd quarter 3rd quarter 4th quarter 3.5\ 7 .4\ 1% 12\ It is interesting to note that reference service to Denver residents as recorded in the fourth quarter 1981 ~nthly surveys decreased from 16\ of the total in October to below 8\ in Nov eaber/Dece.ber coabined. During the saae period reference service to Englewood residents increased from 60% of the total in October to 67\ in ovember/December combined. RECOMME NDED ACTION t is the reco .. endat ion of the Englewood Public Library Advisory Board that circulation -and re erence service to Denver r e s1~enl$ cont1nule to be:Provra-ed without charge until periodic exaa1nat1on of library service indicates tha~v1s1on o ce a etn•ental ~ct-on the Englewood Public Library s ability to resid ent s. The reco .. endat ion is based on three .ajor points: I. Non-res id ent s who work, hop, attend s hool, etc. in Englewood are part of the co-.unity wh ich the Library Dep rtment services. 2 . Barring Denver residents fro. using Englewood Library services or charging a direct user fee for such services may detrimentally affect potential income to the City via reciprocal borrowing contracts over the long-term. 3 . Administration co ts (both direct nd indirect) of excluding D nver residents from use of the Library or charging fee for use m y exceed the cost of continuing to pro ide service to th without ch rge. In keep1ng with the Bo ard's b lief th t a tion reg rding this ubj ct should center round regaining Col orado Resource Center Service for Englewood r sidents and co.-unity aeaber~ without Jirect user ch rg th Board ddition lly r o .. nds that Coun il consid r • I • - -- • • • • esolution directed to state legislators from the Englewood area asking that they onsider support of full funding for the Colorado Resource Center as a state-wide 'nfo~ation resource. SUGGESTED ACTION: l'«lVED IY ____________ _ SECOND ________________ __ YES ________ NO. ______ ~~-~S ENT __________________ ~-------------- • . I • - -. -= • • • ,. - EFFECTIVE OCTOBER 1, 1981 Denver Public Libra ry cards will be REQUIRED for all library services. I. Fl£a cards wi 1 be issued to: A. Deaver residents with two positive proofs of identification an4 residency. Apply for a card at your nearest Denver Public Library. I. Denver businesses whose representatives contact the Circulation Depart .. nt of the central Library by letter or in person. Their request for the card should be on company letterhead and signed ~1 two officers of the business. The letter should state that the ~uaiDess will be responsible for any charaes aaainst the card which are aade by .. ployees. The business will be issued o.e card which is transferable a.ong eaployees for business uae only. lequests for additional cards will be considered baaed on the needs of the individual business. C. Deaver taxpayers/propery owners who do not reside in Denver. Please brin& proof of ownership (e.g. tax receipt) to your ... reat Denver Public Library. D. Deaver nonprofit aroups or organizations apply and receive ~aiaeas cards as outlined above. In this caae, the organization r~uest should be on letterhead signed by two directors, adainis- trators, or officers. CiLy Agencies will be issued MunicipAl laference cards. II. Deavsr Public Library cards also will be issued for a FEE to: III. .+.. lloareai4-t individual& ($100 per year) and to nonreaident f..tliea ($200 per year). I. looreaident busineases ($350 per year). No additional cards will M provided. C. ao.,rofit corporations or organizations with nonreaident aeabers ($3~ per year). This card ia tranaferable a.ona .eabera • .+.lao, iDdividual ..abers aay purchase cards for $20 each. D. llt41vi4uala requeatina a one-day reference pass at the central Li~rary for $10. Ceatral Library services alao will be available to: .... Peraooa a edina accesa to aovern.ent publication& • •• Peraoaa need ina acceas to the Poundation Center .. teriale • C. Peraoaa who enter on Acoaa St. for Pila Center servic s aD4 reatal. 9/81/3.5H /.·-. I • • - • • --·/,t,Ji• ~ t l I , . . !··· ,. / .. • DENVER PUBLIC LIBRARY SERVICE FOI< ENGLEWOOD ltES I Ul :N'I'S : A I'IWI'OSAI. The City or t:uclcwoutl wi II .. ,~ .. ·..:hasc" =···lo..:t'l•·d ,,,.,.Vl\'t•:, r ...... ,, ... ''''IIVI 'f' l'ulol ,, Library for persons or organiz.ations holJ.iu~ v;;.l.id Englewood l'uhl i..: l.ilt~·:"'Y borrower's cards in the following manner: t:n:tlit I:n~lcwoou with sc•·v.i..:cs to llcuv<.:t ' a·csidcuts : 1) En&lewood Public Library circulation to Denver residents 27 ,976/ycar X $0 .75 = $20,982 2) En¥lewood Public Library rcfercn.:c to Ucuvcr rcsiuen~s 56/week X 52= 2,912/year X $7.00 = $20,384 $41,.)6(> E.xclwnge lhc al.xlvc sc•·vi..:cs fo1· sclc..:tcu llcnvcr l'ubl i..: l.ah•···•·y :-.c•·v ,, . ..,,, for En&lewood residents: 1) Circulation at Denver Public l.ihr;.a·y Centr.11 location 39H4/ycar X $U.'l~ $ ~.~HH 2) Walk-in reference at Denver Publ i..: Library Central lo•;;at ion 36 X 2.5 • 90/weck X 52~ 4,~80/yr. X :p. UlJ ... $.\.:, ~'I• II 3!1, 71JH The above fl~:urcs aro presented as csti,.atcs of ~ransactin·t voluuw s. Wt· MtJ~J:c:-.t that COIIparisons of transactions be 11aue on a quorlcrly ba:.Js ba:.<.'\1 ou :.u•·vcy:. of actual usc . If a disp:~r\ty in v:~luo of services rcndcr•:J i!l'e:ltcr th:tn ~h :tt ind1cated Mbove should occur cosh payments coul u be con:HJ•:r<.'\1. • I . - .January 27, 1H2 Dear Sharon: • • • Ms. Sharon L. Winkle Director of Libraries Enllewood Public Library 3400 Elati Street Englewood, CO 8011~ '1 ....... c.., -·---·"-----· CMr~.· -,o.-·"'· The Library COIIIIIliaaion di8cuaeed the proposal from the Englewood Public Library at ita meeting of .January 13, 1982. The Library Commission's deciaion waa that it would create no additional types of library cards and would not chan&e existing policy. Thus, the only alternatives open to you now far Heuring library aervices from Denver Public Library for your residents would appear to be either funding by the state legislature or contract far MI'Yice with the City and County. I am sorry that we could not work out an acceptable alternative. Hope you had a lood vacation. ""';t:E·~ Henry G. Sh-.rouae , .Jr. City Librartan HGS :mk • -·. I • • • • - C 0 U N C I L C 0 M M U N I C A T I 0 N DATE AGENDA ITEM Februar 10, 1982 u.B SUBJECT Amendment to §22.7 of the Comprehensive Zonin Ordinance -the Si n Code. INITIATED BY 'Ihe City Planning and Zoning eo-ission. ACT I ON PROPOSED Set a date for Public Hearing on the proposed amendments to the Sian Code. INTllCI>UCTlOM AND JA£XGROUND: The present Sian Code was adopted by Ordinance No. 18 of 1974, and was designed to meet the needs of the ca..unity at that time, yet to stay within the bounds of Court decisions handed down in the cases filed against the City of Denver by outdoor advertising firms. Recently, however, Courts throughout the country have handed down decisions in cases in- volving sign codes which reverse the position taken by the Court in the early 1970's in the Denver suits. Also, considerable new development has taken place in the City of !b&lewood since 1974, and persons in the business co.munity are more aware of strides that have been taken in th adv rtising industry and want to upgrad their own signs -- and expect their neighbors to do the saae. To this end, the Downtown Business Associatio and the !n&lewood Dovntovn Developaent Authority have requested th City to consider re- visions to the present Sign Code in an effort to improve the quality of signs. The City Plannina and Zoning eo.aission and the staff have been working with businessmen aver the paat six ~tha in order to develop a code which will be equitable to the buaineasaen, yet auffici ntly restrictive as to have a positive effect on th existing and future eianal•· The propoeed Sian Code revisions include major changes in sign area, heights of aians, sign fac and signabl area. The Planning iaaion has h ld two public hearings and two additional public m tings in an effort to aet input froa the busin sam n. Th staff has also had m tinga with alan c panies, auta.obil d alers, shoppin center t nants and aanag rs, and individual buainea.._n . Several changes have b en made in the proposed Cod as the result of th s aeetin&• and the ~iaaion is of the opinion that th Sign Cod which was approv d and referred to th City Council following th Public H ring on January 19, 1982, r fl eta the wish s of the aajority of th buain •• co .. unity. Th proposed Code has b doraed by the ard of Dir ctora of the Centennial Chaaber of eo..erc • The propoeed Sisn Coda, the eo..ission Findings of Fact, and Ieauea and Answ ra --- questiona that have b n aak d and r spona • to thos qu ations ---ar ttach d. c aus of the detail involv d in the Sign Cod r gulationa, it aay b of aaaietanc to th City Coun 11 to hav a etudy a eeion with th atatt to revi w th r vie d Cod Thie ould be arranaed at the COuncil'• conv nienc • Additional inforaation, includio • I • • • • • .. staff reports and discussion of issues by the City Attorney, will be available to the City Council prior to the Publ ic Hearing. RECOMMENDATION: It is reca..ended that a date be set for a Public Hearing on the proposed revisions to the Sisn Code, 122.7 of the eo.prehensive Zoning Ordinance. SUGGES TED ACTION : ~VE D IY ______________________ __ S COND·-------------------------- YES NO. ________ ABSE NT ________________________________ ___ • I • • - • • • • Ml!MCltANDUH TO THE ENGLJM)()D CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE CITY PLANNING AND ZONING COMMISSION DATE: January 19 , 1982 SUBJII:T: Aaendment of Coaprehensive Zoning Ordinance RECOMMENDATION: McBrayer -.oved: Carson seconded: The Planning Qoaadssion reco .. end that the Comprehen- sive Zoning Ordinance. 122.7. be amended by repeal of the existing Sign Code. 122.7. and adoption of the proposed Sign Q>de dated January 19 • 1982. AYES: NAYS: Jecker. Carson. McBrayer. Pierson. Senti. Barbre Draper. Tanguma. Allen The motion carried. By Order of the City Planning and Zoning eo-ission I . . ( • • • • PROPOSED SIGN CODE ENGLEWOOD, COLORADO • I . • • • TABLE OF CONTENTS §22.7 SIGN CODE §22.7-1 General Statement §22.7-2 Scope and Application of this Section 3 §22 .7-3 Permit for Group Signs 4 §22.7-4 Signs Not Subject to Permit 5 Signs Subject to Yearly Registration §22.7-5 10 Signs Prohibited in All Zone Districts §22.7-6 11 Signs Permitted in Residential Zone Districts §22.7-7 13 Signs Permitted in Commercial and Industrial Zone Districts 17 §22.7-8 §22.7-9 Sign Area Measurement 24 §22.7-10 Maintenance 26 §22.7-11 Nonconforming Signs 27 §22.7-12 Prohibited Signs 30 §22.7-13 Hazardous Signs 33 §22.7-14 Abandoned Signs 36 §22.7-15 Permits 39 §22.7-16 D finitions 43 I . • • • - • • PR O J A U/IRY 19, 1982 ENGLEWOOD , COLORADO SIG CODE Th I Ordinance hall be known and cited as the "City of Engle;;ood Si n Cod §2 • 7 SIG CODE TIH Citv Pl nnin and Zoning Commission nd City Council r cognize th:tt in arc a nl'c ssnry m n of vi u l c mmunic ti u or th convcni nee of th public and thnt It i the right of th one rn d to id'ntif th ir busine "es, servic s or oth<!r ctivitie by th,, u of igns. H Vt.!r., 'e C mmi sion and ~oun 11 r 1 o waru th t •1 t h: •tts of f ngl 1000d r concern d bou d ptin nd ntotcl%1 ound cnvi on nt 1 pr t ce , in- eluding It rrict c ntrol of 1 nd 1 si ns to ho h1ch ud incidtntnl to h u on wh r u h s1 ns re 1 at d. It i t r 8 for I d th r 1 tio j hiB ry: • r ult th vi of ary r fi • nd I • wl t 1 1 r tl t. • - • • • • • • -2- c. To provide a reasonable balance between the right of an individual to identify his business and the right of th e public to be protected against the visual discord resulting from the unrestricted prolifer- ation of signs and similar devices. d. To require that signs which advertise or identify a u se or business no longer in operation b removed within a r easonable tim • To rPqu1 r that ign ich do not comply with the requirem nts of this Ordinanc e b t rminat d ithin a reasonable period of 1m • • I • • • • • • -3- §22 .7-2 Sco pe and Ap pl i cation of this Se c tion. These regulations s ha l l go ve rn and control the display, c onstruction , erect ion , a lterat i on, r emo d e ling, e nlarging, moving or maintenance of all signs permi tted within all zone d is t rict s es t a b lishe d by th is Zon i ng Or dinan c e and a ny amend ment s thereto . Up on a p pl ication to and i s suance by the Departm ent o f a permit t h r e - for , a sign ma y be rec t ed, a lte r e d and ma intaine d only for a Pe rmitted Us e i n the Di s tr ic t i n which the signs a r e l oca t e d; sign s shall be located o n th s ame lot a th P rmitted C ·e ; p r o v i ded, how ver , t hat no si gn o f any t yp e shall be r c t d o r ma lntained or or by a single-family, two-f mily or thre -family r id tial u , e x ept Hom Occupa t ion ~igns and c r t ain sign s for which no pe it is required. , othin h r :In contain!"d hall b deem d wa1v r o f the prov is i on s of an y o or re •ul ti o n ppl!cable to sign . Signs locat ed i n r as ov r n d b s v r all uch ti in hie o rdin nc s nd/or applies nd r ula 1 n • If ther re ulation sh 11 comply with a con l ie b tw en he r e ul a - n nd n y o h r rdinanc or r ula 1 ns, h mor t ringent r l a ton all p 1 • • I . • • • • -4- §22.7-3 Permit for Group Signs. Persons submitting a plan for a group of signs which are designed as an integral part of a new Planned Development or a new single development occupying no less than 24,000 square feet of lot area, may be granted a 25% increase in number of signs or maximum square foot area subject to the approv- al of the Director of the Department. • I . • • • -5- §22.7-4 Signs Not Subject to Permits . The following signs msy be erected and maintained in all Zone Districts without a permit. Such signs shall be in addition to all other signs permitted in any Zo n e District providing such sign s d o not require direct electrical wiring, and c onfo rm to setbacks of the designated zone districts. Even though permit s are not required for the following signs, wall signs shall be located only in the signable area, and window signs shall be counted toward th 25% maximum coverage. This restriction shall not apply to holiday decorations, or to short term advertising as provided in §22.7-8 h. o permit shall be required for copy changes or maintenanc to a conforming sign if no structural changl ar madt. a. Bulletin Boards. Bulletin boards for public, <haritable or religious institutions, whlch re not over tw lv (12) quare fe t in area, and which r l oca ted on th premis of aid institutions. b. El hall not bL p t d m r than forty-flv ( 5} c lend r d y prior to th lection to which the nd slgn relat foll win th l ction t limit d tow ll, wind of pap r r loth, d v d within fifte n (lS) c nd r days hich th i n r lat u h ign ar Ill , and h 11 n t a b nn r 11 n b illu in ted. 1. ~R~~~~~~~~~~ Th •r ah 11 b no mor th n two hall n< t x d tw lv (12) qu r f t (l) 1 r ch lot; th 0 nd h 11 b n r t h n alx (6) f in h :1 ht I • • • • • • -6- 2. Commercial and Industrial Zone Districts. There shall be no more than two (2) per each street frontage; they shall not exceed twenty-four (24) square feet of total sign area. c. Flags of nation or an o rganization of nations, states and cities. d. Holiday Decorations. Signs in th e nat ure of decorations, clearly incidental and commonl y associated with any national, local or religious holiday; provided that such signs s hall be d isplayed for a period o f not more than sixt y (60) consecut ive calendar days. Such signs ma y be of any type, number, area, height, location, illumination , or anima t ion, and shall be located so dS not to c onflict with traffic regulatory devices. e. Ide ntif ication Signs. Signs limi t ed in con tent to name of oc cupant, ddress of pr mi es, nd no more th n four (4) square fee t per ~i n In rea. Such sign are limited o no mor than one (1) per t re t fron , nd may be llluminat d only rom a concealing light source . One additional sign not to exce d four (4) square feet in ar a may be plac d at a r ar entr nc . f. h n tw lv (12) d olo Jc 1 1 n not mor squ r ft t 1n ot i n r th n t (2) p r lot. ·u h I n ar limit d to n•t m r Providing no ai n , symbols, 1 t rs, n rvll , or produ t, occur on h huildin or t • p rc of th bulldlna which 11 lllu In t d . I • • • • • • -7- h. Memorial Signs. Memorial signs or tablets, giving the name of building and date of erection, when cut into any masonry surface or inlaid so as to be part of the building. 1. On-site Informational Signs. Signs commonly associated with and limited t o information rel ating to the Permitted Use on th e lot on which the sign is located; provided that each such sign does not exceed fo ur (4) squar e feet per fa ce in a rea. Su c h sign s are limited to a t otal of four (4) sign s for e ach us , or a s deter- mined by the Dir ector based on special needs of the business or industry and may be illuminated only from a conceal d light source. j. Private Parking or Traffic Direction Signs. Signs giving parking or traffic directions or restrictions wh ich do not require direct elec tr ical wiring , provid d that such signs are limi t d to: wall and ground signs, not mo r than two (2) signs per c urb c ut on th e lot and not re than six (6) sq u r fe t per face tn area, and not more th n six (b) f t in h ight bov grad . Not mor than on (1) direction 1 sign may be di played at ach curb cut. Such sin may be illumin1t d from cone 1 d light source which do a not fl ah , blink, or 1uctu t , nJ shall not b snimat d. k. qu re f t tn sr 1. Public s. a pubtt rurp b Nam plat si na not r th n two (2) whi ch r fast n d dir ctly to th buildin . I n r qulr d or sp ct ically uthori~ d for ny 1 w, t tut or ordln ~ • I • • • • • • -8- m. Scoreboards located on athletic fields, and time and temperature devices. n. Special Event Signs. 1. Residential Zo ne Districts. Special Event signs are per- mitted in addition to all other signs allowed for a Permitted Use. Such signs shall be limited to one (1) wall or one (1) ground sign, subject to limitations described in this section and in §22.7 -6b; no more than twelve (12) feet in height, and shall not exceed twelve (12) square feet in area, and shall not be displayed for mor e than thirty (30) calend ar days. 2. Commercial and Industrial Zone Districts. One Special Event sign may be permitted in addition to all other signs. Such sign shall b limi ted to wall, window o r ground signs, subject to limitations de cribed in §22 .7-8 c 1, 5, and 6. Such sign shall not be more than twenty-four (24) square f et in area nd bhall not be displ yed for more than thirty (30) calendar days. o. Stre t 8 nners. B nners acros public thoroughf r announcing events sponsor d by th City , Englewood School District, Ar paho County, or clt ritable organiz t ions may be authorized by temporary p rmit by th Director. Such Str et 8 nn rs shall b inst lled, removed nd aaint in d by th sponsor. p. Symbol or cr at of n tion 1, at te, r ligioua, frat rn 1, pro- f aai n 1 nd c ivic org niz ti n a • I • • - • • • • -9- q. Vehicle Consumer Information Signs. Signs on cars, trucks, or other vehicles displayed in commercial lots which give information as to price, rental, sales, lease, emissions or mileage of such vehicles. r. Works of art which in no way identify a product. • I . - • • • • • • -10- §22.7-5 Signs Subject to Yearly Registration. The following signs shall be required to be registered with the Department sixty (60) calendar days after the effective date of this ordinance. This registration must be renewed on an annual basis there- after and subject to the following conditions: a. Contractor Signs. A sign not more than twelve (12) square feet per face in area and not more than twenty-four (24) square feet in total sign area, which names the contractors or sponsors engaged in construction on the property where the sign is located. b. Real Estate Signs. Signs which advertise the sale, rental or lease of the premises upon which said signs are located. Such signs shall not extend outside the property line and shall not be more than six (6) square feet per face in area • • I • ...... • • • • .. -11- §22.7-6 Signs Prohibited in All Zone Districts. a. Any sign not permitted in the designated Zone District. b. Any ground sign within a triangular area of thirty (30) feet along two (2) sides of an intersection of curbs of two (2) streets, a railroad right-of-way and a street, a driveway and a street, or an alley and a street, which does not have a clear area of seven (7) feet between the grade level and the bottom of the sign unles s approved by the City Traffic Engineer. c. Animated signs. d. Banners, pennants, valances, and wind-powered devices. e. Billboards. f. Fla h i ng or blinki ng sign , xc pt for s core b oards and tim and temp r tu r dev ic g. Portabl signs. h. Outdoor display of m rchandise on public right-of -way • 1. Roof ai na. j. 5 rch light s. k. 1 na paint d on f nc a. • I • • • • • -12- 1. Strings of light bulbs used in connection with commercial premises for commercial purposes, other than traditional holiday decorations. m. Third-party signs. n. Wheeled advertising devices, except for permanent signs on licensed vehicles. • I • • • • • • -13- §22.7-7 Si s Permi tted in Residential Zonin Districts : R-1-A R-1-B R-1-C, R-2, R-2-C, R-3 and R-4. a. Permitted Maximum Number. 1. Residential uses shall be permitted one (1) sign in addition to those permitted in §22.7-4 b (1), c, d, and f. 2. Nonresidential uses shall be permitted two (2) signs in addition to those permitted in 122.7-4. b. Permitted Maximum Sign Area. 1. Single-family, Two-family and Three-fami ly Residen ces. On e (1) s quare f oo t in add i t i on t o the area o f thos perm i tt ed in §22 .7-4 b (1), c , d, and f. 2 . Rel igi ou s a n d Ed ucational Institutions , Public Build i ng s and Residentia l Uses wi t h Be tw een Fou r (4) and Thirt y-Nin e (3 9 ) Dw elling Un i t s . Twenty (20 ) square f e e t or t wo (2 ) s quare fee t of sign ar a for ach one-thous nd (1 ,000) square feet of lot are ; not , ho w v r, to exceed sixty (60) squa r e fee t of total sign area and provided that no on sign face shall exce d twenty (20) aqu re fe t in area. 3. U Having Forty (40) or Mo r e Ow lling Units . Twenty (20) squ r f t or two (2) square fe t of ai n are for e ch thou nd (1,000) aquar f et of lot r a; not, ho w ver , to e xc d nin ty- aix (96) quar f t of total sign r a for ach lot provid d that no n dgn face shall ex d thirty-two ( 32) aquar f et . I • • • • • - -14- 4. Other Lawful Non-Residential Uses. Twenty (20) square feet of sign area for each use, provided that no one sign face shall exceed ten (10) square feet. c. Permitted Sign Types. 1. Ground Signs. Ground signs are permitted only for religious and educational institutions, public buildings, hospitals, clinics , professional offices, or forty (40) or more residential units. Such signs shall be no more than fifteen (15) feet in height and shall be set back ten (10) feet from the property line and are subject t o the limitations described in §22.7-6b. 2. Marquees, Canopy or Awning Signs. All signs shall be parallel to the face of the marquee, canopy or awning upon which such signs are displayed and shall not project above or below the face of the marqu e, canopy or awning, and s hall only identify the business by nam and/or address. 3. Maximum area of th sign shall b twenty- five (25) square feet p r face and the maximum height shall be tw nty (20) fe t. Such 81 ns hall b located in the "si nable ar a" of the facade of the buildin , as d &crib d in 122.7-9 a 3, nd mu t not b cu r major archit c tural d tails o r xtend above th roof lin f t fro grad jection shall b Such si ns shall hav a clearanc of t n (10) 1 v 1 to th bottom of th si n. Kaximua pro- hirty (30) inch s fro th buildin to whi ch it is sttach d . If a sign projects mor than thirt (30) inches over th publi c ri ht -o f-way, n encroach nt nt IIUst b I • • - • • • • • • -15- obtained from the City. Where a projecting s ign has two (2) or more display faces, all faces shall be included in determining the area of the sign. 4. Suspended Si gns . Suspended signs shall not exceed four (4) square feet per fa ce in area; shall be separated by a distanc e of fifteen (15) fe e t and s hall have a minimum clearance of seven (7) f eet above grade level to the bottom o f the sign. Such signs shall be limited in content to identification or address of the business. 5. Wall Signs. Wa l l sign s s hal l be no great e r than twent y (20) feet in heigh t , sha ll not proj ect more than twelve (12) inches f rom the f a ce of the buildi ng to wh ich i t is attached and s hall no t e x tend above t h e roof l i n e or the para pet wall. 6. Win dow Sign s. Wind ign shall no t occupy mo r e than 25% of the window in which they a r d is playe d and s hall not be d is- played in windows above th first floor level. d. Ho Occupation Sign. Hom occupation sign not mor than on (1) aquar foot in ar a, whi ch is ffix d to the building, and which is unlighted and unaniaat d • e. or multi-ntification Wall i s. o th aximum h ight p rmitt d in th dditlon 1 wall sign ar shall b p rmitt d stori d buildin s in R-Z ne Diatrict, or buildin a in conformanc with th h dul orth b 1 sh 11 b I • • • • • -16- based upon a square footage factor multiplied by horizontal linear footage of the building facade at the elevation of the facade where the sign is placed. 1. For signs located fro. sixty (60) feet to one hundred (100) feet in height, the factor shall be five (5) square feet. 2. For signs locat d from one hundred one (101) feet to one hundred fifty (150) feet in height, the factor shall be six (6) square feet. 3. For signs located one hundred fifty-one (151) feet to two hundred (200) feet in height, the factor shall be seven (7) square feet. Multi-storied buildings may be permitted identification wall signs of the siz provided by subparagraphs 1 through 3 for each building f cad visible from a public right-of-way. Wall sign ar s permitted by this subs ction for one fscad ma y not b used for any fac d oth r than the facade for which such allowance ia granted and shall be xempt from 122.7 -9 a 3. Such signa shall not count a a1nat maximum ai n area, or m imum number of signa. f. Pe~itt d Illumination. All signa d scribed above exc pt electi n ai na and home o cupation signa y b illuminat d, but only fr c n al d li ht aourc • Si shall not r main ill inat d b tw nth hours o 11:00 P.M. and 7:00A.M., xcept signa p ~it d for m dic.-nd public a rvic • •uch aa polic nd fir , hich ar pr vtd d n • tw ntv· our hour b ia • I • - • • • • • -17- §22.7-8 Si s Permitted in Commercial and Industrial Zone Districts: B-1 and B-2, I-1 and I-2. a. Permitted Maximum Number. Each permitted use may have three (3) signs if the linear foot of the street frontage is 150 feet or less; four {4) signs if the linear foot of the street frontage is 151 feet to 300 feet; five {5) signs if the linear foot of the street frontage is 301 feet or greater. b. Permitted Maximum Sign Area. 1. For All Permitted Uses: {a) For a Lot Having One Permitted Use. For the Permitted Use, the maximum sign area shall be eighty (80) square feet or as calculated from the table herein: Street Frontage 1 foot t o 100 fe t 101 f t to 250 fe t 251 fe t + Sign Area/Foot of Street Frontage 1.5 s q. ft./1 foot 1.0 sq. ft./1 foot 0.4 sq. ft./1 foot o singl sign fac shall xc ed one hundred (100) squar f t in rea, xc pt as provided in subsection 3 her of, nor shall th total sign area of any ua exce d aix hundr d (600) aquar f t. (b) For Permitted Us s. Fur ech Permitt d u th aaxi sign ar a ahell b i&hty (80) equar t t or c lcul t d froa th tabl h rein: I • - • • • Building Front 1 foot to 100 feet 101 feet+ • • • -18- Sign Area/Foot of Building Front 1.5 sq. ft./1 foot 1.9 sq. ft./1 foot No single sign face shall exceed one hundred (100) square feet in area except as provided in 122.7-8 e and i nor shall the total sign area of any use exceed six hundred (600) square feet. c. Permitted Sign Types. 1. Ground Signs. The maximum height of a ground sign shall be twenty (20) feet. The distance between signs on adjacent lots shall be not less than the height of the taller sign. If there is more than one business in a building or if a group of buildings are associated by ownership, no ground signs are per- mitted except Joint Identification Signs. Where a ground sign has two (2) or more display faces, all faces shall be included in determining the area of the sign. 2. Marqu a , Canopy or Awning Signs. All signs shall be parallel to the face o the aarquee, canop y or awning upon which such signa ar diepley d and shall not project above or below th face of the aarqu , canopy or awning, and shall only id ntify th busin ae by n and/or addrea t w nty-five (25) aquere f shall b tw nty (20) f t. t per face and th maxiau. height Such aigne shall be I • - • • • • • -19- located in the "signable area" of the facade of the building, as described in §22.7-9 a l, and must not obscure major architec tural details or extend above the roof line. Such signs shall have a clearance of ten (10) feet froa grade level to the bottom of the sign. Maximum projection shall be thirty (30) inches from the building to which it is attached. If a sign projects more than thirty (30) inches over the public right-of-way, an encroachment agreemen t mu s t be obtained from the City. Where a projecting sign has two {2) or more display faces, all faces shall be in- cluded in determining the area of the sign. 4. Suspended Signs. Shall not exceed four (4) square feet per face in area; shall be separated by a distance of fifteen (15) feet and shall have a minimum clearance of seven {7) feet above grade level to the bottom of the sign. Such signs shall be limited in content to identif ication o r address of the business . 5. Wall Si s . Wall sign shall be placed only in "signable areas" of a building faca de except as s pecified in §22.7-8 i 1. "Sign ble Area" of the building means any area of the facade of th building up to the roof lin which is free of windows and doora or major architectural detail. Th area of the wall aign •uat not exc d 40% of th id ntifi d "aignable ar a". Wall aigna may not proj ct more than i ht n (18) inch from th aupportin wall. Wall aigna may not xt nd abov the roof lin or parap t wall. 6 . Wind hall no occupy 110r than 25% I • • - • • • • • -20- of the total area of the window in which they are displayed. This 25 % maximum c overage shall include all signs exc ept short term advertising signs regardless of whether it is counted for sign area allowed or not. Signs displayed twelve (12) inches or less from the interior of windows shall be debited against the square foot area and number of signs allow~d a permitted use. Window signs are not permitted in windows above the first floor. d. Drive Thru Identification Signs. Each Permitted Use with a sheltered drive thru facility may have one (1) identification sign attached to the shelter structure subject to the limitations of 122 .7-9 a 3 . Maximum sign area shall be ten (10) square feet for e ach lane of the drive thru facility. Such signs shall not count aga i ns t max i mum sign area o r number. e . Hi gh -Ris e Buildi ng Identification Wall Signs. Fo r mu lti-s torie d build ings in excess of th e maximum height pe rm itted in t he B-1, B-2, I-1 or I-2 Zon Distri cts, a dd ition al wall s i gn area shall be per- mitted for building id ntification pu rposes in conformance with the sch dule s t forth below. Sign ar a shall be bas d upon a square foota e factor multiplied by horizontal lin ar foota of the building facad at th el vation of the facad wher th aign is plac d. 1. f or si&ns locat d rom sixty (60) t in h i ht, th factor shall be fiv t to on hundr d (100) (.5) squar f t. 2. Fo si n lo at d rom on hundr d on (101) t t t o on hundr d I • • • • • • -21- fifty (150) feet in height, the factor shall be six (6) square feet. 3. For signs located one hundred fifty-one (151) feet to two hundred (200) feet in height, the factor shall be seven (7) square feet. Multi-storied buildings may be permitted identification wall signs of the size provided by paragraphs 1 through 3 for each building facade visible from a public right-of-way. Wall sign areas permitted by this subsection for one facade may not be used for any facade other than the facade for which such allowance is granted and shall be exempt from §22.7~9 a 3 . Such signs shall not count against maximum sign area and number. f. Joint Identification Signs. Joint Identification Signs are permitted for two or mor P rmitted Uses on the sam lot as the sign. If two or more bu in ss s occupy th sam building, or a group of building ar ssociated by own rship, no ground sign r permitted except Joint Identification Signs. Each individual identification within th Joint fd ntification Sign h 11 be uniform in size, p nd atyl exc pt for th n m of th d v lopm nt. The following Joint Id nt1f1cat1 n Signs ar in addition to all other 1 1 n ln t rms of mald u• at n r and numb r. ront t o sign prov d , (1) r ch two (2) linear fa t of etr et , that n eingl eian ehall xc d on I • • - • • • • -22- hundred (100) square feet per face, and that the total area of the Joint Identification sign shall not exceed two hundred (200) square feet. 2. Permitted Maximum Number of Joint Identification Signs. One (1) sign for each street frontage. g. Secondary Signs. On the rear of the building, each business or use may have one (1) sign identifying the products sold, manufactured or services offered which shall not be counted toward the maximum sign area or numb er . Such Secondary Sign shall not exceed one-half (1 /2) square foot of sign area for each linear foot of the front lot line, or one (1) square foot of sign area for each linear foot of building front for a lot havi ng two (2) or more Permitted Uses. h. Short Term Advertising Si gn s . In addition to other signs allowed in a Permitted Use , ach busine s or d esignated use ma y be permitted short term dverti ing igns, provid d such signs are limited to window or wall signs . Window signs shall not cover more than 20 % of the window area bov that sp clfied in §22.7-8 c 6. Wall signs hall not b gr ater th n fifty (50) square feet in r a nd subject to th limit tions of §22.7-8 c 5. All such signs shall be limited to two (2) w k period ft r which a permit will b required. Such signs shall show th d t of inst 11 tion or di splay. 1. 1. For build!n s with buildin ront of fifty (50) f t or 1 as: Th p•rmitt •d r a of only ne y b incr a d • I • • • • • • • -23- at the rate of one third of one percent (.0033) for each additional foot of distance beyond the first one hundred (100) feet of building setback and based on the greater of eighty (80) square feet or as calculated in §22.7-8 b 1 (b), but in no case greater than one hundred (100) square feet. In no case may the increase be more than one hundred (100) percent of the maximum permitted sign face area and the additional sign area calculated herein shall not count against the maximum sign area and may exceed forty (40) percent of the signable area. The increase in sign face area will be granted for a sign face which shall be placed at the setback distance as used in the calculation herein. 2. For buildings with building frontage of fifty-one (51) feet or more: The permitted area of only one sign face may be in- creased at the rate of one third of one percent (.0033) for each foot of distance beyond the first one hundred (100) feet of building setback and based on the greater of eighty (80) square fetor as c alculated in 122.7-8 b 1 (b), but in no case greater than on hundred (100) square feet. In no on case may the in- cress b more than on hundr d (100) percent of the maximum per- mitt d ign face area nd the additional sign area calculat d h r in sh 11 not count against the maximum sign ar a. This !n- cr in sign face area hall be granted for a sign whi ch shall b pl c d at th s tb ck dist nc as used in the calculation h r in. j . P Hay be illuminat d, but all dir ct il- lumin tion s hall not xc d tw nty-Civ (25) watt s p r bulb • • I • • • • • • .. -24- §22.7-9 Sign Area Measurement. a. Area to be Measured. The area of a sign shall be measured in conformance with the regulations as herein set forth, provided that the structure or bracing of a sign shall be omitted from measurement, unless such structure or bracing is made part of the message or face of the sign. Where a sign has two or more display faces, the area of all faces shall be included in determining the area of the sign. 1. Sign With Backing. The area of signs enclosed by a box or outline shall be measured by determining the area of each rectangle which creates the smallest single continuous perimeter enclosing the extreme limits of the display surface or face of the sign; in- cluding all frames, backing, fac e plates, non-structural trim or other component parts not otherwise used for support. 2. Signs Withou t Backing. Th are a o f signs consisting of i ndividual letters of symbols s hall b measured by determining the s um o f th e are a o f the s mal les t s i ngle continuous rec tangle enc losing the extreme l i mits of a ch me ssage , including all frames , f a ce plat es, non-st r uct ural t rim o r othe r c ompon nt pa rts not oth rw ise us d for support . 3. Sign bl wall ar a is a con tinu ous portion of s buildin facad unbrok n by doors or wi nd ows or major archit ctur 1 f atur a . It is calculat d by s 1 ctin g a con tin uous surf c , th n dr win n i m ginary r tangl within ap cifi d h i ht limitati na nd computin r ct nal • Pera na diapl yln at th square foot ar a of this a attach d to a buildin may I • • • • • -25- determine the "signable area" to be used by choosing any such area on the building facade for the display of signs. Signs may not cover more than 40% of this area. If, because of the design of the building, a signable area cannot be identified, the Department and the applicant will determine a suitable area for signage. 4. Irregular Outline. In the case of an irregularly shaped sign or a sign with letters and/or symbols directly affixed to or painted on the wall of a building, the area of the sign shall be the entire area within a single-continuous rectilinear perimeter of not more than eight (8) straight lines enclosing the extreme limits of writing, representation, emblem or any figure of similar character. b. Number of Signs. Each continuously nclosed area of a sign face, either by outline or by an imaginary line, shall be considered one sign. Signs which have more than one sign structure attach d to a common support or wall may be counted as a single sign, or as several signs; however, if count d s one sign, the total surface area of such multiple unit signa shall includ vertical and horizontal spacing betw en signa. • I . - • • • • • -26- §22.7-10 Maintenance. Every sign, including those specifically exempt from this section in respect to permits and permit fees, shall be maintained in good con- dition at all times. All signs shall be kept neatly painted, including all metal parts and supports thereof that are not galvanized or of rust- resistant metals. The Director or his or her designee, shall inspect and shall have the authority to order the painting, repair, alteration, or re- moval of a sign which is not in conformance with this ordinance by reason of safety, health, or public welfare, or by reason of inadequate maintenance, dilapidation, or obsolescence. • I • -• • • -27- §22.7-11 Nonconforming Signs. Any sign which, on the effective date of this Ordinance, does not con- form to the limitations established by this Ordinance, or which does not con- form to the limitations established by any amendment hereto, except those signs as specified in 122.7-12, 122.7-13, and 122.7-14, shall be subject to the following conditions: a. Registration of Nonconforming Signs. All nonconforming signs shall be required to be registered with the Department. If a valid permit exists for the nonconforming sign, the Department will complete the registration and notify the owner or lessee of the sign or the owner of the property on which the sign is located requesting verifica- tion of the registration information. If no valid permit exists for the nonconforming sign or if insufficient information is available, the owner or lessee of the sign or the owner of the property on which the sign i s located will be notified and must register the nonconforming sign or provide the nec essary information within thirty (30) calendar days of receipt of the notification. b. T rmination of Nonconforming Signs. Any nonconforming sign sh 11 be brought into conformanc or shall terminate and cease to exi t within ten (10) y are from th date a p rmit was issued. If s v n (7) y ar or mor has pass d from th dat permit wa s issued to th ff c tiv d te of th Cod , th n th sign must be brought into conform nee or termin t and c a to xiat within three (3) y are from th ff ctiv dat o the Cod Any nonconforming aign without a valid p rmit must b brought into conformance or t rminat and c to xiat within thr a (3) y ra fr th ff ctive data of th c In dditi n, a nonconformin ai ba brought into con- of th followin I • • - • • • • • -28- conditions occur: 1. Wh en ver t he s i gn is damaged more than 50 % of its total replac ~nt value , or destroyed from any cause whatsoever, or b coaes obsolete or substandard under any applicable ordinance of the IDUnicipality, to the extent that the sign becomes a hazard or a danger. 2. Whenever the ownership of the property changes on which the nonconforming s ign is located. 3. Whenever there is a change in the lessee, ownership of the business or use to which the sign pertains. 