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HomeMy WebLinkAbout1979-10-01 (Regular) Meeting MinutesREGULAR MEETING: COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO October 1, 1979 The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on October 1, 1979, at 7:30 p.m. Mayor Taylor, presiding, called the meeting to order. The invocation was given by Reverend William Mantei, Centennial Lutheran Church, 3595 West Belleview. The Pledge of Allegiance was led by Girl Scout Troop 1282. Mayor Taylor asked for roll call. Upon a call of the roll, the following were present: Council Members Giaeburt, Smith, Harper, Clayton, Mann, Taylor. Absent: Council Member Williams. The Mayor declared a quorum present. * * * * * * Also present were: City Manager Mccown Assistant City Manager Curnes City Attorney Berardini Director of Utilities Fonda Director of Co111DUnity Development Wanuah Deputy City Clerk Watkins * * * * * * Mayor Taylor announced there would be no smoking in the Council Chambers baaed upon action taken at the last Council meet- ing. * * * * * * COUNCILMAN GISEBURT MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF SEPTEMBER 17, 1979. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Giseburt, Smith, Harper, Clayton, Mann, Taylor. None. October l, 1979 Page 2 Absent: Council Member Williams. The Mayor declared the motion carried. * * * * * * COUNCILMAN MANN MOVED TO APPROVE THE PROCLAMATION DECLARING OCTOBER 7 -OCTOBER 13, 1979 AS "FIRE PREVENTION WEEK" AND A PROCLAMATION DECLARING THE MONTH OF OCTOBER AS "ALCOHOLISM AWARENESS MONTH" AND TO APPROVE RESOLUTION NO. 38, SERIES OF 1979. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Giseburt, Smith, Harper, Clayton, Mann, Taylor. None. Council Member Williams. The Mayor declared the motion carried. Mayor Taylor presented the proclamation concerning "Fire Prevention Week" to Fire Marshall Lloyd Cox. Mr. Cox thanked the Council. Englewood Firefighters Richard Edison and Ron McLain were present. They announced the winners and presented the posters for the Third Annual Fire Prevention Week Poster Contest. The winners were: Dee Anna Monte Amy Wentworth Danny Clayburgh Linda Kef fover RESOLUTION NO. 38 SERIES OF 1979 A RESOLUTION OF THE COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, EXTENDING AN INVITATION TO THE CITY OF TRES CORACOES, MINAS GERAIS, BRASIL, TO BECOME A PARTNER CITY AND INVITING THE PEOPLE OF ENGLEWOD TO PARTICIPATE IN SAID PROGRAM. Mayor Taylor presented the resolution to Mrs. Marjorie Hargadine, 4195 South Elati Street, who was representing the Engle- wood Business & Professional Women's Club. Mrs. Hargadine explained the purpose of the resolution and then thanked Council for the kind gesture. October 1, 1979 Page 3 Mrs. Dorothy Wheelehan, Library Board Member and liaison with the Friends of the Library was present and accepted the pro- clamation concerning "Alcoholism Awareness Month" from Mayor Taylor. Mrs. Wheelehan told of the activities that were scheduled during the month on the subject of alcoholism and then thanked Council for the proclamation. * * * * * * Mr. Bob Mcintyre, President of Old Town Liquors, 325 East Jefferson Avenue and his attorney, Harry Atwell, were pre- sent and requested a public hearing date be set on a change of location for Mr. Mcintyre's retail liquor store license. Mr. Atwell amended the application to state that the new location should be 1215 East Hampden Avenue rather than 3494 South Downing Street. COUNCILMAN MANN K>VED TO RECEIVE THE APPLICATION, SET THE PUBLIC HEARING DATE FOR NOVEMBER 5, 1979, AT 7:30 P.M. ES- TABLISH THE NEIGHBORHOOD PETITIONING AREA AS ONE MILE AND ACCEPT THE NEW ADDRESS THAT IS ON THE APPLICATION OF 1215 EAST HAMPDEN AVENUE. Councilman Smith seconded the motion. COUNCILMAN GISEBURT AMENDED THE MOTION TO CHANGE THE NEIGHBORHOOD PETITIONING AREA TO A TWO MILE RADIUS. Councilman Smith seconded the motion. Mr. Atwell objected to the amendment because a two mile radius from the proposed location included a substantial portion of the entire City of Englewood and was not really the neighbor- hood consisting of the citizens that were going to be affected. Mr. Atwell stated a one mile radius would be adequate. Councilman Smith stated a one mile radius was appro- priate because the boundaries of Englewood, as the liquor laws are written, were irrelevant since a liquor store could be located on the border of a city and ultimately effect