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Home My WebLink About1984-03-26 (Special) Meeting MinutesSPECIAL MEETING: COUNCIL CHAMBERS City of Englewood, Colorado March 26 , 1984 Th e City Council of the City o f Engl ewood , Arapahoe County, Colorado, met in special session on March 26, 1984 , at 5:00 p.m. Mayor Otis , presiding , called the meeting to order. The invoc at ion was given by Council Mem b e r Higday. The pledg e of allegiance was led by May or Otis, Ma yor Otis asked for roll call , Upon a call of the roll, the following were present: Coun c il Members Higday, Nea l, Vobejd a , Bilo, Bradshaw, Otis , lbs e nt: Cou n cil Member Weist arrived at 5:15 p.m. The Mayor d ec lared a qu or um present . Also present were : City Ma n ager Mccown Assistant City Ma n ager Vargas City Attorney DeW i tt Director of Community Development Powers Deputy City Clerk Ow e n COUNCIL MEMBER BRADSHAW MOVED TO OPEN THE PUBLIC HE ARING TO CONSIDER AMEND MENTS TO THE EN GLEWOOD DOWNTOWN REDEVELOPMEN T PLAN. Coun- cil Mem ber Bilo seconded the motion . Upon a call o[ the roll, the vote resulted a s follows: Ay es: Nays: Absent: Council Membe rs Higd ay , Neal , Vobejd a , Bilo, Bradshaw , Otis . None . Council Member Weist . The Mayor declared the motion carried . Mayor Otis stated the purp ose of the he aring was to consi - der am e ndm ents to the Downtown Re development Plan. Mar ~h 26, 1984 Pag e 2 Mayor Otis stated l a st Monday nigh t the Council held a h eari ng o n s eve r al amendments to the Plan which included ch a ng es to the text o f th e Pl a n a nd th e listing of properties for acquisition by t h e Urba n Re - new a' Au th ority. The properties discussed at las t week 's hearing were still und e r c on s ider a tion a nd included the following: 3401 South Bannock Stre e t 3415 South Acoma St ree t 342 7 South Acoma S treet 3447 -93 South Acoma Str eet 3448 -90 Sou th Ac oma S treet Mayor Otis stateJ t h e r e were ot her properties which th e de velop- er, Brad y Development Co rporation , ha s r eq u e sted the Urb a n Renewal Au- th o ri ty to acqui r e . These include th e follo wing: 3311 Sou t h Broa dw ay --Lea ses wi thi n 3315 -33 8 6 South Broadw ay 33 40 -3384 South Acoma 33 -95 West Gi r ard Av e nu e May or Ot i s stated eve n though Cou ncil held a publi c h a ring l ast week. peopl e would b e f ree to a d dress th e Council again. Mayor Otis st ated h e wou ld c all out add ress es and pe ople could speak if they wer e inti!tett ed in a particul a r address . Ma y or Otis stated Council wou ld also consider l isti ng the pa rk - i ng lot so uth o f F irst Inter stat e Bank fo r ac q uisition since thi s pro- perty was required fo r the construction of th e new roadway thro u gh the do~ntown. Mayor OtiJ asked Sue Powers , the Execut ive Director of the Urban Re newal Au t h or i ty to su mmarize th e amendments t o the plan. Director Powers st a ted th e pl a n i nclud ed a boul eva rd connect i ng Bro adway and U.S . 285 a l ong the cu r rent alignment of Girard and Cherokee . Ther e would be improveme n ts to Li t t le Dr y Cr eek starting l ate this fall. Als o , some i mpro vements to South Che rokee a nd the boulevard simu l taneou s - l y wi th improveme nts to the cr ee k . Major cha nges reflec ted in th e plan were different from the existi ng do wntown redevelopme nt pl an and had to d o wi th the bo ul evard r ather than the ma l l. One change was les s o f fice I constru ction than wh at was in th e pr evious plan du e to a mark e ting study . Director Pow er s stated a hotel was still being p la nned with a convention facility; a n athletic club whi ch was always anticipated ; a nd a Ki ng Soop- ers complex which wo uld be locat ed on the City p a rkin g lot . King Soa p er , was anticipated but n ot this early in the buildout . Director Po we r s stat e d t he hea ring tonig h · conce r ne d itself with properties present l y own ed by Brady Ente r prise~, Le wa n As sociates , Ci nd ern1ak (th e ow ne r o[ Cind e rel l a City) and Firs t int e rst ate Ba nk. I March 26 , 1984 Page 3 Director Pow e rs submitted the findings of fact from the Planning and Zoni ng Commi s sion for the record. The findings stated the amend - ments to the down town r edevel