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HomeMy WebLinkAbout1988-12-19 (Regular) Meeting Agenda• • • Regular City Council Meeting December 19 , 1988 0 • • • 0 3.-a "" • <.I ·"'--~ t. %~ :z,_· 0 .., /y C/ 1 /1 ; I( ,, -;; ... /(.,/ I • I I . • - • • 0 ITAft OP OOIC.4DO, \a c-,.et~ j t. Pa • • • CITY COUNCIL MEETING DECEMBER 19, 1988 VERBATIM: ITEMS 11 (B), (C), AND (D) SWEDISH MEDIAL CENTER PLANNED DEVELOPMENT AND VACATION OF STREET AND ALLEY VAN DYKE: THE NEXT ITEM, 11(B), IS A RECOMMENDATION FROM THE PLANNING AND ZONING COMMISSION TO ADOPT A RESOLUTION APPROVING THE PLANNED DEVELOPMENT FOR SWEDISH MEDICAL CENTER FOR DEVELOPMENT OF THE PROPERTY BOUNDED BY EAST GIRARD AVENUE, EAST HAMPDEN AVENUE, SOUTH LOGAN STREET, AND SOUTH OGDEN STREET. MR. VARGAS .. VARGAS: YOUR HONOR, MEMBERS OF THE COUNCIL, THE DIRECTOR OF COMMUNITY DEVELOPMENT, RICHARD WANUSH, IS HERE THIS EVENING. HE 'S GOING TO GIVE YOU A PRESENTATION ON THIS PARTICULAR AGENDA ITEM. ClAYTON: PARDON ME YOUR HONOR, BEFORE WE COMMENCE PRESENTATION OF, I WISH MR. WANUSH, MAYBE A SUGGESTION WOULD BE IN ORDER THAT EVEN THOUGH A PUBLIC HEARING IS NOT NORMALLY CALLED FOR ON THIS SUBJECT, THAT PERHAPS WE COULD PASS THIS ON FIRST READING AND SCHEDULE A PUBLIC HEARING, UM, AND THEN IT WOULDN'T SEEM NECESSARY FOR MR . WANUSH TO GIVE HIS PRESENTATION TWICE IN THAT CASE, AND AH ... VAN DYKE : SO HIS PRESENTATION COULD BE PRESENTED DURING IN THE PUBLIC HEARING IN IT 'S ENTIRETY AND BOTH PARTIES COULD PRESENT INFORMATION AS WEll?. CLAYTON: HATHAWAY : ITT : HA Ill : Ill: I WOUlD THifiC SO AND THEN THAT MIGHT AH, WE MIGHT AH, RECEIVE A LITTLE MORE RESPONSE FROM THE PEOPLE WHO PERHAPS ARE INTERESTED IN THIS AND THAT WOULD GIVE US AN OPPORTUNITY, liKE I SAY, EVEN THOUGH IT 'S NOT CAllED FOR, TO HAVE A PUBLIC HEARING BEFORE W fWCE OUR D£CISION . ON THIS PARTJ CULM ON , CORft CT, RICK? WOUlD B TABU THIS RESOlUTION , , lET'S CO THROUGH THAT . ECAU IT IS A SOl UTI , NOT Nl ORDI IC UTI A f ltfl n .•.• o . . l . , I • • • DEWITT: ... BECAUSE IT AH ... THAT WOULD PROBABLY BE A BETTER WAY JUST TO TABLE THE ITEM . HATHAWAY: TABLE THE ITEM ... VAN DYKE: HR. VARGAS .... VARGAS : WELL, I THINK THAT IF YOU AH, IF YOU WOULD LIKE, YOU COULD JUST SET A PUBLIC HEARING AH IN ADDITION TO TABLING THE ITEM, AND WE WOULD SUGGEST THAT IF THAT'S COUNCIL'S DESIRES, TO SET JANUARY 16TH AS THE PUBLIC HEARING DATE. CLAYTON: UH, PARDON ME UH, MR. VARGAS, DON'T YOU THINK THOUGH IT WOULD BE A GOOD IDEA TO PASS THESE, THE ORDINANCE ON ... VARGAS: I THINK, 1 ... CLAYTON : ... ON FIRST READING THIS EVENING . VARGAS: I THINK THAT THAT, THAT WOULD BE A VERY GOOD IDEA BECAUSE THAT, THAT DOES REQUIRE A SECOND READING AND THE 16TH WOULD BE THE , TH E NEXT AH AGEN, THE NEXT REGULARLY SCHEDULED MEETING, WHERE THOSE COULD BE CONSIDERED ON FINAL READING, YES . HATHAWAY : RIGHT , WE JUST HAVE TO CONSIDER ... VARGAS : RIGHT . HATHAWAY : ... EVEN THOUGH (B) AND (C) AND (D) ARE ALL RELATED , THEY ARE HANDlED DIFFERENTLY AND I JUST WANTED TO ~E SURE THAT WE HAND LE D TlO ALL LEGAL All) PROPER . CLAYTON : ON THAT I WOULD RECOMMEND THEN , THAT WE TABL E ITO. (B) ... HATHAWA Y: OKA Y. CLA YTON : ... UNTIL SUCH ~y AS THE PUBli C HEARING . HATHAWAY: I WOULD SEC OND THA T. VAN OYIC : ll, LET'S, IN TH£ PIOCESS, LET'S ALSO ASSI A ~TE. JAIIUAAY 16TH AS TH ~TE IT ... HATi y Y, IT TH VOT TO A rc ur . VAN OY 0 •• THAT 0 NCOIIIECT, lUT IT TO THAT HAT ' ••• I . • • • • DEWITT: COUNCIL PERSON HATHAWAY IS CORRECT. VAN DYKE : O.K. WE HAVE A MOTION TO TABLE IT BY MR. CLAYTON ... HATHAWAY: I SECONDED IT. VAN DYKE : ... AND SECONDED BY MRS . HATHAWAY. ANY FURTHER DISCUSSION ON TABLING ITEM 11 (B). PLEASE VOTE . CLERK : ALL VOTES HAVE BEEN CAST YOUR HONOR. LET THE RECORD SHOW SEVEN AYES. VAN DYKE: THE MOTION CARRIES TO TABLE THIS ITEM TO, WELL, THE NEXT PART . KOZACEK : YOU 'RE GETTING OFF EASY, RICH . YOUR HONOR I WOULD MOVE THAT WE SET A PUBLIC HEARING FOR JANUARY 16, 1988 (SIC). CLAYTON : UM, GARY, I STILL THINK WE, I THINK WE NEED TO GET TO THAT , DON'T THINK WE'RE QUITE THERE YET ... KOZACEK: WE CAN SET A PUBLIC HEARING ANY TIME. CLAYTON : ... WELL , WE'RE GOING TO HAVE TO DO THAT IF WE PASS THE ORDINANCE ON FIRST READING MAYBE THAT WOULD BE THE TIME TO SET THE PUBLIC HEARING ON THE ORDINANCE . HATHAWAY : ON BOTH ORDINANCES . CLAYTON: YEAH, ON THE ORDINANCES, RATHER THAN ON THE RESOLUTION. HATHAWAY : 'CAUSE IN ESSENCE, YOUR PUBLIC ... WAHUSH : EXCUSE ME, EXCUSE , YEAH, I THINK THUE 'S A, THERE'S A CONFUSION AGAIN ON THIS, THE PO IS PASSED ClEARlY BY RESOlUTION, YOU TAILED THAT RESOlUTION. CLAYTON: RIGHT . HATHAWAY : RIGH T. WAHUSH : 101 IOU HAVE THE AH, TH£ AUTHORITY TO CHOOSE TO SET A PUB IC HEARl ON TH P D D£V l T. SO l ... KOZAC «<ZAC VAN D KO THAT ' T YOU . lC rOR . T TO A f I . • • • • KOZACEK: AT 7:30, I'M SORRY YOUR HONOR. VAN DYKE: SECONDED BY MRS. BYRNE. ANY FURTHER DISCUSSION ON SETTING THE PUBLIC HEARING, DATE AND TIME. PLEASE VOTE . CLERK: All VOTES HAVE BEEN CAST YOUR HONOR. LET THE RECORD SHOW SEVEN AYES. VAN DYKE: THE MOTION CARRIES. THANK YOU, MR. WANUSH. MOVING ON TO 11 (C) THE RECOMMENDATION FROM PLANNING AND ZONING COMMISSION TO ADOPT A BILL FOR AN ORDINANCE APPROVING THE VACATION OF THE RIGHT -OF-WAY FOR 375 FEET LOCATED IN THE AllEY IN THE 3400 BLOCK BETWEEN SOUTH LOGAN AND SOUTH PENNSYLVANIA . HATHAWAY: YOUR HONOR, I WOULD LIKE TO HAVE THE CITY CLERK READ COUNCIL BILL NO . 50 BY TITLE, PLEASE. CLERK: COUNCIL Bill NO. 50, INTRODUCED BY COUNCIL MEMBER HATHAWAY. A Bill FOR AN ORDINANCE VACATING THE RIGHT -OF -WAY FOR THE NORTH 375 FEET OF THE AllEY LOCATED BETWEEN SOUTH LOGAN AND SOUTH PENNSYLVANIA IN THE 3400 BLOCK, CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO. HATHAWAY: YOUR HONOR, I'D LIKE TO MOVE COUNCIL Bill NO. 50. CLAYTON: SECONO. VAN DYKE: SECONOED BY MR. CLAYTON. ANY DISCUSSION. I DO WANT IT TO STATE FOR THE RECORD THAT THIS IS PROCEDURE TO PASS AN ORDINANCE ON IT 'S FIRST READING. IT GIVES US THE OPPORTUNITY OVER THE NEXT COUPLE Of WEEKS TO EXPLORE THE ISSUES IN MUCH GREATER DETAIL. WITH THE SETTING Of THE PUBLIC HEARING FOR JANUARY 16TH, WE Wil l BE ABLE TO DO JUST THAT. SO WHAT WE ARE DOING TONIGHT IS NOT NECESSARILY A TOTAL RECOMMElllATION FOR APPROVAL Of THIS PARTICULAR ORDINMCE, BUT TO START THE PROCESS, IN FACT, All) APPAOVE IT ON IT 'S FIRST READING . MRS . HABEN I CKT . HABENICHT : AH, YOUR HONOR, I UNO£RSTMO THAT THAT IS TH PROCESS, AT THE T1 BECAUSE I DO NOT HAVE B£N£f IT Of, Of A LOT Of PUll It IMIUT ON THIS All) BECAUS I , l MYSElf HAVE QUESTIONS AIOUT THIS, I fEEl OILIGEO THAT I Will, I Will , I WILL OEFIMITELY I( VOTI VAif OV OU , IC T. ANY OTH R, OTH HA HAT 0 • • • • • • HATHAWAY : JUST TO LET YOU KNOW THEY ARE HERE READY TO DO THAT . VAN DYKE : YES . O.K . PLEASE VOTE . CLERK : ALL VOTES HAVE BEEN CAST YOUR HONOR . LET THE RECORD SHOW SIX AYES, ONE NAY , COUNCIL MEMBER HABENICHT . VAN DYKE : MOTION CARRIES . AH , FOR THE BENEFIT OF THOSE OF YOU THAT ARE HERE FROM THE SWEDISH HOSPITAL TO PRESENT YOUR PLANNED UNIT DEVELOPMENT AH, WE WANT TO CLARIFY THE FACT THAT WE ARE HAVING A PUBLIC HEARING ON THE 16TH OF JANUARY . WE INVITE YOU TO COME BACK WITH ALL THE INFORMATION THAT YOU HAVE AND MORE , IF APPROPRIATE , AND PLEASE SHARE THAT INFORMATION WITH US . AT THIS TIME WE 'D LIKE TO ALLOW YOU TH E OPPORTUNITY TO DEPART AND WE 00 APPRECIATE THE TIM E AND EFFORT YOU PUT INTO BRINGING YOUR MATERIALS TO US TONIGHT , BU T WE DON 'T WANT TO UTIL IZE YOUR TIME INEFFI CIENT LY. SWEDI SH REP :THAHK YOU. VAN DYKE : CE RTAINLY . ALRIGHT, THE NEXT ITEM IS 11 (D), A REC OMM ENDATION FROM THE PLANN ING AND ZON IN G COMM ISSION TO ADOPT A BILL FOR AN ORDINANCE APPRO VING THE VAC ATION OF THE RIGHT -OF -WAY FOR 366 .10 FEET LOCATED IN THE 3400 BLOCK OF SOUTH PENNSYLVANIA . CLAYTON : YOUR HONOR, 1 ASK THAT THE CLERK READ COUNCIL BILL NO . 51 BY TITLE . CLERK : CLAYTON: 0 TAY: VM OY OZAC COUNCIL BILL NO. 51, INTRODUCED BY COUNCIL MOllER CLAYTON . A BIL L FOR AN ORDINANCE VACATI THE RIGHT -OF -WAY FOR THE SOUTH 366 .10 FEET OF THE 3400 BLOCK OF SOUTH PE SYLVANIA STREET IN TH CITY 0 £ LEWOOO, COUNTY OF ARAPAHOE, STATE OF COLORADO. I MOVE COUNCIL BIL NO . 51 . s c IV lAY . MY DISCUS I • KOZAC • ) I -• • • CAN GET INTO BOTH THE RESIDENCES AND SWEDISH MEDICAL COMPLEX, BUT I DON'T THINK WE'VE ADDRESSED THE AIR QUALITY PROBLEM. VAN DYKE: O.K. I THINK THAT THIS NEEDS TO BE COMMUNICATED TO SWEDISH, AND WE'VE DISMISSED All OF THEM ••• HATHAWAY: RIGHT, RIGHT, BUT ••• VAN DYKE: I THINK, ••• SWEDISH REP:THERE'S ONE. KOZACEK: THERE'S A COUPLE OF THEM THERE. VAN DYKE: OKAY HATHAWAY : YEAH , O.K., THAT'S SOMETHING THAT I WAS GOING TO ••• VAN DYKE : AH, WHY DON'T YOU COME FOR, FORWARD PLEASE. HATHAWAY : YEAH, IF YOU WOULD ••• VAN DYKE: AND ... UM ... HATHAWAY : IF THERE, YOU KNOW IF THERE IS ANY STATISTICS ••• VAN DYKE : DO YOUft UII)[RSTAND THE CONCERN THAT MISS HATHAWAY HAS, WOULD YOU PlEASE. .. HATHAWAY : THE COIICEIII THAT I HAVE THAT WAS IIIOUCHT TO NY ATTENTION BY ONE OF THE MENERS Of THE AIR POllUTION COIITIOl. DIVISION Of THE STATE HEALTH DEPAR NT, THAT BY PUTTUC All T TRAfFIC DIRECTLY, RIGHT IN FRONT Of M. AND MS . lUll 'S HOUSE 'S lOTH ON THE EAST AND THE ST, VITH A PARKIIC ~ TO ST, THAT YOU MY IE IN EFFECT , AfFECTI THE AIR QUAliTY 1• THAT PARTICUlAR MEA . AND IT MY ADVUS£LY AffECT lM£ AIR QUAliTY AT lNOS( 'NO PARTICUlAR R£SIDEIICES . REAS . THAT lM( IIOWIT IS FAR EIIOUGH IDOVED fb T T ... T IT MY IIOT AfFECT IR All QUAliTY, IT MY IE ADVERSELY AfFECTI AT Sl ES . All) I Rl IF MY STUDIU HM I( AC COIIIU TO THAT OR THER SHOULD I ITI ATED IEfOI T PUiliC HEAIJ OAT . IC CIAl IT . - • • • • CAN TALK, I'D BE HAPPY TO MEET WITH YOU, AND SHARE WITH YOU WHAT MY CONCERNS ARE. MERCK: THANK YOU. VAN DYKE: O.K. THANK YOU. O.K. AT THIS TIME I'D LIKE TO ASK COUNCIL TO VOTE. CLERK: ALL VOTES HAVE BEEN CAST, YOUR HONOR. LET THE RECORD SHOW SIX AYES, ONE NAY, COUNCILMEMBER HABENICHT. VAN DYKE: MOTION CARRIES. 7 • I . - 1. Call to Order • • • ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COllfTY, COLORADO Regular Session Dec:eMer 19, 1988 The regular ~eting of the Englewood City Council was called to order by Mayor Van Dyke at 7:30 p.•. 2 . Invocation The invocation was given by Council Me~er Koltay. 3. Pledge of Allettance The Pledge of Allegiance wa s led by Mayor Van Dyke. 4 . Roll Call Present: Council "--bers Hathaway, Koltay, Kozacek, Byrne, Habenicht, Clayton, Van Dyke Absent: None A quorua was present. Also present : S. IU nutes Acting City "-nager Vargas Ctty Attorney DeWitt Ctty Cler Crow Assistant Director Ro.ln , Co..untty Oev lo nt 0 rector anush C ntty Oev 1 nt t I Englewood City Council Rinutes Dec•ber 111, 11188 -Page 2 .. Traditional/Religious Category • • • Mr. and Mrs. William P. Neyer, 4312 South Jason Street, 3rd Place Mr. and Mrs. Dwight LathaM, 2971 South EMerson Street, 2nd Place Lynette Warren, 3820 South Galapago Street, 1st Place Artistic/lest Lighting Cat!IOrY Ji• and 8onnie Brown, 3201 South Cherokee Street, 3rd Place Mr. and Mrs. Tho. Berube, 4301 South Elati Street, 2nd Place Jason Hagon, 3247 West Pi•lico Avenue, 1st Place Congratulations were extended to the winners . Ms. Ra.ans and Mr. Neyer were thanked for their efforts, as were the nu.erous judges and contributors. (b) Ji• Vigil was not present as scheduled. Council Metlber Hathaway advised that she had spoken to Mr . Vtgil about hts concerns wtth parking prob - l .. s on the east stde of 3700 South Inca Street. 7. Non-scheduled Visitors There were no non -scheduled vtsttors . There were no Ca..untcattOfts or Procl..attOfts for COftSiderattOft . 9 . ConHftt .. CUICIL .... UUCII Mftl, CIIICIL SDT .... ITDS I (a) Y-.. (e)t 10 . ll . (a ) Rt nute s of t 11 , .... (b ) Mi nute s of t Pa s a.d 10 , 1911 (c) M nut s o t Pl ng ll. l t t ng of r Englewood City Council Minutes December 19, 1988 -Page 3 • • • (a) Acting City Manager Vargas presented a reconwnendation from the Library Advisory Board to adopt a Bill for an Ordinance approving an agreement between the City of Englewood and the Central Colorado Library Syste11. Mr. Vargas explained this was an annual agreement which sets the parameters under which the citizens of Englewood can borrow materials from other library dis - tricts and those districts can in turn borrow materials from the Englewood library. There is a fee formula for these transactions; it is estiMated that the City will receive $15,000+ during 1989. COUNCIL BILL NO. 49, INTRODUCED BV COUNCIL MEMBER HABENICHT, WAS READ BY TITLE: A BILL FOR AN ORDINANCE APPROVING RENEWAL AGREEMENT BETWEEN THE CITY OF ENGLE - WOOD AND CENTRAL COLORADO LIBRARY SYSTEM FOR PARTICIPATION IN THE CENTRAL COLORADO LIBRARY SYSTEM PUBLIC LIBRARY RECIPROCAL BORROWING PROGRAM. COtiiCil M£MI[I IIAIDIIQIT IIIOYED, CCUI:IL M£MIEI IV. SECCII)m, CCUI:Il llll NO. 49, SEIIES OF 1111. Ayes : Nays : Abstain : Absent : Motion carried . Council Me.bers Koltay, Hathaway, Habenicht, Clayton , Van Dyke None None None Kozacek , Byrne , (b) A reco..endation fro. the Planning and Zoning Co.aission to adopt a Resolution approving t Planned Developeent for Swdtsh Medical Center for developeent of property bounded by East Gtrard Avenue, East Hllll)den Avenue , South logan Street, and South Ogden StrMt was cOft sl dered . Di rector Wanush was ava il able to an s r questions . Discus si on ensued as to proper procedure . CUitll CLAn• , CUitll MATHIIIIAY SU.O, TO TAill MOI- DA ITO II(') -A IOOUI'rt• MOPTI. TilE Fl.l , C.WSI. _, DltiSI. Of tin C:UCIL Of Till tin Of EMI a-.. COlli•. uu.1 THE l . IY I ICAL. CDml CMl TilE 11DT FIV£ YOU . Ay : Cou 11 r ol ey. Heth oz c , H nich , Clay o • v n Oy , • • • Englewood City Council Minutes Dece.ber 19, 1988 -Page 4 (c) A recommendation from the Planning and Zoning Commission to adopt a Bill for an Ordinance approving the vacation of the right-of-way for 375 feet located in the alley in the 3400 block between South Logan and South Pennsyl - vania was considered. COUNCIL BILL NO. 50, INTRODUCED BY COUNCIL MEMBER HATHAWAY, WAS READ BY TITLE : A BILL FOR AN ORDINANCE VACATING THE RIGHT-OF-WAY FOR THE NORTH 375 FEET OF THE ALLEY LOCATED BETWEEN SOUTH LOGAN AND SOUTH PENNSYLVANIA IN THE 3400 BLOCK, CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO. COUIICil ... EI HATHAMAY NOYtD, COUIICil ..a.EI ClAYTON SECOII)ED, COUIICil llll 110. 50, SEll ES OF 1!188. Mayor Van Dyke explained that It is a procedural matter to consider and ap- prove Council Bills of this nature on first reading, which will provide Coun - cil the opportunity to explore the issues prior to the public hearing set for January 16, 1989, at which tl.e the Council Bills can be considered on final reading. Council Me.ber Habenicht stated she would be voting in opposition at this tl-. due to lack of public Input and other concerns. Council "--ber Hathaway suggested that the representatives of Swedish Medical Center could be excused since their presentation will be •de at the public hearing, January 16, 1989 . Vote results: Ayes : Nays : Abstain : Abs nt : t on carr ed . Mayor r to returft on t Pl Oev to Council rs Koltay, Hathaway, Kozacek, Byrne, Clayton, Van Dyke Council r Habentch n n 'Van D lnvtted representat tv s of sh leal 16th of J nuary, 1989 , to present fnfo'-lt on relatlv nt. dop a 3 .10 Till I ILL t , I • • • Englewood City Council Minutes December 19, 1988 -Page 5 Council Melllber Hathaway concurred, and expressed a concern set forth by the Air Pollution Control Division, State Health Department, i.e., that increased traffic on Pennsylvania Street in front of the Dunn residence might create an air quality problem. As there were still representatives of Swedish present, they were advised to address this question during the public hearing. Council Member Habenicht stated she was concerned about the iMpact on Logan Street as a result of the in-and-out traffic from the parking garage. This concern will also be addressed at the public hearing. Vote results: Ayes: Nays: Abstain: Absent : Motion carried. Council Me.bers Koltay, Hathaway, Kozacek, Byrne, Clayton, Van Dyke Council ~r Habenicht None None (e) Acting City Manager Vargas presented a rec~ndation fro~~ the Finance Oepart.ent to adopt a Resolution which ..,uld ._nd the 1988 General Fund Budget and the Self Insurance Fund . Mr . Vargas reported that it appears that our expenditures for 1988 will be approxi .. tely S600 ,000 less than bud - geted. He explained the t.., ._ndllents being reco.ended : Section Z of the Resolution deals with a lease purchase for a fire pu.per, and in order to ... t accounting procedures 1t fs necessary to acknowledge receipt and expenditure during the year fn whfch they are .ada; therefore, SIIO,OOO lease proceeds wfll offset the SIIO ,OOO purchase expenditure . Section 1 of the Resolution transfers S168,000 fro. the General Fund Budget to the Self Insurance Fund to cover the deficit experienced fn that fund . The Resolutfon was assigned a nu.ber and read by title : RESOlUTION NO . 92 , SERIES Of 1988 A RESOlUTION M£N01NG THE 1918 GEJKRAl flll) All) THE: 1-SELF IIISUUIC Flll). CGIIICJ L IC.OWEI 1M1D • CG111t I L IISOLUTJ ••• tl. SOlD Of 1 ... Aye s: CCMa nctl rs Koltay, Hat u ce , ly H nfcht, Cl ayt on, V 0 A IJTJ • Englewood City Council Minutes Dece.ber 19, 1988 -Page 6 • • • COUNCIL MEMBER KOZACEK MOVED, COUNCIL MEMBER HATHAWAY SECONDED, APPROVAL OF RESOLUTION NO. 93, SERIES OF 1988. Ayes: Council Members Koltay, Hathaway, Kozacek, Habenicht, Clayton, Van Dyke Council Member Byrne None Nays: Abstain: Absent: None Motion c1rrled. (g) A Resolution ippointlng Joseph W. Esch 1s Associ1te Municlpil Judge w1s discussed. There w1s some question IS to whether Mr . Esch wished to con-tinue In this Cipiclty. COUIICil IERKR HATtWIAY NOVm, COUNCIL Ma.D KOZACOC SEcotl)£0, TO TAILE MDI- DA ITER ll(g). Ayes : Nays: Abstain: Absent : Motion carried. Council Me.bers Kolt1y, Hith1w1y, H1benicht, Cl1yton, Y1n Dyke None None None Koucek, Byrne, (h) A Resolution 1ppointing John W. Sllith III as Assochte Municipal Judge wa s assigned a nu.ber and read by title : RESOLUTION NO. 94, SERIES Of 1988 A RESOLUTION APPOINTING JOHN W. SMITH Ill AS ASSOCIATE MUNICIPAl JUDGE FOR A FOUR -YEAR TERM. COUNCIL ....U HATHMIAY IIMD, COUIICil C:UYTCII SlC:.O, .,._AL OF R£SOLUTI. 10. M, SOI[S OF 1 .... Ay s: Council rs oltay , Hath y, Kozac • Byrne , Ha n1cht, Cl~t~. v n Oyk Nus : Abstlln : Abstttt : t on c rr td . n 1 tc p 1 A -• • •' • Englewood City Council Minutes Dece.ber 19, 1988 -Page 7 Abstain: None Absent: None Motion carried. (j) A Resolution appointing Thous J. Burns as Associate Municipal Judge was assigned 1 number and read by title: RESOLUTION NO. 96, SERIES OF 1988 A RESOLUTION APPOINTING THOMAS J. BURNS AS ASSOCIATE MUNICIPAL JUDGE FOR A FOUR-YEAR TERM . CCUC:IL IEMO HATHAMAY JIOVED, CCUC:IL IIOIIER CLAYTON SECONDED, APPitOVAL OF RESOLUTION JIO. H, SERIES OF ltU. Ayes: Council ~ers Koltay, Hathaway , Kozacek , Byrne, Habenicht, Clayton, Van Dyke None Na,ys: Abstain: None Absent: None Motion carried. 12. City Rana,.r's Report Mr. Vargas dtd not have any lters to bring before Council. 13 . Ctty Attorney 's Report Mr. O.Wtt l. 2. 3. 14 . Ull trans.ttled thrte tl s to City Council for their revt : Hatton 's Ctl es ly art cle e~~titled •ttow will cities respond and how can EPA ase fundtnt shortfalls?