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Home My WebLink About1982-07-06 (Regular) Meeting Agenda. - • • • • City Council Meeting -Regular July ;(, 1982 6 • • - CITY COUNCIL ME ETING July 6 , 1982 RESOLUTION# :}2, 33 , 34 , 35 , 36 ORDINANCE i29, 30, 31 , 32 , 33 • 0 I • • • REGULAR MEETING: • • • COUNCIL CHAMBERS City of Englewood, Colorado July 6 , 1982 lb The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on July 6, 1982, at 7:30 p.m. Mayor Otis, presiding, called the meeting to order. The invocation was given by Council Member Thomas Fitz- patrick. The pledge of allegiance was led by Boy Scout Troops No. 115 and 154. Mayor Otis asked for roll call. Upon a c all of the roll, the following were present: Council Members Higday, Neal, Fitzpatr ick , Weist, Bilo, Bradshaw, Otis. Absent: None. The Mayor de clared a quorum present. * * * • * * • Also present we re: City Manager Mc cown * • Assistant City Man ager Vargas Assistant City Attorney Holland Director of Public Works Waggoner Director of Utilities Fonda Director of Parks and Recreation Romans Assistant Director of Parks and Recreation Kuhn D puty City Clerk Watkins • • * * * COUNCIL MEMBER FITZPATRICK MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF JUNE 21, 1982. Council Member Silo seconded th motion. Upon a call of th roll, the vote resulted as follows: Ayes: N ys: Council Memb rs Higday, Fitzpatrick, w 1st, Bilo, Bradsh w, Otis. Non • • I • • • • • • July 6, 1982 Page 2 Abstain: Council Membe r Neal. The Mayor declared the moti on c arried. * * * * * * * There were no pre-scheduled visitors. * * * * * * * There were no other visitors. * * * * * * * were: "Communications -No Act ion Re com mended" on the agenda (a) (b) (c) (d) Minutes of the Board of Career Service Com- missioners meeting of May 20 , 1982. Minutes of the Wate r and Se we r Board special meeting of June 5 , and regular meet i ng of June 8, 1982. Minu tes of the Planning and Zoning Commission meeting of June 8, 1982. Municipal Court Activity Report for the month of May, 19 82. COUNCIL MEMBER BRADS HAW MOVED TO ACCEPT NO ACTION RECOMMENDED" AGENDA ITEMS S(A) -S(D). Fitzpatrick seconded the motion. Upon a call of resulted as follows: "COMMUNICATI ONS - Council Member the roll, the vote h ban nd Ayes: Council Members Higday, Neal, Fitzpatr ick, Weist, Bilo, Bradshaw, O is. Nays: None. The Mayor declared the motion carried. * * * * * * Ci y M nager Mcco wn pres nt d Council Parka and Recr ation Com mission concerning dges, Inc. or fund raising for h purpo bik rail s hrou h Pl • Riv r G·eenway. • * Communication from cont rac wi h Ur- of d veloping hik I • • • • July 6, 1982 Page 3 • • • Director of Parks and Recreati o n Roman s and Assista nt Di- re c tor Kuhn appeared before Council to d i scuss the proposa l . Mr. Romans stated the proposal regards the possi bi l i t y o f joini ng the Denver Greenway and South Suburban Metro Recreati o n and Park Dis- trict in retaining Urban Edges, Inc. to do a trail design from Den - ver city limits to Chatfield Dam. Mr. Romans stated Urba n Edges, Inc. is an engineering consultant and fund raising f irm tha t spe - cializes in this type of project. Mr. Romans stated the propos e d trail will be constructed of concrete rather than granite fines as originally planned. The cost of the concrete trail wou l d be $640,000 and includes the portion committed to by the U. S . Co rps of Engineers. The City's share would be approx i mate l y $100 ,00 0 - $125,000. The proposal includes a trail on the Golf Course wh i ch was not included earlier. Mr. Romans reiterated the City had orig i nally planned to build a trail not as elaborate which wa s t o be made of granite fines for an amount of $20,000 -$26,000. Mr. Romans recommended the Ci ty enter into the contract with Urban Edges, Inc. for a one-year period to ass i st the City in se c u ri ng pr i vate sector funds for t he constru c t i on of a concret e h i k e/bi k e tra i l from West Oxford to West Hampden Avenue. Mr. Romans po i nted out the t r ail and ac ce ss or y area s on a d aw in g that are proposed for the pro j ec t . In response to Council's questions, Assistant Di r ector Kuhn s tated the origina l granite fi n e trail would cost $20 ,000 and wi t h a d d it ional improveme n ts the t o tal c ost would be appr o x imately $70 ,0 0 0 . Council Memb e r Ne a l expre ssed co n ce rn s abo u t committing th City to t h ese costs if th e u. s . Co rps o f Eng in e ers decided not to do the pr oject . Cou n cil Memb e r Bilo as ke d t h e Assistant City Attorney o investigate the contract provision wherein Urban Edges will re- ceive a percentage of all funds raised. COUNCIL MEMBER BRADSHAW MOVED TO DIRECT THE CITY ATTORNEY TO PREPARE A CONTRACT FOR COUNCIL'S REVIEW CONSISTENT WITH URBAN EDGES, INC .'S PROPOSAL AND THE COMMITTMENT FROM THE U. S. CORPS OF ENGINEERS AND IN LINE WITH THE CITY CHARTER. Council Member Neal seconded the motion . Upon a call of the roll , the voter sult d as follows: Ay s: Nays: Council Members Higday, N 1, Fi zpatrick, Weist, Bilo, Bradsha w, Oti None. Th Mayor d cl rd h mo ion carri d • I • • - • • July 6, 1982 Page 4 * * * • • • * * * * City Manager Mccown presented a Council Communicati o n from the Water and Sewer Board and engineers of Black and Veatch con- cerning a contract with Black and Veatch. Director of Util i ties Fonda came forward and reviewed the the contract. Mr. Fonda stated Black and Veatch would review the Sewer Fund and develop a cash flow analysis. Mr. Fonda stated Black and Veatch would be looking at dollars in a cash flow not at rate structure. The analysis would show the revenues required to main - tain Englewood's existing bond rating and the increase in existing revenues which would be required to produce this income. Mr. Fonda stated the engineer would also develop much of the background in- formation necessary to form an initial opinion as to whether or no t a rate base exists which would justify a differential in charges between inside and outs i de City customers. Mr. Fonda stated the fee for developing the analysis would be $13,500. Mr. Fonda stated the firm would do an additional study to review proposed new con- tracts for service to the districts for $2,000. Council Member Neal asked staff to take a look at the way rates are charged. Mr. Neal stated the tax courts have ruled in- terest payments are tax deductible but the O&M payments or servic- ing fees are not. Mr. Neal asked if there was some way to ad just the rate structure to get interest payments into the rates and then citizens of Englewood or any of the districts would be ab l e to de- duct that portion of their fees that represent interest on bond s . COUNCIL MEMBER NEAL MOVED TO DIRECT THE CITY MANAGER TO CONTRACT WITH BLACK AND VEATCH TO COMPLETE THE DESCRIBED WORK ON PHA SE I AND TO REVIEW NEW CONTRACTS TO SERVICE DISTRICTS FOR AN AMOUNT NOT TO EXCEED $15,500. Council Member Fitzpatrick seconded the motion. Upon a call of the roll , the vote resulted as follow s: Ayes: Nays: Council Member s Higday, Neal, Fitzpatr ick, Wei st , Bilo , Bradshaw , Otis . Non • The Mayor declared the motion carried. ORDINANCE NO. 29 SERIES OF 1982 * * * * BY AUTHORITY * * * COUNCIL BILL NO. 22.1 I NTR ODUCED BY COUNCIL MEMB ERS NEAL /BRADSHAW • I • • July 6, 1982 Page 5 • • • AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF ENGLEWOOD BY REPEALING AND RE-ENACTING SECTION 22.7 THERE- OF TO REVISE THE SIGN CODE CONTAINED THEREIN. COUNCIL MEMBER NEAL MOVED TO PASS COUNCIL BILL NO. 22.1, SERIES OF 1982, ON FINAL READING. Council Member Bradshaw sec- onded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Weist, Bile, Bradshaw, Otis. None. The Mayor declared the motion carried. COUNCIL MEMBER BRADSHAW MOVED TO ADOPT THE FINDINGS OF FACT IN RELATION TO REPEALING SECTION 22.7 AND ADOPTING A NEW SEC- TION 22.7 OF THE COMPREHENSIVE SIGN CODE. Council Member Fitz- patrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, F it zpatrick, Weist, Bile, Bradshaw, Otis. None. The Mayor declared the motion carried • ORDINANCE NO. 30 SERIES OF 1982 • • • • BY AUTHORITY • • • COUNCIL BILL NO. 34.l INTRODUCED BY COUNCIL MEMBER FITZPATRICK AN ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF INDUSTRIAL DE- VELOPMENT REVENUE BONDS, SERIES (U.S. INDUSTRIES, INC. PROJECT) IN THE AGGREGATE PRINCIPAL AMOUNT OF $2,200,000 TO FINANCE A PROJECT FOR U.S. INDUSTRIES, INC.; RATIFYING CERT AIN ACTION HERETOFORE TAKEN; AUTHORIZING THE EXECUTION AND DELIVERY BY THE CITY OF A FI - NANCING AGREEMENT, AN INDENTURE OF TRUST, SUCH BONDS AND CLOSI NG DOCUMENTS IN CONNECTION THEREWITH; MAKING DETERMINATIONS AS TO THE SUFFICIE NCY OF REVENUES AND AS TO OTHER MATTER S RELATED TO THE PRO - JECT; AND REPEALING ACTION HERETOFORE TAKEN IN CONFLICT HEREWITH. COUNCIL MEMBER FITZPATRICK MOVED TO PASS COUNCIL BILL I • • July 6, 1982 Page 6 • • • NO. 34.1, SERIES OF 1982, ON FINAL READING. Coun ci l Member Bi l o seconded the motion. Upon a call of the ro ll , the vote resulted a s follows: Ayes: Nays: Council Members Higday, Nea l , F i tzpa t rick, Weist, Bilo , Bradshaw, Otis. None. The Mayor declared the motion carried. RESOLUTION NO. 32 SERIES OF 1982 * * * * * * * A RESOLUTION ESTABLISHING FEES FOR THE USE OF THE ENGLEWOOD ANIMAL SHELTER. COUNCIL MEMBER FITZPATRICK MOVED TO PASS RESOLUTION NO. 32 SERIES OF 1982. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. The Mayor d eclared the motion carried. * * * * * * * Assistant Ci ty Attorney Holland requested appr ov a l t o p ro- ceed with the ma t t e r s wh ic h are necessary to reque s t t h e Colo r ado Supre me Court t o e x ercis e its d iscret i on to review th e decision of the Court o f Appeals in the case of Rich vs t h e City of Engle wood (water to wer). COUNCIL ME MBER FITZPATRICK MOVED TO AP PRO VE MR. HOLLAND'S REQUEST TO P ROCEED WIT H THE T HREE ALTE RNA TIVES AN D TO ADD TO THEM THE I NVESTIGATION OF CO MPLIANCE LAND . Council Member Bradsha w seconded the motion. Upon a call of the roll , the vote resulted as follo ws: Ayes: Nays: Council Members Hi g day , Ne a l , F itzpatrick , W 1st , Bilo , Bradsha w, Otis . Non. Th M yor d clared the motion carri d. I • • July 6, 1982 Page 7 • • • • • • • • • • City Manager Mccown presented a Council Communication from his o ff i ce concerning the award of construction contract for Paving Dis tr i ct No. 28/0verlay Program 1982. Director of Public Works Waggoner appeared before Council and reviewed the bids. Mr. Waggoner stated the bids received were we ll below the engineer's estimate. Mr. Waggoner recommended a- war di ng the bid to Peter Kiewit Sons' Company, the low bidder. Mr. Wa ggoner stated this company has done good work in the past and was a reputable company. Council Member Neal asked if the savings on this project could be applied to do more streets. Director Waggoner stated the savings could be added to the o verlay program. Council Member Bilo recommended returning the savings t o t he c itizens. COUNCIL MEMBER FITZPATRICK MOVED TO AWARD THE CONSTRUCTION CONTRACT FOR PAVING DISTRICT NO. 28/0VERLAY PROGRAM 1982 TO PETER KIEWIT SONS' COMPANY IN THE AMOUNT OF $512,757.60. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows1 Ayes: Nay s : Counc i l Members Higday, Neal, Fitzpatrick, Weist, Bradshaw, Ot is . Co un cil Memb er Bilo . Th e Ma y o r de cl ar ed t he motion c a rri ed • • • • • • • • City Manager Mccown pr s nted a Council Communication from th Departmen of Community O velopm nt concerning an out-of-state ravel request. Mr. Mcco wn stated the requ st is for the Housing Administrator to attend the Hou ing Management Certification Train- ing Program in Oklahoma City. Mr. Mccown stated the certification is required by HUD for manag rs of ov r 75 units of lo w-rent public housing. Mr. Mcco wn stated exp ns would be paid out of the Housing Authori y Fund. COU NCIL MEMBER NEAL MOVED TO APPROVE THE OUT-OF-STATE TRAVEL REQUEST . Council Me mber Fitzp tricks conded the motion. Upon c 11 of the roll , the vote resulted as follo ws: I • • • July 6, 1982 Page 8 Ayes: Nays: • • • Council Members Higday, Neal, Fitzpatrick, Weist, Silo, Bradshaw, Otis. None. The Mayor declared the motion carried • • • • • • • • COUNCIL MEMBER BRADSHAW MOVED TO SET A SPECIAL MEETING ON JULY 12, 1982, AT 7:30 P.M. FOR THE PURPOSE OF SALE OF PAVING DIS- TRICT NO. 28 BONDS. Council Member Fitzpatrick seconded the mo- tion. Upon a call of the roll, the vote resulted as follows: Ayes: Nay s : Council Members Higday, Nea l , F i tzpatrick, Weist, Silo, Bradshaw, Ot i s. None. The Ma y o r declared the mot io n c a rried. City Man ager Mccown requeste d a study s ssion on Jul y 12 , 1982, at 5:00 p.m. to discuss downtown developiDent • • • • • • • • COU NCIL MEMBER FITZPATRICK MOVED TO ACCE PT WITH RE GRET THE RESIG NA TION OF LEO NARD CHESLER FROM THE COU RT ADVISO RY CO MMITTE E . Council M mber Neal seco nded t he motion. Upon a c a ll of the r oll , he vote resulted as follo ws : Ay es: Nays: Council H mbers Higday , Neal , F itz p at r ic k, Weist , Silo , Bradsha w, Otis . None. Th M yor declared the motion carried . Council instruct d staff to send a letter of cknowledge- ment to Mr. Chesl r. • • • • • • • Council M mb r Br dsh w asked th t any informa ion the City had on Urban Edges, Inc. b sent to Mr . Carroll Kirkham at Sh ridan Ci y Council. • • • • • • • I • • - • • July 6, 1982 Page 9 • • • Discussion ensued concerning a request to set up a joint meet i ng with the City of Sheridan on topics of general concern. Council decided further discussion would be scheduled a t the next Monday study session. * * * * * * * There was no further business to be discussed. * * * * * * * COUNCIL MEMBER HIGDAY MOVED TO ADJOURN. Mayor Otis adjourned the meeting without a vote at 8:50 p.m • • I • • • REGULAR MEETING: • • • COUNCIL CHAMBERS City of Englewood, Colorado July 6, 1982 lb The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on July 6, 1982, at 7:30 p.m. Mayor Otis, presiding, called the meeting to order. The invocation was given by Council Member Thomas F itz- patrick. The pledge of allegiance was led by Boy Scout Troops No. 115 and 154. Mayor Otis asked for roll call. Upon a call of the roll, the following were present: Council Member s Hi gday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. Absent: None. The Mayo r declared a quorum present. * * * * * * * Also present were: City Manager Mccown * * Assistant City Manager Varga s Assistant City Attorney Holland Director of Publi c Works Wagg oner Director of Utilities Fonda Director of Parks and Recrea tion Romans Ass istant Director of Parks and Recreation Kuhn Deputy City Cl rk Watkins * * * * * COU NCIL MEMBER FITZPATRICK MOVED TO APPROVE THE MINUTE S OF THE REGULAR MEETING OF JUNE 21, 1982. Council Memb er Silo second d the motion. Upon a call of th roll, the vote resulted as follows: Ayes: Nay : Council M•~b rs Higd y, Fitzpatrick, Weist, Silo, Bradshaw, Otis. Non • • I • • • • • - July 6, 1982 Page 2 Abstain: Council Member Neal. The Mayor declared the motion carried. * * * * * * * There were no pre-scheduled visitors. * * • * * * • There were no other visitors. * * * * * * • "Communications -No Action Recommended" on the agenda were: (a) (b ) (c) (d) Minutes of the Board of Career Service Com- missioners meeting of May 20, 1982. Minutes of the Water and Sewer Board s pe c i al meeting of June S, and regular me et ing of June 8, 1982. Mi nutes of the Planning and Zoning Co mm ission mee i ng of J une 8, 1982. Mu nici pa l Co ur t Activity Report for the month of May , 1 98 2 . COU NCIL MEMBE R BRAD S HAW MOVED TO ACCEPT NO ACTION RECO MM ENDED • AGE NDA I TEMS S(A) -5(0). Fitzpatrick seconded th motion . Upon a c all of resulted as follo ws: •coMMUN IC AT IO NS - Co unc i 1 M mb r t h e roll , the voe the b n nd Ayes: Council Members Higday , Ne a l , Fitzpatrick, Wist , Bllo, Bradsha w, O is. N•ys: None. The Mayor d clared the motion carried . • • • • • • Ci y M nager Mccown pres nted a Council Parka •nd Recreation Co ml aion cone rning a dges, Inc. for fund raising or the pur pos bike r•ila hrough Pl tte River Grenway . • • Communication rom con rac wi h Ur- of developing hike I • • • ~ • July 6, 1982 Page 3 • • - Director of Parks and Recreation Romans and Assistant Di - rector Kuhn appeared before Council to discuss the proposal. Mr. Romans stated the proposal regards the possibility of joi n ing t he Denver Greenway and South Suburban Metro Recreation and Park Dis- trict in retaining Urban Edges, Inc. to do a trail design from Den - ver city limits to Chatfield Dam. Mr. Romans stated Urban Edges, Inc. is an engineering consultant and fund raising firm that spe - cializes in this type of project. Mr. Romans stated the proposed trail will be constructed of concrete rather than granite fines as originally planned. The cost of the concrete trail would be $640 ,00 0 and includes the portion committed to by the u. S. Corps of Engineers. The City's share would be approximately $100,000 - $125,000. The proposal includes a trail on the Golf Course which was not included earlier. Mr. Romans reiterated the City had originally planned to build a trail not as elaborate which was to be made of granite fines for an amount of $20,000 -$26,000. Mr. Romans recommended the City enter into the contract with Urban Edges, Inc. for a one-year period to assist the City i n securing private sector funds for the construction of a concrete hike/b i k e tra i l from West Oxford to West Hampden Avenue. Mr. Romans pointed o ut the tra i l and ac c e sso ry a rea s o n a d aw i ng that are proposed for the project. I n response to Council's questions, Assistant Dire c t or Kuhn s tated the original granite fine trail would cost $2 0,000 a n d with add it ional improvements the total cost would be approx i mat ely $70 ,000 . Council Member Nea l e xpre sse d co n c erns a bo u t c omm itting he City to th ese cos t s if t h e u. S . Co rps of Eng i neer s de cided no o do the pr oject . Cou n c il Memb e r Bilo a s k ed the Assis tan t City Att o r ney o investigate th e co ntra ct pro v ision whe r ei n Urban Edges will re- ceive a percentage of all fu nds raised. COU NCIL MEM BER BRADS HAW MOVED TO DIRECT THE CITY ATTORNEY TO PREPARE A CO NTRA CT FOR COU NCIL'S RE VIEW CO NSISTE NT WITH URBAN EDGES , INC .'S PROPOSAL AND THE CO MM ITTMENT FRO M THE U. S. CORPS OF ENGINEERS AND IN LI NE WITH THE CITY CHA RTE R. Council Me mber Neal second d the motion. Upon a call of the roll , the vote resulted as follows: Ayes: Council M mb rs Higday, N al , Fitzpa rick , w is , Bilo , Bradsha w, o is. Nays: Non Th M ~r d cl r d h mo ion c rri d. • I • • • It • July 6, 1982 Page 4 * * * * • • • * * * City Manager Mccown presented a Council Communication from the Water and Sewer Board and engineers of Black and Veatch con- cerning a contract with Black and Veatch. Director of Utilities Fonda came forward and reviewed the the contract. Mr. Fonda stated Black and Veatch would review the Sewer Fund and develop a cash flow analysis. Mr. Fonda stated Black and Veatch would be looking at dollars in a cash flow not at rate structure. The analysis would show the revenues required to main- tain Englewood's existing bond rating and the increase in existing revenues which would be required to produce this income. Mr. Fonda stated the engineer would also develop much of the background in- formation necessary to form an initial opinion as to whether or not a rate base exists which would justify a differential in charges between inside and outside City customers. Mr. Fonda stated the fee for developing the analysis would be $13,500. Mr. Fonda stated the firm would do an additional study to review proposed new con- tracts for service to the districts for $2,000. Council Member Neal asked staff to take a look at the way rates are charged. Mr. Neal stated the tax courts have ruled in- terest payments are tax deductible but the O&M payments or servic- ing fees are not. Mr. Neal asked if there was some way to adjust the rate structure to get interest payments into the rates and then citizens of Englewood or any of the districts would be able to de- duct that portion of their fees that represent interest on bonds. COUNCIL MEMBER NEAL MOVED TO DIRECT THE CITY MANAGER TO CONTRACT WITH BLACK AND VEATCH TO COMPLETE THE DESCRIBED WORK ON PHASE I AND TO REVIEW NEW CONTRACTS TO SERVICE DISTRICTS FOR AN AMOUNT NOT TO EXCEED $15,500. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, F itz patr ick, Weist, Silo, Bradshaw, Otis. None. The Mayor declared the motion carried. ORDI NANCE NO. 29 SERIES OF 1982 * * * * BY AUTHORITY * * * COUNCIL BILL NO. 22.1 INTRODUCED BY COUNCIL MEMBERS NEAL /BRADSH AW • I • • • July 6, 1982 Page 5 • • - AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF ENGLEWOOD BY REPEALING AND RE-ENACTING SECTION 22.7 THERE - OF TO REVISE THE SIGN CODE CONTAINED THEREIN. COUNCIL MEMBER NEAL MOVED TO PASS COUNCIL BILL NO. 22 .1, SERIES OF 1982 , ON FINAL READING. Council Me mber Bradshaw sec- onded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. COUNCIL MEMBER BRADSHAW MOVED TO ADOPT THE FINDINGS OF FACT IN RELATION TO REPEALING SECTION 22.7 AND ADOPTING A NEW SEC- TION 22.7 OF THE COMPREHENSIVE SIGN CODE. Council Member Fitz- patrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the mot ion car r ied. ORDINANCE NO. 30 SERIES OF 1982 * * * * BY AUTHORITY * * * COUNCIL BILL NO. 34.1 INTRODUCED BY COUNCIL MEMBER FITZPATRICK AN ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF INDUSTRIAL DE- VELOPMENT REVENUE BONDS, SERIES (U.S. INDUSTRIES, INC. PROJECT) IN THE AGGREGATE PRINCIPAL AMOUNT OF $2,200,000 TO FINANCE A PROJECT FOR U.S. INDUSTRIES, INC.; RATIFYING CERTAIN ACTION HERETOFORE TAKEN; AUTHORIZING THE EXECUTION AND DELIVERY BY THE CITY OF A FI- NANCING AGREEMENT, AN INDENTURE OF TRUST , SUCH BONDS AND CLOSING DOCUMENTS IN CONNECTION THEREWITH; MAKING DETERMINATIONS AS TO THE SUFFICIENCY OF REVENUES AND AS TO OTHER MATTERS RELATED TO THE PRO- JECT; AND REPEALING ACTION HERETOFORE TAKEN IN CONFLICT HEREWITH. COUNCIL MEMBER FITZPATRICK MOVED TO PASS COUNCIL BILL I • • • July 6, 1982 Page 6 • • - NO. 34.1, SERIES OF 1982, ON FINAL READING. Council Member Silo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. RESOLUTION NO. 32 SERIES OF 1982 * * * * * * * A RESOLUTION ESTABLISHING FEES FOR THE USE OF THE ENGLEWOOD ANIMAL SHELTER. COUNCIL MEMBER FITZPATRICK MOVED TO PASS RESOLUTION NO. 32 SERIES OF 1982. Council Member Silo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Fitzpatrick, Weist, Silo, Bradshaw, Otis. Nays: None. The Mayor declared the motion carried. * * * * * * * Assistant City Attorney Holland requested approval to pro- ceed with the matters which are necessary to request the Colorado Supreme Court to exercise its discretion to review the decision of the Court of Appeals in the case of Rich vs the City of Englewood (water tower). COUNCIL MEMBER FITZPATRICK MOVED TO APPROVE MR. HOLLAND'S REQUEST TO PROCEED WITH THE THREE ALTERNATIVES AND TO ADD TO THEM THE INVESTIGATION OF COMPLIANCE LAND. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Memb rs Higday, Neal, Fitzpatrick, Weist, Silo, Bradshaw, Otis. Nays: None. The Mayor d clared th mo ion carried. I • • - July 6, 1982 Page 6 • • • NO. 34.1, SERIES OF 1982, ON FINAL READING. Council Member Bilo seconded the motion. Upon a c a ll of the roll, the vote resulted as follows: Ayes: Nays: Counci l Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. RESOLUTION NO. 32 SERIES OF 1982 * * * * * * * A RESOLUTION ESTABLISHING FEES FOR THE USE OF THE ENGLEWOOD ANIMAL SHELTER. COUNCIL MEMBER FITZPATRICK MOVED TO PASS RESOLUTION NO. 32 SERIES OF 1982. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. The Mayor decla red the motion carried. * * * * * * * Assistant City Attorney Holland reques ted approval to pro - ceed with the matters wh ich are necessary to request the Colorado Supreme Court to exercise its discretion to review the decision of the Court of Appeals in the case of Rich vs the City of Englewood (water tow r). COUNCIL MEMBER FITZPATRICK MOVED TO APPROVE MR. HOLLAND'S REQUEST TO PROCEED WITH THE THREE ALTERNATIVES AND TO ADD TO THEM THE INVESTIGATION OF COMPLIANCE LAND. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follo ws: Ay s: Nay Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradsha w, Otis. None. The May or declared the motion carried • • I • • July 6, 1982 Page 7 • • • • • • • • • • City Manager Mccown presented a Council Communication from his office concerning the award of construction contract for Paving District No. 28/0verlay Program 1982. Director of Public Works Waggoner appeared before Council and reviewed the bids. Mr. Waggoner stated the bids received were well below the engineer's estimate. Mr. Waggoner recommended a- warding the bid to Peter Kiewit Sons' Company, the low bidder. Mr. Waggoner stated this company has done good work in the past and was a reputable company. Council Member Neal asked if the savings on this project could be applied to do more streets. Director Waggoner stated the savings could be added to the overlay program. Council Member Bilo recommended returning the savings t o the citizens. COUNCIL MEMBER FITZPATRICK MOVED TO AWARD THE CONSTRUCTION CONTRACT FOR PAVING DISTRICT NO. 28/0VERLAY PROGRAM 1982 TO PETER KIEWIT SONS' COMPANY IN THE AMOUNT OF $5 1 2,757.60. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Na y s: Counc il Members Higday, Neal, Fitzpatri c k, We i s t , Bradshaw, Ot is . Council Membe r Bilo . The Mayor decla r ed the motion carried • • • • • * * • City Manager Mccown presented a Council Co mmunication from the Department of Community Development concerning an out-of-state travel request. Mr. Mccown stated the r quest is for the Housing Administrator to attend the Housing Management Certification Train- ing Program in Oklahoma City . Mr. Mccown stated the ce r tification is required by HUD for manag rs of over 75 units of lo w-r ent public housing . Mr. Mcco wn stated xpenses would be paid out of the Housing Authority Fund. COUNCIL MEMBER NEAL MOVED TO APPROVE THE OUT-O F-STATE TRAVEL REQUEST. Council Member Fitzpatrick co n ded the motion. Upon a call of th roll, the vot r sulted s follo ws: I • • - • • July 6, 1982 Page 8 Ayes: Nays: • • • Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried • • • • • • • • COUNCIL MEMBER BRADSHAW MOVED TO SET A SPECIAL MEETING ON JULY 12, 1982, AT 7:30 P.M. FOR THE PURPOSE OF SALE OF PAVING DIS- TRICT NO. 28 BONDS. Council Member Fitzpatrick seconded the mo- tion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the mot i on carried. City Manager Mccown requested a study session on July 1 2, 1982, at 5:00 p.m. to discuss downtown development • • • • • • • • COUNCIL MEMBER FITZPATRICK MOVED TO ACCEPT WITH REGRET THE RESIGNATION OF LEONARD CHESLER FROM THE COURT ADVISORY COMMITTEE. Council Member Nea l se c onded the motion. Upon a c all of t he roll, the vote resu l ted a s follows: Ayes: Na y s: Co un c i l Member s Higday, Neal, F i tzpatr ic k, We i st, Bi lo, Bradshaw, Oti s . None. The Mayor declared the motion carried. Council instructed staff to send a letter of acknowledge- ment to Mr. Chesler . • • • • • • • Council Member Bradsha w ask d that any information the City had on Urban Ed g es , Inc . bes nt to Mr . Carroll Kir k ham at Sheridan City Council . • • • • • • • I • - • • July 6, 1982 Page 9 • • • Discussion ensued concerning a request to set up a joint meeting with the City of Sheridan on topics of general concern. Council decided further discussion would be scheduled at the next Monday study session. * * * * * * * There was no further business to be discussed. * * * * * * * COUNCIL MEMBER HIGDAY MOVED TO ADJOURN. Mayor Otis adjourned the meeting without a vote at 8:50 p.m. • I • • REGULAR MEETING: • • • COUNCIL CHAMBERS City of Englewood, Colorado July 6, 1982 lb The City Council of the City of Englewood, Arapahoe County , Colorado, met in regular session on July 6, 1982, at 7:30 p.m. Mayor Otis, presiding, called the meeting to order. The invocation was given by Council Member Thomas Fitz - patrick. The pledge of allegiance was led by Boy Scout Troops No. 115 and 154. Mayor Otis asked for roll call. Upon a call of the roll, the following were present: Council Members Higday, Neal, Fitzpatrick, Weist, Bile, Bradshaw, Otis. Absent: None. The Mayor declared a quorum present • • • • • • • • Also present were: City Manager Mccown • • Assistant City Manager Vargas Assistant City Attorney Holland Director of Public Works Waggoner Director of Utilities Fonda Director of Parks and Recreation Romans Assistant Director of Parks and Recreation Kuhn Deputy City Clerk Watkins • • • • • COUNCIL MEMBER FITZPATRICK MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF JUNE 21, 1982. Council Member Bile seconded the motion. Upon a call of th roll, the vot resulted as follows: Ayes: Nay s : Council Memb rs Higday, itzpatrick, W 1st, Bilo, Bradshaw, Otis. Non • • I • • • • July 6, Page 2 were: • • • 1982 Abstain: Council Member Neal. The Mayor declared the motion carried. * * * * * * * There were no pre-scheduled visitors. * * * * * * • There were no other visitors. * * * * * * * "Communications -No Action Recommended" on the agenda (a) (b) (c) (d) Minutes of the Board of Career Service Com- missioners meeting of May 20, 1982. Minutes of the Water and Sewer Board s pe cial meeting of June 5, and regular mee ti ng of June 8, 1982. Minutes of the Planning and Zoning Commission meeting of June 8, 1982. Municipal Court Activity Report for the month of May, 1982. COUNCIL MEMBER BRADSHAW MOVED TO ACCEPT NO ACTION RECOMMENDED" AGENDA ITEMS 5(A) -5(0). Fitzpatrick seconded the motion. Upon a call of resulted as follows: "COMMUNICATIONS - Co uncil Memb e r the roll, the vote th ban and Ay es: Nays: Council Memb ers Higday, Nea l, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * • * * * * City Ma nager Mccown pres nt d a Counc 11 Communication Parks and R er ation Commis ion concerning a contract with Edges , Inc. for fund raising for the purpo s e of developing bike trails through Platte Riv r Greenway. from Ur - hike I • • July 6, 1982 Page 3 • • • Director of Parks and Recreation Romans and Assi s ta nt Di- rector Kuhn appeared before Council to discuss the proposa l. Mr. Romans stated the proposal regards the possibility of joining the Denver Greenway and South Suburban Metro Recreation and Park Dis- trict in retaining Urban Edges, Inc. to do a trail design fr om Den- ver city limits to Chatfield Dam. Mr. Romans stated Urban Edges, Inc. is an engineering consultant and fund raising firm that s pe - cializes in this type of project. Mr. Romans stated the proposed trail will be constructed of concrete rather than granite fines as originally planned. The cost of the concrete trail wou ld be $640,000 and includes the portion committed to by the U. s. Co rps of Engineers. The City's share wou ld be approximately $100,000 - $125,000. The proposal includes a trail on the Golf Course whi c h was not included earlier. Mr. Romans reiterated the City had originally planned to build a trail not as elaborate which was to be made of granite fines for an amount of $20,000 -$26,000. Mr. Romans recommended the City enter into the contract with Urban Edges, Inc. for a one-year period to assist the City in securing private sector funds for the construction of a concrete hike /bi k e trail from West Oxford to West Hampden Avenue. Mr. Romans pointed out the trail and accessory areas on a dr awing that are proposed for the project. In response to Council's questions, Assistant Dire cto r Kuhn stated the original granite fine trail would cost $20,000 and with add i tional improvements the total cost would be approximate ly $70,000. Council Member Neal expressed c oncerns about c omm itting the City to these costs if the U. S . Corps of Engineer s de ci ded not to do the project. Council Member Bilo asked the Assistant City Attorn e y o investigate the contract provision where in Urban Edges will re- ceive a percentage of all funds raised . COUNCIL MEMBER BRADS HAW MOVED TO DIRECT THE CITY ATTORNEY TO PREPARE A CONTRACT FOR COUNCIL 'S REVIEW CO NSISTENT WITH URBAN EDGES, INC .'S PROPOSAL AN D THE CO MM ITTMEN T FROM THE U. S. CORPS OF ENGINEERS AND IN LINE WITH THE CITY CHART ER . Council Member Neal seconded the motion. Upon a call of the r oll , the vote re sulted as follo ws: Ayes: Nays: Council Member s Higday, Neal, Fitzpa rick , W is , Bilo, Bradshaw, Otis. Non • Th H yor declared he motion c rri d • • I • - • July 6, 1982 Page 4 * * * * • • • * * * City Manager Mccown presented a Council Communication from the Water and Sewer Board and engineers of Black and Veatch con- cerning a contract with Black and Veatch. Director of Utilities Fonda came forward and reviewed the the contract. Mr. Fonda stated Black and Veatch would review the Sewer Fund and develop a cash flow analysis. Mr. Fonda stated Black and Veatch would be looking at dollars in a cash flow not at rate structure. The analysis would show the revenues required to main - tain Englewood's existing bond rating and the increase in existing revenues which would be required to produce this income. Mr. Fonda stated the engineer would also develop much of the background in- formation necessary to form an initial opinion as to whether or not a rate base exists which would justify a differential in charges between inside and outside City customers. Mr. Fonda stated the fee for developing the analysis would be $13,500. Mr. Fonda stated the firm would do an additional study to review proposed new con- tracts for service to the districts for $2,000. Council Member Neal asked staff to take a look at the way rates are charged. Mr. Neal stated the tax courts have ruled in- terest payments are tax deductible but the O&M payments or servic- ing fees are not. Mr. Neal asked if there was some way to adjust the rate structure to get interest payments into the rates and then citizens of Englewood or any of the districts would be able to de- duct that portion of their fees that represent interest on bonds. COUNCIL MEMBER NEAL MOVE D TO DIRECT THE CITY MANAGER TO CONTRACT WITH BLACK AND VEATCH TO CO MPLETE THE DESCRIBED WORK ON PHASE I AND TO REVIEW NEW CONTRACTS TO SERVICE DISTRICTS FOR AN AMOUNT NOT TO EXCEED $15,500 . Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Memb rs Higday, Neal, Fitzpatrick, w iat , Bilo, Bradshaw, Otis. None. The Mayor declar d the mo ion carried. ORDINANCE NO. 29 SERIES OF 1982 * * * * BY AUTHORITY * * * COUNCIL BILL NO. 22.l INTRODUCED BY COUNCIL MEMBER S NEAL/BRADSHAW • I • July 6, 1982 Page 5 • • • AN ORDINANCE AMENDING THE CO MPREHENS IVE ZONING ORDINANCE OF THE CITY OF ENGLEWOOD BY REPEALING AND RE -E NACTING SECTION 22.7 THERE - OF TO REVISE THE SIGN CODE CONTAINED THEREIN. COUNCIL MEMBER NEAL MOVED TO PASS COUNCIL BILL NO. 22.1, SERIES OF 1982, ON FINAL READING. Council Member Bradshaw sec- onded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Weist, Bile, Bradshaw, Otis. None. The Mayor declared the motion carried. COUNCIL MEMBER BRADSHAW MOVED TO ADOPT THE FINDINGS OF FACT IN RELATION TO REPEALING SECTION 22.7 AND ADOPTING A NEW SEC- TION 22.7 OF THE COMPREHENSIVE SIGN CODE. Council Member Fitz- patrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Weist, Bile, Bradshaw, Otis. None . The Mayor declared the motion carried. ORDIN AN CE NO. 30 SERIES OF 1982 * * * * BY AUTHORITY * * * COUNCIL BILL NO. 34.1 INTRODUCED BY COUNCIL MEMBER FITZPATRICK AN ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF INDUSTRIAL DE- VELOP MENT REVENUE BONDS, SERIES (U.S. INDUSTRIES , INC. PROJECT) IN THE AGGREGATE PRINCIPAL AMOUNT OF $2,200 ,000 TO FINANCE A PROJECT FOR U.S. INDUSTRIES, INC.; RATIFYING CERTAIN ACTION HERETOFORE TAKEN; AUTHORIZING THE EXECUTION AND DELIVERY BY THE CITY OF A FI- NANCING AGREEMENT, AN INDENTURE OF TRUST, SUCH BONDS ANO CLOSING DOCU MENT S IN CONNECTION THEREWITH; MAKING DETERMINATIONS AS TO THE SUFFICIE NCY OF REVENUES AND AS TO OT HER MATTERS RELATED TO THE PRO- JECT; ANO REPEALING ACTION HERETOFORE TAKEN IN CONFLICT HERE WITH. COUNCIL MEMBER FITZPATRICK MOVED TO PASS COUNCIL BILL • I • - • July 6, 1982 Page 6 • • • NO. 34.1, SERIES OF 1982, ON FINAL READING. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. RESOLUTION NO. 32 SERIES OF 1982 * * * * * * * A RESOLUTION ESTABLISHING FEES FOR THE USE OF THE ENGLEWOOD ANIMAL SHELTER. COUNCIL MEMBER FITZPATRICK MOVED TO PASS RESOLUTION NO. 32 SERIES OF 1982. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. Nays: None. The Mayor declared the motion carried. * * * * * * * Assistant City Attorney Holland requested approval to pro- ceed with the matters which are necessary to request the Colorado Supreme Court to exercise its discretion to review the decision of the Court of Appeals in the case of Rich vs the City of Englewood (water tower). COUNCIL MEMBER FITZPATRICK MOVED TO APPROVE MR. HOLLAND'S REQUEST TO PROCEED WITH THE THREE ALTERNATIVES AND TO ADD TO THEM THE INVESTIGATION OF COMPLIANCE LAND. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follo ws: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Weis , Bilo, Bradshaw, Otis. None. The Mayor declared th motion carried • I • • • July 6, 1982 Page 7 * * * * • • - * * * City Manager Mccown presented a Council Communication from his office concerning the award of construction contract for Paving District No. 28/0verlay Program 1982. Director of Public Works Waggoner appeared before Council and reviewed the bids. Mr. Waggoner stated the bids received were well below the engineer's estimate. Mr. Waggoner recommended a- warding the bid to Peter Kiewit Sons' Company, the low bidder. Mr. Waggoner stated this company has done good work in the past and was a reputable company. Council Member Neal asked if the savings on this project could be applied to do more streets. Director Waggoner stated the savings could be added to the overlay program. Council Member Bilo recommended returning the savings to the citizens. COUNCIL MEMBER FITZPATRICK MOVED TO AWARD THE CONSTRUCTION CONTRACT FOR PAVING DISTRICT NO. 28/0VERLAY PROGRAM 1982 TO PETER KIEWIT SONS' COMPANY IN THE AMOUNT OF $512,757.60. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Wei st , Bradshaw, Otis. Council Member Bilo. The Mayor declared the motion carried. * * * * * * * City Manager Mccown presented a Council Communication from the Department of Community Development concerning an out-of-state travel request. Mr. Mccown stated the request is for the Housing Administrator to attend the Housing Management Certification Train- ing Program in Oklahoma City. Mr. Mccown stated the certification is required by HUD for managers of over 75 units of low-rent public housing. Mr. Mccown stat d expenses would be paid out of the Housing Authority Fund. COUNCIL MEMBER NEAL MOVED TO APPROVE THE OUT-OF-STATE TRAVEL REQUEST. Council Member Fitzpatrick seconded the motion. Upon a c all of th roll, th vot re ulted as follows: I • • • July 6, 1982 Page 8 Ayes: Nays: • • • Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. • • • • • • • COUNCIL MEMBER BRADSHAW MOVED TO SET A SPECIAL MEETING ON JULY 12, 1982, AT 7:30 P.M. FOR THE PURPOSE OF SALE OF PAVING DIS- TRICT NO. 28 BONDS. Council Member Fitzpatrick seconded the mo- tion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. City Manager Mccown requested a study session on July 12, 1982, at 5:00 p.m. to discuss downtown development • • • • • • • • COUNCIL MEMBER FITZPATRICK MOVED TO ACCEPT WITH REGRET THE RESIGNATION OF LEONARD CHESLER FROM THE COURT ADVISORY COMMITTEE. Council Member Neal seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, F itzpatrick, Weist, Bilo, Bradshaw, Otis. None. The Mayor de~lared the motion carried. Council instructed staff to send a letter of acknowledge- ment to Mr. Chesler. • • • • • • • Council Member Bradshaw asked that any information the City had on Urban Edges, Inc. be sent to Mr. Carroll Kirkham at Sheridan City Council. • • • • • • • • I • • - • July 6, 1982 Page 9 • • • Discussion ensued concerning a request to set up a joint meeting with the City of Sheridan on topics of general concern. Council decided further discussion would be scheduled at the next Monday study session. * * * * * * * There was no further business to be discussed • * * * * * * • COUNCIL MEMBER HIGDAY MOVED TO ADJOURN. Mayor Otis adjourned the meeting without a vote at 8:50 p.m. • I • • I a --n - • REGULAR MEETING: • • • COUNCIL CHAMBERS City of Englewood, Colorado July 6, 1982 lb The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on July 6, 1982, at 7:30 p.m. Mayor Otis, presiding, called the meeting to order. The invocation was given by Council Member Thomas F i tz - patrick. The pledge of allegiance was led by Boy Scout Troops No. 115 and 154. Mayor Otis asked for roll call. Upon a call of the roll, the following were present: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. Absent: None. The Mayor declared a quorum present. * * * * * * * Also present were: City Manager Mccown * * Assistant City Manager Vargas Assistant City Attorney Holland Director of Public Works Waggoner Director of Utilities Fonda Director of Parks and Re c reat ion Romans Assistant Director of Parks and Recreation Kuhn Deputy City Clerk Watkins * * * * * COUNCIL MEMBER FITZPATRICK MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF JUNE 21 , 1982. Council Member Bilo seconded the motion. Upon a call of the roll, th vote resulted as follows: Ayes: Nay s: Council Memb ers Higday , Fitzpatrick, w iat , Silo, Bradshaw, Otis. Non e . I • • - • • • • Ju l y 6, 1982 Page 2 Abstain: Council Member Neal. The Mayor declared the motion carried . * * * * * * * There were no pre-scheduled visitors. * * * * * * * There were no other visitors. * * * * * * * "Communications -No Action Recommended" on the agenda were: (a) (b) (c) (d ) Minutes of the Board of Career Service Com - mi ssioners meeting of May 20, 1982. Minutes of the Water and Sewer Board s pe c i al meeting of June 5, and regular meeting o f June 8, 1982. Minutes of the Planning and Zoning Comm issi on meeting of June 8, 1982. Mun ici pa l Co ur t Ac t i v i ty Repo rt for t he month o f May, 198 2 . COU NCI L MEMBER BRAD SHAW MOVE D TO ACC EPT NO ACTIO N RECO MMENDE D" AGENDA I TEMS S(A) -S(D). Fitz p at r ic k second ed the motion . Upon a call of resulted as follo ws: "CO MMUN IC ATIO NS - Council Member the roll , the v oe th ban and Ayes: Council Members Higday , Neal , Fitzpatr ic k, Weist, Bilo, Bradsha w, Otis. Nays: None. The Mayor declared the motion carried. * * • * * * City Manager Mccown presented a Council Parks and Recreation Com mission concerning a Edg s, Inc . for fund raising for th purpos bik trails through Platt River Grenway. * Com munica ion from contract with Ur - of developing h i k I • • July 6, 1982 Page 3 • • - Director of Parks and Recreatio n Romans and Assistan t Di- re ctor Kuhn appeared before Council to discuss the proposal. Mr. Romans stated the proposal regards the possibility of joining the Denver Greenway and South Suburban Metro Recreation and Park Dis- trict in retaining Urban Edges, Inc. to do a trail design from Den- ver city limits to Chatfield Dam. Mr. Romans stated Urban Edges, Inc. is an engineering consultant and fund raising firm that spe- cializes in this type of project . Mr . Romans stated the proposed trail will be constructed of concrete rather than granite fines as originally planned. The cost of the concrete trail would be $640,000 and includes the portion committed to by the u. s. Cor ps of Engineers. The City's share would be approximately $100,000 - $125,000. The proposal includes a trail on the Golf Course which was not included earlier. Mr. Romans reiterated the City had originally planned to build a trail not as elaborate which was to be made of granite fines for an amount of $20,000 -$26,000. Mr. Romans recommended the City enter into the contract with Urban Edges, Inc. for a one-year period to assist the City in securing private sector funds for the construction of a concrete hike /bike trail from West Oxford to West Hampden Avenue. Mr. Romans pointed out the trail and accesso r y areas on a dr awing that are proposed for the pro jec t. In response to Council's questions, Assistant Director Kuhn stated the original gran ite fine trail wou l d cost $20 ,0 00 and with additional i mpr ovem ents the total cost would be approximately $70,000. Council Mem ber Neal expressed concerns about committing the City to these costs if the U. S . Corps of Engineers decided not to do the project. Council Member Bilo asked the Assistant City Attorney o i nvestigate the contrac provision wherein Urban Edges wi ll re- c e i ve a percentage of al l funds raised. COUNCIL MEMBER BRADSHAW MOVED TO DIRECT THE CITY ATT ORNEY TO PREPARE A CONTRACT FOR COUNCIL'S REVIEW CONSISTENT WITH URBAN EDGE S , INC.'S PROPOSAL AND THE COMMITTMENT FROM THE U. S . CORP S OF ENGINEERS AND IN LINE WITH THE CITY CHARTER . Council Member Neal s econded the motion. Upon a call of the roll , the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpa rick, Wist, Silo , Bradshaw, Otis. None. Th Mayor d clar d he mo io n c rried. I • • r, ..., July 6, 1982 Page 4 • • • • • • • • • • City Manager Mccown presented a Council Communicat ion f r om the Water and Sewer Board and engineers of Black and Veatch con - cerning a contract with Black and Veatch. Director of Utilities Fonda came forward and reviewed the the contract. Mr. Fonda stated Black and Veatch would review the Sewer Fund and develop a cash flow analysis. Mr. Fonda stated Black and Veatch would be looking at dollars in a cash flow not at rate structure. The analysis would show the revenues required to ma i n- tain Englewood's existing bond rating and the increase in existing revenues which would be required to produce this income. Mr. Fonda stated the engineer would also develop much of the background in- formation necessary to form an initial opinion as to whether or not a rate base exists which would justify a differential in charges between inside and outside City customers. Mr. Fonda stated th e fee for developing the analysis would be $13,500. Mr. Fonda stated the firm would do an additional study to review proposed new c on - tracts for service to the districts for $2,000. Council Member Neal asked staff to take a look at the way rates are charged. Mr. Neal stated the tax courts have ruled in - tere s t payments are tax deductible but the O&M payments or ser vic- i ng fees are not. Mr. Neal asked if there was some way to a d j ust the rate structure to get interest payments into the rates and th en ci t i zens of Englewood or any of the districts would be ab l e t o de - duct that portion of their fees that represent interest on bo nds. CO UNC I L MEMBER NEAL MOVED TO DIRECT THE CITY MANA GE R TO CO NTRA CT WITH BLA CK AND VEAT CH TO COMPLETE THE DE SC RIB ED WORK ON PHA SE I AND TO REV I EW NEW CO NTRACT S TO SERV IC E DI STRI CTS FOR AN AM OU NT NOT TO EX CE ED $15 ,500 . Co uncil Me mb e r F it zpat r ic k seconded the motion . Upo n a call of the roll , t h e vote resulted as follo ws: Ayes: Nays: Council Members Higday , Neal , Fitzpatrick, Weist , Bilo , Bradsha w, Otis. None. The Mayor declared the motion carried. ORDIN ANCE NO. 29 SERIES OF 1982 • * • • BY AUT HORITY • • • COU NCIL BILL NO. 22.l I NTR ODUCED BY COU NCIL MEMBERS NEAL/B RADSHAW I • • Jul y 6, 1982 Pag e 5 • • • AN ORDINANCE AMEND I NG THE COMPREHEN S IVE ZONING ORDINANCE OF THE CI TY OF ENGLEWOOD BY REPEALING AND RE -ENA CT I NG SE CT I ON 2 2 .7 TH ERE- OF TO REVISE THE SIGN CODE CONTAINED THEREIN. COUNCIL MEMBER NEAL MOVED TO PASS COUNC I L BILL NO. 22 .1 , S ERIES OF 1982, ON FINAL READING. Coun c il Member Bradshaw se c- o nded the motion. Upon a call of the roll, the vote resulted as f ollows: Ayes: Nays: Coun c il Members Hi gday, Nea l , Fitzpatr i ck, We i st, Bilo, Bradshaw, Ot i s. None. The Mayor dec l ared the motion c arr ie d. COUNCIL MEMBER BRADSHAW MOVED TO AD OPT THE F I NDING S OF FACT I N RELAT I ON TO REPEA LI NG S ECT IO N 22 .7 AND ADO PT I NG A NEW SEC- TI ON 22 .7 OF THE COMPREHENSIVE SIG N CODE . Co un cil Member Fi t z - p at r ic k seconded the motio n. Upo n a call of t h e roll , t h e vo t e resul te d a s foll ows: Aye s : Nays: Council Memb ers Hi g day , Nea l , F it zpa t r ic k, Weist , Bilo , Br a dsha w, Ot is . None . The Mayor decla r ed the motion ca rr ied • ORDINANCE NO. 30 SERIES OF 1982 • • • • BY AUTHORITY • • • COUNCIL BILL NO. 34.1 INTRODUCED BY COUNCIL MEMBER FITZPATRICK AN ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF INDUSTRIAL DE- VELOPMENT REVENUE BONDS, SERIES (U.S. INDUSTRIES, INC. PROJECT) IN THE AGGREGATE PRINCIPAL AMOUNT OF $2,200,000 TO FINANCE A PROJECT FOR U.S. INDUSTRIES, INC .; RATIFYING CERTAIN ACTION HERETOFORE TAKEN; AUTHORIZING THE EXECUTION ANO DELIVERY BY THE CITY OF A FI- NANCING AGREEMENT, AN INDENTURE OF TRUST, SUCH BONDS AND CLOSING DOCUMENTS IN CONNECTION THEREWITH; MAKING DETERMINATIONS AS TO THE SUFFICIENCY OF REVENUES AND AS TO OTHER MATTERS RELATED TO THE PRO- JECT; AND REPEALING ACTION HERETOFORE TAKEN IN CONFLICT HEREWITH. COUNCIL MEMBER FITZPATRICK MOVED TO PASS COUNCIL BILL • I • • Jul y 6, 1982 Page 6 • • • NO. 34.1, SERIES OF 1982, ON FINAL READING. Counc i l Member Bi l o s econded the motion. Upon a call of the roll, the vote resu l ted a s follo ws: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. RESO LUTION NO. 3 2 S ER I ES OF 1982 * * * * * * * A RESOLUTION ESTAB LISHING FEES FOR THE USE OF THE ENGLEWOOD AN I MAL S HELTER. COUNC I L MEMBER F I TZPATRICK MOVED TO PASS RESOLUTION NO. 32 SE RI ES OF 198 2 . Council Member Bilo seconded the motion. Upon a call of the rol l , the vote resulted as follows: Ayes: Counc il Members Hi gday, Nea l , Fitzpatrick, We ist , Bil o, Bradshaw, Otis. Nays : None . The Mayo r d e clared th e mo t ion ca r ried. * * * * * * * Assistant City Attorney Holland requested approval to pro- ceed with the matters which are necessary to request the Colorado Supreme Court to exercise its discretion to review the decision of the Court of Appeals in the case of Rich vs the City of Englewood (water tower). COUNCIL MEMBER FITZPATR[CK MOVED TO APPROVE MR. HOLLAND'S REQUEST TO PROCEED WITH THE THREE ALTERNATIVES AND TO ADD TO THEM THE INVESTIGATION OF COMPLIANCE LAND. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nay Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. The M•yor decl•r•d the motion carried • • I • • July 6, 1982 Page 7 • • • • • • • • • • City Manager Mccown presented a Council Communication from his office concerning the award of construction contract for Paving District No. 28/0verlay Program 1982. Director of Public Works Waggoner appeared before Council and reviewed the bids. Mr. Waggoner stated the bids received were well below the engineer's estimate. Mr. Waggoner recommended a- warding the bid to Peter Kiewit Sons' Company, the low bidder. Mr. Waggoner stated this company has done good work in the past and was a reputable company. Council Member Neal asked if the savings on this project could be applied to do more streets. Director Waggoner stated the savings could be added to the overlay program. Council Member Bilo recommended returning the savings to the citizens. COUNCIL MEMBER FITZPATRICK MOVED TO AWARD THE CONSTRUCTION CONTRACT FOR PAVING DISTRICT NO. 28/0VERLAY PROGRAM 1982 TO PETER KIEWIT SONS' COMPANY IN THE AMOUNT OF $512,757.60. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, We ist , Bradshaw, Otis . Council Member Bilo. The Ma yor declared the motion carried. * • * • * * • City Manager Mccown presented a Council Communication from the Department of Community Development concerning an out-of-state travel request. Mr. Mccown stated the requ st is for the Housing Administrator to attend the Housing Management Certification Train- ing Program in Oklahoma City. Mr. Mccown stated the certification is required by HUD for managers of over 75 units of low-rent public housing. Mr. Mccown stated exp ns s would b paid out of the Housing Authority Fund. COUNCIL MEMBER NEAL MOVED TO APPROVE THE OUT-OF-STATE TRAVEL REQUEST. Council Member Fi zp trick second d the motion. Upon a call of th roll, th voe r sulted as follows: I • • - • July 6, 1982 Page 8 Ayes: Nays: • • • Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried • • • • • • • • COUNCIL MEMBER BRADSHAW MOVED TO SET A SPECIAL MEETING ON JULY 12, 1982, AT 7:30 P.M. FOR THE PURPOSE OF SALE OF PAVING DIS- TRICT NO. 28 BONDS. Council Member Fitzpatrick seconded the mo- tion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried . City Manager Mccown requested a study session on July 12, 1982, at 5:00 p.m. to discuss downtown development • • • • • • • • COUNCIL MEMBER FITZPATRICK MOVED TO ACCEPT WITH REGRET THE RESIGNATION OF LEONARD CHESLER FROM THE CO URT ADVISORY COMMITTEE. Council Member Neal seconded the mot ion . Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday , Neal, F itz patr ick , Weist, Bilo, Brad sha w, Otis . None. The Mayor declared the motion carried. Council instructed staff to send a letter of acknowledge- ment to Mr. Chesler • • • • • • • • Council Member Bradsha w asked that any information the City had on Urban Edges , Inc. be sent to Mr. Carroll Kirkham at Sheridan City Council . • • • • • • • I • • r-, • July 6, 1982 Page 9 • • • Discussion ensued concerning a request to set up a joint meeting with the City of Sheridan on topics of general concern. Council decided further discussion wo uld be scheduled at the next Monday study session. * * * * * * * There was no further business to be discussed. * * * * * * * COUNCIL MEMBER HIGDAY MOVED TO ADJOURN. Mayor Otis adjourned the meeting without a vote at 8:50 p.m. • I • • • REGULAR MEETING: • • • COUNCIL CHAMBERS City of Englewood, Colorado July 6, 1982 lb The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on July 6, 1982, at 7:30 p.m. Mayor Otis, presiding, called the meeting to order. The invocation was given by Council Member Thomas Fitz- patrick. The pledge of allegiance was led by Boy Scout Troops No. 115 and 154. Mayor Otis asked for roll call. Upon a call of the roll, the following were present: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. Absent: None. The Mayor declared a quorum present. • • • • • • • Also present were: City Manager Mccown • • Assistant City Manager Vargas Assistant City Attorney Holland Director of Public Works Waggoner Dir ctor of Utilities Fonda Director of Parks and Recreati on Romans Ass istant Director of Parks and R creation Kuhn D puty City Clerk Watk ins * • • • * COUNCIL MEMBER FITZPATRICK MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF JUNE 21, 1982 . Council Member Silo second d the motion. Upon a call of th roll, the voter sult d as follows: Ayes: Nays: Council Members Higday, Fitzpatrick, Weist, Silo, Sradah w, Otia. Non • • I • • • • - July 6, 1982 Page 2 Abstain: Council Member Neal. The Mayor declared the motion carried. * * * * * * * There were no pre-scheduled visitors . * * * * * * * There were no other visitors. * * * * * * * "Communications -No Action were: Recommended" on the agenda {a) {b) (c) {d) Minutes of the Board of Career Service Com- missioners meeting of May 20, 1982. Minutes of the Water and Sewer Board special meeting of June 5, and regular meet ing of June 8, 1982. Minutes of the Planning and Zoning Commission meeting of June 8, 1982. Municipal Court Activity Report for the month of May, 1982. CO UNCIL MEMBER BRADSHAW MOVED TO ACCEPT NO ACTION RECOMMENDED" AGENDA ITEMS S{A) -S(D), Fitzpatrick seconded the motion. Upon a call of resulted as follows: "COMMUNICATIONS - Council Member the roll, the vote h ban and Ayes: Council Members Higday, Neal, Fitzpa rick, Weist, Bilo, Bradshaw, Otis. Nays: None. The Mayor d clared the motion carri d. * * * * * * Cit y Manager Mccown presented a Council Parks and Recr ation Commission concerning a Edg s , Inc. for fund raising for the purpos bike trails through Platte River Grenway. • * Co mmunica ion fro contrac with Ur- of d v loping hike I • • • July 6, 1982 Page 3 • • • Di re ctor of Pa rks and Recreation Romans and Assista nt Di- r ector Kuhn appeared before Council to discuss the proposal . Mr. Romans sta ted the pr o p osal regards th e possibility of joining the Denver Gr eenway and South S uburban Metro Recreation and Park Dis- tri c t in retaining Urban Edges, Inc. to do a trail design fr om Den- ver city limits to Chatfield Dam. Mr. Romans stated Urban Edges, Inc . is an engineering consultant and fund raising firm that spe- ci al i zes in this type of project. Mr. Romans stated the proposed tra il will be constructed of concrete rather than gran i te fines as originally planned . The cost of the concrete trail would be $640,000 and includes the portion committed to by the U. S. Corps of Engineers. The City's share would be approximately $100,000 - $125,000. The proposal includes a trail on the Golf Course which was not i ncluded earlier. Mr. Romans reiterated the City had originally planned to build a trail not as elaborate which was to be made of granite fines for an amount of $20,000 -$26,000. Mr. Romans recommended the City enter into the contract with Urban Edges, Inc. for a one-year period to assist the City in secur i ng pr ivate sector funds for the construction of a concrete hike/bike trail from West Oxford to West Hampden Avenue. Mr. Romans pointed out the trail and acces sory areas on a dra wing that are proposed for the project. In response to Council's questions, Assistant Di rec tor Kuhn stated the original granite fine trai l would cost $20,000 and with additional improvements the total cost would be approx i mat ely $70 ,000. Council Member Neal e xpr essed concerns about committing he Ci y to these costs if the U . S . Corps of Engineers decided not to do the project. Council Memb er Bilo asked the Ass istant City Att orney o investigate the contract provision wherein Urban Edges will re- ceive a percentage of all funds raised. COUNCIL MEMBER BRADSHAW MOVED TO DIRECT THE CITY ATTORNEY TO PREPARE A CONTRACT FOR COUNCIL'S REVIEW CONSISTENT WITH URBAN EDGES, INC.'S PROPOSAL ANO THE CO MM ITTMENT FROM THE U. S. CORPS OF ENGINEERS AND IN LINE WITH THE CITY C HARTER. Council Memb r Neal seconded the motion. Upon a call of the roll, the vot resulted as follows: Ayes: Nays: Council M mb rs Higday, N al , i zpa rick , W is , Bilo, Bradsh w, Otis. Non • Th Mayor declared he mo ion carried • • ) I • • ....... • July 6, 1982 Page 4 • • • • • • • • • • City Manager Mccown presented a Council Communication from the Water and Sewer Board and engineers of Black and Veatch con- cerning a contract with Black and Veatch. Director of Utilities Fonda came forward and reviewed the the contract. Mr. Fonda stated Black and Veatch would review the Sewer Fund and develop a cash flow analysis. Mr. Fonda stated Black and Veatch would be looking at dollars in a cash flow not at rate structure. The analysis would show the revenues required to main - tain Englewood's existing bond rating and the increase in existing revenues which would be required to produce this income. Mr. Fonda stated the engineer would also develop much of the background in- formation necessary to form an initial opinion as to whether or not a rate base exists which would justify a differential in charges between inside and outside City customers. Mr. Fonda stated the fee for developing the analysis would be $13,500. Mr. Fonda stated the firm would do an additional study to review proposed new con- tracts for service to the districts for $2,000. Council Member Neal asked staff to take a look at the way rates are charged. Mr. Neal stated the tax courts have ruled in- terest payments are tax deductible but the O&M payments or serv ic- ing fees are not. Mr. Neal asked if there was some way to ad just the rate structure to get interest payments into the rates and then citi zens of Englewood or any of the districts would be able to de- duct that portion of their fees that represent i nterest on bonds. COUNCIL MEMBER NEAL MOVED TO DIRECT THE CI TY MANAGER TO CO NTRACT WITH BLACK AND VEATCH TO COMPLETE THE DESCRIBED WORK ON PHA S E I AND TO REVIEW NEW CONTRACTS TO S ERVI CE DISTRICTS FOR AN AMOUNT NOT TO EXCEED $15,500. Council Memb r Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Member s Higday, Neal, Fitzpatr ick , W 1st , Bilo, Bradshaw, O i • None. ~he Mayor declar d the o ion carri d . ORDINANCE NO. 29 SERIES OP 1982 • • • • BY AUTHORITY • • • COU NCIL BILL NO. 22.1 INTRODUCED BY COUNCIL MtM RS AL /BRADSHAW • , I • • July 6, 1982 Page 5 • • - AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF ENGLEWOOD BY REPEALING AND RE-ENACTING SECTION 22.7 THERE- OF TO REVISE THE SIGN CODE CONTAINED THEREIN. COUNCIL MEMBER NEAL MOVED TO PASS COUNCIL BILL NO. 22.1, SERIES OF 1982 , ON FINAL READING. Council Member Bradshaw sec- onded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. COUNCIL MEMBER BRADSHAW MOVED TO ADOPT THE FINDINGS OF FACT IN RELATION TO REPEALING SECTION 22.7 AND ADOPTING A NEW SEC- TION 22.7 OF THE COMPREHENSIVE SIGN CODE. Council Member Fitz- patrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None . The May or declared the motion ca rried • ORDIN ANCE NO. 30 SE IES OF 1982 • • • • BY AUTHORITY • • • COU NCIL BILL NO. 34 .1 INTRODUCED BY COUNCIL MEMBER FITZPATRICK AN ORO! ANCE AUTHORIZING THE ISSUANCE AND SALE OF INDUSTRIAL DE- VELOPMENT REVENUE BONDS, SERIES (U.S . INDUSTRIES , INC . PROJECT) IN THE AGGREGATE PRINCIPAL AMOUNT OF $2,200,000 TO FINANCE A PROJECT FOR U.S. INDUSTRIES , INC .; RATIFYING CERT AIN ACTION HERETOFORE TAKEN; AUTHORIZING THE EXECUTION AND DELIVERY BY THE CI TY OF A FI- NANCING AGREEMENT, AN INDENTURE OF TRUST, SUC H BONDS AND CLOSING DOCUMENTS IN CONNECTION THEREWITH; MAKING DETERMINATIONS AS TO TH SU FFICIENCY O REVENUES AND AS TO OT HER MATTER S RELATED TO THE PRO- JECT; AND REPEALING ACTION HERETOFORE TAKEN IN CON FLICT HEREWITH. COUNCIL MEMBER FITZPATRICK MOVED TO PASS COUNCIL BILL • ) I • • • J u l y 6, 1982 Page 6 ·- • • • NO . 34.l, SERIES OF 1982, ON FINAL READING. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as f ol lows: Ayes: Nays: Counci l Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. RESOLUTION NO. 32 SERIES OF 1982 * * * * * * * A RESOLUTION ESTABLISHING FEES FOR THE USE OF THE ENGLEWOOD ANIMAL SHELTER. COUNCIL MEMBER FITZPATRICK MOVED TO PASS RESOLUTION NO. 3 2 SERIES OF 1982. Counc il Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Counc il Members Higday, Neal, Fitzpatrick, Weist, Bi lo, Bradshaw, Otis. None . The Mayor decla r ed t h e mot io n carried. • • * * * * * Assistant City Attorney Holl an d r eque s t e d appr oval to pro- ceed with the matters which are necessary to req uest t h e Colorado Supreme Court to exercise its discretion to r e v ie w the decision of th Court of Appeals in the case of Rich vs the City of Englewood (wat r tow r). COUNCIL MEMBER FITZPATRICK MOVED TO APPROVE MR . HOLLAND 'S REQUEST TO PROCEED WITH THE THREE ALTER NA TIVES AND TO ADD TO THEM THE INVESTIGATION OF COMPLIANCE LAND. Council Member Bradsha w seconded h motion. Upon a call of the roll , t h e v oter sulted as follo ws: Aye : Council Memb rs Higday , Ne a l , Fitz pa trick , Weis , Bilo, Bradsha w, Otis . Nays: one. Th Mayor decl red he mo ion carried • • , I • • ...... • July 6, 1982 Page 7 • • • • • • - • • • City Manager Mccown presented a Council Communication from his office concerning the award of construction contract for Paving District No. 28/0verlay Program 1982. Director of Public Works Waggoner appeared before Council and reviewed the bids. Mr. Waggoner stated the bids received were well below the engineer's estimate. Mr. Waggoner recommended a- warding the bid to Peter Kiewit Sons' Company, the low bidder. Mr. Waggoner stated this company has done good work in the past and was a reputable company. Council Member Neal asked if the savings on this project could be applied to do more streets. Director Waggoner stated the savings could be added to the overlay program. Council Member Bilo recommended return i ng the savings t o t he citizens. COUNCIL MEMBER FITZPATRICK MOVED TO AWARD THE CONSTRUCTION CONTRACT FOR PAVING DISTRICT NO. 28 /0VERLAY PROGRAM 1982 TO PETER KIEWIT SONS' COMPANY IN THE AMOUNT OF $5 12 ,757 .60. Council Member Bradshaw seconded the mot io n. Upon a c a ll of the roll, the vote r e sulted as follows: Ayes: Nays : Counc i l Members Higday, Nea l , Fitzpatrick, We i st, Bradshaw, Ot is . Co un cil Memb e r Bilo . The Mayor decla r ed the motion carried • • • • • • • • City Manager Mcco wn presented a Council Communication from the Department of Community Development concerning an out-of-state travel request . Mr . Mccown stated the request is for the Housing Administrator to attend the Housing Manag ment Certification Train- ing Program in Okla h o ma City. Mr . Mccown stated the certification is required by HUD fo r managers of over 75 units of low-rent public housing . Mr. Mcco wn stated e x penses would b paid out of th Housing Autho r ity Fund. COU NCIL MEMBER NEAL MOVED TO APPROVE T HE OUT-OF-STATE TRAVEL REQUEST. Cou n cil M mber Fitzp trick seconded th motion. Upon a call of the roll, the vot resulted as follo ws: • I • • - • July 6, 1982 Page 8 Ayes: Nays: • • • Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * • * * * COUNCIL MEMBER BRADSHAW MOVED TO SET A SPECIAL MEETING ON JULY 12, 1982, AT 7:30 P.M. FOR THE PURPOSE OF SALE OF PAVING DIS- TRICT NO. 28 BONDS. Council Member Fitzpatrick seconded the mo- tion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. City Manager Mccown requested a study ses~ion on July 12, 19 82, at 5:00 p.m. to discuss downtown development. * • • * * * * COUNCIL MEMBER FITZPATRICK MOVED TO ACCEPT WITH REGRET THE RESIGNATION OF LEONARD CHESLER FROM THE COURT ADVISORY COMMITTEE. Council Member Neal seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Council instructed staff to send a letter of acknowledge- ment to Mr. Chesler. * * * * * * * Council Member Bradshaw asked that any information the City had on Urban Edges, Inc. be sent to Mr. Carroll Kirkham at Sheridan City Council. * * * * * * * • I • • - • July 6, 1982 Page 9 • • • Discussion ensued concerning a request to set up a joint meeting with the City of Sheridan on topics of general concern. Council decided further discussion would be schedu led at the next Monday study session. * * * * * * * There was no further business to be discussed. * * * * * * * COUNCIL MEMBER HIGDAY MOVED TO ADJOURN. Mayor Otis adjourned the meeting without a vote at 8:50 p.m • • I • - • • • • ~,oaav Neal Fi tzoatrick Weist Bi lo Bradshaw Otis ~ fry c,lutJo ,P l/5 <t-!5 . }-I( r,,1t (J l-0 /(4-/i. \ 'Z_JAf:! ~ / Jnc. e 1u }/ rr/1 "r') l 1. ·- • I . • • - • • -·- ROLL CALL t1oved Seconded Ayes Nay Absent Abstain HI Oday v Meal L,...-- Fi tzoat rick 1..--- Wei s t t.-- Bi lo t--- Bradshaw t.-- Otis L,--- I • • • • • - • '. • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Higday ~ Neal ~ i...--Fitzcatrick \ Weist I V Bi lo 7 Bradshaw I Otis ' Id_ I • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hiqdav Neal .., Fitzoatrick Weist Bi lo V Bradshaw Otis ./ I • • • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain H1gdav Neal Fitzoatrick Weist Bi lo Bradshaw Otis d -,I {.J (' u 62f _ I • t " u·£ J • L< t, n, -/,t 2 l • ~ ~ 4 ,"j lv kthj • • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abt . s a1n H1qdav Neal Fitznatrick Wei st Bi lo Bradshaw Otis -Ij-pv ~(4 /!?~ re! -'7/Ct nee: i., _ t,; l<f J:' t' U cb -# ',( a./V ,j /'-<a -.._ -..,u,1.,Lf ju c1.Uu7 -/.1 i ,., u L <k !__ a ri , 1L<I -~ ,,,, 1c. , ft-,,.,_ J 1"'{,} -Lt l li IL~ i .... _, 0 mu < ,/ ... -< ,~ // civ · t.. 7:- -~?Ch - . _ ~J . , /,. /U I'·, ,<_/ v 1 t:'-.:> -t-< y //,, b- 1-fv.N k 4 ct:.· z • ~1' I • • ~-• • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain H1oday Neal Fi tzoatrick Weist Bi lo Bradshaw Otis ~-~,1:r r=::::Z:-LJ, ~~~ '4l ,; 1-1 o, n'"D ~~~ falhw.J ~ /:?.~:L-a~ ~ ~ -e---~,{ "f' ~~ . b )OM---£-' /L ? _,_: /J ,t' £. ~ /?Ju. &.~ -k~ / CA ~~ w/ ~/. ~ /J~-tu ~ '~ ti-/~ 1,'l.f4 -t.J /ZLJ- • • I . . • - • • ROLL CALL Moved Seconded Ayes Nay Abs t en Ab stain -H1aday v--Neal I Fitzoatrick Weist I Bi lo I ~ Bradshaw I Otis r \. ~(lk) ~l O C-,t.-Y1..A--1-- r ~,,,,.__,-~-r I . • • -• • • ROLL CALL Moved Seconded Ayes Nay Absent Rint1av Neal Fitznatrick Weist Bi lo Bradshaw Otis 6 b . me. &1,t;Yl r , c,4 --1~ ;Ll i 'l.i'AA.,;-cf ~e,J- Abstain -YB~ I ~ ~ £_ M /)'lu.<J _Jdf_.,u.. -~ ;f ~--,. d. ~ ~/11~ 11---u7:u -3.-l-L A. lu-,. ~ ,t.".v (U-c.t:~~~ J ~ /)~ r),~ ~ ~L~L~ ,·">-' ~c.£< d',,,(A<fD ·-µ ~ i/-~1 cf' ~OILJ ~ f fa -#13 . S Z> ' I . • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hiodav Neal Fitzoatrick Weist Bi lo Bradshaw Otis I . . • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain -Hiqdav ' y"' Neal I r-Fitzoatrick I Wei s t I Bi lo I Bradshaw l Otis '--- ~ C_A 'K__, ,S urnI/l<k/ 0/ r3 J-r ~l /) __,,"i-/6, 6-m d-~ jY)'l,( f ~/ ,,_j I . . • - • - ROLL CALL Moved Seconded Aye\ Na y Absen t Abstai H1qdav I V Neal I Fl tzoat rick I Wei st I Bi lo I V Bradshaw ' Oti s l \ • • I . . • • • - • • ROLL CALL Moved Seconded Ay~ Nay Absent Abstain H1odav I Neal I V Fi tznatrick ) Weist I Ri lo v-Bradshaw I Otis '- ~~11 r_/ ~ u -e ~<--' .7 (J~C~ I . . • • • - • t. • ROLL CALL Moved Seconded Ayes Nay Absent Abstain -..... H1gday \ Neal I v Fitzoatrick 7 Wei st I ---Bi lo I Bradshaw I Otis \ '-- I • • • • - • • ROLL CALL Moved Seconded Ay~ Nay Absent Ab s tain H1qday Neal I v-Fi tzoatrick 7 Weist I ,_. Bi lo r Bradshaw r Otis \ \. I • • • • - • • ROLL CALL Moved Seconded A yes Nay Absent Abstain Hiqaav ' Neal I V Fltzoatrick I Weist I Bi lo I v-Bradshaw Otis I \ ~U -v~ J. ~ -_.,L 1L ,,__; cJ t:i'-<? a ~ ~- • I . • • • • • --- ROLL CALL Moved Seconded Ayes Ha y Absent Abstain Hi adav Heal Fitzoatrick Weist Bi lo Bradshaw Otis I . • • • - • • -·- ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hiqdav Neal V Fitznatrick Weist Ri lo y-Bradshaw Otis C '"") -r p ,r:> 7 S-7. (o 0 I . • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain H1qday \ Neal I Fi tzoat rick I Weist ( Bi lo t,.-' Bradshaw ) Otis ( • I • • • • • - • • ROLL CALL Moved Seconded Ayes Nay Ab t sen Ab s tain H1adav Neal Fl tznat rick Weist Bi lo Bradshaw Otis • I . • • ~-\ • • (j ROLL CALL Moved Seconded Ayes Na y Absent Abstain H1qday ' l,/ Neal 1 ----Fitzoatrick I Weist I Bi Jo I Bradshaw I Otis \ ~ I • • • • • • • r ROLL CALL Moved Seconded Ayes Nay Absent Abstain I H1nrtav \ Neal I V Fi tznatrick I Wei st ( Bi lo ...- V Bradshaw l Otis I I . • • • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain ' H1oaay I V Neal I ,--Fi tzoatrick I Wei s t I Bi lo I Bradshaw \ Otis \. • ----• I . • • • - • • • 7 :30 P.M. l. • • • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL JULY 6, 1982 i (}DP Call to order, invocation by Reverend Wayne Nelson, Church of the Nazarene, 4775 South Pearl Street , pledge of allegiance by Boy Scout Troop No. 115 and 154, and roll call. \ J'I.J..,q_u-ri.k Minutes . (a) Minutes of the regular meeting of June 21, 1982 . (Copies enclosed .) Pre-Scheduled Visitors. (Please limit your pre- sentation to 10 minutes.) Other Visitors . (Please limit your presentation to 5 minutes .) 4. Public Hearing . 5. CoD1Dunications -No Action Recommended . (a) Minutes of the Board of Career Service Com- missioners meeting of May 20, 198 2. (Copies enclosed.) (b) Minutes of the Water and Sewer Board special meeting of June 5, and regular meeting of June 8, 1982 . (Copi • enclosed.) (c) Minutes of th Planning and Zoning Commission meeting of June 8, 1982 . (Copies enclosed .) (d) Municipal Court Activity R port for the month of May , 1982. (Copi s nclosed .) • I • • - • • • • • Page 2 July 6, 1982 Agenda 6. Communications -Action Recommended. 7. City Attorney . Ordinances on Final Reading. (b) Ordinance amending the Comprehensive Zoning Ordinance of the City of Englewood by repealing and reenacting Section 22.7 thereof to revise the Sign Code contained therein . (Copies enclosed.~ '>U/l.~ ~Fcf) Ordinance iuthorizing the issuance and sale of Industrial Development Revenue Bonds , Series (U .S . Industries, Inc . Project) in the aggregate principal amount of $2,200,000 to finance a project for U.S. Industries, Inc .; ratifying certain action heretofore taken ; authorizing the execution and delivery by the City of a financing agreement, an Indenture of Trust, such bonds and closing documents in connection therewith; making determination s as to the sufficiency of revenues and as to other matters related to the project; and repealing action heretofore taken in conflict herewith. (Copies enclosed .) Resolution. 4J'-(c) Resolution establishing fees for the use of the Englewood Animal Shelter . (Copies enclosed .) Other Matters . (d) Choice . -t ll!t ,l" A... j"1-'-.,.L. / ~~ ,tC J... ( .J J :J ( /l 1.. /.L 1.; bu v) Attorney's • I • • - • • • • Page 3 July 6, 1982 Agenda 8 . City Manager . Council Communication from the City Manager concerning the award of construction contract for Paving District #28/0verlay Program 1982 . (Copies enclosed .) (b~. Council Communication from the Department of /'J~~ Community Development concerning out-of-state VVf' travel approval . (Copies enclosed.) 9. 10. AM /sb (c) Memorandum from the City Manager to Mayor and Members of City Council concerning a special meeting on July 12, 1982 . (Copies enclos~d.) 1 \L),U,(_ d,0-. ~ (U -I Y\ ti-I~ (d) Manager's Choice. ~. 0 olfJht m 1 -;a -f cJ_, dmrnuundv,1~_/~R f General Discussion. --cl ,. (a) Mayor's Choice . -/l.~~~:if"la-ti.m ~d/.nu1.d!_ (b) Council Member's Choice ._~~_ a ~ ...lrl-f?> ~~~or ~, CJM_J.f 1o/,t,,R. A.J'"' Adjournment . -~Un ~ rt!) rndLu;f it: ,,tA)-/'llZ //..t/L .% C..( 4-- .xRu an 04-Cn,ncJ ~L C._ ('l)LU-Z::Z~. cJ , • I • • REGULAR MEETING: • • • COUNCIL CHAMBERS City of Englewood, Colorado June 21, 1982 The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on June 21, 1982, at 7:30 p.m. Mayor Otis, presiding, called the meeting to order. The invocat i on was given by Minister Jim Clark, Mayflower Congregat i on Church, 3001 South Acoma Street. The pledge of al- leg i ance was led by a s i ngle Boy Scout from Troop 1154. The Mayor asked for ro l l call. Upon a cal l of the roll, the fo ll owing were present : Council Members Higday, Fitzpatr i ck, We is t, Bilo, Bradshaw, Otis. Absent: Counc i l Member Nea l . The Mayor declared a quorum present • • • • • • • Also present were: Ci t y Manager McC own • Assistant City Manager Vargas Ci ty Attorney De Wit t Di rec tor o f Pu b lic Works Wagg o ner Di re c tor of Park s , Recreation Ro ma n s Assis t a n t Director of Park s, Recreation Kuhn Assistant Director of Community Development-Planning Romans D puty City Clerk Watkins • • • • • COUNCIL MEMBER BRADSHAW MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF JUNE 7, 1982. Council Member Fitzpatrick s conded the motion. Upon a call of th roll, th v ote resulted as follows: Ayes: Council M mbers Higday, Fitzpatrick , Weist, Bilo, Bradshaw, Otis. I • • June 21, 1982 Page 2 Nays: Absent: None. Council Member Neal. • • • The Mayor declared the motion carried. * * * * * * John Howell representing the 7-Up Bottling Company, 2840 South Zuni, was present and discussed opposition to the proposal to place a deposit on beverage bottles for return and recycling. Mr. Howell opposed the proposal on the basis of cost and extra handling that would be required. Mr. Howell discussed the process involved in handling returns and stated bottle litter could be picked up cheaper than what it costs to handle the bottles under the pro- posal. Mr. Howell stated the defects with the proposal are the costs and inconvience caused for on-premise consumption, retailers would carry fewer drinks; the inconvience for consumers using vend - ing machines; and outlawing the secondary packaging in particular the plastic rings that hold a six-pack. Mr. Howell stated Tri- c ycle was winning the battle against litter and there was no need legislation. * * * * * * Bill Sperry, 2996 South Logan, appeared before Council. Mr. Sperry stated he was representing a non-profit citizens group for recycling. Mr. Sperry passed information describing the success the program has had i n nine states. Mr. Sperry stated the refund is an economic incentive for returning bottles to the store. * * * * * * >.my Truby, 23 Birdie Lane, appeared before Council. Mrs. Truby stated she was representing the League of Women Voters in favor or recycling act. Mrs. Truby stated recycling would reduce solid waste, the 5 cent deposit would encourag recycling. Mr s. Truby asked for support for the bill. * * * * * * Teedy K rn, 1431 E. Dartmouth, app ared before Council. Mr s. Kern stated she agr ed with the League in supporting the r - cycling ac. Mrs. Kern expressed her personal concerns about need- ! ng to recycle. * * * * * * There w re no other pre-scheduled viaitora on the agenda. May or Otia asked if there w re any other visitor• who would like o apeak o Council. • I • • June 21, 1982 Page 3 * * • • • * * * * Rich Dutro, 4146 South Dale Court, appeared before Coun- cil. Mr. Dutro was representing the Englewood Jaycees . and asked for financial help in paying for their annual fireworks display. Mr. Dutro stated the merchants can not afford to help in total. The Englewood Jaycees plan to asked for donations again this year. Mr. Dutro stated the Jaycees still owe on last year's display on top of what it is going to cost for this year. Mr. Dutro asked for $3,750. A lengthly discussion ensued. Mr. Dutro stated it was his understanding the Jaycees could not charge an admission fee because the display was run on City property. Director of Parks and Recreation Romans stated Council has the power to overrule the non-collection of an admission fee. John Burnett, Englewood Jaycee member, appeared before Council and discussed what last year's collections were. This year's collections from the merchants was $151 from 96 businesses. Council ceased conversation with the member of the Jaycees to allow Assistant City Manager Vargas to research the files on what was given to the Jaycees last year. were: * * * * * * •communications -No Action Recommended• on the agenda (a) (b) (c) (d) (el (f) (g) Minutes of the Ho using Authority meeting of April 28, 1982. Minutes of the Water and Sewer Board meeting of May 11, 1982. Minute s of the Board of Ad justment and Appeals meeting of May 12, 1982. Minutes of the Downtown Development Authority meeting of May 12, 1982. Minutes of the Planning and Zoning Commission meeting of May 18, 1982. Minute s of the Denv r Regional Council of Governments meeting of May 26, 1982. Minutes of the Publi c Library Advisory Board meeting of June 8, 1982 • I • • • June 21, 1982 Page 4 • • • COUNCIL MEMBER BRADSHAW MOVED TO ACCEPT •coMMUNICATIONS - NO ACTION RECOMMENDED· AGENDA ITEMS SA -SG. Council Member Fitz- patrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. Council Member Neal. The Mayor declared the motion carried. * * * * * * Mayor Otis presented a letter from the Executive Director of the Englewood Downtown Development Authority concerning appoint- ments to the Authority. COUNCIL MEMBER BRADSHAW MOVED TO APPOINT GORDON CLOSE TO REPLACE LEONARD ROBOHM ON THE EDDA AND TO REAPPOINT BARBARA HOLTHAUS, CLETUS GASSON, AND FRED KAUFMAN. