HomeMy WebLinkAbout2007-03-05 (Regular) Meeting Agenda PacketJ
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AGENDA FOR THE
REGULAR MEETING OF
THE ENGLEWOOD CllY COUNCIL
Monday, March 5, 2007
7:30 p.m.
Englewood Civic Center -Council Chambers
1000 E1 ~lewood Parkway
Englewood, CO 80110
Call to order. '7:~
Invocation. ~
Pledge of Allegiance.
a. Boy Scout Troop #199 Color Guard will present the Colors and lead the Pledge of
· Allegiance.
4. Roll Call. fJJ) 1 ~
5. Consideration of Minutes of Previous Session.
~ 7-{) a. Minutes from the Regular City Council meeting of February 20, 2007. ~
6. Re cog nition of Scheduled Public Comment. (Please limit your presentation to ten minutes.)
a. Recognition of the 2007 Metropolitan Mayors and Commissioners Yo uth Award
Nominees. ·
• Josh Allen, a student at Humanex Academy.
• Edlin Barraza, a student at Colorado's Finest Alternative High School.
• Nick Brockman, a student at Humanex Academy.
• Rory Carroll, a student at Colorado's Finest Alternative High School.
• Julie Crihfield, a student at Colorado's Finest Alternative High School.
• Cayla Croy, a student at Colorado's Finest Alternative High School.
• Thomas Fleharty, a student at Englewood High School.
• Meagen Fraker, a student at Colorado's Finest Alternative High School.
• Mary Fresquez, a student at Colorado's Finest Alternative High School.
• Aline Himmelrick, a student at Englewood High School.
• Ashley Holmquist, a student at Colorado's Finest Alternative High School.
• Melanie Hunter, a student at Colorado's Finest Alternative High School.
Englewood City Council Agenda
March 5, 2007
Page 2
7.
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9.
• Andrew Ibbo tson, a student at Colorado's Finest Alternative High Sch ool.
• Jesse lnkeles, a student at Humanex Academy.
• Kathryn Karschnik, a student at Humanex Academy.
• Jes sica Kimbrough, a student at Colorado's Finest Altern ati ve High Sc hool.
• Al an Lorditch, a student at Humanex Academy.
• James Mihalko, a student at Humanex A c ademy.
• Andrika Nelson, a student at Hum anex A ca demy.
• Ian Nixo n, a student at C olorad o's Finest Alternative High Sch ool.
• Linds ey Ols o n, a student at Colorado's Fin es t Alternative High School.
• Tiffany Risher, a student at Colorado's Finest Alternative High School.
• Josh Roman, a student at Colorado's Finest Alternative High School.
• Eva Schmidt, a student at Colorado's Finest Alternative High School.
• Brian Spooner, a student at Humanex Academy.
• Daniel Terry, a student at Humanex Academy.
• Paige Trygstad, a student at Col o rado's Finest Alternative High Sc ho o l.
• Robert White, a student at C o lo rado's Finest Alternative High School.
Reco gniti o n of Unsc hed ul ed Publi c Comment. (Pl ease limit your presentation to five minutes.
Time for un sc h ed ul ed public com m ent may be limited to 45 minutes a nd if limited shall be
d. lf,PliAllf:. ~A-~WR.IJ -~ /:a!..~'JA.,IUff ~ ~c.11.£. R.1:-11/tw lr»I..JJ co ntini1 d fB q~neral Discussion.) k-h"""
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Consent Agenda Items.
a. Approval of Ordin ances on First Reading.
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'l-0 ~~nSecondR~~MFA/t>lr. q1r1·~vii !ljJpd i. Council Bill No. 9, ~e International Building Co de 2006 to es tab lish /f2i., ~ / D minimum requirements to safeguard the public health, safety and general welfare.
ii.
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ouncil Bill No. 10, adopting the National Electrical Code 2005 and the
Internati o nal Code Council Electrical Code Administrative Provisions 2006 to
es t.1blish minimum requir e ments to safeguard th e public health, safety and general
w lfare.
o un ii Bill No. 11, adopting th e International Fuel Gas Code 2(H)6 to c•s talili sh
n1inimum requirements to safeguard the public health, saf ty and gener.11 ,wlbrP.
Council Bill No. 12, adopting th e International Mechanical Code 2 006 to es t,1l>li ~h
minimum requirem nts to safeguard the public health, saf ty and general w ~lfar P.
ll'wood
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Englewood City Council Agenda
March 5, 2007
Page 3
ouJ/1'/ v .
~jt/Svi.
Council Bill No. 13, adopting the International Plumbing Code 2006 to establish
minimum requirements to safeguard the public health, safety and general welfare .
Council Bill No. 14, adopting the International Residential Code 2006 to establish
minimum requirements to safeguard the public health, safety and general welfare .
vii. Council Bill No. 15 , adopting the International Fire Code 2006 to establish
minimum requirements to safeguard the public health, safety and general welfare .
c. Resolutions and Motions.
10. No Public Hearing.
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11 . Ordinances, Resolutions and Motions.
a. Approval of Ordinances on First Reading.
i. Council Bill No. 17 -Recommendation from the Public Works Department to
adopt a Bill for an Ordinance accepting the dedication of a 5-foot by 5-foot
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a,?rl'l-0 triangular "Transportation/Utility Easement " adjacent to South Clarkson Street and .a_ .. _
East Dartmouth A v enue. STAFF SOURCE: Rick Kahm, Director of Public Work't;:/1J141Ut)
b .
C.
Appr~Ordinances on Second Reading .
Resolutions and Motions.
Recommendation from the Water and Se w er Board to adopt a Resolution to
appropriate payment of funds for the "South Platte Water Related Acti v ities
Pro gram ". STAFF SOURCE: Stewart H. Fonda, Director of Utilities.~
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Recomme nd ation from th e Park s and Rec rea ti o n D epartm ent to approve, by
Motion1 a contract for the purchase and installation of an In-l ine Hockey Rink at
Sinclair Middle School. Staff recommends awarding the contract to the lowest
acceptable bidder, Churchich Recreation, LLC. of Boulder in the amount of
$63 ,5 00. STAFF SOURCE: Jerrell Bla ck, Director of Park s a nd Recreation , and
G ary Hultberg, Recreation Services Manager~
iii .
Plt>a f' n
Recommendation from the Parks and Recreation Department to approve, by
Motion, the construction of the Sinclair lnline Hockey and Basketball Court. Staff
~mends awarding the contract to the lowest acceptable bidder, L.E. Renn er
Sportc; Surfaces of Denver in the amount of $225,756 . STAFF SOURCE: Jerr ell
Bl ac k, Dir~<:Jo r o~ Parks a n~ Rec rea t io n, and Gary Hultber g, Recreati o n Services
M anage r.~
Engl ewood City Co un ci l Agend;i
Marc h 5, 2007
Page 4
12 . General Discus si o n.
a. Mayor's Choice.
b. Council M embers ' Choice.
13. City Manager's Repo rt.
14. City Attorney's Report.
15. Adjournment. 'iJ;j~ ~
The following minutes were tran smitted to City C o un c il in Feb ru ary 2007 :
• Alliance for Commerce in Englewood minutes of September 28 and October 12, 2006, and
January 11 , 2007.
• Soard of Adjustm ent an d Appeals minutes of November 8, 2006.
• Br oadway Improve m ent District minutes o f November 29, 2006.
• Code Enforcem ent Ad visory Committee minutes of September 20 and November 15, 2006.
• Cultural Arts Commission minutes of D ece mbe r 6, 2006 and Janu ary 3, 200 7.
• Election Commission minutes o f D ece mber 14, 2006, and Janu ary 24, 2007.
• Firefighters' Pension Board minutes o f Au gust 10, 2006.
• Liquor Li ce nsing Authority minutes of Janu ary 3, 2007.
• Parks and Recrea tion Commission minutes of November 9, 2006, and January 11 , 2007.
• Pl anning and Zon ing Commission minutes of January 23, 2007.
• Po li ce Officers' Pen sion Board minutes of August 10, 2006 .
• Public Library Board minutes of January 9, 2007.
• Tran sportation Advisory Committee minutes of December 14, 2006, and January 11 , 2007.
• Urb.:i n Renew al Authority minut es of Nove mber 8, 2006.
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PUBLIC COMMENT ROSTER
AGENDA ITEM 7
UNSCHEDULED PUBLIC COMMENT
DATE: MARCH 5, 2007
PLEASE LIMIT YOUR PRESENTATION TO FIVE MINUTES
PLEASE PRINT
NAME ADDRESS
1. Call to Order
ENGLEWOOD CITY COUNCIL
ENGLEWOOD, ARAPAHOE COUNTY, COLORADO
Regular Session
February 20, 2007
..
The regular meeting of the Englewood City Council was called to order by Mayor Wolosyn at 7:38 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:
A quorum was present .
Also present:
Council Members Tomasso, Moore, Barrentine , Oakley, Mccaslin,
Woodward, Wolosyn
None
City Manager Sears
City Attorney Brotzman
Deputy City Manager Flaherty
City Clerk Ellis
Deputy City Clerk Bush
Director Olson, Safety Services
Director Gryglewicz, Finance and Administrative Services
Director Simpson , Community Development
Director Black , Parks and Recreation
Chief Building Official Smith, Safety Services
Fire Marshal Greene , Safety Services
Sen ior Planner Langon , Comm u n ity Developm ent
Police C ommander Watson, Safety Services
Fire Division Chief Pattarozzi, Safety Services
5. Consideration of M inutes of Prev ious Sess ion
(a) COUNCIL MEMBER TOMASSO MOVED , AND IT WAS SECONDED , TO APPROVE THE
MINUTES , AS AMENDED, OF THE REGULAR CITY COUNCIL MEETING OF FEBRUARY 5, 2007 .
Mayor Wolosyn asked if there was any discussion .
Council Member Barrentine said I would like to amend the vote on the previous minutes . By the time I had
caught it, I wasn 't able to get your attention to change it and didn 't want to take the time then . So , my vote
should have been an abstention .
Vote resul t s:
Ayes : Council Members Barrentine , Mccaslin , Moore , Wolosyn , Woodward ,
Tomasso , Oakley
Englewood City Council
February 20, 2007
Page 2
Nays : None
Motion carried and the minutes were approved as amended .
6 . Recognition of Scheduled Public Comment
(a) Jennifer McKee, an Englewood resident , said first of all, thank you for your efforts to help us
keep Duncan Park a park . I am presenting on behalf of the community . And, if you don't mind, I would like to
ask the folks who came here tonight , because of Duncan Park, to briefly stand and be recognized . Do you all
mind? There was a round of applause . Thank you. I appreciate that so much . Mayor Wolosyn said I second
the thank you. Ms . McKee said as you can see, there are many of us who are concerned about this topic . And
we continue to grow this grassroots effort and ask that you please contact us whenever the subject might come
up. And I'm wondering if the City would be willing to notify us through our Duncan Park email address, on any
future discussions or decisions that might occur ... meetings . Our website is :
http ://duncanparkneighborhood .home .att.net/. We're also going to have a letter to the editor in the March 2"d
issue of the Englewood Herald, and anyone interested in signing this letter is asked to contact me or one of the
other people on the website . Council , we know you are working on our behalf and we really appreciate your
efforts . I'd like to urge you to not be dissuaded at any point. Don't consider for a moment that this issue is not
relevant, that this park does not make a difference . That this it isn't worth the effort and energy and resources to
work toward . That we as a community don't care or are disinterested . Based on the September 2006 draft of
the Parks and Recreation Master Plan, we know that the City is as concerned as we citizens about the future of
all of Englewood's parks and open space . For generations, our town has realized the value to the community
that they offer . Back in the 50's, when Cinderella City was built on Englewood's only City park, Englewood used
federal grants from the sale to increase open space to nearly 124 acres of park land, which was spread
throughout the community . Neighborhood parks were built or identified in every section of the City , so all
Englewood residents would have a park nearby. Today's Master Plan says, and I quote, as Englewood
continues to transition and evolve as a premier suburb of the greater Denver Metropolitan area , so will the parks
and recreation needs of the City . Quality parks create opportunities to develop and enhance the community,
add to civic pride and provide positive opportunities for use of leisure time . Parks serve all citizens regardless of
demographics or diversity. Parks also provide for business, tourism, the arts. Additionally, parks reflect local
culture , heritage and values . The plan also says that ideally each citizen should be within one -half mile of a
neighborhood park and one and one-half miles of a community park . That said ... if Duncan Park is not acquired
by the City , and is instead developed for private use , whether a private school takes ownership and puts a fence
around it , or a developer turns it into one or eighteen houses , we in District 3 will have no neighborhood park .
We , who make up 20 % of the Englewood population. Using Duncan Park as a starting point , the closest park is
Bellev iew Park . At its nearest boundary, the distance is 1.1 mile . Progress Park is 1.2 and Cornerstone Pa rk is
1.4 . The nearest neighborhood park is Rotolo Park ... l'm not sure if I'm saying that correctly ... that's one and a
half mil es away . J ason Park is another ne ighbor hood park , wh ich is 1.8 miles away . In this world , where eleven
year old bo ys are easily ab ducted , no mother cons iders se nd ing her child , on its own , to a par k over a mile away
to play. Earlier I quoted the Parks and Recreati o n Mas ter Plan , which talked about how par ks serve all citizens .
Duncan Park encompasses that statement. Lose the park and you lose a natural commons that helps draw the
ne ighborhood, the community, together . You lose a place where a mom can take her to ddler. Where
elementary school k ids can hook up for a pick up game of soccer , football or a simple game of tag . Where
teams can play a few games of basketball before starting in on homework . W here famili e s can ga ther for
picnics . Where dog ow ners can bring their pets for some off-leas h fun . W here cou ples ca n go fo r an evening
stroll . Where a senior neighbo r can grow a corner of lovely flo wers . During the unscheduled presen tation
port ion of tonight's meeting, I know that there will be others who come up and share their ow n stories about
wh a t Du ncan Park means to them . For my family , who has lived there for 16 years , we selected the house , in
great part, bec ause of it's proxim ity to the park . My six year old son can spend the better portion of eve ry
afternoon playing there , if I let him . We have a large backyard , but we prefer to pract ic e soccer in the park . He
brings his remo te con trol truck, to zip around the B-ball court. He climbs the smaller fruit trees , uh -oh , near the
playground And we play p ira tes on the high seas using the equipment as our ships . My test imonial is not
unique We received several emails through our web site, and I'm sure some of those folks will get up on their
own , nd share them , but I do want to read one that's from the Stoddard fam il y . And Ro chelle Stoddard wrote
"w ithout neighborhood park , we won 't have neighborhood children . We are a family of five that has lived in
th1 n 1ghborhood for 21 years . Our thre children grew up thriv in g in the open space that is Dun can Park .
Englewood City Council
February 20, 2007
Page 3
They gathered with friends, family and neighbors for basketball, softball , hide-n-seek, frisbee, football and
lacrosse . Since the City of Englewood cannot expand any further , we need to preserve and protect our open
spaces for public enjoyment. Our preservation efforts will not go unnoticed and families who have a
commitment to raising well rounded children will appreciate all of the amenities Englewood has to offer. This is
also a wonderful opportunity for us to publicize that down-home feeling we enjoy and wish to preserve in our
small City. You have all five of our resounding votes for Duncan Park" ... that was the Stoddard family . Duncan
Park is at risk today, but there are other parks the school owns, which the City maintains and the public can use
that also may be at risk in the near future . Barde Park, Hosanna Athletic Complex, the athletic field at Clayton .
When Englewood is land-locked and has very limited resources for future parks and open space lands ... when
we are competing, as a town, for new families to move in ... when Littleton can offer more park land per person
than Englewood , and by the way, these statistics look at the overall area of a city and then how much park and
open space land is then available within that area . Englewood has 2 .93% and Littleton has more than 17%.
Tough business . We can't afford to become complacent about this issue . Now it's doubtful that some former
Englewood resident, with the riches of a Dale Carnegie or Donald Trump, will come to our town and buy up four
contiguous acres of land to donate as a new park in District 3 or anywhere else in our town . Again, I'd like to
quote from the Parks and Recreation Master Plan: neighborhood parks are the backbone of the Englewood
Parks system, critical elements of healthy neighborhoods, places to provide relief from the built environment.
They're spaces where neighbors can gather, children can play, and people can watch other people as well as
engage in recreational activities . How backward would it be of our City if we , as its citizens , didn't do everything
in our power to ensure Duncan Park remains a park? We will never have this opportunity again . Please don't
fail our community in this effort. There was applause .
(b)
present.
