Loading...
HomeMy WebLinkAbout1990-07-02 (Regular) Meeting MinutesENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Session .July 2, lHO I. Call to Order The regular meeting of the Englewood City Council was called to order by Nayor Van Dyke at 7:30 p.m. 2. Invocation The invocation was given by Council Member Wiggins. 3. Pledge of Allegiance The Pledge of Allegiance was led by Mayor Van Dyke. 4. Roll Call Present : Council Members Hathaway, Koltay, Wiggins, Bullock, Clayton, Habenicht, Van Dyke Absent: A quor 11111 was present. Also present : 5. M1nutts None City Manager Fraser Assis t ant City Attorney Gr l11111 City Clerk Crow Director Fonda, Ut111ties Department Pam Pepper, Economic DeveloptNnt Coordinator (a) COUNCIL MEMBER HATllAlfAY NOVED, AND IT WAS SECONDED, TO APPROVE THE NINUTES OF THE REGULAR MEETIM OF JUNE 18, lHO. Ayes: Council Member~ Koltay, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke Nays: None Hotton carried . 6 . &eneral Discussion (a) Mayor 's Choice En,lewood City Council Minutes J~ y 2, 1990 -Page 2 (1) Mayor Van Dyke announced she would be presenting a resolution for Council's consideration after making a statement pertaining to City Man- ag er Fraser 's relocat Ion to Englewood . Mayor Van Dyke's state11ent proposed adJltlonal financial assistance to he l p facilitate Mr. Fraser's relocation to the Ci ty. She explained the necessity of t his assistance based on Mr. Fraser's proposed loss on the sale of his home In Aurora, i.e., S10,000 for closing costs on the Aurora home, $11,000 down payment on a new residence In Englewood, and approximate l y $4,000 for moving expenses. She stated that the question before Council Is a simple one: does Council wish to provide addi- tional financial assistance above and beyond the terms of the original employ- ment agreement or does Council wish to remain f i rm on the terms of the con- tract originally agreed upon? Mayor Van Dyke cited seve r al Instances of relocation assistance given to var i ous city managers In the metro area ; she also provided Information on the relocation requests of the other candidates for Englewood's city manager posi- tion at the time Mr . Fraser was selected . Based on this information, Mayor Van Dyke was of the opinion t hat the City of Englewood had gotten a bargain when this Council hired Mr. Fraser . She expressed the opinion that Mr. Fraser has been a good city manager and that he wishes to continue 1n that role; however, 1f under the circumstances Englewood were to lose Mr . Fraser for whatever reason , Mayor Van Dyke expressed concern over the cost implications of searching for and hiring a new city manager. She stated that Mr. Fraser 1s ask1n3 Council to consider his hardship related to his move , which is esti- mated to be in excess of $20,000, and is requesting assistance for an equity move into the City. Mayor Van Dyke stated she personally cannot support pi cking up the entire amount though she feels it appropriate for the City to spl It the difference and she proposed the City offer the sum of not more than $10,000 to be pro - vided as an addendum to the current employment contract. he requested the City Clerk to assign a number to the resolution and read It 1n 1ts entirety. RESOLUTION NO . S4, SERIES OF 1990 A RESOLUTION REGARDING THE COS TS OF RELOCATING THE CITY MANAGER'S RESIDENCE WITHIN THE CI TY OF ENGLEWOOD. WHEREAS, ROGER FRASER HAS SERVED AS THE CITY MANAGER OF ENGLEWOOD SINCE JANUARY 1989 IN A MOST SATISFACTORY MANNER, AND WHEREAS, IN COMPLIANCE WITH THE EMPLOYEE AGREEMENT, MR. FRASER IS SCHEDULED TO TAKE POSSESSION OF A HOME IN ENGLEWOOD WITHIN THE PRESCRIBED TIME LIMITS OF 1B MONTHS FROM THE DATE OF HIS INITIAL EMPLOYMENT WITH THE CITY, AND WHEREAS, IT IS REASONABL E AND CUSTOMARY FOR PUBLIC AND PRIVATE EMPLOYERS TO PROVIDE SUBSTANTIAL FINANCIAL ASSISTANCE TO OFFSET THE RELOCATION COSTS OF THEIR EXECUTIVES, AND EngllWOOCI City Council N1nutts July 2, 1990 -Page 3 WHEREAS, THE ENGLEWOOO CHARTER REQUIREMENT OF CITY MANAGER RESIDENCY, WHEN COMBINED WITH THE DEPRESSED REAL ESTATE MARKET, PLACES UNDUE AND INEQUITABLE FINANCIAL DEMANDS UPON MR. FRASER. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO THAT PURSUANT TO THE EMPLOYMENT AGREEMENT BETWEEN THE CITY AND MR. FRASER, ADDITIONAL RELOCATION EXPENSES IN AN AMOUNT NOT TO EXCEED Sl0,000 SHALL BE AUTHORIZED TO BE PAID TO ASSIST MR. FRASER IN HIS RELOCATION TO ENGLEWOOD. MAYOR VAN DYKE MOVED, Alll IT VAS SECONDED, TO APPROVE RESOLUTION NO. 54, SERIES OF 1990. Mayor Vin Dyke opened the matter for discussion. Council Member Habenicht commented favorably upon Mr . Fraser's performance 1s City Manager; however, she does not feel supportive of the resolution as pres- ented. She stated the contract was made In good faith on the part of Council and Mr. Fraser. She expressed concern over Council's loss of credibility and public trust In this matter, stating she believes it Is important to stand behind the contract. Council Member Hathaway offered comments concern 1ng Mr. Fraser• s informal evaluation in March of 1990, stating it Is Important at thts point to deter- mine Council's support of