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent : Council Members Higday, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. Council Member Neal. The Ma yor declared the motion carried. * * * * * * Mayor Otis presented a letter from Earl Ladewig resign- ing from the Non-Emergency Employees Retirement Board. COUNCIL MEMBER BRADSHAW MOVED TO ACCEPT WITH REGRET MR. LADEWIG'S RESIGNATION. Council Member Fitzpatrick seconded the mo- tion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. Council Member Neal. The Mayor declared the motion carried • I • • • June 21, 1982 Page 5 • • - Council instructed Mr. Mccown to send a letter of acknow- ledgement to Mr. Ladewig. Council Member Fitzpatrick noted the resignation would be effective on this date. * * * * * * Mayor Otis presented a letter from Reverend J. Stanley Fixter resigning from the Housing Authority. COUNCIL MEMBER FITZPATRICK MOVED TO ACCEPT THE RESIGNATION OF REVEREND J. STANLEY FIXTER WITH REGRET. Counc i l Member Higday seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Counc il Members Higday, Fitzpatr i ck We i st, Bilo, Bradshaw, Otis. None. Counc i l Member Neal. The Mayor decl a red the motion carried. * * * * * * Ci ty Manager Mccown presented a Council Comm un i c a tion f r o m t h e Parks and Re c r e at i o n Comm i ssion c o nce rn i ng the conce ssion con- trac t with 2101 Corpora tion for fo o d and be v er age s e rvice for the ne w go lf c o u r s e clu bhouse . Di re cto r of Parks and Re cr e ation Packy Romans was present and discussed the contract on behalf of the Parks and Recreation Commission. Council Member Bilo noted discrepancies in the term of the contract. COUNCIL MEMBER HIGDAY MOVED TO ENTER INTO A CONTRACT WITH 2101 CORPORATION FOR FOOD AND BEVERAGE SERVICE FOR THE NEW GOLF COURSE CLUBHOUSE CO MM ENCING ON JULY 1 , 1982, AN D AMEND THE CONTRACT BY CROSSING OUT THE FIRST THREE SE NTE NCES OF •20. TER M OF AGREE- MENT .• Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follo ws: Ayes: Nays: Council Members Higday, Fitzpatrick, Weit, Bilo, Bradshaw , Otis. None • • I • • - • • June 21, 1982 Page 6 Absent: Council Member Neal, • • • The Mayor declared the motion carried. * * * * * * COUNCIL MEMBER BRADSHAW MOVED TO BRING FORWARD AGENDA ITEM 70 -A RESOLUTION CONCERNING RECYCLING, Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Coun cil Members Higday, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. Council Member Neal. The Mayor declared the motion carried. RESOLUTION NO. 27 SERIES OF 1982 A RESOLUTION SUPPORTING INITIATIVE EFFORTS TO REQUIRE RECYCLING OF BEVERAGE CONTAINERS, COUNCIL MEMBER BRADSHAW MOVED TO PASS RESOLUTION NO. 27, SERIES OF 1982. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Absent: Council Member s Higday, Fitzpatrick, Bilo, Bradshaw, Otis. Council Memb er We ist . Council Member Neal, The Mayor declared the motion carried. ORDI NANCE NO, 27 SERIES OF 1982 * * * BY AUTHORITY * * * COUNCIL BILL NO. 28 INTRODUCED BY COUNCIL MEMBER FITZPATRICK AN ORDINANCE APPROVING A CONTRACT FOR MUNICIPAL SERVICES TO PERMIT OTHER GOVERN MENTAL ENTITIES TO USE THE ENGLEWOOD ANIMAL SHELTER, COUNCIL MEMBER FITZPATRICK MOVED TO PASS COUNCIL BILL NO. 28, SERIES OF 1982, ON FINAL READING. Council Member Br dshaw I • • In June 21, 1982 Page 7 • • - seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. Nays: None. Absent: Council Member Neal. The Mayor declared the motion carried. COUNCIL MEMBER BILO MOVED TO INSTRUCT THE CITY ATTORNEY TO PREPARE A RESOLUTION APPROVING THE FEES FOR THE ANIMAL SHELTER AS OUTLINED IN THE DIRECTOR OF FINANCE GARY HIGBEE'S MEMO. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. Council Member Neal. The Mayor declared the motion carried. ORDI NANCE NO. SERIES OF 1982~- * * * BY AUTHORITY A BILL FOR * * * COUNCIL BILL NO. 34.1 INTRODUCED BY COUNCIL MEMBER FITZPATRICK AN ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF INDUSTRIAL DE- VELOPMENT REVENUE BONDS, SERIES 1982 (U. S. INDUSTRIES, INC. PRO- JECT) IN THE AGGREGATE PRINCIPAL AMOUNT OF $2,200 ,000 TO FINANCE A PROJECT FOR U. S. INDUSTRIES, INC.; RATIFYING CERTAIN ACTION HERETOFORE TAKEN; AUTHORIZING THE EXECUTION AND DELIVERY BY THE CITY OF A FINANCING AGREEMENT, AN INDENTURE OF TRUST, SUCH BONDS ANO CLOSI NG DOCUMENTS IN CONNECTION THEREWITH; MA KING DETERMINA- TIONS AS TO TH SUFFICIE NCY OF REVENUES AND AS TO OTHER MATTERS RE- LATED TO THE PROJECT; AND REPEALING ACTION HERETOFORE TAKEN IN CON- FLICT HEREWITH. COUNCIL MEMB R FITZPATRICK MOVED TO PASS COUNCIL BILL NO, 34.l, SERIES OF 1982, ON FIRST READING. Council M mber 8110 aeconded the mo ion. • I • • • • • June 21, 1982 Page 8 City Attorney DeWitt commented the City is not financially liable for the issue. The City's involvement would be on liti- gation matters if that were to happen. Upon a call of the roll, the vote resulted as -follows: Ayes: Nays1 Absent: Council Members Higday, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. Council Member Neal. The Mayor declared the motion carried. * * * * * * BY AUTHORITY ORDINANCE NO. SERIES OF 1982~- COUNCIL BILL NO. 22.1 INTRODUCED BY COUNCIL MEMBER NEAL/BRADSHAW A BILL FOR AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF ENGLEWOOD BY REPEALING AND RE-ENACTING SECTION 22.7 THEREOF TO REVISE THE SIGN CODE CONTAINED THEREIN. COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL NO. 22.1, SERIES OF 1982, ON FIRST READING. Council Mefflber Higday seconded the motion. Upon a call of the roll, the vote resulted as follows: DISCUSS MANAGER PRESENT mo ion. Ayes: Nays: Absent: Council Members Higday, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. Council Member Neal. The Mayor declared the motion carried. * * * * * * COUNCIL MEMBER BRADSHAW MOVED TO SUSPEND THE RULES AND THE JAYCEES REQUEST IN CONNECTION WITH WHAT ASSISTANT CITY VARGAS WAS ABLE TO FIND IN THE FILES ON PAST REQUESTS AND BUDGETED AMOUNTS. Council Member Higday seconded the Upon call of the roll, the vote resulted as follows: Ayes1 Council Members Higd•y, Pitzp•trick, • I • • • • • - June 21, 1982 Page 9 Weist, Silo, Bradshaw, Otis. Nays: None. Absent: Council Member Neal. The Mayor declared the motion carried. Mr. Mccown stated under Aid To Other Agencies, $2,300 is remaining. At the budget retreat $1,700 was tentatively set aside for the fireworks display. Mr. Mccown stated he did not know if last year's amount ($500) was picked up by the Jaycees. COUNCIL MEMBER FITZPATRICK MOVED TO PROCEED AS PLANNED AT THE BUDGET RETREAT FOR BUDGETING $1,700 FOR JAYCEES FOR FIREWORKS AND THAT A CONCERTED EFFORT ON GETTING DONATIONS FROM THE CROWD. Council Member Silo seconded the motion. Council Member Higday stated to check and see if the $500 was picked up. If not, then include the $500 in additiop to the $1,700. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent : Council Members Higday, Fitzpatrick, Weist, Silo, Bradshaw, Otis. None. Council Member Neal. The Mayor declared the motion carried. RESOLUTION NO. 28 SERIES OF 1982 * * * * * * A RESOLUTION ACCEPTING RESIGNATION OF LORETTA B. HUFFINE AS ASSIST- ANT CITY ATTORNEY. COUNCIL MEMBER SILO MOVED TO PASS RESOLUTION NO. 28, SERIES OF 1982. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Fitzpatrick, Weist, Silo, Bradshaw, Otis. None. Council Member Neal. I • • • June 21, 1982 Page 10 • • - The Mayor declared the motion carried. * * * * * * City Attorney DeWitt discussed the status of litigation on water quality control commission matter. Mr. DeWitt stated the permit limit would be $5,000. * * * * * * City Attorney DeWitt asked for an executive meeting with Council at this time. * * * * * * Mayor Otis called for a recess at 9:20 p.m. Council re- convened at 9:35 p.m. Mayor Otis asked for a roll call. Upon a call of the roll, the following were present: Council Members Higday, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. Absent: Council Member Neal. Mayor Otis declared a quorum present. * * * * * * City Attorney DeWitt stated the District Court ruled ad- versely toward the City in the matter of Oddfellows. The Court ruled the imposed $40,000 assessment was unconstitutional. Mr. DeWitt stated he would be recommending some sort action on the part of the City. In connection with the above matter, City Attorney DeWitt offered a proposed resolution appointing special counsel to handle redevelopment matters. RESOLUTION NO. 29 SERIES OF 1982 A RESOLUTION APPOINTING PAUL C. BENEDETTI SPECIAL COUNSEL FOR REDE- VELOPMENT MATTERS. COUNCIL MEMBER BRADSHAW MOVED TO PASS RESOLUTION NO. 29, SERIES OF 1982. Council Member Higday seconded the motion. Upon a call of the roll, the vot resulted as follows: Aye s, Nays: Council Members Higday, Fitzpatrick, Wei st, Bilo, Bradshaw, Otis. None. • I • • • June 21, 1982 Page 11 Absent: • • • Council Member Neal. The Mayor declared the motion carried. * * * * * * City Manager Mccown presented a Council Communication con- cerning award of construction contract for the golf course club- house landscaping and sprinkler system. Director of Parks and Recreation Romans appeared before Council and discussed the bid award and project. COUNCIL MEMBER HIGDAY MOVED TO AWARD THE BID OF CONSTRUC- TION CONTRACT FOR GOLF COURSE CLUBHOUSE LANDSCAPING AND SPRINKLER SYSTEM TO SABELLS INC. FOR $32,000 AND TO ADD $5,000 FOR CONTIN- GENCY. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Absent: Council Members Higday, Fitzpatrick, Weist, Bilo, Oits. Council Member Bradshaw. Council Member Neal. The Mayor declared the motion carried, * * * * • • City Manager Mcco wn presented a Council Communication from the Director of Publi c Work s concerning the award of bid for card- cont r olled fuel managemen t system. Director of Public Works Kells Waggoner appeared before Council and discussed the bid. COUNCIL MEMBER BRADSHAW MOVED TO AWARD THE BID FOR CARD- CONTROLLED FUEL MANAGEMENT SYSTEM TO LITTLETJOHN EQUIPMENT COM - PANY IN THE AMOUNT OF $31,780. Council Member Fitzpatrick sec - onded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Fitzpatrick, Weist, Bilo, Bradshaw, Otia. Non • Council Member Neal. The Mayor declared the motion carried • • I • • June 21, 1982 Page 12 * * * • • - * * * City Manager McCown presented a Council Communication con- cerning the award of contract for construction of gas service pip- ing and ancillary equipment. Director of Public Works Waggoner appeared before Council and discussed the award and project. COUNCIL MEMBER BRADSHAW MOVED TO AWARD THE CONTRACT FOR CONSTRUCTION OF GAS SERVICE PIPING AND ANCILLARY EQUIPMENT TO ECON- OMY MECHANICAL INDUSTRIES, INC., IN THE AMOUNT OF $27,340. Council Member Higday seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. Council Member Neal. The Mayor declared the motion carried. * * * * * * City Manager Mccown presented a Council Communication con- cerning Board and Commission vacancies. Council received the transmittal. Council Member Fitz- patrick advised reviewing the letters currently on file before ad- vertising the vacancies. COUNCIL MEMBER BRADSHAW MOVED TO REAPPOINT BETTY BEIER TO THE HOUSING AUTHORITY FOR A TERM TO EXPIRE IN 1987; AND TO REPLACE STANLEY FIXTURE BY APPOINTING WILLIAM FRASIER, 3925 SOUTH CLARKSON, FOR A TERM TO EXPIRE JULY 1, 1983. Council Member Fitzpatrick sec - o nd d the motion. Upon a call of the roll, the vote resulted as fo l lows: Ayes: Nays: Absent: Council M mbers Higday, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. Council Member Neal. The Mayor declared th motion carried. * • * * • * • I • • _n June 21, 1982 Page 13 • • • City Manager Mccown presented a Council Communication con- cerning a request to install banners to announce the Columbia L~GA Golf Classic. COUNCIL MEMBER BRADSHAW MOVED TO APPROVE THE INSTALLATION OF BANNERS ANNOUNCING THE COLUMBIA LPGA GOLF CLASSIC FROM JULY 9 TO JULY 31, 1982. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. Council Member Neal. The Mayor declared the motion carried. * * * * * * COUNCIL MEMBER FITZPATRICK MOVED TO HOLD A SPECIAL MEETING TO DISCUSS INDUSTRIAL REVENUE BONDS FOR A MEDICAL CENTER AND ALSO TO DISCUSS PAVING DISTRICT NO. 28 NOTICE OF SALE OF BONDS ON JUNE 28, 1982, AT 7:30 P.M. OR SHORTLY THEREAFTER AS COUNCIL IS ABLE TO MEET. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Counc i l Members Higday, Fitzpatrick, Weist, Bi lo, Bradshaw, Otis. Non e . Co u ncil Member Neal. The Mayor declared the motion carried. * * * * * * City Manager Mccown requested an executive session follow- ing the public meeting for the purpose of discussing downtown de- velopin nt. * * * * * * Council approved the preparation of a p rocl a ma tion con- cerning world peace on September 7, 1982 through September 12, 1982. * * * * * * COUNCIL MEMBER BRADSHA W MOVED TO ALLOW THE JAYCEES TO HANG A BANNER ANNOUNCING THE FIREWORKS DISPLAY ON JULY 4TH AS SOON AS • 0 I • • • June 21, 1982 Page 14 • • • POSSIBLE AND REMOVE THE BANNER AFTER THE 4TH. Council Member Higday seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Fitzpatric·k, Weist, Bilo, Bradshaw, Otis. None, Counc i l Member Neal. The Mayor declared the motion carried. COUNCIL MEMBER WEIST MOVED TO PERMIT THE JAYCEES TO CHARGE AN ADMISSION FEE FOR THE FIREWORKS DISPLAY ON JULY 4, 1982, FROM 12:00 NOON ON. Council Member Higday seconded the motion. This matter was discussed at length. Council Member We ist asked the Jaycees to be cognizant the intent of the fireworks dis- play is a family event when deciding upon the admission fee. Council Member Bilo opposed the motion on the basis he be- lieved in a voluntary donation and felt this matter was a crisis legislation. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent : Council Members Higday, Weist, Bradshaw, Otis. Council Member s Fitzpatrick, Bilo. Council Member Neal. The Mayor declared the motion carried. • • • * • • COUNCIL MEMBER BRADSHAW MOVED TO HOLD A 1983 PREBU!XiET PUBLIC HEARING ON MONDAY, JULY 19, 1982, AT 7:30 P.M. Council Member Fitzpatrick seconded the motion. Upon a call of th roll, the vote resulted as follows: Ayes: Council Members Fitzpatrick, Weist, Bilo, Bradshaw, Otis. Nays: Council M mber Higday. Ab•ent: Council Memb r Neal. The Mayor declared the otion carried. • I • • June 21, 1982 Page 15 * * * • • • * * * There was no further business to be discussed. * * * * * * COUNCIL MEMBER HIGDAY MOVED TO ADJOURN. Mayor Otis adjourned the meeting without a vote at 10:30 p.m. I • • PRESENT : ADSENr : CJrnERS PRESENI': • • • OOARD OF CARELR SERVICE CXJMMISSIONERS MAY 20, 1982 MINlJI'ES Jo Ell e n Turn e r, CaLhe rinc Pokeaka, JaneL Ke r.de , Robert Brundage , J:onald Weber Non . Benjamin Craig, Career Service Board Attorney Me l DcVirL , :clrployce Relations DirccLor Hicha.rd We lbourne, E.P.13.ti. Pr si d nL Randy Pickrel , E.F.F.A. President Will Carr , E.E.A. Vice President E.F.F.A. Associatio n Memers ****** Oiainnan Weber c alled Lh ~eLing to orcl r. Cumus::;ion r Urw1dagp rroved, seconded by C'.oomissioner Pokraka to approv the April 15, 1982 Regular Meeting Minutes. AYl!S : Turn r, A::>kraka. K r ~1 , DrundaJ:e>, W r tiYS : >rw Comnisi:;100<•r 'l'urnPr rn:>v<>d , s :ondx:I by :mn1 ssic ... "l"r Kt>r'ZIC ' Lo apfHY>V' LI S ia1 Ling bnut s of lay 11, 1 2. AYES . tiYS n t nda .P.D.A. E.E.A. Turn r, OP. kra.ka, * .. • .. If 1· oo the Ai,:' 'Ilda w:ii h< w d I ·u f 110 l>W 1111 lo .. . . rz1c, Dru.nclage, l ber I,; I I · lrt wa • Ill. I • • -• • • Page 2 Item five on the Agenda was the Ccr.rnissioner's Choice. Conmissioner Turner expressed her sorrow that Carmissioner Brundage was leaving the Board. She stated that it had been a pleasure to work with him and he will be missed. Ccomissioner Brundage stated that he had e njoyed working with the Board and was leaving with mixed enotions. Chainnan Weber stated that the Board was in receipt of the letter requesting c.:larificaLion or Lhe Wing/Welbourne Gr ievance sul:mitted by Officers John Wing and Richard Welbourne. He stated that the Board had discussed the request in great length and had determined that the Findings of Fact presented were an adequate explanation and that the Doard's detennination pertained only to the 4uestion of tl.e fifteen minutes o ve rtime issue. }urther, he 51:ated that in regards to the grievants' question concerning the matter of the Detectives' lunch time, it was the Board's JX)Sition that this was not a natte r grievable by Office r's Win g and Welboun1e individually , but r.i.ther by d nlec.:tives or th• Association r e presenting that enploy group. * * * * * * Itan six on the Agenda was a reception for Ccmnissiooer Robert Brundag Oiairm:01 W bcr presented Coomissioner Brunclagu with a plaque in. rih0d with hu; elates of service Cran Novenber, 1975 to Jun , 1982. Q1ai11nru1 N r expressed th Board's appreciation of his service as a f e llow issioner. ainmn W~x.:r r e ad into the record the Mayor 's letLer upµoinling-UetLy Kt 'Ila as the new O:m nissiooer to the Career Service Board effective Jun 1, 1982. Th r being no further bu.sin ss, Qlairman Weber accepted a ll'Otion for adjourn- nl frcm issioner Brundage and declared the May 20, 1982 regular ire ting o f th<• Car<><•r SPrv1 '<' ·:trd adjourned at 7 :30 p .m. A plioo for lbbert Brun foll * * • • 1? ' ,,..1..1 ",, '° l. It Va l •ri c> • I • • - • • Present: Toured: • • • WATER AND SEWER BOARD SPECI AL TOUR AND ME ET ING June 5 , 1982 $8 Ol i ver Gi s ebu r t, Mr. and Mrs. Char lie Best, Stewart H. Fonda, Mayor and Mrs. Ot is, Scott Cook, Don Fullerton, Tom Fitzpatrick, Mr . and Mrs . Lay, Eleanor Hav i land , Ben Zwiebecker Bi-City Plant, Allen Plant, Wolhurst Pipe at Ci ty Ditch, Wolf Creek Pump Station, Union Avenue Pump Station, Mclellan Pump St ation, Mclellan Reservoir, City Ditch at Nassa u Way lA) WATER AND SEWER SERVICE OUTS IDE CITY LIMITS It was proposed that i t be a policy of the Ci ty of Englewood Wate r and Sewer Boa r d that no di s cu ss i on wi l l be entered i nto by the Utilities Department with any individua ls or entities wh i ch are not currently municipalities, count i es or dis tri cts whi ch currently have contra cts with the City . It is the i ntent of th is policy that the City will not prov i de water or sewer service throug h co ntracts wi t h any entity exce pt the above mentioned. General discuss i on f ollowed . Mr. Fullerton move d ; Mr. Giseburt seconded: Ayes: Nays: Absent: Motion carried. No wa te r an d sewer service th rough contracts or discu s sion of s ame will be entered into by the Utilities Dep artment with any individuals or entities which are not currently municipali- ties, counties or districts which currently have contracts with the City. Best, Otis, Cook, Fullerton, Fitzpatrick, Lay, Haviland, Giseburt None Higday • I • • ~- • • • • • lB) 4040 SOUTH CLAY STREET Mr. Kloppenberg, the owner of the above mentioned property and Mr. Nowacki, the realtor, approached the City of Englewood requesting an additional Englewood water tap. Since the property is under a contract, the subject is open to discussion and negotiation. 2) GREENBELT SANITATION DISTRICT The contract has expired between City of Englewood and Greenbelt Sanitation District. Greenbelt Sanitation District has submitted a request for annexation (Supplement #13 to Connector's Agreement #13) of a parcel of land to the sanitation district . The Englewood Water and Sewer Board reconrnended Greenbelt Sanitation District approach Greenwood Village for a management agreement. Mr. Giseburt moved; Mr. Fitzpatrick seconded: Ayes : Nays : Absent : Motion carried. 4) NASSAU WAY/CITY DITCH PROBLEM. To disallow Supplement No. 13 to Connector's Agreement No. 13 because of the lack of a current district contract. Best, Otis, Cook, Fullerton, Fitzpatrick, Lay, Haviland, Giseburt None Higday The Water and Sewer Board inspected the portion of City Ditch on Nassau Way that poses a hazard for children. Discussion followed with several homeowners. The Board decided that fencing would be a solution for this protion of embankment. Details on the fencing will be decided at a future Water and Sewer Board eting. Respectfully submitted, Cathy Burrage Recording Secretary • I • • .I • • • WATER AND SEWER BOARD June 8, 1982 Regular Meeting The meeting was called to order at 5:03 p.m. Stewart Fonda declared a quorum present. 5 B , Members present: Cook, Best, Fitzpatrick, Fullerton, Higday, Otis, Giseburt, Lay Members absent: Also present : 1) GREENBELT SANITATION DISTRICT Haviland Stewart Fonda, Director of Utilities Pete Vargas, Assistant City Manager Correspondence between Richard Graham, attorney for Greenbelt Sanitat ion District and City of Englewood was distributed and discussed. The motion passed at the June 5, 1982 meeting disallowing Supplement #13 on the grounds that the contract with Greenbelt had expired . Discussion followed about existing problems and provisions of the previous contract . It wa s the opinion of the Board that Greenbelt Sanitation District had not fulfilled their obligations under the previous contract and that the contract should not be renewed. 2) STANDARD CONNECTOR'S AGREEMENT The Board reviewed the preliminary draft of the Standard Connector's Agreement to be used as the existing district agreements expire. Stewart Fonda wil l be collecting the Board's conwnents on the drafted agreement for revisions at the next meeting. 3) CRESTED BUTTE/AMAX LITIGATION Stewart Fonda outlined the events of the Crested Butte/Amax litigation. A Colorado state statute that prohibits deterioration of a water supply has been used by Englewood to keep stonn drainage from entering Mclellan Reservoir and City Ditch. Crested Butte's ordinance and the state statute were ruled unnecessary since Senate Bill 10 gives the Colorado D partment of Health authority to protect water supplies. If this ruling w re uph ld, it could severely hinder Englewood's efforts to prot ct the water quality of its reservoirs and ditches from deterioration. Rick DeWitt, Englewood's City Attorney is corr spending with th Muni cipal League, which is acting as an amicus cur a in support of the stat statut • The case is in app llate court at this ti . Stewart Fonda will infonn th Board of developments as they aris . • I • - / • • • • • 4) BLACK & VEATCH CONTRACT Stewart Fonda outlined the proposed contract between Black & Veatch and the City of Englewood for consulting engineer services involving financial, management and engineering services. The Board discussed and agreed it would be advantageous to proceed with Phase I at this time and to begin Phase II at a later date. Mr. Fullerton moved; Mr. Giseburt seconded: Ayes: Nays: Absent: Motion carried. The meeting adjourned at 5:55 p.m. To recornnend to City Council that the City Manager contract with Black & Veatch Engineers to complete the work described under Phase I (copy attached) and to review the proposed new contract for sewer service to the districts recently completed by the City Attorney and the Director of Utilities. Cook, Best, Fitzpatrick, Fullerton, Higday, Otis, Giseburt, Lay None Haviland The next Water and Sewer Board Meeting will be held July 13, 1982, at 5:00 p.m. in Conference Room A. Respectfully submitted, ~ ~,'>ArJ Cathy Burrage Recording Secretary • I . • - • BLACKS. VEATCH Mr. S LuarL H. Fonda CtLy of l::nglewood I\. 11011<1 I ss11.,11,·,· F,·.," 1 h, I I ly . 2 • • • May 17, l<f:2 l. Review appropriate Ci Ly ordinances, bond prospec Lu sf's, c, Ly l:'li arL<•r , aucl rl.'porls h y t>l lit•rs Lo prov1dt· l ,.11.kg ,011111 1 '"' (•p t ·1.il - 111g requ I rt·111t·11 L ~. 2. 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The regular meeting of the City Planning and Zoning Connni s sion was called to order by Chairman McBrayer at 7:00 P.M. Members present: Stoel, Barbre, Becker, Carson, Gilchrist, McBrayer Romans, Acting Ex-officio Members absent: Tanguma, Allen, Senti Also present: Senior Planner Susan King Planning Intern Tyrone Temple Economic Development Planner Wm. Richard Hinson Urban Renewal Authority members Minnick and McClung II. APPROVAL OF MINUTES. Chairman McBrayer stated that the Minutes of May 18, 1982, were to be con - sidered for approval. Carson moved: Stoel seconded: The Minutes of Ma y 18, 1982, be approved as written. Mr. McBrayer stated that he felt a statement attributed to him on Page 8 of the Minutes should be reworded to reflect mor e positively on the City . Discus sion ensued. Mr. Gilchrist sugges ted that the sentence be reworded to state : " ..... he found that Englewood wa s much further ahead in many areas than he had previously thought." Mr . Gilchri st asked for an e xplanat ion of the t e rm "hou s ing s tock" which i s use d in the Minutes. Mr s . Roman s s tated th t th is is a term us ed t o refl c t the number of dw !li ng un it , sing! -f mily , multi-family, e t c . Th vote on t h e mo t ion to a p p r ov th Mi nutes , as a mend d, was calle d: AYES: Barbre, ck r, Carron , Gilchrist, Mc Brayer , Sto l NAYS: None ABSENT: Tanguma , All n, S nti The aotion carri d. III. UR BAN RENEWAL PLAN CASE 110-82 c noaic v lo n Mr. Hinson works wt h pr nta ion r ardtn in th Urb n Urb d 5 C I • • • - -2- Mr. Hinson stated that he would like to introduce two members of the Urban Renewal Authority, Mr. Melvin Minnick, and Mr. R. P. McClung. Mr. Hinson stated that the Urban Renewal Plan was received by the City Co uncil at their meeting on June 7, 1982, at which time the City Council directed the Planning and Zoning Commission to hold a public hearing on the proposed Urban Renewal Plan. Mr. Hinson stated that the staff report which was submitted to the Planning Commission addresses the 23 objectives and policies as adopted by the Planning Commission and City Council, and as stated in the Downtown Plan and the Comprehensive Plan. The staff re- port addresses each of these policies and objectives individually, and indicates the compliance of the proposed Urban Renewal Plan with the stated objectives and policies. Mr. Hinson quoted part of the State Statute per- taining to review of the proposed Urban Renewal Plan by the Planning Com- mission, which states that the Planning Commission shall submit its written recommendations regarding the Urban Renewal Plan to the governing body within thirty days after receipt of the plan for review. Mr. Gilchrist asked if the thirty-day period began as of this date when the Commission received the directive and referral from the City Council? Mr. Hinson stated that the thirty-day period would commence as of this date. He stated that the earliest date a Public Hearing on this matter could be held by the Commission would be July 7th. At that time, the staff and Urban Renewal Authority would make a full presentation on the proposed Plan. The Commission would be required to make a determination following the Public Hearing as to whether or not the proposed Urban Renewal Plan is in compliance with the policies and objectives set forth in the Compre- hensive Plan. This determination would have to be in the form of a resolution, which resolution would then be received by City Council at a special meeting on July 12th. The City Council Public Hearing on the proposed Urban Renewal Plan would be scheduled in early Augu t. Mr. Hin son stated that the dis- c ussion by th Commis sion this vening would be centered on the 23 policy s tatements, and wh ther th Urban Renewal Plan is in compliance with those polici sand object iv s. Mr. McBr yer eked how mu ch squ re footage of office and retail use in th downtown ar a would b d moli h d befor the redevelopm nt could tak plac 7 H stated th the felt th figur of 1,740,400 squar f et was rath r misl ding if this was gross addition, and not figured on th net squar foots Mr. Hinson s t t d that information regarding th aqua r footag that would b loat is availabl in the offic ; it is not contain d in the Urban Rn wal Plan. Hr. HcBray r stated that h flt it was iaportant to know th squar foota th twill b d aoliah din th redev lop nt proc s: h flt that ther wa s mor loas of existing retail square foota th • st p opl r aliz Hr. Gilchrist r qu I t d cl rtfJ • I . • • - -3- Hinson stated that commitments from the developer must be in hand before any bonds may be issued. Discussion e n s ued. The property that will have to be acqu i red for the Little Dr y Creek i m- provements was briefly discussed . Mr. Minnick pointed out that there would be minimal property loss except along the flood plain right-of-way. Mr. Minnick pointed out that Alternative s 113 and 11 4 for Little Dry Creek required the same right-of-way width; the design of the channel improve- ments do vary. Mr. Minnick stated that the Urban Renewal Author i ty recom- mended that Alternative 113 be approve d for the Little Or y Creek flood con- trol project. Mr. Hinson stated that the Ci t y Council has scheduled a public hearing on the improvements to Little Ory Creek on June 28th , 7:30 P .M. in the City Council Chambers; this Hearing will offer an opportunity for comments from the public on the improvement of the Creek. Mrs. Becker asked if the square footage figures cited in Il l includ ed the square footage on all floors of the proposed r e development? Mr. Hinson stated that this is the gross square footage proj ec ted in the redevelop- ment plans. Mrs. Becker stated that she felt the re would be a significant increase in the square footage even taking into account what might be lost in the redevelopment program. Mr. McBrayer s tated that he felt it is im- portant to have the gross square footage vs. the net square footage figures. He stated that he felt 10% to 20% of thi s 1 ,740,400 figu re might be de- molished to allow for the redevelopment. Mr. Hinson stated that he did not feel there would be more than approximately 70,000 sq. ft. of retail area that would have to be demolished. Mr. Carson asked how many private homes would be affected by this improve- ment? Mr. Hinson stated that he had cont cted all of the property own ers on th e we s t s ide of Little Ory Cre k, or the ast side of South Bannock Street in the 3400 block; th rear two own r/occupant in that block. di cussion on Hr. Gilchrist IS. H nd no d n nd stated that h f ls ther is a lack H asked if a "them" nd if any progr ss has b n rchant on South Bro dway tc. Mr. Hinson discuss d ssi t nc to property own rs po ibility of 502 nd 503 Hinson tat d th tit is not to but #8 nd I ti in with Policy wa , a contr diction in th polici • ically that th Bro dway r h • Cind r lla Cit • Hr. Hin d • I • • -• • • -4- that the purpos e of the project is to revitalize the Broadway commercial area, and to make the area between South Broadway and Cinderella City aesthetically pleasing to people. Mr. McBrayer stated that he was con- cerned that efforts would be made to improve the Little Dry Creek and the mall would be developed to make that area more attractive, and yet Broadway would be left with the appearance it has today. He stated that the lack of a redevelopment "theme" is of great concern to him. Mr. Minnick pointed out that the Sign Code revisions were considered, and this is a tool to improve the appearance of Broadway. Mr. Minnick noted that it is difficult to determine ways to make financing available to the property owners and businessmen who want to make improvements. Mr. McBrayer stated he appreciated the difficulty of the problem, but pointed out that financing ways are being made available to do the "fun" things such as beautification of Little Dry Cre ek and the mall, but it appears that nothing is being done on South Broadway. Mr. Hinson stated that South Broadway is not being ignored. Mr. Stoel asked for an up-date on the RTD Transit Center. Hr. Hinson stated that the construction of the Transit Center is in the second or third phase of the redevelopment program. The staff is in contact with the RTD staff, and RTD does have funds budgeted for the Englewood RTD Transi t Center. Hr. Hinson pointed out that the Transit Center would not be con s tructed right on the Mall, but would be off the Hall approxi- mat e l y 50 y ards. Mr. Gilchrist asked the amount of the commitment from RTD on th e Trans it Center ? Mr. Hinson stated that he d i d not have the dollar amount of the RTD commitment available, but that funds are in the RTD budget for the construct i on of the ,Transit Center . Mr . Hi nson d iscu s sed that there wi ll be quite a number of parki ng f acilities wi t hin the a rea; this would not necess itate people to do too much walking unless i t we r e their choic e . Hr. Hinson stated that there will be some parki n g which will be below-grade , but there would also be some s urfac e parkin g or t wo-lev e l parki n g wi th both a t-grade and be low-grade fa cilities . Mr. Stoel questioned how it would be possible t o main tain the "sca le" of the buildings a nd s t ill perm i t h igh-rise deve lopme n t i n the area ? Mr. Hinson stated that the buildings constructed right on t he Hall wo u l d not be higher than three stories. The high-rise structures would be set back from the Hall. Mr. McBray r r minded th Commission m mb ra th t th purpoae of th con- sid ration thi evening is to determin if the proposed Urban Ren wal Plan dos ddr as all of th policy stat ments and obj ctiv s set forth in the Compreh nsiv Plan. Discu sion of high-ri nt ensu d. Mr. Barbr qu stion d th actu 1 h ight of th "high-ris " structur s which are propos d? Mr. Hinson stat d that the actual d sign of the buildings has not yet b n don , but that h und rstood th high at would b approximat ly ei ht s tori a. to what means would b us d to ncour g u e of tax cuts or oth rap cial b n fits b mad available Mr. Hinson stat d that thia ha• not b n detenain d • • I • • • • • -5- Mr. Gilchrist asked about the methods to finance the redevelopment? Mr. Hinson discussed the tax increment financing method which is proposed to be used in the redevelopment. Mr. Hinson stated that it is proposed in this project that the property tax increments be used for the entire area, but that the sales tax increments would exclude the Cinderella City shopping center; the sales tax increments from Cinderella City would still go into the general fund of the City. Mr. Gilchrist asked how the tax increment financing related to the bonds for the sewer project, for instance? Mr. Hinson discussed the means of repaying the bonds financed by the tax in- crement method; he stated that the tax increment financing applied to the Urban Renewal Area alone. He stated that the staff has discussed with bond counsel the possibility of getting the tax increment bonds insured. Mr. Hinson stated that there would be no obligation by the City as a whole to repay the bonds issued in the Urban Renewal District; these bond s would be repaid by the tax increases within this area, and by other means as outlined in the Urban Renewal Plan. Mr. KcBrayer discussed the development of a marketing package to promote the redevelopment; he noted that the Planning Commission has initiated a promotional C8111Paign to entice new businesses and development to the down- town area. Kr. Hinson discussed the fact that members of the Englewood Business Association, the Chamber of Conmerce, and the Downtown Development Authority will be involved in the development of the marketing package. Mrs. Romans stated that she felt this policy and objective addressed some- thing beyond the promotional efforts that the Planning Commission has dis- cussed. Mrs. Romans stated that she felt the Downtown Development Authority is the proper body to handle the marketing efforts for the redevelopm nt. Further discussion ensued. Mrs. Becker asled whether the Commission should take any action or make any further commen ts on the proposed Urban Renewal Plan at this meeting? Mr. Hinson stated that nothing ls required at this time; th Public Hearing is scheduled for July 7th, and that following the Haring, it would be appropriate for the Commission to determin wheth r the Plan is consistent with the Compr hensive Plan of the City. Mr. KcBrayer asked that th pecific square footag figures on the retail area that will be demolish din th r dev lopment p ckag b vailable for the next me ting. IV. LANDSCAPE ORDINANCE CASE 18-82 Mr. McBray r stated that th Comaia,ion h db n pr, nt d with ordinanc • p rtaining to landacapin r quir nts from oth r municipaliti s v ral w eks a o, and that th Coaais,ion h d ask d th ,taff to pr p a draft ordinance on l ndscaping r quir nta for th consid ration of Com- aiaaion. Mn. Roman, introduced T apla, Planning Intern, w o hav Land,capin Ordinanc. Mr ,. of land,capin in th aetro would ah th co .. i,,ion. c ntary, indicatin what • d I • • • • - -6- Mrs. Romans stated that in the drafting of the proposed ordinance, the requirements were aimed to provide landscaping for the benefit of the passer-by; however, the slides, particularly of landscaped areas in Toronto, give a different point of view that perhaps landscaping should be provided primarily for those who reside or work within a complex. The proposed landscape ordinance was reviewed by Ms. King. Mr. McBra ye r asked why the staff had proposed landscaping requirements for the R-1, Single-family residence areas. Ms. King stated that the staff was of the opinion that the R-1 Districts should be included if other residential areas were to be required to provide landscaping. Ms. King acknowledged that provision of landscaping in the R-1 areas does not appear to be a problem in Englewood. Ms. King further su111Darized the requirements pro- posed in the draft ordinance. Ms. King pointed out that a "street tree", as addressed in the ordinance, is one tree per every 40 foot of frontage which would be required to be planted along the front property line. Ms. King pointed out that the majority of the residential lots in Englewood are 50 foot frontage; this would give at least one tree per lot, and would allow space for the tree to mature. Discussion ensued. Ms. Stowell stated that 40 feet is the approximate space required for large shade trees. Hr. Stoel stated that he understood that one of the goals of the Com- mission is to make it possible for development of smaller lots than the conventional 50 foot frontage; however, he felt this requirement of one tree for each 40 feet of frontage would be a contradiction of that goal. Ms. King pointed out that most of the land in Englewood has been sub- divided and the ownerships are 50 foot frontage; she stat d that the staff was giving more consideration to the number of trees required in this ordinance than to the size of lots. Hr. Gilch r ist inqui r d what size tree would be required ? Ms. King stated that th aini si ze for deciduous trees would be 2" to 2-1/2" caliper. Ms. King stated that consideration must b given to requirements for land- scaping when the building line is on th lot line. Ms. King stated that the staff has proposed an amendment to Statement of Intent and Applicability of Ordinance Standard s, regarding th c reation of a Ci t y Landscape and Fine Art Fund, and requiring property owners to contribute 1 % of the valu of the d velopment into such Fund when it is physically im possible to meet the landscaping requirement s on a particular site. Mr. McBrayer asked if a property own er/developer