HomeMy WebLinkAbout1995-01-16 (Regular) Meeting MinutesI
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I. Call to Order
INGLIWOOD CITY COUNCIL
INGLIWOOD, AJIAl'AHOI COUNTY, COLORADO
The regular meeting of the Englewood City Councll 11'1S called to order b)· Ma)'lr Burns at 7:38 p.m.
2. lan,catioa
The invocation was gi,-cn by Council Member Wiggins.
l . PledRO of All<giaJl(t
The Pledge of Allcgianct was led by Mayor Bums.
4. Roll Call
Present:
Absent:
Cooncil Mcn,bcn Hatllaway, Wiggins, Habenicht, Vormiltag.
Waggoner, Bums
Council Member Waldman
A quorum was present
5. Mi1111tes
Also present: City Manaier Clarie
Acting City Attorney Semple
City Clerk Ellis
Director Mcrkd, c-n,.,,,.ty Development
Director Gryglc1'icz, Financial Servi=
Manager of Administlllivc Opcntions Kcr>hisnik
(a) COUNCIL MEMBER WIGGINS MOVED, AND IT WAS SECONDED, TO
APPROVE THE MINUTES Of THE REGULAll MJ:ITING Of JANUARY J , 1995.
Motion carried.
Ayes : Council Membcn Hathaway , Vormilla g, Wiggins, Habenicht,
Waggoner. Bums
Nays : None
Absent: Cooncil Member Waldman
6. Prc-Kheduled Visiton
(a) Representatives of the C:ooew.,y Baucrcd WomcJ>'• Shelter and Coonhousc Inc . aoccptcd
contributions from the Mayor as recipient organleations of 199~ Aid to Other Agencies. Mayor B11rns
noted that contributions to Meals on Wheels and the 11,,;:;-Fai th Tult Force will be 1ent to them .
7. Noe-ttbeduled Viaiton
(a) Fred Kaufman, owner of Kaufman 's Tall and Bis Shop, 33 95 Sooth Broadway, felt that
he should bavo rcccived notice of the City 's inlcnt 10 erect a no lcR tum sign at the Floyd ond Broadway
inlcrscction (wcs• bound traffic on Floyd cannot tum south on Broadway) so Uiat he could have womcd
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his customers. Additionally, Mr. Kaufman lllled tlial be.-that King Soopcrs intend5 to
expand their p,aent locllloo. As he ha& "rigl11•" to the porkiag lot, be rcdJ be should be included in
discussi ons relativ.: to the propmod changes. Mr. Kawman cmphuizod the impo<1ancc or open
communication bct,..ccn City Council and Englewood business owners.
8. c-•lutioe1, ProclaaatioeJ ud Ap,-,-11
(a) COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO
ACCEPT WITH REGRET LLOYD COVENS' LETTER or RESIGNATION FROM THE
ENGLEWOOD PLANNING AND WNING COMMISSION.
M01jon carried .
Ayes : Council Mcmbcn Hathaway, Vonnittag. Wiggins, Habenicht,
Waggoner, Bums
Nays: None
Absent: Council Member Waldman
9. 1'1,blic Hcuiac
(a) COUNCIL MEMBER HA THAW AV MOVED, AND IT WAS SECONDED, TO
OPEN THE PUBLIC H£AIUNG TO RECEIVE CITIZEN INPUT ON AN AMENDMENT TO
THE ENGLEWOOD MUNICIPAL CODE RELATIVE TO ACCESSORY STRUCTURES.
Ayes: Council McmbcR Hathaway, Vormittag. Wiggins, llabcniclu ,
Waggoner, Burns
Nays: None
Absent: Counci l Member Waldman
Motion carried and the public hearing opened .
All testimony was given under oath.
Director Merkel . Department of Community Dcvclopmcn~ providod proor or Notice or Public Hearing
which was published in the Englewood Herald on December 29, 1994 . He c.'q)lainod that this public
hearing is the culmination of a loag process or ,.vising the Comprchcosivc Zoning Onlinance n:lativc 10
Accessory Structures. In February, 1993. the Planning and Zoning Commission received
recommendations from the Board or Adjustment and Appeals. ,..hich had, in considering ,oarian.:cs to the
1.0ning ordinance pnr.isions, seen that a number or their cases repeatedly had the same kinds or problems
and it seemed there ... as• ,lCCd to change the ordinance to more consislcntly rcOcct community needs . At
the same time, there wore opportunities to better define and clean up some of the language in the
ordinance. The ?Janning and Zoning Commission conducted• Public Hearing on October 19, 1993, and
rro,,mmcndcd to the City Council that the proposed revisions be approved. The City Council received the
recommendation fm m the Planning Commission in early 1994 . Sc\"Cral study sessions on the proposed
revisions were held by Council, and in addition. a public forum..,.. held in July, 1994 . In response to
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some comments made duri ng the course of the forum , City Council remanded the issue or Accessory I
Structures to the Planning Commission for further considcrali~n. The issue was funhcr considered by the
PlaMing and Zoning Commission on October 4, 1994; the dctrrrnination""' made lhnt no funher
modification of the Accessory Structures proposal was nccdcd . ,)n Nov,:mbcr 21, 1994, Council passed
the proposed ordinance 011 fmt reading. and SCI the date for public hearing for January 17, 1995 . Mr.
