University Park

Draft #8 of DU's Memo of Understanding

Memorandum of Understanding

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Memorandum of Understanding
between the University of Denver and its Neighbors

Concept

The University of Denver (the University) is committed to enhancing its relationship with neighbors living on the periphery of its University Park Campus (Campus). This Memorandum of Understanding (MOU) was initiated to address concerns and adopt a collaborative planning process with respect to the University's growth and its effect on the neighbors who live, work or own property from High Street to Franklin Street and north of Evans Avenue to Buchtel Boulevard as well as neighbors who live, work or own property in the near-off campus areas to the south of the campus and east of University Boulevard. For the purposes of this MOU, Neighbors include the neighborhood organizations formally registered with the City that represent neighbors living within 200 feet of the areas designated for the rezoning (as described below), as well as neighbors living within the boundaries defined above.

Becoming a better neighbor and improving this relationship will require improved communication, collaboration and cooperation with neighborhood groups and individual neighbors. In this spirit, the University and the Neighbors establish this MOU to create a process for addressing neighbor concerns regarding University growth and planning. In connection with establishing this process and collaborative relationship, the University requests that Neighbors not oppose the University's rezoning request for the Merle Catherine Chambers Center for the Advancement of Women (Chambers Center), that the University intends to build at the northeast corner of South High Street and East Asbury Avenue.

The principles set forth below outline the University's and the Neighbors' intentions.

Principles

The University will continue to pursue short-term solutions to mitigate parking and traffic problems associated with recent growth on the north side of the Campus. In addition, the University and the its Neighbors will work together to develop a long-term process and during that process develop a land use plan for University property and a plan that will mitigate the negative effects of future University growth on the surrounding neighborhoods. This MOU is undertaken with a good faith understanding that both the University and the Neighbors will listen to each other's needs and concerns and work together to create solutions.

If DU and registered neighborhood organizations, and representatives from informal neighborhood organizations, can reach agreement on such a process through this MOU, the registered and informal neighborhood organizations will not oppose the University's efforts to rezone that portion of the campus that will house the Chambers Center.


Current Land Use and Planning Status

The University and its neighbors have concerns about changes that may have arisen or may arise as a result of changing University programs on the habitability, safety and character in the near-off campus neighborhoods. Impacts may have arisen from completed projects (Ritchie Center for Sports and Wellness, Fisher Early Learning Center, Stapleton Tennis Pavilion and new parking structures) and their utilization, construction now proceeding (National Cable Television Center and Museum), landscaping and infrastructure improvements, and may arise from proposed construction (College of Law and Chambers Center).

The Neighbors are further concerned that they have experienced negative impacts that include traffic and parking problems, noise, nuisances, criminal conduct, and trash, and other impacts that are well-documented in other sources and will not be described in detail here. Long-term residents are leaving the neighborhood, formerly owner-occupied homes are converting to rental units, with concomitant property maintenance, nuisance and parking issues, and the University wishes to rezone R-1 residential property for institutional use. The Neighbors believe that these problems will be exacerbated by additional new University facilities and wish to collaborate with the University to resolve existing adverse impacts and avoid additional impacts from future University growth and activities.

Facilities planned and publicly announced by the University as of the date of this Agreement include:

- Merle Catherine Chambers Center for the Advancement of Women (High Street and Asbury Avenue)
- College of Law (north side of Evans)
- Imminent opening of the National Cable Television Center and Museum (Buchtel, east of High Street)
- Robert and Judi Newman Center for the Performing Arts (University and Iliff)
- Residence Hall (High Street, south of Evans)


SHORT- AND LONG-TERM SOLUTIONS

Below are short-term and long-term solutions that the University and the Neighbors agree to jointly pursue.

Short-Term Solutions

Parking and Traffic

1. The University has begun directing traffic away from the neighborhood on special event nights at the Ritchie Center. Signs asking event guests to be respectful of neighbors and temporary way-finding signs have helped, and the University will continue to use them.

2. The University will create permanent way-finding signs to direct event guests to parking lots. The University will work with the City and County of Denver to ensure that these signs are placed in strategic places on city streets.

3. The University will continue to insert parking information in letters to season ticket-holders directing them to parking lots away from the neighborhood. In addition, the University will continue to provide special event guests with information directing them to parking lots away from residential streets.

4. The University will work with the neighborhood and the City and County of Denver to determine the appropriate parking citation fine in areas with restricted parking to further deter event guests and students from parking illegally on neighborhood streets and alleys. In addition, the University will work with the City and County of Denver, Denver Police and Denver Parking Enforcement to ensure that illegally parked cars are fined and towed away to a short-tow area not on the University campus in a timely manner.

5. The University will work with the neighborhood and the City and County of Denver to improve Neighbors' access to adequate resident parking passes and visitor's parking passes.

