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Home My WebLink About1983-10-03 (Regular) Meeting Agenda• • - CITY COUNCIL MEETT october 3, 1983 0 -REGU LAR • • • - 0 0 a.'Y1et-. I . . ) ( 7:30 P.M. 2. / /J.t.t +-u / 't)~&1J.:.l ' • • - AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL OCTOBER 3, 1983 __.~-,.., h , /¥ • ) I IJJ)I O K- Call to order, invocation by f'ee-ar v :us 1Jillett 1 '{; )')L #'lU. First Baptist Church, 3170 South Broadway, pledge ':-1..1.. t, 6-...-, of allegiance by Boy Scout Troop f92, and roll ca11. 1 J~tlJ .. -r: .::)100 Atu:.u..._' Minutes. /.,va 1 uu 4 (a) Minutes of the regular meeting of September 19, j 1983. (Copies enclosed.) Pre-Scheduled Visitors. (Please limit your pre- sentation to 10 minutes.) (a) Coaches and Members of the Englewood Old Timers Baseball program will be present to accept recognition awards. 1 J. Other Visitors. (Please limit your presentation to 5 minutes.) Public H ar ing . (a) Ordinance on final reading adding S ction 22.4E to the Compr hensive Zoning Ordinance of 1963, as amended, regulating the conversion of apart- ents o condomini •· • • ( • • - Page 2 October 3, 1983 Agenda 5. Communications-No Action Recommended (Continued). (c) Minutes of the Public Library Board meeting of September 13, 1983. (Copies enclosed.) (d) Minutes of the Downtown Development Authority meeting of September 14, 1983. (Copies enclosed.) (e) Memorandum from the Director of Engineering Services to the City Manager concerning his attendance at the American Public Works Associ- ation Congress and Equipment Show in Detroit, Michigan. (Copies enclosed.) 6. Communications -Action Recommended. 7 . City Att orney . Ordinance on Final Reading. (a) Ordinance amending the Englewood Municipa l Code of 1969, as amended, by adding Subsection (d) to Section 3, Chapter 3 , Title II , pro- viding a definition of •rnst itution • in the Uniform Fire Code . (Copies enclosed.) Bills for Ordinances . (b) I Bill d ignating the eaergency respons authority for hazardous substance incidents occurring within the City of Englewood by adding S ction 14, Chapter 1 , Title II, to the Englewood Municipal Cod of 1969 as a nd d. (Copies enclosed.) ill approving an agree• nt with the Arapahoe Coun y eri f's Dep rta n for •u ual aid in hazardous subs anc inciden s. (Copies enclos d.) ill approving an agreeaent with the Ar paho Library District to better library to citizen of Engle od and he (Cop es enclo• d.) • • • -• • • Page 3 October 3, 1983 Agenda 7. City Attorney (Continued). 8. 9. Other Matters. (e) Attorney's -d._.i_OC.<-LA> <U. <'"--' tD-1 /-!3 City Manager. (a) (b) Council Communication from the Director of Engineering Services concerning award of bids for the concrete replacement program for 1983. (Copies enclosed.) Council Communication from the Director of Engineering Services concerning the award of bid for the Broadway overlay project. (Copies enclosed.) Council Communication from the Urban Renewal Authority concerning a Resolution amending the Public Improvement Fund. (Copies enclosed.) Resolution amending the General Fund and request- ing approval of an agreement between the cities of Aurora and Englewood for retrospective conversion of collection using Aurora Public Library's CLSI computer system. (Copies enclosed.) Manager's Choice. -. General Discussion. --C (a) Mayor's Choice. -yJ t '),7) t'O )I.. (I (b) Council Membe 's -Y ;n --o .J J>) < '711.~ ")....... Choice. Lv 10. Adjournment. l!oJ..({:,.. ci:P:anaqer AM /•b • • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Higday Neal Fltzoatrick Weist Bllo Bradshaw Otis J1 {9!: ~ ~ ~(~/1 ~ ]huv. t:l. -....../ {J Q--l~lj Ju~ ~'L ~(l ! ..,J- .h ~-rl- /))c.. /.I f(, ~ .J \ ( J,~ r;xj J • • • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain H1gday t..-- Neal v-- Fitzpatrick 1---- Weist t.-- Bi lo ,_...-- Bradshaw J..-- Otis v ' ' • • • - • • ROLL CALL /a-. • - • , . • ROLL CALL Moved n ed Seco d Ayes Nay Absent Abstain [.._ 1- ~ I HfQdav - Nea'T T -f--Fl ~zoatrick I l---1 Weest r Bi lo I -,-f--~ I I Bradshaw J Otis r I I j - I • • • • - • • ROLL CALL Moved Seconded A yes N ay Absent Abstain Hiqdav Neal Fltzoatrick Wei st Bi lo Bradshaw Otis ~ J. 0 I f" ~ ) v'J"" oJ-~tL<lNd. a ' - I . , • • .. • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hiqday Neal Fitzpatrick Weist Bilo Bradshaw Otis • • • • • • ROLL CALL Mov e d Seconded Ayes Nay Absent Abstain Hiqday .. ..-- Nea l v-Fitzpatrick Weist Bi lo (...-"" Bradshaw Otis \._iJ ( -Lu ft , '1(.() l ~ y ~ cc ( ( " l~ ) ' ~ "'----._ ~( 0' lt.. ( H "--J )ta 1 t t.-J .0 - • • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hiqday - Neal I .......... Fitzoatrick I Weist I .... Bi lo I Bradshaw I Otis I . • • - • •' • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Higday _. v Neal I Fitzoatrick I Weist I 1---Bi lo I Bradshaw J Otis I I • • • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Higday -Neal I --Fl tzoatrick Weist Bi lo ---Bradshaw Otis • • • • ROLL CALL Seconded Ayes Nay Absent Abstain H 1 ~day Neal ~ Fitzoatrick Weist Bi lo -,...,.. Bradshaw Otis -----tALc~ ( L<..{{_.t v ( xf;_ t.. )..) ~~ ,((:._, t t'-' f • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hiqaav Neal Fi tzoatr i ck Weist Bi lo Bradshaw Otis J • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain ~ioaav -Neal J Fitzpatrick I Weist --~ Bi lo l Bradshaw I Otis r • • • • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlgday v-Neal Fitzoatrick Weist v Bi lo Bradshaw Otis 1b . 3 • • • • • ,. • ROLL CALL Moved Seconded Ayes Nay Absent Abstain H1gday -Neal I Fitzpatrick 7 Weist Bi lo Bradshaw Otis I • • • • • - ROLL CALL Moved Seconded Ayes Nay Absent Abstain Higday Neal Fitzpatrick Weist v Bi lo v Bradshaw Otis Cftct /))-,__. --' _ .... /L tL ~ (!_, ~ ( r 2{ /1.-~-~ < (_ \ _.-C' ) I /"" r' c, • • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Higday -Neal I ~ Fitzpatrick T Weist I Bi lo ....... Bradshaw Otis I • • • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hiqday Neal Fitznatrick Weist Bi lo Bradshaw Otis -~ ") v I . • • • • - ROLL CALL Mov ed Seconded Ayes Nay Absent Abstain Higday -v Heal I Fitzpatrick I Weist I v Bi lo I Bradshaw I Otis 1 ) I . . • • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hi qday - Nea l I Fl tzpatrick I Weist --v' Bilo v Bradshaw Otis g {]_!__ '-rJ ( t C,.,-t 'L 0 t rf2 ~ 'P(c' 14 f ) [ ~ /~))'+ 0 (}-G__d • ( ?lv !---"' t tCf . ~ () I . • • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlgday -....--Neal I £--Fitzpatrick Wei st Bi lo Bradshaw Otis I • • • • - • • ROLL CALL Cffir Moved Seconded Ayes Hay Absent Abstain -HiQdav Heal ,__._-Fitzpatrick Weist Bi lo £,./ Bradshaw Otis I • • • • • • ROLL CALL Moved Seconded A yes N ay Absent Abstain Higdav Neal Fltzoatrick Weist Bi lo Bradshaw Otis h -{ I (; 1 J , .r fr~c_ t " L J1A.._., Lf< (. 1 ) I • J c ( {J (J lu-1 vu {} ~) I . • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Higday Neal Fltzoatrick Weist Bi lo Bradshaw Oti s / /J r2 af-cfw J-0--I Zu ~ j 'f~~a. ~,..__....~a-)<14' . L-' 1r cb-1 '---' 6 /1/U 1Z-~ · \. ~ 0 (<- {l -----'h __ I . . • - ( REGULAR MEETING: • • • COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO September 19, 1983 /tv The City Council of the City df Englewood, Arapahoe County, Colorado, met in regular session at 7:30 p.m. on September 19, 1983. Mayor Otis, presiding, called the meeting to order. The invocation was given by Pastor Tim Hall, First Baptist Church of Golden, 1825 Washington Avenue, Golden, Colorado. The pledge o f all e giance was led by Boy Scout Troops tl lS and 1154. Mayor Otis asked for roll call. Upon a call of the ro ll , th e vote following were present: Council Member s Higday, Neal, Fitzpatrick, We i st, Bil o, Bradshaw, Otis . Ab sent : None. Th e Mayor declared a quorum p re s e n t . * * Al s o pr esent were: * * * * * * * City Man a g e r McCown Assi s t an t Cit y Attorney Vargas City At to r ney DeW itt Fi r e Chief Broman Dep ut y City Cle rk OWen * * * * * COU NCIL MEMBER BRA DS HAW MOVED TO APP RO VE THE MI NUT ES OF THE REGULAR MEETING OF SEPTE MBER 6 , 1983 . Council Memb er Silo second d the motion. Council Member Fitzpatrick noted a correction on page 2 of h minutes. Th r sults of th vote r garding the street light in the 480 0 block of South Pearl should refl ct Council Member Fitzpatrick vo lng nay. Council Memb rs Bradshaw and Bilo accepted th correc ion as part of the motion to approve the minutes. Upon a call of the roll, the vote resulted a follows: • I • • September 19, 1983 Page 2 Ayes: Nays: • • .. • Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried • • • • • • • • COUNCIL MEMBER FITZPATRICK MOVED TO APPROVE THE PROCLAMATION DECLARING SEPTEMBER 24, 1983 AS "HUNTING AND FISHING DAY". Council Mem- ber Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Mayor Otis presented the proclamation to Larry Strohl who was representing Operation Respect. Mr. Strohl thanked Council for the pro- c lamation and invited them to attend the display at Cinderella City on Saturday. • • • • • • • COUNCIL MEMBER BRADSHAW MOVED TO APPROVE THE PROCLAMATION DE - CLARING THE WEEK OF OCTOBER 16 -22, 1983 AS •NATIONAL BUSINESSWOMEN'S WEEK•. Council Member Higday seconded the motion. Upon a call of the r ol l, the vo te resu l ted as follows: Ay es : Nays: Counc i l Memb e r s Higday, Ne al , Fitzpatri c k, We i s t , Bil o , Bradshaw, Ot is . Non • The Mayor declared he mo ion carried. Mayor Otis presented the proclam tlon to the president of he Business and Prof ssional Women's Club, who in turned expressed appre- cia ion for the recognition . • * • * • * * Mrs. Jan Andrus , Director of To wn of Ll 1 ton Car a (M ala on Wh els), was pres n • Mrs . Andrus e xp lai ned her organ1za ion provided meals o senior ct izena In h Li leton , Engle wood , unlncorpora d Arapaho Coun y, and congr 9• ly a the Br adley House in Lit le on . Mr s . Andrus requested a 3 ,000 .00 dona ton fo r 198 4, 1 20 lncreaa o v er I • • September 19, 1983 Page 3 1983. • • - Council Member Higday asked Mrs. Andrus to provide (for Coun- cil's use at the upcoming budget retreat) a report detailing the organi- zation's revenues and expenditures by entity comparing each entity to the overall budget. Mrs. Andrus stated she would prepare such a report. Mrs. Andrus asked if a Council Member could be appointed to the Board of Directors. Englewood is currently unrepresented on the Board. Mayor Otis asked Mrs. Andrus to send a letter of request for Board appointment. Council Member Bradshaw suggested the appointment be made from senior citizens at the Malley Center. Mrs. Andrus asked for guidance and assistance with various traf- fic tickets her drivers have received. Mrs. Andrus stated the drivers use identification stickers. City Manger McCown stated there may be traffic situations that the drivers violate. He asked Mrs. Andrus to contact Chief Holmes to discuss the special problems she and her drivers have. Mrs. Andrus then gave Council •support Meals On Wheels", bumper stickers and •rhanks• posters proclaiming November 6-12, 1983 as •Nation- al Congregate and Meals on Wheels Week•. * * * * * * * speak. Mayor Otis asked if there were any other visitors wishing to Jim Chamb rs, Public Service Company 3385 South Cherokee, came forward. Mr. Chambers representing Public Service Company and at the request of the Public Utilities Commission offered to buy back 19 street lights along US Highway 285 in vicinity of Cinderella City. COUNCIL M MBER ITZPATRICK MOVED TO ACCEPT A CHECK FOR PAYMENT FOR 19 LICHT POL S 0 US 285. Council M mber Bradshaw s cond d the mo- ion. Upon a call of th roll, the vote resulted as follows: Aye : Council M mbers Higday, Neal, Fitzpatrick, Weist, Bilo, Brad haw, Otis. ays: on • The M yor d clared he mo ion carried . Mr. Cha 1 docu n a ranaac lng ave th he aal ch ck to Mayor 0 is. Mayor 0 is signed Th check and a signed document wa s • • September 19, 1983 Page 4 given to the Clerk. * * * * • • .. * * * Randy Pickrell, 4357 South Galapago, came forward. Mr. Pickrell asked Council to reconsider providing automatic aid to Cherry Hills. Council Member Higday stated action was taken at the last Coun- cil meeting to table consideration of automatic aid . Mr. Higday stated he really was in favor of automatic aid but wanted to wait until the issue of the water tower case, which involved the some people living in Cherry Hills, was heard and determined by the Supreme Court. Mr. Higday stated it was inappropriate to offer automatic aid at the present time to people who were suing the City regarding the water tower. Mr. Higday stated for the interim, mutual aid was sufficient. * * * * * * * COUNCIL MEMBER NEAL MOVED TO OPEN THE PUBLIC HEARING CONCERNING THE GENERAL REVENUE SHARING FUND FOR 1984. Council Member Bradshaw sec- onded the motion. Upon a call of the roll, the vote resulted as fol- lows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Ass istant City Manager Vargas stated the purpose of the hearing was for public comment regarding the general revenue sharing fund. The notice of hearing was published in the Sentinel newspaper. Mr. Vargas stated the amount for 1984 wa s $575,000. Staff was proposing to use the funds in the Police and Fire Departments. Mayor Otis asked for comment from the audience. There w re non • COUNCIL MEMBER NEAL MOVED TO CLOSE THE PUBLIC HEARING. Council Me ber Bilo seconded he motion. Upon a call of the roll, the vote re- sult d as follows: Ayes: Council M mb r Higday, Neal, Fitzpatrick, w 1 , Bilo, Br dshaw, Otis. Nay s : Non e . The Mayor d cla red he 0 ion carried. • * • • * * • • • • .. September 19, 1983 Page 5 COUNCIL MEMBER BRADSHAW MOVED TO OPEN THE PUBLIC HEARING CON- CERNING THE 1984 PROPOSED BUDGET. Council Member Neal seconded the mo- tion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Assistant City Manager Vargas presented summary information co n c erning the proposed 1984 budget. Mr. Vargas stated the budget re- f l ected a basic inflationary adjustment. The 1984 mill levy will in- c rease 3 mills over 1983 because of the electorate vote to build a com- mun i ty c enter. Mr. Vargas stated wi thout considering the community cen- ter bond proceeds received in 1983, the 1984 budget is 2.4t higher than the 1983 budget. Mr. Vargas stated staff is asking for three new posi- tions i n 1984 which are: 1 ) personnel analyst, 2) sales tax auditor, and 3) building maintenance supervisor. The policy of maintaining a $1 mil- lion fund balance wi ll be upheld in 198 3 and in 1984. Mr. Vargas stated pro j e c ts from the pub l i c improvement fund would be along Little Dry Creek, road and bridge, and l andscaping for Santa Fe and Hampden Avenue. Mr. Varga s stated pro j ects from the water fund would be the p i ping of th e City Di t c h (the Li ttleton railway pro j ect) and the Uni o n Avenue pump stat i on. Mr. Varga s s ta t ed pro j ec t s from the sewer fund would be Phase II , expans i on of th e Englewood sewer plant and the so l ids handling fa - cili t i es for wh ic h cos t s wou l d be d i vided between Littleton and Engle- woo d. Mr . Vargas stated the golf cours e f und refl e c t s a no fe e in- crease for 198 4. The fund has become se lf -su ff i cient a nd t h re will b funds to retlr a por ion of d bt s rvice in 19 84. Mr. Varga s s at d h would ans wer any questions at this time1 o her wise furth r det ils would b discussed a the budget retr at sche- duled in the next few day • Mayor Otis asked for comm nts from the audience. Th r w re none . COU NCIL MEM R HIGDAY MOVED TO CLOS TH E PUBLIC H AR I NC . Coun- c il M mber Bilo second d the otion . Upon a call of the roll , th vo resulted as follo ws: I • • September 19, 1983 Page 6 Ayes: Nays: • • - Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * * •communications -No Action Recommended• on the agenda were: (a) (b) Minutes of the Planning and Zoning Commission meeting of August 2, 1983. Minutes of the Urban Renewal Authority meetings of August 3 and 17, 1983. COUNCIL MEMBER FITZPATRICK MOVED TO ACCEPT •coMMUNICATIONS -NO ACTION RECOMMENDED•, AGENDA ITEMS S(A) and S(B). Council Member Neal seconded the motion. Upon a call of the roll, the vote resulted as fol- lows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. Th e Mayor decl a red the motion carried. /~ / * * * * * * * COUNCIL MEMBER BRAD SHAW MOVED TO SEND BACK •coMMUNICATION S -NO ACT IO N RECOMMENDED• AGENDA ITEM S (C) BECAU S E CORRECTIONS WERE MADE TWO WEEK S AG THE MINUTE S WERE PLACED ON THE AGENDA UNCORRECTED. Council Me mb er Hi gd a y s co nd ed h mot i on. Upon a c a ll of the ro l l, the vote resulted as f oll ow s: Ayes: Nays: Council M e~bers Higday , al , F it z pa tric k, w is , Bllo , Bradsha w, 0 ls . one. The Mayor declared the otlon carrl d . * * • * • * * presented • Council Com unieatlon from he tonal appoin • nts o the Par ks a nd R - no ed h School-Ci y Co 1 e a th pOISlblll y o get lng inv olved ln h d cld d h y uld ll e o hav soa • • September 19, 1983 Page 7 • • .. input in the process althought unsure as to what it should be, The Com- mittee directed him to write to the Parks and Recreation Commission ex- pressing a des i re for input. The Parks and Recreation Commission replied t he appointments were the respons i bility of the Commission; therefore the Commiss i on would proceed without any further involvement of the School- City Committee. Mr. McCown stated the response is in conflict with Coun- ci l's direction and asked for clarification from hereon. COUNCIL MEMBER FITZPATRICK MOVED AT THIS TIME IN ORDER TO EX- PEDITE THE PROCESS THAT COUNCIL WAIVE WHATEVER INVOLVEMENT THE SCHOOL- CITY COMMITTEE WANTS UNTIL IT SETS UP CRITERIA THAT IS ACCEPTABLE TO BOTH PARTIES BOTH THE PARKS AND RECREATION COMMISSION AND THE SCHOOL-CITY COMMITTEE AND THAT IT BE ADOPTED LATER. Council Member Bilo seconded the motion. Council Member Higday argued it was not the privilege of the School-City Committee to make appointments. City Attorney DeWitt stated Council Member Higday was legally correct; however, it was permissible to ask for help from the School-City Committee. COUNCIL MEMBER NEAL MOVED TO AMEND THE MOTION TO INCLUDE THE ABILITY OF THE SCHOOL-CITY CO MMITTE E TO FORWARD RE CO MMENDED CANDIDATES TO THE PARKS AND RECREATI ON CO MM ISSION FOR THEIR NEXT MEETING. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote on the amendment res ul ted as follo ws . Ayes: Council Members Neal, Otis. Nays: Council M r Hi day, Fitzp trick, w is , Bilo, Bradshaw . The Mayor declared th amendm nt defeated. COUNCIL MEMBER BILO MOVED TO TABLE ACTION. Council M mber Hig- day second d th motion. Upon a call of th roll, the vo e resulted •• follows: Direc or ne da to will 0 Ayes: Council Member s Higday , Bilo, Bradah w, 0 ia. N ys: Council M mbera Neal, Fi zpetrick, W lat. Th Mayor decl red the otion carried. Council M mber radahew ina rue ed h Rom na o he Park a and R crea o no 1 y he procea a b gin a he high school nd to o! Oc obe 7 . Council M mb r Higdey I a d he Per iaalon h ad end ppoin he 0 ol ac n a n by • September 19, 1983 Page 8 • • .. the two City Council members concurrently with the two school board mem- bers. In the meantime the two Council members of the School-City Commit- tee will determine whether or not any amendments to the existing ordi- nance are appropriate so that they (the School-City Committee) can become involved in this selection process. ORDINANCE NO. 48 SERIES OF 1983 * * * * * BY AUTHORITY * * COUNCIL BILL NO. 48 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE APPROVING A CONTRACT BETWEEN THE CITY OF AURORA AND THE CITY OF ENGLEWOOD PROVIDING FOR THE ENGLEWOOD PUBLIC LIBRARY TO HAVE BIBLIO- GRAPHICAL ACCESS TO THE AURORA PUBLIC LIBRARY CIRCULATION CONTROL SYS- TEM. COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BI LL NO. 48, SERIES OF 1983, ON FINAL READING. Council Member Fitzpatr ic k seconded the motion. Upon a call of the ro l l, the vote resulted as fo l lows: Ayes: Nays: Council Members Higday, Neal, Fit z p at ri c k, We i s t , Bilo, Bradshaw, Otis. Non e . The Mayor de cla red the motion c arried. ORDI NANCE NO. SERIES OF 1983 * * * * * BY AUTHORITY A ILL OR * * COUN CI L BI LL NO. 51 INTRODU CED BY CO UN CIL MEMB ER HIGD AY AN ORDINANC AM NOING THE ENGLE WOOD MUNICIPAL CODE 0 1969 , AS AMEN DED , BY ADDING SUBS CTION (d) TO S CTIO 3 , CHAP TE R 3 , TITL It , P ROVIDI NG A DE I NITIO 0 •r NSTITUTIO • IN THE UNIFOR M FI RE CODE . roman discuaaed he pu r pose of Co uncil Bill No . 51 defin th t r •tns ltu io n• ao that e n fo r c m n of iona wi hln ina 1 utlons could b accoe p l l a h ed . Sw diah Hospit 1 in p rtic ula r hal r quested th is m nt baaed on the inc aaed nu b r o incldenta wh ere e n lnjur d aa reault of a e o k l n9 in b d • • I • September 19, 1983 Page 9 • • .. COUNCIL MEMBER HIGDAY MOVED TO PASS COUNCIL BILL NO. 51, SERIES OF 1983, ON FIRST READING. Council Member Fitzpatrick seconded t he mo-tion. COUNCIL MEMBER BRADSHAW MOVED TO AMEND THE MOTION BY ADDING A SECTION 2 WHICH WOULD BE THE EMERGENCY CLAUSE STATING, •ouE TO THE FIRES THAT HAVE OCCURED AT INSTITUTIONS IN THE CITY OF ENGLEWOOD, THERE IS HEREBY DECLARED AN EMERGENCY AND THIS ORDINANCE SHALL BECOME EFFECTIVE AS AN EMERGENCY ORDINANCE.• Council Member Neal seconded the motion. Upon a c all of the roll, the vote on the amendment resulted as f ol l ows: Ayes : Nays: Counc il Members Higday, Neal, Fi t zpat r ic k, Wei st, Br adshaw, Otis. Council Member Bilo. The Mayor decla red t h e mo tio n ca rr ied . Upon a call of the roll , t he v o t e on the o r iginal motion re-sulted as follo ws : Ayes: Nays: Council Mem b e r s Hi gd ay , Neal , Fit z patrick , Weist , Bradsha w, Otis . Council Member Bilo . The Mayor declared the motion ca rr ied . City Attorney De Witt stated the bill passed but would not be emergency. Emergency ordinance require th e unanimo us vote of Council. Council Member Bilo xplain d the basis of his negativ vote. He could not comprehend ho w th ordinance would be e n forced. Patients will smoke regardless of the regulation . Walt Groditski, Fire Marshall, came forward. Mr. Groditski stat d based on a survey conduct d by the Safety Coordinator of Swedish Hospital almos very large hospital in the me ro area has a no oking policy whether in-house or regulat d by local fir depart• nta. Mr. Grodi ski stated the proble• of patien flrea and b d fires has beco e serious. Swedish Hoapi al has ask d for help in protecting he well- being o all hospi al p raonnel, vial ora, and pa ienta. s oking would be allowed only under certain and afe cond i ions. Council M ber Silo asked hr a lis 0 hospitals ha have the no smo ing ordinanc . Mr. Grodi 1 fire was 0 b a policing a ency for Th was h he abJli y 0 c ll in. or like nyon ela he hat • • September 19, 1983 Page 10 • • .. would be cited into Municipal Court under the provis ions of the fire code. The reason for the ordinance was the term •institution• was not clearly defined in the fire code in order to prosecute somebody. Mr. Groditski was amiable to omitting the emergency clause. * * * * * * * Mayor Otis declared a recess at 9:08 p.m. Council reconvened at 9:15 p.m. Upon a call of the roll, the following were present: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. Absent: None. The Mayor declared a quorum present. * * * * * * * COUNCIL MEMBER BRADSHAW MOVED TO APPROVE THE PROCLAMATION DE- CLARING OCTOBER 3 -7, 1983 AS •MINORITY ENTERPRISE WEEK.• Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote re - sulted as follows : Ayes: Nay s : Counc i l Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. Th e May o r d ecla r ed the motion carried • * • * • * * * City Attorn y De Witt transmitted for Council 's information cor- respondence regarding the deed of gift from the Safeway Stores, th deed of gift from Bea rice Foods, and the opinion and ruling fro the Arapahoe County Oia rict Cour -Sergeants ' Case. • * * * • • • City Manager McCo wn pre ented a Council Com unication fro he Direc or of Public orka concerning he 1983 Concre e R pl cem nt Pro- gram. Mr. McCo wn stated bids w re taken and o n d for the program on September 14, 1983 . Two bids w re submitted , both of which w re un- acceptabl • On was higher than he engin er 's estimate and he o h r, which was he lo bid, waa au i ed withou h requir d bid bond docu- aen • Mr. Cown r co ended the City Council rejec all bids au i d or hla p ojec and au horiz he Oepar en of nglneering rvices o 0 September 19, 1983 Page 11 re-bid the program. • • • COUNCIL MEMBER FITZPATRICK MOVED TO REJECT THE BIDS AS RECOM- MENDED AND TO INSTRUCT STAFF TO RE-BID FOR THE PROGRAM; AND THE BASIS OF REJECTION WAS 1) ONE BID WAS OVER THE ENGINEERING ESTIMATE OF COST; AND 2) THE LOW BID DID NOT MEET REQUIREMENTS ON BONDING. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as fol-lows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * * Fire Chief Broman provided a report on the hazardous substance reclamation by the Fire Department on Friday, September 16, 1 983. * * * * * * * Fire Chief Broman reported the fire incident at 1825 West Union, unincorporated Arapahoe County, on this date. Chief Broman noted even though the area was outside of fire protection districts three agencies responded to the call. Chief Broman stated this area was one of four or five unprotected areas in the vicinity. Costs to fight the fire will be billed to the responsible party, * * * * * * * City Manager McCown reported the engineers have discovered sink- i ng problems by the tennis courts in the detention pond pro j ect. Mr. Mc Cown noted the problem wa s unrelated to the work • * * • • • * • Council ~aber Bred8ha w uked he • eft provide h r with a ap to where th bud9et retreat ill b hi• y er • * • * * • • • There •• no fu r ther busine•• to b dhcus•ed . COU CIL M M R HlGDAY MOV 0 TO ADJO URN. Mayor 0 h djourn d 1JO p .