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Home My WebLink About1995-02-27 (Special) Meeting MinutesI I I. ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Ftbniary 17, 1995 Call toOnl<r The special ~n& of the Englewood City Council was called lo order by Mayor Bums al 7:35 p.m. 2. u,'OCatioll The in\'ocation "~ gi\'co by Council Member Wiggins. 3. Pl,dc, of AllqillKe Toe Pledge or Allegiance was led by Mayor Bums. 4. Rall Call Abscni: Council Mcmbc" Hathaway, Waldman, Wiggins, Habcnich~ Vonrun.ag. Waggoner. Bums None A quorum w35 present 5. Minutes Also prcscn1 · Cily Manager Clari< Acting City Attorney Semple City Clctt Ellis Dcpuly Dirtetor Olson. 'iafcty Services Assistant City Anorncy Brotzman (a) COUNCil. MEMBER WIGGINS MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR MEETING OF FEBRUARY 6, 199.;. Motion carried. Ayes : Council Membc" Hatha\\ay, Vomtiuag. Wiggins, Habcnichl , Waggoner, Waldman. Bums Nays: None 6 . Sclledaltd Visiton (a) Jim Sullivan. Prcsidcnl or Sullivan Hayes Companies, on bchalr or King Soopc", briefly presented their proposal for Trolley Squan:. He staled thal Russ Di..,cnsc, Vice Prcsidcnl or Real Esta le fo r Ki ng Soopcrs. and Bob Letcher, King Soopc" Dirtetor or S1on: Services. "en: also pn:scnl. He nol 1ha1 King Soopcrs has hccn a corporale citizen or the City orEnglewood for several yea" and would like to remai n in the mmmunity. In order to remain in Englewood King Soopcrs must crcalc an environment 1ha1 ,.;u be mon: advaniagcous 10 their sales. Mr. Sulli,'311. wilh the use ohisuals. explained thal during phase one lhcy propose 10 eliminale lhe parking deck and shops .long Broadway. "i lh lhe exception or Kaw man 's Tall and Big Shop . Phase lwcrnill include the elimination orthe shops along Englewood E■&l<WON City CCNl■cY Fdlnoary 17, 1995 Pacel Parkway lo the west of Kaufman's Tall ■INI Big Shop ■INI exp■nd lhe cxist,ng sum: lo include lhc area din:ctly 10 !he ,ooth of lhc cxilling King S<,opcn building. Mr. Sullivan stated lbal King Soopcn i, conlcmplating a "st=tscape" along Broadway which will incorporate lhc brick planters "'th inset benches and r<tain the fairly mature landscape and ,pocialty lighting currcnUy in place along Broadway. Additionally, King Soopcrs intends lo improve lhc landscaping along Floyd A,-cnuc, Englewood Parlcway and the back oflhe shopping ccnlct . Mr. Sullivan asked °"1ncil lo consider appnn'al of the proposed resolution aulhorizlng the restnK:lwing of the currcnl Promissory Note on the Trolley Square propcny and the proposed ordinance releasing the Finl Deed ofTrust on Trolley Square . COUNCIL MOVED INTO A CONTINUATION OF COUNCIL'S STUDY SESSION AT 7:42 P.M. THE SPECIAL CITY COUNCIL MUTING RJ:CONVl:NED AT 7:55 P.M. 7. N011 •1<hcdukd Vl1ilon Due 10 lhc specia l mccling status. there were no non•schcdulcd visitors. 8. Communkatioas. Proclaa11ioa1 and Appol ■l-■u (a) COIINOL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO ACCEPT wm1 RJ:GRJ:T B IU!AJlA DAVIS' LETTER OF lll:SIGNA TION FROM THE CLEAN.'GREEN AND PROUD COMMISSION. Motion carried. Ayes : Council Membcn Hathaway, Vormiltag. Wiggins. Habenicht, Wauoncr, Waldman. Bums Nays : None (b) COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO ACCEPT WITH RJ:GRJ:T BRADU:Y ZJEG'S LETTER OJI lll:SIGNA TION FROM THE ENGLEWOOD HOUSING AUTHORITY. Motion carried. Ayes : Council Memhcrs llaU\away, Vormiltag. Wiggins. llabcnich~ Waggoner. Waldman. Bums Nays : None 9. Publk Hearing No publ ic hearing was scheduled befon: Council. 10. Consent Ageada COUNCIL MEMBER HABE NICHT MOVED, AND IT WAS SECONDED, TO APPROVE THE CONSENT AGENDA. (a) Appro,'C on Finl Reading (i) COUNCIL BILL NO . 