The URL can be used to link to this page

Home My WebLink About1995-11-06 (Regular) Meeting MinutesI I ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Rc111d 1r S.Uioa No,-cmbcr 6, 1995 I. Call to Order The regular meeting of the Englewood City Council was cal led 10 order by Mayor Bums at 7:JS p.m. Mayor Bums called for a moment of silence for Israeli Pri me Min iste r YiO..1'.ak Rabin. who \\115 assassinated this weekend. 2. ln\'OCltioa The invOC3lion was gi\'cn by Council Member Wiggins. 3. Pied ~-, of Allegiance 7h; fiulgc of Allcg1ancc was led by Ma~or Burns. 4. Roll Call Prcscni: Abscnl . A quorum was pn:scnt Counci l Members l-l :11h11way, Waldm.,n. Wir.gins. Habenicht . Vonniltag. Wnggoncr . Bums None Also prese nt Ci 1y Mnn .. 1gcr Clo;ii. 5. Minutes Ci ty Attorney Brotzman A,ro;istan t to the C'il y Man.,i;cr Grace Ci1y Cler~ Ellis Director Fonda . Utilitjcs Opcrn1ions Mnnn gcr Kavinsky Man.1gcr Simpson . Ne ighborhood and Business Deve lopment (a) COUNC IL MEMBER HATHAWAY MOVED, AND I T W AS SEC ON DED, TO APPROVE THE M I NUTES OF THE RE C.UL AK MEETI NG OF OCTOBER t i, 1995. A~'t:S : Counci l Members Hathaway, Vo rm iuag. Wiggins, Habenicht. Waggoner. W1ldm,.1n. Bums ~•Jvs: None Mo1ion carried 6. Sc heduled Visi lors En&lewood City Council November 6, 19'5 P111< 2 (a) Ken MclJanicl, Prcsldcnl of 1hc Englewood Elks Clowns, discussed the Elks Club 's s.,mn Claus Program . He staled thal 1wo years ago, whc>a Santa Claus was pulled from the mall because or dcnth lhF'31J , was the year the Englewood Elks Clowns volunteered 10 help . Mr. McDaniel advised they co ntinued 1he Santa Claus Program :asi year, advertising lhrough the use offlycrs and posters which cost npproxi matcly S200 . He noted over 250 childn ·" came by lo sec Sanla Claus last ycnr and each child rcc:ci\'od a helium balloon and a bag or candy. Mr. McDaniel explained Uwt the Elks Clowns footod the bill, which they paid for by collce1ing aluminum cans, scrap iron , et c. He askod for Cooncil's support or the program. noting that they do not intend lo produce posters this yea, as that was their biggest expense . He stntod they ""uld like to advenisc in the Englewood Herald but they cannot alTord lhat. Mr. McDaniel ad,;scd they hope 10 go to the five elementary schools ,.;th Oycrs that the kids can color. COUNCIL MEMBER HATHAWAY MOVED, AND ITWil.S SECONDED, TO CONTRIBUTE IN-KIND SERVICES UP TO S200 TO PROVIDE THE PRINTING AND MATERIALS FOR THE FLYERS FOR THE SANTA CLAUS PROGRAM OF THE ELKS LODGE. Discussio n ensued . Mr . McDaniel ad\'iscd that they need approx.imalcly 1500 Oycrs. Council Member Habe nic ht suggested that Oym be n.idc ava ilable to the Englewood Recreation Center and Englewood Public Libra!) in orde r to rc.ich the children ofprc~school age. Council Member Hathaway noted Int erfai th Task Force should also get some Oyers and lhat a few extra flyers can be printed to be distributed by lhc Englc\\<>od Elks as lhcy sec fit. Ayes : Council Members Halhaway . VonnitUlg. Wiggins. Habenicht . Wa&goncr. Waldman. Bums Na ys: None Motion carried. 7. Non..cbcdulcd Visiton There were no non-scheduled ,isilors . 8. Communicalions. Prodam11ions and ApJ>ointmcnu There were no commun ic.11ions . procl:im.1 tions. or appoinuncnts . 9. Public Hrarfo~ No public hearin g was sc heduled before Council . 10. Cons,nt "gcnda COUNCIL MEMBER WAGGONEk REMOVED AGENDA ITEM IO (a) (i) FROM THE CONSENT AGENDA. COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEM lO (a) (ii) ON FIRST READING. (a) Appro\'C on First Rc.1ding (ii) RESOLUTION NO . 63. SERIES OF IW5 I I I I Ea ..... ood Cl ly Couacll Ntn-bcr f, 1995 P ■i:eJ A RESOLUTION AUTIIORIZING TI-IE ENGLEWOOD PUBLIC L!D P. •,RY TO IMPL EME ITT TI-IE ANNUAL "FOOD FOR FINE"" PROGRAM FROM NOVEM'lER 13. !995 TI-IROUGH DECEMBER 18. 