HomeMy WebLinkAbout1981-10-05 (Regular) Meeting MinutesREGULAR MEETING:
COURCIL CHAMBERS
CITY or IRGLIWOOD, COLORADO
October 5, 1981
'lbe City Council of the City of F.nglewood, Arapahoe
County, Colorado, met in regular ••••ion on October 5, 1981,
at 7:30 p.m.
Mayor Otia, preaiding, called the meeting to order.
'lbe invocation waa given by Jamee Clark, Minister of
Mayflower Congregational Church, 3001 South Acoma Street. The
pledge of allegiance waa led by Boy Scout Troop 192.
Mayor Otis asked for roll call. Upon a call of the
roll, the following were preaent:
Council Member• Higday, Real, Fitzpatrick, Keena,
Bilo, Bradshaw, Otis.
Abaent: None.
'lbe Mayor declared a quorum present.
* * * * * *
Aleo present were: City Manager Mccown
Aaaiatant City Manager Wanush
City Attorney DeWitt
Aaaiatant City Attorney Holland
Director of Community Development
Powers
Deputy City Clerk Watkins
* * * * * *
COURCIL MIMBlll BRADSHAW MOVED TO APPROVE THE MINUTES OF
THI SPECIAL MEETING or SIPTIMBlll 14, 1981. Council Member Keena
seconded the motion. Upon a call of the roll, the vote resulted
aa follow•:
Ayea: Council Me•b•r• Higday, Real,
Keena, Bilo, Bradahaw, Otis.
Fitzpatrick,
Nays: Rone.
The Mayor declared the motion carried.
* * * * * *
I
I
October 5, 1981
Page 2
COUNCIL MEMBER KEENA MOVED TO APPROVE THE MINUTES OF
THE REGULAR MEETING OF SEPTEMBER 21, 1981. Council Member Bilo
seconded the motion. Upon a call of the roll, the vote resulted
aa follows:
Ayes:
Nays:
Abstain:
Council Member• Neal, Fitzpatrick,
Keena, Bilo, Bradshaw, Otis.
None.
Council Member Higday.
'lbe Mayor declared the motion carried.
* * * * * *
COUNCIL MEMBER BRADSHAW MOVED TO APPROVE THE MINUTES
OF SPECIAL MEETING OF SEPTEMBER 28, 1981. Council Member Keena
seconded the motion. Upon a call of the roll, the vote resulted
aa follows:
Ayes:
Nays:
Council Members Higday, Neal, Fitzpatrick,
Keena, Bilo, Bradahaw, Otis.
None.
'lbe Mayor declared the motion carried.
* * * * * *
A recognition cere11e>ny was held for the participants in
the "Work-Recreation" Proaraa. Mary Campbell assisted Mayor Otis
in preeentlng the certlflcat••· 'lbe following youth were present:
Steve Bell Scott Blunk Amy Gibson
4601 s. Lipan 4640 S. Washington 4801 S. Inca
Laura Gibeon Dana Gieliaaen Danny Glenn
4801 S. Inca 1317 I. Belleview 4090 S. Pearl
AnlelA Haidon Yvette Helfer Davia Lehnua
46 5 S. Logan 4180 s. Jaeon 3730 S. Elati
Laurel Lehnua Darren Nicode11Ua Lisa Osgood
3730 S. Elati 1801 I. Girard, 1265 624 E. Amherst
Mike Oegood Ja•ie Wallace Sheleigh Wilks
624 I. Amherat 4585 S. Grant 4270 S. Inca
October 5, 1981
Page 3
'l'hoae not present were:
Jennifer Elli•
4821 s. Inca
Kim Mitche•
4729 S. Acoma
Q\ria Hanley
2706 s. Grant
Stacy Stevena
3835 S. Logan
Eric Lone
5045 S. Delaware
Jeff Weist
4550 S. Inca
Mayor Otis expreaaed appreciation to the young people.
* * * * * *
COUMCIL MIMllR KllMA MOVED TO APPROVE A PROCLAMATION
DICLARIMG THI WEIK or OCTOllR 18 -24, 1981, AS "NATIONAL BUSI-
RISS WOMER'S WEIK". Council Me•b•r Bilo seconded the motion.
