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HomeMy WebLinkAbout1978-12-05 (Special) Meeting MinutesSPECIAL MEETING: COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO December 5, 1978 The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on December 5, 1978 at 7 :30 p.m. The invocation was given by Mr. Joe H. Booth, Sr., Church of Christ, 4690 South Logan. The Pledge of Allegiance was led by Mayor Taylor. Mayor Taylor asked for roll call. Upon a call of the roll , the following were present: Council Members Williams, Smith, Harper, Clayton, Taylor. Absent: Council Members Weber, Mann. The Mayor declared a quorum present. * * * * * * Also present were: City Manager Mccown Assistant City Manager Curnes City Attorney Berardini Director of Connnunity Development Wanush Police Captain Ron Frazier Director of Finance/City Clerk James * * * * * * COUNCILMAN SMITH MOVED TO APPROVE THE MINUTES OF THE REGULAR COUNCIL MEETING OF NOVEMBER 20, 1978. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Smith, Harper, Clayton, Williams, Taylor. None. Council Members Weber, Mann. The Mayor declared the motion carried. * * * * * * December 5 , 1978 Page 2 RESOLUTION NO. 62, SERIES OF 1978 A RESOLUTION OF THE COUNCIL OF THE CITY OF ENGLEWOOD ACKNOWLEDG-I ING THE COMMUNITY CONTRIBUTIONS AND AWARDING AN HONORARY LIFETIME GOLF MEMBERSHIP AT THE ENGLEWOOD KJNICIPAL GOLF COURSE TO PAUL T. BLESSING. COUNCILMAN CLAYTON K>VED TO PASS RESOLUTION NO. 62, SERIES OF 1978. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Smith, Harper, Clayton, Williama, Taylor. None. Council Members Weber, Mann. The Mayor declared the motion carried. Pre-scheduled viaitor Paul T. Blessing was present to receive the award presented to him by Mayor Taylor. Mr. Blessing thanked the Council for the award. * * * * * * Pre-scheduled viaitor John F. Hannon, 5735 S. Delaware, was present and diacuaaed the annual renewal of a retail liquor store license for hie buainess, Supreme Liquors, 5113 South Broadway; and the alleged liquor violation as reported by the Police Department. Captain Ron Frazier of the Englewood Police Department was also present to discuas the matter. Mr. Hannon stated the citation is the second violation in 23 years and the incident occurred when the store happened to be very busy at the time. Mr. Hannon stated they have appeared in District Court and the judge has dismissed the charges. Captain Frazier stated the judge did dismiss the case against the employee and Supreme Liquors after a three month defer- ment. COUNCILMAN HARPER MOVED TO GRANT THE ANNUAL RENEWAL OF SUPREME LIQUORS, 5112 SOUTH BROADWAY. Councilman Williams seconded the motion. Councilman Smith stated Council is concerned about such violations where liquor is sold to minors; and it is important that these types of violations be clarified and explained to Council even though they happen infrequently. December 5, 1978 Page 3 Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Smith, Harper, Clayton, Williama, Taylor. None. Council Members Weber, Mann. The Mayor declared the motion carried. * * * * * * "CoD111Unicationa -No Action Recomnended" on the agenda were received: (a) (b) (c) (d) Minutes of Board of Career Service Commis- sioners' meeting of October 19, 1978. Minutes of Library Board meeting of November 14, 1978. Memorandum from W. J. Brookshire, Director of Wastewater Treatment with the following attachment: (1) Wastewater Treatment Plant Monthly Report October, 1978. A report from William D. James, Director of Finance concerning the M.F.O.A. Conference held in Houston, Texas on May 15 -18. * * * * * * City Manager Mccown presented a request for an annual renewal of tavern liquor license for Belleview Bowl-0-Mat Lounge, 4900 South Federal. City Manager Mccown stated Captain Ron Frazier was present to answer any questions concerning the liquor license renewal. Captain Ron Frazier appeared before Council and since Council did not have any questions concerning the abovementioned liquor license, Council gave Captain Frazier permission to give an update report on the investigation into the violation at the Seven-Eleven, 1211 I. Hampden Avenue. Captain Frazier briefly discussed the background of the incident. He stated the officers