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Home My WebLink About1982-06-07 (Regular) Meeting AgendaCity Council Meeting -Regular June 7, 1982 • • • 0 • • • CITY COUNCIL MEETING June 7 , 1982 RESOLUTIO N # ~, ~ 27 , 28 ORDINANCE #_;Jt>, 27 , 28, 29 • • • • 0 0 I • • 7 :30 P.M. 1. 1 Cl(f'cJL ~ ' .a 2. t t {r . 3. 4. 5. ,. • • • AGENDA FO R THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL JUNE 7, 1982 , I'). D-<J C, \..AA\<.... / Call to order, invocation by Reverend Bill Mantei, Centennial Lutheran Church, 3595 West Belleview Avenue, pledge of allegiance by Boy Scout Tr oops No. 115 and No. 154, and roll call. \.. .l. /-Minutes. · (a) Minutes of the special meeting of May 1 0, 1 982. (Copies enclosed.) (b) Minutes of the regular meeting of May 17, 1982. (Co pies enclosed.) (c) Minutes of the special meeting of May 24, 1982 • (Copies enclosed.) Pre-Scheduled Visitors. (Please limit your presenta- tion to 10 minutes.) (a) Mr. Bill Thornton, past Chairman of Denver Regional Council of Governments, will be present to present the City Innovation Awards. Other Visitors. (Please limit your presentation to 5 minutes.) Public Hearing. (a) To consider an Ordinance on final r ding me nding th Comprehensive Zoning Ordinance of th City of Englewood to permit motor vehicle repair u a a conditional use in the B-2 Zone District. (Copi s enclosed.) Co111111unications -No Action Recomm nded. (a) Hinut • of the Board of Adjustm nt and Appea l m etin of April 14, 1982. (Copies nclos d.) (b) Minute• o th Board o f Car r Servic Co m 1• n- ra m ting• of April 15 and Hay 11 , 1982. (Copi • enclo• d.) • I • • • • • - Page 2 June 7, 198 2 Agenda 5. Communicati ons -No Action Recomme nded (Contin ed). (c) Minutes of the Denver Regional Coun ci l of Governments meeting of April 21, 1982. (Copies enclosed.) (d) Minutes of the Planning and Zon ing Commis s i on meeting of May 4, 1982. (Co pi es en c l o se d .) (e) Minutes of the Urban Renewal Authorit y mee ln g s of May 5 and May 19 , 1982. (Copies e nclo sed.) (f) Minutes of the Public Library Ad visory Bo ard meeting of May 11, 1982. (Copies enclosed.) (g) Minutes of the Parks and Recrea tion Co mmission meeting of May 13, 1982. (Copies enclos e d.) (h) Municipal Court Activity Repor t f o r the mo nth of April , 1982. (Copies enclosed .) (i) Memorandwn from the Chairman of the Planning and Zoning Commission concerning his attendance at the American Planners Associat ion Conference in Dallas, Texas on May 8-12, 1982. (Copies enclosed.) (j) Memorandwn from the Fire Chief to the City Man ager concerning his attendance at the Management Conference in Fort Worth, Texas. (Copies enclosed,) 6. Communications -Action Recommended. (a) (b) (c) Recommendation from the Parks and R creat on Commission meeting of May 1 3, 1982 o accept a proposed City Forester Program as set for h by the City Forester. (Copies en closed.) Recommendation from the Parks and Re crea tion Commission meeting of May 13, 1982 r eq ue sting that funds in the amount of $23,000 be mad e available for additional repair s t o S pen cer Ballfield lights. (Copies enclosed.) Recommendation from the Parks and Re crea t i on Commission meeting of May 13, 198 2 concerning the vacancy on the Malley Cent r Trus t Fun d Board. (Copies enclo s d .) • I • • • • - Page 3 June 7, 1982 Agenda 6. Communicat ions -Action Rec o mmended (Conti nued). 9 "I ./ (d) Recommenda tion from the Urban Renewa l Author ity ~ ~ concerning the transmittal of the Urban Renewa l ('p 0.1 I\ lo / ~~ Plan and scheduling of a publi c hearing. / ~ f'l /.,..-'I '· ?F .. (Copies enclosed .) -~ -J{'.J,Lt1il cn:1e..., yJ,Ta;t:i.l-0 _ 0'l(). cic,,k "-fD Y{ll.J;H , .. .1z.J) ,t:2< cZ-"Yl ~ 7. ~ity Attorney. J Bills for Ordinance s (a) Bill to amend t he Comprehensive Zoning Ordina nce B~.3S° of the City of Englwood , Colorado , b y pro vid ing c_ 1 ~ for the permitting of certain amusement or , 14..~~ iJ entertainment businesses as conditional uses X/!J--: i~-within the commercial B-1 and B-2 Zones. (Co p ie s -I,~. :,C f'{'/\ enclosed.) 'f · (b) Bill authorizing the issuance and sale of In dus t ri al Development Revenue Bonds, Series (U .S . Industr i es , Inc. Project) in the aggregate principal amo unt of $2,200,000 to finance a project for U. S. Industries \ I L ~ . } x )-Inc.; ratifying certain action heretofore taken ; authorizing the execution and delivery by the City of a financing agreement, and Indenture of Trust, such bonds and closing documents in conn e c tion therewith; making determinations as to the sufficien cy of revenues and as to other matters related to t he project ; and repealing action heretofore taken in conflict herewith. (Copies enc lo s ed.) 1 Resolutions. 'Jr.J.5 (c) Resolution appointing David J . Me n zies Assi s tant City Attorney. (Copies enclo s ed.) Proclamations. (d) Proclamation proclaiming t he 21 days , Fl§ Day through Independenc e Day, as a pe ri od t o Honor America" in the City of Englewood . (C o pies enclosed.) (e) Proclamation proclaiming the week of Jun 21 through 26, 1982 as Colorado Count r y Mus ic We k. (Copies enclosed.) Other Matters. (f) Attorney's Ch o i c e .-,.u r ;i.U,t., tj-l-<.4-L L'l' (?/)t/;_1,..j A~-~'"L u....- • I • • n - • • • • • Page 4 June 7, 1982 Agenda 8. City Manager. Council Communication from the City Manager concerning Little Dry Creek -selecting alternative for improvements in the down- town area. (Copies enclosed.) Council Communications from the City Manager concerning an award of construction for concrete and storm sewer work at the Senior Center Parking Lot #2 at 126-130 East Girard Avenue. (Copies enclosed.) (c) Council Communication from the Director of Finance concerning recodification of the Engle- wood Municipal Code -bid award recommendati on . (Copies enclosed.) (d) Resolution amending the General Fund -Library Consulting Services. (Copies enclosed.) (e) Manager's Choice. 9. General Discussion. (a) Mayor's Choice. (b) Council Member's af:t??, ::~rn•ent, AND idCOWN Ci Manager AM/sb I I • • - • • • • ' !~ '.r1 ()'l LJ£h --1- (JU-1 · 7J / C/ f ~ ROLL CALL J 7 /J t) 1° ,/Y} Moved Seconded Ayes Nay Absent Abstain ll i odav Neal Fltznatrlck Weist Bi lo Bradshaw Otis ~µ~,GUJ '()~ 73,y ,ilz-13~1 J) (!.~ ul-~'7r d£ // Jt /)lL l 1 /U i ; ~ 1/- <--t la LO I . . • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain H1adav (..,/' Neal L-- Fi tznat rick L,--- Weist v-- Bi lo v- Bradshaw t-- Otis t- • I • • • • • - • • ROLL CAL L Moved Seconded Ayes Na y Ab s e nt Abstain ' Hlg da y \ Neal l V Fitzoatrick 7 We i st I Bi lo I v Bradshaw I Ot i s I \ I a._, • I • • • • • - • • ROLL CALL Moved Seconded AyE!'\ Na y Absent Ab st a in 11 1qdav l Neal I y Fl tzoatrick I We is t I Bi l o f -v Bradshaw I Ot is \ \ I (~ j t) I • • • • • - • • ROLL CALL Moved Seconded Ayes Nay Ab s ent Ab s ta i n H1ada v - V Neal \ Fl tzoatrick I Weist I Ri lo I v---Bradshaw I Oti s ( \ /( ., 1 t ( C.J 1 <.. __:_ 7z l 1 t' . .:)_ (, l,( <. ,<_._, I . -• • • ROLL CALL Moved Seconded Ayes Hay Absent Abstain H1qday Heal Fl tzoatrick Weist Bi lo Bradshaw Otis 'j]J_f ~;fl._ Lil) l JYL' .,_,_-J_ 7 If lf_c~ .. ( U Lf,t ,J 1 rt t 9 ?...# -I C'ft l -k (3 11Lu-~1 a (!_ L I le 't~ t d.. / 1 Ct tlu al -I --6-6 -t < ? 0 UJ 1! I/ 1 ) ~ -/1 ( ),, '2 ~ ,. L. 1.0.u..... -< ,{ 1. i --7 t1 \.J 1, • U.1 J <y;ri _; 2J & , -( />, '--" ~ &, 0 I • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain H1qday Neal Fl tzoatrick Weist Bi lo Bradshaw Otis J. r1 U I • • , • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent ' Abstain Hia<lav Neal V Fl tzDatrick Weist 7 V Bi lo Bradshaw Otis , I • • • • - • • • • • _..._ ROLL CALL Moved Seconded Ayes Nay Absent Abstain H1Qdav Neal Fitznatrick Weist Bi lo Bradshaw Otis (f._ u ,,1.0" ,,U/o-o t;.M l W.~,£ -tl-}1..( '-R v-L. tJ ).____ <X />lJ.~ ;<J.f <> EU J.J -,3 _ oZ. ~ti.fr I - lu. ( 4 l 2 tt t, J Z y-~ ~ , 1lJ A "-'''(.!-/ < a J J I ..I t [f7,.t ? t" i -tr nu~· c-L. fi l ,t 1 , ) u t e~· l-..1 L Jc'U (d r { • ?l /. ( '?I£ 1 ./ ) ) I . • • - • • .. ROLL CALL Moved Seconded Ayes Nay Absent Abstain ..... HlQday Neal I -Fl tzoatrick Weist I -Bi lo I Bradshaw I Otis I \_ I • • • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain H10C1ay \ ..-Neal 1 Fitzoatrick I Weist I 1,./° Bi lo 1 Bradshaw I Otis T \ I • • • - • • ROLL CALL Moved Seconded Ayes Na y Absent Abstain H1qday Neal ,,., Fi tZPat rick Weist Bi lo ----Bradshaw Otis / J ~ it /Tl '-i/ do--r LI A~ 1 v I . . • n • • • ROLL CALL Moved Seconded Ayes Na y Absent Abstain - Hiodav \ Neal 1 Fitzoatrick I Wei st 7 Bi lo I Bradshaw I Otis 1 I • • • • • - • • {!/(Yl rY\ <:, Cff-1-lHU t ,')U')V-Li )l ,o ,QLJ. () ~ ROLL CALL V ~LL<-j ~ Moved Seconded Ayes Nay Absent Abstain -. . .. H1oaay '\ ' Neal ' --~ Fi tznatrick I Wei st I lli lo I Bradshaw I Otis I ' 6a . • I . • • • • - • • 0 Moved Seconded Ayes Nay Absent Abstain -..... H1Qdav \ Neal I Fi tzoatrick I Wei st I Rj lo I t,--Bradshaw I Otis \ '-- , • I • • • • • - • • Moved Seconded Ayes Nay Absent Abstain Hladav ,.- Neal -..... Fl tzoatrick ---. Weist ----,.,....... Bi lo -Bradshaw -Otis - • I . • • • - • • ROLL CAL L Moved Secon de d A yes Na y Ab s e nt Ab s ta in ....... H1o day I Neal I (.../ Fl tznatrick I Weist I V Ailo I Bradshaw I Otis \ '-. b d J e'i!tf UR_ ? ) ' '---;( /JI 3 I:: ~ d I -IL d-C2 cf r f -;/ ;--{!,,tm~ H -L /II--,,L f /c Ji 71-ZU C7J f-"1 Z (:, ~-p § j' 1 -I cl ___) ,,a-' , • I . • • - I ) • , ____ ,, ROLL CALL • • • Moved Seconded Ayes Nay Absent Abstain H1qday Neal Fi tzoat rick Wei st Bi lo Bradshaw Otis a!:u0 f ~r-c~ ) ;t_/__ _,,lL 2cb.-(J /1_;2 • U ,,vJ /)l I . • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain H1qdav Neal V Fl tzoatrick Weist Ri lo v Bradshaw Otis C.._ • I . . • • • • • ROLL CALL Moved Seconded Ayes Na y Absent Abstain ...... Hiadav Neal £--Fltznatrick Wei st I Bi lo I Brad shaw I Otis \ \ O l ~ I • • • • !-• • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain '\ lrrnnav l Neal I Fl tznat rick I Weist Bi lo Bradshaw Otis I \ • • I • • • • • - • ,· • Moved Seconded Ayes Nay Absent Abstain ' HIQday L--Neal I v--Fl tzoatrick Wei st I Bi lo I Bradshaw I Otis \ \. 76 . ~ 6 -Z./ I . • • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain HIOdav Neal L--Fltzoatrick Weist Bi lo ;,.--Bradshaw Otis • I • • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Ab s tai n -H1odav -Neal -- Fltznatrick - Wei s t - Bi lo -V Bradshaw - Otis - I • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain -H1odav Neal l Fitzoatrick Wei st 7 Bi lo I Bradshaw I Otis r \ I • • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain ' -H1naay l V Neal I V Fitzpatrick I Weist I Bi lo I Bradshaw I Otis \ '- 7 UAU I • • • • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain v Hiqdav V Neal - Fl tzoatrick -Weist Bi lo Bradshaw - Otis - I • • • • • - • • ROLL CALL Moved Seconded Ayes Nay Ab sent Abstain Hlqdav Neal Fitzoatrick Wei st Bi lo Bradshaw Otis I . • • - • • ROLL CALL Moved Seconded AY,es Nay Absent '°"\_ Abstain Hi cida-v \ Neal ' ~ Fl tzoatrick I Weist I ~ Ai lo I Bradsh-I Otis \ • I • • • • - • • Moved Seconded v Hlcidav V' Neal Fl tznat rick Weist Bi lo Bradshaw Otis • I . . • • • - • • ROLL CALL Moved Seconded Ayes Na y Ab sent Abstain H1odav Neal L--Fi tzoatrick Wei st Bi lo '-Bradshaw I Oti s 6 -;;._,?' IL a 1 ) {L t ,Y 2 2 . U-/ j (}. <-i L t ~ /t1tfrh I • • ..:~-co • • _n • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hiadav Neal Fltzoatrick - Wei st - Bi lo Bradshaw Otis I • • • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Higday -Neal -Fitzoatrick .-..-J Weist -Bi lo -Bradshaw - Otis -- 1 • ;/0 ~ ·-c --L ,d-. {; J '?. 1:-<. t ) L ~ ~/ -<}/)(.___/ ? h --:f'l"l1 I ) . Jt ( D ('1 ~ l U-... e. / iu ..1 /00 l~ _/ '1))r.J( I I~ ) I .-~ ;' ) -I (~ t>· ./ ;J /.-.d,j { )) C < l ( (' ")l t: J I . . • • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain I--H1adav -'SI' Neal - Fitznatrick ,- Weist Bi lo I-- V Bradshaw Otis - -----2f.u/Jl 0 ) ) \ ' A £ 1 t. '~/\.._, 1..c , Ti,, 1 r / .( Z: _.,1-t n v · /( {/.. ,;/.(?' <..J f. l<. vA, _,< ) ,f(' C /.._, / ' 1/L, )) 1 / . ,au /l t Ad ff c.( > 2. ~ I l t~ I . . / ~ ' )t1 ::, j 2 'V / • • • -• • ROLL CALL Moved Se co n ded Ayes Nay Absent Ab s ta i n H1aday '\ -Neal \ V Fitzoatrick I We is t I Bi lo I I/ Bradshaw I Ot is I '- 6 6. • I . • • • • • Hoved Seconded A yes Nay Absent Abstain ' H1adav \ Neal I Fl tznatrick I Weist I ,,. Bi lo I V Bradsh-I Otis \ ' /), ( { I . • • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain ' Rlndav l Neal I I' Fi tznatrick J Weist I Bi lo I V Bradshaw I Otis I \ I • • • • I ! r - • Moved Seconded (_7 r 'l r d • • • ROLL CALL Ayes Nay Absent Abstain H,cidav Neal Fitzoatrick Wei st Bi lo Bradshaw Otis ,u·d1,' /J yt ,,,,,,_2,/ 6' r ,f/&< f /l, ,~~ ?-ul"-J A.L,,..-'<-N -(}u~ L~J ? ~~ / ' ' 4 ( ~.~,7-,/J?A.<_.,t;i,/ I . . • • SPECIAL MEETING: • • • COUNCIL CHAMB ERS CI TY OF ENGLE WOO D, COLORA DO Ma y 10, 1982 The City Council of the City of Englewood, Arapahoe County, Colorado, met in special session on May 10, 1982, at 7:30 p.m. Mayor Otis, presiding, call ed the meeting to order . The invocation was given by Council Member Thomas Fitzpatrick. The pledge of allegiance was led by Mayor Otis. Mayor Otis asked for roll call. Upon a ca ll of the roll , the fol l owing were present: Council Members Higday, Neal, Fitzpatri ck , Weist, Bradshaw, Otis. Absent: Council Member Bilo. The Mayor declared a quorum present • • * • • • • Also present were: City Manager Mccown Ass is ant City Ma nager v rgas City Att o rne y DeWitt • Assistant City A torney Ho lland Director of Com muni y Deve lopm nt Power s Assistant Director of Community Development-P lanning Romans Deputy City Cl rK Wat ins • • • • • COUNCIL MEMBER BRADSHAW MOVED TO OPEN THE P UBLIC HEARING TO CONSIDER AN ORDINANCE ON FINAL READIN G AMEN DING THE COMPREHEN- SIVE ZONING ORDINANCE OF THE CITY OF ENGLEWOOD BY REPEALING AND REENACTING SECTION 22.7 THEREOF TO REVISE THE SIG N CODE CO NTA INED THEREIN. Council Member Fitzpa trick s conded the motion. U on a call of the roll, the vote resul ed as follo ws: Aye s : Nays: Council Memb ers Higday, N al, Fitzpatrick, We is , Brad sha w, O is. None • I • • May 10, 1982 Page 2 Absent: • • - Council Mem ber Bilo. The Mayor declared the motion car r ied. Mayor Otis stated the purpose of this meeting was to seek comments on the proposed sign code. The Mayor stated there have been a number of changes within the City since the existitng code was adopted in 1974; and the Downtown Business Association and Englewood Downtown Development Authority requested the City to con- sider revisions to the existing code. Theref o re, the Planni ng an d Zoning Commission and the City staff have been working with busi- nessmen over the eight or nine months in order to develop a code that would be fair and equitable to the businessmen and still have a positive effect on the existing and future signage. There hav e been several public hearings in an effort to get input. Mayor Otis stated the proposed sign code has been endorsed by the Board of Di- rectors of the Centennial Chamber of Commerce. All the repo r ts and transcripts of these meetings and hearings have been made availab le to Council. Mayor Otis asked for the staff presentat i on. Susan Powers, Director of Community Development, appeared before Council and presented the proposal. Ms. Powers asked for consideration of the amendments to the Comprehensive Zoning Ordi- nance that are being recommended by the Planning and Zoning Commis- sion. Ms. Powers submitted an information packet inclusive of agendas, minutes, letters of communication and staff reports for the record. Ms. Powers submitted the publishers affidav it to show the hearing had been properly not iced . Ms. Powers read into the record a letter from the Centennial Chambe r of Co mm erce su pporting the proposed sign code ; a letter from John S. Roberts of Ralph Scho mp Oldsmobile supporting the concept but asking for special co nsideration since hey recently put up a sign and recons rue ion of a new sign wou ld be e xpen sive; and a letter from Plan West supporti ng the sign code. Ms. Power s passed out information to clarify some terminology in the code. Ms. Powers presented slides to summarize the code and show examples of proper signs and improper signs. Follow ing Ms. Powers presenta ion , May or o is asked for comments from the audience. Richard Home, attorney with the firm Davis, Graham, Stubbs , representing Ganet Outdoor Advertising of Colorado , appeared before Council. Mr. Hom e directed his discussion to ou door advertising , billboards. Mr. Hom stated he did not get a chance to com ment on this sign code until now. Mr. Hom e stated h met with Assistant City A torney Tom Holland a few days ago to ell him briefly of Ganet's conce rns. Mr. Hom elaborated on the legal questions that are rai sed in enforcing he proposed sign cod • Mr. Homes presented a zoning map of the Ci y id ntifying all of th billboards o wn ed by Gant. Mr. Home a d h r asons why the cod cannot succ ed w r : 1) federal law; and 2) non-comm rcial • I • • r May 10, 1982 Page 3 • • - speech. Under the Highway Bea utification Act of 1965, fed er al la w provides that any billboard lo cated with in 66 0 feet of a federal interstate or primary h igh way; and by virtue of Colorado S tate law, any board located within 660 feet of primary or secondary highways cannot be removed by anyone unless compensation is paid for that billboard. Council Member Neal aske d the City Attorney i f whet er o r not Council had to hear legal arguments from Mr. Hom e when t h e purpose of the meeting was to hear whether pe ople were in favor or against the proposed code. City Attorney DeWitt stated Counci l could hea r the argu- ments o r ask Mr. Home to make a summary of it . Mr. DeWitt s t ate d Mr. Home was making a point that was actually off the po int , spe ci- ficially, federal aid on federal systems. Mr. DeWi t stated Coun- cil was not proposing to use the ordinance for or against federal aid on a highway pro ject . Mr. DeWitt asked Mr. Hom to keep his comments to the point. Mr. Home apolog ized . He stated he was no arguing wheth er or not it was legal but meant to suggest that the pra ctical impact of the proposed code coupled with the federal laws were such that the code would not be successful. City Attorney DeWitt asked Mr. Home if he had a b r ief on the subject . Mr. Home stated he had given it to Mr . Holland as w ek. City Att orney DeWitt stated he would look at i and pre- sent a copy of it to Council. Further, he wo uld advise Council of his legal position for each one of the points. Mr. Home was agreeable to that a pproach. Mr. Home stated his second topic was to ri fly o u line the history of billboard codes in th ar a . Mr. Hom e discussed D nver prohibited billboards and after lengthly litigat io dropp d its amortization legislativ ly becaus e Denver discovered i simply would not work. Lakewood has been in l i igation since 197 4. San Diego undertook a full prohibition of billboards in 1971. The city got into liti gation in the United States Supreme Court and lost. Ten years later, the case is sill in h cou r s . Mr. Homes a ed litigation is xpen siv and in all of he aforementioned c ase s, ex - penses could have been cu if efforts h d b n mad e to si down and n gotiate the code in advanc • Mr. Hom proposed a compromia would p rmi bil l- boards to b reason bly regula d aa o si z o hav a plac in h City but a plac r s riced o c rtaln business and ndu s ria l • ) I • - May 10, 1982 Page 4 • • • Mr. Home concluded the re were two pos si ble altern atives other than litigation that could be taken which would be: 1) pay for all of the 25 existing billboards; or 2) sit down and discuss some form of reasonable regulation. Council Member Bradshaw asked Mr. Home who was Ganet's parent company. Mr. Home stated the parent company was Combined Communi- cation Corporation. Council Member Fitzpatrick asked if the company was depen - dent on outdoor advertising. Mr. Home stated the parent company was not. Council Member Neal asked how old the billboards wer e in Englewood. Mr. Home stated they all pred at ed 1974. Council Member Neal asked if Mr. Home was aware of the billboards and their condition. Mr. Home stated many were not nearly as good as those in Denver. The ones in Englewood have not been touched since the pr o- hibition in 1974 . Mr. Home stated paint ing gets done but i n terms of rebuilding them, it cannot be done under the existing code . Counc il Member Bradshaw asked Mr . Home how many other com- munities he had appeared at on behalf of Ganet. Mr. Home stated he was involved in a case in the State of Ma ine which was dismissed by the first circuit of appeals. Mr. Home stated most of them were in the Denver metro area within the last ten years. There wer no further com n s from Mr. Hom. Mayor Otis asked for the next sp ak r. Walt Stoel, 2921 South Downing, buain s ddr as of 4285 South Broadway. Mr. Sto 1 was in favor of th proposed code and urg d strong consid ration for ha aake of h new d v lopmen area. There wer no further com n a rom Mr. Sto 1. Mayor O is asked for the nax ap a er. Tom Hudgen s, 43 Sunae pany, appear db for Council . Drive, owner o Mr . Hud • S ign Coa - p ny I • • May 10, 1982 Page 5 • • • dealt with speciality signs consis ti ng of leasing 4 x 8 portable signs. Mr. Hudgens requested Counc il not to put his company out of business by the prohibition of portable signs. Council Member Bradshaw asked how long had Mr. Hudgens been in business in Englewood. Mr. Hudgens stated he started about April of last y ear. Mr. Hudgens stated most of his signs have been pla ced in the last four months. Council Member Higday asked how many signs had been placed in Englewood. Mr. Hudgens stated he had 10 total. Seven Englewood bus i - neses had signs, one of which had two. Council Member Neal asked if Mr. Hudgen s l i v e d i n Eng le- wood. Mr. Hudgens stated h is residence was in Cherry Hills wi t h an Englewood mailing address. Council Member Neal asked if Cherry Hill s allowed portable signs. Mr. Hudgens stated there were no areas in Cherry Hills where these signs or any other signs can be used commerc i ally. Mr. Hudgens stated he would like to see the c ode change d to allow portable signs. Mr. Hudgens stated there has been nat ion a l litigation over prohibition of signs. He had given the Assistant City Attorney info rmation about a case that occurred in Ge o rg i a. Mr. H~dgens summarized the case where a federal judge r ule d t her e could not be a total prohibition of portable sign s just because they were portable. Mr. Hudgens sh:>wed a photograph of one of h is signs but it was not made part of the record. There were no further comments from Mr. Hudgen s . Mayor Otis asked for th next speaker. Jerry Feather , 3467 South Broadway, appeared before Council. Mr. Feather discussed a newspap r article c oncerning he announcement of business failure in the United States because it was so expensive to operate. Mr. Feather asked Counc i l not to a dd another financial burden by cauaing businesse s to change their signs. • I • • - May 10, 1982 Page 6 • • • There were no further comments from Mr. Fe ather. Mayor Otis asked for the next speaker. Art Swords, 12 South Quebec Way, appeared before Council. Mr. Swords stated he worked with the Town of Avon, Colorado, in developing their sign code and organizing their general planning principles. Mr. Swords supported the proposed sign co de. Mr. Swords stated signage created the biggest single impact on a human being. Mr. Swords stated cities have allowed themselves to become a hodge podge of visual pollution. Mr. Swords stated regulation of signs can help the environment and quality of life without hurt ing marketability of businesses. Mr. Swords discussed his observations of signage during his tour of South America and how signage has been influer.::ed by America and Europe. There were no further comments from Mr. Swords. Mayor Otis asked for the next speaker. Ruth Tromley, 3104 South Vine Court, appeared before Council. Mrs. Tromley stated she had served on the 1974 Sign Code Committee and was unhappy to see some of the provisions unenforce- able. Mrs. Tromley stated the new code has provisions that are enforceable and urged passage now that Council has the opportunity. There were no further comments from Mrs. Tromley. Mayor Otis asked for the next speaker. Gordon Close, 3451 South Acoma, appeared before Council. Mr. Close endorsed the code. Mr. Close stated the new sign code was necessary to help the redevelopment of downtown Englewood. In response to Council Member Higday's question, Mr. Close stated he was president of d/b/a Englewood. Council Member Neal asked if Mr. Close knew the feeling of the general downtown area on the subject. Mr. Close stated the businessmen generally felt the problem ls partially the visual impact; and the new code is needed to promote downtown Englewood. There were no further comments from Mr. Close. Mayor Otis asked for the next sp aker. Mike Haviland, Director of the Englewood Downtown Develop- m nt Authority, 3535 South Sh rman, app ared befor Council. Mr. Haviland spoke in favor of th proposed sign code. Mr. Haviland stat d the code impacts th downtown area as w 11 as the total image of Englewood. Hr. Hav iland sta ed he attended the evolution • 0 I • • ....... May 10, 1982 Page 7 • • • steps of the code development and as a result thought it was a g ood code. There were no further comments from Mr. Haviland. Mayor Otis asked for the next speaker. Judith Henning, 2951 South Frank lin , appeare d befor Council. Mrs. Henning stated she sat through the 1974 revis i ons of the sign code. Mrs. Henning urged Council to stand firm and keep in mind the need to promote a good community. Mrs. Henning stated the cost was a good reputation not litigat ion fees. Mrs. He nning stated the existing code is lenient and has not saved the busi- nesses on South Broadway. Mrs. Henning added she was not adverse to compromise. There were no further comments from Mrs. Henning. Mayor Otis asked for the next speaker. Tom McGee, 6631 South Hillway, Littleton, appeared before Council. Mr. McGee stated he operated an outdoor billboard bus i- ness since 1955 in the Denver metro area. Up until 1974, he had built billboards in Englewood. He had none in Englewood now. His billboards promoted other businesses such as United Way. Mr. McGee stated outlawing billboards disallowed his business from operating in Englewood. There were no further comments from Mr. McGee. Mayor Otis asked for the next speaker. Bill Hopping, 4200 South Pearl, appeared before Council. Mr. Hopping stated the signage was disastrous along Hampden and South Boardway. Mr. Hopping stated people will not shop or move into the City because the bad first impression they ge mainly fro m signage. Mr. Hopping urged upgrading the City's image by support- ing the code. There were no further comments from Mr. Hopp i ng . Mayor Otis asked for the next speaker. Marjorie Becker, 644 East Yale Place, Vice Chairman of the Planning and Zoning Commission, appeared before Council. Mrs. Becker gave supporting presentation on behalf of th Planning and Zoning Commission. Mrs. Becker stated she as a citizen would like to see the billboards be torn down even if tax money has to be used tot ar them down or even enter into litigation to get hem re - moved. Mrs. Becker stated most p opl know where thy ar going shopping; and they g nerally do not need a big sign to a tr ct th m to a business. Mrs. B cker stated six commission rs w r in favor • I • • May 10, 1982 Page 8 • • - and three against when the vote was taken on the code . There wa s intense activity to get citizen participation, the code was not just one person's product. Mrs. Becker stated she and Chairman Ed McBrayer urged passage. Council Me mb er Higday asked Ms. Powers if there was record of the compatibility of the proposed downtown redevelopment and the proposed legislation. Ms. Powers stated comments from Don Ensign, Design Work- shop, were recorded in the packet she entered into the record earlier in the meeting. Mr. Ensign stated his image and the City's image of the downtown were consistent. Council Member Neal asked for an explanation of the three to ten year amortization schedule for removing signs. Ms. Powers stated every sign that exists now wi ll be guaranteed a three forming sign. The younger than that. years. year per i od for amortization if it is a non-co n - per i od of time would increase if the sign were The maximum any sign would have would be 10 Council Member Higday asked if the proposed code was acceptable to the Burt Chevrolet business. Ms. Powers stated the representatives were happier than what they were wi th the f i rst draft. Council Member Bradshaw asked if there would be enfor c e - ment problems. Ms. Powers stated she and her s taf f we re comm itt ed t o e n - f o r c ing the c ode if pas se d. Assista n t City Atto r ney Holland stated he attended the Planning and Zoning Commission meetings dealing with the Sign Code , as legal counsel . Mr . Holland stated many p ople parti c ipated in the work and the result, in his opinion , was a good document. There were no other comments . COUNCIL MEMB ER FITZ PATRIC K MOVED TO CLOSE THE HEAR I NG. Council Member Br ads h a w seconded t h e motion . Up o n a call o f the roll , the vote r es u lted as follo ws : Ay es: Na y s: Absent: Council Me mb ers Hi g day , Neal , F itz patr ic k, Weist , Bradsha w, Otis. No n e . Council Memb r Bilo. • ,.. ) I • • n - • May 10, 1982 Page 9 • • • The Mayor declared the motion carried. COUNCIL MEMBER HIGDAY MOVED TO ADJOURN. Mayor Otis adjourned the meeting without a vote at 9:23 p.m. • I • • • REGULAR MEETING: • • • COUNCIL CHAM BERS C ity of Englewood , Colorado M<1y 17 , 1982 The City Council of the Citv of Engle woo d , Arap<1ho e Co unty, Colorado , met in regular ses,ion on May 17 , 1982 , at 7:30 p .m. Mayor Otis , pr es iding, call ?d the meeting to order . The invocation was led by B~shop Phillip W. Nolen , Church of Jesus Christ of Latter-day Saints , Englewood Ward, 999 East Tufts Avenue. The pledge of allegia ice was led by Boy Scout Troop #92 . Mayor Otis asked for rol 1 c ,ll . Upon a call of the roll, the follo wing were present: Council Members Higday, Nea l , Fitzpatrick, Weist , Bradshaw , Otis . Absent: Council Member Bilo. The Ma yor d ec l a red a quorum present. * * * * * * Also pres n we r e : Ci y Manag r Mcco wn * Assistant City Manager Vargas City Attorney DeWitt Director of Parks & Recreation Romans Assisrant D!rec or of Parks & Recreation Kuhn Deputy Ci y CJ rk Watkins * * * * * COUNCIL MEMBER BRADSHAW MOVED TO APPROVE THE MINUTE S OF THE SPECI AL MEETING OF APRIL 2~, 1982 . Council M mb r Fitzpat rick seconded the motion. Upon a call of th roll, the vote resul d as follows: Council Members ll igcl.y , N 1 , Fi zp tric~ .• Wi s , Bradshaw, o is • • I • • - • May 17 , 1982 Page 2 Nays: Absent: • • • None. Council Member Bilo . The Mayor declared the moticn carried. * * * * * * COUNCIL MEMBER BRADSHAW MOVE ~ TO APPROVE THE MINUTE S OF THE REGULAR MEETING OF MAY 3 , 1982. Council Member Fitzpatrick seco nded the motion. Up on a call of the roll , the vote resulted as foll ows: Ayes: Nays: Absent: Council Memb ers Higday, Neal, Fitzpatrick, Weist, Bradshaw, Otis . None . Council Member Bilo . The Mayor declared the motion carried. * * * * * * There were no pre-scheduled visitors on h e agenda . * * * * * * There were no other visitors at this time . * * * * * * COUNCIL MEMBER BRADSHAW MOVED TO BRING FORWARD AGENDA ITEM 7C -PROCLAMATION PROCLAIMING PUBLIC WORKS WEEK AND AGENDA ITEM 70 -PROCLAMATION PROCLAIMING BUDDY POPPY DAY . Council Member Neal seco nded the motion. Upon a call of th roll, the vote re-::1111,,,1 .i:; follow t;: Ayes: Nays: Absent: Council Members Higday, Neal, Fitzpatrick, Weist, Bradshaw, Otis. None. Council Memb r Bilo. 'l'tw M.iy o r cl() 1.irccl Lh() moti n Cil rri cd . City Attorney DeWitt poin d out an am ndment to the Buddy Poppy Day proclamation. The amendmert was to change th day to May 22 . COUNCIL MEMBER FITZPATRICK ~OVED TO ACCEPT THE PROCLAMA- • I • • n • • • • May 17 , 1982 Page 3 TION DECLARING MAY 22 , 1982 , AS AMEND 1 :D, AS BUDDY POPPY DAY . Co un- cil Member Bradshaw seconded the motion. Upon a call of the roll , the v ote resulted as follo ws : Ayes: Nays: Absent: Council Members Hi ~d ay, Neal, Fitzpatrick, Weist, Bradshaw, O~is. None. Council Memb er Bil •,. The Mayor declared the motio r. carried. Mayor Otis presented the pro ~lamation to representatives of t h e V.F.W . and the American Le gion . They in turn present ed Mayor Otis with a Buddy Poppy and a BJddy Poppy tie tack . COUNCIL MEMBER BRADSHAW MOVED TO ACCEPT THE PROCLAMATION DECLARING THE WEEK OF MAY 23 -29 , 1982 , AS PUBLIC WORKS WEEK. Council Member Neal seconded the motion. Upon a call of the roll, the vot e resulted as follows: Ayes: Nays: Ab sent : Council Members Higday , Neal, Fitzpatrick, Weist, Bradshaw, Otis. None. Council Member Silo . The Mayor declared the motion carried . City Ma nager Mc co wn stated there were several small public works projects that wer e going to be dedicated this week in honor of Public Work s We e k; and exte nded a n invitation to those who co u ld come . Mr. Mccown stated he had a schedule for the newspaper s . we r : • * * * * * "ommun ir«ti o n :; -No Ac l io 11 H •co mm c nd •<l" o n th .1<J •n d. (a) (b) (c) (d) Minutes of the Housing Authority meeting of March 24, 1982 . Ml nu s o f h nown own D v lopm nt /\u hor l ty 111 <'<'1 in•J o r llpri 1 ,,,, l'lll ;). Minutes of the Planning and Zoning Commission m ting of April ,0 , 1982 . Minu es of th Urtan Rn wa l Au hority m ting of April 21, 1982. • I • • - • May 17 , 1982 Page 4 (e) ( f) • • • Minut es of th e Liquor Lic e ns e Authority meet ing of May 5 , 1982 . Memorandum from Division Chief Frazier of the Englewood Police Department to Ass istant Di- rector of Finance ~o wry concerning a b eq u est to the Englewood Poli ~e Department. COUNCIL MEMBER BRADSHAW MOVE ~ TO ACCEPT "COMMUNICAT IONS - NO ACTION RECOMMENDED" AGENDA ITEMS 5\ -SF. Council Memb e r Neal seco nded the motion. Upon a call of t he roll, the vote resulted as follows: Ayes: Nays: Absent: Council Me mb e r s Hi ')day, Neal , Fitzpa tr ic k, Weist, Bradshaw, O~is . None. Council Member Bil ~. The Mayor declared the motio r· ca rri ed . Co uncil Member Neal expressed appreciation for the be- quest . Mr. Neal stated the contribution was used to purchase a m ter to moni o r i n -coming cal l s to the Police Department . * * * * * * Ma y o r Otis presented a letter Crom Robert M. Brun dage , 4140 South lluron St r eet , conce rni ng his resignation from the Board of Career Se rv ice Commissioners . COUNCIL MEMBER BRADSHAW MOVED TO ACCEPT THE RESIGNATCON WITH REGRET. Council Member Fitzpatrick seconded the motion . Upon a call of the roll, the vote resu lted as follows: /\y s: N ys: Absent : Council Members lli<J rlay , Ne 11l , Fitzpatrick, W0int , nr;idshnw, Otis. Non • Council Member Bilo . The Mayor d clared the motion carried . Co uncil M mb r Fitzp trick Lt1 d th v c nt position should b fill d by appointm n from citiz ns wh o ht1v i>xpr s. d n in r s in p r icipa ing on 8011rd nd Commis ions . CO UNCIL MEMBER FITZPATRICK MOVED THE POSITION VACATED BY ROBERT BRUNDAGE BE FILLED BY BETTY KEENA FOR THE REMAINING TERM . • I • • -- • May 17, 1982 Page 5 • • • Co uncil Member Bradshaw seconded the motion . Upon a cal l of the roll , vote resulted as follows : Ayes: Nays: Absen t: Coun c il Memb e rs lligday, Neal, Fitzpatrick, Weist , Bradshaw , Otis . None. Council Member Bilo. The Mayor declared the motion ca rri ed . * * * * * * Mayor Otis presented a Council Communication f rom th e Public Library Advisory Board concerning an award of contract for consulting services and related appropriation of funds for consult- ing ser vices. COUNCIL MEMBER NEAL MOVED TO AWARD THE CONTRACT TO RMG CONSU LTANTS, INC . FOR CONSULTING SERVICES TO THE LIBRARY AND RE- APPROPRIATE $6,955 TO THE UNEXPENDED 8 ALANCE TO THE LIBRARY BUDGET AND ALSO APPROVE ADDITIONAL APPROPRIATION OF $4,860 FOR THE PURPOSE OF THE CONS ULTING SERVICES . Council Member Higday seconded the mo- tio n. Upon a call of the roll, th e v0te resulted as follows: Ayes: Nays: /\IJ :; •n I.: Council Members Higday , Neal , Fitzpatrick, Weist, Bradshaw , Ctis . None . Cou11cil Member Uilo . The Mayor declared the motion carried . City Manager Mccown stated the appropriation resolution would be presented at the next regular Council meeting . ORDIN ANCE NO. 22 SERIES OF 1982 • • • • l\Y /\U'l'IIOl!J TY * • COUNCIL BILL NO. 21 INTRODUCED BY COUNCIL MEMBER BILO AN ORDINANCE CREATING PAVING DISTRICT NO. 28 IN THE CITY OF ENGLE- WOOD , COLORADO , ORDERING THE CONSTRUCTIO N AND INSTALLATION OF STREF.:T PAVING , CURB /\ND GUTTER AND SIDEWALK IMPROVEMENTS TOGETIIER WITH NECESSARY INCIDENTIALS , ON CERTAIN STREETS AND AVENUE S ; PROVIDING FOR THE ISSUANCE OF BONDS IN PAYMENT FOR SAID IMPROVEMENTS; AND SETTING FORTH OTHER DETAILS IN CONNECTION WITH THE DISTRICT . • I • • - • May 17, 1982 Page 6 • • • CO UNC IL MEMB ER FITZPATRICK MOVED TO PAS S COUNCIL BILL NO. 21 , SERIES OF 1982, ON FINAL READING. Co uncil Member Neal seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Na y s : Absent: Council Members Higday, Neal , Fitzpatrick, Weist, Bradshaw, Otis. Non e . Council Member Bilo. Th e Ma yor declared the motion ca rri ed . ORDIN ANCE NO . SERIES OF 1982~~ * * * * BY AUTHORITY * * COUNCIL BILL NO. 28 INTRODUCED BY COUNCIL MEMBER FIT Z PATR ICK AN ORDI NANCE APPROVING A CONTR ACT FOR MUNI C IPAL SE RVICE S TO P ERMIT OT IIER GO VERNM ENTAL ENTITIES T O USE THE ENGLEWOOD ANIMAL SHELT ER. COUNCIL MEMBER FITZPATRICK M9VED TO TABLE COUNCIL BILL NO . 28 , SERIES OF 1982, UNTIL JUNE 21. 1982. Council Member Brads haw seco n ded the mo tion . Upon a ca ll of the roll, the vo te r1•,;11l I C(l ,,s roll OW!.: Ay es : Nays: Absent: Co un cil Me mber s Hi ~day , Ne al , Fitzpatrick, Weist , Bradshaw , Otis . None . Council Memb r Bilo . ThP M,yor d clnrcd the mo ion carri d . • * • * * City Attorney DeWitt transmitted a memorandum concerning revising the Engle woo d Criminal Code . Mr. DeWitt stated he was waiting for comments back from departments involved in the code . * * * * * * City Attorney D•Wi t discur::;NI Lh C re r S rvic llo,ird 'ti ruling in th matt r of Wing and W lbourn gri vane on th City 's overtime policy . The Board ruled in favor of th City and the I • • - • May 17, 1982 Page 7 • • • period of time is not overtime but well within the work day. * * * * * * City Attorney DeWitt discussed the matter of the Gothic Theatre. Mr. DeWitt stated the City moved to prevent the Theatre from showing certain types of adult film as prohibited by the ordinance passed by City Council. Last Thursday, the Court ruled enforcement by the City was appropriate. * * * * * * City Attorney DeWitt informed Council the matter of Odd- fellows vs. the City would be argued Friday at 9:30 a .m. * * * * * * City Attorney DeWitt stated tentative hearings were set up for Monday in District Court on the sergeants case and the adult bookstore case. * * * * * * City Attorney DeWitt discussed the water tower case and offered a bill to n m nd the zoni ng ordinance to allow construcLion of water Lowers a nd other public utilities in various zone dis- tricts . Mr. DeWitt stated the p1oposal was fashioned on two cases decided by the Colorado AppellatE Courts. The indications from the two cases are that if a zoning ordinance takes effect af er an action has been commenced and these ordinances permit the activity previously prohibit ed by the zoning ordinance, the Supreme Court will enforce the ordinance . Mr. DeWitt stated the bill must go through hcnrings by both th<' Pl;irning .ind Zoning Comrni i,i ;ion ,,ncl the C iLy Council . OHDIN/\NCI:: NO. 'S ERIE S OF 1982~~ BY AL ;THORITY /\ BlLL FOR COUNCIL BILL NO. 20 INTRODUCED BY COUNCIL MEMBER FITZPATRICK /\N OHOIN/\NCE /\DOING P/\R/\Gl<APII ?2 . 1-8 1'0 'fHE COMPREllEN S IV ZONING ORDINANCE TO CLARIFY THE EXEMPTION OF CITY OWNED OR OPERATED UTILITIES FROM ITS REQUIREMENTS AND REGULATIONS. COUNCIL MEMBER FITZPATRICK MOVED TO PASS COUNCIL BILL NO. 20 , SERIES OF 1982 , ON FIRST READING AND TO SEND IT TO THE PLANNING AND ZONING COMMISSION FOR CONSIDERATION BEFORt S CONu READING. Council M mber Br d haw cond d h mo ion. Upon c 11 of th roll, the vot resulted as follows: I • • - • Ma y 17 , 1 982 Pd ge 8 /\yes: Nays: Absent : • • - Cou n cil Memb e r s Hi g<la y , NeAl , FitzpAtri ck , We i st , Bradshaw , Otis . None . Council Me mb er Bilo . The Ma yor declared the motion carried. * * * * * * City Manager Mccown presented a Council Communicat i on con- cerni ng a resolution a ppropriating the balanc e of Titl e II funds to Lhc Engineeri ng Services Department . RESOLUTION NO. 23 SERIES OF 1982 A RESOLUTION AMENDING THE 1982 GENERAL FUND BUDGET. CO UNCIL MEMBER BRADSH/\W MOVED TO PASS RESOLUTION NO. 23 , SERIES OF 1982 . Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vot e resulted as follo ws: /\y,•:;: Nays: Abs ent : <:u un<:il. Memb·r,; lli':)<l oy , Neal , FiL:i:patrick , Weist , Bradshaw , Otis . None. Co un cil Memb r Bilo . ThP M,,yn, ,1,•,·l.i r1 •d th,· 1u1,I 1 •11 , •• ,, t i•·t l. * * * * * * City Manager Mccown present•d a Council Communication con- cerning he award of the Belleview Pock Pump Station project • . Director of Parks and Recre tion E. P. Romans and his Assistant Director , Leon Kuhn, were present and appeared before Counci l. Oi rec or Romans Answer cl qi s ions reg,,rcl inq th ""'"'-!,1ty of lhP projP c l. /\:.;!;i :;L,1111 Oircelor Kuhn cxpl,1inNI 111 , •,y•.t ('Ill. COUNCIL MEMBER BRADSHAW MOVCO TO AWARD THE BELLEVIEW PARK PUMP STATION PROJECT BID TO WILLIAM rORAN CO NSTRUCTION INC. IN THE AMOUNT OF $67 ,000 .00 . Council Member Fitzpatrick s conded the motion . w, Council M mb r N l ask d iC th r w r o irrlg11 B 11 vi w P rk. nyw y o us dr in I • • • • • Ma y 17 , 1982 Page 9 Director Romans s t ated the City did not own the rights to u se the water. Upon a call of the roll, the vote resulted as follows: Ay es: Nay s : Absent: Council Me mb e rs Hi~ctay, Neal, Fitzpat ri ck , Weist, Bradshaw , Otis. None. Council Member Bilo . The Mayor declared the motion carried. * * * * * * City Manager Mccown presented a Co un cil Communication con- cerning the award of the McLellan Reservoir and Englewood Golf Co urse Fencing Project. Director Roman s stated Win slo w Company would participate in the costs of the fencing project at the golf course . It was only a matter of letting Winslow know what the bid was and seeing how much they wa n t to pay . Council Member lli<Jcl uy qu<-ricd why th City die! no g•L ,, commitmc nL Crom Winslow be[ore Lhe maLte r was brought to Council . COUNCIL MEMBER BRAD S HAW MOVED TO AWARD THE MCLELLAN RESERVOIR FENCING TO AMERICAN COLORADO FENCE CO MPANY UTILIZING THE EIG HT (8) FOOT COATED FENCE FOR THE AMOUNT OF $50 ,262 .00; AND TO /\WARD THE ENGLE WOOD GOLF COURSE FENCING TO LIFE TIME FENCE CO MPANY WTT II /I F/\AnTC/\TF:D STP.F:r. C./\TF: Pon TIIP. M/\TN ENTR/\NCE /\N D I\ f,T NGr.r. C:/1'1'1·: WI 'I'll C'0/1'1'1:ll C'll/1 IN I. INK 1·'011 '1'111·: 1-:N'l'llANCE HO/\D F Oil TIit·: 'l'O'l'/\L AMOUNT OP GJ7 ,75 5 .00. Council M mber Fitzpatrick seconded the mo- tion . rouncil M mber lllgd y would vote agains th mo- ion. II w s not gains h cone ( ncing he cours Mr. lli()d< y s a d now h t h re w s a ballpark figur , th Ci y should <JO to Winslow , s e if he is willing t> p rti ci pate, negotiate, and om b,ck to ,k ,c ion. <'011nc i I f,I .ilt d Lhl' City hil!i dl'tl) l wi I h Win low n ' gr m p rticul,,r pur- Che SL' 0 ( proc•dures COUNCIL MEMBER NEAL MOVED TO TABLE THE MATTER. Cound l Hi9d y cond d th mot ion . Upon a c~ll of th roll, th vot resul ed as follows: I • • - • May 17, 1982 Page 10 Ayes: Nays: Absent: • • • Council Memb ers Higday, Neal. Council Memb ers Fitzpntrick, Weis t , Bradshaw, Otis. Council Member Bilo. The Mayor declared the motion defeated. Upon a call of the roll, the vote on ~he original motion resulted as follows: Ayes: Nays: Absent: Council Members Hiqday, Neal, Fitzpatrick, Weist, Bradshaw, O~is. None. Council Member Bil n . The Mayor declared the motio11 carried. * * * * * * City Manager Mccown presented a Council Communication con- cer ning the award of con rac for he construction of the Wes t Ox- ford Avenue Golf Cours Turn Lan s . Council Memb r Higday cautioned the use of this company due to the poor work h y had don on a personal proj ct . Mr. lligday advised s aff o c r fully insp ct th surface work. COUNC IL MEMBE HIGDAY MOVED TO AWARD THE CONTR ACT TO THE LOW BIDDER BITUM INOUS ROADWAYS OF COLORADO IN THE AMOUNT OF $46,566.14 FOR THE TURNING LANES ON WEST OXFORD INTO THE NEW ENTRANCE INTO THE GOLF COURSE . Council Member Bradshaw seconded t he mot io n. Upon a call of the roll , the vote resulted as follows: Ay s : Nays: Absent: Council M mb rs Higd y, N al , Fitzpatrick, wist, Bradsha w, Otis. Non . Council Member Silo. The Mayor declared the motion car ried. * * * * * * City Manage r Mccown presented a Co un cil Communication con- cerning co nsideration of a new official seal for the City • • I • • - • • Ma y 17, 1982 Pa g e 11 • • • Council Memb e r Higday preferred to have more c hoic es from which to select the seal . Mr. Higday stated these c hoi ces were not nece ssa rily to b e developed by someo n e outside the City . * * * * * * City Manag e r Mccown discussed an invitation from Colo rado Muni cipal League to participate in CML's proceedings before the Public Utilities Commission against a 1982 Mountain Bell ra te in- crease . The CML has funded such projects by going to each munici- pality for financial help if there is participation. Mr. Mccown stated the fee would be based on 5 cents per capita or $1,501.50. Any amount of money left over is prorated back to the parti c ipating municipality. COUNCIL MEMBER FITZPATRICK MOVED TO PARTICIPATE. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Neal, Fitzpatrick, Weist, Bradshaw , Otis. Non e . Cou n cil Member Bilo . The Mayor declared the moti0n carried. * * * * * * City Mt1nag r Mc-Cown pr<>~<'nl ,•d .-, rc•q11<'~I from rirP C'hicf llrom,,n lo ,,IL •nd ;in oul -of-:; ,•l<' ·on <'r nc • in FL. WorLh , 'l'exns , on M,1y 211 , 2~, 26 , 1982 . COUNCIL MEMBER BRADSHAW MOV~D TO ALLOW CHIEF BROMAN TO ATTEND THE OUT-OF-STATE CONFERENCE . Council Member Higday seconded the mo ion. Upon a call of Lh roll, the vole resulted as follows: Ayes: Absent: Council Members Higday, Neal, Fi zpatrick , Weis , Br,dsh w , Otis. None. Council Member Bilo. Th Mayor declared the motion carried . * * * * * * Co,11wi I M,•1111J,•1 F1 :.:p.il r1ek vxpn•:.:t,lid , ppr1,ci,1Lion tor the co11c rn d ciliz ns who attend d th court session against the Gothic Theatre last Thursday. • • • * * I • • - • • • • - May 17 , 19 8 2 Page 12 * * * * * * Co un cil Me mb er Br a d s h a w co m1 ,l i me nt ed sta ff on th e ope n i n g ceremon ie s a t Orchard Place over the week e nd. * * * * * * COUNC I L MEMBER NEAL MOVED T r, CONGRADULATE CITY ATTORN EY AND AS SISTANT CITY ATTORNEY TO I NDIC ATE TO THEM COUNCIL'S AP P RE- CI ATI ON FOR THE TR EMENDOUS AMOUNT OF WORK THAT HAS GONE INTO ALL THE ORDINANCES THAT ARE NOW BEING TE HTED IN COURT. Counc i l Me mber Hi gday seconded the mot i on. Upon a rall of the roll, the vo te res u lte d as f ollows: Aye s : Nays: Abse n t: Council Members Higday, Neal, F i tzpatrick, Weist, Bradshaw, Ot is . Non e . Coun cil Me mb er Bile . The Mayor decla r ed t h e motion car r ied . City Attor n ey De Witt thilnkC'cl Counr:i l for the support . * * * * * * Council Member Fitzpatrick suggest d sending out leLLers of ppreciation for s up port to those citizens who attended he court session . Mayor Otis c on c u r r ed a n d asked staff to have letters prepared for his sign ature a n d Council Member Fitzpatrick 's signa-l II r <' • 8 :50 p.m. * * * * * No further business was discussed . COUNCIL MEMBER HIGDAY MOVED TO ADJOURN. * M yor O is adjourned the meeting without a vote at • I • • - SPECIAL MEETING: • • • COMMUNITY ROOM CITY OF ENGLEWOOD, COLORADO May 24, 1982 The City Council of the City of Englewood, Arapahoe County, Colorado, met in special session on May 24, 19 82, at 12:10 p .m. Mayor Otis, presiding, called the meeting to order. The invocation was given by Council Member Thomas Fitzpatrick. The pledge of allegiance was led by Mayor Otis . Mayor Otis asked for roll call. Upon a call of the roll, the following were present: Council Members Neal, Fitzpatri ck , Weis t , Bradshaw, Otis. Absent: Council Members Higday, Bilo. The Mayor declared a quorum present • • • • • • • Also pre s nt were: City Manage r Mccown • Assistant City Manager Vargas City Attorney DeWit Assistant Ci y At torney Holland Deputy City Clerk Watkins • • • • • City Attorney DeWitt stated the purpose of them ting was to consider res olution appointing Jack Olsen as spec! las ista nt city attorney to handle proper and various legal mat rs involving the case against the adul book store. RESOLUTION NO. 24 SERIES OF 1982 A RESOLUTION APP OINTING JACK OLSEN, P.C., SPECIAL AS SISTANT CITY ATTORNEY. COUNCIL MEMB ER BRADSHAW MOVED TO PASS R SOLUTIO NO. 24, SERIES OF 1982. Council M mb r W 1st second d he mo ion. Upon a call of th roll, he vote re ul d a follo ws: I • • - • • • • May 24, 1982 Page 2 place. Ayes: Nays: Absent: Council Members Neal, Fitzpatrick, Weist, Bradshaw, Otis. None. Council Members Higday, Bilo. The Mayor declared the motion carried. * * * * * * Due to special meeting status, no further discussion took COUNCIL MEMBER NEAL MOVED TO ADJOURN. Mayor Otis adjourned the meeting without a vote at 12:13 p.m. • I • • - r llll.lSHEll'S AFFIDAVIT ST ATE OF COLORADO. 'l)UNTYOF l\rapahoe Jack L. Bacon ) )SI. ) do solemnly,..., thal I am the •..•... , . Editor ........•.......... , .... ol Englewood Se n tinel th~,·,~·~,:,;.; i~ ·~ ~ki~ ~~~ ~b,i~h~ 1n 1heC,1yol .E.ng_l .~w~~~ County of ............ St~t~ ~I ~ado, and has • general circulation lhe<ein; 111a1 said -hu _, pubUahed conUnuoualy and unlnter,uptedly In aald Arapahoe County of ••..•. , •••............•...•••...• lo, a period oi mo,e ,h'a"n 5°2 weeti:1 p;iof to the li,st pubkaUon of the anneHd notice, that said • """¥Spaper la entered in the poat office at Colorado. as second class mail manor and 1h31 the said newspaPof 11 a newsp899f w1l h1n lhe meaning of Ille Kt of the 0-AI Au-bly of lhe State of CCMOtedo. approved March 30. 1923. and Ofllilled"Loeal-lcea_A_II" and -ac:la relating IO Ille p,lnffng - publishing ol )egal nottcn and adYertif.ffl«'lts, that the ann~u,eo nonce wH pubNshed In the ,nouia, nd enu,o ltauos or said nowspapot once eec.n '#Mk. on tM same day ol each weell: '°' lhepetioclof consocut vo lnSOf'Uons. thDI lho lw U put>hQltt,on of Utd ~per dated May 19, 82 ti andt 1a t ,wbhcatton of .. Id notice wH m the 111-..e ot ,o newspaper dated My 19, 1f2 ,,.uA tJ~~ Y,SCrlt>9d end sworn to befOfe mt, • Notary 20th dayot 19 82 Notary Publ.C • • • • • RE CEfVED MAY 2 51982 DEPT. Of FINANCE ENGLEW.'.JOD I • • • • • • 4 A BY AUTHORIT'i ORDINANCE NO. '1., b SERIES OF 198-2~~ COUNCIL BILL NO. 30 INTRODUCED BY COUNCIL MEMBER BILO AN ORDINANCE AMENDit«; THE COMPREHENSIVE ZCtUr«:; ORDINANCE OF THE CIT'i OF ENJL~D TO PERMIT~ VEHICLE REPAIR USE AS A CCNDITIONAL USE IN THE B-2 ZONE DISTRICT. WHEREAS, the City of Englewood adopted a Comprehensive Plan for the City of Englewood in 1979; and WHEREAS, relevant goals established in the Comprehensive Plan include the fostering and attraction of new businesses which are appropriate to the B-2 Zone District; and \<tlEREAS, the B-2 Zone District does not currently allow the use of motor vehicle repair business but the City Planning and Zoning C011'1T\ission has determined that motor vehicle repair use can be appropriate to the B-2 Zone district as a conditional use; and \<tlEREAS, said conclusion of the City Planning and Zoning Corrrnission was reached after its Charter responsibility of public hearing and findings of fact which the City Council hereby adopts. NCW, THEREFORE, BE IT OODAINED BY THE CIT'i COUNCIL OF THE CIT'i OF ENJL~D, COLORADO: Section 1 The Englewood Comprehensive Zoning Ordinance is hereby amended to allow motor vehicle repair uses as conditional uses therein by amending &22.4-11 h. thereof to add the following subsection: 22.4-11 h Conditional Uses. 22.4-11 h 2 Motor Vehicle Repair businesses, not including body or fender work, dismantling or collision repair, and provided that: 1) Motor vehicles being serviced or stored while waiting to be serviced or called for are not parked on streets, alleys, public sidewalks or parking strips; 2) All work is performed within an enclosed structure; 3) No materials or parts are deposited or stored on the premises outside of n enclosed structure. 4) Aroy area subject to wheeled traffic or storage is screened from adjacent or adjoining residential districts by closed-face wood, block or brick wall • • I • • . , • • • • 22.4-11 h 3 Motor Vehicle Laundry or Polishing business, which shall comply with the following conditions: · 1) A minimum of three (3) parking spaces shall be provided on the site for each washing stall; 2) The site shall be paved to the specifica- tions of the Department of Engineering Services; 3) All waste water shall be discharged into the sanitary sewer line after having been run through a sand trap; 4) All lights used to illllllinate the area shall be directed away from adjacent residential properties. Introduced, read in full, and passed on first reading on the 3rd day of May, 1982. Published as a Bill for an Ordinance on the 5th day of May, 1982. Read by title and passed on final reading on the 7th day of June, 19 82. Published by title as Ordinance No·~~~~' Series of 1982, on the 9th day of June, 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 that the above and foregoing is a tru , 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 • • ·In - • OODINANCE NO.o7 ~ SERIES OF 1982 • • • BY AUTHORITY COUNCIL BILL NO. 30 INTRODUCED BY COUNCIL MEMBER BILO AN CRDINANCE AMENDINJ THE COMPREHENSIVE ZOOil'«i CIIDINANCE OF THE CITY OF ENJLEW'.JOD TO PERMIT MOTOR VEHICLE REPAIR USE AS A C(l,IDITIONAL USE IN THE B-2 ZOOE DISTRICT . WHEREAS, the City of Englewood adopted a Comprehensive Plan for the City of Englewood in 1979; and WHEREAS, relevant goals established in the Comprehensive Plan include the fostering and attraction of new businesses which are appropriate to the B-2 Zone District; and WHEREAS, the B-2 Zone District does not currently allow the use of JOOt o r vehicle repair business but the City Planning and Zoning Conlnission has determined that JOOtor vehicle repair use can be appropriate t o the B-2 Zone district as a conditional use; and \\HEREAS, said conclusion of the City Planning and Zoning C011111 ission wa s reached after its Charter responsibility of publ ic hearing and findi ng s of fact which the City Council hereby adopts. NC)cJ, THEREFCRE, BE IT CJm\INED BY fflE CITY ro.JNCIL OF 'llIB CIT'i OF ENJLOIOOD, COLORADO: Section 1 'Ille Englewood c ~rehens i ve Zoning Ord i nance i s hereby amended t o allOlli motor vehicle repair uses as conditional uses there i n by amend i ng &22.4-11 h. thereof to add the f o llOlliing subsec tion: 22.4-11 h Conditional Use s . 22.4-11 h 2 Motor Vehic l e Repa i r businesses, not includi ng body or fender work, dismant ling or col lis ion repa i r, and prov i ded that: 1) Mo tor vehicles be ing se r viced or sto r ed wh ile waiting to be ser viced or called for are not parked on str ts , alleys , public sidewalks or parking strips; 2) All work is performed within an enclo structur e ; 3) No ma terials or pa rts a r e de po sited or stored on th pr is s outsid of an nclosed structur . 4 ) Any area subject to wh led traffic or sto r age is sc r ned from adj c nt or adjoining reaid ntial dis ricts by a clo ed-fac wood , block or brick 11 • • I • • - • ORDINANCE NO.ol ~ SERIES OF 198-2~~ • • • BY AUTHORITY COUNCIL BILL NO. 30 INTRODUCED BY COUNCIL MEMBER BILO AN OODINANCE AMENDING THE COMPREHENSIVE ZOOING OODINANCE OF THE CITY OF ENGLEWJOD TO PERMIT MOTOR VEHICLE REPAIR USE AS A ~DITIONAL USE IN THE B-2 ZOOE DISTRICT. WHEREAS, the City of Englewood adopted a Comprehensive Plan for the City of Englewood in 1979; and WHEREAS, relevant goals established in the Comprehensive Plan include the fostering and attraction of new businesses which are appropriate to the B-2 Zone District; and w-IEREAS, the B-2 Zone District does not currently allow the use of m::,tor vehicle repair business but the City Planning and Zoning Conmission has determined that m::,tor vehicle repair use can be appropriate to the B-2 Zone district as a conditional use; and l'IIEREAS, said conclusion of the City Planning and Zoning Conmission was reached after its Charter responsibility of public hearing and findings of fact which the City Council hereby adopts. NCW, THEREFORE, BE IT CJID11,INED BY THE CITY COUNCIL OF THE CITY OF ENGLM)()D, COLORADO: Section 1 The Englewood Comprehensive Zoning Ord i nance i s hereby amended to a l low motor vehicle repair uses as conditional uses therein by amending &22 .4-11 h. thereof to add the following subsection: 22 .4-11 h Cond i tional Uses. 22 .4-11 h 2 Mo to r Veh icle Repair bus i nesses , no t including body or f e nd e r work, dismant li ng or col lision r e pa ir , and provided that: 1) Motor vehicles being serviced or sto r ed while waiting to be serviced or called for are not parked on streets, alleys, pub lic sidewalks or parking strips; 2) All work is pe r formed within an enclosed structure ; 3) No materials or pa rts are de po sited or stored on the prem ises outside of an enclosed structure . 4 ) Any area subject to wh eled traffic or storage is sc r e ened from adjacent or adjoining resid ntial dist r icts by a closed-fac wood , block or brick wall • • I • • \ • • • • 22.4-11 h 3 Motor Vehicle Laundry or Polishing business, which shall comply with the following conditions: · 1) A minimum of three (3) parking spaces shall be provided on the site for each washing stall; 2) The site shall be paved to the specifica- tions of the Department of Engineering Services; 3) All waste water shall be discharged into the sanitary sewer line after having been run through a sand trap; · 4) All lights used to ill1m1inate the area shall be directed l!hlay from adjacent residential properties. Introduced, read in full, and passed on first reading on the 3rd day o f May, 1982. Published as a Bill for an Ordinance on the 5th day of May, 1982. Read by title and passed on final reading on the 7th day of June, 198 2. Published by title as Ordinance No. cf-/p , Series of 1982, on the 9th day of June, 1982. Attest : Eugene L. Ot is , Mayor ex officio City Cler k-Treasurer I , Gary R. Higbee , e x officio City Clerk-Tr e a surer of the City of EnglelolOod , Colorado , hereby cer tify that the above a nd foregoing is a true , accurate , and complete copy of the Orji~ce pa ssed on final reading and published by title as Ordinanc e No .~, Se r ies of 198 2. Gary R. Higbee -2- • I • • • • • • 5 A BOARD OF ADJUSTMENT AND APPEALS CITY OF ENGLEWOOD, COLORADO April 14, 1982 MINUTES The regular meeting of the Board of Adjustment and Appeals was called to order at 7:30 p.m. by Chairman Roger Gag e . MEMBERS PRESENT: MEMBERS ABSENT: ALSO PRESENT: Kreiling, Seymour, Gage, Brown, Dawson, Leonard, Hallagin None Dorothy A. Romans, Assistant Director, Planning L. D. Yenglin, Planner I Jane Coleman, Recording Secretary * * * * * BOARD MEMBER SEYMOUR MOVED TO APPROVE TH E MINUTES OF THE MARCH 10, 1982 REGULAR MEETING OF THE BOARD OF ADJUSTMENT AND APPEALS. Board Member Brown seconded the motion. Upon call of th e r ol l, all memb e r s v o ted in the a ffirmative . The minut es s t a nd APPROVED as wr itten. CASE NO. 2-82 * * * * * FOE RSTE R INV ESTMENTS Ca rl M. Dun c an 306 0 S. Acoma This case was brought before the Board of Adjustment and Appeals as a continued case from the March 10th, 1982 meeting. However , this being the second time th t no one representing Foerster Investments appeared, the case was dismissed. * * * * * CASE NO. 4-82 MICHAEL ROSS , CONTRACTOR 900 E. Amh rst REQUEST: Th applicant ii requesting a variance from t h e Minim um Fr ont Yard S tback on a corn r lot from 15 feet to 10 feet and t h Minimum Sid Yard Setback on a corn r lot from 25 f et to 6 feet for the pu r pose of constructing gar ge. Thia ia a variance from the Comprehensiv Zoning Ordin anc S ction 22.5-13 .(2) nd S ction 22.5-13 a.(3) -Corn r Lota . • I • • • • • • -3- ga rage t o be within the zoning regulations and would agr ee to a garage on a smal ler s c a l e. John Van Se iver, 2750 South Emerson, Englewood, Co l orado, was sworn in f or testimony. He presented a letter from James Girdwood, stating his o pp osition to the proposal. This letter was presented as Exhibit "A". He state d t hat the average garage in the four-block area was a one-and one-hal f car garage. He felt that he would not object to a garage which would be of a size c on s istent with the area. He also presented a petition which states: "I do not object to a garage being built at 900 E. Amherst Ave. However, the garage should be of a size consistent with those already existing in the neighborhood." There were seventeen signatures on the pe tition , which was plac ed in the rec ord a s Exhibit "B". Speaking in rebuttal, Mr. Ross noted that the proposed structure was intended to be in alignment with a garage on the O'Connor property. He stated that he wished to c larify the garage s ize , that the size proposed i s the standard for today. In answer to a question posed by Board Member Kreiling, Mr. Ross stated that no maximum size was established in the Comprehensive Zoning Ordinance. The only control is through the Build ing Code, which is one thousand square feet . As to the question of upkeep of the property, he s tated the property had been c leaned up in preparation for the building. The workshop that is proposed in the garage wou l d be a workbench only , whic h would house repa ir t oo ls , etc . He stated that the garage would a l low for the storage of tw o vehic les, boat, t rail- er, c hildren's toys, etc. He stated in his opinion, existing trees wil l obstruc t the view of the proposed garage from persons in the O'Connor house. Di scu ss i on by the Board Member s fo l lowed . BO ARD MEMBER SEYMOU R MOVED THAT I N CASE NO. 4-82 , MICHAEL ROSS , CONTRACTOR, 900 E. AMHER ST AVENU E, BE GRANTED A VAR I ANCE FROM TH E MINIMUM FRO NT YARD SETBACK ON A CO RN ER LO T FROM 15 FEET TO 10 FEET AND THE MINIMUM SID E YARD SET- BACK ON A CORNER LOT FROM 25 FEET TO 6 FEET FOR TH E PURP OSE OF CO NSTR UCTI NG A GARA GE. THI S IS A VARIAN CE FROM THE COMP RE HENS I VE ZO NING ORDINAN CE SECTIO N 22.5-13 a.(2) AND SECTION 22.5-13 a.(3) -CORNER LOTS. Board Member Hallagin seconded the motion. All m mb ra voted in the affirmative. The variance was GRANTED. The Bo rd Members then cited their findings in this case aa follovs: Mr. Kreiling stat d that he voted yes since he felt that the owner had giv n answers to the six reasons for consideration of a variance and that he had made a reasonable request. Mr, Hallagin stated that h voted yes since he felt that it was a hardship case du to the City's ditch splitting th property. H stat d he flt that with today'• standard of more th n a one-car garage that it waa reasonable to r qu at th arage. He also stat d that he felt th Roavall'• were improving th ir prop rty by cleaning it up, and gettin th arage built, and was also improving th area • • I • • p- • • • -2- Mr . Michael Ross, General Contractor, 860 South Birch Street, #30 2 , Glendale, Colorado, was sworn in f o r testimony. Mr . Ross stated that he was asked by Mr. and Mrs. Rosvsl l , the owners o f the property at 900 E. Amherst Avenue, t o represent them during the Public Hearing. He stated that the City Ditch transverses the Rosvsll property, making almost 40% of the land unusesble if the Comprehensive Zoning Ordinance regulations were to be followed. Mr. and Mrs. Rosvall have two cars and an eighteen foot boat which have to be parked outside. They want to construc t a garage large enough to shelter these vehicles, as well as their children's play equipment and a six foot workbench. In order to do so, it has been determined that the garage would have to be 24 feet by 38 feet and would necessarily have to be constructed on the parcel to the west of the Ditc h . Mr. Ros s explained that the Rosvslls have owned and lived in this house for several y e a rs and until this time, have been most con - cerned about remodeling their home . Now they are in a position to construct the garage . Mr. Ross stated that a children's play area would be retained to the south of the garage which would be protected by foliage and trees. In response to a question by Mr. Hsllagin regarding the size of the garage, Mr. Ross stated that it would be ne c essary to have the 24 foot by 38 foot garage in order to store the vehicles and t he c hildren's play equipment. Mr. Ross stated that he wa s f o llowing the City Engineers' recommendation as far as the height o f the floor and that the material which would be used in constructing the garage would match the outside of the Rosvall house. The design of the garage will be the same as the design of the house and it will be c onstructed o f brick veneer. The basic trim on the garage will match the trim on the house. Mr. Ross stated that there will also be a lot of landscaping on the north side of the garage, an area that is now basically unlsndscaped. Five tre e s on th e prop ert y wil l be retained . There we re no othe r perso n s present who wi s hed to speak in f avor o f the varianc e. Chairman Gag e asked if there was anyone present who wished to speak in opposit i on of t he variance . Willi am O'Connor , 28 28 Sou t h Emerson Street, Englewood, Co l or ado, was s wo rn in for testimony. Mr. O'Connor questioned t he need fo r a garage of such size, s tat- ing there were no other thr e-car garages in t he area ; that t h e gar age that h a d been attach d to the house had been tur ned i n to a f ami ly r oom; th ta ga rage of th t aize would be out of proportion and character wi th t h e exiatin g n e i gh- borhood. Kat O'Connor, 2828 South Em rson Str et, Engl ood, Colorado was orn in for testimony. Sh stat d th t whatever the siz , ah e would net be agreea bl to an addi- tion of a garage on th subj ct aite . Sh atat d t h at i n her opini on , the Rosva ll's show lack of pride in their prop rty, that t heir p ast experienc e ha a b en one of t otal diarea p ct for th conditi on of the pro perty . Thia ha a been demonstra ted by a lack of ma i nt nanc and car . Richa r d Bickhard, 2882 South raon St r et , En l ew ood, Co l orad o , waa sw orn in for testimony. R at t d that he owns one of t wo residenc e s whic h use Emerson Str et for th ir aol a ceaa. H felt t h at zo ning regula tions are t o p r otec t adjac nt or nearby prop rty own ra, and for this reason h e protes t ed thi s proposed zone variance. He also stat d that he would not object to a r d esign of the • I • • - • • • - -3- garage to be within the zoning regulations and would agree to a garage on a smal l er scale. John Van Seiver, 2750 South Emerson, Englewood, Colorado, was sworn in for testimony. He presented a letter from James Girdwood, stating his opposition to the proposal. This letter was presented as Exhibit "A". He stated that the average garage in the four-block area was a one-and one-half c ar garage. He felt that he would not object to a garage which would be of a size consistent with the area. He also presented a petition which states: "I do not object to a garage being built at 900 E. Amherst Ave. However, the garage should be of a size consistent with those already existing in the neighborhood." There were seventeen signatures on the petition, which was placed in the rec ord as Exhibit "B". Speaking in rebuttal, Mr. Ross noted that the proposed structure was intended to be in alignment with a garage on the O'Connor property. He stated that he wished to clarify the garage size, that the size proposed is the standard for today. In answer to a question posed by Board Member Kreiling, Mr. Ross stated that no maximum size was established in the Comprehensive Zoning Ordinance. The only control is through the Building Code, which is one thousand square fe et. As t o the question of upkeep of the property, he stated the property had been cleaned up in preparation for the building. The workshop that is proposed in the garage would be a workbench only, which would house repair tools, etc. He stated that the garage would allow for the storage of two vehicles, boat, trail- er, children's toys, etc. He stated in his opinion, existing trees will obstruct the view of the proposed garage from persons in the O'Connor house. Discussion by the Board Members followed. BOARD MEMBER SEYMOUR MOVED THAT IN CASE NO. 4-82, MICHAEL ROSS, CONTRACTOR, 900 E. AMHERST AVENUE, BE GRANTED A VARIANCE FR<»t THE MINIMUM FRONT YARD SETBACK ON A CORNER LOT FR<»t 15 FEET TO 10 FEET AND THE MINIMUM SID E YARD SET - BACK ON A CORNE R LOT FR~ 25 FEET TO 6 FEET FOR THE PURPOS E OF CONSTRUCTING A GARAG E. THIS IS A VARIANCE FROM THE COMPREHENSIVE ZONING ORDINANCE SECTION 22.5-13 a.(2) AND SECTION 22.5-13 a.(3) -CORNER LOTS. Board Member Hallagin seconded the motion. All members voted in the affirmative. The variance was GRANTED. The Board Members then cited their findings in this case as follows: Mr. Kreiling stated that he voted yes since he felt that the owner had giv n answers to the six reasons for consideration of a variance and that he had made a r asonable request. Mr. H llagin stated that he voted yes since h felt that it was a hardship case due to th City's ditch splitting the property. H stated he felt that with today's standard of more than a one-car garage that it was reaaonable to requ at th garage. He alao stat d that he felt the Roavall'a were improving their prop rty by cl sning it up, and ettin th garag built, and was alao improving the area • I • • • • • • -4- Mr. Seymour stated tha t he voted yes due to the fact that he fel t the Rosvall's had met the s ix c ondition s . He f e l t that they we re making good u s e of t h e vacant land and making a good ef f or t t o c lean upthe property. He didn 't feel that there would be any t r affic hazard, which c ould be a problem with the corner lot setback. Mr. Brown stated that he felt the garage would provide offstreet parking, a requirement of which was not now being met, therefore he voted yes. He stated that another reason, due to the City ditch, the minimum setback requirements for any structure could not be met on the site, and thus renders the land un- buildable, unless a variance was given for the Comprehen s ive Zoning Ordinance. Mrs. Dawson stated that she voted yes. She felt that the ditc h c reates a hard- ship, running through the prope rty. If it weren 't fo r the ditch, she felt, he would have plenty of room and she agreed with wanting to get the cars and boats and bicycles off the street and t o clear the intersection. Mr. Leonard stated that he vo ted y es; that the garage will provide for offstreet parking requirements which are s tated in the Comprehensive Zoning Ordinance, and also provide storage f or th e c hildren's t oys, two c ars, boat and trailer, and provide the own e r with a wor kshop. He f urther s tated that it would enhance the appearanc e of the property. The ditch, he felt, created a hardship since it was impossible to place the garage any o ther p lac e, or to utilize the space. He felt it generally meets the requirements for the variance; that the building would not set out more than others a nd met with the industry s tandard for a two and one-half car garage. Chairman Gage stated he voted yes a nd that he c oncurred with the rest o f the Boa rd Members. CAS E NO. 5-82 * * * * * Frank M. Byers and Mau re n L . Har r ison 2377 West Vassar Th request for haring by the Boar d of Adjustment a nd App eals has b n withdrawn. It has been agr ed upon that the Fir e Depa r t me nt will uae th structure for testing a new firer tsrdant substa nce. Then th building will be bum d. * * * * * Dorothy A. Romans, A sist nt Dir ctor of Planning, stated that ther will be an open house for Orchard Plaza , Senior Ci t izen Housin g , on Sund ay , May 16 . She also stated th t the 24th of April the Pla nn ing Co mm is sion wi ll b going on a tour of the City f ciliti s of the was t e wa t er treat me nt plant, water plant, fire st tion 83 and olf course , a nd mem b ers of th Boa r d wou ld b welcom to participate in th Tour. There bin no furth r busin ss b fore th Board, Chairman G djourn d th April 14th, 1982 r ular meting of th Boa rd of Adjua tment and Ap peala at 8:45 p.m. J • I • • PRESENI': AB.SENI': C1IlIERS PRESENI'. • • - OOARD OF CA.'-IBER SERVICE CD.!MISSIOOERS APRIL 15, 1982 MINUI'ES Jo Ellen Turner , catherine Pokraka, Janet Kerzic, Robert Brundage, lbnald Weber None Benjamin Craig, career Service Board Attorn y Richard Welbourne , E.P.B.A. President Randy Pickrel , E.F.F.A. President Frank Bua , E.E.A. President • • • • • • • • Olainnan Weber called the ting to ord r . ved, seconded by O::nmission r Kerzic to approv th AYFJ3 : NAYS: Al3STAI i : Turn r, Pokraka, None Brundag rzic, W • • • • • • • • r It t on the Agenda was th E)rploy iation Oioi Ri c hard W 1 urn , Presid n of th E.P.13.A, Frank Bua , Pr nt of t E.E.A., and Randy Pickr 1, Pr id nt of th E.F.F.A. rep sent and had no bu.sin for tb Board's nsi rat.ion. It f th Ci y It that 7 . • * • • • • • • lanagcr • Oio1 l. • • • • • • • • ~ was no rep tativ • I • • - • • • • 'Ibere being no further business before the Board, Chainmn Weber accepted a notion of a.djourrurent from OJnmissioner Brundage and declared the April 15, 1982 regular meeting adjourned. * * * * * * * * Special Note: This n eting was h ld during an intennission of the Wing/Welbourne Grievance Hearing . Donald M. Weber , 01.ainmn Valerie 01.risty, Recording. 2- • I • • n - r • • • SPFCIAL MEETING OOARD OF CAREER SERVICE CD,IUSSIOOERS MAY 11, 1982 MINUIES IN 'IllE MATIER OF 'IHE GRIEVANCE OF roLICE OFFICffiS Wll'«i AND WEIJUJRNE : Ccmnissioner Turner noved, seconded by Ccmnissioner Kerz ic to accept the attached doc1.m,mt as the Career Service Board's Decision in the WingfWelboume Grievance. AYES : Tu.mer , Kerzic, fukraka , Brundage NAYS : Weber • • • • • Assistant City Attorney Tan lblland accepted the decision for the City and fulice Officer John Wing accepted the decision for the Grievants . ~on~)h /Ju?-a1d M~ r, Chainmn I • • • • • • BEFORE THE CAREER SERVICE BOARD OF THE CITY OF ENGLEWOOD, COLORADO IN THE MATTER OF THE ENGLEWOOD POLICE BENEFIT ASSOCIATION and THE CITY OF ENGLEWOOD CONCERNING THE GRIEVANCE OF OFFICERS WING AND WELBOURNE ) ) ) ) ) ) ) ) ) DECISION On January 9, 1982, Police Officers Richard Welbourne, John Wing and Robert Hooker filed a grievance alleging that Article IV of the 1982-1983 Contract between the City of Englewood and the Englewood Police Benefit Asso ciation was being violated in two instances (1) by the requirement that patrol officers attend roll call mee tings 15 minutes prior to each watch and (2) th at police d etectives and other police o fficers were scheduled foL 8-1/2 h ours of work. Further, the grieva nce alleged that Articl VI of the Contract governing overtime was bing violated insofar as detectives wer cone rned and Article VIII's call back provisions for patrol officers was also being violated. Th gri vane was denied through the various dministr tiv 1 v 1 and was r gularly appal d to the Carer Servic Board . Th City fil d a Motion for Sumrn ry Judgra n which • I • • • • • • was heard on February 25, 1982, the City's Motion was based on the grounds that the grievance was barred by the principle of~ judicata or collateral estoppel. The City urged that the matter involved the same issues as were raised in a previous grievance filed by Officer Wing and came before the Career Service Board on September 21, 1978 . The Motion for Summary Judgment was unanimously denied by the Career Service Board on the basis that the Board had not heard the grievance on the merits in 1978. The parties waived the time limitations and a hearing was held on the merits on April 13, 15, 22 and 27, 1982. I. The facts are that since at least 1974, the Englewood Police Department has required patrol officers to report 15 minutes prior to the time of their scheduled watch for orientation consisting of briefings, occasional instruction on new procedures, laws and regulations, patrol car assign- ments and the like. At that time only 8 hour shifts were assigned and the work time included the 15 minute pre-shift orientation and half hour lunch period. Police officers were paid tim and one-half for overtime in excess of 8 hours. If an offic r was not allow d hi lunch br ak, he was paid overtim for that. In am or ndum dat -2- • I • • • • • • Chief of Police, the City Man a ger stated "the eig ht h ou rs of work include the 15 minute pre-shift orientation and the half hour lunch period which in essence means your d e par trne nt is working 7 hours and 45 minutes a day ." The memorandum included an instruction to provide a copy to each of the police department employee s and to post the memorandum on the appropriate bulletin boards . In 1974, there was no written contract between the parties . The regulation of hours of work was found in City Ordinances and provided that : All departments, except the fire depar tm e nt, s h all work a t lea st forty (40) hour s per week, o r in t h e ca se of shift work, an averag e of forty (40) hours p er week . The work week shall c on sist of five (5) eight-hour sh ifts or other wo r k s chedules as determined by the department he a d s with the approval of t he City Manager. The practice of ho l ding a 15 minute pre-shif t orientation has continu ed to the present tirae, although the patrol offic rs now work 10 hour s h ifts rather than 8 hour shifts and the lunch period was extended to 4 5 minutes instead of one-half hour as a result of the grievanc filed by Officer Wing in 1978. Following denial of Officer Wing's rievance in 1978, the Police Chief d iscuss d with Offic r Wing th difficulti s 01 getting in and out of restauran in h 30 minut lunch p riod p rrnitted and th Chi f unil terally xt nd d th lunch p riod to 45 minu s op rrnit a mor 1 isur ly lunch nd to compensat for h 15 minu pr - hift roll c 11. This h s b nth consis n pr ic -3- • I • • • • - since the fall of 1978 . The Englewood Police Benefit Association's first contract with the City covering the years 1980 and 1981, contained the following provisions: and ARTICLE V. HOURS OF WORK The Police Department shall observe office and working hours necessary for the efficient transaction of its respective services . Such has been determined for emergency employees as follows: All employees covered by this Agreement shall be scheduled at least an average of forty (40) hours work per week in seven (7) day cycles. The work week shall consist of five (5) eight (8) hour shifts, or other work schedules as determined by the department head with approval of the City Manager . Lunch and other breaks will be scheduled at the discretion of the Police Chief during the work schedule. ARTICLE VII. OVERTIME WORK A. For all employees covered by this Agreement and except as otherwise provided, duties performed over and above the assigned work schedule shall be considered overtime. Overtime shall not be computed nor compensa- tion pay alloted on previously accrued over- time . B. As determined by the appointing authority , all personnel, other than thos e so det rmined to be exempt from overtime, shall b comp e n s at d for overtime work at the rate of on and one-half (1-1/2) times the normal p yr e . C . ov rt i m p rform Th City rt ins th right to assign work to any employe qualified to h work . Overtime work will be -4 - • , I • • ~- • • • - offered on a voluntary basis first. If the required number of employees necessary to perform the overtime work can not be found, employees shall be assigned and obligated to work such overtime. In negotiations for the 1982-1983 contract the negotiators discussed the 15 minute roll call practice which was then in effect but the Association never presented a written proposal dealing with the roll call issue . The Association's· negotiators testified that they received legal advice to the effect that the existing contract - provisions could be interpreted as preventing the pre-shi ft roll call. Accordingly, they did not pursue the matter further in negotiations . The final contract contained exactly the same language with regard to hours of work a s the 1980-81 contract except that it was placed in Article IV o f the 1982-83 contract and the lang uag e "four (4) ten (10) hour shifts" was inserted following t he languag e "five (5) e i ght (8) hour shifts" in the pr e vio u s con t r ac t langauge in o r d e r to codify then current p r a ctice of ass ign i n g four ten h o u r s h i ft s . Al though some minor changes wer mad in Articl VI. 0v rtime Work, no substantial changes w r mad in the way ov rtim is granted and computed insofar as the pr s nt gri vane is concerned. Th practic of r quiring patrol o f fic rs to t nd he 15 minut pr -sh if roll call and ori n tion w con inu d following the ff ctiv d te of th 1982-1983 con r ct and h s onLinu d o d -5- • I • • • • • - The grievance here unde r consideration was f i led shortly after the effective date of the 1982-83 contract . II. Grievant Robert Hooker withdrew his grievance prior to the time it reached the Career Service Board . The Board has determined that the grievance of Officers Wing and Welbourne does not require decision regarding the overtime work for detectives and other police officers. The only question remaining for determination by the Board is whether the work s chedule for Englewood Police patrol officers which requires attendance at the 15 minute pre-shift roll call and orientation meetings require payment of ove rtime as claimed by Off icers Wing and Wel - bourne . Th e grievants stated a t t he hear ing that they a re no t claiming past ov ertime bu t only pro s p ect ive overtime. Both parties acknowledge that t h e 15 minute pre- shift roll call and orientation period is to be considered work within the hours of work limitation in the contract . Both parti s acknowledge a long standing practice of working the 15 minute pre -shift roll call and orientation period nd not considering it overtime. Th grievants contend tha this pa s practice was chang d by the 1982-83 contract . Both p rties agr e hat to the exten the 1982-3 -6- I • • • • • contract is ambiguous, evidence of past practice and nego- tiations are proper to interpret the contract language. The City contends that the past practice of re- quiring patrol officers to report for the 15 minute pre- shift roll call and orientation is the correct interpre- tation of the 1980-81 contract language and that the 1982-83 contract language, which is essentially unchanged by nego- tiations, cannot change the previous contract interpretation. This Board determines that the contract provisions concerning hours of work and the City Ordinance provisions regarding hours of work in effect prior to the contracts between the parties are ambiguous and require interpretation . In labor management relations, past practice is evidence of the interpretation placed on the ambiguous contract language by the parties if it is (1) clear and consistent, (2) has persisted over a substantial period of time and is (3) mutually acceptable to the parti s. Here, the practice was clear and consist nt since at least 1974 when it was stated in the memorandum from the City Manager to the Chief of Police dated December 31, 1974. It hasp rsisted for at least six years through two contract negotiations and it was evidently acceptabl to th City and all of the polic officers mployed by the City xc pt Offic r Wing wh o gri v din 1978 and again in 1982 and Offic r W lbourn who riv din 1982 . Mu u 1 ace ptanc may b inf rr d from h s circumst nc s. Thus, i c n b said th t th p s -7 - • of I • • - • • • • working the pre-shift roll call orientation period without payment of overtime is the interpretation the parties put on the provisions of the contract which govern hours of work and overtime. Unless that interpretation has been changed as a result of the negotiations for the 1982-83 contract it governs the present grievance. Where a practice has established the meaning for language contained in a contract and that language has continued in a new contract, the language will be presumed to have the language given it by the practice. Elkouri and Elkouri, How Arbitration~. third edition, p. 406 . Here, the past practice of the parties was not to cons ider the 15 minutes of pre -shift work to be compen s able overtime . Further, the practice has been not to pay for the forty-five minute lunch period unless it has been not been allowed . Only clear contract language requiring the payment of overtim after ten hours of work which states that pre- shift roll call orientation and the lunch period are considered hours of work would be sufficient to change this consistent pat pr C ic No such languag was even proposed let alon adop din th nego i tions for th 1982-83 contract. The Board mua th r fore conclude that no serious att mpt was mad to chang th long standing int rpr tation of the con r C by the parti s nd c rtainly no chang was d in th con r c languag which would h v ha ff ct . Or In av ry similar cas in Waahin on Coun y , n, involvin h Washing on Coun y Polic O ic ra -8 - • I • • • • • • Association, an arbitrator found that a similar past practice continued even after a change in contract language required payment of overtime for "work performed 15 minutes before or after any scheduled work shift in half hour units". The arbitrator in that case held that continuance of the practice even after the contract language was changed established that addition of the overtime provision was not intended by the parties to have any effect on the custom of not paying overtime for a 15 minutes pre-shift meeting attendance. In re Washington County, Oregon, 75 LA 1183 (1980). III. The grievance is denied. -9 -I • • •In • • • - MINUTES BOARD O F DIRE C TORS MEETING DE NVER RE G IO NAL COUNCIL OF GOVERNMENTS WEDNESDAY, APRIL 21, 1982 Present: Thomas R. Eggert, C h a Irm a n Ted Hackworth, Vi c e-C hairman Doris Durdy, Sec retary-Tr ea surer Robert A. Briggs, Jr . Harold V. Cook Vesta H. Mlller Frank Weddig William Thornton Norman A • Smith Merle Chambers Mark D. Edwards Fred C. Fisher Alex Ariniello Linda Morton Mary Ellen Kettelkam p Carol Jonkoniec Peggy Shepard Rod Sheffer Ken Lewi s Arapahoe County City & County of Denver City of Brighton Adams County City & County of Denver City of Arvada City of Auroca Town of Bow Mar City of Broomfield Cherry Hills Village City of Golden Greenwood Village City of Lafayette City of Lakewood C ity of Northglenn C ity of Sheridan City of Thornton C ity of Westminster C ity of Wheat Ridge 5 C Fra nk Traylor Ja c k Kin s tlinger C olorado Department of Hea lth C olorado Department of H i ghwa y s Also Present: Robert D. Farley, Executive Director; Joh n Leary, Air Pollution Control District; Jerry Gallagher, Air Pollution Control Distric t ; Jim Lent s , Air Pollution Control District; Michael Davidson, Jefferson County; Karen Anderson, Calkins , Kramer, Grimshaw & Harring; Alex Jonkoniec; St e v e House, Commerce City; Tom Benson, DRCOG Attorney; David Pampu, DRCOG Deputy Executive Director; Tom Coabley, Denver; Shirley Heck, Executive Secretary for th e Board and various members of the DRCOG s t aff. Chairman Eggert called the meeting to order at 7:30 p .m., roll w as ta k en and a quorum declared present • • I • • BOARD MINUTES April 21, 1982 Page two Minutes of March 17. 