Upon a call of the roll, the vote reaulted aa follows:
Ayea:
Haya:
Council Member• Higday, Neal, Fitzpatrick,
Keena, lilo, Bradahaw, Otis.
Rone.
'l'he Mayor declared the motion carried.
Ma. Lorraine Jenkin•, preaident of the Englewood Busi-
ness and Profeaaional Wo••n'• Club, and Ma. Pat Quinn, Chairman
of National lualn••• Wo•en'• Week, were present to accept the pro-
clamation.
* * * * * *
Pre-1cheduled visitor, Ma. Gerri C\Dllina, president of
Arapahoe Countf Lealue of Women Voters, was preaent. Me. Cummins
noted the City • 19 2 budget was being prepared and asked Council's
conaideration toward• a contribution to the League in the amount
of $750 for 1982. She noted this was what the City gave last year
to the League. Ma. Cumaina distributed aamplee of the type of liter-
ature the League publi•h•• with the help from agencies like the City.
* * * * * *
'lhere were no other viaitor• at this time.
* * * * * *
Mayor Oti• opened the meeting for the continuation of
the public hearing on the ordinance on final reading approving the
whole coat of the improv .. enta made in Downtown District No. 1980-1
and the a•••••••nt roll.
October 5, 1981
Page 4
Susan Powers, Director of Community Development, came
forward and presented a •emorand\D in response to the questions
asked at the public hearing on September 14, 1981. Ms. Powers'
reaponae included a reco .. endation to change the assessments of
3484-6 South Broadway and 7-9-11 West Hampden Avenue.
COUNCIL MEMBER BILO MOVED TO ACCEPT THE MEMORANDUM
DATED SEPTEMBER 28, 1981, FROM SUSAN POWERS, DIRECTOR OF COM-
MUNITY DEVELOPMENT. Council Me•ber Keena seconded the motion.
Upon a call of the roll, the vote resulted as follows:
Ayes:
Nays:
Council Me•bera Higday, Neal, Fitzpatrick,
leena, Bllo, Bradshaw, Otis.
Rone.
'lbe Mayor declared the •otlon carried.
'lbere were no other co .. enta.
COUNCIL MIMIBR lllRA MOVED TO CLOSE THE PUBLIC HEARING.
Council Me•ber Pltspatrlck seconded the •otion. Upon a call of
the roll, the vote resulted as follows:
were:
Ayes:
Nays:
Council Me•b•r• Higday, Neal, Fitzpatrick,
leena, li1o, Bradshaw, Otis.
Rone.
'lbe Mayor declared the •otion carried.
* * * * * *
"Co .. unicationa -Ro Action Recommended" on the agenda
(a) Minute• of the Liquor License Authority
•••ting of August 19, 1981.
(b)
(c)
Minutes of the Board of Career Service Com-
•i• • lonera meeting of August 20, 1981.
Minutes of the Housing Authority meeting of
Auguat 26, 1981.
(d) Minutes of the Public Library Board meeting
of S.pt .. ber 8, 1981.
(e) Minute• of the Planning and Zoning Commission
•••ting of Septe•ber 9, 1981.
October 5, 1981
Page 5
(f)
(g)
Minutes of the Parks and Recreation Commis-
sion meeting of September 10, 1981.
Memorand\D from the Director of Libraries
to the City Manager concerning her attend-
ance at the American Library Association
Conference, June 26 to July 2, 1981 in San
Francisco.
(h) Memorandm from the Acting Fire Chief to the
City Manager concerning his attendance at
the International Association of Fire Chiefs'
108th Annual Conference in St. Louis, Missouri,
September 13 -16, 1981.
COUNCIL MEMBER BRADSHAW MOVED TO ACCEPT "COMMUNICATIONS -
NO ACTION RECOMMENDED" AGENDA ITEMS 5A -5H. Council Member Keena
seconded the motion. Upon a call of the roll, the vote resulted
as follows:
Ayes:
Nays:
Council Me•bera Higday, Neal, Fitzpatrick,
Keena, Bilo, Bradahaw, Otis.
None.
'nle Mayor declared the 110tion carried.
* * * * * *
'nlere were no "Co~nicationa -Action Recommended".