did not respond to the incident in accordance with the Police Department's policy; and this policy is being reiterated to all officers. Captain Frazier stated in reviewing the matter, he contacted Deputy District Attorney Bill Moody who stated because December 5, 1978 Page 4 of the time lapse, the direct testimony of the youths who pur- chased the beer and identified the clerk as having been the one who sold them the beer would be questionable; and the testimony I would be challenged by any defense. It was the opinion of the district attorney's staff that no prosecution would be accepted in this case. Captain Frazier stated a report has been prepared regarding the investigation and copies will be furnished to Council in the near future. COUNCILMAN WILLIAMS MOVED TO APPROVE THE ANNUAL RENEWAL OF A TAVERN LIQUOR LICENSE FOR BELLEVIEW BOWL-0-MAT LOUNGE, 4900 SOUTH FEDERAL. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted aa follows: Ayes: Nays: Absent: Council Members Smith, Harper, Clayton, Williama, Taylor. None. Council Members Weber, Mann. The Mayor declared the motion carried. * * * * * * City Manager Mccown presented a recoDlllendation from the Englewood Retirement Board requesting changes to Chapter 9, Section 38, Title V, of the Englewood Municipal Code. City Manager Mccown stated the memorandum addresses changes in the board membership and procedural review of disability retirements. City Manager Mccown stated there is another section which the staff would like to see changed, i.e. the section which defines a full time employee eligi- ble for pension benefits. COUNCILMAN HARPER MOVED THAT THE CITY ATTORNEY BE DI- RECTED TO PREPARE AN ORDINANCE INCORPORATING THE CHANGES DIS- CUSSED IN THE MEK>RANDUM FROM THE EMPLOYEES' RETIREMENT BOARD AND THE CHANGE RECOMMENDED BY THE STAFF. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Smith, Harper, Clayton, Williama, Taylor. None. Council Members Weber, Mann. The Mayor declared the motion carried. * * * * * * I December 5, 1978 Page 5 City Manager Mccown presented a status report from the Englewood Housing Authority concerning furnishings for the Simon Center and funding raising. City Manager Mccown stated of the $35,000 which Council loaned to the Simon Center for furnishings only $13,323.83 has been raised for purposes of reimbursement to the City. The Comnittee in charfe of the fund raising doubts whether any more money can be ra aed and requests Council to for- give the remaining portion of the debt. COUNCILMAN SMITH MOVED TO RELIEVE THE ENGLEWOOD HOUSING AUTHORITY OF THE OBLIGATION TO REPAY THE REMAINING BALANCE OF A $35,000 LOAN HADE TO THE ENGLEWOOD HOUSING AUTHORITY TO PURCHASE FURNISHINGS FOR THE SIMON CENTER. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Smith, Harper, Clayton, Williams, Taylor. None. Council Members Weber, Mann. The Mayor declared the motion carried. * * * * * * City Attorney Berardini presented an ordinance that would implement the latest negotiations between the Englewood Employees Association and the City. City Attorney Berardini reported that he has not received information relating to the adoption of the ordinance and recomnended that the Council postpone the matter until a later date. COUNCILMAN SMITH MOVED TO POSPONE THE ORDINANCE UNTIL JANUARY 2, 1979. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Smith, Harper, Clayton, Williama, Taylor. Nays: None. Absent: Council Members Weber, Mann. The Mayor declared the motion carried. * * * * * * December 5, 1978 Page 6 INTRODUCED AS A BILL BY COUNCILMAN CLAYTON BY AUTHORITY ORDINANCE NO. 41, SERIES OF 1978 AN ORDINANCE AMENDING CHAPTER 2 OF TITLE XIV OF THE '69 ENGLEWOOD MUNICIPAL CODE BY ADDING A NEW SECTION THERETO RELATING TO THE PROHIBITING OF PARKING ON PRIVATE PARKING LOTS. COUNCILMAN CLAYTON MOVED TO PASS ORDINANCE NO. 41, SERIES OF 1978 ON FINAL READING. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Smith, Harper, Clayton, Williams, Taylor. None. Council Members Weber, Mann. The Mayor declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN CLAYTON BY AUTHORITY ORDINANCE NO. 42, SERIES OF 1978 AN ORDINANCE APPROPRIATING MONIES FOR ALL MUNICIPAL PURPOSES IN THE CITY OF ENGLEWOOD, COLORADO, IN THE FISCAL YEAR BEGINNING JANUARY 1 1979 AND ENDING DECEMBER 31, 1979, CONSTITUTING WHAT IS TERMED THE ANNUAL APPROPRIATION BILL FOR THE FISCAL YEAR 1979. COUNCILMAN CLAYTON MOVED TO PASS ORDINANCE NO. 42, SERIES OF 1978 ON FINAL READING. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Smith, Harper, Clayton, Williams, Taylor. None. Council Members Weber, Mann. The Mayor declared the motion carried. * * * * * * December 5, 1978 Page 7 INTRODUCED AS A BILL BY COUNCILMAN CLAYTON BY AUTHORITY ORDINANCE NO. 43, SERIES OF 1978 AN ORDINANCE ADOPTING THE BUDGET OF THE CITY OF ENGLEWOOD, COLORADO FOR THE FISCAL YEAR 1979. COUNCILMAN CLAYTON MOVED TO PASS ORDINANCE NO. 43, SERIES OF 1978 ON FINAL READING. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Smith, Harper, Clayton, Williams, Taylor. None. Council Members Weber, Mann. The Mayor declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMEN MANN/WILLIAMS A BILL FOR 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 COtlmNCING AT 7:30 P.M. ON THE FIRST MONDAY AFTER JANUARY l, 1980. At Councilman Williama'& request, the Clerk read the fol- lowing section of the bill for an ordinance which lists the pro- posed salaries: "Section 1. --- That Section 41, Chapter 4, Title I of Article IV entitled 'Council Salaries' is hereby amended to read as follows: 1-4-41 Salaries of Councilmen The monthly salaries of the Council- men are hereby fixed in the following amounts: Mayor Mayor Pro Tem Councilmen $500 $450 $400" December 5, 1978 Page 8 COUNCILMAN WILLIAMS MOVED TO PASS THE BILL FOR AN ORDI- NANCE ON FIRST READING. Councilman Clayton seconded the motion. Councilman Harper spoke against the bill stating he felt there is no way a councilman could be paid properly for his expenses and amount of time devoted to this job. He stated there needs to be a better way to attract more qualified people to run for Council; and he did not think increasing the salaries would do it unless the salary was extremely high. Councilman Harper suggested the salaries be increased only by $100 or in- creased a great deal higher and put the issue before the citizens in a referundum. Councilman Smith stated he supported the bill because even though the increase will not fully compensate each member for his time, it definitely will help offset those expenses each member incurs. Councilman Clayton spoke in favor of the bill. He stated there were other methods Council could use; however, the increase in salary was one direct and effective method of compensating each member for his time and effort in serving the City. Mayor Taylor stated the proposed increases are really not enough for the work and time spent serving as a council mem- ber; however, he felt the future Council should have more money. Mayor Taylor stated none of the members of the present Council will be eligible for the increase unless they run for office again and are re-elected. Mayor Taylor stated he would like to see the proposal placed on the November ballot because he felt this would entice more people to run for City Council. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Smith, Clayton, Williams. Council Members Harper, Taylor. Council Member• Weber, Mann. The Mayor declared the motion carried. * * * * * * RESOLUTION NO. 63, SERIES OF 1978 A RESOLUTION FOR ADOPTION OF A REGIONAL HOUSING OPPORTUNITY PLAN. COUNCILMAN CLAYTON MOVED TO PASS RESOLUTION NO. 63, SERIES OF 1978. Councilman Harper seconded the motion. December 5, 1978 Page 9 Councilman Smith discussed the resolution with Director of CoU1DUnity Development Wanush. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Smith, Harper, Clayton, Williams, Taylor. None. Council Members Weber, Mann. The Mayor declared the motion carried. * * * * * * RESOLUTION NO. 64, SERIES OF 1978 A RESOLUTION RELATING TO THE ASSIGNMENT OF THE HOUSING ASSISTANCE PAYMENTS CONTRACT BETWEEN THE CITY OF ENGLEWOOD AND THE UNITED STATES OF AMERICA, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, TO THE HOUSING AUTHORITY OF THE CITY OF ENGLEWOOD, COLORADO. COUNCILMAN CLAYTON MOVED TO PASS RESOLUTION NO. 64, SERIES OF 1978. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Smith, Harper, Clayton, Williams, Taylor. None. Council Members Weber, Mann. The Mayor declared the motion carried. * * * * * * RESOLUTION NO. 65, SERIES OF 1978 A RESOLUTION AUTHORIZING THE ESTABLISHMENT OF AN ESCROW ACCOUNT IN CONNECTION WITH THE PAYMENT AND REDEMPTION OF GENERAL OBLIGA- TION HOUSING REFUNDING BONDS, DATED AUGUST 1, 1976, OF THE CITY OF ENGLEWOOD, COLORADO, AND PROVIDING CERTAIN DETAILS IN CONNEC- TION THEREWITH. COUNCILMAN CLAYTON MOVED TO PASS RESOLUTION NO. 65, SERIES OF 1978. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: December 5, 1978 Page 10 Ayes: Nays: Absent: The Mayor Council Members Smith, Harper, Clayton, Williams, Taylor. None. Council Members Weber, Mann. declared the motion carried. * * * * * * City Manager Mccown presented a memorandum relating to the animal control agreements. City Manager Mccown reviewed the details of the contracts. COUNCILMAN SMITH MOVED THAT THE CITY ATTORNEY. BE DIRECTED TO PREPARE AN ORDINANCE IN ACCORDANCE WITH THE MEMORANDUM FROM THE CITY MANAGER DATED NOVEMBER 30, 1978 REGARDING THE ENACTMENT OF THE ANIMAL SHELTER AGREEMENTS AND INSTITUTING NEW CHARGES TO OTHER EN- TITIES. Councilman Harper seconded the motion. Councilman Smith expressed concern over the $40 fee for adoption of dogs. Councilman Smith stated someone should be in charge of monitoring the adoptions and insuring that the new owner has the dog neutered by a veterinarian in a certain number of days following the adoption. Councilman Smith stated it is important that all adopted dogs be neutered in order to control the dog population. Councilman Smith requested some provision in regard to his comnents be included in the agreement. Councilman Clayton stated the agreement needs a clause requiring rabies vaccinations for every animal that is adopted. Mayor Taylor spoke against the concept of Englewood maintaining the animal shelter for surrounding entities in addi- tion to maintaining it for the City of Englewood. Upon a call of the roll, the vote on Councilman Smith's motion resulted as follows: Ayes: Council Members Smith, Harper, Clayton. Nays: Council Members Williams, Taylor. Absent: Council Members Weber, Mann. The Mayor declared the motion carried. COUNCILMAN SMITH MOVED TO DIRECT THE CITY ATTORNEY TO PREPARE AN ORDINANCE AMENDING THE EXISTING E.M.C. IX>G ORDINANCE IN RELATIONSHIP TO ADOPTIONS CHANGING THE FEE TO $40 INCLUDING I I December 5, 1978 Page 11 MANDATORY NEUTERING AND MANDATORY RABIES VACCINATION WITH THE CITY OF ENGLEWOOD. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Smith, Harper, Clayton, Williama, Taylor. None. Council Members Weber, Mann. The Mayor declared the motion carried. * * * * * * City Manager Mccown preaented a memorandum relative to proposed procedure for sidewalk repair• and a memorandum from Gary R. Diede, Director of Engineering Services, concerning sidewalk repairs at 3149 South Broadway. COUNCILMAN CLAYTON K>VED TO POSTPONE CONSIDERATION OF THIS MATTER UNTIL THE STUDY SESSION ON DECEMBER 11, 1978. Council- man Harper seconded the motion. Councilman Clayton withdrew hie motion and requested the City Manager to further explain the memorandums relative to con- crete repairs. Councilman Harper withdrew his second to the motion. City Manager Mccown discussed the present procedure the City follows for repairing aidewalka. City Manager Mccown stated City crews have never gone out and repaired the sidewalks if the property owner did not have them repaired because there has never been enough money budgeted for such an expense. Usually, the side- walks repair• have been delayed until they could be placed in com- bination with a paving district. City Manager Mccown stated the insurance coq>any has become concerned about the liability that exists when the sidewalks are in poor condition and not repaired. As a result, the insurance company has requested the City to set up a policy to get the sidewalks repaired soonafter the City is notified that a sidewalk needs to be repaired. City Manager Mccown discussed the possible repercussions of establishing the policy suggested by the insurance company. He stated it is the opinion of the City Attorney's office that such a policy practically denies the citizen the right to be heard in public hearing proceedings usually held on sidewalk and paving districts, i.e. Council authorizes the repair work to be done and the coat to be assessed to the property owner without giving the property owner the right to be heard at a public hearing. December 5, 1978 Page 12 City Manager Mccown stated the Director of Engineering Services, the City Attorney and himself suggest the following re- coDlllendations as procedure for repair of sidewalks: 1. When staff finds there are repairs that need to be made in a number sufficient enough to prove it worthwhile to do the work, staff will compile a list and submit it to Council for review. 