• ntc pat arttcl nt. tled •Accountint Rules Irk Auditors• regard1nt Gov tal AccCKIIIlt Standards Board (CiASB) proposed rut • In o artnts as c ). tift I - Englewood City Council Minutes Dec•ber 19, 1988 -Page 8 • • • A RESOLUTION RECOMMENDING THE APPOINTMENT OF COUNCILMAN WILLIAM A CLAYTON JR. TO THE ENERGY ENVIRONMENTAL AND NATURAL RESOURCE POLICY COMMITTEE OF THE NA-TIONAL LEAGUE OF CITIES. MAYOR VAN DYKE MOVED, COUNCIL MOllER ICOZACEIC SECOfl), APPROVAL OF RESOLUTION NO. 97, SERIES OF 1988. Council Me.ber Clayton thanked Mayor Van Dyke for offering the Resolution. He infor.ed Council that he had spoken to the EPA at NLC's Congress of Cities in Boston recently. He felt it was possible that progress .ay be .ade relative to the Superfund site at Lowry Landfill. He had advised Ken Bueche, Director of Colorado Municipal League of his interest in serving on this NLC Policy Co.atttee. He stated it would be helpful if Littleton, joint owner of the 81 - Ctty Wastewater Treat.ent Plant, would also sponsor his no.tnatton. He ad - vised Council of the financial burden associated with this appotnt.ent, stat- ing it would ••n his .andatory attendance at various .. ttngs through the year in addition to the regular NLC .. ttngs. Mr . Clayton assured Council he planned to devote considerable tt• and effort on behalf of the City if ap - pointed. Mayor Van Dyke stated she felt the expense would be justified. Vote results: ~es: Nays : Counc 11 Mellbers Ko 1 hy, Hathaway, Koucek, Byrne, Habenicht, Clayton, Van Dyke None Abstain: None Absent: Mot ton carried. None (b) Council Mellber' s Choice (1) A Resolution establtshlft9 salaries for the City Attorney and his assistants wa s assigned 1 nUiber lftd re~ by title. R£SOlUTJOI MO . M, SERIES Of IMI A R SOlUTIO. ESTAiliSHI SALMY FOR T CITY ATT £Y MD HIS ASSIS -TNfTS fOR TH CALOIIWt YEAR lMt . ) ot u1 : I Engl.wood City Council Minutes Dec:lllber 19, 1988 -Page 9 Abstain: None Absent: None Motion carried. • • • (11) The Resolution establishing annual salaries for Municipal Court Judge and Associate Judges was assigned a nu.ber and read by title: RESOLUTION NO. 99, SERIES OF 1988 A RESOLUTION ESTABLISHING ANNUAL SALARIES FOR THE MUNICIPAL COURT JUDGE Afll ASSOCIATE JUDGES FOR THE CALENDAR YEAR 1989. COUIICIL ...U HATIWIAY liMit, COUIICIL ..,_. IDUCEI sm.D, APPIOVAL OF IUOWTI ••• M, SDIU 1111, TO IIICUIIl M-. SAUIY OF SU,IIO FOit l1l( -ICIPAL CGUitT .JIIIIE -DAILY SAUIY OF SilO FOit ASSKIATE .JIIIIU& l1l( IESOWTI. TO IIICIJII( A STATEIDT THAT lH(Sf SAUII(S AlE SUI.JKT TO IEYIEV MITHII SIX RDITHS. Ayes: N-.ys: Abstain : Absent : Motion carried . Council Melbers Koltay, Hathaway, Habenicht, Clayton, Van Dyke None None None Kozacek, Byrne, ( tii) Counc: 11 .....,_r Kozacek thanked those in attendance and t n-vited tha to return. (tv) Counc:tl .....,_r Kolt-.y extended t"-ks to other Counc:tl "-· bers and the City •tnhtratton for the opportUftfty of •rtttnt wtth t"- durtnt 1•. and he whhed each and everyoN a very Merry Chrtstau . 15 . ~ .. l&illlt CGUIICIL IDUCII IIMD TO ..... The .. t i nt adjourned at 1 :14 P·•· • • • • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL DECEMBER 19, 1988 7:30 P.M. l. Call to order. tll<. .;:{~! ) 2. Invocation. (t(..7ttr - ' , 3. P1edqe of a11e;iance. {/ 't 4. Jloll call. 1 t • !5. Minutee. 6. Pre-Scbecluled Vieitora. (Pl--liait your preeentation to ten ainutu.) J t1 (a) Steve lleyer, a.air.an of Parka and -.creation Coaaie- eion, and Dorothy aa.an., .._ietant Director of Co.auni - ty Develo,..nt, will be in attendance to preaent the Avude to tbe winnere of tbe Holiday Li9bt1ft9 eo.peu. tion. , (b) Jill Vitil of 3721 Iouth Inca will be preeent to diecuea concerna be baa about the two-bour parkift9 on South Inca ltreet . U.a it 'I' p r een tion to and Procl I . . • • .. • · Pag~ 2 December 19, 1988 City council Agenda 9. consent Agenda. Accept Y A. /l,J .l ""B t1 cl ,..:..-1 L.r ,t(ft./i+r'- (a) Minute• of the Board of Adjuataent and Appeals Meeting of Noveaber 11, 1988. (b) Minute• of the Parka and Recreation co .. iaeion Meeting of Noveaber 10, 1988. (c) Minute• of the Planning and Zoning co .. iaeion Meeting of Deceaber 13, 1988. 10. Public Hearing. 11. Ordinance•, Reeolutiona and Motiona. rt I . / Jr I ()(A~ .(__., (a) Recoaaendation froa the Li rary Advbo ac*rd to adopt a Bill for an Ordinance approving an Agre ... nt between 1., the city of Englewood and the central Colorado Library syat.. for participation in the Central Color do Library Syet .. Public Library Reciprocal Borrowing Prograa. (b) Reca..endation froa the Planning and Zoning Coaaiaaion ' to adopt a Reaolution approving the Planned Develop .. nt ' ~ for lvediah Medical Center for develos-ent of property ~ bounded by Zaat Girard Avenue, Zaat aa.pden Avenue, South Lo9an Street and Iouth 09den Street. ec~ation froa the Planning and Zoning Ca.aiaaion to adopt a Bill for an Ordinance approvi, the vacation of the rivht-ot-vay for 375 t t located n the alley in the 3400 block betveeo Iouth LocJ n and. l~th Pennaylvanta. .t "· ·' . 1 'I Reeo ... ndation froa the Planning and zoning o adopt Bill for an Ordina pprovint ot the ri9h -of-ay tor l .10 oc bloc o Iouth nneylv nl • • • • Page 3 December 19, 1988 city Council Agenda / q6 1)-0 v o} ( i) A Resolution appointing Haydn Swearingen as Assoc_i,.a,te ,_ .....L 'qG Municipal Judge for a four-year tara. f'7J'1C j 'hft-MtU£' u- ~ )/ (j) A Resolution appointing Thoaaa J. Burna aa Associate '~ .. ~ 1 )) Municipal Judge for a four-year tera. ':CJC:(CL.k J (!/7 f7-t 12. City Manaver'• Report. ~ ~</-;- Actinv cit ~v•r PRV/lah I . . • • • ENGLEWOOD, COLORADO 1988 HOLIDAY LIGHTING COMPETITION OLD ENGLEWOOD HOLIDAY 1st Place 2nd Place TRADITIONAl[lELI&IOUS 1st Phce 2nd Place 3rd Phce AIIIMTED HOLIDAY AITISTIC/HST LIIH1'1. 1st Place 2nd Place 3rd Phce WINNING ENTRIES Mr. and Mrs. Donald W. Ezell 3163 West Union Avenue Cathy and Ji• Burrage 4301 South Bannock Street Lynette Warren 3820 South Galapago Street Mr . and Mrs . Dwight Latha• 2971 South ~rson Street Mr . and Mrs . Will i•• P. Neyer 4312 South Jason Street NoAI!fards Mr . and Mrs . Jason Hagan 3247 West P1•1tco Avenue Mr. and Mrs. Th• Berube 4301 South Elat1 Street Jt• and Bonnie Brown 3201 South Cherokee Street • 1 • I . . JUDGES: CONTRIBUTORS: SPONSOR: CHAIIIIWI: • • • ENGLEWOOD, COLORADO 1988 HOLIDAY LIGHTING COMPETITION Patricia and Bob Crow Sheri Gulley Melody and Joe Kollath Hazel and Victor Nilsen Beryl and Don Styes Carl Welker leon Kuhn Ji• Kavinsky luAnne Mickelson Jerrell Black Dorothy Gonzales Joe P11zga Gary Tyson To. Munds, Editor, Englewood Sentinel Englewood Ctty Council Steve Neyer I . . • • • IUIIJTES BOARD OF ADJOSTiDf AND APPEALS EI&LEVOOD coLORADO NOVEMBE~ g I 1988 The regular ~~eeting of the Englewood Board of Adjustment and Appeals was called to order by Chair.an Welker at 7:30 p.m. Members present: Seywour, George, Lighthall, Dunn, Shaffer, Waldman and Welker. ~rs absent: None. Also present: Richard S. Wanush, Director of C~nity Oevelop~ent Dorothy R~ns, Staff Advisor Daniel L. Brotz•an, Assistant City Attorney APPROVAL Of T1E IUIIJTES BOARD MEMBER LIGHTHALL MOVED THAT THE MINUTES OF AUGUST 10, 1988 BE APPROVED AS WRITTEN. Board ~r Wala.tn seconded the .otion. All seven ..-bars voted in favor of the .otion, and the Chai~n ruled that the Minutes were approved as written . APPROVAL Of TIE FIIIUIIIS Of FACT. BOARD MOeER SEYMOUR MOVED THAT THE FINDINGS OF FACT FOR CASES fl9 ·88 AND 123 · 81 BE APPROVED AS WRITTEN . Board Mellber lieof'9e seconded the 10t i Oft , All seven .-.bars voted in favor of the ~ation, and the Chainaan ruled that the Findings of fact for Cases 119 ·88 and 123 -88 were approved as written . PUII.IC NEAll • Th Chatnaln stated that th Board Is authorized to 9rant or d ~Y an appea l by Art cle B, Part 3, Section 60 , of th Englewood City Charter . . I . , I • • .. • Contractor's License 12581. The procedure for the appeal is provided in Sec- tion 5-7-6 B of the 1985 Englewood Municipal Code, "License, Certificate of Registration Denied; Appeal. In the event that an application for a license or certificate of registration is denied, the applicant May request a review of the application by the Board of AdjustMnt and Appeals. A fee of twenty ($20.00) shall accompany the appeal request, which a110unt shall be returned to the applicant in the event the Board orders issuance of the license.• Mrs. ROMans noted that the fee had been submitted by the applicant. Mr . Hai- don brought several docu.ents to the office for the Board's information after the packets had been distributed. They were entered Into the Record and given to the Board. Ms. Lighthall suggested a recess to read the documents; Mr. We 1 ker suggested that the case be presented and then an attempt be made to address the Exhibits. The Board agreed. Gary Yoder, Chief Building Inspector was sworn in for testl110ny . He referred to the Staff Report to the page listing the justification for denial of the license . The first section addressed failure to obtain a city perwlt prior to cOMMnclng work. A Stop Work Order was issued on 7-21-88 at 3369 South Grant to Englewood Roof i ng because work was In progress with no perwlt. At the tl .. the applicant applied for the perwlt for this project, It was discovered that Mr . Haldon 's license had expired, so he was also working without a valid contractor 's license . On the perwlt appl ication, work was Identified wi th certain areas of the roof (north and east side only), but the appl ican t also worked on portions of the south side of the roof . The Contractor also failed o request and obtain required Inspections . At the tl .. of the den1al of Mr . Hatdon 's license, the ca.puter showed a perw lt at 6Z5 East 'rand Avenue wh ich had been Inspected and rejected . Several ... ttngs had belft held 1"89arding thh roof and the City requlre - .. nts. That project has never received a final i nspect ion approva l fra. the City . Aft er the Ohhlon of Building and Safety uiled Mr . Haldon the notice that his license wa s revoked, a routine search of the Division files for outstanding non -app roved perwlts, found that several other per - •its lch had n ssued to Mr . Haldon had no Inspection request re · corded . Thes r ssued pr or to the Install at ion of the ca.puter sys · t . Th y hav n flnaled or nspected . There re sev n of th s per~~tts . I • • • the Building and Safety Division. Mr. Haidon refused to give the permit card to Mr. Yoder and left. There have been no other "field" •etings between Mr. Haidon and Mr. Yoder. Mr. Haidon had been notified of corrections required at the 625 East Grand Avenue project; however he maintained that the City is enforc - ing •unknown• sections of the Code. Mr. Yoder said he and his field per- sonnel have been hired by the City to enforce the adopted Codes and re - lated reference .aterials; when they atte.pted to do so, there were al - legations of abuse in withholding the contractor 's license. Mr . Yoder said that they told Mr . Haidon several ti.es that if he fails to obtain final inspections that he would not have his license renewed. The Code Adllinistrator, the Director of C~nity Develop~~ent, the Acting City Manager, and various ..-bars of City Council have been approached by Mr. Haidon about what Mr. Yoder considers a siiiiPle .atter--inspections are required and the per11it card 1111st be returned to the City to give the City a record of inspections and to insure that the cards are not used to avoid obtaining pen~its on other properties . Ms . Lighthall asked if it was true that when Mr. Haidon refused to give Mr . Yoder the per11it card, Mr . Yoder threatened to ca 11 the police and drag Mr. Haidon to City Hall . Mr. Yoder said he asked Mr. Haidon if it would be necessary to call the police because Mr . Haidon was getting very upset . He did not expect the police to force Mr . Haidon to go to City Hall. Ms. Lighthall asked if it was true that Mr . Yoder used profanity to an e.ployee of Mr . Haidon 's and threatened , inti•idated and harassed hi•. Mr . Yoder said there were three people at the site, Duane Davidson , Mr . Yoder and a representative fra. Englewood Roofing (not Mr . Haidon). Mr . Davidson and Mr . Yoder did not .ake any stat ... nts to Mr . Haidon 's t~~~Ployee about his character or his work, and left the job site. When they left, the .an was s till there. ... Mr . Yoder said the card has activity. It is kept on the I . - • • • • been three jobs for Hr . Haidon--one had been finaled with no problems on work that had been done on Lincoln street in 1986. This was an old job for which no inspection had been called. The second job was on Grant, where the work was rejected. On the third job, he discussed the require - ~nts with the person working on the site. There was no further information submitted by the staff. WilliaM Haidon 4685 South Logan was sworn in for testimony. He said that Mr . Yoder and Mr. Davidson had just presented lies or wrong infonaation. He said he had been working for days to obtain docu~ntatlon. Mr. Welker asked that Mr. Haidon go over the •aterlal presented, and explain his side of the case. Hr. Hal - don referred to a 111e110 fr011 Mr. Yoder to Walt Groditski on August 18, 1988 In which Mr. Yoder said: "I told both parties that I would at this time approve the reroof. Mr . Hohnhorst left the site at approxl•ately 10:30 a.•. I then told Mr. Haldon that he would need to proceed to the Division of Building and Safety to get his contractor license renewed. Mr . Haidon beca• very angry and told • he didn't give a da.n about his license. I requested the orange building penalt card so I could sign it and return it to our file and Mr . Haldon refused to give • the card. I attnpted to axplain to Mr. Haldon that we cannot allow per.it cards to re.aln In circulation after a job is COMPlete due to the pos - sibility that persons could post th .. at any site and persons driving by such as Inspectors would assu.. that a valid penait was Issued for whatever work was in progress at that site. At this t I• Mr . Hal don pointed his finger at • and stated 'I a. going to take care of you, you are going to end up sOMWhere that you wouldn 't want to be . Just stay away fro. • because you are going to be sorry.' At that point Mr . Haidon was ex - t,....ly angry and threatening and I asked h1• if it would be necessary to involve the police depart•nt due to his actions . He then replied , 'I'll get you ' and drove off ." Mr . Haidon said he had received a packet two MOnths before, when he filed his appeal . He got another packet th frid ay before the ... ting, whi ch was different fr011 th ftrst packet . He sa id that a court would require at least 10 days befor the hearing , and h protested th short notice . He referred again to t above par graph saying tt wu 95 Hes . Mr . Haidon said they h d 1so d scussed pay ing for th per. t, but Mr . Yod r thinks everyon el a 1 ar , and h dfdn ' 11 v that • Ha don had paid for the pen~~tt , Proof as su ted tha Mr . Ha don had, 1nd ed, paid for the per. t, nd It had n va\ dated on th bac of th per.lt , wh ich as unusual and lch le d to th aisund rstandlng • • 4 • • , I • • • • Mr. Yoder and gave it to him. Hr. Yoder wanted to take it, but Mr. Hai - don kept it. They argued and fought, Hr. Haidon said, and he took the card back. Mr. Yoder said to give back the card or he would call the police. Mr. Haidon said he replied that he wasn't going to give back the card. Mr. Yoder said that he had to go over to City Hall, which he re - fused to do. Mr. Haidon said he had a meeting with Mr. Wanush and Hr. Groditski on the 27th. He told them at that time that the job was ready for inspection. They did not •ake the inspection. Mr. Hatdon questioned the process of going back three years for inspections, on jobs for which he said he had requested inspections . Mr. Hatdon left when Mr. Yoder threatened ht• with the police. Mr. Hatdon said that Mr. Yoder accused hi• of threatening him. Mr . Hat- don dented this, but adllttted he kept the red card (per.tt card). He also dented pointing his finger at Mr. Yoder and saying that he did not say the things he was accused of saying in Mr . Yoder's ..a. He said that he would sue if these stata.ents were not withdrawn . Mr. Welker asked that the specifics of the dental be addressed . He asked about not having a per.tt when work was begun at 3369 South Grant . Mr . Hatdon said he forgot to get the per.tt and that his license had not been renewed. He said he had not put up a fake per.it card, he had considered the custa.er the contractor . Mr . Dav i dson put up a Stop Work Order , and work was stopped . He went to get the per.tt the next .orntng . The per - •tt was issued on the next day on the work that was to be done ; there was no att.