HomeMy WebLinkAbout1989-12-04 (Regular) Meeting MinutesI
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Ca 11 to Order
ENGLEVOOO CITY COUNCIL
ENGLEWOOD, ARAPAHOE COUNTY, COLORADO
Regular Session
Dec•ber 4, 11189
The regular 111eet1ng of the Englewood Ci ty Counc i l was called to order by Mayor
Van Dyke at 7:38 p.11.
2. Jnvocat1on
The Invocation was given by Council Hellber Koltay.
3 . Pledge of Allegiance
The Pledge of Allegiance was led by Mayor Van Dyke.
4. Roll Call
Present : Counc i l Members Hathaway, Koltay, Kozacek, Byrne,
Habenicht , Clayton, Van Dyke
Absent: None
A quorum was present.
Also present:
5. Minutes
City Manager Fraser
City Attorney DeWitt
City Clerk Cro111
Director Winkle , Library and Recreation
(a) COUNCIL NENBER l vZACEK IIOVED, ANO IT WAS SECONDED, TO APPROVE THE
NINUTES Of THE REGULAR NEtJ'JN6 Of NOVEMBER 20, 1989.
Council Member Habenicht questioned the statement in the mi nutes of November
20, 1989, reflect I ng that Counci 1 Member Clayton moved to cons Ider Agenda
Items 9 (fl, (g), and (h) separately . The Clerk offered to verify the maker
of the motion. (See page 3 for Clerk's ver i fication.)
Counc i l Member Habenicht requested that additional information be i ncluded in
the minutes of November 20 , 1989, relative to her motion to amend Agenda Item
9(g) -Ordinance adopting the budget of the City of Englewood, Colorado for
the fiscal year 1990 (Council Bill No. 38, Serles of 1989). That information
would follo111 her motion on Page 8 and would Include the following infomatlon:
Englewood City Council Minutes
Dec•b•r 4, 1989 -Page 2
Ms . Haben 1 cht felt 1t appropr I ate to 11 st her spe c If I c reasons
for propos i ng the above amend11ent and enumerated them as follows :
I . Englewood Pol Ice manning levels have been ap propr i ate to
the co11111unity's needs.
2 . Crime in Englewood is Increasing.
3 . There is evidence of gang activity In Englewood .
4. Pol i ce and fi r e protection is a primary concern of
bus i nesses.
5 . With increased cri me activity, fewer patrols can be spared
for residential patrol and for traffic patrol .
6. There is a rise In skinhead and satanist activity at Engle •
wood High School .
7. Citizens complain they are seeing fewer patrol s in residen-
tial areas.
8. Compared to other cities i n study, part one cr i me is high -
est i n Englewood.
9. Part one crimes increase with increased economic activity .
10 . Cuts, coupled with Increased crime demands affect public
re l ations (which i ncludes DARE, Operation ID , Neighborhood
Watch, etc .)
11. Of a 11 the compared cit i es that have more off I cers than
Englewood, all have more populat i on, and of those Thornton
had fewer part one crimes.
12 . Eng l ewood I s four t h In the number of part one crimes per
co11111issioned officer .
13 . The train i ng schedule alone accounts for one full t i me pa -
trol officer not assigned to patrol.
14 . During August, 1989 , 27i of police patrol t i me was ava i l -
able for routine patrol .
15 . Di r ector Stanley stated that 25-35% of police patrol time
available for rout i ne patrol was an appropria t e level , and
that 27% was approach i ng the low end.
16 . Lower response time for emergency calls can be explained by
officers go i ng from call to call in high cri mP. areas, which
could al so explain the higher response time for non emer-
gency calls -because there are fewer patrols available for
routine patrol .
17. Hanning levels for pat ro l were 55 in 85 & 86 ; 53 in 87; 52
i n 8&; 55 (not f ill ed) i n 89; and will be 49 In 90 (per
1990 budget).
18 . This reduction reduces time available for rout i ne patrol.
19 . We are engaged 1n efforts to Increase sales tax revenues;
which correlates to an Increase 1n part one crime activi ty.
ZO. The second rescue unit of the fire department has been down
1~ of the time over the past three months.
Zl. Council stated at budget retreat that i t would accept it
being down 5S of the time .
22. Down time Is due to a combination of manning and equ i pment .
23. We have many buildings which do not meet existing code.
24. Three additional personnel provide better flexlbil ity in
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Englewood City council Ntnut•s
O.c•btr 4, 1989 -Pap 3
scheduling than does the financial equivalent in overtime.
25 . The rescue equipment that has been out of service can be
put into service fro~ existing budget.
26 . Because of the stress of a dispatcher's job, job turnover,
and the a110unt of tillll! it takes to train a dispatcher, an
additional dispatcher could be a floater position, trainer,
back-up, and provide 1110re consistent dispatch service .
COUNCIL "EMBER KOZACEK MOOED HJS "OTION TO APPROVE THE MINUTES OF THE RE&lJ-
LAR NEETIN& OF NOVEMBER 20, 1989, WllH THE NOTED NIEHDMENTS.
Ayes: Council Men1bers Koltay, Hathaway, Kozacek, Byrne,
Habenicht, Clayton, Van Dyke
Nays: None
Abstain: None
Absent: None
Motion carried.
