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HomeMy WebLinkAbout1989-12-18 (Regular) Meeting MinutesI I ]. Call to Order DICLEWOOO CITY COIIICIL ENGLEWOOD, ARAPAHOE COI.IRY I COLOUDO Regular Session Decaber 18, 1989 The regular meeting of the Englewood City Council was cal~ed to order by Mayor Van Dyke at 7:40 p.m. 2 . Invocation The Invocation was given by Counci l Mellber Koltay. 3 . Pledge of Allegiance T~@ Pledge of Allegiance was led by Mayor Van Oy~e . 4. Roll Call Present: Council Members Hathaway, Ko l ~ay, Kozacek, Byrne, Habenicht, Clayton, Van Dyke Absent: None A quorum was present. Also present : S. Minutes City Manager Fraser City Attorney DeWitt City Clerk Crow Director Wanush, Cor.nunity Development Director Winkle, library/Recreation Services Di rector Fonda, Utilities/WWTP Director Barthlome, Adm i nistrative Services (a) COUNCIL MENIER lOZACEIC MOVED, AND IT IIAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR MEETING OF OECDIIER 4, 19119. Ayes: Council Members Koltay, Hathaway, Kozacek , Byrne, Habenicht, C'layton , Van Dylc e Nays: None Abstain: None Absent: None Motion carried. 6 . Pre-scheduled Visitors Englewood City Council Nlnutes Decablr 18, 1181 • Page 2 (a) Tamara Lyon, Englewood High School, was not present as scheduled. (b) Steve Neyer, Chairman of the Holiday Lighting Conmtttee, assisted by City Clerk Crow, presented ribbons to the winners of the 1989 Holiday Lighting contest as follows: OLO ENGLEWOOO HO LIDAY 1st 4078 South Li ncoln Street (Randahl and Ta11111i Headley) 2nd 4724 South Kalamath Street (Patty Flint) 3rd 4301 South Bannock Street (Cathy Burrage) TRADITIONAL/RELIGIOUS 1st 3820 South Galapago Street (Lynette Warren) 2nd 3201 South Cherokee Street (Jim and Bonnie Brown) 3rd 2971 South Emerson Street (Hr. and Hrs . Dwight Latham and Barbara) ANIMATED HOLIDAY 1st 3270 West Grand Avenue (Patricia Lobb) 2nd 3115 South Bannock Street (Hr. and Mrs . Francis J. Keough) ARTISTIC/BEST LIGHTING 1st 3247 West Plmlico Avenue (Jason and Jeff Hagan) 2nd 4301 South Elati Street (Thom Berube) 3rd 4348 South Elati Street (Herbert E. Soderstrom) EXCEPTIONAL USE OF PREMISES 3730 South Elatt Street (Robert and Ann Eldridge) 4312 South Jason Street (William P. Neyer) 4303 South Fox Street (Ellen Burns) 4466 South Delaware Street (Tamy Sweeney) 900 West Tufts Avenue (John and Jenn i fer Pi etras) 4990 South Elati Street (Richard Kloewer) 4491 South Bannock Street (Phillip T. Sinrns) 4640 South Washington Street (Kay and Tom Blunk) 4030 South Sherman Street (Carol Castor-Ekwall) PARTICIPATION APPRECIATION 3150 South High Street (James Harlott) 277~ South Clarkson Street (Merle F. Hake) 2711 South Bannoc k Street (George A. Van Vleet) 3709 South Galapago Street (D. H. Spangler) I Mr. Neyer also presented ribbons to 11etllber · of Council, expressing his ap-I preciation for their support. He was complimented on the success of the 1989 Holiday Lighting contest. Mr. Neyer shared credit with several City employees and various citizens for assisting him in this project, namely LuAnne Mickel- son, Jerrell Black, Jim Kavlnsky, Gertrude Welty, Dorothy Romans, Merle and Opan Doane, Don and Beryle Styes, Sherri Gully, Connie Fortner, and Debbie Neyer. 7. Non-scheduled Visitors I I Englewood City Council Minutes Deceaber 18, 1981 • Page 3 (a) Eugene Noman, 4239 South Galapago Street, provided Council wi th detailed i nfol"lllatlon for a grant to explore nunierous direct i ons of thought and experi11ents which he felt would be of benefit to ••nkind. It was explained to Hr. Noman that the City did not provide sponsorship or funds for pr i vate ir.- ve nt l ons or enterprises. (b) Jerry Greenwald, KWIK -Way Cleaners , thanked Council for the opp or- tunity of providing the City with uniform clean i ng services during 1989 . He co111111ented upon the dedication of the employees of the City . (c) Ken Waechter, 3127 West Tufts Avenue, expressed several concerns about fire services, especially for the Centennial are • He specifically asked about the status of the 11utual a1d agreement with :.h r id1n, the closure of the federal Fire Station, the lack of maintenance of he fire equipment, the dec i sion not to purchase the ladder truck, etc. He also Inquired whether the City Council was considering privitlzatlon bids for •H cue units. 11r. Fraser infomed Mr. Waechter that It is his understanding f r ,,' staff that that possibility Is being reviewed but that no decision has been ■ade. Nr. Fraser confirmed th1t an offer by a private ambulance service had been made ; however that offer had not been so l icited by the City. Mr. Waechter Inquired If the Ci ty was proposing to charge citizens for rescue services; 11r . Fraser stated that no proposal has been ■ade to change the current ordinance which charges non -citizens a transport fee. Hr. Waechter strongly suggested that City Coun - ci l hold a publ i c meeting to hear di rectly from all citizens about what kinds of f i re and police services are expected. With reference to the Sheridan Mutua l Aid agreement, 11r . Fraser conmented that he had not been advised of any changes; he offered to check into the matter in light of Mr . Waechter and Counci l Member Kozacek 's conrnents. Maintenance priv1tizatlon was d i scussed ; Hr. Waechter felt the City was not 1dequately maintaining its equipment. Problems which may ar i se as a resu l t of the number of employees who have left the City for employment ~lsewhere was discussed. (d) Alice Allen, 2973 South Santa Fe, Space No . 56, comented that the fi re Department had responded al11ost Immediately · o a f i re at their mobile home . She wl shed to express thanks for thl s excellent service. She en - couraged Council to mike sL ~: the Fire Dep1rt111ent continued to have the proper equipment and adequate manpower to continue prov1dtng service s imilar to what she had received last July. Mayor Van Dyke assured 11s . Allen that City Coun- cil was very interested In maintaining the best service possible for the ci tizens of Englewood . Ms . Al l en also thanked Counci l for its past support of the Conrnunity Develop • ment Bl ock Grant, stating her area has been upgraded primarily due to the Ci ty's partic i pation In previous grants. 