Mr. Fraser as Englewood's City Manager. She stated that tn her op i nion the biggest concern of Council and members of the co11111uni- ty Is the fact that Hr. Fraser has not moved into the City. She stated it is necessary to get beyond the housing issue In order to address other Issues which are important to the City. Council Member Bullock suggested that Council should be cons1dertng its duty to the citizens to uphold the Charter, that Council needs to look at the c011- mur,ity environment and what the co11111unity wants, and attention should be given to the legal aspect of the situation . He feels the c1t1zens are opposed to any additional remuneration. He al so feels the contract was freely and volun- tarily negotiated with no u11perceived contingencies. Hr. Bullock expressed support of Mr. Fraser's performance. Council Member Clayton stated i t ts necessary for Englewood to have a c1ty manager who Is willing to move forward , make changes, and to insist on Innova- tion, efficiency and economy. He feels Mr. Fraser fulfills those require- ments, and he commended Mr. Fraser for his accomplishments since being hired. He stated that Mr. Fraser has done exactly what Council requested of him, as- sembling a management staff who ts willing to work hard for the citizens of Englewood. He feels Council was elected to r.,ake hard choices and dect stons that do not always comply with what everyone wants ; to not provide Mr. Fraser some additional financial assistance would cost Englewood considerable money and w-•uld cause a tremendous disruption In its government. In summary, Mr. Clayton stated he would vote on this issue to ensure that Englewood's "future ts as bright as its past." Englewood C1ty Council Minutes July 2, 1990 -Paga 4 Co uncil Member Wiggins expressed concern over specific wording of the Resolu - tion, specifical l y "relocat i on costs.• He stated that the contract as written specifies that Hr. Fraser will receive "moving costs " plus Sot; or $4,000 whichever is the less for reimbursement of other expenses. He Is In favor of sticking with the contract, which he feels was well-written. Council Member Koltay coll'lllented that when the contract was written, he a~d Mr. Fraser attempted to make the contract clear and concise; however, upon reflec- tion he realizes the contract was not clear and concise . Even though he does not think Mr . Fraser's perfomance will change by his becoming a resident of the City, he does think hi s presence In Englewood will be accepted by the COIi· munlty. He too feels that Hr. Fraser is carrying out wllat Council asked of lllm . In his opinion , It Is not reas onable to put off helping Mr. Fraser and his family in the relocation, stating It i s not benef i c i al to the City or to Mr. Fraser to have th l s matter unsettled. He wl shes to see the matter re- solved In order for attention to be directed to other city matters. He sug- gested that the rules be suspended to permit the citizens present to speak to t his subject. There was br i ef discussion about the amount of Sl0,000 proposed In the Resolu - tion, and Mayor Van Dyke explained that she was proposing an amount not to exceed SIO,0OO or up to one-half of Mr . Fraser 's relocation expenses. Tha Resolution proposes th i s compensation In addit i on to the S4,000 as mentioned In Section 10 of the contract . Council Member Habenicht requested that the Resolution be reworded to reflect what Mayor Van Dyke intends, rather than what It sa • COUNCIL NENBER KOLTAY MOVED, AND IT WAS SECONDED, TO SUSPEND THE RULES TO PER• MIT CITIZENS TO SPEAK TO THIS ISSUE, Ayes : Council Members Koltay, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Yan Dyke Nays: None Motion carried . The following citizens presented the i r views: Norma Weir, 4870 South Cherokee Street, expressed concern about the lega l con- sequence of changing the contract; she sunrnarized her concerns by stating she Is not In favor of Hr . Fraser receiving additional funds, citing the proposed cuts In pol lee and fire, the low morale, and she questioned where the funds would come from for the proposed $10,000. B111 Schaffer , 4438 South Elatl Street, stated he feels contracts are made to hold th~ parties Invo l ved to the agreement for the duration of the contract. He express 9d favor 1n holding to the contract. Randy Pickrell, 4357 South Galapago Street, expressed strong opposition to additional compensation i n any form. D1ane Fischbach, 4640 South Knox Court, sta t ed she was appalled that Council was considering giving Mr . Fraser extra money, In 11ght of the SI budget cuts for 1991. Englewood Ctty council Nlnut1s July 2, 1990 -Pagl 5 811 Eggleston asked why Council had •wafted until 13 days before the contract ts up to do anything about him moving into Englewood like the contract calls for.