4. Whenever there is a request made for a permit to change the sign. 5. Whenever there is a request for a permit to make improvements to the exterior of the principal building. c. Nonconformin g Sign s in Newly An n ex ed Ar eas . Any owner or operator of nonconforming sign in a n wly ann xed area shall terminate such nonconforming aign in accordance with th r quire- menta of this section, with th effectiv dat of th ann xation ordinan ce b ing th start of the tim limitation. d. Ap peals. Th own er or 1 aa of a ai gn, or th owner of the prop rty on which a sign is locat d who has ba n notified by th D partment th t auch sign ie nonconforain& as provid d !or in 122.7-11 a, • I • • • • • • • -29- may appeal that decision to the Director or his/her designee within twenty (20) days of the receipt of such notice. The appeal shall contain the appellant's name and address, the decision being appealed, and a brief explanation why the appellant should not be required to comply with the document appealed. The director or his/her designee may meet informally with the appellant to exchange necessary informa- tion and shall issue a decision in writing to the appellant at his/her address stated in the appeal. If the decision of the Director of his/her designee is not satisfactory to said owner or lessee, he/she may apply for a variance from the Board of Adjustment and Appeals as provided for in 122.2-6 of the Comprehensive Zoning Ordinance. I • • • • • • -30- §22.7-12 Prohibited Signs. a. Notification of Prohibited Signs. Notice shall be given by certified mail to the owner or lessee of any sign prohibited in all Zone Districts as described in 122.7-6, and to the owner of the prop- erty on which it is located. The notice shall state that such a pro- hibited sign, except for 122.7-6 e, shall be altered to conform with this Ordinance or be removed within one hundred eighty (180) days after the notice has been received. Signs prohibited in 122.7-6 e shall be removed within three (3) years from the date the notice is received. b. Appeals . The owner or lessee of a sign or the owner of the property on which a sign is located who has been notified by the Department that such sign is prohibited as provided for in 122 .7-12 a, may appeal that decision to the Director or his/her designee within twenty (20) days of the receipt of such notice. The appeal shall contain the appellant's name and address, the decision being appealed, and a brief explanation why the app llant should not be required to comply with the docum nt appealed. Th dir ctor or his/her designee may m t informally with the appellant to xchange n cessary informa- tion and shall issu a d cision in writing to the appellant at his/her ddresa tat d in the app al. IC th decision of th Dir ctor or his/h r design ia not satisfactory to said owner or 1 a , h /sh aay apply for a vari nee from th Board of Adjuat n and App ala •• provid d in 122.2-6 of th Zonin 0 dinanc • • I • • • • • • -31- c. Failure to Comply with Notices. If the owner or lessee of a prohibited sign or the owner of the property on which such sign is located fails to comply with notice given pursuant to this section within the time specified, the City Manager or his designee is authorized to cause the action required by ordinance to which such notice had reference. All costs incurred by the City plus an ad- ministrative cost of fifteen percent (15%) of the direct costs shall be charged against the real property and its owners. d. Notice of Costs. If the City incurs costs taking action required by this section, a statement shall be prepared for the entire cost plus fifteen percent (15%) administrative costs, and be mailed by certified mail, return receipt requested, to the owner of the prop- erty on which the sign is located with instructions that said state- ment will be paid in full plus costs within thirty (30) days of said mailing date. The notice shall also inform the property owner that the fa i lure to pay the statement for cos t s f o r s i gn re- moval within sixty (60) days shall result i n an as s ess ment bei ng mad e agains t the prope rty wh ich s ha l l c on s titute a l i e n purs uant to 122.7 of the Com prehensive Zoning Or d inance of the Ci t y of En g l ew oo d. e. Ass ssa nt . If the full aaount of the stat ent relating to sign r oval from r alty is not paid within sixty (60) days , t h e City Manag r shall dir ct th Dir ctor of Finance to assess th en- tir amount of the stat me n t plus an additional tw nty-five p rcent (25%) penalty against th ap cifi d realty. After ss asm nt by th Oir ctor of Finane , a copy sh 11 b a n t to each owner of r cord of th ass seed r alty. Th nt ahall contain a 1 al • I • • • • • • -32- description of the premises, the expenses and costs incurred, and the date of sign removal, and a notice that the City claims a lien for this amount. The Director of Finance shall certify such assess- ment to the County Treasurer who shall collect such assessment in the same manner as ad valorem taxes are collected. f. Assessments: A Lien. From the date of the assessing statement, all assessments shall constitute a perpetual lien against the specified realty and shall have priority over all liens excepting general tax liens and prior special assessments. No delays, mis- takes, errors or irregularities in any act or proceeding authorized herein shall prejudice or invalidate any final assessment; but the same may be remedied by the Director of Finance, as the case may require, upon application made by the property owner or other in- terested person. When so remedied, the same shall take effect as of the date of the original assessment by the Director of Finance. g. Other Remedies. Any unpaid charge plus all costs and penalties shall constitute a debt due the City. The City Attorney shall, at the direction of the City Manager, institute civil suit in the nam of the City to recov r such charg a, costa and penalti a. This r edy shall be c umulative with all oth r rem dies, including prosecu- tion in Muni c ipal Court for ach violation of this chapter pursuant t o th provisions and penalties atablished by Titl I, Ch pt r 2 , of the '69 E.H.C. I • • • • • -33- §22.7-13 Hazardous Signs. Signs, by reason of inadequate aaintenance, dilapidation, or obsolescence, shall be declared to be a nuisance or a hazard to health, safety, or public welfare by the Department. a. Notification of Hazardous Signs. Notice shall be given by certified mail within forty-eight (48) hours to the owner or lessee of the sign and the owner of the property on which the sign is lo- cated that such sign has been declared hazardous. The notice shall state that such hazardous sign shall be removed within thirty (30) days of receipt of such declaration. b. Appeals. The owner or lessee of a sign or the owner of the property on which a sign is located who has been notified by the Department that such sign is hazardous as provided for in 122.7-13 a, may appeal that decision to the Director or his/her designee within twenty (20) days of th rec ipt of such notice. Th e appeal shall c ontain the app llant's naae and address, the decision being ap- pealed, and a brief e xplanation why the app llant s hould not be requ i red t o c om ply wi th the document app aled. The dir ec tor o r his/her d sign aay • t informa lly with th e a pp 11 t to xchang n c 1 ary information and ahall ieeu a decision in writing to t he app llant at hia/h r addreaa tated in th appeal. e. to Comply with If t ha r or leeaee of a hazardoua 11 or t h r of th proper t y on which a eian ia lo- ca ed faila to c ly v i h n otice giv n pu r e u n t o t hia • ction ithin th tia ap 1 1 d , t City r o r hie d 11 • er I • -• • • -34- authorized to cause the action required by ordinance to which such notice had reference. All costs incurred by the City plus an administrative cost of fifteen percent (15%) of the direct costs shall be charged against the real property and its owners. d. Notice of Costs. If the City incurs costs taking action re- quired by this section, a statement shall be prepared for the en- tire cost plus fifteen percent (15%) administrative costs, and be mailed by certified mail, return receipt requested, to the owner of the property on which the sign is located with instructions that said statement will be paid in full plus costs within thirty (30) days of said mailing date. The notice shall also inform the prop- erty owner that the failure to pay the statement for costs for sign removal within sixty (60) days shall result in an assessment being made against the property which shall constitute a lien pursuant to 122.7 of th Comprehensive Zoning Ordinance of the City of Englewood. e. Assessment. If the full amount of the statement relating to ign removal from realty is not paid within sixty (60) day s , the City Manager shall direct the Director of Finan ce to assess the en- tire amount of the stat nt plus an additional tw nty-five p rc nt (25%) p nalty a ainst the specified realty. After aas sa m nt by th Director of Finane , a copy shall b a nt to each owner of r cord of th aaa as d r lty. Th ••• a ment shall contain a 1 gal d scription of th expens a nd coats incurred , and th dat of ai .n r_,val, d a notice that th City claiaa a lien for this amount. Th Dir tor ot Fin c shall car tty such a seas- nt to th County Tr ur r wh shall coll ct ueh 1 sa nt in th • aann r as d valor t&ll ar oll t d. I . - • • • • -35- f. Assessments: A Lien. From the date of the assessing statement, all assessments shall constitute a perpetual lien against the specified realty and shall have priority over all liens excepting general tax liens and prior special assessments. No delays, mis- takes, errors or irregularities in any act or proceeding authorized herein shall prejudice or invalidate any final assessment; but the same may be remedied by the Director of Finance, as the case may require, upon application aade by the property owner or other in- terested person. When so reaedied, the same shall take effect as of the date of the original assessment by the Director of Finance. g. Other Reaedies. Any unpaid charge plus all costs and penalties shall constitute a debt due the City. The City Attorney shall, at the direction of the City Manager, institute civil suit in the na.e of the City to recover such charges, costs and penalties. This re~dy shall be cumulative with all other re~dies, including prosecution in Municipal Court for each violation of this chapter pursuant to the provisions and penalties established by Title I, Chapter 2 of the '69 E.M.C. I . - • • • • -36- §22.7-14 Abandoned Signs. Signs abandoned for a period of thirty (30) days shall be declared a nuisance by the Department. a. ~otification of Abandoned Signs. Notice shall be given by certified mail within forty-eight (48) working hours to the owner or lessee of the sign and the owner of the property on which the sign is located that such sign has been declared abandoned. The notice shall state that such abandoned sign shall be removed within thirty (30) days of receipt of such declaration. b. Appeals. The owner or lessee of a sign or the owner of the property on which a sign is located who has been notified by the Department that such sign is abandoned as provided for in 122.7-14 a, may appeal that decision to the Director or his/her de signe within twenty (20) days of the receipt of such notice. The appeal shall contain the appellant's naae and address, the decision being ap- pealed, and a brief explanation why the appellant should not be re- quired to comply with the document appealed. The director or his/her d sign e ma y m et informally with the appellant to exchang neceasary information nd shall issue s d cision in writing to th appellant at his/h r ddre s stat d in th app 1. c. to C2!21~ With otices. If the owner or 1 as of an b ndon d sign 0 th own r of th prop rty on which such sign is lo t d fails to comply with notic giv n pursu nt to this s ction within the ti• sp cifi d, th City Kana er or hia deeign s are authorb d to c us th a tion r quir d by ordinanc to whi ch such • I • • ...... • • .. -37- notice had reference. All costs incurred by the City plus an ad - min i strative cost of fifteen percent (15%) of the direct costs shall be charged against the real property and its owners. d. Notic e of Costs. If the City incurs costs taking action required by this section, a statement shall be prepared for the entire cost plus fifteen percent (15%) administrative costs, and be mailed by certified mail, return receipt requested, to the owner of the prop- erty on which the sign is located with instructions that said s tat e - ment will be paid in full plus costs within thirty (30) days of sai d mailing date. The notice shall also i nform the property own e r that the failure to pay the statement for c osts f or sign removal withi n sixt y (60) days shall result in an assessment b e ing mad e against th e property wh ich shall constitute a lien pursuant to §22 .7 of the Com- pr e he n siv Zon i ng Ordinanc e of the Ci ty of Englewood . e . Assessment . If th e f ull amoun t of the s tatement r e lat i ng to sign removal from realty is no t pa i d wi th in sixty (60) days , the City Manager shall direct the Director of Finance to ass ss the en- tir amount of th statement plus an additional twenty-fiv percent (25%) penalty again t th sp cifi d r alty. Aft r asa sam nt by th Dir ctor of Finane , a copy shall b s nt to ach owner of r c- ord of th ass s d r lty. Th ass m nt shall contain a 1 gal d scription of th premia s, th xp na a and coats incurr d, and th d t of aign removal, and a notic that th City clai a 11 n for thia unt. Th Dir ctor of Finance ahall certify auch aea aa- m nt to th County Treasur r who ahall collect auch •• a • nt in th mann r d valor m tax a ar coll cted • • I • • • • .. -38- f. Assessments! A Lien. From the date of the assessing stat~ment, all assessments shall constitute a perpetual lien against the specified realty and shall have priority over all liens excepting general tax liens and prior special assessments. No delays, mis- takes, errors or irregularities in any act or proceeding authorized herein shall prejudice or invalidate any final assessment; but the same may be remedied by the Director of Finance, as the case may re- quire, upon application made by the property owner or other interested person. When so remedied, the same shall take effect as of the date of the original assessment by the Director of Finance. g. Other Remedies. Any unpaid charge plus all costs and penalties shall constitute a debt due the City. The City Attorney shall, at the direction of the City Manager, institure civil suit in the name of the City to recover such charges, costs and penalties. This remedy shall b cumulative with all other re.edies, including prosecution in Muni cipal Court for each violation of this chapter pursuant to the provisions and penalties established by Title I, Chapter 2, of the '69 E.K.C. • I • • - • • • • -39- §22.7-15 Permi ts. Except as provided in §22.7-4 and §22.7-5 of this Ordinance, it shall be unlawful to display, erect, construct, relocate or alter (ex- cept for copy changes), any sign without first filing with the Department an application in writing, and obtaining a sign permit. When a sign permit bas been issue d by the De partment, it shall be unlawful to change, modify, alter or otherwise deviate from the terms or conditions of said permit without prior approval of the Department. A written record of such approval shall be entered upon the original per- mit application and maintained in the files of the Department. a. Applic ation for Permit. Th application for a aign permit shall be mad e by the owner or tenanta of the property on wh ich the sign is to b located, his authoriz d a at, or a ai a con- tractor licensed by th City of En 1 be made in writing on foras furnish d b t u appl1cat1 fore a hall t t Division, and shall b sign d by th applicant. shall, within five (5) working daya of tb dat of t a pli c ation, either approve or deny th application or r f r th application back to th pplicant in any instance wh re inauffici nt information baa b n furnish d. b. If th 0 pare. nt finds that work under ny permit issu d ia not in accordanc with th information supplied in th p rmit application and/or il in violation of thia or any oth r pertin nt ordin c , or should it be found that th re baa b n ny miar pr 1 ntation in conn ction with th application for th p rmit, the ai n r or 1 as or ar ctor ehall b notified • I • • • • • • • Q -40- of such findings and that the violation must be corrected within five {5) working days of notice. If such correction is not made, the permit shall be revoked and written notice thereof shall be served upon the sign owner or erector. No person shall proceed with any part of such work after such notice is received. The own e r or lessee of the sign or the owner of the property on which th e sign is located shall have the right to appeal the deci sion of the Department in the manner provided for in §22.2-6b of this Ord i nan ce. 2. th 1. Revocation of Permits for Non-Use. {a) If actual work either on or off-site is not commenced under any sign permit issued within sixty (60) days from the date of such permit, the permit shall automatically be- come nu ll and void. (b) Delays whi c h are not a result of willful a c t s o r neglec t o f the c on tr ctor, own e r o r person obtaining t h perm it shall be excluded f rom the terms of paragraph {a) abov , and the Dir ctor may grant an extension of tim in which to start or r sum operations. All r qu sta for ex- t n ion and approval ther of shall b in writing. Forfeitur Wh n any p rmit has b en revoked under terms of 122 .7-15 b l(a) and 122.7-15 b l{b), p rm it f s shall not b r f und d . Th ap plication • I • • • • .. 0 -41 - for a sign permit shall be accompanied by the following plans and other information: 1. The nsme, address and telephone number of the owner or persons entitled to possession of the sign and of the sign contractor or erector. 2. The location by street address of the proposed sign structure. 3. Complete information as required on application forms pro- vided by the Department, including a site plan and elevation drawings of the proposed sign drawn to scale, caption of the proposed sign and such other data as is pertinent to the applica- tion . 4. Plans indicating th e scop and s t ru ctural detail of the work to b don , including d tails of all conn c t ions, guy lin s, supports and f ootings, and materials to be used . 5. Application for an 1 ctrical permit for all electric 1 s1 ns, and th r quir d information for such application. 6. A stat nt of v alue. d. Permit Fe s. A permit fe shall be paid to the City for each si n p rmit issued under this s ction. The perm i t fe s hall be in accordance with th t e sch duls establish d by t h City Council • • I • • • • • -42 - e, )4eotifitation ood Motkiog of Eletttita! Si..,, Ro t h eletttiool •iSn heteaftet etetted Ot teoodeled •batt beo, theteoo a tle•tly legible identification plate not exceeding fifteen (15) square inthe• io atea, •tattng the o.,e of the pet•on, fito ot t otpotation responsible for its construction and erection, with installa t ion date OOd pe""t owobet ood •hall be '"'ked witb inpnt aope,., at full load input. f. !Jcensing and Insurance Requireme~. 1. Any person, firm or corporation engaged in the busines s of inotallins, etettins, OOVins ot .. intaioios •isoe in the City of Englewood shall be duly licensed by the City. 2, Befote any Pe<oit i• i••ned fot • •iBn Wh ith i• lot ate d ovet public property or whi c h ma y require any work ove r Pu blic pro p- erty, the erector shall furn i sh to the City a c ert ificat o f in- suranc e from a firm wi t h corporat sur t y , nd autbo r iz d to do business i n t he State of Co lo r ado , for public liability and propert y damag e in amo unts of not le s than t h followina, and covering the liability of th a1gn erector with r ap ct to all work perform d by him or hia g nta or mploy ea: For de thor injury to any one p rson •.••.•••• $100,000. Total liability 1n any on accid nt •••.••••.•• $Joo,ooo. Property Dama •••••••••.••••••••••••••••••••• $ 50,ooo I • - • • • • -43- §22.4-16 Definitions. Animated ~· Any sign or part of a sign which changes position by movement or rotation or gives the illusion of such change of position. Awnings. A shelter supported entirely from the exterior wall of a building and of a type which can be retracted, folded or collapsed against the face of the supported building. Canopy. A roof-like structure which is attached to a wall or walls of a building and may be provided with ground supports. Usually of a lighter material than a marquee. Concealed Light Source. An artificial light intended to illuminate the face of a sign, which light is shielded from public view and from ad- joining properties. Departm nt. The Department of Community Development. Dir ctor. Dir ctor of the Depa rtm nt of Community Developm nt. Display Surf Th ar mad available by the sign tructur for th purpo of diaplaying a m ssag • Di Th dist nee from th xterior wall surf c of th building, or fro. th furth at point on a manaard roof, to th di pl y fa o a wall a1 n. =..:..:..:..:...=::..::....:.:=====;.:.;..-=S;.:i;a,;:.n• A 1 n whi h id ntifi a a driv thru ility and th b in a o which it b lon • I • -• • •' • -44 - Elect ion Si gn. A sign providing information regardi ng elec t i ons, c andidates , o r issues concerning such elections. Exteri o r Wall Surface. The most exterior part of a wall , s un screen, or any screening or material covering a building. Ground Sign. A sign supported by poles, uprights or braces extended from the ground or an object on the ground; but not attached to any part o f any building. Ideologic al Sign. A sign which expresses a religious, political, social o r o ther philosophical s tanc e. I lle gal Sign. Those s igns which do not have p e rmits. I lluminate d Sign. A s ign lighted by or exposed to artific ial l i ghting either by ligh ts on the s ign, within the sign, or d i r ected towards th ign. Individual L tt r Sign. Letters or figures individually fashioned from m tal or other mat riala and attach d to th wall of a buildin or oth r urf c ; but not including a aign paint d on a wall or oth r aurf ce. Joint Id ntification Sign. A sign which s rv a a c01111110n or coll ctiv id ntification for two or mor buaineaa or industrial ua a on th lot. Su h a1 n y contain a directory to said us a an int gral p rt th r o , or y a rv a g n ral id ntification only for -u h d v lop n a hopping c t ra, induatrial d th lilt • • • • - • • • • -45- Major Archi tectural Detail. Distinguishable design features of the fac ade of the building such as windows, doors, balconi es, c olumns , o r pat t erns or des i gn s f ormed at t he t ime of construction by the bu i lding mat erial. Mansard Roof. A steep roof structure which encloses usable space, is a portion of a roof structure, or is attached to the wall of a building. Hansard Roof Sign. A sign attached to the side of a Hansard Roof . Marquee. A rigid, roof-li ke structure, usually of glass, metal or wood construction, attached to a wall or walls of a building or struc t ure and suppo rted by the building or structure wh ich ma y or ma y no t have ground supports . Marquee Sign. A sign attac hed to, painted on, or e rected against the f a c e o f t he marquee. Nonconforming Sign. Any sign which, on the effectiv e date of this Ordinance, do s not conform to the liaitations establi hed by this Ordi- nance; or which do s not conform to th limitations establish d by any nd nt hereto. Parapet Wall. Th t part of any wall which ext nds ntirely above the roof line. Portable Si Any sign which is not p rman ntly affix d to a building, tructure, or th ground, exc pt eigne paint d on or magn tically att h d to ny lie n d v hicle. • • • • • • • -46- Projecting Sign. A sign other than a wall sign which projects from and is supported by a wall. Roof Line. The highest point on any building where an exterior wall encloses usable floor area including roof area provided for housing mechanical equipment . Roof Sign. Roof sign shall mean a sign erected upon or above the roof line or parapet of the building or structure, except that signs lo- c ated on a mansard roof shall be considered a wall sign. Short Term Advertising Signs. Signs which advertise the sale of products or services on a short term basis. ~· Any obj ct , device or part thereof, situated outdoors or indoors, which is used to advertise, identify, display , direct or attract the attention to an object, person, institution, organization, business, product , service, event or location, by any mean s including words, letters, figures, design, symbols, fixtures, colors, motion, illumination or pro- j cted images. If, for any reason, it cannot be readily deter.ined wh th r or not an obj ct is a sign, the Departm nt shall make such determination. Any sign that is display d upon, a ainat, or through ny mat rial or colo r surface or backing that foras n int gral p rt of such diaplay and differentiat a the total display fro. the back- ground ainat which it is plac d • • • • - •· • • • -47- Sign Without Backing. Any word, letter, emblem, insignia, figure of similar character or group thereof, that is neither backed by, incor- porated in or otherwise made part of any longer display. Signable Area. The signable area shall mean that area of a building facade up to the roof line which is free of windows and doors or major architectural detail and may be enclosed by an imaginary rectangle. If, because of the design of the building, a signable area cannot be identified, the Department and the applicant will determine a suitable area for signage. Special Event Sign. A sign which announces an event sponsored by a public, civic or charitable group. Suspended Sign . A sign suspended from the ceiling of an arcade or marquee. Third-Party Sign. A sign relating to products or services not on the s am e lot. Wall Si n. A sign attach d to, paint d on, or rected against a wall of a buildin , th display surface of which ia parallel to the fac of th building to which th sign is attach d. A aansard roof aay b con ider d a w 11 if th top dge of a sign attach d to it xt nda no re th t nty-four (24) inch a from th mana rd roof surfac ~~~~~n. Any sign s t in motion by wind or br az , such as b n r , fl s, p nn t or oth r obj ctl or aaterial. Fl of nations, or aunici p lit1 sh 11 not b classifi d s Wind Si ns • • • • • • • -48 - Window Area. The area of all windows on the first floor of a building which face or are visible from one public right-of-way. Window Sign. A sign which is applied or attached to, or located within twelve (12) inches of the interior surface of a window; which sign can be seen through the window from the exterior of the structure. • • - • • • • H!HORAHDUM TO THE F.NGLE"I«>>D CITY COUNCIL REGARDING ACTION OR RECOHHENDATIO N OF THE CITY PLANNING AND ZONING COMMISSION. DATE: February 2, 1982 SUBJECT: ACTION: Carson 110ved: Becker seconded : AYES: Pierson, NAYS: None ABSTAIN: Stoel ABSENT: Allen Findings of Fact -Proposed Sign Code The Findings of Fact on Case #3-82 be approved as written. Senti, Tanguaa, Barbre, Becker, Carson, McBrayer The 1110tion carried. By Order of the City Planning and Zoning C~ssion. • • • • • - DEPARTMENT OF COMMUNITY DEVELOPMENT ENGLEWOOD, COLORADO FINDINGS, CONCLUSIONS, ~~ RECOMMENDATION IN THE MATTER OF CASE NO. 3-82, ) FINDINGS OF FACT, CONCLUSIONS ) AND RECOHH!NDATION RELATING TO ) THE REP!AL OF SECTION 22. 7 OF ) THE COHPREH!liSIVE ZONING ORO!-) NANCE, THE SIGN CODE, WHICH WAS ) ADOPTID BY ORDINANCE NO. 18, ) SERIES OF 1974, AND THE ADOPTION ) OF A NEW SECTION 22. 7 OF THE ) COHP!lEH!MSIVE ZONING ORDINANCE, ) COMPRISING THE ENGLEWOOD SIGN ) CODE. } The Planning Comaission, after a review of evidence taken during a Public Hearing and during public and special meetings, together with a aurvey of other aetro area sign codes, a comparison to sign code standards, .ode! sign ordinances and general and technical sign reference works, aakes the following findings of fact: FINDINGS OF FACT 1. That upon the reco .. endation of the City Planning and Zoning Commission, the City Council adopted a Comprehensive Plan for the City of Englewood by Resolution No. 49, Series of 1979, on December 3, 1979, and that 113 Enslewood citizens actively participated in the development of that Plan. 2. That in approving the Coaprehensive Plan, the City Council adopted certain goals for the City, which goals affira the desire of the citizena of Englewood, inter alia: To ncourage and support the vitality and the xiating variety of stablished business a; To provide th cliaate for attracting new buain ases, thus increaaing our tax baae; and To upgrade aarainal ua a and to replace or rehabilitate d t riorating atructurea. To improv the viaual asp eta of busin a a along th a co rcial atripa. To thia end, attention ~at b given to aign control, landacaping of parking lota and public areaa, and other amenitiea. To iaprov th viaual quality of th City • • • • • - -2- 3. That a stated project goal of the Englewood Dow ntown Develop-ment Authority is t o: Create an attractive downtown as a focus for c ommunity ac tivity and pride . 4. That the Planning Commission finds the Sign Code to be an integral part of the Zoning Ordinance and that its enactment will promote the purposes of zoning in that the Sign Code r e presents values which are spiritual as well as physical, aesthetic as well as monetary. The Sign Code will promote community purposes of being beautiful, healthy, spacious, clean, well-balanced, and safe. 5. That the Planning Commission further finds and determines that the enactment is within the zoning power of the City, which is con- stitutional; that it furthers substantial governmental interests in aesthetics , safety, traffic, health, the economic well being of the City; that the govern- mental interests furthered are unrelated to the suppression of free speech and that such incidental impact, if any, upon the exercise of free speech is not greater than necessary to further the City's governmental interest and accomplishes furthering of that interest in a rational, effective fashion. 6. That a letter received from the Downtown Business Association, dated Mar ch 19 , 1981, expressed c oncern about abandoned signs and their effect on the perception of the downtown business area. 7. That the present Sign Code was adopted by Ordinance No. 18, Series of 1974, and has remained unchanged since its adoption while con- ditions in Enslewood have changed with substantial new development and re-development. 8. That the City of Englewood is one of the major coomercial activity centers s~rving the metropolitan area; properly regulated signage is vital for the maintenance of this commercial function upon wh ich ci ty revenues depend. 9. That evidence demonstrates that signage in Englewood has not been developed and maintained so as to meet the goals of the Coapre- hensive Plan and revisions to the Sign Code are necessary to expedit th attainment of the stated goals. 10. That it is appropriat to subject id ological at n to 1 as r strictiv r gul tion than that to which coaa rcial lignage 1a aubj ct b cause ideoloaical p ch promot a a far broad r array of societal in- t r sts. 'reedom of ideological expression is in xtricably ntwin d with our most deeply h ld individual v lues, it is th corn raton of our con- stitutional de.ocracy. Thus, the Planning Commission finds that the leas p rvaaive restrictions to ideological signa set out in th cod are ap- propriate wh ile still r gulatina th size, type, h i&ht, and nuabar of id ological li&na, those aisns b ing: Bull tin Board , El ction Signa, of Nation , Or ani&ation of Nationa, Stat 1 or Citi , Holiday Decorationa, Id ntification Sian , Id loaical 51 na, Illuain t d luildin .arial Sian , On·eite Infor.a- • • • • • 3- tion Signs, Private Parking or Traffic Direction Signs, Professional Signs, Public Signs, Special Event Signs, Street Banners, Symbols, Crests of National, State, Religious, Fraternal, Professional and Civic Organizations, Vehicle Consumer Information Signs, and Works of Art. 11. That certain signs should be prohibited in all Zone Districts, those being: Animated Signs, Banners, Pennants, Valances, Wind- Powered Devices, Billboards and Flashing or Blinking Signs, which signs tend to distract the driver's at- tention from the roadway to the sign, and which cause an especially hazardous situation in the business dis- trict with traffic signals, cross traffic, turning vehicles, vehicles pulling into and out of parking spaces, and especially with the pedestrian 80veaent at intersections and mid-block. In addition, these signs are not aesthetically pleasing. -Portable Signs and Wheeled Advertising Devices, which are not at a fixed location and often becoae placed so as to be an obstruction to 80torists or pedestrians; additional problema occur when Portable Signs are in- advertently knocked over by the wind or a group of pedestrians. Outdoor Display of Merchandise on Public Right-of-Way which could block or detract from traffic signs and interfere with pedestrian 80Ve.ent. Roof Signs which can pose signifi cant proble.s to fire- fighting operations if a fire has aade significant head- way inside a building or if tactical roof operations are required. Additionally, these signs can obstruct water applic ation, interfere with efforts to ventilate a80ke and toxic gases, increase the danaer of roof collapse nd prese nt pos s ible electrical hazards. Because of height, motor ist s looking at such s igns aay lose proxim- ity pers pective with traffic. Flashin or Blinking Sign s and S arch Lights wh ich c a n b mistak n for an m r g ncy sign al or a t raffic c ont rol d viet'. Strings of Li ht Bu lbs us d for c rcial purposes which can caus glar and t a po r ary blindn ess to t h t o r ist. whict. hav to r d tatra tin • • • • - -4- 12. That the Planning Commission finds that Billboards, especially, and excess signage, substantially contribute to the problem of traffic safety by drawing .atorists' attention. Excess signage and billboards significantly detract fro. the City's ca.preheosive commitment to making its physical en- vironment in ca.mercial and industrial areas more attractive as evidenced by City revitalization efforts occurring through E.D.D.A., U.R.A., Downtown redevelop~nt, and preserving our industrial and commercial area appropriate to the faaily-oriented comaunity, which Englewood is. Excess signage and billboards also detract from the ab i lity of commercial enterprises to present a pleasing, balanced, well-proportioned commercial message to consumers and may confuse and misdirect consUIIers in their efforts to find suitable goods and services. The Commission finds and determines that the City 's interests in aesthetics, traffic safety, remaining a commercial center, revitalization and appropriately informing consumers are furthered by the Code's restriction on excess sianage, control of sigoage and prohibition of billboards, and that other •easures would pro.ate less well the achievement of the City's goals in these areas. 13. That certain signs should be subject to annual registration, those being: Contractor Signs and Real Estate Signs. 14. That signs pe~itted in residential zone districts for residential uses should be liaited in number, size, height, and type so as to aaintain and protect the character and quality of neighborhoods in Englewood. 15. That signs pe~tted in residential zone districts for non- residential uses should be liaited in nUIIber, size, height and type so that the appropriate and necessary information is transmitted in a way co•patible with the residential nature of the area in which such uses are located. 16. That signs pe~tted in c~ercial and industrial zone dis- tricts should be liaited in nuaber, size, height and type so as to afford all co ... rcial and industrial interests an equitable opportunity to ad- vertise and aeet the goals set out in the Comprehensive Plan. 17. That th nUIIb r of signs permitted in commercial and industrial zone districts should be bas d on a systea that relates the number of signs permitted to th frontage of the lot on which such uses are located. 18. That li&XiliUII sign ar should be reduc d to 1 asen the visual clutter , illprov dvertising opportunity nd h lp aeet th goals of th Coap rehena1ve Plan. 19. That p ~tted sign typ a should b regulated as to location so as to iocreas visibility of th sians and elillinate potential hazards to the public health, safety and welfare. 20. That c rtsin typ of signs, b caus of the uniqu circUIIStanc a und r which th y are utiliz d, should not count aaainst ll&~iliUII sian ar a or aaxtaua sign n r, thos sims b ina: Driv Thru Id ntification Siena which are n ce sary to conv y cooaua r d tra(f c a ( t info ··tion • • • • • • • • -5- High-Rise Building Identification Signs which are for buildings in the commercial, industrial and R-3 Zone Districts, should be permitted for identification at a sc ale consistent with the height of the building. Joint Identification Signs which are necessary to pro- vide equal access to advertising while controlling signage to meet the goals of the Comprehensive Plan. Short Term Advertising Signs which are necessary to provide consumer information. Secondary Signs which provide identification information. Signs Set Back from Public Right-of-Way which provide compensation for businesses located at a substantial dis- tance from the public right-of-way. 21. That signs which are not in conformance with the requirements of the Code are inconsistent with the Code and are not intended to be perpetual. Such exceptions ought to end at a certain future time. Signs must, therefore, be r-oved or brought into confor.J.ty with the Code . This is "amortization" of those sians, and this concept contains no connotation of compensation or any require•ent for it. The Ca.aission has balanced the burden or loss to be placed on the individual by the Code with the public good sought to be achieved by the Code. The eo..ission has made what it deems to be a reason- able acco.-odation of these interests. The Commission has considered certain factors, including, but not limited to: the nature of the nonconforming sign, the character of the structure, the location, what part of the individuals's total business is concerned, the time periods, salvage, depreciation for in- come tax purposes, depreciation for other purposes, and the advantage, if any, resulting fro• the fact that similar new signs are prohibited. 22. That to improve and enhance the aesthetic character of the City, ~et the goals of the Co~rehensive Plan, and protect the residential, commercial, and industrial areas in the City, it is necessary to seek the removal of signa wh ich detract from the aesthetic standards of the co.-unity or which pose a threat to the public health, safety and welfare , in the most expeditious manner possible, those sign s being: Nonconforming Signs which currently exist in the City of Englewood; the removal of which signs r quires the d v lopment of a process wh ich will allow for an equitable return on the inv stm nt in such signs while providing for their removal in a reasonabl period of time. Prohibit d Signs currently existing in th City of Engl ood; wh ich , in order to meet the goals of th Comprehensive Plan and to provide a ~re attractive and safe co .. erc1al, indus trial and residential en- viron. nt, should b r moved in a r aaonabl period of tim • Abandoned Siana whi ch curr ntly iat in the City of Engl ood and tho which will be abandon d in the futur ; whi ch sign are mialeadina to the public, un- • • • • • • - -6- att r active and pose a potent i al hazard and should there- fo r e be reiiiOVed in a reasonable period of t ime. Hazardous Signs which currently exist in the City of Englewood, which signs pose a threat to the public health, safety and welfare and therefore must be re- moved in the shortest time possible. CONCLUSION Therefore, it is the conclusion of the City Planning and Zoning Com.iasion that the proposed Sign Code should be approved as written and referred to the City Council for their consideration and approval. The above legislative Findings of Fact are made based on evidence which baa ca.e before the Planning and Zoning Co-.issioo in the hearings held upon the proposed Sign Code. These Findings and the Sign Code, as written, are approved and forwarded to City Council with the reco .. endat i on of the Plannin& and Zoning Ca.aission that they be adopted. BY ORDER OF THE CITY PLANNING AND ZONING COMMISSION. • • COMMENT: RESPCfiSE: CX>f!MENT: RESPCfiSE: NT: RESPCfiSE: T: RESPCfiSE: IU!:SP Sl!:: • • • • CITY OF ENGLEWOOD ISSUES AND ANSWERS COMMENTS AND RESPONSES ON PROPOSED SIGN CODE February 2, 1982 How would advertising on individual vehicles at automobile sales lots be handled? This type of advertising will be dealt with in one of two wa ys; either as signs not subject to permit (22.7-4), or as an exclusion to a particular definition such as portable signs (22.7-14). Should the requir~ts for aaxia~.a sign area in c~rcial and inc!ustrial zones be JaOdifi ed to allow for a lliniaUIII sign area regarc!less of lot frontage ? After review of this anc! siailar ~nts on sign area, it has been deterainec! that Sections 22.7-7 Cl and 2 unfairly penalize owners of aaall frontage lots. For this reason, the guaranteed llinia~a sign area of eighty square feet has been reinstated into the code. How can the teraination date of a business or industry be deter- llinec! for purposes of the 30-day sign abandonment period? Se¥eral sources are available from whi ch this infonaation can be obtained, such u applications for building peraits, teraination notices froa utilities (gas, electricity, telephone, sewer and water) and the teraination of sales tax licenses. All of the sources will be used. Should the twenty foot height lillitation on ground signs be revised \4'Ward? After studying sign codes fro. throughout th area, reviewing the 90a18 of the COIIprehensive plan and considering s1J99est1ona •~tted t o the Planning eo..ission, it ppeara that the twenty foot height lillitation is co~rable to that in adjacent cities and reflec t s the desires of th ca..unity. Should there be a tiae lillitation plac d on garag sale signa? Garage sale signs will be requlatec! unc!er the City 'a propoaad w"d and litter ordinance, and are therefore not .&~reaM4 by the sign code . Garaq sale iteM will be excluded froa regu- l a tion un r outdoor display of rchandiae (22.4-l O(c)(2)) • • • • - COMMENT: RESPONSE: CO*!:NT: RESPONSE: CCMIENT: RESPONSE: C'OMMENT: RESPONSE: RESPONSE: • • • -2- Do signs s u ch as "Helping Hand" signs or religious signs in residential areas count towards the maximum sign area? These types of signs will not be counted toward maximum sign area and will be treated as a sign not subject to a permit (22. 7-4). Under the regulations for peraitted illumination in resi- dential zones (22.7-6e), will the permitted uses that operate 24 hours a day be required to turn off their signs between 11 P.M. and 7 A.M.? This section will be revised to permit medical facilities and public facilities such as Police and Fire Stations that are located in residential zone districts, to aaintain continuous sign illuaination for the convenience of the public . To inaure that signa are not abandoned by their owners in the future, could the perait fee be set to cover the City's cost of rea:>val of such signs? This suggestion would appear to offer at least a partial so- lution to the problea of removing abandoned signs, and will be discussed with the Finance Director and City Attorney rela- tive to its feasibility. This procedure would, of course, be a policy decision -de by the City Council. Can the power of the Board of Adjustment and Appeals be limited relative to granting variances for time limit extension on hazardous signs? llo; an avenue of appeal aust be provided so that the right of due process of law is not denied. Is one year too long to have a teaporary sign up? After study of this requirement, it has been deterained that a six aonth ti• period woul d be acre appropriate f or tuiporary signa. NT : Is the thirty foot triangle regu!at on (22. 7-Sb) reasonable for traffic safety'/' RES E: ~n reviewing this section it has been altered to allow for ground s i9ns that have a clear span of seven feat fro. grade to the bottoa of the sign, or aa approved by the City Traffic Engin-r. • I • • COMMENT: RESPONSE: CXlMM~T: RESPONSE: C OHH~T: R!SPONSE: C~ENT: RESPONSE : RESPONSE : COHHF.NT: !SP SE: • • • • -3 - Will the Lakewood sign code case have an effect on the defini tion of poli t i c a l signs? Yes; political signs have been redefined as election signs and ideological signs. Election signs carry the same definition se t forth for political signs and ideological signs are defined a s any sign expressing a religious, political, social or other philosophical stance. What provisions are made if no "signable area" can be i dent ified ? A provision haa been added to f22.7-9a 3 "Si&nable Area", which peraits the Departaent to allow for signage in another suitable area if no "sisnable area" exists. Is the thi rty day period f or abandoned signs too short ? Under the provisions of f22.7-14a, a s i an/structure will be considered a nuisance if it is found to be abandoned for a period of thirty days. After this thirty day period, the owner or lessee of the sisn and the owner of the property will b e notified within 48 working hours after t he sign/structure has been declared a nuisance. The y then have thirty days f rom the tiae they receive the declaration to reaove the sign/structure. In effec t, then, sixty days are provided f or the removal o f abandoned sisns/structures. Have other aaorti&ation schedules been considered and how d oes the IRS view depreciation of signs ? Yea; several s c hedules have been ex-i ned by the Pla nn i n g Co-ission. Prior t o 1981, the IRS provided two a e thod s for deprec iat i on ; t he first is baaed on a judic ial d ecis i on i n wh ich the Court wo uld specify a depreciat i on p r iod. Th e s c on d aethod a llowed th tax paye r to choose a class life o f eigh t , t e n, o r tw e lve y ears. ln 1 98 1 , an accelerated cost r cov ery syst m was i n s t itu ted wh ich prov i des for a three or five-year depreciation p eriod . Kow will outdoor display of aerchandise b resulated? The prohibition of outdoor display of merchandise is int nded to prevent the use of or encroachaent into the public risht-of- vay. Thu , displa y of a erchandise on private property for coa- aercial purposes is not resulat d. Are the n u.b r, siz e, and heiaht of sian• too reatrictiv in t b proposed Code? The s t a ff baa studi e d sian codes fro. other aetro ca..uniti a, and based on c oaparisona with these oth r codes, fe l that t h e proposed Code is consist nt in teras of heiaht, size, and n u.ber with aoat of th nei&hborina c o.aunitiea. Th int nt is to d velop an effective Sian Cod that is fair and quitabl d v oru for nal od. • • - • COMMENT: RESPONSE: COMMENT: RESPONSE: C01'9fENT: RESPONSE: • • • -4- Is the permitted size of parking and traffic direction signs too small ? The area for this type of sign has been increased from two square feet per face in the first draft of the Sign Code to the present six square feet per face. The number of such signs, two per curb cut, has re.ained the same. Ia the 60 days for the removal of a prohibited sign too s hort a tiae period ? After reviewin& the teraination period for prohibited s i gn s , the staff has revised the time period upward to 180 days, since pro- hibited aisna pose a lesser threat to health, safety, or public welfare than do hazardous aisns, for example. What a.ortization schedules have been studied? Several schedules have been examined. They are as follows: 1. Develop two a.ortization schedules: A five-year peri od f or aisna which confor. to the existing Code, but would become nonconfor.in& under the proposed Code; a three-year period for signa that were grandfathered in under the present Code. 2. An a.ortization schedule which grants five years to !!! signa. 