John Holster was scheduled to address City Council regarding Headed West. He was not
7 . Recognition of Unscheduled Public Comment
a) Cynthia Searfoss , an Englewood resident, sa id I'm here tonight to say thank you . I had a dog
control incident yesterday and I did not expect Englewood to have anybody on duty, on President's Day. And
there was a cute, little, itty-bitty white dog running around Clarkson and Dartmouth for an hour and nobody did
anything about it. I thought it was a neighbor's dog . I called Code Enforcement and Carolyn Faseruk was there
in ten minutes . And it took that poor woman over an hour to catch th is dog , because it could climb fences, and
open doors ... and it gave three of us hell for over an hour. And she was very patient and willing to get the
amateur idiots , like myself, out of the way, to catch this poor little dog and save its life . And I really , really
appreciate that and I know you didn 't expect to hear that from me. On the other hand, I really do th ink, as you
guys know, that Englewood is a ve ry generous commun ity and that we 're work ing together to build a future for
ourselves , where we can be comfortable in ou r own env ironment. And I really strongly believe that having parks
like Duncan Park is vital. Even though guys, this isn't my neighborhood. I didn't even know that Duncan Pa rk
existed until I started handing out flyers for the dog issue. So thank you very much . I love your park . There
was applause .
b) Dianna Gingher, an Englewood resident, said I have lived in Englewood for 16 years . It's a
lovely neighborhood . My son has grown up there , graduated from Englewood High . I watched him play on the
basketball courts ... him and all of his friends . And I walk my dogs . And I visit with my neighbors . And I watch
the young people still play on the basketball courts . We need the open space . It is good for our community. So
please do all that you can to help us keep our park . Thank you . There was applause .
c) Keith Hoos , an Englewood resident, said just a few comments on Duncan Park . Keep the park .
There are lots of soccer games going on .. .football games ... pick up games ... and other recreational uses. The
preschool program over there seems to be doing well. And the park is in the district... you'd have to travel a long
ways, like they said earlier, to Belleview or Jason Park . The park serves as an outlet for youth, family ... it keeps
the neighborhood crime down . If it is developed into, say, apartment units or duplexes, that could be where the
crime rates go up . If you keep the crime rates down , according to th UCR Criminal behaviors, it keeps the
ne1gllborhood safe . And I believe that will keep the taxes low , nd ke p the neighbors steady , where people
Englewood City Council
February 20, 2007
Page 4
aren't moving and going all of the time . I've lived in the neighborhood since 1969 and the park has served us
well. And that's what I have to say and thank you . There was applause .
d) Jared Greeno, an Englewood resident , said like everyone else, this park is an important part of
my neighborhood . I realize also, because Englewood is a land-locked City, it means that looking at this as
being newly developable land, I guess kind of makes it ripe for the plucking . We're not Highlands Ranch . We're
not Parker . We don't have any place to grow into to improve our financial standing . And I recognize that it's
hard to not look at that in making this decision, but I think ... and I speak for myself ... I've only lived here for a
short time . I've only lived here for six years and change . I don't think that people move here wanting it to be
Highlands Ranch or Parker. Wanting it to be a very dense , you know, over-populated place, with tiny lots , and
no water and a little bit too much density. So , I hope that we can balance our needs for financial stability with
our needs for maintaining the community that I think we all love. So thank you . There was applause .
e) Mike Kapler, an Englewood resident, said I first wanted to say my friend Bob , who lives about a
block away, is sick and not able to share with you tonight. So, I would like to read a letter my girlfriend and I
wrote . "Mike has been a resident (and that's referring to me) of Englewood for 31 years . In middle school, he
heard stories from students who lived on this side of Englewood about the football and baseball games held at
Duncan Park . The park seemed like such a fun place . As Mike looked for a home, one of his requirements was
that the house be near a park . He was thr illed to buy a home just a few houses away from this famed park .
True to the stories, kids still gather and play pick up games . Our own family , two Labrador Retrievers and my
girlfriend and I, also enjoy Duncan Park on near a daily basis . The park serves as a springboard for our walks
and runs and as for a place for the dogs to play fetch and stretch their legs. The kids aren't the only ones
starting pick up games . We often walk over with friends and family to use the basketball court. In fact, we are
all so wild about this place , we convinced a fr iend to purchase a home a block away. The future of Duncan Park
is more than just a land -use issue . The park serves as an important community space where friends and
neighbors can meet. We may not all know all of our neighbors names , but thanks to Duncan Park , we know
most of their faces and their dogs, and have had conversations that otherwise wouldn't happen through the
walls and fences of our homes. We understand the cost of the land is high, but we feel that Duncan Park is well
worth the price to ma intain th is wonderful community space . Thank you very much." There was applause .
f) Becky Rasby , an Englewood resident, sa id these are my girls : Ell ie, Tessa , Adeline and Hanna .
I just wanted to tell you thank you for keeping up the good fight and , hopefully, Duncan Park will stay a park .
We have been here for thi rteen years . I brought them up here today , because I wanted you to see who really
uses the park . Throughout the years we have had Easter Egg hunts , p icku p games , soccer practice and
basketball ga mes ... l could go on and on . We use it almost on a da ily bas is . The other kids you see in the room
here ... all of these kids have been in the pickup games that we have had out in the park . It just means so much
to me that when I talked abou t c om ing tonight , they all wanted to come with me. And so, I am going to let them
say just a little bit too.
Adeline (Addie) Rasby, an Englewood res ident , said I want the park to stay, because I have a lot of friends
there .
Tessa Rasby, an Englewood resident , said I want the park to stay there , because a little while ago my Mom said
that she might want to move , because we need a bigger house . I said , no, I don't want to move, because of the
park . So, if the park doesn 't stay, then we probably will move away . I see all my friends there and another
reason I don 't want to move is because , every single summer and spring , we always play football or basketball
there , or baseball or whatever game we can play .
Ellie Ras by , an Englewood resident, said I want the park to stay, because it is a place for me and my friends to
hang out. We jus t go there in the summer and just hang out, play in the park, play hide-n-go seek, and play with
water guns and its jus t really fun .
Hanna Ra by , an Englewood resident, said I would just like to point out that if, in fact , the park was taken away,
th next two closest buildings to prov id nt rtainment for children .. ranging In ages ... are a McDonalds and the
H d d W st shop .. ob 1ty or the product of H ad d W t? Sor lly, I would much rath r h v children
,
Englewood City Council
February 20, 2007
Page 5
outside playing . I realize it is very expensive, but the health of our future generation is much mo re important.
Thank you .
There was applause .
g) Scott Bagwin , an Englewood resident, said I moved here about three and a half years ago and
the park was a huge consideration when I bought my house . It is a half a block from my house. I walk there
every morning with my dog . And my wife and I have our own dreams about taking our children to that park
there some day. So, it certainly means a lot to me . I use it every day so please save Duncan Park . There was
applause .
* •• * *
[Clerk's note : Charles Egloff was signed up to speak regarding PUD, Code Enforcement. Speaking from the
audience he declined to speak saying it's not relevant today. I'm going to pass. Mayor Wolosyn encouraged
him to come back .]
h) Greg Kinholt, an Englewood resident, said first, thanks for this opportunity. I am glad to see that
you are taking the consideration tonight and the time . I've only been here four months ... at the house . I chose
the house that I'm renting because of the park . I moved here from Hawaii just recently. I was looking for a job
and had just gotten that when I looked for a house ... I looked at the park and said this is where I want to be and
the next step was to get a dog. I did all of that in 90 days . In fact, one of the first times I walked by there with
my dog, Amber, there were some kids playing soccer . I was hoping they might be here tonight. .. a boy and a girl
and the family was there. He is a soccer coach and they live just on the other street behind me there . They
were playing football ... and then the next day I saw them crawling around in the grass in the park . And I said
what are you guys doing? They said, we lost a ring ... the little girl had lost the present she had received from
her grandfather when she was real young and he had just died last week . So anyway, I said I will help you and I
literally crawled that park for an hour and a half or two hours with this family ... got to know them and then we
found the ring at the last minute , right before giving up ... we found it. And then I have seen them out playing
quite a bit. I know they enjoy it and I have seen quite a few families enjoy the park . Personally, I enjoy it
because I take my dog . She literally tells me when it is time to go to the park. And she knows Milky ... if anybody
knows the dog , Milky , at the other end of the park ... the big white fluffy dog . My dog wants to meet your dogs, I
know. There was laughter. She is a herder, so she could help round up any loose dogs if ever needed . And
also , I work for American Humane and that is what brought me here to Denver. I miss the mountains and the
four seasons and I left that behind in Maui , of course . But they have developed a lot of Maui. .. anybody that has
been over there can tell you and it is kind of sad . The one thing they did do though, is they preserved all the
parks and all the beaches over there and I think that is important to consider here , because it is the only
neighborhood park . It is a nice little park and it offers a lot. I plan to use it for basketball, picnics and other
things . I met a friend here tonight. .. she has been here for 52 years, since 1955 ... so you've got me on one
extreme , 4 months, and her for 52 years ... if my math is right. She is here as she is concerned about the
longevity of the park, so I think you've got a wide diversity with the kids and the people . I would consider buying
in that area . In fact, I am looking because of the park . I've always lived in a park and bought a house in that
area ... so without the park, I would probably not consider it, just because I like the convenience. I go to another
park and walk the big lake, but that is a nice park . I was there at 3 in the morning one night when I couldn't
sleep ... you know it was peaceful and it is just a beautiful park . My dog wanted to come and just let you guys
know that she really enjoys it and wants it to stay too . Thank you very much .
Mayor Wolosyn said thank you . There was applause .
i) Renate Rivelli , an Englewood res ident , said this is my son, Conrad . You know, I grew up
across from that park . And one of the things that I am really struggling with , with this proposal. .. and I am not
trying to get too polit ical here , but. .. you know Colorado has the highest foreclosure rate in the nation . And we
are going ... lets put 16 houses over there , so I am really, reall y struggl in g w ith that , in addition to all the other
comm nts and o forth that have been made th is evening . And thank you for bringing all your sweet children up
h r Th t w f nta ltc . I don 't think that th ere is anything else I want to say xcept I th ink we deserve the
)
Englewood City Council
February 20, 2007
Page 6
opportunity to save the park . We, as a community that live in the community, deserve that opportunity and I
don't think it is fair to just take it out from under our feet only because we need more foreclosure rates. I don't
know, it just doesn't make sense to me.
Conrad Rivelli, an Englewood resident, sa id in the summer or actually any time , we go there to play football, we
play baseball , have snowball fights and we just have fun over there . So, save the park.
Mayor Wolosyn said thank you. There was applause .
j) Jackie Cameron, an Englewood resident, said like all the other families here, my children have
grown up going to that park . Actually, my son met Addie at that park when they were like six months old ... when
they were babies . My other son has lost a rocket in the tree at Duncan Park , because it got stuck up there one
day when we launched it. And, it is just a great place that we know that we can send the boys to play and they
can always meet their friends. They just went the other day to play basketball and the hoops are missing . I
don't know if I will call the City about that, but. .. (there was laughter). Several families from the neighborhood
and from our school go there a lot and it would be sorely missed in our community .
Steve Cameron, an Englewood resident, said I just go to the park to have fun and play with my friends, like
Conrad .
Liam Cameron, an Englewood resident, said I would just like to say we go to the park and practice soccer and
we have a great time .
Mayor Wolosyn said thank you . There was applause .
k) Janet (no last name g iven), an Englewood res ident, said I just wanted to say that I know most of
these people and most of their dogs(there was laughter), because I met them at the park . I hope the City of
Englewood will do everything they can to keep this community a community .
Mayor Wolosyn said thank you . There was applause .
I) Jennifer Enger , an Englewood resident, said my husband and I are transplants from small little
towns in Minnesota and when we moved to the City , it was really , really overwhelming for us . And we found
sanctuary in Englewood , because the house we picked was just off the park . When we pulled up to that house ,
we thought , there is a park ... we we re sold , we felt like we were back in our small little towns in Minnesot a. So ,
to lose that park wou ld be los ing a p iece of commun ity ... a p iece of that small town that I th ink Englewood stri ves
to ac compl ish in th is growing metropol is . I don 't th ink it is a good idea to c ompete w ith High land s Ra nch or
Parker ... bo th my husb an d a nd I wo rk there ... a nd it re ally doe s lo se th e se nse of co mmu nity when yo u start to
lose a park. Right now we have a family of two dogs ... so, that is our family. I know when I was a kid it was
really important to live next to a park and we lived just down the street from one . And I want my kids to
experience what I did ... that small , little town feeling that Englewood has to offer. I spent a lot of time in college
studying parks and park planning ... and the biggest thing ... and I think everyone agrees ... is green space adds
sanctuary to a city . It adds an oasis and a relief in the hustle and bustle of the metropolis . In my studies, park
planning ... neighborhood parks are crucial to community development and safety, as was stated . I think to lose
that park , we are just going to be that metropolis that Englewood so strives not to be . Thank you so much .
There was applause .
m) Sally Norton , an Englewood resident , said I grew up in Englewood . I moved away and I am
back . My parents are getting elderly and it is time to take care of the parents . I have been a Planning and
Zoning Commissioner for the City of Meridian , Idaho . The City of Meridian, Idaho is right next to Boise and it is
40 ,000 people . It is the fastest growing city in, almost, the northwest. We just finished a Comprehensive Plan
for the City of Meridian and in that plan are mixed-use areas and neighborhood park s . You have that. .. don 't
los 11. Thank you . There w as applause .
Englewood City Council
February 20, 2007
Page 7
n) Diane Lewis , an Englewood resident, said thank you for lett ing us speak tonight. I raised my
sons in my Pearl Street home for many, many years . They are grown now , but when they were little , they would
go over there and play ... just go over there and have picnics and meet their friends . A lot of fun things happened
in that park, a lot of happy memories of just doing a lot of family things . Like last summer, there was a family
that lived close to the park and they set up picnic tables and had a family reunion there . They had balloons and
they had a family get-together . I brought a picture of my dog Sally ... some of you have seen Sally. I walk
around Duncan Park with Sally all the time on a leash , so she knows the area and knows just where to wa lk and
goes her own little way. Some of the kids at Duncan Park ... around that area ... they know Sally . Her middle
name is Lou ... and they say hi, Sally Lou and she will wag her tail and everything . It just has a lot of special
memories and living close to the park , I would like to see it stay a park , because just for my neighbors even,
there are some that couldn't make it tonight. I don't know if June is here . She does the volunteer work at the
park ... she works on the flowers at the corner of the park . June loves that park very much. Thank you very
much. There was applause .
Mayor Wolosyn said I would like to thank all of you for coming out tonight ... we hear you . Thank you.
Council Member Barrentine said yes , thank you for your commitment to the community . You make me proud to
live in District 3, thank you . There was applause .
8 . Communications, Proclamations and Appointments
(a)
considered .
A resolution reappo inting Linda Olson to the Keep Englewood Beautiful Comm ission was
COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 8 (a) •
RESOLUTION NO . 36, SERIES OF 2007 .
RESOLUTION NO. 36, SERIES OF 2007
A RESOLUTION REAPPOINTING LINDA OLSON TO THE KEEP ENGLEWOOD BEAUTIFUL COMMISSION
FOR THE CITY OF ENGLEWOOD , COLORADO .
Vote results:
Motion carried .
Ayes : Council Members Barrentine , Mccaslin , Moore , Wolosyn , Woodward ,
Tomasso , Oakley
Nays : None
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
IT E MS 9 (b) (I), (i i) and (iii ).
(b) Approval of Ordinances on Second Reading
(i) ORDINANCE NO . 5, SERIES OF 2007 (COU NCIL BILL NO . 6, INTRODUCED BY
COUNCIL MEMBER TOMASSO)
AN ORDINANCE APPROVING AN "INTERGOVERNMENTAL AGREEMENT REGARDING COLLECTION OF
SPEC IAL ASSESSMENTS LEVIED BY SOUTH BROADWAY ENGLEWOOD BUSINESS IMPROVEMENT
Englewood City Council
February 20, 2007
Page 8
DISTRICT" BETWEEN THE SOUTH BROADWAY ENGLEWOOD BUSINESS IMPROVEMENT DISTRICT AND
THE CITY OF ENGLEWOOD .
(ii) ORDINANCE NO . 6, SERIES OF 2007 (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 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.
(iii) ORDINANCE NO . 7, 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 .
Vote results:
Motion carr ied .
Ayes: Counc il Members Barrentine , Mccaslin , Moore , Wolosyn , Woodward ,
Tomasso, Oakley
Nays : None
(c) Resolutions and Motions
The re were no additional resolut ions or motions submitted for approval. (See Agenda Item 11 .)
10 . Public Hearing Items
No public hearing was schedu led before Counci l.
