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HomeMy WebLinkAbout1981-04-27 (Special) Meeting Minutes [2]SPECIAL MEETING: COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO April 27, 1981 The City Council of the City of Englewood, Arapahoe County, Colorado, met in special session on April 27, 1981, at 8:25 p.m. Mayor Otis, presiding, called the meeting to order. Both the invocation and pledge of allegiance were dis- penaed with aince they were spoken at the prior meeting. Mayor Otis aaked for roll call. Upon a call of the roll, the following were present: Council Membera Higday, Real, Fitzpatrick, Keena~ Bilo, Bradshaw, Otia. Abaent: Hone. The Mayor declared a quorum present. * * * * * * Aleo preaent were: City Manager Mccown Assistant City Manager Wanuah City Attorney DeWitt Assistant City Attorney Holland Director of ColllDUnity Develop- ment Powers Asaiatant Director of ColllDUnity Development Romana Deputy City Clerk Watkins * * * * * * COURCIL MEMBER BRADSHAW MOVED TO OPEN THE PUBLIC HEAR- IBG TO COMSIDER Al OllDIHAHCE PURSUANT TO TITLE VI, CHAPTER 7, OF THE EBGLEWOOD llJRICIPAL CODE, ASSESSING AGAIMST CERTAIN REALTY AND THE OWERS TBEllOF THE COST OF RE!l>VAL OF WEEDS THEREFROM BY THE CITY OF ERGL!l«>OD PLUS AR ADMINISTRATIVE CHARGE ARD PENALTY. Coun- cil Member Fitzpatrick aeconded the motion. Upon a call of the roll, the vote resulted aa follow•: Ayea: Haya: Council Members Higday, Neal, Fitzpatrick', Keena, Bilo, Bradshaw, Otia. None. The Mayor declared the motion carried. April 27, 1981 Page 2 Aaaiatant City Attorney Tom Holland preaented the proposed ordinance. Mr. Holland stated the orainance waa au- thorized under Title VI, Chapter 7, of the 1969 Inglewood Mu- nicipal Code. Attached to the ordinance waa a liat of the owner• of particular realty for which it waa neceaaary that the City remove weeda. The City haa aent atatementa to the property owner• concerning the coat of the weed rellOval and haa not received payment. Mr. Holland atated the ordinance aaaeaaea the coat of weed removal aa well aa a penalty aaainat thoae specified owner• and realty. public tinel. owner a Mr. Holland aublDitted the rubliahed legal notice of hearing publiahed April 8, 19 1, in the Enflevood Sen- He submitted alao the publiahed legal not ce that all and occupant• of land within the City to remove weeda. In diacuaaing the mechanic• of the ordinance, Mr. Holland aubmitted the notice of poatina uaed by the Code En- forcement Division of the Co11111Unity Development Department notifying the owner of and/or occupant of a property to re- move weeda. Mr. Holland atated Code Enforcement officers continue to check to aee if the weed• have been cut; and if not, the work goea out for bid and the paper work forwarded onto the Finance Department. He added that the Code Enforce- ment Diviaion make• a photographic record of their determina- tion that weed• exiat, that the property haa been posted, and whether or not weed• have been cut. If the City incurra the coat for weed removal, the Finance Department aenda a certi- fied atatement to the owner. Mr. Holland aubmitted aample copiea of a certified statement and a follow up letter. Mr. Holland stated the City haa received and recorded aix to ten reaponaea on this matter. The people were told to come to the meeting or to write a letter should they wish to preaent evidence. Mr. Holland stated if Council finda the coats to be in order, the aaaeaamenta will be forwarded to the County Trea- aurer for collection. Council Member Bilo aaked how the aaaeaament was going to effect previoua owner• of property who have not paid. Mr. Holland atated if a prior owner appears on the list and the weeda were actually removed from hi• property, the assess- ment ia valid. If the weeda were removed from a previous owner's property and the City haa billed the wrong peraon, that person would not be reaponaible for paying. Mr. Holland stated the ordinance give• Council the power to correct any of those kinda of errora. April 27, 1981 Page 3 Council Member Bradshaw noted a certain property owner on the liat actually paid the bill laat year. Ma. Bradshaw atated the property owner waa under the i11preaaion that she atill had a month in which to