3 . An a.ortization schedule which grants three years or a period equal to the length of the sign lease as of Novemb e r 1, 1981. 4 . Ao a.ort i zation schedule which grants a five-year period froa da t e of installa tion . 5. An aaort i zat i on schedule wh ich grants a thre e-year if sian waa erec ted /insta lled prio r t o 1975; after aaortization schedu le would g r ant 10 years f roa th e r e ction/ins tallat ion. 6. Grandfa ther all a ians in. period 1975 , date of The staff recoa.enda that No. S be adopt d as providinK the aost equitable re- turn on siana an d aeetin& the Goals of th Coaprehenaive Plan. • • • • • • CENTENNIAL OIAMBEP. OF COMMERCE E:ngl.wood . Colorodo 60110 (JOO) 761 ·7~ f·C u 1 iJ 198 2 CITY f,i iltl.\i:itii ':i Off/Ct [N GLE WO OO January 19, 1982 Eqlewood City Council 3400 South Elati Street En1lewood, CO 80110 The Centennial Chamber of Commerce is vitally interested in all aspects of the business environment in the area which i s its prime area of responsibility. This newly formed Chamber is and will continue to be concerned with many issues impacting that total environment. One such i ssue i s the one before you at this time, that of a universal si1n code. The Chamber has rev i ewed the proposed code, compared it with other existing codes a.nd discussed it with indivi- duals involved in its preparation. The Chamber recogn i zes the myriad of pro blem s associated w ith attempts to establish a univer- sal c ode, but also r ecognizes the nece s sity of overcoming these d i fficulties and adoptin such a co de. T h e proposed code, i n its pres e nt form, is th e r es ult o f unto l d hour s o f work and much c ompromise. The Cent nnlal Chamber of Commerce co ngratula t u all thoae involv ed in the p reparation of the p ro po sed univ e r eal eign code a nd ur1e1 ih a do p tion ae a positive contrlbutlon t o the bu elneu env i r on- ment w hich is of concern to us all. • • • - • • • • • (' -.0 ,, M E M 0 R A N D U M ---------- TO: Englewood City Council FROM: EaclewOOd Park8 • Recreation Commission DATE: February 12 , 1982 SUB~~: Site for Ca..uaity Center ~e ... lewOOd Parka • Recreation Co.aisaioa failed to acr .. oa a Bite for tbe Co..uaity Center at tbeir last meeting of February 11, 1•a2 . After coaaiderable discussion, they acree• to aB• City Couacil to r .. earcb ODe .ore site. There iB BO.. iadieatioa tbat tbe St. LouiB School which is located juBt DOrtb of Malley Recreation Center is having some financial probl ... aad .. Y be receptiYe to a Bale of their land and build- iDea. Tbe Ca.aiBBioa would li•e to bave this poesibility in- v .. ti•ate• aa• thea baYe aa opportunity to try and coae up with a reca..eadatioa to City Council. Tbe Ca.aiBBioa alao feela tbat a bond election during the aezt few ~•tba would be ill-adYiBed aad the Ca.aissioa would li•e to B .. t~e eleetioa beld later iD the year. Tbere is a ~·i~ility t~t fuada for tbe ceater .. Y becoae available froa tbe ltate Lottery Bill witbia tbe aezt few aoatba . Tbia would belp ia tbe PIBBiDC of a aucc .. Bful bond election. A recoa.eadlttoa &B t o a Bite for the Coaaunity Center by tbe EaclewOOd Coa.uai t y Cen t er Coaaittee chaired by Bob Brundage ia attached . • • • - • • • .. • Peuruary 1, lVtl~ ~~~:IIIIH•J':-i uf l.hi:-1 CUIIIIIIi l.tt •t • mc•t. wi l.h aufl at I.IJt • IIIVII.,I I.IUII of your Gottwtl;;::;ion ou 'i 'ltur:stlay cveuJ.ug, DccetuiJer 10, lVI:ll, fot· Lite pnrpu :c t• uf :ituel yi u ,". a Jllllllht!l ' ur pu :-l:Jihlt~ !'itl.c-:-t rua· tile· J·:aq•,lt•woud Community Center. lt. i:1 Ullt' uucl•·r·:•tautltu :•. th.tL the· IJ :t l. uf H ate ::& W,t H tlevelope<.l by the Collllllunity DeveloptUeut JJepartntent, the t:uginecrlng UcparLtuent, Architect Urool<!o! Wal<.ltuan an<.l mcmuers of the l'arl.,> .Lull llecreation Department. sLuff , an<.l wa::; prepared a::1 a result of ,\ l•'ua·L Ju•t'iUUI 't •, I l r1as our unllerstandinr~ Lhat at t.he tneeting of Dccemucr lOt.h al't.er bCCC w.\,. thaL there at·e really ouly three via.IJLe site::; 1n i•;nt~lcwood Lll .tL \1 uuJtl uu.:ct. IIIU:il ul t.hc HJ.t.c r~tJU.&.rcuacut..~. '!'hc::~.c were Nu. 'I ..1t. l cuyon and (ialapat:o, , o. 10 at ~Liller l•'ielu, twtl No . 15, l.hc tlau·y :a 1.<:. u ... :.···.d.IUII GHIIIIUI H:•Iuu, t,t,· •• Jim IIIJ'.•'·•Y \Vnuld JHU'H UC LIH! JH•M :-tthtl at.y uf ,, J auu t.louaLJ.OII loL" a CotUIUlUil t.y l,;cut.<.:l" >.J Lc. Our co111mittoe IYJ. hcs to expreia it11 appreciation to tho (;QuiJUJ >UI!OII for JIOruu tt.~n~ Ull l.o be UIVOlVOU lD your flol~bur.~l.loUIII '"otocc••·•""l~ t.ltc (;oUIIIIlllll t.y Ceut.cr '"I.e , , l>to we Hh oul<.l lilcc t.u uocut.tou aL Lhl. I.J.utc l.hat. IUCUIUCt'lll oJ: Cll.y lll.af!' ha.VO ilu<:D V<:ry kJ.IIU l.ll JIIVli.Ju" t.lac cllllir111un uf t.hiH ccuowut.t.vo t.o Jl• rl.&c I' Lc in cit. U llll l.Ollll IVJ l.h Vllrl.Oil • • • . ' • • • • -4;!- Lllc purpo,;c of l<ecpin~ our commi ttcc up to tlatc on tlcvclop111c11 Lo; eu uc er ui.n t: thiH px·oject.. Fo r· yuur iufo.nuaLi ou, our· sLccr·iug, couunit,t.cc met. uu W t •tlllt-~l d :a y , ,Jauu.t t·y :!.'/, I !H3::!. C!Jairwau, Jiw 'l 'aylor, Myrtle Joues, Maurice J.lc rliu aud Uou 1"11 I I I' I " tun . l. J.liller l•'ield is the most vr.;:ctical autl desirable location for the propoMcd Community Center; a coucerLcd effort be wade by tbc CLLy Lo locaLe property for two baseball fields that would be •lisplnccrl by pntting the CoawuuuiLy Center on Mi J l c•· J•'•c J •l, 3. they are unalterably opposed to the location of the Couwn.lni ty Center iu the pluuuetl Downtown En~lcwood Developwent area for several reasons including but not limited to tile safety of the childrcu attcuding the center. 11. ha :-: Juu1~ Miru:c aC(~OtUJ11t!illc~tl tl.M ori:!;iua.J IUl::t:iiOU of cJcLt:t'UitUlll:~ Lllc ucctl aut! tlc:~u·alalJ.Ly of u Co••wuuiLy CcuLcl' for Eu~o:lcwuutl, au<l uncc u HiLe localJ.un hao; hccu ><clcclcd 111111 sLcps have bccu l.:d<<!ll IJy C • Ly Couuctl Lo call ftH' a ~cnct·al olilt~;aLion buutl clcclion, our me~nbers sLand ready to tal<c auy honoraule act iuu llccc :~:;at·y Lo cffc~;L ,, J'avo,·aiJJc vu~c. J u u 'J.'ay 1 or uuu Y~rJ. J.cr t.ou 1lyrt.lu Jouc" • • • -• • • ~------------------- • 'l'llc ful Jo\'/Lu:~ mcmUcr~ of t..IJc J~ug,lt~wc•ud l.tuus t.;u1u nuuat l.y llleeting but do concur with the foregoing report; 't'hc follo\'l!u:_: liiCDlucr~ o!' l.hc l!:u~tcwouu LJ.OLl~ <.:owwuuJ. Ly Ct·u,,(!t· Sl.ec-ri u :~ Ccuumttt.cc we re uut. present. al t.hc January :.!7tla • • • • • • c February 12, 1982 TO: Andy McCown, City Manager FROM: Gary R. Di e de, Director of Engineering Services SUBJECT: PROPOSED CCitMUNITY CENTER -PLANNING PHASE REPORT Attached is a draft su.mary report prepared by BNA Architects, who were hired by the City to analyze various sites throughout Englewood for a proposed co..unity center. The Parks and Recreation Co..Ussion and the Enc;rlewood ec-unity Center C~ttee have reviewed these sites and will be s~ttinc;r a re~d&tion to the City Council very soon. We would aaJt that the Council review this inforaation, and that after the Architect bas aade a presentation to thea explaining the report, the Council would deter.Lne on which site or sites they would like more detailed inforaation. A final report will then be subaitted answering their concerns. Please let .. know at which study session you would like a presentation -de. ~~4.c Director of Engineering Services GltD/ldo Attach. • • • • • • AJ.> · architects February II, 1982 ----- To: Members of Englewood City Council From: B rooks Waldman, President B WA Architects Subject: Analysis of Sites for Proposed Community Center Counci I Members: Adams 51 n... r C.O.o do &:., J033~ Attached is summary information from our "draft" report on analysis of sites for a proposed Community Center. As you may reca II we presented to you a progress review of our work last fall. It was your opinion at that time that additional sites should be considered throughout the City as well as those four sites which were originally proposed. We have now completed an inventory of fifteen (IS) sites wh ich meet the minimum land size requirements and other basic criter·ia. The attached documentation summarizes our findings in a "site evalua- tion matrix" form. You will note that this matrix lists the "sites", by number and location, in a vertical column at the right of the sheet; and lists the "site features" considered along the top of the page. A number has been assigned to each "site feature" ranking it from 1 (very poor) to 4 (good). Total points for each site are shown in the right hand column. As you will note not all features could be ranked for all sites. Also some features such as "central location" might be weighted heavier than, for example, "existance of vegetation on the site (shade trees, etc.)". Although this ranking system is somewhat subjective, it none- theless helps to summarize our analysis and indicates that the sites we consider to be the top three contenders (Group I sites) are among the si tes with the highest overall ranking. Also included w ith th i s packet of information is a map indicat- ing the overall distribution of sites throughout the City and individ- ual maps for each ite conside red . We look forward to the opportunity of meeting w i th you again In the very near future i n order to make a more comple te presentat i on of our findings and to answer any questions you may have. Respectfully submitted, s Waldma n A ssocia t es, P.C. • • • • • ENGLEWOOD COMMUNITY CENTER Site Evaluation Groups October 21, 1981 Revised: December 7, 1981 GROUP l -FIRST CHOICE A. *Site 10 -Miller Field B. Site 7 -Kenyon/Galapago C. Site 15 -Dairy Site *Site 16 (Relocation of 2 baseball fields at school site) GROUP 2 -SECOND CHOICE A. B. c. D. E. Site 14 Site 6 Site ll Site 12 Site 5 -Swedish Site -Floyd/Huron -Floyd/Acoma -Lo gan /H ampden -W. Quincy/Railroad GROUP 3 -THIRD CHOICE A. B. c. D. Site 13 Site 8 Site 4 Site 2 -Kenyo n/Jefferson -Kenyon/I nca -Radcliff/Windermere -W. Quincy/R a il road GROUP 4 -FOURTH CHOICE A. B. c. Site 3 Site 9 Site l -W. Stanford /City Ditch -Galapago /Belleview -W. Belleview/Windermere • • • • - t I J D - 8 • I • • • l ~"'~ l z -4 ""' 4,.."' ~"' < ; . ,. :o,.. oc o,. n= oo .:z 1:1: c,. Z-4 -:. ... _ ~. n "' ~ "' :D ftf re i SITE FEATURES SITE 1 W IILLI911W I W .. I·-·· f---- 2 • .... c•,•••L•o•• ~ 3 W lfA.PO.et CtfY etTCM ·---- 4 IAICLWP I W .. II .... ·- 5 ..... ,,, ......... - I ,-"·'· ..... f--7 ••• , •• , ... 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' -E::-, !t ..... ~ ,. .• V[t.;;.;;.,·· ~ -'1~. :-I z ...... 1 ,-; 4 \:..\. • Q J a '" I -~-' 'l .._·...,_, :••• .... _ ~-:>~ &Y[ • ~J .-· rl o0 .h ,_) .,._ 'll...o ·-· I • ... ._,~ ·c.. ·•·•·t • . ..... .. _ t ·· I I -..... ;. ':--• ... _ I .... '. I ~ I ;,.~. (II'{X)D ...,.. K "'<JOI... !: , .. ----' 200'[. .-"'. :•--~ ~,· ,f ·~ • SO"o e:. -40o !. · soo e:. ~:'~ ........ ~. \_;",:-=:,.:. ~ ;-:. • ~ -J .~;- 800E . ,. ~. ~·· _l ~.-,· • ' • • ---, LEGE NO ~ -------- ~ 0 00 ooo • • • OOlJ)IitAO() STAT(........,£ ~ru f loiOlWI:OJ O:HY'IUI.. mtoft GRAPHIC SCALE ~ ~ .)() ,......:r ~··· 13 ' LlLl.. REVISIONS KENYON I .. _JEFFERSON t -r'· I (5NGL[IIII~ ..{CW£RRY HILLS) f' (VILLAGE) ~~~~~~--~~·~~~----=~~ CITY OF -~· .... , .... . ....-,._.~ ·-~ , .. DE PARTMENT Of PVBUC WORKS COLORAOO ..., ' . . I ~ I ""l(MIIf:O .,-fDIIW ~-QIT[ ., ,I " . -.11 __ __,_1~00~ i.. 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' .{' • • CINO(RElJ_A CITY CC.Y PI.[ .;·· ~ ,------: . _, .. ~·:.:=·-..- --~eoo w. .to . ·-. .-· .. ··:~. ~ :- -~ ~ ~...; ~ .-I ,. I ...... ~, ~ ... •. -· ' ~- ,_, ... I'«JRTH SCHOOL '· t.tST MAN -· ,, .. ' '· CITY HA LL ., ' . . -· . ... ..... ·~" ., -., ) ICSI r;:-' .. "'~'1..- . : ~·~ . -. ~~ t) •• 't ]_ -. -M. ~ ::';;;.;: (_, ·r= <."' ,1: ( ~ • .-... r ,./ A -·"' ...... -:. :.; .. ~,. ~r· .. .:.., ' . ~ -. .,.. ,. . 1<. '' I r .. ll r f ' i 1'' ,L . I ~-I.e. _) ·=--· ; .. ·= . I l . .... AV E I ,~ ... " i ( r 1! r ~' \. ,·••r n:if'U'J!! 4llf ~ ~;:T ~·" .. . . IO OW. ooo w. LEGE ND ---~ ---- \..')..J $ e VICI NfTY MAP I • It ~ D CXII...OMDO S hiT[ ~ OOOIIIII)IH,lTU (loG)I~OI CI:HT11tAL mH£ GRAPHIC SCALE ... ~ ... ,O(lii&O>• .. 1 _u...r:. REVISIONS .11 FLOYD I ACOMA CITY OF ENGLEWOOD , COLORADO OE:PAATMENT Of PUBLIC WORKS I'WV'IIUIII:O itff'QIIW~..w;Oift ..f...:..!.!... s ..-<I S£C)<I,N S,II61 fll',6fl'l P M " -.. ···~ ...... • c z w 1;3 --' . . ~ J. . ; J I ; ! I ! ! 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' ~~ '{, ~ \, ... --~ ~-;· . ~ "'.'-i .. ;•;·-:i I ... . .. .. ; i • LEG END ------ w • VICINITY MAP ~i ~ ~\;I P:O., . -• ....,, M -· ) . • . .._ ~ . ~ .z 'z ~ ,;.- . a .. ~ .. ..~ (LITTl.ETONJ' .-· --.1' Vl, ,.... ... . .. -.. Sf.lt{ PU1HC COOfm,NAT[S I WOD!rt:Ol a:HTWAL. ZDHE GRAPHIC SCA LE ... )f -V::41&1' ... l .lJ-L 9 REVISIONS ·~ (.ENGLEWOOD) ..... '-. .... T GALAPAGO I BELLEVIEW ""--'""'--'---- CITY OF fNCLE WOOD , COLORA [ J D£PARTMEN T OF PUB LIC WORI<S .;' : 700 W. • 600 W. 500 W. 400 W. 300 W. 200 W. 10 0 W. 000 W. lllt£11UJ[D 1Y 1r:.w ~ lfC 011fi ....!...JL:::_ N W 4 )("t: ~ Tj,S /164 w, .11<' .. M • 0 z . ~ 1. ~ . I I ) . ! \ • e" -~-~[ ~ --__._J J l l • t i .... II i. • .. •• " '· c (.) z - .......... z 0 > ·Z w ~ '.!II I . ~ 1 ) !1 ~ \ . i j : ~ i l I Jj ' . I j l !l l ! J tl r • I I ) I . ~t I • ill~ <J • :Ii i ! I I I lj I ~ .. .. - · l 1l 1 ! i I ! j 1 I I l i I ' l! J! I J I ! l J I -. . '··~· ',-. ) .... , --------------~~~ ; .~ - 1. i . • .( 11 i ' ! 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'' ~ . us ••• .~.;: f ·-:, ...... -.. \ .. . . ., -·- --""" \ I I " . ... ~ . ~ . 900W. aoow. 6 ----- LEGEND -----=-- ------ ·-----.-...__,_ .. ~ --.. -- """"""' VICI NITY MAP I t 10 II • '~. Sll&Tt "UH£ COOMWrii.JD 1 ~01 CfHlltAi.. Dol( GRAPHIC SCALE v -..oo~~·---LZLL... REVISIONS FLOYD /HURON .. ,.... ,_ , ........ CITY OF ENGLE'MJOD, COLORAOO DEPARTMENT OF PuBLIC WORKS Plt£,..,..-:o rr n.w ~ AC cwt '·N ·n S£t/•,SCC .JJ,T«S,!I~Iw .•rw ~M • :' , I :: 1' . ' ' ~ \Ill I \ H II I I ' ) ' I . I ' 'J I I J J I 'j l I I J 'I l ! l. !I!! IJ J l I . I ; ) . I! I I I I I ' JJ!il!l!ildt l!JJ,_ Ill/ • ..... ~ .. - .. • % - " t"Jz ~Clr' -J • ··i . i- ~ ,.c. : L1 • • ,·_, t' .. i_. 1_ 0 . i - 1. i_ ~· l i. I i i-i. I_ t ' . l i. i. ., 4 ~ ..... .. I i i i I ~ . ~ . i . I t • ~rr' .; ' • J C~ i· i . f] . -~ I .r.' . I ~r u~···-c. .. , i. r . " ;:-. i-;. 1~ ~-. ! [ i. i. i_ ..aj Ji ~ I. 1. ~ I i- . . • i_ i ' i. i ' ' . ¥ 'r-"""'"'-••• -<" •• . . -" i r ' -· y ; . j . , ' I i i • l. 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' Gr '--'"'-. .J-'.J.·" Jz ' --~-.=.-. .;.Y, ~-.. { ~ "I ... ~ . ' ' -......... ~ .. ' t-•.• ! . , ;r -! l '":i .. ..1 ---· ... \ 'H •'!r' ,.•-' i -·• r .... , '· .... ~-., , l_,.-··' ------ TUFTS ,•-• -. I' I :.~ :' E . ' . r ·-· I l L ·' . . ;. ,t , • c . 2 ~~. -.. .. ._ ....... A, ,. . ! .. .. .-~-, .I n. .. .. ~. ..._ 1-·--o.t. • < " :/ ,, . t - -~ ~ r -"" -··' ~~. . I ..... -· .A:.'E.. ' . 1200 ~ 1100 W. 1000 W. 900 w. \ ... ' . ' r ··-•_..._ ; 1 A>E I '\ ~ ,.,. I -. I -· . '. I. J, .,, } .J ~.~. 4 s-t•rt:~~TtSWOOif'I:O' a: ... ~ ... lD'+f_ GRAPHIC SCALE ..1 ....,"'D(loO A-o _J...ll_J.. RE VI SIONS RADCLIFF I WINDERMERE !..""~""' ,_ CITY OF ENGLEWOOD , COLO RA DO . --·· ' -· aoow. DE PARTMENT Of f\18LIC WQR I<S I IIW(PIIUilO if'I'~<M:OIITf_l6 ' _____ ._ __ •<_•_st. ~ ~~· ~ · .. • j \ ll \\ n ; l ( ) id : I I 1 I . ,1 I I I ! J I I I . I l l t' i J I I I J J I I • I i l ! ! I I II I' lldldlJJdt I!!!J. I II ...... . i .... j .! 1. i. i. II r 1. i. ...., -II... .! i .. • • • ......... ~ ~ Q e j I I ~ a: Ia 13 i ~ o:::r::: VJ I LL.(J ~; 1.1 ' 5 d: "' Zt-~ 5 • a: ~ c-~ .,_a 0> CW) ...... ~u • ~ 1\ i : 'rl I . . 1 ) \ ~ I ) l( II I I , I I o . ••• Q -4-0 ! l l I ! 1 1 1 : 1! l !l !Il l l j lJI .-tl i I J! I I ,. I ' ll d l!llildt l!!J tf 1111 i. . i. -i. 1. L i. 1. . '-i -~;..,;. i. ;. i 1. \ • rr t.._,.~l r I. i. I. i. l . ·' -= i i i i.l] i. j " ~ Ia •• ,~ ~ ~ e I i. [_] ' ' l i. i. i \ l ! ~ f -~ 0 ., l3 ' ~ ~ . (/) (/) ~ • t I >c i ~ l ~: i (/) 5 w <Jc:c • a:: LtJ 0 f ~-0 ...J l'l • ::::.~ ~ 8 ~ .~ a= > ~ ,~ I-' • C\1 ~~ 0 !!I ~~ \ ¥ i .. . ·.~ . 0 . [' ·-, r; 1 . .. -. ... i. -"0-~ "·' 1. I+· .',• i t . t,j lS . t i. .J 1. •• I I .,; 0 g .,; 0 0 ... • . - I . ·l ·;~j .... ,_., _....,,"·- I --~~_.....:-'i..;.:·, ... T.:'. - . ,. ..... ~ . I 0 ' .--· -· . L. ---~,....___ .... .~ .. ....: . . I. r I ( l .. I:. ,. -r .. - ~ [~{·. _· : ~· I .,... . • ·"""~··,., .... I ; <.o c .. , ~ • I ..... . . I ., t . 'I . . til'!#~-- -· .... -· -. , .. ·~-..:::: ·-·~ ~·w · c:::i $1~~. .-.r"". ~,._ ' .,_.1 ') l.J ) "-e ··~· . i ... -v -. ~· Jf.,. ~~l '>.) fV'o. J, - ( ->J,J .-...... .< L_ I ... - ..... I . -::.~' .... J tl,~ * t. ·-.-, ~ --_~...,· --· -··' - .. • -· -·- ·-- ,... 'll.f-.~ .- ~. , ;. l ~i'~ -. .·-· -~~ ~!Jn.:t1oN>~ .-' I -~--- -·.-+1·-· -. ~-~' .-! .- ' . j 'J~f ! I / ,, . ! ·. t ' -• ld(tvlo • . ._:~ • / ,w ·-&( ,Mo , 1 '::oi.:a;. -...... -·-,_ .....--..., • .. .,~:,..._._... _ _,. . f • • ..... -.... ~ ... , .. ___,.. .r 1 . 0 LEG END -·----·----·-c---------- VICI NITY MAP r-- L~~t j ••• 1 •• T l:T.L . • '· y ', I CXllDit.t.OO s r.n_ ~UHt ~ru .... GRAPHIC SCALE ... ~# ....... .!.. Qo REVISIONS ......... W. BELLEVIEW I WINDERMERE .. __ , .... __ ,_ CIT Y OF ENGLEWOOD , COLORA DO 0£~RTt.I [NT Of" PVB UC WOR I(S ....,.,.ort mM' ~cwt ...l....1..;.!! I • • SITE NO . 2 3 ·~· I I 4 5 • • • S I TE W, Belleview/ Winder=ere W.Quincy/ Railroad W. Stanfo rd/ City Ditch Radcl iff/ Winde rere W. Qu bcy/ Railroad ZON I NG I-2 I-1 I-1 I-1 I-1 EN GLEWOOD COMMUNITY CENTER SITE EVALUATION ~WW IWI REQ UIRE ~IE\T LA.\D SI ZE: 2~ to 3 A~r es = 108,900 Sq. Ft . AREA ASSESSED (SO . FT .) VALUE 259,87 0 101,200 $39,380 262,300 $10 ,120 318 ,600 -0- 84,000 APPRAISED VALUE (APPRO X.) $4 68,000 $4 86,000 $656 ,000 $975 ,25 0 $279,000 ANALYSIS Disadvanta ges: The site is locat :d in L ::.,t~.t;.::;:.. It is not conveniently located for citizens i n the northe r n part of Englet;ood · The arterial and industrial stree ts make the s it e a poor prospe c t for a co mmu nity center. Disadvanta ges: Because of its si z e, the ?roper ty would not be feasible. The s i te is lo c ated i n an ind us~r 1al P r~z and is no t centrally located. Pedestrian a cc ess is ~~cr. ~o bike t r a i l or bu s services the area. Poor access i b i lity f.::t Engl.o:;oocl resi den ts to the area and could possibly be af'f<!cted by the Quincy/Santa Fe interchange. The property l.'ould meet the min ir.:~:n area req u i rP ments; hm.r ever, tht:: 1 property is under develo pme nt at th is time. Advantages : La rg e amount o f l and i s avail ab le; util1tles a re available. Disadvantages: Located in an ind ~strial area and adjacen t to rai l - road and South Santa Fe Drive. It ia not in close proximity to residential area and has poor ped ~strian access. Di sadvantages: The si t e d oe s not ~eet the min imum area require- ment. Lo c ated i n an indu st rial a:<!a on arterial a nd industria l streets. Access ~o uld be d i ff icul t for pe de s t rians and bicyclists. Demolition an d relocat i on of e xisting bu s i ne s s i s necessary. The pro perty i s ne t centra lly located, and i s not easily ac ces s ible to Englet.r ood r e s idents . ~· • • SITE i\0 . SITE 8 9 6 Floyd /Huron 7 Kenyon/ Calapago Kenyon/ Inca Calapago/ Belleview • • • ZONINO I-1 I-1 I-1 R-2 ENGLEW OOD COMMUNITY CENTER SITE EVALUATION AREA ASSESSED (80 , FT .) VALUE 217,860 $34,410 104,270 90,750 155,400 APPRAISED VALUE (APP.~OX.) 5660 1 :.oo 5625,)00 5272,000 S2i2, jQ O ANALYSIS Advantages: Centrally located, near the Cir.der '!J.la C:! t activity center. Adjacent to Cushing Park and bicyc i e a:id pedes :ian trail system. ~~e property is in close proximity to resident al area. Disadvantages: Access to the site is already a problem; with Dart- JIIOuth/Santa Fe improvements the access from the north 1-.'C':.lld be even more limited. Proposed light-rail system down Santa Fe =ay encroach on the land. The site is partially in the flood plain. Advantages: Centrally located and cood accessibility. In close proximity to residential area and easy ped ~str ~~n acces 5. The identified site does not meet minimum area requirement; :1 o1~ever, there is other adjoining land under sar.~e OIJnership which might be added if t he site were chosen. Disadvantages: The site is in an industrial area; howe v~r, it is in an area that is undergoing cha,Ke. There is no direct bus ser- vice in t ~~ area. Existing structures need to be demoli5hed. The site does not Qeet the ainimum area requirement and is not centrally located. While the property is located on a collector street and has &ood access for motor vehicles, access by bus, bike, or pedestr i an is poor. The area is surrounded by industrial uses. The prope rty meets the mini•um area requ irement , but it :s loc at ed in Littlet on, and would be discoun ted for this reason . I • . • SITE :\0. S li E 10 Miller Field II ll • • • Floyd /Aco Lo gan / H&llpd en Z ONI N G R-3 8-1 B-1 E NGL EW OOD COMMUNITY CENTER SITE EVALUATION AREA AS 3ESSEO (SO. FT .) VALUE 237,200 -0- a ) 4,23 9 b ) 52,400 c }ll4,920 171 ,55 9 Total 91 ,225 $1 0,850 s 71 t 240 -a- $82 ,090 APPRAISED VALUI! (APPRO X.) $920,000 $2 ,39 8 ,00 0 S5 47 ,000 ANALYSIS ~dvantages: The site is centrally locat e d wi th go od access for all codes of transportation. The property is in close prox~mity to residential areas and public uses. Pedestrian access to the site is good. l,'hile the City owns the land, ~Iiller Field would have to be relocated. Disadvantages: ~lust find a suitable site to relocate ~Iiller Field. It could be difficult to find another site large enough and the cost ~ay be high. Advantages: Close proximity to public uses, commercial and resi- de ntial development. Has good access for all .odes of transporta- tion. Utiliti es are available. Disadvantages: The land is developed, existing business would have to be relocated. l.'ith the proposed pedeatrian ~~all on West Girard Avenue between South Broadway and South Elati Streets, \{est Floyd Avenue will be necessary for traffic circulation . The City land is leased and any parking t~hich would be removed would hav e to be replaced. If a developer t•ere to purchase the old Park ·~ Sho p property and take over the lease, or if the present owner ~ished to redevelop, the land beco ~es a prime target for high- de ns i ty, mixed-use development in the d~~town plan. Th is site ia centrally located with good acceas for bicyclea, pedestrian•, as well as motor vehiclea. However, it does not .. et th e ni ni~m area requirement. Structure• on lite would have to be dem olished and re1idents relocated. The demolition of existing bui l di ngs would add to the c ost of t he site . • • • SITt:: \0. SITE J.J IS 16 !.) !\enyo;- Je ffe:-son Swed ts;, Site Dairy Site ~ddox SchoC'1 • • • ENGLEW OOD CO MMUNIT Y CENTER SITE EVALUATION ZOHINO AREA ASSESSED (tO. FT.) VALUE APPAAIUo VALUE (APPRO X.) R-2 83,140 S4Jo,ooo R-3 75,500 S27o,ooo I-1 232,000 $742,400 R-1-C 157,850 -0-$395,000 ANALYSIS Thb •1 to do., "" "'" tho oio!.,.0 .,,. "' oi "''"", "''"", it i• •••t<olly lO<oto d ood io <looo pooxioity to •••idootiol '''' l.'hich offers good pedestrian access. Dioodeoo t''''' Tho •ito i• loootod io • flood ploio, Doool!tioo of •x<•tios ho,,,, ood <olooot!oo of '''''••t• ><old bo "''''''''· To o •<to do,, oot •••t tho m!oimom '''' ''''''•••ot,, Add!tioo•l lood i• •••<lob!o odjoio!og thi, poopooty, A P<oblom •ight '•••lop •dth ''''di•h Modi.,l Coot eo "'"' to dovelop tho "''. Tho PtoPooty '' loootod fo • •••idootiol '''' 'ith good pod oot ofoo ''''''· Advootog,,, Poo•idoo goOd '''''' off O.food ood Kolo.,th Stooot• • x,,, ''<ideotfol '''' 'ith goOd pedootoioo ''''''· lo~, •ito :dth room for parking and expansion. Di•odeootog,,, loooted oo tho hoodoo of '" iodo•t<iol ''''· No ~us service to the site. Ao oltocoot!eo to • ""'oofty ""'" '"•, >lilloo Fiold to old be <oloootod hooo, Tho poopeoty i• io • ••<ideotiol ''''• 'ith '''Y pedestrian access . • • • • • BY AUTHORITY ORDINANCE NO. ____ __ SERIES OF 1982 COUNCIL BILL NO. 1 INTRODUCED BY COUNCIL MEMBER NEAL AN ORDINANCE EXEMPTING LIMITED GARAGE SALES FROM THE SALES AND USE TAX ORDINANCE OF THE CITY OF ENGLEWOOD, COLORADO, BY ADDING SEC- TION 38 TO ARTICLE 4, TITLE XIII, OF THE ENGLEWOOD f.1UNICIPAL CODE OF 1969, AS AMENDED. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The following Section 38 shall be added to Article 4 of Title XIII, Englewood Municipal Code of 1969: 13-4-38 (a) Definitions. As used in this Section, the following terms shall have the meanings indicated: (1) GARAGE SALE --Includes all sales entitled "Garage Sale," "Lawn Sale," "Attic Sale,• "Rummage Sale," or similar sale of tangible personal property which is advertised to the public at large. (2) PERSON --Shall only include individuals who own real property or maintain a lease of real property where the sale is occurring for a period not less than three (3) months prior to the sale. (b) No Permit Required. Persons holding a garage sale for not more than three (3) consecutive days per calendar year shall not be required to obtain a sales tax license provided the following provisions are met: (1) the person has not participated in another garage sale in the current calendar y ar; (2) another garage sale has not occurred at the location in the current calendar year. (c) Signs. All p rsons re permitted to er ct signs adv rtiaing a gar ge sale in public right-of-way provided said signs meet th following requir -menta: • I • • • • .. -------- • (1) not exceed 18 inches x 18 inches; (2) bear the name and address of the person holding the garage sale and date of sale ; (3) is not placed on a traffic regulatory device or municipal utility structure; (4) does not obstruct traffic view or hinder municipal operations; It shall be prima facie evidence that the party identified on the sign has placed the sign in the public right-of-way. (d) It shall be unlawful for any garage sale sign to be posted more than three (3) days prior or three (3) days after the garage sale. Introduced, read in full and passed on first reading on the lst day of February, 1982. Published as a Bill for an Ordinance on the 3rd day of February, 1982. Read by title and passed on final reading on the 16th day of February, 1982. Published by title as Ordinance No. _______ , Series of 1982, on the 17th day of February, 1982. Attest: Eugene L . Otis, Mayor I, Gary R. Higbe , ex officio City Clerk-Tre surer of th City of Englewood, Colorado, h r by certify that the above nd foregoing is tru , ccurat nd complete copy of th Ordin nc passed on final r ding and publ~ah d by titl s Ordin n c No. ___ , S ri of 1982 . -2- • I • • - -- • • • • ----- Jt} BY AUTHORITY ORDINANCE NO. SERIES OF 198~ COUNCIL BILL NO. 7 INTRODUCED BY COUNCIL MEMBER ~ -t...<-:1'~. AN ORDINANCE ADDING SECTION 11-6-27 TO THE ENGLEWOOD MUNICIPAL CODE OF '69 PROHIBITING URINATING IN PUBLIC. WHEREAs, the City of Englewood desires to promote and enhance the health, safety, and welfare of its citizens; and WHEREAs, certain unsanitary acts are contrary to the public health and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. That Title XI of the E.M.C.'69 be amended to include a new section as follows: 11-6-27 URINATING IN PUBLIC It is unlawful for any person to urinate or defecate in any public place within the City. "Public place" shall mean any place to which the general public has access, excluding, however, any public or common-use restroom facility. Introduced, read in full, and passed on first reading on the lst day of February, 1982. Published as a Bill for an Ordinance on the Jrd day of February, 1982. Read by title and passed on final reading on the 16th day of February, 1982. Published by title as Ordinance No. _____ , Series of 1982, on the 17th day of February, 1982. Atte st: Eugene L. Otis, Mayor X officio City clerk-Treasurer • I • - -- • • • • 7£5 BY AUTHORITY ORDINANCE NO. SERIES OF 198~ COUNCIL BILL NO. 7 INTRODUCED BY COUNCIL MEMBER ~ -1....~~ AN ORDINANCE ADDING SECTION 11-6-27 TO THE ENGLEWOOD MUNICIPAL CODE OF '69 PROHIBITING URINATING IN PUBLIC. WHEREAS, the City of Englewood desires to promote and enhance the health, safety, and welfare of its citizens; and WHEREAs, certain unsanitary acts are contrary to the public health and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. That Title XI of the E.M.C.'69 be amended to include a new section as follows: 11-6-27 URINATING IN PUBLIC It is unlawful for any person to urinate or defecate in any public place within the City. "Public place" shall mean any place to which the general public has access, excluding, however, any public or common-use restroom facility. Introduced, read in full, and passed on first reading on the lst day of February, 1 982 . Published as a Bill for an Ordinance on the Jrd day of February, 1982. Read by title and passed on final reading on the 16th day of February, 1982. Published by title as Ordinance No. _____ , on the 17th day of February, 1982. Series of 1982, Attest : Eugene L. Otis, Mayor ex officio City clerk-Treasurer • I • • t : • 7LJ OJ ITY COUNCIL BILL NO. 7 INTRODUc:P BY COUNCIL MEMBE~ ~-ZJ,%& -2 7 TO THE ENGLEWOOD MUNICIPAL CODE PUB L IC . o o d desires to promote and enhance o f its citizens; and y ac ts are contrary to the public !NED BY THE CITY COUNCIL OF THE t h e E.M .C.'69 be amended to include -I NG IN PUBLIC a ny person to urinate or defecate i t hin the City. "Public place" t o which the general public has , howe ver, any public or common-use d i n f ull, and passed on first reading on the , 1982. s Bill for an Ordinance on the Jrd day of i tle and passed on final reading on the 16th day 1 98 2. h ed by title as Ordinance No._1[__, Series of 1982, t h day of February, 1982. Eugene L. Otis, Mayo r x officio City Clerk-Treasurer • I • - - • • • • ]tJ BY AUTHORITY ORDINANCE NO. SERIES OF 198~ COUNCIL BILL NO. 7 INTRODUCED BY COUNCIL MEMBER ~-:J -t..r:E) AN ORDINANCE ADDING SECTION 11-6-27 TO THE ENGLEWOOD MUNICIPAL CODE OF '69 PROHIBITING URINATING IN PUBLIC. WHEREAS, the City of Englewood desires to promote and enhance the health, safety, and welfare of its citizens; and WHEREAS, certain unsanitary acts are contrary to the public health and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. That Title XI of the E.M.C.'69 be amended to include a new section as follows: 11-6-27 URINATING IN PUBLIC It is unlawful for any person to urinate or defecate in any public place within the City. "Public place" shall mean any place to which the general public has access, excluding, however, any public or common-use restroom facility. Introduced, read in full, and passed on first reading on the lst day of February, 1982. Published as a Bill for an Ordinance on the Jrd day of February, 1982. Read by title and passed on final reading on the 16th day of February, 1982. Published by title as Ordinance No. _____ , on the 17th day of February, 1982. Series of 1982, Attest: Eugene L. Ot1s, Mayor ex officio city Clerk-Treasurer • I • • • • • • I, Gary R. Higbee, ex officio City Clerk-Treasurer of the ~ity of Englewood, Colorado, hereby certify that the foregoing ~s a true, accurate and complete copy of the Ordinance passed on final reading and published by title as Ordinance No. Series of 1982. ------- Gary R. Higbee • I • • • ORDINANCE NO. f? SERIES OF 198~ • • • BY AUTHORITY AN ORDINANCE ADDING SECTION 11-6-27 TO THE OF '69 PROHIBITING URINATING IN PUBLIC. COUNCIL BILL NO. 7 INTRODUC~ BY COUNCIL MEMBER;) Kaf' AAk ENGLEWOOD MUNICIPAL CODE WHEREAS, the City of Englewood desires to promote and enhance the health, safety, and welfare of its citizens; and WHEREAS, certain unsanitary acts are contrary to the public health and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. That Title XI of the E.M.C.'69 be amended to include a new section as follows: 11-6-27 URINATING IN PUBLIC It is unlawful for any person to urinate or defecate in any public place within the City. "Public place" shall mean any place to which the general public has access, excluding, however, any public or common-use restroom facility. Introduced, read in full, and passed on first reading on the 1st day of February, 1982. Published as a Bill for an Ordinance on the 3rd day of February, 1982 . Read by title and passed on final reading on the 16th day of February, 1982. Published by title as Ordinance No._l[__, Series of 1982, on the 17th day of February, 1982. Attest: Eugene L. Otis, Mayor X officio City C! rk-Treaaurer • I • • - • • • • I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the foregoing is a true, accurate and complete copy of the Ordinance pas~d on final reading and published by title as Ordinance No. , Series of 1982. Gary R. H~gbee • I • • - • ORDINANCE NO. SERIES OF 198~ • • • BY AUTHORITY COUNCIL BILL NO. 8 INTRODUCED BY COUNCIL HEMBER HIGDAY AN ORDINANCE AMENDING TITLE XI OF THE ENGLEWOOD MUNICIPAL CODE OF '69 TO INCLUDE A NEW SECTION 13 TO CHAPTER 2, RELATING TO NUDE DANCING AND UNLAWFUL LEWD ACTS, AND DECLARING AN EMERGENCY. WHEREAS, the City of Englewood, Colorado, licenses establish- ments to sell liquor; and WHEREAS, the City Council of the City of Englewood is con- cerned about the effect of certain sexual performances in estab- lishments where liquor is served; and WHEREAS, the City Council feels that a prohibition on sexual performances in liquor-licensed establishments is the best way to ensure the health, safety, and welfare of the citizens of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. That Title XI of the Englewood Municipal Code of '69 be amended to include a new section as follows: 11-2-13: UNLAWFUL LEWD ACTS, NUDE DANCING (a) It shall be unlawful for any establishment holding a liquor license under the laws of the State of Colorado and the City of Englewood to permit the following conduct on the licensed premises: (1) the performance of acts, or simulated acts, of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, or any sexual acts which are prohibited by law; (2) the actual or simulated touching, caressing or fondling of the breast, buttocks, anus, or genitals; (3) the actual or simulated displaying of the pubic hair, anus, vulva, or genitals; (4 ) any actual or simulated dance which violates section (1) through (3) above; (5) permitting any person to remain in or upon th licensed premises who exposes to public view any portion of his or her genitals or anus. • I • • - • • • • (b) The above prohibitions shall include any film or pictures depicting acts a live performance of which would be prohibited by section (a) above. Section 2. That an emergency is hereby declared in that the Englewood Municipal Court has found legislation relating to obscene performances unconstitutional and the passage of this ordinance is necessary for the immediate health, safety, and welfare of the public. Introduced, read in full, and passed on first reading on the lst day of February, 1982. Published as a Bill for an Ordinance on the 3rd day of February, 1982. Read by title and passed on final reading on the 16th day of February, 1982. Published by title as Ordinance No. on the 17th day of February, 1982. , Series of 1982, Eugene L. Ot1s, Mayor Attest: ex officio City Clerk-fr asurer 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 the Ordinance passed on final reading and published by title as Ordinance No. _____ , Series of 1982. Gary R. Higbee -2- • I • • • ORDINANCE NO. tl SERIES OF 198~ • • • BY AUTHORITY COUNCIL BILL NO. 8 INTRODUCED BY COUNCIL MEMBER HIGDAY AN ORDINANCE AMENDING TITLE XI OF THE ENGLEWOOD MUNICIPAL CODE OF '69 TO INCLUDE A NEW SECTION 13 TO CHAPTER 2, RELATING TO NUDE DANCING AND UNLAWFUL LEWD ACTS, AND DECLARING AN EMERGENCY. WHEREAS, the City of Englewood, Colorado, licenses establish- ments to sell liquor; and WHEREAS, the City Council of the City of Englewood is con- cerned about the effect of certain sexual performances in estab- lishments where liquor is served; and WHEREAS, the City Council feels that a prohibition on sexual performances in liquor-licensed establishments is the best way to ensure the health, safety, and welfare of the citizens of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. That Title XI of the Englewood Municipal Code of '69 be amended to include a new section as follows: 11-2-13: UNLAWFUL LEWD ACTS, NUDE DANCING (a) It shall be unlawful for any establishment holding a liquor license under the laws of the State of Colorado and the City of Englewood to permit the following conduct on the licensed premises: (1) the performance of acts, or simulated acts, of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, or any sexual acts which are prohibited by law; (2) the actual or simulated touching, caressing or fondling of the breast, buttocks, anus, or genitals; (3) the actual or simulated displaying of the pubic hair, anus, vulva, or genitals; (4 ) ny ctu 1 or simulat d d nc wh~ch violat s section (1) through (3) abov ; (5) p rmitting ny person to rem in in or upon th lie n d pr mia a wh o xpoa a to public view any portion of his or h r qenitals or nus. • I . - • • • • (b) The above prohibitions shall include any film or pictures depicting acts a live performance of which would be prohibited by section (a) above. Section 2. That an emergency is hereby declared in that the Englewood Municipal Court has found legislation relating to obscene performances unconstitutional and the passage of this ordinance is necessary for the immediate health, safety, and welfare of the public. Introduced, read in full, and passed on first reading on the 1st day of February, 1982. Published as a Bill for an Ordinance on the 3rd day of February, 1982. Read by title and passed on final reading on the 16th day of February, 1982. Published by title as Ordinance No.~, Series of 1982, on the 17th day of February, 1982. Attest: Eugene L. Ot~s, Mayor ex off~c~o City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the Ci ty of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and complete copy of the Ordinanc pass?[ on final reading and published by title as Ordinance No. , Series of 1982. Gary R. H~gbee -2- • • • • .. BY AUTHORITY ORDINANCE NO. SERIES OF 198~ COUNCIL BILL NO. 9 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE AMENDING AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND THE ENGLEWOOD HOUSING AUTHORITY FOR ADMINISTRATION OF THE HOME REHABILITATION PROGRAM. WHEREAS, after audit of the City of Englewood's Community Development Block Grant Program, it was determined by HUD that the City of Englewood does not have sufficient authority for a lump sum drawdown; and WHEREAS, HUD, the City, the Englewood Housing Authority, and Continental National Bank -First Interstate Bank of Englewood have come to a common understanding concerning "lump sum drawdowns"; and WHEREAS, by Ordinance No. 33, Series of 1981, an aqreement currently exists concerning this general matter and it is the desire of the parties to amend said agreement. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE C ITY OF ENGLEWOOD, COLORADO: Section 1. That the City of Englewood agrees to amend an agree- m nt w1th th Housing Authority titled "An Agreement Between The C1 y of Englewood And The Englewood Hous ing Authority Regarding Th Polici s Governing The Housing Rehabilitati n~ Loan And Grant Program 0 Th Englewood Housing Authority" conoisting of eight (8) typ wr1tt n pag s, attached hereto and incorporat d herein by r erenc Said agreement is amended as follows: Pag 1. 1 . Th Authority, through its personnel, or the personnel of the City, with the approval of the City Manager, shall be responsible for the execution of the Housing R h bilitation Lo n and Grant Program, herein call d "the Program•, in accordance with Community 0 velopm nt Block Grant (CDBG) regulations. Englewood Housing Authority CEHA) shall ny unused CDBG fu nds to the City at the end ment or if HUD demands the money in with CFR 2 4 , 570.910(b). (Attachment A) • I • -• • • Section 2. That all ordinances and resoluti o ns i n c o n flict with the foregoing a re hereby repealed and e xpress ly repea l e d are all prior Rehabilitation Loan/Grant Progra m Agreeme n t s. Section 3. The City Manager is authori zed to execute thos e documents necessary to carry out this o rd i n an c e . Section 4. The City Council of the City of Engl e wood, Colorado , hereby authorizes the Mayor o f the City o f En g lewood, Color a do , t o subscribe his name to said Agreement for and in beha lf o f the City Council and the City of Englewood, Co lorado, and that the Director of Finance, ex officio City Clerk-Treasurer, attest the same. Section 5. An emergency is hereby declared r equirin g i mme d iat e passage of this ordinance by reason of need to repair substandar d housing by issuing loans and grants to c i tizens o f the City o f En g lewood in target areas meet i n g the r equirements o f the p rogram . I n trodu c ed, read i n full , and passed on first reading on the 1st day of Fe b r uary , 1 982 . Published as a Bill for an Ordinance on the 3rd day o f February , 19 8 2 . Read by title and p assed on final reading on the 16th day of F e brua ry , 1 98 2. Publish ed by title as Or d i n ance No. on the 17th day of Febr uary , 1 98 2. Attest: ex officio C~ty Clerk-Treasurer , Series of 1982, Eugene L. Ot~s, Mayor I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood , Colorado, hereby certify that the above and foregoing ia a true, accurate and compl te copy of the Ordin nc passed on final reading and published by title as Ordinance No . _______ , S ries of 1982. G ry R. Higbe -2- • I • • • • AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND THE ENGLEWOOD HOUSING AUTHORITY REGARDING THE POLICIES GOVERNING THE HOUSING REHABILITATION LOAN AND GRANT PROGRAM OF THE ENGLEWOOD HOUSING AUTHORITY. The City and the Authority agree as follows: 1. The Authority, through its personnel, or the personnel of the City, with the approval of the City Manager, shall be responsible for the execution of the Housing Rehabilitation Loan and Grant Program, herein called the Program, in accordance with Community Development Block Grant (CDBG) regulations. The Englewood Housing Authority (EHA) shall turn over any unused CDBG funds to the City at the end of the agreement or if HUD demands the money in accordance with CFR 24, 570.910(b). (Attachment A) 2. Application for assistance shall be first submitted to and approved by the Authority under procedures adopted by the Authority. 