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Home My WebLink About1995-10-16 (Regular) Meeting MinutesI I Ell ..... -.! Clly Council 0:tokr 16, 1995 .... 1 ENGLEWOOD CITY COUNCIL ENGLEW OOD , ARAPAHOE COUNTY, COLORADO Regular Sc11lon 0.1obtr 16, 1995 I. Call lo Order The regular mccling of the En glewood Cil y Cou ncil was called tc, •·ftcr by Mayor Bums al 7:33 p.m. 2. lnrncation 1nc invocation was gi· •1, by Council Member \V ·t:l ,,u.. Pledge of Allegiance TI,c Pledge of Allegiana: was led by Mayor Bwns. ~-Roll Call Present Abscnl: A quorum was present. Council Members Hathaway . Waldman . Wiggins. Habeni cht . Vonn iu.,g. Waggoner. Bums None Also prcse111: Ci1y Manager Clark c;,y AIIOnlC)' Bro1ZZ1s1n 5. Minutes Assisian1 10 the Cily Manager Grace Cil)I Clerk Ellis Manager Simpson, Neighborhood and Business Dcvclopn,cnl Director Gryglcwicz. Financial Scrvicx:s (a) COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE TIIE MINUTES OF THE REGULAR MEETING OF OCTOBER 2, 1995. Ayes : Council Members Hath.iwa y, Vormittn g.. Wiggin s, Habenicht . Waggoner. Waldman . Burns Nays: None Motion carried . 6. Sc heduled Visiton There were no scheduled visit ors . 7. Non-scheduled Visiton n,crc were no non-sc hed uled visitors. 8. Communications, Proclan1111it,,· 1 ,nd A1111ointmcn1S l:n&kwoocl Cily C°"h~I October 16, 1995 P•l<l (a) A proclai.1ilion declaring lhc week or<)ctobcr 23 through 29 , 1995 as Commun ity Policing Weck in lhc Cit ~· o1 H,1g1cwocd was cons idered . COUNCIL MEMBER t..AYHAWAY MOVED, AND IT WMi S&CONDED, TO PROCLAIM TUE WEEK OF OCTOBER J 'fl HIOUGII 19, 1995 AS COMMUNITY POLICING WEEK IN TUE CITY OF ENGLEWOOll Motion tarried. Ayes : Council Members Hathawa y, Vom1ittag, Wiggins, Habenicht , Waggoner , Waldman, Bums Nays: None 9. Public Hearing (a ) COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED , TO OPEN THE PUBLIC Hf.ARING TO RECEIVE CITIZEN INPUT ON A PROPOSED AMENDMENT TO THE KJ NG SOOPERSfTROLLEY SQUARE PLANNED DEVELOPMENT. Ayes : Counci l Members Hathaway, Vom1i11ag. Wiggins, Haben icht . Wa ggoner. Waldmnn, Burns Nays : None Motion carried and the publ ic hc.1ring opened. All lcstimony was gi\'cn under oa th Nei ghborhood :md Business Dc\'clopm cnl Man.igcr Simpson . prc5entcd for the record. Proor or Publication that notice or the publi c hearing was published in the Englewood Herald on September 2 1. 199 5. He c.,plained that this amendment proposes a retail pad site or approximately 2500 square feet to be located on the nonhcast comer or the King Soopm Planned Development located at Floyd and Brood\\'ll)'. Mr. Simpson staled lhat this pmpogl is a pcrmillcd use at this site, is compatible in terms of ,_,icrials \\ith tl1c c.xisting King Soopcrs Stores and was approved. \\i th conditions , by the Planning and Zo ning Commissi on on August 22 , 1995 . He ad\'iscd that the condition imposed by the Planning Co mmi ssion is that the Planned Dcvclopmcnl be modified lo climinale the brick planlcr box around the existing street trees . Additionall y. he nO{cd. the Pl anni ng Commission submits, as an option for Council's co nsideration . thnt the appli ca nt repl ace the four foot ,,ide strip or grass lhat protrudes inlo the South Broadway sidewal k wilh co ncrete in order to maintain the character of the sidewalk along South Broadway . Mr . Simpson stated that this amendment achic\'cs Council 's economic goals and staff recommends that Ci ty Council approve lhis resolution . ~t.,yor Bums qucstiol\( :J Mr. Simpso n as lo the location of lhe four foot ,,ide strip of gra ss . Mr. Simpson c.,1>laincd 1h.1t there is a proposed prolm sion of grass that would come out ri ght in front of the pad site directly 10 the cast and it creates a kind of .. jog·· in th e sidew:ilk on South Broadway. He stated that the Pl:mning Commi ssi on fee ls th.11 that docs not m.1 int..1in co nsi st ency in lhe sidewalk . Coun ci l Member Habc1!ic h1 asked . if th e proposed gross area is replaced ,,i th co nc ret e. will the grass be loca led som ewhere el se . She nolcd she is conce rned because th e indi ca ti on is thal the land sca ped arc..1 "i ll be incrc.1scd. ~l.'Ulagcr ~impson stated the area is probabl y less than 500 square feet of grass . In 1h.11 particular location he staled he agrees with the Planning Comm issio n recommendation 10 climin.1tc 1ha1 grrlS! 