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HomeMy WebLinkAbout1989-05-15 (Regular) Meeting MinutesI I I. Ca 11 to Order ENGLEVOOO CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNl'Y, COLORADO Regular Sus1on Nay 15, 1989 The ret,1ular 111eettng of the Englewood City Council was called to order by Mayor Van Dyke at 7:36 p.m. 2. Invocation The invocation was given by Council Member Koltay . 3. Pledge of Allegiance The Pledge of Allegtance was led by Boy Scout Troop No. 92. 4 . Roll Call Present: Absent: A quorum was present . Also present: 5. Minutes Council Members Hathaway, Kol tay, Kozacek, Habenicht, Clayton, Van Dyke Council Member Byrne City Manager Fraser City Attorney DeWitt City Clerk Crow Director Wanush, Commun i ty Development Director Freeman, Financial Services Director Fonda, Utilities Director Waggoner, Public Works (a) COUNCIL MEMBER ICOZACEI( MOVED, COUNCIL NEJIBER KOLTAY SECONDED, TO APPROVE THE MINUTES OF THE REGULAR MEETING OF IIAY I, 198!1. Motion Ayes: Councll Members Koltay, Hathaway, Kozacek, Habenicht, Nays: Abstain: Absent: carried. Clayton, Van Dyke None None Council Member ByrnP. 6. Pre-scheduled Visitors EngllWOOd City Council M1nut11 Nay 15, 1181 -P111 2 There were no pr e-scheduled visitors. 7. Non-scheduled V1s1tors (a) Hrs. Eleanor Dunn informed Council that she wished to present the results f ~ research project concerning the closure of the alley between Lo• gan and PP~~s ylvania St~eets. She was encouraged to present that information during tl1e p11b1lc hearin<J. 8. C0111111n1cat1ons and Procluiat1ons (a) COUNCIL MEMBER HABENICHT MOVED, COUNCIL MEMBER CLAYTON SECONDED, TO ACCEPT THE "PLANNING FOR ENGLEWOOD PUBLIC LIBRARY SERVICES 1991-1995" REPORT FRON THE ENGLEWOOD PUBLIC LIBRARY ~-✓UORY BOARD. Ayes: Cou1•d 1 MP.,,,,P,,.s Koltay, Hathaway, Kozacek, Habenicht, Ch..:·t,•,,. , ... , O'fke Nays: None Abstain: None Absent: Council Member Byrne Motion carried . (b) COUNCIL MEMBER KOZACEIC MOVED, COUNCIL MEMBER HABENICHT SECONDED, TO DECLARE THE WEEK OF HAY 15 THROUGH 19, 1!189, AS "COLORADO WATER QW1LJTY IIWARE - NESS WEEK.• Ayes : Nays: Abstain : .".!>sent : Motion carried . Council Members Koltay, Clayton, Van Dyke None None Council Member Byrne Hathaway, Kozacek, Ha benicht, (c) COUNCIL MEHBER CLAYTON ROVED, MAYOR VAN DYKE SECONDED, TO PROCLAIM THE HOHTH OF JUNE, 1989, AS "RECYCLING MONTH.• Ayes: Council Members Koltay, Hathaway, Kozacek , Haben i cht , Clayton, Van Dyke Nays: None Abstain: None Absent: Council Member Byrne Motion carried . (d) COUNCIL MEMBER KOLTAY MOVED, COUNCIL MDIBER KOZACEK SECONDED, TO I DECLARE MAY 18, 1989, AS "FIDELITY AND DEPOSIT CotlPANY DAY.• I Ayes: Council Members Kol tay, Hathaway, Kozacek, Habenicht, Clayton, Van Dyke Nays: None Abstain : None Absent: Council Member Byrne Motion carried. It was explained that this proclamation had been requested as part of the celebration of Fidelity and Deposi• Comp any 's centennial year. 9. Consent Agenda I I Englewood City council N1nutes Nay 15, 1111 -P19e 3 (1) (b) Minutes fro111 the Phnntng and Zonl ,; AIX'•n15sion meeting of May 2, 1989 . Minutes froa the Englewood Urban 1-le newa 1 ,;uthority ,neet ing of May 3, 1989 . COUNCIL NEIIIER KOZACE!', MOVED, COUNCIL NEIIIER Ci11i'TOM SECONDED, TO ACCEPT CON- SENT AGEIIOA ITEIIS !I (a) THltOUGH (b). Ayes : Council Metllbers Koltay, Hathaway, Kozacek, Habenicht, Motion Nays: Abstain: Absent: carried. Clayton, Van Dyke None None Council Melllber Byrne ID. Public Hearing to Consider the Planned Developaent of SWed-ish Medical Center (SNC). Cl>UNCIL NEIIBEI ICOZACEIC. MOVED, COUNCIL NEMIEA CLAYTON SECOll>ED, TO OPEN THE "'UBLJC HEARIN&. Ayes : Nays: Abstain : Absent: Hotton carried. Council Me11bers Koltay, Clayton, Van Dyke None None Council Member Byrne Hathaw~y, Kozacek, Habenicht, Mayor Van Dyke advised the audience that It was Council's procedure to allow the applicant and all individuals in favor of the Planned Development to pres- ent testl1110ny f"••~t and that testimony cf those ·tndividuals oppo sed to the Planned Developm~nt would then be taken. All witnesses were duly sworn prior to testimony. Nike Cook, attorney representing Swedi s Medical Center, informed Council that a list of witnesses speaking on behal f of the Planned Oevelop11ent had been prepared and a copy supplied to e a r h Coun t <1 Member. Director Wanush, C011111un i ty De ~ upment, was requested to present pertinent data relative to the Planned Develop~ent . Mr . Wanush entered Into the record the following exhibits: City Exhibit A -Proof of Publication of Notice of Public Hearing which was published in the Englewood Sentinel, Apri l 27, 1989 . City Exhibit B -Certificate of Posting of the Notice of Hearing -Signs 1 through 12 . Hr. Wanush spoke briefly concerning the elements to be contatr.ed in the main carapus, bounded on the west by Logan Street, north by Girard fwenue, east by Clarkson, and south by Hampden Avenue: 1) construction of a medical office building, current l y under construc- tion, approximately 63,0DO sq.ft. to be connected to the existing parking lot En9ltWOOd Ctty Council Minutes Kay 15 , 1181 -Page 4 garar,t by an overhead walkway on Hainpden. This building currently meets all zoning requlrl'!llents. 