-pt to conceal . Work had been done years before by another con - tractor and it was not done properly, but this was not what Mr . Hatdon was responsible for . The red card wu issued and posted . The card h posted on every job he does, he said, if it doesn 't get lost. He said that he is a bona fide roofer , but has been 111 , and he •goofed• on ob - taining the contractor 's license . He sa i d the Depart .. nt of Bu t ldtng and Safety had never had a COIIIPla l nt about hi •, and quest i oned why he was being harassed . • I . • • • or they stay on the house. A roofing job, in his opinion, does not need the card because there is only one inspection. There is also a problem of providing the ladders for inspectors. Ms. Lighthall asked why inspec- tions weren't requested and requested a second time if there is no response. Mr. Ha1don said he does call for inspections, but for years the City did not inspect roofs. On the job at 4247 South Lincoln, he called for an inspection. He said he got a registered letter saying that the City wanted to 1 nspect the premises. He ca 11 ed for the 1 nspect 1 on, took a ladder and waited about an hour and a half, nobody ca.e. He went back, left the ladder and left again. The inspector never ca.e and he didn't ca.e to the 7-11 and Vickers jobs. He said he had called in for inspec- tions, but the contractor can't .. et the inspectors because the inspec - tors can cOM any t 1111e they want to. He said that on Grant, his man .. ssed the job up; he (Mr. Ha1don) ca.pleted the job h1•self and called for an inspection. There was a big rain and the custa.er called and said the roof leaked. Although an inspector had already been called, Mr. Hal - don went out to fix this roof and no inspector c.... He said he couldn 't wait for days and days and keep calling for Inspections. Mr. Ha1don said that Mr. Yoder had not offered to renew the license with certain conditions before the ... t1ng, but repeatedly provoked Mr . Hal - don . Ms . Shaffer referred to the job at 625 East Grand wherein certain requ1~nts were .. de . She asked If that work had been done . Mr . Hal - don said he received two or three letters on that job . He said he had not done the work because the requ1re.ants were unnecessary . He said he was required to raise the valleys up and seal under the valleys . The valleys , In his opinion, ... t standards 110re str\ft91nt than the Engle - wood codes . The shingles are self -sealing . He said he hadn 't gone back to the Job because he was sick of it, and the roof hn 't leaking . He said that he had presented his bill late becaus he wa s wa i t i ng to see if the roof would leak , and it has not . He said that the perw1t isn 't f1naled because the requ i nts are not correct and he ha s been working on the other cas . He noted that on th other sid of the roof Mr . David son ha s reque s ted s unnec ss ary chang - es , the correct i on not i ce is wrong . He sa id ha s n bu y wi th oth r work . • • • • he would not be involved. He said it is very unfortunate that all this happened because he forgot to renew his license. Ms. Shaffer asked whether if the license were renewed Mr. Haidon could cooperate with the Building Depart.ent and meet the requirements of the codes. He said he had been doing so for 14 years. Ms. Shaffer asked whether he would be able to do the work the way the Building Department interpreted as the correct way . She asked if he could cooperate with the inspectors who are etiPloyed by the City. Mr. Haidon stressed the dif- ference between violations and alleged violations. He said he believed they could get along since they had had this experience. He said the Building Depart .. nt is not going by the Code. Mr. Welker asked if part of the differences with the inspectors is that they are requiring work to be done differently fra. the requira.ents of the UBC. Mr . Haidon agreed, saying that if changes are .. de they should be published. He said these were not changes, but deaands . Mr . Seywour said that it 1s up to the contractor to keep abreast of changes. Mr . Welker said the probl .. s s ... to be with Mr . Haidon's follow ing the rules for obtaining pen.its and returning the per.it cards. Mr . Haidon said he never returns cards and it's never been required by the Build ing Depart- .. nt. Ms . Lighthall said that Mr . Yoder had directly asked for the card and Mr. Hatdon refused. Mr. Hatdon said that tt Isn't in the Code. Ms. Lighthall satd they were talking about the operating procedures of the Building Oepart..nt. Mr . Hatdon said that tt was never the operating procedure of the Building Depart .. nt in hts 14 years, and they can 't change that today . Mr . Welker asked if Mr . Hatdon would ... t the re - qut,_,.ts tf he understands th... Mr . Hatdon satd he would tf he ts nottfted that the laws have been passed, and asked tf he could get a re - port that the job has passed the final Inspection. Mr. Hatdon satd the card .. s needed for hts custo-.rs, and the Building Depart-.nt refused to not t fy ht• when the job passed . Mr . Welker asked tf Mr . Hatdon had any further ca..ents. Mr . Hatdon satd he wanted a ruling on the quoted paragraph and to have Mr . Yoder prove the paragraph and docu..nt tt or to withdraw lt. Ms . Lighthall satd that the •door swings both ways•, and that docu.entatton could be required of ht•. Mr . Hatdon agreed . He satd that nobody s .. s to under stand the r Mr . Yoder has In a co.ple te staff and th cod , and he can do a lot of wrong accidentally or on purpos • • 'I • I . • • • wfth trimmings. The direction sheet shall contain c0111plete information giving full details which shall include reference to the proper type of nails, head fasteners, and if necessary, to the method of nailing an at-tach~~ent with tab fasteners. • Mr. Yoder said that the manufacturer's directions are contained on each bundle of shingles, and they must be followed. The directions also relate to a •anual put out by the Asphalt Shingle Roofing Manufacturer's group. It can be obtained by calling the listed 800 nllllber. Ms. Lighthall asked if that 11eant that these direc-tions are part of the Englewood Building Code. Mr. Yoder agreed. Mr. Se~ur asked if those "alleged violations• are caused by the manual which is the Ca.panion Manual. Mr. Yoder said they are referenced to the .. nufacturer's instructions. Mr. llaldllln asked who decides what kind of roofing ts used . Mr . Yoder said there are lt•ttattons In the Code as to what kind of roofing can be used . Ms . Shaffer asked to have the process Is explained. Mr. Yoder said the City requires that the roof be inspected prior to the application of a new product. That per.tts the Depart~~ent to .. ke sure that the ~ Is sound, there are not too .. ny layers, and that probl .. s can be taken care of prior to the roof's installation. The per.it card ts to be posted on the street side of the structure where It can be reached by the Inspector for signature . If there are requtre.ents to be .. t there -.y be three Inspections. When the work Is ca.pleted satisfac - torily, the card Is signed and taken back to the office . A slip is Is - sued to the Per.it Technicians that the Job has been flnaled and can be cleared ,,.. the ca.puter. Then It all voes Into a hard, per-.nent ftle. Soleti .. s a record Is given to an owner or contractor ---~ a Certifi - cate of Occupancy Is required (doesn 't Include roofing), or the contrac - tor or a.ner .. Y ask for a copy of the Inspection reports. It Is also ava ilable in public flies. When an inspection ts called in before 4 :00 p .•.• inspecttons are lllde the next day . Records are bpt of all the Inspections requested and lllde. If it were the Otpart-.nt 's ca.on prac - tice, Mr . Yoder said, not to kMp the appainU...ts, they wovld not be IIIPloyed . Even tilled appaint-.nts are rarely •lssed . Building Code re - quires that the contractor request hts inspections and provide access for the tnspectfon . • • • 0 ) I . • • • work should be done. The purpose of that meeting was to get a final in- spection so that Mr. Haidon could be paid. That was done, but Mr. Haidon would not surrender the card. Mr. Seywour asked what Mr. Haidon would have to do to get his license. Mr. Yoder said that if Mr. Haidon is granted permission to obtain a license, all pen~it cards should be returned to the office, inspections Made for the outstanding cards, and access must be provided. Any correc - tions .ust be fixed, especially those at 625 East Grand. Mr. Welker asked how the issues would be resolved if the 1 icense were denied. Mr. Yoder said if there were problems of major concern they •ight have to be resolved in court. Mr. Waldman asked if a contractor is licensed, but does poor work, must the DepartMent wait until the license renewal date, or can permits be denied based on the contractor's record . Mr. Yoder says there is nothing in the Code allowing denial of permits without going to a hearing of a City licensing board. That is the City's only alternative if there 1s a violation of the Building or Municipal Code before a renewal is required . Mr. Welker referred to Section 5-7-11 of the Englewood Municipal Code, concerning Suspension or Revocation. Two items are reasons for pulling the license --willfully disregarding a requirement of the Englewood Municipal Code, and failure or refusal to obtain 1 permit for any work or job. Mr . Yoder said those were reasons to deny the license . Mr . Yoder said they were part of the justification . Mr . Seywour asked about failing to obey a verbal order . Mr . Yoder said that occurred at the .. eting on Grant Street . Mr . Yoder said that if the license is renewed, there are specific projects that must be ca.plet - ed, and the cards must be returned . If sa.. of the cards have been lost, the Oepart .. nt can gene r ate new one s to record In s pect i on s. When the job ts flnaled the card can be filed . Mr . Yoder satd that it is po s - sible for the problems to be solved , but the work would have to be done and Mr . Haidon would have to comply wtth th Department 's interpretation of the require.ents of the Butldtng Code . a I -• • • Mr. Haidon left the room and the Chairman declared a five minute recess at 10:00 p.m . The meeting reconvened at 10 :05 with the same persons present. Mr. Yoder continued to speak, addressing the disputed paragraph in his .e.o. He said he had been requested to report in writing what transpired and he did so as soon as he got back to the office. He declined to change his stata.ent. There were no further questions. Mr. Haidon returned to the stand . Mr. Welker said that Mr. Haidon could address questions to Mr. Yoder and asked that the five remaining points be addressed. Mr . Haidon said that Mr. Yoder had stated a number of half truths and he wanted to respond to each item. What was required on Grand Avenue was an open valley . He said the books are not available . He said that he knows the manufacturer's book, and he is not in violation . The order fr011 the Building Department is not according to the Code for an open valley, and the roof on Grant Is a closed valley. He said the in - spectors do not understand roofing and they don 't want to admit it. Mr . Haidon said he has not laid an open valley for years. He stressed that, while the book may be part of the Code, he is not In violation . In addi - tion, the Code clearly states, Mr. Haidon said, that the Building Inspec - tor Is required to give a report, and Mr. Yoder refused to issue a report after the inspection and before the inspection . Mr . Davidson returned to the stand with a copy of the manufacturer 's book . He said that he .. t with Mr . Haidon and Mr. Yoder at the Grand addres s after he had Inspected the lincoln property . He gave Mr . Haidon a verbal explana - tion of the problems at the property . There were two different problems . They went to the roof, Mr . Davidson pointed out things that would have beeft a problem if Mr . Hatdon had been the con tractor who had done the work, such as exposed naIls . The purpose of doIng this was to let Mr . Haldon know what kinds of things were expected. He showed Mr . Haldon pictures of the closed cut valley, and Mr. Dav idson described the proces of Installing It, requir ing that asphalt roofing c ... nt be put at th cut to seal tt. Mr . Haldon i nterrupted to s ay the s hingle s ar self -stal ing. • to • I • • • Mr. Haldon said that he would have too many layers of roofing if he met the requirement. Mr. Welker asked about the sealing. Mr. Haidon said that 98% of the roofers do not do it. Mr. Welker said that the point was that Mr. Davidson had Instructed him to do it. Mr. Haidon said the Instructions were not on his package of •aterials. Mr. Haldon said that when Mr. Davidson in- structed hi• to seal the roof, he replied that it was unnecessary to seal. He said the roof Is tight and has been for over a year. Mr. Welker said that the roof wasn't tight If Mr. Davidson could 11ft it. Mr . Davidson said that Mr. Haldon said he hadn't finished the job because he hadn't been paid, and Mr. Davidson said further that he was able to pick up part of the roof, and the other valley was not co.plete. Mr. Haldon said that the part that was picked up was just a piece of Material lying on the roof, and that the roofing under It was the actual work done. He said he told Mr . Davidson that he didn 't want to nail near the valley . He objected to having to "nitpick" over this work in order to get a license . He said nobody else had to ... t these requlr..ents . Mr . Haldon said that when a Stop Work Order is Issued, there Is required to be a Stop Work Order Inves - tigation. He said he had been accused of not putting inforMation on the per - •lt application, and repeated that these were t.--pec: up charges. He said that he obtained the pe~it on the 22nd, and posted the card on the 22nd, 23rd and Z4th . Monday "false clal•s• were written on the pe~lt card, the job was co.pleted the neiCt day , and he raoved the card. He did not call for an Inspection, but he told Mr . Vanush, Mr . Grodltskl, etc . that the job was ca.· pleted . The directions were bogus because there re no infractions . There were not •ny na I 1s e•posed, but only one . The Board asked to sH the card, and Mr . Haidon showed It to tha . Mr . lker read fro. the back of the card . •7 -ZZ·II, Friday, Reroof . Pe~lt A·l06ZI. 3369 South Grant, General Contrac - tor, Entle.ood Rooflnt.• 011 the back, •7 -ZS -11 . DO (Initials). Reject roof. Failed to re.ove old top cap shlntles . Didn 't set nails after raoval of old roof . Didn't provide felt ( ) wtth reroof less that 4-lZ . cor - rect 1st row and no starter s rip south re correct "9 ot rs •ista es aftd no tal flash "9 · The flu at front do r roof . Top Cap bposure h ex · cesstve . D. Davidson 7/ZS/11 .• • • • the "nitpicking". He said there have been many complaints about the Depart- ment of Building and Safety . Mr. Seymour said there have not been more than three cases in the years he has been on the Board . Mr. Haidon said he only came to the Board instead of going to Court because he respects the place he lives in. Mr. Seymour said that going to the Board is part of the due process. Mr. Haidon said that one •an had taken away his civil rights, and there are no statutes that say that can be done . He said he had not had due process. Ms. Lighthall objected saying there had already been a three hour hearing. Mr. Seywour said that Mr . Hatdon had spoken for three hours; and Ms. Lighthall said that equal opportunity to speak had been given to Mr. Hatdon, and that tf he wanted a license he will have to ca.ply. Mr . Hatdon dented that he had equal opportunity. Mr . Yoder had been asked about the Codes, and had only sublttted half-truths . Ms . Shaffer asked tf the things requested would be done tf the Board granted the license . He said he would do tt, but had not done tt tn the past because Mr. Yoder tried to harass ht•. He said he was at the appeal because the Building Depart .. nt wanted to fight with hi•, but he would co.ply. Mr. Welker asked tf anyone else wished to speak . Roger Koltay 4701 South Logan Ther was sworn in for testt.ony . He said he was attending the .. eting for two reasons. He is a Counctl .. n, and Mr . Hatdon ts his neighbor . He Is the neighbor who had a roof installed by Mr . Haidon about two years before . He said he does not know If the roof wu Inspected, but two years have passed . It would be a bunhn to ht• to have to work wtth the Butlding Oepart.ent . If the work wa s not done properly , It beco.es his probl ... He asked that regardless of the license hearing, that the Board advise the Building Otpartlent to close those put pe~tts and only deal wi th the present Issues . He noted that he pa id for the work , and the roof hasn t leaked in two years . He h hapt~y wtth the work , and t~otMts th Build ing Otpart.ent does not go ba ck to hi• and say th r Is not up to Code . re no stat nts f Mr . Davidson or Mr . Yodtr . . l ·. - • • • • • could appeal to the Board case-by-use . Mr . Haidon said the Board had ac - cepted stata.ents that were not bona fide code. Mr. Wald•an asked Mr. Yoder if there is a method of appeal concerning a par - ticular code. Mr. Yoder said they had discussed the sections with Mr . Haidon over and over. The sections on closed cut valley sealing have been discussed with the Manufacturer's Association and the •anufacturer, and they both agreed with the Building Division. He so informed Mr . Haidon, offering to supply phone nu.bers, but Mr. Haidon was not interested. Mr. Yoder said there are cases where an individual ca.es with docu•nted proof that a uterial will .. et the design or installation of the code. Barring that, the next step is the Board of Appeals. The applicant tore up the per.it card and left the hearing . The Chair.an closed the public hearing . BOARD MOllER SEYIOIR DED, MD BOARD MEJeER LIGHTHALL SECOfi)ED, THAT WILLIAM HAIDON Of ENGLEWOOD ROOFING, 4685 SOUTH LOGAN STREET, BE GRANTED AN APPEA L FROM THE CHIEF BUILDING INSPECTOR 'S DECISION TO DENY THE RENEWAL Of MR. HAl - DOH'S CLASS D-Z ROOFING CONTRACTOR'S LICENSE 12581. THIS PROCEDURE HAD BEEN PROVIDED FOR IN SECTION 5-7-6 B Of THE 1985 ENGLEWOOD MUNICIPAL CODE. The Chair.an stated that careful consideration should be given to the case, particularly with regard to the findings of Fact for an Appeal . He asked that the _..rs be specific . Mr. Welker read the standards for appeal: 1. The Board has only the s-discretion as the e~~ployH uking the ortgtnal decision. Z. The Board •st follow the s-guidelines as the e~~ployHs, but uy uke an tndepeftdeftt decision . 3 . The Board •st deter.tne that the dechton was reasonable tn view of the rules, guidelines and facts . 4 . Appellant •st show clear and convincing evtdtftce that : a . There ts no injury. b. The dectston is tn harwM~y wtth the purpose of the Code. c . OVerr\11 tng the d ctston uld pr0110tt health of Englewood the s as the literal enforc nt provtstons . Otscusston foll tng s foll tn t r vottl nd av th tr fl • I . • • • • Ms. Lighthall agreed with Mr. Se~ur, adding that it is clear that even if the license were restored, he would be unable to work with the staff. She said she had, therefore, voted "no•. Mrs. Dunn said she voted "no• because there was no clear evidence that there would be no injury. It is unlikely that Mr. Haidon would be able to work with the Building Depart.ent. Ms. Shaffer said she voted in opposition to the appeal because Mr. Haidon does not , ... to be willing to correct his errors, and it s ... s unlikely that he would in the future work to ... t safety standards of the Building Code. Mr. Valdlun said that Mr. Haidon see.d to hold h111Self above the law and 1t did not s ... that he would uphold the guidelines of the code; he therefore voted qainst the appeal. Mr . Velker said he had hoped that Mr. Haidon would be able and willing to ••t requi,.....ts in the future, but in hearing the case, Mr. Velker discovered that Mr. Haidon had the experience and opportunity to know and understand the requt,_..ts of the Depart.ent, and he dtd not whh to follow those require - .... ts . Mr . Haidoft accused the Depart....t of lutldtng and Safety of t11proper behavior, but he dtd not apply properly for per.tts, dtd not call for tnspec - ttons, and dtd not acknowleclte the rtght of Englewod to establish the way thtngs are done . 