can comply with only a part of the landscaping r quirem nts, would they b required to con tribute some fraction of a per- cent toward thi Fund? Discussion nsued. Ms. Romana sta ted that thi s proc dure for financing public projects ha b nus din oth r metropolitan ar aa; ah point d out th t moat of th structures along South Broadway ar at z ro lot lin , but if such fund w r in exist nee the diana could b 1 ndacap d, and th building could still be construct d. Hr. Gilchrist stat d that so of th in Ma. King's pres ntation w r of stabliahment , in Engl wood that hav done av ry good job of l ndac pin ; he a, d if thy would b giv n er dit for thi • landscaping? Ha. King at t d that thi proposed ordinanc and r quir ment , would not b de r troactive; the ordin nc 1• gar d toward r quir nt, for n w cons truction . , King acknowl dg d that th etaff haa consider d re- quiring landecaping on prop rt1, that have ch n down r ehip , or wh r ext n iv r d lin 1, don , but cha basically, it ia for n w d v lop- nt. • I • • • •' - -7- Hr. Gilchrist asked if the staff felt that the establishments who have installed landscaping would have done so without it being required ? Hr s . Romans pointed out that the majority of those establishments have don e so without requirements. Ms. King discussed the landscape standards which apply in the Denver Tech Center; there is design criteria which developers must meet, and there is an architectural review committee which also goes over the plans that are submitted. Ms. King discussed the landscaping that has been installed at the Burger King restaurant on U.S. 285; she stated that she was quite i m- pressed with the landscaping that has been done at this site. Mr. Gilchrist asked if there have been suggestions by staff to incorporate landscaping into new developments that have not been followed? Ms. King cited one instance wherein the developer of a car wash had promi sed to in- stall landscaping, but following construc tion o f the facilit y refu s ed to do so. Ms. Becker expressed concern over the percentage of landscaping required in the front yards in residential areas ; she a s ked who the landscaping i s being required for --those driving by on the s treet, or the residents ? Ms. Becker posed another question concerning the way a house is s ituate d on the lot: suppose the house wa s to f a ce the south, and the street tree is required; what affect would th is hav e on th e s olar acc ess ? Ms. Stowe ll pointed out that the street trees requ i r e d would be dec iduous trees wh ich would give shade in the summer, and woul d dro p the l e ave s i n the f a ll, thu s providing no barrier to the winter s un . Ms . St owell pointed out that only s pecific types of trees would be r ecommend e d fo r plant i ng, also. Hr . Gilchrist stated that it appeared t o him if people we r e to construc t the i r own home, and could only af f ord to plant one tree , th is ordinance would dictate that this tree be planted i n th f r o nt ya rd. Hr. HcBrayer stated that he f elt th proposed o rdinan ce is i n e rro r i n address ing the R-1 zoning; he d i d not fee l t hat the Ci t y s h ould ge t i n - v olved in wh a t people do in their own ham s , s nd that the o riginal inte nt of the Comm iss ion was to regulate and estab l ish min i mum s tandards f or mult i- f ami ly r esident i al, business and i ndu st r ial z on e di s trict s. Discu ssion e n- s ue d on the r ationale for i nc ludi n g t he R-1 Zon Dis t rict s i n the p r oposed regula t ions. Mrs. Ro ma n s s t ated that sh did not und erstand t h e conce r n of the Colllllli ssion, and poin t e d o u t that 1 ndsc ping r equiremen t s are already s et forth in th R-2 and R-3 Distric t s ; it was felt that to be eff ctiv , the ordinanc a hould apply to 11 prop rti sin the City. Hr . HcBr yer a tat d that h c ould s none d for th r gulation in th R-1 Zon Di s- tricts, and that lDO t p ople 1 nds cap th ir ingl -family hams anywa y . Hr. Sto 1 a tated th th did not agr with the premise the staff ha advocat d that th regulations must c onsist ntly apply to all zone dis- tricts; h pointed ou t tha t in th R-2 and R-3 Zone Distr icts , i nvestors ar i nvolv d and thy ar more sophisticat d peopl than th ordinary hOIII own r". Hr, Sto 1 point d out that th r are v ry few vac nt lot s in En glewo od for dev elop n t of singl -f mily hom s. Hr s . B ck r st t d th t ah did not feel it was unr aonable to require p o ple liv ing in a ingle-faaily ar •• to prov id 1 dscapin ; sh di cus d a r cent purch ah was ware of in Ft. Collins, wh r in th aod tr w r part of th purcha pc Furth r diacu aion na u don th inclusion of th R-1 Zon Oiatric ta i n th propo ed l nd c p ordin nc • • I • • • • - -8- McBrayer moved: Carson seconded: The R-1-A, R-1-B, and R-1-C Zone Districts be excluded from the proposed Landscaping Ordinance. Mr. McBrayer stated that there is a different economical situation facing the single-family homeowner than is facing the investor, and he did not feel it was right for the City to impose landscaping regulations on the R-1 Zone Districts. Discussion ensued. Ms. Becker stated that she would like a little more consideration on this matter. Mrs. Romans pointed out that probably 90% of the units constructed in the R-2 and R-3 districts are single-family homes; does this mean that the Com- mission would require landscaping on single-family homes that are constructed in an R-2 or R-3 District, but not require landscaping for a single-family home constructed in an R-1-A, R-1-B , or R-1-C Zone District? Mrs. Romans expressed the opinion that if a single-family home were built, but were not landscaped for four or five years, more complaints would be registered regarding that particular property than would be received if a building in a commercial or industrial district were not landscaped. Mrs. Romans stated that the staff feels there must be some control in all zone dis- tricts. Discussion ensued. Mr. Gilchrist expressed the opinion that neighbors in a neighborhood would assist in putting in a lawn if a prop- erty were not landscaped in a reasonable time. Mrs. Becker asked how much vacant land there is in the R-1-A, R-1-B and R-1-C Districts? Ms. King stated that there is very little vacant land in those zone districts. Mr. McBrayer asked if he would have to'put in landscaping if he remodeled his residence or place of business? Ms. King stated that under the pro- posed ordinance, the installation of landscaping would be required. Mr. Temple inquired if the time factor was of concern in the R-1 land- scaping requirem nts; if the CoUDDission would be more receptive of the proposed restrictions if the landscaping were required to be done within one y ar or 18 months, as an example? Mr. McBrayer stated that he felt this requirement is more bureaucracy and would only b er ating more work. He sked that the vote be called on the motion to eliminate the R-1 Zon Districts frOII th landscaping ordinance. AYES: Barbre, Carson, Gilchrist, McBrayer, Stoel AYS: B cker ABSENT: All , S nti, T nguma Th motion carri d. Mrs. ain pos d the qu ation of wh th r or not landscaping ia to b r on single-family hom a in th R-2 and R-3 Districts? Mr. Sto l stat d that h would b oppoa d tor quiring landscaping on single-family ho a in th R-2 District; h point d out that he did not f 1 than an R-1 d v lop nt in n R-2 Zon District would b th high at and bat ua o the rty. Further diacuaaion enau d. Mr. th propo d ordinanc co .. iaaion on Jun b furth r r vi w d at 22nd; h aak d that th nta or diacuaaion at that t • I • • .. ' • • • - -9- Mrs. Becker stated that she would like to see an opinion from the legal staff whether or not requiring landscaping on the R-2 development but not on a single-family home in an R-2 Zone District, is discriminatory. Mrs. Becker expressed the o pinion that j ust because a piece of property is zoned R-2, the highest and best use of the property should not be determined on a financial bas is . Mr. McBrayer asked what the parking requirements for a single-family home are in the R-2 District? Mrs. Romans stated that the parking r e - quirements are the same for a single-family home no matter what zone district it is located in. Ms. King asked for a brief discussion on the review process as propose d in the draft ordinance. Ms. King stated that it is proposed that the land- scaping plans be shown on the site plan of the proposed development, and that the Parks Department would be added to the list of departments t o re- view and sign off on the permit. Ms. King estimated that this would add no more than five days to the total review time of the building permi t ap- plication. Ms. Stowell pointed out that in the majority of cases, it would require about one-half hour to review the plans . Di scussion ensued. Me m- bers of the Coa11ission expressed concern that this would add to the time required for approval of the Permits. Ms. King suggested that possibly wording could be added to state that if approval i s not received within a given period, it would be assumed that the plans were approved by the Parks Department. The possibility of allowing variances from the r e quirement s wa s dis c us sed. Ms. King stated that it is presently proposed that a vari ance of 20 % or less could be allowed by the Director o f Communit y Development; any variance of 20% or more would have to be approved by the Planning Commi ss ion. Ms. Ki ng stated that the variance permiss ion by the Direc tor of Communit y De - velopment was included in an effort to be f lexible . Ms. Be c ke r asked how landscap i ng wh ich mi ght be done on roo f s and i n pl az a s fit i nto the proposed ordi nance ? Mr s . Roman s s tated that s he felt the Com- mi ssion mu s t make the determination o f whether the lands caping would be r e- quired fo r appearances sake from the s tre et, or f or the comfort and e n joy- ment o f t he people using th prope rt y. Ms . Stowe ll aske d if t he Co mm ission had a ny specific question s about the type of l and scap i ng pr oposed to be required or allow d. Ms. Becker asked if th re was a City Planting Gu ide in exist nc? Ms. Stow 11 and Ms. King indicated that s uch a Plantin g Guide is und r discussion nd will bed v lop d in th n ar future. Mr. Barbre noted that in som of th nd pl ntings wer d pict ed as being fl u h against a wall planting ar a 1 ft op ninth c on cret e wa lk; h sked if this proc d u r is actually practical, a nd how w 11 do th plants a urv i v 7 M. Stow 11 stat d that n und r- ground root irrigation syst m would hav to b install d to prop rly m 1n- tain such pl nting , 1d th tit would b hard to do in ar as th tar alre dy d v loped . Mrs. Ro s ask d if there w r of the propos d ordinanc? M B ck r sk ment thi~ would r quire? Hr. HcBray r ask to all landscap d prop rti s? Hrs. R ns only apply to tho proparti s with approv on th Hainten nc section how much dditional nforc - 1 this ction would pply sta d that this s ction would d landacapin pl ns. • I • • • • • -10- Further discussion ensued. The matter will again be considered at the meeting of June 22nd. V. SIGN CODE VARIANCE. CASE 119-82 Mrs. Romans stated that the legal staff has indicated they would like to do further research on the proposed amendments to the Comprehensive Zoning Ordinance which would be used by the Board of Adjustment in considering requests for variances to the Sign Code. Brief discussion ensued. It was the consensus of the Commission that this matter should be scheduled for Public Hearing on July 20th. VI. RESOURCE DATA COLLECTION. Mr. McBrayer stated that the staff has collected some information on the City of Englewood which is presently available, or has been available in the recent past. Mrs. Romans stated that Mr. Mike Haviland, Executive Director of the Englewood Downtown Development Authority, and Mr. Richard Harrison, Executive Vi ce Pre sident of the Centennial Chamber of Commerce, have been invite d t o attend the spec ial meeting o f the Planni ng Commiss i on on June 15th to bring the Commis s ion up-to-date on the information thes e two organizations ha ve ava i lable. Mr. McBray e r discussed t h e s pecial me e t i n g wh ich has been cal led for J une 15th. Mr s . Roman s s t a ted that City Attorney DeW i tt ha s i nd icate d he will be present at t hat me e ting to discuss a possibl e amendment t o th e Compreh e n s ive Zon i ng Ord i nance . ' Mr s. Becke r n o t e d that she would n o t be a ble t o a t tend tha t meetin g of t he Comm ission. VII. GOALS OF PLANNIN G CO MMI SS ION. Mr. Mc Brayer r eview d the goal s of t he Comm ission wh ich had bee n i nd icated for con side r ation in June; he noted t hat th La nd sca p Ord i nance is un der- way , and that the Data R source Collection goal is also well und rvay. Mr. McBr yr stat d th th h d dr ft d lett r to th City Council stating that th Planning Commission will support th City Council in th improv m nt of th South Santa F Driv corridor and th Hampd n/ Ith ca coup! t. Discus ion nsu d. So modification of the l tter was sugg sted, nd ace pt d by Mr. McBray r. B ck r mov d: Caraon s cond d: Th Planning Co mm ission ccept th l tt r from Ch it11an Ed McBray r to th Engl wood City Council as amend d , and AYES: NAYS: ABS NT: th t said l tt r b n t to th City Council. 8 rbr , B ck r, Carson, Cilchriat , H Bray r, Sto l on S nti, Tan \1118, All n Th motion carri d. • I • -• • • -11- VIII. PUBLIC FORUM. There was no one present to address the CoDDllission. IX. DIRECTOR'S CHOICE. Mrs. Romans stated that Ms. Powers was attending another meeting out of City Hall, and could not be at the Commission meeting this evening. Mrs. Romans stated that she would like to commend Tyrone Temple for his work on the proposed Landscape Ordinance. She noted that Mr. Temple is also working on the sign survey. Mrs. Romans further discussed the special meeting called for June 15th at which time City Attorney DeWitt will discuss the proposed amendment of the Zoning Ordinance relative to public facilities. Mr. Haviland of the EDDA and Mr. Harrison of the Chamber of CoDD11erce are also scheduled to be in attendance to discuss the promotional activities of those two bodies. At the meeting of June 22nd, the Landscape Ordinance will again be dis- cussed, and the Capital Improvement Program will also be considered by the Commission. The City Council has called a Public Hearing on the Little Dry Creek improvement alternatives for June 28th, 7:30 P.M. in the City Council Chambers. Hrs. Romans stated that the first m ting of the Commission in July will be on Wednesday, July 7th, at which time there will be a Public Hearing on the Urban Renewal Plan. X. COMMISSION'S CHOICE. Hrs. B ck r ask d if th re was any further information availabl on the law suit against th City by the Adult Center? Hrs. Romans stat d that she hash ard nothing furth r on this law suit. She reported briefly on r cent trip to Boston to attend an ALI/ABA Conf rence, wherein dult uses such aa th Adult C nt r w r a topic of discussion. Sh r ported that thi• ia a nation-wid bu in as. Hrs. Romans reported that th matter of sin r gulation w a al o a topic of discussion at this conf r nee. Mr. McBr yr ask d if additional infora tion on th l w suit could b availabl t th next ting? djourn d at 5 .M. o a Ulllllll'r picnic for the Commi sion ff and th ir families. Discussion would b happy to hav th picnic t t pproxima ly 4:00 P.H. wa s • I • • • TO: FROM: DATE: SUBJECT: • • • MEMORANDUM Honorable Mayor Eugene L. Otis and Members of City Council Louis Parkinson. Municipal Judge'llf' June 30. 1982 PlJNICIPAL COURT ACTIVITY REPORT FOR MAY. 1982 Attached is the Municipal Court Activity Report for May. 1982. 5 d., The report is being transmitted to keep you further informed of Court activity and requires no action by City Council. /b Att. • I . . I • • • • ~l..~L~T. ACTJ.Y !T Y REP ORr ---------------···--·········-·· .. ·----~----------···--·--·---· -·· -··-·-·····----- ~l '/EtllJr SO Uk C[ ",/IV 1~~? TOT AL~, rn1t Y[AH fOTnl ~ I Oil l[M --·-------·-------·--------------·-·--··--. -·--· --------------------··--------- V1o 1 at1ons Cureau f ines------------------S 5 ,1 25 .00 Parkin1 Violation ·. fine ·.-----------------S 4, 1M.,O Court Ca s e s -------· ----------------------S 10 ,67 ~. 00 Court Cos ts------------------------------S l, 127.. 90 Witness Fees---------· -------------------S 3~. on ,Jury I cc~·--·-----------·----------------S, l l 11,00 Uond f'orfeitures-------------------------S 150 .00 Or1ver Improvement School Fees-----------S 31S .OO llwc ,ol Unn,I fce ·;---------------------··-·S -0- Arapahoe County (DUI 's )-··--······-------S 11450.00 TOTAlS $25,386.40 ARRA lf.NllfrlT~-----------· • ····--·-----•••• Guilty ple•s (Inc l . nolo ploas )----· Not Guilty pleas-------------------- Cont 'd. F11led to Appear, 01s,.,.----- TRAFFIC VIOLATIONS BUREAU (no park1ng)--- Gu1lty pleu-----·------------------ Not Gull ty pleas-------------------- TAIALS SCHEDULED FOR MONTH --------------- Trials to thr. Court (held)---------- Jury trials (held)------------------ Jur11s collapsed-------------------- Jury Pre-tr11ls-------------------------- f.n11rt Pre-trials---------------------···· Sp,,c:1• 1 HHr l ngs -----------··------------ Cases closed by dispos i tion (P .8. )-----;- Ca ses closed by Def . Pros ./Sentence------ Driver School attendance----------------- Warrants and Executions 1ssued-----··---- C1>es pending (not Incl. park i ng)-------- NO , OF CASES FILED BY CATA GOR Y: Trafr i c v i o l Hlon s ---------------·---· -· - l'Jrk 1 n,1 v 1 o l a t I on s ---------------------• - Shop 11 H1 ng v i o h tf on s------··------· ---- Othe r ord 1M nc t vi oht1ons--------------- An lOll1 Or d1 Mnce v1oht1on,-------------- Co,,,p h fn ts (ci t izen, ules tu, bldg.)--- 7.n!i 116 71 7q ~ 16Q 114 ~(W 3n ( 16) 7 ( 5) 2 37 7 1~ 72 178 7 22 52 1,476 3r,1 q~o 46 66 JR 8 Shnw C1u<t citetlons---···--··-------·---___ IQ TOT/\l ", l .~~~ i;iit '21,qp~ IIARO~~= of6/un1r11vl 1·00,,1 cc : JU<1<1" louh r1,tl11<M 5,758 .00 5 .'171.7 !.i 8 ,576.00 2,261.00 100.no -u - 200.00 180.00 ·U- ~ 23,696 .25 1_3_~. 135 128 71 l~ 2Rl 96 189 (21) 163 ( IO ) 26 ( 3 ) 23 17 I M 70 11 5 5 17 112 1,634 6~9 9t1 7 18 80 20 14 ~ 1.77A Hnnnr1 blo May M (u~•nr l. llfi< ,1 n~ ~·o ,.t,r,·, of Cily r nuncll t1to,t,er1 n f th• '""rt Mvhnrv '<•~dt•e• Andy McCown. r1ty lhM1rr Rick Oellitt, Cl t v -tto,n•v Allbe rt Hol•u, r.hi~f of Pol Ice r .. ry Hi~~••• D1rec•or of Fln1nr• Carolyne J . 9o-t.tntr, Cnu rt ~di tnfs trator • 26,fiJ0 .50 ?fl ,41 7.r.5 62 ,393. on 18,353 .90 505 .00 22~.oo 1,960 .00 1,365.00 -0- 5,507.50 145,352.75 l_,6_1_5_ 733 476 406 1,539 906 633 292 (fill 26 2 { 10 1) 30 ( 8) 22 150 J ,311 422 1 ,0 17 46 102 318 2,115 5 ,43 1 23 5 300 54 20 -2.l! 11,211 26,33 8 .40 1'1, l'lf!.1111 53 ,403.00 16,60 1.00 5n~.on l i'~.00 Ull0.00 1,500.00 ·ll· --1.,lf12.:2Q. 138,1 78 .84 1. 7' 7 7r,3 54 3 401 1,64 2 1,239 403 !..t.!1i(~) 1,01~ (n7) 11 5 ( O) 108 113 1n 327 631 20 120 377 2,649 5 ,474 137 340 Ill 25 ~ n ,736 I • • - C O U N C I L DATE July 1, 1982 • • • C O M M U N I C A T I O N AGENDA ITEM 6(a) SUBJECT Possible Contractual Arrangeme , t with Urban Edges, Inc, INITIATED BY Eog;J ewoad Parks and Rccceat ion Cammi ssi oo ACT I ON PROPOSED Io coor cact wl cb llcbao Edges, Joe foe food raising for the purpose of developing hike and bike trails through Platte River Greenway INTRODUCTION AND BACKGROUND J.»Y In October of this year, Joe Shoemaker, Chairman of the Denver Greenway, contacted Mayor Eugene Otis regarding the possibility of joining the Denver Greenway and South Suburban Metro Recreation and Park District in retaining Urban Edges, Inc. (an engineering consultant and fund raising (irm) to do a trail design from Denver city limits to Chatfield Dam. However, our City Engineer- ing Department had previously contracted with Wright McLaughlin to do the design for Englewood's section of the trail from West Oxford Avenue to We s t Hampden Av enu The City had plans to construct the main hike and bike trail and a smaller nature loop trail through the we st greenbelt . Th e loop trail would b used by school c las ses and s pecial nature tours sponsored by the Rec reation Dep rtment . Both trails were to be construct d of quartz fines. The main trail was designed to b four feet wide, and the nature loop trail three feet wide. The amount o( $26,000 was budget d for these two trails several y ars gn with th exp ctatlon that th U.S . Corps of Engln rlng would do most of th prep r tion for thl' b se of th trails • nd upply th rlp r p n ces ry Lo prot ct th tr l l ln c rtaln re s . M anwhil, Urb n Edg s, Inc. w s ret i nd by the D nver Green- way and South Suburb n Parks and R er ation District for their portion of th Lr il, Urb n Edg s, lnc. d slgn d th trai.l nd raised ov r $3 million or th con truction. Th D nver Tr il was d ign d to b el ht feet wide and constructed of concret, A conce rn ha• now b n rats d by both Denver Cr n- way and South Suburb n that th tr 11 b uniform ln d lgn nd co net ruct lon. I • • - • • • • Page 2 FINANCIAL DETAILS According to Wright McLaughlin, the cost to construct an eight foot wide, 3/4 mile long concrete trail would be $620,000. They estimate that the cost for the nature loop trail contracted with quartz fines would be $20,000. The $640,000 total cost projected by Wright McLaughlin includes the portion of the project committed to by the U.S. Corps of Engineers. lt is still our understanding that the Corps will do the bank stablilzation work for this project. Of the $640,000 total cost it is anticipated that the City's share would be approximately $100,000 to $125,000. This would also include a trail on the Golf Course which was not included previously. If it is Council's desire to construct a trail compatible to what Denver Greenway and South Suburban have constructed it would be the staffs recommendation that Urban Edges, Inc. be retained to raise the funds necessary for that construction. A concrete trail would be more des irable for bike riding and maintenance costs would be considerably lower over the life of the trail. The total cost to the City for services rendered by Urban Edges, Inc. for the five phases of work would be $3,850.00. In addition, Urban Edges would receive 10% of all funds raised. RECOMMENDATION That the City contr ct with Urban Edges, Inc. for a one-year period to assist the City in securing private sector funds for the construction of a concre te hikP/bike trail from West Oxford to West Hampd n Av e nue and a loop granite fin e trail in the greenbelt area. SUGGESTED ACTION: MOV ED BY _______________ _ SECOND ----------------~ YES NO ______ __, BSENT ___________ _ • I • • n - • t 0 N o, 0 I ~ (Y) co ,,,---...., (Y) 0 (Y) '-.-/ (Y) 0 I 0 co 0 0 1 I.. 0) { Cu D -I U) C 0 •I 0) C L • U) -I' er L( • • • • tl)(Jt~ May 11, 1982 Eugene L. Otis, Mayor City of Englewood 3 ~0 0 Elati St reet Eny I C!WOOU, Co I ora<lo 80 I I O Dear Mr. Otis: R E c·· r· ~ V r ·~ .. ,.IJ t. . ,1:-. L /1;{.J,'( 1 4. 1982 CITY MAN :\GEil':·. OFrltT ENGLEWOOD We were very pleased to hear recently that the City o f Englewood would I ikc to en ter in to a contractual arrangement with Urban Edges, Inc. to raise money for the recreational trail laying within the city limits of your community. As you know we have be en the fundraisers and developers of the trai I in Lh e Denver comm unity and are <lelighted that Englewood is taking this fa r ~igh Led view of trying to fund the recreational trail as it proceeds through your golf course and onto Chatfield State Recreation Area. We are pleased to enclose a propo sal for our involvement in this exciting effort and after you have looked it over, i f you have any questions, please gi ve us a call. Wu have been devc l opin~ the recreationnl amenities along the Platte i n Denver for close to seven year5 an<l feel that wu can offer your convnunily the expcrti!>'-' we have come by in this effort. To date, ,,e have raised close to 11 mi 11 ion dollars fo r the Denver project , which amounts to about one mil lion do llar s a mile as we hav e the Len miles now close Lo completion. Eighteen parks a long Lhc Greenway have added apporximately ~SO acre!> of open !>pace so 5orcly need ed in the Denver Metro area.You have taken the next obvious step by beginning to improve riv~rs'corridnrs that ge es through your community and we feel there i!, f un<ling from the r,riv.itc sector 1h,1t c.1n be obLained for such a venLure . Thi ~ 1 ·L1cr .:111d 11 !.hoppin•J li ~l 11 of •.,(!r viccs can 111c:nL and Jl 1,·a·,l '.l•·l u ·. •,t.1rtr,d it · th,· initi,11 Cn!Jlcwou<l Connection to th,, Crcc,iwuy in Oenvcr . view of what is needed along that river corridor unique services along the lines of marketing and th Is proposa I. If you have any questions p 1 ease Ju.ln MJ •)uu JM/<,w ENCL act a!> a contractual arrang c- ',l<·p~ of fundr.1i ~inq for th e We certainly have: J co111prehcn•.1v , and feel that we can offer you fundraising. Plea se look over gi ve me a ca 11 • / I / (I', t' /, ' ;--~ ( I I • • - 0 GJ o, 0 I ~ C0 co ,,---..._ C0 0 C0 '-.._,/ C0 0 GJ 0 co 0 0 \.. (1 J r '- Q) D -l (/) 0 I C>) C L • (/) '-.J --~ (0 U ) I I • • • • ------------------------------------------Inc: PROPOSAL FOR INVOLV EMENT URBAN EDGES, INC. AND COMMUNITY OF ENGLEWOOO ,, \ FUNDING OF THE ENG LEWOO D CONNECTION TO THE PLATTE RIVER GRE[NWAY Th <: ro ll o,1iny i~ Ll,c, ~cope or ,,e ,·vic":. propo•ed by UEI ror th e (:•.1z1l,l i•,li11u ,11L of an onyoing f undin g ua se Lo complet e th e i mp rovem e nt s a long Lh e Pl<1Lle Corridor from Hampden South to Oxford as it passes through your gol f course. Th e e l ements of t he p rop osa l would include establishing a process Lo rai •e a qua rter of a mi I lion dollars (u•iny t he Wri ght-Mclaughlin Enyi nc er,ny estimate) and services that would allov1 the COfTVTlunity to continue to raise maintenance and other monies necessary for the continuation of this p rojec t. Th e c leme nts of thi s proposal wi 11 be performed over a one year period and Lh e p ri ces below do nol include printing costs of materials and oul of pocket expenses l isted sepa rately . We have, howe v er, estimated printing costs to enable the community of Englewood to better ascertain wha t t he total expen ses will be . I. De v e lopm ent of receivership funnel for tax-exem pt funds . Urban Edge• wi 11 a•sis l in Lht.: developmen t of the working proc-.:dur c of th e non profit-Lax exempt foundatio n and/or city donation funn el t o acce pt fund s ror Englewoo d Gr c nway . The scope or involvement wi 11 includ e the follo,linq : o Design of consistent logo and/or graphics o Assistance in development of an operating budget for ma int enance of th e fundraising oper ation Co0rdi11;i1 ion ,Ii Lh ,111 01hc1· "'l''nCil!'., in Lh e ci Ly Lo a~-,ur<· 1h,· <'ullnJrkc d nJLur" of fund•. lu, IIH · Ln,Jlcwood Gr•cnw;.1y PRINCIPAL T IME 10 hours sso.oo $ 500.00 11 . Preparation of marlv::ting material fo r the "Englewood Connection" Makin g the project ready to sel 1 Lo the private sector . l hi•, w i 11 inc I u<h ·: Writing 0 signing nd 0 0 0 f'rintiny am r 1•Lin<J pi ci, th L would identify th Englc1~00 J Conn•,:;11011 and meet lh criteria neces•ary for private sector f und ing. Some que lions to b ns,erdare: () ,, 0 {J Th Lim fr m of construction llow 10 n1,1rkl'L liw proje l qivcn lh hiqh vhibi lily lhol lhh wi 11 l1JVU 'Ii th L111 · •1011 cuurt.e Prnpar Lion o( the µi cu su th.it people c.i,, :.~' involv ed 1·111h Lili~ p roject th Mom nt thy pie~ up th m rketlng brochur Prep rat Ion o( the bud9 L, includlng pcrc ntagc lo !JO ir lu m ,n- • o k klln t JI( robeit rn. ,oon mo on I • • - • • • • - tenance of the proj e ct, and, pe rh a ps , administration, i f necu55ary- unless the city will be of f e r i ng this money funnel free of ch ar ge to the community o Pr e paration o f necess .iry amen i t i es s uc h a s picnic tabl es and othe r items LhaL can be sold LO t he ge nc r ill pu b l i c, not onl y a~ il 111arkcLiny procedure, but as a way to involve Lh e cons Li Luency o CoordinaLe Lhi s e ffort with Lh e De nv e r Gr ee nway ilnd Lh e LiLl ie l on Gr e enway to be ,.ure thal 111oni "~ Liial we rili5 c wi 11 nol in fri 11 ye on the South Suburbiln funding e f fort, buL that Lhe Lhree will e nhan ce one a no the r. PR IN CIPAL TIME : '.I.O huur 5 ~ ','..,O.llO/liour 10 hour~~ $30.00/hour ~ I ,OOU .00 $ 3 0 0.00 ~-,300 .00 ASSOCIATE TIME: TOTAL NOTE : EstimaLed printing cost s for a small brochure similar to th e Pu eb l o brochure (attached) could run approximately 11C a piece or a total estimated printing cost of $1,500 including design for 10,000 copies. I I I .Fundraisin g marketing plan and r e source plan and resource list o Urban Edges will investigate f unding potential and pattern s t.o <1ssess expectation s for funding for t he Engl e wood Connection . o Urban Edges will allow the community of Englewood to use th e comput e r - ized corporil te and found.it ion I i s l d e veloped in our office fo r s oli - c itation of fu nch o Th is i nclud e~ 3 ,000 co r por il Lion s , foundaLio ns , and indiv id ua l s in Lh<' r r onl Ranyc ,,h oa r <> ap pr op ri a t e g ive r s LO such a project (Th i 5 5ervicc i5 avai I ab l e only Lo o u r c l i en L5) o A li s t of a p proximatel y •l ,000 Engl ewood bu s iness e s and indi v id ua l s wi II be pul togethe r a nd pul in to our co;n put e r fo r s ol icila Lion Lo lo recei v e the b roch ure Lhal we have d e v e lope d fo r f u nding The fc•c • for this <,Ludy an d i nfor111alion inc l ude5: o Rc:.earch o Comp ute r Li me o Phone ca ll s o P r i ncipa l and Associ a te Lime TOTAL COST: $ I ,000.00 IV . Oc!>iqn and prcpar,JL1un of a f11ndr..ii5inq evcnl LO b n·fil Lhe Enqle,-,ood Con11ccl ion 0 0 Urb a n Ed ges slil l design and advi5e on the stabl ishment of an annual cv nl t o be carried o u l, pcrhap!, on the golf cou rse, al which tim donilLions wi 11 be so l icited ilnd a press conf r e nce will be held LO announce t he fundr<1isin9 projec t f o r th i s trail connection . Our ~Laffelill c.Jc5i<Jn t he conccpl and Lhen promote th• furul,,hiny ,v,,nL 01illt l11l' c..oupcrntion ol 111· P rk" i1nd R,•crc,a1ion lk1 ,.11t1,11 11t uf (nyl,·.iuoc.J ..ind 1111• yolf 1.our:.1: Man..iyenwnl • I • • - • • • • • o We will coordinate the timing and develop the contact list a ~ wel 1 as invite lhe individuals lo lhis e ven t. The obvious public relalion s factor of this lypc thing is ,,cl 1 worlh while and devclopmt:111 or i l as an annua 1 event is to accon~noda te the maintenance endowme n t or ongoing funding for this connection trail. o Urban Edge~ wil I also obtain a ~ponsor lo underwrite th e c xp un~t:~ or lhi~ fu ndrai ~ing cvenl and be on hand to carry il oul. PR INCIPAL TIME : /\SSOC I/\TE T IM[: 15 hours @ $50.00 /hour 10 hour~ f.! $30.00/1,our $ 7 so. 00 S 300.00 "s 1-:-~0:-00 TOTAL V. Actual assistance in secur ing private sector donations This w i 11 inc 1 ude : o Investigation and securing of actual donations for the proj e c t from al 1 sou rces fo und to date, including followup This portion wi 11 include : o Our going out on private visits taking, perhaps, the mayor and different entities with us to the corporate heads, say at Invernes s Greenwood Plaza, and all the olher corporations out south o Preparation of actual granl proposals to th e major roundaLions in Colorado for runding . We wi 11 fol low lhesc grant pro1,<>~al~ to the major foundations clear through to personal visits with lhe directors as well as s ubmission of any new information to lo them righl lhrou9h th e lime of dechion ror the granl. We have a ~clicd ule of wht:n lhcir lruslt:cs n,ccl and know cxaclly how Lo go to the se founda lion~ and so Ii c i l lhem for mone y. TOTAL COST of thi~ phase i s equivalent to 1o i of fund s rai sed · NOTE : Thrre wi II be no up front co~L to lhe roundalion and/or City or Englee,ood for lhi s porlion er the Contract wilh Lhe underslanding thDL lhe ri sk of this solicitation is laken by Urban Edges, Inc . This a manner in which we can pay back the hours spwnt in Lhi~ pha se with the equivalent of 10 % of funds raised . Payment is to be made on receipt of grant . SUMl'.ARY: PHASE PHASE I I PHASE I I I Pit/ISL I V PIIAS[ V lot.ti t.v~L h JU of lunth rai~t:d • TOT/IL $ 500.00 S 1,300 .00 $1,000.00 5 1,0)0 .00 S 3 ,850.00 I • • - • • • • VI. CO NDITIONS : o Urban Edges, In c. wi I I acL a~ coordinator of grant-seeking c rforL 5 and will be ad vi sed on a timely basis of the roundation's oll,er fundraising acLivilies Lo assure an ongoing coordinated effo rL o Urban Edg e~. Inc. requires Lhal its clients provide a currc111. adopted operating budget including administration costs to be inserted in the applications for funding to all sectors. o Sig nature s applicd Lo this proposal constituLc, an agreemenL for services. -) c__~<'-4--~_,,;........-_,; Joan Mason, Principal / Urban Edges, Inc . Eugene L. Otis Mayor of Englewood Packy Roman s, Director of South Suburba n RecreaLion and Parks District I • • n -• • • C O U N C I L C O M M U N I C A T I O N DATE July 1, 1982 AGENDA ITEM SUBJECT Black & Veatch Contract lDb 1 N 1 Tl ATED BY ______ wa_t_e_r_a_n_d_Se_w_e_r_B_o_a_r_d_a_n_d_B_l_a_c_k_a_n_d_.;..Ve.;..a...;t_c_h_E_n..,.g_i n_e_e_r-'-s- ACT I ON PROPOSED. _____ c_on_t_r_a_ct_w_i_th_B_l_ac_k_a_nd_V_e_at_c_h_En~g_i_n_ee_r_s _____ _ INTRODUCTION The revenues received for sewer service are needed to pay for the operation and maintenance of the sewage treatment plant and sewer system. After paying for operation and maintenance expenses, revenues are needed to pay the capital costs of the plant. Some capital costs occur yearly and funded out of current revenues while other major capital costs are financed through debt service. The funds available each year to pay the annual principal and interest payment on these bonds should exceed the amount of principal and interest payments by some amount. The ratio of this amount to the payments is generally referred to as "coverage". The amount of coverage for revenue bond issues wi 11 significantly influence the bond rating that the City will receive and this in turn influences the interest rate on the bonds. The City, when issuing bonds, c011111its to maintain a level of coverage and when revenues become insufficient to maintain this adequate level. The bonding company may lower the City's bond rating and/or require the City to increase revenues to adequate levels. Operating costs at the plant have increased significantly above projections which were made several years ago when bonds were iss ued . Coverage on existing bonds is therefore deemed to be marginal at best. Since the City will be seeking large addit i onal issues to finance future construction on the sewage treatment plant, significant increases in cost would result if the bond rating is lowered. It is prudent and advantageous for the City to establish its revenues at a level that will insure the present bond rating is maintained . A cash flow analysis showing income and expenditures for each year, for a period five years into the future, would be useful to the Council. This analysis would show the revenues required to maintain Englewood's existing bond rating and the increase in existing revenues which would be r quired to produce this income. • I • • - • • • • • INTRODUCTION CONT. In completing a cash flow analysis, the engineer will develop much of the background infonnation necessary to form an initial opinion as to whether or not a rate base exists which would justify a differential in charges between inside and outside City customers. If it appears an appropriate rate base exists, further work could be authroized to determine the exact differential that should be used. The City of Englewood, in the past twenty years, has entered numerous contracts with connecting districts. Many of these contracts are about to expire. To provide a uniform method of contracting with each district, the City Attorney and the Director of Utilities have prepared a standardized contract agreement, It is their opinion this agreement should be reviewed by a firm that has demonstrated expertise in this field. FINANCIAL DETAILS For services outlined in paragraph A and paragraph B, Phase I (copy attached), it is estimated the engineer will require thrity-two man-days for a total of $13,500.00. To review the proposed new contracts for service to the districts, it is estimated the engineer will require one man-week of effort for a total of $2,000.00. The above figures reflect a top limit, with billings not to exceed this amount. This is Black and Veatch's proposal subject to some negotiations on the total contract amount. RECINENDATION -rp; f' That City Council direct the City Manager to contrac.t....w'ith Black and Veatch Engineers to complete the work described under(i>tiase I (copy attached) and to review the proposed new contract for sewer service to the districts recently completed by the City Attorney and Director of Utilities • • 0 I . • - BLACK & VEATCH CONSULTING ENGINEERS Hr . Stuart H. Fonda Director of Utilities City of Englewood 3400 S . Elati Street E11glewoo,1, Colorado 110110 Dear Hr . Fonda: • • • TEL 1 1113 1 967 -2000 TtLEX 4 2 -6263 1500 fr,it£AOOW LAKE P AR K WAY •••LI NO •oo .. caa r o noa H O ""'05 li(AH.A e CITY M ISSOURI 64114 May 17 , 191!2 In response to your request and based on our meeting of Hay 10, we are pleased to submit our propoaed scope of work which would initiate a con- tinuing service agreement with the City . In Lh i s document, we have also included a SANPLE CONTRACT for continuing work ; our EXPERIENCE in the areas of accounting and financial studies, bond work, plus rate studies and other wastewater utility engagements; and biographical data on KEY PERSONNEL who may be of serv ice Lo t he City. The purpose of a continuing service contract is to permit the Ci ty to employ a consulting engineer for financial, management , and eng ineering service!I on a r ela liv<'ly lihorl 110Licc. The nature of Litt• work would range from a few hours for research or advice to several man-months ef forL for detailed analyses . The degree ol e[forL would depend on lhe type and extent of services requested by the City . In continuing serv,ce reem nli,, lh onsultant is noL retained on a fixed fee bas is l.iul employed only al Lhe discrelion ol Lhe CiLy . For services rendered, the City would only be billed for payroll and expenses actually incurred during a specific assignaent. Upon request, an estimate of probable costs would be made before Lhe in1tiat1on of each as signment . The advantage of such agreements to the City would be the ability to start and atop work act1v1t es at I ts ducret1on . Oasc•d on our discus1,1on ', Lwo •1uc •sL1on11 appe .. r lo requ1re adtlr 1<11ing 111 Lhe uei.r luluce . firsl, what u, Lh feasibllity of issuing bonda. under the exiating schedule of rates and chargea? Second, wh at rate haae is available to support an inaide-outside City differential in rlln? To a<l,lrrHR lh<'Ht• •111<'1<lin111o, we prnpo,w lht• fol low,ug 1u·opr of H<•rv1«•H : • I • • • BLACK 8' VEATCH Hr . Stuart H. Fonda City of Englewood A . Uoucl h,suunn, Feasibility . • • • 2 Hay I 7, I 'l/1 2 1 . Review appropriate City ordinances, bond prospectuses, City charL,,r, a111I report s hy ollwrs Lo provicl<> l,;11 ·kgro11111I 011 ''l"'raL-.i.ng r.<!,111i.rcm<?nls . 2 . Analyze five years of cu1,toiners, volumes, strengths, ,111,1 rPve- 1u1cs frou1 ;afl sour,:c.'s lu provicl<' a h :1si:,; for pro .Jt 'l"l 1uu s of revcnucH for a five Lo Leu year period. 