Merkel explained that the propo<cd ordinance off en a number of alternatives that can be pursued in
determining which structures. in addition 10 the principal structure , will be allowed. He advised the
proposed ordinance \\ill allow !!2..!!!2!!1 ~ or tl,c following : I) an attached garage; 2) a detached
garage ; 3) a carport ; 4) an anached garage and a carport ; S) a detached garage and caiport; and 6) a
detached garage and an attached garage. At this time , a maximum square footage for a garage is 1,000
square feet ; the propo<cd ordinance will amend this restriction to reflect that lb• "combined" ma:<imum
total Door area or all garages and carports shall not exceed 1.000 square feet . Also , the maximum si,.c or
storage sheds is increased from I 00 square feet to I'° square rcct. Mr. Mcrl-.cl stated that only one "Other
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E■atew• CICy Cw■dl
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Aa:euory Structure" 'lball be pcraiaod. and aball coa{..,. ID lhc following "'(uiremcnts: a) shall be
locatcJ on lhc rear« side oCthe lac ; b) maximum local Door area will be 200 square feet ; c) maximum
height will not cxacd 12 feet : cl) minimum side yard will be 5 feet; and e) minlmum rear yard ,.;u be 5
feet.
In rcspolllC to Council Member Hathaway, Diroctor Mcrlu:I identified "Other" A=ssory Structures as
attached or detac'!lod suucturel tu( must -the UnifOIIII Bailding Code, i.e., ga7.tboo, playhousos, etc .
Don Seymour, 4750 South Lipoa Slrcct, noted he bu been a member o(the Board o( Adjustment and
Appeals for 20 yean. He stl'CSlod lhc nocd to lncn,ue the permitted siu: of storage sheds to meet the
needs of citi?.C.ns .
Council Member Hathaway asked if Mr. Seymour bu any rcscrvalioos about the proposed changes. He
stated he docs not .
Council Member Waggoner cataal imo tbc rooord a letter, daled May 1994 from Bill Friend, 3602 South
~.coma Stn:ct. in support o(the pr..,...i ordinance.
There being no one else present to speak to the issue. Mayor Bums asked for a motion to close lhc public
hearing.
COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO CLOSE IBE
PUBLIC HEAJllNG REGARDING CHANGES TO mE ENGLEWOOD MUNICIPAL CODE
REL.A TIVE TO ACCESSORY STRUCTURES.
Ayes: Council Membcn llalbn'I)', Vormittag. Wiggins, Hallcnich~
W""°"'r, Bwru
Nays: Nooe
Absent: Council Member Waldman
Motion carried and the public hearing ckaxl.
IO , Apprvnl OB Second RHdi•c
COUNCIL MEMBER HATHAWAY MOVED, AN!> IT WAS SECONDED, TO APPROVE ON
SECOND READING AGENDA ITEM 10 (a) AS FOLLOWS:
(a) ORDINANCE NO. I. SERIES OF 1995 (COUNCIL BILL NO. I), INTRODUCED BY
CO UNCILMEMBERHATIIAWAY). ENTm.ED:
AN ORDINANCE AMENDING TIIE RULES OF ORDER AND PROCEDURE FOR TIIE CITY
COUNCIL OF TIIE CITY OF ENGLEWOOD, COLORADO.
Ayes:
Nays :
Absent:
Motion carried .
Council Membcn Hatha,.ay, Vormittag. Wiggins , Habenicht,
Waggoner, Bwru
None
Council Member Waldman
11. OnlialJIUI, --ud MotioaJ
(a) Dira:tor Gryglcwicz presented a n:commcodalion from the City Clerk 's office to
approve, by motion, designation of the Englewood Herald as the legal newspaper for the City of
Englewood. He stated that the City bas budgeted $10,SOO for 1995 legal publications .