2. Upon receipt of the list, Council may direct staff to send a notice to the respective property owners notifying them Council has received a report indi- cating their sidewalk is in faultly repair and needs to be fixed; and if the property owner wishes to be heard before Council concerning the repairs they can appear before Council at the next Council meeting at which time a determination of whether or not their sidewalk needs to be fixed will be made by Council. City Manager Mccown stated if Council concurs with the above policy, funds will have to be budgeted. Council discussed at length the underlying causes that deterioriate sidewalks and with whom the obligation for payment of repair costs lies. COUNCILMAN SMITH MOVED TO CONCUR WITH THE PROCEDURES OUTLINED IN CITY MANAGER MCCOWN'S MEMO OF NOVEMBER 28, 1978 CON- CERNING SIDEWALK REPAIRS; THAT A MINIMUM OF $20,000 BE PLACED IN NEXT YEAR'S BUDGET FOR THE LIST OF REPAIRS AND A LIKE AMOUNT BE SET ASIDE FOR THE SECOND HALF OF 1979; AND THAT A REMINDER NOTICE BE SENT TO EACH PROPERTY OWNER ON THE LIST. Councilman Clayton seconded the motion. Councilman Harper stated he preferred any citizen protest concerning sidewalk repairs to be held in a public hearing forum rather than a Council meeting; and queried how the City can legally assess the property owner for cost of repairs. City Manager Mccown and City Attorney Berardini explained how payment is handled for different types of districts and from different types of property owners. Councilman Smith stated he felt the formality of public hearing was not required as along as the citizens are heard and have a chance to present their case. Councilman Harper stated his concern was that each pro- perty owner involved is heard. December 5, 1978 Page 13 Councilman Smith suggested a date in January be set for these property owners to appear before Council and present their cases. Upon a call of the roll, the vote on Councilman Smith's motion resulted aa follow•: Ayes: Naya: Absent: Council Members Smith, Harper, Clayton, Williama, Taylor. None. Council Members Weber, Mann. The Mayor declared the motion carried. City Manager Mccown requested Council's authorization to send a sidewalk repair notice to a property owner at 3149 South Broadway. COUNCILMAN SMITH MOVED TO AUTHORIZE THE CITY MANAGER TO SEND A SIDEWALK REPAIR NOTICE TO THE PROPERTY OWNER AT 3149 SOUTH BROADWAY. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayea: Maya: Absent: Council Members Smith, Harper, Clayton, Williams, Taylor. None. Council Members Weber, Mann. The Mayor declared the motion carried. * * * * * * City Manager Mccown presented an agreement concerning concession at the Englewood Municipal Golf Course. City Manager Mccown stated the ownerahip of the concession has been changed from Mr. and Mra. Saunder• to only Mrs. Saunders so she can apply for a 3.2 beer licenae with the City of Sheridan. COURCILMAR HARPER MOVED TO APPROVE THE AGREEMENT BETWEEN THE FOOD AND BEVERAGE CONCESSION FOR THE ENGLEWOOD MUNICIPAL GOLF COURSE AND THE CITY OF ENGLEWOOD FOR THE CALENDAR YEAR 1979. Coun- cilman Smith seconded the motion. Upon a call of the roll, the vote resulted aa followa: Ayea: Council Members Smith, Harper, Williams, Taylor. December 5, 1978 Page 14 Nays: Absent: The Mayor Council Council declared * * Member Clayton. Members Weber, Mann. the motion carried. * * * * COUNCILMAN WILLIAMS MOVED TO ADJOURN THE SPECIAL MEET- ING. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Smith, Harper, Clayton, Williama, Taylor. None. Council Members Weber, Mann. The Mayor declared the motion carried and adjourned the special meeting at 9:35 p.m. ~~ ..... .A 4 .... ,.-. Director of F~;ex officio City Clerk-Treasurer I