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Home My WebLink About1982-12-21 (Special) Meeting Agenda• • - 0 City Council Meeting -~ December ~. 1 982 ,if..(!,l'a1, ~I -r- • • - • • • • Re.,solu..f.loY'i # >83. ;fr<:~. SC, Or&i naflce. -tJ:-b. &9f: s !, sq • 0 0 • I . . -• • • ----- NOTICE OF CALL BY THE MAYOR FOR A SPECIAL SESSION OF THE CITY COUNCIL TUESDAY, DECEMBER 21, 1982 The City Council of the City of Englewood, Arapahoe County, Colorado, is called to a special meeting at City Hall, 3400 South Elati Street, for the purpose of conducting regular business deferred because of the cancellation of the regular City Council meeting of December 20, 1982. An agenda detailing the nature of this business is attached. ~a,;{~ EUGEtfa L. OTIS Mayor ELO/sb ACKNOWLEDGEMENT OF RECEIPT OF NOTICE The following persons, all Council Members of the City of Englewood, do hereby acknowledge receipt of notice of the above special session. I • • • -- • • / ~ c.,_ a) ()1 t.1-[0. ~'4 U / d _ c2 l -t:J.. Ro~'L CALL 1 : 3o :t Y'ri Moved Seconded Ayes Nay Absent Abstai~ Hladav Neal Fl tzoatri ck Weist Bi lo Bradshaw Otis • • I . • • • • - • • ------------ ROLL CALL Moved Seconded Ayes Nay Absent Abstain H1gday t-- Neal ..-- Fltzoatrick I.,/'" Weist 1.,/'"' Bi lo J,,-- Bradshaw v- Otis ,~ • I • • • • • • • ROLL CALL Moved Seconded Ayes Nay Absent Ab s tain H1 a da y ~ Neal I Fi tzoatrick Weist "' Bi lo V Bradshaw Otis ;,P-. °rflA'l~ r ~ JS-i<f ~ c..-/ C--0 c-12- ~~ L ---r.-t7 I . . • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hi oday Neal Fi tznatrick Weist Bi lo Bradshaw Otis ~L. /{ ¥~ J ~O l) J jJ fU})'W>-J ':fv 0~ d,uw. 1 pf) >~ /li?r ~ tt4 · ~~f ~ Ix--' r,~ <)__.__, l --iw &{ 1-/Jia cL a..ri JJ ~ !-a ~J.,.I • I . • • • • - • • ROLL CALL Hoved Seconded s a1n Ayes Nay Absent Abt· H1qdav v Neal Fi tzoatrick Weist Bi lo V Bradshaw Otis h aJ-/1 JI yu')w .,,,,<. L refµ_ ) ./'2 I c?_t:Jlf l'o -/'1 4. L, ! -{!, ~L /u& 1,/CA..., 6 . ·'')) ~ L.- /JI . /(~1,1 d io cf , t" ud -l' f ') 1'.:Jt .,.;/.,J 1.../ I -n L'-{ ek_ • • J°aU.~ (:.(./ /}I ~ v1...,wL • - • • ROLL CALL Moved Seconded es Ay N ay Absent Abstain H1ae1av Neal Fltzoatrick Weist Bi lo Bradshaw Otis ' ' _,,,_;C ~' l-<.-, ~ ~ ,,Jfai~ J ~ r ~~uL fa ~ -~ u.J/ /flJl,;1-~ 1/~ • I . • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hiadav Neal Fltzoatrick - Weist Bi lo Bradshaw - Otis - • I • • • • • • • Moved Seconded Ayes Nay A b t sen Abstain -I _j I ~ - I 1 Mtgoay I-Neal I Fitzoatrick -Weist [ -- -=i -~ J!i lo J l Bradshaw I t I ~ Otis I I I • • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain H1qday ' Neal l ~ Fi tzoatrick 7 Weist I Bi lo I {,./ Bradshaw ' Otis I \ 1C13 • I • • • I n- • • Moved Seconded V ,_,,,--- 1b ,· ROLL CALL H1odav Neal Fl tzoat rick Weist Bi lo Bradshaw Otis S7 • • • ~t;:6tt! Abst Ab ~ Ayes Nay ;..,_ en s tain I I l \. I . • • • - • • ROLL CALL Mo ved Secon de d Ayes Na y Ab s e nt Abstain H1qdav Ne al Fi tzoatr ic k We i s t ....... Bi l o V Bradshaw Oti s c_~/i r';/A , __) y /-I D -S-~ J 1 ,1 3D(f n, /) ' • --I . • t • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain HIQ<lav -Neal - Fltzoatrick I Weist 1 Bi lo I Bradshaw I Otis I • I • • • - • • . ·. ROLL CALL Moved Seconded Ayes Nay Absent Ab s tain Higda y -Neal -·-Fltzoatrick I Wei s t I /' Bi lo y Bradshaw Oti s I I . • • • - • • ROLL CALL Moved Seconded Ayes N ay Absent Ab . I . • • • • - • • ROLL CAL L Moved Seconde d Ay e', Na y Ab s ent Ab s t a i n Ha a dav Neal V Fi tznatrick We i s t I -R i lo I I./ Brad sh aw I Otis I ~ I) • • I • • • • I ROLL CALL • • • Absent Nay Abstain -<!/J{la I-tl'2JrJ, -g uy'--o <-- « Uk. l;ri, I d,,~ I . • • - • • ROLL CALL Moved Seconded Aye s Na y Absent Abstain H1nrav Neal Fl tznatrick Wei st J Bi lo I Bradshaw I Oti s I -\ I • • • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain ~ ~ H1qdav Neal Fl tzoat rick Weist Rj lo V' Bradshaw Otis q h(t) • • I • • -• • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain H1gday Neal .,... Fl tzoat rick --. Wei st ./ Bi lo L/ Bradshaw Otis • • I • • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain H1oday Neal ~ Fltzoatrick Weist Bi lo Bradshaw Otis I • • • • - • • ROLL CALL Moved Second d e Ayes Nay Absent Ab s tain -- ' H1odav -Neal ,_ - ' Fl tznatrick -Weist ~ - '---Ri lo - ~ Bradshaw -Otis - . fa af -IF . ~(]_~ c-/Ji ~ 1/f ~ (kaJ m I' • I • • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlqday Neal Fl tzoat rick - Weist Bi lo Bradshaw - Otis -- • I . • • • • • ROLL CALL Moved Seconded Ayes Hay Absent Abstain 1l I gcJav -Heal --Fitznatrick Wei st - Bi lo --Bradshaw Otis - I • • • • • - • • ROLL CALL - econded •---I Ayes [__ l I Hiodav Nay Absent l-- I Neal I I Abstain l Fl ~znatrick I =3 Wei st - - Moved s L-- L__ L--- Bi lo ' I Bradshaw - I Otis l I l - I - -' , • I • • • • I ( • • • • NOTICE OF CALL BY THE MAYOR FOR A SPECIAL SESSION OF THE CITY COUNCIL TUESDAY, DECEMBER 21, 1982 The City Council of the City of Englewood, Arapahoe County, Colorado, is called to a special meeting at City Hall, 3400 South Elati Street, for the purpose of conducting regular business deferred because of the cancellation of the regular City Council meeting of December 20, 1982. An agenda detailing the nature of this business is attached. ~ ;{~ EU~OTIS Mayor ELO/sb ACKNOWLEDGEMENT OF RECEIPT OF NOTICE The following persons, all Council Members of the City of Englewood, do hereby acknowledge receipt of notice of the above special session. I • • 7 :30 P.M. 1. H 3. 4. ( 7 o-'"J ( • • • • AGENDA FOR THE SPECIAL MEETING OF THE ENGLEWOOD CITY COUNCIL DECEMBER 21, 1982 / Call to order, invocation by Reverend red Hahn, Immanuel Lutheran Church, 3695 South Acoma Street, pledge of allegiance by Boy Scout Troop 19~ roll call. \ J ~ Minutes. J .(a) Minutes of the regular meeting of December 6, 1982. (Copies enclosed.) Pre-Scheduled Visitors. (Please limit your presenta- tion to 10 minutes.) (a) Mr. R. J. Pauley, 3200 South Downing Street, wi ll be present to request an encroachment. (Copies enclosed.) Oth er Visitors . (Du to special meeting status, there will be no discussion under this item.) Public Hearing. (Due to special meeting status, there will be no discussion under this item.) Communications -No Action R comm nd d. (a) Minut s of th Bo rd of Car r Servic Commission- ers meting of Sept mb r 16, 1982. (Copi s enclos d.) (b) Minut s of th Pl nnin nd Zoning Commission m ting o No v mb r 9, 1982. (Copi s nclo1 d.) (c) Minut s of th Board of Adju1tm nt and Apf al1 etin I of Nov mber 10 nd Nov mb r 17, 982. (Copi I nclo1 d.) • I • ( I • • • Page 2 December 21, 1982 Agenda j 5. Communications -No Action Recommended (Continued). (d) Minutes of the Englewood Downtown Development Authority meetings of November 22 and December 8, 1982. (Copies enclosed.) (e) Memorandum from Captain Steinberg of the Engle- wood Fire Department to the City Manager concerning his attendance at the National Fire Academy in Maryland. (Copies enclosed.) (f) Memorandum from the Executive Director of the Housing Authority to the City Council and the Housing Authority concerning her attendance at the 1982 Convention of the National Association of Housing and Redevelopment Officials in Boston, Massachusetts. (Copies enclosed.) 6. Communications -Action Recommended. (Due to special meeting status, there will be no discussion under this status. 7. City Attorney. Ordinances on Final Reading. (a) Ordinance amending Title XV, Chapter 4, Section 9 (a) (6) relating to method of billing customers for s werage treatment (Copies enclosed.) Ordinance approving the transfer of real property to the City of Sheridan for the use and benefit of th City of Englewood. (Copies enclosed.) Bills for Ordinances. (c) Bill r p ling nd re n cting Chapters 1, 2, 4, and 9 of Titl Ill, of the 1969 Englewood Muni- cipal Code, r 1 ting to "Building Regulation," and adopting by reference th Uniform Building Cod , 1982 Edition, the Uniform Mechanical Code, ,c 1982 Edition, and Uniform Mechanical Code, \' ~'' 1982 Edition, and Uniform Plumbing Code, 1982 ' .~LJ Edition, and r paling all ordin nee or parts ~ · o ordin nc s in conflict th r with. (Bill encloa d nd oth r materi l pr vioualy transmitted.) 11, • I • • - ( • ( • • • • Page 3 December 21, 1982 Agenda 7. City Attorney (Continued). Resolution. ~~-(e) Resolution extending the term of the "Court Advisory Committee." (Copies enclosed.) 8. City Manager. ,15~ (a) Resolution approving an amendment of the Downtown Redevelopment Plan. (Coies enclosed.) 9. General Discussion. (a) Mayor's Choice. (Due to special meeting status, there will be no discussion under this item.) (b) Council Member's Choice. / (i) ,fa.5~ Resolution establishing annual salaries for the City Manager, City Attorney, Municipal Court Judge and Associate Judges for the calendar year 1983. (Copies enclosed.) 10. Adjournment. ~ ffM~ P( s AM /sb • I • • • • • • COUNCIL CHAMBERS City of Englewood, Colorado December 6, 1982 la REGULAR MEETING: The City Council of the City of Englewood, Arapahoe Coun- ty, Colorado, met in regular session at 7:30 p.m. on December 6, 1982. 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 Troop 192. Mayor Otis asked for roll call. Upon a call of the roll, the following were present: Council Members Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. Absent: Council Member Higday. The Mayor declared a quorum present • • • Also present were: • • • • • • • City Manager Mccown Assistant City Manager Vargas City Attorney DeWitt Director of Public Works Waggoner Director of Engineering Services Diede Chief of Police Holmes Deputy City Clerk Watk ins • • • • • COUNCIL MEMBER BRADSHAW MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF NOVEMBER 15, 1982. Council Member Neal sec- onded the motion. Upon a call of the roll, the vote resulted as follows: Ay s: Nay s: Council Memb rs Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. • I • • December 6, 1982 Page 2 Absent: • • - Coun cil Member Higday. The Mayor declared the motion carried . • • • • • • • Pre-scheduled v isitor , Gene Turpin, 4690 South Huron Street , was present. Mr. Turpin delivered an American a flag to Mayor Otis which is to be flown at the Englewood Municipal Golf Course Clubhouse. Mayor Otis recei ved the flag on behalf of the City and thanked Mr. Turpin for the gift. • • • • • • • Pre-schedule d visitor , Sherman Salazar, 4742 South Decatur Str eet, was present. Mr. Sal azar discussed some concerns he had regarding the amusement devices ordinance. Council and the Ci ty Attorney provided information to cla rify the quest ions. Al so , Mr. Salazar was given a copy of the revised ordinan ce . • • • • • • • There were no o her visi tors at this time. • • * * • * • COUNCIL MEMBER BRADSHAW MOVED TO OPEN THE PUBLI C HEARING TO CONSIDER AN ORDINANCE APPROPRI ATING THE WHOLE COST OF THE IM- PROVEMENTS MADE WITH IN THE NORTH SECTIO N IN PAV ING 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. Council M mb r Neal seconded the mo ion. Upon a call of the roll, th vo r sul d s follo ws: Ay s: Nays: Ab en Council M mbers N al , Fitzpatrick, W i , Bile, Bradsha w, Otis. Non Council M r Higday. Th Mayor d clar d h mo ion carri d • • I • • • Dece mber 6, 1982 Page 3 • • • Director of Engineering Services Diede presented the scope of the project which involved payment from the Federal government and the City of Denver. co sts. Rick Kahm, Office Engineer, presented the assessment Mayor Otis acknowledged the names of those people who had signed the list for the public hearing, and asked if there was anyone in the audience wishing to speak concerning Paving District No. 26, North. No one responded. COUNCIL MEMBER FITZPATRICK MOVED TO CLOSE THE PUBLIC HEAR- ING . Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. Council Member Higday. The May or declared the motion carried. ORDINANCE NO. 48 SERIES OF 1982 BY AUTHORITY COU NCIL BILL NO. 59 INTRODUCED BY COU NCIL MEMBER FITZPATRICK AN ORDINANCE APPROVING THE WH OLE 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. COUNCIL MEMBER FITZPATRICK MOVED TO PASS COUNCIL BILL NO. 59 , SERIES OF 1982 , ON FINAL READING . Council Memb er Bilo second d th mo ion. Upon a call of he roll, the vote resulted as follo ws: Ayes: Neys: Council Memb rs Neal, Fitzpatrick, Wis , Silo, Bradshaw, Otis. None. • I • • • December 6, 1982 Page 4 Absent: • • • Council Member Hi gday. The Mayor declared the motion carrie d. * * * * * * * were: "Communications -No Action Recommended " on the agenda (a) (b) (c) (d) (e) (f) (g) (h) ( i) (j) Minutes of the Housing Authority meetings of July 28, August 25, Septembe r 9, and 29, 1982. Minutes of the Board of Adjustment and Appea ls meeting of October 13 , 1982. Minutes of the Parks and Recreation Commission meeting of October 14 , 1982 . Minutes of the Board of Career Service Commis- sioners meeting of Octobe r 18, 1982. Minutes of the Urban Renewal Authority meeting of November 3, 1982. Minutes of the Public Library Advisory Board meeting of November 9, 1982. Minutes of the Downtown Development Authority meeting of November 10 , 1982. Minute s of the Downtown Management Committee meeting of November 16 , 1982. Memorandum from the Director of Parks and Re- creation to the City Manager concerning his attendance at the 1982 National Congress on Parks and Recreation held in Louisville, KY. Memorandum from Captains Miller and O'Steen to Fire Chief Broman concerning their attendance at the Nevada Ars o n Seminar . COUNCIL MEMBER BRADSHAW MOVED TO ACCEPT "COMMUNICATION S - NO ACTION RECOMMENDED", AGENDA ITEMS S(A) -S(J). Council Member Bilo seconded he motion. Upon a call of the roll, the vote resul ed as follows: Ay s: Council Memb r N 1, Fitzpatrick, Weist, Bilo, Bradsh w, Otis • • I • • • December 6, 1982 Page 5 Nays: Absent: • • • None. Council Member Higday. The Mayor declared the motion carried • • • • • • • • Assistant City Manager Vargas presented a Council Communi- cation from the Water and Sewer Board concerning Addendum No. 1 to South Clay Street Water Users Association. Mr. Vargas explained the recommendat i on from the Board to approve the addendum. COUNCIL MEMBER BILO MOVED TO APPROVE ADDENDUM NO. 1 TO THE S OUTH CLAY STREET WATER USERS ASSOCIATION. Council Member Bradshaw s econded the motion. Upon a call of the roll, the vote resulted as fol lows: Ayes: Nays: Absent: Council Members Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. Counc i l Member Higday. The Ma yo r de c lared t h e motion c arried • ORDINAN CE NO . 4 9 S ER I ES OF 1 98 2 • • • • BY AUTHOR I TY • • • COUN CIL BILL NO. 4 1 .1 INTR ODUCE D BY CO UN CIL MEMBER FI T ZPAT RIC K AN ORDIN AN CE AMENDING TITLE IX , CHA PTER 2 , OF T HE ENGL EW OO D MUNICI- PAL CODE OF '69, AS AMENDED , BY REPE ALING AND REENA CTI NG S ECTIO NS 1 THROUGH 8, INCLU SI VE, AND ADDING NEW SECTIONS 9 THR OUGH 1 9, I NCLU- SIVE , RELATING TO THE CONTROL OF AM USE MENT EST ABLIS HMENT S , CO MM ON- LY KNOWN AS "AMUSEMENT DEVICES ORDINANCE", AN D DEC LAR I NG AN EMER - GENCY . COUNCIL ME MBER FITZPATRIC K MOVED TO PA SS COUN CI L BILL NO . 41.1, SERIES OF 1982 , ON FI NA L RE ADI NG. Coun cil Memb e r Brad s haw s conded th mo ion. Upon a call of the roll , t he vot e resulted as follows: Ayes: Council M mb rs Neal , Fi tzpat r ic k, Weist , Bilo , Br ads ha w, Otis • I • • • Dec ember 6, 1982 Page 6 Nays: Absent: • • - None. Council Member Higday. The Mayor declared the motion carried. ORDI NANCE NO. 50 SE RIES OF 1982 * * * * BY AUTHORITY * * * COUNCIL BILL NO. 47 INTRODUCED BY COUNCIL 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. COUNCIL MEMBER FITZPATRICK MOVED TO PASS COUNCIL BILL NO. 47, SERIES OF 1982, ON FINAL READING. Council Member Bile seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Absent: Council Members Neal, Fitzpatrick, We ist , Bi le, Bradshaw, Otis. None. Council Member Higday. The Mayor declared the motion carried. ORDINANCE NO. 51 SERIES OF 1982 * * * * BY AUTHORITY * * * 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 SCHEDULE OF RATES AND CHARGES FOR SEWERAGE SERVICE. COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL NO. 56, SERIES OF 1982, ON FINAL READING. Council Member Bile seconded th motion. Upon a call of th roll, the vote resulted as follows: Ayes: Council Memb rs Neal, Fitzpatrick, Wis , Bilo, Bradshaw, Otis. • I • • n ......... • • December 6, 1982 Page 7 Nays: Absent: • • • None. Council Member Higday. The Mayor declared the motion carried. ORDINANCE NO. 52 SERIES OF 1982 * * * * BY AUTHORITY * * * 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. COUNCIL MEMBER NEAL MOVED TO PASS COUNCIL BILL NO. 57, SERIES OF 1982, ON FINAL READING. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. Council Member Higday. The Mayor declared the motion car ried. ORDINANCE NO. 53 SERIES OF 1982 * * * * BY AUTHORITY * * * COU NCIL BILL NO. 58 INTRODUCED BY COUNCIL MEMBER FITZPATRICK AN ORDINA NCE APPROPRIATING MONIES FOR ALL MUNICIPAL PURPOSES IN THE CITY OF ENGLEWOOD, COLORADO, IN THE FISCAL YEAR BEGINNING JANUARY l, 1983 AND ENDING DECEMBER 31, 1983, CONSTITUTING WHAT IS TERMED THE ANNUAL APPROPRIATION BILL FOR THE FISCAL YEAR 1983, AND DECLAR- ING AN EMERGENCY. COUNCIL MEMBER FITZPATRICK MOVED TO PASS COUNCIL BILL NO • 58, SERIES O 1982, ON FINAL READING. Council M mb r Bilo second- d he motion. Upon a call of the roll, the vote resul ed •s follows: I • - • • December 6, 1982 Page 8 Ayes: Nays: Absent: • • • Council Members Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. Council Member Higday. The Mayor declared the motion carried. ORDINANCE NO. 54 SE RIES OF 1982 * * * * BY AUTHORITY * * * COUNCIL BILL NO. 60 INTRODUCED BY COUNCIL MEMBER HIGDAY AN ORDI NANCE AUTH ORIZI NG A CONTRACT WITH THE CITY OF LITTLETON, COLO RADO, TO JOINTLY OPERATE THE JOINT-USE WASTEWATER TREATMENT FACILITY. COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL NO. 60, SE RIES OF 1982, ON FINAL READING. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Aye s : Nays: Absent: Council Member s Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. Council Member Higday. The May or declared the motion carried. ORDINANCE NO. 55 SERIES OF 1982 * * * * BY AUTHORITY * * * COUNCIL BILL NO. 61 INTRODUCED BY COUNCIL MEMBER FITZPATRICK AN ORDINANCE APPROVING ADDENDUM TO THE 1982-1983 CONTRACT BETWEEN TH CITY OF ENGL WOOD, COLORADO , AND THE ENGLEWOOD EMPLOYEES ASSOCIATION. COUNCIL MEM R FITZPATRIC MOVED TO PA SS COUNCIL BILL NO. 1, S RIES O 19 2, 0 INAL R ADI G. Council M mber Bilo • conded h mo ion. Upon• call o! th roll, the vote reaulted •• follows: I • • ra- l I • December 6, 1982 Page 9 Ayes: Nays: Absent: • • • Council Members Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. Council Member Higday. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1982 * * * * BY AUTHORITY A BILL FOR * * * COUNCIL BILL NO. 62 INTRODUCED BY COUNCIL MEMBER -------- AN ORDINANCE REPEALING AND REENACTING CHAPTERS 1, 2, 4, AND 9 OF TITLE III, OF THE 1969 ENGLEWOOD MUNICIPAL CODE, RELATING TO "BUILDING REGULATIONS," AND ADOPTING BY REFERENCE THE UNIFORM BUILDING CODE, 1982 EDITION, THE UNIFORM MECHANICAL CODE, 1982 EDITION, AND UNIFORM PLUMBING CODE, 1982 EDITION, AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH. COUNCIL MEMBER NEAL MOVED TO DELAY CONSIDERATION OF COUN- CIL BILL NO. 62, SERIES OF 1982, UNTIL DECEMBER 21, 1982. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, t he vote resulted as follows: Ayes: Nays: Absent: Council Members Nea l , Fitzpatrick, Weist, Bilo, Br a dshaw, Ot is . Non e . Cou n cil Mem ber Higday . The Mayor declared t h e motio n ca rr ied • ORDINA NCE NO. SE RIES OF 1982 * * * * BY AUTH ORITY A BILL FOR * • • * COUNCIL BILL NO. 6 3 I NTRODUCED BY COUN C I L MEMBER -~~~~~-I • • - n I • • December 6, 1982 Page 10 • • • AN ORDINANCE AMENDING SECTIONS 1, 3, 8 AND 10, TITLE II, CHAPTER 3, SECTION 1, OF THE '69 ENGLEWOOD MUNICIPAL CODE, ADOPTING BY RE- FERENCE THE UNIFORM FIRE CODE, 1982 EDITION. COUNCIL MEMBER NEAL MOVED TO DELAY CONSIDERATION OF COUN- CIL BILL NO. 63, SERIES OF 1982, UNTIL DECEMBER 21, 1982. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. Council Member Higday. The Mayor declared the motion carried. ORDINANCE NO. SE RIE S OF 1982 * * * * BY AUTHORITY A BILL FOR * * * COUNCIL BILL NO. 64 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE AMENDING TITLE XV, CHAPTER 4, SECTION 9(a ) (6) RELAT- ING TO A METHOD OF BILLING CUSTOMERS FOR SE WAGE TREATMENT. COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL NO. 64, SERIES OF 1982 , ON FIRST READING. Council Member Fitzpatrick sec- onded the motion. Upon a call of the roll, the vote resulted as fol lows: Ayes: Nays: Absent: Council Members Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. Council M mber Higday. The May or declared the motion carried. * * * * * * * • I • • (, • December 6, 1982 Page 11 ORDINAN CE NO. SERIES OF 1982 • • - BY AUTHORITY A BILL FOR COUNCIL BILL NO. 65 INTRODUCED BY COUNCIL MEMBER FITZPATRICK AN ORDINANCE APPROVING THE TRANSFER OF REAL PROPERTY TO THE CITY OF SHERIDAN FOR THE USE AND BENEFIT OF THE CITY OF ENGLEWOOD. COUNCIL MEMBER FITZPATRICK MOVED TO PASS COUNCIL BILL NO. 65, SERIES OF 1982, ON FIRST READIN G . Council Member Bilo seconded the motion. Upon a call of the ro ll , the vote resulted as fol- l ows: Ayes: Nay s : Abs e nt: Co uncil Memb e r s Ne al , Fitzpatr i ck, Weis t, Bi l o, Br ad s haw, Otis. No n e. Council Memb e r Higd ay. The Mayor de cl ared t he motion c arr i ed. RESOLUTION NO . 