1rca. because it makes ii a little diffi cuh for pedestrian s and disa bled individuals usi ng that sidewalk . I I I I E■akwood City c .. ■dl October 16, I 995 P111tl Counci l Member Habenicht wondcr<d if it could be replaced with some other grass or landscaping. Mr. Simpson agr=I that would be wonderful but he was not sure. toni gbt , where that could be placed . He notc-d ~:il:. ct'uld be reviewed and m.1dc as n possib le condh ion Mayo r Bu ms asked why the brick pl ant ers were eliminated . Manager Simpson nol cd he was nol at th.11 hearing. but , as he undcntands it. they felt the plantcn \\oold not be keeping In chn<'IC:er. Counci l Member Waggoner asked how the right-<>f-way is addressed along •'1e south si de or Floyd A\'cnuc . He stated there is supposed to be a rcsc"'c strip for future Floyd A\'cnuc right-of-way. Mr . Simpson stated he bcliC\cs it is reserved on the drawin~, on the Planned Development itself. Council Member Hallenicht asked ii the elevation., on the drawing art suggcsicd elevations or the way th ey ,.;u be \\ith ,.;ndo,.~ on the north and south sides of the building as "~II as on the cast . Manager Simpson stated. as he understands Englewood's Planned Develo pmen t process, those arc the elevations t1'1t ,.;11 be built . Council Me mber W:1ldm .. 1n asked iflhcy \\i ll be sh.1 ring a co mmon bathroo m. Mr . Si mpson Sla ted there nrc two bathrooms prD\i dcd in the site pl nn. Council Membe r Waldman questio ned if the proposed pad site building will be noti o 'C/t ·u il us indicated or rcstauranl/n:.ta il. Mr. Simpson sai d th.1 1 the last he hca•" it v.'3.S going 10 be a B.1Sk.111 •Robbins and a Quiwo·s . Counci l Member Habeni cht asked how Council could phrase a condition that would rep h • 1ha t four feet of grass v.i th concn:1c. but ot the same time pl ace that landscaped area someplace el se on ~, • site . Co uncil Mem ber Wi gg ins asked Council Member Habenicht where on the propcn y she would suggest movi ng the grnss area . Ms . Haben icht sta led she ,,i ll lea ve that up to the Planners . landscape or architect ex perts. Council Member Hathawny pointed out th.at it states in number fi\'C of the nx:ommendation.~ from thr. Planning and Zoning Commission that even with the del etion of that four foot piOC"C of grass lhcrc is still a net increase in the total amount of landscaping on that si lc . Council Member Habenicht stated that when she suggested it. staff fell it was a good idea so she would lik e 10 pursue it. <:o uncil Member \Valdm .. 111 co mmented that. as he understands it. the Plan ned Dc\'clopm t "! .. t<-cts landscaping require ments. He agreed that ideall y it would be wonderful 10 find a pl ace 10 r1...-p l.icc th.11 grass stri p. However. he suggcslcd that staff work \\i th Sulli va n Hayes to iden tify a loca tion where thal may be possible el sewhere on th e site . ',ut not make it a requirement Ma yo r Bu rns stnlcd he \\OU ld support thnt , :1 s they m:1 y have trouble fin di ng another area for the grass . Coun ci l Member Hath.1way sl.it cd that Co un cil did that as considera tion of pan of 1he ori ginal Planned Dc\'clo pmenl which did nol incl ude tl;i.: :,ad site . She noted thi s is just a revision 10 the origina l Planned Development tha1 includes the pad sit t. ~ proposed . Th e original Planned Dc-.