8 . C01111Untc1tlons and Procluatlons There were no conmunlcatlons or proclamations to consider. 9. Consent Agenda Englewood Ctty Council Minutes Decaber 18, 1989 -Page 4 (a) (b) (c} (d) (e) ( f) (g) (h) (1) Minutes of the Bo1rd of AdJust111ents ind Appeals meeting of November 8, 1989 . Minutes of the Career Service ~oard 11eetlng of November 16, 1989. Minutes of the regular Election C~isslon 11eetlng of Septelllber 26, 1989, ind the conference c1ll meeting of October 5, 1989. Minutes of the Englewood Downtown Develol)llll!nt Authority meeting of November 8, 1989. Minutes of the Fire Retlre111nt Board meeting of Novetaber 2, 1989 . Minutes of the Liquor Licensing Authority 11eetlngs of November I and 15, 1989. Minutes of the Police Retiretnent Board meeting of December 12, 1989. Council 8111 No. 44 for 1n ordinance approving the letter of agree- ment betwter. the City and Centr1l Colorado library System to expend previously awarded federal grant funds. Counc 11 8111 No. 45 for an ord I nance submi tt 1 ng to a vote of the electorate a Charter a111endment changing the effective time for new - ly elected Council Members to t1ke office. COUNCIL MEflBER HATHAIIAY NOVED, Afll I! WAS SECONDED, TO ACCEPT CONSENT AGENDA ITEflS 9 (a) THROUGH (g). Ayes: Council MeMbers Koltay, Hathaway, Kozacek, Byrne, H1benicht, Cl1yton, Van Dyke Nays: None Abstain: None Absent: None Hotton carried. COUNCIL MEMBER CLAYTON NOVED, AND IT WAS SECOll>ED, TO APPROVE CONSENr AGENDA ITEMS 9 (h) ANO (1) AS FOLLOWS: (h) ORDINANCE NO . 38, SERIES OF 1989, INTROOUCEO BY COUNCIL MEMBER HABENICHT (COUNCIL BILL NO. 44), ENTITLED: AN ORDINANCE APPROVING AN AGREEMENT BETWEEN CITY OF ENGLEWOOD ANO 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 CON · STRUCTION ACT. (I) ORDINANCE NO. 39, SERIES OF 1989, INTRODUCED BY COUNCIL HEMBER KOL - TAY (COUNCIL BILL NO. 45), ENTITLED : I AN ORDINANCE SUBMITTING TO A VOTE OF THE QUALIFIED ELECTORS OF THE CITY OF . , ENGLEWOOD, COLORADO, AT A SPECIAL HUNICIPAL ELECTION TO BE HELD ON JANUARY 30, 1990, PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ENGLEWOOD TO CHANGE THE BEGINNING OF THE TERMS OF COUNCILPERSONS ELECTED. Ayes: Nays: Abstain : Absent : Council Melllbers Koltay, Hathaway, Kozacek, Byrne, Haben i cht, Clayton, Van Dyke None None None I I Englewood City Council Ntnutes Dec:lllber 18, 1981 -,age 5 Hotton carried. 10. Public H11rtn9 (a) Mayor Van Dyke announced the purpose of the Public Hearing 1 s to consider proposed aaendments to the Englewood Municipal Code 1985 reg.irdtng the Sign Code. COUNCIL MENIER HATHAWAY NOVm, NII IT IIAS f'"'COM>m. TO OPEJI THE PUBLIC HEAIJNG TO CONSIDER PROPOSED MENDtlEHTS TO THE ENGL -.. :uoo IIUNJCIPAL COOE 1985 REGARDIIII THE SIGN COOE. Ayes: Nays: Abstain: Absent: Hotton carried. Council Members Ko lt ay, Hatha1tay, Habenicht, Clayton, o n Dyke None None None Kozacek, Byrne, Direct~r Wanush, duly sworn, provided proof of publ ~cation of the notice of public hearing which appeared in the Englewood Sentinel on November 30, 1989. Hr . Wanush provided i nformation concerning the proposed 1111endments to the Sign Code which is incorporated into the Zoning Ordinance of the City of Englewood and regul.ites the location, size and nuMber of signs throughout the co11111unity . He stated the intent of the Sign Code ts to balance the needs of individual businesses, the needs of safety, and the co11111unity at large. He enumerated the various proposed changes in the Sign Code, stating many were of a house- keeping nature. The three ma ,n changes being proposed are: 1) Higher density residential districts to be separated from the single and two-family residential distr ic ts in terms of regulation; 2) Joint ID signs to be permitted when two or more adjacent property owners decide to have a single s•·:"I which would reflect all the businesses; and 3) The manner in which sign .ireas are c.ilculated. Currently each side of a two-sided sign is counted; it is recommended that only one side be counted. Hr. Wanush responded to questions, advising Council that the proposed amend - ments had been reviewed by The Greater Englewood Chamber of Connerce . The changes had been submitted to all licensed sign contractors in the City; pre - sentations had been made to the Englewood Downtown Development Authority and to the Governmental Affairs Cllf'llllittee of the Englewood Chamber of Commerce , and that favorable responses had been rece iv ed. Hayor Van Dyke asked if there w~s anyone 1n the .iud1ence who wished to speak concerning the proposed a111endments. Bob Denny, duly sworn, stated he represented Broadway Amoco , 2990 South Broad- way. He stated he had been told to take down the wind signs in front of his business which had resulted in a substantial business loss. He Informed Coun- cil that he had counted at least 30 similar signs along Broadway which had not been taken down, and felt the code was not being enforced fairly. [nglNOOd City Council NthutH Decttl>er 11, HH -Page II Mr. Wanush ihted that the type of signs mentioned by Hr. Denny is n<!t cur· rently pemitted nor is there a change proposed. Lack of enforceinent of the Sign Code was discussed; however, 1t was concurred that this complaint should be dealt with as a separate issue, not as• part of the public hearing. Mr. Wanush agreed to review Mr. Denny's complaint. No further testimony was offered. COUNCIL NEMIER HATHAWAY NOYEO, AND IT WAS SECONDED, TO CLOSE TH£ PUBLIC HEARING. Ayes: Nays: Abstain: Absent: Motion carried. Council MeNbers Koltay, Hathaway, Kozacet, Byrne, Habenicht, Clayton, Yan Dyke None None None (b) COUNCIL MEMBER CLAYTON NOYED, AND IT WAS SECONOED, TO APPROVE A&EN- DA ITEN lO(b) (COUNCIL IJLL NO. 40), ENTITLED: ORDUWIC[ NO. 40, SERIES OF 1919 AN ORDINANCE MENDIN& TITLE 16, CHAPTER 4, SECTION H, EH&LEWOOD IUIICIPAL COD[ 1985, COMPREHENSIVE ZONING ORDINANCE, llE&ARDING THE SIGN CODE. Ayes: Council Members Koltay, Hathaway, Kozacek, Byrne, Habenicht, Clayton, Yan Dyke Nay .s: None Abstain: None Absent: None Motion carried. 