48 SERIES OF 1982 * * * * * * * A RESOLUTION REQUESTING UNITED STATES CONG RESS TO PR OVI DE APPR O- PRIATE EXE MPTIONS FOR MUNICI PALITIES FRO M F ED ERAL ANT I TRU ST LI- ABILITY. CO UNCIL MEMBER BRADSHAW MOVED TO PASS RESOLUTION NO. 48, SERIE S OF l 82. Council Member Fitzpatrick seconded the motion . Upon a call o f h roll, the vot resul ed as follo ws: Ay s : ay Ab s n Council M mb r s N al , Fitzpatrick , Weis , Bilo, Bradshaw, Otis. None. Council M mb r Higday. The Mayor declared the motion carried . • • • * * • • • I • • • • • r /, ..t' De ce mbe r 6 , 198 2 Pag e 12 City Attorn e y DeWitt presented a City Di tch Easement by 3 19 0 CO RP . CO UNCIL MEMBER BRADSHAW MOVED TO ACCEPT THE GRANT OF CITY DITCH EASE MENT FROM 31 9 0 CORP. Coun ci l Member Fitzpatrick seconded the mot ion. Upon a call of the ro l l, the vote resulted as fol- lows: Ayes: Nays: Absent: Co un ci l Members Neal, Fitzpatrick, Weist , Bi lo, Bradshaw, Otis. None . Council Member Hi gday. The Mayor declared t h e mot ion c arr i ed. * * * * * * * City Attorney De Witt presented a g ran t of sewer line ease ment by Engle wood Executive Center , Inc ., 3 6 77 South Huron Street. (, COUNCIL MEMBER NE AL MOVED TO ACCE PT THE GRANT OF SEWER LI NE EASE MENT BY ENGLEWOOD EXECUTIVE CE NTE R. Co uncil Member Bilo seconded the motion. Upon a call of the roll , t he vote resu l t ed as follows: , I • Ayes: Nay s: Absent: Council Members Neal, Fitz p at r ic k, Weist , Bilo, Bradsha w, Otis . None. Council Member Higday. Th Mayor declared the motion carried. * * * * * * * Ci y torney DeWitt stated th Community Development De- par m n , Cod Enforcemen Division, has brought to his attention the situation a 323 3 South Pearl where a property o wner has vio- lated cod o the extreme of unhealthiness . Mr . De Witt stated the o wn er has be n ci d and has two we ks to clean up the area, If hi s is no one, he Ci y will clean up the prop rty and bill the o wn r. * • * • • • • • I • • -• • • "f I December 6, 19 82 {I (, • Page 13 City Attorney DeWitt discussed a possible lawsuit in the matter of Ranch Creek. RESOLUTION NO. 49 SERIES OF 1982 * * * * * * * A RESOLUTION ESTABLISHING FEES AND CHARGES FOR THE ENGLEWOOD MUNICIPAL GOLF COURSE. COUNCIL MEMBER BILO MOVED TO PASS RESOLUTION NO. 49, SERIES OF 1982, AND AMEND SECTION 1 "G." TO READ "$50 FOR THREE MONTHS OF JUNE, JULY, AND AUGUST". Council Member Fitzpatrick seconded the motion. COUNCIL MEMBER BRADSHAW MOVED TO AMEND THE RESOLUTION IN SECTI ON 1 "A." TO READ "*AVAILABLE FOR RENEWAL ONLY; NO NEW MEM- BERSHIPS IN THESE CATEGORIES SHALL BE AUTHORIZED". Council Mem- ber Bilo seconded the motion. Upon a call of the roll, the vote on the amendment resulted as follows: Ayes: Council Members Fitzpatrick, Weist, Bilo, Bradshaw, Otis. Nays: Council Member Neal. Absent: Council Member Higday. The Mayor declared the motion ca rr i ed. COU NCIL MEMBER WEIST MOVED TO AMEND THE RESOLUTION IN SEC- TION 1 "G " TO ADD TO "(PLAY RESTRI CTED TO WALK-ON BASIS -10:30 A.M. TO 2:30 P.M. WEEKS DAYS ONLY•, THE FOLLOWING •wHEN ACCOMPANIED BY A PARENT, A JUNIOR MAY PLAY DURING ALL HOURS OF OPERATION)•. Council Member Fitzpatrick seconded the mo ion . Upon a call of the roll , he vot on th am ndment resulted as follows: Ay s: Council Members Neal, Fitzpatrick, W is , Bradsha w, Otis. Nays: Council Mem er Bilo . Ab sen Council Member Higd ay . The Mayor d cl red the motion ca rried. Upon a call of h roll, th vo resulted as ollows: on the original motion • I • • • • • "( I December 6, 1982 • Page 14 Ayes: Nays: Absent: Council Members Neal, Fitzpatrick, Weist, Bradshaw, Otis. Council Member Bilo. Council Member Higday. The Mayor declared the motion carried. * * * * * * * City Manager Mccown presented a Council Communication con- ce rning modification and incinerator repairs to the animal shelter. Chief of Police Robert Holmes and Captain Ron Frazier came forward and discussed in detail the need of major repairs and modi- fications at the facility. COUNCIL MEMBER SILO MOVED TO AWARD THE BID FOR ANIMAL SHELTER MODIFICATIONS TO ROB ROY CONSTRUCTION COMPANY IN THE AMOUNT OF $7,875.00; AND TO AWARD THE CONTRACT FOR INCINERATOR REPAIRS TO ENVIRONMENTAL ENTERPRISES, INC. IN THE AMOUNT OF $22,279.25; THE TOTAL COST OF WORK TO BE $30,154.25. Council Member Bradshaw sec- onded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. Council Member Higday . The Mayor declared the motion car r ied . RESOLUTION NO. SO SERIES OF 1982 * * * * * * * A RESOLUTION FOR A BENEFIT SYSTEM FOR MANAGERIAL AND SUPERVISORY EMPLOYEES OF THE FIRE DEPARTMENT OF THE CITY OF ENGLEWOOD, COLORADO. COU NCIL MEMBER BRADSHAW MOVED TO PASS RE SOLUTIO N NO. SO, SERIES OF 1982. Council Memb r Fitzpatrick seconded the motion. Upon a call of th roll, th r sulted as follows: Ay s: Council M mb r N al, Fitzpatrick, W 1 t, Bilo , Bradsh w, Otis • • I • • ~(. t, • December 6, 1982 Page 15 Nays: Absent: • • • None. Council Member Higday. The Mayor declared the motion carried. RESOLUTION NO. 51 SERIES OF 1982 * * * • • • • A RESOLUTION FOR A BENEFIT SYSTEM FOR MANAGERIAL AND SUPERVISORY EMPLOYEES OF THE POLICE DEPARTMENT OF THE CITY OF ENGLEWOOD, COLORADO . COUNCIL MEMBER FITZPATRICK MOVED TO PASS RESOLUTION NO. 51, 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 Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. Council Member Higday. The Mayor declared the motion carried • RESOLUTION NO. 52 SERIES OF 1982 • • • • * * • A RESOLUTION FOR A BENEFIT SYSTEM FOR MANAGERIAL AND SUPERVISORY EMPLOYEES IN THE DEP ARTMENTS OF COMMUNITY DEVELOPMENT, EMPLOYEE RELATIONS, ENGINEERING, FINANCE, LIBRARY, PARKS AND RECREATION, PUBLIC WORKS, UTILITIES , WASTEWATER TREATMENT PLANT, AND MUNICI- PAL COURT OF THE CITY OF ENGLEWOOD, COLORADO . COUNCIL MEMBER NEAL MOVED TO PASS RESOLUTION NO. 52, SERIES OF 1982 . Council Member Bilo second d the motion. Upon a call of th roll, the voe r sult d as follows: Ay Council M mb rs N al, i zpatrick, w is , Bilo, Br dshaw, 0 is. Nays: Non . Ab en Council M mb r Hlgday. • I • • - ,, • December 6, 198 2 Page 1 6 • • • The Mayor declared the motion carr i ed. * * * * * * * COUNCIL MEMBER BILO MOVED TO CALL A SPECIAL CITY COUNCIL MEETING ON DECEMBER 21, 1982, AND CANCEL THE CITY COUNCIL MEETING ON DECEMBER 20, 1982. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Counc i l Members Nea l , F i tzpatrick, Weist, Bil e, Bradshaw, Ot i s. None. Counci l Member Higday. The Mayor declared the motion carried. * * * * * * * City Manager Mccown announced that Mr. Brady would be making a presentat i on on the Redevelopment Plan for downtown Englewood on December 9, 1 98 2 , at 5:00 p.m. i n the City Council Chambers. * * * * * * * COUNCIL MEMBER BRADSHAW MOVED TO APPOINT LEROY W. DAVAULT TO THE NON-EMERGEN CY EMP LO YEE S RET I REMENT BOARD EFFECTIVE DECEMBER 6 , 1 98 2 , FOR THE TERM EXP IRI NG FEBR UARY 1 , 1 984. Council Member Neal s e cond ed the mo t ion . Upon a call o f the roll, the vote re - sulte d a s follo ws : 11yes: Council Members Neal , Fitz pa tric k, w 1st, Bilo , Bradsha w, Otis. Nay s : No ne. 11bsent: Council Member Hi gday. The Mayor d cl r d th motion carri d . * * * * • * * No furth r bu s in ss was discuss d . * * * * • * * COU NCIL M MB R N 11L MOVED TO ADJOUR I • • , - • December 6, 1982 Page 17 • • • Mayor Otis adjourned the meeting without a vote at 9:20 p.m. • I • • • • - C O U N C I L C O M M U N I C A T I O N DATE SUBJECT December 15, 1982 AGENDA ITEM a... Encroachment Request: R. J. Pauley 3200 South Downin Street INITIATED BY Department of CODDUnity Development ACT I ON PROPOSED The applicant requests approval to construct a garage at property line with an overhang protruding two (2) feet into or over the public right-of-way. INTROD UCTIO N: There are two procedures for considering and granting requests to encroach into the public right-of-way: Administrative Encroachments and Council-approved Encroachments. The distinction is basically in the permanency of the structure. 1. 2. An Administrative Encroachment. A request to install a fence, retaining wall, awn i ng, canopy or marquee can be granted by the Director of Co111nunity Develop- ment and the Director of Public Works, if the installation is in compliance wi th §12-2-6l(c) of the '69 E.M.C. (Please see the attached copy). Co uncil-approved Encroachments. Section 12-2-6l(d) of the '69 E.M.C. provides that approval to construct any other type of s tructure in such a way a s to en- croach into the public right-of-way can be given only by the City Council. The encroachment s approved by the City Council under this section have involved steps and r oof overhangs. Mr. Pauley's request is to construct a garage with the roof overhang extending two (2) feet into or over the public right-of-way for East Eastman Avenue, Thi falls und r f12-2-61(d) of th '69 E.M. C. SACKGROUND: Mr. Pauley app rd b for th Board of Adjustm nt and App ala on Octob r 13, 1982, tor qu st a varianc frOIII the minimum aid yard requir ment for an accessory building in ord r to construc t a gara eat th property line. Th r quired setback is three (3) f t. Hr. Pauly atated that th primary rea on h wanted to construct th garage aontha. no oppo prop rty lin wa a to hav as small a apac aa poaaibl b tw en the sidewalk garag in an {fort to liainat probl m with anow and ice dur in th wint r Th d sign of th garage waa not s ubmitted with th application. Th re was to con, ruct th Th caf h d ruct d with qu at frOIII th n ighbora, and the Board approv d th r qu at at prop rty line by a unani1110u1 vote. ain t the requ at b caua th etback, or on th aouth 11d arage could hav b en con- of th lot. I • ( • • • • November 12, 1982 Dorothy Romans Acting Director of Comnunity Development 3444 South Elati Englewood, Colorado 80110 Dear Mrs. Romans: NOV l :. 1982 Enclosed is a letter you requested to secure an encroachment agreement on Garage Roof for 2 (two) foot overhang, to match existing house roof at 3200 South Downing. The garage was passed on to build to property line and we were asked to carry roof design with that of existing house on October 13, 1982 at The Board of Adjustment and Appeals meeting. A fence for 20 years has been on public right-of-way one foot from the sidewalk with no problems. This eave would be within the existing fence. I have appreciated the help of your department. Sincerely yours, ll. J. Pauley RJP/sr • I • • -• • • When Mr. Pauley contacted the Department of Community Development about the Bu ilding Permit after he had been given the Variance, his design included the two (2) foot over- hang of the roof and he was told that the Building Permit co uld not be approved. It wa s s uggested that the garage could be designed without the overhang or moved to the south two feet in order that the edge of the overhang would be at the property line pursuant to the Variance. Mr. Pauley did not want to change the style of the garage because he wants it to be of the same design as his house, and he d i d not want to set the garage in the additional two feet. It was at that point he requested the encroach-ment. Mr. Pauley had gone before the Board of Adjustment and Appeals on April 13, 1960, to re- quest permission to construct a six-foot fence one foot behind the sidewalk, which fence also encroached into the public right-of-way. This fence was constructed as proposed, and Mr. Pauley has stated that he intends to leave the fence at that location. This will leave approximately two (2) feet between the fence and the wall of the garage. RECOMMENDATION: Th staff would recommend that the encroachment not be approved. It is the opinion of the taff that the garage should be constructed in compliance with the Variance approved by the Board of Adjustment and Appeals on October 13, 1982. SUGGESTED ACTI~: MOVED IY ____________ _ SECOND _____________ _ YES. ____ _,·-------~S HT -------------------1 ------- • I • • • • - 0 / • (11 0 -: 0 - II - z ~ -f :c • ·--~;,4., w ( <; L ).J O II ~ ..,., .., "._) • • • [ • 0 I i I S , rt-<-0" ( (L • n - • r l 1 1 I L-_ • • • I . • • . n ., .1 - • • . ---"" - • • • • 12-2-61 (b) It lball be UDlawful for any pa'10D to erect any booth or stand for the display of any mercbandilc for lldvertisina on any sidewalk or the 1tree11 of the City or to place or allow to be placed any sians or display bouda or any other obltructiom on any of the sidcwalb or streets of the Qty; provicled, however, that DOthilla in this Section shall prevent the receivina or delivcrin& of any l()OCII, wares or merchandise, but that no obltruc:tiolll or lidewalb or llredl for this purpose shall be of loapr duration than is abtolutely ~ for such receivina or cleliwry. (1962 Code, H 15.20 and 15.30) All eDCl'Olldlment iDlo the public filbt or way for the following ltnlCIUnl may be puled, provided the followina tcrmJ and conditions arcaatilried: (I) Eecroacbmlau for r-and retainina walls may be aranted upoe mmptience witb the followina requirements : L F-and raaiailaa walls shall be installed no las than twelve (12) iDCbel behind aidewalb; b. F-and nuiDiaa walls aball be in compliance with all odler applic:IJble ~ and codes. c. F-and nuiDiaa walls shall be adjacent to a street wbida baa b-. la a pavina district or which is not d ·p tcd in the muter atreet plan u one which is propoeed to be widmed or improved. (2) Eoc:roadlmmta for caatilevered awninp, canopies and ....... .., be ..-.S upoe compliance with the followina ~ L CutR ••Ill aWllillp. c:uopill and marca-aball not projm widllill ftw (S) fell of back or curb; b. Cet\l ,..S awaiap, c:uopill and ......-lull not baft ,_ tllu ..... (I) foot dearaace f,-tbe ,__ part of the aWlliq. c:aaopy and marqUtt to the lidewalk; c. Cet2ewred aWDiap. c:uopill and marca-aball be in C'OBplilllN witb all other applicable ~ and eoda. 373 • I • • - .• -· • 12-2-62 ( 3) • • • No encroachment under 12-2~1(c) shall be effective unt il an encroachment permit and indemnity agreement have been signed by the property owner requesting the encroachment and recorded in the office of the Clerk and Recorder of Arapahoe County. Said encroachment permit and indemnity agreement shall be prepared by the Director of Community Development and, if meetina all requirements , approved by him, and the Director of Public Works , if meeting all requirements , shall approve the encroachment permit and indemnity agreement ; the encroachment permit and indemnity agreement shall contain the legal description of the property owned abuttina the public riaht of way to be encroached, the purpose of the encroachment. that the encroachment permit and indemnity aareemcnt is a revocable liceme, revocable by City Council, at will, and that property owner, or their heirs and auips, shall remove said structllte within thirty (30) days after notice of revocation , that the property owner is estopped to deny the right of the City to revoke the encroacbmmt qrecment, and that the property owner aarca to rcimbune and indemnify the City for all expenses of rcvoltiq the aareaneot or removing the encroachment. Tbe property owner requesting the encroacbment lba1J pay all rcuoaablc apcma of preparing and recording the encroacbmeot permit and indemnity aareement. (d) All requests for encroacbmeots into public risht of way not herem idllllified shall be made to the City Council. (Ord. No . S2, H 1,2, Saia of 1979) U-Wl: DISCHARGE Of UQUIDS PROtualTED It sball be unlawful for any penoo to dilcbarae or pamit to be dischar&ed any industrial or commercial water, or any polluted or ooataminated waste upon the sidewalks, streeu, alleys or auucn witbio the City; or to tbrow or discharge from any prcmillCI any water , Ovid or liquid substance which will injuriously affect the surfac:e or any IUeCt, alley or sidewalk, or make the same unsafe for travel. (1962 Code, I IS.2S) 374 • • • I • • - ' • • • • • • M E ~ 0 R A N D U M ---------- DATE: Garv Diede, Director of Engineering Services ~mans, Acting Director of Conmnmity Development November 15, 1982 SUBJECT: Request for Encroachment The Englewood Board of Adjustment and Appeals granted a variance to Mr. R. J. Pauley of 3200 South Dolming Street to construct a garage on the north property line. This variance was granted at the meeting on October 13, 1982. At that time, no construction plans had been prepared, and the staff and Board were not -are there would be an eave overhang. This overhang will extend over the city right-of-way two (2) feet. Mr. Pauley is now requesting that an encroach nt be granted for the two (2) foot eave overhang in order that his garage can be constructed with a design similar to that of his muse. Would you olease let this Deparcment know if there are any problems with this request, or if the requeat is approved by your Department. Thank vou. gw ti u,,,,,ur ,,,.._.,( /Q>-.,_~ -. d-; /1,y /1-,-,,/ /.-1 ?"'. "'?"'- I'"~ ,.__,._ * ,t,_ 1 ¢h/ ~6. - s:. .&----eL ' • I • • - • • • • - M E M O R A N D U M Director of Co11111unity Development 1982 SUBJECT: Request for Encroachment The Englewood Board of Adjustment and Appeals granted a variance to Mr. R. J. Pauley of 3200 South Downing Street to construct a garage on the north property line. This variance was granted at the eting on October 13, 1982. At that time, no construction plans had been prepared, and the staff and Board were not a.rare there would be an eave overhang. This overhang will extend over the city right-of-way two (2) feet. Mr. Pauley is now requesting that an encroachment be granted for the two (2) foot eave overhang in order that his garag can be oonstructed with a design similar to that of his house. Would you pleas let this Department know if ther ar any problems with this request, or if th request is approv d by I/Our Depart: nt. Thank ou. a. J?et?J I R.o.'-1). -e.. nC' roc...c l _., e J We:,-~[) hee[} {' • tvn C' ,· I ,,c;_ =-t17t17 r try~. /~ NOV Z g 198Z • I • • - (, • • • • SPECIAL HEARING BOARD OF CAREER SERVICE COMMISSIONERS SEPTEMBER 16, 1982 5 k IN THE MATTER OF AN APPEAL FILED BY MILES KUBLY, FIREFIGHTER 3RD CLASS, THE BOARD OF CAREER SERVICE COMMISSIONERS RENDERED THE FOLLOWING DETERMINATION OF THE TIMLIN1S3AND SUBSTANCE OF SUCH APPEAL: THAT AS THE APPEAL WAS BASED UPON THE QUESTIONS CONTAINED WITHIN THE DRIVER/OPERATOR/ENGINEER PROMOTIONAL EXAMINATION, THAT IT SHOULD HAVE BEEN FILED WITHIN FIVE DAYS OF THE DATE OF THE EXAMIN ATION , NOT FIVE DAYS FROM THE POS'I'ING OF THE ELIGIBILITY LIST, AND IS THEREFORE DETERMINED TO BE UNTIMELY. THIS IS IN ACCORDANCE WITH THE ORDINA.t~CES, 5-3-1: MERIT APPEALS. Commissioner Pokraka moved, seconded by Commissioner Kerzic , that the subject matter of the appeal was within the Board's jurisdiction Lo hear and wa s appealable . AYES : Turner, Pokraka, Kerzic. Weber AYS : None Commissioner Turner moved, seconded by Commissioner Kerzic that Lhe Appeal of il s Kubly was not timely. AYES : Turner, Pokraka , Kerzic, Weber AYS : one I I I '-- Donald I. Web r, Chairm n , . • I • • I I r.-i • • • CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION November 9, 1982 s I. CALL TO ORDER. The regular meeting of the City Planning and Zoning Commission was called to order by Ch airman McBrayer. Members present: Allen, Barbre, Becker, Ca r son, Gilchris t, McBra yer, Senti, Stoel Members absent : Also present: Romans, Acting Ex-officio Tanguma Assistant City Attorney David Menzies Fire Marshal Walt Groditski Senior Planner Susan King Planning Intern Jeri Linder I I. APPROVAL OF MINUTES . Chairman McBrayer 5, 1982, were to b tated th t Minutes of September 28, 1982 , and October consid rd for approval. Carson moved: Stoel seconded: Th Minut of S ptemb r 28 , 1982, be approved a written. AYES: Barbr , B c r, Carson , S nti, Sto 1 NAYS: None ABSENT: Tan waa ABSTAIN: Gilchri t, Allen The motion carri d. Becker mov d: Carson cond d: Th Minut of Octob r S, l 82, b approved a written. AYES: Reck r, Car on, Gilchri t, McBray r, Sto 1, Allen AYS: ABSENT: ABSTAl : B rbr Th motion ~arri d. lll. Ca 119-82 an ordin nc on goal• t forth background lnfor- 1 I • • -• • - -2- stated that Mr . Menzies has met with the staff, and that he has attempted to take into account comments made by the Conunission in pre vious discussions on condom inium con versions. Mr. Menzies noted tha t with the exception of the State law requiring 90 day notice to tenant s , th ere are no significant ordinance s governing the con- version to condominium units. He stated that in drafting the proposed o rdinance, he has tried to take a moderate approach a nd emphasized that this is a first draft which ma y be added to, or deletions ma y be made. He stated that he worked closely with Gary Pittman, Stu Fonda, and Walt Groditski to try to incorporate the nece sary c r iteria a s far a s building provisions, utility requirement s , and fire prevention were concerned. He discussed further research that he had don on this matter, including the National Co ndo minium Act. Mr. Menzies s tated that the dra f t ord i nance he has prepar ed is to serve as a guideline for developers and l andown ers wishing to convert t o condominium units. He noted that there were man y aspects that had to be con sider ed: the developer, the land owner, the tenant, and the prospective purchaser, as well as the general overall welfare of the Ci t y . Mr. McBrayer asked for an explanation as to wh y an apartment building may be acceptable for occupancy by renters , but if it is t o be con verted to condominium own ership , it must meet new cod s; what is th rational of thi difference? Mr. Menzie s tated that he felt prop rty owner s wer more involved with th p r operty than a tenant --a property own r would want to know that the unit was s tructurally sound , and if ev ryth ing wa in good working order. An owner or buyer who i puttin money down on a unit would hav more of a "ve ted in t r t" than a pre ent tenant of th unit. Mr. M nz i not d that through th condominiUlll conver ion ordinanc , there may b an oppo rtunity to correct some matter th t may b un af in a building. Upon a que t ion on the d finition of th a of th tenant, Mr. M nzi s stat d that this d flnilion i that u d by HUD. Hr. Beck r sk d what difference ther if an apartment Chi f Grodltskl • th n 0 l n I • • • • • -3- Mr. Allen s tated that he felt the notic e to tenants s hould be the same, regardless of whether or no t they are elderly or handicapped. Mr. McBrayer and Mrs. Becker disagreed, indicating they felt the elderly or handicapped pers on might need more time than younger, physically/mentally capable tenants. Mr. Gilchrist asked who would make the determination as to whether an individual was handicapped; would this be by medical verification? Mr s . Becker suggested that qualifications for SSI assistance be used to determine handicapped individuals. She stated that she felt a handicapped tenant should be able to provide proof of their handicap . Discussion ensued. It was determined that in Section 4 of the proposed ordinance, §§(d), (e), and (f), which sections address special protection for the elderly and handi- capped, be eliminated, and that§§ (c) be amended to require 120 day notice to all tenants. Mr. Menzies then addressed Section 5, Physical