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Home My WebLink About1982-12-06 (Regular) Meeting AgendaCity Council Meeting -Regular December 6, 1982 • • - City council Meeting December 6 , 1982 • • • RESOL\!l'ION # ~ yf';/°'/.~ ORDINANCE # ~.1 ~ ~ ,212 0 /1,0 • 0 0 • I • • • - • - ~ (vu ~~ ROLL CALL 11,r /;:)-{p-fJ.. 1 Jt;~ , Absent Abstain Ayes ay Moved Seconded I H1oaay r-Neal Fl tzoatrick Weist Bi lo Bradshaw Otis I . • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain H1qday 1,./ Neal V' Fi tzoatrick v-- Wei st v- Bi lo v- Bradshaw y--- Otis ,,,,- I fc I • • • • • - • • ROLL CAL L Moved Seconded Ayes Na y Ab sent Abstain HI QOa v -v-Nea l I Fi tzoat rick I We i s t T Bi lo I ~ Bradshaw I Oti s I /tL-. • I • • • - • • ROLL CALL Moved Seconded Aye s Na y Absent Abstain Hiciaav Neal Fl tzoatrick Weist Ri lo Bradshaw Otis <. ) l • I . • • • • • • ROLL CALL Moved Seconded Ayes Nay Absent H1gdav Neal Fl tzoatrick Weist Bi lo Bradshaw Otis 01v l )110 n y£h jll V 47 d d C ~ { )'\~~ (/1 u~ ,,1,,,, 6.J "j \ ..A-~ )l It, ft' C /2 -< ,,u.-<' c(L 7 1/, /(•(flL ' } [, u . • V' ·" I- U-Jl,l. l \.t'--' <j Abstain !4..1 t:,; C ,(. ,'1,..1 .( < (< ( C ( (L ('rt<t ) I . • ) • • • ROLL CALL Moved Seconded Ayes N ay Ab sent Abstain Hi odav Neal Fl tznatrick Weist Bi lo Bradshaw Otis -tJ. -1--c,.....1 CJ... f " -d-~ o-r!-L u~ "1-J t v._j_ 1 ~ ( q ~-.q.~ cf-,t ') ~ ., L...9 1 )_ < -'--'I w ~ jJ~J ' ~ " '}/)LQ I • • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain H1g<1ay Neal Fl tzoatrick Weist Bi lo Bradshaw Otis • I • • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain H10<1av ;..-- .,/' Neal I Fi tzoatrick Weist Bi lo v' Bradshaw l Otis I • I • • • • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain H1odav Neal Fitzoatrick Wei st Bi lo Bradshaw Otis . _£ntM.l'X...--~ / l ,' ,.~. 3 1, /1[1 2-2-c~ Xt' L /, ,f 71 u_ a_! {l,JQJ\J 'd al-~ ~ ti , ) t,ll h t ' c J o a 1, 1 b-J () -'l.1 Jlb. tu_--(:£ I • • • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hiodav Neal Fitznatrick Wei st Bi lo Bradshaw Otis I . • • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Htqday v- Neal .__... Fi t z oat r i ck Weist ----Bi l o Brad shaw Otis I • • • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hiaday --Neal \ ....--Fitzoatrick I Weist 1 ......-Bl lo I Bradshaw I Otis \ - • I • • • • • - • • ROLL CAL L Moved Seconded Ayes Na y Abs e nt Abs tai n H1gday ----Neal Fl tzoatrick Weist V Bi lo J V Bradshaw I Otis \ I • • • -• • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain r • I . • • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Ab s tain Hiadav i-- Neal I Fitzoatrick I Weist J V Bi lo J V Bradshaw Otis • I • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hiodav I.,-- Neal v--Fitznatrick Weist Bi lo v-Bradshaw Otis -ff I cl ~ ,{,,. ,.) J \...-CJ l•<--(_ t ,,d ' I t{ :; ] e- ~{ ~ ..__ /, <. L ,,,J (/ C ,> ~ 1"""' ".) • I • • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Ab s tain H1qda11 V Neal I V Fitzoatrick Weist · ---Ri lo Bradshaw Otis 1b Gfcr 41 • • I • • • • - • • ROLL CALL Moved Seconded Ayes Na y Absent Abstain HIO<lav -Neal Fi tzoatrick Wei st V !Ii lo V Bradshaw Otis 7 J) c·~u -- {fi ~ ~.·ly--'2--/ {C (/J,0 .) v_l}_, (A /)~ (lY ~ 0 y 1 I r ( /-• • '-..J l ) {. r-t'1 (J,( 6 C J-"2 • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Higday ----,;:;;;. Neal Fi tzcatrick Weist V Bi lo Bradshaw Otis • I • • • - • • ROLL CALL Moved Seconded Ayes Na y Absent Abstain H1qday Neal I ~ Fltzoatrick Weist I v--Bi lo T Bradshaw I Otis I I • • • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain H1qday -Neal I Fltzoatrick Weist J..r Bi lo I ,---Bradshaw 1 Otis I • I • • • • • - • • ROLL CALL Move d Secon ded Aye s Na y Absent Ab s tai n Hiodav ..-- Neal 1 L--Fi tzoatrick I We i st , __ Bi lo I Bradshaw I Otis I ---- I • • • • • ., - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hiodav J / V Neal 1 . .-Fitzoatrick I Wei st 1 Bi lo I Bradshaw I Otis I 7~ c_f3ft Cc c..-- ~ ~ /;J-;2-/ ) Cc M ~I \._( k. 1 (. l.-'(__ ~ I_ t-<J f.1--' ' (!_ t J' • I . • • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain 1'11qday I./ L,./ Neal I v Fltzoatrick Wei st Rj lo Bradshaw Otis ' • I • • • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Ab s tain H1qdav Neal -Fitzoatrick Weist Bi lo J -Bradshaw 1 Otis 1 ' ~ • I • • • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Ab stain lhoifav -Neal I ......---Fitznatrick I Wei s t I -Bi lo I Bradshaw I Otis I 7 , • I • • • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Ab s tain _!!l_!l_<la_r -Neal t-Fl tz_E!at rick Wei s t ~ilo ~ Bradshaw Otis • I • • , • • - • • ROLL CALL Hoved Seconded Ayes Nay Absent Abstain Hiqdav '-- I/ Neal T Fltzoatrick Weist &.,.,,-"" Bi lo Bradshaw Otis 7 /h J,,M.{.p.:~ Ur~ u ~c9 ~/ • • I • • • • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain H1qday I-' Neal I ..........--Fitzoatrick I Weist I Bi lo I t.--Bradshaw l Otis I CD I • • • • • -• • ) ROLL CALL Moved Seconded Ayes Nay Absent Abstain H1g<1ay ...._. I/ Neal Fl tzoatrick Weist I.,' Bi lo Bradshaw Otis c__ , • I • • • • • I a- l • • ) ROLL CALL Moved Seconded Ayes Nay Absent Abstain H1qday Neal Fl tzoatrick Weist Ri lo Bradshaw Otis • I . • , • • n • - • • I ROLL CALL Seconded Ayes Nay Absent Abstain , IL' I . • • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain H1qdav -Neal v- Fi tznatrick Wei st ---z;, Bi lo ,. __ Bradshaw Otis C ,All-~ I v--- ~0~ ;d~ r-°J ~ru V I . . • • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hiqdav Neal ,,,,.... Fl tzoatri ck y--Weist Bi lo Bradshaw Otis I • • • • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain H1qdav Neal Fl tzoatrick Weist 'l...---Bi lo Bradshaw Otis ------------~~~~ ~ ~&J • /JV~ t / ~ ---. ~ ( • --- I . • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain H1qday Neal I Fltzoatrick I Weist ' Bi lo 1-- Bradshaw J Otis I • I • • • • • - • • I ROLL CALL Moved Seconded Ayes Nay Absent Abstain H1ndav -Neal Fltzoatrick Weist Bi lo Bradshaw ·-Otis I • I • • • • - • • Moved • • • ROLL CALL Seconded Ayes Nay Absent Abstain .-rJw {![ Uwt ~ er Co / /Jn ~/LJ'-jv ' -----/L a (lc/)11 Jvv( 3 ~~rU_/~ .J-r aw1 ~ftd) " <:(~_..'J ' • I . • • - • • ROLL CALL Moved Seconded Ayes Nay Ab sent Abstain H1odav ..--- Neal I Fitzoatrick I Wei s t I ---Ri lo v Bradshaw Otis I ;: C/YUfl) 'L O ~ ~ ·? ~!'5 ------ /1'1..-t t,-t r-1-~ ~ ~ C--c · Y/7' ~ ~}~ ll. t/]-J t~ a~);i.19 CJ_, S O, 1.s-(/. ~ . ~ I . • • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain H1 odav (.,,' Neal I v-Fltzoatrick Weist Bi lo J.....-' Bradshaw Otis • I • • • • • - • • ROLL CALL Mo ved Seconded Ayes Na y Ab s ent Ab s tai n H1Qdav -Neal I ----v--Fl tzoatrick I Wei s t Bi lo --Bradshaw - Otis I • • • • • - • • ROLL CALL Moved Seconded Ayes Na y Absent Abstain H1qday i-Neal I Fltzoatrick Weist 1 .-Bi lo Bradshaw Oti s I s "-? __ _ -- • I • • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain H1qday c...... Neal I Fltzoatrick -, Weist I , -Bi lo r . Brad shaw I Otis T / 0 / 2--z I I 2--z_ 0 • I • • • • - Moved • • • • ROLL CALL Seconded Ayes Nay Absent H1odav Neal Fi tzoatri ck Weist Bi lo Bradshaw Otis nia~~ /d ' q C ~!u 1J ,t<, ~-: {JV • Abstain I . • - • • • • • ROLL CALL Moved Second d Ayes Nay Absent Ab stain H1aaav I/ I __,.,-Neal I Fi tznatri ck I Wei s t -Bi lo I,/ Bradshaw Otis ~ ~~~k). ~ !~ /YY'--'-~ ;;)-&-f:2 ;2.-)-f 'f ------ • I . • • • • • ENGLEWOOD DOWNTOWN DEVELOPMENT AUTHORITY 3535 So. Sherman -Englewood, CO 80110 MINUTES November 10, 1982 Board Members Present: Bush, Close, Coleman, Gasson, Kaufman, Mausolf, Maxwell, Neal, Owens, Pendleton Board Members Absent: Holthaus Staff Present: M. Haviland, P. Dietrich Guests: Phil Brady, Dorothy Dalquist, Dick Hinson, Chris Holthaus Chairman Gasson called the regular meeting to order at 12:15 PM on November 10, 1982. The minutes were presented for approval. Ms. Owns moved, seconded by Mr. Coleman, that the minutes of the Ocotber 13, 1982 Regular Meeting be approved as presented. Th motion passed unanimously by voice vote. Mr. Pendl ton present d the bills for payment and the Tr asurer 's Report. Ms. Owens mov d, second d by Mr. Neal, that the bills for payment be approved. The motion passed unanimou sly by voice vote. There was nc action necessary on the Treasurer's Report. ROUSE COMPANY -Mr. Phil dy pr sented th r ol that th American City Corp., a ubsidi ry of th Rous Company , c n hav in a developm nt proj c t. He explaln d that his comp ny c n aa8 88 h district with rap ct to th dev lopm nt project. Discus ion by th Bo rd indicat d that critiqu of th proj ct at thls point is import nt to insur th of th proj ct . Th study could includ n n 1 si of how public spac b us d and how it will int gr t into th part of th d v lopm that h thou ht th City would w 1 om proj ct to d t , p rticularly sit might r bout th corr ctn ss of th Plan. ol n, tor qu st th £x nd contr ct for• c ritiqu t lud d will b 8 proposal to fr ul futur o th downtown th un n lmou• th t this outa ld r s urc I • • , I - • • • • • in the future decisions of the project. The motion was passed unanimously by voice vote. Mr. Coleman reported on a meeting with Fred Kent, President of Project for Public Spaces. Mr. Kent presented a brief and informal critique of the existing Downtown Plan in which he pointed out, and supported by examples, several significant functional problems in the Girard Mall, the Dry Creek development, and Broadway parts of the Plan. He also questioned some of the fundamental assumptions of the plan, and its development phasing, while at the same time indicated that the development plan, with corrections, had great potential. Everyone who heard his critique felt that this third party evaluation was extremely enlightening. After much discussion, it was suggested that the Director also explore contracting the Project for Public Spaces firm to critique the redevelopment project. It was decided to have a special Board Meeting on November 22, 1982 at 5:30 PM to further discuss the meetings with Denver Downtown Partnership, Project for Public Spaces, and the American City Corporation. As the remaining items on the agenda for information. only, Mr. Kaufman moved, seconded by Ms. Bush, that the meeting be adjourned. There being no discussion, the meeting was adjourned at 1:55 PM . • I • • - • • • • MINUTES ENGLEWOOD PUBLIC LIBRARY ADVISORY BOARD November 9, 198 2 Chairman Bob Currie called the regular meeting of the Library Advisory Board to order at 7:33 p.m . PRESENT: ABSENT : Bob Currie, Debbie Dix, Norm Kerswill, Joe Rathbu rn, Kay Van Valkenburg Jerry Valdes, Wilma Ankrum, Marietta Brown, Dorothy Wheel e han F ALSO PRESENT: Mike Haviland, Englewood Downtown Development Aut hor ity Director Sharon Winkle, Director of Libraries Donna Gottberg, Recording Secretary Roll call was taken and a quorum declared present . Mr. Currie turned the meeting over to Ms . Winkle who introduced ~like Haviland, of the Englewood Downtown Development Authority, who presented a slide s how on the City of Englewood . A question and answer period followed the slide show . Director's Report Ms. Winkle gave a br ief report on the Colorado Lib rary Association (CLA) Con- ference which was held in October. The linutes from the Arapahoe County Joint Library Bo ard Meeting wer e discu ssed, with plans for a cooperative collection development agreement being prepared for Spring of 1983 . A proposal was submitted to City Council regarding sh ring of an automa t ed library manag ent system with Littleton (Bemi s) Library. Council declined to fund the propo al. The Library has received the $2,500 check from th Frnie Ander on bcquc t . lt will be placed into the Donor 's Fund. Ms. Winkle reminded the Board of the nnual Book ale b ing held Novemb r 13 at the Library. December 10 h b ens t for the layor's Chr 1 mas Tre Lighting Program. Co m- unity D v lop11 nt, P rks and Rccre t ion, Employee R lat ion as well as the L1br ry Bo rd will be particip 111 thi: ye r. report on h1 pr book sal . nt t1on t th CL/\ Conferen ere- to b i ueJ to th Engl wood f mily who h s re- 1ly moved b fore th ummon could b issued cuing At orn y re stil l working on th c .. • I • • n n - r • • • • -2- Unfinished Business Norm Kerswill, Joe Rathburn and Kay Van Valkenburg were appointed to th e In - tellectual Freedom Co mmittee and Debbie Dix, Bob Currie and Sharon Winkl e were appointed to the Legislative Committee. The Statistical Report for October was briefly discussed. 82-26 MOTION: To accept the Minutes from the October 12, 1982 Meeting as written . Moved by: Joe Rathburn Seco nded by: Debbie Dix Motion carried. Ms. Winkle gave the Board Members copies of the new Library broc hur es and map s . Meeting adjourned at 9:10 p.m. 11 -19 -8 2 dg • , I • • • • • • uRBAN REN EWAL AUTHORITY November 3, 1982 5 f 1. CALL TO ORDER. The regular meeting of the Englewood Urban Renewal Authority was called to order at 5:45 P. M. by Vice-Chai rman R. P. McC lung . Members present: Cole, Fitzpatrick, Mcclung, Mi.nnick , Vo th Hinson, Acting Exe c ut i v e Dir ector Members absent: Dickinson, Powell Also present: Alternate Member Larry Novicky D. A. Roman s , Acting Director of Conununity Developmen t John C . Maxwell, EDDA Board Member II. APPROVAL OF MINUTES. Vice-Chairman Mc Clung s tated that the Minutes of October 6, 1982, and October 20, 1982, were to be co nside red for approval. Minnick moved: Fitzpatrick seconded: The Minute s of the Regular Meet ing of October 6, 1982, and of the Special Meeting of October 20, 1982 , be approved as written, AYES: Fitzpatrick, McClung, Minnick, Voth, Co le NAYS: None ABSENT: Dickinson, Powell The motion c arr ied . III. BILLS AND COMMUNICAT IONS. Mr. Hinson reviewed a listing of charges i ncurred in advert ising for Requ sts for Proposals. He n oted that the bills that have been incurred do exceed th amount budgeted for advertising . Discussion on payment of bills and accounting for the Ur ban Renewal Authority ensued. Mr. Hinson stated that special accoun s have been set up fo r the Urban Renewal Authority, and that the City Accountin g Divis ion 1 keeping track of all revenues and expenditures of the Urban Renew al Auth o rity. Mr. Hinson tated th t bills shou ld be receiv d from Mr. B nedet ti for h lb services. Th r hav been no bills received from the appraiser as yet , and this would not b paid until the reports on the appraisals wer submitted. Mr. Hi n son point d out that listing of d v lopers who have respond d to t he Requests for Proposals has be n provided to th Authority. Mr. Hin on s tated that two oth er dev lop rs hav responded that are not includ don the list nd h r qu s ted that thy b allowed to s ubm i t a propo al for dev lopers ar R. Lo w Fann ing and Ar noff . IV. SECRETARY'S REPORT. A. 12...v lop r ' Propos ls. Mr. Hinson s t t d that a bri ing tlng with d v lop rs who had ub- • l 1 I • • • • • • -2- mitted expression of interest forms was held on October 13th. Deadline for submission of development proposals is November 15th. These proposals will be evaluated, and those developers determined to have viable pro- posals will be invited to make a presentation before the Urban Renewal Authority, the EDDA, and the City Council. Discussion ensued. Mr. Novicky asked if the request for proposals was worded so that developers could submit proposals for the total project, or for a portion of the redevelopment? Mr. Hinson stated that this is correct. Mr. Fitzpatrick stated that he hoped it would be possible to get more than one developer involved in the redevelopment project, and perhaps have a cooperative effort in redevelopment . Mr. McClung stated that he felt the Authority should be receptive to all redevelopment pro- posals submitted; he stated that he did not feel that one redeveloper could accomplish the total project. Mr. Hinson stated that nothing ha s been done which would limit the Authority to one redeveloper; that there is nothing to prevent further advertising for redevelopers if nothing is presented that is approved on November 15th. Mr. McClung stated that he felt there should be strong reliance on personal contacts to bring in developers who might be interested in participating in the project. B. Tri-Party Agreement. Mr. Hinson stated that a copy of the Tri-Party Agreement, as approved by the Urban Renewal Authority at the last meeting, was sent to Mr. Haviland of the EDDA. Mr. Haviland sent a letter to Mr. Hinson with an enclosed draft of a Tri-Party Agreement as amended and approved by the EDDA Board. Mr. Hin son noted that the draft of the agr ement as approved by the Urban Renewal Authority and submitted to Mr. Haviland listed eight (8) responsi- bilities for the EDDA in the Tri-Party Agreement. As per Mr. Haviland's draft of th Tri-Pa rty Agreement, the respon sibilities of the EDDA would be limited to: 1. To advis th EURA concerning actions to be taken by the EURA pursuant to the Plan (including the amendment thereof), particularly as such action might affect the central business district of the City and the re idents and property owners therein. 2. In coop ration with the EURA, to act a facilitator in the lmplem nta- tion of th Plan, to gain coDDDunity support for the Plan and to ncourage resolution of issu s ffecting raid nts, property owners nd bu in sses in th c ntral busines district. 3. To provid t chnical support for po t-dev lopm nt m nagement effort . Mr. Hin on stat d that he had call d Mr. H viland to determin wheth r the oth r five it ms had b n eliminat din dv rt ntly, nd was inform d that the fiv it m w r liminated by int nt; that Mr. H viland had includ d th matt rs that h felt th EDDA Bo rd indicted they would participat in, and that such things as participation on th manag m nt nd d sign r - view tam r und rstood nd do not n d to b includ din th Tri-Party Agr ment. Discussion nu d. Mr, Voth 1tated th the had att nded th EDDA Board eting, and h did not fe l th t this wa wh t th Board of EDDA had approv d at that tin ; h a k d if p rhaps Mr. Maxw 11 could enlighten th Urb n Rn wal Authority on this matt r? Mr. Maxw 11 stat d that h was a a 101 to xplain th diff r nc in what was approv d by • I • • • • • - -3- the Board of EDDA, and what Mr. Hav i land has included in the draft o f the Agreement he submitted to Mr. Hinson. He noted that s uch matters a s Broadway rehabilitation is of major concern to the EDDA Board, and that this has been eliminated as a respon sibil ity of the Board in Mr. Haviland's draft agreement. Further discussion ensued. Mr. Fitzpatrick s tated that he felt the eight items listed i n the Tri-Pa rty Agreement drafted by Mr. Benedetti and approved by the Urban Renewal Aut hority were matters that the EDDA had asked for and what they wanted included in t he agree.ment; he stated that he f i nds it "appalling" that their responsibilities are now cut by more than half. Mrs. Cole asked who would assume the respon si- bility for the Broadway Rehabilitation Program if the EDDA does not want to do i t ? Mr. Maxwell reiterated that this is of major concern to the EDDA members, and that they are anxiously awaiting information on the design guide- lines from Design Workshop, Inc. Discussion ensued. Mr. Voth stated that h e felt there was a strong possibility of misinterpretation, and that thi s should be checked into. Mr. Hinson stated that the City did compile and file the application for CDBG funds for the commercial rehabilitation program, but it was not the intent that the City would be doing the work for the entire program. Mr. Maxwell s tated that he did not feel the intent was to turn the rehab program over to the City entirely. He stated that he was meeting with Mr. Hav iland on Friday morn ing, and would try to discuss this matter with him at that time. Further discussion ensued. Mr. Voth stated that he felt further explanation should be made of the discrepancy in what the EDDA Board ap - proved and what is submitted by Mr. Haviland, and s uggested that the matt er be tabled. Discus sion ensued . Voth moved: Minnick s econd d: The Tri-Party Agreement be tabl d until further i nfot'lllation is receiv d from EDDA on their r pon s i - bilities to be included i n the Agreement. Mr. Fitz patrick stat d that the Agreeme nt as drafted by Mr. Haviland s e ms to be in d irect opposition to what he unders tood th EDDA want ed , nd tn d irect opposition to what the City Council was given to understand. Fur- ther discussion ensued. Mr. HcClung s uggested that Mr . Hinson hould di- rect a lette r to Hr. Haviland pointing out th problem envi sioned in th elimination of so of th duties previously pr oposed to b delegated to th EDDA. Th V O L wa c 11 d: AYE S : AYS: ABSE Th Fitzpatri c k, HcClung, Minnick, Voth, Cole Non Pow 11, Dickins on tion c rri d. Hr, Dickinson nt rd th etin at 6:10 P.H. • I • • • • • - -4- C. Urban Renewal Plan Amendment. Mr. Hinson s tated that the City Council ha s scheduled a public hearing for November 15th at 7:30 P.M. to consider Addendum #3 to the Urban Re- newal Plan. This addendum is a listing of properties that will have to be acquired either in whole or in part to facilitate the Little Dry Creek Flood Control Program. Mr. Hins on s tated that the only complete taking of property that is included on this list is 3601 South Logan Street. This property is being appraised at the present time. The other properties listed would be subject to only a partial acquisition. Mr. Hinson stated that the Urban Renewal Authority is not required to hold a Public Hearing on amendment of the Urban Renewal Plan; however, the Urban Renewal Author i t y may ratify and support the amendments. The merits of acquiring the total site at 3601 South Logan Street v s . con- s truction of a retaining wall were discu ssed. Mr. McClung expressed con- cern about a possible precedent being set and possible jeopardizing of the program in the future. Mr. McClung also expressed concern over negotiat ions being carried on that the Urban Renewal Author ity ha s had no part in . Further di scussion ensued. Mr. Voth s ugge s ted that the Urban Renewal Authority could not ratify the amendment to the Urban Re newal Plan until after the public hearing before the City Council. Mr. Fitzpatrick noted that unt il the design of i mprov e- ments is completed, the exact amount of property to be taken will not be determined. He stat ed that the engineers have been told that the design should take only that property which is positively necessary fo r the im- provements. Mr. Hinson stated that Director of Engineering Services Died e i nd icated that the amount of land to be taken would be determined hy the time of the Public Hearing . Minnick moved: Fitzpatrick s conded: Adde ndum #3 to the Downtown Redevelopment Plan be tabled until after the Public Hearing b efore the City Council on November 15th. AYES: McClung, Minn i ck, Voth, Cole, Dickinson, Fitzpatrick NAYS: Non ABSE T : Pow 11 Til motion c arr i d. D. City/Urb n Rn wal Authority Agreement. Mr. this agr m nt is to b drawn authorizing th City to provid a t ffing and ccounting s rvice s to th Urban Rn wal Authority. Financing for th Urb n Rn wal Authority would b h ndled by th City un- til uch ti a a th Tax Iner ment Bonda ar sold. Mr. B n detti is to draft this Aar nt. Mr. Mr. th Honthl nt Status R port. Monthly R dev lop nt Status R port, noting that l a proc e ding on the apprai s al of two prop rtiea authoriz d by n wal Autho rit y. H n o t d the th Apprai s al Contract ha a not • I • • • • - -5- been completed; it is now proposed that the appraisal work be "phased", and no t done all at one time. The appralsal of the properties east of Broadway is proposed to be completed initially , with appraisal of proper t i e s west of Broadway to be completed later. A phasing schedule ha s to be worke d out and the agreement drafted to reflect this schedule. Mr. Hin son stated that he hoped this Agreement would be available at the next regular met i ng . Mr. Hinson reported that the staff is continuing to work with the engineer s on the Little Dry Creek project; work is projected to begin in the early part of 1983. The Downtown District Zone was discussed by Mr. Hinson. He reported that a meeting on October 14, 19 82, hosted by the Planning Commission, was held to explain the Downtown District Zone to members of the EDDA, Urban Renewal Authority and other interested parties. This matter will have to go to public hearlng before the Planning Conunission and City Council before it is adopted. The staff is now waiting on information from the Citv Attorne y'~ office. He suggested that Mrs. Romans might want to add to this discus s i on. Mrs. Romans stated that further consideration of the Downtown District Zone had been scheduled before the Planning Commission on November 16 th; however, there has been no information submitted to the staff from the City Attorn y's office, and whether this matter will be consldered at that time is undeter- mined. Mrs. Roman s stated thal .!.!. the City Attorney 's Office render s the information to the staff in time for the November 16th meeting, she estimated that a Public H arlng before the Planning Commission could be scheduled for late December or ea rly January , 1983. Mrs. Romans also pointed out that th s taff is in the process of workin on amendment s to th entire Comprehensive Zoning Ordinance, and hav reached the point where special legal co unsel will have to be retained, or City Council will have to direct the City Attorney's staff to give tim to this matter. Mr. Hinson tat d that Mr. Don Ensign of D sign Workshop, Inc., will make a presentation to City Co uncil on November 15th regarding their progress on d sign guid lln s for Broadway. Completion on this project is expect d by mid-De ember. Mr. McClung asked if it would be possible form mb rs of th Urban Ren wal Authorlty to attend this presentation? Mr. Fitzpatrick stat d th t h• pr ent tion will b mad t the study session , but th t study eh!, l na ar public meeting • Mr. t!m on r port d on th prep ration nd filing of an applic tion to HUD for CDBG fund. Th pplica ion wa for $850 ,000, which funds, if pproved, will b . p nt for housing and co!Dlllerci 1 r h bilitatlon project . An pplic - t ion wlll b filed with th Stat for 1981 for an dditional $850,000, which will lao b us d for r habllil of housing and comm rel 1 u~ b along Broadway. Mr. Hin on s eated th amount of money th t ha b n c omm! tt d by th Cl ty co the downtown h s b n a very import nt ·to t In th se ppllc tlons. the Negoti tor S 1 ction Coro- t 9:00 A.M. Mr. Hin on dl ·- to con id r, 'luch qua ll 1 not indlvldu l in n ~otiat l n .:-------------._.._ • I • • • • - -6- V. REPORTS OF COMMITTEES. There were no reports of Committees at this time. VI. UNFINISHED BUSINESS. A, Property Acquisition. Mr. Hinson stated that information on the appraisal of 3767 South Clarkson is available at this meeting for perusal by the Authority members as re- quested by Mr. Voth. Mr. Hinson cited a communication from Director of Engineering Service s Di ede outlining the basis on which the price of $67,000 was reached. Purs uant to Re s olution #4, Serie s of 1982, passed by the Urban Renewal Author i t y on Oc tober 20, 1982, a council communciation wa s s ubmitte d requesting that $67,000 be trans ferred from the P.I.F. to the Urban Renewa l Authority for purchase of this property . Mr. Hinson stated that he wa s i n recei pt of a commun icat i on fr om Cit y Manager McCown which conf i rmed that City Counc il did auth o r i ze the trans fer o f $70,000 to the Urban Renewa l Author i t y a ccount t o purchas e 3767 South Clarkson Street. Th is wou l d also cover c los ing c o s t s a sso ciated wi t h the pur chase. Mr. Hin s on s tated that Resolut i on #5 , Se r ies o f 1982, has been prepare d, wh i ch r esolution s e t s forth the fol low i ng : Sect i on 1: The Englewood Urban Re ne wa l Author i t y will purchase the prope rty loc ate d at 3767 South Clarkson Stree t from the owner of record f o r a se l ling price of $67 ,0 00. Sec t i on 2: The Eng l ewoo d Ur ban Renewal Au thor i t y a utho r i z es the payment of e xp en ses i n cide ntal to t h e pur cha e of th i prope rty to th e xte nt that s u ch pa yme nt do no t c au se the t o tal c o s t o f the prope rty t o e x ceed $70 ,000 . Sect ion 3 : The Englewood Ur ban R ne wal Aut h orit y a uthorize the Cha i rma n of the Authority t o sign t h Specific P rfo rmanc Co ntrac t, at- t ach e d he r e to, which s t s for th th t e rm s and cond i t i on s of t h sale of 376 7 Sou th Cla r kson Stre tin accor da nce wi th Section 1 a nd 2 of this Resol ution. Mr. Dickinson s k d what would happ n if th bond to be issued by th Authority did not sell; the Authority would h v no fund to reimburs th City for th purch e of this prop rty. Mr. Voth tat d t h tit would be n xpens e of th City; the City has fund to b ck th pu rch seat thi s point . Mr. Hinson point ed ou t th t th City would h veto acquire the property v ntually to facilitat th Littl Dry Cre k Improv me nts . Mr . Hi n son stated that the Sp ciflc P rfonnanc Contract ha b e n prepar d by City Attorn y D Witt and John A. Cri aw 11 , Coun s el for t h p r ope r ty own r at 3767 South Cl rks on Str t. Mr. Hi n son point prop rty not th raid nc prop r t y own r, t h r i a at n nt occupyin r location p nta to thi R n wal Authority. Th qu wa s m nt• would b involv d ina much•• tis at 3767 South Clark on Str but ia a r ntal prop r t y, on a nth-to-aonth basis. nd • uthoriz d by t h th r r location not a r ault of Any Urban pay- ain nt I • • • • • -7- domain. Discussion ensued. The possibil i ty of allowing the tenant to remain in the premi s e s and pay rent to the Urban Renewal Authority after purchase until actual construction began was also discussed. Mr. Minn ick noted that from pictures of the property contained in the appraisal do cu- ment, he questioned what liability the Urban Renewal Authority would be i ncurring if the tenant were to be allowed to remain after purchase. Mr. Dickinson s ugge sted that these concerns could be mitigated i n the writing of a contract with the tenant. He stated that he did not feel the Author ity was under any obligation now or in the future regarding liability as a re sult of the condition of the property. Discussion ensued. Mr. Hinson stated that Mr. Diede, Director of Eng ineering Services, has been in contact with the tenant. He emphasized that any relo- cation payment or lack thereof mu st be approved by the Urban Renewal Author ity. Mr. Hinson also pointed out that City Attorney DeWitt has s tated that the ~e is nothing to keep the Urb an Renewal Authority from making an agreement with tenants. Mr. Minnick expressed further concern on the condition of the property, and the liability that might be incurred by the Authority. Mr. Hinson urged that Authority members review the relocation section of the Downtown Redevelopment Plan (Urban Renewal Plan), and that this matter would be further considered at the next regular me eting of December 1st. He pointed out that if relocation payments are authorized in this instance, a precedent is being se t, and that all displaced property owner s and t enant s should be treated ln a like manner. Further discussion followed on the possibility of allowing the tenant to remain, at reduced rent or rent-free, with stipulations i n the contract on liability of the Authority if injury or damag is experienced by the tenant as a result of the condition of the property. Mr. Dickinson asked for an opinion from th City Attorn yon rental of this property after purchase vs. not renting this property. He asked that the opinion cover uch matters as insurance, fire safety , etc. Discussion on clearing the property ensu d. Mr. Novicky asked if ther would be alvag rights when the prop rty i razed? Mr. Fitzpatrick st d th t when demolition contract i 1 t, thy figur in whats lvag th r may b , and this r due s th cost of d molltion. Mr. Fitzpatrick t t d that the City would lik to s construction b gin th first of April; th school wants to 11 off th sod on th athl tic field, and th dirt that would hav to b r mov d would b taken to th golf cours . Brl f dis- cussion follow d. Mlnnick mov d: Col s cond d: R solution #5, Sri of 1982, b th Urb n Rn wal Authority. pprov d nd dopt d by AYES: Minnick, Voth, Col, Dickinson, ltzpatrick, McClung AYS: Non ABSENT: Pow 11 Th 11<>tlon c rri d. I • • - • • • • • -8- B. Appointment of Sub-Committees. Mr. Hinson referred to a memorandum from City Attorney DeWitt regarding appointment of sub-committees of the Urban Renewal Authority. If the sub- committee is to serve in a decision-making capacity that would bind the Authority, such sub-committee is to be appointed by a vote of the entire Authority. If, on the other hand, the sub-committee is to serve in an advisory capacity with recommendations to the Authority, as was the case with the Appraiser Selection Committee, such sub-committee may be appointed by the Chairman, or by a group vote. Mr. Hinson stated that there will be a need for some working sub-committees of the Authority in the future, and that it would be within the jurisdiction of the Chairman to appoint such sub-committees. VIII. PUBLIC FORUM. Mr. Maxwell again stated that he would discuss the discrepancies in the Tri-Party Agreement with Mr. Haviland, and try to resolve the matter. Further brief di cu aion ensued on the matter of relocation benefits and notice to vacate preaiae at 3767 South Clarkson Str et. Mr. Hinson reiterated that the Authority aeab rs 11USt k ep in mind that relocation benefits must be fairly administered. Mr. McClung expr his attendance. d th appr ciation of th Authority to Mr. Maxwell for The meeting adjourn d at 7:25 P.M. • I • • ORDINANCE NO. elf SERIES OF 198-2~~ • • • BY AUTHORITY COUNCIL BILL NO. 59 INTRODUCED BY COUNCI L MEMBER FITZPATRICK AN ORDINANCE APPROVING THE WHOLE COST OF THE IMPROVEMENTS MADE WITHIN THE NORTH SECTION IN PAVING DISTRICT NO. 26, IN THE CITY OF ENGLEWOOD, COLORADO; APPROVING AND CONFIRMING THE APPORTIONMENT OF SAID COST TO EACH LOT OR TRACT OF LAND IN SAID NORTH SECTION; ASSESSING A SHARE OF SAID COST AGAINST EACH LOT OR TRACT OF LAND IN THE NORTH SECTION; PRESCRIBING THE MANNER FOR THE COLLECTION AND PAYMENT OF SAID ASSESSMENTS: AND DECLARING AN EMERGENCY. WHEREAS, by Ordinance No. 14, Series of 1979, finally passed and adopted on April 2, 1979, the City Council has created Paving District No. 26, within the City of Englewood, for the purpose of constructing and installing street paving, curb, gutter and sidewalk improvements, together with necessary incidentals, on certain streets within the City: and WHEREAS, the improvements within the South Section of the District authorized by said Ordinance have been completed and accepted by the City and assessments have been levied against those property owners who have benefited from such improvements, for a portion of the cost of the project: and WHEREAS, the improvements within the North Section of the District have now been completed and accepted by the City and the whole cast of such improvements has been determined: and WHEREAS, an assessment roll has been prepared for the North Section and a statement showing the total cost of the improvements has been duly filed with the City Council: and WHEREAS, from the statement made and filed with the City Council, it appears that the whole cost of said iaprove- ments within the North Section is the aaount of $81,835.59, of which amount the City of Englewood will pay $50,017.37 leaving $31,818.22 to be assessed against the real property within the North section in the District, said amount including costs of inspection, collection and other incidentals and also including interest as allowed by law, and I • • / • • • • WHEREAS, from said statement it also appears that the Ci ty Council has apportioned a share of the whole cost to each lot o r tract of land within the North Section in th~ District, in accordance with the benefits to be derived by said property and in the proportions and amounts severally set forth in Exhibit A attached to this Ordinance: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. Confirmation of Assessment Roll. That the whole cost and apportionment of the same within the North Section is hereby approved and confirmed, and said apportionment is hereby declared to be in accordance with the special benefits which the property in the North Section in the District will receive by reason of the construction of said improvements, and a share of said cost is hereby assessed to and upon each lot or tract of land within the North Section in the District in the proportions and amounts as set forth in the assessment roll, attached hereto as Exhibit A. Section 2. Payment of Assessments. That the assess- ments shall be due and payable at the office of the Director of Finance of the City of Englewood, with i n thirty days after the final publication of this Ordinance, without demand: provided t hat all such assessments may, at the election of the property o wn er, be paid in installment s , with i nterest a s here i naf t e r provi ded. Failure to pay the whole assessment wi thin sa i d pe ri od of thir ty days shall be conclus i vel y cons i dered and h e ld a n election on the p a rt of all person s inte r ested, whet h er un d er disability or otherwise, to pay in said insta llments. Such election shall be conclusively . held and considered as a waiver of any right to question the power or jurisdiction of the City of Englewood to construct the improve- ments, the quality of the work, the regularity or sufficiency of the proceedings, or the validity or the c orrectn ess of the as- sessments, or the validity of the lien thereof. -J • I • • -• • • In the event of such election to pay in install- ments, the assessments shall be payable at the office of the County Treasurer of Arapahoe Countt, Colorado in ten (10 ) equal annual installments of principal, the first of which installments of principal shall be due and payable on or before the 1st day of January, 1983, and the remainder of said installments shall be due and payable successively on or before the 1st day of January, in each year thereafter until paid in full, withinterest on the unpaid principal amount at the rate of 10.501 per annum, com- mencing on the date of publication of this ordinance by title following final passage and payable each year at the time of paying installments of assessments. Section 3. Penalty for Default or Non-Payment. Failure to pay any installment, whether of principal or interest, when due shall cause the whole of the unpaid principal to become due and payable immediately, and the whole amount of t he unpaid princ i pal and accrued interest shall thereafter draw interest at the rate of one per centum (11) per month, or fraction of a month, until the date of tax sale, as provided by law. At any time prior to the date of the tax sale, the owner may pay the amount of all unpaid i nstallments with interest at one per cent um ( 11) per month, or f raction of a month, and all penalties accrued and shall thereupon b e restored to the right thereafter to pay in installmen ts i n the s ame manner as if default had not been suffered. The owner of any proper t y not i n defau lt a s to any installment or payment ma y , at any time , pay the whole o f t he unpa i d p rincipa l with a ccrued interest to the date of the ne x t a ssessment installment payment date. Section 4. Discount on Pa yment of Assessments. Pay- ments may be made to the Director of Fin a nce at any time within thirty days after the final publi ca tion of this Ordinance, and an allowance of fi v e per eentum (5 1 ) will be mad e on a ll p a yments made during such period, but not there a fter. Th e disc ou nt of 5 1 shall apply to all such payme n ts , whether t h e pa yae n t is the entire amount of assessment due, or a part of the a ssessment. -3 • I • • -• • - Immediately after the expiration of such thirty day period, the assessments shall be certified to the County Treasurer of Arapahoe County, Colorado, for collection, as provided by law. Section 5. Assessment Lien. All assessments levied against the real property within the North Section in Paving District No. 26, together with all interest thereon and penalties for default in payment thereof, and all costs in collecting the same, shall constitute, from the date of the final publication of this ordinance, a perpetual lien in the several amounts assessed against each lot or tract of land. Such lien shall have priority over a ll other liens except general tax liens, and shall be enforced in accordance with the laws of the State of Colorado. If any tract of real property included within the North Section in the District is hereafter divided or sub- divided into two or more such tracts or parcels, the Direc- tor of Finance, with the assistance of the Director of Public Works, is hereby authorized and directed to divide the assessment against such tract in the same proportion that the tract itself is subdivided into two or more such parcels, and to certify the revised assessments to the County Treasurer of Arapahoe County, Colorado. Section 6. Payment of Special Assessment Bonds. The amount of assessments herein levied against the property specially benefited with in the North Section, in the total amoun t of $31,818.22, together with the proceeds of the bond issue and not needed for the construction of the improvements, if any, and the amount of th assessments previously levied against the prop rty within the South Section in the District, will be in an amount sufficient for th payment of the outstanding bonds iasu d for Paving District No. 26, dated June l, 1980, in the principal amount of $100,600. Section 7. Severabil ity. That it any one or 111ore s ctions or parts of thia Ordinance shall be adjudged unenforce- able or invalid, such jud911ent shall not affect, i11pair or in- validate the re11aining provisions of this Ordinance, it being the intention that the various prov aions hereof are severable. ' - • I • • • • • Section 8. Emergency Provision. By reason of the fact that bonds of Paving District No. 26 are now outstanding and that interest thereon has become due and payable, funds must be made available from assessments at the earliest possible date for payment of such interest, and for the immediate preservation of the public property, heal th, peace and safety, it is hereby declared that an emergency exists and that this Ordinance shall take effect upon its final passage. Section 9. Repealer. All ordinances, or parts thereof, in conflict herewith are hereby repealed. Sect ion 1 0. Hearing. In accordance with the City Charter and the Municipal Code of the City, the City Council shall hold a public hearing on this ordinance, before final passage at 7:30 P.M. or at such later time on December 6, 1982, as Council is able to hear it in its normal course. Section 11. Publication and Effective Date. This Ordinance, after its final passage, shall be numbered and record- ed, and the adoption and publication shall be authenticated by the signature of the Mayor and the Director of Finance, ex-officio City Clerk-Treasurer, and by the Certificate of Publication. Th is ordinance shall take effect immediately upon final passage and shall be published within seven days thereof. Introduced, read in full, and passed on first reading on the 15th day of November, 1982. Publish d as Nov mber, 1982. Bill for an Ordin nee on the 17th day of -s- • I • • - • • • • • Read by title and passed on final reading on the 6th day of December, 1982. Published by title as Ordinance No.~~~' Series of 1982, on the 8th day of December, 1982. Eugene L. Otis, May or Attest: ex officio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the Ci ty of Englewood, Colorado, hereby certify the above and fore- go ing is a true, accurate and complete copy of the Ordinance passed on final reading and published by title as Ordinance No. , Series of 1982. Gary R. Higbee -6- • , I • • • - • • . UL~lrJION Of ~Ol'UUY l HAMf: A.NIJ AOOII~ -.... -weo&Y- ' 1971 33 2 00 001 Part of NW 1/4 o! NW l/4 Soc 33 $4,839.83 Charter Pago, Inc. doac •• bug at SW cor, thancu i \ Roy £. Galley N S70 ft, Th E JO !t lo true 2700 s. Zuni St. POB,Th E 320 ft, Th N 460 ft, Th P.O. Oox l2~8 W 320 fl., Th S 460 Ct lu pl of Englewoou, C'O 00110 t.,cg ))-4-68 2 U7l lJ 2 00 002 Do9 230 ft N, 30 ft E of SW $4,053.82 All MKicM llclttlin9 Clo. cor NW 1/4 lllf l/4 1 Th N 340 ft1 3 c/o ·rortaaan, Little • Th E 420 !t1 Th I S70 ft; Th I~ s~raon llvo. 242 ft1 Th N 230 ft1 Th W 178 !t I to be9 ox S 60 ft for rd 33-4-61 Now Yo.rk, ,)I.Y. 10022 ,. -, . • . .... r.n9lowood, City of Bog 60 !t N, 192 ft C of SW $ 266.07 3400 S. Clati cor NW 1/4 NW 1/4 Sec 33-4-68 5 En9lowood, co 00110 Th N 69 ,8 !t1 Th W tl .$ ft1 Th N 100.2 ft; Th & 97.S ft1 Th S 170 ft ; Th W 16 ft to be9 33•4•61 ' .. . U7l 33 2 00 006 11e9 230 ft N, JO ft!: of SW cor $1,227.38 lleynio, R.llph I':. ' 11W l/4 11W 1/4 lee 33•4•61 1 Th E 7 Jeannino s . 00.5 ft1 Th I 100.2 ft1 Th£ 222S S. Jul13n St . 11,S !t1 Th I 69 .8 ft1 Th W 162 , D<tnvor, co 80219 ft1 Th N 170 ft to IM'9 ex W S.S ft Sec ll•4•H 1971 ll 2 05 ,009 1'2 l YAlo•ftjOII IAduatrial $2,674.,2 -Char~ Pap, Inc. Park ' IUtkin, Co. , Kr • lftli to 2120 1. &uni It, ~levoocl. co 10110 --· 10 1971 ll 2 07 001 l l Viata Uta, 2nd Fl9 $2,267.30 11 .JIOaanU\, NAU.lo ~l60 w. aatoa llvanuo Cn9lewoocl, co 10110 1971 ll 2 07 002 2 l V au. llta, 2nd Fl9 $2,289.22 12 ~.John,.' Cr ia """. .'1'f Ten 2900 .a . Suni It, -. co 1n11n U7l ll 2 07 003 l Tract .1, v1ata Hta, 4na ,:l,180.:>5 Fiant, W.ldo I, ' F19. I~ Durbaa, P.A. 4634 W. Tuft• Cir ----t'n 8ft)'6 • 1971 ll 2 07 004 4 '5 1 V1ata llta, 4na r19 . U,•:,•.lO rr-n, 11 .0. " 3019 llilla do Pl Littleton, co 10123 I " ... E Y.H ;~,r A . • • - ,. 3 6 .. .. 10 '~ 12 u • 14 1 .. , ' • 1 971 33 2 08 001 Bla i r , w. Donald• Barbara J. , J T 1•un 3000 s . Zun i St . en lowood, co UOllU 1971 33 2 011 oo, Blair, Donald, BD.rbara J., JT Ten 3050 s . Zuni St. wood C 801 0 '• .... - 1-2 7 v ~ata Uta, 2nd Fl9. 7 'l'rAct. J, Vi»L4l UL¥, ~nJ Fl9 . 7 4•S 7 Viata Hta, 2nd Pl9. I:99er, llarvin P. 2397 w. Dartaouth Avenue £11 lewoocl co 80110 ·; · .... ::-_r:..:.. ... . _ ... - .......... > -:--: - .""·t:·, .. :r:(; • • • $3,064.47 $2,224.85 $3,872.01 I • • • - ORDINANCE NO.~ SERIES OF 1982 • • - BY AUTHORITY COUNCIL BILL NO. 59 INTRODUCED BY COUNCIL MEMBER FITZPATRICK AN ORDINANCE APPROVING THE WHOLE COST OF THE IMPROVEMENTS MADE WITHIN THE NORTH SECTION IN PAVING DISTRICT NO. 26, IN THE CITY OF ENGLEWOOD, COLORADO; APPROVING AND CONFIRMING THE APPORTIONMENT OF SAID COST TO EACH LOT OR TRACT OF LAND IN SAID NORTH SECTION· ASSESSING A SHARE OF SAID COST AGAINST EACH LOT OR TRACT OF LAND IN THE NORTH SECTION; PRESCRIBING THE MANNER FOR THE COLLECTION AND PAYMENT OF SAID ASSESSMENTS: AND DECLARING AN EMERGENCY. WHEREAS, by Ordinance No. 14, Series of 1979, finally passed and adopted on April 2, 1979, the City Council has created Paving District No. 26, within the City of Englewood, for the purpose of constructing and installing street paving, curb, gutter and sidewalk improvements, together with necessary incidentals, on certain streets within the City: and WHEREAS, the improvements within the south Section of the District authorized by said Ordinance have been coapleted and accepted by the City and assessment• have been levied against those property owners who have benefited from such improvements, for a portion of the cost of the project: and WHEREAS, the improvements vi thin the North Section of the District have now been completed and accepted by the City and the whole cast of such improvements ha• been determined1 and WHEREAS, an assessment roll has been prepared for the North Section and a statement showing the total cost of the improvement• ha• been duly filed with the City Council: and WHEREAS, from the statement made and filed with the City Council, it appears that the whole coat of aaid iaprove- m nt• within the North Section ia the amount of $81,835.59, of which •ount the City of Englewood will pay $50,017.37 leaving $31,818.22 to be aHeHed againat the real property within the North Section in the Oiatrict, aaid amount including coat• of inap ction, collection and other incidentals and alao including int reat •• allowed by law, and • I • • / • • • • WHEREAS, from said statement it also appears that the City Council has apportioned a share of the whole cost to each lot or tract of land within the North Section in t~e District, in accordance with the benefits to be derived by said property and in the proportions and amounts severally set forth in Exhibit A attached to this Ordinancei BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. Confirmation of Assessment Roll. That the whole cost and apportionment of the same within the North Section is hereby approved and confirmed, and said apportionment is hereby declared to be in accordance with the special benefits which the property in the North Section in the District will receive by reason of the construction of said improvements, and a share of said cost is hereby assessed to and upon each lot or tract of land within the North Section in the District in the proportions and amounts as set forth i n the assessment roll, attached hereto as Exhibit A. Section 2. Payment of Assessments. That the asse s s- men ts shall be due and payable at the off ice of the Director of Finance of the City of Englewood, within thirty days after the final publication of this Ordinance, without demandi provided that all s uch assessments may, at the election of the property o wner, be paid in i nstallments, with intere s t as hereina fte r p rovi ded. Failure to pay the whole asses sment within said per i od of thirty d a y s sh al l be conclu s ively con si dered and held a n election on the part of all person a interested , whet h er under disability or otherwise, to p a y in said installments. Such election shall be conclusively . held and considered as a waiver of any right to question the power or jurisdiction of the City of Englewood to construct the improve- ments, the quality of the wo rk , the regularity or sufficiency of the proceedings , or the validi t y or the correctness of the as- sessments, or the validity of the lien the r eof. -J I • • • • • • In the event of such election to pay in install- ments, the assessments shall be payable at the office of the County Treasurer of Arapahoe Countt, Colorado in ten (10) equal annual installments of principal, the first of which installments of principal shall be due and payable on or before the 1st day of January, 1983, and the remainder of said installments shall be due and payable successively on or before the 1st day of January, in each year thereafter until paid in full, withinterest on the unpaid principal amount at the rate of 10.501 per annum, com- mencing on the date of publication of this ordinance by title following final passage and payable each year at the time of paying installments of assessments. Section 3. Penalty for Default or Non-Payment. Failure to pay any installment, whether of principal or interest, when due shall cause the whole of the unpaid principal to become due and payable immediately, and the whole amount of the unpaid principal and accrued interest shall thereafter draw interest at the rate of one per centum (11) per month, or fraction of a month, until the date of tax sale, as provided by law. At any time prior to the date of the tax sale, the owner may pay the amount of all unpaid installments with interest at one per centum ( 11) per month, or fraction of a month, and all penalties accrued and shall thereupon be restored to the right thereafter to pay in installments in the same manner as if default had not been suffered. The own e r of any property not in default as to any installment or payment may, at any time, pay the whole of the unpaid principal with accrued interest to the date of the next assessment installment payment date. Section 4. Discount on Payment of Assessaents. Pay- ments may be made to the Director of Finance at any time within thirty days after the final publication of this Ordinance, and an allowance of five per centum (51) will be made on all payments made during such period, but not thereafter. The discount of 5 1 s hall apply to all such payments, whether the payaent is the ntire amount of assessment due, or a part of the assessment. -3 • ) I • • • • • • Immediately after the expiration of such thirty day period, the assessments shall be certified to the County Treasurer of Arapahoe County, Colorado, for collection, as provided by law. Section S. Assessment Lien. All assessments levied against the real property within the North Section in Paving District No. 26, together with all interest thereon and penalties for default in payment thereof, and all costs in collecting the same, shall constitute, from the date of the final publication of this ordinance, a perpetual lien in the several amounts assessed against each lot or tract of land. Such lien shall have priority over all other liens except general tax liens, and shall be enforced in accordance with the laws of the State of Colorado. If any tract of real property included within the North Section in the District is hereafter divided or sub- divided into two or more such tracts or parcels, the Direc- tor of Finance, with the assistance of the Director of Publ ic Works, is hereby author ized and directed to divide the assessment against such tract in the same proportion that the tract itself is subdivided into two or more such parcels, and to certify the revised assessments to the County Treasurer of Arapahoe County, Colorado. Section 6. Payment of Special Assessment Bonda. The amount of assessments herein levied against the property specially benefited within the North Section, in the total amount of $31,818.22, together with the proceeds of the bond issue and not needed for the construction of the improvements, if any, and the amount of the assessments previously levied against the p:.op rty within the South Section in the District, will ~ in an amount sufficient for the payment of the outstanding bonds iuued for Paving District No. 26, dated June 1, 1980, in the principal amount of $100,600. Section 7. Severability. That if any one or more sections or parts of this Ordinance shall be adjudged unenforce- able or invalid, such judgment shall not affect, iapair or in- validate the remaining provisions of this Ordinance, it being the intention that the various provisions hereof are severable. 4 - I • • - • • • • • Section 8. Emergency Provision. By reason of the fact that bonds of Paving District No. 26 are now outstanding and that interest thereon has become due and payable, funds must be made available from asseasments at the earliest possible date for payment of such interest, and for the immediate preservation of the public property, heal th, peace and safety, it is hereby declared that an emergency exists and that this Ordinance shall take effect upon its final passage. Section 9. Repealer. All ordinances, or parts thereof, in conflict herewith are hereby repealed. Section 10. Hearing. In accordance with the City Charter and the Municipal Code of the City, the City Council shall hold a public hearing on this ordinance, before final passage at 7:30 P.M. or at such later time on December 6, 1982, as Council is able to hear it in its normal course. Section 11. Publication and Effective Date. This Ordinance, after its final pasaage, ahall be nU111bered and record- ed, and the adoption and publication shall be authenticated by the signature of the Mayor and the Director of Pinance, ex-officio City Clerk-Treasurer, and by the Certificate of Publication. Thia ordinance shall take effect iaaediately upon final pasaage and ahall be published within aeven days thereof. Introduced, read in full, and pass don first r ding on th 15th day of November, 1982. Publis h d as Nov mber , 19 8 2. Bill for an Ordin nee on th 17th day of -5- I • • - • • • • • Read by titl e and passed on final reading on the 6th day of December, 1982. Published by title as Ordinance No. 1/f , Series of 1982, on the 8th day of December, 1982. Eugene L. Otis, Mayor Attest: ex officio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify the above and fore- going is a true, accurate and complete copy of the Ordinance passed on final reading and published by title as Ordinance No._.!f..g__, Series of 1982. Gary R. Higbee -6- • I • • n • - • • 1 ,11,, C I , NOlll:!11&~ c.u ' l NMlfi ANI> AOOIIW .. ... -.._,,_ ' 197 1 33 2 00 001 Part of NW 11, of NW 11, soc 33 $4,839.83 Charter Pogo, Inc. doac •• bug at SW cor, thoncu l Roy £. Galley N 570 ft, Th E JO ft LO truo 2700 s . Zuni St. POB,Th E 320 ft, Th N ,c;o ft, Th P.O. nox 12~8 W 320 f~ •• Th I 460 Ct Lu pl of J::nglawoo<.I, ro OOllO wg 33-4-68 2 un Jl 2 oo ooi Dog 230 ft N, 30 ft E of SW $4,053.82 /\ll -icMI IIClttlinv Q), cor Inf l/4 NW l/41 Th N 340 ft1 3 c/o ·rort ... n, Little , Th E 420 ft1 Th I S70 ft; Th If s~roon AVo . 242 ft 1 Th N 230 ft 1 Th W 178 ft l to bog ox S 60 ft for rd ll-4-61 Now . Yo.rk, •11. Y. 10022 •1· -• .. '. F.n gloVOOd, Ci ty of Bog 60 ft N, 192 ft C of SW $ 266.07 3'00 S. Elati cor NW 1/4 NW l/4 Soc ll-4-68 s EngloVOOd, co 80110 Th N 69.0 ft 1 Th W 11,S ft1 Th N 100.2 ft ; Th & 97.S ft1 Th S 170 ft; Th W 16 ft to be9 ll-4-68 ... ' .. .1,11 ll 2 00 006 .. , 230 ft N 6 JO ft E of IW COi' $1,227.38 lleyn1e, a.ilph I':. ' NW 1/4 NW 1/4 lee ll-,-61 1 Th£ 1 Jeannino s . 00.5 ft1 Th I 100 .2 ft1 Th~ 222S &. Juli an St . 11.s ft, Th s ,,.a ft, Th w 1,2 Donvor, c o 10219 ft1 Th N 170 ft to IH'g ex w 5.5 ft Sec ll-4-H 1971 ll 2 05 ,009 162 1 Yalo-Tejoo Il11111at.rial $2,674.42 -Cb&r~ ••to, Inc. : Parll ' llatkiD 'co. , llr . Nb.I.to 2UO I. IWli St. II ~l.-od, co 10110 -.. 10 1971 ll 2 07 001 1 l Viata UU , 2114 Flt $2,267.30 11 .JloMni.11, llet&lo ~360 w. lletoa Avenue l:n9lawoocl, CO 10110 1171 ll 2 07 002 2 1 Viau llte, 2Dd Plt $2,289.22 12 ao-n, o1olul ,. ' Cr.I.a Ann, JT Ton 2100 ... 11&111 It . ~-., . "'° ... ,. .. 1'71 ll 2 07 003 l Tra ct l, Viata Hta, •nu $2,180.55 I 13 Piant, W.ldo s., 1'19 . Ourhaa, P.A . 4634 W. Tuft• Cir """-· = an ,u • h,~ ll 2 07 oo, • u l VJ.ate 111:a, ,,,.. r19 • f.i:,Da>D,.IU P..-n,A.O. ,. llll Hillai d o rl Li ttleton, co IOUl I • • .. . ... E -XH ;i,r A . • • - ,. f . . . , .... ~-,. M0 .... 11,, '".-·"'···CO\\! Ul~.lUl'IKJN Uf l'Nurt.Nl'f' 1971 33 i 08 001 Blair , W. Donald~ Barbara J . , Jl' l'un 3000 s . Zuni St . &n lowood, co UOllO 1971 33 2 Od OOJ Blair, Donald, 114rbara J., JT Ten JU~ &, Zuni &t. wood 801 0 '• "" - 1-2 Vuta Uta, 2nd FlCjl. 7 'l'roct. l, vu,Lo lU.a., ;ta\J Fl9. 7 4-7 Viata Hta, 2nd Fl9, &vv•r, Marvin r . 2397 w. D&rta0uth Avenue .tn lewoocl co 80110 5 .• \, - 6 .. ·c;,;~ , .. . .10 . ...--·· It .. ,_.. ... '\'" :·~:··· ....... :. . 12 ... ~:. .. 13 14 .. .. j • • • • $3,064.47 $2,224.85 $3,872.01 • I • • • r I • • • • MINUTES OF ENGLEWOOD HOUSING AUTHORITY REGULAR MEETING July 28, 1982 5 The regular meeting of the Englewood Housing Authority was called to order by Chairman Thomas J. Burns at 5:25 P.M. at the Simon Center, 3333 South Lincoln, Englewood, Colorado. Roll Call Members Present: Members Absent: Others Present: Thomas J. Burns, Chairman Betty Beier, Vice Chairman Beverly Bradshaw Bill Frasier Cindy Peterson None Frances Buck Jonas, Executive Director Linda A. Knopinski, Housing Administrator Carl Fischer, Inspecting Architect Tom Chandler, Nelson Roth of Colorado, Inc. Kathy Allin, Attorney, EHA David Altenhoffen, Architect for Nelson Roth Jack Buschman, Nelaon & Co., Inc. Barbara Edgar, Recording Secretary There was a tour of Orchard Place and two of the duplexes prior to the meeting at 4:30 P.M. Reading and Approval of Minutes Minutes of the last meeting, June 23 , 1982, had not been transcribed because of the secretary of Housing vacancy. Public Housing Project -Construction Report The status of the duplexes was diacussed briefly. Kr. Burns stated he apoke to Al Van Demark and waa told they are on achedule. Mra. Jona, stated that construction 11 going smoothly; no change order procesaed yet. Di1cus1ion ensued, Orchard Place -Leakage Problem Mr. Burn, aaked for th atatua of tha water laakaa• problem. Reference waa made to the lettera in packet, from Kathy Allin, attorney, reaarding th bond that 11 auppoaed to cover any mechanic, lien, filed againat th buildina. Mra. Jona, atated the bondina company doaa not bond aaainat liana filed by Brady; only protacta againat aubcontractor'a lisns and doaa not cover Nelaon Roth not payina Brady. Mr. Chandler aaye ha haa a bond from Brady that'• aaaianad to th Houaina Authority that covers that. Ma, Allin 11 aotna to review bondin& quaation • • I • • -• • • Mr. Chandler said he offered to give Brady all the money that they owe, if Brady would put up a letter of credit but he refused to do so. Mr. Chandler feels Nelson Roth is caught in the middle and they did not create the problem. He said they are going to pay Brady some more money next week and if it comes to a big problem, Mr. Chandler told their attorney, Bob Mayers he would take the $118,000 and escrow it with the courts. Brady didn't want to do that either, so now Nelson Roth is in the process of finding out what Brad y does want to do. Hr. Chandler stated they paid Brady Corporation $256,000 last week and until the water leakage problem is solv ed he will hold back the $118,000., which covers the amount of the warranty letter of credit. Mr. Chandler reported that Brady says gutters are not needed. The first estimate at the beginning of construction was $3 ,000 and the most recent was $6,000 to install gutters. Mr. Chandler wants an unintereated third party opinion from an architect to see if the leakage problem has been corrected and if it has not, what needs to be done to solve it. He is requesting proposals for a study. The study will cost a couple thousand dollars which Neslon Roth will pay for but can't have recommendations by August 16th deadline, set by EHA attorney for resolution of the problem. Mr. Burns asked how long it will take to complete study. Mr. Chandler responded "Santagelo said 100 hours of work time, 20 to 30 days from time he was give the go ahead." Mr. Chandler stated if gutters are needed they can be put up in one week, but he does not feel it is a gutter problem. Mr. Chandler aaid if Brady puta a lien on $118,000 which Nelson-Roth has retained. lien off the building is deposit either• caah for the court. the building all he can lien for is All he has to do to transfer the letter of credit or a bond or the Mr. Burns asked if Mr. Chandler needed 20 to 30 days to get the reports and was told he expects proposals in one weak and will know then when to expect the report. Hr. Carl Fischer stated that he and RUD feel that gutters are n ded even though it aay not completely solve the problea. He stated that th building being constructed from concrete block, will have expansion and contraction which wi ll op n up some joints. His reason for saying ve n d auttera i• because w ar etting a lot of water that caacades down off of the aatal roof and th id a is to reduce the amount of water that coaas down that wall . If there had b n uttera, it would have prevented a lot of the probleaa have had so far. Hr, Fischer stated he and Hrs. Jonas took pictures of th building fro• a ch rry picker and the joints had not b en properly tooled. If the joints hav b en caulked, then Hr. Fischer feels an boneat effort has b n aade by Brady Corporation to corr ct this. Kr. Chandler said three a parate it• hav not be don according to plana d p cificetione, Hrs. Bir stat d th t utters uld lp prot ct t pain nd Hr, Piech r etated if utter, w.re up, th .,jor portion of lMter WO\lld b divert d and 1 11 probl of water cOllina throuah the valla causin da to carpeta d alh, -2- • I • • - • • • - ~ BEVERLY B~SHAW MOVED AND CINDY PETERSON SECONDED THE MOTION TO REVIEW THE RECOMMENDATIONS THAT MR. CHANDLER WOULD BE RECEIVING FROM THE ARCHITECTS HE CONTACTED AT THE NEXT REGULAR MEETING AUGUST 25th. THE MOTION CARRIED AS FOLLOWS: AYES: NAYES: ABSENT: BURNS, BEIER, BRADSHAW, FRASIER, PETERSON NONE NONE Mr . Chandler stated he could not promise to have the study done by the 25th of August but he is progressing on it as fast as he can and he will send the results to Carl Fischer to review before the next meeting if possible. Mr. Chandler stated that Brady Corporation baa an open invitation to attend the meetings but refused to come. Kr . Chandler, Kr . Altenboffen and Jack Bus chmann left at 6:00 p.m. Operating Budget Mrs. Jonas stated that ahe went to a HUD training session last week and is now completely revising the budget baaed on HUD'a new regulations. Minimum Development Coat Report Mrs. Jonas said Minimum Development Coat Report has not been typed but will be and then sent out. Resolution Establishing a Procurement Policy Mrs. Knopinski said Resolution 14 was approved at the June 2nd meeting at which time we didn't have a copy of the resolution with ua. Resolution 14 was submitted for signature and signed by Thomas Burns and Frances B. Jonas. There was a abort break for dinner at 6:00 P.K. Housing Mana gemen t Training -National Center of Housing Management Mrs. Knopinski gave report on the Public Housing Manager Certification training she had attended two weeks aao and stated it was an excellent course . She d istributed handouts from training and said 90% of the training wa s on prob - lem solving. Rehabilitation Proaram Mrs. Jonas stated construction peopl have gotten really piled under rec ntly ao w 're holding off for a little while before process any more applications. HUD CDBG Audit Accepantanc Letter Kr a. Jonas stated the racently coapleted audit was the final audit for clos ou t of the 1979 CD grant. $4,SOO baa been retained because ve didn't knov what t h audit was goin to coat. HUD sent a letter instructing th City to return th aoney if it was not 101n1 to be uHd. Mrs. Jooaa told HUD it was b in& ua d to pay off tha audit and vhataver as left would ba aaa1&n d to• curr nt -3- • I • • -• • - case. Mrs. Jonas talked to the Finance Department today to find out what the audit cost and we will get it next week. No audit was done on DRCOC CD grant so HUD is going to come out and do their own financial review of that. Mrs. Jonas feels good because she went for CDBG leveraging training and there are new monitoring requirements now and everybody is getting all kinds of findings on their CDBG program and we have no finding s on the two granLs. Rehabilitation Program -Status Report Mrs. Jonas discussed the financial status report and stated the problem with the city money and state money is that all we can give in grants is $3,000 and it is difficult to do all the life safety items in one house for $3,000. RLC Resignation Letter -Cindy Peterson Mr. Burns praised Cindy Peterson for her service on that committee and stated Tom Dinkel praised Cindy for her work also. Mr. Fischer left the meeting at 7:30 P.M. Report on State Administration of CDBG Program Mrs. Jonas stated the state had their hearings on whether they should take over the CDBG program and also on the suggested guidelines and the guidelines that she sent out a month or so ago still hold. The Governor is supposed to notify HUD by the end of July whether the state will take over and she thinks it's a foregone conclusion that they will. In the fall, they will have training sessions on how to do the applications for the '83 money and those will be held in Durango and Brush. Mrs. Jonas stated that HUD still has not printed the '82 HUD Administrat ive Regs and it could be sometime next year before that comes out and before we can apply for '82 money. We will probably get '83 state money before we get '82 CD HUD money. Mrs. Jonas hopes that we are able to apply and get money from somewhere fast because these other grants do not have administrative money and Janet Grimmet and Kathy Reeves are paid entirely out of the CD grant. They ar not ci ty employees and they cannot stay on when there is no more administration money which runs out in February. Section 8 Existing -Status Report Mrs. Jonas stat d that the new fair market renta should have been published in March but because HUD is involv d 1n modifyina th program and turning it into what used to b called vouchers, and ia now called modified Section 8, they have not gone ahead and printed n w fair aarket rents. Markt rents hav continued to go up and we are still working at the old l vel. Simon Center -Status Report Mrs. Knopinaki stated we are running into so a.any probl ... from tenants or proapective tenants diapoaing of aaaeta for the sole reason of qualifying or -4- • I • • • • • lowering their "family contribution" for our housing programs. The Disposition of Assets Policy should be incorporated into the application for initial occupancy and for recertification. (The copy of the proposed policy was distributed amongest those present). Mrs. Knopinski feels this is needed because of the games people play in order to qualify for assistance. Mr. Burns is also bothered by this situation because he knows of people who have turned their assets over to their children and the children use it to live on and prosper themselves and then abdicate any responsibility for caring for the parent and the parent comes in for assistance which then the taxpayer pays for. Mrs. Knopinski feels the most difficult thing will be to show the intent of the applicant. l'l>TION BEVERLY BRADSHAW MOVED AND BILL FRASIER SECONDED THE MOTION TO AMEND THE ADMISSIONS AND CONTINUED OCCUPANCY POLICIES TO INCLUDE WHAT IS SUGG ESTED IN THE DISPOSITION OF ASSETS POLICY. THE K)TION CARRIED AS FOLLOWS: AYES: NAYS: ABSENT: BURNS, BEIR, BRADSHAW, FRASIER, PETERSON NONE NONE Director's Choice -Correspondence Regarding Attorney Mrs. Jonas stated that Kathy Allin did send a contract from Kevin Haight's office stating that she would work for us for $50.00 per hour. Executive Director Performance Evaluation Material Mrs. Jonas stated that for some time the Board haa been askin for Evaluation Material and she referred to a form included in packet , which could b used to evaluate the Executive Director. Mr. Burns stated that this caae up at the Coalli.aaioner 'a Conferenc in San Antonio last year and they strongly recomaend that we have ev luation pro- c dures. Especially useful when you have a problem with your Executive Director . Mrs. Jonas stated she wou ld like the Board to look it over and co or aake additions or deletions. nt on it Mra. Peterson stated after lookin it over that it brouaht qu ations to her mind that aha feels aha should know the ans rs to and 10 ah feel, th evalu- ation form would be helpful. Mra. Bradshaw atatad that if anyon had probl with th fora they should get the chan ea to Mra. Jona, bafor th n xt .. ating so aha could distribute th• and they could be filled out and a tiaa sat for the evaluation to be discua aianation of HUD R &ional Adainiatrator Mra. Jona, reported that Brue Sh pard had r 11.&nlld th po 1tion of Re ional Adminiatrator of HUD and Crady Franklin Haplaa has b n appoint d A tin Jo l Adainiatrator. Th r bain nothin furth r to di u11, th .. •tin& djou -~- • at 8:10 P,M. d. I • • • • • • MINUTES OF ENGLEWOOD HOUSING AUTHORITY REGULAR METING August 25, 1982 The regular meeting of the Englewood Housing Authority was called to order by Chairman Thomas J. Burns at 5:45 P.M. at the Simon Center, 3333 South Lincoln, Englewood, Colorado. Roll Call Members Present: Members Abaent: Others Present: Thomas J. Burns, Chairman Betty Beier, Vice Chairman (arrived at 5:50 P.M.) Beverly Bradshaw William Frasier Cindy Peterson None Frances Buck Jonas, Executive Director Carl Fischer, Inspecting Architect Kathy Allin, EHA Attorney Jack Buschmann, Nelson & Company, Inc. Al Van Demark, Technical Services Supervisor Barbara Edgar, Recording Secretary There was a tour of the duplexes prior to the meeting at 4:00 P.K . Reading and Approval of Minutes A The ainutea of the special aeeting of March 12, 1982, regarding a resolution authorizing execution of Annual Contributions Contracts and issuance of project loana and permanent notes were considered for approval. !fil.!Q! BEVERLY BR.ADSHAW KIVED AND CINDY PETERSON SECONDED THE KITION TO APPROVE THE MINUTES OF THE SPECIAL MEETING OF MARCH 12, 1982, AS WllITTEN. THE MOTION CAR.11.IED AS FOLLOWS: AYES: NAYS: ABSENT: BURNS, BEIER, BRADSHAW, FRASIER, PETEJlSON NONE ONE The ainutea of the reachedul d regular aeetina of June 2, 1982 re conaid red for approval. Cindy Pet raon atated on paae 3 there waa a 110tion to ch nae the Policy on Security to lehab loa.na to allow 3rd and 4th d eda of truat aa outlin d 1n 11eaoundu . Th aoard •are d that the ainutee should reflect that th policy includ th wordina "An'D. D!ED OF llUST AS SECUIITY SO LOO AS TH TOTAL OF ALL ENCUMBRANCES DOS NOT EXCEED 80% or TH APPIAISED VALU OF TH! PROP!llTY." • I • • • • - ~ CINDY PETERSON MOVED AND BEVERLY BRADSHAW SECONDED THE MOTION TO APPROVE THE MINUTES OF THE RESCHEDULED REGULAR MEETING OF JUNE 2, 1982, AS AMENDED . THE MOTION CARRIED AS FOLLOWS: AYES: NAYS: ABSENT: BURNS, BEIER, BRADSHAW, FRASIER, PETERSON NONE NONE Public Housing Projects Mr. Burns stated that they spoke to members of the crew on duplex sites about the drainage on all the sites. Carl Fischer stated he is also concerned about the drainage on all the sites. Discussion ensued regarding specific drainage problems. The problem of fitting the required number of vehicles in the parking areas was discussed. Mr. Buschmann said Dave Altenhoffen, Nelson-Roth's architect, will be notified on Monday of the problems that were discussed. He said they will come up with a solution to improve the drainage probleaa. Mr. Fischer stated that there is a concerned neighbor on the north of the Lincoln site because the sidewalk drops off with only having one step and we are a foot above grade on the north side. Mr. Buschmann said he will take a look at it. Several items were pointed out that need to be corrected and Mr. Buschmann aaid they do a walk through before the ERA does a walk through and these things would be taken care of. Mrs. Jonas stated that on the Inca site, the wall in the laundry is noticeably off square and remembers that was brought up in the framing stage and nothing has ever been done about it and now it is all finished up and painted. Mr. Fischer stated he mantioned it in his reports to Marty way back that he go through it with a level and it was ignored. Mr. VanDeaark said several of the duplexes are 3/4 of an inch off on two foot with a square. Lincoln Street duplex has a stain on the roof from paint stated Hr. Fischer. Al VanDemark stated the owner of the townhouse vast of the Vassar site said the workers have used a lot of his water and wants to be compensated for it. Mr. Buschmann stated if we have problems of this nature direct them to him as they should not be our problems. Mr. Fischer said on Lincoln Street they had a handicapped pickup parking area in the fron that has been eliminated. Ther ia good access off the alley at the back, and they can be picked up ther • Mrs. Jonas stated aha racaiv d a latter from TOll Chandler saying ha intended to b done with the duplexes on the 10th of September and wanted to cloa on the 20th. Sha f ls it ia doubtful, how ver, aha sublllittad a resolution to authorize purcha a of the duplexes to be signed once everyone accepted the buildin , in caa n ed to close before we have another .. atina. A aotion ia n d d to authorize th chainaan and the secretary to sign this resolution authorizina the purchas of th property once earl Piachar, HUD aian off on it. -2- • D I • • • • • MOTION BETTY BEIER MOVED AND CINDY PETERSON SECONDED THE MOTION AUTHORIZING THE CHAIRMAN AND SECRETARY TO SIGN THE RESOLUTION AUTHORIZING THE PURCHASE OF PROJECT I/CO 48-3 WHEN IT'S APPROPRIATE. THE MOTION CARRIED AS FOLLOWS: AYES: NAYS: BURNS, BEIER, PETERSON, FRASIER, BRADSHAW NONE ABSENT: NOEN Mr. Jack Buschmann presented closing documents to members of the board and Kathy Allin to look over and if they have any questions to get back with him. Their target date for closing is the 20th and they will schedule a walk through 3 or 4 days before closing. Mrs. Jonas stated HUD will probably want a week to go over all the papers and approve things. Mrs. Jonas also asked how the bonding of the 7~ bond in case of a lien being filed is being handled. Mr. Buschmann said the letter of credit is for 6 months and if there ls no lien action in the first 4 months then it is returned. The work is under warranty for a year. He also reminded the board to take the necessary steps to have the money available in time. Cindy Peterson asked for staus of the eviction at Orchard Place. Frances Jonas stated the tenant was moving out today and has until tomorrow morning to vacate. Mrs. Jonas stated he is handicapped and did not keep his apartment clean. The Fire Marshall wrote a report as to what a danger he was so the court ordered the eviction. Kathy Allin stated she believe it was the 23rd of August that he was given the notice to evict and be moved out on the 26th. Status of Water Leakage Problem Mr. Burns referred to a letter included in the packet from Tom Chandler stating he would not have a c ompleted analysia of the leakage problaa until September 10th and requesting an extension of the deadline for resolution of the problem. Kathy Allin stated one concern about the deadline was that Brady Corporation has filed a lien and they will have to file complaint on that lien to preserve their right and she thinks September 20th ia the cutoff for filing their complaint. She is concerned about getting it taken care of before having to get into a law- suit. She talked to Mike Miller, Nelson Roth'• attorney, who has spoken with Brady Corporation's attorney who has at least orally agreed to hold off as long as possible on the complaint. Kr. Burns stated he feels we have to recognize the report won't be ready by September, and this does not alter the developer's responsibility for the co rrection of the problem. Cindy Peterson asked if additional coats are incurred through litigation if it comes to that point, will the coat be picked by by Nelson Roth. Kathy Allin sta ted yea and aha is specifying in her bills to the Housing Authority what ia the Orchard Place problem and what part of the bill should be forwarded on to Nelson Roth. Mrs. Jonas stated we have not had•• auch of a problea with the water aeepina in recently but it ia still enouah to be a real inconveni nee to the tenants. Operatina ludaet Fran ea Jonas stated aha faala a work aaaaion should be sch dul d. Thia ia th first public houaina budaet that the !nalavood Houaina Authority will adopt -3- • I • • ........ • • • - a nd it's quite extensive and complicated. Mrs. Jonas will expla i n the whole budget. A special meeting should be scheduled as action will have to be taken. Mr. Burns asked if we have to publish notice for special meetings . Mrs . Jona s s tated that all we have ever done is made sure the Board was notified and ha ve e ach member sign the statement. Mrs. Jonas said she will resea rch ancl if she is uncertain have Kathy Allin look into it. Time for the Spe c ial Meeting was set for 5:00 p.m., September 8, 1982 at Simon Center. Jack Buschmatnstated there were some questions regarding the air hand l ers a nd hallways in Orchard Place, stating they were not cool enough. Tom Ch and l er talked to Rod Dornbusch of Brady and they checked it out and Mr. Bu s chmann submitted a letter from Kr. Dornbusch to Kr. Chandler. The mechanical contractor s aid the purpose of these air handlers is to replenish air taken out of t h e building by kitchen and bathroom exhaust fans and is not meant t o cool the entire building. Brady states that the system has been balanced a ccord ing to s pecs and if you did want to change the air flow to increase possi ble cooling yo u would void the warranty. Mrs. Jonas asked what do th e s wamp c oole r s ~col and where does the air come out. Kr. Buschmann said he doesn't know bu t will find ou t. Mr. Burns stated there ia no air circulating at all in the common areas a nd it is very uncomfortable. Kr. Buachmann atated he will refer probl em to Mr . Dornbuach. The swamp c oolers at Simon Center cool the hal ls and conunu nity a r e as stated Mrs. Jonas. Kr. Carl Fiacher stated he disagreed that c hanging t he speed on these units would void the warranty. Mr. Buschmann s tated n o t having seen the warranty he could not say one way or the other . Mrs . Jonas a s ked for Mr. VanDemark to have the Maintenance Supervisor g i ve her a copy of the wa r ranty . Kathy Allin and Jack Buschmann left the meeting at 6:36 p .m. Mi nimum Developmen t Cost Report Mr s. J onas diacuased the Minimum Development Coat Repo rt fo r Or c hard Place that wa s submitted to HUD . The r e was a bre a k for dinne r a t 6 :45 p .m . Report on Status of App licat ion Pr oceaa f or CDBC Programs Mrs. Jonas talked to CD representative at HUD an d t hey anticipate the workshop on doing the application for the '82 grant will be the 15th and 16th of September. The applications are due by the first of Nov ember and the money will be committed by the first of January. The City plana to submit an application for a Compre- h naive grant to include $300,000 for the Housing Rehabilitation program. We will alao be doing an application for State CD grant for '83 ao .. ti the last part of this year also. House Moving Prog ram Propo al Mr. VanDemark diacuaaed a proposal to aov e houaea fro develop .. nt er aa onto lota in Englewood, Rehab them and then sell thea at a coat lower than th going rket rate to people who could not affo r d to buy a ho .. otherw ise. A .. •ting ia at up for next we k with the Firat Denver Nortaaa• Company and thy hav indicated they would be willina to finance ua . Throuah the mart a comp ny, th applicants would be prequalified and they wou ld loan 97% of the apprai d valuation of the houae. The houaea would all have to confona to new hou codea. (4) • I • • • • • The mortgage company would go out and look at the site and the build i ng you anticipate moving on to it and od an appraisal on both of them. Mr. Frasier voiced concern as to whether the walls would have to be removed for new wiring and plumbing. Mr. VanDemark stated that they would fish the wire through the walls so there was no need for removal for electrical repair. Mr. Frasier also stated concern as to who would be able to qualify in today's mortgage market unless we can find some way to subsidize. Mrs. Jonas stated that she is looking at putting money for a subsidy into the State grant appli- cation. Mr. Frasier stated he would like to experiment with one home to establish what the costs might be and we would do the interim financing ourselves so we could sit on it if need be. Mr. Frasier stated that Capitol Federal did a survey and that the rent in Denver will increase from 40 to 80% in the metropolitan area over the next 24 months. Mr. Burns asked that Al VanDemark choose a house and have bids submitted and have costs together by September 8th Special Meeting . Section 8 Existing Report Mrs. Jonas stated that Pat Hart resigned as Housing Manager. Mrs. Knopinski is working on this program at the Simon Center Office while this position is vacant. Mrs. Jonas stated that they are not sure at this point if the drop in leases is because of a Fair Market Rent problem or whether the work wasn't done . Mrs. Jonas reco111111ends leaving the City Housing Manager position vacant and hold it as an option and for the time being create and fill an Englewood Housing Authority position of Program Specialist to run the Section 8 program, then upgrade Orchard Place and Simon Center positions from Management Aides to Program Specialists and those three positions would answer directly to the Housing Administrator. The coat would be about $150.00 more a month. Mrs . Jonas stated she received a phone call from HUD inviting us to apply for 28 more units of existing housing, 14 more l bedroom units and 14 more 2 bedroom units and it has to be in right away as they have to reserve the funds by October lat. Mra, Jonas stated she and Mrs. Knopinski will investigate to see if we have a need for more units and will advise the Board on September 8th at the Special meeting and act on that at that .. eting. Bev Bradshaw asked how long the waiting liat is and Mrs. Jonas aaid ahe doesn't have an update on that yet. Executive Director Performance Evaluation Foriaat Betty Beier auggeated aoae changes that were agreed upon by all comniasioners. Form ia to be retyped with corrections and to be presented at the next regular meeting. Coamdaaioner'a Choice -Thomas Burns' MellO Reaardin& NAHRO Commiasionera Conf r nee Mr. Burns etated 111,1ny positive things caae out at this conference, In housing manag nt, when cutbacks had to be iapl ... nted they found .. ny wa ye to beco .. more efficient and really cut coats by centrali&in& vork, centralized Mint nance. Maaa chu tta ia ah ad of other atatea in aaauaina state reapoa.ibility. Mra. ei r interrupted with the atate .. nt that ah would lite to ao of th old cbool uildinaa in Enalevood converted to condoaiDUIIII end stated on cool bulld1 in nver ii bein& converted to condo • Kra. Jo a1 stat d th t baa al y1 .U V~rlt 1 1 dreaa, -5- ·-~-~~- I • • - • • • • Mr . Burns stated HUD has issued mandatory guidelines for underwriters fo r t he i r new commissioners' group policy. Mr. Burns asked Mrs. J ona s if she ha d received the package on Legal Issues and Liabilities from NAHRO which s he answered no. The commissioners were cautioned to request written con- f irmation from the underwriter if they are being told that the pol i cy of t he c ity in which they are located covers Housing Authority Conunissione rs . Mr. Burns asked Kathy Allin to see if Housing Authorities are subject t o the Government Immunities Act. Bev Bradshaw stated she would like it recorded in the minutes if she was absent due to a school function. Hrs. Beier asked if Cindy Petaraon was replaced on the loan collllllittee a s yet. Hr. Burns stated no. There being nothing further to discuss. the .. eting adjourned at 9:10 P .M. -6- • I • • • • - MIN UTES OF ENGLEWOOD HOUSING AUTHORITY SPECIAL MEETING September 9, 1982 The special meeting of the Englewood Housing Authority was called to orde r by Chairman Thomas J. Burns at 5:25 P.H. at the Orchard Place, 3425 s. Sherman, Englewood, Colorado. Roll Call Members Present: Members Absent: Others Present : Thomas J. Burns, Chairman Betty Beier, Vice Chairman Beverly Bradshaw Cindy Peterson William Frasier None Frances Buck Jonas, Executive Director Linda A. Knopinski, Housing Administrator Barbara Edgar, Recording Secretary Frances Buck Jonas presented A Notice of Special Meeting and a Waiv er of Regular Notice and Consent to Special Meeting for signatures of the Board members. Mrs. Jonas stated she did research in the bylaws and referred to copies included in the Board packets and there is no reference made to publishing notice for special meetings. Section 8 Existing-Application for 28 Units Linda Knopinski stated we have been notified by HUD that we can apply for 28 units, 14 one bedroom and 14 two bedrooms. She stated we needed action taken on whether we want to app ly for these additional 28 units and f ls confident that w would be able to lease these. Mrs. Jonas stated it would give us a total of 165 units. Initially, w might have to hav some temporary help and there are preliminary funds in the budget that we can draw on. Cindy Peteraon asked how the Fair Market Renta look. Mrs. Knopinski stat d that Pat Hart, former Housing Hana r, w a not uaing an Annual Adjustm nt Factor, a factor w can us annually to incr aa the rent on th renewed leaa a. We ar still luaina at the Fair Market R nt nd Mrs. Knopinski feela w should apply for the 28 unita. If w can't lease them, w can turn thS111 back. ~ BEV BRADSHAW HOVEO ANO BETTY BEIER SECONDED TR! HOTION TO AUTltORlZ E Tl BURNS TO SIGN THE APPLICATION FOR TR! 28 UNITS. I • • - • AYES: NAYS: ABSENT: • • - BURNS , BE IER , PETERSON, FRASIER, BRADSHAW NONE NONE Mrs. Knopinski made an appointment to meet with Mr. Burns Thu rsd ay , September 9th, at 4:00 to sign the application for the 28 units. Bev Bradshaw stated she would be unable to attend the October and December meetings due to school schedules. Cindy Peterson also stated she would be unable to attend October, November and possibly December's meeting. Mr s . Jonas stated that Mr . Burns and herself would be in Boston attending the NARRO Convention Octover 27th, so the October meeting was rescheduled for October 20th. The No vember and December meeting dates remained as s c hedu led . Rehabilitation-House Moving Proposal Mrs. Jonas stated Mr. VanDemark was on vacation and was unable to make his presentation but she had an estimate that Mr. VanDemark asked her t o p resent for consideration. The f irst column of figures is bys General Contr a ctor who works with the house mover and this is what his expense s wou l d be. The second column of figure s is if Mr. VanDemark acts a s Genera l Con tractor for the Housing Authority and these are bids he received from subcontractors that have worked for the Rehab program. They are not set bids , just estimates. Mrs. Jonas pointed out that there is a considerable difference $27 ,321 from the house movers general c ontractor and $15,556 if Al VanDemark is general contrac tor. The house i s a 2 bedroom home wi th a ful l basement pl a ced on an $18,000 lot, cost for structure and move totalling $57,056 if Mr. VanDema r k i s general contractor. Mr. VanDemark feel s there is no r i s k on ou r part, a s the applicant would be prequl ified by the mortgage i ns titu tion s who would a s sume the respon s ibili t y and the l ending i nstitution wou ld do the appraisal i n advance o f the move . Sourc e o f mortgage c ould be the Fir st Den ver Mortgage Compan y o r the West Amer i ca Mortgage Compa ny own ed by We stern Federal. We s tern Federa l wi ll me e t wi t h us t he wee k of the 20th and they can go 13% FHA, VA, Con ven tio na l financin or 12 3/4% CH FA program. Board membe r s voiced concern regarding eatimat s of cost r ardin plumbing , fla twork, etc. Mr. Burns aid h felt they w re unable to take any actio at this ti and would have to diacuaa it further at t Scheduled meeting. ~ BEVERLY BRADSHAW MOVED ANO CINDY PET£RS0 SECO ED THE ~I DISCUSSION UNTIL THE RtGIJLAR SCHEDULED MUTI CO SEPT!KB AYES: AYS: ABSENT: BRADSHAW, BEIER, PETERSON, FRASIEI , BUJlNS ON NON on th a proposal pt r Re ular THIS I • • • • - Public Housing-Study Session on Budget Frances Budk Jonas proceeded to instruct the Board on how to deve lop a HUD Operating Budget. Discussion ensued. Mr. Frasier left the meeting at 6:30 p.m. There was a break for dinner at 6:30 p.m. Resolution Approving Orchard Place Initial Operating Budget Mrs. Jonas presented Resolution No. 18 for the Board to approve. MOTION CINDAY PETERSON MOVED AND BEVERLY BRADSHAW SECONDED THE MOTION TO PASS RESOLUTION #18, SERIES OF 1982, WHICH APPROVES ORCHARD PLACE (PUBLIC HOUSING PROJECT #C048-2) INITIAL OPERATING BUDGET FOR FISCAS YEAR END ING DECEMBER 31, 1982. THE MOTION CARRIED AS FOLLOWS: AYES: NAYES: ABSENT: BURNS, BEIER, PETERSON, BRADSHAW NONE FRASIER Mrs. Jona s stated that Art Tonalli, head of architectural and engineering at HUD, was looking at the duplexes today and he said Nelson Roth s h ould put the gutters on Orchard Place before the end of September. If we do not have a report and nothing has been done, we should call the letter of c redit by a certain date. Mr. Frasier feels that when the snow falls and freezes and thaws we c ould have a worse problem. Th firm that Nelson Roth hired to do the analysis o f t h e water lea kag p roblem notified Frances Jonas that they would like to be called wheneve r we ha v a heavy rain aa they would like to c ome out at t hat t ime . The repor t is d ue th 10th of Septemb e r and as yet w hav n o t had ah avy rain. Mrs. Jonas s t ated the Duplex b udget will take effe ct th fir st of January, because if buy the b u ilding this month DOPA vill be the en d of this month and w will lease them up by December which will be EIOP. Hud mad an inspection today and does not feel the bu ilding is r eady for a final insp ction. It should be finish d before RUD will do a punchlist. Th money wi l l not be here until S pt mber 24th , if HUD approves treasury dvance. If thy don't, we won't h v ny money untll the s cond Tu sdoy in Nov mb r wh n the notes are sold. Mr a. Jonas stated there a r aerioua problem with th drainag • The City saya it will not paaa , Carl Fisch r agre a and HUD says it will not pasa . Diacuaaion ensu d. Ther bin nothin further to diacuaa , th meeting ad j ourn d at 8:45 p.m. • I • • • • MINUTES OF ENGLEWOOD HOUSING AUTHORITY REGULAR MEETING September 29. 1982 The regular meeting of the Englewood Housing Authority was called to order by Vice Chairman Betty Beier at 5:40 p.m. at Orchard Place, 3425 South Sherman, Englewood. Colorado. Roll Call Members Present: Members Absent: Others Present: Betty Beier. Vice Chairman Beverly Bradshaw William R. Frasier Thomas J. Burns, Chairman Cindy Peterson Frances Buck Jonas. Exectutive Director Linda A. Knopinski. Housing Administrator Carl Fischer. Inspecting Architect Kathy Allin. !HA Attorney Rod Dornbosch. Brady Corporation Loren Snyder. Brady Corporation David Altenhofen. Architect. Design Associates Thomas J. Chandler. Vice President. Nelson-Roth. Inc. There was a tour of the duplexes prior to the meeting at 4:00 P.M. Reading and Approval of Minutes The minutes of the regular meeting of July 28. 1982 were considered for ap proval. Mrs. Jonas stated that she had not r eviewe d the minutes and that there would be many change s. ~ BEVERLY BRADSHAW MOVED AND BILL FRASIEII. SECONDED TH.! t()TION TO TABLE THE MINUTES OF THE REGULAR MEETING OF JULY 28. 1982 UNTIL THE NEXT HEETI G. THE MOTION CARRIED AS FOLLOWS: AYES: NAYS: ABSENT: BEIER. BRADSHAW. FRASIER NONE BURNS, PETERSON Th minutes of the raaular meeting of Au&uat 2S. 1982 were conaid rd for approval . Hrs. Jonas stated that certain chana•• would hav to b made. Hra. Bair concurred with Mrs. Jonas and added that Mr. Burns h d f ound many items in need of correction. A I • • • • - MOTION BEVERLY BRADSHAW MOVED AND BILL FRASIER SECONDED THE MOTION TO TABLE THE MINUTES OF THE REGULAR MEETING OF AUGUST 25, 1982 UNTIL THE PROPER CORRECTIONS CAN BE YiADE. THE MOTION CARRIED AS FOLLOWS: AYES: BRADSHAW, BEIER, FRASIER NAYS: NONE ABSENT: BURNS, PETERSON The minutes of the regular meeting of September 9, 1982 were considered for approval. MOTION BEVERLY BRADSHAW MOVED AND BILL FRASIER SECONDED THE MOTION TO APPROVE THE MINUTES OF THE REGULAR MEETING OF SEPTEMBER 9, 1982, AS WRITTEN. THE MOTION CARRIED AS FOLLOWS: AYES: BRADSHAW, BEIER, FRASIER NAYS: NONE ABSENT: BURNS, PETERSON Public Housing Project CO 48-3 -Punch List Mrs. Jonas stated that the punch lists were basically informational. They had been prepared by Carl Fischer to let the board know what was being worked on. Mr, Chandler stated that they were waiting for Colorado Public Service to do the underground electrical on three sites. Hr. Chandler also stated that they were doing everything possible to get Public Service to the sites but had had no luck as yet. Hr. Chandler atated that he hoped that the final walk-through would take place on Thursday (October 7, 1982). Hr. Chandler also pointed out that it is imperative that the walk-through take place as soon as possibl b caus each dditional days delay is coating $270 in interest. Mr. Fischer s aid that he would be tied up in court the entire w k but would attempt to find a replacement for the walk-through. Mr. Chandler stated that 90% of the punch list iteaa have been done by Harty Wais, Project Sup rintend nt. Mr. Chandler also noted that Hart) Weis has aiade so minor corrections in order to obtain from th city the c rtificate o f occupancy. H th n add d that if the final walk-through was don on Thursday then HUD c ould insp ct and close as oon as all is approv d. Public Housing Project CO 48-3 -Status on Closing Mr . Chandler stat d that th Certificate of Coapletion 1 will go to HUD after the final walk-through. HUD will have to echedule an insp ction f t r it receiv a the C rtificate of Completion. Mr • Jona s r port d th t th sod on th sites is a probl , •• is th land capina, Sh alao .. ntioned the probl .. of puttin sod in very mall ar aa where it ai&ht not be clipp d. -2- • I • • -• • - Public Housing Project CO 48-3 -Preparation for Management Mrs. Jonas reported that 20 preliminary applications had been sent out t o the families on the top of the waiting list. She stated that it ma y b e possible to have the interviews and verifications completed in two week s . The interviews are being done in the prospective tenant's hom e t o se rv e Lit e tl u a l purpose of an interview and a home visit. They have been interviewing twic e as many applicants as there are vacancies to ensure that all vacancies are filled. The interviewers have also been stressing to the applicant s the importance of proper yard maintenance. Mr. Fischer asked who would maintain the yards of the handicapped. Mrs. Jonas responded that the management would maintain the lawns depending on who in the family is handicapped. Mrs. Jonas stated that most of the public housing policies will be the same for the duplexes as for the other project. Mrs. Jonas reported that the money from HUD was supposed t o arrive betwe en the 24th and 29th of September and that as of today it had not arrived. This is a problem because the money needs to be invested to offset some of the interest costs once the notes are sold. Mrs. Jona s speculated th a t HUD may be waiting to hear the closing date to send the money. Or chard Place -Status Report Mrs. Jonas stated that the handicapped unit vacated by eviction was s t ill vac ant . Or c hard Place -Status of Water Problem Mr s . Jonas stated that there was much water damage on the 7th f loor a s a resul ~ of the recent heavy rains . The report on investigations, o pin ions a nd reco111111endations concerning water conditions at Orchard Plac e perpared by Pahl , Pahl , Pah l , Ar c hitec ts and Planner s , wa s reviewed and discussed . ~r . Fischer's main con c ern wa s who wou ld pay for c ertain itema. He also questioned Mr. Pa hl ' designa tin g cer tain persons to r view the modifications . Mr. Cha n dler respond d that all had been taken care o f a t a me eting with Jo Pahl and Brady Corporation. He stated that Brady Corporation and Ne l s on -Roth have alr eady reach d an agr e nt on ever y thing that Mr. Pahl r eco111111ended at no additional cost to the Housing Authority. Hr . Chan dler atatad that b caus they had enga d a consultant tha t ther e is an obliga t ion to car ry out his recommendations. Mr. Chandler felt that t heaa rac o11111an dations could be carried out in 30-0 daya. H aaked the Board if th is wo uld be accepta ble. ~ BEVERLY BRADS HAW MOVED AND BI LL FRASI ER SECONDED THE M:>T I ON TO AUTHOR I ZE THE DEVELOPER AND BRADY CORPORATION TO GO AHEAD WITH THE 11.ECOHHENDAT IONS lN T REPORT SUBJECT TO THE FOLLOWI NG TWO CHANCES : l. The In1p ctina Architect wi ll be inc lud d i n It II , Paraara ph II. Th Mnd d paragraph wi ll r d "these aodificationa 1hould be d - 1ian d and d tail d by Mr. Bi be rly and revie d by t hi• office and the In1p ctin Ar chit ect". -3- • I • • - r • • • • 2. The last three word s will be stricken from Item 11, Paragra ph III. The words stricken are "and the owner". THE MOTION CARRIED AS FOLLOWS: AYES: NAYS: ABSENT: BRADSHAW, BEIER, FRASIER NONE BURNS, PETERSON Mr. Dornbusch stated that Pahl wants to remove the entire wall of the water damaged area. Mr, Dornbusch felt that this would be wasteful. He stated that it was feasible to remove the wet area of approximately 12" in order to minimize the meas. He also stated that they will stop tearing out the wall wherever it stops being wet. Mrs. Allin stated that she was assuming the lien will be removed because of the agreement to which Hr. Chandler had eluded. She also stated that it was her understanding that the complaint had never been filed. Mr. Chandler confirmed her assumption. Hr. Fiacher askad if there were plans to improve the balconies pursuant to Item VII. Hr. Chandler responded that those balconies with a negative slope will be topped with an epoxy topping compound. Kathy Allin, Rod Dornbusch, Loren Snyder, David Altenhofen and Thomas Chandler l eft the meeting at 6:10 P.M. There was a short break for dinner at 6:10 P.H. Public Housing Project CO 48-3 Hr. Fischer stated that he would like to add soae coaaents to his report of September 20, 1982 regarding the duplexes. He stated that in Item III the cabinet shelves appear to be 3/16" thick rather than the 3/8" that was reported. He questioned why the lowe r cabinet shelves were th inner than th upper cabinets. Regarding Itea VI Hr. Fischer stated that tha builders will complete this as soon as the concrete is dry (this was a recoaaendation to strip all the parking ar as). Hrs. Beier stated that this had not yet b n completed. Mr. Fisch r stated that certain other it ... ware not what waa expect d. He stated that until these items are corrected ha will not sign off. A discussion then ansuad regarding tha aforaaantionad probl ... of tha sod and land1caping. earl Fisch r left th meeting at 7:50 P.H. Orchard Place -HUD Letter Revising Rent Waiver Mra. 1Cnopin1ki raportad that aha had racaiv d a latter froa HUD raviaina th rent waiver previously granted to Orchard Place. Tha waiver wa1 oriainally granted because Orchard Place waa ao cloee to th cloaina dat that it •• thou ht that thay vould be using than w f1&urea. The new regulations r not what thy had anticipated and HUD raviaed ita v.iver. Cona qu ntly, all • I • • • • • tenants in Orchard Place must be recertified. The income figu r e will remain at 30%, however, the medical and other deductions must be calculated. At present it appears that most rents will decrease. Mrs. Jonas pointed out that the budget was based on the rents that they were receiving. The difference between the old rents and the adjusted rents will have to be refunded retro- active to August. Mrs. Knopinski stated that one of the problems will be the extra staff time that the recertifications will consume. Mrs. Beir noted that the total income will be decreased. Mrs. Jonas acknowledged this and stated that it will affect the reserve but it should not affect the operating costs. Mrs. Jonas stated that she will be writing to Senator Armstrong and informing him of the situation. Orcha rd Place -Personnel Matters ~ BEVERLY BRADSHAW MOVED AND BILL FRASIER SECONDED THE MOTION TO HOVE TO EXECUTIVE SESSION. THE MOTION CAR.RIED AS FOLLOWS: AYES: NAYS: ABSENT: BRADSHAW, BEIER, FRASIER NONE BURNS, PETERSON MOTION BEVERLY BRADSHAW MOVED AND BILL FRASIER SECONDED THE !«>TION TO LEAVE EXECUTIVE SESSION . THE MOTION CAR.RIED AS FOLLOWS: AYES: NAYS: ABSENT: BRADSHAW, BEIER, FRASIER NONE BURNS, PETERSON R habilitation Program-Status Report Mra. Jonas reported that the last of the Fiscal Y ar 1981 CD funds are being spent and staff ha1 started th clo1e-out proca11. It ii important to be clo1 d out by the and of they ar in ord r to be ready for the clot -out audit. The clo1a-out audit will co in the fir1t quarter of next year with th regular audit. K. Brad1haw 1tatad that City Grant, Ill will likely be $100,000 in th 19 3 City Budget. She ,aid that $50,000 ii definite with the oth r $50,000 d p nd nt on availability. Application tatu1 report d that Piacal Y ar 19 2 will b HUD adainiat rd and Pl• al will b State adaini1t rd, On Friday th r v ill b a State Appli- Work1hop to 1 am at the atate anti on ita applications. The HUD ation ia du ov r l, 19 2 and th State applicatio ia du 15, Th re will probably b 1-3 RUD coapreh n iv 1ranta rd -5- • I • -• • • based on funds allocated. Grant application will request $850,000. $3 0 0 ,000 would be allotted to housing rehabilitation, $100,000 -$150,000 wil l be allotted to moving the house s on Bann ock, with the remainder allotted fo r comme r cial rehabilitation for areas on Braodway and for the west side walkthrough . Different target areas will be emphasized for the state application. The t a r ge t areas mentioned were the west side of Broadway, Acoma and the resident i al areas around downtown. The maximum application amount for state funds was $600,000; this amount might be divided into 1/2 housing rehabilitation and 1/2 downtown projects. Ms. Bradshaw informed the board that there will be a special public hearing on the CDBG applications before the council on Monday, October 25, 1982. Section 8 Existin& -Status Report Mrs. Knopinski stated that she had hired Terry Whitted to run the program. Mrs. Whitted has a personnel and social service background. Mrs. Knopinski also reported that she had been subpoenaed to produce the files in a case between an ex-tenant and ex-landlord. Section 8 Existing -Application for 28 Units Mr s . Knopinski reported that HUD had collllllitted funds for an additional 14 t wo-bedroom family units and 14 one-bedroom elderly units. The budgetary fo rms mu s t be submi t ted in 10 day s. The ACC will be executed around the end of October. Mr s. Jona s stated that the Housing Authority DJ&t submit budgets. She also s tated that t here is not much leeway in the Section 8 Budget. She ask d the Board if t hey would authorize the staff to submit the budg e t and then to ratify i t a t the regular meeting of October 20, 1982, MOTION BEVERLY BRAD SHAW MOVED AND BI LL FRASIER SECONDED THE MOTION TO DIRECT THE STAFF TO PROCEED WITH THE SECT ION 8 EXI STING PROGi.AM BUDGET S AND THE BOARD WILL R.ATIFY THEM AT THE NEXT REGULAR HI:ETINC ON OCTOB ER 20 , 1982. THE MOTION CARJlIED AS FOLLOWS: AYES: YSI A!S Bll.A.DSHAW, IER, FRASIER NO BURN, P!TDSO nt r -Statu port i r point d out that th Siaon Cent r is 100% occup ied. Mr s. Knopinski d that Joyce Perry, Houain Han aaer at Sill0n Cen ter, ia attempting lat all of th recertification, before October 1 , 1982, rch indi te th t th Houaina Authority Gov ruaental I11111.1niti, Act althouah Sh not that th e ct • ry en ral. ntel 1.-.uiiti A t 111th n attorn y 1.n • I • • - • • • • Attorney General's Office and they seem to concur with Mrs. Al l in's opin ion. Mrs. Bradshaw stated that she would like to have her attorney look a t the a c t . Director's Choice -Evaluation Form for Executive Director Mrs. Jonas stated that the revisions have been done. The Board will need to set a time to meet and evaluate the Executive Director. Director's Choice -Housing Division Proposed 1983 Budget Mrs. Jonas reviewed the requested 1983 Housing Division City Budget. Collllllissioner's Choice Mrs. Bradshaw asked how Englewood compares with other cities in terms of assistance to low income. Mrs. Jonas responded that there were no figur es to which she could refer. Mr. Frasier noted that Englewood has a very high proportion of senior citizens and families with low/moderate incomes. Hr. Frasier also noted that he would rather have subsidized home ownership than subsidized rentals. He noted that owners tend to develop their homes. He pointed out, however, that there may not be enough houses for sale to make a mortgage Revenue Bond Issue feasible. A discussion then ensued regarding the possibilities for subsidized home owner- ship. There being nothing further to discuss the meeting was adjourned at 9:00 P.H. -7- • I • • • • - MINUTES ENGLEWOOD, COLORADO BOARD OF ADJUSTMENT AND APPEALS October 13, 1982 The regular meeting of the Board of Adjustment and Appeals was called to order at 7:30 p.m. by Vice Chair11111n Donald D. Seymour. MEMBERS PRESENT: MEMBERS ABSENT: ALSO PRESENT: Kreiling, Ballagin, Seymour, Brown, Dawson, Leonard. Gage Dorothy A. Romans, Assistant Director of Planning and Acting Director of Couaunity Development Rick DeWitt, City Attorney Larry D. Yenglin, Planner I Sheryl Rousses, Recording Secretary * * * * * * * * * * BOARD MEMBER LEONARD MOVED TO APPROVE THE MINUTES OF THE SEPTEMBER 8, 1982, REGULAR MEETING OF THE BOARD OF ADJUSTMENT AND APPEALS. Board Member Hallagin seconded the motion. Upon call of the roll, all aeabers present voted in the affiraative. The Chairaan ruled that the ainutes stand APPROVED as written. CASE NUMBER 15-82 * * * * • * * * • * FACILITIES DESIGN, LTD. Warren P . Wad.a n, President 295 5 South Lincoln St. Englewood, Colorado 80110 REQUEST: The applicant is requesting the conversion of this property into a two-family residence--an apartaent on the first floor, which would have approxilllately 930 square feet, and an apartment on the second floor, whi c h uld have approxiaately 760 square f et of floor ar a. Thia is a requ a t f or a variance from the Comprehensive Zoning Ordinance S ction 22 .4-9 c (2) --Minimum Area of Lot fro• 6,000 square feet to 4,688.75 quare f et and Section 22.4-9 f (2) --Minilll\llll Frontage of Lot fro• 50 f et to 37.5 feet. Chairman S ymour stat d that he had verification of posting and th 1 gal adv rtiaing of this caa has b en given. John Criswell, Attorn y at Law, represented Facilities Design, Ltd. • Cri 11 stated that the aoning of this property ia R-4, but across th alley th zoning is B-2, Buaineaa. Across Lincoln Street th zoning i R-2, dium-Denaity aid ntial, Ke stated that th propoa d varianc • I • • n - Board of Adjustment and Appeals October 13, 1982 Page 2 • • - would meet or exceed most of the standards for two-family residences in R-2 , with the exception of frontage and square footage. This property could not be developed for any structure with present zoning, because this property was platted before the modern Zoning Ordinance and the lot is too s mall. Mr. Criswell stated that many of the neighboring homes are on substandard lots, and half could not be developed today, and that of the 28 sites on each side of Lincoln, only seven are owner occupied. Phillip E. Phillips, 4575 South Elati, Englewood, was sworn in. Mr. Phillips is a Realtor in Englewood and represented both the buyer and seller of this property when Hr. Wadman bought it in August of 1982. Mr. Phillips stated that the house had been used as a rooming house with five units, two downstairs and three upetair~ Four of these units were occupied at the time of the listing. Mr. Phillipe called the City to find out that the zoning was R-4 and allowed multiple units. He stated that the purchase price of $53,500 was a very good price for a potential double and should bring the owner a monthly return of about $400 per unit --$800 as a double or $400 as a single-family residence. It could not rent for more as a single because of the neighborhood, but would be the largest unit on the block if it were used as a single- family residence. Mr. Phillipe further stated that at least seven unite on the block are presently being used as doubles and that there is a desperate need in Englewood for rentals for under $400. He stated that the upstairs of this property had no real kitchen, but the occupants used a hotplate. Mr . Phillipe said that he had no idea there would be liaite on making the property into a duplex. Mr. Wadman had told Hr. Phillips that he personally had checked with the Planning and Zoning Department of Englewood to see if it was peraieeible to change the house into a double, and had been assured it was. Ri ck DeWitt, City Attorney, asked Mr . Phillipa if the a1ltiple unite on the block met the front footage and square footage requirements. In four apecific cases, Mr. Phillips agreed that they were probably meeting R-4 atandarde. Warren P, Wadaan, 4465 South Galapago Stre t, Englewood, waa sworn in. He atat d that he is the Pr eident of, and, with hia wi fe, th r of Facilities Design, Ltd, which is the owner of the property at 2955 South Lincoln Str et. H stated that he and his wife re looking for prop rty to d v lop for inv ataent purposes. Thia prop rty appealed to th a because, with labor, it could be iaprov d to aake a profit. fore buying, h ver, Hr. W daan decid d to ch ck with the En 1 od Planning Department and waa told that this prop rty waa zoned R-4 and could th refore bed v lop d aa a duplex. Mr. Wadaan th n aade an offer, waa accepted and c loa don th prop rty. Hr. Wadaan stat d that when h then nt to th City to obtain buildln p raita, h waa told that there had b n a aistake, th property a substandard lot, and that th Staff h d no authority to grant hia t raita. • ) I • • Board of Adjustment and Appeals October 13, 1982 Page 3 • • • Mr. Wadman stated that he could only realize a 4~ return on his investment with a single-family house, but could receive 10.9% on his investment if the property were a duplex. Be stated that he had done all he could to get the correct information. Be stated there were many improvements he had already made and he intended to make more. Mr. DeWitt questioned Hr. Wadaan. Mr. Wadaan agreed that he had been given a copy of the Zoning Ordinance, but had not read it, relying instead on the Planner he had asked about the zoning. He stated that it vas not econoaic to make a large investment in upgrading this property because of the neighborhood. Re stated further that there would be a lower density with a two-faaily residence instead of a five-unit rooaing house. Dorothy Andrews ROiians, 3600 South Bannock Street, Englewood, was sworn in. She stated that she is the Assistant Director of Co..unity Development in the Planning Division and at the present, is the Acting Director of co ..... nity Development. Hrs. Rollans stated that there is no evidence in City records, or utility records that the property has ever been used as a rooming house. Certainly there were no peraita for this purpose which had been issued. There is insufficient frontage and square footage for a rooming house. She stated that, as described by Hr. Phillipa, it had not been a true rooaing house, as such use is defined. Mrs. ROiians further reviewed the case by stating that under R-4, R-3 and R-2, duplexes must have a fifty foot frontage, and a 6,000 square foot lot area. 'nlia results i n a aaxiawa density of 14 dwelling units per net acre. Granting this variance would raise the density to 18 dwelling units per net acre. lt would also potentially increase traffic, the animal population, tras h and noise. 'nle house, while large for the neighborhood, would be very suitable fo r a single-faaily residence, and was priced at approxiaately the average price for a single-faaily house in Englewood . She further stated that the Coaprehenaive Plan adopted in 1979 listed aaong its goals the aaintenance of the r esidential neighborhood•• the c ornerstone of the c011aUnity, and the encouraging of young f aailiea t o aove t o Englewood . Mr . Cr i s we l l au..arized. He stated tha t the ne ighborhood is i n favor of upg rad i ng this property, which can o n ly be a tta in d by changing it to a duplex. He sta t ed t ha t the zoning p r o b lea v aa not Mr . Wadaan'a f ault , that the pr esent zoning wou ld not perait an y de velopaent of t his property at all, that it i s already zoned for two f aailiea, a nd that other aultiple- faaily units already xiat on a 37~ foot frontage. Hr. DeWitt au..arized. He auted that the neighborhood is not bad, that Hr. Wadman should have read t he Zoning Or d inance for hiaaalf, that if Hr. Wadman wanted a curity he could h a v pu t th aon yin a paaaboolt ccount, that the zon ing requirements are ain i.awaa, not aaxiauaa, that the oth r substandard lo t s c ou ld ask fo r t h a variance, wh ich uld c hange th natur e of th n i ghborhood. D1acuaa1on by th Board enau d . • I • • • • • Board of Adjustment and Appeals October 13, 1982 Page 4 Chairman Seymour asked that the Staff Findings of Fact be made part of the record. BOARD MEMBER BROWN MOVED THAT IN CASE NO. 15-82, FACILITIES DESIGN, LTD., 2955 SOUTH LINCOLN STREET, BE GRANTED A VARIANCE FROM THE COMPREHENSIVE ZONING ORDINANCE SECTION 22.4-9 (c) (2) --MINIMUM AREA OF LOT FROM 6,000 SQUARE FEET TO 4,688.75 SQUARE FEET AND SECTION 22.4-9 f (2) --MINIMUM FRONTAGE OF LOT FROM 50 FEET TO 37. 5 FEET. THIS PROPERTY IS TO BE USED AS A DOUBLE. THE PROPERTY MUST BE BROUGHT UP TO THE CODES OF THE CITY OF ENGLEWOOD, INCLUDING ELECTRICAL, PLUMBING AND BEATING. IT MUST MEET THE ENGLEWOOD BUILDING CODE. THE OWNER HUST PAY EXTRA WATER AND SEWER FEES FOR THE EXTRA UNIT AND A WATER HETER HUST BE INSTALLED. EXISTING TAPS MAY BE USED, BUT THIS DOES NOT ELIMINATE THE TAP FEES. Board Member Dawson seconded the motion. Upon a vote, one member voted to approve the 1110tion, five members voted to defeat the motion, with one member absent. The Chairman ruled the motion was DEFEATED. The Board Members gave their findings as follows: Hr. Kreiling. "I voted yes, because I did consider it a hardship in the size of the lot. And this site could be used for a single-family. However, the condition of the structure and the character of the neighborhood would preclude practically all prospective buyers. See Exhibit 6. If an identical vacant area were available today, a variance would be required, and I am sure that such a variance would be granted. The area was platted prior to the Zoning Ordinance, which have limitation. And for the variance of the front footage in this block, what should be the ideal footage for developing the land in accordance with the regulatory Ordinance? Gentlemen, I still agree that there is a hardship in this." Hr. Hallagin. "I voted no. I realize that the place needs to be cleaned up. I realize that ther are a lot of potentials on that street. But he had the Ordinanc in bis hand. lt would increase the density too much. He did not et th six requirements for the variances, and I cannot find in my mind that be aet the establishment of any hardship for him. There was no hardship th re, as far a1 l was cone rn d. l voted no." Hr. S )'IIOur. "I vot d no, l felt that h wasn't totally inexperienc din this line and I felt that h didn't aeet any of the six conditions neces- sary for a variance. Therefore, I voted no." Hr. Br "I voted no on thia 110tion because from hearing the facts, I do not see a hardship, and I would explain that by saying that with the shortage of rental hous a today, that he can fix thia place up and atill t nou h rent out of it to aake a fair return on hia investaent. Io soae rentala, and 10 this ia sy peraonal opinion froa experience. Secondly, I feel that this ahould be a aingle-faaily unit b cauae wen ed to protect our 1ingle-faaily neighborhooda, and I fe l that the single- family would b better in thia situation because of th liaited apace that h haa and with two families, I a par in probl .... I a otb r probl with p u. So th are soae of sy baaic r aaona ." • I • • -• • • Board of Adjustment and Appeals October 13, 1982 Page S Mrs. Dawson. "I voted no. I think this property can be upgraded and he can get a fair return in rental." Mr. Leonard. "I voted no. I felt that he did not meet nUllber 1, 2, 3, or 6 of the variance conditions that need to be present to grant a variance. I'd like to read them. Number 1 is that the variance will do substantial justice to all and not just to the particular applicant for the variance. In this case, it was just for the particular applicant, he bought it for investment only, and it was for hia only, that they want to make this variance. Number 2, that the plight of the owner of the property for which the variance is sought is due to unique circuaatances existing on the property and not created by the owner or owners, nor due to general conditions of the District. It is listed here that the Utilities Department of the City records show that this property has been a single- family residence all along. There are no records in the City which establish a use other than single-faaily at this location. The Arapahoe County Assessor's Office alao has this property listed as a single-faaily residence. Nuaber 3, that the developaent or use of the property, if held strictly to the zoning standards of the District in which it's located cannot yield a reasonable return in service, uae, or incoae coapared to the adjacent confonaing property. There are 20 single-faaily residences in the area there and I feel that if this were a aingle-faaily property, he could have a fair return. Be testified that he had to spend $8,000 to bring it up to Code, regardless. Nuaber 6, that the variance, if authori.zed, will not substantially or peraanently injure the appropriate use of adjacent conforaing property. I thiolt that it would, because all these others who are in this neighborhood would be hurt if this were allowed to stand. He received a copy of the Zoning lava, and there was no kitchen upstairs, so it wasn't a real apartaent, and it really didn't aeet the Code to have all those bedrooaa with a hot plate, and he doesn't .. et the SO foot frontage that he needs or the 6,000 square feet of lot area that he needs. Therefore, I voted no." Mr. DeWitt suggested that the Board put the motion in an affiraative wording. BOAllD MEMBER BROWN MOVED THAT IN CASE NO. 15-82, FACILITIES DESIGN, LTD., SHOULD BE DENIED THE VARIANCE FOR A TWO-FAMILY RESIDENCE AT 2955 SOUTH LINCOLN STREET AND THAT THE STATl!K!NT OF FACTS FROM THE STAFF BE INCLUDED IN THE RECORD. Board Meaber Hallagin seconded the aotion. Upon a vota, fiva aeabera voted in tha affiraativa and ona meaber voted in tha n gativa, with ona meaber absent. Th action to deny tha variance vaa APPROVED. Chairaan Seymour declared a raceaa at 9:38 p.a. * • * • * * • * * • Th Board of Adjuataent and Appeals reconvened at 9:48 p.a. Roll va1 c alled. MEHBEJlS Pl!SENT: MEHB ABS Krailing, Ballaain, Seymour, Brown, Davion, Leonerd. eaa I • • 'Board o f Adjustment and Appeals Oc t ober 1 3, 1982 Page 6 CASE NO. 16-8 2 NORMAN AND HELEN CHARLIER • • • 3060 EAST CORNELL CI RCLE REQ UE ST: The applicant is requesting a variance from the Minimum Fr ont Ya r d Setback o f 25 feet to 15 feet for the purpose of constructing an at t a che d garage . This is a variance from the Comprehensive Zoning Ordinance Se c t ion 22 .4-2 h (2) (a) --Mi.nimum Front Yard. Chairman Se}'lllOur stated that he had verification of posting and the legal adverti sing of this case has been given. Norman Charlier, 3060 E. Cornell Circle, Englewood, was sworn in. He stated that he would like to construct a garage on his property. The property is p ie-shaped with no access to the rear, and no space in front of the property fo r parking. He stated that he would like to move the carport forward and pour a ten foot by sixteen foot slab for a two car garage. He stated that i t would match the other building on the property and would not detract from t he neighborhood . Hr. Hallagin asked about the trees on the property and Hr . Charlier said, while the trees would have to be taken out, he would r eplace the landscaping to the side. Hr. Seymour s tated that Hr. Charlier definitely needed space to move his cars from the street. Mr. Charlier said he could alleviate the congestion on the street . Ch a i rman Seymour asked that the Staff repor t be made part of the r e cord. BOARD MntBER HALLAGIN MOVED THAT IN CAS E NO . 16-82, NORMAN AND HELEN CHARLIER , 3060 EAST CO RNELL CIRCL E, ENGLEWOOD , COLORADO, THE APP LI CANT 'S RE QUE ST BE GRANTED FOR A VARIANCE FOR A MINIHUH FRONT YARD SETBA CK OF 25 FEET TO 15 FE ET FO R THE PURPOSES OF BUILDING AN ATTACHED GARAGE. TH I S IS A VAR I AN CE FR<l't THE COMPREHENSIVE ZONING ORDINANCE SECTION 22.4-2 h (2) (a) --MIN IMUM FRONT YARD . Board Memb er Leonard seconded the motion . Discussion ensued. Upon a vote all 111e1Dbers present voted in the affirmative and the Chairman rul d that the motion was APPROVED. 'nle Board meabera g v their findings aa follows: Hr. lCreiling. "Thia ia a non-unifora lot on a partial cul-de-aac, whereby th tandarda of th Ordinance relative to setback are difficult to brin into unifondty. So I voted yea." Hr. Hallagin. "I voted yea. I was out there and they definitely n eded o off-atr et parking. He'a got some beautiful cara that n ed to be put in a ar a and put under a cover. 'nlia vould be a hardship case. I voted yea." Hr. Br "l voted y a for th variance I feel that it -ta all of the conditions and I fa 1 that th character of then ighborhood vould not • I • • . Board of Adjustment and Appeals October 13, 1982 Page 7 • • • be affected if the proposed garage would blend in with the existing structure and it would maintain the character of the area." Mrs. Dawson. "I voted yes. I feel that this is an irregular shaped lot and, I too, think the cars would be better off in a garage." Kr. Leonard. "I voted yes. It generally meets the requirements to grant a variance. It would improve the neighborhood and take the cars off the street. It's an irregular shape that makes it better to have the garage where he's asking for it. It's a hardship because there's no alley and he has approval froa the neighbors with no objections here tonight, and he will replace the landscaping that's necessary when he takes the other out. Kr. Seymour. I voted yes. There were no objections. It would seem to upgrade the neighborhood froa traffic congestion. He does have a hardship from an irregular lot. He did generally aeet the six conditions necessary. And it would appear, according to evidence and neighborhood testimony, that everything he does, he does with class. So, it looks like it's going to be a good job. CASE NO. 17-82 * * * * * * * * * * ARLEN PAYNE 3500 Block South Marion Englewood, Colorado REQUEST: The applicant is requesting variances froa the Comprehensive Zoning Ordinance to permit the sale of Liaited Living Units --Residential units which are saaller in floor area than the ainiaua allowed, and which are to be permanently occupied by no aore than two persons. The variances include: Section 22.4-5 b (3) Not M>re Tnan !bur Ulits Attached to eight units attached. Section 22.4-5 C (3) Kini.am Area of Lot from 48,000 square feet to 28,190.75 square feet. Section 22.4-5 d (2) Miniaua Floor Area froa 650 square feet to approxiaately 493 square feet. Section 22.4-5 f Miniaua Usable Open Space from 50% to approxiaately 39%; 40% in the front yard to approxiaately 16%. Section 22.4-5 i (3) Minimum Frontage of Lot from 400 feet to 222.5 feet. Section 22.4-5 j Maximum Height from 25 feet to 26 f et in th front and 35 feet in the rear. Section 22.4-5 m Kinimwl Rear Yard from 25 feet to 23.5 feet. Arlen Payn , 6120 W. Vassar, Laltevood, was s worn in. Hr, Payne stated that the units which had been granted variances in the past had not proved to be marketable, although he built two unite. Be wanted to pres nt an w plan for a lower coat living unit. Gary Ivey, 187 County Road 65, Evergr en, wa a avorn in, He pre nted evidence of a aaeting with persona in the neighborhood. At the aeeting thy explain d the plan and obtained letters saying aoae neighbors agreed. B subaitted plans for aateriala, a buyer profile, a survey indicating that I • • • • • 'Board of Adjustment and Appeals October 13, 1982 Page 8 there is a need for this kind of housing. He stated that the units which would be constructed if this variance is granted, would bring fewer people, cars and traffic into the neighborhood . Under the previous plan there would be nine single-family attached units: three duplexes and a triplex with a total of 36 bedroolllS. Under the pro posed plan, there would be two buildings , with eight units in each building.and there would be only 16 bedrooms; so the density would not be increased. The r e would be 32 parking places. The units would require pa}'lllents of a pprox ima tely $472 per month which could be reduced to $426 with 20 % down. Board Member Leonard asked if these units were really condominiums , with fir e walls and separate chia:aeys and if each would be separate with its own he at and lights. Mr. Ivey said that was true and that there would be coaaon area. Be said they would have only on e water and sever tap for each building . The units would have 493 square feet of floor area. Board Member Leonard asked if Mr. Payne would follow the City Engineer's recommendation to construct a concrete alley to U.S. 285. Mr. Payne said he felt this would lead to traffic going on to U. s. 285. >Mr. Ivey suggested blocking off traffic to the alley. Board Member Kreiling believed that the concrete alley could lead to hazards. Mr. Payne agreed to the other conditions suggested by the City, but questioned the need for curb cuts. Be said, however, that he would aeet all requirements. Anthony Francis Monte, 3527 S. Marion was sworn in. Mr. Monte stated that he opposed the granting of the variance. Be stated that be had attended the earlier hearings for variances on this property. Be stated that this neigh- borhood is a very close neighborhood. It is a faaily neighborhood. Be stated that he had opposed duplexes, but was unable to stop the owner. This variance would ruin the single-family nature of the neighborhood. Mr. Monte stated that if the owner couldn't build duplexes, all variance& that were granted in the paat should be cancelled and he asked that the owner be kept within the boundaries of the Code. Re further s tated that the people who signed the letters agreeing with this varisnc do not live in the neighborhood. Mr. Monte also believes that the pres nt duplexes do match the neighborhood in that they are brick, but thee n units will not be of brick . s ley, 540 South Marion, wa s a n in and stated that he had b n o t h r variance h arings, and had opposed the granting of those v ari n es. Mr. Resley would prefer that Mr. Payne continue with the old plan o havin duplexes whi c h he has alr ady started. ud that W b Ca thrin Pr z, 1270 Ja mine, Denver was sworn in, and and stat d sh would prefer to hav famil ies in the neighborhood rath r than th this buildin proj ct would attract. Sh feared that people rent th• out. Sh a read that th property s hould th vacant land is also bad for then ighborhood, but th t th d v lop nt of th duplexes b continu d. Sh stat d d duplex• in th i hborhood and tri d to rent to faail i a. • ) I • • - • .Board of Adjustment and Appeals October 13, 1982 Page 9 • • - Mr. Gordon Weese, 3530 South Marion was sworn in and stated that he wishes they would use all brick in the construction instead of a combina- tion of brick and wood which won't match the neighborhood. Wood will deteriorate, Mr. Weese fears, and the owners may not be able to paint the units for quite some time. Mr. Payne stated there were others at the meeting for the project, and one of them wanted to expand the project. The other choice was to build four-bedroom duplexes which would be bought by investors. He submitted a list of people who attended the meeting. He further stated that he would use low-up,eep redwood trim and baked enamel gutters which would aake the buildings easy to keep up. Mr. Se)'lDOur asked that the Staff report be made a part of the record. Dorothy Andrews Romans stated that in figuring density, the City does count front doors, not bedrooms. She stated that the Staff did not make a recom- mendation in this case, but is of the opinion that the property can be developed under the present zoning; money is not a consideration in variances. She stated that there is a need in Englewood for low-cost housing, and the City Council and the Planning eo .. ission are considering ways to encourage the construction of low cost housing for use in Englewood. The Limited Living Units concept has been used in Boulder successfully. She stated that the applicant will have to file a development plan and there will have to be another hearing before the Planning and Zoning Comaission. The Planned Development will also have to be approved by the City Council, and the Council may choose to have another hearing. If the Planned Development is approved, the developaent will be locked into the approved footprint, type of construction and the development plan. BOARD KnmEll BROWN MOVED THAT CASE NO. 17-82 , Kil, AllLEN PAYNE, THE OWNEll OF PllOPEllTY LOCATED IN TH.E 3500 BLOCJ. SOUTH MAllION STREET, BE GRANTED A VARIANCE FRCl4 THE COMPllEBENSIVE ZONING ORDINANCE TO PERMIT THE SALE OF LIMITED LIVING UNITS--RESIDENTIAL UNITS WHICH ARE SMALLER IN FLOOR AREA THAN THE MINIMUM ALLOWED, AND WHICH ARE TO BE PERMANENTLY OCCUPIED BY NO MORE TWO PERSONS. THE VARIANCES INCLUDE: Section 22.4-5 b (3) Not More T.han F our Units attached to eight units attached. Section 22.4-5 C (3) Minialll Area of Lot from 48,000 square fee t to 28,190.75 square feet. Section 22.4-5 d (2) Miniaim Floor Area fro• 650 square feet to approximately 493 square feet. S ction 22.4-5 f Minimum Usable Open Space from 50% to approximately 39%; 40 % in the Front Yard to approximately 16%. S ction 22.4-5 i (3) Miniaia Frontage of Lot froa 400 Feet to 222.5 feet. Section 22.4-5 j Maxiaua Height fro• 25 feet to 26 f et in the front and 35 feet in the rear. Section 22.4-5 m Miniaim Rear Yard from 25 feet to 23.5 feet, • I • • n Board of Adjustment and Appeals Octobe r 13, 1982 Page 10 (the motion continued .) THE FOLLOWING CONDITIONS SHOULD BE MET . • • - 1 . SUBMI T AN ENGINEERING DRAINAGE PLAN WITH ON-SITE DETENTION . 2 . ALL COMPACT CAR SPACES SHOULD BE SIGNED "COMPACT CARS ONLY." 3 . CURB ClrIS WOULD HAVE TO KEET CITY SPECIFICATIONS AND THE CURB CUTS ALONG MARION STREET WOULD HAVE TO BE ABLE TO HANDLE THE TWO-WAY TRAFFIC. 4 . ONE-WAY INGRESS AND EGRESS IS TO BE SIGNED "IN-Otrr" OR "ENTER-EXIT". A BETTER FLOW PLAN WOULD BE TO REVERSE THE "INS" AND "OUTS" WHICH ARE PROPOSED. The motion was sec onded by Board Member Hallagin. Upon a vote, 5 members voted to approve the motion, one voted to defeat the motion, and one member was absent. The Chairman ru l e d the motion wa s APPROVED. The Board Member s gave their f i ndings as foll ow s: Mr. Kr e iling . "I v oted n o on the thought t ha t I wasn't going to pa ss the buck to Plann ing a nd Zonin g o r Counc i l . We have s ubj e c ted the vicini ty resident s t o various e xp o sures l ike this. The t wo units that have been built have sold. And while the propo sal has me rit , the additi onal hazards ou t weigh the merits." Mr . Ha llagin . "I vo t e d ye s . I thought that it would help the Ci t y of En gl ewood wi th l ow-co st hou s ing; i t wou ld he lp t he young people ge t a good start1 it wou ld clean u p the a rea 1 and the weed s have been ther e for 29 years and it 's a n eyesore. Th is should r eally he l p cle an up the city a little bit. I voted yes." Mr. Brown. "I voted yes because I feel that giving t his variance will allow the units to be built so that they can provide affordable housing for young singles or couples who would otherwise not be eligible to buy their own homes. And I feel we have enough rental property in that neighborhood now. Let's build something which people can buy and take soae pride in. To the people that live in that neighborhood that own their own property, you do take pride. It looks nice. But you know something has to be built there, so I'd like to see something built so they're not going to sell the buildings for investment purposes where you just have anyone living there. Th re are lots of fine people wh o do rent, I'm not saying anything against renters, they're fin people; but I'd lik to see people be able to buy these unit•, these homes. It 's hard for young people to buy a hoae n days becau e of the interest and many young people ar not aaking enough money to qualify. But here ia an opportunity t o bring aore young people to Englewood, to let them take pride in our City and to take that land and develop it to where it really looks nice and will not juat be awed patch." I • • Board of Adjustment and Appeals October 13, 1982 Page 11 • • - Mrs. Dawson. "I voted yes. With the economy and the interest, we're going to have to rethink some of our plans of living. Many young people would like to have a home and they need a place that they can call their own and they take good care of it usually. We have given variances for several townhomes, including those to Mr. Koza over on Clay and Union. Those are beautiful homes. I would be proud to live in one of those myself. The houses would be much better than the weed patch that's been there." Mr. Leonard. "I voted yes. Be had the approval of the neighbors on the north. They had that meeting and 12 people attended. They explained it all to them as to what they were going to do. They are going to meet the requirements of the City Engineer except for the concrete alley. Englewood needs this kind of housing. It will improve the neighborhood to have ownership there rather than rental, and they can go ahead and build on the property anyway, so it's better this way that they have something they can own." Mr. Seymour. "l voted yes. It would seem to make good use of the plot of land which has been vacant for a long time. I think there is more chance of owner-occupied units instead of investor owned or rental. I think that would be better for the neighborhood due to the comaents of the neighbors who were good enough to come down and make their thoughts known. Therefore I voted yes." * * * * * * * * * * CASE NO. 18-82 R. J. PAULEY 3200 South Downing Street Englewood, Colorado REQUEST: The applicant is requesting a variance to construct a detached garage. Thia is a variance froa the Coaprehensive Zoning Ordinance Section 22.4-4 l (1) (c) ~ Miniaum Side Yard for an accessory structure from 3 feet to O feet. Mr. R. J. Pauley, 3200 South Downing Street was sworn in. Mr. Pauley stated that he has lived in the house for 24 years. Because of his health and heavy traffic in the neighborhood, he would like to build a garage. He would lik to build it on the property line because of his difficulty with clearing heavy snow, and so that no space will be wasted behind the garage. Mr. Pauley listed four points that he said would be helpful in regard to the questions from the City. He stated that the sewer lines hav been located, and the garage will not be over the lines. The structure would beat back 6 f t givin a clear view of Eastman Street. An existing wood n fence haa been along the alley for 22 years with no problems with traffic. Th structure uld be built low with a 1~ or 2/12 pitch roof and would not caus interference with safety. He stated that they wou ld put cars in th gara which would relieve on-atreet parking. H asaur d Board M mber Brown that th double car garage would match the houae. BOARD MDfflER DAWSO MOVED THAT IN CASE NUMBER 18-82, R. J. PAULEY BE GRANTED A VARIANCE TO CO NSTRU CT A DETACHED GARAG! AT 3200 SOUTH I STREET, ENCL D, COLORADO. THIS IS A VARIANCE FROM THE COMPREl!ENSIV ZO I ORDINANCE SECTION 22.4-4 1 (1) (c) --MINIMUM SID YARD FOR AN ACCESSORY STRUCTURE FROM 3 FEET TOO FEET. ab r Leonard conded the motion. All ab ra voted in th affirmative. Th variance wa a GRANTED. Th Board bra av th ir finding••• foll a: I • • • • - CASE NO. 15-82 STAFF FINDINGS OF FACT 1. That the variance will do aubatantial juatice to all and not just the particular applicant for the variance. According to all inforaation on file with the City, the subject property haa been a single-faaily residence for more than 22 years. Allowing a two-falllily use on the property, which does not conform to several lllinillLlm requireaents for a two-faaily use in this Zone District, is not justifiable in this neighborhood, and will primarily benefit the owner and not the public. 2. That the plight of the owner of the property for which the variance is sought is due to unique circuaatances exiating on the property, not created by the owner or owner• and not due to general conditions in the District in which the property is located. The applicant bought the property knowing the Illini.mum requirements of this Zone Diatrict and, thus, the circuaatances for which the variance is sought wers created by the ·applicant. 3. That the developaent or use of the property if held strictly to the zoning standards of the District in which it is located, cannot yield a reasonable return in service, use, or incoae C011pared to adjacent conforming property in the same District. A reasonable return in service and use can ba attained by using the property as a single-faaily residence. The aajority of atructures on lots of this size, or saaller, are restricted to single-family residences. 4. That the variance, if authoriaed, will neither weak.en the aeneral purpose of this Ordinance nor the regulations prescribed for the District in which the property is located. Granting the variance would weak.an the general purpose of this ordinance and the regulations prescribad for this Zone District because the density would exceed that which ia peraitted . A single-family use would baa leas intense use for a saaller site than a two-faaily use, and, thus, aore coapatible with the aur- rounding area . 5. That the variance, if authorized, will not alter the essential character of the District in which the property is located. The essential character of the area will ba altered by the increase in the density due to the grantina of the variance. The area consists priaarily of single-faaily and tvo-faaily residences. However, the density of the proposed development vould not b consistent with the area; it ia doublin, the density allowed. • I • • · Board of Adjustment and Appeals October 13, 1982 Page 12 • • - Mr. Kreiling. "The revised answers to the six conditions dated 10-12-82, seem to cover the hardships that might be encountered if the conditions were l eft as they are." Mr. Rallagin . "I thought that all aix conditions were met for variances. There's quite a hardship with the snow problems and the ice and his problem with his being crippled, so I voted yes." Mr. Brown. "I voted for the variance, or motion. I feel that the off- street parking is needed, and I feel that his garage will be an addition to the neighborhood as well as fulfilling the need that he has for space for his cars." Mrs. Dawson. "I voted yea. I feel that there is a hardship and with the winter coming on, it will be a big help to have the cars off the street and dry." Mr. Leonard. "I voted yea. Re generally meets the require-nta for a variance and he has five approvals from his neighbors with no persons objecting at this meeting. Be has a hardship. Be needs the garage to get his cars off the street and he has a disability which prevents hi.a from shoveling the snow on that side. Re needs this garage to help in this way ." Mr. Seymour. "I agree with Mr. Leonard. 'nlat's why I voted yea." * * * * * * * * * * DIRECTOR'S CHOICE. Mrs. Roaana referred to the first case . A person received conflicting advice fro• the Staff . Mrs. Roaans said that from now on, the Planning Division will have the first staff person who is contacted follow the case from that point on until the Occupancy Permit is issued. Mrs. Romana stated that she thinks this will help this kind of problem. Although they have not found a way to fast-track, this will make a better situation for the client. Mr. Seyaour asked Mrs . Roaana to aalte a note to ask Mr. DeWitt to follow up on the explanation of his suggestion about affiraative and negative motions. BOARD'S CHOICE. Board Mellbera Leonard and Seymour stated that the Board 's Annual Meeting should be schedu led soon. Mrs. Roaana suggested setting it up in Noveaber and Board Member Kreiling suggested a new p lace this year. Board Memb r Seyaour suggested Novemb r 17. Board Member Brown stated that he would bring refreshments to the next meeting to celebrate his eon's completion of hia Ph.D. in cancer r search. Ther being no further buain as before the Board, Chairaan Seymour adjourned th October 13, 1982 regular meeting of the Board of Adjustment and Appeals at 11: 39 p.a. Sh ryl Rouaaea, Recording Secretary • I • • - • • • • CASE NO. 15-82 STAFF FINDINGS OF FACT 1. That the variance will do aubatantial juatice to all and not j ust the particular applicant for the variance. According to all information on file with the City, the subject property has been a aingle-f&llily reaidence for more than 22 years. Allowing a two-fallli.ly use on the property, which does not confonn to several adnia&a requirements for a tvo-f&llily use in this Zone District, is not justifiable in thia neighborhood, and will prillarily benefit the owner and not the public. 2. lbat the plight of the owner of the property for which the variance is sought is due to unique circuaatancea existing on the property, not created by the owner or ovnera and not due to general conditions in the District in which the property ia located. lbe applicant bought the property knowing the ainiawa requirements of this Zone Diatrict and, thus, the circuaatances for which the variance is sought were created by the ·applicant. 3. lbat the develop .. nt or use of the property if held strictly to the zoning standards of the District in which it is located, cannot yield a reasonable return in service, use, or incoae compared to adjacent conforllling property in the same District. A reasonable return in service and uae can be attained by uaing the property as a eingle-f&llily residence. The aajority of atructures on lots of this aize, or saaller, are reatricted to single-falllily residencea. 4. That the variance, if authorised, will ueitber weak.en the general purpose of this Ordinance nor the regulations preacribed for the District in which the property ia located. Granting the variance would weak.en the aeneral purpose of this ordi nance and the regulations preacribed for thia Zone Distric t bec auae the den s ity would exceed that which ia peraitted . A sing l e -f&llily uae would be a lesa intenae use for a ... 11er s ite t han a t wo-faai ly uae, and, thua, aore coapatible with the sur - round ing a rea . 5. lbat t he varianc e, if authorized, will not alter the eaaent ial ch a racter of the Distric t in which the property i s located . lbe easent i a l c harac ter of the area wil l be altered by the inc rease in the density due to the grantina of the variance . The area conaia t a pri .. rily o f aiqle-f&llily and tvo-faaily reaidencea. How var , the danaity of the propo .. d developaeat would not be c o naia ten t with the area; it ia doubliq the denaity allowed . • I • • , • Case No . 15-82 Staff Findings of Fact Page 2 • • • 6. That the variance, if authorised, will not substantially or peraanently injure the appropriate uee of adjacent conforaing prope rty. Granting the variance could affect adjacent conforaing uses i n the area by allowing a aore intense uee on a substandard lot . The aajority of structures on a lot of this siae, or saaller, on this street, are single-faaily uees. There are tvo properties in the block with a duplex located on thea which are less than 6,000 square feet in area and have lees than 50 feet of frontage. 'nlus, granting this variance would eaeentially be increasing the density o f this Zone Dietrict and eettin& a precedent for othar properties l acking certain wdn1w•w requir-ts to request for converting · s1ngle-faaily structurea to tvo-faaily uees, of which there are 1 3 other properties. • I • • • • • • Engle-wood P.arks and Recreation Qxrmi.ssion Minutes o f October 14 , 1982 Sc The regular nonthly meet ing o f the Engl ewood Parks and Recreation O:mni.ssion was called to order at 5 :40 p .m. by t he Olairman , J ack Poole , at the Engle-wood ~icipal Golf Cour se Clubh:::>use conference r oan . Merrbers present : Gones , Higday , Howard, Poole , Ranans, ex officio 1'Hrbers absent : Allen , Boarcknan , Bradshaw Also present : !bug Foe, Assistant Director of Parks and Recreation Leon Kuln, Assistant Director of Parks and Recreatioo Becky Rademacher , Recreation Youth Council Paul Fugate , Recreation Youth Cm.ncil Jeff Weist , Recreation Youth Council Olainnan Poole asked i f there were any additions or corrections to the minutes of the meeting of Septercber 9 , 1982. There were none . A UDtion was made and seconded that the minut es be approved . The notion passed. Conc e rning a rec:cmrendation made by the Parks and Recreation Coumission to City Council requesting that a ful l time c l erical teclnician position for Malley Center be considered , Director Ranans report ed that City Cm.ncil agreed to approve the position . This agreement was made , however, with t he s t i pulat ion that program fees at Malley Center \<oOuld be increased to aca:moodat e the increase of $3,100 in salary for the full time pos- ition . At the pre sent t ime , the part time clerical &1ployee is earning approximately $13,066 per year, including benefits, as ~ed to approximitely $16,166, including benefits, that a full time clerical &1ployee wwld eam (a difference of $3,100) . This full time position will be effective in January , 1983 . With regard to the &,glew:xxl Greenway Connection along the South Platte River, Director Rat8ns reported that Bob Seams of Urban Edges will be caqx,sing letters to sent to s veral fO\a'ldati.ons and area businesses for fuld raising purpose to help f inance the project, and asked Coomi.ssiooers for their suggestions of oosinesses that migh t provide a favorable respons . .t\lrong tho mentiooed were all Engl~ banks, eral Iroo Works, Burt Cl,evy and other car dealers, Massa Gl s, and Cart Brothers . U ing budget ta passed out to Q:mni.saion tllEllbers, Assistant Dir tor • I • • - Fngle\o.OOCI Parks and Recreation Coomission Minutes of October 14, 1982 Page -2- • • • Kurm made a brief presentation oo the Parks budget stating that the capital outlay budget was l!DSt effected wherein it was reduced by $69,100, therefore eliminating softball field relighting at Belleview Park and exercise equiIJll:!llt for Centemiial Park . Cllainnan Poole inquired as to whether or rot the City Council had been inform!d of the reductioo in expenses derived frcxn the new lights as in the case of Spencer Field . He was infomed that they are aware of this fact but felt that at this time it was not feasible to go into the large expense of relighting Belleview softball field. Ccmnissioner Higday ex- plained that the capital outlay budget cuts .iere reduced because of possibly grim 1983 revetuJ.es and that saue neooers of City Co\Dcil .iere in fact lJll)I"essed that a nuii>er of unexpected 1982 expenses (light and swimning pool repairs) .iere absorbed witrout supplem:ntary requests. Assistant Di.rector Kum also briefly explained the forestry budget . Assistant Director Foe briefly explained the Recreatioo Divisioo budget . Di.rector Rcmans reported that he and Mike Haviland of the Engla.ood ~tow'\ Devel- oixnent Authority discussed the possibility of cooperatively producing a slide soow wu.ch .oul.d aq>hasize ooe of Engle.«>Od' s best assets, its parks system. Rcmans suggested that the slide shcM srould include an explanatioo of the basic values of recreatioo prograns for children, and particularly , the n.lleti.oos and purposes of SCllle of the parks and gree,bel ts . He stated that Mr . Haviland agreed to seek sooe fulds £ran E.00!\ and the Parks and Recreatioo Department will provide staff t ime and slides for the presentation . The presentatioo l<.OUld about 12 mi.nut s long. After SCllle discussioo, it was the g - eral consensus of the Coomissim rs that this idea "loOUld be a feasible and desirabl lnlertaking for both parti s. Director Ranans r ported that the 1983 golf course budget includes a 25(: increas in green f directed that a survey be uade of all golf f by SUXTOl.niing golf courses so that the City Manager' to a deciaioo . The City al or youth progr: . Aft the City Manager r y l pr ted to Ccamiasi.al for ir cons • I • • - • • • • Engle.ood Parks and Recreation Ccmnission Minutes of October 14, 1982 · Page -3- Ccmni.ssi.on menbers expressed concern in raising the fees and Cllairman Poole in- quired as to -..hy Englew;xxi '\oOJld need to raise its fees . Romans explained that F.ngle.ood should be CCJlll)etitive with other courses and should not be higher or lower than llDSt other courses. The golf course should be able to break even in 1983 without assistance frcxn the General Fund and the fee schedule may be a factor in achieving this goal. Youth C.Ounc il menber Weist inquired if all fees will be raised, and stated that he felt only ncn- resident fees should be raised and resident fees remain as they are . After sane dis- cussion, Camri.ssioners Higday and Poole concurred with Weist stating that resident fees should not be increased. It was decided to continue the discussion when Golf Pro Jerry King ~letes his survey. Calcerning the Noveni>er Ccmni.ss:i.a'l meeting, Director Romans asked if the O:mnissioo. menbers '\oOJld prefer to change the date since the scheduled meeting falls on Veteran's Day and City Hall is closed. After sane discussion, Ccmni.ssi.oner Higday made a l!Dtion that the NovenDer meeting be held en the third 'lluirsday of the m::nth, ltJveuber 18. The l!Dtion W3S seconded and carried. Concerning Ccmni.ssi.oner Hi.gday' s request to update the pictures of past Ccmni.ssion chai.noon en the in-service training rocm wall, Direct.or Ranarls reported that there is cnly four past chai.noon, C.Olbert Cushing, Perlde Allen, Paul Blessing, and Jack Poole . Ccmni.ssioner Higday suggested that local ph:>tographers be contacted for prices for the photos . Assistant Director Foe reported to the Ccmni.ss:i.a'l en the ph:>to ID systEIII, explaining t hat they ar a little behind scheckJ.le because the systEIII W3S delayed in delivery fran Sachs-Lawlor . The system will be in operation for the caniI1g winter progran schedule . He s rowed a 6811q)le ID card and explained the procel>.lres for acquiring the card . It will be sold for $1 . 50 , ... ittlch will cover costs . The card will be good for a period of ~ y Ccmni.ssicner Higday departed at 7 :00 p .m. si.oner Pool expr ed caicern that Dlglew.xxi prope1:t:y cw,ers (rental prop- • I • • - • • :;rile.ood Parks and Recreation Ccmnission Minutes of October 14, 1983 Page -4- • • • erty owners, business 01oners , e tc.) not living in the city limits o f Eng l el.ood are at t his time considered as non-residents . It was suggested that perhaps this should be discussed with City Ccnncil. Comnissicner GonEs inquired about the tennis court lights that are being l e ft on for l ong periods of tine W'll!!ll they are not in use, th.ls using energy UTieCessarily . In discussion , there i.iere several suggesti.oos offered, including perhaps giving the police patrol cars a key to the switch box for the courts so that ~ passing the courts and s eeing lights oo , and the court not in use, the police could then switch off the lights . Director Romans explained that all lights have a push button that turns lights on for one half hour . Clti.ldren scmetimes turn the lights on for skating or for mischief . Ccmnissioner GonEs entered a uoti.on, secau:led by Oxrmissi.oner lbward, that Di.rector Romans approach City Manager ~ with this possibility. Director Romans asked Youth Cotrlcil lllSIDer Weist if he ~d supply the Comnission nerbers with a copy of his recent article appearing in the Englao:xi Pirateer newspaper concerning a camuu.ty center for f)lglewxxi . Weist stated he wold . The neeting was adjQ\m'led at 7 :20 p.m . • I • • r PRESENT: ABSENT : OTHERS PRESENT : • • - BOARD OF CAREER SERVICE COMMISSIONERS OCTOBER 21, 1982 MINUTES 5d Jo Ellen Turner, Catherine Pokraka, Janet Kerzic , Betty Keena, Donald Weber None Benjamin Craig, Career Service Board Att orney Peter Vargas, Assistant City Manager Tom Holland, Assistant City Attorney Mel BeVirt, Employee Relations Director John Criswell, E.E.A. Attorney Randy Pickrel , E.F.F.A. President Richard Welbourne, E.P.B.A. President Will Carr , E .E.A. President • • • • • • • • Chairman Weber called the meeting to order. Conunissioner Turner moved, seconded by Convnissioner Pokraka to approve the September 16, 1982 minutes. AYES : NAYS : ABSTAIN : Turner , Pokraka , Kerzi L, Weber None Keena • • • • • • • • th A ociations' Choic and Richard W lbourne, E.P.B.A. Pr id Board . • 1 , I • • • • • • received both parties' interp retations of the issue. The Board then recessed o nce again to consider the facts and circumstance s presented to determine wh et her the City's contr i bution level to the pension plan is a mandatory subject for bargaining . Upon the Board's return, Chairman Weber reopened the hearing for d iscussio n by the Board . Commissioner Keena referred to paragraph 137 :5 (a) Mandatory Subjects of the City Charter and stated that contribution levels are listed in that paragragh and are therefore are a mandatory s ubject for barga i ning . Commissioner Turner mov e d , secon ded b y Commissioner Kerzic , that the co ntribution level of the employee pens ion plan is a mandatory subject for bargaining . AYES : NAYS : Turner, Pokraka, Kerzic, Keena , Weber None. Chairman Weber addressed Attorney Criswell and the Employees Association and stated that the Board has d eterm i ned that the City's contribution level to the pensi on plan is a mandat ory subject for bargaining , and asked what further action they required of the Board . Mr . Criswell asked that the Board determine if the City has violated tha t duty in this particular i nstance. Chairman Weber stated that the Board would set a hearing dat e to determine if it has the power to issue a bargaining order and that representatives of both parties should present briefs on the matter to the Board by November 9, 1982. The Board established ovember 18, 1982 at 6 :30 p .m. in the Council Chambers as the hearing date to determine the matter. * * * * * * * The Board wished that th minutes of the Special Hearing of S ptember 16, 1982 regarding the tiles Kubly Appeal be revis d to include the Board's reasoning for its determination . Approval will be determined at th next regular meeting . * * * * * * * Th forth item on th Agenda was th City tanager's Choice . Peter Vargas , Assi t nt City Manager o tter d th ervices of th Admini tra ion in givin a pr ntat1on on th Admini trativ Proc dur s r c ntly provid d Lo th Board . Th Board et a dat of Nov mb r 3, 1982 at 5 ·00 p .m. tom l with th City staff. * * * * • • • Th Car Board direct d th t th al notic of th Public H ring on th Administrativ Proc dur b publish din th Engl wood S ntin 1 on O Lob r 27, 1982 . Th Board th n t blish d th Public Haring d t for Tu .d y, Nov mb r 16, 1982 at 7 :00 p .m . in th Erni And r on Rom t the Polic /Fir Compl x at 3650 So. Ela i Str t . • I • • - • • • • The fifth item on the Agenda was the Commissioners' Choice. Commiss ioner Pokraka requested a clarification of the transmittal letter which accompanied the Administrative Procedures as to the separability clause wh ich will be added to the document prior to enactme nt , Mr. Vargas explained that a separability clause provides that if any segment of th document is found to be unconst itutional, it does not rule that the entire document is unconstitutional. Mr . Vargas further st ated that this addition would be forwarded to the Board prior to the public bearing as w 11 as page four of Chapter 23 which was missing from the Board's packets. Commissioner Pokraka stated that upon the completion of both her and Commissioner Turner 's revi ew of the Charter, the only descrepancy they found of any substance was the "Strike " provision which differs from the published copy in the Sentinel. Commissioner Pokraka also mentioned an error in section C-45(b) of the word "falls" which reads "fails". The Board request ed that the City attempt to correct the printed versions of the Home Rule Charter. Commissioner Turner asked if there were additional copies of the Administrative Procedures for all interested parties. Mr . BeVirt explained that there is not an ample supply but the City would provided copies to the Association Presidents. • • • • • • • • There being no unscheduled visitors, Chairman Weber adjourned th October 21, 1982 regular meeting of the Board of Career Service Commissioners at 8 :45 p.m . ~,qz(d,L nacii.'#eber, Chairman • I • • • NA ADDRESS • -• PUBLIC HEARING Before The CITY COU NCIL ~ on . f}./l/t/f1(J, o(0_ Q ,z(C.4 ct -tni r: zJ ro } TELEPH ONE OBSERVER h -AA -1-;} ti i° <'.AA\ I WISH TO ADDRESS THE CITY COUNCIL IN FAVOR IN OPPOSITION I NO POSITION • - • 11 .J~ 7 0 P.M. 1. • • • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL DECEMBER 6, 1982 ~ Call to order, invocation by Dwight Stensgaard, Grace Ev Lutheran Church ALC, 4750 South Clarkson Street , pledge of allegiance by Boy Scout Troop #92 , and roll call. IF~ Minutes. (a) Minutes of the regular meeting of November 15 , 1982. (Copies enclosed.) ' Pre-Scheduled Visitors. (Please limit your presenta- tion to 10 minutes.) (a) Mr. Gene Turpin, 4690 South Huron Street, will be present to present a flag to the City to be flown at the Englewood Municipal Golf Course Clubhouse. (b) Mr. Sherman Salazar, 4742 South Decatur Street, will be present to discuss the amusement ordinance. 3. Other Visitors. (Please limit your presentation to 5 minutes.) 7 t) 4. Public Hearing. To consider a Bill for an Ordinance appropri- ating the whole cost of the improvements made within the north section in Paving District No. 26, in the City of Englewood, Colorado; approving and confirming the apportionment of said cost to each lot or tract of land in said north section; assessing a share of said cost against each lot or tract of land in the north section; pr scribing th manner for the coll ction and payment of said assessments; and declarin an mergency. (Copies nclosed.) • I • • • • • Page 2 December 6, 1982 Agenda Communications -No Act ion Recommended. (a) Minutes of the Hous ing Author i ty meetings of July 28, August 25, September 9, and 29, 1982. (Copies enclosed.) (b) Minutes of the Board of Adjustment and Appeals meeting of October 13, 1982. (Copies enclosed.) (c) Minutes of the Parks and Recreation Commission meeting of October 14, 1982. (Copies enclosed.) (d) Minutes of the Board of Career Service Commission - ers meeting of October 18, 1982. (Copies enclosed.) (e) Minutes of the Urban Renewal meeting of November 3, 1982. Author ity meeting (Copies enclosed.) (f) Minutes of the Public Library Adv isory Board meeting of November 9, 1982. (Copies enclosed.) (g) Minutes of the Downtown Development Authority, meeting of November 10, 1982. (Copies enclosed.) (h) Minutes of the Downtown Management Committee meeting of November 16, 1982. (Copies enclosed.) (i) Memorandum from the Director of Parks and Recreation to the City Manager concerning his attendance at the 19 82 National Congress on Parks and Recreation held in Louisville, KY. (Copies enclosed.) (j) Memorandum from Captains Hiller and O'Steen to Fire Chief Broman concerning their attendance at the Nevada Arson Seminar. (Copis enclosed.) 