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Clcrlt Ellis ■dvilOCI lhal Ille COIi ol publicatian in Ille Eaglewood Hcr■ld bu not cbanscd liom last
year.
Council Member Hathaway diRIClcd staff 10 prcp■n: a compuali,-. analysis of publication rates for 1995
and annually lhcreafler.
COUNCIL MEMBF.R HABENICHT MOVED, AND IT WAS SECONDED, TO DESIGNATE THE
ENGLEWOOD HERALD AS THE LEGAL NEWSPAPER FOR THE CITY OF ENGLEWOOD.
Motion curicd.
Ayes : Council Mcmbcn Halbrway, Vormitllg. Wisgins. llabcnichl
W■-,Bums
Nays : None
Absent : Council Member Waldman
r~) Manager of Administrath-. Operations Kenhisnik pn:scnled a recommendation fr om
thc Dq,artment of A<!;oinistratM Scrvic:cs lo adopt I raoh1lioe tlllblishing the holidays lhc City of
EnglC\\ood shall obscn-. for 1995 . He identified lhc holidays u New Year's Day, President's Day.
Msmorial Day, lndcpcndcncc Day, Laber Day , VCICr.ln's Day. Thanksgiving Day , lhc Friday follo"fog
Thankstiving Day, Christmas Eve. Chrulm■s Day and New Yc■l:'s fa-..
The r,solution was assigned a number and read by tillc:
RESOLI.JJ'i(~' NO. I, SERIES OF 1995
A RESOLtmON ESTABLISHING THE HOLIDAYS THE CITY OF ENGLEWOOD SHALL
OBSERVE FOR 1995.
COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM 1 l(b) • RESOLUTION NO. I, SERIES 017 lffl.
Ayes : Council Members Hathawoy. Vonninag. Wiggins, Habcnichl,
Nays:
, Absent
Motion carried.
Waggoner, Bums
None
Council Member Waldman
(c) Cily Manager Clark prcocntcd a recommendation from the Cily Manager 's office iv
apprtl\-c a motion authorizing the City Manager 10 cnlcr into exc lusive negotiations W!!h Miller
Dcvelopmcnl lnc ./Ki1chell Dc\'Clopmcol Company lo pursue a dcvclopmcnl ag.-..:mcnl for the Cinderella
City si1e. He introduced Larry Fullcr1on.
Lany Fullerton, Project Manager, pfO\idcd a brief synopsis of the selection process . He emphasized 1h:,1
1hc City has been "incredibly fortunate " in thal a lerriflc group ol titiuns conlribulcd lhcir time, enc rl'Y
and 1alen1 O\'Cr thc past several monlhs 10 the process. He al!IO !hanked Cily stalT for 1hcir co nUibu1 ions .
Mr. Fullerton inlroduccd Sieve Mulhern. EnglC\\ood resident busincs:;man and Chairman of lhe Se lection
Committee .
SIC\·e Mulhern staled thal the members of the Selection Commillcc and Communi1y Advisr,y Group "'Crc
honored 10 be a par1 of thc selection process initialed by City Council. He introduced lhe DJCtnbcn of
each . Members o( !he Selection Committee, in addition to Mr . Mulhern (Englewood Urban Rcn r.wal
Aulhority) were City Manager Clark, Dirccto, olPublic Works Esterly , Director of Financial So n i a$
Grygl°"icz, Director of Community DC\'Clopmcnl MCJ\cl , Bill Coleman (Engl°"ood Do•ml0\111
Dc\•elopmcnl Aulhority), and Frank Rcmcs (citiun rcprcscnlative). Members of lhc Communily
Advisory Group were Jim Recs (Grcaler EnglC\\ood Chamber of Comn,crcc), Holli Baumunlc (South
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Ea ........ Clly Ceuacll
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Metro~ Cllambes ol'Coaunclce). I.any Nlabtt (l!qlewood l'llbllc Sdlooll), Bob Powell (Swedish
Medical Ceaa). Jim Brown (cilizal ~). Phil LDa:ro (ciaiml ,..,,..ac111ativc), Exccuth't
Dinoct« Malioowlkl (Englewood Housing AlOority), Pluniag Maliaistnlor Stitt (Community
Dc\'tlopmcnt), Eaviroamealll Savicel AdmiaisUat.ir Glazier (C--.ity Dcvdopmcat) ud Eileen
B)TnC (Eileen Byrne Associates Inc.). Mr. Mulhcm brie0y di!CWIICd the .,Jection pn,c:css ud the criterin
used to cvallllllc cltvdopen . lie mlcd it was the WWlimous aincllllion that Miller/Kitchel l will provide
the ncasnry leadcnhip and I d<vclopmcnl the City can be proud ol. Mr. Mulhern asked that
Millc,/Kitchell , as they take Englewood's future inlo U1ei r hands. IIOC do 10 just wilh the inlcnl of making
a deal . but uuly \\ilh the inlcnl o( malting. diil'aala:. He c:lmgtd City Council wilh lhc n:sponsibilily or
keeping lhc project on Lrack . Mr. Mulhern strongly urged Council to give Slaff the authority 10 procctd
with lhc dc\-cl,pmcnl process and ocxxpt the challenges 10 come .