Elements Report. He noted that this is only a "disclosure" statement and would not be a basis for refusal or acceptance of any application. Mr. Allen stated that the requirement that this report be made by a certified engineering firm is of concern to him, noting that opinions rendered by the engineering firms may or may not accurately reflect the actual condition of the premises . Discussion ensued. Mr. Groditski suggested that inasmuch a th condominium conversion is not something that is going to happen with great frequency, that the City Building Inspectors might be assigned responsi- bility for determining the condition of the physical elements. Discussion en- sued. Mr. Groditski pointed out problems that could arise from a private en- gineering firm certifying to compliance with City Codes; something could be approved by the private engineering firm that would not be acceptable to a City Inspector. Further discussion ensu d. It was suggested that the appli- cation fee might be increased to $500, and if the conversion of the structure to c ondominium units is approved and the land owner follows through on the conversion, that $250 of this application fee could apply toward building permit fe s. Mr. Gilchri tas k dhow often apart nt buildings ar inspected by the City. Mr. Grodit k i tat d that the Fire Depart nt will inspect the cotmDon ar as o ne ach y ar; he mpha ized that this i not th individual apartment, b ut th coDDOn a rea u c h furnace room, laundry room, et c . Di cu sion e n u d. ~r . Gr o d i t eki noted th t if th City would a wne the re pon ib i lity for i n p c t ion • o n condomin i um conv a c h i nd i v i dual un i t wou l d hav e to b inspec t e d a 11 a th c o l. 2. Mr . Stoel stated that h flt th th propo d ord i nanc • H Co-is ion tat d that h hould flt To pro t ct th publ i To h lp th d v t o p r or own r wh o want • to c onv rt units to condomin i um t h felt th Mr. to 1 nd ci t d in c tion S , a liafna d ould iv th d - th major oal i s r 1 who might purc ha a Furth r diecu ion na u d. c tion which would r quire a Phy t e al r t pro d ordinanc. • I • • -• • - -4- ir. Gilchrist asked the differe nce betw en a private home owner with a tenant selling and an apartment complex owner selling each unit. He questioned that there was a difference. Mrs. Romans cited an apar tment development in Englewood which might convert to condominiums; the streets in this complex are privately owned, as are the water and sewer lines, and neither the streets nor the utilities were installed to City specifications. Whenever a repair is made to the water service in one unit , for example , the water for th n- tire complex must be turned off. Mr s. Romans stated that discussions with the Utilities Department has resulted in the determination that the City cannot accept maintenance responsibility of those private utility lines in that complex. If those individual unit s were to be sold, they would have to be brought up to Code, and there ls nothing enacted in the City at this point that would enable the staff to require co mp liance with the Cods. Wording changes were suggested in other sections of th ordinanc , eliminating reference to cer tified engineering report s, and subs t ituting City staff to do the inspections and assure compliance with th applicable Codes. Mr . Carson questioned whether a condominium conver sion would be consider d as a public building or as a private residence? He noted that there is a difference in the electrical code requirement s betwe n these two classifica- tions. Mr. Groditski stated that h felt an apartment house conversion to condominiums would be classified a s a private residence. Mr. Barbre asked if a purchase of a condominium unit would be given a copy of the warranty of the common areas as indicated in the ordinance? Mr. Groditski s tated that he felt they s hould be aware of problems that may e xist, but didn't know whether it wa s ne cessary that thy have a copy of the warranty. Further discuss ion ensu d. Mr. McBrayer asked if there w re any qu s t ion s in Section 10 , conver sion of office and warehouse building to condom inium . Mrs. Romans cited instance of inquiries regarding th po sibility of converting latge of- fie or warehouse buildings into individual condominium office units. Again, the matter of utility ervice is of great concern. Ir. Gilchris t ugg std th t there w re several ar a wherein wording hould be th sam, and uggested that th wording be: "The develop r hall provide the Community Developm nt taff evid nee of complianc with all appl!cable City ordinances, including, but not limited to th foll 1ng:". struc tur conv rt b cau St t d that h tructur did not t to th Board of Adlu t tion to llow "discr thi could 1 d to mor • 26 o rkin D1s- de- I • • ( • • • • -5- opinion there should be specific parking requirements that the condominium units have to meet. Mr. Gilchrist asked what effect on the tax revenue to the City conversion of apartment units to condominium units would have? Mrs. Romans stated that the property tax assessments are low, and that it probably would not have a significant effect; however, each unit would be assessed vs. assess- ment of one apartment building. Further discussion on the parking requ irements ensued. Mr. Barbre noted that if apartment units are allowed to convert without meeting the require- ments such as parking, why bother with the ordinance on condominium con- versions? Mr. McBrayer suggested that Section 7 regarding parking be eliminated. Upon a show of hands, it wa s the consensus that Section 7 should remain in the Ordinance on Condominium Conversions. Section 9, Fire Protection, was considered. to a "certified private engineering report", the Fire Department personnel would have the compliance. It wa pointed out that reference should be eliminated, and that responsibility to determine Hearing Procedures, Section 11, of the proposed ordinance were briefly dis- cussed. Section 12, Additional Requirements, was then considered. Mrs. Becker asked if the staff knew how many units in the City could b converted to condominium units? Mrs. Romans tated that she would estimat that most of the unit could be converted. She pointed out that 95X of th apartment units in Englewood were built before 1972. Further brief di cu ion ensued. Mr. McBrayer thanked Mr. Menzies for his attendance and discussion of the proposed ordinance. IV. PUBLIC FORUM. There was no one pre ent to addre the Commi ion. V. DIRECTOR 'S CHOICE. Mrs. Romans tat d th t Mr. McBray rand Mr. Tan will attend the City Council Stud S sion on ovemb r 15th, at :30 P.M. to discuss th propo d brochur on "Promot Engl wood". Mrs. Roman tat d that th n xt r gular tin of th Commis ion is scheduled for Nov mb r 16th, at which ti A si tant City Attorn y Tom Hollandi ch dul to att nd to discuss th Downtown D v lop nt District, and th Ord in nc • v r, Mr. Holland ha indicat d that he is on Mr ti tion will v ilabl t that time. Co lsaion mm- Ro n di cu four publi h arln will b am tin tin of D cab r 7th, at which in ddition to on or two oth r ca • I • • - • • • • -6- Vl. COMMISSION'S CHOICE . Mr. Stoel asked if ther had been any in put fro th downtown committee on the landscaping ordinance. Mr s. Romans stated that s h has heard nothing from the co111111ittee since the Commission's presentation. Mr. McBrayer asked what had been done about inviting the businessmen and property owners on Broadway to a meeting to discuss the Downtown Develop- ment District? Mr s. Romans stated that this is in abeyance until the in- formation is available from the City Attorney's Office. Mrs. Becker stated that she would be i n Kansas City on December 7th, and would not be at the Co11DDission meeting. Mr. McBrayer reported on a recent trip he made to Atlanta, Ga., and noted that many of the smaller co11DDun ities in this area have a mall section in their downtown area. He also co111111ented on the landscaping that is provided in these co111111unities . The meeting adjourned at 8:30 P.M. • I • • _n ( • • • - MINUTES ENGLEWOOD, COLORADO BOARD OF ADJUSTMENT AND APPEALS ovember 10, 1982 5 The regular meeting of the Board of Adjustment and Appeals was called to order at 7:30 p .m. by Chairman Roge r Gage. MEMBERS PRESENT: MEMBERS ABSENT: ALSO PRESENT: K.reiling, Hallagin, Gage, Brown , Daw son , Leonard Seymour Dorothy A. Romans, Advisor to the Board of Adjustment and Appeals Larry D. Yenglin, Planner I Sheryl Rousses, Recording Secretary * * * * * * * * * * BOARD MEMBER BROWN MOVED TO APPROVE THE MINUTES OF THE OCTOP.ER 13, 1982, REGULAR MEETING OF THE BOARD OF ADJUSTMENT AND APPEALS WITH A CHANGE ON PAGE FOUR FROM "CHAIRMAN GAGE" TO "CHAIRMAN SEYMOUR". Board Member Hallagin seconded the motion. Upon call of the roll, all members present voted in the affirmative. The Chairman ruled that th minutes stand APPROVED with th one change. * * * * * * * * * * BOARD MEMBER BROWN MOVED THAT THE FINDINGS OF FACTS IN CASES NO. 15-82, 16-82, AND 17-82 BE APPROVED AS WRITTEN AND CASE O. 18-82 BE APPROVED, WITH "LEONARD" 0 PAGE THREE CHANGED TO "PAULEY." Board Member Leonard econded the motion. Upon call of th roll, all m mbers pres nt voted in th affirmative. Th Chair111an ruled th t th Findings of Facts stand APPROVED with the one chan e. o. 19-82 REQUEST: Th tvo f t inst is a variance c and d. * * * * • * * * * * Richard B. and Sharon L. V tle 3775 South Sherman Stre t ngl wood, co 80110 th construction of a carport locat d eid nd rear prop rty lines. Thia Ordinance citon 22.4-7 m (1) poatin and th legal lichard B. V tl , 4021 South • at d that h v nta to u b c yard of thit prop rty for • I • • n ( • Minutes -Page 2 Board of Adjustment and Appeals November 10, 1982 • • - a carport for the car belonging to his mother-in-law. The slab was existing when they bought the pro perty a year ago and would place the c arport in line with other similar structures on the block. To move the slab would damage a mature tree. Board Member Kreiling asked if the carport entry would be concrete, and Mr. Voegtle said they were undecided, but would probably cover it with gravel . Board Member Halligan asked if there were any intention of enclosing the carport for a garage. Mr. Voegtle stated that it would be closed in on two sides only. Board Member Kreiling asked the Staff why Util ities had questioned the closing in of the carport, and Mr. Yenglin replied that Mrs. Roberts had been concerned about the possibility of converting a garage into living quarters at some time in the future. Board Member Brown asked what kind of material would be used in the construction of the carport. Mr. Voegtle said that it would be 4 x 4 basic construction with 2 x 4 vertical members on the two sides with a plywood base covered by a siding material. The roof would be corrugated metal over the appropriate base. Ken Wetterstrom, 3850 S. Sherman,was sworn in and expressed his concern that the carport would be attached to the house. When Mr. Voegtle assured him that the carport would be freestanding and that the entry would be from the alley, Mr. Wetterstrom withdrew his objections. No other persons were present regarding this case. Discussion by the Board ensued. Chairman Gage asked that the Staff Report be made a part of the record. BOARD MEMBER LEONARD MOVED THAT A VARIANCE BE GRANTED FOR THE CONSTRUCTION OF A CARPORT LOCATED TWO FEET INSTEAD OF THREE FEET FROM THE SlDE AND REAR PROPERTY LINES. THIS IS A VARIANCE FROM THE COMPREHENSIVE ZONING ORDINANCE SECTION 22.4-7 m (1) c AND d, ON THE CASE OF RICHARD B. AND SHARO~ L. VOEGTLE AT 3775 SOUTH SHERMAN STREET. Board Member Halligan seconded the motion. Board Member Kreiling xpress d concern bout wh r th columns would be put to avoid furth r encroach nt. Upon a vot , all APPROVED. mbers voted in th affinnativ and the motion was Th Boord Member gav their findings as follows: Mr. Kr iling aid that h voted ye because th what th applicant want s to be covered and the limits his action oth r than at the particular consid red it a hard hip. existing concrete slab is surrounding landscape place. Therefore Mr. Kreiling Mr. Halli an voted yes. people in favor. Th r or a carport • Th re wa a no opposition, there wer ia an xiatin slab there and ther sev ral ia an ed • 0 I • • r ( Minutes -Page 3 Board of Adjustment and Appeals November 10, 1982 • • - Mr. Brown stated that he voted yes because the essential character of the area will not be affected by the granting of this variance, and there are several other structures which are approximately the same distance from the alley as the proposed carport. Mrs. Dawson voted yes because the essential c haracter of the area wi ll not be affected by the granting of this variance, and there are several other structures which are approximately the same distance from the alley as the proposed carport. Mr. Leonard stated that he voted yes because the applicant generally met the requirements for a variance. There are no objections, and he had six letters of approval from his neighbors. It's in line with the other property in the neighborhood. He's making use of a slab that's already there. The carport is for the convenience of his mother-in-law wh o lives there. He'd have to trim back a tree if he didn't use this particular spot. It would not cause an obstruction. Chairman Gage stated that he voted yes and said that he concurred with the other Board Members' findings in this matter. * * * * * * * * * * CASE NO. 20-82 Jack and Dorothy York 15 East Quincy Avenue REQUEST: The applican t is requesting a change in a Registered Nonconforming Use from the sale of space heaters and other products to an office and warehousing of small auto supplies. This is a variance from the Comprehen- sive Zoning Ordinance Section 22.6-4 --Change in Nonconforming Use. Chairman Gage tated that he had verification of posting and the legal advertising of thi s case had been given. Hr. Jack York, 4070 South Grant, Englewood, Colorado, 80110, was sworn in. He stated that he wanted to move his business to 15 East Quincy Avenue. His busin ss is an automotive supply business, dealing in small supplies and parts. He stated that he does no retail and no off-the-street business, and deals only in wholesale. He said there is parking for two or three cars on the property, and they would not need a large parking lot, and no bulk flammable liquids would be stored on th prop rty. Bo rd M mber Kr ilin ask d if the garage is us ble . Mr. York responded that it is usabl and would b used to store anything that dos not freeze. He stat d that h and his wi fe would be th only employees. Mr. John Hays, 15 27 E. Templ Place, Aurora, was sworn in. He stat d th th wash lf owner of the building which h d been vacant 90 days. H stated that it wa a burden to him if the property remained vacant. Th r w r no peak rs oppos d to the request for the varianc • Board M mb r Kreilin qu tioned the necessity of requ sting a varianc with ch chan int nants. Mrs. Romans replied that there should be • I • • Minutes -Page 4 Board of Adjustment and Appeals November 10, 1982 • • • separate hearings, because this is a change in a Nonconforming Use. The Planning Commission considered the rezoning of this property to B-2, Business, several years ago and determined that it was better to consider each case separately rather than changing the zoning on the property. BOARD MEMBER DAWSON MOVED THAT A VARIANCE BE GRANTED ON CASE NO. 20-82 , TO JACK AND DOROTHY YORK, 4070 SOUTH GRANT STREET, ENGLEWOOD, COLORADO, ON THE PROPERTY AT 15 EAST QUINCY AVENUE, ENGLEWOOD, FOR A CHANGE IN THE REGIS TE RED NONCONFORMING USE FROM THE SALE OF SPA CE HEATERS AND OTHER PRODUCTS TO AN OFFICE AND WAREHOUSING OF SMALL AUTO SUPPLIES. THIS IS A VARIANCE FROM THE COMPREHENSIVE ZONING ORDINAN CE SECTION 22.6-4 CHANGE IN NONCONFORMING USE. Board Member Brown seconded the motion. Upon a vote all members present voted to APPROVE the variance. The Board Members gave their findings as follows: Mr. Kreiling stated that he voted yes, as various small businesses have been in and out of the building for years past, and the building is peculiarly limited t o such use. The reasons as given by the owner and also the proposed tenant seem to satisfy the hardship conditions. Mr. Halligan stated that he voted yes. There was no opposition to the request and it has been a hardship t o Mr . Hayes, the half owner of the building, to keep a small business in it . There's be n a small business in th~s building fo r ov r thirty years. There were six letters in favor. Mr. Brown stated that he voted yes b cau e this building is on the boundary betw en the R-2 and B-2 zo ne districts,and small business s that ar going to go into this building will fit into th community and the neighborhood a nd will not hurt anyone. If this buildin wer to b remodeled it would cost quite bit of mon y to mak it r sidential. H voted to give the variance to the small business and keep it o rcial. Mrs. Dawson stated that sh v o ted yes. in th re, th re ould be no parking probl •· suit d for an offic and th w rehousin of six 1 ttera re in • It's too s 11 for Mr. Leonard tat d that h voted or av rianc and it's going to h pproval fro six of th problem with par in b c us co to thia typ of op ration. Chair buain aa plac to approvin • busin ss going that size is w 11- Th re w r nta t thia ... 11 n offic and a roa th n i hbora I • • - ( • • Minutes -Page 5 Board of Adjustment and Appeals November 10, 1982 • • • DIRECTOR'S CHOICE. Mrs. Romans stated that pursuant to the Board's request, she had asked Mr. DeWitt for clarification of his comments at the last meeting relative to the proper procedure for making motions, but Mr. DeWitt has not responded at this time . She reminded the Board that the annual meeting would be at 7:00 on Wednesday, November 17. The meeting was adjourned at 8:08 p.m. • I • • • • • E)IIGI.&.mD , CO RAOO OOARD OF ADJUS'lMENr APP E)IIG LF CO E CLUB l{)lJSE Novent>er 7, 1 'lhe Annual rreeting of the Board of A called to order by Chairman Roger men and Appeals was MEMBERS PRESENT: Kreiling , Hallagin, Seyrrour, age , Brown , Dawson , Leonard . ALSO PRESENr : Dorothy A. Rorrans , Advisor to the Board of Adjustment and Appeals Iarry D. Yenglin , Planner I Sheryl Rousses , Recording Secretary Chainran Gage asked if there were rratters to be brought before the Board. Board Member Seynour stated that he would like to discuss the Staff Reports which are prepared for each Board Case. He stated that he does not believe that applicants for variances should be given co ies o the arr Report . Board Ment>er Kreiling stated tha he does not appreciate being given Lhe Sarr Report because he believes that it is his responsi 111 y o lis en at the meetings and form his opinions fran hep eedings. ed. R VARIANC BE AFF. ed the tion. , .1 . rs vot in the ffi tiv, and the lared tha the nntion APPR'.:JVcD. • I • • - ( ( ( • Minutes, November 17, 1982 Poard of Adjustment and Appeals Page 2 • • • Mr. Yenglin suggested that ne,ct rronth the Staff would like to give the members of the Poard notebooks containing the Minutes, Agenda, variance applications and Staff Reports. Discussion ensued . It was decided to try using the notebooks for a rronth and then deciding if it should be continued. 'lhe Meroers discussed other rmtters relating to Poard procedure, but no further action was taken. 