1995 . Motion carried . Ayes : Nnys : Coo:icil Members Hathaway. Vsnnihf•:,. Wiggins . Habenic ht . Waggoner. Waldman . Bums None (i) Counci l Me mber Waggoner questioned Di t-.x tor Fonda as to wbct.ht.:r the Buell propcny. :t the southc..,.st co mer of Unive rsity Boulevard and East Ha.'ll pdcn Ave nue , is inc luded in thi s agrcc.mc nt. Mr . Fonda stated that it is and it is also in the Chcny H,11s Villa.~c }:~rtitaLi on District . In rcspoosc 10 Mr. Waggoner. Mr. Fonda tonlirmcd thal the owners oflhc 8uell 1•ropcrty refused 10 assist in the construction of the sewe r line down Floyd A,-cnuc several years ago. Di rct ior Fo nda stated he docs no1 know what th ei r rc:1sg,ns were for not participa1ing. Director Forni.1 cx pl aincxl thnl. essentia lly, this ag.rccmcnt says the Chy wi!! 1akc over maintr-.nancc in a small district in Cherry Hill s Vi ll age . Cherry Hills Village is now tald ng rive 1hc on11crship of those facilities and Englewood has agreed 10 go in and do the SC\\"Cr flushin g for 1hc111. He st.11cd the City docs not ha,-c 10. but we have agreed that. ifth<.1· n,qUCSI ii ■nd the Ci ty agrees. then . the Cit)" cnn flu.sh the sc11-crs anywhere in the City or ChcrT)' Hills Villa ge. COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO TABLE AG r.NDA ITEM 10 (1\ (I). COUNCIL Bill. NO. 71 UNTIL THE BUELL PROPERTY IS REMOVED FROM T!«E DESCRIPTION. Dirce1o r Fond.1 slated that this may jcopnrdizc the take 0\'Cr of one of th e major district s. Council Member Waggoner asked Ci ty Auomcy Brotzman if th is co uncil bill could be amended this CYcning to remove lh c Bue ll propc ny. Di scussio n ensued . Mayo r Bums recalled there was an ovc nure tic-cause of a current. possible deve lop ment of the Bu ell property just a few months ago regarding se rvici ng of that prope rty . Director Fond., co nfirmed 1hat is tru e and th ey were told U,cy cannot get scnicc through the li ne the Ci ty built . Ma yor Bums staled he und erstood that was a question of the capacity of the line . Mr. Fonda SU,lcd U1 ; Ci ty "oold have 10 restudy the situation and let th em know th.it it is certain ly a possi bil ity that they could not go that way. He suucd the Buell property cou ld go north imo the Denver syst em. or be lifled r.hc other ".:i.f dnd come down Little Dry Creek or 1\ic stud y may show that there is a lit tle bit of room . Mr . Fonda said the City j ust put them on no 1kc ihat !hey ca nnot bank on thal . Mayor Bums as~:d if the inquiry was made by the dc\'cl opcr or the Ci t)'. Director Fonda sta tc<i Lhcy did not make an .inquiry , that when the City f0\..".1 out th ey were doinp; that a le tt er was se nt and they made no1c of the fa ct that there may not be sewer se avicc in that direction down Floyd Street. Mayor Bums asked if the si tua ti on Ccuncil Me mber Waggoner is ta lkin g about has anything 10 do with what is goi ng on now . Di rec to r Fonda sta ted he docs not beli eve this would ob liga te the City to rcc:cive nows from tJull ns they arc pan of the Cherry Hill s Village Sanitation District. and even thou gh they arc in the Village . th e Vill age has not taken O\'er that district yet. Mayo r Bums co mmen ted that the City gradually. ove r time, is tak ing 0\'Cr so me of these di stricts . Direc tor Fonda stated this is the City's master agn:c mcnl th.ii says lhnl an)"hcrc 11i1hin th e city limits of Cherry Hills , if yo u lake one over. th en this co nt ract applies. Eackwood Cily Council November 6, 1995 Pace4 Mayor Bums asked ir this agreement will require the Cily to service ii on request . Dircaor Fonda said yes it \\i ll. COUNCIL MEMBER WAGGONER WITHDREW HL~ MOTION TO TABLE AND COUNCIL MEMBER HATHAWAY WITHDREW HER SECOND. n,c council bill was read by title : . COUNCIL BILL NO . 