11. Ordinances, Resolutions and Notions (a) Director Winkle, Llbrary and Recreation Services, presented a reco11111endation from t~e Englewood Public Library Board to adopt a bill for an ordinance .pproving an agreement for Library Services between Englewood Public Library and the Arapahoe Library District. Ms. Winkle explained this service would expand the range of library resources for the citizens. The Clerk was asked to read Council Bill No. 49, entitled: COUNCIL Bill NO. 49, INTRODUCED BY COUNCIL MEMBER HABENICHT A BILL FOR AN ORDINANCE APPROVING AGREEMENT BETW[H, THE ENGLEWOOD PUBLIC LIBRARY AND ARAPAHOE LIBRARY DISTRICT TO PROVIDE l T8 !-¼AY SERVICES FOR RESI - DENTS OF BOTH JURISDICTIONS . COUNCIL NDIIER HABENICHT NOYED, AND IT WAS SECONDED, TO APPROVE ON FIRST READ- ING COUNCIL BILL NO. 49, S~RIES OF 1989. Ayes: Council Members Koltay, Hathaway, Kozacek, Byrne, Habenicht, Clayton, Van Dyke Nays: None Abstain: None Absent: None Motion carried. I I I I EntllWDOd City Council Ntnute1 Dlclllber 18, 1181 -Page 7 (b) Director llanush, Department of COIIIIUnlty Develol)llent, presented a reconwnendatlon to adopt a resolution approving the application for a 1990 Com - munity Development Block Grant. Mr. Wanush explained the application was for $454,500 ~hich would allow the City to foll01111 through on two ■aln projects In which the City hu been Involved for a nulllber of years -rehabilitation of single family housing units ($290,000), and replacing and rehabilitating mobile home units for WHERE, Inc. ($145,000). He comented upon the low rate of default (31') which exists In this program. He provided In format Ion to Council about the outstanding balance, ~xplalnlng that S4 .9M had been received from various sources for purpose of housing rehab, and of that total SI. 75H (351' of the total) Is considered a receivable of one kind or another. Of that 351', 29" or S837 ,000 is receivable to the City and Is being returned at an appro ~lmate rate of $17,000 annually . Hr . Wanush further explained the pro - cess of 1 leos, etc . Funds appropriated for adlllnl st rat Ion purposes were explained. Council Member Clayton requested conflr■atton that none of the units to be rehabilitated are units owned by the Housing Authority, City, or any of Its agencies. Hr. Wanush agreed to investigate and report on the matter. Mr. Clayton exp i alned he felt the funds should be used to assist citizens In the City, not a Housing Authority fund source. Hr . Wanush stated that t he Urban H0111estead Program was not included in this grant request as add i tional i nformation Is necessary . This will be presented to City Counc i l at a later time. The resolution was ass i gned a number and read by title: RESO LUTION NO. 76, SERIES OF 1989 A RESOLUTION AUTHORIZING THE CITY OF ENGLEWOOO, THROUGH ITS DEPARTMENT OF COM - .1 UNITY DEVELOPMENT, TO FILE AN APPLICATION FOR A SINGLE-PURPOSE SMALL CITIES COMHUNITY DEVELOPMENT BLOCK GRANT TO FUND THE HOUSING REHABILITATION PROJECT FOR THE CITY OF ENGLEWOOD, COLORADO, AND FOR ADOPTION OF THE CITIZEN PAR- TICIPATION PLAN. COUNCIL NEIIIER KOLTAY NOVm, MD IT WAS SECONDED, TO APPROVE RESOLUTION NO. 76, SERIES OF 1949. Mr. Koltay responded to Hr . Clayton's question regard i ng use of funds, stati ng he understands that the $290,000 is not for rehabilita- tion of properties of tne Housing Authority. Ayes: Council Members Koltay, Hathaway, Kozacek, Byrne , Nays: Abstain '. Absent: Hot 1 on ~ .. r rled. Habenicht, Clayton, Van vyke Nooe None None (c) City Manager Fraser provided tnfomatlon concerning the review of the half-cent sales tax increase and notice of that rev i ew as called for by Ordinance No. 61, Series of 1987. l'lr. Fraser stated that during the r11vlew and establishment of the 1990 budget, Council had taken Into cons i deration Englewood City Council Minutes D•c•ber 18, 1989 • Page 8 revenues to the City which Included the half-cent sales t1x, and, therefore, had camplied with Ordinance No. 61, 1987. Council Member Hathaway clarified that it has becOffle necessary to incorporate the half-cent sales tu as revenues for the 1990 budget, and read into the record the following connents from the staff analysis concerning this matter: "Due to the City's stagnant economic conditions, the 1990 budget adopted by City Council reflects those conditions in that all but a minor portion of 1990 revenues were appropriated and the revenue associated with the .5 sales tax rate has become an Integral part of the 1990 budget.• Ms. Hatha.,,ay wanted the business conmun v to know that Council ts, and 11ill continue t o r iview this tax. The resolution was assigned a number and read by title: RESOLUTION NO. 77, SERIES OF 1989 A RESOLUTION GIVING NOTICE OF REVIEW OF SALES TAX COUNCIL NEMER HATHAWAY MOVED, AND IT WAS SECOtllED, TO APPROVE RESOLUTION NO. 77, SERIES OF 1989. Council Member Byrne suggested it may be possible to reduce the tax to .4 and still meet budget requirellll!nts, which would show the business co11111unity that Council is listening to their concerns. \ate resul s: Ayes : Nays: Abstain: Absent: Motion carried. Council Hell!bers Koitay, Hathaway, Kozacek, Byrne, Habenicht, Clayton, Van Dyke None None None (d) City Manager Fraser presented a recommendation to adopt four sepa- rate resolutions establishing pay rates for 1990 for the various r.ianagerial and confidential employees. He recolfflM!nded for 1990 a 31 wage increase, com• menting that current salaries for this group of employees are generally below I the median. He reconnended wages for the supervisory, managerial and con-I fidential employees be increased by 3' with a concomitant co11111it111ent to fur - ther review these salaries in 1990 to make certain the City has an equitable . pay plan for this group of e~ployees. Council Member Kozacek stated he would be abstaining f rom voting on these In- creases as he was not in attendance during the discussion's concerning this matter. Discussion ensued concerning •pay for perfonnance .