~a . • I • • • • ENGLEWOOD OLD TIMERS BASEBALL TEAMS AWARDS WILL BE PRESENTED TO: State Champions -1983 Burt Chevrolet -Mr . Burt plans to be present - ~\ (h ~ l\0. •'eX '11 ' 0 1 c... 7)l ~ 1a! Coach -B.ob Glover /l ~< "'- Members -Devon Glover Mike Parker David Drew Shawn Wyss UL I /lu.J-~ ~ ........... Dan Weems Ishmael Aceves Steve Ward "tt {. ;; ti.J... -{A.. ;Uu.t){.l Ray Cosby Shane Gamet Greg Crosse Mike Moore Gary Land David Barr District Champions -1983 Go ,...,.,.K>Ja ~ VFW Post 322 (l\'L6-C.Afln;.(?...-~A )z61FV ( !5\·h rt~i.:.:·{ Ht>w t::: -I...AO• <:t6 A-J .>e-,._ ecJ ) Coaches -Robert Goddard fembers - I ke Lane Robert Lane Ryan Godda rd Troy Deering Sean Wal h Chris Lesher Sea.1 Hageman Troy Hageman Pat Lohr / 1.. }( 0 !ike Patt rson Brennan Wallace L onard Ward Greg Wright • D • • I ( f •nl'11 I ovy Jnml"5 Pnr~r Yeu ,,, hon•by notrlr od tho/the above- nnfl""d pet•t•onf!r haa hied 1 'this Court a v('rcl·MI pel·t•M scoktno to dopt tha stap- c'•itrt "·'"'t(( RlJCIY~ l1111l'ol!l ~·nn anogoa yo hnvo abandoned \,_,,~ ch·~ 101 A perlocJ one year or mora tt•Hi o• ,.~-<' hl('ld wrt ut c:ouao 10 provide ro.l·-orab<e support or said child lor one 't'r.nr or rowre "'OU 1'1 h.lllht! 01 1f18d thatUid petit! s ut lOt Marin on September 23. 101 9 C'IO ~ M .n •I Court at 2069 We 111'10n O.•'d 1\lloton. ArapahOe Coro•.,,to vou art tu rthor notllrod that II ta ll to appear lor tl.'l.t1 hearing , the ourt may trHm•rate your parental rl ghll d grant the .1dOPN,, as sought by the p !loner W•tneu "'Y hRnd and 111 thlt 4th day of Et EN M MANNINO \ A,qust1983 Ctork I thO Olll!lct Court Dy I Nancy J Achermen Deputy Clerk F rst rubl•cntton Auguat 24. 19BJ t.,., Pub:ocuuon Soptombor 14 , 19B3 ,,,11 rr.,.,'X'd SN~t rnt't • NOTICI 0 CPIIDITOPII c .. No . IJPflllU EtltUG Ol thy l Fetllngot, Oeceuod, All perao having dalmt agetn" the above-nam estate are required to pres- en! them o the undersigned (Of to lhe D!llrltt our! ot Ar&pahoo County, Colo- rado or before January 20 . 1184, or tlld clal that! be lorev., barred FIRST INTEf\STATE BANK OF ENGLEWOOD. N A. PERSONAl REPRESENT A TIYE B't'; JAMES H. TILOEA, ASS ISTANT VlCI PAEIIOENT AND TRUll 0"1C!A 3333 SOUTH BANNOCK, ENGLEWOOD. CO 10110 (303) 111·1000 BANTA, HOYT, BANTA, GREENE, HANNEN & EVERAll BY PATRICIA LESTER ClOWDUS (REG. 111441 ATTORNEYS FOR PERSONAL REPRESENTATIVE AND ESTATE 333 WEST HAMPDEN AVf., SUITE 100 ENGLEWOOD. CO 10110 • (JOl) 781 ·1940 First Publlcallon: SoptemMr 7. 1983 last Publlcallon · Sapllmber 21 , 1183 Englewood Sonllnel • • • -r NOTIC TO CfiiiDITOPII Ctte o. "'"'II Ellato oi Franc: Evana, Deu .. od All !lOtiOns havt ctatma ogatnst tho obovo-nam~ estate r~tqu lf ed to pUll· ent them to the unda ned (Of to the DIIII IIC:t Coutl of Arl~ County, ColO· radol on or before Jllnuery 1184, Of Mid ctatms 111111 be tore ... er barr FIRST NATIOttiAL BANK PERSONAL REPAESE TIVE OFEN~OOD ,., ATTN. AOIEAT E. J IN, VICE f'AE810 NT AND TRUll OFFICER RUST DEPT •• 3AO FLOOA ' 333 W. HAMPDEN AVE. OLEWOOD. CO 80110 BANTA. UOYT . BA A. GREENE, HANNEN & EVEAA BY · PATRICIA LESTE (REG . 11744) AT10RNEYS FOR PEAS L REPRESENTATIVE AND TATE 333 W HAMPDEN AVE .• SUI ENOLEWOOO, CO 80110 (303) 781 ·8940 First Publlc:allon : September 7, 19 t.ast Publication: September 21 , 198 Englewood Senllnot ":~ "''' ...... "''t"Jat~) • II 1-''UO !lOCI 1~1 u• PIJIII.ll •t oiCI"'"'·• p rll 11~1 e:J•tou pa •auut a t.~t 10 ,,OI It)ltanc1 '""' t\11 01 JOUd l'lll;tll\ l!i UIUI IIO~u tO per •• tj t r: <l04Pd<>'" tO fJ ·_.,..~-:1 l)•lt ut AtP itdnuau. "'" o .. t l , ... ~,. paut:•tond ulf'JQ it"' ra<Jtd S Y ~·· p" 11 .. 1 ~o . .:a!l U0+18tn:J rr:l jiJII18D I stu 1)\JI OOIJOrO:) jO f<•t;;;, <J04"dr ,1 \; )0 );_ .... _, .. , pooMa to w; 10 .\i•:J ~ ~~~ Pl~l lt Qnd radadtMIU (j "t 89~ e I I IWII 141 I~~~ rau-r~uas poo Matf>U3 v•p 10 I ssl I ..1a4s rtcpd lUI WI I 111..11 JIOMI .\jUUJI!OS 01"1 .lP<lt{S "l:f PUUG <" il04tl dtl.l l:f ·~QA,'InO~· Orf'ti~OlOJ iO 3 -: liAVOB~V S.U3HSI180d • • • I I I ' C 0 U N C I L C 0 M M U N I C A T I 0 N DATE AGENDA ITEM SUBJECT The Co nclondniu m Convl!r siull 0 nl l n u n c t: : 1\ 11 u 111 c 1HI111 c u c c u t h t: c u 111 >_r Qh c n s I-'Ll) i'&n · n • 0 r d In ., n · · INI TIATED BY City Plunnlng uncl Zo nin g Commi~s ion AC TION PROPOSED Re uest the City At torney to prepare a n ordinanc e as the ba~is Orulnunct:. : ;;·, i<ODUCTION AND BACKGROUND . !~ 1~82 , th~ C ty Planning and Zoning Commission clevelopecl a work program nnd list of ;~ l& for 1982/19 83, High on the list of goals was the devc:lopmcnt of un ordinuncc Lu .~ ... r:1 the cunver!.Jon of apartment unit s to condominium UtHJ. 'i'hc: sLuff l',.tll•vrvd ilm·k- t!r ~· tJ inf(,rtuOJL iun which wus blu dicu by Lhc Couuuis~>ion; till~ informution wu" I ru111 .• t:.in Llll! St-LC! of Colorado , and from other areas of the nation whjch huvt• I.!XJH•rll'llCl!(] ~lc cr~n :;l P.i r111 c1f unit~; lu cunduutiniu111 ll"·'·· A >.ist ant L ty Attornt:y Menzie!. worked with the staff and Planning Coamu b!i un tu ur.tfL ~r~p~•~d ordinance , which was considered by the Planning Commission aLa Puhilc ~r~na on !'1:!l r ry 23, 1983. oticcb of Lh t meeting werl! bent to the ownvn. ul ... U~> .. rtl'"f•L t•uUbl:b huv!n11 norc thun L •n un1t11 udvisinll Lhem of the mccllnll .JliU Lite ~:p~~!: of tt, h" r ng. Tt t:r were scverul p rsons in Lh audience during Lhc iluo.~ring , • • no unl· ·n d<l rcs~cd Lla• r.ommihsiun 1n MIJlporL uf or In uppw;Jl lun lu lh•· prup<"·•·d q·,IJ. '. Febru ry ) , 1983, th Commi sian r f rr cl th • propu!>«• Lo th City Council nd r ommended fuvur bl.., .u.:t lun 'I 1.<..· C ty Cu n~.; 1, follow in tllbl-ubt>lun uf the unl in.mn· r • c.r 1 p nta h ch n dcd furthur clur f l'iJl un uy th ... · th~ Con o~tniu Conver ion Ordtn n o back to th Pl nn n~ "' :s·- /(- • • • • • ---------------------------------------------·-·----·---·---------·---. Th e: re:vise:d Condominium Conversion Ordinance was consiucrcu l>y the l'lunulnH uud Zu111 .. , Comm ission at their meeting on Aug u st 2 , 1983. Af t er considerable discus sion , the life:-safe:ty and administrative provision were approved, and several chan ges mudc · '' the: text of the original provisions, specifically relat ing to tenant protect ion. These: we:re:: Ab was: ~ay a $500 application fee , of which $250 will be refunded if the applicuL 'uu is rejected by the City. A>, ls: i'uy un upplJcuLiun fl!l! uf $5 0 fur cuch unit in tile l>uiJuiuH which cun ul! o;uld as a condominium. As was : Show compliance with Se ctions 4, 5, 6 , 7 , 8, and 9 of thi~ o r dinance. As is: Submit a letter signed by a l ice nsed str uc t ural engineer or licensed architec L certifying that the building to be converted meetH the 11 fc safet y n•tjul n •m t 'lll ">l!L furtlo in §:!2,loJ•:u, ui:' Cl!rtlfylnll tilut thl! building cuu ill! IJruugiiL lulu compl ance and identifies tho!lc modification~ thut IIIU>;t be uout.ll! lu unll!r Lu e;onoply. Te:nant Protection: As was: An option to purchase the condominium at the fair market value wlthln ninuty (90) days after the tenant has received the notification of an intent to con- vert. Th ten nt must execute a real estate sales contract as buyer within the: ninet y-d y period. As is: An ption to purchase the condominium. .ht: st ff was d rect d to m ke: the11o chang a, und send thc rcvi11e:d Condom n uuo Cun-~t r~ on Ord n nc to th City Council for their consideration, :. AiF ,;Q E: Lh City Cc;wr, ed by th City P ! ;~orv nni was r r rrcd Lo Mr. M •nz w, nd h h.111 couuucndu ction a ction not b ch ng d, other thnn to ;1dt.l "nt n u t;unv~1r11luu Uru 't~utan: on Auau• 2, l ti Y----------------------------- • • • • TO : Rick DeWitt, City Attorney FROM: Susan Powers, Director of Community Development ~L;l{ DATE : August 16, 1983 SUBJECT: Condominium Conversion Attached is the revised Condominium Conversion Ordinnncu, i 11- corporating standards fur Eloctricul System:; u:; (14) on i'ugl.! 14. Electrical Systems were not addressed in the proposal previously transmitted, • • • • • • IJI VI I IJI 1,\w ll•l'l l I Hl:ll -o\I!JlJ II i.IJIItiU\11{1 /IUL, I I • IJU I . -\._/ HEMO / TO: Dorothy Romans, Ass 1 t Director of Community Dev. DATE: Augus t 9, 1983 RE: Condomin1um Conversion Ordinance I have reviewed the recommended change of 3(d) by the Zoning a nd Planninq Commission and feel that the clause "an option to ['urchu!:.it: the.: c.:u n dumin i uni " i s too vuyuu for .i t douan' t un s w<.!r Lltu quc s t1on when and for how much. I recomm end the following change of the original proposal o f 3(d) ~o read: bb An option to purchase the condominium at or below the fair market value within ninety (90) days after the tenant has received the notification of an inten t La c onver t . The tenant who chooses to purchase the un 1 t must execute a real estate sales contract within the ninety (90) day period. • I • • • • • i\ugu~t 8, L9!J:J 22.4 E CONDOMINIUM CONV!mSION O!WINANCE. The conversion of a multi-unit dwelling to condominium ownership may cause the dislocation of persons who find it necet~sury to runt rathcr thuu own their residence, and who may find 1t difficult to find c omparable living quarters within the community on short notice, In addition, all of the multi-unit dwelling buildings in the City of Englt>wood nn• 1110n• t·l11111 10 Y''""" ulc.l and may hav<: fire and bUft!ty hu:turds whi ch cauuut be dctcrmlncd without proper inspection, and should be corrected before the ownership of individual units and the multi-ownership of c ommon areas occurs. Similarly, cou1uc~:d.ul and industrial buildings can be divided and the individual units sold fur us.:.s other than those originally intended at the time of c ons tructlon, uud modifications may be necessary if the building is to be converted, The adequacy of off-• tr et parking, utility service, and any fl n• .tud f~:ty h zard should b'-determined before the division of ny mu.lll-un t UWt!ll lllj , U(lUrLIIIl:llt, \OIIllt·rl..la l ur Judm!Lrlui buildllij: lulu IWVL•r;l( IIIIi llo 11 ord~:r that tht! (lt!cYOn& pur ailing tho unit can be <Jssurcd thut Lill' uul t p rchase nd th co r par y inspected an nd !aty h zard hav on re can b b in 'which thuro will l>t• joint ownurbhip h.aw U\'1.'11 ed for the purpoa int nd d nd th t ny r~ To th a l.!nd, th C t.y of l.ngi wuutl t t n ry t r au! t th conv raion o t nd nduwt r bui.ld n""' t. condom!niuaali. I • • - • • • .. • -2 - a . Sc op e . No pe rson , fi r m or c o rporation (here i na f t e r c ollec ti v0 I y c al ed "Dev e loper ") s h a l l conver t an y mul ti-uni t dw e l l i ng o r co m1uen:Lul ur ind us t ria 1 buil d ing i n to a c o n domini um without comply in g with c n C"h or 1 "" appl i c a ble: r eq u r em e n Ls o f thi,; ordinance in u u uitio n to u i l o ther r u i l!Va uL l aws a nd ordin a nce s. b. Purpos e . The p urpos e of the Condominium Conve rsio n Ordinanc e is to est ablish r e as ona b l e life-safety requir e me nts f o r bu i l d ings wh i ch a r e to be di vid e d into two or more. ind i v id u a l units an d l'Oil V<'rt,•d fr.om Lil<' prl'>H·I tl !>e und /or s ingle (u nitary) ow ne r sh ip a n c.l o fl'e r e c.l fo r sal e a~; i nu ividuai unit s and to enact r e aso n able rule s and regulations t hat will provi d e a dE:v e:lope r with proc edur e s t o fo llo w in fi ling a condominium c onvursion up - p1 catio n with th e Ci t y , c . App lic ation , In making appli c ation fo r th<> c o n do mi nium <'OIIVl'l~>ivu, t e deve o pe r s ha ll: (1) F ile a n ap plic ation with th e Dir ect or of Co un Ly I.'V<• u 1Jt.ll.!tll o n fa r m provided by th t Oe partnumt . (:.!) l'uy <111 upplicuLl.on fl.!u o f $50 [or t·11d1 unil 11 Lht• huildiut•, which c 11 be ~t o l d s c o nc.lo mi ni um. (3) Submit a h tte r liiKned by a lict•n,;c.·d sLru' Lura L <'lll~ill<'<'l ' vi ' 11 en111d architect c r tifyi g th t th bu ld n~: to b' ~.:u •• v..,r ,., tht• lif f •ty rt•quin:Ull·nt~o hl'L forth n S\•<'l uu '1.1 .. 1,, , or <:llrtifyin th t th b u ilding n bll brought nto 1 .pU , c.• nd dunL [J.(!W lhowc mo d f cutl.ont~ Lihl l lolli>H b<..• ltt.euh: in ut•l••t LO lU Jl y. (4) Sui11 L loll tlull l 'l!I'Liii\;Ul ull lly Lill ' IJin•llul 111 Ulllll lt that tha 11 rv1 nd I'P t o t h build ! wi.U co JJlY wltlt til•• I• 1 r ul tion11in 1 xi L<'ll<< IILLh• 11 • u tlh • I • • • • -3 - d. Tenant Pro tection . The de v e loper must glve to the tenants Ol'<:upy ltt ,; a multi-unit dwelling which is to be converted to a condominium : (1) Notification of an lnLunt to convt·rL Lli l' LL'It•lnl 1 H dw.-ll ltq•, to a condominium . (2 ) Written no t ice t o v acate the dwelling within one hund r ed twenty (120) days , o r to thu ux piratlon of ~1u tenant's lC!ase , whichev e r is g r eater , u n l ess this tlmu pe r i od i t~ e x tended by the de v elo per. (J) An option to purdt.lst• LhL· c undumlnlwu. e . War r anty of Common Areas . The dev e lop e r or ow ner shall givt• Lo thu pu r chu s c:r of a Londominium 11 warranty deed , whert! applicablu, to Lh l' c o mm o n areas which include but arc not limited to the following: f. m n m (1) Laundry room; (2) llull u r /uu..:ch anical room; (3) Landscaped a r as; (4) Fences; (5) Off-a tr et p rking r (6) Ku c r • tlon 1 arC'ut.; (7) Scar ge ar ••• (8) H l!w y a d lltairwaya. s; 11w Vt•lu(l '( UC UWIIt•r huJ 1 lUI ) y W l I l 1 • off-scr p rk n prov ion o th C preh ·naivt• 7. n nu Ordl n.u,. ,. , rd n n11 o. 26, r ,., of 1!16:J, " l 'll d u. • I • • , • • • g . Lif~ Safety Requirements , To establish reasonable life-safety r~- q uirements for buildings being converted to and off ered for sale as uott<.lulllin i l"" units, the developer shall comply with the following requirements: (1) ~· (a) Numbe r of Exits. Every floor above the first story us ed for ltuman uuuupanuy 8ltall havu auuuss to aL luust two separate e xits, one of whi ch may be an exterior fire e11capv complying wi th Subsection (d) of this section. Subj ect to approval of the City, an approved lndde>r devlt:!' 11~1y Ill' usud in lieu of u f J.r.., us cup.., wltl.!ll Lhl.! cun!itrucL!uu feature or location of the building on the property makl! the installation of a fire escape impracticable. EXCEPTION: In all occupancies, second storlc!l wlLit .. m occupant load of 10 or l ss may have one ~xlt. An xit ladd r d v c when ua d in lieu of fire escop~· al l con o with th pproprl Lo U.U .C. SL n rd nd Lh l full II •, ( ) S rv~a n o up nt lo d of !0 ur l as or unit or roo • o.l t X e d thr e lit ri a J.n hu llhL. dj nt lU II pun na l 'U ur r IICU ro b c ny. II I runt ul uny bui <.J Ill! Ujh'll Ill\ (4 werv,·<.J, I.:L UL l lit I. d 'II l\ ·~· (~) bJ. only r UJI II II loll b J. y rv • I • -• • • -5- (6) So installed that it will no t c:aus e a p er ~on using it to b e within 6 f:ee t o[ a ny e xposed e l ec:L r l.<.:dl wiring. (b) Stair Construction, All required stairs shall have a minimum run of 9 inches and a maximum ris e of 8 inches and shall have a minimum width of 30 inches, exclusive of handrails, Every stairway shall have at least one handrail. A landing havtng a ml n lmtuu 30-"Lnl'lt n111 I n liH· dlrec:Llon of travel shall be provide d at each point o f ac cess to the stairway, EXCEPTION: Fire es c apes as provided for in this S(•<'Llou , Exte rior shall be of non c ombustible constructio n . EXC EPTION: On buildingu of Typ e s III, IV a n d V, (as d efined in t he Uniform Buildin g Cod e ), p rovi ded the e xte rior stairs a r c c onstru c t e d o f wood no t l e ss th n 2-inch nom i na l lh l <.:knclis , (c) Corridors, Cor r ido r s of Cr o up A, n, E , a nd H Occupot d~:to ( 1 defin d in the Unifo rm Bu ildi Cod ) a r v in an tx t for n occup nt load of 0 or 1uor~: 11h 11 I vc wul 11 nd ce li to o not 11 th n 01 •-hour r" r tot v. con11truction r qu r •d by lht· llulldlnt: cu.r,, l..c t.t ltt1, lot U IIUrf • d wi h 0 d llllh <IIIII jl iiHl<•r Ill guutl 'uu- l un ur !/'1.-n ·h HYPIIUit fi x d Wi r d I I t in t corridor 11 nd c:; 111 ,111 ul U.tu.ud ur I.IIH 'II iugt, w 1111 l lid IX 'l ' UJI.Itii 'Y lll'J' I rill lull • I • • (d) • • • • -6- when approvad. Doors opening lnto such corrldors silull be protected by 20-minute fire assemblies or solid wooJ doors not l e ss than 1-3/4 inches thick. Where the !.!Xlb LLng frame will not acconunodate the l-J/4 inch tlllck uoor, " 1-J/8 inch thick solid bonded wood core door or equivalent lnsulated stool door shall be p!.!rmltteu. Uoors sltull ut• self-closing or a~ltomatic-closing by smoke detection. Transoms and openings other than doors from corridors to rooms shall comply with appropriate sec tiona of Chnp t!.! r 'JJ of the BuildlnH Code d e allng with corrluor opculugs u1: shall be covered with a minimum of 3/4-inch plywood or l/2 inch gypsum wallboard or quivalent mate ri al on Uw room side. EXCEPTION : Existing corridor walls, ce ilings nnd opt•n Lng prot ct ion not in compli nee wi Lh thu abovu may be l..uu- tinued when such buildings ar protect d with an pprovcd utomatic spr.inkl r aystem throughout. Such sp r nk.l•r system may bo liUpplicd from Lltt• dOIIII..!Iil 1.. watt•r b)'bl •1u Lf LL .1& of adequ Lc voluwu nu prc~oa.urc. Fir •• (1) xi ting fir which in lh p 11 on of lhc Cily cu dy with Lh • Ill 'II 0 l I a. atC.\,;L un 11· y b . Ulil:d Iii 1.111 t Lhl.' r ·ctu rvd t'Kllw, 'l'ln• lut.lt lu11 u llthuru ''-' ul r 'liC<Ijl 'II It I .l u ul <1pj11 'VIIt'tl ~.~, ... 11 ullll Cl.llllil Ul..'l Ull, ( ) 1 ly with th fr • 01'r1 r I ll not Lhru 1 ~~ Ill tnt rv ntn r • I . - • • • • -7- All openings within 10 feet shall be prot ected by three-fourth hour fire assemblies . Whe n lo<.:ull·d within a recess or vestibule , adjacent enc losun· walls shall be of not lt.!ss than one-hour firu- r .esis tive construction , Egress from the building shall be by a clear opening having a minimum dimension of not less than 29 inch<.!». Such openings shall be op"nnblt• from thl• lmsldl• with- out th e usc of a key or spcclal knowledge or cHon, The sill of an opening giving access shall b e not more than 30 inches above th floor of the bulldin~ or balcony. Fir escap at trways and balconl"s shnU 11uppurL the• de d lo d plUM iv lo d of not 1 &II th n 100 pound,. p r qu re foot and h 11 b provided with a Lop nd on c h 11 du, 'l'hc pitch of lhl.' IILulrw.:~y hul nut l'XH'c•<l C.O d~·un·l·h wlth " width o 18 n~.:h 11 . ' rc !..,,.., than 4 ln h in width nd th· riMe b~t cen crcudM ahall not xc d 10 in h •· All ltair d b l cony railtna hllr izun t 1 Ofl.: Of 10 l l 'blo p r lin l oot o ra ling. lc Ill J l bu II L lc•~ta. lh,lll 44 II II •lll Ill Lh 1111 1uur Up 'II •11: ullt• • llt•ll• I he 1.1 1 .ty u ,, 111 o ~I 1n h in w1 th. II nut h H • • • • • • -B- 44 inches. The balustrade o f each balcony shall bv not less than 36 inches high with not mor" than 'J inches between balusters. ~ire escapes shall extend to the roof or provide an approved goos"nuck luuuu r be twuun llll! top I' loo a: landing and the roof when serving buildings four or more stories in height having roofs with less than 4:12 slope. Fire escape ladders shall be dcstr,1wd uml connt<ctu d to the building to with>~ tantl a hoc ho11 tul force of 100 pounds per lineal foot; each rung shall support a concentrated load of 500 pounds plucl!u uuy- where on the rung. All laddl!rs shall bl! ul h·;at> l !J inches wid •, localed wllhln 12 incht<ii of lhc bu luing and shall b pl ced flatwisa r lative to tlw f;H ·c· of the bu !ding. Lauder ru~a. 11h 11 b · J/4 nd1 diamet r and shall be located 2 inch pen 1 a for roof ccess 1 d rs L ro on ccnLL~r. and 11 11llur proj l!Ctlons whuJ 1 h.IVL· 111 n 1uau ll11 •·u "'"" of 30 in hus by 33 ln hull, h low t balcony ahall be not aor th 18 fr tho round.' Fir sh J.l xtu c.l u Lhl round or b provid d with co d at r L th Kround. r~: •a. · p • aohuU nu~ t.ak•• till' t•l.t" ul t.1.111 •I)'. r quir d by t tr t d. od und r w tc.:h t bu ul.n • • • • • • -9- Fire escapes shall be kept c lear and unobs t rue ted at all times and maintained in good worki ng urd..,r. (e ) Exit and r'ire Escap~e Signs. Exit lligaw shall bl.! pruv lduu as req~ired by the Building Code. EXCEPTION: The use of existing exit signs may be continuc.;d when approved by the City. All doors or windows providing accl.!tHi to a fi r u e s cup " shall be provided with fire escape signs. (2) En c losure of Vertic al Shafts, I n te rior ve rti c al s h af t s, i nc luding but uo t H mltl.!u lu :.lo.~l r- ways, e l e vator hoistwaya, servic a a n d u til i ty sh ft11 , ·1"' 1 b e e nc losed by a lllinimum of one-hour fi r -rea Il l .., cunlllruct i un. All op e nings into au c h ahafta shall b prot c t w th 0 ·- hour fi r aaembli a whi ch shall b i nt 011 ng o r b~· aaalOIII.'lllc -c l osJug by lllnOk l• Ul'll'l'l1uu. Al l oll~<·r upv11 "1',>1 ~ohull bu fi r p ro tee ll:d 111 an a pp r ovLu nn r, l.x lilln luiiliJ ,_ link-type ut oma t.ic door-c losin g devices n y b. I> r t l.'ll 1 r th fusible link rat i ng docs not ex L'<l 135 <I &r • P. A at irw y in an exit n l osur ah 11 nut eo tinu bulo lhu gr d 1 •v •l ·x ~ u l 1111 n pprov ·u h rr! r 11 llkl nt.a "''" th gr U u-f l oor ll'V l LO prcv 'It pt•riJUil J rona .an• lll 'llldlly c ntt nuin¥ nto tl b • ent, EXCEPTIO S: 1. In oth r th nCr up l 0 lop I • I • • -• • • -1.0- closure will not be required for openings servi ng only ~~~ adjacent floor. 2. Stairways need not be un c losed in n c untlnuou~> vertical sh.aft if each story is separated from other stori es by one-hour flru -r esit~tiv ~e con~>tructlon or approved wircu glass set in steel frames . In addition, all exit corridors shall be sprinklered and the openings be tw een th e corridor and occupant space have at least one sprinkler head nbov " tiw openings on the tenant side. Th e ~>prlnkler t~y~>tem muy bu Hu ppllvd from the domestic water supply if of adequate volume and pres sun ... 3. Vertical openings need not b e protected if tiw building is protected b y an approved automatic spr lnklu r t~yti tum . (J) Ba ement Access or Sprinkler Protection. (4) An approved automatic aprinkler sys tern 11h 11 be provided n b e cnts or li tories e x ceeding 1500 squ ru feeL n r'-'u un not havlng a mlnimuru u( :w squaru I ~·~·L uf upc11lnu l'IIL l'viy .11lovv Lhe udjoinlnll ground level in ch 50 1 nu 1 Cuut or 1 r.1 tun th r o of axtcri.or wall on at lC!a l one llldl' of Lhc bu Lu i.nt.:. Opening s 11 hav a mini c r di n11ion of 30 in hell , I ny portion of d or h n 75 • •t t rum r • u rud r n nas , th b 8 pruvuu UULUI L C lipC llkl •r MYIILl'IU LhrOUI\hOUL. Any bu dina w th n pr o r four d tori I Cl n I 11 Ill • I • • • • -11 - (5) Separation of Occ upa nc i es . Occupancy SEparations shall be provided as spaciflt!d in Llt.., Building Code. When approv e d by the Chief , e xisting wood L<lllt and plas te r in good c ondition or 1/2-inch gypsum wu lluo unJ llldY be acceptab.le where one-hour occupancy separations are requirt!d. (6) Illumination of Means of Egress. Illumination of means of egress shall be provided in a cco rda nc.., with th e Building Code. Emergency lighting faciHtii'H for manns o( e gress ~1aii Ut! provided for t!Vcry building ov..,r 1- story in height. All emergency lighting systems shall be so arranged as to provide illumination automatically in the t!VunL of any interruption of normal lighting and shall be t!iLIH·r ..:on- tlnuously in op e ra tion or capab l e of rupuated automull < up..,ruLloll without manual i ntervention . All lightinl! 11ys tems shu! I <.:on- form to tha requirements of tlu: tlotlonai ~lu~.:t c leu! <.:od.: .1,. •dopted by th City , ~vt:ry dw<:!lling unit nd uvucy guuaL ruo1 uaud foe t;l.:uplnu purposes shall b"" provided with m ku dull.:ctor,. l.n LUll.L·d ln accordance with th Uniform Buildina Cod • (8) Spr nkl~r Protuct un. 1 llu dl1 ga~ ox~.:~:uu "I! fuuc wLor h•li 11 hduh l .an .. ppruv,•d UL lipri kl •r •Y•t •w wh U bu !111H U•d Jn 1111 •on l •1u• h •I lid I.'XiL Lulrw •Uti. A .. I u!u lljll nkh·l h . Ill .h.• II Ill' ... uv I I. I oppo 1te th• nter ot and 1n•1d ny d r p nin on u , , u rr 1 "' or xit •t irw 11. prinkl r ,•Y h, II 'I th r utr nt thv I d 111 Cold • • • • • -12- (9) Fire Alarm System . Approved fire alarms shall be provid ed for aU Croup E Ot c up,llll Ll''• with an occupant load of more than 50 persons. In C'Vl'ry Croup E Occupancy provided with an automatic spr l11kle r ur U\.! Lt'L l iu11 system, the. operation of such system shall automati cally activate the fir e al rm sy11tem, which shall include an ul.arm mounted on the exterior of the building. An approved fire alarm system shall be installed i n Croup 11, Division 2 Occupancicll usL.ocl for th" u~Unufacturin~ u f ur~unl c coatings as apecified in the Uniform Fire Code. (10) Elevators. Each elevator lobby or area shall be provided wi th un UJltH'uv ... u smoke detector located on the lobby c iling or on•n. Whvn tht d t ct or b a c tiv ted, elevator doors ~>hall not op..,n anu all cars aerving that lobby are to r turn to th n r oor nd b nd r nu 1 cont rol only. If th• in floor ut..,LLor oor or tr n11fur floor wh;~U r••Lurn to 1ocullon pprov and b by the op rat b Cor u l ontrol o ly. ok d~tuctor 111 tu !Hie l d 01 Ly rl •I II O.OJ jll'r ruuL. s .. ly lo)'lltu 11 r ..... lr CLil 'l'UIIII lU iJ bu u 1111 ur,• I"'~""' ll ••d prov t.hl th l! ( J t r tr1c:t y x1t1 th bu Jtl 111,; (b) A of ljll VII •tl y 1r 0 rt ·n • I • • , • • • -13- (12) Mechanical Systems, (a) Existing Ins tal lations. Mechanical sys tcms l<~w fully L11 existence at the time of installa tio n mny ha v e• Lh<•lc u,;,., mainte nanc e or repair continued if the Us <.!, naaintcnanee or r ep ~ir is in accordance with the original design and loeatlon and no ha~ard to life , health or property hils been created by such mechanical system. (b) Maintenance, All mechanical Hystc•ms, n~ttc•rl:th; '"'" <~p p ur tonan c cs, both existing and new, and all parts the;r eor shall be maintained in proper operating condition in ac- co rdan ce with the original design and in a saf e and hazard- free condition, All devices or safeguards whi ch u r u r"'- quired shall be maintained in conformance wlth Lhu I.!Od ~.