·elopment just shows this as :i future retai l site . Ms. Ha th.1way po inted out th.it the landscape requirements of the original Pl anned Dc\'clopment a rc still me t. Counci l Member Habc nich 1 suggcs1cd there mi ght be a possibilit y that the grass sec tion can be moved tmc k to all ow fo r the sidewalk . £aat<wood City Coua<II Octobtr 16, 1995 Pas,◄ Mayor Bum< commcnled llial 1hc landscaping is up aga inst lhc building and 1hc sod area docs not ba\-c sh rubbery o: ua:s. Manager Simpson agreed to work with Su.J li\'3.11 Hayes 10 determine another location for the grass area. Council Member Woggoncr asked, iflhe Ci1 y decides thal Floyd Avenu e shoul d be "idcned, ,.;1111ia1 lake away more landscaping and is th,11 n part or lhc required landscaping . Manager Simpson stated. in that inslancc , ii will lake away pan or 1hc required landscaping. Mayor Burns llSked if 1hc la1,Jscaping along 1h, north si~e would be alTccted if Floyd Avenue is~ or a turn lane is added Manager Simpson stat !d it would . Council Member Hath.1way s.1id there is a four fool side",o lk 1herc. su under lhosc circumslanCC> 1hc sidew.lk "'"'Id ha,-.10 move back . Dis,,ussion ensued. ~innagcr Si mpso n commc111cd that th is silc has additional futu re expansion possibi lit ies. Kaufman 's for example . At that time . additi ona.1 land.sca pin~ '"ithin and surrounding the area can be addressed. Counci l Member Habc.nicht stated she docs not undcrst.1nd why it is difficult to find c.wa space for l::mc!sca ping at this time and yet this si te m..iy be c.~p;mdcd at so me time in the future and add itiona.1 lands.::aping considered. Mana~r Simpson Sl31cd he docs not ha\'c an answer to her qucstion. which is ,, hy he is ~illing ,,, U)' 10 find another loe:1 tion for the grass . Council Member Ha.thaway sta led. in answer to Cou nci l Member Waggoner 's previous question. that 1hcn: was also a proposal 10 add some landscaping al lhc time lhcy lcar down 1hc Slrip 1ha1 included Ani ta's, if they do. indeed. tear it d®11 . She noted th.1 1, if the timing worts out :i :,d the right tum on Floyd becomes a reality al abou 1 the s.1mc time the stri p co mes do\\11 . the net difference in landscaping i1 not going to be much . Counci l Member Wiggins st.i tcd he is conccmcd that Council is putting restrictions on King S.JOPCrs. which the City wou ld like to encourage 10 rcm.1.in in Englewood and co ntinue to grow. and )'Ci the landscaping soulh and north on Brood"~l' is nil . He feel s lhe Cily is jamm ing lhc landscaping rcquin:mcnlS down King Soopcrs lhro:11. which he feels is ridiculous. He staled ii boggles his mind tha1 Cour-cil is gelling upsc1 m-cr 500 square feel or sod as lhc area already looks bcuer. Counci l Member Vonniu.1g st.11cd he agrees . Mayor Bums sta ted he thin ks Cou nci l has indicated they arc willing to be fl e>:i blc on thi s. Manager Simpso n stated staff will work directly \\il h Sulli van Hayes lo sec if the relocation <; the grass arc., can be acconunod.11cd . kno,,ing that the possibi lity may not exist. Car:-lyn Gruber. Vi er. President/General Counse l Y.i th Sulli\'an Hayes 8rokcra5e, speaki ng 1J11 behalf of th e app:!cant. subinillcd for the record the Ccnification or Post in g. In response to Mayo r Bums. Ms. Gruber ad\iscd lh.1 1 Qui1Jlo 's is :a poss ibilit y as lhcy arc very interested howe\"Cr. 1en.1nts for the pad h.we not been fi n.11izcd . 11 111.1y be 011c retailer or t\\u nnd probabl y food related . She indic:itcd that lhcy expect to Jia ,·e working dra\\ings on 1hc bu ildi ng done in the ncxl day or two and subm iucd by the end or 1hc week . Ms. Gruber stated th,11 they arc in the process or fin.1lil.ing lease documents. I I I I EoJ!<wood City Cou11<il October 16, 1995 P■&<5 Mayor Bums asked iflhc)• ,.;u prucocd with construction while they ar• oegoliating with tcnanl<. Ms. Gnibcr stated that is her cxpcctation . Jn response to Council l\1cmbcr Waldman. Ms. Gruber SL1tcd they may ha\'C one or two tcnanls , but not more than two. Council Member Vormil!ag asked that Ms. Gruber advise the City Manager when she lnows who the tc,umts ,.;11 be and that in tum Ci ty Manager Clark advise Cou11cil. Counci l Member tt..