3. Upon receipt of an application, the Authority shall cause an inspection to be made of the applicant's residence and, if deemed necessary, shall: a. Ca use a detailed list and explanation to be made of all actions and work required to eliminate or repair the conditions of the residence which make it sub- s tandard. b. Cause an est imate of the cost of such repairs to be made. c. Obtain s ufficient documentation that the applicant had ood title to said residence. d. Make an est iaate of the value of the applicant's equity in said residence. e. Prepar and verify a social and economic profile of the applicant which shall include: family composition, family income, place of employment, if any, of all family members, approxiaate dat of purcha of residence, and existing indebtedness secured by said r sidence. f. Prepar a pr liminary nalyaia of applicant's ability to repay ny funds aade availabl to applicant und r th progr-. 4. .!!! .!.!!!. preparation .!?!. .!!! reports ~ analya a r qui red ~!.!!.!!. aaree•nt, ,!!!! in approvin& ~and/or arant applications, !,!!!. following policiea shall .!ff.!l: ~ ~ followed~~ Authority: 11/13/81 • I • • - / / • • • • • • J~ans and ~r~nt u axe m~de available for the purpose of po nnanen t .improvements, additions, o:r: other housing n1habilitation and may only be used for: 11. i!epcd .c·; anc.l improveuients to maet City Code S ·Lancla.cds. G. Bneryy conservation improvements. c. 8llmination of incipient violations of the City Code. u. Generc:1l property improvements. :0 • t:J:.:!-5J_ib~li~:t. fOE_ ~· fl.. !~1-.:!:9..:~1~. _H~_.!O _~~£F_~· J..oans shall be made only to natural persons who own the propt.rty on which the improvements will be 111ade. B. EligiJ?_~-Properties. Loans shall be made only for residential properties containing four dwelling units or less located in the City of Englewood. lil. Eligibility for Grants. t\. Eligible Grantees. Grants shall be made only to naturul--pcrsons-who own and reside in the property on 11hich lh~ improvements will be made. Grantees must meet the then current income eligibility limits for the IIUD Section 8 income limits for subsidized housing. 11. JH i Cf i bl ~ Properties. Grants shall be made only for rcsfden.fj aY-propcrt"ies located in priority neighbor- hood~. I i :-;ted in th~ i\grcemcnt. I 'I .. I J' J \\ l '" J.. L J \~:, • 1\. t;,.llt'A..tl l'l"lfJriti ! •. 'J'n be approved, an applicatjon mu !JL 1nccL ull other···ili.JPll.caule policies and represent three (3) priori.ty points, computed as follows (income is comput d by us i ng then-current HUD guidelines): (I) Ve~y low 1n~on~ (I) 1,<,w in<.:uh11..! (3) 'L·ioril:y ~teirJhbo..:-hood (4) ~1 gi~lc inv tor (S XI (~) nwnar occupied (G) l~hk:rly Point s 3 3 3 1 1 1 11. I'J"I<JJ 'Ity llo:iqhl.uJ·Ju)od.,: l~ollowing c:u·e the pl·iority Jl<•jqhiiiiJ lonnd u . -·· (.l.) 1\u~•J L: 'l'hc all:lr rc~idcnt 'al urciA Jn Northw st Engl wood !..11.-und d on th north by t lit! IW 1nl'l/Mln t j C 11 y, 01 th 0 Ut by -2 - • I • • (2) • • • Souu, 'l'e:ior. ~treet, on the south by W~st: Vassar Avenue, u.nd on the west by South Zunj. Street. Ar.:!a 2: B""ginning at the intersection of West Yale Avenu.::: with the Broadway/Acoma alley, ·thence west alon<j West Yale Avenue to the Delaware/t·:lctti alley, thence south along the Delaware/B l ati alley to West Sates Avenue, thence west along West Bates Avenue to the Elati/Fox alley, thence south along the Elati/Fox al l ey to West Cornell Avenue, thence west alon<J West Cornell Avenue to the Galapago/Huron alley, thence south along the Galapago/Huron alley to West Dartmouth Avenue, thence east along West nr.~rtmouth 7\venue to the Broadway/1\coma alley, thence north along the Broadway/Acoma alley to the point of beginning. (3) Area 3: Beginning at the intersection of East Yale Avenue with the Lincoln/Sherman alley, t hence west along East Yale Avenue to the Broadway/Lincoln alley, thence south along the Broadway/Lincoln alley to East Eastman Avenue, thence east along East Eastmen Avenue to the Sherman/Grant alley, thence north along the Sherman/Grant alley to East Cornell Avenue, thence east along East Cornell Avenue to the Grant/Logan alley, thence north along the Grant/ Logan alley to East Amherst Avenue , thence west along East Amherst Avenue to the Lincoln/ Sherman alley, thence north along the Lincoln/ Sherman alley to the point of beginning. (4) Area 4: An area bounded on the north by West Mdnsfield Avenue, on the east by the Droadway/ Acoma alley, on the south by Weat Oxford Avenue .a11<1 on Lhc west by the l::l<Jti/Pox alley. (5) Area 5: l:leginning at the intersection of l~ st Mnnsfield Avenue with the Sherman/Gr<lnt o.~lley, thence west along East Mansfi ld Avenue to the Urocldway/Ll.ncoln lley, thenc south along th nrnllrlway/J.incoln alley to Eaat Princeton Avenue, Llu~ucc f! ~L .dc:.ny l::usL Princeton Avenue Lo South Grant Street, thence north along South Grant ~tree L to East Oxford Avenue, thence west along l:;.1:.L Oxford Avunue to th~ Shorman/Grant ..tllcy, LIH:ncc norLh along tho ShertiiCln/Grant alloy to Lhe point of beginning. -J- • I • • - • • • • • • ( 6} Ar~a 6: An ar;:,a bo,.mded on 'i:.he north by 'iles t lin ion Avnue , on the east by the Droad\>Tay /Acoma aJJ.ey , on t h e south by West Layton Avenue a 11<1 on t h e west by South Huron Stree·t. C. Ch£?.?..,'?l.~:._g_i~~-£.~.io..:_i:_!:}'. Upon rec e ip·t of an d p p l icc...tion '""lJ.cp.hJ.c tor a loa n and/or grant pursuant to ,~.v .A., t he staff ::>h.:.l l nuU.fy the Authority, and the Authority sha l l eannark (but not appropriate) funds in ·the amount appli~d fo4 until the application is acted upon or wi c hdrawn. All such a~plications shall be acted upon in the same order in which they have been received. v. Priorities EEE. ~~~ of J.oan and/or ~ ~· W.iLhin ca.c h a);Jplic:a'-ion further priorities are hereby iden~ified to determine the amount of the loan usable for each purpose: first priority -funds required to bring property to City Code Standards; second priority -funds for energy conservation improvements; third priority - funds to cure incipient violations of the Code; fourth priority -general property improvements. '1 I. L Qilll J.imi Ls. 1\. M_9.~_1:EE :t. J.oan Limits. 'fhe following monetary limits '"ill appJ.y-:--<i:I ii,it_s_ will be reviewed annually by t he Authority} (1} $15,000 per dwelling unit. (2} $~0,000 per borrower. n . t •• ~_n~~.t:; !1 ~.~.!·~~! ~!~. ?'PP.E.".j.!i_a;t_. Notwithstanding the above, a loan Hc curcd ~Y a first deed of trust shall not exceed 90 ~ of the appraisal value of the property as d e termined by a qualified appraiser. If the loan .i.s sec ured b y a second deed of trust, the total of \:h e fi r s t loan a nd the property rehabilitation loc.tn ~~ilall 110t cxc~ec1 90'!. of the appraised value of the property as determin ~d by a qualified appraiser . VJl. Graut. Limii:b. Mo~;:ih llllll qrtll1l mnount shall. he $15 ,00 0 pe r Grante\!. f. I { '&l!; • fl. J.,o<.lu ~; will b<: s.:lc u re~i by a f.ir3 t or s e c ond dc1;d of trust; 110 t h ird lien s will b e approved. -4 - • I • • • • • • - 1<. t'::ope rty improvc<'l by a grant shal l be secured with a J.ien thereon . Sho uld said p roperty be sold, conv...:yed, t .T<H~:>ferl :ed oc delivered, repayment of the g·rant shal l h e made as f ollows: (lj ,..~t:ullle c: shall rcpd.y 100 ~~ of tbe grani: should tlw !:'roperty ue ,;old,. cunvl:!yed, transferred or dc:l:i.ve r!i:!d durin g the fi rst twelve-mon ·ths, inclusive, after signing o.f the Grant Agreement. (2 ) Grantee shall repay 80~ of the grant should the property be sold, conveyed, transferred or delivered during the following period of time: 13th through 24th month after signing of the Grant Agreement. Oi Grantee shall repay 60~ of the grant should the property be sold, conveyed, transferred or delivered during the following period of time: 25th through 36th month after signing of the Grant Agreement. (4) Grantee shall repay 40% of the grant should the property be sold, conveyed, transferred or delivered during ·the followi ng period to time: 37th through the 48th month after signing of the Grant Agreement • (!,) Gl.".:tlll<~<: >;hill] rctl uY 20~ o f the grant should the property ue sold, conveyed, transferred or delivered ducing the following period: 49th through 60th month after signing of the Grant Agreement. (6) Granlee sha ll not he :t:equired to repay the grant should I· he property be sold, conveyed, transferred or delivcrc:d rollowinq tht: ClOth month after signing of the Grant ll<jrcem<:n L. l~cpaymcmL shcJl l be made to the ProgralD account:.. A. llhiJJt to Pdy. All credit decisions shall be based oil Cy-C'ill i.h~ applica u L 's ability to repay the loan. llcLlon on loans shaJl not be based on, 01: influenced by, Lha rdr.e , creed, color, national original, marital status, sex vc age of the applicant. IJ . l~urmal Hale: J,oun:;. 'fhe norrnal interest rate shall b<: tl ae .. AuLho.iTtyTs-current borrowinq rate for funds for p ro perty reh bili tat ion purpose!;, plus a U se:z:vice ~nrl nrlm1n1strati v tee . -s- • I • - • • • :I • • • c -I.ct;o 'l'ho.n H<J::'lio<;l nd ~~~ J:.uur.. If tt.e aoplic<ll1 t. :i.s a ·"Tm . .; 3.ilC:orne''-or-"very iow --incol&le" P•:lr~on plu~su r1 nt to I:V .A., and the application mee'l:s all other policies u.r:.d, in th"' op:i.n:i.on o£ the Au·thority, the applic<.on\: c ould repay the loan tipplied for but r.ot thl.:! loan c.md i:he nono1al interest r the Authority may dppro\l·e ·the l .oan .ot'i: less than che normal interest ru.te. L ot,n t: covE: ring propE!r·i::i' where the owner is not <• r'";.;:i.den c uf .:h.: propert!' shall .be issued only upon satisfactory ahowinq that hia or h r:r application for a loan, which is ~ubs ·~:antially similcu· in terms of purpose and principal .;.mo11nL to the property rehabilitation loan applied f•Jr, bet::: been rejecLeu Ly l:.wo qualified financial institutions wJ1ich x·egularly make improvement or real estate loans. If the application is approved, the owner shall agree ·L·> .~nter into a contract with the Authority to keep I.'<:!nts wj thin the reach of low and moderate income familiel:> and/ol.- make the property eligible for Federal Section 8 Housing Assistance Payments. Loans for the purposes set forth in .... o., lo ubsentee owner!> of rental property shall bt! .U.mited to 30 percent of the total of the loan approved !.'or lhe pu.cpo!;cs set forlh in I.A., D., and C . Cu11~. Ll.'IIC: L:iOJI. -·-·-- wu.:k don-a wlUo the proceeds of the loan or combination 1 O c.lll <Jrotl yrant shall be accomplished by either the owner or a lio..:ensed contractor . Work done with 100% grant t'unds :;hu..U ln1 i..t ccomplished by a 1 iccnsed contractor. f<t;pc.~y ment terms shall not exceed 20 years. Loans shall '"~ rc:puyaul<: in !.!qual .installments of principal •. md inturc::.t duu on or be fore the fifth of each month. '•· 'l'llt' 1\lt...l•ori.l y l:lh .. lJ Lh!.!u <:>-.uuin and evaluate thw upplic:ution, "•'11'•11•'•" ~11th all r<:!ports and findings rcqu 'rod by paragrnph!i S ilncl '' III..!J'<..:uJ , uud diLIH::r upprove, rcjoct, or modify and pprovt:. such .. ppl i•:••Linll. 'l'h~ dccio~;J.on of the /\uthority sh ll bo final <lnd .. illrli>••t •tpon the applic.1nt. -G- • I • - • • • • • • c:.. 't'i.e r.nl:liori ty [;hall J7equi re any the f>r ncf:-.: borrowed Ull<~:.~:-: i:his progra1n. L:£Ju,;<, n.,ce:i.vi ng "' no-inLI:!rest 1 oan 1nay r.le1 :.i.c tt.-,. of rcJ,Jaymcnt: applicant to rcp0y all of Elderly applicrmts .. md select one of the t:ollowing I. ~'i1n.:> paymen t~ ltladf~ on a monthly, quarte,rly, or clltllU<.tl. ll -.~~ls. 1..!.. l''ull repayment shall become clue upon ·i:he sale .:.nd/or conveyance of p.:-operi:y or upon removal of the appli- unnL from the real property. lLL 'l'he entll:e cdOOUnt o f the rehabilitation loan slwll f<lll due and payable c.ts a claim against the estate o f the appl icant and shall become a lien o n the real prop~rt y of th<:! s<.t id appl..i.ccm t upon his or her demj se. lV. 'l'he Authority shall apply administrative guidelines to .insure that the loan is protected by a lien on the real property, depending upon the way in which the property is titled. 7. All funds re paid by applicants shall be used only for s:i.milu~ loans or grants of housing rehabilitation assistance to c~pvlicc~nts approved by the Authority. U. 'l't•e Authority shall appl'ove all loans and/or grants under l.l.lc; IJJ.<)CJ .C<thl by appropriate action when sati~;;factory ~vid<:!lt<.:e of lhe f ollowing has been subJr.it ted to the Authority: 1. fl[lplic.wL l•as goou tillc to th<:! residence . .l.L. l.Odll apt.JLi<.:dnU; shall hav<:! suff.i.citmt t!quity thun.:.i.u to iustify said loan. l!l. flp~l.icdnl has eutered into d wri·tten contract on forms to bt:: approved by the Authority with a por:.on or entity qualified to perform and complete repairs r~':luircd to rehabilitate the residence. I V. 'l'hat said residence, after rehabilitation and repuil·s, will be Jnd.i.ntained in a satisfactory manner. ''· "J:r.;...,pl. lu&: Uhll.!r<J..:lh~Y loans and/or grants, LIJdL tlau .:~pplic-<>nt ~~Ot!S not have an outstanding housing n~hubiliLatio n loan and/ol.· grant under the J,Jro g.cahl IH·•·oby ct:l.ab lished. VJ. r.o?.n ·•tJPJ j ~:antu should prove an ability Lo .:-.::puy t he loan. '•. "1 I pl!l'Hou : •• md unt.i.t.1.u:; ~m tc rin~f inlo contr.tclu wi Lla •'I 111 ...... ,L:.; for H!(ld i r:.; e:tnd rehabilitation of any substandard rv:, i d .·ln .. l! ~hall lP ell\ c;,qual opporLunity oauployer and shall comply v/rllo -oi l ·•l•tllil'.o f tl, l·'•·<l t:rn), City lind Stnto codea, SLLILUL••s i.lllU ,,,·cJlthtJ tC:\ .. '!1 . -7- • I • - • • • • 10. The Authority shall generally supervise al l repair and r ehabili tation con!::ltruction and shall author ize payment f or same when substantially performed in accordance with the construction contract entered into by applicant and approved by Authority. 1 1. The Authority may ~stablish those accounts and al l ocate t hose funds necessary to fulfill the provisions o f this a greement . 12 . The Authori t y shall prepare adn1inistrative procedur e~ t o i mplen~ent the intent o f this contract. 13. The Authority shall aublllit an annual repol.·t to the City Council regarding the performance of the program. 14. Thia Agreement shall be binding upon the parties hereto and their successors. 15. 'l'his Agreen~ent supersedes and replaces all other agree- ments between the parties relating to the program. IN WITNESS WHEREOF, this Agreement has been executed at Englewood, Colorado, this day of , 1981. Attest: Gary n. Higbee, Director of Finance, ex officio City Clerk-Treasurer Approved as to Form: ru c k DeWl.tt, Cl.ty Attorney Attest : Fran ces Buck Jonas Exec u tiv e Director -8- CITY OF ENGLEWOOD, COLORADO a Municipal Corporation ENGLEWOOD HOUSING AUTHORITY • I • • • • • • 7:b BY AUTHORITY ORDINANCE NO. /0 SERIES OF l98r----COUNCIL BILL NO. 9 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE AMENDING AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND THE ENGLEWOOD HOUSING AUTHORITY FOR ADMINISTRATION OF THE HOME REHABILITATION PROGRAM. WHEREAS, after audit of the City of Englewood's Community Development Block Grant Program, it was determined by HUD that the City of Englewood does not have sufficient authority for a lump sum drawdown; and WHEREAS, HUD, the City, the Englewood Housing Authority, and Continental National Bank -First Interstate Bank of Englewood have come to a common understanding concerning "lump sum drawdowns"; and WHEREAS, by Ordinance No. 33, Series of 1981, an agreement currently exists concerning this general matter and it is the desire of the parties to amend said agreement. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. That the City of Englewood agrees to amend an agree- ment w~th the Housing Authority titled "An Agreement Between The City of Englewood And The Englewood Housing Authority Regarding The Policies Governing The Housing Rehabilitatio~ Loan And Grant Program Of The Englewood Housing Authority" conzisting of eight (8) typewritten pages, attached hereto and incorporated herein by reference. Said agreement is amended as follows: Page 1. 1. The Authority, through its personnel, or the personnel of the City, with the approval of the City Manager, shall be responsible for the execution of the Housing Rehabilitation Loan and Grant Program, herein called "the Program", in accordance with Community Development Block Grant (CDBG) regulations. The Englewood Housing Authority (EHA) shall turn over any unused CDBG funds to th City at the end of the agreement or if HUD demands th money in accordance with CFR 24, 570.910(b). (Attachment A) • I • • • • • • Section 2. That all ordinances and resolutions in conflict with the foregoin-g are hereby repealed and expressly repealed are all prior Rehabilitation Loan /Grant Program Agreements. Section 3. The City Manager is authorized to execute those documents necessary to carry out this ordinance. Section 4. The City Council of the City of Englewood, Colorado, hereby authorizes the Mayor of the City of Englewood, Colorado, to subscribe his name to said Agreement for and in behalf of the City Council and the City of Englewood, Colorado, and that the Director of Finance, ex officio City Clerk-Treasurer, attest the same. Section 5. An emergency is hereby declared requiring immediate passage of this ordinance by reason of need to repair substandard housing by issuing loans and grants to citizens of the City of Englewood in target areas meeting the requirements of the program. Introduced, read in full, and passed on first reading on the 1st day of February, 1982. Published as a Bill for an Ordinance on the 3rd day of February, 1982. Read by title and passed on final reading on the 16th day of February, 1982. Published by title as Ordinance No. /(7 , Series of 1982, on the 17th day of February, 1982. Attest: Eugene L. Otis, Mayor ex officio C~ty clerk-Treasurer I, Gary R. Higbee, x officio City Clerk-Treasurer of th City of Englewood, Colorado, hereby c rtify that th abov and foregoing is a tru , accurate and compl te copy of th Ordinanc passed on final re ding nd published by titl • Ordinance No._LLZ_, S ri s of 1982. G ry R. Higbe -2- • I • • • • • - AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND THE ENGLEWOOD HOUSING AUTHORITY REGARDING THE POLICIES GOVERNING THE HOUSING REHABILITATION LOAN AND GRANT PROGRAM OF THE ENGLEWOOD HOUSING AUTHORITY. The City and the Authority agree as follows: 1. The Authority, through its personnel, or the personnel of the City, with the approval of the City Manager, shall be responsible for the execution of the Housing Rehabilitation Loan and Grant Program, herein called the Program, in accordance with Community Development Block Grant (CDBG) regulations. The Englewood Housing Authority (EHA) shall turn over any unused CDBG funds to the City at the end of the agreement or if HUD demands the money in accordance with CFR 24, 570.910(b). (Attachment A) 2. Application for assistance shall be first submitted to and approved by the Authority under procedures adopted by the Authority. 3. Upon receipt of an application, the Authority shall cause an inspection to be made of the applicant's residence and, if deemed necessary, shall: 11/13/81 a. Cause a detailed list and explanation to be made of all actions and work required to eliminate or repair the conditions of the residence which make it sub- standard. b. Cause an estimate of the cos t of such repairs to be made. c. Obtain sufficient documentation that the applicant had good title to said residence. d. Hake an esti.ate of th value of the applicant's equity in said residence. e. Prepar and verify a social and economic profile of the applicant which shall includ : family co•position, family inco.e, plac of aployment, if any, of all family 8embe rs , approxt.ate dat of purchase of resid nee, and existing indebtedness secured by said residenc f. Prepar a preliainary to repay any funds .. d progr a. nalyaia of applicant's ability available to applicant under th • I • • - / • • • • • J.r>ans and ']rani:~ a:re m<..d e availab le f o r t he p u rpose of p ~ n na n e n t .i mprovement s , additions, or o t her housin g 1:eha b il.i tat i.o n r.tnd may only be used for: 11. C!epcd r::; and i mp r oveulents to maet City Code SLuncla.cds. G. £n e r yy c o n s e rvat i on improveme n t s. c. El iminati o n of incipient violations of the City Code. D. Gen eral p.coperty improvements. :0. ~li5J..:ib~li_!:y_ !.~E. r.oans. 1\ • ~..:Li.9_:0'!}-~ ~.?E!_9~r_l?_. I.o an s shall be made vnly t o natural persons who own the propt::rty on which the improvements will be ruade. B. lUigib_~-Properties. Loans shall be made only for residential properties containing four dwelling units or less located in the City of Englewood. ~i~. Eligibility f o r Grant s . 1\. Eligi b le Grantees. Grants shall be made only to na-turul--pcr sons-who own and reside in the property o n \lhich t h e improvements will be made. Grantees mus t me et t he then current income eligibility limits for t he IIUD Section 8 income limits for subsidized housing. ll. !~_l _i _~( i ~~L~ ~-t:~~rti_~'>.. Grant s shall be made only f or rcsjdentjal prope r ties located i n priority n e ighbor- hood ~; li:;tcd i n the n grcement. IV. l•,·ioc .tt:j e:~. A . r:,·n··~.o l l'•·,u,·it.icH . 'J'n bo approved, an app lication mu~;L wceL · <tll ot :her"'ili:Jpll.cc.~u lc policio~o> a nd r cpruscnt: three (3) priority p o ints, c omp u ted as follows (income is computed by us~ng then-current HUD g uidel i ne s): ( J ) Ve -..:y lo\ot l.11c.:or..e (~) ,,,)w in<:v111 · (3) l'J.·Jorit:y Ju!i«)hbo~hood (4) ~ligiule invc~tor (See X) (~) Owner occupied (6) J~J <.J~rly Point s 3 3 3 1 1 1 11. l'l'lority ~J.dqh l aH:Ili)O<l ~: l1 ollowing cu.· the (>l·iu.rity llf!J <JI lllll 'ltOO<l !:l ·. .... • .... (l) AL ~d L: Tho ntir rcbid•nti~l area in Northw t Englewood uvu.nd d on th north uy t lw l'vl.l n:l/MlrinUc: 11 y, on th cast by -2- • I • • • • (2} • • • Sout.:, 'l'e:ior. ~treet, on the south by Wes t Vassar Avenue , and on the west by South Zuni Street. Ari.:!a 2: l:i"'ginning at the intersection o f West Yale AvenuC:! with the Bl·oadway/Acoma alley, ·thence west alon<J West Yale Avenue to the Oelaware/t:lati alley, thence south along the Delaware/Elati alley to West Bates Avenue, thence west along West Bates Avenue to the E lati/Pox alley, thence south along the Elati /Fo:x alley to West Cornell Avenue, thence west <t lOn CJ West Cornell Avenue to the Galapago/Huron alley, thence south along the Galapago/Huron alley to West Dartmouth Avenue, thence east along West nr.~.ctmouth Avenue to the Broadway /Acoma alley, thence north along the .Broadway/Acoma alley to the point of beginning. {3) Area 3: Beginning at the intersection of East Yale Avenue with the Lincoln/Sherman alley, thence west along East Yale Avenue to the Broadway/Lincoln alley, thence south along the Broadway/Lincoln alley to East Eastman Avenue, thence east along East Eastmen Avenue to the Sherman/Grant alley, thence north along the She rruan/Grant alley to East Cornell Avenue, t hence east along East Cornell Avenue to the Grant/Logan alley, thence north along the Grant/ Logan alley to East Amherst Avenue , thence west along East Amherst Avenue to the Lincoln/ Sherman alley, thence north along the Lincoln/ Sherman alley to the point of beginning. {4} Ar~a 4: An area bounded on the north by West Mansfield Avenue, on the east by the Uroadway/ Acoma alley, on the south by West Oxford Avenue .a1ad on Lhc west by the IUilti/F'ox <.&lley. (5} Area 5: .Beginning at the intersection of gast Mansfield Avenue with the Sherman/Grant <.~lley, thence west along East Mansfield Avenue to the Uroadway/Lincoln alley, thence south along the nr liH'I way/T.incol n alley to East Princeton Avonua, Ll u :u<.:c c: ~:.L .alony I::ust Princeton Avonuu t:o South Grant Street, thence north along South Grant S treeL to East Oxford Avenue, thence wos t along L::.l:.t Oxford Avunuc to thl:l Shorman/Grant c..~llcy, Lhunce north along the Sherman/Grant <.~ll.ey to lhe point of beginning. ·-J- • I • - • • • • • • .... --~-----·-· ·-. ( 6 ) An~ a 6: An .:.u:;;;a bounded on i:.he north b::t• \'Jest lin ion Avnue, on the east by the Droad\-ray /Acoma alley, on the south by West Layton Avenue and on the west by South Huron Street. C . ~~hJ;:<;>_r,t'?}:..o_9_i~~..!.:.X:.~:££.:~Y .· Upon receipt of an d p plic<.t ion ~..:ll.CJl.OJ.c tor a loun and/or grant pursuant to o~.V.A., t he staf f sh.:.ll noU.fy the Autho.city, and the Authority shall earmark (but not appropriate) funds in the amount appli~d fo~ until the application is acted upon or withdrawn. All such applications shall be acted upon in the same order in which they have been received. v. Priorities EOr us~ of~ and/or ~ ~· W.iLh.in cad1 a~plica•_ion further priorities are hereby identified to determine the amount of the loan usable for each purpose: first priority -funds required to bring property to City Code Standards; second priority -funds for energy conservation improvements; third priority - funds to cure incipient violations of the Code; fourth priority -general property improvements. vI . L0an r • .i..mi ts. Vi I . 'I j f I • 1\. M_<?..~-~E Y. 1":5>il.!!. ~!..!!~_t:-.:~.. 'fhe following monetary lim.i ts '"il 1 uppJ.y: (Limits will be reviewed annually by Lhe Authority) (1) $15,000 per dwelling unit. (2) $40,000 per borrower. n. .l •. ~.n~! .. l:s ll •.• .. :;e~! ~~-?\PP..!".".j.!l_a _l_. Notwithstanding the above, a loan se cured ~y a first deed of tru~t sh~ll not exceed 90~ of the apprai•al value of the property as determined by a qualified appraiser. If the loan .i.s sec ured by a second deed of trust, the total of l:hC.! fi rst loan and the property rehabilitation loi.ln ~~llnll nol: e xc~ecl !lOt of the appraised value of the property a s deter m in~d by a qualified appraiser. Graut. Limi t b. r-\o~}:i ~omm qr , n t a111o u nt s h .l.l. be $15,000 per Gran tuu . 1\. J.<)uu r; w i l.l be: suc u rod by a f .i rs t o~ second deed of tru st; 110 third lions wi ll be approved. -4- • I • .. • • • • • • 1<. I' ,:ope .rty improv'-'!<'1 by a grant shall be secured with a lien thereon . ~ho uld said property be sold, conv.:!yed, 1 .. >·<w,;fe r.ced o:c <lelivered,. re payment of the g-rant shall he m.1de as .E ol.lows: ( l j t=:rautel: Shull rcpc1y 1007; of the gran ·t should t h e ~roperty Le ~old, c0nveyed, transferred o r delivered dur in g the first twelve-months, inclusive, after signing of the Grant Agreement. (::!) Grantee sh.:1ll repay 80!\i of ·the grunt should the property be sold, conveyed, transferred or delivered during the followin~ period of time: 13th through 24th month after signing of the Grant Agreement. (.lj Grantee shall repay 60~ of the grant should the property be sold, conveyed, transferred or delivered during the following period of time: 25th through 36th month after signing of the Grant Agreement. (4) Grantee shall repay 40\ of the grant should the property be sold, conveyed, transferred or delivered during ··tlle following period to time: 37th through the 48th month after signing of the Grant Agreement • (',) l:J.:alltt~(' ,;11;111 repuy 20~ of the grant should the property Le sold, conveyed, transferred or delive red du.cing the f ollowing period: 49th through 60th month after signing of the Grant Agreement. (6) Grantee shall not he 1:eguired to repay the grant should the property be sold, conveyed, transferred or delivered followinq the 60th n~nth after signing of the Grant 1\grc ·•nw1L. Hepaym<'mL shu.ll be made to the Progrcun account. 1'\ ll~>i_l_j \ y .tt.: .I?<Iy. All c ·edi ~ ~ocisions sh 11 be uased ln(y on Lh~ applicauL' bl.ll.ty to repay the loan. 1'\t.:Llon on loans sh Jl not b b sed on, or in.fluenc.:ud by, t.he Tdr:e, creed, color, national oriyinal, maritul status, sex vc age of th pplicant. H. t~ormu l na l:c.: Loun::;. 'fh t~l\u ·horTtYTs-cu.crent property rehabilitation 11nc'l nc'lmi nist:rative t e . -s- uor 1 lntor st. r tl! shall bt: borrowing r t for funds .for purpo es, plus a 1\ service • I • - • • • • • C-I .e c o Than H<;:.:·l i•<~J. rt« ·c c: I.onr.. X.f tl:,c= anp li c:<tn t :i.:-; a · .. yow· l.ilC om<:i;;-or-"very l.ow-·incollle" p •:l r~on plu:su•~nt to p.; .P. •• , and the application meets all other pol i c i es ... t ,d, in th~ op:i.n:i.on o f the Au·thority, tile applican-t c ould r epay the loan applied for but not t.h ~ l o a n ,md i:.he no r:hlal interest, the Authority may appro'll·e the l.oan .,.\: less than ·c.:he normal interest r ate . ·r,. ~~ fo r lle:1t al I'rope:ct.y. )',o c.:lH: cov~rinq propert.}' where the owner is no t <t r w:;i<.Jenc of .:h\:l propert~/ s hall be iss ued only upon satisfactory showing that hia o r h~1.· appli catio n for a loan, which is ::.ubs ·~:antially siailcu.· in terms o f purpose and p rinc i p a l c::..r~~o lu 'aL to the property rehabilitation loan applied f0r , ha :::: been r e jecLell by l:.wo qualified fin&ncial institutions wll i cl a r egularly Ul4ke improvement or real estate loa ns. If t he appl ication is approved, the owner shall agree 'L<> ,m tcr in t o a contract with the Authority to k ee p r ..:nts within the reach of low and moderate income fami l ies and/ol· 1~ke t he property el i gible for Federal Section 8 Ho u sing As s i s t ance P ayments. Loans for the purposes s e t fortl1 i n ~.D., to abs entee o wne rs o f rental property shall b~ l i mited to 30 p e r c e nt of the total of the l o a n approved l.'o t· the pu.q>o!;e s set fort h i n I.A ., D., a nd C • C u •• ~.Ll·n ;t;i o n. ,.,t.J .:k d o n.:! w.i.U , the proceed s o f the .L oan or combinatiOl • 1 o .. n c.~nt l ~:~rant s hall be accomp l ish e d by either the owner or 1:1 li<.:e nsed contracto r. Work done with lOO t g r a n t funds :;h all IJl! <~ccompll s hed by a 1 icen sed c on tractor. ft<:p<~y m e nt tenns shall not exceed 20 years. Lo ns shall IJI~ n:p a y a u l.n i n t..:qua l .installments of principal and i nt ur e~t du ~ on o r b efore the fifth of each month. •• .,., .. /IHi.Jal)t"it y sh.Jll thun t:X<Ludn and e valuate t h u a ppli<:c.lt l.on , .. ,.,, .. "' ··-~~~ l h al 1 .:ports d n d fi nding a requi red by paraqraph ~,; 5 and ,, hu• uu1 , c.~ud iLlu:!r appr o v , rcj oct, or modify and approve;: s uch .. pp1J<:illion. 'L'h\: dcc '~;i on o f. t h e Authority s hall b final dnd •lllrli lii J '!POll t h e applicant. -G- • I • • - • • • • • r·,. '.l'i .e r.nt.hor ity ~;hall require any applican·t to :ccpa_y all of Lhc~ f11 ncl:-.: h<Ycrowed lll"'~~:t" i:hi~ prog1.·a1n. Elderly applicr~nts und Lhu ~;u J."l!Ct::iving a no-inte rest. loan may select one of the following ~oll:!1.il<.~d~> of re payment: I. 'i'i1nl' !)ay11 u::nt.:o. 1t1aC.~! on a monthly, quart:;;,rly, or dllllUu 1 ll...t~ls • .!..!.. r'ull repayment. shall become clue upon \:he :;ale and/o r conveyance of p;:-operty or upon removal or the appli- v,1nL from the real property. l:t::L. 'l'he entil.·e c.100unt of the .rehabilitation lodn shall f<.oll due and payable 01s a claim against tht:: estate of the applicant and shall become a lien on the real prop~rt y of the :;aid applicaut upon his or her demi se . l V. 'l'he Authority shall apply administrative gu1.delines to i nsure that the loan is protected by a lien on the rea l property, depending upon the way in which the property is titled. 7. All f unds re paid by applicants shall be used only for ~imila~ loans or grants of housing rehabilitation assistance to applicants approved by the Authority. u. 'l't•e J\\ltho.city shall approve all loans and/or grants under l.loic: '" <)CJ.C<~Iil by appropriate action when sati~:>factory e::videuce of Lh e f ollow1.ng has been sub1r.itted to the Authority: 1 • J\pp J l~'"' L lias gow tj Llc to the residence. l.L. J..o.·ut <.if.>t,J..i t.:dnl:s shall hav~ sufficient equity tlll.!rc.iu to iusU f y said loan. ILl . 1\pl-'licdnL lias entered into a written contract: on focrns Lo bt: ap11rovccl by the Authority with a por::;on or entity qualified to perform and COlllPle te repairs r~yui ccd to rehabilit.ate the residence. IV . 'l'hat se1id residence, a iter rehabilitation and re::p<.~irs , will b e lndlntained in a satisfactory manner. 1 . t·:J:<..:cpL icJJ: Chlc.r<Jclh.y loans and/or grants, Lltdl tla.: o:~pplicant cioes not have an outstanding housin g l."t:habiliLcttion loan and/Ol." qrant under the prog.c ''' hu, c. by ct: l.ab l ishcrl. VJ. r.oao ,qJpJ J canta should prove an ability Lo .:.;;puy t he l.Odll. ''· '' 11 p<!l."HO••:. .Jud c..:ntlLJ..c:; ~lll c.ri n ~1 into contr.1clu wi Ll• .. 1.,,1 i.·,;,L:; for .1. pc1iru and rehabilit tion of any subat ndo.rd n ~:. 1 (!,.,,(..L! :;hii .ll b n e qual opporLunity tllllployer and shall c01nply ., , 1 lo , 1 1 , •I'll 1 i c·.oh l. I·'• ·<l . rnl , <: i l'y 1111d Stnto code.: a, s ltt Lut•'s lJlld •11 ~ l1 n,thC~,;tl -7- • I • • - • • • • 10. The Authority shall gener&lly supervise all repair and rehabi l itation construction and shall authori:.:e payment fo.r same when substantially performed in accordance with the construction contract entered into by applicant and approved by Authority. 1 1. The Authority may ti&tablish those accow1ts and allocate t hose funds necessary to fulfill the provisions of this agreement. 12. The Authority shall prepare administrative p1.·ocedure~ to i mplement the intent of this contract. 13. The Authority shall submit an annual report to the City Council regarding the performance of the program. 14. This Agreement shall be binding upon the parties hereto and their successors. 15. This Agreement supersedes and replaces all other agree- me nt s between the parties relating to the program. IN WITNESS WHEREOF, this Agreement has been executed at Englewood, Colorado, this day of , 1981. Attest: Gary n. H~gbee, Director of Finance, ex officio City Clerk-Treasurer Approved as to Form: iuck oeW1.tt, C1.ty Attorney Attest: Frances Buck Jonas Executi ve Director -a- CITY OF ENGLEWOOD, COLORADO a Municipal Corporation By-....,..-::-=:-::--; Eugene ~1s, Mayor ENGU::WOOD HOUSING AU'.L'IIORITY By ------~-·---T omas J. Burn , Ch«l.rman • I • • - ORDINANCE NO. /1 SERIES OF 198 ~ • • • BY AUTHORITY 7{ COUNCIL BILL NO . 1 0 INTRODUCED BY CO UNCIL MEMBER BRADSHAW AN ORDINANCE APPROVING AN AGREEMENT C P~ATING A MULTI-JURISDICTIONAL FIRE ARMS SCHOOL. WHEREAS, it i s necessary for the Ci ty of En g lewood to train i ts police officers in firearms use; and WHEREAS, current facilities require extensive travel and considerable expenditure of overtime pay; and WHEREAS, other jurisdictions have a similar need and are desirous of joining with the City of Englewood in creation of a multi-jurisdictional firearms school. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: S ec t i on 1. An ag r e ement between and among the Boar d o f County Commissioners, Arapahoe County, Colorado, the Town o f Bow f-1ar, Co l o rado, the Ci ty of Cherry Hills Village, Colorado , the Town o f Columbine Valley , Colorado, the office of the District Attorney of the Eighteenth Judicial District, State of Colorado, the City o f Englewood, the City of Littleton, and the City of Greenwood Vi l lage, Colorado, is hereby approved and adopted by the City o f Eng lewood as i f set forth i n f ull herein. Sectio n 2 . That sai d a g reement sets forth the acqu i sition of f a cil ities, the construct i on o f improvements, establishes operatio nal r e q u irements, and c reates a Board to ensure the overall o per ation of the facili t y i n acco r d a nce wi th the a g reement betwe e n t h e part ies. Section 3. That the City Council of the Ci t y of Englewood author~z e s t h e Mayor of the City of Englewood a nd ex officio City Clerk-Treasurer to sign for and in behalf of the City and attest the same on behalf of the City of Englewood. Introduc d, read in full, and pass d on first re ding on th 1st day of February, 1982. Publish ed as a Bill for n Ordinanc on t h 3rd day of February, 1 98 2. • I • • • • • • Read by title and passed on final reading on the 16th day of February, 1982. Published by title as Ordinance No. ___ , Series of 1982, on the 17th day of February, 1982. Attest: Eugene L. Otis, Mayor ex officio C1ty Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and complete copy of the Ordinance passed on final reading and published by title as Ordinance No. ____ , Series of 1982. Gary R. Higbee -2- • I • • -• • • A G R E E M E N T THIS AGRE EMENT between and among the Board of County Commissioners of Arapahoe County, Colorado; the Town of Bow Mar, Colorado; the City of Cherrv Hills Villaqe, Colorado; the Town of Columbine Valley, Colorado; The Office of the District Attorney of the Eighteenth Judicial District, State of Colorado; the City of Englewood, Colorado; the Citv of Littleton, Colorado; and the City of Greenwood Villaqe, Colorado, for the benefit of and includinq all of their respective law enforcement comoonents (hereinafter the "parties"), WITNESSETH: WHEREAS, the parties hereto have aqreed to establish and construct a multi-jurisdictional firearms ~f and WHEREAS, the parties hereto have aqreed to so construct and operate the same on the terms and orovisions hereinafter set forth; and WHEREAS, it is the intention of the parties that none shall be the customer of the others, but rather this facil i ty shall be constructed and ooerated with construction costs, costs of addition, and costs of ooerational maintenance beinq divided amono them in a fair and equitable mann r as set forth hereinafter with Qreater specificity; and WHEREAS, this Aqreement is made to further th purposes of the nublfc health, safety and welfare of the cftfzens of Arapahoe Coun ty, Coiorado, by provfdfnq trafninq wfth local law nforc ment • I • • • • • Agreement Page 2 officers under the stress conditions of "shoot/don't shoot" situations which must be faced on the community street. NOW, THEREFORE, it is mutually covenanted and agreed by, between and among the parties hereto as follows: I. FACILITIES A. The joint facilities shall be known as the "Multi-Jurisdictional Firearms School" Said property shall be under the control of the governing board for the project which shall be comprised of the top ranking law enforcement official, or his designee, of each of the parties. The use of the firearms range shall not be changed without the consent of all parties to this Agreement. Should the facil i ties cease to function as a firearms training center for peace officers, the governing board shall thereafter be free to dispose of the personalty as they shall see fit. • I . - • Agreement Paae 3 II. CONSTRUCTION OF IMPROVEMENTS • • • A. The rarties hereto shall mutually designate an architect to desiqn a firearms training facility utilizing the assistance of the recommendations of the governinq board. Said facility to be constructed upon the above-described property with a budget for its design and construction of $117,057. B. The pro-rata participation of each of the parties in the overall cost of the rroject shall be calculated on a per commissioned officer basis as follows: Total cost less Federal funds divided by the total number of officers shall equal the cost per officer. C. After the preparation of the final plans and speci- fications for said facility, and after approval of the governing board, the architect shall submit said plans and specifications to bid under procedures required for public projects. D. The award of the bid to the general contractor shall be after the approval of a majority of all parties to this- Agreement: E. After the award of the bid to the general contractor, as provided in Paragraph 0 above, it is agreed that any excess of cos t s for the des i g n and cons t r u c t i on of s a i d fa c i"l it i e s s h a 1l be pafd for on the pro-rata basfs as defined in Paragraph B above. F. All the parties, upon the execution of this Agreement, shall deposit their pro-rata share in a special account to be .ll~Ni16~ known as the "Multi-jurisdictional Firearms~ Account• at the Office of the Budget Director for Arapaho County. Said • I • - • Ag reement Paoe 4 • • • account to be ~ intained separate and dist i nc t from all other funds and accounts maintained by said County. Disbursements from said account shall be made in accordance with this Aqree ment by the siqnature of the budpet director of t he County of Arapaho e . G. If no contract is awarded pursuant to Para g raph D a bove within t we lve (12) month s fro m t he d at e o f th is Ap r eeme nt, then the funds remaining in the account established under Paragraph II. F above will be returned on a pro-rata basis to all the contributing agencies, after all proper expense s arising from this Agreement have been pa i d, and th is Agreement shall then be terminated and of no further force or effect. H. No other construction other than is set forth above shall be allowed on the above-des c ribed pro perty without t he authorization of all the participatin g agencies. I I I . OPERATION OF FACILITY A. A permanent committee to be known as the governing board of the Multi -Jurisdict i onal Firearms r.;r.~;'sal;li-, (hereinafter "board "), shall be e s tab lis hed . The board for t hi s pro j ect shall be comprised of the to p r ank i ng l aw enforce ment off i cial, or h is de sig nee , o f each of the participati ng a~e n cies. B. At i t s a nn ual meeting, the board shall elect from its me mber ship a n executi v e committee to be co mprised of a Chairm a n, Vice -Chairman and Secretary . The Cha i rman shall officiate at all me etings of the board and sh 11 act on behalf of th e bo a rd when authorized to do so. In the absence of the Chai r man , the Vice-Chairma n shall act in his or h r st ad. • I • • - • Agreement Page 5 • • • C. The Durpose of the board shall be to provide administrative direction for all operations of the joint training facility and attendant matters, both during the course of construction and after the facility is in operation. D. Decisions of the board shall be made by a majority vote. In the event that a majority vote cannot be arrived at on any matters within the scope of their authority, then, and in that event, an additional member of the board shall be appointed for the purpose of reaching a determination of that issue. The additional member shall be an individual whose identity is agreed upon by the board, or in the absence of such agreement, the additional member shall be appointed by the presiding judge of the 18th Judicial District of the State of Colorado, and the additional member so appointed shall be one who is experienced in the field of police protection and firearms training techniques. E. The board may adopt such rules of procedure that they deem advisable. F. The board shall establish all necessary rules and regulations concerning the operation and use of said training fac11 f ty. G. The board shall establish a rent 1 schedule for use of the training facility by outside parties. • I • • Aareement Page 6 • • • H. The board, on or before August 1st of each year, shall prepare a budqet for the operation and maintenance of the training facility for the following year, which shall include provisions for insurance as necessary for the benefit of the parties in the operation of the facility. The board shall Prepare and submit a budget to all the particiPating aqencies for approval on or before Auqust 15th of each year. Upon approval of said budget by all the narticipating agencies, an amount totallinq the full amount of said budqet shall be deposited in the account established under Paragraph II. F above on the pro-rata basis established under Paragraph II. B above, on or before January 15th of the followinq year. Payments from said account shall be made by the signature of the Arapahoe County budget director and all payments shall be in accordance with the approved budget. I. Any supplemental appropriations to the apProved budget, or any amount required for the first year of operation of the training facility, shall be jointly aporoved and paid in accordance with Paragraph H above. J. Normal operation and maintenance costs shall include those utility costs incidental to the ooeration of said facility, together with insurance as necessary to adequately cover said fac111t K. An annual meeting of the Board shall be held on the third Thursday of January each year at a time and place designated by the Chairman of the Board, nrovid d that 14 days notice shall • I • • Agreement Paae 7 • • • be provided to each member of the time and place so designated. The annual meeting shall be for the purpose of electing the executive committee as required herein and for such other business as necessary. IV. USE OF FACILITIES A. The use of the trai n ing facility shall be li mited to the participating agencies, a nd shall, at the pleasure of the board, be available for other r e c ognized bonafide police depart- ments, law enforcement agencies, rescue and other emergency units. Rental of said facilities to other agencies shall be at a rate determined by the board and provided for in Paragraph III. G above. Those rentals received for use of said facilities shall be deposited in the account established under Paragraph II. F above and credited to the parties to this Agreement on a pro-rata basis. B. Should the training facility be damaged or destroyed by use by any parties to this Agreement or other. renting agency and as a result of said use, shall be the responsibility of that agency to pay for any and all damages done to these facilities should said damage not be covered by any insurance. C. No party to this Agreement shall assign any rights hereunder without the consent of all the other parties. All of the terms and provisions hereof shall be binding upon an inure to the benefit of the parties hereto, for successors and ssigns. • I • • • Agreement Page 8 V. TERMINATION • • • This Agreement may only be terminated or amended upon the joi nt approval of all the parties. Notwithstanding any provision of this Agreement to the contrary, no party may withdraw from this Agreement except on 180 days written notice to each of the other parties. Upon withdrawal, any and all interest of the withdrawing party in the facilities, equioment, or other assets of the committee or the range shall be deemed forfeited. VI. EXECUTION It is agreed that this Agreement may be executed separately by each of the parties hereto by each such party signing a duplicate original counterpart of this Agreement, it being the intention of the parties to avoid the necessity of contemporaneous execution of a single original Agreement by all parties. EXECUTED this ______ day of ----------------• 1981. ATTEST: County ~lerk APPROVED AS TO FORM: County Attorney COUNTY OF ARAPAHOE By: "~.