11 . Ordinances, Resolution and Motions
(a) Appro val of Ord inan ces on Firs t Read ing
(i) Chief Buil din g Officia l Smith present ed a rec o mmendation from Safety Serv ices,
Division of Building and Safety, to approve a bill for an ordinance adopting the International Building Code 2006
to estc:1blish minimum requirements to safeguard the public health, safety and general welfare . He said Council
Bill No . 9 is for the adoption of the International Building Code . We have used the Uniform Building Code as a
model construction code since 1971 and to keep pace with construction technology, terminology and new
methods and materials, we are urging support to adopt the International codes . Some of the changes in the "I"
codes ... most of them are administrative provisions . Chapter 1 needs to be modified in order to coordinate with
the Englewood Municipal Code provisions . Fees ... we are looking at the fee tab les to remain as they were in the
1997 Code . A new fee would be the Temporary Certificate of Occupancy fee, which would be $150 .00 .
Currently, Jefferson County charges $750 .00 and Lakewood charges $250 .00 . The TCO's usually generate the
requirements for additional inspections and administrative issues . We are looking at increasing the valuation for
wood fenc ing from $10 .00 a linear foot to $20 .00 . $10 .00 has been in place since 1985 . Wood construction
materials, in general, have gone up pretty much about three -fold since then, so it is a fair fee . Chapter 16 has
some fill -in-the-blank type things to aid in things like snow load, w ind load, that would be for this area . And then
we are recommending the adoption of Append ix I for patio covers . He asked if there were any questions .
Mayor Wolosyn ask d 1f ther were any questions There were none .
Englewood City Council
February 20, 2007
Page 9
COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a)
(i) -COUNCIL BILL NO. 9.
COUNCIL BILL NO . 9, INTRODUCED BY COUNCIL MEMBER WOODWARD
A BILL FOR 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 .
Mayor Wolosyn asked if there was any discussion . There was none .
Vote results:
Motion carried .
Ayes : Council Members Barrentine, Mccaslin, Moore, Wolosyn, Woodward,
Tomasso, Oakley
Nays : None
(ii) Chief Building Official Smith presented a recommendation from Safety Services,
Division of Building and Safety, to approve a bill for an ordinance adopting the National Electrical Code 2005
and the International Code Council Electrical Code Administrative Provisions 2006 to establish minimum
requirements to safeguard the public health , safety and general welfare. He said NEC has been a model
construction code in Englewood since 1970 . The new ICCEC, which is the International Code Council Electrical
Code , is merely the administration provisions that were removed from the NEC and then formed in a separate
ICC document. The changes, basically, will reflect the Englewood Municipal Code provisions for items such as
appeals, requiring permits, how to handle violations and other unlawful acts . Other than that , the body of the
Code will not change .
Mayor Wolosyn asked if there were any questions . There were none .
COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a)
(ii) -COUNCIL BILL NO. 10.
COUNCIL BILL NO . 10 , INTRODUCED BY COUNCIL MEMBER WOODWARD
A BILL FOR AN ORDINANCE AMENDING TITLE 8 , CHAPTER 2, ARTICLE D, OF THE ENGLEWOOD
MUNICIPAL CODE 2000 , PERTAINING TO THE ELECTRICAL CODE OF THE CITY OF ENGLEWOOD ,
COLORADO .
Vote res u lt s:
Motion carried .
Ayes : Council Members Barrentine, Mccaslin, Moore , Wolosyn , Woodward,
Tomasso, Oakley
Nays : None
(iii) Chief Building Official Smith presented a 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 to safeguard the public health , safety and general welfare . He said the
International Fuel Gas Code is a new Code ... a new document in the International Code series . The provisions
for gas pip ing used to be found in the Uniform Mechanical Code, as well as the Uniform Plumbing Code . So this
is just taking those two documents and forming one document. We are not seeing a lot of changes throughout
th e body of the Code . And again , the bulk of changes we are proposing is the administrative portion of the
IFGC .
Mayo r Wolosyn asked if there were any question . There were none .
Englewood City Council
February 20, 2007
Page 10
COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED , TO APPROVE AGENDA ITEM 11 (a)
(iii) -COUNCIL BILL NO . 11.
COUNCIL BILL NO . 11 , INTRODUCED BY COUNCIL MEMBER WOODWARD
A BILL FOR 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 .
Mayor Wolosyn asked if there was any discussion . There was none .
Vote results:
Motion carr ied .
Ayes : Council Members Ba rrent ine , Mccasl in , Moore , Wolosyn , Woodward ,
Tomasso , Oakley
Nays : None
(iv) Chief Building Official Smith presented a recommendation from Safety Serv ices,
Division of Building and Safety, to approve a bill for an ordinance adopting the International Mechanical Code
2006 to establish minimum requ irements to safeguard the publ ic health , safety and general we lfare . He said the
International Mechanical Code is similar to the Plumbing Code in that the only provisions that we are making
changes in are the adm inistrative por tion . The body of the Code will stay the same .
Mayor Wolosyn asked if there were any questions . There were none .
COUNCIL MEMBER WOODWARD MOVED , AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a)
(iv) -COUNCIL BILL NO . 12 .
COUNCIL BILL NO . 12 , IN T RODUCED BY COUNCIL MEMBER WOODWARD
A BILL FOR AN ORDINANCE AMENDING TITLE 8 , CHAPTER 2 , ARTICLE 8 , OF T HE ENGLEWOOD
MUNICIPAL COD E 2000 , PER TAINING TO THE MECHANICAL CODE O F THE CITY OF ENGL EWOOD ,
CO LORADO .
Vote results :
Motion carried .
Ayes :·
Nays :
Co uncil Members Barrentine, Mccaslin, Moore , Wolosyn, Woodward,
Tomasso, Oakley
None
(v) Chief Building Official Smith presented a recommendation from Safety Services,
D iv is ion of Building and Safety, to approve a bill for an ordinance adopting the International Plumbing Code
2006 to establish min imum requirements to safeguard the public health , safety and general welfare . He said the
Internat ional Plumbing Code is, again, one of those Codes that the only changes being proposed are in the
administrative portion . We have used the UPC as a model code since 1972 and the IPC is just another package
in the ser ies of International Codes . No changes within the body of the Code are be ing recommended , at this
ti m e .
COUNCIL M EM BER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a)
(v) -COUNCIL BILL NO . 13.
CO UN CIL BI LL NO . 13 , INTRODUCED BY COUN CIL MEMB E R WOODWARD
(
Englewood City Council
February 20, 2007
Page 11
A BILL FOR 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.
Vote results:
Motion carried .
Ayes: Council Members Barrentine , Mccaslin , Moore , Wolosyn , Woodward ,
Tomasso, Oakley
Nays : None
(vi) Chief Building Official Smith presented a 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 . He said the
International Residential Code is a new code, as well . It pulls all of the residential code requirements for one-
and two-family dwellings, as well as town homes, out of all the model code groups . It pulls them out of the
Building Code, Electrical, Plumbing and Mechanical and creates a stand-alone document that will be used for
residential .
Mayor Wolosyn asked if there were any questions . There were none .
COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a)
(vi) -COUNCIL BILL NO. 14.
COUNCIL BILL NO . 14 , INTRODUCED BY COUNCIL MEMBER WOODWARD
A BILL FOR 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 , COLORADO .
Vote results:
Motion carried.
Ayes: Council Members Barrentine, Mccaslin, Moore, Wolosyn, Woodward ,
Tomasso, Oakley
Nays : None
Mayor Wolosyn said thank you Lance .
(vii) Fire Marshal Greene presented a 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 welfare . He said we are moving to ask for adoption of this
document. There are a few changes that we have done since the Uniform series of codes . The last Uniform
was 1997 that we had adopted and that was, basically, the Uniform series we have been using since 1980 . The
Uniform series of codes ... the Uniform Fire Code now has been taken over by the Fire Chiefs out of California
and has also now been rolled into NFPA 1. In addition, in the future, they are planning on rolling in the 101 Life
Safety Code out of NFPA. We have looked at all of those codes, including the International and the
International lines up with the other family of the International Codes, which you have just adopted . Rather than
seriously considering those and going through a lot of administrative changes to make all of those line up, the
International Fire Code appears to be the one that is the best choice at this time . We have made some
amendments and you will notice that these are changes since 1997 . The first one that I want to bring to your
attention is under Chapter 1A, Section 38, which is Flammable and Combustible Liquids . This one came to our
ttention in abou t the last month and it talks about the actual manufacturing of flammable and combustible
l1qu1ds I have run into several residents that have approached me about building bio-diesel stills in their
garages . And, without this part of it, it would be very difficult for me to actually regulate how people do that in a
at mann r. Th next one that you notice is a big change . It is under Chapter 5, which is the dimension of the
fir , pparatu roads . We hav gone now from 20 foot wide to 26 foot w ide . Mainly , the 20 foot w ide road would
Englewood City Council
February 20, 2007
Page 12
not handle the fire apparatus that we currently have ... where we have outriggers t hat extend 18 and some of our
neighboring agenc ies extend 22 feet , which takes up the ent ire road . That is what we have found out with the
development down here ... in downtown ... is it is very difficult for us to get a fire apparatus down Englewood
Parkway when a large delivery truck is parked in the middle . This gives us a wider road for us to get our fire
apparatus down . Going on down ... probably the b iggest sect ion is Section 511 , that talks specifically about
public safety radio amplifications . Now that we have gone to the 800 megahertz systems , one of the issues we
found with those radios , is that they don 't work very well around conc rete and stee l. We did an exerc ise recently
at Craig Hospital and found that our radios don 't work ve ry well inside of structures that are built of concrete and
steel. So, most of the jurisdictions in our area have now had some type of an amendment to the Fire Code that
addresses specific radio amplification systems to deal with that specific issue. We are currently work ing with
Craig Hospital. Swedish Hosp ital already has a system in place and this is mainly for the new buildings that are
being proposed, to make sure that we do have good rad io communications inside those buildings . You will also
not ice that under Chapter 9, we are now requiring sign age by our fire department connections , so that
firefighters actually know what they are hooking up to inside of a building. It seems like a simple fix . It is very
important to our operations . And we are also adopting the Appendices D, wh ich deals specifically with fire
access roads . The other changes were the administrative changes that needed to be done to comply with the
Municipal Code, concern ing Board of Appeals and things like that.
Mayor Wolosyn asked if there were any questions . There were none .
Council Member Woodward said I bel ieve there needs to be one grammatical correct ion . On Page 5, No . 4, in
that very first line "any building additions or remodel work involving of 20%" and I believe the word "of' should be
deleted . Fire Marshal Greene sa id yes , thank you .
COUNCIL MEMBER WOODWARD MOVED , AND IT WAS SECONDED , TO APPROVE AGENDA ITEM 11 (a)
(vii) -COUNCIL BILL N0.15., WITH THE GRAMMATICAL CORRECTION .
COUNCIL BILL NO. 15 , INTRODUCED BY COUNCIL MEMBER WOODWARD
A BILL FOR AN ORDINANCE AMENDING T ITLE 8 , CHAPTER 2 , ARTICLE E, OF THE ENGLEWOOD
MUNICIPAL CODE 2000 , PERTAINING TO THE FIRE CODE OF THE CITY OF ENGLEWOOD, COLORADO .
May o r W olosyn as ked if there was any mo re discuss io n o r ques ti ons . There wa s non e .
Vote results :
Motion carried .
Ayes : Counc il Members Barren tine , Mccaslin , Moore , W o losyn , Woodward,
Tomasso , Oakley
Na ys : Non e
Mayo r Wolosyn said thank you Ben .
(b) Approval of Ordinances on Second Read ing
(i) Council Bill No. 4, as amen ded, au thorizing removal of the billboard at 273 0 Sou th
Broadway and rebuilding the billboard at 2896 South Broadway under a non -revocable permit was considered .
Mayor Wolosyn explained that this matter was tabled at the February 5, 2007 Council M eeting and needs a
mot ion , approved by the majority of Council , to bring it off the table to allow a vote on second reading .
COUNCIL M EMBER MOOR E MOV ED, AND IT WAS SECOND ED , T O REMOVE COUNCIL BILL NO . 4
FROM T HE TAB LE TO AL LOW A VOT E ON SECOND READING .
Mayor Wolosyn asked if there was any d iscussion . There was none .
Englewood City Council
February 20, 2007
Page 13
Vote results :
Motion carried .
Ayes : Council Members Barrent ine , Mccaslin , Moore , Wolosyn , Woodward ,
Tomasso , Oakley
Nays : None
COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (b)
(i) • ORDINANCE NO . 8 , SERIES OF 2007.
ORDINANCE NO . 8 , SERIES OF 2007 (COUNCIL BILL NO . 4 , INTRODUCED BY COUNCIL MEMBER
WOODWARD)
AN ORDINANCE AUTHORIZING THE PERMANENT REMOVAL OF BILLBOARD LOCATED AT 2730 SOUTH
BRO DWAY AND REBUILDING THE BILLBOARD AT 2896 SOUTH BROADWAY .
Mayor Wolosyn asked if there was any discussion .
Council Member Moore said I just appreciate the opportun ity to get the information that I felt we needed to move
on to the second reading .
Mayor Wolosyn said I agree , thank you John .
Vote results :
Motion carried .
Ayes : Counc il Members Ba rr ent ine , Mccasl in, Moore , Wolosyn , Woodward ,
Tomasso , Oakley
Nays : None
(ii ) Council Bill No. 5, author izi ng Amendment 1 of the Denver Sem inary Planned Unit
Development was cons idered .
COUNCIL MEMBER MOORE MOVED , AND IT WAS SECONDED , TO APPROVE AGENDA ITEM 11 (b) (ii) •
ORDINANCE NO . 9, SERIES OF 2007 .
ORDINANC E NO . 9 , SE RIES O F 200 7 (C O UNCIL BILL NO . 5, INT RO DU CE D BY COUNCIL MEMBER
W OO DWARD )
AN ORDINANCE AUTHORIZING THE DENVER SEM INARY PLANNED UNIT DEVELOP MENT (PUD)
AM ENDM ENT NO . 1.
Vote resu lts :
Motion carried.
Ayes : Council Members Barrentine , Mccaslin, Moore, Wolosyn, Wood ward,
Tomasso, Oakley
Nays : None
(c) Resolutions and Motions
(i) Director Gryglewicz presented a 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 .00 and $1 ,001 ,346 .00, respectively . He said th is resolution re-appropriates funds in the Conservation
Trust Fund and the Open Space Fund and also there is a supplemental, as well , for $40 ,000 .00 In the
Conservation Trust Fund for the Pira te 's Cove filter addition which is a total $150 ,000 .00 project. .. $110 ,000 .00
of that 1s coming from th Little Dry Cr ek Fib r Dam proJ ct , wh ich has been delayed . In the Open Space
Englewood City Council
February 20, 2007
Page 14
Fund, because these funds lapse, the appropriations lapse at year end , these all need to be re-appropriated and
they are listed there. But , also , in the Open Space , there is a supplemental appropriation of $252,000 .00 . The
use of that is for the Mary Carter Greenway and buffer match funds and the Dartmouth bridge match funds,
which total $252,000 .00 .
Mayor Wolosyn asked if there were any questions for Frank.
Council Member Woodward said I have a couple of questions. On the fiber dam project, you had mentioned
that had been delayed . Has that delayed for some time or .... I know we were , as I recall, we were working on
that back in the summer and fall of 2006 . Mr . Gryglewicz said I have an expert here ... Jerrell Black, Director of
Parks and Recreat ion .
Director Black said thank you Frank . The fiber dam project. .. we were able to repair the fiber dam . We thought
two years ago that we were going to have to replace that totally , but we had an expert come out and work with
us and make the repair on the dam . And we think the dam will last at least another 8 to 1 O years.
Council Member Woodward said great and I have one other question . Under the Use of Funds, Sinclair School
in-line hockey $262,146 .00 . I am in support of this in-line hockey rink and my question is ... other than the land,
what is the School District contributing to this project?
Director Black said cooperation and they are providing , as you said, the property . The City will build and install
and maintain the roller hockey rink . We have agreed with the School District to not use the rink during school
hours and that it would be available for their use, as well. And then as with the Clayton Athletic field, the City's
Parks and Recreation would schedule and maintain the roller hockey rink after school hours and on weekends .
Mr. Woodward said okay and has there already been an intergovernmental agreement put into place regarding
the maintenance , the construct ion , the responsibilities of the parties and finally the removal , at some point in the
future , or is that to come? Mr . Black said as I recall, it was put together ... ! think the middle part of last year ... I
would have to verify that, but I think we brought the agreement together ... brought it forward first. .. because, we
have been working on this project for about three years . Mr . Black said but I can certainly research that and
provide that information .
Council Member Woodward said okay. That is all I had and again I am in favor of the in -line hockey rink .
Mayor Wolosyn asked if there were any other questions for staff . There were none .
COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c)
(i) -RESOLUTION NO . 37 , SERIES OF 2007 .
RESOLUTION NO . 37, SERIES OF 2007
A RESOLUTION APPROVING THE RE -APPROPRIATION AND SUPPLEMENTAL APPROPRIATION TO THE
2007 BUDGET TO COMPLY WITH CITY CHARTER REQUIREMENTS .
Mayor Wolosyn said seeing no further discussion , please vote .