·h:m~y me111ioncd to Ms. Gruber that the Englewood Downtown Development Au thority (EDD A) ai,d their design consultant has reviewed this proposal and it mcc:ts all of their qunlifications . Ms . Hath:!.way advised that Lhc.rc \\'3S some concern on the pr. uf the merchants immediatel y across on Floyd A,·cnuc as they thought they were goi ng to be facod •ith another big brick wall. which 1hc designs ind icatt is not the case. CO NCIL MEMBER WAGC:•.lNER MOVED, AND IT WAS SECONDED, TO CLOSi: THE PUBLIC HEARING. Ayes : Co uncil Members Hathaway, Vom1ittag, Wiggins . Habeni cht , Waggoner. Waldman. Bums Nays: None Motion carried and the publ ic hearing closed. (b) COUNCIL MEMBER HA TBA WAY MOVED, AND IT WAS SECONDED, TO OPE N THE PUBLIC HEARING TO RECEIVE CITIZEN INPUT ON A PROPOSED AMENDMENT TO THE MARKS PLANNED DEVEWPMENT. Ayes : Council Member.; Hathaway. Vormittag. Wi ggins. Habenich~ Waggoner. Waldman . Bums Nays : None Motion carried and the public hearing opened. All testimony wns gi\'cn under oath. Neighborhood and Busin ess Dc\--clopmcnt Manager Simpson staled the applicant in this case is represented by Marl< Windhagcr for Trammell Crow Residential Services. Mr. Simpson submillcd. or the record. Proor or Publicauon that noti ce or the public hearing was publi shed in the Englewood Herald on September 21. 1995 He sta ted The Maries is a high density residential proje<.1 built in the late 1980 's. Generall y it has restricted access. because or its density. to the single fami ly resid :ntial neighborh<>ods to the nonh and west. Primary access to this project is loc.11cd at U.S. 285 at South Gilpin Street and then agai n at East Girard Avenue al South I.araycttc. This project is before Council p•imaril y due 10 the fact L',:ll staff was m.1 dc aware in l ')93 that The Marks Dc\·clopmcnt had been divii:!cd by sale into two lots and O\rn crship . Prcvi C'usl y, on e m..1nagcm ent compa ny was O\'crsccin g the leasing or thi s entire project He stated it 1s now The Marks :ind The Marks West managed by two different companies. The Marks We.st h.1s ind ic.ucd a uccd for an additional access i1110 their project area and this amendment is a recogniti on or th.1 1 rcque 'il. Mr . Simpson ndviscd th.1t th e Planning and Zoning Commission . c~, August 22 . 1995 , ap pruvcd th is Planned Dcv .:lopmcnt \\ith the cond ition that the City shall n:scn,c l11c right to c1<1SC th is access drl\'c in th e C\'C nt I) th.,~ their ga te is con1inuousl y open and not loop con Lrollcd or 2) thal the •low or traffi c on South L.1rayc t1e Street is nega tively imp.1c1cd a'i a rcsull or !hi s BCCCSS drive . He stated 1h.11 starT recommends that Council approve this Planned Ocvi:lopment with the condi tions as they stand . ta&lewood CUy c ... ac11 October 16, 1995 Pasc6 Council Member Habenichl asked irthc proposed new aa:ess will provide beucr aoccss for the Ci1y's fire and s.1lcly equipment 10 the dc\'clopmcnl. Mr. Simpson sta led it will. Ms . Habenicht asked if the Englewood s,,rc1y Services people reviewed 1his proposal. Mr. Simpscn stoled he believes lhcy have n. rcfcrrnls were mndc 10 all dcpanmcnts. Council Member Hnbeoichl asked. when lhc ~,le look place , If lhe Cily had lo act in any way 10 divide 11011 propcny. MaMgcr Simpsoo staled lhcy did . Ms . Habeniehl asked ir 1ha1 would not have hocn a more opproprialC lime 10 bring lhis issue 10 lhe Council . Mr . Simpscn said ii \loold have been, but at the lime or 1hc subdi,;si on in 1993 he docs not belie,~ I hey "~re beginning 10 reel lhc affects of potcnlial renlals going 10 The Marks ond not to The M1111<S West due 10 access inlo the si1c . II was still under one n-,nagcm•nl company sc they did not have lhc history by which to judge the issue. Council Member Halha"11y asked If this oompl e, is al ilS full build ou1. and wMthcr ani'lhing else "ill be added in 1hc fulure . ii was dclcm1ined lhal ii is al full build 0111. Council Member Wng,goncr st.1 1cd 1ha1 according to the plans this is an cnlrancc only. Mr . Simpson stated that is co rrect Mayor Burn s asked where 1hcy will exit. Mr. Simpson ad\'iscd they will ha\'c to circle around 10 the original c.1eit on South Gilpin or Girard . Responding to Mayor Bums. Mr. Simpson assured him thal there \\ill be no exit at lhis location . that it is only an .:ntmncc. Council Member Habenicht asked about the Cily's right 10 close the access dri\'c. She questioned how ii \\ill be determined that either of 1hc l\\1> prescribed conditions c.xist 111.11 allow lhc Ciry to c.