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HomeMy WebLinkAbout2007-02-20 (Regular) Meeting Agenda Packet1. 2 . 3. 4 . 5. AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL Tuesday, February 20, 2007 7:30 p.m. Englewood Civic Center -Council Chambers 1 000 Englewood Parkway Englewood, CO 80110 Call to order. r;.•~ ~ Invocation. ~ 1-a) Cynthia Searfoss -Code Enforcement b) Diana Ginghe c) Keith Hoos d) Jared Grelu e) Mike Kapler ~ f) Becky Rasby I Ill g) Scott Bagwin DlL,v.;,f~,J h) Greg Kinholt t- i) Renate Rivelli Pledge of Allegiance. ~ j) Jackie Cameron k) Janet I) Jennifer Enger m) Sally Norton n) Diane Lewis RollCall. dV 7 ~ Consideration of Minutes of Previous Session . flnt;j ~ a . ~?-o Minutes from the Regular City Council m~eting of February 5, 2007.~ ~ ~.bw~iP~.AJJ-bv~ 11V B.« ~ ~~4i'5/o'l-/JiU./ud1o ~ /IL Mv A-JSr!;°A)rt~IJ •. 6. Recognition of Scheduled Public Comment. (Please limit your presentation to ten minutes .) a. b. Jennifer McKee will be present to address City Council regarding Duncan Park . John Holster w~to address City Council regarding Headed West. --1</kS JJ ffr /1(,f.-Sf. /Jr 7. Re cognition of Unscheduled Public Comment. (Please limit your presentation to five minute . Time for unscheduled public comment may be limited to 45 minutes and if limited shall b con tinued to General Discussion.) 8. Communications, Proclamations, and Appointments. R:;11-o· 9. Consent Agenda Items . A Resolution reappointing Linda Olson to the Keep Englewood Beautiful Commission ~ a. Approv I of Ordinances on First Reading. ~ Englewood City Council Agenda February 20, 2007 Page 2 i. Council Bill No. 6, approving an Intergovernmental Agreement with the South Broadway Englewood Business Improvem ent District relating to the collection of special assessments. ii. Council Bill No. 7, approving the issuance of Private Activity Bonds on behalf of Jefferson Hills, a youth treatment facility. iii. Council Bill No. 8, an Emergency Ordinance approving the lease-purchase of two Fire Trucks (a Heavy Rescue Pumper and 1500 GPM Pumper). c. Resolutions and Motions. 10. No Pu~ring. 11. Ordinances, Resolutions and Motions. a. Approval of Ordinances on First Reading. i. ~f/-0 Council Bill No. 9 -Recommendation from Safety Services, Division of Building and Safety, to approve a Bill for an Ordinance adopting the International Building Code 2006 to establish minimum requirements to safeguard the public health, safety and general welfare. STAFF SOURCE: Lance Smith, Chief Building Official.~ ii. t!f!>d 'l-0 iii. iv. Council Bill No. 10 -Recommendation from Safety Services, Division of Building and Safety, to approve a Bill for an Ordinan c e adopting the National Ele c trical Code 2005 and the International Code Council Electrical Code Administrative Provisions 2006 to establish minimum requirements to safeguard th e publi c health, safety and ~:~e~al,"':e~f:r:. ~TAFF SOURCE: Lance Smith, Chief Building Official. /Al~ Council Bi ll No. 11 -Recommendation from Safety Services, Division of Building and Safety, to approve a Bill for an Ordinance adopting the International Fuel Gas Code 2006 to establish minimum requirements t o safeguard the public health, safety and general welfare. STAFF SOURCE: Lance Smith, Chief Building Official .~ Counci l Bi ll No. 12 -Recommendation from Safety Services, Division of Bui l ding and Safety, to approve a Bill for an Ordinance adopting the International Mechani al ode 2006 to establish minimum requirements to safeguard the public h alth, safety :n_d g.eneral w:lfare. STAFF SOURCE : La nce Smith, Chief Buildin g Official .~ • Englewood City Council Agenda February 20, 2007 'Page 3 V. vi. Council Bill No. 13 -Recommendation from Safety Services, Division of Building and Safety, to approve a Bill for an Ordinance adopting the International Plumbing Code 2006 to establish minimum requirements to safeguard the public health, safety and general welfare. STAFF SOURCE: Lance Smith, Chief Building Official.~ Council Bill No. 14 -Recommendation from Safety Services, Division of Building and Safety, to approve a Bill for an Ordinance adopting the International Residential Code 2006 to establish minimum requirements to safeguard the public health, safety and general welfare. STAFF SOURCE: Lance Smith, Chief Building Official.~ vii. Council Bill No. 15 -Recommendation from Safety Services, Fire Division, to approve a Bill for an Ordinance adopting the International Fire Code 2006 to . establish minimum requirements to safeguard the public health, safety and general /}IIJ:)..; ;velfare. STAFF SOURCE: Ben Greene, Fire Marshal. tl.h1'thluJ1J1>J . l.~Rl!Ji:enoJJ: f/t-Q~ ~ 11U1 3tJ.. I .. -.111tJ&.."il1AJ<s~ ti'{)'fo) b . Approval of Ordinances on Second Reading. /lttToAJ fO /!U()flE-i. This matter was tabled at the February 5th Council Meeting and needs a M,8t~o_'} . 1t~L /J[) &£.. tf,i~proved by the majority of Council to allow a vote on second reading. /~ t!B .,. f fl rlt '7-0 ouncil Bill No. 4, as amended, authorizing removal of the billboard at 2730 South Ir,~ Broadway and rebuilding the billboard at 2896 South Broadway under a non- (/ l, f '7-t) revocable permit. ~ ii. Council Bill No. 5, authorizing Amendment 1 of the Denver Sem inary Planned /fld.J-r °Ff' f).. 0 Unit Development. (Please bring Exhibit A from the January 8, 2007 meeting.)~ c . Resolutions and Motions. ~31 ,pd?--0 8®1!£ appd?-0 i. ii. Recommendation from the Department of Finance and Administrative Services to adopt a Resolution authorizing a Re-Appropriation and a Supplemental Appropriation to the 2007 Budget for Conservation Trust Fund and Open Space Fund capital projects in the amounts of $40,000 and $1 ,001,346, respe c tively. STAFF soy~,c_E: frank Gryglewicz, Director of Finance and Administrative Services.~ Recommendation from the Department of Finance and Administrative Services to approve a Resolution advancing funds from the General Fund to the Englewood Mclellan Reservoir Founda ti on (EMRF). STAFF SOURCE : Frank Gryglewicz, Director of Finance and Administrative Services. ~ 1 2. General Discussion . a. Mayor's Choice. Englewood City Council Agenda February 20, 2007 Page 4 b. Council Members' Choice. --------------•" Approval of expenses for students to attend the NLC Conference.~ 13. City Manager's Report. 14. City Attorney's Report. 15. Adjournment. t· tJs" .. PUBLIC COMMENT ROSTER AGENDA ITEM 7 UNSCHEDULED PUBLIC COMMENT DATE: FEBRUARY 20, 2007 PLEASE LIMIT YOUR PRESENTATION TO FIVE MINUTES PLEASE PRINT Please wear a sticker if you support ''Save Duncan Park'' Thank you 1. Call to Order ENGLEWOOD CITY COUNCIL ENGLEWOOD,ARAPAHOECOUNTY,COLORADO Regular Session February 5, 2007 The regular meeting of the Englewood City Council was called to order by Mayor Wolosyn at 7:37 p .m . 2. Invocation The invocation was given by Council Member Barrentine . 3. Pledge of Allegiance The Pledge of Allegiance was led by Mayor Wolosyn . 4. Roll Call Present: Absent: Council Members Tomasso, Moore, Barrentine, Oakley, Mccaslin, Woodward, Wolosyn None A quorum was present. Also present: City Manager Sears City Attorney Brotzman Deputy City Manager Flaherty City Clerk Ellis Deputy City Clerk Bush Director Olson, Safety Services Director Kahm, Public Works Senior Planner Langon , Community Development Manager Stitt, Community Development Director Gryglewicz, Finance and Administrative Services Police Sergeant Condreay, Safety Services Fire Divis ion Ch ief Pattarozzi, Safety Services 5 . Consideration of Minutes of Previous Session (a) COUNCIL MEMBER TOMASSO MOVED , AND IT WAS SECONDED , TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF JANUARY 16, 2007 . Mayor Wolosyn asked if z;;-e ~i o~~ Vote results : Mot1 6 earn d . Ayes : Council Members Barrentine, Mccaslin, Wolosyn , Woodward, Tomasso, Oakley Nays : None Abstain : Council Mem~ber Moore R cognition of Sched ul d Pub lic m m nt Englewood City Council February 5, 2007 Page 2 (a) Daryl Kinton , an RTD Board Member, sa id I would like to take th is m inute to recogn iz e .. .We sta rted a new th ing at RTD th is year ... the RTD board ... we started ... an award to recognize individuals and organizations that have been champions of transit. Englewood was nominated for a variety of reasons . The City has been very forward in transit with this development that we stand on right here and with the work, which started when Tom Burns was Mayor ... And even as recently as ... you know ... l had the opportunity to work with the City management people that were work ing on a recen t issue that RTD had with this contractor , which affected ... was actually in the City of Englewood ... but it actually affected only Denver res idents ... well it didn 't actually affect any Denver residents but never-the-less the City of Englewood was extremely cooperative in helping RTD to resolve an issue that looked , you know, originally like it was going to go on for years . In honor of that, I would like to present the City of Englewood with this first annual 2006 Champions of Transit award, for the City of Englewood . Mayor Wolosyn said thank you Daryl, and thank you for everything you do for us . There was a round of applause . Member Woodward said that I would like to say thank you Daryl for being a RTD board commissioner , representing Englewood , and doing the job that you do . (b) Lesl ie Fishbe in, of Kacey 's F ine Furniture, said I'm here to say thank you to the City of Englewood . We'd like to appreciate all that everyone has done for us . Darren Hollingsworth , and a lot of the economic development program, because we will be the new denizens of Englewood and to give you an idea, we feel that we're very , very competitive ... someone's who's very ... a company that is good for our employees ... we're an ESOP , Employee Stock Ownership Program plan . We give great benefits . Last year , we pa id over $800 ,000 .00 in medical benefits . We 'll be bringing about 75 to 80 people in it ially on site . We have been located, since 1986 , down Santa Fe so we 'll be mov ing up a little b it on Santa Fe . We are go ing to be relocat ing our warehouse and distribution facilit ies to Dartmouth and Platte R iver Dr. So we 're thrilled . As you know, or may not know , the fac ility that we 're at now and have been forever on Santa Fe is going to be demol ished . And I think it will be a marvelous project for everybody. It will certainly look better than the old Gates proj ect. So we just wanted to say thank you . Everyone in Englewood has just been more than gracious and helpful. We hope to be moving in by June 15t, because by June 30th the wrecking ball will be com ing for that. So aga in , we j ust wanted to say thank you . I understand the controversy about the dogs . I don 't own a dog. I hope you guys work it out. I'm not going to have dogs at our warehouse . It's okay. And I don 't have a statem ent about that. I have one other th ing to say . This is democracy at its grass roots level. Isn 't it f ascinating ? No wond er why it's not go ing to happen in Iraq . It's just not. But again , thank you all very mu c h for everyth ing you have d on e . W e hope to be great denizens of the C ity of Englewood and as a Denver nat ive , I'm thrilled to be moving to Englewood . Tha nk yo u. Mayor Wolosyn said I would like to welcome you and thank you for coming out tonight to introd uce yourself. We are very glad to have you . Ms . Fishbein said I know that you are not supposed to have graft or corruption but you each have little coffee cups, with Hershey's candies . 7 . Recognition of Unscheduled Public Comment (a) Sam Waggoner, an Englewood resident, said right off the bat I would like to thank you guys for the snow removal for the first two weeks of the storm . And after that point, I would like to know what the plans are for future snow removal and getting the ice up . I have left a couple of messages on the snow line, asked for a response and did not get any response . We have been fighting our street, and I don't know how the rest of Englewood is , but we have a number of ice chunks that have been pushed up in the last week , covering elderly's driveways . All of the ladies that live across the street from me are all single ... elderly ... we have one m ale on that s ide of the street. We have been cleaning out their driveways for them . After the ice was put up o n the re, we got one lady on the corner of Eastman , who because of the way the plow performed and didn 't p rform ... they have been driving over her lawn ... because the snow has not been removed . Today , they finally came an d rem oved tha t p il e of s now. But a num be r of the res idents on South Ra ce Street are wondering what happen d in the last fo ur sto rms th at 11 d idn't get cleare d in the same response that it d id in the first two storms ? M ayor Wolo yn respond d tha t w don't usually engag in dialogue at th is po in t of th e m ti ng but at th e end of our tudy ion, w did h v n upd t of snow r mov I. I'm going to ask Rick Kahm, our Public Work Dir t to p to ou out 1d out 1t W ot n upd t oh c n t II you wh r w 'r going Mr. Englewood City Council February 5, 2007 Page 3 Waggoner said I'd appreciate that. Thank you . Mayor Wolosyn said thank you for coming out and thank you for understanding what a hard job it is . (b) Joshua Lanzetta , an Englewood resident , said I didn 't realize that this was going on with the dogs tonight so I'll try to be brief. Basically, I'm here to talk to you , or ask, that you consider changing the zoning in Englewood, concerning the amount of vehicles that one person can own . I would like to give you an example of what's going on, on our street. For the last six years ... I've only been living there for six months ... and I could probably say that I'm living there as a direct response to this , because the people whose home that I bought, moved out because of what's going on . Basically, for the last six years, there's been a gentleman at 3218 South Pennsylvania, who has 15 to 18 vehicles parked on his lawn , front yard, back yard, on the street, and around the block . I just don't think that this is appropriate for a residential neighborhood . We have a few concerns , just as neighbors. Basically, we have water pooling under his tires. We have oil on the roads . We have ridiculous ice, probably a foot and a half of ice, because the drains are impeded by the vehicles . The vehicles never move . They're inoperable. They're towed around basically to kind of get around zoning and around code enforcement, because if they're moved periodically, they aren't able to enforce the code . The code is generally inadequate and there is a huge safety concern on our street. The plows, I mean, we have ... it's a pedestrian way ... in the middle of our street right now because these vehicles ... plows can't get around them; you can't drive around them . It is very unsightly . And the citizen who owns all of these cars, they 're basically, for a lack of a better term, are rust buckets . They don't run . They don 't move . There are pictures of the same vehicles, in the same place, on the property from six years ago . They have never been moved . And code enforcement cannot get on the property because of a lack of a search warrant. They can't, obviously, trespass . There is kind of a security fence up that the citizen has put into place , to try to basically block code enforcement from being able to see if the vehicles are registered, licensed , that sort of thing . So my suggestion, and I'm not suggesting that we become Highlands Ranch and have a bunch of restrictive covenants, but I am suggesting that the code be amended to either limit the amount of vehicles that one person can own, or, to have some type of three strikes and your out system , with one vehicle that may be, somehow, you know, not up to code . I was told, the last time that I was here, three months ago , this probably wouldn't be a good situation to bring up publicly , for fear of retribution or things of that nature . I can say that my neighbors aren't that worried about that. But I think that there is a kind of apathetic kind of environment right now because I know of at least ten neighbors , that have called in repeatedly , trying to say hey these cars are in violation ; they 're in the way ; we can't plow ; the street sweepers can't get through; you know, there is mosquito larvae under them ; there 's just garbage in the backs of them ; and code enforcement just never comes down. And , I just. .. there needs to be a zoning amendment. That is the only way . I've talked with Sergeant Condreay . I've spoken with Mr . Tomasso , Mr. Mccasl in and , it's a large undertak ing , I understand that , but something needs to be done . It 's j ust. .. There is bad fa ith . If the guy had a three car garage , let's say , if he has enough money to buy all of these old vehicles , at let's say five hundred bucks a pop , that's easy a three or four car garage in the back . A t lea st , pu t th em away. Bui ld a driveway . Park them on the dri veway . Keep it a l ittle c lean . We had cars parked parallel to the road, in the front yard, for like, the first six months that I lived here. After the last meeting , somehow he got word that I was here, even though I wasn't able to speak, and they moved those vehicles . I mean, they're up around the block. It's ridiculous . It really is ridiculous . So that's really my request , just to please consider changing the zoning . I would be more than willing to volunteer some time . I have some extensive experience with land use, law and planning . So let me know if you want a brief or something or some sugges tions . And I woul d also like to say, publicly, the la st time I was here, I did w an t to speak public ly but I was railroaded a bit. A nd I feel like there are certain Council members that need to know that when you are here, serving the City of Englewood, it's inappropriate to say, you know, there might be retributions . You should probably take care of this, not at a public level ; not in the forum . It's the democratic process . We need this ... as a City and as a democracy. So, I would like to say to Councilwoman Barrentine that if you are going to continue to serve for the public, please let everyone speak . Thanks a lot. I appreciate it. Mayor Wolosyn said thank you and as you know, we don't usually engage in dialogue at this point, but it may and probably will , come up at the end of the meeting, in Council choice . And if you don't stay for the whole m eting , we 'll make sure someone calls you and lets you know . Mr. Lanzetta said I'm going to head out , but I would appreciate that. Mayor Wolosyn said one of the Council people will get in touch with you . Mr. Lanzetta 1d good luck dog people . Mayor Wolosyn said thank you . Th r w r no oth r un ch __J Englewood City Council February 5, 2007 Page 4 8 . Communications, Proclamations and Appointments (a) considered . An E-mail from Eri k Foster announcing his resignation from the Liquor Licensing Authority was COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO ACCEPT THE RESIGNATION OF ERIK FOSTER FROM THE LIQUOR LICENSING AUTHORITY. Mayor Wolosyn asked for comment or discuss ion . Mayor Wolosyn said I wish Erik well. He was a nice add ition to the two boards that he served on . Motion carried . Ayes : Council Members Barrentine, Mccaslin, Moore , Wolosyn, Woodward , Tomasso, Oakley Nays : None COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEMS 8 (b) THROUGH 8 (gg) -RESOLUTION NOS. 4 THROUGH 35. (b) RESOLUTION NO . 4, SERIES OF 2007 A RESO LUTION REAPPOINTING MARK ADAMS TO THE PUB LI C LIBRARY BOARD FOR THE CITY OF ENGLEWOOD, COLORADO . (c) RESOLUTION NO . 5, SERIES OF 2007 A RESOLUTION APPOINTING ANDY BERGER TO THE TRANSPORTATION ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD , COLORADO . (d ) RESOLUTION NO . 6 , SERIES OF 2007 A RES OLU T ION APPOIN T ING KEN BRONSON TO T HE EL ECT ION COMMISSION OF THE CITY OF ENGLEW OOD , COLORADO . (e) RESOLUT ION NO. 7, SE RIES OF 2007 A RESOLUTION APPOINTING KEN BRONSON TO THE KEEP ENGLEWOOD BEAUTIFUL COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO . (f) RESOLUTION NO . 8, SERIES OF 2007 A RESOLUTION REAPPOINTING TOM BURNS TO THE URBAN RENEWAL AUTHORITY FOR THE CITY OF ENGLEWOOD, COLORADO . (g) RESOLUTION NO . 9, SERIES OF 2007 A RESOLUTION APPOINTING VIC CALONDER AS AN ALTERNATE MEMBER TO THE PLANNING AND ZONING COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO . (h) RESOLUTION NO . 10 , SERIES OF 2007 AR SOLUTIO N REAPPOINTING ROBERT CASSIDY TO THE WATER AND SEWER BOARD FOR THE CITY OF NGL WOOD , COLORADO . Englewood City Council February 5, 2007 Page 5 (i) RESOLUTION NO . 11 , SERIES OF 2007 A RESOLUTION REAPPOINTING DOUGLAS COHN TO THE BOARD OF ADJUSTMENT AND APPEALS FOR THE CITY OF ENGLEWOOD , COLORADO . U) RESOLUTION NO . 12 , SERIES OF 2007 A RESOLUTION APPOINTING SUNSHINE CROSS TO THE KEEP ENGLEWOOD BEAUTIFUL COMMISSION FOR THE CITY OF ENGLEWOOD , COLORADO. (k) RESOLUTION NO. 13 , SERIES OF 2007 A RESOLUTION REAPPOINTING LEROY DAVAULT TO THE NON-EMERGENCY EMPLOYEES RETIREMENT BOARD FOR THE CITY OF ENGLEWOOD, COLORADO . (I) RESOLUTION NO . 14 , SERIES OF 2007 A RESOLUTION APPOINTING JEANNETTE ESPINOZA AS AN ALTERNATE MEMBER TO THE ALLIANCE FOR COMMERCE IN ENGLEWOOD (ACE) FOR THE CITY OF ENGLEWOOD , COLORADO . (m) RESOLUTION NO . 15 , SERIES OF 2007 A RESOLUTION REAPPOINTING RON FISH TO THE PLANNING AND ZONING COMMISSION FOR THE CITY OF ENGLEWOOD , COLORADO . (n) RESOLUTION NO . 16 , SERIES OF 2007 A RESOLUTION REAPPOINTING DANIELLE GREGORY TO THE ENGLEWOOD TRANSPORTATION ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD , COLORADO. (o) RESOLUTION NO . 17 , SERIES OF 2007 A RESOLUTION APPOINTING DIANA HELSTROM AS AN AL TERNA TE MEMBER TO THE URBAN RENEWAL AUTHORITY FOR THE CITY OF ENGLEWOOD , COLORADO . (p ) R E SOLUTION NO . 18 , SERIES OF 2007 A RESOLUTION APPOINTING CHRIS HOAGLAND TO THE KEEP ENGLEWOOD BEAUTIFUL COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO . (q) RESOLUTION NO. 19, SERIES OF 2007 A RESOLUTION REAPPOIN TI N G DAN JENSEN TO THE ELECTION COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO . (r) RESOLUTION NO . 20, SERIES OF 2007 A RESOLUTION REAPPOINTING DARYL KINTON TO THE ENGLEWOOD TRANSPORTATION ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD, COLORADO . (s) RESOLUTION NO . 21, SERIES OF 2007 A RESOLUTION APPOINTING THOMAS KRUK TO THE PUBLIC LIBRARY BOARD FOR THE CITY OF ENGLEWOOD , COLORADO . (t) RESOLUTION NO . 22 , SERIES OF 2007 Englewood City Council February 5, 2007 Page 6 A RESOLUTION REAPPOINTING DEYO MCCULLOUGH TO THE MALLEY CENTER TRUST FUND FOR THE CITY OF ENGLEWOOD, COLORADO . (u) RESOLUTION NO . 23, SERIES OF 2007 A RESOLUTION REAPPOINTING MARCIA O'BRIEN TO THE BOARD OF ADJUSTMENT AND APPEALS FOR THE CITY OF ENGLEWOOD, COLORADO . (v) RESOLUTION NO . 24, SERIES OF 2007 A RESOLUTION APPOINTING SUZANNE PURDY AS AN ALTERNATE MEMBER TO THE BOARD OF ADJUSTMENT AND APPEALS FOR THE CITY OF ENGLEWOOD . (w) RESOLUTION NO . 25, SERIES OF 2007 A RESOLUTION APPOINTING PATRICK RINGENBERGER TO THE KEEP ENGLEWOOD BEAUTIFUL COMMISSION FOR THE CITY OF ENG,LEWOOD, COLORADO . (x) RESOLUTION NO . 26 , SERIES OF 2007 A RESOLUTION REAPPOINTING DON ROTH TO THE PLANNING AND ZONING COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO . (y) RESOLUTION NO . 27, SERIES OF 2007 A RESOLUTION APPOINTING JEFF ROVNER TO THE KEEP ENGLEWOOD BEAUTIFUL COMMISSION FOR THE CITY OF ENGLEWOOD , COLORADO . (z) RESOLUTION NO . 28, SERIES OF 2007 A RESOLUTION APPOINTING RONALD RUTHERFORD AS AN ALTERNATE MEMBER TO THE CODE ENFORCEMENT ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD . (aa) RESOLUTION NO . 29 , SERIES OF 2007 A RESOLUTION APPOINTIN G RONALD RUTHERFORD TO THE KEEP ENGLEWOOD BEAUTIFUL COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO . (bb) RESOLUTION NO . 30, SERIES OF 2007 A RESOLUTION REAPPOINTING DAVID SPRECACE TO THE BOARD OF ADJUSTMENT AND APPEALS FOR THE CITY OF ENGLEWOOD , COLORADO . (cc) RESOLUTION NO . 31, SERIES OF 2007 A RESOLUTION APPOINTING JAMES WEEKS AS AN ALTERNATE MEMBER TO THE TRANSPORTATIO N ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD, COLORADO . (dd) RESOLUTION NO . 32, SERIES OF 2007 A RESOLUTION APPOINTING JAMES WEEKS TO THE ENGLEWOOD URBAN RENEWAL AUTHORITY . (ee) RESOLUTION NO. 33 , SERIES OF 2007 Englewood City Council February 5, 2007 Page 7 A RESOLUTION APPOINTING JILL WILSON TO THE CODE ENFORCEMENT ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD, COLORADO . (ff) RESOLUTION NO . 34, SERIES OF 2007 A RESOLUTION APPOINTING TOM WINTHROP TO THE KEEP ENGLEWOOD BEAUTIFUL COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO . (gg) RESOLUTION NO . 35, SERIES OF 2007 A RESOLUTION APPOINTING JESSE WOLFF TO THE FIREFIGHTERS' PENSION BOARD FOR THE CITY OF ENGLEWOOD, COLORADO . Vote results: Motion carried. Ayes: Council Members Barrentine, Mccaslin, Moore, Wolosyn, Woodward, Tomasso, Oakley Nays : None Mayor Wolosyn presented the certificates and Mayor-Pro Tern Woodward presented the City pins to all the appointees in attendance. Mayor Wolosyn wanted to say, before I start the presentation, thank you all for coming out and volunteering to work on our boards and commissions . We actually had so many people this time that we didn 't have a perfect fit for everyone so we appreciate those of you who are going to serve . Individuals were each called up and those in attendance were presented their certificate and pin . Mayor Wolosyn said that covers everyone. We will make sure that the pins and certificates get to both the reappointed and new members . I am really pleased so many people came and I look forward to serving with you. Member Barrentine said congratulations to all of you . There was a round of applause . 9 . Consent Agenda (a) Approval of Ordinances on First Reading There were no additional items submitted for approval on first reading . (See Agenda Item 11 .) COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 9 (b) (i) and 9 (c) (i). (b) Approval of Ordinances on Second Reading (i ) ORDINANCE NO . 3 , SERIES OF 2007 (COUNCIL BILL NO . 1, INTRODUCED BY COUNCIL MEMBER WOODWARD) AN ORDINANCE AMENDING TITL E 1, CHAPTER 5, SECTION 1, OF THE ENGLEWOOD MUNICIPAL CODE 2000 , RELAT ING TO REAPPORTIONMENT OF CITY COUNCIL DISTRICTS WIT HIN THE CITY OF ENGLEW OO D , COLORADO. (c) R esolutions and M otions (l) A motion to pprov a contract in th amount of $117 ,658.00 with Hedrick & A oc , t , LLC . for the d ign of ·south Bro dw y Str t c p · Tuft to B II vi w.· Englewood City Council February 5, 2007 Page 8 Vote results: Ayes: Nays : Motion carried . 10 . Public Hearing Items Council Members Barrentine, Mccaslin, Moore, Wolosyn, Woodward, Tomasso, Oakley None (a) Mayor Wolosyn said this is a Public Hearing to gather input on Council Bill No. 5, authorizing the Denver Seminary Planned Unit Development Amendment 1. COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO OPEN THE PUBLIC HEARING TO GATHER INPUT ON COUNCIL BILL NO. 5, AUTHORIZING THE DENVER SEMINARY PLANNED UNIT DEVELOPMENT AMENDMENT 1. Ayes : Council Members Barrentine, Mccaslin, Moore, Wolosyn, Woodward, Tomasso, Oakley Nays : None Motion carried and the public hearing opened . All witnesses were duly sworn . Senior Planner Langon said the issue before your consideration tonight, in the first public hearing, is Council Bill No . 5 . It is a request by Continuum Partners, who purchased the Denver Seminary site in 2005 , to amend the original Denver Seminary planned unit development, which Council approved by Ordinance No . 52, Series of 2004 . I've already submitted, for the record, Proof of Publication that this Public Hearing was published in the Englewood Herald on January 12, 2007 and also a certificate of posting that four signs were posted on the property per ordinance , since January 21, 2007 . I'm only going to have a few comments this evening and then I am going to turn it over to Kevin Foltz, from Continuum Partners, who will discuss the proposed amendment in detail. The original PUD rezoned the site to allow or permit a proposed development. The original PUD remains in effect unless it is amended by the amendments in Number 1, as proposed . And the amendments are specific amendments to the original PUD. The PUD process requires that the major amendments to the PUD are addressed through the same process as the original PUD . Therefore , a pre-application neighborhood meeting was held on October 12 , 2006 . The City reviewed the project and then there was a Public Hearing held before the Planning and Zoning Commiss ion on December 5 , 2006 and at that meeting , the Planning Commission recommended to forward the proposed Amendment 1 to Council , with a favorable recommendation . The Amendment 1 overview , the applicant proposes no changes to the general character to the devel opm ent. There is still go in g to be for sale resi dential develo pment w ith a retail co mpon ent. There are no changes to the allowed uses and no changes to the building heights, the signage, the fencing or density. What is proposed in Amendment 1 is alteration in the building configurations . In other words, the layout of the development is altered . And with that, the building envelopes the areas within which buildings can be built, landscaping setbacks, and phasing are all being amended, as is reduction in retail space and a corresponding reducti on in reta il parking ra tio . A nd th ere is also proposed a change in the la n e co nfiguration, a t the Hampden and University intersection, to mitigate in tersection conflicts . This is being re q uired b y the Colorado D epartment of Transportation . The Communi ty Development Departmen t recommen ds approval of the Denver Seminary PUD Amendment 1 . It is worthy of consideration and support as an improved layout that functions within the intent of the original rezoning ; an improved traffic pattern , not only within the site , but also externally; positive economic development to the C ity ; posing choices and a quality product. If Council has questions for me , I'll be happy to address them . Otherwise , I'll turn it over to Mr. Foltz from Cont inuum Partners . Mayor Wolosyn said thank you Tricia . Mr . Foltz said good evening . Thank you Ms. Langon Thank you Council for hearing us tonight. We are very e cit d to b here. It has been a wond rful few months and the process of presenting our neighborhood to th Pl nning and Zoning Commission and lso now to you B for I g t tart d , I would ilk to gain 1ntroduc my If I m th d v lopm nt d1r ctor for Continuum Partn r on th K nt Pl c proj t I would ilk to intro uc th t ho would b v 11 bl for n y qu hon tom t , 1n dd1llon to our pr ) Englewood City Council February 5, 2007 Page 9 From Continuum : Tom Gougeon , who is our chief development officer, Justine Willman , who is our project coordinator, Rob Straka and Jim Hartman, our construction managers/project managers . From David Owen Tryba Architects : Dean Foreman, the lead architect, and Jeremy Bieker . Our civil engineering and landscaping engineering landscape consultants from MB Consulting : David Center and Steven Wilson . And, last but not least, from our transportation engineering firm , Fox-Higgins Associates : Steve Tuttle . So, again, thank you . I would like to take you through .. .first , a brief introduction to Continuum . Not having done development in your City, I would like to take you through just a couple of our projects , that give you an example of some of the character and the attention to design detail and sustainable design that we have carried forward since our founding in 1997. Continuum is a Denver based company . We do all of our projects in the City of Denver , the City of Lakewood , Westminster , and now in Englewood . We are very excited to be here. And we have a long standing commitment to , as I said , design architecture, to sustainable design and the connection between long term value . This is our first project since coming to Denver ... 16 Market Square , on the corners of 161 h Street and Market, in downtown Denver . It is a mixture of ground floor retail, middle floors of office, class AA office space, and residential units above . This is the Belmar Shopping District, the redevelopment of the old Villa Italia, in Lakewood, at the corners of Wadsworth and Alameda . It's, again, the redevelopment of 104 acres into office, retail, residential district for the City of Lakewood. Another image of the central plaza space, a significant focus on all of our developments ; outdoor living space, outdoor gathering space and this is one of the plazas in that area . Bradburn is a 126 acre mixed use development in Westminster . Single family residential, multifamily residential, office and retail. .. character of the streetscape was very , very important to us . This is the Art House project in downtown Denver; 13 contemporary town homes and the land development for 69 residential units ... affordable housing and The Museum of Contemporary Arts . So as you can see, many of our projects are in and around Denver. Those projects have won numerous awards, from agencies such as the Urban Land Institute , the American Planning Association , Congress of New Urbanism , the Economic Development Council , and the Denver Regional Council of Governments , just to name a few . I wanted to start here with an image of the old site plan , as far as the old PUD , and I'll relate that to the new plan, in its similarities . But I just wanted to note, as a refresher, the original PUD called for about 65 ,000 square feet of retail, located on the corner, and up to three stories, in two buildings . It also had 45 town homes, two and three story town homes ringing the site , about 20 feet from the property line , on each of the sides around the perimeter. And it also had 350 units , in six towers, around the center core , sitting on top of a podium, a garage ... a multi -story garage podium, that had it access at a series of points around it, a ring road . Not having been the authors of the original PUD , the major areas of focus , once we acquired the land and began reviewing the PUD , first being scale reduction, both resident ial and commercial. We ant icipate a density reduction . We anticipate a reduction in the numbers of units . We certainly are already achieving a reduct ion in the commerci al square footage , from 65 ,000 down to just ove r 51 ,000 . Our initial goals were set forward , in our first phase , in the res idential reduction of scale , eliminating two of the six towers . So taking it down from six towers to four planned towers . The other very importan t im provement was and is traffic and park in g circulation . We wanted to not have public and private parking co-existing and causing problems for both the residents and the way-finding th roughout the site . So what we have done, as you'll see, is separate the two so that there's an ease of circulation of parking ... an ease of finding parking throughout the site . And the third, and probably one of the most important, is phasing and schedule . By reducing the numbers of towers, and reducing and re-planning the site, we are able to take the project from what we saw as a three phase project down to a two phase project and possibly a seven year construction duration down to a five year. So we're very excited about pushing that forward and I'll go through the phasing in a minute . Again , another aerial showing its location . I think we all know that it's on the corners of Hampden, along the bottom, and University, along the right. A flip of orientation shows Hampden along the left now and University along the bottom , to be consistent with the PUD and the other slides . If you remember back to the original PUD , we're still keeping the retail and commercial in its original location on the corner, acting as a buffer in both sound and traffic circulat ion into the project from the corner. maintaining two access points, one off of University , one off of Hampden . The one off of University remains a full movement ... I'm sorry, a three - quarter movement intersection in to and out of the project on University and a right-in and right-out drive lane off of Hampden . As I mentioned, we've reduced these bu ildings down from three story to two stories in a single building and then one story on the two buildings to the south . We also have incorporated a mixed use component into the towers , so we now have the flexibility in this of about 4 ,000 square feet of commerc ial space, at the corner of that bu il ding , to really create a plaza feel , a two -sided retail center for the public . As you e h re , w ·v reduced th first two towers , down from towers to town homes , and we 've kept the la t two to r 1n th ,r on91n I cond1t1on , ong1n I height, nd es nt1ally in th x ct me spot. Th s cond phas of th prOJ t, w I h w will t into , 1 t unprogr mmed nv lop t t w 'II t I bout ,n d t ti to nigh t .th t Englewood City Council February 5, 2007 Page 10 we 're hoping to do what. .. the previous PUD did is really establish a building envelope , in which we can build our second phase, not knowing exactly what's coming in a unit mix and product type, except that we know the building heights, and the building envelope ... The building height has not changed from the original PUD . This building location, this large rectangular building, is the original PUD envelope and through the reduction of the town homes that were along the north face, we're hoping to utilize some flexibility in this to create a much more ... a much better environment. .. tower environment than previously approved through a full building envelope . We've maintained the town homes along the western border and some town homes along the eastern border and the north-east corner . As I mentioned, phasing is a big part of the success of this project and we're able to break this down into, again, two phases ; the first being really Phase 1A and 1 B. Phase 1A due to our use of an existing building on the site , through the partial construction of the first phase, is all of the retail, two towers , which is about 90 residential units , and about three-quarters of the town homes, which is about 15 town home units . The second part of that , to be brought online shortly, right after demolition of this building, are the remaining town homes and the row houses . And the second phase which is the remainder of the town homes, both on the east and west, and the remaining two towers . Again , the town homes, I wanted to go through a little bit of the parking ... how the parking lays out. If you didn't quite understand it through your review of the PUD amendment, the town homes being along the western face , the western perimeter, they park underground as designed in the original PUD , in garages ... private garages that are accessed through a series of driveways ... low grade drives that get you down into the town homes . What we call row houses, which is another fancy name for town homes, but they're located in the heart of the project ; some face the park , some face the street to help activate the street and create that streetscape. Those row houses park on an alley, at grade , in private garages, as well. So there is a difference between the perimeter row houses and these row houses but they create a mix of product. And then we have some down at the bottom that are parked off of an alley, as well. The tower parking, for both the first phased towers and the second phased towers, will be parked in series of garages . The first phase is parked on a single level garage , accessed off of the street , so this is again , street level , off of Un iversity and a full parking garage , that parks all of towers one and two in that garage . Future parking for the towers will be parked within the envelope , below the envelope, in a two to three story parking garage ; one level above grade and one to two levels below grade . Visitor and guest parking is on the street , which is parallel parking , shared use study for the retail as well. Retail again , located 51 ,000 square feet , on the corner and partially in that corner of the tower , parks at grade, and one thing that we 're able to do through this , the planning here , is add about 39 parking spaces at grade, and also put another parking garage, at grade , accessed from the south rather than circulating down two to three levels of parking as it was originally designed . We 've now parked all of our retail park in g at grade, with a shared parking analysis of the entire site ; a mixture of office. restaurant and qu ick retail use . Dean Foreman is going to take us through some architectural characteristics and then I would like to get into a little bit more of the neighborhood and the shadowin g of the buildings . Mayo r Wolosyn said thank you . Dean Foreman said I'm with David Owen Tryba Architects . I'm a principle . I'm very happy to be here in front of you tonight, presenting this project. It's been a wonderful path so far and the project keeps getting better and I'm here to reassure you of that. We worked on this project originally with John Forstmann, when it came to the project, or to the City, and worked through the planning and zoning process and through City Council, to come up w ith , what we thought was , a very interesting plan . One that fit our category of design, wh ich is heavily mixed use, urban projects and semi -u rban projects that really take pride in the mixing of residential, re ta il and these types of environments . When they came to us with th is site , it was really our development of this , w ith John Forstmann, that kind of came up with th is idea of a project that fit into a very important civic site, a very important intersection , was able to mix uses in a more dense way , than what was there before but also tried to fit in well with its neighbors . Obviously, you have one of the bus ies t in tersections in the City, at th is corner, and the original concept for putting re tail up against that intersection and protecting the residential project from that was paramount , and 1t stays . The entrar.ce ways that were there before are still there no w . The idea of a traffic signal . which was here before, is still here now . The idea of improving this intersection was very important to us , v ry important to the neighbors. and through the process that we we nt through to get to this point and so, an nt 1re d c I lane into the pro1 ct and ad eel lane here .. an accel lane ... an improvement of this right turn lane wh ich cau s lot of the b ck up into this inters ction was added from the property, and so 1t was really given from th prop rty own r And th t I n wa contin u d II th way across Hampd n . in t ad of coming right out du ell 11,to tr ffi c A 1n by t 1n g pro rty in to th proJ c t nd cont1nu d II th w y round to th nght , and Englewood City Council February 5, 2007 Page 11 even through the second process that we've been through, increased on this side so it really improves the traffic in and out of the site . And lastly, as a traffic improvement, this intersection was added a long left turn lane and a modification of this traffic signal is part of that as well. All of the widening of the street was taken on by this property, and so we're pretty proud of the fact that we've tried to accommodate and improve the intersections and the street. The basic change in the project was to , because of the difficulty in phasing an entire project within a central courtyard , to bring this road through the project. Because the property slopes, about 18 feet from this side to this side, we're trying to take natural advantage of the site by allowing the total separation of the parking . The idea of a turnaround here, and a turnaround now that was extended instead of here back to here, added more retail parking to the site and added a better sense of movement to the retail ... the people who came here for retail purposes will clearly sign what's going on as here as private ... The retail individual would drive in through here, looking for parking spaces . If he couldn't find one there and didn't want to enter this, he could turn around here, come back, try it again and again try it again here . As we know, most people prefer to park on streets and so we are giving them as much opportunity to do that as possible . But the parking garage below this is really a direct access out, and the separation of that from the residential parking underneath , is clear and totally separate. So there shouldn't be any mixing of the two. The big change and what we've done really is the modification of the density of the west side of the project. We think that by doing that it gives a more human scale to the elements here and makes more out of the courtyard by instead of having five and six story buildings here, keeping one and two story buildings along here with private courtyards . So the idea of the center courtyard, which has always been part of the project, retains a very, very strong presence here . If I could go through ... what I'd like to do is really reassure you as to the character of this architecture . This is a zoning issue and not an architecture issue. We specifically tried to avoid too much description of that architecture, beyond some descriptions in the PUD . But I 'm here to reassure you, as is Continuum , that the design of these is maintaining the original concept, which is to keep this like a European village . We are trying to appeal to really high end buyers here , people who are moving down from bigger houses in the Cherry Creek area, and don 't want to move downtown ; don't want to move out of town ; want to stay in the neighborhoods that they're really from ; so we 're trying to give them a sense of the housing that they'll come from . Less maintenance, of course , with smaller units but note the steep roofs, the picturesque character of the chimneys, the use of stucco , the use of stone surrounds around the windows, the overhang , the down spouts, the English character is what we're really going after. We wanted to bring in some of the character of the DU architecture, some of the surrounding higher end housing projects, and so this is ... these are the slides that we showed the original group and the planning . They are still the slides that we are showing you now and I can assure you that the architecture is moving in this direction . Again , I'm going to run through a series of photographs . These are projects done by