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Home My WebLink About1989-09-05 (Regular) Meeting MinutesI I EMGLEWOOO CITY COUNCIL EIIGLEWOOO, ARAPAHOE COllfTY, COLORADO Regu1ar Session se9teaber !i, 1989 i he regular meet i ng of the Englewood Ci ty Council was called to order by Mayor Van Dyke at 7:41 p .m. l. ta 11 to Order 2. Invocation The invocation was given by Council Member Koltay . 3 . Pledge of Allegiance l he Pledge of Allegiance was led by Mayor Van Dyke . 4. Roll can Present : Counc i l Member s Hathaway , Ko l tay, Koza t ek, Byrne, Haben i cht , Clayton , Van Dyke Absent : None A quorum was present. Also presen t: City Ma nager Fraser Assistant City At t orney Gr i mm City Clerk Crow 5. Minutes (a) COUNCIL "El'BER KOZACEK IIOVED, ANO IT WAS SECONDED, TO APPROVE THE "INUTES Of THE REGULAR NEETIN& Of AUGUST 21, 1989, Ayes : Council Members Koltay , Hathaway , Kozacek, Byrne, Clayton , Van Dyke None Counc i l Member Haben icht None Nays : Absta i n: Absent : Hotion carr i ed . 6 . Pre-scheduled Visitors (a) Jan Andrews, representing Meals -on -Wheels, thanked Council for its support and contribution of $2,000 in 1989, and requested thit Counc i l con - sider increasing that amount for 1990. She expla i ned the nee~ for local sup- port, stating that Heals -on-Wheels operates without federal or state funds . En~lewood City Council Minutes SeptNlber 5, 1989 -Page 2 Ms. Andrews responded to several quest ions. Mayor Van Oyke assured Hs. An- drews that Council will do whatever possible to ass ist this program. (b) Gordon Madonna, President of the Englewood Police Benefit Assocla-I t l,:n (EPBA), read from ,1 prepared statement addressed to Mayor Van Dyke and me ~be rs of Council, conrernlng the status of negotiations and the City's posi- t io n t hat funds were not available to meet the requests of EPBA . Hr. Madonna, on ~~half of the members of EPBA, took exception to this position. Hr. Madon- na en umerated several instances of spending that, In their opinion, did not confirm this lack of funds. He informed Council that the department lacked ~roper training and adequate equipment to perform their duties. He requested ~h at Council reconsider Its position. Hr. Madonna provided Council with cop- 1•~ of his prepared statement with various graphs attached regarding training, departmental turn over, salaries, etc. 7. Non-scheduled Visitors There were no non -schedu 1ed visitors. 8. C011111unicai ,on ., a1,,; ~roclamations (a) Davi d tllavac, Executive Oirector of Colorado Seat Belt Network, announced that the Englewood Pol Ice Department had been selected to receive the Si 1 ver Bue kl e Award . He expressed the Network's appreciation for the City's corrmitment to seat belt safety in Englewood. He presented the awar d to Act i ng Police Chief Stan l ey and a Certificate of Appreciation to Off i cer Madonna. (b) COUNCIL MEMBER HATHAWAY MOVED, AHO IT WAS SECONDED, TO ACCEPT WITH DEEP REGRET FRED VOLKEMA'S RESIGNATION FROl4 THE PLANNING AND ZONING COllltJSSION EFFECTIVE AUGUST 23, 1989. Ayes: Council Members Koltay, Hathaway, Kozacek, Byrne , Habenicht, Clayton, Van Dyke Nays: None Abstain: None Absent: None Motion carried. (c) COUNCIL NENBER KOZACEK NOVED, AND IT WAS SECONDED, TO PROCLAIM THE CAUSE OF THE CANCER AWARENESS FOUNDATION, INC., AND "WALKING WILLIE" TO PRO· MOTE THE SINPLE MESSAGE FOR CITIZENS OF COLORADO AHO THE CITY OF ENGLEWOOD THAT THE CURE RATE FOR C~~ER IS VERY HIGH IF CAUGHT IN ITS EARLY STAGES, AS A HUMANE AND CONPASSIONATE CAUSE. Ayes: Council Members Koltay, Hathaway, Kozatek, Byrne, Motion Nays: Abstain : Absent: carried. 