people in adjacent neighborhoods. Upon a call of the roll, the vote on the amendment re- sulted as follows: Ayes: Nays: Absent: Council Member Giseburt. Council Members Smith, Harper, Clayton, Mann, Taylor. Council Member Williams. The Mayor declared the motion defeated. October l, 1979 Page 4 COUNCILMAN CLAYTON MOVED TO AMEND THE MOTION THAT THE AREA BE SET AS THE CITY LIMITS OF ENGLEWOOD THAT ARE BASICALLY ON EAST HAMPDEN, THE EASTERN LIMITS OF THE CITY THAT ARE BASICALLY I ON SOUTH UNIVERSITY, THE NORTHERN LIMITS OF THE CITY DOWN TO SOUTH BROADWAY AND SOUTH ON BROADWAY TO MANSFIELD STREET OVER TO CLARKSON STREET WHICH AT THAT POINT ARE THE EASTERN CITY LIMITS AND SOUTH ON CLARKSON AND THEN EAST JEFFERSON TO WHERE IT WOULD CONNECT AT THE BEGINNING POINT. Motion died for lack of a second. COUNCILMAN CLAYTON MOVED TO AMEND THE MOTION THAT THE ONE MILE RADIUS IN NO WAY WOULD EXCLUDE ANY AREA IN THE CITY LIMITS OF ENGLEWOOD THAT IS NORTH AND EAST OF THE INTERSECTION OF U. S. 285 AND DOWNING. Motion died for lack of a second. COUNCILMAN GISEBURT MOVED TO AMEND THE MOTION THAT THE BOUNDARIES BE SET AS THE BOUNDARY OF ENGLEWOOD ON THE EAST, THE BOUNDARY OF ENGLEWOOD ON THE NORTH, BROADWAY ON THE WEST AND U. S. 285 ON THE SOUTH. Councilman Clayton seconded the motion. Councilman Smith disagreed with the amendment. Mr. Smith stated the liquor code clearly states that Council has a responsi- bility to surrounding areas whether or not they are in the city limits. A liquor outlet of any kind placed on the City's border impacts neighborhooding co11111Unities and the Council has a responsi- bility to those comnunities. Upon a call of the roll, the vote on the amendment re- sulted as follows: Ayes: Nays: Absent: Council Members Giseburt, Clayton, Mann. Council Members Smith, Harper, Taylor. Council Member Williams. The Mayor declared the motion defeated. Upon a call of the roll, the vote on the original motion resulted as follows: Ayes: Nays: Absent: Council Members Giseburt, Smith, Harper, Clayton, Mann, Taylor. None. Council Member Williams. October 1, 1979 Page 5 The Mayor declared the motion carried. * * * * * * Mayor Taylor asked if there were any other visitors wish- ing to speak to Council on any matter. Richard Banta, attorney, 333 West Hampden Avenue, appear- ed before Council and asked at what point and time he could address the subject of the agreement on the Bi-City Treatment Plant and the allocation of sewer taps. Mayor Taylor stated the appropriate time would be later on in the meeting when the bill for an ordinance approving the agree- ment would be read. There were no other visitors wishing to address Council. * * * * * * COUNCILMAN CLAYTON MOVED TO OPEN THE PUBLIC HEARING ON THE PROPOSED USES OF REVENUE SHARING FUNDS FOR THE YEAR 1980. Coun- cilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Giseburt, Smith, Harper, Clayton, Mann, Taylor. None. Council Member Williams. The Mayor declared the motion carried. Assistant City Manager Curnes gave the presentation for the City. Mr. Curnes stated ~645,000 would be received in revenue sharing funds in 1980 and the City proposed that the funds be ex- pended for storm drainage (Central Basin). Mr. Curnes stated the purpose of the hearing was to receive input from the citizens as to how they would propose that the funds be expended. Mayor Taylor asked if anyone in the audience wished to address the matter of uses for revenue sharing funds. Maurice Jones, 5020 South Washington, appeared before Council. Mr. Jones stated he understood the increase in sales tax imposed a few years ago was designated to pay for improve- ments such as storm drainage. Mr. Jones asked why storm drain- age improvements have taken so long to complete and why were October 1, 1979 Page 6 revenue sharing funds be expended for the project. Mr. Jones stated there were other projects for revenue sharing funds. City Manager Mccown stated the increase in sales tax was passed primarily to pay for storm drainage improvements and also for public improvements. The Council over the past few years has determined its priorities and has done $8 -$9 million in improvements and the central basin is the last major project. Council has also completed several other projects and over the course of the last five years have completed approximately $15 million in public improvement projects. If the money had been restricted to only storm drainage, then other projects such as the