* * * * * *
City Attorney DeWitt reco .. ended amendments to Council
Bill No. 75 in accordance to Ma. Power•' memorandum to reflect con-
formity to the a••••••ent for11Ula. On pafe 1, last paragraph, last
"Whereaa" change $219,559.54 to $223,387. 6, and change ~359,867.77
to $356,048.45. On pafe 4, Section 6., chanfe $359,867.77 to
$356,048.45. In Exhib t A, page 2, Proferty dentification PPI
Number 1971 34 4 00 024 change $26,335. 2 to $25,380.29. In Exhibit
A, page 4, Property Identification PPI Rwlber 1971 34 3 17 008
change $17,586.34 to $14,721.85.
ORDINANCE NO.
SERIES OF 1981
BY AUTHORITY
COUNCIL BILL NO. 75
INTRODUCED BY COUNCIL
MEMBER FITZPATRICK
AN ORDINANCE APPROVING THI WHOLI COST or THE IMPROVEMENTS MADE
IN DOWMTOWM IMPROVIMENT DlSTRicr NO. 1980-1, IN THE CITY OF
October 5, 1981
Page 6
ENGLEWOOD, COLORADO; APPROVING AND CONFIRMING THE APPORTIONMENT
OF SAID COST TO EACH LOT OR TRACT OF LAND IN SAID DISTRICT;
ASSESSING A SHAil! OF SAID COST AGAINST EACH LOT OR TRACT OF LAND
IN THE DISTRICT; PRESCRIBIIG THE MANNER FOR THE COLLECTION AND
PAYMENT OF SAID ASSESSMDTS; AND DECLARING AN EMERGENCY.
COUNCIL KIMBER FITZPATRICK MOVED TO PASS COUNCIL BILL
NO. 75, SERIES OF 1981, OI FIRST READING, WITH THE AMENDMENTS
AS READ. Council Me•ber lradahaw aeconded the motion. Upon a
call of the roll, the vote reaulted ae follows:
Ayea:
Raya:
Council Member• Higday, Neal, Fitzpatrick,
Keena, lilo, Bradshaw, Otis.
None.
'l'he Mayor declared the motion carried.
* * * * * *
City Attorney DeWitt propoaed an amendment to Council
Bill No. 69 eatabliahing procedure• before various hearing bodies
for the City of Englewood. Mr. DeWitt noted the proposed amend-
ment would be on pafe 3, 1-7-4 CO!iltENCEMERT OF PROCEEDINGS, chang-
ing "administrative to "HEARING". Mr. DeWitt recommended this
change so the term could be uaed in a generic sense for broader
applicability.
City Attorney DeWitt proposed further legislation
dealing with aubpoena power with the Liquor Licensing Authority,
the Career Service Board and other bodies at a later date.
ORDINANCE NO. 68
SERIES OF 1981
BY AUTHORITY
COUNCIL BILL NO. 69
INTRODUCED BY COUNCIL
MEMBER BILO
AN ORDINANCE AMENDING TITLE I, CHAPTER 7, OF THE ENGLEWOOD MUNICIPAL
CODE '69, AS AMENDED, RELATING TO RULES OF PROCEDURE BEFORE HEARING
BODIES OF THE CITY AND PROVIDING FOR APPEAL THEREFROM.
COUNCIL MEMBER BILO MOVED TO PASS COUNCIL BILL NO. 69,
SERIES OF 1981, ON FINAL READING. Council Member Keena seconded
the motion.
COUNCIL MEMBER BRADSHAW MOVED TO AMEND THE MOTION ON
PAGE 3, SECOND SENTENCE IN THE PARAGRAPH 1-7-4 "COMMENCEMENT OF
PROCEEDINGS", TO READ AS FOLLOWS: "IR ANY PROCEEDING INVOLVING
October 5, 1981
Page 7
THE APPEAL OF A DECISION OF A CITY OFFICIAL, BOARD OR COMMISSION,
THE APPEAL PROCEDURE SHALL IE COJllllENCED BY THE FILING WITH THE
CLERK OR RECORDING SECRETARY OF THE afdJMHttSHNftffr HEARING BODY I
••• OR OTHER ORDINANCE INVOLVED." Council Member Fitzpatrick
seconded the motion. Upon a call of the roll, the vote on the
a11endaent resulted as follows:
Ayes:
Nays:
Council Members Higday, Neal, Fitzpatrick,
Keena, lilo, Bradshaw, Otis.