'lhe meeting adjourned at 9:20 p .m. ~/4'. ... ,__/ Sheryl Rousses, Recording Secretary • D I • • ( ( • • • ENGLEWOOD IXlWNTOWN DEVELOPMENT AUTHORITY 3535 So . Sherman , Englewood, CO 80110 MINUTES Special Board Meeting November 22, 1982 Board Memb r Present: Bush, Close, Coleman, Gasson , Holthaus, Kaufman, Mausolf, Maxwell, Owens Board bers Absent: Neal, Pendleton Staff Pr sent: M. Haviland , P . Dietrich Gusts: J. D. P arc , John Pearce Chai rman Gas on call d the Special Meeting to order at 5:05 PM on November 22 , 1982. TRI PARTY AGREEMENT -Mr. Kaufman moved , seconded by Ms . Own s , to approv the Tri Party Agr em nt as distributed. It was noted that this was a redraft of the o ri inal document from the attorney. The motion passed unanimously by voice vot Chai rman Gasson suggested that the Executive Committee review th proposal from Project for Public Spaces and from American City Corporation and mak a r commendation to the Board. After much discussion on wh ther or not to engag both companies as consul tants and how much mon y should be allocated, Mr. Hausolf mov d, s cond d by Mr s.Holthus, to maintain th pr vious d cision r garding hiring a con s ultant and giv th Ex cutiv Committ th authority ton gotiat nd x cut a contract wlth PPS and Am rican City Corporation. Additionally, th Executive Committ is to further d fin th contract from a legal point of vi wand determin th xact scope of th work program for th consult nt (s). This pric is not to exc d $25,000. Roll call: Bush, ay Clo , ay ; Col man, y ; Gas on, y Holthau , y Kaufman, no; Mausolf, ay Maxw 11, ay ; Owns, ay Th motion pass d: 8 to 1. Chairm n Gasson appoint d a committ e compos d of Ms. Owns, Ms. Bush, and Mr. Col man to study h Broadway d sign guid lin sand r port back to th Board t th Decemb r Board m tin • I • • -• • • Chairman Gasson reported to the Board that he and Mr. Kaufman have had sev ral meetings with City Staff and the Urban Renewal Authority to discuss the officially adopted limit of $10,000 posi tion of URA on relocation reimburse- ments. Mr. Gasson suggested that URA compensation should include physical moving costs and con sideration of special business improvements less depreciation. Philosophically, any r elocation should be aimed at creating a new turn-key business operation and keep the b u siness as nearly whole as possible. DIRECTOR 'S REPORT The Director presented the Management Team and Urban Renewal Authority Minutes for review and discussion. The Executive Director reported on the Progress of the 1983 Calendar. This mailer will give an update review of the downtown redevelopment project. Also, after the EDDA Staff initiated the Englewood Brochure idea through the Englewood Planning Commission, the City has now assumed responsibility for producing this brochure . The Board directed the Executive Director to write a thank you letter to Mr. Bud Brady regarding his proposal for th redevelopment of downtown Englewood. It was noted that any Board members who has questions regarding the red evelopment plan that the consultants would critique should put them in writing. The Executive Director can th n forward them to th Executive Committee. There being no further business, th meeting was adjourned at 6:55 PM. I • • • • • • ENGLEWOOD DOWNTOWN DEVELOPMENT AUTHORITY 3535 So . Sherman -Englewood, CO 80110 MINUTES December 8, 198 2 s Bo ard Membe r s Present : Bush, Clos e , Gasson, Holthaus, Mausol f , Maxw ell , Neal, Owen s , Pendleton Board Members Abse n t : Co l eman, Kau f man Staff Present : M. Hav iland, P . Dietr ich Gues t s: Andy McCo wn, Dor o t hy Da l qu ist, Dic k Hin son , Ed Cordova Chairman Gasson called the r egular meting to ord rat 12:07 P on December 8, 1982. Followi ng intr oduc t ions , t h Minutes of the Novemb r ~ ular present d for approval. Mr. Maxwell mov d, second d by Mr . app r oved t he minu t es f r om t he Novembe r 10 , 1982 Regular passed una n imously by vo ice vo t. The minutes from th w re presented fo r approval . Mr . Gasso n n ot d a f w c or r ctiona. Mr. Ma usolf moved , seconded by Ms. Bush, to app r oved th minutes from t h November 22, 1982 Special Meting a s corrected . Th aotion pa s s d unanimously b y voice vot • BILLS FOR PAYME~"T -Mr. Pendl ton moved , s cond d by Mrs . Holthaus , t o a p p r ov d th bills a pr anted. Th motion pa s d unaniaou s l y by voic vo t TREASURER 'S REPORT -Mr. Mausolf mov d , s cond d by Mrs. Holthau s , t o a ce pt th Tr asur r's R port as submi tted. Th motion paaa d unanimously by voic vot . BROADWAY DESIGN GUIDELINES -It wa s d cid d to hav n op n h ring for local m rchants tor vi w th Br o dway ign Guid l i n a. Jn January, 19 3, th EDDA will sch dul thia public h arin with n Enai n to inform th public as to th xact d sign uid lin a that a r pr o poa d. It may alao b n cessary tor activat th surv y to det rmin th int rat and amoun of par icipation of Broad y m r chanta for th f d ral loan pro raa . • I • • • • • RELOCATION CONCERNS -There is still a limit of $10,000 on relocation expendi- tures. Urban Renewal Authority has made a provision for a larger amount when the proper procedures have taken place, and when the URA has, in fact, purchased the property. It is up to the indiYidual who is going to be re- located to follow this procedural course. Dick Hinson stated that he would get the necessary forms and document the procedures for the relocation to define the procedural course. AMERICAN CITY CORPORATION -The Executive Committee had reviewed and approved a draft of the contract with American City Corporation. However, Brady Enterprises voiced strong objections to the consultants indicating that the study could result in possible technical problems in successfully marketing the tax increment financing. An effort is being made to redefine the contract to address concerns before new interview appointments are made or a contract is signed. REVIEW OF ADMINISTRATIVE ASSISTANT -This topic was turned over to the Executive Committee for study and action in January, 1983. There being no further business, the meeting was adjourned at 1:45 PM. • 0 I • • - TO: FROM: DATE: SUBJECT : • • • Andy Mccown, City Manager Roger Steinberg, Captain, Fire Department December 8, 1982 TRIP TO NATIONAL FIRE ACADEMY I would like to take this opportunity to express to you my graditude for allowing me to attend the National Fire Academy in Emmitsburg, Maryland, November 8-19. The National Fire Academy offers 22 courses that are aimed at reducing the nation's losses due to fire . The courses offered range from two to three weeks in length and cost students only $11 a day for meals. All other costs are absorbed by the Academy. For this cost, one might expect the quality of instruction to be less than adequate . I can assure you that this is not the case. The instruction is of a very high caliber with every student having learned a great deal and returning to their in- dividual jurisdictions with the tools to i.mpliment what they have learned. The course I attended is titled "Planning for Hazardous Materials Emergencies". The course introduces the student to the techniques and procedures needed o adequately plan for and handle a hazardous materials incident. Although the focus was on hazardous materials incidents, the techniques are the same as those utilized in any disaster that would require multi-agency involve- ment. The first day was devoted to student introductions, an opening exercis de- signed to aquaint the student with the benefits of proper planning, a course overview, pre-test, technical review, introduction to W stville; a fictional model conununity that is used as an example throughout th course, and finally an orientation session to th lil>rary facilities available on campus. The second day was devoted to further review of strategic and tactical principles students need to understand. These principles were review d only as each student was expected to have studied them prior to enrolling in his course. The rest of the day was devot d to id ntifying key principles of pl nning and the primary and secondary gencies that would be involved in th local planning process. Ho work for he evening w s to outline a plan using w stville as a mod 1. A compreh nsiv Hazardous Materi ls Incident Response Plan, to be written by each student and using this outlin was due th second week. Day three focus don the special requirements involv d with r diologic 1 hazards and how top rform a coll'l'llunity risk analysis. Dy four was spent on identifying th Federal, Stats and local gencies h may be involv din a hazardoua trials incident, and th resource, o e ch. A ho work assignment was o v lop a list of assistance re- sources available in the student's own c oamunity . • ) I • • ~ ( • • • ... Andy Mccown/Roger Steinberg Page Two Day five was spent in Washington D.C. getting a "hands-on " tour of t wo widely used national assistance resources: Chemtrec Headquarters and the National Response Center. The weekend was spent in New York City riding with Rescue 4 of the New York Fire Department. This unit is New York City's Hazardous Materials Response Unit. This trip was arranged by mysel f and afforded me the o pportunity to observe first hand the methods utilized by another agency. Day six was devoted to the understanding of the legal issues involved in hazardous materials incidents and also the factors to be weighed in the event an evacuation is necessary. Day seven was spent demonstrating the procedures needed to command, coordinate, and control emergency organizations assembled to stabilize and clean up an incident. Also , students spent time in understanding the organizatio n, function, and role of an emergency operations center. The evening wa s a special session where a Hazardous Material s Technician who was actively i nvolved gave us an accounting of the Livingston LA. trairl derailm nt and fire. Day eight focused o n the proper critiqu ing of an incident. Also , students conducted a 13-point strategic analysis for four incident scenarios. The Hazardous Mate rials Response Plan written by e a ch student was turned in. The evening was spent with a ield trip to Three Mile Island. Day nine w s spent at the Montgomery County MD . Fire Training Academy. S udents w r ssign d various roles and d monstr ted how to effectively manag a simul ted incident utilizing the Academy 's simul tor. Day t n was th las ay. It was spen wi h th cours e valua ion, dis- cussion of s udent plans, and how course m teri 1 can be applied locally. Graduation x ercis s follow d. This cours does was d sign d to illustrate to th stud n the chaos th t can and ta incident in the absenc of a workabl response pl n. as n cessary. incid n . Hf y b Th n you q can n1 will in CCI Ch et Bro n s. P. Trunck, 8/C the student o he oola nd procedures ne d d Il w s w 11 orq nized, co 1 te, it highly. A concise, w 11 thought-ou , nd I fe l h th City of Engl wood ny local and reg onal plana and u has every potenti l of being he si e of a jor to d te response pl n, pro r yd ge or loss of necess ry. nd I 0 • th knowl d l gained •rials inciden . I • • • • • - M E M O R A N D U M To : Dorothy Romans, Acting Communit y Deve lo pment Englewood City Council 5 ,.. From : Englewood Housing Authority Frances Buck Jonas~stant Director for Housing Community Development ~v Executive Director, Englewood Housing Autho rity Date: De cemb e r 14 , 198 2 Subject: REPORT ON 1982 ANNUAL CONVENTION OF THE NATIONAL ASSOCIATIO N OF HOUSING AND REDEVELOPMENT OFFICIALS (NAHRO) The Englewood Housing Authority financed my attendance at the NAHRO Annual National Convention in Boston , Massachusetts, on October 23 -28 , 1982. In addition to convention sessions , I attended meetings of the National Co mmunity Revitalization and Development Committee (CR &D) and the National Boa rd of Credentialling Trustees for Public Housing Mana gem ent Certification (BCT) on which I serve as a r epre sentative of the Mountain Plains Regional Cou ncil. This year 's convention was specifically designed to bring together th nation 's fo r emost xpert s in hous ing and cormnunit y developm nt , nation 1 leader s , and individual AHRO memb r s to work ou t how best tom t th housing ne ds of low and mod rate income Americans , and th onomi and community d v lopment needs of larg ands 11 o uniti sin an er of shrinking f d ral budgets nd e onomic rec ssion. During th op ning ession f aturing HUD Und rsecret r y Don ld H vd , prot stars from al nt city st up on th Boston Co os er sh d th ting ch nting th ir frustr tion a t the m.assiv cuts in housin a sist- an progr ms. I cone ntrated on workshops r garding financing alt rn tives nd propos d 1 gislation nd r gulations for assis t d hou in ommunity d v lop nt progr m which w re us ful for pl ooin uncertain futur • for hou ing nd for n I • • _n - Dorothy Romans Englewood City Council Englewood Housing Authority -2- • • • December 14, 1982 I also toured three suburban assisted housing projects which were financed by the Massachusetts Housing Financing Authority. (See the attached description) . I appreciate the opportunity to attend this convention provided by the Housing Authority and City. FBJ:db Attachment • I • • - ( ( • • • • National Association of Housing and Redevelopment Official s Massachusetts Housing Finance Agency North Shore Tour October 26, 1982 Stop l, 9:30am -10:45, Tour, Coffee, Movie (20 min.) King's Lynne O'Callaghan & Garfield Avenue Lynn, Massachusetts King's Lynne, a mixed-income apartment complex jointly owned by the King's Lynne Tenant Association and a private developer, has proven to be not only a true success story but it has become one of the jewels of MHFA's $1.5 billion portfolio. The development is located on the former 57-acre site of America Park, a state-aided public housing project which had been plagued with problems since its construction in 1951, and was deemed unfit for human habitation in the early 1970's. Through the enactment of an innovative Massach usetts law (Ch. 884) which authorized the replacement of substandard publicly- owned low-income housing with mixed-income units that are privately owned and managed, America Park was demolished and the site was redeveloped as King's Lynne. In addition to a $19.l million MHFA loan for construction and permanent financing, another $6 million in funds were provided by the Commonwealth for retiring America Park's outstanding debt; relocating existing tenants and establishing a tenants' transition task force; demolition expenses; and management and security at the site during the transition period. Today the development boasts 441 one to four-bed room units, including 137 townhouses, 48 garden-style apartment s and 250 apartments in mid-rise, elevator buildings. Twenty-two of these units are designed for tenants with physical handicaps. Rents for all of the units are subsidized through a state interest subsidy program (13A). In addition, 180 of the units are also supported by a state-funded leased housing program (Ch, 707 ), The development also offers play areas for small children a large community building, and a full range of recreational and sports facilities. • D I • • • Stop 2. 10:55am -11:25am, Tour Saugus Commons Newhall Avenue Saugus, Massachusetts • • • Saugus Commons was opened for full occupancy in 1981, providing the largely residential Town of Saugus with its first rental-assisted, housing development. The project was financed through a $10.6 million MHFA loan. Set on a 26-acre, naturally landscaped site, Saugus Commons offers 266 apartments for families and senior citizens. These apartments include 165 one-bedroom, 75 two-bedroom, and 26 three- bedroom units, all of which are contained in garden-style buildings or separate clusters of attached townhouses. Although a small percentage of the tenants pay full market rents for their units, 11e>st are assisted through Section 8 subsidies. Saugus Commons also offers its tenants a community room, an area for gardening, a tot lot, lighted tennis courts, and a swimming pool. A solar hot water system was constructed in one of Saugus Connons' large building through a BUD Solar Demonstration Program. Stop 3. 11:45 -12:15, Tour Robinson Mill 123 Medford Street Malden, MA Before the Rob i nson Mi ll was converted to housing in 1979, it was the home of the Potter Drug and Chemical Company, manufac- tur er s o f Cuti c u ra s oap. The redevelopment of the 1892 brick, cl a ssic r e v i val mill i nto hou sing--primarily for the elderly--wa s car r i ed out wi th a $3 .6 aillion loan from the MHFA. Th e four -sto ry Ro b i n so n Mi ll now conta i n s 94 apartment s , including 8 3 o ne-bedrooa, 8 two -bedroom, an d 3 three-b e dr o om units. Nine of the units are specially designed for tenants with physical handicaps. All of the re n ts in the development are assisted by Section 8 subsidies. A separate building at the site, built in 1820, is used as a summer recreation center for residents of the complex. The Robinson Mill is 3 blocks away from shopping facilities and a complete range of aedical services. In addition, on-site elderly care programs are offered by the City of Malden, and a senior center and the Malden Council on Aging are only a short distance away. • I • • - ( ORDINANCE NO. 5 V' SERIES OF 1982 • • • BY AUTHORITY COUNCIL BILL NO. 64 INTRODUCED BY COUNCIL MEMBER BRADSHAW 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 i n 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 Dece mber, 1 982. Read by title and passed on final reading on the 21st day of Dec mber , 1982. Published by titl Ordinance No.~~~-' S ries of 1982, on the 22nd day of December, 1982. Eugen L. Otis , May or Attest: ex officio City Clerk-Treasurer 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 • I • • ORDINANCE NO.~ 4' SERIES OF 1982 BY AUTHORITY • • • COUNCIL BILL NO. 64 INTRODUCED BY COUNCIL MEMBER BRADSHAW FOR AN ORDINANCE AMENDING TITLE XV, CHAPTER 4, SECTION 9(a) (6) RELATING TO METH OD 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 CI TY 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 . Read by title and passed on final reading on the 21st day of December, 1982. Published by title as Ordinance No.$/p the 22nd day of December, 1982. At est: ex officio City Cl rk-Treasurer • , Series of 1982, on Eugene L. Otis, Mayor 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 .,:,:'(p , Series of 1982 . Gary R . Higbee • I • • - ORDINANCE NO. ,5 \ SERIES OF 1982 • • - BY AUTHORITY COUNCIL BILL NO. 65 INTRODUCED BY COUNCIL MEMBER FITZPATRICK 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 ENGLEWOOD, 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 ANO OTHER GOOD AND 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 confinn 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 Horth 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 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 JO feet to Point of Beginning. • I • ! !"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 tbe real property conveyed hereby and for public parking of vehicles. Together wit~ 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 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, ibe above bargained premises in the quiet and peaceab l e possession of the grantee, its heirs and assigns aga i nst all and every person or persons lawfully claiming or to claim the D 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 her eun to subscribed by its Mayor, and i ts corporate seal to be hereunto aff i xed, attested by i ts City Cl erk,the day and year first above written . THE CITY OF ENGLEWOOD Attest : a Colorado municipal corporat i on Ci t y Cl e rk Ma yo r section 2. That the City Council of the City of Engl wood hereby authorizes the Mayor of the City of Engle wood to affix his signature to the special warranty deed described in Section l hereof and authorizes the Director of Finance ex officio City Clerk-Treasurer to attest the same. s ction 3. The City Council of th City of Englewood hereby authorizes the City Manager to execute and the City Attorney to prepare and deliver thos documents necess a ry to effectuate th• purposes of this Ordin nee. 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. Read by title and passed on final reading on the 21st day of December, 1982. Published by title as Ordinance No·~~~~' Series of 1982, on the 22nd 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 the Ordinance passed on final reading and published by title as Ordinance No. , Series of 1982. Gary R. Higbee Eugene L. Otis, Mayor 3 I • • n - - • ORDI NANCE N0.\_.)-1 SERIES OF 1982 • • - BY AUTHORITY COUNCIL BILL NO. 65 INTRODUCED BY COUNCIL MEMBER FITZPATRICK 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 ENGLEWOOD, CO LORADO, 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 Th fs Deed made this day of , 1982 between the City of Englewood, Colorado, a-ciiTorado 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 •unicipal corporation, with City Hall at 4400 South Federal Boulevard, Englewood, County of Arapahoe, State of Colorado, 80110, hereinafter Mgrantee"; 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 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 Meridian, Ara • pa hoe County, State of Co 1 orado; thence East a 1 ong 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 wit~ 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 bargained 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 premises i n 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 ANO FOREVER DEFEND. IN WITNESS Wl:lEREOF, the grantor has caused its corpor1te n1111e to be hereunto subscribed by its Mayor, and its corporate se1l to be hereunto affixed, attested by i ts City Clerk,the day and year first above written . Attest : THE CITY OF ENGLEWOOD a Colorado municipal corporation City Cl erk Mayor Section 2. That the City Council of the City of Englewood hereby authorizes the Mayor of the City of Englewood to affix his signature to the special warranty deed described in Section 1 hereof and authorizes the Director of Finance ex officio City Clerk-Treasurer to attest the same. Section 3. The City Council of the City of Englewood hereby authorizes the City Manager to execute and the City Attorney to prepare and deliv r those documents n cessary to eff ctuate the purposes of this Ordinance. 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. Read by title and passed on final reading on the 21st day of December, 1982. Published by title as Ordinance No.~'7 , Ser i es of 1982, on the 22nd 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 the Ordinance passed on final reading and published by title a s Ordinance No.....s=J , Series o f 198 2 . Gary R. Higbee Eugen• s , Mayor / 3 • I • • • • • 0 I t\U I MUI\! 11 ORDINANCE NO. COUNCIL BILL NO . 62 INTRODUCED BY COUNCIL MEMBER~ SERIES OF 1982~~ A 13ILL FOR • AN ORDINANCE REPEALING ANO REENACTI NG CIIJ\P'fERS 1, 2, 4, AND 9 OF TITI.I . 111, !IF TIii ·: 1969 ENGLEWCOD MUNICIPAL CODE, RELA TING TO "BUILDING REGULATIONS," AND ADOPT LNG BY REFERENCE THE UNIFORM BUILDING CODE , 1982 EDITION, THE UNIFORM MECHAN I CJ\I. COili', I 982 EDITION, AND UNIFORM PLUMBING CODE, 1982 EDITION, AND REPEALING ALL Ollll I NJ\NLES OR PARTS OF ORDINA NCES IN CONFLlCT TIIEIH:W I TII . NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : section 1. That Chapter 1, and Chapt er 2, Title III, of the '69 £.M.C. is hereby re- pealed and reenacted to read as foll ows: 3-1-1: TITLE III BUILDIN G REGULATIONS CHAPTE R 1 BUILDING CODE AND ADMINISTRATION TITLE AND PURPOSE This title shall be referred to and known as the "Building Cod of th Ci Ly of Englewood" and is enacted to provid minimum standards to safeguard life and limb and promo te the public health, welfare an d safety of the citizens of the City of Engle- wood, and of the public generally, by regulating and controlling the <lebign, cons Lruction quality of materials, use and occupan c y, location and maintenance of nll bu~l<lin~s. structures and utilities within the City and certain equipment specifically regulated herein. 3-1-2: !