2) construction of a renovated intensive care un i t and, at some point in the future, emergency facilities. This construction would not meet current I zoning, having only a J' setback fro~ existing property line. Zoning require- me nt Is a 15' setback. Council does have the authority to waive this provi- sion of the zoning ordinance. 3) construction of a par l ing garage with 600 spaces upon completion, first phase of which is for 300 spaces. This construction varies from the existing zoning ordinance: the Plan proposes an 11' setback on Logan Street · the require111ent is 15'; on Girard Av ~nue there is a 15' setback which would .,eet the first phase of construction (for 300 spaces), however, upon comp le- t Ion of 600 spaces, the requirement would be 20'. Council does have the au- thority to waive this provision of the zoning ordinance. Also, Mr. Wanush pointeJ out that near the alley being vacated, there is no setback at one roint, ~" it would be necessary to waive the 15' requirement. 4} ,tquest to vacate a portion of South Pennsylvania Street. The north portion n4 Pennsylvania would remain as a public right-of-way, the south por- tion wc,i.la be vauted to allow SMC to acquire ownership to the property for use as descr ibe~ in the Planned Development. 5) requ~st to vacate a portion of the alley between South Loga n and South Penn~ylvania Streets, .,llowing SMC the use of that land. Mr. Wanush pointed out the private residence of the Dunns on the west side of Pennsylvania and explained that by the v•cation of the alley portion i11111ediately behind the Dunn property, SHC and the Dunn r would each receive approximately 8 '. Additional exhibits entered 1nto the record by Hr. Wanush were: City Exhibit C -Application by Swedish Medical Center for Planned Development District, dated August 23, 1988 City Exhibit D -Maps and conceptual drawings of the Planned Developmeut, through 16, dated August 31, 1988 City Exhibit E • Staff Report, Case No. 14-88 City Exhibit F -Section 16.4-8 Englewood Municipal Codo 1985 setting forth requirements for R-3, High Density Residence District City Exhibit G -Section 16 .4-15 Englewood Municipal Code 1985 setting forth regulations of Planned Development (P.O .) District City Exhibit H -Official minutes of the Planning and Zoning Corrmission meetir •g of March 21, 1989, as approved by the Co11111ission City Exhibit I -Verbatim transcript of the March 21, 1989 meeting of the Engle1110od Phnr.lng and Zon:,19 Conn1ss1on City Exhibit J -Findings of Fact and Conclusions of the City of Engle - wood Planning and Zoning Corrmission I I I En9lllll00d City Council Minutes May 15, 1989 -Page 5 Mr. Wanush ri!viawed the standuds cont.lined in the City's zoning ordinance which were considered by the Conmlsslon and which are contained In the Find- ings of Fact (City Exhibit J). He then offered Information pro and con rela - tive to the Planned Development. Mr . Wanush responded to· various questions and concerns. Nick Roccafortt, Vice President of Operations and Corporate Development, Swedish Medical Center, enunierated ".e three main things being requested by SMC: l) vacation of alley portion, l) vacation of a street, and 3) approval of a Planned Development. Mr. Roccaforte expla i ned briefly the components of the Plan, and he explained the necessity of the various parts of the Plan. Hr. Roccaforte shared several slides of the proposed Plan and responded to various questions of Council . Entered into the record were the following exhibits: Swedish Exhibit A and B -slides showing the Planned Development and the Simplified Planned Developrwent . Swedish Exhibit G -a letter from James B. Irwin, a for11er pat ient at Swedish. The letter was read into the record. Swedish Exhibit F -A modification to the Planned Development was pres- ented and discussed. This modification showed SMC's willingness to close the entrance on Logan Street to the parking lot and the loading dock, that area north of Englewood Apartments and south of the parking structure to be land - scaped. The loading dock would be on Hampden Avenue. Mr. Roccaforte respond - ed to Council's questions about this version of the