Vote results :
Mot ion carried .
Ayes : Council Members Barrentine , Mccaslin, Moore, Wolosyn, Woodward,
Tomasso, Oakley
Nays : None
(ii) D irec tor Gryglewicz presented a recommendation from the Department of Finance and
Administrative Services to approve a resolution advancing funds from the General Fund to the Englewood
Mclellan Reservo ir Foundation (E MRF ). He said this item was discussed in the Study Session tonight. The
Englewood Mel llan Reservoir Foundation does not have any source of funding, other than some of the interest
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Englewood City Council
February 20, 2007
Page 15
it earns on the funds that it has. The real property that is part of the assets of the Foundation were transferred
from the Water Fund . At this point in time, we are doing some fairly extensive dirt work out there on the
property, which hopefully will result in higher values and move the development along . But, as part of that
project, Douglas County is requiring us to put down $50,000 .00 in a deposit, just in case we might damage the
road during this dirt work . We do not have those funds, so we were asking for an advance from the General
Fund to the Foundation of $50 ,000 .00, which hopefully will be repaid before year end .
COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c)
(ii) -RESOLUTION NO. 38, SERIES OF 2007.
RESOLUTION NO . 38, SERIES OF 2007
A RESOLUTION APPROVING THE ADVANCE OF FUNDS IN THE 2007 BUDGET .
Vote results:
Motion carried.
Ayes : Council Members Barrentine, Mccaslin, Moore, Wolosyn, Woodward,
Tomasso, Oakley
Nays: None
Mayor Wolosyn said thank you Frank .
12 . General Discussion
(a) Mayor's Choice
Mayor Wolosyn said I do not have any matters to bring before Council.
(b) Council Members' Choice
(i) Council Member Barrentine said I wanted to thank all the people from District 3 and
around the park and Englewood for pulling together the commitment to the community . What an asset that is . It
really came through. Jennifer McKee ... I think you did an awful lot of work with us ... I appreciate that. Claire
Schramm ... thank you and to all the people that you got to contact me and talk to me ... and the web site that you
developed . I am sure that if there is any more information that comes up about this, that we could go ahead and
make sure that somebody is contacted. As far as any other properties, however, that may come up , you might
want to talk to the School D istrict about contacting you, because it is generally the seller who knows that it is
going to come up for sale first. But thank you very much . I appreciate all your effort and all of the people who
came tonight.
(ii) Council Member Mccaslin :
1. He said I would also like to thank you for coming . I appreciate your time and it is good to hear from the
community .
2. He said I would also like to personally thank Sam Watson from the Police Department and Mr . Smith of
the Building Division . I spent four hours this morning in court on a rental property and we found the plaintiff was
awarded some money for some code violations and wrongdoings at this property and I appreciate Englewood
helping these people that were renters in Englewood . II was a lot of work and effort, but I spent four hours today
and I saw Justice prevail. Thank you very much .
(iii) Council Member Moore said I just wanted to applaud the citizens for getting involved
tonight. I love se ing it and I hope that you're pressuring the seller, as well , as we are only the buyer in this
,tu t1on . Th nk you v ry much .
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Englewood City Council
February 20, 2007
Page 16
Mayor Wolosyn said thank you John .
(iv) Council Member Oakley said I too would like to thank the people for coming out tonight.
(v) Council Member Tomasso :
1 . He said I would like to thank the Rasby's. I met them when my daughter played on a soccer team and
Hanna was one of the other soccer players, so my daughter experienced the park also .
2. He said I would also like to thank Safety Services . Transportation Advisory ... our new member ... brought
up a school crossing sign that was obscured by a tree and that was turned over to Code Enforcement. The
Code Enforcement officer cut the tree branch and solved the problem instantly. So , thanks for jumping on that
and taking care of it, thank you .
(vi) Council Member Woodward :
1 . He said I also, as a resident of District 3, want to express by thanks for the participation of all the people
that were here tonight. I did get on your web site and on your e-mail list and talked to, I believe, Mr. Riggs on
Saturday night and suggested that there is a School Board meeting tonight and that I hoped there would be a
good attendance there also. But, thank you for coming here tonight and sharing .
2. He said also kudos to a couple of things going on within the City here ... specifically Parks and
Recreation . Jerrell Black , Brad Anderson and Gary Hultberg have received the 2006 National Aquatic Programs
Award, as the number one aquatic program in the State of Colorado and this is by the United States Water
Fitness Association . There was applause.
Council Member Woodward said, also, for 2006, by the National Aquatic Program Awards, Brad Anderson has
been selected as one of the top 46 Aquatic Directors in the country ... ranked as No . 14 . Brad is a very efficient
and very knowledgeable person when it comes to pools and I think we are very fortunate to have him . So
congratulations and please pass that on .
Mayor Wolosyn said from all of us .
Council Member Barrentine said will there be any presentation of these awards to City Council or? Director
Black said yes . Ms . Barrent ine said okay, thank you .
3. He said I would like to move the approval of the expenses for two students to attend the National
League of Cities conference with us, as discussed ... the two students selected in our Study Session last
week ... two young women from Englewood High School. Both are Honor Students and very involved in the
community and both are on the Parks and Recreation Youth Board . We had put in our City Council budget a
line item for $4,000 .00 ... $2 ,000 .00 each ... and at this point we believe that fully covers it.
COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE EXPENSES FOR
TWO STUDENTS TO ATTEND THE NLC CONFERENCE .
Motion carried .
Ayes : Council Members Barrentine, Mccaslin , Moore , Wolosyn , Woodward ,
Tomasso , Oakley
N ays : None
[Clerk's no te: This was listed as item 12 (b) (i) on the Agenda .]
13 . City Manager's Report
(a)
t 2 o 'cl oc
City Man g r S rs 1d the S fety Service 's Awards ceremony Is Thur day afternoon starting
nd 1t will b h Id 1n th Community Room , o tho e who c n att nd will b w !come .
Englewood City Council
February 20, 2007
Page 17
(b) City Manager Sears said I did want to say that Rick has been working hard out there in terms of
snow removal, to deal with some of the runoff issues . He has had FEMA representatives there and also
Environmental people to make sure that we are in compliance with the runoff, as it goes into the river. It is kind
of a two-edge sword , but I know that Rick stepped forward to try to work through and mitigate those issues.
14. City Attorney's Report
City Attorney Brotzman did not have any matters to bring before Council.
•••••
Mayor Wolosyn said we will be adjourning this meeting now , but we will be reconvening in an Executive
Session .
COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO MEET IN EXECUTIVE SESSION
FOLLOWING THE REGULAR MEETING TO DISCUSS A REAL ESTATE MATTER, DUNCAN PARK.
Motion carried .
Ayes : Council Members Barrentine , Mccaslin, Moore , Wolosyn, Woodward ,
Tomasso, Oakley
Nays: None
15. Adjournment
~E~ ~OURN . The meeting adjourned at 8:45 p.m .
Metropolitan Mayors and Commissioners Youth Awards
March 5 , 2007
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$ 2007 Metropolitan Mayors and Commissioners Youth Awards -recognizing
young people who have overcome difficult situations in their lives and risen to
the challenges of adversity.
$ Thanks for coming to help us celebrate these very special young people.
$ 28 nominees from schools in Englewood are being honored tonight.
$ Each nominee will receive a certificate and a gift bag as a token of our
admiration.
$ Introduce Jim Woodward, who will help hand out the awards.
$ Invite other Council Members to form a receiving line in front of the dais.
$ We are honoring these nominees not because of the challenges they have
encountered , but because they have persevered and have taken control of their
lives . They have made a difference in the ir own lives and the lives of those
around them. Their strength and determination are an inspiration.
$ Special thanks to th e nominators for recognizing th e accomplishments of
t hese yo u ng peo pl e and for helping us honor them.
• [To the nominees] Pl eas e com e forward a s I c all your nam e.
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Introduce the Nominees:
I. Josh Allen, an 11th Grader at Humanex Academy. Josh's nominator
describes him as a role-model at school who is making positive choices
for his health, his education, and his future.
2. Edlin Barraza [ED-LIN BAH-RAH-ZAH], an 11th Grader at Colorado 's
Finest Alternative High School. Edlin's nominator describes her as a
young woman with a strong commitment to her goals. This commitment is
sure to help her achieve success.
3. Nick Brockman, an 11th Grader at Humanex Academy. Nick is described
as a positive peer leader with a great attitude who is always willing to lend
a helping hand.
4. Rory Carroll, a 101h Grader at Colorado's Finest Alternative High School.
Rory's nominator describes him a responsible young man who is
motivated and focused on his future.
5. Julie Crihfield [CREE-FIELD], a I 0th Grader at Colorado's Finest
Alternative High School. Julie is described as a determined and resilient
young woman who is sure to succeed.
6. Cayla Croy, a l 2'h Grader at Colorado 's Finest Alternative High School.
Cayla is described as a young woman who has set high goals for herself
and is making significant academic progress.
7. Thomas Fleharty , [FLEE -HART-EE] a 12th Grader at Englewood High
chool. Tom is described by his nominator a an excellent role model and
an outstanding leader with great integrity .
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8. Meagan Fraker [MAY-GEN FRAY-KER], a 12th Grader at C olorado 's
Finest Alternative High School. Her nominator says Meagan has a sense
of self-reliance and strong motivation. She works hard
9. Mary Fresquez [FRES-QWEZ], a 10th Grader at Colorado's Finest
Alternative High School. Mary is described as a strong and motivated
young woman whose positive attitude will ensure her success.
10. Aline [A Y-LEEN] Himmelrick, a 9th Grader at Englewood High School.
Her nominator says Aline has an uncompromising integrity and an inner
strength and perseverance that will help her accomplish her goals.
11. Ashley Holmquist, a Ith Grader at Colorado's Finest. Ashley's
nominator describes her as a positive role model whose goals are clear and
focused. Her resiliency is sure to help her reach her goals.
12. Melanie Hunter, a I th Grader at Colorado 's Finest. Melanie 's nominator
says she is incredibly resilient and motivated . Her strength and
determination will help ensure a bright future for Melan ie .
13. Andrew Ibbotson , a 10 th Grad er at C olorado 's Fi nest A lte rn a tive High
School. Andrew's Family Teacher says Andrew realizes that his future is
his responsibility, and he is motivated and focused on making it positive
and successful.
14. J esse Inke les II N K-LESS I, an 11th Grader at Humanex Academy. His
nominator says Jesse has learned to advocate for himself and is achieving
incredible success in his education -an important step for th future .
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15. Kathryn Karschnik IKAR-ZHNIKJ , an 11th Grader at Humanex
Academy. Kat's nominator says that Kat has set strong goals for the future
and has become a strong peer leader and positive role model at school.
16. Jessica Kimbrough , a Ith Grader at Colorado's Finest. Jessica 's
nominator says Jessica has a resilient spirit. Her hard work and tenacity
are sure to help her be successful.
17. Alan Lorditch, an 11th Grader at Humanex Academy. Alan's nominator
describes him as a promising, productive citizen who is realizing success
and has set strong goals for the future.
18. James Mihalko [MEE-HAL-KO], an 11th Grader at Humanex Academy.
His nominator says James has positi vely influenced the en vironment he
lives in . He is an insightful young man who has a deep desire to learn and
succeed in life.
19 . Andrika [AN-OREE-KA] Nelson , a Ith Grader at Humanex Academy .
Andrika has become an important role model at school. Her strong drive
will help her be suc cess ful now and in th e future.
20 . Ian Nixo n , a 1 oth Grader at Colorado 's Finest Alternative High School.
Ian 's nominator says he has chosen the path of educational success, and
his hard work and determination will help him be successful in life .
21 . Lindsey Olson , a 1th Grader at olorado 's Finest. According to her
nominator, Lindsey 's strength and determination are a testament to her
tenacity. he has made remarkable progres , and is sure to be successful.
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22. Tiffany Risher , a 1th Grader at Colorado 's Finest. Tiffany is described as
a "shining star" at school. There 's no doubt that this busy young woman
will be successful.
23. Joshua Roman , a 9th Grader at Colorado 's Finest. Josh 's nominator says
he has a tenacity and sense of purpose that should be a model for all of us.
His future looks very bright.
24. Eva Schmidt, a 1th Grader at Colorado's Finest. According to her
nominator, Eva has come a long way in her short life. Her hard work is
sure to help her be successful.
25. Brian Spooner, an 11th Grader at Humanex Academy . According to his
nominator, Brian has made significant gains in life and has become a
positive role model to the younger students at school.
26. Daniel Terry, a Ith Grader at Humanex Academy. Dan's nominator says
Dan has become a good role model for other students by staying focused
on his goals . He knows he is on the path to success.
27. Paige Trygstad [TRIG -STAD], a 10th Grader at Colorado 's Finest
Alternative High School. Paige is described by her nominator as a
dedicated and motivated young woman who is sure to be successful in
wh atever she chooses to do.
28 . Robert White , an 11th Grader at Colorado's Finest. Robert's nomina tor
says that Robert is focused on making good choices and is on his way to
success and a bright future .
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1, -~~;;,;;.;;.~·-.:::.-=······-......, .............. ===~=---_.. ____________ ........ ___ _
$ We are proud to have young people like you as members of our community.
$ We want to thank the families, friends, teachers, and counselors who are here
tonight to help us honor our nominees and who support these very special
young people on a daily basis.
$ Let's give them all a big round of applause.
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ORDINANCE NO.
SERIES OF 2007
BY AUTHORITY
COUNCIL BILL NO. 9
INTRODUCED BY COUNCIL
MEMBER WOODWARD
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, Co lorado hereby authori zes 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
BUIL DING COD E
8-2A-1: COD E AD OPTE D:
There is hereby adopted , by reference thereto, the International Building Code 2006
Edition, in its entirety includ ing 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 updates which will be available for inspection during regular business hours .
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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 read)
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 read)
5.
6.
7.
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.
103.1 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.
103.3 Deputies. (Deleted last sentence)
105 .1.1 Annual permit. (Deleted in its entirety)
105.1.2 Annual permit records . (D eleted in its entirety)
9 . 105.2 Work exempt from permit.
Building:
2 . (Deleted in its entirety) Refer to Title 16 EMC for fence
requirements .
4 . (Deleted in its entirety) Refer to Title 16 EMC for wall requirements .
(Del ted in it ntirety) Refer to Title 16 EMC for driveway and
idewalk requirement .
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10. 105.S Expiration. (Deleted in its entirety. Replaced with the following to
read as follows) Every permit 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 permit is not commenced within 180 days from
the date of such permit; or if inspections have not been requested by applicant
for a period of 180 days; or if the work authorized by such permit is
suspended or abandoned for a period of 180 days; af ,,. the work is
commenced. Before such work can be recommenced, a new permit shall be
first obtained and the fee therefore shall be one-half the amount required for a
new permit for such work, provided no changes have been made or will be
made in the original construction docwnents for such work, and provided
further that such suspension or abandomnent has not exceeded one year. In
order to renew a permit after one year, the permittee shall pay a new full
permit fee.
11. 105.S.l Extensions. (Added a new Subsection to read) A permittee holding
an unexpired permit shall have the right to apply for an extension of the time,
as determined by the building official, within which the permittee 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 permit
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:
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T ABL E I BUILDING PERMIT FE ES
T otal Valutioa J Fee
SI .00 lo $500.00 S23 .50
$501 .00 lo $2,000 .00 $23.50 for the first $500.00 plus $3 .05 for each additiooal $100.00, or fraction thereof, to and including $2,000.00
$2,001.00 lo $25,000.00 $69.25 fo r 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 fo r the fi r st $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 fo r th e 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 ,2 33 .75 fo r the fi r st $500,000 .00 plus $4 .75 for each additional $1,000 .00 or fraction thereof, to and including
$1 ,000,000.00
S 1,000,001 .00 and up $5,608.75 fo r the first $1 ,000,000 .00 plu s $3 .15 for each additional $1 ,000.00 or fraction thereof.
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OTHE R FEES ,
Original Plan Review fee shall be 65% of the building permit fee as shown in Table l.
Additi o nal Plan Review Fees $47 .00 per hour
Ex emption To Plan Review Fee
Exception: the 65% plan review fee shall be waived for single-family, owner occupied, dwellings. (8-2A-2D EMC)
Reinspection 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
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13. 108.3 Building permit valuations. (Deleted in its entirety. Substitute the
following) The determination 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 permit 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 determined by applying the following schedule:
Asphalt roofing $75 .00 per square
Fencing $20 .00 per linear foot
15 . 108.6 Fee Refunds . (D eleted in its entirety. Substitute th e follo w ing)
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 perrnitee not later than 180
days after the date of fee payment.
16 . Section 109. Ins pections . (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; permittee fails to provide
access to the site; or permitee's deviation from plans require approval
of the building official.
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b. To obtain a reinspection, the applicant shall file an application therefore
in writing on a fonn 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
ha ve been paid.
