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Home My WebLink About1989-07-17 (Regular) Meeting MinutesI I ENSLEVOOO C ITV COIJNC IL £N&LEIIOOO, ARAPAHOE COUNTY, COLORADO Regular Session July 17, 1989 Call to Order The regular meeting of the Englewood City Council was called to order by Mayor Van Dyke at 7:38 p.m. 2. Invocation The 1nvocat1on was given by Council Member Koltay. 3 . Pledge of Allet1ance The Pledge of Allegiance was led by Boy Scout Troop No. 92. 4. Roll Call Present: Council Members Hathaway, Koltay, Kozacek, Byrne, Haben i cht, Clayton, Van Dyke Absent: None A quorum was present. Also present: 5. Minutes City Manager Fraser City Attorney DeW i tt City Clerk Crow There were no minutes presented for approval. 6. Pre-scheduled Visitors There were no pre-scheduled visitors . 7. Non-scheduled Visitors There were no non -scheduled visitors. 8. Comnunications and Proclautions NOTE : MR. DEWITT WAS NOT IN ATTENDANCE; ASSISTANT CITV ATTORNEY GRIMM WAS PRESENT. IIAYOR YAN DYKE NOYED, COUNCIL NEMBER KOZACEK SECOIIJED, TO DECLARE THE WEE.IC OF JU'.Y 23 -30, 198!1, AS "FRONT RANG[ BIKE WEEK" All> WEDNESDAY, .JULY 21, 1!189, AS "BIKE TO WORK DAY.• Englewood City Council Minutes Ju1y 17, 1989 -Page 2 Ayes: Council Members Koltay, Hathaway, Kozatek, Byrne, Habenicht, Clay on , Van Dyke Nays: None Abstain: None I Absent: None Motion carried. Mayor Van Dyke announced she would be participating in the Front Range Bike Week this Sunday, riding from Riverfront to Civic Center via the Platte River Greenway Bicycle Path ; she invited anyone Interested to join her and the other riders . 9. Consent Agenda There were no items presented under Consent Agenda. 10. Public Hearing No public hearing was scheduled. 11. Ordinances, Resolutions and Motions (a) City Manager Fraser presented a rec011111endation from the Department of Community Development to adopt a bill for an ordinance approving the Swedish Hedi ca 1 Center Pedestrian Overpass over East Hampden Avenue. Hr . Fraser explained that this item as well as Items ll(b) and ll(c) were follow- up items relating to the Swedish Medical Center Planned Development . He ad- vised Council that Assistant Director Romans, Connunity Development , and rep- resentatives of Swedish Medical Center were present to answer any questions . Council Member Habenicht asked that the City Clerk read Council Bill No. 31, entitled : A Bill FOR AN ORDINANCE APPROVING A LEASE BETWEEN THE CITY OF ENGLEWOOD AND SWEDISH HOB I, LTD., AND SWEDISH MOB II PARTNERSHIP TO OBTAIN AIRSPACE OVER PUBLIC STREETS. COUNCIL MEMBER HABENICHT MOVED, COUNCIL MEMBER BYRNE SECONDED, COUNCIL BILL NO. 31, SERIES OF 1989, Ayes: Nays: Abstain : Absent: Mot i on carried. Council Members Koltay, Hathaway, Habenicht, Clayton, Van Dyke None None None Kozacek, Byrne, (b) The recommendation from the Department of Community Development to adopt a resolution approv i ng the r i ght -of-way dedication for the cul -de-sac of the 3400 block of South Pennsylvania Street was considered . The Resolution was assigned a number and read by title: RESOLUTION NO. 39, SERIES OF 1989 I I Eny1ewooc1 City Council Ntnutes Ju y 17, 1989 -Page 3 A RESOLUTION ACCEPTING A RIGHT-OF -WAY DEDICATION BY SWEDISH MEDICAL CENTER TO THE CITY OF ENGLEWOOD FOR CONSTRUCTION OF A CUL-DE-SAC IN THE 3400 BLOCK OF SOUTH PENNSYLVANIA STREET IN CONNECTION WITH THE SWEDISH PLAHNEO DEVELOPMENT. COUNCIL NEIIBER CLAYTON IIOVED, COUNCIL MENIER KOLTAY SECONDED, TO APPROVE RESOLUTION NO. 39, SERIES OF 1989. Council Member Hathaway explained she would oppose the passage of this Resolu- tion as she had opposed the vacation of South Pennsylvania Street . It was confirmed that Swedish Medical Center would be responsible for all costs associated with the construction of the cul-de -uc; it was 11s0 con - firmed that Swedish Medical Center will ~aintain the area, Including snow re - moval. Vote results: Ayes: Council Members Koltay, Clayton, Yan Dyke Council Member