Malley Center would not have been accomplished. William Anderson, 4981 South Washington, appeared before Council. Mr. Anderson asked questions concerning storm drainage services. City Manager Mccown answered Mr. Anderson's questions and clarified the confusion Mr. Anderson expressed on designated areas for water lines and storm drainage lines. Eddie Tanguma, 1020 West Tufts, appeared before Council. Mr. Tanguma suggested that the funds be used to construct a bike trail system. City Manager Mccown stated the funds could be used for that purpose. The Council had to take a look at the total public improvement fund budget and the revenue sharing funds which are a part of that budget. If Council decided to use the funds for some- thing else, money would have to be transferred from one project to another and then Council would have to find funds for the other project. Councilman Smith stated nature trails will be put in along the golf course when the second nine holes project is com- pleted. Councilman Smith stated the results of traffic study will provide a better perapective on where to place bike trails through- out the City. Councilman Smith then discussed the financing of the revenue sharing program and the need to continue the program. There were no other visitors wishing to address the mat- ter of revenue •haring funds. COUNCILMAR GISEBURT MOVED TO CLOSE THE PUBLIC HEARING. Councilman Harper aeconded the motion. Upon a call of the roll, the vote reaulted aa follows: Ayes: Council Members Giseburt, Smith, Harper, Clayton, Mann, Taylor. I October l, 1979 Page 7 Nays: Absent: The Mayor None. Council declared * * Member Williams. the motion carried. * * * * COUNCILMAN SMITH MOVED TO OPEN THE PUBLIC HEARING CON- CERNING THE 1980 PROPOSED BUDGET. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Giseburt, Smith, Harper, Clayton, Mann, Taylor. None. Council Member Williams. The Mayor declared the motion carried. Assistant City Manager Curnes gave the presentation for the City. Mr. Curnes stated the budget estimate for 1980 was $20,610,166. There was no proposed increase in taxes; but there were proposed increases in fees -25¢ per nine hole round increase in fees at the Englewood Municipal Golf Course; an increase in sewer rates raising the average bill by $2.43 per month; an increase in sewer tap fees from $600 to $800. Mr. Curnes then discussed the an- ticipated expenditures and revenues for 1980. Mayor Taylor asked if anyone in the audience wished to address the matter of the proposed 1980 budget. Eric Meyer, 4855 South Huron, appeared before Council. Mr. Meyer asked why the City proposed the sudden increase in sewer rates. City Manager McCown stated the deficit in the sewer fund had acc\DDUlated over a two year period; and this deficit must be recovered. Operating expenses have increased rapidly at the new sewer plant. Of the two revenues for the plant (tap fees and sewer rates), only sewer rates can be used to pay for the operation and maintainence expenses. Mr. Mccown stated the projected increase was based on a five year program and another increase was not likely until after five years. Myrtle Jones, 5020 South Washington, appeared before Council. Mrs. Jones discussed the budget process and why she felt Council should hear input from citizens prior to the com- pilation of the proposed budget. Mrs. Jones stated funds should October 1, 1979 Page 8 have been placed in the 1980 budget for Duncan Park and not de- layed until 1981 and 1982. Mrs. Jones proposed that the Duncan School building be closed and returned to the school district because the district has a larger budget. Mrs. Jones objected to funding money in the 1980 budget for a hoe which was requested by the Parks and Recreation Department. Mrs. Jones stated if the City can not afford bathroom facilities at Duncan Park, they should not be able to afford a hoe for the Parks and Recreation Department. William Anderson, 4981 South Washington, appeared before Council. Mr. Anderson stated improvements still need to be com- pleted at Belleview West Park. Mr. Anderson also posed questions concerning the operation of the Bi-City Plant. City Manager Mccown provided answers for Mr. Anderson. Howard Morarie, 3129 South Sherman, appeared before Council. Mr. Morarie asked what kind of contingencies were avail- able if projected r.evenues were not achieved. City Manager Mccown stated the City would retain a fund balance of $489,000 