>COPE The provisions of this code hall apply to the construction , alLeration, moving , demolition, r pair and us of any buildin or structure within this jurlsdicLlon, xcept work located primarily in a public way, public utility tow rs n<l pol s, m chanica quipment not specifically regulat d in this code, and hydraulic flood control struc tures Additions, alterations, repairb and chang s of use or occupancy i n Jll buildings and structures shall comply with the provisions for new buildings nd sLrucLu res except as otherwise provided in Sect ons 3-1-3, 307, and 502 of this cod . Where, in any specific caa , di ff erent ectiona of Lhis code p c ~fy differ nL materials, m thods of construction or oth r r quir nta, the moat restrictive sh 11 govern. Where there is a conflict betwe n a general r quirem nt and a p cific re- quirement, the sp cific r quirement shall b applicabl . Wherever in this coda refarenc am d to th appendix, th provis ons in th appendix shall not apply unleaa specifically adopted. )-1-3: APPLICATION 'l'O EXISTING BUILDINGS (a) n ral. Buildings and &Lructures to whi h ddition , lt r tiona r repairs are m de shall comply with all th requirements of t~is code for • I • • • • - new facilities except as specifica lly provided in this section. Sec Sec.: Uon 1210 for provisions requiring inst allation of smoke detectors in c:xj »LJ 111; Group R, Division 3 Occupancies. (b) Additions, Alterations or Repairs. Additions, alterations or rep airs may be made to any building or structure without requiring Lhc existing building or structure to comply with all the requirements of Lh J & cod e provided the addition, alter a Lion or repair con(orui,; Lo Lh a L '"'I",, i.:d for a new building or structure. Additions, alterations or repair» shall not cause an existing building or structure to become unsafe or ove r l oade d . Any building so altered, which involves a change in use or occupanc y, shall not exceed the height, number of stories and area specified for ne w building». (c) Alterations or repairs t o 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 shall be as required for new installations. (d) Nonstructural items include but are not limited to plumbing, mechanical and electrical installations. (e) adoption such use provided Existing Occupancy. Buildings in existence at the of this code may have their existing use or occupancy or occupancy was legal at the time of the adoption of such continued use is not dangerous to life. time o( Lhe continued, if this code, (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 Lhis code. {g) Maintenance . All buildings and structures, both exist ing and new, and all parts thereof, shall be maintained in a safe and sanitary condition. All devices or afeguards which are required by this c ode »hall be maintained in conformance with the co de editions under which instal ed . Th owner or his designated agent shall be responsible for the ma.1.nLcnu111ec of buildings and structures. To det rmine compliance with this subsecLion, th building official may cause any structure to be reinspected. (h) Kov d Buildings and T mporary Buildings. Buildings or structure moved into or within the jurisdic ti o n shall comply w th the prov.1.-ion~ of th ·s code for new buildings or structur s. (1) Tempor ry structur s such as reviewing tands nd other miscellaneous structures, sheds, c anopi s or fenc sued (or the proLect.1.on of the public around nd in conjunct on with construction work y b er cted by sp cial permit from the buildin official fore limited p riod of tim Su h buildings or structure need not c omply with the type of construction or fire-resi tive t m periods requir d by cod Temporary buildings or structures shall b compl tely r mo ved upon th expiration of the timu limlL stated in the perm t. -2- • I • • • • • • (j) Historic Buildings . l(c,p a i rs, a l terat ion s a nd addition ,., 11c:c c:»:,..it·y f or the preservation, restoration , r eh.:ibi l itation or c ontinued use o f n b u i lding or struc ture may be mad e wi t h ou t c onforma n ce to all the t·c:qu.1.n,111...:nL:, o f th i s c ode whe n author ized by the bu ilding of f icial, provided: 3-1-4: (1) The building or structure has been de signated by official action of the legally constituted au thoriL y of this j urisdic tion as hav ing spe cia l his t oricn l o c a rchitectura l sign ificanc e . (2) Any unsafe c onditions a s described in this code are corrected. (3) The restored bu ilding or structure will b e n o moi:e hazardous based on life safety, fire sa fet y a n d sanitation tha L the existing building . ALTERNATE MATERIAL AND METHODS OF CONSTRUCTION (a) The provisions of thi s c ode are not intended t o pr e v enL Lile use of any m.aterial or method of construction not s pecifically prescribed by this code, provided any alternate has been approved and i ts use authorized by the building official. (b) The building official may approve any such alternate, provided he finds that the proposed design i s satisfactory and complies with the provisions of this code and that th e m.aterial, method or work offered is, for the purpose i ntended, at leas t e quivalent of that presc ribed in th.1.s c ode i n suitability, strength, ef fec tiveness, fire resista nce, durabillLy, safety and sanitation . (c) The bu ild i ng of fic ial sha ll require that suf ficient ev idence or proof be submit t e d t o substan tiate any claims that may be made re~arding its use . Th e detai l s of any action granting approval o f an alternate shall be recorded and entered in t he files o f the code enfor cement a gency. 3-1-5: MODIFICATION S Wh ene ver t he re a r prac tic a l difficulties involved in carrying ouL the provisions of this code, the building of ficial may grant mo difications for individual case~ provided he shall first f ind that a special individual reason kes th atrict letter of this code impra ctical and that th modifica- tion ia in conformity with th spirit and purpoae of this cod and that such modification does not leaaen ny fi r protection require nLa or any d gree of structural integrity. The d ta ls of any action granting modific tiont ahall b record d and ent red n Lh fil ~ of the code enforc ment g ncy. 3-1-6: ES S (a) Whenever there la insuf ici nt e v i de nce of compli nc w.1.Lh any of th provisions of this cod or vidence that any material or conslruction does not conform to the requir ments of thia code, the building offici l may requir t sts a proof of compliance to be m.ade at no xpens Lo Lh '" jurisdiction. -3- • I • • • • • • (b) Test methods shall be as specified by this code or by ot her recognized test standards. If there are no recognized and occcrL <·d t ''" t methods for the proposed alternate, the building of fic ial shall deLerm.i ne test procedures . (c) All tests shall be made by an approved agency. Repo rt s of such test shall be retained by the building official for the per.tad 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 en forcement of the Building Code . Such cooperation shall include any ass is tance that may be required for the en- forcement of the Building Code. (b) A variance granted by the Board of Adjustment and Appe als 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, shal l not thereby render himself liable personally and he is hereby relieved from all personal liability for any dama ~c that may accrue to persons or property as a result of any act required or by rcabOll 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 shjll b<.: 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 th res ponsibility of any person owning, operating or controlling any building or structure for any damages to persons or property caused by defects, nor shall the code enforcement agency or its parent jurisdiction be held as abbuming any such liability by reason of Lhe inspections authorized by thi s code or any certificates of inspection issued under this code. 3-1-8: DEFINITIONS (a) Th term "Building Code" shall mean this entire titl nd secondary code or codes adopted her in. (b) Wher the term "Depart ent", "D ivision", "Building D part nt", "B uild ng Division" 1a used in this title or any cod in this t tl , this shall man th Chief Building In p c tor, o r his authoriz d r pr s nt tive. 3-1-9 : CREATION OF BUILDING DIVISION; CHIEF BU ILDI NG INSPECTOR (a) Th re shall be nd is he reby atabliahed with nth Co unity Development, a Buildin Division. D p rL nt. o (b) The Diviaion hall b dminia ter d by a Chi f Bu ldin lnap to -4- I • • - ( • • • • • appointed by the City Manager in compliance with Career Servic e pr ovl,;wn,; contained in this code and whose po wers and duties are hereinaft er dt· f 111l'd. The Chief Building Inspector sha ll be a professional engineer reg.LbLer e<l by the State of Colorado, an architect licensed by the State of Color,,do ,11 superintendent or construction or no t less than five (S) years' e xpclh'1H.e , or have a comparable and suitable co mbination of education a nd exp e rlcn ce. (c) The City Manager shal l be empowered to appo in t dcp uL i ·. ol Lil,· Building Inspector in the event o f the Inspector's absen c e , dis ab.L1 .LLY vr his need for assistants to carry ou t his functions. The deputies shall be vested with such authority as the I nspector lawfully possesses . 3-1-10: IDENTIFIC ATION Each employee of this Division shall be provided by the City with an identification card bearing a ph otograph of the employee and informa tion required by the Chief Building Inspector. Such identification card shall also bear the authority granted herein, Such card shall be carr ied by Lhe per son so identified and shall be used when necessary to proper ly jdcnu fy himself while performing his offic.L al duties. 3-1-11: GENERAL POWERS AND DUTIES (a) The Building Division shall administer and enforce th is Building Code and all other ordinances and codes which may hereaf ter be ass ig ne d to the Division for enforcement and administration. There are hereby ves Led t o the Division the duty of enforcing and administering this Building Code and all powers necessary for such enforcement. (b) Inspectors; Authority. Such inspectors, assistants an d other employees as shall be required and authorized in the annual budge t shall b appointed and assigned to the Division in accordance with the proVibiOnb or the Career Service Rules as contai ned in this code. Inspec tors shall h ave such authority as the Chief Building Inspector lawfully posse se s in carrying out their assigned duties . (c ) Records . The Chief Building Inspector shall i nta in r cord o f applications for permits, permits issued, certificates o f occup n y, i n pections and i nvestigations, ap plications for licens e s , liccn bCb .Lbbue<l, fees collected and other information that may be requir d . H shall ma such reports to the Dir"ctor of Community Development c oncerning the a c tivities of t he Division, viol a tions of the Building Code and such oLh r matters as ma y be requ i red. (d ) Pu blic I n s pe ction of Reco rd s. General fil r cord s of th Building Divis on ah 11 b op en for public i n a pec tion but y not b remov ed. Spe cific investigation records on i ndividusl cas s and lie nb applica tion are not o pen to the public e xc pt b y direction or th City Mana ger or ord r of court. (a) euthoriied to be i n sp t r ue t u r es Authority t o Ina p ct. Chief Building I nspe c tor, o r hu, rep reaenta t ive, ahal l hav the authority to inspect o r caus cted for comp l nc w Lh th Building Code, 11 build in b, or utilitiea. -5- • I • • -• • • (f) investigations and Surveys. Incidental to any of Lhe :,<.: Llu Ll <.::, an u powers, but without limitation o f same, the Chief Building Inspe c Lo r s h all conduct investigations and surveys to determine compliance or non c o111p lian cc with the provisions of the Building Code and shall investigate or c a u se Lo be investigated all accidents per taining to buildings, structures, ur ut ll LLle:, for the purpose of ascertaining whether the requirements of the Bu ild in g Code have been violated. (g) Right of Entry. Incidental to such inspections, inve:,L Lg aLL u ns and surveys, the Chief Building Inspector may enter into and upon a n d c ause any land, building, structure or utility to be inspected and examined . The right to entry and inspection may be enforced by application to and proper orders from a court of proper jurisd iction: accordingly refusal of access constitutes contempt of court. (h) Stop Orders. Whenever any 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 shall be given to the owner or licensee or their agents. It shall be unluw ful rue any person to proceed with such work until the corrective work requ ired to 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 constitute a fire hazard, or are otherwise dangerous to human life are, for the purpose of this section, unsafe. Any use of buildings or structures constituting a hazard to safety, health or public welfare by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster, damage or aban<l o nmenL is, for the purpose of this section, an unsafe use. Parapet walls, cornices, spires, towers, tanks, statuary and other appendages or structura l 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 l oads which are specified in this code ar hereby designated as unsafe building appendages. All such un,afe buildings, struc tures or appendages are hereby decl red to be public nuisances and shall be abated by repair, rehabilitation, demo- lition or removal in accordance with the procedures et forth in Lhc 0Jn1,erous Buildings Coda or such alternate procedures, as may have been or as ma y be adopted by this jurisdiction. As an alternative, the building official, or other employee or official of this jurisdiction as designated by the governing body, may institute any other appropriate action to prevent, restrain, correct or abate the violation. 3-2-1: CHAPTER 2 CODE ADOPTED Th ra is hereby adopted as the Building Coda of the City of Englewood, Co lorado, by reference thereto, the Unifora Building Cod, 1982 Edition, by th Incarnation 1 Conference o Building Officials, including appendic s, with th sam ore and effect as f the saaa ware fully set forth her in, ubjact to th exceptions, modification• and ... ndllents ther to sh r in- fter at forth. I • • • • • • 3-2-2: SP ECIFIC CHANGES IN ADOPTED CODE (a) The following specific change s, modifications and ame ndments are hereby made in the provision of the Uniform Building Co de, 1982 E<liL,un, hereinabove adopted : (1) Delete Chapters 1 and 2. (2) ADDITION : Section 302 (a) page 31, APPLICATI ON. Add second paragraph . Authorized App licants. Only persons, firms , or corporations duly licensed under the terms and prov isions 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 entitled 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 noLwith- standing the foregoing, and in addition thereto the (allow- 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 a l l the requirements of this Building Code. (b) Any person who owns a property and wishes to constru ct 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 perm.it may be issued to t he 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 a contractor and shall be required to qual i (y as such, includ i ng payment of all applicable fees. (3) Section 304 (a), Page 30 PEiKIT FEES. Add the fol l owing paragraph: (4 ) (5) The City of Englewood, Arapahoe County, State of Colorado, and the United States of America shall be exempt from payment of fee s. Section 1807 (a ), Pag 110, SCOPE. Delete t h e 1 t s ntence and add the following sentence: Such buildings hall be provided with an automa tic sprinkler s ystem in accordance with Section C. Section 1807 (1) page 114, ~ O llEFUCE (co part nt - tion) ALTERNAT E . Delete entire Section. -7- • I • ( • • • • (6) Section 3802 (b), page 583, ALL OCCUPANCIE S EXCEPT GROUP R, DIVISION 3 AND GROUP M. Add the followlng paragraph as item 5: In all buildings which are 50 or more fee l ln helgilt (a,; defined in Ch apter 4 of the 1982 Uniform Building Code) or which comprise more than four stories irrespective of height. (7) Add Apendi x Ch ap t e r 32. Re-rooflng. Section 2, Chapter 4, Title III of the '69 E.M.C. is hereby repealed and re- enacted to read as follows: 3-4-l: UNIFORM MECHANI CAL CODE ADOPTED There i& hereby adopted by reference thereto the "Uniform Mechanical Code", 1982 Edition, published by the International Associat ion of Building Officials, 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 exceptions, modifications and amendments thereto as hereinafter set forth. 3-4-2: SPECIFIC CHANGES IN ADOPTED CODE (a) The following specific changes, modifications and amendments are hereby made in the provision& 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". (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 , REINSPE CTIONS. Add to the end of the sentence of the fourth paragraph, "of the Uniform Building Code". (4) Table No. 3-A, pages 22, MECHANICAL PERMIT FEES. Delete this permit schedule. (5) Section 801, page 61, SCOPE. Delete "floor furnace" in the first paragraph. (6) Section 802, page 61, GENERAL. D let the words, "floor furnace" where it appears in this action. (7) Section 804, pag 62, FLOOR FURNACES. Delete the entire section and substituLe: "Floor and Dual Floor Furnaces -the install- ation of floor and dual floor furnace& prohibited." (8) Section 1801, page 127, GENERAL. Add a cond p rograph aa follows: "Applications for permits to construct co-rcial incineratora must be approved by the Air Pollution Department of the State of Colorado, Tri-County Health Depart11ent and th Fire Departaent of the City of Enalewood prior to conatruction." -8- I • • - ( • • • • (9) Section 2124, page 270, OPERATING PERMIT. DelcLc c nL.i.cc section. (10) Section 2125, page 270, Maintenance inspect.ion . Oelete entire section. (11) Section 212 6, page 270, OPERATION AND MAINTENA NC" OF BO ILERS AN D PRESSURE VESSELS. Oelete enL.i.rc Sc<.L.i.un . ~ection 3 . Chapter 9, Title III , of the '69 E.M.C. is hereby re pealed 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 I nternational Association of Plumbing and Mechanical Officials, 5032 Alhambra Avenue, Lo s Angeles, California 90032 , together with the appendices contained therein, with the same force and effect as if the same were fully set forth herein, sub jec t to the exceptions, mod.i.ficaL.i.ons .a nd .111 1cnd111ents thereto as hereinafter set forth . 3-9-2: SPECIFIC CHAN GE S IN ADOPTED CODE (a) The following specific changes, modifica tions and am endments are hereby made in the provisions of the Uniform Plumbing Code, 1982 Edition, hereinabove adopted. (1) Section 401 (a) (2) delete "structures wher e combust.i.o nable construction i s allowed." Insert "residential construction not more than two stories in height ." (2) Section 91 0, page 69, PLUMBIN G FIXTURES REQUIRED. Add a second paragraph as follows: (3 ) Food wa1te dispo1er mandatory. New structures arranged or intended to be used for purposes whi ch develop food wastes in th direct preparation of food in occupancies, such as dw llings, restaurants , hotels, boarding houses, hospit ls and similar occupancies, shall provide food wa ste disposal equipment for such within the premiss. Existing structures conv rted or alter d to the uses desc ribed above n ed not meet the req uir ments of thi1 s ction unless such structure, ar provided with new faciliti I for the abov purposes. App ndix C, p g 1 152 -153, MINIMUM PLUMBING FACILITIES. Add a new par graph a, follow,: Food waste di po er mandatory. N w structur s arrang d or intend d Lo be us d for th purpo es whi ch develop food wa1te s in th direct prepara ion of food in occupancies, 1uch a, dw llinga , restaurant,, hotels, boarding house,, ho1p itals and similar occupancies, 1hall provide food wast e di1po1al equipment for 1uch purpose, within th pr miaea. Exi1tina structure, converted or altered co the u a described above ne d not m t the requirem nta of thia aeccion unle11 auch 1tructure1 are provided with new f ciliti for the above purpo111 . • I • ( • • • • Section 4. 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 notice shall state the subject matter of the Code, time and place of hearing, and that copi es of the foregoing Code are on file wit h the Clerk and open to public inspection, and the name and address of the agency by which s aid Code has been promulgated. Section 5. Not less than three (3) copies of each Code described herein shall be cert ifi ed 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 pr i or to public hearing and subject to publi c inspection at all times while said Code is in full force and effect. The Clerk sh all maintain at all times reasonable copies of the Code available fo r purchase by the public at moderate price. Section 6 . It sha ll be unlawful for any person, firm or corporation to erec t , construct, enlarge, alter, repair, move, improve, remove , convert or demolish, equip, use, occupy, or mainta i n 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 read ing on the 21st day of December, 1982. Published as a Bill for an Ordin ance on the 22nd day of December, 1982. Eugene L. Otis, M yor Attest: ex officio City Clerk-Treasur r I, G ry R. Higbe , ex officio City Clerk-Tr sur r of th City of Englewood, Colorado, h reby c rtify that th bov and foregoing is true, ccurat nd compl t Bill for n Ordin nee, introduc d, rad in ull, and p irst re ding on the 21a day of D c mb r, 198 2 . • 10 • I • • • • • 01 MUlnUIUil ORD l NA f•f-E NO. COUNCIL BILL NO. 62 INTRODU~Y COUNCIL MEMBER 'Ci~ ( • SERIES OF 1982~~ A BIL L FOR AN ORDINANCE REPEALING AND REEN ACTl NC Cll/\P'f ER S 1, 2 , 4, /\ND 9 OF 'I' 1'1'1.1 ·. I I I, 01 · '1'111 ·: 1 969 ENGLEWCOD MUNICIPAL CODE, RELA TING TO "BUILDING RE GULATIONS ," AND AD OPTl G BY REFERENCE THE UNIFORM BUILDING CODE, 1982 EDITION, THE UNIFORM MECH/\N I C/\J . conE, 1982 EDITION , AND UNIFORM PLUMBING CODE, 1982 EDITION, AND REPEALIN G ALL ORD I /\NCES OR PARTS OF ORDINANCES IN CONFLlCT TllEHJ ·:W I 'I'll . NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: section l. That Chapter 1, and Cha pter 2, Title Ill, of the '6 9 E .M.C. is hereby re- pealed and reenacted to read as foll ows: 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 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 controlling the design, construction quality of materials, use and occupa ncy, location and mainten ance of n 1 I hull d in11s, structures and utilities within the City and c ertain equipment specifically regulated herein. 3-1-2: SCO PE The provisions of this code shall apply to the construction, alteration, moving , demolition, repair and use of any building or structure within this jurisdiction, xcept work located primarily in a public way, public utility tow rs nd poleb , mechanica equipment not specifically regulated in this code, and hydraulic flood control struc ture s Additions, alterations, repairs nd changes of use or occupancy ln ull bulldin gs and structures shall comply with the p rovisions for n w buildings and sLructures except as oth rwise provided in Sections 3-1-3 , 307, and 502 of this cod e . Where, in any sp cific ca e, di ff er nt sections of Lhis code p materials, m thods of conatruction or other requirem nts, the moat r govern. Where th re is a conflict b tween a general r quirem nt and quirement, the specific requir m nt sh 11 b applicabl. .1.