17 . 110.3 Temporary occupancy. (Shall be amended to add a new s ub section
110.3.1)
18 .
19.
20 .
110.3.1 Temporary Occupancy Fee. The fee for a Temporary Certificate
of Occupancy is as set forth in Table l , of this Chapter.
Section 112 Board of Appeals. (Deleted in its entirety) Refer to 8-1-7
EMC for requirements of this section.
Section 113 Unlawful Act. (Deleted in its entirety) Refer to 8-1-8
EMCfor requirements of this section.
113.4 Violation Penalties. (D eleted in its entirety) Refer to 8-1-9 and
8-1-10 EMC for requirements ohhis 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 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 dev ice.
C . CHAPTER 16 -STRUCTURAL DESIGN .
1. Section 1608 S no w loads.
a . 1608.1 General. (Deleted in its entirety. Substitute the following) The
design roof snow load shall not be less than 30 pound per . quare foot at
any element of the roof.
b . 1608 .2 Ground snow load s. (Deleted in its entirety. uhstimte the
following) The ground snow load establi bed fi r the ity f ng lewood
is 30 pounds per square foot.
2 . Section 1609 W indloads.
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a. 1609.3 Basic wind speed. (Deleted in its entirety. Substitute the 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 the 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 am ended by adding a new Sub section
to read 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 amended to read as follows)
1. Delete all except Appendix I -Patio Covers which is hereby adopted .
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 detemunes 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 held as still remaining in force for the purposes
of su staining 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 j udgment , decree, or order which can or may be rendered, entered, or
made in such actions, sui ts , proceedings, or prosecutions.
-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 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 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.
Read by title and passed on final reading on the 5th day of March, 2007.
Published by title as Ordinance No. _, Series of 2007, on the 9th day of March,
2007.
Olga Wolosyn, Mayor
ATIEST:
Loucrishia A. Ellis, City Clerk
I, Loucrishia A. Ellis , City Clerk of the C ity of Englewood, Colorado, hereby certify
that the abov e and foregoing is a true copy of the Ordinance passed on final reading and
published b y title as Ordinance No ._, Series o f 2007.
Loucrishia A. Ellis
-9-
ORDINANCE NO.
SERIES OF 2007
BY AUTHORITY
COUNCIL BILL NO . 10
INTRODUCED BY COUNCIL
MEMBER WOODWARD
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, internationally, 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-
9 b ii
8-2D-l: CODE ADOPTED :
There is hereby adopted, by reference thereto, the National Electrical Code 2005 ,
Published by NFPA 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. (D eleted in its entirety )
C . CHAPTER 4 -PERMITS AND FEES.
1. 403.2 Expiration. (D eleted in its entirety. Substitute th e follo wing)
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. (D eleted in its entirety. Sub stitu te the follo wing)
Refer to Section 105 .5 .1 of the amended (IBC) Bui lding C ode of th e
C it y of Englewood fo r requirements of this section.
3. 4 04 .2 Schedule of permit fees. (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.
4. 404.S Refund s. (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 .
D. Chapter 10-VIO LATIO N .
1. 1001.1 Unl awful act . (D leted in it entire ty. Sub titute th e f ollowing)
Refer to -1-8 EM for requirement of this ection.
-2-
2. 1001.4 Violation penalties. (Deleted in its entirety. Subs titut e the
following) Refer to 8-1-9 and 8-1-10 EMC for requirements of this sect ion.
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 ofthis 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
prov is ion 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, a s well as for the purpose of
susta ining any judgment, decree, or order which can or may be rendered , entered , o r
made in such acti ons, suits , proceeding s, or pros ecutio ns.
Section 7. Cho ice of Code . Any party who has a pend ing appl icat io n , where the permi t
application and final site plan have b een submitted to the City before the date of fina l
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 .
Read by title and passed on final reading on the 5th day of March, 2007.
Published by title as Ordinance No. _, Series of 2007, on the 9th day of March,
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 Ordinance passed on final reading and
published by title as Ordinance No._, Series of 2007.
Loucrishia A. Ellis
-4 -
(
ORDINANCE NO.
SERIES OF 2007
BY AUTHORITY
COUNCIL BILL NO. 11
INTRODUCED BY COUNCIL
MEMBER WOODWARD
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 modern, 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, COLORADO, AS FOLLOWS:
Section 1. The City Council of the City of Englewood, Colorado hereby adopts the
Fuel Gas Code 2006 as Title 8, Chapter 2 , Article Hof the Englewood Municipal Code
2000, to read as follows :
CHAPTER2
CONSTRUCTION AND SAFETY CODES
ARTICLEH
FUEL GAS CODE
-1-
9 b iii
8-2H-1 : 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 Code Council, Inc., 4051 West Flossmoor Road, Country Club Hills,
Illinois 60478-5795, subject to the exceptions, modifications and amendments set forth
in Section 8-2H-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
I. 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 next working business day of the Division of
Building and Safety.
5 . 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.
6. 106.4.4 Extensions (Delete in its entirety and substitute the
following) Refer to section 105 .5 .I of the amended (IBC)
Building Code of the City of Englewood for requirements of this
section.
-2-
(
(
7. 106.S.2 Permit Fee schedule. (D eleted in its entirety. Substitute
th e follo wing) 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. (D eleted in its entirety. Substi tute th e
follo wing) 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. (Dele ted in its entirety. Substitute the
follo wing) 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. Subs titute th e follo wing)
Refer to 8-1 -8 EMC for requirements of this 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. (D eleted in its entirety Substitute the
follo wing.) 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 publ ic , 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 an y clause, sentence, paragraph, or part of thi s Ordinance
o r the application thereof to any person or circumstances shall for any reason be
adjudged by a court of competent j uri sdiction invalid, such judgment shall not affect ,
impair or invalidate the remainder ofthis Ordinance or it applicat ion to other per sons o r
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 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
o f u taining any and all proper actions, suits, proceedings, and prosecutions for the
enforcement of the penalty, forfe iture, or liability, as 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 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 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 .
Read by title and passed on final reading on the 5th day of March, 2007.
Published by title as Ordinance No. _, Series of 2007, on the 9th day of March,
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 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
COUNCIL BILL NO . 12
INTRODUCED BY COUNCIL
MEMBER WOODWARD
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 COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS :
Section 1. The City Council o f the Ci ty o f Englewood, Colorado hereby authorizes the
repeal Ti 1 , Chapter 2, Article B , Mechanical Code of the Englewood Municipal
Cod e 2000 . in its entirety.
Section 2. The City Council of the City of Englewood , Colorado hereby adopts the
Internat ional Mechanical Code 2006 as Title 8, Chapter 2 Article B , of the Englewood
Municipal Code 2000, to read as follows :
CHAPTER 2
CO N STRUC TION AND SAFETY COD ES
ARTICLES
MECHANICAL CODE
-28-1 : CODE ADOPTED:
There i 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,
lllinoi 6047 -5795, subject to the exceptions, modifications and amendments set forth
in Section -2 8-2 of thi Article . The City Clerk shall maintain a copy of the Code,
whi h will be available for inspection during regular bu iness hour .
-2 8 -2 : SP IFI M DIFI A TIONS TO ADOPTED ODE:
-1 -
9 b iv
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.1 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.l 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-
\
( 8. 107.2.3 Reinspections. (D eleted in its entirety. Substi tut e th e
follo wing). 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. (D eleted in its entirety . Subs titu te th e 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 follo wing)
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. Safetv 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
provis ion o f the Code o f the C it y of Eng lewood by this Ordinance shall not relea se,
exti ngui sh, alt er, mod ify, or change in whole or in part any pena lty , fo rfei ture, 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 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 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 either the current Code
o r the 1997 Code 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 v iolation 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.
Read by title and passed on final reading on the 5th day of March, 2007 .
Published by title as Ordinance No . _, Series of 2007 , on the 9th day of March,
2007 .
Olga W olosyn, 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 Ordinance passed on final reading and
published by title as Ordinance No ._, Series of 2007.
Loucrishia A. Ellis
-4 -
(_
ORDINANCE NO.
SERIES OF 2007
BY AUTHORITY
COUNCIL BILL NO. 13
INTRODUCED BY COUNCIL
MEMBER WOODWARD
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 City 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 International 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 C ity Council of the City of Englewood, Co lorado hereby authorizes the
repeal of Title 8, Chapter 2, Article C, of the Englewood Municipal Code 2000, in it s
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
CONST RU CTION AND SAFETY CODES
ARTICLEC
PLUMBING CODE
8-2C-1 : 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,
lllinois 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 -
9bv
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)
Div ision 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. (D ele te in its entirety. Substitute th e
follo wing) 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. (D e leted in its entirety . Substitute the
follo wing) 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 ele ted in its entirety. Sub s titu te the
fo llowing) Refer to Section 108.6 of the amended (IBC) Building
Code of the City of Eng lewood fo r requirement s o f this s ection.
8. 10 7.3.3 Rei nspections. (Deleted in its entirety. Substitute the
following) 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 . (Deleted in its entirety. Substitute the following)
Refer to 8-1-8 EMC for requirements of this section.
10. 108.4 Viol ation penalties . (Deleted in its entirety. Substitute the
following) Refer to 8-1-9 and 8-1-10 EMC for requirements of this
section.
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(
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 REGULA TIO NS.
1. 305.6.1 Sewer depth. (Insert the follo wing 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
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 held as still remaining in force for the purposes
of ustaining 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 j udgment , decree, or order which can or may be rendered, entered , or
made in uch a tion , uit , proceedings, or pro ecution .
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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.
Read by title and passed on final reading on the 5th day of March, 2007 .
Published by title as Ordinance No. _, Series of 2007, on the 9th day of March,
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 Ordinance passed on final reading and
published by title as Ordinance No. _, Series of 2007.
Loucrishia A. Ellis
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..
ORDINANCE NO.
SERIES OF 2007
BY AUTHORITY
COUNCIL BILL NO. 14
INTRODUCED BY COUNCIL
MEMBER WOODWARD
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, 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, 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. The 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-1 : CODE ADOPTED:
There is hereby adopted, by reference thereto , the International Residential Code For
ne-and Two-Family Dwelling 2006 Edition, in it entirety including errata updates,
pub Ii hed a part of thi Code, publi bed by the International Code Council, Inc ., 4051
W t Fl m r Road, Country Club Hill , Illin i 60478-5795, ubject to the
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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.l Areas prone to flooding. (Deleted in its entirety) Refer to
Englewood Municipal Code 16-4.
5. RlOS.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. (D eleted in its entirety) Refer to Title 16 EMC for driveway and sidewalk
requirements .
6 . RlOS.3.1.1 Determination ofsubstantially improved ofsubstantially
damaged existing buildings in flood hazard areas. (D e /et din its entirety)
Refer to Englewood Municipal Code 16-4.
7. RIOS.S Expiration. (D eleted in its entirety. Subs titute th e follo win g)
Refer to Section 105 .5 of the amended (IB ) Building Code of the
C ity o f Englewood for requirement ofthi ection .
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( 8 . R10S.S.1 Extensions. (Deleted in its entirety. Subs titute 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 . R106 .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 th e
follo wing) 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 . (D eleted in its entirety.
Subs titute the follo wing) 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 follo wing) 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. (D eleted in its entirety) Refer to
Englewood Municipal Code 16-4 .
14 . R109.S Reinspections. (Deleted in its en tirety. Substitute th e
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. (Deleted in its entirety. Substitute
th e follo wing) Refer to Section 110 .3 of the amended (IBC) Building
C ode of the C ity of Englewood for requirements of this section.
16. Section Rl 12 Board of Appeals. (D eleted in its entirety) Refer to 8-1-7
EMC for requirements of this section.
1 7 J 13.1 Unlawful acts. (Deleted in its entirety. Substitute the following)
Refer to 8-1-8 EMC for requirements of this section.
18. Rl 13.4 Violation penalties. (Deleted in its entirety. Substitute the
following) Refer to 8-1-9 and 8-1-10 EMC for requirements of this section.
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B. CHAPTER 3 -USE AND OCCUPANCY CLASSIFICATION.
Ground
Snow
Load
30 psf
Roof
30psf
Non-
1. Table R301.2(1) (Shall be deleted in its entirety. Substitute th e follo wing)
CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA
Wind Seismic SUBJECTO DAMAGE FROM
Speed Design Weathering Frost Term ite Decay
(mph) Category Line
Depth
90mph B Severe 36 Slight to None to
inches Moderate Sl ight
Ex posure
B
Reducible
Winter Ice Shield Flood Air Mean
Design Temp Underlayment Hazard Freezing Annual
Reouired Index Temn
I Degree F No EMC 16-4
2. R309.1 Opening protection. (Add th e follo wing 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)
l . R1003.1 Definition
a . R1003.1.1 Fireplace restrictions. (Am ended by th e addition of a new
Subs ection 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 . R1004.1 .l Fireplace restrictions. (Am ended by the addition of a new
Subsection to read as follo ws) Fireplaces shall comply with the
Englewood Municipal Code, Sections 6-1 -11 and 6-1 -12.
D. CHAPTER 14 -HE ATING AND C OOLING E QUIPMENT.
l. M 1401.S Flood Hazard . (Shall be amended to read as follows) In areas
prone to flooding as established by The Englewood Municipal Code Section
16-4, heating and cooling equipment and appliances shall be located or
installed in accordance with Section R3 24. l .5.
2. M1414.1 General.
a . M1414.1.1 Fireplace restrictions. (Amended by the addition a new
Subsection to read as follows)
Fireplaces hall comply with the Englewood Municipal Code, ections 6-
1-11 and 6-1-12 .
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( 8. RlOS.5.1 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.
9. R106.1.3 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. (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.
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 thefollowipg) 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. R109.5 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. (Deleted 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 Rl 12 Board of Appeals. (Deleted in its entirety) Refer t o 8-1-7
EMC for requirements ofthis section.
1 7 Jl3.1 Unlawful acts . (Deleted in its entirety. Substitute the following)
Refer to 8-1-8 E M C for requ irement s of this section .
18. Rl 13 .4 Violation penalties. (Deleted in its entirety. Substitute the
following) R efer to 8-1-9 and 8-1-10 EMC for requirements of this section.
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B. CHAPTER 3 -USE AND OCCUPANCY CLASSIFICATION .
Ground
Snow
Load
30psf
Roof
30psf
Non-
1. Table R301.2(1) (Shall be deleted in its entirety. Substitute the follo wing)
CLIMATIC AND GEOGRAPIDC DESIGN CRITERIA
Wind Seismic SUBJECTO DAMAGE FROM
Speed Design Weathering Frost Termite Decay
(mph) Category Line
Deoth
90mph B Severe 36 Slight to None to
inches Moderate Slight
Exposure
B
Reducible
Winter Ice Shield Flood Air Mean
Design Temp Underlayment Hazard Freezing Annual
ReQuired Index Temp
I De21"ee F No EMC 16-4
2. R309.1 Opening protection. (Add the follo wing 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 am ended to read)
1. R1003.1 Definition
a. R1003.1.1 Fireplace restrictions. (Am ended by the addition of a new
Subsection to read to read as follo ws) Fireplaces shall comply with the
Englewood Municipal Code, Sections 6-1-11 and 6-1-12 .
2 . R1004.1 General.
a . R1004.1.1 Fireplace restrictions. (A mended by th e addition of a new
Subsectio n to read as follo ws ) Fireplaces shall comply with the
Eng lewood Munic ipal Code, Sections 6 -1-11 and 6 -1-12.
D. CHAPTER 14 -HEATING AND C OOLING E Q UIPMENT .
1. M1401.S Flood Hazard . (Shall be amended to read as follows) In areas
prone to flooding as established by The Englewood Municipal Code Section
16-4, heating and cooling equipment and appliances shall be located or
installed in accordance with Section R324. l .5 .
2. M 1414.1 Gene ral.
a . M 1414 .1.1 Fireplace rest rict ions. (Amended by the addition a new
Subsection to rea d as follows)
Fireplaces shall comply with the Englewood Municipal Code, sections 6-
1-11 and 6 -1-12 .
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( E. CHAPTER20-BOILERSANDWATERHEATERS.
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. l.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)
H.
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 sy stems and discharges from the systems into the floodwaters.
APPENDICES. (Shall be am ended to read as follo ws)
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 thi s Ordinance is necessary for the preservation of health and safety and for the
protection of publ ic 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 jurisd iction invalid, such j udgment 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
incon istent or conflicting with this Ordinance or any portion hereof are hereby repealed
to the extent of uch inconsistency or conflict.
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Section S. 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 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.
Read by title and passed on final reading on the 5th day of March, 2007 .
Published by title as Ordinance No._, Series of 2007, on the 9th day of March,
2007.
Olga Wolosyn, Mayor
AITEST:
Loucrishia A. E ll is, City C lerk
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
(,
ORDINANCE NO.