71 . INTRODUCED BY COUNCIL MEMBER HABENICITT A BILL FOR AN ORDINANCE AUll!ORIZ ING AN INTEROOVERNMENT AL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD. COLORADO AND THE CITY OF CHERRY HILLS VILLAGE. COLORADO FOR THE MODIFICATION TO THE WASIBWATER CONNECJ'OR 'S AGREEMENT . COUNCIL MEMBER HABENI CHT MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEM 10 ta) (i) ON FIRST READING· COUNCIL BILL NO. 71. COUNCIL MEMBER WAGGO NE R MOVED, AND IT WAS SECONDED, TO AMEND EXHIBIT A TO EXCL UDE THE PROPERTY ON THE SOUTHEAST CORNER or UNIVERSITY AND EAST HAMPD EN AVENUE KNOWN AS THE BUELL PROPERTY. Council Member H.1bcnicht asked Director Fonda if he fell that by amending lhis in this way the Ci1y is still okay "ith whot they m working on right now. Mr. Foncfa advised that this amcndmcnl is okay as it docs nOl include the district they arc wo rking on now and they will be ab le to move forward . He commented that t..his is sure lo be a hot 1opic of discussion if and when the Village is poised to take o\'cr the Chen)' Hills Village Snnitation District of which thot land is a p.,rt . Mayor Bums noted this is a hol topic in Cherry Hill s Village . Director Fond.1 stated that this ame ndment may cause a ripple but it will not kill what we arc trying to do with this 3grccment. Counci l Member Wiggins stated he wanted to make .!mre, and that the City Attorney agrees. that oy Council Member Waggoner 's amendment the Buell propcny docs not come under this at all . City Allof"!Y:"Y Brotzman stated 111.1 1 is correct. th.it Exhibit A will be reworked to not include the propcny and rcncct UlC motion . Vote n:JUlts on the amendment: Ayos : Nays : Motion carried . Council Members Hath.iway. Vormi tta g. Wiggin s. Habenicht. Waggoner. Waldman. Bums None Vote rauilS on Council Bill No. 71 u amended : Ayes : Cou ncil Members Holhaway. Vo rmittag . Wiggir s. Habenicht . Waggoner. Waldmao . Bums Nays : None Motion carried . I I I I E■&l<wood City C■■acll Novt.,bcr 6, 1995 Pal< 5 COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEM S 10 (11) (I), ud(II) ON SECOND READING. (b) Approve on Second Reading (i) ORDINANCE NO. 59. SERIES OF 1995 (COUNCIL BILL NO . 68). INTRODU CED BY COUNCIL EMBER HATHAWAY AN ORDINANCE APPROV\NG SUPPLEMENT NO. 127 TO THE SO\JTHGA TE SANITATION DISTRICT CONNECTOR'S AGREEMENT WITH THE CITY OF ENGLEWOOD. COLORADO FOR TH E INC LUSION OF LAND WITHIN THEIR DISTRICT BOUNDARIES. (ii) ORDINANCE NO. 60. SERIES OF 1995 (COUNCIL BILL NO . 69). 1;,111.0DUCED BY COUNCIL MEMBER HATHAWAY AN ORDINANCE AUTHORIZING A RELINQUISHMENT AND GRANT OF EASEMENT A<,REEMENT BETWEEN THE EN SOR 'S AND THE CITY OF LNGLEWOOD . COLORADO. Vole ,-csults : Motion carried. Ayes: Council Members Hathaway, Vormiuag. Wiggins., Habenicht Waggoner. Waldman , Burns Nays one 11 . Ordinances. Resolutions and Motions (3) Appr0\"C on First Reading (i) Operations Manager Kavinsky presented a recommendation from the Dcp.1nmcnt of Public Works to app rove the bid of Grinnell Fire Protection in the amount of $77,957 for upgrades to the Cily Hall Fire Sprinkler System . He ad,iscd that this is more than the amount budgeted for the project . Conscqucntl)'. he asked that Council appropriate an additional $9 ,637 in the Public Improvement Fun4 to complete the project . Mr. Kavinslcy pointed out that they arc not proposing doing an)1hing 10 the Counci l Ch.1mbcrs or the main librnf)' al this time . Those arc.1s will be add.rcsscd 2r another time after comp letion of a sp.1cc ul.iliution study . He explained that all other offices in City Ha!!. which is about a third of the building. is sprinkled . The rest is not. This \\i ll help bring the building up to code and shou ld lower the fire insurance . Mr. Kavinsky not ed th:u pan of the building has sprinklers . bu1 they arc up in the origina l cci li"lg . Discussion ensued. Council