• I I Englewood Ctty Counc:11 Ntnutes Dec:•ber 18, 1989 -Paget The first reso l ution was assigned a number and read by title : RESOLUTION NO . 78, SERIES OF 1989 A RESOLUT ION APPROVING A COHPENSATION PLAN SYSTEM FOR CONFIDENTIAL ANO SECRETARIAL EMPLOYEES Of THE CITY OF ENGLEWOOD FOR THE YEAR 1990 . COUNCIL NENBER CLAYTON NOVED, AN> IT WAS SECOlllED, TO APPROVE RESOLUTION NO. 78, SERIES OF 1989. Council Member Habenicht expressed concern about increasing salar i es while revenue s are decreasing . She stated she would support the ra i ses, but felt we needed t o cont i nue monitoring the situation. Counc i l Member Koltay stated he felt the wage Increases for the 111an1gerial and confidenti al employees should be In keeping with that Increase being offered by Council to other einployees, explaining this would be less confusing to the electorate who are being asked to decide wage matters at the upcOllllng Specia l Election . COUNCIL MEMBER KOLTAY MOVED, NII IT IIAS SECONDED, TO MEND SECTION l OF RESOLUTION NO. 7B, SERIES OF 1989, REDUCING THE IIAGE INCREASE FRCIN n TO 2.n. After extens i ve discussion . ---•e results on the motion to amend were: Ayes: Co~. Melllbers Koltay, Hathaway Nays: Counc1l Members Byrne , Habenicht, Clayton, Van Dyke Absta i n: Council Member Kozacek Absent : None Motl ~n to amend failed . Vote results on approval of Resolution No . 78, !.;,r·les of 1989: Ayes: Counc i l Member! Byrne, Habenicht, Cl ayton, Van Dyke Nays: Council Members Koltay, Hathaway Abstain : Counc i l Member Kozacek Absent: None Motio n carried. The second resolution was assigned a number and read by title : RESOLUTION NO . 79, SERIES OF 1989 A RESOLUTION APPROVING A COMPENSATION PLAN SYSTEM FOR MANAGERIAL EMPLOYEES Of THE cnv OF ENGLEWOOD POLICE DEPARTMENT FOR THE YEAR 1990. COUNCIL MENIER CLAYTON MOVED, AN> IT WAS SECONDED, TO APPROVE RESOLUTION NO . 79, SERIES OF 19B9. COUNCIL NENIER KOLTAY NOVED, NII IT IIAS SECOll>ED, TO MDII SECTION l OF RESOLUTION NO. 79, SERIES OF 1989, REDUCING THE NACE INCRE.ISE FRON 31 TO 2.71 . Mr. Koltay st;oted he offered this amend111ent for the s1me reasons stated previously. EnglMIOOd Ctty Council Minutes DecNber 11, 198!1 -Page 10 Vote results on the motton to 1111end were: Ayes: Counc i l Members Koltay, Hathaway , Byrne Nays : Counc i l Members Habenicht, Clayton, Van Dyke Abstain: Counc i l Member Kozacek Absent: None Motion to amend failed. Vote results on approval of Resolution No. 79, Se , ies of 1989: Ayes: Council Members Byrne, Habenicht, Clayton, Van Dyke Nays: Co~~til Members Ko l tay , Hathaway Abstain: Council Member Kozacek Absent: None Motion carr i ed. The third resolution was assigned a number and read by title: RESO LUTION NO. 80, SERIES OF 1989 A RESOLUTION APPROVING A COMPENSATION PLAN SYSTEM FOR GENERAL SERVICES MAN - AGERIAL AND SUPERVISORY EMPLOYE ES OF THE CITY OF ENGLEWOOD FOR THE YEAR 1990. COUNCIL MEMBER CLAYTON MOVED, AND IT WAS SECONDED , TO APPROVE RESOLUTION NO. 80. SERIES OF 1989. COUNCIL MEMBER KOLTAY NOVEO, NIJ IT IIAS SECONDED, TO AMEND SECTION 1 OF RESOLUTION NO . 80, SF~IES OF 1!189, REDUCING THE WAGE INCREASE FRON 3~ TO 2.7%. Aga i n, Mr. Koltay ,;omented that he 111s offering this amendment for the same rea sons he had prf,vious l y stated. Vot u results on lh e mot i on to a~nd were: Ayes : Council Mellbers Koltay, Hatha11ay, Kozacek, Byrne Nays: Council Members Habenicht , Clayton, Va~ Dyke Abstain : None Absent: None Mot i on to amend carried . Countil Member Kozacek stated he had voted , not abstained, because "manager i al staff is a lot higher salaried, than any othl!r form other than the City Manager •. Befor e a vote was taken to approve amended Resolution !lo . 80, Hr . DeW i tt ra i sed a quest i on about the inconsistency of Mr . Kozacek 's votes 111th regard to the 11age matters . He referred to Section 37 of the Home Rule Charter. ~r . Kozacek responded he felt he was within his legal r i ght to cast a vote on .he motion to reduce the increase from 31 to 2. 71, even though he had pre - iously stated he 11ould be abstaining on the wage resolut i ons. F rther discussion ensued . Councllmember Koltay called for the question. Vot e r es lts on approval of Resolution No . 80, Series of 1989, as allll!nded : I I I I Engl~ Ctty Council Ntnute1 Dec:..,.r 18, 1989 -Page 11 Ayes: Nays: Abstain : Absent: Hot ion carried. Council Members Koltay, Hathaway, Byrne, Van Dyke Council Members Clayton, Habenicht Council Member Kozacek None COUNCIL NENBER CLAYTON NOVm, ANO IT WAS SECOfl>ED, TO RECESS. Ayes: Council Members Koltay, Hathaway, Kozatek, Byrne, Habenicht, Clayton, Van Dyke Nays: None Abstain: None Absent: None Motion carried; the 111eetlng recessed at 9:22 p.m. The meeting reconvened at 9:34 p.m. with all aembers present. COUNCIL NENBER BYRNE IIOYm, AND IT WAS SECOIIDED, TO RECONSIDER RESOLUTION IO. BO, CHANGIN& THE 2.n SALARY INCREASE BACK TO n. Ayes: Council Netllbers Byrne, Habenicht, Clayton, Van Dyke Nays: Cou"cll Plelnbers Koltay, Hathaway Abstil r.: Council Pletnber Kozacek Abse1 ,·t : None Hotton carried. The fourth resolution was assigned a number and read by title: RESOLUTION NO. 81, SERIES OF 1989 A RESOLUTION APPROVING A COMPENSATION PLAN SYSTEM FOR MANAGERIAL AND SUPER- VISORY EMPLOYEES OF THE CITY OF ENGLEWOOD FIRE DEPARTMENT FOR THE YEAR 1990. COUNCIL MEMBER CLAYTON MOVED, NCO IT WAS SECONDED, TO APPROVE RESOLUTION NO. Bl, SERIES OF 1989. COUNCIL MEMBER KOLTAY NOVED, ANO IT WAS SECOfl>ED, TO MDII SECTION I OF RESOLUTION NO. Bl, SERIES OF 1989, REDUCIN& THE WAIIE INCREASE FRON n TO 2.7~. Vote results on the motion to 1111end were: Ayes: Council Memb,rs Koltay , Hathaway Nays : Council Members Byrne, Habenicht, Clayton, Yan Dyke Abstain: Council Member Kozacek