SERIES OF 2007
BY AUTHORITY
COUNCIL BILL NO. 15
INTRODUCED BY COUNCIL
MEMBER WOODWARD
AN ORDINANCE AMENDING TITLE 8, CHAPTER 2, ARTICLE E, OF THE
ENGLEWOOD MUNICIPAL CODE 2000, PERTAINING TO THE FIRE CODE OF THE
CITY OF ENGLEWOOD, COLORADO.
WHEREAS, the City of Englewood has used the Uniform 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:
CHAPTER2
CONSTRUCTION AND SAFETY CODES
ARTICLEE
FIRE CODE
8-2E-1: CO DE ADOPTED .
There is hereby adopted, by reference thereto, the International Fire Code 2006 Edition, in
its entirety, including errata updates, published as part ofthis 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
8-2E-2 of this Article. The Clerk shall maintain a copy of the Code which will be available
for inspection during regular busine s hours .
8-2E-2: P IFI MODIFI ATION TO ADOPTED CODE .
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9bvii
The following specific changes, modifications and amendments are hereby made in the
provisions of the International Fire Code 2006, hereinabove adopted:
A. CHAPTER 1 -ADMINISTRATION.
1. 101.1 Title. (Amended 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 . (Deleted all permits and
Subsections EXCEPT as follows) The Fire Code official is authorized to
issue operational permits for the operations set forth below.
a . 10S.6.14 Explosives. An operational permit is required for
manufacture, storage, handling, sale or use of any quantity of
explosives, explosive materials, fireworks or pyrotechnic special
effects within the scope of Chapter 33 .
Exception: Storage in Group R-3 occupancies of smokeless
propellant, black powder and small anns primers for personal use,
not for resale and in accordance with Section 3306.
b . 10S .6.16 Flammable and Combustible Liquids. An
o perational p ermit is requ ired to manu facture, process, blend
or refin e flammable or combustible liquids .
c . 105.6.19 Fumieation and Thermal Insecticidal Foufne.
An operational permit i required to operate a busines of
fumigation or thennal in ecticidal fogging and to maintain a
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C
room, vault or chamber in which a toxic or flammable
fumigant is used.
d . 105.6.26 Liquid or Gas-Fueled Vehicles or Equipment in
Assembly Buildings. An operational pennit is required to
display, operate or demonstrate liquid or gas fueled vehicles or
equipment in assembly buildings .
e . 105.6.30 Open Burning. An operational pennit 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. 105.6.36 Pyrotechnic Special Effects Material. An
operational permit is required for use and handling of
pyrotechnic special effects material.
g. 105.6.43 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) Individual canop ies having a max imum s ize of
700 square fe et ( 65 m2
).
(b) 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.
(c) 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 thi Section.
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5. Section 109.3 Violation Penalties. (Amended to read as follo ws)
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 follo ws)
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. S03.2.l Dimensions. (Am ended to read as follo ws)
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 ofnot less than 13 feet 6 inches (4115 mm).
2. S06 .l Where Required. (A mende d to read a s follows )
Where access to or within a structure or an are a is restricte d 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.
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(
'·. 3. Section 511 Public Safety Radio Amplification. (Amended by
adding a new Section to read as follo ws)
a . 511.1 Scope. These provisions shall apply to:
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 I 0 ,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
nonnal hazard of the occupancy.
4) Any building additions or remodel work involving 20% of
the building.
5) As required by the Fire Official.
b . 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 . (A mended 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 10 -MEANS OF EGRESS.
1. ection 1009.11 Stairway to Roof. (Amended to read as follows)
In buildings located three or more stories in height above grade plane,
one tairway shall extend to the roof surface, unless the roof has a
slope steeper than four units vertical in 12 units horizontal (33-percent
lope). In buildings without an occupied roof, access to the roof from
the top tory shall be permitted to be by an alternating tread device .
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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 permitted in Section 3308.
2. 3301.2.4 Financial Responsibility. (Amended to read as follows)
Before a permit 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 permit 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.S.1 (Amended to read as follo ws )
Locations where above-ground tanks are prohibited. Abov e-ground
tanks shall be located in accordance with this section.
H . CHAPTER 38 -LIQUEFIED PETROLEUM GASES.
1. 3804.2 Maximum Capacity within establish ed limits. (Amended to
read as follows)
Aggregate capacity of any one installation shall not exceed a water
capacity of 2 ,000 gallons (7570 L).
I. APPEND ICE . (Amended to read as follows)
1. Appendix D -Fire Apparatus Access Roads, which is adopted.
Section 3. Safety Clay e . The City Council hereby finds, determines, and declare
that thi Ordinance i 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,
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 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 of E.M.C . Section 1-4-1 shall apply to each
and every violation of this Ordinance.
Introduced, read in full , amended and passed on first reading on the 20th day of February,
2007.
Published as amended as a Bill for an Ordinance on the 23rd day of February, 2007 .
Read by title and passed as amended on final reading on the 5th day of March, 2007.
Published as amended by title as Ordinance No. _, Series of 2007, on the 9th day
of March, 2007 .
Olga Wolosyn, Mayor
ATIEST:
Loucri hia A . Elli , City Clerk
-7-
I, Loucrisbia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify
that the above and foregoing is a true copy of the amended Ordinance passed on final
reading and published by title as Ordinance No . __, Series of 2007.
Loucrisbia A. Ellis
-8-
(
ORDINANCE NO.
SERIES OF 2007
BY AUTHORITY
ABil..LFOR
COUNCIL Bil..L NO. 17
INTRODUCEDBYCOUNCil..
MEMBER~~~~~
AN ORDINANCE AUTHORIZING THE ACCEPTANCE OF A TRANSPORTATION
UTil..ITY EASEMENT LOCATED ADJACENT TO SOUTH CLARKSON STREET
AND EAST DARTMOUTH AVENUE .
WHEREAS, Environmental Homes of Colorado LLC, the owner of the property located
at 3100 South Clarkson Avenue is subdividing the property into two lots; and
WHEREAS, review of the Subdivision and American Land Title Association survey, it
was determined that a traffic signal pole belonging to the City of Englewood was
encroaching on Lot 1 of this property; and
WHEREAS, as part of the subdivision process, a Transportation/Utility Easement is
required from the property owner to keep the traffic signal pole on public property; and
WHEREAS, the property owner has agreed to dedicate a five foot by five foot triangular
"Transportation Utility Easement" adjacent to South Clarkson Street and East Dartmouth
Avenue; and
WHEREAS, the passage of this Ordinance authorizes the City to accept a five foot by five
foot triangular "Transportation Utility Easement" located adjacent to South Clarkson Street
and East Dartmouth A venue;
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
acceptance of a five foot by five foot triangular "Transportation Utility Easement" from
Environmental Homes of Colorado LLC, located adjacent to South Clarkson Street and East
Dartmouth A venue, attached hereto as Attachment 1.
Introduced , read in full, and passed on first reading on the 5th day of March, 2007 .
-1-
Published as a Bill for an Ordinance on the 9th day of March, 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 5th day of March, 2007.
Loucrishia A. Ellis
-2-
m
(
GRANT OF TRANSPORTATION AND UTILITY EASEMENT
KNOW ALL MEN BY THESE PRESENTS , that ENVIROMENTAL HOMES OF
COLORADO LLC, 1353 Apex Road, Franktown, Colorado 80116-8528, Owner of Lot 1, Block
20, Evanston Broadway Addition, County of Arapahoe, for and in consideration of Ten Dollars
($10.00) and other good and valuable consideration, does hereby grant and convey to the CITY
OF ENGLEWOOD, a municipal corporation duly organized and existing under and by virtue of
the constitution of the State of Colorado, a permanent right of entry and permanent access,
transportation and utility easement on the property described in Exhibit "A", which is attached
hereto and incorporated herein by this reference (hereinafter the "Easement Premises"), upon
which to construct, reconstruct, operate, remove, repair and maintain access, transportation and
utility facilities and related appurtenances across, on, under and through the Easement Premises
described real property situate in the City of Englewood, County of Arapahoe, State of Colorado,
to wit:
TRANSPORTATION AND UTILITY EASEMENT
A parcel of land located within Lott, Block 20, Evanston Broadway Addition, more
particularly describes as follows:
Beginning at the Northwest comer of said Lot 1; thence East and along the North line of
said Lot 1, a distance of 5.00 feet; thence Southwesterly, a distance of 7 .07 feet , more or
less , to a point on the West line of said Lot 1, said point being 5.00 feet South of the
Northwest comer of said Lot 1; thence North and along the West line of said Lot 1, a
distance of 5.00 feet , to the point of beginning,
County of Arapahoe, State of Colorado.
Containing 12.50 square feet or 0.0003 Acre.
Reserving, however, to the undersigned, its successors and assigns, the right to utilize and enjoy
the above-described premises providing the same shall not interfere with the construction,
maintenance, repair, inspection and operation of said traffic control device and providing further
that the grantor shall not cause substantial improvements to encroach upon the above-described
Transportation/Utility Easement ri ght-of-way, and the City shall not be liable for removal thereof
if so placed. .
SIGNED this J:l_ ~ay of~ 2007.
E~OMENT HOMES OF COLORADO LLC
B~ iMN{N/a::~
STATE OF )
) ss.
COUNTY OF )
,{ T. e foregoing instrument was acknowledged before me this ±f_ofay of
,::ft , 2007, by Richard H . Ludwig as Manager of Enviroment Homes of
Colorado LL the owner of 3100 South Clarkson Avenue, Englewood, Colorado 80113.
My mmi ion expir : 't s)!f v 1
-·-
(
l
I
I
·'
EXHIBIT A
TRANSPORTATION AND UTILITY EASEMENT
3100 SOUTH CLARKSON STREET
N
~
o· 5' 10· 15' 20·
SCALE: 1• = 10'
EAST DARTMOUTH AVENUE
(DEDICATED RIGHT OF WA Y)
NORTHWEST CORNER OF LOT 1 S.OO'
TRANSPORTA noN .--+--
EASEMENT NORTH LINE OF LOT 1
POINT OF BEGINNING \
c ·_.._<;;C)-~ ----
'\.
..
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.<.j<o
t-w w
0:: I-
C/) .......
>-<C(
3:'.
z u.. oo
Cl) t-
~ I
CY ~
<( a::
.....J Cl u~
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0
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LOT 1
~WEST LINE OF LOT 1
-:a:: 6958 J": • 5
5 • • = ~-.. ""'-': ~~· ,_ .. :::: ·~.a·.1 -.., : · ·.~ , .. ·~ • ..::>O ·c> /. • ... :,. LEGAL DESCRIPTION FOR TRANSPORTATION AND UTILITY EASEMENT '·~; ~,i;;• ....... ,~ ·. )"
.,,,,~. '"A ' LA\'.~, ·; .. · ,·
A PARCEL OF LAND LOCATED WITHIN LOT 1, BLOCK 20, EVANSTON BROADWAY ADOtTION, ... ·.
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 1; THENCE EAST AND ALONG THE NORTH
LINE OF SAID LOT 1, A DISTANCE OF 5 .00 FEET; THENCE SOUTHWIESTERL Y, A DISTANCE OF
7 .07 FEET, MORE OR LESS, TO A POINT ON THE WEST LINE OF SAID LOT 1, SAID POINT
BEING 5.00 FEET SOUTH OF THE NORTHWEST CORNER OF SAID LOT 1; THENCE NORTH AND
ALONG THE WEST LINE OF SAID LOT 1, A DISTANCE OF 5.00 FEET, TO THE POINT OF
BEGINNING,
COU NTY OF ARAPAH OE, STA TE OF COLORADO .
CO NTAINING 12.50 SQUARE FEET OR 0 .0003 ACRE . JOB NO. 2006-2618
D A TE : 11-20-2006 I
REVISED : 1-30-2007 ________ . _____________________ ....,;; _________ .........,
{
COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
March 5, 2007 11 ai Ordinance to accept a "Transportation/Utility
Easement" adjacent to South Clarkson Street and East
Dartmouth Avenue
Initiated By: Staff Source:
Public Works Department Rick Kahm, Director of Public Works
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
There has been no previous Council action.
RECOMMENDED ACTION
Staff recommends City Council adopt a Bill for an Ordinance to accept a 5-foot by 5-foot triangular
"Transportation/Utility Easement" adjacent to South Clarkson Street and East Dartmouth Avenue.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The owner of the property at 3100 South Clarkson Avenue is subdividing this property into two lots.
Upon review of the Subdivision and American Land Title Association (ALTA} survey, it was
determined that a traffic signal pole belonging to the City was encroaching on Lot 1 of this property.
As part of the subdivision process, a Transportation/Utility Easement must be acquired from the
property owner to retain the signal pole in a public way. By obtaining this easement, the City will
avoid the cost of relocating the signal pole. The property owner has agreed to dedicate this
easement to the City of Englewood.
FINANCIAL IMPACT
The City will pay $10.00 to obtain this easement.
LIST OF ATTACHMENTS
Proposed Bill for an Ordinance
(
RESOLunON NO.
SERIES OF 2007
//ti
A RESOLUTION AUTHORIZING THE CITY OF ENGLEWOOD, COLORADO 'S
PARTICIPATION IN THE "SOUTH PLAITE WATER RELATED ACTIVITIES PROGRAM,
INC." (SPWRAP) FOR 2006 -2007.
WHEREAS, in 1997 the governors of the states of Colorado, Nebraska and Wyoming signed
an agreement with the Department of Interior to improve the habitat of endangered species along
the Platte River and tributaries; which agreement promised participation by the users of the Platte
River in each state and the Federal government; and
WHEREAS, one aspect of this agreement is a program called "South Platte Water Related
Activities Program, Inc." (SPWRAP), a nonprofit which was set up for the purpose of
coordinating efforts to benefit the endangered species along the Platte River;
WHEREAS, in exchange for participation in this program, water projects by the water users
will require relatively little effort for further compliance and will have some predictability in
relation to the requirements of the "Endangered Species Act" compliance; and
WHEREAS, each water user's portion is determined by the amount of water used in the past
five years as that effects the "Endangered Species Act"; and
WHEREAS, the State's participation in the program comes with an annual assessment for
water users which is adjusted annually depending on the amount of water used by the previous
five years; and
WHEREAS, the estimated assessment for the first year would be $29,189 .52 ; and
WHEREAS, the Englewood Water and Sewer Board recommended approval of Englewood's
annual assessment in the (SPWRAP) at its February 13 , 2007 meeting;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
Section 1. The C ity Council of Englewood, Colorado hereby approves and authorizes
payment of the 2006 -2 00 7 annual as sessment of $2 9 ,189 .52 for the "South Platte River Water
Related Activities Program, Inc .".
ADOPTED AND APPROVED this 5th of March, 2007 .
ATTEST: Olga Wolosyn, Mayor
Loucri hi a . E llis , City C lerk
C. Calculation of Single Family Equivalents, Membership Units and Annual Assessment
1. Previous 5-year average (2001-2005) Treated Water Use (acre-feet) 8,108 .20
2. Use per S. F. Account (acre-feet/SFE) t 0.5
3. Single Family Equivalents (No . 1 / No. 2) 16,216.40
4. SPWRAP Member Units per SFE t 6
5. Total SPWRAP Membership Units (No. 3 X No . 4) 97,298 .40
6. 2006/2007 SPWRAP Assessment/Unit t 0.30
7. 2006/2007SPWRAP Annual Assessment (No. 5 X No. 6) $29,189.52
t Numbers 2, 4, & 6 above are fixed for all members in 2007
D. Payment of A11n1ment
Payment of the annual assessment will provide membership in SPWRAP and coverage under the Platte
River Recovery Implementation Program through the calendar year 2007.
Please make checks payable to "SPWRAP" and send to the following address:
SPWRAP
% Northern Col do Water Con11rvancy District
220 Water Ave 1 ue
Berthoud, Colorado 80513
Page 2 ,, 2
Note : This reporting form may be revised in the flAure to reflect information needed to comply with Program requirements . Entities
electing to join after 2007 llil be required to p,y the ISlessment for the )W' they join the program. In addition the new member
must p,y assessments for el ptior y,,n of the Program, plus 4" intnst, compounded annually.
A. Instructions
South Platte Water Related Activities Program, Inc.
Municipal (Class M) Membership
2007 Reporting Form & Assessment Invoice
Page 1 of 2
Please fill in this form including membership information, water use data, and the assessment as calculated . Send payment for your
SPWRAP annual assessment to the address listed at the bottom of this form .
Municipal Member Entity
Mailing Address
City of Englewood
1000 Englewood Parkway
Englewood, Colorado 80110-2373
email Address sfonda@englewoodgov.org
Phone Number
Submitted by
Title
B. Treated Water Use (previous 5-year average (2002-2006)
303-762-2636
Stewart H. Fonda
Director of Utilities Date
Note : A membe(s water use for purposes of defining the number of single-family equivalent taps for SPWRAP is defined as
"any treated water deliveries from sources of water owned by the member."