None.
'lbe Mayor declared the motion carried.
Council Me11ber Neal asked what process was used when
aolicting input from the various boards and co111Dissions.
City Attorney DeWitt stated at the direction of Council,
he sent a memo with a copy of the proposed bill to each of the
quasi-judicial boards and co .. iaaions. He received written co111Dents
fro• a number of the board m .. bera and also received oral responses
fro• certain board me11bera. In addition, he received replies from
staff •embers primarily from those me11bera who deal with quasi-.
judicial boards on a co .. on baaia. With respect to the Career Ser-
vice Board, he diacuaaed thia matter with the attorney for the
board who felt subpoena powers ahould be authorized as did several
of the other boards. 'lbia information was received after the bill
waa read on first reading. Mr. DeWitt recommended an additional
ordinance containing language dealing with subpoena power at another
time.
Upon a call of the roll, the vote on the original mo-
tion resulted as follows:
Ayes:
Nays:
'lbe Mayor
ORDINANCE NO. 69
SERIES OF 1981
Council Members Higday, Neal, Fitzpatrick,
Keena, lilo, Bradshaw, Otis.
None.
declared the motion carried.
* * * * * *
BY AUTHORITY
COUNCIL BILL NO. 79
INTRODUCED BY COUNCIL
MEMBER NEAL
I
October 5, 1981
Page 8
AN ORDINANCE APPROVING AM EASEMENT WITH SOUTH ARAPAHOE SANITATION
DISTRICT AND SOUTHGATE SANITATION DISTRICT CONCERNING CERTAIN
REAL PROPERTY OWNED BY THE CITY OF ENGLEWOOD, COLORADO.
COUNCIL MEMBER NEAL MOVED TO PASS COUNCIL BILL NO. 79,
SERIES OF 1981, ON FINAL READING. Council Member Bradshaw sec-
onded the motion. Upon a call of the roll, the vote resulted as
follows:
Ayes:
Nays:
Council Members Higday, Neal, Fitzpatrick,
Keena, Bilo, Bradshaw, Otis.
None.
'lbe Mayor declared the motion carried.
ORDINANCE NO. 70
SERIES OF 1981
* * * * * *
BY AUTHORITY
COUNCIL BILL NO. 77
INTRODUCED BY COUNCIL
MEMBER BILO
AN ORDINANCE AMENDING TITLE IX, CHAPTER 4, SECTION 3, OF THE
ENGLEWOOD MUNICIPAL CODE OF '69, AS AMENDED, ALLOWING DELIVERY
OF FOOD PRODUCTS TO EMPLOYEES OF COMMERCIAL AND INDUSTRIAL
ESTABLISHMENTS ON PUBLIC RIGHT-OF-WAY.
COUNCIL MEMBER BILO MOVED TO PASS COUNCIL BILL NO. 77,
SERIES OF 1981, ON FINAL READING. Council Member Fitzpatrick
seconded the motion. Upon a call of the roll, the vote resulted
as follows :
Ayes:
Nays:
Council Members Higday, Neal, Fitzpatrick,
Keena, Bilo, Bradshaw, Otis.
None.
'lbe Mayor declared the motion carried.
* * * * * *
COUNCIL MEMBER KEENA MOVED TO APPROVE THE PROCLAMATION
DECLARING OCTOBER 11 THROUGH 17, 1981, AS "DOMESTIC VIOLENCE AWARE-
NESS WEEK". Council Me•ber Bilo seconded the motion. Upon a
call of the roll, the vote reaulted as follows:
Ayes: Council Member• Higday, Neal, Fitzpatrick,
Keena, Bllo, Bradahaw, Otis.
October 5, 1981
Page 9
Nays: None.
'lbe Mayor declared the motion carried.
* * * * * *
City Attorney DeWitt transmitted a copy of a summons and
complaint in a matter concerning sales and use tax ordinance and
Chromatics, Inc. Mr.DeWitt aaked for permission to defend the City
in this matter.
COUNCIL MEMBER KEENA MOVED TO AUTHORIZE THE CITY ATTORNEY
TO DEFEND THE CITY IN THE MATTER OF CHROMATICS, INC. VS. THE CITY
OF ENGLEWOOD. Council Member Bilo seconded the motion. Upon a
call of the roll, the vote reaulted as follows:
Ayes:
Nays:
Council Members Higday, Neal, Fitzpatrick,
Keena, Bilo, Bradshaw, Otis.