< under which inatalled. (13) Plumbins Systems. ( ) Ex sting InaL 11 t ona . Pl bin ay at a 1 ul y (b) m int n nee or rep ir con nu•d th • ua •, n~aintunaul.!l' or rep h: ill in c.: cord n <• wl lh thv or lc nn L Ul '~>lcu .u1d lo ation nd no h z rd to life, h lth or prop rty h 11 b n r at d by c.:h plu inK y l<•ut, Ma Ill; Al pl •Y I. Iii, a ll<•rluL .. oiii(J •Ill- purt I n·~.:•, Oth X lit ltlf. wu tw w, aud Ill Jl.ll'l lhl'll•ul aul \\JII\11 i JU (I •h cord ri n h lC I tr ci n. A Vj rd It tr. I •• • l . I . - - • • • • quired shall be maintained in conformance with the c.:od e under which installed. (14) Electrical Systems. (a) Existing Installations. Electrical systems lawfully in exi stenc.:e at the time of installation muy h.:~vo thuiL' us<:, maintenance or repair continued if the use, maintenance, or repair is in accordance with the original design and location and no ·hazard to life, health or propt•rty ha<~ been created by such electrical system. (b) Maintenance. All electrical systems, materials und up - purtenances, both existing and new, and all parts Lhl'n•u [ shall be maintained in proper operating condition ln u~: c ordance with the original design and in a safe and hm:urd- f rt!e c ondition. All devices or safeguards which arc ro- quired ahall be maintained in conformance with the c ode under which inat 11 d. h. Allurnutu Muturlols and Methods . Alt urnot • lllllLerlals and n._,Lhuu;. mey be epproved by the Director of Conwunity Dcvclopm nt provldt•d sudr ru<~Lvrl.ol ,, or methods comply with the spirit nd intent o! thia ordin nc • Th Develop r .il ppl c t on to th • D r • ·tor o£ Ut nd ah ll co .ly w.i Lh thu WaLt•r Codt• u ld S~ ~·r Cud" l"••t:- u L Ulill n ttX auu 1. ut Lhu tlru uf Lhu ppllc tlun. Any JllhWI I rurv ,ur "' vcn,, 1.1. ~oLun by tltu U.Lructur u1 ULlliLluw will b~· Lo Lhl· •H~o•r 11m! ~;..,..,., provid d by th Water Code and er Code, • I • • • • • -15- j. Conversion of Commercial and Industrial Buildings to Condoml nilllns . This ordinance shall also apply to the conv ersion o f c onunc r cia l or lnc.lwHri.t buildings by a developer and the developer must comply wi t h all appli c abh: pro- visions of this ordinance but need not comply wlth the rcqulreutenu; fo r Lcu.Jul protection, Section 22.4Ed above. k. Administrative Procedure . When the informatio n r e quired w1d cr Se ction 22.4E c has be en submitted to the Departme nL of Con unily Developm<.<nl, the following procedure shall be implemented: (1) The application together with aJ..l. or thu n.:quir<.<d docuull!uL,;, shall be referred to the City departments which will be r e - quired to issue permits for or provide service to the building to be converted to condominiums for review and conmen t. 'l'hu departments may make such inspections as are necessary to determine compliance with applicable codes. If a depart illl'lll docs not reply within ten (10) work days, it ahall b e Uii!iutnec.l the proposed conversion is approved . (2) The Direct or of Community Dcvclopm nt shall IIIIIU<• wllltln (30) days C rom tho sub ilision or Lh e co1 plu te d ppll c t un , a writt n d ciaion. a to whether or not Lhc pplic tion Lo convert meets the r quire enta of thia ordin nee nd 1 c- cepted or r ject d. ( ) r th ppl c 1on ill d, Lh b li II lur I"VjU<'t Ull hlliiJJ bu J.ed •puc in Lh 0 r C LOC 1 1i wri u •n Ill Ull , Tlh· ''''lii'IUJI< I h 1111 'II (lO) c.l o~yll r ru tl r~·c JIL ul Lll<' I ll<'ll \h 1 \ Jt, uu '~l nj ion to rue a notice ot pp l to th rd 0 Adj lill II\ and Ap J. • • I • • ORDINANCE NO.~ SERIES OF 1982 • • .. BY AUTHORITY COUNCIL BILL NO. 15 INTRODUCED BY COUNCIL MEMBER NEAL AN ORDINANCE ADDING SECTION 22.4E TO THE COMPREHENSIVE ZONING ORDINANCE OF 1963, AS AMENDED, REGULATING THE CONVERSION OF IMPROVED REAL PROPERTY TO CONDOMINIUMS. WHEREAS, the conversion of an apartment to condominium ownership has long-term impacts on the health, safety, and welfare of the community; and WHEREAS, the dislocation of population without sufficient regulation causes significant difficulty in relocation; and WHEREAS, apartments converted to condominiums without proper inspection, engineering and construction can become fire and safety hazards; and WHEREAS, it is necessary to regulate the conversion of apartments to condominiums; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. There is added to the Comprehensive Zoning Ordinance of 1963, as amended, new Section 22.4E to read as follows: 22.4 E CONDOMINIUM CONVERSION ORDINANCE The conversion of a mult -unit dw lling to condominium ownership may cause the dislocation of persons who find it necessary to rent rather than own their res dence and sho may find it difficult to find comparabl living quart rs within the community on short notice. In addition, all of th multi-unit dwelling buildings in th City of Englewood ar more than 10 years old and may have fire and safety hazards which cannot b determined without proper inspection and hould be correct d b fore the own rship of individual units nd the ulti-ownership of common reas occurs. S rnllarly, commercial nd industrial buildings can be div ded and the lndiv dual unl s sold for uses other than those orig n lly intended a the ti• of construction, and modificlt ons ay b necessary if the bull ing is to b converted. I • • • • • of Englewood finds that it is necessary to regulate the conversion of multi-unit dwellings commercial and industrial buildings to condominiums. a. Scope. No person, firm or corporation (hereinafter collectively called •Developer•) shall convert any multi-unit dwelling or commercial or industrial building into a condominium without complying with each of the applicable requirements of this ordinance, in addition to all other relevant laws and ordinances. b. Purpose. The purpose of the Condominium Conversion Ordinance is to establish reasonable life-safety requirements for buildings which are to be divided into two or more individual units and converted from the present use and/or single (unitary) ownership and offered for sale as individual units and to enact reasonable rules and regulations that will provide a developer with procedures to follow in filing a condominium conversion application with the City. c. Application. In making application for the condominium conversion, developer shall: (1) File an application with the Director of Community Development on a form provided by that Department. (2) Pay an application fee of $50 for each unit in the building which can be sold as a condominium. (3) Submit a letter signed by a licensed structural engineer or licensed a r chitect certifying that the building to be converted meets the li fe safety requirements set forth in Section 22.4Eg, or certifying that the building can be brought into compliance and identifyi ng those modifications that must be made in order to comply. (4) S ubm i t wr i tten cert i fication by the Director of Ut i l i t i es that th service t o the bu i lding will comply with the wat e r and sewer cod e of regu l at i on s i n xistenc at the t i m of th e a p plicat i on. d . Tenant Protect on . De v elo p er must gi v e to t h e tena nts occupying a multi-un t d welling which is to be conv rted to a condo•lniua: (1) Noti ca on o an intent to convert the tenants' dwell ng to a condominiu • (2) Written notice to vacate th d welling within one hundr d t wenty (120) d ys , or to the expiration o each tenant 's lease , whiche v er is 9rea er , unless thia lme period is e x tended by develo r. 2 • • - • • • • (3) An option to purchase the condominium. e. Warranty of Common Areas. Developer or owner shall give to the purchaser of a condominium a warranty deed, where appli- cable, to the common areas which include but are not limited to the following: (1) laundry room; (2) boiler/mechanical room; (3) landscaped areas; (4) fences; (5) off-street parking areas; (6) recreational areas; (7) storage areas; (8) hallways and stairways. f. Off-Street Parking. Developer or owner shall comply with the minimum off-street parking provisions of the Comprehensive Zoning Ordinance, Ordinance No. 26, Series of 1963, as amended. g. Life Safety Requirements. To establish reasonable life safety requirements for buildings being converted to and offered for sale as condominium units, the developer shall comply with the following requirements: (1) Exits. (a) Number of Exits. Every floor above the first story used for human occupancy shall have access to at least two separate exits, one of which may be an exterior fire escape complying with Subsection (d) of this section. Subject to approval of the City, an approved ladder device may be used in lieu of a fire escape when the construction feature or location of the building on the property make the installation of a fire escape impracticable. EXCEPTION: In all occupancies, s cond stores with an occupant load of 10 or less may have one exit. An exit ladder device, wh n used in lieu of a fire scape, shall conform with the appropriate U.B.C. Standard and th following: (l) Serves n occupant load of 10 or leas or a single dwelling unit or room. (2) The building does not exceed three atoriea in hei9ht. 3 • • • • • (3) The access is adjacent to an opening as specified for emergency egress or rescue from a balcony. (4) Shall not pass in front of any building opening below the unit being served. (5) The availability of activating the device for the ladder is accessible only from the opening or balcony served. (5) The availability of activating the device for the ladder is accessible only from the opening or balcony served. (6) So installed that it will not cause a person / using it to be within 6 feet of any exposed ~~ electrical wiring. /(b) Stair Construction. All required stairs shall have a minimum run of 9 inches and a maximum rise of 8 inches and shall have a minimum width of 30 i nches, exclusive of handra i ls. Every sta i rway shal l have at least one hand - rail. A landing having a minimum 30-inch run in the direction of travel shall be prov i ded at each point o f access to the sta i rway. EXCEPTION: Fire escapes as provided for in this section. Exterior shall be noncombust i ble construction. EXCEPTION: On building s of Type s III, IV and V (a s defined i n the Un i form Bu il d ing Cod e), prov i ded th e exterior stai rs a re constructed of wo od not le ss than }-i nch nomina l thi c kn ess . ';i (c) Co rr i d o r s . Co r ridors of Gro u p A, B, E, and H Occu pan c ie s (a s defined in th Un ifo rm Building Cod e) se rv i ng a s an e x it for n occupant l oad of 3 0 or mo r e sha ll hav e walls nd ceilings of not l ss th an one-hour fire r sisti v e construction a r quired b y the Building Code . Ex isting walls urf ced with wood lath and plast r in good condition or on -half inch gypsum wallboard or op nings with fixed wired glass set in steel fram s are p rmitted for corridor walla and ce lings nd occupancy separa ions when pproved. Doors opening into such corridors hall b pro cted by 20-inute fire ss mblies or olid wood door not less than 1-3/4 inch thick. Wh r xisting frame will not accom odat th 1-3/4 inch thick door , 1-3/8 inch h ck solid bond d wood core door or equivalent insulated s eel door shall b permitt d . Doors shall b s 1 -clos ng or au oma ic-closing by mok detection . Tr nso a nd op nings o h r than doors ro 4 • • • - corridors to rooms shall comply with appropriate sections of Chapter 33 of the Building Code dealing with corridor openings or shall be covered with a minimum of 3/4-inch plywood or 1/2-inch gypsum wallboard or equivalent material on the room side. EXCEPTION: Existing corridor walls, ceilings and opening protection not in compliance with the above may be continued when such buildings are protected with an approved automatic sprinkler system throughout. Such sprinkler system may be supplied from the domestic water ~stem if it is of adequate volume and pressure • .>-. ">(d) Fire Escapes. (1) Existing fire escapes which in the opinion of the City comply with the intent of this section may be used as one of the required exits. The location and anchorage of fire escapes shall be of approved design and construction. (2) Fire escapes shall comply with the following: Access from a corridor shall not be through an intervening room. All openings within 10 feet shall be protected by three-fourth hour fire assemblies. When located within a recess or vestibule, adjacent enclosure walls shall be of not less than one-hour fire- resistive c o nstruction. Egress from the building shall be by a c lear opening having a minimum dimension of not less than 29 i nches. S uch openings shall be openable from the inside without the use of a key or spec i al knowledge or effort. The s il l of an opening giving a c ces s sha l l be no t mo r e than 30 inches abo v e the f lo or of the bu i ld i ng o r balcony. F i r e scap st irway s and balconies shall su ppo r t the d a d lo a d plus a li v load of not 1 sa than 100 pounds per square foot nd shall be provid d with a top nd interm diate handrail on each aide . The p tch of he ata r w y ah 11 not e xce d 60 degrees with a m ni•u width of 18 inches . Tread shall be not 1 a than 4 inche in width and the rise betw en treads shall not exc ed 10 inches . All a air and balcony railings ah 11 au ppo r a ho r izo n al fo r ce o no leal th n SO pounds p r li n eal too o r ailing . s • • • b All • • Balconies shall be not less than 44 inches in width with no floor opening other than the stairway opening greater than 5/8 inch in width. Stairway openings in such balconies shall be not less than 22 inches by 44 inches. The balustrade of each balcony shall be not less than 36 inches high with not more than 9 inches between balusters. Fire escapes shall extend to the roof or provide an approved gooseneck ladder between the top floor landing and the roof when serving buildings four or more stories in height having roofs with less than 4:12 slope. Fire escape ladders shall be designed and connected to the building to withstand a horizontal force of 100 pounds per lineal foot; each rung shall support a concentrated load of 500 pounds placed anywhere on the rung. All ladders shall be at least 15 inches wide, located within 12 inches of the building and shall be placed flatwise relative to the face of the building. Ladder rungs shall be 3/4 inch in diameter and shall be located 12 inches on center. Openings for roof access ladders through cornices and similar projections shall have minimum dimensions o f 30 inches by 33 inches. The lowest balcony shall be not more than 18 feet from the ground. Fire escapes shall extend to the ground or be provided with counterbalanced stairs rea c hing to the ground. Fir e escapes shall not take the place of stairways req uir d by th e c odes under which the building was c o ns tru c ted. ri r e sc ape s shal l b kept clear and unob s tru c ted a t 1 al l ti mes and ma i ntain d i n good working o rder. ~ (e) Ex it a n d Yi re ac ape S ign a . Exit si gn shall b e ; provided as required b y t he Bu il d i ng Code . EXCEPTIO : con inued The u e of e x isting e x it signs may be hen approv d by the City . All doore or ndo a providing cceaa to • ire seep shall b p ov ded th ire eac p signa. (2) ncloaure o Vert eel Shafts. Int r or vert cal ahefta , including but not 1 ai ed to r weya , leve o a hoia way , • rv ce end u 111 y hat a , shall ncloaed by • •ln •u o on -hour flre-r ala i v w cona rue ion . o ningl in o such aheftl ahell pro c ed wl h on -hour fir 6 • • • • assemblies which shall be maintained self-closing o~ be automatic- closing by smoke detection. All othe~ openings shall be fi~e p~otected in an app~oved manne~. Existing fusible-link-type automatic doo~-closing devices may be pe~mitted if the fusible link ~ating does not exceed 135 deg~ees F. A stai~way in an exit enclosu~e shall not continue below the g~ade level exit unless an app~oved ba~~ie~ is maintained at the g~ound-floor level to prevent pe~sons f~om accidentally continuing into the basement. EXCEPTIONS: 1. In other than Group I Occupancies, an enclosure will not be required for openings se~ving only one adjacent floor. 2. Stairways need not be enclosed in a continuous vertical shaft if each story is sepa~ated from other stories by one-hour fire-resistive construction or app~oved wired glass set in steel frames. In addition, all exit co~ridors shall be sp~inkle~ed and the openings between the corridor and occupant space have at least one sprinkler head above the openings on the tenant side. The sp~inkler system may be supplied from the domestic water supply if of adequate volume and pressure. 3. Vertical openings need not be protected if the building is protected by an app~oved automatic sprinkler system. (3) Basement Access or Sprinkler Protection. An approved automatic sprinkler system shall be provided in basements or stories exceeding 1500 square feet in area and not having a minimum of 20 square feet of opening entirely above the adjoining ground level in each 50 lineal feet or fraction thereof of exterior wall on at least one side of the building. Openings shall have a minimum clear dimension of 30 inches . If any portion of a basement is located more than 75 feet from required op nings, the basement shall be provided with an approved automatic sprinkler system throughout. (4) Standpipes. Any buildings over four stores in height shall be provided with an pproved Class I or Class III standpipe sya em. (5) Separation of Occupancies. Occupancy separations shall b provided a specified in th Building Cod • when approved by the Chief, existing wood lath and plaster in good condition or l/2-inch gypsu• wallboard may b acceptable where one-hou occupancy separa ions are re uired. 7 I • • • • (6) Illumination of Means of Egress. Illumination of means of egress shall be provided in accordance with the Building Code. Emergency lighting facilities for means of egress shall be provided for every building over one story in height. All emergency lighting systems shall be so arranged as to provide illumination automatically in the event of any interruption of normal lighting and shall be either continuously in operation or capable of repeated automatic operation without manual intervention. All lighting systems shall conform to the requirements of the National Electrical Code as adopted by the City. (7) Smoke Detectors. Every dwelling unit and every guest room used for sleeping purposes shall be provided with smoke detectors installed in accordance with the Uniform Building Code. (8) Sprinkler Protection. In buildings exceeding four stores in height an approved automatic sprinkler system shall be installed in all corridors and exit stairwells. A single sprinkler head shall be provided opposite the center of and inside any door opening onto a corridor or exit stairwell. Sprinkler system installations shall meet the requirements of the Building Code. (9) Fire Alarm System. Approved fire alarms shall be provided for al l Group E Occupancies with an occupant load of more than 50 persons. In every Group E Occupancy provided with an automatic sprinkl r or detection system, the operation of such system shall automatically activate the fire alarm system, which shall include an alarm mounted on the exterior of the building. An approved fire alarm system shall be install d in Group H, Division 2, Occupancies used for the manufacturing of organic coatings as sp cifi d in th Uniform Fire Code. (10) Elev tors. Each elevator lobby or area shall be provid d with an pproved smoke det ctor loc t d on the lobby ceiling or area. When the det ctor is activated, elevator door shall not open and all cars serving that lobby re to return to the maln floor and b under m nual control only. If the ain floor detector or a r ns er floor detec or ls ac vated, all cars rv ng the m n floor or trans er floor shall return to a loca ion pproved by the Fir D partmen and Chief uildlng Insp ctor and b under anual • • • • • control only. The smoke detector is to operate before optical density reaches 0.03 per foot. (11) Security Systems. Security systems restricting access to a building are permitted provided that: building; (a) It does not restrict emergency exiting from the (b) A suitable means of access is provided for and approved by the Fire Department. (12) Mechanical Systems. (a) Existing Installations. Mechanical systems lawfully in existence at the time of installation may have their use,maintenance or repair continued if the use, maintenance or repair is in accordance with the original design and location and no hazard to life, health or property has been created by such mechanical system. (b) Maintenance. All mechanical systems, materials and appurtenances, both existing and new, and all parts thereof shall be maintained in proper operating condition in accordance with the original design and in a safe and hazard-free condition. All devices or safeguards which are required shall be maintained in conformance with the code under which installed. (13) Plumbing Systems. (a) Existing Installations. Plumbing systems lawfully in existence at the time of in tallation may have their use, maint nance or repair continued if the use, maintenance or repair is in accordance with the original design and location and no hazard to life, h alth or property has been created by such plumbing syst m. (b) Ma intenance . All plumbing systems , materials and ppurtenances, both existing and new , and all parts thereof sh 11 be aint ined n proper operating condition in accordance with the orig nal design and in a safe and hazard-free condition. All devices or a feguards whi ch re required hall b maintained in conform nee with the code under which inst lled. (1 4 ) Electric 1 System • (a) xiating Inatallationa. Electrical systema 1 w ully in exia ence the ti of inatall tion may have their ua , aln enance or r pair con inued if the use , maintenance, or 9 • I • • • • .. repair is in accordance with the original design and location and no hazard to life, health or property has been created by such electrical system. (b) Maintenance. All electrical systems, materials and appurtenances, both existing and new, and all parts thereof shall be maintained in proper operating condition in accordance with the original design and in a safe and hazard-free condition. All devices or safeguards which are required shall be maintained in conformance with the code under which installed. h. Alternate Materials and Methods. Alternate materials and methods may be approved by the Director of Community Development provided such materials or methods comply with the spirit and intent of this ordinance. i. Utility Service. The Developer shall make application to the Director of Utilities and shall comply with the Water Code and Sewe r Code regulations in existence at the time of the application. Any appeal from an adverse decision by the Director of Utilities will be to the Water and Sewer Board as provided by the Water Code and Sewer Code. j. Conversion of Commercial and Industr i al Buildings t o Condominiums. This ordinance shall also apply to the conversion of commercial or industrial buildings by a developer and the developer must comply with all applicable provisions of this ordinance but need not comply with the requirements for tenant protection, Section 22.4Ed above. k. Administrative Procedure. When the information required under Section 22.4E c has been submitted to the Department o f Community Development, the following procedure shall be implemented: (1 ) The application, togethe r with all of the r qu i red doc ument s , s ha l l be referred to the City departments wh i ch wi ll be r e q u i red t o issue permits for o r provide serv i ce t o the bui l ding t o b converted t o c ondominiums for revi e w a n d c o mment. The d part - menta may mak s u ch i nspections as a re n ec e ss a r y t o de teraine compliance with a pplica b le codes. (2) The Director of Co muni y D v elop ent shall issue within thirty (30) days froa the au~iasion of the coapleted application, a writt n decision as to whether or not the applica- tion to convert meets the requireaents of thla ordinance and s ace pt d or rejected. (3) If th applica ion 1a rejected , the b a aia tor rej ction shall be sp ci led in the Director 's wrl ten deciaion . The developer has ten (10) daya froa the receipt o the written 10 I • • - • • • • decision of rejection to file a notice of appeal to the Board of Adjustment and Appeals. Section 2. Hearing. In accordance with Section 40 of the City Charter, the City Council shall hold a public hearing on this Ordinance before final passage at 7:30 P.M. on Monday, October 3, 1983. Introduced, read in full, and passed on first reading on the 6th day of September, 1983. Published as a Bill for an Ordinance on the 7th day of September, 1983; published in part on the 14th day of September, 1983. Read by title and passed on final reading on the 3rd day of October, 1983. Published by title as Ordinance No. _______ , Series of 1983, on the 5th day of October, 1983. Attest: Eugene L. Otis, Mayor ex officio city clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and co•plete copy of the Ordinance passed on final reading and published by title as Ordinance No. , S eries of 1983. Gary R. Rlqbee 11 , I • • - ORDINANCE NO. ~tt SERIES OF 1982 • • • BY AUTHORITY 'fit COUNCIL BILL NO. 15 INTRODUCED BY COUNCIL MEMBER NEAL AN ORDINANCE ADDING SECTION 22.4E TO THE COMPREHENSIVE ZONING ORDINANCE OF 1963, AS AMENDED, REGULATING THE CONVERSION OF IMPROVED REAL PROPERTY TO CONDOMINIUMS. WHEREAS, the conversion of