5ranting a ftcense would condone that behavtor and encourage tt . Mr . Velker voted qainst the appeal Vheft the votes wre displayed, all stx vottftg ....,." voted tn oppostt i on, wtth OM ......,. abstahting . The Chai,.n ruled that the appeal was dented , Md asllecl that staff Mttfy the .,.nut . lltere wre RO c-ts f,.. the Director or the Attorftey . loard '1 Choice . . .._lker thlftllecl peop l e tn the auclt enc e for atteftd i ng . Mr . Velker sa i d that the COUIK tl ha s asllecl for a vol un tHr for a c-t ttH to review Codes . Mr . .._lker satd he would represent tltt loard and wou l d wl c-rec~atton s . The .. t t "' ldjoureed at lJ :35 P·•· . l . I . • • • Englewood Parks and Recreation Commission Minutes of November 10, 1988 The regular monthly meeting of the Englewood Parks and Recreation Commission was called to order at 5:35 p.m . by Chairman Neyer at the Englewood Municipal Golf Course Clubhouse . Members present : Armstrong, Braucht, Clayton, Comes, Hathaway, Kozacek, Neyer, Ramelow, Kuhn, ex officio Members absent: Wi&gins Also present: Jim Kavinsky, Parks Superintendent LuAnne Mickelson, Recreation Supervisor Ken Ballard, Recreation Supervisor Jerrell Black, Recreation Supervisor Chairman Neyer introduced and welcomed Ray.ond Ramelov to the Commission as the new Youth Heaber replacing Robyn Vanderleeat. Chairaan Neyer asked if there were any additions or corrections to the ainutes of October 13, 1988. There were none . A aotion vas aade and s cond d that the minutes be approved as presented . The aotion passed unaniaously . Director Kuhn stated that Recreation Supervisors Hickelaon, Ballard and Black are present tonight to diacusa proposed recreation f a for 1989 uhn sta d that a recreation progr .. fee aurvey haa been conducted which City Council requeata be don annually . R creation Superviaor Jallsrd a a ad that th R creation Canter edalssion !ees have hed no lnereas alnce th er op . d in Karch o 191S vlth the excep ion o! aqua lcs adalaalon . la r c~ndlng adalsalon •• lnereaaes of 2S cents. I • 9 84 • • • their policy to close Miller Building be reconsidered with the option of trying to recover the costs by adding additional classes or other means of cost recovery . The motion passed unanimously . Recreation Supervisor Black stated that in the event that Miller Building remains open, one means of cost recovery that he is considering is to rent space at Miller to private groups as much as possible . Director Kuhn stated that the Traffic Engineers occupy a portion of Miller Building, and utility costs for that division have been charged to the Parks and Recreation Department. Kuhn stated that he is presently trying to get a reading on utility costs for the office space and traffic controls utilized by the Traffic Division . Following further discussion, Commissioner Armstrong made a motion , seconded by Youth Commissioner Hathaway, to accept and recomm e nd to City Council for approval the program fee increases for aquatics, youth and c ultural programs as presanted by Recreation Superviaor Blac k in his memo to Leon Kuhn dated October 26, 1988. The motion passed unanimously . Recreation Supervisor Mi ckelson reviewed the Kallay Center fees and charges survey and progr .. fees reco ... nded by staff for 1989 . Mickelson stated that all Kallay prograa. recover 100' of direct costs with the exception of the Limitless Fitnesa class and the volleyball league team fees . Mickelson stated that the league team fees are baing investigated for possible cost sharing with other senior recreation centers. Mickelson stated that Kallay Center is he only senior center that does not char&• a higher fee for non -residents. co .. issloner Kozacek aade a motion, seconded by Commissioner Co.es, to accept staff's reco ... ndatlons for the Kelley Senior Center program fees for 1989 and that there vlll b no chana• in the present fee structure regarding residents and non-ruldants . The motion passed u.nanlmoutly . Discussion ensuad vhlch inel~d possibilities of charalng a non·rasiden fa a Kall y Can er or non ·resldents enrollin& in classes and progr .... 1 •l&ht be approprla • to clarify '' ln the prograaa broch\.lr .. , the hidden datet11l. d so the partlclpents n re&"'lar r r a Lon proaraaa and d that lt aay necessary t o o b r in h ln Hn l t h tnelet r Pool • • • Director Kuhn stated that staff is recomm e nding that there be no golf f e e inc reases for 1989 since the current fees are competitive with other metro area courses . Following discussion, Commissioner Koza c ek made a motion , s econded by Youth Commissioner Hathaway, to accept staff's recommendation t hat there be no increases in golf fees for 1989 . The motion passed unanimously. Recreation Supervisor Black reported that on October 29 attendance at the "Fall Fling• dance for middle school students was more diversified than at the "Spring Shuffle " with 44 students from Flood , 14 from Sinclair , 10 from St . Louis and 1 from Jefferson County . Commissioner Clayton suggested charging a nominal admission fee to the dance with separate charges for food instead of one higher fee which includes food . Black reported that the Halloween Carnival, which is a new program this year for ages 1 -S, was vary s ucces s ful with 75 kids plus parents attending . Thera ware 12 booths, including a fi shing booth, c ake walk and sponge throw . He stat e d t he p r ogram will be offered again ne xt y e ar and the age limit will b e f o r age s l -6 . Black thanked the Malley staff and the Recreation Center s taff f or aann i ng the booths and he l ping in o t h e r areas. Director Kuhn state d t hat he will present a t the n ext me e t i ng h is raco-ndations f or guidal i nas for c o-arcial a dv e rtising . Parks Sup t. Kav i n sky re po rted on al ternate p ark budget cuts ($10,000) in lieu of fertilizer budget cuts . He stated that Agricultural Suppliea were reduced by $1,500; Other Miscallanaoua Su pp lie1 by $2,000; Bu i lding Materials by $1,500; £1 ctrical Suppliaa by $1,200; Pluabing Suppliaa by $800; Irrigation Suppliaa by $1,500; Other Repair & Maintenance Sup p llat by $1,500 . Kavin1ky atatad that na v prograaa vith regard to aaintananca are baing 1apl ... ntad a nd can acc~data the budget reductions in tha1a araaa . co .. ia•ionar Clayton raco..an4ad uaing "Xari1capa• for land1caping o the nav downtown pa rking a re a on Aco.a . Dhcuaaion anauad . Director C.ntar haa be tha ha alta $9 .50/lq . f • appr laal at uhn reported that th appra isal Cor the land orth o Kallay n racaiv d froa lntar.ountain Apprallal Servlca1 . Ka atatad 1• 9,375 sq . ft . and the a ppra l• d value la $90,000, or Ha atat d the tb Kallay Trua Fund C ittea vlll dlacual the lr .. tlng nax k . I . • • • time and the greens would be corded off to prevent damage to the course. Director Kuhn stated he will check with the golf course manager and investigate the possibilities . Commissioner Kozacek discussed advantages to the City in locating a water world facility in the Englewood area, possibly at Centennial Park or in the area of the South Drive-In location at Belleview end Winder.ere. There was also discussion of a fishing sanctuary at McClellan Reservoir . Co.aiasioner co .. s stated he received a letter froa for.er Mayor Otis thanking the co .. ission for honoring ht. with a lifeti .. golf pass . Chairman Neyer received a si•ilar letter fro. for.er co .. ission Chairaan Poole . Youth Co.aissioner Hathaway requested that he and other Co.aission .. abers receive a copy of the policy for renting the Recreation Center facility. There was so .. discussion regarding possible use of the Recreation Center after hours by unauthorized individuals . Director Kuhn requested anyone observing such activity to call hia at ho.e t..ediately . Coaaissioner Clayton inforaed the Coaaission that the new golf course concessionaire is currently working under an intaria aaree .. nt because the liquor licenae application has been delayed . The .. etlng was adjourned at 1 :15 p .a . Linda Vllka , bcordlng Sec retary • - • • • • CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION December 13, 1988 I. CALL TO ORDER. D R A F T The regular .eeting of the City Planning and Zoning Commission was called to order by Chairman Doyet Barbre at 7:00 P.M. Members present: Fish, Such, Tobin, Volkema, Carson, Barbre , Draper Wanush, Ex-officio Members absent: Schultz Also present: Assistant Director of Co.-unity Development D. A. Romans Senior Planner Susan Hirsch Assistant City Attorney Dan Brotz•an 9 c~ Mr . Barbre outlined the procedure to be followed during the course of the .. ettng, and stated that the COMMission ts authorized to function as the fact finding hearing agency on all rezoning and subdivision applications; to make written findings and recOMMendations to the City Council regarding a Plann ed Oevelo~nt District; approval of conditional uses; approval of adaptive reuse of historical buildings, and other si•ilar .atters relating to land use in the Ctty of Englewood. II. Mr . Barbre stated that the Minutes of Dec for approval. r 6, 1988 rt to considered Draper -oved: Canon seconded: Th Minu t es of Dec: r 6, 1988 tM approved as wri t n. Such, Tobtn, Vol , 81rbre, C1rso , Dr Ptr, 1 sh IJJ • . l . • • • AVES : Such , Tobin , Volkema, Barbre, Car son, Draper , Fi sh NAVS : None ABSEN T: Schultz ABSTAIN : None The mo tion carried . IV. SWEDISH MEDICAL CENTER PLANNED DEVELOPMENT VACATION OF S. 366.10' OF 3400 BLOCK SOUTH PENN. VACATION OF N. 375' OF 3400 S. PENN/5. LOGAN ALLEY CASE 114-88 CASE 118-88 CASE 119 -88 Mr. Barbre stated that the Public Hearing on the Planned Development s ub mi tted by Swed is h Med ic al Center had been opened on Nove mber 15 , 1988, and cont inued to t his date . Mr . Barbre outl i ned the procedure that is followed dur i ng ad- mi nis trat i ve hear i ng s . Mr . Barbre noted that wh i le only Case 114 -88 i s an ac t ua l Pu bl ic He ar in g , th e r equested va cation i ssues are i nt err ela t ed to t he overall deve l o~n t pl an su~i tt ed by th e appl icant, and will be considered at the same ti.a. Separate decisions wi l l be required on each request, however. Mr. Volke.a stat ed that he is President of the Swedish Corona Cooperative, but there is no affiliation between the Swedish Corona Cooperative and the Swedish dical Center. Therefore, he is of the opinion that there will be no con - flict on his part In hearing and voting on •atters before the Commission sub - •ltted by the S dish Medical Center. Mr . Barbr asked If there was verification of the Posting by the applicant. Ms . Susan Hirsch was s rn In, and t stifled that corr ct and accurate posting of the prop rty In seven locations 15 days prior to the dat of this meeting has n verified. . ' I -• • • with the alley will be dedicated by SMC. This access route from South logan Street will also provide access to motorists accessing the southern part of the parking structure. The vacations will provide for sufficient internal circulation for vehicular and pedestrian traffic. Ms. Hirsch stated that all three issues before the Commission tonight have been considered by the Technical Review Committee. Members of this Committee have requested that ease.ents be retained for utilities and drainage in the 3400 block of South Pennsylvania Street. The applicant has submitted legal descriptions for the areas to be vacated and the easements to be retained. Ms. Hirsch stated that the applicant has agreed to upgrade the signalization on South logan Street at East Girard Avenue and at East Hampden Avenue. While the through traffic presently using the 3400 block of South Pennsylvania Street is •ini•al, the closure of this street to through traffic will have an impact on the adjacent streets, and the upgrading of the signalization is an effort to •ini•ize that i~act. Ms. Hirsch stated that 251 of the area is required to be landscaped, but SMC will be landscaping 301 of the area, ---all in living material. Ms . Hirsch addressed so.e variations in setbacks that are proposed under the Planned Oevelo~nt. Ms. Hirsch asked that the Staff Reports for Case 114 -88, Case 118 -88, and Case 119 -88 be entered into the record of this Hearing. Mr . Fish s tated that while the setback for a three -story structure is 15 f eet, the setback for a six -story structure would be 25 feet . Ms . Hirsch agreed . Mr. Fish asked how it was detenained that the traffic using the alley and South Pennsylvania is •iniaal. Ms. Hirsch stated that traffic studies have ben su~ltted by the applicant, and verification has ben aade by th Ci ty Traffic Engineer . Mr . Fish as ked about the setback variation on the develo~n adjacent to th property owned by Mr . and Mrs . Dunn . Ms . Hirsch stated that the r qu s t Is f or a 3 fo ot se tba ck rath r than the required IS foot s tba c . I • I . • • • of the Swedi s h Medical Center personnel for being allowed to partic i pate in the planning process for the development of the medical campus. Hr . Roccaforte presented a slide show, indicating the three areas of i mminent development : The Medical Office Building II , which will be five stori e s i n height, and off i ce approximately 40 physicians; the neuro -sensory center wi ll also be quartered i n HOB II; the parking structure, which will initially be three and one -half stories and contain 31Z parking spaces ; and the addit i on to the hosp i tal itself on the we st side for the ICU center . Hr. Roccaforte c i ted reasons to request the vacation of the South Logan /So uth Pennsylvania alley, these reasons being: (1) the importance of prov i d i ng a protected pedestrian/patient walkway from the parking building to the ho s pi tal structure itself; (Z) the provision of a southern entrance to the park i ng s tructure and the dock/loading area of the hospital itself which will be ser - viced from thi s po i nt of acces s; (3) acce ss from the north to the park i ng s tructu r e and the s urfa ce park i ng area s in existence . Hr . Ro cc aforte s tated that th ey wi ll make ev e ry effort to preserv e some of the "hist orical" t rees i n the area, an d in dic ated areas that wi ll be landscaped in conjunc t io n with t he deve l opment pl an. Hr. Roccaforte stated th at the addition pr oposed to the hos pi t al itself will be an expansion of the Intensive Care Unit. The present IC U was constructed in the early 1970's, and needs to be upgraded and .adernized . Hr. Roccaforte emphasized that the ICU needs to be loca t ed in t his proposed area because of internal adjacencies to support units in the hospital. Hr. Roccaforte addressed the vacation of South Pennsylvania Street, citing three reasons for this request: (1) architectural constra ints in the addition to the hospital; (2) protected pedestrian access f~ the parking structure to the hospital Itself; (3) the loading dock service Is Oft t he st side of the struc t ure . At the present tt ... Mr. Roccaforte stated that the delivery trucks have to back tn froa South P nnsylvan a Street, tch Is not a safe practice. This will bring the del very true s In froa South logan Street, and provide .. n uverlng space fr froa through traffic . S dish Medical Center w 11 d velop a cul d sac on South Pennsylvan 1 Str which wtll serv lh Dunn propertt s on South P nnsylvtnia Str e . will t i nt In th portion of th str that s not vactted, such .. tn nance to Include sn vtl , light ng, r p ir of po hol s, etc. to s ral n· • • • I . • • ,. the portion that is proposed for development; the total site may not be devel- oped immediately. They do need a corridor for emergency access to the inten- sive care area. Mr. Roccaforte stated that Ms. Mary Smith, Ms. Vonnie Holgaard, Hr. Harris Cohn, Dr. Bob Gillespie, and Hr. Nick Hilger would be addressing the Commission. Ms. Mary Smith was sworn in, and testified that she has been employed by Swedish Medical Center for 10 years, 5.5 years of that time in the intensive care unit. She stated that she is now the critical care educator. The ICU has Z6 bed capacity now, only 1Z of which are private beds. However, the rooms for the private beds are too small; there is no privacy for the remain- ing 14 beds. State-of-the-art medical equipment dictates larger rooms, and a modernization of the entire ICU. Renovation of the existing facilities was considered, but to reach the minimum room size needed, the number of beds would be reduced. The ICU needs to be on the same floor with the support ser - vices needed by ICU patients, such as X-ray, and labs. Ms. Smith stated that they want to improve the care for ICU patients, and urged approval of the development plans. Ms. Vonnie Holgaard was sworn in, and testified that she Is the director of radiology at SHC. She stated that she Is a Z8 year employee of the Hospital . Ms . Holgaard stated that hospitals are now seeing .are critically Ill pati ent s and need .odern facilities to care for these people. Additional parking facilities are needed for the hospital staff and physicians, as well as the visitor and out -patients who frequent the hospital . I • • .. ICU for other reasons. Dr. Gillespie addressed the need for a catherization laboratory in conjunction with the coronary care unit, and the need to upgrade the monitoring system. Dr . Gillespie stated that the protected pedestrian access from the parking structures to the hospital is important, and cited t he unsafe conditions experienced by persons parking in the parking structure south of East Ha mpden Avenue who must cross the street at -grade. Hr. Nick Hilger was sworn in , and testified that he is President and CEO of the SMC. Hr. Hilg e r stated that all of the expans i on proposed on the south - west part of the hospital will be ICU related; a small part will be the catherization laboratory for the coronary care unit . Hr . Hilger stated that SHC is trying to be good citizens of Englewood. This planning process was begun last March , and hospital personnel are trying to do what i s r equ i red of them to make this a first class me di cal in s t i tution . Hr . Barbre asked i f there were furth er qu es t i ons from t he Commission. No fur- ther question s wer e as ked . Mr . Bar bre the n as ked if anyone else i n the au- dience wished t o s peak i n favor of th e proposal. No one e l se s poke in fa vor of the propo sed Pl anned Dev el opmen t . Mr . Barbre th en as ked i f the r e were ~rs of the audience who wished to s pea k i n opposition. Mr. R. M. Huckeby addressed the Ca.aisston, and stated that as ln lttorn y representing Mr. and Mrs. Dunn, he did not need to be s rn in . Mr. Barbre pointed out that If Mr. Hue eby wanted the Ca..tsslon to rt9ard is s t ate.ents as sworn testimony and to be tak n into constd rat on n any ci· sions th at are .ade, he will have to be s rn fn. Mr. Huckeby stated that he will no be pr s ntlng testi ny, nor wi ll presenting any witnesses. He SU99 sled that will be offer ng h s and advice to t Board. • • .. proposals of SHC have created an "octopus" encircling the properties owned by Mr. and Mrs. Dunn; amenities such as a through street and an alley are be i ng taken away froN the Dunns by the proposed Planned Development. By vacating the south portion of South Pennsylvania Street, and allowing SHC to as su me ma i ntenance of the remaining portion of the dedicated street, the Dunns wil l be living on a "private" street that isn 't really private. Who can Mr . and Mr s. Dunn call if the snow i s not removed, or if a pot hole is not repai r ed ; it will not be the responsibility of the City to do these things i f Swed i sh is given that responsibility . Mr. Huckeby stated that the Ordinance governing Planned Developments wa s f i r st enacted in 1972, at a ti~ when many cities were adopting some form of regu l a- tion for Planned Developaents. The ordinance was re -enacted at a later date with substantial amendments, and is now referred to as §16 -4-15 of the Engl e - wood Municipal Code . Mr . Huckeby cited the following provision of the Plan ned Develo PNe nt regulations : "If the proposed development i ncludes multipl e f ami - l y or non -resi denti al bui ld ings or structures and it is ad j acen t to a single - f ami l y r esi dent i al use distr ic t, the developme nt shall co nta i n a bu ffer . In or der to •i ni•l ze any adv erse effects on the adjacent single -fa mi ly area, the bu f fe r sh all be no t l ess t han a twenty -f i ve foot (ZS ') landsc ap ed are a , an d an opaque si x fo ot (6 ') decorat i ve f ence shall be pr ovided ." Mr . Huckeby cited ot her sec t ions of the Mu nici pal Code, inc l ud ing t he R-1-A, R-1-B, and R-1-C Districts, whic h are for single -f a•ily residence develop.en t ; the R-Z, Medi u Density Residence District, and R-3, High Density Residence Dis t rict. Slngl e - fa•lly residences are a "use" In t hose zone districts . The property owned by Mr . and Mrs. Dunn Is zon d R-3, High Density Residence, but is used for s l n- gle -fa.lly purposes . Hr . Huckeby stated that he Is of the opinion that a ZS foot buffer Is required around the Dunn's property. Mr . Huckeby asserted tha t the Planning Dep&r t .. nt s t af f have t aken t he position tha t the word "use• ha s no .. anlng, th&t the provisions do no t &pp ly unless to a slngle -f a•ly "dis - trict". Mr . Hucktby suggested t ha t there has been such a hurry to approve this Plan that this f&cel w&s overlooked, which is an l~rtant .. tter to th' Du nn 's . Mr . Hue by asked o It Is l~rtant to insure privacy for --th s l ngle -f lly h er, or sa.eone o Is In ICU. r . Hue by cited Colorado Revi sed Statute 31 -23 ·225, lch requires a Maj or t l vi ty Notice to be sent to the State for develo~nt of areas ov r five ac r s n stz • This Is qulred before approval of any rezoning or subdtvt - s o , and before building n~lt &ppl lc atlon Is .. de . This requ l r n will , r . Hue by 's op i ni on, hav to be t before th r quest froe S sh C nt r c an s u l tted t o Ci ty Coun 11 . 