opment plan as outli n ed conform to th e Engl e wood Comprehensi ve Plan . Director Powers also pr e sente d a r es olu - tion amending the pl a n to r ef lect the ch a nge s . Mayo r Otis ent e r ed into the record a l et ter fr om Naylor 's Custom Win d Re p ai r and a le tt e r from Popular Poppers. Counci l Member Weist entered the meeting at 5 :1 5 p.m. Ma yor Otis st ated the first item to be considered would be the prope r ties discussed las t week . Mayor Otis asked if ther e was anyone wishin g to speak concerning 3401 Sout h Ban nock. No one resp onded . Mayo r Oti s asked if a ny on e was present wish i ng to s peak on 3415 South Acoma . No on e r espo nd e d . Ma yor Otis a sk ed if an yon e was pr e sent wishin g to spea k on 3 4 27 South Acoma . No on e r es pond ed . Mayor Oti s a sk ed if any one was pr e sent wishing to s peak on 34 47 - 9 3 South Acom• St r eet . No 0~e respond e d. Mayo r Ot is ~s<ed if anyone wa s present wishing t o s peak on 34 4 8 - 90 Sou t h Acoma Str ee t . No on e r esponded . Mayo r Otis as ked if anyon e was pr esent wi shing to speak on t he p a rki ng lo t . City Attorn ey De Witt stat ed he ha d hea rd that A~end me nt #6 which is 33 1 1 South Broadw a y and th e lease pro pertie s in 33 1 5 South Bro a dw ay to 3340 So uth Ac om a a nd the on e at 33 Wes t Gi r a r d Avenue wou l d be requested for postpo nem e nt un til April 10, 1984 by Br ady r eprese ntatives . Mr. Paysi nger , att orne y for Br a dy Comp a ny, stated Amendm ent #6 at this time wa s not ready to be proposed t o Cou n c il be c a use n eg otiat ,o ns we r e incomlete . M1. Pay s ing e r st a ted he a n t i ci pated ha v ing them don e by Ap ril 10 , 19 84. Cou ncil Membe r Neal as ked if the f ocus o f th e ne go tiations we r e wi t h lon g -term leases and if ther e was any work be ing d on e wit h month-to-month l ea s es . Mr . Pay sing er st ated all lea se s we r e bei ng treated the sam e . Appra isals were bei ng do ne for economic va lu e a nd then they ~o uld neg oti - ate with tenants for pur c hase of l ease -h old interest a lon g ~it h reloca - tion costs. May or Otis stat ed Mr . Paysinge r 's com me nt s were an i .. dicat i on that Mr. Brady was trying to wor k to the needs o f the people involved ; March 26 , 1984 Pag e 4 however , he would go ahead and read the addre ~ •~• for anyone still want - ing t o speak. Mayor Otis asked if there was anyone , : ,hi ng to speak on 3311 S outh Broa dw a y, Co un cil Membe r Ne al asked Director Pow ~tS to r e view th e process of the expecta tions fro m Brad y . Directo r Powers stated in order for Bra dy Development Company to come to Council and ask t o list properties for leas e -hold interest for acquisition by the Urban Renewal Authority, the Council must first re - c e ive documenta t ion that they have made good faith efforts to negotiate and that those e fforts ha ve failed. Good faith efforts must include appraisa ls, written a nd or a l offe rs, rej e ctions , and an ythin g else t hat can be used as evi dence to show that they have mad e an effort . Since th a t inform a tion h as not b ee n pr es ented on thes e properties was the rea- son t h e deve loper was withdrawin g ; and Ms. Powers noted thi s action is provid e d for in the con tract between the UR A and th e develope r. In the event Cou nci 1 finds good fa ith efforts h ave been ma de it would be t h e respons ibi lit y of the Urb a n Ren e wa l Authority to ac quire the property or the 1ease-hold interests. May o r Otis ask ed if anyon e pres ent wa nt ed to speak on 3311 Sou th Br oa dw ay . No one r es pond ed . Mayor Otis ask ed if anyone want ed to spea k on ea ses within 3315 -3386 South Broadway . Mr. Leo Zer ,om a n, stockh o ld er of Phys ic a l Whimsic al , 3315 South Bro a dway, sta ted he h a d not had a n y conv er s a tio n yet with Br ady and had no obj ec tion to the continu a nc e . Mr. Ge ne !sen, 3365 South Broadw ay , own e r of Ma n's World, asked for sp ecia l conside ra tion for his busin ess s i nc e the business ha d on l y been in Engl e wood for 6 months, Mr. Js e n stated he had gon e to a lot o f expens e t o start his busines s, and it looked like he wo uld have to star t all ov e r ag a in, Mr, !sen questioned if they