3. Analyze five years of available network ancl treaLmPnl p1.in t operatiug c o sls to pro vi ,h• a haNis for proj el'Liu,: f11l111 ·,· l'(•- <jt1irc111c11Ls . l'rojecL1011s will recognize known chauges ;is cu-visioned by o t hers . 4 . A11 necessary , su.narizc existing schedules of uL ili ly tlcul service for Lhc sLudy pcr1od . 5 . Ana l yz e hisloriclll c,1 pil ;,I expcncliLurcs Lo provid,• a 1,,,::is for proj,,cL1:cl capiL.il cx111 •111liL11res . l'rojccLi1111 s wi ll r,·,·oi:111:,,:c any know requi re•enL s tor the treaLment planL and c ol lccLiou system . 6 . l'n:pan: ,, I low of l1111d s .111aly1,1s N1alch111g revc1111cs w1L11 n•vt•1111c requirements a nd recogu 1zi ng bond c ovenant requiremen ts through the st udy period . 7 . Meet wiLh L111 , Ulilil1<•s :,l,1ff lo r<>vic •w pn•lim11i.1ry l1111l111gs u ncl nJL.,rnalivc fin,1111 ·1111; pl.,11s. Ii. l're p ;iri, ;, l1·ll1•r rc •p111 t .,,,,1 I 11, . .,,. 111g pl.111 fur ,l,•l 1v1 •1y l11 llH · Ci Ly . 9 . As nccc:uary, attcncl on<' meeling w1th C1Ly rcpresenL nL,vcs to discuss Lhe sLudy fiud i ng s . Ph11Ne r: I . Hev1ew f1x,•,1 a1u1cL <l<'L ,111 . An11 lyz 11ource1 of prcv1ou1 capi Lal Cuudina lo de Le nune Lhe City's effort in prov1din1 wastewater facilities serving outside-City service ~i1tricL1 . I • BLACK & VEATCH Mr . Stuart H. Fonda City of Englewood • • • 3 Nay 17, 1982 3. Advise the Utilitie s s taff of preliminary indications and whether further study appears warranted. Prepare a letter report, if necessary, to explain findings. Phase II : Upon notice to proceed . 4 . Estimate customer units of service. 5 . Allocate utility plant between the City and districts . 6 . All ocate operation and maintenance expenses, depreciat ion and return Lo Lhe Ci ty and distric t s. 7 . Determine available suppor t for rate differential between inside-o uts ide serv ice and prepare a letter report with tables s uaaar izing the finding s. For the scope of services o utlined in paragraph A and paragraph 8 Phasl" I, w esLueaLe our level of effo rt al 32 man-da ys for a Lul al of $13,500 Th e l1maLe includes $1,300 for out of pocket expenses related lo Lwo one-day Lr1p~ for two people plus m1s ce llaneous c harges for tele- phone, r production, and mailing. Host of t he work wil l be performed by our aor exp rtl"nl d pC"rsonn I w1L11 Jn average bdling rangu,g from $35 0 lo$ 0 pr .. n-day . Should notice be g i ven to co nt i nu e with paragraph 8 Phas 11, WI" estimate LhaL about Lwo man -week s wi ll be requi r ed for ap- proximately $4,000 tn blllin,t1, For any assignment, th<' City wo11l,1 only b bdlcd for lh a Lua! effort 111volved and Lhe out-of-pocket e xp enses incurred . Other areas whi ch th City may~ sire to be addressed could 1n lude re- vi of the proposed new conlr ct for servi ce to districts and a rev1ew of Lhe II thodology ui.cd by th<' 01-C1Ly treatment plant for ass1gn1ng costs to Englewood and Lhe formula for reco vering such cos ts . We esti- 11ate that each study will require approximately o ne man-week of effort and about $2,000 1n billings. Such studies would only be conducted upon notice lo proceed . In reviewing the provisions of th proposed new contract, we propose to look al future I rv1ce requ1rem nL , imp cts on rates nd c hargl"s, and potenLuJ pitfall s W<' lll"e b s d 011 our experience with other uLll1L1t•s. Our observations will be delivered 1n a letter report to the City . In r viewing them Lhodology USl"<I for SR1 gn1ng Lr. l11 nt plant costs to lloc C1Ly, w wilt r v1 •w lhe concepts and phlio1ophy used; Lhe n lure o f costs included in th allocat1on, and potential imp a cts, iC any, on the City's utility (inane ng plan. W would prepare a letter report address- i n our C1ndin • and proposing poli cy matters !or consideratiofi to th C1ty . • I • • - • BLACK 6 VEATCH Mr . Stuart H. Fonda City of Englewood 4 • • • May 17, 1982 We have prepared a sample contract incorporating the above feature£ for your consideration. lf you have co,mnents or questions after review of the enclosed material, please contact us. We welcoae the prospect of serving you either directly or through our Denver office . We w i 11 be pleased to further discuss this matter with you . 1km Enclosure cc : Mr . William R . Jones Very truly yours, J . R . Brown • 0 0 I . • ORDINANCE NO. SERIES OF 198~2~~- • - BY AUTHORITY COUNCIL BILL NO. 22.l INTRODUCED BY COUNCIL MEMBER NEAL/BRADSHAW AN ORDINANCE AMENDI1'Ki 'lliE ccv-tPREHENSIVE ZONING ORDINANCE OF THE CITY OF ENGLEWOOD BY REPEALING AND RE-ENACTI1'Ki SECTION 22 .7 THEREOF TO REVISE THE SIGN CODE CONTAINED THEREIN . WHEREAS, the City of Englewood adopted its first Comprehensive Sign Code in 1974 , regulating the signage of the City; and the conditions within the City of Englewood relevant to signage have changed substantially since that time; and WHEREAS, the Sign Code of 1974 had no provisions for bringing into compliance with the Code those signs which did not meet that Code's requirements and that has resulted in unsightly and inappropriate signage remaining in existence; and WHEREAS, the character of the City of Engle.iood is as a regional retai l shopping center to people in the metropolitan area , which activity serves to generate significant revenues for necessary City services; the City of Englewood has made a C011'111itment to revitalize and maintain Englewood as a vital retail center for the area by approving a Comprehensive Plan, approving a Downtown Developnent Plan, activating the Urban Renewal Authority and has taken steps to implement and complete these City goals, and Sign Cod revision is a necessary adjunct to these goals; and WHEREAS, the correlative character of the City of Englewood is as a family residential area, and it is important to control signag to be consistent with the values and goals of the important family residential character of the City of Engle.iood; and WHEREAS, business leaders in the City of Englewood have expr sscd support for a Sign Code revision!> to complement updating and moo?rnization of the City 's comnercial activities; and citizens of Englewood have expressed desires to promote, through zoning and signage control , a co.'?YIV..lnity which is beautiful , healthy, clean, well-balanced and safe; and WHEREAS, the City Planning and zoning C0111Ttission has well performed its Charter function by proposing a revised Sign Code to City Council aft r numerous public hearings and meetings with such Cocl'rnission, citizens, nd interested party participation and has submitted to the City Council proposed legislative findings of fact which support the enactment of th proposed Sign Code; and City Council adopts those proposed findings of f ct nd makes additional findings of fact; and has considered testimony pr sentcd in public hearings fore th Council. • I • • - • • • • N™, 'mEREFORE, BE IT ORD.\IN~ BY THE CITY CXXJNCIL OF 'lllE CITY OF Fl«;Lflr«lOO, COLORADO: Section 1. 'nlat Section 22.7 of the Comprehensive Zoning Ordinance of the City of Englewood be and hereby is amended to read: • I • • n • - • • TABLE OF CONTENTS §22.7 SIGN CODE •.••.••.•••.•..••.•••..•..•••••••••••....••.••..••• l §22. 7-1 General Statement •.••••••.•.•..••••...•.••••••...•..•.• 1 §22.7-2 Scope and Application of this Section ••••.•••••••..•..• l §22. 7-3 Permits.. • • • • • • • . . • . • . . • • • • • • • • . • • • . • . • • • • • . • . • • • • • • • • • 2 §22. 7-4 Permit for Group Signs .•.•..••.•••••••.•••••••••••••... 4 §22. 7-5 Signs Not Subject to Permit. • • • • • • • . . . • • • • • • • • • • . • • . • . • 4 §22.7-6 Signs Subject to Temporary Permit .••••••.•••.•••••••.•• 5 §22. 7-7 Signs Subject to Yearly Registration .••••••.••••.•..••• 6 §22.7-8 Signs Prohibited in All Zone Districts .•••.•••••••••••• 6 §22.7-9 Signs Permitted in Residential Zone Districts •••••••.•• 7 §22.7-10 Signs Permitted in Commercial and Industrial Zone Districts.. • . • • • . • . • • • . • . • • • . • . • . • • • • • . • . • • • • • . • • • 9 122. 7-11 Sign Area Measurem nt •.••.•.•••••••.•..••.•.•••.••.••.• 12 122. 7-12 Maintenance .••.••••••••••••••.•••••••.•••••••.••••••.•• 13 122. 7-13 Nonconforming Signs ••.•••.•.••••••••••.••.•..••••••••.• 13 §22.7-14 Prohibited, Hazardou and Abandon d Signs ••.•••.••••.•• 15 §22. 7-15 Severability .•••••••••••••••••••.•••.•••••••••••••••••• 16 122. 7-16 Definitions •••••••••••••••.•.•••••••••••••••••••••••••• 16 • I • • • • • • • • This Ordinance shall be known and cited as the "City of Englewood Sign Code." §22.7 SIGN CODE §22.7-1 General Statement. The City Planning and Zoning Conunission and City Council recognize that signs are a necessary means of visual conununication for the convenience of the public and that it is the right of those concerned to identify their businesses, services or other activities by the use of signs. However, the Coumission and Council are also aware that citizens of Englewood are concerned about adopting and enforcing sound environmental practices, in- cluding the strict control of signs, and limiting signs to those which are accessory and incidental to the use on the premises where such signs are located. It is to this end that the following goals are set forth and the regulations in this section are deemed necessary: a. To protect the public from hazardous conditions that result from signs which are structurally unsafe, obscure the vision of motorists, and/or compe te or conflict with necessary traffic signals or other traffic regula- tory devices. b. To encourage signs which are well-designed, legible, and appropriate to the uses permitted as we ll as compatible with their surroundings and with the buildings to which they are appurtenant. c. To provid a reasonable balance between the right of an individual to identify his business and the right of the public to be protected against th visual discord r sulting from the unrestricted proliferation of signs and similar devices. d. To require that signs whi c h adv rtise or identify a use or a business no longer in operation be r moved within a reasonable time. e. Tor quire that signs which do not comply with the requirem nts of this Ordinance be terminat d within a reasonabl period of ti.me. f22.7-2 Scop and Application of this S ction. These r gulations hall gov rn and control th displ y, construction, rection, alt ration, remod lin , nl r in, moving or ma1nten nee of all igns permitt d within all zon district stablish d by this Zoning Ordinance and any am ndm nts th r to. Thia 81 nt of COIIIDUnity V nd those n ces arily 111&y isau appropri t Ot'IDS, Upon application o nd Jsau n fore, a sin may b t d, alt rd d by th Dir ctor of the D p rt- th p rs nd duti st forth nd nforc this code; th Dir ctor by th D partm nt of a p rmit there- intain d only for I Permitted Uaa • I • • • • • -2- in the District in which the signs are located; signs shall be l ocated on the same lot as the Permitted Use; provided, however, that no sign of any type shall be erected or maintained for or by a single-family, two-family or three-family residential use, except Home Occupation signs and c ertain signs for which no permit is required. Nothing herein contained shall be deemed a waiver of t h e provisions of any other ordinance or regulation applicable to signs. Signs l ocated in areas governed by several ordinances and/or applicable regulations shall comply with all such ordinances and regulations. If there is a conflict between the regula- tions in this Section and any other ordinance or regulations, the more stringent regulation shall apply. §22.7-3 Permits. a. Permit required. It shall be unlawful to display, erect, construct, relocate or alter (except for copy changes), any sign without first filing with the Department an application in writing, paying applicable fees, and obtaining a sign permit, except as provided in §22.7-S and §22.7-7 of this ordinance. When a sign permit has been issued by the Department, it shall be unlawful to change, modify, alter or otherwise deviate from the terms or conditions of said permit wi t h o ut prior approval of the Department. A written record of such approval s hall be entered upon the original permit applic ation and maintained in the fil es o f the Department. b . Applic ation for Pe rmit. Applic ation for sign permit shall be made by the owner or tenants o f th e pr operty on wh i c h the s ign i s t o be l ocated, his authorized agent, or a sign cont ractor licensed by the City of En glew ood. Suc h applications shall b ma d e in wr i ting on forms f urnis he d by the Plan - ning Division, and s hall b e s i gned by t he ap p l icant . Th e Department shall , within five (5) working days of t he date of t he application, e ither approv e or deny the app l i cat i on or ref r the pplica t ion back t o the app l i c ant i n an y instanc e wh e r e insufficien t informa tion has been f urnis hed. If t h D p r t ment finds tha t wor k un de r any permi t issued i s n o t in accord ance with th information supplied in the permi t appl i cat i on and /o r is in violation of this or any other pertinent ord i nance , or s hou ld it be fo un d that t here h s b n any misrepresentation in connection with t he applic tion for the p rmit, (inc ludin non-sufficient fund ch cks), t h e sign own er or lessee or erector shall be notified of uch findings and that the violation mu st be correct d within fiv (5) working days of notice. If such correction is not m de, th permit shall b r vok d and written notic th reof shall be serve d upon the aign own r o r r ctor. No person shall proceed with any par t of s uch wor k tr such notic is r ceived. Th own r or lease of the sign or t he own er of th prop rty on which th sign is located s hall h a ve th r ight to a pp 1 t h e d c iaion of th D p rtm nt in th manner provid ed fo r i n f 22.2-6b of t h is Ordinanc e . If a c tual work ith r on o r off -s ite i s not c o11111 nc d und r any sign p rmit iaau d within aixty (60) day from th date of auch p rm it , th p rmit ahall automatic ally becom null and void. D l y which ar not a r ault of willful acta or n 1 ct o th c ontr c t o r, own r or p rson obtainin th • I • • • • • • -3- pe rmit ma y be exc used and the Direc t or ma y gr a n t an exten sion of t i me i n which t o start o r resume operations . All r e qu e s t s fo r e x tens ions and approval t h ereof s hall be in writing. When any permit has been revoke d under the terms of t h is sect i on, permit f ees shall not be r efunded. c. Plans, Specific ations and Other Data Requested. The applic ation for a sign permit shall be accompanied by the following plans and other informa tion . The name, address and telephone number o f the owner o r persons e nt i tlt,d to possession of the sign and of the sign contractor or erector; the location by street address of the proposed sign structure; complete information as required on application forms provided by the Department, including a site plan and elevation drawings of the proposed sign drawn to scale, caption of the proposed sign and such other dsta as is pertinent to the application; plans indicating the scope and structural detail of the work to be done, including details of all connections, guy lines, supports and footings, and materials to be used; application for an electrical permit for all electrical signs, and the required information for such application; and a statement of value or cost of the sign. d. Permit Fees . A permit fee shall be paid to the City for each sign permit issued under this section. The permit fee shall be in accordance with the fee schedule established by the City Council. e . Identific ation and Marking of Elec tr ical Signs. Each electrical sign here after erected or remodeled shall bear thereon a c learl y legible identifica- tion plate not exceeding fifteen (15) square inc hes in area, stating the name of the person, firm or corporation responsible for its c onstruction and erection, with i nstallation date a n d permi t num ber a nd shal l be marked with input amperes st f u ll l oad inpu t . f . Licens ing a nd I n sur a nce Re quirements. Any person , firm or corpora tion engaged in th bu siness of i n s tall ing , erect ing , mo v i ng o r maintaining signs in th City of Englewood shall b duly licensed by th City. A person who has ppli d for a sign permit a nd is not e n gaged in th ign erecting business may be allow d to install, ere ct, move, or maintain his own sign upon demon tration to the Department that h possesses sufficient knowledge and skill and is s~propriately insured for public pro- tection. Upon such d monstration, th Dir ctor o d si gn e may issu a non- renewable sign contractors lie nae. Such lien will be valid only for the installation, r ction or moving of i na as apecifi don th permit. B for ny p rmit i for aJ n which ia locat dover public prop rty or which may r quire any wor over public prop rty, the erector shall furnish to the City a c rtifi ate o in uranc from a firm with corporate surety, nd authorized to do busines in th St te of Colorado , for p ublic liability and proparty damag in amounts stablish d by t h e Oepart .. n t of not less th n the following and cov ring the liability of the sign erector with r spect to all work p rformed by him or his ag ntl or employ ea: Ford ath or injury to any n p r,on ••....••••••• $100,000 Total liability in any one cid nt •.•.•••.••••••• 300,000 Prop rty d mag • • . • • • .. • • • • • • . •• • • • • • • • • .. • • • • • • .. 50,000 • I • • • • - -4- §22.7-4 Permit for Group Signs. Persons submitting a plan for a group of signs which are designed as an integral part of a new Planned Development or a new single development occupying no less than 24,000 square feet of lot area, may be granted a 25% increase in number of signs or maximum square foot area subject to the approval of the Director of the Department. 122.7-5 Signs Not Subject to Permits. The following signs displayed for non-commercial purposes, may be erected and maintained in all Zone Districts without a permit. Such signs shall be in addition to all other signs per- mitted in any Zone District providing such signs do not require direct electri- cal wiring, and conform to setbacks and other physical characteristic require- ments of the designated zone districts. Even though permits are not required for the following signs, wall signs shall be located only in the signable area, and window signs shall be counted toward the 25% maximum coverage. This restric- tion shall not apply to holiday decorations, or to short term advertising as provided in §22.7-10 e 6. No permit shall be required for copy changes or maintenance to a conforming sign if no structural changes are made. a. Bulletin Boards. Bulletin boards for public, charitable or religious institutions, which are not over twelve (12) square feet in area, and which are located on the premises of said institutions. b. Election Signs. Election signs shall not be posted more than forty-five (45) calendar days prior to the election to which the sign relates, and shall be removed within fifteen (15) calendar days following the election to which the sign relates. Such signs are limited to wall, window and ground signs, and shall not be a banner of paper or cloth. In residential zone districts , there shall be no more than two (2) election signs per each lot; they shall not exceed twelve (12) square feet of t otal sign area, and shall be no more than six (6) feet in height above grade. In Commer- cial and Industrial Zone Districts, there shall be no more than two (2) per each street frontage; they shall not exceed t wenty-four (24) square fe t of total sign area. c. Flags. Flags of nations or an organization of nations, states and cities. d. Holiday D corations. Sign in then tur of d corations, clearly incid ntal and commonly aasociat d with any national, local or religious holiday; provided that suc h signs ah 11 b displayed for a period of not mor than sixty (60) cons c utiv calend r days. Such signs may be of any type, number, area, height, location, illumination, or animation, and shall b locat d so aa not to conflic t with traffic r gulatory devices. a. Ideologic 1 Sign a . Id olo i c al algna not more than twelve (12) aquare feet in total sign rea. Such al na ar limited to not mor than two (2) pr lot. f. llluainat d Buildings. Providin no aigna , aymbola, 1 ttera, fi urea, etc., identifying a nam, service, or product, occur on th buildin or th part of th building whic h ia ill lnat d . • I • • • - -5- g. Memorial Signs. Memorial signs or 'tablets, giving the name of building and date of erection, when cut into any masonry surface or inlaid so as to be part of the building. h. Private Parking or Traffic Direction Signs. Signs giving parking or traffic directions or restrictions which do not require direct electrical wiring, provided that such signs are limited to: wall and ground signs, not more than two (2) signs per curb cut on the lot and not more than six (6) square feet per face in area, and not more than six (6) feet in height above grade. Not more than one (1) directional sign may be displayed at each curb cut. Such signs may be illuminated from a concealed light source which does not flash, blink, or fluctuate, and shall not be animated. i, Public Signs. Signs required or specifically authorized for a public purpose by any law, statute or ordinance. j, Signs Within Buildings. Signs within buildings that are not visible from the public right-of-way or are more than twelve (12) inches from the interior side of a window. k. Scoreboards. Scoreboards located on athletic fields. 1. Symbols. Symbols or crests of national, state, religious, fraternal, professional and civic organizations. m. Vehicle ConaU111er Information Signs. Signs on cars, trucka, or other vehicles displayed in coaaercial lots which give inforaation as to price, emissions or mileage as required by state or federal law of such vehicles. These signs are limited to 25% coverage of window area. n. Works of Art. Works of art which in no way identify a product. 122,7-6 Si&ns Subject to Teaporsry P rm.it. The following signs may b displayed in th desi nated zon districts und r th conditions deacrib d, upon granting a temporary permit. a. Sp cial Ev nt Sign s. In r sidential zone districts, special event signs are permitted in addition to all other aigna allow d for a Permitted Use. Such signa shall be limit d to one (1) wall or on (1) ground sign, subject to limitations described in this section and in f22.7-8a; no aore than tw lve (12) feet in height, and ahall not exce d t:v lve (12) square fe t in ar a, and ahall not b displayed for iaore than thirty (30) calendar daya. In C0111Mrcial nd industrial zon «iatricta, on ap cial event aign may be peraitt din ddition to all other aigna. Such aian ahall b liaited to wall, vindov or around ai na, aubj ct to liaitationa deacrib din 122 .7-lOc 1, S, and 6. Such aian ahall not b aore than twenty-four (24) square feet in area and ahall not b display d for aor than thirty (30) calendar daya. b. Str t ev nta aponaor d or charitable or Director. Suh th aponaor. roaa public thorou hf r announcin ood School District, Arapahoe County, anizationa may b euthoriz d by t porary perait by the tr et &ann ra ah 11 be install v d and maintain d by • I • • - • • • • -6- §22.7-7 Signs Subject to Yearly Registration. The following signs are additionally permitted in all zone dis- tricts and shall be registered by the owner or lessor, with the Department sixty (60) calendar days after the effective date of this ordinance. This registration must be renewed on an annual basis thereafter and subject to the following conditions: a. Contractor Signs. A sign not more than twelve (12) square feet per face in area and not more than twenty-four (24) square feet in total sign area, which names the contractors or sponsors engaged in construction on the property where the sign is located. b. Real Estate Signs. Signs which advertise the sale, rental or lease of the premises upon which said signs are located. Such signs shall not ex- tend outside the property line and shall not be more than six (6) square feet per face in area. Signs which advertise the pre-leasing of a proposed develop- ment or redevelopment may be permitted no more than two (2) signs and shall not be more than twenty-four (24) square feet per face in area. 122.7-8 Signs Prohibited in All Zone Districts. The following signs are prohibited in all zone districts and are declared a nuisance by the Department. a. Any ground sign within a triangular area of thirty (30) feet along two (2) aides of an intersection of curbs of two (2) streets. a railroad right-of-way and a street, a driveway and a street, or an alley and a street, which does not have a clear area of seven (7) feet between the grade level and the bottom of the sign unless approved by the City Traffic Engineer. b. Animated signs. c. Banners. pennants, valances, and wind-powered devices. d. Billboards. e. Flashing or blinking signs, except for scoreboards and time and temperature devices. f. Portable signs. g. Outdoor display of merchandia on public right-of-way. h. Roof signs. 1. Search lights. j. Signs painted on fences. k. Strings of light bulbs used 1n connection with co ... rcial preaiaes for colmlercial purposes, other than traditional holiday d corations. 1. •• licenaed Third-party signs. Wheeled advertising devices. except for permanent aipia on vehiclea. • I • • • • - -7- §22.7-9 Signs Permitted in Residential Zoning Districts: R 1 A, R-1-B, R-1-C, R 2, R-2 C, R-3 and R-4. . Sig~s w~ich ~eet the following criteria may be constructed, di splayed and maintained in the residential zone districts R-1-A, R-1-B, R-1 -C, R-2, R-2-C , R-3 and R-4. a. Permitted Maximum Number. 1. Residential uses shall be permitted one (1) sign in addition to those permitted in §22. 7-5 b, c, d, and e . 2. Nonresidential uses shall be permitted two (2) signs in addition to those permitted in §22.7-5. b. Permitted Maximum Sign Area. 1. Single-family, Two-Family and Three-Family Residences. One (1) square foot in addition to the area of those permitted in §22. 7-5b, c, d, and e. 2. Religious and Educational Institutions, Public Buildings and Residential Uses with Between Four (4) and Thirty-Nine (39) Dwelling Units. Twetty (20) square feet or two (2) square feet of sign area for each one-thous~nd (1,000) square feet of lot area; not, however, to exceed sixty (60) square feet of total sign area and provided that no one sign face shall exceed twenty (20) square feet in area . 3. Hos ital Clinics, Professional Offices or Residential Uses Havin Fort 40 or Hore Dwellin Units. Twenty (20) square feet or two (2) square feet of sign area for each thousand (1,000) square feet of lot area; not, however, to exceed ninety-six (96) square feet of total sign area for each lot provided that no one sign face shall exceed thirty-two (32) square feet. 4. Other Lawful Non-Residential Uaea. Twenty (20) square feet of sign area for each use, provided that no one sign face shall exceed ten (10) square feet. c. Permitted Sign Types. 1. Ground Signs. Ground signs are peraitted only for religious and educational institutions, public buildings, hospitals, clinics, pro- fessi onal offices, or forty (40) or more residential units. Such signs shall be no more than fifteen (1~) feet in height and shall be set back ten (10) feet from the property line i.nd are subject to the liaitationa des- cribed in §22.7-8a. 2. Harquees 1 Canopy or Awnin& Signs. All signa shall be parallel to the face of the aarquee, canopy or avnina upon which such aigna are dis- played and shall not project abova or balow tha faca of the .. rquae, canopy or awning, and shall only identify th buainaaa by naae a04/or eddreaa. 3. Projecting Signs. H&xillua area of the aian shall be twenty- five (25) square feet per face and the aaxiaua heiaht shall be twenty (20) feet . Such aiana ahall be located in the "aiauble area" of the facede of the building, and must not obscure aajor architectural details or extend • I • - • • • • -8- above the roof line. Such signs shall have a clearance of ten (10) feet from grade level to the bottom of the sign. Maximum projection shall be thirty (30) inches from the building to which it is attached. If a sign projects more than thirty (30) inches over the public right-of-way, an encroachment agreement must be obtained from the City. Where a projecting sign has two (2) or more display faces, all faces shall be included in determining the area of the sign. 4. Suspended Signs. Suspended signs shall not exceed four (4) square feet per face in area; shall be separated by a distance of fifteen (15) feet and shall have a minimum clearance of seven (7) feet above grade level to the bottom of the sign. Such signs shall be limited in content to identification or address of the business. 5. Wall Signs. Wall signs shall be no greater than twenty (20) feet in height, shall not project more than twelve (12) inches from the face of the building to which it is attached and shall not extend above the roof line or the parapet wall. 6. Window Signs. Window signs shall not occupy more than 25% of the window in which they are displayed and shall not be displayed in win- dows above the first floor level. d. Permitted Illumination. All signs described above except home occu- pation signs may be illuminated, but only from a concealed light source. Signs shall not remain illuminated between the hours of 11:00 p.m. and 7:00 a.m., except signs permitted for medical services and public services such as police and fire, which are provided on a twenty-four hour basis. e. Signs Additionally Allowed 1. Home Occupation Sign. Home occupation sign not aore than one (1) square foot in area, which is affixed to the building, and which is unlighted and unanimated. 2. High-Rise Building Identification Wall Signs. For multi- storied buildings in excess of the maxiaua height permitted in the R-3 Zone District, additional wall sign area shall ba permitted for building identification purposes in c onformance with the schedule sat forth below. Sign area shall be based upon a square footage factor multiplied by hori- zontal linear footage of the building iacada at the lavation of the facade wh re th sign is placed. a) For signs located from sixty (60) feat to one hundred (100) feet in height, th fact~r shall be five (5) square feat. b) or signs locat d froa one hundr don (101) to one hundred fifty (150) feet in height, the factor shall be six (6) square feet . c) For signs locat done hundr d fifty-on (151) feat to two hundred (200) fat in height, the factor shall be aavan (7) square feet. Multi-storied buildings may b paniitted identification wall signs of th eia provided by aubparaarap"-1 throuah 3 for each building • I • • • • • • -9- fac ade visible from a public right -of-way. Wall sign areas permitted by this subsection for one facade may uot be used for any facade other than the facade for which such allowance is g .~anted and shall be exempt from §22. 7-11 a 3. Such signs shall not count against maximum sign area, or maximum number of signs. 3. Identifications~. Signs limited co name of occupant, address of premises, and no more than four (4) square feet per sign in area . Such . sign s are limited to no more than one (1) per street front, and may be illuminated only from a concealed light source. Such signs do not count against maximum sign area or number . §22.7-10 Signs Permitted in Commercial and Industrial Zone Districts: B-1 and B-2, I-1 and I-2. Si gns which me et the following cri 1.eria may be c onstructed, displayed, and maintained in commerci al and i ndu ~tria l zones B-1, B-2, I-1 and I-2. a. signs if signs if five (5) grll'ater. Permitted Maximum Number. Each permitted use may have three (3) the linear foot of the street frontage is 150 feet or less; four (4) the linear foot of the street frontage is 151 feet to 300 feet; signs if the linear foot of the street frontage is 301 feet or b. Permitted Maximum Sign Area. 1. For All Permitted Uses: a) For a Lot Having One Permitted Use. For the Permitted Use, the maximum aign area shall be eighty (80) square feet or aa calculated froa the table herein: Street Frontage l foot to 100 feet 101 feet to 250 feet 251 feet+ Sign Area/Foot of Street Frontage 1.5 aq. ft./1 foot 1.0 111q. ft./1 foot 0.4 sq. ft./1 foot No single sign face shall exceed one hundred (100) square f tin area, except aa provided in Section e 2 nd 7 hereof, nor ahall th total aign area of any use exceed six hundred (600) square feet. b) For a Lot Having P rmitt d Uae the maxiaua aian area 1hall calculated from th table herein: Building Prone 1 foot to 100 feet 101 feet+ Sign Area/Foot For each feet or a1 of Building Front 1.5 1q. ft./1 foot 1.0 IQ, ft,/1 foot No 1ingle 1i n fac ahall exce don hundred (100) 1quare f et in area except aa provided in 12 2.7-10 2 ~nd 7 n r h 11 he o 1 •1An rea of any uae exce d aix hundred (600) 1quar f • I • • • • • -10- c. Permitted Sign Types. 1. Ground Signs. The maximum height of a ground sign shall be twenty (20) feet. The distanc e between signs on adjacent lots shall be not less than the height of the taller sign. If there is more than one business in a building or if a group of buildings are associated by ownership, no gro und signs are permitted except Joint Identification Signs. Where a ground sign has two (2) or more display faces , all faces shall be include~ in deter- mining the area of the sign. 2. Marquees, Canopy or Awning Signs. All signs shall be parallel to the face of the marquee, canopy or awning upon which such signs are dis- played and shall not project above or below the face of the marquee, canopy or awning, and shall only identi fy the business by name and/or address. 3. Projecting Signs. Maximum area of the sign shall be twenty-five (25) square feet per face and the maximum height shall be twenty (20) feet. Such signs shall be located in the "signable area" of the facade of the buildir.g, as described in §22 .7 -ll a 3, and must not obscure major architectur- al details or extend above the roof line . Such signs shall have a clearance of ten (10) feet from grade level to the bottom of the sign. Maximum projec- tion shall be thirty (30) inches from the building to which it is attached. If a sign projects more than thirty (30) inches over the public right-of-way, an encroachment agreement must be obtained from the City. Where a projecting sign has two (2) or more display faces , all faces shall be included in deter- mining the area of the sign. 4. Suspended Signs. Shall not exceed four (4) square feet per face in area; shall be separated by a distance of fifteen (15) feet and shall have a minimum clearance of seven (7) feet above grade level to the bottom of the sign. Such s i gns shall be limi ted in c ontent to identifica- tion or address of the business. 5. Wall Signs. Wall signs shall be placed only in "signable areas" of a building facad e except as specified in §22. 7-10 e 7. "Signable Area" of the building me ans any area of the facade of the building up to the roof line wh ich is free of windows and doors or major architectural detail. The area of the wall sign must not exceed 40% of the identified "signable area". Wall signs may not project more than eighteen (18) inch s from th supporting wall . Wall signs may not xtend above the roof line or parap t wall. 6. Window Signs. Window signs shall not occupy more than 25% of the total area of the window in which they are displayed. This 25% maxi.mum coverage shall include 11 signs except short term advertising signs regardless of wh ether it i coun t d for s ign ares llowed or not. Signs dis- played t w lve (12) inches or leas from the interior of windows shall be debited against th squar foot ar nd numb r of signs allowed a permitted us • Window aigns are not p rmitted in windows above th first floor. d. P rmitt d Illumin tion. Signs in Comm rcial nd Induatrial Zones may b illuminated, but all dir ct illumin tion shall not exc d t wenty- five (25) watt • per bulb. in co Sign• Additionally Allow d. Th foll ing aigna are also allow d rcial and induatrial zon • aubj ct to the condition• stat d, • I • • • • - -10- c. Permitted Sign Typ e s . 1. Ground Signs. The maximum height of a ground s i gn shall be twenty (20) feet. The distance be tween signs on adjacent l ots s ha l l be no t less than the height of the taller s ign . I f there is more tha n on e bus ines s in a building or if a group of bui l dings a re a ssoc iated by own e r s hip, no ground signs are permitted except Joint Identification Signs. Where a gr oun d sign has t wo (2) or more display fa c es, all fa c es shall be included in deter- mining the area of the sign. 2. Mar quees, Canopy or Awning Signs . All signs shall be parallel to t he face of the marquee, c anopy o r awning upon which such signs are dis- played and shall not project above o r below the face of the marquee, c anopy or awning, and shall only identify the business by name and /or address. 3 . Projecting Signs . Ma x imum area o f the sign sha l l be twenty -five (25) square feet per fa ce a nd t he max i mum he ight shall be twenty (20) feet . Such signs shall be located i n t he "s i gnab le area" o f the f acade o f the building, as described in §22 .7-lla 3 , an d mus t not o bsc ure ma jor a r chitec tur- al details or extend above the r oof l i n e . Suc h s igns sha l l hav e a c lea rance of ten (10) feet from grade level to the bot t om of the sign. Maximum projec- tion shal l be thirty (30) i n ches from the bu i l ding to which i t is attached . I f a sign projects more than t h i rty (30 ) i nc hes ove r t he public right-of-way , an enc roachment agreement must be o bt ained f r om t he Cit y. Wher e a pro jec ting s ign has two (2 ) o r mo re display f a ces, all faces s hall be inc luded in deter- mining the area of the s i gn. 4. Suspended Signs. Shall no t exceed fo ur (4 ) squa re f eet per f a c e in a r ea; s hall be s e para t ed by a dis t ance of fif teen (15) feet and s ha ll have a min imum clearance of sev en (7) f e et a bov e grad e l evel to th e bo ttom of the s i gn . Such signs shall be limit ed i n conte nt to identi fica- tion or a ddress of t h e business. 5. Wall Signs. Wall signs shall be placed on ly in "signa ble areas" of a building facad except as specified in §22 . 7-10 e 7. "Signable Ar a" of the building means ny area of the facade of the building up to the roof line which is free of windows and doors or major architectural detail. The area of the wall sign must not exceed 40% of the identified "signable area". Wall signs may not project more than ighteen (18) inches from th supporting wall. Wall sign may not xt nd above the roof lin or parapet wall. 6. Window Signs. Windo~ signs shall not occupy more than 25% of the total area of the wind in which thy ar displayed. This 25% maximum coverage shall includ 11 signs xc pt short term advertiain signs regardless of wh ther it is count d for sign ar llow d or not. Signs dis- played twelve (12) inch a or 1 as from th in rior of windows shall be debited against th qu r foot r a and number of signs allow d a permitt d use. Window signa re not p rmitted in wind a above th first floor. d. Permitted Illumination. Sins in Co rial nd Industrial Zona may b illuminated, but all dir ct illumin tion ahall not exc d tw nty- fiv (25) watta pr bulb. Signa Additionally Allow d. Th foll in ai na are alao all ed in co11111 rcial and induatrial zon a aubj ct to the condition, atat d. I • • n -• • • -11- 1. Drive Thru Ident ification Signs. Ea c h Perm itt ed Use wi th a sheltered drive thru facility may have one (1 ) i dent i fica tion sign a ttached to the shelter structure subject t o the limitations of §22 .7 -lla 3. Maximum sign area shall be ten (10 ) square feet fo r each lane of the d rive thru facility. Such signs shall no t coun t aga ins t maximum sign are a or number. 