Loading...
HomeMy WebLinkAbout1968-09-27 (Special) Meeting MinutesI I I I COUNCIL CHAMBERS CITY OF BHG!J!WOOD, COLORADO SEPTEMBER 27, 1968 SPECIAL MEETING: The City Council of the City of Englewood, Arapahoe County, State of Colorado, met in special session Friday, September 27, 1968, at 7:00 P.M. in the City council Chambers, City Hall, Englewood, Colorado. Clerk: The following "Notice of Call"' was read by the City September 24, 1968 NOTICE OF CALL BY THE MAYOR FOR SPECIAL SESSION OF THE CITY COUNCIL FRIDAY, SEPTEMBER 27, 1968 --7:00 P.M. The City council of the City of Englewood, Arapahoe County, Colorado, is hereby called to a special meeting in the City Hall, 3400 South Elati Street for consideration and possible final action upon the pending bill to increase City sales tax by 1¢, and con- sideration and possible action upon the appointment of a City Councilman to fill the present vacancy. /s/ STANLEY H. DIAL City Manager SHD/mm ACKNOWLEDGEMENT OF RECEIPT OF NOTICE The following persons, all Councilmen of the City of Englewood, Colorado, do hereby acknowledge receipt of Notice of the above special session: /s/ John c. Kreiling /s/ Lou Parkinson /s/ John J. Lay /s/ Elmer E. Schwab /s/ Dallas Dhority /s/ Dick Lone Mayor Schwab, presiding, called the meeting to order and asked for roll call. Upon the call of the roll, the following were present: Schwab. Councilmen Parkinson, Lone, Lay, Kreiling, Dhority, Absent: None. Also present: City Manager Dial, Assistant City Manager Mack, City Attorney Criswell, City Clerk Lyon. The Mayor declared a quorum present. * * * * * * City Council discussed the bill for an ordinance increasing the retail sales and use tax to two cents. * * * * * * City Council inquired of City Manager Dial as to the financial impact of the petitions submitted by members of the Englewood Police Department for an election upon an increase in pay for members of said department. 264 Minutes of the September 27, 1968, special meeting. City Manager Dial stated that the cost of the said proposed pay scale if adopted would be $60,000 more than that proposed in the basic 1969 budget and $46,000 more than that proposed in the supplemental budget. Discussion ensued. * * * * * * Introduced as a Bill by Councilman Lay and read in full, ORDINANCE NO. 32, SERIES OF 1968 AN ORDINANCE AMENDING 8816.5-3(a), 16.5-10, 16.5-16(c), 16.5-17 AND 16.5-20(b) OF THE MUNICIPAL CODE OF THE CITY OF ENGLEWOOD TO INCREASE THE TAX LEVIED BY SAID SECTIONS FROM ONE CENT (1¢) ON EACH FULL DOLLAR OF EACH RETAIL SALE OR ACQUISITION CHARGE TO TWO CENTS (2¢) FOR EACH FULL DOLLAR THEREOF, ESTABLISHING A SCHEDULE FOR THE COLLECTION OF SUCH TAXES WHERE THE SALES PRICE OR ACQUISITION CHARGE OF ANY TAXABLE ITEM INCLUDES A FRACTIONAL PART OF A FULL DOLLAR, DECREASING THE VENDOR'S FEE FROM 5% TO 2 1/2% AND INCREASING THE ITINERANT VENDOR'S FEE FROM $20.00 TO $40.00. (Copied in full in the official Ordinance Book.) COUNCILMAN LAY MOVED, COUNCILMAN DHORITY SECONDED, THAT ORDINANCE NO. 32, SERIES OF 1968, BE PASSED ON FINAL READING AND ORDERED PUBLISHED IN FULL IN THE ENGLEWOOD HERALD AND ENTERPRISE. Councilman Lay stated that a poll taken at the Englewood Chamber of Commerce meeting of September 26, 1968, had shown that 86 of those in attendance were in favor of increasing the one cent sales tax to two cents effective November 1, 1968, and reducing the 1969 mill levy by 10 mills. councilman Lone stated that in his opinion the sales tax increase was not needed for 1968 and that it would be possible to effect at least a 10 mill reduction in the 1969 budget by making said increase effective January 1, 1969. Councilman Dhority stated that he was in support of increasing the sales tax effective November 1, 1968. Mr. Nate Burt, 5200 South Broadway, appeared before City Council and stated he was in support of the increase in the retail sales and use tax effective November 1, 1968, and a reduction in the 1969 mill levy by 10 mills. Mayor Schwab stated that he was in favor of the increase in the retail sales and use tax effective November 1, 1968. After discussion, City Manager Dial pointed out that the 1969 mill levy was required to be established in early October, 1968. councilman Kreiling stated that in his opinion the one cent increase in the retail sales and use tax should be made effective January 1, 1969. Mr. Harvey Norgaard, 3460 South Broadway, appeared before City council. Mr. Norgaard stated that the Englewood Chamber of Conunerce meeting of September 26, 1968, had taken a poll by those present inquiring if they would support a one cent increase in the retail sales and use tax effective November 1, 1968, if the mill levy should be reduced by 10 mills. Mr. Norgaard stated that 82 had been in favor of this proposal and 16 had been against it. Mr. Graham Vaughan, manager of J. c. Penney, new Englewood shopping center, appeared before City Council. Mr. Vaughan stated that it was the opinion of the majority of the merchants in the new Englewood center