an apartment to condominium ownership has long-term impacts on the health, safety, and welfare of the community; and WHEREAS, the dislocation of population without sufficient regulation causes significant difficulty in relocation; and WHEREAS, apartments converted to condominiums without proper inspection, engineering and construction can become fire and safety hazards; and WHEREAS, it is necessary to regulate the conversion of apartments to condominiums; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. There is added to the Comprehensive Zoning Ordinance of 1963, as amended, new Section 22.4E to read as follows: 22 .4 E CONDOMINIUM CONVERSION ORDINANCE The conversion of a multi-unit dwelling to condominium ownership may cause th dislocation of persons who find it neces ary to rent r th r than own their residenc and sho may find it difficult to find comparable living quarters within the community on hort notic • In addition, all of th multi-unit dwelling buildings in the City of Englewood ar more than 10 years old and m y have fir and safety hazards which cannot be d termined without prop r inspection and should be corrected before the ownership o indiv dual uni s nd the multi-ownersh p of co on re a occura . S Nilarly, co ere al and nduatrial buildings can b dlv ded and he ind v du 1 unita sold for uses other than those or n lly ntended the ti e o con tructlon, and modifications ~•Y be necessary if the building is to be converted. u cy o o t-s reet park ng, util ty a rvice, and any y hazards should be deter lned before the d via on o dwelling, apar men , comm rclal or 1nduatr1 1 a ver 1 uni a in ord r hat the raons purchasing b assured h th unit purchaa d and the co on h re will b join own rshlp has b n pro rly d for th u poae intended and the ny h v b n cor ae ad. To hla nd, the Cl y • • • • • of Englewood finds that it is necessary to regulate the conversion of multi-unit dwellings commercial and industrial buildings to condominiums. a. Scope. No person, firm or corporation (hereinafter collectively called "Developer") shall convert any multi-unit dwelling or commercial or industrial building into a condominium without complying with each of the applicable requirements of this ordinance, in addition to all other relevant laws and ordinances. b. Purpose. The purpose of the Condominium Conversion Ordinance is to establish reasonable life-safety requirements for buildings which are to be divided into two or more individual units and converted from the present use and/or single (unitary) ownership and offered for sale as individual units and to enact reasonable rules and regulations that will provide a developer with procedures to follow in filing a condominium conversion application with the City. c. Application. In making application for the condominium conversion, developer shall: (1) File an application with the Director of Community Development on a form provided by that Department. (2) Pay an application fee of $50 for each unit in the building which can be sold as a condominium. (3) Submit a letter signed by a licensed structural engineer or licensed architect certifying that the building to be converted meets the life safety requirements set forth in Section 22.4Eg, or certifying that the building can be brought into compliance and identifying those modifications that must be mad in ord r to comply. (4) Submit written certification by the Director of Utilities that the service to the building will comply with the water and sewer code of regulations in exi tence at th tim of th application. d. Tenant Protection. D veloper must give to the ten nt occupying a multi-unit dwelling which ia to b conv rted to a condominium: (1) Notification of an intent to convert the tenants• dw lling to a condominium. (2) Written not ce to vacate the dw lling w hin on hundred twenty (120) days, or to the exptr ion o ach enant• lease , whichev r s grea er, unleaa th1a i e period ia extended by developer. 2 • - ( • • • (3) An option to purchase the condominium. e. Warranty of Common Areas. Developer or owner shall give to the purchaser of a condominium a warranty deed, where appli- cable, to the common areas which include but are not limited to the following: (1) laundry room; (2) boiler/mechanical room; (3) landscaped areas; (4) fences; (5) off-street parking areas; (6) recreational areas; (7) storage areas; (8) hallways and stairways. f. Off-Street Parking. Developer or owner shall comply with the minimum off-street parking provisions of the Comprehensive Zoning Ordinance, Ordinance No. 26, Series of 1963, as amended. g. Life Safety Requirements. To establish reasonable life safety requirements for buildings being converted to and offered for sale as condominium units, the developer shall comply with the following requirements: (1) Exits. (a) Number of Exits. Ev ry floor above the first story used for human occupancy shall have access to at least two separate exits, one of whi ch may be an exterior fire escape complying with Subsection (d) of this section. Subject to approval of the City, an approved ladder device may b used in lieu of a fire escap wh n the construction feature or loc tion of the building on the prop rty mak the installation of a fir escape impracticabl • EXCEPTION: In all occupancies, a cond stores with n occupant load of 10 or leas y have on exit. An exit ladder device, when used n lieu of a fire scape, sh 11 conform with th appropriate u.a.c. S andard and the following: (l) erves an occupan load of 10 or less o a single dw lling un t or room. (2) Th bu lding do s no exceed thre stories in he gh • 3 • • • • (3) The access is adjacent to an opening as specified for emergency egress or rescue from a balcony. (4) Shall not pass in front of any building opening below the unit being served. (5) The availability of activating the device for the ladder is accessible only from the opening or balcony served. (5) The availability of activating the device for the ladder is accessible only from the opening or balcony served. (6) So installed that it will not cause a person /' using it to be within 6 feet of any exposed ~~ electrical wiring. /(b) Stair Construction. All required stairs shall have a minimum run of 9 inches and a maximum rise of 8 inches and shall have a minimum width of 30 inches, exclusive of handrails. Every stairway shall have at least one hand- rail. A landing having a minimum 30-inch run in the direction of travel shall be provided at each point of access to the sta i rway. EXCEPTION: Fire escapes as provided for in this section. Exterior shall be noncombustible construction. EXCEPTION: On bu ildings of Type s III, IV and V (as d find in the Uniform au lding Code), provided t he exterior stairs ar constructed of wood not less th an }-inch nominal thickn ss . ' /(c) Corridor • Corridors of Group A, 8 , E, and H Occup nci s (as defin d 1n th Uniform Building Code) n x t for an occupant load of 30 or mor shall hav wall and ceilings o no le s than on -hour ire real t ve construct on a required by th Building Cod • Existing wall surf ced with wood lath and plaster in good condition or one-half inch gypsu wallboard or op nlnga wi h lx d w red glaaa a in ate 1 frames are p r itt d or corr dor walla nd ceil nga and occup ncy a par on wh n approv d. Doors o n ng into such corr1dora shall pro ec d by 20-minu e fire as emblie sol d wood doors not less than 1-3/4 lnche thick. r ex sting r • will no acco oda e the 1-3/4 inch ck door, a l-3/ inch thic solid bond d wood core door o ulval n naula d a el door hall b p rmi ed. Doora hall b aelf -cloalng or u omatlc-cloa ng by amok d t c ion. Tr n om nd op n n a othe han doors om • • • • • corridors to rooms shall comply with appropriate sections of Chapter 33 of the Building Code dealing with corridor openings or shall be covered with a minimum of 3/4-inch plywood or l/2-inch gypsum wallboard or equivalent material on the room side. EXCEPTION: Existing corridor walls, ceilings and opening protection not in compliance with the above may be continued when such buildings are protected with an approved automatic sprinkler system throughout. Such sprinkler system may be supplied from the domestic water JYstem if it is of adequate volume and pressure. ~'>(d) Fire Escapes. (1) Existing fire escapes which in the opinion of the City comply with the intent of this section may be used as one of the required exits. The location and anchorage of fire escapes shall be of approved design and construction. (2) Fire escapes shall comply with the following: Access from a corridor shall not be through an intervening room. All openings within 10 feet shall be protected by three-fourth hour fire assemblies. When located within a recess or vestibule, adjacent enclosure walls shall be of not less than one-hour f i re- resistive construction. Egress from the building shall be by a c lear opening having a minimum dimension of not less than 2 9 i nche s . Such op nings s hal l be openab l fr om t h e inside without the us o f a ke y or spe c ial kn o wledge or effort. The s i l l of n opening giv i ng a ccess shall b not mor e than 30 i nc hes above the floo r of the buil di ng o r bal co ny. Fi r e esca p e stai rway s an d ba lco n ies sha ll su p po r t the dead lo d plus a li v load of not 1 a than 100 pounds p r squ re foot and shall be provided with op and intermedi t handrail on each aide . The p tch of th stairway shall not e x ceed 60 degrees with a minimum width of 18 inches. Treads shall be not lea than 4 inche in w dth and the rise bet we n treads shall not x ceed 10 nchea . All a air and balcony railing shall auppor a ho r izon al force of no leas than SO pounds p r lin al oo of railing. 5 • I • • • • • Balconies shall be not less than 44 inches in width with no floor opening other than the stairway opening greater than 5/8 inch in width. Stairway openings in such balconies shall be not less than 22 inches by 44 inches . The balustrade of each balcony shall be not less than 36 inches high with not more than 9 inches between balusters. Fire escapes shall extend to the roof or provide an approved gooseneck ladder between the top floor landing and the roof when serving buildings four or more stories in height having roofs with less than 4:12 slope. Fire escape ladders shall be designed and connected to the building to withstand a horizontal force of 100 pounds per lineal foot; each rung shall support a concentrated load of 500 pounds placed anywhere on the rung. All ladders shall be at least 15 inches wide, located within 12 inches of the building and shall be placed flatwise relative to the face of the building. Ladder rungs shall be 3/4 inch in diameter and shall be located 12 inches on center. Openings for roof access ladders through cornices and similar projections shall have minimum dimensions of 30 inches by 33 inches. The lowest balcony shall be not more than 18 feet from the ground. Fire escapes shall extend to the ground or be provided with counterbalanced stairs reaching to the ground. Fire escapes shall not take the place of stairways required by the codes under wh ich the building wa s constructed . Fire scapes shall be kept clear and unobstructed at 1 all times and maintained in good working ord r • ., ~ (e) Exit and Fire Escape Signs. Exit signs shall be / provided as required by the Building Code. EXCEPTION: The u of xisting xi igns may be continued when approved by the C ty. All doors or w ndows prov ding access to a fire e cape shall be provided with ire e cap signs. (2) Enclosure of Vertical Shafts. Int rior vertical shafts, including but not liaited to s airways, elevators hoistways, service and u ility shafts, shall enclosed by a tnimu of one-hour fire-resistivew construct on. All openings Into such shafts shall b protec d with one-hour fire 6 • I • • • .. assemblies which shall be maintained self-closing or be automatic- closing by smoke detection. All other openings shall be fire protected in an approved manner. Existing fusible-link-type automatic door-closing devices may be permitted if the fusible link rating does not exceed 135 degrees F. A stairway in an exit enclosure shall not continue below the grade level exit unless an approved barrier is maintained at the ground-floor level to prevent persons from accidentally continuing into the basement. EXCEPTIONS: 1. In other than Group I Occupancies, an enclosure will not be required for openings serving only one adjacent floor. 2. Stairways need not be enclosed in a continuous vertical shaft if each story is separated from other stories by one-hour fire-resistive construction or approved wired glass set in steel frames. In addition, all exit corridors shall be sprinklered and the openings between the corridor and occupant space have at least one sprinkler head above the openings on the tenant side. The sprinkler system may be supplied from the domestic water supply if of adequate volume and pressure. 3. Vertical openings need not be protected if the building is protected by an approved automatic sprinkler system. (3) Basement Access or Sprinkler Protection. An approved automatic sprinkler system shall be provided in basements or stories exceeding 1500 square feet in area and not having a minimum of 20 square feet of opening entirely above the ad j oining ground level in each 50 lineal feet or fraction thereof o f exterior wall on at least one side of the building. Openings sh a ll have a minimum clear dimension of 30 i nches. If any portion of a basement is located more than 75 feet fro m requ i red openi ngs, th basement shall be provided with an ap pro v ed aut o mat ic s pr i nkler sys tem throughout. (4 ) St a nd p i p s. Any building over four stores in he ght &hall be provided wi h n pproved Class I or Class III st ndpi p e system . (5) Separation of Occupancies . Occupancy eparation shall b provided s s p cified in the Building Code . when approved by the Chief , e x is t ing wood l a th and plaate r n g ood condition or l/2-inch g yp sum wa ll b o ar d may b accep ble wh r e one-hour occu p a n cy s pa r a ion s r e r e q ui r ed . 7 • I • • • .. • (6) Illumination of Means of Egress. Illumination of means of egress shall be provided in ac c ordance with the Building Code. Emergency lighting facilitie s fo r means of egress shall be provided for every building over one story in height. All emergency lighting systems shall be s o arranged as to provide illumination automatically in the event o f any interruption of normal lighting and shall be either continuously in operation or capable of repeated automatic operation without manual intervention. All lighting systems sha l l conform to the requirements of the National Electrical Code as adopted by the City. (7) Smoke Detectors. Every dwelling unit and every guest room used for sleeping purposes shall be provided with smoke detectors installed in accordance with the Uniform Building Code. (8) Sprinkler Protection. In buildings exceeding four stores in height an approved automa t ic sprinkler system shall be installed in all corridors and exit stairwells. A single sprinkler head shall be provided opposite the center of and inside any door opening onto a corridor or exit stairwell. Sprinkler system installations shal l meet the requirements of the Building Code. (9) Fire Alarm System. Approved f ire alarms shal l be prov i ded f o r al l Gr o up E Occu pan cies wi t h an occ upant l o ad o f mor t h an 50 per s ons. I n eve r y Gr o up E Occ upancy prov i ded with a n a uto ma tic s pr i nk le r o r d e t e c t io n s y s t e m, t h e operat io n of such sys t e m s h all a utomatically acti va e t he fi r al ar m s y s t m, whic h h a ll 1nclud n alarm mount d on t he e x terio r of t h bu ilding . An appr o v d fi r e al ar m y tem shall b installed in Group H, Divi ion 2 , Occ u p an cies us d for the anuf c uring of organic co ing as sp c1f1ed in th Uniform Fire Code . (10) elev tor • ach elev tor lobby or area shall prov d d w h an pproved s oke detector located on the lobby ceiling or area. Wh n the det ctor 1 activated , elevator doors shall not op n and all c r erving that lobby r to return to h ma n loor nd be under m nual control only . If the n loor d tector or a r loor d ctor ia ac va ed , all cera serving th main rans er floor shall r turn loc1tion approv d by th rtmen and ChieC Building In or nd b und r aanu 1 • • • -• • • control only. The smoke detector is to operate before optical density reaches 0.03 per foot. (11) Security Systems. Security systems restricting access to a building are permitted provided that: building; (a) It does not restrict emergency exiting from the (b) A suitable means of access is provided for and approved by the Fire Department. (12) Mechanical Systems. (a) Existing Installations . Mechanical systems lawfully in existence at the time of installation may have their use,maintenance or repair continued if the use, maintenance or repair is in accordance with the original design and location and no hazard to life, health or property has been created by such mechanical system. (b) Maintenance. All mechanical systems, materials and appurtenances, both existing and new, and all parts thereof shall be maintained in proper operating condition in accordance with the original design and in a safe and hazard-free condition. All devices or safeguards which are required shall be maintained in conformance with the code under which installed. (13) Plumbing Systems. (a) Existing Installations. Plumbing systems lawfully in existence at the time of installation may have their use, maint nanc or repair continu d if the use, maintenance or repair is in accordance with the original design and location and no hazard to life, health or property has been cr at d by such plumbing syst m. (b) Maintenanc • All plumbing systems, materials and ppurtenanc s, both existing nd new , nd all parts thereof shall be int ined in proper oper ting condition in accordance with the ori inal d sign and in a safe and hazard-free condition. All dev1c s or safeguards which re required shall b maintain d in conformance with the code under which installed. (14) Elec ric 1 Sy terns. (a) xisting Ins allations. Elec rical systems law ully in xistence t the ti of installation may have their us , mainten nc or repair continued if the use, aintenance, or 9 • • • • • repair is in accordance with the original design and location and no hazard to life, health or property has been created by such electrical system. (b) Maintenance. All electrical systems, materials and appurtenances, both existing and new, and all parts thereof shall be maintained in proper operating condition in accordance with the original design and in a safe and hazard-free condition. All devices or safeguards which are required shall be maintained in conformance with the code under which installed. h. Alternate Materials and Methods. Alternate materials and methods may be approved by the Director of Community Development provided such materials or methods comply with the spirit and intent of this ordinance . i. Utility Service. The Developer shall make application to the Director of Utilities and shall comply with the Water Code and Sewer Code regulations in existence at the time of the application. Any appeal from an adverse decision by the Director of Utilities will be to the Water and Sewer Boa r d as provided by the Water Code and Sewer Code. j. Conversion of Commercial and Industrial Buildings to Condominiums. This ordinance shall also apply to the conversion of commercial or industrial buildings by a developer and the developer must comply with all applicable provisions of this ordinance but need not comply with the requirements for tenant protection, Section 22.4Ed above. k. Administrative Procedure. When the information required under Section 22.4E c has been submitted to the Department of Co mmunity Development, the following procedure shall be i mplemented: (1) The application, together with all of the required documents, shall be referred to the City d partments which will be required to issue permit s for or provid service to the building to be converted to condominiums for review and comment. The depart- ments may make s u ch inspections as are n cessary to determine compliance with applicable codes. (2) The Director of Co munity D velopment shall i sue within thirty (30) days from the submission of the compl ted application, a written decision as to whether or not th applica- tion to convert meets the requirement of thi ordinance and is ace pted or rej ct d. (3) If the applic tion is rejec ed , the basi for rejection shall b specified in h Director 's written decision. The developer has ten (10) days from the receipt of he written 10 I • • ( • • • • decision of rejection to file a notice of appeal to the Board of Adjustment and Appeals. Section 2. Hearing. In accordance with Section 40 of the City Charter, the City Council shall hold a public hearing on this Ordinance before final passage at 7:30 P.M. on Monday, October 3, 1983. Introduced, read in full, and passed on first reading on the 6th day of September, 1983. Published as a Bill for an Ordinance on the 7th day of September, 1983; published in part on the 14th day of September, 1983. Read by title and passed on final reading on the 3rd day of October, 1983. Published by title as Ordinance the 5th day of October, 1983. Attest: ex officio City Clerk-Treasurer , Series of 1983, on Eugene L. Otis, Mayor I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and complete copy of the Ordinance P.assed on final reading and published by title as Ordinance No. 1f;? , Series of 1983. Gary R. Higbee 11 • I • • • • • MINUTES ENGLEWOOD, COLORADO BOARD OF ADJUSTMENT AND APPEALS August 10, 1983 The regular meeting of the Board of Adjustment and Appeals was called to order at 7:30 p.m. by Chairman Donald Seymour. MEMBERS PRESENT: Kreiling, Dawson, Gage, Ferguson and Seymour. MEMBERS ABSENT: Hallagin and Brown. ALSO PRESENT: Dorothy A. Romans, Assistant Director of Community Development Larry D. Yenglin, Planner I Sheryl Rousses, Recording Secretary * * * * The Chairman declared that with five members present, four affirmative votes would be required to grant a variance. BOARD MEMBER KREILING MOVED THAT THE MINUTES OF THE JULY 13, 1983, MEET- ING OF THE BOARD OF ADJUSTME T AND APPEALS BE APPROVED. Board Member Dawson seconded th motion. Upon a vote, all five mbers vot d in th rul d that the Minut s stand APPROVED. ffirmative, nd the Chairman * * * * BOARD MEMBER GAGE VED THAT THE FINDINGS OF FACT IN CASES 0. 11-83, 12-83, AND 13-83 BE APPROVED AS WRITTE • Board Member Fer uaon a cond d the tion. Upo n a vote, rul d that th m era vot d in the affiraativ Fact w r APPROVED. • * • • . 21-3 8 • Th Chai rlll8ll TO ) • Board of Adjustment and Appeals Minutes August 10, 1983 Page 2 Board Member Gage seconded the motion. • • • Upon a vote, all five members voted in the affirmative and the Chairman ruled that Case No. 21-83 was continued to the September 14, 1983, meeting. * * * * The Chairman opened the Public Hearing on Case No. 14-83, John L. and Karen S. Matthews, 4500 South Sherman Street, and asked that the staff identify the request. Mr. Yenglin stated that the applicants are requesting the registration of a two-family use in a single-family zone district. This is a variance from the Comprehensive Zoning Ordinance, Section 22.4-4 b -Permitted Principal Uses. The Chairman stated that he had verification of posting. Brian Magoon, 3333 South Bannock, Suite 600, Englewood, came forward and stated that he is an attorney representing Mr. and Mrs. Matthews. Mr. John Matth ws, 4745 South Grant Stre t, was sworn in. Mr. Magoon stated that Mr. Matthews had inherited the property at 4500 South Sherman Street upon the death of his father in 1980. He stated that a second mortgage had been taken out on th property for $50,000, the payments on which are $660 per month. Th rent for the top unit is $385, and the basement unit had rented for $265. H stated that ther would be a hardship on Mr. Matthews who would be forced to sell his property if not granted the vari nee. Mr. Magoon stat d that there were no obj ctions fro~ the adjacent property owner s. He said th t th base nt unit h d b n rented for at 1 at 15 years. H ave his opinion that th in purpo o S ction 22.4-cone rnin R-1-C, R sidenc District , is to prohibit co rcial rath r than to limit p op1e-rel t d buildings and situations. H av s an xample th permitt d us of re1i ioua ducational in titutions and public buildings, and not d that a school across the str t from 4500 South Sh r .. n Street. d that Mr. Matth ws and his fath r had re ceived cqui sc nc th 15 yeara th t th b nt unit h d n r stated that hia eli n v ld th r quir liat d in hia r th H aid n too dili nt in th )'liOur uildtna D1v111 uld pu n 1 uld c t hia v r Thr I . .. Board of Adjustment and Appeals Minutes August 10, 1983 Page 3 • • • Th e Chairman asked if there .ere any other persons who wished to speak in favor of the granting of the variance. No one came forward. He asked if there were any speakers in opposition . Mrs. Dorothy Andrews Romans, the Assistant Director of Community Development, 3600 South Bannock Street, came f o rward and was sworn in. She stated that the Planning Division of the City of Englewood recommends against the request because the house was constructed as a sing le-family dwelling and the conversion to a two-family dwelling was done without the Building Division's knowledge and without permits. The Comprehensive Plan projects this neighborhood as continuing to be single-family. If there are other duplexes in the neighborhood, they are not known to the City. Mrs. Romans stated that financial hardships are not justification for a variance, and other homes in the area realize a reasonable return in use, service and income while in conformance with the Comprehensive Zoning Ordinance. The purpose of the Ordinance would be weakened by granting the variance because this would increase the density and have an adverse effect on adjacent conforming uses. Mr. Seymour asked if there were any other speakers wh o o pposed the registration of the second unit. No one c ame f orward. Mr. Mago on asked to speak in rebuttal. He stated that granting the varianc e would not change the character o f the neighborhood, a s the use ha s been go ing on for 15 years, and there were three letters of approval from the neighbors. He said this area was designed t o prevent or prohibit c ommercial development and that the use had been go ing on fo r a co ns iderabl e time, giving Mr. Matthews a right t o continue the use. Mr. Kreiling asked i f there wa s hi t o r y o f the occupant s o f th e house. Mr. Matthews s tated that he ha d some n me of peo p le wh o had l iv d in t he ho use. Mr. Krei l ing did no t a sk fo r a written lia t . Th ChairDIII n clo d th e Public He a ring o n Ca No . 