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HomeMy WebLinkAbout1979-03-12 (Special) Meeting MinutesI SPECIAL MEETING: COUNCIL CHAMBERS CITY OF ENGLEWOD, COLORADO March 12, 1979 The City Council of the City of Englewood, Arapahoe County, Colorado, met in special aeaaion on March 12, 1979 at 7:30 p.m. The invocation waa given by Reverend Jim Wright, Enflewood Wesleyan Church, 4609 South Fox. The Pledge of Al egiance waa led by Mayor Taylor. Mayor Taylor asked for roll call. Upon a call of the roll, the following were present: Council Member Williama, Weber, Smith, Harper, Clayton, Mann, Taylor. Absent: None. The Mayor declared a quorum present. * * * * * * Also present were: City Manager Mccown Aaaiatant City Manager Curnes City Attorney Berardini Director of Finance/ex officio City Clerk-Treasurer James Deputy City Clerk Watkins * * * * * * COUNCILMAN SMITH !l>VED TO APPROVE THE MINUTES OF THE MEETING OF FEBRUARY 20, 1979 AS SUBMITTED. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayea: Council Members Smith, Harper, Clayton, Williams, Weber, Taylor. Naya: None. Abstain: Council Member Mann. The Mayor declared the motion carried. March 12, 1979 Page 2 Pre-scheduled viaitor, Jim Sprinkle, Business Manager for All Soula Church, 4905 South Logan, appeared before Council and requested a apecial events beer/wine I liquor license for April 21, 1979. Mr. Sprinkle stated the Church plans to hold a dance on that evening. COUNCILMAN WILLIAMS t«>VED TO SET THE PUBLIC HEARING TO CONSIDER THE SPECIAL EVENTS LIQUOR LICENSE REQUEST ON APRIL 2, 1979 AT 7:30 P.M. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Smith, Harper, Clayton, Mann, Williama, Weber, Taylor. None. The Mayor declared the motion carried. * * * * * * Pre-scheduled visitor, Byron Sutton, 2500 West Hampden Avenue 1104, appeared before Council and discussed the problem of golf balls hitting hie property and causing damage. Mr. Sutton stated he has received a letter from the City Attorney stating the insurance company denied his claim filed with the City several months ago. Mr. Sutton atated the City's insurance company denied the claim because they felt the liability was the golfer's not the City's. Mr. Sutton stated the matter was presently in small claims court. Mr. Sutton stated he felt the problem posed potential danger to other area residents and requested that Council reconsider the problem and arrive at some possible alternative before someone got hurt. Mayor Taylor replied trees were planted along the fairway to act ae a screen; however, they were not tall enough yet to deflect properly any golf balls hit toward them. Mayor Taylor stated that Council would discuss the matter again and consider putting up a screen until the trees are taller. * * * * * * Pre-scheduled viaitor, Mrs. Walter W. Kelly, 3159 South I University, appeared before Council and requested that two questions be placed on the ballot for the November election 1) whether or not to raise Councilmen'• salaries; and 2) placing a 7~ spending limitation on the City. Mayor Taylor stated Council would consider Mrs. Kelly's suggestions. * * * * * * March 12, 1979 Page 3 Pre-acheduled viaitor, William Pollard, 3655 South Delaware Street, appeared before Council and presented a peti- tion requesting street lighting in the Villa Parada area located at 3655 South Delaware Street. Mr. Pollard attributed the lack of street lights to the cause of vandalism and theft in the area. Mr. Pollard stated the Englewood Police Department has been very cooperative in patrolling the neighborhood and com- plimented the department for their efforts. Mr. Pollard stated the petitioners felt street