1982 • • - The Board, upon motion by Mr. Briggs, supported by Ms. Durdy, unanimously approved the minutes of the March 17, 1982 Board meeting as submitted. Report of C hairman Chairman Eggert welcomed Merle Chambers and Carol Jonkoniec, new appointees to the Board representing Cherry H1lls Village and Sheridan respectively. Members were urged to register for the Board Retreat to be held at Beaver Run in Breckenridge June 3-5 , 1982. Reports of C ommittees Bob Briggs, Chairma n of the Jail Needs Task Force, reported that the Task Force has identified five i ssue s c onc erning Jail overcrowding. The issues include c ollec tion of Ja il inmate da ta on a uniform basis; establishment of a telephone c onference/video hookup between Denver area courts and the state penitentiary; development of a n interJuris dictional bonding procedure to be used by c ounties in the metro a rea; deve l opment of a n arrest a nd c harging standards system: and a proposal for mu ltiJuris dic tiona l use of a special purpose facility. The Task Fcrc e is s c hedu led t o meet o n Ma y 11 at 1:3 0 p.m. a t D.11::;0G. Ted Hac kw ort h, Chairman of the Library Servic e s Task Fcrc e, r epa-ted tha t the Tas k Forcer ommendation of a short-t erm solution t o the fi sca l dlfflc ulties of the De nv er Public Library has been approve d by th e Sta t e Legisla ture , This recommendation provides 50% funding from the stat and 50% from the cou nties , The long-term subcommitt e continues tom et and welcomes input to t he develop- ment of a long-term solution. nn1ng Work Program CUPWP) Mr. Hackworth reported th t th Progr m Committe reviewed th am ndments to the 1981-82 Unified Planning Work Program and recomm nded doptton of th resolution, Mr. Scheu rnstuhl, D OG t ff, brl fed th B rd on the m ndm nu w hich prim rily reflect budget ry r visions nd ch nges 1n c tivity mil s t on s, A n sk h I b n included to study loc 1 gov rnm nt capt 1 fin nc1ng optio n s. The Colcrado Depart- ment of Highw y m ndm nts lnclud dd ition of new task for th I-25 Corrtdcr conttnu d- I • • BOARD M IN UTES April 21, 1982 Pa g e three • • - Study through Douglas County for $215,000; and a reduction of approximately $14,500 to the HPR funding; deletion of the U.S. 36/1-70 study for a savings of $23,000 a nd inc rease the traffic signal program by approximately $15,000. RTD proposed a ddition of a new task to develop a bus service plan that feeds into the proposed light rail system as well as corresponding reductions in several program a nd management areas. In addition, reference was added regarding provision of Title VI as sessment information by DRCOG. In response to questions raised by the Program Committee regarding the I-25 Corridor Study, Jac k Ki nstlinger, Executive Director of the Colorado Department of Highways explained tha t C DH has been approached by developers requesting new interchanges or expanded acc ess to I-25, Because of the accumulative impact of these requests, it is clear tha t the study is needed. In addition, the study has been actively sup ported b y the Douglas and El Paso County Commissioners and the developers will also be contribu ting funds to c over part of the cost. The Boar d , u pon motion by Mr. Hac kworth, supported by Ms. Durdy, u na nim ous ly a dopted Res o l u tion No. 7, 1982, A Resolution to Amend the 198 1-82 U nified Planning Work Program for Transportation Planning in the D e nv er Region and to Affirm its Continued Consistency with the Sta te I mplementation Pla n, (A signed copy of Resolution No. 7 is attached t o a nd ma de a part of the file copy of these minutes.) C lean Air Tas k Force (C ATF ) Additio nal Measures Recommended for Inc lusion in the De nver Re gio n Element o f the State Implementation Plan (SIP) Mr. Hackworth reported that t h Progra m C ommittee reviewed th e a dditio na l mea sure s r e commended by the Clean Air Tas k Forc e for inclusion in th e SIP a nd reco mmended adoption of the resolution w hich does n ot a pprove inc lusi o n o f the additiona l mea s ure s , Mr. Mugler, D OG st ff, expl ined t hat 14 additional measur shave been recommended by the Cle n Air T sk Fore for inclusion in t he SIP . Most of t hese me sures w ere sel cted from list of me sur s proposed by the Na tional Wildlife Federation . The 14 recommended me sures w r reviewed noting t hat t he recommended additional me sures would b exp ted to chteve a red uction of only approximately 170 t ons/ d y--still b low the necess ry 225 tons/day . Mr . Mugler responded to questions reg rding the n lysis of the factors considered in deter mining 1f the measures were re son bly v 11 bl • Mr. Far! yr view d th proc ss undert ken in th e d v lopm nt of t h SIP noting t h t v n with th r commend d dditiona 1 m sures, t h e r egion w 111 s ti ll not be l n com- p II nc with N tional Ambi nt Air Ou 11 t y Standards for c rbon monoxid by 1987 and th t th ddltion I me sur s re not r son bly av il bl • contlnu • I • • • BOARD MINUTES April 21, 1982 Page four • • • The Board, upon motion by Mr. Hackworth, supported by Ms. Durdy, unanimously adopted Resolution No. 8, 1982, A Resolution Concerning Additional Control Measures for Inclusion in the 1982 Denver Regional Element of the State Implementation Plan and Determining Whether Such Control Measures are Reasonably Available, (A signed copy of Resolution No. 8 is attached to and made a part of the file copy of these minutes.) Accomplishments and Termination of the Economic Development Program Mr. Hackworth reported that the Program Committee reviewed the Economic Development Planning Report and the recommendation for dissolution of the Economic Development Advisory Committee and recommended acceptance of the report and dissolution of the committee. Mr. Pampu, DRCOG staff, gave a comprehensive review of the Economic Develop- ment Program, a three-year demonstration project funded by the U .s. Economic Development Administration. The activities of the program included examination of the region's economic and employment prospects, identification of areas of distress, problems and issues regarding economic development, and the concept, purpose and operation of public-private partnerships in economic development and the role of local governments in the partnership process. The findings, recom- mendations and products of the Economic Development Program were summarized. Mr. Gebhart, DRCOG staff, presented a summary of the Short-term Economic Forecasts for the region and reviewed the economic indicators considered in the development of the forecast. The Energy Development Impact Study was also reviewed noting the primary focus was to analyze the role of energy development in the Denver metropolit n area in the context of growth inducing factors and to validate the assumptions in the area of energy development regarding long-term employment/population forecasts. Coples of the Energy Report were distributed to the Board. The Board, upon motion by Mr. Hackworth, support d by Ms. Jonkonlec, unanimously cc pted the Economic Development Report and approved the dissolution of the Economic Development Advisory Committee. 1981 D OG Audit Mr. F rley revi ed th 1981 DR::OG Audit notinq that the Pr09?"am Committee and Ex cutive Committ recommended acceptance of the Audit as presented. The Board, upon m ion by Mr. Weddig, upport d by Mrs. Mill u nim ualy pproved cce p nc of the 1981 DRCOG Audit • • I • • BO ARD MIN UTES April 21, 1982 Page five Set Public Hearing on Plan Amendments • • - The Board, upon motion by Mr. Briggs, supported by Ms. Durdy, unanimously approved setting of a public hearing on the Clean Water Plan Amendment and the Regional Airport Systems Plan (RASP) for May 26, 1982. Annual Report on Assisted Housing Mrs. Barker, DRCOG staff, briefed the Board on the 1981 assessment of housing performance. The process for counting units was explained noting that the con- centration of assisted housing in the City and County of Denver has been reduced by 22 percent since 1972 while the percentage of such housing in suburban juris- dictions has increased. In addition, in the past three years, greater local pro- duction of assisted housing has emerged while the role of the federal government in housing programs has diminished. Annual Report on Pro!ect Review Mr. Johnston, DRCOG staff, briefed the Board on the 1981 Project Review activities and explained that the current project review process is directed by a Board policy with the principal objective of implementing DFCOG plans and policies. DRCOG act s as a c learinghouse for some proposals, notifying other parties of proposals which cou ld affec t them and, for others, DRCOG's role is to review and comment. Notification of projects is made weekly by c irculating summary information on proposals to local governments and other parties. DFCOG review s proposals and comments if the project is determined to be regionally sig- nificant. It was noted that the volume has declined significantly since 1980 and, in 1981 only 195 applications were received. The n umber of housing project reviews, environment l impact statement referrals and site location reviews increased slightly in 1981. Brieflnq on Upd ted Regional Ajrport Systems Plan (RASP) Mr. Scheuernstuhl, DRCOG staff, reviewed the Regional Airport Systems Plan noting th t the curre nt revision to the RASP primarily focuses on the changes in general aviation needs. Next year the program will respond to a recommendation on the region l m tro airport/air carrier report and the third year the revision will focus on commu ter aircraft needs which is a growing segment of the av iation community. A summary of the airports currently serving the Denver area wa s presented noting the number of general avi tion airports that have been closed. continu d- • I • • • BOARD MINUTES April 21, 1982 Page six • • • A c omparison of operations was presented and it was noted that there is a need by the year 2000 for two new additional general aviation airports. Based on a com- pilation of data on every airport within this region, it was found that there is a need to expand general aviation airports consistent with the master plans that the local governments have prepared. Mr. Scheuernstuhl responded to questions from the Board. Briefing on Results of Sloan Lake Clean Lake Study Mr. Mugler, DJCOG staff, presented the results of the Sloan Lake Clean Lake Study. The study examined the problems the lake was experiencing, including algae concentrations, low water depths, etc. which could be expected to turn the lake into a swamp within 40 years if no action is taken. Recommendations for corrective actions were reviewed which could extend the life of the lake. The study results have been referred to the City and County of Denver which is responsible for the lake. The Sloan Lake Study is the first of three such study efforts; two more concentrate on Chatfield and Cherry Creek reservoirs. Mr. Mugler responded to questions from the Board. Report of the Executive Director Mr. Farley noted the Board Retreat at Beaver Run in Bre c kenridge on June 3-5, 1982 and urged Board members to send in their reservations. The Metro Airport Study Phase rI report will be presented to the Board in May. Chairman Eggert represented DR::OG and its SIP before the H i ghw ay Users Federation. In addition, he represented DR::OG at the C-470 qroundbreakinQ ceremony and will be in Washington r99ard ing fundinQ for interstate transfer projects. Congressman Wirth met with members of the Board on the air quallty issuer oarding federal legislation. The Calendar of Polley Issu • w a no ed by Chairman Eooert. AdJQWnment There beino no further business to com before th Board, Ch irman Eoo rt declar d the me Uno adjourned t 10:25 p.m. ATTEST: nmenu • I • • • • • CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION MAY 4, 1982 I. CALL TO ORDER. The regular meeting of the Cit y Planning and Zoning Commission was called to order at 7:00 P.M. by Chairman Ed McBrayer. 5 D"' Members present: Becker, Carson, Gilchrist, McBrayer, Senti, Stoel, Allen D. A. Romans, Acting Ex-officio Members absent: Barbre, Tanguma Also present: Assistant City Attorney Thomas V. Holland Chief Building Inspector Gary Pittman Senior Planner Susan T . King II. APPROVAL OF MINUTES. Chairman McBrayer stated that the Minutes of Ap ril 20 , 1982, were to be considered for approval. Allen mov ed: Gilchrist seconded: The Minutes of April 20 , 19B2 , be app r oved as written. AYES: Becker, Carson, Gi lchrist , Mc8rayer, Senti , Stoel , Allen NAYS: No ne ABSENT: Tanguma, Barbre The motion carried . III. as th t t d that th CASE #6-82 eived copi s of the taff rkJng l yout for th qu t1ons fr m th Commis ion th th h r onally nd wish d to with- bat 1 n from at such tJ th n l ft Hr. HcBr yr nt r ardin th at ff r port ? Mr. Hr. Car n qu J aon 11 v at 7:05 P.H. th prop d at J ff rs n ppr v l that th It nyon v nu Inc - b J' Vii. I • • • • - -2- Mrs. Romans stated that this was a recommendat ion of the Engineering Ser- vices De partment. She stated that it is her understand i ng that it is the practice of the Engineering Department to require paving of an alley by major develope r s to ac commodate the drainage flow a nd traffic that may be generated by the development. Mrs. Romans pointed out that thi s proposal is a ma jor development, which will generate a great deal of tra ffic , and reiterated that th is is a requirement of the Engineering Department. Mr. Allen noted that he had been required to pave an a lley abutting one of his developments, even though hi s development did not have access onto the alley. He sugges ted that perhaps developers should be e xtended the courtesy of a Public Hearing and the opportunit y to voi ce their opinion on the paving of alleys . Mr. Allen a s ked if the requ irement was for paving with asphalt or reinforced concrete ? Mrs . Roman s stated that th e alley would have to be improved to City specifica tions. Mr. Allen stated that there is a great cost difference between asphalt paving and reinforced con- c r ete. Mr. Holland s tated that he could not give Mr. Allen a specific citation giving the Engineering Services Department authority to require the paving of alleys , but stated that he was s ure this could be required independent of a Paving District. Mr. Allen seated that he would like to have this matter researched. Mr. McBrayer asked if the applicant wished to make their presentation at this tim Mr. Doug Rorex Gi ngery & Associat s -seated that th developers are negotiating with the Elks Club to purchase their 1 nd; if this land can be purchased, they would expand the development, and might request vacation of this 11 y; he seated that thy did not want to go to the ex- pens of improving th ally, only to turn around nd requ t that it b v cated. Mr. Allen t ted th th h d tudi d th plan pr s nt d by the d v 1 p~r s , and flt it was v ry good plan; h aw no probl m with th exc pt1 on o f th r quir d pavin of th all • d d. I • - • • • - -3- pro pe r ty is n o t acqui r ed, they would have no ob jection t o paving the I nca- Jas on alley be tw een West Jef ferson and West Kenyon. Discuss ion e nsue d. Mr. McBra yer questioned whether it would be possible to delay the Certific ates of Oc cupancy on the buildings abutt i n g the alley until it i s determined whether or not the alley is to be pa v e d ? Fur the r d i s c us s ion ensued. Mr. Mcilvaine stated that they should know b y the end of 1982 whether or not the Elks property can be purchased a nd their pro posed development would be expanded; he assured the Commi ss ion that "if we do wh a t the present plan calls for, we will do what they wan t on the alley ." Mr s . Be c ke r s tated that she would l i ke to commend the developers f o r th e amount of proposed landscaping that is indicated on the plans. Mr. Mc ilva i n e s tated that they plan to spend approx i mately $140,000 on land scaping; the tre es they will be planting will be 30 to 35 feet tall at the time of planting . Mr. McBra yer inquired whether the exterior of the propo s ed buildings wi l l be s imilar to the e xist i ng structure ? Mr. Mcilvaine stated that the e x- teriors would be the same, and that if the high-rise development i s con- structed on the Elks property, it would be of s imilar material. Mr. McBrayer i nqui red on the timing of cons truc tion of the pro po sed build- ings? Mr. Mc ilvai ne stated they hope to move into the exist i ng bui lding by the 15th or 20th of this month, and will do the next bu i lding withi n 90 t o 120 day s . Mr. Mc ilvaine stated that he wished to state that he has been treat e d very c ourtesly by all City De partment s , and i t is the ir h o pe t o do a v ery nice deve lopment. Mr. Mc Brayer a s ke d if there was anyone else who wished t o s pe ak ? Th e r e wa s no one pr sent who wanted to s peak regarding the proposed develo pme n t . Cars on mo v d : St oel seconded: The Plann i ng Comm ission approv e t h pa rking lot plan for the Engle wo o d Execut iv Ce nt e r wi t h th followi n g condition s? 1. Th paving of the Jason/Inca alley b tween W st Jefferson Avenu nd West Kenyon Avenu b ti d to to the issuanc of th Certificat of Occupancy for th propos d two w st rn building • 2. 3. "K p Right" signs should be installed noses at entr nc and exit points for th lot. t m dian p rking Curb cut should conform to city stand rda. curb cut must b clos d, Unu Comp ct car pc a ho uld b ign d a uch. d 4. 5. If ther to b a lo din r a off o th nd if th r 11 to b a curb cut, thy mu to city ap ci !cations nd be appropriat ly a a lo ding ar a. Th pr• nt plan do not for a loading ar a off of th ally, but n po aibly b Install d 1n th futur. ally, con orm aign d • call ould I • • __ n • • - -4- 6 . There are six parking spaces that could c ause a problem if they were used by other than compac t car s ; these spaces are shown on attache d Map 112 with an "X" i dentifying the six spaces. 7. The two entrance/exit a ccess points for the parking lot may have a 28 foot opening, but the flares need to be three feet, not five feet. 8. Twenty percent of the lot shall be developed a s land- scaped open space , with an automatic sprinkling system. AYES: Carson, McBrayer, Senti, Stoel , Tanguma, Allen, Becker NAYS: None ABSENT: Gilchrist, Barbre The motion carried. Mr. Gilchrist entered the meeting and assumed his chair with the Coouni ssion. IV. CINDERELLA CITY REMODELING. Mr. Gary Pittman, Chief Building Inspector for the City of Englewood, was present to give the Planning Commission an over-view of the improvement s that are occurring in the Cinderella City Shopping Mall. He stated that it is the proposal of the Shopping Center management that the majority of the improvements will be completed by the Christmas season. He stated that it has taken two and one-half years to reach approval of final plans and obtaining of building permits on this work. Mr. Pittman stated that it has been of great concern to the Fire Department and to the Code En- forcement Division that this shopping center wa s not sprinklered; it is proposed under the remod eling nd improvement program that the entir c nter will be fully sprinklered within the next couple of years. Mr. Pittman discussed the improvements that have alread y occurred in the Ros and Shamrock malls , and not d that the wood parquet flooring is bing laid in the Rose Mall, and that the Sham r ock Mall ha s brick pav ers on th floor. The wood parquet flooring and/or brick pavers will b installed in all malls and cotmnon ar as throughout the sho pping cent r. The hopping center man gem nt has propos d llowing the stores to" ncroach" to the columns if th y will improv the f c d ; this would nabl th indlvidu l tor to pick up dditional square footag , nd would mak or uniform lignm nt along the mall. The sign g will b ch ng d, and ther will b a "sign trip" with th identific tion of th individual stor a in t 11 d. Mr. Pittman sta t ed that furth r improvem nts includ such things as th rep intin g of th malls, and hanging o colo red flags. M. Beck r inquir d if th fl gs w r thy jut for color? Mr. Pittman Mr. McBray r s k dhow many shoppin st t d th t mot of th Room down to th Mr. Pittman sta t d th b u1 d or o ic of nythin just b , or w r for color. Mr. Pittman d South th would 0 b I • • • • • • -5- located between The Denver and Penne ys has issued, but construction ha s not begin at this t i me. Transparencies of the proposed improvements, particularly in the Blue Room and the Food Court were shown. Mr. Pittman stated that consideration is being given to the installation of a small fountain in the food court area, but final determination has not been made. Improvements in the Go ld Mall will be a new grid ceiling, and increase of the size of windows above the stores. Mr. McBrayer asked how many tenants had signed up for the Food Court area ? Mr. Pittman stated that he did not know how man y tenants had signed up for the Food Court; he stated he was aware that the intent is to get mo s t of the fast-food operators in the shopping center to concentrate in th is area. Mr. Pittman stated that there are other projects going on that are not r e- lated to the shopping center itself, but are a result of this remodeling . Mr. Pittman pointed out that The Denver has leased the third floor of their store to Mountain Bell, and The Denver is using the main floor and lower level for their merchandising. Joslins has remodeled the third floor in their store to house their regional offices, and are also re- modeling many of the separate divisions within their store. It is their intention that all this work will be completed by the Christmas season. Mr. McBrayer asked if the parking deck had been stabilized. Mr. Pittman stated that the parking deck has had some modifications, but this wi ll be an on-going project, and will take a lot of maintenance. Mrs. Becker asked if the small shops tha t are projecting into the walk areas are there becaus they have been displaced during the construction program? Mr. Pittman stated that they are temporary structur s , and would be removed when the remodeling is c ompleted. Mr. Pittman pointed o ut, however, that there will s till be some kiosk areas in th Blu e Room ar a, and i n o thers lect locations. Discussion ensued. Mr. McBrayer expr ss d th appr cia t ion of th Com- mission to Mr. Pittman for h is presentation. V. MONTAGE OF A MODEL PLANNING COMHISSIO. Mr. Romans pr Model Plannin bri f narr tiv 1on. VI. LANDSCAPING STANDARDS nd slide show on a ~Mo~n~t~a--=---eo~f--cca CASE 18-82 Mr. that h would asau that 11 mb rs of th Coant aJon ckground information on 1 ndsc ping standards that tJm go. H ask d if any of th m b r s had giv n thy want d to a e in Engl wood r lativ to lands pJn Mr. All n atat d that Jt should b b ginning of th ir project what th th t th 1 daceping r quir d I • • • • • -6- family developments should be based on a percentage of the lot area. He urged that there be a system of "checks and balances" written into the Ordinance so that staff does not try to "landscape people out of business." He stated that he felt the requirements could be very simply stated --a percentage of the lot area with the checks and balances to prevent abuse by both the developer and the staff. Mrs. Becker asked if it was proposed that the landscaping standards be drafted by a subcommittee, or by the entire Commission. Mr. McBrayer stated that he was thinking the entire Commission would consider the matt r; he pointed out that guidelines from several adjoining muni cipalities had been submitted to the Commission for review, and that he felt the standards set forth in Lakewood were the best. Ms. Becker stated that she felt the proposed ordinance should include re- quirements that the developer use native or natural vegetation, use plantings that grow easily without too much water, and an automatic sprinkler sys tem should also be required. Ms. Becker stated that she felt the ordinance should also include some means of dealing with replacement of dead vegetation, and establish who would be responsible for the replacement of the dead plantings. She suggested that perhaps subsequent plantings should conform to whatever was proposed on the original site plan. Mrs. Becker stated that she did not feel the regulations and standards should be over-burden- some to the developers, however. Mr. Allen stated that he felt a "review committ e" was to be avoided by all means; that the standards and restrictions hould be set forth in the ordinance so that the developer and staff both know what is required and permitted. Discussion ensu d. It was the consensus of the Commission that a r eview committee would not b formed. officials to di the requirement Hoffman, nd he of th st ff to discu au g std that p rh with Hr. Hofman. Hr. Gilchri flt th L kewood Ordin nc on that h had called Lak wood nforc nt, complaint th talked to v ry happy to met with xperi nc with th ir o rdin nc . It C 1111unity O v lopm nt s ta lt th qu tin of 1 nds apin rath r th n n "ord r", and tha ce rtain bound ri s nd should b Int n nc Hr. Gilchrist stat d th t nd r it rt d his b 11 f hat this rs th nd d • I • • - r • • - -7- on other commercial developments to encourage plantings and landscaping. Discussion ensued. Mr. McBrayer stated that he felt there should be minimum standards set forth. Mr. Stoel stated that he felt the larger developer would be more willing to install landscaping to ensure an attractive develo p- ment than the smaller uses along Broadway, for instance. Mr. Allen pointed out that the initial cost of the land plus the cost of the water tap also dictate the amount of landscaping a developer may be willing to install. Mr. Stoel stated that he basically is in favor of a percentage of a site being used for landscaping, and not setting forth what type vegetation should be planted. Mrs. Becker pointed out that one of the work items on the Commission's list for this next year is an ordinance regarding landscaping requirement s. Ms. Powers entered the meeting. Mr. Gilchrist commented that the staff presently negotiates with the developers regarding landscaping; he asked if there was a means to en- force whatever is negotiated between the staff and the developers? He suggested that perhaps the staff should continue with the procedure they are presently using. Discussion ensued. Mr. McBrayer stated that he felt there should be some written authority to support the staff recom- mendations. Mrs. Becker agreed that there ehould be written authority to support both the Commission and staff. Mrs. Romans stated that a writte n policy would be helpful to the staff; she pointed out that a developer ma y agree to the installation of landscaping, but not actually do it, and the staff has no wa y to enforce the agreement. Mrs. Romans indicated that the staff is prepared t o begin drafting the proposed regulations , but wanted to get input from the Commission. Mr. McBrayer rec apped th discussion: members are agreeable thst a per- centag of the lot be required for landsc ping, and that a memb er of the staff cont c t Lakewood Commun ity Development to d iscuss their experi nee with the lands caping provisions , and that a preliminary ordinanc will b drafted by the staff. Mr. McBray rd clar d r ces r conv n d with th followin Sto l, T ngwn.a, All Commission at 8:40 P.M. Th ting pr nt: Gilchri t, McBrayer, Senti, Abs nt was Mr. Barbr. VII. PLANNING COMMISSI 1982/1983 W RK PROGRAM/GOALS Mr. Bray r announc d tha City Council haa ace pt d th Pl nnfn Co - m11sion '• r qu at or a cond ting with th Council, and has sch dul d thi• m tin& or May l th at 5:00 P.H. in th Libr ry Conf r nc Rom. H stat d that th co ... ia1ion work pro rm nd oals which w r to b dis- c u d with th Council n d to b t t this tin Mr. Co nti n Ot d th t h n Na l th. c uld n t b pr nt a th m tin with th City I • • - • • • • -8- Mr. Mc Brayer stated that the regular Planning Commis s ion me e t i ng would be sche duled for May 18th a t 7:00 P.M. following the meeting with Cit y Co un cil . Mr s . Becker led discussion of the work program and goals a s previ ou sly outli ned by the Commission. She presented Commission members with a c hart setting forth the objective , the action plan t o a c hieve the objective , wh o will c arry out the action plan, and the approximate date . Ea ch of the nine objectives were reviewed and discussed, with the act ion plan determined, responsibility assigned, and an approximate date d eter- min e d. This will be prepared in final form and submitted t o memb e r s o f the Commission prior to their meeting with the City Council. VIII. LITTLE DRY CREEK Flood Control Alternatives Ms. Powers stated that the City signed a design contract with Wr i ght- McLaughlin on the flood control improvements on Little Dry Creek, wh ich c ontract was signed in January, 1982. The contract c alls for the d esign of the flood control improvements to take one year, and the actual con- struction of the improvements to also take one year. The improve me nts would extend from South Clarkson Street to Santa Fe Drive, and are t o be c ompleted by January 1984. The engineering firm the Ci t y h i red ha s p r e - s ented several alternatives on the improvement of Little Dry Cre ek . The dis cussion this evening will center on the design of flood c ontro l i mpr ove- ments in the block between Girard Avenue and Hampd e n Avenue. Ms. Pow e r s s tate d that at the meeting of April 22nd, to which all boards and c om - mi ssions were invited, all four alternatives were pres ented and d iscu ssed by the design firm. It has now been narrowe d down t o t wo alternat i v s , on e o f which is an open c hanne l through this bloc k, (Alternati ve HJ), and t he s econd (Alte rnati v e #4 ) is an extension o f the c l osed c onduit t o West Hampden Place . Co mme n t s and recomme ndat ions are bein g sol ic ited f r om the boar ds a n d comm issions who w r e in a tte ndan ce a t t he m e t i ng o n Ap r il 22nd, a nd t hese co mm ents n d r commend a t ion s a r e to b s ubm itted t o t h e Advisory Committee by May 7th. Ms. Pow r s t a t e d t hat Ci t y Co un cil has not made any decision on th alt rn tiv at t h! point in time . Ms . Powers dis- played conceptual drawin of Alt rnativ #3 and #4. Ms. Powers pointed out that Alterna iv 3 would r quir removal of structure on th st aid of South Bann oc tr et nd nth w s t id of South Acoma Sere t in th 3400 block. Alt•rn tiv I would not r quire th imm diat r mov 1 of th • ructur son South Acoma Stre t, v n though thy would v ntu llv h veto b r ved, Ms, Po w rs th n discus d #4; the sctu 1 conduit would Ms. Po w rs point d out tha into whatev r al ern tiv 11 • ign d to a co11111 I • • - • • • • -9- flood events in excess of the design capacity. Ms. Powers stated that the engineers have expressed a preference for the open cha nel alternative, be- cause this alternative would be easier to keep clean. Mr. Tanguma asked about maintenance costs? Ms. Powers d iscussed some of the maintenance features that would be required. Discussion ensued. Ms. Powers stated that there have been meetings with propeTty owners wh o would be affected and have to relocate, and that City Council has also met with some of those property owners. She reported that Mr. Brady of Brad y Enter- prises is now of the opinion that the flood control improvements need ~ot be completed by January of 1984, in order to accommodate his development, but that he could possibly work around them for an addit jonal six month s . Ms. Powers stated that one of the problems that mu s t be decided is that of the businessmen on South Acoma Street who will be disp laced; i t may be some time before they can relocate in the new development, but their existing businesses must be removed to facilitate improvement of the Creek to allow for the new development and redevelopment. Mr. Allen questioned the cost of the project ? Ms. Powers stated that the improvement of Little Dry Creek is estimated to be $10,000 ,000. Mr. Carson excused himself from the meeting. Ms. Powers pointed out that the estimated $10,000,000 cost does not includ land acquisition cos ts, which figure approximately $5 ,000,000, making the total estimated cost on Little Dry Creek improvements $15 ,000,000. She pointed out that much of the land acquisition cost could be recovered when the land is sold to d velopers after the compl tion of the flood control improvements. Mr. Gilchrist inquired on the financing of the improvem nts? Ms. Pow r s stated the financing would b by issuance of tax increment bonds. Mr. Gi lchrist asked what contacts had been mad regarding purchase of the land ither before or after d velopment ? Ms. Pow rs stated that there has been discussion with Sher ton regarding construction of a hotel in this area, and some of the property owners along South Acoma have expressed an interest in doing a joint pro j ect with Brady Ent rprises. Further dis- cussion nsued. Senti mov d: Tangum a cond d: Th Planning Co isaion r commend that Altern tiv 13 b th d sin plan cho n for Little Dry Cr k. AYES: Gilchrist , HcBr yr, S nti, Sto 1, T ngu , B cker AYS: All n ABSENT: 8 rbr , Carson Th motion carri d. IX. DIRECTOR 'S CHOIC. Ma. Po d that City Cou ncil haa a t to n nta to th Com pr h naiv r pair/ uto laundry buain a a . public h rin Zoning Ordin nc • on Jun 7th on th auto I • • - • • • • • -10- May 10th is the date of the Public Hearing before City Co uncil on the Sign Code. Members of the Commission were urged to attend this meeting of the City Council. Ms. Becker asked if the Commission should speak on the matter of the Sign Code? Discussion ensued. Mr. McBrayer stated that he would be out of town, and asked that Mrs. Becker speak on his behalf in support of the Sign Code. X. COMMISSION'S CHOlCE. Mrs. Becker stated that she wished to commend Mrs. Romans for the tour which members of the Planning Commission went on on the first of May. Mr. Stoel expressed concern regarding the wastewater treatment plant; he asked how he, as a private citizen, could be assured that what had occurred prior to entering into the contract with the present Company did not again occur? He stated that it is his understanding that the contract will ex- pire in September of 1982; he asked if this firm would be re-engaged to manage the plant? He stated that he felt the firm should be retained . Mrs. Becker asked if it would be appropriate for the Commission to indicate to City Council that they are aware of the improvements that have been made at the plant since this fi rm has been retained, and that the Commissi on would recommend the firm's contract be extended ? Discussion ensued. Mr. McBrayer noted that a "Suggestion Form" has been given to the Commission members; he asked that if any member had any suggestions they wished to mak that the fora be filled in, and submitted to Mrs. Romans. 