14-8 3. BOARD MEMB ER KREILIN G MOVED THA T I N CAS E 0. 1 4-8 3 , JO HN L . AND KARE S . MATTIIEW S BE GRANT ED A LATE REGIS TRATION FOR A TWO-FAM ILY USE I A SI ~LE-FAM ILY ZONE DIST RICT FO R PROPERTY LOCATED AT 4500 SOU TH SHERMAN STREET . THIS IS A VARIANCE FROM THE COMPREH ENSIVE ZO I G ORD INA 'C£, SECTION 22.4-4 b -PE RM ITTED PRINCIPAL USES. BEFO TH BAS T COULD B OCCUPIED, TH HOUS OUI.D HAV TO B BROUGHT UP TO TH BUII.DI COD S AS STATED I TH ORAND FROM GARY Plil'MA • Upon a vote , t Hra. 0 WIOn nd th th late re na ra v e a cond d th JDOtion • .. mber1 vot d in th Hr. Ga vot d in the n iltration w 1 0 I.D. th ir findin 1 1 f'oll w y.our , 11nun rul d 0 I . • • • Board of Adjustment and Appeals Minutes August 10, 1983 Page 4 Mr. Kreiling stated that he voted in favor because the six conditions necessary for a variance were present and the applicant agreed to bring the house up to Code. Mrs. Dawson voted against the variance because the property had been l isted as a single-family dwelling since 1 948, there were no building permits issued and it is important to uphold the Code. Mr. Gage voted "no" because the house is in a single-family residence area, and it should remain a single-family area. The house was never listed as a duplex. Mr. Ferguson stated that it did comply with the six requirements for a variance and had been a duplex whether registered or not. The impact on the area would not change and there was financial hardship. Mr. Seymour voted "no" because the house was built as a single, and illegally converted. The Chair man t old the applicant that his application had been denied. Mr. Magoon asked fo r a copy of the transcript . (Note: a transcr ipt of this case is available with the Secretary's file.) "' "' "' "' The Chairman declared that the Public Hearing for Case No. 15-83 was officially open . He stated that he had proof of posting, and asked that the staff identify the request. Mr. Yenglin tated that in order to cr ate a second buildin site, the applicant ia requesting a reduction in lot area fo r the n w aite from 9,000 to 7,663.5 square feet , reduction in total sideyard from 18 fe t to 13 feet, reduction in lot f r ontage f rom 75 feet to 65 feet , nd a reduction in th minimum required sideyard for the xisting house from 7 fe t to 5 fe t. These are variances from the Comprehensive Zoning Ordinance, Section 22.4-2 c (2) (a) -Minimum Area of Lot, S ction 22.4-2 f (2) (a) -Minimum Front e of Lot, and Section 22.4-2 i (2) (a) -Minimum Sid yard. Dr. Willia ia interested in purchasing nd dev lopin tha n w aite. The Chairman a k d that th applicant, Lavrenca H. Willis CaGe forv rd. L r nc nd waa worn in. prop rty, ich ia n W 1st has found th 1 lik to build a ain r quir 9,000 aquar 7,600 aqu r r t. Av nu , En 1 wood, ca .. forv rd liv a eros th atr t from th n ar a o d by caroline B. W iat. Mrs. a burd n to h r and Dr. Willie would dw llin on the lot. Th zonin rules th lot, and this lot uld b pproxi .. tely • I • Board of Adjustment and Appeal& Minute& August 10, 1983 Page 5 • • .. Dr. Willis showed an example of the kind of hou&e that he would like to build on the lot. The hou&e would be approximately 52 feet by 30 feet with a two-car garage. Mr. Ferguson asked if he was planning to take 52 f ee t from the 65 feet of width of the lot for the hou&e. Dr. Willi& &tated that he was. Mr. Ferguson asked how far Dr. Willis would be building from the Weist house. Dr. Willis replied that there would be 5 feet between his house and the property line, but 13 feet from Mrs. Weist's house. He submitted a plot plan showing the location of the propo&ed home and Mrs. Weist's home and their relationship to ea ch other . In going over the requirement& for a variance , Dr. Willi& stated that this use would match the re&idential character of the neighborhood. Don Weist purchased the property many years ago, the home was built in the east section of the property, and this lot was mad e into a flower garden, which has become difficult to maintain. The lot area is slightly deficient, and this is a circumstance peculiar to this property alone. There can be no home built on this lot if the zoning rules are followed. There would be a benefit to the community if a home is built on this lot. There are other properties without the full square footage in the neighborhood, and ten feet of width and twelve percent reduction in the lot area should not weaken the Ordinance. There would be no alterin of the char cter of the neighborhood, and the adjacent conformin proper ty owners were in agreement with the project. There w re two 1 tters submitted from the neighbors. Dr. Willis said he has always kept up his property at 830 East Cornell Avenue and h did not b lieve he would injure the adjacent conforming property. Mr. Seymour atat d that he beli v d the percents e of shorta e of lot area was clo r to 14.85%. Mr. Gage asked what would b don with the house acroa th street. Dr. Willis said he was not sure. • - Board of Adjustment and Appeals Minutes August 10, 1983 Page 6 • • - There were no further speakers in favor of the variance. There were no opposing speakers. The Chairman ruled that the Public Hearing for Case No. 15-83 was officially closed. BOARD MEMBER FERGUSON MOVED THAT LAWRENCE M. WILLIS, FOR PROPERTY LOCATED AT 835 EAST CORNELL AVENUE, BE GRANTED A VARIANCE TO CREATE A SECOND BUILDING SITE, BY PERMITTING A REDUCTION IN LOT AREA FOR THE NEW SITE FROM 9,000 TO 7,663.5 SQUARE FEET, A REDUCTION IN TOTAL SIDEYARD FROM 18 FEET TO 13 FEET, A REDUCTION IN LOT FRONTAGE FROM 75 FEET TO 65 FEET AND A REDUC- TION IN THE MINIMill1 REQUIRED SIDEYARD FOR THE EXISTING HOUSE FROM 7 FEET TO 5 FEET. THESE ARE VARIANCES FROM THE COMPREHENSIVE ZONING ORDINANCE, SECTION 22.4-2 c (2) (a) -MINIMUM AREA OF LOT, SECTION 22.4-2 f (2) (a) -MINIMUM FRONTAGE OF LOT, AND SECTION 22.4-2 i (2) (a) -MINIMUM SIDEYARD. Board Member Gage seconded the motion. Upon a vote all five members voted in the affirmative, and the Chairman ruled that the variance was GRANTED. The members gave their findings as follows: Mr. Kreiling stated that he voted "yes" because the tentative plans for the house and garage would be only 21% lot coverage, whi ch is within the requirements for a building site. Mrs. Dawson voted "yes" because she could understand having a larg lot th t beco a too much to care for. The new house will be an addition to th neighborhood. Mr. Ga e voted "yes" because, with the size of the lot, the division will b a definit improvement for the area. Hr. Ferguson vot d "y s" b c us a new hous on that lot wil l up rad th n i hborhood without da ge to anyon in the ar a, and it will incr a the tax bas . Mr. S y.our atated that th r was no opposition and thia would b a good ddition to th nei hborhood. Th Chairaan d clar d that the variance waa grant d and th c ould apply for buildin p raita. * • • * pplt nt • Board o f Adjus tme nt and Appea ls Mi nu tes Au gust 10, 1 983 Page 7 • • - Th e Cha i rman asked that the applicant come fo rwa rd . J ohn T. Daniel, 5946 Sout h Sy c amo r e Stre t , Littleton , 80120 , came f orward and was s wo rn in. He stat ed that h ia applyin for a va riance for the property a t 2000 We s t Iliff because th pr oper ty i s ho r t 636 square feet per building s ite . lt will me e t or surp a ss the o ther zoning requirements. A unique c ircums t ance exi s t s beca u se 42 7 square feet were lost when Tejon was wide ned. He tated t h at the variance will be of value to all, because the neigh bo rhoo d wil l be improved by the building on the vacant lots. The pro perty i s 85.5 feet deep, which is not as deep as the other lots in the neighbo rhocd and he proposes to build two doubles, with each unit having over 950 square feet of floor area. The ordinance will not be weakened, nor wil l the essential character of the distric t be changed; there are doubles a c ross the street. Mr. Ferguson asked if this will be income property. Mr. Daniel stated that it would be; it will no t be for resale at the present time. Mr. Ferguson asked Mrs. Romans about the landscaping. Mrs. Romans replied that the R-2 zone requires 40 % o f the lot to be landscaped. Mr. Gage asked if the application had been submitted to the neighborh ood c ommittee. Mrs. Romans said that they had not run it through the spec ial permit s y stem. She submitted two letters in favor of the application which had not been included in the packet. Mr. Gage asked what kind of structures Mr. Daniel was planning. Mr. Daniel stated that it would be a story and a half, with a g arden level nd an upper level . He said that siding had not been decided up on, a s ther are n o fina l plans for th e homes. There would, however, b no g arage or carport; but ther i a adequate spa c e f o r off-s treet pat~kin g fo r 1 ~ v hi cl per unit . The Cha iraa n a sked if v riance. wh n he start d. th r a t • .. Board of Adjustment and Appeals Minutes August 10, 1983 Page 8 • • • Mr. Kreiling stated that, from the sketches of the plot plan, there is approximately an 18% lot coverage for each building . He asked how much is the maximum percentage of lot coverage. Mrs. Romans stated that 35% of the lot could be covered. Mr. Ferguson said that the parking area would also be there, adding to the lot coverage. The Chairman asked if there were any further speakers in opposition. No one came forward . Mr. Daniel said that he had not been asked to furnish exact, detailed plans . Those plans would be expensive, about $3,000, and he did not want to have to spend th at without having a variance. He stated that he was meeting the parking requirements, and those required spaces have to be behind the house, so the driveway would provide additional parking. Mr. Seymour asked how much the units would cost to build. Mr. Daniel said about $55,000. Mr. Seymour asked how Mr. Daniel would feel about a month's delay while Mr. Daniel and the neighborhood representatives met. Mr. Daniel said he did not know what the neighbors want. Mr. Seymour said there is an organized procedure to adjust matters between developers and the neighborhood group. Mrs. Romans stated that the pa t case where the Special Permit System procedure was used, was merely an exercise, and that the new Ordinance had not been passed; therefore, the procedure is not in effect. Mr. Seymour said that, while it could not be required, he thought that going through the procedure would assure Mr. Daniel of getting the variance. Mr. Gage asked Mr. Daniel if he had any objection to providing an elevation and a sketch and meeting with the neighborhood group. Mr. Daniel said he would meet with the group. Mr. K lley said that all the procedur propo al, th entrance to th streets people who liv in the n ighborhood f the dev lopm nt that go s in. uld take is ak tch of the nd a g n ral floor plan. Th 1 that th y should have say in BOARD MEMBER GAGE MOVED THAT CASE 0. 16-83 BE TABLED UNTIL SEPTEMBER 4, 1983, PE Dl G THE APPLICANT AND THE NORTHWEST EIGHBORH D CROUP M ETI G TO REVIEW THE PLANS FOR DEVELOPMENT. ll o rd c:ond d th tion. vot d in the iraativ nd th h iraan * * * * h r rd ta • • • • .. Board of Adjustment and Appeals Minutes August 10, 1983 Page 9 The Board recessed at 9:25 p.m. * * * * The meeting was reconvened at 9:40 p.m. MEMBERS PRESENT: Kreiling, Dawson, Gage, Ferguson and Seymour. MEMBERS ABSENT: Hallagin and Brown. ALSO PRESENT: Dorothy A. Romans, Assistant Director of Community Development Larry D. Yenglin, Planner I Harold J. Stitt, Planner I Sheryl Rousses, Recording Secretary. * * * * The Chairman opened the Public Hearing for Case No. 18-83. He asked that the staff identify the request. Mr. Yenglin stated that the applicant is requesting a variance to allow total sign area greater than that allowed for a business located in a residential zone district. This is a variance from Section 22.7-9 b 4, Other Lawful Nonresidential Uses, of the 1982 Sign Code. The Chairman asked that the applicant come forward. Brian Leonard, 4785 South Lincoln Street came forward and was sworn in. Th Chairman said that he had proof of posting. Mr. Leonard stated when he bought his first sign, he was allowed a greater amount of sign area, a nd, without his knowledge, the City passed the current more stringent rules. He bought a new sign which brings his foot ge up to 24 square feet, nd he is allowed only 20 square feet. Additionally, he has a sign which is a G rfield-like painting on his sid wall which Hr. Stitt rul d w s l so sign. He stated that he did not r ad in th SE TINEL bout th n w Sign Code. Bo rd i gn . sk d if on of th on. u on a i an t • d • Board of Adjustment and Appeals Minutes August 10, 1983 Page 10 • • .. Mr. Leonard said those signs are all there, but the flashing has been turned off. Mr. Seymour asked how late at night the sign was on. Mr. Leonard said he had not been having it on at all but before he had to turn it off , it was on between 9 and 11 p.m. He wanted the sign at night to attract people who do not travel by his place of busines s during the day. Mr. Harold Stitt, Sign Code Enf orcement Officer, stated that the Sign Code permits signs to be lighted in residential areas no later than 11 p.m. The Board noted that the use of the business is a nonconformin g use in this area. Mr. Leonard said he needed a larger sign because he is set back from Broadway. Mr. Ferguson asked if the wall sign would have been erected if it couldn't be seen from Broadwa y. Mr. Leonard answered that it would not, that this is the best means he has to advertize. There were no further speakers in support of the variance. The Chairman asked if there were any speakers in opposition. Mrs. Romans stated that she had received a letter from Cathy Kalevik of 4301 South Bannock Street in Englewood. The letter stated that she wished to be entered as an objector to the variance of the Sign Code at 25 West Quincy Avenue. The letter was entered into the record. The Chairman asked if there were any speakers in opposition. Harold Stitt, 7000 West 24th Avenue, Lakewood , came fo rward and was sworn in. He stated that the staff recommends that the variance be approved, with the following conditions: 1. The Garfield sign must be remov d. 2. The flashin mu t be made permanently inoperativ • The sign can b lit, but it c nnot flash. 3. All n c ary permits nd licens s mu t b obtain d within 30 d ys from th grantin o th varianc Mr. Stitt at ted th t th reason for the recomm nd tion i that th buildin~ is in a unique situation , in tl.at it do a not have nor 1 ace aa to th Bro dw y corridor, and th ai n will only erv to id ntify the buain as. Th buain aa is r iater d nonconforain ua , and th buildin has b d for business sine th 1 SO's. Mr. Stitt at t d th t no ai ppoaition to th buain a ha n r 1st r d with th City. Th Ch ir b or a submittal o at t d th t b e u th writ r h w his ai n could ud ace tr • Board of Adjustment and Appeals Minutes August 10, 1983 Page 11 • • - The Chairman declared that the Public Hearing on Case No. 18-83 was closed. BOARD MEMBER KREILING MOVED THAT THE APPLICATION CONCERNING SIGNS AT 25 WEST QUINCY AVENUE BE GRANTED TO ALLOW TOTAL SIGN AREA GREATER THAN THAT ALLOWED FOR A BUSINESS LOCATED IN A RESIDENTIAL ZONE DISTRICT, IN ACCORDINANCE WITH THE RECOMMENDATIONS OF MR. HAROLD STITT. THIS IS A VARIANCE FROM SECTION 22 .7-9 b 4, OTHER LAWFUL NONRESIDENTIAL USES OF THE SIGN CODE. Board Member Gage seconded the motion. Upon a vote, four members voted in the affirmative, with Mr. Ferguson voting against. The Chairman ruled that the variance was GRANTED. The members gave their findings of fact as follows: Mr. Kreiling stated that with the recommendations of the Sign Code Enforcement Officer, he voted for the variance for the area of the sign located at 25 West Quincy Avenue. Mrs. Dawson voted "yes" because there is a disadvantage because of th location of the building. People will be able to see the sign from Broadway. Mr. Gage voted "yes" because the applicant h d a hardship because his prop rty i s so far from Broadway. This will show up to the traffic driving north and south on Broadw y. Mr. F rguson voted "no" b cause the applicant violated th fi r st two conditions for a ai n variance. This chips away at the i n cod • This is not in the business area. Special circumstances are givin the applicant an advanta e that oth ra do not have. Mr. Se}'lDOur voted "yea" becaua there w s a hard hip and Mr. L onard n eds very possible chanc to make the buain sa work. tr n th h • * * * a d clar d op Mr. Yen ainiiiU r ot for th h a n. rd l, • Board of Adjustment and Appeals Minutes August 10, 1983 Page 12 • • - storage shed. He called the Board's attention to letters from his neighbors--Kimberly Village to the west, and two neighbors to the north. These letters expressed approval of the building Mr. Kehoe wants to add. He stated that he wanted a roof, not a walled-in room. The garage is 9 feet, ten inches from the wall to the west. The wall is on the property of Kimberly Village. If he left a five foot setback, he would only have a structure about 4 feet wide, which would not present a good appearance. Mr. Ferguson asked if this was a type of lean-to. Mr. Keohoe said that it was. Mr. Seymour asked if construction had been begun without permits. Mr. Kehoe admitted it had. He said that, as the Manager of Kent Village, he had wanted the shed for a long time, and when it was approved by the Board of Directors of Kent Village, he began construction immediately. Mr. Seymour asked what was on the other side of the wall. Mr. Kehoe stated that it was a parking lot. Mr. Seymour asked how close the cars could get to the wall. Mr. Kehoe said within about 20 fee t. Mr. Seymour stated that this construction would encroach severely on the utility easements, and the light cable could not be reached. Mr. Kehoe submitted some photographs. Mr. Kreiling asked if the slab to the north of his property, which is used by the neighbors to the north, was within the easement. Mr. Kehoe said he did not know. Mr. Kehoe stated that he has two golf carts, a tractor, four push lawnmowers and edgers which r duce the available space in his garage. He would like to stor his winter equipment in the shed in the su r, nd in the winter stor his summer equipment. Mr. Ferguson said th t if only a roof is put on, it will b little protection from the weather. Mr. Kehoe said h would like to close in th 1 an-to. Hr. Seymour sked at will h pp n wh n Public Service or th phon company d cid s to go through th r to bury th utiliti s. Mr. K ho said the shed would not b exp naive, and if it must, it would come d Mr. K ho said that th phon company r pr sentativ did a y th t it uld b all right to build th r • Mr. S ymour atat d that h felt that th Mountain 8 11 repr aentative wa a incorr ct in ivin that a surance. if there 1tion to lon to • locat d within our Hr. y k • Board of Adjustment and Appeals Minutes August 10, 1 983 Pa ge 13 • • - The Chairman closed the Public Hearing for Case No. 20-83. BOARD MEMBER DAWSON MOVED THAT IN CASE NO. 20-83, THOMAS H. KEHOE, FO R PROPERTY LOCATED AT 3395 SOUTH RACE STREET, BE GRANTED A REDUCT ION IN THE MINIMUM REQUIRED REAR YARD FOR AN ACCESSORY STRUCTURE FROM 5 FEET TO 1 FOOT FOR THE PURPOSE OF ADDING A STORAGE SHED TO THE EXISTING GARAGE. THIS IS A VARIANCE FROM THE COMPREHENSIVE ZONING ORDINANCE, SECTION 22.4-2 1 (1) (d) -ACCESSORY BUILDINGS AND PERMITTED ACCESSORY STRUCTURES. Board Member Gage seconded the motion. Upon a vo te, two members voted in favor of the motion, and three members, Mr. Kreiling, Mrs. Dawson, and Mr. Seymour, voted against the motion. The Chairman ruled that the variance was DENIED. The members gave their findings as follows: Mr. Kreiling voted against the variance because there was no hardship and because the construction would be in an easement. Mrs. Dawson voted "no" because there must be another place to store those things, and there sh ould be no building over an easement. Mr. Gage voted "yes" because Public Service and Moun tain Bell had no objec tions to putting a shed over their easement. The structure would be well hidden from everyone but the owner. Mr. Ferguson vo ted "yes" be cause there was a hardship, as ther is no place for the s tor g , in the eyes of the applicant, that ia as good as this location. The utility com panies gave permission for buildin in n easement . Mr. Seymou r voted "no" b caus it should n ot b zone district; there ar other plac s for it. vot for an ncroach nt on an eas ment. built in an R-1-A He did not fe 1 bl t o • • • • r 22-83. The staff waa aaked to id ntify Ch rry tr p rt nt in ord r to c r ate a a cond buildin duction in the minimum lot ar ( t or both buildin itea, and k t 503 t, a w rn in •• a r pr Co.-unity D v lop nt. H nta iv atat d I • • • - Board of Adjustment and Appeals August 10, 1983 Page 14 that the City received a 1982 Community Development Block Grant from the Department of Housing and Urban Development to help relocate several houses on South Bannock Street, which are adjacent to Little Dry Creek. This area is going to the scene of a major flood control project in the near future. An effort is being made to relocate the houses in Englewood, but there are not many vacant lots. The lot at 503 West Dartmouth Avenue is available, and the City would like to divide the property into two lots in order to relocate two of the single-family houses. This would require a setback variance on the rear yard of the northern lot. The variances requested are not out of line with the rest of the neighborhood, and the density will be less than is permitted in the zone, Mr. Hinson testified. Mr. Seymour asked if the houses would both face South Elati Street. Mr. Hinson said that one may be facing Dartmouth; however, there can be no further curb cuts off of Dartmouth Avenue. Mr. Ferguson asked in regard to the 15 foot rear yard setback of the north lot, if that would be an Elati address, and if the house would be 10 feet closer to that fence. Mr. Hinson said it would. Mr. Ferguson said that with the other house facing Dartmouth, the house would be even closer to the rear lot line. Mr. Hinson stated that, as negotiations had not been completed for one of the houses, the plans have not been comple ted in detail. Mr. Ferguson asked why they had not pl nned a multiple unit instead of single-family houses. He said there was a multi-unit on South Bannock Street. Mr. Hinson replied that that house was not suitable for moving. The house which the City is planning to move is located at 3440 South Bannock Str et. Th City h s lso entered into n gotiations with the own r of nother hou on that Stre t. Th Bo rd asked why they w r to wh t ho would b moved. Mrs. Roman s v rianc w a to ask for the division of th site, th hou a. Mr. Ferguson sk d for th Mr. Hin on a id that one is 30 feet by 0 f et on two aid nd is n L-h p d hou of quar fe t. The 1200 aquar uld b on nd the 1400 aquar oot house rn lot. • • Board of Adjustment and Appeals Minutes August 10, 1983 Page 15 • • .. Mr. Kreiling commended on the lack of a detailed plot plan. Mr. Seymour agreed. The Chairman asked if there were any other speakers for the variance. No one came forward. He asked if there were any speakers in opposition. Terry Schaff, 3032 South Fox Street was sworn in. He said that no one had asked for his approval of this plan. The traffic problem is bad there; there have been several instances where elementary school children have been hit by cars, even with the walk light. He had met with the principal of the school and the head of the traffic division, and had the RTD bus stop moved. It was moved in front of the subject property. With the widening of Santa Fe, the traffic problem will get worse. He asked why the City wasn't considering a duplex with better access for cars. To the north of Mr. Schaff, the City built a low-income building that is a nice looking building, with four off-street parking spaces. The parking spaces, however, he said, cannot be reached by normal- sized cars. He said the City has not cared for the property. There has been a mattress taking one parking space for three months. There has been a concrete fence post on the other parking lot, and th y put up a chain link fence beside a 6 foot cedar fence, and the we ds ar growin in there and haven't been clipped all summer. He said th n ighbor would not let the City do the same thing just 100 feet way. Th h h ve put a lot of money into rebuilding their homes throu h loans from the City, and now the grade of the neighborhood lowered with the granting of this variance. Mr. Lawrence Kucharski, 511 W at Dartmouth, w s worn tn. H s id that puttin two hous s on that prop rty would b