(y dif( rent strictive shall sp cific re- Wh rever in this code referenc ism de to th epp ndix, the provisions in th appendix shall not apply unless specifically adopted. 3-1-3: APPLICATION '1'0 EX STING BUILDINGS (a) General. Buildings and Lructure to which dditiona, lterations or r paira are made ahall comply with all th require• ta of thia code for I • • ( • • • new facilities except as specifically provided in this section. Sec Sec U on 1210 for provisions requiring ins tallation of smoke detec Lor s ln exj:,Llng Group R, Division 3 Occupancies. (b) Additions, Alterations or Repairs. Additions, alteration s o r. repairs may be made to any building or structure without requiring Lil e existing building or structure to c omply with all the requirements of Lhls code provided the addition, alLer..iLlon or repair conforms Lo LhaL c,·,1'1lccd for a new building or structure. Ad ditions, alterations or repairs shall not cause an exist ing building or st ructure to become unsafe or over oaded. Any building so altered, which invo l ves a change in use or occupancy, shall not exceed the height, number of bto ries and area specified for new bulldingb. (c) Alterations or repair s 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 resistan ce may be made with the same materials of which the building or structure is cons tructed. 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 existence at the time of Lhe adoption of this code may have their existing use or occupancy conLinued, lf such use or occupancy was legal at the time of the adoption of this c ode, 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 Lhi s code. (g) Maintenance. All buildings and structures, both existing and new, and all parts thereof, shall be maintained in a safe and sanitary condition. All devices or safeguards which are required by chis co de shall be maintained in conformance with the code editions under which installed. The owner or his designated agent shall be responsible for the maJ.nu,n..inc c u( buildings and structures. To det rmine compliance with this subs cLlon , the building official may cause any structure to be reinspected. (h) Moved Building nd T mporary Buildings. Buildings or structur aioved into or within the jurisdiction shall comply with the prov1.blOnb of this code for new buildin&& or structu r •· (1) T mporery structures such a r viewing tand& and oth r miscellaneous structur s, sheds, Jnopies or f nc s used for the proL CJ.on of c ted by uc h the public around and in conjunction with construction work may be er special permit from the building of ficial for a limited period of tiru buildin&& or acructurea need not comply with the type of construction or f1ra-re1is tiv t m periods requ ir d by code. Temporary buildin s or &tructur ah 11 b c omplet ly r mo v d upon the expiration of the tim • Unu.L stat din th perm t. -2- I • • ( ( • • • • (j) Historic Buildings. Rcpalr s, alteration s and addition :, 11ccc::,,,.;c y for the preservation, restoration , rehabilitation or continued use o f" building or structure may be made w.i.t hout c onformance Lo all the n ,quJ.ccmc:nL:, of this code when authorized by the building official, provided: 3-1-4: (1) The building or structure has been designated by official act ion of the legally constituted authoriLy of this jurisdiction as having special histori cill or architectura l ~.i.gnificance. (2) Any unsafe condi tions as described in this code are corrected. (3) The restored bullding or structure will be no moL·e hazardous based on life safety, fire safety and sanitation that the existing building . ALTERNATE MATERIAL AND METHODS OF CONSTRUCTION (a) The provisions of thi s code are not intended to prevenL Lhc use of any material or method of construction not specifically prescribed by this code, provided any alternate has been approved and its use 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 the provisions of this code and that the material, method or work offered is, for the purpose intended, at lea st equivalent of that prescribed in this code in suitability, strength, effectiveness, fire resistance, dur ab.i.l.i.ty, safety and sanitation. (c) The building official shall require that sufficient evid1m ce or proof be submitted to substant iate any claillls that may be made re~urding its use. The details of any action granting approval of an alterna te shall be recorded and entered in the files of the code enforcement agency. 3-1-5: MODIFIC ATIONS Whenever there are practical difficulties involved in carrying ouL the provisions of this code, the building official may grant modif ications for individual case, provided he shall first find that a special individual reason makes the strict letter of this code impractical and th t the modifica- tion is in conformity with the pirit and purpose of this code and th t such modification does not lessen any f1r protection r quire nts or ny de res of structural integrity. The d tails of any action granting modifications shall be recorded and entered in Lhe files of the cod enfor e nL g ncy. 3-1-6: TESTS (a) Whenever ther is insufficient evidence of compliance w1 th ny of th provisions of this code or vidence that any material or con¥Lruct on do not confor to the r quirem nts of this code, the building offic l may nqu re tats as proof of compliance to be mad at no xpens Lo Lh ¥ juri diction. -)- I • • ( ( • • • (b) Test methods shall be as specified by this code or by other recognized test standards. If there are no recognized ancl ncccpL l'd Ll':;l methods for the proposed alternate, the building official shall detennlne test procedures . (c) All tests shall be made by an approved agency . Report s of such test shall be retained by the building official for the period required for the retention of pub llc 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 that may be requ ired 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 st:irted with in six (6) months from the date the var iance is granted. (c) No oversight, neglect or dereliction on the part of th e 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 personally and he is hereby relieved from all personal liability for any dama ge 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 em ployee because of such act or omis,.ion performed by him in the enforcemen t of any provisions of this code ,,hJll be defended by the legal department of the City until termination of the pro- ceedings. (e) This code shall not b construed to relieve from or lessen the responsibility of any person ownin g, 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 a"sumlng any such liability by reason of the inspections authorized by this code or any certificates of inspection issued under this code. 3-1-8: DEFI NITIONS (a) The term "Building Code" shall 111 an thia entir title nd secondary code or codes adopted herein. (b) Wher th term "Department", "Diviaion", "Building Op rtm nt", "Building Division" is used in this title or any cod in this title, this shall man the Chief Building Insp ctor , or his authoriz d repr sent tiv . 3-1-9: CREATION OF BUILDING DIVISION; CHIEF BUILDING INSPECTOR (a) There shall be and ah reby established within th D part~ nt o Co unity Develop nt, a Buildina Division. (b) The Division shall be administer d bys Chief uildin ln pector -4- • I • • ( • • • • appointed by the City Manager in compliance with Career Service pr ovl,;lun,; contained in this code and whose powers and duties are hereinaft er dcfi,wd. The Chief Building Inspector shal l be a professional engineer regl &Lercd by the State of Colorado, an architect licensed by the State of Color.Hlo o r superintendent of construction of no t less than five (5) year,;' ex per.L1.;111..c , or have a comparable and suitable c ombination of education and experi en ce . (c) The City Manager shall be empowered to appolnt depuLi c ,. ol lit<· Building Inspector in the event of Lhe Inspector's absence, disab.L liLy u, his need for assistants to carry out his functions. The deputies shall be vested with such authority as the Inspector lawfully possesses. 3-1-10: IDEN TIF ICATION Each employee of this Division shall be provided by the City with an identification card bearing a photograph of the employee and i nformation 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 properly ldentif y himself while performing his official duties. 3-1-11: GENERAL POWERS AND DUTIES (a) The Building Division shall administer and enforce this Building Code and all other ordinances and codes which may 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 and all powers necessary for such enforcement . (b) Inspectors; Authority. Such inspectors. assistants and other employees as shall be required and authorized in the annual budget shall be appointed and assigned to the Div ision in accordance with the prov.L,;ion b of the Career Service Rules as contained in this code. Inspectors shall have such authority as the Chief Build ing Inspector lawfully possesses in carrying out their assigned duties. (c) Records. The Chi f Building Ins pector ahall ma ntain records of applications for permits, permit issued, certificates of occupancy, ins pections and investigations. applications for liens s, licenbCb .lbbucd, f s collected and other informalion that may be required. H shall make such reports to the Dir61ctor of Community Development concernin Lhe activities of th Diviaion, violaL1ona of th Building Code and such other tt ra may be r quir d. on of cords. op n for publ et on r corda on th publ y not b and l cens o( che City C 1ef uilding In p c t.or, or hh th authority to in pct or caus Bu ldin Cod , all build n b, -s- • I • • - ( • • • • (f) Investigations and Su rveys. Incidental to any of Lh e"c uuLle,; anu powers, but without limitation of s ame, the Chief Building Inspec Lor shall co nduct investigations and survey s t o determine comp liance or non complian<.:e with the provisions of the Building Code and shall investigate or <.:ausc Lo be investigated all accidents per taining to buildings, stru<.:tureo;, ur uLil.1.Lic" for the purpose of ascertaining whether the requirement s of the Buildin g Cod e have been violated . (g) Right of Entry. Inciden tal to such inspections, il1Ve!>L.1.g<.1L.1.uns 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 application to and proper orders from a court of proper jurisd iction: accordingly refusal of access constitutes contempt of court. (h) Stop Orders. Whenever any 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 shall be given to the owner or licensee or their agents. It shall be unluw ful fut· 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. (1) All buildings or structures regulated by this code wh ich are structurally unsafe or not provided with adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life are, for the purpose of this section, unsafe. Any use of bu!°ldings or structures consti tu t ing a hazard to safety, health or public welfare by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster, damage or abandonmenL is, for the purpose of this section, an unsafe use. Parapet wall s , cornices, spires, towers, tanks, statuary and other appendages or structural members which are supported by, attached to, or a part of a building and wh ich are in deteriorated condition or otherwise unable to sustain the design loads which are specified in this code are hereby designated as unsa fe building appendages. All such unsafe buildings, structures or appendages 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 Lhc Dangerous Buildings Co de or such alternate procedures, as may have been or as may be adopted by this jurisdiction. As an alternative, the building official, or other employee or official of this jurisdiction as designated by the governing body, may institute any other appropriate action to prevent, restrain, correct or abate the violation. 3-2-1: CHAPTER 2 CODE ADOPTED There is hereby adopted as the Building Code of the City of Engl wood, Colorado, by reference thereto, th Unifora Building Code, 1982 Edition, by the International Conference of Building Officials, including appendices, with the same force and effect as if the saae were fully set forth hr in, subject to the exceptions, modifications and ... ndaenta thereto as her n- after set forth. -6- I • • ( • • • • 3-2-2: SPECIFIC CHANGES IN ADOPTED CODE (a) The following specific changes, modifications and amendment s ore hereby made in the provision of the Uniform Building Code, 1982 Ed iL1.u11 , hereinabove adopted: (l) Delete Chapters 1 and 2. (2) ADDITION: Section 302 (a) page 31, APPLICATION. Add second paragraph. Authorized Applicants. Only persons, firms, or corpora tions 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 entitled 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 notwith- standing the foregoing, and in addition thereto the 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, remodel, 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 wiahes 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) auch 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 ita conatruction shall be deemed a contractor and shall be required to qu li[y as such, including p ay-ut of all applicable fees. (3) Section 304 (a), Page 30 PiiMIT FEES. Add the following paragraph: (4) (5) The City of Englewoo d, Arapahoe County, State of Colorado, and the United Statea of America shall be exempt from payment of fe s. Section 1807 (a), Page 110, SCOPE. Delee th 1 St sentence and add the following a ntence: Such buildings shall be provided with an uto t i c sprinkler system in accordance with Section C. S ction 1807 (1) pa&e 114, AJllAS OP PUG ( 0 rtMnta- tion) AL'rERNATE. Delete entire Section. -7- • I • • ( ( (6) • • • Section 3802 (b), page 583, ALL OCCUPANCIE S EXCEPT CROUP R, DIVISION 3 AND GROUP M. Add the following paragraph as item 5 : In all buildings which are 50 or more feet ln he.1..ghL (us defined in Chapter 4 of the 198 2 Uniform Bu ilding Co d e) or which comprise more than four storie s irrespec tive of height . (7) Add Apendi x Chapter 32. Re -roofing. Section 2. Chapter 4, Title III of the '69 E.M.C. is hereby repealed and re-enacted to read as follows: 3-4-1: UNIFORM MECHANICAL CODE ADOPTED There ia hereby adopted by reference thereto the "Uniform Mechanical Code", 1982 Edition, published by the International Association of Building Offic ials , 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 exceptions, modifications and amendments there t o as hereinafter set forth . 3-4-2: SPECIFIC CHANGES IN ADOPTED CODE (a) The following specific c hanges, modification s and amendment s 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 th end of the first sentence, "of the Uniform Bui lding Code". (2) Section 304 (b), page 19, PLAN llEVIEW FEES. Add to the end of the second and third sentences, "of the Uniform Building Code". (3) Section 305 (f), page 21, iEINSPECTIONS. Ad d to the end of the sentence of the fourth paragraph, "of the Uniform Bu ilding Code". (4) Table No. 3-A, pagea 22, MECHANICAL PERMIT FEES. Delete this permit schedule. (5) Section 801, page 61, SCOPE. D lete "floor furnace" in the firat paragraph. (6) Section 02, pa 61, GENERAL. O lete the worda, "floor furnace" wh re it appura in thia section. (7) (8) ction O, p & nd aubatit.ute: ation of floor 62, FLOO FUllNAC S. Delete th entire aection "Floor and Dual loor Furn c -the install- nd dual floor furn caa prohibit d." ction 1 0 1, p & 127, CEN!RAL. Add a cond pr graph as followa : "Appli c ation for p raits to construct co r ial ncin rators uat b approv d by the Air Pollution Depart nt of the Stat of Color do, Tri-County Health Oepartaent and th F re Depart .. nt of the Ci yo alwood prior to conatru ton ." • I • • • • • • (9) Section 21 24, page 270, OPERATIN G PERMIT. Delete entlrc section . (10) Section 212 5 , page 270, Maintenance inspection. Oelete entire section. (11) Section 2126 , page 270, OPERATION AND MAINTE NANCE OF BOILERS AND PRES SURE VESSELS. Oe1"'Le entlrc ScLLlun. ~ection 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 International Association of Plumbing and Mechanical Officials, 5032 Alhambra Avenue, Lo s Angeles, California 90032, together with the appendices contained therein, with the same force and effect as if the same were fully set forth herein, sub ject to the exception s, modlficaLlons ,111d amendments thereto as herelnaft er set forth . 3-9-2: SPECIFIC CHAN GE S 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 40 1 (a) (2) delete "atructures where coo1bustlonable c onstruction i s allowed." Insert "residential construction not mor e than t wo stories in height." (2) Section 910, page 69, PLUMBING FIXTURES REQUIRED. Add a second paragraph as follows: Food waste disposer mandatory. New struc tur s arrang d or intended to be used for purposes wh ich develop food w stes in th dir ct prepara tion of food in occupancies, uch as dwellings, r tauran ts, hotels, boarding houses, hospitals and aimilar occupanciea, &hall provide food wasLe disposal (3) quipm nt for such within the premises. Existing atructurea converted or altered to the uses described above need not meet the requirements of this aection unleas auch structures are provid d With new facilities for th above purpo a. Appendix C, p &ea 152 -153, MINIMUM PLUMBING FACILITI S. Adds n par &raph as follows: Food waste diapoa r aandatory. w structures rr n d o r intended Lo be u d for th purpo a Whi h d v lop food waatea ln the direct preparation of food in auch as dw llinga, r atauranta, hotela, boerdin a, hospitals and aiailar occup nciea, shall provide waste diapo al quip nt for auch purpoa a within pre 1 ea. !lt atin atructurea converted or alter the u a de crib d above a d not a t the requir of thit a ctton u le a tucb ttructure, are provtd new C cil1t1e for the ebov purpo , . • I • • • • - Section 4. Notice of public hearing shall be published t wice , once at least fifteen (15) days preceding date of hearing and once at le ast 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 Cl erk and open to public inspec ion, and the name and address of the agency by which s aid Code has been promulgated . Section 5. Not less than three (3) copies of each Code described herein shall be certified to be true co pies 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 Cod e 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 21st day of December, 1982. Published as a Bill for an Ordinance on the 22nd day of December, 1982. Att st: Eugene L. Otis, Mayor x officio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Color do , hereby c rtify that th above and foregoing is tru , ccur t nd compl te copy of a Bill for an Ordinance , introduc d , r d in full , and p ss don first r ading on the 21st day of Dec mber, 1982. Gary R. Higbee 10 • I • • • • • • ORDINANCE NO. BY AUTHORITY COUNCIL BILL NO. 63 INTRODUC?Y-COUNCIL MEMBER~-~f--"d__-&:).oc...+~~~~ SERIES OF 198~2~~~ A BILL FOR AN ORDINANCE AMENDING SECTIONS 1, 3 , 8 AND 10, TITLE II, CHAPTER 3, SEC~ION 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. 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 a s 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, mo di fications and amendm e nt s are hereby made i n the provision of the Un i form Fire Code, 198 2 Edition, hereinabo v e adopted: (1) Se ction 2 .30 2 , page 6 , BOARD OF APPEAL S . Delete en t ir e sec t ion . (2) Section 4.101 , p ages 12-15 , P ER MIT REQUIR ED. Delete all it ms e x cept: 4. onfir or rubbish fires 6. Burn ng in public pl c 7. Candles nd open 1 mes n ass mbly areas 11 . Cryo ens 15 . Explo ives or blasting gent 16. Fire work 22 . H•z rdous m teriala 23. Highly toxic aticid a • I • • • 2-3-3: 29. Mall, covered 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 which are 50 or more feet in height (as defined in Chapter 4 of the 1982 Uniform Building Code) or whi ch comprise more than four stories i r- respectiv e of height. DEFINITIONS Wherever the following words or term s are used in the Uniform F i re Code , 1982 Edition, they s hall carry the following meanings: (a) "Ju r isdiction" shall mean the City of Englewood, Colorado . (bl "Corporation Counsel" shall mean the City Attorn y for th City of Englewood, Colorado, or any designee thereof. (c) Whenever the words "Chief of the Bureau of Fire Prevention" or th words "Bureau of Fire Prevention" are used in the Uniform Fire Cod , thy shall be held to mean the Chi f of th Englewood Fire Departmen or his d signee. 2-3-8: APPEALS Whenev r th Chief of th Fir D p rtm nt h 11 disapprove n pplication or refu e to gr nt p rmit pplied for , or dis pprove n pplication for modifica ion, or wh n i is cl imed th t the 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 t o the Englewood Board of Ad justment 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 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 co mply with any order made thereunder , or who shall build any structure of any nature in violation of any detailed statement or specification s or plans submitted and approved thereunder , or any certificate or permit issued thereunder, and from which no appeal has been taken, or who 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 subject to those penalties prescribed in Section 1-2-1 of this Code . The imposition of one (1) penalty for any violati on sha ll not excuse the violation nor permit it to continue , and all suc h per so ns shall be required to correct or remedy such violations o r defects within a reasonable time. (b) Any continuing act whi ch , under Sec t ion 2-3-lO(a) h reof shall co n s titute a violat ion of this Cod , is hereby decl ared t o be a public nuisance and in additi on to all othe r penaltie s presc rib d herein , the Cit y may take such legal action to abate such nuisance shall be appropriate. Sec ion 2 . Notice of public he ring shall be publish d t wic , once t le st fift n (15) days precedin dat of h acing nd once t le st eight (8) days pr c ding date of hearing , which notice sh 11 state th subJect matt r of the Cod , time and pl c of he ring and that co pies of th fo r egoing Cod a r e on file with th Cl rk and op n to public insp ction , nd the name and addr ss of th g ncy by which s id Cod ha be n promulgat d. S c ion 3 . Not 1 s th n hre (3) copies of ch herein shall b c rtified to be true copi so M yor nd the Cl rk nd fil d in th offic of th een (15) d ys pr or to public h ring nd ubject to inspection all ime while said Code is in full fore 3 • described by the t 1 a t public nd I • - - • • • • • effect. The Clerk shall maintain at all times reasonable copies of the Code available for purchase by the public at moderate price. 