write an explanatory letter. Mr. Holland stated it waa hie underatanding that people were informed they had a certain length of time in which to write a letter. Mr. Holland auggeated that Council not pa•• the ordinance at thi• meeting, but give all those who might want to come in and speak at this &earing the op- portunity to do ao and all of thoae who have previously con- tacted the City an opportunity to write a letter. As soon aa staff got the document•, the liat would be updated. In response to City Manager McCown'a question, Mr. Bolland stated letters received after the public hearing could be considered according to the way the Code was written. Mr. Holland stated the list would be reviewed, veri- fied, and corrected by the Finance Department. Mr. Holland then submitted a letter from Robert Von Schlichting protesting the assessment amount for his property. * * * * * * Mayor Otis asked for anyone wishing to speak to Council on this matter to come forward. Robert Von Schlichting, 4308 South Pennsylvania, ap- peared before Council. Mr. Schlichting provided testimony con- cerning hie protest. He suggested that people do not read legal notices and would not know their property waa going to be assessed. Mr. SchichtinA suggested that another letter be sent to the people addressed to Resident" in order that more people be given an op- portunity to be aware of the assessment. Mr. Schichting stated this method would be less expensive than researching real estate records. There was no other person in the audience wishing to speak on the ordinance. Council Member Keena asked if the lien was placed on the realty rather than the person. Mr. Holland stated the aaseaament would go against both the realty and the record owner of that realty. April 27, 1981 Page 4 Mr. Von Schlichting euggeated that the letter be a general queationnaire to cover renter•, paat property owners•, preaent property owner•, etc. Council Member Real atated the problem of correct aaaeaamenta would be handled properly if the matter could be proceaaed every aix montha. Council Member Fitzpatrick auggeated that Council make it a record to require every fall a lilting •• to whose veeda were cut and to what indebtedne11 the City ha• incurred to cut the veeda. Mr. Fitzpatrick then aaked how many certi- fied letter• were returned to the City. Mr. Holland etated many or moat of the letters came back. He noted that the ordinance did not require a regietered notification to be eent to the property owners but only required the mailing of a letter and that all other forma of notice to be eufficient. Council Member Bradshaw called Sueie Schneider to come forward. Suaie Schneider, 2990 South Grant, appeared before Council. Ma. Schneider provided testimony in that the ordi- nance would facilitate the control of weeds in the City. Ma. Schneider atated that many of the people were perpetual viola- tor• vho owned eeveral pieces of property but did not take care of them. Ma. Schneider stated she did not believe sending another letter would help facilitate getting the aeeeesmente paid. Moat of the letters that were returned were double checked by her and with the County, many of which were found to be in eatatea, etc. She stated she had some concern• about a11e1eing property owner• who bought property three year• afo~ have kept it up during the three years, and were now receiv ng aaeeaement noticea. Mayor Otia epoke of the necessity in keeping the liet up-to-date annually; and further supported weed removal enforcement. Council Member Neal diecuaeed the liet of assessments. Mr. Neal atated he felt the penalties were too low. He requested the City Attorney to prepare some euggeetione in recovering the true coats on this ordinance. * * * * * * There were no further comnents. * * * * * * April 27, 1981 Page 5 COUNCIL MEMBER KEENA K>VED TO CLOSE THE PUBLIC HEAR- ING. Council Member Bilo •econded the motion. Upon a call of the roll, the vote re•ulted aa follows: MEETING. Ayea: Ray•: Council Members Higday, Neal, Fitzpatrick', Keena, Bilo, Bradshaw, Otia. None. The Mayor declared the motion carried. * * * * * * COUNCIL MEMBER FITZPATRICK MOVED TO ADJOURN THE Mayor Otia adjourned the meeting without a vote at 9:00 p.m.