• He supported those people who fee l Mr. Fraser should live up to his con t ract . George H. Allin , representing Citizens for Responsible Government, stated the contract was well-written; that he had not heard anything presented which In- dicates t he situation has changed , so Mr . Fraser should be held to the contract . Kan Waechter, 3127 West Tufts Avenue, strongly opposed giving Mr . Fraser extra funds over and above his contract. He cited ex111ples of how he feels Mr. Fraser has mislead Council and he does not feel Mr. Fraser has 11ade a con - scious attempt to move Into th city to meet the terms of his contract . If the contract cannot be honored, then the consequences wt 11 have to be suf - fered, even If that means looking for a new c i ty manager. Connie Davtet, 3021 South Delaware Street, presented a different view stating she was concerned about what is going on In the co11111unlty and the methods which were used to get a lot of peop l e to attend th i s ~eeting. She stated she had taken time t o call and discuss the matter with Mr . Fraser and she feels his rationale and the things he has to say make a l ot of sense. She clarified that she ts not endorsing giving him all he has asked for , but she i s endors- ing actions that would be good for the co11111 unity . With regard to the proposed budget cuts which will affect serv i ces, she str essed the importance of bring- Ing the matter to the citizens for a "clear ma ndate.• Betty Keena, 4801 South Kalamath Street, concurred In Ms. Daviet's connents. She conmanted that City Council needs to keep tn mind that they represent all of the citizens , not just spec1 al interest groups. She expressed concern about the cost implications of a search for a new city manager and she feels tf negotiations at this level would alleviate a search the money would be well spent. Additiona l ly she feels a decision should be made now and that the ~•t- ter can then be put behind us, as there are a lot of other things going on in the City wh i ch need t o be dea l t wi th. She feels Mr. Fraser has done an excel- lent job, and has found him t o be professional and competent in his perfor- mance. She stressed that "we need to deal with the contract that exists, make ft as equitable as possible, fa i r to the city, fair to the citizens, and fair to Mr. Fraser.• There were no other citizens who wished to address Council concerning this matter. COUNCIL MENIER HATHAWAY MOVED, AND IT WAS SECONDED, TO RETURN TO TIIE REGULAR AGENDA. Ayes : Nays : Motion carried . Council Members Koltay, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke None Mayor Van Oyke offered an amendment to Resolut i on No . 54 to change the final paragraph to read: En9lewood Clt,'/ Council Minutes July 2, 19~0 -Page 6 NOW, THEREFORE, BE IT RESOLVED BY ntE CITY COUNCIL OF THE CITY OF EN&LEWOOO, COLORADO THAT: PURSUANT TO THE EMPLOYMENT AQREENENT BETWEEN THE CITY AND Nil, FRASER, ADDITIONAL RELOCATION EXPENSES IN AN AMOUNT NOT TO EXCEED ONE HALF OF HIS TOTAL R.ELOCATION EXPENSES OR $10,000 WHICHEVER IS LWT, AS AN ADDENDUN IN ADDITION TO THE MOVING EXPENSES NOW IN THE TERIIS OF THE ORIGINAL CONTRACT.• Discussion ensued. Cour·c 11 MemL ·.r-Ha t haway, who had seconded the original motion, stated she could support the amendment with one exception. She sup- ports a sum total prov! ston of $10,000 in Sect Ion 10 of the contract which would include the $4,000 realtors' fees or difference and $6,000 for moving expenses. Various quest i ons were posed; alternative wording was suggested. COUNCIL NEN~ER HATHAWAY MOVED, AND IT WAS SECONDED, TO RECESS AND RECONVENE IN TEN NIIIITES. Ayes: Nays: Motion carried . Council Members Koltay, Hathaway, Wiggins, Bullock, Clay t on, Habenicht, Van Dyke None The meeting reconvened at 8 :50 p.m. Present: Absent: Council Members Hathaway, Wiggins, Bullock, Clayton, Haben i cht, Van Dyke Council Member Koltay (Note: Council Member Koltay returned to the meeting at 8:51 p.m. and was present for all discussion.) Mayor Yan Dyke withdrew her previous amendment to the Resolution. COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO AMEND RESOLUTION NO. 64 TO CHANGE THE FINAL PARAGRAPH TO READ: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO THAT: IN ADUITION TO SECTION 10 OF THE EMPLOYMENT AGREEMENT BETWEEN THE CITY AND C ITV MANAGER ROGER FRASER, THE CITY AGREES TO PAY RELOCATION/ MOVING EXPENSES IN AN AMOUNT NOT TO EXCEED ONE-HALF OF THE TOTAL ~OYING EXPENSES (JNCLUOING $4,000 ALREADY SPECIFIED IN SECTION 10) OR $10,000 WHICHEVER IS LEAST, NO OTHER TERMS OF THE CONTRACT ARE AFFECTED OR CHANGED BY rnrs ACTION. Council Member Haben i cht requested clarification abou t how this would affect Section 10 of the contract. Council Member Hathaway explained this would not affect Section 10 of the contract; but that It adds another provision to Sec- tion 10 to reflect the absolute sum total maximum whether it ends up being half of the total relocation or whatever, that absolute sum total being $10,000 or less . En,lelllOOCI City Council Nlnut1s Ju 1 2, 1990 -Paga 7 Assistant City Attorney Gr111111 stressed that the agreement itself is not being changed; what Resolution No . 