Member Waggoner asked whal happened lo the spri .lklcr systems that arc up higher. Mr . K:l\'insky Sl3 led that Grinnell did a ll the original .,·ork and all the remodels . He advi sed tl\at GrinnclJ also drew up the spccilic::nions on this panicular proj,xt, as ii separate entity , knowing lha l th ey may not gel th e bid , Mr. Kavinsk)• no1ed that 1heir proposal was to drop the existing spri1tklcr do\\11 and use the sys1em because the piping ooming into the buildine is already sized for that. They will have to increase the size of the pipe in the new areas . This also, he advised. puls a backnow preventer into the valve room for the sprinkler system whic h docs not c.,ist now. Mayor Burns :ukcd if this is one reason why their bid i1 less. Mr . Kavinsky said that is panly 1ruc u they have done all the work in d1is building for the last ten years or so and they arc familiar ,\ith the facility . E ■aJcwood Clly Cou■cll November 6, 19'5 , ... , COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SEC\. '10ED, TO APPROVE THE BID TO THE LOW BIDDER, GRINNELL FIRE PROTECTION, IN ·, u t! AMOUNT OF $77,957 fOR UPGRADES TO THE CITY HALL FIRE SPRINKLER SYSTEM. In response to Mayor Bums , Operations Manager Kavinsky confim1cd that a vole in favor of this motion includes lhc additional $9,63 7. Ayes : Council Members Hn1haway. Vom1i1L1g, Wiggins , Habenichl. Waggoner, Waldman, Burns Nays : None Mo1ion c.1 rricd. (ii) Director Fonda pn:scnlcd a rccommcndalion from lhc Li11lcton/Engle1>ood Wns1cwa1cr Trc.111ncnt Plant Supcf\isory Commi ucc to np pro\'c, by motion. the bid of Woody's WclJing, in th e amou111 orSJl,975 for 1hc fabricn1ion and inst.1lla1 jon of metal stairs and pl ;.tfomts at the Plant . He nolcd 1l.i1 lhc bid c.,cccds lhc amounl budgclcd by approxima1cly $7,000 . He anribulcd thal Ir the faci that the original project cstim.,tc did not include the requirement for aluminum rail anodizing and nuc1Ua t111 g prices of aluminum products. Mr. Fond.-. pointed out 1h.1 1 only one co mp.,ny chose to bid. which he feels ls rcflccti\'c of how busy people arc in the area . This will provide a s.,fcr access all the way arou nd the pl ant. He advi sed Council that C\'Cn though this project C.\:c:ccds the budgclcd funds. it will hnvc no ad\'crsc imp.1c1 on 1hc o,·cr-all budget . Council Membe r Hnthaway asked. as the Capital Outl:1y Request indica tes the 2.t'proximatc date or purch.,sc a'5 the summer or 1995. ir they \\ill be ab le to gel ii done this yea r. Mr. Fonda staled ii may be done by the end of the yea r. Cou nci l Member Waggoner asked if the full cost of this will be sha red . He advised it "i ll be shared 50 /50 . COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE THE PROJECT FOR TUE FABRICATION AND INSTALLATION OF METAL STAIRS AND PLATFORMS AT THE LITTLETON/ENGLEWOOD WASTEWATtR TREATMENT PLANT TO THE LOW BIDDER. WOODY'S WELDING, IN THE AMOUNT OF $32,975. Ayes : Coundl Members Hathaway. Vormillag. Wiggins. Habenic ht. Waggoner. Waldman . Bums Na ys: None Motion carried. (iii) Director Fo nda prcscnlcd a recommendation from the Li1tlc1on/Englcwood Wastcwaier Trcatme111 Plan! 10 adop t II bill for an ordinance amen ding the Wastewater Ulility Ordinance relali\'c to grease trap in1 crccp to~. He advised 1h.11 1hc Water and Sewer Board discussed this in a great amount of delail and this is essen tially what Li1tlc1on has p.1.SSC:d . 