Absent: None Motion to amend failed. Vote results on approval of Resolut i on No. 81, Serles of 1989: Ayes: Council Members Byrne, Habenicht, Clayton, Yan Dyke Nays : Council Members Koltay, Hathaway Abstain: Council Member Kozacek Absent: None Motion carried. Englr.lOod C1ty Council "1nutes DecNber 19, 1191 -Page 12 Council "ember Koltay stated he did not wish the e11ployees to perceive his attempts to reduce the percent of salary Increase as a reflection upon the i r performance or abilities . Even though he realized these salaries were not to be covered by the election wage issues, he felt the electorate would be con -I fused by the percentages being offered various employee groups . He also felt these resolutions could have been reintroduced after the elect i on to amend those salaries . Council Member Kozacek commented upon the lack of will i ngness of the employees to accept lower pay so that levels of service could be maintained . Council Member Byrne stressed the need for a "pay for perfomance• phn i n order to effectively reward those employees who actually deserve 110re pay . (e) Director Fonda, presented a reconnendatton from the Bl -City Super - viso r y Co11111i ttee .to approve cluning of one digester at the 81 -C i ty Wastewater Treatment Plant by Liquid Waste Manag81118nt , Inc ., the low bidder . Mr. Fonda explained that the cost of S73,500 ts Included In the 1189 Bi-City WTP budget and wi ll be shared by both cities ~1sed on ratio of flows . Dur i ng thts clean- ing process , staff will observe the procedures followed by Liquid Waste Man - agement, Inc ., and then .~ay be able to undertake the clean i ng of the other two dlgesters during the next year. Mr. Fonda st~ted the work would take approxi - mately two months and h~ could not guarantee an odorless process. It was sug- gested that public not l-:es should be given to expla !n the procedure so the ct t I zens would be aware of the process. As this Is a hazardous process, the question of l iability on the part of the City was discussed. COWICIL ME"BER HABENICHT "OYED, AND IT WAS SECONDED, TO APPROVE THE CLEANING OF t.li t: DIGESTER BY LIQUID WASTE MNAGENENT, INC., IN THE ANOUNT OF $73,500. Hotlcn Aye $: Council Het11bers Koltay, Hathaway , Kozacek , Byrne, Nays: Abstain : Absent : carried. Habenicht, Clayton, Van Dyke None None None • • • • * COUNCIL MEl'IIER KOZACEK tlOVED, AND IT WAS SECONDED, TO BRING FORWARD AGENDA ITEM 11(1) FOR ACTION AT THIS TIME. Mot i on Ayes : Council Members Koltay , Hathaway , Kozacek , By r ne, Nays : Abstain : Absent : carried . Habenicht, Clayton, Van Dyke None None None * * • • • ( i) Di rector Fonda presented a reconnendation from the Bl -Ct ty Super - vi sory Committee to approve by motion the award for equipment prepurchase for I I I Englewood Ctty Council Ntnutes Dec..i,er 18, 1989 • Page 13 process equlpinent needed for the B1-Ctty Wastewater TrHb'9nt Phnt Improve • ments . Hr. Fonda explained the advantages of advance bidding for the prepur- chase of l ts equipment as pa, of the extensive tmproveinents to the plant. He stated the total cos t of $7 ~, .000 for the four bid ltMs ts $112,000 less than the engineers' esti111atlon, aud represents a good value for both cities. COUNCIL NDIIER CLAYTON NOVEO, NllJ IT WAS SECOIIIEO, TO APPROVE THE AWARD FOR EQUIPMENT PRENtCHASE FOR PROCESS EQUIPMENT NEEDED FOR THE 81-CJTY WASTEIIATER TREATMENT PLANT. Ayes : Council Mellbers Koltay, Hathaway, Kozacek, Byrne, Habenicht, Clayton, Van Dyke Nays: None Abstain: None Absent.: None Motion carried. Hr. Clayton connented that the Wastewater Treat111ent Plant has recently rece i ved the Region VIII Beneficial Sludge Treatment Award from EPA . Hr. Cl~yton c~~dlted Hr. Fonda for this award on behalf of the City. (f) Director Barthlome, presented a reconnendatlon from the Adminlstra- t Ive Services Department to approve by motion a contnct for supply of uni - forms for non-etnergency, police and fire personnel. Ms. BarthlOffll! explained that an evaluation of the bids received indicated the lowest acceptable com- petitive bid was received frot1 Neve's Uniforms, Inc., and she rec0'9Tlended the contract wl th Neve' s be approved . Process used to evaluate bids 111as ex• plained . Ms. Barthlome assured Council that Neve' s performance during the past several years has been very satisfactory. COUNCIL HlllBER CLAYTON NOVEO, AND IT WAS SECONDED, TO APPROVE TKE CONTRACT FOR NON-EMERGENCY, POLICE AND FIRE UNIFORMS FOR 1990-91 TO BE PROVIDED BY NEVE'S UtUFORIIS, INC. Ayes: Nays: Abstain : Absent: Hot1on carried. Council Members Koltay, Hathaway, Habenicht, Clayton, Van Dyke None None None Kozacek, Byrne, (g) ui rector Barthlome presented a reco11111endation from the Administra- tive Services Depa r tment to approve by motion a contract for laundry and dry cleaning service < cor 1990-91 for non-emerge nCJ, police and f i r l:' personuel to Payless Clean e . Ms . Barthlome explained that the three City union cont r acts call for cleaning of the uniforms at a cost to be borne by the City. Cost of that cleaning in 1988 and 1989 was approximately $40 ,000; she estimates the cost will be approximately the same for 1990 . She co11111ented that the current vendor, KWJK Way Cleaners, has served the City satisfactorily for the past two years; however, evaluation of bids received ind ·l-:ate that the lowest accept· able competitive price was received fr011 Payless Cleaners. She reconnended the contract for 1990 -91 with Payless Cleaners be approved. Council Member Kozacek asked if there was I non-perfon11ance clausl included 1n the contract . Hs . Barthlome stated there was not, explain i ng there was a 30 day cancellat i on clause in the contract . Sh,a inforwed Council that bas •!d on an inspection of Englewood City Council Nlnut,s DecHber 18, 19811 -Page 14 the facilities and equipment she felt Payless Cleaners could comply with the City's requirements . COUNCIL NDIIER CLAYTON MOVED, AND IT IIAS SECOll>m, TO APPROVE THE LAUNDRY ANO