54 purports to do If the uiendment is approv■d ts to give an added a110unt of the total moving expenses not to eKceed SI0,000 or one-half whichever 1s least. Council Member Hathaway stated once again that the maximum payable with this amendment under Section 10 of the contract, Including the S4,000, 1s $10,000. Vote re~ults on the amendment to Resolution No. 54: -yes: Council Members Koltay, Hathaway, Clayton, Yan Dyke Hays: Council Members Wiggins, Habenicht Abstain: Council Member Bullock Motton carried. Discussion ensued about the abstent i on of Council Member Bullock; tt was detennlned that the abstention was Inappropriate. Hr. Bullock changed hts vote to "Nay.• Amended vote results on the amendment to Resolution No. 54: Ayes: Counci l Members Koltay, Hathaway, Clayton, Van Dyke Nays: Council Members Wiggins, Bullock, Habenicht Hotton carried. Before voting on the approval of Resolution No. 54 as amen~ed, Council Member Habenicht stated that after listening to the c01T111ents made by t~• citizens she bel leves there 1s an overwhelming support of her position to •bide by the contract. Council Member Bullock urged, "whatever the outcome 1s of the matter, that it be put behind us and that we move forward as a cormwnlty.• Counc :1 Member Koltay asked If all ambiguity had been cleared and that Coun• c1l's Interpretation of the contract 1s for a maximum of $10,000 total moving expenses, relocation costs, etc., and that the City has no obligation to pay any amount over $10,000 for mov1ng related exfenses. Council flelllber Hathaway stated this was her understanding; no one e se commented or questioned Mr. Koltay's 1nterpretat1on . Mayor Van Dyke called for the vote; results: Ayes: Council Mem b rs Koltay, Hathaway, Clayton, Van Dyke Nays: Council Members Wiggins, Bullock, Habenicht Resolution No. 54, as amended, 1s approved. (b) Council Member's Choice (i) An appointment to the Planning and Zoning Commission was con• sldared. The resolution was assigned a number and read by title: RESOLUTION NO. 55, SERIES OF 1990 A RESOLUTION APPOINTING JENNIFER CRONK TO FILL A POSITION ON THE PLANNING ANO ZONING COHMISSION FOR THE CITY OF ENGLEWOOD. En9lewood City Council "lnutes July 2, 1990 -Page 8 COUNCIL MEMBER HAiTHAWAY MOVED, AND IT WAS SECONOm TO APPROVE RESOLUTION NO, 55, SERIES OF 1990. Ayes: Counc il Members Koltay, Hathaway, Wiggins, &ullock, Clayton , Habenicht, Van Dyke Nays: None Motion carried . Ms. Crank's appointment 1s effective h111edhtely and shall expire February 1, 1991. (11) An appointment to the Plann i ng and Zoning Connission was con- sidered . The reso l ution was ass i gned a number and read by title: RESOLUTION NO . 56, SERIES OF 1990 A RESOLUTION APPOINTING DARRVL DUMMER TO FILL A POSITION ON THE PLANNING AND ZONING COMMISSION FOR THE CITY OF ENG LEWOOD. COUNCIL MENIER HATHAWAY MOVED, AND IT WAS SECOIIIED, TO ~PPROVE RESOLUTION NO. 56, SERIES OF 1990, Ayes: Council Members Koltay, Hathaway, Wiggins, Bullock, Cl ayton , Haben i cht, Van Dyke Nays: None Motion carried. Hr. Dummer's appointment is effective hrmedhtely and shall expire tebruary 1, 1992. (111) An appointment to the Public Library Advisory Board was con• sidered. The resolut i on was assigned a number and read by t i tle: RESOLUTION NO . 57 , SER I ES OF 1990 A RESOLUTION APPOINTING JEFF DAVIS TO FILL A POSITION ON THE PUBLIC LIBRARY BOARD FOR THE CITY OF ENGLEWOOD. COUNCIL NENBER HATHAWAY MOVED, AND IT WAS SECONDED TO APPROVE RESOLUTION NO, 57, SERIE.S OF 1990. Ayes : Council Members Koltay, Hathaway, Wiggins, Bullock, Clayton, Habenicht , Van Dyke Nays: None Notion carried. Hr. Dav i s' appoint ment 1s effective inrned1ately and shall exp i re February I, 1993 . (1v) A reappointment to the Liquor Licensing Authority lijil.S con- sidered. The resolut i on was assigned a number and read by title: RESOLUTION NO. 58A , SERIES OF 1990 A RESOLUTION REAPPOINTING BOB BOARDMAN TO THE LIQUOR LICENSING AUTHORITY FOR THE CITY OF ENGLEWOOD. COUNCIL MENIER HATHAWAY MOVED, AND IT NAS SECON1JED TO APPROVE RESOLUTION NO. 58A, SERIES OF 1990, En,lawood City Council Ninutts Ju y 2, 1990 -P191 9 Ayes: Nays: Motion carried. Mr. Counc 11 Members Ko ltay, Hathaway, Clayton, Habenicht, Van Dyke None Boardman's term shall expire August 4, Wiggins, Bullock, 1993. (v) Council Me11ber Habenicht ment1oned two itetas: l) A letter has been received from the Centennial Lutheran Church concerning F1re Service Delivery. She stated all Council Members will receive copies. 2) She advised Council she would be presenting in the near future a resolution concerning Emergency Fire Sirens (draft copies were provided). 7. Pre-scheduled V1s1tors (a) Mayor Van Dyke pre~enti!d appolnt11ent cert Hicates and logo lapel pins to the newly appointed board members, Darryl Dummer and Jeff Oav1s . Ms. Cronk and Mr. Boardman were not present. (b) Colleen Caudl 11, Admlnlstrat Ive Services, presented the Worker's Compensation Award which the City of Englewood has received from CIRSA. Ms. Caudill explained that the award was presented for the City's outstanding ac- complishments In the management of loss prevention during 1989. ltr . Fraser accepted the award on behalf of the City, comnending the employees of the City for their concentrated efforts towards this end. Council Member Clayton su9- gested that a letter be sent to the City departments expressing Council s appreciation. (c) Kevin Sampson, RTO Board Member from Ada11s County, and Cameron Winder, RTD Board Member from Southeast Denver, were present and provided Council with a Community Rall Feasibility Study. Mr. Sampson offered to re- turn at some point in the future to discuss the matter further with Council. (d) Representatives from Southgate, South Arapahoe, and South Englewood Sanitation Districts were scheduled to be in attend~nce to recognize approval by the Districts of the Basin Interceptor Agreement [Agenda Item lO(c)]; 01- rector Fonda informed Council that due to the lateness of the meeting, those representatives were unable to remain. 