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Home My WebLink About1975-01-13 (Special) Meeting Agenda Packet....... • 0 • CITY COUNCIL MEETING -Special January 13, 1975 • 0 J - - • • COUNCIL CH.AMBERS CITY OF ENGLEWOOD , COLORADO JANUARY 13, 1975 I • SPECIAL IBETING: The City Council of the City of Englewood, Arapahoe County, Colorado, met in special session on January 13, 1975, at 7:30 P.A. Mayor Taylor, presiding, called the meeting to order. The invocation was given by Councilman Howard Brown. The Pledge of Allegiance was led by Mayor Taylor. The Mayor asked for a roll call. Upon the call of the roll, the following were present . Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor. Absent : None The ~yor declared a quorum present. Also present were: City Manager cCown Assistant City Manager Nollenber er City Attorney Berardini Director of Utilities Carroll Deputy City Clerk Johannisson * * ~yor Taylor presented the first item on the a enda rerardi!'lf the protes by F! and he in ention of the Council to aW'll.l'd h contrac for the Bi-Ci y W s e Wa er Trea en Plant. i s . Pro e i o :'. a r d f or h en cy r er Cown to c en purpos of thia in accordance wi h of th Ci y Counc i l to k th nt Pl an • .. - • • ' - • • 0 • -2 - COUNCIUAAN BLF.sSING MOVED AND COUNCIIMAN CLAYTON SECONDED A MOTION TO ACCEPT THE LETTER TO FMC CORPORATION SIGNED BY THE MAYORS OF LITTLETON AND ENGLEWOOD FORMALLY RESPONDING TO THE FMC LETTER OF PROTEST OF DECEMBER 10, 19?4, AND ANNOUNCING THE INTENT TO AWARD THE OXYGEN GENERATION AND DISSOLUTION SU PPLY SYSTEM TO FMC. Upon the call of the roll, the vote resulted as follows: Ayes: Council Iembers Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor. Nays: None Absent: None. The Mayor declared the motion carried . ClJUNCIUAAN CLAYTON MOVED AND COUNCIIMAN JONES SECONDED A MOTION TO STATE THE INTENT OF THE CITY OF ENGLEWOOD TO AWARD TO THE CENTRIC CORPORATION AS THE LOW BIDDER, THE CONTRACT FOR THE BI-CITY WASTE WATER TREATMENT PLANT SUBJECT TO APPROVAL BY THE ENVIRONMENTAL PROTECTION AGENCY. Upon be call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Ua.nn, Blessing, Brown, Clayton, Taylor. Nays: None Absen None The (ayor declared the motion carried. * • • * Council received a reques for consideration of the Resolution concerning retail liquor applica ion y Stokes and COl!!pe.ny, d/b/a G iquors. RESOW IO NO. 4, ERIES OF 1975 STORE LIC SJ!: TO STO AT I. 0 SOOTH CAIMAY, ( Cop i 1 run i e fidal R TO AP • d er • • - • • 0 I• • 3 t{r. Hannon stated that in the Public Hearing in December, the need for a liquor outlet was presented and justified at that time, and that there were no protestants to the liquor application, even though there were a large number of liquor license owners at that meeting. Councilman Mann expressed his concern about awarding a liquor license at that location on the uncertain grounds of Target taking a lease there . He also noted that there were several liquor licenses in that area, both in Littleton and in Englewood, and stated that possibly another liquor location here would be unjustified. City Attorney Berardini explained some of the technical aspects of liquor license award regar ding procedures involved . He also reiterated that the location of Target near that proposed liquor site is not at issue and must stand on its own merits . Councilman Blessing called for the vote. Upon the call of the roll, the vote resul ed as follows: Ayes: Council Members Jones, Sovern, Blessing, Taylor . Nay s: Council Members Mann, Brown, Clayton. The layer declared the motion carried. * * * * * Councilman So vern asked that they discuss an additional item on the agenda re arding his concern about the personal contact of Council members by He stated that he felt that the con act with Co uncil members wa s an unethical practice and should not be