11 \\i ll cover the entire drainage basin and mostl y affect the outl)i ng. smn ll cr districts ns the Ci ty has prcu y much done all of this anyway. But they lcive found 1ha1 grease ca n be a probl em down a1 the planl and also when ii gets in lhc system . The only thing that the Englewood Water and Sewer Board ch.1ngcd from what Li1tle1on is doing is they indicated th.1t exceptions would be granted for \'ariancc by the Din:cior or Utilities with the approval of 1he Water and Sewer .Board . He advised that the Supervisory Committee believes it is a good idea hi have a part-tim e position to assist small districts . Mr. Fonda suucd this simply establishes the requirement . implementing it is someth ing the Supervisory Co mmiucc will do. I I I I Ea&kwood c11y c ... ac11 November 6, 1995 Paxe7 The Clerk was asked to read the council bill by title : COUNCIL BILL NO . 70 , INTRODUCED BY COUNCIL MEMBER WIGGIN S A BILL FOR AN ORDINANCE AMENDING THE WASTEWATER UTILITY ORDINANCE TITLE 12, CHAPTER 2, SECTION 4, OF THE ENGLEWOOD MUNICIPAL CODE 1985, WITH THE ADDITION OF A NEW SUBSECTION F, ENTITLED OIL AND GREASE INTER CEPTOR INSTALLATIO N. COUN CIL MEMBER WIGGINS MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (iii) • COUNCIL BILL NO. 70 . Di rector Fonda . in response to Council Member Waggoner, con flmtcd th:u 1his only ilffccts the Englewood Sewer Service area as Linlc1on is :1dopting one thnl is almost idcnticnl and covers tl1cir area . Co uncil Member Vom1itt ng asked if thi s Is something that will be put into a restaurant or something Lhnt is out in the street. Dircccor Fonda advised that i i would nol be 001 in the street , it could be i.n the building and it wouJd ha\'C to be accessible so a truck could oomc by and pump them out. ~tayor Bums asked if there is any control or regulation nbout how often they should be pumped . Director Fond., stated th.it will \'ary, .ilthough they "ill know if th ey an: not doing it bcc:,usc they "ill find the grc.1sc soli dified dowr~1 rcam . He advised th.1 1 they clean all 1he sewers in Englewood cry year and if they sec a large deposit or grease they ,,i ll follow it Council Member Ha thaway asked if there arc ve ry m.,ny in the Englewood area ri ght now thnl ha\'C nol complied. Director Fonda ad\'iscd th.i t in 01c Ci1y he ree ls that almost everyone has complied and the distrids have been brought in as Li ds was dc,·clopcd . So th e larger district s arc behind it a nd the small er districts will gi,·c th em a ,·c lping h,1nd . Council Member Hathan~y asked if then: an: any EPA guidelines the City wo uld be violating if they did not provide this program . Director Fond..i did not feel that is a serious considerat ion . In response to Council Member Vorminag, Mr . Fondn advised that ira restaurant were 10 open in Cherry Hills. lltis "ill require Cherry Hills 10 rtqliirc the developer to put a grease trap in . Mr, Fonda staled that the City_ docs inspections out in the di stricls :mywny and !hi s \\i ll require 1hcm to ca ll !he Ci 1y for inspections . Dircclor Fonda, in respo nse to Cou ncil Member Wnggo ner, noted Lhal the districts ha\'e to install grease trnps because our requirement s through ou r co ntra cts with them become their minin111m rcqui remcm s. Vote results : Motion carried . Ayes : Nays : Co uncil M!'mbcrs Hathaway. Vom1i11ag. Wiggins. Habe nicht . Waggoner. Waldman. Bums No ne (iv) Manager Simp.-on presented n recommendat ion from Nei ghborhood and Business Development to ndopt a reso lutir,n approving n proposed amendment 10 The Marks Plnnncd Oc\'clopmcnt. He sla ted that all Council request s ha\'C been met on thi s ~•n ic ular Planned Dcvclop111e111 The rcsc.lution was assigned a number and read by title : Ea&)ewood City Caudl November,. 