0 1 I • • • Mr. Fish asked Mr. Huckeby to re-cite the State Statute to which he had made reference. Mr. Huckeby stated that it is CRS 31-23-ZZS, Major Activity Notice. Mr. Huckeby asked that the record reflect his objection to the con - tinuance of the Hearing, and the grounds for his objection as stated. Mr. Barbre asked if anyone else wished to address the Commission in opposition to the proposal. No one else addressed the Commission. Mr. Barbre asked if Commission members wished to recall any witnesses. No member of the Commission asked that any witnesses be recalled. Mr. Barbre asked if the applicant wished an opportunity to rebut any of the statements made by Mr. Huckeby. The applicant did not rebut statements made by Mr. Huckeby. Mr . Barbre asked if anyone else wanted to speak regarding the matter before the Com.ission. No one addressed the Com.ission. Mr. Barbre declared the Public Hearing closed. Mr. Fish stated that he wanted to ask a couple of questions of the staff. Hr . Brotz•an stated that the Public Hearing would have to be reopened to allow Mr. Fish to ask questions of the staff. Fish .oved: The Public Hearing on Case 114-88 be reopened. There was no second to the .atton. Mr . Barbre stated that the deter.tnatlons on the Planned Develo~nt and the vacation of South Pennsylvania Street and the vacation of the Pennsylvania/ logan alley should be considered separately. He asked the pleasure of the Co.isston. Pu.D DOUOMJIT CASE 114 ·18 Vol .a ed: Carson s conded: The Planning Co.isslon appro the Planned Oevelopt~ent for Swedish Medical C n r as su ltted, and refer the requ st to the City Council with a favorable rec nda ton. c a, Barbr , Carson, Orap r, u , Tob i n lh I . • - • • • • Hr. Fish stated that he voted in opposition to approving the Planned Develop · ment because he felt that there were issues raised by Mr. Huckeby that are pertinent to the development which were not di scussed, such as single -fam i ly "use•, and the "private street"; the impact of the development on the neigh - borhood, and the space between buildings was not addressed . Ms . Tobin stated that she would agree with Mr. Fish that these matters were not addressed . VACATION OF S. 366.10' OF SOUTH PENNSYLVANIA STREET CASE 118-88 Hr. Barbre asked the pleasure of the Comm i ssion regarding the vacat i on of t he south 366.10 feet of South Pennsylvania Street in the 3400 block s outh . Vol kern moved: Draper seconded : Th e Planning Co.ni ss ion r ecomme nd to Ci ty Coun ci l that the sou t h 366.10 feet of the 3400 blo c k of South Pennsy lv ani a St r eet be vacated ; it is further rec omme nd ed th at a uti l ity and drainage eas e.ent be re ta i ned by the C 1ty wi th in t he va cated right -of-way . Mr . Fis h asked abou t the tax statu s on l an d t hat is vacated . Ms. Hirsch stat ed t hat she had spoke n with t he County Assessor, and checked the County records. Approxiaately one -qua r ter (1/4) of the area to be vacated will re · vert to property that is presently taxable, and this portion of the vacated street will also be taxable. The vote on the motion to approve the vacation was called : Barbre, Carson Draper, Fish, Such, Tobin, Yolk M Schultt la the motion carried. 0 of n I • • • AYES: Carson, Draper , Fish, Such, Tobin , Volkema, Barbre NAYS : None ABSENT: Schultz ABSTAIN : None Chai rM an Barbre declared the motion carried. Mr . Barbre stated that the Commission has voted to refer all three i s su es to t he Ci ty Council for approval. V. PUBLIC FORUM. Mr. Barbre expressed the appreciation of the Commission to Mayor VanDyke and to Council ~mbers Hathaway and Byrne for their attendance at the Hearing , and asked if any member of the audience wished to address the Commi s s i on . No one ad dressed the Co mmis s i on. VI. DIRECTOR'S CHOICE. Mr . Wanu sh asked that the Ca..iss io n g i ve thought to designating a member to se r ve on the Code Review Com.i ttee . Messrs. Carson, Fis h an d Suc h expressed an interest in serving. Mrs. Romans s t ated that s he had t alked to Hr . Schu ltz, who ha d al so expressed an interest in serving on the con.itt ee. Mr. Carson wi t hdrew his name f rom consideration. Wri t ten balloting was held, and Mr. Fish was design ated to serve on the Code Review Ca..ittee. VII . CONNISSION 'S CHOICE. rs of the Co.afssion discussed the Public Hearing on the Plann d Develop - nt. Mr. Fish stated that he feels perceptions are very l~rtant in this lssu , and that the lssu s r a ised by Mr. Huckeby were not addressed. Mr. Fls stated that he did not vote In opposition to the r quest because h did no f el 1t was a good plan; he does, In fact, fe 1 it Is a good plan; h voted In opposition to approval because th issues raised r not addre sed. Ms. Tob n stated that she felt the perception gained by the audience was tha the d ctstons re "cut nd drted•, tch is not th ca e . • )0 • I - • • • • Mr. Volke•~ st~ted th~t he WIS of the opinion th1t discussion could occur 1fter 1 .ation w1s -.de. He st1ted th1t he did not w1nt to reopen the Public He1ring but felt it would h~ve been good to h1ve discussion. Mr. B1rbre st1ted th1t he felt the ti .. to 1sk questions would h1ve been when he specificllly 1sked if Co..ission -..bers w1nted to rec1ll 1ny witnesses. Mr. Brotz-.n st1ted th1t there 1re six options to consider when MAking 1 deci - sion on 1n issue, those being (1) Mike 1 decision without discussion; (2) Open discussion before the Public; (3) Close the discussion before the public; (4) Recess or executive session; (5) Continue the consider1tion to 1 d1te cert1in ; (6) Reopen the he1ring. Further brief discussion ensued. The •eting was dechred 1djourned 1t 8:50 p.•. . n . I . • -• • •' • C 0 U M C I L COIIKOMIC A TION DATE Deceaber 14, 1988 INITIATED IT AGIJIDA IT!ll Stra.nCT II ~ Library Advisory Soard CCLS Public Library Reciprocal Sorrow ing Program ACTIOM Pt.OPOS!D Council review and approve the Agree~nt by ordinance . IJITaODOCTIO At lta etln& of Dec r 13, 1919, the Englewood Public Library Advisory Soard approv d th Renewal A&r n for Participation in th Central Colorado Librar S at (CCLS ) Public Library ~ clprocal Sorrovln& Prosr .. for the period co ncln Oc o ar 1, 1911, and contlnuln& thro\l&h SeptHber 30, l 1 . Pu lie Library haa partlclpa d in h proar .. •a inception in 1976 In 1 r count r c:lproc:al borrovln& 'n\ C1 Libra Dlatrlc:t or reelproc:al borr 1 Llttl on. and Aurora public: llbrarl th ne d or lnt r ·llbrary coo I . • • • . he Englewood Public Library has been and, I believe , will continue to be a net lender under the prograa . Therefore the Agree.ant generates inco.a for he City of Englewood . This inca.. fluctuates fro• year to year depending on patterns of library usage by Englewood residents and non-residents . There is also evidence of a down - ward trend in inca.. to the City via the Agree~nt . Inca.. via the progr .. in re- cent years is as follova : 1986 $18,967 1987 $18,502 1988 $16,922 1989 $15,965 (estiaate) UCOIIIIIIID!D ACTIOII It is the reco..endation of the Library Board end staff that Council approve the Renewal A&ree .. nt . Ita provisions provide access to other public library resources for Englewood residents and pr~te shared use of public library resources through - out the Denver .. tropolitan region . Pest Agre ... nts have generated inca.. for the City of Englewood and it is predicted that the Englewood Public Library vil l con- tinue its nat lender position under the Renewal A&re ... nt which covers the period 1988-1991. I • • CR>DW«:E oo. SfltiES CF 1988-- • • • BY At.rnDRIT'l A BILL FeR I I <XXJOCIL BILL 00. 49 n~n.· ~lD·li3ER ~ ~ <'l l AN CR>DW«:E APPR:J\I1Ki ~ JIGRED·IElli' ~~~ niE CIT'i OF ~ A:J:l CDllML a:u:JWlO ~y SYS'l»1 FeR PARTICIPATICN IN niE ~ COI.aWX> LDIW{Y SYS'l»l PUBLIC LIBRARY RFX:IPIO:AL ~ PRC:GA!-1. ~. Central O::llora<i:l Library System (<Xl.S) is the Regional Library Service System in l.tti.ch Englewood Public Library participates; and \I'DEAS, CCLS has sut:nitted a renewal agree~ent to tr.e City of Engleo.«:cd for continuation of a program currently in effect, which agree:ent relates t o reciprocal !Jorrcwing of library r:~aterials by the general p"..lblic served by pa~:ticipants in the program; NCH, ~. BE IT CRlo\lNID BY 'lliE CI'IY ca.n::IL OF niE CI'rY OF ElGS , ~. 'n-IAT: Sfoction 1. 'nle ~ .1\greeruent for Participation in the central O::llorado Library System POOlic Library Rec procal Borro.?.ng Progra:n :l the City of Englewood and O!n ral Color Library Systen is hereby apprcv~. 'nle Renewal rally provid9: 1. 'lhe agt~l!C!IIIent i t r the period 0, 1991. an f l • • • • • P\i>lished as a Bill for an Ordinance en the 21st day of Decentler, 1988. Attest: SUsan Van Dyke, Mayor Patricia H. Crow, city Clertt I, Patricia H. Crow, City Clerk of the City of &lglewcod, Colorad>, ~reby certify the above is a true oopy of a Bill for an Ordinance, int.roclJoed, read i.n full, and passed on first reading en the 19th day of lleol!lbr, 1988. Patricia H. Crow I . • • • October 1, 1988 Renewal Agreeaent for Participation in the Central Colorado Library Syste• Public Library Reciprocal Borrowing Program Whereas, CI D' OF L\GLI!roOO is a political subdivision of the State of Colorado located within the boundaries of the Central Colorado Library Syste•, and aaintains and operates a oublic library . the E\t;L! li QQO PI!BI.!r LIB!BR\ and Whereas, desires to participate in the Public Library Reciprocal Borrowing Progra• operated and ad•inistered by th Central Colorado Library Systa•; now 1) To partie pate in the Public Borrowing Progra• for th per od co and continuing through ----------~-~--~--------------------- rul Rul • ·--........ I • • • Page 2 'l'berefore, THE CEMTRAL COLORADO LIBRARY SYSTEM hereby agrees: l) To fulfill its responsibiliti .. as .. t forth in the Rules for Operation and Adainistration of the Prograa, which rules are attached bereto and incorporated as a part of this agr...-nt. Aqreed tbia ____ day of -------------- 19 at Enqlewood, COlorado. A Colorado Political Subdi vis i on by: Title ------------------------------------------- Date ------------------------------------------ I . • • • • • Rules for Operation and Administration of the Central Colorado Library system Public Library Reciprocal Borrowing Program Section 1. pescription l.l Tho Publ!c Lib:-an• Recip ro~al norro;;in~ Prograa (Prograa) is a prograa to provide citizens of eac h participating jurisdiction with access to public library resources of all other participating jurisdictions, regardless of tax jurisdiction or geographical boundaries . A valid library borrower's card issued by any participant can be used to borrow aaterials froa any of the other participating jurisdiction'• public library facilities. Th borrowing patron aay return aaterial borrowed froa any participant public library to any other participant public library . 1.2 The prograa provides for the reiaburseaent to net lender participants, as herein defined. This reiaburs ... nt is in part subject to the availability of State of Colorado fund i ng provid d to the Central Colorado Library Syst-for this purpose. The reiaburseaent aaount is intended to recognize th value of the loan serv c::e prov i ded by the lender participant, although the aaoun • y or aay not r preMnt th c tu 1 cost to the lender of proces•inq eligible r nsa ions, s h rein d fined. 1.3 Th s her J d library r partie cip :t s' I • • ' • • • Page 2 2.2 Borrowing services to other participants' patrons are provided without regard to whether the patron could have been served by the patron's ovn jurisdiction's library. Section 3. Pefinitions . 3.1 patron -A person holding a valid public library borrower's card. 3.2 froqraa -The Central Colorado Library System Public Library Reciprocal Borrowing Prograa. 3.3 ParticiRAnt -A political subdivision of the State of Colorado that provides public library service that: 3.3.1 is located within the boundaries of the Central Colorado Library Systea: and 3.3.2 has provided a legally-approved agr .... nt to participate in the prograa to the Director of the Central Colorado Library Systea. 3. 4 ltet Linder -A participant that loans aore eligible tranaactions to other participants• patrons than its ovn patrons borrow froa other participants. 3.5 Met aorrqwer -A participant whose patrons borrow aor roa oth r participants than it loans to oth r participants• patrons. -The nuaber of eligible loan eligible borrow ng r of eligible nuaber of elig bl I - ' • • • Page 3 Section 4. ResPonsibilities of Participants 4.1 Participants in the Proqra• •ust first agree to participate and to be subject to these rules, as evidenced by execution of an authorized agree .. nt, the affixing of the jurisdiction's seal to the agree•ent, and the receipt of the original agree .. nt by the Director of the Central Colorado Library Syste•. Upon said receipt, participant shall be entitled to all privileges of the Proqraa, and subject to all responsibilities inherent in participation, as defined in the agreeaent and these rules. 4.2 Participants will allow the patrons of other participants• libraries, upon presentation of a valid borrower's card issued by any participant, to borrow from participants' public library collection any and all aaterial that participant would allow its own public library patrons to borrow. 4.3 Participants will keep accurate and tiaely records in a fora determined by the Central Colorado Library Systea, of each and all eligible reciprocal borrowing transactions. Participants will provide to the Central Colorado Library systea a record of said transactions at th end of each calendar aonth. Participants will include in such record only transactions that are eligible trans ctions under the-rules, and participants are specific lly responsible to ensure that only eligible tr ns ctions are included. 4 .4 P rtieipants will promptly pay to the C ntr Color do Library Syst .. any nd all aounts due by virtu o partieipat on n the Progr •· as videneed by h nuaber of ne borrowin9 r ns c ions for a giv n period, d t rain y lie on of th Coraula h r n provid on I • ' • • • Page 4 5.3 The System will tabulate the monthly records subaitted to the System by participants, and will report, no less frequently than once each calendar quarter, the overall sua of all eliqible transactions for each month. 5.~ The Systea will, durinq the aonth of May of each year, calculate the a•ount of char9e or reiabursement for each participant for the next upcoainq fiscal year, according to the foraula herein provided, and will provide each participant with a stateaent of the charqes and reiaburseaents of all participants for the upcoain9 fiscal year. 5.5 The Syste• will, during the month of Augus of each year, disburse to participant net lenders the amo nt due to each under the foraula herein provided, which amounts will be equal to the aaounts included in the stateaent of charqes and reiaburseaents provided to participants during May of the previous calend r year. 5.6 The Systea will, durinq he aonth of April or each year, invoice and bill e ch p rticip n n t borrow r for the aaount due froa ch und r the foraula her in provided, which aaounts will b equal to the aaounts included in the stateaent of charq s and r iaburseaents provided to the participants durlnq th previous May. Sul·h aaounts to be du and pay bl o th c ntral Color do Library Syetea with in 30 d ys. Sec ion 6. be r i ure s h rind find will s: I • • • • Page 5 6.3 Each net borrow as herein defined will be charged and billed to net borrowers as follows: 6. 3.1 for the period be<) inning 1 October 1988 and ending 30 Septeaber 1991, the a.ount of twenty- seven and one-half cents ($0.275) per net borrow. 6.4 Porayla 6.4.1 eligible transactions for purposes of calculating charges and reiaburse .. nts under the Prograa are deter.ined according to the following for.ula . • -6. 4 .1. 2 f or the period beginning after 30 Septeaber 19~ actual transactions reported to the System for the thirty-six (36) aonths preceding the current calendar year, divided by thirty-six (36) and aultiplied by twelve (12). Section 7. Blvisions to tbe Ryles 7.1 'ftlesa rules uy be changed, revised, a .. nded, or altered as necessary to ensure orderly operation of the PrQCJr-, by approval of the Board of Directors of the Central Colorado Library Syst .. , and of a ujority of the library directors of the then-active participant juriedictions. 7.2 In addition, for so long as State of Colorado funding is provided to the Systea specifically for the PrQCJr-, revisiona to thesa rules are subject to the approval of the Colorado State Library. nd• I . DATE December 14, 1988 IlUTIATED IT ACTIO norosm • • • C 0 U N C I L C 0 M M U N I C A T I 0 N AGENDA ITEM 11 (b) SUBJECT Swedish Medical Center Planned Development City Planning and Zoning Co .. ission Approve the Planned Develop~nt for Swedish H dical Center or develop .. nt of property generally bounded by East Girard Av nu , Eas Hampden Av nue, South Logan Street and th extension of South Ogd n Str e I • • • • • public street . Also, the Planned Development proposes the c losing of t he no rth 375 foot alley between South Logan Street and South Pennsylvania Street i n the 3400 block . The utility service, drainage , parking and landscaping on the Plan meet t he r e quire - .. nts of the Municipal Code, and were approved by the Technical Review Commit tee . UCOIIIIIIIDATIOII: The City Plannina and Zoning Co .. ission recom..nds that the City Counc il approv e t he Swedish Medical Center Planned Develop .. nt . Section 16-4-15 D 3 of the Englewood Municipal Code allows Council , a t i t s d iscre- tion , to call for a public hearing on the propos ed Planned Developme n t prio r to con- side ration . The Council aay also approve the Planned Developaant wi t hou t a hearing . I f the Council c hooses to call for a publi c hea ring , staff re c o ... nds t h at the hear · ing b e s et for January 16 , 1988 . ote: Plea r fer to th Plannin and Z nin co .. i sion Hinut and Dec ab r 1), I 8 • of r 1~. I RESlWI'ICN 00. SHU~ CF 1988 • • • A RESCLl1l'ICN ~ 'mE FINDIM;S, <XH:LUSICN AND OEX:ISIOO OF 'mE CITY <DH:n. OF 'mE CITY OF EM:iLEXXD, a:LCIWlO , RfliARDD«i 'mE ~ 0F.VELCPMENr BY SWEDISH MEDICAL aNrm C1..'m THE NEXT FIVE YEARS. WJDF.AS, ca No. 14-88 for il[l>roval o f a planned develcpnent by Sloedish !