Plan. Swedish Exhibits E-1 through E-6 -slides showing the Williams property (Englewood Apartments) from various directions. The alley behind and north of the Williams property was discussed, and the possibility of eliminating the alley on the north side, with the alley from the south end in g in a hamerhead , was discussed . Swedish Exhibits 0 -1 through 0-5 -slides showing present access to the Dunn property. Mr. Roccaforte concluded this portion of his presentation by assuring Council that SMC wants to work with Council and with the cornnunity in an effort to get the project started. He requested that a hvorable dee is ion be made this evening. NAVOR YAN DYKE MOVED, COUNCIL MEMBER CLAYTON SECONDED, FOR A TEN MINUTE RECESS. Ayes: Nays: Absent: Motion carried. Counci 1 Member Kol tay, Hathaway, Kozacek, Habenicht, Clayton, Van Dyke None Council Member Byrne Englevood C1ty Council Ntnut11 11ay 1s, 1eae -,.,, e THE ~EETING RECONVENED AT 9:30 P.N. BY NOTION OF MAYOR VAN DYKE, SECOIIIED BY COUNCIL NEMBER KOZACEK, UNANIMOUSLY APPROVED, WITH SIX MEMBERS OF COONCIL PRESENT. Hr. Roccaforte offered additional Information and entered into the record: Swedish Exhibit C -slide showing the walkway from the parking structure to the building which passes the Dunn property at a level lower than the yard level of the Dunn property. Robert E. Leigh of Leigh, Scott & Cleary, Inc ., stated he had been retained by SHC to perform a traffic impact analysis and he offered: 1989. S~iedish Exhibit I • his resume Swedish Exhibit J -Traffic Impact Analysis dated September 2, 1988 Swedish Exhibit K -an addendum to that Analysis, dated October 14 , 1988 Swedish Exhibit L -Alternative Access Plan Analysis , dated Apr l I ,~. The contents of these exhibits were discussed. Mr. Leigh exphlned various points of th~ analysis in response to Council's questions. He then ,ffered: Swedish Exhibit W -Traffic Volume Diagrams, whicti were questioned and discussed. Dan Gul110nd, Vice President of Hammer, Siler, George Associates, an economic consulting flr11 retained by SMC to evaluate the economic Impact ,,f SMC upon the conrnunlty, entered the following exhibits into the record: Swedish Exhibit H -Hanrner, Siler resume Swedish Exhibit N -Economic Impact of Swedish Medical Center on the City of Englewood, dated Hay 1989. Swedish Exhibits 0-1 through 0-12 -slides portraying the contents .,r Extiiblt N. Mr . Guimond introduced to Council through those slides the various ways the corrmunity of Englewood would be affected by ttie Planned Development_ "ax Scott, Oedipus, Inc., Boulder, Colorado , expla i ned his firm had been re• tained by SMC to conduct an opinion poll, which he offered as: Swedish Exhibit P • Opinion Poll Survey Results dated Hay 15 1 1989 Swedish Exhibits Q·l through Q-6 -slides enumerating the contents of Exhibit P. I I I I Englewood City Council Minutes Nay 15, 1119 -Page 7 Hr. Scott htghl ighted the contents of the survey results, using the various slides, which showed a high percentage of Englewood citizens in favor of the various components of the Planned Develop111ent and vacations of the alley and the street . B111 Keller, Robinson Keller Engineering, offered Information relative to the parking requiretnents and reviewed the existing and proposed parking situa- tions. He e,tered for the record: Swedish Exhibit V -Parking Study Georgine Shelden, 6956 South Olive Way, Englewood, offered testimony as a mem- ber of the nursing staff of SHC. She stressed the inportance of the renova - tion to the Intensive Care Unit and urged Council to make a favorable decision . Howard llcGregor, representing the Greater Englewood Chamber of .:o,fl!lerce, of - fered for the record: Swedish Exhibit R -Resolution adopted by the Greater Englewood Chamber of Co11111erce supporting the Planned Development, said Resolution dated May 12, 1989. Bob Glllesby, N.D., 950 E. Harvard Avenue, r.~r.ve1· Dr. Gillesby stated his affiliation with Swedish Medical Center and f',, t ., llemorlal Hospital; he is a member of SMC Board of Directors and a niember of Sw~d1sh's ICU Adv i sory Com- mittee. He stressed the need for Improvements to the ICU and encouraged a favorable decision. Harris Conn, Chairman of the Board of Trustees, Swedish Medical Center . Hr. Conn explained that SMC is a co1T111unity hospital serving Englewood and the com- munity and that SMC wishes to continue to provide quality 11edical services. He stressed the need for SHC to remain modern and competitive in order to sur- vive as a community hospital. Mr . Conn responded to inquiries concerning operating procedures of the hospital. Denny O'Maller,, President, Craig Hospital. Mr. O'Malley spoke in favor of the Planned Deve