crowd d. A duplex would b fin . Th traffic situation on that atr t ish avy. Th alley d sn't officially run east and w st, but is made up partially of a t 1 phone easem nt going into his prop rty. Froa th r th all y o a north. H liv a n xt to Mr . Bosh 11, and has driv wa y op ntn on rtmouth. Two hou , he said, uld b too auch for th t ap c • The p rkin would al o b a probl •· Th re ar .. ny ccid h r , about day. He said h w a n t visit d b th City to pproval on H n • • • - Board of Adjustment and Appeals Minutes August 10, 1983 Page 16 Mr. Kreiling asked if Mr. Durkin lived next to the duplex. Mr. Durkin said he is right next to it to the north. Mr. Gage asked what they would like put on that empty lot. Mr. Durkin suggested a triplex or a duplex. Mr. Ferguson said in a duplex there would still be two families, with the same density, garbage, traffic and the same number of people . Mr. Durkin said a duplex is usually 800 square feet, with a family of three or four. Mr. Durkin stated that a low-income house next door to him has 13 children in the front, and another family in the back with some children. He said the City does not have a proven history of performance on this kind of program. Mr. Schaff stated that this variance would be chipping away at Englewood 's Ord inances and Codes. Mr. Ferguson asked wh at they wanted built on that property. Mr. Schaff said it was zoned for a duplex. Mr. Ferguson said the only difference is that the houses are separate. Mr. Schaff asked how many bedrooms the houses would have. Mr. Hinson said there are two bedrooms in each house. Mr. Hinson said that the houses would each be sold for 60,000 to 70,000 dollars. They would not be low-income housing; they would be owner-occupied homes. Mr. Gage said they would be sold to people who would be responsible for the upkeep of the property. Mr. Schaff said that he was worried about the low-income housing, because first they had been told there would be a cedar fence, and they had then b en told it would be an old folks' home. Mr. Seymour said the Board was not a complaint agency, and the low-income house has nothin to do with the present c se. Mr. Dedrich said that the SENTINEL said it would be low-inco property. Mr. Hinson asked to mak a r buttal. H atat d that this ia not an Englewo od Hou sin Authority proj ct. The Fed ral governm nt has given th City the mon y to relocate two hou , to v th m, by moving them on to the e lots, nd then to a 11 them. This ia not a Houain project, this ia a Community Develop nt program. Th purpos ia to provid afford bl houain in th 60,000 to 70,000 dollar r n e. It has b n difficult to find property for the proj ct. This land could hold a nd th two 1in 1 -family houa a ae med b tter for the n i hborhood. th t h w 1 sorry that h had not cont cted all th n 1 hbora; n cl a d a variance b fore, and thou ht that only th im- quir d to ai n th 1 H r p t d that hou a. Th bilitatin th •· nd brin in th p p a ibility of th li II did not 1 11. r. to b a probl • 22-3. • Board of Adjustment and Appeals Minutes August 10, 1983 Page 17 • • - BOARD MEMBER FERGUSON MOVED THAT CASE NO. 22-83, TilE CITY OF ENGLEWOOD, FOR PROPERTY AT 503 WEST DARTMOUTH BE GRANTED A VARIANCE TO PERMIT A SECOND BUILDING SITE, BY GRANTING A VARIANCE PERMITTING A REDUCTION IN THE MINIMUM LOT AREA FROM 6,000 SQUARE FEET TO 5,000 SQUARE FEET FOR BOTH BUILDING SITES, AND A REDUCTION IN THE MINIMUM REAR YARD SETBACK ON THE NORTH SITE FROM 25 FEET TO 15 FEET IN ORDER TO MOVE TWO SINGLE-FAMILY HOMES ONTO THIS PROPERTY. THESE ARE VARIANCES FROM THE COMPREHENSIVE ZONING ORDINANCE, SECTION 22.4-5 c -MINIMUM AREA OF LOT AND SECTION 22.4-5 m -MINIMUM REAR YARD. THE CITY OF ENGLEWOOD IS REQUESTING THE VARIANCE AS A PART OF THE RELOCATION PROGRAM FOR THE HOUSES LOCATED ON SOUTH BANNOCK STREET IN CONJUNCTION WITH THE FLOOD IMPROVEMENT PROGRAM FOR LITTLE DRY CREEK. Board Member Dawson seconded the motion. Upon a vote, all five members voted in the affirmative, and the Chairman ruled that the variances were GRANTED. The members gave their findings as follows : Mr. Kreiling stated that the disagreement with the neighbors was based upon a misunderstanding. The City's commitment to save the houses will not cause devaluation in the area. Mrs. Dawson voted "yes" because the disagreement was about an entirely different matter. Building sites are at a premium in Englewood. Thes hou s have to be moved, and the hom own rs will take better c r of th places. r. Gage vot d "yes". Ther opponents of this request. that mpty lot is filled. was a misunderstandin This will up r d th on tb part of th n ighborhood en Mr. Fer uson said he b liev d that it meets with th aix requirements for a variance. Th City is lookin for vacant lots. The value is equal or supe rior to the hous a in th ar a. Once the ar sold th re will b n ~ p opl mavin into th area. Mr. Seymour vot d " a" because it will provid child r n can live in En lew od to ill up th e thil will t rid of a vacant lot. • * * • no buain aa und r Oir ctor'a djourn d at 11:25 p.a. oice or • additional houaea. More ty school roo , and rd'a Choic • Th I • • • • • CITY OF ENGLEWOOD PLAN ING AND ZONING COMMISSION September 7, 1983 I. CALL TO ORDER. sB The regular meeting of th e Ci t y Planning and Zoning Commission was called to order at 7:00 P. M. by Chairman Becker. Members present: McBrayer, Stoel, Tanguma , Venard and Becker Romans, Ex-o fficio Members absent: Barbre , Carson , Allen II . APPROVAL OF MINUTES. August 2, 1983 Chairman Becker stated that the Minutes of August 2, 1983, were to be considered fo r approval. Tanguma moved: St oel seconded: The Minutes of August 2, 1983, be approved with "Memb rs Pr s nt" changed to "Members Absent" on page one. AYES: McBrayer, Stoel, Tanguma, Venard and Becker NAYS: one ABSENT: Barbr , Carson, All n Th motion carried, III. ELECTION OF VICE-CHAIRMAN. Ch irm n B cker sta t ed that with h r dv n c r signation from th e Commission , it w uld b position. into the Chair upon Mr. S nti's nece ssary t o fill th Vic -Chairman's rond d: ominati n of Mr. r for Vic Chairun. AY S: r, Sto 1, \' n 'AY rd nd II ck r ABS T: , Carson , All n Th IIOt 1 n r rri d. Mr. .llray r h un niaoualy. to V n rd nd II k r c r n, All n d. ld full aup r r • I • I . • • - -2- IV. COMPREHENSIVE ZONING ORDINANCE. Mrs. Romans said that Sheryl Rousses would act as secretary to the Planning Comm ission for meetings concerned with the Zoning Ordinance. She introduced Sharon Seivers of Keene, Munsinger and Stuckey, who was substituting for Mr. Stuckey, and would advise the Board on any legal questions. Also present was Susan King, Senior Planner. Mrs. Romans suggested that the meetings be a very informal discussion of the Comprehensive Zoning Ordinance, Sections R-1-A, R-1-B, and R-1-C. She s tat ed ' that the staff had gone through the Ordinance and had made recommendations based on problems which have arisen in dealing with the public and administering the present Ordinance. The purpose of these meetings is to r fine the proposed ame nd- ments, clear up difficult areas, and tighten the rules which are b ing circumvent ed. Legal assistance will be needed, most particularly in the Administrative and Non- conforming Use sec tions, the Definitions and Legal Status. She said that th courts sometimes render an adverse decision because of a technicality, and she would like to avoid that happening with the new Ordinance. Mrs. Romans stated that at the pr tim , they would not make any chang s in th Flood Plain Ordinanc becaus con forms with FEMA standards. The Co n- ditional Use section was rec ntly and b chan g d xten iv ly. The City Council will hold a Public H aring on lnium Ordin nc on Octob r 3 , 1983. Mrs. Romans, Susan Pow r , Susan th City Council m t on S ptemb r 6 for a two hour session on th Land capin Councilman Hi day i st rongly su pporting th Land capin 0 din r . .. 1. cu n a on lot lot ar a h 9 ,000 squ f T l r ferr d th d d too of th d t f1 rt of v lop n nl f limit ina. Dletrict." out ..1 .. ; "n" 1ayin th 1 rv on h • • • • -3- Mrs. Romans said that in the R-1-A district, it is proposed that the lot frontage remain 75 feet. Churches and schools would be required to have 200 feet of front- age, and asked that the change be made on Page 2 from 125 to 200 feet. There were no ~hanges proposed in floor area. Mr. lcB r y r sk d about basement houses. Mrs. Roma n s said that they are not per- mi tt d. Mr. ~Bray r said that solar or earth homes should be considered. Ms . King aid that th y would be permitted if they met the Building Codes . "c (2)" should r ad "All other permitted principal uses ." ~r . Rom ns aid that the height requirements a r e proposed to remain the same. ~r. M Brayer aid that th Building and Plan ning Division s have given him two dif- ferent p rmissible h ight~. Mrs. Romans said that the Planning Division will be confo rming to th standards of th Uniform Building Code. Hr • sid 7 fe that Roman said that the minimum front yard would be 25 feet as it was before; the yard would r main the same, a total of 18 feet, with neither sid less than t. Public Building sid yards would remain th same. The Commission suggested it b rais d to 25 f et bee use the minimum lot size has been increased. Mrs. Romans aid that the r ar yard would remain 25 feet. There would b two off- s tr et p rking spaces requir d for singl -family and churches, school nd public building w uld h v to comply with th p rking standards in th Supplem ntary R gulations. ~r. Tanguma and Mr. McBray r sugg t d that hard surfac s should b required for th p rking r a . Mr. Sto 1 gr d. Mrs. Romans said that th sur- f c would b cov r d in th Suppl m ntary R ulations, and she would k a not of thi for th ion of tho ulation qu stioned the p rking. Mr • Romans ld th purpos to ca rry traffic; 2) to provid cc ss 0 f tht lot. 8 f I t tw o purpoa ar ad quat ly t nd y f or p rkin . , to avoid Th a t ff nv r d o d r ) • • • • -4-.· back cannot b more than 1/3 of the lot. Mr. McBrayer said that he objec ts to every house being exactly 25 feet from the street, and suggested that the absolute minimum front setback be 15 feet. with consideration being given to th e setbacks of the neighbors. If the setback is changed to 15 feet, there s hould be absolutely no porch encroaching on that setback. This would produce larger backyards. They suggested that the law firm which is as sisting with the revision to the Zoning Ordinance work on wording for averaging with the neighbors. Under Sheds, the Commission discussed making the maximum height a lower number of feet, and finally agreed on 10 feet as a maximum height for the sheds. Mr. Tanguma and Mr. McBrayer stated that the setback requirements should be waived in the case of storage sheds, because they are largely ignored anyway. Mrs. Becker objec ted strongly to the idea of a neighbor placing a storage shed so c lose to her property line and asked that the staff check with the Fire Department. Mrs. Romans said the staff would like to limit the sheds to only one on each lot. It wa s d ci ded that the new section (2) should read "STORAGE SHEDS. ONE STORAGE SHED NOT MORE THAN 100 SQUARE FEET IN AREA WITH A MAXD!t]}t HEIGHT OF 10 FEET." There were no suggested changes f o r side yard or rear yard. The Hom Occupation section had been discussed recently and there was no further discussion of that section, although it wa s changed to (3). Sha red Housing was changed t o (4). In Section m, Other Provisions and Requirements, th staff would lik to prohibit large tractor and trucks in residential areas. Mrs. Romans called the Commission 's attention to the liquefied petroleum gas regulations submitt d by th Fire Department, which has ben inserted into the residential zon s . Mr. Venard asked for an xplanation of item (K) cone rning th u e o f 1 ctric motors. Mrs. Romans st ted that this wa provision for a 11om Occup tion only , not th e home handyman; it prot cted then ighborhood from con t ntly runnin loud motors. Pr mis ~ r gul tion pplied to Tupp rw r it did not for n occ sional p rty, but lOuld b hair n 8 ck r ugge b ginning th m nt r latlv to group hom should b "th r aid nt1 of th District." Hr. b that. could b d!d not u h units would h p Attorn y'a Off!c to R-1-B. Mr • Roan said tha t th tat - dd d, s in R-1-A; alao th d l tlon of • • ( • • - -5- Under Home Occupations, Mrs. Romans said that c hild care center of up to 12 children are permitted as a Conditional Use, which permits some supervision by th e City. In Section o, Other Provisions and Requirements, the staff would again include prohibition of trailers and trucks in residential areas . Mr s . Becker and Mr. Tanguma asked if this couldn 't be regulated by n oise and pollution ordinances. Mrs. Romans said that there is no provision for this in the Zoning Ordinance , and that staff would like it included. In R-1-C, the same sections were changed to conform with R-1-A and R-1-B, with changes in the first section; that churches and schools have 24,000 square foot minimum lot area; 200 foot frontage for churches and schools, with 25 f ee t f o r each side; 15 foot setback requirements; landscaping section removed; storage shed amended; attached garages deleted, with "D e tached" removed from Garages and Ca rpo rts; and the prohibition of trucks and trailers from Section o. The Commission decided to continue with R-2 Medium Density Residen ce District at the next meeting on the Zoning Ordinance. Mrs. Romans called the Commissioner 's attention to th provision p rmitting building on substandard lots (Page 11 (2)). She suggested that a m ting b devot d to th Zoning Ordinance every first Tuesday of each month. Mr. McBray r a nd Mr • Becker sugg sted that whenev r th re are no cases, they could wo rk on the Zoning Ordin nc Mr. McBrayer asked for a definition of a r el igious institution. Mrs. Romans stat d that th Board of Adjustment has b n promised that they c n hav input in th Ordinan c , and sugge sted a joint m eting wi h th Plann ing Com-miss ion. Thlr w no public p r s nt; h d nuthing furtht-r to dd. • Seiv rs did not wi sh to p ak , nd th Dir ctor Mr. Sto ld I k d to whom h would pply to dd Pl iza, xt n ion 50 • n w lo ding z n • Mr . R m n ld r • • • • -6- There being no further business, the meeting adjourned at 9:40 P. M. Sheryl R6US5es Recording Secretary Pro tern I • • • • • - mNUTES ENGLEWOOD PUBLIC LIBRARY ADVISORY BOARD September 13, 1983 Chairman Bob Currie called the regular meeting of the Library Advisory Board to order at 7:30p.m. PRESENT: Bob Currie, Barbara Bray, Alfred Quaintance, Lois Sterling, Kay Van Valkenburg , Dorothy Wheelehan REGRETS: Jerry Valdes, Marietta Brown, Debbie Dix ALSO PRESENT: Sharon Winkle, Director of Libraries Donna Gottberg, Recording Secretary Roll call was taken and a quorum declared present. ~1r. Curr ie turned the meeting over to ~1s. Winkle for the Director's Report. There was a discussion on the 1984 Arapahoe Regional Library District contract. ~IDTIO : To forward th RLD contract on to City Council for approval. ~by: Lois terling Seconded: AI Quaint nee ~lotion carried. 1s. Winkle presented a project for developing for sale to the public, with advertising for the L1br ry, calend rs for 19 4 with the 1884 Englewood map in full color. This, nd h Rcmc br nee l'und re revenue mal.ing projects, under the sponsorsh1p of the Libr ry So rd, for th Library. The Board had no obje tions to th map project. 1s. 10ldc d1 fr which ny r h Oonor' lund, or the Round Robin. por 10n o thi progr 111 h rdware co. . The unJ . nd lOll • • • • • -2- at the Budget Retreat. If there are no changes the total 1984 Library Budget is $565,371, and this amount will maintain our current purchasing power for materials for the public service collect ion. fs. Winkle presented a brief update on the Metropolitan Library District. ~1s. IHnkle wanted to make a clarification on the newspaper articles regarding the square footage needed by the Library Department. Our current square footage is just under 21,000 sq. ft. and it was hoped that a new facility would contain 30,000 sq. ft. for public service area, and another 5,000 for staff (possibly on another level). There was a brief discussion on the growth of Englewood and the need for this increase in space. Ms. Winkle distributed copies of an agreement with Swedish Medical Center Library. This will be discussed, in depth, at a future meeting. Our contract with Aurora Public Library for use of their data base was approved by City Council on first reading. Second reading will be next week. The con- tract must then pass the Aurora City Council. Engle od Public Library will sponsor a "Happy Birthday, Englewood!" co ntest in commemoration of Englewood's 80th anniversary, the 25th anniversary of the home rule ch rter and the 75th annivers ry of the volunteer fire department. Infor- mation on this contest will be forthcoming. Color do Library Association (CLA) will hold 1ts annual convention October 16-19 at Colorado Springs. Anyone interested in attending must register before Oct. 7. There was a brief discussion of th genda. Ms. Winkle noted that funds were available for Board members wi h1ng to ttend . ·o corre pond n a final updat on th Boo S le b 1ng held September 17th. -~ed if Is. Simon h d gotten the ppoin ment to the Metropolit n Board. Is. Win le h s h d no official ~o ord a yet. unfini ·hed bu in bn lOn 0 th 3 t t 1 t i. I R r . he ugu t eti b pproveJ wrltt n . e in :35 p.m. • I • - - • • - -2- at the Budget Retreat. If there are no changes the total 1984 Library Budget is $565,371, and this amount will maintain our current purchasing power for materials for the public service collection. ~Is. Winkle presented a brief update on the ~letropolitan Library District. Ms. Winkle wanted to make a clarification on the newspaper articles regarding the square footage needed by the Library Department. Our current square footage is just under 21,000 sq. ft. and it was hoped that a new facility would contain 30,000 sq. ft. for public service area, and another 5,000 for staff (possibly on another level). There was a brief discussion on the growth of Englewood and the need for this increase in s pace. Ms. Winkle distributed copies of an agreement with Swedish Medical Center Library. This will be discussed, in depth, at a future meeting. Our co ntract with Aurora Public Library for use of their data base was approved by City Council on first reading. Second reading will be next week. The con- tract must then pass the Aurora City Council. Englewood Public Library will sponsor a "Happy Birthday, Englewood!" contest in commemoratio n of Englewood's 80th anniversary, the 25th anniversary of the home rule cha rter and the 75th anniversary of the volunteer fire department. Infor- mation on this contest will be forthcoming. Colorado Library Association (CLA) will hold its annual convention October 16-19 at Color do Springs. Anyone interested in attending must register before OLt. 7. There was brief d1scussion of the agenda. Ms. Winkle noted that funds were vailable for Board members wishing to attend. Chairman 's Report lr. Currie gave a fin a 1 upda on th Book Sale being held September 17th. ked if 'I . SUilon h d eotten th appointment to th Metropol it n Bo rd. s. Wtn le h s had no official word as yet . . ·o corre pond en o unfinished bu 1n brie d1 ~u ton o 3 tat i l R port . th U&IJ t 9, 3 et 1 b tin Jjourn :3S p.a. ·1 • 3 d • I • • • - E lG LEW OOD 001-I~'TOI·IN DEVELOPMENT AUTHORITY 3 535 S. Sherman -Englewood, CO 80110 MINUTES September 14 , 1 983 SD Boa r d Memb e r s Present: Close, Colema n , Gasson, Holthaus, Kau f man, Mau olf, Maxwell, Neal , Pe nd l eton, Tamooka Boa r d Members Absent: Owe ns Staff Pr esent: M. Haviland, P. Di e tr ich Guests: John Pearce Chairman Casson call d the regular meet ing of the Englewood Downtown n v lop- ment Autho r ity ~oard of Direc t o rs to o r der at 12:10 PM on Sept mb r 14, 19 3. Mr. Ka ufman moved, conded by r s. Holthaus, to app r ove t he minut a of the August 3, lq83 r gular meeting . Mr. Ga on a s ked whether or not th bills for 1 ct r icity included t he par king lot and walk t hrou h. Th Staff will look into this and upply Mr. Pendl ton t h info rma tion !or a r port to b given at th Octob r regular meeting. Th r b ing no furth r discu - sion, th motion wa pass d unanimoudy by voic vote. r. P ndl ton pr cond d by Mr. pa d unanimou lv r. s ond 19 3. 1 • Ill AIRMAN'S R PORT I' r ca t th d th bills for paym t. Mr. Pendleton •ov d, to approv the billa for paym t. Th .otion wa vo1c vote. sent d th Tr asur r' & port. Mr. Clos to ace pt th Tr a ur r's R port a d unani u ly by voic vot • IIIOV d, nt Pl n -Mr. N al City i lookina for coincid with t City' a kina a co it nt Cr d an official Pl n y t. of July 31 , av an updat on a au rant of B p ndina .on a hot 1 C'On rn. th r v lop• ady' H ndt- Al I • • Page Two EDDA Board Meeting September 14, 1983 • • - Mr . Kaufman questioned the plan detail for Girard Street . Al~o , he wanted to know if any change~ are going to be made, how thi~ will affect the Broad- way Facade Improvement Programs. Mr. Neal indicated that the City Staff will review thi~ plan detail and make their recommendations. Also noted wa~ that payment for properties will be determined by fair market value . Thi~ includes any improvement~ made to the property. Design for Signage on Broadway -Mr. Neal ~tated that a graphic designer ha~ been hired through Ron Abo to do the street signage. Mr. Haviland is to arrange for a presentation at the October Board Meeting for this graphic design on the signage. It was noted that the EDDA will consider paying for this block identification improvement program. 2. 1984 Budget Sub Committee -Mr. Gasson appointed a sub committee of Bill Pendleton, Chairman , Rachel Owens, John eal, and Michael Haviland to review and present a proposed 1984 budget to the Board. BROADWAY lTPDATE 1. Promotional Brochure -Penny Dietrich pr sented the two brochure that th F.DDA has prepared to ncourag p rticipation in th Broadwav Pacad Improv nt Programs. At this point, fiv erchant and/or prop rty owners hav indicated an interest in th d ign assistance progra . n Abo is workin on th s r nd rings. 2. 