6. Communications -Action Recommended. (a) Council Communication from the Water and Sewer Board concerning Addendum No. 1 to South Clay Street Water Users Association. (Copies enclosed.) I • • • • • • • Page 3 December 6, 1982 Agenda 7. City Attorney. Ordinances on Final Reading. (c) (; ,,5' f (d ) ,s1 .Jf ., J. ( ) ~ss Ordinance amending Title IX , Chapter 2, of the Englewood Municipal Code of 1969, as amended , by repealing and reenacting Sections 1 through 8, inclusive, and adding new Sections 9 through 19, inclusive, relating to the control of amusement Devices Ordinance," and declaring an emergency. (Copies enclosed.) Ordinance amending Section (1), {a), Chapter 1, Title XIV, of the Englewood Municipal Code of 1969, as amended, relating to the Model Traf fic Code notice to appear in court and summons provisions. {Copies enclosed.) Ord i nance amending Subsection (a ) (8) of Section 9, Chapter 4, Title XV , of the 1969 Englewood Municipal Co de, as amended, by i ncreasing the schedu le o f rates and charges fo r sewerage servi ce . (Co pi e s enc losed.) Ordinance adopting t h e bu dg et o f the City o f Englewood, Colorado , fo r t he fisca l year 198 3 and de c laring an emergen cy . (Copies enc lo sed.) Ordinance appropr i at i ng monie s for all mun icipal p urposes in the City of Engl wood, Colo rado, in the fiscal year beginnin January 1, 1 98 3 and ,J ');, n d i ng December 31 , 198 3, conatitutin wh t is t rmed the annual appro pri a tion bill fo r t h fisc al year 1983, a nd de cla r in an eme rg n cy. (Copi es enclosed.) (f) Ordin nee autho r izing the contract with the * ([[ City of Littleton, Color do, to jointly operat ., th Joint-Use W st wat r Tre tm nt Facility. ~,:., -t (Copi • nclos d.) () Ordinanc pproving add ndum to the 1982-1983 ,µ~\Contract b t ween th City of Engl wood, Colorado, and th En l wood Employ s Association. (Copi s fr :, ncloa d .) Bills for Ordin nc s • (h) Bill r p alin and re n cting Chap t er 1, 2, 4, nd 9 o Titl Ill, of th 1 969 Engl wood Mu ni- Ir ,., cipal Cod , r lat in o "Building Re gulation," ~ and adoptin by r r nc t h Uniform Building Cod , 1 982 Edition, th Unifor M chanical Cod , 198 2 dition, nd Uniform Pl1.abin Code, 198 2 Edition, 4 and r p alin all ordinanc • or part• of ordinanc • ,t,I · 1--in conflict ther with. (Copi • encloa d.) • I • • - • • • • Page 4 December 6 , 198 2 Ag end a l 7. City Attorne y (Continued). (i)3 Bill amending Sections 1 , 3, 8 a nd 10, Ti tle II, /2.i ~ Chapter 3, Section 1, o f th e 1969 Englewood C!,\--:-' ~vMunicipal Code , adopting by reference the Un iform vt ,&~,V Fire Code, 1982 Edition . (Copies enclosed.) ,+.-~ 1 (j) Bill amending Title XV, Chapter 4, Section 9 ._)), ~»1'~) (a) (6) relating to method of billing customers t_~ ~ for sewerage treatment. (Copies enclosed.) ~~k) Bill approving the transfer of real property ,1,-0 ~ to the City of Sheridan for the use and benef it C,~4" '(v)t.of the City of Englewood. (Copies enclosed .) ~~solutions. (1) $Jr~ Resolution concerning support of federal ant i - trust exemption leg i slat i on for mun i cipal ities. (Copies enclosed.) Oth er Matt ers . Ci ty Ditch Ea sement. (Cop ies enclosed.) (m) (n ) (o) Gran t of Sew e r Line Easement. (Cop i es en c l osed.) Atto r ney 's Choice . -a -ula.lur1.,& 'j, o.r -3 a s A(l u1_ -J:h YI C' /t (-cf /c ,:JU 8 . City Manager. (a) M morandum to the Mayor a n d Members of City Council from the City Manager c o nce r n in g the Golf Course Fees. (Memorandum and Resolution enclosed.) (b) Council Communication from the City Manager concerning animal shelter modification and incinerator repairs. (Copies enclosed.) (c) <; v (d) (e) I Council Communication from the City Manager concerning Resolution for the managerial and supervisory employees for the year 1983. (Copies enclosed.) Council Communication from the City Manager concerning a special meeting on December 21, 1982. (Copies enclosed.) Manager's Choice.-)02a 1f ,t 4.U I J --f ~ a C 0 ~ o Ci J l • H '-fUJ l I • • - • • Page 5 d December 6, 1982 Agena 9. General Discussion. (a) (b) Mayor 's Choice.- Council Memb.er' s 10 • Adjournment, 4~~ AM/sb • • - w I • • • • • • • COUNCIL CH'-MBERS City of Englewood, Colorado November 15, 1982 I()_ REGULAR MEETING: The City Council of the City of Englewood , Arapahoe Coun- ty, Colorado, met in regular session at 7:30 p.m. on November 15, 1 982. Mayor Otis, presiding, called the meeting to order. The invocation was given by Council Member Fitzpatrick. The pledge of allegiance was led by Boy Scout Troops 1115 and 1154. Mayor Otis asked for ro ll call, Upon a call of the roll , the following were present: Council Member s Higday, Neal, Fitzpatrick, Weist, Bradshaw, Otis. Absent: Council Member Bilo. The Mayor declared a quorum present. * * * * * * * Also present wer e: City Manag er Mccown Assistant City Manager Vargas City Attorney Diede Director of Engineering Services Diede Deputy City Clerk Watkins * * * * * * * COUNCIL MEMBER BRADSHAW MOVED TO APPROVE THE MINUTES OP THE SPECIAL MEETING OF OCTOBER 25, 1982. Council Member Fitz- patrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Ab ent: Council Members Neal, Fitzpatrick , Weist, Bradshaw, Otis. None. Council Member Bllo. • I • • - November 15, 1982 Page 2 Abstain: • • • Council Member Higday. The Mayor declared the motion carried. * * * * * * * COUNCIL MEMBER NEAL MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF NOVEMBER 1, 1982. Council Member Bradshaw sec- onded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Neal, Fitzpatrick, Weist, Bradshaw, Otis. None. Council Member Bilo. The Mayor declared the motion carried. * * * * * * * Under pre-scheduled visitors, Mr. Evan Lipstein was not present. In his place was Mr. John Beckman representing Bally, Inc. Mr. Beckman discussed various provisions of the Amusement Or- dinance. Mr. Beckman stated Section 9-2-5 was too restrictive. He suggested changing the language whereby the Director of Finance who is he licensing officer, when approving or disapproving an appli- cation , would take into consideration whether the applicant was convict d of moral turpitude and not use the conviction as the sole determining criteria to disallow the license. Mr. Beckman asked Council to consider changing 9-2-14 (5) by adding •during the operating business hours•. Mr. Beckman asked that the •11censed area under control• be defined. * * * * * * * Mayor Otis asked if there were any other visitors wish- ing to sp ak to Council at this time. * * * * * * * Mr. John Babich came forward and spoke concerning the Amusem nt Ordinance . Mr. Babich disagreed with the fee structure for a restauran versus the fee structure for an amusement center. Mr. Babich stated there was no equity in the fees. I • • November 15 , 1982 Page 3 • • • Council Member F it zpatrick explained the rationale was that restaurant activities were diversified. It took more super - vision to oversee the video games than what it took for an amuse- ment center because v id eo games were an amusement center's main business . Council Member Neal discussed his concerns about the ac ti- vities that take place around amusement centers and the level of enforc ement re~u i red • • • • • • • • R. w. Pickrell, 4284 South Wash ington, came forward. Mr. Pickrell stated he represented Englewood High School on the commi t- tee that reviewed and revised the Amusement Ordinance. Mr. Pick - rell stated the ordinance deals soundly with the problem and the fees have to stay as stated in the ordinance • • • • • • • • Council Member Bradshaw stated she also was a member o~ the committee. She stated it was the consensus of the committee to base the fees on whether the machines generated partial or full income for a business. Ms. Bradshaw stated the investigation fee was based on costs to do the work. Further any change of ownersh ip should undergo a separate investigation at a fee, Ms. Bradshaw stated 9-2-11 and 9-2-12 addressed the curfe w limits. There woul d be no cause for revocation for poor lighting . Section 9-2-14 ad- dressed the activities for wh ich police are to be called. Sec- tion 9-2-17 changed the timeframe for license application from 90 o 120 days . Ms. Bradshaw expressed appreciat ion to those people who serv don he committee. Ms. Bradshaw ref renced the written material from which much information was used. COU NCIL MEMBER ~IGOAY MOVED TO SUS PEND THE RULES ANO TO MOVE FORWARD AGENDA ITEM 78 -THE AM USE MENT ORDI NANCE, Council M mb r Bradshaw conded the mo ion. Upon a call of the roll, the voe r sul ed as follows: Ayes: Nays: Ab sen Council Members Higday, Fitzpatrick, Weist, Bradshaw, Otis. Council Member Neal. Council M mber Bilo. Th M yor declared he motion carried. Y AUTHORITY • I • • n November 15, 1982 Page 4 ORDIN ANCE NO. SERIES OF 1982 A BILL FOR • • - COUNCIL BILL 41.1 INTRODUCED BY COUNCIL MEMBER FITZPATRICK AN ORDINANCE AMENDING TITLE IX, CHAPTER 2, OF THE ENGLEWOOD MUNICI - PAL CODE OF '69, AS AMENDED, BY REPEALING AND REENACTING SECTIONS 1 THROUGH 8, INCLUSIVE, AND ADDING NEW SECTIONS 9 THROUGH 19, INCLU- SIVE, RELATING TO THE CONTROL OF AMUSEMENT ESTABLISHMENTS, COMMONLY KNOWN AS "AMUSEMENT DEVICES ORDINANCE", AND DECLARING AN EMERGENCY. COUNCIL MEMBER FITZPATRICK MOVED TO PASS COUNCIL BILL NO. 41.1, SERIES OF 1982, ON FIRST READING. Council Member Bradshaw seconded the motion. CO UNCIL MEMBER NEAL MOVED TO AMEND THE BILL BY CHANGING IN S ECTION 9-2-5 (b) "SHALL REFUSE" TO ·MAY REFUSE·. Council Member Higday seconded the motion. After discussion , Council Member Higday withdrew his sflc- ond to the motion. Council Member Neal withdrew his original mo- tion. COUNCIL MEMBER NEAL MOVED TO AMEND THE BILL IN SECTION 9-2-5 (b) (4) BY STRIKING •HAS BEEN CO NVICTED OF A FELONY OR MIS- DEMEANOR INVOLVING MORAL TURPITUDE OR LACKS GOOD MORAL CHARACTER• AND ADDING •LACKS GOOD MORAL CHARACTER. THERE IS A REBUTTABLE PRE- SUMPTION THAT THE PERSON LACKS GOOD MORAL CHARACTER IF THAT PERSON HAS BEEN CONVICTED OF A FELONY OR A MISDEMEANOR INVOLVING MORAL TURPITUDE". Council Member Weist seconded the motion. Upon a call of the roll, the vote on the amendment resulted as follo ws: Ayes: Nays: Abs n Council Members Higday, Neal, Weist, Bradshaw, Otis. Council Member Fitzpatrick. Council Member Bilo. The Mayor declared the motion carried. COUNCIL MEMBER HIGDAY MOVED TO AMEND THE BILL BY CHANGING SECTION 9-2-8 (a) FROM "($3S)" TO "($SO)• AND 9-2-8 (b) FROM "($70)" TO "($100)". Mo ion did for lack of as cond. COUNCIL MEMBER FITZPATRICK MOVED TO AMEND THE BILL BY ADDING AT THE END OF SECTION 9-2-14 (a) (S) ·DURING THE OPERATING BUSINESS HOURS·. Council Member Brad haw econded the motion. I • • - • November 15, 1982 Page 5 ,· • • • Upon a call of the roll, the vote on the amendment resulted as follows: Ayes: Nays: Absent: Council Members Higday, Neal, Fitzpatrick, Weist, Bradshaw, Otis. None. Council Member Bilo. The Mayor declared the motion carried. COUNCIL MEMBER BRADSHAW MOVED TO AMEND THE BILL IN SEC- TION 9-2-4 BY CORRECTING THE SPELLING OF •APPLICATION•. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote on the amendment resulted as follows: Ayes: Nays: Absent: Council Members Higday, Neal, Fitzpatrick, Weist, Bradshaw, Otis. None. Council Member Bilo. The Mayor declared the motion carried. COUNCIL MEMBER WEIST MOVED TO AMEND THE BILL BY NOT CHANG- ING FEE IN SECTION 9-2-8 (al BUT CHANGING THE FEE IN 9-2-8 (bl FROM •($701• TO •($50)". Motion died for lack of a second, COUNCIL MEMBER NEAL MOVED TO AMEND THE BILL BY CHANGING THE FEES IN SECTION 9-2-8 (a) AND (bl BOTH TO •($501•. Council Member Weist seconded the motion. Upon a call of the roll, the vote on the amendment resulted as follows: Ayes: Nays: Absent: Council Members Neal, We ist , Otis. Council Memb rs Higday, Fitzpatrick, Bradshaw. Council Member Bilo. The Mayor declared the motion defeated. Upon a call of th roll, the vote on the original motion resulted as follows: Ay s: Council Memb rs Higday, Neal, Fitzpatrick, Weist, Bradshaw, Otis • • I • • November 15, 1982 Page 6 Nays: Absent: • • • None. Council Member Bilo. The Mayor declared the motion carried. * * * * * * * Mayor Otis asked if there were any other visitors wishing to speak before Council at this time. * * * * * * * John Burnett, 2910 South Delaware, appeared on behalf of the Englewood Jaycees. Mr. Burnett gave a report on toe 4th of July celebration. Mr. Burnett stated the Jaycees were no longer "in-the-red" financially. Mr. Burnett thanked Council for their contributions and for permitting the Jaycees to charge an admis- sio n fee for the 4th of July fireworks show. John Burnett then discussed several items. Mr. Burnett stated the Jaycees wanted to put in a bid for the Chamber of Com- merce building when it comes up for removal by the Urban Renewal Authority in the Little Dry Creek Improvement Pro ject. Mr. Burnett stated "Jaycee Week" was January 16 through 22 , 1983, and asked for a commitment from Council to be available for a "Night wi th the Mayor and City Council" January 19. Mr. Bu rne tt also asked how to make arrangements to be a part of Council study session. Mayor Otis asked Mr. Burnett to cont a ct the City Manage r's office to coordinate the requests. Mr. Burnett concluded his discussion by announcing the Jaycee Christmas Tr e sale would begin Decemb r 11 and continue on weekends onl y through Christmas. * * * * * • • COU NCIL MEMBER BRADSHAW MOVED TO OPE N THE PUBL IC HEAR ING TO CONSIDER AN AMENDMENT TO THE ENGLE WOOD DOWNTOWN REDEVELOPMENT PLAN. Council Memb r Fitzpa rick seconded the motion. Upon a call of the roll, the voe resulted as follo ws: Ayes: N ys: Council Members Higday, Nea l , Fitzpatrick, Weis , Bradshaw, Otis . None. • I • • -• • • November 15, 1982 Page 7 Absent: Council Member Bilo. The Mayor declared the motion carried. Dick Hinson, Economic Development Planner, was present re - presenting the Department of Community Development. Mr. Hinson stated the amendment to the Downtown Redevelopment Plan listed pro - perties from Broadway east to Englewood High School Athletic Field . Mr. Hinson stated this was the first step to be taken if Council decides to acquire the property. Mayor Otis asked for comments from the audience. Al Finer, 3524 South Broadway, came forward. Mr. Finer asked if one of the properties listed was the property on which the surplus store was located. Mr. Hinson stated it was not included. Fred Kaufman, 3395 South Broadway, came forward. Mr. Kaufman endorsed the amendment on the basis it was an action of proceeding forward in the downtown redevelopment plan. Council asked that the map presented by Mr. Hinson be made a par t of this record. There were no other comments from the audience. CO UNCIL MEMBER BRADSHAW MOVED TO CLOSE THE PUBLIC HEARING. Council Member F itz patri c k seconded the motion. Upon a call of the roll, the v ote resulted as follows: Ayes: Nays: Absent: Council Memb ers Higday, Neal, F i tzpatrick, Weist , Bradshaw, Otis . None. Council M mber Bilo. The Mayor declar d the motion c rr ied . Council M mber Neal asked Mr. Hinson to cla r ify what s rue ur were involv do her han he office mention din his presentation. w s th t thi Mr. Hinson s a ed h service station at Logan and Hampden oth r on • Th s ructure• w re bing listed and pre s nted ime in case i was de rmined they w re o be taken at a I • • November 15, 1982 Page 8 • • • later date. Mr. Hinson stated the listing did not mean the proper - ties will be acquired. COUNCIL MEMBER BRADSHAW MOVED TO INCLUDE ADDENDUM f3 TO THE DOWNTOWN REDEVELOPMENT PLAN TO BE ADDED TO PAGE 39 (A) BEFORE THE LAST PARAGRAPH. Council Member Neal seconded the motion. Upon a call of the roll, the vote resulted as follows: were: Ayes: Nays: Absent: Council Members Higday, Neal, Fitzpatrick, Weist, Bradshaw, Otis. None. Council Member Bile. The Mayor declared the motion carried. * * * * * * * "Communications -No Action Recommended• on the agenda (a) (b) (c) (d) (e) ( f) Minutes of the Board of Adjustment and Appeal s meeting of September 8, 198~. Minutes of the Planning and Zoning Commission meetings of September 28 and October 5, 1982. Minutes of the Urban Renewal Authority meet- ings of October 6 and October 20, 1982. Minutes of the Downtown Development Authority meeting of October 13, 1982. Minutes of the Water and Sewer Board meeting of October 13, 1982. Minutes of the Liquor License Authority meet- ing of October 27, 1982. COU NCIL MEMBER NEAL MOVED TO ACCEPT •coMHUNICATIONS -NO ACTION RECOMMENDED•, AGENDA ITEMS 5(A) -5(f). Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, W 1st, Bradshaw, Otis, None. I • • - • November 15, 1982 Page 9 Absent: Council Member Bila. • • • The Mayor declared the motion carried. * * * * * * Mayor Otis declared a recess at 8:50 p.m. vened at 9:05 p.m. Mayor Otis asked for roll call. the roll, the following were present: * Council re con- Upon a c a ll of Council Members Higday, Neal, Fitzpatrick, Wei st, Bradshaw, Otis. Absent: Council Member Bila. The Mayor declared a quorum present. * * * * * * * City Attorney DeWitt presented Council Bill No. 55, Series of 1982, which deals with the contract ~ith the City of Littleto~, Colorado, and the City of Englewood for the Joint-Use Wastewater Treatmen t Facility. Mr. DeWitt recommended tabling Council Bill No. 55 and considering in its place Council Bill No. 60, Series of 19 82, whi ch is Draft t7 and appears later on the agenda. ORD I NAN CE NO. SERIES OF 1982 BY AUTHORITY COUNCIL BILL NO. 55 INTRODUCED BY COU NCIL MEMBER HIGDAY AN ORDINANCE AUTHORIZING A CONTR ACT WITH THE CITY OF LITTLETON, COLORADO, TO JOINTLY OPERATE THE JOINT-USE WASTEWAT ER TREAT MEN T FACILITY. COUNCIL MEMBER HIGDAY MOVED TO TABLE COUNCIL BILL NO. 55, SERIES OF 1982. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Neal, Fitzpatrick, Weist, Bradshaw, Otis. Non • Council Member Bila. The Mayor declared the motion carried. * * * * * * * • I • • - • November 15, 1982 Page 10 ORDINANCE NO. SERIES OF 1982 BY AUTHORITY A BILL FOR • • • COUNCIL BILL NO. 56 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE AMENDING SUBSECTION (a) (8) OF SECTION 9, CHAPTER 4, TITLE XV, OF THE 1969 ENGLEWOOD MUNICIPAL CODE BY INCREASING THE SC HEDULE OF RATES AND CHARGES FOR SEWERAGE SERVICE. COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL NO. 56, SERIES OF 1982, ON FIRST READING. Council Member Fitzpatrick sec- onded the motion. Upon a call of the ro ll , the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Neal, F itz patrick, Weist, Bradshaw, Otis. None. Council Member Bilo. The May o r declared the motion carried. ORDINANCE NO. SERIES OF 1982 * * * * BY AUTHORITY A BILL FOR * * * COUNCIL BILL NO. 4 7 INTRODUCED BY COU NCIL MEMBER FITZPATRICK AN ORDINANCE AMENDING SECTION (l) (a), CHAPTER l, TITLE XIV, OP THE ENGLEWOOD MUNICIPAL CODE OF 1969, AS AMENDED, RELATING TO THE MODEL TRAFFIC CODE NOTICE TO APPEAR IN COURT AND SUMMONS PROVISIONS. COUNCIL MEMBER FITZPATRICK MOVED TO PASS COUNCIL BILL NO. 47, SERIES OF 1982, ON FIRST READING. Council Member Bradshaw sec- onded the motion. Upon a call of the roll, th vote resulted as follows: Ayes: N ya: Council Members Higday, Neal, Fitzpatrick, Weist, Bradshaw, O is. Non • • I • • ~- • • November 1 5, 1982 Page 11 Absent: • • • Council Member Bilo, The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1982 * * * * BY AUTHORITY A BILL POR * * * COUNCIL BILL NO. 60 INTRODUCED BY COUNCIL MEMBER HIGDAY AN ORDINANCE AUTHORIZING A CONTRACT WITH TH~ CITY OF LITTLETON, COLORADO, TO JOINTLY OPERATE THE JOINT-USE WASTEWATER TREATMENT FACILITY. COUNCIL MEMBER HIGDAY MOVED TO PASS COUNCIL BILL NO. 60, SERIES OF 1982, ON FIRST READING. Council Member Fitzpatrick se~- onded the motion, Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Neal, Fitzpatrick, Weist, Bradshaw, Otis. None. Cou n cil Member Bilo. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1982 • * * * BY AUTHORITY A BILL FOR * • * COUNCIL BILL NO. 61 INTRODUCED BY COUNCIL MEMBER FITZPATRICK AN ORDINANCE APPROVING ADDENDUM TO THE 1982 -1983 CONTRACT BETWEEN THE CITY O ENGLEWOOD, COLORADO, AND THE ENGLEWOOD EMPLOYEES ASSOCIATION. • I • • - • November 15, 1982 Page 12 • • • COUNCIL MEMBER FITZPATRICK MOVED TO PASS COUNCIL BILL NO . 61, SERIES OF 1982, ON FIRST READING. Council Member Bradshaw sec - onded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Neal, Fitzpatrick, Bra d shaw , Otis. Council Member Weist. Council Member Bilo. The Mayor declared the motion carried • ORDINANCE NO. SERIES OF 1982 • * • * BY AUTHORITY • * * COUNCIL BILL NO. 59 INTRODUCED BY COUNCIL MEMBER FITZPATRICt AN ORDINANCE APPROVING THE WHOLE COST OF THE IMPROVEMENTS MADE WITHIN THE NORTH SECTION IN PAVING DISTRICT NO. 26, IN THE CITY OF ENGLEWOOD, COLORADO; APPROVING AND CONFIRMING THE APPORTIONMENT OF SAID COST TO EACH LOT OR TRACT OF LAND IN SAID NORTH SECTION; ASSESSING A SHARE OF SAID COST AGAINST EACH LOT OR TRACT OF LAND IN THE NORTH SECTION; PRESCRIBING THE MANNER FOR THE COLLECTION AND PAYMENT OF SAID ASSESSMENT S; AND DECLARING AN EMERGENCY. COUNCIL MEMBER FITZPATRICK MOVED TO PASS COU NCIL BILL NO. 59, SERIES OF 1982 , ON FIRST READING AND TO AMEND THE BILL BY ADD- ING ·A BILL FOR·. Council Member Bradshaw seconded the mo ion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Neal, Fitzpatrick, Weist, Bradshaw, Otis. None. Council Me~ber Bilo. The Mayor declared the motion carried • RESOLUTION NO. 46 SERIES OF 1982 • * * * * * * I • • • November 15, 1 982 Page 13 • • • A RESOLUTION AUTHORIZING THE NOTIFICATION OF PROPERTY OWNERS OF ASSESSMENTS WITHIN THE NORTH SECTION IN PAVING DISTRICT NO. 26 AN O ESTABLISHING A DATE FOR A PUBLIC HEARING ON SAID ASSESSMENTS . City Attorney DeWitt noted the resolution set the pub lic hearing date for December 6, 1982, and recommended approval. COUNCIL MEMBER FITZPATRICK MOVED TO PASS RESOLUTION NO. 46, SERIES OF 1982. Council Member Neal seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Neal, Fitzpatrick, Weist, Bradshaw, Otis. None. Council Member Bilo. The Mayor declared the motion carried. * * * * * * * City Attorney DeWitt presented a grant for a fence ease- ment by Mr. and Mrs. Massengale to the City of Englewood. COUNCIL MEMBER BRADSHAW MOVED TO ACCEPT TH E GR ANT OF A FENCE EASEMENT. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Neal, Fitzpatrick, Weist, Bradshaw, Otis. None. Council Member Bilo. The Mayor declared the motion carried. * * * * * * * City Attorney DeWitt provided information in the matter of the Odd Fellows case. Mr. DeWitt stated the Judge has ruled the ordinance creating the district and assessing the cost was uncon- stitutional. Mr. DeWitt stated he was evaluating the opinion and any alternatives there might be as they relate to the impact on bond indebtedness. He would give an updated report at the December 6th meeting. He stated he was considering an appeal and requested Council's approval • I • • - • • November 15, 1982 Page 14 • • • COUNCIL MEMBER NEAL MOVED TO AUTHORIZE THE CITY ATTORNEY TO FILE FOR A STAY AND MOTION OF APPEAL IN THE MATTER OF JUDGE FRIEDMAN'S DECISION IN THE ODD FELLOWS CASE. Council Member Brad- shaw seconded the motion. Upon a call of the roll, the vote re- sulted as follows: Ayes: Nays: Absent: Council Members Higday, Neal, Fitzpatrick, Weist, Bradshaw, Otis. None. Council Member Bilo. The Mayor declared the motion carried. City Attorney DeWitt stated Bill Lamm, the attorney who prepared the ordinance, has offered to assist in the case at no expense to the City. RESOLUTION NO. 47 SERIES OF 1982 * * * * * * * A RESOLUTION AMENDING THE PROPOSED 1983 BUDGET. COUNCIL MEMBER BRADSHAW MOVED TO PASS RESOLUTION NO. 47, SERIES OF 1982. Council Member Fitzpatrick seconded the motion. Council Member Neal requested the City Manager to look for savings in the 1983 budget and to propose a contingency plan. Further, that capital outlay items be deferred except on an emer- gency appeal to the City Manager. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Neal, Fitzpatrick, Weist, Bradshaw, Otis. None. Council Member Bilo. The Mayor declared the motion carried • * * * * * * * BY AUTHORITY ORDINANCE NO • COUNCIL BILL NO. 57 I • • - November 15, 1 982 Page 15 S ERIES OF 1982 A BILL FOR • • • I NTRODUCED BY CO UN CIL MEMBER HI GDAY AN ORDINANCE ADOPTING THE BUDGET OF THE CITY OF ENGLEWOOD, COLORADO, FOR THE FISCAL YEAR 1983 AND DECLARING AN EMERGENCY, COUNCIL MEMBER HIGDAY MOVED TO PASS COUNCIL BILL NO, 57, SERI ES OF 1982, ON FIRST READING. Council Member Bradshaw sec- ond ed the motion. Upon a call of the roll, the vote resulted as fol lows: Ayes: Nays: Absent: Council Members Higday, Neal, Fitzpatrick, Weist, Bradshaw, Otis. None. Council Member Bila. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1982 * * * * BY AUTHORITY A BILL FOR * * * COUNCIL BIL L NO. 58 INTRODUCED BY COUNCIL MEMBER FITZPATRICK AN ORDIN ANCE APPROPRIATING MONIES FOR ALL MUNICIPAL PURP OSES IN THE CITY OF ENGLEWOOD, COLORADO , IN THE FISCAL YEAR BEGINNING JANUARY 1 , 1983 AND ENDING DECEMBER 31, 1983, CONSTITUTING WHAT IS TERMED THE ANNUAL APPROPRIATION BILL FOR THE FISCAL YEAR 1983, AND DE- CLARING AN EMERGENCY, COU NCIL MEMBER FITZPATRICK MOVED TO PASS COUNCIL BILL NO. 58, SERIES OF 1982, ON FIRST READING. Council Member Neal sec- onded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nay Abs nt: Council Members Higday, Neal, Fitzpatrick, Weist, Bradshaw, Otis. None. Council Member Bilo. ---------~~~-----~~--~----'· I • • • November 15, 1982 Page 16 • • • The Mayor declared the mo tion carried . * • • • • * * City Manager Mccown asked if there were any negat ive con- cerns over his budget memo proposing certain actions to cut ba ck expenditures for 1982. Council expressed none. * • * * • * * City Manager McCown excused himself from the meeting at 9:40 p.m. He was feeling ill. * * * * * • * Assistant City Manager Vargas presented a Council Communi- catio n from the City Manager concerning an award of construct ion contract for West Baltic Place Sanitary Sewer Extension. Mr. Vargas recommended the award be given to Diamond Re-Serv-A l, th J low b i dder. COUNCIL MEMBER FITZPATRICK MOVED TO AWARD THE CONSTRUCTION CONTRACT FOR WEST BALTIC PLA CE SANITARY SEWER EXTENSION, PR OJECT NO. BPSS-82 TO DIAMOND RE-SE RV-ALL IN THE AM OU NT OF $12,353.50. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Aye s: Council Members Higday, Neal, Fitz p atrick , We ist , Bradshaw, Otis . Nays: None. Absent: Council Memb er Bilo. The Mayor declared the mo ion carri d. * • • * • • • COUNCIL MEMBER NEAL MOVED TO DIRECT THE CITY MANAGER TO PREPARE FOR COUNCIL BY JANUARY 15, 1983 A PLAN WHEREIW UNDER THE CURRENT BUDGET , ASSUMING THE CITY RECEIVES THE PROJECTED REVENUE, THE CITY MANAGER CAN SAVE $200,000 FROM THE CURRENT BUDGET BE THAT FROM TURNOVER OR WHATEREVER; ANO TO PREPARE A CONTINGENCY PLAN FOR THE CITY SHOULD THE PRESENT ECONOMIC TRENDS CO NTINUE AT THE GITY REVENUES; AND TO DEFER IN THE FIRST QUARTER OF 1983 CAPITAL ITEMS UNLESS APPROVED BY THE CITY MANAGER BY SP CIAL APP AL BY DEPART- MENT. Council M mb r Fitzpatrick a conded he mo ion, Upon a call of the roll, the vo reaul d aa follows: I • • -• • • November 15, 1982 Page 17 vote. Ayes: Nays: Absent: Council Members Higday, Neal, Fitzpatrick, Weist, Bradshaw, Otis. None. Council Member Bilo. The Mayor declared the motion carried. * * * * * * * There was no further business to be discussed. * * * * * * * COUNCIL MEMBER HIGDAY MOVED TO ADJOURN. Mayor Otis adjourned the meeting at 9:45 p.m. without a I • • ..... -• • • DOWNTOWN MAN AGEMENT COMM ITTEE NOVEMRER 16, 1982 3:00 P. M. Committee member s present: Jim Mosier, Do n En,:i1•.11, M,1,· Haviland. Committee members absent: Susan Powers Others presen t: Gary Die de , Peter Varga s, Dorothy Roman s , Fred Kaufman, Pat Carrol l (Design Workshop), Dick Hinson The first topic for discussion was the prepar ation of Design Guidelines for Broadway. Pat Carroll (DWI) gave a br ief over- view of some drawings of building facades and Don En sirn in- dicated thre e types of r ehabilitation acLiviLi<.•:: Ll1 ;1 1 . .;1111ld hopefully be undertaken in that area : 1) Cosmetic, such as painting and changin g signs; 2) Major facade renovation ; 3) Building reconstruction. Dick Hinson added that CDBG funds have been applied for Lo be used for architectural desi g n and building rehabilit aLinn g rant s. Fred Kaufman stated that int erest has been e xpr essed uy some merchants along Broadway as to the availab ility of th e funds. Pete Vargas said that it should be emphasized that th e CDBG funds have been applied for but the applic ation has n ot i>L'l'll approved as yet. The discuss ion then turne d to the selection of archit cLs for work along Broadway . Don suggested that a small li s t ur ri r rns be developed that can be referred to merch ants or stor o wners who do not have an architect of their own . He sugge st c>cl t ha proposals could be requ ested fr om firms who had contilLlt.:d Di ·k Hinson expressing an interest in the project . Pe e V,irg.is added that by using a small gro up of firms, an educat ·onal process on what the city and merchants wanted to accomplish on Broadway would not have to be undertak n for s r ie., of new archite cts brought into the project. Que sLions wer r i ed as to the reasonableness of limiting the list of architects that would b r commend d to the merchants. Don Ensign sugg sted that Lr criteri could be utili~ed to evaluate th proposals of archit ectural firms : 1) 2) 3) Process to work with client; How thy would respond to th design guid lines; Fee structure, nd how they would bill. Mr. Carroll continu d in th expl nation or the prclimi 1wt·y r commend tion for Broadw y f cads. Mr. K ufman s id th t these d signs hould b pproach d from pr ctic l st ndpoint. He used cloth awnings as an xample of ad sign which might b a sthetic lly pl asing, but could er t probl m with uch things as snow r moval nd maint nanc . Mr. Ensign r •pl' d • I • • n • • • • -2 - that such practical consid er ations would b e included i1 1 Lhc final recommendati ons. Mr. Kaufman then raised the question of wh o would be r,·!,p<>n s i - ble for the undergroundin g of utilities wh ich might In-1111d(·1·- taken in conjunction with l\roadwny rchah-il i 1.-,1 io11 . <:.11 1 l1i ,·d,· responded that the responsi b ility of payin g fur-undtq;uJ u11J i n g would depend on the purpose behind the ac tivity. For example: 1) If the undergrounding wa s functional, say, to expand service or elim inate problems, it could logic a I ly b ' ar-gued L11aL the appropriate utility would be responsible for the co st. 2) If the underground was pure ly cosmetic , say , to impr-ove the appearance of the Broadway area onl y, the city or other public agency might be considered respons ible for s uch costs. To determine the availablLL y of funds for reh;ti>iijL;1Li1111 uil1c•1 · than grant monies, Mr. Ensi gn suggested that banks be contacted and encouraged to establish low interest loan pools for local merchants. Fred Kaufman said local businessmen could be shown how an investment in their physical plant could increase the value of their property . This type of educational program might induce the merchants to consider loans for build ing im- provements. Mr. Haviland said that it wa s hi s experience Lhat banks want to enter into programs where their money wa s levcra~inr, public funds, such as CDBG f unds. He said thaL he did noL wanL to talk to the banks until he knew that public monies would be available. Dick Hinson said that a low intere st loan program should be investigated whether the CDBG grant came thr ough or not . Fred Kaufman stated that he would contact the banks as the possibility of such a pr ogram. The next topic of discuss ion was the preparation of a relocation plan for displacees. Dick Hinson explained that the reason for the placement of this item o n the Agenda was the continued con- cern of certain bus i nessm ninth Redev lopm nL Are a over-Lhe level of relocation funds tha t would be available if Lhey were displaced by the Project. Mr. Hinson stated that there had been no documentation presented before any public body to dispute the $10,000 upper limit the Downtown Red velopment Plan plnces on relocation payments for busin sses. H stated th t dditional monies could be approv d by the Urban Renewal Authority for re- location if it was felt th L such monie w r docum nt d nd jus tified . It was ther for suggest d th n v lu,tion or the real cost of r locatin6 pot nti lly rr cL <l n rch nts b undertaken to determine if t he existing limit was unr listic. Mr. Kaufman suggested going to th m rch nLs, h lping them s cur bids for movings rvices (with no commitm nts to und r- take such a mov ), and possibly pr pr pl n for r locating affected merchants in oth r portion of th downtown r a. Pt Vargas int rj • s hould I • • - • • • • -3- 1) Alleviate continued un eas iness among the mer ch~1n1 ,. , .,,,d 2) Indicate concern for the affected individuals. The question was raised as to the body whose role it shc,uld be to undertake this pror,r :im . Don Ensign ,;;, i ti t hnL II!' I",· I I EDDA should be responsib le fo r contact wiL h Lhe busine :;smen . Mr. Hinson agreed because of EDDA's close relationship to the local business community. Mr. Haviland did not feel as though it was EDDA's role to do this. Mr. Kaufman stated thaL he felt Mr. Hinson should par tic ipate with ED DI\ in conli1cL i.ng the local businesses and devel op ing moving information. Mr . Hinson replied that he felt it would be inappropriat e for any repre- sentative of the Ci ty or Urb an Renewal Authority to be involved in soliciting cost estimates for moving expen ses because such involvement might be interpreted to mean that the City or Urban Renewal Authority would be committed to pa y whatever cosrs were developed . Mr. Kaufman, Mr. Hinson, and Mr. Haviland all agreed to the need for developing cost estimates for moving potent ially af- fected merchants. There was, however, a lack of agreement on who should undertake the task. Mr. Ensign suggested three areas that should be addressed: 1) Getting moving estimates from stores and moving companie s ; 2) Getting suggestions fr om merchants on what they 'r • looking for in new quarters; 3) Discussing ideas and alternatives for relocation. Mr. Diede and Mr. Hinson said that they would discuss Lhis project with Andy McCown to determine what course of acLion he thought would be appropriate. Mr. Kaufman addressed Jim Mosi er and suggested that it would be helpful for a Brady representative to b more visible Lo local businessmen. Mr. Mosier stated that Brady was noL in position co make concrete arrangements with anyone unLil the Development Agreement is signed. Mr. Ensign added that h believed everyone understood the necessi ty of signing the Agreement before d t ils for acquisition and relocation were finalized. How v r, h mph siz d the importance of continuous contact with m rch nt to discuss options and present updat s. Mr. Mosier s id that if Mik Haviland would set up an iL m on EDDA's monthl y g nd for him to talk with th Board memb rs, he would b th r . After th 1st g nd item was discussed, Don Ensign qu stion d Mik Haviland as to th r s oning b hind th requ st [or AmcricJn Citicorp (a Rouse ubsidiary) to make a pr s ntation b•forc th EDDA Board. Mr. Ensign r stat d a concern h had o[Len r peat d, th t gr at d l of "up front" money was going to b n d d for th Rd v lopm nt Proj ct nd ny 1 rg expen<li - tur s for consult nts, studi s, tc. t th curr nt tine ~hould b clos ly monitor d nd agr d upon by th Mang m nt Committ r gardless of wh t body wa going to xp nd th fund . Iii chi r cone rn w s that the $20,000 limit uthoriz d by EDDA for Am·ri n • I • • - • • • • • Citicorp to do a critique of the existin g plans might 1101 n·,:u IL in anything that could be p ut to productive use. lie won<lere<l why M~. Haviland had contacted that organ ization and circum- vented the Committee. Mr . Haviland stated that co ntacting Am e r i c an Citicorp 1-,w~ nuL his idea, but that of the EDDA Board . He s aid t ha t he con t ac ted American Citicorp at the direction of his Bo a rd . He also stated that he offered neither positive nor negative c omm e nt s o n th e Board's desire to contract with American CiL i corp, .ind in :1L- tempting to develop a contract he was only carryin g o u t t h e Board's wishes. He asked for, and received , an apolo gy from Mr. Ensign for his misunderstanding of the si tuation . The meeting then adjourned at 5:40 P. M. sj~'i~'V{ Wm. Richard Hinson Economic Development Planne r • I • • - .-. • • • Si M E M O R A N D U M ---------- TO: Andy Mccown, City Manager FROM: E. P. Romans, Director of Parks and Recreation DATE: November 16, 1982 SUBJECT: Report on the 1982 National Congress on Parks and Recreation held In Louisville, Kentucky This year's Congress was heavy on education and professional development sessions . For the second year at the Congress, Special Continuing Units (CEU) were offered for certain programs throughout the Congress. As you are probably aware, CEU is ten contact hours of education specially designed to fulfill requirements for certification or to continue one's professional growth. Between the NRPA (National Recreation and Parks Association) Board of Trustees meetings and meetings of cOfllllittees that the Board has assigned to me, as well as the Congress sessions, the Congress presented a very busy conference of six days . Some of the best sessions I attended were: New Federalism -Explored the changing roles of government and the effect It will have on the Recreation Del Ivery Serv ice. Recreat ion a s a Counter to Drugs and Del inquency -New lifestyles call for new approaches in In volv ing people, especially children, In long time absorbing recreation interests -an old problem with a new approach. Gerofitness -Fitness for Senior Citizens -A look Into the Increasing Importance of giving senior citizens opportunities to keep physically and mentally flt for the remaining years of their 11 fe . Usln Mark etln Technl ues to Serve More Peo le and to Increase Revenue s - Use o business techniques and methods to Increase recreation attendance and revenues. A few of these are use of surveys, paid advertising, attention to customer satisfaction, etc . Wa shington Wrap-up -Review and report on national policies and legislative Issue concerning recreation as addressed by the 97th Congress and the Reagan Admin is tration, discussion on the 98th Congress nd their future executlv actions . The Video Game Phenomenon -Pro and Con -Are they appropriate recreational activity? A councilman, Patr ick Huels, who lntroduc d legislation In Chicago to restrictive use; a parent, Mr s. R. L nwn, who ha b come a national spokesperson on adverse eff cts; a vice-president from the Atari Company; and a psychologist, Dr . 8 . David Brooks, from California, presented a spirited debate on the ny concerns of video g s. Pl as sen w paper clippings attach d , • 1 I I • • - • • • • • -2 - Overall, the conference was very worthwhile . All program sessions seemed to be we l l planned and with good speakers . The experience of being a member of the NRPA Board of Trustees will be a Jong remembered experience. It is prov i ding an ex- cellent view of what Is happening in recreation throughout the nat i on . EPR/lw Encl . I • • In TO: FROM: DATE: SUBJECT: • • • James Broman, Fire Chief Captains G. Miller and R. O'Steen November 23, 1982 NEVADA ARSON SEMINAR During the week of November 1, 1982, Captains Galen Miller and Roy O'Steen attended the 3rd Annual Nevada Arson Seminar in Las Vegas, Nevada. The seminar was hosted by the Clark County Fire Department with attendance by Fire and Police personnel from 18 states. overall, the seminar was excellent in content and instructed by speakers who were very knowledgeable in their respective fields. The for- mat of the seminar consisted of lectures, written exercises, a field trip to review the computerized fire protection system in the rebuilt MGM Grand, a field exercise concentrated on vehicle fires, and a field session featur- ing actual demonstration of c hemical incendiary devices. The bottom line concerning this seminar, as well as any other training session, is, of course, the question of cost versus gain. Was the cost ot sending two investigators to Las Vegas for a week worth it? Miller and O'Steen are agreed that the practical application of new concepts learned at the Nevada Seminar should increase the success of the Fire Investigation Bureau in the detection, investigation and prosecution of arson fires within the City. This benefit, we feel, is well worth the time and money it took for the seminar. Those areas that were not new to Miller and O'Steen were a welcomed review of basic investigation principle that do not c hange. Those areas that were new, are concepts that can and should be applied not only in Englewood, but also 1n Arapahoe County. Perhaps the greatest gain from th seminar will be seen if Miller's and O'Steen's future efforts are successful in the formation of an Arapahoe County Arson Task Force. Some of the especially interesting and helpful sessions, along with some practical application are as follows: 1) Constitutional Law, Search Warrants, Confessions, Defend n 's Right to Discovery, and Pr paration for th Arson Trial pr sented by John waw rna, Clark County Deputy District Attorney. John's subjects will be ea cially h lpful as w prepare to go to court in th Mountain States Plastics arson fire as w 11 as ny other follow- up investigat ons the Bureau does on future arsons. 2) Locating a Missing Witness and Sources of Infor- 111at on by John Rice, Senior Agent, Bureau ot Alcohol, Tobacco and Pireal'IIUI . • I • • 'Arson Seminar Page Two • • • This study opens many new avenues in gathering personal data and using that data to locate wit- nesses and suspects. 3) Your Responsibilities in Product Liability Fires, Civil Court Case Preparation, Electrical Fires, Obtaining Lab samples by Barker Davie of the Barker Analytical Laboratory. Barker's knowledge was both extensive and im- pressive. One area in which he was a tremendous help was in the determination of whether a fire caused the electrical short or visa versa. Also, a new and useful concept in obtaining air samples from the fire scene was presented during this session. 4) Vehicle Fires presented by James Jessup, Arson Super- visor of the State of Virginia Division of Investi- gation. This day-long session was a most comprehensive and informative study concerning vehicle fires (acci- dental vs. incendiary). A new local vehicle fire interview and investigation check list, prompted by Jessup's comments, is forth-coming. Jessup's demonstration during the field exercise was en- lightening to even the vetran fire investigator. 5) Incendiary Fires Made to Look Ac cidental, Incen- diary Devices and Chemicals Used as Time Delays pres nted by Tim Kay, Senior Investigator, Mary- land State Fire Marshals Office. 6) Tim May's subjects were some of the most helpful sine he d alt with some of the newest and latest as far as th th "Stat of th Art" goes in the arson battle. Tim's presentations and demonstrations w re excellen and very practical to th arson investigator. Actu 1 chemicals were mixed to demonstrate their re- ctive properti s, and to g ive us firs -hand look t the inc ndiary vidence "tha is n ver destroyed, jua chang d". Th Task Fore Concep pres nted N vada Reg1onal Arson Task Force int r sting. Thi• is an area in n Arap re, that ry and O'St en agree tha much can be don County to increas th nUlllber o ar1on t are aucceaa!ully detected, inv I igated, to th O.A. in th foI"!II o! a case tiling conviction . and pre1ent d ha le da to • I • • - • • 1>.rson Seminar Page Three • • • The task force c oncept is perhaps one of the most important concepts presented in Nevada, and certainly the one whose practical appli- cation will bring about the most visible changes in fire investigations in the South-Metro area. It is to this end that we work -visible changes in local arson investigations that result in more convictions. We wish to say thank you for the opportunity to attend the seminar and learn. our level of expertise has increased, and the Bureau of Fire Investigations has improved. Galen A. Miller, Captain Fire Prevention Bureau /&~~ ~~-O'Steen, Captain Fire Prevention Bureau GAM/dm • I • • • • • • C O U N C I L C O M M U N I C A T I O N DA TE December 1, 1982 AGENDA ITEM SUBJECT Addend• 11 South Clay Street Water Users As oci1tton INITIATED BY -..,.;.;...,.....;;~-""....;.;.,~._,,~,....-"-'r~e-s~id~e~n~t~o~f-t~he=-~So~u~t~h~C~l~a~.:.:..ll&ll~-- ACTI ON PROPOSED ___ ..,.,.. ................. __._--,--;--.-................................................................. _._...,........., __ INTRODUCTION The Englewood Water and Sewer Board currently has adopted an info'l"IIAl policy of not providing water taps outside the Englewood City limits. Thert are, however, existing contracts to provide service outside the City to a few districts. The contract with the South Clay Street Water Users Association is an ex1111Ple of one of these contracts. While the transmission lines serving this arta are at or near capacity, the addition of a few taps will not effect t~ utility operation to any measurable degree. The Board has therefore pursued I policy of trying to accomodate additional requests by these districts if the districts agree to contractual limitations which will limit any obligation on the part of the City to provide service. Mr. Kloppenberg, owner of 2627 West Oxford Avenue and president of the South Clay Street Water Users Association, has requested additional taps to the existing service . The Water and Sewer Board recomnended allocating five (5) 3/4" water taps on the following conditions (See the attached Addend1111 fl). FINANCIAL DETAILS Mr . Kloppenberg will pay the required tap fee of $1,500.00 (outsi de City charge) for each 3/4" tap. RECOlt4ENDATION The Englewood Water and Sewer Board rec011111ends that the City Council approve Addendum 11 to the contract with the South Clay Street Water Users Association • • I> I . • • • • • THE SOUTH CLAY STREET WATER USERS ASSOCIATION ADDENDUM fl November 22, 1982 Addend1111 #1 to the Distributor's Contract dated June 1, 1970 between the City of Englewood, hereinafter referred to as "City", and South Clay Street Water Users Association, hereinafter referred to as "owner ". WHEREAS, the City's present water lines serv i ce the general area are overloaded and that the City does not anticipate increasing capacity in this area in the future. The City and owner agree as follows : (a) The owner fs receiving domestic water service through a one inch (1 11 ) tap with a 3/4" meter which amounts to 1.00 equivalent taps and also service through a 3/4" tap with a 5/8" meter which amount to 1.00 equivalent taps. It is mutually agreed that expansion 9f this domestic service in ttle service area defined in the contract shall be limited to the equivalent of five (5) additional 3/4" taps unless the Ci ty at its sole discretion shall authorize additional service beyond this amount . ( b) Further taps wf 11 not be requested by the owner from the City. (c) Owner and/or Tenants will plan future needs so thlt service will be frOIII the Denver Water Department . (d) Owner and/or Tenants will not provide addit i ona l service through garden hoses or t1111porary connections from the existing or the five (5) new taps . (e) Englewood shall determine ff there are any violations and niay terminate all service to the property upon thirty (30) d1ys notice by disconnecting the private line fr0111 the City 's 1111fn, ff a violation occurs. Except for the foregoing modifications, all other provisions of the contr1ct dated January 1, 1970, shall remain fn full force and effect. ATIEST : THE CITY OF ENGLEWOOD, COLORADO City Clerk • 0 I . - ATTEST: Secretary • • • • • THE SOUTH CLAY STREET WATER USERS ASSOCIATION BY, _______ __,-r--,------ President I . • •• ...... ORDINANCE NO. ~Cit SERIES OF 1982 BY AUTHORITY • • - COUNCIL BILL 41.1 INTRODUCED BY COUNCIL MEMBER FITZPATRICK AN ORDINANCE AMENDING TITLE IX, CHAPTER 2, OF THE ENGLEWOOD MUNICIPAL CODE OF '69, AS AMENDED, BY REPEALING AND REENACTING SECTIONS 1 THROUGH 8, INCLUSIVE, AND ADDING NEW SECTIONS 9 THROUGH 19, INCLUSIVE, RELATING TO THE CONTROL OF AMUSEMENT ESTABLISHMENTS, COMMONLY KNOWN AS "AMUSEMENT DEVICES ORDINANCE", AND DECLARING AN EMERGENCY. WHEREAS, there exists a proliferation of Amusement Centers in the City of Englewood; and WHEREAS, there is a need to monitor and control Amusement Centers; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. Subsections 1 through 8, inclusive, of Chapter 2 of Title IX of the '69 Englewood Municipal Code is hereby amended to read as follows: 9-2-1: TITLE This Ordinance shall be known as the Englewood Amusement Devices Ordinance. 9-2-2: DEFINITIONS As used in this Ordinance of the Mun ici pal Code of the City of Engle wood: (a) "Amusement arcade" shall mean a place or establishment at one location where an individual, association, partnership, or corporation maintains more than fifteen (15) amusement devices. (b) "Amusement center• shall mean a place or establishment at one location where an individual, association, partnership, or corporation maintains fifteen (15) or less amusement devices, either as a sole business or in conjunction with some other business. (c) "Amus ment devices• shall man any device which upon in ertion of a coin, slug, token, place, or disc , or payment of a consid ration directly th rein, may be used by the public as a g in, entertainment, amusement, a test of skill , either mental or physical, wh th r or not registering a score, and shall include, bu not be limited to, pool tables, snooker tables, foosball tables, electronic g mes, coin-o per ted movies, and pinball machines of every kind and description, but shall not include r dios, device that provide mu ic only, televi ions carrying c ommercial bro de at only, devices for bowling such as bowling I • • I n • • • • lanes , non-coin-operated pool and billiard tables, or fixed-stand, coin-operated kiddie rides. (d) "Applicant" shall mean any individual, association, partnership or corporation requesting a license pursuant to this chapter. (f) "Manager" shall mean an individual who manages, directs, supervises, oversees, and administers the acts and transactions of the agents or servants of any establishment governed by this chapter or who, through his own actions, directs, oversees, and administers the affairs of any such establishment. 9-2-3: LICENSE REQUIRED (a) No amusement arcade or center shall conduct business within the City without a valid license as provided herein. (b) No amusement arcade or center shall conduct business within the City without paying the annual fee placed upon amusement devices required by 9-2-8. (c) Any amusement arcade or center which holds a liquor license granted by the City of Englewood is not subject to the requirements of 9-2-4 of this Ordinance but is subject to all requirements in 9-2-8 of this Ordinance. 9-2-4: LICENSE APPLICATION The application for an amusement arcade or amusement center license shall be made to the Director of Finance and shall be accompanied by the fee required by 9-2-8 and shall contain the following information: (a) the name and address of the establishment; (b) the name, address, age, date and place of birth, federal identification number and Social Security number of the applicant(s) and manager(s) of the establishment; (c) prior felony convictions, including nolo contendre pleas of the applicant(s) and manager(s); (d) prior misdemeanor convictions involving moral turpitude, including nolo contendre pleas, of the applicant(s) and manager(s); (e) Where applicant is a corporation, association, partnership, or private club, the information required in paragraphs (bl, (c), (d) shall be furnished as to each officer of the association, each partner of a partnership, each officer of the corporation , each member of the board of directors of the corporation , and the holders of ten percent (10 ) or more of the corporate stock of any class; 2 • I • • n • • - (fl Ev i dence from the department of Community Development o f the City that the locat i on of the proposed amusement arcade meets a l l of the zoning requirements of the City; (gl Copy of a l ease or proof of ownership by the applicant; (hl The number of amusement devices to be maintained at the amusement arcade. (il Any additional information requested by the Director of Finance reasonably needed to enforce this Ordinance. 9-2-5: LICENSE APPROVAL (al Application for the license required by 9-2-4 shall be rev i ewed by the Director of Finance. The Director of Finance shall h ave an investigation conducted by the police department sufficient to ver i fy all the information required by this chapter. On compl et io n of th i s investigation, the Director of F i nance sha ll e ithe r approve or disapprove the application. (b l No license shall be issued to any applicant unles s ap pr o ved by the Dire c tor of Finance. The Director of Finan c e s h al l refuse t o issue any license for an amusement arcade or amusement ce nter i f the Director of Finance finds any of the following: (ll That t h e applicant is under the age of t wenty -one years . (2l Tha t any designated manager is under the age of t we nty-one year s . (J l That the applicant, manager, or e i ther o f t hem, ha s kno wi n gl y o r inte nt io nal l y made f alse s tatements i n t he ap p lic a ti on . (4 ) That the applicant , manager , association officer, any partner of a partnership , officer of the corporation , member of the board of directors of the corporation, or a 10\ or more shareholder of the corporation lacks good moral character. There is a rebuttable presumption that the person lacks good moral character if that person has been convicted of a felony or mis- demeanor involving moral turpitude. (5l The applicant manager , any association officer , any partner of the partnership , any officer of the corporation, any member of the board of directo r s of the corporation , or any 10 1 or more shareholder of the corpo r ation has had a license for such business revoked , suspended , or denied within t wo (2l yea r s prior to the application or has been determined to be a nuisance within two (2l years prior to the application. 3 • I • • _n • • • • (6) That the proposed amusement arcade or amusement center is located within five hundred (500) feet of the boundary of any public or parochial school grounds, said distance to be computed by direct measurement from the nearest property line of the land used for school purposes to the nearest portion of the building in which the amusement arcade or amusement center is located. (7) That the proposed amusement arcade is located within one thousand (1,000) feet of another amusement arcade. (c) That the sections 9-2-S(b) (6) and (7) are not applicable to amusement arcades or centers in existence prior to December 6, 1982. 9-2-6: LICENSE TERM All licenses granted pursuant to this chapter shall be for a term of one (1) year. Said term shall commence on January 1 of each year and terminate on December 31 of the same year. Applications for a license occurring at any other time during the year shall be treated the same as if they were made for one calendar year and shall terminate on the same date as all other licenses issued for the same year and no proration shall be permitted. 9-2-7: LICENSE RENEWAL Renewal of any of the licenses granted pursuant to this chapter may be had by payment of the license fee along with a statement that the information listed on the original license application is still true and correct, or a statement listing those items of information required for a license application which have changed in the year since the license w~s granted or last renewed. Failure to renew a license in a timely manner shall be grounds for termination and revocation of said license and shall be grounds for failure to renew said license. 9-2-8: LICENSE FEES F es for persons licensed under the provisions of this chapt rare a follows: (a) Amusement arcade annual fee. Applicants or holders of an amusement arcad license shall pay a yearly fee of Thirty-five Dollars ($35) pr amu em nt device maintained upon the premises. (b) Amusement center annual fee. Applicants or holders of an amus ment center lic,ns shall pay a yearly fe of Seventy Dollars ($70) pr amusement device maintained upon the premises. 4 • I • • • • • (c) Amusement arcade and amusement center, investigation fee. Applicants for an amusement arcade license shall pay an initial investigation fee of One Hundred Dollars ($100) to cover the cost of investigation required by this chapter. (d) Additional devices acquired during license period. Al l applicants and holders of amusement center or amusement arcade or amusement premise licenses shall report to the Director of Finance the addition of any amusement device or devices to their premises within fifteen days of said addition and tender to the Director of Finance at that time the fee of Fifty Dollars ($50) for each additional amusement device for the remainder of the original license period. Replacement of a device with another device is not an additional amusement device. Failure to report additional amusement devices to the City Clerk shall constitute a violation of this chapter and be grounds for revocation or suspension of the l icense granted pursuant to this chapter. The Director of Finance shall issue a receipt for the payment of these fees. Section 2. The '69 Englewood Municipal Code is hereby amended by adding new subsections 9 thr o ugh 19, inclusive, of Chapter 2 of Title IX to read as follows: 9 -2-9: DISPLAY AND TRANSFER OF LICENSE The holder of any l icense or receipt issued pursuant to the terms of this chapter shall be subject to the following: (a) The license shall be permanently and conspiciously d is played near the devi c e licensed. (b ) Any change in ownership or management of a n amu s ement a r c ad e o r c enter must be reported to t he Director of F in ance wi th i n (se v en) 7 busin e s s d ays follo wing s uch change. (c) Any license or receipt issued pursuant to the terms of this chapt r shall not b transf rable to any other location in the City . In the event of transfer of ownership of the business t th same location for which a lie nse or tax receipt is issued pursuant to the terms of this chapter, a license may b transferred to the new o wner of the business; provid d , ho wever, that application therefor stating the same information as r qui r ed by 9-2-4 i fir t presented to the Director of Finance for approv 1 or disapproval . Appro v al or dis pproval of such transfer shall be upon the• me terms as approval or di pproval of aliens under th terma of this chapt r . (d) The transferee of a license under this chapter ah ll p y n additional annual fee as re uired by 9-2-8 when th llcenae ha b en transferred during the calendar year . 5 ) I • • • • • • (e) Where any licensee has a change in manager or mana ger s of his establishment, and a new manag er has not previously been approved as a manager by the Director of Finance, he sh all be presented by the holder of the license or shall present himself to the office of the City Clerk for a ba ckground investig ati on. An addition al investigation fee of Seventy-f ive Dolla rs ($75) shall be paid by the amusement arcade or center employing the n ew manager. 9-2-10: GAMBLING PROHIBITED Nothing in this Article shall be construed to permit any unlawful gambling or wagering within the City. 9-2-11: HOURS OF OPERATION No establishment licensed pursuant to this Article shall allow operation of any amusement device between the hours of 2:00 A.M. and 7:00 A.M. 9-2-12: CURFEW: MINORS No child under eighteen (18) years of age shall enter or remain in an amusement arcade or center subsequent to the hour of 11:00 P.M. or prior to the hour of 5:00 A.M., except for lawful employment or unless there exists a reasonable necessity therefor, or, such child is accompanied by the parent, guardian or other person over twenty-one (21) years of age having the permission of the parent or guardian to have the custody and care of such child, or by any person between the ages of eighteen (18) and twenty-one (21) years having in his possession written permission from the parent or guardian to have the care or custody of such child; provided that on Friday and Saturday nights, the curfew hour for said child ren shall be extended to 12:00 P.M. 9-2-13: LIGHTING Amusement Arcade s shall have reasonable and safe lighting at all times so that all patrons are easily recognizable and all activities within the arcade are easily identifiable. The purpose of this section is to deter illegal activity within the arcade as defin d by the Englewood Municipal Ordinances or the la ws of the State of Colorado or th United St tes. 9-2-14: LICENSE SUSPE NSION , REVOCATION, DENI AL (a) The Director of Finance shall eith r suspend, revoke, or d ny any license granted pursuant to this Articl upon a finding of any of th following factors: (1) That any of th amu ement devices maintained upon the premises are being used for g mbling purposes. 6 ) I • • • • • ,· - (2) That repeated disturbances of public peace have been occurring within the licensed establishment or upon any parking areas, sidewalks, walkways, access ways or grounds immediately adjacent to the licensed premises involving patrons, employees, or the holder of the license of the establishment. (3) That the holder of the license or any employee thereof is illegally offering for sale, or illegally allowing to be consumed upon the licensed premises, or upon any parking areas, sidewalks, walkways, access ways or grounds immediately adjacent to the licensed premises, any controlled substance defined in C.R.S. 1973, 18-18-105. (4) That where not specifically authorized by law, malt, vinous, or spirituous beverages are being consumed on the premises with or without the consent of the owner by patrons of the licensed establishment or where such beverages are being consumed by patrons of the establishment upon any parking areas, sidewalks, walkways, access ways or grounds immediately adjacent to the lic ensed premises. (5) That the holder of the license or an approved manager i s not upon the licensed premises at all times during the operating business hours. (6) That amusement devices have been installed and/or are being operated on the premises of any amusement arcade or amu s ement center for which the fee required by 9-2-8 hereof has not been paid or for which application has not been made pursuant to 9 -2 -4 hereof. (7 ) That any amusement c enter or amusement arcade is be i ng maintained i n such a way a s to violate any building code, z on i ng, o r pub l i c health requirement imposed by city, county or stat e ord i nance, l aw or regulation, o r any o ther provision of ci t y ordinance , or st a te o r fed eral l law. (8) That any license required to be rene wed has not been renewed in a timely manner as p r escribed in this Article . (9) That any provisions of this Article has been violated by the owner or manager of the amusement arcade , amusement center, or that ither such o wner or manager has kno wingly allo wed the violation of any provision of this chapter to occu r. (10) That the use of the amuse ment de v ices in th licensed stablishment occurs du r ing the hours whe r e s u ch o p eration is prohibit d pursuant to Section 9-2-11 o r 9-2-12 . (11) That the holder of a license has been convicted of felony or misdemeanor involving moral turpitud • Nolo contendre pleas re tr ted as convictions . 7 • ) I • • • • • ,· • (12) That the distances required in 9-2-5(b) (6) and 9-2-5 (b) (7) has not been followed. (b) Nothing in this chapter shall prohibit the City from taking any other enforcement action provided for by this Code or the laws of the State of Colorado or of the United States. 9-2-15: APPEAL FROM A LICENSE SUSPENSION, REVOCATION OR DENIAL Any decision of the Director of Finance specified in this Section may be applied by any aggrieved party to the City Council by the filing of a written notice of appeal no later than twenty (20) days after the date of the Director of Finance decision. Upon receipt of such a notice of appeal, the appeal shall be placed on the City Council's or designee's agenda and shall be heard as a public hearing. Any appeal from the City Council's or designee's decision shall be to Arapahoe County District Court. 9-2-16: VIOLATION; PENALTY Any individual, association, partnership or corporation which is convicted of a violation of any provision of th is cha p ter shall be fined in a sum of not more than Three Hundred Dollar s ($300) or shall be imprisoned not to exceed ninety days, or shall be both so fined and imprisoned. 9-2-17: EFFECTIVE DATE All amusement arcades or amusement centers must app ly for the appropriate license within one hundred twenty (120) day s after the effective da t e of this o rdinance . All amusement premises must pay the appropriate license fee s withi n one hundred twenty (120) days after the effective date of th is o r dina nce. The effective date of this ordinance is December 6 , 1 98 2 . 9-2-18: SEVERABILITY If for any rea son any one or more sections , sentences, clauses, or parts of this Ordinance are held invalid, such invalidity shall not affect, impair, or invalidate the remaining provisions of this Ordinance. It is the intent of the City Council that the provisions of the Ordinance shall be severable. Section 3. This Ordinance is necessary for the immediate preservtion of the public health and safety and an emergency exists by reason of the fact that the enactment of this Ordin nee is necessary to the orderly and efficient administration of the business within the City of Engle wood; th refore , this Ordin nee shall take effect following adoption immediately upon the sign ture of this Ordinance by the Mayor approving the sam. 8 • I • • - • • • • • Introduced, read in full and passed on first reading on the 4th day of October, 1982. Published as a Bill for an Ordinance on the 6th day of October, 1982. Read in full as amended on the 15th day of November, 1982. Published in full as amended on the 17th day of November, 1982. Read by title and passed on final reading on the 6th day of December, 1982. Published by title as Ordinance No.~, Series of 1982, on the 8th day of December, 1982. Eugene L. Otis, Mayor Attest: ex officio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and complete copy of the Ordinance passed on final reading and published by title as Ordinance No.~. Series of 1982. Gary R. Higbee 9 • I • • • ORDINANCE NO. 4 q SERIES OF 1982 • • - BY AUTHORITY COUNCIL BILL 41.1 INTRODUCED BY COUNCIL MEMBER FITZPATRICK AN ORDINANCE AMENDING TITLE IX, CHAPTER 2, OF THE ENGLEWOOD MUNICIPAL CODE OF '69, AS AMENDED, BY REPEALING AND REENACTING SECTIONS 1 THROUGH 8, INCLUSIVE, AND ADDING NEW SECTIONS 9 THROUGH 19, INCLUSIVE, RELATING TO THE CONTROL OF AMUSEMENT ESTABLISHMENTS, COMMONLY KNOWN AS "AMUSEMENT DEVICES ORDINANCE", AND DECLARING AN EMERGENCY. WHEREAS, there exists a proliferation of Amusement Centers i n the City of Englewood; and WHEREAS, there i s a need to monitor and control Amuseme n t Cente rs; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF TH E CITY OF ENGLE WOOD, COL ORAD O, AS FOL LOWS : Section 1 . S ub s ect i ons 1 t hrough 8 , in c lus ive, of Chapter 2 of Title I X of the 1 69 Eng l ewo od Munic ipa l Cod e is h ereby amend ed to read as follo ws: 9-2-1: TITL E This Ord i n ance sh a ll be kno wn as th e Engl e wo o d Am us e ment Devices Ordin ance. 9-2-2: DEF I NITIO NS As used in this Ordinance of the Municipal Code of the City of Engle wood: (a) "Amusement arcade" shall mean a place or establishment at one location where an individual , association, partnership, or corporation maintains more than fifteen (1S) amusement devices. (b) "Amusem nt center• shall man a place or establi hm nt at o ne location where an individual, association, partnership, or co rporation maintains fifteen (1S) or less amusement devices, ei t h r as a sol business or in conjunction with some other bu si ness. (c) "Amusem nt d vies• shall man any devic which upon in s rtion of a coin, slug, token, plac , or disc, or payment of a c on s ideration directly therein, may be used by the public as a g in, ent rtainment, amusement, a test of skill, either mental or phy s ical, whether or not registering a score, and shall include, b u no t be limited to, pool table , snooker tables, foosball t bl es , el ctronic games, coin-oper ted movies, and pinball ma c hin s of every kind and description, but shall not include r dioa , devices tha provide music only, televisions carrying co m r c lal broadcaa • only, devices for bowling such as bowling • I • • • • • • lanes, non-coin-operated pool and billiard tables, or fixed-sta nd, coin-operated kiddie rides. (d l •Applicant• shall mean any individual, assoc iation, partnership or corporation requesting a license pursua nt to this chapter. (fl •Manager" shall mean an individual who manage s , directs , supervises, oversees, and administers the acts and transactions of the agents or servants of any establishment governed by this chapter or who, through his own actions, directs, oversees, and administers the affairs of any such establishment. 9-2-3: LICENSE REQUIRED (al No amusement arcade or center shall conduct business within the City without a valid license as provided herein. (bl No amusement arcade or center shall conduct business within the City without paying the annual fee placed upon amusement devices required by 9-2-8. (cl Any amusement arcade or center which holds a liquor license granted by the City of Englewood is not subject to the requirements of 9-2-4 of this Ordinance but is subject to all requ i rements in 9-2-8 of this Ordinance. 9-2-4: LICENSE APPLICATION The application for an amusement arcade or amusement center license shall be made to the Director of Finance and shall be accompanied by the fee required by 9-2-8 and shall contain the follo wing information: (al the name and address of the establishment; (bl the name, address, age, date and place of birth, federal identification number and Social Security number of the applicant(s) and manager(sl of the establishment; (cl prior felony convictions, including nolo contendre pleas of the applicant (sl and manager (sl; (dl prior misdemeanor convictions involving moral turpitud , including nolo contendre pleas, of the applicant(sl and manager(sl; (el Where applicant is a corporation, association, partnership, or private club, the information required in paragraphs (bl, (cl, (dl shall be furnished as to each officer of the association, each partner of a partnership, each officer of the corporation , each member of the board of directors of the corporation , and the holders of ten percent (10\l or more of the corporate stock of any class; 2 • I • • • • - (f) Evidence from the department of Community Development of t he City that the location of the proposed amusement arcade meets all of the zoning requirements of the City; (g) Copy of a lease or proof of ownership by the applicant; (h) The number of amusement devices to be maintained at the amusement arcade. (i) Any additional information requested by the Director of Finance reasonably needed to enforce this Ordinance. 9-2-5: LICENSE APPROVAL (a) Application for the license required by 9-2-4 shall be reviewed by the Director of Finance. The Director of Finance shall have an investigation conducted by the police department sufficient to verify all the information required by this chapter. On com pletion of this investigation, the Director of Finance shall either approve or disapprove the application. (b) No license shall be issued to any applicant unless approved by the Director of Finance. The Director of Financ e shall refuse to issue any license for an amusement arcade or amusement center if the Director of F i nance finds any of the following: (1) That the app licant is under the age of twenty-one years. (2) That any designated manager is under the age of twenty-one year s. (3) That the applicant, manager, or either of them, has kno wingly or intentionally made false statements in the application . (4) That the applicant , manager , association officer, any partner of a partnership, officer of the corporation , member of th board of directors of the corporation, or a 10\ or more shareholder of the corporation lacks good moral character. There is a rebuttable presumption that the person lacks good moral character if that person has been convicted of a felony or mis- demeanor involving moral turpitude. (5) The applicant manager, any association officer, any partner of the partnership, any officer of the corporation, any member of the board of directors of the corporation, or any 10 or more shareholder of the corporation has had a license for such business revoked, su pend d, or denied within two (2) years prior to th application or ha be n determined to be a nuisance within two (2) y ars prior to th application. 3 I • • • • • (6) That the proposed amusement arcade or amusement center is located within five hundred (500) feet of the boundary of any public or parochial school grounds, said distance to be computed by direct measurement from the nearest property line of the land used for school purposes to the nearest portion of the building in which the amusement arcade or amusement center is located. (7) That the proposed amusement arcade is located within one thousand (1,000) feet of another amusement arcade. (c) That the sections 9-2-S(b) (6) and (7) are not applicable to amusement arcades or centers in existence prior to December 6, 1982. 9-2-6: LICENSE TERM All licenses granted pursuant to this chapter shall be for a term of one (1) year. Said term shall commence on January 1 of each year and terminate on December 31 of the same year. Applications for a license occurring at any other time during the year shall be treated the same as if they were made for one calendar year and shall terminate on the same date as all other licenses issued for the same year and no proration shall be permitted. 9-2-7: LICENSE RENEWAL Renewal of any of the l i cen s es granted pursuant to th is ch apter may be had by payment of the l icense fee along with a statemen t that the i nformation l i sted on the original license applic a ti on i s s ti l l true and c orre c t, or a statement listing thos e items of in form a t i on required fo r a lic en s e applicat i on which hav e changed i n the y e ar si n c e t h e l i cen s e wa s granted or last renewed. Failure to ren e w a license i n a t i me l y manner s hal l be ground s f o r termination and re v oc a tio n o f sai d lic ense and s hal l be g r o und s fo r failure to renew said lic e nse . 9-2-8: LICENSE FEES Fees for persons licens d under the provisions of this chapter are as follows: (a) Amusement arcade annual fee. Applicants or holders of n musement arcad license shall pay a yearly fee of Thirt y -five Dollars ($35) pr amusement device maintained upon the premises. (bl Amusement center annual fee . Applicants or holders of n amusement center licens shall pay yea r ly f e of Seventy Doll rs ($70) per muse~ent device maintained upon the premises. 4 I • • • • .. - (c) Amusement arcade and amusement center, investigation fee. Applicants for an amusement arcade license shall pay an initial investigation fee of One Hundred Dollars ($100) to cover the cost of investigation required by this chapter. (d) Additional devices acquired during license period. All applicants and holders of amusement center or amusement arcade or amusement premise licenses shall report to the Director of Finance the addition of any amusement device or devices to their premises within fifteen days of said addition and tender to the Director of Finance at that time the fee of Fifty Dollars ($50) for each additional amusement device for the remainder of the original license period. Replacement of a device with another device is not an additional amusement device. Failure to report additional amusement devices to the City Clerk shall constitute a violation of this chapter and be grounds for revocation or suspension of the license granted pursuant to this chapter. The Director of Finance shall issue a receipt for the payment of these fees. Section 2. The '69 Englewood Municipal Code is hereby amended by adding new subsections 9 through 19, inclusive, of Chapter 2 of Ti tle IX to r~ad as follows: 9-2-9: DISPLAY AND TRANSFER OF LICENSE The holder of any license or receipt issued pursuant to the terms of this chapter shall be subject to the following: (a) The license shall be permanently and conspic i oualy displayed near the device licensed. (b) Any c hange in o wnership or management of an amu s emen t a r ca de o r c enter mu s t be reported to the Dire c t o r of F in an ce within (seven) 7 business days follo wing such ch ang e . (c) Any license o r receipt issu d pursuant to the ter s of this chapter shall not be transferable to ny other loc•tion in th• City. In the ev nt of transfer of o wnership of the buain••• •t the same location for which a llcen or tax receipt ls aau d pursuant to the terms of thi chapt r , aliens may be tr n farced to th new o wner of the bu lness; provided , ho wever, th t appl cation th refor st ting the ame information as required by 9-2-4 is fest pr s nted to the Di r ector of F inance for approval or dis•pproval. Approv 1 or disapproval of such transfer hall be upon the• me term a app r oval or dis pproval of a license under the term• o thl chapter. (d) The transfer•• of a license under this ch pter sh•ll p y an addition•l •nnual fee•• re uired by -2-8 when the license ha• be n tranaferr d during the calendar year. 5 • I • • • • • • (e) Where any licensee has a change in manager or managers of his establishment, and a new manager has not previously been approved as a manager by the Director of Finance, he shall be presented by the holder of the license or shall present himself to the office of the City Clerk for a background investigation. An additional investigation fee of Seventy-five Dollars ($75) shall be paid by the amusement arcade or center employing the new manager. 9-2-10: GAMBLING PROHIBITED Nothing in this Article shall be construed to permit any unlawful gambling or wagering within the City. 9-2-11: HOURS OF OPERATION No establishment licensed pursuant to this Article shall allow operation of any amusement device between the hours of 2:00 A.M. and 7:00 A.M. 9-2-12: CURFEW: MINORS No child under eighteen (18) years of age shall enter or remain in an amusement arcade or center subsequent to the hour of 11:00 P.M. or prior to the hour of 5:00 A.M., except for lawful employment or unless there exists a reasonable necessity therefor, or, such child is accompanied by the parent, guardian or other person over twenty-one (21) years of age having the permission of th e parent or guardian to have the c ustody and care of such child, or b y any person between the ages of eighteen (18) and twenty-one (21) years having in his possess i on written permission from the p are n t o r guardian t o have the car e o r custody of such ch i ld; p r o v i ded that on Fr i day and Saturday nights, the curfew hour for s a id ch i ldren shall be extended to 12 :00 P.M. 9-2-13 : LIG HT I NG Amusement Ar cad e s shall have reasonable and s a fe ligh ti ng at all times so that all patrons are easily recognizable and all activities within the arcade are easily identifiable . The purpose of this section is to deter illegal activity within the arcade as defined by th Engle wood Municipal Ordinances or the la ws of the St t of Colorado or the United States. 9-2-14: LICE NSE SUSPENSION , REVOC ATION , DE NI AL (a) Th Director of Financ shall either suspe n d , re v o k e , o r d ny any license granted pursua n t to this Article u p on a fi n ding of any of the follo wing facto r s: (1) That ny of the amu ement devic s maintained u p on the premiaea are being used for gambling purposes. 6 ~"----------~------~---· I • • -• • - (2) That repeated disturbances of public peace have been occurring within the licensed establishment or upon any parking areas, s i dewalks, walkways, access ways or grounds immediately adjacent to the licensed premises involving patrons, employees, or the holder of the license of the establishment. (3) That the holder of the license or any employee thereof is illegally offering for sale, or illegally allowing to be consumed upon the licensed premises , or upon any parking areas , sidewalks, walkways, access ways or grounds immediately adjacent to the licensed premises , any controlled substance defined in C.R.s. 1973, 18-18-105. (4) That where not specifically authorized by law, malt , vinous, or spirituous beverages are being consumed on the premises wi th or without the consent of the owner by patrons of the licens ed establishment or where such beverages are being consumed by patrons of the establishment upon any park i ng areas, sidewalks, walkways, access ways or grounds immediately adjacent to the licensed premises. (5) That the holder of the license or an approved manager is not u pon the licensed prem ises at all ti mes during the operating business hours. (6) Tha t amusement devices have been installed and/or are being ope rated on the premises of any amusement arcade or amusement center for which the fee required by 9-2-8 hereof has not been paid or for which application has not been made pursuant to 9-2-4 hereof. (7) That any amusement center o r amusement arcade is being maintained in such a way as to violate any building code, zoning, or public health requirement imposed by city , cou nty or state ordinance, law or regulation, or any other provision of city ordinance, or state or federal! law. (8) That any license required to be renewed has not been renewed in a timely manner as prescribed in this Article. (9) That any provisions of this Article has been violated by the owner or manager of the amusement arcade , amusement center, or that either such owner or manager has knowingly allowed the violation of any provision of this chapter to occur. (10) That the use of the amusement devices in the licens d stablishm nt occurs during the hours where such operation is prohibited pursuant to Section 9-2-11 or 9-2-12. (11) That the holder of a license has been convicted of felony or misdemeanor involving mor 1 turpitud • Nolo contendr pleas are tre ted a convictions . 