would be treated equ a lly when not everyone 's a i lme nts were equal . Mr . Mike Fitzpa trick , Ex ec utive V ice Pre siden t of F&H , Inc whicr., h o l ds t he le a s e -hold inter est i n Pop ul a r Pop cor ns a t 338 4 South Acom a stated he would wa ive st ateme nt until next we e k . Mr. William R. Layhee , on be h a lf of Ali Ba b a at 3370 Sou th Acom a , a sked of the sta tu s of the developer deposits according to the agreeme nt a nd if the second d e posit h ad b een made . Di r ecto r Pow e r s stated the s econd deposit ha d bee n made. Marc h 26 , 1984 Pag e 5 I me nt. April Mr. Layhe e a sk ed if 3370 South Acoma was in th e sixth amend- Council confirmed that it was in th e amendment b e ing c o nsidered 10 , 1984 . Mr . Layh e e asked about Council's fe e l i ng o n whether or not any dis ti n ct ion was b ei ng made bet ween parcels that are owned by individuals oth e r tha n Br a dy, p a rc e ls th at a r e currentl y owned by Bra dy, and pa rc e l s th at are City proper ty , Council Me mb er Nea l stated the purpose of th e publ ic hearing was to solicit pu bli c comm e n ts and he was no t sur e this was th e appropriate forum to gain Council's opinions and feelings, City At tor n ey De Witt agreed and advised Mr, La yhee this public h ear ing was not th e pla ce to cover philosophical statements fro m Council. Mayo r Oti s a s ked if there wa s som eone prese nt wishing to spe ak r eg a rding 33-95 West Girard . Ted Va silas, Te d's Cus to~ Cl othes, 3 3 West Girard , stated he appreciated the ne ws giv en at t he hea ring. He ne eded time to plan and find a ne w place . Bob Thomas , owner of Almos t Ne w Shop at 59 West Girard, ag re ed with Mr . Vasilas . Tom Gros, leas e e of 50 West Gir a rd , s t at ed he wa s ver y much in the d a rk. The own er , Mr. Feidleman h a d no t even b een conta c ted . Council Memb er Neal stated the south side of Gi r a rd wa s nor bei ng listed at this time . Ma yo r Otis asked if there was a nyon e wi s h ing t o speak on a ny ma t ter r e l a ting to the amendm e n t s . Fred Ka ufm a n , Kaufm a n 's Big & Ta ll Store, 3 39 5 Sou th Broadw a y , stated his prope r ty was not listed in th e p r esen t on e s but a s it fits int o t h e plan wou ld be c a lled b y th e Brady Comp a ny . He state d he had tw o me et in gs wi th Mr . Bra dy 's group and h a d th e distin c t feeli n g they wa nted to wo rk som e th i ng o u t . Mr . Kaufman s ta t e d ma ny p eo pl e hav e hired at- torn e y s a t $15 0 /hour a nd th ese conti n uan ce s we r e go ing to cos t p e o p l e a l o t o f mo ne y so he a s ke d Co un c il to tak e t his into consideration . An - other co nsid eration was the inconvenien ce a nd in te rfer e nce that woul d imp a ct h is business by di rt, dust , a nd getti ng f r eight into this stor e if the en gi neers go ahe a d as p r o p o sed . Mr. Kaufman hoped these issues could be negot i a ted and through good fait h th e communi t y c o u ld h ave th e kin d of pr oj ect th at wa s en v ision e d . Ma rch 26 , 1 98 4 Page 6 COUNCIL MEMBER BRADSHAW MO VED TO CLOSE ON AMENDMENTS NO . 4 AN D NO . 5 AND CONTINUE THE HEARING AS TO AMENDMENT NO . 6 TO AP RIL 10, 1984 AT 7:00 P.H . Coun cil Memb er Bil o seconded t h e mot ion . Upon a call of the roll, the vote res ul ted as follows: I Ayes: Coun cil Members Higd a y, Neal, Vobejda , Weist , Bilo, Bradshaw , Otis. Nays : None . Th e Mayor declar ed the motion c a rri e d. RESOLUT I ON NO. 9 SERIES OF 1984 A RESOLUTION OF THE ENGLEWOOD CITY COUNCI L TO AM END THE ENG LEWOOD DOW N- TOWN REDEVELO PM ENT PLAN . COUNCIL MEMB ER BRADSHAW MOVED TO PAS S RESOLUTION NO. 9, SERIES OF 19 84, AND TO AMEND THE RESOLUTION BY CROSSING OUT "AND AMENDMENT 16 " UNDER SE CTION 3; AND TO CROSS OUT AMEN DMENT 46 ON EXHIBIT B WHICH JS ATTAC HE D TO RES OL UTION NO. 9 , SE RIES OF 1984 . Co un ci l Mem b er Higday s econded t h e motion . Ayes: Nays: Council Members Higday , Nea l, Vobejd a , Weist , Bil o , Bradshaw , Otis . Non e . The Mayor declared the motion ca rried. There was no further bus i ness to disc u ss due to th e meeting be ing sp cia l status . COU NCIL MEMBER HIGUAY MOVED TO ADJO URN . Ma yor Otis adjourned the meeting wit hout a vo t e at 5 :4j p .m. ~£{)~ (/eputy City Clerk I