that an increase of one cent in the retail sales and use tax would not have an adverse effect upon business. Mr. Vaughan stated that results of a recent survey of J. c. Penney's customers had shown that 70 per cent were from outside the City of Englewood. Mr. Burt re-appeared before City Council. Mr. Burt stated that the Chamber of Commerce's poll provided a good cross section of both consumer and merchant attitudes towards the pro- posed sales tax increase. I I I I I I I I Minutes of the September 27, 1968, special meeting. Mr. Chalmerse Parker, 3996 South Grant, appeared before City Council in support of the increase in sales tax and a reduction of the mill levy. Mr. Parker stated, however, that he was not in favor of a full 10 mill levy reduction if by not reducing the mill levy 10 mills an increase in City services could be accomplished. Mr. Parker stated that such an increase in services would pay off equally as well as the mill levy reduction. Mr. Jerry Kelly, 5995 East Maplewood Avenue, Denver, Colorado, appeared before City Council. Mr. Kelly stated that a reduction in the mill levy would help strengthen the dramatic growth within the City of Englewood. Councilman Lone pointed out that no commitment had been made by the City on the mill levy. He stated that this would be considered at a later date. However, it would be his recommendation that the mill levy should be reduced in excess of 10 mills. Councilman Parkinson requested that a poll of the audience be taken to show those in attendance who are in favor of an increase in the sales tax effective November 1, 1968. Fourteen people indicated support. None indicated opposition. City Manager Dial pointed out that a 10 mill levy cut is not a reduction in the levy by ten per cent but rather a sixty-six per cent reduction. Mr. Dial stated that by making the sales tax effective November 1, 1968, a possible $160 to $170,000 additional revenue would be raised. COUNCILMAN KREILING MOVED, COUNCILMAN LONE SECONDED, THAT ORDINANCE NO. 32, SERIES OF 1968, BE TABLED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Parkinson, Lone, Kreiling. Nays: Councilmen Lay, Dhority, Schwab. Absent: None. The Mayor declared the motion failed. On the original motion the vote resulted as follows: Ayes: Councilmen Parkinson, Lay, Dhority, Schwab. Nays: Councilmen Lone, Kreiling. Absent: None. The Mayor declared the original motion carried. City Manager Dial stated that the effective date of the ordinance to be adopted would be established administratively as November 1, 1968, rather than October 31, 1968. * * * * * * Mayor Schwab declared that nominations for the vacancy in City Council District No. 2 created by the resignation of Mr. Donald Fullerton from the Englewood City Council on July 1, 1968, were now open. Councilman Dhority nominated Mr. Virgil Wells, 3380 South Marion. Councilman Kreiling nominated Mr. Harry Fleenor, 3383 South Corona. Councilman Lone nominated Mr. Reece Braun, 3173 South Ogden. Councilman Parkinson nominated Mr. Ray Overfield, 2280 East Eastman Avenue. COUNCILMAN LAY MOVED, COUNCILMAN DHORITY SECONDED, THAT THE NOMINA_TIONS BE CLOSED. Upon the call of the roll, the vote resulted as follows: 265 266 Minutes of the September 27, 1968, special meeting. Ayes: councilmen Lay, Dhority, Schwab. Nays: councilmen Parkinson, Lone, Kreiling. Absent: None. The Mayor declared the motion failed. Councilman Parkinson nominated Mr. Oliver Giseburt, 3171 South High. Councilman Lone nominated Mr. James Paris, 3250 South Humboldt. COUNCILMAN LAY MOVED, COUNCILMAN DHORITY SECONDED, THAT THE NOMINATIONS BE CLOSED. Upon the call of the roll, the vote resulted as follows: Ayes: councilmen Parkinson, Lone, Lay, Kreiling, Dhority, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried. The City council discussed the manner in which the voting on the above nominations would be taken. The Mayor called for the vote to be taken. Set forth below are the results of the voting which was taken on those nominated: Mr. Virgil Wells Councilmen Lay, Dhority, Schwab. Mr. Harry Fleenor Councilman Parkinson. Mr. Reece Braun Councilman Lone. Mr. Ray Overfield None. Mr. Oliver Giseburt Councilman Kreiling. Mr. James Paris None. The Mayor declared that Mr. Virgil Wells appointed to the Englewood City Council to fill the vacancy created by the resignation of Councilman Fullerton upon the basis that Mr. Wells received the greatest number of votes of any candidate. Mayor Schwab referred to the definition of majority vote in Section 7 of the City Charter. Councilman Lone stated that he wished to appeal the decision of the chair in that Mr. Wells had not received a majority of votes of City Council. Upon request by Mayor Schwab, City Attorney Criswell stated that it did not appear to him that the reference to a majority vote in Section 7 of the City Charter did not apply to the election of a candidate to fill a vacancy on the City Council as provided in Sections 28 and 37. Mr. Criswell further stated that