Mr. Mulhern s,11td he would li~e 10 yie ld the Door to any oaembcr o( the Selection Commiucc or
Community A<hisory Group that would like 10 address Council .
Philip Luc:cr<. 3195 South Fox. Community Advisory Group member. oonlimltd his support of the
Miller/Kitctdl ck•c;opcn. He Slated they were willing lo \\'OR \\ilh his otnhsidc unity and 10
addrc.ss !heir concerns. Mr. Lucero Slated he reels the dc\'C lopmcnl ,.;11 be good for the oommunity.
P.itl Coleman. member of lhc Englewood Downtown Dc\-clopmcnl Authority, owner of Bany's Paint
Ce.ntc, at nos South Broadway and mcm a or tl;c Selection Commiu~ staltd be bas a lot of oonlidcncc
in lhc (C\'tlopmcnt team of Miller and Kj1.l,cll and he reels they br.-c Vision. He plaa>i lhc n:sponsibility
ror scang lhc proa:ss throu~h on Coon--il and City I~ Clatl<. Mr. Coleman staled 11131 a strong.
ncti ,'C business dc\-clopmcnt in the Cinderella City sile ,.;11 help lhc Broadway businesses as \\'tll as th e
City .
Mayor Bums asked if anyone else rrom lhc Selection Commi!ICC or Community Ad\isory Group wanted
to speak. TI.ere \\'35 no response.
Mr. F1tllcnon introduced Skip Mille r, representing Miller Dc\'tlopmenl Inc., and Charlie Byxbcc. of
Kitchell Dc\-clopmcnt Company.
Skip Miller. President and owner of Miller Dc\-clopmcnt Inc., Slated Miller and Kilchell arc honored and
c.mcmcly c.xcited about lhc projc:cl. He Slated that I.any Fullcrtoo did a woodcrful job ooordinating the
project and he acknowledged lhc efforts or the Selection Committee and lhc Community Ad,isory Group.
Mr. Miller expressed his belier that lhc Selection Cummittee made the right selection in choosing his
company and that Ibey arc capable in bringing abol~ lhc rodevelopulCIII. He SU'C$Std the importance or
the Cil)•'s im-oh'tmcnl in the project as he oonsidcrs this I uuly public/privale endeavor.
Charlie Byxbec. President orKitchcil Development Company, agn,td ,.;th Mr . Miller's comments and
compl,mcnted the oommiuncnt of the Selection Comminee and Community Ad\isory Group on pulling
0111 rcry thorough rcqUCSIS for proposal . csublishing a schdule, Slicking 10 1ha1 schedule and then
ns'li<ing a tim,ly decision . He fell ii was a my impressive proa:ss . Mr . B)'x bcc pledged thr. total
commiuncnt ar.d rcsourccs of the Kitchell Company 10 this project. He Slated he consioc'!-s this a very
significant and important opportunity. as he kno,o~ lhc Cindcrclla City pnopcny is a very important and
significant asset 10 lhc oommuruty . He ooocludtd by saying they arc looking fon,ard 10 worlting in
conccn ,.;lb lhc City and "making the project happe n."
Mayor Bums ■grotd lhal the project is imp,>rtant lo the oommunity. He ttanked Mr. Miller and Mr.
Byx bcc for their oommcnts and staled the City is looking forward 10 wooon,, , ith them on lhc project.
Council Member Hathaway asked 1ha1 Mr . Miller and Mr. Byxbcc introduce any other IClll.1 mombcn
present. Mr. Miller introduced John Loss and Wam:n Buettner.
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COUNCIL MIMll1£R VORMIITAG MOVED, AND IT WAS JOINTLY SECONDED ■Y THE
REST or COUNCIL, TO AIITBOIUU TIIJ: cn'Y MANAGI.R TO I.NTER INTO AN
EXCLUSIVE NI.GOTIATION PROCESS WITH MILLI.a DEVELOPMENT INC.IKJTCRELL
DEVELOPMENT COMPANY TO PURSUE A DEVELOPMENT AGREEMENT FOR THE
CINDERELLA CITY SITI..