-h~a,f~r,_,.m,_,.a-n~,-.Ar-r~a,..p~a:-;h-o~e::---,~""o_u_n~ty~ Commissioners District Attorney. 18th Judicial Dfstrfct • I • • - • Agreement Page 9 ATTEST: City Clerk APPROVED AS TO FORM: City Attorney ATTEST: City Clerk APPROVED AS TO FORM: Ci ty Attorney • • • Sheriff, Ararahoe County Director, Araoahoc County Soecial Crime Attack Tea~ CITY OF CHERRY HILLS VILLAGE By:~-------------------~1ayor CITY OF ENGLEWOOD By: r.M_a_y_o_r ________________ ___ • I . • Agreement Page 10 ATTEST: City Clerk APPROVED AS TO FORM: City Attorney ATTEST: City Cleric APPROVED AS TO FORM: ei ty Attorney • • • CITY OF GREENWOOD VILLAGE By:-uMa_y_o_r ____________________ _ CITY OF LITTLETON By : -M~a~y~o~r~----------------- 0 I . - - • Agreement Page n . ATTEST: Town Clerk APPROVED AS TO FORM: To1~n Attorney ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney • • • TOI~N OF BOW '·1 AR lly : ~~1-ay_o_r ____________ __ TOWN OF COLUMBINE VALLEY By: u~1-ay_o_r ______________ _ I . . • - • ORDINANCE NO. II SERIES OF 198~ • • • BY AUTHORITY 7{ COUNCIL BILL NO. 10 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE APPROVING AN AGREElffiNT CREATI NG A MULTI-JURISDICTIONAL FIRE ARMS SCHOOL. WHEREAS, it is necessary for the Ci ty of Englewood to train its police officers in firearms use ; and WHEREAS, current facilities require extensive travel and considerable expenditure of overtime pay; and WHEREAS, other jurisdictions have a similar need and are desirous of joining with the City of Englewood in creation of a multi-jurisdictional firearms school. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. An agreement between and among the Board of County Commissioners, Arapahoe County, Colorado, the Town of Bow l.IJar, Colorado, the City of Cherry Hills Village, Colorado, the Town of Columbine Valley, Colorado, the office of the District Attorney of the Eighteenth Judicial District, State of Colorado, the City of Englewood, the City of Littleton, and the City of Greenwood Village, Colorado, is hereby approved and adopted by the City of Englewood as if set forth in full herein. Section 2. That said agreement sets forth the acquisition of facil~ties, the construction of improvements, establishes operational requirements, and creates a Board to ensure the overall operation of the facility in accordance with the agreement between the parties. Section 3. That the City Council of the City of Englewood authorizes the Mayor of the City of Englewood and ex officio City Clerk-Treasurer to sign for and in behalf of the City and ttest the same on behalf of th City of Englewood. Introduc d, read in full, nd p sed on firs t r d~ng on th lst day of Febru ry, 1982. Publish d as F bru ry, 1982. Bill for n Ordin nc on th 3rd d y of I • - • • • • Read by title and passed on final reading on the 16th day of February, 1982. Published by title as Ordinance No. // , Series of 1982, on the 17th day of February, 1982. Attest: Eugene L . Ot~s, Mayor ex officio C~ty 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 the Ordinance passed on final reading and published by title as Ordinance No.~, Series of 1982. Gary R. Higbee -2- I • • • • A G R E E M E N T THI S AGREEMENT between and among the Board of County Commissioners of Arapahoe County, Colorado; the Town of Bow Mar, Colorado; the City of Cherry Hills Villaqe, Co lor a do; the Town of Columbine Valley, Colorado; The Office of the District Attorney of the Eighteenth Judicial District, State of Colorado; the City of Englewood, Colorado; the Ci ty of Littleton, Colorado; and the City of Greenwood Villaqe, Colorado, for the benefit of and includinq all of their respective law enforcement comoonents (hereinafter the "parties"), WITNESSETH : WHEREAS, the parties hereto have aQreed to establish and construct a multi-jurisdictional firearms ~f and WHEREAS, the parties hereto have aqreed to so construct and operate the same on the terms and orov isio ns hereinafter set forth; and WHEREAS, it is the intention of the parties that none shall be the customer of the others, but rather this facility s hall be construct ed and operated with construction costs, costs of addition, and costs of onerational maintenance befnq divided amonq them in a fair and equitable manner as set forth hereinafter with Qreater specificity; and WHEREAS, this Aqreement is made to further the purposes of th e nublfc health, safety and welfar e of the citizens of Arapaho County , Color do, by providinq tratninq with local law nforc nt • I • • Agreement Page 2 • • • officers under the stress conditions of "shoot/don't shoot" situations which must be faced on the community street. NOW, THEREFORE, it is mutually covenanted and agreed by, between and among the parties hereto as follows: I. FACILITIES A. The joint facilities shall be known as the "Multi-Jurisdictional Firearms School" Said property shall be under the control of the governing board for the project which shall be comprised of the top ranking law enforcement official, or his designee, of each of the parties. The use of the firearms range shall not be changed without the consent of all parties to this Agreement. Should the facilities cease to function as a firearms training center for peace officers, the governing board shall thereafter be free to dispose of the personalty as they shall see fit. • I . • Agreement Pao e 3 • • • I J. CONSTRUCTION OF IMPROVE 1ENTS A. The parties hereto shall mutually desiqnate an architect to desiqn a firearms training facility utilizing the assistance of the recommendations of the governinq board. Said facility to be constructed upon the dbove-described property with a budget for its design and construction of $117,057. B. The pro-rata participation of each of the parties in th~ overall cost of the project shall be calculated on a per commission~d officer basis as follows: Total cost less Federal funds divid~d by th~ total number of officers shall equal the cost p~r offic~r. C. Aft~r the preparation of the final plans and speci- fications for said facility, and after approval of the governing board, th~ architect shall submit said plans and specifications to bid und~r procedur~s required for public projects. D. The award of the bid to the general contractor shall b~ after the approval of a majority of all parties to this- Agreement: E. After the award of the bid to the general contractor, as provided in Paragraph D above, it is agreed that any excess of costs for the d~sign and construction of said faci"lities shall b~ paid for on the pro-rata basis as defined in Paragraph B above. F. All the parties, upon the execution of this Agreement, shall deposit their pro-rata share in a special account to be known as the "Multi-jurisdictional Firearms~~Accountw at the Office of the Budget Director for Arapahoe County. S id • I • • - • • Agreement Paae 4 • • • account to be maintained separate and distinct from all other funds and accounts maintained by said County. Disburse ments from said account shall be made in accordance with this Aqreement by the siqnature of the budaet director of the County of Arapahoe. G. If no contract is awarded pursuant to Paragraph D a b o v e w i t h i n t we 1 v e ( 1 2 ) nr on t h s from the d il t e of t h i s A 9 r e e 111 en t , then the funds remaining in the account established under Paragraph II. F above will be returned on a pro-rata basis to all th~ contributing agencies, after all proper expenses arising from this Agr~ement have been paid, and this Agreement shall then b~ t~rminat~d and of no further force or effect. H. No oth~r construction other than is set forth above shall b~ allow~d on the above-described property without the authorization of all th~ participating agencies. III. OPERATION OF FACILITY A. A p~rman~nt committee to be known as the governing board of th~ Multi-Jurisdictional Firearms tai'~j';ll i l f ey (h~r~inaft~r "board"), shall be established. The board for this proj~ct shall be comprised of the top ranking law enforcement official, or his designe~. of each of the participating agencies. B. At its annual meeting, the board shall elect from its m~mbership an executive committee to be comprised of a Chairm an, Vice-Chairman and Secretary. The Chairman shal l officf at~ at all m~~tings of the board and shall act on behalf of th~ board wh~n authorized to do so. In the absence of the Chairman, the Vic~-Chairman shall act in his or her stead. • I • • Agreement Page 5 • • • C. The ourpose of the bodrd shall be to provide administrative direction for all operations of the joint training facility and attendant matters, both during the course of construction and after the facility is in operation. D. Decisions of the board shall be made by a maj ority vote. In the event that a majority vote cannot be arrived at on any matters within the scope of their authority, then, and in that event, an additional member of the board shall be appointed for the purpose of reaching a determination of that issue. The additional member shall be an individual whose identi ty is agreed upon by the board, or in the absence of such agreement, the additional member shall be appointed by the presiding judge of the 18th Judicial District of the State of Colorado , and the additional member so appointed shall be one who is experienced in the field of police protection and firearms training techniques. E. The board may adopt such rules of procedure that they deem advisable. F. The board shall establish all necessary rules and regulations concerning the operation and use of said training facfl fty. G. The board shall establish a rental schedule for use of the training facility by outside parties. • I . • • A9reement Pag~ 6 • • • H. The board, on or before August 1st of ea c h yea r , shall prepare a budqet for the operation an d maintenance of the training facility for the followin g y ear, which s hall include provisions for insurance as necessary for the benefit of the parties in the operation of the fac i lity. The bo ar d s ha ll orepare and sub mit a budget to all the particioatin g agencies for approval on or before Auqust 15th of each year. Upon approval of said budget by all the narticipating agencies, an amount totallinq the full a mount of said budget s hall be deposit~d in the account established under Paragraph II. F abov~ on the pro-rata basis established under Para g raph II. B abov~. on or before January 15th of the following year . Paym~nts from said account shall be made by the sig nature of th~ Arapaho~ County budget director and all pay ments shall be in accordance with the approved bud g et. I. Any supplemental app ropr i ation s to the apo roved budg~t. or any amount r~qu i red for the fir s t year of operation of th~ training fac i lity, shall be jointly aporoved and pa i d i n accordance with Para g raph H ab ove . J. Norm al oper a tion a nd mai n t ena nce costs shall include tho s~ u t i l i ty cos t s incidental to the o oerati o n of said facility, tog ~th ~r wi t h insurance as necessary to adequately cover said facility. K. An annual meeting of the Board shall be held on the thir d Th u rs da y of January each year at a tim~ a nd place d~signated by t h~ Cha i r man of th~ Board, nrovided that 14 days notice shall • I • - • Agreement Paoe 7 • • • be provided to each member of the time and place so designated. The annual meeting shall be for the purpose of electing the executive committee as required herein and for such other business as necessary. IV. USE OF FACILITIES A. The use of the training facility shall be limited to the participating agencies, and shall, at the pleasure of the board, be available for other recognized bonafide police depart- ments, law enforcement agencies, rescue and other emergency units. Rental of said facilities to other agencies shall be at a rate determined by the board and provided for in Paragraph III. G above. Those rentals received for use of said facilities shall be deposited in the account established under Paragraph II. F above and credited to the parties to this Agreement on a pro-rata basis. B. Should the training facility be damaged or destroyed by use by any parties to this Agreement or other renting agency and as a result of said use, shall be the responsibility of that agency to pay for any and all damages done to these facilities should said damage not be covered by any insurance. C. No party to this Agreement shall assign any rights hereunder without the consent of all the other parties. All of the terms and provisions hereof shall be binding upon an inure to the benefit of the parties hereto, for successors and assigns. • I . - • • • Agreement Page 8 V. TER MINA TION • • • This Agreeme nt may only be ter mi nated or amended upon the joint approval of all the Parties. Notwithstanding any provision of this Agreement to the contrary, no party may withdraw from this Agreement except on 180 days written notice to each of the other parties. Upon withdrawal, any and all interest of the withdrawin9 party in the facilities, equioment, or other assets of the committee or the range shall be deemed forfeited. VI. EXECUTIO N It is agreed that this Agreement may be executed separately by each of the parties hereto by each such party signing a duplicate original counterpart of this Agreement, it being the intention of the parties to avoid the necessity of contemporaneous execution of a single original Agreement by all parties. EXECUTED th i s ___ day of ATTEST: Cou nty Clerk APPROVED AS TO FORM: Co unty Attorney -----------------· 1981. COUNTY OF ARAPAHOE By: ""'C-:-h-a"Tf _r_m_a_n_,--.A-r_a_p-a"""'h_o_e___,C ... o_u_n-.,..ty- Commissioners IHs trict Attorn y, 18th Jud1cial D1strfct • I • • - • • Agreement Page 9 ATTEST: City Clerk APPROVED AS TO FORM: City Attorney ATTEST : C1 ty Clerk APPROVED AS TO FORH: City Attorney • • • Sheriff, Ararahoe County Di rector, Ardoahoc County Soecial Crime Attack Team CITY OF CHERRY HILLS VILLAGE Bv: · ~M-ay __ o_r ________________ _ CITY OF ENGLEWOOD By: nM~a~y~o~r------------------ • I • • - • • Agreement Page 10 ATTEST: City Clerk APPROVED AS TO FORM: City Attorney ATTEST: City Clerk APPROVED AS TO FORM: City Attorney • • • • CITY OF GREENWOOD VILLAGE By=-.,-,-------------Mayor CITY OF LITTLETON By: ~H~a-y_o_r _____________ _ I . - • Agreement Page 11 ATTEST: Town Clerk APPROVED AS TO FORM: 101-1n Attorney ATTEST: Tow n Clerk APPROVED AS TO FORM: Town Attorney • • • TOWN 0 F GOW '1AR By:~--------------rlayor TOWN OF COLUMBINE VALLEY By:~-----------------~layor • I . . • ORDINANCE NO. /1/ SERIES OF 198~ • • • BY AUTHORITY }F COUNCIL BILL NO. 11 INTRODUCED BY COUNCIL MEMBER NEAL AN ORDINANCE APPROVING A MUTUAL AID AGREEMENT FOR POLICE SERVICES . WHEREAS, it is desirable that municipal law enforcement agencies assist each other in the event of an unusual majo r occurrence or major emergency situation; and WHEREAS, it is necessary to formally establish procedures for the rendering of mutual aid. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section l. There is hereby approved a contract titled "Mutual Aid Agreement" consisting of three typewritten pages providing for mutual police aid and ass i stance as set forth therein. Section 2. That each party shall develop an emergency operations plan and agrees to furnish resources and facilities to render services to the other in the event of unusual major occurrences; however, no party shall be required to deplete its own resources unreasonably; establishes provisions as to when e me rgency assistance may be requested; the value of the services shall be equal to each of the parties; and the method of exercising emergency is established. Section 3. The Mayor of the City of Englewood and the ex officio C~ty Clerk-Treasurer are hereby authorized to sign the document on behal f of the City Council and the City of Englewood and attest the same. Introduced, read i •. fuJl, and passed on first reading on the lst day of February, 1S82 . Publiahed as a Bill for an Ordinance on the 3rd day of February, 1982. Read by title and passed on final reading on the 16th d y of February, 1982. Published by title as Ordinance No. ____ __ on the 17th day of February, 1 982. eries of 1982, Attest: Eugene L. Otis, M yor ex officio City Clerk-Tr aaurer • I • • - • • • • • I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the foregoing is a true, accurate and complete copy of the Ordinance passed on final reading and published by title as Ordinance No. _____ , Series of 1982. Gary R. Higbee -2- • I • • • • • • MUTUAL AID AGREEMENT This agreement made and entered into by the various political subdivisions, muni c ipal corporations, and other public agencies operating in the state of Colorado; WITNESSETH: WHEREAS, it i s desirable that each of the parties hereto should voluntarily aid and assist each other in the event that an unusual major occurrence or eme r gency situation should occur, by the interchange of police and sheriffs' services and facilities; WHEREAS, it is necessary and desirable that a mutual aid agreement be executed for the interchange of such mutual aid on a local, countywide, regiona l, ar 1u ~t ate~oi J t! bdsis ; WHEREAS, Sections 29-5-103 to 29-5-111 Colorado Revised Sta t ute s, 1973, p ro - vides s tatutory authority for su c h interc ha nge of mutual aid by var i ou s politi c al subd i vi s ion s; NOW, HIE REFORE, IT I S HE REBY AGREED by and between each a nd a 11 of the parties hereto as fo llows: l. Each party shall develop a plan providing for the effecti ve mob ili- zation of all its resources and facilities to cope with a ny type of unusual major occurr nc~ or rgency situation that s hall be kno wn as an Emerg ncy Op~ratio s Pia 2. Each party agre~s to fur IS r sour s • d facilities a nd to render s rvi~es to each and ever o r party to h agreemen t i n the case of uuusual maJor occ rr c o rg cy situati on in ac c ordanc e with duly adopted mutual ild op ra 1onal Jans, whe ther heretofore or hereafter adop ed, d~ta1 lfng thod and manner by whi c h s uc h resources, faciliti~s. a nd s r 1c s r o be made avai labl e and fur - nished; provided, ho v~r. that o party shall be required t o deplete unreasonably i sown aclllti~s. and services in furnishing ~uch m~tual ald . 3 . The requesting party will not r qu~st aid from an assisting party uutil the requestiug party has corrrnitted on hundred (100) per ceut of its r~sour ces to th e~rgency situation. This provision, however, wi lJ not apply to those ~mergency situations which, in the judgment of th r~qu sting party, appear to be of a short duration. For th purpos es of th1s paragraph, a short duration is defined as being three (3) hours or less. 4. It is ~xpressly understood that any mutual aid extended under this agr ~nt and th operational proc ~dur~s adopted pursuant thereto, is furnished fn accordanc~ with Sections 29-5-103 to 29-5-1 lJ Colorado R~vis~d Statutes, 1973, as amended, and other applicable provisions of la w, and th~ defirdtions for unusual major occurrence or rgency s ftuatfon. • I • - • • • • • 5. Th e se rvices rend e red by one party to the other are of e')ual value and there shall be no charges 1~ade by one party for the services rendered to the other party . In the event of equipment damage by reason of the action of the employees, the liability and loss shall be determined on the basis of the fault or negligence of any employee. The employer of the employee who is found to be at fault shall be liable for the loss. 6. This agreement shall become effective as to each party when approved or executed by the party, and shall remain operative and effective a s bet1·1een each and every party that has heretofore or hereafter approved or executed this agreement, until participation in this agre e111ent is terminated by the party upon thirty day~ written notice to all other parties. The termination by one or more of the parties of its participation in this agreement shall not affect the operation of this agreement as between the other parties thereto . 7 . Each party agrees to adopt the fo 11 owing procedure in conformance with applicable statutory la~1 1~hen requesting or furnishing mutual aid for unusua 1 1•1ajor occurrence or emergency s i tua ti on: A. All requests for mutual aid are to be made by telephone by the chief of police or sheriff, or a person exercising the functions thereof, of the requesting party to the chief of police or sheriff, or a person e xercising the functions thereof, of the a s sisting part y. The r equest is to be iu~ediately confir~d by teletype or o th e1· 1~ri t t en message by the requesting party. G. Th e r esources or facili t ies that are a s signed shall be under the inmediate contnand of a superior officer designated by such as s isting pa rty . Such superior officer shall be under the direct supervision and cor.r.~nd of the requesting chief of police or sheriff, o r pe r s on s exe rcising th e fun c t i on s t hereof . C. Th e r eq uesting party shall indemnify , de f e nd and hold the assisting pa rty hanal ess from any and all c laims and/or lawsuits for damages, e xcep t e xe mp lary damages. or omi s sion s of the a ss isting party o r its er1r loye~s . agents, or officers, while en gage d ·in services for the re')uesting party. D. 1\fJencies served ~lith not ice of suit s hall ir.rnedi ately forward such no t ice to t he reque s ting a genci es. 111 'HT"ICSS Hll[llEOr this ag r een:ent ha~ bee n execute'.! and app r ov(.'d and is effective a nd operat1ve s to each of the parties as he r ein pr o v ided. Oat d this day of ------------· 1932. Attest : ------------- -2- • I • - • • • • • APP£rJOIX 1\ DEFIIHTIOIIS A. Q_n_l!_SJ:!_aJ_!la_jor _Occurrence -An unscheduled physical event involving potential or actual personal injury or property damages arising from fire. flood, stor111, earthquake, wreck, enemy action, civil distur- bance, terrorist activities, or other natural or man-caused incident. B. ~~~~-~n_sy SitlE!_tio~-The existence of conditions of disaster or of extreme peri 1 to the safety of persons or property ~1i thin the li mi ts of a city or county caused by such conditions as fire, flood, storm. riot or other conditions which are 1 ikely to be beyond the control of the services, personnel, equipment and faci 1 ities of a given political subdivision. • I • - • • ORDINANCE NO. /~ SERIES OF 198~ • • • BY AUTHORITY COUNCIL BILL NO. 11 INTRODUCED BY COUNCIL MEMBER NEAL AN ORDINANCE APPROVING A MUTUAL AID AGREEMENT FOR POLICE SERVICES. WHEREAS, it is desirable that municipal law enforcement agencies assist each other in the event of an unusual major occurrence or major emergency situation; and WHEREAS, it is necessary to formally establish procedures for the rendering of mutual aid. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. There is hereby approved a contract titled "Mutual Aid Agreement" consisting of three typewritten pages providing for mutual police aid and assistance as set forth therein. Section 2. That each party shall develop an emergency operations plan and agrees to furnish resources and facilities to render services to the other in the event of unu~ual major occurrences; however, no party shall be required to deplete its own resources unreaaonably; establishes provisions as to when emergency assistance may be requested; the value of the services shall be equal to each of the parties; and the method of exercising emergency is established. Section 3. The Mayor of the City of Englewood and the ex officio C~ty Clerk-Treasurer are hereby authorized to sign the document on behalf of the City Council and the City of Englewood and attest the same. Introduced, r ad i.. fuJ 1, and passed on first reading on the 1st day of February, 1S82. Published as a Bill for an Ordinance on the 3rd day of February, 1982. Read by titl and passed on final re ding on the 16th day of February, 1982. Publish d by title as Ordin nee No. /~ , Series of 1982, on th 17th d y of February, 1982. A t at: Eug n L. Otis, M yor • I • . · • • • • I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the foregoing is a true, accurate and complete copy of the Ordinance pass~d on final reading and published by title as Ordinance No. /~ , Series of 1982. ----- Gary R. Higbee -2- • I . • • • • MUTUAL AID AGREEMENT This agreement made and entered into by the various political subdivisions, municipal corporations, and other public agencies operating in the state of Colorado; WITNESSETH : WHEREAS, it is desirable that each of the parties hereto should voluntarily aid and assist each other in the event that an unusual major occurrence or emergency situation should occur, by the interchange of police and sheriffs' services and facilities; WHEREAS, it is necessary and desirable that a mutual aid agreement be executed fo r the interchange of such mutual aid on a local, countywide, regional, anu ;t ate~oo iJ ~ basis; WHEREAS, Sections 29-5-103 to 29-5-111 Colorado Revised Statutes, 1973, pro- vides statutory authority for such interchange of mutual aid by various political subdivisions; NOW, THEREFORE, IT IS HEREBY AGREED by and between each and all of the parties hereto as follows: 1. Eac h party shall develop a plan providing for the effective mobili- zation of all its resources and facilities to cope with any type of unusual major occurrence or emergency situation that shall be known as an Emergen cy Operations Plan. 2. Each party agrees to furnish resources and facilities and to render set·vices to ea ch and every other party to the agreement in the ca se of unusual major occurrence or emergency situation in accordance with duly adopted mutual aid operational plans, whether heretofore or hereafter adopted, detailing the method and manner by whi ch such resources, faci 1 ities, and services are to be made available and fur- nished; provided, however, that no party sha 11 be required to deplete unreasonably its own resources, facilities, and services in furnishing ~uc h r.1:1tual aid . 3 . The requesting party will not request aid from an assisting party until the requestf11g pc1rty has c0111nitted On@ hundred (100) per cent of its resources to the emergency situation. This provision, however, will not apply to those emerg ncy situations which, in the judgment of the requesting party, appear to b of a short duration. For the purposes of this paragraph, a short duration is defined as being three (3) hours or less. 4 . It is expressly und@rstood that any mutual aid extended under this agrement and the operational procedures adopted pursuant thereto, is furnished in accordance with Sections 29-5-103 to 29-5-111 Colorado R vised Statutes, rg73, as amend d, artd other applicable provisions of law, and the definitions for unusual 111c1jor occurrence or emergency situation. • I • • • • • • 5. The services rendered by one party to the other are of ef]ual value and there shall be no charges made by one party for the services rendered to the other party. In the event of equipment damage by reason of the action of the employees, the 1 i ability and 1 oss shall be determined on the basis of the fault or negligence of any employee. The employer of the employee who is found to be at fault shall be liable for the loss. 6. This agree101ent shall become effective as to each party 1vhen approved or executed by the party, and shall remain operative and effective as bet1·1een each and every party that has heretofore or hereafter approved or executed this agreeme nt, until participation in this agre eJ.~e nt is terminated by the party upon thirty day:; written notice to all other parties. The termination by one or more of the parties of its participation in this agreement shall not affect the operation of this agreement as beb1een the other parties thereto. 7. Each party agrees to adopt the following procedure in confonnance with applicable statutory la~1 1vhen requesting or furnishing mutual aid for unusua 1 major occurrence or emergency situation: A. All requests for mutual aid are to be made by telephone by the chief of police or sheriff, or a person exercisi~g the functions thereof, of the requesting party to the chief of police or sheriff, or a person exercising the functions thereof, of the assisting party. The request is to be }E~ediatelx confinmed by teletype or other 1~ri tten message by the requesting party. D. The resources or facilities that are assigned shall be under the ir.n~ediate command of a superior officer designated by such assisting party. Such superior officer shall be under the direct supervision and cor.1nand of the requesting chief of pol ice or sheriff, or persons exercising the functions thereof . c. The requesting party shall indemnify, defend and hold the assisting r<~rty hanaless from any and all claims and/or lawsuits for damages, except exemplary damages, or omissions of the assisting party or its erlflloye:.!s , agents , or officers, while engaged ·in services for the requesting party. D. flrJencies served ~1i th notice of suit shall ir.•nediately forward c;uch notice to the requesting agencies. Ill 'Hncss Wlf(llEOr this a9reen:ent ha :; heen executc'.l and approvl•d and is cffccti v and operative as to each of the parties as herein provided . Pat d th is ___ day of ------------· 19:12. -----------At t s t : -2- • I • • - • • .. • • • APPEilDIX II DEFIIIITIOIIS A. .!!_n.'!_sua_:U·~a_jor .Qf_c.!!!:.!:_ence -An unscheduled physical event involving potential or actual personal injury or property damages arising from fire. flood , storr.1, earthquake, wreck, enemy action, civil distur- bance, terrorist acti vities, or other natural or man-caused incident. B. Em~-~SY Sit~J~-The existence of conditions of disaster or of extren~ peril to the safety of persons or property within the lir:1its of a city or county caused by such conditions as fire, flood, storm. riot or other conditions 1~hich are likely to be beyond the control of the services, personnel, equipment and facilities of a given political subdivision. • I • • - \1 ,I I • • ORDINANCE NO. SERIES OF 198~ • • • BY AUTHORITY A BILL FOR 7G- COUNCIL BILL NO. 13 INTRODU~D BY COUNCIL MEMBER "j-z A. ;. ._. AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE DENVER REGIONAL COUNCIL OF GOVERNMENTS AND THE CITY OF ENGLEWOOD FOR THE PROVISION OF CENTRALIZED SERVICES FOR ENTRY LEVEL RECRUITMENT AND TESTING OF LAW ENFORCEMENT OFFICER APPLICANTS. WHEREAS, the City of Englewood is desirous of establishing a system of recruiting and testing entry level police officers which is both cost efficient and operationally effective; and WHEREAS, a program centrally administered in cooperation with other municipalities will best achieve this objective; and WHEREAS, the Denver Regional Council of Governments has formally established such a central program known as the Centralized Organization for Police Selection ("COPS") Program. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. That the City of Englewood contract with the Denver Regional Council of Governments for participation in the Centralized Organization for Police Selection ("COPS") Program. Section 2. That the agreement between the Denver Regional Council of Governments and the City of Englewood, attached hereto as Exhibit A, be, and hereby is,adopted and approved. Section 3. That the City Manager and Director of Finance are hereby authorized to execute said agreement and appropriate funds for payment of fees associated with the program. Introduced, read in full, and passed on first reading on the 16th day of February, 1982. Published a a Bill for n Ordinanc on the 17th day of February, 1982. Attest: Eugene L. Otis, Mayor ex officio City Clerk-Treaaur r • I • - - • • • • .. • I, Gary R. Higbee, ex officio City Clerk-Treasurer o f the City of Englewood, Colorado, hereby certify that the 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 February, 1982. Gary R . Higbee • I • • - ORDINANCE NO. SERIES OF 198~ • • • BY AUTHORITY A BILL FOR 7G- COUNCIL BILL NO. 13 INTRODU~ MEMBER AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE DENVER REGIONAL COUNCIL OF GOVERNMENTS AND THE CITY OF ENGLEWOOD FOR THE PROVISION OF CENTRALIZED SERVICES FOR ENTRY LEVEL RECRUITMENT AND TESTING OF LAW ENFORCEMENT OFFICER APPLICANTS. WHEREAS, the City of Englewood is desirous of establishing a system of recruiting and testing entry level police officers which is both cost efficient and operationally effective; and WHEREAS, a program centrally administered in cooperation with other municipalities will best achieve this objective; and WHEREAS, the Denver Regional Council of Governments has formally established such a central program known as the Centralized Organization for Police Selection ("COPS") Program. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. That the City of Englewood contract with the Denver Regional Council of Governments for participation in the Centralized Organization for Police Selection ("COPS") Program. Section 2. That the agreement between the Denver Regional Council of Governments and the City of Englewood, attached hereto as Exhibit A, be, and hereby is,adopted and approved. Section 3. That the City Manager and Director of Finance are hereby authorized to execute said agreement and appropriate funds for payment of fees associated with the program. Introduced, read in full, and passed on first reading on the 16th day of February, 1982. Published as a Bill for an Ordin nee on th 17th d y of February, 1982. Att st: Eugene L. Otis, Mayor x officio city ci • I • - • • • • • I, Gary R. Higbee, ex officio City Clerk-Treasurer o f the City of Englewood, Colorado, hereby certify that the foregoing ~s 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 February, 1982. Gary R. Higbee • I • - • • • ,. - 711 BY AUTHORITY ORDINANCE NO.~--- SERIES OF 1982 A BILL FOR COUNCIL BILL NO. 12 INTRODUCED BY COUNCIL MEMBER ty 1-A AN ORDINANCE DEFINING FOOD AS AN EXEMPTED ITEM UNDER THE SALES TAX PROVISIONS OF THE 1969 ENGLEWOOD MUNICIPAL CODE, AS AMENDED. WHEREAS, the sales of food products are exempt from sales tax in certain circumstances; and WHEREAS, it is necessary to further clarify the defintion of "food" in order that the sales tax exemption can be more precisely applied. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. That Section l3-4-4(e) of the '69 E.M.c. be amended to read as follows: 13-4-4(e) Sales of food products which are to be consumed off the premises of the vendor ~ftiess ~re pared by ~he Yeftder a~ ~he ~iaee e£ sale fer ±mmed-ia~e eenaaMp~ieft by the p~rehaser 7 whether eft er e££ ~he preMiaea. AS USED HEREIN, "FOOD" MEANS FOOD WHICH IS ADVERTISED OR MARKETED FOR HUMAN CONSUMP- TION AND IS SOLD IN THE SAME FORM, CONDITION, QUANTITIES, AND PACKAGING AS IS COMMONLY SOLD BY GROCERS. THE TERM INCLUDES CEREALS AND CEREAL PRODUCTS; MILK AND MILK PRODUCTS; MEATS AND MEAT PRODUCTS; FISH AND FISH PRODUCTS; EGGS AND EGG PRODUCTS; VEGETABLES AND VEGETABLE PRODUCTS; FRUIT AND FRUIT PRODUCTS; SUGAR, SUGAR PRODUCTS, AND SUGAR SUBSTITUTES; COFFEES AND COFFEE SUBSTITUTES; TEAS, COCOA, AND COCOA PRODUCTS; SPICES, CONDIMENTS, SALT, AND OLEOMARGARINE. THE TERM "FOOD" DOES NOT INCLUDE CHEWING GUM; SPIRITUOUS, MALT, OR VINOUS LIQUORS; COCKTAIL MIXES; PROPRIETARY MEDICINES; NOSTRUMS; LOZENGES; TONICS; VITAMINS AND OTHER DIETARY SUPPLEMENTS; WATER, MINERAL WATER, AND CARBONATED WATER MARKETED IN CONTAINERS; ICE; PET FOODS; FOOD OR DRINK FURNISHED, PREPARED, OR SERVED FOR CONSUMPTION AT TABLES, CHAIRS, OR COUNTERS, OR FROM TRAYS, GLASSES, DISHES, OR OTHER TABLEWARE PROVIDED BY THE RETAILER; PREPARED FOOD OR DRINK SOLD BY RETAILERS WHO REGULARLY SELL FOR CONSUMPTION ON OR NEAR THE PREM- ISES OF THE RETAILER EVEN THOUGH SUCH FOOD OR DRINK IS SOLD ON A "TAKE OUT" OR "TO GO" ORDER AND IS BAGGED, PAC~GED, OR WRAPPED AND TAKEN FROM THE PREMISES OF THE RETAILER; AND FOOD OR DRINK VENDED BY OR THROUGH MACHINES ON BEHALF OF A VENDOR • • I • • • • • Introduced, read in full, and passed on first reading on the 16th day of February, 1982. Published as a Bill for an Ordinance on the 17th day of February, 1982. Attest: Eugene L. Ot~s, 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 February, 1982. Gary R. Higbee -2 - • I • • • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DA TE 2/1/82 INITIATED B Y AG END A I TE M 1H SUBJECT -Bi 11 for an ordinance; Amend Title 13-4-4(e) Exempt Items -Food Gary R. Higbee, Director of Finance Adopt Bi 11 for an ordinance ACTION PROPOSED ______________________________________________ ___ BACKGROUND In the past the City has never legislatively defined food . The City has provided administrative definition in the form of a letter to retailers. In 1980 , the State of Colorado exempted food from sales tax . When the State leg i s l a led l h i s e xe mption, lhe Sta le defined food . The s t a te differed fr~n the City's ad mi n i s trative def in it i on in some areas . The City has exempted s ales tax f rom the purcha s e of c andy, nuts, gum and food sold by mobile caterers. The State has included these items as being subject to sales tax. The effect of this ordinance will be to : 1. Create a definition of food which is consistent with the State . Th is wil 1 eli minate any confusion which may exist on the part of vendor s and con s umers as to what i s taxable. 2 . Ha ve little effect on revenue s. 3. Ho s t importantly, legi s late the definition o f food. REC OMENDATION Adopt the St te of Colora do de finition of food it rel ate s to th e im- po itlon of sales tax. This de finition Is stat e d in Ti t l e 39-26-102 (4.5), CRS, a s nded, nd Stat e of Color do Regul tion 39-2 6 -102 (4.5). • I • • • • - MEMORANDUM ··. TO: Andy Mccown, City Manager DATE: February 11, 1982 SUBJECT: Repair of Main Power Service Andy, As you will recall, the main power service at the Bi-City Plant was damaged back in August, apparently due to a lightning strike. The damage is quite extensive, and our experts indicate we could experience a 111ajor failure at almost any time. This is the only power service to the plant, and since presently we do not have an operable emergency power system, prompt repair is essential. Pursuant to the Supervisory Committee's request, ewe prepared specifications for repair, and we bid this wo rk on February 9, 1982. We received three bids from reputable, pow~r contractors as follows: 1. Sturgeon Electric, Denver, Colorado 4 any additional work at cost plus 25\ fee 2. Jordon Electric , Whe atridge, Colorado • any additional work at cost plus 20\ fee 3. How rd El ctric • any additional work at cost plus 15\ fee $28 ,960.00 $29,500.00 $35,840.00 It is unlikely we will n ed any additional work, lthough w requ ested their bids t o incorporate this option. As such, the base price is believed the best -•sure of cost to repair the servcie. 8oth th t 1 at bids are reputable contr ctors who w re re ended by Public Service Comp ny. I requested addition 1 b c ku infonaation fr both for 1110re detailed review. At this time, I contid nt eith r o will do a good job for us. The only it of pote ntial concern is the shu tiae. Obviously, -cannot be without aervic for extended tU.e or sewage would flood the countryaid We told all contractors through th specifications that they were allo ted only one hour for shu down. All have gr ed. N verth leas, I uld lik ae di ional c knowle 9 .. nt of th contr ctora ' reaponaibili y on this it .. in particular • • b I • - '. • • • • • Repair of Main Power Service page 2 With this background I recommend that we award the contract to ~he low bidder, Sturgeon Electric, contingent upon their ability to confirm the maximum allowable shutdown time of one hour, and provide sa.e backup assurance in the event they run into some unfore- seen problem. Furthermore, because of the critical nature of this repair, I recommend we move promptly on this matter to assure that it is repaired as soon as possible. I will await further authorization from you, and will look forward to your prompt response. clw cc: Kells Waggoner Gale Christy Charlie Blosten • I • • • ORDINANCE NO. SERIES OF 198~ • • • BY AUTHORITY A BILL FOR 7Z COUNCIL BILL NO. 14 INTRODUCED ~y COUNCIL MEMBER /0 l-( C> 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. WHEREAS, the City of Englewood has embarked upon a program of limiting Little Dry Creek to the confines of ita channel in the City of Englewood; and WHEREAS, the goal is to prevent loss of public and private property to flood damage; and WHEREAS, School District No. 1, Arapahoe County, Colorado, Englewood Schools, desires to assist in controlling flood waters in the City of Englewood to protect, among other things, the school tax base; and WHEREAS, the City of Englewood desires to cooperate with and protect the School Board. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COU NCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. There is hereby approved an agreement titled •Agreement Storm Water Detention Area" between the Ci ty of Englewood, Colorado, and School District No. 1, Arapahoe County, Colorado, as attached hereto and incorporated by reference as Exhibit A. Section 2. The aforedescribed Agreement generally provides as follows: 1) School's use for educational purpo se is paramount use. 2) A nonexclusive easement is granted by the School District to the City of Englewood for storm water detention over prop rty own d by the School District and used for athl tic purposes. 3) The School District shall review and approve fin 1 plans for construction of th storm water detention a rea. 4 ) The City shall sav nd hold harmless th School District and its Bo rd of Directors against any and all claims arising from th City's use of the d tention area. • I • • • • • • 5) City shall not use the property in a manner that creates a nuisance; construction and maintenance shall be coordinated with the School Board and shall be at City's expense; City recognizes the need for open space and shall attempt to provide for the same along historic Little Dry Creek;City shall not make alterations unless approved by the School Board; City shall cause no liens to attach to the property; School's use shall not hinder capacity of the storm water holding area. 6) City shall properly insure the property. Section 3. The Mayor of the City of Englewood, Colorado, is hereby authorized to affix his signature to the aforedescribed Agreement for and in behalf of the City Council of the City of Englewood, Colorado, and the ex officio City Clerk-Treasurer is authorized to attest the same. Introduced, read in full, and passed on first reading on the 16th day of February, 1982. Published as a Bill for an Ordinance on the 17th day of February, 1982. 