(A) (B) (C) (D)=A+ B+ C
Treated Water
Year Production at Additions 2 Subtractions 3 Total Treated
Member's Plant 1 Water Use
(acre-feet) ( acre-feet) ( acre-feet) ( acre-feet)
2002 9,072 9,072
2003 8,184 8,184 .
2004 7,344 7,344
2005 7,921 7,921
2006 8,020 8,020
5-Year Average Adjusted Water Use 4 8,108 .20
1 The amount of treated water produced at your entity's water treatment facility (if any).
2 Add any treated water that is owned by your entity but treated by another entity.
3 Subtract any water treated at your facility but not owned by your entity.
4 Equals the sum divided by the number of years reported .
The monetary cost of the first increment of the program is $187 million (2005). The
States plan to contribute water and land in addition to the monetary contributions.
The total burden of money, land and water will be shared equally by the 3 States
(50%) and the United States (50%). Basically, Colorado would provide money,
Wyoming would provide water and Nebraska would provide land with the United
States providing matching contributions.
This program is voluntary to water users along the South Platte River. The downside
is that if a federal 404 permit (for any activities in the river or its tributaries) is needed
by a water user, that user will be charged past dues to the program or the permit will
not be issued. The good news is that by participating in the program, the entity is
assured compliance with the Endangered Species Act. Otherwise compliance in the
future may cost much more than the program costs. The Program provides
substantial benefits to water users in the form of regulatory predictability under the
ESA.
The water users' portion is determined by the amount of water used in the past five
years. Englewood's contribution will be approximately $29,000 for this year. Since
the ESA went into effect, it was common knowledge that those diverting water
(especially in the Platte River basin) would be affected in some way. There were
many options discussed as to how water users would comply and some were very
detrimental to the diversion of water. The Program will allow compliance without
curtailing diversions by Englewood.
• Assessments will change each year depending on the amount of water
produced for the previous 5 years.
• The Program would like assessments for the first year paid by April 1, 2007.
• Assessments may change depending on how many entities join.
D
(_
The South Platte Water Related
Activities Program
Since the late 1970's, conflicts between water use and endangered species
protection have affected federal permitting of existing and planned irrigation,
municipal and industrial water supply projects in the Platte River basin . These are
404 permits issued by the Army Corps of Engineers whenever work is done in the
South Platte River or any of its tributaries.
In 1997, the Governors of the States of Colorado, Nebraska and Wyoming signed an
agreement with the Department of the Interior to improve and/or study the habitat of
four endangered species in the central Platte River in Nebraska ( endangered interior
least tern, whooping crane and pallid sturgeon and the threatened piping plover
(target species)). Some Colorado water users have incorporated into the South
Platte Water Related Activities Program, Inc . (SPWRAP), a Colorado nonprofit
corporation , to represent users and partner with the State to ensure compliance with
Program obligat ions . SPWRAP will serve as the vehicle by which Colorado South
Platte water users participate in the Program , and the exclusive means by which
they will obtain the regulatory benefits of the Program. The Program was finalized in
October, 2006. This program will allow water projects to be initiated with relatively
little effort required for Endangered Species Act (ESA) compliance.
The program is a basin-wide effort undertaken by the 3 States and the Department
of the interior to provide benefits for the endangered interior lesser tern , whoop ing
cr ane, and pallid sturgeon and the threatened piping plover (the target spec ies). The
ha bita t for these sp ec ies is in Nebraska near Grand Island . Through the program
the states and the federal government will provide land, water and systematic
monitoring and research .
The program is designed to be incremental, with the first increment lasting at least
13 years. During this time the objectives are to:
1. retime and improve flows in the central Platte Rive r by an average of
130,000 to 150,000 acre-feet per year at Grand Island;
2. protect, restore and maintain 10,000 acres of habitat;
3. Implement the integrated monitoring and research plan through the
Adaptive Management Plan .
North gate
Not to Scale
Platte River Basin
Wyoming
I
I
Nebraska
Grand
L_exlngton Island
Overton
Critical Habitat
.--------·
Colorado
I
I Kansas
I
I
--
•
•
COUNCIL COMMUNICATION
Date Agenda Item Subject
March 5, 2007 11 Ci Platte River Program -Endangered Species Act
Initiated By Staff Source
Utilities Department Stewart H. Fonda, Director of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
None.
RECOMMENDED ACTION
The Water and Sewer Board, at their February 13, 2007 meeting, recommended Council approve a
Resolution authorizing Englewood's participation in the Platte River Program.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The South Platte Water Related Activities Program (SPWRAP) is an agreement with the Department
of the Interior to improve the habitat of the following endangered species -the interior least tern,
w hooping crane, pallid sturgeon, and the threatened piping plover. The South Platte Water Related
Acti v ities Program (SPWRAP) would improve the habitat by providing more water in the critical
area along the Platte River in Nebraska. Englewood, along with other water users along the Platte
River, would be the principals in the SPWRAP agreement. This agreement should provide
compliance with the Endangered Species Act to participating entities.
The Department of the Interior is funding half of the program, and through the Corps of Engineers,
issues 404 Permits for users along the Platte Ri ve r. These permits are mandatory for construction,
repai rs or projects in or alo ng th e Platte Ri ver.
FINANCIAL IMPACT
Englewood's portion of the assessment for the program for 2007 is $29,189.52, with an annual
assessment for 13 years . Future assessment amounts will be computed on treated water use and
number of participants with the SPWRAP Program. The amount of $29,189 .52 is based on the
assumption that all users along the Platte will participate.
LIST OF ATTACHMENTS
Platte Ri ve r Program
R solution
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
l
COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
March 5, 2007 11 C ii Award Contract of Purchase and Installation
of In-line Hockey Rink
Initiated By: Staff Source:
Parks and Recreation Jerrell Black, Director of Parks and Recreation
Gary Hultberg, Manager of Recreation
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Council approved funding for construction of the Sinclair In-line Hockey and Basketball Court
project in the 2007 Arapahoe Open Space budget. Council also approved an Intergovernmental
Agreement {IGA), Ordinance No. 38, Series of 2005 with Englewood Schools for the construction,
operation, and maintenance of the facility and adjacent parking lot.
RECOMMENDED ACTION
Staff recommends that Council approve, by Motion, a contract in the amount of $63,500 with the
low bidder, Churchlch Recreation , LLC. of Boulder, CO, for purchase of in-line hockey rink
equipment and installation.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Parks and Recreation and Publi c Works staff met with Englewood School officials and Sinclair
neighbors at a school sponsored public meeting in February 2004 regarding redevelopment of the
Sinclair pool and tennis courts sites. The consensus was to restore the pool area to irrigated
bluegrass and replace the minimally used tennis co urts to a basketball court and in-line hockey rink.
The City entered into an IGA wi th the School District in August 2005 d efi n ing joint responsibility
between the City of Englewood and Englewood Schools for operation and maintenance.
FINANCIAL IMPACT
The con tract pri ce of $63 ,500 is within th e approved 2007 Open Space budget.
LIST OF ATTACHMENTS
Bid Tabulation Sheet
Bid Proposal
Contract
City/School lntergo rnmental Agr m nt
City of Englewood Bid Tabula tion Sheet
B id Opening : 1/11/07 10:00 a.m.
ITEM : IFB-06-145 Recreation Center lnline Hockey Rink
Bid Bond lnline Hockey
Vendor Y/N Rink Equipment
Premi er Rinks LLC
Juli e, 800-809-7465 s -
15300 25th Ave N.
Minn . MN 55447
Sport Systems Unlimited
Joe, 519-747-1856 s -
685 Rupert St
Waterloo, ON N2V1 N7
MZJ
Richard,303-278-9024 y $ 54,850.00
76n Une Pine Dr
Golden, CO 80403
Rink Systems, Inc.
Sean 507-373-9175 y s 54,800.00
1103 Hershey St
Albert Lea, MN 56007
Churchich Recration LLC
Chris 800-729-7529 y s 52 ,000.00
117' Four Rivers Rd
Boulder, co 80301
Installation Total Bid Exceptions:
s -s -NO BID
s -$ -NOBID
See Bid Documents
$ 13,100.00 $ 67 ,950 .00 Bid bond received in form of check
#239990137 @ $3400.00
See Bid Documents
$ 9,950.00 $ 64,750.00 Bid bo nd received in form of check
#135170 @ $3400.00
See Bid Documents
$ 11,500.00 $ 63,500.00
BID PROPOSAL
IN-LINE HOCKEY RINK EQUIPMENT & INSTALLATION
Item Est. Price Extended
No. Description Qty . Each Price
1. lnline Hockey Rink Equipment $ "51,000 " $5l, 0 0 0 '.!:
I
$i 1/500 ·; "" 2 . Installation (lump sum) $if 500·--~--
TOTAL BID $ ,i~ 6Q o·..t ,
Each Proposing Firm shall determine prior to submitting a Bid that they have received all Addenda
issued , and will acknowledge the receipt on this bid proposal form . Receipt of copies of the following
amendment(s) is (are) hereby acknowledged:
Addendum (s) No . Date Acknowledged
Does your company accept payment in the form of a credit card? Yes / No _ ( ViSA OIZ M~s,~12.0)
Estimated date of delivery r;8.D . flr nmE OF i-)VVi9Rt).
ALL MATERIAL F .O .B . CITY OF ENGLEWOOD
Sinclair Middle School
300 W Chenango
Englewood, CO 80110
Invoice Terms : NE[ ... ~8_0_· -~
Pri ce quote firm for 180 days .
Title
C 1-h -1,?l' I fl tN RE{ RE nn otJ, l l C' .
Com_pany
1t:11-1 F011 >< g,v1;1{5 go . BOt I Uk+~, r o.
Address '
BOO 1Zt-l ]5ZC[ {)/Z 3(Y.; 530 44 /t.f
Telephone
0 1. oq .07
fi)30 /
CONTRACT
CITY OF ENGLEWOOD, COLORADO
THIS CONTRACT and agreement, made and entered into this ~fh day of March, 2007, by and
between the City of Englewood, a municipal corporation of the State of Colorado hereinafter referred
to as the "City", and Churchich Recreation, LLC, 7174 Four Rivers Rd., Boulder, CO 80301 here after
referred to as the "Contractor", commencing on the '.5" 11\day of March 2007, and continuing for at
least ten (10) days thereafter the City advertised that sealed proposals would be received for
furnishing all labor, tools, supplies, equipment, materials and everything necessary and required for
the following:
PROJECT: IN-LINE HOCKEY RINK EQUIPMENT & INSTALLATION
WHEREAS, proposals pursuant to said advertisement have been received by the Mayor and City
Council and have been certified by the Director of Parks and Recreation to the Mayor and City
Council with a recommendation that a contract for work be awarded to the above named Contractor
who was the lowest reliable and responsible bidder therefore, and
WHEREAS, pursuant to said recommendation the Contract has been awarded to the above name
Contractor by the Mayor and City Council and said Contractor is now willing and able to perform all of
said work in accordance with said advertisement and his proposal.
NOW THEREFORE, in consideration of the compensation to be paid the Contract, the mutual
agreements here inafter contained :
A . Contract Documents : It is agreed by the parties hereto that the following list of instruments,
drawings and documents which are attached or incorporated by reference constitute and
shall be referred to either as the Contract Documents or the Contract and all of said
instruments, drawings, and documents taken together as a whole constitute the Contract
between the parties hereto and they are as fully a part of this agreement as if they were set
out verbatim and in full :
Invitation for Bid
Contract (this instrument)
General Conditions & Minimum Specifications
B. Scope of Work: The Contractor agrees to and shall furnish all labor, tools, supplies,
equipment, materials and everything necessary for and required to do, perform and
complete all the work described, drawn, set forth, shown and included in said Contract
Documents.
C. Terms of Performance: The Contractor agrees to undertake the performance of the work
under this Contract within 1 O days from being notified to commence work by the Director of
Parks and Recreation and agrees to fully complete said work within 60 calendar days, plus
such extension or extensions of time as may be granted by the Director of Parks and
Recreation in accordance with the provisions of the Contract Documents and
Specifications.
D. Indemnification: The city cannot and by this AgreemenUContract does not agree to
imdemnify, hold harmless, exonerate or assume the defense of the Vendor or any other
person or entity, for any purpose. The Vendor shall defend, indemnify and save harmless the
City, its officers, agents and employees from any and all claims, demands, suits, actions or
proceedings of any kind or nature including Worker's Compensation claims, in any way
resulting from or arising out of this AgreemenUcontract: provided, however, that the Vendor
need not indemnify or save harmless the City, its officers, agents and employees from
damages resulting from the sole negligence of the City's officers, agents and Employees .
E. Termination of Award for Convenience: The City may terminate the award at any time by
giving written notice to the successful vendor of such termination and specifying the effective
date of such termination, at least thirty (30) days before the effective date of such termination .
In that event all finished or unfinished service, reports , material (s) prepared or furnished by the
successful firm after the award shall, at the option of the City, become its property. If the
award is terminated by the City as provided herein, the successful firm will be paid that amount
which bears the same ratio to the total compensation as the services actually performed or
material furnished bear to the total services/materials the successful firm covered by the
award, less payments of compensation previously made. If the award is terminated due to the
fault of the successful firm, the clause relating to termination of the award for cause shall apply.
F. Termination of Award for Cause: If, through any cause , the successful firm shall fail to fulfill in
a timely and proper manner its obligations or if the successful firm shall violate any of the
covenants , agreements or stipulations of the award, the City shall have the right to termina te
the award by giving written notice to the successful firm of s uch termination and spe cifyi ng the
effecti ve date of termi nation . In that eve nt , all furnis hed or unfi nished services, at the option of
the City, become its property, and the successful firm shall be entitled to receive just, equitable
compensation for any satisfactory work documents, prepared completed or materials as
furnished.
Notwithstanding the above , the successful firm shall not be relieved of the liability to
the City for damages sustained by the City by virtue of breach of the award by the
successful firm, and the City may withhold any payments to the successful firm for
the purpose of set off until such time as the exact amount of damages due the City
from the successful firm is determined .
G. Terms of Payment: The City agrees to pay the Contractor for the performance of all the
work required under this contract , and the Contractor agrees to accept as his full and only
compensation therefore, such sum or sums of money as may be proper in accordance with
the price or prices set forth in the Contractor's proposal attached and made a part hereof,
the total estimated cost thereof being Sixtythree thousand, five hundred dollar and no cents
($63,500.00).
H. Appropriation of Funds : At present, $ 63,500.00 has been appropriated for the project.
Notwithstanding anything contained in this Agreement to the contrary, in the event no funds
or insufficient funds are appropriated and budgeted by the governing body or are otherwise
unavailable in any following fiscal period for which appropriations were received without
penalty or expense except as to those portions of the Agreement or other amounts for
which funds have already been appropriated or are otherwise available. The City shall
immediately notify Churchich Recreation , LLC or its assignee of such occurrence in the
event of such termination.
I. Contract Binding : It is agreed that this Contract shall be binding on and insure to the benefit
of the parties hereto, their heirs, executors, administrators, assigns, and successors.
Verification of Compliance with C.R.S. 8-17.5-101 ET.SEQ. Regarding Illegal Allens
(a) Employees, Contractors and Subcontractors: Contractor shall not knowingly employ or
contract with an illegal alien to perform work under this Contract. Contractor shall not contract with a
subcontractor that (i) knowingly employs or contracts with an illegal alien to perform work under this
Contract or (ii) fails to certify to the Contractor that the subcontractor will not knowingly employ or
contract with an illegal alien to perform work under this Contract. [CRS 8-17.5-102(2)(a)(I) & (II).]
(b ) Verification : Contractor has verified or attempted to verify through participation in the
"basic pilot prog ram " (a uthorized by P.L.204 of 104th Cong ress and amended by P .L.156 of 108th
Congress) th at Co ntracto r do es not employ any illegal aliens. And , if not accepted into the "basic
pilot program" prior to entering into this Contract, Contractor further verifies, Contra ctor w ill app ly to
participate in the "basic pilot program" every three months until Contractor is accepted or this Contract
is comp leted, whichever is earlier. [CRS 8-17 .5-102(2)(b)(I).]
FEB-13-2007 TUE 09:36 AH EN GL EWO OD RECR EATION FAX NO . 303 76 22688 P. 06 /06
(c) Limitation regarding the "Basic Pilot Program: Contractor shall not use basic pilot
program procedures to undertake pre-employment screening of job applicants while periorming this
Contract. [CRS 8-17 .5-102(2)(b)(II).]