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CLERK 'S VERIFICATION OF DATA REGARDING CONSENT At\ENOA ITEMS 9 (fl, (g), and
(hl BEING CONSIDERED SEPARATELY AT THE NOVEMBER 20 , 1989 COUNCIL MEETING :
The minutes of November 20, 1989, correctly reflect the action taken by Coun-
cil. At the November 20, 1989, meeting, Council Member Kozacek moved to with-
draw Item 9 (g) from the Consent Agenda; before a second was made or action
taken , Council Member Habenicht moved to withdraw Items 9 {fl and {h); before
a second was made or action taken, Council Member Clayton moved, and it was
seconded by Council Member Kozacek, to consider Agenda Items 9 (fl, (g), and
(h) separately. Based on this infonnation, no a111endment was made to the mi -
nutes relative to the 1110tion to withdraw .
• * * * •
6. Pre-scheduled Visitors
There were no Pre-scheduled Visitors.
7. Non-scheduled Vis itors
{a) Hike Gruninger, Englewood Firefighters Association, inquired about
the shtus of the Fire Services Delivery Co11111ittee, stating he had been in -
formed that the conrnittee has been disbanded. City Manager Fraser 1nfor111ed
Mr. Gruninger that because of disagreement and discord at the previous meet-
ing, the ~eting scheduled for the week of December 4, 19B9, has been can-
celled; no decision to disband has been Nade. Council Member Kozacek stated
he had been i nfonned the co11111i ttee was disbanded. Discuss ion ensued. Hr.
Gruninger stressed the need for the continuance of the coniittee and stated
the firefighters did not wish to see the co11111ittee disbanded. Further discus-
sion ensued concerning the purpose of the comittee. Mr. Gruninger was as-
sured by Mayor Van Dyke that there is a strong interest on the part of Council
to receive and evaluate the reconnendations of the Fire Services Delivery
Co111111t tee.
EngllWOOCI City Council N1nutts
Otctllbtr 4, 19811 • Page 4
8 . Comnunlcat1ons and Procluatlons
(a) COUNCIL NENIEA HATHAWAY NOYEO, All> IT VAS SECOIIIED TO PAOCUIN THE
WEEK OF OECEJIIEA 10 THAOll6H 16, 1989, AS •DRUNK AHO DRUGGED DRIVING AWARENESS
WEEK." Council Member Hathaway encouraged citizens to participate in this
awareness week by tying a red ribbon to a visible location on their vehicles;
she stated that 7-Eleven stores are providing red ribbons upon request as a
pa rt of this awareness week. Vote results:
Ayes: Council Members Koltay, Hathaway, Kozacek, Byrne,
Habenicht, Clayton, Van Dyke
Nays: None
Abstain : None
Absent: None
Motion carried.
9. Consent Agenda
(a)
(b)
(c)
(d)
(e)
(f)
Minutes of the Career Service Board Special Hearings held on Oc-
tober 12 and November 1, 1989.
Minutes of the Englewood Downtown Development Authority ~eettng of
October II, 1989 .
Minutes of the Englewood Parks and Recreation Conrniss1on meeting of
November 9 , 1989 .
Minutes of the Englewood Publ 1c Library Board meeting of November
14, 1989.
Council Bill No. 41 for an ordinance approving the resubdivision of
Yale/Tejon Industrial Park and an adjoining unplatted parcel to be
known as Natkin Industrial Park.
Council Bill No . 43 for an ordinance approving a contract with the
Colorado Department of Highways on Santa Fe I~provements.
COUNCIL NENBEA KOZACEIC NOVED, AND IT WAS SECONDED, TO ACCEPT CONSENT AGENDA
ITEN S 9 (a) THROUGH (d),
Ayes: Council Members Koltay, Hathaway, Kozacek, Byrne,
Habenicht , Clayton, Van Oyke
Nays: None
Abs ta in: None
Absent : None
Mot i ot carried .
COUNCIL NE .. ER HATHAWAY MOVED, ANO IT WAS SECONDED, TO APPROVE CONSENT AGENDA
ITENS 9 (e) ANO (f) AS FOLLOWS:
(e) ORDINANCE NO . 36, SERIES OF 1989, INTRODUCED BY COUNCIL MEMBER
HATHAWAY, ENTITLED:
AN ORDINANCE APPROVING THE RESUBOIVISION OF A PORTION OF THE YALE-TEJON IN-
DUSTRIAL PARK AND TO SUBDIVIDE THE UNPLATTED PORTION OF THE SITE TO BE KNOWN
AS NATKIN INDUSTRIAL PARK .
(f) ORDINANCE NO. 37, SERIES OF 1989, INTRODUCED BY COUNCIL MEMBER
KOZACEK, ENTITLED:
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Entl.wood City Council Ntnutes
Decetlber 4. 1919 -Pave 5
AN ORDINANCE APPROVING FIRST SUPPLEMENTAL CONTRACT WITH THE STATE DEPARTMENT
OF HIGHWAYS IN CONJUNCTION WITH THE SANTA FE AND DARTMOUTH IHPROVEHENTS.
Ayes:
Nays:
Abstain:
Absent:
Hotton carried.
10. Pub1ic Hearing
Council Members Koltay, Hathaway, Kozacek, Byrne,
Habenicht, Clayton, Van Dyke
None
None
None
No public hearing was scheduled.
11. Ordinances. Resolutions and Notions
(a) Director Winkle presented a rec~ndatio11 from the Library a11d
Recreation Department to adopt a bill for an ordinance approving the letter of
agreement between the City and Cen tral Colorado Library System. Ms. Winkle
explained the ordinance would allow expenditure of previously approved federal
grant funds in the amount of $13,240 to purchase and Install hardware and
software for a CO-ROM Reference Center . Council Member Byrne complimented Ms .