Ayes :
Nays :
Ablcnt :
Motion carried.
Ccuncil Mcmbcn llllhl"'I)', Vonniuag. Wiggins, Habcaic:hl.
Waggoner, Bums
None
Ccuncil Mcmbtr Waldmon
Mayor Burns, on behalf t' Council , lhanlaxl Ibo Selection Committee and Community Achisory Group for
their dedication and dToru 011 behalf oCtllo Oty.
12. Gea,rol Dil<uuioll
(a) Mayo(s Choice
Mayor Bums did not have any mallers lo bring before Counci l.
(b) Coancil Mcmba's Cboia:
(i) Council Member Hathaway:
I. She offered a resolution commcoding the Selection Commiucc n:sponsible for recommending a
developer for the Ondcrclla City site .
The resolution was assigned a number and read by title :
RESOLUTI ON NO. 2, SERIES OF 1995
A RESOLUTION COMMENDING TilE SELECTION COMMITTEE RESPONSIBLE FOR
RECOMMENDING A DEVELOPER FOR nm CINDERELLA CITY SITE AND THANKING nm
COMMITTEE FOR TilE TIME AND EFR>RT TIIEY HA VE EXPENDED DURING TilE SELECTION
PROCESS .
COUNC IL MEMBt:R HATHAWAY MOVED, AND !TWAS SECONDED, TO APPROVE
AGENDA ITEM 12 (bXi)(l) · RESOLUTION NO. 2, SERIES OF 1995.
Ayes : Counci l Members Hathaway, Vormiuag, Wiggins, Haben icht.
Waggoner, Bums
Nai·s: None
Absent: Council Member Waldman
Motion carried.
l , She strongly enrour.igcd C\'Cf)'OOC 10 allcr.d lhc RID Board meeting, Tuesday night, January 17,
1995, 1600 Blake Stn:ct. 10 make their cona:ms known and Slrcss the imponancc or the light rail site 10
the City .
(ii) Counc:il Member Vormitu,g thanked lhc Selection Conuniucc and Com.11Wti1y
Ad,isory Group for all their dl'orts and oll'cr?d his appreciation for the time they dC\-otcd to the process .
(iii) Council Member Wiggins :
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E ■llcwoool City C-11
J ... aty 16, 1995
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I. He questioned lhe 1111111 of lhc Oun-Rile Kilchen buildlng pcrmll. Cily Manager Clark staled he
is won-mg on lhis, has asked Safety Scr;i ccs Dircc1or Slarllcy 10 follow-up oc •he silualion and will
prtr11dc Mr. Wiggins wilh an update.
2. He questioned whether it is ncccssary for Counci l lo discuss ambulance service relative 10 a
memo from Assistinl Cily Allomcy Broczman . Cil)• Manager Clark stiled lhal ii is his undcrstinding
1ha1 the Cily's procedures an: comx:t and legal .
(iv) Council Member Habcnichl cxpn:sscd her appn:ciation 10 lhe Community
Advisory Group and Selection Commincc for all !heir work . Mi. Habcnichl stiled she Is looking forward
10 a bright and exciting futun: for Englewood.
M Council Member w_, thanked cvc,yonc involved in the selection process
for lhcir efforts. He commcnled Iha! ii was an exciUng time when Cindcr<lla City was built and ii is
going 10 be another e.,citing time to sec it restructured and come to fruition again .
COUNCIL MEMBER HATIIAWA Y MOVED, AND ,~ WAS SECONDED , TO GO INTO
EXECUTIVE SESSION FOLLOWING mE CITY COUNCIL MEETING TO DIS CU SS A REAL
ESTATE MATTER
Ayes :
Na)~:
Absent
Motion carried.
13. City MaHgtr'1 Choice
Council Membc11 Ha1haway, Vormiltag, Wiggins, Habc nich ~
Waggoner. Bums
Nooe
Council Member Waldman
(a) Cily Manager Clark !hanked 1he mcmbc11 oflhc Communily Achisory Group and
Selection Commincc in assisting lhc Ci1y in lhe selection process. He stated staff is looking forward to
proceeding wilh lhc project .
I~ City Allo,,..y's Choice
Act ing City Anomcy Sem ple did not have any mallm to bring bcfor,: Council.
15. Adjournment
COUNCIL MEMBER HA mAWA Y MOVED TO ADJOURN . The meeting adjourned al 8:25 p.m.