·~cal Center over the next five y ars was heard by the City Planning and ZOning camlission ; and \oltmi:.AS, the five-year develc::p;elt plan includes the addition of another 61,800 f'qUarC foo ~cal office building, a parking garage with 608 spaces , OOdi ions the i'\a.in SWedish ~iptal facili y and other buildings as reouir'Pd; and 36 .10 f of South Pennsylvania Street in the 3400 220-oot cul-de-sac would provided south fran Eas a , Md the rth 375 f of the alley tween M in he 3400 Block would vacated ; IT ~.VID BY THE CITY UA.P'\J"'N. 'mi.T: n. OC 'niE CITY OF -I • I -• • • 6. 'The En<Jlewood Fire Depart.Irent will require V..O additional hydrants, 0ne at T.ogM/Jiantlden and one for t-OB 2 and the relocation of the sprinkler system fran the present Frnergency Iloan entrance to the new building addition at Girard and Pennsylvania. 7. ~ utilities Department will require an easement for the waterline in Sooth Pennsylvania and that the City Ditch easement be shown on the Planned ~lCJfEE!lt so the construction of a building or loading <kx::k/parking area will rot conflict with the ditch. 8. Engineering states there are no serious drainage problems now but over the years the runoff has increased because of increased iJ!tlervious surfaces. It suggests areas where aatitional detention could be provided at little or no cost to SWedish. 9. &.Ji ding and Safety will require that all applicable provisions of the Enqlewr.xx't &.lilding and Safety Code be ~lied with. 10. Public ~k:s requests easeflelts for utilities within the riqht-of-way for Pennsylvania granted the City. C1 y I . fJ. )J. drdL '/J(gj/!'1 1 JO • • • I . -• • • wit.~. D. All F.nqle~~ Building anc Safety Code requirerner.ts be C<T;llied E. I:.."'serrents I:1E' r.rMte<i to the City for utilities within thC" right-of~~y for ?PnnsylvMia. F . Installation of traffic samples to nonitor volumes within the hospital vicinity ; llpCTrade the traffic sicmals at Logan and Ban-pden and Logan and Girard and tie them into the City's mas er trilffic signal system; upgrade sicmal s at Downing and liarpden, Clarkson Md 1-!ar.pden and Clarkson and Girard with future develcprent . 2 . 'nlis Planned Devel~nt cx::r.plies with the Cc~Tt>rehensive Plan and all appropriate City ordinances . 3 . Lar.dsc'!,_ned areas exoeed the minirun requirer:ents . 4. Off-stn>et [larldng call'li with the requirenents in the CCf1'>rehensive Zoning OrdinaJ''c-e of the City of Dlglcwood . 5. Consi ration has been given to the lcx:ation, design and heights of tildinqs as ., 11 ru; liCC<'Ss and fire lanes. n. lll'lU'lJV adop the fol' .Lnq F.Lndlngs and Conclusioins for •• r Afll!ica ion #14-88. slt.hcbyo I . • • • EXHIB IT A 1 SWEDISH HOSPITAL -HAIN CAHPUS PROPERT Y DESCR I PT ION Block 7 and that part of Block 6 together with the vacated alley within said blocks, and vacated South Pearl Street, and the vacated We s t one -half of South Washington Street, WEST VIEW ADDITiotl TO ENGLEWOOD, and a part of th e Southeast 1/4 of the Southeast 1/4 of Section 34, Township 4 South, Range 68 West of the 6th P.M ., City of Englewood , County of Arapahoe, State of Colora -do, being more particularly described as foll ows: I . 0 2. 3. 4. 5. 6. 7 . •• 9 . 10 . II. 17 . I . EXHIBI7 A lots 25 through 42, Block 5 West View Addition to Englewood Lot 45 through 48, Block 5 West View Additi on to Englewood Lots 1 through 16, Block Wes t Vi ew Additi on to 5 nglewood East 65 ft . of Lots 43 through 50, Block 3 Higgins Eng! wood Gardens l o r • • • • A A A B a 2 Parking Lot 501 East Hampden Avenue Apartment 3475 South Pennsylvan ia Street Thrift Store 495 East Hampden Avenue Parking Lot 501 Eas t Ha mpde n Avenue Parking Lot 501 st Hampden Avenue Mote l 558 l. Ha mpde n A enuc P r ing Lot !>0 I as !Ia nd n A n • outh a~h1n n rl 14. 15. 16. 17. 18. 19. 20. 21. 22 . l . • • • EXHIBIT A Lots 12 & 13, Block 45 B Evanston Broadway Addition Lots 14 & 15, Block 45 A Evanston Broadway Addition Lots 18 through 24, Block 45 A Evanston Broadway Addition Lots 25 through 30, Block 45 C Evanston Broadway Addition Lots 31 through 40, Block 45 A Evanston Broadway Addition Lots 45 through 4B, Block 45 A Evanston Broadway Addition Lots 1 through 10 & tlorlh 14 ' C of Lot 11 tog th~r with th vacated adjoining alley, Bloclt 46, vans ton Broadway Add it ion Parts of lots II through ll & lots 28 through 8 toq t ~r wi h t P a jolnln ara d all Blo 46, (vans on Oroa w Addi on. 0 c 3 Offices 3454 South Clarkson Street Offices 3460 South Clarkson Street Parking Lot 501 East Hampden Avenue Parking Lot 501 East Hampden Avenue Park ing Lot 501 E. Hampden Av enue Apartment 3475 South Emerson Street Apartment 3401 South Em rson Street Offic s 3444 South Emerson lr ct Gr nhous 3446 South ( rson Sir~ In ln 501 a If lo II n A e u STAFF UPOllT CASE -14 -88 STAFF UPOllT llE : • • • PLANNED DEVELOPMENT STAFF ll!POllT AND ll!COMKENDATION An application for approval of a Planned Development for Swedish Medical Cen - ter located in an area bounded by East Girard Avenue , East Hampden Avenu e and South Lo&an Street and the extension of South O&den Street . DATE TO IE CORSIDEIED : Nove.be r 1 5, 1988 . BAD dD ADDUSS or APPLICAJIT : Swe d ish Medi c al Ce nter 50 1 Ea st Ha.pden Ave n ue Ensl wood , co 80110 RADS dD ADDUSSU or ROPU.T'l OVIID.S : A Swedish Medical Center 501 East Ha.pden Aven ue Enslevood , CO 10110 B Sv dlah Wellneaa Syata ... Inc . 501 East Ha.pden Avenue En&levood, co 10110 c Sv diah Health laaourcaa , Inc 501 laa H....,.n Ave nslavood, co 10110 D lal Ol a ur ar tll • pro aal t l ·l 1 I • • • STAFF llEPOB.T CASE -.14 -88 PLANNED DEVELOPMENT STAFF REPORT AND RECOMMENDATION DESCRIPTION OF REQUEST AND PB.OCEDUB.E : Swedish Medical Center subaitted their completed Planning Development applica - tion the first week in Septe.ber . Within 30 days of submittal, October 4, 1988, the staff aubaitted an advisory report and reco1111endation to Planning co .. ission . Within 30 days of receipt of the advisory report , the Planning Co1111ission is required to hold a public hearing on the application . The reco .. endation of Planning Co..iaaion to approve , disapprove or approv he Planned Developaent conditionally, shall be received by City Council within 30 days of the Public Hearing . City Council, at ita discretion aay require a public hearing prior to consideration of the proposed Planned Developaent . In reviewing the Planned Developaant, the Planning Coaaisaion and City Council must address coapliance with the following requireaants : 1 . The uses are peraitted in the Zone District assign d to th prop rty . 2 . The Plan is consistent with the Coaprehensive Plan . 3 . The Planned Developaent' a relationship and iapact on the surrounding area . 4. The coapliance with open apace requireaents . 5 . The adequacy of parking . 6 . Th Sit Plan .u.t daaonstrate that : Th re is an adequate buffer froa adjacent ain&l•·faail ar a s . Th re is aufficlan apace berveen buildln&s to aaaur privac and a pl asan envlronaant . Th r is an adequate internal and external a r a at a ha c oa · plies wl h Ci standard&. Btc 1 trails and p de1trian walkva a ar provided wh r a•l 1 . Th denai ll appropriate OP 111a.nCT SIT& AJID ADJACDT ADA . - STAFF REPORT CASE fH4 -88 • • • PLANNED DEVELOPMENT STAFF REPORT AND RECOMMENDATION Access to the Medical Office Ruilding II will be from a relocated curb cut opposite South Washington Street and an additional curb cut approximately half way between South Washington Street and South Clarkson Street . The parking structure on the southeast corner of South Logan Street and East Girard Avenue will have li•ited access off of South Logan Street and primary access from the South Pennsylvania Street cul-de-sac . The priaary roadway change proposed with this Planned Development is for the closing of the south 380 feet of South Pennsylvania Street and providing a 220 foot cul-de-sac south fro. East Girard Avenue . The cul-de-sac will provide access to the Dunn properties in addition to the proposed parking structure . The applicant propoaea that approxiaately 30' of the aite be landscaped . The open space requira .. nt la 25,. IACIGIOutm OF PUVIOUS ACTIO• ULATIIIG TO THE ROPDT'f. The area within Svediah Medical Center, veat of South Clarkson Street was part of the original City of Enalevood . The portion east of South Clarkson Str t vas annexed in 1946 . The original zoning vas R-3, Multi -Faaily Residence , and C l , Co-rcial. The zoning vaa later changed to R-3 -11 , Multi -Faaily Resid n- tial, and 8 -2, 8uain ••· Wha is today Sv diah Medical Center began aa Sv diah Tuberculos ta Sana orium in 1905 . In 1968 a land leaae with Craig Rehabilitation Hospital brought n u - rological care to S dlsh Medical Center , Then in 19 72, th Fed ral Cov rn· .. n n d Craig Hoapital as th Rocky Moun tain Regional Spinal Surgery C n - er More r cently, diah M dical C nter has af Uiat d vi h Spaldin I habtli ation Hospital and the Rocky Moun ain Multiple Sclerosia Founda ion aa r locat d to th Sv diab dlc al Ca.pua ULATIO _10 TUU2!!!!!!!!!Jm~JP~LAII~. I STAFF P.EPOR.T CASE _,14-88 ,. • • • PLANNED DEVELOPMENT STAFF R.EPOR.T AND R.ECOMKENDATION FIR.E DEPARTMENT Two (2) additional hydrants are required, one at Logan/Hampden and one for (MOB 2). The aiameae (the Fire Departaent connection for the sprinkler sys- tea) at the Eaergency Rooa entrance auat be relocated on the new building ad- dition at Girard and Pennaylvania . UTILITIES 1 . An eaae .. nt will need to be retained for the water line in South Pennsyl- vania if vacated (no buildinga)--if cute are to be taken in existing grade, the water line will need to be lowered . 2 . The City Ditch 1a located vi thin an eaae .. nt between Pennsylvania and Logan . Thia eaae .. nt should be shown on the Planned Developaent . The ditch ia enclosed in a pipe at a relatively ahallov depth in the ease - .. nt, ao the conatruction of a building or loading dock/parking area ahould be checked to confir. it vill not conflict vith the ditch . IJIOIIIEDIIIC Engln ering Service• has coapleted reviewing tha Preliainary Drainage Report for th Svedlah Medical Canter . taaically there are no serious probleaa . Currently, however , the City has alao been revievin& th capacity of the aaln ator. sever in Haapden Avenue adjacent to the property . Over the yeara, the runoff coefficient• for thia area of Enalevood have increaaed due to the in- ereaa d i.,.rvioua aurfacea . The capacity of the atora aawar that ia eaat of Cran Str at vill be exca ded in the event of a ator. &reater than a "tvo·year • ora• the propoa d l.prov .. nta, i app ara tha th r are ao-. er 11 , 1 rn 1/3 o th property, where additional daten ion could llt la or no additional coe to S dlah Medi c al Cant r Th • 1 de roo • of tha buUdin& addl toni and fu · a : det at · rade perkina lo 1 and 1tr t cul· tbl eul i •l orl d parkin ara all lie 1 pr vl l 0 t ll tl l'l •o • ay or P lv la t I . STAFF REPORT CASE ~H4-88 • • • PLANNED DEVELOPMENT STAFF B.EPOB.T AND RECOMMENDATION n e ed t o be upgraded t o eight-phase traffic signal operat ions with the two intersections tied into the City of Englewood's master traffic signal system . Upgrading of the signals at Downing and Hampden , Clarkson and Hampden and Clarkson and Girard will be needed with future development . Additionally , prior to completion of Phase I development, a study is needed to determine the impacts of limiting turning movements along 28 5 between Logan and Clarkson . D!PAB.TKERT OF COMKUMITT D!V!LOPK!RT ANALYSIS AND B.!COKK!MDATIOR : At the request of the Department of Community Development, Swedish Medical Ce nter has voluntarily submitted their Planned Development application and accompanying plans and doci.IIHnts , even though a Planne d Development is not required under t he Zoning regulations . An enormou s a.ount of work is re · fleeted i n t heir Pla nned Develop .. nt submittal. Th e co-unity Developmen t Department requested the Planned Development s ubmit tal in an effort t o b etter evaluate the iapact of the various proposed facilities envisioned by Swedish Medi cal Center . In particular, parking and traffic impacts, as well as open space require .. nts and drainage are vary difficult to evaluate when proposed d velopment is presented in a piace .. al fashion . Swedish Medi cal Center is proposing to construct a second aedical offic building of 61,800 square feat within th first phase of d valopm n . At on parking space for each 300 square feet of ren al space, thls office building wlll require 306 parking spaces . Additionally, this of lea building is lo- cat d on an existing parking area of 92 apaces . To acco .. oda a this parking n ad, a thr -story parking structure is proposed at th sou h as corn r of Logan and Cirard . imultaneoua coapletion of these two faclliths is an lcl · patad I should b noted that th Planning com.isslon has pravioualy urg d Sv dish to con trucl parking atruc uras ra h r than d lopin lar ar aa o sur ac p rkln Th fa a indi c a I - STAFF llEPOilT CASE jJl4-88 • • • PLANNED DEVELOPMENT STAFF REPORT AND RECOMMENDATION result of both the closing of Pennsylvania and the additional traffic gener- ated by the activity proposed. This will need further study by the a ppl icant . In addressing the specific requirements of the Planned Dev elopment, the prop - erty included in the Swedish Medical Center Planned Development is zoned ap- propriately for the proposed uses within the expansion . As mentioned pre - viously , the propoaed Planned Development is consistent with the Com prehensive plan and the propoaed expanaion is designed to have limited im p act on the in- tegrity of the neighborhood& aurrounding Swedish Medical Center . Open apace and landacaping requirements are met throughout the Planned Development with approxiaataly 30' of the site to remain ope n and all of that area to be in live plant aaterial or walkways . The specific• of the parking plana will be elaborated upon at the .. eting, but the bottoa line ia that the davalop.ant propoaed will require 1404 spaces , and 1416 will be provided . During the conatruction stages, adequa te parking can- not be provided within the Svadiah Medical Center caapua. The applicants have aubaittad a propoaal for handling parking during construction . The proposal 1a to provide a ahuttla bua for e~loyeaa who will be uaing the lots at the Maaoni c Ta~la and on property they own to the veat . The applicant ia propoain& a reduction in aatbacka for the parking structure A ainiaua 15 foot aatback ia raqulr d by th R-3 zone ; how ver , the setback can be altered by th Planned Devalop.ent . Th parking atructure at th aouth aat corner of South Lo&an and Eaat Cirard indicate& an 11 foo setback along Sou h Lo an and a 15 foot aetback along East Cirard . Th impact of this reduced a tback h aitl&ated by landacapln&. plua th Cac tha th grade chan a thla location r qulrea tha only 1 1/2 of the thr e level• will be abov rada at Clrard . o , any dav lop.an t a he of S propoa d •velopeent , vlll ha ppl1can a have aada afforta to ai 1 e c apt , a qu.te parklna , dralne ra lc al ll&a lon ln hla ar a . er. bo h nov surround in e l!lpa a wi th ontrola and extenaiv la · I STAFF REPORT CASE 4H4-88 PROPERTY DESCRIPTION • • • PLANNED DEVELOPMENT STAFF REPORT AND RECOMMENDATION SWEDISH HOSPITAL -MAIN CAMPUS Block 7 and that part of Block 6 together with the vacated alley within said blocks, and vacated South Pearl Street, and the vacated West one-half of South Washington Street, WEST VIEW ADDITION TO ENGLEWOOD , and a par t of the Southeast 1/4 of the Southeaat 1/4 of Section 34 , Tovnahip 4 South, Range 68 Weat of the 6th P .M., City of Englewood, County of Arapahoe , State of Colora- do, being •ore particularly deacribed aa follows : I. D I • • • • STAFF UPOI.T CASE •14-88 PLANNED DEVELOPMENT STAFF I.!POI.T AND I.!COMM!NDATION 2. 3 0 4 . 5 . 6 . 7 . •• 9 . 10 . ll. 1 • l . Lots 25 through 42 , Block 5 West View Addition to Englewood Lot 45 through 48 , Block 5 West View Addition to Englewood A A Lots 1 through 16, Block 5 A West View Addition t o Ena1ewood East 65 f t . of Lo ts 43 B t h rouah 50, Bl ock 3 Hi aaina En alevood Gardena Lots l t h rou&h 6 & Lots 42 A throuah 50, toaeth r v ith th vacated North 125' of adjoining alley, Block 2, Hiaaina Enalewood Ga rdena West 1/2 of Lots 1 throuah , A toaether with Lots 5 & 6 & th West l/2 vacat d adjolnina a lley Block l, Hi&&lna Enalevood Gardena Lo • 24 & 25, Block 2 W at Vi v A6dltl 0 l wood Lots 2 0 Lo 1 t 0 I A A A Parki ng Lo t 501 East Hampd e n Avenu e Apartme n t 347 5 Sou t h Penn sylv a n ia Stree t Thrift Store 4 95 Ea st Ham pden Av e nue Parking Lo t 501 Ea s t Ha.pden Av e nu e Parking Lo t 501 Ea st H .. pde n Av e n ue Mo tel 558 E . Ha.pd n Avenue Parkins Loc 501 East H .. pd n Avenu House 3510 South Waahinaton S Houa 3520 South Waahlnaton S El\&levood Fl r Shop 700 Eaa Ha.p n Av nu O!fic a 3398 outh P arl Str Glrard Av n lr rd Av I • • • • • STAFF llEPOB.T CASE ~14-88 PLANNED DEVELOPMENT STAFF llEPOB.T AND RECOMMENDATION 14 . 15 . 16. 17 . 18 . 19 . 20 . 21. 12 . n . Lots 12 & 13, Block 45 Evanston Broadway Addition Lots 14 & 15, Block 45 Evanston Broadway Addition Lots 18 through 24, Block 45 Evanston Broadway Addition Lota 25 through 30, Block 45 Evanston Broadway Addition Lota 31 through 40, Block 45 Evanaton Broadway Addition Lota 45 throu&h 48, Block 45 Evanaton Broadway Addition A A c A A Lota 1 throu&h 10 & North 14' C of Lot 11 tosether wlth th vacated adjoinins alley, Block 6, Evanaton Broadway Addi ion Parta of Lots 11 throu&h 22 & Lota 28 throu h 48 toaeth r with th adjolnLn vacated all Block 4 , Evans on Broadwa Addl ton . B I Offices 3454 South Clarkson Street Offices 3460 South Clarkson Street Parking Lot 501 Eaat Hampden Avenue Parking Lot 501 East Hampden Avenue Parking Lot 501 E . Hampden Avenue Apartlllent 3475 South Emerson Street Apart:JHnt 3401 South Emeraon Stree Officea 344 South Emer•on Street Cr enhoua 4 6 Sou h t..raon S r t Par ina Lo ~01 a H n Av n I . T I. CAll TO ORDER. • • • CITY OF EN5lEVOOO PLAIIIIM5 AIID ZONIM5 COIIUSSION IUMITES OF IIOVEMEJ 15,1988 The regular ... t1ng of the City Planning and Zoning Commission was called to order by Cha1raan Hanson at 7:00 p.m . The meeting was held in the Council ChaMbers of City Hall. Hetnbers Present: Me11bers Absent : Also Present : Hanson, Barbre, Fish, Schultz, Carson, Draper, Volkema , Tobin and Such. Wanush, Ex -officio . None . Susan l . Hirsch, Senior Plaru~r . Daniel Brotz11an, Assi stant Ci ty Attorney . II. APPROVAL OF MINUTES . The Cha1naan said that the Minutes I)( Oct~~!:~,. 