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 the above and fore- going is a true, accurate and complete copy of a Bill for an Ordinance, introduced, read i n full, and passed on first reading on the 16th day of February, 1982. Gary R. Higbe -2- • I • - • • • • EXHIBIT A AGREEMENT STORM WATER DETENTION AREA THIS AGREEMENT, made and entered into this ________ day of ---------------------' 1982, by and between SCHOOL DISTRICT NO. 1, ARAPAHOE COUNTY, COLORADO, by and through its Board of Education, hereinafter referred to as "District", and the CITY OF ENGLEWOOD, COLORADO, a Colorado municipal corporation, hereinafter referred to as •city•, WITNESSETH WHEREAS, the School District is the owner of certain real property located in the County of Arapahoe, State of Colorado, which is adjacent to Little Dry Creek; and WHEREAS, the City desires to construct a storm water deten- tion area as part of a public drai nage project to provide for •100-year flood• protection from Little Dry Creek, adjoining the aforesaid property; and WHEREAS, the aforesaid property is suitable for the construc- tion of the needed storm water detention area which is in the best interests of th citizens of the District and the City by eliminat- ing ri sk of damag to lives and prop rty fro Little Dry Creek flooding; and WHEREAS, th District can continu th us of the aforesaid prop rty for ita g n ral purpoa • following th r construction • I • • • • .. thereof to be used concurrently as a storm water detention area; and WHEREAS, the City is a public body pursuant to C.R.S. 1973, 32-11-101 et seq., and is a subdivision of the State pursuant to C.R.S. 1973, 22-32-110; and WHEREAS, it is necessary for the City to acquire an easement in certain property of the District in connection with the construction of the storm water detention pond as part of the drainage project; NOW, THEREFORE, in consideration of the premises and other good and valuable consideration, hereinafter appearing, the parties hereto agree as follows: 1. GRANT OF EASEMENT. The District hereby grants and conveys to the City an easement for the purpose of construction, use, and maintenance of a storm water detention pond upon the District property described as follows: Beginning at a point on the West line of Lot 30, Block 5, HIGGINS ENGLEWOOD GARDENS, from which the NW corner of said Lot 30 bears North a dis- tance of 5.57 feet; thence South along the West line of Lots 30 to 25 (inclusive) said Block 5 a distance of 174.73 feet to the North line of that parcel described in Book 1063, page 264, Arapahoe County Records; thence South along a line 180 feet East of nd parallel to the W st line of the SE 1/4 of NE 1/4 said Section 3 a distance of 515 feet; thence East along a line 515 feet South of and parallel to the North line of th SE 1/4 of NE 1/4 said Section 3 a distance of 440 feet; thence d fleeting right 67° a dis- tanc of 75 feet; th nc d fleeting left 49° a distance of 200 fe t to th South lin of that parcel d scribed in Book 927, page 29, Arap ho County R cords; th nee ! st along said South -2- • I • • • • • • -· ---------~------------------------~------------- line a distance of 140 feet to the SW corner of that parcel described in Book 855, page 542, Arapahoe County Records; thence East 155.1 feet and North 125 feet along the South and East lines, respectively, of said parcel described in Book 855, page 542; thence North a distance of 127.32 feet along the East line of that parcel described in Book 1403, page 41, Arapahoe County Records, to the South line of that parcel described in Book 1282, page 579, Arapahoe County Records; thence Southeasterly along said South line a distance of 13.52 feet; thence North along the East line of said parcel described in Book 1282, page 579, a distance of 196 feet; thence Northwesterly along the North line of Lots 1, 2, and 3, SANDRA'S SUBDIVISION, a distance of 183.2 feet to the NW corner of Lot 1, SANDRA'S SUBDIVISION; thence Northwesterly along the South line of that parcel described in Book 452, page 592, Arapahoe County Records, a distance of 327.2 feet to a point; thence Northwesterly to a point on the South line of Lot 25, Block 6, HIGGINS ENGLEWOOD GARDENS, from which the SW corner of said Lot 25 bears West 70.92 feet; thence Northwesterly along the North line of that parcel described in Book 1124, page 104, Arapahoe County Records, a distance of 75.2 feet to the NW corner of said Lot 25; thence Northwesterly to a point on the East line of Lot 23 of said Block 6, from which the SE corner of said Lot 23 bears South a distance of 2 feet; thence Northwesterly along the North line of that parcel described in Book 1094, page 600, Arapahoe County Records a distance of 132.85 feet to a point on the West line of Lot 22 of said Block 6 from which the NW corner of said Lot 22 bears North a distance of 3 feet; thence Northwesterly to a point on the East line of Lot 28, Block 5, HIGGINS ENGLEWOOD GARDENS, from which the NE corner of said Lot 28 bears North a distance of 5.72 feet; thence Northwesterly along the South line of that parcel described in Book 112 4 , page 103, Arapahoe County Recorda a distance of 1 4 5.09 feet to the Point of Beginning, Arapahoe County, Colorado. Storm water detention area, as us d in this Agre ment, shall be a -3- • I • • • • • • constructed proportioned reduction in the existing elevation of the aforesaid prop erty by approximately six (6) to eighteen (18) feet, in order to form the bottom and sides of the detention area, along with other necessary excavation and construction generally in accordance with the attached sketch, designated Exhibit A, prepared by Sellards & Griggs Consulting Engineers. It is under- stood and agreed that final plans for this water detention area must be approved by the Board of Education of the District. Said water detention area shall be designed in accordance with Sellards & Griggs Report No. 75019-44, dated February 1978 (Exhibit B). 2. DURATION OF EASEMENT AND REVERSION OF INTEREST. The duration of the aforesaid easement shall be perpetual, subject to written modifications upon the mutual consent of both the District and the City, or their successors, or the termination by the City of the aforesaid easement in said property. The duration of the occupancy of the water detention area by flood waters is understood to be temporary and intermittent, dependent on weather conditions. The City agrees to promptly clean up any debris and deposits remaining after storm water has been returned to Little Dry Creek from the storm water detention area and pay the costs thereof. 3. COMSIDE TION. The City shall pay as consideration to the District the sum of One Dollar ($1) per year, the receipt of w~i ch is hereby confessed and acknowledged, nd oth r good and valuable consid ra- t i on as aet forth in this Agre mont. -4- • I • • - • • • • 4. HOLD HARMLESS. The C "ty agrees fully to save harmless and defend the District from a ll suits, actions, demands,or claims in law or in equity, arising ou~ of the execution of this Agreement, or the use, construction, and maintenance of the real property herein described. The City shall be responsible for any litigation and shall pay the costs of suit, attorneys fees, appellate costs,and any other costs or expenses which may be assessed against the District as a result of any suit, demand, or claim filed concern- ing this Agreement. 5. OBLIGATIONS OF CITY. a. Purpose. The premises shall be used solely for the facility and purpose described in paragraph 1 above or for such other purposes as the District may approve. The City will not carry on or permit upon t he premises any offensive, no isy, or dangerous activity or any nuisance to the public or to the adjoining neighbors. The City will pay, upon demand, any damages to the premi ses caused by the misuse of same by it or its agents or its employees. The City shall not exercise any control over the routine use of the facilities by the District. The City shall not use the facility to detain water except wh n in its best j udgment said use is nee ssitated by virtue of storm or oth r emergency conditions. b. Construction and Maint -5- • I • • - • • • • The storm water detention area described above shall be construct d by the City at its sole cost and expense according to approved plans and specifications. The City shall maintain said detention pond and facilities and be responsible for costs neces- sary for use and maintenance of property as a storm water detention area. The District shall maintain all portions not related to storm water detention area purposes as the District determines necessary so long as the capacity of the storm water detention area is not diminished or infringed upon. I t is anticipated that construction shall take one (1) year to complete from letting of bids for construction and returning facilities to a condition usable by the District. City agrees to take whatever steps are necessary to return facilities to a condition usable by District as near as practicable as that currently on the property and install permanent underground sprinkling system, all at City cost. The City shall provide District with City park facilities necessary for District's use to include those functions found on Exhibit C at the locations designated therein, for the period during the construction and in the future at such times as the water detention area is filled with storm water and not returned to a usable condition for District function• within fiv (5) days of its temporary and int rmittent use by atorm waters. The City's obligation to provide the District with City park faciliti a during temporary and intermittent use of the area by s 0 rm wat rs sh ll continu until the City has removed -6- • I • • ...... • • • .. any debris and deposits remaining after storm water has been returned to Little Dry Creek from the area. The City agrees to pay all transportation costs using District's transportation facili- ties based on actual cost of transporting students and faculty to and from school located adjacent to site of storm water detention area to the appropriate City facilities designated in Exhibit~, said a ctual cost based on District's normal unit operating expenses for tran s portation facilities, on a per pupil, per mile basis, plus additional equipment and hiring of additional drivers neces- sary to carry out said purposes, the intent being for the District to recover not less than the exact costs of such transportation. District shall approve the construction schedule and City shall require sufficient security from the contractor to insure prompt execution of the work. Both parties understand that construction may take longer than one year but City shall insure that contractor, in no event, shall take more than one and one- half years to complete construction of the detention pond facilities. c. Little Dry Creek Improvements. The City agrees to construct improvements generally in conformance to Sellards & Grigg Report No. 75019-44 dated February, 1978, excluding the options to construct upstream dams. (Exhibit B). The City recognizes the need and desirability of providing open apace and a pedestrian and bicycle link between the District's property and the South Platte River. The City intends to develop appropriate routes in the vicinity of Historic Little Dry Cr ek for such a link. Further, City recognizes the need to ~rove th gen ral appearance of downtown Englewood and intends to develop sth tic st nd rds that ar peopl ori nt d -7 - • I • - • • • • • with landscaping and open spaces applicable to both public and private development in the City and consider ordinance change s to accomplish this goal. d. Alterations. With the exception of the interi m facilities and initial completed construction of the storm water detention area, the City will not make or permit any alterations or additions to the premises or place any additional structures, facilities or equipment on the premises without the District's prior written approval. The City shall submit plans for minor remodeling to the Board of Education for approval. No major remodeling will be permitted that would preclude the District's use of the rea l property for its general purposes prior to this Agreement. Upon termination by City of the above-described easement in said property, City shall restore or replace any portion of the premise s damaged or otherwise affected by such alterations, additions, structures, facilities, or equipment, unless such restorat i on repair vas waived by the District at the time approval was given fo r such addit ion o r alteration. The Di stric t shall approve construct i on s c h e dul es and the Ci t y shal l req u ire su fficient s ecurit y from contract or to insure promp t execution of wcrk. e . F a cility Expe n ses. Th City sha ll pay (1) all license, use, or other fee s ; (2 ) a ll water , electrici t y , s ewer , or o t her u tili t y or aervice charges ; and (3 ) all o ther operati n g and construction expenses i n con c t ion wi h the construction, us and int n nc of tha t portion of th afor said property us d as a atorm v at r detention a r a. -a- • I • • • • • f. Compliance with Law. The City will comply with all applicable federal, state, county, mu nicipal and other laws, ordinances, rules and regulations relating to all or any part of the following: (i) the premises; (ii) the operation of the facility conducted thereon; (iii) the maintenance of the premises; and the City shall refrain from using the premises in any way in violation of such law, ordinance, rule or regulation. g.~- The City will keep the premises free of all liens and/ or claims to be placed on the premises, for whatever reason, to be removed within 30 days after the City has knowledge of such lien; and the City agrees to release, indemnify and hold the District harmless from and against such liens and/or claims. h. Surrender of Premises. The City will, upon termination of its easement in said property, surrender the premises to the District, in a good order and condition, and when applicable, in compliance with the provisions of paragraph S(d). 6. COMPATIBLE USE BY DISTRICT. The District may mak improvements and undertake construc- tion on the above-d scrib d prop rty so long as such improvements and construction do not reduc th c p city of th site for storm water detention or r due it hydrologic l fficiency for said purpose. The District shall r qu at of th City ita pprov 1 nd th City shall not withhold pproval provid d th propos d construc- tion and iaprov nt satisfy th ator wat r d t ntion r uir nta h r in. Th D atric 'a us o th pro rty for ita pr • nt pur- -9 - • I • - • • • • poses as athletic field and for subsequent compatible uses approved by the City shall be deemed dominant and accommocated by the City if possible. 7. I NS URANCE. The District shall continue its insurance coverage on the real property described herein during its use of the property for its g ener a l purposes. The City shall, in addition, include the above-described real property in its insurance coverage for loss resulting from the use of said property as a storm water detention area for liability in excess of the coverage maintained by the District, at the City's expense. Said excess coverage shall be obtained and kept in force during the term of this Easement Agreement and shall include, inter alia, a comprehensive public liability insurance coverage, insuring the District and the City against any liability arising out of the use, occupancy and maintenance, and all areas appurtenant thereto by the City in excess of coverage provided by the District. The City shall deliver to the District, prior to right of entry, copies of policies of insurance required herein, or certificates evidencing the existence of such insurance with a loss payable clause satisfactory to the District. No policy shall be cancellable or subject to reduction of coverage. 8. BINDING ON SUCCESSORS AND ASSIGNS. The terma and conditions of this Agreement shall be binding on the aucceaaora and assigns of both parties h r of. -10- • I • • • • • • 9. REMEDIES UPON BREACH. In the event of breach of t he terms and conditons hereof by either party the other party shall be entitled to specific performance of this Agreement or, in the alternative, the non- breaching party shall be entitled to damages suffered as a result of the breach. The District may not revoke or cancel this Agreement in the event of the City's breach but must resort to the remedies herein provided. IN WITNESS WHEREOF, the District has caused these presents to be executed by the President of its Board of Education and attested by the Secretary thereof, and the City has caused these presents to be executed by the Mayor and attested by the Director of Finance ex officio City Clerk-Treasurer. ATTEST: Secretary ATTEST: SCHOOL DISTRICT NO. 1, Arapahoe County, Colorado By------------------------------------ President of its Board of Education CITY OF ENGLEWOOD, COLORADo a Colorado Municipal Corporation By--------------~------------------ Gary R. Higbee, Director of Finance ex officio City Clerk-Treasurer Eugene L. Otis, Mayor -11- • I • • • • I ~ -.... ~~---~: .... 1 I ~' . ~ I I ~· It' ~ ~· ~ I ! i I .i I ! ~ ---~0 COIITOI.RS --[XISTIHC C~TOUIIS o • • -C\JHOARY Of DE T£1\:Tic»i ~;.A P£11oSEO fUC'JST 3. :930 .&.. ~.\XIM I.!Y CUT 18 FEET ~I ~U'.~U'.I CUT 6 F'E ET .lVER!.CE CI.JT IJ.4 f:(E T • • • -. •. ~··:·.·~.,·:;:,,;.,.•_. r.:~! ... '· :-::----~.~-~:--~: -~~r,-.. -:~ ·.:·-;.~: :=--·~-.• ::.'·:.{.:;··:;.~~ ... ~Nl.ti_,_LD = = ]4() '<X'TKu. 'I(CO )flO 1110 -·115 JIII'I(LD )()Ql .10 ."\ J I ~ I ~-· COIIII(JI~ P.\:~f.lll.l "[.D D':l.lll.~ AS- I'UT( rG11 A lie: ... t:..L/ !OHIIIU. 'I(LD PREUMINARY SI<E7~H ENGLEWOOD HIGH SCHOOL DETENTION ARE~ PLAH · fl'M:,..:,_1t !D IY ~ .. ---· I SE LL ARDS a GR :GG co~.S'.Jl1UtG l"'"!t•s ,.Ul.Y • ateQ I D G J~l 1;0 7~t • .. i sa s ••~f ·.o. •2 z · :.:.?, r--··· . -------------------------------· • • • • • • SUPPLEMENT To 1976 LITTLE DRY CREEK ALTERNATIVE DEVELOPMENT STUDY ENGLEWOOD~ COLORADO CONSULTING I:NOINI:I:ItS FEBRUARY 1978 S & G No. 75019-44 SELLARDS & GRIGG, INC. 1141 W. COLFAX • IUITI 4 • IQUIIII 'LAZA LAKEWOOD, COLORADO .. 211 Ul •1173 • I • • • • • • F e bruary 1978 Supp leme nt to 1976 Little Dry Creek Alternati v e Development Study General Discussion Following several public meetings and joint meetings betwee n the Englewood City Council and the Englewood School Board, at which the July, 1976, Alternative Development Study for Little Dry Creek within Englewood, Colorado, was presented and di s cuss e d, a new alternative (herein referred to as Alternative No. 5) was established. Alternative No. 5 mixes elements from the proposed solution in the McCall-Ellingson ~Morrill, Inc., report entitled "Major Drainageway Planning -Little Dry Creek," Feb r uary, 1974, and Alternative No. 2 in the Sellards & Grigg, Inc. July, 1976 study . The 1974 study proposed a system of six upstream dams to reduce the peak runoff flow through Englewood to 4700 cfs during the pro- jected 100-year flood. The existing box conduit carrying Little Dry Creek underground near the Cinderella City shopping complex could be .. de to carry this flow with some modifications to the upstream end of the box. Under this proposal, the existing lead section of 12' x 15' box would have a parallel cell added and a single cell 12' x 18' box would be extended from the present en- trance point at Girard Avenue and South Bannock Street to East Jefferson Avenue and South Sherman Street. The rema i nder of the Little Dry Creek channel would be concrete lined from South Sherma n Street to Iouth Clarkson Street . The primary reasons for concrete lining the channel were (1) to mainta i n the max imum amount of energy in the flowin9 water so that 4700 cfs could p ass through the box and (2) to utilize existing channel r i ghts-of-way so that it would not be necessary to acquire additional property . All the alternatives in the 1976 study were baaed on the assumpti on that only two (Holly and Englewood) dams would exist i n the for e - seeable future. For this condition, a peak runoff f low o f 7000 cfs for the 100-year flood was predicted to be at South Clarkson Street. Alternative No. 2 proposed to r e duce the peak f low to approxiaately 4000 cfa through a detent i on s torage po nd on the school property between South LOgan S tre et a nd So u th Clarkson Street on the south aide of the L i ttle Dry Creek chann el . The e x isting l .. d section of 12' x 15' box condui t woul d have a parallel cell added to handle this f low. Th e remainder of the channel from East Gira rd Avenue and So u th Bannock Street to South Clarkson Street would b e a g rass lined c h annel treated as uaabl open space. Several aaj o r o b jections to the Alternative No. 2 proposal are: (1) the d etention pond would require excavation in all open areas north of t he ex i s ting football stadium and school buildings, (2) the excayation wa s so deep that it encroached on the present level of g round water in the area , • I • • • I lij I I I I I I I I I I I i I I i • • - (3) the underground system tor controlling ground water would re- quire full time pumping, (4) the size and depth of the detention pond area reduced the actual usable area for athletic fields from the present available space. Under Alternative No. 5, the City of Englewood would work with the Urban Drainage and Flood Control District to ultimately complete four dams upstream. These would include existing Englewood dam and proposed Holly, Berry and Prentice Dams. The additional darns would reduce the peak flow entering Englewood at South Clarkson Street to 5800 cfa. A detention pond is proposed on the school property with a capacity of 136 acre-feet. This detention pond would reduce the peak channel flow through Englewood to 3800 cfs which could be made to pass through the existing box conduit by adding the previously mentioned parallel cell to the upstream sec- tion. The following ia a more detailed discussion of the proposed improve- menta aa they relate to this Alternative: Reach lz In the 1976 Sellards ' Grigg report, each of the alter- natives with improvements recommended a grass lined open channel from the South Platte River to Sante Fe Drive similar to that pro- posed in the 1974 study. This would also be a part of Alternative No. 5. Alternative No. 2 proposed a grass lined open channel be- tween the outlet of the existing box conduit and the Santa Fe Rail- road brid9e (easterly bridge at South Santa Fe Drive). However, in Alternatives No. 2 and 5, with all the flow being carried by the box conduit, the option is available for the existing 12' x 18' box to be extended and turned to direct the flow westerly under the bridge. An energy diaaipator would be required to reduce the velocity of the flow before it passed under the Santa Fe Railroad bridve. This option would raise the estimated cost for Reach 1 to $1,277,651.00, an increase of $474,694.00. The primary benefit of extendin9 the box this 600 feet would be to reclaim a parcel of land in a reasonably good location. However, this additional expenditure of money could be made at a future date and would not be required at the outset of the improvement project. Reac2oj' The 12' x 18' portion of the box conduit would not require any ification. It ia proposed that a parallel cell be added to the 12' x 15' portion between the transition at the intersection of Girard Avenue and South Cherokee Street and the box entrance southeast of the intersection of Girard Avenue and South Bannock Street. The parallel cell would be very similar to that propos in the lt74 McCall-Ellingson and Morill report and 1976 Sellards ' Gri99 report for Alternative No. 2. (Th cost of this parallel cell ha• been included with Reach 3 estimates.) Reach 3 & This reach would be the same as that proposed for Altern - t1ve No. 2 in th 1976 report. That is, a grass lined open chann 1 -2- • I • • • • • • -- from the entrance to the box conduit upstream to the bridge struc- ture at South Sherman Street. Consideration has been given to extending the box structure to a point on the Little Dry Creek channel south of Hampden Avenue. The major advantage would be reclamation of about two acres of sur- face land within a growing commercial area of Englewood. The major disadvantage ia that this choice would block re-establishing Little Dry Creek aa an open channel through the City. This choice would probably preclude the City from ever re-establishing an open chann e l route through the commercial areas of Englewood between South Bannock Street and South Santa Fe Drive. The estimated cost for extending the box ia $1,978,728 or $68,185 less than the grass lined channel. The construction cost is higher, but we estimated acquiring only an easement for the box extension and not the entire half block aa required for the open channel which results in the lower esti- mated price. Reach 4z The channel in thia reach would be the same as for Alter- native No. 2 of the 1976 report. The detention pond capacity would be reduced froa about 225 acre-feet to 136 acre-feet. This reduc- tion in c a pacity would be achieved by raising the bottom of the previously proposed pond by four feet and by eliminating use of the area of the existing football practice field. This should raiae the pond above the present ground water elevation and elimin- ate anticipated ground water problems for the athletic fields lo- cated in the detention pond. The estimated cost of the detention pond would be $1,367,355, a reduction of $316,154 from Alternative No. 2. In the 1976 report, it waa proposed to take water into the deten- tion pond by a aide channel spillway using Jefferson Drive as the weir and a bridge at Pearl Street to control the flow. On addi- tional inveativa tion, it appears that if the extra flood water can be broU9ht under South Clarkson Street in a structure paralleling the exiatin9 bridge, it would be more efficient in handling the water and would eliminate any water from overtopping South Clarkson Street in a 100-year flood aince the existing South Clarkson Street bridge ia designed to paaa only 5000 cfs before the bridge is over- topped • .. yond &ntlewood: Alternative No. 5 is based on three additional daaa belnt built in addition to existing Englewood Dam. These daas would be Holly, Prentice, and Berry Dams. The construction funds for Holly Daa are being held in an escrow account by the Urban Drain&te and Flood Control District. Prentice and Berry Dams were eatiaated in the 1974 report baaed on 1973 prices. Since the Sellards • Gri99 estimates were based on 1977 prices, the 1974 esti- mates have b .. n inflated at It per annum for four years. Thus, the 1977 ••tt.&ted coat of theae two dama ia $1,390,420. The Urban Draina,. and Flood Control District had a good financial -3- • I • • • • .. experience when the Englewood Dam improvements were made at a cost well under the estimated cost at that time. Hopefully, this finan- cial experience wou ld carry over to these future dams. The Sellards ' Grigg scope of work did not include looking at any other improvements outside of Englewood. The 1974 study did this based on the six dams concept. Portions of the overall project beyond Englewood identified in the 1974 study are other channel improvements on Little Dry Creek and Greenwood Gulch including a better physical connection between the two east of Clarkson. None of these improvements have been included in the estimates except for the construction of Prentice and Berry dams. Other Considerations A valid art~nt against Alternative No. 5 is that it requires the e5tiaated expenditure of $1,390,420 to construct two dams to reduce t~ eatiaated coat of the detention pond within Englewood by $316,154. However, the larger detention pond in Alternative No. 2 ia •very tight" and barely adequate for that proposal while the smaller detention pond of Alternative No. 5 is a properly sized element of this Alternative. The additional dams offer additional protection to anyone downstream from them when flood flows exceed in magnitude the anticipated 100-year event. Alternative Mo. 5 ia similar to Alternatives No. 2 and 3 in the 1976 report in that they all still rely on a closed conduit with a fixed capacity to handle the peak runoff. Thus, when peak storm runoff ca.ea down the channel which exceeds this design capacity, t~ runoff flow in excess of the design capacity of the closed conduit auat travel overland. The risk also exists that the closed conduit .. y beco.e plugged or partially plugged which increases the flow overland. Properties within the existing flood plain would be subject to damage under these circumstances. Some thoutht should be given to the ultimate solution. That is, anything less than re-establishing an open route for any flood flow ia providint an intermediate solution. Alternative No. 4 was identi- fied aa the alternative which would achieve the objective of re- creatin9 an open channel route. The City should maintain an eye to the future even though it has a present need for a solution that is far less reaching and perhaps displaces fewer people than soae of t~ open channel routes defined in Alternative No. 4. Man aade atructures such aa box conduits have realistic design lives. The exiatint conduit could be assumed to have a life of 100-years. Thus, if it has been in existence about 15 years, it could be expected to last another 15 years. Little Dry Creek and Greenwood Gulch are fOOd exaaplea of river channels which have been altered and obliterated by aan through years of land development. Each change froa the original haa made the next solution more difficult. At the end of the life of these structures, what will be done then? -4- • I • - a g II • • II -li II Ill II • • • The benefit-co t ratios must be supplemented by a set of environ- mental and social factors which are crucial to making the final de - C1S10n. The following summarizes some of the advantages and dis- advantages rel a ted to Alternative No. 5 • Alternative No. 5 -Flow Reduction through Detention Storage with i n Englewood and Four Dams Outside Englewood Advantages: 1. All the advantages listed for Alternative No. 2 in the 1976 report are applicable. 2. This solution becomes more multi-jurisdictional with the addi- tional proposed dams outside Englewood. Urban Drainage and Flood Control District, Greenwood, and Arapahoe County become involved. 3. By changing diversion locations from near South Pearl Street to the east aide of South Clarkson Street, the remaining property north of the channel, west of Clarkson Street is removed from the flood plain. (This would be a new advantage for Alternative No. 2 also.) 4. All the properties along Greenwood Gulch downstream from Prentice and Jerry Dam. to Little Dry Creek would receive some level of flood protection. 5. The depth and area of the proposed detention pond at the high school athletic fields would be reduced. The average estimated depth of cut on school property would be approximately eight feet. 6. Anticip.ted deaiqn problems at the detention pond such as pump- ift9 ground water should be eliminated. 7. Anticip.ted peak 100-year flood flows reaching Englewood would be reduced by the additional storage outside the City. Disadvantages: 1. All the disadvantages listed for Alternative No. 2 in the 1976 report are applicable. 2. Acquisition of additional (presently undeveloped) property out- aide the City would be requir d for construction of dams. 3. The addition of Prentice and Berry Dams adds $1,074,266 to the coat of the project and reduces the benefit/cost r tio for En9lewood fro~ 6.72 to 5.73 on the graaa lined option. -s- • I • • - ·UI bit Lll LIA ua Lil "* ~ ~ ~ • ~ Ul • • • • Cost Summa r y The summary of the cost es tima t es is as f ollows : Alternative No. 5 Reach 1 Gra ss-Li ned Channel Concrete-Lined Cha Reach 2 Reach 3 Reach 4 Detention Pond Prentice and Berry Darns $80 2 ,95 7 .00* -o- 2,ll7,06l.oo•• 1,235.316.00 1,367,355.00 1,390,420.00 Total Eatimated Project Cost $6,913,109.00 * Coat of reach if box is extended north ** Coat of reach if box ia extended south *** Coat of reach if box is extended south Eatiaated Annual Maintenance Expenae Benefit-Coat Rati o $42,330.00 5.73 $8 02,957.00 -o - 2,046,913.00*** 1,017,775 .00 1,367,355.00 1,390,42 0.00 $6,625,4 20.00 $1,277,651.00 1 ,978,728.00 2,019,358.00 $2 2,30 0 .00 5 .76 To recap the coat auamariea of all the different alternatives under conaideration, the following table reflecta the estimated costs as reported in the 1976 atudy or the supplement entitled Project Cost Breakdovna, June 1977, which modif·ied and updated estimates in the 1976 atudy. The dollara in the table are 1977 dollars. Graaa-Lined Channel Alternative No. l * Alternative No. 2 $5,551,154.00 Alternative No . 3 6,582,278.00 Alternative No. 4 7 ,33 7 ,673.00 Alternative No . 5 6 ,913 ,1 0 9.00 McCall-Ellinqson Morrill •• Concrete-Lined Channel • $5,838,84 3 .00 6 ,661 ,949.00 7 ,14 9 ,11 8.00 6,625 ,4 20 .00 6,63 4 ,980 .00 • Not a via ble alternativ for comparison because it reflected a "do~nothinq" approa ch. •• Not a n option. -6- • I . • • - " ~ s 0 ~ ~ ~ en g ;-0 ~ ~ -! l u ~ ~ t) u ~ <> 0 ~ ,. ~ n ,-, ~ 0 ;l n lJ il c . J 0 ::0 -< i....l I • ,, ,., ;>; "0 r- l> z !' n I ~·~I • • - --------------.0 ~ I ,----- LITTLE • I • • ----··---=--....... ~•_'-_---- • - ,- i.l I • • • • .,· tewood School Sport s Progro)m Af fected -·· I, '.• • by Proposod Con&t.ruction I . . .. • ... ~ .. ' I Proposed · •rransporta .. tJ.on .. Tiae of Year Prc!ient Location Sito Needed ('Ctl.Vlty Frequ e ncy I ·.·. I ,.-: • 'L". 11 19h School lloya 0a1.ly Late August to ~iioball f'l.cJd JolSOO . 25 ' ~. ,• I Soccer End of OCtober Park ; ......... , 12. M1ddle School ' DAily L& te AU9UI t to Flood Fiold aates-Lo9an . 60 -70 ·. ··.~··· I lrd Wk. of Oct . Park . ' : Crade 9 Soccer 1). Cr&dea 9'10 aM I AUCJU.It 15 to Practice Foot-,,·, -Varsity P'oo~ll DA ily Nov-r 5 t..ll Field . ' ·1. Cr&dc 9 Soccer and 1-'oot..ball 1 Auquat. 1~ to I C&aea DAily I Nov-r 5 Se.diu. : ., 5. CrOll COunt.ry D&ily ; Fell All the 9rounda :' -p. Gi rls Varaity -.r , Much 1 to Practice Foot- i end loya l..at~reaM Deily , aiel-My bAll Field (7. Miclclle lc-1-: ......... 1 .. .. . I H•th ac._l ft-Deily a lei-My Stecli._ '· II , Grade t ..... 11 Deily I MUch 1 to Denny ltiller Jlollovi"" JO ' .u_...y Park I r · Varsity ler• Deily l ~tanhl .. kaCibell DeMy-lliller JO kaCibell I aiel-My F•eld 110 , c-nity-Deily 10, •• d ... ' Soccer Piolda 11> .. .. l zo' fall Datarainacl rl. .... ~aau (C:.U '-Dally -~ (h ... \110 koelaall riold ' 11> .. · .... , : . c.~~ ...... h •••••• ) tielcle r-larly othoc fiold a for De to rained ,. ~ I IAtion D ' -ida to~ pnctico !»>t pCICtl.CO - it i a Mt I --•lad) H. Phya i cel -tia Da ily .. •.. 10 .. lot Cllo1co-Foot:ball . ;•., I GrAci•• t 5 10 epproa . ...... 1 PrActice Field . 2nd Choice-Camera \ ot lluobell Fiolcl I .. Jrd Choke-extra ' rio lei I De ily l Mrch 1 to (OO.•n•t •~ar that . ~ ., I end of May llterMte f.1old La ncedod.) ,u . M144lo SC-1 COirle Deily ,.,.ret\ 1 to •lei-MAy l"loocl 1Atea•J..o9•n l5 Soccer * See llo~:e 6, .. See Note 7 l. All b>l aU Y-ift UO ..... rtatiMI ..at -· Feclanl ... Yletiou. l. Tho f •clllr.io• ceaa iclor .. •• •ppl.ac:Mle •lterut.e a.1t.ea aco a •l MY Miller , )600 .... til Delewue fer laa~l . b ) J••on '•rll, J"a~ aftlll QIUU\C)' (u Ml. 4of~, , &.tel•l.efe.A .... a tw soccer t!o l4 a ctiv 1-1e1 . 'J llellev•-Perk .. hlaall helcla Cw oo not cleUnedl l . nny lh l ler field will r .. Yiro tho eap ... ohtue of aonoy to pr .-.u to ace:-." v..ralty ba 11 . 1. Tho pr-ad ai .. a en ............. end ""'wlcl -to be coortli,.....,.. w til otllor c ty aeoncioa. 5 . ort•niaacl ... -~.,.,_ loy oc-la ere hoicl loa---r 1 to ,..rch 1. '· Po aaiale -fuec wiell .1o.!N' _d..,. -r ..-..nc1 loy c,..1_. ,...,. ......-.,,. 1 . Jollth o..wr .._ ,...... 11Ul1••...., of tM t el• and a1reaoly crutea a Mjor paca fO¥ tJ.elda. lntl-P..U _.._, ...... tlwlt thltir J'll'ltlr-1a eM fall v Ul .,..,. pdod~ -c 1111 ...._ ~U. of t1ald 1a ......, ~llwint t11o co•atr...:tion riod. Exf.l•B•• C.. • . ' . t !. }' t···· ;: . . •. ; .. • I '•> • .. . I .. .. "" ORDINANCE NO. SERIES OF 198~ •' • • - BY AUTHORITY A BILL FOR COUNCIL BILL NO. 1 4 INTRODU~ BY COUNCIL MEMBER ~ 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. WHEREAS, the City of Englewood has embarked upon a program of limiting Little Dry Creek to the confines of its channel in the City of Englewood; and WHEREAS, the goal is to prevent loss of public and private property to flood damage; and WHEREAS, School District No. 1, Arapahoe County, Colorado, Englewood Schools, desires to assist in controlling flood waters in the City of Englewood to protect, among other things, the school tax base; and WHEREAS, the City of Englewood desires to cooperate with and protect the School Board. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. There is hereby approved an agreement titled "Agreement Storm Water Detention Area" between the City of Englewood, Colorado, and School District No. 1, Arapahoe County, Colorado, as attached hereto and incorporated by reference as Exhibit A. Section 2. as follows: The aforedescribed Agreement generally provides 1) School's use for educational purpose is paramount use. 2) A nonexclusive easement is granted by th School District to the City of Englewood for storm wat r d tention over prop rty owned by the School District nd used for athletic purposes. 3) The School District shall r view and pprove final plana for construction of the storm water detention are . 4) Th City shall save and hold harml sa th School District and ita Board of Oir ctora ag inat any and all claims arising from th City's use of th d t ntion ar • I • • • • • 5) City shall not use the property in a manner that creates a nuisance; construction and maintenance shall be coordinated with the School Board and shall be at City's expense; City recognizes the need for open space and shall attempt to provide for the same along historic Little Dry Creek;City shall not make alterations unless approved by the School Board; City shall cause no liens to attach to the property; School's use shall not hinder capacity of the storm water holding area. 6) City shall properly insure the property. Section 3. The Mayor of the City of Englewood, Colorado, is hereby authorized to affix his signature to the aforedescribed Agree .. nt for and in behalf of the City Council of the City of Englewood, Colorado, and the ex officio City Clerk-Treasurer is authorized to attest the same. Introduced, read in full, and passed on first reading on the 16th day of February, 1982. Publi•hed as a Bill for an Ordinance on the 17th day of February, 1982. Atte•t: Eugene L. Otis, Mayor ex officio city Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify the above and fore- going 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 February, 1982. Gary R. Higbee -2- • I . -• • • EXHIBIT A AGREEMENT STORM WATER DETENTION AREA THIS AGREEMENT, made and entered into this ________ day of ---------------------' 1982, by and between SCHOOL DISTRICT NO. 1, ARAPAHOE COUNTY, COLORADO, by and through its Board of Education, hereinafter referred to as "District", and the CITY OF ENGLEWOOD, COLORADO, a Colorado municipal corporation, hereinafter referred to as •city•, WITNESSETH WHEREAS, the School District is the owner of certain real property located in the County of Arapahoe, State of Colorado, which is adjacent to Little Dry Creek; and WHEREAS, the City desires to construct a storm water deten- tion area as part of a public drainage project to provide for •100-year flood" protection from Little Dry Creek, adjoining the aforesaid property; and WHEREAS, the aforesaid property is suitable for the construc- tion of the needed storm water detention area which is in the best interests of the citizens of the District and the City by eliminat- ing risk of damage to lives and prop rty from Little Dry Creek flooding; and WHEREAS, the Diatrict can continu the uae of th aforeaaid property for its gen ral purposes following the reconstruction • I • • • - thereof to be used concurrently as a storm water detention area; and WHEREAS, the City is a public body pursuant to C.R.S. 1973, 32-11-101 et seq., and is a subdivision of the State pursuant to C.R.S. 1973, 22-32-110; and WH EREAS, it is necessary for the City to acquire an easement in certain property of the District in connection with the construction of the storm water detention pond as part of the drainage project ; NOW, THEREFORE, in consideration of the premises and other good and valuable consideration, hereinafter appearing, the parties hereto agree as follows: 1 . GRANT OF EASEMENT. The District hereby grants and conveys to the City an easement for the purpose of construction, use , and maintenance of a storm water detention pond upon the District property described as follows: Beginn ing at a point on the West line of Lot 30, Block 5, HIGGINS ENGLEWOOD GARDENS, from which the NW corner of said Lot 30 bears North a dis- tance of 5.57 feet; thence South along th w st line of Lots 30 to 25 Cinclusiv ) said Block 5 a distance of 17 4.7 3 f et to th North line of that parcel describ d in Book 1063, p 9 264, Arapaho County Records; th nc South along line 180 feet East of and par 11 1 to th W at line of the SE 1/4 of NE 1/4 a id S ction 3 a distance of 515 feet; th nc Eaat along a lin 515 feet South of nd par llel to the North lin of the SE 1/4 of NE l/4 said 5 ction 3 distanc of 44 0 feet; th nc d fl cting right 67• dis- tance of 75 fe t; th nc d fleeting l ft 49• a diatanc of 200 f t to th South lin of th t parcel d acrib d in Book 927, page 29, Ar p ho County R cords; th nc E at along a d South -2- I • • • • • line a distance of 140 feet to the sw corner of that parcel described in Book 855, page 542, Arapahoe County Records; thence East 155.1 feet and North 125 feet along the South and East lines, respectively, of said parcel described in Book 855, page 542; thence North a distance of 127.32 feet along the East line of that parcel described in Book 1403, page 41, Arapahoe County Records, to the South line of that parcel described in Book 1282, page 579, Arapahoe County Records; thence Southeasterly along said South line a distance of 13.52 feet; thence North along the East line of said parcel described in Book 1282, page 579, a distance of 196 feet; thence Northwesterly along the North line of Lots l, 2, and 3, SANDRA'S SUBDIVISION, a distance of 183.2 feet to the NW corner of Lot l, SANDRA'S SUBDIVISION; thence Northwesterly along the South line of that parcel described in Book 452, page 592, Arapahoe County Records, a distance of 327.2 feet to a point; thence Northwesterly to a point on the South line of Lot 25, Block 6, HIGGINS ENGLEWOOD GARDENS, from which the SW corner of said Lot 25 bears West 70.92 feet; thence Northwesterly along the North line of that parcel described in Book 1124, page 104, Arapahoe County Records, a distance of 75.2 feet to the NW corner of said Lot 25; thence Northwesterly to a point on the East line of Lot 23 of said Block 6, from which the SE corner of said Lot 23 bears South a distance of 2 feet; thence Northwesterly along the North line of that parcel described in Book 1094, page 600, Arapahoe County Records a distance of 132.85 feet to a point on the West line of Lot 22 of said Block 6 from which the NW corner of said Lot 22 bears North a distance of 3 feet; thence Northwesterly to a point on the East line of Lot 28, Block 5, HIGGINS ENGLEWOOD GARDENS, from which the NE corner of said Lot 28 bears North a distance of 5.72 feet; thence Northwesterly along the South line of that parcel described in Book 112 4 , page 103, Arapahoe County Records a distance of 1 4 5.09 feet to the Point of Beginning, Arapahoe County, Colorado. Storm water det ntion area, as us d in this Agre ment, sh 11 be a -3- • I • • • • • • constructed propor tioned reduction in the existing elevation of the aforesaid property by approximately six (6) to eighteen (18) feet, in order to form the bottom and sides of the detention area, along with other necessary excavation and construction generally in accordance with the attached sketch, designated Exhibit A, prepared by Sellards & Griggs Consulting Engineers. It is under- stood and agreed that final plans for this water detention area must be approved by the Board of Education of the District. Said water detention area shall be designed in accordance with Sellards & Griggs Report No. 75019-44, dated February 1978 (Exhibit B). 