DRY CLEANING SERVICES CONTRACT FOR 1990-91 FOR NON-EMERGENCY, POLICE ANO FIRE PERSONNEL UNIFORNS WITH PAYLESS CLEANERS. Ms. Barthlome explained further the process followed to esti1111te the annual costs for 1990-91. Methods followed to assure the City Is not charged for personal cleaning were detailed. Council Member Kozacek stated he would be opposing this award based on the fact there was no penalty clause in the con - tract and had reservations about the firms ability to perform adequately . Vote results: Ayes: Nays : Abstain: Absent: Motion carried. Council Me11bers Kolt ■y, Hathaway, Byrne, Habenicht, Clayton, Van Dyke Council Member Kozacek None None (h} City Manager Fraser presented a recommendation frOIII the Publ i c Works Department to approve by motion a contract for Janitorial Services between the City of Englewood and Sunshine Janitorial . Hr . Fraser explained the service level of the current vendor had declined over the past year, and it was felt a change was necessary. Fifteen vendors were asked to bid ; bids were received from three. Of those three, Sunshine Janitorial at $4,100 per month is the lowest acceptable bid. COUNCIL NDl8ER HATHAWAY NOVED, ANO IT WAS SECONDED, TO APPROVE A CONTRACT WITH SUNSHINE JANITORIAL IN AN AMOUNT OF $4,100 MONTHLY, TO PROVlDE JANITORIAL SER- VICES FOR CITY HALL, LIBRARY AND POLICE/FIRE COMPLEX FOR 19!10. Ayes : Counc i l Members Koltay , Hathaway, Kozacek, Byrne, Habenicht, Clayton , Van Dyke Nay~: None AbS 'l',ln : None At-sent: None Mo tion carried . (1) Agenda Item ll(i) was moved forward and acted upon previously . See pages 12 and 13. 12. City Manager's Repor t (a) City Manager Fraser requested clarification concerning the 1990 wage Increase for those employees covered by the Englewood Police Benefit As- sociation contract. After discussion, COUNCIL NENBER HATHAWAY MOVED, All> IT IIAS SECOll>ED, F11R CLARIFICATION PURPOSES THAT THE ENGLEWOOD POLICE BENEFIT ASSOCIATION WILL IE RECEIVING THE CAREER SERVICE BOARD RECOflMEJl)ATION IIHICH IS 2' ON JMUARY l, 11190, AND UP TO n LATER IN THE YEAR SUBJECT TO THE NEDIAN REVIEW. I I I I En9l1WOOd Ctty Council Ntnutes Dec•ber 18, 19811 • Page 15 Ayes: Nays: Abstain : Absent: Motton carried. Council Mtabers Koltay, Hathaway, Habenicht, Clayton , Van Dyke None None None 13 . City Attorney's Report Kozacek, Byrne, (a) Mr. DeWitt tnnsmitted copies of 1) Allen Water Treatment Plant Cease and Desist Order and notice of assessment of penalty by the Colorado Department of Health; and 2) I nteri11 CERCLA Municipal Settlement Policy. (b) Mr . DeWitt announced that Ch arles Grim, Assistant City Attorney, had been named •ou tstanding llssistant C1t.y Attorney• by his peers in the Metropol i tan City Attorney ~~~ociation . 14. General Discussion (a) Mayor's Choice Mayor Van Dyke cemented that this is the last official 1989 Council meeting . She stated she has enjoyed working with the current counc i 1 n,e11bers and she felt the Council had heed hard issues .,h lch she hoped had been resolved in the best interest of the comuntty. She also commented t hat she looks forward to 1990 and working with the new council 111embP.rs as well . (b) Council Member's Choice (1) Council Member Koltay stated he wished to put to rest two rumors which were circulating. One rumor concerned Hr. Fraser having received Sll ,000 additional compensation to facilitate a move to the City of Englewood . Mr. Koltay stated that even though Council is encouraging Mr. Fraser to relo- cate in Englewood, he wanted It known th1t $11,000 has not been paid to Mr. Fraser nor negotiated for. The other ru1110r -that Mr. Fraser has applied for the City Manager position i n Aurora, Hr. Koltay asked Hr. Fraser If he wished to make a public statement. Hr. Fraser emphatically stated he had not applied for the position . (ii) Council Member Kozacek stated he would like to have his let- ter of resignation from various boards ancl commissions officially accepted. As a copy of the l etter was not available, Mayor Van Dyke suggested it be of - ficially accepted at the first meeting In Jariuary . Council Member Kozacek stated he wished to maintain his status as a member of the Fire Services Com - mittee after his term as council member ends January 8th. (iii) Council Member Byrne stated she plans to remain as a member of the Englewood Urban Renewal Authority after her tenn as council met11ber ends January 8th. Discussion ensued. Englewood City Council Minutes Dec•ber 18, 1981 -Page 16 (iv) Council Member Clayton presented copies of Council Bill No. 47 calling for a Charter amend111ent relative to impasse elections. He ex - pl ained that if approved, the Charter would be a11ended to require the Ci ty's Financial Department to estimate the financial impact of each alternative sin - gle measure with that 1nfonnation so noted on the ballot . Mr. Clayton felt It important that the citizens have a clear view of what they are voting upon and what the impact would be . The suggested wording would amend Sect ion 137 :6 whic h would then read : 137:6 IMPASSE RESOLUTION EACH ALTERNATIVE SINGLE MEASURE ON THE BALLOT SUBMITTED TO AH ELEC- TION AS A RESULT OF AN EMPLOYEE IMPASSE SHALL INCLUDE A STATEMENT PREPARED BY THE CITY'S FINANCIAL DEPARTMENT STATING THE FINANCIAL IMPACT OF EACH ALTERNATIVE SINGLE MEASURE FOR THE NEXT TWO YEARS . The Clerk was asked to read Council Bill No. 47, entitled: COUNCIL BILL NO. 47, INTRODUCED BY COUNC IL MEMBER CLAYTON A Bi ll FOR AN ORDINANCE SUBMITTING TO A VOTE OF THE QUALIFI ED ELECTORS OF THE CITY OF ENGLEWOOD AT A SPECIAL ELECTION TO BE HELD ON JANUARY 30, 1990, PRO• POSED AHENllMENT TO THE CHARTER OF THE CITY OF ENGLEWOOD RELATING TO THE FINAN - CIAL IMPORT OF IMPASSE ISSUES ,.No DECLARING AH EMERGENCY. COUNCIL MEMBER CLAYTON MOVED, AIII IT WAS SECONDED, TO APPROVE ON FIR ST READING COUNCIL Bill NO. 47, SERIES OF 1989. Mayo r Van Dyke stated she felt uneasy ab out suppo r ting this wi thout seeking more indepth lega l opinions and further discussion