4, 1988 were to be considered for approval . Mrs . Tobin asked that the Minutes on Page 2 be changed where she asked for the definition of obnoxious, to shov that she wa s asking for the City's definition for •obnoxious• as it pertains to the ordinance . Carson 110ved : Tobin seconded : That th Minute s of October 4 be approved as a nded . AY£5 : NAYS : ABSTAIN : Schultz, Vo l k a , Barbre , Tobin, Carson , Draper , Fish and Hanson . None . Such . ASSENT : Non . Th Ch a fnaan rul tha h Mlnu es r appro d as a nded . o r t 1n Ca tiS · con c 15 • •• , T n, Ctr n, 0 ... fl nd H n lftd' I • • • • • IV. PUBLIC HEARIN G ON PLANN [O OEVE I OPMENT AND CONSJOERAT ION or VA CAIJONS l OR SWEOISH-MEDTCAL CHif(R-.. ----. -----· ·------·--·-- CASES U4 -88;-l18-88 ANO #19-88. The Commission de<.ided to hedr all three cases at the sa111 lirn~. noting tha only 14 -88 is a public hearing . Carson moved: Tobin seconded: The Public Hearing for Case ~14 -88, Plar.ned Oc~~lo1Jn•cnl , and Consid ration of Case #18 -88 , Va cation of a porti on of the right -of way in the 3400 blo c k o f South Pt•nn)ylvania Street, and Case U9 ·88, Va ca t1on of a porti on of h right -of-way for the alley between South Loyan Street and South P~nnsylvania Street in the 3400 blo t k, be op >ncd . Susan Hirsch, Senior Plann r stated tha Swedi sh M dical Cen er hdS voluntarily ore sented a Plann d Development at the req u s of h st ff s o ha lh Ci 1 can ha ve an id a of what long term de lop nt plan~ are b ing dde oy lh Ho s pital. Swedish has sub i te east of he will b Io t a e Ha111 1ll'n Av nu.,. -• • • the plan is to provide good internal circulation and access. There is a minimal amount of through traffic that would be affected by the closing of Pennsylvania Street, and that can be handled by South Logan Street. She said that the staff recommends approval of the Planned Development and the street and alley vacation. Discussion ensued. Ms. Hirsch said that the property had been posted in six (6) different locations with wording and in a manner specified by staff for fifteen days before the hearing. The posting referred to Ordinance 17 of 1972, which has been updated in the codified Comprehensive Zoning Ordinance. It is the staff's opinion that the substance has not changed. The Legal notice of the Public Hearing was published in the November Znd edition of the Sentinel, and Mr. and Mrs. Dunn had been notified by Certified Mail about the vacations as a courtesy. Richard Huckeby, attorney for Holler and Eleanor Dunn asked to speak. He said that he had ques - tioned the posting and Its citation of an outdated ordinance. He further stated that, ~lle the ordinances are similar they art not identical. Dtscusston followed. The Commission declared a recess, and ~en the meeting reconvened the Commission discussed whether the posting was substantially correct. VolktN 110ved: Fish seconded: That the Commission believed the posting to be substan-tially correc t . AYES: Such, Schultz, Vol a, Barbre, Tobin, Carson, Draper, Ftsh and Hanson. NAYS: None. ABSENT: one. The C hsion furth r discussed · ether ft cess wtth corr ct postfng so that there proc ure . uld be better to bfvfn the pro- uld be no question u to the fd ration of the vacations nd that posting be redone A z, ol , T In, Car "· Drap r, Ft h and I . • • • • VI. DIRECTOR'S CHOICE. Mr. Wanush said that the Council had directed that a committee be appointed to review Environmental and Nuisance Codes . One member from the Planning Commis- sion had been requested to volunteer for the project which should take about six months with Meetings at least twice a month . The decision as to who would serve was postponed until the following .. eting on December 6. VII . COMMISSION'S CHOICE. Mr. Volke•a said that hfs position as Chain.an of Swedish Corona Cooperative was not, in hfs opinion, a conflict of interest in any •atter dealing wfth Swedish Medical Center because there is no connection between the two organizations. Mr. Fish noted a progra• fn the City of loveland fn which a Citizens ' group was fonled which keeps infor.ed as to City business, and supplies advice and a pool from whi ch Council can f ind people o f i ll Board and Convnission vacan -cies. Discussion followed . The meeting adjourned at 8 :45 p.•. • • • I • • - • • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE ACDDA IT!JI December 14, 1988 11 (fl, SUBJECT Swedish Medical Center Right-of -Way vacation for the north 375 feet of alley in the 3400 block between Logan and Pennsylvania . IlfiTIAT!D IT City Planning and Zoning Commission ACTIO! ROPOS!D Approve the vacation of the right-of -way for the north 375 feet of the alley located between Logan and Pennsylvanie in the 3400 block , filed by Swedish Medica l Center in conjunction with ita Planned Developmen t for the property bounded by Cirard, Logan, Ha.pden and th xtenaion o( South Ogden Street . IACICCaOUIID This rl&ht-of-vay vacation vaa tnl iat d b wi th t a Plann d Develo~nt . o th vea of he a id of th alley . 11 v c tt vt l • 1 ORDINAOCF; 00 . SERIES OF 1988-- • • • BY AUTHORITY A BILL~ CXXJNCIL BILL 00 . 50 ~~IL 1-DIBER WA{ .AN ORDINAOCF; VJ\CATIN:; THE RIGHT-QF-\~Y Fm '!liE NORTH 375 FEET OF THE ALLEY LCCATfD BE'IWEEN SCXJni I..aiAN .1\ND samt PENNSYLVAIUA IN THE 3400 BLeCK , CITY OF miLEHXD, a:x.tnY OF ARAPAIJJE, Sl'ATE OF COLCWIOO . hlliDU'.AS, SWedish ~ledical Center is the owner of all the property to the west of the proposed alley vacation and all but two 25-foot lots o n the east side o f the alley; and \lt~, there is no access to the two 25-foot l o t s (Lots 43 and 44, Dlock 5, Nes View Addition, Jma .. n as 3419 South Pennsylvania) fran the alley ause of a difference in elevation, and access to the garage is provided ran Sonth Pennsylv ania Str ; aJ"'d ~. SWedish ledical Cen er is requesting the alley vacation in conjunction >'ith ita Planned velcpront to ac:catModate construction of its proposed p&-kin<,) struc ure and hospital addition with pedestrian and vehicular links to i al; and ~li!DU" .. AS, :he 1\St one-half of the vaca ed alley loQ.l].d be as igned to the er of tho lo s a 3419 South Pennsylvani d provide r with ddi ional land alCI'\9 the rear o p y; and thev Q'\ ! 1 ectla"l; Tt CIT'l -l - I I . • • ,. • Introduced, read in full, and passed on first reading on the 19th day of Decentler, 1988. Published as a Bill for an Ordinance on the 21st day of Decentler, 1988. Attest: SUsan Van Dyke, ~lllyor Patricia H. Crow, city Clerk I, Patricia H. crow, City Clerk of the City of Englewood, Colorado, hereby certify the aboYe is a true copy of a Bill for an Ordinance, intr~, read in full, and pueed on first readi.nq on the 19th day of DecattJer, 1988. Patricia H. Crow I • • •' • .... , r--J • r L-J • • • • DESCJUPTION OF THE PORTION OF ALLEY TO BE VACATED That part of the 16 foot alley lying in Block 5, WEST VIEW ADDI TION TO ENGLEWOOD, City of Enalevod, County of Arapahoe, State of Colorado, being more particularly deacribed aa follova: BEGINNING at the Nortbeaat comer of Lot 1, aaid Block 5, thence !a8ter1y along the North line of aaid Block 5, a diatance of 16 feet to the Nortbweat corner of Lot 48, thence Southerly alona the Weat line of Lota 34 to 48, a diatance of 375 feet, •ore or leaa, to the Southveat corner of Lot 34; thence Weaterly, a diatance of 16 f .. t to the Southeaat comer of Lot 15; thence Northerly along the Eaat line of Lota l to 15, a diatance of 375 feet, •ore or la .. , to the POINT or IICINNING: containina 6,000 aquare feet (0.138 acrea) •ore or leaa. Refer to labibit •A• attached hereto and incorporated herewith. I • • • • • EXHIBIT "A" EAST GIRARD AVENUE (60' R.O.W.) LOT 45 WEST VIBN ADDITI ON TO ENGLEWOOD LOT 42 I . . - • OAT! December 14, 1988 INITIATED IY ACTIOII raOPOSED • • • C 0 U N C I L C 0 K K U N I C A T I 0 N ACDDA ITIII II~ SUIJ!CT Swedish Medical Center Right -of -Way Vacation of the South 366 .10 feet of the 3400 &lock of South Pennsylvania Street . City Planning and Zoning co .. ission Approve the vacation of the right-of -way for the s outh 366 .10 feet of the 3400 block of Pennsylvania Street, filed by Swedish Medi cal Ce nter in conjunction with its Planned Development , for the property bounde d by East Girard, South Logan , East Haapden and the extension of South Ogden . This r i ght -of-way vacation request vaa initiatad by Swedish Medi c al Center in eon · junc tion with ita Planned Devalopeent . Swedish Kadical Center 1a the owner o f s ll th propercy on both aides of the 3400 block of South Pennsylvania adjacent t o th ri t ·o f ·••Y to be vacated . Swedish Kedlcel Center hes requested the rlgh ·o f -wa y va atton t o a c c~t• he proposed parklna structure , hoapital addi t i ons and th p d s rla n and v h !eular links between . The vac ation would aake i pos sib l e to tn · crea s e t he safety of pedestrian• and to t.prove the delivery servic e t o t he hoe p l tal - ORDINAOCE NO. SERIES OF 1988-- • • • BY AtmiORI'l'Y A BIU. FOR COUNCIL BIU. NO. 51 m·moo~,~ ~lEl·lBER_;_ Cf~~ d~~-~lL.I,:_.=.., AN ORDllWCE w.cAT~ THE RIGifi'-OF-I·IAY FOR THE OOl1l'H 366.10 FEET OF THE 3400 BIJXK OF SCXJl'H PrnNSYLVANIA S'mEET rn THE CITY OF EN:iLEI'lX)[), COUNTY OF ARAPAIJJE, STATE OF CClUJW)(). ~, SWedish Hedical Center is the o.mer of property on both sides of the 3400 Block of South Pennsylvania adjacent to the right-of-way requested to be vacated; and ~, ~sh l-1edical Center proposes to construct a parlti.ng . structure and hospital additions with pedestrian and vehicular links to the hospital as necessary inprovenents 'ttl its 1\Edicar CSftJUS; and WHEREAS, a public cul-de-sac is to be retained on South Pennsylvania for l\R)roximately 220 feet south frQ!\ East Girard Avenue for access to the properties a 3419 and 3430 South Pennsylvania and to the parking structure ; and WHEREAS, the City Planning and zoning ssion oonsidered the proposed vaca ion a ting on ' r 15, 19 8, \otlich ing oon inued to Dec:eli:~er 13 , 1988; and loo11DtEAS, the City Planning and Zoning recl\)elst appl"'OIed w th the condi ion u 1 i i , drai.naqe , and l'9l!f'ICY access, o Ci y Council for final on; IL 'nt! CITY Of 0 u. -1 - .... I • • • • • Published as a Bill for an Ordinance on the 21st day of December, 1988. SUsan Van Dyke, f.layor Attest: Patricia H. ero.r, city Clerk I, Patricia H. ero.r, City Clerk of the City of l:))glewcod, Colorado, hereby certify the above is a true oc:py of a Bill for an Ordinance, introci.Jced, read in full, and passed on first reading on the 19th day of Dec::enDer, 1988. Patricia H. Croo.r • • • • • STAFF REPORT CASE *18 -88 RIGHT -OF -WAY VACATIO~ SOUTH 366 .10 FEET OF THE 3400 BLOCK OF SOUTH PENNSYLVANIA STREET STAFF REPORT RE: An application for the vacation of the south 366.10 feet of t he 3400 block of South Pennsylvania Street. DATE TO Bl CONSIDERED: November 15, 1988 . NAKI AND ADDRESS OF APPLICANT : Swedish Medi cal Center 501 East Hampd en Avenue Englewood, CO 80110 ZONE DISftiCT : R-3, High Density Residence District . LOCATIO N Of PaOPOSID VACATION : The rl&ht-of-vay proposed to be vacated is located south of Girard Avenu and north of H-.pden Avenue in the 3400 block of South Pennsylvania Str e . Th portion of South Pennsylvania Street to be vacated is as follows : Th South 366 .10 feet of South Pennsylvania Stree lying orth o th North rtr.h -of-way line of !an Kupd n Av nu aa platt d in II at View Addl lon to Enalevood , Cl y of Enalevood , Coun o Arapaho , tat of Colored , con alnin 21,966 aquare he or 0 S043 acr 1 .or or less . PlOCUUU : Th Cit Plannln and Zonln& Co..laelon'a th C1 Co~ll for f1nel • lon on th r • 1 • nde ton wlll b r d vaea 1on . rr d to I STAFF REPORT CASE fJ18-8 8 RELATIONSHIP TO TD CoxnntENSIVE PLAN : • • • RIGH'I-OF-\o"AY i"A:..I-.7:~•!\ SOUTH 366 .10 FEET OF THE ~400 b~O:K :1 SOUTH PENNSY"~VAKIA STREE: The Co.-prehensive Plan takes into consideration the Swedish Mf'd ical CE-:o.:E: Campus in identifying -dically related uses in the areas adjacent to ::.r.E south, west and east . The Co.-prehensive Plan also designates Logan Strf't::. ~! a Major Collector and Clarkson Street as an Arterial . Within the MPd :csl Can · pus, efficient internal circulation is critical , and the advantage of ha -.-:n~ that internal circulation should be considered in the vacation request D!PARTIIENT OP COIIIIIJIIITY DIV!LOPII!IIT AMLTSIS ARD UC011MENDATION : As stated previously, this vacation request is required to implemu: :t.t Planned Develop .. nt for Swedish Medical Center . The overall pl&n for Swtd :~~ Medical Center is clesi&ned to provide internal circulation for bot. •et.iclH and pedestrians in an effort to lessen the impact of the -dical centf'r or tht surrounding nei&hborhoocls . The closure of Pennsylvania Street will allow for efficient aov nt c f a · ployees, visitors and patients froa the proposed parkin structur •: ::t south east corner of Logan Street and Girard Avenue to the aa !n caapus A publlc cul-de ·sac will be retained for arrroxiaatelv 2:!0 h : sou f:-oa Girard Avenue . The cul·cle·sac will provide accesa to th Dunn rop r 1 s also to the parkin& structure . Sv dish Medical Center has •rr• t; tc- the c ul ·de·sac Th cl osure of South Pennsyh·ania Street ill aean t traveling in front or the Dunn properties and t at th cul·d ·s•c will be traveling at • leas r •r t'd , 1-dleulv aout.h of th Dunn prop rtiea will alto proper vlll b leas direct , es~clall to and Cr I . • • • ..... !It ~ ~ ..... .l ~ ~ Ill ~ ~ .: ~ 0 ----- • • . . • DESCRIPTION or THAT PORTION or SOUTH PENNSYLVANIA STREET TO BE VACATED. The South 366,10 feat of South Pennay1vania Street 1yina North of the North riaht-of-ay liDa of laat Haapden Avenue aa platted in Weat View Addition to lnalawood, City of ID&lawood, County of Arapahoe, State of Colorado, containing 21,966 aquare feat or 0.5043 acraa aora or leaa. • • LOT 39 @ _ 0 t 100 SCALE: 1'=50' A T • • • EXHIBIT "A" LOT 10 WEST V1'2# ADDITION __ TO ENGLEWOOD _® I . • • • • C 0 U N C I L C 0 K K U N I C A T I 0 N DATE AGENDA ITEM SUBJECT December 14 , 1988 11 (C4 1988 Budge t Am e ndm ents INITIATED BY Financ e De pa r tme n t -Ma r ga r e t Freeman , Acting Director ACT I ON PllOPOS!D Appr ove a motion to adopt a resolution amending the 1988 Ge n eral Fund and t h e 19 88 Self Insurance Fund . IA CCC llOtnm Submitted for City Council'a approval are final 1988 budget aa ndments for General Fund and S lf Inaurance Fund . Final budget ... nC..nts are so .. timea n cesaary to naure that all exp nditur ea will be within th legal budget adopted . Aa of Dec m- ltr 14, 1988, all 1988 operating budg ta adopt d for all funda are vi hin th budge t and including aatt.ated year-end expanditurea, all op ra 1ng funda ahould be below budget a Dacaabar 31, 1988 . I th ra are any unforaaeen aerganciea or acta of Cod (ie, anov atora, .. Jor .. lntananca or repair xp nditur a , ate} tha do occur b t v an nov and Dec ab r 31, 1988 and cau a d part .. n or fund o b ov r la el budg , a 1988 bud ... ncs..nt would be c .. a in January, 1989 . Th bud ... n<lllen • au al d er •• oll a : rc a r or $1 0,000 . I -• • • The 1989 budget does include $56,013 for the 1989 lease purchase payments . The lease purchase payments will be reflected as 1989 budget expenditures . Self-Insurance Fund: The Self Insurance Fund's beginning 1-1-88 unreserved balance after reserves of $327,899 was $33,156. During 1988, the Self Insurance Fund has experienced medical claim expenditures that have exceeded revenues resulting in a retained earnings def - icit that has increased each month. The financial status of the Self Insurance Fund was discussed at the October, 1988 Budget Retreat and a report fro• Byerly and Co~any, the City's insurance consul- tants, was .. de available to Council (copy attached), The report included a recom - mendation to increase .. dical insurance premiums by twenty-five percent (25.0\} for 1989 and the increase will ba affective in January, 1989 . At that time, City Coun- cil approved a $161,000 transfer from Canaral Fund to the Self Insurance Fund in order to reduce the deficit . As of November 30, 1911 after deducting reserves of $384,232, the unreserved balanc is ($246,096). Throuah the and of November , 1988 total .. dical care expenditure s have exceeded revenues by $300,044 . The projected December 31 , 1988 defici t i s a p -proxi .. taly $324,000 . The increase of .. dlcal pr .. iu.s in 1919 will help alleviate 1919 increases to th defic it but most likely will not impact or raduca the dafici fund balance in t h s hort tar.. Tba Canaral Fund transfer vlll reduce the deficit to approxi .. taly $1 56 ,000 The City vlll adjust tha raaarvaa required in order to reduce th f und balance daflci and have a positive fund balance at December 31 , 1911 . W ar• cur- •an t l y c onsulttna with lyerly and Company to dafin adequate r serves and shou ld have a final decision by December 27, 1911 . Ctt Co 11 a4op t ha resolution .. kin& ... Admen s to th 191 Ca r at and S 1 ln u ranc Fund bud& ta . I . • • • ;I e. NDFAS, the City Council of the City of En}lewood, COlorado, desires to make certain changes to the 1988 General Fund budget and the Self Insurance FUnd; !Of, ~, BE IT RESCLVID BY 'niE Cl'IY t::XXH:n. (;, 'niE CI'IY CF EN::OLI!HXD, ~, AS FCil.QII): Sectiat 1. ,_ followinq estimated revenues and changes in appropria- tion are fleiibY made in the 1988 General Fund~ and the Self Insurance Fund: ~licatiat of rwo 9e f lnllurance i\iid $168,000 $168,000 Sectiat 2. ,. following ~ ~ and~ in ~ia- ion are f'IM'ibY in the a..ra1 P\lnd. Source of P\lnck X..... Pr~ (lllnif., Dlhoff) $180,000 ~icatiat of 1\lnda Fre-P\ird\Mi Ol rln 1 $180,000 Ollc=-~r. 1 I . . - Mr. Peter Vargas Acting City Manager City of Englewood 3400 S. Elati Street Englewood, Colorado 80110 Dear Pete: • • • September 22, 1988 o 'i?