2. DURATION OF EASEMENT AND REVERSION OF INTEREST. The duration of the aforesaid easement shall be perpetual, subject to written modifications upon the mutual consent of both the District and the City, or their successors, or the termination by the City of the aforesaid easement in said property. The duration of the occupancy of the water detention area by flood wate rs is understood to be temporary and intermittent, dependent on weather conditions. The City agrees to promptly clean up any debris and deposits remaining after storm water has been returned to Little Dry Creek from the storm water detention area and pay the co sts thereof. 3. COMSIDERATION. The City shall pay as consideration to the District the aum of One Dollar ($1) per year, the rec ipt of ~ich i h reby confeaaed and acknowledged, and other good and valuabl considera- tion aa aet forth in this Agreement. -4- • I • • - • • • • 4. HOLD HARMLESS. The Ci ty agrees fully to save harmless and defend the District from all suits, actions, demands,or claims in law or in equity, arising out of the execution of this Agreement, or the use, construction, and maintenance of the real property herein described. The City shall be responsible for any litigation and shall pay the costs of suit, attorneys fees, appellate costs,and any other costs or expenses which may be assessed against the District as a result of any suit, demand, or claim filed concern- ing this Agreement. 5. OBLIGATIONS OF CITY. a. Purpose. The premises shall be used solely for the facility and purpose described in paragraph 1 above or for such other purposes as the District may approve. The City will not carry on or permit upon the premises any offensive, noisy, or dangerous activity or a .ny nuisance to the public or to the adjoining neighbors. The City will pay, upon demand , any damages to the premises caused by the misuse of same by it or its agents or its employees. The City shall not exercise any control over the routine use of the facilities by the District. Th City shall not use the facility to detain water except wh n in its best judgment said use is necessitated by virtue of storm or other emergency conditions. b. Construction -5- • I • • - • • • • The storm water detention area described above shall be constructed by the City at its sole cost and expense according to approved plans and specifications. The City shall maintain said detention pond and facilities and be responsible for costs neces- sary for use and maintenance of property as a storm water detention area. The District shall maintain all portions not related to storm water detention area purposes as the District determines necessary so long as the capacity of the storm water detention area is not diminished or infringed upon. It is anticipated that construction shall take one (1) year to complete from letting of bids for construction and returning facilities to a condition usable by the District. City agrees to take whatever steps are necessary to return facilities to a condition usable by District as near as practicable as that currently on the property and install permanent underground sprinkling system, all at City cost. The City shall provide District with City park facilities necessary for District's use to include those functions found on Exhibit C at the locations designated therein, for the period during the construction and in the future at such times as the water detention area is filled with storm water and not return d to a usable condition for District functions with in five (5) days of its temporary and int rrnittent use by storm waters. Th City's obligation to provide th District with City park faciliti s during t mporary and int rmitt nt us of the area by storm waters sh 11 continu until th City h a remov d -6- • I • • • • • any debris and deposits remaining after storm water has been returned to L i ttle Dry Creek from the area. The City agrees to pay all transportation costs using District's transportation facili- ties based on actual cost of transporting students and faculty to and froru school located adjacent to site of storm water detention area to the appropriate City facilities designated in Exhibit~, said actual cost based on District's normal unit operating expenses for transportation facilities, on a per pupil, per mile bas is , plus additional equipment and hiring of additional drivers neces- sary to carry out said purposes, the intent being for the District to recover not less than the exact costs of such transportation. District shall approve the construction schedule and City shall require sufficient security from the contractor to i nsure prompt execution of the work. Both parties understand that construction may take longer than one year but City shall insure that contractor, in no event, shall take more than one and one- half years to complete construction of the detention pond facilities. c. Little Dry Creek Improvements. The City agrees to construct improvements generally in conformance to Sellards & Grigg Report No. 75019-44 dated February, 1978, excluding the options to construct upstream dams. (Exhibit B). Th City recognizes then d nd d airability of providing open space and a ped strian and bicycl link betw n th District's property and the South Platte Riv r. Th City int nda to d v lop appropriat rout a in th vicinity of Historic Little Dry Cr k for such a link. Furth r, City r cogniz th n d to ~rov th g n r 1 pp r nc of downtown Engl wood nd int nda to d v lop a ath tic at nd rda th t opl ori nt d -7- • I • • • • • with landscaping and open spaces applicable to both public and private development in the City and consider ordinance changes to accomplish this goal. d. Alterations. With the exception of the interim facilities and initial completed construction of the storm water detention area, the City will not make or permit any alterations or additions to the premises or place any additional structures, facilities or equipment on the premises without the District's prior written approval. The City shall submit plans for minor remodeling to the Board of Education for approval. No major remodeling will be permitted that would preclude the District's use of the real property for its general purposes prior to this Agreement. Upon termination by City of the above-described easement in said property, City shall restore or replace any portion of the premises damaged or otherwise affected by such alterations, additions, structures, facilities, or equipment, unless such restoration repair was waived by the District at the time approval was given for such addition or alteration. The District sh& 1 approve construction schedules and the City shall require sufficient security from contractor to insure prompt xecution of work. e. Facility Expens s. The City shall pay (1) all lie nse, use, or other fees; (2) all wat r, electrici ty, s w r, or othe r utility or service charges ; and (3) all oth r op rating and c onstru ction expenses in conn ction with th construction, us and int n nc of that portion of th aforesaid pro rty us d as a storm wat r det ntion ar a. • I • - • • • • f. Compliance with Law. The City will comply with all applicable federal, state, county, municipal and other laws, ordinances, rules and regulations relating to all or any part of the following: (i) the premises; (ii) the operation of the facility conducted thereon; (iii) the maintenance of the premises; and the City shall refrain from using the premises in any way in violation of such law, ordinance, rule or regulation. g. Liens. The City will keep the premises free of all liens and/ or claims to be placed on the premises, for whatever reason, to be removed within 30 days after the City has knowledge of such lien; and the City agrees to release, indemnify and hold the District harmless from and against such liens and/or claims. h. Surrender of Premises. The City will, upon termination of its easement in said property, surrender the premises to the District, in a good order and condition, and when applicable, in compliance with the provisions of paragraph S(d). 6. COMPATIBLE USE BY DISTRICT. The District may make improvements and undertake construc- tion on the above-described property so long as such improvements and conatruction do not reduce the capacity of the site for storm water detention or reduce its hydrological fficiency for said purpoae. The Diatrict ahall request of th City its approval and the Ci ty ahall not withhold approval provid d the proposed construc- t on and iNprov m nt satisfy th storm wat r d t ntion requir rnents h r in. Th Dia rict'a us of th pro rty for ita pr a nt pur- -9- • I • -• • • poses as athletic field and for subsequent compatible uses approved by the City shall be deemed dominant and accommocated by the City if possible. 7. INSURANCE. The District shall continue its insurance coverage on the real property described herein during its use of the property for its general purposes. The City shall, in addition, include the above-described real property in its insurance coverage for loss resulting from the use of said property as a storm water detention area for liability in excess of the coverage maintained by the District, at the City's expense. Said excess coverage shall be obtained and kept in force during the term of this Easement Agreement and shall include, inter alia, a comprehensive public liability insurance coverage, insuring the District and the City against any liability ariaing out of the use, occupancy and maintenance, and all areas appurtenant thereto by the City in excess of coverage provided by the District. The City shall deliver to the District, prior to right of entry, copies of policies of insurance required herein, or certificates evidencing the existence of such insurance with a loss payable clause satisfactory to the District. No policy shall be cancellable or subject to reduction of coverage. 8. BINDING ON SUCCESSORS AND ASSIGNS. The terms and conditions of this Agr nt shall b binding on the auccessors and assigns of both parti a h r of. -10- • I • • • • • 9. REMEDIES UPON BREACH. In the event of breach of the terms and conditons hereof by either party the other party shall be entitled to specific performance of this Agreement or, in the alternative, the non- breaching party shall be entitled to damages suffered as a result of the breach. The District may not revoke or cancel this Agreement in the event of the City's breach but must resort to the remedies herein provided. IN WITNESS WHEREOF, the District has caused these presents to be executed by the President of its Board of Education and attested by the Secretary thereof, and the City has caused these presents to be executed by the Mayor and attested by the Director of Finance ex officio City Clerk-Treasurer. ATTEST: Secretary ATTEST: SCHOOL DISTRICT NO. 1, Arapahoe County, Colorado By ________________________________ _ President of ita Board of Education CITY OF ENGLEWOOD, COLORADO a Colorado Municipal Corporation By~~~~~~~~~~=--------Eug n L. Ot1a, Mayor Gary R. Higbee, Director of Finance ex officio City Clerk-Treasurer -11- • I • • • • ·I . . . .-. --=-----:-:~~~-· .:· ~--.J ___ ......:.:, ,!I t,! I I ~· ~· \)' I)' "~' : . i ! ' ... j I I !.EGENO ---~0 CONTOt.AS --EXISTING COIHOUIIS a • • -.I!I~HOAIIY ~ DE TENTIOti ~=A PE\I•SEil IIUO~ST 3, :930 ..&... :Y.\lUP.tL:\1 CUT 18 FEET !l.li~W.!U 1A CUT 6 F'EET AV(R!GE CC T 1).4 'EET • • - ..• •. ~7~'=",;:! .• ~· f ;~! •• •• :~--7·~·:-:.~:a .. : -~~~ .. -:~_:-~·;=-"' ·::.~ :.{~;··.::~· ... IIOU. Pille I -PIILD = ,..., = )4(1 F()('TI£LL FI(CO )f(J I Mel Jlt l'lt:lD JOO• 60 ... s J I ~ I ~ .. COIIIIOI ~ rx ~tlii.L JIE.O O':l.la.~ AS HOII( 1'\..&T[ 1'011 A ltC ... W:..L/ SOHI&U. ri(Lo PRELIMINARY SI<E7~H ENGLEWOOD HIGH SCHOOL DETENTION ARE~ PLAN • • :.; ., -· -· _,!-[D SY SELLARDS S GR :(;G ""'~'lt>G [loGI II![•S .IIU, I M() Sa G ~S J.t:O 7SOi t · ~-! sa~,·~l ··o. •tz ·:•?' -----···------------· • -• • - SUPPLEMENT T 0 1976 LITTLE DRY CREEK ALTERNATIVE DEVELOPMENT STUDY ENGLEWOOD~ COLORADO CONSULTING IENOINIEEitS fEBRUARY 1978 S & G No. 75019-44 SELLARDS & GRIGG, INC. 1141 w. COLFAX • IUITI 4 • IQUiftl 'LAZA LAKEWOOD, COLOftAOO 10211 ZJI ·1173 • I . • • • • F e bruary 1978 Su o lement to 1976 Little Dry Creek Alternative Development Study General Discussi n Following several public meetings and joint meetings between the Englewood City Council and · the Englewood School Board, at which the July, 1976, Alternative Development Study for Little Dry Creek within Englewood, Colorado, was presented and discussed, a new alternative (herein referred to as Alternative No. 5) was established. Alternative No. 5 mixes elements from the proposed solution in the McCall-Ellingson ~Morrill, Inc., report entitled "Major Drainageway Planning -Little Dry Creek," February, 1974, and Alternative No. 2 in the Sellards & Grigg, Inc. July, 1976 study. The 1974 atudy proposed a system of six upstream dams to reduce the peak runoff flow through Englewood to 4700 cfs during the pro- jected 100-year flood. The existing box conduit carrying Little Dry Creek underground near the Cinderella City shopping complex could be .. de to carry this flow with some modifications to the upstream end of the box. Under this proposal, the existing lead aection of 12' x 15' box would have a parallel cell added and a aingle cell 12' x 18' box would be extended from the present en- trance point at Girard Avenue and South Bannock Street to East Jefferson Avenue and South Sherman Street. The remainder of the Little Dry Creek channel would be concrete lined from South Sherman Street to South Clarkson Street. The primary reasons for concrete lining the channel were (1) to maintain the maximum amount of energy in the flowin9 water so that 4700 cfs could pass through the box and (2) to utilize existing channel rights-of-way so that it would not be neceasary to acquire additional property. All the alternative• in the 1976 study were based on the assumption that only two (Holly and Englewood) dams would exist in the fore- seeable future. For this condition, a peak runoff flow of 7000 cfa for the 100-year flood was predicted to be at South Clarkson Street. Alternative No. 2 proposed to reduce the peak flow to approxiaately 4000 cfa through a detention storage pond on the achool property between South Logan Street and South Clarkson Street on the aouth side of the Little Dry Creek channel. The existing lead aection of 12' x 15' box conduit would have a parallel cell added to handle thia flow. The remainder of the channel from East Girard Avenue and South Bannock Street to South Clarkson Street would be a graaa lined channel treated as usable op n space. Several aajor objection• to the Alternative No. 2 propos 1 are: (1) the detention pond would require excavation in all open are s north of the exiating football atadium and achool buildings, (2) the excavation waa ao deep that it encroached on the present level of ground water in the area, • • I • • l R I ( • • .. (3) the underground system for controlling ground water would re- quire full time pumping, (4) the size and depth of the detention pond area reduced the actual usable area for athletic fields from the present available space. Under Alternative No. 5, the City of Englewood would work with the Urban Drainage and Flood Control District to ultimately complete four daaa upstream. These would include existing Englewood dam and proposed Holly, Berry and Prentice Dams . The additional dams would reduce the peak flow entering Englewood at South Clarkson Street to 5100 cfs. A detention pond is proposed on the school property with a capacity of 136 acre-feet. This detention pond would reduce the peak channel flow through Englewood to 3800 cfs which could be made to pass through the existing box conduit by adding the previously mentioned parallel cell to the upstream sec- tion. The following is a more detailed discussion of the proposed improve- menta as they relate to this Alternative: Reach lz In the 1976 Sellards ~ Grigg report, each of the alter- natives with Lmprovements recommended a grass lined open channel froa the South Platte River to Sante Fe Drive similar to that pro- posed in the 1974 study. This would also be a part of Alternative No. 5. Alternative No. 2 proposed a grass lined open channel be- tween the outlet of the existing box conduit and the Santa Fe Rail- road brid9e (easterly bridge at South Santa Fe Drive). However, in Alternatives No. 2 and 5, with all the flow being carried by the box conduit, the option is available for the existing 12' x 18' box to be extended and turned to direct the flow westerly under the bridge. An energy dissipater would be required to reduce the velocity of the flow before it passed under the Santa Fe Railroad bridge. This option would raise the estimated cost for Reach 1 to $1,277,651.00, an increase of $474,694.00. The primary benefit of extendint the box this 600 feet would be to reclaim a parcel of land in a reasonably good location. However, this additional expenditure of money could be made at a future date and would not be required at the outset of the improvement project. Reach la The 12' x 18' portion of the box conduit would not require any .edification. It is proposed that a parallel cell be added to the ll' x 15' portion between the transition at the intersection of Girard Avenue and South Cherokee Street and the box entrance southeast of the intersection of Girard Avenue and South Bannock Street. The parallel cell would be very similar to that proposed in the lt74 McCall-Ellingson and Morill report and 1976 Sellards ' Gri99 report for Alternative No. 2. (The coat of this parallel cell h as been included with Reach 3 estimates.) Reach 3z This reach would be the same as that proposed for Alterna- tive No. 2 in the 1976 report. That is, a grass lined open channel -2- • I • j - • • .. from the entrance to the box conduit upstream to the bridge struc- ture at South Sherman Street. Consideration has been given to extending the box structure to a point on the Little Dry Creek channel south of Hampden Avenue. The major advantage would be reclamation of about two acres of sur- face land within a growing commercial area of Englewood. The major disadvantage is that this choice would block re-establishing Little Dry Creek as an open channel through the City . This choice would probably preclude the City from ever re-establ~shing an open channel route through the commercial areas of Englewood between South Bannock Street and South Santa Fe Drive. The estimated cost for extending the box is $1,978,728 or $68,185 less than the grass lined channel. The construction cost is higher, but we estimated acquiring only an easement for the box extension and not the entire half block as required for the open channel which results in the lower esti- mated price. Reach 4z The channel in this reach would be the same as for Alter- nat1ve No. 2 of the 1976 report. The detention pond capacity would be reduced froa about 225 acre-feet to 136 acre-feet. This reduc- tion in capacity would be achieved by raising the bottom of the previously proposed pond by four feet and by eliminating use of the area of the existing football practice field. This should raise the pond above the present ground water elevation and elimin- ate anticipated ground water problems for the athletic fields lo- cated in the detention pond. The estimated cost of the detention pond would be $1,367,355, a reduction of $316,154 from Alternative No. 2. In the 1'76 report, it was proposed to take water into the deten- tion pond by a aide channel spillway using Jefferson Drive as the weir and a brid9e at Pearl Street to control the flow. On addi- tional inveati9ation, it appears that if the extra flood water can be brought under South Clarkson Street in a structure paralleling the exiatin9 brid9e, it would be more efficient in handling the water and would eliminate any water from overtopping South Clarkson Street in a 100-year flood since the existing South Clarkson Street bridge is deai9ned to pass only 5000 cfs before the bridge is over- topped. Beyond Entlewood: Alternative No. 5 is based on three additional d&a8 biln9 built in addition to existing Englewood Dam. These daas would be Holly, Prentice, and Berry Dams. The construction funds for Holly Daa are being held in an acrow account by the Urban Drainage and Flood Control District. Prentice and Berry Dams were eatiaated in the 1974 report baaed on 1973 prices. Sine the Sellards • Grigg estimates were baaed on 1977 pric a, the 1974 esti- mates have been inflated at I\ per annum for four years. Thus, the 1977 eatiaated coat of these two dam. is $1,390,420. Th Urban Drainate and Flood Control District had a good fin ncial -3- • I • • • • .. / experience when t e Englewood Dam improvements were made at a cost well under the estimated cost at that time. Hopefully, this finan- cial experience would carry over to these future dams. The Sellards ' Grigg scope of work did not include looking at any other improvements outside of Englewood. The 1974 study did this based on the six dams concept. Portions of the overall project beyond Englewood identified in the 1974 study are other channel improvements on Little Dry Creek and Greenwood Gulch including a better physical connection between the two east of Clarkson. None of these improvements have been included in the estimates except for the construction of Prentice and Berry dams. Other Considerations A valid argum.nt against Alternative No. 5 is that it requires the eat~ted expenditure of $1,390,420 to construct two dams to reduce the eat~ted coat of the detention pond within Englewood by $316,154. HOwever, the larger detention pond in Alternative No. 2 is •very tight" and barely adequate for that proposal while the smaller detention pond of Alternative No. 5 is a properly sized element of this Alternative. The additional dams offer additional protection to anyone downstream from them when flood flows exceed in magnitude the anticipated 100-year event. Alternative Mo. 5 is similar to Alternatives No. 2 and 3 in the 1976 report in that they all still rely on a closed conduit with a fixed capacity to handle the peak runoff. Thus, when peak storm runoff coeea down the channel which exceeds this design capacity, the runoff flow in excess of the design capacity of the closed conduit auat travel overland. The risk also exists that the closed conduit aay become plugged or partially plugged which increases the flow overland. Properties within the existing flood plain would be subject to damage under these circumstances. Some thoU9bt should be given to the ultimate solution. That is, anything leas than re-establishing an open route for any flood flow is providing an intermediate solution. Alternative No. 4 was identi- fied as the alternative which would achieve the objective of re- creating an open channel route. The City should maintain an eye to the future even though it has a present need for a solution that is far leas reaching and perhaps displaces few r people th n aoae of the open channel routes defined in Alternativ No. 4. M n aade atrYcturea such as box conduits hav realistic d ign liv s. The existing conduit could be assumed to have a lif of 100-y r • Thus, if it has been in existence about 15 years, it could be expected to last another 15 years. Littl Dry Cr k and Gr nwood Gulch are 9004 examples of river channels which have b n alt r d and obliterated by man through years of land development. Each chanqe troa the original has made the next solution mor difficult. At the end of the life of thea structures, what will b done th n? -4 - • I • II • II • • II iJ • • • • • The benefit-cos t ratios must be supplemented by a set of environ- Jnental and social factors which are crucial to making the final de- cision. The following summarizes some of the advantages and dis-advantages rel ated to Alternative No. 5 • Alternative No. 5 -Flow Reduction through Detention Storage within Englewood and Four Dams Outside Englewood Advantages: 1. All the advantages listed for Alternative No. 2 in the 1976 report are applicable. 2. This solution becomes more multi-jurisdictional with the addi- tional proposed dams outside Englewood. Urban Drainage and Flood Control District, Greenwood, and Arapahoe County become involved. 3. ay changing diversion locations from near South Pearl Street to the east aide of South Clarkson Street, the remaining property north of the channel, west of Clarkson Street is removed from the flood plain. (This would be a new advantage for Alternative No. 2 also.) 4. All t .he properties along Greenwood Gulch downstream from Prentice and lerry Dams to Little Dry Creek would receive some level of flOOd pro tection. 5 . The depth and area of the proposed detention pond at the high •cbool athlet ic fields would be reduced. The average estimated depth of cut on school property would be approximately eight feet. 6. Ant.t.cipeted design problems at the detention pond such as pump- ing ground water should be eliminated. 7 . Anticipated peak 100-year flood flows reaching Englewood would be reduced by the additional storage outside the City. Disadvantages: 1. All the disadvantages listed for Alternative No . 2 in the 1976 report are a pplicable . 2. Acquisition of additional (presently undeveloped) property out- aide tbe City would be required for construction of dams. 3. The addition of Prentice and Berry Dama adda $1,074,266 to the coat of the project and reduces the benefit/cost ratio for En9lewood from 6.72 to 5.73 on the grass lined option. -5- • I • - UIJ bit Lll bl4 ~ !AI "* ~ ~ ~ ~ w ~ ~ • • • • Cost Summar y The summary of the cost estimates is as follows: Alternative No. 5 Reach 1 Grass-Lined Channel Concrete-Lined Ch a Reach 2 $802,957.00* Reach 3 Reach 4 Detention Pond Prentice and Berry Dams -o- 2,117,06l.oo•• 1,235. 316.00 1,367,355.00 1,390,420.00 $802,957.00 -o- 2,046,913.00*** 1,017,775.00 1,367,355.00 1,390,420.00 Total Eatimated Project Cost $6,913,109.00 * Coat of reach if box is extended north ** Coat of reach if box ia extended south *** Coat of reach if box is extended south Eatiaated Annual Maintenance Expenae Benefit-Cost Ratio $42,330.00 5.73 $6,625,420.00 $1,277,651.00 1,978,728.00 2,019,358.00 $22,300.00 5.76 To recap the coat •um.ariea of all the different alternatives under conaideration, the following table reflecta the estimated costs as reported in the 1976 atudy or the supplement entitled Project Cost BreaJtdowna, June 1977, which :nodif·ied and updated estimates in the 1976 atudy. The dollara in the table are 1977 dollars. Graaa-Lined Channel Alternative No. 1 * Alternative No. 2 $5,551,154.00 Alternative No. 3 6,582,278.00 Alternative No. 4 7,337,673.00 Alternative No. 5 6,913,109.00 McCall-Ellinqaon Morrill ** Co n crete-Lined Channel * $5,838,843.00 6,661,949.00 7,149,118.00 6,625,420.00 6,634,980.00 * Not a viable alternative for comparison because it r f leet d a "do~nothinq" approach. ** Hot an option. -6- • I . • • - c , !: ... ... r ,.., c ~ -< r I :..-' • "· ,.., :ot ~ ... I )!:; ..... • • • - • I I 01 ., . I I I • • - ) I - :. 1\=tl.Vl ty Frequency I Jll.9 h School Boya O.ily • • • tcwood School Sports Program Af f ected by Proposed Constructi on Tiae o f Year Present. Locat1.on tAte Augus t to &.ls.::boll Fl.Old -·· .~ .. ' Proposed Transportll.t.ion Site Needed ' Jason . 25 ' .· ( Socce r End ot OCtober hrlt ·.··, 2. >11ddle School ' DAily LAte A\tlji'Uit to Flood Pald htes -Lo9a.n . 60-70 ' . .· I Cr&de 9 Soccer 3 rd Wk . of Oct . Park I jl · Cr&d ea 9'10 aM -I J\uguot lS to Pr•cti ce Foot- ' Varsi ty P'oot.ball Dal.ly 1 Nov.-.r 5 ball Field ' "· Cr.adc 9 Soccer and FootbAll 1 Auqust 15 to .. I c;,.. •• DAily I Nove-r 5 S tadiua 15. Cross Country DAily j FAll Jill the grounds •. ~-Ci rla Varsity lecc:er -l Pr.acti cc Foot-, MArch to i and •oys t.aniM DA ily 1 ILld-MAy bAll Field ~-Mi .. le SC-l .... : MAI'ch 1 t.o I ll>th Sctwol fta ck Deily •id•My SUdiua II. Grade t laa-11 DAily I MUch 1 t.o Denny Millar Bclloviuw 30 ' : •i•·My Park I P· Vars ity eo,a Deily I ~~arch 1 t.o a..ob&ll O.My•Nillor 30 lueb&ll :.u-x.y Field lO . C-.>ity --Daily 10\ -i"' ' Soccer l'ieldo ,., Be •• 1-20\ fell Detera~.ned l. aaaeiNl l (C.lt ~ Dally ·-.. c ~-· u•• a.uaba 11 Field ' ,., .. - tl\re"1!h a .P.D.I fieUa r...,larly other fialdo for O.tanainad ,. : I Letion I '-i.rU for ~actice but. prACUCe -.. ' i t: 1 1 Mil: I ·. ...-.1 .. 1 l2. Phyai cd -u.. Daily .. •.. 10 to lot Choice-Footl>all . .. ' C.l'&d.ee t ' 10 Appi'Oll. IIDY . 1 PrActice Piold - 2nd Choice-cornen ' of heobAll Field ' .. Jrd Choice-&xtra . ' l'iald ' i Da lly !MArch 1 co (OcMian • t. APJN&r that .. ..... , I 8nd of IWiy a lternate f.a.ol4 u n e eded.) ,u. Mul41l e Sc,_l Cihla Da ily Socce r ""rei\ 1 to •id•MAy Ylood ~··•-l.o9•n lS See Note 6, •• Seo Note 1 Ko t.e a to above uale * 1. Jill buo ....... in tra ne,.rtation ..at -• reclerel Jletuln ona . ~. The f a c i l i c:iee cena i<Jer .. •• appl.a.cable al tecnAte aitea ar•• a ) Oe ftny Mille r, l600 IMth Delaware for a...-.11. b) J at~on ,ark, J aaen ai'Mt Ouincy (uao not. defined) c) lates-t.otan Park tee aoccer f.1.eld ectiviu••· d l ••llev•-Pult S.f<Mll fulda (uoe not •efinecll l. De nny H.a.ller tiel• will r .. \l.ire t.he ••a-nditt.&re ot 80My to vc ~r• to acc~to v•ra.a.ty e~ll . •1. 'nl propooad oitoa ue t&ftt.t va a JWI ""ul• ..-to bo cooclliowtecl vi th otl\ar City a.,....,ioa. s . 100 orta ni&M ... -pc.,r_ lor ""'-1• are heU loe..,.en --1 t.o "-roll 1. a. rauU.1a -run wllll JlalN _d..,. -r .,......... -, llltl_. Pena ~·· 1. Iouth Dlflwr .._ ,..,... 11tili•• -r of t.11e t aU. and alroody crutaa a Mjor ,PUdl tor fulda. Entlevood Puta .......... ,.... thet their protr-ia the fall vill have pd•ri'Y -.: 1111 "'*' r~UOII ot f ield spa ia ....., d1Win9 tho COli tuct 011 porlod. 'E)('~ •8•1" c.. ' . ... : It .. . I .. , I ·. 1·. r. : I. '·· I· I. 1:·_. ' r r .. · ' ' ,, [··· j·.: i: I• I ;,· I. I. r· :· I II 'I ( r- l I ~ • '·~· ' ! L:' •• I ' " r. ' .. .. [.: • ~·· I ' '. '· ' ' I .. :, -• • .. - 7.:T BY AUTHORITY ORDINANCE NO. SE RIES OF 198~ A BILL FOR COUNCIL BILL NO. 6 INTRODUCE~ ~y COU NCIL MEMBER ~ .-t tj AN ORDINANCE APPROVING THE TRANSFER OF REAL PROPERTY TO THE EMKAY DEVELOP MENT IN RETURN FOR REAL PROPERTY IN ORDER TO SIMPLIFY THE PROPERTY LINE BETWEEN TI>JO PARTIES' OWNERS HIP . WHEREAS, City Co uncil of the City of En glewood owns certain real property located in the Southeast l/4 of Section 32, Township 5 South, Range 68 West of the 6th Principal Mer idian, Co unty of Arapahoe , State of Colorado , as hereinafter described; and WHEREAS, the EMKay Development owns the property immediately adjoining that of the City of En glewood; and WHEREAS, the parties seek t o realign the property lin e separating thes e two parties' property; and WHEREAS, the value of the exchange is equal given that similar areas are exchanged immediately adjacent to one another . NOW, THEREFORE, BE IT ORDAINED BY T HE CITY COUNCIL OF T HE CITY OF ENGLEWOOD, COLORADO: Section l. City Council of the Ci y of Englewood hereby approves the transfer of real proper y o E Kay Development pursuant to Warranty Deed . Said Warran y Deed to b in standard form wi h the following legal d scription r nsf ring proper y to EMKay Developmcn : PARCEL A A pareel ot land loeated In the Southeast one-quartw of Section 32, Township 5 South, Rance 81 West ot the Slxth Principal Meridian, City ot Littleton, County o! Arapahoe, State ot Colorado belnc more partleularly deaerlbed u toUowa: Comm enelnr at th South one-quarter corn r ot Section 32, Township 5 South, Rance U West from whence the South ast comer ot said Seetlon 3% bears sat• 54'00"! • distance ot 21541.04 teet; Thence Noo• 32'04"E alone th west Una o! th Southeut one-quartw ot said S etlon 32 a dlstanc o! 850.51 feet to the Northwest Com r of the Southwest one~uartw ot the outhw t one-quarter ot th Southeast one-qu artw or sa id Seetlon 32, also belnr the TRUE POINT OP BEGINNING; • I • • • - Thence continuing Noo• 32'04"E along said west line or the Southeut one-quarter ot said Section 32 a distance or 68.94 feet; Thence S57. 03'09"£ a distance or 126.96 teet to a point on the north line or the Southwest one-quarter or the Southwest one-quarter or the Southeast one-quarter ot said Section 32; Thence Nag• 56'20"W alonr said north line or the Southwest one-quart .. ot the Southwest one-quarter or the Southeast one-quarter or said Section l2 a d istance ot 107.19 teet to the TRUE POINT OF BEGINNING, containinc 0.015 acres (3510 square teet), mor6 or lea. PARCELC A parcel or land located in the Southeast one-quarter ol Section 32, Township 5 South, Rance 88 West or the Sixth Principal Meridian, City or Littleton, County or Arapahoe, State ot Colorado beinc more particularly dueribed u toUowa: Commencine at the South one-quarter corner ot Section 32, Township 5 South, Rance 88 W•t from whence the Southeast comer of said Section 32 bears sat• 54'00"1 a distance of 2141.04 feet; Thence Noo• 32'04"£ alone the west Una or the Southeut one-quarter or said Section 32 a distance or 110.11 feet to the Northwest Comer of the Southwest one-quarter ot the Southwest one-quarter of the Southeut one-quarter or said Section 32; Thence sat• SIS'20"E alone the north line or the Southwest one-quart.. or the Southwest one-quarter or the Southeast one-quarter of said Section n a distanee of 330.0T f"t to the Northeast Corn• of the West one-hall of the Southwest one- quarter of the Southwell one-quarter or the Southe .. t one-quarter of said Section 32J Thence soo• 31 'U"W alone the eut line of the West one-halt ot the Southwest o ne~uarter of the Southwest one-quarter of the Southeast one-quarter or said Section 32 a dlstanee of 143.31 r .. t to the TRUE POINT OP BEGINNING; Thence SST• 03 '0t"E a distance ol 344.12 feet to a point on the north line ol the Sou the .. t one-quarter or the Southwest one-quarter or the Sou t hwest one-quarter of the Southeast one-quart .. of sa.ld Section 32; Thence Nil• 55 '1 0"W alone the north line o f the Southeut one-quart• of the South we ll one-quarter of t he Sou thweat one-quarter o f the louthea~t one-qua rte r of Qfd S.etlon 32 a distance of 211.01 feet to the Northwest Corn .. of the Southealt one-quarter of the Southwest one-qua rter or the Southwell on e-qua rte r of the Southeut one-quart• of sa.ld Section 32; Thence Moo • 31'45"! alone the eut lin e of the West one-half of the Southwest one-quarter or the Southwest one-quarter of the Southeast one-quart e r or said Section 32 a distanee of 117.01 feet to the TRUE POINT OF B!GINNING, eontainJnc 0.525 acres (27220 square feet), more or le•. -2- • I • - • • • • PARCEL E A parcel of land located In the Southeast Of\4Hluartw ol Section 32, Township 5 South, Rance II Welt of the Sixth Principal Meridian, City of Littleton, County of Arapahoe, State of Colorado being more partieularly dnerlbed u foUow8: Commenelne at the South one-quartw eornw or Seetion 32, Townlhip 5 South, Rance 81 West from whenee the Southeast comer of said Section 32 bears sat• 54'00"E a distanee of 2841.04 feet; ' Thenee Sat• 54'00"E alone the south Une of the Southeast one--quart.. of said Section 32 a dlstanee of 990.39 feet to the Southeaat Comer of the South one-halt or the Southwest one-quarter or the Southeast one-quart .. ol the Southwest one- quarter or the Southeast one-quarter or said Seetlon 32; Thenee Noo• 31'05"E alone the eut Une of the South one-hall of the Southwell one~uarter or the Southeast on~uarter or the Southweat on~uarter or the Southeast one-quarter of said Seetlon 32 a dbtanee of 115.33 to the Northeut Co>mer of the South one-halt of the Southwest on~uarter of the Southealt one- quarter or the Southwest one~uarter or the Southeut one-quart .. or said Section 32J Thence Nat• S4'35"W alone the north Une or the South one-halt or the Southwest on~uarter or the Southeast o~uarter or the Southwest on~uarter or the Southeast on~uarter of said Section 32 a dlatanee ol 201.14 feet to the TRUI POINT OP BEGINNINGJ Thenee contlnuinc Nat• 54'3S"W alone said north Une ol the South one-halt of the Southwell one-quart .. or the Southeast on~uarter or the Southwell ~rter or the Southeast one-quart .. ot aid Section 32 a diatanee ot 121.1T feet to the Northwest Comer or the South one-halt of the Southwest on~uarter of the Southeast one-quarter ot the Southwest one-quartw ot the Southeut one-quart .. or said Seetlon 32; Thenee Noo• 31'25"£ alone the eut Une of the Southeut one-quart., ot Southwest o~uartw or the Southwest on~uarter or the Southeast one-quarter or said Section 32 a dlstanee or 140.14 feetr Thenee SST• 03'09"E a distanee of 152.05 feet; Thenee Soo• OI'OO"W a dlstanee of 5'7 .14 feet to the TRUE POINT OP BEGINNING, contaln lne 0.292 acres (12'700 square feet), more or 1 ... Section 2. In consid ration of th foregoing transfer to EMKay oevelopm nt, E~Kay shall, by Warran~y D ed, tr nsfer to the City of Engl wood that p rc 1 of land leg lly described as follows: -3- • I . • • .. - PARCEL 8 A parcel of land located In the Southeast one-quarter of Section 32, Township 5 South, Rance 61 West of the Sixth Principal Meridian, City of Littleton, County of Arapahoe, State of Colorado being more particularly described u follows: Commenclnc at the South one-quarter corner of Section 32, Township 5 South, Rance Sl West from whence the Southeast comer of said Section 32 bears sat• 54'00"E a distance of 2841.04 feet; Thence Noo• 32'04"E alone the west line of the Southealt one-quartw of said Seetlon 32 a distance of 880.88 feet to the Northweat Comer of the Southwest one~uarter of the Southwest one-quarter of the Southeast o~uartw ot said Section 32; . Thence sat• 56'20"E alone the north line of the Southwest one-quartw of the Southwest one-quarter of the Southealt one-quarter of said Section U a distance of 107 .19 feet to the TRUE POINT OF BEGINNING ; T hence eontlnulnc Sat• 58'20"E alone the north li ne ol the Southwest one-quarter of t he Southwest one-quarter of the Southealt one-quarter of said Section 32 a distance of 222.88 feet to the Northeast Corner of the West on.-hall of the Southwest one-quarter of the Southwest one-quarter or the Southeast one-quarter of said Section 32; Thence soo• 31'45"W alone the ealt line of the Welt o n.-hall of t he Southwest one-quarter of the Southwest one~uarter of the Southeast one~uarter of said Section 32 a dlstanee of 143 .38 feet; T hence N57• 03 '0t"W a distance of 264.02 feet to the T .RUE POINT OF BEGINNOfG, eontalnfnc 0.387 acres (15110 square f eet), more or 1 ... P AR C EL D A parcel of land loca t ed In the Southe ast o~uarter of Section 32 , Township 5 South, Rance 68 West of the Sixth Principal Meri dian, City of Little ton, County of Arapahoe, State of Colorado beln( more particula rly described u foUo wa: Com menclnc at the South one-quarter corner of Section 32, Township 5 South, Ran ce 61 West from whence the Southeast comer of sa id Section l2 bea rs s 89• 54'00"!. distance or 264 1.04 feet; Thence s19 • 54'00"E alone the south line of the Southeast one-quart er of said Section 32 a distance of tt0.3t feet to the Southeast Comer or the South on~a lf of the Southwest one-quarter of the Southeast one-quarter ol the Southwest one- quarter of the Southeast one-quarter or said Section 32; Thence Noo• 31 '05"E alone the east line or the South one-hall of the Southwe st one-quarter of the Southeast one"1Juarter or the Southwe st on e~u a rt e r of the Southeast one-quarter of said Section 32 a dilta nee ol 11 5.33 to t he Mor theut Comer or the South one-half or the Southwest one-qua rte r of the Southea st one - quarter of th Southwest one-quarter of the Southea st one-quarter of said Section 32; -4-.. • , I • • • • Thence Nst• 54 '35"W alone the north line of the South one-half of the Southw est one-quarter of the Southeast one-quarter of the Southwest one-quarter o f the Southeast one-quart er of said Section 32 • distance of lJO.ll feet to the Northwest Comer of the South one-halt of the Southwest one~uarter of the Southeast one-quarter of the Southwest one-quartw ol the Southeut on&-quartw of said Seetlon 32; Thenee Moo• 31'25 "£ alone the east line of the Southeut one-quartw of th ~ Southwest on~artw of the Southwest one-quarter of the Southealt one-quarter of said Seetlon 32 a distanee of140.14 feet to the TRUE POINT OP BIGIHHIHG; Th'"ce Nn• 03'09"1f a distance of 41.31 to a point on the north line of the Southealt one-quarter of the Southwest one-quarter of the Southwell on...-quarter of the Southeast one-quarter of said Seetion 32; Thenee Sat• 55'10"E alone said north line of the Southeast one-quartw of t he Southwest one-quarter of the Southwest one-quarter of the Southe .. t one-quarter of said Seetion 32 a dfatanee of 39 .0t feet to the Hortheut Cornw of the Southeast one-quarter of the Southwest one-quarter of the Southwell one-quarter of the Southeast one-quarter of saJd Section 32; . Tl'lenee soo• 31'25"W alone the east Una of the Southeut one-quartw of the Southwest one-quarter of the Southwest one-quarter of the Southealt one-quarter of said Seetfon 32 a distanee of 25 .14 feet \O the TRUE POIN T OF BE GIHHI.NG, c on t a inlne 0.011 acres (490 square feet), more ar le•. PARCEL P A parcel of land located i n the Southeast one-quartw o f Section 32, Township 5 South, Ranr• 81 West of the Sixth Princ ipal Me ridian, C ity of Li ttleton, County of ... Ara pahoe, Sta t e of Color ado belnc more particularly dueribed u foUowa: Comm encinc a t the So uth one-quarter corner of Section 3 2, Townsh ip 5 Sou th, Ranre 81 West f r om whence the Southeast comer of &a id Sec t ion 32 bears Sat• 54'00 "1 a df stanee ot 28 41.04 feet; The nee Sat• 54'0 0"£ alone the south Un a of the Southeut one-quart w of &aid Section 32 a distance of 990.39 feet to the Southeut Comer ot the South OM-ha ll of the Southwest one-quarter of the Southe .. t one-quarter ot the Southwest one- quarter of the Southeast one-quarter of said Section 32; Thence .Noo• 31'05"£ alone the east line or the South one-half of the Southwe st one-quarter of the Southeast one~uarter of the Southwest on.:.qua rte r of the Southeast one-quarter of said Sectron 32 a distance ot 30.00 feet to a point on the north rlrht-of-way line of County Line Road, also beintr the TRUE POIHT OP BEGINNING; Thence NISI • 54'00"W alone said north rfrht-of-way line ot County Line aoad bair• 30.00 Coot north of and parallel to the south line of the Southe .. t one-quarter of said Section 32 a distance of 200.35 feet; Thence Moo• OII'OO"E a distance ot 135.30 feet to a point on the north line ot the South one-half of the Southwest one-quarter of the Southe .. t one-quarte r of the Southwest one-quarter of the Southeast one-quarter ot &aid leetlon U; -5- • I • • • • • Thenee Sat• 54'3S"E alone the ncrth line ot the South one-halt ot the Southwe.t o~uart ... ot the Southeast one-quarter ot the Southwut Ofte-oquartw ot the Soutf!eut Gne-quart• ot said Seetion 32 a diltanee ot 201.34 teet to the Northeut Corner ot the South one-halt ot the Southwut one-quarter ot the Southeut OM-quart .. ot the Southwest Olle-qllart .. ol the Sout~~eut G~~e-quart., ot aid Section 32; Thenee SOe»-31'0s•w aJonr the eut line ot the South one-halt ot the Southwest on~uarter ot the Southeast one-quarter ot the Southwest OM-quarter ot the Southeast Cine-quart .. ot said Section 32 a distance ot 135.33 t .. t to the TRUE POINT OP BEGDfHINO, C!Ontafnfng 0.624 aera (21180 ~uare teet), more cr J.._ Section 3. EMKay shall construct a fence along the property line of the parties as approved hereby. r~act location, grading, and specifications shall be as approved by the City Engineer and Director of Public Works. Section 4. That the City Council of the City of Englewood hereby authorizes the Mayor of the City of Englewood to affix his signa- ture to the Warranty Deed herein described in Section 1 and authorizes the Director of Finance, ex officio City Clerk-Treasurer, to attest the same. The City Council of the City of Englewood hereby authorizes the City Manager and City Attorney to prepare and deliver those documents necessary to effectuate the purposes of this ordinance . Introduced, read in full, and passed on first reading on the day of February, 1982. Published as a Bill for an Ordinance on the February, 1982. day of Attest: Eugene L. Otis, Mayor ex officio City Clerk-Treasurer -6- • I • • • • • I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the fore- going is a true, accurate and complete copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the day of February, 1982. Gary R. Higbee _,_ I • • • • • 7..::J BY AUTHORITY ORDINANCE NO. SERIES OF 198~ A BILL FOR COUNCIL BILL NO. 6 INTRO~ BY COUNCIL MEMBE~4 ~ .. - AN ORDINANCE APPROVING THE TRANSFER OF REAL PROPERTY TO THE EMKAY DEVELOPMENT IN RETURN FOR REAL PROPERTY IN ORDER TO SIMPLIFY THE PROPERTY LINE BETWEEN TWO PARTIES' OWNERSHIP. WHEREAS, City Council of the City of Englewood owns certain rea l property located in the Southeast 1/4 of Section 32, Township 5 South, Range 68 West of the 6th Principal Meridian, County of Arapahoe, State of Colorado, as hereinafter described; and WHEREAS, the EMKay Development owns the property immediately ad joining that of the City of Englewood; and WHEREAS, the parties seek to realign the property line separating these two parties' property; and WHEREAS, the value of the exchange is equal given that similar areas are exchanged immediately adjacent to one another. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COU NCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. City Council of the City of Englewood hereby approves the transfe r of real property to EMKay Development pursuant to Warranty Deed. Said Warranty Deed to b in standard form with the following legal description transfering property to EMKay Development: PARCEL A A pareel of land loeated In the Southeast one-quart .. ot Seetion 32, Township 5 South, Ranre 81 West or the Sixth Prlnelpal Meridian, City or Littleton, County or Arapahoe, State or Colorado belnc more partleularly de.erlbed u foUowa: Comm nelnc at the South one-quart eorner of Seetlon 32, Township 5 South, R.anc 81 W st from wh nee the Southeast eomer or said Seetlon 32 beara sat• 54'00"1 • dist&n of 2641.04 feet; Thenee Noo• 32'04"1 alone th west Une of the Southeast one-quartw of said S etlon 32 a dlstane of 880.811 feet to the Northwe1t Comer of th e Southwe•t one-quart_. ot th uthwe1t one-quarter of the South ut one-quartw ot laid Seetlon 32, also belnc the TRUE POINT OP BEGINNING! • I • • -• • - Thence contlnufnc Noo• 32'04"! alone said west Une ot the Southeut one-quartw ot said Section 32 a distance ot 68.94 teet; · Thence S57• 03'09"E a distance ot 126.96 teet to a point on the north Une ot the Southwest one-quarter ot the Southwellt one-quarter ot the Southeallt one-quarter ot said Seetlon 32; Thenee Nat• 58'20"W alone said north Une ot the Southwest one-quartw ot the Southwest one-quarter ot the Southeast one-quarter ot laid Section J2 a distanee ot 107.11 teet to the TRUE POINT OF BEGINNING, eontaininc 0.015 aeres (3110 square teet), mo~ or le•. PARCELC A parcel of land loeated In the Southeast one-quart_. ol Seetion 32, Township 5 South, RanKe 81 West of the Sixth Prlneipal M•idian, City of Littleton, COunty ot Arapahoe, State ot Colorado beiftc more particularly dac!rlbed u follows: Commeneine at the South ~· corn• ot Seetion 32, Township 5 South, Rqe 81 W•t from whence the Southeast eomer of laid Section 32 beara sat• 54'00"'a distance ot 2141.04 teet; Thence Noo• 32'04"£ alonc the west Une of the Southeast one-quartw ot said Section 32 a distance of 180.81 feet to the Northwest Comer of the Southwest one-quart• of the Southwnt one-quartw of the Southeut one-quartw ot said Section 32J Thence sat• 51'20"£ alone the north Une of the Southwest one-quartw of the Southwellt one-quarter of the Southealt one-quarter of Aid Section J2 a distanee of 330.07 feet to the Northeut Corn .. ot the West on~ of the Southwest one- quart• of the Southwest one-quarter of the Southealt one-quarter ot aaid Section u, Thence soo• 31'45"W alone the east Une of the West ~alt ot the Southwest one~uarter of the Southwest one-quarter of the Southeast one-quarter of aaid Section 32 a clstance ot 143.31 feet to the TRUE POINT OP BEGINNING; Thence an• 03'0t"E • clstanee ol 344.72 feet to a point on the ncrth lne ol the Southealt one-quart• of the Southwell one--quarter of the Southwell one-quarter of the Southeast one-quartw of aid Section 32; Thence Nat• 55'10"W alone the north line of the Southeut one-quarter of the Southwell one-quarter of the Southwell one-quarter or the louthealt one-quarter ot said Section 32 a distance of 211.01 feet to the Northwest Cornw of the Southeelt one-quart• of the Southwest one-quarter of the Southwell one-quarter of the Southeast ~uart• of aid Seetlon 32; Thence Moo• S1'45"E alone the east Une ot the Welt one-half of the Southwest one-quarter of the Southwest one-quarter of the Southeast one-quarter of A id Seetlon 32 a distance of 117.09 feet to the TRUE POINT OP BIGINNING, containlne 0.825 acres (27220 square feet), more or 1 ... -2- • I . • • • • PARCELB A parcel of land located In the Southedt ~uart• of Section U, Township 5 South, Rance sa Welt of the Sixth Principal Meridian, City of LltUaton, County of Arapahoe, State of Colorado belnc mora particularly daerlbad u follow• Commenelnc at the South on~uart• earn• of Section 32, Townlhlp 5 South, Rance sa West from whenee the Southeut eomer of said Seetlon n bears sit• 54'00"8 a distance of 2841.04 feet; · Thenee Sat• 54'00"8 alq the IIOUth Une of the Southeut ~uart• of said Section 32 a distance of IIO.St f .. t to the Southeut Corn• of the South ~ of the Southwell one-quarter of the Southeut ~-ol the Southwest one- quarter of the Southeast ~uart• of laid Beetlon 32; Thenee Moo• 31'05"8 alone the eut Una of the South one-half of the Bouthwut on~uart• of the Southeast ~-of the Southwest ~uarter of the Southeast one-quarter of said Seetlon 32 a dlstanee of US.U to the Mortheut (A)m• of the South one-half of the Southwell one-quarter of the Southall one- quart• of the Southwest on~uart• of the Southeut one-quart• of aid Section 32; Thence Kat•s4'35"W alone the north Une ot the South~ ol the louthwut one-quarter of the Southeast one-quarter of the South ... t on~uarter of the SoutheaSt one-quarter of said Section 32 a distance ol 201.J4 feet to the ftUI POINT OP BEGlKKDfG; Thenea contlnuinc Kit• 54'S5"W alone said north Une ol the South one-half of the Southwell ~· of the Southealt ~rter of the Southwell on~er of the Southeut one-quart• of aid Section 32 a clatanee ollti.TT feet to the Korth..-t Comer of the South one-halt of the Southwest ~uarter of the Southaall one-quart• ol the Southwelt ~uart• ol the loutheut one-quart• of aid SeetJon 32; Thanea Moo• 31'25"8 alone the eut Une of the Southeut one-quart• ollouthwut one-quarter of the Southwest one-quarter of the Southeast one-quarter of said Seetlon 32 a clatance of 140.14 f .. t; Thenee SsT• OS'Ot"B a clatanee of 152.05 feet; Thenea soo-OS'OO"W a dlltance of 57 .S4 feat to the TllUI POINT OP BBGIKMIMG, eontalnlnc 0.212 aeras (12700 ~quare feet), mora at lea. Section 2. In consideration of he foregoing transfer to EMKay Development, EMKay shall, by Warranty Deed, transfer to the City of Englewood that parcel of land legally described as follows: -3- • I . • • - PARCELS A parcel of land loeated In the Southeast one-quarter of Section 32, Township 5 South, Rance 61 West of the Sixth Principal Meridian, City of Littleton, County of Arapahoe, State of Colorado belnc more partleularly described u follows: Commenclnc at the South on~uart.. corner of Section 32, Township 5 South, Rance sa West from whenee the Southeast comer of said Section 32 bears s19• 54'00"E a dlstanee ot 2841.04 feetJ Thenee Noo• 32'04"E alone the welt Une of the Southeast on~uarter of said Section 32 a distance of 610.11 feet to the Northwut Comer of the Southwest on~uart_. of the Southwest one-quarter of the Southaut one-quartw ol said Section 32; . Thence sag• 56'20"E alone the north Une of the Southwest one-quartw of the Southwest one-quart_. of the Southeast one-quarter of uid Section 12 a diltanee of 107.19 feet to the TRUE POINT OF BEGINNING; Thence contlnuinc s89• 51'20"E alone the north Une ol the Southwest one-quarter of the Southwest on~uarter of the Southeast one-quarter of uld Section 32 a distanee of 222 .11 feet to the Northeut Corner of the Welt one-half of the Southwest on~uarter of the Southwest one-quarter of the Southeast one-quarter of said Section 32; Thence soo• 31'45"W alone the east Une of the Welt one-halt of the Southwest one-quarter of the Southwest one-quarter of the Southeast one-quarter of uid Section 32 a distance of 143.31 feet; Thence N57• 03'09"W a distance of 264.02 feet to the TR.UB POINT OF BEGINNING, eontalnlnr 0.31'7 acres (15810 square f"t), more or 1 ... PA RC EL D A pareel of land located In the Southe a st o ~uart .. of Section 32 , Township 5 South, Rance Ill West of the Sixth Principal Meridian, City of Little ton, County of Arapahoe, State of Colorado beinc more particularly described u follows: Commenelnr at the South o~uarter cornw of Section 32 , Township 5 South, Rance II West from whence the Southeast come r of uid Section U bea rs su• 54100"B • dl.stanee of 2641.04 feet; Thence sat• 54'00"1 alone the south Une of the Southeast one-quartw of said Sectlon 32 a distance of 990.39 fe e t to the Southeast Comer of the South on~a lt of th Southwest on~uarter of the Southeast one-quart w ot the Southwut one- quart r of the Southe st one-quartw of uld Section S2 ; Th nee Noo• 31'05"! alone the east Une of the South one-halt of the Southwe st on~uarter of the Southeast one-quarter of the Southwes t one-qua rte r of the Southeut one-quarter of said Section 32 a dlst a nee ot lii.SS to the M'ortheut Comer of the South one-hal! of the Southwest one-qua rte r of the Southeast on quarter of the Southw one-quarter of the South ut one-quartw of said h ctlon 321 -4 -.. • ) I • • • - nienee Nat• 54'35"W alone the north line of the South one-half of the Southwest o~uarter of the Southeast on~uarter of the Southwest on~uarter of the Southeast on~uarter of said Seetlon 32 • diatanee of no.u feet to the Northwest Comer of the South onH&ll of the Southwest on~uarter of the Southeast ~uarter of the Southwest o~uartw ol the Southeut one-quartw of said Seetlon 32; Thenee Noo• 31'25"E alone the east line of the Southeut one-quartw of ttu• Southwett ~-of the Southwest on~• of the louthe&ll one-quarter of said Seetlon S2 a dlatanee of 140.14 feet to the Til OK POINT OP BEGINMIMG; '"""" M5.,. 03'ot"W a dlstanee of 41.31 to a polnt on the north Jtne of the Southeall ~uarter of the Southwelt on~rt• of the Southwell ~rter of the Southeast on4H1uarter of said Seetion 32; Thenee sat• 55'10"E alone said ncrth line of the Southeast one-quart• ol the Southwest one-quarter of the Southwest on~uarter of the Southe .. t on~uarter of said Seetlon 32 a dlatanee of 3t.Ot feet to the Mortheut Corn.-of the Southeast one-quarter of the Southwest on~uarter of the Southwell on~er of the Southeast one-quarter of said Seetlon 32; . 't11enee soo• 31'25"W alone the east line of the Southeut one-quartw ol the Southwest one-quarter of the Southwest one-quarter of the loutheall one-quarter of said Seetlon 32 a diatanee of 25.14 feet ~ the TllUB POINT OP BEGIMMIMG, contalnlnc 0.011 aeres (410 square feet), more at le•. PARCEL P A pareel of land loeated In the Southeast one·-quartw of Section 32, Townlhip 5 South, RMce II Welt of the Sixth Prlneipal Meridian, City of Littleton, County of Ar,ahoe, State of Colorado belne more partleularly ~rlbed u follows: Commenelne at the South one-quarter eorn• of Section 32, Township 5 South, Rance II West from whenee the Southeaat earner of Aid Seetlon n bears Sit• 54'00"B a distance of 2841.04 feet, Thenee sat• 54'00"! alone the south Une of the Southeut one-quart• of Aid Section 32 a distanee of 9t0.39 feet to the Southeut Comer of the South one-tlall of the Southwest one-quarter of the Southeall one-quart• of the Southwest one- quarter of the Southeast one-quart• of said Seetion n, Thenee Noo• 31'05"E alone the east line of the South on~all of the Southwest one-quarter of the Southeast one-quarter of the Southwest oM-quarter of the SoutheaJt one-quartw of said Seetlon 32 a dlltanee of SO.OO feet to a point on the north rlcht-of-way Une of County Line Road, also belftl the TRUE POINT Of BEGINNIMG; Thenee Nat• 54'00"W alone said ncrth rflht-of-way Une ol County Line aoed belnc 30.00 foot north of and parallel to the south Una of the Southe .. t one-quarter of sald Section 32 a dlstanee of 200.35 feet; Thenee Moo• OS'OO"E a dlstanee ol 135.30 feet to a point on the north Jlne ot the South one-hall ot the Southwest on~uarter of the Southe .. t one-quarter of the Southwett on~uarter of the Southeut one--quart• of said leetlon UJ -5 - • ) I • - • • • • Thence sat• 54'35"B alone the north Une ot the South ~alt of the Southwest o~uarter of the Southeast one-quarter of the Southwest one-quarter of the Southeut ~U8J'ter ol said Section S2 a diatanee ol 201 .S4 fHt to the Northeut Comer of the South one-halt of the Soutbw.t one-quarter of the Soutbeut ~ ....... ol the Southwe8t ~-ol the loutheut one-quen .. of aid Section 31; 'nlence sou-u•os•w aJonc the eut Une ot the Iouth one-bait of the Southwest o~uarter of the Southeast CXMH~uarter of the Southw.st one-quarter of the Southeast ~u.rter ol laid Section 32 a distance ol U5.SJ fHt to the TllUK POINT OP BBOilfNINO, eontalninr 0.124 a~ (27110 .....,... fHt), IliON t1 leiL Section 3. EMKay shall construct a fence along the property line of the parties as approved hereby. f~act location, grading, and specifications shall be as approved by the City Engineer and Director of Public Works . Section 4. That the City Council of the City of Englewood hereby author~zes the Mayor of the City of Englewood to affix his signa- ture to the Warranty Deed herein described in Section 1 and authorizes the Director of Finance, ex officio City Clerk-Treasurer, to attest the same. The City Council of the City of Englewood hereby authorizes the City Manager and City Attorney to prepare and deliver those documents necessary to effectuate the purposes of this ordinance. Introduced, read in full, and passed on first reading on the day of February, 1982. Publ i shed as a Bill for an Ordi nance on the Fe b r uary, 1982. day o f Eugen e L. Ot~s , Mayor Attest: ex off1c~o C~ty Clerk-Treasurer -6 - • I . - • • • • • I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the fore- going is a true, accurate and complete copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the day of February, 1982. Gary R, Higbee -7- • I • • - • • • - 71<- BY AUTHORITY ORDINANCE NO. SERIES OF 198~2----- A BILL FOR COUNCIL BILL NO. 15 INTRODUCfj BY COUNCIL MEMBER f L --t--L AN ORDINANCE GRANTING $124,315 TO ENGLEWOOD HOUSING AUTHORITY TO ACQUIRE AND DEVELOP ASSISTED PUBLIC HOUSING FROM GRANT FUNDS RECEIVED BY THE CITY OF ENGLEWOOD. WHEREAS, the City of Englewood has received a grant from the Department of Housing and Urban Development through DRCOG in the amount of $124,315; and WHEREAS, the purpose of said grant is to acquire sites for development of public housing; and WHEREAS, the Englewood Hous ing Authority is the City's agency for satisfying public housing needs. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. That the City hereby approves $124,315 to the Englewood Hous1ng Authority to acquire sites in conformance with grant provisions for Assisted Housing pursuant to the aforedescribed grant, including all requirements of Federal State and Mun icipal Law. Introduced, read in full, and passed on first reading on the 16th day of February, 1982. Published as a Bill for an Ordinance on the 17th day of February, 1982. Attest: Eugene L. Ot1s, Mayor ex off1clo City Clerk-Treasurer I, Gary R. Higb , x officio City Cl rk-Treasurer of the City of Engl wood, Color do, h r by certify that the above is a tru accurat and compl t copy of a Bill for an Ordinanc , introduc d, r d in full, and p ss d on first r ading on th 16th day of F bru ry, 1982. Gary R. klgbe • I • • ORDINANCE NO. SERIES OF 198~2----- BY AUTHORITY A BILL FOR • • • 7/c-.. COUNCIL BILL NO. 15 INTROD~ COUNCIL MEMBER 4 .J<t<c.) AN ORDINANCE GRANTING $124,315 TO ENGLEWOOD HOUSING AUTHORITY TO ACQUIRE AND DEVELOP ASSISTED PUBLIC HOUSING FROM GRANT FUNDS RECEIVED BY THE CITY OF ENGLEWOOD. WHEREAS, the City of Englewood has received a grant from the Department of Housing and Urban Development through DRCOG in the amount of $124,315; and WHEREAS, the purpose of said grant is to acquire sites for development of public housing; and WHEREAS, the Englewood Housing Authority is the City's agency for satisfying public housing needs. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCI L OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. That the City hereby approves $124,315 to the Englewood Hous~ng Authority to acquire sites in conformance with grant provisions for Assisted Housing pursuant to the aforedescribed grant, including all requirements of Federal State and Municipal Law. Introduced, read in full, and passed on first readi n g on the 1 6th day of February, 1982. Publ ished as a Bi l l fo r a n Or dinance o n the 17th d a y of Febr uary , 1 98 2 . Eugene L. Ot~s, Mayor Attest: ex officio C~ty Clerk-Treasurer I , G ry R . Higb , ex officio Ci t y Clerk-Treasur r of the City of Engl wood , Colorado , h reby certify that th bov is a tru accur te and compl te copy of Bill for a n Ordinanc , ntroduced, r d in full , a n d p as d on fir t re ding on th 16th d y of F bruary, 1982. G bie • I • • -• • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE AGENDA ITEM February 10, 1982 .1.K , , SUBJECT Bill for ordinance granting to the EHA $124 315 DRCOG CD Grant. 1 N 1 T 1 ATED BY Depart-nt of Co~ity Develop .. nt ACT 1 OH PROPOSED .Approve a 1111 for ordinance a ranting the Englewood Housing Authority $124,315 DROOG CD Grant for purchaae and i!prov..ent of duplex sites. B.Acv;aoUMD: In July of 1981 the City vaa info~d that our request for a DRCOG areawide Housing Opportunity Plan bonua HUD arant was approved in the amount of $124,315. These funds will be uaed by the lnalevood Houaing Authority (EHA) to acquire sites for the duplex develop.ent. The IBA will be reimbursed the cost of the three sites already purchased and purchaae two other sites. The five sites will then be transferred to the developer for construction. The project will be purchased upon completion by the EHA with HUD houain& develop .. nt funda which do not include site acquisition monies. Th• $124,315 ia actually asaigned to the City of Englewood nov in the form of a letter of credit. Thia a.ount vaa added to the 1981 Ca.-unity Development Block Grant which the City received to uee for rehabilitation. HUD haa requeated that the City aaaign the $124,315 to the EHA with the responsibility aaaianed to th .. to t.pl ... nt and carry out the purpoaea of the grant . P'l){AJeCIAL DETAILS : !HA-owned aitaa, pric e to be ret.buraed: 1. 2213 -2215 Waa t Vaaaar 2. 3123-3125 South Lincoln 3. 3726-3730 South Inca Sitae to be ,urc ba .. d: 4. 3028-3030 South Pox s. 21 86-21 88 Weat Wa rren TOTAL P CIIASI PUC! • $ 20,000 $ 31,000 $ 29,500 $ 24 ,500 $ 17,000 $122 ,000 • I • • -• • • -2- The balance of $2,315 will be iacluded in the final payment for the completed project toward the coat of site iaprove .. nts. U<XN«ElCDATIOif: It ia rec~ded that the City Council approve the assignment of grant funds and reaponaibility for adaiaistration of the grant to the Englewood Housing Authority. SUGG ESTED ACTION: ~VED BY ______________________ __ SECOND, ________________________ ___ YE S ________ J ·-------~ABSENT __________________________________ __ I --· • • I • - • • • • 7L RESOLUTION NO. __ f_f __ _ SERIES OF 1982 A RESOLUTION AMENDING RESOLUTION NO. 48, SERIES OF 1981, ESTABLISH- ING A COMMITTEE CONCERNING THE ENGLEWOOD MUNICIPAL COURT BY AMEND- ING TITLE TO READ "COURT ADVISORY COMMITTEE" AND MAKING OTHER AMENDMENTS THERETO. WHEREAS, by Resolution No. 48, Series of 1981, a committee was established to monitor the administration of the Municipal Court; and WHEREAS, the Municipal Court Judge desires changes in the format of the committee and Council agrees with certain changes and desires to implement the same. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: 1. Name of the committee established by Resolution No. 48, Series of 1981, is amended to be "Court Advisory Committee." 2. Section 3 of Resolution No. 48, Series of 1981, shall be amended to read as follows: "The Court Administrator and Director of Finance shall be ex officio members of the Committee." ADOPTED AND APPROVED this 16th day of February, 1982. Atte st: Eugene L. Otis, Ma yor ex officio City ~lerk-Treasurer I, Gary R. Higb e, ex officio City Clerk-Treasurer of th City of Englewood, Colorado, h reby certify that the above is a true, accurate and complet copy of Resolution No. _____ , S ries of 1982. Gary R. Higbe • I • • • RESOLUTION NO._,Iu.l __ SERIES OF 1982 • • • A RESOLUTION AMENDING RESOLUTION NO. 48, SERIES OF 1981, ESTABLISH- ING A COMMITTEE CONCERNING THE ENGLEWOOD MUNICIPAL COURT BY AMEND- ING TITLE TO READ "COURT ADVISORY COMMITTEE" AND MAKING OTHER AMENDMENTS THERETO. WHEREAS, by Resolution No. 48, Series of 1981, a committee was established to monitor the administration of the Municipal Court; and WHEREAS, the Municipal Court Judge desires changes in the format of the committee and Council agrees with certain changes and desires to implement the same. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: 1. Name of the committee established b y Resolution No. 48, Series of 1981 , is amended to be "Court Advisory Committee ." 2. Section 3 of Resolution No. 48, Series of 1981, shall be amended to read as fo llows: "The Court Administrator and Director of Finance shall be ex officio members of the Committee ." ADOPTED AND APPROVED this 16th day of February , 1 982. Attest: Eugene L. Otis , Mayor ex officio city Clerk-Treasurer I, Gary R. Higb , ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above is a true , accurate and complet copy of Resolution No.~, Series of 1982. Gary R. H1.gb e • I • - • • • • MEMO TO: Mayor Otis and Members of City Council FROM: Rick DeWitt, City Attorney DATE: February 3, 1982 RE: Grant of Utility and Storm Drainage Easement Item 7N Council Meeting February 1, 1982 There were certain questions regarding the need for the above. I have attached to the easement a map showing the location of the easement in Northwest Englewood. I have been informed that this easement is necessary for proposed construction in the area to occur, hopefully, in the near future. ted, bb _./ a-:.--~ ------·--~··~ ~ Attachment • 7/; I • • • - GRANT OF UTILITY AN"l' STORM DRAINAGE EASEMENT THIS GRANT of a utility and storm drainage easement (this "Grant") is made this 1 5th day of Janua ry , 1982 by La wre nce J. Wi c hm a n -===:..L.------("Grantor") whose ad- dress is 70 28 West Pineview Drive, Littleton, Colorado 80125 in favor of The City o f Englewood ·---("Grantee") whose address is 3400 South Elati Street , Eng l ew ood , Color ado 80110 The parties covenant and agree as follows: 1. Easeaant Property. The "Easement Property" shall mean the real property located in the County of Arapahoe, State of Colorado, more par- ticularly described on Exhibit A, attached hereto and incorporated herein by reference, and substantially as depicted on Exhibit B, attached hereto and incorporated herein by reference, which real property is owned by Grantor. 2. Consideration. Aa consideration for this Grant, Grantee shall pay to Gr&Dtor the sua of One Dollar ($1.00) and other good and valuable considerations paid by the Grantee, receipt of which is hereby acknowledged by the Grantor. 3. Grant of Utility and Storm Drainaae Easement. Grantor hereby &rants to Grantee, its successors and assians, a perpetual, nonexclusive eas-nt (the "Utility Easeaent") over, under, across and through the Easaaent Property for the purpose of constructing, operating, maintaining, repairina, replacina, r~vina and enlarain& the "Lines and Appurtenances", aa hereinafter defined. The "Linea and Appurtenances" shall mean one or more storm water and sewer pipelinea and all necessary underground and surface appurtenances thereto necessary or deairable for the transmission of sto~ater and wastewater, including, but not limited to, mains, con- duits, vaults, manholes, or other facilities as required. 4. ~· Grantee shall hav e th pe rpetual, nonexclus i ve right of inaress and earess in, to, over, throuah and across the Easement Property f or any purpoae neceaaary or desirable for th full enjoyment of the r i gh ts &ranted to Grantee under this Gr a,t . 5. storation. Grantee aarees that after the construc t i on, ma in- tenance, repair, replac ... nt, or enlara ... nt of any of the Lines and AppurteD&Dces , Grantee shall restore the surface of the E&seaent Prope rty as nasrly as reasonably possible to the arade and condition it wa s i n t.aediately prior to said construction, .. toteuaace, repair, replaceaent, or enlara-.ot, except as .. y be necessary to ecc~ate the Linea and Appurtenances . Grantee aareea to restore and repair any improvements of Grantor oo the Eaaeaent Property which are d ... & d, .edified or alte r d by Grantee •urin& said construction, .. totenance, repair, replace .. nt or enlaraeaent . Grantee further aareea to replace any topsoil reaov d f ro. any c ulti•ated or landscaped areas on the E&seaent Property and to r .ov any e x c e ss e a r th r s ultin& froa said c onstruc tion, .. intenance , r o pQ ir , r ~plac ... nt or enlaraa.ent, at Crante 's sole coat and expense • • I • • • • • 6. Mo Improvements. Grantor covenants and agrees not to construct, erect, place or plan any "Improvements", as hereinafter defined, on the Easement Property without obtaining the prior written consent of Grantee. "Improv ... nta" shall mean any structure or building. Grantee shall have the ri&ht to remove, without any liability to Grantor, any improvements constructed, erected, placed or planted on the Easement Property without Grantee's havin& obtained the prior written consent of Grantor. 7. SubJacent &Dd Lateral Support. Grantor covenants and agrees that Grantee shall have the ri&ht of subjacent and lateral support on the Ease- ment Property to whatever extent is necessary or desirable for the full, complete and undisturbed enjoy.ent of the rights granted to Grantee under this Grant. I. ~&bt• of Grantor. Grantor reserves the full right to the un- disturbed OWDership, use, .nd occupancy of the Eaaeaent Property insofar aa said ownership, uae and occupancy 1a consistent with and does not im- pair the ri&bta aranted to arantee in this Grant. 9. ~QM!nt. In the event that Grantee shall abandon the rights &ranted to it under this Grant, all right, title and interest hereunder of Grantee shall cease and ter.inate, &Dd Grantor shall hold the Eaaeaent Property, aa the ...... y then be, free froa the rights of Grantee so ab&Ddoned and shall cnm all .. teriala &Del structures of Grantee so abandoned, provided that Grantee shall have a reasonable period of tiae after said abandoa.eut in which to r.-ove any or all Linea and Appurtenances froa the laa ... nt Property. In the event that Eaa...nt is abandoned by Grantee, Grantor shall have the ri&ht, at ita sole option, to require Grantee to r.-ove or neutralize any iaprov-nta constructed in the Eaaw.ent by Grantee. 10. Warranty of Title. Grantor warrants and represents that Grantor ia the fee at.ple owner of the &aa ... nt Property and that Grantor has full ri&ht, title and authority, and that this Grant is effective to grant and convey to Grantee the UtUity and Stora Drainqe Eaa...nt. Gr&Dtor further cov--ta aad aareea to acs-ify, defand &Dd hold Grantee haral.ess fra. and aaatnat aD)' adveree cla1a to the title of the &aa ... nt Property by all and every person or persona lawfully claiain& or to claia the whole or any part thereof. 11. liDdin& Effect. 'nlia Grant shall extend to and be binding upoo the heirs, personal representatives, successors and assigns of the reMpective parties hereto. The tar.., covenants, aarea.enta and conditions in this Grant shall be conatruad &a eoven auta ruonina with the lend. • I • • • • • ,. • IN WITNESS WHEREOF, the parties hereto have executed this Grant of Utility and Storm Drainage Easement the day and year first above written. GRANTOR: l.tteat : &1~ /ct Uz -:-~n< tt~k_. Title: Technical Services Supervisor GRANTEE: CITY OF ENGLEWOOD, COLORADO By ______ ~~--------~-------------Euaeae L. Otis Title: Attest: Cary l. Hi&bee Title: Director of Finance, ex-officio City Clerk-Tre .. urer Mayor • I • • - • • • • • STATE OF COLORADO ss COUNTY OF ARAPAHOE The foregoing instruaent was acknowledged before me this 15th day of January , 19 ~ by Lawrence J. Wichman --~------~--~--------------.. -----------------------------------and atteated to by Albert G. VanDemark as Technical Services Supervisor ' of City of Englewood. Witneae ay hand and official seal. ~_;C J1 k (ft .. tll N:it NotaJ;\Ibac My Co-iaaion expires: September 22, 1985 STATE OF COLOIADO sa COUNTY OF ARAPAHOE Janet M. Grimmett 3400 s . Elati Englewood, CO 80110 The foreaoing inatru.ent was acknowled&ed before me this ---------- day of , 19 __ by--------------------- as ------------------------------------and atteated to by --------------------------~---------------------- as ---------------------------------------of --------------------- Witneaa ay hand and official aeal. Notary Public My eo..iaaion expirea : • • I • • - • • • • • EXHIBIT 'A' A SEVEN-FOOT UTILITIES EASEMENT FOR SANITARY AND STORM SEWERS, DESCRIBED AS: The East seven feet of Lot 32, except the north 25 feet, Block 12, Southlawn Gardens, Arapahoe County, State of Colorado . • I . • • ,. --z--~- SCALE 1"=5 0' 2 5 1 2 5' 9 ....! I 1 15'1--- PROPOSED IN LE T BOXES 8 ---------~~--~~~- ... z ~ w w 2 "z w ::::; (/) c > w ... a: a: w w Q. ~ 0 w a: (/) Q. 2 IL a: 0 0 w ... Q (/) -(/) .. • % z (,) c c (/) w . . ~ ... .. .... 38'-8 ENGLEWOOD SAN . SEWER C U Rl W AL K ,) - 21'-12" D E NVER SA N. SEWE R I 7 1 -6 11 WATER 30 2 I 4. 76 PROPOSE D 12 11 L STORM SEWER LINE 31 - PROPOSED ---~ -~,~,:~-:. ~'~'~ :.~E 7 -- 32 7 2 14 .6 8 6 D 2 5' I 2 5' 25' I 25' "" ..1 I I I I I I 1 11 I I I I I I ~ W. HILLSIDE A VE. W. VASSER AVE. UTILITY EASEMENT EXHIBIT 'B' • • 20'.4 11 2 11 G A S VC &O T O DRA I NAGE SWA L E '"0' • • - • • • • MEMO TO: Mayor Otis and Members of City Council FROM: Rick DeWitt, City Attorney DATE: February 3, 1982 RE: Grant of Utility and Storm Drainage Easement Item 7N Council Meeting February 1, 1982 There were certain questions regarding the need for the above. I have attached to the easement a map showing the location of the easement in Northwest Englewood. I have been informed that this easement is necessary for proposed construction in the area to occur, hopefully, in the near future. ted, bb Attachment • I . • • - GRANT OF UTILITY AND STORM DRAINAGE EASEMENT THIS GRANT of a utility and storm drainage easement (this "Grant") is made this 15th day of January , 1982 by La wrence J . Wi chman ("Grantor") whose ad- dress is 7028 West Pineview Drive , Littleton , Colorado 80125 in favor of The City of Englewood ("Grantee") whose address is 3400 South Elati Street, Englewood , Colorado 80110 The parties covenant and agree as follows: 1. Easeaent Property. The "Easement Property" shall mean the real property locatad in the County of Arapahoe, State of Colorado, more par- ticularly described on Exhibit A, attached hereto and incorporated herein by reference, and substantially as depicted on Exhibit B, attached hereto and incorporated herein by reference, which real property is owned by Grantor. 2. Consideration. As consideration for this Grant, Grantee shall pay to Grantor the sum of One Dollar ($1.00) and other good and valuable considerations paid by the Grantee, receipt of which is hereby acknowledged by the Grantor. 3. Grant of Utility and Storm Drainaae Easement. Grantor hereby &rants to Grantee, its successors and assigns, a perpetual, nonexclusive eaa ... nt (the "Utility Eaae .. nt") over, under, across and through the Eaaeaent Property for the purpose of constructing, operating, maintaining, repairin&, raplacing, r~vina and enlarging the "Lines and Appurtenanc s", as hereinafter defined. The "Lines and Appurtenances" shall aean one or aore storm vater and sever pipelines and all necessary underground and surface appurtenances thereto necessary or desirable for the transaission of sto~ater and wastewater, including, but not liaited to, mains, con- duits, vaults, manholes, or other facilities as required. 4. Access. Crante shall have th perpetual, nonexclusiv right of inaress and earess in, to, over, through and across the Eaaeaent Prop rty for any purpose necessary or desirable for the full enjoyaent of th rights &ranted to Grante under this Grant. ~. a.atoration. Grant aareea that after th construction, aain- tenance, repair, replac ... nt, or enlara ... nt of any of the Lines and Appurtenances, Grantee shall restore the surface of the E&se .. nt Prop rty as n .. rly as reasonably possible to th arad and condition it wa in t.aediately prior to said cooatruction, .. tnt nanca, repair, replac nt, or enlara.-.at, except as aay be necessary to acca..odata the Lin • and Appurtenances. Grantee aare .. to restore and repair any iaprov ... nts of Grantor on the !as nt Property vbich are d&aa& d, aodified or alter d by Grantee durin& said construction, aaintenanca, repair, replac nt or enlaraeaent. Grant further aare • to replace any topsoil reaov d froa any culti•at d or landscaped ar .. s on t Eaa nt Property and to r .ov y excess arth r sultin& fro. said construction, aaintenanc , r p ir, r~plac nt or nl r nt, at Grant 'a sola cost and expena • • I • - • • • • • 6. No Improv .. ents. Grantor covenants and agrees not to construct, erect, place or plan any "Iaprovements", as hereinafter defined, on the Easement Property without obtaining the prior written consent of Grantee. "Improv-nts" shall aean any structure or building. Grantee shall have the ri&ht to remove, without any liability to Grantor, any improvements constructed, erected, placed or planted on the Easement Property without Grantee's havin& obtained the prior written consent of Grantor. 7. l~jacant end Lateral Support. Grantor covenants and agrees that Grantee shall have the ri&ht of subjacent and lateral support on the Ease- ment Property to whatever extent is necessary or desirable for the full, complete end undisturbed enjoyment of the rights granted to Grantee under this Grant. I. lilbt• of Graator. Grantor reserves the full right to the un- disturbed owaarship, uae, end occupancy of the Eaa..ent Property insofar aa said ovoersbip, uae and occupancy ia consistent with and does not im- pair the ri&hts &ranted to arantee in this Grant. 9. .. ... ogi!Dt. In the event that Grantee shall abandon the rights arantad to it under this Grant, all right, title and interest hereunder of Grantee shall caaae end terainate, end Grantor shall hold the Ease8ent Property, aa the .... aay than be, free froa the rights of Grantee so abendonacl aaA1 shall own all aateriala and structures of Grantee so abandoned, provided that Grantee shall have a reasonable period of ti.e after said abandoa.eot 1n which to ra.ove any or all Lines and Appurtenances from the ~aa ... nt Property. In the event that Easement ia abandoned by Grantee, Grantor shall have the riaht, at its sole option, to require Grantee to r.-ove or neutralize any iaprov ... nta constructed in the Eaa~nt by Grantee. 10. Warruty of Title. Grantor warrants and represents that Grantor ia tbe f .. at.ple ovoer of the Eaa ... at Property and that Grantor baa full ri&ht, title and authority, and that this Grant is effective to arant and convey to Grantee the Utility and Stora Draina&e E&aeaent. Grantor further cov-ta &D4 qreaa to ~ify, defend and hold Grantee haraleaa froa and aaaiaat any adverse claim to the title of the Eaa ... nt Property by all and every person or persona t.wfully claiain& or to claim the whole or any part thereof. 11. liaclina Effect. This Grant shall extend to and be bindin& upon the heirs, personal repreaeatativea, successors and assigns of the respective partiaa hereto . The tara., covenants, aareeaenta and conditions in this Grant shall be cooatrued aa covenants runnin& with the land . • I • • • • • IN WITNESS WHEREOF, the parties hereto have executed this Grant of Utility and Storm Drainage Easement the day and year first above written. GRANTOR: J.tteat : &-1<-?d /cl . U-~:_ f!?-t>< d/!.k Title: Technical Services Supervisor GRANTEE: CIT'l OF ENGLEWOOD, COLORADO By------~----~--~~------------Eugene L. Otis Title: At teat: Cary 1. Riabee Title: Director of Finance, ex-officio City Clerk-Tre .. urer Hay or • I • • • • • • STATE OF COLORADO ss COUNTY OF ARAPAHOE The foreaoina instru.ent was acknowledged before me this 15th day of January , 19 JlL_ by Lawrence J, Wichman ------------------------------.. -----------------------------------and atteated to by Albert G, VanDemark as Technical Services Supervisor ' of City of Englewood. Witnea~ ay hand and official seal. ~_t rk {fi<mor--dt Nota PUblic My Ca.aission expires: September 22, 1985 STATE OF COLORADO •• COUNTY OF AL\PAHOE Janet M. Grimmett 3400 s. E1ati Englewood, CO 80110 The foreaoina instr~t waa acknowledaed before ae this ---------- day of , 19 ____ by ----------------------- --~------~--~-------------.. -------------------------------- and att .. ted to by -----------------~---------------------- as --------------------------------------of ---------------------- Witness ay hand and official seal. Notary Public • I • • - - • • • • • EXHIBIT 'A' A SEVEN-FOOT UTILITIES EASEMENT FOR SANITARY AND STORM SEWERS, DESCRIBED AS: The East seven feet of Lot 32, except the north 25 feet, Block 12, Southlawn Gardens, Arapahoe County, State of Colorado . • I . • • • :I --z SCALE 1":50' PROPOSED INLET BOXES 9 B 2 !5' 2 !5' 1 s'l-- ... z ~ w w 2 'z w :::; "' < > w ... a: a: w w Q. ~ 0 w a: "' Q. 2 1&. a: 0 !) w ... Q "' -"' ~ :r: z (J < < "' w . . .. ... -.... 38'-B ENGLEWOOD SAN. SEWER CURB WALK , 1 - 21'-12" DENVER SAN. SEVIER 17'-6" WATER 30 2 14.7 6 PROPOSED 12" -----...Jlt$~ v MH A-2 I/ Z+ 67.62 L ........ ~. :: .. -----·---, --------7-- E PROPOSED 8" SEWER LINE 32 PROPOSED 1 6 2 14.68 D 2 5' I 2 5' W. HILLSIDE AVE. • • 2 5' I 2 5' .... .., I I I I I I 111 I I I I I I , 20'.4 11 2 11 GAS vc ao 0810 WH A-1 ~ 0+ 00 I.., UTILITY EASEMENT EXHIBIT 'B ' W. VASSER AVE. • • • • • • r: 1.~ r :<; ;:T couRT , .::c<A·.'t''{ OF' 1\RAI?I\liOE:, STA l 'E O F C0Lurtii.Dv uO ~v 1 1li.'.. ------------------------------------------------ NOTICE OP APPEAL ------------··--------------------------·----------·--.. -- P1 .4: I J L l !"I \: .. C IT . 0~ FN~LEW OO n , Tii2 PL•\i N !l Fr, V ':!LH i-1d&lll, l .. :o t .... l•y ~.iv ~e H u&.;,_;.; u~ l.i .. a~lt:~..:n l f ~u "l the tJ·idl court'b U.Lll~t o( Jdflu..--'L:.t ~~ 1 9 8;;, J .. '".ti'I J tl.t: ?la ioaLi fL '>j Mul.io n To , Auo ~ .. a th .... Cuur:.•,. O td t:, i.Jt,V•.!IIi b t:l' 2!i, 19!11. DATED : Febr Ud!J( 3, 1982. ~~.~/~-:-''lrn~~ 1123 Delaware Denver, Co. 00204 Telephone: 629-0500 CERTIFICATE OP MAILING l ht,;•r , .. :,1" c.·•-.~r; i • y L~•n '. n t;·ue n n,i Cf~t ,., ........ ._ 4...'4 11.J o: I;. .. ~._.,,..'.J._t,;._, ;.;r;r[-C Of APPAL. wdo IIVtjl i:'J lo Llot• [olluwiro•J ''" Lhi.,. 11 ·:1 daJ r,r F.-lHu:Jry, 1982, blf dq-.)oil i.'•'J :;,.i.(l ~vrlc~ cr ~? !;.Af. iII l.la 0. S • ll , l)OIO t ':J ~ U ~cl i. (.) : • I • - • • • - r . 1 .~ r :< ; ;:T COURT, cc:_,;.:t'Y Of M~AI?J.\HG E, !:.iTA n : or-C0Lui:i.AD0 C i ·.; c l •V;Liu•J No. nu cv l1li:. ------------------------------------------------ NOTICE OF APPEAL ------------·~-~----------~ ------------------------·~---·.- p 1 .. ; ., L l :·I \.' .. Dt"~ t .,,.~o faL . T;;c: PLl\i ~llf.'F, v .. :.L~t i~a !u,, ln?L·~~lJy yiv t-!e •u)L~•_:,_: ul Li ·_. t\~)~:•.:n l f :-\.a .. t the tridl court•b uL U~l o( Jdrn .. t:'':t ~' J 9 S~, J~u .. o~inJ r::.e:: Plalui i.(L '~; Mol.ion T•J A llh:!lu.J th t:-Cuut": .. ·~ Otd,...!J. j~(_t \I .. ,!IHbt::t 2'), 1981 • DATEr-; Febcuacy 3, 1962. ~4:£.~/f.~~tlfr-M~ 1123 Delaware Denver, Co . 90204 Telephone: 629-0500 CERTIFICATE OP MAILING 1 It t.;.•• ,~:} <..'t-:1 Li ;·y t!an 1 .. n L~·ue dthi CCJa.•··~(.; ..... t...'PlJ~, o ~ ; :, .. ·,J , '''J•1i.1., ;.;r)'f c-c Of' APPEAL ""•i>• m,..j l'='J l.o Lla • (t1 lluw ''''J ,-,,. t.hi.:; 1 1".:1 dat ,,r F.,-L,u<J.cy, 1982, by d~1,.:>oili.r,'J ;.,..irl Nvrrc~: Gr ~?P!:.AL iu Ill· U.S. mall, po&td':Jt! (.JL"•JiJclicl: F< ;,.,, n~t-Ji'-t 1 4r,a -;uul.l. .t,,r, e:n 'J h~ .. oou, co • I • - • • • • r··---- C 0 U N C I L C 0 M M U N I C A T I 0 N DATE AGENDA ITEM SUBJECT February !, 19!2 gA Large Mowing Tractor Bid ·-h:~.-J'_q ~ INITIATED BY kll.a liallono>r_ DirO!l't:or of Puhlir Wprka, Gary H1a:hee ', Director of Finance, and Erne Romans, Director of Parks and Recreation ACT I ON PROPOSED \ That City Council approve and award bid to Boyd Distributing Company Inc. for one (1) larae .awin& tractor. INTIODUCTION In order to alleviate a backlog of equipment replacement needs, the City Council endoraed a Capital Equipment leplace~~~ent Fund (CEJtF). The main concept of CERF ia to enaure that Capital equipment is replaced on a timely basis and on a priority acroaa the whole City rather than by individual departments. Ownership of units re-in in department hands. This means that CERF does not pay the expenae of down time. All Departments pay a monthly rental rate on all equipment into the CEIP fund. lor 1982 CEIF, there is budgeted one (1) large tractor mower for the Parks Depart•nt. 14<XGIVUJII D Ilfi'OIMTION Eati .. ted life of the present Jacobaon F-10 Mower is seven (7) years. The maw r ia ten (10) yeara old and the cost of maintenance is becoming prohibitive. Th larse tractor rotary .awer will replace this unit. liNAMCIAL DETAILS Sealed bida wer receiv d by the Department of Finance (Purchasing) from two (2) vandora only pertaining to thia type of equipment. Price quotes and co nta are aa follova: L. L. JohDaon Diatributina Did Not et Spec1f1cationa lli $29,275.00 • Toro Park Heater Cana Mower I • - • Co !If any Boyd Distributing Company PaOS AHD CONS • • • Met Specifications Bid $36,600.00 Hydro Power 180 Rotary Mowe The low bid froa L. L. Johnson Distributing, Company, did not meet specifications, inaamuch •• they are offering a reel type gang mower and specifications called for a rota ry type aover. Average maintenance on sharpening the reel mowers has been $2,590 .00 per year. On the requested rotary mower this cost would be reduced to $394.00 per year. COHCLUSIOI ~D UCOIIENDATION The requea ted Hydro Power 180 Rotary Mower has all the required capabilities and designed to cut grass in any form (i.e. long, wet, etc.). Boyd Diatributina will allow $3,500.00 trade--in on the old F-10 mower leaving a balance ot $33,100.00. We feel this is considerably more than it would bring at the annual auction. It ia recoaaended that the bid and trade-in from Boyd Diatributina Collfany which aeets all specifications be accepted and the award aade. • I • • • • .. City Council Meeting-Special February 22, 1982 0