opment, explaining how important the ICU is to Craig. He stressed how important the completion nf the various projects is to the future of SHC and Craig. Patrich Merci:, Vice President and Gen al Counsel, Swedish Medical f.enter, offered closing remarks regarding the Pla nned Development . She read ,'l d en- tered into the record: Swedish Exhibit H -letter of support from Chris Paulson, State of Colorado Representative froM this District . Ms. Merck spoke about the efforts made by SMC to reach amicable resolution concerning the Dunn properties. As evidence of those efforts, Ms. Merck en- tered Into the record: EngltwOOd City Council Minutes May 15, 1989 -Page 8 Swedish Exhibit S -Authorization of Homer P. and Eleanor C. Dunn naming Stanley A. Williams negotiator in their behalf for the sale of their two prop- erties, said authorization dated April 17, 1989 Swedish Exhibit T -Counter proposal from Creamer and Seaman, dated April 27, 1989, stipulating terms and conditions of proposed sale of all three par- cels of land to SHC (3419, 3430 South Pennsylvania, 3470 South Logan) Swedish Exhibit U -Letter dated April 28, 1989, from SMC accepting the counter offer . Ks. Merck advised Council that the Dunns had decided not to proceed with the sale; further as SMC was desirous of proceeding with the project, they did not Intend to litigate the matter. Ms . Merck urged Council to assess and consider what would be In the best interest of the majority of Englewood's citizens and to approve the application for the Planned Development. Mayor Van Dyke asked if there were others present who wished to speak in sup - port of the Planned Developme11t. There was no response, Mayor Van Dyke then Invited those opposed to the Planned DeveloJ)llll!nt to enter testimony. Eleanor Dunn, 3419 and 3430 !;outh Pennsylvania Street. Mrs. Dunn informed Council that Mr. Creamer (~Namer and Seaman, Law Offices) was not their lawyer or legal counsel; also , there was concern about what was really being offered or stipulated. She also Informed Council that she and Kr. Dunn do not approve of the street closure or the alley vacation. She reported on an opinion poll concerning the street closure which was published In the Engle- wood Sentinel; 56 "Don't Close the Street" votes were received. She adv i sed Council that SMC had requested their employees to also participate in a simi- lar opinion poll with these results: 53 "Close the Street " votes; 11 "Don't Close the Street" votes; and 12 "Should Go to a Vote of the People" votes. She was of the opinion that SHC had advised their employees how they should vote . Therefore, she was of the opinion that the research was valid, but that the results were not. Mrs . Dunn entered Into the record: Dunn Exhibit l -copy of SMC's letter to their employees requesting them to participate in an opinion poll. Hrs. Dunn referenced an article which appea~ed in the RockJ Mountain News on November 11, 1988, concerning highways with the mG st accidents. The article Indicated that there had been almost 400 accidents on Hampden Avenue from Franklin to Broadway with the majority of them being at the intersection of Hampden and Logan . She expressed the opinion that addi'.ional traffic at Logan and Hampden, resulting from the Planned Development, wotJld only make the mat- ter worse. Stanley lltlltuis, 8663 East Monmouth Place, Denver, and owner of Englewood Apartments at 3470 South Logan Street. He advised Council that originally he had planned to make a statement against the Planned Development; however, in view of the changes being proposed to the Plan as contained tn Swedish Exhibit I I I I EnglalllOOd Ctty Council Minutes Nay 15, 1919 -Paget F, he felt those changes appear to solve some of the problet11s he had been an- t lctpat Ing In the original Planned Oeveloptnent. He enu111erated several sec- t tons contained In Section 16-4-8, Englewood Municipal Code 1985, concerning R-3 H1gh Density Residence Districts. He provided Council with copies of a handout showing aerial photos and photographs of the are.1 in general and of the area surrounding the Will lims property specifically (Englewood Apart• ments). A copy of the handout was entered into the record Identified: WtlllM!S Cxhiblt 1 • Handout (described above) Hr. WtlllMs expresied disappointment that It had not been possible to nego- tiate ~"rcessfully so that Swedish could gain control of the entire area boundao t,, the Planned OeveloJ)IIN!nt. However, as that Is not possible, he stressed ,he need for appropriate landscaping and buffer area around the apartment building. He felt it 1s his responsib11 lty to make sure that the residents are pr otected and that the property values are not