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.