8. Non-scheduled Visitors There were no non-scheduled visitors other than those who spoke concerning Agenda Item 6(a)(1) -see Page Nos. 4 & 5. 9. CCM1111Un1cations and Proclamations (a) COUNCIL MENIER HABENICHT MOVED, AND IT VAS SECONDED, TO DECLARE JULY 4, 1990, AS "LAKE CITY DAY.• Ayes: Council Members Koltay, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke Nays: None Motion carried. Mayor Yan Dyke will be attending Lake City's July 4th celebration and will present the Proclamation to off1c1als of Lake City . Ma.yor Van Dyke explained that lake Ci ty is Englewood's Sister City. Englewood City Council Minutes July 2, 1990 • Paga ID 10. Consent Agenda Coun,.11 Member Hathaway requested that Consent Agenda Item IO{b) be 111ithdrawn frow. the Consent Agenda. CO'JNCIL MEMBER CLAYTON MOVED, AND IT WAS SECDNDm, TO APPROVE CONSENT AGENDA lTEMS 10 (a), (c), AND (d) AS FOLLOWS: (a) ORDINANCE NO. 29, SERIES OF 1990 (COUNCIL BILL NO. 5.7 INTRODUCED BY COUNCIL MEMBER CLAYTON) ENTITLED: AN ORDINANCE AMENDING TITLES, CHAPTER 3C, SECTION 3, SUBSECTION C, ENGLEWOOD MUNICIPAL CODE 1985 , RELATING TO INTOXICATING BEVERAGES. (c) ORDINANCE NO. 30, SERIES OF 1990 (COUNCIL BILL NO. 31 INTRODUCED BY COUNCIL MEMBER WIGGINS} ENTITLED: AN ORDINANCE APPROVING THE BASIN INTERCEPTOR AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, SOUTHGATE SANITATION DISTRICT, SOUTH ARAPAHOE SANITATION DISTRICT, AND THE SOUTH ENGLEWOOD SANITATION DISTRICT NO. J. (d) ORDINANCE NO. 31, SERIES OF 1990 (COUNCIL BILL NO. 34 INTRODUCED BY COUNCIL MEMBER HATHAWAY) ENTITLED: AN ORDINANCE APPROVING A SUPPLEMENTAL CONTRACT BETWEEN THE CITY OF ENGLEWOOD AND THE STATE DEPARTMENT OF HIGHWAYS, DIVISION OF HIGHWAYS, FOR WIDENING OF THE SOUTH BROADWAY BRIDGE OVER •0 DRY CREEK BETWEEN CENTENNIAL AVENUE ANO RAFFERTY GARDENS. A,yas: Nays: Motion carrie'.l. Council Members Koltay, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke None REGARDING CONSENT AGENDA ITEM 10(8) COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO WITHDRAW ANO TABLE INDEFINITELY COUNCIL BILL NO. 22.1 llltICH WAS INAPPROPRIATELY APPROVED ON FINAL READING ON JUNE 18, 1990, AS CONSENT AGENDA ITEM lO(A) • A BILL FOR AN ORDINANCE CONCERNING PAVIN6 DISTRICT NO. 33 ASSESSMENTS. Ayes: Council Members Koltay, Hathaway, Wiggins, B•Jllock, Clayton, Habenicht, Van Dyke Nays: None Motion carried. (Clerk's note: See Agenda Iteir. 12(j), Page #Ji, fo,• sub - stitute action concerning this subject .) 11 . Public Hearing No public hearing w1s scheduled. J EngllWOOd C1ty Counctl M1nutes July 2, 1190 • Page 11 12 . Ordinances, Resolutions and Motions (a) Director Fonda presented a reco11111endation from the Utilities De• partment to approve the County li ne Landfl 11 Amended Connector's Agre11111nt . Mr. Fonda explained this Is an extension of the previous agreement for treat- 1111nt of leachate generated at the landfill . He recOlllllended extension of the contract t o expire August 20, 1995. Counc i l Member Habenlc '.1t Inquired If the contract addresses changes which may take place 1n ter11s of pretreatment stan- dards . Hr. Fonda assured her that the original contract requires the landfill to meet existing standards as well as any which are later passed by th• City or federal government . The City Clerk was asked to read Council Bill No. 37, entitled: COUNC I L BILL NO . 37 INTRODU CED BV COUNCIL HEHBER BULLOCK A BlLL FOR AN ORDlNANCE CONSOLIDATING THE AMENDMENTS TO AGREEMENTS BETWEEN THE CITV OF ENGLEWOOD, THE BOARD OF COUNT Y COHM[SSIONERS OF THE COUNTY OF ARAPAHOE AHO WASTE MANAGEMENT OF COLORADO, INC. COUNCIL MEMBER BULLOCK IIOYED, AND IT WAS SECONDED, TD APPROVE ON FIRST READING COtlNCIL BILL NO. 37, SERIES OF 1990. Ayes: Council Members Koltay, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Yan Dyke Nays: None Motion carried. (b) Ms. Pepper, Economic Deve l opment Coordinator, presented a rec011111en - dation from the Department of Community Development amending the 1990 General Fund Budget In the amount of $20,000 to provide adequate funds for the con- t i nuation of economic development program activities. Ms. Pepper informed Counci l that the Greater Englewood Chambe r of Colllllcrce recently pledged $2,000 as their share of the cost of the marketing brochure. A request ts being made to the Englewood Do111ntowr. Development Authority to assist tn the co11111unity assessment , by provid i ng funds for one -half of the $600 cost of the assess- ment. Council Member Hathaway commented that she feels there 1s an optimistic upswing 1n the bus i ness