reduced because of the p·,c1 :1. Mr. Williams stated he was willing to withdraw his objections If the alterr.d Plan being proposed by SNC (Exhibit F) was sincere. He could only withdraw his objections 1f the landscaping were to be done properly. further discussion ensued relative to the density and height of the landscaping; dele- tion of the east/west alley; entrance Into the parking lot from Logan Street. Hr. W111 1aMs conflnned that his major concerns would be ellMlnated by the e11 - m1natlon of the east/west alley. Mr . Williams was assured that SHC would have to comply w1th whatever a111endments Council would make to the Plan. Mayor Van Dyke asked if there was rebuttal by the applicant of any co11111ents made 1n opposition to the Planned Development. Hr . Roccaforte took that opportunity to inform Council that Swedish Medical Center is ready and willing to make any concessions, modifications, etc ., that Council may deem proper. However, they are requesting that a decision be made this evening. COUNCIL "ENBER KOZACEJC "OVED, COUNCIL "E"BER CLAYTON SECONDED, TO CLOSE THE PUBLIC HEARING. Ayes: Council Members Koltay, Clayton, Van Dyke Nays: None Abstain : None Absent: Council Hemb ~r 8yrne Hotton carried; Public Hearing closed. Council with six members present, one member absent. 11 . Ordinances, Resolutions and Motions Hathaway, Kozacek, Habenich t , resumed its regular sess 1on (a) The reconnendatlon fron the Pl1nnlng and Zoning Cona1sston to adopt a resolutio;i approving the Planned Development for Swedish Medical Center was considered. The Resolution was assigned a number and read by title: RESOLUTION NO. 30, SERIES OF 1989 Englewood City Council Minutes Nay 15, 1989 -Page 10 A RESOLUTION ADOPTING THE FINDINGS, CONCLUSION ANO DECISION OF THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, REGARDING THE PLANNED DEVELOPMENT BY SWEDISH MEDICAL CENTER OVER THE NEXT FIVE YEARS. COUNCIL MDIIER KOLTAY MOVED, COUNCIL NEN8ER CLAYTON SECONDED, TO APPROVE RESOLUTION NO. 30, SERIES OF 1989. Council Member Hathaway offered sepante amendments to the Planned Development of Swedish Medical Center as incorporated In Resolution No. 30, Serles 1989, as follows: COUNCIL NEMIIER HATHAWAY NOYED, COUNCIL NENIER CLAYTON SECotllED, THAT A PROVISION IE ADDED TO THE SWEDISH MEDICAL CENTER'S PLANNED DEVELOPMENT THAT THE PMICING LOT ACCESS ON LOGAN STREET IE MAINTAINED WITH THE CONTINUATION OF THE RESTRICTION THAT ONLY PHYSICIANS WILL IE USINI THAT PARTICULA~ ACCESS TO THE PARKING STRUCTURE AND THAT IT HAYE A RIIKT TURN-IN AND RIIKT TURN-OUT DESIGNATION ONCE IT IS CONPLETEO. After discussion, the motion was withdrawn. COUNCIL MEMBER HATHAWAY MOVED, COUNCIL MENIER CLAYTON SECONDED, THAT CITY COUNCIL ACCEPT THE COll>ITIONAL APPROVAL OF SWEDISH MEDICAL CENTER'S ALTERNATIVE PLANNED DEVELOPMENT WHICH IS OUTLINED AND IDENTIFIED AS EXHIBIT F. Ayes: Council Members Koltay, Hathaway, Kozacek, Habenicht, Clayton, Van Dyke Nays : None Abstain: None Absent: Council Member Byrne Motion carried, and the first amendment to the Planned Development was approved. COUNCIL NENBER HATHAWAY MOVED, COUNCIL NENBER CLAYTON SECONDED, TO HAKE A PROVISION IN SWEDISH MEDICAL CENTER'S PLAMNED DEVELOPMENT THAT WE NAJNTAIN THE PARKING LOT ACCESS, CURRENTLY EXISTING ON L06.V., CONTINUE TO RESTRICT THAT ACCESS TO PHYSICIANS ONLY USING THE PARICINQ GARAGE STRUCTURE, WITH AN ADDITIONAL PROVISION THAT A RIGHT TURN-IN AND A RIGHT TURN-OUT DESIGNATION BE ADOED TO THAT PARKING LOT, Ayes: Council Members Koltay, Hathaway, Clayton, Van Dyke Nays: Council Members Kozacek, Habenicht Abstain : None Absent: Council Member Byrne Motion carried, and the second amendment to the Planned Development was approved. COUNCIL NENBER HATHAWAY MOVED, COUNCIL MEMBER KOLTAY SECONDED. IN THE SWEDISH MEDICAL CENTER'S PLANNED DEYELOPNOO THAT THE EAST/WEST ALLEY WAY THAT EXISTS BETWEEN LOGAN AND PENNSYLVANIA, ACCORDING TO THE PLAN, BE DELETED; AND FURTHER THAT THE NORTH/SOUTH ALLEY WAY HAVE A HANNERHEAD END ON THE NORTH END. Ayes: Council Members Koltay, Hathaway, Kozacek, Habenicht, Clayton, Van Dyke Nays: None I I I I Englewood City Council Nlnutts Illy 15, 1989 -Page 11 Abstain: None Absent: Council Me~ber Byrne Motion carried, and the third 111endlllent to the Planned Develol)llent was approved. COUNCIL MENIER HATHAWAY NOvm. COUNCIL MENIER HA:i.