as a reserve in case revenues were not as ex- pected. Also, some of the expenditures were on a one time basis and would not be expended until the second quarter of 1980 at which time Council has had time to reflect on what happened the first quarter of 1980. James Keller, Executive Director of the Englewood Down- town Development Authority, appeared before Council. Mr. Keller noted a letter dated September 21, 1979, which was a request from the Authority for $135,000 to help in the first project of DDA to improve and acquire land for parking along South Broadway. Howard Brown, 3183 South Race, appeared before Council Mr. Brown wished more citizens would make their requests known before the budget process began. Mr. Brown recognized the budget process was a tremendous job in order to keep the City operating. Maurice Jones, 5020 South Washington, appeared before Council. Mr. Jones proposed methods by which the City could use prior to the budget process to acquaint more citizens with it. Councilman Giseburt suggested the citizen budget coDDtittee be reorganized. At the conclusion of the hearing and as part of the bud- get process, Assistant City Manager Curnes submitted a bill for an ordinance for Council's consideration fixing the tax levy for the year 1980 for bo.th the City and the Downtown Development Authority. October 1, 1979 Page 9 COUNCILMAN HARPER MOVED TO CLOSE THE PUBLIC HEARING. Coun- cilman Giseburt seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Giseburt, Smith, Harper, Clayton, Mann, Taylor. None. Council Member Williams. The Mayor declared the motion carried. * * * * * * Mayor Taylor declared a recess at 9:20 p.m. The Council reconvened at 9:35 p.m. Mayor Taylor asked for roll call. Upon a call of the roll, the vote resulted as follows: Council Members Giseburt, Smith, Harper, Clayton, Mann, Taylor. Absent: Council Member Williams. The Mayor declared a quor\Dll present. * * * * * * Mayor Taylor noted that the roll call was inadvertently omitted at the beginning of the meeting. COUNCILMAN CLAYTON MOVED THE MINUTES OF MEETING TONIGHT SHOW THAT THE ROLL WAS TAKEN AS THE FIRST OFFICIAL ACTION OF BUSI- NESS AND THAT THE ROLL BE ENTERED INTO THE MINUTES. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Giseburt, Smith, Harper, Clayton, Mann, Taylor. None. Council Member Williams. The Mayor declared the motion carried. * * * * * * "CoDlllUnications -No Action Reconmended" on the agenda were received: October 1, 1979 Page 10 (a) (c) (d) (e) (f) (g) Minutes of the Board of Adjustment and Ap- peals meeting of August 8, 1979. Minutes of the Board of Career Service Com- missioners meeting of August 9, 1979. Minutes of the Denver Regional Council of Governments meeting of August 15, 1979. Minutes of the Water and Sewer Board meeting of August 28, 1979. Minutes of the Planning and Zoning Conmission meeting of September 5, 1979. Minutes of the Downtown Development Authority meeting of September 12, 1979. Mintues of the Public Library Board meeting of September 11, 1979. Minutes of the Election CoDIDission meeting of September 20, 1979. * * * * * * Director of CoD1DUnity Development Wanush appeared before Council and requested that action on a recolllllendation from the Plan- ning and Zoning Colllllission meeting of September 5, 1979, concern- ing the vacation of Acoma/Bannock alley just north of West Jefferson Avenue be postponed. Director Wanush stated Mr. William Davis, one of the parties involved, has requested a postponement until he (Mr. Davis) returns to the City and has time to respond to the matter. COUNCILMAN SMITH MOVED TO POSTPONE ACTION ON THE RECOM- MENDATION UNTIL THE SECOND REGULAR COUNCIL MEETING IN NOVEMBER, 1979. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Giseburt, Smith, Harper, Clayton, Mann, Taylor. None. Council Member Williams. The Mayor declared the motion carried. * * * * * * October 1, 1979 Page 11 Director of Comnunity Development Wanush presented a re- coDIDendation from the Planning and Zoning CoDIDission meeting of September 18, 1979, concerning recoDIDended projects for the State Highway Work Program for 1980-81. COUNCILMAN SMITH MOVED TO APPROVE THE REQUESTS FOR IN- CLUSION IN STATE HIGHWAY DEPARTMENT WORK PROGRAM FOR FISCAL YEAR 1980 AND 81, THOSE ITEMS RECOMMENDED BY THE PLANNING AND ZONING COMMISSION. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Giseburt, Smith, Harper, Clayton, Mann, Taylor. None. Council Member Williams. The Mayor declared the motion carried. * * * * * * Director of CoDIDUnity Development Wanush presented the Findings of Facts from the Planning and Zoning Commission meet- ing of September 18, 1979, concerning 15 East Quincy Avenue •. Di- rector Wanush stated no action by Council was necessary unless the applicant appeals the case. COUNCILMAN CLAYTON MOVED TO RECEIVE THE REPORT LABELED AGENDA ITEM 6C -THE RESULTING OF 15 EAST QUINCY AVENUE. Council- man Giseburt seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Giseburt, Smith, Harper, Clayton, Mann, Taylor. None. Council Member Williams. The Mayor declared the motion carried. * * * * * * Director of Comnunity Development Wanush presented the reconnendation from the Planning and Zoning Commission meeting of April 24, 1979 concerning the 1979 Comprehensive Plan. Councilman Smith reconmended that another study session be set up with the Planning and Zoning Connnission in the next six to October l, 1979 Page 12 eight weeks to discuss the Comprehensive Plan after which the matter would be placed again on the agenda. * * * * * * City Manager Mccown requested that the next agenda item (the minutes of the Water and Sewer Board meeting of September 25, 1979) be withdrawn. Mr. McCown stated more research needed to be done before a report was made to Council. COUNCILMAN SMITH MOVED THAT THE MINUTES OF THE WATER AND SEWER BOARD MEETING OF SEPTEMBER 25, 1979, WITH RECOMMENDA- TIONS CONCERNING SUPPLEMENT 68, 69, 70, 71 SOUTHGATE SANITATION DISTRICT AND DENVER WATER BOARD WEATHER MODIFICATION BE WITH- DRAWN FROM THE AGENDA AND POSTPONED UNTIL THE NEXT REGULAR COUN- CIL MEETING. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Giseburt, Smith, Harper, Clayton, Mann, Taylor. None. Council Member Williams. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1979 * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 43 INTRODUCED BY COUNCILMAN CLAYTON AN ORDINANCE AMENDING SUBSECTION (a) OF SECTION 5, CHAPTER 4, TITLE XV, OF THE 1969 ENGLEWOOD MUNICIPAL CODE, AS AMENDED, BY REVISING THE SYSTEM OF CHARGES FOR SEWER TAPS BY CHARGING FOR SAID TAPS ON THE BASIS OF WATER METER SIZE; AND INCREASING THE I SEWER TAP FEE INSIDE AND OUTSIDE THE CITY; DELETING THE RATE SCHEDULE FOR SEWER MAIN EXTENSIONS FOR INDUSTRIAL AND COMMERCIAL PROPERTIES INSIDE THE CORPORATE LIMITS OF THE CITY OF ENGLEWOOD. COUNCILMAN CLAYTON MOVED TO PASS COUNCIL BILL NO. 43, SERIES OF 1979, ON FIRST READING. Councilman Giseburt seconded the motion. Upon a call of the roll, the vote resulted as fol- lows: October 1, 1979 Page 13 Ayes: Nays: Absent: Council Members Giseburt, Smith, Harper, Clayton, Mann, Taylor. None. Council Member Williams. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1979 * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 42 INTRODUCED BY COUNCILMAN CLAYTON AN ORDINANCE APPROVING AGREEMENT BETWEEN CITY OF LITTLETON AND CITY OF ENGLEWOOD RELATING TO THE Bl-CITY PLANT. COUNCILMAN CLAYTON MOVED TO PASS COUNCIL BILL NO. 42, SERIES OF 1979, ON FIRST READING. Councilman Giseburt seconded the motion. ·Richard Banta, 2108 East Dartmouth Circle, appeared be- fore Council. Mr. Banta stated he was present at the meeting for the purposes of representing two sanitation districts -Southgate Sanitation District and South Arapahoe Sanitation District. Mr. Banta stated the basis of his appearance was primarily to request the Council to defer action on the agreement or make some modifica- tions that would protect the districts that use the facilities of the plant. Mr. Banta provided background information concerning his request. Mayor Taylor asked how many people had houses under con- struction in various forms that would require sewer taps. Mayor Taylor stated there are only a certain amount of taps available. Bill Van Schooneveld, accountant for the districts, appeared before Council. Mr. Schooneveld stated actual informa- tion was currently being gathered and he should have the data in the next few days. A lengthly discussion ensued concerning an allocation program for the issuance of taps, a moratorium until a program can be instituted, the restrictions that have been placed on Englewood by the City of Littleton, the latest announcement by October l, 1979 Page 14 the federal government that federal funds were not available to start the next phase at the new plant, and the time frame required to reactivate the old sewer plant. Director of Utilities Fonda