it did not appear to him that there were other sections of the City Charter which defined whether a majority or plurality vote would be required to appoint a Councilman. He stated, however, that it would be his opinion that a majority vote of City council would be required to fill the vacancy, but pointed out that this opinion does not bind the City Council. Mr. Criswell further stated that the decision of the chair may be appealed. Councilman Kreiling stated that he wished to second the appeal of the decision of the chair. Councilman Lone referr~d to Section 36 of the City Charter requiring that council act only by ordinances, resolutions, or motions. Mr. Lone stated that a vacancy .had not been filled until a motion to appoint had been made. Upon the question of Councilman Lone, City Clerk Lyon reported that the records reflected that no motion to appoint Mr. Wells had been made. Councilman Parkinson stated that in light of this fact, he considered the action of the appointment of Mr. Wells as null and void. I I I I I I I I Minutes of the September 27, 19~8, special meeting. COUNCILMAN PARKINSON MOVED, COUNCILMAN LONE SECONDED, THAT MR. HARRY FLEENOR BE APPOINTED TO THE CITY COUNCIL VACANCY IN DISTRICT NO. 2 Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Parkinson, Lone, Kreiling. Nays: Councilmen Lay, Dhority, Schwab. Absent: None. The Mayor declared the motion failed. COUNCILMAN MllCfl1Sl1!1 JIOTED, COUNCILMAN LONE SECONDED, THAT MR. REECE BRAUN BE APPOINTED TO THE CITY COUNCIL VACANCY IN DISTRICT NO. 2. Mayor Schwab inquired of City Attorney Criswell whether the previous motions were in order. Mr. Criswell rendered the opinion on the basis of Section 36 of the City Charter, that the City Council may act by only ordinance, resolution, or motion and that in order to fill the vacancy in District 2 it would be necessary to take action by either ordinance, resolution, or motion. Councilman Lay rose to a point of order and stated that a motion to appoint Mr. Braun was out of order due to the previous ruling of the chair that Mr. Wells was appointed as City Council- man. Mr. Lay further stated that a motion to repeal a decision of the chair was on the floor. Councilman Lone stated that he would withdraw his appeal of the decision of the chair. Councilman Kreiling stated that he would withdraw his second on the motion of the appeal on the decision of the chair. Councilman Parkinson stated that he wished to renew his motion to appoint Mr. Reece Braun as City Councilman of District No. 2. councilman Lay stated that he would renew his point of order that Councilman Parkinson's motion to appoint Mr. Braun was out of order because of the previous ruling of the chair. Mayor Schwab declared that the motion to appoint Mr. Reec e Braun as City Councilman of District No. 2 in order. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Parkinson, Lone, Kreiling. Nays: Councilmen Lay, Dhority, Schwab. Absent: None. The Mayor declared the motion failed. Councilman Lay stated that he wished to rise to a point of order in that the chair is not bound to the interpretation of the City Attorney. COUNCILMAN KREILING MOVED, COUNCILMAN PARKINSON SECONDED, THAT MR. RAY OVERFIELD BE NOMINATED TO THE CITY COUNCIL VACANCY IN DISTRICT NO. 2. Councilman Lay rose to a point of order and stated that a motion to appoint Mr. Overfield was out of order due to the previous ruling of the chair that Mr. Wells was appointed as City Councilman. Councilman Kreiling stated that he would amend his motion by replacing the word "appoint" with the word "nominate". Councilman Lone stated that he would accept this amend- ment. Councilman Lay rose to a point of order and stated that a motion to appoint Mr. Overfield was out of order due to the previous ruling of the chair that Mr. Wells was appointed as City Councilman. 268 Minutes of the September 27, 1968, special meeting. Mayor Schwab ruled the motion to appoint Mr. Paris in order. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Parkinson, Lone, Kreiling. Nays: Councilmen Lay, Dhority, Schwab. Absent: None. The Mayor declared the motion failed. COUNCILMAN PARKINSON MOVED, COUNCILMAN LONE SECONDED, THAT MR. OLIVER GISEBURT BE APPOINTED TO THE CITY COUNCIL VACANCY IN DISTRICT NO. 2. Councilman Lay rose to a point of order and stated that a motion to appoint Mr. Giseburt was out of order due to the previous ruling of the chair that Mr. Wells was appointed as City Councilman. Mayor Schwab ruled the motion to appoint Mr. Giseburt in order. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Parkinson, Lone, Kreiling. Nays: Councilmen Lay, Dhority, Schwab. Absent: None. The Mayor declared the motion failed. COUNCILMAN LONE MOVED, COUNCILMAN DHORITY SECONDED, THAT THE MEETING ADJOURN. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Parkinson, Lone, Kreiling, Dhority, Nays: Councilman Lay. Absent: None. The Mayor declared the motion carried and the meeting adjourned at 8:43 P.M. Clerk of the Council I I I I