£ldCKr SECliHOro , THAT THE PLANNED DEVELOPMENT OF SWEDISH MEDICAL CENTER BE R~iWI .fO TO PUT IN A HIGHER DENSITY ANO HIGH LANDSCAPING ALONG THE NORTH~~ VJ l lANS' ENGLEWOOD APARTMENTS NII THAT THE VHDSCAPJN& BE INST : I.Hi • ~ JL TANE:OUSLY WITH THE GARAGE CONSTRUCTION. After discussion, the 110tion w1s withdrawn. COUNCIL NENIER HATHAWAY NOVm, COUNCIL NOIIER IIAIDIICHT $ECOfl>ED, TO ADD A PROVISION TO THE swm1sH MEDICAL CENTER'S PUNNED DEVELOPMENT THAT THERE IE HIGHER DENSJTY NII HIGHER LNIISCAPJNG ALONG THE NORTH SIDE OF WILLIANS' EN&LEVOOD APARTMENT BUILDING TO IE PUT IN SJNULTANEOUSLY WITH THE GARAGE STRUCTURE, VJTH THE ADDITIONAL PROVISION THAT THE LANDSCAPING STRIP BE AT LEAST FIFTEEN FEET (15') IN WIDTH AND THAT IT USE A GOOD CONCENTRATION OF E'I ERGREEN ANO HIGH DENSITY FOLJA&E. ,\yes: Council M~bers Koltay, Hathaway, Kozacek, H1benlcht, Clayton. Van Dyke Nays: None Abstain: None Absent: Council Menber Byrne Mot1on carried, and the fourth amendment to the Planned Development was approved. COUNCIL NENBE.R HATHAWAY NOYED, COUNCIL MEMBER HABENJCKT SECONDED, TO ADD A PROVISION TO THE SWEDISH MEDICAL CENTER'S PLANNED DEVELOPMENT THAT THE CURRENTLY OPEN AREA ADJACENT TO THE LOADING DOCK AREA, WHICH BOARDERS THE LOGAN ACCESS PARKING LOT BE LANDSCAPED, THE AREA AROUND THE IWINERHEAD CLOSURE OF THE ALLEY BE LANDSCAPm. After discussion, the motion was withdrawn . COUNCIL MENIER CLAYTON NOVED, COUNCIL MEMBER HABENICKT SECONOED, THAT THE AREA THAT PRESENTLY IS A PARKING LOT NORTH OF THE WILLIANS PROPERTY THAT IS NOT usm FOR THE ENTRANCE/EXIT AHO THE HAMMERHEAD TURN FOR THE ALLEY BE LANDSCAPED. Ayes: Council M~bers Koltay, Hathaway, Kozacek, Habenicht, Clayton, Van Dyke Nays: None Abstain: None Absent: Council Member Byrne Hot ion carried, ind the fl fth amendaent ~, the Phnned Developnent was approved. COIIICJL MEMBER HATHANAY NOYED, COUNCIL 11811,1;.il KOLTAY StCllll>ED, TO ADD A PROVISION TO THE SWEDISH MEDICAL CENTER'S PLANNED DEVELOPMENT THAT THE AREA ALONG THE NORTH END OF THE VEST DlNC PROPERTY ADJACENT TO THE NORTHERH ACCESS OFF PElllSYLVANIA TO THE PARKING STRUCTURE BE HEAVILY LANDSCAPED; ADOITIONALLY Englewood City Council N1nutes Nay 15, 1989 • Page 12 THAT THE WIDTH OF THAT LANDSCAPING BE AT LEAST TEN FEET ( 10'). l'H E .ll llOVE LAND5CAP1NG SHOULD NJTl&ATE ANY VEHICULAR TRAFFIC CR PEDESTRIAN TRAFFIC THAT MAY HAVE AN ADVERSE AFFECT ON THAT PARTICULAR DUNN PROPERTY . Ayes : Council Members Koltay, Hathaway, Kozacek, Habenicht , Van I Dyke Nays : Counc i l Me111ber Clayton Abstain: None Absent: Council Member Byrne Mo t ion carried, and the sixth amendment to the Planned Development ~as approved . COUNCIL MEMBER HATHAWAY NOVEO, MAYOR VAN DYKE SECONDED, TO ADD A PROVISION TO THE SWEDISH MEDICAL CENTER'S PLANNED DEVELOPMENT THAT THE PARKING LOT IN FRONT OF THE BUILDING· THE 14 SPACE LOT, IE DESIGNATED AS OUTPATIENT VALET OR HANDICAPPED ONLY. Ayes: Council Melllbers Hathaway, Kozacek, Habenicht, Van Dyke Nays: Council Member Koltay, Clayton Absta i n: None Absent : Council Member Byrne Mot i on carried, and the seventh amendment to the Planned Developme nt was approved. COUNCIL MEMBER ICOZACEK NOVED, COUNCIL NEMBER HATHAWAY SECONDED, THAT SWEDISH MEDICAL CENTER BE REQUIRED TO PAY FOR ALL RELOCATION OF THE POWER LINES PLACING THEM UNDER GROUND, DO ALL PERTINENT HOOKUPS TO THE RESIDENTS IN THE AREA. Ayes : Counc i l Members Kozacek, Van Dyke Nays : Counci l Member Koltay, Hathaway, Habenicht , Cl ayton Abstain : None Absent: Council Member Byrne Mot i on was not approv ed . COUNCIL MEMBER KOZACEK NOVED, COUNCIL MEMBER KOLTAY SECONOED, 111AT SWEDISH MEDICAL CENTER BE REQUIRED TO ADD A STREET LIGHT AT GIRARD/PENNSYLVANIA INTERSECTION TO HELP CONTROL TRAFFIC FLOV IN THAT AREA, VHEN WARRANTED. After discussion, Council Member Ko l tay wi thdrew hi s second to the mot i on; the motion died for a lack of a second. COUNCIL MEMBER KOZACEK NOVED, MAYOR VAN DYKE SECONDED, TO REQUIRE SWEDISH MEDICAL CENTER TO PAY FOR A TRAFFIC LIGHT TO BE ADDED AT THE INTERSECTION OF GIRARD AND PENNSYLVANIA WHEN WARRANTED BY THE TRAFFIC ENGINEER. After discuss i on , the mot i on was wi thdrawn . COUNCIL MEMBER HABENICHT MOVED, COUNCIL MEMBER CLAYTON SECONDED, THAT SWEDISH MEDICAL CENTER ASSUME FINAL RESPONSIBILITY FOR THE INSTALLATION OF ANY TRAFFIC DEVICES THAT NEED TO BE NADE AS A RESULT OF THE PLANNED DEVELOPMENT NOW OR AS IT IS DEVELOPED IN THE FUTURE WHEN JARRANTED. After discussion, the motion was wttndrawn . I I I Engl_. Cit)' Council NtnutH Nay IS, 1919 -Pat• 13 Cou~cil Member Koltay called for the question on the original 110tion to appr~ve Resolution No. 30, Serles 1989, acceptlr.g the Planned Develop11ent of Swedish Medical Center as amended by the aforementioned seven U1end11ents. Vote results: Ayes: Nays: Abstain: Absent : Hotton carried. Council Metabers Koltay, Clayton, Van Dyke None None Council Member Byrne. Hathaway, Kozacek, Habenicht , (b) The reconnendatton from the Planning and Zoning Conrnission to adopt a bill for an ordinance approving the right-of-way vuation of I portion of the alley between South Logan and South Pennsylvania Streets In conjunction with the Swedish Medical Center Planned Development was considered. Council Member Clayton asked the Clerk to assign an ordinance number and read Council Bill No . 