an English architect named Vasey , and along with a couple of other English architects of the Craftsman Period , you'll notice some of the characteristics that we 're trying hard to get into the arch itecture . Stone surrounds around doors. Not necessarily a lot of br ick work and stone work , but what we 're trying to do is ga in a good banding of stone along the base and use it along w ith stucco in conjunction . And you can see how th is is successfully used in some of these country manor homes, if you will . Again, these are some of the images that we are directly relating the architecture from, the overhangs, the window surrounds, the use of getting the landscape right up next to the building, close in courtyards, and the character is what we're after. This was a slide, or a rendering that was done, as part of a ... kind of a preliminary idea of what we were accomplishing , or trying to accomplish , in the project. These were meant to represent the town homes and they are very similar to what we are still trying to maintain . Note the small residential street. We are trying to keep a very narrow street. We were originally trying to get those streets at 20 feet wide . We've been asked to bring them out to 26 feet wide , for the benefit of the fire department but we're still trying to maintain this small scale, slow paced, residential character. These back roads will be isolated by gates ; gates that will really keep the public out of these areas and create kind of an enclave sense for this space. Again note the gardens being planted up against these. Now, here, this was representative of the previous building that had a five and six story structure here but now what we 're doing is really repeating this imagery across on this side . So again , the intent again is a real small scale village . Now, moving into the garden aspects of the landscape, we have the center courtyard and what we 're try ing to do , again, is keep with the English country theme ; to create private enclaves of planting around gardens , close in to buildings that you see here , have the kind of character that we're talk ing about. Aga in, staying with the garden theme , we are plann ing a series of open spaces and enclosed spaces with tr lh sand garden areas that are really densely planted ins1d the center courtyard . This is very typical of what w 're trying to creat . and we'll show you a rendering 1n a cond . Again, with th idea that a pool might w,11 b on th prop rty , perhap water feature • th 1d of g z bo at th nd of that . er at1ng foe I point t th nd of th pubhc p c Wat r f tur Ag in. th1 1 one of th oth r r nd nng th t w 'v Englewood City Council February 5, 2007 Page 12 presented before trying to indicate somehow, to bring some of this country kind of architecture into high rises, which is definitely one of our challenges . But, coming back in, you see, we're still trying to maintain the steep roofs, the broken roof pitches, the gables at the top. Again, not to move it into a more modern but keep it into a kind of a country theme here . Again, here you see the public space, which originally was planned as kind of a large open space . As we go further into the design, we're grinding down into this and getting tighter and tighter and a nicer space design . And this is indicative of where the courtyard stands now. This is the tower one and tower two . The entire courtyard here between them . The swimming pool, which will be accessed directly from the fitness center, within the first floor ... actually the second floor of this tower . The way the section works, through this site now, this is actually on the second floor of the units . So you'll enter into the first floor, where you would get into that public space but also some of the other units back here . But on the second floor as you move up, there is a large fitness area, with exercise rooms and changing rooms that empty directly out into the pool and the pool is shared by these spaces. And then leading to more of a varied space with lawn spaces, garden spaces, lawn spaces ... trellises at each end, to act as an enclosure for this . And again, you can see how these private terraces are working directly in relation to these gardens . Moving to the retail, again the imagery again comes from English retail spaces ... colorful awnings, open storefronts, pots with plantings right up next to the buildings . This is a project, Lake Forest, out of Illinois, and it too, is one of the images that we keep drawing from . A focal point being a tower at the end, and as we go back to the site plan, I'll show you how we're trying to incorporate something like that into the project. But again, two story retail, possible second story office space or spas or the type of office that we can get back up or retail into the second story . But really, a primary small scale, residential scale, retail, of small store fronts with parking directly accessed to it. This is very indicative of what we're trying to create with planting beds adjacent to the parking to soften that transition to the pedestrian way . And again, notice the stonework. We're definitely into this ... into the design of creating stone surrounds . It'll be moving into stucco but you notice the canopies . All of this creates a wonderful pedestrian atmosphere that will be a part of this village . We wanted to give you some taste of where we were in the design . And so these are the images of the retail that we're pulling together now. Again , the tower here is a focal point. This will be visible from the back side as well and becomes an iconic graphic image of the project. We kind of downplayed the trees, which will be in front of these but you can see, the repetitive storefronts, the smaller scale , the stone surrounds with the colorful awnings . The imagery here of steep pitched roofs with tile, in the project. These are stone surrounds with stucco and a stone base following all the way across here . Then moving back into a little more rendered site plan , we're trying to indicate a little bit more of the landscaping that is going on . Here you can see that we're playing up the idea that this corner, as we turn the corner here, is a major public space and we're trying to play it up with a ... there's a possible grocer that is lined up here , retail on the other side and retail along these sides, with head -in parking . Heavily planted, with some nice pedestrian ways , all away across here to make this a very pleasant environment. Here again , you see the courtyard that I was referring to . Again th is is on the second floor . It's out of the way of these ... there will be a gate structure , here , that will stop people from go ing back into these areas, if they don't belong . Those will be controlled through card reade rs . There w ill be another gate structure back in th is area as the second phase comes in and temporarily there will be a gate structure ... actually perm anentl y there w ill be a gate structure here, but until the second phase goes , we'll be able to turn around here and come back out onto the side . I'm happy to answer any questions you have about the particular architecture . Council Member Mccaslin said I have a question regarding the light on University ... how far is that from the light at the intersectio n at Hampden and Universi ty? Mr. Foreman res pon d ed the distance? Mr. Mccaslin sai d yes . Mr. Foreman said 500 feet. Mr. Mccaslin said I am jus t worried abou t th e back up, because I travel University to go to work . A re you concerned about the back up there? Mr . Foreman said we actually, I believe, the additional light will help the back up . What we found is, in studying the intersection, was that the very short right hand turn lane is very difficult to get to , and so when the traffic backs up, those people that want to turn right are unable to do so and cause more back up . And that's true of the left hand turn lane as well . With a very small turn lane there , there really isn't any ability for people who want to go through, to get through . And now we r lly, drastically, improv d that. Mr. Mccaslin said thank you . Council M mb r Woodward said you've actually added that lane with part of your property? Mr. Foreman said y . corr ct Mr Woodward said o there' a whol n w lane . Mr. Foreman aid yes . Mr . Foltz said and tr , ht n d out the x1st1ng Ian There was a Jog ... light Jog, with th oth r I n , o by h1ft1ng .. by taking om of our prop rty to htft th I n , ,n hgnm nt, with wh t, outh of Hampd n, ti llow for thr ugh tr fflc .ind ,t II w u to t nd th I I fl turn I n Mr For m n dd d th t th word from th tr fftc p p I th t th Englewood City Council February 5, 2007 Page 13 added light will actually allow a window for those people , further on in Floyd, to be able to get in and out. .. which we talked long and hard with these people, and have shown them our plans and have worked with them to create this current plan . Mr. Woodward said you 've actually added more roadway going south and going to the west. Another question I had, I'm sorry I missed it , is the access coming from east Hampden, and then turning to the right or the east, and then the parking ... the extra parking for the residential, was that at street level or did that drop down? Mr . Foreman responded that this actually, because of the slope, from here to here, is really a practical grade separation all by itself. So as you drive directly in here and directly into there, you can also drive directly into here and actually be a full level between them . Mr . Woodward said okay. Now driving from the Hampden side ... okay ... no driving ... and pulling into the parking there , that's at street level? Does that go down? As I heard you say the open space above was on the second level. Is that correct? Mr. Foreman said it is actually projected above this . There is a slight down into this, but we really wanted to keep this at grade, because we feel that people, who park for retail, don't want to be in a garage unless they have to . Mr. Woodward inquired the screening around that ; on the first floor ... Mr . Foreman said we actually have some trees planted in front of this . There'll be some signage, of course, so it's visible for them to do so and some way- finding signage in here and in here as well. But it should be a very direct and obvious way in and out. Mr. Foltz said it's a public garage so we want to make sure that people understand that it is public and that they can go in there, if they don't find a spot along the street. We know that if they can't find a spot along the street, and they can't find a spot here, there's no where else to park . So it is in our best interest to make sure that they can find their way around the site, very easily . Mr . Foreman said that there is some discussion about even creating a valet parking here in case they really want to not handle their own car . They can just drop it off, which is, as you've seen from Cherry Creek, becoming a very popular thing . Council Member Mccaslin asked about the entrance right there ... is that a round-about there? Where they come around ... that gated area? For residents to go back in there, do they have to stop? I mean is there go ing to be any congestion there, with the round-about? Mr. Foltz said they 'll have access so that they'll have a transmitter to open up their gates . So as they approach it, their gates will open . Mr . Mccaslin said okay , so there won't be backlog as far as people getting ... Mr. Foltz said also , access through here as well. We're really dividing up all of the access . And this access along here is really only for the town homes and row houses along that side . Everybody else will be parking at grade . Mr . Foreman said that's visitor parking along there . Mr . Mccaslin said thank you . Council Member Tomasso said so for the visitor parking for the row houses , call ahead on their cell phone and they come out and ... Mr . Foltz said either that or they'll go through a telecom gate that they can dial up that un it for dial up to the 24 hour floor attendant. Council Membe r Oakley said I would like to commend you for adding the extra lane at the expense of your building property. You don't see this very often . Mr. Foreman said well , the first time through there wa s a lot of discussion about traffic, and a lot of concern . We really worked hard with the neighbors and even with neighbors with hiring their own consultants, to work through some of these issues . I think it will be an improvement, although it is a tough intersection . There are a lot of people there . Mayor Wolosyn asked if there were any other questions for the architect? Council Member Barrentine said that this is not your first time here and I appreciate all of the information again . Mr . Foreman said not at all. We're happy to . Council Member Woodward said I just wanted to verify that we 're going to hear more about phase two and shadowing . Mayor Wolosyn said thank you . I guess we'll move on to the shadowing . Mr. Foreman said if there are any mor questions, I'll be happy to front them . Mayor Wolosyn asked 1f there were any more questions . She said I thin it's beautiful and a I've said a million times. I'm so glad that Tryba stayed on and continuing to go 11' r ally wond rful. Mr . Foltz said thank you . It's nice to hear Thank you . nd th nk you for k ping th ong,n I ,nt nty of th i proJ ct th t was origin lly Englewood City Council February 5, 2007 Page 14 Mayor Wolosyn said so on to the shadowing . Mr. Foltz said we'd like to start with this ... is actually what you've seen as far as the original PUD, so back to a north-south orientation here . These are the town homes that were originally shown on the PUD ... two and three story town homes along the perimeter and the six towers that we spoke of. So we 'll run through this quickly and then we'll run through a new shadow study and we can see the differences . But what I'd like to notice is along here, along to the north, some of the houses ... obviously the houses haven't changed, so you'll be able to see that most of the houses that are currently affected and we 're showing you winter because obviously that's going to have the worst effect on the neighbors to the north ... but what we're also showing is, if you remember in the original PUD, the envelope in which the PUD allows to build, was a consistent envelope all the way across this ... those two towers at varying heights . So this being a 14 story and this being close to a 13 story building, that envelope was a large rectangular box . What the PUD previously assumed , or really gave the flexibility, to build within that box and to trust that the towers would be within that envelope both height and side envelope , and the developer would develop within that envelope and within the character of the project. So we did the same. You'll see that in our study. So why don't we run through this real quick, just as an example ... there's a break in the building, but again if that were a solid mass, that potentially a solid shadow that ran all the way along the face of these homes . We may run through it one more time just so you'll see it again . I think in the full shadow study, it's also important to note these two towers, at their current height, or at their approved height of five and seven stories, the shadows that those cast throughout the project as well, which really isn't insignificant as a reduction down to the town home that we have . So looking at the new winter shadow study, and again we'll pause that for a second . This is ... again ... the winter ... the shortest day of the year, so that's going to have the longest shadows , as we spoke of. Run that through. So as a result of the building envelope being extended slightly to the south, those shadows do extend slightly to the south, but really, shouldn 't have any effect on any homes that were not already affected by the existing shadow . And again, our intent and our desire are not to build within this entire envelope, we just ask to give it the flexibility and to use our ... I think its obvious through our commitment to design and the neighborhood , that in all of our projects , that we want to do what is best for the entire project. And right now, we just don 't know and we won't know, until we have the sales in these first two towers, to know exactly what types of units and exactly what types of buildings are to be built over in this area . Right now we have one tower that is a four unit, a four-play that our elevator serves ... direct elevator served units . If that is really popular, then we would only necessary ... it would only be necessary to build a four unit four-play. What we've tiered these just slightly to show what our desire , what the worst case , really, what we felt the worst case would be ... and we can run through that run one more time ... that does have a slot through it and then what we hope that , in comparison to what would be an already approved solid mass across the site here, that having two slivers like this , would be a better solution. There is not a significant d iffe rence as far as the shadows move across these homes to the north . Mayor Wolosyn asked if there were any questions or comments about this . Council Member Moore asked if they could rerun the old ... Mr. Foltz said you bet. Oh, that's the new. The scale is slightly different but those are the homes that are affected in both . Mr. Moore said go back to 9 a .m . The start of it and hold it there, if you can . Is it on the other ... the second presentation, the shadow goes all the way to the next block over, which is Floyd . I can't tell from here ... In this slide it looks like it is just capturing the first row of houses on the north side of Floyd and the other shadows look like it wraps in the next row of houses on the south side of Floyd Avenue . Is it just where the picture is cut off? Mr. Foltz said I think this does extend further ... again ... I think in the morning, it is deceiving because if we started this at 8 or 7, it would go all the way to the mountains . But you know , this area here, as it quickly runs through that , I think we could compare it. But you know there is going to be a slight add to that shadow to the north . And what we're contending is these homes are already experiencing some shadowing based on this ... the approved PUD and that the length of hadowing here may extend that a little bit further into their yard but not changing that it's going across the tr t. Council Member Oakley said but the tradeoff would be a wider amount of sunshine between the two towers, as 11 mov to th st? Mr. Foltz said corr ct. I mean , I th ink the original PUD, as I said , allowed for a solid block I n th r I don't think anybody ev r nv1s1on d building a solid block . It was giving flexibility to the building n lop S rn thing for th curr nt cond ph of our PUD . R lly Ju t a king for om fl x1b1hty to go Englewood City Council February 5, 2007 Page 15 within that envelope and knowing that nobody ... the project would not want to see a solid mass across that either . Council Member Woodward said you have neighborhood meetings , I believe, that you had discussed with the people affected, and what kind of response ... Mr . Foltz sa id we had neighborhood meetings and we 've met with all of our neighbors. Most of the immediate, adjacent neighbors, but our neighborhood meetings went very, very well and I think everybody was excited about how we were addressing the entire project and know ing that if we address the second phase with the same commitment as we are with the redevelopment, and spending a year taking over this site and redesigning this site , that the second phase will be every bit as successful architecturally as the first. Council Member Mccaslin asked do these shadows remain the same throughout the whole year . Mr. Foltz responded that they don 't. This is the worst case. We could show you in the summer, they're minimal. All of the shadows on both sequences would be minimal. And really, not even go into the adjacent neighbors . There would be more shadowing from their trees then there would be from ... Council Member Woodward said as I recall, with this being the original plan , and the town houses on the north there , it really created a kind of a shadow into the backyards of Floyd Place . Now with that being a street there and of course there's still the wall, but that wall is still shorter than the height of those town homes . Mr. Foltz said definitely. Those town homes, being two and three story town homes, really created not only a shadow but a mass along that entire frontage , where on our plan , we 've brought that back . We have a landscape buffer , a single story parking garage and then really you don't get back into the buildings until about, I think, its 50 something feet. Now, that is significantly more than the 20 feet that was previously approved . Mr. Foreman said if I could interject a note , too, that the shadow studies are built from boxes, envelopes of the type that you see in plastic . The building themselves are not boxes. They have sloped tops and so the shadow studies are a bit of an exaggeration because we had too . Mr . Woodward said you 're using the maximum. Mr. Foreman said we'd like to show you what that envelope was ... but you can picture the same plastic envelopes around those other two buildings , you can envision what we hoped to accomplish here . So if you follow that the whole sloped roofs of the town houses along the north side, don 't fill those boxes at all. Mayor Wolosyn asked if there were any other questions? Council Member Woodward asked if we could see it one more time ... on the proposed . Mr . Foltz sa id that in the w inte r, the equ inox also a good t ime to look at it. Obviously , th e day and night are the same length so that's rep resentative , but we 'll look at the winter again . Mr. Woodwa rd said it did get up to Floyd but it d idn 't get to the stre et or acros s the street. Mr. Fol tz sai d again , I th ink the last one that we looked at w as prob abl y cove ring the backyards or at least half of the house. Now it's covering the majority of the yard . So really, the way we have looked at it, is we don't feel that any new residents are being affected by the shadow ... negatively being affected . And if anything is neutral. .. Mr. Woodward asked any existing residences? Mr. Foltz said any existing residences, new on the site plan . Mr. Woodward said okay. Mayor Wolosyn asked if there were any other questions? She asked are you going to address one other subject or was this shadow study the last? Mr. Foltz said not unless there are any other questions . Mayor Wolosyn said if there are no more questions, we'll open it for public comment. Thank you . Mr. Foltz said thank you . First signed up was Clare Morgan , the president of Kent Village Association . He said thank you . I have nothing to add . None of the other six people who signed up to speak had anything to add : (L. Hig bee , Ron Pickens , Virginia McKay, Kathleen Johnson , Brent Kirkpatrick , and Jennifer Collins). Mayor Wolosyn said thank you all for coming . Mayor Wolosyn asked 1f anyone else w is hed to spea for th is part icular pubhc hearing . C unc1I M mb r Woodw rd 1d I h ve coupl of 11 m th t I w nt d to bring up Mayor Wolo yn th w r thing w would bring up wh n v r w do cond r ding Mr Woodw rd aid no, th Englewood City Council February 5, 2007 Page 16 just...l'm noticing in the amendment. .. ! had it marked ... the decrease in open space, for example , by about ten percent. Obviously anytime you can keep or increase open space I think it's good for everybody. Mr . Foltz said the major reason the open space was decreased was the widening of the streets ... that was required by the Public Works Department. Mr. Woodward said the widening of the six feet. .. okay . Council Member Oakley said I think this is a good tradeoff, in this certain respect. Mr. Woodward said that is all I have . Thank you . Mayor Wolosyn said okay. She asked for a motion to close this public hearing . COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO CLOSE THE PUBLIC HEARING TO GATHER INPUT ON COUNCIL BILL NO. 5, AUTHORIZING THE DENVER SEMINARY PLANNED UNIT DEVELOPMENT AMENDMENT 1. Ayes : Council Members Barrentine, Mccaslin, Moore, Wolosyn, Woodward, Tomasso, Oakley Nays : None Motion carried and the public hearing closed . Mayor Wolosyn said thank you for a very informative presentation. (b) Mayor Wolosyn said this is a Public Hearing to gather input on Council Bill No . 3, amending Title 7, Chapter 1-A of the Englewood Municipal Code relating to vicious dogs and cats . Mayor Wolosyn said I have Proof of Publication, of Notice of this Public Hearing , on January 12, 2007 in the Herald . This is a little different for those of you who haven 't been to a public hearing before because the last one was an issue presented to us by staff. And this one, this bill, is an ordinance that Council has brought forward. Therefore , we present and then we open it for public comment. So, this is an ordinance amending Title 7, Chapter 1-A of the Englewood Municipal Code 2000 entitled Dogs and Cats . The amendments we are making do not include a breed specific ban nor do they contain any mention or restrictions on dog weights . The issues that are covered in this ordinance are : vicious animals are defined , the conditions for keeping a vicious animal are set forth, defenses to the charges of a vicious animal are provided , bodily injury and serious bodily injury are further defined, the definition of a muzzle has also been added, and tethering of animals is limited . And an additional charge of dog at-large has been created . I'd like to say , going forward , that Council first came to this issue because Denver changed their law and put in a breed specific ban, and that first brought us to this issue. However , in the course of it , we divided this issue and we decided to , as was suggested by the Council person who brought the breed spec ific ban forward in the first place , that maybe , if we strengthen our vicious dogs , we ca n achieve the goals that a breed specific ban was sa id to ach ieve . And we d id this with cons iderable discus si o n. W e re viewed a n ord inance that was e nacted in Lafa yette . We have looked at other ord inan ces and many articles submitted by citizens and other Council members . And after considera ble discussion, Council worked with staff to develop the language in the proposed ordinance, which we passed on first reading several weeks ago . And now we are having a public hearing so that we can get input from the public to help us polish this ordinance . And I am going to open the discussion, and ask that those who speak limit there comments to five minutes . As was said earlier today , this is democracy and I know I speak for all of Council when I thank you all for staying, listening to this other public hearing, and coming to tell us your point of view. As I said , please limit your comments to five minutes . COUNCIL MEMBER TOMASSO MOVED , AND IT WAS S ECONDED , TO OPEN THE PUBLIC HEARING TO GAT H ER INPUT ON COUNCIL BILL NO. 3, AMENDING TITLE 7, CHAPTE R 1-A OF TH E ENGLEWOOD MUNICIPAL CODE RELATING TO VICIOUS DOGS AND CATS . Ayes : Council Members Barrentine , Mccasl in, Moore , Wolosyn , Woodward , Tomasso, Oakley Nays : None Mot ion c rried and the public hearing opened . Allw1tn w re duly sworn . Englewood City Council February 5, 2007 Page 17 Tavis Hanna, an Englewood resident, said first-off I would like to state that I am currently the President of Englewood Unleashed, although I am not speaking in an official manner on behalf of the membership, that would require a vote by them, per our by-laws. What I can do, however, is speak in regards to my own opinions and the opinions that have been shared with me by friends and also from experiences that I have seen at the park and just in the neighborhood . I first would like to say I think you are definitely on the right track with getting away from a breed specific ban . I think that is a simplistic solution to a very complicated problem . I think Denver has basically decided to take less time, as a matter of convenience to just move on with other business on that and I think it is going to bite them in the rear end . It is kind of a hydra-type battle situation, where you cut off one head and more pop up . If you ban pit bulls, next are going to be any of the other 40 some odd bull type species and then on with the other aggressive breeds . So, it would kind of be a domino effect of banning all breeds ... it would just take a matter of time . On to the vicious dog ban ... l think it is definitely a step in the right direction . I don't think you are shying away from making more work for yourselves by doing this, so I appreciate it. I do think that the tethering issue in that, is very critical , because that is one specific thing you can do up front. An ounce of prevention is worth a pound of cure . Tethering creates vicious, if not psychotic dogs . Dogs are very intelligent creatures and chaining them to a confined space , literally, drive them crazy . It would do that to a human . It will do that to a dog . My only concern with the wording in the proposal , as it stands now, pertains to the definition of an attack and the definition of a vicious dog . Specifically, in both of those matters, is the term approach. I think that an attack should be just that. A true attack ... biting, basically . An approach ... it states with intent to do harm ... l see the point, but at the same time it is a bit subjective, because if this issue does come to a court , the court is usually going to side with the person who has been attacked . And if their perspective is that they are being attacked, just when a dog approaches them ... well, were they actually bit, were they actually harmed? So, it seems to me , like that would be applied more under the dog at-large or off-leash illegally portion, which would be a ticket and a citing . Whereas , I think a lot of the people in the park and the people I have talked to in the commun ity , are concerned with this is ... with that one point. Because everybody's dog has approached somebody ... does that mean their dogs are vicious? Are their dogs going to be outlawed because of that one thing? I think that is the one drawback with this proposal. At-large ... a sixteen page proposal is very beneficial to everyone, because it increases the standard of responsibility with everyone . So, it kind of weeds out the people who aren 't responsible and it protects the people who are responsible from the consequences of the actions of those who are not. So I respect that effort, but I don't want to see the rest of this proposal undermined, because of the suspicious nature of the defin ition of attack and vicious. Basically, the problem I have is with the word approach . It doesn't. .. Just an approach itself is not an attack , because somebody who doesn't understand dogs very well or somebody who may have had a bad experience in the past , im med iately thinks they are being attacked as dog approaches them ... it's just too much of a gray area for me when it comes to a definition that really does need to be fairly black and white . I do think that ... like you were passing out awards earlier ton ight. .. maybe a board for this issue would be helpful in the long run . Maybe compr ised of professional dog trainers, maybe comprised of people who have been going to dog parks for 5 to 10 years , people who understand the body language of dogs . Those sorts of efforts , I think , would help this proposal stand the test of time . And I appreciate you hearing me this evening . Mayor Wolosyn said thank you Tavis . There was applause . Jeff Garner, an Englewood resident, said I believe that through your efforts to clarify and define vicious dogs, you further confuse the public . I'm not here to discuss certain verbiage ... I think a couple people here probably are . I'm here to discuss your intent, which is our safety. In recent years, we have seen many communities that surround us, introduce specific breed bans . Although not popular, they do create what the community wants ... a safer living environment. In turn, those individuals have moved to other communities that now are faced with those same hard decisions, under more opposition though . Legislators, such as yourself, are flooded w ith e- mails and phone calls from many special interes t groups, attempting to sway your decis ions one way or another . Most of these people don't even reside in the communities in wh ich they are attempting to influence . As a resident of Englewood for the past nine years and a homeowner for the last three , I believe that some of you may be attempting to take the path of least resistance ... not the path that leads to good, solid communities . Many pro-pit bull articles make tatements about exploiting the fact that most aggression on the part of pit bulls or oth rho tile dogs , is the result of human interference . That is the same as saying all airline crashes are c us d by gr v1ty nd ground . Causality is not th product of proximity. Training nd t mp ram nt are factor Englewood City Council February 5, 2007 Page 18 in animal behavior, but breed is the largest factor contributing to aggressive behavior. People choose the breed of their pet for many different motivations and they should be allowed to do so , within reason . We do n ot allow individuals in our community to own plastic explosives, dynamite, nitroglycerin, hand grenades, claymore mines or bazookas ... because they are possibly dangerous to our community. And yet anyone with $200 .00 can purchase an animal that has been bred for the last 300 years to kill bears and just because it sleeps next to their two year old, it shouldn't be considered dangerous? That is not a responsible dog owner. In 2005 the American Medical Association reported that dog bites were the second leading cause of injury to children, second only to baseball and softball ... 333 , 687 people reported to emergency rooms for treatment associated with dog bites . Merritt Clifton, who is the editor of Animal People of Clinton, Washington has done one of the most detailed studies associated with dog bites . From September of 1982 to November of 2006 he studied 2209 animal attacks . 1172 were from pit bull breeds resulting in 104 deaths . Pit bulls constitute 2% of the dog population , but account for 42% of attacks and two-thirds of fatalities . Mr . Clifton stated if any dog had a bad moment , someone might get bit, but will not be maimed or killed and the actuarial risk is accordingly reasonable. If a pit bull has a bad moment very often someone is maimed and killed and that has now created an off the chart actuarial risk for which the dog , as well as the victims , are paying the price . As a health care worker involved in the treatment of individuals that have been attacked by pit bulls, I do not want to see what will happen as the communities around us ban these dangerous animals, but it is reasonable to surmise that more will move here , the problem will grow, people will be bitten and our safety will be lost. Yes, proper dog ownership is the responsibility of the individual, but public safety is your responsibility . A recent article quotes the ASPCA ... pit bulls and American terrier breeds are dogs that not only must be handled with special precautions, but also must be regulated with special requirements, appropriate to the risk they may pose to the public, the other animals , if they are kept at all. We the dog owners of Englewood ask you to do just that. Table your second reading on the 201h ... add legislation that truly protects this community from what is shown time and time again to be vicious , enfo rc e the laws that we already have and let the rest of us just be responsible dog owners . Thank you for your time and consideration . There was applause . Mayor Wolosyn said thank you . Janice Gerfen, an Englewood resident , said I am a person who does dog rescue . I go and pick up the dogs from the shelters , from the people who leave them there . A lot of times people drop off dogs at shelters that they consider vicious . People do not take time for their animals . I think if the laws were enforced , w ith what is currently on the books , then we would have the owners of these dogs taken care of. People are ir respons ible when it comes to own ing a dog . If the dog bites someone then someone needs to take care of that. .. I save all kinds of dogs , all sizes and shapes . It is not the dog 's fault that they were abused . A lot of times , it is the people that abuse these animals and nothing happens to them . There is good and bad in everybody. There is good and bad in dogs . There is good and bad in people . I don't think you should be able to ban specific breeds . I think that is showing a racial prejudice on it. I don't think it is right that they can do that. Not all dogs are the same . They are all d iffere nt and I think each dog needs to be looked at differently . They need to hold the owners of these dogs responsible for what is happening to them. These dogs got that way. All dogs are born good . They got that way ... bad ... from the owners not taking care of their dogs . I just think that owners ought to be made responsible ... hold the owners responsible for the dogs, because the dogs can't talk . They can only do what they have been taught. I think that is it. Mayor Wolosyn said thank you . There was applause . Tom Finn , an Englewood resident, said I'm sorry that Leslie left because we actually have one of her beds that myself, my girlfrie nd and her dogs enjoy . So , I am glad to see that she is moving in . The problem I have with the ordinance itself is some of the language . Again, back to what is considered an attack, especially just because it is considered an approach, specifically a terrorizing manner or appearance in apparent attitude of attack , a person anywhere within this City or a dog or cat that runs after and bites , barks or growls at any other nimal, bicycle or any vehicle being driven or ridden upon the City streets . I have a one -eye d Australian Sh ph rd who wa abused . He chases squirrels in my backyard . Under the definition of ttack ... he attacks the qu1rrel A tat d , h only has one eye , he 1s not very good at it and the squirr Is red finitely one up on him nd th y do t him What I would r lly hk to happ n is to see pos 1bly th d f1nition of tt ck contain ( ( Englewood City Council February 5, 2007 Page 19 linkage to the bodily injury clause ... a definition that you have in here to address injury, that an attack would actually be an injury to a human or domestic animals . And also have that then brought into what is termed a vicious animal. Again , it all goes back to approaching in an apparent attitude of attack ... that is not defined. It is very vague . It is all going to be upon whoever is approached , how they feel. I don't know why we can't just have it defined as any dog or cat without provocation bites a human being or bites another domesticated animal that results in bod ily injury. It is short, it is sweet and it gets right to the meat of what an attack is . I would also then like to jump to the vicious animal definition. Here, basically , you have a three pronged definition . The second prong is the one that I am concerned about ... "without provocation, any person or animal on public or private property in a terrorizing manner with an apparent attitude of attack ." He said back to my Australian Shepherd ... he would be considered a vicious animal under th is letter of the law by chasing the squirrels in the backyard . I understand that, that is not the intent, however that is the way the ordinance is written. If that is not the intent, I am asking you to rewrite the ordinance . I know that you have no ambition , nor do the prosecutors, of branding my dog as a vicious dog . However, you cannot, down the road, speak for whoever comes after you or whoever the prosecutors are that then could take this definition and apply it to my dog or my cat that chases a mouse in the house . I think that we really need to also define back to ... terrorizing manner, the apparent attitude of attack . I think there needs to be a standard of some kind of demonstrated tendencies that would cause a reasonable person to believe that the dog or cat may inflict serious bodily injury upon or cause the death of any person or domestic animal. I also understand that part of this was to address a dog that is inside a fence and a person who is walking by the fence . And I have wrestled with this myself, because at our first house in Englewood we lived next door to a dog named Turbo who was kept in somewhat of a shoddy fence . He, I think probably would have bitten me had he gotten out of the fence. I would also like to see , if we are going to delve into this, I would like the City Council to take a stab at ... if a dog is perhaps thought to be dangerous ... to maybe go back and add some language to say what kind of fenc ing it needs to be . Not the vicious fencing that is in here, but stipulate the fence should be a certain size, in good condition and if there is a problem, someone from the City would go out and inspect it. I would also like to see language added that ... back to the reasonable person ... to act in a highly aggressive manner , the dog within a fenced yard or enclosure ... ! think it is just. .. you are casting such a wide net with this , that I am a little bit worried about it. I saw the mail carriers that are here tonight. I have read some of their comments in the previous October 2, 2006 minutes . In there they mentioned an unrestrained dog that was off the property that for some reason could not be handled . There was also mentioned of a dog that jumped a 30 inch fence and then attacked ... back to possibly some type of fencing , language that could be added to address this . They have every right to do their job and it seems to me like, if we need to hire an additional. .. you know , someone to work that animal side and get some of these dogs under control , because that would be a better process to handle it, rather than dragging me and my one -eyed Austral ian Shepherd into this . I also have a problem that you never know what is going to happen and if we don't ge t a handle on the dogs ... and some of the vicious dogs out there ... what is going to happen is , again , as on Octobe r 2nd a lady states that her dog got shot. I don 't know all the facts, other than what was said he re at the meeting, but it seems to me that it was a nice calm dog . Mr . Finn said one las t thing real quick that I think is very important. The Colorado Statute which is in place for dangerous dogs . Have you guys looked at that? And if not , it is Colorado Statute 18-9-204.5. It explains a lot of the stuff that I think you guys are trying to address . The ASPCA has come out and spoke highly of this . A lot of the dog owners have spoken highly of th is. I would like it to be used as a model. Thank you . Mayor Wolosyn said thank you for your comments . There was applause . Lisa Sickles, an Englewood resident, said I am used to talking to people who have dogs with them , so I will be reading tonight, sorry . My husband and I have owned a home in Englewood since 1998. We do love living in Englewood and we plan on remaining here . I am also a professional dog trainer . I am a certified dog trainer through the Certification Council of Professional Dog Trainers . I am a member of the Association of Pet Dog Trainers, a member of the Internationa l Association of Animal Behavior Consultants and I am an evaluator for the Amer ican Kennel Club Canine Good Citizen Test. I have been teach in g group classes and conducting in- home behavior consult since 1999 . I first want to thank Council for allo wing all of us to come here tonight and speak our views . I appreciate that. I do believe that strong and enforceable dog laws need to be in place, for the public, as well as for the well being of the dog . I have a few points to make on the proposal. Some of them w re touched on already . One Is, under Article A : Dogs and Cats , Section 7-1A-1 Definitions : Attack . Again u 1ng th word attack ... to define attack ... is very vague and confusing to me . Could it be worded d1ff r ntly p rhaps u ing th t rm bodily harm or er iou bodily harm For xampl · ny dog or c t that Englewood City Council February 5, 2007 Page 20 without provocation as defined in Section 7-1A-10C of the Englewood Municipal Code ... bites or inflicts bodily harm or serious bodily harm to any human being or domesticated animal. I am concerned that in the current definition, the dog could be defined as having attacked if he barks or growls at animals, bikes or people . The wording "apparent attitude of attack and without provocation" is vague to me and is open to a broad range of interpretations as there would not be any proof that such an incident took place . As a behavior consultant, I see many dogs that will jump, bark or growl and are not at all vicious . They would not attack. Most of them are fearful and they would run from you . I do understand that the public could be frightened of such a dog . My concern is that these dogs would be labeled vicious with no way for the owner to downgrade that status . Is it possible for an owner to have a professional assessment done and after a specified time in the presence of training and/or behavior modification to have the vicious label downgraded? The determiners of viciousness could be defined, could be a panel, preferably containing dog professionals such as one veterinarian, one behaviorist, one animal control officer and one trainer . Could there be an appeal process that is evidence driven ... have it go through the court system so that due process could be served? This would give the respons ible dog owner an opportunity to better the situation for the public themselves and the dog . The irresponsible dog owners do not consider dog ownership a privilege . The dog is disposable to them and they will euthanize or dump the problem dog and replace it with another . This second dog, in my experience, will have the same behavior problems as the first dog . I believe education is the key to having a good enforceable law for Englewood. I actually have a plaque in my office that reads, "Behind every successful dog is an obedient owner." I find this very much to be the case . We have to realize that dogs are not furry little people and that they communicate very differently than humans . A bark or growl can mean many things . I teach new puppy owners how to distinguish the good vocalizations from the ones that could indicate a problem . They are often surprised . The owner's first instinct is to tell the puppy not to make a sound, but that would be like punishing a child for telling you he was scared . The public needs to know that they can report a problem dog and that it will be taken care of in a proper manner. The dog owner needs to step up and take responsibility for their dog .. .from providing proper care , which in my opinion includes training, to cleaning up after the dog, not allowing excessive barking or allowing their dog to escape the yard and be a nuisance to others . If they already do this, they will be happy to pay for an evaluat ion process to have their dog downgraded from the vicious label. No responsible pet owner would allow their dog to be locked up and muzzled unless the dog truly was vicious and then they really need to take a look at quality of life for that dog. A few other points I would like to address are on the issue of tethering a dog . I know that somebody else is going to be speaking on this . Could the wording be more specific to not allow a dog to be tethered or chained for longer amounts of time? I do not see anywhere that addresses this spec ifically . I did see that an enclosure should be provided, but I'm afraid that cha ining would still be happening . There are many articles available on the danger of chaining a dog for lo ng periods . And in the Exception : 27 -1-10A Conditions for keeping a vicious animal , Section K: In specify ing what would be used to construct a secure enclosure ... could a spec ific gauge of wire be mandated? I bel ieve the most common for th is use is a 9 gauge w ire . The Coalit ion for Liv ing Safely w ith Dogs here in Denve r has some won derfu l ha ndo uts av aila ble on th eir we b sit e. I am not s ure yo u have seen an y of those ... I brou gh t you copies . There are tips for dog owners and recommendations for communities on how to put together an effective policy. So again, my concerns are that once these dogs are labeled vicious , they will always be vicious . There is nothing in place to allow a responsible owner to try and get that label downgraded . Thank you . Mayor Wolosyn said thank you . There was applause . Dave Paschal , an Englewood resident, said I am just really pleased with what I've been hearing tonight, because it echoes almost everything that I have been concerned about. I too , think that this is too broad and it seems to all h inge on perception . The defin ition of a vic ious animal hinges on perception . The defin ition of attack is , again , percept ion . What I think would be a good idea is if you folks could cons ider stepp ing back and in on e of your pr ivate sess ions ... maybe the next one ... you 've got a good list of dog owners there ... call in a few an d have them s it down ... talk to them d irectly , then use the resources that has been suggested to ni ght and I th ink yo u c an come up w ith a really good ordinance. I don 't see any reason why not. The only other prob lem tha t I have w ith it is that we are elimi nat ing ow ners ' ri ght s by k ick ing off 1A-11 . You n eed to look at tha t. So , step bac k , re v isi t thi s and u se the res ou rc es availa ble . Than k yo u. Th ere was app la use . D v1d Br r ton , n Engl wood r id nt , id th i sue that I have p rtain ing to th dog ord in nc i n um b r o n , I JU t w nt to th nk you for t I t t ing om st p to tr ngth n th dog ordin nc ctu lly I Englewood City Council February 5, 2007 Page 21 appreciate that. The issue that I have pertains to one of the affirmative defenses and that is Affirmative Defense No . 