9 . Consent Agenda Habenicht, Clayton, Van Dyke None None None I I I En9lewood City Council Minutes Septeaber 5, 1989 -Page 3 (a) Minutes of the Englewood Downtown Development Authority meeting of August 9, 1989. {b) Minutes of the Englewood Liquor licensing Authority meeting of Au- gust 2, 1989. (c) Minutes of the Englewood 0 arks and Recreation Co11mission meetings of July 13 and August 10, 1~89. (d) Minutes of the Englewood :"l ann1ng a,,d Zoning Co11miss1on 11eeting of August 22, 1989 (e) Minutes of the Englewo od Publ ir Library Board meeting of August 8, 1989. COUNCIL NEN8ER KOZACE.K MOVED, ANO .'1 WAS SECONDED, TO ACCEPT CONSENT AGElllA ITENS 9 (a) THROUGH (e). Ayes: Council Member , Koltay, Hathaway, Kozacek, Byrne, Habenicht, Clayton, Van Dyke Nays: None Abstain: None Absent: None Hot ion carrir •. 10. Public Hearing No public hearing was scheduled. 11 . Ordinances, Resolutions and Notions (a) City Manager Fraser presented a reconmendation to adopt a resolu- tion establishing November 7, 1989, as the date of a special election to resolve the Englewood Fmployee Association impasse. Hr. Fraser explained that the impa ss e procedure had been followed, that resolution had not been reached on the issue of wages for 1990, and tha , the Englewood Employees Association was requesting a special election to resolve the dispute. The Resolution was assigned a number and read by title: RESOLUTION NO. 49, SERlE S OF 1989 A RESOLUTION CALLING FOR A SPECIAL ELECTION PURSUANT TO SECTION 137:6, "IH· PASSE RESOLUTION PROCEDUR E" ESTABLISHED BY THE HOME RULE CHARTER OF THE CITY OF ENG LEWOOD, RE LATING TO E GLEWOOD EMPLOYEES ASSOCIATION . COUNCIL MEMBER CL ~ ' VED, ; n IT WAS SfCOll>ED, TO APPROVE RESOLUTION NO. 49, SERl~S OF 198~. ,, was conf i r~ed that the date set for the special elec- tion , November 7, 1989, was the same date of the regular municipal election. \/ote results: Ayes: Nays: Abstain: Absent: Motion carried. co,,nc i l Members Kol tay, Hathaway, Habenicht, Clayton, Van Dyke None None None Kozacek, Byrne, Englewood City Council Minutes Sept•ber 5, 1989 -Page 4 (b) City Manager Fraser presented a reconnendation to adopt a resolu - tion establishing November 7, 1989, as the da te of a special election to resolve the Englewood Police Benefit Association Impasse . Mr. Fraser ex- plained that the impasse procedure had been followed, that resolution of the I Senior Patrol position had not been reached, and that EPBA was requesting a special election to resolve that issue. Mr . Fraser stated It Is the City's contention that the total package, which would Include both Issues, 1.e., wages and the addition of the Senior Patrol position, be submitted to the electorate. Officer Madonna, speaking from the audience, asked to speak to chat matter. Mayor Van Dyke informed Mr. Madonna that it would not, at this point, be i n order. The resolution was assigned a number and read by title: RESOLUTION NO. 50, SERIES OF 1989 A RESOLUTION CALLING FOR A SPECIAL ELECTION PURSUANT TO SECTION 137:6, "IM- PASSE RESOLUTION PROCEDURE" ESTABLISHED BY THE HOME RULE CHARTER OF THE CITY OF ENGLEWOOD, RELATING TO THE ENGLEWOOD POLICE BENEFIT ASSOCIATION/FRATERNAL ORDER OF POLICE LODGE #22. Council Member Kozacek asked Assistant Attorney Grinm if it would be proper to invite Officer Madonna to speak to the issue. Hr. Grimm advised it would be permitted if the other members of Council did not object. No object i ons were raised; Hr. Madonna was invited forward. Hr. Madonna informed Council the EPBA objected to the Resolution as written since the Association had agreed to accept the wage reco111T1endation of the Career Service Board . Their interpreta- tion of the Charter, from which Hr. Madonna quoted, was that only the issue not agreed upon should be l 1sted as a ballot question. After considerable discussion, Hr . Madonna was informed that based on the legal opinion of the City Attorney, the ent i re package would be shown on the ballot. Vote results: Ayes: Council Members Kozacek, Byrne, Habenicht, Clayton, Van Oyke Hays: Council Members Koltay, Hathaway Abstain : None Absent : None Motion carried . Further discussion ensued; Council Members Koltay and Hath- away both stated their reasons for voting against the resolution, explaining I that they did not object to the setting of the special election, but t hey d id object to the cumbersome wording of the ba 11 ot quest ion. Ms . Hathaway a 1 so felt that Council should consider the legal position as presented by the As- sociation's counsel. 