23, entitled: ORDINANCE NO. 20 SERIES OF 1989 COUNCIL BILL NO. 23 INTRODUCED BY COUNCIL MEMBER CLAYTON AN ORDINANCE VACATING THE RIGHT-OF-WAY FOR THE NORTH 375 FEET OF THE ALLEY LOCATED BETWEEN SOUTH LOGAH AND SOUTH PENNSYLVANIA IN THE 3400 BLOCK, CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO . COUNCIL MENIER CLAYTON MOVED, COUNCIL MENIER KOLTAY SECONDED, TO APPROVE ON FINAL READJN& ORDINANCE NO. ZO, SERIES OF 1989. In response to a question posed by City Attorney DeWitt concerning acceptance by Swedish Medical Center of the Planned Development u a1111nded by Council, Hr. Nick Roccaforte, Vice President of Corporate Developraent, speaking on be- half of Swedish Medical Center, Informed Council that Swedish Medical Center would accept the seven amendments to the Planned Develop11ent which were ap - proved by City Council. Hr. Roccaforte assured Council that he had the au- thority to accept the amended plan . Vote results: Ayes: Nays: Abstain: Absent: Hotton carried. Council Members Koltay, Hathaway, Kozacek, Habenicht, Clayton, Van Dyke None None Council Member Byrne . (c) The recommendation from the Planning and Zoning C011111ission to adopt a bill for an ordinance ilpproving the right-l'f -way vacation of a portion of the 3400 block of South Pennsylvania as part of the Swedish Medical Center Planned Development was considered. Council Member Clayton asked the Clerk to assign an ordinance number and read Council 8111 No. 24, entitled: ORDINANCE NO. 21 SERIES OF 1989 COUNCIL BILL NO . 24 INTROOUCED BY COUNCIL MEMBER CLAYTON Englewood Clt1 Council Minutes Nay 15, 1989 -Page 14 AN ORDINANCE VACAT ING THE RIGHT-OF-WAY FOR THE ~r:1JTH 366 .10 FEET Of THE 3400 BLOCK OF SOUTH PENNSYLVANIA STREET IN THE CITY or ~~GLEWOOO, COUNTY OF ARAPA- HOE, STATE OF COLORADO. COUNCIL NEJIIER CLAYTON MOVED, COUNCIL ~EMBER KOLTAY SECONDED, TO APPROVE ON FINAL READING ORDINANCE NO. 21, SERIES r F 1989. Council Ne111ber Hathaway explained she would be vr.t ,ng in opposition to the closure of South Pennsylvania Street. Vote r~sult~: Ayes: Council Members Ko1tay, Koza~~k, Habenicht, Clayton, Yan Nays: Abstain: Absent: Motion carried. Dyke Council Member Hathaway ~one r:, •1 cil Member Byrne. (d) A reco11111en ct ~tion from the Department of Fi nance to adopt a resolu- tion awarding the con • .,,ct for purchase of special assessme1 1 t bonds for Paving District No . 33 and auditlonally I bill for an ordinance authorizing the Is- suance of those special assessment bonds was cons ldered. Di rector Freeman advised Council concerning the bid results. The lowest and best bidder with · an Interest rate of 7.208S was fr0111 Hanifen Imhoff, Inc. Ms. Freeman respond- ed to questions concerning costs of the total bid package . She reconwnended that the bid award be approved by passage of the resolution. The Resolution was assigned and number and read by title: RESOLUTION NO . 31, SERIES OF 1989 A RE~OLUTION AWARDING THE CONTRACT FOR THE PURCHASE OF SPECIAL ASSESSMENT BONDS OF THE CITY OF ENGLEWOOD, COLORADO, IN THE PRINCIPAL AMOUNT OF $705,000 FOR PAYING DISTRICT NO. 33. COUNCIL NENBER HATHAWAY NOVED, COUNCIL NENBER KOLTAY SECONDED, TO APPROVE RESOLUTION NO. 31, SERIES OF 1989. Ayes: Council Members Koltay, Hathaway, Kozacek, Habenicht, Clayton, Van Dyke Nays: None Abstain: None Absent: Council Member Byrne. Motion carried. Council Member Hathaway asked the Clerk to read Council 8111 No . 26, entitled: A BILL FOR AN ~ROINANCE AUTHORIZING THE ISSUANCE OF SPECIAL ASSESSMENT BONDS IN THE PRINCIPAL AHOUNT OF $705,000 OF THE CITY OF ENGLEWOOD, COLORADO, FOR PAVING DISTRICT NO. 33; PRESCRIBING THE FORM OF THE BONDS, ANO PROVIDING FOR THE PAYNENT OF THE BONDS ANO THE INTEREST THEREON. COUNCIL NENBER HATHAWAY "OVED, COUNCIL NENBER KOLTAY SECONDED, COUNCIL BILL NO. 26, SERIES OF 1989, Ayes: Council Members Koltay, Hathaway, Kozacek, Habenicht, Clayton, Van Dyke I I I I Englewood City Counc:11 N1nuttl Nay 15, 1989 -,.,. 15 Nays: Abstain : Absent : Motion carried . None None Council Member Byrne . (e) Director Fond a presented a rec01aendat1on fr011 the B1•C1ty Wastewa- ter Trutinent Phnt Supervisory C01111I ttee to adopt a b111 for ,1n ordinance approving an agreement for I wasteload allocation study and a inemorandu111 of understanding between the Cities of Englewood, Littleton and Glendale and Oen · ver P.eg1ona1 Council of Governments . Council Member Habenicht asked the Clerk to read Council 8111 No . 