7. INTRODUCED BY COUNCIL MEMBER HABENICHT I I I I Ea ......... City CaHcil Fdtn,uy 27, 1'9S P111tl A BIU FORANORDINANCECONFIRMING1llATTITLE I, CHAYll!R5 , SECTION I, OF THE ENGLEWOOD MUNICIPAL CODE 1985, IS UNCHANGED RELATING TO COUNCIL DISTRICTS wrrnIN 1l{E CITY OF ENGLEWOOD, COLORADO. (ii) CONTRACT WITH DE LEUW CATHER AND COMPANY IN AN AMOUNT NOT TO EXCEED $120,000.00 FOR DESIGN OF THE DARTMOlTlll BIKE TRAIL, BELLEVIEW AVENUE SIDEWALKS AND BROADWAY SIDEWALKS . (iii) RESOLlJTION NO. 25 . SERIES OF 1995 A RESOLlJTION SUPPORTING THE ARAPAHOE COUNTY HOUSING AlTll!ORITY 'S FIRST- TIME HOMEBIJYER PROGRAM. (b) Appr0\'C on Sa:ood Reading (i) ORDINANCE NO. 3, SERIES OF 1995 (COUNCIL BILL NO. 2, INTRODUCED BY COUNCIL MEMBER HA1llAWAY). ENTITLED : AN ORDINANCE APPROVING THE SALE OF TWO PROPERTIES , WHIOI WERE DEVELOPED FOR THE "BUILD" PROJECT. ON THE OPEN MARKET. (ii) ORDINANCE NO . 4, SERIES OF 1995 (COUNCIL BILL NO. 3. INTRODUCED BY COUNCIL MEMBER HATHAWAY), ENTITLED : AN ORDINANCE AlTll!ORIZING AMENDMENT NO. 2, FOR AN EXTENSION OF TIME OF THE INTERGOVERNMENTAL SUBGRANTEE AGREEMENT FOR THE 1993 ARAPAHOE COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM BETWEEN THE ARAPAHOE BOARD OF COUNTY COMMISSIONERS AND THE CITY OF ENGLEWOOD IN ORDER TO ALLOW FOR THE COMPLETE EXPENDITTJRE OF FUNDS .. Vote ruults: Motion carried. Ayes : Council Membcn Hatbaw1y, Vormiuag. Wiggins, Habcnich~ Waggoner, Waldman. Burns Nays : None 11 . Ordinances. Rt:,olutioet and Motioa1 (a) Appro\'C on First Reading (i) Deputy Din:ctor Olson presented a r=mmendation from the Dcpanmenl of Safety Services to adopt a bill for an ordinance amending the Englewood Municipal Code to expand the regulatory provisions of the Code regarding the operation of pawnshops within the City . He noted staff ""rked ,.;th mcmbas of the Chamber of Commerce to address their concerns, as well as those of pawnshop owners . Mr. Olson staled stalT suppons the proposed ordinance . The City Cleric was asked to mid Council Bill No. 5 by title : COUNCIL BILL NO . 5, INTRODUCED BY COUNCIL MEMBER HABENICHT ~C1Cyc .... 11 , .. rur,27, lffl , .•. /\ BIil. FOR AN ORDINANCE /\MENDING TITLE,, CHAPTER 12, SEcnON 4, ENGLEWOOD MUNlCD'/\L CODE 19U, BY REPEALING SECTION 4 AND REENAcnNG A NEW SEcnON 4 RELATING TOP/\ WNBROKERS . COUNCIL MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO APPROVE /\GEND/\ ITEM 11 (a) (I) • COUNCIL BILL NO , S. Motio n caniod. /\yes: Council Mcmbcn Hathaway, Vom1iltag. Wiggins, Haben icht , Waggoner, Waldman. Bums Nays: None Council nocod lhc agenda indicates lhal a n:solution csublishing recs relative lo ptwnshops was 10 be rccch-cd by Council al !his meeting. DilCUSlion ensued. AssiSIIJII Cily /\Uorncy Brottman advised lha1 lhc rcsolutioo ,.;11 be affective upon appmval on fin1 reading and will be IAlbmiued • lhc same mcc1ing. and afler approval, or Council Bill No. 5 on final reading. (ii) and (i ii) Ci1y Manager Clart pn:ocnlod a nx:omnlCOdalion 10 adopt a rcsoluli on rcsuuauring lhc Cil)' or Englewood 's PrnmiS10ry Nole oo Trolley Square and 10 adopt a bill for an on!inana, releasing the First Dcod orTrust on Trolley Squan:. Mr. Clark discussed the 1enns orlhe Nol e. He c.'l)lain<d Iba! lhc currenl socuril)' con,-.rts 10 a PromiSIOI)' NOie in lhc amount of$488,000 under which Dillon Companies, Inc. would malte 40 quarterly paym:nlS lo lhc Ciiy ofEqlell-ood lor $7 ,200 , plus 1cn annual paymcnlS or $20 ,000 on April ISi or each year . The agrecmcnl is cootingcnl upon Dill on acquiring lhc Trolley Squan: propcny before July I, 1995. In addition, he pointed OUl Dillon has askod for $200,000 or forgh~ncss on lhc $488,000, in