condoned. Councilman Brown asked Ci y Attorney Berardini if the Council can dis uso i s which are not on the enda. City Attorney Berardini stated in h n Fa ive. I 1 on Sove can A poll o r • y1: stated tha this mi ht be considered as part of re arding wn asked for a poll of h Council w ether Councilman situatio as par of th resolu ion made earlier. follow r s , Sovern, nn, Clayton, Taylor. Blesli , Br CIWAN !ANN SECO A IO TO !XPRF.SSI DISPL!ASURE I •. • • , - • • 0 I• • 4 Councilman Brown stated that he would vote "no" on this motion because he felt that the information he received from FMC was very helpful. Councilman Sovern stated that suppliers to the City should utilize proper channels for giving information instead of personally contacting Council members and lobbying. Councilman Blessing stated that most of the people from Fl were here and were, in fact, hearing the contents of what would be contained in a letter. Councilman Mann dropped his second to the motion. Councilman Sovern ~ withdrew his motion. * * * * * COUNCII.MAN BLF.SSING MOVED AND COUNCII.MAN SOVERN SECONDED A Mdti>N TO ADJOURN. Upon the call of the roll, the vote r esulted as follows: Ayes: Council Members Jones, Sovern, Mann , Blessing, Brown, Clayton, Taylor. Nays: None Absent: None The 4ayor declared the motion carried, and the meeting was adjourned at 8:15 P.M. Deputy city cierk • • , - • • • • '· AGENDA. FOR THE REGUIAR MEETING OP THE ENGLEWOOD CITY COUNCIL .JANUARY 13, 1975 7:30 P.H. Call to order, invocation aP1 pledge of allegiance, and roll call. 1 . Consid ration of protest by FMC and intention o f award of contract for the Bi~ity Waste Water Treatment Flant. 2. Consideration of the Resolution cone ming r tail liquor applicat on by Stokes and Company d/b/a GEM Liquors, 545 0 South Broadway. (Copies enclo .) 3 . AdJournment. l.1. / .~I //I ( .. y City AM/IC •. • • , - /. I- ~- • • • t,U{7u "-!. ROLL CALL 7 ·30 ~ ;..7/l <J • • • ~ >-'!~ Aye Nay J ones ( sovern ) lJDnn / 1nessi= ( nrown ) Clavton ( Mayor Tav lor } ~fc.... 11 ~twr u ,ti ;;-rA /~5 ~~ u.J'y_ ti~:,. l • . Abstain Absen t "" L 4-4-.>-< L "'-~ L 6N t~ ~c-1.;<_ /I r"- / • • , • • , . • < ROLL CALL ,,,, u ~ ~L,...._, Ayl' M:>ved Secon4ed Nay Abstain Absent Jones ( Sovern ) MAnn I >< Bless I= I... Brown ) _,,_ Cl a vton I M'Avor Tav lor " • • , • 0 t' • ROLL CALL s a n sen ......-Jones r Sovern ) MRnn I trressirur \ Brown ) -,L Clayton I ""'vor Tavlor ' • • • I • • ,,. - - 0 I• • .. --.... ROLL CALL ' /'~)1 ( Moved Secon~ed Aye Nay Abstain Absent .,, Jones ,. sovern I/' Mann V' y Blessing ../ Brown \I' ClaYton 7 ,/ Maver Tavlor v /}u<l ~n .... - ~ f ~'-·~t. 7 Ul(P-41 ,y.J>.l<t v~ fbu ~ f/r;.t7s ~ ~ . r ~- ,,, ,£.,,. f 41t,(//4 l'f wt-..A ~l q<C-u, I I~" # '/ , . '~ ,/i. /. /.A .. '1 / (-.,. t11A/f ..o ~'/ ;, I U'-'-'i-<-s c:-o< ,.. /),u;; s cf ,.~ hL I II. ,,! J .I (,.{,, )._•u . ' 'f • I • • • • "' - • I• • ROLL CALL Moved Seconiied Aye Nav Abstain Absent Jones Sovern 1liUin Blessln2 Brown Clavton MAvor Tavlor /f.. t vf u ~f,. ,;1//' / t /"; v-~~ -~ ,,(A I /;;~, < .{ '! I~~ <: ; / ,/ t""---~s ,,L.u) "-- • • • • . • • ROLL CALL Moved Seconci d e Aye Nay Abstain Absent Jones ;::.overn MHnn Blessi n"' lfrown Clavton MHvor Ta vlor A/~--, f I \'A...i ........... L " _' ~ 1 ..c..v-t/j' ~ ~ ..._..._ Ac# i. ...... I ~ • ~ - ~11 • • • , - • ROLL CALL 0 . ~-=; • • • Moved Secon<led I-~l~hq ~vi~ ~s f,£/L J_, FM<!-~ /!I:,, (1 ~~ ~'-~j,t_ f , 41 ~u , . 7 173 Abstain Absent ,/"' ~ (V llU-f J ~ ~t • • • "' - -• . • I• • - ROLL CALL I 'kU-tc_ tiAA 't£I / /,t~ ;.--t.... </-,, w-u:f f.-u_ £.u,t~ ~ ~ ~~L ~ ~~ fu£u ~~ M:>ved Secon~ed Ay I e Nay Abs ta.in Absent Jones ~ sovern I/ Mllilil Bless1= ~own Cla~on Mavor Tavlor I' 7 -wa, ' 1 ~ j tl"~ /+... t Id... w--r J ~u~,~ ~ ~ f'~ ~ ~~ ~'/' ~~,..-. ~r::t:.