5 which states that. .. it is an affirmative defense, the charge of vicious animal, that the person or animal that was attacked, bitten, clawed or approached by the vicious animal was attempting to stop a fight between the animal and any other animal. I am a dog owner. I am out with my dog quite a bit. My wife and I and several others ... at least three days a week in the warmer weather months ... meet at the Mile Hi Coffee in the morning at about 6 a.m . and we go for a run . We always take my dog with us and there have been a few occasions ... certainly where we have been approached ... none where we have actually been attacked ... by aggressive animals . And, it occurs to me as I read this that, as somebody who is out with their dog ... the ordinance is going to have no affect on me, because it is going to be assumed that I am breaking up a fight between the vicious animal and my dog. So, I think the end result of this is that there is really no ... the ordinance as proposed really provides no protection for dog owners who are attacked by other aggressive dogs . I guess my suggestion would be to either strike Affirmative Defense No . 5 or to have some provision in there for ... except for the owners' attempt to protect their dog . That is all. Thank you . There was applause . Lori Beauregard, an Englewood resident, said I have resided in Englewood for approximately 22 years . I have been an Englewood carrier for 21 years . I approached you earlier in October on an issue on an unrestrained dog . My situation has gotten worse . On January 291 h, I was approached in an aggressive manner by these two animals. It so happens that the owners were out of town and the person looking after the dogs didn't have much control over them . Mail was curtailed to those customers that lived on that block, because I was not able to do my job in a safe manner. I appreciate all the time and effort that has gone in to looking into the vicious dog ordinance and making the consequences stiffer for the irresponsible owners that are not stepping up . I would say that 99% of the dog owners on my route are excellent , but there is that 1 % that continues to think they have the right to make my work area unsafe and refuse to change their behavior . I have gone to Code Enforcement numerous times . I am not getting anything from Code Enforcement. I have now been told, at two different levels ... a Code Enforcement officer told me that her job is to write the summons and from there it is out of her hands and she has no control of the situation . I talked to a Supervisor today and he said because I am the only witness to seeing these dogs at-large, that they can 't prosecute this . So, now I am being told that on top of doing my duties , they need a video tape . I don 't know where else to go with this . We are not safe in your front yards with an unrestrained dog . We really need this to change for safety purposes . I don 't see any other way around that. So, I hope that you will look into this and take into consideration that what your front yard looks like is not the same as a different area . We are all dealing with some really serious dogs and I would like to invite you to walk with one of our carriers and find out what we are dealing with on a regular basis, because a lot of these customers are saying that the C ity of Englewood g ives us the right to have our dog unrestrained in our front yards . So therefore , we have no cho ice but to deal with it. And , it is unfortunate that all of our dog owners are go ing to have to a bide by the same rules beca u se of the fe w that ha ve no respect. Thank you . There was applause . Charles Egloff, an Englewood resident, said I am a landscape gardener and a handyman . I go into a lot of backyards . I know a vicious dog from a nice dog . There is no doubt in my mind that certain dogs are more genetically ... certain dogs are more apt to be dangerous than others . And one of those dogs, unfortunately I hope I don 't offend many of you, but one of those breeds is the pit bull . They have been breed .. .face it. .. to fight, fight to the kill. That is where they get that name ... pit bull . I would like to tell you a little story . One of my other hobbies is walking . I like to walk, and walk and walk . I have a lot of energy an d it helps me to relax . I was walking on Acoma Street. .. the street I live on ... and was walking north towards downtow n Englewood and I was on the 3600 block of South Acoma Street. .. on the west side of the street , minding my own business, just walking along ... and low and behold this pit bull jumps out in front of me . It started barking and growling and I was aware of what kind of breed it was ... had all the physical characteristics of a typical pit bull. I didn't have a wenpon or anything, so I wasn't about to mess with this dog ... this vicious dog , In my opinion . So, I tried sweet t lking to that thing and he just kept on barking and growling . I attempted to step off the walk and went over toward th curb to get around it, because I was determined to continue my walk in the direction I had started out 1n And that damn thing jumped out and blocked my way again I continued to talk to it and it just stood th r .it stond ,ts ground, and growled and bark d, so, I continu d to sweet talk to It and I moved back on to the 1d w lk nu that dog mov d back 1n front of me. I had nev r n this dog b for and I did nothing to 1nt1m1d t ,t , but 1t wouldn 't I t m by So , th r w om guy lo ding up v h1cl cro th tre t. .. on the t 1d o l\r-om • in th 3 00 bloc nd I y II d to him I 1d, h y, i t I your dog nd h 1d no I 1d 1 won't I t m by And , one w t t t con r tion. for o r on th dog too o nd Englewood City Council February 5, 2007 Page 22 ran over to that guy and into the front yard of where he was loading up his car. So , I went on my way, but you know, I was there ... it seems about five minutes trying to deal with this darn dog. Like it or not, some breeds are more inclined to be vicious than others . I am not familiar with the ordinance . I apologize that I'm not familiar with the ordinance and I am not familiar with the changes you are considering, but there needs to be special consideration for vicious dogs of this nature . And I hope we get it before someone is mauled and there are legal suits that are going to cause a lot of grief. So, good luck and I will support improving the ordinance. Thank you for your time . Mayor Wolosyn said thank you. There was applause . Lisa Sahei, an Englewood resident, said I am just going to echo some things that have already been said . don't thing I have anything new to share and that is just that the definitions contained in this ordinance . The definition of attack : approaches in an apparent attitude of attack ... I would just echo that, that is very difficult from an enforcement standpoint. It is very difficult from a dog owner's standpoint to understand what that means and I do think that it is too subjective and it does put the ball entirely in the hands of the person who perceives that. That is also the definition of a vicious animal. I think under this definition, my dog, who is just a sweet mutt, would be a vicious dog. I think dogs bark for a lot of reasons . A lot of times they bark because they are scared or because they feel like they need to be protective. It doesn't mean that they will actually, physically attack and injure somebody . I think the City Council's goal is obviously to further safety and I think we are just going to create a lot of headaches with the language you have here . With all due respect to the owners of pit bulls and other dogs of that nature, I do think that if you want a gentle dog to play with your kids, you are probably going to get a Lab or a golden retriever and not a pit bull. That is my personal belief. I understand that other people will see that issue differently. In my experience for the last 20 or 25 years, both here and in California where I lived before, I don't generally hear of attacks by Australian shepherds, where somebody is physically , seriously injured or permanently disfigured . You don 't hear of a golden retriever sort of putting somebody in that situation . So , I do think some attention needs to be paid to those kinds of breeds in terms of upping the responsibility of dog owners . If they want to have those dogs, that is fine, but there is additional responsibility that goes with that type of a breed . That is really all I have to say . Thanks so much . There was applause . Dane Stephenson, an Englewood resident, said briefly I am just kind of echoing as well the situation concerning the word, vicious . I am a co-owner of a pet sitting company here in Englewood and we have clients who have dogs ranging from the pit bull down to a miniature dachshund . The situation with the word, vicious , while I completely empathize and sympathize with the mail carriers and people that have landscaping companies and businesses where they have to actually go into someone 's backyard, I think it is a matter of public education . And since Denver has decided they are going to ban pit bulls , I would like to see Englewood step up and make more of a public education on breeds and animals and kind of redefine the word vicious . Just because what someone might perceive as a vicious dog, again it may be just a dog that is terrified or has been abused in the past and therefore, you know, it is just reacting out of fear . If an advisory board can be set up in the future for the public education of dog breeds and I guess situations with vicious cats, which is kind of new to me, I think that would be a wise decision on the City's part. Thank you for your time . Mayor Wolosyn said thank you very much . There was applause . Barbara Larsen, a resident of Littleton, said I have been a carrier in Englewood for 14 years . First of all, I want to thank you all for giving me the opportunity to speak this evening and I appreciate the time and effort that you've put into this . I started my career, as most carriers, by doing different routes every day. When you are exposed to different neighborhoods , you learn where the good and the bad dogs live . When I got my first route, it became a little easier ... now I only had to pay attention to certain houses . It came as second nature to approach a particular mail box with an extra sense working . If I heard this dog, I knew where he was and I could make that delivery safely . Certain houses had really loud dogs, which wouldn't let me near the box without notifying the whole neighborhood that I was there . Some front doors have screens that don't latch . As a carrier, w have to be aware of everything . We have to be aware of our surroundings . You are given approximately 30 s conds at ach hou e . My first attack came wh n a small dog that harassed me for about a year finally got his fr dom You could it in hi y Th httl girl came running out of th front door on a Saturday afternoon ying th m 111 h r , th m 111 h r nd h r com Tig r right b hind h r. I kn w h h d me nd I h d no wh r to o I h d my tch I 1n front of m nd I thr w It t him nd h gr bb d th tch I nd I flung him Englewood City Council February 5, 2007 Page 23 in the air and he did not bite me. Is that an attack? I think that is an attack . The Post Office issues dog alert cards and I've got a copy here that I was going to give to you all, just to let you know what the Post Office does to let each carrier know when they carry on that route , there is a dog at this house and be careful ... watch what you are doing . We are constantly told not to feed, pet or interact with pets on our routes ... remember, we have 30 seconds . We are told not to approach loose animals even if the owner is present. And in your proposal, if the owner is present the loose dog is not considered at-large . However, as a letter carrier, we are not allowed to approach a loose dog . So I am not sure of the wording there . I can tell you that on my route I know the owners who have voice control so I know the dogs are not a problem . It is when I am helping out on other routes that I don't know . I will always error on the side of safety for me and for the dog. It is not good for me if I get bit because of the potential losses and it is not good for the dog because he may lose his life . I do not think allowing dogs to be loose with their owners present is okay. We had a carrier bite last month by a dog who was standing behind his owner as he was given the mail. The mailman was told to walk it off. Mike, the carrier , called the supervisor and he spent three hours in the emergency room . Three hours is 12 blocks ... that was 12 blocks that needed to be carried by somebody else . Carriers are being placed in an awkward position ... we want to deliver the mail , but we want to do it safely. I also want to make it known that unless this proposal is enforced we are just wasting our time . I feel that if Code Enforcement is our main shield against vicious dogs, we need to develop a closer relationship with them . We need to let them know where we are having problems ... which houses in particular. Finally, to sum it up , thank you so much again . I have a list from a carrier in our office who speaks very little English, but he is on a very doggy route . We know what doggy routes are ... they are usually ... generally, lower carriers who just started in the Postal Service . He gave me a list of about five houses that I would like to pass on to Safety Services , if I can ... just to let you know that he is having constant problems with these dogs. Thank you very much . Mayor Wolosyn said thank you . There was applause . Brook Dougherty, an Englewood resident, said I talked to you a couple of weeks ago. I work across the street at VRCC . I work in the emergency department as a veterinary technician and I have been doing that for six years . I have to say ... dogs are dogs. The way dogs communicate is barking and that can be distinguished to be happy barking, scared barking , vicious barking and whatnot. And, you can't change a dog and that is just what they are going to do. So with your definition of attack, you are basically not letting a dog be a dog . I think private property and a fence ... I am very glad that my dogs bark, because thrre or four nights out of the week my husband is not there . My dogs are there to protect me, so I am very happy that my dogs bark . I think that is very important. If any of you have ch ildren , I am su re that if your daughter lived alone that you would want her to have someone to help her protect and alert her to someth ing that she may not normally be aware of. I th ink that is very important. I do not think there should be any reason for a dog to be off leash , unless they are in a de s ignated area to be off lea sh. This is for the sake of ma il carr iers, for us who go on walks and I work in the emergen c y dep artm ent an d I se e d og s h it by cars every we e kend , beca use the owner thin ks that the ir voice command is going to be over a squirrel or a cat. .. that just doesn't happen . So, I think somewhere there nee ds to be absolutely no off-leash regardless of the owner being in the front yard or not, for the safety of everyone . That is what I have to say. Thanks . There was applause . Judy Gee, a resident of Littleton, said I do own and operate a dog day care ... Doggie Paws ... here in Englewood which is at 3242 South Acoma . I have some of the same problems wi th so me of the definitions that many other people have addressed tonight. I won't go into that any further . I di d w ant to talk a little bit more in de pth though about the tethering proposal. First of all, I would like to really commend you for beginning to ad dress this issue. Tethering is something that is a huge public safety issue . Allowing dogs to be tethered for any significant period of time presents a danger to the community, regardless of the length of the tether. The psychologists. behaviorists, veterinarians and other dog professionals who agree with this statement are legion and there are many studies to support it. A special report in the September 15, 2000 issue of the Journal of the American Veterinary Medical Association cites a study showing that 17% of all fatal dog attacks occurred while the dog was tethered . CDC studies have shown that a tethered dog is nearly three times more likely to attack than a dog that is not on a tether. In 1994, a group of physicians in the Denver area ... a group of pediatricians ctually . did a study of local dog b ite cases . They looked at 174 cases and found that 32% of them involved t th r d do . For the safety of the community, I ask that you rev isit the restrictions of this ordinance and roh1b1 t t th ring of any ort for any period of time . This would al ob a great boon to the dog who now live rni r bl hv on t th r . If compl t proh1b1t1on , not fe 1ble, du to nforc m nt con tram ts , I ugg t th Englewood City Council February 5, 2007 Page 24 tethering be prohibited at least during the hours when animal control personnel are on duty . This would facilitate reporting and the investigation of infractions . I also believe it would be prudent to specify that allow ing any tethering at all be some distance, to be determined , from the public right-of-way and finally this section of the Code should definitely specify , at minimum , that any tether be attached to a well fitting, non-choke type collar or harness and be equipped with a swivel at either end . Thank you for hearing this ton ight. Mayor Wolosyn said thank you. There was applause. Becky Deal , an Englewood resident, said I have been a resident here for over twenty years now . I would like you to meet my vicious dog. Some of you might laugh , but he can be a vicious dog in different contexts . Right now he is very friendly and very loveable, but if you approach him on his property , he has been taught to protect his property and family ... which is me and my kids . That is why I have a dog. I have a dog to protect what belongs to me . If someone approaches my house , yes , he barks . That is why I have a dog . I want to know if someone is going to approach the house . He has a back yard, has a gate and we have a driveway that goes through there , so the gate does open and close for our cars to go through . I sympathize with the mailman . He has been out. He does charge ... he has never left his yard . Like I said, he can be a vicious dog . Although right now you would never tell. Certain dogs are breed to be vicious ... some of them have gotten a bad rap . My daughter owns a chow-chow, purebred ... but handicapped ... born with no eyes . But it also chases squirrels in my back yard . You would never know this dog was blind, but by the word, attack , it is a vicious dog . A lot of the meanings need to be worked on . Animals, like I said, in different contexts can be calm or aggressive and a lot of homeowners have dogs for the ir protection . Like I sa id, I want to know if someone is coming up to my house . That is all I have to say . Thank you . There was applause . Glenn Searfoss , an Englewood res ident, sa id I have lived here about eight years now . I have had a chance to review the ordinance and do a little research on my own and there are a couple of areas that I think I have some concerns with . First , I would like to thank everybody who has spoken before me . It is going to allow me to summarize some of my comments . Fundamentally , the language ... apparent attitude of attack ... is pretty vague . It should be just dropped . There is no need for it in the ordinance at all. If you are going to define attack , define it as bodily harm ... something along those lines . Give a hard, black and white definition . The new ordinance drops the old "two strike" law and opens it up for the idea that people no longer have a way to mitigate a scenario ... either an attack or dog at -large. They can no longer do anything, because you now have the ability to come in and confiscate the dog and/or kill it w ithout not ifying the owner. I think that needs to be changed and probably have the "two strike" law put back in place . In addition to th is, I've got some ideas . I've got some concerns about how the ordinance will impact the community, especially as it goes to responsible dog owners . One of your penalties that you put in pla ce , is $100 ,000 .00 liabil ity coverage . My experience with insurance companies is that they are not go ing to cover anybody or any dog that has a history of any k ind of bite . People w ho do n't ha ve the opt ion of getti ng the insurance, they are go in g to ha ve to kill the dog . Bu t, in add ition to that , you also have the 5 x 10 fence ... well, that is a cost that some people can afford and others cannot. All the costs, including the costs associated with any kind of impounding or court costs, a responsible dog owner may be willing and able to pay those costs . However , non-responsible dog owners may chose the expedient of simply killing the dog and getting a new dog . This potentially begins that whole cycle again, of the dog becoming determined dangerous or vicious or whatever . Alternately, you have dog owners who will simply choose to m ove out of Engle wood . That is what they have seen in Denver and Commerce City, when they have enacted some of their ordinances . There are also intangible costs to the community . Some of these intangible costs are ... they are not money ... they are how people are going to interact with each other with enforcement officials . Such an ordinance as you've got now may encourage some people to go underground and not get their dogs vaccinated , get vet care in general, maybe not even go and pursue any kind of socialization or training efforts . The confiscation impoundment and the possible killing of an animal is going to cause some people a lot of concern, especially in the family where the dog is taken out of and in the community of that dog in general. And , this whole thing can also just generate the same thing that it has done in other cities ... it just g nerates a hyper fear about dogs . And then we've got to also take a look at the potential for a negative back lash of such an ordinance . With the trust and cooperation of the community members, with the enforcement offlc1 Is , you start taking dogs out of places , you start imposing that kind of se\, re restrictions without people b 1ng abl to do nything to m1tigat the circumstanc , and you are going to have some problems . So, I think th typ of int ng1bl hav to b con 1d r d with th1 ord inanc . I also like the comment on ome of the th< t om of th p opl 1d nd bout th pot nh I xp n 10n of th1 ord1n nc to 1nclud br d b n . l Englewood City Council February 5, 2007 Page 25 During the January 8th session, when I was here, I think Council Member Barrentine mentioned that a breed ban was still on the table as a study topic . And as per your January 24th Englewood City Council, tentative Study topic outline for 2007, your future Study Session topics includes pit bulls . So, are you considering or are you looking at a breed ban or are you even going to just take a look at that? Breed bans in other cities have resulted in a number of pit bulls being impounded and k illed. In Denver they have killed 1039 as of today, but it has not actually resulted in a significant drop in the bites . And this is as per an e-mail in your study records from Peter Marcus of the Denver Daily News and his interview with Doug Kelly, the Director of Denver Animal Control. The cost of such an ordinance on the community would include the same as I mentioned earlier plus you may even face potential increase in funding for impoundment and monitoring of animals that you've consider to be dangerous . Based on your Council Request 06149 : Animal Control Statistics for the period January through October 2006, there was only 1 incident out of 25 of a pit bull bite on a human . I don't feel that exposing our community ... in this regard .. .for this particular issue ... to the potential cost ... based on the reality of one bite ... is reasonable . Thank you. There was applause . Brian Verbeck, an Englewood resident, said I wrote this so I will keep it brief. We all know that City Council makes difficult decisions and we all appreciate your time and efforts in understanding all sides of all issues . My issue is also regarding the dog ordinance. However, it pertains to understanding of due diligence . We are not directly attacking the ordinance as a whole , but a bigger picture, which I am famous for. On the part of a perspective of a new resident in Englewood, we all have the right to any and all amenities we wish in our own homes . For example, peace and quiet, safety, durability or anything else we desire. We also have the responsibility to determine if the house we want to live in is in an area that would provide those amenities that we desire. We don't have the right to move into a home where we have not done due diligence and expect the neighborhood to alter behavior patterns that have not been deemed a nuisance or harmful to itself or others . It is unreasonable for a neighborhood or an entire City to be forced to adjust beyond reasonable efforts to accommodate a person who has clearly not done due diligence before deciding to move into a neighborhood . I'm reminded of a Colorado land use case in Larimer County where a large parcel of agricultural land was subdivided for residential use. Adjacent to the subdivision was another parcel of agricultural land that had been for three generations and still continues to be a working pig farm . Appropriate due diligence would be ... it is obvious, I think ... do I want to live next to this operation, the noise, the stench, possible runoff, large trucks, etc . A gentleman chose to purchase a house in the subdivision without doing his due diligence . However , after arrival in his new house , he promptly complained to his County Commissioners that the stench was unbearable and wanted it to cease . He was informed that it was his choice to purchase the house in which he lives now . The area had been in agricultural for years before his introduction . It was also inappropriate and unreasonable for h im to ask the pig farm to cease operation simply because it bothered him . Without due diligence, the case was invalid . I believe this is a parallel to the same type of discussion where a neighborhood has a major ity of dog owners ... whe re all the owners made conscious choices to own and care for their dog or dogs as pets and companions . Occasionally the dogs will bark. If this is a situation that would prohibit the amenities desired, then one may wish to look for another, more appropriate neighborhood . So my statement is that there are lots of sides to the argument and whether pigs were there first or not, that is not the issue, but more of what is going to be accommodated and who does the accommodat ing . Thanks . Mayor Wolosyn said thank you . There was applause . David Weber, an Englewood resident, said you have already heard a lot about the overbreadth of the statute that would define a vicious dog to include anything from a dog that growls in defense of another passing dog, an outdoor cat that goes after a mouse or a dog chasing a squirrel in its own yard, so I won't reiterate all of that. I think I would like to start with questioning the very necessity of a vicious dog ordinance in Englewood at all. The State of Colorado already has a comprehensive statute that defines and regulates dangerous dogs . Arapahoe County already has a comprehensive statute defining and regulating both vicious dogs and aggressive dogs and nothing prevents those laws from being enforced here . Both of those laws do much better Job of clearly defining what a vicious or an aggressive dog is and do a much better job of clearly defining how a vicious dog is to be labeled and determined is vicious and what to do in a scenario when a dog is labeled vicious . I don't see a need to reinvent the wh el when effective statutes and ordinances already exist. To the extent that Englewood does f I th n d top uch an ordinance, there r m ny ~lac to look for b tt r crafted ordinances rather than nc wh ch 11 pp ar thi wa mod I d rt r . \'/h1ch I b lleve wa originally utiliz d in S n Francisco , nd th n p d in v r I oth r pl c but S n Fr nc1 co, C llforn1a h much d1ff r nt 1tu t1on Englewood City Council February 5, 2007 Page 26 with respect to dogs. There are very few dogs in fenced yards . Dogs are generally inside or outside on a leash. There is not the open space in the fenced yards that we have here and the statute simply really doesn 't apply here due to its overbreadth . An individual speaking on behalf of a pit bull ban quoted part of an ASPCA study, but failed to note that the ASPCA strongly is against any breed specific bans . However, the ASPCA does have guidelines for vicious dog ordinances and the proposed ordinance in Englewood falls woefully short of many of these guidelines . I would like to go through a couple of them ... better things that I think should be addressed in any ordinance that is passed . First, pretty straight forward is the fact that any law should insure that common puppy behaviors such as jumping up, rough play and nipping are not deemed evidence of dangerousness or viciousness. That is something that is not accounted for in this ordinance . Probably more importantly is the fact that once a dog is deemed dangerous or vicious, the court should have at its disposal a range of dispositions from which to select those that suit the needs of a particular case . Here, once the dog is labeled vicious , there is one way to handle it. The options provided or suggested by the ASPCA include evaluation by a certified applied behaviorist or a board certified veterinarian behaviorist and completion of any training or other treatment as deemed appropriate by that expert; spaying or neutering; secure humane confinement; direct supervision by an adult whenever the dog is on public premises; and including tilings such as muzzling in a public manner that prevents a dog from biting . I think most important of the things that were left out in the Englewood ordinance is evaluation by a certified behaviorist. Another significant problem with the proposed statute is it provides esseijtially unfettered discretion to a municipal judge to decide when to euthanize a dog . There are no guidelines whatsoever. It simply says that if the court so decides, the dog will be euthanized . Another of the ASPCA guidelines states that euthanasia or permanent confinement of the dog, being the most extreme remedies, should only be utilized when the dog, without justification, attacks a person and causes serious physical injury or death or where a qualified behaviorist, who has personally evaluated the dog determines that the dog poses a substantial risk of such behavior and that no other remedy will make the dog suitable to live safely with people . The statute or the proposed ordinance, as written, gives unfettered discretion to an individual with no experience in handling or caring for dogs , necessarily , to make the decision to put down a dog . It seems to me that there have been too many issues addressed at this meeting . One is at-large dogs ... well that is covered by a whole other section of this ordinance . You can't have your dog out loose . And the second is, postal carriers who have a problem when they enter into a fenced area where there is a dog . And that is because the mail boxes are on the house rather than outside the fence . And to me, what that essentially is , is a Federal regulatory issue about the location of mail boxes . It should be addressed by the Federal regulations saying where the mail box has to be regulated or when a postal carrier can choose not to deliver mail. That is not something the City of Englewood can do . They can 't mandate the location of mail boxes . The Federal government however, could simply say, if you have a dog in the yard your mail box needs to be outside the yard . That is a simple solution . Unfortunately that is not something available to you and I don 't think the postal carriers are necessarily turning to the right people to attempt to solve their problems . Thank you. Mayor Wolosyn said thank you . There was applause . James Campbell, a Morrison resident, said I have been a letter carrier in Englewood for 32 years . In March of 2004 I was delivering on Corona Street and we have had a problem at this address with a dog before . The dog had attacked a carrier before . The dog had attacked a little girl coming home from school. The owners had been ticketed then and the owners had also been cited for a dog at-large . The Postal Service ordered them to move their box to the street and keep the dog confined during delivery hours . On a Saturday at 2 o'clock in the afternoon, I came walking down the street and the two rottweiler dogs ... the two dangerous dogs ... were in the yard with a 30" chain link fence . I determined then I was not going to deliver there and I went out into the street to avoid these dogs. One of the dogs jumped the fence and came after me . In backing up, I tripped, put my arm out to catch myself, I tore up my rotator cup and my bicep tendon . The dog did not bite me. I was off work ... not carrying mail. .. for nine and a half months . My lawyer estimated the cost at over $115 ,000 .00 to the Postal Service, the workmen's comp and to myself with lost wages and everything. The owners of the dogs w re ticke ted , brought in and they paid their fine . They paid none of the $115,000 .00 ... none. They got off scot- free . As soon as they could, they broke the lease and moved out of Englewood . My lawyer determined that these dogs had been a problem some place else, because of the way they reacted and he had probable cause to think this . I've talked to many other people who have said we are responsible pet owners ... we moved from Auror or D nv rand brought our dogs to Englewood ... vicious dogs. The ordinance doesn't go far enough in d fining v1c1ou You might hav a v1c1ou dog in Englewood thi w k and a viciou dog in D nver and bring th m h r to ngl wood to t w y from 1t. Th p opl th t h v th v1c1ou dog hould h v om ind of ( Englewood City Council February 5, 2007 Page 27 liability insurance . I think the size of the dog and the breed of the dog should be a determining factor for what this insurance should be, because ... like I said , these people got off scot-free and didn 't have to pay a thing . As postal carriers, we are taught that any dog that approaches us is a dangerous dog . You get this in basic carrier training school. .. that any dog that approaches you is a threat to you . You don 't have time to react and say ... is this a nice dog or not a nice dog? We don 't have time to determ ine that in a few seconds . There was an incident that I had recently of a dog hitting a door and was through that door within two seconds . I had to react to get a satchel down, drop my mail and defend myself. The dog did not bite me , but was that an attack? Or was it an approach? I think , you know, that maybe some more work does need to be done . I think vicious should be strengthened and approach of a dog should be strengthened too . Thank you . Mayor Wolosyn said thank you . There was applause . Cynthia Searfoss , an Englewood resident , said I have addressed the City Council before and I want to thank everybody for staying so late tonight. I really appreciate it. I am not going to reiterate the comments everyone has made on the language involved in the vicious dog definition . However, I have produced a document for the City Council members and I have outlined alternative language sources for the ordinance , should they decide to go ahead and use that type of code in the Englewood statute . I have listened to the problems that our community has . I also have these statistics that Englewood Safety Services were able to provide me for the year 2006 . We had 25 dog on human bites last year and we had 502 dog at-large charges . We definitely have a dog at-large issue in Englewood . I feel that we need to address that, in my opinion . My opinion is 25 dog bites ... when the City of Denver ... our sister city ... had almost 200 last year ... we don't appear to have a vicious dog problem in Englewood , so why are we trying to address a problem that we don 't have? Furthermore , I brought with me ton ight a document from the American Veterinarian Medical Associat ion that encourages commun ity involvement , education and a Board of Appeal and Committee Approval to try to bring both the City Council and the community members at large together to define animal code that is reasonable for what the community actually can demonstrate as community needs and provide a basis so that our Code Enforcement officers have some chance of enforcing code . Also, I would like to comment that several people have stated , and the postal carriers have definitely stated this evening , that we need additional animal control help in our City. We need more Code Enforcement staff to deal with this issue . We do not have Code Enforcement staff available on the weekends . We do not have Code Enforcement staff available when all of us get home from work at night. I feel that if we had more reasonable code to enforce and that we had a presence in the commun ity , that perh aps we could m itigate any future problems we may have w ith animal violence in our commun ity before it grows to that point. I would like to see us come up with a solution that involves some of the sk ill that we have ha d presented ton ight, because we do have an imal service professionals in our community that a re willing to he lp us. I hav e a lso talked with bus iness owners ... many of them are he re th is even ing ... who have ex pre ssed frus trati on with th is issue to o and many of the ir assoc iat ions are saying to me ... Cynthia , wha t can the animal community bring to us so that we can co mmunicate to people ? Wh a t a re ou r community values regarding the dog/cat animal aggression situation in Englewood? How can we educate people into our community values for animal behavior, if we don't know what they are ourselves? So, I would like to suggest that we do put together a committee and use the expertise that we have locally to come up with a plan that not only mitigates our dog at-large problem today, but maybe curtail any future vicious dog problem we could have in the future and have a proactive approach to this problem, rather than having a reactive, perhaps pit bull ban or punishing responsible dog owners . I think we need to encourage responsible dog owners in Englewood . I also have a couple of documents on resources for the Police and enforcement personnel to help them be tt er interpret animal behaviors , so that maybe we won't have another dog shooting like we had last year in Englewood . And I have the detailed statistics ... if anybody wants this ... I am going to give copies to the Council members, but I am also going to post these on our e-dog group site tomorrow . Thank you . Mayor Wolosyn said thank you . There was applause . Ann Baylor , a resident of Highlands Ranch, said I would like to thank the Council for letting me address you tonight even though I am not a resident. Someone stated earlier that Englewood does not want to become Highland R nch with th covenants and that is one reason why I am looking to move . They are starting tog I h v b n looking at Engl wood a potential plac to relocate . This issue do concern me . 