1995 Pase I RESOLUTION NO. 6-1. SERIES OF I 9QS A RESOLUTION APPROVING AN AME NDMr:ITT TO THE MARKS PLANNED DEVELOPMEITT . COUNCIL MEMBER HABENICHT P l Vf.D, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (iv) • RESOLUTION NO. 6-1. Cou ncil Member Habenicht th anked C''tl')'onc for address ing Co uncil's concerns . Ayes: Council Members Hathaway. Vom1ittag. Wiggins. Habenicht. Waggoner. Wa ldman, Bums Nays : None Motion carried. (v) Manager SimpSOn presented a recommcndntion from Nei ghborhood and Business Dc\'clopmcnt 10 adopt a rcsollalion appro"ing a proposed amendment to the King Soopcrs Planned Deve lopment. He stated sta!Tfollowcd up "ith the developer on Council"s concern regarding the grass strip re placem ent Mr. Simpson mhiscd th.i t they were not able 10 find a locatio n Y.ilhin lhnl parking lot to repl ace tl..a t grass . The Gitc plan docs rcncct lhc straigh1cncd sidewalk as requested . The resoluti on was assigned a number and read by tillc:: RESOLUTION NO. 6! SE RIES OF I 99 ~ A RESOLUTION APPROVING AN AMENDMENT TO THE DILLON COMPANIES. INC. (KING SOOPERS) PLANNED DEVELOPMEITT . COUNCIL MEMBER HATHAWAY MOVED , AND IT WAS SECONDED, TO APPRC'V • AGENDA ITEM 11 (a) (v) · RESOLUTION NO. 65. Manager Simpson. in respo nse to Ma,or Burns. corL'lrmcd th.1t there is no landscapin g righr , the wall on either side. Mr . Simpson c.xpiJincd 'lh:iit th is JJncndmcnt addresses lhe nonhwcst comer .d docs not address the-previous Tro ll ey Squ.1rc or Ki,1-g Soopcrs Planned Development He commento .,:-.,11. rrom o,e standpoint of landscaping on that propcny. it woul d hD \'C been better to get it on that ea ; .icr Planned Development. Mayor Burns noted the wall 1()(1'.CS a little barren . Mr . Simpson sta11xl hr ro..Jd go back and talk to King Soopcrs one more time . Hr noted ~.::n-is very link: he can do rcgul atoril ). out perhaps he co uld request . as a good corporate cilizc 11. the possib'c introduction of a few more stree t trees. Counci l Member Habenicht noted that she MS \iS itcd whh di0crcnt people in the Cit y \\'ho ha,·c been com ment ing on the dc.,.clopmcnt and redeve lopment a.ud there arc both pro an d con co mments. Howc\'cr. she advised that one oommen t th.11 h.,s been pretty '..O nsi stcnt is people h.wc indicated that they son of mi ss th e shade \\ith p.1rking there . She wondered if they woul~ consider. C\'Cll within the p.1rking lot. planting a few big shade trees at some point in tim e. Mt Habe ni cht noted th.11 Mr . Simpson might be able to suggcsl that th ey co nsider th is in or1er to enha nce their business , Co uncil Member Vonnittag asked Mr. Siru1,son if he knew what business will be going in th.1 1 corne r. Mr. Simpson stated he docs not know but he "i ll advise Council as soon :is he knows. Vote result ,: Ayes : Coun ci l Membe rs Halhaway. Vormittag . Wiggins , Haben ich t, I I I I l:al)ewood Clly Council Nonmbcr 6, 1995 P ■re9 Waggoner. Waldman, Bums Nays : None Motion carried. Mayor Bums explained tlc11 he is the Chairman of the Englewood Housing Authority and Agenda Item 11 (n) (vi) has prc,iously come up before the Authority . At that meeting he absta ined from any oflhc discussion or \'Oting on lhis m.11tcr knowing tha t i i wns later to co me before the City Council. He a<hiscd that he discussed his position on tl1i s with the Authority and he is taking the same position with Council. As the offer for pun:lc'ISC is actually less than the City has in the pmpcny. this can be consuucd as a good deal for the Housing Authority and a no< so good deal for lhc Cily depending on your vic,,poio~ which he fee ls put him In a connict ofintcrCSI. Mayor Bums S1alcd that he has asked Council Member Habcnich~ as the Mayor Pro-Tcm , 10 chai r this portion or the meeting and he will leave the Chambers during this discussion . After Counci l has m.idc their decision . he suggested th ey call a recess and he will rejoin Co uncil for the rest of the mccling . (vi) City Manager Clari< prtsented a recommendation from the Ciiy Anomcy and the Ci ty Man.,gcr to adopt a resolution aathorizing the Engle>\ood Housing Authority 10 pun:hasc the propcnics loca ted at HOO .3410. H20. H24 and 342& Sout h Shemcin Street for dovelopmen t purposes . The resolution was ass igned II number