Hathaway None Kozacek, Byrne, Habenicht, Nays: Abstain: Absent: None Hotton carried . (c) The recornnendatlon fro~ the Department of Co1111111ntty Development to adopt a resolution approving the right-of -way dedication from Swedish Medical Center for a cul-de -sac at the alley between South Logan Street and South Pennsylvania Street In the 3400 block was considered . The Resolution was asslgn~d a number and read by title : RESOLUTION NO. 40, SERIES OF 1989 A RESOLUTION ACCEPTING DEDICATION BY SWEDISH MEDICAL CENTER TO THE CITY OF ENGLEWOOD FOR A CUL-OE -SAC AT THE NORTH ENO OF THE VACATED ALLEY IN THE 3400 BLOCK BETWEEN SOUTH LOGAN STREET AND SOUTH PENNSYLVANIA IN CONJUNCTION WITH THE SWEDISH PLANNED DEVELOPMENT PREVIOUSLY APPROVED. COUHCIL MDIBER HATHAWAY NOVED, COUNCIL NENBER KOZACEK SECOll>ED, TO APPROVE RESOLUTION NO. 40, SERIES OF 1989. Before voting, confirmation was given that Swedish Medical Center would pay all costs relative to construction of the cul-de-sac, the cul-de-sac would be maintained by Swedish Medical Center, and landscaping of the north side of the Englewood Apartment Building would be done concurrently with the construction . Vote results: Ayes: Nays: Abstain: Absent: Motion carried. Council Members Koltay, Hathaway, Habenicht, Clayton, Van Dyke None None None 12. City Manager's Report Kozacek, Byrne, En'lewood City Council Minutes Ju y 17, 1989 • Page 4 Hr . Fraser did not have any matters to bring before Council. 13. Ctty Attorney's Report (a) Assistant City Attorney Grlrrm requested authority to dismiss the City's lawsuit against Performance Chrysler/Plymouth for non-compliance with B-2 regulations. COUHCIL MOIBER KOZACEK MOVED, COUNCIL MEMBER CLAYTON SECONDED, FOR SAID LAW• SUIT TO BE DISMISSED, Ayes: Nays: Abstain: Absent: Motion carried . Council Members Koltay, Hathaway, Habenicht, Clayton, Van Dyke None None None 14. General Discussion (a) Mayor's Choice Kozacek, Mayor Van Dyke di d not have any matters to bring before Council . (b) Council Member's Choice (I) Council Member Clayton presented three Items: Byrne, 1. A no n-exclusive Private License granting Boy Scout Troop No . 92 use of Centennial Park Lake for canoe training. COUNCIL MEMBER CLAYTON MOVED, COUNCIL MEMBER KOLTAY SECONDED, TO APPROVE OF THE PRIVATE LICENSE WITH BOY SCOUT TROOP HO, 92 SUBJECT TO THEIR PROVIDING INSURANCE AND MEETING ALL TERMS OF THE LICENSE AGREEMENT. Council Member Kozacek stated he would be opposing this license, explaining his opposition did not have anytt1tng to do with Boy Scout Troop No. 92 but rather becau se the Parks and Recreation Conwnisslon had taken a stand against open boating at Centennial Park Lake . He felt approving the l i cen se a9reement to pennl t the Boy Scouts use of the lake would set a preced en t wh ich might encourage others to also use the lake . He expressed concer ~ abou t safety of the shoreline s , and conwnented that staff would have to patrol th l area which I would increase costs to t.he Ci ty. Hr . Fraser was asked to address the safety I i ssue , and he stated that it was his understanding the canoe training would be conducted under adult supervision, proof of insurance will be provided, and he felt the c i rcumstances were such that the Ci ty would be ab l e to retain con - trol . After further discussion , Hr . Clayton called for the quest i on. Vote results: Ayes: Nays: Abstain: Council Members Koltay , Hathaway, Byrne, Habenicht , Clayton, Van Dyke Cou ncil Member Kozacek None I I Englawood City Council Minutes July 17, 1989 -Pege 5 Absent: None Motion Cilrried. 