'nle meeting was adjourned at 10:30 P.M. ' • I • • - • I . Call t o Order. • • • UR BAN RENEWAL AUTHORITY May S, 1982 5 E The regular meeting of the Englewood Urban Renewal Authorit y was called to o rder at 5:30 P.M. by Chairman Robert G. Powell. Members present: Powell, Voth, Co le, Dickinson , Fi tzpatr ick , McClun , Minnick Powers, Executive Secretary Members absent: Alternate Novicky Also present: Economic Development Planner Wm. Richard Hin son II. Approval of Minutes. April 21, 1982 Chai rman Powell stated that the Minutes of April 21, 1982, were to b con- sidered for approval. It was noted that an am nded Page 1 had been sub- mitted to Urban Ren w 1 members prior to th cormnencement of th meeting. Minnick mov d: Vo th seconded: Th Minut s of April 21 , 1982, b approved as amended. AYES: Voth, Cole , Dickin on, Fitzp trick, McClung, Minnick, Pow 11 NAYS: Non The motion carri d. III. 1 Authority Bylaw ndm nts. Th due d o H ' vie y nt r d t t th Urb n Rn w 1 Authority J not Jn frOIII th City Attorn yr ardin th pro- d this aatt r tabl d to th n xt r ul r * * * * * hard Hin on, Econ mic n wal Aulhority. Hr. HJna n b v lop nt Pl nn r, n aplo nt n roa th En l w od th Auth rity. ntin 1 n w pap r, aa * • • * * tin 5: 0 P. H. • I • • - IV. LITTLE DRY CREEK FLOOD CONTROL Alternatives #3 and #4 -2- • • • Ms. Powers discussed the flood control improvements proposed for Little Dry Creek in the block between West Girard Avenue and West Hampden Place. Mr. Steve Bell, Hanifen-Imhoff, entered the meeting. Ms. Powers stated that the City Council had called a meeting on Apr il 22nd at which meeting, Wright-McLaughlin, design engineers on the Little Dry Creek project, presented four alternatives for improvement of the channel from Broadway to Girard in the downtown. Ms. Powers stated that m mbers of the several boards and commissions had been invited to attend this presentation, among them the City Council, Urban Renewal Authority, the Planning and Zoning Commission, Parks and Recreation Commission, EDDA, and the School Board. These boards and commissions are now being asked to recommend which alternative they feel would be most satisfactory for this block of Little Dry Creek flood control. Ms. Powers stated that the alternatives have been narrowed down to two from the original four which were proposed by Wright-McLaughlin. Ms. Powers then reviewed the two alternatives which are before the Urban Renewal Authority, Alternative #3 and Alternative #4 . Alternative 03 is an open channel treatm nt, with a lake or pond proposed to be developed in Skerritt Park, and a recirculating pump system built into the design features. Alternative #4 would be a closed conduit extending south to Hampden Place. Ms. Powers pointed out that the total improvement of Little Dry Creek will extend east to South Clarkson Street, but these Alternatives #3 and #4 are concerned with only the block between West Girard Avenue and Wet Hampd n Plac. Ms. Powers furth r discussed Alternativ #3; sh noted that the pumping system which will recirculate the water will b built into the design, and will recirculate the water through and over a "water wall", which is an aesthetic feature of this alternative. This r circulation system would be turned off at night and in th winter. Pedestrian bridg s are built into the design features, also. Alternative #4 would be an extension of the box conduit south to Hampden; there would be minimal water features incorporated in this plan. There will also be a pump system built into this alt rnative; however, this would b to incr ase the velocity of the normal flow of water through the channel. not d that Alternativ removal of s tructur s on th st side of South Bannock w st of South Acoma Street in th 3400 block. Th structure on th eat of South B nnock Str t and on South Acoma Stre twill also have to b acquir d with Alt rn tlv # , but th r would not be the imm diate n ed th r is in Alternativ #3. M discuss d th tim t bl d improvements on Lit 1 Dry ry, 1982, and is to b comp! on y ar, rs stat d that own rs along South and Mr. Brady of prop It now pp ar pa could ext nd d for av r 1 m nth s. Mr. Brady, could b at ruction on th con truction on • I • • l- • • • - -3- f lood c ontrol improvements; however, the buildings co uld not be occupied until the flood control i mprovements were c omplete d, a nd the area is re- moved from the 100-year flood plain. Ms. Powers discussed the need for an over-flow channel wh ich is a safety feature required to accommodate flow in the event of a storm in excess of the design capacity. Ms. Powers also pointed ou t that the minimum width of the channel will be 150 feet fr om bank to bank to carry the flow of a 100-year storm. Discussion ensued on the removal of buildings along South Bannock Stre t and South Acoma Street. Mr. Fitzpatrick stated that City Co un ci l was aware that the structures on the east side of South Bann ock Street would have to be removed, but until the design plans were submitted by the engineers, did not realize that structures on the west side of South Acoma Street would have to be removed. Mr. Dickinson asked if this proposal could survive the opposition that seems to be growing among some of the merchants and property owner s? Mr. Fitzpatrick stated that it is his personal view that improvement of Little Dry Creek is the number one priority, and that sooner or later the improve- ments will have to be done . Mr. Fitzpatrick noted the damage that has occurred in previous flooding, and stated that if nothing is done t o im- prove the carrying ca pacity of Little Dry Creek , i t cou ld occur again. Mr. Fitzpatrick s tated that the e n gineering fi rm has s t ated that whether the channel is covered o r op n, the i mpr o v emen t s would affect the structures on both South Bannock St r t and South Acoma Str t. Alternativ 44 would p rhap s allow the s tructur son South Acoma Stre t to r main for one addl- tional year. H stated th t City Council is eting with and will work wlth th businessmen and prop rt y own r to tr to arrive at an equitabl solution. H s tat d that h flt i t is important to do ever thing that can be don to k p thee busines e within this Cit Ms. Po w r s noted t h t owner s and businessm n and i bu in ment agreement with Mr. Brady i i n eded before we can proce with th i ndividual property t rmin what special ne eds ach Pow rs poin ted out that adv lop- Mr. Fitzpatrick agreed that this Mr. Hinson commented th t Mr. Br dy s t t din me ting with th property own rs th tone of hi primary aim is to k ep th m rch nts in thi d town rea, and th th would d ev rything possible to a sur this. Di·- cu ion nu d. Mr. d his h b • I • • • • • • -4- Ms . Cole asked if the property owners/businessmen would be "hurt" or "in- convenienced". Mr. Voth stated that he felt some property owners/business- men would be "hurt", but agreed that the area they are in is "dying" anyway. Mr. Novicky stated that he felt some of these businesses are hazardous to the health, safety, and welfare of the community by being located in the flood plain. He asked if construction on the hotel could begin while Ke y Savings is still operating? Ms . Powers stated that construction could begin without disruption to Key Savings. Mr. Novicky asked about the cost factors on Alternat ive 113? Ms. Powers stated that members of the Planning Commission had also questione d whelher costs given for Alternative #3 were reasonable, but the Engineers feel that they are reasonable. She pointed out that acquisition costs are not built into these figures, because the parameters of the channel could not be determined at the time the preliminary estimates were done . Mr. Voth questioned why the city must purchase the properties, and then sell them to a developer ? Ms. Powers pointed out that the City must have control of the property while the construction goes on . It might be possible to obtain an easement across the property to allow for the construction work. Mr. Voth suggested that perhaps the developer should begin negotiations with the property owners, and the City and/or Urban Renewal Authority could step in if the negotiations are not successful . Ms. Powers stated that Mr. Brady does not want the City and Urban Renewal Authority to purchas the property; he would p1efer to accomplish thi himself becau h fc ls he could acquir it for ab tter pric . Furth r di us ion on the acquisition of prop rty, and th probl chat uld b need if th property owner is unwilling to ell. Mr. Minnick ask dhow many of the prop rt what is happ ning? Ms. Pow rs stated that all South Acoma ar awar of th of South Bannock may not formally approach d. South Bannock that w th possibility of th demoli h d. Ms. Pow on South Acoma could Hr. mad Mr. also. • of ' Flv k d urport I • • • • • -5- Minnick moved: Cole seconded: The Urban Renewal Authority recommend that Alternative #3 on Little Dry Creek improvements be approved. AYES: Cole, McClung, Minnick, Powell, Voth NAYS: None ABSTAIN: Fitzpatrick, Dickinson The motion carried. V. Urban Renewal Plan. Ms. Powers stated that some minor changes have been made i n the April draft of the Urban Renewal Plan. One of the changes wa s to i ncrease the tim of notice to conanercial properties which have to be relocated from 90 days to 120 days. Some of the questions posed on the financ i ng section at the last meeting have now been a nswered. It has been determined that Cinderella City property taxes can be used to finance the improvements, but the sales tax revenues from Cinderella City will not be used by the Urba n Renewal Authority to retire bonds. Also, the sales revenue per square foo t ha s been determined to be $120, rather than the $100 wh ich Mr. Bell ha d us d in his i nit ial calculations. Mr. Hinson s tated that the $120 figure wa s obtained from the Denver Resear ch Institute, wh ich Institute had done a study on shopping malls in the metro area and had arrived at this figur. Ms. Powers stated that we s t ill have to obtain a 1 tter from Bill Lamm giving approval t o use the property tax increas sin Cinderella City but no t the sales tax increase . Ms. Pow rs stated that the phasing has lo been c hanged t o include improvements to Littl Dry Cr ek and dev lopm nt on both side s of the Cr eek i n Phase I , The matter of us tax r evenues has not been r esolved t this tim. Mr. Bell stated that th attorneys are s till researching this matter, and hop to have an answer within th next week. He s tated that som recalculations nd new charts and tables will b available for ins rti on changes in w • I • • • • • -6- Mr. Bell stated that at the next meeting or the meeting following, he would have a resolution adopting the Urban Renewal Plan, whi ch resolution would be drafted by the bond attorneys . Mr. Powell s tated that a resolution had been included in the packet for this meeting. Ms. Powe r s stated that this resolution had been drafted by the staff. It was the consensus that Mr. Bell should have the bond attorneys draft the proper resolution to adopt the Urban Renewal Plan. Mr. Powell suggested that there be a special meeting of the Urban Renewal Authority on May 19th to consider the final Urban Renewal Plan and the adoption of the resolution to be presented by Mr. Bell. Mr. Powell stated that it should be understood that at such time as the resolution is approved, it is not couunitting the Authority; he stated that there are many steps that have to be taken after the resolution is adopted before the redevelopment can begin. Mr. Powell stated that he felt it is incumbent on the Urban Renewal Authority members to read this Plan and be prepared to approve or disapprove it at the meeting of May 19th. The matter of acquisition costs was discussed. is difficult to estimate acquisition costs, and rephasing of the improvements some monies will was first thought. Discussion ensued. Ms. Powers stated that it pointed out that with the be recovered earlier than Mr. Bell stated that in the revised narrative for th Financing section of the Plan, it could be s tated that "it is contemplated that the costs could be •.•.• , but the current estimate is .••.• ", and avoid giving a maximum ceiling on figures. Mr. Voth stated that he had sev ral comments to mak regarding th April draft of the Urban R newal Plan. Mr. Voth reviewed a couple of these changes, which w re suggestions for deletions of sentences or portions of sentences . Mr. Dickinson sugg Urban Renewal Plan suggestions t th all th m mbers an Pl n. 01 I • std that he would prefer an opportunity to go ov r the nd have each member prepared with a list of comments nd next ting. H stated that h flt this would give opportunity to be ad quately prepared to discuss the Hr. P 11 stat d th t th Urb n Rn wal Authority sion on W dn aday , Hay 12th, at 5:30 P.H. to di - th Hay draft of the Urban Renew 1 Pl n, with a dul d for W dn day, May 19th, l which tim th Ort. t th on th Plan. o d v lop11 n l Jn r o th Authority who d to vJsit this d v lopm nt on holdln Public H propo d l n Cod will ur d to tt nd this • th n- I • • - • • • • • -7- Mr. Powell asked if there was anything else to come before the Autho r i t y? He declared the meeting adjourned at 7:00 P.M. • I • • • • • • URBAN RENEWAL AUTHORITY May 19, 1982 I. CALL TO ORDER. The s pe cial meeting of the Englewood Urban Renewal Authority wa s called to order at 5:30 P.M. by Chairman Robert G. Powell. Members pr esent : McClung, Minnick, Powell, Voth, Cole, Dickins on Powers, Executive Secretary Me mber s absent: Fitzpatrick Also pr esent : Alternate Member Novicky Economic Development Planner Hinson Ci t y Attorney DeWitt Bi ll Jacobsen, Brady Enterprises II . URBAN RENEWAL PLAN . Chairman Powell stated that the purpose of the meeting i s t o c onsi der adoption of the Urban Renewal Plan as it has been revised f o llowing the s tud y ses sion of May 12th. He asked for a motion to approve the Plan. Vo th moved: Co l e second e d: That Resolution #2, 1982, adopting the Urban Renewal Pla n, a s r e vis ed, be approved . McC lung mov e d: Minn ick seconded : Tha t the vote be taken by a voic e yes /no r oll c all. Mr. Mike Haviland , EDDA , ent e r e d t h e me e ting . Mr. Tom Fitzpatrick entered the meeting and took his chair with the Urban Renewal Authority members. Hr. Pow 11 stated that there is motion on th floor to approv R solution #2 of 1982, dopting th Urban Rene wal Plan as revis d, and that the roll call b by voice vote. Mr. Pow 11 mp hasized that by adopting the Urban Ren w 1 Plan , no co11111itments have b en ma de to proce d with th marketing of bond , or oth r phas a of the red v lopmen t prograa. Mr. Pow 11 asked that th roll b call d: AYES: Fitzpatrick , HcClun , Kinnick, Po 11 , Vo t h, Cole NAYS: Non e ABSTAIN: Dickinson Th aotion carried. Hr. HcClun stat d that h voted in favor of th Urban Rn val Plan "r luct ntly" • • I • • • • • • -2- Ms. Powers stated that the Urban Renewal Plan will now be sent to the City Council, and will be on their agenda for the next meeting in June; the City Council will be asked to refer the Plan to the Downtown Develop- ment Authority, and the Downtown Businessmens Association. The Planning Commission will receive copies directly from the Urban Renewal Authority, and they will review it on June 8, 1982 . The City Council will be re- quired to hold a Public Hearing on the Plan, and she estimated that this would be sometime in July. Mr. Powell asked if there was anything else to come before the members ? Ms. Powers stated that the State Conference of the Colorado Chapter of NAHRO will be held in Pueblo June 9 -11; there are funds budgeted for travel if members of the Authority were interested in attending. Ms. Powers stated that there are sessions on Tax Increment Financing scheduled on the agenda of this conference. She stated that Mr. Hinson will be at- tending this conference, and will be making a presentation on this pro- gram. Ms. Powers suggested that any member who was interested in attending this conference call the Department for reservations. McClung moved: Minnick seconded: The meeting adjourned. The meeting was declared adjourned at 5:40 P.H. • I • • -• • - MINUTES ENGLEWOOD PUB LIC LI BRARY ADVISORY BOARD May JI , 1982 5 F Chairman Bob Currie called the regular meeting of the Library Advisory Board to order at 7:30 p.m. PRESENT: Bob Currie, Jerry Valdes, Wilma Ankrum, Marietta Brown, Debbie Dix, Norm Kerswill, Kay Van Valkenburg, Dorothy Wheelehan ABSE T: Joe Rathburn ALSO PRESENT: Sharon Winkle, Director of Libraries Donna Gottberg, Recording Secretary Roll call was taken and a quorum declared present. Chairman Currie asked Norm Kerswill for a report from the Budget Committee. After the report by Mr. Kerswill and a brief discussion it was decided to accept the figures as presented for the 1983 Board Budget Request. 2-8 MOTION: To accept 1983 Budget Request figures. ~loved by : orm Kerswi 11 Seconded by : Jerry Valdes Motion carried. 82-9 MOTION: That Bo rd proceed with plans for a Staff/Board ~teeting. 2-10 Moved by: Wilma Ankrum Seconded by: Kay Van Valkenburg Motion carried . DIRECTOR'S REPORT Ms. Winkle presente<l th Selection Co111111tte ' recommendation regarding the automation project c onsult nt and g ve ome b ckground as to the proce s followed ins lect1ng th fir . M. Win 1 requested th t the Board reco11111end that Council award the con tract for con ulting s rvices to ~IG Con ult nts, Inc ., and ppropd te n ce ·. ary unJ · to r proJect ·o t IOT IO.: ot1on carri Winld i V bn t t l 1n Study . tha City Coun 11 ultant , In ., nJ Wh I h n br1 r pent Ii • il n by M d1 cu:J 10n ul nJ upJ , Win l t rd the contr ct for consult1na erv1ces ppropr1 ten es ry fund for th pro- on th Color do Re ourc C nter funding. on th r p ho County Fi c 1 Flow r th up oa1n Joint Arp ho Coun y on cln • , I • • - • • • • -2- 82-11 MOTION: To postpone the July 13 Library Advisory Board Meeting to July 20, 1982. Moved by: Dorothy Wheelehan Seconded by: Wilma Ankrum Motion carried. MEMBERS' CHO ICE Congratulations were expressed by the Board to Ms. Van Valkenburg who gave birth to a baby boy on March 28th. Wilma Ankrum gave a brief report on the April 19, 1982 joint Board Meeting held at the Aurora Public Library. Jerry Valdes will be unable to attend the CLA Trustees Conference at Vail on lay 14-15 . Dr. & Mrs. Ankrum plan to attend. 82-12 MOTIO : To appoint Mrs. Ankrum as offical representative of the Board at the Vail CLA Conference May 14-15. Moved by: ~larietta Brown Seconded by: Norm Kerswill Motion carried. Mr. Kerswill discussed recent newspaper articles dealing with censorship. The Board briefly discussed the comments from the Suggestion Book for April. Ms. Winkle briefly commented on the Statistical Report for April. 82-13 MOTIO : To approve the Minutes from the April 13, 1982 Meeting, as written . loved by: Norm Kerswill Seconded by: Dorothy Wheelehan Motion carried. Meeting adjourned at 9 :10 p.m. s-13-2 da • • I • • lXXX 2XXX 22XX 3200 3220 3230 LIBRARY ADVISORY BOARD 1983 BUDGET REQUEST PERSONAL SERVICES OFFICE SUPPLIES OPERATING MATERIALS & SUPPLIES EDUCATIONAL, TRAVEL & PROMOTIONAL SERVICES TUITION AND TRAINING MEMBERSliIPS & DUES TOTAL • • • $ 490 400 160 1,000 200 105 $2,355 • I • • • • • • Filgl.ewood Parks and Recreaticn Ccmni.ss icn Minutes of Msiy 13, 1982 The regular nonthly meeting of the Englewood Parks and Recreaticn Ccmni.ssicn was called to order at 5:30 p.m. by the Chairaen, Jack Poole, in the In-service Training Roan of the Parks and Recr eati.on office. Henbers present : Allen, Boarcmm, Bradshaw, Higday, lbward, Poole, Richards, Ranans, ex officio Menbers absent: Ncne Also present : !hug Foe, Assistant Director of Parks and Recreati.on Leen Kuhn. Assistant Director of Parks and Recreation Coleen Stowell, City Forester Jerry King, Golf Professia'lal. Jeff Weist, Recreaticn Youth Co\.ncil Chairman Poole asked if there \llere any additions or ex>rrecti.oos to the minutes of the meeting of April 8, 1982. There \llere nooe. A uoticn was made and seconded that the minutes be approved . The uoticn passed . Englewood's City Forester, Coleen Stowell, wa.s present for ,1iscussi.on regarding preliminary forestry recamendati.oos , copies of "1hich -were handed out to the O:mnissicn meai:>ers , to be subl!litted to the City Manager and City Col.n::il for approval . After review and discussicn of the proposed progran, Coomissi.cner Boarcmm made a notion that this proposal be accepted by the Coomissi.on and that it be sul:mi.tted to City Council. The lll)tion was seconded and passed . Ccmni.ssioner Richards arrived at 5 :35 p .m. Ccnceming repairs at Sinclair swim pool, Aasiata:lt Director Foe reported that all repairs have been caq,leted and the pool is filled Cid in good working order . He explained that the pool ia being uaintained through the raminder of the scrool year by a City Sl1)loyee, Brook 'l\Jrner. and this servio ia being paid for by the School District. Camrl.ssi.oner 1:bward inquired about the FibreCr te procedure of pool re- finishing mentioned by Foe at the April 8, 1982, Camd.asicn ting. Fo explained tha there is yet another procedure for pool surfac refinishing that has t, h is obtaining infornetion on thi new procedure and will the Carmissim info • I • • Engl~ Parks and Recreation Ccmnission Minutes of May 13, 1982 Page -2- as he receives nore information. • • • In regards to the Little Dry Creek Inproverent plans , and due to Mr . Diode's request, a telephone survey was taken to detennine the Ccmnission 's preference as to what alternate the O:mn:i.ssion "-Ould prefer . Director Ranans reported that the general consensus of the merrbers was channel #3. O:mn:i.ssioner Allen voiced concern of the expenses and upkeep of such a channel and requested that this c CITlie'lt be sent to Mr . Diede. Concerning the Spencer ballfield light repairs , Ass istant Director Kuhn reported that the lights were operational by the deadline date and ready for use for the first season ball games . He also reported that the existing wiring and polPs were found to be defective and had to be replaced. This brought the repair costs $23,000 over the budgeted figures . furing the discussion of the $23,000 overnn for the ballfields , the Ccmnission , was concerned that with several other large itemi such as the purchase of the I.D . system and the repair of the swim pool being absorbed in the 1982 operating budget, the budget \.oul.d be faced with an end-of-the year problem. Ccmnissioner Higday rrade a notion, secooded by Ccmnissi.ooer Bradshaw, that the $23,000 o oernK1 be fowd some- where other than the Parks and Recreation operating budget . The notion was carried uianinDusly. Director R.anans coomented that Assistant Director Kutn put: in a lot of extra and hard 1"10I'k on this project and he did a very fine job getting it for the softball seascn. sis tant Director Kum al80 reported that City Colilcil has approved fu:\ds in the 811D.nt of $6, 700 for the Raala Park r troom repairs. This will include r pairs to the deteriorating interior 'Walla of the reat:roall8 . \obrk en this project is to in May 17. 1982, and will take approxilllately 20-30 days to caq,l Qxlcerning the renovation of puip irripticn ayat at BelL Park, Assistalt Director Klm indicated tha bida OJ*' en y u. 1982 . bid • I • • - ·Engl~ Parks and Recreation Coomi.ssion Minutes of May 13, 1982 Page -3- • • • was received fran Willi.am MJran in the anount of $67,000 . 1be total repair figures will be approxirrately $77,000, which includes engineering costs and Parks and Recreation Dep t. costs for 4" pipe . It is oopeful that the repairs wili be coopleted by Augus t 31, 1982. Concerning the dedication of the golf course cluboouse, it was reported by Director Ra!Elns that the dedication date has been changed to Saturday, July 31, 1982 . Ranans reviewed for the Coomissicn the plans that are being made for the dedicaticn cerenonies and tournaments, and stated that invitaticns will be sent out in July. Assistant Director Foe reported to the Coomission en the 'present activities of the Youth Cotncil. He stated that a questialnaire concerning youth recreation prograns in Engl~ had been distributed to the middle scoools and high scoool in Englewood . Out of 1,532 questiomaires distributed, there were cnly 10 responses . Foe was en- couraged, 'oowever, that 6 of these 10 kids responding to the questioonaire attended a rreeting on May 11, 1982, and seened very enthusiastic and willing to participate in a Youth Co\n:il program. A follow-up meeting was scheduled for the following week. Foe also reported that Jeff Weist has written a tentative questicnlai.re, copies of wtl.ch were distributed to Ccmnission meoi>ers, to be distributed to students at Sinclair Middle School during the ooneroan period . However, these plans and question- naire will be further discussed at the meeting with other Youth O::uleil meui>ers . Comnissioner Bradshaw suggested that, in the event these questio.''laires are approved by the Youth Colilcil LO be <li.st:ributed to the schools, Ovtlnnan Poole wr ite a letter to the scrool principals asking for cooperation in distributing the questialnaires . Golf Professional, Jerry King, ws present ald mlde a report to the Coomission concerning the recent ru.nber of ro1.Klds played at the golf course, stating that 67,000 9 ool roin:ls have been played and that approximately 300 people per day frequent the course. He added that the golf course is operated en an annual bwget of $455,000 . Oll1iraal Pool inquired as to ~ther or not the driving range will be open for us at the t of the golf coura opening. King replied that the driving range will • I • • • • • • • '"Englewood Parks and Recreation Conmission Minutes of May 13, 1982 Page -4- be opened the same day the cluboouse is opened . Chairnen Poole departed at 6 :45 p .m. Conmissioner Allen inquired as to the availability of the golf course in 1983 or 1984 for a state 1iolalBl' s golf toumaDe1t . Jerry King replied that it \olOl.ll.d depend on policy, and added that a weekday rather than a weekend \olOl.ll.d be easier to schedule such an event . Director Rcmms asked t.'lat the request be made in writing to Jerry King . Coomi.ssialer Bradshaw also inquired as to the coom..ni.cation tecmiques of the golf course perscxnel '1h51 dealing with the public , stating she had received information indicating ill-mnnered treatment oo the part of the persamel. She expressed concern that this treatment may cause Ulll1Y golfers to find other courses to play and asked Jerry King to please llali.tor their behavior '1h51 dealing with the public . Mr. King stated that due to the great IlLlli>er of people that they deal with in srort periods of time, it is difficult to deal with individual desires and wants. He is rolding meetings with the golf staff to~ in these areas . O:mnissiooer Allen departed at 6:55 p.m. Coomi.ssioner Howard inquired about the cost of the golf carts . Jerry King responded, stating that the retail cost of a cart is $3,200, or if buying in quantities of 50 carts, the cost ~d be $2,404 per cart. Concerning a camurl.catioo received frcm Mr. Zart:mm, principal of Sinclair Midc.ll e School , Director Ranans reported that the public use of the racquetball courts during school rours has caused saie problems between students and citizens . Romans r eported that an agreEIIB\t between city and school ha.a been made to post a sign which states that the racquetball courts will rot be open to the publ~~ durl.lg the school lunch period. Director Romens reported that there is a vacancy oo the Halley Center Trust F\ni Board with the term of office expiring for Harold Rust . Harold Rust expressed his desire that he \oOUld like to ccntinue as a Board meuber . Q:mnissiooer Richards enter- ed a motion, seconded by c.omnissiooer Boarcmm, that Harold Rust be reappointed to • I . • n - • • ·Englewood Parks and Recreation Ccmnission Minutes of May 13, 1982 Page -5- • • • the Malley Center Trust fund Board. The nDtion passed, with one abstain . Director Romans infonned the Coomi.ssion merbers of a meeting wi.::h City Council concerning discussioo of camunity center sites which is being :1eld on t-boday, May 24, 1982, 5 :00 p.m. in the Library Conference Room . Director Romans reported that the Clubhouse Concession Coomittee, made up of E . P. Ranans, Mdy 1-t:UMl, ~1 BeVirt, Franz Hulmel, and Gary Higbee, interviewed four finalists fran o.ielve applicants for the clubhouse concessions. It was agreed by the ccmni.ttee that the 2101 r.orporation be offered a contract for concession/rest- aurant service for the new clubhouse. Director Ranans also reported that a steel support bean in the clubrouse ceiling has bowed, and that a process for strengt'lening and repairing the bean has been detennined and will be ccxrpleted in a few days . Conmi.ssi.oner Bradshaw inquired as to 'IJ1ether or not the Srowagon will be set up for the cledicatioo of the new senior citizen apartment caq>lex, Orchard Place , on SI..Ilday, May 16, 1982 . Assistant Director Kum informed her that it lNOUI.d . Conmi.ssi.oner Bradshaw also inquired as to 'IJ)ether or not there was any possibil- ity that persons calJ&ht vandalizing City property, i.e., the golf course, could be made to caq:>enSate the City by doing the repair work or having than cover the cost of damage . After sane discussion, it was determined at this time that since many vandalism acts are so different, each case w::>ul.d have to be determined by the factors and circ1.1Mtances involved with that particular act . Camri.ssi.oner Richards inquired if any response had been received from Grady F . pies concerning a letter written by the mayor to him and the uemers of the Board of Directors of the Englewod Centemial/Eicent.emial Fou:idati.on concerning the re- maining ftnds in the fomdation. Ccmnissioner Bradshaw replied that there had been no response from Mr . Maples, but reported that the City Attornev had .,.eported that the E.C.B.F. could legally tum the fulds over to the City to lx• used for Malley Senior Recreation Center , which is contrary to Mr. tilple' s contention that it was not • I • • n . . . • Englewood Parks and Recreation Ccmnissi.on Minutes of May 13, 1983 Page -6- • • • legal to turn the noney over to the City. It was expressed by the Coom:i.ssion that s~ time in the near future, the City Attomey' s statement concerning the legality of fund transfer to the City be released to the newspapers. The meeting was adjourned at 7 :40 p.m. • I • • - • • • TO: FROM: DATE: SUBJECT: • • • sh MEMORANDUM Honorable Mayor Eugene L. Otis and Members of City Council Louis Parkinson, Municipal Judge~ May 26, 1982 MUNICIPAL Cll.JRT ACTIVITY REPORT FOR APRIL, 1982 Attached is the Municipal Court Activity Report for April, 1982. The report is being transmitted to keep you fully informed of Court activity and requires no action by City Council. /b Att • • I . • - ---- • • • • Rf 'I EIUI[ SOUP Cf ArPIL 1982 V1olatinns Bure•u Fines----------------S 4,50 1.()() narl:inq 1/iolations Fines-------·-------S 5 ,)68.50 Co urt Cas-s -----------·-··-··----------~ 11,374 .1)1) ('!lu r t Cost o; -----------.. -----.. -·----.. --• i; :·, l neH Fees---·-----·-----------------S J ury Fecs---·-··-------------------····S Bon d Forfel tures-----------------------S Driver lffll)rovrnent Schon! Fecs---·-·--·S 1,177.011 145.110 25.00 350.00 285.00 ~n PJL JORI 5,375.•l'l ~.SO Q.O~ JJ.4111.~n l ,1 5~.M 125.M 25.00 200.0'1 4S n.m -n- TOTAI.S FOR YE AP 21 ,505.50 2• ,028 . 35 '>l ,714.00 Vi,731.011 470.00 100 .00 1,810.00 1,050 .00 -0- TOTALS LAST YEAR 20,580.40 28 ,727 .6Q •• ,ij2 7 .()/) 14,140.00 40~.0ll 125 .00 600.00 1.n~.00 -0-Apoeal Bond rees-----------------------~ -11 - 1,rooahoe County (OUJ 's)----------------S .J...6.~IJQ TOTAL~ S 26,Br5.50 ___l!l'1_ n_o ..!.!1.~Q 3. 557. 50 28,355.~n 111 ,966.35 114,432 .5Q APP~ I GtlHENTS-·--------·-• • • --··----· • -• Guilty plt!IS ( i"cl. nolo plen)--- Not Cu i lty oleas------------------ Co"t'd ., rail~d to Ao~ar, Oisfl'l.-- r •~rr IC VIOLATIONS BUP[AU (no f)lrkin1 )- Gu l l tr plea,---------·----------·- Not C.uil t y ple4s-------·-·-------- T~IALS SCH[OULEO FOP. MONT ~------------- Truls to t~ Court (held)-------- Jury trills (held)---------------- Juries col lapsed------------------ Jury ,~-trh ls------------------------ Court ,~-trhls----------------------- ~rechl HNrl"')s----------------------- cos-s clost!d by dlsoosltion (P.8.)----- '°'-s closed by Der. Pros ./Sentenu---- O!"iv •r Scllool 1tt•nd1nce--------------- trrat1ts and ht!cut I ons lssued--------- r uH oendinq (not i ncl. rarking)------ . or (AS[S rJLEO BY CATAr.(l~Y : 274 131 77 66 261 153 IOII 52 (21) 16 (22) 6 ( I) 5 27 199 SJ) 151 8 20 63 1.•28 'raH,c wfol 1 tions-------···-----------451 r., 1nq wi olat,ons----------·-------·-· 981 ~~011l 1ft1nq v lol at 1ons----·-------·---· 53 Othe r ord 1Nnc~ violations-----------·-38 •n• I ord!Nnc• wiol 1t1on~---·--------6 Crr-l•lnts (cnh-n, u1,., t .. , hldn. )• 4 ~-tau\• citat i on,------··--------··· 4 (lTALS 1,537 d?:2.1~.s:g. ~ RV0,1tf,\ J. r,c•,«. f".1 •rt n• •&(1,;il'I II (OUf"t cc · Ju'1n fll Lou,, " rl 1 "~"'" nr. 171 95 70 354 279 75 222 (J O) zoo ( 17) 22 { 2) 20 30 126 7l 11)6 I 27 77 1.5~1 58) 1,()114 31 11 4 I~ ~L•. 1,837 ........... 'onort1t<iltt ",h•l)r r, ... ,.. .. ,. l. th .tn"' v ,, N"f"S or r1 ,., rn1.mrt1 ...,....,+w.,., "' '~" "our• ·1v,,o,.v ,,....,.., t ,.,, ""H1V f,I (N.,.• I lt"I •,111 i •r Pick ~141•t. ,•v ",•t "'tr'llftV r'rtN"rt ,,,.,-,. I .,i"f o ' rnHc " r~,." 1!1n~-'. t"t•·tt t'Or ,., r,n~nc• r1t ,.01y,wi . """tt tt',.. 'N,r• ti '"1 <t ... _.•o,. • I ,32Q 507 40~ 317 I ,256 737 51Q 247 (go) 22• (87) 23 ( 3 ) 20 113 1.0% )Ilg 113g 39 81'1 266 1,754 l,441 189 234 36 11 4~ ,714 1,401 ~~5 4 15 330 1,265 •s s 307 945 (74 ) 856 (6q) sq ( 5) R4 'l6 75 7 254 ••s 15 101 zg5 1,9qo 4,437 119 260 QI 9 _!!}~ 6,9S~ I • • n • • • • 5 TO : City of Englewood FROM: Edwin McBrayer Jr . SUBJECT : Trip report -American Planners Association Conference Dallas, Texas -May 8-12, 1982 The overwhelming message from the American Planners Asso ciation conferen ce was to de-regulate and simplify. Due to the high cost of money and the cumbersome, time consuming regulations associated with development, planners at all levels of government should eas e regulations, streamline application procedures, and reduce the time and red tape involved with development or i mprovemen t of real property in their jurisdiction. Bel ow, I have outlined the subject matter of the courses and workshops I attended, a brief des cription of each class, and how each session might benefit Englewood and the Planning Department, A) Dallas Orientati on Tour 1) Description of Workshop-Dallas is a city muc h li ke Denver in that building cranes dot the skyline and urban sprawl is ev id ent in all d i rections from the central business ti is tric ( CBD). Unlike Denver the Dallas/Fort Worth "metroplex" covers hundr d s o f square miles with ma jor hi-rise centers 2 0-JO miles from ei her CBD. The tour covered six y iles in four hours , including an aerial view of he entir metropl ex from atop the Reunion tower, 500 fee a ove t e Hya t-Regency . Also covered on the tour wer historical istricts , l avi sh and impoverished resid ntial areas , and the Texas state fa i rgroun ds. 2) Pertinen ce to Englewood/ Ed McBrayer as a P & Z member- Touring Dallas, I was much aware of good and bad sign control, landscaping in commercial areas or the lack of it , district revitilization, as fined by the City , with rennovation encourag d by bonus density programs , reduced regulation, relaxation of setbacks, easing of code enfor cem ent, etc. All of the above ar directly applicable to Engl ewood. B) Unde r stand ing Fiscal Impact Analsis 1) Descript ion of Session-The lecture environment includ d definitions of FIAs , examples of same, and a computer model • I • • • • • - of an FIA used in the DF W area. 2) Pertinence to Eng lewood/ Ed McBrayer as a P & Z member- My personal gain from t his lecture wa s to mak e a mental no te NOT to e ncourage FIAs for Englewood. They seem to be exp ens ive and t o produce intangible results. However, with my brief education regarding FIAs, it may be in order to have an analys is performed in association with downtown development. C. UPDATING YOUR ZONING ORDINANCE 1) Description of Course-A profile of defic i encies commo nly found in zoning ordinances was presented, together with a checklis t for discovering the deficiencies in a particular zoning ordinance such as Englewood's. New techni ques for simpli- fying the ordinance were briefly discussed and were further discuss ed in Course "F". 2) Pertinence to Englewood/ Ed McBrayer as a P & Z member- The s taff of Community Devel opment wi ll soon present a revis ed zoning ordinanc e to P & Zand Council for review and appr oval. A checklist of this type will be very beneficial to P & Zand Council during this review process. C . HOW TO CONDUCT A PUBLIC HEARING 1) Desc ript ion of Cou r s -This meeting began as a skit erformed by various members of P & Z Commissions , attorneys, etc. Th ski depicted a ock P & Z public hearing with every cone ivable mistak e being mad , especially wi th respect t o "due process". Dur ing the s cond alf, a critique wasp rformed by the audience with assistanc from APA pers onnel and instructors . 2) Pertinence t o Englewood/ ED McBrayer as a P & Z member- As chai rman of P & Z , it is i mp ortant that I am as we ll versed in the proper wa y to conduct a public hearing as possible . I better understand the importanc of due pr ocess as a result of this session . I also gained knowledg regarding ho w to control an emotional issue and what oth er commissions have done to streamline the public hearing process during the question and answer session which followed the skit. E . HOW TO BETTER UTILIZE STAFF & CONSULTANTS 1) D scription of Workshop-This wa s a workings ssion wher by 5-8 partic ipant s grouped together to form several "commissions" tor views aff prepar ed document tion and documents prepared by consul ants for accuracy, compreh nsiven sa , p rtinenc, I • • • • • • • and overall usefullness. Subsequent to the review, the chair- man of each "commission" reported to the entire group, the findings of his group. A second exercise was to evaluate the best choice for a con- sultant, given three proposals for a project. Again, a report from each commission was heard and reviewed by the other groups. (I was chairman for our commission) 2) Pertinence to Englewood/ Ed McBrayer as P & Z member- It was beneficial to me to work with a new group of people and observe their decision mak i ng processes, and the logic expressed by the other groups. Additionally, I will be better prepared to evaluate consultants should P & Z ever be put in the role of helping to chd';,e one to assist staff. F. PART II -UPDATING YOUR ZONING ORDINANCE 1) Description of Course-This session was a continuation of the session described in #C. It dealt with specific ways to streamline and simplify the municipal zoning ordinance. Recent changes to ordinances in Beaumont Texas, Phoenix Arizona, and Springfi eld Missouri were noted. All of these cities have institut ed changes wh ich can be incorporated into the changes for Englewwod. I collected some very interesting literature at the conference which I will be glad to share with interested parties, upon request . Additionally, I took notes in each session which I will review with staff or other interested persons if requested. I enjoyed the conference and found it beneficial to my involve- ment in Englewood matters. My most memorable situation on the trip, however, will always be when Braniff International became insolvent with us on the runway, cleared for takeoff. God bless Delta! • I • • - • • TO : FROM: DATE: SUBJE CT: • • • Andy Mccown, City Manager James Broman, Fire Chief May 28, 1982 s· -.) Report on Management Conferen c e, Ft. Worth, T e xas The title of this c onference was, "Meeting the Challenge :Sur- viving the Fiscal Crisis". In attendance were 170 officials from fire agencies and municipal management that represented 28 d i fferent states . The conference was well structured to p r o vide an ex c hange of information and experiences through the wo r kshops . F rom th i s ex c hange, I came away with the following c on c lusions. The e n t i re mun ic ipal s c ene is facing fiscal restr i ctions that can be expected to continue for several years at the least . The res tr ic tion s facing Englewood are not as s ever e as ma ny plac es, but are st i l l a real i ty that we muat deal wi th. It may not be possib l e to t ota l ly elim i nate budget growth, but we s hould en- dea v or to dep re ss the ra t e of b udget gro wt h. One key ar i n meeting these nee d a is th matter of r e g io nal i - zation. Eng l e wood c an b e c on sid e red a ctiv e in th is p roce s s by virtu of its participa t i on in the joint tr ining faci l i ty. Based upon what I o b se rv e d at thia confer nee, I bel i ev e we should activel y p u rs u e ot h er areaa of r gional s erv ice c on s ol i - dation. To underscore, it will not eliminat or neces sar i ly r e- duce costs; ho wever, it will effectively depress t he r a t e of growth in expenditures whil continuing to ae t service needs. A third issue that presented itaelf waa the need for n even greater tea• manage• nt effort. Thia extend• betw en th mem- bers of the city st ff as well aa within the fire departm nt nd ita staff. It waa encouraging to find that management approach s bing touted by curr nt fire and municipal leader• are the aame aa what we are trying to accomplish within the Eng lewoo d Fire Department . • I • • - r • • • An d y Mccown Page 2 • • • The final consideration centered on the implementation of com- puters within the fire department. It was interesting to note a strong deemphasis of the city-wide main frame computer and a strong move to the micro computer within departments. The rapid growth of available software, even programs unique to the fire service, has opened many doors for more effective information management. Most all of the agencies reporting are using exist- ing personnel to establish the micro computer effort in their department, to write and modify programs and to use the computer on a day-to-day basis. In conclusion, I would express my appreciation for the opportunity to attend this conference. As a result, I am more confident in the directions we are taking here in Englewood and believe that we can continue to improve our operation. ~~ Fire Chief ms • I • • - • • • • • - 1'0 : EtQ.ElO)D CITY CX:UOCil.. REGARDING RECXH£ND,\TIOO OF fflE PARKS AND RECREATIOO cntiISSIOO Il!\TE : May 18 , 1982 SIBJECT : RECXJffNDATI.00 'ID ACCEPT A PIOPOSED CIT'i FORFSIER P~ Af5 SET FOR'.m BY CIT'i FORFSIER, ClJI.EF.N STCJEL RECXM£ND\TIOO : Request, by a wte of the Qmni..ssicn mmbers, that the Proposed City Forester Progran, a copy of wrl.ch is attached, be approved by City c.mncu . By request of the Englewood Parks and Recreaticn c.omnissicn • I . • - • • • • • ,· • C O U N C I L C O M M U N I C A T I O N DATE AGENDA ITEM SUBJECT 1 June 1982 Forestry Budget INITIATED BY ~~~E_.~P_.