4. with Prop rt Own r -It wa Roard could also promote th s th v know. v ral Board M mb r indicat v and major property o wn rs. 11ugg 11 progr d that for Individual M rchants v11. Building -Th Loan paltry that loan will b availabl for ach bu tn ~ ch buildin • This will b t h lpful in r. Haviland pr con ul ant to a tor Aft r di ted in pur utna • that 1 t would with prop r y ul talk to c 1 prop I wh r by th Bro d y th o rd • ( • Page Three EDDA Board Meeting September 14, 1983 • • • Mr. Haviland indicated that the Burke Sidewalk Maintenance Company will have a proposal and bid for street sweeping and snow removal for the 3200 -3500 blocks of South~oadway. Th±s proposal will be presented to the Board for their consideration at the October meeting. OTHER-Mr. Coleman presented the following motion for the Board's considera- tion. "The Englewood Tlowntown Development Authority find it impossible to approve or support any development plan that does not include a concise plan for r elocation for those individuals and businesses that are dis- placed. " The motion was seconded by ~r. Pendleton. Discus ion followed. Mr. Coleman indicated that there should be no redevelopment without pecific relocation benefits for those merchants that will be affected by thi Plan. After further discussion, Mr. Pendleton moved, s conded by ~r. Mausolf, to table this motion. The motion to table Mr. Coleman's motion was passed unanimously by voice vot e. Ther b ing no further business, th m ting was adjourned t 2:05 PM. • • • • • • • SE '' Services fl{ ~ September 21, 1983 TO: Andy McCown, City Manager FRml: Gary R. Diede, Director of Engineering SUBJECT: OUT-OF-STATE TRIP TO AMERICAN PUBLIC WORKS ASSOCIATION CONGRESS & EQUIPMENT SHOW IN DETROIT, MICHIGAN The theme of the 1983 APWA conference in Detroit was "Making Life Be tter for Everyone". The first impression that came to me was of providing better services more efficiently, which was verified by the programs and papers presented during the September 10-15 Congress. Every United States and Canadian APWA chapter was represented again this year , with a record number of equipment and service displays at the Equipment Show. This year, as president of the Colorado Chapter of APWA, I attended several meetings with other chapter presidents to discuss ways to improve our own chapters as well as the APWA national organization. I found some very interesting topics we were all concerned about--meeting schedules, member- ship decline, awards programs, promoting events, and developing branches. I am proud to say that the Colorado Chapter is very active in the organi- tt zation and has been in the top three chapters competing for the President's Placque in the last ten years. This placque is a coveted award, recognizing a variety of activites put on and participated in by the chapter. One of the programs I att nd d was "Public Works Priorities and Decision- Making Process". The City Manager from Des Moines, Iowa presented a process to develop a Public Im rov ment Program. Although they used a 20-year plan- ning schedule, it wa s s1m1lar to our 6-quarter budg t process. I heard some real horror stories fro oth r cities of how th entire plan was chang d aft r th city council r acted to special inter st groups. Someti s, I forget just how fortunate Engl wood is to hav a Council that looks out for !!! th citizens and makes d cisions tha are bes for the ~ City and not JUS a f w vocal on s. r ce1ved heavy attendance addressed creat1ng a lity 1s vi w d as ny o her u ility tha ne ds Property axes are not providin suff1cien hicl s. Such • • • • • • • Andy McCown, City Manager -2-September 21, 1983 Ft. Collins is presently proposing a street utility to their city council. It should be interesting! As for Detroit --it is the pits . . Unemployment is 22\, with a very depressed economy; there is an abundance of crime. We were advised not to walk at night--anywhere. There was no new construction in the downtown area--quite a different feeling than downtown Denver. The streets and interstates were poorly maintained and didn't appear to be swept regularly. Auto metal parts were evident along the interstates, left to Mother Nature. I understand that it has been that way for years. Despite the atmosphere of the city of Detroit, I enjoyed the APWA conference and thank City Council for the opportunity to have attended. GRD/ldo I • • - • • • • 7 BY AUTHORITY ORDINANCE NO. ~ SERIES OF 1983 COUNCIL BILL NO. 51 INTRODUCED BY COUNCIL MEMBER HIGDAY/J.zt:; l.j"i c AN ORDINANCE AMENDING THE ENGLEWOOD MUNICIPAL CODE OF 1969, AS AMENDED, BY ADDING SUBSECTION (d) TO SECTION 3, CHAPTER 3, TITLE II, PROVIDING A DEFINITION OF "INSTITUTION" IN THE UNIFORM FIRE CODE. WHEREAS , the authority of the Englewood Fire Chief to designate NO SMOKING areas significantly and materially enhances the program for fire prevention; and WHEREAS, the designation of NO SMOKING areas in public buildings significantly affects the health and safety of Englewood citizens; and WHEREAS, it is necessary to clarify the meaning of the term "institution" as now used in the Uniform Fire Code; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. That the 1969 Englewood Municipal Code is hereby amended by adding a section to be numbered 2-3-3(d), which section reads as follows: 2-3-3(d): "INSTITUTION" SHALL MEAN THE OCCUPANCY OR USE OF A BUILDING OR STRUCTURE OR ANY PORTION THEREOF BY PERSONS HARBORED OR DETAINED TO RECEIVE MEDICAL, CHARITABLE OR OTHER CARE OR TREATMENT, OR BY PERSONS INVOLUNTARILY DE TAINED. Section 2. Emergency Clause. Due to the fires that have occurr d at institutions in the C1ty of Englewood, there is hereby declared an emergency and this ordinance shall become effective as an emerg ncy ordinance. In roduced, read 1n full , mended, and p ss d on firs re ding, not by unan1mous vo e, on the 19th day of Sept mber, 1983. Publ1 hed a a Blll for an Ord1nance on the 21st d y of Sept mb r, 1983. • I • • • • • Read in full and passed on final reading on the 3rd day of October, 1983. Published in full as Ordinance No. _______ , Series of 1983, on the 5th day of October, 1983. Attest: Eugene L. Otis, Mayor ex officio C1ty Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and complete copy of the Ordinance passed on final reading and published in full as Ordinance No. , Series of 1983. Gary R. H1gbee • ...... , .. ORDINANCE NO. SERIES OF 198~3------ • • .. BY AUTHORITY A BILL FOR COUNCIL BILL NO. 52 INTRODUCED~Y COUNCIL MEMBER ~ AN ORDINANCE DESIGNATING THE EMERGENCY RESPONSE AUTHORITY FOR HAZARDOUS SUBSTANCE INCIDENTS OCCURRING WITHIN THE CITY OF ENGLEWOOD BY ADDING SECTION 14, CHAPTER 1, TITLE II, TO THE ENGLEWOOD MUNICIPAL CODE OF 1969, AS AMENDED. WHEREAS, hazardous substances are used within the City of Englewood; and WHEREAS, hazardous substances are carried on major thorough- fares and rail lines within the City of Englewood; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. There is hereby added Section 14 to Chapter 1, T i tle II of the E.M.C. '69 as amended, as follows: 2-1-14: EMERGENCY RESPONSE AUTHORITY a. THE EMERGENCY RESPONSE AUTHORITY FOR THE CITY OF ENGLEWOOD SHALL BE THE FIRE CHIEF WHO SHALL EXERCISE CONTINUING SUPERVISORY AUTHORITY FOR THE CLEANUP AND REMOVAL OF THE HAZARDOUS SUBSTANCE INVOLVED IN A HAZARDOUS SUBSTANCE INCIDENT. b. THE CITY OF ENGLEWOOD IS HEREBY AUTHORIZED TO CLAIM REIMBURSEMENT FROM THE PARTIES OR PERSON RESPONSIBLE FOR A HAZARDOUS SUBSTANCE INCIDENT FOR THE REASONABLE AND DOCUMENTED COSTS RESULTING FROM ACTION TAKEN TO REMOVE, CONTAIN, OR OTHERWISE MITIGATE THE EFFECTS OF SUCH INCIDENT NOT INCLUDING COSTS NECESSARY TO EXTINGUISH A FIRE . Introduc d , re d in full , nd pass d o n fi r st r eading on the 3rd day of Oc ob r , 1983 . Publ1ahed as a Bill for an Ordinance on th 5th day of October, 1983. ATTEST: Eu g e n 1s , Mayor ex offic1o C1 a surer • I • - , • • • • I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and complete copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 3rJ day of October, 1983. Gary R. H1gbee • I • • - , , • • • ORDINANCE NO. BY AUTHORITY SERIES OF 198~3------ A BILL FOR 73 COUNCIL BILL NO. 52 INTRODUC~ BY COUNCIL MEMBER ·_fy AN ORDINANCE DESIGNATING THE EMERGENCY RESPONSE AUTHORITY FOR HAZARDOUS SUBSTANCE INCIDENTS OCCURRING WITHIN THE CITY OF ENGLEWOOD BY ADDING SECTION 14, CHAPTER l, TITLE II, TO THE ENGLEWOOD MUNICIPAL CODE OF 1969, AS AMENDED. WHEREAS, hazardous substances are used within the City of Englewood; and WHEREAS, hazardous substances are carried on major thorough- fares and rail lines within the City of Englewood; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. There is hereby added Section 14 to Chapter 1, Title II of the E.M.C. '69 as amended, as follows: 2-1-14: EMERGENCY RESPONSE AUTHORITY a. THE EMERGENCY RESPONSE AUTHORITY FOR THE CITY OF ENGLEWOOD SHALL BE THE FIRE CHIEF WHO SHALL EXERCISE CONTINUING SUPERVISORY AUTHORITY FOR THE CLEANUP AND REMOVAL OF THE HAZARDOUS SUBSTANCE INVOLVED IN A HAZARDOUS SUBSTANCE INCIDENT. b. THE CITY OF ENGLEWOOD IS HEREBY AUTHORIZED TO CLAIM REIMBURSEMENT FROM THE PARTIES OR PERSON RESPONSIBLE FOR A HAZARDOUS SUBSTANCE INCIDENT FOR THE REASONABLE AND DOCUMENTED COSTS RESULTING FROM ACTION TAKEN TO REMOVE, CONTAIN, OR OTHERWIS E MITIGATE THE EFFECTS OF SUCH INCIDENT NOT INCLUDING COSTS NECESSARY TO EXTINGUISH A FIRE. Introduced, read in full, and paas d on fira r ding on the 3rd day of October, 1983. Publ1 h d as a Bill for an Ordinance on the 5th day of Octob r, 1983. ATTEST: Eug ne L. Ot1a, Mayor ex officio ci y Clerk-Treaaur•r • I • • , • • • • I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and complete copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 3rd day of October, 1983. Gary R. H1gbee • I . , • • •' .. 1G BY AUTHORITY ORDINANCE NO.~---- SERIES OF 1983 COUNCIL BILL NO. 53 INTRODUCE~Y COUNCIL MEMBER ~ A BILL FOR AN ORDINANCE APPROVING AN AGREEMENT WITH THE ARAPAHOE COUNTY SHERIFF'S DEPARTMENT FOR MUTUAL AID IN HAZARDOUS SUBSTANCE INCIDENTS. BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. That an agreement entitled "Agreement for Mutual Aid Between the Englewood Fire Department and the Arapahoe County Sheriff's Department for Hazardous Substance Incidents" is hereby approved by the City Council, said agreement provides as follows: AGREEMENT FOR MUTUAL AID BETWEEN THE ENGLEWOOD FIRE DEPARTMENT AND THE ARAPAHOE COUNTY SHERIFF'S DEPARTMENT FOR HAZARDOUS SUBSTANCE INCIDENTS THIS AGREEMENT, entered into this day of , 1983, between the ENGLEWOOD FIRE DEPARTMENT and the ARAPAHOE COUNTY SHERIFF'S DEPARTMENT is for the purpose of securing the benefits of mutual aid for the protection of life and property from the sudden discharge of hazardous substances . WHEREAS, it is desirable that each of the parttes should voluntartly 1d and ssist e ch other in the event that an unusual a)or occurr nc or rg ncy situation involving h zardous sub a should occur, by the 1nt rchang of fire and ah rt!f's agre local and acill ies; and s c 1ons hrough 2 -5-110, C.R. prov1d • u ory u hor1 y or such 1n v 10us polt tc l aubdtvia one; nd that a •u ual a1d such mu ual a1d on a • ot • • , • • • WHEREAS, hazardous substance emergencies may arise in one or the other of the jurisdictions of the parties resulting in greater demands than the manpower, equipment, and expertise that party can handle, or emergencies of such intensity may occur that they cannot be handled solely by the equipment of the party in whose jurisdic-tion such emergency occurs; and WHEREAS, it is to the interest of each of the parties that they may have service of and from the other party to aid and assist them in responding to chemical emergencies. NOW, THEREFORE, IT IS AGREED THAT: 1. All requests for mutual aid are to be made by telephone by the Chief of the Englewood Fire Department or a person exercis- ing the functions thereof, or the Arapahoe County Sheriff, or a person exercising the functions thereof. The request is to be immediately confirmed in written form by the requesting party. 2. Upon proper request for mutual aid, the respondent party will dispatch any availa ble hazardous substance response equipment, firefighting and /or rescue equipment and personnel to any point within the requesting party's jurisdiction. 3 . Both parties to this agreement for mutual aid are under no obligation to respond to a call from the other party when conditions exist which would prevent response because of priority or responsibility in its own jurisdiction, and no party shall be required to deplete unreasonably its own resources, facilities, and services in furnishing such mutual aid. 4. Any dispatch of equipment and personnel pursuant to this agreement is subject to the following cond1tions: {a) (b) Any request for aid hereunder shall include a stat ment of the amount and type of equipment and p rsonnel request d and shall specify th locat1on to which the equipm nt and p rsonnel are to be dispatched, but the mount and typ of equipment and numb r of personnel to b furnished shall b determ1n d by a repres ntative of th respond1ng g ncy. The r apond1ng or 1on shall r port 0 h of icer 1n ch rg h requesting agency at the location to which the quipm nt is dupa ch d nd shall b under th dlr ct1on and control of th t offlcul. Th r or fac1l i 1 8 h t r sugn d shall be h immedu command of th sup r1or of!ic r d signa d by h assisting par y. Such sup r1or otfic r shall b und r h d1r c 2 • • - ' • • • supervision and command of the requesting fire chief, or person exercising the functions thereof, or sheriff. (c) A responding agency will be released by the requesting organization when the services of the responding organization are no longer required or when the responding organization is needed within the area for which it normally provides fire protection , emergency medical s ervices , or other emergency public safety services . 5 . Each party waives all claims against each other for compensation for any loss , damage, personal injury, or death occurring as a consequence of the performance of this agreement . 6. The requesting party shall indemnify , defend, and hold the assisting party harmless from any and all claims and/or lawsuits or damages except exemplary or punitive damages, or omissions of the assisting party or its employees, agents, or officers while engaged in services for the requesting party, provided, however, that nothing herein shall be construed to be a waiver of the immunity provided by Section 29-22-109, C.R.S. 1973, as amended, or any other governmental immunity. Any agency served with notice of suit shall immediately forward such notice to the requesting agency. 7. The Englewood Fire Department may seek reimbursemen t from the State of Colorado as provided for in Section 29-22-104, C.R.S. 1973, as amended. 8. This mutual aid agreement shall become effective upon approval and signature by authorized representatives of the C1ty of Englewood and Arapahoe County. 9. Th1s mutual aid agreement shall remain in ffect 1nd finitely but will be reviewed nnually by both parties. This agreement may be updat d, mod1fied, revised or ren gotiat d at any t1me by mutual consent and in wri 1ng by both parties to accommo- da e changing condit1ons. It may be terminated by eith r party upon sixty (60) days' writt n not1ce to the other party. 10. No dd1 ional quipmen or anpower ia requ1r d by e 1 t h r p rty to furnish the support d scribed in this agreement. No resources are to b r naferred und r the t rma of thla gre m n • 3 I • • • • .. • IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. CITY OF ENGLEWOOD, COLORADO By~~~~.-~~~~~~-----Eugene L. Otts, Mayor James Broman, Fire Chief Attest: Gary R. Higbee, ex offic1o City Clerk-Treasurer ARAPAHOE COUNTY, COLORADO By ~T~o~m~E~g~g~e~r~t-,-,C"h~a~t~rm~a~n~-------- Board of County Commissioners Patrick J. Sulltvan, Jr., Sheriff of Arapahoe County Attest: Marjor1e Page Clerk of the Board Section 2. The City Council of the City of Englewood hereby authorizes the Mayor and ex off i cio City Clerk-Treasurer to sign and attest the same for and i n behalf of the City of Englewood. Introduced, read i n full, and passed on first read i ng on the 3rd day of October, 198 3 . Publ i shed a s a Bil l for an Ord i nance on the 5th day of Oc t ober, 1 98 3 . At test : Eugene L. Ot1s, Mayor ex officio City Cl rk-T r easu r e r 1 , G ry R. Htgbee , ex off1cio City Cl rk-T r surer of the C1ty of Englewood , Colorado , hereby cert1fy that the bove nd for going 1s tru , accur te nd compl e copy of a B1ll for an Ord1nance , in roduc d , read 1n ull, and paaaed on firs r ading on the 3rd d y of Oc ob r , 1983 . Gary • • • • • - MEMORANDUM ---------- TO: FROM: DATE: SUBJECT: Andy McCown, City Ma~e James Broman, Fire Ctiief August 1, 1983 Mutual Aid Agreement with Arapahoe County Sheriff's Department When the city of Englewood responds to a hazardous substance incident, there are certain resources, maintained by the Arap- ahoe County Sheriff's Department, which we may well need in order to provide the best response. Examples of these are their mobile command center and the bomb disposal trailer. I have met with Sheriff Sullivan and we are agreed on the work- ing relationship. It is desirable, however, to formalize this in terms of a mutual aid agreement. I am attaching this agree- ment as drafted by the sheriff's office and reviewed by Rick DeWitt. Rick commented on page three that paragraphs five and six seemed contradictory. I passed his comments on to the sheriff's office and they indicated that they wanted the wording to remain. I would recommend that we proceed to execute this agre soon as possible. rna enc. • nt as • • , ORDINANCE NO.~---- SERIES OF 1983 • • • BY AUTHORITY A BILL FOR COUNCIL BILL NO. 53 INTRODU~ COUNCIL MEMBER~- AN ORDINANCE APPROVING AN AGREEMENT WITH THE ARAPAHOE COUNTY SHERIFF 'S DEPARTMENT FOR MUTUAL AID IN HAZARDOUS SUBSTANCE INCIDENTS. BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. That an agreement entitled "Agreement for Mutual Aid Between the Englewood Fire Department and the Arapahoe County Sheriff's Department for Hazardous Substance Incidents" is hereby approved by the City Council, said agreement provides as follows: AGREEMENT FOR MUTUAL AID BETWEEN THE ENGLEWOOD FIRE DEPARTMENT AND THE ARAPAHOE COUNTY SHERIFF'S DEPARTMENT FOR HAZARDOUS SUBSTANCE INCIDENTS THIS AGREEMENT, entered into this day of 1983, between the ENGLEWOOD FIRE DEPARTM~nd the A~R~A~P~A~H~O~E~C~O~U~N=TY SHERIFF'S DEPARTMENT is for the purpose of securing the benefits of mutual aid for the protection of life and property from the sudden discharge of hazardous substances. WHEREAS, it is desirable that each of the parties should voluntarily ai d and assist each other in the event that an unusual maJor occurrence or emergency situation involving hazardous substances should occur, by the interchang of fire and sheriff's s rvices a nd facili ies; a nd WHEREAS, it is n cessary nd desirable that a mutual aid agr ment be executed for h 1n erchange of such mutual aid on a local baa1 ; nd WHEREAS, S ct1on 29-22-102(3) (b), C.R.S . 1973, am nd d, signa a ha h Board o County Comm1ss1o n rs shall des1gn e n rg ncy r sponae au hori y for hazardous ubstance 1nc den s occurring in un1ncorporat d r as and th Ar apahoe County Bo rd of Co tsston rs has d a1gna d he Ar paho County Sheriff as th m rg ncy response au hority tn un1ncorpora ed At paho Coun y; and WH A, S c ton 2 -22-10 (3), C .R.S . 1973, as am nd d nd S c aons 2 -5-105 hrough -5-110 , C.R .S . 1973, as m nd d, prov1d a u ory au hori y !or such 1n rchang o mu ual a d by v ttoua poll ac l aubd1vta1ona; nd • • I • • • WHEREAS, hazardous substance emergencies may arise in one or the other of the jurisdictions of the parties resulting in greater demands than the manpower, equipment, and expertise that party can handle , or emergencies of such intensity may occur that they cannot be handled solely by the equipment of the party in whose jurisdic- tion such emergency occurs; and WHEREAS, it is to the interest of each of the parties that they may have service of and from the other party to aid and assist them in responding to chemical emergencies. NOW, THEREFORE, IT IS AGREED THAT: 1. All requests for mutual aid are to be made by telephone by the Chief of the Englewood Fire Department or a person exercis- ing the functions thereof, or the Arapahoe County Sheriff, or a person exercising the functions thereof. The request is to be immediately confirmed in written form by the requesting party. 2. Upon proper request for mutual aid, the respondent party will dispatch any available hazardous substance response equipment, firefighting and /or rescue equipment and personnel to any point within the requesting party's j urisdiction. 3. Both parties to th i s agreement for mutual aid are under no obligation to respond to a call from the other party when conditions exist which would prevent response because of priority or responsibility in its own jurisdiction , and no party shall be required to deplete unreasonably its own resources, facilities, and services in furnishing such mutual aid. 4. Any dispatch of equipment and personnel pursuant to th i s agreement is subject to the following conditions: (a) Any r equest for aid hereunder shall incl ude a statement of the amount and type of equipment and personnel requested and sha l l spec ify the locat1on to which the equipment and personne l are to be dispatch d , but the amount and type of equipment and number of personnel to b furnished shall b d termined by a representative of the responding gency. (b) The respondtng organization shall r port to the o fie r in ch rge of th requ sting gency t the locat1on to wh1ch th equipment is d sp tched and shall b under th d1rect1on and control of that o f1e1al . The resourc s or f cilities th t r ss1gned sh 11 be under th 1rnrnediate command of the sup r1or of 1c r design d by the assis ing p rty. Such sup r1or off1cer shall be under th dir ct 2 I • • ( • • .. super v is i on and command o f t he requesting fire chief, or person exercis i ng the functions thereof, or sheriff. (c) A responding agency will be released by the requesting organization when the services of the responding organization are no longer required or when the responding organization is needed wi th i n the area for which it normally provides fire protection, emergency medical services, or other emergency public safety services. 5. Each party waives all claims against each other for compensation for any loss, damage, personal injury , or death occurring as a consequence of the performance of this agreement. 6. The requesting party shall indemnify, defend, and ho l d the assisting party harmless from any and all claims and /or lawsuits or damages except exemplary or punitive damages, or omissions of the assisting party or its employees, agents, or officers while engaged in services for the requesting party, provided, however, that noth i ng herein shall be construed to be a waiver of the immun i ty provided by Sect i on 29-22-109, C.R.S. 197 3 , as amended, or any other governmental i mmun i ty. Any agency served wi th not i c e of su i t shall i mmediately forw a rd such notice to t he requesting agency. 7. The Englewood Fire Department may seek re i mbursement from th e S t at e of Colorado a s provided for i n Sec t i on 29-22-104, C.R.S. 1 9 73 , a s a mended. 8 . Thi s mu t ua l ai d agreemen t sh all b c ome ef f ect i v e up on a ppr o v al n d si gna t ur e b y authorized r e pr ese ntat i ves of th e City of En gle wood and Ar a p ahoe Co un ty . 9. Th1s mutual aid agreeme n t shall remai n i n effect 1ndef1ni ly but w1ll be r vie we d annually by both p a rt ies. This agr em nt may be updat d , mod1fi d , rev1a d or r e n e g otiated at any time by mutual cons n end in writing by both pa r ties to accommo- date ch ng1ng cond1 1on • It may be t rminat d by eith r party upon six y (60) days' wr1t en notice to the other party. 10. No dd1 1on 1 equipment or enpow r ia required by eith r p r y to furniah th aupport d acr b d n thia agreement. No reaources are to be trans! rred under th terms of this agreem nt. 3 • • • f • • IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. CITY OF ENGLEWOOD, COLORADO By~~----~~~--~~----------Eugene L. Ot1s, Mayor James Broman, Fire Chief Attest: Gary R. Higbee, ex officio City Clerk-Treasurer ARAPAHOE COUNTY, COLORADO By "T~o~m~E~g~g~e~r~t~,~c~h~a'l~r~m~a~n~--------- Board of County Commissioners Patrick J. Sullivan, Jr., Sheriff of Arapahoe County Attest: Marjorie Page Clerk of the Board Section 2. The City Council of the Ci ty of Englewood hereby authorizes the Mayor and ex off i cio City Clerk-Treasurer to s i gn and attest the same for and in behalf of the City of Englewood. Introduced, read in full, and passed on first reading on the 3rd day of October, 1983. Publish d as a B i l l for an Ordinance on the 5th day of October, 1983. Attest : Eugen L. Ot1s, Mayor e x officio ci I, Gary • Higb e , ex of!1cio City Clerk-Treasurer of the C1ty o ngl wood, Colorado , her by cer ify hat the above and !or go1ng 1s a tru , ccur t and co pl copy o a B1ll for an Ordinance , ln roduc d , read ln ull , and pass d on f1rst r ad1ng on th 3rd day of Octob r, 1983. Gary R . Higb • • • - , • • • • M E M 0 R A N D U M TO: FROM: DATE: SUBJECT: Andy McCown, City Ma~e James Broman, Fire Ch~f August 1, 1983 Mutual Aid Agreement with Arapahoe County Sheriff's Department When the city of Englewood responds to a hazardous substance incident, there are certain resources, maintained by the Arap- ahoe County Sheriff's Department, which we may well need in order to provide the best response. Examples of these are their mobile command center and the bomb disposal trailer. I have met with Sheriff Sullivan and we are agreed on the work- ing relationship. It is desirable, however, to formalize this in terms of a mutual aid agreement. I am attaching this agree- ment as drafted by the sheriff's office and reviewed by Rick DeWitt. Rick commented on page three that paragraphs five and six seemed contradictory. I passed his comments on to the sheriff's office and they indicated that they wanted the wording to remain. t would recommend that soon as possible. ms nc. proc d to execute this agre nt as • • • • • - ORDINANCE NO. BY AUTHORITY SERIES OF 198~3------ A BILL FOR '1D COUNCIL BILL NO. 54 INTRODUCE! I;lY COUNCIL MEMBER II{ AN ORDINANCE APPROVING AN AGREEMENT WITH THE ARAPAHOE REGIONAL LIBRARY DISTRICT TO BETTER LIBRARY SERVICES TO CITIZENS OF ENGLEWOOD AND THE COUNTY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. There is hereby approved a contract entitled "Agreement for Library Services" as follows: AGREEMENT FOR LIBRARY SERVICES THIS AGREEMENT, made and entered into this day of --~~--~------' 1983, between the CITY OF ENGLEWOOD, COLORADO, a mun 1 cipal corporation, hereinafter sometimes referred to as "C i ty," and the ARAPAHOE REGIONAL LIBRARY DISTRICT, hereinafter somet i mes referred to as "D i strict." WITNESSETH WHEREAS, the Arapahoe Reg i onal Li brary Di strict, being a statutory regional library distr i ct organized and exist i ng purs u an t to Title 24, Art i cle 90, Colorado Revised Statutes 1973, a s amended, for the purpose of prov i d i ng l i brary s erv ice to the res i dents of the unincorpo r ated ar eas of Arapahoe County a nd th o se mun i c i p ali t i es wi t hi n s ai d Co unt y no t oper a t i ng the i r own p u b lic li br a r ies ; and WHEREAS, th C1ty of En gl wood o p r t s a pub lic li br ary within 1ts co r po r ate boundari s and d si r s to c o o p rate w 1 h th Distr1ct in providlng l1brary s rv1c to Dist r ict r s1den a accord1ng to the t rms and cond1 1ons as hereinaft r a for h below nd 1n accordanc wi h appl1cabl statut a of the S a of Colorado; and WHER AS, h part1es h v contract d prev1ously for a coop ra ive pproach to provislon of sa1d library s rv1c a nd desire to cont1nu prov d1ng sa1d a rvic a tw en th C1 y and th Diatuct; NO promis s follows: 0 , for and 1n consid is agr d by and be w 0 as • • • • • • Arapahoe County residents who qualify for and possess a District library card any item available for circulation from the City's library facilities. Both District and City shall maintain circulation records for said transactions and shall submit the same to each other on a quarterly basis. Upon receipt of said reports, the City shall debit the District for each item circulated by the City to District cardholders, and the District shall debit the City for each item circulated by the District to the City cardholders at the rate of Fifty-five cents ($0.55) per transaction, and payment for the net difference between said transactions shall be made accordingly by the library with the lesser circulation figures to the library with the greater circulation figures at this rate. 2. The rate per transaction specified in this Agreement and upon its signature shall coincide with the rate then currently in use by the Central Colorado Library System in its reciprocal borrowing program. 3. The term of this Agreement shall be for the year commencing January 1, 1984 up to and including December 31, 1984. During said term, all qualified cardholders for both the District and the City libraries may enjoy reciprocal borrowing at both the City and the District facilities respectively, and said cardholders shall be subject to all applicable rules and regulat io ns associated therewith. 