1ncr d1bly v hd point tonight I want to r late on very hort bit or information for you to 1ng to b u 1ng th words v1c iou nd llow1ng th dog own r to h v th 1r dog Englewood City Council February 5, 2007 Page 28 evaluated . I lived in San Diego, California and two of my neighbors did not care for me . My one boxer did jump the fence and did kill one of their guinea pigs . Because of the two owners l iv ing next door to each other, they filed a vicious dog complaint. .. two vicious dog complaints ... against my boxer. San Diego had a three-strikes euthanasia law, because they considered each one of those complaints separate violations , had my dog jumped the fence again to kill her guinea pigs, that were running around loose in her back yard , my dog would have been euthanized . So please, if you do consider that part of your law , make sure that the dog owner has the opportunity to prove that their dog is not vicious . My dog was not vicious . I ended up having to have my ex - husband take her , because she would have jumped the fence to kill the guinea pigs . Thank you very much . Mayor Wolosyn said thank you . There was applause. George Carlson, an Englewood resident, said my commercial building is at 4219 South Broadway . First of all , I just am going to pay more attention to these elections because in one night you did shadows and you are doing dogs . If this is a skill, I didn't realize what you guys had to do . I just thought that was a mundane election . I have walked and jogged in my area now for about three years and I, frankly, have very little problems doing that. Occasionally, I'll say ... why am I not carrying a stick ... but that is so rare that by the time I get home I have forgotten that. But I did have an incident at my commercial property where a client came to see me, was walking on my property with a three year old and a pit bull was out through the gate on my property. The client called the dog people . They came and said it was a pit bull and issued a ticket. I think it happened twice , but I am not sure . These people have taken good steps . They tether the dog now. I am sort of satisfied with this, but when I saw this come up as a discussion before you, I thought I would just indicate too, what experiences that I have had . My hat is off ... and I think the best evidence is these letter carriers . They do it every day . Whatever they say ... to me ... carries a big amount of weight, because they are sort of on patrol every day. I think the tough part about this , I think there is a lot of pol itical pressure on you not to do things . I sort of caught the idea that you were breed specific at one time ... had opposition to that and then changed from breed specific to vicious . And I think it is being suggested that courts can 't figure out what vicious is ... they figure out loitering, they figure out vagrancy ... they can figure out vicious . Don't shy away from that. If you think that is the right answer, do what you think is right. Here is the tough problem ... other cities around us have had a tax ... Denver, Aurora ... we aren 't going to be immune to that , it is going to happen here . And here is the tough part, the political pressure on you is to do very little, because the dog owners come and say ... do nothing for whatever reason ... don't do anything . Well , you know , inevitably the probabil ity of statisti c s is that something is going to happen in Englewood . And unfortunately , the electorate is not going to remember who you a re , but you are going to remember that you were here in 2007 and what you d id to try to make it a safe City for all of us . I think the message needs to go out from th is Council. .. Englewood is a safe place to live , to ra ise your kids , to visit , to be commerc ial in and you a re go ing to take the steps to do that regard less of po li tic a l pre ss ure one way o r a nother. That is your b igger issue , I think . Thank you . Mayor Wolosyn said thank you. There was applause . Suzanne Bauer, an Englewood resident , said in the interest of time, I will not repeat what everyone else is saying, but just to let you know that I support the change in the definitions of attack and vicious dog . Basically , what I was going to say sums it up , that right now the definition of attack, the way it stands , describes my four month old Border collie. She barks at fire hydrants . Should I worry about getting sued for that? I mean, she is not a vicious dog and she just tonight, actually ... before this meeting ... ironically, got her last shots to be approved for puppy preschool. She doesn't have a clue as to ho w to act. She barks at every dog, she barks at every person and she backs up while she does it, because she is scared and she doesn't understand the world yet. But does that make her a vicious dog? So that is all I am going to say on that. You guys have heard enough of that. I am sure you get our point, that we need to change the language on that so that it is just clearer and more protective , so it is not abused . Moving on , you have a section in here for cruelty to dogs and cats, underneath it is tethering . I just bought my house last year . My husband and I chose Englewood, because we believe that it was above the breed ban . I researched ... more than you would believe if I told you ... on what Ci ty we should move into . I believed that Englewood was our best choice. I believe that it was small enough and it was progressive enough that we wouldn't have to deal with that. I speak for both my husband and I. .. this 1s an enlightened alternat1v to breed ban . We are very proud of the thing that hav b n pr sented to us as long th y r JU t dev lop d more . It 1s JU ta draft , o there is no rea on why 1t n 't b If n k nd d ng r w r p 1n n d to on ly br d nd p c1 , I would b th fir t on up h r trying to b n t n g r p c1 lly th Englewood City Council February 5, 2007 Page 29 ones in my neighborhood . So, if the unfortunate circumstance comes, that you have to address a breed ban , I hope that you will hold another public hearing and give us a chance to speak, because choosing between your house and your dog is not right. I know for one, I would take my business and my house ... my dog ... out. My loyalty would be gone . But , anyway , we have a rented house across the street from us that is now up for sale ... actually, I have to take fault with that. .. but good fault , because they were renting it out to some people who were ex-cons and when we moved in ... the first night we were there, at 3 a .m ., their two dogs were tethered outside barking until 7 a .m . the next morning. They did this for two months ... every day, all day, all night. .. not feeding them, not taking care of them, not giving them attention . I would go over to make sure that they were okay. I was over there every day talking to those owners . I also volunteer for No Kill Rescue ... a couple of them actually, including one, which isn't a no kill, but I still volunteer to help with the dogs . Animal control told me straightforward, that the laws are set to protect the owners ... not the dogs ... that they could not do anything about it. I was on the phone with them every day and they were very understanding, but could not do anything to help me to protect these dogs . I finally got one of them to relinquish a dog to the rescue that I volunteer for and he is now living on an acre of property up in Longmont and spoiled rotten . The other one unfortunately is probably dead by now. I have no idea , because we nicknamed the lady who owned them ... Psycho-Biker Chick ... so that tells you how she treated them . I do have one request to add ... there was one thing that wasn 't addressed in here for the cruelty of animals ... is dogs being left unattended in cars . And , I actually have a printout here if you would like to take it for your own reference . It is actually from Long Beach, New York and think of Long Beach as Cherry Hills , with each ocean front property, so it is a pretty upscale neighborhood . Basically, I am just asking to be added : violation of this section for any person to place or confine an animal , or permit such animal to be placed or confined or remain in an unattended vehicle without sufficient ventilation or other conditions , or for such period of time as it may endanger the health, well being of such an animal due to heat, lack of water or other circumstances as reasonably may be expected to cause severe disab ility. I spend most of my summers putt ing printouts on people's cars ... who leave their dogs in cars and I have even gone as far as to reach in and open windows , because dogs are fogging up the windows. Just li ke we hear stories all the time of kids and K- Mart. It is bad . And so , I would like to request you consider adding that into the policy . Mayor Wolosyn said thank you . You can give it to the Clerk . There was applause . R.M . Sutton , an Englewood resident , said I have been here for 32 years . I think everybody in this room has heard eno ugh about dogs for awhile . I think this ruling , this law ... or whatever you want to call it...was pushed through on a whim . I don 't know if any of you are animal or dog lovers , but I think it was pushed through without too much cons ideration . It ought to be totally reconsidered and sort of take care of the animals , because I don 't th ink they need to be euthan ized , unless there is a total provocation or somebod y gets hurt really bad . Thank you fo r your ti me. Mayor W olosyn said thank yo u . There was applause . Amie Wegener, an Englewood resident, said I am a long time resident of the City of Englewood ... more than ten years . I would like to take this opportunity to sincerely thank you for addressing this issue and recognizing that our dogs and cat section of the Englewood Municipal Code does need to be updated . I do support what I believe to be your intentions in this matter, however these are complex issues and further consideration is definitely needed before Council Bill No . 3 is ready to be passed . The problem with pets presenting a danger, is really a matter of people failing to be responsible pet owners . We need ordinances that define responsible pet ownership and recognize a required compliance . Many of my comments have already been expressed by the people who spoke before me, but I would like to encourage you to realize that it is imperative to address the owner's behavior . Seizing and destroying the dogs is not going to be an effective solution . We have people out there who have dangerous pets . They view these pets as d ispo abl and easily replaceable . There is nothing to stop them from having one pet taken and going and g tt ing anoth r dangerous pet. So , we have ccompllshed nothing by tak ing their dog, seizing it and destroy ng it. Pet owners should be encouraged to hav prop rly fenced y rds . Am ncan Humane ha a f ct h t bout dog bite . 1t explains the importance of th1 1 u They state "dogs that ar llowed to ro m loo , out 1d th yard , xp nd th ir t rntory nd will ft n f nd 11 r ,v ly In dd1!1on, t th ring or ch ,ning dog m th m f I vuln r bl nd, er th ir , n • Ace d1ngly , pl r mov your propo c n in 7 , cru lty to dog nd c t , Englewood City Council February 5, 2007 Page 30 which adds tethering as an optional practice . This addition would contradict 8-5, which states that a dog or cat housed outdoors shall be provided with the enclosure to minimize risk of injury and to provide sufficient space to enable freedom of movement and exercise. Tethering a dog does not constitute providing an enclosure. Pet owners should be required to spay and neuter all cats and dogs over the age of six months . Again, there is information out there from the American Humane, the Humane Society of the United States, the American Veterinary Medical Association, that summarizes their studies on this matter. Un-neutered dogs are more than 2.6 times more likely to bite than neutered dogs . I just spoke to the Director of the Colorado Humane Society shelter today. We talked about a specific case in which a vicious dog, within the City of Englewood, was neutered and it did make a difference in that dogs personality. Pet owners should be required to treat cats and dogs in a humane manner. The current ordinance falls short when it comes to this issue . You have heard a little bit about this . I'm going to offer you some written comments and I hope you will take the time to review them later. Finally, we have heard that the proposed ordinance needs to differentiate between a dog or cat that acts in a manner that may be interpreted as aggressive , versus a dog or a cat that actually inflicts physical harm on another person or animal. This distinction could be made by defining attack as aggressive physical contact with a person or other domestic animal initiated by a cat or dog or aggressive behavior that confines the movement of a person, including chasing, cornering or encircling a person . The definition of vicious animal also needs to be changed accordingly . It is not appropriate to label a dog as vicious, if it only barks or growls at a person or animal. Barking is a natural behavior and primary method of communication for dogs . Dogs bark for many reasons . More reliable indicators of aggression are the animal's posture and body movements . There are options for dealing with dogs and cats who exhibit questionable behavior . We need to take a look at that. We don't punish people the same, based on whether they are intending to commit a crime, as we do if they actually carry through with committing a crime . Dogs shouldn't be handled any differently. As a responsible pet owner I do support fair ordinances that demonstrate a basic understanding of normal animal behavior and I do want to say , on a personal note ... living in the City of Englewood for over ten years I thought it would be safe to buy a house . I did so two years ago . Not long after I moved into that hou f' I found out I was living on the block where there are one or more individuals , with criminal history, livin g I 1ad experience that individual being outside of my home, during the middle of the night. His behavior outside ,y home was inappropriate and included attempting to remove the screen on my bedroom window . He was given strict warnings by the Englewood Police Department to stay away from my home. Unfortunately, he was well aware of the fact that the Police Department isn 't around my home 24 hours a day to check on what he is doing . So that did not deter his behavior . But, when I adopted a 90 pound dog, who is in the house at night and barks when he is outside my home ... that gave him something to think about. I have not had any further problems with him being outside my home since adopting that dog . She is not a v icious dog . She does not bark at people who come to my home , she is properly socialized and trained and she is safe for children and other people . But , she does bark when someone is outs ide the bedroom window , dur ing the m iddle of the n ight. Please do not ask me to comprom ise my personal safety by asking me to g ive up the dog who s imply barks . Thank you . There was applause . Mayor Wolosyn said thank you . Linda Hart, an Englewood resident , said I have been follo wing all the contortions you have gone through trying to get this put together and I'm real proud of the City Council and all you have tried to do . I do have a fe w specific correction that I would like to address in the way the ordinance was wri tt en as proposed . On page 9, it says in 7-1A-10, you have in section B, the las t sentence there ... the owner of any dog or cat shall be responsible for any attack committed by that dog or cat agains t any property, real or personal, live or inanima te or human being ... that is under the definition of vicious animal , prohibited and I am wondering why that is there . It do sn't quite fit. I can see against human being, live animal. .. something along those lines ... but the verb iage th r 1s a little bit strange . Also on page 10 , under im poundment 7-1A-E, under hearing ... we had a portion in th r und r what was ini tially proposed, but was taken out , that gave some gu idelines to the courts on what the munic1p I Judg should consider under a hearing on the impoundment of an animal. That wa taken out. I think th t would better h Ip d fine a v1c1ous animal. Al o, when defin ing a viciou animal , any evidence present d at th tn I, conduct of th n,m I during th 1nc1d nt charged, evidence of dang rou , viol nt b hav,or by th nim I prior, prior v1olallons 1n the City or nywhere lse, any cond1t1on ex, ting on the prop rty wh r th n,m I h d b n or wi ll b k pt , wh ich would ff ct th h hhood of ny d n r to ny p r on , nim I or r p rt . Tho prov, , n w r t n out I copy o th t to Jim It would b good to put tho b c 1n Englewood City Council February 5, 2007 Page 31 because it does help further define ... designating a vicious animal and what the circumstances would be . On page 11 , under impoundment locations ... it doesn't really ... if someone had a dog that was confiscated by the City, there are no provisions in there for that person, if you have a dog that you don't want kept at the animal shelter ... that you have a provision there to allow that dog to be kept at a veterinary clinic or a boarding kennel that would be approved and would be willing to take the animal during that period of time . If you have a dog that is sensitive and put it into a shelter situation , it will just make the situation for the dog worse and it is a lot of stress on an animal and an owner. Also, there are cost and care issues . There may be a better cost than putting it in a shelter. Someone else addressed, if an animal has been deemed dangerous, under the law, having a provision for taking that designation off of the animal. I think that is real important and that is something that wasn't in here initially . I think that would be something very important to put in here and something other cities haven't done. Englewood could lead the way on that. That they complete a training class successfully, they do something with that dog , to change the dog's behavior and also have to prove it to a veterinarian, a behaviorist or a trainer ... and/or a trainer ... because not all behaviorists are real good at defining dangerous dogs ... and possibly somebody from animal control. And if they met the criteria, if they were willing to do that with the dog and rehabilitate the dog, or if it was a situation where the dog was incorrectly deemed dangerous, they would have a way of getting around that. On page 13 you have a section that repeats section F that is on page 10 ... on when the City can deem that an animal can be put down . The only problem is ... in section J on page 13 ... there is no provision in there, like there is on page 10, for the dog to be a present danger. If a dog is out loose , it is attacking people, yes ... allow the animal control officer to destroy the dog if they have to . But only as an absolutely last resort. So , that provision should be taken out under J on page 10. On tethering ... tethering isn't a real world option . Some people can't afford a fence, their landlords won't allow them to put in a fence. If they want to have a dog , they should be able ... under humane circumstances, to tether a dog. Their option , what they are going to do in the real world ... I can 't tie my dog out.. .I'm going to have a dog, I want to have a dog for my kids ... I'm going to let the dog run loose . So , in real world circumstances , tethering ... not being able to tether a dog out to go to the bathroom , to be able to have some exercise is not a good option. There are also some studies ... I believe it is from Cornell University that shows that tethering in and of itself is not the problem . The combination of abuse, neglect and tethering is where you come into a problem . So, that needs to be looked at a little bit more, rather than banning it totally . And that is it. I'll leave you alone now. The re was applause . Mayor Wolosyn said thank you . Tom Highblood . an Englewood resident, gave his home address and said I also own a home at another address in Englewood. I have had no problems with any pets of any kind, whatsoever and we hear a lot of, kind of, gloom and doom , but I have an 85 pound dog and if you pet her she will go home with you . And, basically, what it boils down to is she is a very good animal. .. my next door neighbor has great pets and I have never encountered any issues or any trouble with any of them . After browsing through this proposed ordinance, I was trying to figure out where in the world we are going to come up with the funds to affectively enforce something like this . I just don't see it as anything but a money pit. I'd prefer to just see the whole thing get dropped altogether, let the media know that is what we have done and allow the citizens of Englewood to police the pet owners that are out there . If they see abuses, let them handle it in an appropriate manner, through some sort of an effective avenue, either with another animal control. .. or additional animal control personnel. And have clear guidelines and outlines of how to do this, such as video or photographs . One example ... I had an old neighbor, a few years ago ... chained his dog up and all he did was throw bags of dog food out to it. That was it. After the dog was , basically, emaciated and near death ... me and another neighbor took the dog ... we tried animal control and they wouldn't do anything . The neighbor never even knew the dog was gone and, frankly , he obviously didn't care . Really, I think the citizens of Englewood need to police this and if you make it known that that is what 1s going to happ n, then I don't th ink you are going to have any kind of troubles whatsoever ... let's face ,t you will have hundreds of thousands of eyes out there , as opposed to a handful of animal personnel or law nforc ment trying to accomphsh what , really, cannot be accomplish d ... which 1s ... protect the safety of v rybody out th r ev ry httl girl , v ry httl boy, ev ry p r on that even g t pproached by a dog . Al o . th ry numb r th t you h r nd p rt of th whol doom nd gloom and a lot of emotion go tal to th ,r ft ht r , o t I to Sw d 1 h Ho pit I g t om r I Engl wood numb r , oppo d to ju t om o t Englewood City Council February 5, 2007 Page 32 offhand numbers that are thrown out by the thousands, that make everything sound so terrible ... which they are not. Clearly, I don't see any troubles and I have been in Englewood for 12 years . That's it. Thank you . There was applause. Mayor Wolosyn said thank you . Carla Davidson, an Englewood resident, said I have, according to the definition in your code, a vicious dog . My dog has bit the mailman. My dog was not loose, he was on a leash . He managed to bite the mailman on the back of the leg ... while being walked . I was horribly mortified and embarrassed . I wasn't walking him, my son was . I apologized profusely to the mailman, my mailman knows that my dog is a problem and he has been really great about it. My dog growls and barks and charges the door when someone comes to the door, until he figures out who it is. My dog is a shelter dog . He is only a little bit over a year old . I have really tried to do things to correct this behavior . If you saw my dog at the doggy park, you would think he was wonderful. He plays with the other dogs, he interacts with the ladies . He has been abused . He doesn't like men, he doesn't like people in uniforms . I don't want my dog put down for something the dog is not responsible for . He can't help that he was abused when he was younger . I try as a responsible pet owner to tell people this dog is not nice, don't pet him. I try as a responsible pet owner to keep him on a lease. He managed to bite the mailman anyway, but it didn't break the skin, it didn 't hurt the mailman particularly and my mailman was very gracious, I must admit. I picked up phone numbers tonight, from people who might be able to help me work on this dog's behavior. I agreed with a lot of the corrections that people wanted to have made in the bill that is going through . I want to have an avenue ... if my dog gets in trouble ... to have a corrective behavior ... somehow in there . As I said, I picked up phone numbers , I'm going to work on this on my own, but I don 't want to see my dog destroyed . I love this little dog ... l've only had him for a little bit over a year , but I would go to any lengths, as any responsible pet owner would, to correct this behavior and I am really trying . When people come to my house to work on something in my yard, I say I have vicious dogs, I'm locking them up, don 't come in until I put my dogs away . But I really didn't like the portion of it where they can destroy it without notifying you . I understand if my dog hurt somebody then it would have to be put down . I had another dog, that had a similar problem, a similar situation . The dog lived to be 14 years old and never bit a soul. I told people, this is not a nice dog, don't come into my yard ... stuff like that. .. don't pet this dog . And I managed it for 14 years until the dog died of cancer without ever bothering anybody . I applaud the fact that you are trying to not do a breed ban, I applaud the fact that there are a lot of good things in there ... requiring immunizations. You have put a lot of work , a lot of effort into it. I do agree with a lot of the things that need to be more specified . I was confused about the bodily injury thing too, that I don't think anybody mentioned . It says in one part where it was just a bite, then bruising ... so if my dog nips somebody and causes a bruise, is that. ... that was a little confusing to me ... some of that wording there . But I would want the ability, if my dog transgressed , to redeem the dog . That is really all I wanted to say . Thank you . There was applause. Mayor Wolosyn said thank you . Mayor Wolosyn said that concludes the Public Hearing . I would like to have a vote to close the Public Hearing . COUNCIL MEMBER WOODWARD MOVED , AND IT WAS SECONDED, TO CLOSE THE PUBLIC HEARING TO GATHER INPUT ON COUNCIL BILL NO . 3, AMENDING TITLE 7, CHAPTER 1-A OF THE ENGLEWOOD MUNICIPAL CODE RELATING TO VICIOUS DOGS AND CATS. Vote results : Ayes : Council Members Barrent ine, Mccaslin, Moore , Wolosyn , Woodward , Tomasso, Oakley Nays : None Motion c m d nd the public hearing closed . M r Wolo yn 1d I w nt to thank v rybody for coming, t ying I t nd h ring your thought Englewood City Council February 5, 2007 Page 33 Council Member Barrentine said could you at least let them know what the process is from here . Mayor Wolosyn said yes, this was a public hearing and we will have second reading two weeks from tonight. 11 . Ordinances, Resolution and Motions (a) Approval of Ordinances on First Reading (i) Director Gryglewicz presented a recommendation from the Department of Finance and Administrative Services to adopt a bill for an ordinance approving an Intergovernmental Agreement with the South Broadway Englewood Business Improvement District relating to the collection of special assessments . He said this Intergovernmental Agreement between the South Broadway Englewood Business Improvement District provides for the collection of their assessments that support their activities, 1 vhich just includes the duties of the Improvement District and the City. It includes the payment of reasonable fees to cover the City's expenditures, provides for what we need from them ... including the assessment rolls ... the dates and when delinquencies are due, what needs to be included in the billings and those sorts of things . And I should note that I did get the bills out, as provided for in the ordinance on the 31 51 ... so they are out there already. Mayor Wolosyn asked if there were any questions for Frank . Council Member Woodward said I have one simple question ... just under the financial impact. The City will be paid the lesser of one and one half percent or $2 ,000 .00 to administer to the collection ... does that include postage ... the labor obviously ... but all the paperwork, everything associated therewith? Mr. Gryglewicz said it is all inclusive . They are going to pay us a lesser of the one and one half percent or the $2,000 .00 , which I think should include all of our out-of-pocket expenses . It is difficult to quantify the actual labor involved but, you know , this is for the good of the community, so if there is more, then that is okay, because that is what we are here for . COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (i) -COUNCIL BILL NO . 6, COUNCIL BILL NO . 6 , INTRODUCED BY COUNCIL MEMBER TOMASSO . A BILL FOR AN ORDINANCE APPROVING AN "INTERGOVERNMENTAL AGREEMENT REGARDING COLLECTION OF SPECIAL ASSESSMENTS LEVIED BY SOUTH BROADWAY ENGLEWOOD BUSINESS IMPROVEMENT DISTRICT" BETWEEN THE SOUTH BROADWAY ENGLEWOOD BUSINESS IMPROVEMENT DISTRICT AND THE CITY OF ENGLEWOOD . Mayor Wolosyn asked if there were any comments . Mayor Wolosyn said Frank, I do know there was discussion around this and I am glad that your department is doing this, it is very important. Director Gryglewicz said thank you . Vote results : Motion carried . Ayes : Council Members Barrentine, Mccaslin, Moore, Wolosyn, Wood ward, Tomasso, Oakley Nays : None (ii) Director Gryglewicz presented a recommendation from the Department of Finance and Administrative Services to adopt a bill for an emergency ordinance approving the issuance of Private Activity Bonds on behalf of Jefferson Hills, a youth treatment fac ili ty . He said, actually, what Jefferson Hills is do ing is ref1nanc1ng at a lower rate to be able to offer these services to the community . Although the Center is not in the City . 1t do s erve some of the you th in the City and i available for use in the community. In the ordinance 1t If , 1t h that 11 1s not to exc d 2 m1Jl1on . but the amount most likely will be $1 .8 million . And, the City will b r 1mbur d for 1t xp n r I t d to th1 . as will our bond ttorn y We r not obhg t d in ny m nn r to r p y th 1 r v nu bond It I II r p rd from th r v nu n r t d t J ff r on Hill Englewood City Council February 5, 2007 Page 34 Mayor Wolosyn said and we discussed this in Study Session . Are there any questions for Frank? There were none. COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (ii) -COUNCIL BILL NO. 7. COUNCIL BILL NO. 7, INTRODUCED BY COUNCIL MEMBER WOODWARD . A BILL FOR AN ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF THE CITY OF ENGLEWOOD, COLORADO REVENUE BOND (JEFFERSON HILLS PROJECT) SERIES 2007, IN A TOTAL PRINCIPAL AMOUNT NOT TO EXCEED $2,000,000 .00; MAKING DETERMINATIONS AS TO SUFFICIENCY OF REVENUES AND AS TO OTHER MATTERS RELATED TO THE PROJECT AND APPROVING THE FORM AND AUTHORIZING THE EXECUTION OF CERTAIN DOCUMENTS RELATING THERETO AND DECLARING AN EMERGENCY. Mayor Wolosyn asked if there was any additional discussion . There was none . Vote results: Motion carried . Ayes : Council Members Barrentine, Mccaslin, Moore, Wolosyn, Woodward, Tomasso, Oakley Nays : None (iii) Director Gryglewicz presented a recommendation from the Department of Finance and Administrative Services to adopt a bill for an emergency ordinance approving the lease-purchase of a Heavy Rescue Pumper and 1500 GPM Pumper from Capital Equipment Replacement Fund in the amount of $881 ,337 .00 . He said this issue was first discussed at the 2007 Budget Retreat. We went out and bid these two pieces of equipment and right now we are looking at this total bid, not to exceed $950,000.00 and interest rates on this , not to exceed 5 .75%, although I think when we finally do this , it is going to be considerably less than that. We are looking at some good bids ... more around the 4% range , with probably yearly annual debt service not to exceed $135 ,000 .00 . So, I think , right now we are actually looking at good rates to finance this equipment over 10 years . Mayor Wolosyn asked if there were any questions . Council Member Woodward said in the Council Communication you said ... leased over 10 years and then in the Bill it mentions 11 years, in a couple different places , although the numbers are all the same on the amortizations and all the total numbers . Mr. Gryglewicz said it is 10 years ... that is the lease period . Mr. Woodward said so it should be 10 years? Mr. Gryglewicz said yes ... it says not to exceed 11 , but we are really looking at 10 years . Mayor Wolosyn said does the language need to be changed? Mr. Gryglewicz said I don't think so ... it just has a not to exceed at 11 and we are looking at actually 10 . You could possibly go out that far , but we are no t contempla t ing that at this time . COUNCIL MEMBER TOMASSO MOVED , AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (iii) -COUNCIL BILL NO . 8 . COU NCIL BILL NO. 8, INTRODUCED BY COUNCIL MEMBER TOMASSO . A BILL FOR AN ORDINANCE OF THE CITY OF ENGLEWOOD, COLORADO AUTHORIZING AND APPROVING THE LEASE-PURCHAS OF FIRE TRUCKS FOR THE CITY AND PROVIDING DETAILS IN CON N CTION WITH THE LEASE -PURCHASE TRANSACTION AND DECLARING AN EMERGENCY M r Wolo yn d I th r w ny mor d1 cu ion Th r w non Englewood City Council February 5 , 2007 Page 35 Vote results: Motion carried . Ayes : Council Members Barrentine, Mccaslin , Moore, Wolosyn , Woodward , T omasso , Oakley Nays : None Mayor Wolosyn sa id thank you Frank . (b) Approval of Ord inances on Second Reading (i) Council Bill No . 52, approving amendment to Title 16, Chapter 5 of the Englewood Municipal Code 2000 on Emergency Temporary Shelters was considered . COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (b) (i) -COUNCIL BILL NO. 52. COUNCIL BILL NO . 52 , INTRODUCED BY COUNCIL MEMBER WOODWARD AN ORDINANCE AMENDING TITLE 16 , CHAPTER 5 , TABLE 1.1 (C), AND SECTION 6 , OF THE ENGLEWOOD MUNICIPAL CODE 2000 , PERTAINING TO EMERGENCY TEMPORARY SHELTERS . Mayor Wolosyn asked if there was any discussion . Council Member Woodward sa id I just want to state that I am go ing to vote no on 11 (b) (i ), simply because I think this is taking the opportunity .. .for shelters , in the event of some major emergency ... such as the possib il ity of the cold spells , tornadoes or whatever ... and it really ties our hands and I don 't th ink there is enough language here that gives the City Manager enough authority to change that back, so I am go ing to be vot ing no . Mayor Wolosyn said I should say that I d idn 't know that J im was going to vote no , but I am go ing to vote no probably for d iffe rent reasons . I th ink it is well crafted , but I really can 't , for the life of me , gauge the impact of what we are do ing . So , I am choos ing to vote no , also . Mayor Wolos yn asked if th ere wa s any more d isc ussion . Council Member Barrentine said for the reas ons that I discussed last time a nd si m ilar to some of the thi ng s you brought up, I am not going to be voting for this . And I also think that some consi deration for the community needs to be involved in what we are doing . Mayor Wolosyn said thank you . Are there any other comments? There were none . Vote results : Ayes : Council Members Mccaslin , Moore, Oakley Nays : Council Member Barrentine, Wolosyn, Woodward , Tomasso Motion defeated . (ii) Council Bill No . 2, as amended , amending Title 15, Chapter 9, Section 2 of the Englewood Mun icipal Code to clarify the type of trailers that may be stored was considered . COUNCIL MEMBER OAKLEY MOVED , AND IT WAS SECONDED , TO APPROVE AGENDA ITEM 11 (b) (II) - ORDINANCE NO . 4, SERIES OF 2007 . ORDINANCE NO . 4 , SERIES OF 2007 (COUNCIL BILL NO. 2 , INTRODUCED BY COUNCIL MEMBER MOORE) Englewood City Council February 5, 2007 Page 36 AN ORDINANCE AMENDING TITLE 15, CHAPTER 9 , SECTION 2 , OF THE ENGLEWOOD MUNICIPAL CODE 2000, TO CLARIFY THE TYPE OF TRAILERS THAT MAY BE STORED . Mayor Wolosyn asked if there was any discussion . Council Member Barrentine said I will be voting against this . Just to keep it short, I have already discussed this . I believe that the concerns and objections to the previous restrictions on trailers have not been properly addressed so I can't , in good conscience, agree to additional restrictions on this . Mayor Wolosyn asked if there was any other discussion . There was none . Vote results: Ayes : Council Members Mccaslin , Moore , Wolosyn, Woodward , Tomasso , Oakley Nays : Council Member Barrentine Motion carried. (iii) Council Bill No. 4, as amended, authorizing removal of the billboard at 2730 South Broadway and rebuilding the billboard at 2896 South Broadway under a non -revocable permit was considered . Council Member Moore said I would like to make a motion to table this . I would like to hear more about this agreement in a Study Session . There are a couple of reactions I would like to share . One ... a monstrous billboard looks worse than two small ones . I appreciate the pictures that were provided ... that I asked for during first reading . I personally don't think it is a good trade-off. Secondly, the advertiser is gaining 50% space . That is not presented adequately in the information we were presented with ... a 10% increase ... but when you count the backs ides of this , there is a 50% increase in space available for advert isement. I can't believe we can 't extract more consideration as we are working through this negotiation . The final point is that it is not clear to me what we are gaining on the other side . If we are going to grant this trade-off ... that in my mind ... with this limited information we have ... greatly favors the advertiser. I would like to know what we are gaining on the development side of this , to warrant doing this . So , I need more information . I am not really pleased that this came to us on a first reading and I know it is hard to judge where to draw the line on things ... but, to me , this is significant. I expressed my concerns on first reading and the information provided for second reading validated those concerns. With that said , I would like to make a motion to table this until we can cover it in a Study Session . COUNCIL MEMBER MOORE MOVED, AND IT WAS SECONDED, TO TABLE AGENDA ITEM 11 (b) (iii) - COUNCIL BILL NO . 4 , UNTIL COUNCIL CAN COVER IT IN A STUDY SESSION. COUNCIL BILL NO . 4, INTRODUCED BY COUNCIL MEMBER WOODWARD AN ORDI N ANCE AUTHORIZING THE PERMANENT REMOVAL OF A BILLBOARD LOCATED AT 2730 SOUTH BROADWAY AND REBUILDING THE BILLBOARD AT 2896 SOUTH BROADWAY. Mayor Wolosyn asked if there was any discussion . Mayor Wolosyn said I actually support tabling it. I think that we want to encourage good development and I understand the effort here, but I think we all do need to know more about this development and if there is another possible solution . Because, to me, this almost seems like Interstate proportions . Council Member Woodward said I agree . I did the same math that John did and I came up with the same numbers . Council M mber Barrentine said I w ill be voting to go ahead and table th is, because I do th in k that we should h v more information and 1t probably hould have been brought to a Study Session . But 1t is an is ue that we 01ng to have to d al with . If we have grandfathered in these billboards and we have mar than Ju t th is on th r r v r I 1n my d1 tnct. .w are going to hav to d al with not int rfering with future d v lopm nt h ld1n th thro t nd b mg ob tmat hoping th t , 1n ord r for th m to do d velopm nt, th y r going to l Englewood City Council February 5, 2007 Page 37 get rid of those billboards . So, we do need to look at this and I agree we probably could have had some more information, but I am very concerned about trying to use this as a way to hold people's knees to the fire, as if we are going to get rid of these billboards . I think there are some other, more progressive ways to deal with this. Mayor Wolosyn said I don't think we have to fight. .. l think we are looking for solutions here . But, Council Member Barrentine said, obviously there is a need for more discussion ... I agree with that. Council Member Woodward said I would just like to say that I think everybody wants that corner developed . That is a gateway right into the City . I can't imagine anybody on Council not being in favor of that. Council Member Barrentine said we have to make it not impossible too . But this will be in a timely manner ... we are going to move this forward? Mayor Wolosyn said that is right. Council Member Oakley said in a timely manner, being the key . Mayor Wolosyn said yes . Mayor Wolosyn said if there is no further discussion , please vote . Vote results: Ayes : Council Members Barrentine, Mccaslin, Moore , Wolosyn, Woodward, Tomasso, Oakley Nays : None Motion carried and Council Bili No . 4 is tabled . (c) Resolutions and Motions There were no additional resolutions or motions submitted for approval. (See Agenda Item 9 -Consent Agenda .) 12 . General Discussion (a) Mayor's Cho ice (i) Mayor Wolosyn said I appreciated the small Economic Development Guide that was put in our packet and I know that it said it was being passed on to ACE and P & Z but I would also like it to go to the El,JRA members . I think that some of their decisions would benefit from that. (ii) Mayor Wolosyn said I would like to congratulate Karen Main on her award. I think it is the Rocky Mountain States Employers Council for HR best practices for her computer coaching network . Well done, Karen . (b) Council Members ' Choice (i) Council Member Barrentine : 1. She said I just wanted to tell Rick thank you for that update that he gave us at the Study Session . appreciate that. It is a nice way for us to help keep our constituents informed . 2. She said to the citizen who spoke earlier, who unfortunately misunderstood my intentions . I would never encourage anybody to not address Council, but I always would encourage any brand new citizen ... some one who has only been here for six months ... and dealing with a long term 10 year old problem, to try to get as much information as possible before they jump into the fire and may experience a situation that they don't have all th information for . I appreciate that Chris Olson took the time to talk to him that night . I'm sorry that there w n't a re olution . W m to have still an enforcement issue and hopefully the other two Council members h t lk d to c n fix th t problem . Englewood City Council February 5, 2007 Page 38 3. She said I wanted to , while they are not here anymore at a quarter after 11, I don't blame them, I wanted to tell all the people who came to the Public Hearing ... both for the Seminary project and for the vicious dog ordinance, that I appreciated their input. I really hope that in the future when we address issues like this that we can kind of solicit that information and that input prior to ordinances being made up, put out there and people having ownership and things that maybe could have been addressed in a better process . Thanks . ·, (ii) Council Member Mccaslin said you know , Englewood has an open mike system for the public to speak on any topic at any public meeting . I feel that it is very inappropriate for any member of the Council or staff member to discourage or hinder anyone from speaking before Council at a public meeting . (iii) Council Member Moore : 1. He said first of all, I appreciate the follow-up on the dog attack . I forget where it came up , but somewhere in our information we asked for follow-up about someone who said their dog was killed and nothing was done about it. I appreciated the information being very clear that the dog that killed the little dog was acting in self-defense. It is just a reminder that there are always two sides to a story and two opinions . That sounds terribly cold and I do feel sorry for the people who lost their dog, but the way it was presented initially ... we always benefit from a fuller story. 2. He said staying on the dogs ... ! would like to question ... first of all the participation tonight was amazing, a lot of good information . I don't feel like I could possibly be ready to vote on this in two weeks . I would love to get Council's reaction to several points that were raised . Is a second reading in two weeks a necessity ... does a timeline dictate that? Or could we get a Study Session in between now and a second reading? Mayor Wolosyn said we could talk about it. .. I don't know what we have on the Study Sess ion , but we could try . City Manager Sears said we have liquor licensing , and we also have legislative update . Council Member Moore said first of all , let me ask ... would Council generally benefit from that? If that is just my opin ion , I can deal with that. Council Member Woodward said when it comes up for second read ing again , couldn 't we table it and bring it back to a Study session just l ike we did for the other item tonight? Mayor Wolosyn sai d I do n't know if my changes would be so much that I would want to prol on g the process . Council Mem ber Barrenti ne said my conce rn w ith doin g th at is that if you a re go ing to tell people that yo u are going to go ahead and have information going , have the vote on something, have them all show up so that we can sit there and tell them we are going to tab le it and we are already planning to do that , I think that is inappropria te . If we are going to table it, then we should go ahead and make that decision, but not wait until that night and waste people's time . Council Member Moore said that is exactly why I am asking the question ... agreed . Council Member Oakley said but by the same token , you know, so many people spoke tonight that we need time to digest it. We need to be cognizant of their views, so we need to figure out a way to do that. Mayor Wolosyn said, Dan, can we Just go ahead and change the date of the second reading? City Attorney Brotzman said sure . Ms . Wolosyn questioned the process to table an item . Mr. Brotzman said a table requires a majority vote to bring it back up . If you simply want to postpone that, you can do that. Ms . Wolosyn said we c n just postpone the second reading?. I prefer to do that. Mr . Brotzman said sure . Council M mb r Moore aid we ne d to make that my motion tonight? As to Laurett 's point , w don 't want to m 1 • dv rt , e 11. • Englewood City Council February 5, 2007 Page 39 Council Member Barrentine said to make that clear, I don 't object to moving it on and discussing it. I just want to make sure we give enough information so people are not coming to Council expecting something to happen . I just didn 't think that was fair to them . Mayor Wolosyn said I would like to suggest that we postpone the voting of second reading, until the first meeting in March, if no one objects and Tom could put it in the newspaper. Council Member Barrentine said I have one question . Dan , during the process, if we need more time, can we go ahead and still have the option of postponing that vote again? Mr. Brotzman said sure . Ms . Barrentine said okay, I just wanted to make sure. Council Member Moore sa id to be honest, I think we have already identified enough things . We know that we are going to go to first reading again, because there were things that we had already identified ... the tethering provisions, for instance, needed clarification . I think, Dan , you already said that is probably enough to push it back to a first reading, anyway. So , we've still got a little ways to go on this . Mayor Wolosyn said how about bringing this back to a Study Session on February 261 h .•• the only thing we have scheduled that night is to review hotel/mo~el regulations . There was agreement among the Council members . Mayor Wolosyn said if it ends up that night that people aren't going to be ready to vote, we will be able to ascertain that in that meeting. 3. He said my final issue is on Pennsylvania Street. Do we have that coming to us in a Study Session at some point.. .some of the points raised? If not , I would like to request it. I would like to have a chance for us to debate what is wrong with the current situation and is there something that we wish to do to change the capabilities, going forward, of the City ... to address it. Thank you . (iv) Council Member Oakley: 1. He said I would like to comment on what John just said about the Pennsylvania Street situation, since it is not a norm . It is an exception to the norm . I don't feel that we need to change a whole bunch of ordinances . We need to try to address that situation under our current ordinances and see what can be done . And if that can 't be done , then we may have to take other steps on it if people want to go ahead and pursue it. 2 . He said I was impressed with the number of people who spoke here tonight and the many different ideas that they had . Since we have already addressed what we have , that is all I will do on that comment. 