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 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 hereby repealed. Introduced, read in full, and passed on first reading on the 21st day of December, 1982. Published as a Bill for an Ordinance on the 22nd day of December, 1982. Attest: Eugene L. Otis, Mayor ex o ff ic io City Clerk -Tr e a s urer I , Gary R. Hi gbe , e x o f ficio City Cle rk -Tr easu r e r of the City of Engle wo o d , Colo r ado , he r eb y certify that t he a b o v e and fo r e g oing is a true , accu r ate and complete copy of a Bill for an Or dinance , introduced , rad in full , nd p s don first reading on the 21st day of December , 1982. G ry R. Higbe 4 • I • • ,., - • • • • • • BY AUTHORITY ORDINANCE NO. COUNCIL BILL NO. 6 3 INTRODUC~ BY CO UN CI L SERIES OF 198-2~~~ A BILL FOR MEMBER::} icjt°±+u J, AN ORDINANCE AMENDING SECTION S 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. 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 f o llowing specific changes, modifications and amendments are hereby mad e in the pr o vision of the Uniform Fire Code, 1982 Edition, her in abo ve ad o pted: (1 ) Se c tion 2 .302 , page 6 , BOARD OF APPEAL S . Delete entire sec t i on. (2) S ct1 o n 4 .101, page s 12-15 , P ERMIT REQUIRED. Delete all items e x cept: 4 • onflres or rubbish fi r es 6. urn1n 1n public p l C 7 . C ndl s an open fl mes in a s semb l y a r eas 11. Cryog ns 15. xplo ives or blas t ing nt l . F ir e wo rk s 22. Hazardou m ter l 2 . Hi ly oxic pes lei e • I • • - • • 2-3-3: 29. Mall, cov ered 33. Open burning • • • 43. Tents and air-supported structures (3) Section l0 .30l(c), page 4 1, WAT ER SUPPLY. Insert new paragraph between first and second paragraph: Where there are pra c tical diff ic ulties in providing wate r system ca pab le o f su ppl ying the requ ir ed fire flow f or a ny building or structure , a suitable automat ic fire extinguishing system o r systems, as approved by the Fire Chief, may be in stalled for the protect i on of such bu ild in g or struc ture. Such system(s) ma y be installed pr ovided th a t in the o p inio n of the Fire Chief , the fire suppression capabilities of the extinguishing system (s), in co n junct ion with th e available water supply, provi es an acceptable level of fire pro tec- tion f or the bui lding or structure in question. (4 ) Section 10 . 309 (b), page 44, ALL OCCUP AN CIES EXCEPT GROUP R, DI VISIO N 3 AND GROUP M. Add the following paragraph as ite m 5: In all buildings which ar e 50 or more feet in height (as defi ned in Chapter 4 of t he 1982 Unif o rm Building Code) or whi ch co mpri s e more than four stories ir - respective of hei ght. DEFINITIO NS Fir Wherever th following words or t rms Cod , 1982 Edition, they shall c rry th re used in the Uniform following meanings: ( ) "Jur1sd1ction" shall mean he Ci y of Englewood, Color do . (bl •co rpo ra 10n Counsel " sh the Ci y of Engl wood , olor do, or ny 2 -3-8: ors "Chi ot "Bur u ol Fir y shall b h ld t o or his desi nee. APPEALS Fire D p p rmi or wh n 2 City Attorn y or thereof. u of I • • • • - provisions of the Uniform Fire Code, 1982 Edition, do not apply in the manner in which the Chief of the Fire De partment determines, or when 1t is claim ed that the true intent and meaning of the Code have been mi scons trued or wrongly interpreted by the Chief of the Fire Department, any person aggrieved thereby may appeal from the dec is ion 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 he 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 violation of any detailed statement or specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who shall fail to c omply with such an order as affirmed or moditied by the Englewood Board of Adjustment and Appeals, or by a court of competent jurisdiction, within he time fixed therein , shall be considered to have violated this Code nd sh all be subject to those penalties pre scri bed in Section 1-2-1 of this Code . The imposition of one (l) penalty for any viol tion shall not excuse the violation nor p rmit it to continu , and all such drsonb shall be re uired to correct or remedy uch viol tions o r efects within a reasonable time. (b) Any continuing act which, und r Sect1on 2-3-lO(a) hereof shall constitu a violation of this Co , 1s h reby declared to be a public nuisance and in addition to all other penalties pr scribed herein, the City may ta e such legal ac ion to bate such nuis nee as shall be appropri te. 0 0 nd la in • an I • • - • • • • • • effect. The Cl erk shall maintain at all times reasonable copies of the Code ava i lable for purchase by the public at moderate price. Section 4. It shall be unlawful for any person, firm or corpor ation to erect, construct, enlarge, alter, repair, move, i mprove, remove , convert or demolish, equ i p, use, occupy, or maintain any building or structure in the City, or cause the same to be done, contrary to o r in violation of any of the provis ions 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 i mprisonment. Section 6. 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 December, 198 2 . Published a s a Bil l for an Ord in an ce on the 22nd day of December, 1982. At t est: Eugene L. Otis, Mayor ex officio City Clerk-Trea s urer I , Gary R. Higbee, ex officio City Cle rk -Tre asurer of the Cit y of Engle wood , Colorado , hereby certify that the above and foregoing is a true, accurate and com plete copy of a Bill for an Ordinance, introduced , read in full, and passed on first reading on the 21st day of Dec mb r, l 82 • Gary R. Higb e 4 • I • • ,., - • • • RESOLUTION NO. j'1 SERIES OF 1982-='-'-~~ • • • A RESOLUTION EXTENDING THE TERM OF THE "COURT ADVISORY COMMITTEE". WH EREAS, the Court Advisory Committee is e stab lished and existing pursuant to Resolution 48, Series of 1981, and Resolution 12, Series of 1982; and WHEREAS, the Court Advisory Committee has been helpful in its advisory role; and WHEREAS, City Council desires to extend its term to December 31, 1983; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. Resolution No. 48, Series of 1981, Section 1 thereof, 1s amended to read as follows: There is hereby established a Judiciary Administrative Review Commission composed of five persons, four of whom shall be residents of the City of Englewood, one of whom shall be an attorney. All members shall serve for a term expiring December 31 , 1 983, at which time Council shall review the mer its of the Co mmission. Section 2 . All terms of the cu rrent and future appointed members of the *Cou rt Advisory Co mmit tee " are extended to December 31, 1983 . Section 3. All other provisions of Reso lution No. 48, Series of 1981, and Resolution No. 12 , Seri es of 1982 , are hereby continued in their approved form until December 31, 1983. ADOPTED AND APPROVED the 21st day of December, 1982 • Attest: Eugene L. Otis, Mayor ex officio City Clerk-Treasurer I, Gary R. Higb e, x officio City Clerk-Treasurer of the City of Englewood , Colorado , hereby certify that the above is a tru , accurate, and complete copy of Resolution No.~~-' Series of 1982. Gary R. Higbee • I • • - • • • • • M E M O R A N D U M TO: Andy Mccown, City Manag er FROM: DATE: Gary Higbee, D 19 i 8 re 2 ctor o~i~e4/, -~1A-- December 15, / ~- SUBJECT: Court Advisory Committee With this memorandum, I am transmitting recommendations addressed to the Mayor and Members of Council from the Court Advisory Com- mittee which has come from the Committee's 1982 term. The Commission desires a study session with Council to discuss the recomaendations as soon as possible as the Coamission' s term ·ex- pires December 31, 1982 and as part of their recommendations, they want to continue through 1983. /jlw attachment cc: Members of the Court Advisory Committee • I • • ~- • Englewood, Colorado December 1, 1982 Mr , Eugene L, Otis, Mayor Englewood, Colorado • • • Re: Court Advisory Committee Recomendations Mr, Mayor: Resolution Number 48, adopted and approved December 7, 1981, established a colllDittee of five persons, four residents of Englewood and one attorney. The responsibilities of this committee are detailed i n Resolution 48, During the 1982 term, the committee i nterviewed officials from the City Attorneys Office , Muni c ipal Court, City Managers Offic e , Finance Department, City Coun cil and the Englewood Police Department . Overall, the problems associated with the Englewood Muni cipal Court are charac terized by the colllDittee as personality conflicts and lack of communication between the Municipal Court and other City ent i t ies. The Cour t Advisory Committee recommends t he f ollowing items b e accomp lished in 198 3; 1 , The Court Advisory Committee be continued for th 1983 term, The committee should consist of the full five members, 2, Establish quarterly liaison meetings between the Municipal Court, City Attorney, City Manager and the Police Department, I • • - • • • • • • 3. The Mucicipal Court should publish "Rules of the Court~ to be available to all persons responsible to the rules. 4. The City Attorneys Office should publish selected sections of the Muni cipal Code and Municipal Traffic Code. Th is publication would be in hand-book form and distributed to all enforcement officers in the field. The co mmittee appreciated the opportuntity to serve in 1982. We also would commend the cooperation received from all departments and especially the individual assistance received from the Finance Director and Staff . RLap ctfully submitted, The Englewoo d Court Advisory Comdttee. ~ t (1,U(vr1#) J Cum Va cant ~j)/./ Edward Payne -Ola~ • I • • - • • • • • TO: FROM: Mayor Otis and Members of City Council Peter H. Vargas, Assistant City Manager DATE: December 16, 1982 SUBJECT: Councils Billa No. 62 and 63 Attached for your review are two additional staff memoranda and a letter from Don Ensign regarding the proposed amendments to the Uniform Building and Fire Codes. 'nle Fire Marshall and the Chief Building Inspector will attend the study session on Tuesday night to make a brief presentation on the amendments to Council. 'nle staff memoranda provide some of the additional information requested by the Council on December 6, 1982. Mr. Ensign was asked to review the proposed amendments for any possible ramifications on the redevelopment project. Staff will, of course, be available on Tuesday night to respond to any questions Council might have. PHV/ab cc : Andy Mccown, City Manager I • • • • • - TO: Pete Vargas, Assistant City Manager FROM : Walter J. Groditski, Fire Marshal DATE: December 13, 1982 SUBJECT: 1982 Code Adoption and Amendments In order to provide some factual data relating to the cost of installing fire sprinkler systems in mid-rise (50-75 feet high) buildings, I conducted a telephone survey of the major local fire sprinkler installation companies. Although there admit- tedly will be increases or decreases in cost, depending · on spe- cific building construction features, all of the companies were willing to give general cost figures for sprinkler installation in buildings 5 to 7 stories in height. Below are the figures quoted and the names of the respective companies who responded: Automatic Sprinkler Corp. of America Northstar Fire Protection Company Sentry Automatic Sprinkler Comp any Adams Automatic Sprinkler Compan y Frontier Fire Protection, Inc. $.75 -$1.00 per square foot $1.20 per square foot $.75 -$1.00 per square foot $.85 -$1.25 per square foot $.80 per square foot An average of all the prices quoted yields a consensus cost for mid-rise fire sprinkler systems of $.96 per square foot. I al3o conducted a telephone survey of area fire protection districts and municipal fire departments to ascertain how other public fire agencies were responding to the fire problem posed by mid-rise structures, and also to gather information on what codes are presently in use and what codes are being considered for future adoption. Below is a brief synopsis of information gathered from the fire pr vention bureaus of th listed agencies. I • • - • • • • • Pete Vargas Page 2 1982 Code Adoption and Amendments Denver (city) Castlewood (Fire Prot . Dist.) Au rora (city) Fire spr i nklers are required for buildings over 75 feet in height, or at any height if fire department determines that access to the structure is difficult or hampers fire-fighting efforts. All existing high-rise hotels and office buildings must be retrofitted with fire sprinklers. Denver is presently planning to propose a sprinkler retrofit ordinance for exist- ing high-rise apartments and condominiums and has future plans for a mid-rise sprink- ler ordinance. They use the Denver Building and Fire Codes, which are based on the Uniform Building and Fire Codes. Castlewood has written its own fire code, based on the Uniform Fire Code. All bu i ld - ings in excess of 3 stories aust be fire sprinklered. Compartmentation is not an alternat i ve . Castlewood is considering adoption of the 1982 Uniform Fire Code with amendments. Aurora usea the Uniform Fire and Build- i ng Codes . The f ire prevention bureau is draft i ng an ordinan c e now which would re q u i re build i ng s between 30 and 75 feet i n h ei gh t t o be pr o vid e d with a complete sprinkle r aystem or a s t a ndp i pe s y s t e m with hose. All hose sup pl ie d mu st meet the fabrication standards outlined by the Aurora Fire Department. (Aurora indicates that the cost to provide sprink- lers or hose plua standpipes is approxi- mately equal.) I • • • • • • Pete Vargas Page 3 1982 Code Adoption and Amendments Glendale (city) Westminster (city)- Boulder (city) Arvada (Fire Prot. Dist.) Poudre Pire Author ity (P't. Coll na) Loveland (c1 y) Separate ordinances regulate fire pro- tection in buildings. All buildings in excess of 75 feet must be fire sprink- lered. Any building over 50 feet (or 4 stories) must have fire sprinklered corridors and pressurized stairwells, plus smoke detection. All existing apartment buildings with open stairwells must enclose such stairwells or provide either a total sprinkler system or total smoke detection system. Westminster is planning to adopt the 1982 Uniform Fire Code and the 101 Life Safety Code. They are presently involved in preparing a mid-rise sprinkler ordinance. Boulder has adopted the 1979 Uniform Building Code and the National Fire Codes. A city ordinance limiting the height of structures to 35 feet has been in existence for over a decade. They presently use the 1979 Uniform Build- ing and Fire Codes. They are proposing the adoption of the 1982 Uniform Building and Fire Codes, plus a sprinkler ordinance wh ic h would mandate fire sprinklers and additional high-rise safety features for str uctures over 55 feet. Structures be- tween 3 stories and 55 feet would require fire sprinklers only. They preaently uae the 1979 Uniform Building and Pire Codea, with an amend- ••nt to Chapter 38 and Article 10 -re- quiring fire aprinklerization in all building• 4 atoriea or more in height. They preaently uae the 1979 Uniform Building and Pir• Codea, with an aaend- aent to Chapter 38 and Article 10 -re- qu ring fire aprinkle rization in all build n91 4 atoriea or aor• in height. I • • • Pege Vargas Page 4 • • • 1982 Code Adoption and Amendments The growing national trend toward fire sprinklerization of even small structures is a result of the excessive toll that fire takes in lives and property yearly in the United States. Insurance companies are finding it difficult to bear the cost burden imposed by the tremendous number of structures which burn annually. Municipalities which are feeling the economic pinch are cutting back in fire protection services and man- power. These factors place a responsibility on both the public and private sectors to pursue a path which will guard the eco- nomic interests of the community in which they work. The bene- fits of providing internal building protection in the form of fire sprinklers far outweigh any perceived risks or inconvenience. As you can see from the information supplied above, this idea is not revolutionary, it just makes good sense. Respectfully, m cc: o. A. Romans, Community Development James Broman, Fire Chief Gary Pittman, Chief Building Inspector • I • • ( • • • • MEMORANDUM TO: Pete Vargas, Assistant City Manager FROM: Gary Pittman~Chief Building Inspector SUBJECT: Adoption of the 1982 Unifonn Codes and Anwnendments DATE: 12/14/82 In follow up to our study session with City Council I have surveyed surrounding c011111unity Building Departments to detennine if they have or are going to adopt the 1982 Unifonn Codes. The results of that survey are the following : City or County Adoption of the 1982 Unifonn Codes Arvada January 1983 Aurora January 1983 Broomfield February 1983 Boulder February 1983 Glendale January 1983 Lakewood January 1983 Littleton July 1982 Thornton November 1982 Westminister January 1983 Wheat Ridge October 1982 Adams County February 1983 Douglas County January 1983 Jefferson County March 1983 I have also contacted Duane Searles of the Colorado Home Builders Association regarding their letter opposing fire sprinkling of low rise apartment and condominium units. I explained to him the fire sprinkling ordinance we have proposed for adoption and offered to send him a copy. After explaining the ordinance to him it was his feeling that the Colorado Home Builders Association was not opposed to the ordinance. He infonned me that he would contact Dennis Marshall, Past President of the Home Builders Association and sponsor of the letter that was sent to all jurisdictions in the metro area to see if there wa s any problem on his part with our ordinance. He infonned me that he would get back with me as soon as possible. Another question City Council had regarding the fire sprinkling ordinance was the cost of installation. Walt Groditski, Fire Marshal, will address the cost of a fire sprinkling syst in his meno. I would like to point out that the building code allo c rtain trade-offs for fire sprinkled buildings . • I • - ( • City of Englewood Memorandum To Pete Vargas 12/14/82-Page 2 • • • (a) The maximum allowable area of a one story building may be tripled or doubled in multi-storied buildings if they are fire sprinkled. (b) The area of any one or two story building of Group B and H, Division 5 Occupancy may be unlimited if the building is provided with a fire sprinkling system and adjoined by public space, streets or yards not less than 60 feet in width . (c) The maximum height of a building may be increased by one story if the building is fire sprinkled. (d) Where one-hour fire-resistive construction is required, an automatic sprinkler system may be substituted. While there are some exceptions, these are the trade-offs permitted by the Uniform Building Code. I have attached tables 5-C and 5-D of the Uniform Building Code so that you would understand what is meantby the terms "Maximum Allowable Area", "Maximum Height of Building" as it applies to the types of construction permitted by the Uniform Building Code. While I can not give you an exact breakdown as to the cost savings that can be achieved by the use of these exceptions because of the many variables that go into the construction of a building, I think I can say that the cost is not prohibitive because they are in fact used by many developers in this area. In looking back on new building construction of apartments (3 dwelling units or more), corrmercial and industrial buildings built from 1976-1982 three hundred-four (304) buildings were built and three (3) were mid-rise buildings more than four (4) stories in height . These three (3) buildings represent one (1) percent of the new buildin9 construction activity during those years. I might also add that all three (3) buildings are partially fire sprinkled buildings. In surm1ary, I think it would be safe to say the fire sprinkling ordinance would not adversely affect new construction activity based on past experience. I . . 1' • • TABLE NO . S.C-IASIC ALLOWABLE FLOOR AREA FOR BUILDINGS ONE STORY IN HEIGHT (lnSqilar9FNI) _.,. • I • II IV I V OCCUPANCY , ... F.R. ONE_ I N IOIIE-I N II H.T. I ONl·HOUR I N ..... Unlimit ed 29 900 Nol Pmnitt ed A)2-2.I Untim il ed 29,900 13 ,,00 Nol l l,,00 Noc l l.SOO 10.SOO Not P-au..A P-~•ed Pmnitt ed Al)-<I Ullliariled 29to0 13 ,00 9100 13 .500 9,100 13 ,SOO 10,SOO 6,000 Bl l -2·l ' Unlimited 39,toO 18,000 12,000 11,000 12,000 18,000 14.000 9,000 .... Unlimited '9,900 27,000 11,000 27,000 11,000 27,000 21,000 12,000 E Unlillliced 45,JOO lO,lOO 13 ,SOO lO ,JOO 13,,00 l0,200 15 ,700 ·9,100 HI 1-2' ··-· ,2 ... H OO ) 700 5600 l 700 HOO 4400 2 ~ Hl )-4-5 Unlimited 2000 11 ,JOO 7,,00 11,JOO 7,,00 11 ,200 l,IIOO S,100 I) 1-2 Ulllimiled 15,1 00 6,100 Nol 6,IIOO Nol 6,IIOO ,.200 Not Pmniued Pmniued Permitted 1-J Unlialited 15 100 • ~ f! Not Permitted' M' S..,Ch.anrcr 11 ••• Ullliailed I 29 900 13 ,00 9,100' I 13,SOO 9,100' I l l,SOO I 10,500 6,000 ' • R-J Unlimited 'Far-port illa -•Soctioo *. N-No reqY irerMnl fOf fire rni11a nce '!it<-,0). f .a .-Fir e Rni1ti\t '5aSoaia,o lCll2(bl. H. T.-Hcavy Ti m bn 'Far ..,;c,,lt..i lolildiop,,.. ... ~ °'""'" 11 . ,. ... -........... -. ... -1J02(bl. s .... -....... - ~M • • • ~ m !i! ~ 0 z :c; I I I · • • I OCCUf'AMCY .... , A.)2-2.1 "' )-4 B) 1-2·3' M E Ml 1-2' HIJ-4-S I) 1-2 1-) M" Ill ll) • • - 0 TABLE NO. 5-C-BASIC ALLOW ML£ FLOOR AREA FOR BUILDINGS ONE STORY IN HEIGHT (In Square fNI) I • I . • N I y , .... , ... --· .. ·--· .. • HT I 0...HOUfl I Unlimited 29.900 Nol P<Tmiued Unlomi1ed 29,900 ll,500 n-~·-' l!.500 D-~•-' ll,lOO 10,500 Ulllimked 29to0 I) ,00 9100 1),,00 9 ,100 ll,lOO 10,500 Unlim11ed )9to0 11.000 12,000 11,000 12 ,000 11,000 14.000 Unbm11ed S9,900 27,000 11,000 27 ,000 11 ,000 27,000 21,000 Uuonited 4UOO lO,lOO ll ,500 lO,lOO 1),,00 l0,200 15 ,700 ••.... 12 400 HOO 3700 HOO ) ...... HOO ·-Unlimited 24,IOO 11,lOO 7,500 11.lOO 7,,00 11,200 l,IOO Unlom11ed 15,100 6,IOO Nol 6,IOO Nol 6.100 S,200 P<Tmiued P<nniUed Unlom11ed U 100 . '! Nol P<Tm,ued ' Sot -...