7 • I • • • • • • (12) That the distances required in 9-2-5 (bl (6) and 9-2-S(b) (7) has not been followed. (b) Nothing in this chapter shall prohibit the City from taking any other enforcement action provided for by this Code or the laws of the State of Colorado or of the United States. 9-2-15: APPEAL FROM A LICENSE SUSPENSION, REVOCATION OR DENIAL Any decision of the Director of Finance specified in this Section may be applied by any aggrieved party to the City Council by the filing of a written notice of appeal no later than twenty (20) days after the date of the Director of Finance decision. Upon receipt of such a notice of appeal, the appeal shall be placed on the City Council 's or designee's agenda and shall be heard as a public hearing. Any appeal from the City Council's or designee's decision shall be to Arapahoe County District Court. 9-2-16: VIOLATION; PENALTY Any individual, association, partnership or corporation which is convicted of a violation of any provision of this chapter shall be fined in a sum of not more than Three Hundred Dollars ($300) or shall be imprisoned not to exceed ninety days, or shall be both so fined and imprisoned. 9-2-1 7: EFFECTIVE DATE All amusement arcades or amusement cen ter s must apply for the appropriate license within one hundred twenty (120) days aft r the effective date of this ordinance. Al l amusement premises must pay the appropriate license fees within one hundred twenty (120) days after the effective date of this ordinance, The effective date of this ordinance is December 6, 1982. 9-2-18: SEVERABILITY If for any reason any one or more sections, sentences, clauses, or parts of this Ordinance are held invalid, such invalidity shall not ff ct, impair, or invalidat the r maining provisions of this Ordinance. It is the intent of the City Council that the provisions of the Ordinance shall b severable. s ction 3. This Ordinance is necessary for the immediat preservtlon of the public health and safety and an m rgency exist by reason of the fact that the enactment of this Ordinance is n cessary to the orderly and efficient administration of the business within the City of Englewood; therefore, thi Ordinance shall tak effect following adoption immediat ly upon th signature of this Ordinance by th Mayor pproving th sam, 8 • I • • - • • • • Introduced, read in full and passed on first reading on the 4th day of October, 1982. Published as a Bill for an Ordinance on the 6th day of October, 1982. Read in full as amended on the 15th day of November, 1982. Published ip full as amended on the 17th day of November, 1982. Read by title and passed on final reading on the 6th day of December, 1982. Published by title as Ordinance No. the 8th day of December, 1982. Attest: ex officio City Clerk-Treasurer , Series of 1982, 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 passed on final reading and published by title as Ordinance No. , Series of 1982. ~~ Gary R. Higbee 9 I • • • ORDINANCE NO. frf; SERIES OF 1982 • • • BY AUTHORITY COUNCIL BILL NO. 4 7 INTRODUCED BY COUNCILUN CI L MEMBER FITZPATRI CK AN ORDINANCE AMENDING SECTION (1 ) (a), CHAPTER 1, TITLE XIV , OF THE ENGLE WOOD MUNICIPAL CODE OF 1969, AS AMENDED, RELATING TO THE MODEL TRAFFIC CODE NOTICE TO APPEAR IN COURT AND SUMMONS PROVISIONS. WHEREAS, the Colorado State Legislature has adopted legislation deleting the requirement that a violator of a motor vehicle law sign a summons and complaint; and WHEREAS, in order to reduce confusion and provide a uniform method of serving summons and complaints on both city streets and state highways for Municipal Court , it is necessary to amend Section (1) (a), Chapter 1, Title XIV of the 1969 E.M.C. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. Section (a) of Title XIV, Chapter 1 , Section 1, o f '69 E.M.C., as amended, is hereby amended to read as follows: 14-1-1: ADOPTION (a) Pursuant to S ect i on 44, Article V of t h e Eng l ewood Home Rul e Charter, and Title 3 1, Art ic le 16, parts 1 and 2 , C .R.S . 1973, a s amended, there is hereby adopted by reference Art icl es I to XXVI, inclusive of the 1977 Edit i on of the "Model Traff ic Co de for Colo rad o Muni c ipal i tie s ", p r o mulgated and publ ish ed a s s uch by the State De partmen o[ Hi ghways , 42 01 E. Arkansas Avenu , Denver, Colo rad o 80222 . Th su b j ct mat ter of t h e Model Tra ffic Code relates pr i ma r il y to co mpr hensi ve traffic c ontr ol r e ul a tions for the City . Th e purpose of th i s Ordinance and t h Co d e a d o p t e d h rein is to p r o v i de a system o raffle regulat ion consistent with State law and g ne r lly conforming to si mil ar r gulations throughout th Sta te and n tion . Three (3) copi s of the Model T r affic Code dopted herein re no w £11 d 1n the office o! th Director of Finance x o ffi cio Ci y Cl rk of th City of Engle wood nd may b in pected during re ul r bu in s hour . Th 1977 d tion th Model Traff c Code i doped tout 1 ngth .toe EXCEPT th follo wing rticl s nd/or s ctions which ar d cl red to b n pplic bl to this municipality nd a r the r efore expre sly delet d OR AM ENDED: (1) Article XXVI 1s d let d . (2) Sec on 23-of Ar icl XX III i d let d . ( ) ec on 22-0 Articl XXII ia mended to r d a f llows: I • • - • • • • 22-9: NOTICE TO APPEAR IN CO URT. EXCE PT WHEN AUTHORIZED OR DIRECTED TO TAKE A PERSON BEFORE A MAGISTRA TE OR OT HER COURT , AS PROVIDED IN SECTION 22-5 OR OTHERWISE PURSUANT TO STATE LAW, ANY POLICE OFFICER, UPON MAKING AN ARREST FOR ANY VIOLATION OF THIS CODE PUNISHABLE AS A MISDEMEANOR, SHALL TAKE THE NAME, ADDRESS, AND OPERATOR'S LICENSE NUMBER OF SAID PERSON, THE REGISTERED NUM BER OF THE MOTOR VEHICLE INVOLVED, AND SUCH OTHER PERTINENT INFORMATION AS MAY BE NECESSARY, AND SHALL PREPARE AND ISSUE TO HIM, IN WRITIN G ON THE FORM AUTHORIZED IN SECTION 22-2 OF THIS ORDINANCE, A NOTICE OR SUMMONS TO RESPOND AND ANSWER TO THE CHARGE AGAINST HIM AT A PLACE AND AT A TIME TO BE SPECIFIED IN THE NOTICE OR SUMMONS, AND, IF THE ARRESTED PERSON DOES NOT POSSESS A VALID COLORADO DRIVER'S LICENSE, SUCH ARRESTED PERSON, IN ORDER TO SECURE RELEASE, MUST GIVE HIS WRITTEN PROMISE TO APPEAR IN COURT BY SIGNING THE PENALTY ASSES S MENT NOTICE OR SUMMONS. IF THE ARRESTED PERSON DOES POSSESS A VALID COLORADO DRIVER'S LICENSE, THE PERSON SHALL NOT BE REQUIRED TO GIVE HIS WRITTEN ACKNOWLEDGMENT OR PROMISE TO APPEAR, ON THE PENALTY ASSESSMENT NOTICE OR SUMMONS. (4) Section 22-10 of Article XXII is amended to read as follows: 22-10. FAILURE TO OBEY SUMMONS OR NOTICE. FOR THE PURPOSES OF THIS CODE, TENDER BY AN ARRESTING OFFICER OF THE SUMMONS OR PENALTY ASSESSMENT NOTICE SHALL CONSTITUTE NOTICE TO THE VIOLATOR TO APPEAR IN COURT AT THE TIME SPECIFIED ON SUCH SUMMONS OR TO PAY THE REQUIRED FINE. IT IS A VIOLATION OF THIS SECTION FOR ANY PERSON TO FAIL TO APPEAR TO ANSWER ANY OFFENSE CHARGED UNDER THIS CODE. Introduced, read in full, and passed on first reading on the 15th day of November, 1982. Published as a Bill for an Ordinance on the 17 t h day of November, 1982. Read by title and passed on final reading on the 6th day of December, 1982 . Published by title as Ordinance No. on the 8th day of December, 1982. Att st: ex officio City Cler k -Treasurer 2 ~~~' Series of 1982, Eugene L. Otis , Mayor • I • • n - • • • • • I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby ce rt ify that the abov e and foregoing is a true, accurate and complete c opy of the Ordinance passed on final reading and published by title as Ordinance No. , Series of 1982. Gary R. Higbe e 3 I • • n - • ORDINANCE NO.~() SERIES OF 1982 BY AUTHORITY • • • COUNCIL BILL NO. 47 INTRODUCED BY COUNCILUNCI L MEMBER FITZPATRICK AN ORDINANCE AMENDING SECTION (1) (a), CHAPTER 1, TITLE XIV, OF THE ENGLEWOOD MUNICIPAL CODE OF 1969, AS AMENDED, RELATING TO THE MODEL TRAFFIC CODE NOTICE TO APPEAR IN COURT AND SUMMONS PROVISIONS. WHEREAS, the Colorado State Legislature has adopted legislation deleting the requirement that a violator of a motor vehicle law sign a summons and complaint; and WHEREAS, in order to reduce confusion and provide a uniform method of serving summons and complaints on both city streets and state highways for Municipal Court, it is necessary to amend Section (1 ) (a), Chapter 1, Title XIV of the 1969 E.M.C. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. Section (a) of Title XIV, Chapter 1, Section 1, of '69 E.M.C., as amended, is hereby amended to read as follows: 14-1-1: ADOPTION (a) Pursuant to Section 44, Article V of the Englewood Home Rule Charter, and Title 31, Article 16, parts 1 and 2, C.R.S. 1973, as amended, there is hereby adopted by reference Articles I to XXVI, inclusive of the 1977 Edition of the "Model Traffic Code for Colorado Municipalities", promulgated and published as such by the S tate Depart~ent of Highway s , 4201 E. Arkansas Avenue, Denver, Co lorado 80222. The sub j e c t matter of the Model Traffi c Cod e rel ate s primarily to c omprehe n s i ve traffic co ntrol reg ul at io n s f o r the City. The purpo se of thi s Ord i nance and th e Co de adopted her ein is to p r o v i de a s ys t e m of t r affic reg u lat ion consistent wi t h State la w and gene ra lly confo r ming to si mil ar r egulations th r oughout the State nd nation. Th r ee (3) copies of the Model Traffic Code adopted herein a r no w fil d in the offic of th Director of Finance x officio City Cler k of th City of Engl wood and may b in p cted du r ing r gular busines hours . The 1977 edition of th Mod 1 Traffic Code i adopted s set out at length -Ml 9e'H EXCE PT th follo wing a r ticles and/ors ctions which are declared to be inapplicabl to thi municipality and a r e th r efor xpr ssl y deleted OR AMEN DED: (1) Ar ticle XX VI is delet d . (2) Section 23-8 o Article XX III is deleted . (3) Section 22-of Article XXII i a nded to read s ollowa : I • • - • • • • 22-9: NOTICE TO APPEAR IN COURT. EXCEPT WHEN AUTHORIZED OR DIRECTED TO TAKE A PERSON BEFORE A MAGISTRATE OR OTHER COURT, AS PROVIDED IN SECTION 22-5 OR OTHERWISE PURSUANT TO STATE LAW, ANY POLICE OFFICER, UPON MAKING AN ARREST FOR ANY VIOLATION OF THIS CODE PUNISHABLE AS A MISDEMEANOR, SHALL TAKE THE NAME, ADDRESS, AND OPERATOR'S LICENSE NUMBER OF SAID PERSON, THE REGISTERED NUMBER OF THE MOTOR VEHICLE INVOLVED, AND SUCH OTHER PERTINENT INFORMATION AS MAY BE NECESSARY, AND SHALL PREPARE AND ISSUE TO HIM, IN WRITING ON THE FORM AUTHORIZED IN SECTION 22-2 OF THIS ORDINANCE, A NOTICE OR SUMMONS TO RESPOND AND ANSWER TO THE CHARGE AGAINST HIM AT A PLACE AND AT A TIME TO BE SPECIFIED IN THE NOTICE OR SUMMONS, AND, IF THE ARRESTED PERSON DOES NOT POSSESS A VALID COLORADO DRIVER'S LICENSE, SUCH ARRESTED PERSON, IN ORDER TO SECURE RELEASE, MUST GIVE HIS WRITTEN PROMISE TO APPEAR IN COURT BY SIGNING THE PENALTY ASSESSMENT NOTICE OR SUMMONS. IF THE ARRESTED PERSON DOES POSSESS A VALID COLORADO DRIVER'S LICENSE, THE PERSON SHALL NOT BE REQUIRED TO GIVE HIS WRITTEN ACKNOWLEDGMENT OR PROMISE TO APPEAR, ON THE PENALTY ASSESSMENT NOTICE OR SUMMONS. (4) Section 22-10 of Article XXII is amended to read as follows: 22-10. FAILURE TO OBEY SUMMONS OR NOTICE. FOR THE PURPOSES OF THIS CODE, TENDER BY AN ARRESTING OFFICER OF THE SUMMONS OR PENALTY ASSESSMENT NOTICE SHALL CONSTITUTE NOTICE TO THE VIOLATOR TO APPEAR IN COURT AT THE TIME SPECIFIED ON SUCH SUMMONS OR TO PAY THE REQUIRED FINE. IT IS A VIOLATION OF THIS SECTION FOR ANY PERSON TO FAIL TO APPEAR TO ANSWER ANY OFFENSE CHARGED UNDER THIS CODE. Introduced, read in full , and passed on first reading on the 15th day of November, 1982. Published as a Bi ll for an Ordinance on the 17th da y of November, 1 98 2 . Read by title and passed on final reading on the 6th day of December, 1982 . Published by title as Ordinanc No. SQ , Series of 1982, on the 8th day of December, 1982. Attest: Eugen L. Otis, Mayor ex officio city Clerk-Treasurer 2 • 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 the Ordinance passed on final reading and published by title as Ordinance No.~, Series of 1982. Gary R. Higbee 3 • I • • - • OODINANCE 00. 5 l SERIES~ 1982 BY AUTHORI'l"i • • • COUNCIL BILL 00. 56 INTRODUCED BY COUNCIL MOIBER BRAt6HAW AN OODINANCE AMEND!~ SUBSECTION (a) (8) OF SECTICl-l 9, CHAPTER 4, TITLE '!N, OF THE 1969 EN:iu.wx>O PIJNICIPAL CODE BY INCRF.ASIN'.i THE SCHEDULE OF RATES AND CHARGES FOR SEWERAGE SERVICE. Section 1. 'nlat Subseetion (a) (8) of Section 9, Chapter 4, Title '!N, of the '69 E.M.C. is hereby amended to read as follows: 15-4-9: RATES AND CHAR:,ES FOR SEWERAGE SERVICE (a) GDIERAL. 'nlere is hereby levied and charged on each lot, parcel of land, and premises served by or having sewer connection with the sanitary sewer of the City of Englewood, or otherwise discharg- ing sanitary sewage, industrial wastes, or other liquids, either directly or indirectly, into the City sanitary sewer system, an annual service charge which shall be computed and payable as follows: (8) 'nle following rates shall be effective for all sewage processed after Decent>er 31, 1982: Rate (per 1000 gallons) Sel,lage treatment charge .8374 Collection system charge .1114 Total .9488 SCHEOOLE II SCHEOOLE II I SCHEOOLE IV SCHEOOLE I customer In City outside City Class City Sewers District Sewers Billed trl Billed Annuall Flat Flat Flat Flat Rate Min. Rate Min. Rat Min. Rate Min. Single- Fam.Dwg. 19.95 18.15 17.60 16 .00 73.80 67.20 18 .45 16.80 l'Wti- F (Unit) 12.35 11.25 10.90 9.90 45.80 41.60 11.45 10.40 11 7 .60 6. 6.70 6.10 28.20 25.60 7.05 6.40 • I • • - • COl!'lllerci al & Ind. (By meter size) • • • 5/8 in. 27.50 25.05 24.30 22.10 102.00 92.80 25.50 23.20 3/4" 41.75 38.00 36.85 33.55 154.80 140.80 38.70 35.20 l" 69.25 63.00 61.15 55.65 256.80 233.60 64.20 58.40 1-1/2" 138.50 126.05 122.25 111.25 513.60 467.20 128.40 116.80 2" 222.00 202.05 195.95 178.30 823.00 749.00 205.75 187.25 3" 443.10 403.20 391.10 355.85 1642.40 1494.80 410.60 373.70 4" 692.60 630.30 611.30 556.30 2567.40 2336.40 641.85 584.10 6" 1385.25 1260.60 1222.60 1112.55 5135.00 4672.80 1283.75 1168.20 8" 2201.10 2003.00 1936.95 1762.60 8159.75 7425.35 2039.90 1856.35 10" 3164.10 2879.35 2784.45 2533.80 11729.70 10674.00 2932.40 2668.55 Mini~ charges both inside and outside the City are Ninety-one Percent (911) of the flat rate charge for the customer class involved . Introduced, read in full, and passed on first reading on the 15th day of Noveat>er, 1982. 1982. Published as a Bill for an Ordinance on the 17th day of Noveat>er, 1982. Read by title and passed on final reading on the 6th day of Deceriler, Published by title as Ordinance No. , Series of 1982, on the 8th day of 0ecent>er, 1982. - Ei.igene L. Otis, Mayor Attest: ex officio City Clerk-Treasurer 2 t 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 the Ordinance passed on final reading and published by title as Ordinance No. , Series of 1982. Gary R. Higbee 3 • • I • • ORDINANCE NO. s I SERIES OF 1982 BY AUTHORITY • • • COUNC I L BILL NO . 56 INTRODUCED BY COUNCIL MEMBER BAAffiHAW AN ORDINANCE AMENDIN:i SUBSECTION (a } (8 ) OF SECTION 9, CHAPTER 4 , TITLE °iN, OF fflE 1969 EN,Lflt«)()D l't.JNIC IPAL CODE BY INCREASIN'.i fflE SCHEDULE OF RATES AND CHARGES roR St"ilERAGE SERVICE. Section 1. 'lbat Subsection (a} (8) o f Section 9, O'lapter 4, Title 'iN, of the '69 E.M.C. 1s hereby amended to read as follows: 15-4-9: RATES AND CHAR:;ES FOR S~E SERVICE (a} G~ERAL. 'ltlere is hereby levied and charged on each lot, parcel of land, and premises served by or having sewer connection with the sanitary sewer of the City of Englewood, or otherwise discharg- ing sanitary sewage, industrial wastes, or other liquids, either directly or indirectly, into the City sanitary sewer system, an annual service charge ...ti i ch shall be computed and payable as follows: (8) 'ltle following rates shall be effective for all sewage processed after oecenber 31, 1982: Sewage treatment charge collection system charge Tota l Rate (per 1000 gallons) .837 4 .111 4 .9488 SCHEDULE I CUS t r In City SCHEDULE II In Ci t y SCHEDU l.E II I 0U ts1d Ci t y SCHEDULE IV Clas City r s Billed trl l Ra l Min , 18 .15 l S 11,2 7 . District rs Billed rl 1 l Ra 17. 0 10. • 70 Mn. 16.00 .10 District rs Billed Annuall Fl t 7 .80 45. 0 .20 • Min , 67 .20 41.60 25.60 Fl t Min. 18 .45 16 .80 11.45 10 .40 7 .05 .40 I • • - • • • • • Coomercial & Ind. (By meter size} 5/8 in. 27.50 25.05 24.30 22.10 102.00 92.80 25.50 23.20 3;4• 41. 75 38.00 36.85 33.55 154.80 140.80 38.70 35.20 1• 69.25 63.00 61.15 55.65 256.80 233.60 64.20 58.40 1-112· 138.50 126.05 122.25 111.25 513.60 467.20 128.40 116.80 2• 222.00 202.05 195.95 178.30 823.00 749.00 205.75 187.25 3• 443.10 403.20 391.10 355.85 1642.40 1494.80 410.60 373.70 4• 692.60 630.30 611.30 556.30 2567 .40 2336.40 641.85 584.10 6· 1385.25 1260.60 1222.60 1112.55 5135.00 4672.80 1283.75 1168.20 0• 2201.10 2003.00 1936.95 1762.60 8159.75 7425.35 2039.90 1856.35 10• 3164.10 2879.35 2784.45 2533.80 11729. 70 10674.00 2932.40 2668.55 Minimum charges both inside and outside the City are Ninety-one Percent (911 ) of the flat rate charge for the customer class involved. Introduced, read in full, .-¥1 pused on first reading on the 15th day of Noved>er, 1982. Published as a Bill for a1 Ordinance on the 17th day of Noved>er, 198 2 . Read by title .xJ passed on f i nal reading on the 6th day of Deced>er, 198 2 . Published by title as Ordinance No. S / , Ser i e s of 1982, on the 8th day of Deceim,er , 198 2. f5Jgene L. Otis, Mayor Attest: ex officio City Clerk-Treasurer 2 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 the Ordinance passed on final reading and published by title as Ordinance No. ,5 J , Se ries of 1982. Gary R. Higbee 3 I • • . I - • ORDIN ANCE NO.!)/) SERIES OF 1982 BY AUTHORITY • • • COUNCIL BILL NO, 57 INTRODUCED BY COUNCIL MEMBER HIGDAY AN ORDINANCE ADOPTIN G THE BUDGET OF THE CITY OF ENGLE WOOD, COLO RADO, FOR THE FISCAL YEAR 1983 AND DE CL ARING AN EMERGENCY. WHEREAS, pursuant to the provisi ons of Part I of Article X of the Charter of the City of Englewood, Colo rado, adopted by th e vote rs on July 8, 1958, a budget for the fiscal ye ar 1983 wa s du ly submitted by the City Manager to the City Council bef o re Sep temb er 15, 1982; and WHEREAS , a public hearing on the said budget was hel d by the City Council within three weeks after its submission at the meeting of the City Council on September 20 , 1982 , r egular no ti ce of the time and place of said hearing having been pu blished with in seven days after submis sio n of t he budget, the manner provided in the Charter for the publication of ordinance; and WHEREAS, the City Council adopted Reso lution No. 4 7 , Series of 1982, on the 15th day of November, 1982 , said Resolution amending the 1983 proposed budget . NOW, THEREFORE, BE IT ORDAINED BY THE CI TY CO UNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1, the fiscal considered Resolution budget for That the budget of the City of Englewood, Colo ra do , for year 1983, as su bm itted by the City Manager and duly by the City Council afte r public hearing and amended by No . 47, Series of 1 82 , be and hereby is adopt d as the the City of Engle wood for he fiscal year 1983 . Section 2. Tha th said bud t as amend d and ace p ed shall be a public record in th office of the City Cle rk and shall b open to public insp ction. Suff1c1ent copies th r of hall b made avail- able for th of h Cit y Counci and the public, he number of copi s to b rm1n d by th 1ty Manag r, Section J, Th t th~ n alth, ty nd welfar of th City require hat thi ~Ord1nance b p s ed s n emerg ncy m asure 1n ord r that he op ration ot government proceed; this Ordinance h 11 becom ffectiv upon it final p according o th Chart r of the City of En lewood. In ro uc d, rad 1n full , and p h 15 h d y of Nov mb r, l 8 2 . don first re ding on • I • • • • • • • -2- Published as a bill for an Ordina nce on the 17 th day of November, 1982. Read by title and passed on final reading on the 6th day of December , 1982. Published by title as Ordi nan ce No. on the 8th day of December, 1982. , Series of 198 2 , Eugene L. Otis , Mayor ATTEST: ex officio C1ty Clerk-Treasurer I , Gary R. Higbee, ex officio City Clerk-Treasu rer of the City of Englewood , Colorado, hereby certify that the above and foregoing is a true , accurate and complete copy of Ordinance No. , Series of 1982, passed on final reading on the 6th day of -=Dc-e_c_e_m.,..ber, 19 8 2, and published as Ordinance No . , Se ries of 1982, on the 8th day of December , 1982. Gary R. H1 gbee I • • • • • • BY AUTHORITY ORDINANCE NO. '-;J-QS SERIES OF 1982 COUNCIL BILL NO. 57 INTRODUCED BY COUNCIL MEMBER HIGDAY AN ORDINANCE ADOPTING THE BUDGET OF THE CITY OF ENGLEWOOD, COLORADO, FOR THE FISCAL YEAR 1983 AND DECLARING AN EMERGENCY. WHEREAS, pursuant to the provisions of Part I of Article X of the Charter of the City of Englewood, Colorado, adopted by the voters on July 8, 1958, a budget for the fiscal year 1983 was duly submitted by the City Manager to the City Council before September 15, 1982; and WHEREAS, a public hearing on the said budget was held by the City Council within three weeks after its submission at the meeting of the City Council on September 20, 1982, regular notice of the time and place of said hearing having been published within seven days after subm i ssion of the budget, the manner provided in the Charter for the publication of ordinance; and WHEREAS, the City Council adopted Resolution No. 4 7 , Series of 1982, on the 15th day of November, 1982, sa i d Resolution amending the 1983 proposed budget. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CI TY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Secti on 1. the fiscal considered Resolution budget for That the budget of the City of Englewood, Colorado, for year 1983, as s ubmitted by the City Manager and duly by the City Council after public hearing and amended by No. 47, Series of 1982 , be and hereby is adopt ed as the the City of Engle wood for the fiscal year 1983. Section 2. That the said budget as amended and accepted shall be a public record in the office of the City Clerk and shall be open to public inspection. Sufficient copies thereof shall be made avail- able for the use of the City Council and the public, the number of copies to be determined by the City Manager. S ction 3. That th health, safety and welfare of the City require that this Ordinance be passed as an emergency measure in order that the operation of government proceed; this Ordinance shall become effective upon its final passage according to the Charter of the City of Englewood. Introduced, rad in full, and passed on first reading on th 15th day of Novemb r, 1982. • I> I • • - • • • • ... -2- Published as a bill for an Ordinance on the 17th day of November, 1982. Read by title and passed on final reading on the 6th day of December, 1982. Published by title as Ordinance No.~J:l, Series of 1982, on the 8th day of December, 1982. Eugene L. Otis, Mayor ATTEST: 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 Ordinance No. \f:a , Series of 1982, passed on final reading on the 6th day of December, 1982, and published as Ordinance No. ,fcx , Series of 1982, on the 8th day of December, 1982. Gary R. Higbee • I • • _n - • • ORDINANCE NO. .5) SERIES OF 1982 • • • BY AUTHORITY COUNCIL BILL NO. 58 INTRODUCED BY COUNCIL MEMBER FITZPATRICK AN ORDINANCE APPROPRIATING MONIES FOR ALL MUNICIPAL PURPOSES IN THE CITY OF ENGLEWOOD, COLORADO, IN THE FISCAL YEAR BEGINNING JANUARY 1, 1983 AND ENDING DECEMBER 31, 1983, CONSTITUTING WHAT IS TERMED THE ANNUAL APPROPRIATION BILL FOR THE FISCAL YEAR 1983, AND DECLAR- ING AN EMERGENCY. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. That there be and there hereby is appropriated from the revenue deriving from taxation in the City of Englewood, Colorado, from collection of license fees and from all other sources of revenue during the year beginning January 1, 1983 and ending December 31, 1983, the amounts hereinafter set forth for the object and purpose specified and set opposite thereto, specifically as follows, to wit: GENERAL FUND Legislation and Counsel Municipal Court Administration Public Works Fire Police Community Development Library Parks and Recreation Total Operating Transfer to PIF Total PUBLIC IMPROVE MEN T FUND Construction of Major Capital Projects WATER ENTERPRISE FUND Total Water Enterprise Fund • $ 469,306 287,765 1,505,116 2,802,117 2,854,231 3,946,739 701,149 519 ,369 2,055,551 15,141,343 700,000 $15,841,343 $ 2,422,100 $ 3,008,989 I • • - • • • - -2- SEWER ENTERPRISE FUND Total Sewer Enterprise Fund GOLF COURSE FUND Total Golf Course Fund REVENUE SHARING General Fund -Public Safety GRAND TOTAL $ 3 ,221,196 $ 492,072 $ 571,979 $25,557,679 Section 2 . The foregoing appropriations shall be considered to be appropriations to groups within a program or department within the fund indicated but shall not be construed to be appropriation to line items within any groups, even though such line items may be set forth as the adopted budget for the fiscal year 1983. Section 3. All monies in the hands of the Director of Finance, or to come into his hands for the fis~al year 1983, may be applied on the outstanding claims now due or to become due in the said fiscal year of 1983. Section 4. All unappropriated monies that may co me into the h ands of the Director of Finance during the year 1983 may be so dist ri - buted among the respective funds herein as the Ci ty Council may deem best under such control as is prov ided by la w. Section 5 . During or at the close of the fiscal year of 1982 , any surplus money in any of the respective funds, after all claims for 1982 against the same have been paid, may be distributed to any other fund or funds at the discretion of the City Council . Section 6. That the health, safety and welfare of the City r - quire that this Ordinance be passed as an mergency measur in order that the operation of gov rnment proceed; this Ordinance shall become effective upon its final passag according to the Charter of the City of Englewood. Introduced , read in full, and passed on first reading on the 15th day of November, 1982. • I • • - • • • • • -3- Published as a bill for an Ordinance on the 17th day of November, 1982. Read by title and passed on final reading on the 6th day of December, 1982. Published by title as Ordinance No. 1 982, on the 8th day of December, 1982. ~~~~' Series of Eugene L. Otis, Mayor ATTEST: ex officio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and complete copy of the Ordinance passed on final reading and published by title as Ordinance No. , Series of 1982. Gary R. Higbee • I • • • ORDINANCE NO. '5~ SERIES OF 1982 • • • BY AUTHORITY COUNCIL BILL NO. 58 INTRODUCED BY COUNCIL MEMBER FITZPATRICK AN ORDINANCE APPROPRIATING MONIES FOR ALL MUNICIPAL PURPOSES IN THE CITY OF ENGLEWOOD, COLORADO, IN THE FISCAL YEAR BEGINNING JANUARY 1, 1983 AND ENDING DECEMBER 31, 1983, CONSTITUTING WHAT IS TERMED THE ANNUAL APPROPRIATION BILL FOR THE FISCAL YEAR 1983, AND DECLAR- ING AN EMERGENCY. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. That there be and there hereby is appropriated from the revenue deriving from taxation in the City of Englewood, Colorado, from collection of license fees and from all other sources of revenue during the year beginning January 1, 1983 and ending December 31, 1983, the amounts hereinafter set forth for the object and purpose specified and set opposite thereto, specifically as fol lows, to wit: Legislation and Counsel Municipal Court Administration Public Works Fire Police Community Development Library Parks and Recreation Total Operating Transfer to PIF Total GENERAL FUND PUBLIC IMPROVEMENT FUND Construction of Ma jor Capital Projects WATER ENTERPRISE FUND Total Water Enterprise Fund • $ 469,306 287,765 1,505,116 2,802,117 2,854,231 3,946,739 701 ,149 519 ,369 2,055,551 15 ,141 ,343 700,000 $15,841,343 $ 2,422,100 $ 3,008,989 I • • - • • • • -2- SEWER ENTERPRISE FUND Total Sewer Enterprise Fund GOLF COURSE FUND Total Golf Course Fund REVENUE SHARING General Fund -Public Safety GRAND TOTAL $ 3,221,1 96 $ 492,072 $ 571,979 $25,557,679 Section 2. The foregoing appropriations shall be considered to be appropriations to groups within a program or department within the fund indicated but shall not be construed to be appropriation to line items within any groups, even though such line items may be s et forth as the adopted budget for the fiscal year 198 3 . Section 3. All monies in the h ands o f the Di rector of Finance, or to come into his hands for the fis c al year 1983, may be app l ied o n the outstanding claims n ow d ue o r to bec o me due in the sa i d fisc a l year of 1983. S ection 4. All unapp ro pr i at ed monies tha t may come i nto the ha n ds o f the Direc t o r of F i n ance du r ing the year 1 9 83 ma y be so distri- b uted among the r especti v e funds h erei n a s the City Coun cil may dee m be st und e r such control as is provided by l aw. Section 5 . Du r ing or at the close of the fiscal y e ar of 1982 , any su r plus money in any of the respective funds , af ter a ll claims for 1982 against the same have been paid , may be dist r ibuted to any other fund or funds at the discretion of the City Council. Sec tion 6. That the health , safety and welfare of the City re - quire that this Ordinance be passed as an emergency measure in order that the operation of government proceed; this Ordinance shall become effective upon its final passage according to the Charter of the City of Englewood . Introduced, read in full , and passed on first reading on the 15th day of November , 1982. I • • In - • • • • • -3 - Published as a bill for an Ordinance on the 17th day of November, 1982. Read by title and passed on final reading o n the 6th day of December, 1982. Published by title as Ordinance No. ~cJ 1982 , on the 8th day of December, 1982. , Series of Eugene L. Otis, Mayor ATTEST: ex officio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and complete copy of the Ordinance passed on final reading and published by title as Ordinance No.~, Series of 1982. Gary R. Higbee I • • - • ORDINANCE NO. ,51 SERIES OF 1982 BY AUTHORITY • • • 7f COUNCIL BILL NO. 60 INTRODUCED BY COUNCIL MEMBER HIGDAY AN ORDINANCE AUTHORIZING A CONTRACT WITH THE CITY OF LITTLETON, COLORA DO, TO JOINTLY OPERATE THE JOINT-USE WASTEWATER TREATMENT FACILITY. WHEREAS, the City of Englewood and the City of Littleton are Home Rule Cities operating under charters pursuant to Artic le XX of the Constitution of the State of Colorado; and WHEREAS, the power to contract with each other is within the scope of the basic powers of both cities and with i n the specific provisions of C.R.S . 1973, 29-1-201 et seq.; and WHEREAS, considerable planning and negotiations, involving the appropriate representatives of each city have resulted in a proposed contract to jointly operate the Joint-Use Wastewater Treatment Facility; and WHEREAS, both parties have come to a mutual agreement, which is Draft No. 7, November 1, 1982; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. That the City of Englewood shall cont ract with the City of Littleton, Colo rado, according to the provisions of the written instrument captioned •Agreement Between The Cities of Littleton And Englewood, Colorado For Joint-Use Wastewater Treatment Fac ilities•, which is attached hereto, consisting of twelve (12) typewritten pages , and inco rporated by reference. Said instrument generally provides that: a) The character of ownership shall be tenancy in common; b) A five-m mb r Supervisory Committee sh 11 ov rsee construction and operation of th facility; c) Allocation of op r ting costs shall be determined by specified formulas; d) Subsequent pl nt enlargement shall follow d scrib d guid lines; e) Financing, service area, and contingency proc dure shall b as detail d th rein . Th May or of the City of Engl wo od is hereby authoriz d and directed to x cue the instrum nt incorporat d by r terence in Section land the Director of Fin nc , x officio City Clerk-Treasurer , shall duly attest said xecution • • I • • - • • • • • Introduced, read in full, amended, and passed on first readi n g as amended on the 15th day of November, 1982. Published as a Bill for an Ordinance on the 17th day of November, 1982. Read by title and passed on final reading on the 6th day of December, 1982. Published by title as Ordinance No. the 8th day of December, 1982. Attest: ex officio City Clerk-Treasurer , Series of 1982, 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 passed on final reading and published by title as Ordinance No. , Series of 1982. Gary R. Higbee I • • - • ORDINANCE NO.~\ i.f- SERIES OF 1982 • • • BY AUTHORITY 7f COUNCIL BILL NO . 60 INTRODUCED BY COUNCIL MEMBER HIGDAY AN ORDINANCE AUTHORIZING A CO NTRA CT WITH THE CITY OF LITTLETON , COLORADO , TO JOINTLY OPERATE THE JOINT-USE WA STEWATER TREAT MEN T FA C ILITY. WHEREAS, the City of Engle wood and the C ity of Littleton are Home Rule Cities operating under charters pursuant to Artic le XX of the Constitution of the State of Colorado; and WHEREAS, the power to contract with ea ch other is with in the scope of the basi c powers of both cities and with in the specific provisions of C.R.S. 1973, 29-1-201 et seq.; and WHEREAS, consi derable planning and negotiations, involving the appropriate representatives of each city have resulted in a proposed contract to jointly operate the Joint -Use Wastewater Treatment Facility; and WHEREAS, both parties have come to a mutual agreement, which is Draft No. 7, November 1, 1982; NOW, THEREFORE, BE IT ORDAINED BY THE CI TY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. That the City of Englewood shall cont ract with the City of Littleton, Colorado , according to the provisions of the wr itten instrument captio ned •A gre ment Between The Cities of Littleton And Englewood, Colorado For Joint-Use Wastewater Treatment Facilities•, which is at ached hereto, consisting of twelve (12) typ wr it en pages, and incorporated by reference. Said instrument generally provides that: a) The character of o wn rship shall be tenancy in common; b l A five-m mb r Supervisory Comm tte shall ov r constructi on and operation of th facility; c) Allocation of operating costs shall be determin d by specified formulas; d) Subsequ nt pl nt enlarg ment shall follow described guid lines; e) Fin ncing, service r a, nd con ting ncy roe dures shall b as detail d ther in. Section 2. Th H yor o th City of ngl wood i her by authorized and d rected to execute the instru nt incorpor t d by ref rence in section land the Director o inane , ex officio City Clerk-Treaaur r, shall duly attest said xecution • I • • - •• • • • • Introduced, read in full, amended, and passed on first read ing as amended on the 15th day of November, 1982. Published as a Bill for an Ordinan ce on the 17th day of November, 1982. Read by title and passed on final reading on the 6th day of December, 1982. Published by title as Ordinance No. ~'f', Series of 1982, on the 8th day of December, 1982. Eugene L. Otis, Mayor Attest: ex officio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and complete copy of the Ordinance passed on final reading and published by title as Ordinance No.~, Series of 1982. Gary R. Higbee • I • • - • • • • DAAFT NO. 7 NOYEMIIER 1, 1982 AGREEMENT BETWEEN THE CITIES -OF LITILETOH AIIO ENGLEWOOD, COLORADO FOR JOINT-USE WASTEWATER TREATMOIT FAGILlTlES This Agre-t, entered into this _______ day of----- 19 __ , by ind between the Ci ty of Littleton, Colorado, a .,u nic1 p1l corporat i on of the State of Co l orado (here i n1fter referred to as · "Litt l eton ") and City of Eng l ewood, Color1do, 1 auni cipa l corpora- t i on o f the Stlte of Co l or1do (he..-i111fter ..-fer..-d to 1s "Eng l ewood "): WHEREAS, on the 2nd dly of July, 1973 , tlle Cities of Littleton i nd E"9lll000d entered I nto 111 19-t for construction i nd operat- t i on of the Joint-Use Wutew1ter T..-1taent Pllnt, 2900 Sou t h Pla t te River Dr ive , Englewood, Color1do 80110 . WHEREAS, th is contr1ct wu ente..-d i nto P1,1rsu1n t to the bn fc ~rs of the Cities to contnct with Mdl otller 1nd, further, pur-· su1nt to en1etaent by . the State l19hl1ture 111 1971 of an -nQlllnt to C.R.S 1973, 29-1-21)1; 1nd IIIEREAS , to IU9Nftt a~ci ~ of the Joint-llH WTP, the En9e l wood Wl stewuer r ..-u ... nt Pl a nt, 1100 lltH All-. En\)1-,j, CD, 80 110 , WIS ..-nov1ted Ind pllctd i n serv i ce i n S.,~r. ltaZ ; 1nd IIIEREAS , for purposes of th is ••-t I.lie foll ow 1nQ definitions will be used : Joint-Use wrr [ngl~ WTP II-C i ty WTP • J o int-UH W.s~ter r ,...tNnt Plint 2tDO S. '11 t te Riv er Drive E,,Q 1 ewod, to 80110 • En9lewoo W.s ~ter Tl'N lllent Pllnt 1100 II tes Av e Engl~. CD 80110 -C0111111n OC>eNtlons of Jo1nt-U s ["91IWOOCI wt,: Incl £REAS, the City of £n9l h the IOle r of t he Encilewood TP •• j oint .... of tlle tnt •U\I "••t, HCII ....... Incl ... tlltftht<I to 'lfty Percent (soi) of o rtt i ll4 UHClt1 of t Jo nt-Use Plant, • I • • -• • • -2- which c1pac l ty is 1pproxi111tely 20 million gallons per d1y (1111d) with Littl eton being entitled to approxi .. tely 10 119d 1nd Enqlewood being entitled to approxiNtely 10 agd; 1nd, WHEREAS, it is the intention of the Cities of Littleton ind Eng l ewood to Nn1qe ind operate the Englewood IIITP in concert with, ind withi n the 1dainistr1tive structure estllllhhed for, the Joint- Ust WWTP; 1nd, WHEREAS, the blsic: concept of this A9r-t ts that ne i ther City shi ll be a custc.er of the other, but rather the Ci ties shill oper,u the Bi -City Pl1nt wi th costs of 1dditions, ind costs of operoti on 1nd .. intenonc:e being dividad bebMen U-in I f1tr 1nd equ i t1bl e .. nner as set forth hereinafter with greuer spec:tftcity; WHEREAS, over the past severol y11r1, operations ind MNa-nt of the Jo i nt-Use Pllnt hove cti£ngtd, .the ~itlleflt be~n the Cities of Littleton ind Engleooood Ms cMngtd, the UNlenUndtng of opera-. t i ons 1nd Nnlo-nt hH been refined, Ind pl1nnt119 Ml begun for up1ndtn9 the Joint-Use Plant with construction of -f1ctltties ind --th, ·add i t i on of the NM>Vlted Engl-«! Plant, Ind ltlEREAS, the Clt4as of Li ttleton 1nd Engl-.od 19rN ta.t t t IS t n the be st i nterest of both Ctt t es to -.lld the 2nd dly of July, 1973 ag .-.-nt concem,ng the Joi nt-U se W.stwtter r ... 1aent F1c tli ty to aore 1ccur1te ly represen t tlle needs of both 111rt i es . IIOW TH R(FOAE, IT IS ACREED Dy Ind betweft the p1rtt es hereto that this• re nt shill replace th~ 2nd d1y of July, 1973 141r-t IS the undern1ndlng between cities on -rslllp 1nd OH rttion o f the 11· City Plant . SECTIOfl I OPUATIOII 1. S1111erv11ory ltt •IWI ..,lch s hi ll con- sist of t.wo • 1nutr1t1•• .-.lo)'ffl f ra •ch city. Jes• 1 n1ttd y City ~n oer of 1cll City, ,11111 ov ersee •11 u ru •uns ol Join t ,~c• 1 It• .-.41 •tte-t •ttt.11'$, be -.de lly MJWity wote . 111 Ult e,,e,i t tMt • 1 "lf •11to ,1n t •• •r••VN H on ••1 •n t e rs w• u1111 • I • • - • • • - -3- the scope of their authority, then, and in that event, a fifth member of the Supervisory COlllllittH shal 1 be apPQinted for the purpose of reaching a detenolnation of that hsue . The fifth meaober shall be an Individual whose identity is agreed upon by the two Cities, or in the abHnce o f such agrooment, the fifth ..i,er shall be appointed by the presiding Judge of the Eighteenth Judicial District of the State of Colorado, and this fifth Nllber so appo in ted shall be one who is exper i enced 1nd eduuted i n the field of w1stew1tor trutment, ind the operation of treataent plants . Costs for the fifth IHlllber shall be apportioned equally to both cities (SOS each) out of the Bl-C i ty Plant Oper1t I ng bud;et . z. The Supervisory CoalittH shall hold -thly -tlnqs to discuss plant operati ons and adlll l nistration . 3. The City of fn9lwood shall ~rite the Ii-Cit.)' Plant -!er the control of tile Supervisory C-lttH. fn9lwood shall be relllbursed for Littleton's share of the 11-Clty Plant operating upendltures baled on 1ct1Aal verlflallle costs 15 estlbl !shed under Section III, plus an ... lnistration fee of three pel"Cttlt (JS) of the total o,eratlng budget, ex clus,ve of the Capital Re lnve5t-t Account defined in Section 111-J 111d ap i tal outl•ys for r.ew equl-t or f1c il1tlts. 4 . 11.11,n ,,. (1) yHr fr llWt da te of this cont rJct. He/I City\ a ll .00 t and e11foru 1ndu5trlll wute .. na-nt ord1n•nce1 cont,..1111, 1nfl otnt to the pltnt, and shall en force • ffl """t st stlte u,e1 ra l r l at1ons . In the event thit th conttn to dts"'•l"I •He ontJ1nl1>9 J higher BOD con- tent, th "· and "' hat event, thtt Ctty shall Pl1 1n •.id1t 1on•I ~ ... to be 11eteno,,..<1 by the SUlMlrvl\orv Co.ittce. tll Clt1n s 11a ll reou1re -ll ance with u1d oro,n•nce roa H ft of he dh tricu wntch tftey H,.,,e . S. The re•,t1'ittCI ["'II< w4 •H-ter Tt'fftrltflt Pl tnt wtll be I • • n " - • • • • • 4. d i rection of the Supervisory C01111lttff, 111d oper,tlnv costs for the Englewood WWTP facll lties will be apportioned to both cities as stated in Section Ill of this Agre-nt. The Engle- wood WWTP wi 11 re...in under sole ownership of the City of Englewood, and therefore will not be a coaponent in the Capi Ul Rtinvestllent Account dhcuned In Section II l of this Agreement . 6 . Monthly reports rel1tlve to operation of the Bi-C i ty Plant shill be required by the Supervhory C-lttee. The Bi-C ity Plant facilities and records shall be open for I nspecti on and rev i ew of the parties; 7. Meet i ngs of the Joint City C01111cils for the Cities of Li ttl eton 1nd Envlewood shill be held at lMst once per year . 8. Eac h City coveiwnts ind agrees thlt It will 11ener1te sufficient revenues through s-r rates or other •ans to Nke th~ pay,oents necessary under the tt,. of this contract . SECT! ON II SUBSEQUENT PlAIIT EIIUAGEIIENT 1. At su ch t i • as e i ther City Is ust111 eight.)' percent (80l) of i ts apaclty I n the et-C i ty Pl111t, or 1s llftder contract •I th Dist ri cts or other enti t l es, .it1th lNcl tt ,...._. bly to conclude that h SOOII wtll be 1t or onr the wtd e igh ty perunt (80i ) f i gure , I t My request thlt the other City lust or sell I port i on of the UIIUI K CINCl t y of the Joint-use. Plant owned by utd other City, or It N Y enhrqe the Joint-Use Plant. ~.i shall ~uln th" rH1ht to part1c tpate i n Any 11•r,ar.sinn nt"'OJeCt'l ror th~ Joint- Use plant. wheth~r or not they l nltuted the exp1nsion request 11nc1 pldnn1nQ ..effnrt~. z. The cost of any enl ar-nt , if requ ired, lly -Cl t y pur ,u.ant to the tera\ of S,ct Ion II, p1ngr11)h I, s hi 11 bt borne by the c, ty requiring t he pl an t enl ,rq-nt, .alWI the .Od1ti oMI up.city sha ll be~ by u l d City . J. In tne 11vent bOth Cities reoulre..odltto,11 1 ol ant u ..,.c,ty, th•Y \na ll sha re ,n the ost ""° eventual -rsnlo of the ,nc reoed ca,.atttY 011,0 -the _, of the "'''•• ,, ' "'"'""••, .... ,.,1 .. ••J DV • .a ti • • I • • - • • • • -5- SECTION 111 FINAliCING 1. Alloctt1on of an-1 chal'9ft 111d deter1111111t1on of rates for openUo• of the 81-Clt,y Plant shall be clete,,.1ned I n the follCl"'inq 111nner : l.l The total an-1 char"9es for the operation and .. 1nten1nce (hereinafter referred to as OM) for ffth year slwll be based on actiul costs and use as related to vol-of sewage contri buted by Heh City . CoaU will be apportioned accord ing to fixed •nd variable costs listed i n Appendix l. 2 Eich t i ty sha 11 ~ OM cos ts no 1, ter than the 10th day of eath -th by 111110rtionlng --twlfth of the total a-1 tolU budtetecl for plant operations and Mintenante In accoNllnee with the tolt fo...ula si-1n Append i x I, 1111119 the average flOW5 fnia both Cities for the 10-th period 1aecllately preceding ulculat1on. 1.3 DUI costs shall be MJ111ted twice ffth ,.ar, on NIY lit and Noveaber 1st, to 1cC01111t for 1tt111l operating costs . The final ,.ar-encl cost aclju1ia.t shall be NHcl on actual flCIWII ... ICU..1 tolU (1ntlucling ouutancllng ttCOIIIIU paylllle) for Chit ,.ar. 1.4 C.th City will accrue 11,terat on aclvuce pa,-,.ts for 0&/1 costs 111 Pl'IIIIOrtion to relative contri bution . TIie final Yffr-...S co,t llij111-t will ac~t for l11tere1t; e,rned by both cltlH. 2. ll1 the • en.t cap1ul N1P1lrs are -Hr)' re11ulr lnn tJlpendlture of funds above thoH •hlth the Jo111t-UH Phnt h.n 3[ Its dhPOHl, they 1lwll be paid one-11,lf by Htll City; but ,r In the future, lhrouqll pl,11t ::nl •rge- aent, 11ne Clly ,ctu,lly _,, 111re of the pl111t, they "h•ll be boH on the then u1stl119 ratio of ~lllp. • I • • • • • • -6- 3. A C1piUl Reinvn~nt Account 5h&l1 be Initiated In fhc•l yHr 1983 with the Intent of Httlng uide funds on •n 1MU1l buh for coverl119 depreciation cosu for c1plUl UHts of Joint-UH WIITP (the .-..cthated Englewood Wutewiter Treai-t Plant 1s explicitly not con,l derecl i n the C&p i tal . Reinvn-t Ac-t). The capital reinvataent acCIMlllt 1h&ll lie -vect H follows : 3.1 The ctpirtl ctiav,,r_t ICCAMOt ,01 bf ht]d in twp SIPl '"ltC " ac co unts (one u ch c ity} defi ned spec i f1c1 ll y f o r this purpose, tO be i nvested ind !fll&ffl 1nclepetldefttly by NCh city . Annual reports on the Capital leinve1ta11nt accounts will be 1ubai tted to the Supervhory C-1ttff for review . 3 .2 The distri buti on of fun4S to the capi tal re1nn,t- aent account wil l be allocated on an annual IN1h thl"OU9h budget approval of the c i ty councl 11 of both Clt1a . Total -1 c:oatr111utiOII to tile capital re1nve,i-t acCOU11t 511&11 lie depo1ited quarterly t n four equal dhkn-u, Nell dh- bur1-t Mcie i n adv-by tlle 10th~" of the . f irst -th of Nch quarter . 3.3 The tota l annua l contri bution co tile capi tal re l 11H1-t account 111&11 lie .,.....,.. by 111.Jorl ty vote of bo th city counci l$ by 11ec-.r lit .. di year . uc:11 city shall tontrillute t o the .account In proport i on to relative _r,lllp 111 the Joint-UH ,i.nt . 3.4 The Intent of the caotul relnvntaont •~t h to ut uidt f 1111ds 111 proportion to the total unua l depreciation n adjusted for 111fl a t1on ,nc1 pruent "°"th of Jo1ntly-ownt<1 f• 11ftlos . To anht the budnttlll<I ~ lnfl&t OIi &nd pre1e11t IOOl'tJI sh ,11 lie COIIIIUled annually u11n tht EPA Construc:tton Co5t llldea for L•Nle City Advanced r reatMtnt (LCATl 111 the O.ver Al'M . TIit ute of ref..-.nce for tllt tntti&I full I tits shall be the fourtll I\Vil'ttr of 1977 (C,S CCl •IZl). llllseqwent Md t1ons • I • • • • • • ... -7- shall be referenced to th• Quarterly Index of stnt- up of new hc111t1H. Accounting 111d depreci&Uon of cop1t1l HHU 1ti.ll be ICCQrd111i1 to Appendix 11. The est1a.ted annual depreciation shall be prepared by July 31st of Heh yHr fQr the upcoming year, 1nd t"1s 1nfo,...t1on will be Nde .v11l1ble to both cities u • py1de for bydp9ttnp purpOffs. TIie 1ctual cor.trtbutton sh111 be det1,.1ntd through budget approval by both City Counc11s .s defined 1n S.CtiOfl 111-3 .2 of this AqreeNnt . 3.5 FIIIICls f,,.. the uptt&l re1nve1-t account 1ti.ll be uHd for repll-t or reful'lltilltng of 111htt1111 factltttes or equtpaent at tile Jol•t-Use Plant only. In this t"e9ard, funds c111 be 111ed for repl1cl119 ea11t1119 factl1t1es or equtpaent wtUI altel'Mt1ve technol ogy, provided the Int.Nied fiact1on of the -factltt1es 11 the ua u fw tile factlttles N11l1Ced . Eapltcttly, tll11 .-t 11 not t•tended for plant eapan11on, oper1t1 .. 11111 •111~ lll!*IHS, N11lact119 factltttes at tile £1111_.t WIITP or et11- 1-rt119 f-. lwty 1110 of tall KCOUllt -t be lllll"Offd by the Supent se,y c-1 ttee, 111111 UIIOII· cllwroa -t be °"°r 52,00D for OKII Kth lt,y. SECTIOII IV. SERVICE AACA L It is I basic concoot of l091col clo'lol.....,.t of -r tre1tNnt fac111tto, tMt CGllecttOft 1ysi.as s- dralnaoe bnlns wllh:11 flow Mtur11ly bv onv1ty. Cacept where uutln9 contracts with Dhtrlcts, or other enti- tles, present t eq1l ,~,...,u wll1ch c-t be over- a,ae by -tl1t1on and ~t. It Is IQl'ffd th•t Hch City shill nrn t.llOH drain• 01s1ns wlllth flow n1turalty to tho col lect1CIII full ltlH of the uld Cltv. .lop,,iwlu Ill, ~ 111,1p or th• <1r,ln14111 bHhl\, ~-r 1,rv1ct autr>cu, .and s,r,,1ce .areo of t.110 tlllO Cities, 11 ttUChM to •nd .... • 111rt of tllh AQ,-..c. If 111 •r~• 11o11r1nq s n11ce h 111 tho dr1l11-b,sln of - Ci ty, t tnat Caty refusn nrv1co, tMII tllO seco,,d I • .. • • • -a- City NY serve tt upaa toomvtl bY t!tt Ucst ~ "Refusal to ~erve• shall -that upon written applicAtion, tile Cit¥ inwhecl shill expressly denY service to tile applicant; t1111l1ecl refusal shall Man that upon written appl1catiCM1, the City Involved does not respond in writing within 11xty (iO) clays froa the date of application; condlt1-l a,11ro¥al of 1enlce shall not be construed II a refusal of Hrvlce. There shall be no ex111n,1on of servica by -City acron or Into b11lns whl"' Mturally drain to the coll~tlon facilities of the other City, ucept u llerelnaboV• prov i ded. SECTIOII Y. N1SC£LLA11£0US l . This contract shill e11ht In per,etuity, wnleH terwl111tecl lly aitual 111-"t or operat11111 of ,..,,. Upon terwlMtlon of thh A41..-t. UHU allall lie divided be-the CltlH In sucll _,. 11 they NY atree upon, llut In the UHIICe of auc:11 ",-t, then IIY appraisal with a ,._.r of tile _.,tsal Institute (MAI) being c1es11111tec1 by the Cltla, or h1 tile absence of an 14...-t on tlle IN11tH,y of tile MAl, by III IIAl appraiser deli9111tecl IIY tile ,,_1dt1111 .lllll9e of the El9htHnth Judicial District of the State of Colorado . 2. In order to prov ide for proper --t of the jol11t f1cil1ty, I t Is ullderstoad and aqreed tllat di rect taps to tll• treatMtlt pl~nt, or to the Interceptor 11M sllAll be tn • at n,_ size of eMht (8 ) l ftClles . 3. lttt l .. ton shall reserve for £nol .-d'I UH rnerve ca~ctty of OM atlllon 911ln111 per day avn..-flw h1 the 1111\,t•lix (66) 111<.h t nteretotor """ WIii Ch COIIVn1 LlttleUMI ·, ..... to the 11· .l ty '1111t • • I • • • • -9- Done 1nd s i ~ned IS of the dq ind yen flnt ibove wrl tten . CITY OF Llm£TON By __________ _ Pre,ldent of City Council ATT EST . Ci ty Clerk C !TY OF EllilEWOOO .. , __________ _ "-Yor ATTEST City Clerlt Approved n to fo,,. R!ck Dewitt, City Attorney City of tft91~ L1rry Bertowlu, City Attorney City of Littleton I • • • • - • • • • • APPENDIX I SCHEDULE Of OPWTIOIIS All> MIIITEIWICE COST AUOCATIOII FACTORS * ITEM AU.OCATIOII FACTOR 1. Per'IOIINl $Alaries V 2. Aclll1n1strat1on Ellpenaes F 3. luor&WI')' F 4 . Rentals V 5. Clla1c:ab V 6, Ut111t1es .... V 7. Ve111cles V 8, Ma1ntenanc:e/Materials V 9. Slllllae D11powl V 10. Tra1a1 .. V 11. mfel11oul S."1ca f u. Collt1~ V • V -dello&ea ver11111e COits .,..-t10MII KCIONi .. w relative flow coatr11111t1oa. ll&Md 1111 aver• fl-foir 1M 10 -.. e11 period i..t1ately preced1119 c:algilat1oa, F -4-ota fl-' COits .,...rt10IIN KCIIN1 .. to Nl&the -1'511ip • I • • • - • • APPENDIX II CAPITAL ~lllli CATE&Gal£$ AND DEPRECIATION SCHEOULE tstikATEifTI f'E PROUSS MfA SUI-CATEGORIES YEARS l. Kucilllork, A. luildilll Mlteri•ls ucl Colll true ti on 50 2. Pri .... Y C\ar1f1ers •• Nohture Protection 25 3. Pri•ry Sludee PIIIP sution . c. Doors, Wi ndOlill I G\ H5 15 4. Oqgen IU1n &!Id &Mcrator D. ft111lhe1 5 5. Fi Ml Clarifier E. Eq11ipa111t 15-30 6. Chlor1Mtion F. tonvQt 1111 Sys tea 10 7. Anaerobic D1 .. ters ,. llVAC l Plllll>tag 10-30 8. Engine &eneretors H, Procell Pt ping 50 g, So 11 els Hucl111111 I. Electriul 40 10. AdlllinhtratiOII J. cae1-r11111 Service, 30 11. Yil'O Piping D1ltr1111it1N uo Electrical 12. St~rk 13 . T-h 14 . lns~tit1N &M Colltroli 16. Main~ SIMlp 16 • Vellicln • I • • • - .. ~ -. ,.-_,-.. .......... -.. \. , ........ ~-······ / . ; .-" : . . ;..,." ""o;.I I ~ t LITTLE'l'Qf r • • - -'\ 4 .. ·I 0 •• . j,,;·· ,,. . .. " ·,} . .... .. Appendix JtI JOINT USE LOCATION HAP AllO WATER SUPPLY INTAKES ~ITHIN FIVE MIL!:S1 1. 2. L 4. s . 6 . Joint Use Treat- !l'ent Plant Bear Creek Headgate Allen Plant Head9ate ~:ct.ellan Head9ates City Ditch Headqate ll e vada Ditch Headgate ...... ... , )......:l.--11111-·--{· t ..... r I ). .·. i i l • - • • • • • 7G- BY AUTHORITY / ORDINANCE NO. _5 ~ SERIES OF 1982 COUNCIL BILL NO. 61 INTRODUCED BY CO UNCIL MEMBER FITZPATRICK AN ORDINANCE APPROVING ADDENDUM TO THE 1982-1983 CONTRA CT BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND THE ENGLEWOOD EMPLOYEES ASSOCIATION. WHEREAS, by Ordinance No. 63, Series of 1982, the City of Englewood and the Englewood Employees Association reached agreement on terms and conditions of employment for the period of January 1 , 1982 through December 31, 1983; and WHEREAS, said agreement provided for reopening wage negotiations; and WHEREAS, the parties have concluded negotiation of wages; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. Ordinance No. 63, Series of 1981, is hereby amended to include an agreement titled •Addendum to the 1981-1983 Contract Between the City of Englewood and the Englewood Employees Association•, which agreement, attached hereto and marked Exhibit A, is hereby approved by the City Council of the City of Englewood. Section 2. The addendum described in Section 1 hereof completes the obligations of both parties with respect to Article VIII.F. of the Memorandum of Understanding between the City of Englewood and the Englewood Employees Association adopted by Ordinance No. 63, Series of 1981. Section 3. The Mayor of the City of Englewood is hereby authorized and direc ted to execute the Add endum described in Section 1 hereof and the Director of Finance, ex officio City Clerk-Treasurer, shall attest the same. Introduc d, read in full, and passed on first reading on the 15th day of November , 1982. Published as a Bill for an Ordinance on the 17th day of November, 1982 • l I I • • - • • • • • Read by title and passed on final reading on the 6th day of December, 1982. Published by title as Ordinance No. the 8th day of December, 1982. Attest: ex off1c10 city Clerk-Treasurer ~~~' Series of 1982, 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 passed on final reading and published by title as Ordinance No. , Series of 1982. ~~ Gary R. Higbee 2 • I • • • • • 7G- BY AUTHORITY ORDINANCE NO.~~ S ER I ES OF 1982 CO UNCI L BI LL NO . 6 1 I NTRODU CED BY COUN CIL MEMBER FITZPATRICK AN ORDINANCE APPROVING ADDENDUM TO THE 1982-1983 CONTRACT BETWE EN THE CITY OF ENGLEWOOD, COLORADO, AND THE ENGLEWOOD EMPLOYEE S AS SOCIATION. WHEREAS, by Ordinance No. 63, Series of 1982, the City of Englewood and the Englewood Employees Association reached agreemen t on terms and conditions of employment for the period of Jan u ary 1 , 198 2 through December 31, 1983; and WHEREAS, said agreement provided for reopening wage negotiations; and WHEREAS, the parties have concluded negotiation of wages; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Se c tion 1. Ordinance No. 63, Series of 1981, is hereby amended t o include an agreement titled •Addendum to the 1981-1983 Contract Between the City of Englewood and the Englewood Employees Association•, which agreement, attached hereto and marked Exhibit A, i s hereby approved by the City Council of the City of Englewo od . Section 2 . The addendum described in Section 1 hereof c omplete s the obligation s of both parties with respect to Arti cl e VII I .F. of the Memorandum of Under stand i ng between the City of En g lewo o d a nd the En g l ewoo d Empl o yee s Associ at i on adopted by Or di nan c e No . 63 , Series of 1 9 81. Section 3 . The Ma yor of the City of Eng le wood is hereby authorized and directed to e x ecute the Addendum d e scribed in Section 1 hereof and the Director of Finance , ex officio City Clerk-Treasurer, shall att st the same. In roduced , read in full, and pass don first reading on the 15th day of ovember, 1982. Publish d as a Bill for an Ordinance on th 17th day of Nov ber, 1982 I • • - • ORDINANCE NO.~~ SERIES OF 1982 BY AUTHORITY • • • 7G- COUNCIL BILL NO. 61 INTRODUCED BY COUNCIL MEMBER FITZPATRICK AN ORDIN ANCE APPROVING ADDENDUM TO THE 1982-1983 CONTRACT BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND THE ENGLEWOOD EMPLOYEES ASSOCIATION. WHEREAS, by Ordinance No. 63, Series of 1982, the City of Englewood and the Englewood Employees Association reached agreement on terms and conditions of employment for the period of January 1, 1982 through December 31, 1983; and WHEREAS, said agreement provided for reopening wage negotia tions; and WHEREAS, the parties have concluded negotiation of wages; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. Ordinance No. 63, Series of 1981, is hereby amended to include an agreement titled ·Addendum to the 1981-1983 Contract Between the City of Englewood and the Englewood Employees Association•, which agreement, attached hereto and marked Exhibit A, is hereby approved by the City Council of the City of Englewood. Section 2. The add~ndum described in Section 1 hereof completes the obligations of both parties with respect to Article VIII.F. of the Memorandum of Understanding between the City of Englewood and the Englewood Employees Association adopted by Ordinance No. 63, Series of 1981. Section 3. The Mayor of th City of Englewood is hereby authorized and directed to execute the Addendum described in Section 1 hereof and the Director of Finance, ex officio City Clerk-Treasurer, shall attest the same. Introduc d, read in full, and p ss don first reading on th 15th day of November, 1982. Publish d as a Bill for an Ordinanc on th 17th day of Nov mber, 1982 I • • - • • • • • Read by title and passed on final reading on the 6th day of December, 1982. Published by title as Ordinance No. the 8th day of December, 1982. Attest: ex officio city Clerk-Treasurer ...5'~, Series of 1982, Eugene L. Otis, Mayo r on 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 by title as ordinance No • ...s:,..s:_, Series of 1982. Gary R. Higbee 2 I • • In - • • • • • C O U N C I L C O M M U N I C A T I O N DATE AGENDA ITEM SUBJECT December 1, 1982 1h tr7( Proposed Amendment s to and Adoption of the and Fire Code s . INITIATED BY The Fire Deoartmeot and Department nf Camm11o"it y Development ACT! ON PROPOSED Adopc the Proposed Amendments fo11 ow1 cg a Pub Ji c lieariog INTRODUCTION AND BACKGROUND: The re have been several significant changes made since the 1979 Uniform Building, Plumbing , Mechanical and Fire Codes were adopted which, i n the opinion of the s taff, should be incorporated i nto the Englewoo d Codes. To this e nd, the Fire Marshal and Chief Building Inspector have reviewed the present Codes and the new 1982 Codes and have i dentified those sections which should be added, deleted or modif ied. The pro- po ed amendments are s et forth i n the a ttached information prepared by Fi r e Marshal Grod itsk i and Chief Bu ilding Inspector Pittman. Be cau se the s pecific sections of the code s which are being addressed, and indeed , the Codes themselves , are of a very specialized nature, it ma y be advantageous for the s taff to rev i ew th e p roposed amendment s and revisions i n some detail with the members of the City Council. In this way, an y speci fic question s can be answered and t he reasoning behind some of the provisions can be explained more fully. It is very difficult to place a monetary figure o n the effect of the revised changes on the de- veloper. Fire Mar s hal Grodits ki will have information of the off-setting sav i ng s in fire i n surance i n a sprinklered building, for example. Other requ i reme nts place the burden on the develo per to construct a buil ding in such a way as to redu ce the nece sity for an increase in the Fir D partme nt's personnel and equipment. This places the responsibility on the d veloper rather than th tax paying public. Th modifications in the Building, M chanical a nd Plumbing Code would not incr a e costs of building significantly. Staff is forwarding copies of th 1979 Ordinanc s so th t you may comp are them with the proposed changes. It shou ld b noted that the 1979 Dangerous Bui lding Code has not been revi d. RECOMM ENDATION : The staff would reco nd th t th th Codes and sch dule th m to b adoption . City Council revi w th con id red at a Public H • proposed a ndment s to ring prior to th Lr I • • • • • 1ft M E M O R A N D U M TO: Andy Mccown, City Manager FROM : Gary Pittman, Chief Build i ng Inspector DATE : November 23, 1982 SUB J ECT: Adoption of /Amendments to : 1982 Uniform Codes As you are aware, Fire Marshal Walter J. Grod i tski and myself are propos i ng the adoption of seve r al new ly publ i shed 1982 Unifonn Codes whic h are published by the International Conference of Building Officials and s ponsored by the Western Fire Chi efs Association. Th e Ci ty has already adopted the 1979 vers i on of the Uniform Building, Plum bi ng, Mechanical and Fi re Codes . The adoption of the newly published 198 2 vers i ons of these codes i s mere ly an upgrading of our existing codes. The context of the 1982 Un i fonn Codes rema i ns consistent with the 1979 ve rsi on s , however, there were some needed additions to the 1979 codes and those have been made . There are also some additions to the 1982 Uni f onn Codes that are reconmended . CHANG ES THAT HAVE OC CURRED In order for the Ci ty Counc il to be aware of the changes taking place i n th e Uni form Codes, I will briefly ov erv i ew the major changes which have occur red si nce the 1979 Uni form Codes we r e adopted . 19B2 UNI FORM BUI LDING COD E ' (1) Secti on 1202 (b) ha s been rev ised t o req ui re fire alanns in an apartment hou s e contai ning mor e tha n 15 un i t s even though i t is not three s tories i n he ig ht, exc ept fo r one and t wo-s tory apartment house s with indivi dual dw elli ng uni t s sep ar at ed by one ho ur f i re res is t i ve separations. This fire alann requirement only applied to apartme nt houses containing three or more stories and more than 15 apartme nt s under previous code editions. The increasing nU111ber of fires nationally in low rise apartment buildings precipitates this change. (2 ) Section 1210 (a ) now requires that smoke detectors be install ed in basements of dwelling units and the alann must be audible in t he sleeping area of the •~elling. Previously, smoke detec t ors were only required in the sleeping area of the dwelling. National Fire Pro tection Association statistics reflect a large number of fires starti ng in the basement of dwelling units . This code chang was made to reduce this potential fire hazard . • I • • • • • Englewood City Administration November 23, 1982 Page -2- (3) (4) (5) (6) Section 1712, fonnerly known as section 1717, has been extensively revised. This section regulates the use and installation of foam plastic products. Specifically identified are labeling, ingredients, and use of foam plastics. Many previous foam plastics were hazardous because of toxicity levels, improper use, and flame spread character- istics of such products. The new provisions w;11 clarify where such products can be used, who tests the products, and what lim;tations there are to the products. Section 1715 is a new section designed to fill a need for code pro- visions applicable to the current trends in architectural design of office buildings and hotels wherein the designer makes the use of an atrium due to its spectacular effect of openness within an enclosed building. Fonner provisions of the Unifonn Building Code d;d not address atriums. Section 2516 (f) The provisions for fire and draft stops have been extensively revised primarily in the area of fonnatting for clerity. However, there are also significant changes in specific areas such as : (a) More restrictive requirements for draft stops in floor-ceiling assembl ies of dwellings and hotels . (b) More restrictive draft stop requirements for floor-ceiling concealed spaces constructed of truss construction. (c) Specifies protection of double wall plen1111 construction cOITIIIOn to passive solar design. Chapter 33, wh ich regul ates the required exiting systems of buildings and structures, was reformatted to clarify the ambiguous sections of the 1979 Uniform Building Code. A specific area of revision was in regard to smokeproof enclosures under Section 3310 which has been revised to agree with the reconmendations of the Board for the Coordination of Model Codes and current construction practices. 1982 U !FORM PL BING CODE (1) Section 401 (a) has been changed to allow e tra strength vitrified clay pipe to be installed underground in a building. This has not been permitted in previous codes. (2) Section 401 (a) (2) has been ch anged to allow ABS and PVC drain waste and vent piping in buildings of com bustionable construction. previous codes have only permitted its installation in residential dwellings not more than two s tories tn hight. • I • • • • • • Englewood City Administration November 23, 1982 Page -3- 1982 UNIFORM MECHANICAL CODE (l) Section 1009 has been revised to require single system heating and cooling systems to be detected in Group A, Division l, 2, and 2.1; Group B, Division 2, Groups E and I; and Group R, Division l Occupancies and in buildings of mixed occupancy with capacities exceeding 2,000 cfm. This is a new requirement. The purpose of this new section is to minimize the spread of smoke caused by continued operation of heating and cooling system fans during and after a fire. (2) Section 1905 is a new section containing provisions governing safe installation of small gas fired hobby kilns. (3) Section 2003 (g) revises the maximum ventilating capacity of conmercial hoods. This changes substantially the philosophy of hood ventilation and allows different hood exhaust for various conrnercial hoods. CHANGES THAT ARE RECOMMENDED Attached are copies of the existing ordinance adopting the 1979 Unifonn Codes and the proposed ordinance adopting the 1982 Unifonn Codes. The new ordinance reflects the proposed additions, deletions, and revisions which are proposed to the new codes and existing addendums of the Englewood Municipal Code. Listed below is a review of the changes proposed. (1) The following are proposed revisions to the 1982 Unif orm Building Code. ADDITION: Delete Chapter l and 2 of the Unifonn Building Code and supplement it with an updated version of the achinistrative section of the Englewood Municipal Code, Title III, Chapter I. Our ad&ninistrative section is more specific as it relates to the powers and duties of the Division and the Chief Building Inspector. Revisions have been made to the administrative section to update it to newer versi ons of the model code. ADDITION: Section 302 (a), page 31, APPLICATION. Add second paragraph: Authorized Applicants. Only persons, finns, or corporations duly licensed under the tenns and provisions of this Building Code may apply for a pennit, and such licensees may apply and be issu ed permits to perfonn only such work as they are entitled to perform under their respective licenses. Any application for pennit filed in derogation of this chapter or Building Code shall be deemed to have been filed falsely and shall be invalid notwithstanding the foregoing, and in addition thereto, the following persons shall be deemed to be authorized applicants: 1. Any person who owns an R-3 or M-1 building may make application for a pennit to enlarge, remodel, alter, repair, improve, convert or demolish such building. Upon the issuance of a pennit hereunder, all work shall be perfonned in accordance with all the requirements of this Building Code • • I • • • • • - Engl ewood City Administratio n Nove mber 23 , 1982 Page -4- 2. Any person who owns a property and wishes to construct or erect an R-3 or M-1 Occupancy building or structure on said property for his own occupancy may make application for a permit for such building or structure . Only one (1 ) such owner's permit may be issued to the owner in a twelve-month period . Any person who does not occupy said building within ninety (90) days after its construction shall be deemed a contractor and shall be r eq uired to qualify as such, including payment of all applicable fees . Reason : To specifically identify the authorized applicant in confonnance to our Contractors Li censing Ordinance . ADDITION : Section 304 (a ), Page 30, PERMIT FE ES. Add the following paragraph : The City of Englewood, Arapahoe County, State of Colorado, and the United States of America shall be exempt from payment of fees. Reason : The City sho uld not be paying inspection fees . The wages of the i nspe cto r s cove r the payment of fees . ADDI TI ON: Section 1807 (a ), page 11 0, SC OP E. Delete the last sentence and add the fol l ow i ng sentence : Such build i ngs shall be prov i ded with an automatic sprinkler system i n accordance wi t h Section C. Reason : This would r equi re all hig h rise offi ce and residential bu i ld i ngs to be f ire sp ri nkl ed . Thi s is the nat i onal trend. Thi s sect i on would requ i re al l suc h bu i ldings be fire spr i nkled with no trade-offs but those allowed i n the code . DELET E: Se ct i on 180 7 (L) pa ge 114 , AR EAS OF REFUG E (compartmentation ) ~ATIVE. Delete the ent i re section . Rea s on : I f we are requiri ng t ho se hi gh rise s truc tu r es to be fire sp r i nkled, the alternative "AREAS OF REFU GE" is not nece ssary. ADDITION: Section 3802 (b), page 583, ALL OCCUPANCIES EXCEPT R, DIVISION 3 AND GROUP M. Add the following paragraph as item 5: In all buildings which are 50 or more feet in height (as defined in Chapter 4 of the 1982 Uniform Building Code) or which comprise more than four stories irrespective of height. Reason: Accessibility to the top S"tory of such buil dings is virtually impossible for the size of our Fire Depar t me nt. This section would reduce the possibility of a large fire in t his size of building, making the fire managable to the Fire Dep ar t me nt . • I • • n • • • Englewood Ci ty Administrat i on November 23, 1982 Page 5 ADDIT ION : Add Append i x Cha pter 32. Re-r oo fi ng. Reason: This chapte r deals wi th a s ub j ect we dea l wi th every day and have no gu i delines to go by. Th is gi ve s roofin g con- tractors specifi c requirements and remove s many of the i nterpre- tations inspectors have had to make in the past. (2 ) The following items are proposed additions and deleti ons to the 1982 Unifonn Mechanical Code. ADDITION: Section 304 (a ), Page 19 . PERM IT FEES. Add to the end of the first sentence , "of the Unifonn Build i ng Co de ." Reason: Provides a consistent fee schedule to estab li sh penn i t fees. The mechanical code fee schedule is cumbersome . ADDITION: Sertion 304 (b ), Page 19 . Add to t he end of th e se cond and th1 rd sentence "of the Uni form Build i ng Code ." Reason : Provides cons i stent plan che ck fees . ADDI TIO N: Section 305 (f ), Page 21, REI NSPECT IONS. Add to t he end of the sentence of the fo urth paragraph, "of the Uni fo nn Bu i lding Code ." Reason : Cons is tency of Rei nspect i on fee s. DELETE : Table No. 3-A, Pages 22 , ME CHANI CAL Perm i t Fee s. Delete tfil"sp"ennit fee schedule . DEL ETE : Section 801, Page 61, SCOPE. Del ete "floo r furn ac e" in theflr s t paragra ph. DELETE: Sec t ion 802, Page 61 general. Delete the words, "floor furn ace" where it appears in this section. DELETE: Section 804, Page 62, FLOOR FURNACES. Delete the entire sect1on and substitute: "Floor and dual floor furnaces-the installation of floor and dual floor furnaces are prohibited." Reason: While the maintenance and repair of existing floor furnaces is permitted, new installation of floor furnaces is discouraged. The City of Denver prohibits them. They are very dangerous to small children and the elderly. ADDITIONS: Section 1801, Page 127, GENERAL. Add a second paragraph as follows: "Application for pennits to construct conmercial incinerators must be approved by the Afr Pollution Department of th Stat of Colorado, Tri-County Health Department and the Fir O par nt of the City of Englewood prior to construction. I • • • • • - Englewood City Administration November 23, 1982 Page 6 Reason: This would bring the Mechanical Code in confonnance with the State of Colorado requirements. ADDITION: Section 2124, Page 270, OPERATING PERMIT. Delete the entire section. Reason: We do not have the staff to provide such a service. We inspect the boiler when installed but cannot provide maintenance inspections. ADDITION: Section 2125, Page 270, MAINTENANCE INSPECTION. Delete entire section. Reason: We do not have the staff to provide such a service. ADDITION: Section 2126, Page 270, OPERATION AND MAINTENANCE OF BOILERS AND PRESSURE VESSELS. Delete entire section. Reason: We do not have the staff to provide such a service. (3) The following items are proposed additions and deletions to the 1982 Unifonn Plumbing Code. DELETE: Section 401 (a) (2). Delete "structures where combust- TcinaliTe construction is allowed." insert "residential construction not more than two stories in height." Reason: This is an impossible regulation to enforce. The plumbing inspector can not detennine whether or not a building can be a combustionable structure. The revision would be compatible to the 1979 Unifonn Plumbing Code. ADDITION: Section 910, page 69,PLUMBING FIXTURES REQUIRED. Add a second paragraph as follows: Food waste disposer mandatory. New structures arranged or intended to be used for purposes which develop food wastes in the direct preparation of food in occupancies, such as dwellings, restaurants, hotels, boarding houses, hospitals and similar occupancies, shall provide food waste disposal equipment for such purposes within the premises. Existing structures converted or altered to the uses described above need not meet the reqire- ments of this section unless such structures are provided with new facilities for the above purposes. Reason : The paragraph is self explanatory. ADDITION: Appendix C, pages 151-154, MINIMlJI PLlJ4BING FACILITIES . Add a new paragraph as follows: Food waste disposer mandatory. New structures arranged or intended to be used for the purposes which d velop ood wastes in the d1r ct preparation of food in • I • • - • • • • Englewood City Administratio n November 23, 1982 Page -7- occupancies, such as dwell in gs , restaurants, hotels, boar<!ing houses, hospitals and similar occupancies, shall provide food waste disposal equipment for such purposes within the premises. Existing structures converted or altered to the uses described above need not meet the requirements of this section unles$ such structures are provided with new facilities for the 1bove purposes. Reason: The paragraph is self explanatory. I • • --- • • - ' ·'• .J • ,,, 7h -;,,, BY AUTHORITY ORDINANCE NO. 24 SERIES OF 198-0---- COUNCIL BILL NO. 24 INTRODUCED BY COUNCIL MEMBER HIGDAY AN ORDINANCE REPEALING AND REENACTING CHAPTERS l AND 2, OF TITLE III, '69 ENGLEWOOD MUNICIPAL CODE, ElllTITLED, •BUILDING REGULATIONS," AND ADOPTING BY REFERENCE THE UNIFORM BUILDING CODE, 1979 EDITION , AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section l. That Chapter l, Title III, of the '69 E.M.C. is hereby repealed and reenacted to read aa follows: 3-1-1: TITLE III BUILDING REGULATIONS CHAPTER l BUILDXNG CODE AND ADKDIISTRATION TITLE AND PURPOSE This title ahall be referred to and knOflffl a• the •Building Code of the City of Englewood· and i• enacted to provide minimum standards to aafeguard life and limb and proaote the public health, welfare and aafety of the citizens of the City of Englewood, and of the public generally, by regulating and controlling the design, construction, quality of materials, uae and occupancy, location and maintenance of all buildings, structures and utilities within the City and certain equipment specifically regulated herein. 3-1-2: SCOPE The Building Code shall extend to and govern the following: (a) Construction, additions, alteration, repair, demolition, removal , moving, occupancy and maintenance of any building, atruc- ture of utility hereafter erected, including excavation for auch buildings or atructurea. (b) Alteration, addition, repair, deaolition, reaoval, 1110ving, change of occupancy and maintenance of any exiating building, structur~ or utility heretofore erected. 3-1-3: APPLICATION TO EXISTING BUILDINGS (a) General. Building• and atructurea to wh ich additions, • I • • -• • - alterations or repairs are made shall comply with all the requiremen ts of this code for new facilities except as specifi- cally provided in this section. See Section 1210 for provisions requiring installation of smoke detectors in existing Group R, Division 3 Occupancies . Cb) Additions, Alterations or Repairs. Additions, altera- tions or repairs may be made to any building or structure with- out requiring the existing building or structure to comply with all the requirements of this code provided the addition, altera- tion or repair conforms to that required for a new building or structure. Additions, alterations or repairs shall not cause an existing building or structure to become unsafe or overloaded . Any building so altered, which involves a change in use or occupancy, shall not exceed the height, number of stories and area specified for new buildings. (c) Alterations or repairs to an existing building or structure which are nonstructural and do not adversely affect any structural member or any part of the building or structure having required fire resistance may be made with the same materials of which the building or structure is constructed ~ EXCEPTION: The installation or replacement of glass sh~ll be as required for new installations. Cd) Nonstructural items include but are not liaited to plumbing, mechanical and electrical installations. Ce) Existing Occupancy. of the adoption of this code occupancy continued, if such time of the adoption of this is not dangerous to life. Building• in existence at the time may have their existing use or uae or occupancy waa legal at the code, provided such continued use (f) Any change in the use or occupancy of any existing building or structure shall comply with the provisions of Sections 307 and 502 of this code. Cg) Maintenance. All buildings and structures, both exist- ing and new, and all parts thereof, s~ll be maintained in a safe and sanitary condition. All devices or safeguards which are r quired by this code shall be maintained in conformance with the code editions under which installed. The owner or his designated agent shall be responsible for the maintenance of buildings and structures. To determine compliance with this subs ction, the building official may cause any structure to be r inspected. -2- • I • • -• • - (h) Moved Buildings and Temporary Buildings . Buildings or s tructures moved into or wi thin the j urisdiction shall comply wi th the provisions of this code for new buildings or structures. Ci) Temporary structures such as reviewing stands and othe r miscellaneous structures, sheds, canopies or fences used for the ~rotection of the public around and in conjunction with constructi on work may be erected by special permit from the building official for a limited period of time. Such buildings or structures need not comply with the type of construction or fi re -res i stive time periods required by code . Temporary buildings or s truc ture s shall be completely removed upon the exp i rati o n of the time lillit stated in the permit. (j) Hi storic Buildings. Repairs, alterations and additio ns n ecessary for the preservation, restoration, rehabilitation or c ontinued use of a building or structure may be made without conformance to a l l the requi rements of thi s code when autho rized by t he bui lding offici al, provided: 3-1-4: (1 ) The build i ng or structure has been de s ignated .b y offi c i a l acti on of the legally constituted autpority of this j urisdiction a s having special historica l or architectural significance. (2 ) Any un s afe conditions as described i n this code are correcte d . (3) The re s tored building o r structure wi ll be no more hazardous baaed on life safety, f i re s a fe t y and san i tati on than the existing bui lding . ALTE RNATE MATE RIAL .AND METHODS OF CONSTRUC TION (a) The provisions of this code are n ot intended to prevent the use of any material or method of construction not specifically prescribed by this code, provided any alternate has been approved nd its use authorized by the building official. (bl The building official may approve any such alternate, provided he finds that the proposed design is satisfactory and complies with the provisions of this code and that th material, method or work offered is, for the purpose intended, at least equivalent of that prescrib din this code in suitability, strength , ffectiveneaa, fire resistance, durability, safety and sanitation . (c) The building official shall require that sufficient avi- d nee or proof be submitted to substantiate any claiaa that aay b made regarding its use. The details of any action granting pproval of an alternate shall be recorded and entered in the file• of the code enforc nt agency. -3- • I • - • • • • 3 -1-5: MODIFICATIONS Whenever there are practical difficulties involved in carry- ing out the provisions of thi~ code, the building official ma y grant modifications for individual cases, provided he shall f i r st find that a special individual reason makes the strict letter of thi~ code impractical and that the modification is in conformi ty with the spirit and purpose of this code and that such modifica- tion does not lessen any fire protection requirements or any degree of structural integrity. The details of any action grant- i ng modifications shall be recorded and entered in the files of the code enforcement agency. 