12 . City Manager's Report Hr . Fraser did not have any matters to bring before Counc i l . 13. City Attorney's Report I I Englewood City Council Minutes SeptNber s. 1989 -Page 5 Hr . Grirrwn did not have any matters to bring before Council . 14 . 6enera1 Discussion (a) Mayor's Choice (t) Mayor Yan Dyke took this opportunity to express gratitude to Mr . Fraser for hts accomplishments during his first six months as City Man - ager. She stated the evaluation process had been complt t ed 1,i th resounding results . She further connented that Mr. Fraser was ent husi astic, innovative, and that she looked forward to his continued employment a~ City Manager. (b) Council Member 's Choice ( i) Council Member Habenicht stated she would be sp un soring a resolution at the next Council meeting in support of O~nver Re gi onal Council of Government's 15th anniversary of the car pool prograr.·. Ms. Habenicht expressed concern about the letter sent to Arapahoe County Com- missioners regarding the State Highway Work Program. However, she stated she has been assured by the City Manager that the work program ts tentative. Ms. Habenicht wholeheartedly concurred in the Mayor's comments regarding Hr. Fraser. (ii) Council Member Byrne also agreed with the co11111ents Mayor Yan Dyke had made regarding Hr. Fraser; she felt he li ad brought new vigor to the Englewood City government. (i Ii) Council Member Clayton referred to a r ,;,ccnt request of City Attorney DeWitt regarding the lawsuit brought ag~1nst the City by Hr. Hayden . COUHCIL MEMBER CLAYTON MOVED, AND IT WAS SECONDED, TO ALLOW THE CITY ATTORNEY TO DEFEND THE CITY IN THE MATTER. HAYDEN v CITY OF ENGLEWOOD, ETAL. Ayes: Council Members Koltay, Hathaway Kozacek, Byrne, Habenicht, Clayton, Yan Dyke Nays: None Abstain: None Absent : None Motion carr i ed . Hr. Clayton di stributed copies of a proposed ordinance concerning licensing of food vendors. He stated that Di rector Winkle, Department of Library/ Recreation, had expressed some concerns which ha will be discussing with the City Attorney. He explained the ordinance would permit licensing of food carts or vendors, both in the parks and on the streets of the Ci ty. Hr. Clay- ton asked for Council's input concerning this ordinance. Regarding the bike path in the vicinity of Safeway, Hr. Clayton suggested that staff do minor repair work to prevent drainage from the street onto the path which causes a hazard during the winter months . En9ltw00cl Ctty Council N1nutes Sept .. ber 5, 1989 -Page 6 Mr . Clayton expressed appreciation to Hr . Fraser , stating he felt the City was making real progress . (iv) Council Member Kozar.ek agreed with the comments which had I been made abo ut Mr. Fraser ; he felt i t impcrtant to clarify that Mr . Fraser's recent increase in salary should not be c 1.m sidered a raise, as It was part of the pre-e11ployment contract to whic h c-,uncil had agreed prior to Mr. Fraser accepting the position . (v) Council Member Hathaway stated she too was pleased with Mr. Fraser's perform1nce as City Manager; she also stated she fel comfortable with the present administration . She complimented Hr . Fraser on his swift actions to resolve m1tters before they became serious problems. (vi) Council Member Koltay stated h;i was in agreement with Council in their regard for Mr. Fraser, comnenting that Mr . Fraser's performance has been overwhelming. 15. Adjournaent COUNCIL MEMBER KOZACEK MOYEC'i ·;o N.'-JOURN. The 111eeting adjourned at 8:48 p.:n. I