(d) Duty to Terminate a Subcontract: If Contractor obtains actual knowledge that a
subcontractor performing work under this Contract knowingly employs or contracts with an Illegal
al ien, the Contractor shall;
(1) Notify the subcontractor and the City within three days that the Contractor has
actual knowledge that the subcontractor is employing or contracting with an illegal alien; and
(2) Terminate the subcontract with the subcontractor if, with i n three days of receiving
notice that the Contractor has actual knowledge that the subcontractor is employing or
contracting with an illegal alien, the subcontractor does not stop employing or contracting with
the illegal alien . [CRS 8-17.5-102(2)(b)(lll)(A) & (B).]
(3) Exception : If · the subcontractor provides information to establish that the
subcontractor has not knowingly employed or contracted y.ith an illegal alien and the
subcontractor stops employing or contracting with the illegal alien.
(e) Duty to Comply with State Investigation : Contractor shall comply with any reasonable
request of the Colorado Department of Labor and Employment made in the course of an
investigation pursuant to C.R.S. 8-17 .5-102 {5). [CRS 8-17 .5-102(2){b)(lV).)
(f) Damages for Breach of Contract: The City may terminate this contract for a breach of
contract. in whole or in part, due to Contractor's breach of any section of this paragraph.
Contractor shall be liable for actual and consequential damages to the City in addition to any
other legal or equ itable remedy the City may be entitled to for a breach of this Contract.
IN WITNESS WHEREOF, the parties have caused these presents to be signed personally or by their
duly authorized officers or agents and th ei r seals affixed and duly attested the day and year first
a bo ve writte n.
This Co nt ract is ex ecute d in 4 count e rparts .
Churchich Recreat ion, LLC CITY OF ENGLEWOOD
Contractor . ?% £i',,.,.,--:, ~ ;l ·t,-·
by (~tJ ~ ·l,z -.:-..,c:..-<'l
Party of the Second Part
by--------------
Mayor
Party of the First Part
ATIEST:
C ity Clerk
AGREEMENT
DEFINING JOINT RESPONSIBILITY BETWEEN THE CITY OF
ENGLEWOOD AND ENGLEWOOD SCHOOL DISTRICT
This Agreement, dated and effective as of ~f/s , 2005, is by and among the
City of Englewood, Colorado, a municipal corporation,bose address is 1000 Englewood
Parkway, Englewood, Colorado 80110; and the Englewood Schools, Colorado, whose address is
410 I South Bannock Street, Englewood, Colorado 8011 O; to cooperate in a Multi use
Recreational Facility to be located at Sinclair Middle School.
This Agreement is to clarify the care and maintenance of such Multiuse Recreational
Facility (Facility) and associated amenities located at Sinclair Middle School 300 West Chenango
Englewood, Colorado 80110.
These amenities shall include the concrete playing surface, outdoor regulation basketball
court an inline hockey rink with benches, player benches, portable storage shed and adjacent
parking lot.
This Facility will be designed in accordance with the attached Exhibit A.
As part of this Agreement the City of Englewood agrees to be responsible for :
1. All costs associated with the planning and construction of the concrete pad and
recreation amenities.
2 . Ongoing maintenance and repair of the recreational amenities , pad surface and
surrounding fencing/gates.
3 . Scheduling of the Facility after school hours, weekends and non-school days.
Scheduling preference will be given to Sinclair School students .
4 . Routine maintenance of the adjacent parking lot. (i.e . trash removal, snow
removal , sw eeping, str iping and minor p o thol e repair)
5. Seventy percent (7 0%) of the cost of capital repair of the parking lot., (i.e.
structural repair, asphalt overlay, parking curb replacement).
As part of this Agreement the Englewood Schools shall be responsible for :
1. Thirty percent (30%) of the cost of capital repair of the parking lot , (i .e . structural
repair, asphalt overlay, parking curb replacement).
2. Storrnwater User Fees .
3 . Scheduling of the Facility during school hours .
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be signed as
of the date first written above .
CITY OF ENGLEWOOD, COLORADO
Mayor
ENGLEWOOD SCHOOLS
Title: Pr esident, Bo~rd .of Edu cp t ~on
( COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
March 5, 2007 llcili Award Contract for Sinclair In-line Hockey and
Basketball Court Construction
Initiated By: Staff Source:
Parks and Recreation Jerrell Black, Director of Parks and Recreation
Gary Hultberg, Recreation Manager
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Council approved funding for construction of the Sinclair In-line Hockey and Basketball Court
project in the 2007 Arapahoe Open Space budget. Council also approved an Intergovernmental
Agreement (IGA), Ordinance No. 38, Series of 2005 with Englewood Schools for the construction,
operation and maintenance of the facility and adjacent parking lot.
RECOMMENDED ACTION
Staff recommends that Council approve, by Motion, the contract in the amount of $225,756 with
the low bidder, LE. Renner Sports Surfaces of Denver, CO, for construction of an in-line hockey rink
and basketball facility.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Parks and Recreation and Public Works staff met with Englewood School officials and Sinclair
neighbors at a school sponsored public meeting in February 2004 regarding redevelopment of the
Sinclair pool and tennis courts sites. The consensus was to restore the pool area to irrigated
bluegrass and replace the minimally used tennis courts to a basketball court and in-line hockey rink.
The City entered into an IGA with the School District in August 2005 defining joint responsibility
between the City of Englewood and Englewood Schools for operation and maintenance.
FINANCIAL IMPACT
The contra ct price is $225,756. The c apital expenditure will be fu nded from the Arapahoe Open
Space 2007 approved budget.
LIST OF ATTACHMENTS
Bid T bulation Sheet
Contract
City/S hool Intergovernmental Agreement
n •,
(' ('
-
I m I City of Englewood Bid Tabulation Sh ee t I
Bid Opening: 2/08/07 10:00 a.m .
ITEM: ITB-07-103, IN-LINE HOCKEY AND BAS KETBALL FACILITY RE-BID
Bid Rece i pt of
P Cards Bond Ad dendum
Vendor Y/N Y/N #1 ,, Lump Sum Exceptions : .
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FEB-13-2007 TUE 09 :33 AM ENGLEWOOD RECREAT ION FAX NO. 3037622688 P. 02
CONTRACT
CITY OF ENGLEWOOD, COLORADO
THIS CONTRACT and agreement, made and entered into this r;;'f)day of March, 2007, by and
between the City of Englewood, a municipal corporation of the State of Colorado hereinafter
referred to as the "City", and LE. Renner Sports Suriaces, 775 Canosa Ct, Denver, CO 80204
here after referred to as t11e "Contractor'', commencing on th<£'-H'day of March, 2007, and
continuing for at least ten (10) days thereafter the City advertised that sealed proposals would
be received for furnishing all labor, tools, supplies, equipment, materials and everything
necessary and required for the following :
; PROJECT: In-line Hockey and Basketball Faclllty
WHEREAS, proposals pursuant to said advertisement have been received by the Mayor and
City Council and have been certified by the Director of Publ ic Works to the Mayor and City
Council with a recommendation that a contract for work be awarded to the above named
Contractor who was the lowest reliable and responsible bidder therefore, and
WHEREAS, pursuant to said recommendation the Contract has been awarded to the above
name Contractor by the Mayor and City Council and said Contractor is now willing and able to
perform all of said work in accordance with said advertisement and his proposal.
NOW THEREFORE,·in consideration of the compensation to be paid the Contract, the mutual
agreements hereinafter contained :
A. Contract Documents : It is agreed by the parties hereto that the following list of
instruments, drawings and documents which are attached or incorporated by
reference constitute and shall be referred to either as the Contract Documents or the
Contract and all of said instruments, drawings, and documents taken together as a
whole constitute the Contract between the parties hereto and they are as fully a part
of this agreement as if they were set out verbatim and In full:
I
Invitation to Bid
Contract (this instrument)
Special Provisions Insurance
Performance Payment Ma intenance Bond
Contract Specifications
General Conditions
Special Provisions
Bid Proposal Form
Drawings, Cover sheet and L-1, L-2, L-3, L-4, IR·1, IR-2 , D-1 & D-2
FEB -13-200 7 TUE 09 :34 AM EN GLEWOO D RECREATIO N FA X NO. 303 76226 88 P. 03
B. Scope of Work : The Contractor agrees to and shall furnish all labor, tools, supplies,
equipment, materials and everything necessary for and required to do, perform and
complete all the work described, drawn, set forth, shown and included in said
Contract Documents.
C. Terms of Performance: The Contractor agrees to undertake the performance of the
work under this Contract within 10 days from being notified to commence work by the
Director of Public Works and agrees to fully complete said work within 80 calendar
days, plus such extension or extensions of time as may be granted by the Director of
Public Works in accordance with the provisions of the Contract Documents and
Specifications.
D. Indemnification: The city cannot and by this Agreement/Contract does not agree to
imdemnify, hold harmless, exonerate or assume the defense of the Vendor or any
other person or entity, for any purpose. The Vendor shall defend, indemnify and save
harmless the City, its officers, agents and employees from any and all claims,
demands, suits, actions or proceedings of any kind or nature including Worker's
Compensation claims, in any way resulting from or arising out of this
Agreement/contract: provided, however, that the Vendor need not indemnify or save
harmless the City, its officers, agents and employees from damages resulting from the
sole negligence of the City's officers, agents and Employees .
E. Termination of Award for Convenience: The City may terminate the award at any
time by giving written notice to the successful vendor of such termination and
specifying the effective date of such termination, at least thirty (30) days before the
effective date of such termination. In that event all finished or unfinished service,
reports, material (s) prepared or furnished by the successful firm after the award shall,
at the option of the City, become Its property. If the award is terminated by the City as
provided herein, the successful firm will be paid that amount which bears the same ratio
to the total compensation as the services actually performed or material furnished bear
to the total, services/materials the successful firm covered by the award, less payments
of compensation previously made . If the award is terminated due to the fault of the
successful firm, the clause relating to termination of the award for cause shall apply .
F. Terminatiol) of Award for Cause : If, through any caus e, the successful firm shall fail to
fulfill in a timely and proper manner its obligations or if the successful firm shall violate
any of the covenants, agreements or stipulations of the award, the City shall have the
right to terminate the award by giving written notice to the successful firm of such
termination and specifying the effective date of termination . In that event, all furnished
or unfinished services, at the option of the City, become its property, and the successful
firm shall be entitled to receive just, equitable compensation for any satisfactory work
documents, prepared completed or materials as furnished.
FEB-13-2007 TUE 09 :34 AM ENGLEWOOD RECR EATI ON FA X NO. 3037622688 P. 04
Notwithstanding the above, the successful firm shall not be wlieved of the
liability to the City for damages sustained by the City by virtue of breach of
the award by the successful firm, and the City may withhold any
payments to the successful firm for the purpose of set off until such time as
the exact amount of damages due the City from the successful firm is
determined .
G. Terms of Payment: The City agrees to pay the Contractor for the performance of all
the work required under this contract, and the Contractor agrees to accept as his full
and only compensation therefore, such sum or sums of money as may be proper in _
accordance with the price or prices set forth in the Contractor's Two hundred twenty
five thousand seven hundred fifty-six dollars and no cents ($225,756 .00).
H. Appropriation of Funds: At present, $225,756.00 has been appropriated for the
project. Notwithstanding anything contained in this Agreement to the contrary, in the
event no funds or insufficient funds are appropriated and budgeted by the governing
body or are otherwise unavailable in any following fiscal period for which
appropriations were received without penalty or expense except as to those portions
of the Agreement or other amounts for which funds have already been appropriated
or are otherwise available. The City shall immediately notify L. E. Renner or its
assignee of such occurrence in the event of such termination.
l. Contract Binding: It is agreed that this Contract shall be binding on and insure to the
benefit of the parties hereto, their heirs, executors, administrators, assigns, and
successors ..
Verification of Compliance with C.R.S. 8-17.5-101 ET.SEQ. Regarding Illegal Aliens
(a) Employees, Contractors and Subcontractors : Contractor shall not knowingly
employ or contract with an illegal alien to perform work under this Contract. Contractor shall not
contract with a subcontractor that (i) knowingly employs or contracts with an illegal alien to
perform work under this Contract or (ii) fails to certify to the Contractor that the subcontractor
will not knowingly employ or contract with an illegal alien to perform work under this Contract.
[CRS 8-17 .5-102(2)(a)(I) & (II).]
(b) Verification : Contractor has verified or attempted to verify through participation in
the "basic pilot program" (authorized by P.L.204 of 104th Congress and amended
by P.L.156 of 108tli Congress) that Contractor does not employ any Illegal aliens .
And, if not accepted into the "basic pilot program" prior to ente ring into this
Contract, Contractor further verifies, Contractor wlll apply to participate in the
"basic pilot program· every three months until Contractor is accepted or this
Contract is completed, whichever is earlier. [CRS 8-17 .5-102(2)(b)(l).J
FEB -13-2007 TU E 09 :34 AM EN GLEWOOD RECREAT ION FAX NO. 3037622688 P. 05
(c) Limitation regarding the "Basic Pilot Program : Contractor shall not use bas ic
pilot program procedures to undertake pre-employment screening of job applicants while
performing this Contract. [CRS 8-17 .5-102(2)(b )(II).]
(d) Duty to Terminate a Subcontract: If Contractor obtains actual knowledge that a
subcontractor performing work under this Contract knowingly employs or contracts with an
illegal alien, the Contractor shall;
(1) Notify the subcontractor and the City within three days that the Contractor
has actual knowledge that the subcontractor is employing or contracting with an illegal
alien; and
(2) Terminate the subcontract with the subcontractor if, within three days of
receiving notice that the contractor has actual knowledge that the subcontractor is
employing or contracting with an illegal alien, the subcontractor does not stop employing
or contracting;with the illegal alien. [CRS 8-17.5-102(2)(b)(lll)(A) & (B).J
(3), Exception: If the subcontractor provides information to establish that the
subcontractor has not knowingly employed or contracted with an illegal alien and the
subcontractor stops employing or contracting with the illegal alien .
(e) Duty to Comply with State Investigation: Contractor shall comply with any reasonable
request of the Colorado Department of Labor and Employment made in the course of an
investigation pursuant to C .R.$. 8-17 .5-102 (5). [CRS 8--17.5-102(2)(b)(IV).]
(f) Damages for Breach of Contract: The City may terminate this contract for a breach of
contract, in whole or in part, due to Contractor's breach of any section of this paragraph.
Contractor shall be liable for actual and consequential damages to the City in addition to
any other legal or equitable remedy the City may be entitled to for a breach of th is
Contract.
IN WI TNESS WHEREOF , the parties have caused these presents to be s igned personally or by
th eir duly authorized officers or agents and the ir seals affixed and duly attested the day a nd
year first ab ove written.
This Contract is executed in 4 counterparts.
L.E . Renner Sports Surfaces ___ _
contractor
by~ ~0---\IP
P~oft~rt
A~L
!ef sfuetary
CITY OF ENGLEWOOD
by ~~~~~~~~~~~~
Mayor
Party of the First Part
AITEST:
City Clark
(.
AGREEMENT
DEFINING JOINT RESPONSIBILITY BETWEEN THE CITY OF
ENGLEWOOD AND ENGLEWOOD SCHOOL DISTRICT
This Agreement, dated and effective as of f Is , 2005 , is by and among the
City of Englewood, Colorado, a municipal corporation, hose address is 1000 Englewood
Parkway, Englewood, Colorado 80110; and the Englewood Schools , Colorado, whose address is
4101 South Bannock Street, Englewood, Colorado 80110 ; to cooperate in a Multiuse
Recreational Facility to be located at Sinclair Middle School.
This Agreement is to clarify the care and maintenance of such Multiuse Recreational
Facility (Facility) and associated amenities located at Sinclair Middle School 300 West Chenango
Englewood, Colorado 80110 .
These amenities shall include the concrete playing surface, outdoor regulation basketball
court an inline hockey rink with benches, player benches, portable storage shed and adjacent
parking lot.
This Facility will be designed in accordance with the attached Exhibit A.
As part of this Agreement the City of Englewood agrees to be responsible for :
I.
2.
3.
4 .
5.
All costs associ ated with the planning and construction of the c oncre te pad and
recreation amenities .
Ongoing maintenance and repair of the recreational amen ities , pad surface and
surrounding fencing/gates.
Scheduling of the Facility after school hours , weekends and non-school days .
Scheduling preference will be given to Sinclair School students .
Routi ne maintenance of the adjacent parking lot. (i .e. trash removal , snow
removal , sweeping, strip in g and minor pothole re pai r)
Seventy percent (70%) of the cost of cap ital repair of the parkin g lot., (i.e.
structural repair, asphalt overlay, parking curb replacement).
As part of this Agreement the Englewood Schools shall be responsible for:
I. Thirty percent (30%) of the cost of capital repair of the parking lot, (i .e . structural
repair, asphalt overlay , parking curb replacement).
2. Storrnwater User Fees .
3. Scheduling of the Facility during school hours.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be signed as
of the date first written above .
CITY OF ENGLEWOOD, COLORADO
Mayor
ENGLEWOOD SCHOOLS
Title : President 1 Bo~rd .of Educat~on