3-1-6: TESTS (a) Whenever there is insufficient evidence of compliance wi th any of the provision• of thi• code or evidence that any material or construction doe• not conform to the requirements of t his code, the building official may require tests as proof o f compl i ance to be made at no expenae to thia jurisdiction . (b ) Te s t methods shall be a s other recognized test standards. a nd accepted teat methods f or the ing offici al shall determine teat s pec i fied by thi s code or ·b y If there are no recognized propoaed alternate, the bui ld- procedurea. (c ) All teats shall be made by an approved agency . Reports o f a uch teat ahall be retained by the building official for the period requi red for the retenti on of public records. 3-1-7: (a) the City Build ing that may DUTY '1'0 COMPLY WITH CODE It a hall be the duty of all officer• and employees of of Englewood to cooperate in the enforcement o f the Code . Such c ooperation s hall i nclude a ny a ssistan ce be required for the enforcement of the Building Code. (b) A variance granted by the Board of Adjustment and Appeals ahall become null and void if the perait i• not obtained and the work atarted within aix (6) month• from the date the variance ia granted. (c) No oversight, neglect or dereliction on the part of the building inspector or any authorized aaaiatant ahall authorize v i olation of this code. Each day a violation is continued constitute• a separate offenae. (d) The building inapector or any employee charged with the n f orce~nt of thia code, acting in good faith and without .. lice -4- • I • • - • • • - for the city in the discharge of his duties, shall not thereby render himself liable personally and he is hereby relieved from all personal liability for any damage that may accrue to persons or property as a result of any act required or by reason of any act or omission in the discharge of his duties. Any suit brought against the building inspector or employee because of such act or omission performed by him in the enforcement of any provisions of this code shall be defended by the legal department of the City until final termination of the proceedings. 3-1-8: DEFINITIONS (a) The term "Building Code" &hall mean this entire title and secondary code or codes adopted herein. (bl Where the term "Department", "Division", "Building Department•, "Building Division• ia used in this title or any code in this title, this shall mean the Chief Building Inspector, or his authorized representative. 3-1-9: CREATION OF BUILDING INSPECTION DIVISION; CHIEF BUILDING INSPECTOR (a) There shall be and is hereby established within th~· Department of Colllllunity Development, a Building Inapection Division. (b) The Diviaion shall be administered by a Chief Building Inspector appointed by the City Manager in coapliance with Career Service provisions contained in this code and whose powers and duties are hereinafter defined. The Chief Building Inapector shall be a professional engineer regiatered by the State of Colorado, an architect licenaed by the State of Colorado or superintendent of conatruction of not less than five (5) years' experience, or have a comparable and suitable combination of education and experience. (c) The City Manager shall be empowered to appoint deputies of the Building Inspector in the event of the Inapector's absence, disability or hia need for asaistants to carry out his function&. The d puties shall be veated with such authority as the Inspector lawfully poss sses. 3-1-10: IDENTIFICATION Each employ e of this Diviaion shall be provided by the City with an identification card bearing a photograph of the eiaploye nd infor1Ution required by the Chief Building Inspector. Such identification card shall also bear the authority granted herein. Such card shall be carried by the person ao identified and shall b used when necessary to properly identify hi.Jaaelf wh ile perform- ing his official duties. -s- • I • • • • - 3-1-11 : GENERAL POWERS AND DUTIES (a ) The Building Inspection Diviaion shall ad.minister and enforce this Building Code and all other ordinances and codes which may hereafter be assigned to the Division for enforcement and administration. There are hereby vested to the Division the duty of enforcing and administering this Building Code and all powers necessary for such enforcement. (b) Inspectors; Authority. Such inspectors, asaistants and other employees as shall be required and authorized in the annual budge t shall be appointed and assigned to the Division in accord- ance with the provisions of the Career Service Rules as conta i ned i n this code. Inspectors shall have such authority as the Chie f Bui lding Inspector lawfully possesses in carrying out their assigned duties. (c) Records. The Chief Building Inspector ahall maintain records of applications for permits, permits issued, certificates of occupancy, inspections and investigations, applications for licenses, licenses issued, fees collected and other information t hat may be required. He shall make such reports to the Director o f Community Development concerning the activities of the Division , violations of the Building Code and such other matters as may be r equired .. (c ) Public Inspection of Records. General file records of the Building Division shall be open for public inspection but may not be removed . Specific investigation records on individual cases and l i cense a pplications are not open to the public except by di recti on of the City Manager or order of court. (e) Authori ty to I nspect. The Chief Building Inspector, or his authorized representative , shall have the authority to inspect or cause t o be i nspected for compliance with the Building Code , all build i ngs, s tructures or uti l i ties. (f) Investigations and Surveys. I n cid ental to any of these duties and powers, but without limitat ion o f same, t he Ch ief Building Inspector shall conduct inv estigations and surv eys to d termine compliance or noncompliance with the provisions of the Building Code and shall investigate or cause to be investigated all accidents pertaining to buildings, str uctures, or utilit ies for the purpose of ascertaining wheth er t h e requ i r ements of the Building Code have be n violat d. (g) Right of Entry. Incid ntal to s uch i nspection s, i nvesti- gations and s u rveys, the Ch ief Building Inspector aay e nte r i nto and upon -and cause any land, build i ng, s t ructure or util i ty to b insp cted and examined. Th e right to e ntry and i n spection may -6- I • • • • • • be enforced by application to and proper orders from a court of proper jurisdiction; accordingly refusal of access constitutes contempt of court. Ch) Stop Orders. Whenever any work is being performed con- trary to the provisions of this Building Code, the Chief Building Inspector may order the work stopped by notice in writing served on any persons engaged in such work and/or causing such work to be performed. The order shall be given to the owner or licensee or their agents. It shall be unlawful for any person to proceed with such work until the corrective work required to be performed by such notice is complied with within the time specified. Section 2. That Chapter 2, Title III of the '69 E.M.C. is hereby repealed and reenacted to read as follows: CHAPTER 2 3-2-1: CODE ADOPTED There is hereby adopted as the Building Code of the City of Englewood., Colorado, by reference thereto, the Uniform Building Code, 1979 Edition, by the International conference of Building Officials, including appendices, with the same force and effect as if the same were fully set forth herein, subject to the exceptions, modifications and amendllenta thereto as hereinafter set forth. 3-2-2: SPECIFIC CHANGES IN ADOPTED CODE (a) The following specific changes, modifications and amend- ments are hereby made in the provision of the Uniform Building Code, 1979 Edition, hereinabove adopted: f'H ~ (1) Delete Chapter l. t (2) (3) Section 204, page 26, BOARD OF APPEALS. Delete entire section. Section 30l(b), page 27, EXEMPTED WOJUt. Delete exemptions l -11. ~place with £hi tollowing 1 a. Public Utility. A permit shall not be requir d of a public utility, duly franchi•ed or author- ized as such in the City, for the repair and maintenance of the equipment and facilitie• used / -1- • I • • - • • • • in the distribution of such utility which has been exempted elsewhere in this Building Code. b. Schools under jurisdiction of the Colorado Division of Safety shall be exempt. c. Temporary motion picture, television and theater stage sets and scenery. d. Caaea, counters and partitions not over five (5) feet high. (4) Section 302(al, page 27,·APPLICATION. Add second paragraph: Authorized Applicants. Only persona, firma or corporations duly licensed under the terma and provisions of this Building Code may apply for a perait, and such licensees may apply for and be iaaued permits to perform only such work as they are entitled to perform under their respective licenses. Any applica- tion for a permit filed in derogation of this chapter or Building Code shall be deemed to have been filed falsely and shall be invalid notwithstanding the foregoing, and in addition theretq, the following persons shall be deemed to be authorized •applicants: 1. Any person who owns a R-J or M-1 building may make applica- tion for a permit to enlarge, remodel, alter, repair, improve, convert or demolish such building. Upon th• iaau.nce of a permit hereunder, all work shall be performed in accordance with all the requirements of this Building Code. 2. Any person who owna a property and wishes to construct or erect a R-3 or M-1 Occupancy building or structure on said property for his own occupancy may make application for a perait for such building or structure. Only one Cl) such owner•• permit may be issued to the owner in any twelve-month period. Any owner who does not occupy said building within ninety (90) days after its construction shall be deemed a contractor and shall be required to qualify as such, including payaent of all applicabl fees. (5) Section 30 4(a ), page 30, PERMIT FEES. Add the following paragraph: Th City of Englewood, Arapahoe County, St te of Colorado, and the United Stats of America shall be exempt from payment of fees. (6) s ction 407, page 40, FAMILY. Delete the words •five (5) persons• and substitute •four (4) persons of the sama sex.• -a- • I • • • • • (7) Section 5108, page 673, PERMITS--CERTIFICATES OF INSPECTION. Delete this section. (8) Chapter 53, page 678. EMERGY CONSERVATION IN NEW BUILDING CONSTRUCTION. Delete the entire chapter. (9) Section 2306, page 123, REDUCTION OF LIVE LOADS. Delete the following formula: R • r (A -150) Replace with the following formula: R • rA Section 3. llotice of public hearing ahall be published twice, once at Ieaat fifteen (15) days preceding date of hearing and once at l•••t eight (8) day• preceding date of hearing, which notice shall atate the aubject matter of the Code, tiae and place of hearing a.nd that copiea of the foregoing Code are on file with the Clerk a.nd open to public inapection, and the naae and addre•• of the agency by which aaid Code baa been promulgated. Section 4 . Not lea• than three (3) copie• of each Code described herein shall be certified to be true copi•• of ••id Code by the Mayor a.nd the Clerk a.nd filed in the office of the Clerk at least fifteen (15) days prior to public hearing a.nd subject to public inspection at all ti .. • while said Code i• in full force a.nd effect. The Clerk shall .. intain at all tiae• reaaonable copies of th Code available for purcha•• by the public at moderate price. Section 5. It ahall be Wllawful for any peraon, fira or corpora- tion to erect, conatruct, enlarge, alter, repair, move, improve, remove, convert or demoliah,equip, use, occupy, or aaintain any building or structure in th City, or cause the aAJne to be done, contrary to or in violation of any of the provision• of this Cod Any person, firm, or corporation violating any of the provision• of this Code, uPOn conviction, ah 11 be punished by a fine of not mor than Three HWldred Dollar• ($300) or by iapriaonaant for not mor th n ninety (90) days, or by both such fine and impriaonJDent. s ction 6. That all ordinanc • and part• of ordinance• of the City of !nglewood in conflict or inconaiatent herewith are hereby rep led, -9- • ?r: I • • - • .... • • • • Introduced, read in full and pasaed on first reading on the 21st day of July, 1980. Published as a Bill for an Ordinance on the 23rd day of July, 1980 . .Read by title and passed on final reading on thellth day of August, 1980. Publiahed by title aa Ordinance No.~2_4 __ ~• Serie• of 1980, on the 13thday of August, 1980. . Mayor Atteat: • I, Gary R. Higbee, ex officio City Clerk-Treaaurer of the City of Englewood, Colorado, hereby certify the above and foregoing is a true, accurate and complete copy of the Ordinance paaaed on final reading and publiahed by title aa Ordinance No.~, Seri•• of 1980 • -10- • I • • • ORDINANCE NO. 25 SERIES OF 1980 • • • BY AUTHORITY \~ COUNCIL BILL NO. 25 INTRODUCED BY COUNC IL MEMBER BRADSHAW AN ORDINANCE REPEALING CHAPTER 4, TITLE III, OF THE 1969 ENGLEWOOD MUNICIPAL CODE ENTITLED •UNIFORM MECHANICAL CODE• AND ADOPTING BY REFERENCE IN LIEU THEREOF •UNIFORM MECHANICAL CODE• 1979 EDITION, TO PROVIDE MINIMUM STANDARDS TO SAFEGUARD LIFE OR LIMB, HEALTH, PROPERTY, AND THE PUBLIC WELFARE BY REGULATING AND CONTROLLING THE DESIGN, CONSTRUCTION, INSTALLATION, QUALITY OF MATERIALS, LOCATION, OPERATION, AND MAINTENANCE OF INCINERATORS AND OTHER MISCELLANEOUS HEAT-PRODUCING APPLIANCES; REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; AND PROVIDING A PENALTY FOR THE VIOLATION OF THE PROVISIONS OF SAID CODE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OP ENGLEWOOD, COLORADO, as follows: Section 1. That Chapter 4, Title III, of the '69 E.M.C., is hereby repealed and in lieu thereof enacts a new Chapter 4, as follows: 3/4/1: CHAPTER 4 UNIFORM MECHANICAL CODE UNIFORM MECHANICAL CODE ADOPTED There is hereby adopted by reference thereto the •uniform Mechanical Code•,1979 Edition, published by the International Association of Building Officials, 5360 South Workman Mill Road, Whittier, California 90601, with the aame force and effect as if the same were fully set forth herein, subject to the exceptions, mod i fications, and amendments thereto as hereinafter aet forth. 3-4-2: SPECIFIC CHANGES IN ADOPTED CODE (a) The following specific changes, modification• and amendments are hereby made in the provisions of the Uniform Mechanical Code, 1979 Edition, hereinabove adopted: (1) Section 304(a), page 19, PERMIT FEES. Add to the end of the first sentence, •of the Uniform Builc!Tng Code•. (2) Section 304(b), page 19, PLAN REVIEW PEES. Add to the end of the second and third sentences, •or the unl!ora Build- i ng Code• • • I • • • • • (.3) Section 305 (fl, page 21,· JU:INSPECTIONS, Add to the end of the sentence of the fourth paragraph, •ot the Uniform Building Code" . (4) Table No . 3-A, pages 22-23, MECHANICAL PERMIT FEES. Delete this permit fee schedule. (5) Section 801, page 61, ~· Delete ~floor furnace" in the first paragraph. (6) Section 802, page 61, GENERAL. Delete the words, "floor furnace" where it appears in this section. (7) Section 804, page 62, FLOOR FURNACES . Delete the entire section and substitute: "Floor and Dual Floor Furnaces - The installation of floor and dual floor furnaces is prohibited ." (8) Section 1801, page 122,·GENERAL. Add a second paragraph as follows: "Applications for permits to construct commercial incinerators must be approved by the Air Pollution Departlllent of Sta~e of Colorado, Tri-County Health Department and the Fire Depart- ment of the City of Englewood prior to construction." (9) Section 2124, page 278, OPERATING PERMIT. Delete entire section. (10) Section 2125, page 278, MAINTENANCE INSPECTION. Delete entire section. (11) Section 2126, page 278,·0PERATION AND MAINTENANCE OF BOILERS AND PRESStraE VESSELS. Delete enb.re section. Section 2. Notice of public hearing shall be published t wice, once at least fifteen (15) days preced ing date of hearing and once at least eight (8) days preceding date of hearing, which notice shall state the subject matter of the Code, time and place of hearing and that copies of the foregoing Code are on file with the Clerk and open to public inspection, and the name and address of the gency by which said Code haa been promulgated. Section 3. Not leas than three (3) copies of each Code deacrib d herein shall be certified to be true copies of aaid Code by the M yor and the Clerk and fil din the office of the Clerk at least fi ft n (15) days prior to public hearing and subject to public ins p ction at all time• while said Code is in full force and effect. The Clerk shall maintain at all tiaes reasonable copies of th Code availabl for purchase by the public at moderate price. -2- • I • • • • • Section 4. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy, or maintain any building or structure in the City, or cause the same to be done, contrary to or in violation of any of the pro- visions of this Code. Any person, firm, or corporation violating any of the pro- visions of this Code, upon conviction, shall be punished by a fine of not more than Three Hundred Dollars ($300) or by imprisonment for not more than ninety (90) days, or by both such fine and imprisonment. Section 5. That all ordinances and parts of ordinances of the city of Englewood in conflict or inconsistent herewith are hereby repealed. Introduced, read in full, and passed on first reading on the 21st day of July, 1980. Published as a Bill for an Ordinance on the 23rd day of July, 1980. Read by title and passed on final reading on the 11th day of August, 1980. Published by title as Ordi nance No . is the l3t.h day of August, 1980. Attest: ~~o City C~Treasurer , Series of 1980, on I, G ry R. Higb e, x officio City Cl rk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing i a true, ccurate and complete copy of the Ordinanc passed on final re ding nd published by titl s Ordinance No. ~5, Seri s of 1 9 80. ~ -3- • I • • • • - BY AUTHORIT Y ORDINANCE NO ~ l7 SERIES OF 1980 COUNCIL BILL NO, 27 INTROD~CED .BY COUNCI L MEMBER:~B .. I .;;;L.;..O ___ _ AN ORDINANCE REPEALING AND REENACTING CHAPTER 9, TITLE III, OF TH E '69 ENGLEWOOD MUNICIPAL CODE ENTITLED "PLUMBING• AND ADOPTING BY REFERENCE THE UNIFORM PLUMBING CODE, 1979 EDITION, TO PROVIDE MINIMUM STANDARDS TO PROTECT PUBLIC HEALTH, WELFARE AND SAFETY ; RE PEALING ALL ORDINANCES IN CONFLICT HEREWITH ; AND PROVIDING PENALTIES FOR VIOLATION THEREOF. BE I T ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO, as follows: Se c t ion l. That Chapter 9, Title III, of the '69 E.M.C. i s hereby repealed and reenacted to read as follows : CHAPTER 9 UNIFORM PLU MB ING CODE -ADOPTED 3-9-1: UNIFORM PLUMBING CODE ADOP'1'ED The re is hereby adopted by refere nce thereto the Un i form Plumbing Code, 1979 Ed ition, p ubli she d b y the Internat i onal Aaaociation of Plumb i ng and Mechanic al Officials , 5 0 32 Al hambra Avenue, Loa Ang e l es , Cal ifo rnia 90 0 32, together with the appen- dices contained there i n , with t he aame f orce a nd effect a s i f the same we r e f ully set fo rth he r ein, a ub j e ct t o the excepti ons, modifications and amendmen t• thereto aa h ~r einafter aet forth. 3-9-2: SPE CIF IC CHANGE S IN ADOPTED CODE The following specific changes, modifications and amendments are hereby made in the provisions of the Uniform Plumbing Code, 1 979 Edit i on, here i nabove adopted : (l ) Section 910, page 69, PLUMBING FIXTURES REQUIRED. Add a e cond paragraph as follows : Food Waste Disposer Mandatory. New atructur s arranged or intended to be used for purpoaea which develop food wa s tes in the d i rect preparation of food in occupancies, such aa dwellings, reatauranta, hotela, boarding houses, hospitals and similar occupancies, shall provide food waste disposal equipment for auch with in the preaisea. Exiating atructurea converted or altered to the usea described abov need not meet the requi r e .. nts of this section unleas auch structur a are provided with new fac i lities for the above purpoaea • • I • • / • • • • (2) Appendix C, pages 152 -153, MINIMUM PLUMBIN G FACILITIES . Add a new paragraph as follows: Food Waste Disposer Mandatory. New structures arrange d or intended to be used for purposes which develop food wastes in the direct preparation of food in occupancies, such as dwellings, restaurants, hotels, boarding houses, hospitals and similar occupancies, shall provide food waste disposal equipment for such purposes within the premises. Existing structures converted or altered to the uses described above need not meet the requirements of this section unless such structures are provided with new facilities for the above purposes. Section 2. Notice of public hearing shall be published twice, once at least fifteen (15) days preceding date of hearing and once at least eight (8) days preceding date of hearing, which noti ce shall state the subject matter of the Code, time and place of hearing and that copies of the foregoing Code are on f ile wit~ the Clerk and open to public inspection, and the name and address of the agency by which said Code has been promulgated. Section 3. Not less than three (3) copies of each Code d~scribed herein ahall be certified to be true copiea of aaid Code by the > Mayor and the Clerk and filed in the office of the Clerk at leas t fifteen tl5) days prior to public hearing and subject to public i nspecti on at all times while said Code is in full force and ef fec t. The Clerk s h al l maintain at all time• reaaonable copies o f t he Code avai lable for purchase by the public at moderate price. Sectio n 4 . I t ahall be unlawful for any pers on , fi rm or corporat i o n to e rect, c onstruct, e nlarge, alter, r e pa ir, move , improve, remov e, c onvert or d e mol ish , equi p , use, o ccupy, or ma in- tain any building or structure in t he Cit y, or cause t h e same to be done, contrary to or in violation of any of the proviaions of this Code. Any person, firm, or corporation violating any of the pro- visions of this Code, upon conviction, shall be punished by a fine of not more than Three Hundr d Dollars ($300) or by imprison- ment for not more than ninety (90) days, or by both such fine and imprisonment. s ction 5. That all ordinances and parts of ordinances of the city of Englewood in conflict or inconsistent herewith ar hereby rep l d. -2- • I • • • • • ' r Introduced, read in full and passed on first reading on the 2 1st day of July, 1980 . Published as a Bill for an Ordinance on the 23rd day of J uly, 1980 • . Read by title and passed on final reading on the 11th day of August, 1980. Publiahed by title as Ordinance No. 27 , Series of 1980, on the 13th day of August, 1980. --- Attest: e~c,Yfi~r I, Gary R. Higbee, ex officio City Clerk-Treaaurer of the -· City of Englewood, Colorado, hereby certify that the above and foregoing i s a true, accurate and complete copy of the Ordinance pa,sed on fi nal reading and publisped by title as Ordinance No.-1.L_, Series o f 1980. -3- • I • • • • • • COUNCIL BILL NO. 62 IN TRODUCED BY COUNCIL MEMBER -------1h A ORDINANCE REPEALING AND REENACTIN G CHAPTERS 1, 2, 4. AND 9 OF lTlLE lll, UF THE 1 69 E GL EWWD MUNICIPAL CODE, RELATING TO "BUILDING REGULATIONS," AND ADOPTING BY REFERENCE THE UNIFORM BUILDING CODE, 19 82 EDITION, THE UNIFORM MEC HA NICAL CODE , 1982 EDITION , AND UNIFORM PLUMBING CODE, 1982 EDITION, AND REPEALING ALL ORDIN AN CES OR PARTS OF ORDIN ANCES IN CONFLICT THER EWlTH. NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWO OD, COLORADO , AS FOLLOWS : section 1. That Chapter 1, and Chapter 2, Title III, of the '69 E.M.C. is hereby re- pealed and reenacted to read as follows: 3-1-1: TITLE III BUILDING REGULATIONS CHAPTER 1 BUILDING CODE AND ADMINISTRATION TITLE AND PURPOSE This title shall be referred to and known as the "Building Co de of the City of Englewood" and is enacted to provide minimum standards to safeguard life and l imb and promote the public health, welfare and safety of the citizens of the City o~ Engle- wood , and of the public generally, by regulating and controlling the design, construction, quality of materials, use and occupancy , location and maintenance of all buildings , structures and utilities within the City and certain equipment specifically regulated herein. 3-1-2: SCOPE Th e provisions of this code sha ll apply to the construction, alteration, moving, demolition, repair and use of any building or s tructure within this jurisdiction, except work located pri1118rily in a public way, public utility towers and poles, mechanical equipment no t specifically regulated in this code, and hydrau lic flood control structures. Additions, alterations, repairs and changes of use or occupancy in all buildings and structures shall comply with the provisions for new buildings and structures except as othe rwise provided in Sections 3-1-3, 307, and 502 of thia code. Wher , in any ap cific ca , different sectiona of this code ap cify differ nt materials, mathoda of conatruction or other requirements, the moat raatrictiva shall govern. Where there ia a conflict b t we en a general requirem nt and a apecific re- quirem nt, the sp cific requir ment shall be applicable. Wherever in thia coda rafarance is made to the app ndix, the proviaiona in th appendix ahall not apply unleaa apecifically adopted. 3-1-3: APPLICATION TO EXISTING BUILDINGS (a) General. Buildin&• and str uctur s to which dditions, altarationa or repairs are mada shall comply wit h all the requireaants of this coda for • I • • • • - new facilities except as specifically provided in this section. See Se ction 121 0 for provisions requiring installation of smoke detectors in existing Gro up R, Division 3 Occupancies. (b) Additions, Alterations or Repairs. Additions, alterations or rep airs may be made to any building or structure without requiring the existing building or structure to comply with all the requirement s o[ this co de provided the addition, alteration or repair conforms to that required for a new building or structure. Additions, alterations or repairs shal l not cause an existing building or structure to become unsafe or overloaded. Any building so altered, which involves a change in use or occupancy, shall not exceed the height, number of stories and area specified for new buildings . (c) Alterations or repairs to an existing building or structure which are nonstructural and do not adversely affect any structural member or any part of the building or structure having required fire resistance may be made with the same materials of which the building or structure is co nstructed. EXCEPTION: The installation or replacement of glass shall be as required for new installations. (d) Nonstructural items include but are not limited to plumbing, mechanical and electrical installations. (e) Existing Occupancy. Buildings in exiatence at the time of the adoption of this code may have their existing use or occupancy continued, if such use or occupancy was legal at the time of the adoption of this code~ provided such continued use is not dangerous to life. (f) Any change in the use or occupancy of any existing building or structure shall comply with the provisions of Sections 307 and 502 of this co de. (g) Maintenance. All buildings and structures, both exiating and new, and all parts thereof, shall be maintained in a safe and sanitary condi tion. All devices or safeguards which are required by this code shall be maintained in conforman ce with the c ode editions under which installed. Th owner or his designated agent shall be rasponsible for the main tenance of buildings and structures. To determine compliance with this s ubse ction, the building official may cause any structure to be reinspected. (h) Moved Buildings and Temporary Buildings. Buildings or structures moved into or within the jurisdiction shall coaply with the provisions of this cod for new buildings or structures. (1) Temporary structur s such aa reviewing stands and other miscellaneous structures, heds, canopies or fences ua d for the protection of the public around and in conjunction with construction work 11&y be erected by special permit from the building official for a limited period of ti11111 . Such buildin a or structures need not comply with the type of construction or fire-resistive tilll8 periods requir d by cod Teaporary buildings or tructures hall be completely remov d upon th expiration of th ti l mit stated in the permit. -2- • I • • • • • • (j) Historic Buildings. Repairs, alterations and additions necessary for the preservation, restoration, rehabilitation or continued us e of a building oi: structure may be made without conformance to all the requirements of this c ode when authorized by the building official, provided : 3-1-4: (1) The building or structure has been designated by official action of the legally constituted authority of this jurisdic tion as having special historica l or architectural significance. (2) Any unsafe conditions as described in this code are corrected. (3) The restored building or structure will be no 1110re hazardous based on life safety, fire safety and sanitation that the existing building. ALTERNATE MATERIAL AND METHODS OF CONSTRUCTION (a) The provisions of this code are not intended to prevent the use of any material or method of construction not specifically prescribed by this code, provided any alternate has been approved and its use author ized by the building official. (b) The building official may approve any such alternate, provided he finds that the proposed design is satisfactory and complies with the provisions of this code and that the material, method or work offered is,, for the purpose intended, at least equivalent of that prescribed in this code in suitability, strength, effectiveness, fire resistance, durab ility, safety and sanitation. (c) The building official shall require that sufficient ev idence or proof be submitted to substantiate any claims that may be made regarding its use . The details of any action granting approval of an alternate shall be recorded and entered in the file s of the code enforcement agency. 3-1-5: MODIFICATIONS Whenever there are prac tical difficulties involved in carrying out the provisions of this code, the building official aay grant modi fications for individual case, provided he shall first find that a special individual reason makes the strict letter of this code impractical and that the modifica- tion is in conformity with the spirit and purpose of this code and that such modification does not lessen any fire protection requirements or any degree of structural integrity. The details of any action granting 1110difications shall be recorded and entered in the files of the code enforcement agency. 3-1-6: TESTS (a) Whenever there is insufficient evidence of compliance with any of the provisions of this code or evidence that any material or construction does not conform to the requirements of this code, the building official may require teat& as proof of compliance to be made at no exp nae to chis jurisdiction. -3- • I • • • • • • (b) Test methods shall be as specified by this code or by other recognized test standards. If there are no recognized and accepted te s t methods for the proposed alternate, the building official shall determine test procedures. (c) All tests shall be made by an approved agency. Reports of such test shall be retained by the building official for the period required for the retention of pub lic records. 3-1-7: DUTY TO COMPLY WITH CODE (a) It shall be the duty of all officers and employees of the City of Englewood to cooperate in the enforcement of the Building Code . Such cooperation shall include any assistance that may be required for the en- forcement of the Building Code. (b) A variance granted by the Board of Adjustment and Appeals shall become null and void if the permit is not obtained and the work started within six (6) months from the date the variance is granted. (c) No oversight, neglect or dereliction on the part of the building inspector or any authorized assistant shall authorize violation of this code. Each day a violation is continued constitutes a separate offense. (d) The building inspector or any employee charged with the enforce- ment of this code, acting in good faith and without malice for the city in the discharge of his duties, shall not thereby render himself liable per,onally and he is hereby relieved from all personal liability for any damage that may accrue to persons or property as a result of any act required or by rea~on of any act or omission in the discharge of his duties. Any suit brought against the building inspector or employee because of such act or omission performed by him in the enforcement of any provisions of this code shall be defended by the legal department of the City until termination of the pro- ceedings. (e) This code shall not be construed to relieve from or lessen the responsibility of any person owning, operating or controlling any building or structure for any damages to persons or property caused by defect s, nor shall the code enforcement agency or its parent jurisdiction be held as assuming any such liability by reason of the inspections authorized by this code or any certificates of inspection issued under this code. 3-1-8: DEFINITIONS (a) The term "Building Code" shall mean this entire title and secondary code or codes adopted herein. (b) Where the term "Department", "Division", "Building Department", "Building Division" is used in this title or any code in this title, this shall mean the Chief Building Inspector, or his authorized representative. )-1-9: CREATION OF BUILDING DIVISION; CHIEF BUILDING INSPECTOR (a) There ahall be and ia hereby eatabliahed within the Depart nt of Community Develop111ent, a Building Division. (b) The Division shall be administered by a Chief Building Inspector -4- I • • - • • • • appointed by the City Manager in compliance with Career Service provisions contained in this code and whose po wers and duties are hereina fter defined. The Chief Building Inspector shall be a professional engineer registered by the State of Colorado, an architect licensed by the State of Colorado or superintendent of construction of not less than five (5) years' experience, or have a comparable and suitable co mbination of education and experience . (c) The City Manager shall be empowered to appoint deputi s of the Building I nspector in the event of the Inspector's absence, disability or his need for assistants to carry out his f unctions. The deputies shall be vested with such authority as the Inspector lawfully possesses. 3-1-10: IDENTIFICATION Each employee of this Division shall be provided by the City with an identification card bearing a photograph of the employee and information required by the Chief Building Inspector. Such identification card shall also bear the authority granted herein. Such card shall be carried by the person so identified and shall be used when necessary to proper ly identify himself while performing his official duties. 3-1-11: GENERAL POWERS AND DUTIES (a) The Building Division shall adainister and enforce this Building Code and all other ordinances and codes which aay hereafter be ass igned to the Division for enforcement and administration. There are hereby vested to the Division the duty of enforcing and administering this Building Code llfl d all powers necessary for such enforcement. (b) Inspectors; Authority . Such inspectors, assistants and o ther employees as shall be required and authorized in the annual budget shall be appointed and assigned to the Division in accordance with the prov ision s of the Career Service Rules as contained in this code. Inspectors shall have such authority as the Chief Building Inspector lawfully possesses in carrying out their assigned duties . (c) Records. The Ch ief Building Inspector shall aaintain records of applications for permits, permits issued, certificates of occupancy, inspections and invest iga tions, applications for licenses, licenses issu d, fees collected and other information that aay be required . He shall mak such reports to the Dir~ctor of Co11111Unity Developaent concerning the activities of the Division, violations of the Building Code and such oth r inatters as 111&y be required. (d) Public Inspection of Records. General filer cords of the Building Division sh 11 be open for public inap ction but may not b re1DOved. Specific investigation r cords on individual cases and licens applications are not open to the public except by dir ction of the City Manager or order of court. (e) Authority to Inspect. Th• Chief Buildin Insp ctor, or his uthorized rapraa ntative, shall have the authority to inspect or cause to be inspected for compliance with th Building Code, all buildin&s, structures or utilities. -!i- • I • • - • • • • (f) Investigations and Surveys. Incidental to any of these duties and powers, but without limitation of same, the Chief Bu ilding Inspector shall conduct investigations and surveys to determine compliance or noncompliance with the provisions of the Building Code and shall investigate or cause to be investigated all accidents pertaining to buildings, structures, or utilities for the purpose of ascertaining whether the requirements of the Bui ldin g Code have been violated. {g) Right of Entry. Incidental to such inspections, investigations and surveys, the Chief Buildin& Inspector may enter into and upon and cause any land, building, structure or util ity to be inspected and examined. The right to entry and inspection aay be enforced by application to and proper orders froa a court of proper jurisdiction: accordingly refusal of access constitutes conteapt of court. (h) Stop Orders. Whenever any work is being performed contrary to the provisions of thia Building Code, the Chief Building Inspector may order the work stopped by notice in writing served on any persons engaged in such work and/or causing such work to be performed. The order shall be given to the owner or licensee or their agents. It shall be unlawfu l fur any person to proceed with such work until the corrective work required to be performed by auch notice is complied with within the time specified. (i) All buildings or structures regulated by this code which are structurally unsafe or not provided with adequate egress, or which constitute a fire hazard, or are otherwise dangerous to h\llll&n life are, for the purpose of this section, unsafe. Any use of buildings or structures constitutin\ a hazard to safety, health or public welfare by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster, damage or abandonment is, for the purpose of thia section, an unsafe uae. Parapet walls, cornices, spires, towers, tanks, statuary and other appendages or structural members which are supported by, attached to, or a part of a building and which are in deteriorated condition or otherwise unable to sustain the design loads which are specified in this code are hereby deai&nated as unsafe building appendages. All such unsafe buildin&a, structures or append&&•• are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demo- lition or removal in accordance with the procedures set forth in the Oangerou~ Buildings Code or auch alternate procedures, aa aay have been or as may b adopted by this jurisdiction. A• an alternative, the building official, or other employee or official of this jurisdiction aa designated by the governing body, may institute any oth r appropriate action to prevent, restrain, corr ct or abate the violation. 3-2-1: CHAPTER. 2 CODE ADOPTED There ia hereby adopted aa the Buildin& Code of the City of Englewood, Colorado, by reference thereto, the Unifora luildin& Cod , 1982 Edition, by th International Conference of Buildin& Officials, includin& appendic a, with th aame force and effect aa if the .... were fully aet forth herein, aubj ct to the exceptions, aodificationa end ... ndaents thersto •• herein- after 1st forth, -6- • I • • - • • • • 3-2-2: SPECIFIC CHANGES IN ADOPTED CODE (a) The following specific changes, modifications and amendments are hereby made in the provis ion of the Uniform Building Code, 1982 Editio n, hereinabove adopted: (1) Delete Chapters 1 and 2 . (2) ADDITION: Section 302 (a) page 31, APPLICATION . Add second paragraph. Authorized Applicants. Only persons, firms, or corporations duly licensed under the terms and provisions of this Building Code may apply for a permit, and such licensees may apply and be iaaued peraits to perform only such wor k as they are entitled to perform under their respective licenses. Any application for permit filed in deroga- tion of thia chapter or Building Code shall be deemed to have been filed falsely and shall be invalid notwith- standing the foregoing, and in addition thereto the follow- ing persona ah&ll be deeaad to be authorized applicants : (a) Any person who owns a R-3 or M-1 building may make application for a perait to enlarge, remodel, alter, repair, improve, convert or demoliah such building. Upon the issuance of a permit hereunder, all work shall be performed in accordance with all the ' requirements of this Building Code. (b) Any person who owna a property and wishes to construct or erect an R-3 or M-1 Occupancy building or struc- ture on said property for his own occupancy may make application for a perait for auch building or structure. Only one (1) auch owner'• permit may be isaued to the owner in• twelve-month period. Any peraon who doea not occupy aaid building within ninety (90) daya after ita conatruction shall be deemed a contractor and shall be required to qual ify as such, including payment of all applicable fees. (3) Section 304 (a), Page 30 PEIMIT FEES. Add the following paragraph: The City of Englewood, Arapahoe County, State of Colorado, and the United State1 of America shall be exempt from paym nt of fee s . (4 ) S ction 1807 (a), Page 110, SCOPE. Delete the laat sentence and add th• following aentence: (5 ) Such building• shall be provided with an automatic aprinkl r sy1tem in accordance with Section C. Section 1807 (1) P•&• 114, AaEAS OF REFUGE (compartaenta- tion) ALTillNATE, Delete entire Section. -7- • I • • • • • • (6) Se ction 3802 (b), page 583, ALL OCCUPANCIES EXCEPT CROUP R, DIVISION 3 AND GROUP M. Add the following paragraph as item 5: In all bui l dings which are 50 or more fee t in height (as defined in Chapter 4 of the 1982 Uniform Building Code) o r whi ch comprise more than four stories irrespective of height. (7) Add Apendix Chapter 32. Re-roofing . Section 2. Chapter 4, Title III of the '69 E.M.C. is hereby repealed and r e- enacted to read as follows: 3-4-1: UNIFORM MECHANICAL CODE ADOPTED There is hereby adopted by reference thereto the "Uniform Me chanical Code", 1982 Edition, published by the International Association of Building Of ficials, 5360 South Workman Mill Road, 'Whittier, California 90601, with the same force and effect as if the same were fully set forth herein, subject to the except ions, modifications and amendments thereto as hereinafter set forth. 3-4-2: SPECIFIC CHANGES IN ADOPTED CODE (a) The followin g specific changes, modifications and amendments are hereby made in the provisions of the Uniform Mechanical Code, 1982 Edition, hereinabove adopted : (1) Section 304 (a), page 19, PERMIT FEES. Add to the end of the first sentence, "of the Uniform Building Code". 1 (2) Section 304 (b), page 19, PLAN REVIEW FEES. Add to the end of the second and third sentences, "of the Uniform Building Code". (3) Section 305 (f), page 21, REINSPECTIONS. Add to the end of the sentence of the f ourth paragraph, "of the Uniform Building Code". (4) Table No. 3-A, pages 22, MECHANICAL PERMIT FEES. D 1 te Lhi s permit sch dule. (5) Section 801, page 61, SCOPE. Delete "floor furnac " in the first paragraph. ( ) Section 802, pag 61, GENERAL. Delet th words, "!loor furnace" where it appears in this section. (7) Section 804, page 62, FLOOR FURNACES. D 1 te the ntire e tion (8) and substitute: "Floor and Dual Floor Furn c 11 -th in11tall- tion of floor and dual floor furnaces prohibited." Section 1801, pa 127, GENERAL. Add a second paragraph as follows: "Applications for permits to construct co-rcial incinerator must be approved by the Air Pollution Depart .. nt of th State of Colorado, Tri-County Health Department nd the Fire Depart nt of the City of En levood prior to conatruction." -8- I • • • • • • • (9) Section 2124, page 270, OPERATING PERMIT. De lete e n tire section. (10) Section 2125, page 270, Maintenance inspection. Delete entire section. (11) Section 2126, page 270, OPERATION AND MAINTEN/\NCE or BOILERS AND PRESSURE VESSELS. Delete entire Section. Section 3. Chapter 9, Title Ill, of the '69 E.M.C. is hereby repealed and reenacted to read as follows: 3-9-1: UNIFORM PLUMBING CODE ADOPTED There is hereby adopted by reference thereto the Uniform Plumbing Code, 1 82 Edition, published by the International Association of Plumbing and Mechan ical Officials, 5032 Alhambra Avenue, Los Angeles, California 90032, together with the appendices contained therein, with the same force and effect as if the sam e were fully set forth herein, subject to the exceptions, modifications and amendmen ts thereto as hereinafter set forth. 3-9-2: SPECIFIC CHANGES IN ADOPTED CODE (a) The following specific changes, modifications and amendments are hereby made in the provisions of the Uniform Plumbing Code, 1982 Edition, hereinabove adopted. (1) Section 401 (a) (2) delete "structures where combustionable construction is allowed." Insert "residential construction not more than two stories in height." (2) Section 910, page 69, PLUMBING FIXTURES REQUIRED. Add a second paragraph as follows: (3) Food waste disposer mandatory. New structures arranged or intended to be used for purposes whi ch develop food waste s in the direct preparation of food in occupancies, such a dw llin gs, restaurants, hotels, boarding houses, hospital s and imilar occ upancies, shall provide food wa ste disposal equ ipment for such within the premises. Existing structur • converted or altered to the uses described above ne d not met the requirements of this ection unless such structure• are provided with n facilities for the sbov purposes. Appendix C, p gea 152 -153, MINIMUM PLUMB! C FACILITIES, Add an w para raph as follows: Food waste disposer mandat ory. N w structures arr n ed or intended to b used for th purpos s which develop food wa stes in the direct preparation of food in occupancie, such as dwellinga, restaurants, hotels, boarding hous s, hospitals and similar occupancies, shall provid food w .. ate diapoHl equipment for such purpo ea within th premiss. Exis ting structures convert d or alter d to th uae1 described above need not•• t the requirements of this action unless such structures are provid d with new facil ities for the abov purpoa a. -9- I • • • • • Section 4. Notice of pubtic hearing shall be published twice, once at least fifteen (15) days preceding date of hearing and once at least eight (8) days preceding date of hearing, which notice shall state the subject matter of the Code, time and place of hearing, and that copies of the foregoing Code are on file with th e Clerk and open to public inspection, and the name and addres s of the agency by which said Code has been promulgated. • Section 5. Not less than three (3) copies of each Code described herein shall be certified to be true copies of said Code by the Mayor and the Clerk and filed in the office of the Clerk at least fifteen (15) days prior to public hearing and subject to public inspection at all times while said Code is in full force and effect. The Clerk shall maintain at all times reasonable copies of the Code available for purchase by the public at moderate price. Section 6. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy, or maintain any building or structure in the City, or cause the same to be done, contrary to or in violation of any of the provisions of this Code. Section 7. That all ordinances and parts of ordinances of the City of Englewood in conflict or inconsistent herewith are hereby repealed. ' Introduced, read in full, and passed on first reading on the 6th day of December, 1982. Published as a Bill for an Ordinance on the 8th day of December, 1982. Eugen• L. Otis, Mayor Attest: ex officio City Clerk-Treasurer I, Gary R. Kigbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is• true, accurate and complete copy of a Bill for an Ordinance, introduced , read in full, and passed on first reading on the 6th day of December, 1982. w Gary A. Bigbee -10- I • • -• • • ORDINANCE NO. __ \'ft, INTRODUCED 13Y COUN C Ii ' ~ Lll Mui nui\!i! COUNCIL 13ILL NO. 6? SERIES OF 1982 t'Z.," L A l3I LL FOR MEMl3 ER __ _ 1h • AN ORDINANCE REPEALING AND REENAC'J'lN C: CIIAL''l'E RS l, 2, Is, AND 9 01 ' Tl II.I 111. 111 'I II E 1969 ENGLEWCOD MUNICIPAL CODE, RELA TING TO "BUILDING REGULATIO S ," A U AlJUl''l'lM, ll Y REFERENCE THE UNIFORM BUILDING CODE, 1 982 EDITION, THE UNIFORM MEC!l/\NIC.,\I COili·., 19 82 EDITION , AND UNIFORM PLUMBING CODE, 1982 EDITION, AND REPEALI NG AL L Ollll I :/INC I.S OR PARTS OF ORDINANCES lN CONFl.lCT TIIEl<F\.J I 'I'll . NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: section 1. That Chapter 1, and Chapter 2, Title 111, o( Lhe '69 E.M .C. ls hereby re - pealed and reenacted to read as foll ows: 3-1-1: TITLE III BUILDING REGULATIONS CHAPTER 1 BUILDING COD E AND ADMINISTRATION TITLE AND PURPOSE This title shall be referred to and known as the "Building Code of Lhe Ci ty of Englewood" and is enacted to provide minimum standards to safeguard life a nd limb and promote the public health, welfare and safety of the citizens of the City of Engle- wood, and of the public generally, by regulating and conLrolling the cJe,,ign, construction, quality of materials, use and occupa ncy , location and maintenance o ( a 1 I huj] clin~s, structures and utilities within the City ancl certain equipment speciflcally re~ulaLed herein. 3-1-2: SC OPE The provisions of this cod ~hall apply to the construction, alteraLion, moving, demolition, repair and use of any bui l ding or structure within this jurisdiction , except work located primarily in a public way, public uLility tower s ncl puli;s , mechanical equipm nt not specifically regulated in this code, and hydraulic flood antral structures . Additions, lter tions, repairs and changes of us or occupancy in all buildings and structures sh 11 comply with the provisions for new buildings ancl s Lru clu res except as otherwise provided in Sections 3-1-3, 307, and 502 of this cocle . Where, in any specific case, di ffe rent ections of Lhis code specify clifferent mt rials, method s of construction or other requirem nts, the most r strictiv shall gov rn. Where th re is a conflict b cw nag neral r quir ment and asp cific re- quirem nt, th pecific requir m nt sh 11 be applicabl . Wh rever in th a ad r fer nc is m d app ndix shall not apply unless specific lly to th pp ndix, the provi ion dopted. 3-1-3: APPLICATlON '10 1:.X IS ING BUILDINGS in the (a) C neral. Building& and structures to which dditions, all rations or repair& are made shall comply with all the requir m nts of this cod for • I • • n - • • • • new facilities except as specific ally provided in this section. Se c Sc <.:L.i u n 1210 for provisions requiring in st a l lation o f s mok e detec tor s in ex i ,,Li 11g Group R, Division 3 Occupancies. (b ) Additions, Alterations o r Repairs. Addi tions, al t era Lions or repairs may be made to any build ing o r structure without requiring Lile, e xisting building or structure t o c omp ly with all the requiremenL s oi" Lhj ,. code provided t he addition, altera tion or repair <.:on(o nn ,; Lu LhJ L 1,·q11 11 ,·d for a new building or s truc ture. Addi tions, alterations o r repair s ,;hal not cause an existing building or s tructure to become unsafe or o ver loade d . Any building so altered, which invo lves a change in use or o ccup a n c y , s h all not exceed the height , number of s tories and area spe c ified for nc,w bu i lding ,;. (c) Alterations or repair s to an existing bu ilding or strucLure which are nonstructural and do n ot adversely affe ct any structuraJ member or any part of the building or structure having required fire resistance may be made with the same materials of which the building or structure is c onstructed. EXCEPTION: The installat ion or replacement of glass shall be as required for new installations. (d) Nonstructural items include but are not limited to plumbing , mechanical and electrical instal lations. (e) Existing Occupancy. Buildings in existence at the time of Lhe adoption of this code may have their existing use or occupancy conL inued , i( such use or occupancy was legal a t the time of the adopt ion of th is c ode, provided such continued use is not dangerous to life. (f) Any change in the use o r occupancy of any existing building or structure shall comply with the provisions of Sections 307 and 5 0 2 o f Lhi,; code. (g) Maintenance. All buildings and structures, both existing and new , and all parts thereof, shal l be maintained in a safe and sanit ary co ndition. All devices or safeguards whic h are required by this code >ihall b maintained in conformance with Lhe code editions under which installed . The owner or his designated agent s hall be responsible for the mainLLenJn c c of buildings and structures . To determine compliance with this subsecLion, the building official may caus an y structure to be reinspected . (h) Moved Buildings and Temporary Buildings. Buildings or structures moved into or within the jurisdict ion shall comply with the provibion 1:, o ( this code for new buildings or strucLu res . (i) T mpor ry structures such as reviewing stands and other miscellan oue structures, sh ds, c Jn opies or fences used [or th• pro te c tion o ( the public around and in conjunct i on with construction work may b erected by special p rmit from the building of ficial for a limited period of time. Such buildings or structures need not comply with the type of construction o r fire-resistive time periods r quire d by code. Temporary buildings or structures shall be comple t ly r mo ved upon the xpira tion of the Lime l1m1L stated in the permit. -2- • I • • - • • • • (j) Historic Buildings. Ile pa i r s , alterat ion s and add it i on :; 11e<o e,;,;;; r y fo r the preservation, restoration, r ehabilitation o r contin ued use or" building or structure may be mad e wi th o ut conformance to all the i:c:quii:emenL:; of th is c ode when auth ori z ed by t he bu ilding official, provided: 3-l-4: (1) The building or structure has been d es i g na t ed by official action of the legally con s t i t uted auth o riL y of this jurisdic tion as having special his t ori c,,1 o r a rchi t ectural :sig n i fic anc e . (2 ) Any unsafe condi tions as described in t his code are corrected. (3) The restored bui lding or structur e wi l l be n o mo r e hazardous based on life safety, fire safety and sanitation that the existing buil ding. ALTERNATE MATERIAL AN D METHODS OF CONSTRUCTIO N (a) The provisions of thi s c ode are not intended co prevcnl LI,· use of any material or method of construction not specif i cal ly pre:s c ribcd by this code, provided any alternate has been approve d and i ts u se authorized by the building official. (b) The building official ma y approve any such alternate, provided he finds that the proposed design is satisfactory and complies with Lhe provisions of this code and that the material, metho d or work offered is, f or the purpose intended, at least e quivalent of tha t presc r ibed in Lhis co de in su i tability, strength, eff ec tive ness , fire r esisLance, durJ ~~l~Ly, safety and sanitation. (c) The building official shall require that s u f f icient e v idcn<o c o r proof be submitted to substant iate any claims that ma y be mad e regarding its use. The details of any action g ranti ng approval of an alte r nate shall be recorded and entered in the f iles o f the code enforcemen t a ge ncy. 3-l -5 : MODIFI CATIONS Whenever there are prac tical diff i c u l ties involved in carryini,I ouL t he provisi on s o f this cod e, the build i ng official may g r a nt mod ifica Lions for i ndivi d ual c ase~ prov i ded h e shall f irs t find that a s pecial individual reason ma kes the strict l e tter of this code imprac tical and tha t the modifica- tion is in conformity with the spirit a nd p urpo se o f this code and th t such modifica tion does not lessen any fir e prot ction requirements or any degree of structur al integrity. The deta ils of any ac t ion granting modifications shall be recorded and entered in Lhc files of the code enforcernenL 01,ency. 3-1-6: TESTS (a) Whenever there is insufficien t evidence of complian ce with any of the provisions of t his cod e or e vidence t h a t any material or con s Lruction does not conform to th requiremenL & of this code , the bu ilding off icial rn y requir tests as proo f of compli nee to be ma de at no expense L,, Lhis jurisdiction. -3- • I • • • • • • (b) Test methods shall be as specified by this code or by uLhc:1 recognized test standards. If there are no recognized and acccpL c:d I c·::L methods for the proposed alternat e, the building official shall <l eLc:rnu.nc: test procedures. (c) All tests shall be mad e by an approved agency. Repo rLs of such test shall be retained by the building official for the pvriu<l required for the retention of pub lic records. 3-1-7: DUTY TO COMPLY WITH CODE (a) It shall be the duty of all officers and employees of the City of Englewood to cooperate in the enforcement of the Building Code. Such cooperation shall include any as sistance chat may be required for Lhe en- forcement of the Building Code. (b) A variance granted by the Board of Adjustment and Appeals shall become null and void if the permit is not obtained and the work sLarte<l within six (6) months from the date the var iance is granted. (c) No oversight, neglect or dereliction on the part of the building inspector or any authorized assis tant shall authorize violation of chis code. Each day a violation is continued constitutes a separate offense. (d) The building inspector or any employee charged with the enforce- ment of this code, acting in good fa ith and without malice for the city in the discharge of his duties, shal l not thereby render himself liable person.illy and he is hereby relieved from all personal liability for any dama i;e LlwL may accrue to persons or property as a result of any act required ur by re..isun of any act or omission in the disch arge of his duties. Any suit brought against the building inspector or em ployee because of such act or omission performed by him in the enforcemen L of ny provisions of this code »h,11 l be defended by the legal department of the City until termination of Lhe pro- ceedings. (e) This code shall not be cons trued to relieve from or lessen the responsibility of any person owning, operating or controlling any building or structure for any damages to persons or property caused by defc LS, nor shall the code enforcement agency or ilt. p rent jurisdiction b held as ..issum.1.ng any such liability by reason of the inspections authorized by this ~ode or any certificates of inspection issued under this cod • 3-1-8: DEFI NITIONS (a) The t rm "Building Code" shall econdary code or codes adopted herein. an this entir title nd (b) Wh r th ter "D p rLment", "Divi ion", "Building D p rem nt", "Building Division" i us din this title or any code in this title, this shall m nth Chi f Building Insp ctor, or his uthoriz d r prescntaLiv •. 3-l-: (a) Ther Community Dev lop CREATIO OF BUILDING DIVISION; CHIEF BUILDI G INSPECTOR ah 11 b nd s lere by t blish d with nth nt, a Building Division. (b) Th Divi1ion shall b ad mini1t red by a Chi -4- • D •p.;rL111 •nt u lnlip tor 0 I • • - r l • • • • appointed by the City Manager in compliance with Care e r Serv i ce pr ov.1.:siu11:s contained in this code and whose powers and duties a r e herein after ckfinvd. The Chief Building Inspector sha ll be a professional e n g i ne er regi :sLere<l by the State of Colorado, an archit ecL licen s ed by the S t a t e of Color:11lu 0 1· superintendent of construction o f no t les s than five (5) yea r s ' expc:r.1.c:1h.:c:, or have a comparable and suitable c ombination of education a n d experience. (c) The City Mana ger sha ll be empowered t o ;;,ppoi n t dcput i t·:. or Liiv Building Inspector in the event o f the Inspector's ab s ence , c.Jis ab.il.l.L y ur his need for assistants to carry ou t his functions. The deputie s shall be vested with such authority as the I nspector lawfully possesses. 3-1-10: IDENTIFICATION Each employee of this Division shall be provided by the Ci t y with an identification card bearing a pho tog raph of the employee a nd in for mat i o n required by the Chief Building Inspector. Such identific at i on card shall also bear the authority granted herein. Such card shall be carried by t h e person so identified and shall be u sed when necessary t o properl y i.den L ify himself while performing his officia l duties. 3-1-ll: GENERAL PO WE RS AND DUTIES (a) The Building Division s hall administer and enforce th is Bu ilding Code and all other ordinances and c odes which may hereafter be as signe d t o the Division for enforcement and administration. There are hereby vested t o the Division the duty of enforcing and administering this Building Co d e a n d all powers necessary for such enforc ement. (b) Inspectors; Authority. Such inspectors, assistants and o t her employees as shall be required and authorized in the annual budget shall b e a ppointed and assigned to the Div is ion in accordance with the prov.1.oiono of the Career Service Rules as conta ined in this code. Inspectors shall ha v e s uc h authority as the Chief Build ing Inspector lawfully possesse s in cdr r yini; out their assigned duties. (c ) Records. The Chief Bu l ding Inspector shall maintain records of applications for permits, permits issued, certificates of occu pancy , nspec t ion s and i nvestigat i ons , applic t ions for licens e s , licen seo .1.oouec.J , f es co ll c ted a nd other i nfor,mat ion that y be requ i r d. He shall make such reports to the Di rec tor of Community Developmen t c o nce rn i ng the act v itie a of the Div i sion, v iolaLions of t he Building Code a nd such oLher matters as may be r quir ed. (d ) Public Inspection o cords . C neral file records of th Building Div ision shall b op n fur publi inspection but tnay not. be r mo v d . Sp c fie inv estigat on r c ords on ndivi du al cs s nd liens applications are not open to the publ c xc pt by direction o( Lhe City M nagar or ord r of cour t. (a) Authority to In p ct. The Chef Building Inapector , or h.1.1, uthoriz d repr sentat iv , shall have t h e a uthority to inspec t or cu Lo b inspect d for com plianc wiL h Lh 8u1ld i n Cod , 11 buildingo, structures or utilitia . I • • -• • - (f) Investigations and Surveys. Incidental to any of the :,c J u Llc :, a nJ powers, but without limitation of s ame, the Chief Buildin g I nsp e c Lor sh.11 1 cond uct investigations and survey s co determine compllance or non cumµll a nc c with the provisions of the Building Code and shall investigate or , """'' 1 o be investigated all accidents perLaln ing Lo buildlng s, sLrucLure:,, u, u Lil iL i c ~ fo r the purpose of ascertaining whether the requirements of the Bu ild i ng Code have been violated. (g) Right of Entry. Inci<.len tal to such inspecLlons, lnvl!:sL i.g ..1Liu11:, and surveys, the Chief Building Inspector may enter into and upon and cause any land, building, structure or utility to be inspected and examined . The right to entry and inspection may be enforced by applic ation to and proper orders from a court of proper jurisd iction: accordingly refusal of access constitutes contempt of court. (h) Stop Orders. Whenever a ny work is being performed contrary to the provisions of this Building Code, the Chief Building Inspector may order the work stopped by notice in writing served on any persons engaged in such work and/or causing such work to be performed. The order sha ll be given to the o=er or licensee or Lheir agents. It shall be u11L.1w f11 I ru,· any person to proceed with such work until the corrective work requlred Lo be performed by such notice is complied with within the time specified. (i) All buildings or structures regulated by this code whi ch are structurally unsafe or not provided with adequate egress, or which co n stitute a fire hazard, or are otherwise dangerous to human life are, for the purpose of this section, unsafe. Any use of buildings or structures consti tuting a hazard to safety, health or public welfare by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster, damage or aband onmcnL ls, fo r the purpose of this section, an unsafe use. Parapet walls, cornices, spires, towers, tanks, statuary and other appendages or structural members which are supported by, attached Lo , or a part of a building and whi c h are in deteriorated condition or otherwise unable to sustain the design loads which are specified in this code are hereby designated as unsafe bullding appendages. All such unsafe buildings, sLructure or appendages are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demo- lition or removal in ccordance wi th th procedures set forth in the U,.rngcrous Buildings Code or uch alternate procedures, as may have been or as may be adopted by this jurisdiction. As an alt rnative, th building official, or other employee or official of this j urisdiction as designated by the governing body , may institute any other app ropriate action to prevent, restrain , correc t or abate the viol tion. 3-2-1: CHAPTE R 2 CODI:. ADOPTED Th re is hereby adopted as the Building Code of the City of Engl wood, Co orado, by refer nee th r to, the Uniform Building Cod , 1982 Edition, by th lnternat on 1 Con£ renc o[ Building Officials, including appendice , w th th sam fore and eff ct s if the same were fully set forth herein, ubj ct to th xc ptiona, modific tiona and amendments th reto at1 h rein- aft r I c forth. -6- • I • • -• • • 3-2-2: SPEGIFIC CHA NGES IN ADOPTED CODE (a) The following specific changes, modifications and amen dmenLs ace he reby made in the provision of the Uniform Building Code, 1982 EJJL 1011, hereinabove adopted : (1) Delete Chapters 1 and 2. (2) ADDITION: Section 302 (a) page 31, APPLICATIO N. Add second paragraph. Authorized Applicants. Only per sons, firms, or corporations duly licensed under the terms and provisions of this Building Code may apply for a permit, and such licensees may apply and be issued permits to perform only such work as they are en ti tled to perform under their respective licenses. Any application for permit filed in deroga- tion of this chapter or Building Code shall be deemed to have been filed falsely and shall be invalid noLwiLh- standing the foreg oing, and in addi tion thereLo Lhe follow- ing persons shall be deemed to be authorized applicants: (a) Any person who owns a R-3 or M-1 building may make application for a permit to enlarge, remode l, alter , repair, improve, convert or demolish such building . Upon the issuance of a permit hereunder, all work shall be performed in accordance with all the requirements of this Building Code. (b) Any person who owns a property and wishe s to construct or erect an R-3 or M-1 Occupancy building or struc- ture on said property for his own occupancy may make application for a permit for such building or structure. Only one (1) such owner's permit may be issued to the owner in a twelve-month period. Any person who does not occupy said building within ninety (90) days af ter its construction shall be deemed contractor and shall be required to qualify as s uch, including payment of all applicable fees. (3) Section 304 (a), Page 30 PERMIT FEES. Add the following paragraph: Th City of Englewood , Arapahoe County, St te of Colorado, and th United Statea of America sh 11 be x mpt from paym nt off s . (4) S ction 1807 (a), Page 110, SCOPE. D lete Lhe l SL sentence and add the following sentenc (5) Such buildings shall be provid•d with n automatic sprinkler syatem in accordance with Section C. Section 1807 (1) page 114, AllEAS OF REFUGE (comp rt nt - tion) ALTERNATE. Delete entire Section. -7- '--==-----..... iiiioii--------....;;;;;...;.. __ ,... ... • • I • • - • • • - (6) Section 3802 (b), page 583, ALL OCCUPANC IES l•:XC El'T GROU P R , DIVISION 3 AND GROUP M. Add the folJ owln g paragr;_,ph a s item 5: In all buildings which are 50 or more feel i11 lictgliL (a» defined in Cha pter 4 of the 1982 Uniform Bu ildin r, Code) o r which compr ise mor e than four storie s lrre spc(;Llve or hclght . (7) Add Apendix Chap ter 32. Re-roofin g . Section 2. Chapter 4, Title III of the '69 E.M.C. is hereby re pealed and re- enacted to read as follows : 3-4-1: UNIFORM MECHA NI CAL CODE ADOPTED There is hereby adopted by reference thereto the "Uniform Medrnn.icol Code", 1982 Edition, published by the International Association of Building Officials, 5360 South Workman Mill Road, Whit t ier, California 90601, with the same fore a nd effect as if the same were fully set forth herein, subject to the exceptions, modifications and amendments thereto as hereinafter scl forLh. 3-4-2: SPECIFIC CHANG ES IN ADOPTED CODE (a) The following specific changes, modifications and amendments are hereby made in the provisions of the Uni fo rm Mechanical Code, 1982 Edition, here.inabove adopted: (1) Section 304 (a), page 19, PERMIT FEES. Add t o Lh e end of the first sentence, "of the Uniform Building Co de". (2) Section 304 (b), page 19, PLAN REVIEW FEES. Add to the end of the second and third sentences, "o f the Uniform Building Code". (3) Section 305 (f), page 21, REINSPECTIONS. Add to the end of the sentence of the fourth paragraph, "of the Uniform Building Code". (4) Table o. 3-A, pages 22, MECHANICAL PERMIT FEES. Del te this permit schedule. (5) Section 801, page 61, SCOPE. Delete "floor furn ce" in the first paragraph. (6) Section 802, page 61, GENERAL. D 1 t th w rds, "floor furn ce" where it appear• in this section. (7 ) Section 804, page 62, FLOOR FURNACES, Del and substitute : "Floor and Dual Ploor ation of floor and dual floor furnac a (d) S ction 1801, page 127, CE ERAL. Add econd pr graph follows: 8 "Applications for permit• to conaLruct co rci 1 inc neratora must be approved by the Air Pollution D partm nt Lh St te of Colorado, Tri-County Health Dep rtm nt nd Lh D part or th City o Engl wood prior Lo 01u1trucLion." -8- • I • • nt • • • - (9) Section 2124, page 270, OPERATIN G PERMJT. ll,·lc,t,, ,·11L ir c· section. (10) Section 2125, page 270, Maintenance inspection . Uele Le entire section . (11) Section 2126, page 270, OPERATION /\NO Mi\ lNTE Ni\NCI· OF BOILERS AND l'RESS URE VESSELS. Uc le Le cnLlrc ScL L.wn. Section 3. Chapter 9, Title III , of the '69 E.M .C . is hereby repealed and reenacted to read as follows: 3-9-1: UNIFORM PLUMBING CODE ADOPTED There is hereby adopted by reference thereto the Uniform Plumbing Code, 1982 Edition, published by the Intern ational Association of Plumbing and Mechanical Officials, 5032 Alhambra Avenue , Los Angeles, California 90032, together with the appendices contained therein, with the same force and effect as if the same were fully set forth herein, subject to the exceptions, modlficaLluns .ind ,1111cnd 111ents thereto as hereinafter set forth. 3-9-2: SPECIFIC CHANGES IN ADOPTED CODE (a) The followin g specific change s , modifications and amendments are hereby made in the provisions of the Uniform Plumbing Code, 1982 Edition, hereinabove adopted. (1) Section 401 (a) (2) delete "structures where combusllonable construction is allowed." Insert "residential construction not more than t wo stories in height." (2) Section 910, page 69, PLUMBING FIXTURES REQUIRED. Add a second paragraph as follows: Food wa ste disposer mandatory. New structures arranged or intended to be used for purposes which develop food wastes in the direct preparation of food in occupancies, such s dwe llings, restaurants , hotels, boarding houses, hospitals and simil r occupancies, shall provide food waste disposal equipment for such within th premises. Existing structures converted or alt red to the uses described above ne d not meet the requirements of this section unless such structures are provid d with new faciliti s for the abov purpo es. (3) Appendix C, p & a 152 -153, MI IMUM PLUMBING FACILITIES, Add an • follOYa: w tructur rr ng d purpo s which d velop ration of food in 1, • I • • • • • - Section 4. Notice of pubric hearing shall be publ ishe d twi ce , once at least fifteen (15) days preceding date o f hea ri ng and once at least eight (8) days preceding date of hearing , which n oL i ce shall state the subject matter of the Code, time a nd place o( hearing, and that copies of the foregoing Code art! on fil e will, Ll11.: Clerk and open to public inspection, and the na me a nd addre~~ of the agency by which said Code has been promulgat ed . Section 5. Not less than thre e (3) copies of each Code de st:ril>ed herein shall be certified to be true copies of sai d Code by till! Mayor and the Clerk and filed in the office of the Cl er k at least fifteen (15) days prior to public hearing and sub j ec t to public inspection at all times while said Code is in full fo r ce and effect. The Clerk shall maintain at all times reasonabl e co pi es of the Code available for purchase by the public at moderat e pric e . Section 6. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy, or maintain any building or structure in the City, or cause th e same to be done, contrary to or in violation of any of t he prov is i ons o( this Code. Section 7. That all ordinances and parts of ordinances of t h e City of Englewood in conflict or inconsistent herewith are h e r eb y repealed. Introduced, read in full, and passed on first reading on the 6th day of December, 1982. Published as a Bill for an Ordinance on the 8th day of December, 1982. Attest: Eugene L. Oti , Mayor e x officio C ity Cl er k-Treasur r I , G ry • Hi gb , e x o ffic io City Clerk-Tr~ ur r of th CiLy of Engl wood , Colo r do, h r by c rtify that th abov nd fo r go 1 ng i t r u , ccu r t nd c ompl t copy of a Bill for n O r din ~u, introduc d , re ad i n f ul l , nd p s don first r d n g on thu 6th day of D cember , 1982 . "" C ry R. Iii 6 -10- • I • • ~ - • • • • • ORDINANCE NO. COUNCIL SILL NO. 63 INTRODUCED BY COUNCIL MEMBER~~~~~~~- SERIES OF 198~2~~~ A BILL FOR AN ORDINANCE AMENDING SECTIONS 1, 3, 8 AND 10 , TITLE II, CHAPTER 3, SECTION 1, OF THE '69 ENGLEWOOD MUNICIPAL CODE, ADOPTING BY REFERENCE THE UNIFORM FIRE CODE, 1982 EDITION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. Th at Sections 1, 3, 8 and 10 of Title II, Chapter 3, of the 1969 E .M.C. are hereby amended to read as follows: 2-3-1: ADOPTION OF UNIFORM FIRE CODE There is hereby adopted, with the same force and effect as though the same were set forth in full herein for the purpose of prescribing regulations, governing conditions hazardous to life and property from fire or explosion, that certain Uniform Fire Code, 1982 Edition, including appendices I-B, II-B, III-A, III-C, published by the International Conference of Building Officials and Western Fire Chiefs Association, 5360 South Workman Mill Road, Whittier, California 90601, with the following exceptions, modifications and amendments: (a) The following specific changes, modification s and amendments are hereby made in the provision of the Uniform Fire Code, 1982 Edition, hereinabove adopted: (1) Section 2.302, page 6, BOARD OF APPEALS. Delete entire section. (2) Section 4.101, pages 12-15, PERMIT REQUIRED. Delete all items except: 4. Bonfires or rubbish fires 6. Burning in public place 7 . Candl sand open flames in assembly areas 11. Cryogens 15. Explosives or blasting agents 16. Firework 22. Haz rdous materials 23. Highly toxic p sticides I • • • 2-3-3: 29. Mall, c overed 33. Open burning • • • 43. Tents and air-supported structures (3) Section 10.30l(c), page 41, WATER SUPPLY. Insert new paragraph between first and second paragraph: Where there are practical difficulties in providing water system capable of supplying the required fire flow for any building or structure, a suitable automatic fire extinguishing system or systems, as approved by the Fire Chief, may be installed for the protection of such building or structure. Such system(s) may be installed provided that in the opinion of the Fire Chief, the fire suppression capabilities of the extinguishing system(s), in conjunction with the available water supply, provides an acceptable level of fire protec- tion for the building or structure in question. (4) Section 10.309(b), page 44, ALL OCCUPANCIES EXCEPT GROUP R, DIVISION 3 AND GROUP M. Add the following paragraph as item 5: In all buildings whi c h are 50 or more feet in height (as defined in Chapter 4 of the 1982 Uniform Building Code) or wh ich comprise more than four stories ir- respective of height. DEFINITIONS Wherever the following words or terms are used in the Uniform Fire Code, 1982 Edition, they shall carry the follo wi ng meanings: (a) •Jurisdiction• shall mean the City of Englewood, Colorado. (b) •corporation Counsel• shall mean th City Attorney for the City of Englewood, Colorado, or any designee thereof. (c) When ver the words •chief of the Bureau of Fire Prevention• or the words •Bureau of Fire Prevention• are used in the Uniform Fire Code, they shall b held tom an the Chi f of the Engle wood Fire Department or his design 2-3-8: APPEALS When v r th Chief of the Fire Departm n sh 11 disapprove an pplication or refuse to grant a permit pplied for, or di pprove n application for modification, or when it is claim d that th 2 I • • - • • • • provisions of the Uniform Fire Code, 1982 Edition, do not apply in the manner in which the Chief of the Fire Department determines, or when it is claimed that the true intent and meaning of the Code have been misconstrued or wrongly interpreted by the Chief of the Fire Department, any person aggrieved thereby may appeal from the decision of the Chief of the Fire Department to the Englewood Board of Adjustment and Appeals within thirty (30) days from the date of the decision appealed, which Board shall review the decision of the Chief of the Fire Department and render a final and binding decision thereupon. In considering such appeals, the Englewood Board of Adjustment and Appeals shall have the powers granted to the Chief of the Fire Department by Section 2-3-2 of this chapter. 2-3-10 : PENALTIES (a) Any person who shall violate any of the prov1s1ons of the Uniform Fire Code, 1982 Edition, or who fails to comply with the provisions of Title II of Englewood Municipal Code, or who shall violate or who shall fail to comply with any order made thereunder, or who shall build any structure of any nature in violation of any detailed statement or specifications or plans submitted and approved thereunder , or any certificate or permi t issued thereunder, and from which no appeal has been taken, or wh o shall fail to comply with such an order as affirmed or modified by the Englewood Board of Adjustment and Appeals, or by a court of competent jurisdiction, within the time fixed therein, shall be considered to have violated this Code and shall be sub j ect to those penalties prescribed in Section 1-2-1 of this Code . The imposition of one (1) penalty for any violation shall not ex c use the violation nor permit it to continue, and all such persons shall be required to co rrect o r remedy such violations or defects within a reasonable time . (bl Any continuing act which , under Section 2-3-lO(a) hereof shall constitute a violation of this Code , is hereby declared to b a public nuisance and in addition to all other penalties prescribed herein , the City may take such legal action to abate such nuisance as shall be appropriate . S ction 2 . Notic of public h acing sh 11 b publi h d twic , once at least fifteen (15) days preceding d te of he ring nd once a l ast ight (8) d ys preced ng date of hearing , which notice hall stat th subject matter of th Code, tim nd pl c of h ar ng nd th t copie of the foregoing Cod are on fil with the Clerk and open to public inspection , and the name and ddress of the agency by which said Code h s be n promulg t d. S ction 3. Not less th n three (3) copi of ch Code de cribed herein shall be certifi d to b tru copie of said Code by the M yor nd th Clerk nd filed in h office of the Clerk • lea t ift n (15) days pr or o public h ring nd subj ct to public in p ction all 1 es while said Code is in full force and 3 • I • • - • • • • • e ffect. The Clerk shall maintain at all times reasonable copies o f t h e Code available for purchase by the public at moderate price. Se c tion 4. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repa i r, move , improve, remove, convert or demolish, equip, use, occupy, or maintain any building or structure in the City, o r cause the same to be done, contrary to or in violation of any of the provisions of this Code. Any person , firm , or corporation violating any of the provisions of this Code , upon conviction, shall be punished by a fine of not more than Three Hundred Dollars ($300 ) or by imprison- ment for not more than ninety (90) days, or by both such fine and imprisonment. Section 6 . That all ordinances and parts of ordinances of the City of Englewood in conflict or inconsistent herewith are here by repealed. Introduced, read in full, and passed on first reading on t he 6 t h day of December , 1982. Published as a Bill for an Ordinance on the 8th day o f December , 1982. Eugen e L. Ot is , May o r Attes t : ex officio City Cle rk -T r easurer I, Gary R. Higbee, ex officio City Cl r k-Treasur r of th City o Englewood , Color do, hereby ce r tify th t th bove and foregoing i a tru , accurate nd complete copy of Bill for an Ordinance, introduced, rad in full , nd passed on fi r st reading on the 6 h dyof ,1982 • G r y R . Higbee 4 • , I • • - • • • • ,,,~ i- BY AUTH ORI TY ORDINANCE NO. COUNCIL BILL NO. 63 INTRODUCED BY COUNCIL MEMBER S ERIES OF 198~2--~ --------A BILL FOR AN ORDINANCE AMENDING SECTIONS 1, 3, 8 AND 10, TITLE II, CHAPTER 3, SECTION 1, OF THE '69 ENGLEWOOD MUNICIPAL CODE, ADOPTING BY REFERENCE THE UNIFORM F I RE CODE, 1982 EDITION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, CO LORADO, AS FOLLOWS: Section 1. That Sections 1, 3, 8 and 10 of Title II, Chapter 3, of the 1969 E.M.C. are hereby amended to read as follows: 2-3-1: ADOPTION OF UNIFORM FIRE CODE There is hereby adopted, with the same force and effect as though the same were set forth in full herein for the purpose of prescribing regulations, governing conditions hazardous to life and property from fire or explosion, that certain Uniform Fire Code, 1982 Edition, including appendices I-B, II-B, III-A, III-C, published by the International Conference of Building Officials and Western Fire Chiefs Association, 5360 South Workman Mill Road, Whittier, California 90601, with the following exceptions, modifications and amendments: (a) The following specific changes, modifications and amendment s are hereby made in the provision of the Uniform Fire Code, 1982 Edition, hereinabove adopted: (1) Section 2.302, page 6, BOARD OF APPEALS. Delete ent i re section. (2) S ect io n 4.10 1 , pag es 12-15, PERMIT REQUIRED. De le te all items e x ce p t : 4. Bonfi r es o r r u b bish fi r es 6 . Burning i n public place 7 . C ndl sand o p e n fl ame s i n a s semb l y area s 11 . Cr yogens 15 . Ex plosi v s o r b last i n g ag nt s 16. Fi re wor k s 23. Highly oxic p aticid s • I • • • 2-3-3 : 29. Mall, covered 33. Open burning • • • 43. Tents and air-supported struc t ur es (3) Section 10.30l(c), page 41, WATER SUPPLY. Inser t new paragraph between first and second paragraph: Where there are practical diff i cult i e s i n prov i d i ng water system capable of supplying the requ i red fire flow for any building or structure, a suitab l e a u tomati c f i re extinguishing system or systems, as appr o v ed by t he Fire Chief , may be installed for the protection of suc h building or structure. Such system(s ) may be in s tal l ed provided that in the opinion of the Fire Ch i ef, the fire suppression capabilities of the extinguishing system(s), in conjunction with the available water supply, provides an acceptable level of fire prot e c - tion for the building or structure in question. (4) Section 10.309(b), page 44, ALL OCCUPANCIES EXCEPT GROUP R, DIVISION 3 AND GROUP M. Add the following paragraph as item 5: In all buildings which are 50 or more feet in height (as defined in Chapter 4 of the 1982 Uniform Building Code ) o r wh i ch comprise more than four stories ir - respect i ve of height. DEFINITION S Wherever th e follo wing wo rds or terms are used in the Un iform F i r e Code , 1 98 2 Ed ition , they s hall c arry the f ollowing mea ni ngs: (a) "Jurisdiction " sh a ll mean the City of Engle wood , Colorado . (bl •corporation Counsel• shall mean the City Attorn y for the City of Englewood, Colorado, or any designee thereof. (c) Whenever the words •chief of th Bureau of Fire Prevention" or the words "Bureau of Fire Prevention" are used in the Uniform Fire Cod , they shall be held to mean the Chief of the Engle wood Fire D partment o r his desig n e 2-3-8: AP PEALS Whenever the Chief of the Fir Departm nt shall disa p prov an application or refuse to grant a p rmit a p plied for , or dis pp r ove n pplication for modification , or when it is claim d that the 2 • ) I • • - r • • • • provisions of the Uniform Fire Code, 1982 Edition, do not apply in t he manner in which the Chief of the Fire Department determine s , o r when it is claimed that the true intent and meaning of the Code have been misconstrued or wrongly interpreted by the Chief of t he Fire Department, any person aggrieved thereby may appeal from t he decision of the Chief of the Fire Department to the Englewood Bo a rd of Adjustment and Appeals within thirty (30) days from the dat e of the decision appealed, which Board shall review the decision o f the Chief of the Fire Department and render a final and binding decision thereupon. In considering such appeals, the Englewood Board of Adjustment and Appeals shall have the powers granted to the Chief of the Fire Department by Section 2-3-2 of this chapter. 2-3-10: PENALTIES (a) Any person who shall violate any of the provisions of the Uniform Fire Code, 1982 Edition, or who fails to comply with the provisions of Title II of Englewood Municipal Code, or who shall violate or who shall fail to comply with any order made thereunder, or who shall build any structure of any nature in v i olation of any detailed statement or specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from wh i ch no appeal has been taken, or wh o shall fail to comply with such an order as affirmed or modified by the Englewood Board of Adjustment and Appeals, or by a court of competent jurisdiction, within the time fixed therein , shall be considered to have violated thi s Code and shall be subject to thos e penalties prescribed in Sect i o n 1 -2-1 of this Code. The imposi t i on o f one (1) penalty for any vi ola t i on shall not excu s e t he viola tion n o r permit i t to continue, and al l such per s ons sha ll be req ui red t o c orrec t or remedy such v iol a tio n s o r d efects wi th in a rea son a bl e ti me. (b) Any c ont inuing act which , under S e c t io n 2-3-lO(a) hereof shall co n sti t ut~ a v iolation of this Co de, is her eby d e cla r ed to be a public nu isa n c e a nd in addition to all o t her p e nalties p rescribed h erein , the City may take such legal action to abate such nuisance a s shall be appropriate. S e cti on 2 . Noti c e of public hearing shall be published t wice, o nce at least fifteen (15) days preceding date of hearing and once at 1 ast eight (8) days preceding d a t e of hea r i n g , which notice shall state the subject ma tter of th e Code , time and place of hearing and that co p ies of the fo r egoi n g Cod e ar e on file with the Clerk and open to pu b lic inspection , and t he n a me and ad d ress of the agency by which said Cod has bee n p romul g a t ed . S ction 3 . Not less than th r ee (3) copies of each Coded sc r ibed herein shall be ce r tified to be true co p ies of said Code by the Mayor and the Cler k a n d fil d in the office of th Cl r k at least 1f t en (15) days pr ior to public hea r ing and subj ct to public i n s pec tion at 11 tim s whil said Code is in full force and 3 • I • • • • • • effect. Th e Cle rk shall main tain at al l times reaso n ab le copies of the Code available for purchase by the public a t mod er ate price. Secti on 4. I t shall be unlawful for any person, firm or co r po ration to ere ct , construct, enlarge, alter, repair, move, imp rove, remove, convert or demo l ish, equ i p, use, occu py, or maintain any building or structure in the City, or cause the same to be done, contrary to or in violation of any of the provision s of this Code. Any person, firm, or corporation violating any of the provisions of this Code, upon conviction, shall be punished by a fine of not more than Three Hundred Dollars ($300) or by i mprison- ment for not more than ninety (90) days , or by both such fine and imprisonment. Section 6. That all ordinances and parts of ordinances of the City of Englewood in conflict or i nconsistent herewith are hereby repealed. Introduced, read in full, and passed on first reading on the 6th day of Dece mber , 1982. Published a s a Bill for an Ordinan ce on the 8th day of Decem ber , 1982. Eugene L . Otis , Mayor Attest: ex officio City Clerk-Treasurer I, Gary R. Higb e, x officio City Cl rk-Treasurer of the Cit y of Englewood , Colorado, hereby certify that the above and foregoing is a true, ccurate nd complete copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the th day of December , 1982 . Gary R. H1gb 4 • I • • • • • /· TO: Englewood City Council / FROM: Walter J. Groditski, Fire Marshal _/ DATE: November 19, 1982 SUBJECT: ADOPTION OF, AND AMENDMENTS TO, THE 1982 UNIFORM FIRE CODE The Englewood Building and Fire Departments are requesting that the Englewood City Council consider the adoption of certain recently published 1982 Uniform Codes, specifically the 1982 Uniform Building Code, 1982 Uni- form Fire Code, 1982 Uniform Mechanical Code and 1982 Uniform Plumbing Code. These codes are published by the International Conference of Build- ing Officials and the Western Fire Chiefs Association. The City has already adopted, and presently enforces, the 1979 version of the Uniform Building, Fire, Mechanical and Plumbing Codes, thus the adop- tion of the newly published 1982 versions of these codes is merely an up- grading of our existing codes to the most recently published standards. The general text of the 1982 codes has remained consistent with the 1979 versions, however, some very needed additions and amendments to the 1979 codes has made the 1982 publications superior in scope and clarity. The major revisions to the Uniform Fire Code will be discussed briefly later in this memorandum. I am proposing a few amendments to the 1982 Uniform Fire and Building Codes which fall specifically into th area of fire protection systems. I would now like to outline these propos d amendments nd the reasons for their intended inclusion into th latest code versions which the Building and Fire Departments are proposing for adoption. The proposed code amendments which follow are listed as they would appear in ordinance form in th Municipal Code, with copies of the referenced code pages attached so that the ctual code sections can b read and understood. l. 2-3-1: ADOPTION OF UNIFORM FIRE CODE Th re is hr by dopted, with th same force nd ffect s though the s wer st forth in full hr in for the pur- pose of preecribing regulations, governing conditions h z- rdoue to life and pro rty from fir or xplosion, th t certain Uniform Fir Cod , 1982 Edition, including app ndic s I-B, II-B, III-A, III-C, publish d by th Int rn tional Con- ference of Bu ling Off ciale nd We etern Fire Chi fs Asso- ci tio , 5360 south Workman Mill Rod, Whitti r, C liforni 90 01, with h following exc ptions, modific tione nd nd- nta: Thie ction • r p nd c 1, and y 0 th nt1 to th 198 Uni orm Fir Cod , th code. • ndicat d I • • - • • Englewood City Council Page Two • • • (a) The following specific changes, modifications and amendments are hereby made in the provision of the Uni- form Fire Code, 1982 Edition, hereinabove adopted: (l) Section 2.302, page 6, BOARD OF APPEALS. De- lete entire section. The procedure for appeals of provisions of the fire code are contained in Title II, Section 2-3-8 of the Englewood Municipal Code. Adoption of the provisions for establishment of an appeals board within the 1982 Uniform Fire Code is therefore not necessary. (All sections in Chapter 3 of Title II which refer to the 1979 Uniform Fire Code would require rewording to read "1982 Uniform Fire Code" where- ever "1979 Uniform Fire Code" exists.) • I • • - • • • • Englewood City Council Page Three (2) Section 4.101, pages 12-15, PERMIT REQUIRED. Delete all items except : 4. Bonfires or rubbish fires 6. Burning in public place 7. Candles and open flames in assembly areas 11. Cryogens 15. Explosives or blasting agents 16. Fireworks 22. Hazardous materials 23. Highly toxic pesticides 29. Mall, covered 33. Open burning 43. Tents and air-supported structures REASON: Code compliance with all other items listed in Article 4 is gen- erally obtained through the department's fire inspection program. All businesses within the City are inspected once yearly with selected busi- nesses containing hazardous materials or processes being inspected twice yearly. Fire Department personnel receive regular training in the proper use and application of the fire code and issue violations and corrections notices to businesses not in compliance with fire code requirements. Instituting a new paper work system for permit issuance would severly tax the clerical staff of the Fire Prevention Bureau as well as cause the need for separate permit inspections by the Code Enforcement Officer. This de- partment would like to limit the need for permit issuance to items which are seasonal or not a normal part of a business' operation (such as open burning, erection of tents, fireworks, etc.) and to potentially dangerous situations such as the storage of hazardous materi als, explosives or cryo- genic liquids. • I • • In ( • - 4 .101 UHlfOAM FIRE CODE ARTICLE 4 PERMITS AND CERTIFICATES Pffffllt Aaqulred Stt. 4. ltl . It shall be unlawful for any person, firm or corporation 10 use 1 building or premises or engage in any ac1ivi1ies for whi ch a pcnnil is required by this code wi1hou1 fim having obtained such pcnnil . Pcrmi1s a,c required from the bureau of fire prevention . I . Air•alt Nfu 111 .. ·11111111 Nr snrtiGcncst n41:1irod Cw pcvonr epenting reFYeliRI uaie,. Saa Seetien 11 iJQ 1 1. t lrerall ,.,.,, ll&RIIIE Te t111 M) 1&1 t1att1n 1 1111 aHl'lfl(t h 11 far IAle pu pen efHP' iei :g er repsiri111 eir1r1A 511 511ti111 41 182 . J . •••••••ii• r11l•i•131,i, T1J1op Rtranz::ts ltil1u cMc kin1yard SN \f1i1l1 J4 , 4. B..ntts er rubbish fltts . To kindle or aulhorizt the kindling or mainlc- nance of bonfires or rubbis h fires . See Section I I.IOI. S. l11vli••• ••••.· .. a frhl• lia sends s:11 ho lin1pi1 iaef · h'na ar hoe, 'in1 ,1-,, m Wsia1 aper:( a ineek' 11 :hr etfl ud ,rl' snf on er aw "''~la li .. tt ii,, er 1111tuial1 511 t Misl1 l6 . 6. Bllnlinc la p4lllk platt. To ignilC or bum was1c macmaJ on publicly own<d or conlrollcd land, bridge , slreet or other public place which has not been set asid<e by public aulhori1y for such purpose . See Scclion 11 .113 . 7. Candles and optt1 n amH In assembly ams. To use open name or candles in connection with assembly areas or res1aur1nts' din ina or drinkina es1ablishments . For definition of Assembly, see Sec1ion 9 .103 . See Sections 25 .117 and 25 .l 18 for open name and candles . 8. '71ldl111 .1, ..... ,, .... 1/a 119N W ha dh FON •••• JS peonad, ef r,Jlulcru re 111 p11ui1 c,, PIH) I n) ftrtlu men :f c Pina w srrrmtl3 ,r ••i•I• er p•tt e(•f•I• 1111111· · c 11llul11111 ·,ae, pluti11 (p3ran3I ) , .. tMitle *' 9 ~••• ,11,11 ••" .. ., .. , 'u 111r1 ., hnr•, nrt , '1h , .. ,,. ill ,, C h11H ia SMUii tr 100 t11t11 Jul 511 tJl tla 31: 10 C ,, rr ••r 0& ht Tttt8NI h di• n11a1a om , ... peNJun 1ndpr11twP11 •• •• lOOO ••• 1 h .. ,rn mr rm#1 c er 6000 ,u•i• J.e ara .. An•••th ,o.,n111d1a1 ,,, ••,1 , 1• 11 C~ Excepc .. here fed<eral or"* reaut•ions apply and t11cep1 for fuel S)'Slems o( the ~iclt, penn,1 are requittd IO pr , M or ndle Cl) n.: nu, in excess of the follo,.,n 1moun1 · 12 •> lytodc: --,:-==11,::11"''--=:---T""--===11"'11=-=--, o,-., I 1at10,, 60 pl • ( 1"2ED1Tl0N 4 .101 12 . ~ th al I plaal1 To 1Rga11 i• tile lm c· tH af d'"!J• slta ! Suoh peAAilE cllall pM'6Rbe tlat Glau af E) CtllR tu N WHd 511 • ff ' : ~- 13 . u. .. •• •• I I ,,1rrtf•t 1ia apuau a I aia r1t atal; Po r E11111II er HM Mill, wpl ... puh•A1ia9 alu•i• •, Gaal, Gosa, m21n01i:ew 1pisu ,wsar er81la1r •111RII p•d in9 • ,a, 1, d1Cin1d in ii f n ?f 101 14 . 5•11vrtfs aeu C ••It W 11 E • Oihb H411Yd pip fti:es To ¢161 ,,.., er de •) encMl kslam 9radt i1hiR 10 H,a af ••Y fp11in1 o:Etd fer "-• 1Ptnrport11ia1 af Aa•wakl, ar n•k 1ui'tl1 li11wid, ii•• Et01ian '.JO I iaOI IS . Ex,1Nffts er blaltlaa lilftllS. For pcnnits for explosives or blasting agents, see Sec1ion 77.104 . 16 . f1re-"s. For permits for firewoncs, sec Anic le 78 . 17 . p th•• nab fhk Pf1 5d ,1,11ia1 aptPatioa aad ercae:atioa . N MN 1r ••• • ••ip1li:111 r.,a111111p1r1t1i1R 1fA••••kl11r n•k n t"hl1 li•ui•• ••le•••• 1r •• .. ,. aflli k1h 1rast1 i1llin 10 rs,, af an . ,wull pip1lin1 5tt 5uei• 'Jq UQ I. 18 . A Ill 1r II c, 11IH1 Ii•••••••• t1aM t .a uar,, laudl1 tr wH ea.,1 r,.·•, i••••11 ,r, 11ll1u in ••tai1•·n1ari111t111 u ,r IG11ll1u ••tnitl1 ef M) ••il.ia1; IR11p1 Ihle I p1M1il ii n .. N~taiN:a1 Cer 1111 fella i119 : (i) "Ala 11111111 • YH sf ~1111 I r1 ·11 ia die Joal taal· al a rater ,·ah idt, 1iN•AI, ••ca• us, •a•it1 pa If plans• as'tilt h11tin1 phn1, nh H •••••u••• NI 1111 ,,-.,·u 1ht11111 ·,1, •JI• 11wu tn t Jr nniifu . (ii) "R\e11a,e1• ar •• ,r,,· 11, eilt, U11 ith111raiail11 A••••••• a ifthlF U , la1n1111tar• iit1N1laNa''6rata11A1 s pa · f garc"m "lar,,spacu i.,, , ...... , ........... 10dt)*5 . 8 l4 111ft; ....... IF lill CIM1 II arQ1u 111 Ji,:e " dtl int Ettl tfi3j 9rllont in I 'tuil:tia1 sr in a;;c:11ol6011U1>M ,eruide I i.::i!d in9 cxs,pe Cor Cwal ail Yftd in et ostioa MFitta ail 't :m · 11,ee ·r t ~ Te11•1 1Cl1ulwQoulll 1 ·+•••• adu9r rn1'UaNftllnl uti Nf ft lina aatar, st· lea~ 1191 •• 11 • ._dun•• 1pprs N aeae 11 s, an litspu1t1po RIMIIII) 11111' ,.,..,.,,,cchapes,p,uu '8, Tl i ultll; ..... If 1p111111 ... ·, .... ia COAAISI ta th •• tl@Ptr , 1m•1a a,•••..,••'A•• •"• ••11 \ t1 'tl o I, ·11 NI l1t1d 1a1hr +rttolc ~ Ii 'Jt ia1 ... t, ...... ""'' 1, 1hni11, p&aea a,..,11111 1) •••,,HP :n tr •laavari11 dicpcnc of ray O••••h!c or c b tt ihl a 1·1 :·• t1Mk iaa t ,·siola 70 . 19 ........ r1, rn111 11 rips•,,...,~, Ille p 11111 •ea ·t J Eua'e c 1':181. 20 . F Is Sh ,, 111, ..... I rr SI If IC •• I 'ti 1p 1 111 a • e: ans of t ·1eitt • ., .. ,1 inr n1 i1 'isl ftN' I Alie 18 ••'nn'n a•••, wh • t • le tlit .. 11111 i1 A1 ••hf r ·11 t i1 1111d Ent &rhala 17. 21 t , ...... Te .... IP) UP" • II I ,.l(Jfr of 'Dentin ff 'eo ..,. rent rOStY at · tin SN t sei, .. 419 , 22 . ~ IUl.triall. ol 1-e liquid or more 1han 13 - - 4 .101 UNIFOMA FIAE CODE 10 pounds of organic peroxides or more than 500 pounds of nitrometh&nc or ,1000 pounds or more of ammonia nitrale, ammon ia nilrale fcr1 ilizcrs and fcr1ilizcr mi11ures covered by Section 80 .106 (d); or any amounl of highly toxic materials, pyrophoric materials , hypcrgolic malerials, cryogenic or poisonous gases . See Article 80. 23 . HicWy IHk paaicida. To store any amount or highly toxic pestic ides . Sec Art ic le 80 . 24. lliell pile .. c • 1tikl1 •••• l'e IHI ... , hwihli"I ",,,.in ehunf 1rto11diAI ~OQ ••ttlN H• r. llat tfiPI er hith piled u n \uuiklt ctrrh t Aeer pJ111 ,Ila s iat s.lllt diSPtnsiotH aad locatiee olda1 st skp"lx 111sl airl s alaaU N uehmivtd :n ida applisatioes hf (CIGl:t ptmnia, (11 t •i1l1 I I . 25 . I .. ,_. Te 1par111 a ww:kir@ yud,jnak ar11ostc allMnl h dl"ng plant 511 t Miala J t 26. LI• uAa• petnh m I sx Ii otpt Jor paMakle eerrn · tr af Ian ••• I~ flU .. , et .... 11p11it) 18 i1C11ll w V . t . IA) LP 111 HA11i I If if I M¥ Sark ,,ebicle u hish i1 ercrd far 1M t znspereae ·aa af L.P 111 »<11 ... a 1is1lo HAlliRH er lhe 111•1211 s pa ·:) ef i sunrnuttd 11n:rin1M it '"" 1100 eallors »acer srp1F 0 ty ,a. insrallcr thall ss:lr•it pl••• &r e11eh prw·es StN ~ 27 . I bar,., •• Tv ''"" h•lttr i• INIIH ,, IQQ,OOQ ..... , ... , .. • tislr JO 28 . ~l ... 11lua ........ ff Mthe Sitt hlill INII If ff4P• .... 1hla IQ petu,•, 1l••1•11it1• par 1f11 'n1 ••Y 511 trc is lr 41 29 . Mall , cC>ffttd . To usc a eO\-cred mall in the following manner: A. Plac in& oc construciing tcmpora,y kio ks, di play boolh , concc sion equ ipment oc the like in 1hc mall . 8 . To usc the mall as a pl= or assembly. C. To use open -name or llamc ,produdng devices . D. To dis play any liqu id oc sas-fucl<d po11.ercd equipment. E. To use liqut(ICd ~trolcum ga . hquc(ICd natural sas and compressed Oammablc 1 . See Ar1iclc 35 31. •·1, .. 1111a litu ... ,hcath u1trt tfl) ai•uC.I• (ae t,~11,l1JJ )2 Qil 1•4 •1tuNI IM ... 'f<I .flllc I R; IJIFIII If M • tn "n ti .. , .. f\114ural •• •II Mitt ail• t MIits ... •• ell pa ·1 lihlll ~ tW1t ht .. r1 t1rtl11 ,.... '8, ec hiN II ii In ad SN S011i11 79 I 101 33 Open bunln1. 5N S1zfen 11 f JO 14 • 0 1112 EDITION 4 .101..e.102 3S . Qra-i• 1 et I liar 11122:rCacsenre rnoct shan one salloo a£ oqpnic ee1tia11 ia 1 1flii•1 •1$ SN f:rtielo SO 36. 9 ••, 11 J I lal .. hb1 •• • ., ... T9 ep rat aa in+:urial b & z •;i191 111 npl .. 1tb) lhi11e•s S11 trtiola6J 37. 1111:, .. ,1 .... Ta 1111 •p•ah Aea& (arpsrb!ic pcrfocmaecc prrsenratioe 1pne•ln, 11t1fllai11Mr1S arp1r .. , S11 faeeira 11 lOI 38. •1111 el tis Te ap 1n11, pl n af , Iris II tdt111' i• e ,.;,1, o 39 . a1Ji1,.,. o bll lia 1taN ar h •1 d 11y i u1J11siaa •"8 Ilana I "-61r11m ·1 ,r .. •i•••i•• Mllnri1J 101 oxsOed in, Cttld 191:mc :x nW thtt 1 z "llicnrric oCndio1dite mlloritl in: tried soeeme CM s•1x01, as ear s af d' sits mrtorie! r. ••ieh 1 1pocific JisnH Cron tht N:noJnor P I :Jetny c-uix is •• "xd i'• t raiola lO 40. ••• ..... ,... I IJ t To iMOII CM opanse, mechanical nfrieorttion iaais :x 1reon i'N t:fsk fl . SYCSPTIONSa t t ·: « H 11 I t H 'tt d ) o CT ' I C y I f '1 th a Csi1 1 sen prs rmt f n«is1 oChss +cs 100 41.Sr 1t1w«Jrf I T1: p cspr:ris1CMd·p,-9ont15'riHr:ri!:zin9 Au •••hr, ·•, inthti:J • i•is Iha 11111 ,r r\rti1l1 df 511 Snf1r 11 101 42 . Tn+ did ~ iJIF s, a tr h 1laid1 hr aha e rpoJC1e"• or A•• a bl :x ,ark s"hk 1'1 ·+ foe \rti1l1 l0, Qi i1i11 >CU . 43 . Tftlls 1111d air-~ SlnodlllftS, To erect oc opcra1e a ten1 or air- supporte d uructure co~rin1 an area in excess of 200 square feet unlc s such stNctures arc used cxclusi~ly for eampin1 . See Anicle 32 44 .'APIHIIJJI I Trtapansr:· IMC, ..... ., ·11· ,,, :: , .. t ..... '*· 4S . u· st, t d Ph #ti 1rknt 11tapn:doo 11 S • IL •• I p!:11 Stt t uish Jf 46 . ,,. "'"• -· I ttl I IJIF t5 I 'Ju: cc d 5 11 !ti •• ::dear ,, .• ,..,, in IP) 1 f 3 , .. t tide 19 Condltlona of Pwmlts or CenlflcatN . 4.102 . (a) A ~rmil shall con tillllc pennis ion to m11nu1n. MOtt, IISC oc handle ll\lllmal , oc to conduct ~scs v,hich l)(odu« condition haurdou to life or property, oc to install cquipmmt used in connect ion .. uh such act1~1ties . Sudl pmniuion lhall not be c rued ·1y violate. cancel or wt ode any of lhc pn,vlsion or !hi <'Ode uc:h permit I not c the place of any liceasc requittd by law. (b) A permit ssucd 11ndct du code I conti-1111111 re, cd oc ror 1UCh a period o( ti,ne cksiglllled lheffin II lhe time ot c 1r1nsfcnblc and 111y chan,c in use , puicy, opcn,1ion or ttqllire a new pamk (c) All perm or ~r11nc11 'a tht J110Y lhll lhc 1ppl " - ·-· • • • • 4.102-4.107 UNIFORM FIRE CODE propo$Cd ac1ivi1y in compliance willl all lhc n:quin:rncn15 of llli• code and any ocbcr law1 or n:1ulali01U applicable lhcn:10, whelhcr •pccificd or noc. and in complete accorduK:c willl lllc approved plan1 and •pccificaliOOI. Any pcnnit or ccrtificaac wbic:h purporl5 10 ilnCtion a violacion of thi, code or any applicable law or n:a11la1ion lilwl be void and any approval of plans and •pccifications in Ille iNuaacc of 5IICh permit lhall liicwiiC be void . Appliolllon for Pwmlt Sec. 4, IOJ. All applic:acions for a pcnnit n:quin:d by llli• code •hall be made to lbc bun:au of fare pm,cnlion in 511Ch form and detail u it ihall pn:.cribe . Applicaliom for pcnni15 lhall be accompanied by 511Ch plan. u required by Ille bureau . lnepedlon ~Ulr9CI Sec. 4.104. Bcfon: a pcnnit may be i$$ucd . the chief or hi, 111tboriud n:pn:sc11111ivc ihall impcct and approve the n:ccp111ek:o, vehicles, bllilding,, dcvic:ei, prcmilCl, ilorage 'PICC• or an:.u IO be lliCd . In illSIIIICc$ where law, or n:palallom arc enforceable by dcpar1me1115 ocbcr dlan Ille fin: dcpartmcnc, joint apprvvaJ lhall be oblaincd from all dcpartmeal) -med. fllllntlon of P9lmlte Sec. 4.105. Pennit1 lhall III all cimc, be kcpc on the pn:mi.c• dc5ianaced lhcn:in and Iha.II ac all lifflCl be lllbjcct to in1pcction by an officer of lbc fare or police clopanmcnt or ocbcr 111thorizcd pcl'i0n5 . Permlta for Ille Same Location Sec. 4,116. Whenever. undcnhc provision•of1hi• code. more lhanoacpcnnit or-lir-isrcqllin:d for Ille r.arnc locacion, •ucb pcnnil5orccnif-maybc ._,.,ichlecl inlo • llinalc permit or ccnific;11c. fllwiooallott of ,.,,.. Sec. 4.1'7. Ally pcrmil or ccnific.icc iUIICd 11ndcr this code may be illipcDdcd or~ when ii is doccrmincd after a hcvina by Ille chief that : (a) It is IIICd by a pc..-othcr than the pcrwa lu wl1;H11 lhc pcrmi1 urccrtiflCllle -iuuod. (b) It is IIICd for a locacion oilier th~n th.ii for which n W.4> i"41Cd . (c) Any of the condition, or limi1;11ion1 .cc forlll in Ille permit orccrtificacc have bocn violated . (d) The pcnnittcc fail•. n:f11oc• or nc;lect• to comply wi1h any order or nocicc duly ICtvcd upon him 1111111:r di.: provi•ion• of thi• cud,: within the time p,ovKkd lbcn:in . (e) Then: llu bcc:n any faloc 1t.11emcnt or mii.n:prcocnt.uion u to a malCrial fact i,i lbc applic.ltioa or pi.... on which the permit or appliQtioa WM buod . 11 • I • • Englewood City Council Page Four • • - (3) Section 10.30l(c), page 41, WATER SUPPLY. Insert new paragraph between first and second paragraph : Where there are practical difficulties in providing a water system capable of supplying the required fire flow for any building or structure, a suitable auto- matic fire extinguishing system or systems , as approved by the Fire Chief, may be installed for the protection of such building or structure. Such system(s) may be installed provided that in the opinion of the Fire Chief, the fire suppression capabilities of the exting- uishing system(s), in conjunction with the available water supply, provides an acceptable level of fire protection for the building or structure in question. Division Ill INSTALLATION AND MAINTENANCE OF FIRE· PROTECTION, LIFE-SAFETY SYSTEMS AND APPLIANCES Installation Sec 10 .lO I. (a) 1),pc Required. The chief sh.ill dc,ignalc lh~ lypc and numbl:r of lire applianccs 10 be insl&llcd and maintained in and upon all buildings and pn:mises in the juriidKtioa ocher than private dwellings . This shall be done acconlin& to the relaiive severity of probable lire. including the rapidi1y wilh which it may spread. Such appliance, shall be of a type ,uit•ble for the probable dan of lire wocia&cd with such buildina or premises and 5h;ill have approval of the chief. Portable lire eiu1nauishcrs shall be m acccrd.lnce wuh U.F.C. Stand.ird No . 1().1. (b) Special Huanls. In occup.inc1e• of an especially haZ11rdou• n.uure or where special hazardl exist in addition 10 the norm;il h.&L:lfd of the occup.incy, or where accc" for lire appara1u, i, unduly d1flicull, :a<lduional .:ik~u.&rd> may be required coru.iwina of additional lire appliance unu,. mor.: than one type of appliance. or special sy5tcms suitable for the pro1«11on of the h.&unl mvol~. Such device, or appliaKcs may eonll>t of au1om,111c lire iilllffll >Y-'em,. automat· ic ,prinklcr or WIier spny sy5tcms, mndpipe and hoiC, fixed or portable lire c:xtin&uilhcn, witablc ubc5IOI blankell, brc:ithm& ppar.11u,. manual or auto- matic c~n. carbon dioxide, foam . halo1cnaied and dry chemical or other ,pccial lire-<:xtin&uidlin& sy,tcms . Where such ,ystcms arc 1n.iallcd . they 5hall be in -ordancc with the apphcablc Uniform Fire Code Stllllll.inh or ,t.ind;&nl, of the Naiional Fire Proteetion A,.oc1a11on when Uniform Fm: CUii~ Stanll.&n.ls do noc apply. (c) Waler Supply. An pprovcd water ,upply capable of ,upplymg required lire now f0< fire pro1CC1K1115hall be provided 10 all pn:misc, upon which buildinas °' portion, or buildina, arc hcrcaflcr constNCtcd . When any portion of the buildin& proccctcd is in cxcc5' or ISO fcc1 from a water ,upply on• pubhc >1rcc1 . ' al !IE.•.,..~ .. f there wll be provided, when required by the chief, on -site fire hydro11115 and " ~ ~ ~ I IV' fl ....inains capable ol 1Upply1n1 the required fire now. -----1?, 'Ww:r wpply may con>i51 or reservoin, prcuurc link>, clcv.a1cd tanks, water mains or ocher fixed 1y5tcm capable or supplyina the required fire now. In sctun& the rcquircmcn11 '°' fire now, the ch~f may be ;uidcd by 1~ ,11111J.inJ published 41 • I • • - • Englewood City Council Page Five • • • REASON: Section 300 of the ISO Fire Suppressi on Rating Schedule and ass o- ciated Commercial Fire Rating Schedule Extracts, which outline the method s a nd criteria for determing the nee ded fi r e flow for a structure, state spe cifically that "if a building is rated or coded as automatic sprinkler protected do not determine a needed Fire Flow for it". The apparent reasoning here"i"s that because of the excellent record properly installed and maintained sprinkler systems have compiled regarding the extinguish- ment and containment of fires in buildings where they have been present, fire flow requirements can be disregarded for buildings which are totally protecte~ by this type of system. In the same vein, it seems reasonable to clarify and expand Section 10.301 (cl to allow the construction of buildings which are supplied with approved extinguishing systems (which might not otherwi s e be required) in locations where the available water supply system may no t afford adequate fire flow or where it may be economically unfeasable or impractical to augment the water system to provide adequate fire flow. This inclusion would help clarify the question of whether or not adequate fire flow is required for buildings which are totally sprinkler protected by design to begin with. Even though ISO gui delines do not require fire flow calculations for totally sprinklered buildings, the code seems to imply that adequate fireflow should be ava i lable whether or not buildings are protected by an approved extinguish i ng s ystem. This addition to the c ode would allow developers more flex i bility in designing medium to large structures in established areas where the upgrading of existing water systems may prove more costly than protecting the structures themselves. It will also give local Building and Fire Departments the flexibility to offer alternative methods for bui ldi ng protec t i on, other than on s i te water supplies which must provide required fire flow for total bui l d ing wet-down. Ex c erpts from the ICMA Publication "Municipal F ire Administration", Copyr i ght 1967. Co nnections to Public Wat e r Sy s t ems (pages 110-112) "Pr i v ate fire connections do not add in a ny wa y to the deman ds on the public water system. In fact , p rov ision of p r ivate fir protection f ciliti • results in a re- d uced potential d mand on the water system because the possibility of l rge fire is greatly reduced. Every ffort should be made, therefor , to encourag th in- st l l ation of thes f cilities." "Mo re th n 96 per cent of 11 fires J.n sprinklered building• are extJ.nguished, or held in c h eck , by th operation of such systems." I • • - • • Englewood City Council Page Six • • • "Remarkable results have been obtained by using automatic sprinklers in extinguishing fires. It is estimated that about 100 billion dollars' worth of property in the United States is protected by automatic sprinklers, and that the fire loss on such property is not more than 10 per cent of what it would have been without sprinkler protection. The annual saving in insurance premiums is often sufficient to pay for the sprinkler system in a few years. If the prop- erty owner does not want to use his own money to install an automatic sprinkler system, there are several finance companies which will pay for the equipment and spread the payments over several years to conform with the savings in insurance." Charges for Private Fire Connections "Fire protection engineers believe that there should be very little, if any, charge for supplying water service to private fire protection facilities consisting prin- cipally of sprinkler equipment, because the general pub- lic benefits from the increased amount of private fire protection promoted by the liberal policy." "The water supply demands of private fire connections are much less than the water which must be provided for public fire protection facilities. Every time a building is sprinklered, the potential demand in case of fire, from the public water system is reduced. If every building were sprinklered the fire demand on the systea would be only a fraction of what it is when most buildings are not sprinklered." I • • n - • • • • SE CTIO N 111 PROCEDURE FOR NE EDED FIRE F~OW 300, No, l -'Ole method of determi n i ng t he Needed Fi r e Flow is not expec t e d to necessarily provide an adequat e value for lum ber ya rds, petrol e um storage, refineries, grain e le vators, and la rge c he mical pl ants but may indicate a minimum value for the s e ha ~a r d s , No, 2 -If a building is rated or coded a s automat i c sprinkler pro- tected do~ determine a Needed ~ir~ !!OW for it, No, 3 -When a floor is only partially protected by automatic sprinkl e r s ~onsider the floor as nonsprinklered. 310, No, l -'Ole Construction Factor Table is provided to ISO personnel as an aid in determinin& the Const r uction Factor (C .) for a buildin&, It is intended that the tabular values be used with&ut interpolation, The Table uses the "Effective Area" of the subject building. See pages 307 to 310 for examples of calculating the Construction Factor I o (Ci). No, 2 -When division walls have all openings protected by an automat i c or self-closing labeled Class A fire door, the effective area of a floor will be lim i ted to the max i mum area within the division wall s, When division walls have all openings protected by an automatic or self-closing labeled Class B f i re door ,the maximum area on any floor used to determine the Effective Area shall be the largest undivided area plus 50% of the second largest undiv i ded area on tha t floor, Example s: 10,000 SQ , ft . 10,000 5Q , ft . V-2 ver1 1col openan 95 2 2 The Effective Area of one floor• 10,000 1q, ft, The Effective Area of the buildin& • 10,000 + 1/2 (10,000) • 15,000 sq, ft. 10,000 sq . ft. \ 10,000 SQ ft. V·2 v rt ,col open1n9, 8 2 2 The tffective Area of on floor• 10,000 + 1/2 (10,000) • 15,000 • • ft, Th• Effective Ar•• of the bu i ldina • 15,000 + l/2 (15,000) • 22,500 ,q . Ct, -301- • I • • • • - Englewood City Council Page Seven 3-2-2 (4) Section l0.309(b), page 44, ALL OCCUPANCIES EX- CEPT GROUP R, DIVISION 3 AND GROUP M. Add the following paragraph as item 5: In all buildings which are 50 or more feet in height (as defined in Chapter 4 of the 1982 Uniform Building Code) or which comprise more than f our stories irrespective of height. (a) The following specific changes, modifications and amend- ments are hereby made in the provision of the Uniform Building Code, 1982 Edition, herein above adopted: (4) Section 1807(a), page 110, SCOPT. Delete the last sentence and replace with the following: Such buildings shall be provided with an approved automatic sprinkler system in accordance with Section 1807(c). (5) Section 1807(1), page 114, AREAS OF REFUGE (COM- PARTMENTATION) ALTERNATE. Delete entire section. (6) Section 3802(b), page 583, ALL OCCUPANCIES EXCEPT GROUP R, DIVISION 3 AND GROUP M. Add the following paragraph as item 5 : In all buildings which are 50 or more feet in height (as defined in Chapter 4 of the 1982 Uniform Building Code) or whic h comprise more than four stories irrespectiv e o f height. CLARIFICATION: Section 10.309(b) of the Uniform Fire Code and Secti on 3802(b) of the Uniform Building Code are identical i n scope and word i ng, and are therefore both included in discussion of this proposed change. Section 1807(a) and 1807(1) of the Uniform Building Code are imp acted by the requirement for sprinkleri zation which i s proposed for the previ ously l i sted s ections, and theref ore are also included fo r discussion in this sec t i on. RE ASO N: Th e Englewood Fire Oep rtment suppression con tingent , presently mann ed between 1 7 and 20 personnel on any giv en day , does n ot h a v e the manpower resources to tfectively att ck and contain l rge fires wh ch may occur n buildings which e x ceed tour (4) stories in height . The logical w y to prevent large scale destruction of Engl wood 's c omme rcial and resid ntial t x bas is tor quire that newly construct e d mid -ris nd high-ris b u ild i ngs contain th ir own built-in fire protecti on . W rr n Kimb 1 , uth or of Fire Attack. 2 , at tea th t "effect i v e handli n g of fir 11 with manually ppli d hoae atre is l imited to 25 ,0 0 0 c ubic f e et . Be - yond thia, a fi r ia v ory lik. ly to d v elop into a mu ltiple larm job." • I • -• • • Englewood City Council Page Eight The request for sprinklerization of buildings in excess of four (4) stories is designed to provide maximum protection for building occupants as well as greatly reducing the risk of injury to firefighters and the prospect of total building destruction in the event of fire. Given the size of the City Fire Department, this appears to be a conservative amendment to the Code. The following reference quotes from texts and journals will provide an in- dication of the value and cost-effectiveness of fire sprinklers and their potential benefit to our business and residential community. "Fire is a major national problem. During the next hour there is a statistical likelihood that more than 300 de- structive fires will rage somewhere in this Nation. When t hey are extinguished , more than $300 ,000 worth of property will have been ruined. At least one person will have died. Thirty-four will be injured, some of them crippled or dis- figured for life." "Appallingly, the richest and most technologically ad- vanced nation in the world leads all the major industri- alized countries in per capita deaths and property loss from fire." Causes of America's Fire Problem "While genuine economic problems often stand in the way of deeper investment in fire protection, lack of under- standing of fire's threat helps to account for the low priority given fire protection." "But indifference exists where it is least excusable." "Designers of buildings generally give minimal attention to fire safety in the buildings they design. They are content, as are their clients, to meet the minimal safety standards of the local bu i lding code." "Indifferent to fire as a national problem, Americans are similarly careless about fire as a personal threat." "The Commission reconunends that local governments make fire prevention at least equ 1 to suppression in the planning of fire department priorities." "Excellent fire prot ction -for x utomatic extinguishing syst ms -li grasp, nd certainly li s within th communiti s to provide." 1 , in th form of within technic 1 s of most "Most import nt, consider tion of th se matt rs makes cl r th t fir safety is r spon sibility shard by the public nd priv te sectors. Bee us the fir d partment cannot pr vent all fire losse s , form 1 obligations fall on owners of certain kind s of buildings to h ve built - in fire prot ction." • I • • Englewood City Council Page Nine • • • "There is little incentive to invest in fire safety. Clients of building designers, to the extent that they think of fire safety at all, believe fire is a small risk in the future of their building. Or they judge that potential losses are adequately covered by their insurance policies." "The two most important codes from the standpoint of fire safety are the building code and the fire pre- vention code. Typically, two-thirds to three-fourths of the provisions of a building code apply to fire safety, as do all the provisions of a fire prevention code." "The Commission recommends that, as the model code of the International Conference of Building Officials has already done, all model codes specify at least a single-station early-warning detector oriented to protect sleeping areas in every dwelling unit. Further, the model codes should specify automatic fire-exting- uishing systems and early-warning detectors for high- rise buildings and for low-rise buildings in which many people congregate." "Records of more than 120,000 fires show that 96 per cent are extinguished or satisfactorily checked by sprinklers. Usually but a few heads will open to control the fire. In more than two-thirds of all sprinklered fires fewer than five heads open. Usually, except in areas of high piled storage, all that is needed to complete xtinguishment of fire out of direct reach of sprinklers is use of extinguishers or small hose." All the above quotes are excepted from the 1974 Report of the National Com- mission on Fire Prevention and Control established through the Fire Re- search and Safety Act of 1968. The Past "During th t n y ar1 fro 1877 to 1888, th total number of fire, w thout automatic 1prinkler1 preaent had been 759, cauaing 1011 of $5,707,000 or $7,500 per fire. Th tot l of th fire, w th auto tic apr nklera pr sent h d been 2061 the loaa, $224, 0 or $1,0 0 per fire. Th significance wa1 in th relative v rages of the losses per fire. Cle rly, 1prinkler1 could d pen d upon. So far s inatall tion co1t1 w re cone rnad, the• could be mat with increa1in9 es since insurance coat• w nt down a1 1011 experi nee improved. In th r c ory Mutual Syst m, for axample, while more n re r nkl re be ng installed, th co of insur nca ro 30 cents per $100 in 1875 to our or !iv r $100 in juat th rty years .• I • Englewood City Counc il Page Ten The Present • • • Today, of course, automatic sprinkler systems are commonplace in industry. And they are a~so protect- ing many public and commer c ial buildings of importance. They are the standard, recommended main line of de- fense against fire -needed wherever there are c om- bustibles in construction or in occupancy. Every day , as sprinklers somewhere prevent fire from reach- ing destructive proportions, they demonstrate again and again that they can make the difference between a minor interruption in operations and a prolonged or permanent shutdown." Excerpted from November 1974 Fire Journal, Jack Rh o d es , V.P. Factory Mutu al Research Corp. "How large a fire attack force is needed to handle a ma j or fire in a high-rise building that is not completely sprink- lered? There is no universal answer to that question, of course. Nevertheless, the fire in Los Angeles' 32-story Occidental Center Tower office building showed that a large fire even in a well-designed, but, only partially sprinkler ed, building might require a n attack force of mammoth proportions . "This fire emphasized the magnitude of fire-fighting oper- ations needed t o c ontrol a f ire of major p roportions in a high-rise building. If the building had been equipped with an automatic fire suppression system, it is doubtful that the fire would have reached the magnitude that it did." "In addition, an automatic s uppression s y s tem would have eliminated the need for s uch a massive f ire-fighting attac k f orc e. In smaller commun ities , wh i ch cou ld not muster a large suppression group , a fir e supp res s i on system would be needed to effectively c ontrol a high-rise f ire o f this mag- n i tude." Ex cerpt ed from Septembe r 1977 Fir Journal , James K. Lathrop, NFP A Fire An lysis Specialist. Sprinkler System Performance "NFPA st tistics indicate th t utornatic sprinkler systems establish d an effici ncy r cord of approx imately 96.2 per- cent satisf ctor y performance in the United Stats during th 45 years between 1925 and 1970. This p rforrnance record w s derived from d tailed records of 81,4 25 fires th t took place during that p riod." "In thos firs in which utomatic sprinkler systems w re un- successful , the princip l reasons w re, (l) clos d wat r control valves, (2) obstructions to sprinkler distribution , and (3) only partial protect on of occup nciel by sprinkler syst " • I • Englewood City Council Page Eleven • • - Table 2.1. Sprinkl er Performance Summary for Selected Occupancies* OCCUPANCIES Re1idential ............................. . Auembly ............................. . Educational ............................. . lnatitutional ............................. . Office ...................................... . Mercantile ............................. . lnduatrial Beverages, euentoal o,la .... .. Chemic.I• .......................... . F,ber products .................. .. Food products .................... . Glen products ..... . Leather. leather products .... .. Metal, metal products .. . ...... . Mineral products Paper, paper products .......... .. Rubber, rubbor vroducts ..... . Textoles-manufacturong .... .. Toxt1lo1-1>rm.:m,,i.11lu Wood produc11 ...... . ........ .. M1acellanoou1 mdu1ilt1os ..... . Total (lndustro~I I ............. . SturDtJO Occu11 ~nc,o• Other Occuvancooo Total (All Occupancio,) TOTAL NO . OF FIRES 1,073 1,551 24 1 305 494 6.237 543 4,147 539 2,484 519 2,864 9.807 394 7,147 1,489 16,119 6.577 5.353 9 ,013 66,945 4.rno 4 19 81.475 TOTAL U NSATIS · FACTORY 48 52 20 12 13 176 64 198 25 133 23 114 305 19 234 61 291 127 492 265 2,351 375 87 3.1 34 TOTAL SATIS- FACTORY 1,025 1,499 221 293 481 6.061 479 3.949 514 2.351 496 2,750 9,502 375 6,913 1.428 15.828 6,400 4.861 8,748 64.594 3.785 332 78.791 TOTAL SATIS· FA CTORY PER · CENT 95 .5 96 .6 91 .7 96 .1 97.4 97 .2 88 .2 95.2 95.3 94 .6 95.6 96.0 96.9 95 .2 96.7 95 .9 98 .2 98 .1 90 .8 97 .1 96.5 91 .0 79.l 96 7 Ex cer p t e d f rom the t e xt "Automa t ic Sprinkler & Standpipe Systems", John L . Bryan , Copyright 19 76 . Automatic Sp rink ler Sy s t ems "Auto tic sprinklers are dev ices for a u tomatically distributing w ter upon fire in sufficient quantity eith r to extinguish it entirely or to prev e n t its spread in th v nt th t th initi l fire is out of range of, or is of a type th t cannot b completely e x tingu ah d by, water diach rg d fro~ sprinklers ." sprinkler protection h lp d dev lop modern induatr l , co rcial, nd mercantile practices . L rg reaa, high buildings, h zardoua occupancies , l rg v lu a , or many people in one fire r tend to d velop cond tiona which can not be tol rt d without utomat cf x d fire prot ction. I • • Englewood City Council Page Twelve • • • "Automatic sprinklers, properly installed and main- tained, provide a highly effective safeguard against the loss of life and property from fire. The NFPA has no record of a multiple death fire (a fire which kills three or more people) in a com- pletely sprinklered building where the system was properly operating, except where an explosion or flash fire where victims were killed prior to the system's operation." "In many situations, however, sprinkler protection is required by law for specific parts of the building only. Partial systems are not cost effective. Should the fire start remote to the system, it will have no effect on the growing fire. Should the fire burn into the protected area, it will generally have developed sufficient intensity to overpower the sprinklers, thereby wasting water needed by the fire service to fight the fire." "A properly installed sprinkler system operating in a timely manner will generate less water damage than the later application of hose streams by the fire service. Sprinklers are not hampered in their oper- ation by smoke or heat as is the fire servic. Sprinklers can apply water efficiently and pr0111ptly to the seat of the fire ." Economics of Sprinkler Protection "In addition to the protection g inst d atruct on of property values and interruption to busin ••, th savings in insurance costs often make th xpenditur for automatic sprinkler protection a sound business investment. Many buildings do not have automatic sprinkler pro- tection because the per dollar cost of th protection has appeared unjustifiably high to th building owners in relation to the value of the building. Savings in insurance premiums alon could in numerous cases be adequate to finance, over a few y rs time, the installation of automatic sprinkler protection . Of equal importance are th many building code "trade- offs "that are allowed when sprinklers are installed. These trade-offs permit an increase in undivided area and often less fire resistance for th building con- struction, and ther fore less construction cost. No value can be placed on the life safety aspects of total sprinkler protection or the s curity occupants feel when such systems are inst lled." Excerpted from Section 17 of th 1982 NFPA Handbook, revis d by Robert M. Hodnett, P.E. • I • • - • Englewood City Council Page Thirteen • • • SPRINKLEIIS IN HIGH-RISE BUILDINGS, M.USACUUSE17S To NFl'A ((rum Juhn J . C'.ullioa., Public llcl:otio,,. Officer, lk,.tuu Vire l>.:11•rhncnl)1 'J'lw "'"'' JIJ73 11,;i/l uo ,l,mm iu ,,1,:,,""'' 11101110,11 for the no,. tou Fire: /J,•11t1rtmm,1 fur 111 lt·m•I mw "'-''U A·i1,,:ui/icu,,, rt·u~w,. 'l'I,,, "lli.:h-1Ci4c' .'i1uiukln JJi/1," /1111,,·r,•,I IJu IJo"tcm 1"ir,• Com- 1111 .. 1u11,·r '"""'• JI. K,•llv 111ul Clolc/ of D~1 Hut11"'"' Ccvruc II. l'u11/, '""" /iuullu ,•,,uct,·d. 'J'l,r 11ro11l•lm1, of tl,I"· hill mmle tlw im·t"ll"ti,m of j 'JJT/11- l,,:l,•r• mm11/11tor11 for "" lmi/,li,11,!4' iu ,\/11~m:lw1ctl.1; oocr 10 fcl'I In lwliilot ool,crc co,utn,ctlon bc11i111 u/tcr Morel, I, 1074 . It 11IM1 m,u/r Alu,u..,,c:Jm*''II•· tlU' fir6t Mt1tc • i11 thu 1wtim, lo /w oe: ,, /,ii/ ,dwr,:l,11 nil N"t:h l,i~/1-riic lmilt!Ju1.:4· mu~t imtu/1 u c.·mu- ,,/,•tc · •U•lt·u, of 1111/omulic: ,.,,,;11!·/t•r,.., \.\ 1lw11 tlw I,;// u·u•· uri1,tir,u/lv ,~c,I untl rcacl""' //,c Cuu- <:r11t1r•, tll'.k for I,;. ,1·i,:nu1,,,,., llu• Coucruor 1>4•/,>ctl ii. II ,ua, lllf•ff, u/ ccu,r,1·,•, ~·ul IHu·k tu ""' //m,~,· c,f /f,·1m•,1t •11tt11ioo1, m•,•,/111,: 11 1,n,-1/,;r,/,1· rol,• lolul ill ,1r,h•r lo ouc:rrfrfo 1/,u w·tu . Tlw 11,,u"" ,,,,,,.,1 111 uo>,•rrkl,• 1,v u wtu u/ 2<>I to II. Frum 11,oni ii 11 ·,·111 lu tlw S1u1,· Sc:,...,,,., wlu:ru II": wlu lu uw:rridc: wa, 3~ tu 3. 1-'rmu lltn iu/orumtivu ,,~,·in'tl from "alt/ timer•" i11 tho Slulo IA ·~Wultlft', thix 1£:U• 1/,c /.:f(.'tltc:,1/ ,,l,,rulilu u/ l)U/('• ill UV<,'f• rHli,.u u Gm:,.,,,.,,·. cwtu in tl,c hialuru u/ tlu: lc,:iilt1l111c! \1 1 ,• iu 1/w """'"" J.'ir,· 1>,·1tit1rtm,•111 U.:t'"' 1J/n,,.,.,I hcuoml Wf.lff/,1 iu Vf •i111,,t flb/t• IU JiUU U rule: i,, //,CJ C:IUl(.'/1111,..'U/ u/ illC/i 811 i1u1mrt11111 1111v11t1re fur life 641/<:IIJ . I • • In • • - 10.307-10.309 UNIFORM FIRE COOE (d) Lo<ation or Stations. Stations for operating any manually operated fire alarm system shall be placed immediately adj ace nt to the telephone switchboard in the building . if there is a switc hboard , and at such other locations as may be required by the chief. lnstallatlon of Fixed Fire-protection Systems. Stt. 1!.308. (a) General. All fire.extinguishing system s required in this code or the Bu1ldmg Code shall be installed in accordance with the requirement s of this article . All fire hose threads used in connection with fire~xtinguishing systems shall be Nat ional Standard hose thre ad or as approved by the fire department. (b) Appnl'-als. All fire~tinguishinJ sy terns, including automatic sprinkler systems. Classes I. II and Ill combi ned standpipes, Halon systems and other special automatic e,tingui shing sys rems and basement pipe inlets shall be appro,ed and shall bc s~bjcct to periodic tests as may be ~uircd . A cond ition of •PPfO'-al for all required Halon systems shall be satis fac tory passage of a full discharge test prior to fin al acccp1ancc of the system . 'The location of all fire fNSf.t1 ITEM 0 1912 EDITION 10.309 inches . Such openings shall be accessi ble 10 the fire dcpartme n· ', ·'"" 'c : exterior and shall not be obstructed in I manner thal fire fighting or n::scuc cannot be accompli shed from the exterior. When openings in a Slory arc prov ided on only one side and the opposite wall of such story is more than 75 feel fr om suc h openings , the story shall be provided with an approved automatic sprinkler system . or ope nings as specified above shall be pro,,idcd on al least two sides of an exterior wall of the story. If any portion of a bascmrnr is located more than 7S feer from openi ngs required in this section, the basement shall be provided with an approved auomalic sprinkler system . 2 . Ar the top of rubbish and linen chutes and in their terminal rooms . Chute s cxtcndin1 through three or more Ooors shall have additional sprinkler heads installed within such chutes al alternate noon . Sprinkler heads shall be accessible for servicing . 3 . In rooms where nitralc film is stored or hand led . departrncnr hose connections shall be approved by the chief. 1*' !, . (c) ~tioas. Fo.. the purpose of rh is article. the definitions of STANDPIPE ---->~'· In protected combuSliblc fiber storage vaults as defined in this code . (c) Croup A Omlpuda. I . Nlptc:htbs, discos. An au toma tic sprinkler system shall be installed in rooms primarily used for entertaining occupants who arc drinkin1 or dinin1 and unscpanted accessory use s where the rocal area of suc h unscparaicd rooms and assembly uses exceeds 5000 square fttt. For uses to be considcttd as separated, the scpar11ion shall bt not less than as required for a one - hour occupancy scparacion . 'The area of other uses shall be included unless separated by II least a OOC·hour occupancy separation . SYSTEM . ARE DEPARTMEJl,'T HOSE CONNECT ION and AUTO ~ATIC ( ~l ' ARE-EXT IN GU ISHING SYSTE~ arc as set forth in Anicle 9. (d) 12ndards. Firc~tingui hmg s~ terns shall comply "irh U B C Stan· dards Nos . 38 -1 and 38-2 . EXCEPTIO'.lo : I Au1omaddire-,,'1 i•1u1sh1n1s)'>ltm.no1r"'t...Sb) U 8 C S1...Svd No 38· 1 or 31 ,2 shall b< •Pl""'td and IMU!ltd "' .-conlanrt ••di lpptO\ td SI...Sards. ~ Aulomal ic sprinllcr S) ,1tm. ml) be <on-ltd 10 lilt donw>I "*' "'f'PIY main "htn app,oY<d by tht dutf, I""' Kltd tht dorntiur ,...., wpply "o( .....,_ p,nsurT. capaci1y and sizin1 fordlt rombtnod clomntic and spnnl<ltr mJVllffllffll• lo such , .... lilt 'f'Onkltr 'l "•m <onnectlOII •II be modt bet....., lht public •-.icr ""''" or mtltr 111d lht bu11d1n1 Wlloff olYC , llld dwr< "'"be lftlt........, \ahH or Cono«IIOM l1,c fir< dtpar1tntfll _,.., 1tltd •hn IJ'PO'td b) lilt r,,. dtpanmtnl Automatic Fl,-xtlngulshlng Syst ms Stt. !0.309. (1) \\"hfft lttqul"4. An tornatic rme-c~rin1uishin1 system hall be instl.lled 1n the upanciH and location as set forth in 1hi s«lion. For special provision on hlUtdou chemic Is and masnc ium, and c lcium carbide, sec Sections 10 JOI Ind 45 208 and Articles 41 , 49 and 80. (bl All OttupaMIN p1 CNNp R , OMslota J m CNNp M. ccp1 ror Group R, Oh i Ion and Group M Occupancici, an automatic ,prinltler ,y tem shall be in 11Jled. « I. In every stOC} or bascmtnl of all bu1lchn1s ,. hen the floor aru exceed I 1quarc fed and there is not pro•ided II le st 20 feet of optnin1 entirely -c the ld,01111n1 l")Und level in each 50 lineal ~ tor frxt thereof Of Uterior v.111 ia lhc IOI) o, mrnl on al le ide of the bu1ld1na Opcninp hall hl\c I min um dimrn ion ol' not le 1111n lO • 2 llaRfflftlts. An auroma1ic sprinkler system sha ll be in !ailed in basement dauir.ed as I Group A Occupancy when the bascmtnt is brier than I SOO square feel in Ooor area. 3. Exhibltloa and display rooms . An au1orna1ic sprinl.ler ,ystem shall be installed in rooms dassirlCd as Groop A Occupa ,es v.hich hl\e more than 12 ,000 1quarc feet of Ooor area v.hich can be used for exhib11ion oo d1 play purposes 4 . Stairs. An aulomaric sprinkler sy tem shall be installed in enclosed u ble space btlow or o•cr a s1airw1y in Group A . D1vi ions 2. 2 I , 3 ind , Occupancies . S. Other llftllS. An aitomatic sprinkler system shall be lnsralled in pccinc of Group A Occupancies as follows : Under the roof and pid1ron , in the tic Md fly &llleries and ln all places behind the proscenium wall or r c ; over ncloled platfonns in exccu o( SOO oquare rec, in area ; Ind In drc 1n1 room , ~ and storerooms ac:c:essory 10 such sta or enclosed plati . EXCt:nlOP. : I. Sc-,a or en<lood pl•f°""' open io 11w llldttonum tlvlC or -aldn. 2 Akn, pulpill or ainul.v plllform• lftd thtw IOI") ). Sta .. pldin)M whtn lidt·1"-all s,,w.kr> ,.idl IW raltd held bll'llo plllta lR ln Slllled .......t d,c tflllle ptriawttt o( the...,.. 111M 30 lllchn below die • aor -lhln 6 lncllH be die - ( • • • 1812 EDITION 3802 Automatic Fa-tlngulahlng Sy ... ma Sec:. 3802. (a) Where Required, An au1om.11ic firc-cx1inguishing sySlem shall be iM&allcd in lhc occupancies and loca&ions ;as ,c1 forih in lhis ..:clion . For special provisions on haurdous chemicals and m.igncsium, and calcium carbide, 5CC lhc Fire Code . (b) All Occupanda Except Group ll, OiYbiwl J anll Gruup M, faccpl for Group R. Division J and Group M Occupancies, an aulomlllic sprinkler sysiem shall be i1151allcd : I . In every llory or basemen! of all bu1ldin1JS when lhc floor uu exceeds 1500 sqllU'C feel and lhcre is ROI provided II k:»120 square reel of opcninll enlircly above lhc adjoinin11 KJ'OUnd level in e11eh 50 lineal feel or frac1ion lhcrcof or alerioc wall in lhc 11ory or baicmenl on a1 least one side of 1he buildina . Opcninp shall have a minimum dimens ion or ROI leH than 30 inches . S11<:h opcllinp shall be ""'5iblc lo lhc fire dcparimcnl from lhe exlerior and i.hall ROI be obo1r11<:1Cd in a n1;111ncr 1lia1 rare fii;h1in~ or re,cue caMOI be scomplilhcd from lhc exacrior. When opcaillp ill a 11ory arc pnwided on only one side and lhc opposue wall of such IIIOr)' is more lhln 75 feel from SIICh openings, lhc Slory shall be pnwidod wilh an approved aulOmalic •prinklcr sy.iem, or opening, a, spocifiod above shall be provided on II lcUI two sides or an exterior wall of lhc IIIOry, tr any poriioa or a balemcn1 is loca&cd mon: lhiln 75 feel from opcninl)s required in lhil sce1ion. the basemen! shall be provided with an approved aulOfflllic: sprinkler ,ywcm . 2. Al lhc top of rubbii.h anll lincn chuic, anll 111 1hcir 1erm1nal room.. Chulc• ca&clldiaa lhrou&h 1hrcc or more /loon i.h.&11 h:ivc additional sprinkler head5 imtallcd wilhin such chull:> lll :ilicrnaic /loon . Sprinkler head• shall .,.. be ICCCNiblc ror 1C<Vicin11 . I M s~R. I 3. In l'OOIIII where Mr.lie film 1> Mon:d or handlcll . ,TEI"\ )I, 4. In prolOCIOd combu111blc fiber ilOra,c v-.. ~ a. defined ill iK Fare Code . ii= S ----.(c) Group 4 Omipucles. I . N......-, diKol, An~ .priaklcr I • 1y11Cm llhall be inolalled in ll>Olm primwily uM:d for cn1Crta11u111 occupuu who f 7 ) an: clrinltinl) or dinina and un..:paraled KCQIOI')' UICS where lhc IO&al an,a of SIICh UIIICp;i,alCII -and aucmbly UliCI caccccb sooo square (CCI . For -IO be considcm.l aueparlllcll, lhc >epallllion shall be 11111 lc,, 11un a• l'l."qu1rcd for aonc- hour ~upancy SCparallOII , The area o/ ocher UICI wit be included UAlcsl Kp;i,alCII by al lc»l one-hour O(C:UpallCY SCpilr ... lOII , 2. 8-11. An aulOfflllic $pl'lnklcr 5Yl'Cffl .aall be 1n.i.illcd an bucmcn11 claNirlcd u a Oroup A Occupucy whc11 lhc ba.emcnc 1, larscr 1han 1500 square rce1 1,i floor area . 3. £.ulW&M u4 llilplay ..-. AA illlWlllllli.: .pnn k:t ,y.wm >h.111 be IMlallcd in ,_. cla»iflcd u Group A 0caipaM wh h 1111 more than 12,000 Mjll.W r.-.:1 l>f llwf ..r\:.1 WhM.'h ~.Ill be U~.J lut t:AlllbtllUCI UI' 11i,pl.1y purpl)6CS , 4. Slain. AA IIIIIOfflat .pn lcr ,ywcm .twll be in>1.11l~ 1n cnck>ocll u.ablc • I • • • • • 1I04-1107 UNIFORM BUILDING CODE permanent par1i1ioR1 iO that 1hcrc i, no communicauon under 1he Ooonn& be1w.:c:n Olljuinina; rw11111. EXCt71'10N: l'in: .. oppina IICCd noc be provided m ,uch llOOR wbea a1 or below arldc: level in SYrnnuiUffll , Sec, 1105, Stain and ,1air plalfonni ,hall be coniUU<:lcd of n:,nforccd con- crete, iron ouu:cl with ll'Cad5 and rilcnof concn:IC, iron or ilCC:I. Brick , matblc , liJc or ocher hard noncombuiliblc IIIIICriab may be u5Cd for lhc finiih of iUCh IIUda 111d IUCR , Stair& ihall be dc5i~ and CORIINClcd u ,~ificd m Chapter 33 . Roofs Sec. 1806, Roof, 111d lbcir membcn other than lhc MIClural frame more than 25 foci above any floor, balcony or pllcry may be of uoprol«led noncocnbulul>le fflllCrial,. Heavy limbct mcmbcn in accordance with Section 2106 may be u5Cd for~ UllpnllCCl,Od member& in onc-lllory buildinp. Wbcn C""Y pan of Ille lill\lCIUl'II fruncwori of 1hc roof of a Group A or E Occupuicy is AOC lcu than 25 foci above any Ooor, b;ikony or i;allcty, fire prolOCtion of all mcmbcri oflhe roof CORilNClion inclu<lini; lhoiC oflhc iUU<:lural frame may be omi11C\1 . llcavy limber member& in ;ii:,'Ul'Juncc wuh Section 2106 may be u5Cd for iUCh unprolCCIOd member& in onc-.iory bu1IJ111a;1 . Wlicn: every p;ar1 of 1lic 11NC1Ural •1e:el f r.uncwork of 1li.: roof of a Group A or E O..-cu1,;ui.:y i• more: than 111 fc.:t anJ le .. than 2S C.-ct uhovc uny Ooor, bukony or pllcry, the roof COCllill\lClion ihall be pro1cc1Cd by a ccili ni; of not le .. 1h11n one - ._,. fm:-rc1illivc IXllllill\lClion . Roof covcrilla wll be fuc-n:lilldant roofllli u 11~1fl.:.l 1n SccllQll 3202 (b). Speclal Provlllona to, Group 8, Dlvlalon 2 Offico Bulldinga and Group R, Dlvlllon 1 Occupenclea Sec. 1¥07. (•) Scope. TI1i• .c.:1ion ,hall apply 10 all Group 13, Oivi•ion 2 orficc builJini:• unJ Group K. Oivi•ion I Occup;incic:•, c;ii:h huvmi; Own u.w for human occupancy localed more than 75 f1:e1 ubuvc Ilic k>wl:M level of fan: department vehicle 11.ecu. Such buildana, wll bo: pruv1'1cJ with ..._ 1111 apfll'O¥Cd IIIIOmallC •pr1nldcr ,y,1em in acconbncc with ScctiQII 1807 (c). _.... •-•fnhaa•t• ; 1 )a cu J asdoliuuacc i•tt7tl). (b) Cmllkale el Occtipucy. All mechanical and ckclrical equipment and other n:.juin.,J hfc ...rc1y •y.i.:11a. .ii..u bo: appruvcJ .uiJ 111>1.ilk:J III llC\:ordance wilh app,vvccl pianl anJ 1pCC1faca1-. ~ to 1111• .c;:11011 and iball be ICilod 111\J pt0WJ 10 be Ill pr11t1cr WU0.111 ,'OliJIIIOII Ill 11"' •• ,u.r,..,uon of lhc buildlA)I official before 1-of the Ccr11ficillc or ~up;ancy. (c) A...-lc Spri,lklcr Sywcia. Wli.:o pruviJ.-J ... tc<jum:J III Scc111111 I II07 M, lhc: 111111111.1111: .pnnl.lcr •y.i.:111 >h;all be pnwiJ.'\l lhNui;hou1 the bu11J111;. The •pnnl.lcr ,y.icm llhall Jca.tll"'-'11 11•1111 the p,or~ui.:1cr. .cl forth an U .8.C. Slaodud No . 31-1 11111 lhc: follow1AC , I • Sbutoff valva Md a _,. flow de K:C wll be fl'O'iadcd for each floor. Tbe 110 • I • • • - 1807 UNIFORM BUILDING CODE standby lighting and nonnal circuits supplying exit signs and exit illumination shall be uansfcrablc to the standby source . 2. Staadby Uehling. Standby lighting shall be provided as follows : A . Separate lighting circuits and fixtures sufficient to provide light with an intensity of not less than one footcandlc measured at floor level in all exit corridors, stairways. srnokcproof enclosures, elevator cars and lobbies and ocher areas which ate clearly a part of the escape roulc. B . All circuits supplying lighting for the ccnual control station and mechan- ical equipment room . 3. E~,ieoc,y syslftm. The following ate classified as emergency systems and shall operate within 10 seconds offailure of the normal powcrsupply: A. Exit sign and exit illumination as required by Sections 3313 and 3314 . B. Elevator car lighting . (j) Exits. Exits shall comply with other requirements of this code and the follo,.ing : I . All sta.iN-ay doors which ate to be locked from the stairway side shall have the capability of being unlocked simultaneously without unlatching upon a signal from the cenual control station . 2. A telephone or other two-way communications system connected to an appro,ed emergency service which operates continuously shall be provided at noc less than every fifth floor in each required stairway where other prov isions or this code permit the doors to be locked . .. \ 114 • 0 1912 EDITION 1807 side of the wall to the other and arc so maintained . The fire Joor sr · • as the exit between compartments shall be so instal •. ..,sJ """ 1 gasketed Iha! it wi · a substantial barrier to the o smoke . 5. The fire-resistive floor or -cei lin ction shall extend to and be 1"11:LE.~ tight again51 the exterior wall so that ." ivc integrit~ ~twcc_n stories is YI--maintained. No penctralio er installauons 111 1m~11 the lire - resistive inlegrit or floor-ceiling assembly shall be d. 6. A ,rc alarm system (pull boxes) shall be installed in accordance · . . . Slalldard No . 18-1. (m) A.......ic Spriakltt System All~matives. When a complete approved automatic sprinkler syslem complying with this section is installed in a building. the following modifications or code requirements arc permitted : I. The r,rc-resistivc time periods set forth in Table No . 17-A may be reduced by one hour for interior bearing walls, exterior bearing and nonbearing walls . roofs and the beams supporting roofs, provided they do nOI frame into columns Vertical shafts other than stairway enclosures and elevat or shafts may be reduced IO one hour when sprinklers arc inslallcd within the shafts at alternate noon . 2 . Except for corridors in Group B. Di,·ision 2 and Group R. Division I Occupancies and partitions separating dwelling units or guest rooms. all interior nonbcaring partitions required to be one -hour !irc -rc sisti1 c construction by Table No . 17-A may be of noncombustible construction without a !ire-resistive time period . 3. Fixed tempered glass may be used in lieu of oixnable panels for mole control purposes . ,. Travel di~c from the most remote point in the floor area to a horizontal exit or IO an enck>Kd stair,.ay may be 300 feet. 5. 1llc manually operated fire alarm system required in the compartmented building is not Rqll~-.. 6 pa,,drcl walls , eyebrows and cornpartmentation arc !IOI requ ired . OO"e•er. !ht rirc rcsislana or lhc floors nd Juncture or exterior ,.-aJJs wirh each floor must be maintaillcd . 7. ,re dampen . other than those nttdcd to protect Ooor-cc1hng a scmbhu IO maintain the fire rcsuunce or thc assembly. arc !IOI requited except for those "'hich may be ne« sary to bypu smoke to the outside , those provided to con~ crt from recin:ulated air 10 100 percent outside air. and those "hich may be required to protect lhc fresh air supply intake against smoke ,.h,ch may be oumde the building . I . Emergency windows required by Section 1204 arc !IOI required 115 Englewood City Co unci l Page Fourteen • • • 3. Several changes and code "re-writes" in certain areas of the 1982 Uniform Fire Code provide enhanced quidelines which are not present in the 1979 Edition of the U.F.C . Below is u brief synopsis of these changes, taken from the 1982 Analysis of Re- visions to the Uniform Fire Code, which is published by the I.C .B.O. to e xplain r evisions to the newly published c odes. Article 10 Sec. 10.206 . A clear >p;ice of 3 feel around lhc circumference of a fare hydr,01 1s now required unless the chief mi1igate> the requ11cmen 1. Sec. 10.207 (a). A >cnlcnce has been added rcqumng 1hc in>IJIIJUon of a cum- around area for fire apparatu, 10 el iminate backing ou1 of JO accc» road in ex ec» of I.SO fee, in lcni;1h . Sec. 10.207 (0. If an accc» way include, a bridge for li re Jpp.tr,llu>, ,, mu,1 meet the design cntcri.i ofth.: Bu1ldini; C<><k: and the 1mpo.cd lo.w,. Sec. 10.209 . When accc» to a >lructurc or area,, undul y doffoc ult. J .. key bul " wnh key s mu,1 be provided for u,c by 1he fire dcp.,nm.:0 1. Article35 A new article on covered malls reaulatina unoccupied tenant spaces. combusu- blc contenu. decorative materials . liquid· or a.is-fueled equipment and prov1din11 for control of aucmbliCJ of persons within the mall has been crutcd 10 ensure the 5afety of the occupanl5 . In ilddilion, display 5truc1urcs in excess of 4 feel in width mu5t be also proccctcd by .in .iutomatie firc-cx11n;u1ShinQ sy stem . Artlcle36 This article has been created ou1 of lhe dry-cle.in1n; rcqu1rcmcn1S on Ame le 79 . It rc1ul11es dry cleaning w11h noncombu,11ble hquocb and " 1rca&cd scpar.ie ly from dry clun1n1 wuh flammable or combusu blc h u1ds which arc rc11ula1cd 1n Article 79 . Article 75 The encore amclc on cryo; n,c fluid• ti... been rev,.cd 10 1ncorpon1c 1hc l.11c>1 tl\10 1nc 10 prov1d1n for lhc ~fc h.,ndl1n;. >tor• ,lftd U>C Of >UCh Oun.I>. Article 79 Th, cn11r ""'cl has be n rcform.tll d , rcvo.cd Jo.I bro.td n .I h no include the requirements formerly found in U.8 C lJnd.m.l , o 1>·1. \loh,chh.i> been deleted from the Uniform Bu1ld1n • Code StJndard• In Jddmon , u ha. been closely h ncd wuh FPA o . 30 (FI Jmmabl nd Combu,11blc Lo u,d,). It ho1> be n so oraamzcd that pro rcuaon throuah the ar11 I bc,,n• ..,,,h minute .omoun 1s nd ar du tc to l.ir11cr amounl> of flamm.1blc Jnd ombu>Ubl hqu1d, All use, d10pcniln& nd m1a1n; h•• be n concentrated ,n 01v1>1on VIII . A rw:w d1Y1 ,on on the tora; of flammabl and ombu,ubl II u1d• on f.1rm, ;1nd con lt\lCllon proJ Cl> h.i, been on ludcd Th article ha, be n ,'On'clatcd with 1hc Un, om1 Bu1IJ1n~ Cude much of the confu ,on on the ,, •nd u of 0Jtnm~b h Ulll>. • ) I • - • • Englewood City Council Page Fifteen • • • Article85 Thi s llrticlc h., been cre.ated 10 bnni; 10~~1her 1hu•e 11cm• dealing wilh electrical wiring and u.c pcr1incn1 10 fire prcvenl ion in>pcc1ion,. It clarific, and Ji515 thoic i1Cn11 dc.iJing wich clcclrical problems . h eliminates Scc1ion 11 .404, Eb:1rical Wiring, and Section I l .40S, Electrical Appliances . Article86 This article on pesticides was originally going 10 be a division of the article .on hazardous m111cnals bu1 was considered impor1an1 cnou~h 10 be listed as a scparaic article . h provides for the s:afc storaie and h;andling of all manner of pcwicidc,. h require, prcplannini; for erncr,cncic, and po>l·firc m.m;ii;cmcn1 . These changes or additions to the 1982 Code Edition are results of new technical insight into fire safety techniques (pesticides, cryogens, dry- cleaning), attempts to make national standards such as NFPA pamphlet #30 and Article 79 apply in a uniform manner and common sense requirements for more efficient fire department operation. (Article 10) • I • • - • • Englewood City Council Page Sixteen • • • 4. The attached supplemental information contains the complete texts of the appendices to the main body of the 1982 Uniform Fire Code which are proposed for adoption. These appendices have not been adopted in the past, but contain fire safety pro- visions and guidelines which are essential for reasonable appli- cation of the total provisions of the 1982 Uniform Fire Code. The appendices proposed for adoption are: a) Appendix I-B, STAIRWAY IDENTIFICATION b) Appendix II-B, PROTECTION OF FLAMMABLE OR COM- BUSTIBLE LIQUIDS IN TANKS IN LOCATIONS THAT MAY BE FLOODED. c) Appendix III-A, TEST PROCEDURES FOR FIRE EXTING- UISHING SYSTEMS d) Appendix III-C, FIRE ALARM SYSTEMS • I • • - ~ \ • • • • 11182 EDITION APPENDIX 1-8 STAIRWAY IDENTIFICATION 1. PURPOSE APPENDIX 1-8 The purpose oflliis appendix is to provide information to the occupanu and fire department personnel 10 ensure thal thcy do nOI become confused durin; crncr- JCQCics, by requiring 1h11 il&Ddardizcd signs be installed in stairways 10 inform Ille UICI' whidl Slair landina he is on and the upper and lower tcrmillllion of the llairway. ".,_. 2. SCOPE '-· The provilions of thil section shall apply 10 new and existing buildings four or IIIOl'C ltories in bciaht , 3. SIGN (a) Tbui&n shall be a minimum 12 inches by 12 inches . (b) 1bc llairway loQlioo shall be p!Kcd II the IOp of the sign in 1-inl:h-hiah block lcacriaa wilh v .. inch suokc ("Slair No . I'· or "WCil Slair' '). (c) Tbcs&airway's upper 1aminuuhall be placed under the stairway idcruifica- tioa in 1-iDcb-hiah blocklc&tcrina wilh v .. inch WOkc ("roof 11XCu" or "no roof _ .. ). (d) Tllo Door lcwl number shall be placed in the middle of the sian in S-inch- bip lcacriaa wilb ¥ .. inch suokc. The mezzanine lcwb lhall ~ the lcucr "M" precediq Ille floo, number. 8ucmcn1 levels shall ~ Ille lcucr "B" pnccdin& Ille Door DUlllbcr. (e)Tbc lower and upper terminus of the stairway shall be placed II lbc boaomof die lip in 1-iach-hiah block lcUcring wilh 'A-inch wokc . (I) Tbac 511115 shall be main&ained in an approwd manner. Eua,le: : WEIT ITAIII M1 I-inch x Y•-inch --1--· 82 THROUGH 24 Al'NNOIXl4 UNl'OIIM Ml cooc llllldla ITMl3 r AOOl'ACCUI 6 12 UIChel 1 1 THIIOUGH 12 I • • -· , ... • • • • 11112 EDITION APPENDIX ll·B APPENDIX 11-B PROTECTION OF FLAMMABLE OR COMBUSTIBLE ....__. LIQUIDS IN TANKS IN LOCATIONS THAT MAY BE FLOODED "--· 1. GENERAL Pipe cooacctions below allowable liquid level in tanks shall be provided with valves or cocks localed u closely u practicable to tank shell . Such valves and their c;onncctions and fittinas to tbe tank shall not be of cast iron . 2. ABOVEGROUND TANKS (a) Vertical Tuu: I . No abovc&!Ollnd verUQJ storaae tank containing flammable or combusti- ble liquid shall be so localed that the maximum allowable liquid level within tbe tank is below the esiablished maximum flood stage. unless the tank i, provided with a 1uidin1 suucture such u described in Secuon 5 of thinrticle . 2 . Except at locations where there i5 an ample and dependable public waicr supply available at and below the established maximum flood ,ia,e, facilities independent of public water supply shall be provided for loadina partially cmpcy tanks with water. 3. In addition to the pm:cdina rcquiremcn11, each tank so located that more than 70 percent, but leu than 100 percent, of ill allowable liquid 51oraae capaclly will be submcr&ed at the csiablishcd maximum flood •iai;c .hall be ufeauardcd by one or the followina methods : (i) 1uak shall be railed or ill heiaht shall be incrcalcd unul in top cJUcndi above the maximum flood s1a1e a diSWICC equivalent 10 30 percent or more of ill aJlowlblc liquid 5IOl'lle capacity, provided, however, that the submerpd pan or the tank ihall not exceed two and onc-laalf time, the diamclcr; or, (ii) A$ Ill altcnlllivc IO the fOR101n1, adcqualC noncombustible strue· 1ural 1uidcs, deli&ned to permit the tank to float vcniully without lou or proclucl, 5balJ be prov ,dcd . (b)~'IMIII: I. lndcpeodcnl WIier wpply fac1h11Cs slaall be provided at loo:auons where there is no ample and dcpeodablc public Water supply available for loadin& panially emp<y tanks with waicr. 2 . Each hoNolllll tank so localed tha1 more than 70 perccnl of 111 siora1 capacity will be sllbmersed II tbe emblishcd maxlmwn flood 1111e ihall be secured to a concrete or steel and ~n:tc fow1da11on of wfficaent wciaht 10 produce adcqualC loldlns or tank when filled with rlammllble or cornbuluble hquads . 3 . Special provision shall be provided 10 equalize the internal and cxtcmal pn:uwc• on inc 1ank so a 10 pre n1 deformation or the I and rcliUIIAnt cxpullion of flammable or cornbusublc hquad . J17 • I • • • • - APPEND IX 11-B UNIFORM FIRE CODE (c) Other Types o('Janks . Spherical and spheroidal tanks shall be prO!ected by applicable methods as specified for either vertical or horizontal tanks. 3. UNDERGROUND TANKS (a) Underground tanks containing Oammable or combustible liqu ids at loca- tions where there is an ample and dependable water supply available at and below the maximum Oood stage and so installed that more than 70 percent of storage capacity will be submerged at the maximum Oood stage shall be loaded with concrete or Olhcr approved loading material sufficient to prevent movement of the tank when filled with Oammable or combustible liquids and submerged by Oood waters . (b) At locations where there is no ample or dependable water supply, the tank shall be loaded with concrcte as above required and, in addition, there shall be provided an emergency liquid supply which shall be sufficient to fill the tank du ring Oood stages . (c) Where loading of underground tanks with liquids is impracticable bcca1sc ( ( of the character of their contents or their use, eac h lank shall be safeguarded against movement when empty and when submerged by Oood waters by loading ( with concrete or other approved solid loading malerial . Each such tank shall be so construcled and installed lhal it will safe ly resisl external pressures due to Oood waters . (d) In addilion to the foregoing requirement , the capacity of each new tank installed shall be rcslrictcd to not more t~n 3000 &allom. When installed, but ( before backfilling. tank and fittings shall be 1c sted for tichlnc II not lcs than S pounds per square inc h . Grealer 1es1 pre ss ures may be required by the chief ,.hen tanks arc subject to s ubmergence in excess of 30 feet . (e) Where tanks arc not designed to resist external pressure, special proYI ion shall be prov ided 10 equalize 1he internal and exlemal prcssurH on the tank so as ( 10 prcvenl deformation and rcsullanc expulsion o( flammable or combustible liquids . 4. INDEPENDENT WATER SUPPLY FACILITIES (a) At locations ,.here an independent er wpply Is required, ii II be cn11rely independent of pu lie ~r and er pply. Independent source of water llbeava,1 blewhcnOoodwatcrsrcachalcvclnot than IOfcct low the torn of the lowest I nk on a property. ( (b) The self-contained power and pumpin unit II be so locakd or so dcsi ncd Iha! pumpin into tanks may be carried on continuou ly throu t the ri se i.n flood tcrs from a level 10 fcct below the lowcit tank to lhc level of the pocential Oood taic . (c) Capacity of the pumpina unit shall be such Iha! lhc 1111eof risc of water n all I equivalent to the c tablisJlcd po1t11tial ~ rile o( ri of flood ( W11crs&1 y taic . (d) h indcptllOOlt pu I be tcd ic iuati f ory opcnona "' ( ( ( ( ( ( 1982 EDITION APPENDIX ll·B 5. STRUCTURAL GUIDES (a) Struct ural guides for holding noating tank above their foundations shall be so designed that there will be no resistance to the free rise of a tank and shall be constructed of noncombu sliblc material . (b) The strength of the sl ructurc shall be adequate to resist lateral movement of a tank subject to a horizontal force in any direction equivalent to not le ss than 25 pounds per square foot acting on the projected vertical cross-sectional area of the tank . (c) Where tanks arc situated on exposed points or bends ;n a shore line where swift currents in Oood waters will be prcscnl , the structures shall be designed to with stand a unit force of not le ss than SO pounds per square foo . 6. SAFE PRACTICES (a) Waltt Loading: I . The filling oh tank to be prO!ected by water load ing sh all be started as soon as Oood waters reach a dangerou s Oood stage . The rate offilling shall be at least equal to the rale of rise of the Oood waters (or the c s1a blished average potential rate of rise). 2. Sufficient fuel to operate 1he water pumps shall be available at all times to ensure adcquale power to fill all tanks with water. 3. All valves on connecting pipelines shall be closed and locked in closed position when -•r loading is completed . (b) Floallna Tanks : I . ~r~ structural _guidcs are provided for the prot cclion of noa1ong tan s. all naid conncctKlflS between tanks and pivclincs shall be disconn«tcd before the flood walcrs reach the bottom of the tank, unless control valves and their connections to the tank are of an approved type of cxtra-hca y construction de i&ncd to prevent breakage between valve and tank . 2. All valves attached to I s Olherthan those used on connection with tcr- lciadina operation hall be closed and locked 3 lh tank is equipped ,.,th asw1n1 hnc , lhc ,,. ing pope hall be raised to nd SCCllrcd II its ho heit pos1toon 7. INSPECTIONS The chief I make period ' in peclions of all plants v.herc the ton c o( lwnmable or combu to le lo uids i uch a to require compl, nee with the fmaoing rcquittments in O<dcr IO a urc the followina · (1) Thal all Oammablc or st,ble liquid toraac t nk arc on cornpli nee with lhesc requirement and so maintained . ( (b) Thal clctailcd printed in ruction o( '""" to do in flood cmer encie are .-,ropctly po5IN . (C) 1~1au11tion opcra1 nd other cmpl clcpcndcd Upclft 10 carry OUI uch IR thorou Y nfonned I 10 the IOII nd t iOft f IUCh and other ulpmcnc to effect the int nt or the se rcqu, ment 311 \..... • • • 1912 EDITION APPEN DIX Ill-A Division Ill TESTING FIRE-EXTINGUISHING SYSTEMS, INSTALLATION OF BASEMENT PIPE INLETS AND FIRE ALARM SYSTEMS APPENDIX lll•A TEST PROCEDURES FOR FIRE-EXTINGUISHING SYSTEMS '-1. TESTING '-- (a) Tcsu ohyslcmS or device, herein regullled ihall be conducted II lcu1 every five years . 'Jcau II iboncr illletVal, may be required when an inipc<:lion by lhc chic( iDdicalCI lllll lhcrc i, reuon lo believe that the ,y,tcm or device would fail to opcra1e property in an cmcracocy. (b) The tall Cilabliabed by lhi, regulat ion , when requ ired , shall be conducted by a person qualified lO perform lhc full tcw1111 proccdllrc for lhc particular 5YIICal or device bein& tc5tcd . (c) Tbe chief 5ball be notified ll lcut one workina day an advance of the pcrformua of any required '"'· The JIUIPI* of lhil DOUflCllion is lO allow a rcpracalllivc of Ibo rue dcpanmc111 io willlCU lhc COllducl of lhc tcit. (d) Al lhc cooclusioo of each tcil . the chie f shall be DC111racd of any fire· pnllDClioll cquipmc111 lhat wu dclennincd to be inopcnblc . (c) WIien it is dclcrmimd lbal lbe r,re-pruccction oquipmcnl i, operable , lhc -or bil apu lhall ccnify ill ~lion lO lhc chicfin wntin&, (f) The followin& lillad rue bolc '®DCClions m1111 be equipped wilh American Nllional Standard hoM-couplin& screw threads u 5PCCiraed in NFPA Sllllldard No . 1963 , "Slanolard for Screw Thn:ait> ....i Gwc11 for Fite H-, Conncc:uoru. 1979 ." Thac conaeaiom shall be lalcd with Oo ud No-eo pau u spocifacd in SlaAdud No . 