=~~~~~. /~~ f/l~~t 1uvZf._.,/ r J ~ I ~ / UJ 1 • • • , • - • ·. • ROLL CALL Moved Secon~ed Ay_e Nay Abstain Absent Jones \ '>.r sovern I .Mann ( "'11"' Blessi.112 \ 64 Brown I -~ Clavton I Maver Tavlor \. • • • • • M E M 0 R A N D U M TO: FROM : DATE: Mayor and Members of the Littleton City Council Mayor and Member s of the Englewood City Council Gale Christy, City Manager of Littleton Andy McCown, City Manager of Englewood January 10, 1975 SUBJECT: BIDS ON BI-CITY WASTEWATER TREATMENT PLANT Attached is a letter we have prepared to be sent to the FMC Corporation to answer their protest filed with the cities on December 10, 1974. The letter, which is to be accompanied by a legal opinion from the two c i ty attorneys and the engineering report prepared by Henningson, Durhaa, and Richardson, Inc., inc orporates the inforaal decision of the two Councils aade in last week's joint aeeting and the reason for the de c ision. Th legal opinion is now being prepared and will be ready for you r indi vi dual meetings. ln addition to approving th e attached letter, we do also recommend a mi nor change in your original plans to award a bid to Centric Corporation with a stateaent of intent to award the oxygen upplier bid to FMC. Since our aeeting we have been in further con t ac t wi th Environmental r otection Agen cy (EPA) officials h o hav e i nfoT111ed us that w c anno t award a bid at this tiae, e ven to the general contra tor , un t i l EPA gives approval. There - fore, we reco11111end the fol lowing c ourse of a c tion at y o ur respect i ve Coun ci l aeetings (such act ions being in c onformance with EPA i n t ruc t i on s ): 1. Res olve the p ro te s fi led by the FM C Co r po r a t i on as p e r the att ched docum n ts. 2. State your inten to a ward th contrict to C ntric Corporation sub)ect o pprov l by EP A. One foraal ac ill then have uch action b .d can b n t ak n by both Council , Air Pro duct day to fil a pro t ith EPA and, it must b r ol d b for ard1n of 1 pproval. D. H !STY , i • M n ger of Lit l ton, Color do nclo ur • • ........ January 10, 1975 Mr. Richard B. Weber, P.E. Manager of Operations MAROX Diffusion Systems 3999 South Mariposa Street Englewood, Colorado 80110 Dear Mr. Weber: • 0 - In compliance with Environmental Protection Agency regulations, the cities of Littleton and Englewood are hereby, through this letter and the attached docwaents, foraally responding to your letter of protest filed with both cities and dated December 10, 1974. The City Councils of Englewood and Littleton have met with repre~entatives of our engineering fira, Henningson, Durhaa and Richardson, Inc. (HDR),·and have thorou1hly reviewed the docwaent subaitted to us, and attached herein, dated January 6, 1975. It is our finding that, in accordance with our right to waive irregularities, if any, as may be deeaed best in the Owner's interest, we wish to exercise such riahts and state our intent to award the bid for the oxygen generation and dissolution supply system to the Food Machinery Corporation (FMC). Our decision is based upon the opinion that the irregularities as pointed out in the HDR report are of ainor significance and will not affect the ability of your equipaent to properly func - tion and perform according to the specification. This is • further verified on Page 2 of the engineer's report which states, in su ary, that all three oxygen syste• aanufacturers are capable of providin the required equipaent and technoloay for treataent in accordance with the contract docUA1ents and that the three aanufacturers are large reputable firas th t will stand behind their perfor ance and guarantees. Th en ine ring fir• further points out, on page 9 of their r port, that FMC's operating costs, according to the electrical n rgy nu• r pre nt d, are low r by approxiaately $1 5,000/year or $150,000 o r t n year p riod and th if the C 1 ctrical ener1y nua r w r adjust