~ercisc that right specifically that the g.11c is continuously open or 1Mt the now of traffic on south Lafayetlc Street is negali\'CI )' impacted. City Anomc)' Brotzm..1n responded th..11 those two co ndilion s ca me from th e Dcp.1nmcnt of Engineering . He s.1id if the gate is malfunctioning and stays ope n all the time. rather than closing after each car enters. ii ,,ill t'C an easy condition to de1 em1inc . Ms . Habeni cht asked that it be specified what constitutes .. staying open all the time. -whclher that means two months or as liHlc ..1s three cars. City Attorney Brou.man stated yes they can take care of lhat in the resolution . In response to Council Member Habcnicln . City Attorney Bro11man s.,id the other mallcr of negatively impacted traffic now on South Lafayclle S~:-cct will most likel y be determined by backup of cars . Ms . Habenichl said she feels 1his shou ld also be specified to protect 1he surrounding neighborhoods . Mr . Brotzman said he will talk 10 the Trame Dcp.1nmen1 about lhc m.,uer . Responding to Council Me mber Waggoner. Mr. Simpson st..1tcd 1hn1 the gate is controlled au1omatically when cars dri\'C up to it. Council Mem ber Waldman asked for clarifi catio n as to what cxlcnt the access ro.id will likely be used by the residents to get to their homes and whether ii will be used most onen as the most 3CCCSS iblc cnrrancc 10 the man .. 1gcmc111 office . Mayo r Burns suggested ..1110,,ing the perso ns who signed up to spc.tk 10 answe r 1hcsc questions . I I I I En.,...ood Oty CCNlacU Cklobcr 16, I 99S Pas,,7 Bl)'llll Thede, 1528 Easr Giranl Place, Divisional Mainlcnancc Coo rdinalor forTmmmcll Crow stale<! Trammell Crow has managed both pbucs of"Thc Mask• since 1hcy -.ere buill. They had IM> scparale owners bul have alwa ys openlle<I as one propcny . He advised 1lia1 the snle look place in November 1993 , bul al 1ha1 Lime 1hcy s1ill cominucd 10 n-,nage boU1 propcnies . Mr. Thede nole<I 1ha1 lhc new 01<11crs look managcmcnl in-house in May of this year and conscquc111ly Trammell Crnw has no control over the fronl office . Also. in order lo gel 10 lhc clubhou.,c where Lhcy do the leasing, people mUSI circ le all the way through Lhc propcny either from Laf1yc11e and Giranl or from Gilpin and Hampden . He staled Lhi3 is Lhc rc.'150 n 1hcy are rcqucsling Lhi>. Mr. Thede said they agreed Lo make Lhc access an entrance only as Public Worl<s is cona:me<I aboul lhc 1ram r. on Lafayeue. They arc just trying lo make ii easier 10 gd prospccts 10 1hcm because now they arc compcli ng again>I Kimberly Woods and The Marks. Mr. Thede feels they arc al a rnajo r econom ic disad\-anlagc because it is so difficult to get to their leasing office. In response to Council Member Hathaway. Mr. The.le sta le<! Lhal Trammell Crow still manages The Marks West. COW1ci l Member Waggoner contmcnle<I Lhal he hopes 1hc gale opcralcs fairly quickly as Lhcrc is not a lo< of storage room for 111lffic before ii would stan back ing ou1 onlo Lafaycne. Mr. Thede :imiscd Lhal U,cy will get the quk kcst one 3'-""ailablc on the market. He commcnlcd that the original design was kind of a qu ick 1um into the propcny. but Public Works made them lengthen it and bring it ou t a nd c.xtcnd it as much as 11,cy possibly coul d -.ith 1hc spoa: Lhcy had . Counci l Member Habcni c hl ask ed if lhcrc i~ uny slipulation. lhnt if al some time in the future they would both be managed by sa me entity or 1hc propc 1y would be brou ght toge ther into one . th.1 1 thal function \\l>Uld lllO'l'C in lo 1he property accessed from lbmpdcn and not acccsscd from Lafayet te . This she co mmcn1cd would pro1cct lhc neighborhood m th e fu1urc if it should cha nge again . City Auomcy Bro1 1.man stale<! 