and read b)• title : RESOLlJTION NO. 66 , SERIES OF 1995 A RESOLUTION AUTilORIZING AN OPTION AGREEMENT FOR THE SALE OF THE CITY OF ENGLEWOOD PROPF.RTIES LOCAllill AT 3400, 34IO, 3420, 3424 AND 3428 SOUTH SHERMAN STREET TO THE ENGLEWOOD HOUSING AUTHORITY . COUNCIL MEMBER H>. T!IAWA Y MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (,·i) • RESOLUTION NO. 66. Council Member Waggoner stated he has a co ncern about the City losing money on the propcny and he wondered if there is anyway from the profits fr om the sales of the propcny that 1hc City can recoup some of th e difference. maybe on a pcn:cntage split basis . City Manager Clark indicated they ha,-c discussed this \\ith the Englewood Housing Authority Director Malinowski and they did not actually look al it from the standpoint of doing some cost sha ring on any profits from the sale . He stntcd he can lallc to him about that. Mr. Clark ad\iscd that when they dC\·clop the propert y they arc going to be looking at some outside funding sources and he will be preparin g some grant applications . Mr. Clark stated Mr. Malina ,'Ski ind ic::1 tcd thm in hi s rcsc.1 rch he will 5CC' if he can assist the City in recouping some of the origin.1I acq uisition and demolition cost. but th en: arc no promises . City Manager Clnrk advised that the fact thal the Cily h.,"\S on file an appraisal th..11 was done work ed aga inst us as far as se ll ing it for cost , He pointed out th nt :11 lhe time that Cou ncil deci ded to buy th•ll propcn y ii was for a whole different purpose and they were willing to pay a little bit of a prem ium on ii and then lhe origina l inlenl was that thal would stay in the City 's ownersh ip and be used fo r pa rk ing. Since that lime we have identified that that is no longer a need . He noted that when th ey did 1he apprais.,I over the summer month s Council gave approva l 10 go ahead and sec if the propcnics could be marketed . The Ci ty has talked to the people at Craig Hospital as far as usi ng this for disabled peopl e but th.1 1 is no longer a viable opti on . So the Housing Au thori1 y approached the City and the purchase price is on the basis of the mnrkct \.,!!11c appraisal. £■&!<wood City Council No,-ber 6, 1995 Page 10 Council Member Hathaway noted th::t Craig Hospital is not inten:stcd in developing it thenl5Cl\'CS. but they ha\'e al"~l~ been intercs1ed in helping the City find develope rs thnt co•,ld deve lop the type of housing that Craig patients may need. She stated they feel it can be dor.o privately and perhaps the City can rcali1,c some profits simi lar to Project BUILD . Ms . Hathaway ad'ltscd that Craig knows a dc\•clopcr, they arc "illi ng 10 put the Ci1y in co ntact "ilh them and ha\'c 1i.il..'iJ.SSCd this with both Director Malinowski and Hous ing Specialist Nestler . Ms . Hathaway commented that it still may become handic:ippcd housing. it may end up being done privntely and the City may still n:ali1.e some of those fund s back 1!1111 way. Counci l Member Vomtittag asked Ci ty Manager Clark what tlicir intentions arc to do with this land. Mr. Clark stated that it was originall y intended to be olT•strccl parking for the Mall ey Center. Mr. Vonnittag asked why arc they buying it from the City. Mr. Clark stated the Housing Authority intends to buy it for townhomc development . In response to Council Member Vonninag. Ciry Manngcr Clark advised 1h111 1hcrc is n fair market apprnis.,I or St 12.500 and that is what the propcny is wonh as is . Council Member ~L1th.1wny poinlcd out the reason why the City had so much cost in it is because or COSI or.he demolition . Additionally. she noted. lhc City is continui,10 to incu r mai ntcn,,ncc cost on that propcny. Ci1y Man.1ger Clark nolcd 1ha1 the City acquired fi\-c propcnics \.