lights would help policemen better patrol the area, and deter potential vandals and thieves. Mayor Taylor stated Council would study the petition- er's request. * * * * * * Since this was a special meeting, no visitors other than those pre-scheduled were heard. * * * * * * "Conmunicationa -No Action Reconmended" on the agenda were received: (a) (b) (c) (d) (e) (f) (g) (h) (i) Minutes of the Board of Adjustment and Appeals meeting of January 17, 1979. Minutes of the Denver Regional Council Of Governments meeting January 17, 1979. Minutes of the Board of Career Service CoDIDiaaionera meeting January 18, 1979. Minutes of the Englewood Housin' Authority business meeting January 19, 19 9. Minutes of the Englewood Housinf Authority regular meeting of January 23, 979 Minutes of the Englewood Planning and Zoning Conmiasion meeting of February 6, 1979 Minutes of the Englewood Planninf and Zoning CoDIDiaaion meeting of February 2 , 1979. Minutes of the Animal Control Co11111ittee meet- ing of February 12, 1979. Minutes of the Animal Control Conmittee meet- ing of February 26, 1979. * * * * * * March 12, 1979 Page 4 City Manager Mccown presented the minutes of the Parks and Recreation Comnission meeting of February 8, 1979 with a recomnendation concerning the Organization and Pro- cedures for the Senior Citizens Advisory Comnittee. COUNCILMAN HARPER MOVED TO DIRECT THE CITY ATTORNEY TO PREPARE AND ORDINANCE ALLOWING THE PARKS AND RECREATION COM- MISSION TO APPOINT A SENIOR CITIZENS ADVISORY COMMITTEE AND THAT THE COMMITl'EE BE REVIEWED EVERY THREE YEARS. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Smith, Harper, Williams, Weber, Taylor. Council Members Clayton, Mann. The Mayor declared the motion carried. Councilman Mann stated the objected to the three-year review and pref erred that the Senior Citizens Advisory Counnittee be review annually. * * * * * * Administrative Aaaiatant Brown appeared before Council and presented the minutes of the Water and Sewer Board meeting of February 21, 1979 with a recomnendation that Council approve Supplement 65 to the Southgate Sanitation District. Mr. Brown stated Supplement 65 ia a request from the District for the in- clusion of five acre• for two comnercial taps located on Yosemite south of Caley Avenue. COUNCii.MAR WILLIAMS K>VED TO APPROVE SUPPLEMENT 65 TO THE SOUTHGATE SANITATION DISTRICT. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Smith, Harper, Clayton, Mann, Williams, Weber, Taylor. Nays: None. The Mayor declared the motion carried. * * * * * * I March 12, 1979 Page 5 City Manager Mccown presented a memorandum from the Director of Finance concerning a Conaunication Contract for fire call dispatching with the City of Sheridan. Mr. Mccown stated Seridan is dispatching its own police calla but needs dispatch- ing services for fire calla. Hr. Mccown stated the fee for this service is $2,400 and the contract would be reviewed annually. Mr. Mccown recomnended approval to proceed with the contract. COUNCILMAN CLAYTON K>VED TO DIRECT THE CITY ATTORNEY TO PREPARE THE NECESSARY ORDINANCES AND ANY OTHER DOCUMENTS TO EFFECT THE AGREEMENT WITH THE CITY OF SHERIDAN FOR FIRE CALL SERVICES. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Smith, Harper, Clayton, Hann. Council Members Williams, Weber, Taylor. The Mayor declared the motion carried. ORDINANCE NO. 12 SERIES OF 1979 * * * * * * BY AUTHORITY COUNCIL BILL NO. 10 INTRODUCED BY COUNCILMAN HARPER AN ORDINANCE ANNEXING .910 ACRES, MORE OR LESS, AS HEREINAFTER MORE PARTICULARLY DESCRIBED, INTO THE CITY OF ENGLEWOOD, COLORADO. COUNCILMAN HARPER l«>VED TO PASS COUNCIL BILL NO. 10 ON FINAL READING. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Smith, Harper, Clayton, Hann, Williama, Weber, Taylor. None. The Mayor declared the motion carried. * * * * * * March 12, 1979 Page 6 ORDINANCE NO. 13 SERIES OF 1979 BY AUTHORITY COUNCIL BILL NO. 11 INTRODUCED BY COUNCILMAN HARPER AN ORDINANCE AMENDING TITLE OF THE '69 ENGLEWOOD MUNICIPAL CODE RELATING THE MATERRITY LEAVES AND LEAVES OF ABSENCE. COUNCILMAN HARPER K>VED TO PASS COUNCIL BILL NO. 11 ON FINAL READING. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Smith, Harper, Clayton, Mann, Williama, Weber, Taylor. None. The Mayor declared the motion carried. * * * * * * Councilman Smith prefaced the following motion by stating it waa baaed upon diacuaaion in the study session and the remarks made by the City Attorney regarding the le- gality of introducing bill• for ordinances that do not con- tain emergency clauses at meetings other than regular ones. COUNCILMAN SMITH K>VED TO POSTPONE THE FOLLOWING BILLS FOR ORDINANCES UNTIL THE NEXT REGULAR COUNCIL MEETING SINCE THEY DO NOT CONTAIN EMERGENCY CLAUSES: 7(C) BILL AMENDING THE OFFICIAL CITY CODE AUTHORIZING DRAINLAYERS TO PERFORM IN- STALLATION AND OTHER REPAIR WORK ON WATER SERVICE LINES. 7(0) BILL AMENDING THE OFFICIAL CITY CODE RE- LATING TO DELINQUENT SEWER CHARGES; 7(F) BILL IMPOSING A MINUMUM FEE FOR THE ADOPTION OF ANIMALS FROM THE CITY ANIMAL SHELTER AND REQUIRING THE MANDATORY NEUTERING AND CURRENT RABIES VACCINATIOR ON ALL SUCH ANIMALS ADOPTED FROM SAID SHELTEI; March 12, 1979 Page 7 7(G) BILL IMPOSING THE RESPONSIBILITY FOR MAIN- TENANCE AND REPAIR OF WATER SERVICE PIPES WITHIN THE PUBLIC RIGHT-OF-WAY IN THE CITY OF ENGLEWOOD. UPON THE WATER DIVISION OF THE CITY, THE EFFECTIVE DATE THEREOF TO BE JANUARY l, 1979. Councilman Clayton seconded the motion. Mayor Taylor queried the City Attorney for his legal opinion on whether or not bills could be introduced at a special Council meeting. City Attorney Berardini stated he interpreted the City Charter to indicate that bills should be introduced at regular Council meetings; but that emergency bills could be introduced at any meeting of Council. Mr. Berardini stated he was not declaring that bills cannot be introduced. Attorney Berardini stated he was only reco11111ending the bills be intro- duced at regular Council meetings because this is what he con- cluded the City Charter to infer. Councilman Smith stated if bills are introduced at a special meeting of which the public is not aware, it would be depriving them from hearing the bills and voicing their opinion on them. Council discuaaed at lenght the conditions which de- termine a special or a regular meeting. Upon a call of the role, the vote resulted as follows: Ayes: Nays: Council Members Smith, Clayton, Mann, Williama, Taylor. Council Members Weber, Harper. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1979 * * * * * * BY AUTHORITY COUNCIL BILL NO. 14 INTRODUCED BY COUNCILMAN SMITH March 12, 1979 Page 8 A BILL FOR AN ORDINANCE AMENDING CHAPTER 3, TITLE XV, OF THE '69 ENGLE\«)()D KJNICIPAL CODE, PROHIBITING THE USE OF WELDING MACHINES TO THAW FORZEN WATER SERVICE PIPES. COUNCILMAN SMITH K>VED TO PASS COUNCIL BILL NO. 14 ON THE FIRST READING. Councilman Clayton seconded the motion. City Manager Mccown stated the staff has serious concerns about the use of welding equipment for the thawing of water lines. Mr. Mccown stated the Fire Department has reported at least five residential fires have been started as a result of using the equipment. Also, that such use could cause probable damage to electrical wiring not only in the home but also in neighboring homes. Mr. Mccown stated the staff is also conerned about outlawing