~Ro_m_a_n_s~·~D_i_r_e_ct_o_r~o_f~P_a_r_k_s_an~d~R_e_c_r_e_a_t_io_n~~~~~~~- ACTION PROPOSED~-A~p~p_r_o_v_a_l_o_f~t_h_e_F_o_r_e_s_t_r~y_B_u_d~g~e_t~~~~~~~~~~~~~ INTRODUCTION Ci ty Council approved funding for a Ci ty Forester in the 198 2 Park s Department budget and allocated $27,000 for s alary and benefits . It wa s agreed that after h i r i ng the Ci ty Forester that person would develop a program and ac company i ng budget reque s t t o be pres ented to Counc i l. Coleen Stowell was hi red a s City Fore s ter on Mar c h 22 , 198 2, an d has developed a program ba sed on pa r t icular a r ea s of co ncern i n Englew ood . Th is attached program was reviewed and approved by t he Park s and Recr eat i on Co11111 ission on Ma y 13. It was further r ecomm end ed that this program an d bud get reque st be s ent to t he City Mana ger and Council for approval . CURRENT STATU S The follow i ng bri efl y d escr i be s the pri mary program areas of this proposal : • Th Ci ty Fore s ter will work to prevent the s pread of tree insects and diseases through publ i c du c ation programs and i ndividual contacts with residents faced with these problems. • A progru using th Tr e and Shrub Ordinance to corr ect public safety hazard er t d by trees, hrubs, or other plants, wi ll b ini t i ated . • I • • - • • • • • • page 2 Forestry Budget 1 June 1982 CURRENT STATUS (continued) • The City Fore ster's office will be developed and promoted as a "communit y resource" for Englewood residents wi th tree-related questions or informat ion needs. • A collllllJllity tree planting program will be developed and proposed for Spring, 198 3. The City Forester will continue to work with residents currently planting trees in public areas. 1ltE BUDGET REQUEST TO SUPPORT THIS COMPREHENSIVE PROGRAM TOTALS $48,650 . RECCM4ENDA TI ON Suggested motion--that the City Council receive the transmittal of the proposed forestry program and schedule this item for a Study Session on June 14 or 21 . SUGGESTED ACTION: MOVED BY ~~~~~~~~~~~~~~~- SECOND,~~~~~~~~~~~~~~~~ • I • • • • • • I TO: E. P. Romans, Director Parks and Recr~ation Department /, ,/ /: I ;'f rHO M: DATE : Coleen Stowell, City Forcst11r 10 May 1982 City of Englewood PROPOSED CITY FORESTER PROGRAM :_.,,;/ Trees are a valuable urban resource, adding to the quality of life in any cornnunity. We can work to protect, maintain, and develop this important natural resource through a comprehensive urban forestry program. The following program proposal discusses a four-part plan designed to work towards this c011111unity goal during the coming years. OBJECTIVES This proposed City Forester program is defined by the following object i ves : {a) To protect trees and shrubs in Englewood from ins ect infestation and disease sp read . {b) To insure public safety by correcting hazards created by trees, shrubs, or other plants, on public and pr iv ate properties. (c) To develop the City Forester's office into a Mc011111Unity resource" for Englewood residents with tree-related questions or infonuation needs. {d) To plan for the environmental and aesthetic betterment of Englewood through coordinated tree planting and maintenance programs. -1- • I • I r:I • • • • • DISCUSSION OF PROGRAM OBJE CTIVES The following discusses the objectives of the proposed City Forester plan. First-year programs to initia te this plan are outlined in each section. Objective (a): To protect trees and shrubs in Englewood from insect infestation and disease spread. The key to any successful connunity pest-control program is a high level of public awareness. and acceptance, of the problems facing the cOtTmunity. It is important for residents to realize the potential impacts of these pests continuing unchecked (e.g., a significant loss of trees in their own neighborhood). It must also be understood that their individual efforts to control these problems will contribute to an overall connunity improvement . The insects and disease pests of local concern are primarily the Tussock Moth and Dutch Elm Disease. These are rapidly spreadi,g "tr<!e killers" and will significantly reduce tree populations in Englewood. ~ny pest program will also include the highly emotional nuisance pest, the Elm Leaf Beetle . Controlling these pests with a spray program must be synchronized with the insects' life cycle for maximum effectiveness. The time span for controlling these pests, with minimum amounts of chemicals, is relatively short. The spray season is greatly influenced by spring weather conditions, but may begin as early as late May for Tussock Hoth control. It is therefore very important that property owners with infested or diseased tr~es be targeted to receive the infonnation and referrals needed to treat these conditions. Recommendation : Initiate a multi-level public education/infonnat i on program regarding the importance and control of these targeted pests. Support these broad educational efforts with individual contacts from the City Forester to property owners with trees showing signs of last year's Tussock Moth infestation or evidence of Dutch Elm Disease . -2- I • • - • • • • • local media, such as the Sentinel and the Denver Post "Neighbors" will be used whenever possible to provide timely pest control infonnation to residents. Supplemental articles will appear in city-sponsored publications, such as the Englewood Citizen and the Parks and Recreation brochure. Pest- control publications are currently being distributed through the Parks and Recreation office. The Englewood Public library has been very cooperative and is interested in participating in and co-sponsoring tree-related public programs. Free literature is currently available to the public in the library; the possibility of offering pest-related workshops this spring is being discussed. The City Forester will support these educational programs with advisory assistance, upon request, to residents with these or other insect and disease problems. This first-year program will rely on the integrity of the property owner to take some corrective action (i.e., spray for insects or remove a tree infected with Dutch Elm disease). However, the impact of an individual contact fr001 a "professional" or "authority" source (the City Forester). acc0111panied by treatment reconmendations and referrals, should prOllll)t a cooperative response from property owners. The legwork involved in contacting these property owners will serve the dual purpose of collecting important infestation data. While it is evident that spruce, fir, Douglas fir, and elm trees in Englewood are seriously threatened by insect pests. there is no solid infonnation currently available to direct efforts for more effectively combatting t~ese p,·,blems. The Colorado State Forest Service (CSFS) has offered to ~ssist in an insect and disease survey of areas in Englewood, at no cost to the City in 1982. CSFS personnel will cooperate in a spruce, fir, and Douglas fir survey to locate both healthy and infested trees, as their time allows. They have already surveyed most of the City for trees showing Tussock Moth damage fr001 last year. This survey provides specific locations of infested trees, and greatly increases the ability of the City Forester to zero in and work with property owners faced with these p st problems . This insect and disease survey is a first step in developing an effective pest-control program in Englewood . W n ed information regarding -3- I • • -• • • the extent, location, and se verity of ins ect problems in order t.o de~ign an intensive and successful program. Acc ording to Section 10-~-4 of the current Tree and Shrub Ordinance, the City's authority to enforce the control of insects and diseases on private property is very limited. Changes in this section of the Ordinance are necessary before pursuing a mo re "enforcement" oriented pest-control program. The program outlined above will undoubtedly have some impact on the spread of insects and diseases this year. This approach will combine some inmediate action this year while establishing a foundation for future programs. Object i ve (b): To insure public safety by correcting hazards created by trees, shrubs, or other plants on public and private properties. The Tree and Shrub Ordinance authorizes the City Forester to "order the trillllling, preservation, or removal " of trees or other plants on publ ic or private property when necessary to insure public safety. Hazardous conditions, cau se d by trees or other plants, hive developed along the strees and in other areas of Englewood. These situations now require some corrective act ion. The trees an d sh rubs creating these hazardous con ditions exist on both public righl-of -wc1y and private properly in [nylewood . Regar dl ess of their location, these plants in some way affect the safety of tho s e using public areas (primarily streets). I am particularly concern ed with standing dead trees on public right-of-way; dead, broken, or hanging branches greater than 2 inches in dia ter overhanging streets or sidewalks; low branches interferring with vehicle or pedestrian traffic; and trees or shrubs blocking clear visibility or traffic signs at intersections. The Tree and Shrub Ordinance currently places the responsibility for maintaining trees and shrubs on public right-of-wa y on the owner or agent of any property adj cent to these areas, at their cost. R ~~n.d_ation : Initiate a program using the existing T,ee and Shrub Ordinance and the authority of th City Forester to correct these hazardous conditions. .4. I • • - • • • • • Experie nce in other Me t ro cities and other Englewood code enfo r cement programs has shown that property owners are often unaware of these conditions or the extent of the hazards they create. The role of the City Forester, then, is to notify these property owners of the existing problem an d advise them as to how it can be corrected (i.e., tri11111ing, transplanting, or rem oval as required). Property owners will receive a referral list of all insured tree services licensed by the City of Englewood as a consumer service f~om the City Forester. This will promote a professional quality of tr~e cart operations with the City and protect residents from accidental losses . It is, however, unrealistic to expect 100% compliance by all property owners responsible for problem trees and shrubs. The credibility and success of this program will depend on the City Forester having the resourc es to remedy these situations, and recover any resulting costs from the property owner. I propose that the City establish a "revolving fund " for contractua l services that may be required when property owners fail to correr.t a hazardous condition after appropriate notice from the City Forester. Section 10-3-6 outlines this notifi cation process and includes the means for the City to recoup the costs for these contractual services, plus administrative fees, from delinquent property owners . All contractual services will be performed within the limits of thi s revo lving fund ; any requi r ed work resulting i n costs above this funding leve l will be postponed unt il the following year. This revolving fund can service two purposes, depending on Council policy. First, this fund will be used to contract tree wor for cases described above . Second, this fund can be used toe se the financial burden on low-income prop rty n rs caused by contr cted tree work. The City would contract for th requir d wor, and recover all costs plus administrative fees through a monthly pa nt progr m set up for qualifying low-inco property owne rs. Locating and remedying these hazards cause d by trees and shrubs will be a jor and ongoing tas . The responsibility for identifying t~es concerns can be shared with oth r City departments. Cod Enforc ement Officers and Tr ff1c or Str ts Division staff c n cooperate in re port ing th s probl as to the City Forster. -5- • I • • • • • • The City Forester will make the initial contact with the property owner responsible for the trees or shrubs involved. With the expertise of the City Forester, an appropriate reco,miendati on can be made to correct the situation. Should a property owner fail to take corrective action, the City Forester will rely on other City departments for support, as needed. Code Enforcement Officers can cooperate in follow-up inspections, and the existing enforcement process may be utilized when a situation permits. High-priority situations and emergencies may require the assistance of City crews and equipment. This involvment of City personnel will occur only in these special cases, as the City is not in the business of trinrning privately owned trees and shrubs. The revolving fund for contracted tree work can be used by the City Forester as a final option should these other procedures be ineffective. The public hazards have been noted thus far by concerned citizens, other City staff, and through a quick "windshield" survey of city streets. A street tree inventory is planned for a more comprehensive assessme~t of trees or other plants affecting public safety in Englewood. t.,'fllPlet,ng this inventory may require outside assistance. A proposal for a college-level internship or a CSFS subcontract requiring approximately $1500 will be made in coming years. This inventory will become an important management tool and will be used for future program planning. Objective (c): To develop the City Forester 's office into a "c 011111Unity resource" for Englewood residents with tree-related questions or information needs . A developing urban forestry program should include a strong orientation towards positive public service, beyond the duties defined by municipal ordinance. This approach develops an additional City service for residents and will aid in gaining the public acceptance and cooperation needed to meet other program objectives. The City Forester can offer services ranging from educational programs to technical or advisory assistance for residents. These are designed to meet existing and evolving needs observed in the connunity and will rely on input from the public, City Council, other Metro agencies, etc. -6- • I • • • • • • Educational progra ms, are i n effect , an i mpo r tant tool of a ny pub lic agency or mun i cipality . An educated or aware publ i c wi ll mo r e r eadil y parti ci pa te in corm1unity i mprovement goals . The energies pu t i nto edu ca tiona l and service-ori ented projects should "pay off" in the publ i c's vo l untary compliance in pest-control and enforcement programs discussed prev i ously . Several publ i c service activities have already been initiated by the City Forester . Examples of these include the following: writing pest-related a r ticles , f ield call s and other tree advisory assistance to residents, an Arbor Day tree awareness program and seedling giveaway, and compiling a list of l i censed tree service companies for distribµtion to Englewood residents . The posit i ve response to these initial activities confirm the need for and public i nterest in continu i ng to develop this program area. Re conmendation : Continue to develop and promote the City Forester's of fi ce as an i nformational and technical assistance r e s ource f or Englewood r esidents . Ut i l i ze publ i c edu cat i on and program opportun i ties to meet the i nterests and nee ds of the c011111un i ty wh ile prov i di ng the educ a tional sup port fo r othe r prog r am objectives . Th e ed ucat ional and public service activiti e s currentl y planned by the City Forester are generally outlined be low : (1 ) The City Forester's office will be a pla ce to direct citizens with problems, que stions, or complaints involving trees or ot her pl a nt s . The City Forester will work wi th residents towards an answer or Sll,e their problems, or knowing that the City cannot "c ure all ills", offer alternatives or suggestions that may be of assistance. Referrals to licensed arborists, other public agencies, or other i nformation sources may be offered. (2) The City Forester will provide technical assistance and sup portive publications or other information, when possible, to Englewo od resi den ts with tree-related problems . This will involve making field calls or wo rki ng over the phone, as the situation requires. Publications may be develop ed "in ho use" wh en necessary or obtained through cooperative agencies such as the CSU Extension Service of the Colorado State For est Service. -7- • I • • n - --- • • • • • (3) Continuing public education programs will be organi~e~ by the City Forester. The main form for public co11111Unications will be through news releases or other newspaper art icl es when possible . Additional approaches will include cooperating with the Englewood Public Library in distributing literature or co-sponsoring tree care seminars or workshops; special projects, such as the Arbor Day Tree Seedling Giveaway, to promote general tree awareness or a topic of special concern; involving Englewood schools or other youth organizations in activities to teach the value and importance of trees in the comnunity; utilizing volunteers from the Malley Senior Center, the CSU Master Gardener program, or other organizations in public education programs whenever possible. (4) The City Forester is involved in the licensing of connercial tree services in Englewood. To promote professional and responsible tree work in Englewood, the City Forester will compile a list of all these licensed firms and distribute copies to interested residents. The City Forester will routinely inspect tree work perfonned in the city, both for job quality and safety measures during operations. Any unlicensed operator found working in the City wi ll be notified of this requirement, and compliance will be enforced when necessary . (5) Tree care will continue to be the primary concern of the City Forester. As the overa 11 program develops, general "pl ant II care will be included in the advisory assistance of field calls already offered by the City Forester. General horticulture infonnation about shrubs, lawns, nd gardens can be made available as time and resources permit . Most of these activ1ties will be determined and scheduled by "season". Opportunities to cooperate with other agencies or organizations to ma~imize the effectiveness of these programs will be investigated and pursued whenever possible . -8- I • • - • • • • Objective (d}: To plan for the environmental and aesthetic betterment of Englewood throu gh coordinated tree planting and maintenance programs. The maintenance of a quality tree resource in a cotTlllunity requires a continuing concern for th e future. Planting trees needs to be an ongo i ng activity to avert an overall decline in the density and quality of an urban "forest". Individuals have taken this initiative on their own properti~s; however, the City can take a positive leadership in quiding th,·se ef,'orts and creating opportunities for individuals to add trees to the c011111Unity landscape. Reconrnendation: Develop a community tree planting program for Englewood. Initiate this program in the Spring, 1983. A cOtTlllunity tree planting program will be developed to meet the particular goals and i dent ity of Englewood. While it is suggestP.d that any city-sponsored tree planting activities be postponed until Spring 1983, this objective will remain a priori ty in this proposed urban forestry program . I reconrnend tha t a tree planting program be delayed until next spring for these reason s. The primary concern of any tree progr a~ is the healthy growth of these ne wly-planted trees. Experience has shown that planting in the Spring greatl y 1ncreases a tree's chanc s for survival. More ti is needed to develop a program wh ich meets both the goals of the City and the need s of participants. Also, more lead ti for publicity and promotion will insure greater participation, and result in more trees being plant d in Englewood. Th City For st r can, hop fully, still 1nflu n tre pl nt1ngs in [nglewood through promotrng acceptable trc spec1 s or street us nd working with res1dents voluntarily planting in publ1c right-of-way areas . Also, proper tr e int n nee and preventativ c r will prolong the healthy growth of st blish d trees while impro ing th aesthetic quality of city str ets. Th s ar all subjects that c n b incorporated into oth r ducational act1viti s. -9- I • • - • • • • - Proposed City Forester Program BUDGET GENERAL SUPPORT FOR CITY FORESTER POSITION 1 Personnel Services (includes, salary, plus benefits) Vehicle Maintenance {{$15/month) Fuels (100 gals/year) Office Construction, Telephone, 1 File Cabinet Office Supplies, Postage Reference Materials and Diagnostic Equipment (includes reference books, technical publications, lens, hand pruners, etc.) Long Distance Telephone Charges Registration and Dues (note: annual dues include subscription to qu~rterly professional journal) SUPPORT FOR PROPOSED PROGRAM OBJECTIVE (a): Insect and Disease Control Printing and Publications (include~ hrochures. pest-control infonnalion, contact cards, survey forms, other documentation, etc.) Professional Services (includes lab tests for Dutch Elm Disease and other diagnostic assistance) Vehicle Mile ge and Maintenance (@approximately $18/mo. and 200 gals/year) Office Supplies, Postage Long Distance T lephone Charges -10- • $ 27,000 7,000 180 135 1,100 125 250 25 85 --- $ :,:i,900 $ $ 200 150 500 75 50 975 I • • • - • • BUDGE T (continued) SUPPORT for PROPOSED PROGRAM (continued) OBJECTIVE (b): Public Safety Hazards Revolving Fund $ 10,000 (contractual services for t r ee trirrrning or removals) Printing 200 (includes fonns, notices, contact cards, etc .) Vehicle Mileage and Maintenance 500 (@ approximately $18/mo. and 200 gals/year) Office Supplies, Postage 75 $ 10,775 OBJECTIVE (c): Publ i c educat i on/Technical Assistance Print i ng and Publ icat i on s $ 200 (includes promotional mater i als , li cens i ng form s , arb oris t lis ts, etc.) Other Mater i al s 200 (include s draft in~ s uppl i es , f ilm and pro cessing, et c. and Maintenance Vehicle Mileag (@ approximately $18/mo . and 200 gal s /year ) 500 Office Supplies, Postage 75 Long Distance Telephone Charges 25 $ 1,000 • I . . -11 - • • n • • • Proposed City Forester Program BUDGET SU J,t\ARY General Support for City Forester Position Support for Proposed Program Object i ve (a): Insect and Disease Control Ob j ect i ve (b): Public Safety Hazards Objective (c): Public Education/Technical Assistance TOTAL $ 35,900 975 10,775 1,000 $ 48,650 1These expenditures represent the min i mum support n eded t o establish the City Forester position. It should be understood that thi s funding level will not support the comprehensive forestry progra de sc r i bed in this proposal . With this "general support " allocation, the City Forester would offer a more limited program. The following describes services that would be available in this type of program. The City Forester would answer residents' tree-related questions over the telephon or refer them to other sources; limit field calls to special cases; contact local news media to promote timely horticultural information; continue ~urrent arborist licensing procedures; limit trc trin ling inspP ction!: and contacting unlicensed arborists to complaint responses or )ther speci 1 cas s; ass1st i n identifying and remedying pub1ic saf t) hazctrd s in a limited capacity; generally perform tree-r lated duties as resourc s permit . -12 - • I • • - • • • • • • 66 TO : EtG.»lX)D CI'IY CXXNCIL REGARDING RECXUEID\TI.00 OF 'mE PARKS AND RECRF.ATI.00 CXM1ISSIOO M1E: Mly 18, 1982 SUBJECT : ~ 'lllAT FlNOO IN 'mE AMXNl' OF $23, 00'.) BE MAIE AVAJJ.J,J!U FOR ADDITIONAL REPAIRS TO SPEOCER BA1LFIELD LIGITS RECXMEID\TIOO : DJe to the costs incurred in the repair of the Sinclair pool and J?Ul"chase of the l.D. pmto system, it is recamiended that the ~23, 00'.) for the additional and mexpected repairs to the existing wiring and poles at Spencer Ballfield be fOlDd in other than the Parks and Recreatioo Operating budget . By request of the Engle.o:xi Parks and Recreatioo Ccmnissioo ~lcs.~ Secretary • I . • - • • • • • TO : ElG1loO)I) CIT'i 0Jl.NCIL REGARDING RECXMflm\TIOO OF 1HE PARKS AND RErnFATIOO CXM1I.SSIOO JlA.1E : May 18 , 1982 SUBJECT : RECXH-Em\TIOO TO FIIL VACMC'i 00 MAI.IE{ cmIER TR1JST FlN> :oclt\RD RECXM£N[}\TI00 : Request , by maniDDus vote, ooe abstain, of the Parks and Recreation O::mnission that Harold Rust be reappointed to the Milley (;enter Trust fuld Board. By request of the Englewood Parks and Recreation Coomission • I . • • • - C O U N C I L C O M M U N I C A T I O N DAT E AGENDA ITEM SUBJECT June 1 1982 d.. I INITIATED BY Englewood Urban Renewal Authority I AC TION PROPOSED City Council acknowledge receipt af Urban BenewaJ Plan, transmit to EDDA and EBA for comment and schedule a Puhl; c Bearing '-·--'f!,..!O,!.;r!c._!J:Lu!:!..c!:.l:1-Al£.2.,__Al-ZJJ..-....--'li.J._...J.........I.J,L..J;;_..i,;.i,.._ _____________________ _, I INTRODUCTION AND BACKGROUND: When the City Council adopted the Downtown Development Plan on March 8, 1982, it was transmitted to the Urban Renewal Authority with the inst ruction to prepare an Urban Renewal Plan that is consistent with the Downtown Development Plan. A separate Urban Renewal Plan is re- quire d by Colorado State Statutes, and addresses different issues than are found in the Downtown Plan. These issues include financing arrang ements for public improvements and relocation assistance for affected property owners and tenants. According to State Statutes, the City Planning and Zoning Ccmmission is required to review the Urban Renewal Plan for consistency with the Comprehensive Plan. The Plan has been forwarded to the Cormnission, and is on their agenda for Tuesday, June 8th. The City Council must hold a public hearing on the Plan following receipt of COIIID nts from the Planning Commission, and it is recommended that this be scheduled for July 12, 1982, at 7 :30 P .M. While it is not a state requirement to do so, it would be valuable for EDDA and EBA to also r view the Plan and present comments to th City Council prior to or during the Public H aring. Following th Public Hearing, if the City Council fe 1 th major issu shave been addressed, the Council may adopt th Plan by r solu- tion. Th resolution must include specific findings by th City Council which are outlined in th Stat Urban Renewal St tut a. Following adoption of th Urban Renewal Plan, the Urban Rn wal Authority can proce ed with th creation of th tax increm nt district (both sales nd prop rty) wh ich must b don prior to Septemb r 15, 1982, in order for th project to use this y r s the ba y r for coll cting future rev nu. • I • • - • • • • RECOMMENDATION : 1) It is recommended that the City Council acknowledge receipt of the Urban Renewal Plan from the Englewood Urban Renewal Authority and that the Plan be transmitted to the EDDA and EBA for review. 2) It is further recommended that the Council schedule a Public Hearing on the Urban Renewal Plan for Monday, July 12, 1982, at 7 :30 P.M. All comments from interested citizens , Boards and Commissions should be presented to the Council prior to that hearing or during the hearing. 3) The staff is directed to make copies of the Urban Renewal Plan available to all interested citizens. SUGG ESTED ACTION: MOVED BY ___________ _ SEC OND _____________ ~ YES ____ __...o ____ _.ABSENT __________________ _ • I • • - RESO LUTION NO. 2 Series of 1982 • • • ClTY OF ENt;LEWOOU , COLOiv\lJO UlWAN lillNEWAL AU'i'HOIU'!"i A RESOLUTION OF THE URBAN RENEWAL AU'£1:i0RI1-Y ADOPTING THE URBAN RENEWAL PLAN OP MAY, 1982. WHEREAS, the Englewood Urban Renewal Authority was directed by the Englewood City Council to prepare an Urban Renewal Plan to imple- men t the adopted Downtown Plan; and WHEREAS, the development of the Downtown Plan involved extensive p ul>l.ic meetings and incorporated publ:lc comawits; and WHEREAS, it is necessary to formally adopt a plan and present the plan to both the City Planning and Zoning Coaaission for co111111ents and to th~ City Council for formal ratification. NOW, THEREFORE, BE IT RESOLV~D by the City of Englewood Urban Kenewal Authority as follows: Section l. The Englewood Urban Renewal Authority recommwws adoption of the Url>un Rene wal Plan of Hay, 1982. ADOPTED AND APPROVED THIS ___ l._9t __ h __ d&y of ___ M_a.._y __ , 1982. Chairaan A' "l'l:.S'!': S cretary I • • • • • CITY OF ENGLEWOOD URBAN RENEWAL PLAN Prepared by: Englewood Urba n Renewal Authority Robert G. Pow 11, Chairman R. P. McClung, Vice Chairman Ruth Col Larry Dickinson Tho s R. Fitzpatrick H lv1n Minnick Rob rt J. Voth L wr nc H. ovicky, Altern t H mb r Su an Pow r1, Ex cutiv Dir ctor J ri Li nd r, Pl nning T chnici n G rtrud G. W lty, R cording Seer tary Rick DeWitt, City Attorn y Bill LaDD, Bond Couns 1, L mm, Ed ro , Braym r Wi or St v B 11, Financial Adviaor, H nit n-Imhoff Hay, 1982 • 0 I • • • • - ENGLEWOOD URBAN RENE WAL PLAN TABLE OF CONTENTS 1 . In troduct ion a n d Plann i n g Process •........•.•.•..•.......•...... ! I L Descr iption of Ur ban Rene wal Area ...•.....•...•.••.......•..•... 4 I II. Ur b an Re n e wa l Ar e a J ustific ation .•••.••.....•••.•...••.•......•. 5 IV . Objective s a nd Polic ies of th e Urban Re n e wa l P l a n ......•.•...... 8 V. VI. Develo pme nt Plan .....•.•••.•...•..•....•....•••......•....•..•. 11 A. Ex is ting Land Use ..••.•......••...•.•..•....••••••........ 11 1. Bu ilding Co ndit i on ......•........•....•.........•..•.. 12 2 . La nd Own e r s hip •.•...•...••...•........•.•...•...•••... 13 3 . Ex is ting Utilit ies .......•.......•.....•••.•.•..•••.•. 14 4 . Env i ronme ntal An a l ysis ..••....••••......•....••..•..•. 15 B. Public Improveme nt Pro jects .••.•.•..•.•.............•....• 16 1. Li ttle Dr y Cr eek Flood Con tro l ...•......•...••..•..... 17 2 . Pe d es trian Mall •.•.•••...•••.......•••..•...••..•..... 19 3. Broadw ay Corr i d or I mp r o v emen ts •.••.••.....•.....•..•.. 20 4 . Ske r r itt Park Redevelopment •.....••....•.•...•..•....• 20 S . Ut ili t y Improvements and Relocation ••..•...•....••.... 21 6 . S t ree t and Right-of-way Improvements •.....•..•........ 22 7 . Ha mpden Avenu /U .S . 285 Improvemen ts ....•.....•....•.. 23 8. Ped s t rian Overpasses .••.......••••....•.............• 23 9 . RTD Transit Center .......•...•...•••....•.•.......••.• 24 C. Private Projects •.........•.•.......••....•.•...••...•...• 25 1. Retail .••..•.•..•.•...•.......•....•...••..••.••••.... 26 2. Offic D v lopment ...•...•.•.•.••......•...•..•....... 2 3. Hotel •.•.•..•••....••••....•...•.....•...•.•..•.•..... 26 4. R sid ntial. ......••.•...•.•••.•..••...••..•.•..•....• 27 5. 0th r ..•..•.••...•..•...•.•.•..•....••..•.••.••....... 28 6. Parking .....•..•...•...••.••.•••••.•..•.•....••.•...•. 28 D. Sit Pl nning .•....••••...••...••.••.•..•........••....... 30 £. Tr nsportation Planning ••.•••.•...•.•••....••..•.....•..•. 36 Impl A. B. c. D. E. F. G. H. 1. tion ..••••.•••.•••••••.••.••.•••••.•••••••••..••.•••. 38 Acquisition •.••••••.•..••••.•••.•••...•.•••••.....•.• 38 nd Disposition •••••••..•..•••••••••••.•..•••.••....•.... 40 v lopm nt Guid lines •.•..••••...•.•...•••..•••..•••.•.•. 41 Downtown Zon District ..•.•.•.•••••••.•..•..•..••...•••.•• 42 Agre m nt b tw en Developer, Urban R newal Authority nd City .•••.•••••.•.•••••..••••••.•..••.•.. 43 Co rci 1 R h bilitation .••.•.•••••••.....•••.•.•.•••.... 45 Publlc/Privat • 11anagement Ent.ity ••.•••..•••..••••••.•.••.• 46 R loc tion Plan •.•••.•••....••••.•..•.•••.•..••.•.••.•••.• 4 7 Fin n cl ng •..•.•.•••••••.•...••••.•.••••.•.••••.•••.••.•... 52 !) I • • I. • • • • -1- INTRODUCTION AND PLANNIN G PROCESS. The City of Englewood is an older suburb l ocated 10 miles sou t h of downtown Denver (Map 1). It wa s i ncorpo rated in 1903, and has de- veloped as one of the few full-servi ce cit i e s in th e metropolitan region. While Englewood developed as man y other suburban coDDllun ities , in the late 1960's the selection of Englewood as the site for Cind rella City Shopping Center dramatically changed the coDD11un ity. A larg park suddenly gave rise to the largest shopping center in the world, and Englewood became a major retail center of the Denver metropolit an region. The Center also became the focus for retail trade within Englewood, thus reducing the s trength and vitality of the downtown Broadway shopping area. During the 1970's, Cinderella Ci t y maintained its ability to serve as a regional s hop ping mall des p ite the opening of several other malls within the trade a rea. The downtown section of Englewood never did recover from the opening of Cinderella City . The Cit y of Eng l ewood has remained concern ed abou t the futu r e vitality of its downtown for many years . Various reports have been prepared for the City and the Englewood Downtown D velopment Authority that indicate that there is a potenti 1 for conomic growth in the down- town. The r ports have also indicat d th t th Broadway corridor within the downtown is in serious ne d of revitalization. The development of other shopping c nt rs in th Denver H tropolitan Ar a will place n v n gre tr strain on th Cinderella City Shopping C nt r, loc t din downtown Engl od. In 1977, th vot rs in down- t Engl ood pprov d th er ati no th En 1 wood Downtown D v lop- nt Authority, d authoriz d iv (5) mill 1 vy on th ir prop rty to assist th Authority ind v loping pl n to ddr th appar nt • I • • ·I • • • -la- MAP 1 DENVER METROPOLITAN AREA \ 1 ) I • • < i , I • • • • • -2- redevelopment needs. The establishment of this Authority launc hed the drive to redevelop downtown Englewood. An additional in cent i v e was provided b y a private deve loper, Brady Enterprises , who was in- t e rested in developing certain vac ant parcels in the downt own area . The developer felt that the most appropriate wa y t o guara ntee t he success of a project was to jointly plan it with the public sector from the beginning. This resulted in a three-party agre emen t to pre- pare a development guide for downtown Englewood. The parties were the City of Englewood, the Englewood Downtown Development Aut hority , and Brady Enterprises. A plan f or redevelopment was p r e pare d i n 1981 , with the involvement of the l ocal business communit y a s we ll as the parties to the agreement. The planning process to deve lop th is plan- development guide during 1981 is detailed in the adopted En g l ewood Downtown Development Plan, and i s the basis of this Urb &n Re n ewa l Plan. There are numerous r e f e rences to that Plan, t h rougho u t this document, and i t is ava i l ab l e to i nteres t e d parties. The City of En glewood fo rmed an Ur ban Re ne wa l Autho r i t y in 1973 , but the Authority was not active during the 1970 's . At th request of th Mayor of Englewood, the Urban R newal Authority was resctivated in the F 11 of 1981 to consider th ir role as the financing v hicl for the public improv m nts in th Plan. In adopting this Englewood Urban R newal Plan, the Urban R newal Authority has agre d to assume this critical rol . Th oth r ntiti (City, Engl wood Downtown O - v lopm nt Authority, etc.) will hav oth r rol sand r sponsibiliti • in this ov rall rd v lopm nt ffort, which ar expl ind ls wh r in this r port • • ) I • • -• • • -3- The preparation and adoption of this report by the various Boards and Co11DDissions indicates the general agreement for the direction to be taken in the downtown. While there are specific elements of public co11DDitment and private c011DDitment, it is understood that the success of this effort lies with the partnership approach which has been evident from the inception of this project. The approach taken in this Urban Renewal effort is not the traditional Urban Renewal method. It is not the intent of the City of Englewood or the Englewood Urban Renewal Authority to condemn all of the prop- erties within the Urban Renewal Area. This would not be necessary because of the interest of private property owners in developing their land consistent with the Plan. As will be discussed in further detail under the implementation section of this report, it will be necessary for the City or Urban Renewal Authority to purchase certain properties for th Little Dry Creek flood control improvements. If purchase is not possible, then the City or Urban Renewal Authority will nee ssarily have to condemn the property. This Plan ha b n pr pared to comply with th provisions of th Urban Rn wal Law of the State of Colorado, Part I of Article 25 of Titl 31, CRS 1973 (1978 Supp.). • I • • n - • • • • • -4- II. DESCRIPTION OF URBAN RENEWAL AREA. The boundaries of the Urban Renewal Plan encompass a larger area than the Downtown Development Plan. The extension of the boundar ies is due to the upstream improvements required for flood control, and these measures are a major component of the Urban Renewal Plan. The majority of the Urban Renewal Area is commonly known as downtown Englewood, bounded on the west by South Santa Fe Drive, on the north by West Floyd and Eastman Avenues, on the east by the South Broadway- South Lincoln alley, and on the south by U.S. 285. In addition t o this area is the entire right-of-way of Little Dry Creek east to South Clarkson Street and adjacent land. This area is bounded by the U. S . 285 right-of-way on the north, East Lehigh Avenue on the south , South Clarkson Street on the east, and South Sherman Street on the we s t . In addition, the area north of U. S. 285 along the Little Dr y Creek right-of-way i s inc luded. The boundaries of the Urban Renewa l Area are deline ated o n Maps 2 and 3 • • I • • Wttley~l--1~ CITY Of aNGLaWOOD Bolltr .....__1--41 Harvard ~l--1~ llos.- l I I • • - -4a- MAP 2 u.1AN ABEWAL AREA I . . • , .. • z .............. l~~~==lt .I._____,~ ii: I • • • -4b- I . • • - • • • • -5- III. URBAN RENEWAL AREA JUSTIFICATION. The designation of the Urban Renewal Area in downtown Englewood is based on sev e ral factors. The presence of the Little Ory Creek flood plain throughout the downtown and the under-utilization of prope rty are the two primary incentives for improvement and redevelopment . The Little Dry Creek channel runs directly through the area and its flood plain comprises over half of the designated area. The flooding potential of Little Ory Creek discourages future development. In addition, the presence of deteriorating structures sod vacant build- i ng s contribute to a negat i ve impression of the downtown area . Due to blighting con ditions , n o significant development has occurred in recent years . Thi s has created a serious economic liability for Englewood. Th e Englewood Central Bu siness District-Cinderella Ci t y retail /com- mercial area is currently rate d the secant major retail activity center in the Denver Metropoli tan Area, and i t is the major tax g n rating source in Englewood. However, major retail/commercial developments ar planned in the surrounding communiti a, such as the Southw at Plaza Mall, Cent nnial Rae Track rd velopment, sod th Littl ton Riv rfront Red v lopment project. ntes dev lopment pas a a rioua co p titiv threat to th Englewood buain as district, and if th City is tort in its comp titive d , rd velopm nt is n c aaary. TIie buainess diatrict east of Cinder lla City is not as atron an economic c nter as Cinder lla City. Whil th r e are several v ry aucc eaful buain see, located within th ar a, th r ar aany bu1i- • I • • - • • • • -6- nesses which are marginal and do not contribute to the econ omic stability or vitality of the downtown. At the current t i me, t he r e are 18 vacant store s in the downtown portion of the Ur b an Renewal Area. Another indication of the distress of this area is ref l ect e d in the sales tax receipts. This section of the Broadway comme rci al strip is the only area which has experienced a decrease in sales tax revenues over the past few years . The under-ut i lization of propert y is another i ndication of the nee d for redevelopment in this area. The designated Urban Renewal Ar ea is 176 total a c r es i n size, of which forty (40) acre s (or 23 %) are publi c r i ght s-o f-way , and seven (7) acres (or 4%) i s developable land in the downtown area. Th e 100-year flood plain of Li ttle Dr y Cre ek en c ompas ses ov e r half of the Ur ban Re newal Ar ea . In accordance with the Englewood Flood Plain Or dinance and Federal Reg u lat ion s , f lood c ontrol i mprovement s mu st be mad e befor cer tain types of de ve l opment c an occur i n the down town ar a. Without imp r ovem nts to Little Dr y Cr eek , the oppo rtunities for developm nt continue to b everely constrained. Anoth r factor which indicates th need for redevelopment is th con- dition of xi ting buildings. Io a rec nt survey of existing buildings within th downtown, it was stablish d that 24% of the buildings are in poor condition relative to conformanc with City Building and Fir Co d atandarda. Thia r pres nts 28 of the 118 xisting buildings. Of th r ind r, 33% (39 buildings) are in marginal condition and % (51 buildin ) ar in good condition. In 1141\Y cases , poor build- • I • • In -• • • -7- ings share coounon walls with good buildin s, thereby jeopardizing a greater number of buildin gs than th figur & aay indicate. The blighted conditions within the district as described above, have seriously impaired growth of the downtown as evidenced by the lack of development when compared with the strong market demand which currently exists. Englewood is currently "bu ilt out" with no annex- able land available, necessitating redevelopment to sustain growth in housing, services, employment and public facilities. The absence of development and growth in the downtown district, in- flating costs of public services and decreasing tax revenues is creating a serious economic liability for the cooununity. The re- newal effort is necessary to reverse this trend. I • • - IV . • • • -8- OBJECTIVES AND POLICIES OF THE URBAN RENEWAL PLAN. In November, 1981, the Englewood City Council, Planning and Zon i n g Commission, and the Englewood Downtown Development Authority adop t ed a series of policies which were the basis of the Downtown Plan. These policies are also a basis of this Urban Renewal Plan, and are listed below. 