at a study session . Hr . Clayton explained that he felt It t11portant for the citizens to be aware of the f i nancial impact the various quest ions would hue upon the City if ap - proved by the el ectorate . He further expla i ned it was not his intent to have the financial i mpact 1nfor11ation Included on the January 30th ballot, only the question of whether it should be provided for subsequent impasse election ballots. Counci l Member Haben i cht stated she would be opposing passage. She con-mented that in her op i nion it would complicate the ballot question. She would prefer no t to amend the Charter p1ecen.eal and strongly urged a Charter Convention . I Discussion ensued about the ballot verbiage, and It was clarified that Hr . I Clayton's intent was to include only a simple statement, i.e., "Financial Im- pact for 1990 -Samount; Financial Impact for 1991 -Samount." There was fur- ther d i scussion about including the f i nancial im pact data for one year instead of two years. CO\MCIL MEMBER HATHAWAY PIOYED, ANO IT WAS SECOll>EO, TO MEIi> SECTION 137:6 TO READ: • .•• STATING THE FINANCIIIL IMPACT OF EACH ALTERNATIVE SINGLE MEASURE FOR THE NEXT ON'.:-YEAR.• It was clarified t hat the motion's intent was to change all mention of "two years " to "one year• within Council 8111 No . 47. I I Englewood C1ty Councn IUnutlS Dec•ber 18, 1989 -P1g1 17 Ayes: Council Members Kolt~y, Hathaway, Kozacek, Byrne, Habenicht, Clayton, Van Dyke Nays: None Abstain: None Absent : None Motion to amend carried. After further discussion, Council Member Clayton called for the question; vote results: Ayes: Council Members Kolby, H,thaw~y, l(ozac:P.k, Clayton, Yan Dyke Nays: Council Members Byrne , Habenicht Abstain: None Absent: None Hr. DeWitt stated that since thls council bi 11 carried an \1-t S•M <i ' r.·1 clause requiring unani1111>us approval, it doe s not pass w t?i et!H!rg ■ncy H•"i..1 •. ,,-it does pass as a regular council bill on first reading, but the ord1n , ,ce could n~t become effective in tillll! for inclusion on the January 30th ballnt The proper way to amend the council bill before ;econd reading wa ·. discussed. It was confinM!d that the Clerk should publish Council 8111 No. 47 as amended in the legal publications of the Englewood Sentinel. Mayor Yan Dyke encouraged Hr . Clayton to work with Hr. DoWit ~ in an effort to redraft the council bill so that this question could he Included on a future ballot . (v) Council Member Habenicht presented copies of Council Bill No . 48, Series of 1989, with reference to Council benefits . The Clerk was asked to read Council Bill No. 48, entitled : COUNCIL BILL NO. 48, INTRODUCED BY COUNCIL MEMBER HABENICHT ANO HATHAWAY A BILL FOR PEOPLES ORDINANCE NO. , SERIES OF 1989 AN ORDINANCE AMENDING TITLE I, CHAPTER 5, ENGLEWOOD MUNICIPAL CODE 1985 , BY ADDING A NEW SECTION 9 PERTAINING TO COUNCIL BENEFITS, DECLARING AN EMERGENCY RELATED THERETO, AND SETTING THIS ISSUE FOR A SPECIAL ELECTION. COUNCIL NENBER HAIIElUCHT MOVED, COONCIL NDIBER HATHAWAY SECONDED, TO APPROVE COUNCIL Bill NO, 48, SERIES Of li89. After lengthy discussion about whether this Council Bill should be changed to reflect "Series of 1990 " instead of Ser i es of 1989, a motion to anend was made as follows: EngllllOOd Ctty Council N1nutes Decaber 18, 1989 -Page 18 COUNCIL MEMBER KOZAC[I( MOVED TO MDII CIXIICIL IILL NO. 48 TO lll>ICATE SERIES OF 1990 INSTEAD OF 19B9 . Ayes: Council Members Koltay, Hathaway, Kozacek, Byrne, Habenicht, Clayton, Van Oyke Nays: None Abstain: None Absent: None Motion to amend carried. Council Member Habenicht thanked Council, stating that with the unani110us sup - port of Council on this issue, both at thts meet Ing and the next one 1n January, the decision of this difficult and controversial issue w111 rest w1th the people . Council Member r.ozacek reiterated that approval must be unanimous If H's t ,1 appear on the January 30th Special Election ballot. Vote results: Ayes: Council Menbers Koltay, Hathaway, Kozacek, Habenicht, Clayton, Van Dyke Nays : Council Me•ber Byrne Abstain : None Absent : None Motion carried; however, due to emergency cl ause which requires unanimous ap - proval, Council 8111 No. 48 does not pass with emergency status. Council Member Byrne offered an explanation for her ay vote stating three reasons: I) 2) 3) she did not want a vote in f,\\'l'lr to be nisconstrued by other coun- cl l members as support she did not think this addret • , the basic underlying problem which brought the ent.ire issue up. stating Council could still vote to increase other enollfents, an1 if not passed, Council could still continue to take the aounts they currently receive for health Insurance . Disappointment and dismay over Hs. Byrne 's position was expressed by several council members. Council Member -elect Bullock indicated he wished to speak concerning this subject. COUNCIL M£MBER HATHAWAY MOVED, AND IT VAS SECOlllED, TO DEFER FROM STAHOMD PROCEDURE ANO ALLON NR. BULLOCK TO SPEAK TO THE ISSUE. Ayes: Council Members Koltay, Hathaway, Koz1cek, Byrne, Habenicht, Clayton, Van Dyke Nays: None Abstain: None Absent: None Motion carried. I I I I En9llWOOcl City COUnc11 IHnut11 Dtc-.r 11, 1111 -Page 11 Mr. Bullock expressed his concurrence with Council Mellber Byrne's statements regarding Council 1110lllents. He regretted that Council Me ■ber Byrne hid not been privy to the discussions and 1greeaent r11ched during this evening's study session. lf given an opportunity to reconsider 1pprov1l of Council Bill No. 48, he u19ed Ms. Byrne's support of It, so the 1111tter could be decided by the people at the January 30th Speci1l Election. He assured Ms. Byrne that he and Mr. Wiggins had both agreed to support '.he unanimous p1SS1ge of Council B111 No. 48. After further discussion: COUNCIL IIDIIH KOZACDC NOVm, AND IT WAS SECCIIIED, TO RECONSIDER CGUNCIL BILL NO. 48, Mr . DeWitt was requested to determine who could properly 110ve to reconsider . Council Member Kozacek withdrew his motion pending Mr . Dewitt's review. (vi) Council Member Hathaway presented copies of Council Bill No . 