6. The University will continue informing City Parking Enforcement in advance of multiple events in and around the Ritchie Center that are expected to draw more than 3,000 event guests, or at such a level of attendance that the University and its neighbors agree may require mitigation.

7. The University will continue to hire Denver police officers to direct traffic on evenings of multiple events in and around the Ritchie Center drawing more than 3,000 guests, or at such a level of attendance that the University and its neighbors agree may require mitigation, to ensure that parking is directed away from residential areas.

8. The University will continue to develop parking for its events and facilities so that its guests will have a viable alternative to residential street parking.

9. In consideration of the inconvenience imposed on the Neighbors by the restricted on-street parking, the University will continue to provide tickets to athletic events as outlined in the letter dated October 25, 2000, from Associate Athletics Director Allan Wilson, which is attached hereto (Attachment A).

10. The University will study and design solutions for the impact of its residence hall residents' parking on residential streets

Events

1. The University will develop methods of communication to alert neighbors about multiple events occurring in or around the Ritchie Center that are anticipated to draw more than 3,000 event guests, or such a level of attendance that the University and the Neighbors agree may require mitigation.

2. The University will continue to place trashcans on the periphery of the Ritchie Center before special events and empty them after the events, including the Buchtel parking structure.

3. Following events with more than 3,000 guests, or such a level of attendance that the University and the Neighbors agree may require mitigation, the University will mobilize a trash patrol pickup through the neighborhood west of the Ritchie Center.

4. On evenings of certain, specifically identified special events, the University will establish a DU safety patrol to patrol the neighborhood before and after such events.

Long-Term Solutions

1. The University and the neighborhood will develop a process for discussing short- and long-term growth issues on the University Park campus. As part of this process, the University and Neighbors agree to exchange information, study existing and potential impacts of growth and activity decisions, explore alternatives and solutions, and establish objectives and goals. It is anticipated that this process will include:

a. A standing advisory committee and communications network that will allow for at least monthly meetings, unless the committee chooses a less frequent schedule, and which would accommodate the need for more frequent meetings in order to address urgent topics.

b. Membership on the advisory committee that would include the opportunity for participation by resident neighbors on the west, south and east sides of the Campus, and possibly non-resident landowners and business interests in the area of the Campus, as well as University officials.

c. Participation on the committee will be determined in consultation with registered neighborhood associations.

d. City participation is anticipated to be handled through existing procedures and channels, as those may evolve in the future. However, if the advisory committee believes that City participation is necessary or helpful, such participation will be sought.

e. The goal of this process is to be reasonably inclusive of all interests, to be flexible and open in welcoming participation by interested parties in appropriate ways, and also to create a means for prompt, efficient review and collaboration so that University and Neighbor needs are addressed promptly and efficiently. It is also the goal of the University to include this collaborative communication and review routinely in the earliest planning stages of proposed projects.

2. The University commits to developing a comprehensive land use plan with the good faith understanding that reasonable progress will be made on the long-range plan as the development of such time sensitive projects as the College of Law and the Chambers Center occurs simultaneously. The process outlined in paragraph 1 above will be included in the development of this plan. It is anticipated that the plan's initial draft will be completed by September 2001 and will address at least the following topics:

a. A development review process pursuant to paragraph 1 above for major facilities. "Major facilities" will be defined in a way that addresses the intensity of use, the employee and student population of the building, the amount of traffic expected to be generated and other potential impacts on surrounding areas such as noise, pollution, pedestrian traffic and other impacts. During the development of the land use plan, the University agrees to suspend the siting of any new capital projects beyond the Chambers Center and the College of Law.

b. Buffering, open space, and transitional zones between single-family residential areas and University land uses and other potential incompatible land use situations.

c. A plan for traffic and parking mitigation that provides for increased mitigation measures at identified levels of growth, such as increased traffic on surrounding streets, new enrollment, new programs, and new construction.

3. The goal of Nos. 1 and 2 is to develop a collaborative working partnership between the University and the Neighbors The collaborative process will be part of all of the University's major land use and activity planning in order to address impacts of the University's plans on its neighbors, including matters of habitability, safety and residential neighborhood character. Although not required if not reasonably attainable, the goal of this partnership shall be to reach a sufficient comfort level before moving forward with final design, City approvals, construction, and implementation of new activities that potentially will have significant negative impacts.

4. The neighborhood will develop principles that the University must consider as it develops parking, traffic and building plans related to growth and their effect on the near-off campus neighborhood.

5. The University agrees to negotiate with Neighbors on appropriate waivers and conditions related to the R-3 rezoning required for the site of the Chambers Center prior to and during the rezoning application process.