co mm unity for wh i ch she g ves credit to the activities of the Economic Development Coordinator . Sh e 1s of t he opinion this money Is well-spent an d should be appropriat1:,t . The resolution was assigned a number and read by t1t l e : RESOLUTION NO. 588, SERIES OF 1990 A RESO LUTION AMENDING THE GENERAL FUND 1990 BUDG ET. COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, 'l'O APPROVE RESOLUTION NO. 58B, SERIES OF 1990, Ayes : Nays : Motton carried. Council l'!embers Koltay, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke No ne Englewood City Council "lnutes July 2, 1990 -Page 12 (c) City Manager Fraser presented a recormiendatlon to adopt a resolu- tion approving the Collective Bargaining Agreement with the Englewood Em- ployees Association for 1991 and 1992 . "r . Fraser explained the contract car- ries a fixed increase cf 3i. There are minor language changes fron previous contracts; the only other economic change pertains to the uniform relmburse- 11111nt cost for safety shoes . The reso l ution was assigned a number and read by title: RESOLUTION NO . 59, SERIES OF 1990 A RESOLUTION APPROVING THE 1991 -92 COLLECTIVE BARGAINING CONTRACT BY AND BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND THE ENGLEWOOD EMPLOYEES ASSOCIA- TION, EFFECTIVE JANUARY 1, 1991 THROUGH DECEMBER 31 , 1992. COUNCIL MEIIBER CLAYTON NOVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO. 59, SERIES OF 1990, Council Member Habenicht asked Hr. Fraser to commen t for the record what the cost impltcations will be, both to the budget and to staffing levels, by the Increases being approved. Mr. Fraser explained that approximately $200,000 Increased costs for each year have been identified, Hr . Fraser explained fur - ther that the City 1s attempti ng to re -shape the way services are provided with great effort being made to maint ain and provide maximum service levels. He stressed the Importance of maintafo i ng a competitive compensation plan during this restructure . Vote results : Ayes: Nays : Motion carried. Council Members Koltay, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke None (d) A recommendat i on from the City Attorney to adopt a bill for an or- dinance approving a warranty deed conveying certain right-of-way for the City Ditch to the State Board of Land Commissioners was considered. (In accordance with the agreement with the City of Littleton permitting the relocation of the City Ditch for the Li ttleton Railroad Depression Project.) The City Clerk was asked to read Council B111 No. 33 , entitled: COUNCIL BILL NO . 33 INTRODUCED BY COUNCIL MEHBER HATHAWAY A BILL FOR AN ORDINANCE APPROVING A WARRANTY DEED CONVEYING CERTAIN RIGHT-OF- WAY FOR THE CITY DITCH TO THE STATE OF COLORADO, STATE BOARD OF LAND COtttlSSIONERS. COUNCIL MENIER 33 IIOVED, All) IT WAS SECONDED, TO APPROVE ON FIRST READIN8 COUNCIL BILL NO, 33, SERIES OF 1990. Ayes: Council Members Koltay, Hathaway, Wiggins, Bullock, Clayton, Habenicht , Van Dyke Nays: None 0 Englewood Ctty counc11 Mtnutes July 2, 1110 -Page 13 Motion carried. (e) A reco1111111ndatton from the City Attorney to approve a bill for an ordinance approving a quit cla im deed to Mo11tar Industries wu constdtrld. This ordinance 1s Intended to settle a boundary di screpancy regarding the property located at 2829 South Santa Fe Drive. The City Clerk was asked to read Council 8111 No . 3S, entitled: COUNCI L BILL NO. 35 INTRODUCED BY COUNCIL MEMBER KOLTAV A BILL FOR AN ORDINANCE APPROVING QUIT CLAIM DEED FOR A PORTJON OF THE REAL PROPERTY WEST OF 2829 SOUTH SANTA FE DRIVE . COUNCIL MDIBER KOLTAY NOYED, ANO IT IIAS SECONDED, TO APPROVE ON FIRST READIIII COUNCIL BILL NO. 35, SERIES OF 1990. Ayes: Counctl Members Koltay , Hattiaway, Wiggins, Bullock, Clayton , Habenicht, Van Dyke Nays : None Motion carried . (f) Mayor Van Dyke stated it ts the consensus of Ctty Counci l that the Ru l es of Order and Procedure of City Council requ i res further ~rafting. MAYOR VAIi DYKE NOVED, AND IT WAS SECONDED, TO TABLE AGENDA ITEII 12(f) TO JULY 18, 1!1110. Ayes: Nays: Motton carried . Council Membe r s Koltay, Hathaway, Wtggtns, Bullock, Clayton , Habenicht , Van Dyke None (g) A recoinendatton from the Ctty Attorney to accept by motion a deed of property from the Englewood Urban Renewal Authority was considered. The acceptance of the deed concludes the transfer of right-of-way for property located at approximately U.S. 285 and Cherokee Street (Englewood Parkway). COIMCIL HEHBER KOLTAY HOVED, AIID IT WAS SECONDED, TO ACCEPT THE WARRANTY DEED FRllfl THE ENGLE\1000 URBAN RENEWAL AUTHORITY FOR LAND LOCATED AT APPROXINATELY U.S. 285 ANO CHEROKEE STREET. Ayes: Council Members Koltay, Hattiaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke Hays: None Hotton carried. (h) A bi ll for an ordinance submitting to a vote of the qualified elec• tors of Englewood at the next scheduled regular municipal election an 1Nnd- ment to the Charter relating to age and residency requirements of Ctty Council was considered. The City Clerk was asked to read Council Bill No . 