d to co ply with th int nt of the peci£1cation , th y would still be th low 1dder, ba d on i h ir projected op ra in& co t. Ty, i i OUT d for th oxy& n that your fint te and that w • • - I. • 0 • Mr. Richard B. Weber, P.E. January , 1975 Page Z intend to waive the irregularities, if any, as stated in the engineer's report and award the supplier bid to FMC Corporation. JAMES L. TAYLOR, Mayor F. VAUGHN GARDINIER, Mayor City of Littleton, Colorado City of Englewood, Colorado pmh AttacJ111ents: Legal Opinion fro• Attorneys for Cities of Englewood and Littleton; and Report fro• Henningson, Durhan and Richardson, Inc., dated January 6, 1975 ccs: Mr. John A. Green • Regional Adainistrator Environaental Protection Agency Nr. Frank J. Roiich, P.E. Director Water Pollution Control DiYision State Departaent of Health Mr. Willia• Bredar Executive Vice-President Henningson, Durham and Richardson, Inc. Denver, Colorado Mr. 0. R. Langslet Account Manager OASES astewater Treataent Systems Air Products and Cheaicals Box S:S8 Allentown, Pennsylvania Mr . ayn Brown President C ntric Corporation La wood, Colorado • • • • 0 - RESOLUTIO NO. ~---'-'f~~-• SERIES OF 1975 A RESOLUTION GRANTING A RETAIL LIQUOR STORE LICENSE TO STOKES AD COMPANY, A COLORADO CORPORATION, TO BE LOCATED AT 5450 SOUTH BROADWAY, ENGLEWOOD, COLORADO. WHEREAS, Stokes and Company, a Colorado co rporation, has heretofore made application for the issuance of a retail liquor store license to sell malt, vinous and spiritous liquors in sealed containers, not to be consumed at the place where sold, pursuant to the provisions of Chapter 75, Article Z, C.R.S. 1963 , as amended, to be located at 5450 South Broadway in the City of Englewood, Colorado; and WHEREAS, notice of said application and the Public Hearing thereon has been properly given, and the Public Hearing upon said application was duly held and conducted on the 17th day of December, A.D., 19 4, before the City Council of the Cit of Englewood, as the local licensing authority, and all the procedural requirements of the statute having teen duly complied with. OW, THEREFORE, BE IT DULY RESOLV ED BY THE CITY COU CIL OF THE CITY OF E GLEWOOD, COLORADO, a follows: That based upon the application of tokes and Company, the applicant herein, and the evidence and information adduced at the Public Hearing upon said application, the Cit Council of the Cit of Englewood hould nd doe hereb adopt the following finding nd concludion : 1. Th t the applicant i a corporation dul anized and e i tin under the law of the St t of Colorado of pril 1, 1959, and i prin ipal pl ce of u ine s i condu ted t Logan tree , Denver, Colorado . -1 - • • -• • • 3. The applicant submitted petitions bearing the names of 107 individuals who represented themselves to be either residents of the area adjacent to 5450 South Broadway, or regular customers in the area adjacent to said location, all indicating that they were in favor of granting of said license, and further stating that the neighborhood is not being adequately served by existing outlets. 4. There were no petitions bearing signatures, or remonstrances, submitted in protest of the issuance of said license, nor did any individual personally appear before City Council to pro - test the issuance of said license at the Hearing thereof. 5. That the above location is the identical location which was licensed by the Englewood City Council for the year 1973, but said licensee abandoned the license for reason not entirel known to he City Council. 6. That City Council finds that no additional license pursuant to Chapter 5-2, C.R.S. 1963, a amended, were issued since the abandonment of the previous license at the sa11e location. 