Winkle and the Library staff for their efforts to keep on top of recent tech -
nology which benefit the library and the connunity It serves. The Clerk was
asked to read Council Bill No. 44, entitled:
COUNCIL BILL NO. 4G, INTRODUCED BY COUNCIL MEMBER HABENICHT
A Bill FOR AH ORDINANCE APPROVING AN AGREEMENT BETWEEN CITY OF ENGLEWOOD AND
CENTRAL COLORADO LIBRARY SYSTEM TO EXPEND THE FEDERAL GRANT FUNDS PREVIOUSLY
AWARDED TO THE CITY BY THE COLORADO STATE LIBRARY UNDER THE LIBRARY SERVICES
AND CONSTRUCTION ACT.
COUNCIL NEMBER HABENICHT NOVED, AND IT WAS SECOll>ED, TO APPROVE ON FIRST READ ·
lNG COUNCIL BILL NO. 44, SERIES OF 1989,
Ayes: Council Members Koltay, Hathaway, Kozacek, Byrne,
Habenicht, Clayton, Van Dyke
Nays: None
Abstain: None
Absent: None
Motion carried .
(b) City Manager Fraser presented a reco11111endation from the Util lties
D,~partment to adopt a resolution approving the proposed water rate increase,
which is to become effective January I, 1990 . Hr. Fraser explained that an
extensive presentation had been made by Director Fonda at the previous Council
meeting. He c011111ented the proposed increase Is the first Increase in water
rates in Englewood since 1978; he stated the increase is necessary to meet the
increased costs of providing the service and to meet the needs for future
capital expansion. The resolution was assigned a nulllber and read by title:
RESOLUTION NO. 66, SERIES OF 1989
Engl.-ood Ctty Counct1 Minutes
Dectllber 4, 1989 -Page 6
A RESOLUTION ESTABLISHING SCHEDULES FOR WATER SERVICE.
COUNCIL MEMBER HABENICHT MOVED, ANO IT WAS SECOfl>ED, TO APPROVE RESOLUTION NO.
6&, SERIES OF 1989.
Council Members Clayton and Habenicht stated their reluctant support of
Resolution No . 66; Council Member Hathaway suggested that an article be 1n-
cluded in the next Issue of The Citizen concerning the mer i ts of metering In
some situations; Council Member Kozacek stated he could not support the
Resolution as it addresses only increases for treated water users, not an in -
crease for untreated water users, and he was also opposed to deep well water
expansion; Council He~ber Byrne felt the algae control to be financed by this
increase will be advantageous to the quality of our water . Vote results :
Ayes :
Nays:
Abstain:
Absent:
Motion carried .
Council Members Koltay, Hathaway, Byrne, Habenicht,
Clayton, Van Dyke
Council Member Kozacek
None
None
(c) City Manager Fraser presented a recomiendation from the Administra-
tive Services Department concerning the establishment of premium rates for the
City's se ~f -funded medical and dental insurance and Comprecare insurance
plans. Hr . Fraser explained that the series of resolutions were necessary to
establish the rates for the various e~ployee groups wi thin the City. He fur -
ther explained that the rates in the past have been inadequate to meet the
costs of the program on an annual basis. The suggested rates represent an 871
increase in an attempt to address those accumulated deficits. After extensive
discussion concerning these rates, the first resolution was assigned a number
and read by title :
RESOLUTION NO. 67, SERIES OF 1989
A RESOLUTION APPROVING A BENEFITS PLAN SYSTEM FOR GENERAL SERVICES MANAGERIAL
ANO SUPERVISORY EMPLOYEES OF THE CITY OF ENGLEWOOD.
COUNCIL MEMBER CLAYTON MOVED, ANO IT WAS SECONDED, TO APPROVE RESOLUTION NO.
67, SERIES OF 1989 .
Council Member Habenicht stated she had serious concerns about supporting such
a high rate increase and would be voting against approval of Resolution No.
67.
Vote results:
Ayes:
Nays :
Abstain :
Absent:
Motion carried .
Council Members Koltay, Hathaway, Byrne, Kozacek,
Clayton, Van Dyke
Council Member Habenicht
None
None
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Englewood City Council Ntnutes
Deceaber •• 1181 -Page 7
The second resolution was assigned a number and read by title :
RESOLUTION NO. 68 , SERIES OF 1989
A RESOLUTION APPROVING A BENEFITS PLAN SYSTEM FOR CONFIOENTIAL ANf\· SECRETARIAL
EMPLOYEES OF THE CITY OF ENGLEWOOD FOR THE YEAR 1990 .
CotllCIL NEJIIER CLAYTON MOVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO.
68, SERIES OF 1181.
Counc i l Member Habenicht st1ted she had serious concerns about supporting such
a hi gh rate Increase and would be vot 1 ng against approval of Reso l ut ton No.
68 .
Vote results:
Ayes:
Nays:
Abstain:
Absent :
Motton carried .
Counc il Members Koltay, Hathaway, Byrne, Kozacek,
Clayton , Yan Dyke
Council Member Habenicht
None
None
The th i rd resolution was assigned a number and read by title :
RESOLUTION NO. 69 , SERIES OF I9e9
A RESOLUTION APPROV ING A BENEFITS PLAN SYSTEM FOR MANAGERIAL EMPLOYEES OF THE
CITY OF ENGLEWOOD POLICE DEPARTMENT FOR THE VEAR 1990 .
COUNCIL MEMBER CLAYTON HOYED, MID IT WAS SECONDED, TO APPROVE RESOLUTION NO.