29, entitled: Eh,lewood City Council Minutes Ju y 2, 1990 -Page 14 COUNCIL BILL NO. 29 INTRODUCED BV COUNCIL MEMBERS HATHAWAY AND CLAYTON A BILL FOR AN ORDINANCE SUBMITTING TO A VOTE OF THE QUALIFIED ELECTORS OF THE CITY OF ENGLEWOOD i\T THE NEXT SCHEDULED REGULAR MUNICIPAL ELECTION PROPOSED Al'!ENDHENT TO THE CHARTER OF THE CITY OF ENGLEWOOD RELATING TO AGE AND RESIDEN- CY REQUIREMENTS OF Mf~BERS OF THE CITV COUNCIL. COUNCIL MEMBER HATHAWAY NOVED, AND IT IIAS SECOIIIED, TO APPROVE ON FIRST R[Al)- IN8 COUNCIL BILL NO. 29, SERIES OF 199D. Council Member Habenicht suggested a substitute council bill, explaining that her version accomplishes the same thing, providing two distinct questions each with a "yes" or "no• answer. She feels this version would be clearer to the voters than the one w1th three alternatives. After discussion of the proper procedure to accomplish this, COUNCIL NENBER HABENICHT MOVED, AND IT IIAS SECONDED, THAT COUNCIL Bill NO . i 1 BE AMENDED AND REPLACED BY COUNCIL BILL NO. 29.1. Ayes: Council Members Koltay, Hathaway, W1gg1ns, Bullo c~., Clayton, Habenicht, Van Dyke N-,s: None Notion to amend carried. Council Members Hathaway and Clayton agreed to J oi~ Council Member Habenicht as co-sponsors of Council B111 No. 29.1. The Cit, Clerk was asked to read Council Bill No. 29.l entitled: COUNCIL Bill NO. 29.1 INTRODUCED BY COUNCIL MEMBER HABENICHT, HATHAWAY, CLAYTON A BILL FOR AN ORDINANCE SUBMITTING TO A VOTE OF THE QUALIFIED ELECTORS OF THE CITY OF ENGLEWOOD AT THE NEXT SCHEDULED REGULAR MUNICIPAL ELECTION PROPOSED AMENDMENT TD THE CHARTER OF THE CITY OF ENGLEWOOD RELATING TO AGE AND RESIDEN• CY REQUIREMENTS OF MEMBERS OF THE CITY COUNCIL. COUNCIL NENBER HABENICHT HOVf.D, AND IT WAS SECONDED, TO APPROVE ON FIRST READ· IN& COUNCIL BILL NO, 29,1, SERIES OF 1990. Ayes: Cou ncil Members Koltay, Hathaway, Wiggins, Bullock, Clayton , Habenicht, Van Dyke Nays: None Motion carried. (t) Council Member Clayton offered a resolution adopting policy con- cerning the use of office supplies and city staff . The resolution was 1ss1g• ned I num!>er and read by title: RESOLUTION NO. 60, SERIES OF 1990 A RESOLUTION ADOPTING POLICY CONCERNING THE USE OF OFFICE SUPPLIES AND CITY STAFF BV CITY COUNCILPERSONS. Eng11WOOd City Council Minutes July 2, 1990 -Page 15 COUNCIL MENIER CLAYTON IIOVED, AND IT WAS SECOIIIED, TO APPROVE RESOLUTION NO. 60, SERIES OF 1990. COUNCIL MEMBER HABENICHT NOVED, ANO IT WAS SECONDED, THAT THE THIRD "WIIERW, EACH CITY COUNCIL RECOGNIZES THAT IT HAS NOT APPROPRIATED FUNDS TO HIRE CITY STAFF FOR COUNCIL SECRETARIAL USE, AND OOES NOT INTEND TO PROVIDE SECRETAIIIAL ASSISTANCE TO COUNCIL NENBERS, EXCEPT UPON AN OCCASIONAL BASIS" IE DELETED! THAT SECTJOfl 1 IE ANEIIIED TO READ: "THE CITY IIANAGER SHALL HAKE AVAILABLE TO ALL NENIERS OF THE CITY COUNCIL SUCH OFFICE SUPPLIES AS ME REASONABLY NEEDED TO CARRY 011T THE DUTIES OF CITY COUNCILPERSON, SAID OFFICE SUPPLIES TO INCLUDE PAPER, ENVELOPES, COMPUTER AND PHONE LINE, PRINTER AND APPROPRIATE SOFTWARE COMPATIBLE WITH THE CITY SYSTEMS, THE REASONABLE USE OF THE COPY MACHINE, AND OTHER SUPPLIES AS NAY IE REASONABLY REQUIRED FRON TINE TO TINE" (DELETIJII THE REST OF SECTION 1)1 AND THAT SECTION 2 IE ANEIIIED TO READ: "CITY SECRETARIAL STAFF WILL NOT BE AVAILABLE TO COUNCIL PERSONS FOR PRIVATE USE BUT ONLY FOR CITY BUSINESS WITHIN REASON" (DELETING THE REST OF SECTION 2). Council Member Habenicht expla1ned that she feels some 111e111bars of Council may require more secretar1al assistance than others and she does not want• par- t1cular policy which might Inhibit those council persons from getting the kind of staff ass i stance they need i n or der to accomplish their responsibilities. W1th her suggested changes, Ms. Habenicht feels the intent of the policy will be met. Counci l Member Clayton responded stating his intent1on of the policy stated 1n the resolution is •10~ crystal clear." He feels it is important to note that Council has not appropriated funds for secretarial staff. With regard to the rest of Council Member Habenicht's suggestions, he feels the resolution as wr1tten is perfectly clear and concise. He does not believe the citizens ex- pect Council to hire secretaries for their lnd1v1dual communicat1on needs. Council "'em ber Bullock stated he does not bel I eve the third "Whereas• adds any meaning t o the resolution. Regarding Section 2, he f i nds the secretarial staff invaluable when his schedule does not permit him to answer his cor- respondence. He would be in favor of keeping the $SO postage liait, but sees no reason to limit use of secretarial staff. Council's job is to be respon- sive to the voters and ne it her the manner nor the means should matter. Council Member Clayton stated again that the third "Whereas• speaks to the fact that Council has not appropriated funds nor directed the Ci ty Manager to prov1de secretarial staff. He further commented that there could be a dif- ference of opinion on "within reason.