\ith struclurcs and the Ci ly took ii down to b.1re land status . Council Member Vormi 1t.1g .iskcd wluu is the ad ,·ant.,gc to lhc Cit. 10 se ll the propcny al this price instead of sining on it and waiting for a bcucr prier. market. City Manager Clark said ii would be an option to si t on it. Mr. Clark advised that staff i, recommending the propcny be disposed of and get it dC\·clopcd . Council Member Hath.1way noted lhc propcny has been silljng for two and one half years . Vote result.I: Ayes : Nnys: Absta in : Mlllion carried . Counci l Members Hathaway, Vonniung. Wiggins , Habenicht. Waggoner. Waldman None Mayor Bums COUNCIL MEMBER VORMITTAG MOVED. AND IT WAS SECONDED, TO ADJOURN FOR A BRIEF RECESS AT 8:25 P.M . Ayes : Nays: Absent Motton carried. Council Members Hathaway. Vormittag. Wiggins. Habenicht . Waggoner. Waldman None Mayor Burns THE MEETING RECONVENED AT 8:26 P.M . Roll Call Present: Absen t: Council Membe!l Hathaway. Waldman. Wiggins. Habenicht, VormitL1g. Waggoner. Bums None I I I I E■&l<wood City c-u No,-..b<r6, 1995 .... 11 A quorum was presen t (b) Approve 011 Second Reading COUNCIL MEMBER IIATIIAWA Y MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEMS 11 (b) (I), (Ii i ind (iii) ON SECOND READING . (i) ORDINANCE NO. 61. SERIES OF 199 5 (COUNCIL BILL NO. 65 , INTRODUCED BY COUNCIL MEMBER HATHAWAY) AN ORDINANCE FIXING THE TAX LEVY IN MILLS UPON EACH DOLLAR OF THE ASSESSED VALUATION OF ALL TAXABLE PROPERTY WITHIN THE CITY OF ENGLEWOOO, COLORADO, AND EST ABLISHJNG A MILL LEVY FOR THE EN GLEWOOD DOWNTOWN DEVELOPMENT AUTHORITY . (ii) ORD INANCI:. NO. 62. SERIES OF 199 5 (COUNCIL BILL NO . 66, INTRODU CED BY COU CIL MEMBER HATHAWAY) AN ORDINANCE ADOPTING THE BUDGET OF THE CITY OF ENGL EWOOD. COLORADO, FOR THE FISCAL YEAR 1996 . (iii) ORDINANCE NO . 63 , SERIES OF 1995 (COUNC IL BILL NO. 67. INTRODUCED BY COUN CIL MEMBER HA THA WA Y) AN ORDINAN CE APPROPRIATING MONIES FOR ALL MUNICIPAL PURPOSES IN THE CITY OF ENGLEWOOD. COLORADO, IN THE FISCAL YEAR BEGINNING JANUARY I. 1996, AND ENDING DECEMBER , I. 1996 , CONSTITUTING WH AT IS TERMED THE ANNUAL APPROPRIATION BILL FOR THE FISCAL YEAR 1996 . Vole rcsulu : Molion carried . Ayes Council Members H:uhawa). Vom1i1tag. Wi gg ins. Habenicht Waggoner. Waldman. Bums Nays . No ne 12 . Gcn,;al DiJCu.u ion (a) Maio(s Choice I. Mayor Bums commcnlcd on the succcss of the Holi d..1) Parade :md 1h.111kcd C\'Cl)onc uho p.1nicipa1cd. espcc1all } Assistant 10 the Ci ty Man ... gc r Grace. th e Parade Associa uon. Austm Gomes. Lhc Police and Fire Dcpanmc nts . He st:i1cd th ere was .1 \"C r) good 1um ou 1 and ii was a pleasure 10 be im·olvcd in it. 2. Mayor Bums not ed lh.11 lom orro,\ is Election Day and encouraged C\'Cryon..: 10 \'Ofc if they ha\'c 1101 alrc.,dy. He wished aU 1hc Council C":'lndid.11 cs good luck (b) Cou ncil Membe rs Choice Council had no additi ona.J mailers to brin g before Council . E ■ctewood City c ... ■cu November 6, 1995 , • .., 12 13 . Clly M ■aaac,r'1 Rcpor1 (n) City Manager Clark nOlcd 1hn1 Council r=ivcd a copy of hi s Rcdcvclopmcnl Rcpon on Cinde rell a Ci ty in ll ici r packet . He Slated he did nOl have anyll1ing lo add lo whal was discussed in Exec utive Session last \\Uk. He askod if Council had any questions . Council Member Vom1i11ag asked if there had been any con~,ct made \\i th Cinderella City in the pmious week . City Manager Clari< Slalcd ll,cn, arc still discussions going on bcl\\Un lhcir allOmC)'S and the Cily 's nllorncys. Mr. Clark advised lhnl he had talked lo them a lilllc bil about Ilic cnvironrncnlal activi ties around the J.C . Penney S1orc an d they arc still doing soil sampl es. 14. City Atton,ty'I Rcpor1 City Attorney Brotzman did not lla \'C any matters to bring before Council. IS. Adjounimtnt L MUIB[R HATHAWAY MOVED TO ADJOURN . The n,ccling adjourned al 8:29 p.m. City Clerk I I