1ha1 if ii wcnl back 10 one piece of propcny 1ha1 would probabl y be an administrati1'c process . Council Member Habenicht askc.d about the po ss ibilily of t condition lhal this would be pcrmincd only as long ·· iris serving just th is one propc:ny. Co uncil Member Hathaway pointed out lhat logisti ~ty there is no way to access this propcny any other way other than tlli s ga te . She stated 1hat wh •:n you drh·c into that complex . C\·cn if it becomes a merged rom pl ex aga.in. there is sti ll 1hc rood system which exists inside of lherc whic h is not easy to follow . Conseque ntl y. she did not sec where ii would have any imp.,ct one way or the other dO\m the road if they merge back togeth er. They co uld just leave t b.; gate closed permanently at that point in time . but she comme rucd tha t she would co11si der th.11 an administrative decisio n on their p.1rt . Mr. Thede advised that th ey ag reed to put in stee l pol es at bo th sides of the drive with stee l loops to where Publi c Works co uld chain and lock thi s off at any time of their choosing if for any reason they wanted th is access closed. Cou nci l Member Wa ggone r co mmen ted thnl thi s will be much the sa me as the mid •way access between Girard and Floyd. Co un ci l Member Vormiu ag stn tcd he docs not sec a problem with thi s. Counci l Member Hathaway co mmen ted that the design seems 10 restrict access if )'Ou arc maltin g a left tum i111 0 this g.itc rerula1cd area which she reel s is good as th ere a rc si ngle famil y resi den ces on the west side . Eapood City Coucdl October 16, 1995 P•~• Mr. Thede S1Jlcd their sole purpose is 10 tr,• and bring the traffic from Hampden Sir.light around Lafayette, for approximately 120 feel. and then din:c~y in. He not<d they definitely do not want traffic e,iting at that point. They still want people 10 exit at the two locations where they have always exited. Council Member Hathaway commented that it docs pay ,111 en1ion 10 the fact that ii is a single family residential neighborhood across from there, which has always existed across from The Mam complex. She stated the residents in that an:a had very serious cona:rns when The Marta oomplex "1IS built in the first place. Ms. Ha1ru111,iy noted that area used 10 be in District I, ii is no longer, howC\-cr she has not heard any oomplaints in lNll area since 'The Marts "-c nl in . Mayor llums staled that area is in District II now, his District, and he has heard no complaints. Council Member Hathaway stated they did channel the traffic flow. She feels that adding the gal e Mil be beneficial to the residents of the complc.tC as well. not jUSI the Trammell Crow's business office. Mr. Thede: noted 11011 ""' other peopl e signed up 10 speak at the public heari ng, they arc also cmploi-ces of Trammell Crow. He Slated ifhc al\5\\'trx:d Cowtcil 's qucstiOl15 the othl!r two employees may not need to spcalc. Mayor Bwns inquired as lo whether they would like to and they decl ined. Mr. Thode submilled , for the nxmd. Certification o( Posting. COUNCIL MEMBER VORMITTAG MOVED , AND IT WAS SECO:•DED, TO CLOSE THE PUUUC HEARING. Ayes : Council Members Halha>1'1y. Vom1i11a g, Wiggins. Habenicht , Waggoner. Waldman. Bums Nays : None Motion carried and the public hea rin g closed . 10 . Consent A,:cnda COUNCI L MEMBER HATHAWAY MOVED, AND IT WAS SECOND"!:D, TO APP!.OVE CONSENT AGENDA ITEMS 10 (a) (i), (ii) and (iii) ON FIRST READING. (a) Approve on First Reading (i) RESOLUTION NO . 62 SERIES OF 1995 A RESOLUTION AMENDING THE APPROVED 199 5 BUDGET AND APPROPRIATING MONIES FOR THE CITY OF ENGLEWOOD , CO LORADO (ii) COUN CIL BILL NO . 