6. Development of these principles may be in the context of a master planning effort for the campus, to be coordinated with the comprehensive planning effort of the City and County of Denver.

7. The University will hire an outside transportation specialist to work with the University, the neighbors and the City and County of Denver, to develop a transportation, traffic management and parking plan that addresses all three constituent needs.

8. In addition to working collaboratively on land-use planning, the University is committed to providing access to its cultural events and numerous other intellectual resources to the neighborhood.

9. The University agrees to develop and implement initiatives intended to minimize student misbehavior in the near-off campus neighborhood. Such initiatives may include additions to the student code of conduct and enhancing awareness of citizenship standards.

10. The University and the neighborhood will work in concert with the Denver Police Department to develop methods of identifying and reducing student misconduct that occurs in the near off-campus neighborhood.

11. If shuttle buses are needed between the Chambers Center and outlying lots, the University will utilize buses that hold no more than approximately 30 people.

12. The University will maintain a neighborhood liaison to address neighborhood issues and be a catalyst for addressing methods of mitigating University-related impacts on the neighborhood.

13. Neighbors interested in attending courses at The Women's College may meet with The Women's College admissions office for a specialized review of all admissions requests.



Process for Communication

The frequency and type of communication by the University to the neighbors will be determined as appropriate to the situation. The following principles, however, shall be observed:

1. The University commits to communicate with the neighborhood throughout its planning process, in which the Neighbors may provide input in the decision-making process as early as possible in a project's early development stage. The Neighbors wish to have input in this decision-making at the earliest possible stage. The Neighbors understand that their input may require time and effort on their part and that they must invest this effort in a reasonably diligent manner in order to avoid undue delay in the University's planning process. The University acknowledges that its efforts in early communication will afford the Neighbors adequate time to understand and respond to the University's initiatives and that the University's early planning and public communications efforts will play a large part in avoiding delay while seeking input from the Neighbors.

2. The University and Neighbors agree that an exact communication process cannot be prescribed for all situations, but must be designed to be effective. Means of communication between the University and the Neighbors may include:

a. First class mail,
b. Door-to-door distribution of materials,
c. Inserts in realtor mailings,
d. Leaflets at retail locations such as Safeway,
e. Monthly press releases to be provided to the Washington Park Profile,
f. Distribution of University news publications, such as The Source, to neighborhood addresses,
g. Interactive web pages that link to documents, plans and notices, and allow e-mail input to such materials, as well as providing other contact information. This type of medium could also post stakeholder input as it is received, for review by other interested parties.
h. Good Neighbor meetings on campus,
i. Meetings in homes and other buildings located on residential streets, at various days and times, in order to permit attendance by neighbors who may not be able to attend weeknight meetings.
j. Church, school, neighborhood association, and other organizations' newsletters.

3. In order to address the interest of all interested parties, thereby avoiding unforeseen disputes that may delay the University's plans, it is important that these communications be calculated to reach all relevant interested parties in the University campus areas. The west, east and south sides of the campus should be considered. The list of interested parties who may be included in this collaborative process may include:

a. Residential owner-occupants,
b. Residential tenants,
c. Non-resident owners (landlords),
d. Commercial/retail businesses (University & Evans, Evans west of campus),
e. University faculty, students and staff,
f. University affiliates
g. City and County of Denver,
h. Churches and another nonresidential, noncommercial concerns,
k. Regional Transportation District,
l. Colorado Department of Transportation,


4. Negotiating in good faith, the University and the Neighbors will use their best efforts to:

a. Designate representatives who will represent the University or the Neighbors, as appropriate, at work sessions, negotiations, and other forums where such representation will be more effective than larger meetings.

b. Achieve negotiated comfort on significant issues.

5. On issues of significant importance in which comfort cannot be reached, either DU or the neighborhood may seek mediation services in an attempt to resolve such disputes. If one party in this contract requests mediation then the other side must participate. Such mediation services may include services provided by the City and County of Denver or any other mediation service of the University's or Neighbors' choice.



I have read and agree to each of the obligations of this Memorandum of Understanding, and willingly enter into it:



____________________ ____
Dan Ritchie
Chancellor Date


____________________ ____
Craig Woody
Vice Chancellor for Business and Financial Affairs Date


____________________ ____
Carol Farnsworth
Vice Chancellor for Marketing and Communications Date


____________________ ____
John Coombe
Vice Chancellor for Intellectual Property and Events Date


____________________ ____
Jeff Bemelen
Director of Facilities Date


____________________ ____
Neil Krauss
Asst. Vice Chancellor for Business and Financial Affairs Date


____________________ ____
Jim Zavist
West University Community Association President Date


____________________ ____
Royce Forsyth
University Park Neighborhood Association Date


____________________ ____
Vicky Bunson
Representing informal West DU Neighbors group Date