which cue lhc Cil)' woold make a transfer payment lo lhcm. in lhc arooonl orS20 ,000 per year for len years, P""idcd !hey continue lo opcrau: lhc grocery Slon, al lhis si1e for ten years. Cil)' Manager Clark swed lhc propoRd ordinance releases lhc Fil'SI Dcod or Trust on Trolley Square and replaces ii lli lh lhc Promissory Note. (ii ) The rcsolulion was assigned a number and read by tiUe : RESOLUTIO N NO. 26, SEPJES OF 1995 A RESOLITTION RESTRUCTURJNG TI!E CITY OF ENGLEWOOD'S PROMISSORY NOTE ON TROLLEY SQUARE . COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM NO. 11 (a) (ii)· RESOLUTION NO. 26, SERIES OF 1995. Council Member Waldman questioned lhc pa)'OlCnl agrccmcnl staling he understood 1hc Cily \\1lUld forg ive lhc $200,000 after lcn years, rather lhan declining in lhc amoun1 or $20,000 per year. Cily Manage, Clark •-"plained !hat the proposed tcnns wen: ncgotialed by auorncys as King Soopcrs wanlS lhc abilil)' 10 pay olflhc NOie ahead oftimc. He agrcod with Council Member Waldman Iha! holding lhc $200,000 uniil 1hc end or1cn years is much more favorable 10 lhc Ciiy. MI. Clark poinlod ouL if lhis agrccmcnl is nol acccplablc lo Council, lurlhcr discussion wilh King Soopcrs would be arranged. In response 10 concerns broughl fonh by Council Member Vormillag, Acting Cil)' Ahorncy Semple advi sed lhal the proposed resolution provides Iha! the Ci ly 's annual $20 ,000 paymcnlS to Dillon arc conlingcnt upon Dillon operating. or causing another to operate, a grocery store on the site for ten co nsccuth-c years . I I I I Eaajewoad City c-u Fobnaary 17, lffS Paces City Manager Clark reiterated that if Council so desired the City can negotiate further to stn:ngthen the Cily's position regarding the declining balanoc. Mr . Sullivan pointed out that King Soopcn is DOI investing a substantial amount m money in lhc site 10 lca\"e in fi\"e years, that Ibey arc malting the invcstmcnt 10 enable them to romain a part oflhc community . Cou nci l Member Hathaway called for the question. Vote ....,Its: Motion carried. Ayes : Council Member: Hathaway, Vormi'ltag, Wiggins, Habenicht Waggoner, Waldman, Burns Nays: None (iii) The Ci ty Clerk was asked 10 read Council Bill No . 8 by title : COUNCIL BILL NO. 8. lr-rlllOD UCED BY COUNCIL MEMBER HA TilA WAY A BILL FOR AN ORDINANCE RELEASING TI-IE FIRST DEED OF TRUST ON TROLLEY SQUARE DUE TO TI-IE RESTRUCTURING OF TI-IE PROMISSORY NOTE WITII THE DILLON COMPANIES. INC . AND TI-IE PROPOS ED REDEVELOPMENT OF THE SITE . COUNCIL MEMBER HA TUA WA V MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM I I (a) (iii) -COUNCIL BILL NO. 8. Mo1ion carri ed . Ayes : Council Members Hathaway, Vormittag, Wiggins, Habenicht , Waggoner, Waldman. Burns /lays : None (b) Appro,-c on Second Reading There were no odd itional items submillcd for approval on second reading . (Sec Agenda Item to -Consent Agenda .) 12. General Discuuion (a) Mayo(s Choice Due to the special meetin g status there was no discussion . (b) Coun ci l Membds Choice Due to the special meetin g status there was no discussion . 13. City Ma nager ', Report Due 10 lhc special meeting status there was no discussi on. 14 . City Attorney's Report Ell&lewood City C...CU Febniary 27, 1995 Pap,, Due to the special meeting stalUJ there wu no disrussion . . . . . . COUNCIL MEMBER HA TBA WA V MOVED, AND IT WAS SECONDED, TO CONTINUE THE STUDY SESSION IN AN EXECUTIVE SESSION TO CONSIDER A PERSONNEL MA TTEM. Ayes : Council Mcmbco Hathaway, Vonnittag. Wiggins , Habenicht, Waggoner, Waldman. Bums Nays: None Motion carried. 15. Adjouramut COUNCIL MEMBER HA THA WA V MOVED TO ADJOURN . The meeting ndjoumcd 11 8: 11 p.m. ~101, CiCJcrk I I