appeared before Council and provided answers as to why two years was a reasonable and realistic time frame to expect to get the old plant operating again. Robert Flynn, attorney, Continental National Bank Build- ing, appeared before Council. Mr. Flynn stated he was represent- ing the Cherry Ridge Water and Sanitation District and the Willows Water District on the subject matter. Mr. Flynn stated to stop issuing taps would be financially disastrous to the two districts. Mr. Flynn requested that Council postpone official action until an arrangement can be worked agreeable to the cities and the dis- tricts. Councilman Clayton urfed that the bill be passed on first reading and stated that in the nterim staff should research the matter for other possibilities which would protect all those con- cerned. Upon a call of the roll, the vote on Councilman Clayton's motion to pass the bill on first reading resulted as follows: Ayes: Nays: Absent: Council Members Giseburt, Smith, Harper, Clayton, Mann, Taylor. None. Council Member Williams. The Mayor declared the motion carried. * * * * * * ORDINANCE NO. SERIES OF 1979 BY AUTHORITY A BILL FOR COUNCIL BILL NO. 45 INTRODUCED BY AN ORDINANCE REPEALING AND REENACTING WITH AMENDMENTS CHAPTER 11, TITLE XI, OF THE 1969 ENGLEWOOD MUNICIPAL CODE PROVIDING GENER- ALLY FOR THE LICENSING AND CONTROL OF DOGS AND CATS AND OTHER DOMESTICATED OR FARM ANIMALS; GENERALLY PROVIDING FOR IMPOUND- October 1, 1979 Page 15 MENT, LICENSING, HOBBY BREEDERS OPERATION, VACCINATION, RECORDS, CRUELTY TO ANIMALS; AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF. COUNCILMAN SMITH MOVED TO POSTPONE COUNCIL BILL NO. 45 SERIES OF 1979 UNTIL THE REGULAR COUNCIL MEETING ON NOVEMBER 5, 1979. Councilman Giseburt seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Giseburt, Smith, Harper, Clayton, Mann, Taylor. None. Council Member Williams. The Mayor declared the motion carried. RESOLUTION NO. SERIES OF 1979 * * * * * * A RESOLUTION ORDERING A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 6, 1979, SUBMITTING TO THE QUALIFIED TAX-PAYING ELECTORS OF THE CITY THE QUESTION OF DETACHING A CERTAIN PARCEL OF REAL PROPERTY FROM THE CITY OF ENGLEWOOD, COLORADO. COUNCILMAN SMITH MOVED THAT THE RESOLUTION BE TABLED INDEFINITELY. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Aye: Nays: Absent: Council Members Giaeburt, Smith, Harper, Clayton, Mann, Taylor. None. Council Member Williams. The Mayor declared the motion carried. * * * * * * City Attorney Berardini presented the status of the case of Audrey Scott vs. City of Englewood, Election CoDlllission et. al. Mr. Berardini stated Judge Steinhardt would rule on the case on Tuesday, October 2, 1979 at 9:30 a.m. on whether or not the Com- mission properly heard the matter. Councilman Mann stated there was also the question of whether or not Mr. James was appointed properly as the City Clerk October 1, 1979 Page 16 which would affect his (Mr. James) capacity to hear the protest on the recall matter. Mr. Mann stated if the Judge ruled it was true that Mr. James was sitting improperly as the City Clerk; then reca~l petitions for both himself and Mr. Harper should be thrown out. Mr. Berardini stated he could not respond to Mr. Mann's statement until the Judge had made a ruling. Council discussed continuing the meeting to the fol- lowing day so that the City Attorney could make a report on Judge Steinhardt's ruling. * * * * * * City Manager Mccown presented a memorandum from the Director of Public Works to the City Manager concerning the 1979 Leaf Bag Program. Mr. Mccown stated leaf bags would be available from October 15, 1979 through December 9, 1979. ORDINANCE NO. SERIES OF 1979 * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 46 INTRODUCED BY COUNCILMAN HARPER AN ORDINANCE FIXING THE TAX LEVY IN MILLS UPON EACH DOLLAR OF THE ASSESSED VALUATION OF ALL TAXABLE PROPERTY WITHIN THE CITY OF ENGLEWOOD, COLORADO, FOR THE YEAR 1980 AND ESTABLISHING A MILL LEVY FOR THE ENGLEWOOD COLORADO DOWN- TOWN DEVELOPMENT AUTHORITY. COUNCILMAN HARPER MOVED TO PASS COUNCIL BILL NO. 46, SERIES OF 1979, ON FIRST READING. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Giseburt, Smith, Harper, Clayton, Mann, Taylor. None. Council Member Williams. The Mayor declared the motion carried. * * * * * * October 1, 1979 Page 17 Mayor Taylor announced the Mayor's Coffee would be held on Thursday, October 11, 1979, at 9:00 a.m. at the Elsie Malley Cen- ter and all candidates were invited to attend the meeting. * * * * * * COUNCILMAN SMITH MOVED TO COMMENCE WITH THE SURVEY OF CLARKSON STREET FOR ITS REPAVING AND FOLLOWING THE SURVEY A RE- PORT BE BROUGHT BACK TO CITY COUNCIL IN REGARDS OF THE RESULTS AS WELL AS A COPY OF THE PLAT. Councilman Giseburt seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Giseburt, Smith, Harper, Clayton, Mann, Taylor. None. Council Member Williams. The Mayor declared the motion carried. * * * * * * Councilmen Giseburt and Clayton reported on the request from the CHINS Home for financial assistance. Mr. Giseburt sug- gested that Council deny any financial help because the home was going to receive approximately $19,500 from surrounding counties; and since the home was a county program with little benefit towards Englewood, Council should not contribute any of the tax-payers' money. Mr. Clayton stated he would support a one-time contri- bution of $500 but not the agency's original request of $5,000. COUNCILMAN CLAYTON MOVED THAT THE CITY PUT $500 INTO THE CHINS HOME FUND FOR THE PURPOSE OF REHABILITATION OF THE BUILDING THAT WAS BURNED BY FIRE. Councilman Mann seconded the motion. COUNCILMAN SMITH MOVED TO AMEND THE MOTION AND RAISE THE AMOUNT TO $2,000. Councilman Mann seconded the motion. Councilman Smith stated the home was of benefit to the tax-payers since some of the clients come directly from the citi- zenry of Englewood. The Council should support the program on an emergency basis. Councilman Harper stated the Council would not be help- ing the organization by giving them money. It was a fine organi- zation and they should be better financed. Mr. Harper stated October l, 1979 Page 18 it was a state and county function to support the program and there was a vacant, state-owned building next door to the home which should have been used aa temporary facilities in the mean time. Mr. Harper stated if the state would not help them, Engle- wood was not by giving them money. Councilman Giaeburt stated the agency should be able to raise money by their own efforts through several service clubs, etc. Upon a call of the roll, the vote on Councilman Smith's amendment resulted aa follows: Ayes: Nays: Absent: Council Members Smith, Clayton, Mann. Council Members Giaeburt, Harper, Taylor. Council Member Williama. The Mayor declared the motion defeated. Upon a call of the roll, the vote on Councilman Clayton's motion resulted aa follows: Aye: Nays: Absent: Council Members Smith, Clayton, Mann. Council Members Giaeburt, Harper, Taylor. Council Member Williama. The Mayor declared the motion defeated. * * * * * * Mayor Taylor declared a recess until the following day at 7:30 p.m. Council recessed at 11:30 p.m. on October 1, 1979, and reconvened at 7:30 p.m. on October 2, 1979. Mayor Taylor stated the recess was declared for the purpose of reconvening to hear what the court had decided on the recall case of Vern Mann. Mayor Taylor asked for roll call. Upon a call of the roll, the following were present: Council Members Williama, Giseburt, Smith, Harper, Clayton, Mann, Taylor. Absent: None. The Mayor declared a quorum present. * * * * * * October l, 1979 Page 19 City Attorney Berardini requested that Assistant City Attorney DeWitt preaent the report. Aaaiatant City Attorney Rick DeWitt appeared before Council and diacuaaed the events of the case. Mr. DeWitt stated the court ruled that the atay and temporary restrain- ing order were for naught; that the decision of Bill James in finding sufficiency of petitions was proper; and that the court would not interfer with what it considered to be a political function. The court made reference to the fact that this was a matter that the voter• ahould decide. The Judge dismissed the complaint of Mra. Scott. Mr. DeWitt stated the order was made orally from the bench and was on record. Councilman Smith aaked whether or not the complaint interferred with the time frame for scheduling an election. Mr. DeWitt answered any delay• had been diverted. City Attorney Berardini submitted copies of the certi- ficate of aufficiency relatin' to the filing of petition of re- call of Councilman/Mayor Pro em Mann and also a resolution or- dering the recall election to be held on November 6, 1979. Councilman Mann requested that William Powers, the attorney who presented the caae for Audrey Scott, be allowed to address Council. COUNCILMAN SMITH MOVED TO SUSPEND THE RULES. Coun- cilman Giaeburt seconded the motion. Councilman Smith stated the purpose of the motion should be to allow Mr. Powers to preaent his interpretation of the decision and not to debate the case. Councilman Mann atated the order was made verbally and had been interpreted by the City Attorney's office, he wanted to hear the interpretation of Mr. Powers. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Williama, Giaeburt, Smith, Clayton, Mann, Taylor. Council Member Harper. The Mayor declared the motion carried. Mayor Taylor atated the Council waa foverned by the City Charter in which it waa stated if the nwnber o petition• present- ed are legal and there i• no other breech of the law of any type, the City Council haa no other recourae than to go by the wishes of the people. October 1, 1979 Page 20 William Powers, attorney, 2676 Weat Alamo, Littleton, appeared before Council. Mr. Powers informed the Council that there had been filed with the court a motion to amend the judge-I ment and for stay pending determination of the motion and was under advisement of the court. Mr. Powers discuaaed the subject of proper notice and stated if the court denied the motion, an- other petition would be filed with an appellate court seeking a stay of the proceedings. Mr. Powers presented his interpretation of the ruling stating that 1) there was no jurisdiction for the Election Com- mission to proceed on the protest because of the fact that it was not properly constituted; 2) that the court interpreted the ordinances that the Director of Finance was also the ex- off icio City Clerk; 3) that 31-4-503, C.R.S. 1973, as amended, applied to the caae which ia a state law. Mayor Taylor stated Council Dftlat take whatever legal steps are due by direction of the City's legal staff. Councilman Mann protested the matter on the basis of the Home Rule Charter, Article 14, Special Elections and read the referenced section into the record. Mr. Mann stated the mat- ter should be treated aa a special election. Councilman Mann stated he protested in the negative passing a resolution cal- ling a recall election against himself on November 6th. Mr. Mann stated he waa prepared to iaaue a Rule 106 against the Council if the resolution paaaes. City Attorney Berardini stated the court order was undis- putable, the atay had been diaaolved and the caae had been dismis-· sed. What pleadings Mr. Powers may choose to file was matter within the province of Mr. Powers, Mra. Scott or perhaps Mr. Mann. City Attorney Berardini advised Council that at this point and time it waa free to legally and properly consider a resolution establish- ing a recall election. Councilman Mann 1tated he va1 not debating Council's authority but he did not believe Council had heard the final de- cision from the court. Mr. Mann 1tat~~ there were some more legal questions that needed to be anavered. COUNCILMAN SMITH MOVED THAT TRI RULES BE RE-ESTABLSHED AND THE COUNCIL GET IAClt TO ITS llCULAI BUSINESS. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Member• Williama, Giseburt, Smith, Harper, Clayton, Taylor. I October 1, 1979 Page 21 Haya: Council Member Mann. The Mayor declared the motion carried. Councilman Mann apologized for the meeting getting out of hand. Mr. Mann atated he had worked with the members for years and was only aaking for hia juat due and day in court. Mr. Mann reiterated that the recall election should be treated as a special election according to the Charter. Mayor Taylor stated Council must act according to the legal staff's interpretation of the Charter even though the mem- bers may oppose it morally. At the request of Councilman Giseburt, the City Attorney explained Article 14 of the Charter as well as the recall procedure provision. Mr. Berardini also stated that there was no provision in the charter prohibiting a recall election from being held on a general election day. RESOLUTION NO. 39 SERIES OF 1979 A RESOLUTION ORDERING A MUNICIPAL RECALL ELECTION TO BE HELD TUES- DAY, NOVEMBER 6, 1979. COUNCILMAN WILLIAMS MOVED TO PASS RESOLUTION NO. 39, SERIES OF 1979. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Williams, Giseburt, Smith, Harper, Clayton, Taylor. Council Member Mann. The Mayor declared the motion carried. Mayor Taylor stated he was going to be out-of-town for two weeks and was not trying to dodge any issue as he was accused of doing back in March. Mayor Taylor adjourned the meeting at 8:25 p.m. without a vote.