1. A concentration of high activity uses should be encourage d in the downtown to provide a focal point for the City. Downt own should be a location for work, shopping, living and playing with aes thet ically pleas i ng areas for rest and r e laxation . 2. To provide housing for worker s and encourage home owners hip, residential c ondomin i ums s hould be provide d within th e Down - town Di s trict. 3 . To preserve and pro t ect the e x isting s ingle-family r e s i dential na ture of the s urround i ng area f rom comme r cial encroa c hment , Floyd and Eastman s hou l d be s trengthened as ba r r ier s t o furth r comm rcial expansion to the north. 4. Downtown should be maintained as a r gional activity center with high concentrations of retail, offic and residential us s. 5 . Th downtown area should be developed under a coordinat d th m. 6. The arriv 1 points to th downtown , U.S. 285 and South Broadway, U.S. 285 and Elati, Broadway and Floyd, should b strength n d vi1ually to id ntify th area. I • • ...... • • • - 7. Public transit should be strengthened with a transit center linking the downtown to the regional transit network. 8. The retail/office area along South Broadwa y should be linked with Cinderella City through the development of a mall along West Girard Avenue. -9- 9. The link between Cinderella City and South Broadway should be pedestrian-oriented, with retail use at ground level in build- ings bordering the West Girard Mall. 10. Off-street parking capacities should be increased and should be enhanced with landscaping. 11. Parking should be provided between development parcels and on the perimeter of the downtown with access from the internal street system. 12. To provide for better vehicular circulation , some intersections in th downtown area should be r aligned. 13. The propo ed red velopm nt should b linked to surrounding neighborhoods withe f p destrian conn ctions . 14. Existing utiliti a nd n w utility a rvice should b plac d underground. 15. To maint in th seal of n w d v lop nt compatibl with th I • • -• • • -10- scale of existing buildings, high rise development should be located off the mall and Broadway corridor. The building height should be compatible with the height of existing buildings. 16. Usable open space should be created in the downt own. 17. To create an open space climate, Little Dry Creek should become a focal point with a variety of uses developed along its banks. 18. The image and character of the redevelopment should be aesthetically pleasing to attract people. 19. Alternative energy sour ces (solar, etc.) should be used where possible. 20. Existing ordinances which guide development should be reformulated t o er te downtown zoning district and to set standard s for the rd v lopm nt. 21. To insure an ad quate lev 1 of publics rvic s including police nd fir protection nd maintainin public ar 22. w ways to financ the rd v lopm nt hould b d t rmin d nd initiat d. 23. A aark in p ck g should b d v lop d to promot th rd v lop- nt. I • • - • • • • V. DEVELOPMENT PLAN. A. Existing Land Use . The Urban Renewal Area contains 176 acres, of whic h 62% is private and 38% is public land use. The boundaries for the -11- Plan have been e xtended to include the upstream improvements to Little Dry Creek. Therefore, existing land use has increased to include the property south of U.S. 285 to the Englewood High School with South Clarkson Street bordering on the east. The public and private improvements outlined in the Plan refe r primarily to the downtown area. Improvements proposed for the area south of U.S. 285 include channel improvements to Little Dry Creek and a detention pond on the Englewood High School athletic field. No other improvements to the a r ea are propos d, but private development is encouraged. The downtown rea contains 120 acres, of which 76%, r pr s nting 92 acres ar c urrently developed. There res v n (7) acres of property which are vacant , and 16 a c res a r e being us d for at- grad parking. Cinderella City provides an additional 37 acres for parking. A total of 22 acr s ar public str t , 11 y or right-of-way for Littl Dry Cre k. The majority of d velop d property is being utilized r t i1 or offic Th r are c urr ntly 269 individual retail u r pr n ing 1,682,760 gross squ r f et In th ar a, and 490,645 gross quar f l of offic sp C Ther re 65 r aid ntl 1 unit locat d long South Banno ck Str t, W st Hampd n Av nu . nd U.S. 285, with B V ral a cond atory raid ntial uni s :In th 3400 block of ouch Bro dway. To th w t 0 South El ti tr t h Cind r lla City, 1 ,217,100 squar foot r 1 al h ppin C nt r . • I • • -• • • -12- The most apparent characteristic of the downtown is the amount of vacant and under-utilized property. The downtown plan further de- tails existing land use in this area. Existing land use east of the South Broadway/South Lincoln alley consists of a mixture of residential, retail and office uses . The area contains 56 acres, representing 63% of public uses and 37% of private land use. The Dry Creek Shopping Center adds an additional 29,550 square feet of retail space in the Urban Renewal Area. The majority of proposed improvements in the Urban Renewal Area occur in downtown Englewood. For this r eason, the following land use breakdown and analysis refers to the downtown area and dos not include the area east of rhe Broadway/Lincoln alley. 1, Building Condition. The buildings in the downtown area vary from one and two- story brick structures to ten-s tory offic tow r s . As part of the preparation of th downtown plan, a visual s urv y of th existing structur sin the downtown wa s conducted by th Building and Fir Dep rtment s . Whil e this survey did not inc lud th buildings in th e ntir Urban Rn wal Area, I • • - • • • - -13- it did cover the major downtown area. There were 118 build- ings identified, and 28 were judged to be in poor condition , 39 classified as marginal, and 51 buildings were found to be in good condition. This was a visual s urvey f rom th e street and does not represent a building-by-building analysis of quality. It does give some indication of the general need for rehabilitation of the downtown. The age of the buildings, especially those along South Broadway, is mostly respon sib le for the rather poor condition. Most of the structures were built in the 1920's, and because of the non-resident owner- ship pattern, the degree of maintenance has been limited in many cases. A map indicating the condition of buildings in th downtown is found in the Downtown Plan. Two high-rise buildings existing in the downtown wer built in th mid-to late 1960's, and are in very good condition . 2. Land Own rship. Ther are 158 business owners within th downtown Urban R - n wal Ar not including Cind rella City. Of that total, 88 % ar abs nt own r of prop rty which mak r vitalization f- forts mor difficult. Th siz o th prop rti a vary gr tly, but th re r a w larg pare 1 whi ch r singularly own d, Th lar Int Ci yo Ltd • r prop rty own rs includ nk, lCRAVC O-Equit bl Li lrat atlonal Bank, Firat wood, Jean tt nd Sco tt Buh, n lnv atm nt C ~p ny, nd Engl w od Plaza, 0 th • umptiona o thla pl n i th t on or eor d - • I • • • • • -14- velopers will begin to assemble properties for redevelopment according to the Plan. This is, in fact, already occurring with one developer, and it is considered the key to the s uc- cess of this effort . 3. Existing Utilities. The existing utility system serving the Urban Renewal Area is generally adequate to serve the projected development with certain improvements. The changes that are necessary are due to required relocation of utility lines and some capacity increases to water, sewer and storm sewer systems. The existing utility system involves overhead electric and tele- phone lines which are aesthetically unpleasant. The Urban Renewal Authority would strongly recommend that a ll utilitl s , including pow rand t lephone, be placed underground. Within th past six months, the City has installed a 15 inch sewer line along West Floyd Avenue, and a 12 inch ew r line along South Acoma Street. The sewer interceptor lines in W st Floyd Av nu nd South B nno ck Street ar 1 rg nou h to carry an incr sed population d n ity of 60,000. Th n twork of wat r main ha b n tr nth n d with lar r mains in South Lincoln Str t to upport th propoa d d - v lopm nt. within th Th improv Urban Rn w 1 Ar to th u 111ty 1y1t m. nta will slat th d v lopm nt by prov id in dditi n l c p city • • I • • • • • • -15- 4. Environmental Analysis. The major environmental constraint in the Urban Renewal Area is the presence of the 100-year flood plain through most of the downtown. A major public investment will be made to con- fine the 100-year storm to the Little Dry Creek channel. Without this improvement, the downtown area of Englewood will continue to be potentially exposed to flooding and any new st1:11ctures would have to be constructed in conformance with the City of Englewood flood plain regulations. These regula- tions do not prohibit development, but the physical standards that need to be met certainly inhibit development. The pro- posed development plan could not be built out within the limits of the present flood plain regulations because of the elevation of the first floor of the proposed building. TI!ere do not appear to be any unusual problems due to soils that would affect construct ion in the area. The depth and type of construction will be limited by the water table. • I • • • • - -16- B. Public Improvement Project s. The Urban Renewal Plan will be accomplished through both public and private investments. The cost of the entire project is es- timated at $234 million, of which $2 9 million is estimated for public improvemen t s, and $171 million for private development. It is also anticipated that approximately $38 million for public and private improvements for parking structures are required. In order to attract private investment to the Urban Renewal Area, certain public capital improvements are required (Map 4). The cost estimates for the public improvements are pre- liminary figures and until more design work is accomplished, these figures cannot be finalized. These figures in their pre- liminary s tat e includ th estiaat d c onstruction cost and a 15 % fee for design and engineerin , and an additional 15% as a contingen cy . The outline of public improvement also includes the maximum amount of improvements proposed in the Urban Renewal Area . There are obvious relationships betw en certain public projects that would necessitate close coordination over the timing of th projects. Many decisions affecting all of the proj cts must be made as part of th Little Dry Creek improve- ments since th Little Dry Creek flood control project will set th ton for the design of the entire red velopment effort. For instance, it is only sen ibl to handl relocation of ut!liti s from West Girard Avenue as part of the mall project. I • • - CIIWEIELLA aTY • • • • unu-- E::J •--~-.... -· ............. " _.._ ... 00------... • 0 MAP 4 MENT PROJECTS P\MSLIC U'IIOVE • ' f - r • • • -17- As each improvement is discussed, its importance to the area will be ev:f.dent. The timetable for improvements is discussed in the phasing section of this report. Summary of Public Improvement Projects. Project Type Estimated Cost 1. Little Dry Creek Flood Control $14,000,000. 2. Mall (Girard) $ 6,825,000. 3. Broadway Corridor Improvements $ 865,000. 4. Skerritt Park Redevelopment $ 1,605,000 . 5, Utilities Improvement & Relocation $ 2,170,000 . 6. Street and Right-of -way Improvement s $ 2 ,730 ,000. 7. Hampden/U.S . 285 Improvement 8. Pedestrian Overpa s ses Total 1. Little Q!.Y. Creek Flood Control. $ 48 ,000. $ 624 000. $28,867,000. The gr e ates t public i nve stment i n th plan is t he i mprov - m nt to Little Dr y Creek , which is requir ed to contain a 100-y ar flood within th chann 1. Aa part of th improve- m nt, ad tention pond will b located on the Englewood Hi h School athl tic field. Thia is a precautionary measure to r du e th ou n t of wat r flowing through the do wn town ar a in t h i nclud v nt of a 100-y ar floo d . wid ning th ntranc to t h Additional improv nt1 Cind erella City box conduit, r placing or rebuildin th bridg • t W It H mpd n Av nu , South Sh raan Str et, South Broadw ay, and U.S. 2 5, I • • -• • • -18- and widening and improving the channel from Clarkson to the Cinderella City conduit. The entire Urban Renewal Area will benefit from the improve- ments to Little Dry Creek. The proposed detention pond and the increased capacity of the channel will eliminate the flooding potential of Little Dry Creek. By containing th e flood waters within the banks of Little Dry Creek, it in- creases the amount of land which can be built upon without restriction, thus increasing the deve lopment potential and land value in the area. The tota l improvements to Li ttle Dr Cr k are estimated t o be comp let ed in two years . Th design guideline s for Little Dry Creek emphasize an a sth tically pleasing open spac ar a . The proposed im- prov nts include landscapi ng along the channel , bicycl path , and a pe destrian walkwa y separating the Cr eek and the retail uses constructed adjacent to the Creek in the downtown section . Th City of Engl wood and th Urban Draina and Flood C ntrol District h v allocated a total of $4,411,954 for Littl Dry Cr ek improv ments. Of this mount, th City h d sin t din th Public Improv nt Fund a total of $3 ,7 6,954 for th p riod b tw n 1982 to 1985, and Urb n Dr ina nd Flood Control District has allocat d $ 75,000. Addition 1 unding sources are requir d to cov r th n ir c t of th project, eatimat d at 14,000,000. I • • ...... • • • - -19- The c ost of the project cannot be reduced by do i n g only a port i on of the project since the downtown must be remove d from th e 100-year flood plain, and all upstream impr oveme nt s are necessary. 2. Pedestrian Mall. A pedestrian/open space system will be des i gned along West Girard Avenue between South Broadway and South Elati Street, and along the Little Dry Creek channel between West Hampd e n Avenue and West Girard Avenue. One objective of this is to have a pe des trian link between the downtown busine ss d is- trict on South Broadwa y and Cinde rella Cit y . It also p r o- vides a v ery attrac t ive o pe n s pace cor ri d o r through the downt own and addresses the goal of the n eed fo r beaut ifica- tion . All of the n orth /south cross s t reets along the mall , e xc luding So uth Acoma Street, will remain open t o vehicular traff ic . So uth Acoma Stre et b e tw e n West Girard Av nu and Wes t Ham pd e n Ave nue wi l l b e clo sed to veh icular traffi c, but will remain open as a service road to provide a ccess to th area. A second pedestrian mall is planned bordering the Little Dry Cr ek ch nnel betw en South Acoma Stre t and South Bannock Stre t. At th inters ction of th two malls, a town squ r plaza is propos d. Two additional plaz s sr plann d along th Girard Mall providing pd strian ori nt d activiti a. Th eatimat d proj ct cot ia $6,825,000, • I • • • • • • -20- 3. Broadway Corridor Improvements. Broadway serves as an important entrance into the project, and as such, is carefully considered in the redevelo pment plans. Public improvements to the South Broadway corridor are estimated at $865,000, The proposed improvements in- clude street lighting, paving, signage, landscaping, and street furniture. A downtown theme will unify the area and provide guidelines for both public and private pro- jects. In order to create a pleasing area, landscaping will be used to act as a barrier between vehicular and pedestrian traffic. By creating a common theme with plantings , paving, signage, lighting and street f urniture, a pleasant atmosphere would be developed. 4, Skerritt Park Redevelopment. Skerritt Park provides the largest open space area in down- town Englewood. Of the three major entrances into the area, this arrival point at U.S . 285 and So uth Broadway is the most i mpressive . The combination of the landscap d inter- section with the open area creates an impression of a healthy, ttractiv downtown area. Sk rritt Park ia an important asset to Engl wood by offering a place of quiet respite from the intense commerci 1 corridors of South Broadway nd West Hampd n Av nu • Apropos d improvement to Sk rr!tt Park is th construction of a 1 k by opening up th Little Ory Cr ek chann 1. Additional improv nts includ play equip nt, b nchea, li hting, and landsc pin Th eatimat d coat of public improv uts is $1,605,000 • • I • • - • • • • -21- This figure is highly dependent upon the design of Little Dry Creek improvements. In the event the design of Little Dry Creek c an accommodate a small lake, the expense of creating the lake may be included in the Little Dry Creek project, 5. Utility Improvements and Relocation. Utility improvements and relocation are estimated at $2,170,000. Redevelopment in the area will increase the demand on the present utility system. While the capacity of the existing utility system is adequate, there must be some increase in capacity to provide for the additional demand on the water, sewer and storm sewer systems. Utilities along West Girard Avenue and Little Dry Creek will be relocated to assist in the development and main- tenan ce of the malls. The following is a breakdown of proposed i mprovement s to the utility system: Th sanitary sewer system requires the most e xtensiv !mprov iaents, estimat d $1,133,000. w wat r lin , estiaat d $481,000. w tem, ati11&t d $249,000. Gs yet m, timat d $18 ,000, R 1110val of ov rh d 1 ctrical lin • and t 1 phon lin a, • 1• t d $171,000 and $77 ,000. Th total oa of $2,170,000 is th build out o th proj ct • d to b r quir d for I • • - • • • • -22- 6. Street and Right-of-way lmprovements. Street and right-of-way improvements are estimated at $2,730,000. Due to the projected increase in traffic volume in the area, street and right-of-way improvements will be necessary. To carry the additional traffic volume, the expansion of existing street right-of-ways is required. Proposed right-of-way improvements include the widening of South Elati Street, South Cherokee Street, and South Bannock Street between U.S. 285 and West Floyd Avenue, and South Acoma Street north of West Girard Avenue to seventy feet. These right-of-ways currently range from thirty-three feet to forty-eight feet. The South Acoma right-of-way south of West Girard Avenue will be reduced to fifty feet and used as a service road. Additional im- provements to the st reet system include repaving, land- scaping, signalization modifications, restriction of park- ing, and widening to provide separate turn lanes at inter- sections. The plan also calls for th extension of Hampd n Place east to West Hampden Avenue. This improvem nt is re- quir d to provid for ast/w st ace ss through th dev lop- ment. Th out th n downtown plan and pr viou stud! s hav d for th r alignment of Floyd Avenu point d at th Bro dw y int rs ction. At the pr s nt tim, traffic moving ast on Floyd Av nu a Broadway is fore d to mak a 1 ft- hand turn at a light, and th nan imaiediat right-h nd turn a anoth r 11 ht to continu on Floyd Av nu Thia jog in th rod er ta a rioua tr ic probl • whi ch must b r olv d to support th incr as d tra ic resulting rom • I • • • • • -23- the downtown development. The cos t of this realignment is included in the overall street and right-of-way improve- ment budget item. 7. Hampden Avenue/U. S. 285 Improvements. Public improvements to U.S. 285 are minimal. The plan in- cludes street tree planting, landscaping, and removal of curb cuts. The proposed realignment of West Hampden Avenue will relocate the intersection at South Bannock Street farther north. This will improve the design at the inter- section of South Bannock Street and U.S. 285 and alle viate the congestion which currently exists. Estimated public improvements are $48,000. These improvements are propose d to extend from Broadway to South Santa Fe Drive. 8. Ped es trian Overpasses. On of th objec tives of the proj ct is t o pr ovid saf p destrian conn ecti on s throughout th area . Thi will be accomplished by thre ov rh ad walkways. To provid saf pd atrian ace ss from the south , two ov rpass s will b locat d ov r .S. 285 t South 8 nnock Str t nd South Elati Str et. Another ov rpa a will b t W st Girard Av nu nd South Bro dw y to provid aaf ace ss from th at to th Urb n Rn w 1 Ar This is sp ci lly im- port n b caus within on block of South Bro dw y, th r r two high-ris hou ing proj ct for th ld rly. Th 1ti t d co1t of the thr ov rp ss 1 18 $624, 00 . • I • • • • • -24- 9. RTD Transit Center. For several years, the City and Regional Transportation District have been discus sing the need for a transit center in downtown Englewood. At the present time, there are many buses serving the downtown area, but the buses s top in various spots, and there is no centralized location for all bus loading. Since the Englewood downtown area and Cinderella City are considered a regional activity center by the Denver Regional Council of Governments , it was logical to consider this area for a transit center. The concept of transit centers has changed over the years from somewhat elaborate physical bus depot stations to an attractive drive-through facility for bus loading and un- loading. It is proposed in the Urban Renewal Plan that the City incorporate a transit center into the design of th e building to be located on the City owned parking lot betw n So uth Acoma Street , South Banno ck Street, Wes t Girard Av nue and W st Floyd Avenue. Regardless of wh th r thi si t hous s City Hall or a private office building , th th d sign . thi b a transit cen ter should b incorporated into Th Urb n Rn wal Authority reco ndatory c mp n nt of that buildin nd th t Th cost of th facility i unknown at thi tim , but RTD do ah v fund• vail bl for this purpo in Engl wood. I • • - • • • • • • -25- C. Private Projects. The public improvements are proposed with the understanding that private development will occur simultaneously. The pri- vate development proposed is consistent with the adopted Down- town Plan for Englewood. Since the Ci ty and Urban Renewal Authority do not have control over most of the land within the Urban Renewal Area, the proposed private development de s cription shall serve as a guide for the redevelopment of the privately owned parcels of property. Redevelopment of private sites with- in the Urban Renewal Area shall be consistent with the Urban Re- newal Plan. The private development is needed to finance a large portion of the public improvements through prope rt y and s a les tax generation. The private development will i n c lude a l l t yp e s of uses. Th mixed use c on cept is cons ide r e d the basis of the success of the overall r e d e v e lopm nt. The pr ivate proj c t s are de s crib d b e low wi th th ir es t i mat e d con s truc t ion valu • Summary o f Private De ve l o pm n t . Type Gross Squar Estimat d Value* Foota Offic 52 , 00 $ 60,612,240 . Re t ail 3 , 00 $ 33 ,811 ,180. R sid ntial 49 , 00 $ 45,38 2,610 . Ho t el 200,000 $15,600 ,000. .Q!h_£ 1 s.ooo ~ l~,llll2 ,2ZQ , Total 1,7 o. 00 $171 ,4 ,000. * Includ • c nit n.ict 1 d 1 n in dn d ontin n I • • - • • • • • • -26- 1. Retail. The retail development will be concentrate d along the Gi rard Mall and the Little Dry Creek Mall area. As the illustrative plan indicates, (Map 5 ), the retail space would occupy the first floor of the mall development, and would provide the much needed link between the retail us es on South Broadway to the Cinderella City Shopping Center. The projected net leasable s quare footage of retail use s i s 231 ,200, valued at $17,338,700 . The total gross square footage of r e tail space is 346,800 s quare feet, valued at $26,008,600 . Whil e there are no new builnings to be d eveloped along South Broadwa y, th re will be an o rgani zed effort to have the existing r tail us s r habilitat e d through improved facades and signag 2. Office Development . The mark t s tudy prepare d by Browne, Bortz & Coddington for th downtown plan indic tes the strong demand for offic spac that will b created by ov rall redevelopment . Ther is curr ntly 490,645 gros squar feet of office pac in th downtown ar a. Th rd v lopm nt will incr aa by 398,400 squar f t of n t 1 a abl offic pc. Two offic tow rs sr propo d for th Addition 1 offic third 1 v la o th prop rty outh of th Cir rd Hall. ). !!2!..l· pc will b lo t don th I cond buildin s along th Hall. Ah t 1/ nv ntion c nt r a ility J prop d nd int ral I • • In - 0 • f/ I u o II i.'.:J 0 ~o~ • • • ~c ( J .. 0 0 • -26a- MAP 5 . ' Plan I l lustrutl\ c -- -~.00 ...... I . • - • • • • • • -27- part of the redevelopment of the Urban Renewal Area. Ac- cording to the marketing report for the downtown plan, a hotel complex could serve the southwest metro area of Denver. The most desirable site for such a facility is directly north of Skerritt Park. This site is the major entrance in- to the project area and a large structure on this site is highly desirable from a market perspective. The improvements to Little Dry Creek and Skerritt Park will complement the hotel complex, which would consist of 250 rooms with a net leasable square footage of 133,000 square feet. The construc- tion value of this development would be $12,000,000. 4. Residential. A basis of the mixed use concept is that various land uses complement one another. Re sidential development plays a great role i f this relationship is to be successful. The proposed private development includes a total of 498,800 gross square feet of such use representing approximately 400 living units . The mall areas would inc lude a portion of the residential units on the upper floor of the retail dev lop- nt, Thes would be loc ted adj cent to the Girard Mall and Littl Dry Creek. Ther will also be high-ris condo- minium towers on the block north of the Girard Mall at South Ch rok Str t, as w 11 as outh of the Girard Mall at South Acoma Str t. While r id ntial developm nt in down - town a tting is a new cone pt in th D nv r regional ar a, it 1 bing tat din downtown D nv rand a m to b a auc- c 11ful v ntur . Th raid ntial condominium tow r a are not I • • - • • • • • -28- proposed for phase one in an effort to test the market with the residential development along the Mall. The construction value of the residential development is es- timated at $34,909,700. 5. Other. This category of development includes restaurants, lounges and other entertainment facilities that would be incorporated into the Urban Renewal Area. There is a noticeable lack of quality restaurants in the downtown . A total of 165,000 gross square feet of "other uses" have been included in the plan representing $12,376,900 in construction value. 6. Parking. In order for the entire redevelopment project to be con- structed and function as a workable development, adequate parking is required. Tite possibility of creating a parking district is being considered. For purposes of this report, the total number of spaces and estimate of cost is presented with the assumption that the costs will be both a public nd privater sponsibility. A total of 1,953,000 square f et of structured parking is included in the Downtown Plan and th Urban Renewal Ar a, repr senting 6,510 spac sat a cost of $38,000,000. Titis includ s th construction of n w parking a well as the r - building of existing spaces. Parking will b provided on I • • In - • • • • -29- level below grade in most locations in the downtown area. Parking will be supplied based on the following require- ment•, or as required by the Comprehensive Zoning Ordinance: Use Space Requirements Retail 4 cars/1,000 sq. ft. Office 2 cars/1,000 sq. ft. Hotel 2 cars/1,000 sq. ft. Residential 2 cars/unit Other 4 cars/1,000 sq. ft. gross net net gross I • • - • • • • • -30- D. Site Planning. The Urban Renewal Plan conforms to the guidelines established in the Downtown Plan and the Englewood Comprehensive Plan. It has gone a step further by designating specific types of develop- ment which are most appropriate on specific sites. It is recog- nized that a certain amount of flexibility is required in order for private development to occur, Since the City will not control all of the property in the project area, the actual building de- sign and siting may vary from the designated plan. Targeted areas for development have been divided into four de- velopment phases. The beginning of each phase has been scheduled at two year intervals, extending over an eight year time frame. The attached chart outlines the estimated construction value and date of completion for each phase. The following site s pecific description of each phase is to be used for illustrative purposes nd to show th development potential in the area. Design guid - lines have b en established to direct th dev lopment in th Urban Rn wal Area. The attach d map id ntifies the major de- v lopaent pare la, (Hap 6). Ph e I. Th first pha of d v lop nt inelud a Pare ls 0, F nd H. A privat d v lop r eurr ntl holds n ption on th prop rty in Pare 1 D and ia int reat din d v lopin th aita in e- cord nc with th r\> l Pl n. Th dev lop r propo a to build a thr -ator atru h the north d aouth ld o th .. 11, a hi h-ri 0 d a parkin I • • • • • -30a - MAP 6 PRIVATE DEVELOPMENT PARCELS I . • L E OlNO ·---GIIIAIID ~ HAlll,OCN IICALIINllll(NTa • • - • • • • -31- structure south of the mall. In compliance with the de s ign guidelines for the pedestrian mall, a mixed use development is planned with retail space on the mall level and offi ce or residential uses on the upper levels. A high-rise office tower is planned which will be located beyond the minimum setback distance required by zoning law. To provide off- stree t parking for the redevelopment area, a parking structure will be located on the periphery of the parcel. Development of the first phase also includes Parcel H. The prope rty is at a prime loc ation, since it is situated at the entrance to downtown Englewood and is adjacent to Skerr i tt Park. A hotel-convention center is proposed for this site . It i s necessary for Englewood to attract a strong activity- gene rat i ng entity s uch a s a hotel-convention center to cre at e an economi c ally v i abl downtown area. Th d v lopmen t of Parcel F wi ll o ccur a s a result of t h im - prov nta to Littl Ory Cre k. I t ia ant ici pa t e d that the City or Urb n ~ n wal Authority will gain control of this prop rty for th purpo of d veloping th floo d control im- prov ment • re will b portions of existing pare la th t will not b r quir d for th Little Ory Cr ek project, and will , th r or , b av ilabl for privat r de v e l o pm n t. This will nt aa will occur alon g Girard K 11 , includ similar develop 1 •• , thr -tory atyl building with r tail , offic and r ai- ur buildin a p ropo d within Block tot lo 10 ,200 groaa aquar f t. Th d ntJal u •• P, r pre ntln • , I • • • • • • • -32- uses are preliminary and are subject to market demand, but the estimate is for 13,800 square feet of retail, 71,500 square feet of residential, and 23,900 square feet of other. The existing land use in Phase I includes 12,700 square feet of office space and 68,890 square feet of retail space. The proposed development wi ll increase the amount of r etail space to 32,500 square feet, and the amount of office space to 208,900 square feet. The total development including all types will be 566,500 square feet. In addition to the pri- vate improvemen t s , the major public improvement to be con- s tructed in Phase I is Little Dry Creek flood control. The construction of these improvements will occur simultaneou sly with private development. Phase II. The s cond phas of d velopment is contained in Pare l E. Th proposal is to develop Phas II in a mirror image of Phas I across South Cherok e Str et to the east. This would include mix du d v lopm nt along th mall, an of- fie tow r, and atru tured p rking on th p riph ry of th d v lop nt. With thi phas compl t d, th developm nt lon th mall will b ov r half compl t d • Exiatin 1 nd us within th parcel consists of 5,3 0 aquar f to rt il •Pc , 2),850 aquar f t of offic IP c , and 2, 50 quare t of r 1id ntial 1pace. Th rd v lop n will incr a th to al aqu r foots by 171, 00 1quar • I • • - • • • • • -33- feet. The public improvements to be financed during the phase include the major utility relocations, the first phases of the Girard Mall, and improvements to South Broadway. Phase III. Phase Ill contains the Parcels Band G. Parcel Bis cur r ently a parking lot owned by the City of Englewood and leased to a shopping area owner for short-term parking. The proposed de- velopment on this parcel includes an RTD Transit Center, a parking structure , and an office tower. The transit center would provide an important amenity to the downtown area since it will be centrally located, and would encourage shoppers and employees in the area to utilize the transit system. The transit center would provide a central connecting, loading and unloading point for the various buses which serve the area. Adjacent to the transit center, a parking structur would be planned which could provide a Park and Ri d service fo r RTD passengers along with off-street parking for the area. 'nle office tower on the sit would f ce a major plaza along th mall. Th third phase of d velopaient allO includ 1 a re1id ntial tow r on Pare l G. Thil tow r will .. t th ainiau• I tb k a1 r quir d by zonin l "'· Exi1tin l nd UI in Phi lll con i1t1 o 5, t 0 r tatl IP C • Th br into typ of d v lop nt pro- • I • • - • • • • -34- posed is 34,400 square feet of retail space, 170,200 square feet of office space, and 109,400 square feet of residential space. The public improvements proposed within the phase include the required street and right-of-way improvements and the remainder of the mall. Phase IV. Phase IV of the development proposal occurs on Parcels A and C. Existing land use in Parcel A is the King Sooper shopping complex, which i s part of Cinderella City. The proposed realignment of West Girard Avenue will create a narrow strip of developable land between King Soopers and the mall. Development o f the s trip of land will actually occur i n Phas e I and wi ll b cons i s tent with the development u id lin a fo r t h mall . Add it i onal r e deve lopment o f Parcel A includ a a resid ntial t r tback th r e qu i red d ist a nc off of the mall , and a parkin st ructure on the pe r i ph r y . Additional r novation o th ur d. xiating structures will c rtainly Exhtin land u ln Pre l C includ a t h Engl wood City Hall nd par ina lot. Du tot r alt naen t of W a t Girard Av nu , th par tna lot fort rl ht-o ay or th or Cly H 11 vill n City H 11 v ill b conver t ed int o th n mall. There or , o t h r parkin d t d V lo d. I • • - • • • • • -35- Existing land use in Phase IV contains 83,300 square feet of retail space. The proposed development will increase the land use by 688,600 square feet. This last phase will in- clude the Hampden/U.S. 285 improvements and miscellaneous open space improvements, such as to Skerritt Park • .-~---------lllliiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii.iiiiiiiiiiiiiiiiiiaiiiiii.---·~--~~-• I • • - Phase I : (Blocks 0, F & H) Total: Phase II : (Block E) Total: Phase Ill : (Blocks B & G) Total : Phase IV. (Blocks A & C) To tal Tot al , Type Retail Office Residential Other Hotel(250 rooms) Retail Office Residential Other Retail Office Residential Retail Office Reaid ntial Other Retail Office Ruid ntial Other Hot l (250 rooms) • • • URBAN RENEWAL PLAN PHASING 1984 Construction Comelete Gross Square Gross Net Leasable Footage Construction Square Foot- Value age 32,500 $ 2,436,400. 21,600 208,900 $18,383,200. 157,100 71,500 $ 5,002,200 . 47,600 53,600 $ 4,021,900. 35,800 200,000 $12,000,000 . 133,000 566,500 $41,843,700 . 395,100 1985 Construction Comelete 55,900 i 4,192,500 . 37,300 69,200 6,089,600 . 52,000 28,000 l 1,960,000. 18,700 18,200 1,365,000 . ~ 171,300 $13,607,100 . 120,100 1987 Construction Co!!!elete 34,400 i 2,579,700. 22,900 170,200 14,980,000 . 128,000 109,400 $ 7,654,500 . 72,900 314,000 $25,214,200 223,800 1989 Constructiou Comelete 224,000 f6,800,000 . 149,400 81,500 7,172,000 . 61,300 289,900 $20,293,000. 193,300 93,200 $ 6 1 990 ,t:>OO. 62,200 688,600 $51,255,000 . 466,200 TOTAL ALL PHASES 346,800 s 26,008,600 . 231,200 529,800 1 46,624,800 . 398,400 498,800 34,909,700 . 332,500 165,000 ; 12,376,900 . 110,100 200,000 12,000,000 . 133,000 1,740 ,400 $131,920,000 . 1,205,200 01. 39,576,000 . $171 ,496,000 *R t a il an d "Oth•r" unt includ d tor 1ala1 tax a n ra ion calculation . 30't -35a- Leasable Construction Value* $ 1,622,300 . $ 2,681,300. $ 4,303,600. $ 2,795,300. $ 907,500. $ 3,702,800. $ 1,719,800. $ 1,719,800 . $11,201,100 . $ 4,661,300 . $15,862,600 . $17,3 38,700 . $ 8,250,100 . $25,588,800 . 