3. He said I would like Council to approve my expenses to go to the National League of Cities Conference in Wash in gton D.C ., in the amount of $2 ,177 .00 . COUNCIL MEMBER TOMASSO MOVED , AND IT WAS SECONDED, TO APPROVE THE EXPENDITURE OF FUNDS , IN THE AMOUNT OF $2 ,177.00 , FOR COUNCIL MEMBER OAKLEY TO PARTICIPATE IN THE NATIONAL LEAGUE OF CITIES CONFERENCE IN WASHINGTON D .C., IN MARCH 2007 . Ay es : Council Members Barrentine , Mccaslin , Moore , Wolosyn , Woodward , Tomasso Nays : None Abstain : Council Member Oakley Motion c rri d . (v) Council M mb r Tom o: Englewood City Council February 5, 2007 Page 40 resolved . There is a series of Code violations, postings, etc and I feel it was very inappropriate for someone from a different district to come in and prevent the citizen from presenting their concerns to us . Council Member Barrentine said hold on a second . Mayor Wolosyn said I am going to make a point of honor . Ms . Barrentine said I stopped when the citizen did this . They were given misinformation . First of all, I didn't know who the person was when they presented the issue to me . I made a suggestion to a new citizen here that they might want to talk to our Safety Services Director prior to doing anything public . I didn't prevent anyone, I didn't stop anyone . I didn't create this situation, nor did I even know who the person was at the time . The fact that this person has run against several of you in an election seems to be more of an issue . Don 't sit there and make it as if I have created this problem . It has been going on for a long time . I didn 't stop anybody from that neighborhood in talking to the people from their district, nor has anybody been prevented from talking to me about any problem that goes on in this City . Now, while I am out their talking to somebody, to have another Council Member interrupt, give them false information, as if I have something to do with the situation or information that I am aware of that I am not, is inappropriate as well. Now I have addressed it. You two haven't fixed it either. I wasn't even aware of the situation that night. I gave the best advice that I could to a constituent in this City that I could and I would continue to in the future . Council Member Tomasso said and this issue has been before the Code Advisory and you serve on Code Advisory . Ms . Barrentine said not ... Mayor Wolosyn said I am going to step in right now. Ms . Barrentine said that is not true . Ms . Wolosyn said we have this on a future ... we have the objective ... Ms . Barrentine said it is not my problem, I didn 't create this problem . Mayor Wolosyn said I am going to mention two things. Council Member Mccaslin said if she can address this , we all get to address it. Mayor Wolosyn said Bob , I am going to say something . Mr. Mccaslin said okay. Ms . Wolosyn said I think this might warrant just another one of those Study Sessions where we talk about our etiquette towards one another and maybe we can come to some agreement. .. but do it in an objective manner. And also , we are going to deal with Pennsylvania Street in an objective manner. I think that your very objective statement was well taken and we can come back to that , but I don't want to ... okay? Mr . Tomasso said okay . 2. He said the other thing about the vicious dog ord inance , I find it very interesting that to have a vicious dog , you have to inflict pain ... you have to be the recipient of pain . It would be very similar to someone having pulled a gun on you and not const itut ing an assault , possibly because the gun wasn 't loaded , possibly the gun was loaded, but you had to shoot the person to constitu te an assault with a gun, or h it them with it. I find that very interesting that none of the dog owners want to constitute a vic ious dog until it has bitten , scratched, infl icted bodily harm and pa in on a person . And that is another thing we need to look at when we are look ing at a vici ous dog . If the dog infli cts pa in , it is a viciou s dog . And there are po ints befo re that dog infli cts pain , it is a v ici ous dog . It doesn 't hav e to go all the way to pa in , med ica l bills and rehab ilitation on the ind iv idual that rece ive s the damage . The one thi ng that we coul d do to pro te ct the squirrel si tua t io n is to say "dom estic animals". Mayor Wolosyn said maybe some of this is good for the Study Session . Mr. Woodward said I don't think we have any domestic squ irrels . Mr. Tomasso said the guinea pigs and the boxer thing , those are domestic animals . Ms . Wolosyn said so bring that up at the Study Sess ion, but you have my vote . Mr . Tomasso said well that is where I wanted to go with that. (vi) Council Member Woodward : 1. He said I also, as you did, I wanted to acknowledge Karen Main for her award and the work she has done with the IT people . 2 . He said I also wa nt to thank all the dog people for the concerns they brought forward and for all thee- m ils that I have received ... all the phone calls that I have had over the last few weeks . I do feel like I have a lot of in formation and obj ctives that they have di cussed, that I can come back with . 3 nforc h ing Englewood City Council February 5, 2007 Page 41 that at some point, either during Study Session or maybe moved on to Code Enforcement , we are going to want to look at. 13 . City Manager's Report City Manager Sears did not have any matters to bring before Council. 14 . City Attorney's Report City Attorney Brotzman did not have any matters to bring before Council. 15. Adjournment SYN MOVED TO ADJOURN . The meeting adjourned at 11 :28 p .m . RESOLUTION NO. SERIES OF 2007 A RESOLUTION REAPPOINTING LINDA OLSON TO THE KEEP ENGLEWOOD BEAUTIFUL COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Keep Englewood Beautiful Commission has been created to advise the City Council on all matters pertaining to environmental protection and neighborhood beautification; and WHEREAS, Linda Olson was a member of the Keep Englewood Beautiful Commission; and WHEREAS, Linda Olson's term expired February 1, 2007; and WHEREAS, Linda Olson has applied for reappointment to the Keep Englewood Beautiful Commission; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. Linda Olson is hereby reappointed to the Keep Englewood Beautiful Commission effective immediately with term expiring February I, 2008. ADOPTED AND APPROVED this 20th of February, 2007 . ATIEST: Olga Wolosyn, Mayor Loucrishia A. Ellis , City Clerk I, Loucrishia A. Ellis , City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. __ , Series of 2007 . Loucrishia A. Ellis, City Clerk 8a ORDINANCE NO. I SERIES OF 2007 BY AUTHORITY COUNCIL BILL NO. 6 INTRODUCED BY COUNCIL MEMBER TOMASSO AN ORDINANCE APPROVING AN "INTERGOVERNMENTAL AGREEMENT RBOARDINO COIJ..BCTION OF SPECIAL ASSESSMENTS LEVIED BY SOUTH BROADWAY ENGLEWOOD BUSINESS IMPROVEMENT DISTRICT" BETWEEN THE SOUTH BROADWAY ENGLEWOOD BUSINESS IMPROVEMENT DISTRICT AND THE CITY OF ENGLEWOOD . WHEREAS, the South Broadway Improvement District was authorized with the passage of Ordinance No. 29, Series of 2006 by the City Council of the City of Englewood, Colorado; and WHEREAS, the District is authorized to impose special assessments upon real property located within the boundaries of the District to defray all or any portion of the costs of providing services; and WHEREAS, the District has adopted a resolution authorizing the imposition of special assessments on real property located within the boundaries of the District ; and WHEREAS, the passage of this Ordinance will formalize the procedures by which the Englewood City Treasurer will collect the annual special assessments of the District and remit the same for deposit into the general operating account of the District; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1: The "Intergovernmental Agreement Regarding Collection Of Special Assessments Levied By South Broadway Englewood Business Improvement District" by the Englewood City Treasurer, attached hereto as "Exhibit 1". The Intergovernmental Agreement is hereby accepted and approved by the Englewood City Council. Section 2 . The Mayor is authorized to execute and the City Clerk to attest and seal the Agreement for and on behalf of the City of Englewood. Introduced, read in full , and passed on first reading on the 5th day of February, 2007 . -1- 9bi Published as a Bill for an Ordinance on the 9th day of February, 2007. Read by title and passed on final reading on the 20th day of February, 2007 . Published by title as Ordinance No._, Series of 2007, on the 23rd day of February, 2007. Olga Wolosyn, Mayor AITEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No._, Series of 2007. Loucrishia A. Ellis -2- INTERGOVERNMENTAL AGREEMENT REGARDING COLLECTION OF SPECIAL ASSESSMENTS LEVIED BY SOUTH BROADWAY ENGLEWOOD BUSINESS IMPROVEMENT DISTRICT This Intergovernmental Agreement Regarding Collection of Special Assessments Levied by South Broadway Englewood Business Improvement District (the "Agreement") is entered into by and between the South Broadway Englewood Business Improvement District, a quasi-municipal corporation and political subdivision of the State of Colorado (the "District") and the City of Englewood , a ---------(the "City") this 2.Q day of Dece M B e .. ~ , 200 6. RECITALS WHEREAS, the City, by ordinance adopted in accordance with C.R.S. § 31-25- 1207, has declared the District organized; and WHEREAS, the District is authorized to impose special assessments wholly or in part upon real property located within the boundaries of the District to defray all or any portion of the costs of providing services; and WHEREA·s, the; Distri~t h~s'°id~pt~:d I re;~iuti~~: authorizing the imposition of special assessments on . reEtl .· property· locat¥d ·within the boundaries of the District for 2007; and · · · · · ' · · · .... I , , . WHEREAS, a pubiic hearing concerning . the imposition of said special assessments was conducted in accordance .with .c :R.s .. :§ 31-25-1219(2); and WHEREAS, a copy of th~ .res~lution mitho~izing .the special assessments for 2007 is attached hereto as Exhibit A and is incorporated herein .by reference; and WHERE AS , C.R.S. § 3 1-25-1219(2)(d) authorizes the "municipal treasurer" to collect said special assessments upon agreement of a municipality and the District; and WHEREAS, the District's Operating Plan and Budget anticipates that the District will collect a special 'assessri-te1~t in 'each year to fund the provision of services; and WHEREAS, the District's Operatjng Plan .arid Budget states that "[t]he assessment will be collected by the Englewood City Treasurer pursuant to an agreement to be entered into by and between the [District] and the Treasurer's Office"; and •• •. l • WHEREAS, the District desire ·~'to .enter into this Agreement in order to formalize pro edures by which the City Treasurer will collect the annual special assessments of istrict and remit the same for deposit into the general operating account of the i trict ; and E X h i b i t 1 WHEREAS, the City desires to enter into this Agreement pursuant to C.R.S. § 31- 25-1219(2)( d). AGREEMENT The Parties now agree as follows: 1. The District shall annually, in accordance with the procedures set forth at C.R.S. § 31-25-1219(2), adopt a resolution setting the special assessment for the next immediately following calendar year (the "Annual Assessment"). The Parties acknowledge and agree that the District has adopted the Annual Assessment for 2007, a copy of which is attached hereto as Exhibit A. A. In each year during the term of this Agreement, the District shall be responsible for mailing the notice required by C.R.S. § 31-25-1219(2)(c) following adoption of the Annual Assessment. B. In each -year during the term of this Agreement, the District shall provide a copy of the resolution authorizing the Annual Assessment for the next immediately .following calendar year . (the . ''.Assessment . Resolution") and the local assessment roll required by C.R.s'. §°31-25~ 1219(2)(b) '(the "Local Assessment Roll") to the City Treasurer no later than December 31st of the year in which the resolution authorizing the Annual Assessment for the next immediately following calendar year is adopted. · ·' · ' · . ! 2. · In any year in which an Annual Assessment is imposed by the District, tp.e same shall be due and payabl~ without .~em8.ll.d on . or before the last day of April. The Annual Assessment :rpay .also be p·al4 ii,i,twQ .equai ins~allments, the first installment being due on or before the last day 10:f.February~ and the ~econd installment .being due not later than June 15. Any ' assessment' i10t paid .wh~r,. ~ue . shall become delinquent thirty (30) days after the due · date a~d shall di;aw interest at' the rate established pursuant to C.R.S. §§ 5-12-106(2) and .(3),' from 'the· dat1/of delinquency until paid in full ; provided that if the full amount of the assessment is r.ai4 in .a sing~e payment on or before the last day of April, no interest shall accrue on any amount .of the assessment. • I • ' ' 3 . Following receipt of the Assessment Resolution and Local Assessment Roll, the City Treasurer shap prepai:<;\ an<;l. ~ail c,o~lection ,notices to . the owner and mailing addresses identified in _the L(?c~l . ,Assessment Ro~l.. Each such collection notice shall set forth: A. The nam e of th e prope11y owner(s); B . The situs addre ss; . . . , . C. The am ou nt of the . Annu·al A ssessment due and payable for that year; D. The due dat of the ~umal.Assessm nt; and 1,. 2 E. A statement that checks should be made payable to "South Broadway Englewood Business Improvement District." The City Treasurer shall, in each year of this Agreement, mail the collection notices to those property owners identified on the Local Assessment Roll no later than Janm ..... y 31. Each collection notice shall also include a self-addressed envelope in order that the property owners subject to the Annual Assessment may arrange t o remit the Annual Assessment to the City via regular U.S. Mail. 4. In each year during the term of this Agreement the City shall track the receipt of the Annual Assessments, and shall provide an accounting to the District of all Annual Assessments that have been received through at least the following dates: (a) April 30; and (b) June 15. Each such accounting shall summarize the Annual Assessments received through the date of the accounting, and include a list of property owners who have paid, or have not paid, the Annual Assessment through the date of the accounting. The City shall deposit the Annual Assessments received on no less than a weekly basis, by depositing the same directly into the District's general operating account (account no . 02341841004, Colonial Bank, 3501 S. Broadway, Englewood). 5. In the case of a default ,in the payment of any Annual Assessment, the City Treasurer shall certify to the Ar~pahoe County Treasurer tlie whole amount of the unpaid assessments, incI{iding any ~nd ·an int~i:est due .and 'payable pursuant to paragraph 2 of th is Agreement, and shall coordinate witl;l the. ~aunty Treasurer t.o ensure that collection of any unpaid assessments occur in acc.xi rdan9e .~ith the provisions of C .R.S. § 31-25- 1219(2)(d). . ...... , : . : ., ,· .. ·:·, ., · .. ·., .· . : ... . 6. On or before August 1 of each year ,during the term of this Agreement, the District shall pay to the Chy one and one-haif percent (1.5%) of the amount of the Annual .Ass es sment collected by ,the . City or . Two Thousand Dollars ($2,000 .00), whichever is le ss, in order .to .defray the City;~ costs incurred ii;i performing its obligations under this A gre ement ... · . '· .· · · ·· ; ·. · ·· . · ' · · · . . ' ' . . .' . ·. . ·; .. . . . G EN E RA L PROVI SIONS . .. ... ... 7. Term. Pursuantl t<;> ~he _Distr~cf~ Qpe~ating Plan and Budget, the District will sunset ten years after it begins operations in 4007, unless extended beyond such term by petitions meeting the requ~rements . o_f state law for organization of a new business improvement district, and such extension is approved by the City Council of the City. Therefore, this Agreem~nt,shall . teqnimit(!_ on D.ecember 31, 2016, un}ess extended by mutual agreement· of th('.! P~ties:. · · · · · ' · · . ·. · · · ; • .' I • I ! ' ' • ~ I ' • • 8. Notices. All notices, demands, requests or other communications to be sent by one party to the other hereunder or ·requir~d by law shall be in writing and shall be deemed to have been validly given or served by delivery of same in person to the addres r by courier delivery , via Federal Express or other nationally recognized overnight air courier service , or by depositing same in the United States mail, postage prepaid, addressed as follows: To the District: To the City: SBEBID c/o Grimshaw & Harring, P.C. 1700 Lincoln Street, Suite 3800 Denver, CO 80202 Attention: Marcus A. McAskin Phone: (303) 839-3800 Fax: (303) 839-3838 City of Englewood 1000 Englewood Parkway Englewood, CQ 80110 Attention: Finance Director Phone: (303) 762-2401 Fax: (303) 783-6896 All notices, demands, requests or other communications shall be effective upon such personal delivery or one (1) busir~ss day _ after being deposi_ted with Federal Express or . other nationally recognized . overnight air . courier service or ·three (3) business days after deposit in the United States mail. By giving the other party hereto at least ten (10) days written notice th~reof in accordapce with the provisions hereof, each of the Parties shall have the right from time to t~me to 9hange its address. . . . :.;·. . .... /•• 9. Entire Agreement or°the Parti~~~ .This\vritten· Agreement constitutes the entire agreement between the Parties. and supersedes all prior written or oral agreements, negotiations, or representations ~d un.d~rstan~ings_, of the· Parties with respect to the subject matter contained herein., ·· ·' · · · · I . • ' ' f • ~ I • . . ~· I • ~ 10. Amendment. This Agreement may be amended, modified, changed, or term inated in whole or in part orify by ' i writteri ' agreement duly authorized and executed by th e Parties h ereto . · ' ·. ·· · · 11. Assignment. No Party :hereto ·. sh aU ·assign any of its rights nor delegate any of its duties hereunder to any person or entity without having first obtained the prior written consent of all other Parties, which consent will not be unreasonably withheld. Any purported assignment or delegation in violation of the provisions hereof shall be void and ineffectual. · · ·:.· · · ·· ·· · · .: · 12. Governing Law and Venue. T his ··Agreement shall be govern ed and construed under the laws of the State of Colorado. ,: ' ' \', I '•, • '.' C. ,,' 13 . Parties Interested Herein . Nothing expressed or implied in this Agreement is intended or shall be construed to confer upon, or to give to, any per on other than the District and the City any right, remedy, or claim under or by reason of this Agreement or any covenants, terms, conditions, or provisions thereof, and all the covenants, terms , ( conditions, and provisions in this Agreement.by and on behalf of the District and the City shall be for the sole and exclusive benefit of the District and the City . 14. Severability. If any covenant, term, condition, or provision under this Agreement shall, for any reason, be held to be invalid or unenforceable, the invalidity or unenforceability of such covenant, term, condition, or provision shall not affect any other provision contained herein, the intention being that such provisions are severable. 15 . Counterparts: Facsimile Signatures. This Agreement may be executed in one or more counterparts, each of which shall constitute an original and all of which shall constitute one and the same ·document. This Agreement may be signed by facsimile signature, which shall have the effectiveness of an original signature. IN WITNESS WHEREOF, the District and the City have caused this Agreement to be duly executed to be effective as of the day first above written. SOUTH BROADWAY ENGLEWOOD BUSINESS IMPROVEMENT DISTRICT .. ·., ::!• .,· .. -=:···. ·. :·· ... \,, .;: ',,,::(\;I ~ \ •,,' '• ' . ,,/ ·1 . · .. , .. : ·CITYOFENGl,EWOOD- : ~ .. .. ' : .. , .. . ': .. :.::. ': .. : . · ... ,· · ... · ··:-_· .... -,.:,,·.Bi:'=°.· .. :, ·.,r·, .. ::,,i :-.. .. , !,, :.:i ·,:-. .. · .. ;:t::·.1 1~ ~ '-. ---',.-:--·--.. -.-•. -. -. -. ------------ 1,·:,·:·. Attest: ~ : 0 : I • ' f : ; : ._ ~ :, ; • •: ~ ' : , ' i , ~ ; i I f • ," : o ' By: Its : ------------··~·' ,·f ;·~ ti ! "',: : :• :, : ; ' ,} I .. :·1: •, !:.·:!: ' : ', ·. ; : . } . ' .. · . 5 • -l I , .. ,,. ,, EXHIBIT A District Resolution Authorizing Annual Assessment for 2007 [insert] .. SBEBID -LOCAL ASSESSMENT ROLL 2007 m, 1'71-34-l~J ,"1rl4-1~ I '71-34-1-09--007 I f'lJ.)4.1.o,.QOI 1'71-34-1~ l f'71-~l-oMl10 lfll•l+I--O.OIJ 1'71..J4.I-OM2P I '11-J4.I .Q9.030 I I l OWNERNAME CDOIC. ION CA; FARMER, MJO!AEL S COOK. JON C ,t; FARMER, MIOfAEL S COOIC,.JONC . COOl:,JONC PfflLLU'S,JAY PUJPD.TIES COO~ JON C Af'AJIMER, MICHAELS COOX.JONC COOJt. JON C & FARMER,. MICHAELS MAILING ADDRESS 1664SBROADWAY 1664 s BROADWAY 1664 s BROADWAY 1664 S BROADWAY . 2750SBROADWAY POBOX37 .. 1664 S BROADWAY .. : 16EYAL£AVE -. 1664 S BllOADWA Y .. -. ,,-., CITY .. STATE Dl!NVER. co Dl!NVER. co DENVER co DENVER" co l!.NOLl!WOOD .. co .. ... .. PAlllCER. .. co DENVER . .. . co ENOLEWOOD , . •. co .. Dl!NVBR. .. co . .. 1'11-34-I .Q9.0l I ALL&ALLCAll WASH U.C . ··fill! ssiaLYWAY C .. ~ ;;; AURORA . _ _.., : co 1'71-34-1.o,.Q):Z BINJCMCOU.C .. .... . . . ..... 'co ' · · ·• . · 1-7404 W S3~ DR · GOLDEN ·;..,, 1'11.J4..I~ COOK.JON C & FARMER., Ml~ S· .. . . . . . , · :.·· · ·-1664SBROADWAY DENVER. .. .. co l.f'll-34-1-10.001 FAIUII., DAVID .: . •.: s;ucisniPJNES PKYtM19I ·-. :-CASTLEROCK : . w 1'71-14-I-IC).Q)l F AJU1., DA YID SSI SCAS11.EPINES PK.Y#B4191 CASTLB ROCK-··, ;CO COOK.JON C&FARMER,. MICHAELS. :. 1664SBRO~~AY ·-.. lf'11-l4-1-l~ . ·. :·· . DENVER. .. .,_.co . . -~ . · .. 1974 S GREENS.~INTE LN · '. .. .. . ~ .. I '11-J4.l-llMl04 SHEA. HELENE . -HIOHI..ANDS RANct ;.G() lfll-J4-J.10-00S SHEA, HELENE . ' .. ..... , . 1974 s o~~nm i.N ·., .. HIGHLANDS RANC} ,.co SHEA, Hill.EN i!. .. -,:-: 1974 S GREENSPp!NIE 1.N ID01{4NDSIUNP 1"11·l4-1-1~ -. ·-·. .: -. .:. .. :-·' co lfl1-34-l-11Ml01 C00X. JON C &FARMER. MICHAELS . -: . · ·, .. : .1664SBROADWAY · , .. : , :.: . DENVER ,: ,·C.0 -· .. 1'11-34-J.IQ.OOI COOK. JON C .l<FAJIMER. M1CHAEl. S ·:.:-: , : ,. • 1 "'4 S BllOt,[)WA Y . .. DENVER. :~;-: .co lffl,)4.1-10..00, CX>OIC.. JON C A.FAllMER. MICXAEL S .. , · 1"'4 S BROADWAY ' · . .. tjl!IM!ll : . " . GO ~JON C&FARMER., MICHAELS .. 1664SBROADWAY . l'71-,k.l-lCMl10 ... .. ··.·: DENVER : . co I 97h34-I -10.011 CXlC>l.JON C &FAJlMEll. MIOIAEL.S .. · .. · ·, 1664SBROADWAY ' DENVER. :,: 'co TA vtoll. RlCHAllD L · " -.. 1"1l-34-l-1Ul01 : .. ;" · . 2900 S BROADWAY .... ENGLEWOOD , ': co ·-1'11-34-1-11-00S <X>O!t. JON C & FARMER. MICHAELS · •. 1664 SBROADWAY ,. DENVl!R ,. .CO 1.971· J4-l -11.(lll QXlK. J()}I C &J' AllMEll, MIOIAEL S 1"'4 S BROADWAY DENVER. . co 1971·14-1-11-426 COOK.JON C It F.ARMa, MICHAELS 1664S BROADWAY Dl!NVl!R. co .. 1'71-3~-ll~I SCllNElDER.. JEFFREY A .. .. 3000 S BROADWAY ENOLEWOOD • . co 1'71-34-1 -U.()02 WIWS, LAWRENCE M &. PEGGY J 3012 S BROADWAY ENOLEWOOD co 1971-34'-l·U~ SHINE, HEllMAN & MAlUANNE 1630 S MARLBOROUGH HILLSBOROUOH CA 1911-34-1-l~ Stmre, HERMAN A MAIUANNE 1630 S MARLBOROUGH HIU.SBOROUGH CA 1'71·34-l·U-430 BENTLEY, PATRICK A 3011 S BROADWAY ENGLEWOOD co 1971-34-l-12.0l I atol, SUNG orut. & YOUNG YI 3020 S BROADWAY ENGLEWOOD co 1971..34-2-0).0\l 363~ 1664 S BROADWAY DENVER co COLOllADO MORTUARD!S INC% SCI MOMT CORP-PROP 1'11·l4-2-.0l.Ol 4TAX~ PO BOX l30S4I HOUSTON 1X ax.bllADO MORTIJAlllES INC% SCI MGMT CORP-PROP 1971 -34-2.01.0l s TAXpEYr PO BOX 130S41 HOUSTON TX ZIP srrus ADl)RISS LAND SIZE lSTl!LRSF 1007 BYSOPT ASSESSMDIT I0210.21il0 2700 S BROADWAY S097 1134 $320 .18 I0210-2610 2711 S BROADWAY 3222 516 $110.99 80210-2610 2730 S BROADWAY 4134 -VAC>Nr $140.19 80210-2610 2731 S BROADWAY 3222 22SO $435.44 IOIU-1591 2750 S BROADWAY 6+45 1206 $370.22 10113-ISll 27S6 S BROADWAY 4617 1777 $406.03 802l0-2610 27!16SBROADWAY 96SS 1761 ~47.67 iOl13-IS3l 161! YAI.EAVE 3681 S76 $19430 10210-2610 2700 S BROADWAY 3646 1710 S36S.6S 10016-7001 2766 S BROADWAY 11271 2238 $667.04 10403-1141 2780 S BROADWAY 12876 1927 $666.31 80210-2610 2724SBROADWAY 80S4 1430 $450.93 80108 2800SBROADWAY l2678 VAC>iNf $367.66 10101 2820 S BROADWAY 6400 864 $316.93 10210-2610 2124 S BROAI:>WAY 3214 toss SlS4.02 10130.3303 · l1J4SBROADWAY 6400 VACANT $185.60 80130.3303 2140 S BROADWAY 4736 VACANT $137.34 10130-3303 28425 BROADWAY 4120 3506 $672.69 80210-2610 2BS2 S BROADWAY 9642 VACANT $279.62 I0210-21i10 2166" S BROADWAY 6428 1339 $389.94 80210-2610 2S70 SBROADWAY 121S6 12400 $2,257.62 80210-2610 NIA 3214 VACANT S93.21 IOllD-2610 2196SBROADWAY 6250 1936 S47S.S2 I011.3-1S27 2900 S BROADWAY 124SO 3081 $129.36 8021D-2610 2966 S BROADWAY 3125 VACANT $90.63 80210-2610 2946 S BROADWAY 374SO 127Sl S3 ,02'-20 10210-2610 2990 S BROADWAY 21815 1953 · $929.78 801 13-1529 3000SBROADWAY 622S 3264 S616.65 10113-1S29 30l4SBR0ADWAY 4668 1&39 $414.90 9401~7114 3010 S BROADWAY 37350 8620 $2,39339 940 10-7114 3010 S BROADWAY 9331 4750 S992.77 10lll-1S29 3011 S BROADWAY 4650 935 . $276.97 80113-1Sl9 3020 S BROADWAY 124SO 4882 $1,103.11 80210.2610 279SSBROADWAY 12500 9786 Sl,149.97 77219.0548 2775 S BROADWAY 18750 5188 $1,332.33 7nl9-0S4I 2757SBROADWAY 3336 468 $167 .81 tXA -, IJ I "t f ,. ...... Pl'l# 0Wl't.K l',A.J"df; MAILING ADDRESS CITY · STATE ZIP '" 1 US AlJUK~~ LANDS!ZR 1ST.FLRSF 1007 BYSQFT ASSESSMENT 1i .~1 µ.2-01-0 16 CSI U.C 7931 E BUCKNELL PL DENY.Ell co 80231 2749 S BROADWAY 62SO 62SO S1,l3l.2S ;n1 >4.2-0 1-019 PETERSON EQLTTIES U..C l912NTAFT AVE LOVELAND co 80538-3115 270S S BROADWAY 12610 2400 S730.49 "~1 .;.-,2-0 1-020 DIJPREe I INC 27ZS S BllOADWAY ENGLEWOOD co 80113°lS22 272S S BROADWAY 6150 4-428 $85431 1••1 ,3'.2.0l-021 DO'WNEY. PATRICX. 2739 S BROADWAY ENGLEWOOD co 80113-1522 2739 S BROADWAY 6250 4314 SS46.IO 19•1 .J.4.2 -10-0U OARCIA, HELEN B 4169SONEIDAST DENVER co 80237°2049 2193 S BROADWAY 6250 5270 S982.29 :,•1-.k..l-10-016 COOK, JON C & FARMER. MJCHAE. S 1664 SBROADWAY DENVER . co 80210..2610 218S S BROADWAY 6250 2819 S609.74 t'7 1.J4.:-2-I 0-017 COOK, JON C & F AJ1MER,. MICHAELS . 1664 S BllOADWA Y DSNVER. co 80210..2610 287J S BROADWAY 6250 . VAC>N! Sl81.25 1'11 °:M-l -lO..Oll COO!C, JON Ca.FARMER, MICHAELS 1664 S BROADWAY DE!N\IER. co 10210.2610 286S S BROADWAY 6250 2524 S564.90 mt-14.;J..10-019 l63U.C . 1664SBROADWAY DENVEll · co 80210.2610 215S S BROADWAY 12500 S17l Sl,148.49 l911·34e"2-I o.-020 COOK,JON C 1664 S BROADWAY DENVER ' co 80210.2610 214SSBROADWAY 6622 103S S349.36 1'71-34-2-10-021 COOK, JON C & FARMER. MJCHAEL S • ""1664 S BROADWAY DENVER co 80210-1610 2841 SBROADWAY 4617 1991 $439.62 1971-34,2-IO-Oll COOIC,,JONC&FARMER,MlCHAEL S .. 1664 S BROADWAY DENVER co 80210..2610 2837 S BROADWAY 4687 1178 $314.91 1971-l+.2-10-030 AMORI, MJOIAEL D & SANDRA L IO!)SS S CARMODY I..N l.AicEwOOD • co 80227-200S 2123 S BROADWAY 62SO 4270 583019 't-34-.2-I0-1''2 SXJGEN ENTERPRIS ES LLC .. : 2.IS S BROADWAY . : ENOLBWOOO . ·· co 80113·1Sl4 2801 Sl!ROADWAY 15625 7546 Sl,600.12 . . 197 1-34-2-17--0 II s o um FEDERALPARTHERSH IP .. 1298 S SANTA FE DR · D6NV6R · co IOll3-3llS 2909 S BROADWAY 15625 4000 SJ,061.13 · 1,n.J.4...2-n-020 ICAlSERfOUNDATION HEALTII PLAN OF COLOR.ADO . -· 103.SOEDAICOl:AAVE .. DENVER .· . co 10247-1314 29S.5S BROADWAY 137125 11096 SS,663 .22 1'71.34-2-l l-020 BJWAO WAYBIJD..DING UC ' . 3051 S BROA,µWAY :c ENGLEWOOD .: . . co 10113-1521 )OS7 S BROADWAY 6250 5000 S94l.25 l'7l•J4-l•ll.-421 HYEIN DEVELOPMENT CO LlD .. ·,JOSlliBROADWAY . ':. ENOLEWOOD ~--. co 80113-1528 30Sl SBROADWAY 6250 881 S315 .16 1'71..34-1--11-0U REESE, RICK & MEUllJ:R. MMY .. . ·,.· . POB0X262 ; : . .:: SEDALIA ... ·. co 8013S.0262 3045 S BROADWAY 3125 1956 $387.94 1'71-)4-2-1 1-421 UNITEI>C0MPANY%BAILY CORP . : .· ·, ... 747SWflFJHAVEf32l . ,"; LAKEWOOD s:: :.co 80226-1675 3001 S BROADWAY 187SO 2418 $911.29 · 1'71-l4-J.. I I-Ol0 EUNOJl'. NA THAN V & LOUlSE A · ·. '· ·5<,77 W.PARKPLAC6,\VEl210B. ·. Rl!ENWOOD Vil.LAC . co 10111-3391 .3085 S BROADWAY 2.5000 17715 Sl,417.68 1'71->4-l-lt-034 JE!'FERSON, SRIOOU YUN &JOS EPH R . ·.2207· 6 OARTMOUIH CIR '· ,· ENGLEWOOD,,. ' .. co 10113-3053 3021 S BROADWAY 1S500 6695 Sl,467.14 1'71-34-2-~I Al.SUM. JAMES C It llUTH L · , · · .. ·14!)00BµNV~PL#61l .. AURORA ·co 80014-3736 2709 S BROADWAY#A 2329 1012 $221.37 1'71-34-2-29--002 Al.SUM. JAMES C & RUTH L .. ~--~ · .14000 6LINVA1£PL#611 . .. AURORA .co 80014-3736 2709 S BROADWAY fB 2329 1012 $221.37 1 '71..14-2-D-OCl TP ENTEllPRJSES ' .. -SI SOE .REDWOQD DR UTTLBTON co 80123-1596 2709 S BROADWAY IC 2329 1012 $221.37 1'11-l4-2-2'414 MCBAIN PROPF.RTIES I.LC ' . ,-16473 EPRENTICEAVE ·; CENTENNIAL :: .. co 80015-4121 2709 S BROADWAY #0 2329 1012 $221.37 1'71-34-)40-019 ICAUPMAN, FRED • . ' 3395 S BROADWAY .. ENGLBWOOD . : co 80113-2427 3395 S BROADWAY 9620 7280 Sl,.315.54 1'71-l4-.M0-41.J ROM. FRANK 65 % INT It EMJLY3 S% INT 2330 S 30TH A VE SAN FRANCISCO · . CA 94li6-2229 330SSBROADWAY 21600" 7284 $1,733.57 1'7H~:MJO..G29 MINISTATES lcl. & TEL .. 931 E 14THST DBNVER co 10202-2994 3215 S BROADWAY 29SIO 28000 $5,111.79 1 '71-)4-)..(I0.4!7 GOTHIC VE>mJRES U..C 3263 S BROADWAY · HNGLBWOOO . co 10113-242S . 3263 S BROADWAY 647S 6250 Sl,137.78 l.9'71-34-l-GCHl60 327S S BROADWAY UC 1633 S YORK ST DENVER . . co 80206 3275 S BROADWAY 129SO S03 sm.01 1971-34-J.40.090 SPORT BOWL UC 329SSBROADWAY ENGLliWOOD co 80113-2425 3295 S BROADWAY 9868 9602 Sl ,74S.68 1971-34--3-01-41 6 HAIDON, ANGELA M 4626 S URBA WAY MORRISON co 80465-1840 . 3163SBROADWAY 647S 960 sm.10 1'71-J.4..J..014117 COOX. JON C & FARMER, MICHAELS 1664SBROADWAY Ol!NVER. co 10210-2610 3IS9SBR0ADWAY 641S 4329 $845 .78 1'71-:M-)411-0 11 LENTS Oi, MARGIE LIVING TRUST % TIIOMAS A P ALMER 3430 S SHERMAN STf3 ENGLEWOOD co 10113-2619 3147SBROADWAY 6475 2S20 SS70.82 1'11·34-)411-01 9 31 41 u..c SMO S BIO CANYON OR REENWOOD VII.LAC co 80111-3516 3141 S BROADWAY 3238 3175 $576.50 O ICAYAINTERNATIONALINC 1'71-14-Ul-Gl S6 S WONDER.WOOD WAY SANDY UT 84092-48SS 3139SBROADWAY 9712 4500 $965.65 1'71-34·Hll-02 I NOREEN & CO 6700 W DORADO DR DENVER co 80123-S174 3131 S BROADWAY 9712 3064 $747.38 1'11-)4..UJ-Gll AXTELL ASSOC INC 9011 W FLAMINGO WAY LITTU!TON co 8012S-9402 3101SBROADWAY 13636 VACANI' S39S.44 I '11-:M-->-OU)ll BRO{,DWAY LIMITED PARTNERSHIP 4221 S YARROW CT LAKEWOOD co 8023S-l922 3191 S BROADWAY 22662 6411 Sl,631.67 £xA I~ 1.o/ 4- \'J --- '"' O~ERlllAJilK MAILING ADDRESS Cl1Y STATE ZI.P LANDSIZE lSTPLllSF 1007 BY SQ FT ASSESSMENT l t71..34-l-l s-404 ICOOK.JONC .t; FARMER. MICHAELS 1664 S BROADWAY DENVER co 110210-2610 3247SBROADWAY 12500 6S6 $462.21 1'71-J4.3-l s-40$ IFOllST,JOHN M 8149 S MINERS ST HIGHLANDS R»IO co 180126-5024 3215 S BROADWAY 129SO 1691 S633.6S 1m-:M-l-l ~ 1rour, JOHN M 1149 S MINERS ST HlOHUNDS ltANO CO I 101l6-S024 3211 SBB.OADWAY usoo .. 691 $1 ,076.60 1'71-l4-l-17~ leNGL£WOOD URBAN RENEWAL AUn!OlUTY 1000 ENGLEWOOD l'lCY · ENGLEWOOD CX> ISOII0-2373 3<434 S ACOMA ST 4125 VACANr EXEMP'f, 1'71-l4-l-l 7~ f 6NG1.EWOOD URBAN R.ENFNAL AUffiOJUTY 1000 ENGLEWOOD PICY ENOLEWOOD CO 110110-23~ 3442 S ACOMA ST ,4125 VACANr EXEMPT l'7l.J4..J.1 7-«l1 IWOLF LAND DEVELOPMENT ll.C 29114 S ZUNI ST DENVEll CO 110211-3127 11 WHAMPDENAVE 2250 1935 S3S9.37 ,. 1'71-l4-3-l 7-009 INGUYEN. UJ0NG HUU .t; HOA T . 8704 WUNION AVf! UtTlEl'ON CO 180123-1824 3495 S BROADWAY 4000 3600 $66320 1'71.J4-l-17.0IO ISA:NCHEZ. El/lOJIO a CONNIE 3413 S BROADWAY ENGLEWOOD CO I 10113-2521 3413 S BROADWAY 62SO 4250 S8272S l '71.a4+17~11 IW1LUAM!. STEVEN ll .t: Bmt A · 2116 W l<ITH ST GkEELEY co 110634-5425 3473 S BROADWAY 6250 5976 $1,019.60 I lffl ·l4-l-l 7.0ll lBt.CAX. DA VlD JAMES 3360 S DALE CI ·: .-.ENGL6WOOD co 110110-1936 346'SBROADWAY 3125 2l2S $42!.83 1'71-34-l-17-0U ILOOX, ~HOA WANDA ELLEN :·-.37D7W38THAVE ~~·-~-,, DENVD. CO I 10211-1903 ~4!7 SB'ROADWAY I· !1375 I .5715 I Sl,140.561 .· 1'1l-l4..J.IU14 IOTYOl'ENGLEWOOD l OOOl!NGLEWOOD PICY ,. · ENClLEWOOD ,·-(. ·CO ll0110-ll7J 3449SBROADWAY I 6250 I VACANT I EXEMPT,. 1'71-l4-l-17.0U ILAUGHUNIWINCHESlEll.AND COMPANY UC ~--~-~- . 3445 S BROADWAY ENGLEWOOD '-· 1: CO .110113-2521 344S S BROADWAY I .C9SO I 4360 I $806.27 1'71-l4-l-17.0l6 lllflD, 811.YANJ.AY ·· .. 3439SBROADWAY ... ENGLEWOOD .·· I· CO IIOlll-2528. 3437 S BROADWAY I 6250 I 3900 I S774.0S 1'71-34-l-17~17 lllllANSFELDT,FREDl<QUADANSKALTD .. PO.BOX3950 PARJCE!l . I·. co l1Dll4-t443 3431 SBROADWAY I 6250 (. 5850 I Sl ,070.45 ,. :·· PARXE!l · · : f: CO fl0ll4-1443 1'7l-J4-J.17-411 IOODJEUOWSBI.OO.t; INVCO ... POBOX3950 3425 S BROADWAY I 62SO I 11450 I Sl,921.6Sf:. lffl..U.l-11~1,ICTYOFENGLEWOOD .I ·._.1000ENGLEWOODrx:y : l ;~ENOLEWOOD .·,i .,co lao110-2Jn I J-C1sseROADWAY I 6250 1 VACANT I l!XEMPT'· h t11 -U-l-l Hl2lll!NOLEWOODUllBANREm.WALAUTHOIUTY . ~ I t QOOENGLEWOODPICY . 'r .. · J;NOLEWQOD :.:_T· .. co !10110-23731 34«SACOMAST I 42450 I VACANT I EXEMPT 1n1 -l4-.)..1 1-G1J !NGLEWOODUllBANRENEWALAUTHoRITY-:-~ · : :;_· 1ooo~ENG1.EWOODPKY , ENGLEWOOD .·;· .,,co · 10110-2311 50WGIRARDAVE I 46&8 I VACANT I EXEMPT! 1'71-l4-l-17--G4 EM(;[.EW()()DUJUIANR.ENEWALAlirnORITY . . ·. • ..... lOOOENGLl!W~DPKY. .. ··.:··ENGLEWOOD .,:: :,.:-co 10110-2373 30WGlllAllDAVE I 20313 I VACANT I EXEMPT! 1'71-.)4-.J.IHW EH0tEW00D UIUIAN REm:WALA.UTHOIUlY , , , -'1 000'ENGLEW(X)~ PJCY .· .. ENGLEWOOD . i/:co 10110-2373 3<105 S BROADWAY I 4688 I VAC>Nf 1 EXEMPT 1'71-l4-J..tH)26IENGIEWOODUllBANR.ENEWALAUTHORITY I l OOOENGLEWQODPKY ... 1 : ENOLBWOOD ·:·-J ::CO IB0110-237l I NIA I 3S63 I VACANT EXEMPT 1n1.)4-4..QO..C)MIEN01.EWOODURBANRENEWALAUTHORITY · -1 -~,:·,1000ENGLEW000PJCY ·I , .ENGLEWOOD :·,:h co lao110-n11 I 3300SBROADWAY 1 911s 1 VACANT EXE.MPT •. 1t11-J4-441.«1s IOTYOl'ENOLEWOOo I . 1000ENOLEWOOOPKY .. ·I .,.ENGLEWOOD .. ·,I.· co laono.2311 I NIA I 6250 I VACANT EXEMPT 1n1-~fllNllmSTAn:sOF.AMERJCA I 16!JOS1'Em!SYLVANIAAVENW .I.: WASHINGTON .l oc l2osoo.0003 I 3332SBROADWAY I 181so 1 4760 Sl,26717 l'71-l4-4-Gll SU llEAL EST Ale U.C & 78'SEMJSS1SS[PPlcAVBW1161)4 ·1 , DENVER • .1 .. CO 110247 I 3342SBROADWAY I SSQO I 2296 SS0U9 l'11·34~11 IKAGOE.AN'NIEE.&c WIWAMR-TRUSTEES 31~ S CLARKSON ST I:· ENGLEWOOD ·. 1-· CO IB0113-l80S I 3045 BROADWAY I 5937 I 2873 $608 .87 lm1-~12 ISAC8TE1l. l!S1Hl!ll M 6800 S Ll!liTSDALE DR DENVER I co 110224-1511 3440 S BROADWAY I 6625 I 3434 S714.09 1'71-)4..4..00.QlO ,~ IUCHAR.D D 3<456 S BROADWAY ENGLEWOOD I . CO 110113-2529 34S6SBROADWAY I 1563 I 900 Slll.13 1'71-~I IVOTll. llOBEllT J .le VICKI A · 1161 S WOODSIDE DR PINE ·CO 110470-7979 I 3460SBROADWAY 37SO I 2436 $479.02 1971-~ll !c:otmaEAY, UNDA L 3260 S PEARL ST ENGLEWOOD CO 180113-2712 I 3470 S BROADWAY 6U9 5678 Sl,041.38 1J'7 1-J4.4..0IMW IV ASll.AS, A It. T It U. TS1S, IC .t; IC ·7160 E BETIIANYP.L DENVER CO l80lll-4111 I 3476 S BROADWAY 6SS4 3826 $780;32 IFl l-l4-4-«Mll4 IOATOIIS, TEO 0 341 E OODEN ST DENVER CO 180218-3812 I 3414SBROADWAY 312S 2400 S4SS.43 1J7J-~ IO'CONNOJt. VIOLA 206 W HARV ARD A VF. DENVER CO 180219'5970 I 3490SBROADWAY 1500 46S Sll4.18,. 19'71·34-+0042' 13491 50Um BROADWAYLLC 3.C91SBROADWAY ENGLEWOOD CO 180113-2529 I 34!14 S BROADWAY 5000 2270 S490.04 IJ7J.J4-4.00.Gl7 j3491 SOUTH BROADWAY UC 3491 S BROADWAY ENGLEWOOD CO 180113-2529 I 3498SBROADWAY 3375 331S $610.88 1'71-~l7 (CilYOPEN~OOD 1000 S ENGLEWOOD PICY ENGLEWOOD CO 110110-2373 I 34415 BROADWAY 4!25 VACANT EXEMPT 1'11·~lll~,ALEX 2171 S SHERMAN ST ENGLEWOOD CO IB0113·1621 I 34S4 S BROADWAY 2362 1314 $268.23 tJ A, 11 J '1 '/:- ~ PPU vwi-,t..RNAM.E 1'11-~t-<1191 DEALEJl INC IQUl\.l.NAIHI\Ntl& 1'11 -~ RAllllY AR.KIN ,l'lrVUN.UJ\llVN l{'lf\,..:,-. 1'11..u-4-4)'-024 lHARMAN MANAGEMENT CORP 1'11-34-441-0lS !FIRST BAPTIST OiURCH OF ENGLEWOOD 1971-~J IHARICJCJNC &HAM.YDRJCHARDSON 1971-34-4-09 Al I 363 UC 1971·3~..()Q) I PRITCHARD, ROBERT E & ROSEMAII.Y E 1'11-~ (PIUTOIARD, ROBERT E 1'71-3'-4-09.0ll lO'NEIL INVESlMENTS INC 1971-l4-4-~1 (GCU!B, MICHAEL. EDWARD 1911->4-+23.(IQ? (HOME Of' tfEIOHBOIU.Y SERVlCF; OJ' DENVER 1'11-)4..4..234) I INTEANATIONAL BEAD TRADER 1'71-l4-4-U414 I HUFFMAN FAMILY LP 1971-k-+U-005 IBUFFMAN FAMn. Y Ll' 1971-l4-4-D.«16 (ANDERSOH, BRUCE C I.J71 ·34-4-ll-CI07 I WEIOANG, JUCHAIU)) 1911 -14-+)l).OOJ I OXMAN FAMILY UC 1971·l4+ll).002 l0RR. WILLIAN_} A: DONNAJ 1Jnl-34+J0-40l lWHA HOLDINGS UC MAILING ADDRl!SS 3150SBROADWAY 1660 Sl.lNCOUI ST1l130 PO BOX .572530 . P0BOX467 55SS S MONACO ST 166-4 S BROADWAY 7711 S RACE ST 7nlS llACEST . , 3298SBROAOWAY 33S6 S BR,OADWAY · 3360.:i BROADWAY -·27SO SBROADWAY ' ,-~63 S HARJUNGTON LN 2563 S HAIUUNOTON UI 1776.501..ENCOEST . ·· .. 3391 S BROADWAY 3400 S BROADWAY , · · · :. fois BiOADWAY · 3424 S BROADWAY CllY STATE ZIP lll rus ADDRESS LAND SIZE 1sr FLR SF 2007 BY SQPT ASSESSMENT ENGLEWOOD CO II0113-2424 I 3150 S BROADWAY 9375 140! $485.19 DENVER. CO II0264-2I02 I 3100 S BROADWAY 1ons I 713 I $404.90 SALTLAXBCITY I UT 1141.57•2530 I 3120SBROADWAY 12500 I 1884 I S64S.17 ENGLEWOOD I CO 110151-0467 I 3190$BROADWAY -44375 I 9240 I EXEMPT ENGLEWOOD I CO (IOlll-1536 I · 3200 S BROADWAY 937S I 1038 I S429.6S DENVER co l10210-2610 3232 S BROADWAY I !S62S I 3175 I $935.73 urn.ETON co 110122-3134 3242 S BROADWAY I 9375 I 1520 I SSOZ.92 UTILETON CO l80U2·3134 32SO S BROADWAY I 12500 I 260 I $402.02 -ENGLEWOOD · co I 10113-2426 32lll S BROADWAY I 28125 I 9668 I $2,285.16 ENOIEWOOD CO I 10113-2421 33S6 S BROADWAY I 6250 I 2500 I $561.25 ·• ENGLEWOOD · ·.co 110113-2421 -3360SBROADWAY I 3125 I ISOO I EXEMPT ENGLEWOOD . CO I 80113-1591 3364 S BROADWAY I 312S I 247S I $4116.13 LAJa;WOOD · CO (10l27-4021 3370 S BROADWAY I 6250 I 4004 I $719.116 l.AXEWOOD _co 180227--4021 3371 S BROADWAY I 312S I 1623 I S337J2 DENVER CO IIOll0-1343 33114 S BROADWAY I 5000 I 2710 I SSS6 .92 .. ·ooLEWooo . CO I 10113-2421 3l92SB1l0ADWAY I 937S I 5947 I SI,17S.12 ENGLEWOO[! .. I: CO l80lll-2S29 3400 S BROADWAY I ll500, I 12500 ( $2,262.SO · ENGLEWOOD .. I.. CO IB0113-2S29 3422 S BROADWAY I 6250 I 2955 I $630.41 ·: ENGLEWOOD , !=0 I 10113-2S29 3424 SBROADWAY I 5875 I S690 I Sl,OlS.26 :za77-G>-t.07-401IGORDON,MARCEER-TRUSTEE%BARBARACOOK : .r~OQSFIDDLWO_REENCiRi2i251 .. ENGLEWOOD . I, co (80111-4963 ( 3500SBROADWAY I 6250 I 966 I $328.08 J077-4).l-#7~l FINERFAMJLYPROPERTIESµMITEI> .,.. .3Sl8SBROADWAY · , ENGLEWOOD ··.i::D 10113-3630 3SJ0SBR0ADWAY 5000 3376 S658.15 :lllm-OJ-l-#7-404 F!NERFAMILYPROPERTIESLIMITED .·.: ···3.SIISBROADWAY · ENGLEWOOD . CO 10113-3630 3Sl6SBROADWAY 437S 3840 S710.S6 :llm-&-t.Ol-40S I FINEJt. FAMILY PllOPERTIES IJMrIEI> · • . .. »T7-4l-1-#7-G26 IFINEJl FAMILY PROPERTIES LIMITED ~-43-2-16--002. ICXlLQN!ALBAMC I I I I i I I I I -35IISBROADWAY . ..j_..,.£NOLEWOOD . (. CO !10113-3630 ( NIA I 3125 I VACANT I S90.63 .,, ,"3;1as!iROADWAY · . I:'.: ENGLEWOOD · j: co iaom-3630 I 3522SBROADWAY I __1_[)_657 I mo I si,m.69 .309SSPARKERRD ·(.· .. AURORA ,·1-.co j10014-2ll241 3so1sBROADWAY I 31363 I 6362 I s1,s16-Ss Total 2007 Asse,sment: $105,446.69 §lj_ I /'~ 'f -1 + ORDINANCE NO. SERIES OF 2007 BY AUTHORITY COUNCIL BILL NO. 7 INTRODUCED BY COUNCIL MEMBER WOODWARD AN ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF THE CITY OF ENGLEWOOD, COLORADO REVENUE BOND (JEFFERSON HILLS PROJECT) SERIES 2007, IN A TOT AL PRINCIPAL AMOUNT NOT TO EXCEED $2 ,000,000.00; MAK.ING DETERMINATIONS AS TO SUFFICIENCY OF REVENUES AND AS TO OTHER MATTERS RELATED TO THE PROJECT AND APPROVING THE FORM AND AUTHORIZING THE EXECUTION OF CERTAIN DOCUMENTS RELATING THERETO AND DECLARING AN EMERGENCY. WHEREAS, the City of Englewood, Colorado (the "Issuer"), is authorized by the provisions of the County and Municipality Development Revenue Bond Act, article 3 of title 29, Colorado Revised Statutes, as amended (the "Act"), to issue revenue bonds for the purpose of financing projects to be located within eight miles of the nearest point of the Issuer's corporate limits for the purposes enumerated in the Act, to enter into financing agreements with others for the purpose of providing revenues to pay such bonds , and further to secure the payment of such bonds ; and WHEREAS , the Act provides that title to any project may at all times remain in the name of the user of the project; and WHEREAS , the Jefferson Hills Corporation, a Colorado nonprofit corporation (the "Borrower") and an organization described in Section 501(c)(3) of the Internal Revenue Code of 1986, as amended (the "Code"), has requested that the Issuer issue its revenue bond in accordance with the Act, such bond to be designated the City of Englewood, Colorado , Revenue Bond (Jefferson Hills Project) Series 2007 (the "Bond"), the proceeds of which shall be loaned by the Issuer to the Borrower for the purposes of (i) refinancing a previous loan which provided funds to finance the purchase of a new facility located at 1290 South Potomac Street in Aurora , Colorado and (ii) paying certain costs of issuance relating to the Bond; and WHEREAS , a Financing Agreement, to be dated as of February 1, 2007 (the "Agreement"), among the Issuer, the Borrower and FirstBank of Colorado (the "Bank") has been submitted to the Englewood City Council (the "Council") and filed in the office of the Englewood City Clerk (the "Clerk"), and is there available for public inspection; and WHEREAS, the City Council desires at this time to authorize the issuance of the Bond, for the purpose of financing the Project; and WHEREAS, the Borrower has informed the Issuer that the Project is located within eight miles of the neare t point of the Issuer' corporate limit; and WHEREAS, a public hearing concerning the propo ed Bond and the nature and location of the Pr ~cct i cheduled to be held on February 5 , 2007 , and uch public hearing, together with the written • ppro , 1 of th i uance of the Bond and the financin of the Project, in accordance with Section 147(f) o f th Int mal Revenue ode of 19 6 will b required a condition to the i uancc and ale of th Bond ; nd 9 b ii WHEREAS, it is necessary or desirable to authorize the issuance of the Bond by Ordinance and to approve the form and authorize the execution of the Agreement. NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ENGLEWOOD AS FOLLOWS: Section I. Determinations . It is hereby found , determined and declared, that: (a) The financing of the Project will promote the public health, welfare, safety, convenience and prosperity and promote and develop trade or other economic activity by inducing a non-profit corporation to locate, expand or remain in the Issuer and the State of Colorado to secure and maintain a balanced and stable economy for the Issuer and the State of Colorado. (b) The maximum amounts necessary in each year to pay the principal of and interest on the Bond and the interest rate or rates to be borne by the Bond is as provided in the Agreement. (c) The payments required in the Agreement to be made are sufficient to pay the principal of and interest on the Bond when due, and to pay all other costs required in the Agreement to be paid, including all sums referred to in paragraphs (b), (d) and (e) of this section. (d) The Agreement provides that the Borrower shall maintain the Project in good repair and carry all proper insurance with respect thereto. (e) The Agreement requires that the Borrower pay the taxes and other governmental charges, if any, with respect to the Project, including taxes and charges which the taxing entities specified in C .R.S. Section 29-3-120 are entitled to receive, and sufficient revenues (f) The Issuer hereby certifies that the reasonably anticipated aggregate amount of tax- exempt obligations which will be issued by the Issuer and all subordinate entities of the Issuer during the calendar year 2007 ( excluding the portion of obligations issued to currently refund any obligation to the extent the amount of the refunding obligation does not exceed the outstanding amount of the refunded obligation) will not exceed $10,000,000 . Accordingly, the Issuer hereby designates the Bond for purposes of Section 265(b )(3) of the Code as a "qualified tax-exempt obligation." Section 2. Issuance and Sale of Bond. The Issuer shall issue its Revenue Bond (Jefferson Hills Project) Series 2007, to be in registered form and to be dated as provided in the Agreement, in a total principal amount not to exceed $2 ,000,000.00, for the purposes, in the forms and upon the terms set forth in this Ordinance and the Agreement, including the form of the Bond as set forth in the Agreement. The Bond shall be payable in the manner and to the persons set forth in the Agreement and the fom1 of the Bond set forth therein. The maximum net effective interest rate authorized for the Bond shall not exceed 12% per annum, until the date of maturity no later than March I , 2022. Section 3. Approvals and Authorization . The form of the Agreement, incl ud ing the form of the Bond (collectively, the "I uer Documents") are hereby a pproved . The M ayor of the City of Englewood, olorado and the !erk are hereby aut horized and directed to execute the l uer Document and to affix the ea ! of the I uer thereto, an d further to execute and authenticate uch other document , in trument or certificate a are deemed necc sary or de irable by bond coun el in order to i ue and sec ur the Bond . Such d ument are to be executed in ub tantially the form hereinabove appr ved, provided that u h d ument m y be ompleted , rrected , or re i ed de med n ry by the parti th cr t in rdcr t rry ut th purpo f thi rdin n e . pi f II f the d um nt II delivered , filed and recorded as provided therein . The rights , title and interest of the Issu er in the Agreement when executed , shall , by the terms thereof, have been assigned to the FirstBank. The proper officers of the Issuer are hereby authorized and directed to prepare and furnish to bond counsel certified copies of all proceedings and records of the Issuer relating to the Bond and such other affidavits and certificates as may be required to show the facts relating to the authorization and issuance thereof, as such facts appear from the books and records in such officers' custody and control. The approval hereby given to the various documents referred to above includes the approval of such additional details therein as may be necessary and appropriate for their completion and such modifications thereof, deletions there from, and additions thereto as may be approved by bond counsel prior to the execution of the documents. The execution of any instrument by the appropriate officers of the Issuer herein authorized shall be conclusive evidence of the approval by the Issuer of such instrument in accordance with the terms hereof. Section 4 . Nature of Obligation. Under the provisions of the Act, and as provided in the Agreement and the Bond, the Bond shall be a special, limited obligation of the Issuer payable solely from, and secured by a pledge of, the revenues derived from the Agreement, and any deed of trust provided by the Borrower. The Issuer will not pledge any of its property or secure the payment of the Bond with its property . The Bond and the interest thereon shall never constitute the debt