2. High Rise Building I dentification Wall Signs. For multi- storied buildings in excess of the maximum height permitted in the B-1 , B-2, I-1 or I-2 Zone Districts, additional wall sign area shall be permitted for building identification purposes in conformance with the schedule set forth below. Sign area shall be based upon a square footage factor multi- plied by horizontal linear footage of the building facade at the elevation of the facade where the sign is pl a c ed: (a) For signs located from sixty (60) feet to one hundred (100) feet in height, the factor shall be five (5) square feet; (b) For signs located f rom one hundred one (101) feet to one hundred fifty (150) feet in height, the fa c tor shall be six (6) square feet; (c ) For signs located one hundred fifty-one (151) feet to two hundred (200) feet in height, the factor shall be seven (7) square f eet. Multi-storied buil dings may be permit t ed identific ation wal l signs for each building f acade visible f rom a public right-of -wa y . Wa l l s ign areas permitted by this s ubsec tion fo r one fa c ade may not be used for any facade other than the facade fo r whic h s u c h a l lowanc e i s gran ted and shall be exempt from §22.7-ll a 3. Su ch sign s s h all no t count again st maximum sign area and number. 3. Identif icat i .on Si gn s. Sign s limi t ed t o nam e of occup a nt, a d- dre s s o f premises, and no more than fo u r (4) squar e fee t per sign i n area. Such signs are limi t e d t o no mor e than one (1) per street front, a nd may be i l lum i nated only f r om a concealed light source. Such signs do not count aga i nst maximum si gn a r ea or number. 4. J oin t Iden tification Signs. Joint Iden t ification Signs are permitted f o r tw o or mo r e Permitted Uses on the sam lot as the sign. If two or more b usin esses occupy th same building , or a group of buildings are a s soc iated by own ership, no ground signs are permitted except Joint I d e nt ificat i on Signs. Each individual identification within the Joint Iden tification Sign shall b uniform in size , type and style except for the name of the development. Th following Joint Identification Sign are in addition to all other signs in terms of maximum sign area and numb r. a) Permitt d Ar a square foot of sign are~ for each provided, however, that no single feet per face , and that the total shall not exce d two hundr d (200) b) One (1) sign for of Joint Identification Signs. On (1) two (2) linear f et of str et front ge sign shall exce done hundred (100) square r a of the Joint Identification sign quar f et. Number of Joint Id ntification Signs. 5. S condary On th r ar of th building, ach business or us may have one (1) nti yin nam of th busin ss, th products sold, manufactur d ors rvices offer d, which shall not be count d toward th maximum sign area or numb r. Such secondary sin shall not exce d • I • • • • - -12- one-half (1/2) square foot of sign area for each linear foot of the front lot line, or one (1) square foot of sign area for each linear foot of build- ing front for a lot having two (2) or more Permitted Uses. 6. Short Term Advertising Signs. In addition to other signs allowed in a Permitted Use, each business or designated use may be permitted short term advertising signs, provided such signs are limited to window or wall signs. Window signs shall not cover more than 20% of the window area above that specified in 122.7-Dc 6. Wall signs shall not be greater than fifty (SO) square feet in area and subject to the limitations of §22.7-lOc S. All such signs shall be limited to a two (2) week period after which a permit will be required. Such signs shall show the date of installation or display. 7. Signs Set Back from Public Right-of-Way. For buildings with building frontage of fifty (SO) feet or less: The permitted area of only one sign face may be increased at the rate of one- third of one percent (.0033) for each additional foot of distance beyond the first one hundred (100) feet of building setback and based on the great- er of eighty (80) square feet or as calculated in §22.7-lOb 1 (b), but in no case greater than one hundred (100) square feet. In no case may the increase be more than one hundred (100) percent of the maximum permitted sign face area and the additional sign area calculated herein shall not count against the maximum sign area and may exceed forty (40) percent of the signable area. The increase in sign face area will be granted for a sign face which shall be placed at the setback distance as used in the calculation herein. For buildings with building frontage of fifty-one (51) feet or more: The permitted area of only one sign face may be increased at the rate of one-third of one percent (.0033) for each foot of distance beyond the first one hundred (100) feet of buildings tback and based on the greater of eighty (80) square feet or as calculated in §22.7-lOb 1 (b), but in no case greater than one hundred (100) square feet. In no one case may the increase b more than one hundred (100) p rcent of th maximum permitted sign face area and the additional sign area calculated herein shall not count aga inst the maximum sign area. This increase in sign face ar a shall b granted for a sign which shall be placed at the setback distance as used in the calculation herein. 122.7-11 Sign Area Measurem nt. a. Area to be M asured. Th ar a of a sign shall b m asured in conformanc with the regulations s herein set forth, provid d that th structur or bracing of a sign shall be omitted from measur m nt, unles such structure or bracing is mad part of the message or fac of th sign. Where a sign has two or more displ y f ces, the area of 11 faces ah 11 be included in determining the area of the sign. l, Sign wi th Backing. Th ar a of signs encloa d by a box or outlin shall be m asured by d t rmining the ar a of ch r ctan le which creates the small st sin le continuous prim ncloain th extr limits of th display surface or fac of th in ludin all backing, fac plates, non-atructur 1 trim or otherwise us d for support. • I • • • • • -13- 2. Signs Without Backing. The area of signs consisting of indi- vidual letters or symbols shall be measured by determining the sum of the area of the smallest single continuous rectangle enclosing the extreme limits of each message, including all frames, face plates, non-structural trim or other component parts not otherwise used for support. 3. "Signable Area". Signable wall area is a continuous portion of a building facade unbroken by doors or windows or major architectural features. It is calculated by selecting a continuous surface, then drawing an imaginary rectangle within specified height limitations and computing the square foot area of this rectangle. Persons displaying signs attached to a building may determine the "signable area" to be used by choosing any such area on the building facade for the display of signs. Signs may not cover more than 40% of this area. If, because of the design of the building, a signable area cannot be identified, the Department and the applicant will determine a suitable area for signage. 4. Irregular Outline. In the case of an irregularly shaped sign or a sign with letters and/or symbols directly affixed to or painted on the wall of a building, the area of the sign shall be the entire area within a single-continuous rectilinear perimeter of not more than eight (8) straight lines enclosing the extreme limits of writing, representation, emblem or any figure of similar character. b. Number of Signs. Each continuously enclosed area of a sign face, either by outline or by an imaginary line, shall be considered one sign. Signs which have more than one sign structure attached to a common support or wall may be counted as a single sign, or as several signs; however, if counted as one sign, the total surface area of such multiple unit signs shall include vertical and horizontal spacing between signs. 122.7-12 Maintenance. Every sign, including those specifically exempt from this section in respect to permits and permit fees, shall be maintained in good condition at all times. All signs shall be kept neatly painted, including all metal parts and supports thereof that are not galvanized or of rust-resistant metals. The Director or his or her designee, shall inspect and shall have the authority to order the painting, repair, alteration, or removal of a sign which is not in conformance with this ordinance by rea on of safe ty, health, or public w lf r , or by reason of inadequate mainten nee, dilapida- tion, or obsol 1cence. 122.7-13 Nonconforming Signs. Any sign which w a 1 wfully er cted nd maintain d prior to th ff ctive date of this Ordin nc , but which do a not conform to the limita- tions e1tsbli1hed by thi1 Ordinanc , xcept tho1e signs prohibit d, hazard- ous or abandon d, ah 11 b nonconforming si na and subj ct to th following conditions: a. .c.;.;;a;;;;;;..;;..;..;;..;..;;.;;.;.;....;..;;.,__.....;...;..;,...;...;..;;.;.;;.;J ...... ..=s-=1;.i;gi;;.;n=•. All n nconforming 11 DI 1h1ll b required th D partlll nt. If Iv lid perai exilta for th n D partment will c omplete th • I • • -• • • -14- registration and notify the owner or lessee of the sign or the owner of the property on which the sign is located requesting verification of the regis- tration information. If no valid permit exists for the nonconforming sign or if insufficient information in available, the owner or lessee of the sign or the owner of the property on which the sign is located will be notified and must register the nonconforming sign or provide the necessary informa- tion within thirty (30) calendar days of receipt of the notification. b. Termination of Nonconforming Signs. Any nonconforming sign shall be brought into conformance or shall terminate and cease to exist within ten (10) years from the date a permit was issued. If seven (7) years or more has passed from the date a permit was issued to the effective date of the Code, then the sign must be brought into conformance or terminate and cease to exist within three (3) years from the effective date of the Code. Any non- conforming sign without a valid permit must be brought into conformance or terminate and cease to exist within three (3) years from the effective date of the Code. In addition, a nonconforming sign must be brought into conform- ance or terminate and cease to exist if any one of the following conditions occur: 1. Whenever the sign is damaged more than 50% of its total replace- ment value, or destroyed from any cause whatsoever, or becomes obsolete or substandard under any applicable ordinance of the municipality, to the extent that the sign becomes a hazard or a danger. 2. Whenever the ownership of the property changes on whi~h the non- conforming sign is located. 3. Whenever there is a change in the lessee, ownership of the business or use to which the sign pertains. 4. Whenever there is a request made for a permit to change the sign. 5. Whenever there is a request for a permit to make improvements to the Eacade of the building on whi ch the non-conforming sign is located. c. Nonconforming Signs in Newly Annexed Areas . Any owner or operator of a non-conforming sign in a newly annexed area shall terminate such non- conforming sign in accordance with the requirements of this section, with the effective date of the annexation ordinance being the start of th tim limita- tion. d. App eals. The own r or lease of a sign, or the owner of th property on which a sign is located who has be n notifi d by the D partment that such sign is non-conforming may appeal that decision to the Director or designee, within twenty (20) days of the receipt of uch notice. The appeal shall contain the appellant's nam and address, the deci ion being app aled, and brief xplan tion why the ppellant should not be required to comply with the docum nt appealed. The director or deaignee may met informally wi th the appellant to exchange n cessary information nd shall issu a decision in writing to the appellant at his addr as tat din the appe 1. If the d ciaion of the Director ord sin ia not aatisfactory to said owner or 1 ase , within thirty ( 0) days of th Director'• d cision, he may apply for a varianc from the Board of Adjuatm nt nd App ala aa pro- • I • • • • - -15- vided for in §22.2-6 of the Comp r ehensive Zoning Or d i nance. §22 .7-14 Prohibited, Hazardous and Abandoned Signs -Enforcement Pro- cedures. It shall be unlawful to display, construct, erect, enlarge, move or maintain a prohibited sign within the City. more be unlawful to display, construct, erect, enlarge, move hazardous or abandoned sign within the City. alter, remodel, It shall further- or maintain a a. Notification of Unlawful Signs. Notice shall be given by Certified Mail or personal service to the owner or lessee of such unlawful signs and to the owner of the property on which such unlawful signs are located. Prohibited signs as described in Section 22.7-8 shall be declared a nuisance by the Department. The notice shall require that prohibited signs be brought into conformance with this Ordinance or be removed within one hundrecl eighty (180) days after the notice haa been received. Signs prohibited in §22. 7-8 d. j a nd 1 shall be removed within three (3) years from the date the notice is received. This section shall not be applied to require the removal of any. sign for which it is lawfully required, by Federal oc State Constitution or statute, that compensation be paid by the City for sign removal, unless the City elects to pay any compensation lawfully required. HA&ardous signs are those which by r ... on of inadequate aainten&nce, dilapidation, or obsolescence, create an iaainent hazard to public health, safety, or welfare, as declared by the Departaeot; thoae signs are further declared s nuisance and shall not be displayed or erected within the City. The no t.ice shall require hazardous sign raaoval within tan (10) days. Signs abandoned for a period of thirty (30) days shall be declared abandoned sians and a nuisance by the Department; abandoned sign& shall not be displayed or aaintained within the City. The notice sbAll require abandoned sign removal within thirty (30) days . b, Appeals, The owner or lessee of a sign or the owner of the property on which a sign is located who baa bean notified by the Department that such sign ia prohibited, abandoned or hazardoua aay appeal that decision to the Director or designee within twenty (20) days of the receipt of such notic e, excep t for hazardous aigna appeal awat be within five (5) days. The appeal shall c ontain the appeal lant'a naae and address. the decision being appealed, and a brief explanation why the appeallant should not be r equired to c omply with the docuaent appealed. The director or design•• may meet informally with the appeallant to exchange neceasary inforaation and s hall iss ue a decision in writing to the appellant at his address stated in the appeal . If the decision of the Director or deaignee ia not satisfactory to s aid owner or lessee, within fifteen (15) days aay apply for a variance from the Board of Adjustment and Appeals aa provided in 122.2-6 of the Comprehensive Zoning Ordinance. except for heaardoua siana in which caae t he Di rec tor's decision is final . • I • • • • - -1 6- c. Failure to Comply with Notices. If the owner or lessee of a pro- hibited, abandoned or hazardous sign or the owner of the property on which such sign is located fails to comply with notice given pursuant to this section within the time specified, the City Manager or his designee is authorized to cause the action required by ordinance, which may include re1110val of the sign by the City . All costs incurred by the City plua an adainiatrative coat of fifteen percent (15%) of the direct coats ahall be charged against the real property and its owners. d. Notice-of Costs. If the City incurs costs-taking action required by this section, a statement ahall be prepared for the entire cost plus fifteen percent (15%) adminiatrative coata, and be mailed by certified mail, return receipt requeated, to the owner of the property on which the sign is located with instructions that said atateaeot will be paid in full plua costs within thirty (30) day a of aaid mailina data. The notice ahall alao inform the property owner that the failure to pay the atatement for costs for sign reaoval within sixty (60) daya ahall result in an aaaeaaaent being made against the property which ahall conatitute a lien purauant to 122.7 of the Comprehenaive Zoning Ordinance of the City of Englewood. e. Aaaes-nt. If the full aaount of the stat-t relating to sign removal from realty ia not paid within aixty (60) daya, the City Manager shall direct the Director of Finance to aaaeaa the entire aaount of the statement plua an additional twenty-five percent (25%) pao&lty aaainat the apecified realty. After asaeaament by the Director of Finance, a copy shall be sant to each owner of record of the asaaaaed realty. Tha aaaaa-nt shall contain a legal deacription of the praai.aea, the e.xpanaaa and coats incurred, and the date of aign removal, and a notice that tha City claiaa a lien for this S1110unt. The Director of Finance shall certify such aaaaaament to the County Treaaurer who ahall collect such aaaaaaaant in the .... manner aa ad valor .. taxes are collected. f. Aaaeaaaenta: Prom tha data of the aaaaaain& atataaent, all aaaaaa- menta shall constitute a perpetual lien against the specified realty and shall have priority over all liens excepting general tax liana and prior apecial aaaeaaaanta. No delaya, aiataltaa, errors or irragularitiaa in any act or proceeding authorized herein shall prejudice or invalidate any final aaaeaa- ment; but the aame may be raaediad by the Director of Finance, aa the caaa may require, upon application ll&de by the property owner or other interested person. When ao raaedied, the.-ahall take affect aa of tha data of the original aaaeaamant by the Director of P:in&Dca. g. Other Reaediea. "1:J.y unpaid charaa plus all coats and paualtiaa shall conatitute a debt due the City. The City Attorney ahall, at the dir- ection of the City Manager, institute civil auit in the naaa of the City to recover auch charaea, coat and panaltiaa. The City aay prevent by injunction and require reaoval of any aign erected without a parait. Thaaa raaediaa ahall be cuaulativa with all other raaediaa, includina proaacution in Municipal Court for each violation of thia chapter purauant to the proviaiona and penaltiaa eatabliahed by Title I, Chapter 2, of the '69 !.M.C. 122 .7-15 Savarability. Th proviaioia of thia coda are severable. lf any part of thia coda ia declared unconatitutional by a final jud11M1Dt of a court of coapet- nt juriadiction, that decision shall not affect any portion of the coda which raaaina, but the r ... indar ahall be in fl&l.l force 8Dd affect ea if the portion declared uncooatitutional had never baao a part of the coda • • I • • • • - -17- 22.7-16 Definitions. Animated Sign. Any sign or part of a s i gn whi ch change s position by movement or rotation or gives the illusion of such change of position. Awnings. A shelter supported entirely from the exterior wall of a building and of a type which can be retracted, folded or collapsed against the face of the supported building. Billboard. An off-premises, outdoor advertising display, usually a rigidly assembled sign, permanently affixed or attached to the ground or a building and used as a comnercial sign not pertaining to the premises. Canopy. A roof-like structure which is attached to a wall or walls of a building and may be provided with ground supports. Usually of a l i ghter material than a marquee. Comnercial Sign. A s i gn wh i ch conveys information predominantly rel ated to the economic interests of its proprietor and its audience; or a sign wh ich proposes a comnercial transaction; o r a sign which conveys information for the purpose of inducing or perm i tting i ts aud i ence to enter into a comnercia l transaction. Concealed Li ght Source. An art if icial light i ntended t o i llum i na t e the face of a sign, which light is sh i e l ded f rom pub lic v i ew and from ad j oining properties. Department. 'Ille Depa r tmen t of Corrtnun ity De ve loµnen t. Di r ector . Director of the Department of Corrtnunity Dev eloµnen t . Display Surface or Face. 'n'le area made available by the sign structure for the pu rpose of displaying a message. Distance of Sign Projection. 'n'l distance from the exterior wall surface of the building , or from th furthest point on a mansard roof, to the display face of a wall sign. Drive 'n'lru Identification Sign. A sign which id ntifies a driv thru facility and the &islness to which it long • Election Sign. A sign providing information regarding elections, candidates , or issu s concerning such lections. Exterior wall Surface. 'n'l most exterior rt of aw 11, sun scr n, or any serening or material covering a building. Ground~n. A sign supported by pole, uprights or br c from th gr or an obj ct on th ground, bu no a tac:h to xt nd of th building. • I • • - • • • • -18- Ideological si1n. A sign which has as its dominant theme or purpose the expression of a rel gious, polit ical, social, philosophical or other ideological message. Illllllinated Sign. A sign lighted by or exposed to artificial lighting either by lights on the sign, within the sign, or directed toward the sign. Individual Letter Sign. Letters or figures individually fashioned from metal or other materials and attached to the wall of a building or other surface; but not including a sign painted on a wall or other surface. Joint Identification Sign. A sign which serves as a C01111WOn or collective identification for two or 11Dre businesses or industrial uses on the same lot. Such sign may contain a director to said uses as an integral part thereof, or may serve as general identification only for such developments as shopping centers, industrial parks and the like. Major Architectural Detail. Distinguishable design features of the facade of the building such as windows, doors, balconies, colllllns, or patterns or designs formed at the time of construction by the b.Jilding material. Mansard Roof. An architectural feat'ure which is a steep roof structure which is a portion of a roof structure or is attached to the wall of a building. Hanaard Roof Sign. A sign attached to the aide of a Hansard roof. Ha ·rquee. A rigid, roof-like structure, uaually of glass, metal or wood construction, attached to a wall or walls of a building or structure and aupported by the building or structure which may or may not have ground aupporta. Marquee Sign. A sign attached to, painted on, or erec ted against the face of the marquee. Nonconforming Sign. Any aign lawful when erected but which, on the effective date of thia Ordinance, does not conform to the limitation• eatab- liahed by this Ordinance. Parapet Wall. That part of any wall which extenda entirely above the roof line. Portable Sign. Any sign which ia not peraanently affix d to a building, structure, or the ground, except signs painted on or magnetically attached to any licenaed vehicle, Proj cting Sign. A aian other than a wall sian which project• fro and ia aupported by a wall , • I • • • • • • • -19 - Roof Line. The highest point on any building where an exterior wall encloses usable floor area including roof area provided for housing mechanical equipment. Roof Sign. Roof sign shall mean a sign erected upon or above the roof line or parapet of the building or structure, except that signs located on a mansard roof shall be considered a wall sign. Short Term Advertising Signs. Signe which advertise the sale of pro- ducts or services on a short tera basis. Sign. Any object, device or part thereof, situated outdoors or indoors , which is used to advertise, identify, display, direct or attract the atten- tion to an object, person, institution, organization, business, product, service, event or location, by any .. ana ir.cluding words, letters, figures, design, syabols, fixtures, colors, aotion, illuaination or projected iaagea. If for any reason, it cannot be readily detarainad whether or not an object is a aian or a particular category of aign, the Departaent shall aake such deteraination baaed on the criteria of the aign code. Sign With Backing. Any sign that is displayed upon, against, or through any material or color surface or backing that forms an integral part of auch display and differentiates the total display froa the background against which it is placed. Sign Wi thou t Backing . Any word,1,letter, emblem, insignia, figure of ' s :lailar c harac ter or group thereo f , that i s neither backed by , inco r po r ated in or o therwis e aade part of any l onger display. Signabl e Are a. Th e a ignab le area s hall -•n that area of a build ing f a c ade up t o the roo f line whic h i s fr e e of windows and door s or aajor a r c h i t ectural d e t a i l a nd may be enclosed by a n :laaginary r ec tang le. If, because of the design of the buildi ng, a qignab le area c anno t be i d entified, the Department and the applicant will determine a suitable area for signage. Sp c ial Evant Sign . A aign which announces an event sponsored by a public, c ivic or charitable group . Suspended Sian . A aign auapended from the ceiling of an arcade or marquee . Third-Party Sian . A aian relating to products or services not on the same lot. Wall Sign. A ai n attached to, painted on, or erected a gainst a wall of a building, the display surface of which is pa rallel to the face of the buildin to which the sign ia a ttnchad. A aanaa rd roof aay be conaidarad a wall if th top edge of a aign •~teched to it extends no aore than twen ty-four (24) inch a froa the aanaard roof surface • • I • • • • • • -2 0- Wind Sign. Any sign set in motion by wind or breeze, such as banners, flags, pennants or other objects or material. Flags of nations, states or municipalities shall not be classified as Wind Signe. Window Area. The area of all windows on the first floor of a building which faces or are visible froa one public right-of-way. Window Sign. A sign which is applied or attached to, or located within twelve (12) inches of the interior surface of a window; which sign can be seen through the window from the exterior of the structure. • I • • - • • • • Introduced, read in full, and passed on first reading on the 5th day of April, 1982. Published as a Bill for an Ordinance on the 7th day of April, 1982. Read in full as amended on the 21st day of June, 1982. Published in full as amended on the 23rd day of June, 1982. Read by title and passed on final reading on the 6th day of July, 1982. Published by title as Ordinance No. ~'1 , Series of 1982, on the 7th day of July, 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 fore- going is a true, accurate and complete copy of the Ordinance passed on final reading and published by title as Ordinance No. c;a ';t , Series of 1982. Gary R. Higbee I • • n ORDINANCE NO. _j q SERIES OF 1982 • - BY AUTHORITY COUNCIL BILL NO. 22.1 INTRODUCED BY COUNCIL MEMBER NEAL/BRADSHAW AN ORDINANCE AMENDING 'IBE C(X,1pREHENSIVE ZONI!',K; ORDINANCE OF THE CITY OF ENGLEWOOD BY REPEALING ANO RE-ENACTil'C SEC'rION 22. 7 THEREOF TO REVISE 'lliE SIGN CODE CONTAINED THEREIN. WHEREAS, the City of Englewood adopted its first Comprehensive Sign Code in 1974, regulating the signage of the City; and the conditions within the City of Englewood relevant to signage have changed substantially since that time; and WHEREAS, the Sign Code of 1974 had no provisions for bringing into compliance with the Code those signs which did not meet that Code's requirements and that has resulted in unsightly and inappropriate signage remaining in existence; and WHERF.AS, the character of the City of Englewood is as a regional retail shopping center to people in the metropolitan area, which activity serves to generate significant revenues for necessary City services; the City of Englewood has made a con1r.itment to revitalize and maintain Englewood as a vital retail center for the area by approving a Comprehensive Plan, approving a Downtown Oeveloµnent Plan, activating the Urban Renewal Authority and has taken steps to implement and complete ~1ese City goals, and Sign Code revision is a necessary adjunct to these goals; and WHEREAS, the correlative character of the City of Englewood is as a family residential area, and it is important to control signage to be consistent with the values and goals of the important family residential character of the City of Englewood; and ~. business leaders in th City of Englewood have expressed support for a Sign Code revisions to complement updating and modernization of the City 's conrnercial activities; and citizens of Englewood have expressed desires to promote, through zoning and signage control, a coirrnunity which is beautiful , h althy, clean , well-balanced nd safe; and WHEREAS, th City Planning and Zoning COltlllission has well performed it .. Charter function by proposing a r<?vised Sign Cod to City Counci after n rous public h arings and meetings with such Colllnission, citiz ns, and interest,·i party participation and has submitted to th City Council pro eel legi lativ findings off ct which support th enactment of tho proposed Sign Code; and City Council adopts tho propo ed findings of !act nd makes additional finding of f ct; nd has consid red testimony pr ntcd in public arings for th Council, I • • - • • • • • NC"'1, nIBREFORE, BE IT ClIDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLE",,UQO, COLORADO: Section 1. That Section 22 .7 of the Comprehensive Zoning Ordinance of the City of Englewood be and hereby is amended to read: • I • • - • • • • • TABLE OF CONTENTS §22.7 SIGN CODE .•..••......•...•.......•.....•.....•...........•.. l §22. 7-1 General Statement ...•.............•....•........••..... l §22.7-2 Scope and Application of this Section .....••..•.......• l §22. 7-3 Permits •.••.•.•••...•.....•.•.••.•.•..•.•.....•........ 2 §22. 7-4 Permit for Group Signs .•••.•.•.•.•.•................... 4 §22. 7-5 Signs Not Subject to Permit ............................ 4 122.7-6 Signs Subject to Temporary Permit •.•••.•.••....•••.•... 5 §22.7-7 Signs Subject to Yearly Regi stration ....•.•.......•.•.• 6 122.7-8 Signs Prohibited in All Zone Districts .•.•.•.•.•.•••.•. 6 122.7-9 Signs Permitted in Residential Zone Districts ....•...•• 7 §22.7-10 Signs Permitted in Commercial and Industrial Zone Districts ..•..••.•...•...•...•.•.•...•.•.•••. , .••• 9 122. 7-11 Sign Area Measurement ..• , .•.• , ....•..••.•...••......... 12 122. 7-12 Maintenance .•••..•••••.••.• ,,, .... , ...•.•.•••.•.••.••.• 13 §2 2. 7-13 Nonconforming Signs ...•....••.•.•.•.••. , ••.... , ••...•.• 13 §22.7-14 Prohibited, Hazardous and Abandoned Signs .............. 15 §22. 7-15 Severability .•••......••....•.••.•..•...••.•..•..•.•.•. 16 122. 7-16 Definitions .. , ............ , ............................ 16 • I • • • • • • This Ordinance shall be known and cited as the "City of Englewood Sign Code." §22.7 SIGN CODE §22.7-1 General Statement. The City Planning and Zoning Connnission and City Council recognize that signs are a necessary means of visual co111Dunication for the convenience of the public and that it is the right of those concerned to identify their businesses, services or other activities by the use of signs. However, the Coamission and Council are also aware that citizens of Englewood are concerned about adopting and enforcing sound environmental practices, in- cluding the strict control of signs, and limiting signs to those which are accessory and incidental to the use on the premises where such signs are located. It is to this end that the following goals are set forth and the regulations in this section are deemed necessary: a. To protect the public from hazardous conditions that result from signs which are structurally unsafe, obscure the vision of motorists, and/or compete or conflict with necessary traffic signals or other traffic regula- tory devices. b. To encourage signs which are well-designed, legible, and appropriate to the uses permitted as well as compatible with their surroundings and with the buildings to which they are appurtenant. c. To provide a reasonable balance between the right of an individual to identify his business and the right of the public to be protected against the visual discord resulting from the unrestricted proliferation of signs and imilar devices. d. To require that sign whi ch dv rtise or identify a us or a business no longer in op ration b removed within a reasonable tim. e. Tor quire that signs which do not comply with the requirem nts of this Ordinance be tet'lllinated within reasonable period of time. 122.7-2 Sop and Application of this Section. er ction , permitted any am nd Th a regulation ov rn and control th display, cons truction , alteration, r d ling, nlarging, ovin or maintenanc of all signs within all ~on districts stablish d by thi Zoning Ordinanc and nta th r to. Thi• sign cod shall b ment o C? unity D v lop nt wh o and those n ceaaarily impli d to aay iasu ppropriat pro dur • Upon applic tion to dminht nd tor, a ai aay b er ct d, alt rd Dire tor of the D p rt- P rs nd duti • t forth nor e this cod ; th Dir ctor by h D part intain d nly • nt o a p rait th r - r a P raitt d Us I • • • • - -2- in the District in which the signs are located; signs shall be located on the same lot as the Permitted Use; provided, however, that no sign of any type shall be erected or maintained for or by a single-family, two-family or three-family residential use, except Home Occupation signs and certain signs for which no permit is required. Nothing herein contained shall be deemed a waiver of th provisions of any other ordinance or regulation applicable to signs. Signs located in areas governed by several ordinances and/or applicable regulations shall comply with all such ordinances and regulations. If there is a conflict between the regula- tions in this Section and any other ordinance or regulations, the more stringent regulation shall apply. 122.7-3 Permits. a. Permit required. It shall be unlawful to display, erect , construct, relocate or alter (except for copy changes), any sign without first filing with the Department an application in writing, paying applicable fees, and obtaining a sign permit, except as provided in §22.7-5 and §22.7-7 of this ordinance. When a sign permit has been issued by the Department, it shall be unlawful to change, modify, alter or otherwise deviate from the terms or conditions of said permit without prior approval of the Department. A written record of such approval shall be entered upon the original permit application and maintained in the files of the Department. b. Application for Permit. Application for sign permit shall be made by the owner or tenants of the property on which the sign is to be located, his authorized agent, or a sign contractor licens d by the City of Englewood. Such arplications shall be made in writing on forms furnish d by the Plan- o ng Division, and shall be signed by the applicant. Th D partm nt shall, within five (5) working days of the date of th applic tion, either approv or deny the application or r fer th pplication back to th applicant in any instance where insufficient information has b n furni h d. must b ia not B rv d of or If ctu l work p rait ia u d within ix hall autOIIBtically b willful a ta or n 1 nt ctor, under any p nut isau dis not in th p rmit application and/or ia it b found application r or i 0 • I • • • • • -3- permi t may be exc u s ed and the Di rector may g r an t an ex tension of t ime in whic h to s tart or resume operations. Al l requests for ex tension s and approval thereof shall be in writing. When any permit has been r e v oked under the t erms of this sec tio n , permi t f ees shal l not be refunded . c . Pl ans, Specifications and Other Data Requeste d. Th e a pp lication for a sign permit shall be accompanied by the fo l l owing p l a ns a nd oth e r information . The nam e , address and tele phone numb er of the own er or per sons en t itl i:d t o possession of the sign and of the sign c ontrac tor or erec t o r; t he location by street address of the proposed sign structure; c omplete information as required on application forms provided by the Departmen t, including a s ite plan and elevation drawings of the proposed sign drawn to scale , c aption of the proposed sign and such other data as is pertinent to the applicat i on; plans indicating the scope and structural detail of the work to be done, including details of all connections, guy lines, supports and footings, and materials to be used; application for an electrical permit for all electrical signs, and the required information for such application; and a statement of value or c ost of the sign. d. Permit Fees. A permit fee shall be paid to the City f or each sign permit issued under this sec tion. The permit fee shall be in accordance with t he fee schedule establis hed by the City Coun c il . e. I denti f i c ation and Harking of Elec tr ical Signs . Each electrical sign hereafter erec ted or remodeled shall bear thereon a c learly legi ble identifica- tion plate not exceeding fifteen (15) square inc hes in area, stating the name of the person, f irm or c orporation responsibl e f or its c onstruc tion and erection, with i n s tall ation date a n d permit numb e r a nd sha ll be marked with inpu t amp e res at full load input. f , Li censing and I n sur ance Req ui r ements. A:ny pr on , firm or corporation ngaged in th business of i n s t all i ng, recting , moving or maintaining signs in the Ci t y of En glewood shall b d uly licen ed by th City. A per on who h appli d for a ign permit a nd is not engaged in th sign erecting busin as may b allowed to install, e r ect , mov e , or maintain his own sign upon demon tration to the Department that h possesses s uffici nt knowl dge and skill and is a,propriately insured for public pro- tection. Upon such d monstr tion, th Dir ctor or d s igne may issu a non- ren wable ai contractors lie na . Such liens will be valid only for th installation, r ction or 110vin of a1 na • ap cifi don th p rmit. rwi t ill 1 au d for a sign which is locat d over public prop rty r quir any work ov r public prop rty, th er ctor shall furnish to th City a c rtificate of inaur nee from a firm with corporat surety, nd uthoriz d to do bu in a in th St te of Colorado , for public liability and prop rty d g in unta tabliah d by t ha Oepartaent of not least nth following and cov rin th liability of th sign e r ector with rap ct to all r p rforaed by hi• or hia ag nta or eaploy ea: or d th or injury to n ••.••..•.•••• $100,000 Total 11 bility in ny ••••.••.•.•••.• 300,000 Pro rty d • . • • • • . • • • . • • . • • • • • . • • . • • • • • . • • • • • 50,000 • I • • • • • -4- §22.7-4 Permit for Group Signs. Persons submitting a plan for a group of signs which are designed as an integral part of a new Planned Development or a new single development occupying no less than 24,000 square feet of lot area, may be granted a 25% increase in number of signs or maximum square foot area subject to the approval of the Director of the Department. 