69, SERIES OF 1989.
Council Member Habenicht referred to her prev i ous conrn &nts concerning her op -
position to th i s resolution .
Vote results:
Ayes :
Nays :
Abstain:
Absent:
Motion carried.
Council Members Koltay, Hathaway, Byrne, Kozacek,
Clayton, Yan Dyke
Council Member Habenicht
None
None
The next resolution was assigned a number and read by t i tle:
RESOLUTION NO. 70 , SERIES OF 198S
A RESOLUTION APPROVING A BENEFITS PLAN SYSTEM FOR MANAGERIAL ANO SUPERVISORY
EMPLOYEES OF THE CITY OF ENGLEWOOD FIRE DEPARTMENT FOR THE VEAR 1990 .
COUNCIL IIEMBER CLAYTON MOVED, ANO IT WAS SECOIIJED, TO APPROVE RESOLUTION NO.
70, SERIES OF 1989.
Englr.ood City Council Minutes
Dec:•ber 4, 1989 -P•g• B
Counc 11 Member Habenicht referred to hir prev i ous co11111ents .
Vote results:
Ayes:
Nays:
Abstain:
Absent:
Hot ion carried .
Counci l Members Ko l tay, Hathaway, Byrne, Kozacek,
Clayton . Van Dyke
Counci i ~ -~er Habenicht
None
None
The final resolution was assigned a number and read by t i tle:
RESOLUT ION NO. 71, SERIES OF 1989
A RESOLUTION APP.ROVING A BENEFITS PLAN FOR PE R!~.:.;,, ;;T , i ,"\R:· -TIME EMPLOYEES OF
THE CITY OF ENGLEWOOD FOR THE YEAR 1990.
COUNCIL NE.ER CLAYTON IIOVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO.
71, SERIES OF 1989 .
Co uncil Member Kozacek ~ommented that he was pleased to see th i s put into ef-
fect for the benefit of the part -t i me employees. Council Member Habenicht
explained, since this doesn't represent an i ncrease and does r epresent a new
benefit , she would support passage of the resolut i on.
Vote results :
Ayes:
Nays :
Abstain:
Absent :
Mot i on carr i ed .
Council Members Koltay, Hathaway , Kozacek, Byrne,
Haben i cht, Clayton, Va n Oyke
None
None
None
(d) COUNCIL NENBER CLAYTON NOYED, AND IT WAS SECONDED, TO TABLE AGENDA
ITEM ll(d) • A RESOLUTION AMENDING THE CITY OF ENGLEWOOD 1990 BUDGET.
Ayes: Counc i1 Members Ko ltay, Hathaway, :ozacek, Clayton,
Nays :
,,bsta i n :
Absent:
Motion carried .
Van Oyke
Council Members Byrne, Habeni cht
None
None
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Counc il Member Byrne stated she was ~orry th i s matter was tabled without dis -I
cussion . She explained the resolution would have rescinded Counc i l 's in-
surance for 1990 . C~uncll Member Hathaway responded that the main reason she
supported tabl i ng the resolution 11as because the current Council along with
the newly elected council persons had not had an opportunity to discuss the
matter together. She was of the op i nion the new members shoul~ be given the
opportun i ty to present and discuss their views before action is taken on the
matter.
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Englewoad City Council N1nutes
Decaaber •• 1919 • Pap t
Council Helllber Kozacek stated for the record, he Wilnted it shown H ,ilt ll! will
be applying for insurance for the allotted period of time after his te"" of
office is over . Further, If he transfers to Comprecare because f the cheaper
rates, it will cost $1,680. Prior to coaing aboard Council iln.i the City
paying part of the cost, he explained he was paying $1 ,189.80. Ht :t 1ted that
during the campaign there were a lot of misconceptions about the "hu gt , ast ro-
nomical raise• Council voted for the11selves ; he felt a comparison o f these
figures would show the difference of what was clal111ed versu . what the actual
cost Is if a oerson would have to pay the entire cost.
Discussion ensued relative to the proper procedure to modify the budget; Hr .
DeWitt stated the budget can be amended at any time by resolution. Ms . Byrne
informed Council that the resolution will be back on the agenda for the Decem-
ber 18th Council meeting. There was further discussion relative to the reco11-
mendations of the Council Compensation Co11111ittee.
(e) City Manager Fraser presented a reco111111ndation to adopt resolutions
approving the d.te o January 30, 1990 , as the date of the Special Election to
re 5ol ve wage i11pa u e matters for the Enghwood Police Benefit Assoc ht ion
(EPBA) and the Englewood Employees Association (EEA). Hr . Fraser pointed out
that in the resolution concerning EEA, there was redundant hnguage which
should be deleted prior to approval.
Council Member Habenicht inquired about time constraints for adding uther
i tems to the ballot . Hr . DeWitt explained there were significant problems
with respect to Charter amend111ent-type issues; with respect to advisory ques-
tions , he stated there were virtually no problems . The Charter amendment pro-
posed by Council l'i~11ber ({oltay changing the effect i ve date of terms of newly
e1ected council pers,ns was briefly discussed . Hr. Koltay strongly suggested
tha~ considaration be giv ~n to Including ot~st matters/issues on the special
elec d on ballot. Other items suggested for ~nclusion on t he special election
ballot i1•chlded Council i nsurance compensation. Mayor Va n Dyke suggested the
discussion on other ballot issues be dela;ed until action 1s liken concernin9
the date of the special election for the wage impasse matter s
The f i rst resolution was assigned a number and re a-, .t le:
RESOLUTION NO. 72, SERIES OF 1989
A RESOLUTION CALLING FOR A SPECIAL ELECTION PURSUANT TO SECTION 137:6, IMPASSE
RESOLUTION PROCEDURE , ESTABLISHED 8Y THE HOHE RULE CHARTER OF THE CITY OF EN-
GLEWOOD, RELATING TO THE ENGLEWOOD POLICE BENEFIT ASSOCIATION/FRATERNAL ORDER
OF POLICE LODGE 122.