-.... , lhllilnked I 29 900 ll ,00 9 100' -. 1).500 9100' l lllOO I 10,<oo I Unhmttcd N No, Pcrm1t1rd 6,rwvl ,.ooo 12,000 9 ,100 , ""' S,100 Nol P<Tm11ted 6,000' for .. k ..... -. .. --No,..,.,... for firt tftKl.8JW..'t' '5ot -,OJ r.1.-Fwt kNMn« 'Sot -· ~· N.T.-Hoa"fl""llff 'for ............................ ..._..°'"""' II 'for ~ .. owicNlaMdn«p1_,, •Soa-lli01(bl • !e ... m 52 ~ 0 z • • - • - 0 ( ! TABLE NO . S·D-MAXIMUM HEIGHT OF BUILDINGS TY.,.•OFCONSTfl•.-.-.... I a • I .. n OCCUPANCY '·"-n , ... I ONE·HOU• I • ION(,HOUO I • II IIAIIIIIUII HltQHT. nn Unlimited I 160 65 55 I 6~ 55 H MAllllUII HltOHT * ITCMIIII A· I Unlimited 4 Not Pormilled A)2-2 .I Unlimited 4 2 Not 2 Not Ptrmilted P<rmi11ed A)]~ Unlimited 12 2 I .... 1 I B) 1-2-]' Unlimited 12 4 2 4 2 ... Unlimiled 12 4 2 4 2 E' Unlillliled 4 2' I 2' I H-1 Unlimited 2 I I I I H)2.µ5 Unlinuled 5 2 I 2 I ... U-ecl , I Not I Noc Ptrm1ttc.d Porm,ued t,2 UiMited ] l Noc 2 Not P.,.m,ued Ptrmllted I l Ullloaoted l Not Ptrmi11ed ' ... --· II ••• Unli<lllttd I 12 4 2' I 4 2' I .. ] u ....... ..s I , ] ] ) ] I ... _,o,t... .. ,.. ... 5onlN Ill I<) 'Sot tlOZCl>I .,.., .... _....... ~c,,.,. ll 'r•-----IJIIH I • • IV • V H.T. I ONE •HOUO I • 65 I 50 ~ 2 2 Not Pcrm111«1 2 2 I 4 ] 2 4 ] 2 2' 2' I I I I 2 2 I I I p.,.i;::,ed 2 2 Not Ptrmn t<d 4 I ] I 2· ) I ] ) No reqwf'IIWfH ror Ore ,-ittanw f .a -Fite Rrwtl.l,t II. T.-HolYJ T""MI' V' 0 • - • • Mrs. Dorothy Andrews Romans Acting Director of CollDDunity Development 3400 South Elati Street Englewood, Colorado 80110 Dear Dorothy: • • • Design Workshop, Inc. 710 East Durant Aspen, Colorado 81611 December 15, 1982 I have reviewed the proposed Building Code changes with the developer in the context of their impact on the project. The following facts should be considered: 1. Fire protection sprinkling systems add from $1.50 to $2.00 per square foot to the cost of buildings. 2. Type I construction requirements add approximately $3.00 per square foot to building construction costs. 3. Total costs for the project at 1. 6 mill ion square feet could total several mill ion dollars. In my opinion, the whole issue of increased operating costs incurred by the project should be addressed now as a context for the development con- tract negotiations, including fire prot ction, security, maintenance, adverti ing, and mall activity management. Policies related to these issu should d fin responsibilities for th dditional costs. Kinde tr g rd , ~~~~--d Don En ign ~-· / _:_ c.../ sign Workshop, Inc. :,,- gw • I • • - • • • • • TO: FROM : Mayor Otis and Members of City Council Peter H. Vargas, Assistant City Manager DATE: December 16, 1982 SUBJECT: Councils Bills No. 62 and 63 Attached for your review are two additional staff memoranda and a letter from Don Ensign regarding the proposed amendments to the Uniform Building and Fire Codes. nte Fire Marshall and the Chief Building Inspector will attend the study session on Tuesday night to make a brief presentation on the amendments to Council. nte staff memoranda provide some of the additional information requested by the Council on December 6, 1982. Mr. Ensign was asked to review the proposed amendments for any possible ramifications on the redevelopment project. Staff will, of course, be available on Tuesday night to respond to any questions Council might have. PHV/sb cc : Andy McCown, City Manager • I • • • • • • TO: Pete Vargas, Assistant City Manager FROM: Walter J. Groditski, Fire Marshal DATE: December 13, 1982 SUBJECT: 1982 Code Adoption and Amendments In order to provide some factual data relating to the cost of installing fire sprinkler systems in mid-rise (50-75 feet high) buildings, I conducted a telephone survey of the major local fire sprinkler installation companies. Although there admit- tedly will be increases or decreases in cost, depending on spe- cific building construction features, all of the companies were willing to give general cost figures for sprinkler installation in buildings 5 to 7 stories in height. Below are the figures quoted and the names of the respective companies who responded: Automatic Sprinkler Corp . of America $.75 -$1. 00 per square foot Northstar Fire Protection company $1. 2 0 per square foot Sentry Automatic Sprinkler Company $.75 -$1. 00 per square foot Adams Automat ic Sprinkler Co mpany $.85 -$1. 2 5 per square foot Frontier Fire Protection, Inc. $.80 per square foot An average of all the prices quoted yields a consensu• coat for mid-riae fire aprinkler ayatema of $.96 per aquare foot. I alao condu c ted a telephone aurvey of area fir protection diatricta and municip l fire department• to ascertain ho w other public fire agencies were responding to the fire problea posed by mid-riae atructurea, and alao to gather information on what codes are presently in uae nd what codes are being considered for future adoption. Below is a brie 1ynopaia of i nf oraation 9 thered froa the fire prevention bureaus of the listed agencies . • I • • - • ,. • • • • Pete Vargas Page 2 198 2 Code Adoption and Amendments Denver (city) Castlewood (Fire Prot. Dist.) Aurora (city) Fire sprinklers are required for buildings over 75 feet in height, or at any height if fire department determines that access to the structure is difficult or hampers fire-fighting efforts. All existing high-rise hotels and office buildings must be retrofitted with fire sprinklers. Denver is presently planning to propose a sprinkler retrofit ordinance for exist- ing high-rise apartments and condominiums an d has future plans for a mid-rise sprink- ler ordinance. They use the Denver Building and Fire Codes, which are based on the Uniform Building and Fire Codes. Castlewood has written its own fire code, based on the Uniform Fire Code. All build- ings in excess of 3 stories must be fire sprinklered. Compartmentation is not an alternative. Castlewood is considering adoption of the 1 982 Uniform Fire Code with amendments. Aurora uaea the Uniform Fire and Build - ing Cod a. The fire preventinn bureau is drafting an ordinance now wh ich would require building• between 30 and 75 feet in height to be provided with a complete sprinkler aystem or a atandpipe aystem with hoae. All hose aupplied muat meet the fabrication atandarda outlined by the Aurora Fire Department. (Aurora indicate• that the coat to provide aprink- lera or hoae plua standpipes ia approxi- mately equal.) • , I • • - • • • • Pete Vargas Page 3 1982 Code Adoption and Amendments Glendale (city) Separate ordinances regulate fire pro- tection in buildings. All buildings in excess of 75 feet must be fire sprink- lered. Any building over 50 feet (or 4 stories) must have fire sprinklered corridors and pressurized stairwells, plus smoke detection. All existing apartment buildings with open stairwells must enclose such stairwells or provide either a total sprinkler system or total smoke detection system. Westminster (city)-Westminster is planning to adopt the 1982 Uniform Fire Code and the 101 Life Safety Code. They are presently involved in prepar i ng a mid-rise sprinkler ordinance. Boulder (city) Arvada (Fire Prot. Dist .) Poudre Fire Authority ( t. Collins) Loveland (c ty) Boulder has adopted the 1979 Uniform Build i ng Code and the National Fire Codes. A city ordinance limiting the height of structures to 35 feet has been i n existence for over a decade. They pres ently use the 1979 Uniform Build- ing and Fire Codes. They are proposing the adoption of the 1982 Uniform Building and Fi r e Codes, plus a sprinkler ordinance wh ich would mandate fire sprinklers and additiona l h igh-r ise safety features for structures o v er 55 feet. Structures be- tween 3 stories and 55 feet would require fire sprinklers only. They presently use the 1979 Uniform Building and Fire Codes, with an amend- ment to Chapter 38 and Article 10 -re- quiring fire sprinklerization in all buildings 4 stories or more in height. They presently use the 1979 Uniform Building and Fire Codes, with an amend- ment to Chapter 38 and Art icle 10 -re- quiring fire sprinklerization in all building• 4 stories or more in height. • I • • n - • • (' • Pege Vargas Page 4 • • • 1982 Code Adoption and Amendments The growing national trend toward fire sprinklerization of even small structures is a result of the excessive toll that fire takes in lives and property yearly in the United States. Insurance companies are finding it difficult to bear the cost burden imposed by the tremendous number of structures which burn annually. Municipalities which are feeling the economic pinch are cutting back in fire protection services and man- power . These factors place a r e sponsibility on both the publ ic and private sectors to pursue a path which will guard the e c o - nomic interests of the commun i ty in which they work. The ben e- fits of providing i nternal building protection in the form of fire sprinklers far outweig h any perceived risks or inconven i en ce. As you can see from the inform a t i on supplied above, th i s i de a is not revolutionary, i t ju s t mak es good sense . Respectfully, cc: 0. A. Romans, Community Developmen t James Broman, Fire Chief Gary Pittman, Chief Building Inspector • • I • • ( • • - MEMORANDUM TO: Pete Vargas, As si stant City Manager FROM: Gary Pittman~Ch i ef Building Inspector SUBJECT : Adoption of the 19B2 Unifonn Codes and Alrmenclments DATE : 12/14/82 I n fo l low up to ou r study se s sion wi th City Council I have surveyed surrounding corrmun i ty Building Departments to detennine if they have or are going to adopt the 1982 Unifonn Codes . The results of that survey are the following : Ci ty or County Adoption of the 1982 Unifonn Codes Arvada J anuary 1983 Auro r a J anuary 1983 Broomf i eld Feb r uary 1983 Boulde r February 1983 Glenda l e J anuary 1983 La kewood J anuary 198 3 Lit t leto n July 1982 Th ornto n November 198 2 Westminister J an uary 1983 Wheat Ridge Octo be r 1982 Adams County February 1983 Douglas County January 1983 Jefferson County March 1983 I have also contacted Duane Searles of the Colorado Home Builders Association regarding their letter opposing fire sprinkling of low rise apartment and condominium units. I explained to him the fire sprinkling ordinance we have proposed for adoption and offered to send him a copy. After explaining the ordinance to him it was his feeling that the Colorado Home Builders Association was not opposed to the ordinance. He infonned me that he would contact Dennis Marshall, Past President of the Home Builders Association and sponsor of the letter that was sent to all jurisdictions in the metro area to see if there was any problem on his part with our ordinance. He infonned me that he would get back with me as soon as possible. Anoth r question City Council had regarding the fire sprinkling ordinance was the cost of installation. Walt Gr0ditsk1, Fire Marshal, w111 address the cost of a fire sprin ling system in his o. I would like to point out that the building code allows certain trade-offs for fir sprinkl d buildings. I • - • • ( 0 • • • City of Englewood Memorandum To Pete Vargas 12/14/82-Page 2 (a) The maximum allowable area of a one story building may be tripled or doubled in multi-storied buildings if they are fire sprinkled. (b ) The area of any one or two story building of Group B and H, Division 5 Occupancy may be unlimited if the building is provided with a fire sprinkling system and adjoined by public space, streets or yards not less than 60 feet in width . (c) The maxim1111 height of a building may be increased by one story if the building is fire sprinkled. (d) Where one-hour fire-resistive construction is required, an automatic sprinkler system may be substituted. While there are some exceptions, these are the trade-offs permitted by the Uniform Building Code. I have attached tables 5-C and 5-0 of the Uniform Building Code so that you would understand what is meantby the terms "Maximum Allowable Area", "Maximum Height of Building " as it applies to the types of construction permitted by the Un i form Building Code . Wh il e I can not gi ve you an exact breakdown as to the cost saving s that can be achieve d by the use of these ex cepti ons becau se of the many var i ables that go i nt o t he con structi on of a bui ld i ng , I t hi nk I can s ay that the cost i s not prohibitive because they are in f act used by ma ny developer s i n th is area . In looking back on new building co ns tructi on of apartment s (3 dwe lli ng units or more), corrmercial and industrial buildi ngs bui lt from 1976 -1 982 th ree hundred-four (304) buildings were built and th ree (3) we re mi d-rise buildings more than four (4) stories in height. These three (3) buil dings represent one (1) percent of the new buildin9 construction activity during those years. I might also add that all three (3) buildings are partially fire sprinkled buildings. In su ry, I think ft would be safe to say th fire sprinkling ordinance would not adversely affect new construction activity based on past experience . I • • • • '""' • • I • • • TAaLE NO. 5-C-BASIC ALLOWAaU FLOOR A.RU FOR BUILDINGS ONE STORY IN HEIGHT l!n 5quaN FNt) -I • I • II .. I V -, ... , ... CINI-I " IOIII.-I II I M.T. I Olll·MOUR I N A-I Ulllioniled 29900 Nol Pcrmined A)2 -2 I Unlulli1ed 29,900 13,.500 Nol 13 ,.500 Nol 13,.500 10,.500 Nor D-;.,..t D-lo,..t Pcrmined AIM Ualiailed 2UOO 13 .500 9100 13,.500 9,100 13,.500 10,.500 6,000 •• 1-) Ullliniiled 39900 11,000 12 ,000 11,000 12,000 11,000 14 ,000 8,000 ... Ualolniled '9,900 27,000 11 ,000 27 ,000 11.000 27,000 21,000 12,000 E U.....ed 4',lOO l0.200 13,.500 l0,200 13 • .500 l0,200 15,700 ·9,100 HI l ~l ' .. ~ .. 12400 5600 3 700 5600 ) ~-· 5600 4400 2 .500 Hl}+S Ullliailed 2A IOO 11,200 7,.500 11,200 7,.500 11,200 l,IOO 5,100 I) 1.2 u..ited U,100 6,IOO Nol 6,IOO Nol 6,IOO 5,200 No< Pcrmiued Pcrmiued Pcrmiued 1-J u..iled U 100 ~ Noc Pamlucd 1 M' S.Cl .. -cr II l I Ualiailed I 29 900 I 13 .500 9 100• I 13 ,oo I 9100' 113,.500 I I0,.500 I 6,000 ' l-J Unlimiled r._,.. .. __ Soctioo109. N-No requirfflM'Rl for fire rniuan« 'Sor-to:! F.a .-Firc Rnnth,c 'Sor-1-.-i IL T .-Hcavy Timbn ~ • ..--........ --~°'"""1 II 'f•----.-Soctioo IJ02(1>1 ,-..,uaaa ._. •• -2iliM e ~ m li! .. 0 z b ,, I • • • -. I • • • 0 TABLE NO. ~-BASIC ALLOWABLE FLOOR AREA FOR BUILDINGS ONE STORY IN HEIGHT (lnllqulnFNI) -~- I • I • II "' I • OCCUl'ANCY '-"· '·"· --· N ·--· N u N.T I 00.,MOIIII I N A-1 Unlimiced 29,900 Not Pcrmiued A)2-2.I Unlimiced 29,900 13,500 Not 1),500 Not 1).500 10.500 Nol D-:u..A p_;,,,,t Perm 1t1td All~ Ulllillliled 29900 13 500 9 100 13.500 9,100 1),500 10.500 6 ,000 8) 1-2·3' Unlimited )9900 II.ODO 12 ,000 11,000 12 ,000 11,000 l',000 ,.ooo ~ Ualimiced 59.tOO 27,000 11,000 27,000 11 ,000 27,000 21,000 12 ,lllJ E Ulliionited 45 ,JDO JO.JOO 13,500 JO.JOO 13,500 JO.JOO IS ,700 9,100 Hl 1·2' 1• •••• 12.400 ,--· 3 700 HOO 3 700 HOO . .... , Vlll HI 3-4-S Ulllillliced 24 IOO II.JOO 7,500 11,JOO 7,500 11,200 l ,IOO ,.100 I) 1·2 Ualimiled U,100 6,IOO Not 6,IOO Not 6,IOO 5,200 Nol Permitted Pcrmi11ed Ptrmu tt.d 1-3 Ualimited UIOO . '! Not Pcrmuced ' M' Sec Chanler 11 ... , Ullllffliled I 29 900 I 13 500 I 9100' I 13 500 I 9,100' 1 13.500 I 10,500 6 ,000' ll-3 UnltmNed •for-pork .. -•Son-109 ~No reqw"t'IM'nl for r..-t f l'\tltUCt' '5«Sonloot,OJ r.a.-f'IH ltmm < --·002~1 K.T.-Heo ¥)'TMftbn '!'or._,-..i.....,..,,._.,._.a..,. .. 11 'for liaNM _ _._...., ... Son1oot 1JOl~I • ;;; .., ., "' 52 ... 0 z • g • • • - TABLE NO . S·D-MAXIMUM HEIGHT OF BUILDINGS I • • OCCWANCY ,.A. I 'A I ONI-I Unlimited 160 A-I Unlimited 4 A)2 •2 I Unlimiled 4 A) )-4 Unlimit ed 12 Bl ,.2-3 • Unlimited 12 1M Unlimited 12 E' Uallmiled 4 H-1 Unlimited 2 H) 2-3-4-5 Unlilllited 5 l •I u-eo ) 1-2 Unltlnited J 1-) Unlimited 2 ... .. , Unlunited I 12 •·l Unlimited I ) 'for_,., .... _ .. s .. 11 ... lOt 'Sots .. .,.., 102 1<1 'Sot -1-~, 65 2 2 4 4 2' I 2 I 2 4 ) 'Foraa,bll...,......,., ,....,~°"""" 11 'For-•-loM . 1ioot:I02~1 • I TYKI OF rnlillTmtrTlnal I • • N IONl•HOUII I N II IIIAXIIIUII MIMIMT • NET 55 6~ 55 -HllOHT .. 1- Not Permiued Not 2 Not Pnm111ed Pnm1t1 ed I ... .. I 2 4 2 2 • 2 I 2' I I I I I 2 I Not I NO( Ptrm1t1ed Pcnn1t1ed Not 2 Not P<rnutted Pcnnotted Not Pmnitted' II 2' I 4 2' I ) ) ) I ,. I • H.T IOOIEHOU,, I N 65 I 50 ., 2 2 Not Ptm·1111~ 2 2 I 4 ) 2 4 ) 2 2' 2' I I I I 2 2 I I I Not Permotoed 2 2 Not Pcnn111ed 4 I ) 2· ) I ) ) ' No,.......,. (o, tiff raittafte'C' ,.a .-Ar,a...._,,, N.T.--"f T• .,. C C: ! i t ,- 2 ! n i • n - ( ( • Mrs. Dorothy Andrews Romans Acting Director of Community Development 3400 South Elat i Street Englewood, Colorado 80110 Dear Dorothy : • • • Design Workshop, Inc. 710 East Durant Aspen, Colorado 8161 1 December 15, 1982 I have reviewed the proposed Bu i lding Code change s with the developer in the context of the ir impact on the project. The following facts s hould be con sidered: 1. Fire protect i on s prink l ing systems add from $1 .50 to $2 .00 per square foot to the c os t of buildings. 2. Typ I construction requirement s add ap proximately $3 .00 per square foot to building con struction cost 3. Total costs for the project at 1.6 million square fee t could total ev ral million dollar • In my opinion, th whole iss ue of increa ed op rating cos t s incurred by th project s hould b address d now a a con t xt for th development con- tract n gotiations, including fir protection, secur i ty, maintenance, adv rtising, and mall ctivity management. Policies related to th se is us hould d fin r sponsibilities for th dditional costs. Kind st regards, i??~~~ sign Workshop, Inc. "* gv • I • • - • RESOLUTION NO. SERIES OF 1982 • • • A RESOLUTION OF THE ENGLEWOOD CITY COUNCIL TO AMEND THE ENGLEWOOD DOWN- TOWN REDEVELOPMENT PLAN. WHEREAS, the City of Englewood adopted a Downtown Redevelopment Plan in accordance with the Urban Renewal Statutes of the State of Colorado; and WHEREAS, legal counsel has advised City Council that all prop- erties that must be acquired by the Urban Renewal Authority to effect implementation of the Plan should be included in the Plan by amendment; and WHEREAS, the engineers for the Little Dry Creek Flood Control Project have identified certain additional properties which will be re- quired for the project; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Englewood, Colorado, that: Section 1. Official notice has been given and a public hearing has been held on November 15, 1982, to solicit comments on the proposed amendment to the Downtown Redevelopment Plan as required by CRS 1973 (as amended) 31-25-107 (3). Section 2. The document attached hereto entitled "Englewood Downtown Re- development Plan, Addendum #3" is hereby approved as an amendment t o th Englewood Downtown Redev lopment Plan. ADOPTED AND APPROVED this & / ,a),-day of December, 198 2. Eugene L. Otia, Mayor ATTEST : Ex-officio City Clerk-Treaaurer • I • • - ( • • • • ENGLEWOOD DOWNTOWN REDEVELOPMENT PLAN ADDENDUM 03 Add to Page 39a before the last Paragraph : Address 3800 South Logan Street 3705 South Clarkson Street 777 East Kenyon Avenue 3666 South Pearl Street 3655 South Pearl Street 3655 South Pennsylvania 3638 South Logan Street 3601 South Logan Street 3575 South Logan Street 3522 South Broadway Parcels with no address: u. s. 285 R.o.w. U. S. 285 R.O.W. u.s. 285 a.o.w. U.S. 285 R.O.W. Street P. P. I. Number 2077-03-1-00-008 20 77-03-1-00-010 2077-03-1-14-024 2077-03-1-14-005 2077-03-1-13-04 7 2077-03-1-13-046 2077-03-1-13-002 2077-03-1-13-001 2077-03-1-12-002 2077-03-1-05-004 2077-03-1-07-025 2077 -03-1-13-019 2077-03-1-13-006 2077-03-1-03-02 7 2077-03-1-07-022 2077-03-1-07-016 2077-03-1-07-023 Bk. 782, Pg. 535 Bk. 991, Pg. 151 Bk. 1845, Pa. 539 Bk.1925, Pg. 792 I I • • • , - • • I .. -2- I, Ga ry R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the abo:}(~ foregoing is a true, accurate and complete copy of Resolution No. , Series of 1982 . Gary R. Higbee • I • • • - ( • / RESOLUTION NO. !J::; SERIES OF 1982 • • • A RESOLUTION ESTABLISHING ANNUAL SALARIES FOR THE CITY MANAGER, CITY ATTORNEY, MUNICIPAL COURT JUDGE AND ASSOCIATE JUDGES FOR THE CALENDAR YEAR 1983. WHEREAS, the City Council has, by Resolution No. 47, Series of 1982, amended the 1983 budget and adopted said amended budget by ordinance; and WHEREAS, said City Council has, by ordinance, passed and approved the 1983 appropriations for all municipal purposes, including annual salaries for Council appointees. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: That consistent with the budget heretofore approved and the appropriations to the General Fund of the City relative to salaries, the following annual salaries are hereby established for appointees of City Council for the calendar year 1983, to wit: City Manager • $ S4,S10 1 'l. City Attorney $ 4~,JJS 1 , S 'lo Municipal Court Judge $ 4 1 . .i./-oo 6. q ,qq 1,, Associate Judge • $ ,s lcta.y ADOPTED AND APPROVED this 21st 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 City of Englewood , Colorado, hereby c rtify that the above is a true, accurate and complete copy of Resolution No . , Series of 1982. Gary R. Higbee • 0 I • • • • - ( RESOLUTION NO.-,!i~ SERIES OF 1982 ( A RESOLUTION ESTABLISHING ANNUAL SALARIES FOR THE CITY MANAGER, CITY ATTORNEY, MUNICIPAL COURT JUDGE AND ASSOCIATE JUDGES FOR THE CALENDAR YEAR 1983. WHEREA S , the City Council has, by Resolution No. 47, Series of 1982, amended the 1983 budget and adopted said amended budget by ordinance; and WHEREAS, said City Council has, by ordinance, passed and approved the 1983 appropriations for all municipal purposes, including annual salaries for Council appointees. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: That consistent with the budget heretofore approved and the appropriations to the General Fund of the City relative to salaries, the following annual salaries are hereby established for appointees of City Council for the calendar year 1983, to wit: City Manager . $ JLf,..,S-?() City Attorney $ '1-fo, ~dic:3 Municipal Court Judge $ -'ll 4/) 0 Associate Judge $ @~/clt).__J/ ADOPTED AND APPROVED this 21s t day of December, 1982. Eu ge n e L . Otis , Ma yo r Attest: x officio City Clerk-Tr asurer I , Gary R . Higbe , ex officio City Cle r k-Treasure r of th City of Engl wood , Colorado , hr by c r tify that th abo v e is a tru , accu r ate nd complete copy of Resolution No .~, S r i s of 1982. Guy R . Higbee • I • •