the use of weld- ing equipment completely because it is practically the only thing other than the "hotsie" machine the home owner can use to thaw frozen pipes. City Manafer Mccown stated staff is working on a report that would p ace strict controls on the use of this equipment instead of outlawing it completely. Councilman Harper stated he preferred to wait until staff proposed some alternatives to the use of welding equipment before passing the bill. COUNCILMAN SMITH K>VED TO POSTPONE COUNCIL BILL NO. 14 UNTIL THE REGULAR COUNCIL MEETING ON APRIL 2, 1979. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Smith, Harper, Clayton, Mann, Williams, Weber, Taylor. None. The Mayor declared the motion carried. * * * * * * RESOLUTION NO. 10 SERIES OF 1979 A RESOLUTION TO SUBMIT TO A VOTE OF THE QUALIFIED ELECTORS OF THE CITY OF ENGLE\«)()D A PROPOSAL TO AMEND SECTIONS 22, 23, 54, March 12, 1979 Page 9 56,59 AND 61 TO PROVIDE RESPECTIVELY THE FOLLOWING; LIMIT COUNCIL TERMS TO TWO SUCCESSIVE FOUR-YEAR TERMS; TO LIMIT BOARDS AND COMMISSIONS MEMBERS TO TWO CONSECUTIVE TERMS IN OFFICE, TO REDUCE THE AGE AND RESIDENCY REQUIREMENT OF COUNCILMEN; TO REDUCE THE AGE AND RESIDENCY REQUIREMENTS FOR THE MEMBERS OF BOARDS AND COMMISSIONS; TO REK>VE COUNCIL MEMBERS FROM BOARDS AND COMMISSIONS. COUNCILMAN WEBER K>VED TO PASS RESOLUTION NO. 10 SERIES OF 1979. Councilman Harper seconded the motion. COUNCILMAN SMITH K>VED TO DIVIDE THE QUESTION. Council- man Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Smith, Harper, Mann, Taylor. Council Members Williams, Weber, Clayton. The Mayor declared the motion carried. COUNCILMAN SMITH K>VED THAT SECTION 22 BE APPROVED AND THAT THE ADDITION TO SECTION 22 BE DELETED. Councilman Clayton seconded the motion. Councilman Smith stated the addition in Section 22 limiting councilmembers to two consecutive terms is prohibitive for people qualified and able to serve on Council. Also Mr. Smith doubted if this question would receive the proper amount of coverage in a general election or public debate. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Smith, Clayton, Mann, Williama. Nays: Council Members Weber, Harper, Taylor. The Mayor declared the motion carried. Councilman Smith noted the word "EIGHTEEN" in Section 23 should be changed to ''TWENTY-ONE". COUNCILMAN SMITH K>VED TO APPROVE SECTION 23 TO BE SUBMITl'ED. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: March 12, 1979 Page 10 Ayes: Nays: Council Members Smith, Harper, Clayton, Mann, Williama, Weber, Taylor. None. The Mayor declared the motion carried. COUNCILMAN SMITH t«>VED TO DELETE FROM SECTION 54 EVERYTHING IN CAPITAL LETTERS REFERRING TO "ALL MEMBERS OF SAID BOARDS SHALL BE ELIGIBLE FOR REAPPOINTMENT FOR ONE SUCCESSIVE TERM OF FOUR (4) YEARS". Councilman Mann seconded the motion. Councilman Clayton stated he had no objection to a council member not being assigned to the Library Board. Mr. Clayton stated he felt that members should not be limited to only two terma if they are qualified to serve. lows: Upon a call of the roll, the vote resulted as fol- Ayes: Nays: Council Members Clayton, Mann, Williams, Smith. Council Members Weber, Harper, Taylor. The Mayor declared the motion carried. COUNCILMAN SMITH K>VED TO APPROVE SECTION 54 AS AMENDED. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Smith, Harper, Clayton, Mann, Williama, Weber, Taylor. None. The Mayor declared the motion carried. COUNCILMAN SMITH t«>VED TO APPROVE SECTION 56 WITH THE I EXCEPTION OF "ALL MEMBERS SHALL BE ELIGIBLE FOR REAPPOINTMENT FOR ONE SUCCESSIVE TERM OF FOUR (4) YEARS". Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Smith, Clayton, Mann, Williama. I March 12, 1979 Page 11 Nays: Council Members Weber, Harper, Taylor. The Mayor declared the motion carried. COUNCILMAN SMITH K>VED TO APPROVE SECTION 59 WITH THE EXCEPTION OF "ALL MEMBERS SHALL BE ELIGIBLE FOR REAPPOINTMENT FOR ONE SUCCESSIVE TERM OF FOUR (4) YEARS". Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Smith, Clayton, Mann, Willia•. Council Members Weber, Harper, Taylor. The Mayor declared the motion carried. COUNCii.MAM SMITH K>VED TO APPROVE SECTION 61 WITH THE EXCEPTION OF "AU. MEMBERS SHALL BE ELIGIBLE FOR REAPPOINTMENT FOR ONE SUCCESSIVE TERM OF SIX (6) YEARS". Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as followa: Ayes: Nays: \;Ounc11 Members ~mith, Clayton, Mann, Williama. Council Members Weber, Harper, Taylor. The Mayor declared the motion carried. COUNCILMAN SMITH l«>VED TO CHANGE THE TITLE OF THE RESOLUTION BY DELETING THE WORDS "LIMIT COUNCIL TERMS TO TWO SUCCESSIVE FOUR-YEAR TERMS; TO LIMIT BOARDS AND COMMISSIONS MEMBERS TO TWO CONSECUTIVE TERMS IN OFFICE. Councilman Mann seconded the motion. Upon a call of the roll, the vote re- sulted aa follows: Ayea: Council Members Smith, Harper, Clayton, Mann, Williama, Taylor. Nays: Council Member Weber. The Mayor declared the motion carried. * * * * * * March 12, 1979 Page 12 RESOLUTION NO. 11, SERIES OF 1979 A RESOLUTION RELATING TO THE NEED AND FEASIBILITY OF A COMMUNITY BUILDING FOR THE CITY OF ENGLEWOOD. COUNCILMAN WILLIAMS K>VED TO PASS RESOLUTION NO. 11 SERIES OF 1979. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Smith, Harper, Clayton, Mann, Williams, Weber, Taylor. None. The Mayor declared the motion carried. * * * * * * City Manager McCown presented a memorandum from the Assistant City Manager to the Mayor and Members of Council concerning a recomnendation from the Election Comnission establishing election district boundaries for the November election. Mr. Mccown stated the City Charter requires that proper election boundaries be provided for the election. Mr. Mccown requested Director of Finance James who serves on the Election Comniasion to appear before Council and discuss the recommendation. Director James appeared before Council. Mr. James stated the Election Comnission has reviewed four plans for changing Council districts. Mr. James stated the Charter re- quires that a variance of registered voters between districts not exceed 15i. The current districts have a variance of 25.55%. Mr. James stated the Election Comniasion recomnends that Plan A be adopted for the following reasons: 1) it has the lowest variance in registered electors -6.77t; and 2) it caused the least change from current district boundaries. COUNCILMAN HARPER tl>VED TO DIRECT THE CITY ATTORNEY TO PREPARE AN ORDINANCE INCORPORATING THE PLANS RECOMMENDED IN PLAN A BY THE ELECTION COIMISSION. Councilman Mann seconded the motion. Upon a call of the role, the vote reaulted as follows: Ayes: Nays: Council Mellbera Smith, Harper, Clayton, Mann, Williama, Weber, Taylor. None. The Mayor declared the motion carried. March 12, 1979 Page 13 Assistant City Manager Curnes appeared before Council and presented a resolution appropriating Title II Funds. Mr. Curnes stated this i• the last year funds can be received from the federal government. RESOLUTION NO. 12 SERIES OF 1979 A RESOLUTION AMENDING THE 1979 GENERAL FUND BUDGET. COUNCILMAN SMITH K>VED TO PASS RESOLUTION NO. 12, SERIES OF 1979. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Smith, Harper, Clayton, Mann, Williams, Weber, Taylor. None. The Mayor declared the motion carried. * * * * * * COUNCILMAN WILLIAMS K>VED TO ADJOURN. Mayor Taylor adjourned the meeting without a vote a 9:10 p.m.