COUNCIL NENBER CLAYTON NOVED, ANO IT IIAS SECONDED, TO APPROVE RESOLUTION NO.
72, SERIES OF 1989.
It was clarifiE.d that the EPBA ballot question no longer Includes the wage
issue, only the Senior Patrol Officer position.
Council Member Ko '!t a; stated he would be opposing the resolution because he
feels the date of ,1anuary 30, 1990 , is premature and does not provide enough
Englewood City Council Minutes
Dec:•ber 4, 1989 • Page 10
t ime for preparo1tton of other issues which could be included on U1e special
election ballot if the election were delayed a brief period of t ime.
Council Member Kozacek ct1ted he •,ould be opposing the resolution as he feels
we are disallowing wh ,' t1''! true negotiat i ons are all about by sepa r ating the
Issues on the ballot .
Vote result ~:
Ayes :
Nay s :
Abstain:
Absent :
:-lot ion tarried.
Council Me111bers Hathaway, Byrne, Habenicht , Clayton,
Van Dyke
Counc i l Me~bers Koltay, Kozacek
N1me
Nvne
r;:e second resolution was .:n lgned a number an t! read by title:
RESOLl'TION NO. 73, SERIES OF 1989
A RESOLUTION CALLING .OR A SPiClA L L.-CTION PURSUANT TO SECT!ON 137:6, IMPASSE
RESOLUTION PROCEDURE, [STABLISHEO B:· TllE HOME RULE CHARTER OF THE CITY OF EN -
GLEWOOD, RELATING TO THE ENGLEWOOD t:,~•tOYEES ASSOCIATION.
COUNCIL MEMBER CLAYTON MOVED, All> IT IIAS SECONDED, TO APPROVE RESOLUTION NO.
73, SERIES OF 1989. Council Member Clayton noted the redundant "Now , There•
fore, ... " on the second page of the Resolution, ask 1ng the Clerk to make ce r -
ta 1n the infonnat1on i s deleted .
Vote results :
Ayes:
Nays :
Abstain:
Absent:
Motion carried.
Council Members Hathaway, Kozacelt, Byrne, Habenicht,
Clayton, Van Dylte
Counc i l Member Koltay
None
None
Council Member Koltay referred to his previous comments abuut not supporting
the resolution because the date of January 30th does not permit enough time to
develop other items for the ballot . Another Charter issue he would like to
cons i der is the constitutional ity of the residency requirement ,
12 . City Manager's Report
Mr. Fra~er did not have any matters to bri ng before Council.
13. C1ty Attorney's Report
(a) Hr. DeWitt provided Council with copies of COWAN v . CITY OF ASPEN.
He expla i ned this case 1s the basis for Qucstionln~ the constitutionality of
Englewood's three-year residency requiretient. Mr . DeWl ·,:t stated he has asked
the Attorney General for an opinion on t his su~ject and wi ll keep Council In-
formed 1f and when he does receive a reply. He suggested that Council Member
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Englewood Ctty Counctl Ntnut,s
Dec•ber 4, Hit -Page 11
Koltay's suggestion that a Charter amendment be offered repealing this section
may be an appropriate manner to proceed. He offered to preparP. an ordinance
with an emergency chuse referring this mattn to the people ·t the January
30, 1990, special election.
COUNCIL MENIER KOLTAY IIOVED, ANO IT IIAS SECONDED, TO DIRECT THE CITY ATTORNEY
TO PREPARE AN ORDINANCE ON All EIO&ENCY BASIS TO SUIIIIT TO TH£ ELECTORATE A
CHARTER ANEJIINDIT CffAN&lllli THE THREE-YEAR RESIDENCY REQUIREMENT TO ONE-YEAR
RESIDENCY REQUIREMENT.
Ayes:
Nays:
Abstain:
Absent:
Hoti on carried.
Council Mellbers Koltay, Hathaway,
Habenicht, Clayton, Van Dyke
None
None
None
Kozacek, Byrne,
The motion ~ade at the previous Council meeting directing the City Attorney to
seek Declaratory Judg111ent from District Court was mentioned. Council Member
Hathaway stated she would accept the opinion of the Attorney General concern-
ing the residency requirement issue.
(b) Hr. DeWitt transmitted a summary of Title IS of the Englewood
Municipal Code 1985, entitled Health, Sanitation and Environmental Protection,
for Council's review. Mr. DeWitt proposed this be submitted to the Planning
and Zoning Connisslon for their review.
(c) Hr. DeWitt reported to Council that Swedish Corona Cooperative has
declared Chapter II; the City has provided them with water taps and the situa-
tion wil l be carefully scrutinized.
(d) A report entitled "Recycliq Works" published by EPA was shared
"'lith Council. Mr. DeWitt felt this report was very comprehensive and would
provide Council with alternatives.
(e) A report concerning cone violations at 35S1 South Washington Street
was given.