or indebtedness or a multi- year fiscal obligation or the financial obligation of the State of Colorado or any political subdivision thereof, including the Issuer, within the meaning of any provision or limitation of the Colorado Constitution or statutes of the State of Colorado, and shall not constitute or give rise to a pecuniary liability of the Issuer, its agents, employees or officers , or a charge against its general credit or taxing powers. In entering into the Issuer Documents , the Issuer will not obligate itself, except with respect to the application of the revenues derived from the Agreement and the Bond proceeds. The Issuer will not pay out of its general fund or otherwise contribute any part of the cost of financing the Project. No costs are to be borne by the Issuer in connection with the issuance of the Bond. The Agreement provides that all fees and expenses of the Issuer shall be paid by the Borrower. Section 5. Bond Printing and Related Matters. The Mayor and Clerk of the Issuer are hereby authori zed and directed to execute the Bond and the Borrower shall arrange for the printing of the Bond. The Borrower shall pay for all costs in connection with the preparation and printing of the Bond and no such c os t s ar e to be borne by the Issuer . The Bond will be purchased by the Bank in accordance with the Agreement. Section 6. Bond Ordinance Irrepealabl e. After the Bond is iss u ed , t hi s Ord inance sha ll constitute an irrevocable contract between the Issuer and the holder(s) of the Bond and shall be and remain irrepealable until the Bond, both principal and interest, shall be fully paid, cancelled and discharged . Section 7. Ratification . All actions heretofore taken by the Issuer and by the officers thereof or on their behalf not inconsistent herewith directed toward the financing of the Project and the issuance and sale of the Bond are hereby ra tified , approved and confirmed. Repealer . All acts , orders, ordinances, or parts thereof, taken by the Issuer and in conflict with th.i rdinance, are hereby repea led except that this repealer shall not be construed so as to revive any a t, order, ordinance, or part thereof heretofore repealed. ther Matters. By the pa age of thi Ordinance, the ity Council doe not e, nor i it approving hereby , any matter relating to licen ing, penr.itting, ubdivi ion r land caping of the Project. Section 10 . Severability. If any paragraph, clause, section or provision of this Ordinance, except Section 4 hereof, is judicially adjudged invalid or unenforceable, such judgment shall not affect , impair or invalidate the remaining paragraphs, clauses, sections or provisions hereof. Section 11. Emergency Declaration. The City Council recognizes that market interest rates are changing materially from day to day, that the Agreement is scheduled to become effective February 23, 2007 and that the Borrower desires to effect the refinancing of its loans and ensure its currently negotiated rate is not required to be reset at greater costs to the Borrower; therefore, the City Council hereby finds and determines that this Ordinance is necessary for the immediate preservation of public property, health, peach and safety and shall be in full force and effect immediately upon final passage by the City Council. Section 12 . adoption. Effective Date. This Ordinance shall be effective immediately after final Introduced, read in full, and passed as an emergency bill for an ordinance on first reading on the 5th day of February, 2007. Published as an Emergency Bill for an Ordinance on the 9th day of February, 2007. A Public Hearing was held on February 5th , 2007. Read by title and passed on final reading as an Emergency Ordinance on the 20th day of February, 2007 . Published by title as Emergency Ordinance No._, Series of 2007 , on the 23rd day of February, 2007. Olga Wolosyn, Mayor ATTEST Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Emergency Ordinance passed on final reading and published by title as Ordinance No . , Series of 2007. Loucrishia A. Ellis 9 b iii BY AUTHORITY ORDINANCE NO. SERIES OF 2007 COUNCIL BILL NO. 8 INTRODUCED BY COUNCIL MEMBER TOMASSO AN ORDINANCE OF THE CITY OF ENGLEWOOD, COLORADO AUTHORIZING AND APPROVING THE LEASE-PURCHASE OF FIRE TRUCKS FOR THE CITY AND PROVIDING DETAILS IN CONNECTION WITH THE LEASE-PURCHASE TRANSACTION AND DECLARING AN EMERGENCY. WHEREAS, the City of Englewood, Colorado (the "City"), is a home rule municipality of the State of Colorado (the "State") duly organized and operating under the Home Rule Charter of the City (the "Charter") and the constitution and laws of the State; and WHEREAS, pursuant to Section 30 of the Charter, the City Council of the City (the "Council") has all municipal legislative powers as conferred by general law, except as provided by the Charter; and WHEREAS, in December of 2006, following the competitive bidding procedures set forth in • Section 113 of the Charter, the City approved a purchase order to be supplied by Transwest Trucks Inc. for the building, equipping and acquisition of two fire trucks generally consisting of a heavy rescue pumper and a 1500 gallon-per-minute pumper (collectively, the "Fire Trucks") which are expected to be delivered to the City prior to year-end 2007; and WHEREAS, pursuant to Section 31-15-101 of the Colorado Revised Statutes, the City has the power to lease-purchase personal property and the Council desires to spread the cost of acquiring the Two Fire Trucks over a period not to exceed eleven years through the lease-purchase of such equipment; and WHEREAS, the City will advance funds for payment of a portion of costs of the Fire Trucks in anticipation of financing their building, equipping and acquisition by lease-purchase in order to take advantage of certain discounts offered by the supplier; and WHEREAS, the City has received a proposal from Stifel Nicolaus & Company, Incorporated to effect the lease-purchase of the Fire Trucks at a net effective rate not in excess of 5 .75% per annum, which rate is to be determined at the time of the closing on the transaction; and WHEREAS, the details of the transaction are more fully set forth in a Master Equipment Lease/Purchase Agreement (the "Lease Agreement"), and the financial obligation of the City under the Lease Agreement shall constitute currently budgeted expenditures of the City; and WHEREAS, the Council is desirous of authorizing and directing the transaction described above; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Section l . Approval of Lease Purchase Terms. The City Council hereby approves the lease- purchase of Two Fire Trucks for an amount not to exceed $950,000 (which amount, in whole or in part, shall reimburse the City for funds which the City currently intends to advance), with annual payments not to exceed $135,000. The City Council hereby delegates to the Mayor, or in the absence thereof, the Mayor Pro Tern, the authority to determine the net effective rate for the lease-purcha e , which rate hall not be in exce of 5.7 5% per annum, and the term of the lease-purcha e financing, whi h t rm hall not exceed eleven year . e ti n 2. ppr v I of Lease Agreement . The Lea e Agreement , in ub tantially the form nd with ub tanti lly the content pr ented to the ity, i in all re pect pproved uthorized nd nfinn . Section 3 . Execution and Delivery of Documents. The Mayor or, in the absence thereof, the Mayor Pro Tern is hereby authorized and d irected to execute the Lease Agreement, and the signature of the Mayor or Mayor Pro Tern shall conclusively determine acceptance of the final form and content of the Lease Agreement and the valid execution of the Lease Agreement by the City . Additionally, the Mayor, other officials and employees of the City are hereby authorized and directed to execute and deliver for and on behalf of the City any and all additional agreements , cert ificates , documents and other papers and to perform all other acts that they may deem necessary or appropriate in order to implement and carry out the transaction authorized and contemplated by this Ordinance, including but not limited to an Internal Revenue Service Form 8038-G. Section 4. Declarations and Findings. The City Council hereby determines and declares that the rental payments under the Lease Agreement (the "Rental Payments") represent the fair value for the use of the Fire Trucks , and that the Purchase Price (as defined in the Lease Agreement) represents the fair purchase price of the Fire Trucks. The City Council hereby determines and declares that the Rental Payments do not exceed a reasonable amount so as to place the City under an economic or practical compulsion to appropriate moneys to make payments under the Lease Agreement or to exercise its option to purchase the Fire Trucks pursuant to the Lease Agreement. In making such determinations, the City Council has given consideration to the current market value of the Fire Trucks, the cost of building, equipping and acquiring the Fire Trucks, the option of the City to purchase the Fire Trucks, and the expected eventual vesting of full title to the Fire Trucks in the City. The City Council hereby determines and declares that the duration of the Lease Agreement, including all optional renewal terms, authorized under this Ordinance, does not exceed the weighted average useful life of the Fire Trucks . Section 5. Bank-Qualified Determination. The City hereby designates the Lease Agreement as a "qualified tax-exempt obligation" for purpo ses of Secti on 265 (b)(3) of the Internal Revenue C ode of 1986 , as amended . Section 6 . Obligations of the City . No provision of this Ordinance or the Lease Agreement shall be construed as creating or constituting a general obligation or a multiple-fiscal year direct or indirect indebtedness or other financial obligation whatsoever of the City nor a mandatory payment obligation of the City in any ensuing fiscal year beyond any fiscal year during which the Le as e Agreement shall b e in effect. Section 7. Rat ifi cation of Pri or Actio ns. Al l actions heretofo re taken (not inconsistent wit h the provisions of this Ordina nce) by the City Council or by the officers and empl oyees of the City regarding the acquisition or lease-purchase of the Fire Trucks, or directed toward satisfaction of the City's obligations under the Lease Agreement, are hereby ratified, approved and confirmed. Section 8 . Severability. It is hereby expressly declared that all provisions hereof and their application are intended to be and are severable. In order lo implement such intent, if any provision hereof or the application thereof is determined by a court or administrative body to be invalid or unenforceable, in whole or in part , such determination shall not affect, impair or invalidate any other provision hereof or the application of the provision in question to any other situation; and if any provision hereof or the application thereof is determined by a court or admini trative body to be valid or enforceable only if its application is limited, its application shall be limited as required to most fully implement its purpo e. tion 9 . ff ective Date . The rdinan e hall be effective imm diately after final adoption . ·~------------ Section 10. Repealer. All ordinances, or parts thereof, inconsistent or in conflict herewith are hereby repealed to the extent only of such inconsistency or conflict. Section 11. Emergency Declaration. The City Council recognizes that market interest rates are changing materially from day to day, and that the City desires to effect the financing of its lease and ensure it does not incur greater costs to the City; therefore, the City Council hereby finds and determines that this Ordinance is necessary for the immediate preservation of public property, health, peach and safety and shall be in full force and effect immediately upon final passage by the City Council. Introduced, read in full, and passed as an emergency bill for an ordinance on first reading on the 5th day of February, 2007. Published as an Emergency Bill for an Ordinance on the 9th day of February, 2007. A public hearing was held on February 5 1 \ 2007. Read by title and passed on final reading as an Emergency Ordinance on the 20th day of February, 2007. Published by title as Emergency Ordinance No. _, Series of 2007, on the 23rd day of February, 2007. Olga Wolosyn, Mayor ATIEST Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Emergency Ordinance passed on final reading and published by title as Ordinance No . , Series of 2007. Loucrishia A . Ellis ( ORDINANCE NO. SERIES OF 2007 BY AUTHORITY ABILLFOR COUNCIL BILL NO. 9 INTRODUCED BY COUNCIL MEMBER ------ AN ORDINANCE AMENDING TITLE 8, CHAPTER 2, ARTICLE A, OF THE ENGLEWOOD MUNICIPAL CODE 2000, PERTAINING TO THE BUILDING CODE OF THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the City of Englewood has used the Uniform Building Code as a model construction code since 1971 ; and WHEREAS, this Code is updated periodically to keep pace with changing construction technology; and WHEREAS, the City of Englewood Division of Building and Safety staff has thoroughly reviewed the International Building Code 2006 and recommends adoption thereof subject to certain exceptions, modifications and amendment; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The City Council of the City of Englewood, Colorado hereby authorizes the repeal of Title 8, Chapter 2, Article A , of the Englewood Municipal Code 2000, in its entirety. Section 2 . The City Council of the City of Englewood, Colorado hereby adopts the International Building Code 2006 as Title 8, Chapter 2, Article A, of the Englewood Municipal Code 2000, to read as follows : CHAPTER2 CONSTRUCTION AND SAFETY CODES ARTICLE A BUILDING CODE 8-2A-l: CODE ADOPTED : There is hereby adopted, by reference thereto, the International Building Code 2006 Edition, in its entirety including errata updates, published as part of this Code, published by the International Code Council, Inc., 4051 West Flossmoor Road, Country Club Hills, Illinois 60478-5795, subject to the exceptions, modifications and amendments set forth in Section 8-2A-2 of this Article. The City Clerk shall maintain a copy of the Code and errata update which will be available for inspection during regular business hours. -1- 1{ 4.j 8-2A-2: SPECIFIC MODIFICATIONS TO ADOPTED CODE: The following specific changes , modifications and amendments are hereby made in the provisions of the International Building Code 2006, hereinabove adopted: A. CHAPTER 1 . ADMINISTRATION. 1. 101.1 Title. (Shall be amended to reacl) These regulations shall be known as the Building Code of the City of Englewood, hereinafter referred to as "this Code". 2 . 101.4.4 Plumbing. (Deleted the last sentence) 3. 101.4.5 Property maintenance. (Deleted in its entirety) 4 . 102.6 Existing Structures. (Shall be amended to reacl) The legal occupancy of any structure existing on the date of adoption of this Code shall be permitted to continue without change, except as is specifically covered in this Code; within Title 9 EMC or the International Fire Code, or as deemed necessary by the building official for the general safety or welfare of the occupants and the public. 5. 103.1 Creation of the enforcement agency . (Shall be amended to reacl) The Division of Building and Safety is hereby created and the official in charge thereof shall be known as the building official. 6 . 103.3 Deputies. (Deleted la st sentence) 7. 105.1.1 Annual permit. (Deleted in its entirety) 8. 105.1.2 Annual permit records . (D eleted in its entirety) 9. 105.2 Work exempt from permit. Building: 2. (D eleted in its entirety) Refer to Title 16 EMC for fence requirements. 4 . (Deleted in its entirety) Refer to Title 16 EMC for wall requirements . 6. (Deleted in its entirety) Refer to Title 16 EMC for driveway and si dewalk requirement .,, -2 - ( 10. 10S.S Expiration. (Deleted in its entirety. Replaced with the following to read as follows) Every pennit issued by the building official under the provisions of this Code shall expire by limitation and become null and void if the work authorized by such pennit is not commenced within 180 days from the date of such pennit; or if inspections have not been requested by applicant for a period of 180 days; or if the work authorized by such pennit is suspended or abandoned for a period of 180 days; after the work is commenced. Before such work can be recommenced, a new pennit shall be first obtained and the fee therefore shall be one-half the amount required for a new pennit for such work, provided no changes have been made or will be made in the original construction documents for such work, and provided further that such suspension or abandonment has not exceeded one year. In order to renew a pennit after one year, the pennittee shall pay a new full pennit fee. 11. 10S.S.l Extensions. (Added a new Subsection to read) A pennittee holding an unexpired pennit shall have the right to apply for an extension of the time, as determined by the building official, within which the pennittee will commence work under that permit when work is unable to be commenced within the time required by this section for good and satisfactory reasons, as determined by the building official. The building official shall extend the time for action by the permittee for a period not exceeding 180 days. No pennit shall be extended more than once. 12. 108.2 Schedule of permit fees. (Deleted in its entirety. Substitute the following) The fee for each permit shall be as follows: -3- TABLE l BUILDING PERMIT FEES Total Va luation I Fee $1.00 to $500.00 $23 .50 $501.00 to $2,000.00 $23 .50 for the first $500.00 plus $3.05 for each additional $100.00, or fraction thereof, to and including $2,000.00 $2 ,001 .00 to $25 ,000.00 $69 .25 for the first $2,000 .00 plus $14.00 for each additional $1,000.00, or fraction thereof, to and including $25 ,000.00 $25 ,001 .00 to $50,000 .00 $391.25 for the first $25,000.00 plus $10.10 for each additional $1,000.00, or fraction thereof, to and including $50,000.00 $50,001.00 to $100,000.00 $643 .75 for the first $50,000 .00 plus $7 .00 for each additional $1,000.00, or fraction thereof, to and including $100,000 .00 $100,001.00 to $500,000 .00 $993 .75 for the first $100,000.00 plus $5 .60 for each additional $1,000.00, or fraction thereof, to and including $500,000.00 $500,001 .00 to $1 ,000,000 .00 $3 ,233.75 for the first $500,000.00 plus $4.75 for each additional $1,000 .00 or fraction thereof, to and including $1 ,000,000.00 $1 ,000,001.00 and up $5 ,608 .75 for the first $1,000,000.00 plus $3.15 for each additional $1,000.00 or fraction thereof. -4-.. ..... OTHER FEES Original Plan Review fee shall be 65% of the building permit fee as shown in Table 1. Additional Plan Review Fees $47.00 per hour Exemption To Plan Review Fee Exception: the 65% plan review fee shall be waived for single-family, owner occupied, dwellings. (8-2A-2D EMC) Reinspcction Fees $47.00 Issuance of Temporary Certificate Of Occupancy $150.00 Annual certificates of elevator inspection For each elevator $165 .00 (2006 $15.00 increase by DRCOG) For each escalator or moving walk $165.00 For each commercial dumbwaiter ... $165 .00 -5- 13 . 108.3 Building permit valuations. (Deleted in its entirety. Substitute the following) The detennination of value or valuation under any provisions of this Code shall be made by the building official. The value to be used in computing the permit and plan review fees shall be the total value of all construction work for which the pennit is issued, as well as all finish work, painting, roofing, electrical, plumbing, heating, air conditioning, elevators, fire systems and any other permanent equipment. The building official may also utilize Building Valuation Data published in the ICC Building Safety Journal as a recognized standard to establish valuation. 14. 108.3 Valuations. (Amended to add a new subsection 108.3.1 to read as follows) 108.3.1 Miscellaneous Valuations. Valuation for miscellaneous projects shall be detennined by applying the following schedule: Asphalt roofing Fencing $75 .00 per square $20.00 per linear foot 15 . 108.6 Fee Refunds. (Deleted in its entirety. Substitute the following) a. The building official may authorize refunding of any fee paid hereunder which was erroneously paid or collected. b. The building official may authorize refunding of not more than eighty percent (80%) of the permit fee paid when no work has been done under a permit issued in accordance with this Code. c. The building official may authorize refunding not more than eighty percent (80%) of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan review is done. d . The building official shall not authorize refunding of any fee paid except on written application filed by the original permitee not later than 180 days after the date of fee payment. 16 . Section 109. Inspections. (Amended to add a new subsection to read as follows) 109.7 Reinspections a . A reinspection fee may be assessed for each inspection or reinspection when, such portion of work for which inspection is called is not complete; the corrections called for are not made; the inspection record card is not posted or otherwise available on the work site; the approved plans are not readily available to the inspector; perrnittee fails to provide access to the site; or permitee's deviation from plans requires approval of the building official. -6- ( b. To obtain a reinspection, the applicant shall file an application therefore in writing on a form furnished for that purpose and pay the reinspection fee in accordance with Table 1. c . In instances where reinspection fees have been assessed, no additional inspections of the work will be performed until the reinspection fees have been paid. 17. 110.3 Temporary occupancy. (Shall be amended to add a new subsection 110.3.1) 110.3.1 Temporary Occupancy Fee. The fee for a Temporary Certificate of Occupancy is as set forth in Table 1, of this Chapter. 18. Section 112 Board of Appeals. (Deleted in its entirety) Refer to 8-1-7 EMC for requirements of this section. 19. Section 113 Unlawful Act. (Deleted in its entirety) Refer to 8-1-8 EMCfor requirements of this section. 20. 113.4 Violation Penalties. (Deleted in its entirety) Refer to 8-1-9 and 8-1-10 EMC for requirements of this section . B. CHAPTER 10 -MEANS OF EGRESS. 1. 1009.11 Stairway to Roof. (Shall be amended to read) In buildings located three or more stories in height above grade plane, one stairway shall extend to the roof surface, unless the roof has a slope steeper than four units vertical in 12 units horizontal (33-percent slope). In buildings without an occupied roof, access to the roof from the top story shall be permitted to be by an alternating tread device . C. CHAPTER 16 -STRUCTURAL DESIGN . l . Section 1608 Snowloads. a. 1608.1 General . (Deleted in its entirety. Substitute the following) The design roof snow load sha ll not b e less than 30 pounds per square foot at any elem ent of the roof. b . 1608.2 Ground snow loads. (Deleted in its entirety. Substitute the following) The ground snow load established for the City of Englewood is 30 pounds per square foot. 2 . ection 1609 Windload . -7- a . 1609.3 Basic wind speed . (D eleted in its entirety . Subs titute th e following) The minimum basic wind speed is hereby designated at ninety (90) miles per hour 3-second gust. b . 1609.4 Exposure category. (Shall be amended By by adding th e following sentence to the end of existing paragraph) Exposure B shall be used for the design of all structures in the City of Englewood. D . CHAPTER 21 -MASONRY. 1. 2111 Masonary Fireplaces. (Shall be amended by adding a new Subs ection to r ead as follo ws) a . 2111.1.1 Fireplace restrictions. Fireplaces shall comply with the Englewood Municipal Code, Sections 6-1-11 and 6-1-12. E . APPENDICES. (Shall be am ended to read as follows) l. Delete all except Appendix I -Patio Covers which is hereby adopted. Section 3 . Safety Clauses. The City Council hereby finds , detennines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 4. Severability . If any clause, sentence, paragraph, or part of thi s Ordinance or the application thereof to any person or c i rcumstances shall for any reason b e adjudged by a court o f competent jurisdiction invalid, such judgment shall not affect, imp a ir o r inval id ate the r emainder of this Ordinance or it a ppl ication to o ther p erson s or c ircum stances. Section 5 . Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 6. Effect of repeal or modification. The repeal or modification of any provision of the ode of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings , and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgn1ent, decree, or order which can or may be rendered, entered, or made in uch action , suit , proceeding , or pro ecutions . -8- ( Section 7. The International Energy Conservation Code is hereby adopted by reference in Chapter 13 of the International Building Code 2006, as adopted . Section 8. Choice of Code. Any party who has a pending application, where the permit application and final site plan have been submitted to the City before the date of final adoption of this Ordinance, shall make an election to proceed under either the current Code or the 1997 Code but not a combination thereof. Section 9. Penalty. The Penalty Provision of E.M .C . Section 1-4-1 shall apply to each and every violation of this Ordinance. Introduced, read in full, and passed on first reading on the 20th day of February, 2007. Published as a Bill for an Ordinance on the 23rd day of February, 2007. ATIEST: Olga Wolosyn, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 20th day of February, 2007. Loucrishia A. Ellis -9 - r. ' COUNCIL COMMUNICATION Date: Agenda Item : Subject: February 20, 2007 11 a i Adoption of the International Building Code 2006 Initiated By: Staff Source: Safety Services, Division of Build ing and Safety Lance Smith, Chief Building Official COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The adoption of the International Building Code 2006 was reviewed by City Council at the August 21, 2006 Study Session . RECOMMENDED ACTION Staff recommends Council approve a Bill for an Ordinance adopting the International Building Code 2006 to establish minimum requirements to safeguard the public health, safety and general welfare. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The City of Englewood has used the Uniform Building Code as a model construction code since 1971 and updates this c ode periodically to keep pace with changing construction technology. Building and Safety staff has thoroughly reviewed the International Building Code 2006 and re c ommends adoption subject to certa in exce ptions, modi fica t ion s and amendments. FINANCIAL IMPACT The only costs associated with the ordinance would be for the purchase of code books . The estimated amount is approximately $200 and this has been budgeted for in the 2007 Budget. LIST OF ATIAC HMENTS Bill for an Ordinance I ORDINANCE NO. SERIES OF 2007 BY AUTHORITY ABILLFOR //11,j i COUNCIL BILL NO. 10 INTRODUCED BY COUNCIL MEMBER ------ AN ORDINANCE AMENDING TITLE 8, CHAPTER 2, ARTICLED, OF THE ENGLEWOOD MUNICIPAL CODE 2000, PERTAINING TO THE ELECTRICAL CODE OF THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the City of Englewood has used the National Electrical Code as a model construction code since 1970; and WHEREAS, this Code is updated periodically to keep pace with changing construction technology; and WHEREAS, internationa'ily, code officials recognized the need for provisions to administer the National Electrical Code. The International Code Council Electrical Code- Administrative Provisions, in this 2006 edition, is designed to meet these needs; and WHEREAS, the City of Englewood Division of Building and Safety staff has thoroughly reviewed the National Electrical Code 2005 and the International. Code Council Electrical Code Administrative Provisions 2006 and recommends adoption thereof subject to certain exceptions, modifications and amendment; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The City Council of the City of Englewood, Colorado hereby authorizes the repeal of Title 8, Chapter 2, Article D , of the Englewood Municipal Code 2000, in its entirety. Section 2 . The City Council of the City of Englewood, Colorado hereby adopts the National Electrical Code 2005 and the International Code Council Electrical Code 2005 Administrative Provisions 2006 as Title 8, Chapter 2, Article D of the Englewood Municipal Code 2000, to read as follows : CHAPTER2 CONSTRUCTION AND SAFETY CODES ARTICLED ELECTRICAL CODE -1- 8-2D-1: CODE ADOPTED: There is hereby adopted, by reference thereto, the National Electrical Code 2005, Published by NFP A and the International Code Council Electrical Code Administrative Provisions 2006 Edition, published by the International Code Council, Inc ., in its entirety, 4051 West Flossmoor Road, Country Club Hills, Illinois 60478-5795, including errata updates, published as part of this Code, subject to the exceptions, modifications and amendments set forth in Section 8-2D-2 of this Article. The Clerk shall maintain a copy of the Code which will be available for inspection during regular business hours . 8-2D-2 : SPECIFIC MODIFICATIONS TO ADOPTED CODE: The following specific changes, modifications and amendments are hereby made in the provisions of the International Code Council Electrical Code Administrative Provisions 2006, hereinabove adopted: A. CHAPTER 1 -SCOPE. I . 101.1 Title. (Shall be amended to read as follows) These regulations shall be known as the Electrical Code of the City of Englewood, hereinafter referred to as "this code." B. CHAPTER 3 -ORGANIZATION AND ENFORCEMENT. 1. Section 301-Department of Electrical Inspection. (Deleted in its entirety) C. CHAPTER 4 -PERMITS AND FEES . 1. 403.2 Expiration. (Deleted in its entirety. Substitute the following) Refer to Section 105 .5 of the amended (IBC) Building Code of the City of Englewood for requirements of this section. 2. 403.3 Extensions. (Deleted in its entirety. Substitute th e following) Refer to Section 105.5.1 of the amended (IBC) Building Code of the City of Englewood for requirements of this section. 3 . 404.2 S chedule of permit fees. (Deleted in its entirety. Substitute th e following) Refer to Section 108 .2 of the amended (IBC) Building Code of the City of Englewood for requirements of this section. 4 . 404.S Refunds. (Deleted in its entirety. Subs titute the following) Refer to Section 108 .6 of the amend ed (IBC) Build ing Code of the ity of Englewood for requirements of this section. D . hapter 10 -VIOLATION S. 1. 1001.1 Unl awful act . (D eleted in its entire ty . Substitute th e f ollowing) R ef er t o 8-1-EM for requirement of thi ection. -2- I 2. 1001.4 Violation penalties . (Deleted in its entirety. Substitute the following) Refer to 8-1-9 and 8-1-10 EMC for requirements ofthis section. E. Chapter 11 -MEANS OF APPEAL . (Deleted chapter in its entirety) Refer to 8-1-7 EMC for requirements of this section. Section 3. Safety Clauses. The City Council hereby finds , determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 4 . Severability. If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or it application to other persons or circumstances. Section 5. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 6. Effect of repeal or modification. The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, e ither civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture , or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. Section 7. Choice of Code. Any p arty w h o has a pending appl ication, wh ere the permit application and final site plan have been submitted to the City before the date of final adoption of this Ordinance, shall make an election to proceed under either the current Code or the 1997 Code but not a combination thereof. Section 8 Penalty. The Penalty Provision of E .M .C . Section 1-4-1 shall apply to each and every violation of this Ordinance. Introduced, read in full , and passed on first reading on the 20th day of February, 2007 . -3 - Published as a Bill for an Ordinance on the 23rd day of February, 2007. Olga Wolosyn, Mayor ATIEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 20th day of February, 2007. Loucrishia A. Ellis -4- ' t' COUNCIL COMMUNICATION Date: Agenda Item: Subject: February 20, 2007 11 a ii Adoption of the National Electrical Code 2005 and International Code Council Electrical Code - Administrative Provisions 2006 Initiated By: Staff Source: Safety Services, Division of Building and Safety Lance Smith, Chief Building Official COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The adoption of the National Electrical Code 2005 and International Code Council Electrical Code - Administrative Provisions 2006 were reviewed by City Council at the August 21, 2006 Study Session. RECOMMENDED ACTION Staff recommends Council approve a Bill for an Ordinance adopting the National Electrical Code 2005 and International Code Council Electrical Code -Administrati ve Provisions 2006 to establish minimum requirements to safeguard the public health, safety and general welfare. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The City of Englewood has used the National Electrical Code as a model construction code since 1970 and updates this code periodically to keep pace with changing construction technology. Building and Safety staff has thoroughly reviewed the National Electrical Code 2005 and the International Co de Counci l Elec tri cal Code -Administrative Provi sion s 2006 and r ec ommend s ad o pti o n subj ec t to ce rtain exce ptions, m o d ifi ca tion s and amendm ents. FINAN CIAL IMPA CT Th e only c osts associated with the ordinance would be for the purchase of code books. The es timated amount is approximately $200 and this has been budgeted for in the 2007 Budget. LI ST OF ATTACHMENTS Bill fo r an Ordin ance I ORDINANCE NO. SERIES OF 2007 BY AUTHORITY ABILLFOR }(a.iii COUNCIL BILL NO. 11 INTRODUCED BY COUNCIL MEMBER _____ _ AN ORDINANCE ADOPTING A NEW TITLE 8, CHAPTER 2, ARTICLE H, OF THE ENGLEWOOD MUNICIPAL CODE 2000, PERTAINING TO THE FUEL GAS CODE OF THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the City of Englewood has used the Uniform Plumbing and Mechanical codes as a model construction code for fuel gas systems since 1972; and WHEREAS, these codes are updated periodically to keep pace with changing construction technology; and WHEREAS, internationally, code officials recognized the need for a modem, up-to-date fuel gas code addressing design and installation of fuel gas systems and gas fired appliances through requirements emphasizing performance. The International Fuel Gas Code in this 2006 edition, is designed to meet these needs; and WHEREAS, the City of Englewood Division of Building and Safety staff has thoroughly reviewed the International Fuel Gas Code 2006 and recommends adoption thereof subject to certain exceptions, modifications and amendment; and WHEREAS, the adoption of this Code will enhance the safety of the citizens of Englewood; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COWRAOO, AS FOLWWS : Section l . The City Council of the City of Englewood, Colorado hereby adopts the Fuel Gas C ode 2006 as Title 8, Chapter 2 , Article H of the Englewood Municipal Code 2000, to read as follows: CHAPTER2 CONSTRUCTION AND SAFETY CODES ARTICLEH FUEL GAS CODE -1- I !, ;i 1 i I ' i ! I . 8-2H-l: CODE ADOPTED: There is hereby adopted, by reference thereto, the International Fuel Gas Code 2006 Edition, in its entirety including errata updates, published as part of this Code, published by the International Cod( Council, Inc., 4051 West Flossmoor Road, Country Club Hills, Illinois 60478-5795, subject to the exceptions, modifications and amendments set forth in Section 8-2H-2 of this Article. The Clerk shall maintain a copy of the Code which will be available for inspection during regular business hours. 8-2H-2: SPECIFIC MODIFICATIONS TO ADOPTED CODE: The following specific changes, modifications and amendments are hereby made in the provisions of the International Fuel Gas 2006, hereinabove adopted: A. CHAPTER 1. ADMINISTRATION l. 101.1 Title. (Shall be amended to read) These regulations shall be known as the International Fuel Gas (IFGC) Code of the City of Englewood, hereinafter referred to as "this Code." 2. Section 103 Department of Inspection (Deleted in its entirety) 3. 105.1 Modifications. (Deleted the last three words. Substitute the following) Division of Building and Safety. 4 . 106 (IFGC) Permits 106.1 When required. (Shall be amended to read) An owner, authorized agent or contractor who desires to erect, install, enlarge, alter, repair, remove, convert of replace an installation regulated by this code, or to cause such work to be done, shall first make application to code official and obtain the required permit for the work. Exception: Where equipment replacements and repairs are required to be performed in an emergency situation, the permit application shall be submitted within the n e xt working bus iness d ay of the D ivi sion o f B uilding and Safety. 5 . 106.4.3 Expiration. (Deleted in its entirety. Substitute th e following) Refer to Section 105 .5 of the amended (IBC) B uilding Code of t h e City of E n g lew ood for requ irem ents of this section . 6 . 106.4.4 Extensions (D elete in its entirety and s ubstitute the following) Refer to section 105.5 .1 of theam e nded (IB ) Building Code of the ity of Englewood for requ irement ofthi ection. -2- I 7. 106.5.2 Permit Fee schedule. (Deleted in its entirety. Substitute the following) Refer to Section 108 .2 of the amended (IBC) Building Code of the City of Englewood for requirements of this section. 8 . 106.S.3 Fee refunds. (Deleted in its entirety. Substitute the following) Refer to Section 108.6 of the amended (IBC) Building Code of the City of Englewood for requirements of this section. 9. 107.2.3 Reinspections. (Deleted in its entirety. Substitute the following) Refer to Section 109 . 7 of the amended (IBC) Building Code of the City of Englewood for requirements of this section. 10. 108.1 Unlawful acts. (Deleted in its entirety. Substitute the following) Refer to 8-1-8 EMC for requirements ofthis section. 11. 108.4 Violation penalties. (Deleted in its entirety. Substitute the following) Refer to 8-1-9 AND 8-1-10 EMC for requirements of this section. 12. Section 109 Means of Appeal. (Deleted in its entirety Substitute the following.) Refer to Title 8-1-7 EMC for requirements of this section. Section 2. Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 3 . Severability. If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect , impair or invalidate the remainder of this Ordinance or it application to other persons or circumstances. Section 4 . Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 5 . Effect of repeal or modification. The repeal or modification of any provision of the ode of the City of Englewood by this Ordinance shall not release, extingui h, alter, modify, or change in whole or in part any penalty, forfeiture , or liability, either civil or criminal, which shall have been incurred under such provision, and each provi ion hall be treated and held as still remaining in force for the purpose of u tainin any and all proper action , uit , proceeding , and pro ecutions for the enfi rcement of the penalty, forfeiture , or liability, a well a for the purpo e of -3- sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits , proceedings, or prosecutions . Section 6. Choice of Code. Any party who has a pending application, where the pennit application and final site plan have been submitted to the City before the date of final adoption of this Ordinance, shall make an election to proceed under either the current Code or the 1997 Code but not a combination thereof. Section 7 Penalty. The Penalty Provision of E.M.C. Section 1-4-1 shall apply to each and every violation of this Ordinance. Introduced, read in full, and passed on first reading on the 20th day of February, 2007 . Published as a Bill for an Ordinance on the 23rd day of February, 2007. Olga Wolosyn, Mayor ATIEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full , and passed on first reading on the 20th day of February, 2007 . Loucrishia A. Ellis ( COUNCIL COMMUNICATION Date: Agenda Item: Subject: February 20, 2007 11 a iii Adoption of the International Fuel Gas Code 2006 Initiated By: Staff Source: Safety Services, Division of Building and Safety Lance Smith, Chief Building Official COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The adoption of the International Fuel Gas Code 2006 was reviewed by City Council at the August 21, 2006 Study Session. RECOMMENDED ACTION Staff recommends Council approve a Bill for an Ordinance adopting the International Fuel Gas Code 2006 to establish minimum requirements to safeguard the public health, safety and general welfare. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The City of Englewood has used the Uniform Plumbing and Mechanical Codes as a model construction code for installation of fuel gas systems since 1972 and updates this code periodically to keep pace with changing construction technology. Building and Safety staff has thoroughly reviewed the International Fuel Gas Code 2006 and recommends adoption subject to certa in exceptions, modifications and amendments . FINANCIAL IMPACT The only costs associated with the ordinance would be for the purchase of code books. The estimated amount is approximately $200 and this has been budgeted for in the 2007 Budget. LIST OF ATTACHMENTS Bill for an Ordinance r ' ( ( • 11,,v ORDINANCE NO. SERIES OF 2007 BY AUTHORITY ABil.,LFOR COUNCil., Bll.,L NO. 12 INTRODUCEDBYCOUNCil., MEMBER~~~~~ AN ORDINANCE AMENDING TITLE 8, CHAPTER 2, ARTICLE B, OF THE ENGLEWOOD MUNICIPAL CODE 2000, PERTAINING TO THE MECHANICAL CODE OF THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the City of Englewood has used the Uniform Mechanical Code as a model construction code since 1975; and WHEREAS, this Code has been updated periodically to keep pace with changing construction technology; and WHEREAS, the City of Englewood Division of Building and Safety staff has thoroughly reviewed the International Mechanical Code 2006 and recommends adoption thereof subject to certain exceptions, modifications and amendments; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCn. OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The City Council of the City of Englewood, Colorado hereby authorizes the repeal of Title 8, Chapter 2, Article B, Mechanical Code of the Englewood Municipal Code 2000, in its entirety. Section 2. The City Council of the City of Englewood, Colorado hereby adopts the International Mechanical Code 2006 as Title 8, Chapter 2 Article B, of the Englewood Municipal Code 2000, to read as follows: CHAPTER2 CONSTRUCTION AND SAFETY CODES ARTICLEB MECHANICAL CODE 8-2B-1: CODE ADOPTED: There is hereby adopted, by reference thereto, the International Mechanical Code 2006 Edition, in its entirety including errata updates, published as part of this Code, published by the International Code Council , Inc., 4051 West Flossmoor Road, Country Club Hills, Illinois 60478-5795, subject to the exceptions, modifications and amendments set forth in Section 8-2B-2 of this Article . The City Clerk shall maintain a copy of the Code, which will be available for inspection during regular business hours . -1 - 8-2B-2 : SPECIFIC MODIFICATIONS TO ADOPTED CODE: The following specific changes, modifications and amendments are hereby made to the provisions of the International Mechanical Code 2006, hereinabove adopted: A. CHAPTER 1 -ADMINISTRATION 1. 101.1 Title. (Shall be amended to read) These regulations shall be known as the Mechanical Code of the City of Englewood, hereinafter referred to as "this Code." 2. Section 103 Department of Mechanical Inspection. (Deleted in its entirety) 3 . 10S.l Modifications. (Deleted the last three words. Substitute the following) Division of Building and Safety. 4. 106.4.3 Expiration. (Deleted in its entirety. Substitute the following) Refer to Section 105.5 of the amended (IBC) Building Code of the City of Englewood for requirements of this section. 5 . 106.4.4 Extensions. (Deleted in its entirety. Substitute the following) Refer to Section 105.5.1 of the amended (IBC) Building Code of the City of Englewood for requirements of this section. 6. 106.S.2 Permit Fee schedule. (Deleted in its entirety. Substitute the following) Refer to Section 108 .2 of the amended (IBC) Building Code of the City of Englewood for requirements of this Section. 7. 106.S.3 Fee refunds. (Deleted in its entirety. Substitute the following) Refer to Section 108.6 of the amended (IBC) Building Code of the City of Englewood for requirements of this section. -2- I' ( 8 . 107.2.3 Reinspections. (Deleted in its entirety. Substitute the following). Refer to Section 109.7 of the amended (IBC) Building Code of the City of Englewood for requirements of this section. 9. 108.1 Unlawful acts. (Deleted in its entirety. Substitute the following) Refer to 8-1-8 EMC for requirements of this section. 10 . 108.4 Violation penalties. (D eleted in its entirety. Substitute th e following) Refer to 8-1-9 and 8-1-10 EMC for requirements of this section. 11 . Section 109 Means of Appeal. (Deleted in its entirety. Substitute th e following) Refer to Title 8-1-7 EMC for requirements of this section. Section 3. Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and th at this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 4 . Severability. If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or it application to other persons or circumstances . Section 5 . Inconsistent Ordinances . All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 6 . Effect of repeal or modification. The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture , or liability, eith er civil or crimina l, which sha ll have been inc urred under such provi sion, and each provision shall be treated and held as still remaining in force for th e purposes of sustaining any and all proper actions , suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture , or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. Section 7. hoice of Code. Any party who has a pending application , where the permit application and final site plan have been submitted to the City before the date of fina l adoption of this Ordinance, shall make an election to proceed under eit h er the current Code or the 1997 ode but not a combination thereof. -3- Section 8 Penalty. The Penalty Provision ofE.M .C . Section 1-4-1 shall apply to each and every violation of this Ordinance. Introduced, read in full, and passed on first reading on the 20th day of February, 2007 . Published as a Bill for an Ordinance on the 23rd day of February, 2007. Olga Wolosyn, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full , and passed on first reading on the 20th day of February, 2001 : Loucrishia A. Ellis ,. COUNCIL COMMUNICATION Date: Agenda Item: Subject: February 20, 2007 11 a iv Adoption of the International Mechanical Code 2006 Initiated By: Staff Source: Safety Services, Division of Building and Safety Lance Smith, Chief Building Official COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The adoption of the International Mechanical Code 2006 was reviewed by City Council at the August 21, 2006 Study Session. RECOMMENDED ACTION Staff recommends Council approve a Bill for an Ordinance adopting the International Mechanical Code 2006 to establish minimum requirements to safeguard the public health, safety and general welfare. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The City of Englewood has used the Uniform Mechanical Code as a model construction code since 1975 and updates this code periodically to keep pace with changing construction technology. Building and Safety staff has thoroughly reviewed the International Mechanical Code 2006 and rec ommends adoption subj ec t to certain exceptions, modification s and amendments. FINANCIAL IMPACT The only costs associated with the ordinance would be for the purchase of code books. The estimated amount is approximately $200 and this has been budgeted for in the 2007 Budget. LI ST OF ATTAC HM ENTS Bill for an Ordinance ORDINANCE NO. SERIES OF 2007 BY AUTHORITY ABILLFOR //4.r/ COUNCILBILLNO. 13 INTRODUCED BY COUNCIL MEMBER ------ AN ORDINANCE AMENDING TITLE 8, CHAPTER 2, ARTICLE C, OF THE ENGLEWOOD MUNICIPAL CODE 2000, PERTAINING TO THE PLUMBING CODE OF THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the C ity of Englewood has used the Uniform Plumbing Code as a model construction code since 1972 ; and WHEREAS, this Code is updated periodically to keep pace with changing construction technology; and WHEREAS , the City of Englewood Division of Building and Safety staff has thoroughly reviewed the futemational Plumbing Code 2006 and recommends adoption thereof subject to certain exceptions, modifications and amendment; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The City Council of the City of Englewood, Colorado hereby authorizes the repeal of Title 8 , Chapter 2 , Article C, of the Englewood Municipal Code 2000 , in its entirety. Section 2 . The City Council of the City of Englewood, Colorado hereby enacts the International Plumbing Code 2006 as Title 8, Chapter 2 , Article C of the Englewood Municipal Code 2000, to read as follows : CHAPTER 2 CONSTRUCTIO N AND SAFETY C ODES ARTICLEC PLUMBING CODE 8-2C-l : CODE ADOPTED: There is hereby adopted, by reference thereto, the International Plumbing Code 2006 Edition, in its entirety including errata updates, published as part of this Code, published by the International Code Council, Inc., 4051 West Flossmoor Road, Country Club Hills, Illinois 60478-5795, subject to the exceptions, modifications and amendments set forth in Section 8-2C-2 of this Article. The Clerk shall maintain a copy of the Code which will be available for inspection during regular business hours. -1- 8-2C-2: SPECIFIC MODIFICATIONS TO ADOPTED CODE: The following specific changes, modifications and amendments are hereby made in the provisions of the International Plumbing 2006, hereinabove adopted: A. CHAPTER 1 . ADMINISTRATION 1. 101.1 Title. (Shall be amended to read) These regulations shall be known as the Plumbing Code of the City of Englewood, hereinafter referred to as "this Code." 2. 103 Department of Plumbing Inspection. (Delete in its entirety) 3. 105.1 Modifications. (Deleted the last three words . Substitute the following) Division of Building and Safety. 4 . 106.5.3 Expiration. (Deleted in its entirety. Substitute the following) Refer to Section 105.5 of the amended (IBC) Building Code of the City of Englewood for requirements of this section. 5. 106.5.4 Extensions . (Delete in its entirety. Substitute the following) Refer to Section 105.5 .1 of the amended (IBC) Building Code of the City of Englewood for requirements of this section. 6. 106.6.2 Fee schedule. (Deleted in its entirety. Substitute the following) Refer to Section 108.2 of the amended (IBC) Building Code of the City of Englewood for requirements of this section. 7. 106.6.3 Fee refunds. (D eleted in its entirety. Su bstitute th e f ollowin g) Refer to Section 108 .6 of the amended (IBC) Building Code o f the C ity of E nglewood for requirements of this section . 8. 10 7.3.3 Rein spections. (D e leted in its entirety . Substitute th e follo wing) Refer to Section 107 .9 of the amended (IBC) Building Code of the City of Englewood for requirements of this section. 9. 108.1 Unlawful acts . (D eleted in its entirety . Substitute th e followin g) Refer to 8-1-8 E M C for requirements of this section. 10 . 108 .4 Violation penalties . (Deleted in its entirety. Substitute th e fo llowing) Refer to 8-1-9 and 8 -1-10 EM for requirements of thi s section. -2- 11. 109 Means of Appeal. (Deleted in its entirety.) Refer to Title 8-1-7 of the Englewood Municipal Code of the City of Englewood for requirements of this section. B. CHAPTER 3 GENERAL REGULATIONS. 1. 305.6.1 Sewer depth. (Insert the following at the end of the subsection) Building sewers that connect to private sewage disposal systems shall be a minimum of 12 inches below finished grade at the point of septic tank connection. Building sewers shall be a minimum of 12 inches below grade. C. CHAPTER 9 VENTS. 1. 904.1 Roof extension. (Insert the following at the end of the subsection) All open vent pipes that extend through a roof shall be terminated at least 6 inches above the roof, except where a roof is to be used for any purpose other than weather protection, the vent extensions shall be run at least 7 feet above the roof. Section 3 . Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 4 . Severability. If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or it application to other persons or c ircumstances . Section 5. Incon sist ent Ord inances. Al l other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 6. Effect of repeal or modification. The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in who le or in part any p enalty, forfeiture, or liability, either civi l or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper action , suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of su taining any judgment, decree, or order which can or may be rendered, entered, or mad in uch action , uit proceeding , or prosecution . -3- Section 7. Choice of Code. Any party who has a pending application, where the permit application and final site plan have been submitted to the City before the date of final adoption of this Ordinance, shall make an election to proceed under either the current Code or the 1997 Code but not a combination thereof. Section 8 Penalty. The Penalty Provision ofE.M.C. Section 1-4-1 shall apply to each and every violation of this Ordinance. Introduced, read in full, and passed on first reading on the 20th day of February, 2007 . Published as a Bill for an Ordinance on the 23rd day of February, 2007. Olga Wolosyn, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 20th day of February, 2007. Loucrishia A. Ellis ( • I • COUNCIL COMMUNICATION Date: Agenda Item: Subject: February 20, 2007 11 a V Adoption of the International Plumbing Code 2006 Initiated By: Staff Source: Safety Services, Division of Building and Safety Lance Smith, Chief Building Official COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The adoption of the International Plumbing Code 2006 was reviewed by City Council at the August 21, 2006 Study Session. RECOMMENDED ACTION Staff recommends Council approve a Bill for an Ordinance adopting the International Plumbing Code 2006 to establish minimum requirements to safeguard the public health, safety and general welfare. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The City of Englewood has used the Uniform Plumbing Code as a model construction code since 1972 and updates this code periodically to keep pace with changing construction technology. Building and Safety staff has thoroughly reviewed the International Plumbing Code 2006 and recommends adoption subject to certain exceptions, modifications and amendments. FINANCIAL IMPACT The only costs associated with the ordinance would be for the purchase of code books. The estimated amount is approximately $200 and this has been budgeted for in the 2007 Budget. LIST O F ATTAC HM ENTS Bill for an Ordinan ce ( ORDINANCE NO. SERIES OF 2007 BY AUTHORITY A BILL FOR COUNCIL BILL NO. 14 INTRODUCED BY COUNCIL MEMBER ------ AN ORDINANCE ADOPTING A NEW TITLE 8, CHAPTER 2, ARTICLE G, OF THE ENGLEWOOD MUNICIPAL CODE 2000, PERTAINING TO THE RESIDENTIAL CODE FOR ONE-AND TWO-FAMILY DWELLINGS IN THE CITY OF ENGLEWOOD, COWRADO. WHEREAS, the City of Englewood has used the Uniform Building Code as a model construction code since 1971 ; and WHEREAS, this Code is updated periodically to keep pace with changing construction technology; and WHEREAS, internationally, code officials recognized the need for a comprehensive, stand-alone residential code addressing the design and construction of one and two-family dwellings and townhouses using prescriptive provisions, this International Residential Code, in this 2006 edition, is designed to meet these needs; and WHEREAS, the City of Englewood Division of Building and Safety staff has thoroughly reviewed the International Residential Code For One-and Two-Family Dwellings 2006 and recommends adoption thereof subject to certain exceptions, modifications and amendment; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Section 1. Toe City Council of the City of Englewood, Colorado hereby adopts the International Residential Code For One-and Two-Family Dwellings 2006 as Title 8, Chapter 2, Article G , of the Englewood Municipal Code 2000 , to read as follows : CHAPTER2 CONSTRUCTION AND SAFETY CODES ARTICLEG RESIDENTIAL CODE FOR ONE-AND TWO-FAMILY DWELLINGS 8-2G-l : CODE ADOPTED: There is hereby adopted, by reference thereto, the International Residential Code For One-and Two-Family Dwelling 2006 Edition, in its entirety including errata updates, pub Ii hed a part of thi Code, published by the International Code Council, Inc ., 4051 -1- • West Flossmoor Road, Country Club Hills, Illinois 60478-5795, subject to the exceptions, modifications and amendments set forth in Section 8-2G-2 of this Article (hereinafter Residential Code). The Clerk shall maintain a copy of the Code and errata updates which will be available for inspection during regular business hours. 8-2G-2 : SPECIFIC MODIFICATIONS TO ADOPTED CODE: The following specific changes, modifications and amendments are hereby made in the provisions of the International Residential Code For One-and Two-Family Dwellings 2006, hereinabove adopted: A. CHAPTER I -ADMINISTRATION (Shall be amended to read) 1. RlOl.l Title. (Shall be amended to read) These regulations shall be known as the Residential Code for One-and Two- Family Dwellings of the City of Englewood, hereinafter referred to as "this Code". 2. Rl02.7 Existing Structures. (Shall be amended to read) The legal occupancy of any structure existing on the date of adoption of this code shall be permitted to continue without change, except as is specifically covered in this code within Title 9 EMC or the International Fire Code, or as deemed necessary by the building official for the general safety or welfare of the occupants and the public. 3. Rl03.l Creation of the enforcement agency. (Shall be amended to read) The Division of Building and Safety is hereby created and the official in charge thereof shall be known as the building official. 4 . Rl04.10.1 Areas prone to flooding. (Deleted in its entirety) Refer to Englewood Municipal Code 16-4 . 5. Rl05.2 Work exempt from permit. Building: 2. (Deleted in its entirety) Refer to Title 16 EMC for fence requirements . 3 . (Deleted in its entirety) Refer to Title 16 EMC for wall requirements. 5 . (Deleted in its entirety) Refer to Title 16 EMC for driveway and si dewalk requirements . 6. RlOS.3.1.1 Determination of substantially improved of substantially damaged existing buildings in flood hazard areas. (Deleted in its entirety) Refer to Englewood Municipal Code 16-4 . 7 . RI05.5 Expiration. (Deleted in its entirety. Substitute the following) Refer to Section 105.5 of th e amended (IBC) Building Code of the City of nglewood for requirements of this section. -2- - , 8. RlOS.5.1 Extensions. (Deleted in its entirety. Substitute the follo wing) Refer to Section 105 .5.1 of the amended (IBC) Building Code of the City of Englewood for requirements of this section. 9. Rl06.1.3 Information for construction in flood hazard areas. (Deleted in its entirety) Refer to Englewood Municipal Code 16-4. 10. R108.2 Schedule of permit fees. (D eleted in its entirety. Substitute the following) Refer to Section 108.2 of the amended (IBC) Building Code of the City of Englewood for requirements of this section. 11. R108.3 Building permit valuations. (Deleted in its entirety. Substitute the following) Refer to Section 108.3 of the amended (IBC) Building Code of the City of Englewood for requirements of this section. 12 . R108.S Fee Refunds. (Deleted in its entirety. Substitute the following) Refer to Section 108.6 of the amended (IBC) Building Code of the City of Englewood for requirements of this section. 13 . R109.1.3 Floodplain inspections. (Deleted in its entirety) Refer to Englewood Municipal Code 16-4 . 14. R109.S Reinspections . (Deleted in its entirety. Substitute the following) Refer to Section 109 .7 of the amended (IBC) Building Code of the City of Englewood for requirements of this section. 15. Rll0.4 Temporary Occupancy. (D eleted in its entirety. Substitute the following) Refer to Section 110.3 of the amended (IBC) Building Code of the City of Englewood for requirements of this section. 16. Section Rll2 Board of Appeals. (Deleted in its entirety) Refer to 8-1-7 EMC for requirements of this section . 1 7 Jl3.1 Unlawful acts. (Deleted in its entirety. Substitute the following) Refer to 8-1-8 EMC for requirements of this section. 18. R113.4 Violation penalties . (Deleted in its entirety. Substitute the following) Refer to 8-1-9 and 8-1-10 EMC for requirements of this section. -3- B. CHAPTER 3 -USE AND OCCUPANCY CLASSIFICATION. 1. Table R301.2(1) (Shall be deleted in its entirety. Substitute the following) CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA Ground Wind Sei smic SUBJECTO DAMAGE FROM Snow Speed Design Weathering Frost Tennite Decay Load (mph) Category Line Deoth 30 psf 90mph B Severe 36 Slight to None to inches Moderate Slight Roof Exposure 30 psf B Non- Reducible Winter Ice Shield Flood Air Mean Design Temp Underlayment Hazard Freezing Annual Reauired Index Temo I Degree F No EMC 16-4 2 . R309.1 Opening protection. (Add the following new sentence to end of the first paragraph) Such doors shall be tight fitting and self-closing. C . CHAPTER 10 -CHIMNEYS AND FIREPLACES. (Shall be amended to read) 1. R1003.1 Definition a . R1003.l.1 Fireplace restrictions. (Amended by the addition of a new Subsection to read to read as follows) Fireplaces shall comply with the Englewood Municipal Code, Sections 6-1-11 and 6-1-12 . 2 . R1004.1 General. a . R1004.l.1 Fireplace restrictions. (Am ended by th e addition of a new Subs ection to read as follows) Fireplaces shall comply with the Englewood Municipal Code, Sections 6-1 -11 and 6-1 -12 . D. C HAPTER 14 -HE ATING AND C OOLING EQUIPMENT . 1. M1401.5 Flood Ha zard. (Shall be amended to read as follows) In areas prone to flooding as established by The Englewood Municipal Code Section 16-4, heating and coo ling equi pment and a pp liances shall be located or installed in accordance wi th Section R 324. l.5 . 2. M1414 .1 General. a. M1414.l.1 Fireplace re strictions. (Amended by th e addition a new Subs ec tion to read as follows) Fireplaces shall comply with the Englewood Municipal Code, sections 6- 1-11 and 6-1-12 . -4 - E. CHAPTER 20 -BOILERS AND WATER HEATERS. 1. M2001.4 Flood-resistant installation. (Shall be amended to read as follows) In areas prone to flooding as established by the Englewood Municipal Code Title 16-4, boilers, water heaters and their control systems shall be located or installed in accordance with Section R324 .1.5 . F. CHAPTER 26 -GENERAL PLUMBING REQUIREMENTS. 1. P2603.6.1 Sewer depth. (Shall be amended to read as follows) Building sewers that connect to private sewage disposal systems shall be a minimum of twelve inches ( 12") below finished grade at the point of septic tank connection. Building sewers shall be a minimum of twelve inches (12") below grade. G . CHAPTER 30 -SANITARY DRAINAGE . (Shall be amended to read as follows) 1. P3001.3 Flood-Resistant Installation. In areas prone to flooding as established by Englewood Municipal Code Title 16-4, drainage, waste and vent systems shall be located and installed, in accordance with Section R324 . l .5 to prevent infiltration of flood waters into the systems and discharges from the systems into the floodwaters. H. APPENDICES. (Shall be amended to read as follows) 1. Appendix H-Patio Covers and Appendix M -Home Day Care -R-3 Occupancy are hereby adopted. Section 2. Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained . Section 3. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or it application to other persons or circumstances. Section 4 . Inconsistent Ordinances . All other Ordinances or portions thereof inconsi tent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. -5- Section 5. Effect of repeal or modification. The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. Section 6. Choice of Code. Any party who has a pending application, where the permit application and final site plan have been submitted to the City before the date of final adoption of this Ordinance, shall make an election to proceed under either the current Code or the 1997 Code but not a combination thereof. Section 7. Penalty. The Penalty Provision ofE.M.C. Section 1-4-1 shall apply to each and every violation of this Ordinance. Introduced, read in full, and passed on first reading on the 20th day of February, 2007. Published as a Bill for an Ordinance on the 23rd day of February, 2007. Olga Wolosyn, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I , Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full , and passed on first reading on the 20th day of February, 2007 . Loucrishia A. Ellis -6- ' \ ·' COUNCIL COMMUNICATION Date: Agenda Item: Subject: February 20, 2007 11 a vi Adoption of the International Residential Code 2006 Initiated By: Staff Source: Safety Services, Division of Building and Safety Lance Smith, Chief Building Official COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The adoption of the International Residential Code 2006 was reviewed by City Council at the August 21, 2006 Study Session. RECOMMENDED ACTION Staff recommends Council approve a Bill for an Ordinance adopting the International Residential Code 2006 to establish minimum requirements to safeguard the public health, safety and general welfare. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The City of Englewood has used the Uniform Building Code as a model construction code since 1971 and updates this code periodically to keep pace with changing construction technology. Building and Safety staff has thoroughly rev iewed the International Residential Code 2006 and rec ommends adoption subjec t t o c ertain exce ptions, modific ations and amendments. FINANCIAL IMPACT The only costs associated with the ordinance would be for the purchase of code books. The estimated amount is approximately $200 and this has been budgeted for in the 2007 Budget. LIST OF ATTACHMENTS Bill for an Ordinance ( ( BY AUTHORITY ORDINANCE NO. SERIES OF 2007 ABil,LFOR COUNCil, BILL NO. 1 S INTRODUCED BY COUNCIL MEMBER~~~~~~ AN ORDINANCE AMENDING TITLE 8, CHAPTER 2, ARTICLE E, OF THE ENGLEWOOD MUNICIPAL CODE 2000, PERTAINING TO TIIE FIRE CODE OF TIIE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the City of Englewood has used the Unifonn Fire Code as a model fire code since 1980; and WHEREAS, this Code has been updated periodically to keep pace with changing construction technology; and WHEREAS, the City of Englewood Fire Division has thoroughly reviewed the International Fire Code 2006 and recommends adoption thereof subject to certain exceptions, modifications and amendment; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Section 1. The City Council of the City of Englewood, Colorado hereby authorizes the repeal of Title 8, Chapter 2, Article E, of the Englewood Municipal Code 2000, in its entirety. Section 2 . The City Council of the City of Englewood , Colorado hereby adopts the International Fire Code 2006 as Title 8 , Chapter 2 , Article E , of the Englewood Municipal Code 2000 , to read as follows : CHAPTER 2 CONSTRUCTION AND SAFETY CODES ARTICLEE FIRE CODE 8-2E-l : CODE ADOPTED. There is hereby adopted, by reference thereto, the International Fire Code 2006 Edition, in its entirety, including errata updates, published as part of this Code, published by the International Code Council, Inc ., 4051 West Flo smoor Road, Country Club Hills, Illinois 60478-5795, ubject to the exceptions, modification and amendment et forth in Section -2E-2 of thi Article . The Clerk hall maintain a copy of the Code which will be available for in pection during regular bu ines hour . -1 - ... 8-2E-2: SPECIFIC MODIFICATIONS TO ADOPTED CODE. The following speci fic changes, modifications and amendments are hereby made in the provisions of the International Fire Code 2006 , hereinabove adopted: A. CHAPTER 1 -ADMINISTRATION. l. 101.1 Title. (Am ended to read as follows) These regulations shall be known as the Fire Code of the City of Englewood, hereinafter referred to as "the Code". 2. Section 102 Applicability. (Amended by the addition of a new subsection to read as follows) 102.10 Application of Residential Code. Where structures are designed and constructed in accordance with the International Residential Code, the provisions of this Code shall apply as follows: a. Construction and design provisions: Provisions of this Fire Code pertaining to the exterior of the structure shall apply; including, but not limited to, premises identification, fire apparatus access , and water supplies. Construction permits for systems and equipment utilized in the interior or exterior of the structure shall also apply. b. Administrative, operational and maintenance provisions: All such provisions of this Code shall apply. References in this Fire Code to Group R-3 or U occupancies or one-family and two-family dwellings and townhouses shall apply to structures under the scope of the International Residential Code except as limited by this Section. 3. 10S.6 Required Operational Permits. (D eleted all p ermits and Subs ections EXCEPT as follo ws) The F ire Code official is authorized to i ssue operational permits fo r the operations set forth below. a. lOS.6 .14 Explosives . An operational permit i s required for manufacture, storage, handling, sale or u se of any quantity of explosives, explosive materials, fireworks or pyrotechnic special effects within the scope of Chapter 33 . Exceptio n: Storage in Group R-3 occupancies of smokeless propellant, black powder and small arms primers for personal use, not for resale and in accordance with Section 3306 . b . lO S.6.16 F lamm abl e and Combustible Liquids. An operational permit is required to manufacture, process, blend or refine flammable or combustible liquids . c . lOS.6.19 Fumigation and T hermal In ecticidal Fogging. -2- ( ------------------- An operational permit is required to operate a business of fumigation or thermal insecticidal fogging and to maintain a room, vault or chamber in which a toxic or flammable fumigant is used. d . lOS.6.26 Liquid or Gas-Fueled Vehicles or Equipment in Assembly Buildings. An operational permit is required to display, operate or demonstrate liquid or gas fueled vehicles or equipment in assembly buildings. e . lOS.6.30 Open Burning. An operational permit is required for the kindling or maintaining of an open fire or a fire on any public street, alley, road or other public or private ground. Instructions and stipulations of the permit shall be adhered to. Exception: Recreational fires . f. lOS.6.36 Pyrotechnic Special Effects Material. An operational permit is required for use and handling of pyrotechnic special effects material. g. lOS.6.43 Temporary Membrane Structures, Tents and Canopies. An operational permit is required to operate an air-supported temporary membrane structure or a tent having an area in excess of 200 square feet (19 m2), or a canopy in excess of 400 square feet (37 m2). Exceptions: 1. Tents used exclusively for recreational camping purposes . 2. Fabric canopies open on all sides which comply with all of the following : (a) (b) (c) Ind ivi dual canopies having a maximum size of 700 square feet (65 m2). The aggregate area of multiple canopies placed side by side without a fire break clearance of not less that 12 feet (3657 mm) shall not exceed 700 square feet (65 m2) total. A minimum clearance of 12 feet (3657 mm) to structures and other tenet shall be provided. 4 . Section 108 Board of Appeals . (Amended to read as follows) Refer to Title 8-1-7 of the Englewood Municipal Code of the City of Englewood for requirements of this Section. -3- 5. Section 109.3 Violation Penalties. (Amended to read as follows) Persons who shall violate a provision of this Code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a pennit or certificate used under provisions of this Code, shall be subject to penalties or other action in accordance with 8-1-9 EMC. Each day that a violation continues after due notice has been served shall be deemed a separate offense. 109.3.1 Abatement of violation. In addition to the imposition of the penalties herein described, the fire code official is authorized to institute appropriate action to prevent unlawful construction of to restrain, correct or abate a violation; or to prevent illegal occupancy of a structure or premises; or to stop an illegal act, conduct of business or occupancy of a structure on or about any premises. 6. Section 111.4 Failure to Comply. (Amended to read as follows) Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to penalties or other action in accordance with 8-1-9 and 8-1- 10 of the Englewood Municipal Code. B. CHAPTERS -FIRE SERVICE FEATURES. 1. 503.2.1 Dimensions. (Amended to read as follows) Fire Apparatus access roads shall have an unobstructed width of not less than 26 feet (7925 mm), except for approved security gates in accordance with Section 503.6, and an unobstructed vertical clearance of not less than 13 feet 6 inches ( 4115 mm). 2. 506.1 Where Required. (A mended to read as follo ws ) Where acc ess t o or w ithin a structure or an area is restricted b ecause of secured opening or where immediate access is necessary for life- saving or fire-fighting purposes, or where a fire alarm system, or fire suppression system exists, the fire code official is authorized to require a key box to be installed in an approved location. The key box shall be of an approved type and shall contain keys to gain necessary access as required by the fire code official. ( 3 . Section 511 Public Safety Radio Amplification. (Amended by adding a new Section to read as follows) a. 511.1 Scope. These provisions shall apply to: b. 1) New building and structures greater than 50,000 square feet or additions and/or modifications of 10 percent re- model or alteration of existing structure which cause the building to be greater than 50,000 square feet. 2) All basements over 10,000 square feet when the design occupant load is greater that 50, regardless of the occupancy. 3) Any building that creates a "special hazard" for emergency services communication in addition to the normal hazard of the occupancy. 4) Any building additions or remodel work involving~O% of the building. / ' 5) As required by the Fire Official. 511.2 Area Separation Walls. Area separation walls cannot be used to define separate building. C . CHAPTER 9 -FIRE PROTECTION SYSTEMS. Section 912.4 Signs. (Amended by adding a new Subsection to read as follows) 1. Section 912.4.1 Signage for Fire Department Connections. An approved sign shall be placed in close proximity to the FDC stating what type of system and areas are serviced by the FDC fire department connection. D . CHAPTER to -MEANS OF EGRESS. 1. Section 1009.11 Stairway to Roof. (Am ended to read as follows ) In buildings located three or more stories in height above grade plane, one stairway shall extend to the roof surface, unless the roof has a s lope steeper than four units vertical in 12 units horizontal (33-percent s lope). In buildings without an occupied roof, access to the roof from the top story shall be permitted to be by an alternating tread device. -5- E. CHAPTER 32 -CRYOGENIC FLUIDS. 1. Section 3204.3.1.1. Location. (Amended to read as follows) Stationary containers shall be located in accordance with Section 3203.6. Containers of cryogenic fluids shall not be located within dyked areas containing other hazardous materials. F. CHAPTER 33 -EXPLOSIVES AND FIREWORKS. 1. 3301.1.3 Fireworks. (Amended to read as follows) The possession, manufacture, storage, sale, handling and use of any ignitable fireworks are prohibited. Exceptions: a. The use of fireworks for display as pennitted in Section 3308. 2. 3301.2.4 Financial Responsibility. (Amended to read as follows) Before a pennit is issued, as required by Section 3301.2, the applicant shall file with the jurisdiction a corporate surety bond in the principal sum of $2,000,000 or a public liability insurance policy for the same amount, with excess liability of $5,000,000 for the purpose of the payment of all damages to persons or property which arise from, or are caused by, the conduct of any authorized by the pennit upon which any judicial judgment results . The fire code official is authorized to specify a greater or lesser amount when, in his or her opinion, conditions at the location of use indicate a greater or lesser amount is required. Government entities shall be exempt from this bond requirement . G . CHAPTER 34 -FLAMMABLE AND COMBUSTIBLE LIQUIDS 1. 3404.2.9.5.1 (Amended to read as follows) Locations where above-ground tanks are prohibited. Above-ground tanks shall be located in accordance with this section. H. C HAPTER 38 -LIQUEFIED PETROLEUM GASES. I. 3 804.2 Maximum Capa city w ithin established limits. (Amended to read as follows) Aggregate cap acity of any one installation shall not exceed a water capacity of 2,000 gallons (7570 L). I. APPENDI CES . (Amended to read as follows) I . Appendix D -Fire Apparatus Access Roads, which is adopted. Section 3. Safety Clau e . The ity Council hereby finds, detennine , and declare that thi rdinance i promulgated under the general police power of the City of ~- l Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further detennines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 4. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or it application to other persons or circumstances. Section 5. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 6. Effect of repeal or modification. The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and neld as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions . Section 7. Choice of Code. Any party who has a pending application, where the pennit application and final site plan have been submitted to the City before the date of final adoption of this Ordinance, shall make an election to proceed under either the current Code or the 1997 Code but not a combination thereof. Section 8 Penalty. The Penalty Provision ofE.M.C. Section 1-4-1 shall apply to each and every violation of this Ordinance. Introduced, read in full , and passed on first reading on the 20th day of February, 2007 . Published as a Bill for an Ordinance on the 2 3rd day o f February, 2007 . Olga Wolosyn, Mayor ATTEST: Loucrishia A. Ellis, City Clerk -7 - I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 20th day of February, 2007 . Loucrishia A. Ellis -8 - l COUNCIL COMMUNICATION Date: February 20, 2007 Initiated By: Agenda Item: 11 a vii Safety Services, Fire Division Subject: Adoption of the International Fire Code 2006 Staff Source: Ben Greene, Fire Marshal COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The adoption of the International Codes was reviewed by City Council at the August 21, 2006 Study Session . RECOMMENDED ACTION Staff recommends Council approve a Bill for an Ordinance adopting the International Fire Code 2006 to establish minimum requirements to safeguard the public health, safety and general welfare. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The City of Englewood has used the Uniform Fire Code since 1980. Updates to this code have taken place as fire technology and building construction has changed . Fire Division Staff has thoroughly reviewed the 2006 edition of the International Fire Code. There are currently two other fire codes that are available and are being used in other parts of the country. The International Fire Code is a member of International family of codes . In keeping with the proposed recommendation for adoption of an International Building Code and what has been adopted throughout the metro Denver area, the International Fire Code is recommended. FINANCIAL IMPACT The only costs associated with the ordinance would be for the purchase of code books. Those costs were paid for in the 2006 budget. LIST OF ATTACHMENTS Bill for an Ordinance. ! j I ' I l . I I I If j :: ' I! I 11 H I II I! (_ ORDINANCE NO. SERIES OF 2007 BY AUTHORITY COUNCIL BILL NO. 4 INTRODUCED BY COUNCIL MEMBER WOODWARD AN ORDINANCE AUTHORIZING THE PERMANENT REMOVAL OF A BILLBOARD LOCATED AT 2730 S0U1H BROADWAY AND REBUILDING THE BILLBOARD AT 2896 SOUTH BROADWAY. WHEREAS, at the present time there are two legally permitted billboards located at 2730 and 2896 South Broadway; and WHEREAS, the property owner for each of these properties is interested in removing one of these billboards to make way for a mixed-use infill redevelopment project located at Broadway and Yale; and WHEREAS, the site is currently encumbered with a long term lease through CBS Outdoor, a bill board and advertising agency; and WHEREAS , the property owner has worked with CBS Outdoor to renegotiate the billboard lease agreement; and WHEREAS, the Englewood Zoning Code does not allow new billboards to be constructed, modified or permitted within the City; and WHEREAS, the City does not have the authority to issue a permit for this project without City Council approval; and WHEREAS , the Community Development staff has determined that the current Sign Code does not adequately address the issue of billboards and this "two for one" policy may be incorporated in any new Sign Code revision ; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , AS FOLLOWS : Section I . The City Council of the City of Englewood, Colorado hereby approves the permanent removal of one billboard at 2730 South Broadway and the rebuilding of the billboard located at 2896 South Broadway, which shall be considered a nonconforming sign subject to all the requirements of nonconforming signs . Introduced, read in full , amended and passed on first reading on the 8th day of January, 2007. I I Published as an amended Bill for an Ordinance on the 12th day of January, 2007 . Read by title and tabled on the 5th day of February, 2007. Removed from the table, read by title and passed on final reading on the 20th day of February, 2007 . Published by title as Ordinance No ._, Series of 2007, on the 23rd day of February, 2007. Olga Wolosyn, Mayor AITEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No._, Series of 2007 . Loucrishia A . Ellis I i I I ! . ' I I i I i I I ' I I I I ( BY AUTHORITY ORDINANCE NO. SERIES OF 2007 COUNCIL BILL NO. 5 INTRODUCED BY COUNCIL MEMBER WOODWARD AN ORDINANCE AUTHORIZING THE DENVER SEMINARY PLANNED UNIT DEVEWPMENT (PUD) AMENDMENT NO. 1. WHEREAS, the Englewood City Council approved the Denver Seminary Planned Unit Development with the passage of Ordinance No . 52, Series of 2004; and WHEREAS, Continuum Cherry Hills Land Company, LLC filed an application for an amendment to the 2004 Planned Unit Development; and WHEREAS, this Amendment No . I, proposes no changes to the general character of the development of for-sale residential and limited retail uses; and WHEREAS, the key changes to the original PUD as proposed are: • Reduction in retail/commercial space, • Reduction in retail parking ratio; • The alteration in building configurations and thus building envelopes; • Replacement of two mid-rise towers with row house-style development; • Inclusion of a fine-dining restaurant • Changes in the tum-lane configuration to mitigate intersection conflicts; and WHEREAS, pursuant to E.M.C. 16-4-15(7)(2), major modifications to a P .U.D. District Plan must be approved pursuant to the same limitations and requirements by which such Plan was originally approved; and WHEREAS, the Englewood Planning and Zoning Commission held a Public Hearing on December 5, 2006, reviewed the Amendment of the Planned Unit Development and recommended approval of this Denver Seminary Planned Unit Development Amendment No. I. NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The Englewood City Council has reviewed the Amendment No. 1 to the Denver Seminary Planned Unit Development and pursuant to 16-4-15(1)(2) E .M .C. finds that the P .U.D . amendment is in conformance with the approved Planned Unit Development requirements. Section 2. The Englewood City Council finds that all required documents , drawings, referrals, recommendations and approval have been received . ection 3 . The nglewood ity ouncil finds that the amended P .U.D. site plan is consistent with adopted and generally accepted tandards of development within the ity . e tion 4 . The amended P. .0 . itc plan i sub tantially con istent with the oats, objective and p licie and/ r any thcr rdinan c, law or rcquirem nt of the City. 11 b ii Section 5. The City Council of the City of Englewood, Colorado hereby approves Amendment No . 1 to the Planned Unit Development for the Denver Seminary, attached hereto as Exhibit A. Section 6. Pursuant to Article V, Section 40, of the Englewood Home Rule Charter, the City Council has determined that Exhibit A, attached to this Ordinance shall not be published because of its size. A copy of Exhibit A, is available in the Office of the Englewood City Clerk. Introduced, read in full, and passed on first reading on the 8th day of January, 2007 . Published as a Bill for an Ordinance on the 12th day of January, 2007 . A Public Hearing was held on February 5th, 2007. Read by title and passed on final reading on the 20th day of February, 2007 . Published by title as Ordinance No._, Series of 2007, on the 23rd day of February, 2007. Olga Wolosyn, Mayor ATIEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordin ..... ..:e passed on final reading and published by title as Ordinance No. _, Series of 2007 . Loucrishia A. Ellis NOTTO~ DENVER SEMINARY PLANNED UNIT DEVELOPMENT AMENDMENT 1 ENGLEWOOD, COLORADO (DISTRICT PLAN) BACKGROUND THE SUBJECT PRC>Pf:RTY IS AN 11 .4 1 ACRE SITE AT THE NORTHWEST CORNER or THE IN ~RSECTION Of° EAST HAMPO[N A'vt.NUE ANO SOUTH UNl'vt:RSITY BOULEVARD. THE SITE HAS BEEN 'MIIEO ANO UTILIZED FOR MORE THAN 40 YEA.RS BY THE OE.N~R SEM INARY. TH E OE.Nvt:R SEM IN ARY HAS OUTGROWN THE CAMPUS ANO HAS RE LOCATEO TO A NEW SI TE . THE SITE WAS !ONED R-J H1GH-DENSITY RE5'DENCE O<STRICT AT THE TIME THE OR IGlN AL PLANNED UNIT DEVELOPMENT APP LIC ATI ON WAS SUBM ITTEO . THE SATE IS CURRENTLY ZONED DENVER SE1<1NAR Y PUD . APPROVE D ON SEPTEMBER 20 2004 ORDINANCE NUMBER 52, SER IES or 2004. ARCHITECTURAL CHARACTER IT IS THE INTENT or THIS DEVELOPMENT TO ATTRACT SOPH ISTICATED , DISCR11<1NA TI NC HOMEOWNERS TO AN URBAN YET IN TIMATELY SCALED MI XE D-USE VI LLAGE or VAR IOUS SIZED BU IL DINGS CREA TING A PEDESTRIAN ORIENTED EUROPEAN ATMOSPHERE . 8Y STRA TEGICALLY PLANN ING A l<IXTU RE or VARIOUS SAZED CONDOMINIUM BUILO INGS IN THE CENTER or THE ELEVEN ACRE SATE TO CAJN DRAMATIC VIEWS TO THE SURROUNO<NC IA OU NTAJNS AND NEARBY DOWNTQ\W,I , THEN SURROUNDING THEM WITH A NARROW GATED PRIVATE ACCESS ROAD , AND U5'NG THE PERIMETER or THE S,TE TO POSITION LOWER SCAJLIED TOWNHOUSES, A VAR1ETY or INTIMATELY SCA LED PEDESTR IAN ENVIRONMENTS .. LL BE CREATED . PLACEO PROMINENTlY AT THE CORNER OF UNIVERSITY BOU LEVARD AND HAMPDEN AVEN UE, AN APPROPRIATELY SCALEO GROUP OF 1 AND 2 STORY RETAIL BUILDINGS SERVED BY HEAD-IN PARK ING , WILL 5'HIELD THE BUSY INTERSECTION ANO OEflNE A QUI ET, PEDESTR IAN ORIENTED STREE T REM INISCEN T or .. EUROPEAN VILLAGE. .. VARIETY or SMALL RETA.IL SHOPS, SERVICES ANO OtNINC ESTABLISH"1ENTS (SEE ALLOWED USE TABLE BELOW) TARGETED PR IMARIL Y TO THE RE5'DENTS or THE PROJE CT WILL JOtN A 5'MALL BANK (NON DRIVE-THROUGH ) ANO FI NANCIAL OFrlCES TO MAKE UP THE VILLAGE "STREEr. CRITICALLY ll<PORTANT TO DEFINE THE ATMOSPHERE OF THE DEVELOPMENT, ONLY APPROPR IATE HI GH QU ALITY MATER I ALS WILL BE USED IN All ll-1[ BUILDINGS THE PRll.iAR ILY ST\JCCO BU ILOINCS WILL BE BLENO<ED WITH MASONRY ACCENTS , ATTRACTIVE LI GH T FIX TU RES . THOUGHTFULLY SH IELDED TO MINIMIZE ILLUMINATION l "PACT ON SURROUND ING NE IGHBORHOODS WILL HELP CREATE 'Tl<E PEOESTRIAN rEEL ALONG GARO<ENS ANO OPEN SPACES ACCESSED BY PAVE D WALK WAYS TO BE EXPERIENCED BY THE HOMEOWNERS . THE INO<III OUAL UNITS WILL BE LARGE ANO AIRY ANO AS OPEN TO VIEWS AS POSSABLE WITH EXPANSIVE WINDOWS TO CONTRAST TH E STUCCO EXTER10RS. STEEP LY SLOPING ROOFS WITH PR OJE CTING CORN ICES WILL COMP LE .. ENT THE EUROPEA N fEEL TO TH E ARCHITECTURE TAK ING CLUES rROM THE UNIVERSI TY or O<ENVER AN O NEARBY RESIDEN TI AL COM lot UNITIES . THE SPEC IFIC O<ESIGN , "ATERIALS. ANO COLORS TO BE IN CORPORA TEO IN THE BUILO<N GS WlLL NOT BE O[l[RMIN(O UNTIL OETAIL.(0 ARCHITECTURA L DRAWINGS HAVE BEEN PR(PAREO. Tl-4E PREPARATION OF SUCH DE TAJ LED ARCHITECTURAL 0RAW1NCS IS AN EX PENSIVE AN O Tl "E-CONSUM INC PROCESS THAT IS NOT LIKELY TO BE UNDERTAKEN UNTI L THE PROP OSED PUO AMENDMENTS HAVE BEEN r1NALLY APPROVED BY THE CITY. APP\.ICANT SHALL SUB .. IT SPE C1r 1c DESIGN ELEVATIOIIS , LIST or PR IMARY MATERIALS ANO A COLOR 80ARO FOR THE EXTERIOR Of TH E BUILOINC S AT LEAST JO DAYS PR IOR TO THE ISSUANCE or THE FIRST BU ILDING PERM IT FOR TH E PROJE CT. CONSTRUCTION SCHEDULE THE FI RS T PHASE WILL INC LU DE 1 OR MORE RETAIL BUILO<NGS , UP TO 2 RESIDE.rlAL TO WERS, 1 OR MORE RESID ENTIAL 'ROW HOUSES' ANO STRUCTU RED ANO SURFACE PARKING TO S!:FVE THE" 'M-IILE MAINTAINING ACCE SS ANO USE OF TH E [><I STINC AUDITOR IUM BUILDI NG SU8SEQI.. !NT PHASES W1LL OE MOU5'H THE REMA INING EXIS TI NG BUILD INGS AN O COM PLETE THE RETAJL BUILO<NGS AND 1 OR MORE 'ROW H0US£' ANO 'TOWN HOU SE ' CONDOM INIU M BUILOI NCS AS 'ltt.l AS TH( REM~IN!NG TO'lt{:RS ANO AOOITIONA.L PARK ING TO S[R'v£ TH EM . IT IS AN llClPATEO THA T PH ... SE 1 CONSTRUCTION MAY COM .. ENCE AS EAR!.Y AS MAR CH 2007 ANO TH AT COMPLE TION OF ALL PHASES OF TH E PROJECT AJRE EXPECTED TO OCCUR NO LATER THAN D<ECEMBER 3 1, 2011 . pup DEVELOPMENT SUMMARY THE APP LIC ANT PROPOSES TO DEVELOP UP TO 350 RESIDENTIA L UNITS ANO UP TO 51 ,500 SQUARE FEE T OF RETA1 L/OrFICE SPA CE. THE RETA IL/OFFICE COMPONENT IS PROP05'EO fOR THE SOUTHEAST CORNER or THE PROPERTY WI TH ALL PARK ING LOCATED EITHER IN A D<EOICATEO STRUCTU RED GARAGE OR IN DIAGONAL HEAD-IN SuRrACE PARK ING SPACES THE RETA IL/Of'FICE BUILDINGS WIL L SCREEN THE SURFACE PAR KI NG AREAS . TH( RESIDENTIA L UNITS WILL CONSIST OF LIMITE D HEIGHT RE5'0ENTIAL BU ILDINGS (TQ\W,I HOUSES ) ALON G THE NORTHEAS T ANO WES TERN BOUNOARl(S CF THE PROPE RTY AS '111£LL A.S R0Mi0US£ ST YLE CONDOM INIUM UNITS IN MUL Tl -STORY BU ILD INGS LOC ATE D IN THE INTIERIOR or THE PROPERTY . TH E MUL TI -STORY BU ILDI NGS ANO 'ROW HOJSES' WI LL SURR OU ND A LARGE LANDSCAPE ELE ME NT IN THE CENTER Of TH( SITE . EXCEPT FOR LI MITED VISITOR P.t.RKINC. AL RESIDENTIAL PARKINC 'NILL BE PROVIDED BELOW STREE EIJ(L, OR AT PR IV ATE GARAG(S. METROPOLITAN PISJBICJ SUMMARY IT 1S AN TI CIPATED THAT ON E OR MORE TITlE 32 "ETROPOI.ITAN O<STRICTS M.V BE ORGANJZEO rOR PURPOSES Of' rACILI TATING flN AN CING ANO CONSTRUCTION Of' THE PUBLIC l"PROVE MEN TS ON THE PRQPER TY (THE "DISTR1cr) UPON ORGANIZATION , THE DISTRICT SHALL ALSO BE RESPONS IBLE rOR CER T•1N OPERATIONS ANO MAINTENANCE UPON 1~( PROPER TY, INC LUOEO BUT NOT LIMITED TO PUBLIC IMPR OVEM ENTS THAl ARE CONSTR UCTED BY THE 0IS1R1Cl ANO NO SUBSEOU(N TLY DEDIC ATED O A PUBLIC OR GO \/ERNMCN TAL ENTITY (THE "PR OJECTS") THE O<STR ICT SH ALL BC RE QUI RE D 0 OPE RA TE AN O MAINTAIN TH C PROJECTS. OR CAUSE THE PROJE CTS O BE OPERATED AN O MA INTAINED , AT STAN DARDS (1) REQUIRED TO PROVIDE ACCESSIBLE ANO SAfE PUBLIC 1 .. PROVEJ;ENTS , (11) REOU1 R(O TO MEE STANDARDS ESTA BLI 5'HEO FOR FACI LIT1£S or THE CITY, AN O (11 1) AT A f ll!S f -CLASS LEVEL INCLUDING . WI TH RESPECT TO THE PUBLI C PAJRK ING rACILITIES , LIGHTING , SECUR1TY ANO RE-PA I/I NC NOTHING HEREIN OR IN ANY RESOLUTIONS OF THE CITY SHALL BE INTERPRETED TO RE QU IRE THE CITY TO UNO<ERTAKE RESPONS,B L' Y fOR OPERA TION ANO MAJNTENAJN CE or THE PROJECTS ANO ALL AUTHORIZING DOCUMEN TATION R[CAROING THE D<STR ICT SH ALL BE CONSISTENT WITI< r .. E REOUIRE UE NTS rOR OPERA TI ONS AN O MAIN TENANCE AS STATEO HERE IN, DEVELOPMENT STANDARDS A CE S[RAL RE CU A l • S UNLESS OTHE RWISE PRO VI D<E D FOR TH IS PUO OR AN AMENDMEN T Tl<ERE 0 . THE PROVISI S, STAN DAR DS , RE GUL ATIONS , ANO PR OCEDU RES PER TINENT TO._ •PPLIC ATION rOR !>,( DEVEL OPMENT or L A"O WITH IN THIS PUO ZONE DISTRICT SHALL C PL Y Wl ll< TH RE REM£N T5 TH( M -R-3 -B Z £ DISTRICT OF THE CITY or ENGLEWOOO ... o RELATED Z NC R GUL A 5 N PLACE AT THE TI ME SUCH APPI.IC ATION IS F1LEO WI TH T"E CITY B PER MITTED PQIN C •Ac USE S Tl<[ TABLE BELO# 5'HALL C TRO L 'Tl<E USES WITH N THE P~O z 01STRIC1 A •p• I" T'1£ CELL fOLLOWIN C TH E USE TYPE OIC ATES THA T THE USE TYPE IS PER.. [O BY R,GH! THE O[NVEI! SE MINAR Y PUO ZONE 01STII IC A BLAN< CELL INO<C ATES T><AT TI<E U TYPE IS PROH IB TE O N HC PUO VNl[SS 0 TH(R'#1S( PR O,. 