122,7-5 Signs Not Subject to Permits. The following signs displayed f or non-commercial purposes, may be erected and maintained in all Zone Districts without a permit. Such signs shall be in addition to all other signs per- mitted in any Zone District providing such signs do not require direct electri- cal wiring, and conform to setbacks and other physical characteristic require- ments of the designated zone districts. Even though permits are not required f or the following signs, wall signs shall be located only in the signable area, and window signs shall be counted toward the 25 % maximum c overage. This restric - tion shall not apply to holiday decorations, or to short term advertising as provided in 122.7-10 e 6. No permit shall be required for copy c hanges or maintenance to a c onforming sign if no structural changes are made. a. Bulletin Boards. Bulletin boards f or public , charitab l e or r e ligious institutions, which are not over twelve (12) s quare feet in a rea, and which are located on the premises of said institutions. b. Election Signs. Elec tion signs shall not be posted more t han forty-five (45) calendar days prior to the election to which the sign relates, and shall be removed within fifteen (15) calendar days following the e l e c tion to which the sign relates. Such signs are limited to wall, window and ground signs, and shall not be a banner of paper or cloth. In residential zone d is tricts, there shall be no more than tw o (2) elec tion s igns per each lot; they shall not exceed twelve (12) square f eet of t o ta l sign a rea, and shall be no mor e than six (6) feet in height above gr ad e. I n Co111111er- cial and Industrial Zone Di s tricts, th e r e shal l be no more than tw o (2) pe r e ach street frontage ; they s hal l not e xce d twent y-four (2 4 ) squa r e fee t of t o tal sign a rea. c . Flag s . Flags of nation s or an organ ization of na t ions , s t ates a nd cities. d. Holiday Decorations. Signs in then tur of decorations , clearly incidental and commo n ly associated with any national, local or religious holiday; provided that such signs sh 11 be displayed for a p riod of not 1110re than sixty (60) consecutive calend r days. Such signs may b of ny type , number, ar a, hei ht, location, illumination , or animation, and shall b locat d so as not to conflict wi t h traffic r egulatory d v ices. e. Id ological Signs. Ideological s i gns not more t han t w l v e (12) square C et in total aign ar a. Such signa are limited to not mo r e than t (2) pr lot. f. d Building,. Providing no signs, 1ymbola, letters, figures , tc., id ntifyin an , a rvice , or product , occur on th buildin or the part of th buildin which ia illU111inated. • I • • • • - -5- g. Memorial Signs. Memorial signs or ,tablets, giving the name of building and date of erection, when cut into any masonry surface or inlaid so as to be part of the building. h. Private Parking or Traffic Direction Signs. Signs giving parking or traffic directions or restrictions which do not require direct electrical wiring, provided that such signs are limited to : wall and ground signs, n o t more than two (2) signs per c urb cut on the lot and not more than six (6) square feet per face in area, and not more than six (6) feet in height above grade. Not more than one (1) directional sign may be displayed at each curb cut. Su ch signs may be illuminated from a concealed light source which does not flash, blink, or fluctuate, and shall not be animated. 1 . Public Signs. Signs required or specifically authorized for a public purpose by any law, statute or ordinance. j . Signs Within Buildings. Signs withi n buildings that are not visible from the public right-of-way or are more than twelve (12) inches from the interior side of a window . k. Scoreboards. Scoreboards located on athletic field s . 1 . Symbols . Symbols or crests of national, state, rel igious, f raternal, prof essional and civic organizations . m. Vehicle Consumer I nformation Signs . Signs on cars, truc ka, or other vehicles displayed in coaiiercial lots which give information as to price, emissions or mileage as required by state or federal law of such vehicles. These signs are limited to 25% coverage of window area. n. Work s of Art . Works of art which i n no way identi fy a p roduc t . 122.7 -6 Signs Subjec t to Temporary Permit . Th e f o l lowin g sign s ma y be d i s p layed in the d esigna t ed zone distr icts und r the condi t ions describ ed , upon grantin g a t empo r ary perait. a. Special Event Signs. In residential zone districts , p cial event s igns are per111itted in addition to all o t her sign s allow d for a Peraitted Use. Such signs shall be limit d to one (1) wall or one (1) ground sign, subject to limitations described in this section and in f22.7 -8a; no more than t welve (12) feet in height, and shall not exca d twelve (12) square feet in ar a, and shall not be displayed for more than thirty (30) cal ndar daya . In coaaercial and induatrial zone aistricts , one special event sign may be peraitted in addition to all other s ians. Such sian shall b liaitad to wall, wi ndow or ground signs , aubject t o l imi t ations d e scribed in 122.7-lOc l, 5, and 6. Such sign shall not be more than t we n t y-four (24) square fe tin area and shall not b e d i splayed for aore than t hirty (30) c a lenda r da ys. b . Str t B nners. Banners a c ro ss public thorou hfar I ann uncin ev nts aponaored by t h e City, !n&levood School District , Ara pah County, or c haritable organization, may be authoriz d by teaporary permit by th Director. Such Street Bann rs ahall be inatalled , reaov d and aaintain d by the aponaor. • I • • • • • • -6- §22.7-7 Signs Subject to Yearly Registration. The following signs are additionally permitted in all zone dis- tricts and shall be registered by the owner or lessor, with the Department sixty (60) calendar days after the effective date of this ordinance. This registration must be renewed on an annual basis thereafter and subject to the following conditions: a. Contractor Signs. A sign not more than twelve (12) square feet per face in area and not more than twenty-four (24) square feet in total sign area, which names the contractors or sponsors engaged in construction on the property where the sign is located. b. Real Estate Signs. Signs which advertise the sale, rental or lease of the premises upon which said signs are located. Such signs shall not ex- tend outside the property line and shall not be more than six (6) square feet per face in area. Signs which advertise the pre-leasing of a proposed develop- ment or redevelopment may be permitted no more than two (2) signs and shall not be more than twenty-four (24) square feet per face in area. 122.7-8 Siana Prohibited in All Zone Districts. The following signs are prohibited in all zone districts and are declared a nuisance by the Department. a. Any ground sign within a triangular area of thirty (30) feet along two (2) aides of an intersection of curbs of two (2) streets, a railroad right-of-way and a street, a driveway and a street, or an alley and a street, which does not have a clear area of seven (7) feet between the grade level and the bottoa of the sign unless approved by the City Traffic Engineer. b. Antaated signs. c. Bannera, pennants, valances, and wind-powered devices. d. Billboards. e. Flashin or blinking signs, except for scoreboards and time and temperature devic a. f. Portable signs. g. Outdoor display of merchandise on public right-of-way. h. Roof atans. i. Search lights. j. Signa painted on fences. k. Strin&s of light bulbs used in connection with co ... rcial preaises for co.-ercial purposes, other than traditional holiday d corationa. 1, Third-party ai1ns. a. Wheel d advertiaing devicH, except for perunent liF• oo licenaed vehicles. I • • n • • • -7- §2 2 .7-9 Signs Permitted in Residential Zoning Districts: R-1-A, R-1-B, R 1-C, R-2, R-2-C, R-3 and R-4. . Sig~s w~ich ~eet the f~llowing criteria may be constructed, displayed and maintained in the residentia l zone districts R-1-A, R-1-B, R-1-C, R-2, R-2-C, R-3 and R-4. a. Permitted Maximum Number . 1. Residential uses shall be permitted one (1) sign in add ition to those permitted in 122.7-Sb, c, d, and e. 2. Nonresidential uses shall be permitted two (2) signs in addition to those permitted in §22.7-5. b. Permitted Maximum Sign Area. 1. Single-family, Two-Family and Three-Family Residences. One (1) square foot in addition to the area of those permitted in §22. 7-Sb, c, d, and e. 2. Religious and Educational Institutions, Public Buildings and Residential Uses with Between Four (4) and Thirty-Nine (39) Dwelling Units. TweLty (20) square feet or two (2j square feet of sign area for each ona-thou&Mnd (1,000) square feet of lot area; not, however, to exceed sixty (60) square feet of total sign area and provided that no one sign face shall exceed twenty (20) square feet in area. 3. Professional Offices or Residential Uses Havin Fort or More Dwellin Units. Twenty (20) square feet or two (2) square feet of sign area for each thousand (1,000) square feet of lot area; not, however, to exceed ninety-six (96) square feet of total sign area for each lot provided that no one sian face shall exceed thirty-two (32) square feet. 4. Other Lawful Non -Residential Uses. Twenty (20) square feet of ign area for each use, provided that no one sign face shall exceed ten (10) square feet. c. Permitted Sign Typ a. 1. Ground Signs. Ground signs are peraitted only for religious and ducational institutions, public buildings, hospitals, clinics, pro- f saional offices, or forty (40) or aore residential units. Such siana sh 11 be no more than fifteen (1~) f tin haiaht and shall be sat back ten (10) feet from the property lin 6Dd are subject to tha liaitations des- crib din 122 .7-8a. 2. Karqu •, C nopy or Awnin& Siana, All ai&na shall ba parallal to the face of the aarqu .. , canopy or awr1in1 upon vbich auch aiana ara dia- played and ahall not project above or balov the f ace of the •rquee , caDOpy or wning, and ahall only id ntify the buaineaa by n ... aAIJ/or address . J, ty- fiv (2S) aquar (20) t. Such 11 n ahall be located in the "•i&nable aru" of the facade of th building, and auat not obacur aaJor architectural details or exteod I • • • • • -8- above the roof line. Such signs shall have a clearance of ten (10) feet from grade level to the bottom of the sign. Maxim.um projection shall be thirty (30) inches from the building to which it is attached. If a sign projects more than thirty (30) inches over the public right-of-way, an encroachment agreement must be obtained from the City. Where a projecting sign has two (2) or more display faces, all faces shall be included in determining the area of the sign. 4. Suspended Signs. Suspended signs shall not exceed four (4) square feet per face in area; shall be separated by a distance of fifteen (15) feet and shall have a ainim.um clearance of seven (7) feet above grade level to the bottom of the sign. Such signs shall be limited in content to identification or address of the business. 5. Wall Signs. Wall signs shall be no greater than twenty (20) feet in height, shall not project more than twelve (12) inches from the face of the building to which it is attached and shall not extend above the roof line or the parapet wall. 6. Window Signs. Window signs shall not occupy aore than 25% of the window in which they are displayed and shall not be displayed in win- dows above the first floor level. d. Peraitted Illumination. All signs described above except home occu- pation signs aay be illuainated, but only from a concealed light source. Signs shall not reaain illuminated between the hours of 11:00 p.m. and 7:00 a.a., except signs permitted for medical services and public services such as police and fire, which are provided on a twenty-four hour basis. e. Signs Additionally Alloyed 1. Koae Occupation Sign. Home occupation sign not aore than one (1) square foot in area, which is affixed to the building, and which is unlighted and unanim.ated. 2, High-Rise Building Identification Wall Signs. For aulti- storied buildings in excess of the maxiaua height peraitted in the R-3 Zone District, additional wall sign area shall be peraitted for building identification purposes in conformance with the schedule set forth below . Sign area ahall be baaed upon a square footaae factor multiplied by hori- zontal linear footage of the buildingfiacade at the elevation of the facade where the sign is placed. a) For sips located froa sixty (60) feet to on hundred (100) feet in heiaht, the fact~r shall be five (5) aquare feet. b) For signs located froa one hundred one (101) to one hundred fifty (150) feet in heiaht, the factor shall be aix (6) square fe t. c) For signa located one hundred fifty-one (151) f et to two hundred (200) feet in heiaht, the factor shall be seven (7) aquare fat . Hulti-atoried buildin .. aay b peraitted id otificatioo vall aigna of the aiae provided by aubparaarapha 1 throuah 3 for each buildin .1 ------------........................ • I • • • • • • -9- fac ade visible from a public right-of-way. Wall sign areas permitted by this subsection for one facade may uot be used for any facade other than the facade for which such allowance is g~anted and shall be exempt from §22.7-11 a 3. Such signs shall not count against maximum sign area, or maximum number of signs. 3. Identifications~. Signs limited to name of occupant, address of premises, and no more than four (4) square feet per sign in area. S~ch . si gns are limited to no more than one (1) per street front, and may be illuminated only from a concealed light source. Such signs do not count against maximum sign area or number. §22.7-10 Signs Permitted in Commercial and Industrial Zone Districts: B-1 and B-2, I-1 and I-2. Signs which meet the foll owing cri1 .er ia may be constructed, displ ayed, and maintained in commerci a l and indu~t~ial zones B-1, B-2, I-1 and I-2. a. signs if signs if five (5) greater. Permitted Maximum Number. Each permitted us~ may have three (3) the linear foot of the street frontage is 150 feet or less; four (4) the linear foot of the street frontage is 151 feet to 300 feet; signs if the linear foot of the street frontage is 301 feet or b. Permitted Maximum Sign Area. 1. For All Permitted Uses: a) For a Lot Having One Permitted Use. For the Permitted Use, the maximum sign area shall be eighty (80) square feet or as calculated from the table herein : Street Frontage 1 foot to 100 feet 101 feet to 250 feet 251 feet+ Sign Area/Foot of Street Frontage 1.5 sq. ft./1 foot 1.0 sq. ft./1 foot 0.4 sq. ft./1 foot No single sian face ahall exceed one hundred (100} square feet in rea, except as provided in Section e 2 and 7 hareof, nor ahall tho total sign area of any use exceed six hundred (600) aquar• faat. b) For a Lot Having Two or Hore Permitted Uaes. For each Permitted U e the maxillwa sign area shall be eia)ity (80} square feet or sa calculated from the table harein : Building Front l foot to 100 feet 101 fat+ Sign Area/Foot of Building Front 1.5 sq. ft./1 foot 1.0 sq. ft./1 foot No single sin face shall exc ed on hundred (100) square feet in area xcept ss provid din 1 22.7-10 2 and 7 n r h 11 h tntal ~iAn r ea of any use xce d six hundr d (600) square feet • • I • • • • • -10- c. Permitted Sign Types. l. Ground Signs. The maximum height of a ground sign shall be twenty (20) feet. The distance between signs on adjacent lots hall be not less than the height of the taller sign. If ther i more than one business in a building or if a group of bui ldings are associated by ership , no ground signs are permitted except Joint Identification Signs. Where a ground sign has two (2) or more display faces, all faces hall be included in deter- mining the area of the sign. 2. Marquees, Canopy or Awning Signs. All signs shall be parallel to the face of the marquee, canopy or awning upon which such signs are dis- played and shall not project above or below the face o f the marquee, canopy or awning, and shall only identify the business by name and/or address. 3. Projecting Signs. Maximum area of the sign shall be twenty-five (25) square feet per face and the maximum height shall be twenty (20) feet. Such signs shall be located in the "signable area" of the facade of the building, as described in §22.7-lla 3, and must not obscure major architectur- al details or extend above the roof line. Such signs shall have a clearance of ten (10) feet from grade level to the bottom of the sign. Maximum projec- tion shall be thirty (30) inches from the building to which it is attached. If a sign projects more than thirty (30) inches over the public right-of-way, an encroachment agreement must be obtained from the City. Where a projecting sign has two (2) or more display faces, all faces shall be included in deter- mining the area of the sign. 4. Suspended Signs. Shall not ex ceed four (4) square feet per face in area; shall be separated by a distance of fifteen (15) feet and shall have a minimum clearance of seven (7) feet above grade level to the bottom of the sign. Such signs shall be limited in c ontent to identifica- tion or address of the business. 5. Wall Signs. Wall signs shall b placed only in "signable areas" of a building facade except as sp cified in §22. 7-10 e 7. "Signable Area" of the building mans any area of the facade of the building up to the roof line whic h is free of windows and doors or major architectural detail. The area of the wall sign must not exce d 40% of the identified "aignable area". Wall signs may not project mor than eighteen (18) inches from the supporting wall. Wall signs may not ext nd above the roof line or parapet wall. 6. Window Sign s. Wind aigna shall not occupy mor than 25% of the total re of th wind in which they are displayed. This 25% IIIAXimum cov rage shall includ all signs except short term adv rtising aigna r gardleaa of wh th r it ia count d for sign are llowed or not. Signs dis- played t welve (12) inch a or 1 ss fro th interior of wind s shall b debit d a ainat th aqu re foot ar a and number of 1igns allow d a permitt d u1 • Window 1igns are not p rmitted in wind I abov th fir1t floor. d. Parmitt d Illumination. Signs in Co rci1l and lndu1trial Zon • -Y b illuminat d, but all dir ct illumination 1hall not exc d tw nty- fiv (25) watt, pr bulb. Sign Additionally Allow d. Th in co .. rial and indu1trial zon 1 1ubje foll in to th 1ign1 re al10 ell condition, 1tat d I • • • • • -11- 1. Drive Thru Identification Signs. Each Permitted Use with a s heltered drive thru facility may have one (1) identification sign attached to the shelter structure subject to the limitations of §22.7-lla 3. Maximum sign area shall be ten (10) square feet for each lane of the drive thru f acility. Such signs shall not count against maximum sign area or number. 2. High Rise Building Identification Wall Signs. For multi- storied buildings in excess of the maximum height permitted in the B-1, B-2, I-1 or I-2 Zone Districts, additional wall sign area shall be permitted for building identification purposes in conformance with the schedule set forth below. Sign area shall be based upon a square footage factor multi- plied by horizontal linear footage of the building facade at the elevation of the facade where the sign is placed: (a) For signs located from sixty (60) feet to one hundred (100) feet in height, the factor shall be five (5) square feet; (b) For signs located from one hundred one (101) feet to one hundred fifty (150) feet in height, the factor shall be six (6) square feet; (c) For signs located one hundred fifty-one (151) feet to two hundred (200 ) feet in height, the factor shall be seven (7) square feet. Multi-storied buildings may be permitted identification wal l signs for each building facade visible from a public right-of-way . Wall s ign areas permitted by this subsection for one facade may not be used for any facade other than the facade for which such allowance is granted and shall be exempt from §22.7-lla 3. Such signs shall not count against maximum sign area and number . 3. Identification Signs . Si gns limited t o name of occupant, a d- dress of premises, and no more than four (4) square fe e t per si gn i n a r ea. Such signs are limited to n o mor e than one (1) p e r s tree t fro nt, and ma y be illuminated only from a c on cealed light s ource . Su ch signs do no t count against maximum s ign area or number. 4. Joint Identific ation Signs. Joint Identi f i c ation Signs a r e permitted for two or more Permitted Uses on the same lot a s the s ign. If two or more bu s inesses occ upy the same building, or a group of build i n gs are associated by ownership, no ground signs are permitted e xc ep t J oint I dentific ation Signs . Each i nd ivi dual identifica tion wi thin t he Joiut I d e nti f i c ation Sign shall be uni form i n s ize , t y pe and s t yle except for the nam e of the develop n t. Th following Joint ld n t ificat i on Signs are in addition to all other signa in terms of maximum aign area and number . a) of Joint Identification Sign • On (1) squar e foot of ai n ar a for ach two (2) lin ar fe t of stre t fronts p r ovid d , h ow ever, that no singl sign shall xc done hundr d (100) square f et per face , and th at th total ar a of the Joint Id ntification aign s hall not axe d t wo hundred (200) squar e fe t. One (1) sign 5, S conda r y Signa. On the r ar of th buildin , or ua may h av on (1) ai n id nti ying n of t h buain aa, old , aanufactur d or a rvicea of rd, which ahall not b count the aaxillwa aian ar a or numb r, Such aacondary ai n ahall not • 0 I • • • • - -12- one-half (1/2) square foot of sign area for each linear foot of the front lot line, or one (1) square foot of sign area for each linear foot of build- ing front for a lot having two (2) or more Permitted Uses. 6. Short Term Advertising Signs. In addition to other signs allowed in a Permitted Use, each business or designated use may be permitted short term advertising signs, provided such signs are limited to window or wall signs. Window signs shall not cover more than 20% of the window area above that specified in 122.7-Dc 6. Wall signs shall not be greater than fifty (SO) square feet in area and subject to the limitations of §22.7-lOc 5. All such signs shall be limited to a two (2) week period after which a permit will be required. Such signs shall show the date of installation or display. 7. Signs Set Back from Public Right-of-Way. For buildings with building frontage of fifty (SO) feet or less: The permitted area of only one sign face may be increased at the rate of one- third of one percent (.0033) for each additional foot of distance beyond the first one hundred (100) feet of building setback and based on the great- er of eighty (80) square feet or as calculated in §22.7-lOb 1 (b), but in no case greater than one hundred (100) square feet. In no case may the increase be more than one hundred (100) percent of the maximum permitted sign face area and the additional sign area calculated herein shall not c ount against the maximum sign area and may exceed forty (40) percent of the signable area. The increase in sign face area will be granted for a sign face which shall be placed at the setback distance as used in the calculation herein. For buildings with building frontage of fifty-one (51) feet or more : The permitted area of only one sign fa ce may be increased at the rate of one-third of one percent (.0033) f or a ch f oot of distanc e beyond the first one hundred (100) fe t o f building s e tback and based on the greater o f ighty (80) square fe t o r as calc ulated in 122.7-lOb 1 (b), but in no c ase greater than one hundred (100) square f eet. I n no one c ase may the inc rease be more than on hundr d (1 00) perc ent of the maximum permitted s ign f a c e ar a and the additiona l s ign area c alcul at d her in shall no t c ount a ga inst the maximum s ign area . This i nc rease in s i gn f ace area shall be granted fo r a s i gn which s h all b placed at the set back dis t a nce as used in the calcul tion h e r i n. 122.7-11 a. Area t o b M aaur Th ar a of a ai n shall b m sured in confol'lllance with th r ulations as herein set forth, pr ov ided that th atructur e or brscin of a aign shall b omitt d fro m asurem nt , un l as auch atruc tur or bracin ism d part of th measag or face of t h a i gn. Wh r a aign has tw o or 110 r dia p lay faces , t h a r a of al l fac a s ha ll b i nclud d in d tarainin th ar a of th sin. ou tl in backl n , oth rv ia Th ar rainin p of • ) I • • • • • -13- 2. Signs Without Backing. The area of signs consisting of indi- vidual letters or symbols shall be measured by determining the sum of the area of the smallest single continuous rectangle enclosing the extreme limits of each message, including all frames, face plates, non-structural trim or other component parts not otherwise used for support. 3, "Signable Area". Signable wall area is a continuous portion of a building facade unbroken by doors or windows or major architectural features. It is calculated by selecting a continuous surface, then drawing an imaginary rectangle within specified height limitations and computing the square foot area of this rectangle. Persons displaying signs attached to a building may determine the "signable area" to be used by choosing any such area on the building facade for the display of signs. Signs may not cover more than 40% of this area. If, because of the design of the building, a signable area cannot be identified, the Department and the applicant will determine a suitable area for signage. 4. Irregular Outline. In the case of an irregularly shaped sign or a sign with letters and/or symbols directly affixed to or painted on the wall of a building, the area of the sign shall be the entire area within a single-continuous rectilinear perimeter of not more than eight (8) straight lines enclosing the extreme limits of writing, representation, emblem or any figure of similar character. b. Number of Signs. Each continuously enclosed area of a sign face , either by outline or by an imaginary line, shall be considered one sign. Signs which have more than one sign structure attached to a common support or wall may be counted as a single sign, or as several s igns; however, if counted as one sign, the total surface area of such multiple unit signs shall include vertical and horizontal spacing between signs. 122.7-12 Maintenance. Every sign, including those specifically exempt from this section in respect to permits and permit fees , shall be maintained in good condition at all times. All signs s hal l be kept neatly paint d, including all metal parts and supports thereof that are not galvanized or of rust-resistant metals. The Director or his or her designee, shall inspect and shall have the authority to order the painting, repair, alter tion, or removal of a sign which ia not in conformance with this ordinanc by r aaon of safety, h alth, or public w lfar , or by r aaon of inadequat 11l8int nanc e, dilapida- tion, or obsol ac nc • 122.7-13 Nonconforming Signs. Any sign which was lawfully rect d nd aaintain d prior to th ff ctive date of this Ordinance, but whi h does not conform to th limita- tions aatabliahed by this Ordinanc , xc pt thoa sin prohibit d, hazard- ous or abandon d, shall b nonconforming al na and aubj ct to th following cond itlona: a. shall b =&a;.;;.a..;;.;;;..;;.;;;;.;;.;.; __ ..;;... ____ .....,...;_..;.;.;...___S~i.c,g"'n""'a;.. All n n conf rai n aigna D partaent. If a valid p rmit D part twill ca11plat th I • • • • - -14- registration and noti f y the owner or l essee of the sign or the owner o f the property on which the sign is located requesting verific ation of the r e gis- tration information. If no valid permit exists for the noncon forming s i gn or if insufficient information in availabl e, the owner or lessee of the sign or the owner of the property on which the sign is located will be no ti fied and must register the non conforming s ign or provide t he neces sary informa- tion within thirty (30) calendar days of rec eip t o f t h e notifica tion. b. Termination of Nonconforming Signs. Any non con fo rming s ign s hal l be brought into conformance or shall terminate and c ease to exist within ten (10) years from the date a permit was issued. If seven (7) y e ars or more has passed from the date a permit was issued to the effective date o f the Code, then the sign must be brought into conformance or terminate and c ease t o exist within three (3) years from the e f fective date of the Code. An y non- c onforming sign without a valid permit must be brought into con f ormanc e or terminate and c ease to exist withi n three (3) years from the e f fect ive da t e of the Code. In addition, a noncon formin g sign must be brough t i n to con fo rm - ance or terminate and cease to exist i f any one of the f oll ow ing condit i on s occur: 1. Whe n ever the s ign i s dama ged more than 50% of its total replace- ment value, or destroyed fr om a ny c ause whatso ever, or becomes obsolete or substandard under any applicab l e ordinance of the mun icipality, to the extent that the sign become s a ha zard or a dan ger . 2 . Whenever the own ership of the pr o perty chan ges on which the non- c onfo rming sign is located . 3 . Whenever t h ere is a c hange in the lesse e, own ership of the business or use t o which the sign pertains. 4. Wh enever there is a request made fo r a permit to change th sign. 5. Whenever there is a request for a permit to make improvem nts to the £acade of the building on which th non-conforming sign is located. c. Nonconforming Signs in Newly Annexed Ar e a s. Any owner or operator of a non-conforming sign in a newly annexed area shall terminate such non- conforming sign in accordance with the requirements of this section, with the effective date of the annex tion ordinance being the start of the tim limita- tion. d. Appeala. Th own r or leaa e of a sign, or th property on which a sign is located who haa b n notifi that auch sign is non-conforming y appeal or design e, within tw nty (20) days of the receipt of such notice. appal shall contain th appellant's name and addr as, the d ciaion pp al d, and a brief explanation why th ppellant ahould not be r to comply with th document appeal d. Th dir ctor or deai n aay inform lly with the appellant to exchange n ceaaary information nd iaaue ad cision in writin to th appellant at hia address atat din the app al. If th d cidon o th Dir ctor or d ai n to aaid er or leaa e, within thirty ( 0) daya of th h aay apply for a variance fr01D the Board o Adjuat nt d n, pro- I • • • - -15- vided for in §22.2-b of the Comprehensive Zoning Ordinance. §22.7-14 Prohibited, Hazardous and Abandoned Signs -Enforcement Pro- cedures. It shall be unlawful to display, construct, erect, enlarge, move or maintain a prohibited sign within the City. more be unlawful to display, construct, erect, enlarge, move hazardous or abandoned sign within the City. alter, remodel, It shall further- or maintain a a. Notification of Unlawful Signs. Notice shall be given by Certified Mail or personal service to the owner or lessee of such unlawful signs and to the owner of the property on which such unlawful aigns are located. Prohibited signs .. described in Section 22.7-8 shall be declared a nuisance by the Department. The notice shall require that prohibited signs be brought into conformance with this Ordinance or be removed within one hundred eighty (180) days after the notice h&8 been received. Signs prohibited in §22. 7-8 d. j andlshall be raaoved within three (3) years from the date the notice is received. This section shall not be applied to require the removal of any. sign for which it is lawfully required, by Federal oc State Constitution or statute, that compensation be paid by the City for sign removal, unless the City elects to pay any compensation lawfully required. Hazardous signa are those which by r ... oo. of inadequate aaintenance, dilapidatioo., or obsolescence, create an illllinent hazard to public health, safety, or welfare, aa declared by the Departaent; those signs are further declared a nuisance and shall not be displayed or erected within the City. The notice shall require hazardous sign removal within ten (10) days. Signa abandoned for a period of thirty (30) daya shall be declared abandoned signs and a nuiaance by the Depart-nt; abandoo.ed aipa shall not be displayed or aaintained within the City. The notice shAll require abandoned sign removal within thirty (30) daya . b. Appeals. The owner or lessee of a sian or the owner of the property on which a aign 1a located who h&8 been notified by the Departaeot that such sign ia prohibited, abandoned or hazardous aay appeal that decision to the Director or desian within twenty (20) days of the receipt of such notice, except for hazardous signs appeal auat be within five (S) daya. The appal shall contain the appeallant'a naae and address, the deciaion being appealed, and a brief uplanation. why the appeallant should not be required to coaply with the docuaent appealed. The director or designee may ~et inforaally with the appeallant to axchAn.ae necessary inforaation. and shall iaaue a decision in writing to the appellant at bis address stated in the appal. If the decision of the Director or deaignee is not eatiafactory to said owner or leea .. , within fifteen (15) days aay apply for a vari&DCe froa the Board of Adjus~nt and Appeals as provided io 122,2-6 of tha Coapreh naive Zonin.& Ordioance, except for haaardoua eigna in which caae th Director's decision ia fi.Dal. • I • • • - -16- c. Failure to Comply with Notices. If the owner or lessee of a pro- hibited, abandoned or hazardous sign or the owner of the property on which such sign is located fails to comply with notice given pursuant to this section within the time specified, the City Manager or his designee is authorized to cause the action required by ordinance, which may include removal of the sign by the City. All costs incurred by the City plus an administrative cost of fifteen percent (15%) of the direct costs shall be charged against the real property and ita owners. d. Notice of Costs. If the City incurs coats-taking action required ~ by this section, a statement shall be prepared for the entire cost plus fifteen percent (15%) administrative cost•, and be mailed by certified mail, return receipt requested, to the owner of the property on which the sign is located with instructions that said statement will be paid in full plus costs within thirty (30) day a of said mailing date. The notice shall also inform the property owner that the failure to pay the statement for costs for sign removal within sixty (60) days shall reault in an aaaea ... nt being made against the property which ahall constitute a lien pursuant to 122.7 of the Comprehensive Zoning Ordinance of the City of Englewood. e. Aaaes-nt. If the full aaount of tha etat~t relating to sign removal from realty ia not paid within sixty (60) days, the City Manager shall direct the Director of Finance to aaaeaa the entire amount of the statement plus an additional twenty-five percent (25%) penalty aaainat the specified realty. After aaaea ... nt by the Director of Finance, a copy shall be aent to each owner of record of the aaaeaaed realty. The aa ... aaant shall contain a legal description of the preaiaea, the expenaea and coats incurred, and the date of aign removal, and a notice that the City claiaa a lien for thia aaount. The Director of Finance ahall certify auch aaaeaaaant to the County Treasurer who shall collect auch aaaeaaaent in the .... aanner aa ad valor .. taxea are collected. f. Aaaea ... nta: Proa the date of the aa ... ain& atat ... nt, all aaaeaa- aenta shall conatitute a perpetual lien aaainat tha specified realty and ahall have priority over all liena excepting general tax liene and prior special aaaea ... nta. No delays, aiatakea, errors or irreaularitiea in any act or proceeding authorized herein shall prejudice or invalidate any final aaaeaa- aent; but the .... may be reaedied by the Director of Finance, aa the caae may require, upon application made by the property owner or other interested person. When ao reaedied, the .-shall tau effect aa of tha date of the original aaaaa ... nt by the Director of Finance. g. 0th r a..ediea. Any unpaid chara• plws all coau and peulti .. shall conatitute a debt due the City. The City Attorney ahall, at the dir- ction of tha City Manager, institute civil auit in the a... of the City to re over auch charaea, coat and penalties. The City may prevent by injunction and require reaoval of any ai&Jl erected without a permit. Thea• reaediea shall be cumulative with all other raaadiea, includina prosecution in Municipal Court for each violation of thia chapter pursuant to tha provia~ and penaltiea eatabliahed by Title I, Chapter 2, of tha '69 E.M.C. 122.7-lS Severability. T proviaiona of thia code are severable. If any part of thia cod ia declared unconatitutiooal by a fioal judpa,aat of a court of coapet- nt juri diction, that decision ahall not affect any portion of tha coda which r in , but the r ... indar ahall be 1n f"11 force and affect ea if th portion d clared unconatitutioa&l hacl DaVar ~apart of tha coda • • I • • • • • • -17- 22.7-16 Definitions. Animated Sign. Any sign or part of a sign which changes position by movement or rotation or gives the illusion of such change of position. Awnings. A shelter supported entirely from the exterior wall of a building and of a type which can be retracted, folded or collapsed against the face of the supported building. Billboard. An off-premises, outdoor advertising display, usually a rigidly assent>led sign, permanently affixed or attached to the ground or a building and used as a camiercial sign not pertaining to the premises. <;:anoPY· A roof-like structure which is attached to a wall or walls of a building and may be provided with ground supports. Usually of a lighter material than a marquee. Conmercial Sign. A sign which conveys information predominantly related to the economic interests of its proprietor and its audience; or a sign whi ch proposes a camiercial transaction; or a sign which conveys information for the purpose of inducing or permitting i ts audience to enter i nto a carmercial transaction. Concealed Light Source. An artificial light intended to illllllinate the face of a sign, which light is shielded from public view and from adjoining properties. Department. 