68. INTRODUCED BY COUNCIL MEMBER HAlllAWA Y A BILL FOR AN ORDINANCE APPROVING SL'PPLEMEI-/T NO. 127 TO ll!E SOUTH GA TE SANITATION DISTRICT CONNECTOR'S fl 0~r'.:MENT WITH ll!E CITY OF ENGLEWOOD , COLORADO FOR ll!E IN CLUSIO N OF LAI :r., WITHIN ll!EfR DISTRICT BOUNDARIES . (i ii) COUNC IL BILL NO . 69. INTRODU CE D BY COllNC IL MEMBER HATI-I AWAY I I I tope,oood City Co1111dl Odokr 16, 199S ••&< ~ A BIIJ. FOR AN ORDINAN CE AUTilORIZING A RELINQUISHMENT AND GRAl'IT OF EASEMEl'IT AGRE EMENT BETWEEN THE ENSOR 'S AND THE CITY OF ENGEL WOOD . CO LORADO . Volt resultJ: Motio n carri ed . Ayes : Council Members Hathaway. Vorminag. Wiggins, Haben ic ht , Wa ggoner. Waldman. Bums Nays : None CO UN CIL MEMBER HATHAWAY MOVED, AND ITWAS SECONDED, TO APPROVE CON SENT AGENDA ITEMS 10 (b) (I) AND (li) ON SECOND READING. (b) App rove on Second Rending (i) ORDINANCE NO . 57 . SERIES OF 1995 (COUNCIL BILL NO . 6 1). INTRODUCED BY CO UNCIL MEMBER HATHAWAY AN ORD INANCE AMENDING TITLE 3, CHAPTER 8. SECTION I. SUB SECTIO N 6. OF THE ENGLE WOOD MUNI CIPAL CODE 1985 ENTITLED VOLUITTEER FIREFIGITTER 'S PENSIO N FUND . (ii) ORDINANCE NO . 58 , SERIES OF 1995 (COUNCIL BILL NO. 64). INTRODUCED BY COU NC IL MEMBER HATHAW A'{ AN ORDI NAl~CE APPROVING THE CONTRACT BETWEE N THE CITY OF ENGLEWOOD . DEPIJ\ThiF NT OF SA FETY SERVICES AND THE COLO; ADO DEPARTMENT OF TRAJ-.SPOP TATION . OFFI CE OF TRANSPORTATIO N SAFETY FOR FUNDI NG A LAW ENFORCE ME:--IT AS SISTANCE FUND (LEAF) PROG RAM IN THE CITY OF ENGLEWOO D. COLORADO . Vo ir rcsulls : Ayes : Co 1111cil Membe rs H:llhnwny, Vormi11,1g. Wigg ins. Habeni cht. Waggo ner. Wa lcim,111 . Bum s Nays: Non e Mouon ca rried . 11. Ordinanc es, Rcsolu li ons and Moti ons (a) Appro ve on First R~1d ing (i) Dircc lor Gryj,!.lcwicz prcsc rucd n reco mmendatio n from th e Dcpa nm cnt of Fin:mcial Se rvices 10 adop1 a bill fo r an ordinance establ is hing the 1995 Mi ll Levy ooll ccu::d in 1996. He noca: 1he Budgc l and 1995 Mill Levy collcclcd in 1996 were di scussed al Cou ncil S1ud y Sessions on Sept ember 18. 1995, Sc p1e mbc r 25 . 1995 and Oclobcr 9. 1995 . He Sla lcd 1lc11 lh c mill fo r General Operations is 5.880 mill s and 2.035 mill s for th e Communi1 y Center Debt. Mr. Gryglcwicz advised that a ho maiwner 11i 1h a $1 00,000 home in Engle11ood would pay $6 1.92 for General Fund Opera tio ns and S21.08 for Communil y Ccrucr Bond Fund. fo: a 101al of S83.00 . He said the Engle11ood Dowmown De\rlopment >.uthorit y's mill levy is sc~ a: 4.39 7 mill s. Ea&l<wood City Council Oclober 16, 1995 Pace 10 n,c City Clerk was asked 10 read the Council Bill by title : COUNCIL BILL NO . 65, INTRODUCED BY COUNCIL MEMBER HATHAWAY A BILL FOR AN ORDINANCE FIXING TIIE TAX LEVY IN MILLS UPON EACH DOLLAR OF THE ASSESSED VALUATION OF ALL TAXABLE PROPERTY WITHIN THE CITY OF ENGLEWOOD , COLORADO, AND EST ABLISHJNG A MILL LEVY FOR THE ENGLEWOOD DOWNTOWN DEVELOPMENT AUTIIORITY . COUNCIL MEMBER HA THA WAY MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (i) • COUNCIL BILL NO. 65. Ayes : Council Mcmt.ors Halha"~Y -Vonniung , Wiggins. ll.1benicht. Waggoner. Waldman . Burns N:iys : None Motion carried . (ii ) Director Gryglcwicz prcscnlcd a rcconuncnd:llion from the Dcpanm cm of Fi n.i ncial Services 10 adopt the I !196 Budget . The proposed budget . he noted . was discussed al the Se ptember 18. 1995. Sept ember 25. 1995 and October 9. 1995 Council Study Session 's. The proposed budget was amended for GolrCoorso r<p,1ymen1 s to the General Fund orS270 ,000 and increases in expenditures for a bookmobik dri\'Cr, fl owers. trainin g for the Board of Adjustment and Appeals and the Pl annin g and Zoning Commission and an increase for an enviro nmental personnel position . Al thi s time. th e unn:stricted ending fond bal ance for the Gene ml Fund is S-1 .207 .224 or approximately 19% or the General Fund totaJ l'C\'Cnucs. Council Mi:mbcr Hathaway asked. \\i th the reserves the City has. irthc City is still in compli ance \\i th Amendment I guidelines 31 th is po int. Director Gryg lewi cz stated we arc in compliance . (I) The City Clerk"~ asked to read the Coun cil Bill by title : COUN CIL BILL NO . 