27, entitled : A BILL FOR AN ORDINANCE APPROVING AN AGREEMENT AND MEMORANDUM OF UNDERSTANDING AMONG ENGLEWOOD, LITTLETON, GLENDALE, DENVER REGIONAL COUNCIL OF GOVERNMENTS (DRCOG) AND DIVISION OF ADMINISTRATION OF THE COLORADO DEPARTMENT OF HEALTH, PRESENTED BY THE WATER QUALITY CONTROL DIVISION TO PERFORM A WASTELOAD ALLOCA - TION STUDY FOR SEGMENT 14 OF THE SOOTH PLATTE RIVER. COUNCIL MEJIIER HAIENICHT NOVED, COUNCIL IIENIEl CLAYTON SECONOED, COUNCIL BILL NO. 27, SERIES OF 1919. Ayes : Council Metllbers Koltay, Hathaway, Kozacek, Habenicht, Clayton , Van Dyke Nays: None Abstain: None Absent : Counc i l Member Byrne . Hot ion carried . (f) Di rector Fonda pr~sented a reco 1T111endat i on fro111 the Bi -City Wa stewa - ter Treatm ent Plant Superv1s&ry Committee to adopt a resolu ti ~n approv i ng an amendment to the contract for ~ng i neering design fees in the Long Range Master Plan . Hr . Fonda explained thal there are additional design cos t s re l ated to the odor co ntrol facilities and solids handl i ng. The funds required for this amendment to the contract total $318,384 . The Resolut i on wa s assigned a nu111 - ber and read by t i tle: RESOLUTION NO . 32 , SERIES OF 1989 A RESOLUTION 4PPROVING AHENDHENT TO THE ENGINEERING DESIGN CONTRACT FOR THE BI-CITY WASTEWA~~R TREATMENT PLANT LONG RANGE MASTER PLAN . COUNCIL MEMBER HABENICHT MOVED, COUNCIL MEMBER HATHAWAY SECONDED, TO APPROVE RESOLUTION NO, 32, SERIES OF 1989. Ayes : Council Members Koltay, Hathaway , Kozacek , Haben i cht , Clayton, Van Dyke Nays: None Abstain : None Absent: Council Member Byrne . Motion carried. (g) Di rector Waggoner presented a recoR111endation fr~~ the Department of Public Works concerning the construction bid ,ward for Paving Qistrlct No. 33. Hr . Waggoner explained that Brannan Sand and Gravel Co . had subllitted the low £n9lewood City Counctl N1nutes Nay 15, 1989 -Page 11 bid of $522,488 .75. The project had been estimated at $806,521 ; Hr. Waggon~r reconmended the award of the bid to Brannan Sand and Gravel Co. COUNCIL MEMBER HATHAWAY MOVED, C~IL NEIIIIER KOZACEK SECONDED, TO APPR1VE THE BID AWARD FOR CONSTRUCTION OF PAVING DISTRICT NO. 33 TO THE LOW BIDDER, BRAN• NAN SANO I GIIAYEL COMPANY IN THE AIMltlllT OF $522,488.75. Ayes: Council Members Koltay, Hathaway, Kozatek, Habenicht, Clayton, Yan Dyke Nays: None Abstain : None Absent: Council Member Byrne. Hot ion ·:~:rri ed . 12. City Manager's Report Hr. Fras ~r did not have any ~atters to bring before Council. 13 . City Attorney's Report (a) Hr. DeWitt asked for authority to defend the City i n the matter of Denver Metro Contractors v Csardas Hr,ngarian Resta11rant, eta 1 . COUNCIL MEMBER HATHAWAY MOVED, COUNCIL MEMBER CLAYTON SECONDED, TO AUTHORIZE THE CITY ATTORNEY TO DEFEND THE CITY IN THJS NATTER. Ayes: Council Members Koltay, Hathaway, Kozatek, Habenicht, Clayton, Van Dyke Nays: None Abstain : None Absent: Council Hember Byrne. Motion carried. (bl Hr. DeWitt advised Council that it may be necessary to litigate with reference to Lowry liability . He requested authority to br ing suit against the City's former and current insurance carriers on the Bi-City plant . COUNCIL NENBER KOZAfEK MOVED, COUNCIL MEMBER CLAYTON SECOll>ED, TO AUTHORIZE SAID LITIGATION. Ayes: Nays: Abshin : Absent: Mot i on carried . Council Members Koltay, Clayton, Van Dyke None None Council Member Byrne . Hathaway, Kozacek, Habenicht, (c) Hr. DeWitt transmitted informational copies to Council on the foll ow i ng: (i) Findings and Order of District Court in the pending lawsuit, City of Englewood v Fire and Police Pension Association (FPPA). (ii) Proposed ordinance relative to liquor license matters to be considered at Council's June S, 1989, regular meeting. I I I I Englewood C1ty Council N1nut11 Nay 15, 1181 • Page 17 (111) Proposed ordinance regarding franchises which would necessitate a Charter amendment; to be considered at s011111 time in the future . (Iv) Copies of a letter t.o Grant Thornton, front Hill & Robbins, attorneys representing the Bi-r!ty Wastewater Treatment Plant. (v) Copies of a letter from the U.S. Department of Agriculture . 14. &en,ral Discussion (a) Mayor's Choice Mayor Van Dyke did not have any ~alters to bring before Council. (b) Council Member's Choice ( i) COUNCIL NEHBER CLAYTON MOVED, COIIICJL MEMBER HATHAWAY SECON- DED, TO ACCEPT THE CJTY NANA&ER'S POLICY ON ENPLOYEE GOLF PRIVILEGES; FURTHER, THAT THE ESTABLISHNENT Nil INPLEHENTATION OF THIS NATTER BE LEFT TO THE DIS- CRETION OF THE CITY MANAGER. Ayes: Council Members Kolt,y, Hathaway, Kozacek, Habenicht, Clayton, Van Dyke Nays: None Abstain: None Absent: Council Member Byrne . Hotion carried. 15. Adjour ... nt COUNCIL HEHBER HATHAWAY NOVED TO ADJOURN. The meeting adjourned at 1:15 a.m.