0£0 TI-t[ J'Ot..LOWNC US£ CATCCOAtC S 4'11 0 1"PES $,.i AU. H A~ fl.t[ $.A.lril ( M.(ANNGS .t.S SUCH C.t. [CORY A.N O use T(RWS B Y TH( $Alif( N4ti S CON T.t.J .... CO rt.I TI t i OF TH( l •Cc E MUNIC1P AL COi!( PCRMITTEO U S AJRE SV8JE CT TO A OTHER APPLIC A8L( REG UL ATIO,,.S or TITLE 16 -UNlf'1ED DE11EL0PM£N T COOE APOJ/1 SQIIWlr 1"1/A J'AIIL or &0IP uas l'UO fRANSPORTATlON F'A CILITY ACR ICUL T\JRAL USE ANIMAL SALES AN O SE RVICE ASSEMBLY OEPEN T ARE ENTERTAINMENT / AM USEMENT : INDOOR I MEO<CAL/SCIENTIFIC SERI/ICE I omct RETAI L SAL.ES AND SER\1CE - (PERSONAL SERVIC[) RE TAIL SAL.£5 AN O SER VICE - (R EPAJA AND RENTAL) -f RET AI L SALES ANO SER VIC E f - (S ALES ) ---p - C. UNI.I S TEO US E PROCEDURES rOR APPROVAL or USES NOT LI STEO IN THE ABOVE TABLE or ALLOWED USES SHALL BE COVERNEO BY TITLE 16 PRO IIISIONS FOR UNLI STED USES . 0 . 0£VELoPMENT STANDARDS THE 0EV[L0PMEN T Will 8£ IMPLEMENTED AS A MIXE D-USE VILLA.CE IN C~PORATINC RETAIL. OfF'ICE (COMMER C1AL) AN O RESIDENTIAL TYPE USES . 1. MAXIMUM BU IL DING HE IGHT : SEE PU0-3 rOR BU ILDING HE IGHT SUM .. AR Y. 2.BULK PLANE : rOR RESAOENTIAL UNITS ON THE , sour ANO WEST EDGES or THE SITE, EXCEPT TO TH E LIMITED EXTENT SHO~ IN THE BULK PLANE OIAGRAMS ON PUO-J, NO PORTION Of 'THE BU ILDINGS SHALL EXTENO BE YOND AN Y APPLICABLE BULK PLANES: SEE PUO-J FOR APPLICABLE BULK PLANES. J ... AXIMUM RESIDE NTI AL UNITS · 3!10 4 ... AXIMU" TOTA L RE TAI L/OFrlCE (COMMER CIAL ) USE CROSS SAL AB LE fLOOR AREA 5'HAL L NOT EXCEED 51,500 SQUARE fEET. THE "AXIMU" TOTA L OFrlCE USE GR OSS LEASEABLE FLOOR AJREA SHALL NOT EXCEED 17,000 SQUARE fEE T. EXCLUSIVE OF Of'rlCE SPACE ES TAB Ll5'HEO WI THIN AN Y RETA IL SPACES ANO RELA TtO 10 THE MANAGEMEN T Of SUC H RE TAIL OPERAll()N, 5.PAR~ING: SEE PUO-7 ANO PUD-8 PARKING PLAN fOR OETAJ L. 6.SIGN AGE : SEE PU0 -11 : PROP OSED 5'GlNAGE / rENC ING PLAN rOR DETA IL. 7 fEN CES AND WALL S. SEE PU0-11 : PROP05'EO SIGNACE / fENCING PLAN f OR OETAJL 8 .LANOSC~PING: SEE PU0-10: PROPOSE D L ANDSCAP ING PLAN fOR DET AIL OEVE LC>Pf:R TO PROIIIDE LANDSCAPE OE5'GN PLANS FOR AREA ADJA CE NT TO WEST PROPER TY LI NE TO KENT :~~A ,i&,.SOC IA TION ANO RECEIVE COMMENTS (NO T APPROVAL ) FROM KENT VILLAGE E. MOO IFICA TI ONS : J. THE f 0UOW1NG MOOI FIC ATION PROCEOURES ARE CONSI STENT .. TH PUO MOOlflCA TION PROCE DU RES ruB~~ic~6 ZONING REGUL ATI ONS (AS MOOrlED BE LOW), UNDER 1"HIC" TH E PUO APP LIC ATION WAS 1. DISTRICT PLAN . TH E TERMS , CONO<TION S, THE ADOP TED PU O DISTRI CT PLAN AN O DOC UMENTS MA Y BE CHANGE D ANO /OR AMENDED IN WHOLE OR IN PAR T AS f OL LOWS. o MINOR MOD IFI CATIONS TO TM [ PUO OISTRtCT Pl.AN· TH E CI TY "4ANACER OR OESICNEE MAY APPROVE WlNOR ~OOIF'ICAllONS IN TM[ LOC A TION , SIZING A.NO HEtCHT or STRU CTU RES OR F'AC!U l1ES 1r R[OUIRE O BY ENGINEERING OR OTMER CIRCUMS TAN CES NOT F'ORESEEN AT TME TI ME TH E PLANNED UNIT OEVE LoPWENT 0 1STR IC PLAN WAS APPROVED SO LONC AS NO MOO IF'ICATION VIOL ATES A.N V STANDARD OR RE CUL ATI~ SE F'ORll-4 IN SEC TION 16 -4-1, -ZON ING RE GUL ATIONS b MAJOR Y OOIJ'IC ATl ONS TO THE PUO DISTR ICT PL AN MAJOR MOOlflC ATtONS MAY BE MAO[ TO THE APPROVE D PLANNED UNIT DEVELOP MENT DISTRIC T PLAN PURSUANT TO TH E SAME LI MITATI ON S ANO REOO IREt.lENTS BY WH ICM SUCH PLANS AN O DOCU MENTS Ytt:RE ORICINAU Y APPR OVE D 2, SITE PLAN o MINOR MODIFICATI ON S TO PUO SI TE PLAN THE CITY THROUGH TH E OE VE OP MENT R(v1EW T(AM MA.Y AUTHORIZE MINOR 0£1/t ATIONS F"ROM TH E PUC SITE PLA.N WHE N SUCH OE"1UIONS APPEAR NECESSARY 1N U Gl"IT Of TECHNICAL OR [NCIN[[R:l NG CON StOE RA TlO NS. MtNOR OE VI ATl~S SHALL NOT BE PERM ITTED IF' A.N Y or T\.tE F'OLLO WIN C CtRCUUSTANCES q (SUL l 1) A CHANGE IN THE CH•RACTtR or THE DEVE LOPtr.!ENT; OR J A CHANCE JN TH C C(N[RA l0C 4 Tl0N CJf LANO USES , OR 2! A CHANG E IN TH E PER .. 1TTE O L ANO USES : OR , AN INCREASE IN THE MAXIMUM H[tC,H Of .t.N'( 8UfLOINC Qr -.,QR[ Tl-l AN Fl \lE et[RCENT (~") EXC EP T THAT FOR BUILOI NGS GREATER T'HAN 100 £"[El !N t-EIGhT, SUCM INCREASE SH A NOT EXCEED TWO PER CE NT (2ll). OR ~) AN INCREASE IN THE NUMBER Of' 0 W£LUNG UN I S. 0A tN n-tE R ATIO Of TH( CROSS rLOOR AREA or STR UC TURES 10 THE AN O AJREA, OR INCREASES IN ThE PROP OSE D GR OSS f LOOR AREA WITH IN ANY PARTlCULAR L AN O USE or MORE !),AN TWO PE RCEM (lll), OR 6 ) A REDU CTION IN THE SETB ACKS rROM PROPER TY Ll •ES. OR 7) AN INCREASE OF .. ORE AN TWO PERCEN T (2:1) IN GR ou,o C0'1:R•C£ BY STR UCTU RES OR SURFACE PAJRK ING , OR 8) A RED UCTION BY MORE THAN TWO PEQCENT (2!1) N TH E LAN D ARE A OESIG1'• TEO fOR L AN OSCAP1NG ; OR 9) A RE OUC ON IN THE RA O Of OH-STREET PARK ING AN O LO •D<•G SPACE TO CR OSS fLOOR AREA OR NVM8ER OF Olll(U.INC UNITS IN STRUC "lJq Es. OR 10) A CHANCE 4FFE CTINC HE ACC ESS FROM A.N O Trt ROUCh cu euc RICHTS ~ WA Y P"O""DEO. HO WEVER , THA T CU RB CUT LOC A IONS MA Y 5'HIFT UNLESS SP ECI FIC ALLY ES ABLISHEO BY THE DISTRICT PLAN O Sil! PLAN A.i.t(NO M[NTS . AL PU O SITE Pl.ANS APPROVE D A.N O RCCORO(O M.a Y LY BE AM ENDED PURSUANT TO THE SAWE PR OCEDURE ANO SUBJECT TO THE SAME LI MITA TIOSS AND REOU1REM(NTS 9Y ._,.ICM SUCH PLANS W(~ APPR OVED ANO ES S,.,A..l BE IN 30' ..,IN e. I' 'I •• 111. ALL ENGINEER INC,OES1CN ,MATER1ALS ANO CONSTRUCTION PROCEDURES UTILIZEO IN THE PREPARATION OF THE UTIUTY PLANS 5'HALL ADHERE TO THE CITY'S WATER ANO WASTEWATER SPECIFICATIONS ANO OTH ER CITY RULES ANO REGULATIONS. 20. THE CITY 5'HALL HAVE THE PERPETUAL RICHT FOR MAJMTENANCE REPAJR ANO /OR REPLACE .. ENT or THE CITY'S PUBLIC UTI UTIES IN SAID EASEMEN T AND THE 111CHT TO RE .. OVE ANY SVRF ACE 08STRUCTION INTERfERING '"1H SUCH REPAJR MAINTENANCE OR REPLACEMENT . RESTORATION / REPLAC[WENT Of 'Tl<[ SUR•ACE SHA LL BE 'Tl<E SIDLE RESPONSIBILITY OF THE PROPER TY OWNERS. 21 . NO PERMANENT STRUCTURES SHALL BE ERECTED UPON THE EASElotENT. 22. EASEMENTS SHALL PR0\.1DE EIISY ACCESS TO ALL 0\/81.IC UTI UTY f ACILITlES BY A TAHOE" 1"HEELEO MAJNTENANCE TRUCK . AGENCY CONTACT LIST AW EN'PIIJltA MB CONSUL TI NG INC . JJJ W COLFAX AVE , SUITE 500 LAKEWOOD , COLORADO B0204 OAIIIO CENTER (JOJ) 825-7475 MQIU:CNAE DAVID OWEN TRYBA ARCH ITE CTS 1620 LOGAN STllEET DENVER , COLORADO 8020J DEAN rOREMAN (JOJ) 831-4010 P 0 . BOX 111 768 JIMPQIUo'DQN Df PWD rox HIGGINS TRANSPORTATION CROUP BOULD ER , COLORADO 80.l08 ~ STEVE TUTTlE (JOJ ) 652-3571 CONTI NI IUM CHER RY HILLS L ANO COM PANY, LLC ANO HREE CITY CENTRE COM PA NY , LLC 1430 WYNKOOP ST , SUIT E 100 OEN VER, COLOR ADO 80202 KEIIIN FOLTZ (J OJ ) 573-00~ SITE DATA TOTA L SI TE SQUARE FOO AGE RE SID ENTIAL USES RETA IL /OFFIC E (C OMM ER CI AL USES ) TO .,.HOUSE GARAGE CONDO MINIUM GA RA GE TJ /T4 z J (6•.J80 ) • 19J,J40 l1 /T2 • BJ,765 RETAIL CAR A.CE 44,027 X 1 • 44,027 LANDS CAPE /OPEN SPACE DEE DED PUBLIC RIGHT OF WA Y L AN DSCAP E BUILDING HEIGHTS SURVEYED LEGAL DESCRIPTION LO TS 1 & 2, KENT PLACE FIRST FI LI NG COU NTV OF AR4PAH0E . S A E OF COLORAO O SHEET INDEX PU0-1 DISTRICT PLAN PUD-2 PRQPOSE0 PHA SING PL AN PV O-J PROPOSE O SITE PL AN PUD-• PROP OSE O OFfSI TE UTIL ITY PLAN PU0-5 PROP OSE D ONS ITE UTILITY PLAN PUO-'-PRoPOSEO CR401NC Pl 4N PU0-7 PROP OSED SURfACE PAR<INC Pc AN PU0-8 PROP OSEO G1-G2 P AR~l ~C PLAN PU0-9 PROPOSED PEDESTRIAN CI RCUL ATION PL AN Pun-·" pqQPOSEO LA.NOS CAP( PL•N P.\(~-1 PROP OSED SIG N AGE /rEN CINC PLAN SIGNATURES 497,011 S.F. UP 10 800,000 S.F. UP TO 51.~0 S.f. u• o 36 .o,o s .r . UP TO 276.1105 s .r . P TO 44.027 S.F. 152,267 S.F. 6 ,230 s r SEE SI TE PLAN APPP r ~o FOR CONTINUUM CHERRY HILLS LAND COMPANY, u.c ANO 'THREE CITY CEN'IRE COMPANY, LLC DATE SIGNATURE ' E STATE OF COLOR ADO COU NTY OF ------- THE fO'<EGO<NG INSTR UMENT WAS AC<NDl!t.EOGEO BE<ORE ME TH IS ____ OIIY OF A O . 20 ___ BY ------- AS , Of _____ _ EXP 1RE S ------- ADD RE SS APPRO~ FOR 'THE OTY OF ENCLEWOOO •L ANl\l'G Al\0 ZON NC COMM ISSION C~A RP ERSON DATE M A>CR or E,cu: OATE Ant:STt:O T><E 'JRECO,N APPR OV AL , .. s AC<N ,¥LE GED e r E ME THIS __ OAY Of A D 20 ___ 9 y _____ _ AN D----------- CITY · ER< CLERK ANO RECORDER 'S OFflCE n, s Dl ""-''EO iJ Jr,,, T 0(\1:1.00M(N T' 15 ACC (P ( F' n~ .... c It. lM( r ,c OF a [ CLER, AN l!ECORO(R O' AR AP.,..O( CCXJ N '' COL ADO, AT O CLOC K," THS ------ DAY ----20 __ EC(Pr W M CR ___ B I\UM E --· PA Nv W C:R ---- PU0-1 1-z 0 ,u V,"' 0: (I) II I! ·1 I• -~ ·1 !. ., ! i i L.._ ·- (,) (I) -· (J) (J) --(J) ------ ~! (I) I l (II}! I i (0) ~-.. ===~·~~---··-··---.rn.:;z. ___________ :, _ __:_:::={?l _:; ( 7) ::;> sovn, """fllSlrY IOIILllMO PHASE IA -SITE PLAN NOT TO SCALE ~ 11 ---- (J) ,b - (J) --- PHASE 18 -SITE PLAN NO TO SC (Z) ' '(J) r, ;,,,; (J) ' '(J) (IJI (Z) (J) -· :.-: i i § I I L----· ~ PHAS[ IA BU ILDINGS c::J PHASE 18 8UILOINCS c:::::J PHASE ft 8U1LDINCS eiwt.JA 1. CL(AR PROPERTY OF AU EXISTINC CONS111UCTIOH EXCEPT n.c CXISTINC SEMINARY AONINISTRA TIOH BUILOINC. ---- 2. RETAIN PA~ ARCA AT NORTH llf:ST COflN[R OF n,c SITE . 1 CONS111UCT WCST AND NORTH POR110NS or 50.JNO~VACY WAU PER NOT[ 5. &. 7 ON PU0-11 ANO ALL Ollt PO'lnoN or 9t[M.tJNINC WALL 4. AD~ST CUIII CUT TO HANPO[N ANO CONSTRUCT TtNPORAIIY SAi.CS CENTER PARKINC . II. CONSTRUCT TEMPORARY ORIVC rOR FlllE ACC[SS . I . CONSTRUCT OCC[L(RATION 6 ACCEl.fllATIOH LAN[S ANO ATTACHED Sl0£WAU< e UNIVCRSI T' 6 HAMPDEN . (COOT ACCESS PERMIT SHAU 1£ 08TAINCO PRIOR TO ANY CONS111UCTION). 7. CONSTRUCT NEW SICNAI. LIGHTS TO INCI.U0£ '110 CAIL£, ANO Nto<ANS OH UNIVCRSITY 80UL£VAIIO . I. CONS111UCT ANO '1NISH CU"8 CUT AT UN IVERSITY ANO PARKINC rOR PHASE I. t . CONSTRUCT PilfUWINARY OVER LOT CRAOING 10. RELOCATE SUS STOP . 11 . CONS111UCT unu ncs RCOUIR(O TO SUPPORT PHAS( I OCvtloPN[NT 6 T[NPORAR Y LOOP UTILITIES TO MAINTAIN CXISTING SCW.ARY IIUILDIIIG AU WATER UN[$ SHAU 11£ LOOPED ARROUNO TM( SEMINAR Y AOlolN ISTRAnON AND SAi.CS oma:. 12. CONS111UCT FlRC 0£PARTNENT '1M HYl>RANTS (SE[ PU0 SHl:ET 5). 11 CONS111UCT P[RNAN[N T DOENTION rAC1llTl[S AT LEAST $.lmCl(NT rQR CONTA-N T OF ORA .. AOC rOR PHASE ON( DEVC LOPNEN T. 14. CONSTRUCT SICNAGE ANO LANDSCAPING ALONG UNI VERSITY ANO HANPOEN , 111. CONSTRUCT GAR AGE rOR TOWER 1, 2, RETAI L ANO STREET ACCESS. 11, CONSTRUCT TOlll£R 1 ANO 2 17. CONSTRUCT RETAIL 8UILDINCS 2 ANO J . 11. CONS111UCT RESIOENTIAI. ROW HOUSE 8UII.DINC 1, 2. ANO J . 11. ONCE TOlll£R 1 IS COMPUTE OCNOUSH TEMPORARY SAi.CS CCNTER PAIIKINC llO. wove SALES CCNTCII rUNC110NS TO TOM:R 1 11 , CONS111UCT RETAI L IUllOINC 1 CONS111UCT A PORTION OF LAN0SCAP£ ANO COURTYARO . etlAK....II. 1. otNOUSH RCNAININC SEMINARY AONINISTRA110N IIUtU)ONG/$AL[S CENTER . 2. COWl'LETE UTILITY LOOP SYST0o1S. AU WA TER UN($ SHAU 11£ LOOPED. t g~: :~~:o:g:, =:i=NG • ANO TO.. HOUSE IUIIJ)INCS 1 ANO 2. II. COMPUTE SOUTH 111£ST SOUND WAU AI.ONC H_,, AVEHU[ I. COMPUTE LAN01CAl'tNG IN l'UkJC -T OF WA Y ANO OUTSIOC SOUTH 111£ST SOUNO/l'IIIVACY WAU etWl..Jl 1. 0CM0L1SH [XIS11NC STAGING ,ARKING -AS 2. COIIPU:Tt PH AS[ II IIOAOS CUlle1 ANO l)JTTC11S 1 CONPu:Tt UNOC-U'IIUTl(S. A1.L WA Ttll UN(S IHAI.L IE LOOl'(D 4. COIIPLETt OI TtN T10N r AC1U Tl[$. 11. CONS111UCT to., -~ l I, CONSTRUCT ROW HOUK IUILOINO a 7. CONSTRUCT TOIIDtS J, 4, AHO ,..,.8'0 CAaAQ'. & CONSTRUCT SOUIIO WAI.L ALOIIIO UNl'o(MIT'f k\lO I, COIIPLETt -AGC ANO LANOSC~ 10. COIIPLE!C -CONNCCTIOIG C:OURTY"*I TO T J ANO 4 11 , COIIPLETt SICNAG( ANO OITRY -.,.o(Nl'S PHASE II -SITE PLAN NOT TO SCALE PHMING N688 6D'tf A. THE O[',(LOPER PLANS TO BUILD l)4£ PROJE CT IN NUL TIPLE PHASES. IT IS ANTICIP•TED THAT THE 1ST PHASE IMU. ll<CLUOC J IICTAIL/omct IUILOIHCS, UP TO ) RO ... OUSE 8UILOINCS (IILDG . 1,2 ANO J), ONE OR NORE IIESIOCNTIAL TO-S (TOWCRS 1 AND 2) ANO THE CI.UIIMOUSE/COIINON SPACE. AS 111£LL AS ONE OR WORE LE VELS or IICTAIL PARM INC GARACE ANO CAR(GE SECTIONS SER'v1NC THOSE TOW[R IIUILOINGS COWPLETtO IN TH[ PMASE . NEW DC'TtNTlOfril rAClUTlt:S a UNOEIICIIOUNO UTILITIES SHAU 11£ CONSTRUCTED AS IIEOUIR£0 TO SERVE TMC SITE AS OEVCLOPED . AU WATER LINES SHA1.L 8E LOOPED . I. THE l'RO.£CT SHA1.L INCLUOC A NEW SIGNALIZED ENTRY AT SOUTH U .. VCRSITY IIOUl£VARO , AN EXTEN0£0 U:rT T\JIIH LANE AT SOUTH BOUND UMVCRSITY TO EAST IIOUNO HAMPO[N AV[, ANO A N[W TRAmc LANE "'°" TH[ NORTH PIIOPERTY Lll<C ON THE WEST 510£ OF UNIVCRSITY IIOULEVARD TO THE UNI VCRSITY ENTRY , SOUTH TO HAMPOIEN ANO THENCE TO TH[ l€W HANl'O(N ENTRY AS WCU AS AN ACCELERATION L-ONTO 111£ST 80UNO HAMPO[N AVCNU(. THAT POR110N OF SUltrACC STREET NECESSARY TO S[JIV[ THE 8UILOINCS ANO MAINTAIN ACCESS TO THE SEMINARY IIUILDINCS $<AL L 11£ CONPU:T[O IN PHASE 1 C. THE MNAINOCR OF THE 'IIO.f:CT Will. 8E COIIPL!TEO IN CINE OR MORE PHAS[S. IN EACH CASE , SUISEOU[NT PHASES •u INCLUOI TH[ COMPLETION or SUCM PAlll<IN~ rAC1Lll1ES •s All[ NECESSAII Y TO SERVE TH[ IIU ILOINCS COMPL£TED IN TH AT PHASE , AS 111£U AS TH[ COWPL(TION OF THE TCNPORAR Y PORTION OF SUllrACE STREET ARE• NECESSAIIY TO SERVE SUCH 8UILOINCS. D, SIT[ PLAN PHASINC AO~STNENTS NA Y IE WADI[ BY .._,TVAL ACll([M[NT IIETWEEN l)4£ 0£VCLOPEII ANO n,c CITY WANlGER OR 0£SIGNEE , L 0£VCLOPER SHALL u,CRA0£ THE SICNAL AT TH[ HAOll'OE N/UNIV[RSI TY INTtllSECTION TO ACCONWODA TE A SINCL( L[FT TURN LANE rOR S0UTH80UNO UNIVERSITY. TH[ TIMING rOR uPGIIADtNC n.c TRAmC SICNAL CANNOT 11£ IOCNTIF1EO UNTIL COO T INPUT ANO APPROVAi. IS 08fA!KD. ,. THE CITY W1U. NOT ACCEPT OWNERSHIP OF PHASE D UTILI TIES. A1.L SITE UT1U TICS MUST 8E COIIPI.CTE PRIOR TO '1 NAI. ACCEP TANCE I Y THE CITY. 0. POTAILE WATER UN[$ MUST 8£ LOOPCD PRIOR TO SOl\'ICE US( ett+¥P L MIA$tPtiC. A. PHASE 1 IS TO INCLU0£ LANOSCAPING ALONC SOUTH UN IV[IISITY IL~ FROM THE NEW CUIII CUT TO THE """"OEN AV[ INTERSE C110N ANO TO THE SOUTHERLY ENTRANCE TO TH[ l'RO..CC T I. .. AOO<TION , PHASE 1 •LL INCi.UDE LANOSCA""'C rOR TH[ R[TAIL [LCNENTS AS WC LL AS THE LANOSCAP!NC 0£SICNEO rOR THOSE 8Ull.01NCS COMl'CTEO IN PHAS[ 1 C. r()lt 5UeSEOUENt PHAS[$, LANOSC""'NC ,au IC IHSTAI.LEO A$ 4''11Cl'RIAT[ TO SUPPORT AOOITIONAI. 11U1U>1NOS AS Cow,L[T[O. ~ A. IT IS U,CCT[O THAT PH ... 1 CONSTRUCTION MIOMT KCIN •S CARLY AS MARCH 20C 7 C()OjSll!UC 0, [AO< PHAS[ OOiCC IICUN IS ANTIO,ATtD NOT TO t l<ClCO 12-2• lolONTHS COWLETIOOi 0, AU PHASES 0, THE 'llo..(CT -[X,CCT[O TO OCCUII NO LA'ltll THAN OCC(._R JI 20 11 PROPO~~G PLAN ~ J J z I-z 0 u l!; ! 1'1~ ~-f ;g II I! •• I• .~ · 1 Ii F\.OW UNE -----~oo·,,.,,..., rlRST '1.00II tU:VA 110N VAIIICS WI TM OAII AO[ • PAIIICIHO CAIIACC C0NS TR UC1ION STtPS --· -·---19·.,· 56 '-o· I 15'-7" , ( 2•·-0 9'-1'. ADJACVIT ZONINO MU-R-3-B CITY OF ENGUWOOO 279'·•· ~-~-~ IUII.DIIO 2 IIAX. II.: 11411 "· (46' AB OVE GR ADE) ~ IULOIIO 1 IIAX. II.: 11411 "· ( ... ABOVE CRACE) 11!8'-6" -COURTYARD - --......... 7'-9" ,·-!,· ---------------J----.. --.• --- ID IOO'll'Jl'I ..... -----LINE OF IIUU< PlAH£ CHIMN£YS AUOCI> (L0C A110N IIAY VARY) ---+ U '-O"(AIO\.'I: '1RST "LIi.) ----UP TO 8:1 2 ROOF PITCH . -~--ROOF UN[ ---+ 21'-o"(AIO\.'I: rlRST M .) P~RTY UN[ ---+--11111vA Tt Of:CIC SOUNO WAI.I. '111ST M [UV. (VAIICS) Jo/X VAIICS SOUTH UNIVC:RSITY BO ULEVARD ADJACENT ZON INC R-2 ARAPAHOE COUNTY N '1RST 'I.OOII [UVA 1ION VAlll(S "'"' OAUO[. PAIIICINO CAIIAO[ CONSTIIUCTION STtPS .. , .... Jll '-5" 1-.aulE IULDIICI 3 1i1A1C II.: 11413 "· (46' ABO VE GR ADE ) ~Ill -· IIAX.11.:-" (179' ABOVE GRAD E) J6 '-7" !59·-o· ,e ·-r 'o ~ 1. PROPOSED SITE PLAN 26 '-0" e 6 jo ,. ' .. 5 ·i,H 11F~ ~~ 15'-Ji 30 • ii J 2 SCALE : ,·-so·-o· ll • "' UNC OF IULJ< PLAN[ CHIIIN[YS AU0CO(L0Co\110N IIAY VARY) ..... '.Q"(AI0'1: '111ST "LIi ,) ,_... __ ..,_ __ II# TO a: t 2 ROOF PITCM ---DOIIWCJIS •TM -AU.OCD --+ JI' •Cl" (AIO',C '111ST "LIi ) PROPt:RTY UNt --+ tr-O"(AIO',C MST M ) ---+--t1etVA it DCCIC ts ~ ~ C c ... ~ LAIIDUII- IIAXIIIUlil IIAXIMUII IIAXIIIUII FOOTPIINT ARCA AS" OF Sitt USE UNITS UNITS S.F. FOOTPIIINT ARCA RESIDCN11AL -IOO t!I& 150 31.8 N"TA)t ,~ !1 42 750 I .! ltOADWA.,... 137 '14 27.7 ,,_... c:DA,f'« ., .. ~ ~,1 lO,A ~~R.n .w ··----a•~ t .J fflTl>I -... , 487011 100.0 Pllo.£CT SIZE : tt .41 ACRES IIAIOIIUII DENSITY (R[Sll)(NTIAL UN ITS PER ACRE) : 30.t? NOTts : ' OPEN SPACE FOOTPIIINT AREA INCi.UDE$ PRIVATt T'EMACES • BUii.DiNG ENTRY AIIEAS -0,~Ullft 1. Tl4C IIAXIMUII NUIIIER OF RESIOENTIAL UNITS WILL NOT UCEto 'IH[ IIAIOIIUII UNITS SPEC1'1to IN THE LANO use SIMIAIIY TAlll.£. 2. THE NWltR OF RESIDENTIAL UNITS WITHIN CACM 8Ull.ll4NG, THE ...-ER OF KOROOMS ANO OTHER ROOIIS •'IHIN EACH RESIDENTIAL UNIT ANO THE LAYOUT OF 'IHE RESIDENTIAL UNITS SHAU BE DETtRIIINED BY THE PROPERTY OWNER SU8..ECT TO COIIPUANCE WITH APPUCAIIU 8UII.OINC Coots. J, 'IHE NLIMltA OF RESIDENTIAL UNITS DOES NOT INCLUDE PROPOSCO cutST ACCOIIMOOATION FOIi CUESTS OF RESIOENTS OF THE PRQ.£CT. SUCH SPACES SHAU NOT EXcttD 950 $.F. ANO NO IIORE THAN TWO SUCM SPACES PER 8UILDINC (12 TOTAL) SHAU BE PR0"1DCO . F'N '_.' ....ar ,JfF'A MAXIMUM t,t.-~y 8UILOINC ISOUARt F'[[T\ rFtcn NOTt:S CONOOMINIUII ROW HOUSE I 10200 --2 J 5 7o 7b a CONOOMINIUII ROW HOUSE 2 8350 -2 J 5. 7o 711 a CONOOMINIUII ROW HOUSC J 5150 MM 2 J 5 7o 711 a CONDOIIINIUII ROW HOUSE 4 8100 M55 2 J 5 7o 711 • CONDOIIINIUII ROW HOUSC 5 8800 ...... 2 J 5 7o 711 • CONDOIIINIUII TOWN HOii< I 7J!O !>458 2 J 5 7o 8 •-·-'INIUII TOWN ,inii[ 2 15800 M58 2 J 5 7o 8 CONDOMINIUM TOWN HOIIE J 17550 !,4" 2 J 5 7o a CONOOIIINIUII TOWCR t 32200 "-~" , .. 2 J 4 a 711 7c 8 CONOOIIINIUII TOWCR 2 INCUJOEI) " -, :!M2 , .. 2 J • a 711 7c 8 CONDOIIINIUII TOWEii J 481150 5574 tb 2 J • a 711 7e. • CONOOIIINIUII TOWEii 4 ,INCUJOEI) II TO«il J 5588 tb 2. J 4 a 711 1c. a RETAIL CENTtR IUllOING t IOOO 54~ J • • RETAIL CENTtR AU• DING 2 19!\llO -J J e a. t RS-TAIi ~Nff'R IU I ii ""!NI': ' , .... ...... J e a NOTtS : 1. SQUAii[ FOOTAct AREAS: (o) INCLUDES 80TH TOl€R t ANO TOWER 2 (b) INCLUDES 80Tl< TOl€R J ANO TOWER 4 2. FIRST 'I.OCR ELCVA TION : THE ARST FLOOR ELCVATIONS FOR EACH 8Ull.ll4NG All[ APPROIOMA Tt AND SUMCT TO MOOIACA TION IY 'IHE PROPERTY OONtR DUE TO Dtlo':LOPM[NT OF '1NAL CRAOINC Pl.ANS. [L[VA TIONS ARE BASED ON uses ELCVATIONS PER CRAOINC Pl.AN (SC[ PUD-8) J. IIAXIIILIM HEIGHT : MAXIMUM HEIGHT IICASUREIIENTS ARE BASED ON USGS ELCVATIONS. 4. ON IIESIOEN11AL TOWIEA 9U ll.OINCS 1 ·4, NO IUILOINC SHAU EXTtNO BEYOND THt MAXIMUM IIUIL.OtNG ENVELOPE (AS DESCRIIED IN THt PROPOSED Sitt PLAN DRAWIG ANO THE BUii.DiNG HEICHT SUMMARY) EXCLPT FOR AIIST 'I.OCR Ttll!IACES, UPPER FLOOR 8ALCON I[$ (7 FT. ~CTION ALLOWED' ANO .. SctLLANtOUS FEATURES SUCM AS DECORATIVE CORNICES, OUTT£RS. ANO DOWNSPOUTS. UILOINC HEIGHTS ARE INCI.USl'1: OF ALL PERMANENT ST11\JC1\JRES SUCM AS El.EVATOII PENTHOUSES, PARAPE T WAUS, STAIRWAY ENCI.OSURES, ANTIENNAS, ROOFTOP IIECMANICAL • PLLIM&ING EOUIPMCN T AND THEIR ASS0C IA TED 5CRCEN WAUS • AIICHITtCTURAL ROOF ANO flREPLACE CMIIINEY FtA TUIES. 5. ON CONDOMINIUM TOWI< HOUSE IUILOINOS 1-J, NO 9UILCJINC OIi BALCONIES SHAU EXTt:NO ltVOND 'IHE SOU'IH '1 WEST PROPERTY LINE BULK PLANE (OIWO 2 • J) EXCEPT FOIi '1RST 'I.OOII PR IVA Tt TtRRACES. DORMERS •TH IIIINDOIWS, FIACPI.ACE CMIIINE~ AND .. Sctl.LANEQUS VEN!$. FLUES , ETC . e. ANY CELLULAR TELCPHONE [QUIPll(NT PLACED ON AN Y STRUCTURE MA Y ONLY BE INCORPORATED UTIUZINC 'STCAL TH ' DESIGN TtCMNIQUES. 7. ENCI.OSURES OF TtARACES AND /OR BALCONl(S ASSOCIATtO 111TH RESIDENTIAL IUllOINCS IN TH[ PUO SHAU 9[ UIIITtD AS SCT FORTH IN TH 1S NOTt 7. FOIi PURPOSCS OF SU0< U .. TA TtONS. 4 "TtlltlAct" IS AN tXTtRtOII SPACE CONNECTED TO A ROOFTOP UNIT OIi A UNIT ON !ME F111ST 'I.OOII OF A RESIOtNTIAL IUIU>INC; AND A "IALCONY" IS AN txt'U10R SPACE CONNECTED TO ANY UNIT OTHER THAN A FIRST FLOOR OIi ROOFTOP UNIT ANO A .. ALCONY" 114Y 9[ EITHtll INSET OIi PRO.-:C11NC ntOII '!Ht IIUII.DINC tXTt:IIIOII. FOIi 80114 "T[lltlACES" AND "IALCONU", NO CU.INC OIi ROOFTOP SHALL It PERV1TT£D "'IH MSPECT TO ANY RESIDENTIAL IUII.DINC. Wi FOIi "TCRRACES" CONNtCTtD TO CONOOIINLIM ROW HOUSES ANO T~OUSE. NO RIIANCNT V£1111CAL STR UCT\Jllt OF AN Y KIND SHAU 9[ PEIIIIITTCO THA T EXTtN0S 11()11[ THAN 42 INCHE S AIOVC THC LOWCST ELCVA 1ION OF THt TtlltlACE. (b) FOIi "TCRRACES" CONNtCTCD TO RESIOEN TI AL TOWER BUii.DiNGS 1-4, NO PERMANENT VERTICAL STRUCT\Jllt OF ANY Kl>IO SHALL It PCR .. TTtD THAT EXT[NDS IIORE TkAN I F'EET 4110VE 'IHE LOCST El.CVATION OF THt TtARACE CXCCPT FOR TREL.USCS DESIGNCO AS PAR T OF ll<t IIUILDINC . (c) FOIi "8ALC0Nl[5" NO ll(RTICAL STRIJCl\JRt OF ANY Kl>IO SHALL 8[ PERIIITTtD THAT EXTC>IOS 110RE '!HAN 42 INCHES AIIOVE THE 'I.OCR OF THE 8ALCONY." I . ROOF TOP MECHANICAL [QU IPM£HT SHAU 8£ $CR[[NtD l[HIND 8UIL.OINO PAII.\P£T WAUS ANO CAa.E 6 IIANSAIIO IIOOFS t . TOWER AT RE TAIL CENTER 8UllOINC 2 TO 11t +-20 ' A80\1: IUIL.OtNC ROOF ,t·-o· ururr EASCIICH'--T----~'-·--=o:+ PROPOSED SITE PLAN DIN'tlltlllll8Wn' PUD-3 ~ J J z -~ z 0 u l!5 6 l'1 " {. 58 II I! •• I• .~ ·1 Ii r i I I I 9U SHUT PU0-5 l'OII OH-!ITE UllJTIES n 11nni---i n 11nn11 n .JJ I . j .., l., CD l., :z "( -• .., .., ..,_ -.... ,.. .... ~ :z V, ..,< le .., C ,1 LJI ILJ 1' --.... --0 BLO C K j : KE:N T V I L L GE: I S£CON0 r 1 , G • ----------- ElOSllNO I" 1111. TO K ~ 111TH PIIOl"OSa) 12" 1111. . _J~ __ L __ I I --r I I I --r I --t : I I --r I --t ==t I • --~ I :: l'IIOl'Om) 12" 1111. E>OS11HO e• 1111. TO K IIEPUc:ED 111TH PROPOSED 12" 1111. 9 HI L L S I L I N G ,r .. .. u Ill t :z: Ii.! C i e -1-z 0 u - It _, IP, ~1i11I 1~ 1s •• i! ,1 I~ ,s • Ill ! El ... I i~il ll!I 2 I i i ' f . I ' CONN£CT ~ ,r ._ ,0 ElOlllNG .. .. 12"XI" 'IIE ESSEX LN l'IIOIIOIID •• .. I n 11nnr--i n 11nn11 n 705' N01t: 1, CONS1RUCT COloFl.£TE WA 1ER L0CP AIIOIHI SITE lO INQ.UD£ TEll'OIWIY LOIP CONIEClloN ADJACl:NT lO THE KENT PUCE SAi.ES CDl'IIR IN l'HAIE IA. UL TIIATE WA'IEI L01P llll.L K COWIZTE IN l'HAR 11. 50 0 25 50 100 . . . . . -·····-- -.....__..., __ _ -' 0 j l.J t:, cc t:, 2: <( -• ...J ...J ...J - -u... :,. .......... 2: V) t...J <( :I( t...J C L_J.__I -'---1/LJ BLOCK j KENT V I LL G E SECOND Fl ING -... --_1 - -··---~---·----~-----!-~-~--------.;:;...~ ...... - ~y ('NP) I ..... wjlnlJI I I I I I i;; _____ _ ---- ·---• ..;; ( _(_ -I J' --~-·-··.-.ili'·•-.. •-··---~..;"I._ i i i i i i ! ... ,_..,,.,~ !"LAN FOR CONTINUATI -=-:--, : ...... :: :r._ : ,. "'°'°9ED ON -Sl1E UllJlY PLAN ~- :, :, z - -Ii _, : • i I ' I - • 9 II IO 100 M**t+-v I I I OIICIIIIAI. ICM.I: ,·.eo· I I -------~ f I I ~t "'I l ., I, • ,...., . .,,,, 1 _r-'-s ---"1...s --"1...s---L __ r---,_., i I MAIL KJOSK ZONE I .:..~...r --,_ ...r,_ ~ ---,_..I'""'\...~ ---,_ J 240·-o· w-1't-,_ 1_J ,...,.....-.,._,,__ __ ~--- S(R V1CE I I IICYCLE DRIVE FOR I I PARl<1NC TRASH .. 1 / I LOCA TI ON UT1 L1TIES I (MA Y VAR Y) ------~ L---.-~-------~-L-....;-----..___,... ..,,, .. ,. -··· ,,, .... ,_,-----[_ __ .,-------.. _ -.r PROP05'0 RAMP TO ) UNOERGROUNO Ttlll'ORAR Y \._;-G~R:~~ ~ ...,_ ...,-,_ _,-_ ~ ..--. ~ ...._. ~ ..r _ ~All. •AMC ~ 1r-o· ieo·-o· ~ BICYCLE I PARK INC LOCATION (MAY VARY) OUND LEVEL PARKING r ---- ARAGE W/ 2 UNOERGROUNO SIMILAR FLOOR PLA Tt5 SEE PV0 &)CONTAIN ING UP TO 145 SPACES PER FLOOR . " TOT AL INQ.UOIHC UNOt:ROIIOUNO FLOOl!S UP TO 435 SP ACESI INQ.UOE : 2 PARK ING SPACES PER UN IT (210 UMTS, 420 SPA C[S), INQ.UOING 7 HANOICAPP[D SPACES ANO 2 VAH ACCCSSIILC SPACES. ANO UP TO 15 SUM'roS-,.~ , INQ.UOES STORAGE $PACES I (1 PER UNIT) IN 1-HR . ENQ.OSUII!. 1 INCLUDES ST AIRS. M[Ct<ANICAL. ELECTRICA L, PLUMl1NC. WUER PUMPS , SUMPS. ELEVA TORS , ELEVATOR MACHINE ROOl,1S, ETC 21 0·-o· a.r-1· SOI.ITH 1./NIV!RSITY 801./L!VARD 60'-0" IJ' TIIA~l LANE -+-'---' &'-0" • -·· ~ r :a .... , .... • Alo€HITY ZONE " " . ,,, WllU.. 1. • VAN ACCESSIBLE SPACES SHALL BE PROVOED FOR RETAIL ON SURFACE PER AMOIICANS 1111TH OISA81UTIES ACT ACCESSIBIUTY OUIOEUNES 2002 (AOMG) REQUIREMENTS. 2. HANDICAPPED PARKING SPACES (9'-0" • 1e·-e· MIN . + 5'-o· AISLE) SHALL BE PROVIDED FOR RETAIL ON SURFACE PER AMERICANS 1111TH OISA81UTIES ACT ACCESSIBIUTY GUIDEUNES (SEC . 4.1.2, 2002) AT 9 SPACES PER 401-500 $PACES. CAUGES HAVE ELEVATORS TO GRADE . J . STANDARD HAHOICAPPEO PARKING SPACES (9'-o· , 1e·-o· + 5'-0" AISLE) SHAU BE PROV10ED FOR RESIDCNTIAL BUILD INGS IN UNOEROftOUNO CAAAGf:S PER AMERICAHS 1111TH ~~:,:ir:ii,!iltCCJJ~~~ti6u~~N_;~i~i..:· i&vi~Jls \1 2~~1RC:T H~Oig:~£0 PARK IN G SPACES AIRE PROVIOEO AT OftADE FOR RESIDENTIAL UNITS . 4. TOWNHOUSES HAVE OVERSIZED PRIVATt GARAGES BELOW GRADE WITH DIREC T ACCESS TO EACH UNIT. NO OESIGNATtD HANDICAPPED SPACES 1111LL BE PR0\/1DCO FOR TO-OUSE UM~ ' 5. LOCATIONS or MAIL KIOSK ZONES MAY VARY OEPENOING ON DISCUSSION 1111TH USPS. 6. SURFACE PA1RK ING •THIN THE RESIDENTIAL LOOP OR IVE IS GUEST/VISITOR PA1RKING ONLY. ALL REQU IRED RESID£NT1AL ()YiljER PARKING SHALL BE BELOW GRACE . SEE PUD-8. 7. BICYCLE PARKING SHALL BE PROV1DED PER ENGLEWOOD MUNIC IPAL CODE SECTION 16-6-4, K. BIC YCLE PARKING SHAU BE PROV10ED FOR RESIDENTIAL CONDOMINIUM UNITS AT ONE SPACE PER TWO UNITS (3:IO UNITS/2 • 153 SPACES) AT GRADE OR IN UNOERGROUNO GARAGE. BICYCLE PARKING SHA1LL NOT BE PROV1DED rOR TOWNHOUSE UNITS AS EACH UNIT HAS A PRIVATt GARAGE . 8'CYCL£ PARK ING SHALL BE PROV1DED FOIi RETAIL AT GRADE AT ONE SPACE PER 10 PARK ING SPACES (2<M5/10 • 21 SPACES ). 0. SNOW STORAGE AREAS AIRE APPROXIMATE . EUMINATION or SNOW •THIN THE PROA:CT SHALL NOT BE THE RESPONSIBIUTY or THE CITY AND SHALL BE REGULA TtD THROUGH THE COVENANTS , CONOI TI ONS AND RESTRICTIONS COVERING THE PROPERTY. NO PUBLIC RIGHTS or WA Y SHALL BE USED FOR SNOW STORAGE . SURFACE PARKING LEGEND GUaTI'- QTY. TYPE NOTt 47 STANDARD 7',20' PARALLE L 47 IIJITOTAL MTM.I'- QTY. TYPE NOTE 0 STANDARD 9',18' HEAD-ON 90 ANCU:D , .• ,e·-a· 60' AN GLE O 6 HC e· • ,,·-er 60' ANGLED •TH 5'-0" AISLE 2 VAH ACC£SSl8L.£ MC• ,· • ur -a· 60' ANGLEO •TH e·-o· AI SLE .. UTOTAL 145 TOTAL IUWACE P- GARAGE PARKING LEGEND -<-•> QTY I TYPE 61 I 1N PRIVATC GARAGES AT GRADE IIITM. l'AIIICM ONLY QTY . I TYPE 108 I GAR AGE rum , .., 4 cm l'UD •> QTY I TYPE 145 I GARAGE (AT GRAD£ LEVEL) m I TOTAL GMMt: 11-..0 NOTt . R0WH0USE -01111:UJNC UNITS •TH ON GRADE PAR KING TOWNHOUSE -DWEWNC UNITS WTH ICLOW GRADE PARKING 11 ·-o· ,r-o· IJ'-0' ~ __ .___ 4. SOUTH ..,_ ...... ,, 6'-0" ,--..... ~ 2'-6" -.:r---, BOUND UNIVERSITY SECTION OT O SC4LE PROPOSED SURF ACE PARKING PLAN _.___., ~ :) :) z -I-z 0 u ~t ~~ { .. ~8 -~ II I! •• I• .~ ·1 I. ' L!L CC,.. • ,1 1.-r ~·,;,~,~~ ... ~ \ \\ ---1 -c---- -_____ ·-.. :, -1 .. --·-·-------·· / I/--··---·--,_'-, -.. I ' -1 ·.:.:..:~;;:·=, ,' 11 1. -~ /: i" \_..--.• ~ \'/ 11· ~-I ~, I :,_,, '11 [ J \" : : , ---------~ 11 'I I'. 1'1' 11 11 11 11 11 Ji IL~_, .. -, ,. ...... ::: __ J. ___ _ / i I ,.,r,.r .1.ic:: r .. ~-r1,•,.; .,_.. I .. ----1 -·--.. ----,-·-r--T-----\. 1 1 i I I I I i L-..----+.-· ~ t--m ....... dll • a \·.\ \ \\,\ ..... '--··"·. ·-.··-~~ .. _,. -~--.... ·---·--~ - -,----·r-r -1--,1---r····--· , -~"' I _ _I ~~~~~m~:t~ ~{=~R SPACES PER UNIT (210 UNITS • 420 SPACES). INClUOCS 7 HANDICAPPEO SPACES ANO 2 VAN ACCESSIIILE SPA(![, ANO UP TO 15 SURPLUS PARKING SP.ACES, 1 STORAGE SPA PER UNIT (210 SPACES)l iN 1-HR. ENCLOSURE . 1NQ.UD£S $TA11'S. MECHANiCAL. EI.ECTRICAL. PLUMBING. WATER PUMPS. SUMPS. ELEVATORS. ELEVATOR MACHINE ROOWS. nc. __ -- -_, -··-------------_J ~ I I I I _____ _ \ I I';' I : I- ,,., _______________ __,. . -\' --·-·, \ ' , -~-\-\.-· ....... _ ----\ \ \ \ PROPOSED UNDERGROUND PARKING PLAN SCALE : 1"• 50'-0" II • ,,, PARKING GARAGE LEGEND ,.... .... , ...... u 11111) OTY. TlllC NOTI 61 ITAICI-._, t ',11' (II IIIIIVATI GAIIAGII) II UfllTM. U PACCI/UNIT HT. • ( 2/IMT INN .) ,om ' -• ...-c-. 11111) OTY , TlllC NOTI ,,z ITAICI-... t ',11' 90' "(2 PAC:11/UNIT .-..). NOTI I 5 HC 11111, t ',11' 90' W/ I ' Alt.I, NOTI 2 ' VIM ACC<IIIIO.l -· t',11' to' W/ t ' Alt.I, NOTt 2 ,. MfflM. '!Om l-•11-(-UII 111 IIOIIIITI) OTY, TlllC IIOTt 421 ITAHOAIIO -t 'all' to• "(2 PA(:IS/\JNIT .. N.). NOTt I 1 HC Mllj, t ',11' to' W/ I ' Alt.I, NOTt 2 2 VIM 4CC(IIIIL.l .... t '1II' to' W/ t ' Alt.I, N0Tt 2 ... UfllTM. nlTALI 141 _.., AC& ,.,.MUL IMO AHCll.m 17 li'IIIVA Tl IIOWIO()Utl OMAOI •accs II ITAHQ-~,- IOI roe• I IMO 2 IIITAII. OMAGI P&ClS Ill roe• 1 IMO 2 IIDOtNTIAI. OMA« (IU PUO I) 4JI Toe• J AIC) 4 IIIIIO<NTIAI. OMAG( (IU PUO I) .. .. 'IVTM.11.-e II01II 1) SIIIUC!\11110 ,_IIIO -·00.S IAIIO ON T><C "OUC>C UNES rOR 'AIIKIIIG QCOlll"'1C1" IY TH( NATIONAi. OAIIIUNG ASSOCIATION (NPA) ilMI.. 2002 ~ "ANOIC-0 'Allt<ING IIIIOVIOCO rOR COl<IOOMINIUMS IN IICLOW AO( ,_IIIG GM&Ol e 12 ,0 IIOICINT 0/f TOTAL IICOUlll[O SPACES 1101 All(IIC-WITW O,SA81.J11U ACT AC«S9U1'Y QUIO[UICS (2002) ~ HANOIC-0 ·-IIIIO,.g(O r(JII ll[TAII, (ON SUllrACft e 7 AC[S rQII Z01 •JQO S,ACH 0(1' AM(IIICANS WIT>o DISAIIU S ACT ACaSIIIIUTY OUOO<UliCS (ZOOZ ) •) ll(TAll ,,..,uHG '1CUIICO I • l'AaS / 1,000 s.r . OIF COIIIIEIICIAL S,4C( (~1 ,,00 SF / 1000 • &1 .5 X 4 • 20I 51'AC[S MIN ) W Si 171P PtlHIA u, 10 (ZJ ) T-UIIITI IN U, TO (]) IUIU>INCS SHAU. 8C C0NST1'UCTt0 ON U, TO ()) STIIUCT\llllO , .. ,UNG G ... AGIS -AIIL Y lt:LOW OIIAOC. EACH ~ Slo&LI. "&',( ACClSS TO A llll!V&Tt Z OIi 3 CAIi GAIIACE WITHIN T><E U'IO(IIGIIOUOCI QAll&OIS WIT>< li'IIIV&l[ ACaSS TO EACH UNI T. VISITOR PARK ING IS ON TIC SU-,AC( IN '""ALIA ••as (9[[ l'U0-7) AU. GAIIAQCS SHALi. 8C s,IIN(l.(lllO IMO lllO<ANICAL.LY lolNTILATEO AT L0CATl0IIS TO I[ DCTERMINED . CPPMtNN ,ere .r 1.IAIT 2 •acct 'Ill UIIIT U, TO (211 X 2 • 5411 ) STANOAIIO PAIIKING S,ACES (INC UC)INC) A -0/f I 5 HANOOC-0 Sl'ACCS SHALL 8[ CONSTIIVCTtO IN AT Ll:AIT 2 lt..CLI OIF lNCI.OIED -AIIILY UNOOIGIIOUNO GAIIACES l1-4E OMACES IMALI. INCI.UOl ITAIII • [U\/ATOII COlltS, .. SC[LI.AH(OUS MCCHANICAL/ELECTIIICAI. I ~UlaNG PACts AS NlCDCO • ST0114CE COIIP""TMENTS (If AN Y • TO BC DCTt-CO • IUT NO MOIi( TWIM 1 PU UNIT) IN I HOUR UT[D CNCLOSURtS TW( CAll&Ol .. ALI. IC ~ll[l) 6 WlCHANICALL Y ~N11LA TtD AT LOCA TlONS TO IC 0£Tt-. MIM PtlDtG AT Ll:AST • S,A(:IS "'" 1,000 s.r (51 ,500 s.,. COMMERCIAL / 1000 • 51.5 X 4 • 2ot ••as) INCLUOtHO 7 HC PAIIKING SPACES SHAU. IC CONS1"UCTtO IN 1 Ll:..CL OIF l'IJU.Y U-NO ,Alll<ING ICLOW TOW[RS 6 ON THC SUllfACC . THE OMA« SHALi. IC rvu.v -UIICD .. MECHANICAL.LY ',(NT1l.ATEO AT LOCATIONS TON 0<1'1-0 IOPtA IR PMMttG U, TO 2t IIO.,OUK UNIT$ IN Ill' TO 5 8UILDHl$ SHAU. IC CONS1"UCTtD --·-Oll-[ACH I.INT SHAI.L HA',( 4 PIIIVAT[ 2 OR 3 CAR GARAGC WITH Ptl!VATt ACCCSS TO CACH PROPOSED ~G~KING PLAN PU0-8 ~ J J z -r-z 0 u l!5 ! X!~ {. 5 ;g Ii n I! ·1 I• .~ ·1 I. CONNECT ~ PC)(STIIIAN CIRCULATION TO UOS11NC S1D£WAU< PEOESTIIIAN CIRCULATION ATTACHED (I' WIDE WIN .) V) c ~ ~ < ~ I .... PEDESTRIAN~ CIRCULATION ATTACHED (&' WICE MIN .) I 1 · 1 1 I 10'-12' PEDESTRIAN POLE UOH T!: e RETAIL fRONTAG( (30'-10' o.c. SERVICE YARO PEDESTRIAN CROSSWALK HAROSCAPE PEDESTRIAN ZONE AT RETAIL ROWHOUSE a TOWNHOUSE EACH UNIT TO HA~ INOIVIOUAI. FRONT PORCH UCHT. TYP. PEOESTRIAN CROSSWALK n---..... -----t-+--+--+,,-~Li:1TI~ ATTACH[D OIi UNATTACH[O POSSIBLE PEDEST'IIIAN BR1DOE PEDESTR IAN ClltCULATION ATTACHED OR UNATTACHED ----1- +----T-PEDESTR1AN CIRCULATION UNATTACHED ('' WIOE MIN .) CARA ENTRY MAY VARY I L_ CONCRE'lt SLRROUNO e MAIL KIOSK CONNECT NEW CONCRETE SIO[WAU< TO EXISTING ==~------- PROPOSED PEDESTRIAN CIRCULATION PLAN N SCALE : ,._ ~o·-o· II • "' 11111D. 1. NUMIP ANO EXACT LOCA TI0N ANO Slzt OF MAIL KIOSl(S TO K DE'lt1'M!Nt0 F'OLLOWNG DtSCUSSIONS •TH US IIOITAI. SDIVICE 2. LOCATION OF [NT'IIY GATES MAY V/,IIY J, PEOallllAN UQHTINO ti RESIOEHTIAI. l,ll[AS TO K POL[ MOUNTED nxTUMS •TH METAL HAUi)[ (OIi EQUAi.) LAMPS •TH CUT-OFF SHIEUIS ON 8'-10' HICH POLES AT JO'-to' .ACING. 4. PEOEST'IIIAN UCHTINO ti M:TAIL MEAS TO I[ POL[ MOUNTED '1XTURES •TH METAL HALIDE (OR EQUAL) LAMPS •TH CUT-Off SHIELDS ON 10'-12' ._ POLES AT JD'-tO' SPAONG. ,. EACH CONDOMINIUM UNIT •TH A IALCONY TO HA~ AT LEAST ONE (1) INCANDESCENT OR F\.OUIIESCENT OECORATI~ UOHT. EACH TERRACE UNIT TO HA~ AT LEAST ONE (1) INCAINDESCENT OIi FlOURESCENT OECORATI~ UCHT AT EN'111Y ANO AT GROUND F\.OOII TERRACE . ALL AESIOENTIAL nx'IUll(S TO I[ SHIEI.Oll) TO .. _IZt INCIDENTAL UOHT ALONG NORTH ANO ll(ST PIIOPEIITY LtlES. I . ALL SERVICE UOHTS TO IE SHIELDED F'ROII Al).jAC[NT PROPERTIES. 7. AIRCRAFT WARNING LIGHTS TO CONFORM TO MIHIIIAL Fil RECULA TIONS. a. EACH GARAGE ENTRY TO HA~ SHIELDEO SERVICE LIGHT nxTURE. PU0-9 ~ :J :J z -I-z 0 u ~a 111.:i' ~-~8 Ii II I! •• I• .~ ·1 I. ............ ,., .... / e e / ' ti ' ~ , $ -ii / e su 0 / ~ ... ~ i ~ ~ I J ... ~ 2 I __________ J ----------r --SURFACE ALLEY .. ,,..... .... -~ ~--------------·-·-·-------·-··-::=-==--===-=--==-= -=--·---------. SOUTH UN~RSITY BOULEVARD ADJACENT ZONING R-2 ARAPAHOE COUNTY PROPO SED LANDSCAPE PLAN SCALE : 1 "• 50" -0" II • ,,, LANDSCAPE LEGEND <!) Pl.ANTU> IUmll ZQN[ <!) ENTRY ZONE ~ INT[R!OR LANOSCAPE <!:) HAROSCAPE AREA ~ PRIVA T[ • PU8UC TCRIIACCS CIR DECKS 0 RICMT DF WAY (ROW) LANOSCAPt ZONE i~ TRECS r-7?1 ZQN[ MAY CONTAIN TIIUS, SHIIUIIS, OIIOUNO ~ C0""'5. SOD , ANO SIO(WAIJCS (AT STRU:TS) ~ ZQN[ MAV CONTAIN TREE$, SHR\JIS, 500, ANNUALS, ~ PERENNIALS, FLOIIPS. GROUND C()ll[II, UCM11NC , AND SIC(WAU<S (AT STll[[TS) • SIGHACZ/IIDNUt,t[NT(SC[ PUD 11) 177'7,l ZONE MAY CONTAIN PEDCSTIIIAH WAL.KS, UCMTING, ~ SHRUBS, TRECS, SOO, OIIOUNO CO'JtllS , ANNUALS, FIIONT ENTR Y STOOPS, WATER FtATUIICS. MAIL KIOSKS !!+i+=m ZONE MAY CONTAIN FINISHED CONCll[T[, WOOD DECKING UGH11NG, tl;l;t;;lll TR[[$ IN CRA T[S, • OIi PI.ANTtllS STll[[T '1JIINITIJII[, WA T[II FtATIJll[S, POOL, HOT TUIS/SPAS. OIIASI, SHADE STIIUCTUIIU. PA\IIUONS. ~ ZONE MAY CONTAIN FlNISH[D CONCll(T[, PRIVAT[ ~ PI.ANTINGS IN CONTAIN[ll5, '1JIINITUIIC , SHl[U)[l) UGHTS ~ ZONE MAY CONTAIN SUWAU<S STIICET Tll[[S e 1/:,0'0C .SOD , ~ SHRU8S, MULCH. CROUND COi/ER , STIIE[T UCM TS TYPE SHRUBS ll[QUlll[O I PIIOIIIDCD. IIEQUIIICD I PIIOIIIDED. NUMll[ll tet l 1H aJO I 9H ll[QUIIED LANDSCAPE AMA: (IILA) (BASED ON MULTlFAM II.Y R[S1D[N11AL) RLA : 497,011 ST X -2~ • 124,25J S, MA)(I-NON Ulo1NG LANOSCAP£ AMA I 24.25J X (l&IC) • 4J ..... sr E)(IS11NG Tit([ CIICDITS • 0 NUMICII DF Tit([$ (IILA / 7~) • 124.2~3 / 7~ • 166 X 1.2°• 199 TIIEES NUla[R DF -.S (RLA / 7~) X & • let X & • 8:,0 X 1.2•• He ~S IIIIIGATION : ALI. IRtUCAllON TO II[ AUTOMAllC UNDERGROUND SYST[MS (DRIP•SPIIAY) e&-NfDNC NO]($· •. EXACT LOCA TlON DF PAIITICULAII PLANTINGS 'MLL II[ OCTCIIMINCD AS TH[ AIICHIT[CTUII[ IS FINAUZCD . HOIIE\1[11, OCI/ELOPEII SHALL COMMIT TO EXCCED THC PLAN11NG R[QUIICD P£II [NQ.WOCX) LANDSCAPE OROINAHCE NUMICIIS IY 20ll IN EACH CATEGORY. [XACT LOCATIQj DF PLANTS NOT OCTCIIUINCD. PLAHS SHOW PREUMINAIIY CONCCPT DF TYPES . Pl.ANTS MAY 8[ PLACED ANYPLACE WITHIN 90UIC>AIIY DF PIIOPEIITY. PROHIBITED 111[[5' eox El.OCR, COTTON WOOD (FEMALC), SIIIPIIAH WI LANDSCAPE PLANT!NGS • IRR1CA11Qj Pl.ANS TO BC SUIIIIITTCO AS PAR T OF IUILOINC PERMIT APPUCATIQjS FOR EACH CONSTRUCTION PHASE . COMMON AREAS TO HAI/E PHASED PLANTING PLAHS . NO ENCLOSURE OF PRIVA Tt TERRACES PERMITT[D. LANDSCAPE AIICAS TYP£ AREA PLAN TCII IUfPtll ZON[ 0 J0."2 s.r . ENTR Y ZONE <v 10,"4 S.F. "'TERICIR LANDSCAI'£ (J) ~7.878 S.F. HAJIOSCAP( AREA < •> 31.287 S.F. PlliVATt TtlltlACES <?; 9,421 S.F. IIOW LANDSCAPE © e,2:,0 s .r . TOTAL LAHDSCAP( ARCA 146 .037 S.F. NO T[S MAX. All[A ..,, .... s.r . &Oil MAX. -.iCAll.l PROPOSED LANDSCAPE PLAN OOMII IIIMMY ~ J J z -I-z 0 u a~ IQ~ !i ii Ii I! •• I• .~ ·1 Ii -· ' ' I S1GNAGE/EN11IY , WAU./LOCATION I SHALL COMPL y I WITH CITY Silt TRIANGLE , REQUIREMENTS ' I l S1GNAOC/EN11IY WALL LOCA T10N ::=============>• SHAU. COMPLY WTH OTY SI TE _'!£!l.l_2}~-W --e-------------------_ __ __ ------___ -------TfttAtG.E RCQIJ-M[NTS. ____ -----________ ---_ ---__ SOUTH UNIVE:R SITY BOUL FYA RD NOTES: ALL SIGNS TO MEET OTY Of ENGLEWOOD SICN COOE PROPO SED SIG NA GE/FEN CIN G PLAN SC ALE : 1"•50'-0" II • "' F'ENCING L£Q[NO NO T'IPE LOCATION NOTES [j] UP TO 10' MINIMUM MASONIIY ON™£ WEST NOTE 5. S0UN0/P1'1VACY WALL PROPElltTY LINE ill UP TO 1 O' MINIIIJM MASONRY ON 1HE NOR1H NOTE 8. S0UN0/Pf11VACY WALL PROP£RTY LINE m 2' -1 O' MASONRY WALL ANO OR AT PROJECT ENTRIES WALLS AT ENTRIES TO VAII.Y IN HDGHT FOIi EN111Y MONUMENT SIGNAGE , LANOSCAPING , AIID lllSUNlW. UHIT PRIVACY, NOTE : ENTRY WALi< LOCATIONS TO COMPLY WllH OTY SITE TRIANGLE REQUIREMENTS SICNAQ[ L£GEND NO TYPE LOCATION CONTENT EST. f NOTE CD WALL/GROUNO UNl'IERSITY COMMUN ITY !OtNTITY 1 ANO HAIIPOEN ® WALL OR GROUND B01H SIDE Of PROJECT IDENTITY 4 ENTRY Df'IVES IDENTITY-LOGO @ WAU. S1GN/9LAOE SIGN/ BUILDING MOUNTED MAJOR TENANT CANOPY SIGN/ AWNINGS IDENTITY-LOGO © WALL SIGN/9LAOE SIGN/ BU ILDING MOUNTED SECONOAII.Y TENANT CANOPY SIGN/ AWNINGS IDENTITY-LOGO @ WINDOW SIGN/LETTER ING IN RETAIL WINDOWS AOOll£SS[5-HQUll5 1ST AND 2ND FLOOR Of OPERA T10N © WALL SIGN/HANGING SIGN RETAIL, GARAGE .. RESID£NT1AL PARKING INFO, 1/ENTRY BUILDING FACADES HEIGHT UIIITATIONS CD WAU. SIGN RESIDENTIAL BUII.OING BUILDING NO . .. 2/11,DG . FACAOES AOOM:SSES @ WAU./GROUNO MOUNTED SITE ENTRIES WAY FINDING 2 MAP/SIGN ENTRY GATES ® TEMPORARY SIGNS BUILDING PROXIM ITY IOENT!f1CATION NOTES: 1. AU. RETAIL SIGNS SHAU. BE IN CONFORMANCE WITH 1HE SIGN SEC TI ON Of 1HE COIIIIERCIAL DISTRICT STANDARDS Of THE ENGLEWOOD MUNICIPAL COO£. AS AMENDED . 2, ALL SIGNS SHALL CONFORM TO THE MAXIMUM SIZ£/AREA. HEIGHT ANO NUMIIE N LIMITATIONS SE T FORTH IN TH E ENGLEWOOD MUNI CI PAL SIGN CODE . AS AIIENO(O , 3. NUMBER Of SIGNS Of A PAR TICUL AR TYPE , WH ERE USTEO, IS AN ESTIMATE ON LY. EXACT NUIIIEII TO 11£ DETERMINED '41HE N SIGNAGE PLANS ANO SP£C1F1 CA TIONS ARE COIIPL£TEO, BUT NOT TO EIICUO , •. PROHIBITED SIGNS : BILI.BOAIIOS , POR TABLE SIGNS , WH([L£D AO'IERTISING SIGNS. IAU.OONS, AIIIMATEO .. FLASHING .. BLINKING SIGNS, ROOf SIGNS , MURALS . 5. NEW WES T WALL: ALONG 1HE WEST PROPER TY LI NE , DE'IE LOPER SHALL CONSTRUCT (lHE "NEW WEST WALL") A 10'-0" HIQ4 NOVA SOUND WALL (INCLUDING INTERIOR SOUND ABSORPTION MA TEAIAL), IIUII. T ON P[RMAN[NT 11£LOW f'IIOS T UN[ CONCIIETE FOUNOA TI ONS PER NO VA SOUND WALL SP£CW1CA TIONS WTH COLOR , TEXlVII[ ANO DESIGN F'EA TU RES ON THE WESTERN -FACIN G r AC ADE Of' 1HE WALL (INCLUDING P1U.AIIS ) TO 11A ~ 1'HC O(SIGN AHO CONSTRUCTI ON SPE CIFI CA TI ONS (EXCEP T HEIGH T) AHO APPURAHC( Of' '114[ Pll[S[N1U EXISTING NO VA SOUND WAU. CURRENTLY EXISTING ALONG THE SOUTHCRI. Y POII TION Of TH[ 11:ST 2. 3 2. 3 1, 2 1, 2 1, 2 2. 3 2, 3 2, 3 2 PROP£RTY LI NE . THE NEW IIEST WALL SHA U. HAVE STONE CAPS Of A WARM GRAY TONE . H[IGHT Of' THE NEW WEST WALL SH ALL BE DETERMINED AT THE GRADE IMMEDIATELY AOJAC[NT TO THE WESTERLY EOG[ Of' THE NEW WCST WALL ANO SUCH HEI GHT AS SO OETERM4NEO SHALL K NO T L£SS THAN 10'-0" .. MAY EXCE[O 10'-0" WI TH PERMISSION Of' KEN T VILLAGE ASSOCIATION . e. NEW NORlH WALi.: SIMIL AR TO THE NE W WE ST WA LL WI TH HOGHT TO BE DETERMINED BY THE OEVELOP£R AFTER CONSU1.TA1ION WI TH THE PROPER TY OWN ER S TO THE NORTH Of THE NOR THE RL Y PROP[R TY UNE SHALL IE IUII. T Al.ONG THE NOIHH(Rl Y PRO,CRTY UN[ (TH E "NE W NOR TH WAL L"). 7. CONSTRUCTION SCl*:OULf FOR NE W WE ST .. NEW NOIITH WAJLL THE NE W WC ST WALL IN<:LUOING THE WESTERN-F ACING r ACAOC AN D THE STONE C"" (IU1 NO T INCLUDING THE EASTERN-FACING FACAOC ) ANO TH[ NEW NORTH WALL INCLUDING THE NORTHERLY-FACING FACADE AND THE STONE C"" (BUT NOT INCLUDING THE SOUTHERLY-FACING FACADE ) SHALL IE COMPLCTCO PR~ TO OEVELOl'[R COMll[NCI NG OE'IE LOPMCN T ON TH[ R[MAIHO[ll Of TH[ PROP£R TY, [XC(,T FOIi SUCH W()llt( AHO GRAD ING AS NECESSAR Y TO CONS TRUC T lHE NEW WCS T WALL OR THE NEW NOR TH WA U. OR AS OTHERWSE AGRE ED I Y KENT VILLAGE ASSOCI ATION WTH RESPECT TO THE NEW Wl:ST WALL OR TH[ HAMPDEN HILLS AIICHITECT\JR AL COMM ITTE E WllH ~SPECT TO THE NEW NOIITH WALL ~ :J :J z -I-z 0 u ~i Kl~ {. 58 II I! ·1 I• .~ · 1 Ii RESOLUTION NO. SERIES OF 2007 A RESOLUTION APPROVING THE RE-APPROPRIATION AND SUPPLEMENT AL APPROPRIATION TO THE 2007 BUDGET TO COMPLY WITH CITY CHARTER REQUIREMENTS. WHEREAS, the City Council of the City of Englewood, Colorado has made "A City that provides and maintains quality infrastructure" an important outcome in the 2006 and 2007 Budgets; and WHEREAS, re-appropriation and a Supplemental appropriation to the 2007 Budget for the Conservation Trust and Open Space Fund capital projects is necessary to balance the 2007 Budget; and WHEREAS, the City of Englewood is required by City Charter to ensure that expenditures do not exceed legally adopted appropriations . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Section 1. The 2007 Budget for the City of Englewood, Colorado, is hereby amended for the year ending 2007, as follows : CONSERVATION TRUST FUND: Source of Funds: Fund Balance Little Dry Creek Fiber Dam Project Total Use of Funds: Pirates Cove Filter Addition OPEN SPACE FUND: Source of Funds: Fund Balance Park Shelter Renovations (To Cushing Park Bridge) Total Use of Funds: Open Space Land Bank Big Dry Creek Trail Extension Sinclair School In-Line Hockey Cushing Park Bridge Playground Additions/Renovations Dartmouth Bridge Match nglewood Trailhead Grant Funds ng lewood Trailhead Match Fund $ 40,000 $110,000 $150,000 $150 ,000 $749,346 $ 5.000 $754,346 $100,000 $ 50 ,000 $262 ,146 $ 5,000 $ 5,355 $ 40 ,000 $101 ,492 S 20 ,3 5 Mary Carter Greenway/Buffer Grant Funds Mary Carter Greenway/Buffer Match Funds Total SUPPLEMENTAL APPROPRIATION: OPEN SPACE FUND: Source of Funds : Fund Balance Use of Funds: Mary Carter Greenway/Buffer Match Funds Dartmouth Bridge Match Funds Total $114,229 $ 55.766 $754,346 $252,000 $125,000 $127.000 $252,000 Section 2 . The City Manager and the Director of Finance and Administrative Services are hereby authorized to make the above changes to the 2007 Budget for the City of Englewood. ADOPTED AND APPROVED this 20th of February, 2007 . ATTEST: Olga Wolosyn, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis , City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. __ , Series of 2007 . Loucrishia A. Ellis, City Clerk COUNCIL COMMUNICATION Date: Agenda Item: Subject: February 20, 2007 11 Ci Re-Appropriation and Supplemental Appropriation to the 2007 Budget for the Conservation Trust and Open Space Funds Initiated By: Staff Source: Finance and Administrative Services Department Frank Gryglewicz, Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council has not discussed this specific topic, but Council has made "A City that provides and maintains quality infrastructure" an important outcome in the 2006 and 2007 Budgets. RECOMMENDED ACTION Staff recommends Council approve the attached Resolution for a Re-Appropriation and a Supplemental Appropriation to the 2007 Budget for Conservation Trust and Open Space Fund capital projects. CONSERVATION TRUST FUND: SOURCE OF FUNDS: Fund Balance Little Dry Creek Fiber Dam Project Total USE OF FUNDS: Pirates Cove Filter Addition OPEN SPACE FUND: SOURCE OF FUNDS : Fund Balance Park Shelter Renovations (To Cushing Park Bridge) Total USE OF FUNDS: Open Space Land Bank Big Dry Creek Trail Extension Sinclair School In-Line Hockey Cushing Park Bridge Playground Additions/Renovations Dartmouth Bridge Match Englewood Trailhead Grant Funds Engl wood Trailhead Match Funds Mary Cart r Greenway/Buffer Grant Funds Mary Carter Greenway/Buffer Match Funds Total $40,000 $110,000 $150,000 $1 50,000 $749,346 $5,000 $754,346 $100,000 $50,000 $262,146 $5,000 $5,355 $40,000 $101,492 $20,358 $114,229 $55,766 $754,346 SUPPLEMENTAL APPROPRIATION OPEN SPACE FUND: SOURCE OF FUNDS: Fund Balance USE OF FUNDS: Mary Carter Greenway/Buffer Match Funds Dartmouth Bridge Match Funds Total FINANCIAL IMPACT $252,000 $125,000 $127,000 $252,000 This action will reduce the Conservation Trust and Open Space Funds fund balances by $40,000 and $1,001,346, respectively. LIST OF ATTACHMENTS Proposed Resolution RESOLUTION NO. SERIES OF 2007 A RESOLUTION APPROVING THE ADVANCE OF FUNDS IN THE 2007 BUDGET. JI ti i WHEREAS, the City of Englewood is required by City Charter to ensure that expenditures are not made without proper appropriation by City Council ; and WHEREAS, the City Council approved the 2007 Budget and Appropriation Ordinances on November 6, 2007; and WHEREAS, Englewood McLellan Reservoir Foundation (EMRF) is grading and moving dirt to improve the marketability of the McLellan Reservoir site for development; and WHEREAS, the dirt being removed from the site will be used for the Golf Course Project; and WHEREAS, Douglas County is requiring the EMRF to deposit funds if damage is caused during "dirt work" on the McLellan Reservoir site; and WHEREAS, upon completion of the work it is anticipated that the funds will be returned to the City of Englewood; and WHEREAS, the Englewood McLellan Reservoir Foundation Board has approved this action; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The City Council of the City of Englewood, Colorado, hereby approves the following transfers and appropriations: CITY OF ENGLEWOOD GENERAL FUND: Source of Funds: Unrestricted Net Assets $50,000 Use of Funds: Advance to Englewood McLellan Reservoir Foundation $50,000 ENGLEWOOD McLellan RESERVOIR FOUNDATION : Source of Funds: Advance from City of Englewood General Fund $50,000 Use of Fund : Profes ional Service ontract with E-21 Engineering $50,000 1 Section 2. The City Manager and the Director of Finance and Administrative Services are hereby authorized to make the above changes to the budget. ADOPTED AND APPROVED this 20th of February, 2007. ATTEST: Olga Wolosyn, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. ___, Series of 2007. Loucrishia A. Ellis, City Clerk 2 0 ,.. COUNCIL COMMUNICATION Date: Agenda Item: Subject: February 20, 2007 11 C ii Advance from the General Fund to the Englewood Mclellan Reservoir Foundation (EMRF) Initiated By: Staff Source: Finance and Administrative Services Department Frank Gryglewicz, Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council has discussed the activities of the EMRF on many occasions. Council has visited the Mclellan Reservoir site to view first hand development opportunities. RECOMMENDED ACTION Staff recommends Council approve the attached Resolution loaning funds from the General Fund to the EMRF. Douglas County is requiring the EMRF to deposit these funds if damage is caused during "dirt work" on the property. Grading and moving dirt will improve the marketability of the property and provide dirt for the Golf Course Project. It is anticipated that the funds will be returned to the General Fund at the completion of the work. The EMRF has documented the road conditions prior to beginning the project to resolve any dispute regarding damage done during the project. The EMRF Board has approved this action. CITY OF ENGLEWOOD GENERAL FUND: SOURCE OF FUNDS: Unrestricted/Undesignated Fund Balance USE OF FUNDS: Advance to Englewood Mclellan Reservo ir Foundation ENGLEWOOD MCLELLAN RESERVOIR FOUNDATION SOU RCE OF FUNDS: Advance from City of Englewood General Fund USE OF FUNDS: Professional Service Contract with E-21 Engineering (Deposi t with Douglas County) FINANCIAL IMPACT $50,000 $50,000 $50,000 $50,000 Thi R solution h m unt of fund no impact on the City's financial position, but will temporarily reduce the ail bl to the General Fund by $50,000. LIST OF ATTACHMENTS Resolution