None.
'lbe Mayor declared the motion carried.
* * * * * *
City Attorney DeWitt transmitted a copy of summons and
complaint in the matter of After The Fox, Inc., vs. Encore, Inc.
and the City of Englewood. Mr. DeWitt stated the case comes as
a result of a denial of a transfer of liquor license to After The
Fox and the subsequent hearing concerning the transfer to another
party. Mr. DeWitt aaked for permission to defend the City and
members of the Liquor Licen•ing Authority in this matter.
COUNCIL YFJtBER BILO MOVED TO AUTHORIZE THE CITY ATTORNEY
TO DEFEND THE CITY ARD MEMBERS OF THE LIQUOR LICENSING AUTHORITY
IN THE MATTER OF AFTER THE FOX. Council Member Keena seconded
the motion. Upon a call of the roll, the vote resulted as follows:
Ayes: Council Members Higday, Neal, Fitzpatrick,
Keena, Bilo, Bradshaw, Otis.
Nays: None.
'lbe Mayor declared the motion carried.
* * * * * *
Mayor Otis declared a recess at 8:15 p.m. Council re-
convened at 8:25 p.m. Mayor Otis asked for roll call. Upon a
call of the roll, the following were present:
I
October 5, 1981
Page 10
Council Members Higday, Neal, Fitzpatrick, Keena,
Bilo, Bradshaw, Otis.
Absent: None.
'nle Mayor declared a quorum present.
* * * * * *
City Attorney DeWitt stated the matter of City of
Englewood and Parkinson and the Judge's desire to dismiss all
resisting arrest cases will be heard on October 9, 1981, in
Judge Steinhart'& division. Loretta Huffine, Prosecutor,
will be handling the agrument.
* * * * * *
City Attorney DeWitt stated the ordinance concerning
the Cottonwood Estates Subdivision and the ordinance concerning
Going-Out-Of-Business will be presented at the Council meeting
on October 19.
* * * * * *
City Attorney DeWitt recommended reconsideration of
Council Bill No. 75, Series of 1981 to reflect the amendment
making the assessment formula proper.
COUNCIL MEMBER BRADSHAW MOVED TO RECONSIDER AGENDA ITEM
7A, COUNCIL BILL NO. 75. Council Member Keena seconded the mo-
tion. Upon a call of the roll, the vote resulted as follows:
Ayes:
Nays:
Coucil Members Higday, Neal, Fitzpatrick,
Keena, Bilo, Bradshaw, Otis.
None.
'lbe Mayor declared the motion carried.
ORDINANCE NO.
SERIES OF 1981
BY AUTHORITY
COUNCIL BILL NO. 75
INTRODUCED BY COUNCIL
MEMBER FITZPATRICK
AN ORDINANCE APPROVING THE WHOLE COST OF THE IMPROVEMENTS MADE
IN DOWNTOWN IMPROVEMENT DISTRICT NO. 1980-1, IN THE CITY OF
ENGLEWOOD, COLORADO; APPROVING AND CONFIRMING THE APPORTIONMENT
OF SAID COST TO EACH LOT OR TRACT OF LAND IN SAID DISTRICT;
October 5, 1981
Page 11
ASSESSING A SHARE OF SAID COST AGAINST EACH LOT OR TRACT OF LAND
IN THE DISTRICT; PRESCRIBING THE MANNER FOR THE COLLECTION AND
PAYMENT OF SAID ASSESSMENTS; AND DECLARING AN EMERGENCY.
