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HomeMy WebLinkAbout1979-01-02 (Regular) Meeting MinutesREGULAR MEETING: COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO January 2, 1979 The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on January 2, 1979. The invocation was given by Reverend William Mantei, Centennial Lutheran Church. The Pledge of Allegiance was led by Boy Scout Troop 192. Mayor Pro Tern Mann asked for a roll call. Upon a call of the roll, the following were present: Council Members Williams, Weber, Smith, Harper, Clayton, Mann. Absent: Council Member Mayor Taylor. The Mayor Pro Tem declared a quorum present. * * * * * * Also present were: City Manager Mccown Assistant City Manager Curnes City Attorney Berardini Deputy City Clerk Johannisson * * * * * * COUNCILMAN SMITH MOVED TO APPROVE THE MINUTES OF THE REGULAR COUNCIL MEETING OF DECEMBER 18, 1978. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Harper, Clayton, Williams, Weber, Smith, Mann. None. Council Member Taylor. The Mayor Pro Tern declared the motion carried. * * * * * * Ma. Alice Fessenden, representing the Englewood Housing Authority, was present. She stated that the Housing Authority was preparing a HUD proposal for 100 units for the elderly and possibly some family units. She asked that Council pass the Council Bill No. 1 presented for Council's action tonight. January 2, 1979 Page 2 COUNCILMAN CLAYTON MOVED TO CONSIDER AGENDA ITEM 7D AT THIS TIME. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Harper, Clayton, Williams, Weber, Smith, Mann. None. Council Member Taylor. The Mayor Pro Tern declared the motion carried. BY AUTHORITY COUNCIL BILL NO. l, SERIES OF 1979 INTRODUCED BY COUNCILMAN HARPER A BILL FOR AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND ENGLEWOOD HOUSING AUTHORITY, PERTAINING TO LOW-RENT HOUSING IN THE DENVER METROPOLITAN AREA, WITHIN THE CITY OF ENGLE- WOOD. COUNCILMAN HARPER MOVED TO APPROVE COUNCIL BILL NO. 1, SERIES OF 1979 ON FIRST READING. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Harper, Clayton, Williams, Weber, Smith, Mann. None. Council Member Taylor. * * * * * * City Attorney Berardini explained the new Council Bill system he is introducing with 1979 ordinances. * * * * * * Robert Brundage, 4140 South Huron, was present. Mr. Brundage is a member of the Career Service Board. He read a statement relating to the pay raises granted to non-emergency personnel as they relate to pay raises granted to City Admini- stration officials. He urged Council to rescind the 71. increase granted to top level management and replace it with a 61. raise, the same granted to non-emergency personnel. January 2, 1979 Page 3 Councilman Smith stated that top level management per- sonnel do not receive an annual St merit increase as do all non- emergency personnel. In answer to Councilman Clayton's questions, Mr. Brundage said that no action is needed if pay increases granted to the two groups were equitable. * * * * * * Ethel Kelly, 3159 South University, was present. Mrs. Kelly is a member of the Colorado Union of Taxpayers. She com- mented on the Council proposal to raise councilmember salaries. She asked that Council hold their increase to 7t. She expressed a concern for the cost of finge benefits granted to city employees. Councilman Clayton co111nented on trips as a member of Council. To clarify an answer to Mrs. Kelly, City Manager Mccown stated that the 61 pay increase granted non-emergency employees included finge benefits. * * * * * * John Criswell, 3780 South Broadway, was present to dis- cuss the law suit involving the City of Englewood, Martin Marietta, and Alfred Atchison. · COUNCILMAN WEBER MOVED TO CONSIDER ITEM 7E OF THE AGENDA AT THIS TIME. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Harper, Clayton, Williams, Weber, Smith, Mann. None. Council Member Taylor. The Mayor Pro Tem declared the motion carried. Mr. Criswell explained briefly the background of the proceedings revolving around the litigation. He recommended that Council agree to pay Martin Marietta ~750,000 which would bring the suit to a conclusion out of court. Mr. Criswell stated that if the law suit brought by Martin Marietta proceeded to the courts, the City would have a 50-50 chance of winning. If the City won, they would owe nothing. If the City lost, they could be required to pay Martin Marietta in excess of $2,000,000. In his opinion this was a satisfactory compromise. January 2 , 1979 Page 4 RESOLUTION NO. l, SERIES OF 1979 AUTHORIZING AND DIRECTING THE DIRECTOR OF FINANCE OF THE CITY I OF ENGLEWOOD TO PAY TO MARTIN MARIETTA CORPORATION THE SUM OF SEVEN HUNDRED FIFTY THOUSAND DOLLARS ($750,000) IN FULL AND COM- PLETE SETTLEMENT OF PRESENTLY PENDING LITIGATION. COUNCILMAN WEBER MOVED TO APPROVE RESOLUTION NO. 1, SERIES OF 1979, WITH THE FOLLOWING ADDITION TO BE INSERTED AS THE SECOND PARAGRAPH: WHEREAS, IN PREVIOUS PROCEEDINGS IN THAT LITIGATION BEFORE THE COLORADO SUPREME COURTS, IT HAS BEEN DETER- MINED THAT BOTH THE CITY OF ENGLEWOOD AND THE MARTIN MARIETTA CORPORATION ARE, COLLECTIVELY, LIABLE TO ALFRED ATCHISON FOR ALL DAMAGES SUSTAINED BY HIM AS A RESULT OF THE CITY'S CONVEYANCE IN 1967 OF CERTAIN REALTY TO MARTIN MARIETTA CORPORATION; AND. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Harper, Clayton, Williams, Weber, Smith, Mann. None. Council Member Taylor. The Mayor Pro Tem declared the motion carried. * * * * * * "Comnunications -No Action Recomnended" were received without comnent: (a) Minutes of the meeting of Board of Adjust- ment and Appeals of November 8, 1978. (b) Minutes of the meeting of City of Englewood Planning and Zoning Comnission of November 14, 1978. (c) (d) Minutes of the meeting of the Englewood Public Library Board of December 12, 1978. Minutes of the council meeting of the Denver Regional Council of Governments of November 15, 1978. (e) Report from Marten D. Lathrop of the Planning and Zoning Commission, concerning meeting of the American Society of Planning Officials which he attended April 29 to May 5, 1978. * * * * * * January 2, 1979 Page 5 City Attorney Berardini stated that he has not com- pleted the report requested by Councilman Smith relating to the Cinderella City Parking Agreement. COUNCILMAN SMITH MOVED TO POSTPONE AGENDA ITEM 6A, A REPORT FROM CITY ATTORNEY BERARDINI RELATING TO THE CINDERELLA CITY PARKING AGREEMENT, TO JANUARY 15, 1979. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Harper, Clayton, Williams, Weber, Smith, Mann. None. Council Member Taylor. The Mayor Pro Tern declared the motion carried. * * * * * * COUNCILMAN WEBER MOVED TO RENEW THE 3.2 BEER LICENSES FOR SOUTHLAND CORPORATION DOING BUSINESS AS 7-11 STORES, 4400 SOUTH BROADWAY; KING SOOPERS, 5050 SOUTH FEDERAL; AND SHOP-N-GO MARKET, 2901 SOUTH BROADWAY. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Harper, Clayton, Williams, Weber, Smith, Mann. None. Council Member Taylor. The Mayor Pro Tern declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN MANN BY AUTHORITY ORDINANCE NO. , SERIES OF 1978 AN ORDINANCE AMENDING CHAPTERS 3, 4, 6, 7, AND 8, TITLE V, OF THE 1969 ENGLEWOOD MUNICIPAL CODE, AS AMENDED, RELATING TO PROBATIONARY APPOINTMENTS, SICK LEAVE, MATERNITY LEAVE, OFFICIAL HOLIDAYS, SALARY INCREASES, TUITION REFUNDS, HOURS OF WORK, OVERTIME WORK, LIFE AND HEALTH INSURANCE BENEFITS, FOR GENERAL CAREER SERVICE EMPLOYEES OF THE CITY OF ENGLEWOOD, COLORADO. January 2, 1979 Page 6 COUNCILMAN WEBER MOVED TO TABLE INDEFINITELY AGENDA ITEM 7A, AN ORDINANCE AMENDING CHAPTERS OF TITLE V OF THE 1969 ENGLEWOOD KJNICIPAL CODE, AND DIRECT THE CITY ATTORNEY TO MAKE I THE NECESSARY AMENDMENTS TO TITLE V AND TO PREPARE AN ORDINANCE FOR THE JANUARY 15, 1979 MEETING APPROVING THE CONTRACT WITH THE CITY EMPLOYEES AND THE ORDINANCE SHOULD STATE THAT THE CON- TRACT IS EFFECTIVE AS OF JANUARY l, 1979. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Harper, Clayton, Williams, Weber, Smith, Mann. None. Council Member Taylor. The Mayor Pro Tern declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMEN MANN AND WILLIAMS BY AUTHORITY ORDINANCE NO. l, SERIES OF 1979 AN ORDINANCE AMENDING SECTION 41, CHAPTER 4, TITLE I, OF ARTICLE IV, ENTITLED "COUNCIL SALARIES" BY INCREASING SAID SALARIES FOR FUTURE MEMBERS OF THE ENGLEWOOD CITY COUNCIL, TO BECOME EFFECTIVE DURING SAID COUNCIL TERM COMMENCING AT 7:30 P.M. ON THE FIRST MONDAY AFTER JANUARY l, 1980. COUNCILMAN WILLIAMS MOVED TO APPROVE ORDINANCE NO. 1, SERIES OF 1979. Councilman Smith seconded the motion. Councilman Smith stated that lack of adequate pay for councilmembers eliminates possible candidates because they can't afford the job. The Council job requires a great deal of time away from one's job. For many who may be paid on an hourly basis, lack of Council pay is a disincentive. Mr. Smith said that he had contacted 96 of his constituents, and only two were not in I favor of this ordinance. Mr. Smith further pointed out that Council's recent mill levy reduction would pay for the Council pay raises for seven years. Councilman Weber urged defeat of the ordinance. Coun- cil participation is comnunity service and a citizen obligation. Currently, the $2,400 made by Councilmembers should more than cover lost job time. In response to Councilman Smith's statement relating to the pay of Denver Councilmembers, Mr. Weber stated January 2, 1979 Page 7 that the comparison is not valid because Denver Councilmembers do more and have more responsibilities than Englewood Council- members. Councilman Williams stated that all Councilmembers are not making $200 per month. Councilman Harper stated that he would vote against the ordinance but would be willing to consider a 71. increase. The City has an obligation to stay within the Presidential guide- lines. Councilman Clayton stdted that Councilmember pay is behind many seven percents not received in previous years. This pay increase will make Council membership available to many who would otherwise not be able to participate. Upon a call of the roll, the vote resulted as Ayes: Council Members Clayton, Williams, Mann. Nays: Council Members Weber, Harper. Absent: Council Member Taylor. The Mayor Pro Tem declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN CLAYTON BY AUTHORITY ORDINANCE NO. 2, SERIES OF 1979 follows: Smith, AN ORDINANCE APPROVING A CONTRACT BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND THE COUNTY OF ARAPAHOE, CITIES OF LITTLETON, SHERIDAN AND CHERRY HILLS VILLAGE, COLORADO, RELATING TO THE USE OF THE ANIMAL SHELTER FACILITIES WITHIN THE CITY OF ENGLEWOOD, COLORADO. COUNCILMAN CLAYTON MOVED TO APPROVE ORDINANCE NO. 2, SERIES OF 1979. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Harper, Clayton, Williams, Weber, Smith, Mann. None. Council Member Taylor. January 2, 1979 Page 8 The Mayor Pro Tern declared the motion carried. * * * * * * City Attorney Berardini presented an update of activi- ties of the City Attorney's office. Councilmembers indicated they had not received the file to which Mr. Berardini was refer- ring. Mr. Berardini stated that he would insure future files were forwarded to the Council. * * * * * * City Manager Mccown stated that he had received a re- quest from the Animal Control Co111Dittee for a recording secretary. Mr. Mccown requested direction from City Council. COUNCILMAN CLAYTON MOVED TO DIRECT THE CITY STAFF TO PROVIDE A RECORDING SECRETARY FOR THE ANIMAL CONTROL COMMITTEE. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Harper, Clayton, Williams, Weber, Smith, Mann. None. Council Member Taylor. The Mayor Pro Tem declared the motion carried. * * * * * * COUNCILMAN WILLIAMS MOVED TO ADJOURN. Mayor Pro Tem Mann adjourned the meeting without a vote at 8:58 p.m.