~~)(~~ r ::\1'. I. • 1 SH 2r. 1988 CITY MA l. ' , .. R SQf.FICE ENGLEWOOD CO This letter is in docu.entation of our ~eting of th i s •·•· (9/21/88) on the projected pret~i• rates for the city's partially self funded ~~edical and dental plans for the 1989 plan 1flr. It appears that as of Dece•ber 31, 1988 the city will experience a def icit on all plan operations shown in Margaret FretMn's Self Insurance Report dated 8/31/88 of so.e $186,864. This nu.ber ~~ arrivtd at by reducing YTD deficit of $203,762 by offset to reserve adjustMnt $58,549 (pape r deficit) dividing by .666 (2/3 of year co.ple ted ) and subtracting beginning unreserved retained earnings of $33,156. This wfll leave tout reserves 0/1/88 -$533,528) of $346 ,664 (Includes .edlcal and dental IBMR, stop loss reserve ~dical and long ter. disability) at 12/31/88. ProJec ted Worst Cas S tuatlon 1919 dical (Paid eta + eKpens s versus proj t pr lu. at 251 nc:rease) i s: 1988 Pa Chi•s Inflation 18 1989 ProJ t d Claf l 1/l/ $ 790 ,806 142,345 s lli.l51 , I . • • • 1989 Expected Paid Clai• Situation -Medical Projected 1989 Paid Clai•s ( fi'OII above) Projected 1989 Expenses ( fi'OII above) 1989 Needed Medical Revenue Projected Rate Increase (over 1988 Medical Revenue of $667,028) Reco..ended 251 increase 1989 Short fall $ 933,151 $ 125,000 $1,058,151 58.61 $ 833,784 $ 224,367 To keep the cities .. dlcal plan fi'OII losing additional people to the H.M.O., reco..end thit the rates be Increased by 251 for 1989. The short fall (in the event that it occurs) can be covered out of the total available for reserves. The •st critical situation ts that the •wrst case situation• be covered. If •ney can be transferred fi'OII surplus revenue frot1 prior years savings uftder the cities self lnsu,..d profra• to cover the 1988 projected deficit ($116,164) thetl the wrst case sltuattOft will be covered and un,..served ,..tatned earning wuld total so. $76,000. It appea" at thts point thit the Long Ter11 Dtsabtl tty Plan MY nead a rate Increase for current period ,..vlftues to cover projected 1989 expenses by so. $13,000 -$20,000 depending on p,...i_,. ren ... l (Equitable) and projected clat•. T11ts can be taken about of total projected reserves, 11n,..served ,..talned earnings (as described above) or Increased funding level. The dental plan does not allt)lar to nead .uch If any rate fnc,..ue at thts tfM. All of the above calculations and projections a,.. based on data available fi'OII the cfty•s self funded ,..port dated Autult 31, 1t88 and lyerly a to.peny's chi• aftllysts ,..port thru Autust 31, 19U. The above projections MY be positively or adversely affected by clat• uperflftce and tncreued or d l'tiS tlptftltS. S Inc 1 , c: I . RESOLUTION NO. ~ SERIES OF 1988 • • • A RESOLUTION AMENDING THE 1989 GENERAL FUND. WHEREAS, the City Council of the City of Englewood, Color~do, desires to make certain changes to the 1989 General Fund budget; ll <f NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The following estimated revenues and changes in appropriation are hereby made in the 1989 General Fund budget: Source of Funds General Fund Balance Application of Funds City Council Insurance $22,900 $22,900 Section 2. The City Manager and Director of Finance are h reby authorized to make the above change• to the 1989 General Fund of the City of Englewood . ADOPTED AND APPROVED this 19th day of December, 1988 . Su8an Van Dyke, Mayor A e 8 P ri c{a H. C r o w, c{ rk ct, r • • 0 usa. I • • RESOLUTION NO. SERIES OF 1988 • • • A RESOLUTION APPOINTING JOSEPH W. ESCH AS ASSOCIATE MUNICIPAL JUDGE FOR A FOUR-YEAR TERM. ll~ WHEREAS, pursuant to Part II, Section 68, Englewood Home Rule Charter, •council may appoint one or more associate judges, who shall sit at such times and upon such causes as shall be determined by the presiding municipal judg&;" and WHEREAS, because of expiring terms, Council desires to appoint an associate municipal judge to a new term expiring January 1, 1993; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. Jos ph w. Each shall be and hereby is appointed as Associate Municipal Judge in and tor the City of Englewood, Colorado, for a term co.mencing January 1, 1989 and xpirinq January 1, 1993, unless he should resign or o h rwise be unable to serve in the int ri . ADOPTED Atm APPR OVED the 19 h day o f Dec r, 1988. At e s : Pa r lc{a H. Crow , C{ rk X. p Colo ._, • • RESOLUTION NO. SERIES OF 1988 • • • A RESOLUTION APPOINTING JOHN W. SMITH III AS ASSOCIATE MUNICIPAL JUDGE FOR A FOUR-YEAR TERM. WHEREAS, pursuant to Part II, Section 68, Englewood Home Rule Charter, "Council may appoint one or more associate judges, who shall sit at such times and upon such causes as shall be determined by the presiding municipal judge;" and \"IHEREAS, bacause of expiring terms, Council desires to appoint an associate municipal judge to a new term expiring January 1, 1993; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. John w. Smith III shall be and hereby is appointed as Associate Uunicipal Judge in and for the City of Englewood, Colorado, for a terM commencing January 1, 1989 and expiring January 1, 1993, unless he should resign or otherwise be una ble to serve in the interiM. ADOPTED AND APPROVED the 19th day of December, 1988. A p H. Crow, C{ y Clerk I, Pa Color , h IO. _, Susan Van Dyke, Mayor p c y of ru copy o t!. Crow n9levood, solu ion I • • • • • • • • ... 11 cv) RESOLUTION NO. ~ SERIES OF 1988 A RESOLUTION APPOINTING HAYDN SWEARINGEN AS ASSOCIATE f.1UNICIPAL JUDGE FOR A FOUR-YEAR TERM. WHEREAS, pursuant to Part II, Section 68, Englewood Home Rule Charter, "Council may appoint one or more associate judges, who shall sit at such times and upon such causes as shall be determined by the presiding municipal judge;" and WHEREAS, because of expiring terms, Council desires to appoint an associate municipal judge to a term expiring January 1, 1993; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. Haydn Swearingen shall be and hereby is appointed as Associate Municipal Judge in and for the City of Englewood, Colorado, for a term commencing January 1, 1989 and expiring January 1, 1993, unless he should resign or otherwise be unable to serve in the interim. ADOPTED AUD APPROVED the 19th day of December, 1988. A tea Pa rlcla H. Crow, City Clerk Crov, City Cl rk Color do, h r by c r 1fy h bov is a • ot ua . Pa City of ngle od, copy of R aolu ion H. Crow I • • I - .- • • • RESOLUTION NO. ~ SERIES OF 1988 ,. • • • A RESOLUTION APPOINTING THOMAS J. BURNS AS ASSOCIATE MUNICIPAL JUDGE FOR A FOUR-YEAR TERM. WHEREAS, pursuant to Part II, Section 68, Englewood Home Rule Charter, "Council may appoint one or more associate judges, who shall sit at such times and upon such causes as shall be determined by the presiding municipal judge;• and WHEREAS, because of expiring terms, Council d~aires to appoint an associate municipal judge to a new term expiring January 1, 1993; UOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEh~D, COLORADO, THAT: Section 1. Th o aaa J. Burn a s hall be and hereby is appointed as Associate Municipal Judge i n and f o r the City of Englewood, Colorado, for a tera commencing January 1, 1989 and expiring January 1, 1993, unle ss he s hould resign or otherwise be unable to serve in the inter! • ADOPTED AND APPROVED the 19th day of December, 1988. A a t: Pa r lcl a H. Crow, Cl y lerk I, Patrici H. Crow, Color o. h r y c r tfy h o. _____ , & ri a ot 1 8 • Susan Van Oyk , Mayor rlt or th c is a ru c ... I • • • How will cities respond and how can EPA ease funding shOrtfalls? by Chuln L Cri&zle In the past two de<:.ades this country hu ~n tremendous progrns in th~ con- trol of conventional pollutilnts. For th~ most pan, buic neNs in tf'm\S of drink- ing Willer, wastewat~ and 10lid wute disposal now .uc adequ•trly provided at thc community level. Regulo~tions, •nd the me-ans to mlorcc thf!m, are in pl,a«" to tnsure national environmental standards olf't'rnt"t. While n~tions do n:ist, the environ- men~! infrastructure t'nvisionrd whm EPA wu first ~•ted srrvn this country wdl. lnf~structure implies c.api~l spmd- in&. Tr.adition.ally, the funds for pollution control fACilities h.1w bern cit he-Y wholly "'portiolly provided by Jhe public 11«"10<. l..aal ~IS typially O<COUnt lor the pNtftt pooportion of -,.._. nua. while-ErA, ttw state. and ln a few CMft tlw private 1«t0r make up tlw ~ -tluoush """"and""-'"""' of-..... For ~uons eumined below, fftOI"e and -ol the financial burden lor mfttinc .. riel.,. and""'"' coot.ly enviton- ,_,,.. .........,,.. will loll on municipal• itlft .... will dlln and-......-n What altorna"-• .., avoilol>leto limply ,_..the ..a on to ol....ty.-t laapo)'80f And who~ 1ft oil-. <M\the -. ............... t-opodllcally tlw & ............... -Apftq- .... to t.dlllooo ---and ---......... to amldpoiOd r-.. ,_..,... ---ohHdto ,_..""' -·· -tf ~IIMOallootp A -.,.....t. to the -n .... Mial .-.r.u ;., ... -~a~ -.. .. ---~ ........... .. __ .......,...._.,. . .._ ,..,._ o...-.n-.... -.......... __ _, .... _.,""' ....... dol~--........ ""'_ ...,.-.--.-....... --.. -,.......... ........ --.-__ ....,_tlw...-ow• ........ lllio4. -_,. .... ,_..of......,po""' ........... ---·-p~Mir -.. FINly.--..... -.... ,... .... __. ............. .. ,., ........... ·-··-...... ,.......,,,lliiiftiiiSC M,_.__ .... _._. _,.,... .. ...,.._...,.,., _,-... -..--, ........................ h _..,......,..,__ ......... _....,....-__ ................... ----...-. Costs to be~ for small cities, EPA told SINU cities will br npecially impKtC!d by the si&nif.ant costa of recent and futu~ environmrntal rqut.tions xcording to a new study by tM Environment&] PnM«tion~. The rqo1 by an •seneY comrniHec to Administrator Lrr M. Thomas sugets that the fercknl and state governments may Mve to consideT new ways to he:lp those aff«tN by about 85 major rules. includin& new controls on pesticides, drinking wat« ~lity. KWatr treatment and gartMge dispoul. The report sumrM.rizcs tM findinp of three stud.ies desiped to tab a f11'5t look at the combined impacts of the new rqulations on munK:ipA1itics, SIN.ll business and ..,;cuttu,.. Uch study, however, limits the ranse of its aNlysis to a sample of sourtn in ita sector, •nd the rosts and n'ft1 the final forms o( many o( the rq;uUtions studied ·~ not yet certain. f-o< cop;.. of the repo<1. contact 8o'mda C"'""" at ErA at (202) 382-4454. 0 Tho t«<NN and third ""'Is..., d-ly ~latcd. M.ny communities have hem Uloin& innovative fin.ncinc methods for environmmtal compl~ with ~at -. Some o( -lectoniqun in- dude dev<loper finandns and OIIKilono. rozjonaliution, lllte -and rnolvlns funds, and variatioN of public/private ownenhipand oporationofen_.....,_ tallaeilitift. What II~ Ia thot in .,.. .-a the _.t hoa been in· cruMd lftpONibillty lor the private _. tor In 11\eetln& ~n•ironmental ...... o-""' .... ft -tho,~ hoa ..,.._ ......... of public_,.;vato ,..-;p. within -. of our 10 reo panal junodicliDnL 0.. olojoctiwe Ia to ---<Me-tlwole- --~ .. -...... ...... -.--thia .......... tion ---... --· Tlw-pllllho-- Laal--a-of-.-. and-....,.. to-that ..... -~ --findlnc ............ "'""'""" .................. -.a Tlwdlolopo .. -..oy ... ~ 1-.Np-on 1'\oWot-- ..-..,hold~Uitl­...,..o.c. hwW--...a-o( ................... --. ... -. ... -.... of,........_ --local..--.,....... -,..c...,..-...... -...- des. Dilcuooion will not be limiiOd to public·privote partnenhipa, but incluclea ;....., IIUCh u lq;iolatiwe and ~lotory <honcn-technolocY ~ran~~.... and rill< ma....-L - W. at ErA hope to encouroco the trend toward peter private .oor in· "'fttmmt in environn~\La.l f"''O'ftt· Our ltnter;y Ia -.old: Identify the impodi- rnents and i:na!ntiW'J to ,n.a~ 8I!Ctor lnvolvemen~ and won t-ordoo c:hon&e '""""' appropriate. Ono obllo<W Ia ol- rudy clur. Tlooro Ia a -t nood lor •nlormotion -shorinc-"""""""tioo -how IU<CI!Oilully en-public- priva,. --and---'<! do .. but lor lkk of pn<lial ooqoorion<t . Thlalacilitotcw'o '* Ia ,.....,..llw- ,-......,...., El'ollaonoflftoothe local ~owl C-aidllo&- ,..,.,.. ........ -.,tlw19«11 ho ... -.---...... amount of ... ~ pant ,_., evaiWIIrt•toc:aJpaceAW&C..... ~y. ..... _..,. ... __ -" --.... -· -""' ...,..._,.-At tlw ___ ......,_.._ oholiOd .,_ --,._... ... ..... ......,. __ ...... _ -.n. ........ -- --M rm~• ----- LOCAl. SHMIE OF EJMRONIIENT AL IEXJIBD'T\N IS NSING- _, _ , .. , NATIONAL TOT I .._...,.. ----·-- partly .. a .-It of ""'cloq>ly hold oocio1 value that pollution. •whfte' found. olooid be dimiNotod. Thus. the ~ environ"'"'tal infrastructure will be overlaid with o t«<NN mund ol rosulo· hans. strictrr. maft mcompa•n~-and ~ npms.ift-~n the first Many of those repalations have al~ady been pro- mul&"tod, ottwr. soon will be. Clearly. future etvironmtonUI prosrrss i5 not simply a malleT of suffacieont will- powe-r. rubl.K opinaon polls consiste-ntly show the •trmgth ol thot •upport. Tho issue is one or fundin&-with the focus on who should pay for rnvironmmlll pro-- toction. Tho Shortfall lludset quostionl ..., not new pound. Qnn.-tly, eqult.bJe an-anpnwnta an be wonro out throush ""' normal pv.- •nd-tako o( in~IAl mobonl. liowevor, the ._.;tude olthe "-tlool .......... projoc:tod public 'undine lor mYiranmental propams and Owir antid- paiOd COols _.. this oppooacto Ia no lonpriUffidonL . For ...... p~e .• """"' ~ by Wado Miller and Aooociat .. pnoj«U thot statft wiU need to •rrnd in the nftchbcw· hood o( f 175 ... .wlon annually to imple- ment Salo ~ w. .... Act ~ tionl. Vel IYoiloble ... ,. ond -... ...__ total only about flO milliaft, ln'""c .. _. $95--.a. '"t)w ........... ~~·.,,. -s..r...,. of l'uNidy Owned --- --(l'OTW•) -that fully uo...-.. .-,._.,.....,. .. I'OTW• up to -..._. ---. ... ....,_of __ _ ....._.._...., .. ly ""' ,.... 2000. ll'A -total .-.al~foraDet••••~ tal ,...... to -.. ""' -., $74 no. ......,.... to • 1911 total ., lS4 -Of ""' total "' ""' .,_ 21100. ........ -~~ ,...,.aod to ... 654 .....-. .....,...t to 49 .1 ,._... .. 191 1. ,_.and--. .. ""' ............ dodoM-a-15 4,..._ • .....,u,.........o(total 4 •• £ ... ,.,... ............ ...... __._ ""* .. -,_..,. -n.. I ACCO UNTING R ULES IRK A e DITORS A 1lgmfkant num~r of tale and local offi- cials could MJOn ~ mg r~ 1f ne • •crountmc rules proposed b the CO\ ern- mental \ccountin tan- dards Bnard o anlo If • • • NEWS I • • • • • SOON YEE SCOTT "· CITY OF ENGLEWOOD Colo. 225 CllnolnP.J,US (Colo~ IIIJI thereto. See Boyd v. Bro,.,n, 79 Colo. 568, I . Physicians and Surc~n• e=-5(3) 247 P. 181 (1926). Where trial court found competen t e\·i· The issue of the propriety of the trial d nee on record to support council's deci ion court's decision is not before UL Jac:aran-to deny license for massage parlor, and da, if it wishes to contest the appointment renand ,. ... premised solely on conclu£ion on the merit&, may do so by entering a that applican t had been denied procedural pneral appearance. due process, remand was final judgment I v.·oul d therefore either transfer this ripe for appeal . Ru les App Proe. Rule matter to the Supreme Court pursuant to l(a 1). f 13-4-11 !Xa). R 1973, or affirm the %.. Ph) iciana and llrJ~n• -5(3) trial court's appoinl~Mnl of a receh·er and remand for f urther proceedingL SOO. YEE OTT dl'o/a . 'e Tolc)o flfaau&'e. Plaintiff-Appellee and ·Apptllant. CITY or 1.£11' ,........, ..... ., , ....... ~ .... I . • • • 226 Colo. 672 PACIFIC REPORTER, 2d S ERIES decision evidencinc conflict of interest on part or decision JUker, and takinc of publie stance on policy issue relatinc to upcoming hearinc does not, in &blence or lho•;n, of bias, di~qualify decision JUker. U CA. Const.Amenda. 5, 14. 7. Collltitlltioul La -2!7.2(1) Condu 1 of ot~· coullCll inc petition dri,·e in Scott .... as not denied due process or law. Scott c:ross-ap Js, assertinc lacll of com- pclEnt e,·idence on the record to upport the Council's decision to deny the liaenle. We acree ,.;tb En , and re,·ene. Before reaching c merit.s of tbis a I, t ,..o jurisdietional i must resohed. The fii'St, ... hieh ,..as rai by tbi court ua nte, is ., r the trial eo rt's decision to remand co titu a final j~t. CAR. l(aXl); See Hait v. Miller, 38 Colo. A pp. 503, 359 P 2d 260 ( 1977). The -.ond, which is raised by En( .,.ood on appeal, is "hether Scott's failure to join the Council ft the trial co rt v.i thout jurUdietio to re,·j the Cou 1l'a action. I . • • - SOON YEE SCOTT "· CITY OF ENGLE\\'000 Colo. 227 O.ni71 P.U UJ (c:..App. •-1 defendan t in the petition is not jurisdiction-process "'U satisf"Jed u Neal disqualif"Jed all y fataL Ct. Tri-State Genention & himsel f from participatin&' in the decision- TranMnission C.o. v. City of Tbornton, 647 maldfl&' pi"'<'eSS and that the Council's deni- p .2d 670 (Colol al of the massap parlor license "-as based II on mpetent e\'idence. I . • • • 228 Colo. SiZ PACIFlC REPORTER, 211 SERIES ['1 An adjudicatory hearinc ,.;n be held t.o hne bee conduct.ed impartially in lhe abseDOe of a penonal, financial, or official stalce in lhe decision e\~ncinc a conflict of interest on tbe part of a decision-l~~Uer. The taltinc of a publie rtance on a policy issue related t.o an upcominc bearinc does not, in lhe at-nee of a s.ho•;nc or bias, disqualify lhe decision-maker. [7) Since lhe conduct Fitzpatrick d t amount t.o a conflict of interert, 1t merit. no further dix · · eal lldA!d properly in ditqualif);ftl hi If from lhe decision t.o appnn e or disappro,·e lhe pro- paRd license. And, because of · disquali- fication, tbe decision NIICIUDi tbe mas- ace parlor licase ...-u rendered by a quasi- judicial ntity comsx-1 · I partial mem AI vd th directions t.o rcinsta~ lhe decision of tbe Council STERNBERG and BABCOCK, JJ., con- Oir. la re the MAJUU.AGE OF CoriM GlUIORE, A~ u4 1. Divon:e -zn In \"ieW or f : rearaca of mai any judrment, tr1 diction in limitit sucll judp>ent, 1 ou t $250 illltall \"U fOilrCie 0\'( means of liquida 1 in c execution c. z. m.-..u -u ai ~na of ..-ife and u•1 mined u of dat · 3. Divon-e -! Trial court I RESOLUTION NO . ~ SERIES OF 1988 • • • A RESOLUTION RECOMMENDING THE APPOINTMENT OF COUNCILMAN WILLIAM A . CLAYTON JR. TO THE ENERGY ENVIRONMENTAL AND NATURAL RESOURCE POLICY CO~~ITTEE OF THE NATIONAL LEAGUE OF CITIES . WHEREAS, the City of Englewood is concerned with energy, environmental, and natural resource issues ; and IJHEREAS, a report has been subr.~itted to National League of Cities regarding energy, enviro~~nt, and natural resources focusing on a number of policies that are vital to the well-being of local governrnen in the co ing years; and WHEREAS, the proposed solid waste policy of the tlational League of Cities identifies that there is a real need for federal gover~ent to respond to major proble~s at the local level; and WHEREAS, a new national waste policy is being formulated and local government will have a responsibility to implement the new policy ; and UHEREAS, the City of Englewood does not now have a representative to the energy Environmental and Natural Resource Policy Committee of th ational L ague of Cities; and lfflEREAS, the ctivi iea of i c on not only Englewood bu of its work with and r eco ndat this Co ittee would hav an all citie in Colorado because o na concerning wastes in gen ral a~d uperfund pol c and c nn r. ha , o v r and person 1 tra OLVED BY TR CITY C T: • 1 CIL OF TH • 1 '· I . - • • • • • • I, Patricia H. Crow, City Clerk for the City of Englewood, Colorado, hereby certify the above and foregoing is a true copy of Resolution No. , Series of 1988. Patricia H. Crow I • • RESOLUTION NO. ~ SERIES OF 1988 • • • 14 (b) (i ) A RESOLUTION ESTABLISHING ANNUAL SALARY FOR THE CITY ATTORNEY AND HIS ASSISTANTS FOR THE CALENDAR YEAR 1989. WHEREAS, the City Council, by Section 64 of the Home Rule Charter, has the responsibility of appointing a City Attorney and ~ay provide the City Attorney with such assistants as Council may deem necessary; and WHEREAS, also under Section 64 of the Home Rule Charter, Council shall establish compensation for the City Attorney, his assistants and special counsel; JO\l, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: The following annual salaries for the City Attorney and his full-time assistants for the calendar year 1989 are hereby estab ished as follows: Gk-y -.\t.t.orney- Assistant City Attorney (Prosecutor) Paralegal Confidential Secretary *:-":""":'~~!"":::""-­$._.;.og..,,j"77 ......... s:...;?':......:.?~- $-.~d~<3u;,.::;:..,;;.A...,:'t',....__ ·--~e<~~t,{~···-,-~17~()~--- ADOPTED AND APPROVED this 19th day of Dec r, 1988. usan Van Dyk , May o r A t s p • c c 'I 0 Color co y of .o . -· , I • • RESOLUTION NO. SERIES OF 1988 • • • 14 (b) (il) A RESOLUTION ESTABLISHING ANNUAL SALARIES FOR THE MUNICIPAL COURT JUDGE AND ASSOCIATE JUDGES FOR THE CALENDAR YEAR 1989. WHEREAS, the City, by Charter, has the responsibility to adopt a Resolution determining the salaries of Council appointees and the Municipal Judge; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: The following annual salary for the Municipal Court Judge and daily salary for Associate Judges are hereby established for the calend~r year 1989, tow t: /.,... t. t<-<. ~4.~--' ,~.~rk#t. ~ I Municipal Court Judge ~ $ S3 2 .g. Associate Judges $ 'Sl? per day ADOPTED AND APPROVED this 19th day of Deceaber, 1988. Susan Van Dyke, Mayor ATTEST: Pa ric{a H. Cr , C{ty Clerk Ci ty o f Entl , Color c py o olut ion ·-· Pa ricla H. c r I • • • - • • -? J r !Lu 'fti'Jt et ----~. {.. t ' AGEJI)A E1t / PIESOfTm IY L} ) . fttli I tt r· lv. 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