COUNCIL MEMBER FITZPATRICK MOVED TO PASS COUNCIL BILL
NO. 75, SERIES OF 1981, OR FIRST READING. Council Member Bilo
seconded the motion. ·
COUNCIL MEMBER NEAL MOVED TO AMEND COUNCIL BILL
NO. 75, ON PAGE 1, SUBSTITUTING IN THE FOURTH "WHEREAS",
$223,378.86 FOR THE PRESENT FIGURE OF $219,559.54; ALSO, TO
SUBSTITUTE FURTHER ON IN THAT SENTENCE BY INSERTING $356,048.45
FOR $359,867.77; ON PAGE 4, SECTION 6, THIRD LINE SUBSTITUTING
$356,048.45 FOR $359,867.77; ON PAGE 2 OF EXHIBIT .A UNDER PRO-
PlllTY 1971 34 4 00 024 SUBSTITUTING AND INSERTING $25,380.29;
ARD OR PAGE 4 OF EXHIBIT A UNDER PROPERTY NUMBER 1971 34 3 17
008 SUBSTITUTING AND INSERTING $14,721.85. Council Member
Keena seconded the motion. Upon a call of the roll, the vote
on the amendment resulted as follows:
Ayes:
Nays:
Council Members Higday, Neal, Fitzpatrick,
Keena, Bilo, Bradshaw, Otis.
None.
'lbe Mayor declared the motion carried.
Upon a call of the roll, the vote on the original
motion resulted as follows:
Ayes:
Nays:
Council Members Higday, Neal, Fitzpatrick,
Keena, Bilo, Bradshaw, Otis.
None.
'lbe Mayor declared the motion carried.
ORDINANCE NO.
SERIES OF 1981
* * * * * *
BY AUTHORITY
A BILL FOR
COUNCIL BILL NO. 81
INTRODUCED BY COUNCIL
MEMBER BILO
AN ORDINANCE FIXING THE TAX LEVY IN MILLS UPON EACH DOLLAR OF
THE ASSESSED VALUATION OF ALL TAXABLE PROPERTY WITHIN THE CITY
OF ENGLEWOOD, COLORADO, FOR THE YEAR 1982 ANO ESTABLISHING A
MILL LEVY FOR THE ENGLEWOOD COLORADO DOWNTOWN DEVELOPMENT AU-
THORITY AND DECLARING AN EMERGENCY.
October 5, 1981
Page 12
COUNCIL MEMBER BILO MOVED TO PASS COUNCIL BILL NO. 81,
SERIES OF 1981, ON FIRST READING. Council Member Fitzpatrick
seconded the motion. Upon a call of the roll, the ·vote resulted
as follows:
Ayes:
Nays:
Council Members Higday, Neal, ·Fitzpatrick,
Keena, Bilo, Bradshaw, Otis.
None.
tbe Mayor declared the motion carried.
* * * * * *
COUNCIL MEMBER BRADSHAW MOVED TO SET A PUBLIC HEARING
FOR MORE CITIZEN INPUT INTO THE 1982 BUDGET FOR NOVEMBER 16, 1981,
AT 7:30 P.M. Council Member Keena seconded the motion. Upon a
call of the roll, the vote resulted as follows:
Ayes:
Nays:
Council Members Higday, Neal, Fitzpatrick,
Keena, Bilo, Bradshaw, Otis.
None.
'lbe Mayor declared the motion carried.
In response to Council Member Bradshaw'• question, City
Manager McCown stated the notice would be publiahed in the Englewood
Citizen.
* * * * * *
Council Member Neal noted Council haa been considering
a weed and litter ordinance over the paat month and a half. He
stated he had a call from a young lady who lives in R-1-A area.
She was intending to do aome homecrafta and aell them. She had
information from the Zoning Department that this type of activity
was prohibited. He requested a m ~mo from the City Attorney's
office or whomever on what the statue was in R-1-A, B, or C in
regard to people making crafts in their homes for sale. He re-
lated this situation to the litter ordinance because discussion
of garage sales and exempting them from aales tax also came up;
and he was thinking of this situation in that context. Mr. Neal
suggested taking a look as to where the homecrafts fits in the
zoning ordinance and whether or not to exempt them from sales tax.
Council Member Bradshaw stated one consideration was
keeping a maximum dollar limit.
Council Member Keena stated alot of people run a busi-
ness out of their homes like applicance and auto maintenance and
October 5, 1981
Page 13
repair, or crafts. She stated part of the reason restrictions
on this type of activity is placed is that it provides neighbor-
hoods the opportunity to complain if the business becomes a nui-
sance. It ia a neighborhood policing type of thing and not a
police law as such. Ma. Keena stated it was generally well
accepted and a kind of legialation that should be kept in mind.
Council Member Fitzpatrick stated if legislation is
vut in an ordinance ·then it should be extended to cover home
signs, etc.