0 , THEREFORE, BE IT FURTHER RESOLVED that, ba ed upon the foregoing, and the entire record, and the evidence contain d herein, the pplication of Stoke and Company, a Color do corporation, for the i uance of a retail liquor store licens , to located a 5450 outh Bro dway, En le ood, Color do, hould be nd is h reb ran ed. A OPTED A! 0 APPROVED th A.O., 19 5. -2 · 13th da of Januar , 0 • • ...... • • • ATTEST: ex officio City Clerk-Treasurer I, Karl Nollenberger, ex officio City Clerk- Treasurer of the City of Englewood, Colorado, do hereby certify that the above and foregoing is a true, accurate and complete copy of the Resolution No. , Series of 1975. ex officio City Clerk-Treasurer 0 • • • 0 - RESOLUTION NO. ~~~~~-' SERIES OF 1975 A RESOLUTION GRANTING A RETAIL LIQUOR STORE LICENSE TO STOKES AND COMPANY, A COLORADO CORPORATION, TO BE LOCATED AT 5450 SOUTH BROADWAY, ENGLEWOOD, COLORADO. WHEREAS, Stokes and Company, a Colorado corpo1ation, has heretofore made application for the issuance of a retail liquor store license to sell malt, vinous and spi ritous liquors in sealed con ainers, not to be consumed at the place where sold, pursuant to the provisions of Chap er 75, Article 2, C.R.S. 1963, as amended, to be located at 5450 South Broadway in the City of Englewood, Colorado; and WHEREAS, notice of said application and the Public Hearing thereon has been properly given, and the Public Hearing upon said application was duly held and conducted on the 1th day of December, A.D., 1974, before the City Council of the City of Engle ood, as the local licensing authority, and all th procedural requirements of the s atute havingl2en duly complied with. NOW, TH REFORE, BE IT DULY RESOL ED BY THE CITY COUNCIL OF THE CITY OF E GLEWOOD, COLORADO, as follows : That based upon the applic tion of tokes and Co pany, th ap lican herein, and the evidence and infor ation addu ed a he Public Hearing upon aid applica ion, the Ci y Council of the Ci ty of En lewood should and doe hereby adopt the followin findin and concludion : 1. That he applicant i a corpora ion dul organized and ex1 ting under h law of Sate of Colorado as of April 1, l 9, and it principal place of bu in s is conduc ted at 33 Lo an S reet, Denver, Colorado. "' - 0 • • • - • • • - 3. The applicant submitted petitions bearing the names of 107 individuals who re resented themselves to be either residents of the area adjacent to 5450 South Broadway, or regular customers in the area adjacent to said location, all indicating that they were in favor of granting of said license, and further ztating that the neighborhood is not being adequately served by existing outlets. 4. There were no petitions bearing signatures, or remonstrances, submitted in protest of the issua nce of said license, nor did any individual personally appear before City Council to pro- test the issuance of said license at the Hearing thereof. 5. That the above location i the identical location which was licensed by he Englewood City Council for the ear 1973, but aid licensee abandoned the license for reasons not entirely known to he City Council. 6. That City Council finds that no addi ional licenses pursuant to Chapter 75 -2, C.R.S. 1963, as aaended, were issued ince the abandon en t of he previou licen e at th aae location. NO , THEREFORE, BE IT FURTHER RESOLVED that, based upon the foregoin , and he entire r cord, and the e idence contain d herein, th application of Stoke and Co•pany, a Colorado corporation, for the issuance of a retail liquor store lie nse, to be located at 5450 ~out Broadway, En lewood, Color do, should be and i hereby ranted. ADOPTED AND APPRO\'ED this lJth da of Ja u rv, A.D., 19 S. ·2 · • • • , • • • • 0 • ATTEST: eA 0££1c10 City Clerk-Treasurer I, Karl Nollenberger, ex officio City Clerk- Treasurer of the City of Englewood, Colorado, do hereby certify that the above and foregoing is a true, accurate and complete copy of the Resolution No. , Series of 1975. ex officio Cit Clerk-Treasurer • •