'nle Department of Camunity Developnent. Director. Director of the Department of Conmmity Developnent. Display Surface or Face. The area made available by the sign structure for the purpose of displaying a message. Distance of Sign Projection. The distance from the exterior wall surface of the building, or from the furthest point on a mansard roof, to the display face of a wall sign. Drive Thru Identification Si~n. A sign which identifies a driv thru facility and the &islness to whic it belongs. Election Sign. A sign providing information regarding elections, candidates, or Issues concerning such elections. Exterior wan Surface. The most exterior part of a wall, sun screen, or any screening or material covering a building. Ground Sign. A sign supported by poles, uprights or braces ext nded from the ground or an object on the ground; but not attached to any part of th building • • I • • • • • -18- Ideological si1n. A sign which has as its dominant theme or purpose the expression of a rel gious, political, social, philosophical or other ideological message. Ill1.111inated Sign . A sign lighted by or exposed to artificial lighting either by lights on the sign, within the sign, or directed toward the sign. Individual Letter Sign . Letters or figures individually fashioned from metal or other materials and attached to the wall of a building or other surface; but not including a sign painted on a wall or other surface . Joint Identification Sign. A sign which serves as a COl!lllOn or collective identification for two or more businesses or industrial uses on the same lot. SUch sign may contain a director to said uses as an integral part thereof, or may serve as general identification only for such developnents as shopping centers, industrial parks and the like. Major Architectural Detail. Distinguishable design features of the facade of the building such as windows, doors, balconies, col1.111ns, or patterns or designs formed at the time of construction by the building material. Mansard Roof. An architectural feat'ure which is a steep roof structure which is a portion of a roof structure or is attached to the wall of a building. Manaard Roof Sign. A sisn attached to the aide of a Mansard roof. Marquee. A rigid, roof-like atructure, uaually of glass, metal or wood construction, attached to a wall or walls of a building or structure and supported by the building or structure which may or may not have ground supports. Marquee Sign. A sign attached to, painted on, or erected against the face of the marquee. Noneonforaing Sign. Any sign lawful when erected but which, on the effective date of this Ordinance, does not conform to the limitations estab- lished by this Ordinance. Parapet Wall. That part of any wall which extends entirely above the roof line. Portable Si&n. Any sign which ia not peraan ntly affixed to a building, structure, or the ground, except signs painted on or magn~tically attached to any licensed vehicle. Projectin& Si&n. Asian other than a wall sian which projects from and is support d by a wall. I • • • • • • - -1 9- Roof Line. The highest point on any building where an exterior wall encloses usable floor area including roof area provided for housing mechanical equipment. Ro of Sign. Roof sign shall mean a sign erected upon or above the roof l ine or parapet of the building or structure. except that signs located on a mansard roof shall be considered a wall sign. Short Term Advertising Signs. Signs which advertiae the aale of pro- ducts or services on a short tera basis. Sign . Any object. device or part thereof. situated outdoors or indoors, which is used to advertiae. identify, display, direct or attract the atten- tion to an object, person. institution, organization, business, product, service, event or location, by any means iLcluding worda, letters . figures, design, syabols, fixtures, colors, motion, illumination or projected images. If for any reason, it cannot be readily determined whether or not an object is a sign or a particular category of sign, th• Departaent ahall aake such deteraination based on the criteria of the sign code. Sign With Backing. Any sign that ia displayed upon. againat, or through any material or color surface or backing that foraa an integral part of such display and differentiates the total display froa the background against which it ia placed. Sign Witho u t Backing . Any wo r d,1 ,letter. emblem, insigni a, figure o f ' similar character or group thereo f , that is neither backed by , i nco rpo ra t ed in or o the rwi se mad e pa rt of any l onger diaplay. Signa ble Are a. The s ignab le area s hall .. an that area of a building facad e up to the r oof line whic h ia free of window s and d oo r s or majo r archit ectural detai l a nd may be e nclo aed by an iaaginary rec tangle . If . because of t he design of the building, a ~ignable area c annot be identif ied, the Department and the applicant will determine a suitable area for signage. Special Event Sign. A sign which announces an event sponaored by a public, civic or charit.tble group. Suspended Sian. A aign auapended from the ceiling of an arcade or marquee. Third-Party Sip. A sign relating to producu or aervicea not on the •- lot. Wall Sign. A sign attached to. painted on, or erected againat a wall of a building. the diaplay aurfaca of which is pa rallel to the face of the building to which th aign ia a ttnched. A mansa rd roof aay be consid ered a wall if th top edge of a aign a~tach d to it extends no aore than twenty-four (24) inches froa the aanaard roof surface • • I • • - . . . • • • • • -20- Wind Sign. Any sign set in motion by wind or breeze, such as banners, flags, pennants or other objects or material. Flags of nations, states or municipalities shall not be classified as Wind Signs. Window Area. The area of all windows on the first floor of a building which faces or are visible froa one public right-of-ay. Window Sign. A sign which is applied or attached to, or located within twelve {12) inches of the interior surface of a window; which sign can be seen through the window froa the exterior of the structure • • I • • - . . • • • • • • Introduced, read in full, and passed on first reading on the 5th day of April, 1982. Published as a Bill for an Ordinance on the 7th day of April, 1982. Read in full as amended on the 21st day of June, 1982. Published in full as amended on the 23rd day of June, 1982. Read by title and passed on final reading on the 6th day of July, 1982. Published by title as Ordinance No. C:XCj , Series of 1982, on the 7th day of July, 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 fore- going is a true, accurate and complete copy of the Ordinar;;;.e~assed on final reading and published by title as Ordinance No. , Series of 1982. Gary R. Higbee • I • • In • ORDINANCE NO. SERIES OF 1982~~- • • • BY AU'IHORIT'i COUNCIL BILL NO. 34 • 1 INTRODUCED BY COUNCIL MEl'IBER FITZPATRI CK AN ORDINANCE AU'fflORIZIK. 'fflE ISSUANCE AND SALE OF INDUSTRIAL DEVELOPMENT REVENUE BOID,, SERIES (U.S. INDUSTRIES, INC. PRQJECT) IN fflE AG:iREXiATE PRINCIPAL AMOUNT OF $2,200,000 TO FINANCE A PRQJECT FOR U.S. INDUSTRIES, INC.; RATIFYIN:i CERTAIN ACTIOI HERETOFmE TAKEN; AU'IHORIZIN:i 'lllE EXECUTICl,I AND DELIVERY BY fflE CITY OF A FINANCIN:i AGREEMENT, AN I NDElfflJRE OF TRUST, SUCH BOID, AND CLOSIN:i oocu-tENTS IN COINECTIOI 'lllEREWI'lll; MAKIN:; DETERMINATIOIS AS TO 'lllE SUFFICI~ OF REVENUES AND AS TO amER MATI'ERS RELATED TO fflE PRQJECT; AND REPEALIN:i ACTIOI HERE'l'OFffiE TAKEN I N ~FLICT HEREWI'ffl. WBD&AS, the City of lngl.wood, Colocado (the •city•>, ia a legally and regularly created, established, organ i zed and exi sting po litica l a ubd iviaion under the Constitution and l aws of the State of Colorado and the Boa e Rule Charter of the City 1 a nd WBEIU:AS, the Colorado County and Mun ici pa lity Devel~t Revenue Bond Act, con at i tuting Sections 29-3-101 through 29-3-123 , incluaive, Co orado Re vi sed Statutes 1973, a • aaended (the ·Act •>, author zea ct to fi nance one or more projecta to proaote indust ry and develop trad or oth er economic activity by inducing profit or nonprofit corporations and manufacturing, i ndua t rial, C01111ercial or buaineaa enterpriaes to l ocate, expand o r r emain in the State of Colorado, to 11.itigate the s e rious threat of extenaive uneaployment in part• of tbe State of Colorado, to secure and maintain a balanced and stable econoay in all parts of the Sta te of Colorado or to further the use of its agricultu r al products or natural resources, and WH EREAS, such cities a r e furth e r au t horized by the Act to issue reven ue bonds for the purpo se of de fr ay ing the coat of fi na nc- ing any project including a l l i ncide ntal e xpen ses i ncurred in issuing -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 •Bonds•> 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 finance the Project; and WHEREAS, the Company will enter into a Financing Agreement dated as of June 1, 1982 (the •Financing Agreement•) with the City providing for payments sufficient to pay the principal of, premi1.111, if any, and interest on the Bonds and to meet other obligations as herein and therein provided; and WHEREAS, the City will enter into an Indenture of Trust dated as of June 1, 1982 (the •indenture•> with First Union National Bank, as trustee (the •Trustee•) pursuant to which the City will assign to the Trustee for the benefit of the holders of the Bonds all of its right, title and interest (with certain exceptions> in the Financing Agreement to secure payment of the Bonda; and -2- • I • • • • • WHEREAS, there have been presented to the City 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 l. 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 loaning the proceeds of the Bonds to the Company in accordance with the provisions of the Financing Agreement for the purposes described above. Section 3. To defray a portion of the cost of financing the Project including the costs incidental to the authorization, issuance and sale of the Bonds, there is hereby authorized and cre- ated an issue of industrial development revenue bonds designated •ci ty o f Englewood, Colorado, Industr i al Development Revenue Bonds, Se r i es 1 982 CU. s. Industries, Inc. Project)• in the aggregate prin- cipal am o unt of $2,200,000, i 88uable as fully registered bonds wi th- out coupons . The Bonds s hall be dated thei r date of i ssue, except as otherwise provided in the Indenture. Until the Conversion Date Caa he r ein defined), if any, the Bonda shall bear interest at the rate of 651 of the rate of interest per annum announced by First Union National Bank from time to time aa its prime rate (the •Prime Ra te •) payable qua r terly on the first day of each March, J un e, September an d December (•Inter est Payment Date •) commencing September 1, 1 982, plus 1.5 1 per annum interest for the first 90 days, payable on the date of delivery thereof. Any chang i n such Prime Rate shall be effective on the day ao announced. 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 Cthe •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. All interest shall be calculated on the basis of the number of days actually elapsed, baaed on a 360-day year with twelve thirty day months. In no event sball the interest on the Bonda ever exceed tbe rate of 401 per annum. The Bonds shall mature on June 1, 2002, sub j ect to reda1ption as provided in the Indenture, shall be payabl e as prov i ded in the Indenture, and aha.ll be in sub- s tant i a lly tbe fo ra a s s et fo rth i n the Indenture. The Bonda shall be sold to the Or igi na l Purchaser a t a pr i vate sale at a purchase price equal to 100\ of the principal •oun t of the Bonds. The maxi- mum net effective interest rate payable on the Bonda is 40\ per annum, which rate is hereby determined to be the aa x bu.a net effec- tive interest rate on the Bonda. Section ,. The following deterainationa and findings are hereby made in accordance with Sections 2 9-3-113, 29-3-11 4 and 29-3-120 of the Acts _,_ I • • • • • • (a) The maximum amount necessary in each year to pay the principal of and the interest on the Bonds is as follows: Annual Period Principal to Annual Debt to and Interest for be Retired in Service Including June 1 such Peri pd such Period Begnicement 1983 $799,333* $-0-$ 799,333 1984 880,000 -o-880,000 1985 880,000 -o-880,000 1986 880,000 -o-880,000 1987 880,000 -o-880,000 1988 880,000 -o-880,000 1989 880,000 -o-880,000 1990 880,000 -o-880,000 1991 880,000 -o-880 ,ooo 1992 880,000 -o-880,000 1993 880,000 -o-880,000 1994 880,000 -o-880,000 1995 880,000 -o-880,000 1996 880,000 -o-880,000 1997 880,000 -o-880,000 1998 880,000 440,000 1,320,000 1999 704,000 440,000 1,144,000 2000 528,000 440,000 968,000 2001 352,000 440,000 792,000 2002 176,000 440,000 616,000 *Interest for this period is calculated on the assumption that the Bonds are issued July 9, 19821 the interest payable in the period would be different if the Bonds were issued before or after s uch date . (b) No reserve fund ha s been established nor is proposed to be established for the retirement of the Bonds or the maintenance of the Project and accordingly it will not be necessary to pay amounts into any such reserve fund. (c) The ter•• under which the Pr oject is to be financed provide that the Compa n y shall a a int a in the -s- • I . • • • • • P r o j ect and carry all proper i nsurance with respe c t thereto. (d) The revenues payable under the Financ i ng Agreement are suff i cient to pay, in addition to all other requirements of the Financing Agreement and this ordinance, all sums referred to in paragraphs (a) and <c> of thi s Section. <e> The revenues payable under the Financing Agreement are sufficient to pay, in addition to all othe r requirements of the Financing Agreement and this ordinance, all taxes payable pursuant to Section 29-3-120 of the Act. Section S. The forms, terms and prov i s i ons of the Finan c ing Agreement and the Ind ent ur e, be a n d t he y hereby are approved and the City shall enter into the Financing Agreement and the Indenture in the foans of each of such documents presented to the City Council at this meeting, with only auch changes therein, if any, aa are not inconsistent herewith, and the Mayor is hereby authorized and directed to execute and deliver each s uch document and the City Clerk i s h ereby authorized and directed t o aff i x the Ci ty a eal to and t o attest each such document. Se cti on 6. The forms, term s a nd prov isions of the Bonds , in the forms conta ined i n the Ind e nt ure , be and t he y here by are approved, with only such c han g e s the rein , if an y, aa are not incon- sistent herewith, 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 Bonda and to attest the Bonds. Section 7. The Mayor is hereby authorized to execute and deliver to the Trustee the request and authorization of the City for the authentication and delivery of the Bonds by the Trustee, in accordance with Section 2.07 of the Indenture. -6- I • • • • • Section 8. First Union National Bank is hereby appointed as Trustee under the Indenture, thereby also serving as registrar and paying agent under the terms of the Indenture. Section 9. The officers of the City shall take all action in conformity with the Act necessary or reasonably required to effec- tuate the issuance of the Bonds and shall take all action necessary or 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- summating the transactions contemplated by this ordinance, the Financing Agreement and the Indenture, including without limitati on the execution and delivery of any documents necessary to elect to have Section 103(b ) (6 ) (D ) of the Internal Revenue Code of 1954, as amended, apply to the Bonda and of any closing documents to be de liv- ered in connection with the s ale and delivery of the Bonds. Section 10. The coat of financing a portion of the cost of the Pro j ect, including the c oete incidental to the author i zation, issuance and sale of the Bonda, will be paid out of the proceeds of the Bonda and none of the Bonda will be the general obligation of the City, nor shall any of the Bonds, including interest thereon, c onsti - t ute the debt or i ndebtedness of the City within the mean i ng of the Co ns ti tut i on or statutes of t he State of Colorado or the Home Rule Ch a rter of the Ci ty nor shall anything c ontained in this or di nanc e or in the Bonda , the Financ ing Agreeme nt, t he I ndent ure or any other instrument give rise to a pecuniary liability or a charge upon the gen ral credit or taxing powers of the City, nor shall the breach of any agreement contained in this ordinance, the Bonda, the Financing Agreement, th Indentur or any other instrument iapoae any pecuniary liability upon the City or a charge upon the general credit or taxing powers of the City, the City having no pow er to pay out of its gen- eral funds, or otherwi contribute any pa rt of the coat of financing the Project, nor power to operate the Project as a buaineaa or in any manner, nor shall the City condemn any land or other property for the Project nor contribute any land or other prop rty to the Proj ct. -7- • I • • ~- • • • • • Section ll. 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 a.~y of the remaining pro- visions of this ordinance. Section 13. All bylaws, orders and ordinances, or parts thereof, of the City, inconsistent herewith and with the .documents hereby approved, are hereby repealed to the extent only of such incoQ&istency. This repeal.er aball not be construed as reviving any bylaw, order or ordinance, or part thereof. Section 14. Thia ordinance, ialediately on ita final pas- sage and adoption, shall be nuabered and recorded in the official records of the City kept for that pirpoae, authenticated by the sig- natures of the Mayor and City Clerk, and published by reference in the Englewood Sentinel, a newspaper published and of general circula- tion in the City. Section 15. This ordinance shall be in full force and effect thirty days after publication following final passage. Introduced, read in full, and passed on first reading on th 7th day of June, 1982. 1982. Published as a Bill for an Ordinance on the 9th day of June, Read by title and passed on final reading on the 6th day of July, 1982. Published by title as Ordinance No. ______ , Series of 1982, on th 7th day of July, 1982 . Att at: Eugene L. Otis, M yor x officio City Cl -8- • I • • - ,. • • • • ,· • I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the foregoing is a true, accurate and complete copy of the Ordinance passed on final reading and published by title as Ordinance No. , Series of 1982. Gary R. Higbee -9- • I • • In n OODINANCE NO • .J 0 SERIES OF 1982~~- • • - BY Al1l'H0RITY COUNCIL BILL NO. 34 • 1 INTROOOCED BY COUNCIL MDIBER FITZPATRICK AN CJIDINANCE Al1l'H0RIZit«:; 'lllE ISSUANCE AND SALE OF INDUS'llUAL DEVELOPMENT REVENUE BCNOO, SERIES (U.S. INDUSTRIES, INC. PROJECT) IN 'lllE .&a;REXiATE PRINCIPAL AMOUNT OF $2,200,000 TO FINANCE A PROJECT FCR U.S. INOOSTRIES, INC.; RATIFY!?«; CERTAIN ACTIO,, HERE'l'OFOOE TAKEN; Al1l'H0RIZit«:; 'lllE EXECUTIO,, AND DELIVERY BY 'lllE CITY OF A FINANCit«:; AGREfll!ENT, AN INDENI'IJRE OF TRUST, SUCH BCNOO AND CLOS!?«; OOClJ4ENTS IN CDINECTIO,, ~'Ill; MAKI?«; DETERMINATIO,,S AS TO 'lllE SUFFICIDCi OF REVENUES AND AS TO cmiER MATTERS RELATED TO 'lllE PROJECT; AND REPEAL!?«; ACTIOO HERETOFaU: TAKEN IN CO,,FLICT HEREWI'lll. WIID&AS, tbe City of lncJlwood, Colorado (the •city•), ia a legally and regularly created, established, organized and existing political subdivision under the Constitution and laws of the State of Colorado and the Bome Rule Charter of the City1 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 business enterprises to locate, expand or remain in the State of Colorado, to mitigate the serious threat of extensive unemployment in parts of the State of Colorado, to secure and maintain a balanced and stable econoay in all parts of the State of Colorado or to further the use of its agricultural products or natural resources, and WHEREAS, such cities are further authorized by the Act to iaaue revenue bonds for the purpose of defraying the coat of financ- ing any project including all incidental expenaes incurred in issuing -1- I • • • • • - such bonds, and to secure payment of such bonds as provided in the Act; and WHEREAS, u. s. Industries, Inc., a Delaware corporati on (the •company•>, bas 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 •Bonds•) 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 includi ng 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 finance the Project; and WHEREAS, the Company will enter into a Financing Agreement dated as of June 1, 1982 (the •Financing Agreement•) with the City provi d i ng for payments s uffi c ient to pay the pri ncipal of, prem i um, if any, an d int er e st on the Bond s and to meet othe r obligations as herein and therein provided1 and WHEREAS, the City will enter into an Indenture of Trust dated as of June 1, 1 982 (the ·Indenture •) with First Union National Bank, as trustee <the ·Trustee •) pu r sua nt to which the City will assign to the Tr us tee f or the benefit of the holders of the Bon da all of its right , title a nd interest <with certain e xceptions> in the Financin g Ag r eeme nt to secure pa yment of the Bonda; and -2- I • • r • • • WHEREAS, there have been presented to the City 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 l. 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 i s 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 loaning the proceeds of the Bonds to the Company in accordance with the provisions of the Fi nancing Agreement for the purposes described above. Section 3. To defray a portion of the cost of financing the Project including the costs incidental to the authorization, issuance and sale of the Bonds, there is hereby authorized and cre- ated an issue of industrial development revenue bonds designated •city of Englewood, Colorado, Industrial Developaent Revenue Bonds, Series 1982 CU. s. Industries, Inc. Project )• in the aggregate prin- cipal amount of $2,200,000, iaauable as fully reg istered bonds wi th- ou t cou pons. The Bonda s ha ll be dated their date of issue, e xcept as otherwise provided in the Indenture . Until the Conversion Date <as herein defined), if any, the Bonda shall bear interest at the rate of 651 of the rate of interest per annum announced by First Union National Bank fr<llll time to time u its prime rate <the •Prime Rate •) payable quarterly on th first day of each March, June , September and December c•tnterest Payment Date•> commencing September 1 , 19 82, plus 1.51 per annua interest for the first 90 days, payabl on the date of delivery thereof. Any chang in such Prim Rate shall be effective on the day so announced. Th -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. Tbe 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 payaent in full at the rate which, during tbe period when the interest rate on the Bonda is not the Fixed Rate, is one percen- tage point above the Prime Rate, and during the period when the interest rate on tbe Bonda is tbe Fixed Rate, is one percentage point above the Fhed Rate. All interest •ball be calculated on the basis of the nuaber of days actually elapsed, baaed on a 360~y year with twelve thirty day months. In no event shall the interest on the Bonda ever exceed the rate of 401 per annua. The Bonda shall mature on June 1, 2002, subject to red•ption u provided in the Indenture, shall be payable as provided in the Indenture, and shall be in sub- stantially the fora as set forth in the Indenture. The Bonda shall be sold to the Original Purchaser at a private sale at a purchase price equal to 1001 of the principal aount of the Bonda. The llllxi- mum net effective interest rate payable on the Bonds is 401 per annum, which rate is hereby determined to be the aaxiaia net effec- tive interest rate on the Bonda. Section,. The following determinations and findings are hereby made in accordance with Sections 29-3-113, 29-3-114 and 29-3-120 of the Act, • I • • -• • • Ca) The maximum amount necessary in each year to pay the principal of and the interest on the Bonds is as follows: Annual Period Principal to Annual Debt to and Interest for be Retired in Service rncJudjng June 1 such Period such Period Requirement 1983 $799 ,333* $-0-$ 799,333 1984 880,000 -o-880,000 1985 880,000 -o-880,000 1986 880,000 -o-880,000 1987 880,000 -o-880,000 1988 880,000 -o-880,000 1989 880 ,ooo -o-880,000 1990 880,000 -o-880,000 1991 880,000 -o-880,000 1992 880,000 -o-880,000 1993 880,000 -o-880,000 1994 880,000 -o-880,000 1995 880,000 -o-880,000 1996 880,000 -o-880,000 1997 880,000 -o-880,000 1998 880,000 440,000 1,320,000 1999 704,000 440,000 1,144,000 2000 528,000 440,000 968,000 2001 352,000 440,000 792 ,ooo 2002 176,000 440,000 616,000 *Interest for this period is calculated on the assumption that the Bonda are issued July 9, 1982; the interest payable in the period would be different if the Bonda were issued before or after such date. Cb) No reserve fund baa been established nor is proposed to be established for the retirement of the Bonda or the maintenance of the Project and accordingly it will not be necessary to pay amounts into any such reserve fund. Cc) The ter•• under which the Project is to be financed provide that the Coapany shall aaintain the -5- • I • • • • - Project and carry all proper insurance with respect thereto. (d) The revenues payable under the Financing Agreement are sufficient to pay, in addition to all other requirements of the Financing Agreement and this ordinance, all sums referred to in paragraphs (a) and <c> of this Section. <e) The revenues payable under the Financing Agreement are sufficient to pay, in addition 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 provisions of the Financing Agreement and the Indenture, be and they hereby are approved and the City shall enter into the Financing Agreement and the Indenture in the focns of each of such documents presented to the City Council at this meeting, with only such changes therein, if any, as are not inconsistent herewith1 and the Mayor is hereby authorized and directed to execute and deliver each such docuaent and the City Cl e rk i s h ereby authorized and directed to aff ix the Ci ty seal to and to attest each such document. Sect i on 6. The forms, term s and pr o v isions of the Bonda, i n the forms con t ai ned i n the I ndenture, be and the y here by a re approved , with only s uc h c hange s t herein , if an y, aa ar e not incon- sistent herewith1 and the Mayor is hereby authorized and directed to execute the Bonda and the City Clerk is hereby authorized and directed to affix the seal of the City to the Bonda and to attest the Bonda. Section 7. The Mayor is hereby authorized to execute and deliver to the Trustee the request and a uthorization of the City for the authentication and delivery of the Bonda by the Trustee, in accordance with Section 2.07 of the Indenture. -6- • I • • • • Section 8. First Union National Bank is hereby appointed as Trustee under the Indenture, thereby also serving as regi strar and paying agent under the terms of the Indenture. Section 9. The officers of the City shall take all action in conformity with the Act necessary or reasonably required to effec- tuate the issuance of the Bonds and shall take all action necessary or 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- summating the transactions contemplated by this ordinance, the Financing Agreement and the Indenture, including without limitation the execution and delivery of any documents necessary to elect to have Section lOJ(b) (6 ) (D) of the Internal Revenue Code of 1954, as amended, apply to the Bonda and of any closing documents to be de l i v- ered in connection with the sale and del i very of the Bonda. Secti on 10. The cost of f i nancing a porti on of the cost of the Pro j ect, including the coats incidental to the author i zat i on, issuance and sale of the Bonda, will be paid out of the proceeds of the Bonds and none of the Bonda will be the general obligation of the City, nor s hall any of the Bonda, including interest thereon, consti- tute the debt or i ndebtednes s of the City within the mean i ng of the Con s t i tut ion or s tat ut e s of the State of Colorado or the Home Rule Ch ar te r o f the Ci t y nor s hAl l anythi ng contained i n this ordi nanc e or in the Bo n ds , the Financing Agreement, the I ndentu re o r any o t h er instrument give rise to a pecuniary lia bility or a charge upon the general credit or taxing powers of th City, nor shall th breach of any agr ement contained in this ordinance, the Bonda, the Financing Agreement, the lndentur or any other instrument impose any pecuniary liability upon the City or a charg upon the general credit or taxing powers of the City, the City having no pow er to pay out of its gen- eral funds, or otherwiae contribut any part of the coat of financing the Project, nor power to operate the Pr oject aa a bu.sine .. or in any manner, nor shall the City condean any l and or other p r operty for th Project nor contribute ny l nd or other property to the Project. _,_ • 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 sball not affect any of the remaining pro- visions of this ordinance. Section 13. All bylaws, orders and ordinances, or parts thereof, of the City, inconsistent herewith and with the .docUJDents hereby approved, are hereby repealed to tbe extent only of such inconsistency. This repealer &ball not be construed aa reviving any bylaw, order or ordinance, or part thereof. Section 1,. This ordinance, uaediately on its final pas- sage and adoption, shall be numbered and recorded in the official records of the City kept for tbat pirpoae, authenticated by the sig- natures of the Mayor and City Clerk, and published by reference in the Englewood Sentinel, a newspaper published and of general circula- tion in the City. Section 15. Tbia ordinance aball be in full force and effect thirty day• after publication following final paaaage. Introduced , read in full, and passed on first reading on th 7th day of June, 1982. Published as a Bill for an Ordinance on the 9th day of June, 1982. Read by title and passed on final re ding on th 6th day of July, 1982. 4 Published by title as Ordinance No.~ , Series of 1982, on the 7th day of July, 1982. ~~~ Eug ne L. Otis, M yor Att at: ex officio City Clerk-Tr -a- • I • • - • City of a true, reading 1982. • • • I, Gary R. Higbee, ex officio City Clerk-Treasurer of the Englewood, Colorado, hereby certify that the foregoing is accurate and complete copy of the Ordin:le passed on final and published by title as Ordinance No. {) , Series of Gary R. Higbee -9- • I • • - • RESOLUTION NO.~ SERIES OF 1982 • • • A RESOLUTION ESTABLISHING FEES FOR THE USE OF THE ENGLEl',QOD ANIMAL SHELTER. WHEREAS, the City of Englewood possesses an animal shelter facility for the control, maintenance and disposal of wayward animals; and WHEREAS, said animal shelter facility is suitable for use in intergovernmental cooperation to allow other governmental units to utilize the services provided by the facility; and WHEREAS, the City of Englewood has and will contract with other governmental units for the use of the animal shelter facility to provide animal control services to governmental units; and WHEREAS, it is necessary to set fees for the basic service provided by the animal shelter facility in order financially to maintain the services provided by the animal shelter facility, ~, 'lliER£FORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGL&.QOD, COLORADO: Section 1. That the Englewood animal shelter shall establish and cha rge the following fees for the following services provided: The fee for keeping and boarding of animals is $3 per day per animal; the fee for euthanasia and disposal of animals by cremation is $21 per animal; cremation only of animals is $5 per animal. Section 2 . Fees for the other governmental units' use of the services of Englewood animal wardens, as provided by contract, shall be based upon all costs to Englewood or providing the animal warden services as requested. Other fees which exist at the Animal Shelter and which are established by oth r ordinance shall not be affected by this resolution. Fees for additional various incidental costs at the shelter may be charged and shall be based upon the approximate cost to the City of Englewood of providing the service. ADOPTED AHO APPROVED this 6th day of July, 1982. Eugene L. Ot is , Mayor Att st: ex o(ficio City Cle rk-Treaaurer I • • - • • • • I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above is a true, accurate and complete copy of Resolution No.~~-' Series of 1982. Gary R. Higbee I • • - RESOLUTION NO. '5 ~ SERIES OF 1982 • • • A RESOLUTION ESTABLISHING FEES FOR THE USE OF THE ENGLEl-,QOD ANIMAL SHELTER. WHEREAS, the City of Englewood possesses an animal shelter facility for the control, maintenance and disposal of wayward animals; and WHEREAS, said animal shelter facility is suitable for use in intergovernmental cooperation to allow other governmental units to utilize the services provided by the facility; and WHEREAS, the City of Englewood has and wil l contract with other governmental units for the use of the animal shelter facility to provide animal control services to governmental units; and WHEREAS, it is necessary to set fees for the basic service provided by the animal shelter facility in order financially to maintain the services provided by the animal shelter facility, NCJ,,1 1 'lllEREFORE, BE IT RESOLVED BY 'lllE CIT'i CXlUNCIL OF 'lllE CITY OF ENGLEWCX>D, COLORADO: Section 1. That the Englewood animal sr,elter shall establish and charge the following fees for the following services provided: The fee for keeping and boarding of animals is $3 per day per animal; the fee for euthanasia and disposal of animals by cremation is $21 per animal; cremation only of ani111c1ls is $5 per animal. Section 2. Fees for the other governmental units' use of the services of Englewood animal wardens, as provided by contract, shall be based upon all costs to Englewood or providing the animal warden services as requested. Other fees which exist at the Animal Shelter and which are established by other ordinance shall not be affected by this resolution. Fees for additional various incidental costs at the shelter may be charged and shall be based upon the approximate cosr: to the City of Engle....ood of providing the service . '-OOPTEO ANO APPROVED this 6th day of July, 1982. Eugene L. Otis, Mayor Att t: • I • • - • • • • I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby cert:~that the above is a true, accurate and complete copy of Resolution No. , Series of 1982. Gary R. Higbee • I • • -• • - C O U N C I L C O M M U N I C A T I O N DATE June 30, 1982 AGENDA ITEM )'a,_ SUBJECT PAVING DISTRICT #28/0VERLAY PROGRAM 1982 ACTION PROPOS ED Award of Construction Contract for Paving District #28/0verlay Program 1982 BACKGROUND: On May 17, 1982, City Council approved on final reading Ordinance No. 22, Series 1982, creat i ng Paving District No . 28. Ov erlay Program 1982 is part of the City's annual maintenance program for streets that have previously been constructed to City Sta ndards, and are now in need of an asphaltic concrete ov erlay to impro ve structural qualities and ridab1lity, and extend the street's projected service life. Paving District No. 28 and Overlay Program 1982 have been i ncorporated into one con- struction contract due to the fact that many streets in Englewood are scheduled for impro vements under both programs this year (i.e., concrete repairs under Paving Dis- trict No. 28 and re-surfacing under Overlay Program 1982). Benefit is also der iv ed from lower bid prices on a combined project of larger scope. FINANCIAL: The costs of Paving District No. 28 improvements are borne by both the adjacent property owners, through special assessments levied for work done adjacent to heir properties, and the City, through budgeted monies in the PIF for street and alley intersection work, incidental storm sewer construction, fence relocations, tree removals, engineering and inspection services, etc. The costs for re-surfacing under Overlay Program 1982 are borne by the City through monies budgeted in the PIF {includes Arapahoe County Road & Bridge Fund monies). Additionally, this year, City Council has provided funding for the overlay of four blocks in the Centennial Acres area under Paving District No. 28, City share. Esti ted Expenditur s : Construction (pr bid) ~ District o. 213 ~· Contlng ncy - Engin ering & Surv ying Hfsc. Assess nt Costs $342,286.20 27,114.30 35,000.00 21,700.00 • Funding: Assess nts City of Engl $293,386 .13 ood 194 1604.37 I • • - • • • • • Legal/Fiscal Fees Bond Interest 2% Assessment Amt. -2- $14,000.00 43,200.00 4,690.00 $487,990.50 Overlay Program 1982 (per bid) $170 1 471.40 $487,990.50 City of Englewood $170 1 471 .40 Funding for the City's portion of Paving District No. 28 is presently available in the PIF -$225,000.00. Bonds are being sold for the assessable portion of the project. Funding for Overlay Program 1982 is also available in the PIF. A total of $349,000.00, which also includes Sealcoat Program 1982, to be awarded at a later date, remains available. RECOMMENDATION: Five bids were received for the construction of Paving District No. 28/0verlay Program 1982 as follows: Peter Kiewit Sons' Co. Brannan Sand & Gravel Bituminous Roadways of Colo. Western Paving Asphalt Paving Co. The Engineer's estimate was $512,757.60 519,753.85 536,244.30 537,087.60 594,865.50 708,866.90 The engineer's estimate was revised downward prior to the bid opening to reflect the most recent bid information available . Again, however, most likely due to a downward trend in the overall metropolitan economy, contractor's bids were across-the-board considerably lower. It would appear that construction of this nature is a bargain i n 1982. We recommend that the construc t i on of Pav i ng Distri ct No. 28/0verlay Program 1982 be awarded to the low bi dde r , Pe t er Ki ew it Sons ' Company i n the amount of $512,757.60. Peter Ki ew it So ns' Co. is a l arge, we ll-es t ab lished f irm wi th which we have had exc e l len t e xper i en ce on nume rous occasio ns ove r the past man y years • RK/lo • 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 June 21, 1982 ~b Out-of-State Travel Approval. INITIATED BY Department of Comnunity Development ACT I ON PROPOSED Request approval for out-of-state travel for the Housing Administra- tor to attend the Rousing Management Certification training in Oklahoaa City. INTRODUCTION: The National Center for Housing Management (NCHM) is offering a training program for the Housing Management Certification the week of August 22, 1982, in Oklahoma City. This Certification is required by HUD for Housing Managers of over 75 units of Low- rent Public Housing. The new Orchard Place Apartments and the duplexes that will soon be completed are the Englewood Housing Authority 's first project• under this program. This training is designed to help the participant to assess and strengthen her problem solving, decision-making and leadership abilities as they relate to houaing management . The certification process includes an analysis of the housing project and developing a plan to address key problems using NCHM's Management Review System. The participant is given up to three months to complete this assignment. Over the past year, the Housing Adllliniatrator has igned up for several of these trainings to be held in th Denver ar a, all of which have been cancelled. The sponsor of this training does not snticipat a sufficient turnout for a Denver training session in then ar future. The cost will be approxiaat ly $600 and will b paid out of Houaing Authority funds. RECOMMENDATION: It ia recomnended that the City Council approve thia out-of-state travel request. • I • • - 0 • • • MEMORANDUM TO: FROM: Mayor and Members of City Council Andy Mccown, City Manager DATE: July 1, 1982 SUBJECT: SPECIAL MEETING, MONDAY -JULY 12, 1982 It will be necessary to have a Special Meeting, July 12, for the purpose of approval of the sale of bonds for Paving District No. 28. We will not have to have a Special Meeting on this date in regard to the Agreement to Negotiate as the timetable has been delayed somewhat on this matter. The Special Meeting will need to be called by you at your regular meeting on July 6. iri?//0w-'- ~McCOWN City Manager pc cc: Rick DeWitt, City Attorney Peter H. Vargas, Assistant City Manager Alicia Avila -Lucero, Administrative Intern • I • • n