* * * * * *
Council Member Keena stated during the budget retreat
Municipal Judge Parkinaon requeated that a judicial review committee
be created to provide liaison and coordination between the Court
and City Council. Ma. Keena referred to a handout outlining the
reaponaibilitiea of the committee which ahe passed out prior to
receaa. Ma. Keena stated the handout provides a statement of pur-
poae for the co .. ittee and defines it• duties.
COUNCIL MEMBER KEENA MOVED TO FORWARD A COPY OF THE
HANDOUT WITH A COVER LETTER TO JUDGE PARKINSON STATING COUNCIL'S
PURPOSE TO FORM SUCH A COtlillTTEI AND TO DISCUSS APPOINTMENTS TO
THE COtlillTTll AT THE STUDY SISSION OM WEDNESDAY. Council Member
Fitzpatrick aeconded the motion. Upon a call of the roll, the
vote reaulted aa follows:
Ayes:
Naya:
Council Members Higday, Neal, Fitzpatrick,
Keena, Bilo, Bradshaw, Otis.
None.
'lbe Mayor declared the motion carried.
Council Member Keena stated Judge Parkinson's con-
currence on the appointments was necessary. Ma. Keena asked
staff to come up with names for discussion at the Wednesday
study session and to give the list to Judge Parkinson on
'lburaday.
* * * * * *
City Manafer McCown passed out two inducement resolu-
tions for induatria revenue bonds. One provided for industrial
revenue bonds for the downtown development project and the other
one was for industrial revenue bonds for an office complex at
5050 South Broadway.
October 5, 1981
Page 14
Council discussed recessing to give City Attorney DeWitt
time to review the two requests.
COUNCIL MEMBER HIGDAY MOVED TO RECESS UNTIL WEDNESDAY,
OCTOBER 7, 1981, AT 5:00 P.M.
Mayor Otis declared a recess at 8:45 p.m. on Monday,
October 5, 1981, until Wednesday, October 7, 1981, at 5:00 p.m.
* * * * * *
Council reconvened at 5:00 p.m. on Wednesday, October 7,
1981, in the Co1111unity Room. Mayor Otis asked for roll call. Upon
a call of the roll, the following were present:
Council Members Higday, Neal, Fitzpatrick, Keena,
Bilo, Bradshaw, Otis.
Absent: None.
'nle Mayor declared a quorum present.
* * * * * *
COUNCIL MEMBER BRADSHAW MOVED TO ALLOW THE CITY AT-
TORNEY TO PRESENT INFORMATION ON THE INDUSTRIAL REVENUE BOND
MATTERS. Council Member Keena seconded the motion. Upon a
call of the roll, the vote resulted as follows:
Ayes: Council Members Higday, Neal, Fitzpatrick,
Keena, Bilo, Bradshaw, Otis.
Nays: None.
'lbe Mayor declared the motion carried.
* * * * * *
City Attorney DeWitt stated this section was a continu-
ation of the meeting of October 5, 1981. He entered into the re-
cord the rules of order governing this process.
* * * * * *
City Attorney DeWitt passed out two inducement resolu-
tion• for Council'• consideration. One was for industrial re-
venue bonds for Brady Enterprieea. Mr. DeWitt asked if anyone
.aa present to discuss the request. 'nlere was no representative.
October 5, 1981
Page 15
'lbe other inducement re•olution wa• for 5050 South Broadway Com-
any. Mr. DeWitt aeked if anyone wae preeent to discuss this re-
quest.
<llarlea Smukler, P. o. Box 22479, Denver, was present.
Mr. S11Ukler thanked Council for the opportunity to make a pre-
sentation. Mr. Smukler preaented the development concept and
plans for land at 5050 South Broadway.
In reeponae to Council Me•ber Neal'• question, Mr.
S11Ukler stated the company i• ce>1111itted to construct part of
the area; and with the additional bond money, the whole area
can be completed.
Mr. Smukler reaponded to other questions, in particular,
the co•pany'• intent waa to own the property in the vicinity of
the Eskimo Ski Shop and the corner gas station. 'lbe height of
the structures would be two to four stories. Company representa-
tives planned to meet with people in the area to let them know
.hat was being planned for construction and development.