• He feels the description as stated 1n the resolution 1s quite clear as to what "with i n reason " means. Vote results on motion to amend: Ayes: Council Members Bullock, Habenicht Nays: Council Members Koltay, Hathaway, Wiggins, Clayton, Amendment fa1led. Van Dyke Council Member Clayton called for the vot e on the original motion . Vote results: Englewood City Counc11 Klnutes July 2, 1990 -Page 16 Ayes: Nays: Mot1on carried. Counc1l Members Koltay, Hathaway, Wiggins, Clayton, Van Dyke Council Members Bullock, Habenicht (j) Counc11 Member Hathaway presented as Agenda Item 12(j), Counc11 Bill No. 22, ask1ng that the Clerk read and ass1gn It an ordinance nulllber. ORDINANCE NO. 32, SERIES OF 1990 (COUNCIL BILL NO. 22 INTRODUCED BY COUNCIL KEMBER HATHAWAY) ENTITLED : AN ORDINANCE APPROVING THE WHOLE COST OF THE IMPROVEMENTS MADE WITHIN PAVING DISTRICT NO. 33, IN THE CITY OF ENGLEWOOD, COLORADO; APPROVING AIID CONFIRMING THE APPORTIONMENT OF THE COST TO EACH LOT OR TRACT OF LAND IN THE DISTRICT; ASSESSING A SHARE DF THE COST AGAINST EACH LOT OR TRACT OF LAND; AND PRESCRIBING THE HANNER FOR THE COLLECTION AND PAYMENT OF THE ASSESSMENT. COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE ON FINAL READIN6 ORDINANCE NO. 32, SERIES OF 1990. Ayes: Council Members Koltay, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke Nays: None Motion carried. 13. City Manager's Report (a) City Manager Fraser presented a recommendation to adopt a resolu- tion approv i ng the Collective Bargaining Agreement with the Englewood Police Benefit Association for 1991 and 1992. Mr . Fraser stated that the employees had ratified the agreement attached to the resolution . He encouraged Coun- cll 's consideration of the resolution which was assigned a number and read by title: RESOLUTION NO. 61, SERIES OF 1990 A RESOLUTION APPROVING THE 1991-92 COLLECTIVE BARGAINING CONTRACT BY AND BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND THE ENGLEWOOD POLICE BENEFIT AS · SOCIATION, EFFECTIVE JANUARY 1, 1991 THROUGH DECEMBER 31, 1992 . COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO, 61, SERIES OF 1990. Council Member Habenicht asked Mr. Fraser to comment on how far the City can go in terms of providing services with the salary Increases being proposed without some sort of increase in revenue . Mr. Fraser responded. He expJa1ned he has asked staff to prepare recommendations for the 1991 budget which match 95% of the 1990 budget. The reason be i ng the flat revenue picture against an Increasing expense picture. Until those recommendations are fully reviewed Hr. Fraser Is unable to provide an answer to Ms. Habenicht's question. E119llWOOd Ctty Council Minutes July 2, 1990 -Page 17 Discussion ensued about the 1991 budget and its presentment to Council by •~• City Manager. Mr. Fraser assured Council that ha will strive to make rec111,1- 11111nd1ttons that will provide a forum for significant poltcy decisions about where the City of Englewood Is headed in the future. Council Member Koltay inquired about Article 8 -Special Assignment shown on page 5 of the agreement. Hr. Fraser responded that the positions Included are those positions which are entitled to some additional compensation in the fona of extra credit hours or in the form of additional compensation on a monthly basis. These positions require extra time without the benefit of extra COll- pensation. Additional training Is necessary for these positions. Hr. Koltay asked for cl1rtfic1t i on of "Traffic Officer• as It relates to Special Assignment. Vote results : Ayes: Nays: Motion carried. Council Members Koltay, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke No"e (b) City Manager Fraser reminded Council that the employees annual pie• ntc is scheduled for July 14 at Belleview Park, commencing at 12 noon until 4:00 p.m. He also reminded Council of the Fourth of July celebration. Hr. Fraser was commended for his efforts toward this jointly sponsored event. (c) Ci ty Manager Fraser made a few additional c011111ents concerning h1s relocation in to Englewood, affirming the fact that he I~ Council's city nan- ager and plans to continue In that capacity for the foreseeable future. He stated that moving Into the connun1ty is as Important to him as It is to any- one else and he shares the value that comes with having the city 11an1ger be a part of the conmunity. He announced that he would be assuming his residency in Englewood around July 14th. He expressed appreciation for Council's ass !stance. 14. City Attorney's Report (a) Assistant City Attorney Grimm requested a motion to authorize the City Attorney to stipulate in the case Carpenter vs Cottle that the City of Englewood be dismissed from the case as 1t has no interest In the property. COUNCIL MENIER BULLOCK NOVm, AND IT WAS SECOlllEO, TO AUTHORIZE THE CITY AT• TORHEY TO STIPULATE IN THE CASE CARPENTER VS COTTLE THAT THE CITY OF EIIILEVOOD BE DISNISSED FRON THE CASE AS IT HAS NO INTEREST IN THE PROPERTY. Ayes: Council Members Koltay, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke Nays: None Motion carried . (b) Assistant City Attorney Grimm advised Council that this item (derelict vehicles) requires further drafting and is not being presented at th1s time. Enflewood City Council Nfnut.11 .Ju y 2, llto • Page 18 15. AclJOUl'IWent COUNCIL "DIIEl HATHMIAY IIOY£D TO ADJOURN. The Nttfng adjourned at 10 :10 p,■. ~ al~ y er