4. It is understood between the parties hereto that the District shall not receive any equity in book stock or in any of the City's library facilities by virtue of the terms of this Agreement; and the City shall not receive any equity in the book stock or in any of the District's library facilities by virtue of this Agreement. 5. The District shall have access to City library records during normal business hours for the purpose of verifying all figures supplied to the District by the City and the City shall hav ace ss to District library records for the same purpose. 6. During the term of this Agreement, City will establish and main ain a bookmobile stop on a one -a-week basis to the follow1ng area: Alice Terry School 2 • I • • • • • IN WITNESS WHEREOF, the parties have set their hands a nd seals the day and year first above written. CITY OF ENGLEWOOD, COLORADO By-n~~~~~~~~~~-----Eugene L. Ot1s, Mayor ATTEST: Gary R. Higbee , D1rector of Finance, ex officio C1ty Clerk- Treasurer ARAPAHOE REGIONAL LIBRARY DISTRICT By "P.-::r:-:e:-:s:-l:rd""e=n-.:t-,--.B"o:-a:-:r=-a~-::o-,f........,T"'""r:-u-:-s~t=-e=-e-=-s ATTEST: Secretary Section 2. That the Mayor of the City of Englewood and the City Clerk are hereby authorized to sign and attest said Agreement for and 1n behalf of the City of Englewood. Introduced, read in full, and passed on first reading on the 3rd day of October, 1983. Published as a Bill for an Ordinance on the 5th day of October, 1983. Attest: Eugene L. Ot1s, Mayor ex officio C1ty Clerk-Treasurer 1, Gary R. Higbe , ex officio City Cl rk-Treaaurer of th C1ty o Englewood, Color do, hereby c rt1fy that the abov and foregoing 1s tru , accurat and complete copy of a Bill for an Ordin nc , introduced , read in full, nd passed on f1r t r ading on the 3rd d y of October, 1983. G ry R. Higbee 3 • I • • • • • ORDINANCE NO. BY AUTHORITY SERIES OF 198=3------ A BILL FOR '1D COUNCIL BILL NO. 54 INTRODUC~~UNC~L MEMBE~ fft21:i~ AN ORDINANCE APPROVING AN AGREEMENT WITH THE ARAPAHOE REGIONAL LIBRARY DISTRICT TO BETTER LIBRARY SERVICES TO CITIZENS OF ENGLEWOOD AND THE COUNTY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. There is hereby approved a contract entitled "Agreement for Library Services" as follows: AGREEMENT FOR LIBRARY SERVICES THIS AGREEMENT, made and entered into this day of , 1983, between the CITY OF ENGLEWOOD, COLORADO, a _m_u_n...,t_c.._,i_p-a'""'lo--c-o-rp-orat i on, hereinafter sometimes referred to as "City," and the ARAPAHOE REGIONAL LIBRARY DISTRICT, hereinafter sometimes referred to as "D i str ic t." WITNESSETH WHEREAS, the Arapahoe Reg i onal Library Distr i ct, being a statutory regional l i brary district organized and ex i sting pursuant t o Ti tle 24, Article 90, Colorado Revised Statutes 197 3 , as amended, for the purpose of pro v iding library serv i ce to the re si dents of the un i n c orporated areas of Arapahoe County and those mun i c i pal i ties with i n sai d County not operating the i r o wn publ ic li br a r i es; a nd WHEREAS, the Ctty o f Eng lewood oper a te s a p u b lic li br a r y with1n its co r por b oundartes a n d d es i res to coop rate with the Dtstrict in prov1d1ng library se r vice t o Di s t r ict r siden ts accordtng to the terms and conditions as he r in fter s t forth b low nd in accordanc with 4ppltc ble statutes of the State of Colorado; and WH REAS, th p rt1es have contr cted prevtously or a cooperattve approach to provision of said library servtces and destr to con 1nu providing said servic s betw en th Ctty and the Dtstrtc ; NOW , TH REPORE , for and 1n consider tion of th mutu 1 promises her in , 1 1s greed by and b we n th par ies h reto aa ollowa: 1 . The D1str1c shall C1rculate o library c rdhold rs o th Ct y of Engle wood ny it m ava labl for ci cula ion from h Dia rtct'a libra y cili i a, and Ci y shall c1rcula o I • - • • • • Arapahoe County residents who qualify for and possess a District library card any item available for circulation from the City's library facilities. Both District and City shall maintain circulation records for said transactions and shall submit the same to each other on a quarterly basis. Upon receipt of said reports, the City shall debit the District for each item circulated by the City to District cardholders, and the District shall debit the City for each item circulated by the District to the City cardholders at the rate of Fifty-five cents ($0.55) per transaction, and payment for the net difference between said transactions shall be made accordingly by the library with the lesser circulation figures to the library with the greater circulation figures at this rate. 2. The rate per transaction specified in this Agreement and upon its signature shall coincide with the rate then currently in use by the Central Colorado Library System in its reciprocal borrowing program. 3. The term of this Agreement shall be for the year commencing January 1, 1984 up to and including December 31, 1984. During said term, all qualified cardholders for both the District and the City libraries may enjoy reciprocal borrowing at both the City and the District facilities respectively, and said cardholders shall be subject to all applicable rules and regulations associated therewith. 4. It is understood between the part ies hereto that the District shall not receive any equity in book stock or in any of the City's library facilities by virtue of the terms of this Agreement; and the City shall not receive any equity in the book stock or in any of the District's library facilities by virtue of this Agreement. 5. The District shall have access to City library records during normal business hours for the purpose of verifying all figures supplied to th D1str1ct by th City and the City shall have access to District library records for the same purpose. 6. During the term of this Agre m nt, City will establish and maintain a bookmob1le stop on a once-a-week basis to the follow1ng area: Al i c Terry School 2 • I • -• • • IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first above written. CITY OF ENGLEWOOD, COLORADO By~~~--~~~~~~~------Eugene L. Ot1s, Mayor ATTEST: Gary R. H1gbee, Director of Finance, ex officio City Clerk- Treasurer ARAPAHOE REGIONAL LIBRARY DISTRICT By ~P~r~e~s~1~d~e~n~t-,~B~o~a-r~ay--o~f~T~r-u-s-t~e~e~s ATTEST: Secretary Section 2. That the Mayor of the City of Englewood and the City Clerk are hereby authorized to sign and attest said Agreemen t for and in behalf of the City of Englewood. Introduced, read in full, and passed on first reading on the 3rd day of October, 1983. Published as a Bill for an Ordinance on the 5th day of October, 1983. Attest: Eugene L. Ot1s, Mayor ex off1c1o City Clerk-Treasurer I, Gary R. Higbee , ex off1cio City Cl rk-Tr aur r of th C ty of Englewood, Colorado, hereby certify tha the above nd for going is a tru , ccurate and compl te copy of a 81ll for n Ordinance, i ntroduced, read 1n full, nd passed on firat reading on the 3rd day of October, 1983. Cuy R. Higb e 3 • I • • • • C 0 U N C I L C 0 M M U N I C A T I 0 N AGENDA ITEM ~A DATE september 28, 1983 SUBJECT CONCRETE REPLACEMENT PROGRAM 1983 INITIATED BY Gary R. Diede , Director of Engineering Seryices 1')/{ .0 ACT I ON PROPOSED Award of construction contract for Concrete Replacement Program BACKGROUND: Concrete Replacement P~q~~tilt~P9~~sts of three project areas incorporated into one program: 1) RTD ~ansic stree~ovements . 2) South Broadway Concrete ~epairs (which are required prior to the overlaying of Soutb Broadway) 3) miscel- laneous concrete repairs at various locations throughout the Ci~, which are the responsib1lity of the city and are funded through budgeted monies in the PIF. FINANCIAL: The RTD work is funded by a grant from the RTD. The agreement recently executed by City Council is in the amount of $28,399. Th City will be reimbursed for this work as paym nts are received either this fall or with tax payments call cted in 1984. Funding for this work from monies budgeted in the PIF for concrete repairs. be mad avai f d Concrete Replace nt Progra. 1983 was orig1n lly b1d on September 14, 1983. City Council, b s d on staff reco ndation, rejec d all bids. The Proqraa wa s re- dvertis d nd bids gino ned a 10:00 a.a. on Sept r 27, 1 3. Four bids w re submi ted his s !ollowsr Tho sson Concre e Co. Hi-W s Cons ruction P tern d Cone. of Color do J ' N COncr t Th revis d ng n r'a eat aat w a $5 , 57.00. $ 8,583.10 79,076.00 69,504.00 60,8 0.13 I • ·. • • • • -2-September 28, 1983 ESTIMATED EXPENDITURES RTD Section Broadway Section City Section Total RECOMMENDATION: $25,557.60 16,425.45 18,847.80 $60,830.13 FUNDING RTD (grant) Broadway Section (PIF) City Section (PIF) City Section (transfer from Road & Bridge) $28,399.00 16,425.45 13,574.55 5,273.25 $60,830.13 We recommend that the construction of Concrete Replacement Program 1983 be awarded to the low bidder, J & N Concrete in the amount of $60,830.13. J & N Concrete is a small, but well-established concrete company in the Englewood area. We have had previous experience with them and have always been satisfied with their performance. RAJVldo SUGGESTED ACTION: MOVED BY ______________ _ SECOND ____________________________ __ YES __________ ~o _______ ~BSENT __________________________ _ • I • • • • • ... r-------------------------, I C 0 U N C I L C 0 M M U N I C A T I 0 N DATE September 28, '8 3 AGENDA ITEM SUBJECT OVERLAY PROGRAM 1983 9B INITIATED BY Gar¥ B Diede pi re c tor of Engjneerjng Seryi c ps ~.~ ACT I ON PROPOSED Award of c onstruction c ontrac t for Overlay Program 198 3 BACKGROUND : FINANCIAL: The costs for resurf cing under Overlay Program 1 83 are borne by the City through monies budg ted in the PIF (inc1ud s Arapahoe Coun y Road ' Bridg Fund mo n i s) . ESTIMATED EXPENDITURE Construction per bid $133,466 Eight bida re rece~v d tor he con• rue 1on ot Aaph 1 Pav~ng Co. Flatiron Pav~ng Ev na Paving Co. ( Sieqria Con• • Co. T nd 1 .• e• Ind.) Colo AVAILABLE F DING PIF $1 8,000 rlay Progr 1 3, • foll aa • I • -• • • -2 -September 28, 1983 We recommend that nstruction o f Overla Pro ram 1983 be awarded to t he low bidder, Peter Kiewit Sons' Company, in the amount of $133,466. Company ~s a large, well-established firm with which ence on numerous occasions over the past many years. The slow-down in private development work this time of year has created increased interest in our project, and resulted in a very low and competitive bid price:~ would, therefore, recommend that Council allow us to add additional streets which -ate ~n need of overlay to the Program. By fully utilizing the monies budgeted in the PIF, we could take maximum advantage of these excellent prices. The streets, and costs therefor,that we would add are as follows: 3500 block South Downing 3500 block South Fox 3900 block South Kalamath $6,400 5,800 7,600 $1 9 ,800 Staff has contac ted the contractor and he has indicated that he would be wi lli ng to do the extra work at the same rate of the b i d. RAX/ldo SUGGESTED ACT I ON: MOVED BY _____________ _ SECO ND _____________________ ___ Y s, _________ _..o _________ .,..BSE NT ____________ _ • I • ( • • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE AGENDA ITEM SUBJECT September 27, 1983 <d (, RESOLUTION AMENDING PIF INITIATED BY Urban Ren ewal Authority ACTION PROPOSED __ T_r_a_n_s_f_e_r __ o_f __ S2_o_o_,_o_o_o __ f_r_om __ t_h_e __ C_i_t~y __ P_I _F_t_o __ t_h_e __ u_r_b_a _n_R_e_n_e_w_a_l __ Authority to purchase property and easements east of Broadway that are are required for the Little Dry Creek project. INTRODUCTION AND BACKGROUND. City Council adopted the Englewood Downtown Redevelopment Plan (Urban Renewal Plan) on August 23, 1982, and amended that Plan on December 21, 1982. It has been the expressed desire of City Council for the Urban Renewal Authority to be the lead agency in the implementation of that Plan and for th Urban Renewal Authority to und rtake land acquisition activities that further the goals of the Plan. The Urban Renewal Authority has contracted with an appraisal firm to appraise the prop- erties east of Broadway which are requir d for the next pha e of th Little Dry Creek flood control project. Th City Council had previously transferr d $300,000 to the Urban R n wal Authority to b gin thes acquisition efforts. An additional $200 ,000 i requir d to complet the acquisition and the purchase of eaaem nts from Broadway to Cla rkson alon Littl Dry Creek. RECOMMENDATION. It i recomm nd d tha the City Council approve the Re olution ndin th Public lmprov m nt FUnd which tr nsf ra $200,000 to the Urban R newal Authority for acquisi- tion of prop rty It of Bro dway. Tne Urban olu .1on 1 Authority w 1 contae ed n a elephone survey and a rov d h ating th fund rans!er. • I . - ( • • • RESOLUTION NO. 41 SERIES OF 1983 A RESOLUTION AMENDING THE PUBLIC IMPROVEMENT FUND. WHEREAS, the City Council of the City of Englewood, Colorado adopted the Englewood Downtown Redevelopment Plan on August 23, 1982, and WHEREAS, the City Council of the City of Englewood determined that any property acquisition and related activities necessary for the implementation of said Plan should be accomplished by the Englewood Urban Renewal Authority, and WHEREAS, the Englewood Urban Renewal Authority has initiated appraisals of properties east of Broadway that are required for the n xt phase of Little Dry Creek, and WHEREAS, an additional $200,000 is requested for acquisition of properties and easements along Lit tl e Dry Creek between South Broadway and South Clarkson Street. NOW, THEREFORE, BE IT RESOLVED by the City Cou ncil of th City of Englewood, Colorado, that: ATT.ST: Section 1. The following appropriation of fund is hereby made in the Public Improvement Fund. Application of Funds. Littl Dry Cr ek (PIF) Englewood Urban Renewal Authority S ction 2. $(200 ,000 .) s 200,000. The City Man a r and Dir tor of Finance ar her by authorized to m k th bov chang a to th 19 3 bud et of th City of Engl wood. ADOPTED AND APPROVED TillS -----day of ------• 19 3. yor • I • • - ( • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE AGENDA ITEM SUBJECT Seotember 2 1 198 3 ~D Resolu t ion amen d i ng Ge neral Fund Budget INITIATED BY Li brar y De pa rtmen t ACT I ON PROPOSED __ R_e_s_o_l_u_t_i_o_n_b_e_a _p_p_ro_v_e_d_a_p_p_r_o_p_r_i_a_t_i_n_g_n_e_c_e_s_s_a_r_y_mo_n_i_e_s_to __ fund approved agreement b etween the cities of Aurora and Englewood for retrospective conversion of collection using Au r ora Public Library's CLSI computer system. BACKGROUND City Council, at their regularly scheduled meeting of September 19, 1983, formally approved an agreement between the City of Englewood (Library) and the City of Aurora (Library) for bibliographic access by EPL to the CL System, Inc. (CLSI) circulation control system installed in Aurora's Municipal Justice Center. How ver, at that time the necessary funds, although approved, were not appropriated by resolution. A copy of Ordinance No. 48 approved by Council at the September 19, 1983, meeting and the Council Communication submitted to City Council at the September 6, 1983, meeting are attached for further clarification. CONCLUSION AND RECOMMENDATION A r solution amending th G neral Fund Bud& t by appropriating $9,695 to the Library Depart.ent from City Council's unappropriated reserve b approv d to provide th funds r quired for purcha of quipaent and cost of co ntract. Th r solution is attach d. • . • - ( RESOLUTION NO. 4g SERIES OF 1983 • • • A RESOLUTION AMENDING THE GENERAL FUND. WHEREAS, the City Council of the City of Englewood, Colorado, has authorized an agreement with the City of Aurora for the Englewood Public Library to have bibliographical access to the Aurora Public Library Circulation Control System; and WHEREAS, the Library Department will need an additional $9,695.00 for the use of the database and related costs; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OP TH~ CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. Fund: The following appropriation is hereby made in the General Source of Funds General Fund Balance $9,695.00 Approriation L brary Cataloging and Processing Services $9,695.00 Section 2. The City Manager and Director of Finance are hereby au- thorized to ~ake the above changes to the 1983 budget of the City of Englewood. ADOPTED AND APPROVED THIS day of -------------------' 1983. Mayor ATT ES T : ex officio Ci ty Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treesure r of t he City of Engle wood , Colo r ado , do h reby c r iC y tha he abo v e and foregoing ia • tru , eccurete end compl e co p y of R aolu io n No . ______ , S rlea of 198 3 . • ) I • • • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE AGENDA ITEM 8-25-83 1 INITIATED BY Li brary Department SUBJE'CT Libr a r y Dep t . con t ract for r etrospective conv ersion of collection using Aurora Public Library' LSI com pu ter system. ACT! ON PROPOSED Approv e agreeme n t a nd a pprapr i at e nece ssa ry f unds. INTRODUCTION Attached is an agreement between the City of Englewood (Library) and the City of Aurora (Library) for bibliographic access by EPL to the CL System, Inc. (CLSI) circulation control system installed in Aurora's Municipal Justice Center. EPL intends to use the CLSI database to retrospectively convert the Library's collec t ion to machine readable form t by matching EPL items to APL items in the datab e nd adding Englewood's designa- tion to the "Boldings" field. ew records wi 11 be created for non-matched items and keyed into the database by our data entry personnel . The on oing bibliographic conversion of new acquisitions will be entered into Aurora's database by S~IBCS through the CLSI/OCLC Innovative Interface. Both ne nd retrospectively converted items will be barcode la- belled at the time of conversion to prepar th mat rials for ci rcul tion on a future utom ted library syst~. th period Augus 1, 1983 to D ber 31, 19 3 and is th r a1 cell n u $ • r I • • ( ( 2 modem pairs 2 direct telephone lines, EPL and Aurora) Monthly telephone charges $268.80 X 3 Barcode labels 2 ports at CPU installed (between for 2 lines is TOTAL • • • 2,400 800 810 3,500 1,000 $19,310 9,615* $ 9,695 *Unused funds in the amount of $9,615 have been carried over from the Library's 1982 Budget to the 1983 Budget. These funds were originally appropriated for the services of a library automation consultant whose contract with the City was terminated in Fall 1982 when Council decided not to fund an automated library system. If these funds are applied toward the $19,310 total, the appropriation for this contract could be reduced to $9,695. CONCLUSICNS AND RECOMMENDATIONS Through this agreement with Aurora, EPL will acquire machine readable records for the materials already owned by the Library. These records would then be available for use in a possible future automated system at EPL. Furthermore, the award of LSCA grant funds was predicated on the City's appropriation of funds for the Aurora contract. Therefore, I recommend funding in the amount of $9,695 to be appropriated to the Library Department for the contract with Aurora Public Library, the CLSI equipment and the telephone installation, with the understanding that the remaining $9,615 from the con- sultant contract will be applied toward the agreement, as well. • , I • • ORDINANCE NO. 48 SERIES OF 1983 • • .. BY AUTHORITY COUNCIL BILL NO. 48 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE APPROVING A CONTRACT BETWEEN THE CITY OF AURORA AND THE CITY OF ENGLEWOOD PROVIDING FOR THE ENGLEWOOD PUBLIC LIBRARY TO HAVE BIBLIOGRAPHICAL ACCESS TO THE AURORA PUBLIC LIBRARY CIRCULATION CONTROL SYSTEM. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGL~WOOU, COLORADO, AS FOLLOWS: Section 1. There is hereby approved the following contract between the City of Aurora and the City of Englewood: CONTRACT FOR LIBRARY SERVICES THIS CONTRACT, made and entered into on this 19th day of September , 1983, by and between the CITY OF~EWOOD, ENGLEWOOD PUBLIC LIBRARY, a Colorado Municipal Corporation, sometimes referred to as "EPL," and the CITY OF AURORA, AURORA PUBLIC LIBRARY, a Colorado Municipal Corporation, hereinafter sometimes referred to as "APL." WHEREAS, the City of Englewood, Englewood Publi c Library, desires that the City of Aurora provide l1brary serv1ces as hereinafter described, and the contrac or is will1ng o prov1de such services upon the terms hereinafter provided; and WHEREAS, authority exists in law and funds have been budgeted, appropriated, and oth rwise made available; and WHEREAS, the City of Aurora operates a public l1brary w1thin its corporate boundaries and desires to cooperate Wlth the EPL 1n providing access to Aurora's on-l1ne b1bl1ographic data base according to the t rms and conditions as h reinafter set forth b low and In accordanc Wlth applicable statut s of th State of Colorado. NOW, THEREFORE, t ia h r by agr d that: 1. The EPL shall have bibltographtcal ace as to th CL Systems, Inc. (CLSI) circulation control sy t m now Installed 1n the C1 y of Aurora' l1br ry facilit1 s. 2. Th PL shall b reaponatble for h purchase o n c aaary hardw re for th op ra ion of he aya em 1n EPL ltbrary fac1l1t1ea and h r lated coa a oC communicattona, por a, nd mod ms, ma1nt nance, 1 b la, lnatalla 1on o equ1pm n , nd train1ng. • • • • • • 3. The City of Aurora shall bill the EPL for use of the database at a base rate of Five Thousand Dollars ($5,000) annually payable on a quarterly basis. The annual rate will continue to such a time as EPL has added 104,000 items to the database. At this point the annual rate may be reviewed and amended by the mutually written agreement of the Directors of APL and EPL. 4. The term of this contract shall be for five months commencing August l, 1983 up to and including December 31, 1983. However, the contract may be automatically extended on a yearly basis except upon the written termination of one of the parties. If either party desires to cancel the contract before the stated time period, the Directors of EPL or APL will be required to state this desire in writing with the understanding that each party will be given a period of ninety (90) days before cessation of the contract. 5. It is understood between the parties hereto that EPL shall not receive any equity in book stock, equipment, or in any of the APL's facilities by virtue of the terms of this contract; and the APL shall not receive any equity in the book stock, equipment, or in any of the EPL facilities by virtue of th1 s c o n t ra ct . 6. Costs involved in the upgrade of the computer system Wll l be reviewed annually by the Di rector of APL to ascert ai n th e nece ss 1ty for any adjustment to the rate c harged t o EPL. S houl d any change of rate be requ i red, the Director of APL s h a l l not1fy the D1r ector of EPL in wr i t1ng wi th the co st s and r e a so ns stated. 7 . EPL reserves the r 1 ght to Wlt h draw EPL rec ords from the APL database at any t1me. F u r hermore, EPL wil l as sum e all costs related to th wi thdrawa l o f EPL records. 8. EPL further a g ree s t o bide by t h catalogi ng requ i rements as descr i bed he re1naft r: A. Wh e n a un 1qu 1 t m rec ord is ntered 1n C LSI , the gu i d l1 n es for en t ry Wl ll b tho se 1ss u d by th T chn1cal S e rvi c e s Depa r m n of th Au r o ra P ubl1c Li brary to 1nclud bu not be l1m1t d to "Original entr1es for boo k s and er1al ," "CC TITLE general 1nforma ion," ~cc TITLE -cons ruct1on or K y," "l111pr1nt fleld Cor CLSl," "CC TITLE -how o mul ivolu e recorda ,• "ortgtnal en r1 a Cor r cords TITLE au at d d1 1on codes," "CC TlTL -ace pt d "Sta lst1c 1 ca gor1ea.• a ," "CC codes ," All dlfter nc s In call numbers 1nclud1ng )uventle clal coll e i on d signa 1ona w 11 b indaca d h I 2 • • ( • • • C. Existing records in CLSI will be retained in their entirety. Additions to the bibliographic information can be made but only editing/deletion of spelling errors are allowed. See memo "Editing of records on CLSI." 8/82 D. Input of current as opposed to retrospective record will be done through the OCLC-COA Southeast Metropolitan Board of Cooperative Services (SEMBCS) profile and innovative interface, with use of this method to be reviewed by both parties with input from SEMBCS staff on a periodic basis. E. Items should always be attached to existing records when possible, see memo "combining records in CLSI, 12/22/82" However, unless it is the only matching record, do not attach items to records that state "no items." These are often duplicate records which will be deleted from the database. Attest: Ga1l c. Johnston Deputy City Clerk Attest : b.~~ APPROVED AS TO FO RM : Xss1stant C1ty A torney , Aurora city wood CITY OF AURORA, Contractor By-=~~--~--~~--~----------Dennis Champ1ne, Mayor By~~~~T7--~~~~--------Me l Carle, Manager By ~D~a-v~idT-~P~r-1_c_e--,~L~i~b-r_a_r_y~D=-1-r_e_c~t-o--r CITY OF ENGLEWOOD By __ ~----~~~~----------------Sha r o n Wi nk le Di r ecto r of L i br a r i s 3 • • • • • • Section 2. The Mayor and ex officio City Clerk-Treasurer are hereby authorized to sign the above described contract for and in behalf of the City of Englewood and the City Council. Introduced, read in full, and passed on first reading on the 6th day of September, 1983. Published as a Bill for an Ordinance on the 7th day of September, 1983. Read by title and passed on final reading on the 19th day of September, 1983. Published by title as Ordinance No. 48 , Series of 1983, on the 21st day of September, 1983. ------- Attest: I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, aceurate and complete copy of the Ordinance passed on final reading and published by title as Ordinance No. 48 , Series of 1983. • I • •