1963 or with rauJnas approved by 111c clllcf. (i) All rare dcparunc111 inlet 1:01111CCU0111 on lll40alllic: iprinklcr 1yilem&. Dry IIWlpipe ,r-. combiDllion llllldpipc ,ys1em1 1111d rclripnat dis· cbltac•Y-· (u) All rue clcparlmc,ll owct connccUOOi on dry lllalldpipc ,yilem& and c:ombillMion IIWlpipc lyMCffll , ucuno : Wbac IIM4ord r1n1 bole llvud& will r11 Ille U1i1111J ou11c1 ...... (iu) The roof oullcll of-llllldpapc ,yw:ma . (&) Al l ruedcpan,MIIC Ullcll and ou:lcu 1111111 be equipped walhapproved plu OfClpl, 2. TUT PROCEOURU FOR AUTOMATIC IPfUNKL£R SY TEMS (a} laddlliw. Oiec bKkllow inlet con~ from lhc hcc vc 10 the Ullcl t:OMCCIIOIUI follow1 : w • I • • -• - APPENDIX Ill-A UNIFORM FIRE CODE (i) By disas sembli~g the check va lve or by blocking the check val ve open so th at lhe water w,11 backn ow out of th e fire department connections . (ii) Chec k valves wi1h linings in the check valve on the dry side of the system . ( Connect to these fittings and bac kflow the system from the check valve to the fire department conncciions . (b) Flow lest. Open the test pipe valve at the topmost or most distant location from the main control valve of the system. . °!>"n. the main drain valve . Note pres sure gage readings with valve open . This w,11 md,cate closed valves or obstruct ions in wa ler-s upply lines . Note operat ion of the water now alarm when the te st pipe valve or the main ( drai n valve is opened . The test pipe va lve mu st be opened to act ivate the alarm in an elec tri cally actuated system . Test elec tric alarm devic es by mean s of the te st swit ch or conl ac t . (c) Cage Tests. A test gage shall be connected at the test gage open ing in order to test !he re li abil ity of existing gages . (d) N_otifkation. The concerned agencie s mu st be not ified when a supervised Q-~~-( (e) Dry Systems. Automatic sprinkler sy ste ms other than wet system s shall be te sted as required by the chief. 3. TEST PROCEDURE FOR STANDPIPE SYSTEMS (a) ~ Standpipe. ( (i) Flow lest. Determ ine that the syste m and its water su pply will meet one of the followi ng stand ards according to the date of its in tal wion: Test gages hall be used to mea ure re idua l pre surcs and a recogn ized method shall be ~~ to measure water now quantities . The requ ired -er flow must be m 1nta,ncd for II least 30 seconds from systems suppl ied by st.rce1 mains or ( gnvity tanks and II least two minutes from sy terns su pplied by booster pumps or pressure tanks . Systems instal led prior to 1948 shal l have residual pressures of not less than 8 psi ac the topmost outlet on each ri- whcn 20 gpm is Oowi ns from the outlet . ystems installed from 1948 to 1959. inclu ive . shall have residual pressures of not le than 12 PM ac the topmost outlet on each riser v.hcn 5 s,,m i flowl na from the outlet . _)"i.lcms in tailed from 1960 to cu tive date of this resulaaion ihall have ( re ,dual pressures of not less than 15 p i III the topmost outlet on each riser when 35 pm Is nov.ina from that outlet . Sy$1ems installed from effective dale of lh ls rcplation to prcsenc shall have re ,dual pre ssures of not les than 25 psi at the topmost ou tlet on each riser when 35 epm i n ina from each o( ,,.-o outlet on lhat ri r imukaneou.s ly. (11) n•lty INk su pply. lf lhc sy$1em supplied by aravily tank . determine ( that the .. tomatic filli ns S)stem opcrwcs. (111) ure tau supply. Determine thar llllomat fi llina systems •'* v. n flow lCSI l conducted Cbcc air pre sure and -er-wpply appan- lU •here Installed . • ( ( ( ( ( ( ( 0 19l2EDITI0N APPENDIX Ill -A (iv) Outlets. Check eac h outlet for signs of corrosio n and _leakage . Check for the in stallation of an approved press ure -rcdu cmg device at out lets where the residual pressure will exceed 70 psi. (v) U-. Remove hose from outlet and rack or reel. Exam i~ fu !l length of hose section for mildew. cuts. abrasions and other detenorauon. Ch ec k hose couplings , gaskets and noule for damage and obstru ctions . (b) CoablullN Systems • (i) Flew test. Aow SOO gpm through each ri se r from the _uppermost outlets. The system shall maintain a residual pressure of 60 pst at the le vel of th at outlet. Test gages shall be used to measure re sidual press ures and a recognized method used to measure water now quantities. (ii) l'lamp test . Fire pumps shall be operated at I 00 percent of their rated capacity and at pressures not less than 65 percent of th eir r~ted pre ssure for 1 minimum of 10 minutes . The pump mu st start automat ica lly when roof level now tests arc made . (iii) Outlets. Aow water from each outlet in the syst e m in a manne r that will indicate the valves arc fully operable and that there is water pre ssu re at that outlet . (iv) Hose. Remove hose from outlet and _rack or reel. Ex ami ~ fu !I le ngth of hose section for mildew, cut s, abrasions and other dctenorauon . Chec k hose couplings. gaskets and no zzle for damage and obstruc1 ions . (c) Dry Standpipe Systm1. (i) Air test . Air test the system al 2.S psi to de term ine if the system leaks . Th is is to avoid waaer damage to the bu ildi ng in eve nt that p,p,ng has been broken off or disconnected . (ii ) Hydrostatic lest . Fill the syste m co mpletely wit h wate r a_nd note the s~a ric pressure (he ad) on the tc$1 sage install ed on the lowc,1 inlet connccuon . Hydrost atically test the system II a pre~re 50 psi greater than the head pressu re . bu t in no case less t n 125 ps,. (iii) flow test. Aow 100 gpm of water through the standpipe sy tern to the roof outlet. A separate Oow test shall be conducted th!ou&h each inlet Install .• lest g cc at the inlet bein& used to measure the inlet pre ure . The max,. mum allowable pres urc lost wuhin the system due to friction shall be 15 psi . Friction loss shall be determined by sublracting the static pres urc (head) and outlet pressure from the inlet pres urc v.hilc 100 gpm Is flov.ina . (iv) Operate each outlet valve iii lhc ystem to determine that it will funct ion properly. 32$ - • \.. 11182 EDITION 1. SCOPE • • - APPENDIX 111-C FIRE ALARM SYSTEMS APPENDIX 111-C This appendix governs lbc requirements for the installation. use and mainte- nance or fire alarm sySICnu in all occupancies as specified herein . 2 . PURPOSE The purpose of this appendix is to provide a rea50nable degree of safety tlvough early warning of a fire emergen y and is predicated on the potential hazards 10 life and property evident in each type of occupancy. 3. ORDER OF PRECEDENCE In the event of any conflict between the provisions of this appendix and any rules, regulalioni, code or Slandards referenced herein, the provisions of this appendix shall 1ovcm , Where a specific provision of this appendix varies from a &CDUal provision, the specific provision .i.all 1ovem . '-' 4. DEFINITIONS (a) ALARM-ACTUATING DEVICE is any manually or automatically opcr· aced equipment which, when activaled, initiates an alarm tlvou&h an alarm- indicalin& device . (b) ALARM-INDICATING DEVICE is any equipment lhal producei an approved alann sipal. (c) ALARM SIGN AL is an audible or visual signal, or bolh, indicatin& the cxiSICnce of an emer1ency fire condition . Audible devices may be bells , horns. chimes, spcakcn or similar devices . Voice alarms and their mcssaaes shall be approved by the chief. Visual devices may be contiRIIOWi or pulwina li&hts, fla&s or other visual indicalon, as approved by the chief. (d) ALARM SYSTEM is a combination or approved compalible devices with the necessary electrical intcrcOMCCtion and encr&Y to produce an alarm sipal in the CVC1ll or fire or syACm activation . (el ALARM SYSTEM CLASSES AND TYPES, Alarm systcnu arc divided into the rotlowin& clwcs ud typca : ca-: ClaN I, Actuauon or any AIIIOmali<: or manual device inatiatcs a continuous or pulsatin& alann on all alaml-i11dicalins devices in tbc buildin& until manually l'CSCI . Cius ll. Actuauon or any automaai<: or manual dcvM:C inmaacs a continuous or pulUlins alarm on all alann-,ndM:alins devM:CS III tbc budd111s until manually reset and ldc1111fics on an annuncl&IOC' the zoae rrom whM:h the alamt sipal '-=,/ oriJinaacd . Clau lll . Actuat,on or any automatic or manual devM:C 111111 a zone-coded al arm 11s11al throu&hout the bu1khn1 and klc1111ric~ on 1111 annunc1:11or the zone from wluch the alarm i&nal on11nated . • 0 I • • • - APPENDIX 111-C UNIFORM FIRE CODE Class IV. Ac1u,1ion of any au1oma1ic or manual device ini1ia1es a zone-roded alarm signal 10 selected areas of 1he building and identifies on an annuncia1or 1he zone from which !he alann signal origina1ed . ( Types: Type A. An electrically supervised fire alann sysiem insialled in accordance with the provisions of Unifonn Fire Code Standard No . 10.2 . Type B. An elcclrically superv ised fire alann sysiem ins1alled in accordance with the provisions of NFPA S1andard No . 72B-l 97S. Auxiliary Protec1ive Signaling Systems . Type C. An electrically supervised fire alann system installed in accordance ( wi1h lhe provisions of NFPA Slandard No . 72C-l 97S. Remote Station Protective Signaling Sysiems . Type D. An electrically supervised fire alann sys 1em installed in accordance wi1h the provisions of NFPA S1andard No . 72D-197S. Proprie1ary Protective Signaling Sysiems . Type E. An electrically supervised fire alann sysiem insialled in accordance with the provisions of NFPA S1andard No . 71 -1977, Cenlral S1a1ion Signaling Sys1em . ( (f) ANNUNCIATOR is any equipment which indicales the zone or area of a building from which an alann has been iniliated, the location of an alarm- ac1ua1ing device or the opcralional condi1ion of alarm circuits or the syslem . ( (g) APPROVED means approval by 1he fire chief as a result of 1nves1igation or 1es1S conducled by him or by reason of accepted principles or rests by national au1hori1ies, 1echnical or seien1ific organization . (h) CODED IGNAL is an alarm signal or voice alarm which con i lS of not less than lhrcc complcle repeti1ions of1he 1ran~mission . (i) CONTROL UNIT is a unit comprising the controls, relays. switches and associaled circuits necessary to (I) di trfbu e pew.er to a fire alarm sy tcm, (2) receive signals from alarm-actuatin& devices and transmit them 10 alarm-indic•· in& devices and accessory equipment, nd (3) electrically s.upervise the system circuitry. The control UDll may be contained in one or more cabinet in adjattnt or remote location as ppro cd by the chief. (j) ELECTRI ALLY UPER I ED FIR ALAR I STEM i a sy tern de i&ned 10 transmira iroubluignal 10 n appro,cd loc•ion for any conditoon th• prevents lhc required operation of the fire alarm system or f ilure of ii main power source . (k)OC PA . Y LA IFI ATI N.SttScction9.117 . (l)TROUBL IGNAL I 1d1sli llld, lcandvisual ignah•hichindCMC an bnormal condition of the S)'Sl(m bcin (m) ZO E i I buildina or I dcfincd chief for purposes ofidcn1ifyi111 • approved by the fire 5 . DESIGN REOUIAEMENTS (1) Cffltnl. 'Nbtn miuircd y Ck fire ier. all 111formMioo required by 328 ( ( ( • ( ( ( ( ( ( 0 1982 EDITION APPENDIX lll·C section will be prepared by qualified engineers. specialim, laboralory or fire · safety specialty organizations accep1ablc to !he chief and 10 !he owner. (b) Equl,-nt. Fire alann equipmcnl. devices and sys1ems shall be approved for their in tended purpose . (c) Acceptance lHts. Upon completion of a sysiem, a satisfac1ory 1cs1 of !he entire installation shall be made in the presence of !he chief. (d) I1151allatloa Ccrtillca(lon. Upon completion_ of !he ins1alla1ion. 1he con · tractor shall provide wriuen ccrtifica1ion to the chief tha1. !he ~y 1cm has ~en installed in accordance with !he approved plans and spcc1ficat1ons . Dcv1 a11o ns from such plans and specifica1ions shall not be pe'?"iucd except ~ilh t_hc approval of the chief. When required by the chief, drawings and spcc1fica11ons of any permitted deviations, including wiring locations. shall be submiucd to the chief. (e) Opttatlng Instructions. Wriuen operating ins1ructions arc to be provided at an approved location. 6. POWER SUPPLY All required fire alann syslcms shall have an approveJ secondary power supply which shall be capable of operating the entire system for not less lhan 24 hours under nonalarm conditions . Upon inlcrruption of !he normal power, the sys1cm shall be autom•lically transferred 10 the secondary source of power, and full po"er shall be obtained within 60 seconds of transfer. Exccpc as otherwise specified . !he secondary source of pov.cr ma) be one of 1hc follo11,ing : (i) Gcncralors (ii) S1oragc baucrics (iii) Scpara1c electrical service from the normal service (iv) Scparalc subslations of the same clcc1rical service When acncrators arc provided they shall be served by a fuel supply sufficicn1 to opente the sysicm as required by thi section 7. MANUAL ALARM-ACTUATING DEVICES (a) Manual al rm ·actuatina device hall be in tailed ,n the follov.-101 local° I . OIi each Ooor of the premise in a vi iblc. accc ible position nd shall be localed in exit ways adjaccnc exit doors nd door lcadin& to uit stairs . 2 . In a1ion normally lltcndcd by re pons,blc personnel uch • mana cr"s off,cc, pardhousc, nursn' lllllons, cl (b) A muimum travel diSlancc between two devices h II not exceed fCC1 . (c) Devices II be securely moun1cd with the botlom of the device not I s than 4~ feet nor more th n 6 feet above the Ooor level. 8. Al.ARM SIGNAL SYSTEMS AND FUNCTIONS (1) When le, alarm syS1Cm att not directly tcd t 1he nre dq,artmm1 or othtr approved ncy. an appro,ed ext mal alarm device h II be 321 ( • • - APPENDIX 111-C UNIFORM FIRE CODE provided when required by the chief. When external alarms are required, an approved sig n which reads WHEN ALARM SOUNDS-CALL FIRE DEPAKT- MENT shall be installed adjacent to the external alarm devices . ( (b) When alarm systems arc noc directly connected to the fire department or ocher approved agency, an approved perm ane nt sign which reads LOCAL ALARM ONLY-CALL FIRE DEPAKTMENT shall be installed by each man - ually operated actuating device . (c) When a fire alarm system is approved for use in combination with a public address or ocher means of communication, the fire alarm signal shall take precedence over suc h ocher communication system upon activation of the fire ( alarm system . 9. REQUIRED INSTALLATIONS (a) Group A Occupancies hav ing an occupant load of 300 or more shall be provided with an approved manually operated Class IV, Type A fire alarm system . (b) Group E Occupancies having more than 50 occupants shall be provided with an approved manually operated Class I, Type A fire alarm system . ( (c) Group I, Divisio ns I and 2 Occupancies and mental hospitals shall be provided with an approved automatic smoke -detection and manually activated Class Ill alarm system orType A, 8 , C or D. Group I, Division 3 Occupancies ocher than mental hospitals shall be provided with an approved smokc-dctce1ion and manually activated Class IV alarm sy,1em ( orType A , 8 , C or D. Except for Group R, Divi ion I Occupancie that comply with Section I 7 of the Building Code, lire alarms shall be pro,idcd in the fo llowina Group R, Divi ion I 0c upancic : I . Apartment houses three or more storic in height or containing more than ( ISapartments-Cla II alann sy tcmsofT_ype A, B.Cor D. EXCEPTI0:'11 : An alarm nttdno1 be in""llcd ,n buold1n1sno10,r,1•0S1ono> 11 hrip w~ Ill 1ndmdual d••llina unit, ltt """""~ b)' • , .... --hou, r,~. m ... ivc occuponcy .. ,,.,..,.,., inchid,nc llllO and , .... 1 ,pocn. lndum lndl\id• ual d~ll•na un11 hu dirm 011 co a )-.rd"' publi<" 'I 2 Hoteb either three torics or more 1n hci ht or con1a1ning 20 or more aucst room I sll larmsy tcmsofl}-pcA , 8,CorD. The alarm S)'Slcm hall inclU<k pro, 1 ioru for c dct tion and m nu I ( opcniion 1n intcnor corridors and automatic del«tion in storage room , laundry room , fulllllCe room and similar common are 10. SPECIAL PROVISIONS (1) The requirement for fire alarm sy I m under tion 9 may be wah d n other than Group I nd Group Occupancies of the buildina i prolccted by n •~ sprinkler sy iem conformina to U 8 C tandanl No . 38-1 ,.ith shu10ff ( val~und water now device uperviscd I pmcn in 'fy 8 , C, D nd E llrc 1lann ysiem . (b) All rlR !arm t m u. II be In t lied 1n h • manner thal the failure o( 330 • ( ( ( ( ( ( ( 0 1912 EDITION APPENDIX 111-C any single alarm-actuating or alarm·i"'!icating device will n()( interfere with !he normal operation of any ocher such devices. . . (c) The fire chief may waive the requirements as ~t forth m S«11on 7 (a) I , (a) 2 and (b) for alarm systems in A, E and I Occupancies . '(d) The annunciator and control panel shall be installed in a local ion approved by the chief. 11 . EXISTING BUil.DiNGS The provi si ons of this appendix shall apply to existing conditi??' as well as !o conditions arising after the adoption thereof, cx~pc t~al cond1toon legally . in existence a1 the adoption of this •ppe.ndi_x and ~ '? slnct comphance therewith shall be pennittcd to continue only 1f, in the op1n1on of the chief, they do not constitulc a distinct hazard to life or property. 12. MAINTENANCE OF SYSTEMS All fire alarm systems shall be maintained in accordance wi1h Section 10.302 . 331 • • • • BY AUTHORITY 7 · j ORDINANCE NO.~~~- SERIES OF 1982 A BILL FOR COUNCIL BILL NO. 64 INTRODUCED BY COUNCIL MEMBER /2;J:J ,~-, FOR AN ORDINANCE AMENDIN G TITLE XV, CH AP TER 4, SECTION 9(a) (6) RELATING TO METHOD OF BILLING CUS TOMERS FOR SE WAGE TREATMENT. WHEREAS, all customers of the City 's sewer system are billed in advance; and WHEREAS, the reference in the Code is only to inside users being billed in ad vance; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF TH E CITY OF ENGLE WOOD, COLORADO , AS FOLLOWS: Section 1 . Title XV, Chapter 4, Section 9 (a) (6), is amended to read as follo ws: (6) Charges for service to customers inside the city limits shall be billed in quarterannual installments in advance. Charges for sewer-only service outside the city SHALL BE BILLED IN ADVANCE ANO may , at the discreti on of the finance director , be billed annually where this would not conflict with special provisions of a connecto r's agreement. All bills are due and payable as of the billing date and become delinquent thirty (30) days after the billing date. Introduced , read in full, and passed on first reading on the 6th day of December, 1982. Published as a Bill for an Ordinance on the 8th day of Dec mber, 1982. Attest: Eugene L. Otis, M yor x officio City Clerk-Trea urer I, Gary R. Higb , ex officio City Clerk-Treasurer of th City of Engle wood, Color do, hereby cer ify th t th abov and for oing i tru , ccur te nd compl e copy of Bill for an Ordinanc , introduced, red in ull, and p ss don first re ding on th 6th d y of D c mb r, 1 82. Gary R. Higbee • I • • - . \ \ • • • • C O U N C I L C O M M U N I C A T I O N DATE AGENDA ITEM SUBJECT Sewer Billing -Outside Customers December 1, 1982 Gary R. Higbee , Director of Finance I n<\ ~ INITIATED BY L.,X...\} /,:::,'~ ACTION PROPOSED~A~p_p_r_ov_e~C_o_un~c_i_·1~B_i_·1_l~N_o_.~6_4~~~~~~~~~~~~- • BACKGROUND: 15-4-9 (a) (6), EMC directs that inside sewer bills will be paid in advance. The Code is quiet on whether or not outside sewer cus- tomers will be billed in advance. Outside sewer customers have al- ways been billed in advance. The City occasionally receives in- quiries about this policy. The City employees dealing with these inquiries do not have any authority to quote in the Code to back up the advance billing policy. CONCLUSION: Recommend that City Council pass Council Bill No. 64 which includes the necessary wording to give the City authority to bill ou side sewer customers in advance. • I • • • • ORDINANCE NO. SERIES OF 198~2~~~ • • • BY AUTHORITY A BILL FOR COUNCIL BILL NO. 64 INTRODUCED BY COUNCIL MEMBER 44.d4lia.u) FOR AN ORDINANCE AMENDING TITLE XV, CHAPTER 4, SECTION 9(a) (6) RELATING TO METHOD OF BILLING CUSTOMERS FOR SEWAGE TREATMENT. WHEREAS, all customers of the City's sewer system are billed in advance; and WHEREAS, the reference in the Code is only to inside users being billed in advance; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. Title XV, Chapter 4, Section 9(a) (6), is amended to read as follows: (6) Charges for service to customers inside the city limits shall be billed in quarterannual installments in advance. Charges for sewer-only service outside the city SHALL BE BILLED IN ADVANCE AND may, at the discretion of the finance director, be billed annually where this would not conflict with special provisions of a connector's agreement. All bills are due and payable as of the billing date and become delinquent thirty (30) days after the billing date. Introduced, read in full, and passed on first reading on the 6th day of December, 1982. Published as a Bill for an Ordinance on the 8th day of December, 1982. Attest: Eugen L. Otis, Mayor ex officio City Clerk-Treasurer I, Gary R. Higbee, x officio City Cl rk-Treasur r of th City of Englewood, Colorado, hereby certify that th bove and for going is a true, accurate and complete copy of Bill for an Ordin nc , introduced, read in full, and passed on first reading on the 6th day of December , 1982 . Gary R. Higbe • I • • - • • ORDINANCE NO. SERIES OF 198=2~~- • • - BY AUTHORITY A BILL FOR COUNCIL BILL NO. 65 INTRODU~D BY COUNCIL MEMBERC)jt~,µ,j, FOR AN ORDINANCE APPROVING THE TRANSFER OF REAL PROPERTY TO THE CITY OF SHERIDAN FOR THE USE AND BENEFIT OF THE CITY OF ENGLEWOOD. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEW OOD , COLORADO, AS FOLLOWS: Section 1. The City Council of the City of Englewood hereby approved the transfer of real property to the City of Sheridan, Colorado, according to the terms and conditons of a special warranty deed set forth herein as follows: SPECIAL WARRANTY DEED This Deed made this day of , 1982 between the City of Englewood, Colorado, a-coTorado municipal corporation with City Hall at 3400 South Elati Street, Englewood, County of Arapahoe, State of Colorado, 80110, hereinafter "grantor", and City of Sheridan, a Colorado municipal corporation, with City Hall at 4400 South Federal Boulevard, Englewood, County of Arapahoe, State of Colorado, 80110, hereinafter "grantee"; WITNESSETH, that the grantor, for and in consideration of TEN DOLLARS AND OTHER GOOD ANO VALUABLE CONSIDERATION, to the grantor in hand paid by the grantee, the receipt whereof is hereby confessed and acknowledged, has granted, bargained, sold and conveyed and by these presents does grant, bargain, sell, convey and confirm unto the grantee, its heirs and assigns forever, the following real property situate, lying and being in the County of Arapahoe and State of Colorado, to wit : A 30-foot wide strip of land adjacent to the North right of way of West Oxford Avenue described as follows : Beginning SO feet orth and 36 feet West of the Northwest 1/4 of the Southwest 1/4 of Section 4, Township 5 South, Range 68 West of the 6th Principal Meridian, Ara- pahoe County, State of Colorado; thence East along the North right of way of West Oxford Avenue 1985.3 feet; thence North 30 feet; thence West 1985.3 feet: thence South 30 feet to Point of Beginning . • I • • • • - The grantee hereby covenants and agrees that the real property conveyed hereby shall be held and used for public recreational purposes, together with such other uses, including but not limited to, access (ingress and egress) to the multiple use recreational facility developed by the City of Englewood abutting the real property conveyed hereby and for public parking of vehicles. Together with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertainin~. and the reversion and reversions, remainder and remainders, rents. issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever, of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD, the said premises above bargained and described with the appurtenances, unto the City of Sheridan, Colorado, a Colorado municipal corporation, the grantee, its heirs and assigns forever. And the grantor. for itself and its successors, covenants and agrees to and with the grantee, its heirs and assigns, the above bargained premises in the quiet and peaceable possession of the grantee, its heirs and assigns against all and every person or persons lawfully claiming or to claim the whole or any part thereof, by, through or under the grantor, to WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF, the grantor has caused its corporate name to be hereunto subscribed by its Mayor, and its corporate seal to be hereunto aff i xed, attested by its City Clerk,the day and year first above written . THE CITY OF ENGLEWOOD At test : a Colorado municipal corporation City Cler k Mayo r Section 2. Th t the City Council of the City of Englewood hereby authorize the M yor of the City of Englewood to affix his signatur to he special warranty de d described in S ction 1 hereof and authoriz s the Director of Finance ex officio City Cl rk-Treasurer o attest the same. The City Council of th City of Englewood h reby u horlze the City Manag r to xecut nd th City Attorney to pr pre nd d liver thos documents n c ssary to ffectuate th purposes of this Ordinanc • 2 • I • • - • • • • Introduced, read in full, and passed on first reading on the 6th day of December, 1982. Published as a Bill for an Ordinance on the 8th day of December, 1982. 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 complete copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 6th day of December, 1982. Gary R. Higbee 3 I • • • • • - BY AUT HORITY ORDI NAN CE NO. S ERIES OF 198~2~~~ A BILL FOR COUNCIL BILL NO. 65 INTRODU C;J ~y CO UN CIL MEMBER 1 s FOR AN ORDINANCE APPROVIN G THE TRANSFER OF REAL PROPERTY TO THE CI TY OF SHERIDA N FOR THE USE AND BENEFI T OF TH E CITY OF ENGLE WOOD . BE IT ORD AINED BY THE CITY COUNCIL OF THE CITY OF ENGLEW OOD , COLO RADO, AS FOLLOWS: Sect ion 1. The City Council of the C ity of Engle wood hereby approved the transfer of rea l property to the City of Sheridan, Colorado , according to the terms and c onditons of a special warranty deed set forth herein as follo ws: SPECIAL WARRANTY DEED This Deed made this day of , 1982 between the City of Englewood, Colorado, a'"'!ororado mun,cipal corporation with City Hall at 3400 South Elati Street, Englewood, County of Arapahoe, State of Colorado, 80110, hereinafter "grantor", and City of Sheridan, a Colorado municipa l corporation, with City Hall at 4400 South Federal Boulevard, Englewood, County of Arapahoe, State of Colorado, 80110, hereinafter "grantee"; WITNESSETH, that the grantor, fo r and in consideration of TEN DOLL AR S ANO OTHER GOOD AND VALUABLE CONSIDERATION, to the grantor in hand paid by the grantee, the receipt whereof is hereby confessed and acknowledged, ha s granted, bargained, sold and conveyed and by these presents does grant, bargain, sell, convey and confirm unto the grantee, i ts heirs and assign s forever, the follow ing real property situate, lying and being in the Coun ty of Arapahoe and State of Color ado , to wit : A 30-foot wide strip of l and adjacent to the Nort h right of way of West Oxford Avenue described as follows : Beginning 50 feet North and 36 feet West of the Northwest 1/4 of the Southwest 1/4 of Section 4, Township 5 South, Range 68 West of the 6th Principal Mer id ian, Ara- pahoe County, State of Color ado ; thence East along the North righ t of way of West Oxford Avenue 1985 .3 feet; thence North 30 feet; thence West 1985.3 feet ; thence South 30 feet to Point of Beginning . • I • • - • • • • The grantee hereby covenants and agrees that the real property conveyed hereby shall be held and used for public recreational purposes, together with such other uses, including but not limited to, access (ingress and egress) to the multiple use recreational facility developed by the City of Englewood abutting the real property conveyed hereby and for public parking of vehicles. Together with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever, of the grantor, either in law or equity, of, in and to the above bargaine d premises, with the hereditaments and appurtenances; TO HAVE ANO TO HOLD, the said premises above bargained and described with the appurtenances, unto the City of Sheridan, Colorado, a Colorado municipal corporation, the grantee, its heirs and assigns forever. And the grantor, for itself and its successors, covenants and agrees to and with the grantee, its heirs and assigns, the above bargained premise s in the quiet and peaceable possession of the grantee, its heirs and assigns against all and every person or persons lawfully claiming or to claim the whole or any part thereof, by, through or under the grantor, to WARRANT AN D FOREVER DEFEND. IN WITNESS WHEREOF, the grantor has caused its corporate name to be hereunto subscribed by its Mayor, and its corporate seal to be hereunto affixed, attested by its City Clerk.the day and year first above written . Attest : THE CITY OF ENGLEWOOD a Colorado municipal corporation City Cl erk Mayor section That the City Council of th Ci ty of Englewood h reby authorizes th Mayor of the City of Eng l wood to ffix hi signature to the special warranty de d de crib d in ct1on l hereof and authorizes the Director of Fin nc ex officio C ty Clerk-Treasur r to test the same. s ction 3. The Ci y Council of the City of Engl wood hr by authorizes the City Mang r to xecut nd h City A torney o pr par nd deliv r thos docum nts n c ss ry to effectuate th purposes of this Ordinance. 2 • I • • - - • • • Introduced, read in full, and pass ed on fi rst reading on the 6th day of December, 198 2 . Published as a Bill for an Ordinan ce on the 8th day of December, 1982. 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 complete copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 6th day of December, 1982. Gary R. Higbee 3 I • • I • • • • 7L ,It;} RESOLUTION NO. rt-L SERIES OF 1982~-'-"-~ A RESOLUTION REQUESTING UNITED STATES CONGRESS TO PROVIDE APPROPRIATE EXEMPTIONS FOR MUNICIPALITIE S FROM FEDERAL ANTITUU~r LIABILITY. WHEREAS, the exposure of municipalities in Colorado and throughout the country to federal antitrust lawsuits have been greatly expanded as a result of recent decisions of the United States Supreme Court; and WHEREAS, the potential for treble damage awards and the substantial expense of defending antitrust litigation, even if successful, may inhibit municipalities from enacting or enforcing regulations which are intended to protect the public health, safety and welfare, but which also may be deemed to restric t competition; and WHEREAS, the cost to the taxpayers of one Colorado municipality in defending one of these lawsuits, which was settled prior to trial, exceeded $250,000; and WHEREAS, municipalities differ from private enterprise in that private enterprise is not charged with protecting the public health, safety and welfare; and WHEREAS, numerous protections from municipal regulations, other than treble damages under the federal antitrust laws, are available such as public notice, public hearing, public meeting and public record requirements, court review of actions, periodic elections and the rights of initiated referendum and reca ll , and the continuing authority of the state General Assembly or the people of Colorado to modify the statutory and constitutional authority of Colorado's municipalities; and WHEREAS, state legislation does not provide any certain solution to the problem and years of litigation will be necessary to decide whether any state legislation mets the test established by the U.S. Supreme Court for local government ntilrust immunity; nd WHEREAS, fed ral legislation can address the problem directly b y seeking a specific exemption from the federal antitrust laws for l ocal governments and all or some of their activiti s; and WHEREAS, local governments should not b imp riled wh n engaging in traditional local government regulatory activities such zoning, enacting nd enforcing building and fire codes, regulating the u e of public right -of-way, licens ng, franchising and the myri d of oth r regulatory activiti s traditionally engaged in by loc al gov rnmentl; l • I • • - • • • • • NOW, THEREFORE, BE IT RESOLVED BY CITY COUNCIL OF THE CITY 0~ ENGLEWOOD, COLORADO: That the Congress of the United States should act as quickly as possible to provide appropriate exemptions for municipaliLies from federal antitrust liability. ADOPTED AND APPROVED the 6th day of December, 1982. 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 complete copy of Resolution No. , Series of 1982. Gary R. Higbee 2 I • • TO: P'ROM: DATE: SUBJBCT: • • • Colorado Municipal League EC i--' ,. ,··· R . : ·-: . f:. k ,, Mayors and Managers or Clerks :~iJV l ;, 19 8c Susan Griffiths, CML General Counsel CITY MAN !1 (;1:.1{ S uff!CE 12 Noverllber 1982 EN GLEWOOD Adoption of Resolution Urging Federa l Antitrust Exemption Legislation for Municipalit ies With the recent elections concluded, now is an excellent time to urge support from our U.S. representatives and senators for federal legislation to prov i de municipalities appropriate exemptions from federal antitrust liability. A special CML COlllllli ttee of municipal officials met during the summer to study municipal antitruat concerns. The committee, chaired by Pat Aiello, councilmember from Wheat Ridge, asked the League staff to draft a sample resolution which can be adopted by municipalities urging such support from Colorado's Congressional delegation. The League's Executive Board approved the idea and a copy of the sample resolution is enclosed. Both the C:0-ittee and the Board are concerned over the increased ant itrust exposure of municipalities in Colorado and throughout the country resulting from recent U.S. Supre .. Court decisions. As you know, the League worked with interested cities and other local government associations in 1982 for adoption of state legislation to address the antitrust issues. While the 1982 state legislation waa reported out of a House co.aittee, it was opposed by various interest groups and failed to pass the full House. An interim committee of Colorado legislators voted 12-0 not to recoaaend any local government antitrust exemption legislation foe the 1983 state legislative session. Even if state legislation had been adopted, however, it would have provided little eo11fort because of the unclear and changeable nature of the federal court decisions on the aubject of local government antitrust imiaunity. Y are of litigation would have been necesaary to decide wh ether the state exe•ption legislation effectively naolved municipal concerns. Peder al legislation on the other hand, can directly and effectively addr ess municipal cone ens. At least four Colorado municipali tie• --Pueblo, Bo ulder, Aspen nd Grand Lake --already have been aued under the federal antitrust laws with total claimed damages, when trebled, exc eding $100 •illion. Boulder spent in exceaa of $250,000 defend ing ita antitrust suit and that suit was aettl d prior to trial. Aapen expecta to spend -ny thousands of dollars defending ita antitrust suit. The iaauea raised in the auita vary. Two of the Colorado c aaea involve local govern .. nt land uae regulation, one involves regulation of the uae of public righta -ot-way by a cable OOllpany, and one involves operation of a municipal airport. CaMa brought against local governMnta in other atatee challenge aany other types of local governaant action . Thus the 11unicipal expoaure to su it coaaa in aany areas and th related coats and attorney• fees c a n be great even if aucceaafully defended. Cover) 1155 Sherman StrHt. Suite 210 • D nv r. CO 80203 • C303l 831-6411 • I • • • • The Natioru,l League of Cities actively supports federal legislation in this area. While interest has been expressed by aoaae naellbers of Congress, additional •grassroots• support is necessary in this controversial area. CML and a few Colorado raunicipalitiea have contacted Colorado' a Congressional del~ation urging federal legislation. By this aeao, we encourage you to bring the enclosed ••!Pl• or a siailar resolution before your city council or board of trustees for adoption and tranaaittal to your Representative and Senator. Copies of the resolution adopted by your city or town should be sent to your Representative and Senator, at the addresses listed below, and to the League. The Honorable Gary Bart United St.tea Senator 221 Russell Senate Office Bldg. Washington, o.c. 20510 The Honorable len lr ... r Bouse of Representatives 114 Cannon sou .. Office Bldg. Washington, o.c. 20515 The Honorable Ray logov .. k Bouse of Representatives 430 Cannon Bouae Office Bldg. Washington, D.C. 20515 The Honorable Patricia Schroeder Bouse of Representatives 2410 Rayburn Bouse Office Bldg. Washington, D.C. 20515 The Honorable Willia• L . Araatrong United States Senator 1321 Dirksen Senate Office Bldg. Washington, o.c. 20510 The Honorable Ti110thy B. Wirth Bouse of Representatives 2454 Rayburn House Office Bldg. Washington, o .c. 20515 The Honorable Hank Brown Bouse of Representatives 1319 LonCJWOrth Bouse Office Bldg . Washington, o.c. 20515 The Honorable Jack Swigert 5809 s. Broadway Littleton, CO 80121 I • • - RESOLUTION NO .-1 ~ SERIES OF 1982 • • - A RESOLUTION REQUESTING UNITED STATKS CONGRESS TO PROVIDE APPROPRIATE EXEMPTIONS FOR MUNICIPALITIES FROM FED ERAL AN TITHUST LIABILITY. WHEREAS, the exposure of municipalities in Colorado and throughout the country to federal antitrust lawsuits have been greatly expanded as a result of recent decisions of the United States Supreme Court; and WHEREAS, the potential for treble damage awards and the substantial expense of defending antitrust litigation, eve n if successful, may inhibit municipalities from enacting or enforcing regulations which are intended to protect the public health, s afe ty and welfare, but which also may be deemed to restri ct c ompetition; and WHEREAS, the cost to the taxpayers of one Colorado municipality in defending one of these lawsui ts , which was settled prior to trial, exceeded $250,000; and WHEREAS, municipalities differ from private enterprise in that private enterprise is not charged with protect ing the public health , safety and welfare; and WHEREAS, numerous protections from municipal regulati ons , oth er than treble damages under the federal antitrust laws, are available such as public notice, public hearing, public meeting and public record requirements, court review of a ctions, periodi c elections and the rights of initiated referendum and recal l , and the continuing authority of the state General Assembly or th p ople of Colorado to modify the statutory and constitutional au hority of Colorado 's municipalities; and WHEREAS, state legi lation dos not provid any cert 1n so ution to the problem and years of litigat on will b to dec ide hether any state 1 gislation ets th t by th .s. Supreme Court for loca overnaent unity; and oca AS, fede ral legialat on can addr ss the proble ng a spec fie xempt ion fro the federal antitrus rn ents and all or so e of their activiti s; and directly law for AS, ocal governments should ~ot b mp riled wh n en ag ng 1n tradition al ocal governm nt r gulatory act v t aueh zoning, n aeting and enfor c ng build ng and fire codes , regulating the~ of ublic r1ghta-of-way, cena ng, !ranchis ng and the myriad of other regulatory ac iv t es trad1t onally engaged in by oca governm nts; 1 • I • • - • • • • • NOW, THER EFOR E , BE IT RESO LVED BY CITY COUNC IL OF TH E CI T Y 0 ~ EN GLEWOOD, COLORADO: That the Congress of the United Sta t es shou ld ac t a s quickly as possible to provide appropr i ate e xempt io n s f or munic i paliti es from federal antitrust liability. ADOPTED AND APPROVED the 6th day of December, 1982. Attest: Eugene L. Otis, May o r ex officio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-T reasurer o f the Ci ty of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate, and complete copy o f Reso lution No.-=llL_, Series of 1982. Gary R. Higbee 2 I • • ,., • TO: P'ROM: SUBJECT: • • • Colorado Municipal League Mayors and Managers or Clerks Nf J\I l.;, \98L Susan Griffiths, CML General Counsel CllY MAN!IGt.K 'S ufflC[ l2 Novelllber 1982 ENGlf.W OOD Adoption of Resolution Urging P'ederal Antitrust Exemption Legislation for Municipalities With the recent elections concluded, now is an excellent time to urge support frOII our U.S. representatives and senators for federal legislation to provide municipalities appropriate exemptions from federal antitrust liability. A special CML c011111ittee of municipal officials met during the summer to study municipal antitrust concerns. The co11111ittee, chaired by Pat Aiello, councilmember from Wheat Ridge, asked the League staff to draft a sample resolution which can be adopted by municipalities urging such support from Colorado'• Congressional delegation. The League's Executive Boa rd approved the idea and a copy of the sa11ple resolution is enclosed. Both the Coaai ttee and the Board are concerned over the increased anti trust exposure of municipalities !.n Colorado and throughout the country resulting from recent U.S. Supre .. Court decisions. As you know, the League worked with interested cities and other local governaent associations in 1982 for adoption of state legislation to address the antitrust issues. While the 1982 state legislation was reported out of a House coamittee, it was opposed by various interest groups and failed to pass the full House. An interim committee of Colorado legislators voted 12-0 not to reco .... nd any local government antitrust exemption legislation f~r the 1983 state legislative session. Even if state legislation had been adopted, however, it would have provided little c<>n1fort because of the unclear and changeable nature of the federal court decisions on the subject of local government antitrust i11111unity, Years of litigation would have been necessary to decide whether the state exemption legislation effectively resolved municipal concerns. P'ederal legislation on the other hand, can directly and effectively address municipal concerns. At least four Colorado municipalities --Pueblo, Boulder, Aspen and Grand Lake --already have been sued under the federal antitrust laws with total claimed da11ages, when trebled, exc eding $100 aillion. Boulder spent in exceaa of $250,000 defending ita antitrust suit and that suit was settled prior to trial. Aspen expects to spend uny thousands of dollars defending ita antitrust suit. The issues raised in the suit• vary. Two of the Colorado cases involve local 9overn11ent land use regulation, one involves regulation of the uae of public rights-of-way by a cable coapany, and one involves operation of a aunici5Mll airport, CaMa brought against locel govecn•nta in other statea challenge uny other types of local governaent action. Thus the •unicipal exposure to suit coaea in uny areas and the related coats and attorneys fees can be great even if successfully defended. (over) 1 1 55 Sherman StrNt. Suite 210 • 0 nv r. CO 80203 • (303) 831 -641 1 • ) I • • - • • • • • The Nationnl League of Cities actively •upports federal legislation in this area. While interest has been expressed by SOiie mellbers of Congress, additional •grassroots• support is necessary in this controversial area. CML and a few Colorado 11unicipalitiea have contacted Colorado's Congressional delegation urging tederal legislation. By thil w, we encourage you to bring the encloeed •!!Pl• or a aiailar resolution before your city council or board of trustees for adoption and tranaittal to your Representative and Senator. Copies of the resolution adopted by your city or town should be sent to your R.epreaentati .. ~nd Senator, at the addrea .. a li•ted below, and to the League. The Honorable Gary Bart United States Senator 221 Russell Senate Office Bldg. Washington, D.C. 20510 The Honorable Ken Kr ... r Bouse of Repreeentativea 114 Cannon Bouse Office Bldg. Washington, o.c. 20515 The Honorable Ray Kogovaek Bouse of Representative• 430 Cannon BOUM Office Bldg. Washington, D.C. 20515 The Honorable Patricia Schroeder Bouse of .. pre•entativea 2410 Rayburn BOUM Office Bldg. Washington, D.C. 20515 The Honoreble William L. Armstrong United States Senator 1321 Dirksen Senate Office Bldg. Washington, D.C. 20510 The Honorable Tillothy B. Wirth Bouse of Repre .. ntative• 2454 Rayburn Rouse Office Bldg. Washington, D.C. 20515 The Honorable Bank Brown Bouse of Representative• 1319 Loft9WOrth Bouse Office Bldg. Washington, o.c. 20515 The Honorable Jack Swigert 5809 s. Br*vay Littleton, CO 80121 • I • • • • - CI TY DITCH EASEMENT ~NT of e asemen t (thi s •Grant") is made this 0 -tA da y of 'A' ' 1 982 by 3190 CORP. c•Grantor•) whose addres s is 4285 S. Broadway, Englewood, CO 80110, in favor of the CITY Of ENGLEWOOD , COLORADO, ("GRANT EE") whose address is 3400 S. Elati, Englewood, CO 80110; The parties covenant and agree as follows: 1. Easement Propert~. The "Easement Property• shall mean th e real pr operty located 1n the County of Arapahoe, State of Colorado , more particularly described on Exhibit A, attached h re o and inco rporated herein by reference, and substantially as depi c cd on Exhibit B, attached hereto and incorporated herein by rcfer en~e, hich real property is owned by Grantor. 2 . Consideration. As consideration for this Grant, Grantee shall pay to Grantor the sum of Ten Dollars ($10) and other good and valuable consideration. 3. Grant of Easement. Grantor hereby grants to Grantee, its successors and assigns, a perpetual, nonexclusive easement (the , •city Ditch Easement•) over, under, across and through the Easemen t Property for the purpose of constructing, operating, mai ntaining, repairing, replacing, removing and enlarging the City Ditch as hereinafter defined. The •city Ditch• shall mean all necessar y surface appurtenances thereto necessary or desirable for the transmission of water, including, but not limited to, mains, conduits, vaults, anholes, or other facilities as requir d. 4. Ace ss. Gr nt sha 1 hav th pr tual, non xc lus v right o Ingres and egress in, to, ov r, through and acros th Eas men Property for ny purpo enc ss ry or desirable for the full enjoy nt o h right granted to Gr nte under this Gr ant . grees suppo r desir right s. s not t o f'reina er prior Grantor. Grantor coven nt nd ral ry or th 7. Warranty o T tl • Gr ntor and repr sent th Gran or is the!•• aimple owner of h• a ••n Prop rty nd th at Granto r haa full right, tle and au hor ty, and th• th• Gran • • I • - • • • • • • effect ive t o grant and conv ey to Gr an tee the Ci ty Ditch Easement. Grantor further covenants and agrees to ind emnify , defend and hold Grantee harmless from and against any adverse cl aim to the tit le of the Easement Property by all and ever y person or per sons l awfull y claiming or to claim the whole or any part thereof. Grantor acknowledges that Grantee has historic rights to maintain the City ditch and this agreement clarifies those rights. 8. Binding Effect. This Grant shall extend to and be binding upon the heirs, personal representatives, successors and assigns of the respective parties hereto. The terms, covenants, agreements and conditions in this Grant shall be construed as covenants running with the land. IN WITNESS WHEREOF, the parties hereto have executed this City Ditch Easement the day and year first above wr it ten . GRANTOR: GRANTEE: CITY OF ENGLEWOOD, COLORADO Attest: By---------...-------Eugene L. Otia, M•yor ex officio City Clerk-Tre•surer I • • n - • • STATE OF COLORADO COU NTY OF ARAPAHOE ss . . , • • • The foregoing i nstrument was acknowledged before me t h i s day of , 1982 by Eugene L. Otis as Mayor and attested to by-=G~a-r-y--=R~.----,H"-""""ig-b.--e-e-as ex officio City Clerk-Treasure r of the City of Englewood, Colorado. My Commission expires: STATE OF COLORADO COUNTY OF ARAPAHOE ,2.r- anaRobert P. My co111111ission expires: ss. My Cor.i mi:::on Ex , ire~ f.pril 22, 1986 Notary Public Address: ill \) t i.f !: i'S orcs id <:nt Addreaa: I • • 1 n •• I n- • . . IESCRIPl'ICN CF CI'lY DrIOi WI'ffiIN BUlCK lS : • • • A parcel of land located within Block lS, RESUBDIVIS~ CF A PARl' OF KEY'S LI'ITLE'l'CN ADDITICN, Cl:lunty of Arapahoe, St.at.e of Colorado, noxe particularly described as follows: Beginning at the Soutbolest a>rner of Lot 30, Block 15, RESlB)IVIS~ CF A PARl' CF KEY'S~ ADOITIOO; thence N 1°49•57• E along the WBaterly line of Block 15, a distance of 125.92 feet to a point on the Southeasterly line of the City Ditch, as said ditch now exists said point being the True POint of Beginning; thence easterly al.or¥;J the Southeasterly line of said existing City Ditch the following course's, N 2G°48'57" E, a distance of 22.33 feet; thence N 16°43'50" Ea d bstanoe of 110.32 feet; thence N 3:f>33•30• E , a distwnce of 83.04 feet; thence N 39 03 '30" E, a distance of 71. 37 feet to a point on the Easterly line of said Block lS ; thence N 1049•32• E along the Easterly line of Block 15, a diatance of 41.30 feet to a point on the Northoleatarly line of the City Ditch aa ll&id ditch now exists; thence Southolesterly ~ the Nort1wlaterly line of aid exiat:ing ~ty Ditch the fol.l.c:JwwJ course's, s 3gOo3•30• W a diat.anoa of 105.45 teet, thanoa S 33 33•30• w, a distance of 87. 94 feet; tlwlc:e s 16°4 3' so• w, a diat.anoe of 56. 82 feet to a point on the Westerly line of Block 15; thence s 1°49•57• W along the waat.erly line of said , Block 15, a distance of 81.94 feet tx> the '?rut POint of Bagilvung. Containing 6,823 square feet or 0.157 acres. m:RRIPI'ICN OF CI'lY DI'10f WI'1HIN BUlCK 14: A portion of land being a portion o( Lot l, Block 14, ~ CF A PARl' CF l<ElC 'S LIT1U:ltN AOOITIDf, Qu\ty of Arapahoe, State of aolorado, axe partuc:ularly described u foll.owa: Beginning at the Northaut ccmar of u.id Lot l, Block 14, JaUIDlVIS~ CF A PAR'l' CF KEY'S~ AIDrl'JCN; t:hmlca N 88°47 1 30• W along the Northerly line of said Lot l a distance of 112.07 feet tx> a point on the Sauth:lutarly line of the City Ditch ditch TOI exiata, u.id point bainlJ the '1'NB POint Of Bag:inning1 thanoa S J9°o3' 30"W along the Southeasterly line of aa.i.d existing City Dit.ch a diat.anoe of 20 .92 feet tx> a point on the Weat.arly line of Block 141 thance N 10 48' 32• B along the \ieaterly l.i.ne o f said Block 14 a di.stance of 16.52 feet tx> the~ oomar of aaid Lot l; thence s SSo47'30" E along the Mortherly linlt of Mid Lot l , a diatanoe o f 12.1>6 f t to Troe Point of Begizvu.ng . Ccnt.airung 1 05 apaxe Nt or 0.002 aces . I . . r; ,.. tP .:; (FJ • • • • PART OF BLOCK 14 6 BLOCK 15, RESU BDIVISION OF PART OF KEYS LITTLETON ADDITION COUNTY OF ARAPAHOE ; ------·· I I .. 1· NC11r,c1 ,l~L fH'II.O.,.I ·~~~ ___!':.J/1!!... ... ' ;~ • • • I I, f '· --- / lf:"1111'"1 I t! I • ,w:. ...Jf•<,:-;;:~------; ' I ,.21·-1---· -c.-c.. ----··!-----JI -------• :----7 -I 1---17_ -....... ., . J t -· .... ~. .., .. ~ • • " ------'!:t-£_-· ,. ~ I ,, •• ._ -~·I '-..-··---· -------': ;---1 : .. ~. : .... • • ., •. .,_ ,, •'!· J .... --. ----> -· , •• ,_ ---~-1'! ; ' .•I ._ : ~ i ./-----~ .. I ~---=~ -i:!'{,t '!. ___ ---' ~,,,. • .,_ I I~-___ _I : __ ._.,_. -·---_I I -n, .,,,,,,.,, I .. J--·~---! • 1 I •,--------~ I I , ____ ----1 : I ,--------, • " " .. ,· ---·-:, ~---, ~':!~ ____ : . ---··-! / •----I --·----·-l i 1 .-.-/ I I :, I I I -----•;., --'!·~~~-I ____ ----1 MI-T • • k£: ~ .,.'--'"'..! I I ''·' .,_... •l "llt •• ••-I ' I --~111:'...-. .. S,u ~. '----------1 .. ---,----. ----. ----. ----,----' • c~r,,,,,,,. ~,,c , ~ , ,, "~11,c11 --· q , ..... ,1 ~ ..... ·:--· I -,::-,-;-. T , , • , .. , a,•. 1 ,1 ... , ....... t • •• '. 11 •11\ • •• .... _;.,, I ••" I• I •, ~ lli•I, I 11 -.11 l ,.~ih,'\ r-;;-7<4~::i--11 ... , , ... _ ........ ,f ... , • ';:: .-•., . .,,... -·~ ' -.... .. "' ........... -i~· ... , -·· .... , ... ..-_ ...... ,. .. ,, .. _ ...... , ~ <;•l t t l'IUMllll.,il'I X -,.1,.l>X ,...,u,,, ....... ,.,.,t,c, • lUUll.<i1 -~IU .,._ 1111_.,,,. .. , ........ :;ac ,, ...... 0 ... 6. .... ,,.:.a ,itu•-"'"'"''-lt .... , .. , ..... ,, .. -~~·L'I ••-• -··-,..-.,,:·, . .,., .. ,,.,. ... -... ····'"'' - LC6C1fD I I I i 6 ~ 1•,,t • K .. ._. ___ . . ,.. ... ~ ''''"' .............. -• '_,,...:I .. ,,~-,.,_,. ........... t •'••'"" COLOR ADO £•GtN[[Rt NG • su•vEYtNG INC 11 ,, S l•O,OH ". t .. Ot.l"()C;C t!( 0 tootO ff ! _ _!':'U BOUNDARY SURVEY 1 11 -201 1 I 1,; • • • • - 0 PART OF BLOCK 14 6 BLOCK 15, RESUBDIVISION OF PART OF KEYS LITTLETON ADDITION COUNTY OF ARAPAHOE , I ,· -,--/.,.,_, __ _ ---~/ I --··-· .... ,, --. .,,,., ,,,,,,,.. -·----~ I --··--·I I .. , I --··' I I ' I ___ , ----' -I----• --1 ---.L. • t~r,, I I 4,I /I .• tt,; II • • • ' ! .. .. : ~ • ' .. .. \ . ._. .. ,. '\ .. ,,.-1 -: .. 1, • ~, I' •'I." ; I ..... ,• ... , .. "•• ·-· .. ,, ..... . --· .~ -' . ~ c~·v .... , ........ --~ ..... , ..... .. .......... -....~ ... -.:• ........... . t ....... ·~ .................. ... , ...... ., .. ............. t .. _ ... ,o ft.,. ........ -• -• • - CITY DITCH EASEMENT ~ THIS GRANT of easement (this •Grant•) is made this 0 ~ day o ~~, 1982 by 3190 CORP . c•Grantor•) whose address is 4285 S. Broadway, Englewood, CO 80110, in favor of the CITY OF ENGLEWOOD, COLORADO, c·GRANTEE·) whose address is 3400 s. Elati, Englewood, CO 80110; The parties covenant and agree as follows: 1. Easement Propert~. The •Easement Property• shall mean the real property located 1n the County of Arapahoe, State of Colorado, more particularly described on Exhibit A, attached hereto and incorporated herein by reference, and substantially as depicted on Exhibit B, attached hereto and incorporated herein by reference, which real property is owned by Grantor. 2. Consideration. As consideration for this Grant, Grantee shall pay to Grantor the sum of Ten Dollars ($10) and other good and valuable consideration. 3. Grant of Easement. Grantor hereby grants to Grantee, its successors and assigns, a perpetual, nonexclusive easement (the, "City Ditch Easement•) over, under, across and through the Easement Property for the purpose of constructing, operating, maintaining, repairing, replacing, removing and enlarging the City Ditch as hereinafter defined. The •city Ditch• shall mean all necessary surface appurtenances thereto necessary or desirable for the transmission of water, including, but not limited to, mains, conduits, vaults, manholes, or other facilities as required. 4. Access. Grantee shall have the perpetual, nonexclusive right of ingress and egress in, to, over, through and across the Easement Property for any purpose necessary or desirable for the full enjoyment of the rights granted to Grantee under this Grant. S. No Improvements. Grantor covenants and agrees not to construct , erect, place or plan any •r pr o vements•, as hereinafter d fined, on the Easement Property without obtaining the pr io r writt n cons nt of Gr nt • •rmprov ments• shall mean any structure or building. Grantee shall have the right to remove, w thout any liability to Grantor, any improvements constructed, erected, placed or plant don the Easem nt Property without Grant e's having obtained the prior writt n consent of Grantor. 6 . Subjacent and Lateral Support. Grantor cov nants and gr es that Grantee shall have the right of aubjacent and lateral support on th Eas m nt Property to whatever extent ia necessary or d sirabl for the full, complete and undisturbed enjoyment of the rights granted to Gr ntee under this Grant. 7. Warranty of Title. Grantor warrant and represents that Grantor is the f e simple owner of the Easement Property and thAt Grantor has full right, title and authority, and that this Grant la • I • • - • • • • • effective to grant and convey to Grantee the City Ditch Easement. Grantor further covenants and agrees to indemnify, defend and hold Grantee harmless from and against any adverse claim to the title of the Easement Property by all and every person or persons lawfully claiming or to claim the whole or any part thereof. Grantor acknowledges that Grantee has historic rights to maintain the City ditch and this agreement clarifies those rights. 8. Binding Effect. This Grant shall extend to and be binding upon the heirs, personal representatives, successors and assigns of the respective parties hereto. The terms, covenants, agreements and conditions in this Grant shall be construed as covenants running with the land. IN WITNESS WHEREOF, the parties hereto have executed this City Ditch Easement the day and year first above written. GRANTOR: At~ RobertP.Marx~ry GRANTEE: CITY OP ENGLEWOOD, COLORADO Attest: By ______ _,....__,,....,,____, ___ _ Eugene L. Otis, Mayor ex officio City Clerk-Treasurer I • • - • • STATE OF COLORADO COUNTY OF ARAPAHOE ss. • • • The foregoing instrument was acknowledged before me this day of , 1982 by Eugene L. Otis as Mayor and attested to by.....,,G~a-r-y--,R=-.--,.,.HTi-grb-e-e-as ex officio City Clerk-Treasurer of the City of Englewood, Colorado. My Commission expires: STATE OF COLORADO COUNTY OF ARAPAHOE ss. Notary Public Address: The foresi,o.J.ng rument was acknowledged before ill .:! t i .!!: ·~' day of cA:. ., 1982 by H. w. Nelson, Jr. 11s prosid !.nt an Robert P. a x as sec etary of 3190 Corp . Addreaa: My commission expires: Mi, Cor.i mi~:·Jn L . ire:; t,pril 22, 1986 • I • • n - ,.... . . IESCRIPl'ICN OF CI'lY Dl'l0{ WI'lHlN BWCK 15: • • - A parcel of land lcx::ated within Block 15, RESUBDIVISU* OF A PARl' OF XElC'S LITl'I.E!Ctl ~. County of Arapahoe, Stat.e of Ooloredo, m:>n particularly described a.s follows: Beginning at the Southolest comer of Lot 30, Block 15, lGlB)IVISIQi OF A PARl' OF l<EY'S LI'l'l'IElaf ADOITIC*; thence N 1°48'57• E along the W.terly line of Block 15, a di.stance of 125.92 feet t.o a point an the Southauterly line of the City Ditch, as said ditch ro,, exists said point being the True Point of Beginning; thence North- easterly along the Southaaaterly line of said exiating City Ditch the follaring oourae's, N 26°48'57· E, a distance of 22.33 feet; t:hmca N l6°43 1 so• Ea d!•tanoe of 110.32 feet; t:hencll N 33°33•30• E, a diatwnce of 83.04 feet; thence N 39 03•30• E , a dist:anoe of 71. 37 feet to a point on the Easterly lina of said Block 15; thence N 1049•32• E along the Eaat.erly line of Block 15, a distance of 41.30 feet to a point an the NortiMBatarly line of the City Ditch u said ditch row exiata; thence Southilesterly ~ the Nortl'lola8t:arly line of said exiating ~ty Ditch the fol~ course's, s 3g(>o3•30• w a distance of 105.45 feet1 thence S 33 33•30• w, a distance of 87. 94 feet; thence s 16°4 3' so• w, a diatanoa of 56. 82 feet t.o a point on the Westerly line of Block 15; t:hence S 1°49•57• W &l.ong the w.tarly line of aaid , ' BlocJc 15, a distance of 81.94 feet to the True Point of Beginning. Olnuining 6,823 square feet or 0.157 acna. c:&::RRIPTial OF CI'lY 01'10{ WI'lHIN BWCK 14 : A portia\ of laRi being a portion o( Lot 1, Block 14, a&lllDlVISJOI OF A PAR1" OF l<EY'S Ll'1"lU:lQi MDITION, Oll.nty of Arapahoe, St.ate of Oolcado, m part:ucul.Arly ducri.bad u follooa: Beginning at the litlrthaut oaawr of said Lot l, Block 14, IIBSUIDlVISu»I OF A PARl' OF J<EY'S LITlU:1".1'f AIX>ITlaf; thmca N ssOn•30• w Alen; the ltrtmrly lina of said Lot 1 a distance of 112.07 feet to a point an the SauthButerly lina of the City Ditch u said ditch new exiata, aaid point being the Trull Point of~; thmoe s 39°o3'30-W a.long the Southeut:arly line of said exiating City Ditch a diat.anca of 20.92 feet to a point an the W.tarly lina of Block 14; thanaa N 10 41•32• B ala1g the \tNterly ll.ne of said Block 14 a diatanoe of 16. 52 feet to the Northaat CXlll:nar of said Lot l; thence s 88°47'30" E &l.ong the lbrtherly line of said Lot 1, a diat.anoe of 12.'>6 f t t.o the 'true Point of Beginning. Cl:lnt&irung 105 aquan r er 0.002 ~. • I . . ( • • • PART OF BLOCK 14 8 BLOCK 15, RESUBD IVI SION OF PART OF KEYS LITTLETON ADDITION COUNTY OF ARAPAHOE • ,11c11r1cc ' I .. 1· \ . . . ,··-·-I I -··-: .... 1 ---=;1i i-=-7-).11 1--• iz 1 -;f _ :1 . /L . __ ... "'~._ I~ I ,._, , __ I #ITU ,,,,u,.. ,f .... , .. i: I I I . ·----------1 I -·----·-·----,--,---..1... • ~,,,,. • ·~, , ••• u ,, • .. .. t .. .. • .. .. .. \ .. ,. ~• . ' • , .... 1"1-. • ,. , ··~ ........ '• .. Q~ ~~-v •••, uw w.,..,.JI'_ •• ... u -......... , .......... , ........... .. .... '-"• ......... .... .................. ... ~ ............... . .... , .... ••irt • . -....... ' .......... , .. ...... , .......... .. • Ml•••• ... I 0 . ........ ' ... . .._.. ___ , f --· 111-t •• , ................ . • -• • - 7n THIS GR1W1' of a sewer line eaaerent (this "Grant") is made this ..14 ~ day of Septarber , 1982 cy EN'.iLEH:XD mruTIVE CEm'ER, IOC., a Colorado oorporation, ("Grantor"), whose address is 3677 South Huron Street, En:]le.ood, CO 80110, in favor of the CITY OF ENGUln:D, COLORADO, ("Grantee") wh::>se address is 3400 South Elati Street, Enqle.ood, Colorado 80110; '!he parties covenant and agree as follows: 1. Easenent Property. '!he "Fasement Prqierty" shall rrean the real prqierty lc:cated in the County of Arapa}De, State of Colorado, nore particularly described on Exhibit A, attached hereto and i=rporated herein cy reference. 2. Consideration. As ccnsideration for this Grant: Approval of En:]lewood Executive Center Pl.JD. 3. Grant of Sewer Easerrent. Grantor herecy grants to Grantee, its successors and assigns, a perpetual, nonexclusive easerrent (the "Sewer Easanent") over, under, across and through the F.asement Prqierty for the purpose of oonstnrting, operating, maintaining, repairing, replacing, rE!TOVing and enlarging the "Lines and ~s", as hereinafter defined. '!he "Lines and Appurtenanoes" shall rrean one or nore water or sewer pipelines and all necessary undergroun:l and surface appurtenances thereto necessary or desirable for the transni.ssion of wastewater, including, rut no limited to, rrains, corrlui s, vaults, rranholes, or other facilities as required. 4. Access. Grano shall have the perpetual, nonexclusive right of inp:ess and egress in, be, over, through and across the Fasement Prqierty for any purpose necessary or desirable for the full enjoyment of the rights gran ed to Grantee under this Grant. 5. ter oonstnlctl.on, of any of the Lines • I • • - r • • • • 6. N::> Irrprovments. Grantor covenants and agrees rot to construct, erect, place or plan any 11 Inproverents", as hereinafter defined, on the Easerent Property with::Jut obtaining the prior written CCl'lsent of Grantee. "Inprovere:nts" shall rrean any structure or lxlilding but shall rot inclu:le transfonrers, si.del.81.k, curb and gutters which Grantor may install. Grantee shall have the right to rerove, without any liability to Grantor, any .inprovere.nts ccnstructed , erected, placed or planted on the F.asetent Property witlout Grantee's havinJ obtained the prior written consent of Grantor. 7. ~acent and I.ateral~rt. Grantor oovenants and agrees that Grantee shall ~ve the right of subjacent and lateral St.gX>rt on the Easement Property to whatever extent is necessary or desirable for the full, carplete and un:listruberl enjoyrrent of the rights granted to Grantee under this Grant. 8. Rights of Granter. Granter reserves the full right to the urdisturbed ownership, use, and OCC\4)clilCY of the Easement Prcperty insofar as said c:Mnership, use, and ~ is ccnsistent with and does rot i.r.pair the rights granted to Grantee in this Grant. 9. Abard:nnent. In the event that Grantee shall abaroon the rights granted to it umer this Grant, all right, title and interest hereurrler of Grantee shall cease and tenninate, and Grantor shall oold Easement Property, as the same nBY then be, free fran the rights of Grantee so abaroaled and shall own all materials and structures of Grantee so abarooned, provide;} that Grantee shall have a reasonable period of time after said abamcnrent in which to rarove any or all Lines and .App..irtenan,es fran the F.aserent Prq:>erty. In the event that F.aserrent is ahan:1ooed by Grantee, Grant.or shall have the right, at its sole option, to require Grantee to rE1t011e or neutralize any iJTprovetert:s constructed in the F.asarent by Grantee. 10. warranty of Title. Granter warrants and represents that Granter is the fee sinple owner of the Easarent Property and that Grant.or has full right, title and authority, and that this Grant is effective to grant and CXJrNey to Grantee the Sewer Line Easenent. Granter further cx,venants and agrees to in:iennify, defeni and oold Grantee haonless fran and against any adverse claim to the title of the Easement Prq:>erty by all and every person or persons lawfully claiminq or to claim the wh:>le or any part thereof. 11. B~ Effect. nlis Gran shall extern to and bind.in:J upon the heirs, per representatives, successors and assigns of the respective parties hereto. The terms, covenants, agreerrents and ocn:litions in this Grant shall be ccnstrued as covenants running with the land. IN WITNESS~, the parti hereto have executed this Grant of -2- • I • • - • • • - Sewer Line Easement the day and year first al::x:>ve written. GRAN'IOR: EN;IDOJD EXFillTIVE CENTER, IlC. ~.-ttiii~ (SEAL) STATE OF <X>IDIWXl ) ) ss. COONlY OF ARAPAIIE ) .Ackrowledged before ne this ~ day of l2 w • _ ~ , 1982, by W. R. tot:llvaine, President, and Ridiaro" Collier, Secretary, -0 Erl:]lewc:od Executive Center, Ire., a Colorado corporation. 1 camdssion e,cpires: y Co.-nr.>t!!,,,: [x., ... J"'X 11: ze•• ; ~ J: :J . ; f •:'Ir ! I lt. D • , ''· l • .''J,1 ,l ._ ~ (: ATIEST: .Address: ., "~-, ~ c/ "#._ A~~ p,,.,,o GRAN'll!:E: By--------------By =Ti.,...,'tl,.......e_: _____________ _ ss. i.xell: this __ day of ---.,-------' 1982 by aii1 ---------------------- Notary Public -3- • I • • ~,..90 • • - .,. MlllU . IEINSTSEN trl ANO ASSOC ., INC . CIVIL AHO LANO 0£V(LOP'M ENT [NGIN[[lltlNG LAND SU .. 'IEYING no-1011 £.,J,;b,·f f:t. ENGLEWOOD, COLo••oo eot t t JOB NO . l.527 s n J__j_ __ ~ i ':'>".>,'~ /.6"" LEG AL 1>ESC1l1PTJO FOil PROPOSED SANITARY SE WEil EASEMENT IN & PORTIO OF ENG LE WOOD EXECU IV CENTER, & PARCEL OF LAD, BEING A PART OF LOTS l AND 32, ILOC 22 OF THE &MENDED PLAT OF ENGLE OD, ARAPAHOE COUNTY, PLAT FILING O. ~17-A, A PART OF THE VACATED ALLEY IN SAID ILOC 22, AS RECORDED IN 100 lOOZ AT PAGE 281, AND A PART OF VACAT D WEST JEFFERSON AVENUE AND A PART or VACATED SOUTH INC& STREET, LOCATED IN THE ORTHEAST ONE VA TEil OF THE ORTHEAST Q,jE UARTEll OF SECTION~. ro w SHIP s SOUTH, RAN GF WEST OF TH •TH'·"·· CITY OF ENGLE D, CO TY OF ARAPAHO , STATE OF COLORADO, NOR£ PA TI CULAllLY DESCllllED AS FOLLOWS, • UAll lEll OF TH G AT THE CENTER- AVENUE I TH NCE T 30.00 FE TI PARALLEL WI TH I • • n • • - GRANT OF SEWER LINE FASFMNI' THIS GRANT of a sewer line easarent (this "Grant") is IT\3de this .s4 ~ day of SeptEITt>er, 1982 by ENiLEHXD EXEOlTIVE CENI'ER, IlC . , a Colorado a:>rparation, ("Granter"), wtPSe aairess is 3677 south Huron Street, EnglE!\IOXl, CX) 80110, in favor of the CITY OF EN:illl-aD, COU)AAOO, ("Grantee") wh:>se address is 3400 SOuth Elati Street, EnqlE!IIOXl, Coloraoo 80110; 'Ille parties covenant an:1 agree as follows: 1. .Easarent Property. 'lhe "F.asenent Property" shall rrean the real property located in the County of Arapatoe, State of Colorado , nore particularly described oo Exhibit A, attached hereto an:1 i.na:>rporated rerein by referen:::e. 2. Consideration. As ccnsideratioo for this Grant: J\{:proval of En::Jlewa:xi Executive center FUD. 3. Grant of Sewer F.aserrent. Granter hereby grants to Grantee, its sucoessors an:1 assigns, a perpetual, nonexclusive easerent (the "Sewer F.asanent"l over, l.ll'rler, across an:1 through the F.asanent Prcperty for the purpose of oonst.nrting, operating, naintaining, repairi.rKJ, replacin:J, r€!TOV'in:J an:1 enlargin:J the "Lines an:1 ~", as hereinafter defirm. 'lhe "Lines an:1 Appurtenanoes" shall nean cne or nore water or sewer pipelines an:1 all necessary ~ an:1 surface appurtenances thereto n:icessary or desirable for the tran.smissioo of wastewater, including, rut rot limitErl to, mains, corrlui s, vaults, manholes, or other facilities as r equired. 4. Access. Grantee shall have the perpetual, oonexclusive right of if¥:1ress an:1 egress in, to, over, through an:1 across the F.aserent Pr~y for any purpose necessary or desirable for the full enjoyment of the rights granted to Grantee l.ll'rler this Grant. 5. Restoratia,. s that after construction, naintenance, repair, rep of any of the Lines an:1 Appurtenances, Gran shall r:; tore surface of F.aseren Prc{lerty as nearly as reasonably possible to the grade arrl a:indition it was in .imnediately prior to said cx:nstruction, naint.enanoe, repair, repl t, or enlarg t except s y sary to te the Line an:1 Appurtenanoes. Gran gr to restore an:1 repair any i.nproverrents of Granter on the Fa Property which are , rrodifi or 1 by Gran durin:J said oonstruction, nai.nt.enanoe , r ir, r t or enla t. Gran further s to replace any tqJeoil any cultiva or agricultural areas on the ""1J~,.._,,,r P'l'Y'.llf'>rty any ss earth resultin:J fran said oonstruction, · , at G an 's sol oos ard • I • • • • • 6. No Irrproverrents. Grantor covenants arrl. agrees rot to mnstruct, erect, place or plan any "Inprovarents", as hereinafter defined, on the F.asanent Prcperty witlnlt obtaining the prior written cc:nsent of Grantee. "Inproverrents" shall nean any structure or l:uildi.ng but shall oot inchrle transformers, sideloalk, curb arrl. gutters which Grantor may install. Grantee shall have the right to renove, with:Jut any liability to Granter, any :inproverrents ccnstructe:1, erected, plaoed or planted on the Ease!rent Property without Grantee's hav~ obtainerl the prior written ocnsent of Granter. 7. ~acent arrl. Lateral ~rt. Granter covenants and agrees that Grantee shall ve the right of subjacent and lateral SlJEl)Ort on the F.asement Prcperty to whatever extent is necessary or desirable for the full, cattilete and urrlistrubed enjoyne:it of the rights granted to Grantee urrler this Grant. 8. Rights of Grantor. Grantor reserves the full right to the urdisturbed ownership, use, and occqlailCy of the F.asarent Prq:lerty insofar as said ownership, use, and occq_lanCY is ccnsistent with and does oot :inpair the rights granted to Grantee in this Grant. 9. AbarxiaTrent. In the event that Grantee shall abardon the rights granted to it un:3er this Grant, all right, title arrl. interest hereun1er of Grantee shall cease and terminate, arrl. Grantor shall h:>ld F.asernent Prcperty, as the same may then be, free fran the rights of Grantee so abarrlaled and shall own all materials and structures of Grantee so abardoned, provided that Grantee shall have a reascnabl.e period of time after said abamcnnent in lrohl.ch to r8!0ve arr:/ or all Lines and .Appurtenan::es fran the Easenent Prq:>erty. In the event that F.asarent is abarrlooed by Grantee, Granter shall have the right, at its sole ~n, to require Grantee to rerrove or neutralize any :inprovements constructed in the Easenent by Grantee. 10. warranty of 'Title. Grantor warrants and represents that Granter is the fee sinple owner of the Easelrent Prcperty and that Granter has full right, title and authority, arrl. that this Grant is effective to grant arrl. com,ey to Grantee the Sewer Line Faserrent. Granter further CXJVenants and agrees to iroemtlfy, deferd arrl. h:>ld Grantee harmless fran and against any adverse claim to the title of the Fasenent Prcperty by all arrl. every persoo or persons ully cla.imi.nq or to claim the whole or any i:art thereof. 11. ~ Eff This Grant shall extero to arrl. be binling upon the heir , rep tatives, successors arrl. assigns of the r ·ve parti hereto. 'Ihe terms, covenants, agreerents ard conditions in this Gran s 1 cx:nst.rued as oc:,,,enants ruJ'll'UJ'¥J with the larrl.. parti her to ha execu this Grant of -2- • I • • - • • • • • Sewer Line Easement the day and year first above written. GRAN!DR: EN'.iUWX>D El<EUJTIVE CENI'ER, Ile. 1'1r~lfL' , ~ / By ~~ By ,_/~ W, R, ltilvame, Pres, Ri co er, Sec. (SF.AL) STATE OF Cl)I.OPAOO ) ) ss. COONrY OF ARAPAIIE ) Ackrowledged before ne this ~. day of ,,lJ w « _ ~ , 1982, by W. R. Mc!lvaine, President, and Ridiaro COllier, Secretary~ EnglEMX>d Executive Center, Inc., a COlorado corporation. 1 carm.i.~.ioo expires: Y Comr.~:.,r. £x .,···1 J··• .. '" zr. e ' 'l ~ W ! -' -t'ii Address: ., I. ~-, ~ c/ ~- ,A-............._. ~ PtJ.J IO GRANTEE: ATI'EST: CITY OF EN'.iU'.H'.XD, COI£lRAOO By ____________ _ By =T1 ..... tl.,....e-: ------------- STA'IE OF OJIDRAOO ss. this __ day o ---..------' 1982 by and --------------------- lbtaiy Publlc • I . • '•M> •••" ••c•n,cc •vc •101 4S.~· ~ ... '30. • • • • ,. Mill El . EINSTSEN al AND ASSOC .. INC . CIVIL ANO UNO 0£VCL°""[NT ENGINECftlNG LANO SURVEYING llO-Z01' I 212 T--- ENGLl:WOOO, COLOIIU,DO e o111 JOB NO. 15 27 4 s _LJ_ __ ~ 1i, L.IIJE \.lE 1,14 IJE 1/4 ~ Qt. ~ .,,.::=;:,iFr~r--1=.11 ,-S":J,'fi! ~~ LEG AL DESCRJPTJON FOR PROPOSED SANI TARY SEW ER EASE "ENT IN A PORTION OF ENGLEWOOD EXECUTIVE CENTER, A PARCEL OF LAND, BEING A PART OF LOTS 1 AND 32, BLO CK 22 OF THE AMENDED PLAT OF ENGLE WOOD, ARAPAHOE COUNTY, PLAT FILING NO. 417 -A, A PART OF THE VACATED ALLEY IN SAID BLOCK 22, AS RECORDED IN BOOK 1002 AT PAGE 281, AND A PART OF VAC ATED WEST JEFFERSON AVEN UE AND A PART OF VACATED SOUTH INCA STREET, LOC ATED IN THE NOR THEA ST ONE QUART ER OF THE NOR THE AST ONE QUARTER OF SECTION 4, TO WNS HIP 5 SOUTH, RANG E 68 WEST OF THE 6TH P,M,, CITY OF ENGLE WO OD, COU NTY OF ARAPA HOE, ST ATE OF COLOR ADO, "OR PAR TICUL ARLY DES CRIB ED AS FOLLOWS, CO MM ENCIN G AT THE SOUTHE AS T CO RN ER OF THE ORTHE AST O UAR TE R OF TH NORTHE AST ONE QUAR TER OF SAID SECTIO 4, SAID POINT BEING AT THE CE NTE R- LI NE INTERSECTION OF SOUTH HURON ST REET AN D W ST ENYO N AV ENU I THE NCE WESTERLY ALONG THE SO UTH LIN E OF SAID NORTHE AST ONE UARTER O.OO FEET , THENCE O AN AN GLE TO THE RIGHT OF 90•14'15" AND ORTHERLY PARALLEL WITH THE AS T LINE OF SAID NORTHE AST ONE QUARTER 412.l FE T1 TH NCE ON AN ANGL E TO TH LEFT OF 99•45•59• AND WESTERLY 2 ,00 F ET TO TH POINT OF BEGINNIN G, SAID PO INT BEIN G 10.00 FEET SOUTH OF THE NORTH LIE OF SAID BLOCK 22 1 THENCE CO NTI NUI NG WESTE RLY ALO C THE AFO RES AID COUltS ~3).8 FEET1 THE NC E ON AN ANC L TO THE lllCHT OF ""''lO" A D NORTH WEST RLY 65,20 FEET TO A POINT ON THE SOUTH RIGHT O WA Y LI ( Of WEST JfFF RSON AVENU 1 THENCE ON AN ANG LE TO TH RIGHT OF 3Sl"l0'40" A D [ASlfRLY S7 ,20 T TO A POI TON THE EAST RLY RIGHT OF WA Y LIN Of SOUTH INC& STRTE , SAID POINT ALSO B INC TH NORTH WEST CO RER OF SAi BLOC 221 TH NC O AN ANC L TO TH L Fl O 9"45 1 9" AND NORIH RLY AL C SAID AST RL RIGHT OF WA Y LI o, SOUTH I CA STR[ T 11, F T1 TH NC AN A 10 Hf RIGHT 0 • •3 'l'" AND OUIHE ASTERLY I.I F[fl1 TH£ C A A L TO M L ,T Of 1"49 1 10" AND ASTfRLY PAR ALLEL WIIH I 119 ,C>e, ff RIM O' IH TH LI N~ o, SAI D BLOC 22 £ 11 sr • f OF z,2. , r I A A RIGHT Of 0°14'01" AN D OUTH RLY 20.00 f(P OINT 0 • I • - • • • • MEMORANDUM TO: Mayor and Members of City Council FROM: Andy Mccown, City Manager DATE: November 23, 1982 SUBJECT: RECOMMENDED FEES FOR GOLF COURSE Attached are the staff recommendations for fees at the golf course for 1983. These were previously sent to you about two weeks ago. The changes penciled in on the report are those recommended by the Parks and Recreat ion Commission. We will need to discuss these at your study session on the 6th. Sincerely, ~~~ pc cc: Peter H. Vargas, Assistant City Manager Packy Romans, Director of Parks & Recreation • I • • - • • • • M E M O R A N D U M TO : Andy McCown, City Manager FROM : E. P. Romans, Director of Parks and Recreation DATE: November 19, 1982 SUBJECT: A Recommendation from the Parks and Recreation C01T111ission as to the Golf Course Fees Schedule for 1983 The Parks and Recreation COlll!lission has discussed at great length the Golf Course Fee Schedule for 1983 at their last meeting of November 18, 1982 . For easier reading, I have used the golf fee schedule recommended by staff that I sent to you, and merely wrote in the recommendations of the Commission . This memo with the changes shown is the recommendation of the Comm issi on to City Council concern ing the 1983 golf course fees . EPR/lw Encl. • I • • • TO : FROM: DATE : • • - I( E M O R A N D U M Andy Mccown, Ci ty Manager E. P. Roalens, Director of Parks and Recr .. tlon November 10, 1982 SUBJECT: Golf Course Fees for 1983 This memo Is a result of a ••ting between City Manager Andy Mc:Cown, Golf Pro Jerry King, and myself on golf fee recOIMlendatlons for 1983. As you heve requested, a survey of other golf courses w.s .. de concerning green fees and cart fees and this survey Is attached to this lllelllO. The following reco.nendatlons for the golf course fees for 1983 are as follows : Dally Green Fees Present Proposed Present Proposed 9 holes 9 holes 18 holes 18 holes Resident 3.75 lt.00 6.25 6 .75 Non-res I dent It.so ~5.00 1.00 7:-so 8.0& Senior resident 2.75 3.00 Ii .ZS 1i.so Special Jr . Annual Fee Resident Junior Program -$50.00 for the IIIOftths of June, July and August, or $20.00 per 1110nth for the months of June, July, and August. Play restricted to w.lk-on basi s during the hours of 10:30 a.•. to 2:30 P·•· ..-ek days only. In addition to the above annual fee, a charge of $.25 for .. ch nine holes played shall be paid on the day of play. For purposes of charging annual fees, the following definitions shell apply : Senior -62 years of age and over. Resident -Persons who reside In the corporate boundaries of Englewood or Sheridan. Additional Members -Must be under 18 years of age, living with parent(s) or guardian, and additional ,.fees !MIit be In the , ... category as the adult . o• ~•••••" Special Junior -Englewooc!.tResldent Junior who hes not r .. ched his 18th birthday and has c~leted a class In basic golf fundaNntels, golf reg- ulations, and golf etiquette as provided by the Recreation Depar t- 11111nt. This requlre•nt can be r..oved by the Golf Pro If, In Cart Fees Carts his opinion, he alr .. dy po11e11e1 these funda•ntel skills and training. '1\,11-vc,~...:t, .,.,,~ SflYAL 11, ,Lus•s II,,..,., f,U o .. T'c/ufc , buf"".a•C "°T 4i..,,ltle fe,r 1'1.e Jpec,a~ S',r. ••T•S. 9 Hole Present Proposed 7. oo r.e& 8 :oo 18 Hole Present Proposed 12.00 -tt,,N 13 .ol) No Increase In cart, .. , to encourage players to use carts. Propose an Increase next yHr • I • • ~olf Course ·Fees ·for 1983, cont~, Page -2- • • - Locker Fees -$li5,00 per c.lendar y .. r, or $7.00 per aonth, or $1.00 per day • • ,,.,.....,.,~:.e .. t, Weekend Tournanient Fees )$22.~ per perllOII which Includes green fee, c.rt fee, a Gfw.-1.00 merchandise prize of $4.00, and a $1i.OO additional fee to the City for preferred 1j-ca,ir-,.So time. The same fees wl 11 also be chargacl for a resident weekend tourna-nt fee , ~·=«.I -fl .on except for the $1i.OO for preferred starting ti-. This will .. ke the resident ,~ : '/.~ weekend tourna111ent fee$~ per person. Weekend tourn.-nts neeo to be discouraged a~ bee.use of the large n~i·of players on 11111ekands. ' . { G. ••<" -,.,s- t •, t C.<i~T-~.SI) Pm.e -'I ·00 fee. c.rt fee' a r, .,.$ Is for both res- Weekday Tourna-nt Fees -$16.il per perllOII lllhlch Includes green merchandise prize of $2.00, but no preferred ti-fee. This fee ident and non-resident 111eekday tourna-nts. League Fees -Ari additional f .. of $20.00 per person per , .. son wl 11 be leagues lllho require preferred tl-1 every week during the ... ,on. This wi 11 be ude to both resident and non-resident 1 .. gues. ~fiilt -t.oo -(t-n-,.so (1n ... -~ charged for -u :sa suson charge Annual Golf Keaberahl~ Feel -... flHI PU nd?IIIA :SIC nsd en 1Anu1I hlPlhlp i..;. Jer....,._lfa1 h••-•• .,,,, reqeeeeted, mde e suncer of other 1aau1l1, •Id I have ~It recelved -thl1 1u""er, and IMlii·e UIHtle d a HI'/ le 11111 Ha. With this additiona l l~t~· pe,1M1111 ••• PHI 1nduleft NII ~. rHstled u IM Cl 11 CeURell wo,k se..s.5lon thJ.s-Honday-•-1-.. Be~era the ...... , Oh AliiiWI I UF1tllp1 =• ..................... cs, ........ his •• ~- oneeoderlan1 on t mwl N *"'•hi,,. "•• a ,e H I s l I.,.: Single f•lly of 2 Additional ....._r Weekday Only !'resent Prmsed Pre1ent Proaosed Pr1sent Prooosacl Re1ldent lli0.00 175.00 200.00* )00.00* 75.00* 75.00* Senior re1ldent 125.00 150.00 165.00* 225,00* 75.00* 75.00* Non· res I dent 175.00* .....,...22!,o 275.00* )SI.II*.,_., ,o.oo• 100.00* Sr. Non-resident 16o.oo• 185.00• 220.00* )00.00* ,0.00* 100 .00* Seven O.y Play Res I dent 200.00 250.00 32S.OO* li00.00* ,o.oo• .... 100.00• Non·re1ldent 250,00* ~ lt00.00* 511,11* 105.00* 150.00* ~~ ... 4,06.00 *Av•lleble for re,,...I only. _!!P n. ..-.rshlps authorized . 1 11 I 1h11 Ipµ sf rtrrsttl;J ~• ran 1 ss':r et 1t •M> +4 -• • I • t at wf..,. EPA/lw Encl. I • • • • • • y /-) RESOLUTION NO.~~~- SERIES OF 1982 A RESOLUTION ESTABLISHING FEES AND CHARGES FOR THE ENGLEWOOD MUNI CI PAL GOLF COURSE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. Fees and Charges. Fees and charges to be made and collected by the Department of Parks and Recreation, payable in advance, for the use of the Englewood Municipal Golf Course shall be as follows: A. B. Golf Course Fees -Annual Golf Membership Fees Weekda;;i: Onl;;i: Single Familt of 2 Additional Mem ber Resident $175 $300* $75* Senior Resident $150 $225* $75* Non-Resident $210* $350* $100* Sr. Non-Resident $185* $300* $100* Seven Da:,i: Pla:,i: Resident $250 $400* $100* Non-Resident $300* $500* $150* *Available for renewal for year 1983 only; after 1983, no new memberships in these categories shall be authorized. In addition to the above annual fee, a charge of $.25 for each nine played shall be paid on the day of play. For purposes of cha rging annual fees, the following definitions shall apply: Senior -62 years of age and over. Resident -Persons who reside in the corporate boundaries of Engl wood or Sheridan. Additional Memb rs -Must be under 18 years of ag , living with parent(s) or guardian, and additional fees must be in the same catego ry as the adult. Dail:,i: Green Fees 9 Hol 18 Hole Gren Fees $4.00 $6.75 NON-RESIDENT FEE $4.75 $7. 