7,676,640 . $33,265,440 I • • - • • • • -36- E. Transportation Planning. Modifications to the existing street system are necessary to accommodate the additional 20,000 trips which will be generated in the downtown area. The following modifications are proposed to handle the increase in traffic volume: The closing of West Girard Avenue between South Broadway and South Elati Street to vehicular traffic and converting the right-of-way to a pedestrian mall. This eliminates an east/west internal circulation route and increases the traffic volume on West Floyd Avenu and West Hampden Avenue. The We st Floyd Avenue/Sout h Broadway int e rsection is the sixth most dangerous intersection in Eng lewood, and realignm nt of this int r ction is ne cessary to acco1111110date the increased traffic flow. This au t occur during th r developaent proce s if prop r aat/w t ace aa is to occur. Pria ry ac •• to th proj ct area is on South Ch r ok Str et, South Elati Str t and W st H mpd n Av nu • A proj ct d tr ffic incr s will run ,200 -4, 00 v hicl •pr day. To ccoanodat th dditi n l traffic on We t H mpd n Av u , realign nt nd xt •• ry. Curr ntly, w t H d n Av nu do a not run continu u ly thr ugh th ar Th pl ia to xtend Wat H d n d C nn with Pl c at South Ch rolt tr t. 11 th Wat H pd n Av nu uth 8 nn ti rt r n rth, d rrovid ad• dlti nal int l c:iJ" ula to vithJ t at' a . • I • • • • • • -J7- The closure of South Acoma Street between West Girard Avenue and West Hampden Avenue is planned since the existing traffic flow is minimal. It will remain open as a service road for the businesses located on either side of South Acoma Street and for buses traveling to the transit center. Conversion of South Bannock Street from a one-way to a two-way street is proposed, and thus provide another entrance to the project area and an added internal circulation route. Regional north/south access to the Urban Renewal Area is pro- vided on South Santa Fe Drive. Planned improvements to the Santa Fe corridor will decrease the traffic volUllle on South Broadway. The proposed light rail system along South Santa Fe Drive will also reduc vehicular traffic. East/west access to th ar a is pr sently provided by U.S. 285, but it is anticipated that th propoeed C-470 in th eouthw at metro area will relieve some of th traffic pressures on U.S. 285. • I . • • • • -38- VI. IMPLEMENTATION. A. Land Acquisition. The Englewood Urban Renewal Authority and the City of Englewood are not proposing a traditional urban renewal approach to this project. To the greatest extent possible, both bodies encourage the private sector to purchase the properties that are required for the implementation of this plan. There are occasions when the City and Urban Renewal Authority will be required to purchase privately owned property. The most apparent example involves the improvement of the Little Dry Creek c hannel. In order to develop the channe l in a manner that will allow the 100-year storm waters to remain within the banks of the channel, it will be necessary to acquire property along the existing channel. A wider channel is required throughout the Urban Renewal Area. If the property owners are unwilling to sell their property for the established fa i r marke t value, the City and Urban Renewal Authority would hav e to exercise th right o f eminent domain and condemn the p r o p rty in o rde r to i n s ure the publi c h e alth, safe ty and wel- fare. This proc dure will only be used as a l ast resort whe n n otiationa with th property owner will not resolve th sale of th prop rty. Th prop rties to b acquired for Littl Dry Cr iaprov menta will b formally d aignated and id ntified by th City Council d th Urban Rn wal Authority. Both th City Council d l Authority will atate that th prop rtt • ar r quir d to t th obj ctiv • and proviaiona of thia dpt d Urb n n wal Plan . • I • • - • • • • -39- Acquisition of property will also be necessary in order to develop the required widths of various public streets in the Urban Renewal Area as well as the Girard Avenue Hall. The western portion of Girard Avenue will be realigned to provide a continuous straight mall. Any other acquisition by the Englewood Urban Renewal Authority or the City of Englewood shall be consistent with the Urban Re- newal Plan. No property shall be acquired by eminent domain without the approval of the Englewood City Council acting by resolution. • I • • - • • • • • -40- B. Land Disposition. Except for land disposed of to the City of Englewood for develo p- ment of public improvements or facilities, the Englewood Urban Renewal Authority shall, in all agreements, deeds, leases, and other instruments from or between the Englewood Urban Renewal Authority and to or with a developer, impose covenants running with the land for a period of thirty years from the date of the Deed. These covenants shall require purchasers of land in the Urban Renewal Area to : 1. Agree to develop and use the property in accordance with the provis ions of the Urban Renewal Plan. 2. Agree to begin and complete the improvements within a period of time dete rmined by the Englewood Urban Renewal Autho r i t y t o be reasonable; and 3. Agree to not discr iminate u pon the basis o f rac e, co lor , er d, sex or national origin i n t he sale , lease , r ental, u s or occup ncy of th property, or of any improvem nta r cted or to be er cted ther on, or any part th r of • • I • • - • • • • -41- C. Development Guidelines. In order for development to occur in accordance with the adopted Urban Renewal Plan, guidelines for development must be prepared. A document containing such guidelines will be prepared and pre- sented to the various developers for their use in the design of buildings. The guidelines will include the quality elements of construction such as building materials and design. The quantity elements, such as height and bulk, will be controlled through the downtown zone district regulations. The development guidelines will be presented to the City Council and Englewood Downtown De- velopment Authority for approval, but it is understood that the document will contain general guidelines and it is anticipated that actual development may vary from these guidelines from time to time. It is proposed that a design review team be created to enforce the development guidelines. This teaa would consist of repre- sentatives from Englewood Downtown Development Authority, the Urban Renewal Authority, the City, and a paid architect who would aasiat in thia review. Th guideline• for public improv menta have b n g n rally d - find in th adopt d "Downtown Plan", and further definition will o cur wh n the City contract• for deaign aervicea. • I • • - • • • • • -42- D. Downtown Zone District. One of the primary ways to control land use is through zoning. The land use arrangement in the Urban Renewal Plan will be par- tially controlled through the creation of a Downtown Development District, a new zoning classification within the Englewood Zoning Ordinance. There are several reasons that this is needed, but the primary one is that the City's current ordinance does not permit the type of mixed use development which is contemplated in the Urban Renewal Plan. For insta~e, residential uses are not presently a permitted use within the B-1 Zoning District which encompasses the Central Business District of Englewood. The pro- posed aone district will be more lenient regarding mixed uses, but will be .ore restrictive in terms of other factors. There are certain permitted uses within the existing B-1 uses which would not be appropriate in the redeveloped downtown area. The height of buildings will be controlled based on their prox- imity to the mall. The intent of the Plan is to maintain a low scale style of dev lopm nt along th mall, i.e., three story or less, with the high-ri1e structures st back from the mall in accordance with zon1n11 w • • I • • n ~ l- • • • • -43- E, Agreements between Developer, Urban Renewal Authority, and City. A final mechanism to implement the Urban Renewal Plan involves agreements between developers and the City or Urban Renewal Authority, which will establish the responsibilities of each party. These agreements will specifically outline the financial commitments of the parties, and the timetable for construction of the public and private improvements. This agreement is the basis for the Urban Renewal Authority to initiate the sale of tax increment bonds for the financing of the public improvements. The City and the Urban Renewal Authority recognize that a c oopera- tive effort between the entities is required in order to carry out the plan. To further this effort, the City agrees to pro- vide the necessary staff to the Urban Renewal Authority to assist the Authority with its operation. When consultants , such as architects and engineers, are required for th design of a public improvement , the City agrees to pro- vide such services. Th City will fu rther assume the responsibil ity of admini terlng the d sign and engineering contracts for the public improv ments. The Urban R newal Authority, City, and EDDA will jointly r view th d sign work throughout th project. The City agr ea to provide customary City inspection services during th con struction of the proj eta. Th Urban n wal Authority'• primary r aponaibility will b to coordinate the fin ncing arr ng nt for th sp cific public ill- prov nta. Th City agr ea to provid accountin aervic • and .---------iiiiiiiiiiiiiiiiiiiiiii--------~---"-• I • • - • • • • -44- such other services that are required to successfully administer the Urban Renewal program. The Urban Renewal Authority agrees to reimburse the City for the cost of certain administrative ex- penses as approved by the Authority, I • • n - • • • • • -45- F. Commercial Rehabilitation. There is a definite need for the rehabilitation of existing buildings within the area. While there have been isolated cases of improvement to the facades of buildings along South Broadway, there has been no coordinated effort to improve the appearance of the buildings thus far. The Urban Renewal Authority strongly recoaaends that the City develop and endorse a rehabilitation progr8111 which would in- volve lower interest loans for the renovation of existing build- ings, with a defined time period for compliance with an overall rehabilitation strategy and plan for the downtown. The guidelines for rehabilitation and the mechanism for the review of the pro- posed designs will be detailed in a separate report • • I • • - • • • • -46- G. Public/Private Management Entity. Unlike a shopping center, downtowns are typically fragmented with no single management focus. To compete successfully, it is important that a permanent management structure be created. Such a management entity could be responsible for a wide range of activities, including: 1) Public space maintenance, security and operations. 2) Public space programming and use approval. 3) Marketing and promotion of downtown. 4) Tenant leasing and mix. 5) Technical assistance to businesses. 6) Design management for development, signage, facades, etc. The objective is to creat a perman nt, c ntralized management ntity to coordinate design, maintenance, tenant mix, marketing efforts consist nt with th mark t position which th downtown is att mpting to achiev Also, th p cific for111 that manag - ment entity should take h snot b n propos d y t, and will b d tail din a a parat r port. It ia important th ta man g nt atru ctur b agr d to as a part of any dev lop nt agr ment. I • • I r::a ,., - H. • • • • -47- Relocation Plan. As previously mentioned, it is not the intent of the City or Urban Renewal Authority to displace businesses through the redevelopment process. It is recognized that existing businesses are an important component of our downtown environment, which needs to be integrated into any plans for change in Englewood. There may be times when certain properties are required to fulfill the red evelopment plans and strengthen the downtown for the future. In these cases, the City and Urban Renewal Authority will offer relocation assistance to businesses and tenants in an effort to minimize the impact of these public decisions. The following benefits will be available to the commercial and resi- dential tenants if relocation is required. 1. Commercial Us es Displaced~ Acquisition. The business owner di splaced as a res ult of a c quisitio n of real property by the Ur ban Renewal Authority or th e City in carrying out this Plan shall be eligible for the following relocation benefits: a. The Authority h 11 give a 120-day notice to any busin ss owner who will b displaced. b. Oispl c d busin ss owner shall rec ive the actual cost es- tabli h d by comp titiv bid, associated with packing, e r ting, boxing, moving and tran porting 11 movabl busi- n 11 prop rty, for distanc of no mor than 50 miles • • I • • - • • • • • -48- c. Displaced business owner shall receive the actual cost for personal property made obsolete by displacement, such as stationery, business forms, signs, etc. d. Displaced business owner shall receive the cost of insurance of property (inventory) for moving. e. The benefits listed in items b, c, and d may total a maximum of $10,000 , unless a larger amount is specifically approved by the Urban Renewal Authority due to special circumstances . f. Property owner shall not be eligible for the benefits listed above for displaced business owner unless the property owner also operates a business at the same location. g. The Authority shall not be responsible for loss of busines s and good will, or personal injur y o r legal fees. 2 . Residential ~ Displaced~ Acquisition. The property own r or tenant displaced as result of acquisition of real prop rty by the Urban Rn wal Authority or City inc rrying out this Plan, shall be eligibl for relocation ben fits according to the applicabl category, a follows: a. R nt r occupi d resid ntial unit t nants are ligibl for the following: • I • • - • • • • • -49- 1) The Authori t y s hall give a 90-day no tice to any tenant who will be displaced. 2) Displaced tenants shall be eligible for the cost of packing, crating, and moving personal property for a maximum distance of 50 miles to a replacement dwell i ng unit. The cost will be established by competitive bidding. 3) Dis placed tenants shall be eligible for the cost of in- s urance of personal property for moving. 4) Displaced tenants shall be eligible for an amount equal to the rent paid by tenant for past year in current unit. If tenant resided in unit for less than one year, tenant is eligible only for payment equal to rent paid during occupancy. TI!is amount is necessary to lease a comparable dwelling within 50 mi les. 5) TIie benefits listed in 2 , 3, and 4 may total a maximum of $2,500 unless a larger amount is specifically approv d by the Urban Renewal Authority due to sp cial circumstanc s. 6) If the ten nt is eligibl bas don i n come or handicapp d, thy will be given priority consid ration for eligibility in EHA housing proj eta • • I • • - • • • • -so- b. Owner/occupant of residential units is eligible for the following: 1) The Authority shall give a 120-day notice to any owner/ occupant who will be displaced. 2) Displaced owner/occupant shall receive the cost of packing, crating and moving personal property for a maximum distance of SO miles to a replacement dwelling unit. The cost will be established by competitive bidding. 3) Displaced owner/occupant shall receive the cost of in- surance of personal property for moving. 4) Displaced owner/occupant shall receive the amount, if any, which, when added to the acquisition cost of the dwelling acquired equals the reasonable cost of a comparable replacement dwelling which is a decent, s afe and sanitary dwelling adequate to acco111111odate such displaced person. 5) Th benefits listed in it ms 2, 3, and 4 may total a maximum of $S ,OOO. 6) If th property owner is liglble based on income and handicap, and desire tor nt a hou sing unit, they will b giv n priority consid ration for ligibility in an EHA housin proj ct • • I • • - • • • • • -51- 3. General Provisions. a. All claims and documentation must be submitted to the Englewood Urban Renewal Authority within six (6) months following the date the costs are incurred. • • I • • - I. • • • • • -52- Financi ng . 1. Financing Overv i ew. The Englewood Urban Renewal Authority is authorized to finance the proposed public improvements by those methods available to the Authority within the Urban Renewal laws of the State of Colorado. This section of the Urban Renewal Plan sets forth estimates of the proposed redevelopment and the feasibility of financing the needed public improvements. The financing paramete r s demonstrated including interest rates and maturities are not to be interpreted as representation of any obligation of the Author i t y and do not represent a guarantee by the Authority. The financing s tructure utilized by the Author i ty for cons truc ting necessary public improvements may include revenues from any one or c ombinati on of the following revenue sources : a. Prope rty t a x i n c remen t financing. b . Sales tax increment fin an cin g . c . Intergovernmental cooperation with the City of Englewood. d. Investment of funds in property or securities in which public bodi s may legally invest • e. Adv nce s , lo ns, grants and c ontribution s from t he federal go v mm nt • • I • • I n • • • • f. Sale or lease of property as specified in the Urban Re- newal Plan. -53- It is contemplated by the Authority that revenues from all of the above mentioned sources will be made available for repay- ment of municipal bonds or other obligations that will be issued to finance the public improvements. In consideration of the revenue sources, the Authority has proposed a four-phase re- development schedule as outlined in Table I of this section that encompasses in excess of $171,000,000 of private develop- ment. The private development includes 498,000 square feet of residential area, 346,000 square feet of retail space, 529,000 square feet of office space, a 250 room hotel complex and 165,000 square feet of supplemental retail space. The accompanying public improvements contemplate an expenditure of $25,000,000 to be constructed in two phases: 1) Improvements to the flood control capabilities of the area (Little Dry Creek), estimated to be $10,000,000, This pro- ject is paramount to the redevelopment plan in that th re- duction of the 100-year flood plain must occur prior to the issuance of any building per111it. The design ph se of th Littl Dry Creek proj ct was initiated in 1982. It is es- timated that the design phase will be completed by January 1983. One th flood plain project is initi t d, private developm nt may occur concurrently with its construction; 2) Public improv ments are to be con truct d which will compli- nt th private actor r development and n w construction • I • • - • • • • -54- that will incorporate additional utilities, roadways, over- passes, and a pedestrian mall for shopper convenience. The estimated project cost for these supplemental public improve- ments is $15,000,000 for Phase II of the public sector con- tribution. 2. Revenue Summary. a. Property Tax Increment. Following the effective date of the Urban Renewal Plan adoption, the property taxes generated from the redevelopment area, in excess of those ad valorem revenues received by all taxing ent i ties currently assessing a mill levy within the redevelopment area, shall be deposited in a special fund and pledged for the repayment of any obligations of the Authority. This increment shall be segregated f rom other property tax revenues for a period not to e x c eed twenty-f i ve years following the adoption of the Plan . Upon retirement of any ob l igations of the Auth- o rity , those monies g nerated from ad valorem tax collec - t ions s hall be r eallocat e d t o the ap propriate public bodies (school dist r ict , city, coun ty , tc.) The t a x i n c r e mt0nt c aua d by th red v lopment shall repr sent an irrevocabl pledge of th Authority tor pay principal , i n t r st , p r e- mium , or o t her exp ns s of issu i n g bonds or other obliga- tion of th Autho r ity for t h e financ ing of pub lic i mpr ov - nts. (R fer t o Table I fo r au..ary of tax i nc r ment pro- j ctiona.) • I • • • • • -55- b. Sales Tax Increment. Following the effective date of the Urban Renewal Plan, the sales tax revenues collected with- in the redevelopment area for the 12-month period preceding the effective date shall be frozen and distributed in the same amount to the City of Englewood on an annual basis. Sales tax revenue i n excess of the base amount shall be deposited in a special fund of the Authority and may be irrevocably pledged for the payment of principal, interest, premiums, and expenses of issuing bonds or other obligations of the Authority. It is anticipated that the City of Englewood will determine on an annual basis that those sales tax revenues collected within the Cinderella City shopping complex shall not be pledged to the sales tax increment special fund as created by the Urban Renewal Authority (see Section 31-25-107 (9) (a) (II) of Colorado State Statutes). c. Intergovernmental Coop ration ~!!!._City of En lewood. The City of Englewood has co itted resourc sand funds to assur th compl tion of th Urban n wal Plan. 0v r th n xt two y are, th City will set aside in segr g ted fund approximat ly $4 ,000,000 t tis d dicated to providing publi c improv nts for th r dev lopment. In addition, th City has conaitt d to utilize availabl us tax r v nues collect don a city-wid basis which ar d diet d to capital iaprov nts in accord nee with th City Charter. It is th int nt of th City to assist in ny w y po sibl to inaur that th rd v lop nt occur,. I • • -• • • -56- d. Hotel Room Tax. The City is c ontemplating the assessmen t and collection of a hotel room tax within the city boundaries . This tax, in the opinion of bond c ounsel, may be ple dg e d as a sales tax increment within the redevelopment area and utilized to further secure the bonds of the Authority. Th e hotel tax is proposed to be a 5% tax on the room charge r a t e . e. ~ of Property. The City of Englewood maintains owner- ship of two parcels of land valued at $1,900,000 and $1,684,00 0. The c ity contemplates selling the land at a minimal c ost to the Authorit y, or donating the land to the Authority. The Au t h- ori ty may the n s ell the property at a market value a c ceptable to pr i vate develope rs. The sale of the land will assis t i n redu cing the co s t of the public i mprovement s or to provide a dd i t i onal reve nue for debt service. f. ~ Dr ainage and Flood Control Di s tric t. Th is di s tri c t collects an a d valorem tax l evy and then r e d istributes t h e r v nu back to the areas tha t have been assessed for purposes of flood and drain ge control . The revenues distributed to th City of Engl ood re to be dedicated to th Little Ory Cr k proj ct as d mon trat din Tabl III. T ble III of this s ction illu trat • th combin d r v nu n rat d from all aourc a, exclu iv of int rat arninga. Tabl IV illu tratea a proj ct d financing pl n that d mon- atratea th p-roj ct, Th inancial f aaibility of thia urban d v lop nt inancing plan haa b n d v lop d by Hanif n, I • • . -n - • • • • Imhoff, Inc. in coordination with the City of Englewood, the Urban Renewal Authority, and the Englewood Downtown Development Authority. -57- I • • -• • • -58- TABLE I ENGLEWOOD URBAN RENEWAL AUTHORITY Building Type Retail (New Const.) Office (Cinderella City) Office Residential Other Hotel (250 Rms.) PHASE I SUMMARY (1984 Completion) Square Footage (Leasable) 21, 600(1) -0-(1) 157,100 47,600 35, 800( L) 5,250(L) 267,350 Construction Value $ 2 ,436,400 16,067,000 18,383,200 5,002,200 4,021,900 12,000,000 $57,910,700 MILL LEVY REVENUE PR0DUCTION(2) Building Type Retail (New Const.) Retail (Cinderella City) Office Residential Other Hotel Const. Value $ 2,436,400 16,067,000 18,383,200 5,002,200 4,021,900 12,000,000 $57,910,700 Ratio of A. V. to Const. .25 .25 .25 .25 .25 .25 Assessed Valuation $ 609,100 4,016,750 4,595,800 1,250,550 1,005,475 3,000,000 $14,477,675 SALES TAX REVENUE PRODUCTION Square Gross Rev-Gross 3'% City Building Type Footage enue/ S9. Ft. Collections Sales Tax Retail (New Const.) 21,600 $125 $2,700,000 $ 81,000 Other 35,800 125 4,475,000 134,250 Hotel 5,250 125 656,250 19,688 62,650 $7,831,250 $234,938 • Rev. @ 76 Mills $ 46,292 305,273 349,281 95,042 76,416 228,000 $1,100,304 Revenue Available for Debt/ 3 $ 79,704 132,102 19,373 $231,179 I . . I • • • -59- ~ Rooms Hotel 250 NOTES: Page Two ROOM TAX REVENUE PRODUCTION Avg. Cost Per Room $50 Inc. at 75% Occup . $3,375,000 TOTAL REVENUE AVAILABLE Mill Levy Income Sales Tax Increment Hotel Room Tax Room Tax $168,750 $1,100,304 231 , 1 79 168,750 $1.500,233 Available for Debt $168,750 (1) Cinderella City improvements will not provide additional retail square footage for the Urban Renewal Authority. New sales tax revenues will be deposited in the City of Englewood General Fund . (2) Tile mill levy revenues shall be assumed collectable in the 1985 collection year. (3) Net revenue available for debt from sales tax collection is less 1.6% vendor's fees. • I • • - • • • • ENGLEWOOD URBAN RENEWAL AUTHORITY PHASE II SUMMARY (1985 Completion) -60- Building Type Retail Square Footage (Leasable) 37,270(L) 52,000 18,650 12, lOO(L) Construction Value $ 4,192,500 6,089,600 1,960,000 1,365,000 Office Residential Other $120,020 $13,607,100 MILL LEVY REVENUE PRODUCTION(l ) Ratio of Building A. v. Assessed Type Const. Value to Const. Valuation Retail $ 4,192,500 .20 $ 838,500 Office 6,089,600 .20 1,217,920 Residential 1,960,000 .20 392,000 Other Building Type Retail Other NOTES: 1,365,000 .20 273,000 $13,607,100 $2,673,020 SALES TAX REVENUE PRODUCTION Gross Revenue Gross Sg. Ftg. /Sg . Ft. Collection 37,270 $135 $5,031,450 12,100 135 1,633,500 49,370 $6,664,950 TOTAL REVENUE AVAiu\BLE Mill Levy Income Sales Tax Increment 3% City Sales Tax $150,944 49,005 $199,949 $206,828 196,750 $403,578 Rev. @ 76 Mills $ 63,726 92,562 29,792 20,748 $206,828 Revenue Avail./ 2 for Debt $148,529 48,221 $196 ,750 (1) The mill l vy revenues sh 11 be assum d coll ct hle l~ the 1986 tax collection year. (2) Net r v nu av 11 ble ford bt from al a ax coll ction is leas 1.6% v ndor'a f es • • I . • ~- • • • - ENGLEWOOD URBAN RENEWAL AUTHORITY PHASE III SUMMARY (1987 Completion) -61- Building Type Retail Square Footage (Leasable) Construction Value Office Residential 22,900(1) 128,000 72,900 223,800 $ 1,719,800 14,980,000 7,654,500 $24,354,300 Building Type MILL LEVY REVENUE PRODUCTION(l ) Const. Value Ratio of A. V. to Const. Assessed Valuation Retail $ 1,719,800 . 18 .18 • 1 8 $ 309,564 2,696,400 1,377,810 $4,383,774 Office 14,980,000 Residential 7,654,500 $24,354,300 SALES TAX REVENUE PRODUCTION Building Type Retail NOTES : Gross Revenue Gross Sg. Ftg. /Sg. Ft . Collection 22,900 $150 $3,435,000 TOTAL REVENUE AVAILABLE Mi 11 Levy In com Sale s T x lncrem nt 3% City Sales Tax $103,050 $332,767 101,401 $434,168 Rev. @ 76 Mills $ 23,527 204,526 104,714 $332,767 Revenue* Avail./2 for Debt $101,401 (1) Th mill levy revenue hall b assumed collectable in the 1988 t x coll ction ye r. (2) Net r venu vail ble for debt from sal s t x collection is l 1.61 vendor's fe a • I . • - • • • • • ENGLEWOOD URBAN RENEWAL AUTHORITY PHASE IV SUMMARY (1989 Completion) -62- Building Type Retail Square Footage (Leasable) Construction Value Office Residential Other 149,350(L) 61,300 193,250 62, 150(L) 466,o5o $16,800,000 7,172,000 20,293,000 6,990,000 $51,255,100 Building Type MILL LEVY REVENUE PRODUCTION(l) Const. Value Ratio of A. V. to Const. Assessed Valuation Retail $16,800,000 • 15 $2,520,000 1,075,800 3,043,950 1,048,500 Office 7,172,000 Residential 20,293,000 Other 6,990,000 $51,255,000 • 1 5 • 15 • 15 $7,688,250 SALES TAX REVENUE PRODUCTION Building Type Retail Other NOTES: Gross 3% Ciy Revenue Gross Sales S9.. Ftg. / S9.. Ft. Collection Tax 149,350 $170 $25,389,500 $ 761,685 62,150 170 10,565,500 316,965 21 l, 500 $35,955,000 $1,078,650 TOTAL REVENUE AVAILABLE Mill Levy Income Sales Tax Increment $ 584,307 1,061,392 $1,645,699 $ Rev. @ 76 Mills $191,520 81, 761 231,340 79,686 $584,307 Revenu Avail. /2 for Debt 749,498 311,894 $1,061,392 (1) Th mill levy revenues shall b the 1988 tax coll ction y r. ssumed collectable in (2) N t revenue v 11 ble ford bt from s ls t x collection is less 1.6% v ndor's f s. • I . • • I Tl\lllE II EH..1&000 LIUIAN ~ AUI!OlllY lncr....,t Revenue Productloo 51-ry l'IV\SE I lJEVE11)ft1mf PIW,E 11 IEVElDffEfJ' l'IWl£ 111 IEVEl.Oftl'Jff "*5t:IV~ Hill levy Sales Tax lbtel lh. Totsl Rev. Hll [ levy Sa lea Tax Total Rev. Hu l levy Sa tee Tai Total Rev. HU[ Livy Salee 'fiii Totil Rev. Year lncane/1 lncane/2 Tax lnc./3 Alase I lnct:a!/1 lncca!/2 lbue 11 tna.!/1 tna.!/2 lbue 111 tna.!/1 L,cme/2 AWN IV 1983 1984 $115,590 $ 115,590 1985 $1,100,304 231,179 $168,750 1,500,233 1986 1,100,304 242,738 173,813 1,516.855 $ 98,375 $ 98,375 • 1987 1,100,304 254,875 179,027 1,534,206 $206,828 196,750 403,578 1988 1,100,304 267,619 184,398 1,552,321 206,828 206,588 413,416 $ 50,700 $ 50,700 1989 I, 100,304 280,999 189, 9:Jl I, 571,2)) 206,828 216,917 423, 74S $))2, 767 101,401 434,168 1\190 1,100,304 295,049 195,627 1,590 ,980 206,828 227,763 434,591 ))2, 767 106,471 4)9,238 $ 530,696 $ 530,696 1991 I, 100,304 J09,802 201,496 1,611,602 206,828 2)9, 151 445,979 ))2, 767 111,795 444,562 $5114,307 1,061,392 1 .645.699 1992 1,100 ,304 325,292 207,541 l,6)3, 137 206,828 251,108 457.936 )32, 767 117, 3114 450,151 584.)07 I, 114,462 1,698,769 1993 I, 100,304 J25,292 207,541 1,633,137 206,828 263 ,663 470,491 332,767 123,254 456,021 5114,307 I , 170,185 1,754,492 1994 1,100,304 325,292 207,541 1,6)3, 137 206,828 263.663 470,491 332,767 12),254 456,021 584,307 l ,170, 185 I, 754.492 1995 1.100,304 325,292 207,541 I ,6)3, 137 206,828 26),663 470,491 ll2. 767 12),254 456,021 584 ,307 1,170, 11S I, 754,492 1996 1,100,304 325.292 207,541 1,633,137 206,828 263,663 470.491 332,767 123,254 456,021 5114, 307 1,170, 111S 1,754 ,492 1997 1,100.304 325,292 207,541 1,633,137 206,828 263,663 470,491 332,767 12),254 456,021 5114, 307 1,170, 1115 I, 754,492 lt>tea to Revenue Suaary : 1 / The co llected 10l ll Levy rwenue la baaed ._.,.,., the 76 ml 11 levy currently •aeaaed property ownere withln the Clty of ~l!IIOO<I bouldarlee. 2/ 5'11e• tax revenues 11re projected to lncreaae at a rate of 5:l per ...,.. through 1992 ..i no lncreoe thereafter. Che half of the .-n.utl aal• tax co llectla,s are a.oa,-1 collectable rurlng the flrat year of project ca1pletlon In -=h Jiu,ae of develoi-,t. 3/ ll,tel rocn tax is projected {I 5:l per room, baaed a, an lncreaae In rOCII c~ee of Ji per ..,.. ..i a 75:l occupancy rate for the hotel ca1ple<. • • • _,,3_ $ 11S. $1,1 00 ,304 329,W, $ 168,nG 1,)07, 1)2 4)9,"IM 171,11) I, J07. ll2 S12,16l 119,QZ7 1,6)9,199 ~S.937 114,) 1.0,,199 1,145.929 119,9 2,ll4 ,206 1,107,3117 l,S,6V 2,224,206 I, 192.156 201,496 2.224 ,206 I ,812,)9j, 207.S41 2,224,206 l .• 2.)9j, l07,S41 2,n4.206 •.• 2,)9j, 207,541 2,224,206 1,.2,)91, l07, 541 2,224,206 1,.Z,)91, 207,541 2,224,206 1 •• 2.)94 207,541 • • • I - TABLE III ENGLEWOOD URBAN RENEWAL AUTHORITY Year 1982 1983 1984 1985 1986 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 Property/ Sales Tax Increment/1 $ 115,590 1,598,608 1,920,433 1,998,322 2,410,234 2,975,758 4,127,220 4,218,458 4,314,141 4,314,141 4,314,141 4,314,141 4,314,141 4,314,141 4,314,141 4,314,141 4,314,141 4,314,141 4,314,141 4,314,141 NOTES TO SUMMARY : UDFCD/2 Contribution $600,000 Revenue Summarization Sale of Property/3 City of Englewood Contribution $1,684,000 $4,000,000 1,150,000/4 (1) See Table II for illustration of incremental revenues. (2) Urban Drainage and Flood Control District contribution. Total Revenue Available $600,000 Operation & Maintenance $10,000 25,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000 • • • Net Rev. Available for Debt Service $ 590,000 5,659,000 1,215,590 1,548,608 1,870,433 1,948,322 2,360,234 2,925,758 4,077,220 4,168,458 4,264, 141 4,264,141 4,264,141 4,264,141 4,264,141 4,264,141 4,264,141 4,264,141 4,264, 141 4,264,141 4,264,141 4,264,141 (3) Sale price based on market appraisals for two (2) parcels of land located within redevelopment are (4) Property appraised at a value of $1,900,000; however, there exists a $750,000 outstanding mortgage must be paid. . that -6 .. - • • • Int. Incane Const. TABLE IV ENGL&/000 URBAN RfNENIAL At.mORlTY Proposed Financing Plan Phas e l Debt Service • • • ~ _,.,5_ Alase l I Debt Service Year Net( 1) Revenue s Available Interest Income oo Annual Sur plus(2) Interest Income 01 Reserves()) Fund ( 4) Net Revenues Principal Interest Total Principal Interest Total Nl1Ual Surpluses Special fuld Accuatlated Balance $ 67,800 628,716 $ 90,000 $ 285,000 $ 965,000 315,000 1,085,000 7,126,800 450,000 270,000 2,564,306 450,000 125,000 2,123,608 $ $ 400,000 $ 400,000 1,200,000 1,200,000 1,200,000 1,200,000 180,000 1,200,000 1,380,000 1982 $ 590,000 1983 5,659,000 1984 1,215,590 1985 1,548,608 1986 1,870,433 1987 1,948,322 1988 2,360,234 1989 2,925,758 1990 4,077,220 1991 4,168,458 1992 4,264,141 1993 4,264,141 1 994 4, 264 , 141 1995 4,264,141 1996 4,264,141 1997 4 ,264,141 1998 4 ,264,141 1999 4,264,141 2000 4 ,264,141 200 1 4,264,141 2002/5 4,264,141 2003/5 4,264 ,141 450,000 2,320,433 200,000 l, 178,400 1,378,400 $ 300,000 NOTES: 5,737 145,045 172,386 156,218 153,946 153,879 154,407 153,980 153,732 153 ,947 154,329 153 ,572 15 3,951 304,326 (1) Ref er to Table 111 450,000 450,000 450,000 450,000 450,000 450,000 450,000 450,000 450,000 450,000 450,000 450,000 450,000 450,000 450,000 450,000 270,000 2,398,322 2,810,234 3,375,758 4,532,957 4,763,503 4,886,527 4,870,359 4,868,087 4 ,868,020 4,868,548 4,868,121 4,867,873 4 ,868,088 4,868,470 4,867,713 6,367,713 7,088,467 225,000 1,154,400 1,379,400 250,000 l, 127,400 1,377,400 280,000 1,097,400 1,377,400 315,000 1,063,800 1,378,800 355,000 1,026,000 1,381,000 395,000 983,400 1 , 378, 4()() 445,000 936,000 1,381, 0(1() 500,000 882,600 1,382,600 555,000 822,600 1,377,6(1() 625,000 756 ,000 1,381,000 700,000 681,000 1,381,000 785,000 597,000 1,382,000 875,000 .502,800 1,377,800 985,000 397,800 1,382,800 1,100 ,000 279,600 1,379,600 1,230 ,000 147,600 1,377,600 (2) Interest income rn annual surpluses calculated @ 12 % per annun through 199 2, 10% thereafter. (3) Inte r est income on bond reserve ftmds calcul ated at 12% per arriun : 330,000 365,000 410,000 450,000 500,000 555,000 620,000 685,000 760,000 845,000 940,000 1,040,000 1,155,000 1,285,000 1,425 ,000 1,580,000 1,755,000 $1,500,000 reserve ftmd for Phase I financ ing $2,250,000 reserve fund for Ih ase II financing (4) Interest income calculated oo the construction fund ti 12%/an nun based 01 a tl.Q-year construction period. (5) &ind reserve ftmds available for debt service fo r f inal maturities, Riase I and II . $ 565,000 $ 565,000 $ 687,500 $ 687,500 5,239,300 5,804,300 1,650,000 1,650,000 ( 285,694) 5,518, 1,650,000 1,650,000 ( 906,392) 4,612,21 .. 1,650,000 1,950,000 (1,007, %7) 3,604,247 1,617,000 I ,947,000 ( 928,078) 2,676,169 1,580,700 1,945,700 ( 512,866) 2,163,303 1,540,550 1,950,550 47.~ 2.211.111 1,495,450 1,945,450 1,208,707 3,419,818 1,445 ,950 I ,945,950 1,436,553 4,856,371 1,390, 9.50 1,945,950 1,562,177 6,418,548 1,329,900 1,949,900 1,539,459 7,958,007 I ,261, 700 I ,946, 700 '· 538,787 9,4%,7 1,186,350 1,946,350 1,544,070 11,040, 1, 102, 7.50 1,947,750 1,539,798 12,580,662 1,009,800 1,949,800 1,537,321 14,117,983 906,400 1,946,400 1,539,473 15,657,456 792,000 1,947,000 1,543,288 17,200, 7 664,950 1,949, 9.50 1,535,720 18,736, 523,600 1,948,600 1,539,513 20,275,977 366,850 1,946,850 3,043,263 23,319,2 193,050 1,948,050 5,140,417 28,459,657 •• -• • • BY Alll'HORITY ORDINANCE NO. SERIES OF 198-2~~ A BILL FOR COUNCIL BILL NO. 35 INTRODUCED;, BY COUNCIL MEMBER ..U k ~ t-, 7 A 1 AN ORDINANCE TO AMEND 'IRE COolPREHENSIVE ZCIHNG OODINANCE OF 'IRE CITY OF ENiL™lOD, COLORADO , BY PROVIDING FOR 'IRE PERMITTING OF CERTAIN AMUSEMENT OR ENTERTAit+\ENT BUSINESSES AS COODITI~ USES WI'IRIN 'IRE CCM1ERCIAL B-1 AND B-2 ZOOES . C 1 / ·cta u 111-,{7?1 t. 11.(1 , <'~f· WHEREAS, the Comprehensive Plan for the City of Englewood sets for certain goals for City areas zoned for business use including supporting the vitality of existing businesses, attracting new businesses, balancing C01m1ercial uses, and the encouragement of improvement and redeveloµnent; and WHEREAS, certain amusement or entertairwnent businesses can provide special problems not complementary to the foregoing goals, including necessity for significant m:>tor vehicle and bicycle parking, interfering lighting, loud and distracting noise, the congregation of large nll'llbers of persons on those and adjacent business premises; and WHEREAS, it is appropriate to permit such amusement or entertairvnent uses within business zones subject to certain conditions and safeguards to insure that those businesses conform to the general character of the neighborhood in which they locate and that their adverse effects upon adjacent and neart:Yj uses are minimized; and WHEREAS, the permitting of amusement and entertairwnent businesses as conditional uses will also alleviate other problems which have been determined to be associated with some of those bus inesses , including j uvenile delinquency, truancy, noise, litter , depreciation in neighboring property, adverse health effects, morals, and adverse effects upon the youth values of vulnerable children. NC:W, 'll!EREFORE, BE I T ORIY>.INED BY 'IRE CITY COUNCIL OF 'IR E CITY OF EN.LEWOOD, COLORADO: Section 1. 'Mlat the Englewood Comprehensive Zoning Ordinance, '69 E.M.C. Sec. 22.4-lOh, Conditional Uses, is hereby amended by adding: 2. AMUSEMENT ESTABLISl+IENTS INCLUDING , BUT NOT LIMITED TO: BILLIARD HALLS, BCWLING ALLEYS, COIN-OPERATED GAMES, Dt.NCE HALLS, ELECTROOIC OR VIDEO GAMES , NIGHT CUJBS, ~ OO~ffiCIAL RECREATirnAL FACILITIES, POOL HALLS, OR SKATING RINJ<S. Section 2. 'Mlat th Engleqwood Compreh nsive Zoning Ordinanc, '69 E.M.C. Sec . 22.4-11 h, Conditional Us s, is nded t:Yj adding: 4. AMUSEMENT ESTABLISlME'NTS INCUJDING BUT NOT LIMITED TO: BILLIARD HALLS, BCWLING ALLEYS, COIN-QPERATEO , HALLS, ELECTROOIC VIDfl> , NIGHT CLUBS, ~ CO'MEFtCIAL RECREATirnAL FACILITIES, POOL HALLS Sl<ATI RIN I • • - • • • • Section 3. 'lbat the Englewood Comprehensive Zoning Ordinance, '69 E.M.C. Sec. 22.4-10b{3) is repealed. clun 4 . 'Y) ,'}lC1~l 1 l Q it ,i.4., 't-it -<2.,la t.. ffe.u::. u /u..., 13 lt_tf:-0-,;, u.;,.,. .,1/--~ ILL G WJO-1-tl <' 1.da u ~ 1 %', ta.~~ Ii , ., 1ll:U tl na; ;t'(LL t2d1~ "( .i!ru Z/'LU.;f-70. 1~ --t n ;z !LG ,,c'-?)n nunucv,-, ~ ~ ~, C/1iL::J,, 'I:: 1 ~,,_ riL'--,/:. ~ t;__, e1 ./. --, 2l . iL , /JU "" .. j C4"' r Introduced, read in fu\l , ~~sed on first reading 'fr; the 7th da/of June, 1982. Published as a Bill for an Ordinance on the 9th day of June, 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 and foregoing is a true, accurate and ~lete copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on 7th day of June, 1982. Gary R. Higbee • I • • • • • ORD INANCE NO. SER I ES OF 1982~~- A BILL FOR COUNCIL BILL NO. 34 INTRODUCED BY COUNCIL MEMBER~~~~~~~ AN ORDINANCE AUTHORIZil'Ki THE ISSUANCE AND SALE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS, SERIES (U.S . INDUSTRIES, INC. PROJECT) IN THE AGGRffiATE PRINCIPAL AMOUNT OF $2,200,000 TO FINANCE A PROJECT FOR U.S. INDUSTRIES, INC.; RATIFYit,.(; CERTAIN ACTH~ HERETOFORE TAKEN; AUTHORIZil'Ki THE EXECUTIOl"l AND DELIVERY BY THE CITY OF A FINANCI~ AGREEMENT, AN INDENTURE OF TRUST, SUCH BOODS AND CLOS!~ OOCUMENTS IN COONECTIOl"l THER™ITH; MAKI~ DETERMINATIOOS AS TO THE SUFFICIENCY OF REVENUES AND AS TO Ol'HER MATTERS RELATED TO IBE PROJECT; AND REPEAL!~ ACTION HERETOFORE TAKEN IN CONFLICT HEREWITH. B I WHEREAS, the City of Englewood, Colorado (the •city•), is a legally and regularly created, established, organized and existing political subdivision under the Constitution and laws of the State of Colorado and the Home Rule Charter of the City; and WHEREAS, the Colorado County and Municipality Development Revenue Bond Act, constituting Sections 29-3-101 through 29-3-123, inclusive, Colorado Revised Statutes 1973, as amended (the •Act•>, authorizes cities to finance one or more projects to promote industry and develop trade or other economic activity by inducing profit or nonprofit corporations and manufacturing, industrial, co11111ercial or b usiness enterprises to locate, expand or remain in the State of Co lorado, to mitigate the serious threat of extensive unemployment in pa rts o f the State of Colorado, to secure and mAintain a balanced and stable economy i n all parts of the State of Colorado or to f urther the us e o f i ts agr i cultural products or natural resource s ; and WHEREAS, such cities are further authorized by the Act to iss ue revenue bonds for the purpoae of defraying the cost of financ- i ng any pro j ect i ncluding all incidental expenses incurred in iaauing -1- • I • • • • • such bonds, and to secure payment of such bonds as provided in the Act; and WHEREAS, u. s. Industries, Inc., a Delaware corporation {the •company•), has presented to the City a proposal whereby the City will, pursuant to the Act, finance a portion of the cost of acquiring certain equipment {the •project•), to be installed in an existing building leased by the Company, the whole to be operated by the Company as a manufacturing facility, located within the City, which Project qualifies as a •project• within the meaning of the Act; and WHEREAS, Industrial Development Revenue Bonds, Series 1982 CU. s. Industries, Inc. Project) in the aggregate principal amount of $2,200,000 {the •sonds•) will be issued, sold and delivered by the City to First Union National Bank (the •original Purchaser•> to pay a portion of the cost of financing the Project including certain inci- dental costs incurred in connection with the issuance of the Bonds; and WHEREAS, on August 18, 1980, the City Council adopted a resolution expressing willingness to issue the Bonds to fi nance the Project; and WHEREAS, the Company will enter into a Fi nancing Agreement dated as of June 1, 1982 (the •Financing Agreement•) wi th the Ci ty providing for payments sufficient to pay the princ i pal of, prem i um, if an y, a n d interest on the Bon ds and t o meet other obligations as herein and therein provided; and WHEREAS, the City will e n t r into an Indentur of Trust dated as of Jun l, 1 982 (th •indenture •> with Fir t Union tiona.l Bank , a trustee <the ·Truste •) p u rsuant to which th City will assign to th Trust for the b nefit of th holders of th Bon all of its right, title and inter at <wi t h ce r tain exceptional in th Financing Agre ment to secure payment of the Bonda1 and -2- • I • • • • • WHEREAS, there have been presented to the Ci ty Council Ci> the proposed form of the Financing Agreement and (ii> the pro- posed form of the Indenture. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. All action (not inconsistent with the provi- sions of this ordinance> heretofore taken by the City Council and the officers of the City directed toward the financing of the Project and the issuance and sale of the Bonds therefor be, and the same is hereby, ratified, approved and confirmed. Section 2. The City shall finance a portion of the cost of the Project, including the costs incidental to the authorization, issuance and sale of the Bonds, by l oaning the proceeds of the Bonds to the Company in accordance with the provisions of the F i nanc i ng Agreement for the purposes descr i bed above. Section J. To defray a portion of the cost of financing the Pro j ect i ncluding the costs i ncidental to the authorization, issuance a nd sale of the Bonds, t here is hereby authorized and cre- a ted an issue of i ndustrial development revenue bonds des i gnated •ci ty of Englewood, Colorado, Industr i al Development Revenue Bonds, Ser i es 1982 CU . s. Industries, Inc. Project)• in the aggregate prin- ci pal am o unt of $2,2 00,0 00, i ssuable as fully regi stered bonds with- out coupons . The Bonds s hall be dated thei r date of iss ue, except as otherwise provided in the Indenture . Until the Conversion Date Cas herein defined), if any , the Bonds shall bear interest at the rate of 651 of th rate of interest per annum announced by First Union National Bank from time to time as its prime rate (the •prime Rate •) payable quarterly on the first day of each March , June , September and December c•Int erest Payment Date •) commencing s ptember l, 19 82, plus l.51 per annum interest for the first 90 days, payable on the date of d livery th reof. Any change in such Prim Rate shall be effective on the day so nnounc d. The -3- I • • • • • • interest rate on the Bonds may be converted to a Fixed Rate (hereinafter defined) with such interest payable quarterly on each Interest Payment Date following the date of conversion to the Fixed Rate (the •conversion Date•). Such conversion shall be made by the City at the option and upon the direction of the Company, after the Company shall have provided the registered holders of Bonds with written notice of the intent to convert to the Fixed Rate at least thirty (30) days prior to the Conversion Date. Such notice shall also specify the Conversion Date. The Fixed Rate shall be that rate specified in an ordinance adopted by the City Council. Overdue payments of principal of and interest on the Bonds shall, to the extent permitted by law, bear interest from the date due until payment in full at the rate which, during the period when the interest rate on the Bonds is not the Fixed Rate, is one percen- tage point above the Prime Rate, and during the period when the interest rate on the Bonds is the Fixed Rate, is one percentage point above the Fixed Rate. A1l interest shall be calculated on the basis of the number of days actually elapsed, based on a 360-day year with twelve thirty day months. In no event shall the interest on the Bonds ever exceed the rate of 401 per annum. The Bonds shall mature on June 1, 2002, subject to redemption as provided in the Indenture, s hall be payable as provided in the Indenture, and shall be i n sub- s tantially the form as set forth in the Indenture. The Bonds shall be s old to the Original Purchaser at a private sale at a purchase price equal to 1 001 of the p r i ncipal am o unt of t he Bo n ds. The maxi- mum net effective interest rate payable on the Bonds is 4 01 per annum, which rate is hereby determined to be the maximum net effec- tive interest rate on the Bonds . Section 4. The following determinations and findings are h reby made in accordance with Sections 2 9-3-113, 2 9-3-11 4 and 29-3-120 of the Act: -4- I • • - r • • • Cal The maximum amount necessary in each year to pay the principal of and the interest on the Bonds is as follows: Annual Period to and Xoc;Juding June 1 1983 1984 1985 1986 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 Interest for suc;h Period $799 ,333* 880,000 880,000 880,000 880,000 880,000 880,000 880,000 880,000 880,000 880,000 880,000 880,000 880,000 880,000 880,000 704,000 528,000 352,000 176,000 Principal to be Retired in such Period $-0- -o--o--o--o--o--o- -o--o--o--o--o--o--o--o- 440,000 440,000 440,000 440,000 440,000 Annual Debt Service Beguiremeot $ 799,333 880,000 880,000 880,000 880,000 880,000 880,000 880,000 880,000 880,000 880,000 880,000 880,000 880,000 880,000 1,320,000 1,144,000 968,000 792,000 616,000 *Interest for this period is calculated on the assumption that the Bonds are issued July 9, 1982; the interest payable in the period would be different if the Bonds were issued before or after such date. Cb) No reserve fund has been established nor is proposed to be established for the retirement of the Bonds or the maintenance of the Pro ject and accordingly it will not be n cessary to pay amounts into any auch rs rve fund. Cc) The terms under which the Project is to be financed provid that the Company shall maintain the -5- • I • • ...... • • • - Project and carry all proper insurance with respect thereto. Cd) The revenues payable under t h e Financing Agreement are sufficient to pay, in addit i on t o all other requirements of the Financing Agreement and thi s ordinance, all sums referred to in paragraphs Ca> and Cc > of this Section. Ce) The revenues payable under the Financing Agreement are sufficient to pay, in addit i on to all other requirements of the Financing Agreement and this ordinance, all taxes payable pursuant to Section 29-3-120 of the Act. Section 5. The forms, terms and prov i sions of the F i nancing Agreement and the Indenture, be and they h e r eby a re approved and the City shall enter into the Fi nancing Agreement and t he Indenture in the focms of each of such documents presented to the City Council at this meeting, with only such changes therein, if any, as are not inconsistent herewith7 and the Mayor i s hereby authorized and directed to execute and deliver each such document and the City Cl e r k is hereby author i zed and directed to affi x the Ci t y seal to and to a ttest each s uch document. Secti on 6. The f orm s , terms and pr o v isions of the Bon ds , in the fo rm s contai ned i n the Ind e nture, be and they hereby are approv ed , wi t h on l y suc h c h a nges th erein, if any , as are not incon- sistent here with1 and the Mayor is hereby authorized and directed to execute the Bonds and the City Clerk is hereby authorized and directed to affix the seal of the City to the Bonds and to attest the Bonds. Section 7. The Mayor is hereby authorized to xecut and deliver to the Trustee the request and authorization of the City for the auth ntication and delivery of the Bonda by the Truste, in accordance with Section 2.07 of the Indenture. -6- • I • • • • • Section 8. First Union National Bank is hereby appointed as Tr ustee under the Indenture, thereby also serving as registrar and payi ng agent under the terms of the Indenture. Section 9. The officers of the City shall take all action i n c onformity with the Act necessary or reasonably required to effec- tuate the issuance of the Bonds and shall take all action necessary o r desirable in conformity with the Act to finance a portion of the cost of the Project and for carrying out, giving effect to and con- s umm at i ng the transactions contemplated by this ordinance, the Fi nancing Agreement and the Indenture, including without limitation the execution and delivery of any documents necessary to elect to have Section 103(b) (6) (Dl of the Internal Revenue Code of 1954, as amended, apply to the Bonds and of any closing documents to be deliv- ered i n connection with the sale and delivery of the Bonds. Section 10. The cost of financing a portion of the cost of the Pro j ect, including the costs incidental to the authorization, issuance and sale of the Bonds, will be paid out of the proceeds of the Bonds and none of the Bonds will be the general obligation of the Ci ty, nor shall any of the Bonds, including interest thereon, consti- t u te t he debt or indebtedness of the City within the meaning of the Constituti on or statutes of the State of Colorado or the Home Rule Cha r ter of the Ci t y nor shall anything c ontained i n this ordinance or in the Bo nds, the Fi nanc i ng Agr e ement, the Indenture or any other instrument give rise t o a pe cun iary lia b i lity o r a c harge upon the general credit or ta xing powers of the City, nor s ha ll the breach of any gre ment contained in this ordinance, the Bonds , the Financing Agr • nt, the Ind nture or any other instrUJDent impose any pecuniary li bil ty upon the City or a charge upon the general credit or taxi ng pow rs of the City , the City having no power to pay out of its ge n- eral t unda, or otherwise contribute any part of the cost of fi nancing th Project, nor pow r to operate the Project as a business or in any manner, nor shall the City condemn any land or oth r property for the ProJect nor contribute any land or other property to the Project. -7- • I • • - • • • • • • Section 11. After any of the Bonds are issued, this ordi- nance shall be and remain irrepealable until the Bonds and the inter- est thereon shall have been fully paid, canceled and discharged. Section 12. If any section, paragraph, clause or provision of this ordinance shall for any reason be held to be invalid or unen- forceable, the invalidity or unenforceability of such section, para- graph, clause or provision shall not affect any of the remaining pro- visions of this ordinance. Section 13. All bylaws, orders and ordinances, or parts thereof, of the City, inconaiatent herewith and with the .documents hereby approved, are hereby repealed to the extent only of such inconaiatency. Thia repealer aball not be conatrued as reviving any bylaw, order or ordinance, or part thereof. Section 14. Thia ordinance, 1-diately on its final pas- sage and adoption, shall be nuabered and recorded i n the official record• of the City kept for that purpose, authenticated by the sig- nat u re• of the llayor and City Clerk, and publi abed by reference in the Englewood Sentinel, a newspaper publiabed and of general circula- t i on i n the City. Section 15. Thia ordinance ahall be in full force and effect t h irty days after publication follow i ng f i nal passage. Introduced , read in full , and passed on fir'>t r ading on th 7th day of June , 1982 . Published as a Bill for an Ordinance on the 9th day of Jun , 1982 • Attest: Eugene L. Otis , Mayor X offic io City Clerk-Treasurer -8- • I • • - • • • • • I, Gary R. Higbee, ex offic ;o City Clerk-Treasurer of tlie City of Englewood, Colorado, hereby certify that the alx>ve 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 7th day of June, 1982. Gary R. Higbee -9- I • • - Honifen,lmhoff Inc . lnv8$1m&nl Bonkers 11 25 17 Street Suite 1700 Denver C o lorado 80202 ( 303 ) 534-0221 Mr. Gary Higbee Director of Finance City of Englewood 3400 S. Elati Englewood, Colorado 80110 • • • APR ~9- ..,L, 1 u• t-!l'!V:C E Et-!i;U:.VIJO D April 7, 1 982 Re: $2,200,000 City of Englewood, Colorado Industrial Development Revenue Bonds (U.S . Industries, Inc. Project ) Dear Gary: I have recently received current information relating to the above-captioned transaction. 'lbe project proposed is described by the following narrative as supplied by U.S. Industries: "'lbe net proceeds of the Bonds will be used to pay for the acquisition cost of used and new equipment for the use in the manufacturing of plastic bags and similar items at a manufacturing facility located at 1500 W. Dartmouth Avenue, Englewood, Colorado, which is leased by U.S. Industries, Inc. (the "Company") from a third party lessor, Bond proceeds remaining after payment of the initial acquisition cost of th used equipment will be used to pay the cost of expanding the manufacturing capacity of the existing facility through the purchase of new equipment. Such expansion of the facility has signi- ficantly increased the production capacity of the manufacturing facility. Th Comp ny's operations t th facility are conducted through Poly-Tech, one of th Company's divisions. Poly- Tech i not separ te corporat entity", Attachm nt A demonstrates th us of proc ds for the proposed $2,200,000 issue. In conjunction with your r quest, U.S. Industries, Inc. has provid d a 1981 nnual report. B s don our previous r comm n- d ion nd th curr nt financi 1 d tar c iv d, Hanif n, Imhoff In c . 1a pl u d t o r com nd favor a bl consideration of this bo nd proposal, asau ing th tall oth r factors of conaideration ar mt to th ea iaf ction o th City • • I • • - • • • Hooifen.lmhoff Inc . Investment Bonkers Mr. Gary Higbee Director of Finance City o f Englewood Page Two • • • A review of updated financial data indicates a net worth of U.S. Industries, Inc. of $426,200,000 as of December 31, 1981. The cor/oration also continues to reflect a strong current ratio o 2.02 to 1 (current assets :current liabilities). Sal e s for the year ending December 31, 1981 were $1,041,300. I believe this information, together with the package submit t ed in 1980, provides the updating that you requested. Please contact me if I may be of further assistance regarding this ma t ter. SHB :km Attachm nta cc : Distribution List Attached Very truly yours, HANIFEN, I MHOFF I NC. J t &0, St even H. Be 11 Ass i s t an t Vi ce Pres i dent • I • • n - • • • • • Haniten , Imhoff Inc . Investment Bankers $2,200,000 CITY OF ENGLEWOOD, COLORADO INDUSTRIAL DEVELOPMENT REVENUE BONDS (U.S. INDUSTRIES, INC. PROJECT) Use of Proceeds Initial Acquisition of Assets F.quipment Additions Additional Capital ltems Issuance Costs Total Funds Us d • ATTACHMENT A $ 870,000 1,265,000 40,000 25,000 $2,200,000 I • • - • • • • • $2,2 0 0 ,000 City o f Englewood , Colorad o Indust rial De v elopment Re venue Bond s S e r ie s 1982 (U . S. Industries, I nc. P roject) DISTRIB UTION LIST Arthur J. Seifert, Esq. Sherman & Howard 2900 First of Denver Plaza 633 Seventeenth Street De nver, CO 80202 303-893-2900 Mrs. Toehl Harding, Asst. Gen Cnsl u. S. Industries, Inc. P. o. Box 1 0207 1 Cununings P oint Ro a d Stamford, CT 0 6 904 203-348-15 5 1 Edward c. Berl i n s k i u. s. Industri e s, Inc . P. o. Box 10207 1 Cummings Point Road Sta mf ord, CT 0 690 4 Willi a m O. Lanun , Esq. Lamm , Eds t rom & S towe 818 Seventeenth Street Denver, CO 80202 303-825-1284 Mr. Andy Mccown City Manager City of Englewood 3400 Sou h Elat1 Str et Englewood, CO 80110 30 3-761-1140 Mr. Gary R. Higbee Director of Finance City of Englewood 3400 South Elati Street Englewood, CO 80110 303-761-1140 Rick DeWitt, Esq. City Attorney City of En g lewood 3400 South Elati Stre et Englewood, CO 80110 303-761-1140, Ext. 235 Mr. Steven Bell Hanifen, Imhoff & Stamford, Inc. 1 12 5 Sevent e enth Str eet, Suite 17 00 Denve r, CO 80202 30 3 -534-0221 R. Ma lloy Mc Ke i than, Esq. He lms, Mul liss & Johnston 2800 NCNB Plaza Charlotte , NC 28280 7 04-372-9 5 10 Mr. O. L . Sicotte , Vic e P resid ent Fi rs t Un ion Nat iona l Bank Fi r s t Un ion P l aza Ch arlo tte , NC 28 28 8 Attn: Corporate Trus t Dept., T -12 70 4 -37 4 -6025 . , . •• • I • • - • RESO LUT I OO NO •.. J-5 SER IES OF 1982~~- • • - A RESOLl1l'IOO APPOINTI!l'.i l».VID J. MENZIES A.SSISTANT CITY A'M'ORNEY. 7 C ~ loliERF.AS, the City of Englewood, a Colorado home rule municipal corporation, desires to employ David J. Menzies as Assistant City Attorney. NCW, nlEREFORE, BE IT RESOLVED BY 'lliE CITY COUNCIL OF nlE CITY OF EN:;LEW'.)()[), COLORAOO: 1. That David J. Menzies, Attorney at Law, is appointed part-time Assistant City Attorney. 2. Consideration shall be at the rate of $1,666 per month, due and payable on the 15th day of the month following rendition of services. Services are to conmence June 15, 1982. 3. This contract may be terminated by either party upon thirty days' written notice to the other. 4. It i s expressly understood that the servi ces per f ormed are contract services not entitling Assistant City Attorney to benefits of the City er!l)loyees, specifically excluding health and dental insuranc e, li fe i nsurance , disability insurance, Workmen's Compensation, Social Secur i ty, vacation leave, personal leave, disability leave, and/or such other and further benef its of an er!l)loyee of the City. ADOPTED AND APPROVED this 7th day of June , 198 2 . Eug ene L. Otis , Mayor Attest: ex officio City Clerk-Treasurer l, Gary R. Higbee , ex officio City Clerk-Treasurer of th City of Englewood, Colorado , hereby cer tify that the above is a true, accurate and complete copy of Resolution No.~, Series of 1982. Ga r:y R. Higbee • I • • - • RESOLUTIOO NO. ::::15 SERIES OF 1982~~- • • • A RESOLUTIOO APPOINTite llWID J. MENZIES ASSISTANT CIT'i ATTORNEY. w-IBREAS, the City of Englewood, a Colorado home rule municipal corporation, desires to employ David J. Menzies as Assistant City Attorney. N™, 'll!EREFORE, BE IT RESOLVED BY 'll!E CIT'i CX>UNCIL OF THE CIT'i OF EN:iLEWJOD, COLORADO: 1. 'nlat David J. Menzies, Attorney at Law, is appointed part-time Assistant City Attorney. -II, 6 10 2. Consideration shall be at the rate of ~ per ioonth, due payable on the 15th day of the ioonth following rendition of services. Services are to comnence June 15, 1982. and 3. 'nlis contract may be terminated by either party upon thirty days' written notice to the other. 4. It is expressly understood that the services performed are contract services not entitling Assistant City Attorney to benefits of the City efll>loyees, specifically excluding health and dental insurance, life insurance, disability insurance, Workmen's Compensation, Social Security, vacation leave, personal leave, disability leave, and/or such other and further benefits of an employee of the City. AOOPTED AND APPROVED this 7th day of June, 1982. Eugene L. Otis, Mayor Attest: ex officio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Tr surer of the City of Englewood, COlorado, hereby certify that the above is a tru, accurate and complete oopy of Resolution No ~, Series of 1982. Gary R. Hig I • • n • - D P R O C L A M A T I O N WHEREAS, the principles that the American Flag stands for were created by the experiences of a great people , said Woodrow Wilson many years ago; a nd WHEREAS , the Flag has grown and changed with the Nation , and eve rything that it represents is reflected in the lives of those who carried it , stood by it , s erved under it , or protected because of it; and WHEREAS, the Flag, as we salute it today, is an emblem that evolved through various stages , varied designs, and assorted appearances, again r e flecting the growth and changes of the country as well as its people; and WHEREAS, to corm1errorate the annive~sary of its adoption on June 14 , 177 7, Congress has set aside the 21 days from Flag Day through Independence Da y as a period to honor America; and WHEREAS, by displaying the nation~l colors during this 21 day salut to Ame ri c a, symbolize a united derrocracy through this badge of freedom and ind pe nd nc • "°"' niEREFORE , I, EUGENE L. ans , Mayor of the Ci y of Engle olorado , doh r by procla im the wenty-one days, Flag Day through In cpend nc' l);l y, s a period to Honor America in th City of Englewood. GIVtN und r rrrt hand and seal the 7th day of Jun , 1982. --Eug n L. Otis , Mayor-- • I . - P R O C L A M A T I O N WHEREAS, the principles that the American Flag stands for were created by the experiences of a great people , said Woodrow Wilson many years ago; a nd WHEREAS , the Flag has grown and changed with the Nation, and everything that it represents is reflected in the lives of those who carried it, stood by it, served under it , or protected because of it; and WHEHEAS , the Flag , as we salute it today, is an emblem that evolved through various stages , varied designs, and assorted appearances , again r e flecting the growth and c hang es of the country as well as its people; a nd WHEREAS, to commemorate the anniversary of its adoption on Jun 14 , 1777 , Cong ress has set aside the 21 days from Flag Day through Independence Day as a period to honor America; and WHEREAS, by displaying the national colo r s during this 21 day s alute t o Am e rica, we symbolize a united democracy through this badge of freedom nd inde pendence . ~. TiiEREFORE, I , EUGENE L. arIS , Mayor of the City of Engle Colo r ado , do he r e by proc laim the tw nty-one days , Flag Day through Independ ence O;i y, s a period o Honor America in the City of Engl e GI Vt::N un de r my hand and seal the 7t11 day of June, 1982 . • I . - 7 P R O C L A M A T I O N WHEREAS , the 20th annual Colorado Country Music Festival and Trade Convention wi ll be held this month in celebration of Colorado Country Music Week; and WHEREAS, the Annual Colorado Country Music Festival ~nd Trade Conventions are sponsored by the Country Music Foundation of Colorado ; and ~"'8EREAS , country music is truly Jl.lncrican music . NO.-,,, TiiEREFORE, I EUGENE L. arrs , Mayor of the City of Englewood , Colo rado, do hereby proclaim th week of Jun 21 through June 26 , 1982 as COLORADO COUNTRY MUSIC WEEK in Lhe City of Englewood and urge our citizens to acknowledge this segment o[ our heritage . !VEN under my hand and seal Lhis 7th day of June , 1~· -rug ne L. Otis, Mayor I - P R O C L A M A T I O N WHEREAS , the 20th annual Colorado Country Music Festival and Trade Convenlion will be held thi s rronth in elebration of Colorado Country Music Week; and \"11-JEREAS , the Annual Colorado Country Mu s i c Festi va] and Trad Con vent ions are spcnsored by the Counlry Mu sic Foundation of Colo r ado ; and WH ERE , country music is truly American mu sic . No.-J , 1llEREFORE , I EUGENE L. arr , Mayor of the City of Englewood , Colo rado , do hereby proclaim th w ek of J n 21 hrough June 26 , 198 2 us COLORADO COUNTRY MUSIC WEEK in Lhc City of En lcwood nd urg our c itiz ns o acknowledge his ic; men of our heritage . l~il • ·1vi:; un •r my I nd and b 1 Lhis 7 h duy of June , I r1- • • - C O U N C I L C O M M U N I C A T I O N DATE May 25, 1982 AGENDA ITEM 0.... LITTLE DRY CREEK -SELECTING SUBJECT ALTERNATIVE FOR IMPROVEMENTS IN DOWNTOWN AREA INITIATED BY ~C_i~ty'--M_a_na~g~e_r~~~~~~~~~~~~~~~~~~~~~ ACTION PROPOSED Selection of alternative design scheme for downtown area Background In late 1981, the City Council instructed the City Manger to hire a consulting firm to begin designing Little Ory Creek from Clarkson Street to Santa Fe Drive . The first phase of Little Ory Cr eek from Santa Fe to the confluence of the South Platte River was already under construction including channel widening and a new bridge over South Platte River Drive East. One of the major decisions needed from the City Council and The Urban Renewal Authority is to select a design scheme in the downtown area. Over the past several months, the consulting eng in eers have worked on four different alterna- tives and have made slide presentations to the various boards and co11111issions for their in put. The attached conwnents from those groups strongly favor alterna- tive #3, wh ich is the open channel from Broadway to the existing box conduit entra nce . Fi nancia 1 There are several funding methods being reviewed by Th e Urban Ren ewal Authority to construct the improvements from Clarkson to Cherokee , which is within the urban renew l district. The total cost for this work is $14,100,000; $8 .6 million for construction , $4.8 million for right-of-wa y, and $700 ,000 for engineering fees. An additional $1,000,000 will be needed from other City sourc es for the Improvements from Cherokee to the conduit outlet ne ar Sa nta Fe because ft is outside the urban renewal district. Reco ndation ore th ngin ers can proceed with the preliminary design fn the downtown rea, w n d to kno w which alternative th City Cou ncil and The Urban Renewal Authority pr fr. Th two viable alt rn iv s ar I • • - • • • • • -2- #3: open channel between Broadway and existing conduit entrance, recir- cul at i ng water, water wall, and performance plaza. #4 : exte nd box conduit to Hampden Avenue; surface treatment wi ll be more of a pas si ve setting; display areas. Attachs. GO/lo • I • • - • • • • May 13, 1982 TO: Andy Mccown, City Manager FROM: Gary R. Diede, Director of Engineering SUBJECT: LITTLE ORY CREEK ALTERNATIVES IN DOWNTOWN AREA In order to proceed with preliminary design of Little Dry Creek in the downtown area, we need to know wh i ch alternative The Urban Renewal Authority and City Council prefer for a final solution. As you know, presentations were made to various boards and commissions on February 22, 1982 and April 22, 1982 in order to explain the four alternatives in the downtown area and request their comments. Below is a su11111ary of the com- ments received: Englewood School Board : unanimous vote favoring alternative #3 - There were some concerns in removing residential housing on the project. (No letter sent -only telephoned in.) Parks and Recreation Co11111ission: Majority favored alternative #3. Planning and Zoning Co11111ission: Majority favored alternative #3. Englewood Downtown Development Authority: unanimous vote favor- ing alternative #3, but concerned about developer co11111itment and relocation of owners/tenants. Downtown Business Association: Letter indicated other alternatives should be looked at if it affects businesses along channel. The attached letters may better explain each agency 's position . The advisory co11111ittee of Susan Powers, Kells Waggoner, Bob Hoffmaster, Jim Mosier, Mike Haviland, and myself, and Don Engsign who prepared the Downtown Development Plan, unanimously favor alternative 13, which is the open channel from the existing box conduit entrance to Broadway. GRD/1 do Attachs. • I • • - • TO : FR'.M : DA.TE : • • • MEMORANDUM ~~ Cacy Di<de, Director of i,,gineerlng Services _ ~ ~ E. P. Ranans. Director of Parks and Recreation~ . May 11, 1982 Sm.JECI': Coom!nts from Englewood Parks and Recreation Camd.ssi.cn concerning Dry Creek Flood Ccntrol Plan We made a Jiule survey of the Englewood Parks and Recreation Camd.ssion cai- cerning the alternate plans to control flooding of Uttle Dry Creek. The result -was five UBii>ers favored Alternate plan no. 3, ooe 1Dl!llber loiOW.d favor "*1atever the aajority desired and ooe 1Dl!llber could not be reached for COIIIIBlt. This item is en the agema for the regular coomission meeting for the tlDlth of May for further discussion. I wi.lI relay any m:,re :infonmtion I can gather from this meeting . EPR/lw I . . I n - • • • • • MEMORANDUM TO: FROM : Gary Diede, Director of Engineering Services Susan Powers, Director of Community Development DATE: May 6, 1982 SUBJECT: Little Dry Creek Flood Control Alternatives The matter of the Little Dry Creek Flood Control Alternatives #3 and #4 was considered by the City Planning and Zoning Commission at their meeting of May 4, 1982, It was the consensus of the Commission that Alternative #3 should be chosen. A motion was made to recommend Alternative #3, which motion carried by a vote of 6 to 1, with two members absent. gw • I • • • • - ENGLEWOOD DOWNTOWN DEVELOPMENT At.rraOllITY 3535 So. Sheraan-?.nglevood, CO 80110 Wedneaday, April 28, 1982 Kt!ltn'ES Board Heabera Preaent: 8uah, Coieaan, Gasson, Holthaua, Kauf1118n, Hauaolf, Maxwell, Neat, Owena, Pendleton, Robot. Board Meabera Absent: None Staff Preaent: M. Haviland Gueata & Viaitors: Joe Bilo, City Council Board Chairaan Holthaua called the special meeting to order at 5 :15 P.H. After revievin1 all four alternatives for t he Little Dry Creek Proj ct, the loard enthuaiastically reco .. ended in favor or Alternative Numb r Three. Vote: 8 tn favor, 0 •&•inst, 1 ab stention . (Mr. Neal and Mr . Maxwell left prior to the vote.) The irupp o rt or Alternative Three is conditioned upon the follovtng actiona : 1) That the City aecure a co .. itaent t o the private portion of the project froa a developer by June l, 1982; 2) That the project be iapleaented In such • vay that no propert y ovner or tenant la hurt and that, to this end, the developer ahould deal directly vlth the t ~nant . a nd owners. Specifically this • an a that tenants should he r loc ated int o alternative fa cilities which vill a eet their uslne • or housing needs or that they ahould be provided an alt,•rn11ttve solution to th di pla cea nt probl ea v h tch 1~ a ccepted and approv d by thPIII (v ithin rea on). M bers o f the ~u r a r e vi llln g to as1t1t with the relocation In any w. I'·'" lh l The loard review d th draft of the Ur b,11 k, 11,·.r.1 l Ml'locJt ton Plan a11J adopt d the fol l ow In ndat Iona ronr, r n t n It. 1) On pa e '6, bu tne1 owner s should b 1 it h n d,1 , to 6 mont h . 2) On page 46, par $10,000 maximum o f brn flt ,; to dfspl c d u t n II o wner• l,,uld r r mov d. Co 11 r nsatt .:-n • uld be al locat d on a c11'!e tw , .1~r h11 i cofflfflenaurat with the •P c if ic n ed• of each bus In ., . • I • • • • • - May 10 , 1982 Mayo r Otis , Members of City Council , and -City Staff , The members and exe cutive board of dba/Englewood are very concernned about the execution of both plans III and IV of the Little Dry Cre e k resolution. We wish to g o on record that although we strongly encourage the redevelopement of South Broadway, we do not wish this to occur at the detriment of existing merchants, and that the utmost c ons ideration be given those merchants that would be affected. We feel both plans, III and IV , have merit , and we are divided as t o which is the better. There is strong concern about plan III as to the mobility of customer traffic since direct trafficing is impossible and extra distances must be traveled, bridg es used (which g et icy in winter), etc. All these we feel are disadvanta ges fo r the c us t omer having to carry packages (espec ially large or h eavy ones), those in wheel chairs, or those that simply have difficulty walking, and even those in a h urry because conveni ence i s important in generating traffic and interest in a shopping area . We also feel that plan IV was not planned or designed with as much care or interest esthetically, and that a covered area could be designed to be as exciting as plan III. Areas could be created for small playgrounds, park benches for resting and watching , tree and flower areas designed for beauty , a s ma ll stream pumped through the center for a small stream and pool or fountain effect, and a concert area for miscellaneous entertainment the same as plan III. It is also our experience that if more space is available, special promo tions and special events ie , October Festa, Musical presentations requiring larg er musical groups and equipment \larger bands, high school cho irs), car shows , bargai n days promotions, and much more could be held among the shops , not solely in a designated area . The whole purpose of any special affair is to dr aw traffic to the me rchants , not to an a r ea away from the shops . We also feel we mu st ask you not t o con tinue the design work for Little Dry Creek until certain other issues are resolved . First , the issue of priva e investment in the a rea balancing public investment . If the City moves ahead without private committment , moving and/or destroying certain designated bui l dings and businnesses without committed plans , the Dry Creek problem will be solved and the are would remain undeveloped, loosing the existing bus inesses and tax base . ~e feel you cannot isolate simply the area boardering the creek , but must have a committment in writing for the development of the related area3 boardering Dry Creek on the east side of Acoma up to the alley area . This area must be considered early in the planning stages as well , or it will become an isolated island of non-developement . Issue two , we feel there should be a mandatory committment froc the City to ask for a committment in writing from a developer wi thin given time frame , or look for new developers to present proposals a that time , and that the City be in full control of this process-not th developers so the effected merchants can operate on a given time table . And issue three , again not to proceed with the design work until here is a com ittment in writinJt--this commitment to th existing property owners/business retailers tha t no economic har ships befall them . Thia would include (a) moving expenses , (b) future rental incre see beyond reason , le} space consideration for loading , public cc es and parking comparable o current situ tions , (d} on time relocation , ( ) nd minimum down time from business ctivity . We le f el( her~ shoul~,bebno economic hard~h p forte r er y owner n ha , J there wou..i.d e no ioes 1n marke proper y a e , • I • • - • • • • • (b) minimize loss of tenants during transition, (c) and no loss in what we n ow have as a "retail center" value. It is our position to support alternate plan III and downtown developement if it does not affect our existing businesses and we don 't lose everything we have now. But we shall resist this plan if we lose what we have now and it becomes an economic hardship . All of our businesses are responsible for the lives and income of many famili es, we have several businesses that have been a part of and supported Englewood for up to 72 years . It should be recognized that s ome of the buildings in question are the newest buildings in Englewood , and others are not even regarded as being in the flood plain . There are alternatives yet to be considered , and if solving the Dry Creek problem and also working with the existing merchants as to not hinder their business is your desire, possibly a compromise will have to be made and a plan III 1/2 will have to emerge , or a plan IV which will allow a staggard construction schedule , or even yet a plan V, moving the Dry Creek solution to the west and leaving the existing buildings in tact until completion and then rebuil ding those buildings or remodeling them , or covering the creek (still moved west) and building around it on the west side later or maybe not at all. We appreciate the committments made thus far concerning the moving of affected tenants, both from Council Staff and the Brady Corp, but we would like to receive those committments in writing within at least 120 days of this letter. We of dba appreciate all of your concern and attention t o this matter , and we are looking forward to a growing and strong working relationship in the redevelopment and promotion of our fine city. Rer ull~s , ~~-Gordon Close, President Englewood Business Association • I • • C O U N C I L DATE June 2 , 1982 • • • C O M M U N I C A T I O N AGENDA ITEM SUBJECT 5l b 126-130 East Girard Avenue ACTION PROPOSED Award of construction contract for concrete and storm sewer work at Senior Center Parking Lot 12 (126-130 E. Girard Ayenuel BACKGROUND The City purchased the property known as 126-130 E. Girard Avenue in 1981 to provide additional parking for Orchard Place, the Simon Center, and the Elsie Malley Centennial Center. The overall parking lot improvements are expected to be completed by late summer, 1982. The first phase of construction consists of demolition of existing struc- tures and site preparation, which is now finished and it is time to accomplish the necessary concrete and storm sewer-related items. FINANCI AL $47,000 was appropriated in the 1982 PIF for the construction of th parking lot. With the completion of the demolition and site prepara- tion contract, we have a remaining fund balance of $38,750. RECOMMEND ATIO I o bids were received a follows: Color do Cur b, Gutt r, Inc. Hanson Panky Const. Co. $18,768.10 16,170.05 Engin r' Estimat 21,294.27 contract for this pha of construction r, H nson Pankey Const. Co., in th mount , in light of th be allow d conting ncy on this $3,000 tor -construct som condition of which could 1 I , I • • -• • • C O U N C I L C O M M U N I C A T I O N DATE J1ne 2, 1982 AGENDA ITEM SUBJECT Recodifica tion of Englewood Code -Bid Award Recommenda INITIATED BY Gary R. Higbee, Director of Finance BACKGROUND Recodification involves a complete review of all Council legisla- tion since the last recodification. This review is done by a codi- fication firm over a period of several months. The Englewood Municipal Code was last recodified in 1969 some 13 years ago. Since that time the Code has been updated periodica lly by amending ordinances by the use of supplemental printed pages. Sterling Codifiers is currently supplying the supplemental service. Last year in the preparati on of the 1982 budget, s aff recommen d recodification to ensure the accuracy of the Code since i had b e n a long interval from the last recodification. Staff also re- commended changing the mechanical binders sine many complaints received by the City Clerk's office were that th binders were c u - bersome and unsatisfactory to handle. Council approved th appropriation of $10,000 in th 198 2 budg Th City Charter r quir a that a rvices anti c ipat d to cos in excess of $2,500 must be off rd for comp titive bid and s pe c if i- cations w re sent out. Th sp cifications a k d for th f o llowi ng : 1. R search 2. A proof copy wi ha c o apr h n ai v e or ing dre t o 1 1 t reco • nded ch ngea. • I • • • • • • • -2- Hanson Pankey Const. Company is a small but established firm. They were the contractor on our 1981 Sidewalk program and completed the contract satisfactorily. rk/l o 6/2/8 2 • I • • - • • • • • t 3. The printing of 100 copie s of the Code, I n dex, Cha rter. 4. The choice of binder. The following four firms responded and Sterling Codif i e r s, I n c. was the lowest bid: (See attached analysis) Sterling Codifiers, Inc. General Code Municipal Code Book Publishing RECOMMENDATION $ 7,850 9,600 12,500 8,400 -1 1 ,4 00 The recommendation is to enter into a contract with Sterling Codifiers, Inc. for recodification services in the amount of $7,580 based on their bid being the lowest and the company's familiarity with the present supplemental update serv i ce wh ich has been satisfactory. • I • • Total /P 9" Ea • com, 1. C Eot. M&n hour1 • $7,850 600 pagea include• Charter , Index Code provisions, Index and Binder• $12. so 5 aontha Draft, ordinance U1t and ordinance reSUIN 3 aontlul Chang I, Index , Pcintir>9 395 -$1 .87/ .. nhour • • • BIDS POR RECODIFICATION -100 copies Gener al Code $9,600 $16.00 credit or addl. charge if fewer or aore Co ver• c a n be prepared in City•• colora with •••l ppearing on the front , lpine for •soo .oo • Municipal Code $12,500 100 copieo, 25 binders AdditionAl bindero in lota of 25 at $10 each, standard t.ab8 at no charge, apecial tab1 $0.18 each Payment ii in inotal1-nta Oependa on aaount of type per page-e:sc••• page• are priced according to ai&e of page-the larger the page the higher the price 1 yHr excludu,g ti.a required for review of proof• Bid bued on per pag rate which inelud-varioua coat fact..oca . llot COlll)Qted 1olely on the aan- hour1 to be u1ed for the rroje Coit rangu fna SlS.00 to $60 .00 per aanbour t on proj 11-1-,,u 001t ii on • per p&11e boaia with no ann ... l a.1.ni-ar9 0 Boolt Publishing $8,400 (Bid A which 8 1/2 x 11 of JOO pages, extra pages or c red it 1 leH pages $28.00) $11,400 (Bid B which 6 1/2 x 9 of 600 page•, extra pag • or credl. t leH pages $19.00) Binders $12. 75 each , provide tab for a&in sections only, supple- mental 1ervicea Bid A $100/ann plue $23 . 00 • page Bid B $100/ ann . pluo $18 .00 • pq No charge for blanlt pag 6 -12 aontlul r • - • • • • C O U N C I L C O M M U N I C A T I O N DATE Jme 2, 1982 AGENDA ITEM SUBJECT Recodification of En glewood Code -Bid Award Recomm en da INITIATED BY Gary R. Higbee, Director of Finance BACKGROUND Recodification involves a complete review of all Council l eg isla- tion since the last recodification. This review is done by a codi- fication firm over a period of several months. The Englewood Municipal Code was last recodified in 1969 some 13 years age. Since that time the Code has been updated per iodically by amending ordinances by the use of supplemental printed pages, Sterling Codifiers is currently supplying the supplemen al service. Last year in the preparat ion of th 1982 budget, staff recommended recodification to ensure the accuracy of th Code since i had been a long interval from the last recodification. Staff also re- commended changing the mechan ical binders since many complaints received by the City Clerk 's office were that the binders were cum- bersome and unsatisfactory to handle. Council approved th appropriation of $10,000 in the 1982 budget. The City Chart r requires that services anticipated to cos in excess of $2,500 must be offered for competitive bid and sp cifi- cations were sent out. The specifications asked for the following: 1. Research and review of all ordinance since he las r~- codification. Th lis ing of discr pancies, conflic s, duplications, ambiguities and/or obsolete provi sions in the ordinances and th c urren code and he cha r r. Aleo, conflic s betw en Colorado Sate Sta u es and th code. 2 . A proof copy with comprehensive working draft o reco•mended changes. • 11 h I • • - • • • • • 3. The printing of 100 copies of the Code, Index, Ch arter. 4. The choice of binder. The following four firms responded and Sterling Codif i e r s, In c . was the lowest bid: (See attached analysis) Sterling Codifiers, Inc. General Code Municipal Code Book Publishing RECOMMENDATION $ 7,850 9,600 12,500 8,400 -11,4 00 The recommendation is to enter into a contract with Sterling Codifiers, Inc. for recodification services in the amount of $7,580 based on their bid being the lowest and the company's familiarity with the present supplemental update service which has been satisfactory. • I • • I n - Total Coat/I' £at. C 1. • $7,850 600 pagea includea Charter , Index Code proviaione, Index and Binder• $12. 50 S aonths Draft, ordinance liat and ordirua.nce reataM: l aont.ha Chang••, Index , Printing l 5 -$1 • 87 /aanhour • • • 0 BIDS FOR Rl!:CODIFICATION -100 copies General Code $9,600 S 16. 00 credit or addl. charge if fever or acre Cover• c an be prepared in City'• color• wlth ... 1 appearing on the front , apina for $500.00 Municipal Code $12,500 100 copiea, 25 binder• Additional binden in lotJI of 25 at $10 each, atandard taba at no charge, special tab• $0.18 each Pa)'98Jlt ia in inatallaenta Depend• on Aa:>unt of type per page-exceaa page• ere priced according to ai&e of page-the larger the page the higher the price 1 year excluding t1-required tor review of proof• Bid band on par page rate which inc ludea var iou.1 coat factoca. Not c-ted aolaly on the aan- hour• to ba uaed for the project. Coat rangH trc. $15.00 to $60 .00 per aanhour apent on projec . Book Publishing $8,,00 (Bid JI. which 8 1/2 X 11 of 300 p&qea, extra pagea or credit l leH page• $28. 00) $11, ,oo (Bid B which 6 1/2 x 9 of 600 pages , utr a page a or credit leH pagH $19.00) Binders $12. 75 each, provide tabs for a&in section.a only, aupple- aental eervicH Bid A $100/&M plua $23.00 a page Bid B $100/ ann . plua $1 . 00 a pg IIO charge for blank p age 6 -12 aont.ha luppl-.nta c»lt la on • per pa • baeie vith no aMual aln1-charge. • - • • • • • RESOLUTIO!l NO.~ SERIES OF 1982 A RESOLUTION AMENDING THE GENERAL FUND. WHEREAS, the City Council of the City of Englewood, has authorized the Department of Libraries to enter into a contract for $16,815 with RWG Consultants, Inc., to perform consulting services for an automated management system for the Library; and WHEREAS, an amount of $6,956 remains from a previous year encumbrance that is now available for use in above said consulting services; and WHEREAS, the budget for the Library already contains a $5,000 appropriation for consulting services requiring the balance of $11,815 to be appropriated. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Englewood, Colorado, as follows: ATTEST: Section 1. The following appropriation is hereby made in the General Fund. Source of Funds Prior year encllllbrance (Liquidate) General Fund Balance Total Appropriation Library Consulting Services Section 2. $ 6,956 4,859 $11,815 $11,815 The City Manager and Director of Finance are hereby authorized to make the above changes to the 1982 Budget of the City of Englewood. ADOPTED AND APPROVED THIS __ day of ____ , 1982. Eugene L. Otis, Mayor ex officio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Engl ewood, Colorado, do hereby certify that the above and foregoing is a true, ccurate and complete copy of Resolution No .~-· Series of 1982 . G ry R. Hit1bee • I • •