46.1 regarding residency and age requireaient of councilpersons. The Clerk was asked to read Council 8111 No. 46.1, entitled: COUNCIL BILL NO. 46.i , INTRODUCED BY COUNCIL MEMBER HATHAWAY A Bill FOR AN ORDINANCE SUBMITTING TO A VOTE DF THE QUALIFIED ELECTORS OF THE CITY OF ENGLEVOOO AT A SPECIAL ELECTION TO BE HELD ON JANUARY 30, 1990, PRO- POSED AMENDMENT TO THE CHARTER OF THE CITY OF ENGLEWOOD RELATING TO AGE AND RESIDENCY REQUIREMENTS OF MEMBERS OF THE CITY COUNCIL AND DECLARING AN EMERGENCY. COUNCIL MENBEfl HATHAWAY MOVED, AND IT WAS SECOfl>m, TO APPROVE ON FIRST READ- ING COUNCIL BILL NO. 46.l, SERIES OF 1989. Council Me~ber Habenicht stated she would be opposing passage of Council Bil i No . 46.l as she did not feel confortable about lowering the 1ge requirenents. She would support changing the residency requirements . She stated if the two issues were separated she could possibl y support that concept, but she didn't think It appropriate to tie the two issues together. Council Member Hathaway responded stating Council Bill No. 46.1 deals w'th both issues that are necessary to bring our Charter into confor11ance with federal campaign standards 111d the State Constitution. She felt both issues needed to be clarified and should not be considered separately. Vote results: Ayes: Council Member Koltay, Hathaway, Kozacek, Byrne, Clay- ton, Van Dyke Nays: Council Me•ber Habenicht Abstain: None Absent: None Mayor Van Dyke announced that Council Bill No. 46 .l without unanimous support had pissed as I Council 8111 but without 1111M1rgency status; therefore, it wou1 ➔ Englewood Clti Coun<:·!1 Ntnutes Dec•ber 11, nr.~ -Page 2a not be effective 1n tl r.~ to be included as a ballot question for the Special Election. (vii) Council Member Habenicht st1ted she wished to Introduce an - other Council 8111 1nd asked the Clerk to read Council Bill No. 46.2, entitled: COUNCIL Bill NO. 46 .2, INTRODUCED BY COUNCIL MEMBER HABENICHT A Bill FOR AN ORDINANCE SUIIHITTING T~ A VOTr, OF THE QUALIFIED ELECTORS OF THE CITY OF ENGLEWOOD AT A SPECIAL ELECTION TO BE HELD ON JANUARY 30, 1990, PRO- POSED AMENDMENT TO THE CHARTER OF THE CITY or ENGLEWOOD RELATING TO AGE ANO RESIDENCY REQUIREMENTS OF MEMBERS OF THE CITY COUNCIL AND DECLARING AN EMERGENCY. COUNCIL NENBER HABENICHT NOVED, AND IT IIAS SECOll>ED, TO APPROVE ON FIRST READ· IN& COUNCIL BILL NO. 46.2, SERIES OF 1989. Counc i1 Member Hathaway shted she •"Ould be opposing passage of Council 8111 No . 46.2 as she does believe the age require11ent needs to be changed from 25 to 21 and th i s version of the Council 8111 does not address that issue . Counc i l Member Habenicht stated she would be willing to vote for another bill which would address Just the age requirement as a separate ballot issue, but she reiterated she was opposed to tying them together as one ball~t issue . There was further discusslo-n before the vote was called for; vote results ; Ayes: Council Member Koltay, Byrne, Habenicht, Clayton, Van Dyke Nays: Council Members Hathaway, Kozacek Abstain: None Absent· None Mayor Van Dyke announced that Council Bill No. 46.2 without unanimous support had passed as a Council Bill but without emergency status; therefore, it would not be effective in time to be included as a ballot question for the Special Election. Mayor Van Oyke corm1ented that she was certain that each and every member of Council was doing the best they could in light of the time element in getting emergency ordinances passed so they could be incl ·ded on the Special Election ballot; however, she strongly suggested that the ~recess being followed is I proving to be self-defeating and Is creating problems with publ i cations, etc. I She f~lt it would be better to spend more time di scuss i ng the pros and cons of each issue and that the matters could be dealt with properly in t i me for the neKt regular municipal elect i on, or if necessary another special election could be called. (viii) r.OUNCIL "EMBER KOZACEIC NOVED TO RECONSIDER COIAICIL BILL NO. 48 . (Agenda Item 14Bv regarding Insurance benefits for City Council) Council Memoer Byrne offered I compromise which would provide c0111pens1tion to those Council Me•bers who opted not to take medical and dental coverage. The I I Englewood City Counc:11 N1nutes Dlc•ber 18, 1989 • , ... 21 matter was discussed ~1th several council IIM!m~ers expressing opposition to such a pl..n. It was Indicated that Mr. Bullock would like to speak ,gain. COUNCIL MENIER CLAYTON NOVm, All> IT lfAS ~ECONDm, TO !USPEII> THE IULES TO PERMIT MR. BULLOCK TO SPEAK TO COUNCIL. Ayes: Council Me~ber Koltay, Hat~away, Kozacek, Byrne, Habenicht, Clayton, Van Dyke Nays: None Abstain: None Absent: None Hollon carried. Hr. Bullock concurred 1n Ms. Byrne's concerns about th! possibil ity that Coun - ci 1 could co11tinue to vote emollients; however, he ! uggested that unanimous approval of Counci l Bill No . 48 would be 1n the best interest of the Council at this point 1n time . Council Member Byrne stated In light of Hr. Bullock '; reaarks and given the fact the Insurance issue was so important In the outco ne of the last election, she would reconsider her vote on Council B111 No. 48. Further discussion ensued concerning other methods t 1e clth:ens ot the com- munity can resort to if they feel specific council m•mbers are abusing their powers. COUNCIL MEMBER HABENICHT MOVED, AND IT WAS SECONDED, FOR PASSAGE OF COUNCI L BILL NO. 48 AS NIENDm. Ayes: Nays : Abstain : Absent: Motion carried. Council Member Koltay, Hatl a'lay, Habenicht, Clayton, Van Dyke None None None Koucek, Byrne, Council Member Clayton quoted from Sections 3 and 2 of the Englewoo~ Home Rule Charter wh1ctl set forth the powers of City Council, ,:onnen ting that without those powers there would be no reason to have an elected Cot·:ic". 15. Adjourraent COUNCIL MEM!!ER KOZACEK MOVED TO ADJOURN. The meet Ing a ljourned at 11 :20 ; .. m.