14. General Discussion
(a) Mayor's Cho i ce
(i) Mayor Van Dyke explained that by Charter, the swearing in of
new council persons occurs at 8:00 p.m . on the first Monday after January I,
1990, which date would be January 8, 1990. She, therefore, proposed the
foll owl ng:
MAYOR YAN DYKE MOVED, AND IT IIAS SECOfllED, TO SCHEDULE THE FIRST NE£TIN& OF
1990 ON IIONllAY, JANUARY 8, 1990, TO LE&ALLY NEET CHARTER REQUIREMENTS FOR THE
SWEARINli IN OF NEIILY ELECTED COUNCIL NEIIIERS.
Ayes: Council Melnbers Koltay, Hathaway, Kozacek, Byrne,
Habenicht, Clayton, Van Dyke
Nays: None
EngllWOOd City Council N1nutes
DecNber 4, 1189 -Page 12
Abstain: None
Absent: None
Motion carried.
(II) A resolution concerning mass transit facilities along the
Santa Fe Corridor was considered. Mayor Van Dyke explained the need for the
City to establ i sh a position concerning the prioritization of specific transit
projects In relationship to the funding availability proposed by the
Metropol Han Transportation Development Co11111I ssion (HTDC), a task force re-
cently appointed by Governor Romer to address the Improvements in transporta-
tion over the next 20 years . The proposed resolution encourages the RTD Board
to continue to support the Santa Fe Corridor as a high priority, and Ms. Van
Dyke wishes to present the resolution at RTD's board 111eeting on December 5,
1989. The resolution was assigned a number and read by title:
RESOLUTION NO . 74, SERIES OF 1989
A RESOLUTION PROCLAIMING THE CITY'S CONTINUING CONCERN FOR £.ARLY CONPLETION OF
MASS TRANSIT FACILITIES ALONG THE SANTA FE CORRIDOR.
MAYOR VAN DYKE MOVED, AIII IT WAS SECOIIIED, TO APPROVE RESOLUTION NO. 74,
SERIES DF 1989.
Ayes:
Nays:
Abstain:
Absent:
Motion carried .
Council Members Koltay, Hathaway,
Habenicht, Clayton, Van Dyke
None
None
None
(b) Council Member's Choice
Kozacek, Byrne,
(i) A resolut i on concerning the purchase of a ladder truck in 1990
was presented by Council Member Kozacek. The resolution was assigned a number
and read by title:
RESOLUTION NO . 75, SERIES OF 1989
A RESOLUTION REQUIRING THE PURCHASE OF A NEW LADDER TRUCK IN 1990 FOR THE CITY
OF ENGLEWOOD AND AMENDING THE 1990 BUDGET.
COUNCIL NEMBER KOZACEK NOVEO, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO.
75, SERIES OF 1989,
Council Member Kozacek stated for the record the adverse affect not purchasing
a ladder truck would have on insurance ratings. Other cuts in fire service
will also negatively affect the evaluation for the Insurance ratings. He ex-
plained that the purchase of the ladder truck was originally approved at the
budget retreat In 1988, for later purchase, but that decision was overturned
by staff due to budgetary problems. He noted that the resolution would •u-
thorize the foY'IIIUlatlon of specs, allow the city to go out for bid, and then
allow Council to decide on the 111eans of funding. He urged Council to pursue
ttle purchase of a hdder truck a this time.
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Engll!IIOOCI Ctty counc:tl Nlnutts
Dtc•btr 4, 1!189 -Page 13
After discuss i on , COUNCIL MENIER HATHAWAY IIOVED, AND IT WAS SECONDED, TO MENO
SECTIONS 3 AND 4 OF RESOLUTION NO, 75 TO REFLEl'.;T AN ANOUHT NOT TO EXCEED
$400,000 (INSTEAD OF $375,000).
Ayes : Counci l Members Koltay, Ha t haway, Kozacek , Byrne,
Habenicht, Clayton , Van Dyke
Nay s: None
Abstain : None
Absent: None
Motion carried; Resolution No . 75 du l y a•nded .
COUNCIL NEIIIER HATHAWAY NOVEO, AND IT WAS SECONDED, A SECOtl> NIDOIOO TO
RESOLUTION NO. 75, ADDING A SECTION 5 TO READ: THAT STAFF SHOULD PURSUE AlfY
NETHODS OF F11111N6 UP TO AND INCUIOIN& FULL APPIOPRIATION, l<IND FIIIIING, OR
AHY OTHER NEAICS NECESSARY TO FACILITATE THE PURCHASE OF THIS TRUCK IN AN
AIIOUNT N01 TO EXCEED $400,000.
Discu ~slon ensued concerning substituting the word •acqui si tion" for the word
"pur chase "; t hi s change was agreed to by the makers of the 1110t t on. Al so
~1r eed to was the substitution of t he word "best " for the word "any ", result-
inQ in a revised 110tlon as follows :
C1'~1L MENIER HATHAWAY MOVED, AND IT WAS SEC:otlDED, A SECONO AJIEtl)NENT TO
R[S(iLIITION NO. 75, ADOIM A SECTION 5 TO READ: THAT STAFF SHOULD PURSUE THE
BEST NETHOOS OF FUNDING UP TO All> JNCLIIOING FULL APPROPRIATION, BOND FUNDIN&,
OR MY OTHER NEANS NECESSARY TO FACILITATE THE ACQUISITION OF THIS TRUCK N A
ANOllfT NOT TO EXCEED $400,0 0.
Before voting , the various flnancia i means of acqu i r i ng the truck were di s-
cussed . Hr . Fraser, for clarifi cation , asked i f it was Council Member Hath -
away's in t ent that staff have the oppo r tun i ty to br i ng to Counc i l whatever is
the most f i nancially advantageous means of acqu ir ing the vehicle ; Ms. Hathaway
conf i rmed that was indeed her i ntent .