66. INTRODUCED BY CO UNC IL MEMBER HA THA WAY A BILL FOR AN ORDINA NCE ADOPTI NG TH E BUDGE:T OF THE CITY OF ENGLEWOOD , COLORADO . FOR THE FI SCAL YEAR 1996. COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED , TO APPROVE AGENDA ITEM 11 (,) (Ii) (I)· COUNCIL BILL 1'10. 66. Ayes : Co uncil Members Hathaway. Vormittag. Wi ggins. Habeni cht . Waggoner. Waldman. Burns Nays : None Moti on carried. (2) The City Clerk was asked 10 read the Coun cil Bill by title : COUNCIL BILL NO . 67, INTRODUCED BY COUNCIL MEMBER HATHAWAY A BILL FOR AN ORDIN ANC E APPROPRIATING MOKI ES FOR ALL MUNICIPAL PURPOSES IN TIIE CITY OF ENGLEWOOD . COLORADO. IN THE FI SCAL YEAR BEGINNING JANUARY 1. 1996, AND ENDING DE CEMBER 31. 1996, CONSTI TUT ING WHAT IS TE RMED TII E ANNUAL APPROPRI ATION BILL FOR THE FISCAL YEA R 1996 . I I I I En&)ewood Cily Council October 16, 1995 Page II COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (1) (Ii) (1) -COUNCIL BILL NO. 67. Ayes : Counci l Members H.athnway, Vonni1t.1g, Wiggins. Habenicht . Waggon er. Waldman . Burns N:iys : None Mo1ion carried . (b) ApprO\'C on Seco nd Rf.:a ding There were no additional i1cms submi11cd for app ro\'al on second reading . (Sec Agenda 11cm 10 -Consent Agenda .) 12 . Genual Discussion (a) Mayo ~, Choice l. Mayor Burn s tha nked all lhc \'Olun1ccrs who manned the hollinc during the stom1 emergency as th ey did an C.\;ccllcnl job. He sta ted there has been good feedback from th e citi zens on lhc Cily's response nnd the debri s cleanup. Also. he thanked the Council members who p.1rt icip..1 1cd . 2. Mayo r Bums thanked sL'lff for their work on the Golf Course Par 3 which ope ned last Saturday and he feels it is a wonderfu l addit ion to the Golf Course . He com111cntcd Ihm he feels the Ci ty has one or the finest facilities in the Stale or Colorado al this point. · (b) Council Member's Choice (i) Council Member Haben ic ht offered special thank s :rnd app rcci a1io n to 1hc Department orsare1y ScrYices. Marie Dymek . Nancy Peterson an d all th e peo ple who came fonh to conduct the Sarety Day Acti\,jtics. She stated lh cy did a wonderful job and ii was a great C\'ent . 13. Cit~· Manager's Rc1mrc (a ) Ci ty Manager Clark presented a Redevel op ment Repon on Cinderella Cit y. He stated that Equitab le has started removal opcrntions of the underground tanks adjacent 10 the fom1er J.C . Penney's automoli\'C store . They arc doin g lhis at their cost. He nolcd that Miller-Kitchell and Mercantil e a.re still t:1 lking and Mercantile is rC\,jC\,i ng Millcr-Kitchclrs perform:mcc . Negotiations arc continuing with Mcrcaniile with n:g.,rd 10 a possi~lc gin to the City . They arc still in the same posture . expressing some relu ctance to tak e a write-off on the property and to con\·ey the property fo r ultimate use by a potential competitor. He added that at the end of last week Montgomef)' Ward was st ill expressing so me reluctance to take a book \'a lue wri 1e-o ff as that comes out of their :issct ba se . (b) C ty Manage r Cla rk reco mmended th.1t Council go i1110 Excculi\'C Session immediately following the City(. ,unci l mee ting 10 di scuss a real cstme nmtter , th e real estalc matt er being th e ncgoliation procc• .. wilh both Equitable and Millc;r-K i1chcll . COUNCIL MEMBER HATHAWAY MOVED, AND ITWAS SECONDED, TO GO INTO EXECUTIVE SESS ION IMMEDIAT ELY FOLLOWING THE CITY COUNCIL MEETING TO DISCUSS REAL ESTATE CONCERNING CINDERELLA CITY. Ayes : Council Members Hathaway. Vormittag. Wiggins . Habeni ch t. Wa ggo ner , Waldman , Burn s E ■cJewood City Couacil October 16, 1995 Pa1t 12 Nays : None Molfon carried . 14 . City Attome,-'1 R,pon Ci 1y Anomcy Brot1J1uU1 did not have any mallcrs lo bri ng before Cou ncil . 15. Adjournment ?"MS MO"O,O ~O,M. Th<"'"""'";,..,""''"'· ~})~,1tf_ CioyClcri< I I