City Attorney DeWitt asked if the reason the company
wa• coming before Council now was a result of certain actions
that might be taken by the federal government to possibly elimi-
nate this type of funding in the future. Mr. Smukler answered
no, it was not.
City Attorney DeWitt asked if the company was aware
the doc\Dent for consideration was only an inducement resolution
and would require further action by Council; and that Council
may not chose to proceed at all. Mr. Smukler stated the company
realized this possibility.
RESOLUTION NO. 42
SERIES OF 1981
A RESOLUTION OF INDUCEMENT FOR INDUSTRIAL DEVELOPMENT REVENUE
BONDING TO FINANCE A PROJECT FOR THE 5050 SOUTH BROADWAY COMPANY.
COUNCIL MEMBER KEENA MOVED TO PASS RESOLUTION NO. 42,
SERIES OF 1981. Council Member Bilo aeconded the motion.
City Attorney DeWitt tranemitted copies of a letter
fro• Hanifen, Imhoff, Inc., the City'• financial advisor, which
wa• in response to the firm'• evaluation of the proposal. Re-
ferring to the letter, Mr. DeWitt aaked if financial information
could be provided at a later date.
October 5, 1981
Page 16
Mr. Smukler read the letter and stated current, per-
sonal financial statements on the partners would be provided.
Mr. Smukler asked Mr. Gerwin, the company's financial consult-
ant, to respond to other parts of the letter.
Robert F. Gerwin, Gerwin & Co., 620 -17th Street,
Suite 2800, Denver, stated it was the intent of the company
to market the bonds privately and some private institutions
have already been contacted.
City Attorney DeWitt stated the resolution was written
whereby the laauance of the bonds was still contingent to agree-
ment on both 1ide1. Mr. DeWitt advi1ed proceeding with passage
of the resolution.
Upon a call of the roll, the vote resulted as follows:
Aye1:
Haya:
Abstain:
Council Member• Neal, Fitzpatrick, Keena,
Bilo, Bradshaw, Otis.
None.
Council Member Higday.
'lbe Mayor declared the motion carried.
Council Me•ber Higday 1tated he abstained for possible
reasons having to do with conflict of interest.
* * * * * *
City Attorney DeWitt pre1ented the inducement resolution
for Brady Enterpri1e1. Mr. DeWitt reco1111ended amending the reso-
lution to provide for thl1 proce11 to be done in stages with each
stage meetinf the need• and de1ire1 of the Council and that Council
may at any t •e refuse the bond laaue if it is not in the best in-
terest of the City.
RESOLUTION NO. 43
SERIES OF 1981
A RESOLUTION OF INDUCEMIRT FOR INDUSTRIAL DEVELOPMENT REVENUE
BONDING TO FINANCE A PROJECT FOR BRADY ENTERPRISES.
COUNCIL MEMBER NEAL MOVED TO PASS RESOLUTION NO. 43,
SERIES OF 1981. Council Me•ber Fitzpatrick seconded the motion.
COUNCIL MEMBER FITZPATRICK MOVED TO AMEND THE RESOLU-
TION BY STATING APTER THI LAST PARAGRAPH OF THE RESOLUTION ON
October 5, 1981
Page 17
PAGE 2 BEFORE "ADOPTED AMO APPROVED" THE FOLLOWING "THIS INDUCE-
MENT USOLUTIOM IS SUIJICT TO THE OWNERSHIP ENTITY MEETING THE
ISSUER'S CRITIRIA". Council Member Bradshaw seconded the mo-
tion. Upon a call of the roll, the vote on the amendment re-
•ulted a• follow•:
Aye•:
Raya:
Council Member• Higday, Neal, Fitzpatrick,
Keena, Bilo, Brad•haw, Otis.
Rone.
the Mayor declared the motion carried.
Upon a call of the roll, the vote on the original mo-
tion reaulted aa follow•:
5:45 p.m.
Aye•:
May•:
Council Me•ber• Higday, Neal, Fitzpatrick,
Keena, Bilo, Bradahaw, Otis.
Mone.
the Mayor declared the 110tion carried.
* * * * * *
'lbere was no further bu•ineaa to be discussed.
* * * * * *
COUNCIL MEMBER HIGDAY MOVED TO ADJOURN THE MEETING.
Mayor Oti• adjourned the meeting without a vote at