Vote results :
Ayes : Council Members Koltay , Hathaway, Kozacek , Byr ne,
Haben ic ht , Clayton, Van Dyke
Nays : None
Abstain : None
Absent : None
Motion carried; Reso l ution No. 75 duly amended a second ti me .
Mayor Van Dyke asked that Counc i l present their positions relat i ve t o ar rova l
of Resolution No. 75 as amended. Aft1 ,r those statements were made , th e vote
result s were:
Ayes : Counc i l Members Hathaway , Kozacek, Haben i cht
Nays: Counc i l Members Koltay, Byrne, Clayton , Van Dyke
Abstain: None
Absent : None
Hotton and Resolution No . 75, Series of 1989, defeated .
Englewood City Council Ninutes
Deceaber 4, 1111 -Page 14
Council Member Kozacek stated his disap ~,intment in the defeat of this motion
and urged Council to continue pursuit of the 111atter. Appreciation was ex -
pressed to former Chief Hamilton for bringing this matter to Council's atten -
tion. It was shted that the rr.atter still needed considerable revie1o1 which
wil 1 be undertaken when the reco11111endat ions from the f i re Services Del i very
Cornittee are received.
(11; A council bill for an ordinance submitting to the electors a
Charter amendllM!nt with regard to co11111encement of terms of office of newly
elected council persons was considered. The Clerk was asked to read Council
Bill No. 45, entitled:
COUNCIL Bill NO . 45, INTROOUCED BY COUNCIL MEMBER KOLTAY
A BILL FOR AN ORD INANCE SUBHITTING TO A VOTE OF THE QUALIFIED ELECTORS QF THE
CITY OF ENGLEWOO'', COLOAAOO, AT A SPECIAL MUNICIPAL ELECTION TO BE HE LD ON
JANUARY 30, 19 90, PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ENGLEWOOO
TO CHANGE THE BEG I NNING OF THE TERMS OF COUNCILHEMBERS ELECTED .
COUNCIL NDIIER KOLTAY NOVED, Afll IT WAS SECONDED, TO APPROVE ON FIRST READING
COUNCIL BILL NO. 45, SERIES OF 1989.
Mr. DeWitt con flnne d that changing Section 22 of the Home Rule Charter would
in no way affect tenns of office of current councilpersons . Th~ makers of the
mot ion agreed to substitute the word "councilperson" throughout Counc i1 Bi 11
No. 45 i nstead of the words •councilmen• or "councilmembers.•
The ve rbi age was questioned, and it was determined that the question posed for
the ballot is appropriate
The proposed wording of Section 22 of the Home Rule Charter, If this amendment
is approved, was questioned by City Manager Fraser. Mr . DeWitt stated the
wording as proposed provided an historic perspective and established the stag-
gered terms when the Char er was adopted in 1958.
The Clerk was asked to r ead for clarification the wording which 1o1ill appear on
the ballot:
Ms. Crow Gtated the question will appear on the ballot with a "F OR " and
"AGAINST" select i on and be worded as follows :
"Shall Section 22 of Art i cle III of the Englewood Home Rule Charter be
amended to allow the terms of Councilpersons to begin at 8:00 p.m. on the
day of the next regularly scheduled City Council meet i ng after the
election?"
Council Member Koltay called for the question; vote results:
Ayes: Council Members Koltay , Hathaway, Kozacek , Byrne.
Habenicttt, Clayton. Van Dyke
Nays: None
Abstain: None
Absent: None
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Entlewood Ctty tounctl Minutes
Oectaber C, 1989 -Pat• 15
Mot i on carried.
(Ill) Council Member Clayton presented sev eral items :
(1) Mr. Clayton announced that t he City's reso l ution to amend the Na -
tional League of Cities (NLC) Pol i cy C~ittee's resolution failed; however
he asked for support of City Council c.oncerning his application to be ap -
pointed to NLC's policy steering c011111ittee . The financial l•~llcations would
be three trips per year to attend cOll!littee nieetlngs. He stressed the l~por -
tance of advancing the Ci t y 's position regard •~g EnglelllOOd 's participation In
the Lowry Landfil l, sewage sludge probleMs, w~ste-11 anagl!lllent problems, etc .
NAVOR VAN DYKE NOV ID . All) IT WAS SEcONDr ;:, TO PROMOTE COUNCIL NENBER CLAYTON'S
APPLICATION FOR APPOINTMENT TO THE ENEk,W ENVIRONMENT Alt, NATURAL RESOURCES
POLICY STEERINI CONNJTTEE OF NATIONAL LEAGUE Or CITIES.
Ayes :. Council Mewrs Koltay , Hathaway, Habenicht, Clayton,
Nays:
Abstain:
Absent:
Mot Ion carr i ed.
,an Dyke
None
Coun c q Members k~-~acek, Byrne
Nnne
(2) Ir. Clayton c!'ll!lllented that it appears to hi m that Hr . Robb i ns , At -
torney fr · Bi -City WastE:water Treatment, is reco11111endln9 that the Cl ty urge
settl ement cf the di mlnl ml s proposal. The matter was discussed with a con-
sensus of opinion that the City Manager and City Attorney will prepare a pol i-
cy statement for the Mayor's s ignature in response to Mr . Robbins' requ est .