50 Senior R sid n Fe $3.00 $4.50 (weekday only) Seniors must b 62 years of age or older. I • • ~-• • • C. Cart Fees Carts 9 Hole $7.00 18 Hole $12.00 D. Locker Fees Yearly -$45; Monthly -$7; Daily -$1. E. Tournament Fees Weekend -$22 per person. Weekday -$16 per person. F. League Fees -$20 per person. G. Resident Junior Program $50 per month for June, July and August $20 per month for June, July or August (play restricted to walk-on basis -10:30 A.M. to 2:30 P.M. week days only) Resident Junior -a resident who has not reached 18 years of age and has completed a class in basic golf, fundamentals , golf regulations, and golf etiquette as provided by the Recreation Department . This require- ment can be waived by the Golf Pro if , in his opinion, after observation, the youth possesses these fundamental skills and training. In addition to the above junior fee, a charge of $.25 for each nine played shall be paid on the day of play. Section 2. The charges and fees contained in this Resolution shall be effective January 1,1983. ADOPTED AND APPROVED this 6th day of December, 1982. Attest: Eugene L. Otis, Mayor ex officio City Clerk-Treasur r I, Gary R. Higb e , ex officio City Clerk-Tr asurer of the City of Englewood, Colorado, her by certify that the above and foregoing is a true, accurate and complet copy of Resolution No. , Series of 1 82. Gary R. Higb 2 • I • • - • • • • y f) RESOLUTION NO. =-!Cl SERIES OF 1982 A RESOL UTION ESTABLISHING FEES AND CHARGES FOR THE ENGLEWOOD MUNI CI PAL GOLF COURSE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. Fees and Charges. Fees and charges to be made and collec ted by the Oepartme n of Parks and Recreation, payab le in advance, for the use of the Engle ood Municipal Golf Course shall be as follo ws: A. B. Golf Course Fee s -An nual Golf Membership Fees Weekda;t onlt Single Familt of 2 Additional Member Res ident $175 $300* $75* Senior Resident $150 $225* $75* Non-Res ident $210* $350* $100* Sr. Non-Resident $185* $300* $100* Seven Da;t Pla;t Resident $250 $400* $100* Non-Resident $300* $500* $150* *Ava ilable for renewal £er year 1983 only; ~feet 198"°, no new memberships in these categories shall be authorized. In addition to the above annual fee , a charge of $.25 for each nine played shall be paid on the day of play. For purposes of charging annual fees , the following definitions shall apply: Senior -62 years of age and over. Resident -Persons who reside in the corporate boundaries of Englewood or Sheridan. Additional Members -Must be und r 18 years of age, living with parent(s) or guardian, and additional fees must b i n the s me category a~ the adult. Dailt Gren Fees 9 Hole 18 Hole Green F es $4.00 $6.75 NON-RESIDENT FEE $4.75 $7.50 S nior Re iden Fee $3.00 $4.50 (w kday only) S niors mu t b 62 y ars of age or older. • I • • ~- • • C. Cart Fees Carts • • • 9 Hole $7.00 18 Hol e $12.00 D . Locker Fees Yearly -$45; Monthly -$7; Daily -$1 . E. Tournament Fees Weekend -$22 per person. Weekday -$16 per person. F. League Fees -$20 per person. G. Resident Junior Program 3 mo"-+ I\~ o'\' $50 per~ for/I.June, July and Augu s t $20 per month for June , July or August (play restricted to walk-on basis -10:3 0 A.M. . to 2:30 P.M. week days only"j.w-lw,.~~o."1'Gtui:-."~~""'41 Resident Junior -a resident who has no~ reac~ed 1 8 ~.ue.i....t.:... years of age and has completed a class i n basic golf, '1~) fundamentals , golf regulations, and golf etiquette as provided by the Recreation Department. This require- ment can be waived by the Golf Pro if, in his op i n i on, after observation, the youth possesses these fundamenta l skills and training . In addition to the above j un i or f e e , a charge of $.25 for each nine played shall be pa id on the day of play. S ection 2. The charges and fees contained in th i s Res ol ut ion shall b e e ffective January 1,198 3 . ADOPTED AND APPR OVED this 6th d ay of Dec e mber, 1982 . Attest: Eu g ene L . Otis , Mayor ex o co C ty C 1, Gary R . Higb , x o ficio City Cle r k-T r surer of th Ci y o Engle wood , Colorado , hr by c rtify that the above-~ fore oing is a tru , ccurat and complete copy of Resolution No ._-</--'-__,_t~, Series of l 82 • Gar y R. Higbee 2 • I • • · I • • • RESOLUTION NO. i q SERIES OF 1982 A RESOLUTION ESTABLISHING FEES AND CHARGES FOR THE ENGLEWOOD MUNICIPAL GOLF COURSE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. Fees and Charges. Fees and charges to be made and collected by the Department of Parks and Recreation, payable in advance, for the use of the Englewood Municipal Golf Course shall be as follows: A. B. Golf Course Fees -Annual Golf Membership Fees Weekda;i: Onl;i: Single Famil;i: of 2 Additional Member Resident $175 $300* $75* Senior Resident $150 $225* $75* Non-Resident $210 * $350 * $100* Sr. Non-Reside nt $185 * $300* $100* seven Da;i: Plat Resident S250 $400 * $100* Non-Resident $300 • S5oo • $150* *Ava ilable for r newal £eE )eer 1~8~ only; af~er 1983, no new membersh ips in thes catego r ies shall be authorized. In addition to the bove annual fee, a charge of $.25 for each nin played shall b paid on the day of play. For purposes of charging annual fees, the following definitions shall apply: Senior -62 years of age and over. Resid nt -P rsons who resid in the corporat boundaries of Engl wood or Sherid n. Additional Members -Mus b under 18 years of ge, living with par nt(s) or gu rdian, nd addition 1 fees mu t b in th sam cat gory as the adult . Dai l;i: Gr n Fe s Gr en Fee NON-RESIDENT FEE S nior Resident (we kd y only) Seniors mus be 9 Hol $4 .00 $4 .75 F e $3 .00 62 y rs o g or • older . 18 Hole $6 .75 $7.50 $4 .50 I • • - r • • • • RE SO LUTION NO. 1 q SERIES OF 1982 A RESOLUTION ESTABLISHING FEES AND CHARGES FOR THE ENGLEWOOD MUN IC IPAL GOLF COURSE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. Fees and Charges. Fees and charges to be made and collected by the Department o f Parks and Recreation, payable in advance, for the use of the Eng l ewoo d Municipal Golf Course shall be as follows: A. B . Golf Course Fees -Annual Golf Membership Fees Wee kda :z:: Onl :z:: Single Famil:z:: of 2 Additional Member Resident $175 $300* $75* Senior Resident $150 $225* $75* Non-Resident $210* $350* $100* Sr, Non-Resident $185* $300* $100* seven Da:z:: Pla:z:: Resident $250 $400* $100* Non-Resident $300* $500* $150* *Available for renewal £er }ear 1~83 only; a{~er 1983, n o new memberships in these categories shall be authorized. In addit i on t o the above annual fee, a char e of $.25 fo r each nine played s ha ll be pai d on the day of p l ay. For p u rpo s e s o f c harg i ng annual fees, t he follo wing defi nitions s h all apply: Senior -62 years of age and o v e r. Resident -Per ons who r eside in the co rpo r t boundaries of Englewood or Sh rid n. Additional H mb r -Mu t b under 18 years of ge , living with p rent( ) or guardian , and addition 1 fe smut b in th ct gory as the adult . Da 9 Hol 18 Hol Gr n ee $4.00 S6 .75 NO N-RESIDE NT FEE $4 .75 $7 .50 Senior Resident • $3 .00 $4.50 (w kday only) S niora mu b 62 years of e o r old r • • I • • • C. Cart Fees Carts • • • 9 Hole $7.00 18 Hole $12.00 D. Locker Fees Yearly -$45; Monthly -$7; Daily -Sl. E. Tournament Fees Weekend -$22 per person. Weekday -$16 per person. F. League Fees -$20 per person. G. Resident Junior Program 3~4t>i- $50 per ~ for11June, JJi y and August $20 per month for June, July or August (play restricted to walk -o n basis -10:30 A.M. to 2: 30 P.M. week days on l y } ~·'T'<ll. ,\.J..w..·,.J.J- Resident Junior -a resident who has not reached 18 years of age and has completed a class in basic golf, fundamentals, golf regulations, and golf etiquette as provided by the Recreat i o n Department. This require- ment can be waived by the Golf Pro if, in his opinion, after observation, the yout h possesses these fundamenta l skills and training. In addition to the above j uni o r fe e; a charge of S.25 for each nine played shall be pa id on t he day of play. S c tion 2. The charges and fees contained in this Res ol uti o n sha ll b e ff ec tive January 1,198 3 . ADOPTED AND APPROVE D t his 6th da y of December, 19 82. A test: e x officio City Clerk-T r easurer Eu g e n e L . Otis , Mayor 1 , Gary R. Hi gbee , e x officio City Cle rk -Tr easu r e r of the City o f Engl wood , Colo r a d o , hereby c rt ify t ha t t h abo ve and fo r e g oi ng i true , ccurat a n d co mp l te co p y of R sol ut ion No . , Series of l 82 . Gary R. Hig b 2 • I • • • • • - C O U N C I L C O M M U N I C A T I O N DATE November 29, 1982 AGENDA ITEM ~B SUBJECT Animal She 1 ter Modificat ion and Incinerator Repairs INITIATED BY ~~~~C~i~ty.__M~a_n~a,ge~r~~~~~~~~~~~~~~~~~~~ ACTION PROPOSED~~~R_e_co_mm~e_n_da_t_i_o_n_f_o_r_A_w_a_r_d_o_f~C_on_s_t_r_uc_t_i_o_n_C_o_n_tr_a_c_t~s~~~ for Animal Shelter Modifications and Incinerator Repairs. BACKGROUND The Englewood Animal Shelter located at 2760 South Platte River Drive has been in need of major repairs and modifications for several years. The Engineering Ser vices Staff reviewed the problem area s and offered alternatives and reconnen- dations for needed repairs which could be accompl is hed with ava ilable funds. The following i tems are i n need of repair : 1. Modify and upgrade interior wate r distribution system and drains in the building to provide adequate waste flushing. 2. Reloca te euthanasia chamber outside to provide more work area in the building and easier access to the chamber . 3. Repair severe expansion cracking between floor and walls at several locations. 4 . Install new fence around rear exterior work area where eu than asia ch mber and incinerator are located. Thee isting Schmidt 500 pound per hour Class IV incinerator is old an d literally falling apart. In addition, it is potentially dangerous, very in effi cient and expensive to operate. It is highly probable that the inci nerator is not meeting required clean air standards. It was detennin d tat a complete overhaul of the existing unit would be more practical and econ0111ical than purchasing a comparable new unit since the cost of a new unit would be $5 0,000 to $60,000 . Plans and specifica tion s were prepared by the Engineering Serv ices Staff for the Animal Sh lter Modifications and the incinerator repairs and bids were received and opened on November 23, 1982 . I • • • • • • FINANCIAL Money for payment of the work is available in the Public Improvement Fund, Account No . 03-72, Animal Control Shelter in the amount of $33,000. Estimated total co st of work based on low responsible bids received is $30,154.25. RECOMMENDATION Bids for the Animal Shelter Modifications (water distribution system, relocate euthanasia chamber, fence, crack repairs) were received from the following: Rob Roy Construction Company Riley's Construction Company Douglas J. Still, General Construction H. Ginsberg & Daughter Construction Engineer's Estimate $ 7,875.00 $ 9,500.00 $10,450.00 $12,486.00 $10,000.00 Only one bid was received for the Incinerator Repairs from Environmental Enterprises Inc., who manufactures this brand of incinerator, in the amount of $22,279.25. Several other companies were contacted to bid the project but were reluctant to bid since they did not manufacture the unit and were not familiar with its construction or operation. It is felt the bid receiv~d is reasonable and consistant with the Engineer's Estimate of $21,000.00 and the cost of $50,000.00 to $60,000 .00 for a comparable new unit. It is rec0!111lended that the contract for Animal Shelter Modifications be awarded to the low responsible bidder, Rob Roy Construction Company of Englewood, Colorado, in the amount of $7,875.00. It is recrnrme nded that the cont act for Incinerator Repairs be awarded to the only responsi ble bidder, Enviro nmental Enterprises, Inc. of Denver, Colorado, in the amount of $22,279.25. • I • • • • • C O U N C I L C O M M U N I C A T I O N DATE AGENDA ITEM SUBJECT Managerial/Supervisor y December 2, 1982 8 (c) Benefit System INITIATED BY ~~~~~~-An~d_y_M_c_c_o_wn~_'_C_i_t_y~Ma~n_a_g_e_r~~~~~~~~~ ACTION PROPOSED,~~~~~-A_p~p~r_o_v_e~a_t_t_a_c_h_e_d~R_e_s_o_l_u_t~io_n_s~~~~~~~~ BACKGROUND Attached are three (3) Resolutions which describe benefit . levels and wage adjustments for managerial/supervisory employ~s of the City. These Reslutions are necessary as a result of passage of the Charter Amendments which exclude managerial and supervisory employees from coverage of any collective bargaining agreements. Council Bill No. 89 implementing these Charter changes also repeals various sections of the existing City Code governing personnel administration. Since managerial and supervisory employees are no longer covered by the collective bargaining agreements or City Code, some provisions must be mad to spell out th ir levels of benefits, The attached Resolutions provide for this. The level of benefits described in the Resolutions are the same a those provided in 1982 with no substantive changes except that th tuition refund program has been rewritten to more accurately reflect City Council's direction and current practice . adjustm nt, eff ctiv January 1, 1983 ii recoamended for tho• mploy ea covered by thee Re1olution1 except for thos froz n positions who• curr nt wag xc ds the City's wag •ch dule for the position by 6% or mor in which ca,e the mploy shall receive a 6% wag adjustment eff ctlv January 1, 1983. RECOMMENDATION That th attach d R solutions provldin l vel• or m nagerlal and 1up rvisory b n fit and wage adju1tmen t ployees b approv d, • I • • - • RESOLUTION NO ~ SERIES OF 1982 • • • A RESOLUTION FOR A BENEFIT SYSTEM FOR MANAG ERIAL AND SUPERV ISORY EMPLOYEES OF THE FIRE DEPARTMENT OF THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the City Council, by Charter Amendment effective April 13, 1981 provided for the establishment of managerial and supervisory employees within the service of the Citj of Englewood ; and WHEREAS, the City of Englewood deems it is necessary to establish managerial and supervisory employees with full responsibility to the City in order that the City be able t o fulfill its mission to provide competent , respons i ble governm ent to Englewood citizens; and WHEREAS, by virtue of supervisory or managerial du tie s assigned to positions by the City , the City of Englewood Car eer Service Board has determined that the following positions are managerial or supervisory and as such are therefore excluded from membership , participat i on and /or representation in any ' collectively bargained employee relations system of the City of Englewood ; and WHEREAS, the City of Englewo o d desires t o establish and main t ai n a sound and beneficial employment system to benefit t he City and managerial and supe r vi s o ry employees o f the City . NOW , THEREFORE , BE IT RESO LVED BY THE CI TY COUNCI L OF THE CI TY OF ENGLEWOOD , COLORADO ; Section 1 . That there is hereby established t h e following system of wage and benefits for the manage r ial and s u p e r visory employees of the Fire Department of the City of Engle - wood : • I • • • • - BENEFITS RESOLUTION FOR FIRE DEPARTMENT'S MANAGERIAL AND SUPERVISORY POSITIONS The following Fire Department 's p os itions shall be represented by this Resolution: Administrative Battalion Chief Line Battalion Chief Captain ARTICLE I. HOURS OF WORK Employees of this Resolution are expected to work the hours necessary to achieve efficient transaction of business which in most instances wi ll exceed an average of 56 and 40 hours of work per week. ARTICLE II. ACTING PAY All a cting positions will be compensated at one-half the diff e rence betwe n the employee's actual classificstion and that in which he is acting as approved by the app oi nt i n authority, na ly the City Manager. The employee must be in th position for a period of thirty (30) consecutive calendar days before said employee becomes ligibl for acting position compensation. Such pay vill be r troactive to the first day said employee assumes the r sponsib111ty of the pos i tion. ARTICLE III. ANNUAL LEAVE A. Non-shift work e111>loy ntitled to fift en (15) days of annu 1 lave ch y ar. Annual le v shall accumulat monthly at the rat of on nd on -fourth (1~) days pr month of ctive s rvice. In ord r to qu alif y for annual 1 av er dit during th month, the mployee must hav worked at 1 at one-hal (~) of th working days of that month excludin authoriz d paid leav. Annual le v shall not b grant d to any mployee until h has b en in th employ of th City for at 1 a t on y r unl sa otherwia authoriz: d by the Chi f. e mploy havin 1 as than ten ( 10) y ara of co ntinuous servic , the maximWII a cumulation of annual leave shall b thirty (30) days. Aft rt n (10) y sra of continua s rvice, non-shift work employe s shall b ntitled to i ht en (18) days of annual leav each year. Annual lave shall ac cumulate at th rate of one and one-half (1~) days of annual 1 av per n th of activ I rvic. Said maximum accumulation ahall be forty (40) days. I • • • • • Page 3 ARTICE IV. PERSONAL LEAVE Effective J anua ry 1, 1983 , a ll employees covered by thi s Res olution shall be gran ted 48 hours of personal leave time wi th pay which an employee is entitled to use for the foll ow ing purposes: A. Time los t as a result of illness/injury to the employee or the employee's immediate family. B. Attend personal business. C. Leisure time. For any employee who has not used the 48 hours of personal leave time endin De cember 31, of each year or any portion thereof, the City will compensa te said em ployee for the unused time at the employees regular wage rate to be pa id the fi rst pay period in January of each s uccee ding year. Pt!rsonol leave Lime sh.ill no t exceed 48 hours nor shall it be accumulated or carried over from one year to the next. Personal leave shall be scheduled and administered under the direction of the Department Head or supervisor. In the event of illness/injury in which personal leave is requested, shift work employees shall notify their supervisor at least one (1) hour prior to their scheduled reporting time, all other employees shall report at the beginning of their scheduled reporting tim Personal Leave shall be prorated for employees beginning and terminating empl oyment with the City during the calendar year. ARTI CLE V. DISABILITY -TEMPORARY (OON JOB RELATED) De finition Temporary disability is leave granted for non-service connected injury or illness of an employee which disability prevents the employee from p rformlng his/her duties as a City employee. Provision J anuary l, 1983 , the City will provide temporary disabili ty leav with p y for employee's absent as a res ult of illness/injury at the rate of 100% of the employ e's regular wage up to 180 calendar days/60 shif ts. Temporary disability leave shall not be accumulative except that on J nuary of each ye r th City shall restore 100% of th number of days/shifts us d by an employee during the preceding year up to a ximum of 90 days or 30 shif a. Uti lization A. Authorization for temporary disability 1 v with pay shall only be ranted after the first shift/day of disability. B. Authorization for temporary disability shall only be grant d f or the foll owin reasons: 1. Illness or injury of the employe not service conn cted, includin maternity. • • I • • • • • Page 4 Sick Leave Option All sick leave accrued by permanent employees prior to January 1, 1980 shall vest with the employee, and may be used in the following manner: A. After the 180 days/60 shifts as described above, have been used , unl ess the employee is entitled for retirement as a result of disability. B. By cashing in all accrued aick leave accumulated under the previous plan upon normal retirement or separation from the City at the rate of one hours pay for each two hours of accrued sick leave at the employee's regular wage rate. C. By cashing in accrued sick leave under the previous plan, once each year at the conversion rate of four (4) hours sick leave for one (1) hour pay, not to exceed a conversion of more than 400 hours each year. Reporting of Temporary Disability The employee or a member of the employee's household shall notify the employee's supervisor/department head at least 30 minutes prior to the employ e's scheduled reporting time. No temporary disability leave will be granted to an employee who fails to notify their supervisor prior to the beginning of the employee's work schedule unless otherwise authorized by the employee's, supervisor/Fire Chief. Verification of Disability An attending physician's statement will not be necessary 1.mtil af ter on day/shift of disability, except when required by the Fire Chief. If th Chi f requires the employee to aee a phyaician, the City will pay the coat of auch examination and/or office visit. Abuse of Temporary Disability Abuse of temporary disability occurs when an employee misrepresents th e actual reason for requesting temporary disability or when an employee us temporary disability leave for unauthorized purpose&. An employee who makes a f alse c l im f ort mporary disability leave shall be subje c t to disciplinary action o r dislliasal. ARTICLE VI. ON-TIU~JOB INJURY -DISABILITY A. For any on-th~job iajury which cauaee any mployae to be abs nt from work u a result of such injury, the City shall pay to such employee hia full wa fro the firat day of hia aba nee from work up to and including the 90th ca l nd r day of s uch abs nc, leaa what var SI.Ba received by the employ•• u diaabili y b n f its under worka n's compan1ation. The City reserves the right to requir any employ • on injury or disability leave to submit to an axallination(a) by Ci y- appoint d phyaician(a) at th City's expanse or und r the provision of rk n '1 c omp naation or the retirement/penaion provision aa provided under State atu t a . B. All injuri a that occur during working houra shall be reported to the elll)loy •'• sup rvi1or within 24 hours of the iajury or b fora the allll)loy laav t hird part nt of amploym nt. • I • • • • • • Page 5 ARTICLE VII. MIUTARY LEAVE A. Any permanent or probationary employee who e nlists or is inducted into t he military, naval, air or other armed services of the United States in time of war shall be entitled to a leave of absence without pay fo r the duration of such war or until honorably discharged, whichever occurs first, and for one (1) year thereafter. B. Any employee who shall be a member of the National Guard or any other component of the military forces of the State, now or hereafter organized or constituted under the State or federal law, or who shall be a member of the reserve forces of the United States, naw or hereafter organized or constituted und er federal law, shall be entitled to leave of absence from his employment without loss of pay, seniority, status, efficiency rating, vacation, sick leave or other benefits for all the time when he is engaged with such organization or component in training or active service ordered or authorized by proper authority pursuant to law, whether for State or federal purposes, but not exceeding fifteen (15) days in any calendar year. Such leave shall be allawed in case the required military service is satisfactorily performed, which shall be presumed unless the contrary is estab lished. C, Such leave shall not be allowed unless the employee returns to his public position immediately upon being relieved from such military service and not la er than the expiration of the time herein limited for such leave, unless he is prevented from so returning by physical or mental disability or other ca1¥1e not due to his own fault or is required by proper authorities to continue in such military service beyond the time herein limit~d for such leave. D. Subject to provision A, Band C abov, the City shall provide full pay to an employee granted military leave, less whatever compensation the employee may have received by the mi 11 tary for auch service. ARTICLE VIII. FUNERAL LEAVE Th Department He d shall grant leave with pay to an employee to a tend the fun ral of am mb r of th mployee'a family. The number of days grant d shall be gov med by the circumstances of the case, but in no event shall h y exceed fiv (5) working days. For th purposes of this s ction, " mploy • family" h 11 an th mploy e's spouae, or th childr n, grsndchildr n, par nt , grandpar nts, broth rs nd sister of th employ or of th mployee's sp< u Annu 1 le v may be grant d by th part nt Had if additional ti off is d d appropriate. ARTICLE IX, JURY DUTY AND WITNESS SE1lVICE L.eav may be rant d to an mploy !or aervin on jury duty or as a witn a in his official capacity in ob din• to a subpoena or dir ction by 1 al au hority. H shall b antitl d to th di£ erenc betv n his re ular compensation and th f s r c iv d for jury duty or as a witn H, Wh n he is aubpoen d as a witn in private liti ation to teati y, no in his official capacity but l, th ti ban b r aeon ther of shall be tak n annual la or 1 v without pay • • I • • - • • • • Page 6 ARTICLE X. HOLIDAYS Shift workers, i.e. (Line Battalion Chiefs), who work an average of 56 h ou r s per week are required to work the authorized City holidays and are excluded from additional coq,ensation or coq,ensatory time off as a result of working said holidays . (No t e : Th e 198 2 and 198 ) base wage for shift workers including Line Battalion Chiefs, was adjusted to include 44 hours respe c tively each year of holiday pay t o compensate said employees who are required to work these holidays.) Non-shift workers, i.e. Captains and Adalinistrative Battalion Chiefs , wh o work an average of 40 hours per week shall consider the following days as offi cial City holidays: 1, New Year's Day: January 1. 2. Washington's Birthday: the third Monday in February. 3. Memorial Day: the last Monday in May. 4. Independence Day: July 4. 5. Labor Day: the first Monday in September. 6. Veteran's Day: November 11. 7, Thanksgiving Day: the fourth Thursday in November. 8. Fourth Friday of Noveaber following Thanksgiving Day. 9. Chris tau Eve: December 24. 10. Christmas Day: December 25. 11, New Year's Eve: December 31. , A. Any eaployee covered by this Rasolution who does not perform duty scheduled on the working days imaediately prior to and following a holiday shall not receive pay for the holiday unless othetwiae authorized by the department head. B. Non-shift workers required to work on an official City holiday may receive equivalent time off at the discretion of the departlllent head. C. When any of the foregoing holidays fall on a Sunday, the following Mond ay shall be observed aa the legal holiday. When any of the foregoing holidays fel l on a Saturday, each employee shall be entitled to a day off for such holiday, which day off shall be scheduled as the City Manager and/or Department Head determines, but no specific day shall be observed as a holiday for purpose of c losing City offices and functions. This provision shall not apply for em ployee performing shift work. ARTICLE XI. UNIFORM CLEANING ALLOWANCE If an aployee ia required to wear a uniform, the eaployee shall wear the uniform only u authorized by the department work rulea. All eaployeu shall maintain a presentable appearance while on duty. The eaployee ia reapoiwible for any damage to the uniform by negligence or deliberate act. The City will be reeponaible for providing and cleaning of said uniforaa. The City will provide 50% of the coat of safety ahoea up to $30.00 per year. ARTICLE XIV. rutnoo RErurn elation of the Department H d and aft r prior apprcw l of r, ti\ City of ~glel«>Od may reimburs an loy for a i - -~---~----~-------•• _ ____. ___ ---~ I • • • • • • Page 7 factory completion of attempted course w:irk of Grade C or above for undergraduate an~ graduate classes at 70% of private institution tuition rates. 'lhis includes reunbursement. at 100% for ~e cost o~ required tuiticn texts. Employees shall be re~uired to enter into a written agreement stipulating continued employment if the employee accepts tuition reimbursement or the following schedule of satisfactorily completed credts or reimbursement the City on a pro-rata basis. Nunber of Credits ConJ>leted 12 or less 13-30 31-60 61-120 121 and above ARTICLE XIII. LIFE INSURANCE Length of Required Continued Fmployment 6 months 1 year 1:\12 years 2 years 3 years Term Life Insurance will be provided by the City for employees cover d by this Resolution of $35,000 for each eq,loyee. A conversion privilege ~on retirement of 50% coverage payable by the employee will be made available by the City for said retired employee. ARTICLE XIV. DENTAL INSURANCE During the life of this Resolution, the City shall pay 100% of the premium cost for the City Dental Insurance Plan or other plan which may be select d by the City as a substitute for the City Dental Plan for each single and dependent policy holder. Employees may be required to assume premium rat increases during the life of this Resolution in excess of $10 of sing! and $30 of dependent cove rage. Any dispute concerning the int rpretation or application of b ne fit s und r the Dental Plan shall be subject to the dispute resolution proc dur only. ARTICLE XV. HEALTH INSURANCE -EMPLOYEES/RETIREE.5 A. During the life of the R solution, the City shall pay 100% of the pr mlum coat for the City Health Insurance Plan or other plan which may be ael ct d by the City aa a substitute for the City Health Plan for ach single and depend nt policy holder. Employ es may be required to asaum premium rate increases during th life of this Resolution in xcess of 10% of the 1981 premium for single an d dep ndent cov rage. B. Any dispute cone rning the interpr tation or application of ben fits provid d under th H 1th In urance Plan shall be subject to th diaput resol uti p roe dur only, c. tire a prior to January 1, 1980 will be provid d health inauranc cov ra by th City on a non-participating baaia. The covarage will coordinat with M dicaid and Hedicar wh r v r applicable. Retir aft r January 1, 1980 I • • - • • • • • Page 8 will be guaranteed conversion privileges to the Health Insuranc e Plan available through the City. The City will pay 50% of the cost of coverage of the conversion plan up to a maximum of $50 per month . ARTICLE XVI. LAYOFF A. Whenever there is lack of work, lac It of funds, or under condi tions where it is determined that continued work vould b• inefficient or non-productive, requiring reductions in the n\&har of employ .. ,, the appointing authority sh a ll designate the department and poaitiona in vhich the layoff is to be -de . Upon such determinations, the required ntabar of employees in the affected depar tment and position shall be placed on a recall list or transferred by the appointing authority, each in order of his relative length and quality of service as shown by the personnel records. B. Employees on layoff shall be recalled in the order of relative l ength and quality of service as shown by the par1onnel records provided that thos e recalled have the demon.atrated ability and qualifications to perform the available work as determined by the City. The recall list shall terminate after on e (1) year. ARTICLE XVII. LEAVE OF ABSENCE (WI11101.Tr PAY) Eligibility Permanent employeea may be granted a leave of ab1ence without pay f or reasons of education whi ch is allied to t he dutiaa of the City, settlement of an ea t a te , child care, Hrioua illneBI of a member of the employee'• family, but sh all no t be used for the purpo1e of obtaining employment el111Where. Leave without pay shall not exceed s ix (6) month• of any year but -y be extended upon requ at for an additiona l lix (6) months. The total leave ti .. shall not exceed one year. Upon return fro approve d leave, the employee will be res tored to t he i r fo r position i f avai lable o r t o a p os ition comparable for which the empl oyee 1a q uali f ied. During periods of unp•id leave, employees s hall not continue to a ccru service credit or be eligible f or any City benef i ts, Application for Lav A raque1t for a lea of abHnca without p ay 1hall be 1ubtld.ttad in writi by the employee to tha employ•'• dep a rtment head. The requ at shall indicate th raa1on th lea of ab1enca ia bein raque1t d ind the approximate len th of 1 av time requeetad. Conaid ration o gua1t Toa d pa rt nt h aad 1ba ll gra nt or d ny laav reque1 t1, t akin& into conlid ra- tion th d pa r taant1 work fores, wotk lo1d an d th amp loyaaa r aq ue1t, Failur urn If an lo • faill to return by th da ta of 1 a~ expira tion , th loy 1hall b C eider d to h vol\.l\ arily r .. i ad froa th 1.rvi~ of th City, • I • • - • • • • • • Page 9 ARTICLE XVIII. DISPUT E RESOLUTION In the event there is any dispute concerning th interpretation or applica- tion of theae or any other benefits either written, implied, or practiced, said dispute will be submitted for resolution through the dispute resolution procedur as provided for and administered by the City Manager and his/her designa ted represent ative. ARTICLE XIX. WAGE PROVISION Employees covered by this Resolution will receive a wage adjustment increase a,reraging 8% effective January 1, 1982 . In addition to the 8% increas provided h rein, line Battalion Chiefs shall hav added to the ir base wage a total of 88 hours of holiday pay which shall provide a tot al monthly salary of $2 ,906 • • I • • - • • • • • • ADOPTED AND APPROVED this 6th day of December, 1982 . Attest: ex officio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and complete copy of Resolution No. , Series of 1982. I I • • n - • • RESOL UTION NO. { \ SERIES OF 1982~~ • • • A RESOLUTION FOR A BENEFIT SYSTEM FOR MANAG ERIA L AND SUP ERV ISORY EMPLOYEES OF THE POLICE DEPARTMENT OF THE CITY OF ENGL EWOOD , COLORADO. WHEREAS, the City Council, by Charter Amendmen t e ffective April 13, 1981 provided for the es t ablishment o f managerial and superv i sory employees within th e service of the City of Englewood ; and WHEREAS, the City of Englewood deems it is necess ary to establish managerial and supervisory employees with full responsibility to the City in order that the City be able to fulfill its mission to provide competent, responsible government to Englewood citizens ; and WHEREAS, by virtue of supervisory or manager i al d uties assigned to positions by the City , the City of Englewood Car eer Service Board has determined that the following positions are, managerial or supervisory and as such are therefore excluded from membership, participation and/or representation in any c ollectively bargained employee relations system of the City o f Englewood ; and WHEREAS , the City of Englewood desires to estab lish and maintain a sound and beneficial employment system t o bene fit t h e Ci ty and managerial and supervisory employees of th e City . NOW, THEREFORE , BE IT RESOLVED BY THE CIT Y COUN CIL OF THE CITY OF ENGL EWOOD , COLORADO ; Section 1 . 'lllat there is hereby stablished the following syst m of wage and benefits for th manag rial and supervis ory employ s of the Polic Department of the City of Engle- wood : • I • • n - • • • • • BENEFITS RESOLUTION FOR POLICE DEPARTMENT'S MANAGERIAL /SUPERVISORY POSITIONS The following Police Department's positions are covered by this Resolution: Captains Lieutenants Senior Support Service Technician ARTICLE I, HOURS OF WORK Employees covered by this Resolution are expected to work the hours necessary to achieve efficient transaction of business, which, in most iO'Jtances, will exceed an average of 40 hours of work per week. ARTICLE II, ACTING PAY All acting posit1ona will be compensated at one-half the difference1 between the employee's actual claasification and that in which he is acting as approved by the City Manager. The employee must be in the poeition for a period of thirty (30) consecutive calendar days before aaid employee beco111es eligible for acting position compenaation, Such pay will be retroactive to the first day said employee assumes the responsibilitiea of the position. ARTICLE III. LONGEVITY Effective January l, 1982, lonpvity compensation will no longer be ccrued for any employees covered by this Resolu~ion. However, for those employees receiving longevity c ompensation prior to January l, 1982, t hey shall continu to receive said compensation at their present rate per mon th. Employees with less than 5 years of continuous service with the City as of J anuary 1 , 1982 will not be eligible for longevity c~ensation at any time. For those eligible employ es, the amount of longevity compenaation shall be computed from the following schedule: Yeara of Continuous Service Aa Of 1/ 1/82 Aaount of Compensation 0-4 None 5-9 $12 per month for $144 per year, except for those amployeu who haw not co-.,lated 6 full years of c ontinuoua sarvic on Dacalllber l of any year , wh ich a mployaaa shall raceive an amount equal to $12 for each full month of complatad continuous sarvic. after completion of 5 years of continuous aarvice up to December 1 • • I • • • • Page 2 10-14 15 -19 20 or • • • $24 per month for $283 per year, excep t for t hose employees who have no t c omp lete d 11 full y e ars of continuous service on December l of any year, whi ch emp l oyees s hal l r eceive $1 44 p l us sn amount equal t o $12 fo r each f ul l month o f comp leted conti nuous service af t er comp l e tion o f 10 years of continuous service up to De c ember 1. $36 per month of $432 per year, except for thos e employees wh o have not completed 16 full years of continuous servi ce on De c ember l of any year, whi ch employee shall receive $288 plus an amount equal t o $12 for each full 1110nth of completed continuous service after comp letion of 15 years of service up to December 1. more $48 per month for $576 per year, except for those employees wh o have not comple ted 21 full years of continuous service on Decembe r l o f any year, which employee shall rec eive $432 plus an amount equal t o $12 for each full month of completed continuous service after completion of 20 years of continuous service up to December 1. ARTICLE IV. ANNUAL LEAVE A. Employees c overed by this Resolution shall accumulate annual l eav monthly at the rate of 1~ days per month of active service. Annual leav. s ha ll not be granted to any employee until after completion of twelve (1 2) mon ths c onsecutive service with the City unless otherwise authorized by the de par t ment head. In order to qualify for annual leave c redit during the month, the employ e must have work e d fo r at l e ast one-half(~) of the working days o f t hat mo nth exc luding authori zed paid l e ave . For those employees having lees than ten (10) years c onti nuo us service , the maximum acc umula t ion o f annual leave shall b thirt y (30) d ays . B. Afte r ten (10) y ears of c ontinuous service with t he City, mp l oy s shall accum ulat annu al l eave a t t he rte of 1~ day s o f a nnual leave pe r nth of act ive service . In o rder to qual i f y f or annual leave c r e di t du ring the month, t he e mpl oyee must have wo rk e d for a t least o n -ha l f(~) of the wo r king day s of that mo n th excluding authoriz d paid 1 a ve . !he maxi mum a c c umu lation shall b 40 days. C. Ac cumulation of for any purpos afte r t h nnu 1 lea v shall neither be authoriz d nor computed maximum a ccumulation has b en reached. 1lt ch dule f o r use of annual leav shall bed termine d by the ne ds of the d part nt. An nu l leave sh 11 b tak en a t a time conve n i ent to and appro d by th d pa r tme nt h ad or sup rvisor • Annual Leave Pay 1lte rate of nnual leave pay ahall b the employ e 'a regular atr a i aht tim hourly rat of pay for th mploy '• regular job and char g don a work ing ho ur baaia, xcluding holiday• a nd r gula r daya off. Ann ual lave shall b all d only to t h total hourly amount accumulat d at t h b inning of tha 1 a , aa • I • • • • - Page 3 verified by the department head. Employees may receive their annual leave pay no earlier than three (3) days prior to the start of their annual leave, provided the employee makes a written request to their supervisor fifteen (15) c alendar days prior to the start of their annual leave. Work During Annual Leave If after the employee has begun their annual leave and the City requires the employee to work during the scheduled annual leave period, the employee shal l not be charged with vacation time for the n1m1ber of hours worked. How Charged Annual leave for employees covered by this Resolution shall be charged on an hour for hour basis excluding regular days off. Minimum Usage There shall be a one-week minimum on use of annual leave time, unless other- wise authorized by the Police Chief. Annual Leave Pay Upon Separation Any employee who ia separated from tha aervice of the City, i.e. re\irement, termination or layoff, shall be compensated at the employee's regular wage rate for the unused annual leave time accumulated at the time of separation. ARTICLE V. PERSONAL LEAVE Effective January l, 1983, all employees covered by this Resolution shall be granted 48 hours of personal leave time with pay which an employee•is entitled to use for the following purposes: A. Time lost as a reault of illness/injury to the employee or the employe e's i111111ediate family. B. Attend personal business. C. Leisur time. Por any employ e who hu not uaed the 48 houra of personal leave ti endin Dec mber 31, of each y r or any portion thereof, th City will compenaat aid mploye for the unuaed ti1111 at the 11111loyee'a regular wage rate to be paid the firat pay period in January of each aucc edin year. Personal leave ti shall not exceed 48 houra nor shall it be accumulated or carried ov.ar from one year to the next. Peraonal leave shall b ach dul d and adminietered under the direction of the department head or euparviaor. In the event of illn as/injury in whi ch personal leave ia requaated, ehift work 111ploy ehall notify their auperviaor at leut one (l) hour prior to th ir ech duled reporting time, all other employees ehall report et the b innin of th ir scheduled reporting time. Peraonal laav ahall be prorat d for e111ploye a b innina and terminating mp loyaant with the City durin th calendar y ar • • I • • • • • • Page 4 ARTICLE VI. DISABILITY -TEMPORARY (NJN JOB RELATED) Definition Temporary diaability is leave granted for non-service connected injury or illness of an employee which disability prevents the employee from per forming his/her duties as a City employee. Provision January 1, 1983, the City agrees to provide temporary disability leave with pay for employees absent as a result of illness/injury at the rate of 100 % o f the employee's regular wage up to 180 calendar days of disability. Temporary disability leave shall not be a cc\Dulative except that on January I of each year the City shall restore 100% of the number of days used by an emplo ye during the preceeding year up to a maximum of 90 days. Utilization A. Authorization for temporary disability leave with pay shall only be granted after the first day of disability, B. Authorization for temporary disability shall only be granted lior the following reasons: 1. Personal illness or injury not service connected, including maternity. Sick Leave Option All sick leav accrued by pennanent employees prior to January I, 1980 shall vest with the employee, and may be used in the following 111&1\ner : A, After the 180 days as described above have been used unless th e~loyee is entitled for retirement as a result of disability. B, By cashing in all accrued sick leave acc\allulated under the previous plan upon normal or disability retirement or separation from th Ci y at the rate of one hours pay for each two hours of accrued sick 1 ave. C. By cashing in accrued sick leave under the previous plan, once each year at the conversion rate of four (4) hours sick leave for on (1) hour pay, not to exceed a conversion of more than 400 hours each year. Reporting of Ta111Porary Disability TIie employa or am mber of the employee's household ehall notify the employe 's a upervisor or department head at leaat 30 minutes prior to the employ e's schedul d reporting time, No temporary diaability leave will be granted to an employe who fails to notify their sup rviaor prior to the beginning of the mployee's work sch dule unle11 otheniiae authoriz d by the mployee'a uperviaor or department had • I • • • • • • Page 5 Ve r ifi c a t i on of Di sability An a t tendi ng p hysician's sta t emen t will not be necessary unti l after t h ree (3 ) d ays o f disabi li ty, exc ept when requi red by t h e Olie f of Police . If the Chief requires the physi c ian's statement before the t hree (3) days of disability r eq uirement, the City shall bear t he c ost of such phy sician 's stat emen t. Ab use o f Temporary Disability Abuse o f temporary disability occurs when an emp l oyee misre p res ent s th e ac tual reason for r e questing temporary disability or when an emp loye e uses temporary disability leave for unauthorized purposes . An employee who makes a false c laim for temporary disability leave shall be s ub ject to disciplinary a ct ion or dismissal. ARTICLE VII. O~THFr-JOB INJURY -DISABILITY A. For any on-the-job injury which causes any employee to be abs ent from wo rk as a result o f such injury, the City shall pay to such enq,loyee his full wages f rom the f irst day of his absence from work up to and including the 90th c alendar day of such absence, less whatever sums r eceived by the employ ee as d i sability wa ges under workmen's c ompensation . The Ci ty reserves t he r ight to require any employee on injury or disability l eave to submit to an examiqation(s) by City-appointed physician(s) at the City 's e xpense o r under the provis i on of wo rkmen's c ompensa t ion or the r etirement /pensio n p rovisions as provi ded under S t a te Statut e. B. All i njuries tha t occur during working ho urs shall be r e port ed to the e mployee's supervisor wi thin 24 ho urs of t he inj ury o r b efore the emp loyee l av t h e ir departmen t of e mp loymen t . ARTICLE VI I I. MILITARY LEAVE A. Any perman n t or probation ary emp loye who e nlists o r is indu ted into the military, naval, air or other armed s rvices of th United Stats in tim of war shall be entitled to a leave of absence without pay for the duration of such war o r until honorably di charged, whichev r occurs first, and for on (1) year th r fter. B. Any mployee who shall be a memb r of the Nation 1 Guard or any oth r component of the military fore of the Stat, now or hereaft r organiz d or constituted und r th State or federal law, or who shall b a mb r of the reserv forces of the Unit d States , now or hr aft r organized or constituted under fed ral law, shall b entitled to leav of ab nc from his mplo}'lllent without loss of pay , seniority, atatus , ffici ncy rating, v cation, sick lesv or oth r b n fit for all the tim when he ia ng g d with such organization or component in training or activ service o r der d or authorized by prop r authority pursu nt to law, wh thar for Sat or fe deral purpose , but not exce ding fift n (15) day, in any cal ndar y ar. Such l av ,hall be allow din caa th requi r d military, rvice 1, eatiefactor!ly pe r formed, which hall be pr e\mled unless th con rary 1, e, ablish d • I • • • • - Page 6 C. Such leave shall not be allowed unless the employee returns to his public position immediately upon being relieved from such military service and not later than the expiration of the time herein limited for such leave, unless he is prevented from so returning by physical or mental disability or other cause not due to his own fault or is required by proper authorities to continue in such military service beyond the time herein limited f o r such leave. D. Subject to provision A, B, and C above, the City shall provide full pay to an employee granted military leave, less whatever wages the employee may have received by the military for such service. ARTICLE IX. FUNERAL LEAVE The Department Head shall grant leave with pay to an employee to attend the funeral of a member of the employee's family. The number of days granted shall be governed by the circumstances of the case, but in no event shal l they exceed five (5) working days. For the purposes of this section, "employe e 's family" shall mean the employee's spouse, or the children, grandchildren, parents, grandparents, brothers and sisters of the employee or of the employee's spouse. Annual leave may be granted by the Department Head if additional time off is deemed appropriate. ARTICLE X. JURY DUTY AND WITNESS SERVICE Leave may be granted to an employee for serving on jury duty or as a witness in his official capacity in obedience to a subpoena or direction by legal authority. He shall be entitled to th difference between his regular compensa- tion and the fees received for jury duty or as a witness. When he is subpoenaed as a witness in private litigation to testify, not in his official capacity but aa an individual, the time abs nt by reasons th reof shall be talten aa annual leave or l ave without pay. ARTICLE XI. HOLIDAYS A. Th following day shall b corwider d official holidays by th City : l. w Year's Day: Janu ry l. 2. W shin ton'• Birthday: th third da in F bruary. 3, Memorial Day: th laa Monday in Kay. 4. Ind p nd n a Day: July 5. Labor Day: the Cira nda in pteab r. 6. Vet ran'• Da: ov lllber 11. 7. Thankagivin Day: th fourth Thursday in o aber. 8. Fourth Friday of r foll ing Thanks ivin Day. 9. Chris oaaa ve: r 24. 10. Chriat111aa Day: r 25. 11. N w Y ar's v r 31. IS. Any ~loy co d by ach dul don th workin day 1 not r c iv pay for th holid y h ad. nt I • - • • • • • Page 7 C. Employees req uired to work on an official City holiday may receive equivalent time off at the discretion of the deparonent head. D. When any of the foregoing holidays fall on a Sund ay, the following Monday shall be observed as the legal holiday. When any of the foregoing holidays fall on a Saturday, each employee shall be entitled to a day off for such holiday, which day off shall be scheduled as the City Manager and/or Department Head determines, but no spec ific day shall be obs erved as a holiday for purpose of closing City offices and func t ions. ARTICLE XII. UNIFORM CLF.ANING ALLOWANCE If an employee is required to wear a uniform, the employee shall we ar th e uniform only as authorized by the department work rules. All employees shall maintain a presentable a ppearance while on duty. The e mployee is respo nsible for any damage to the uniform by negligence or deliberate act. The City will be responsible for providing and cleaning of said uniforms, ARTICLE XIII. nnnoo REFUND Upon reconrnendation of the Department Head and after prior approval of the City Manager, the City of Englew:xxl may reimburse an employee for satis- factory COl!l>letion of attempted course 11«>rk of Grade C or above for undergradua ce and graduate classes at 7~ of private institution tuition rates. This includes reimbursement at 1001 for the cost of required tuition texts. Fmployees shall be required to enter into a written agreement stipulating continued employment if the employee accepts tuition reimbursemen t for the following schedule of satisfactorily completed credts or reimbursement th e City on a pro-rata basis. Nunber of Credits leted 12 or less 13-30 31-60 61-120 121 and ve ARTICLE XIV. LIFE I URANCE Length of Requ ired Continued lo en t 6 months 1 year 1:VZ years 2 y rs 3 y rs T rm Lif Insuranc will be provid d by the City for emplo e this Resolution of $35,000 for ach mploy A conv raion privil 14>on retir ment o 50% cov ra payable by the mploy will be d av illlbL by the City for said retir d mploy e. ARTICLE xv. omrAL I URANC Ourin th cos for th Ci olution, th City shall p y 100% of the pr au n al Inauran e Pl nor oth r pl which aay b al c t d • I • • • • • • • Page 8 by the City as a substitute for the City Dental Plan for each single and dependent policy holder. Employees may be required to assume premium r ate increases during the life o f this Re solution in excess of $10 of single and $30 of dependent coverage. Any dispute concerning the interpretation or application of benefits und e r t he Dental Plan shall be subject to the dispute resolution p r ocedure only . ARTICLE XVI. HEALTH INSURANCE -EMPLOYEE.5/RETIREES A. During the life of the Resolution, the City shall pay 100% o f the premium cost for the City Health Insurance Plan or other plan which may be selected by the Ci ty as a s ubstitute for the City Heal t h Plan for each single and dependent poli cy holder. Employees may be required to assume premium rate increases during the life of this Resolution in excess o f 10% of the 1981 premium for single and dependent coverage . B. Any dispute concerning the interpretation or application of bene fits provided under the Health Insurance Plan shall be subject to the disput e resolution procedure only. C. Retirees prior to January 1, 1980 will be provided health inst.111ance coverage by the City on a non-participating basis. 'nle coverage will coordinate with Medicaid and Medicare wherever applicable. Retirees after January 1, 19~ will bP. guaranteed c onversion privileges to the Health Insurance Plan available through the City. The City will pay 50% of th cost of coverage of the con- version plan up to a maximum of $50 pe r month. ARTICLE XVII. LAYOFF A. When v r there is lack of work , laclr. of fund s , o r \U\der conditions wh re it i s d t rrnined that con t inued work would be in fficient or non-productiv, requiring r ductions in the n umbe r of employ es, th appointing authority shall designat th d partrnent and positions in whi ch the layoff is to b made. Upon such d t rrninations, th required numb r of mploy sin the affect d depart nt and po ition hall be placed on a r call 11 tor tran £erred by the appoin ing authoritv, ach in o rd r of his r 1 tiv 1 nth and quality of service sh n b th p raonn 1 r cords. 8. E ploy on 1 yoff shall b and quality of service hown by th r call d hav the d monatrated ability nd availabl work ad t rmined by the City. aft r on (l) ye r • ord r of r lativ l ngth l r ord provided that tho qualific tions top rform th r call list shall terminate ARTICLE XVIII. LEA O ABSENCE (WI'I110UT PAY) Eligibility P nun nt mploy aay b of educa ion which ia alli d 1 v of aba c without pay for r aao of th City, a tl n t of an eatate , • I • • n n - • • • • • Page 9 child care, serious illness of a member of the employee's family, but shall not be used for the purpose of obtaining employment elsewhere. Leave without pay shall not exceed six (6) months of any year but may be extended upon request for an additional six (6) months. The total leave time shall no t exceed one year. Upon return from approved leave, the employee will be restored to their former position if available or to a position comparable for which the employee is qualified. During period of unpaid leave, employees shall not continue to accrue service credit or be eligible for any City benefits. Application for Leave A request for a leave of absence without pay shall be submitted in wri ting by the employee to the employee's department head. The request shall indicate the reason the leave of absence is being requested and the approximate length of leave time requested. Consideration of Leave Request The department head may either grant or deny leave requests, taking into consideration the departments work force, work load and the employees request. Failure to Return If an employee fails to return by the date of leave expiration, the\employee shall be considered to have voluntarily resigned from the service of the City. ARTICLE XIX. DISPUTE RESOLUTION In the event ther ia any dispute concerning the interpretation or application of these or any other benefits either written, implied, or practi d, said dispute will be submitted for resolution through the dispute resolution procedure as provid d for and administ red by the City Manager and his/hr designated representative. ARTICLE XX. WAGE PROVISION Employees cov r d by this Re s olution will receiv a wag adjustment increase ot 8 effective January l, 19 8 3 • • I • • • • • ADOPTED AND APPROVED this 6th day of December , 198 2 . Attest: ex officio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and complete copy of Resolution No. , Series of 1982. I . • RESOLUTION NO. SERIES OF 1 982 • • • A RESOLUTION FOR A BENEFIT SYSTEM FOR MANAGERIA L AND SU PERV I SORY EMPLOYEES IN THE DEPARTMENT S OF COMMUNITY DEVELOPMENT, EMPLOY EE RELATIONS, ENGINEERIN G, FINANCE, LIBRARY, PARKS AND RECREATION, PUBLIC WORKS, UT ILITIES, WASTEWATER TREATMEN T Pl..ANI: AN D MUN ICIPAL COURT OF THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the City Council , b y Ch arte r Am e ndm e nt e ffective Apr i l 13 , 1981 provided for the es t ab li shment of managerial and supervisory employees wi thin t he servi c e of the City of Englewood ; and WHEREAS, the City of Englewo o d de ems i t i s neces sary to establish managerial and supervisory emplo yees with ful l responsibility to the City in order tha t th e Ci t y be able to fulfill its mission to provide competent , responsible go ver nme n t to Englewood citizens ; and l WHEREAS, by virtue of supervisory or managerial d u t ies assigned to positions by the City, the City of Englewo o d Career Service Board has determined that the following positions a r e managerial or superv i sory and as such are therefore exclude d from membership , participation and/or representation in any collectively bargained employee r e lat ions system o f the Ci ty of Englewood ; and WHEREAS , the City of Eng l e wood de si re s to establish and main tain a so und a nd bene f icial employment system to b enefit the City a nd ma na g e r ia l and su pe r visor y employ ees o f the City. NOW , THEREFO RE, BE IT RESOLVED BY TH E CITY CO UNCI L OF THE CITY OF ENGLEWOOD, COLO RA DO ; Sectio n 1. 'nlat th re is her by atabliahed the following system of wage and benPfit for th man gerial and supervisor y employe s of the Departments of Community Development, Employee R lations, Engine ring, Fi nance, Library, Parks nd Rec r eation, Public Works, Utilities, Wast wt r Tre tm nt Plant , nd Municipal Court of th City o Englewood : I • • - • / • • • BENEFI T RES OLUTION FOR MANAGERIAL AND SUPERVISORY POSITIONS I N lllE DEPARTMENTS OF COMMUNITY DEVELOPMENT, EMP LOYEE RELATIONS, ENGINE ERING, FINANCE , LIBRARY, PARKS AND RF.CREATIO N, PUB LIC WORKS UTILITI~. WASTEWATER TREA'IMENI' PLANT AND KJNICIPAL COURT The following poeitions shall be represented by this Resolu t ion: Assistant Direc tor, Finance Assistant Direc tor, Housing Assistant Director, Parks Assistant Direc tor, Planning Assistant Director, Recreat ion Chief Building Inspector Civil Engineer Court Administrator customer Service Manager Employee Relations Assistant Information Systems Manager Office Engineer Purchasing Agen t Research & Deve lopmen t Enginee r Revenue Chief Superintendent, Stree ts Superintendent , ServiCente r Superint endent, Water Distri ct Superintendent , WWTP Ope r a t i ona /Mai ntenan ce Traffic En gi neer Chief Lab An alyst Chief Pl ant Ope rato r, Utiliti a Chief Plant Operator, Wastew ater Lib r arian I I Supervisor, Golf Grounds Supervisor, Parks Superviaor, Recreation Superviaor, ServiCenter Superviaor, Str ta Sup rvisor, Traffic Sup rviaor, Water District Sup rviaor, Wa t ater/Ha intenance Adllliniatrativ Aaaiatant , Library I • • - • • • • Page 2 ARTICLE I. HOURS OF WORK Employees affected by this Resolution are expected to work the hours necessary to achieve efficient transaction of business in each respective department which in most instances will exceed an average of 40 hours of work per week. ARTICLE II. ACTING PAY All acting positions will be compensated at one-half the difference between the employee's actual classification and that in which he is acting as approve d by the appointing authority. 'nle employee must be in the position for a period of thirty (30) consecutive calendar days before said employee becomes eligible for acting position compensation. Such pay will be retroactive to the first day said employee assumes the responsibilities of the position. ARTICLE III. MERIT INCREASF.S All merit increases provided for the employee will be considered 14>0n the anniversary date and shall not be considered automatic, but rather, baaed upon performance. Seid merit increase may be granted or denied to any individual employee upon reconmendation of the department head and with the approval of the City Manager. 'nle date in which the merit increase is approved shall determin the new merit anniversary date. ARTICLE IV. LONGEVITY Effective January l, 1982, longevity compensation will no longer be accrued for any employees covered by this Resolution. However, for those employees receiving longevity compensation prior to January l, 1982, they shall continue to receive said compensation at their present rate per month. Employees with leas than 5 years of continuous service with the City as of January l, 1982 will not be eligible for longevity compensation at any time, For those eligible employees, the amount of longevity compensation shall be computed from the following schedule: Years of Continuous S rvice All of 1/1/82 Amount of Comp nsation 0-4 Non 5-9 10-14 $12 per month for $144 per year, except for those employ vho have not completed 6 full years of continuous service on Dec lllber l of any year, which mploy es shall r c ive an amount equal to $12 for each full aonth of completed continuous servic after completion of 5 y ra of continuous a rvice up to Dec mber l. $24 per 110nth for $288 per y ar, except for those employees vho ha not complet d 11 full years of continuous a rvic on Dec lllber l of any year, which employ a shall rec ive $144 plua an aa:>unt equal to $12 for each full 90nth of completed continuoua a rvice after compl tion of 10 years of continuoua aervic up to c lllber l • I • • • Page 3 Years of Continuous Service As • • • of 1/1/82 Amount of C.Ompensacion 15-19 $36 per month for $432 per year, except for those eq>loyees wh o have not co111pleted 16 full years of continuous service on December l of any year, which eq>loyee shall receive $288 plus an amotmt equal to $12 for each full month of completed continuous service after co q>le tion of 15 years of service up to December l. 20 or more $48 per month for $576 per year, except for thos e e111ployees who have not co111pleted 21 full years of continuous service on December l of any year, which e111ployee shall receive $432 plus an a1110tmt equal to $12 fo r each full month of co111pleted continuous service after c oq>letion of 20 years of continuous service up to December l. ARTICLE V. ANNUAL LEAVE A. Employees covered by this Resolution shall acctm1ulate annual leave monthly at the rate of l~ days per month of active service. Annual leave shall not be granted to any eq>loyee until after co111pletion of twelve (12) IIIOl\ths consecutive service with the City unless otherwise authorized by the department head. In order to qualify for annual leave credit during the month, the employee must have worked for at least one-half(~) of the working days of that month excluding authorized paid leave. For those employees having less than ten (10) years continuous service, the maximum acc\DDulation of annual leave shall be thirty (3~) days. B. After ten (10) years of continuous aervice with the City, empl oye s shall a ccumulate annual leave at the rate of l~ days of annual leave per 1110nth of active aervice. In order to qualify for annual leave credit during the mon th, the eaployee aust have worked for at leaat one-half(~) of the working days of that month excluding authorized paid leave. 'llle aaximum accumulation shall be 40 daya. C. Accumulation of annual leav shall neither be authorized nor comput e d for any purpoae after th maximum acc\DUlation baa be n reached unless otherwis authoriz d and approv d by th deparoaent head. The schedule for use of annual leave ahall be determined by th needs of th depart-nt. Annual leave ahall be taken at a time conveni nt to and approved by the depart111ent head or supervisor. Annual Leave Pay 'nle rate of annual leave pay shall b th eaployeea regular atraight ti hourly rate of pay for the eaploye a regul r job and charged on a working hour buia, excludina holidaya and regular daya off. Annual 1 ave ahall b allow d only to the total hourly amount acc111ulat d at the b ainnina of the 1 , aa verified by tha d part-nt bead. Elllplo • may receive th ir annual leave pay • I • • • • • • Page 4 no earlier than three (3) days prior to the start of their annual leave, p rovided the employee makes a wri tten request to their supervisor fifteen (15) calendar days prior to t he s tart of their annual leave. Work During Annual Leave If after the employee has begun their annual leave and the City requires the employee to work during the scheduled annual leave period, the employee shall no t be charged with vacation time for the n1J11ber of hours work ed. How Charged Annual leave for emp l oyees covered by this Resolution shall be ch arg don an hour for hour basis excluding regular days off. Annual Leave Pay Upon Separation Any employee who is separated from the service of the City, i.e . retirement, termination or layoff, shall be compensated at the employee's regular wage rate for the unused annual leave time accumulated at the time of separation. ARTICLE VI. PERSONAL LEAVE Effective January 1, 190~ all emp loyees covered by this Resolution tlha ll b granted 48 hours of personal leave time with pay whi ch an employee is entitled to use for the following purposes: A. Time lost as a result of illness/injury to the employe or th employe 's i1111Dediate family. B. Attend personal business. C. Leisure time . For any employee who has not used th 48 hour s of p raon.al la ndin December 31, of each year or any portion th r of, th City will co11p n at I id employee for the unused time at th mploy '• regular wag rate to be p1id th first pay period in January of each 1ucc din year. Personal lea ti 1hall not exce d 48 hours nor shall it b a c ciaulat d or carri d o r from one ye a r to then xt. Personal leav ,hall be 1ch dul d and adJliniatered un r t h direction of th partment ad or au rviaor. In th nt o! illneH/injury in which personal lea ia requ at d, ahift wo rk eaploy ,hall notify their sup rviaor at 1 aat on (l) hour prior to th tr •ch dul r porti ti , all oth r mploy e1 1hall r port at th b ginnin of th ir ach dul d r portin time. Personal Leav ahall be prorated for aplo • b innin and terainati employment with the City during the celend r ar. ARTICLJ! VII. DISABILITY -TEMPORARY ( Definition Teaporary diaebility 11 1 • illn 11 of an eaploy which die hi1/h r duti aa a City aplo J R!:LATEO) r n nt • d 1 ury or rat I • • • • • • Page S Provision Effective January 1, 1983 , the City agrees to provide temporary disability leave with pay for e111>loyee's absent as a result of illness /i njury at the rate of 100% of the emp loyee's regular wage up to 180 calendar days of disability. Te mporary disability leave shall not be accumulative except that on January of each year the City shall restore 100% of the numer of days us d by an employe during the preceeding year up to a maximum of 90 days. Utilization A. Authorization for temporary disability leave with pay shall only b granted after the first day of disability. B. Authorization for te111>orary disability shall only be granted for the following reasons: l. Personal illness or injury not service connected, including maternity. Sick Leave Option All sick leave accrued by penunent employees prior to January 1, 1980 shall vest with the e111>loyee, and may be used in the following manner: A. After the 180 days as described above, have been used, unless th employee is entitled for retirement as a result of disability. B. By cashing in all accrued sick leave accumulated under the previous plan upon normal retirement or separation from the Ci ty at the rate of one hours pay for each two hours of acc rued sick leave . C. By caahin in accrued sick l ave under the previous plan , on ch year at the conv r sion rate of four (4) hours sick leave for on (I) hour pay, not to exc ed a con version of J10re than 400 hours each year. Reporting of Temporary Disability 'llle e111>loyee or a mber of th 111ploy '• household ahall notify the employ '• sup rviaor/depart nth ad prior to the employ '• sch duled reportin time, t8111'orery diaebility 1 a will be ranted to an mploy who fail• to notif th ir aup rviaor prior to the be innin of thee lo ee'• work achedule unl••• oth rviae authori d b the emplo '• auperviaor/depart nt head. V rification of Diaability It ahall be th r aponaibility of th d part .. nt head or aup rviaor to deterain the validity of eli&ibilit of th temporary diaability. An att ndin phyaician'• atat nt will not be n c 1ary until aft r thre (3) daya of di1a ility axe pt wh n required by th part nt ad • • I • • • • • Page 6 Abuse of Temporary Disability Abuse of temporary di s ability o ccur s when an e mploye e mi s repre sen ts the actual reason for r equesting t emp orary disability or whe n an e mployee uses temporary disabili ty l e ave for unauthorized purp oses. An employe e who makes a false c laim for temporary di s ability leave shall be subj ect t o disciplinary a ct ion or dismiss a l. ARTICLE VIII. ON-TH FrJOB I N.JURY -DISABILITY A, For any o n-the-j ob inj ury which causes any employee t o b e ab sent from work as a result of such injury, the City shall pay to s uch e mp loyee his fu l l wa ge s from the first day of his absenc e from work up to and including th 90th c a lendar day of such absence , less whate ver sums received by t he employee a s disabili ty benefits under workmen's compensation. The Ci t y reserves t he righ t t o req u ire any employee on injury or disability leave to submit to an examination (s) by City- appointed physician(s) at the City's expense or under the p rovis i on o f workme n's compensation. The employee vill not be charged sick leave for disabili ty un der this Article. B. All injuries that occur during working ho urs s h a ll b e re po r ted to the employee's supervisor within 24 hours of the injury or before the empl oyee leaves their department of employment. ARTICLE IX. MILITARY LEAVE A. Any permanent or probationary employee who enlists or is inducted int o the military, naval, air or othe r armed services of the Unite d Sta t es in t i me o f war shal l be ent it l ed to a leave o f absence wi t hout pay for the duration o f such war or un t il honorably dis charge d, whi cheve r occurs fi r st , and for one (l) year the r e after. B. Any employe e who shall be a memb e r of the Nati onal Gua r d or any o ther comp onent of the mili t a ry fo r ces of the State , now or hereafter organ ized or constit uted unde r t he S tate or fed ral l aw, or who shall be a member of the res erv forces of the United States, now o r her eafter organized or constituted under fed ral law, shall be entitled to leave of abs nee from his mployment witho ut loss of pay , seniority, status, effic iency ratin g , vacation, sick le or oth r be nefi ts for all t h time wh n he ia engaged with such organization or compon nt in trainin or a c tiv s rvice ordered or authoriz d by proper authority pursuant to law, wh eth r for State or f d ral purposes, but not exceeding fift n (15) days in any cal e ndar year, Such leave shall b allowed in cas the required military servic is satisfactorily p rfori.d , which shall be pr sumed unl as th con trary la stabliah d. c. Such leav shall not be allow d unless the employ returns to hu publil' position i diat ly upon being relived fro such llilitary s rvic and not la te r than the expiration of th ti h rein limit d for such 1 ave, unlesa he ia pr vented from ao returning by physical or aental di s ability or oth e r cause not d to hil own fault or 1a required by prope r authoriti u to contin in such ailitary 1ervl c beyond the time herein lillited for 1uch leav • • I • • • • • Page 7 D. Subject to provision A, Band C above, the City shall provide full pay to an employee granted military leave, less whatever compensa tion the employee may have received by the military for such service. ARTICLE X. FUNERAL LEAVE The Department Head shall grant leave with pay to an employee to attend the fl.Uleral of a member of the employee's family. The number of days granted shall be governed by the circumstances of the case, but in no event shall they exceed five (5) working days. For the purposes of this section, "employee's family" shall mean the employee's spouse, or the children, grandchildren, parent s , grandparents, brothers and sisters of the employee or of the employee's spous e . Anneal leave may be granted by the Department Head if additional time off is deemed appropriate. ARTICLE XI. JURY DUTY AND WITNESS SERVICE Leave may be granted to an employee for serving on jury duty or as a witness in his official capacity in obedience to a subpoena or direction by legal authority . He shall be entitled to the difference between his regular compensation and the fees r eceived for jury duty or as a witness. When he is subpoenaed as a '{itnes s in private litigation to testify, not in his official capacity but as an individual, t he time absent by reasons thereof shall be taken as annual leave or leave wi thout pay. ARTICLE XII. HOLIDAYS A. The following days shall be considered official holidays by the City: 1. New Yea r's Day: January 1. 2. Washington'• Birthday: the third Monday in February. 3. Memorial Day: the last Monday in Ha y. 4. Independence Day: July 4. 5. Labor Day: the first Monday in September. 6. Veteran's Day: November 11. 7. Thanksgiving Day: th fourth Thursday in November. 8. Fourth Friday of November following Tha~givin O.y, 9. Chriatmaa Ev : cemb r 24. 10. Chriatmaa Day: De c ber 25, 11. N w Year'• Ev: Decemb r 31 . B. Any employ e co red by thia Resolution who does not perfona work scheduled on the working days i diately prior to and following a holiday shall not receiv pay for the holiday unl aa oth rviaa authoriied by th departaent head. C. Employ ea required t o work on an official City holiday -.y receiv quival nt time off at th discretion of th d pr nth d. D. When any of th for 1ng holidays fall on followin Monday 1hall be obaerved aa the la al holiday. Wh n any of th for holiday, fall o n a Saturday, e ach employ shall b entitl d to a day off for auch holiday, • I • • • • • • Page 8 which day off shall be scheduled as the City Manager and/or Department Head determines, but no specific day shall be observed as a holiday fo r purpose of closing City offices and functions. This provision shall not apply to employees performing shift work. ARTICLE XIII. UNIFORM CLF.ANING ALLOWANCE If an employee is required to wear a uniform, t he emp loyee shall wear the uniform only as authorized by the department work rules. The City will continue to provide uniforms, cleaning and replacements. 'nl e City will provide 50 % of the cost of required work shoes up to a maximum of $30 per year. All employees shall maintain a presentable appearance while on dut y. The employee is respons ible for any damage to the uniform by negligence or deliberate act. ARTICLE XIV. TUITIOO Rm.ND Upon recoomendation of the Department Head and after prior approval of the City Manager, the City of Englew:x>d may reimburse an employee for satis- factory ~letion of attempted course "°rk of Grade C or above for unde rgraduate and graduate classes at 7~ of private institution tuition rates. 'Illis includes rei.mbursanent at 100'%. for the cost of required tuition texts. F.mployees shall be required to enter into a written agreement stipulating continued employment if the employee accepts tuition reimbursement for the followi1'g schedule of satisfactorily ~leted credts or reimbursement the City on a pro-rata basis. Nunber of Credits Corl§>leted 12 or less 13-30 31-60 61-120 121 and above ARTI CLE XV. LIFE I SURANCE Length of Requ ired Continued F.mployment 6 months 1 year 1Vl y rs 2 years 3 years T rm Life In•uranc will b provid d by th thi• olution of $35,000 for each employ A r tir m nt of 50% cov ra pay le by th employ th City for said r etir d 1111>loy City for mploy • co red by conv raion privil 14>on will b d availabl by ARTICLE XVI. DENTAL INSURA!IC! During the life of thil solution, th City shall pay 100% of the pr 1111111 coat for th City Dental Inauranc Pl or oth r plan which aay b selected by th City•• a aub1titute for th City ntel Plan for ach 1ingl and d p nd nt policy hold r. Emplo e y b r quired pr mi incr durin th 11 o this solution in ex •• o of •1 d $30 of d p nd nt cov ra • I • • -• • • Page 9 Any dispute concerning the interpretation or appli cation of benefits under t he Dental Plan shall be subject to the dispu te resolution procedure only. ARTICLE XVII. HEALTH INS URANCE -EMPLOYEES/RETIREES A. During the life of the Resolution, the City shall pay 100% of t he premium cost for the City Health Insurance Plan or other plan whi ch may be selected by the City as a substitute for the City Health Plan for each single and dependent policy holder. Employees may be required to assume premium rate increases during the life of this Resolution in excess of 10% of the 1981 premium for single and dependent coverage. B. Any dispute concerning the interpretation or application of benefits provided under th e Health Insurance Plan shall be sub j ect to the dispute resolution procedure only. C. Retirees prior to January 1, 1980 will be provided he alth insurance coverage by the City on a non-participating basis. 'nle coverage will coordina te with Medicaid and Medicare wherever applicable. Retirees after January 1, 1980 will be guaranteed conversion privileges to the Health Insurance Plan available through the City. 'nle City will pay 50 % of the cost of coverage of th e conversion plan up to a maximum of $50 per month. ARTIC LE XVIII. LONG TERM DISABILITY INSURANCE Long term disability insurance is provided for employees covered by this Resolution. For description of eligibility and coverage, see the City's long term disability plan available in the Employee Relations Department. ARTICLE XIX. LAYOFF A. Wh nev r ther e i lack of work, lack of fund s , o r und r conditions wh r it is determined that continued wo rk would be i nefficient or non-produ ctive , requiring r duction in the numb r of mpl oy , the appoin ting authority shall d aignate th depart nt and po itions in which the layoff is to be d. Upon such det rminations , th r quired number of employe in th affect d depart n and position ah 11 b placed on r c 11 lis t or tranaferr d by the ppointin authority, ach in ord r of hie relative 1 ngth and quality of s rvic aa hown by th p raonn 1 r cords. B. Employ and qu lity of a recall d hav th a ter on ARTICLE XX. LEAV OF ABS 11 ibilit shall b recalled in the order of rel tive l nth n by th pr onn 1 r cord provid d that tho e d ability and qualifications to perform th City. ni r call list shall t rminat (WI UT PAY) P run n 111Pl y uv b r nt d a 1 of ba n without pa tl •nt of 0 due tion wh ich ia alli d to th duti of th City, • • I • • - • • • • • Page 10 child care, serious illnes s of a member of t he employee's fami ly, but shall not be used for the purpose of obtaining employment elsewher e . Leave wi t hout pay shall not exceed six (6) months of any y ear but ma be extended upon reque st for an additional six (6) months. The t ot al leave time shall not exceed one year. Upon return from approved leave, the employee will be restored to their former position if available or to a position c omparable for which the employee is qualified. During periods of unpaid leave, employees shall not continue to a ccrue service credit or be eligible for any City benefits. App lication for Leave A request for a leave of absence without pay shall be submitted in writing by the employee to the employee's department head. The request shall indicate the reason the leave of absence is being requeste d and the approximate length of 1 ave time requested. Consideration of Leave Request The department head may grant or deny leave requests, taking into considera- tion the departments work force, work load and the employees request. Failure to Return If an employee fails to return by the date of leave expiration, the,employee shall be considered to have voluntarily resigned from the cervice of the City . ARTICLE XXI, DISPUTE RESOLUTION In the e vent there is any dispute concerning th of these or any other benefits either written, iq,li dispute will b submitted for resolution through th as provided for and administered by the Ci ty Hana er representativ ARnCLE XXII, WAG E PROVISION interpretation or appli cation d, or practiced, said dispute resolution procedur and hi /her d signat d Employ i ncreas of s cov red by thi s Resolution will r caive a wa 8% aff ctiv January I, I 83. adjustment • I • • -• • • ADOPTED AND APPROVED this 6th day of December, 1982. Attest : ex officio City Clerk-Treasurer I, Gary R. Higbee , ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and complete copy of Resolution No. , Series of 1982. I • • - i I • I I • • • • C O U N C I L C O M M U N I C A T I O N DATE AGENDA ITEM SUBJECT December 2, 1982 8 ~d)_ SPECIAL COUNCJL MEE T J G INITI ATED BY City Ma nager p~ AC TION PROPOSED Special Meeting be called f or December 21 , 1982 . INTRODUCTION The annual City Christmas Party is scheduled for Monday, December 20, at the Columbine Country Club, 17 Fairway Lane, Littleton. This l s al s o the date for the last regular Council meeting in Oecemh e r. There- fore, the meeting will need to be rescheduled. RECOMMENDATION To cancel the regular meeting on December 20 and schedule a Special Meeting for Tuesday, December 21, at 7:30 p.m. • I • •