2. A proposal to lease the City's greenhouse property to Design Floral School, Inc. The Resolution was assigned a number and read by title: RESOLUTION NO. 41, SERIES Cf 1989 A RESOLUTION APPROVING LEASE OF CITY GREENHOUSE PROPERTY ro DESIGN FLORAL SCHOOL, INC., FOR SCHOOL TRAINING PURPOSES FOR A PERIOO OF ONE YEAR. Amendments to the lease were discussed and It was agreed to add the following wording: (1) Lease wi ll not be construed as permitting reta i l sales; (2) Performance bond 111111 be i ncluded to cover performance of growing of plant materials and other contingencies which will e~sure 1110ney in case of crop failure. COUNCIL MEMBER CLAYTON MOVED, COUNCIL MEMBER KOLTAY SECONDED, TO APPROVE RESOLUTION NO. 41, SERIES OF 1989, SUBJECT TO LEASE MDIIHms. Before voting, Council Member Kozacek stated this use of the greenhouse for the next year or t1110 111ould be okay, however, he wanted this site to be one of the sites looked at when the City addressed the fire stati~n issue . Vote results: Mot i on Ayes: Council Members Koltay, Hathaway, Kozacek, Byrne, Nays: Abstain: Absent : carried . Habenicht, Clayton, Van Dyke None None No ne 3. Council Member Clayton requested Counc i l 's continued sup- port of his appointment as a member of Colorado Municipal League's Policy Com- mittee. It 111111 be. necessary for the Mayor to notify CML of Council 's wishes relative to Mr. Clayton serving as a member and Council Member Habenicht as alternate. The Mayor and Council concurred in this matter. (ii ) Council Member Hathaway presented a resolution appointing board and co11111ission members as follows: Englewood Downtown Developtnent Authority William Pend l eton reappointed to a four -year term from June 30, 1989, to June 30, 1993 . Planning and Zoning c-lssion Bruce Hogue appointed to fill unexpired term end i ng February I, 1993. Liquor Licensing Authority Glenn Waddell reappointed to a three -year tenn from August 4, 1989 to August 4, 1992; £n,11WOOd City Council Ntnutes Ju y 17. 1989 -Page 6 Curtis Such appointed to a three-year tenn from August 4, 1989 to August 4, 1992. £1tct1on Connlsslon Betty Wilson appointed to fill vacancy expiring February 1, 1991. Housing Authority Roger Koltay reappointed to a five-year ten11 from July I, 1989 to July 1, 1994. Flret1111n's Pension Board William F. "Shorty" Resley appointed to fill vacancy expiring February 1, 1990. The Resolution was assigned a number and read by title: RESOLUTION NO. 42, SERIES OF 1989 A RESOLUTION APPOINTING MEMBERS TO TERMS ON BOARDS ANO COMMISSIONS OF THE CITY OF ENGLEWOOD. COUNCIL MEMBER HATHAWAY NOYm, COUNCIL MEM8£R KOZAC EIC S£CONDED, TO APPROVE RESOLUTION NO. 42, SERIES OF 19B9. Ayes: Council Members Hathaway, Kozatek, Byrne, Habenicht, Clayton, Yan Dyke Nays: None Abstain: Council Member Koltay Absent: None Motion carried. Council Member Koltay explained he had abstained from voting due to his appointment to the Housing Author I ty. Council Member Kozacek reminded Council that appointments to the Housing Authority were mayoral ap- pointments and he questioned 1f that would affect Resolution No. 42 . Mayor Van Dyke stated she officially supports Mr. Koltay's appointment to the Au - thority, therefore, It should not present a problem. (111) Council Member Koltay presented information concerning park- ing problems along Broadway and suggested that Council and staff needed to address a long-range plan concerning the Broadway corridor and parking prob- lems which the businesses are experiencing as well as the problems the residential areas, specifically along Acoma and Lincoln, are experiencing. (iv) Council Member Habenicht spoke concerning two items: l. She concurred in Mr . Koltay' s assessment of the parking situation and felt the situation offered a challenge to the staff and Council to find a solution to the problem. 2 . She expressed appreciation to the Englewood Sentinel for its coverage about the water restrictions, stating it was helpful to the citizens to read those articles. I I I I EntllWOOd Cfty Counc:11 Nfnutes July 17, 1111 -P191 7 (v) Counci 1 Helllber Koucek announced for the record th1t w1ter rationing would be I topic of the study session agend1 nut week (July 24, 1989). 15 . Adjour,-nt COUHCI NENl£R KOZAC£K NOVm TO ADJOURN. The meeting adjourned at 8:16 p .m . . < .,,~t,_/~•.--'L l ,·./ ~ " ' City Clerk