(3) With regard to the recoomendatlons from the Council C0111pensation
Coam i ttee , to refresh everyone 's memory , Mr. Clayton rud those reco11111enda -
t i ons as fol l ows :
I . Englewood Municipal Code/Charter Change
The Committee Members agree that there should be a Code
change concerning salary and benefit increases.
Each area needs to be specifically defined, i .e .,: salaries,
benefit, emolument, etc . wi th no automatic salary lncruse . Sal-
ary and benefit reviews should be set up at des i gnated intervals ,
to supersede any more ten (IO) year de 1 ays In increases . ( Th h
should also specify no Increase of benefits for current tenn of-
ficers .) A special rev i ew board of c i tizens is recommended to
either draft this ordinance change with legal counsel access or
to review any amendment that legal counsel has drafted .
Anti if need be, carry the process a step further to amend the
Ci ty Charter with a vote to the cit i zen~.
2 . Insurance Benefits
Englewood City Council N1nutes
Dec-■r 4, 1981 -P11• 15
a. It i · · · by making
1 nsu ers with
t • rem u11s
on y uate.
b. C011111ittee Member Allen feels that by voting insurance
for current Council b~ current Council was an illilal
act and I therefore I s ou l d be rec a 11 ed with the ity
being reimbursed for all premiums '1!aid. If this was
done and insurance coverage was vot in for the next
City Council, he would recomend that City Council
Members be given the opportunity to part it i pate but
they would have to p~y 10°" of the premiums.
Majority opinion did not feel It was their charge to decide the
legality of Council approval or U$e City funds to hire an outside
attorney to do so as 11uch as i t was to determine if Englewood Is
out of 1 ine with the benefits they are currently providing for
City Council. The majority also felt that a legal opinion had
already been rendered by the City Attorney on the issue of
Insurance.
Another asp ect discussed was the value, tf any, In attracting
quality undldates . As you have read In the minutes of August
30th, there are some that believe insurance coverage is a drawing
card for those concerned citizens who might not otherwise feel
they could afford the 20-40 hours per week that Council/City
business takes away from their job~. As a con, it should not be
so appealing that people would want to run because of the salary
and benefits level but because they are interested in the City
and improving it.
With reference to the third item -Computer/Dedicated Phone Lines , Hr . Clayton
stated no recorrmendation had been offered . Hr . Clayton also stated there were
no other recommendations of the co11111lttee. In light of the committee's
recorrmendatlons, quoted above,
COUNCIL MEMBER CLAYTON IIOVED, AND IT WAS SECONDED, TO DIRECT THE CITY IIANA6ER/
CITY ATTORNEY TO PREPARE AN ORDINANCE NII/OR CHARTER CHAN6ES NII TO PROVIDE
IDEAS ON HOW THE RECOIIIOOATIONS NADE BY THE COIIIITTEE CAN IE IMPLEMENTED;
FURTHER TO BRING THOSE RECOIIIENOATIONS BACK TO COUNCIL FOR FURTHER DISCUSSION
I
Council Me11ber Habenicht op i ned that as this was• very sensitive, lllll)ortant, I
and controversial issue It should be taken up with the newly elected council-
persons. She felt it important to have the opportunity to discuss the matter
fully with them. Mr. Clayton clarified that he was not s~ggesting that this
be settled before the new mellbers are swom in, but only suggesting that staff
be directed to prepare documents which give Council a point to begin that dis-
cuss i on. Whether or not these rec011111endations would require Charter changes
was discussed.
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EngllWOOd City Counc11 Minutes
Dec•bcr •• 1919 • Pat• 17
Council Member Byrne stated she was In f1vor of having the issue go before a
vote of the people. She addressed the issue of single coverage versus family
coverage explaining that since sonie members of Council had single coverage and
some had family c<?ver•agf1, in essence SOiie 111embers were rec el v1 ng 1110re compen -
sation than others. Sl1e felt this reflected an essential unfairness In co11-
pensation. Sh~ also stated she would be in favor of some revlftl of salary.
Council Mc!!".ber Clayton stated he felt the proposed motion would cover Ms.
Byrne's st ated concerns.
Council Member Koltay 1greerl that this w1s a very sensitive Issue; he co11-
mented that the citizenry had been given the opportunity to question this is -
sue at several public raeetlngs. He stated that this was the first tirae he had
heard conaents by Ms. Byrne that explained her position on this matter. He
felt Mr . Clayton's motion would provide a means to consider adopting the pl a~
suggested by the Compensation Co11111lttee and at the same tine would bring the
tssue fonrard for further discussion and an ultimate decision. He too felt
the new ·t y elected councilpersons should be included in any discussion of this
matter.
f'.ounc11 Member Kozacek questioned the process of a ten-year ev ;,,luatlon of
Council's salaries, stating this could result in some councilperso,1s receiving
more salary than others even though they are serving during the same time
period.
Mayor Van Dyke agreed that this would serve to get things moving in a positive
direction and would support the motion.
Council Member Clayton called for the question; vote results:
Ayes: Council Members Koltay, Hathaway,
Nays:
Abstain :
.,bsent:
Habenicht, Clayton, Van Dyke
None
None
None
Hotion carried.
Kozacek, Byrne,
(Iv) Council Member Byrne thanked City Attorney DeWitt for his
report and efforts regarding the code enforcement problem at 3551 South
Washington Street.
(v) Council Member ii abenicht ad\ .sed Co:;nc11 she would provide
them with a full report on her attendance at the recent National League of
Cities conference at a later date.
15. Adjournaent
COUNCIL NENBER KOZACEIC MOYEO TO ADJOURN. The raeetlng adjourned at 10:22 p .. •